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Agenda - Council - 20040622TOWN OF AURORA COUNCIL AGENDA N0.04-22 TUESDAY, TUNE 2Z 2004 7:00 PAN COUNCIL CHAMBERS AURORA TOWN HALL PUBLIC RELEASE 18/06/04 TOWN OF AURORA COUNCIL MEETING AGENDA NO. 04-22 Tuesday, June 22, 2004 7:00 P.M. OPEN FORUM — COUNCIL MEETING TO FOLLOW I DECLARATIONS OF PECUNIARY INTEREST 11 APPROVAL OFAGENDA RECOMMENDED: THAT the content of the Agenda as circulated by the Corporate Services Department be approved as presented. III ADOPTION OF MINUTES Special Council — Public Planning Meeting No. 04-19, Wednesday May 26, 2004 and Council Meeting No. 04-20, Tuesday, June 8, 2004 RECOMMENDED: THAT the Council Minutes of Meeting Numbers 04-19 and 04-20 be adopted as printed and circulated. IV PRESENTATIONS None V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Council Meeting No. 04-22 Tuesday, June 22, 2004 VII DELEGATIONS Page 2 of 13 (a) Mr. Jeffrey Miller and Mr. Kerr of Maple Leaf Foods (pg. 1) Re: Tannery Creek Study (b) Ms Florence Murray,.Director of Fundraising with the (pg. 3) Aurora Seniors Re: Fundraising for the New Seniors' Centre (Item 2(10)) (c) Mr. and Mrs. Schomans, Resident (pg. 4) Re: Proposed Parking Prohibitions on Gurnett Street (Item 5(3)) (d) Mr. Jodi Matthew, Resident (pg. 5) Re: Report PL04-075 — Cobblestone Lodge Retirement Home (Item 9) (e) Mr. Gary Stanhope of MHPM Project Managers (pg. 6a) Re: New Recreation Complex Earthworks Site (Item 13) Services Contract and Options for Energy Conservation and Sustainable Design Initiatives for the New Recreation Complex (Item 14) (f) Mr. Ron Veyt, Resident (pg. 16) Re: Leisure Services Advisory Committee Meeting June 10, 2004 — Thomson Park (Item 6(3)) (g) Ms Sandra Humfryes, Resident (pg. 17) Re: Traffic Calming Request on Golf Links Drive (Item 5(2)) Vlll CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION IX REGIONAL REPORT X OTHER BUSINESS, COUNCILLORS Council Meeting No. 04-22 Tuesday, June 22, 2004 XI READING OF BYLAWS RECOMMENDED: Page 3 of 13 THAT the following listed by-laws be given 1 st, 2nd and 3rd readings, and enacted: 4556-04.0 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. 4492-041 BEING A BY-LAW to declare surplus lands described as Part of Lot 80, Concession 1, EYS, in the Town of Aurora (adjacent to Chapman Court Extension). 4534-04.D BEING A BY-LAW to Amend By-law 2213-78 (Cobblestone - Holding) 4548-04.D BEING A BY-LAW to adopt Official Plan Amendment No. 53 (Trusthouse) 4549-04.D BEING A BY-LAW to adopt Official Plan Amendment No. 54 (2029193 Ontario Ltd.) 4551-04.D BEING A BY-LAW to exempt Part of Block 258 on Registered Plan 65M- 3573, 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). (pg. 179) (pg. 182) (pg. 185) (pg. 190) (pg. 203) (pg. 214) Council Meeting No. 04-22 Tuesday, June 22, 2004 4552-04.D BEING A BY-LAW to exempt Part of Blocks 96, 97, 100 AND 101 on Registered Plan 65M- 3657, 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). 4554-04.0 BEING A BY-LAW to Confirm Actions by Council Resulting From This Meeting - Tuesday, June 22,2004. Xll IN CAMERA Property and Personnel Matter RECOMMENDED: Page 4 of 13 (pg. 215) (pg. 217) THAT Council proceed In Camera to address a legal/property/personnel matter. Xlll ADJOURNMENT Council Meeting No. 04-22 Tuesday, June 22, 2004 AGENDA ITEMS 1. Aurora Hydro/Newmarket Hydro Amalgamation Assessment Report RECOMMENDED: Page 5 of 13 (pg. 18) THAT the Joint Utility Executive Team Amalgamation Assessment Report be received: and THAT the Town proceed to the next steps of the merger discussions with the Town of Newmarket including: ■ Establishment of a Shareholder Agreement detailing: ➢ Shareholdings ➢ Board of Directors ➢ Appointment of Auditors and financial reporting ➢ Shareholder approval thresholds ➢ Director approval thresholds ➢ Objectives and Guiding Principles for the company ➢ Share transfer, issuance and pledging ■ Establishment of an Amalgamation Agreement setting out: ➢ Mechanics of amalgamation under the Ontario Business Corporations Act ➢ Valuation of the companies and value ➢ Conditions precedent, such as: ■ Representations and warranties ■ Due diligence ➢ Any required covenants Shareholder consideration for • Other special arrangements to be considered by Council, including: ➢ Shareholder guarantees respecting current dividend and promissory note interest payments ➢ Allocation of initial savings and efficiencies ➢ Disposition of any excess working finds ➢ Potential one-time dividend payments in recognition of revenues realized through OEB retroactive rate adjustments Council Meeting No. 04-22 Tuesday, June 22, 2004 Page 6 of 13 THAT the Negotiation Committee consist of the CAO of the Town of Aurora, President and CEO of Aurora Hydro Connections Limited, one (1) Member of the Board of Directors and one (1) approved Member of Council with such supplementary legal and financial advice as may be required. 2. General Committee Meeting Report No. 04-17 (pg. 71) Tuesday, June 15,2004 RECOMMENDED: THAT the Report of the General Committee Meeting No. 04-17 be received and the recommendations carried by the Committee be adopted. 3. Motion Resulting From General Committee — May 4, 2004 (In -Camera Session) Re: Appointments to the Environmental Advisory Committee RECOMMENDED: THAT the following individuals be appointed to the Environmental Advisory Committee: Robert Cook David Tomlinson Mary Hill Susan Walmer Ellen Mole Klaus Wehrenberg Darryl Moore 4. AHC04-002 — June 14, 2004 Aurora Heritage Committee Meeting RECOMMENDED: 11 a ) (pg. 82) 1. THAT the Committee Record of the Aurora Heritage Committee Meeting held on June 14, 2004 be received for information; and 2. 18 Centre St. THAT J. McIntyre and/or M. Brevik be delegated the authority to confirm the final building elevations on behalf of the committee for 18 Centre St.; and Council Meeting No. 04-22 Page 7 of 13 Tuesday, June 22, 2004 3. Heritage Plaque 65 Spruce St. THAT the request for a Heritage Plaque from Mr. & Mrs. Housser of 65 Spruce St. be approved and that the signage should state "The Osborne House c. 1911".; and 4. Site Plan Development Hartman House 669 Wellington St. E. THAT the Town's Planning Dept. and Council consider the heritage significance of the Hartman House 669 Wellington St. E. (SW corner Bayview Ave & Wellington St. E) in its deliberations on the proposed development of the property (File D14-06-04 & D09-05-04 Aurora Toyota) recognizing its statement in the Town's Official Plan page 115 and Schedule "C" where this building is identified, and that the Town and property owner utilize its best efforts to preserve and incorporate this building in the future development of the site. 5. TSAB04-05 — June 9, 2004 Traffic Safety Advisory Board Meeting (pg. 88) RECOMMENDED: 1. THAT the Committee Record of the Traffic Safety Advisory Board Meeting held on June 9, 2004 be received as information; and 2. Report No. TSAB04-004 Traffic Calming Request on Golf Links Drive. THAT Report No. TSAB04-004 "Traffic Calming Request on Golf Links Drive" be received for information; THAT Council; approve in principle the traffic calming design for Golf Links Drive; authorize staff to conduct a poll of households on Golf Links Drive to ascertain their views on the traffic calming design as contained in Report No. TSAB04-004; request staff be requested to notify and consult with public and review agencies on the proposed traffic calming design; and authorize staff to post the necessary advertising for the road alteration by-law. Council Meeting No. 04-22 Page 8 of 13 Tuesday, June 22, 2004 3. Report No. TSAB04-002 — Parking Concerns on Gurnett Street. THAT multi -way stop sign control be approved at the intersection of Gurnett Street and Kennedy Street East; THAT parking be prohibited at anytime on the east side of Gurnett Street from Connaught Avenue to a point 40 meters north of Connaught Avenue; 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 with the TSAB's recommendations. 4. Report No. TSAB04-003 — Sightline Concerns on McMaster Avenue at the Hollidge Boulevard Intersection. THAT the second raised concrete centre median on Hollidge Boulevard west of McMaster Avenue be removed; THAT Council approve funds in the amount of $7,000 for this work; and THAT a letter be sent to all affected residents with the TSAB's recommendations. 5. June 2, 2004 memorandum from the Traffic/Transportation Analyst regarding Catherine Avenue — 2 Year Parking Review Between Yonge Street and Spruce Street. THAT the existing winter parking prohibition on the south side of Catherine Avenue from Yonge Street to Spruce Street from November 15Th to April 15Th remain in place on a permanent basis. 6. June 9, 2004 memorandum from the By-law Services Co-ordinator regarding Parking Concerns on Tyler Street and Mill Street. THAT parking be restricted on the south side of Tyler Street from the east edge of the west driveway of the site to the west edge of the east driveway of the property from 8:00a.m, to 4:00p.m., Monday to Friday. 7. May 18, 2004 e-mail from Ms. Gail Severini requesting for "Children at Play" signs on Watts Meadow. THAT the request for "Children at Play" sings on Watts Meadow be denied; and Council Meeting No. 04-22 Tuesday, June 22, 2004 Page 9 of 13 THAT a letter be sent to Ms. Gail Severine with the TSAB's recommendations. 8. May 26, 2004 e-mail from Ms. Jacqueline Schafer-Kopackov regarding safety concerns on Aurora Heights Drive. THAT the June 9, 2004 e-mail from Ms. Jacqueline Schafer- Kopackov regarding safety concerns on Aurora Heights Drive be deferred to the July 14, 2004 TSAB meeting; THAT staff be requested to conduct a speed count on Aurora Heights Drive between Crawford Rose Drive and McLeod Drive; and THAT a letter be sent to Ms. Jacqueline Schafer-Kopackov with the TSAB's recommendations. 9. June 1, 2004 e-mail from Ms. Stacey Crocker regarding parking concerns relating to a Super Mailbox in front of 23 Downey Circle. THAT staff be requested to work with Canada Post to determine if the existing Super Mailbox on Downey Circle in front of house #23 can be moved to the end of the cul-de-sac; THAT staff be requested to report back to the TSAB with the cost; and THAT a letter be sent to Ms. Stacey Crocker with the TSAB's recommendations. 10. May 29, 2004 e-mail from Mr. Bill Hogg regarding traffic flow through Bavview Wellington. THAT staff be requested to review the traffic flow through Bayview Wellington once the construction of the subdivisions and the commercial properties on Earl Steward Drive and Peterson Drive have been completed; and THAT a letter be sent to Mr. Bill Hogg with the TSAB's recommendations. 11. Selection of a Vice Chair from Committee Members. THAT Brett Cole be appointed the Vice Chair of the TSAB until January 2005 on a rotating basis. Council Meeting No. 04-22 Tuesday, June 22,2004 Page 10 of 13 6. LSAC04-02 — June 10, 2004, Leisure Services Advisory (pg. 99) Committee Meeting RECOMMENDED: 1. THAT the Committee Record of the Leisure Services Advisory Committee Meeting, held on June 10, 2004, be received for information. 2. Murray Parkette THAT the relationship with Beta Sigma Phi should be maintained; and THAT staff provide a paper trail showing the sequence of events regarding Regency Acres Committee Association's application to adopt the Murray Parkette. 3. Report LS04-022 - Timber/Thompson Park Construction THAT Timber/Thompson Parks be developed in accordance with the proposed Concept Plans presented by staff. 4. Report LS04-026 - Confederation Park Background Information THAT staff advise, in writing, whether they intend to honour the wishes of the Regency Acres Committee Association by providing garbage cans, benches and coniferous trees in Confederation Park; and THAT staff provide a written response as to whether the school's alarms and bells are in violation of the Town's noise by-law. 5. In -Camera THAT the 11 nominations submitted for the Youth Action Committee be accepted. Council Meeting No. 04-22 Tuesday, June 22, 2004 Page 11 of 13 PL04-072 — Application for Exemption from Part Lot Control (pg. 108) Arista Homes (Bayview Greens) Inc. Blocks 258, Registered Plan 65M-3573 Kirkvalley Crescent File D12-PLC-06-04 RECOMMENDED: THAT Council approve the request for exemption from Part Lot Control made by Arista Homes (Bayview Greens) Inc. to divide Block 258 on Kirkvalley Crescent, Registered Plan 65M-3573 into separate lots. THAT Council enact By-law 4551-04.D 8. PL04-073 - Application for Exemption from Part Lot Control (pg. 112) Bayview-Wellington North Inc. Blocks 96, 97, 100 and 101, Registered Plan 65M-3657 Limeridge Street and Kirkvalley Crescent File D12-PLC-07-04 RECOMMENDED: THAT Council approve the request for exemption from Part Lot Control made by Bayview-Wellington North Inc. to divide Blocks 96, 97, 100 and 101 on Limeridge Street and Kirkvalley Crescent, Registered Plan 65M- 3567 into separate lots. THAT Council enact By-law 4552-04.D 9. PL04-075 — Cobblestone Lodge Retirement Home (pg. 118) Lot 167, R.P. 246 15029 Yonge Street Zoning Amendment Application File D14-18-03 RECOMMENDED: THAT report PL04-075 be received and that Council determine its position with respect to proposed Zoning By-law Amendment No. 4534-04.D. Council Meeting No. 04-22 Page 12 of 13 Tuesday, June 22, 2004 10. PW04-028 — Award of Tender No. PW2004-09 - Construction of (pg. 131) Sanitary Sewer and Watermain along Leslie Street RECOMMENDED: THAT Tender PW2004-09 the "Construction of Sanitary Sewer and Watermain Along Leslie Street' be awarded to Carillion Construction Canada at its tendered price of $536,791.94; and THAT Council authorize the Mayor and Municipal Clerk to execute the attached Form of Agreement between the Town of Aurora and Carillion Construction Canada for the Construction of Sanitary Sewer and Watermain along Leslie Street. 11. Memo from the Director of Planning (pg. 138) Re: Oak Ridges Moraine By-law Flexibility RECOMMENDED: THAT Council provide direction on this matter. 12. LS04-029 —Additional 2004 Community Grant Requests (pg. 141) RECOMMENDED: THAT Council approve an additional 2004 Grant request for Mara Jones in the amount of $500.00 and the Aurora Tigers Junior A Hockey Club in the amount of $500.00. 13. Progress Report from MHPM Project Managers (pg. 150) Re: New Recreation Complex Earthworks Site Services Contract RECOMMENDED: THAT Council authorize the award of the Earthworks Site Services contract to Newbuilt Developers Ltd.; and THAT staff be authorized to immediately execute a contract to commence the work on site, subsequent to permit approvals pending. Council Meeting No. 04-22 Page 13 of 13 Tuesday, June 22, 2004 14. Report from MHPM Project Managers (pg. 153) Re: Energy Conservation and Sustainable Design Initiatives for the New Recreation Complex RECOMMENDED: 1. THAT Council give direction to the Project Architect and Engineers to proceed with the Ecochill system as part of the project program, at an estimated additional cost of $123,200; and 2. THAT Council provide direction on whether LEED certification is to be achieved; and if so 3. THAT the maximum certification level be targeted and certified; and 4. THAT a Special Council meeting be called on September 7, 2004, to award the General Contract. 15. Correspondence from the Town of Newmarket (pg. 168) Re: Joint Recreational Pool Facility RECOMMENDED: THAT Council provide direction on this matter. 16. LSO4-030 — Request for Quotations L.S. 2004-31 (pg. 170) through 34 Aurora Community Centre (ACC1) Rehabilitation Works RECOMMENDED: THAT Council award RFQ No. L.S. 2004-31 Main Entrance Ticket Booth Replacement and Suspended Ceiling Lighting Replacement to Ruscro General Contracting in the amount of $34,510.00 less G.S.T.; and THAT Council award RFQ No. L.S. 2004-32 Interior Painting to Al's Decorating and Carpet Service in the amount of $28,608.00 less G.S.T.; and THAT Council award RFQ No. L.S. 2004-33 Supply and Installation of Floor Tiles to Keefe Bros. Carpet Ltd. in the amount of $13,930.00 less G.S.T.; and THAT Council award RFQ No. L.S. 2004-34 Shower Stall and Washroom Partitian Works to Doug Thompson Contracting Ltd. in the amount of $16,635.00 less G.S.T. �PI�Cy���196r�t�><r>tu! Pan izza, Bob From: Miller, Jeffrey S Sent: Thursday, June 17, 2004 1:53 PM To: Pani=, Bob Subject: Tannery Creek Study Please be advised that, further to the opportunity extended by the Town of Aurora Council, at its General Committee Meeting of June 15th, to make a presentation at the Council meeting of June 22nd, both myself and Mr. Kerr will be in attendance and at least one of us will wish to make a submission at that time. Additionally, we hope to provide reports to the Town on this issue. Please provide as soon as possible all agenda, and other related items pertaining to this matter which will be voted on or discussed by Council. You can a mail me these items at millerjs®mapleleaf.ca or you can send me the information by telefax at 416-963-6125. I also wish to advise that our participation in these delegations and submissions to Town Council should not necessarily be interpreted as an implied approval of the course of action that the Town has elected to follow in this matter. Please feel free to contact me at 416-925-2011 if you wish to discuss this matter further. Regards, Jeffrey Miller Outbound email scanned for viruses. (e230) COUNCIL JUNE 22 2004 ,von of,, TOWN OF AURORA „ eM,re r 1,11 EXTRACT FROM GENERAL COMMITTEE MEETING NO. 04-17 HELD ON TUESDAY, JUNE 15, 2004 V DELEGATIONS (b) Mr. Jeffrey Miller, Maple Leaf Foods Re: Item 2 -Tannery Creek -Surface Water and Sediment Sampling Results Mr. Jeffrey Miller of Maple Leaf Foods, who are the owners of the Collis Leather site, addressed the Committee to advise that the contamination in Tannery Creek may have originated from many other sources, other than from Collis Leather. Mr. Miller requested that all potential sources be investigated, since Maple Leaf Foods has already engaged in clean-up but contamination from other sources continues to show up. Mr. Miller agreed to provide more detailed information to the Clerk by noon on Friday, June 18, 2004, in order to include this on the agenda for the June 22, 2004 Council meeting. Moved by Councillor West Seconded by Councillor Morris THAT the comments of the delegate be received. CARRIED 2 COUNCIL JUNE 22 2004 Panizza, Bob From: Hinder, Kim Sent: Thursday, June 17, 2004 1:05 PM To: Perim, Bob Cc: Ewart, Karen Subject: Delegation status at council June 22104 Good Afternoon; Florence Murray, Director of Fundraising with the Aurora Seniors, would like delegation status at the next council meeting on June 22, 2004, Thank you Kim Hinder Seniors' Coordinator COUNCIL DUNE 22 2004 Page 1 oft Panizza, Bob From: Jessle Schorman Sent: Tuesday, June 15, 2004 8:30 PM To: Panizza, Bob Subject: Proposed Parking Prohibition On Gurnett Street Dear Mr Panizza: I am writing to you with regard to the letter received June 15th, 2004 ,Re: Proposed Parking Prohibition On Gurnett Street. I would like to request that both my husband Rick Schormans as well as myself Diane Schormans have the opportunity to address the matter at hand( Namely the parking on the East side of Gurnett Street to a point 40 meters North of Connaught Ave.) at the next council meeting scheduled for June 22nd,2004. In the letter received ,numerous times Is the mention of Mr. Jody Matthew . My I please ask "Who Is Jody Matthew"? Please advise as to the time of the Council meeting time as well . I swell your reply. Diane Scharmans 6116104 COUNCIL JUNE 22 2004 .Wnofq "e TOWN OF AURORA d R Flaw Nkrz MQd To Call „W,�e. EXTRACT FROM COUNCIL MEETING NO. 04-18 HELD ON TUESDAY, MAY 25, 2004 3. PL04-054 - COBBLESTONE LODGE RETIREMENT HOME Lot 167, R.P. 246, 15029 Yonge Street Zoning Amendment Application, File D14-18-03 Moved by Councillor West Seconded by Councillor Buck THAT report PL04-054 be received; and THAT Zoning By-law Amendment No. 4534-04.D be enacted. DEFERRAL: Upon the question of the adoption of the resolution, it was: Moved by Councillor Vrancic Seconded by Councillor Morris THAT report PL04-054 and Zoning By-law Amendment No. 4534-04.D be deferred for 4 weeks, to allow Mr. Matthew to meet with staff in regard to this issue. CARRIED CORRESPONDENCE SENT BY: Corporate Svs. ACTION DEPT.: Planning INFO: A. Roylance PENDING 5 ''COUNCIL JUNE 22 2004 TOWN OF AURORA EXTRACT FROM COUNCIL MEETING NO. 04-18 HELD ON TUESDAY, MAY 25, 2004 VII DELEGATIONS Mr. Jody Matthew Re: Cobblestone Lodge Retirement Home Mr. Jody Matthew addressed Council regarding issued related to Cobblestone Lodge Retirement Home, and requested that Council deferthe decision on enacting the proposed By-law in order that the Town can check with the Region of York, to ensure that proper safeguards are in place with respect to the special needs residents of the facility. a COUNCIL JUNE 22 2004 0 COUNCIL JUNE :e 2004 o 2 0 .± s . . - . t: 0 y v . . ?l . 2° .. ^° » = . . ui CL LLJ m; y. � 001 2 COUNCIL JUNE 22 2004 CL Ci Q� 44- .� W O L 0) Lu E co Ul 1- ui Q I 1 I 0 m -F0 N 0 0 COUNCIL DUNE 22 2004 . am CL U) ai O •� aaa® q 61m1 L6 O w � 3 � c - 0 0 y a o L�d 3 E C N C ) C 0 y� CL O _ 0 O N C O 0 N N m >. 21.2 d ' , C o aD c c >c(Da) a a)O ,-ohm oUCLN �. 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I can be contacted at 905-417-6992. thank you, Paula Conboy 6/17/04 16 COUNCIL JUNE 22 2004 Panizza, Bob From: shumfryes@bell.ca Sent: Friday, June 18, 2004 1:07 PM To: Panizza, Bob Cc: Jefferson, Brent Subject: Delegate Status - Report No. TSAB04-004 Dear Mr. Panizza, I would like to request delegate status on behalf of the residents of Golf Links Drive relative to Report No. TSA1304-004 - "Traffic calming Request on Golf Links Drive". I believe that the June 22nd, 2004 council meeting, council members will be reviewing and hopefully supporting the TSAB recommendations for traffic calming devices on Golf Links Drive to reduce speeds. If you require any additional information or if I require to fill forms, please do not hesitate to contact me at my residence at 905-727-1433 or business at 416-353-6050. Sincerely, Sandra Humfryes 17 COUNCIL JUNE 22 2004 urora H-vd o 215 Industrial Parkway South, Box 157, Aurora, Ontario L4G 3H3 Telephone (905) 727-4612 Fax (905) 727-7340 AGENDA ITEM # I June 17, 2004 Town of Aurora Council 100 John West Way Box 1000 Aurora, Ontario L4G 6J1 Attention: Larry Allison Re: Aurora Hydro / Newmarket Hydro Amalgamation Assessment Report Dear Sir: At a special meeting of the Borealis Hydro Electric Holdings Inc. Board, held June 14, 2004, at which Shareholder representatives were invited to attend, the following Board motion was passed: Moved by: Jane Murray Seconded by: Tim Jones THAT the Board endorse the Joint Utility Executive Team Amalgamation Assessment Report and recommend to the Shareholder to proceed to the next steps of the merger discussions with the Town of Newmarket. Carried Attached to this report are the following supporting documents: 1) Navigant Consulting discussion paper on risks associated with a Merger with Newmarket Hydro, risks associated with Aurora Hydro remaining a stand alone utility and alternatives to amalgamation and stand alone options. 18 COUNCIL JUNE 22 2004 Larry Allison June 17, 2004 Page 2 2) June 14, 2004 Board Report recommending that the Shareholder proceed to the next step of merger discussions with the Town of Newmarket. 3) Navigant Consulting discussion paper on performance based regulation, rates and qualitative benefits to Amalgamation. 4) Aurora Hydro Connections Limited and Newmarket Hydro Ltd. Amalgamation Assessment Report. 5) Navigant Consulting review of the Aurora Hydro/Newmarket Hydro Merger Report. Please contact me if you have any further questions or comments. Yours truly, AURORA HYDRO CONNECTIONS LIMITED Jo • . Sanderson, P.Eng. President and CEO JS/cm E COUNCIL JUNE 22 2004 NAviGANT CON SU ITING INTRODUCTION Following a meeting with Aurora Hydro board members and shareholder representatives, Navigant Consulting was asked to identify: • The risks associated with Aurora Hydro — Newmarket Hydro amalgamation; • The risks associated with Aurora Hydro remaining stand-alone; and • Alternatives to amalgamation and, stand-alone. These issues are addressed in the following sections. 2 AMALGAMATION RISKS As in any corporate merger, the proposed Aurora Hydro — Newmarket Hydro amalgamation faces numerous risks in achieving the desired end state. The following table identifies the key risks inherent in a merger and outlines how management has attempted to mitigate these risks: Inherent Risk Risk Mitigating Factors • Multiple owners increases the risk • Shareholders are of similar mindset which should enhance of decision making paralysis decision making. In addition, the shareholder agreement can be structured to resolve issues of crucial importance to individual shareholders. • Not realizing or delays in 0 Management has used conservative estimates when realizing efficiency gains quantifying potential savings from the merger. In addition, (Integration risk) there is high confidence in the dollar amounts associated with many of the major drivers of savings (premises, billing, contract staff reductions) due to the contractual nature of the expenses involved. Finally, management will need to establish an integration team that is responsible to ensure that efficiency improvements are implemented in a timely fashion. • Staff resistance • Unions may block moves to outsource services such as billing, but overall level of acceptance should be high given absence of full-time job reductions and potential for increased wages through harmonization. • Public resistance • Positive relationship between communities plus a concerted public education campaign should alleviate any public concerns • Increased transaction costs Navigant Consulting noted that transaction cost estimates may need to be increased for legal and system integration. Fortunately, the projected savings are more than sufficient to absorb an increase in transaction costs. • System incompatibility • Management has reviewed internal operating and distribution systems and is confident that both systems can be integrated with minimal difficulty. • Reduced control • Control will be reduced compared to current ownership; however ultimate shareholder control over most issues such as rates and service levels is minimal now that the utility is regulated by the OEB. • Not receiving regulatory approval • Shareholders are demanding a thorough due diligence which will benefit the regulatory approval process. 20 COUNCIL JUNE 22 2004 NAvIGANT CONSULTING Status Quo Risks A decision to forgo opportunities to merge or acquire would leave the utility in a "business as usual" state. While this would minimize short-term risk and avoid the additional expenditures associated with a merger scenario, it could significantly hinder operating flexibility going forward. The number of "levers" available to utility management to respond to pressures imposed by the regulator on operating costs, service and reliability are much more limited. In addition to self-imposed cost cutting and other efficiency improvement mechanisms, the only alternative for utility management is to consider outsourcing or joint ventures, which may hinder or prevent the shareholder from selling or merging the utility in future. The bottom line is that a future stand-alone Aurora Hydro may look fundamentally different than it does today. Furthermore, regulatory pressure may force the shareholder into certain decisions — such as selling or merging — at an inopportune time, thus diminishing the value of the asset. It is also important to be aware that Aurora Hydro has the opportunity to become a "founding partner" of an amalgamated Aurora — Newmarket Hydro. It is not unusual for the initial shareholders in such an arrangement to grant themselves certain guarantees in the shareholder agreement that would not apply to members that join later (e.g. minimum board representation). It is quite possible that the Town of Newmarket will seek other partners if the Town of Aurora were to opt out of a merger at this point. If the Town of Aurora decided at a later date to re -consider the amalgamation option, it is highly likely that Aurora's negotiating position would be considerably reduced. Therefore, the opportunity to secure these "founding partner" guarantees will have passed and Aurora will be negotiating from the position of a junior partner. 3 ALTERNATIVES TO THE AMALGAMATION AND STAND-ALONE OPTIONS This section discusses the primary strategic alternatives to amalgamation or stand-alone operation: growth through acquisition; outsourcing/joint ventures; outright sale and entering into an operating lease. Growth Through Acquisition As outlined previously, it is expected that successive generations of performance -based ratemaking will exert considerable pressure on utilities in the province to become increasingly efficient. One of the ways to improve operating efficiency is to expand the customer base through acquisition and capture potential efficiencies available through increasing economies of scale. Depending on the attractiveness of the utility for sale and the number of bidders, an acquirer will need to formulate a bid that offers value and commitments that exceed other bidders. One of the common features of many purchase offers is an employment guarantee that effectively delays potential integration savings. In addition, it will be necessary for the bidder to devise ways to implement cost reductions that exceed other competing bids; yet a significant portion of these savings will need to be passed on to the vendor in the form of increased value (or bid premium) in order to win the bid. The extent to which value is passed back to the vendor will vary from transaction to transaction. However, this is perhaps the greatest source of risk in an acquisition since it creates a substantial minimum threshold point in terms of savings that must be achieved before the buyer sees a net benefit from the transaction. If the purchaser fails to achieve at least the savings that were reflected in the bid premium, from an economic perspective they will worse off than before the purchase. Why Consider an Acquisition? 21 COUNCIL JUNE 22 2004 NAvIGANT CO NS LILTING Shareholder's investment should see better value preservation and possibly value enhancement from improved efficiencies. These efficiencies are potentially greater than under the amalgamation scenario. • Long term decision making should be easier due to single owner; Concerns Significantly greater integration risk since a large portion of incremental value from efficiency savings has been passed on to the vendor; Limited promising acquisition candidates for Newmarket Hydro or Aurora Hydro given their size and location. Outright Sale If the shareholder of Aurora Hydro or the shareholder of Newmarket Hydro decide that owning and operating the local utility is not in their long-term interest, a sale of the assets or shares of the utility is the quickest and most simple method of exiting the business. There is an additional incentive to consider this option given the current transfer tax waiver' that extends through March 28, 2005. The shareholders of the utilities would require OEB approval prior to this date; otherwise any sale transaction would be subject to a 33% transfer tax less PIL taxes paid to date. Current Market is Illiquid When the Electricity Act 1998 was first announced and clarified that ownership of MEUs rested with the municipality, many municipalities made the decision to sell. The transaction environment and market outlook at the time was very favourable to vendors, often resulting in sale prices that were well above the book value of assets. There were a number of well -financed bidders present who were encouraged by the Ontario market potential and the relatively straightforward market rules outlined by the Ontario government and the OEB. However, today's market is not nearly as buoyant. Many of the previous buyers have left the Ontario market for good, or at a minimum, reduced their expectation due to numerous changes to government policy. It is true that the clarity provided in the legislation announced by the Ontario government should cause some private utilities to once again seek opportunities in Ontario. Unfortunately, the number of suitors will be fewer and the level of aggressiveness will be lower due to the: • Absence of many US players who continue to re -focus on their core domesticbusinesses; • Financial restrictions imposed on US and Canadian utilities by credit rating agencies in the post Enron era; • Continued feeling that Ontario is a questionable place to invest. In this environment, it can be safely assumed that any present day transactions will be at prices lower than three years ago; however, the size of the discount is difficult to determine. Navigant Consulting believes that most transactions will be much closer to net book value rather than the 1.3 times and sometimes higher that was previously experienced. Why Consider Selling? • Value inherent in business is monetized, albeit at lower values than previously experienced; Transfer tax waiver applies only to municipal utilities that are sold to other govemment-owned utilities. 22 'COUNCIL DUNE 22 2004 NAVIGANT 1 CONSULTING • Regulatory and operating risk has been entirely passed on to new owner; Concerns • Illiquid market makes it difficult to determine potential sale price; • A transaction with a private bidder would trigger transfer tax, significantly reducing the net proceeds to the seller; • Municipality is no longer in control of the ultimate destiny of the utility. Operating Lease An operating lease provides an alternative to an outright sale that may have some attractive features for a municipality. In an operating lease, the MEU leases its distribution assets to a third party (lessee) who operates the utility for the term of the lease (usually 10 years). All new capital is funded by the lessee who also takes on all regulatory and operating risk for the term of the lease. At lease expiry, the lessee has an option to buy the balance of the assets. Why Consider an Operating Lease? • Provides a long term source of revenue for the municipality; • Avoids transfer tax; • The ownership and long term destiny of the asset remains with the municipality; Concerns • Illiquid market makes it difficult to determine lease value. Outsourcing / Joint Venture While outsourcing of functions among LDCs in Ontario has been common for many years, it has typically been limited to tree trimming, meter reading or some line constriction work. More recently, larger utilities have been moving to outsource back office functions of customer service, billing, IT, HR and finance. Outsourcing allows the utility to offload some of the operational risk associated with these functions through a contractual arrangement that provides more certain costs for these services. Some of the more notable outsourcing agreements in Canada include Cap Gemini / Hydro One and the recently formed Accenture Business Services (ABS), whose clients include Enbridge, BC Gas, Centrica, BC Hydro, and Enmax. Collectively, these companies serve over 5 million customers. Accenture Business Services currently offers services for IT, customer service (meter reading, billing, call centre, credit & collections), human resources, and financial support. In theory, outsourcing allows each party to focus on what they do best — delivering energy for a utility versus customer service for the service provider. Any economies of scale or scope that the service provider captures are shared with the client utility in the from of reduced costs. The magnitude of these savings depend on a number of things, including the number of customers involved, the length of the contract, the presence of employment guarantees and the relative efficiency of operation at contract commencement. Why Consider Outsourcing? • Some operating risk is passed on to the service provider; • Should reduce costs in the long run versus providing service in-house; Concerns 23 COUNCIL JUNE 22 2004 NAVIGANT CONSULTING • May limit the shareholder's ability to merge or sell the utility with outsourcing agreements in place; 4 CONCLUSIONS AND RECOMMENDATIONS Given the current and anticipated future operating environment for electric distribution utilities in Ontario, operating flexibility will be the key to success. Utilities will need to be able to respond to continuing cost pressures from PBR while maintaining or improving service and reliability levels. In this environment, the most attractive strategic option is amalgamation, given that it: 1. Provides operating flexibility but does not preclude a strategic change of direction toward another opportunity (e.g future sale); 2. Has the potential to increase value for the shareholder; 3. Would likely lead to lower rates for ratepayers when compared to the stand alone option; 4. Would retain at least some control over the utility for the municipal shareholder; 5. Presents minimal risk to shareholders and ratepayers. Amalgamation presents a low risk, low cost opportunity that is even more attractive under the current transfer tax waiver period set to expire March 28, 2005. Therefore, in Navigant Consulting's opinion, it would seem a prudent course of action for the management of Newmarket Hydro and Aurora Hydro to continue discussions and due diligence toward a possible amalgamation of the two utilities. 24 COUNCIL JUNE 22 2004 Borealis Hydro Electric Holdings Inc. Page 1 REPORT #04-07-01 TO: Board of Directors FROM: John Sanderson President and CEO DATE: June 14, 2004 SUBJECT. Aurora Hydro / Newmarket Hydro Merger Recommendation THAT the Board endorse the Joint Utility Executive Team Amalgamation Assessment Report and recommend to the Shareholder to proceed with the next steps of the merger discussions with the Town of Newmarket. Background At the March 2, 2004 Council meeting, Council endorsed the principle of amalgamation between Aurora Hydro and Newmarket Hydro in accordance with the Navigant report, and instructed staff to continue to investigate the benefits of merging the operations of the two utilities. A Joint Utility Executive Team was struck comprised of the Presidents, Chief Financial Officers, the Director of Engineering and Operations for Aurora Hydro and the Chief Operating Officer of Newmarket Hydro. The Team also included at least one representative from Navigant Consulting in attendance at Team meetings. The respective Town CAO's were provided information as available to ensure their participation in the process. The Team examined a "stand alone" scenario for each utility and a "merged" scenario, and how these scenarios were forecasted to perform with respect to future revenues, expenditures and investment in capital structures. The report reveals the financial positions and the other significant benefits that could be achieved by a merger. Also included in the report is a review by Navigant Consulting, which supports the principles and methodologies used, as well as supporting the forecasted savings as "realistic and achievable". 25 COUNCIL JUNE 22 2004 Borealis Hydro Electric Holdings Inc. Page 2 REPORT #04-07-01 Comments The earlier Navigant Report was the first step in the merger process. The Amalgamation Assessment Report (the Report) represents stage two of the process, being a financial review of the proposed merger in order to confirm that financial advantages exist prior to undertaking any further deliberations between the shareholders. Step three would be deliberations between the respective shareholders to establish Shareholder and Amalgamation Agreements. Newmarket Hydro has presented the Report to its Board. Their Board endorsed the recommendation and subsequently presented the Report to their Shareholder. The Town of Newmarket has endorsed proceeding to the next step of the merger process. The Report The Report presents a conservative cost savings and cost avoidance that relate to a merger of the two utility operations. While this analysis was able to identify $800,000 in cost savings through incremental savings and future avoided operating costs after a transition period, the report also identifies an additional $600,000 of future avoided capital costs over the four year forecast. There were no apparent financial risks. In addition to the financial benefits, there are a number of additional issues that a merged utility would be able to benefit from. 1. A merged utility would be able to integrate their distribution systems to allow for a reduction in system losses. This translates to a lower cost of power and should result in a decrease to the customer's energy bill. 2. A merged utility would have enhanced distribution system reliability as a result of increasing the availability of tie points between the total number of supply points for the two utilities. This would result in a decrease in the time required to restore power in the event of an outage or equipment failure, in turn reducing outage minutes to customers. It would also be of benefit in the event of a loss of a transformer at Hydro One's transformer station. 3. A merged utility would be better able to concentrate and specialize staff resources on industry issues and in response to challenges of continued industry restructuring. As well, being larger would allow better opportunity to participate and influence the electrical distribution industry. M- COUNCIL JUNE 22 2004 Borealis Hydro Electric Holdings Inc. Page 3 REPORT #04-07-01 4. A merged utility would be in a better position to meet the performance based rate (PBR) requirements as savings would be realized through future staff attrition. The OEB will continue to force LDC's to reduce costs to customers through performance based rates. 5. A merged utility done prior to any forced merger would likely have advantages as it is generally perceived that it is more beneficial to the Shareholders and customers to be in charge of a merger than have it mandated through regulation. Prior to electrical industry restructuring there were approximately 320 local distribution companies (LDC's) in Ontario. Currently there are approximately 90 LDC's and it is generally anticipated that the Government and OEB will mandate efficiencies in the distribution sector through a further reduction of the number of local utilities. With respect to rates, it is difficult at best to forecast specific distribution rate impacts as a result of a merger given the current state of the Ontario Energy Board's (OEB) position on rates in general. Two major factors affecting rates are: • A Cost Allocation Study, as directed by the OEB, will be used to determine the cost to service specific classes of customers in order to eliminate cross subsidies between classes. This information will be used to determine future rates. • Rebasing of the rates, as deemed by the OEB, will be conducted to take into consideration additional capital infrastructure that has been put in place since the start of the electrical industry restructuring and initial 1999 rate base. This will allow the utility to capture the deemed rate of return on the new installed plant. It is anticipated that the merged utility would not harmonize rates until such time as the cost allocation study and rebasing exercise has been completed. Therefore the impact of rates harmonization is difficult to predict given the regulatory uncertainty, however, a larger utility would be better positioned to address rates issues softening impacts to customers. The Joint Utility Team recognizes that the Report does not specifically address any risks associated with the merger. It is the Team's opinion that: • some of these risks are essentially challenges that need to be met to have the merger transpire, such as union issues, relocation etc. • the risks of not merging are the converse of the other benefits stated above, namely: o higher losses o lower overall reliability 27 COUNCIL JUNE 22 2004 Borealis Hydro Electric Holdings Inc. Page 4 REPORT #04-07-01 o less influence in the electrical industry o greater difficulty in meeting PBR o being forced to merge Attached to this report is a memo from Navigant Consulting. Their memo restates some of the information noted above, outlines concerns related to shareholder control, as well as provides commentary on value impact. There are a number of issues that will need the consideration of the Shareholders' should a merger of the two utilities be endorsed. These issues have not been covered in detail within Report other than noting them under the heading of "The Way Forward". Should the Shareholder endorse proceeding to the next step in the merger process between Aurora Hydro and Newmarket Hydro, an Amalgamation Agreement, Shareholder Agreement and any other special arrangements included therein would need to be worked out between the Shareholders. Given that an application for the merger must be submitted to the OEB prior to March 28, 2005, it would be anticipated the Shareholder deliberations would need to commence in the fall of 2004 and be completed early in 2005. Effect on Finance The attached report discloses the financial position of the stand alone scenarios, provides commentary on the potential benefits of a merger, and identifies avoided costs. Conclusion That the Shareholder receive, for information and discussion, the report titled Amalgamation Assessment; and That the Shareholder endorse the commitment to the next step of the process, which is to continue the discussions with the Town of Newmarket, the items stated in the Way Forward. Link to Strategic Plan This item relates to: • Objective I: Managing our Core Business for profitability 28 COU N 7r. 2004 r. ON s u i r I ,,N c Board Meeting Follow-up on Amalgamation Assessment Amalgamation Context Performance Based Regulation Aurora Hydro operates under performance based regulation (PBR) that uses financial incentives with appropriate checks and balances to influence the behavior of regulated utilities. The expectation is that PBR will foster an atmosphere where utilities try to lower cost and improve service to customers while providing an acceptable return to their shareholders. PBR has and will continue to exert considerable pressure on utilities in the province of Ontario to find innovative ways to reduce operating costs. Although little information is available on the second generation PBR plan (PBR 2), it is reasonable to assume that it will continue to put pressure on utilities to reduce controllable expenses further. In fact, the Ontario Energy Board (OEB) is currently reviewing ways to promote further efficiencies in the distribution sector, and the ultimate design of PBR 2 may be the lever to fulfill this objective. In fact, Navigant Consulting expects that it will be difficult for utilities to achieve the anticipated mandated efficiency improvements over the long term, without considerable restructuring (outsourcing), strategic alliances or mergers to seize upon economics of scale. Customer Rates Although existing commercial customer rates for Aurora Hydro are lower than Newmarket Hydro, there are a number of pending regulatory issues that may significantly reduce or eliminate this difference. The following regulatory changes are anticipated to be implemented prior to any potential rate harmonization between Aurora Hydro and Newmarket Hydro, if the two utilities were to merge; • In preparation for the implementation of PBR 2, the OEB is requiring that all distributors conduct a cost allocation study that will identify which customers are driving utility costs. Customer rates will then be adjusted to more accurately reflect the true cost to serve a specific customer class. • Under the first generation PBR scheme, customer rates were adjusted upward to reflect a market based return on debt and equity assuming a minimum zero return starting point for equity. Those utilities that were in a net loss position, such as Aurora Hydro, were not allowed to recover this loss in their market based rate increase. Ratepayers benefited through slightly lower rates at the expense of shareholders who effectively were under earning on their equity investment. Prior to commencing PBR 2, the OEB will require all distribution utilities to undergo rebasing, whereby utilities will be required to submit operating cost and asset (rate base) information. Customer rates are then "rebased" to reflect the new costs associated with providing service. Although not guaranteed, the expectation is that utilities such as Aurora Hydro that were penalized under the first market based rate adjustment will be allowed to adjust their rates to earn a full equity return on their assets, Impending regulatory developments may result in some customer class rates increasing while other classes decrease. The end result should be that discrepancies in rates between utilities are minimized, which should mitigate the impact of harmonizing rates during a merger. It will be important to educate ratepayers on the regulatory changes that are driving rate changes, and that in the long term, efficiency gains from merging should provide for rates that are lower than they would otherwise be as separate utilities. Review of Amalgamation Assessment Report 29 1 COUNC I L ,../lJ i1 '2,�_ 2004 \ l C 0 i s u LT \Ih r; Board Meeting Follow-up on Amalgamation Assessment Many of these impending changes may indeed have a financial impact that exceeds the projected $800,000 in savings from merging Aurora Hydro and Newmarket Hydro. However, it is important to note that regardless of the impact of PBR 2, cost allocation or rebasing, the merged utilities would still be $800,000 ahead of where they would otherwise be if the utilities did not merge. Either shareholders have benefited from the increased return on their investment, or if the OEB has reduced rates under PBR 2 to reflect lower operating costs, then the ratepayers have benefited. Qualitative Benefits to Amalgamation Service and Reliability Issues Under the second -generation PBR plan, the OEB is expected to tighten customer service and reliability requirements and implement meaningful penalties. Any degradation in service or reliability is likely to result in reduced payments to shareholders because of the financial penalties incurred, thus providing a significant incentive to ensure that standards are met. In addition, smaller utilities may require proportionately more capital investment to ensure that service and reliability levels are maintained or improved to acceptable standards. Given their increased access to capital and operating flexibility, it should be easier for larger utilities to implement cost effective measures that improve service and reliability and still maintain expected returns for shareholders. Under the contemplated merger, management expects that existing service and reliability for Aurora Hydro should improve. Specifically, management expects that distribution system reliability would be enhanced as a result of increasing the availability of tie points between the total number of supply points for the two utilities. This would result in a decrease in the time required to restore power in the event of an outage or equipment failure, in turn reducing outage minutes to customers, It would also be of benefit in the event of a loss of a transformer at Hydro One's transformer station. Increased Debt Financing for Larger Utilities The larger merged utility will be allowed to use increased debt financing (and reduced equity) under Ontario Energy Board (OEB) guidelines once it reaches $100 million in assets (also called rate base). One of the factors that the OEB considers when adjusting customer rates is the utility's cost of financing its rate base. It should be noted that since debt is a cheaper source of financing than equity, customer rates for the merged utility should decline due to the lower overall cost to finance its rate base. Increased debt financing will also allow the shareholders to increase their promissory note by approximately $5 million (for the combined utility), and receive increased interest payments of approximately $350,000 annually under current allowed debt rates. Alternatively, external financing could be used and the $5 million could be dividended to shareholders. Comment on Shareholder Control The amount of control that the Town of Aurora has over a merged utility would be determined during negotiation over the shareholder agreement. Although Aurora Hydro would represent less than half of the total assets or net income of the combined utility, it is not uncommon for shareholder agreements to have special provisions on certain issues important to minority shareholders. It is also important to realize that entering into a merger does not preclude other future shareholder decisions, such as selling the asset. Shareholder agreements can allow for one owner to dispose of its interest through a predetermined process agreed to by both parties at the outset. Revievv of,9malgamanon Assessment Report 30 COUN(f 1�\ �Wt,2,2T 2004 BoardMeetin VV TT FA [ OII N 5 u i t�l�i'I IN(, g Follow-up on Amalgamation Assessment Notwithstanding these comments on control, it is also important to realize that shareholder control is not what it used to be. Historically, municipalities were able to influence the frequency and magnitude of customer rate changes, and the levels of service and reliability established by the utility. However, under PBR, a utility's rates, service and reliability are driven by regulations established and enforced by the Ontario Energy Board. The level of municipal or shareholder influence over these factors has been significantly reduced. Comment on Value Impact The value of a utility such as Aurora Hydro is driven by cash flow. Management estimates that a merger should produce operating savings of approximately $800,000. Using a discounted cash flow approach, Navigant Consulting estimates that the amalgamated utility should be worth 6% morel than the combined value of separate utilities. This is a conservative estimate that reflects the phase -in of savings through 2008 (as tabled in managements' report) and does not consider other potential cash flow savings such as reduced capital expenditures. Conclusion Navigant Consulting believes that a merger of Aurora Hydro and Newmarket Hydro will be beneficial to the communities, ratepayers and municipal shareholders of both utilities, and concurs with management's recommendation to proceed with the next steps in merger discussions. Since all of the increased value will flow to equity holders, the increase in value from an equity holder's perspective is 12%. This increased value is monetized if and when the shareholder(s) decide to sell their investment. Review ofAmalgamation Assessment Report 31 COUNCIL )UNE 22 2004 A aerorcr :. 11Yd o AURORAS Wfa CONNECTIONS Lmny) NEW MA T a0. Aurora Hydro Connections Ltd. Newmarket Hydro Ltd. Amalgamation Assessment Prepared by: The Joint Utility Executive Team: Aurora Hydro Connections Ltd. J. Sanderson, President & CEO T. Barrett, Chief Financial Officer I. Klajman, Director of Engineering & Operations Newmarket Hydro Ltd. P. Ferguson, President I. Clinton, Chief Financial Officer G. Young, Chief Operating Officer 32 COUNCIL DUNE 22 2004 Table of Contents Executive Summary Introduction Scope of Review Status Quo Option Newmarket Hydro Ltd, Aurora Hydro Connections Ltd. Merged Aurora — Newmarket Utility Incremental Savings from Current Operations Future Avoided operating Costs Incremental Additional Costs Projected Merger Results. One -Time Transition Costs Other Significant Benefits Target Organization Impact of Savings Executive Staff Recommendation The Way Forward Appendix A: Newmarket Hydro 5-Year Forecasts Appendix B: Aurora Hydro 5-Year Forecasts Appendix C: Assumption of Incremental Savings and Additional Costs Appendix D: Local Distribution Rates 2 3 3 4 5 6 6 6 7 7 7 8 9, 9 10 10 12 19 26 31 33 CKd9►Mam0N1q►1=SaQ WA01622! r Pursuant to a request from The Corporation of the Town of Aurora and the Town of Newmarket to investigate synergies and the financial benefits of merging Aurora Hydro Connections Ltd. (AHCL) with Newmarket Hydro Limited (NHL), an examination of a merged local distribution company was undertaken by the executive staff of both utilities. Navigant Consulting then subjected the results to a peer review, Both NHL and AHCL specialize in providing distribution of electricity to their respective local municipality. With 43 full time and 4 contract employees, and 25,000 customers, NHL is the thirtieth largest utility in the province and is 100% owned by the municipality. AHCL has 26 full time and 7 contract employees, 15,000 customers, and is the forty-third largest utility in the province. It is also 100% owned by its municipality. The method used to determine financial synergies involved a two -stage process. The first stage examined a "stand alone' or status quo scenario for each utility. The expected future revenue and expenditure streams, as well as investment in capital structure were evaluated. The second stage involved an analysis of workflows and expenditures to determine redundant or overlapping costs. Future areas of overlap were identified through a review of the five-year operating and capital budgets. They were then quantified and classified as avoided costs. It should be noted that these savings and avoided costs were calculated without any full time staff layoffs. The net annual operating savings are primarily the result of moving to one service center and are valued at approximately $606,500. Other benefits include avoiding duplication of significant capital expenditures and future increases in operating costs of approximately , $208,000 annually. Although not quantified financially, a merged utility would be able to integrate their distribution systems to provide higher reliability and lower costs through reduced system losses. NHL's system losses are 3.65% compared to AHCL's 5.06%. While there are valid reasons for this difference, a merged utility may be able to realize at least a 1% decrease in losses, directly lowering the customer's total bill by the same amount. It would also be able to realize savings through future staff attrition, particularly in the administrative functions. The executive staff of each utility recommends proceeding with a merger. A larger utility would be better able to focus and specialize its resources on present and future challenges. Its size and combined financial resources would give the larger organization a better opportunity to influence and to participate in the electrical distribution industry. 34 ..COUNCIL JUNE 22 2004 This report was commissioned at the request of the Corporations of the Town of Aurora and the Town of Newmarket. Both expressed an interest to examine the benefits of merging their local distribution companies to ensure that customer and shareholder interests will continue to be well served. In determining the synergies, the executive staff examined the future revenue and expense streams for the next five years of their own individual utility based on past deregulated operating results, and developed a projection of the future operating environment. From this process, an understanding of the areas of duplication and synergies were identified and financial values were allocated to them. This report discloses the financial position of the stand alone scenarios for each utility, provides commentary on the potential benefits of a merger, and identifies avoided costs. The current environment in which both Newmarket Hydro Ltd. (NHL) and Aurora Hydro Connections Ltd. (AHCL) operate is in a continual state of regulatory and legislative flux. This uncertainty can be better managed through a merger of the two utilities. An amalgamation allows for a reduction of expenses, a focusing and specialization of employees, and flexibility to meet an ever -changing business environment. Furthermore, a combined utility will result in higher dividend payments or, in the alternative, a greater ability to absorb consumer rate Increase impacts, or both. A decision to merge must be made and filed with the Ontario Energy Board (the "OEB") by March 2005 to avoid a 33% transfer tax being imposed on the transfer of assets. At the time of writing this report, the Provincial Government had made no decision on the extension of this transfer tax exemption. In carrying out the review, management has relied upon the following information: • The Electricity Act, 1998 • Bill 210 • Provincial Government Electricity Conservation plan 2002 Newmarket Hydro Ltd. Audited Financial statements • 2003 Newmarket Hydro Ltd. Audited Financial Statements • 2002 Aurora Hydro Connections Ltd. Audited Financial Statements. • Five year Capital and Operating budgets 2004-2008 from Newmarket Hydro Ltd. • Five year Capital and Operating budgets 2004-2008 from Aurora Hydro Connections Ltd. • Distribution Rates for Newmarket Hydro Ltd. and Aurora Hydro Connections Ltd. as approved by the OEB. • Newmarket Hydro Ltd.'s Interim Rate submission for recovery of Regulatory Assets • Aurora's Hydro Connections Ltd.'s Interim Rate submission for recovery of Regulatory Assets • Canadian Income Tax Act 36 COUNCIL JUNE 22 2004 Newmarket Hydro Ltd. NHL's five-year operating and capital forecasts are attached in Appendix A. The forecasts call for NHL to meet its targets of 7.25% interest payment on a shareholder promissory note and 5.6% return on equity. Currently, approved OEB rates allow for payment of 4.83% interest on the promissory note. The 6.6% return on equity is forecasted to rise to 9.88% in 2005. The incremental increase in 2005 will be dedicated to demand side management (DSM) in accordance with the Provincial Government's direction. Thereafter it will increase dividends to the Shareholder. NHL's five-year projections included the following significant assumptions: • Power consumption in Newmarket is expected to increase by 3% per annum. • There will be a decrease in overall consumption as the province Initiates DSM programs and continues to increase the price of electricity. Although this percentage is difficult to approximate, a conservative approach would indicate that overall demand should decrease. As a result, overall increase in revenues has been calculated at 50% of the expected 3% or 1.5%. • Bank interest revenue is projected to increase at a rate of 1% per annum compared to 3% in past years due to lower interest rates and the refunding of customer deposits in accordance with OEB Customer Deposit Policy. This policy will result in lower bank balances on which interest revenue Is earned. • Expenditures have been increased by the increase in Ontario Municipal Employees Retirement Plan ("OMERS") contributions, plus an inflationary amount of 3% in each of 2004 and 2005 and by 4% thereafter in accordance with Conference Board of Canada's projection, with the following exceptions: o Depreciation expense will receive an adjustment of $150,000 in 2005 due to an expected capital investment in DSM. o The following positions have been included in the forecast: In 2005: Health and Safety Officer • Regulatory Compliance Officer 4 One retirement— no replacement • Technician Clerk 4 Conversion of 3 contract positions to permanent staff 0 Purchasing/Risk Manager The total cost of these positions is $350,000. The technician and clerk positions will be funded from the retirement. This will be a complete offset. Also included is an additional amount required to fund a pay equity increase, expected when a planned review is completed in 2005. 0 36 COUNCIL JUNE 22 2004 Interest expense is expected to increase by only $10,000 per year as interest expense on deposits will increase by a nominal amount due to the new OEB Customer Deposit Policy. Deposits will be reduced by over $750,000, reducing the interest paid on them. The required interest paid to consumers on deposits will increase because of the same DEB decision. Overall, the account will increase by $10,000 per year. • Dividend Policy will follow the original filing of the Market Based Rate of Return in the original market opening rate submission to the OEB and increase to $2,400,000 in 2006. The projection does not consider a possible rebasing of the utility's assets, costs and rates by the OEB in the future. Aurora Hydro Connections Ltd. AHCL's five year operating and capital forecast are enclosed in Appendix B. Significant assumptions made in preparing AHCL's five-year projection are as follows: • Residential consumption is expected to increase by 2% per annum. • Commercial consumption is expected to Increase by 1 % per annum. • In 2006-2007 the final phase in of the market -based rate of return will be implemented. • Other revenues are expected to increase by 1.7% per annum: • Expenditures are forecasted to increase by 3% per annum. • The following positions are forecast: o In 2005: • Health and Safety Officer Meter Technician • Retail Settlement Clerk Conversion of 4 contract positions to permanent staff The total cost of these positions is approximately $190,000, o In 2008: • Customer service representative at a cost of approximately $48,000. AHCL has consistently made its interest payment on its promissory note and the forecasts reflect AHCL continuing to pay 7,25% interest on the promissory note. At currently approved OEB rates, they are only required to pay 4.83% interest. The incremental rate increase in 2005 will be dedicated to Demand Side Management (DSM) for one year in accordance with the Provincial Government's direction. Thereafter it will increase dividends to the Shareholder. It should be noted that currently AHCL is paying more than is required in regards to the promissory note interest. The projection does not consider a possible rebasing of the utility's assets, costs and rates by the OEB in the future. 37 COUNCIL JUNE 22 2004 The status quo options were analyzed to determine areas of duplication in revenues and expenditures. The results of this analysis are summarized under the categories of: Incremental savings from current operations Future avoided costs Incremental additional costs Projected merger results One-time transition costs; and Other significant benefits A detailed discussion of the savings and expenses identified is contained in Appendix C. Incremental Savings from Current Operations (i) Premise Location $250,000 (ii) Contract Staff savings $257,000 (ill) Meter Reading $120,000 (iv) Board costs $100,000 (v) Consultant fees $70,000 (vi). Legal Fees $30,000 (vii) Operational savings $20,000 (viii) Auditfee $10,000 (ix) Computersupport $7,500 (x) General Admin Contract Labour $7,000 $871,500 Future Avoided Operating Costs In addition to the savings in current operations, there are also avoided costs in the future. Both utilities are forecasting health and safety positions and the combined utility would only need one. Responding to the ever-increasing regulatory burden of the OEB and legislative changes, NHL is planning to add a regulatory compliance position and AHCL is forecasting an increase in regulatory consulting hours allowing for combined savings. The AHCL budgeted Retail Settlement Clerk and Customer Service Clerk will also not be needed, as a merged utility will have sufficient resources to provide customer support. This merger will also make the contract staff conversions to permanent staff unnecessary. These avoided operating costs will be $160,000 in 2005 and $48,000 in 2008 for a total of $208,000 annually. It should be noted that these avoided costs are not yet real savings as the positions are budgeted for, but costs are not currently being incurred. 38 i COUNCIL JUNE 22 2004 Incremental Additional Costs In a merger, there will be additional costs that will partially offset any savings realized These include: (i) Payroll Harmonization $103,000 (ii) Taxes $70,000 (III) Management Salaries $50,000 (iv) Increased Premise Costs $30,000 (v) Records Management $12,000 $265,000 Details.of these costs are given in Appendix C. Projected Merger Results The combination of current cost savings, future avoided costs and additional costs result in a.net operating benefit under a merger. YEAR 2005 2006 2007 Incremental current cast savings Incremental additional costs 11 Net annual benefit (before transitional costs) One time transitional costs 2005 avoided costs 2008 avoided costs Net annual benefit $ 871,500 $871,500 $ 871,500 ($265,000) ($265,000) ($265,000) $606,500 ($380,000) $160,000 0 $386,500 $606,500 0 $160,000 0 $766,500 $606,500 0 $160,000 0 $766,500 One -Time Transition Costs There are also one-time transition costs in a merger that need to be considered: • Converging the financial billing systems of each utility into one at an estimated cost of $100,000. • Increased facilities at 590 Steven Court, estimated to be $250,000, to accommodate AHCL staff and equipment. 7 2008 $ 871,500 ($265,000) $606,500 0 $160,000 $ 48,000 $814,500 39 <Ko1vPMEIMMEMPP1ME WAPAWAN 1 • Additional computer application licenses amounting to approximately $20,000. • Archiving AHCL records. This would have a one-time fee of $20,000. • Conversion period audits of approximately $70,000 as the merger may not occur at yearend. • Training costs for staff estimated at $20,000. • Operation transitional costs estimated at $50,000. To offset these costs there will be revenues realized by selling duplicate equipment that would be surplus in a merger. The trade in value of the surplus equipment is approximately $150,000. Other Significant Benefits: There are numerous benefits that cannot be easily quantified, but will be realized over time. These include: • A larger utility will be more competitive and hold shareholder value in the long run. As discussions continue both at.the provincialgovernmentand the OEB on the most efficient size of distributors, it is expected that mergers will be encouraged. through more punitive performance based. ratemaking. • A combined utility will. be better able to resist future rate increases, lessening their impact on customers. A Comparison of Rates is shown in Appendix D. • There is a positive cash flow effect realized from reducing duplicate items in inventory and capital equipment. As duplication is eliminated, the cash flow of the combined utility will increase. Correspondingly, future significant inventory and capital purchases may be reduced or eliminated. Significant capital items and costs that a combined utility could avoid are: - New Double Bucket Truck $300,000 -Additional Transformer Inventory $200,000 - New Phone System $100,000 $600,000 These capital items affect the cash flow of the utility and have only a marginal impact on the operating results through depreciation. • Improved distribution system reliability and flexibility in operation. • The combined utility would be approaching an asset base of $100,000,000. With an asset base of $100,000,000, the regulated debt equity spilt moves from 50/50 to 55/45. This allows the company to increase the amounts of the Shareholder promissory notes. M COUNCIL JUNE 22 2004 • A larger utility would be better able to leverage significant debt financing for future capital projects when necessary. • Additional synergies delivered from bulk purchase of material and services. • Coordination of line crews, equipment and long range planning for better efficiencies. • Possibility of one on call unit after hours. • Combining meter reading routes to achieve the most economic meter reading costs. Target Organization and Staffing Levels The executive staffs of AHCL and NHL have assumed that merger savings and benefits would not be at the expense of regular full time staff. Both utilities are currently operating with minimal staff. The merged customer per employee ratio is approximately 600:1. Based on 2003 industry benchmarks, this would place the merged utility in the top five in Ontario for this measure. A target executive level organization for a merged utility, as agreed to by both executive teams, is as follows: President Executive Assistant Chief Human Executive Financial Resources Vice , Officer I I Officer President - Director of Finance I Director of Operations - Director of Engineering AHCL executive staff would assume the positions of Executive Vice President, Director of Engineering and Director of Finance. NHL executive staff would fill the positions of President, Chief Financial Officer, Human ResOL!rces Officer', and Director of Operations. Impact of Savings The projected annual savings are estimated to be $814,500 without a reduction in regular staff. Greater savings will occur as time progresses and growth continues in both communities. ' AHCL does not currently have this position in the organization. 0 41 COUNCIL JUNE 22 2004 The savings can be used to increase dividend payments to the Shareholders, provide greater equity and working funds to the new corporation, limit consumer exposure to future rate increases, or a combination of all. The average residential consumers' local distribution charge for using a 1000 kWh per month is $25.01 or $300 per year in Newmarket and $25.75 per month or $309 per year in Aurora. If, in 2008, the new corporation retains 50 % of the $814,500 savings for infrastructure, then $407,250 would be available to either the Shareholder as an increase in dividend or to the consumer as a reduction in rates. If it is decided to provide residential rate relief, then the savings translate into an avoided rate increase of as much as $10 per customer per year, or about 3% of the local distribution charge. Our conclusion is to proceed. A larger utility would be better able to focus and specialize its resources on the challenges at hand. Its size and combined financial resources would give the larger organization a better opportunity to influence, and to participate in the electrical distribution industry. Executive staff forecasts a conservative potential benefit of $766,500 on an annual basis after the first full year of amalgamation rising to $814,500 in 2008. This merger and combined savings will help provide stability to customers, preservation of assets to the Shareholder, and will add strategic value and leadership within the electrical distribution industry. The result is a combination of two great and dedicated utilities serving a common geographical area and purpose. The combined savings could be partially internalized through additional capital monies invested in infrastructure with the remainder flowed back to the communities they serve. Truly, this is a win -win scenario. Should a merger of the two utilities be endorsed, then final arrangements must be made and filed with the Ontario Energy Board by March 28, 2005 to take advantage of the current transfer tax holiday on municipally owned distribution assets. Should the Towns of Aurora and Newmarket wish to proceed from this point, there are a number of actions required, including: • Establishment of a Shareholder Agreement detailing: o Shareholdings o Board of Directors o Appointment of Auditors and financial reporting o Shareholder approval thresholds o Director approval thresholds o Objectives and Guiding Principles for the company o Share transfer, issuance and pledging 10 42 COUNCIL JUNE 22 2004 • Establishment of an Amalgamation Agreement setting out: o Mechanics of amalgamation under the Ontario Business Corporations Act o Valuation of the companies and Shareholder consideration for value o Conditions precedent, such as: _ • Representations and warranties • Due diligence o Any required covenants • Special arrangements: o Shareholder guarantees respecting current dividend and promissory note interest payments o Allocation of initial savings and efficiencies o Disposition of any excess working funds o Potential one-time dividend payments in recognition of revenues realized through OEB retroactive rate adjustments 11 W COUNCIL JUNE 22 2004 Appendix A Newmarket Hydro Ltd. 5-Year Operating and Capital Forecast The following is a summary of a five-year capital and operating forecast for Newmarket Hydro Ltd. (NHL) as a standalone utility. The attached forecasts includes capital works projects such as underground rebuilds, transformer station 441<V line integration, regional work relocations, customer connections, subdivisions as well as • Staffing for Operations and Engineering • Capital Fleet costs • Capital SCADA costs • Other Capital Project costs • Other increases in Operating costs STAFFING FOR OPERATIONS & ENGINEERING Staffing for NHL would increase over the next five years in response to growing regulatory requirements. It is anticipated that four new positions would be created: a safety. officer (management: position), a meter technician (3-year contract), a technologist/technician, and a'technical clerk. The addition of Regulatory Affairs, and Purchasing Manager positions would also relieve some of the. responsibilities now covered under Operations .& Engineering.. Health & Safety Officer Some of the duties that a Health & Safety Officer would perform are currently done within the lines section. Not all areas are receiving adequate attention. The Health & Safety Officer would: • Ensure that appropriate practices, policies and procedures are developed and maintained in order for the company to fully comply with all safety related regulations • provide safety training • develop safety programs In accordance with appropriate departments • chair safety meetings • investigate and document incidents and accidents and recommend course of action • liaise with government agencies • internal safety audits This position should initially be included in the 2005 budget and included in all years thereafter. Allow for $60,000 (plus approximately 30% burden to give a total of $78k per year plus annual escalation) for the Safety Officer's position. Consideration could also be given for combining this with a Regulatory position Affairs depending on the individual's background qualifications. Regulatory Affairs The electricity industry is in a constant state of change. It takes considerable effort to stay current with all the initiatives of the OEB, the IMO, ESA, MOL, various Ministries, and legislation/regulations such as EA, OEB Act, TSSA, etc. This work is spread around the NHL but is primarily covered by four management individuals. 12 44 COUNCIL JUNE 22 2004 Currently, the responsibility for regulatory affairs is scattered throughout the utility. It would be beneficial to have a regulatory affairs individual responsible for: • keeping current with various legislation and regulations affecting NHL • summarizing and presenting the information to the relevant departments • coordinating and /or preparing the necessary regulatory filings • leading the strategy discussions to develop the utility's policies and strategies for the organization and coordinating implementation across departments when necessary • Represent NHL and ensure that NHL's position on issues to regulators, industry stakeholders are heard and understood • Internal compliance audits A position dedicated to regulatory affairs would allow an individual to focus on regulatory issues and free up other resources to do their core work, as well as assist others in channeling overlapping areas of concern. It may be difficult to justify a full-time position for NHL at this time but the regulatory environment for the electricity distribution sector is expected to increase especially anticipating PBR implementation in . 2006, hence plans to hire for this position within 5 years, (likely to be in 2006). Budget for a salary range of $60,000 — 80,000 plus burdens depending on background. Another consideration could be to cover safety as well as regulatory affairs if an individual with the right combination background is available, Control Room The new Work Protection Code requires an additional layer of rigor that currently translates into additional work procedures and documentation. Currently two technicians share these: duties in addition to engineering & planning work. NHL's technicians cover work that typically is done in a control room including: • generate switching orders; coordinate switching and orders to operate • coordinate all operating functions (hold -offs, protection, device operation) provide constant contact to a central source for all crews and provides for a contact who is qualified in the new work protection code. • provide for a dedicated person for operation of the distribution system as its complexity and size increases • assist in ensuring the safety of crews by knowing the whereabouts and work environments due to a larger number of working crews in the field. • coordinate with supply authority (Hydro One system control) as single point of contact • generate outage and trouble reports and provide Information for reliability statistics, system planning, and possibly in the future, wholesale settlement Implementation of new ESA regulations require more rigorous documentation and approvals for work issued and inspected, as well as certification that standards are met. Formal work processes must be developed for increased transparency and accountability in timelier manner, as various audits by several different regulators increase. This increases pressure on our already burdened technicians who currently cover a variety of responsibilities. It is recommended that another technician be added in 2005. Metering Given the new provincial government initiatives in the electricity distribution sector, particularly DSM and smart meters, it is conceivable that we may need to additional help in metering to charge out 13 45 COUNCIL JUNE 22 2004 meters by 2007, Currently Measurement Canada requires existing meters to be reverified every 12 years but the new "smart' meters must be reverified twice as often, likely every 6 years. Hence an additional meter technician position may be required from 2005 to 2008; however, since this likely is a transitional position it may be best to hire on a 3-year contract. The current Five Year Capital Budget Plan has already considered the addition of a metering technician in the Engineering and Operations area in 2005. Lines Staffing The Purchasing Agent is expected to retire by 2005, No other retirements within the 5 year horizon are anticipated. Due to increasing purchasing and tendering requirements, and the importance placed on material management, it is anticipated that a Purchasing and Risk Manager position be created and the Purchasing Agent position declared obsolete. 5 YEAR CAPITAL BUDGET PROJECTION The following table summarizes the capital budget for five years. Table 1: 5-year Capital budget Category Year 2 004 2005 2006 2007 2008 Land 25,000 $0 $D $0 $0 Leasehold Improvements 58,000 F;4 $43,000 $40,000 $40,000 $40,000 Stations 80,200 $505,200 $350,200 $350,200 $380,200 0/H Lines 1,352,200 $1,038,626 $1,316,126 $949,784 $2,718,784 U/G Lines 1,782,900 $1,725,016 $1,733,015 $1,306,003 $1,303,003 Distribution Transformers 665,500 $630,350 $598,850 $565,521 $515,521 Distrib0Equipment 877,000 $3,890,975 $3,887,975 $3,869,500 $297,500 Street 0 $0 $0 $0 $0 Office 22,000 $22,000 $22,000 $22,000 $22,000 Com 50,800 $40,800 $50,800 $50,800 $50,800 Com 59,000 $59,000 $59,000 $59,000 $59,000 Stores Equipment 0 $0 $0 $0 $0 Vehicles 9,D00 $350,000 $100,000 $377,000 $310,000 Tools 138,500 $113,500 $113,500 $113,500 $113,500 Sentinel Lights 0 $0 $0 $0 $0 S stem Su ervisa E ui mentL134 00,000 $105,000 $105,000 $35,000 $35,000 Total Capital Additions 6,060,100 $8,523,466 $8,376,466 $7,728,308 $5,845,308 Construction in Progress 0 $0 $0 $0 $0 ital Contributions ENet 1,624,470 1,202,480 989,356 735,904 664,314 Ex enditures 4,435,630 $7,320,986 $7,387,110 $6,992,404 $5,180,994 FIT a ..COUNCIL JUNE 22 2004 Details on large expenditures such as vehicles are outlined below. It was assumed that DSM programs to install "smart meters" at every residential customer at $500/installation, would need to be completed by 2007. Expansion of system to meet future needs including growth New TS and 44kV feeders have been identified and funds were allocated accordingly in the budget. These requirements were based on growth projections, which are shown in Table 2. TABLE 2: GROWTH FORECAST Year Newmarket Forecasted load MW Newmarket Town Population Forecast Newmarket Hydro Customer Growth Forecast 2002 135.5 71,122 23,840 2003 137.4 73,015 24,555 2004 142.3 73,015 25,292 2005 147.2 73,015 26,051 2006 152.4 79,000 26,832 2007 157.8 80,539 27,637 2008 163.3 82,108 2009 169.0 83,707 2010 175.0 85,338 2011 181.1 87,000 29,000 2012 187.5 2013 194.0 2014 200.9 2015 207.9 2016 210.4 91,000 30,333 2017 212.5 2018 214.6 2019 216.8 2020 218.9 2021 221.1 31,667 2022 223.3 2023 225.6 2024 227.8 2025 230.1 2026 232.4 98,000 32,667 2027 234.7 2028 1 237.0 Capital Fleet Costs The NHL lines department has forecasted the following vehicle replacement/refurbishment program over the next 5. years. 15 47 COUNCIL JUNE 22 2004 Additional to the costs listed, on average, annual maintenance cost is estimated to be $1,500 per vehicle with the boom trucks having the most costly maintenance/year. Table 3: NHL 5-year Vehicle Proiection UNIT# DETAIL 2004 2005 2006 2007 2008 20 2004 1/2 T $32, 000 $40,000 80 2000 GMC 44 $190,000 100 2004 1 T $50,000 110 2000 GMC mid size 4x4 $25,000 04 2004 GMC 4WD 3/4T 150 2000 GMC mid size 44 $25,000 280 1998 GMC 3/4 Ton $50,000 40 2004 AWD $32,000 130 2002 GMC Safari $25,000 160 2001 Safari $25,000 270 1997 Ford Cube Van $65,000 30 1995 model 4900 boom/lift 50 1992 model 4900 55' $300,000 70 1996 model 4900 45, $250,000 140 2003 Sin le Bucket 260 2004 Double 65' refurbish $140,000 310 1995 Sin le B $170,000 120 2002 Ford F450 2T $70,000 90 2003 Freightliner 220 1non Road Safet Trailer 230 1998 Pole Trailer Large 240 1990 Equipment Trailer 290 1994 Reel Trailer Pole Trailer Small 300 1994 u/9 puller electric forklift ro ane forklift water tank w/ um TOTALS I $304,000 $350,000j $75,000 $330,000 $290,000 CAPITAL SCADA COSTS The SCADA Is used in NHL Distribution Stations and is about (10) ten years old but functional and robust. It is anticipated that with time, it will become more difficult to support in terms of replacement parts and ready communications. Replacement should be considered within 6 years or if the reliability M M- COUNCIL DUNE 22 2004 of the system deteriorates due to lack of replacement parts, whichever comes first. Upgrades to allow communication with new Hydro One protocol is budgeted for 2004. MAINTENANCE & REPLACEMENT OF EXISTING ASSETS An underground cable replacement program has been commenced in 2004 to replace cable that is beyond 25 years old and that has experienced numerous faults in a particular area and vintage of cable. Each year, $300,000 has been budgeted for this program. On the overhead, there is a program to replace porcelain insulators on the 44kV distribution system with polymer insulators. This program commenced in 2003 when reliability was compromised with 3 incidents in the first quarter, Each year, $100,000 is set aside to complete this project. OTHER CAPITAL PROJECT COSTS GIS & Databases With technological advances, there are increasing expectations and requirements to have more timely and accurate information available to management, staff, regulators, and customers for more accountability as well as to make more informed and better decisions. Development of systems to capture information as well as reporting information requires regular funding as part of doing business in this millennium. Moreover, regulatory requirements necessitates more sophisticated systems be in place for reporting, and auditing purposes e.g. OEB SQI reporting, ESA Audits, OES inspection records. Maintenance of base maps requires $15,000 per annum. Development and maintenance of databases, mapping, operating and work -order systems is estimated to cost another $20,000/year in software licenses and hardware. Major system P&C studies are in the order of $20,000 which should be done every 5 years. Manage System Performance from Customer Perspective NHL recently implemented an IVRS along with a new telephone system to Improve customer service. The first stage concentrated an improving customer service in the Billing area. NHL Operations intends to develop outbound calling for improved customer outage (planned and emergency) notification, as well as to assist in the management of cable locate requests and street -lighting outage reports. Power Transformer Currently there are 13 distribution transformers in service at 10 Distribution Transformer Stations, with another planned for Bogart Town area in 2004/5 at a cost of $625,000. NHL has a spare 44/13.8 kV 10MVA power transformer worth approximately $200,000 for emergency and reliability purposes. Computers In addition to the upgrades already covered in the forecasted 5 year capital plan, there will be an additional requirement to provide the newly hired staff with computers, at a budget price of $3,000 each. OPERATING COSTS After Hours Control Room (�D RHHI Currently, NHL pays for phone lines for after hours lines to Richmond Hill's Control Room. Additionally, NHL pays RHHI $1,000/month for after hour's call -answering and dispatch (control room) service, 17 M COUNCIL JUNE 22 2004 RHHI has indicated that next year's fee would be substantially increased. Assume that the fee will double to $2,000 per annum and increasing annually thereafter. Locates As TSSA increase inspectors, and new ESA rules expand requirements for LDCs, cable locate related work will increase. Because this work tends to be seasonal, it is expected that overflow work will be done by contract. Settlement Wholesale and Retail With DSM initiatives such as residential smart meter installations, settlement data management is expected to increase ten -fold or more. Some of the additional work to develop implement and document systems could be covered by a new meter technician. Trainino The new Health & Safety officer will requires JHSC certification, or other current related training. The metering tech may also need some training. Allow for some additional funding ($3,000) for the first two years. Table 4:OPERATING 2005 2006 2007 2008720909 Fr $150,000 $154,500 $159,135 $163,909 oryer $100,000 $103,000 $106090 $109,273 mne , OP — After Hours Control Room $1,000 $1,500 $2,000 $2,500 $3,000 Purchasing manager $30,000 $30,900 $31,827 $32,782 $33,765 additional costs Locates (overflow) $5,000 $5,000 $5,000 $5,000 $5,000 TOTAL OPERATIONS $286,000 $294,900 $304,052 $313,464 $323,142 is 50 COUNCIL DUNE 22 2004 Appendix B Aurora Hydro Connections Ltd. 5-Year Operating and Capital Forecast The following is a summary of a five-year capital and operating forecast for Aurora Hydro as a stand alone LDC if the proposed merger was not to materialize. The attached forecasts do not include capital works projects (underground rebuilds, transformer station 44kV line integration, regional work relocations, customer connections, subdivisions etc.), but does include: • Staffing for Operations and Engineering • Capital Fleet costs • Capital SCADA costs • Other Capital Project costs • Other increases in Operating costs A) STAFFING. FOR OPERATIONS & ENGINEERING Currently, Aurora Hydro is a small utility that performs many tasks either with multiple existing staff or on a limited (absolute minimum) basis with one individual. Until a point in time when the utility, has reached a size that warrants a full position, this approach works well. If the merger does not move forward, the areas listed below should be seriously considered. Health & Safety Officer Some of the duties that a Health & Safety Officer would perform are currently done within the lines section, with support from Engineering. Not all areas are receiving adequate attention. The Health & Safety Officer would: • Ensure full compliance with all safety related regulations • develop and maintain appropriate practices, policies and procedures • provide safety training • develop safety programs • chair safety meetings • investigate and document incidents and accidents • liaise with government agencies This position should initially be included in the 2005 budget and included in all years thereafter. Allow for $60,000 (plus approximately 30% burden - $78k per year plus annual escalation) to acquire a new person from outside the organization, or to replace someone who is already here, and who will move into the Safety Officers position. Regulatory Affairs The electricity industry is in a constant state of change. It takes considerable effort to stay current with all the initiatives of the OEB, the IMO and ESA. m 51 LOOM M■ENER901�e;REEK XOZZI Currently, the responsibility for these items are associated with the departments largely responsible for the requirement. It would be beneficial to have a regulatory affairs individual responsible for: • maintaining current information • summarizing and presenting the information to the relevant departments • preparing the necessary regulatory filings • . leading the strategy discussions to develop the utility's policies and strategies for the organization • Presenting the utility's positions to the EDA, other utilities and to the regulators. This individual would free up other resources to do their core work and would assist in channeling overlapping areas of concern. It is unlikely that Aurora Hydro warrants a full time position based on size. What is recommended is an increase in the regulatory budget to $20,000 per year (an increase of $10,000 from the 2004 budget) to assist with the functions listed above. Control Room The new Work Protection Code appears to require an additional layer of rigor that currently translates into additional work for the supervisors who are involved in work planning. Typically, once a utility reaches a size where there are a reasonable number of feeders (at as many voltages that exist) it is recommended that a control room be established. This has transpired for other utilities when their peak load has exceeded 100MW. The control room would: • coordinate all operating functions (hold -offs, protection, device operation) • provide consistency for interpretations of practices, policies and procedures • provide constant contact to a central source for all crews and provides for a contact who is qualified in the new work protection code. • Provide for one person to be in charge of the distribution system as its complexity and size increases • assist in ensuring the safety of crews by knowing the whereabouts and work environments due to a larger number of working crews in the field. • Coordinate switching and orders to operate • Coordinate with Hydro One system control s a single point of contact The current load forecast indicates that Aurora Hydro should not approach 10OMW until roughly 2012, and based on this criteria, no action in this area is anticipated within the next 5 years. It would, however, be advisable that the requirement for a control room be reviewed annually based on the implementation of the work protection code or other regulatory influences. Metering The current Five Year Plan has already considered the addition of a metering technician in the Engineering and Operations area in 2005. Lines Staffing Based on OMER's information, there would not be anyone that reaches the 90 factor required to retire within the next five years. However, there would be 2 retirements at the five-year point based on personnel reaching 65 years of age. These would be one lineman and one storekeeper in 2009, 20 52 COUNCIL JUNE 22 2004 Given the aging work force, it is currently recommended that: • the lineman be replaced with a second year line apprentice • the storekeeper be replaced with a person with appropriate qualifications There are no additional costs associated with these events Consideration should be given to replacing one contract lineman with a permanent staff member in order to bring the complement up to two full crews. This could transpire as early as 2005. There is no net change in operating costs when the wages paid, benefit costs and unpaid times are factored in. B) ADMIN STAFF ADDITIONS Accounting Manager The position of Accounting Manager does not currently exist, but this position will replace the Cost Accountant that exists. The role of the Accounting Manager is to: • manage the day-to-day workings of the department • overall responsibilities of reconciliation of the general ledger • ensure compliance with corporate financial policies • interface with the Auditors This should transpire in 2005. Clerk The current Five Year Plan has already considered the addition of a Clerk in the Billing Department. This function is currently being performed by a temporary person. This position should become permanent in 2005. Executive Assistant This position is currently filled under contract. This position should become permanent in 2005. New Position: Retail Settlement Clerk The current,Five Year Plan has already considered the addition of a CSR in the Billing Department. This position is a result of customer growth, and should be hired in 2005. New Position: Customer Service Representative The current Five Year Plan has already considered the addition of a CSR in the Billing Department. This position is a result of customer growth, and should be hired in 2008. C) CAPITAL FLEET COSTS The lines department has identified various vehicles that need replacement. It is assumed that the new Health & Safety Officer and the new metering technician would each require a new vehicle. For forecasting purposes, costs could be accounted for as per Table 1. These costs could be made lower if rehabilitation were to be used instead of replacement. This would need to be reviewed in the year prior to the expenditure being required. 21 53 COUNCIL JUNE 22 2004 Table 1: Fleet VEHICLE 2005 2006 2007 2008 2009 109 —1994 GMC $26,000 110 —1996 Ford $27,000 111 —1998 Chev $28,000 112-1999 Ford $30,000 303 —1992 Van $70,000 402 —1993 Altec $230,000 503-1991 RBD $230.000 New vehicles (2) — $60,000 H&S Off, Met Tech TOTALS $315,000 $97,000 $230,000 $28,000 $30,000 D) CAPITAL SCADA COSTS Since the budget was created in the Fall of 2003, a more comprehensive status of the SCADA system has been determined. In summary, the field points have not been commissioned to ensure that Feld data is accurately reported on screen at the master station. Without a reasonable investigation of the costs with our supplier, this Is a difficult project to estimate, but for the purposes of this report, it is estimated that: the commissioning costs might be in the range of $20,000. This work could be done in 2005. Further expansion to the system functionality (trending, reporting, additional points) should be implemented yearly, at an estimated cost of $5,000 per year and escalating slightly year after year. E) OTHER CAPITAL PROJECT COSTS cost to implement being investigated This work should be done in 2005 Allow for 100 hours at $30/hr = $3,000 to make the electronic drawing changes, and allow for an additional $5,000 for to place the maps on swing panels. Nomenclature It is recommended that In conjunction with the operating maps, the service territory be assigned new grid numbers (by concession blocks), and devices be assigned new names that correspond to the new grid system. This will likely extend to poles also. This work should also be done in 2005. The names will need to be changed on the operating maps and in the field. Allow for 500 hours at $30/hr = $15.000 for field checks and to install new nomenclature. Power Transformer Currently there are 9 transformers in service, with a tenth slated for 2006. Aurora Hydro should consider the purchase of a spare 44/13.8 kV 10MVA power transformer if the merger were not to proceed. Approximate value of $200,000, to be purchased in 2006. Computers In addition to the upgrades already covered in the forecasted 5 year capital plan, there will be an additional requirement to provide the newly hired staff with computers, at a budget price of $3,000 each. 22 54 COUNCIL JUNE 22 2004 We should replace the plotter that is in the Engineering department with a newer model, at a budget price of $10,000. All expenditures should be in 2005. Stores The stores area requires additional shelving and organizing. This was noticeable during the annual inventory count, and by the need to relocate material from the storage room. Allow for $5,000 to complete the work in 2005. Phones A new phone system that allows: • the reporting requirements of the OEB be net; and • improved customer information will need to be installed in 2005, at an estimated cost of $100,000. Metering The government has mediated that "smart' meters be installed on all customers prior to 2008. These funds are allocated to metering in the capital plan. F) OTHER INCREASES ON OPERATING COSTS After Hours Control Room (a) RHHI Currently, AHCL pays for phone lines -to Bell for after hours lines at Richmond Hill's Control:Room. Additionally, we each pay fees for after hours control room service to RHHI. RHHI has indicated that next year's fee would be substantially increased. Assume that the fee will double to $2,000 per, resulting in an increase of $1,000, and Increasing annually after that. Traininc The new Health & Safety officer will requires JHSC certification, or other current related training. The metering tech may also need some training. Allow for some additional funding ($3,000) for the first two years. Table 2 summaries the revised 5-year capital (CAP) and operating (OP) forecasts. M 55 'COUNCIL JUNE 22 2004 TABLE 2: REVISED FORECASTED COSTS 2A: CAPITAL Item 2005 2006 2007 2008 2009 CAP - Fleet $316,000 $97,000 $230,000 $28,000 $30,000 CAP - SCADA $20,000 $5,000 $6,000 $7,000 $8,000 CAP -.OPMaps $8,000 CAP- Nomenclature $15,000 $3,000 $3,000 $3,000 $3,000 CAP - Power Transformer $200,000 CAP -Computers $13,000 CAP - Phones $100,000 CAP - Stores $5,000 TOTAL CAP $477,000 $305,000 $239,000 $38,000 $41,000 26: OPERATING 2005 2006 2007 2008 2009 F $78,000 $80,000 $82,000 $85,000 $88,000 $10,000 $10,000 $10,000 $10,000 $10,000 Control Room $1,000 $1,500 $2,000 $2,500 $3,000 OP - Training $3,000 $3,000 $1,000 $1,000 $1,000 TOTAL OPERATIONS $92,000 $94,500 $97,000 $98,500 $102,000 F,u 56 COUNCIL JUNE 22 2004 2C: ADMIN 2005 2006 2007 2008 2009 rt: nting er $62,000 $63,000 $54,000 $55,000 $56,000 ive Assistant EE(new) Settlement $60,000 $61,000 $63,000 $64,000 $66,000 newer Serviceentative $48,000 $49,000 ADMIN $112,000 $114,000 $117,000 $167,000 $171,000 0 57 K�D1RN�t�1�J\I�tl'�i�P=! Appendix C Assumption of Incremental Savings and Additional Costs (i) Premise Location Initially, the new utility will operate out of NHL's current location at 590 Steven Court in the Town of Newmarket. This is based upon discussions with the Chief Administrative Officers of each Town. For 2003, AHCL incurred a total of approximately $320,000, including $96,000 in rent for Premise cost in its trial balance. For 2004, AHCL's budget indicates that the cost will be $300,000. Major components of this are Rent $98,000 Building & Grounds Maintenance 83,000 Municipal Taxes 50,000 Electricity 29,000 Janitorial Contract 15,000 Gas 13,000 Insurance 12,000 TOTAL $300,000 The savings assumed to be available in the merger are $250,000 annually. Contract Staff Savings The staff savings are based on the following assumptions: • There will not be any permanent staff members from either utility laid off due to the merger. Based on the age demographic of staff, only one NHL employee is eligible for retirement in the immediate future. • When current staff leaves the new combined utility, a business case must be made in order to fill that position. Currently AHCL has seven temporary or contract workers, and NHL has four. These contract employees are located throughout accounting, customer service and outside operations. Under a merger, these positions will not be required, resulting in a savings in salary and burdens of $257,000. 26 N COUNCIL JUNE 22 2004 Meter Reading This amount is based upon applying NHL approved meter reading and billing rates to AHCL current rates, then extrapolating the differential over AHCL customer base. Because of the confidential nature of NHL approved charges with its contract meter reading company (which is the same company contracted by AHCL), an exact breakdown cannot be given. However, the potential savings are $120,000 annually. If AHCL also performed the billing and collecting of water accounts similar to NHL, this amount would be increased to $150,000 annually. (iv) Board Costs The need for two Boards of Directors would be eliminated under a merger. Currently, both utilities have a 7 member board with average annual costs of $100,000. Assuming a 7 member board for governance of the merged utility, an annual savings of $100,000 would be realized. Should a larger board be established, the annual savings would decrease incrementally by $17,000 per additional director. (v) Consultant Fees. For 2004 AHCL has budgeted $70,000, NHL has similar amounts budgeted. Therefore; there is an incrementalsavings of $70,000 based on the 2004 budget. (vi) Legal Fees The budgeted expenditures. of $30,000 on legal opinions are similar for both utilities. Therefore, it is conservative to assume that there is full redundancy in these expenses. (vii) Operational Savings Within a combined organization, the fleet would be reduced by nine vehicles. Staff have calculated the operational savings to be approximately $2,500 a year per vehicle. Therefore, the savings are conservatively estimated at $20,000 annually. (viii) Audit Fees (Including Parent and Related Companies) Newmarket Hydra Ltd. $35,000 Aurora Hydro Connections Ltd. $35,000 Total $70,000 As per a discussion with Deloitte and Touche, a 45,000 customer utility audit would cost about $50,000, provided the client prepared the tax returns. 27 59 COUNCIL DUNE 22 2004 For 2005, the first year of savings, a discount factor of $10,000 is included to cover any extra audit work for the combination of opening balance sheets. Additional savings may be achieved if another audit firm is chosen through a competitive RFP process. Audit fees $50,000 Savings $20,000 For incremental savings, $10,000 on a regular basis has been projected due to expected increases in reporting and audit compliance measures. (ix) Computer Support, Software and Hardware AHCL incurred an expense of $15,000 in 2003 and has budgeted for $20,000 in 2004. The majority of costs were for support for e-mail, general service, repair and cost for the local area network. NHL has its own IT Technician and by integrating AHCL Into the NHL network, these external expenses would reduce by 50% from the 2003 actual expense. It is conservative to assume an incremental savings of $7,500, (x) General Administration Contract Labour Actual AHCL costs were approximately $20,000. For 2004, the budgeted amount is $7,000. Actual NHL costs were $1o,000. Duplication in customer newsletter production and staff recruitment costs of $7,000 annually has been identified. (i) Payroll Harmonization It is assumed that wage rates will harmonize to the highest rate paid by either utility within the flrst year of amalgamation. The impacts of this are: Inside Workers: The differential in wages is approximately two dollars an hour for a Customer Service Clerk/Billing Clerk (CSC/BC) position. Nine AHCL CSC/BCs will be transferred to the merged utility. P-E M COUNCIL JUNE 222004 Incremental cast calculated as: Nine employees transferred X $2 per employee X 1,820 hours $32,760 Burden attached to the incremental costs which include Workers Compensation (WSIB), Pension (OMERS), and Employer Health Tax (EHT) and benefits: Assume 20% burden allocation calculated as: 20% of $32,760 $ 6,552 Outside workers: Linepersons: The differential in wages for a Lineperson is approximately 75 cents an hour. Nine AHCL outside employees will be transferred to the merged utility. Incremental cost calculated as: Nine employees transferred X $0.75 per employee X 2,080 hours $14,040 Burden attached to the incremental costs which include WSIB, OMERS, EHT and benefits: Assume 20% burden allocation calculated as 20% of $14,040 $ 2,808 Technician: The differential in wages for a technician is $6.53 an hour. One AHCL employee will be transferred -to the merged utility. Incremental cost calculated as: One employee transferred X $6.53 per employee X 2,080 hours $13,583 Burden attached to the incremental costs which include WSIB OMERS, EHT and benefits: Assume 20% burden allocation calculated as 20% of$13,583 $ 2,716 As the customer service supervisors are now required to manage and evaluate more personnel, they will receive a raise in their compensation. A comparison to rates of pay of other utilities' customer service departments would indicate that the three supervisor positions affected should increase by no more than $30,541. $ 30,541 Total $103,060 (ii) Taxes In calculating the Payments in Lieu of taxes the same formula is used for calculating federal and provincial corporate income taxes. In regards to Federal Large Corporation 29 61 tax and Provincial Paid -up Capital tax, there are certain thresholds that are exempt before the application of tax applies. Both NHL and AHCL are currently within these thresholds. Once combined, these tax free thresholds will disappear and large corporate tax as well as provincial capital tax will be charged. The incremental cost will be $70,000. (111) Management Salaries In a combined utility of over 40,000 customers, the senior and middle management compensation packages will eventually rise to compare to utilities of this size. Based upon a comparison of similar sized utilities, senior management's compensation for executive personnel may be expected to rise by at least' $50,000. Due to the confidential nature of salary grids, a direct allocation and salary will not be indicated in this report_ (iv) Increased Premise Costs The relocation of AHCL staff to 590 Steven Court will result in greater operational cost. There will be increases in heating and air conditioning, janitorial, maintenance, insurance and property tax with the addition. Estimated cost increases are based on current budgets are $30,000. (v) Records Management NHL has found document imaging processes as an efficient tool for Customer Service, Representatives, Billing- and Collecting Staff to retrieve and review information. This Process also removes a significant amount of space that is occupied with storage.. As both utilities will be operating out of one location, space usage will need to be managed as efficiently as possible. The incremental cost for AHCL document storage will be approximately $12,000 per annum. 30 62 COUNCIL JUNE 22 2004 Appendix D Local Distribution Bates Newmarket Aurora Residential Rates Monthly Charge $14.51 $13.25 Distributlon Volumetric Rate $ 0.0105 $ 0.0125 Total distribution charges based on 1,000 KWH per month. $25.01 $25.75 General Service less than 50 KW Rates Monthly Charge . $21.98 $32.21 Distribution Volumetric Rate $ 0.0158 $ 0.0095 Total distribution charges based. on 8,000 KWH per month. $148.38 $108.21 General Service greater than 50 KW rates Monthly Charge $400.63 $204.28 Distribution Volumetric Rate $ 3.1392 $. 2.2816 Total distribution charges based on 25,000 KW per month. $8,248.63 $5,908.28 31 63 COUNC I LI vJ \I EMI �2\ "L L %5 U I.T I.Nc Review of Aurora Hydro - Newmarket Hydro Merger Report Executive Summary Navigant Consulting was retained by Aurora Hydro and Newmarket Hydro to provide a third party review of the Amalgamation Assessment Report ("the Report") prepared by a team comprised of management from the two utilities. We did not independently verify the figures presented, but did review them for reasonableness based on similar transactions, our understanding of utility operations and the Ontario electricity regulatory regime. In Navigant Consulting's opinion, the executive management teams have conducted a comprehensive review of the benefits of merging Aurora Hydro and Newmarket Hydro. The Report outlines a conservative approach to estimating these savings and this fact should substantially reduce the risk of realizing the expected benefits of merging the two utilities. However, during our review there were a few observations worth noting, the most relevant of which are noted below: • Navigant Consulting expects that the projected merger savings may not be fully realized during the first 12 months after merging operations. This is not to say that the savings have been overstated, rather that the period required to exit contracts and restructure operations may extend beyond the first year after transaction close. • Navigant Consulting believes that the estimate for total one-time transition costs should be increased by approximately $50,000 to $100,000 to reflect the potential for increased costs for system integration and legal fees. While an extremely smooth negotiation and integration process may obviate the need for this increased budget, it may be prudent to budget for a more protracted process. The budget may also include an amount for public education of the transaction. • As noted in the Report, the larger merged utility will be allowed to use increased debt financing (and reduced equity) under Ontario Energy Board (OEB) guidelines once it reaches $100 million in assets (also called rate base). One of the factors that the OEB considers when adjusting customer rates is the utility's cost of financing its rate base. It should be noted that since debt is a cheaper source of financing than equity, customer rates for the merged utility should decline due to the lower overall cost to finance its rate base. Notwithstanding these observations, Navigant Consulting believes that a merger of Aurora Hydro and Newmarket Hydro will be beneficial to the communities, ratepayers and municipal shareholders of both utilities. In our opinion, the estimates of net annual operating savings of approximately $766,500 increasing to $814,500 by 2008 are realistic and achievable, and are sufficient to warrant proceeding to the next steps in merger discussions. M COUNCILJUN il� ir'�004 Introduction Navigant Consulting has been retained by Aurora Hydro and Newmarket Hydro to provide a third party review of the Amalgamation Assessment Report ("the Report") prepared by a team comprised of management from the two utilities. The review is based on the information and data contained in the report and accompanying appendices, and our experience in working with other utilities contemplating mergers or acquisitions. Navigant Consulting has not independently verified the figures presented, however we have reviewed them for reasonableness based on similar transactions, our understanding of utility operations and the Ontario electricity regulatory regime. Status Quo Option Navigant Consulting has reviewed the assumptions for both Newmarket Hydro and Aurora Hydro as stand-alone utilities. For the most part, these assumptions seem reasonable given current staffing levels, customer growth rates, and the current regulatory environment in which the utilities are operating. Common to both utilities is the assumption that a Health and Safety Officer would be a required addition to staff. In addition to complying with the Ontario Occupational Health and Safety Act and the Electrical Safety Authority, electricity distributors in the province are required to abide by the health and safety provisions in the Distribution System Code. The Code requires that in addition to having health and safety policies and procedures in place, a distributor is required to implement an industry recognized health and safety program that includes training and regularly conducted audits. Included within this program will be public education and safety initiatives. Given the visibility and importance of this function, it is not unreasonable to assume that the stand-alone utilities would each require a full-time Health and Safety Officer. Conceivably, the only question that might be raised regarding staff additions is one of timing. Aurora Hydro's hiring of three new staff and conversion of the three contract positions to full-time may occur over a longer period rather than in 2005 only. Navigant Consulting does not dispute that these positions are necessary, rather that any future avoided cost benefit may occur over a slightly longer period than forecast. However, it is important to note that in the estimate of Future Avoided Costs, the report takes a conservative approach and assumes an annual benefit of only $208,000 (by 2008) versus the forecast staff cost increases of $350,000 for Newmarket Hydro and $238,000 for Aurora Hydro. 65 COUNC I L N IJN/ I2�'_i YJbh C O, S I: I r I V (I Mer,qed Aurora — Newmarket Utility Management teams from both utilities have proposed that any merger between Aurora Hydro and Newmarket Hydro be premised on the assumption that no job losses will occur for full-time employees. While staff reductions are common in mergers and are often the source for near term efficiency gains, there are a number of valid reasons to avoid this in the case of Aurora Hydro and Newmarket Hydro. Firstly, management teams from both utilities have had the foresight to use contract staff in certain functions, consequently providing management with the flexibility to adjust overall staffing levels at minimal cost. Secondly, management's claim that the merged utility would already have a relatively high customer to employee ratio when compared to its peers is correct. Navigant Consulting has compared the Customer to Employee ratio, for similar sized utilities in Ontario that have publicly disclosed their staffing levels on their website. While our estimated ratio for a merged Aurora Hydro and Newmarket Hydro is slightly lower than in the management report, the combined utility still would have lower staffing levels than the six other utilities listed, assuming all full time employees are retained. Table 1 - Customer to Employee Ratios Aurora — Newmarket (estimated) Customers 40,000 Employees (1) Ratio Barrie Hydro 62,000 69 (2) 112 580 : 1 554 1 Burlington Hydro 52,000 95 547 : 1 Cambridge & North Dumfries 45,000 84 535 : 1 Greater Sudbury Utilities 43,000 90 478 : 1 Whitby Hydro 30,000 65 462 : 1 Bluewater (Samia) Power 34,000 75 455 : 1 (1) Based on information disclosed on utility's website (2) Assumes no contract staff retained Finally, any foregone expense reduction from retaining all full-time employees is counterbalanced by a number of advantages to this approach, including: • Typically, staff acceptance of the merger is much greater than it would otherwise be in a scenario where staff reductions are anticipated. Obtaining "buy -in" from all levels of staff should make it easier to implement and achieve operating efficiencies. • Less time should be required to negotiate a transition with the unions involved. Customer to employee ratios can change based on the amount of outsourcing used by individual utilities. Since outsourcing information was not available, direct comparisons between utilities should be avoided in favor of relative comparison to the sample. 0 �b� ICOUNCIL UN 2�I'� () N G I1 i (I N L ! One of the major negotiating points between shareholders in any merger is often centered on whose employees are made redundant. This issue is avoided under the proposed merger. • Attrition through retirement occurs more naturally. Utilities with targeted staff reductions will often experience employees that qualify for retirement but remain on the job in anticipation of a buyout or some other incentive to enter retirement. • Senior staff may be able to dedicate more time to integration, a key component of any merger which is discussed in more detail later in this document. Based on the above reasons, Navigant Consulting believes that the decision to retain all full-time staff is prudent. Incremental Savings and Avoided Costs Navigant Consulting believes that the identified savings are realistic and conservative in nature. However, it is important to recognize that the projected savings from merging the two utilities may not be fully realized in the first full year after merging operations. In most mergers, the first year transition costs fully offset any financial benefit from combining operations. In addition, the forecast incremental savings and avoided costs identified in the report may not occur within the first year after merging. For example, contract or lease terms may extend into subsequent periods after any proposed transaction date, thus requiring that the merged utility continue to honour the terms of the contract or provide a buyout to terminate the contract. It will be important to consider this fact if any contracts come up for renewal in the period prior to finalizing any transaction. Based on these considerations, the table below illustrates the possible timing of savings, avoided costs, incremental costs and transitional costs. The intent of this table is to make the reader aware that the full benefit from merging is unlikely to be realized in the first year after transaction close. Table 2 - Illustrative timing of savings (displayed in real S) 2004 2005 2006 2007 2008 Savings - 400,000 800,000 871,500 871,500 Avoided Cost 80,000 160,000 160,000 208,000 Incremental Costs (200.0OO) (265.000) (265,000) (265.000) Transition Cost (50,000) (-l50,000) (30,000) - Surplus Assets 100,000 50,000 Net Pre-tax Benefit (50,000) (70,000) 715,000 766 500 814,500 Despite this normal delay in realizing the full benefit from merging, using on the numbers provided in the Report, the total net pre-tax benefit through 2008 should exceed $2 million. 87 i COV NCIL UN 2 U \i li 1. l'IN11 Transition Costs The one time transition costs identified in the report cover most of the major expenses incurred for a merger transaction. However, based strictly on experience in other transactions, Navigant Consulting believes that costs to integrate and/or convert billing and other systems may be slightly higher than the amount indicated in the report. It is recognized that Newmarket Hydro has a somewhat unique situation with its outsourced billing system that may reduce these costs, but when other operations are considered (customer information, control room, etc) the software licensing, conversion and data entry costs may be higher than currently budgeted. In addition, the transition cost estimate should include an amount for legal and other advisory fees that each party will spend in order to conclude the transaction. The amount spent on these services can vary greatly and will be driven primarily by the time spent on finalizing the shareholder's agreement for the merged utility. At a minimum, each municipal shareholder will require independent legal advice on the proposed deal structure and possibly an independent valuation of each utility. In total, Navigant Consulting believes that the estimate for total transition costs should be increased by approximately $50,000 to $100,000. Finally, at management's discretion, it may be worthwhile to include an amount for public relations to keep the public apprised of developments. Other Benefits The Report correctly identifies many of the qualitative benefits to merging the two utilities. These benefits include the opportunity to improve service response time and system reliability through increased flexibility in operations. While the expected beneficial impact on cash flow through reduced capital outlay is mentioned, it is correct to state that this will have only a marginal impact on overall profitability. However, it is important to realize that this improved cash flow should allow for a more reliable dividend stream to shareholders. The report is somewhat silent on the impact on customer rates in the two communities. Previous utility amalgamations were subject to rate harmonization, a process whereby rates for each customer class in one utility were brought in -line with rates from the other utility. This would result in the higher rate utility lowering its rates slightly and the lower rate utility increasing rates slightly until they matched. However, as a prelude to the next generation of performance based regulation, the Ontario Energy Board is expected to require that all distributors conduct a cost allocation study. These studies will ensure that customer rates more accurately reflect the true cost to serve a specific customer class. Therefore, it is difficult to predict 68 COUNCIL J"UNFY,� 111L1004 what the impact on customer rates will be for each customer class, other than to say that: 1. any cost allocation discrepancies between customer classes (e.g. residential versus commercial) will be minimized, which should provide some level of harmonization between all utilities; and 2. efficiency gains from merging should provide for rates that are lower than they would otherwise be as separate utilities. As an example of the potential for lower rates, the Report mentions that as a larger utility, the Ontario Energy Board will allow increased debt financing. While this does allow the shareholder promissory note to increase, it is also important to note that the increased leverage allows overall financing costs to decline, since debt is a cheaper source of financing than equity. One of the factors that the OEB considers when adjusting customer rates is the utility's cost of financing its rate base. This increased leverage should allow overall customer rates to decline slightly to reflect this cheaper source of financing. Navigant Consulting estimates that this benefit would be approximately $370,000 annually'z or roughly $10 per customer. This would take effect once the utility reaches $100 million in assets (or rate base) and the OEB adjusts the merged utility's deemed capital structure and customer rates accordingly. The Way Forward Navigant Consulting believes that this section should also include, as an action item, the need to assign members to an integration team that will be responsible for developing and executing a transition plan. This group would be comprised of management and supervisory level staff who are responsible for managing the integration of the two utilities. It is likely that at least one person will be required to dedicate close to 100% of their available time over a period of months to manage this process. There is considerable risk that the forecast benefits to merging the two utilities will not be realized expeditiously if integration is not closely managed. Conclusion Navigant Consulting has been asked to address whether proceeding with the merger is warranted. There are a number factors that are forcing management and shareholders of Ontario electricity distributors to seriously consider the future direction of their utility. Most prominent among these factors are the ever changing regulatory environment, the constant pressure from performance based regulation to reduce costs, and the financial pressure to earn a return and provide dividends to shareholders. The solution that many utilities are considering is to amalgamate with other municipally The actual dollar value of the benefit to customers wilt change as the Ontario Energy Board changes the deemed cost of equity and debt. M COUNCILIJIUNY 1, /2�0'O owned utilities. The question then becomes — At what point does it make sense to proceed with a merger? A simple economic threshold to proceeding with a merger could be stated as the point at which the present value of future benefits from merging exceeds the total cost to complete the merger. In the case of Newmarket Hydro and Aurora Hydro, the report estimates a net annual operating savings of approximately $766,500 increasing to $814,500 by 2008. Since this amount is sufficient to cover the estimated transaction costs in the first year, and this economic benefit will continue through the future, the proposed transaction easily passes this simple economic threshold. However, Navigant Consulting believes that this analysis is less meaningful unless placed in its proper context. There are many proposed and existing mergers that use higher savings estimates than displayed in the report. Yet, the probability of achieving all of these savings is typically much lower than that of the Newmarket Hydro and Aurora Hydro analysis. In reviewing this report, Navigant Consulting's focus was on whether the identified savings are achievable, and in our opinion the conservative approach used in the report to estimate these savings gives us confidence that they will be achieved. Beyond the economic impact, the qualitative benefits from merging operations outlined in the report of improved system reliability and flexibility in operation cannot be understated. These are the benefits that will allow management to overcome the regulatory and cost pressures faced by all distribution utilities in Ontario. While Navigant Consulting does believe that one-time transition costs may be slightly understated, it is our opinion that the Amalgamation Assessment Report is an accurate reflection of the benefits and costs of merging Aurora Hydro and Newmarket Hydro. While further due diligence may be required to firm up some savings estimates or determine exactly when certain savings are expected to be realized, we do not expect that these numbers will change materially. Management has taken a conservative approach to estimating these savings and this fact should substantially reduce the risk of realizing the expected benefits of merging the two utilities. Therefore, Navigant Consulting believes that a merger of Aurora Hydro and Newmarket Hydro will be beneficial to the communities, ratepayers and municipal shareholders of both utilities, and concurs with management's recommendation to proceed with the next steps in merger discussions. 70 COUNCIL JUNE 22 2004 'AGENDA i TOWN OFAURORA GENERAL COMMITTEE MEETING REPORT NO. 04-17 Council Chambers Aurora Town Hall Tuesday, June 15, 2004 ATTENDANCE COMMITTEE MEMBERS Councillor Vrancic in the Chair; Mayor Jones, Councillors Buck, Gaertner, Hogg, Morris, Wallace and West. MEMBERS ABSENT Councillor Kean was absent. OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Building, Director of Leisure Services, Director of Planning, Acting Manager of Planning/Environment, Director of Public Works, Treasurer, Acting Town Solicitor, and Council/Committee Secretary. Councillor Vrancic 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. APPROVAL OF AGENDA Moved by Councillor West Seconded by Mayor Jones THAT the content of the agenda as circulated by the Corporate Services Department be approved as presented with the following additional items: ➢ Delegation Request and Letter from Mr. Jeffrey Miller of Maple Leaf Foods Re: Item 2 - PW04-021 - Tannery Creek— Surface Water and Sediment Sampling Results ➢ Correspondence from the Town of Markham Re: Hydro One Transmission Line (Parkway TS to Armitage TS) — Class Environment Assessment Process (13.8) CARRIED I// DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 2, 3, 5, 9, 10 and 11 were identified for discussion. 71 COUNCIL JUNE 22 2004 General Committee Report No. 04-17 Page 2 of 11) Tuesday, June 15, 2004 IV ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Mayor Jones Seconded by Councillor Morris 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: 4. CSO4.013 - Group Benefits Program, Benefits Consultant Broker Selection RFP THAT the Town engage the services of PPI Financial Group as the Town's employee benefits consultant for the provision of advice and guidance on the Town's employee benefits portfolio effective August 1, 2004 for a period of three (3) years with the option of three additional one (1) year extensions subject to satisfactory performance; and THAT PPI Financial Group be authorized to commence negotiations with the Town's existing group benefits carrier with the objective of transferring the Town's existing group benefits coverage on the same terms and conditions as cost effectively as possible utilizing the larger bulk purchasing efforts; and THAT staff notify Buffett Taylor & Associates that the Town of Aurora is appointing PPI Financial Group as the Town's employee group benefits consultant thereby effectively withdrawing as a participating member of the York Region Umbrella Group effective August 1, 2004. 6. PL04.071 - Official Plan and Zoning By-law Amendment Applications, 2029193 Ontario Inc., Lot 10, Registered Plan 65M-2873, 248 Earl Stewart Drive, Files D09-02-04 and D14-02.04 THAT Council approve By-law No. 4547-04.D, being a By-law to approve Official Plan Amendment No. 54. PL04-067 - Trusthouse 88 Inc., - Part of Lot 76 & Part of Road Allowance between Lots 75 & 76, Con 1 EYS, 520 Industrial Parkway South, Official Plan Amendment and Zoning By-law Amendment Applications, Files D09-03-04 & D14-03-04 THAT report PL04-067 be received and that Official Plan Amendment No. 53 be approved by Council; and THAT By-law 4548-04.D be enacted. 8. ADM04-014 - Acquisition of Land from Ontario Realty Corporation (Hydro One Networks Inc.) for Amberhill Way Turning Circle THAT the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale between the Town of Aurora and Ontario Realty Corporation respecting the acquisition of hydro corridor lands required to complete a turning circle at the east end of Amberhill Way; and THAT By-law 4546-041, being a by-law to acquire the subject lands be enacted; and 72 COUNCIL JUNE 22 2004 General Committee Report No. 04-17 Tuesday, June 15,2004 Page 3 of 10 THAT upon finalization of the acquisition, Council authorize the Mayor and Clerk to execute a Permission to Enter in favour of Home Depot Holdings Inc. over the subject lands in order that they can proceed with the reconstruction of the Amberhill Way turning circle pursuant to the Site Plan Agreement dated March 4, 2003 (D11-10-02). 12. PL04.070 - Proposed Regional Official Plan Amendment # 43Centres and Corridors THAT the Region of York be requested to make modifications to proposed Regional Official Plan Amendment # 43: Section 5.5.7. be altered by adding the following: Individual Municipal Secondary Plans will not be required to meet this target depending upon the findings of the Secondary Plan Study and public consultation. This Section is not intended to suggest that the entire Regional Corridor will form part of the density target, only the Key Development Areas as determined by the area municipality. Section 5.5.4 be altered by adding the following as subsection e) areas within historic downtown cores and the residential neighbourhoods abutting them may achieve modest intensification through infill and compatible redevelopment but will not be subject to the 2.5 long-term FSI target; and THAT map 5 be clear in not delineating Yonge Street South as part of the Regional Corridor. CARRIED V DELEGATIONS (a) Aurora Residents Pet Care Association Re: Item 9 - Animal Control Services Ms Carol Mernick, representing the Aurora Residents Pet Care Association, addressed the Committee to express concerns regarding the extension of the Town's animal control contract with Kennel Inn and the standards that are maintained by the facility. Ms Merrick suggested that the Town consider building its own pound or, alternatively, switch services to the Georgina pound. Moved by Councillor West Seconded by Councillor Buck THAT the comments of the delegate be received. CARRIED Councillor Hogg requested that the Town's standard application form for community associations be forwarded to the Aurora Residents Pet Care Association, in order to be properly recognized by the Town as an association. Moved by Councillor West Seconded by Mayor Jones THAT Item 9 -Animal Control Services be brought forward for discussion, CARRIED 73 COUNCIL JUNE 22 2004 General Committee Report No. 04-17 Tuesday, June 15, 2004 2. CSO4-024 - Animal Control Services Moved by Mayor Jones Page 4 of 10 Seconded by Councillor Buck THAT Council approve a one year contract extension with the Kennel Inn for animal control services for the Town of Aurora at a cost of $105,000; and THAT the Town continue to pursue the option of joint venturing with neighbouring municipalities for a municipally operated animal control service and pound. AMENDMENT: Upon the question of the adoption of the recommendation, it was: Moved by Councillor Morris Seconded by Councillor Hogg THAT staff report back by December 31, 2004, addressing the options of joint venturing for a municipally operated animal control service and pound. CARRIED The recommendation was CARRIED AS AMENDED (b) Mr. Jeffrey Miller, Maple Leaf Foods Re: Item 2 - Tannery Creek - Surface Water and Sediment Sampling Results Mr. Jeffrey Miller of Maple Leaf Foods, who are the owners of the Collis Leather site, addressed the Committee to advise that the contamination in Tannery Creek may have originated from many other sources, other than from Collis Leather. Mr. Miller requested that all potential sources be investigated, since Maple Leaf Foods has already engaged in clean-up but contamination from other sources continues to show up. Mr. Miller agreed to provide more detailed information to the Clerk by noon on Friday, June 18, 2004, in order to include this on the agenda for the June 22, 2004 Council meeting. Moved by Councillor West Seconded by Councillor Morris THAT the comments of the delegate be received. CARRIED Moved by Mayor Jones Seconded by Councillor Hogg THAT Item 2 - PW04-021 - Tannery Creek - Surface Water and Sediment Sampling Results be brought forward for discussion. CARRIED PW04-021 -Tannery Creek — Surface Water and Sediment Sampling Results Moved by Councillor West Seconded by Councillor Morris THAT Report No. PW04-021 "Tannery Creek — Surface Water and Sediment Sampling Results" and a copy of the June 7, 2004 report from Earth Tech Canada Inc, ent�gpd "Tannery Creek — Surface Water and COUNCIL JUNE 22 2004 Page 5 of 10 General Committee Report No. 04.17 Tuesday, June 15,2004 Sediment Sampling Report" be forwarded to the Ministry of the Environment with a request that they exercise their jurisdiction so as to require Maple Leaf Foods Inc. or the current owner or occupant to: • conduct the necessary investigations to fully identify the full scope and extent of the contamination of the soil or groundwater and to prepare, for the approval of the Ministry, a remedial plan, satisfactory to the Ministry, designed to prevent any further off -site migration and to remediate the subject property; and • determine if the sedimentation in the Tannery Creek along those sections identified in Report No. PW04-021 poses a threat to aquatic life through benthic surveys and bioassays; and THAT Report No.PW04-021 "Tannery Creek — Surface Water and Sediment Sampling Results" and a copy of the June 7, 2004 report from Earth Tech Canada Inc. entitled "Tannery Creek — Surface Water and Sediment Sampling Report" be forwarded to Maple Leaf Foods Inc.; and 3. THAT Report No. PW04-021 "Tannery Creek — Surface Water and Sediment Sampling Results" and a copy of the June 7, 2004 report from Earth Tech Canada Inc. entitled "Tannery Creek — Surface Water and Sediment Sampling Report" be forwarded to the following agencies for whatever action they feel appropriate and that these agencies be requested to provide guidance to the Town on this matter: The Region of York Health Department; The Region of York Transportation and Works Department; • The Lake Simcoe Region Conservation Authority; • Environment Canada; and • Department of Fisheries and Oceans. 4. THAT staff be requested to undertake public information initiatives (including a public information session) to inform property owners abutting Tannery Creek in the general area from Wellington Street West to Aurora Heights Boulevard of the results of the investigation as described in Report No. PW04-021; and 5. THAT staff be requested to continue with stormwater management initiatives that minimize phosphorous discharges and incorporate creek restoration/naturalization in order to improve surface water quality; and THAT staff be requested to continue efforts to isolate other potential sources of contamination in the Town's watercourses as generally described in Report PW04-021. CARRIED Moved by Councillor Morris Seconded by Councillor Gaertner THAT Megan Janes, Professional Engineer, provide a brief presentation to Council next week regarding the Tannery Creek Surface Water and Sediment Sampling Results. DEFEATED . 75 COUNCIL JUNE 22 2004 General Committee Report No. 04.17 Page 6 of 10 Tuesday, June 15, 2004 Vi CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION PL04.066 - Update Servicing Constraints and Allocation Issues York Durham Servicing System (YDSS) (Item Deferred from June 8, 2004 Council) Moved by Councillor West Seconded by Mayor Jones THAT Council receive Report No. PL04-066 respecting servicing constraints and allocation issues in the York Durham Sewage System; and THAT Aurora Council indicate its support of the Region of York in their pursuit of the approval permits required to allow the construction of the necessary sewage capacity to allow planned Regional growth; and THAT Mayor Jones be requested to continue to press Regional Council to provide an equitable share of the available servicing capacity to the Town of Aurora; and THAT the Ministers of Environment and Municipal Affairs be advised of the Town's concerns respecting the infrastructure delays; and THAT Staff be requested to continue to monitor this matter including attending meetings and providing information as required; and THAT staff update Council on this matter as appropriate CARRIED 3. CSO4-025 - Amendments to the Procedural By-law and Correspondence from Mr. George Rust-D'Eye regarding amendments to the Procedural By-law - (item Deferred from June 8, 2004 Council) Moved by Councillor Morris Seconded by Councillor Hogg Confirmatory By-law THAT By-law 4280-01.0 is hereby amended by adding the following section: 3.17 "It shall be the practice of Council to enact a Confirmatory By-law at the end of every Council Meeting." CARRIED Moved by Councillor Gaertner Seconded by Councillor Hogg Appointment of a Chair & Vice Chair THAT By-law 4280-01.0 is hereby amended by repealing the wording in Section 27.1 and substituting the following thereto: 27.1 "The Chair and Vice Chair shall be appointed from among members of the committee and shall have such responsibilities and powers as are provided for the Chair in Part 1 of this By-law." CARRIED 76 COUNCIL JUNE 22 2004 Page 7 of 10 General Committee Report No. 04-17 Tuesday, June 15,2004 Moved by Councillor West Seconded by Councillor Hogg Committee Membership 3. THAT By-law 4280-01.0 is hereby amended by repealing the wording in Section 17.3 and substituting the following thereto: 17.3 "Council Members who are not Committee Members shall be entitled to attend all Ad Hoc Committee meetings, including any in - camera portion of the meeting, and shall be entitled to speak, but shall not be entitled to vote." CARRIED Moved by Councillor Hogg Seconded by Mayor Jones 4. THAT By-law 4280-01.0 is hereby amended by repealing the wording in Section 26.2 and substituting the following thereto: 26.2 "Council Members who are not Committee Members shall be entitled to attend all Advisory Committee meetings, including any in -camera portion of the meeting, and shall be entitled to speak, but shall not be entitled to vote. This privilege shall not be extended to Statutory Committees or Boards such as the Committee of Adjustment or the Library Board." CARRIED Moved by Councillor Wallace Seconded by Mayor Jones 5. THAT By-law 4280-01.0 is hereby amended by adding the following section: 32A - ASSEMBLIES 32A.1 In this By-law, "Assembly" means an informal gathering of members of Council or of a Committee, held in accordance with this Section. 32A.2 An Assembly shall not be deemed to be a meeting of the Council or Committee and shall not be subject to the rules and regulations applicable to meetings, contained in this By-law. 32A.3 The Council may decide, at a meeting open to the public, to convene an informal gathering of its members, or of the members of a Committee, to receive and discuss information or advice of a general nature involving subject matters of interest to the members, at a time and place designated at that time by the Council. 32A.4 The Council, in deciding to convene an Assembly, shall designate the general purpose or purposes for which the Assembly is to be held, and no other matters may be considered by the Assembly. 32A.5 An Assembly may be held at any place designated by the Council at the time at which it makes its decision to convene the Assembly, whether or not within the boundaries of the Town or of any adjacent municipality. 77 COUNCIL JUNE 22 2004 General Committee Report No. 04-17 Tuesday, June 15,2004 5. 10. Page 8 of 10 32A.6 All members of the Council or Committee respectively are entitled to attend at the Assembly, together with designated staff or consultants retained by the Town, but the Council, in deciding to convene the Assembly, may decide to exclude the public therefrom. 32A.7 No motion, resolution, by-law, debate, agreement in principle, consensus, straw -vote, report, recommendation or other action or decision may be proposed, discu§sed, decided upon„ adopted, taken or made at an Assembly. 32A.8 The Council or Committee shall, at the commencement of an Assembly, designate a person to make notes describing in general terms each subject matter dealt with at the Assembly. e 32A.9 The notes taken pursuant to subsection 32A.8 shall, after the conclusion of the Assembly, be maintained as a public record under the control of the Clerk. CARRIED Moved by Councillor Gaertner Seconded by Councillor Hogg THAT Section 6 of the proposed draft by-law amending by-law 4280-01.C, pertaining to voting, be deferred to the June 22, 2004 Council meeting. CARRIED Memo from Councillor Gaertner Regarding Proposed Terms of Reference for the Environmental Advisory Committee Moved by Councillor Gaertner Seconded by Councillor Morris THAT the proposed Terms of Reference for the Environmental Advisory Committee be adopted. AMENDMENT: Upon the question of the adoption of the recommendation, it was: Moved by Councillor West Seconded by Mayor Jones THAT the proposed Terms of Reference for the Environmental Advisory Committee be amended to reduce citizen members from 7 to 5. DEFEATED The original recommendation was CARRIED. LSO4-027 - Fundraising for Future Facilities 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 78 COUNCIL JUNE 22. 2004 General Committee Report No. 04-17 Tuesday, June 15,2004 Page 9 of 10 11. PL04.069 - Ministry of Municipal Affairs and Housing Comments on Modifications to By-law 4469-03.1) (Town of Aurora Oak Ridges Moraine Conformity Zoning Amendment) Moved by Councillor West Seconded by Mayor Jones THAT the Ministry of Municipal Affairs be advised that the Council of the Town of Aurora supports the modifications to By-law 4469-03.D as proposed by the Province and shown in underlining within the attached Appendix "2" with the following exceptions: 1. Do not support suggested site plan process to demonstrate conformity with Oak Ridges Moraine Conservation Plan. 2. Do not support additional flexibility within Key Natural Heritage Features. 3. Do not support suggested changes to zoning schedules and creation of new zoning categories for Key Natural Heritage Features, Minimum Vegetation Protection Zones, Linkage Areas and Countryside Areas. However Council does support the addition of the following text to Schedule "A", 'B", "C", "D" and "E" for clarification purposes: "By-law 4469.03.D consists of Schedules "A" to "E" inclusive and accordingly each schedule shall be considered in the determination of zoning provisions pertaining to individual properties" THAT Council supports the additional flexibility provisions as shown in CAPITALS within the attached Appendix 2; and THAT staff continue to work with Ministry staff to finalize the details of the modifications and have by-law 4469-03.D approved expeditiously as possible. AMENDMENT: Upon the question of the adoption of the recommendation, it was: Moved by Councillor West Seconded by Councillor Buck THAT staff provide options pertaining to permissions for pools, decks, sheds and minor additions within woodlands, for the June 22, 2004 Council meeting. CARRIED The recommendation was CARRIED AS AMENDED Correspondence from the Town of Markham Re: Hydro One Transmission Line (Parkway TS to Armitage TS) — Class Environment Assessment Process (13.6) Moved by Mayor Jones Seconded by Councillor Morris THAT the correspondence from the Town of Markham regarding Hydro One Transmission Line be referred to staff together with the input from the Hydro Information Meeting on June 10, 2004 and the Hydro Public Meeting on June 29, 2004, for a report on July 13, 2004. CARRIED 79 COUNCIL JUNE 22 2004 General Committee Report No. 04.17 Page 10 of 10 Tuesday, June 15, 2004 V11 OTHER BUSINESS, COUNCILLORS Councillor Hogg requested that the Director of Corporate Services report back to Council regarding a process for community groups to provide information about the group before the groups' representative comes forward as a delegate. Councillor Hogg requested that the Director of Leisure Services report back to Council regarding setting up a policy to address special needs, including legal and insurance information. Mayor Jones advised that Mr. Lee Burton, representing the Aurora Tigers, is attempting to raise money towards championship rings for the players and has requested that Council consider a $500 community grant. Councillor Vrancic requested staff to report back to Council on June 22, 2004. Mayor Jones advised that the first round of larviciding for West Nile Virus will begin on June 17, 2004 at Batson Drive and Moorcrest Drive. Councillor Morris advised that she will be circulating the comments from the Hydro Information Meeting of June 10, 2004 to members of Council. Councillor Vrancic requested that a telephone number be provided to Council members for use in cases where large, dead animals are found on the road after hours. The Director of Public Works will report back with the information. Councillor Vrancic expressed his concerns regarding the sound system in the Council Chambers, advising that it Is very difficult to hear comments of delegates as well as other Council members. Councillor Vrancic requested that staff consider making arrangements to ensure that the Town Hall facilities are not rented out on Tuesday evenings between 7:00 p.m. - 9:00 p.m. Vlli 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. IX ADJOURNMENT Moved by Councillor Hogg THAT the meeting be adjourned at 10:15 p.m. CARRIED THE REPORT OF THE GENERAL COMMITTEE MEETING 04-17 IS SUBJECT TO FINAL APPROVAL AT COUNCIL ON TUESDAY, JUNE 22, 2004. wwo Direction from In Camera Meeting That the following individuals be appointed to the Environmental Advisory Committee Robert Cook Mary Hill Ellen Mole Darryl Moore David Tomlinson Susan Walmer Klaus Wehrenberg [AGENDA ITEM # z COUNCIL JUNE 22 2004 -�--��.��-.-....„ ACENDA.!TEMTOWN OF AURORA � COUNCIL REPORT No. AHC 04-02 SUBJECT: June 15, 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: June 22, 2004 RECOMMENDATIONS THAT the Committee Record of the Aurora Heritage Committee Meeting held on June 15, 2004 be received for information; and 2. 18 Centre St. THAT J. McIntyre and/or M. Brevik be delegated the authority to confirm the final building elevations on be half of the committee for 18 Centre St.; and 3. Heritage Plaque 65 Spruce St. THAT the request for a Heritage Plaque from Mr. & Mrs. Housser of 65 Spruce St. be approved and that the signage should state "The Osborne House c. 1911 ".; and 4. Site Plan Development Hartman House 669 Wellington St. E. THAT the Town's Planning Dept. and Council consider the heritage significance of the Hartman House 669 Wellington St. E. (SW corner Bayview Ave & Wellington St. E) in its deliberations on the proposed development of the property (File D14-06-04 & D09-05-04 Aurora Toyota) recognizing its statement in the Town's Official Plan page 115 and Schedule "C" where this building is identified, and that the Town and property owner utilize its best efforts to preserve and incorporate this building in the future development of the site. 82 COUNCIL JUNE 22 2004 June 22, 2004 - 2 - Report No. 04-02 ATTACHMENTS Committee Record 04-02 Prepared by: Bob Panizza Diane Fergueson, Chair Aurora Heritage Committee 83 COUNCIL JUNE 22 2004 Committee: Date: Time and Location: AURORA HERITAGE COMMITTEE RECORD NO, 04-02 Aurora Heritage Committee June 15, 2004 7:00 p.m. Holland Room, Town Hall Committee Members: Diane Fergueson (Chair), Margaret Brevik, Bob McRoberts, Walter Mestrinaro, John McIntyre, Stan Rycombel, Councillor Ron Wallace Staff: Absent: Councillor Nigel Kean, Jane Staunton Bob Panizza, Barry Bridgeford DECLARATIONS OF INTEREST None APPROVAL OF AGENDA Moved by Councillor Wallace That the agenda as circulated be approved. Seconded by M. Brevik CARRIED APPROVAL OF THE MINUTES Moved by M. Brevik Seconded by Councillor Wallace That the minutes of the Aurora Heritage Committee No. 04-01 dated May 10, 2004 be approved. DELEGATIONS CARRIED None M COUNCIL DUNE 22. 2004 MATTERS FOR CONSIDERATION 1. Draft Aurora Heritage Web Site Moved by Councillor Wallace Seconded by B. McRoberts That the presentation by Barry Bridgeford on the draft Aurora Heritage Web Site be received with thanks. CARRIED 2. Consolidated Heritage Designated Properties Report Moved by W. Mestrinaro Seconded by J. McIntyre That the consolidated heritage designated properties report be received for information. CARRIED 3. Site Plan Proposal 18 Centre St. Members discussed the proposed development for 18 Centre St. and concurred that J. McIntyre and/or M. Brevik should be involved in the review of the building elevations prior to final approval by the Town. Moved by S. Rycombel Seconded by W. Mestrinaro That J. McIntyre and/or M. Brevik be delegated the authority to confirm the final building elevations on be half of the committee for 18 Centre St. 4. Heritage Plaque — 65 Spruce St. Moved by J. McIntyre Seconded by Councillor Wallace That the request for a Heritage Plaque from Mr. & Mrs. Housser of 65 Spruce St. be approved and that the signage should state "The Osborne House c. 1911". I Td3m as COUNCIL JUNE 22 2004 5. Hartman House — 669 Wellington St. E. Moved by J. McIntyre Seconded by Councillor Wallace That the Town's Planning Dept. and Council consider the heritage significance of the Hartman House 669 Wellington St. E. (SW corner Bayview Ave & Wellington St. E) in its deliberations on the proposed development of the property (File D14- 06-04 & D09-05-04 Aurora Toyota) recognizing its statement in the Town's Official Plan page 115 and Schedule "C" where this building is identified, and that the Town and property owner utilize its best efforts to preserve and incorporate this building in the future development of the site. -TI R-I 71 6. Heritage District Study Area Committee members reviewed the material that had been distributed with the agenda and discussed the preliminary work that had been done in 2003. Members concurred that a meeting should be convened in early autumn with the residents of Centre St., Catherine St., Maple St., Spruce St., and Fleury St. possibly at the nearby school or church hall, in order to further explore with the residents a proposal to establish a deisgnated heritage area in their community. Moved by B. McRoberts Seconded by M. Brevik That staff proceed to assemble the necessary information including any additional documentation available from other municipalities regarding heritage district designation and present it to the next Heritage Committee meeting. CARRIED 7. Correspondence Moved by Councillor Wallace That the correspondence be received. Seconded by W. Mestrinaro CARRIED N COUNCIL JUNE 22 2004 OTHER BUSINESS Mr. J. McIntyre indicated that the heritage sign that is currently on the wall outside the Old Post Office is falling off and should be repaired. Staff advised that the sign will be fixed and reattached. ADJOURNMENT Moved by B. McRoberts That the meeting be adjourned at 8:40 p.m. a7 COUNCIL JUNE 22 2004 +C 'TOWN OF AURORA xt NCIL REPORT No. TSAB04-005 SUBJECT: June 9, 2004 Traffic Safety Advisory Board Meeting FROM: Chair Committee Members MEMBERS ABSENT: DATE: June 22, 2004 RECOMMENDATIONS - John West Brett Cole, Carmen Zambri, Juergen Daurer, Mike Walters, Robert Cook None THAT the Committee Record of the Traffic Safety Advisory Board Meeting held on June 9, 2004 be received as information; and 2. Report No. TSAB04-004 Traffic Calming Request on Golf Links Drive. THAT Report No, TSAB04-004 "Traffic Calming Request on Golf Links Drive" be received for information; THAT Council; approve in principle the traffic calming design for Golf Links Drive; authorize staff to conduct a poll of households on Golf Links Drive to ascertain their views on the traffic calming design as contained in Report No. TSAB04- 004; request staff be requested to notify and consult with public and review agencies on the proposed traffic calming design; and authorize staff to post the necessary advertising for the road alteration by-law. 3. Report No. TSAB04-002 — Parking Concerns on Gurnett Street. THAT multi -way stop sign control be approved at the intersection of Gurnett Street and Kennedy Street East; THAT parking be prohibited at anytime on the east side of Gurnett Street from Connaught Avenue to a point 40 meters north of Connaught Avenue; THAT the Clerks Department be requested to introduce the necessary by-laws to 0 COUNCIL JUNE 22 2004 June 22. 2004 -2- Council Report No. TSAB04-005 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 with the TSAB's recommendations. 4. Report No. TSAB04-003 - Sightline Concerns on McMaster Avenue at the Hollidge Boulevard Intersection. THAT the second raised concrete centre median on HoNidge Boulevard west of McMaster Avenue be removed; THAT Council approve funds in the amount of $7,000 for this work; and THAT a letter be sent to all affected residents with the TSAB's recommendations. 5. June 2, 2004 memorandum from the Traffic/Transportation Analyst regarding Catherine Avenue - 2 Year Parking Review Between Yonge Street and Spruce Street. THAT the existing winter parking prohibition on the south side of Catherine Avenue from Yonge Street to Spruce Street from November 15T" to April 15T" remain in place on a permanent basis. 6. June 9, 2004 memorandum from the By-law. Services Co-ordinator regarding Parking Concerns on TVIer Street and Mill Street. THAT parking be restricted on the south'side of Tyler Street from the east edge of the west driveway of the site to the west edge of the east driveway of the property from 8:00a.m. to 4:00p.m.,Monday to Friday. 7. May 18, 2004 e-mail from Ms. Gail Severini requesting for "Children at Play" signs on Watts Meadow. THAT the request for "Children at Play" sings on Watts Meadow be denied; and .THAT a letter be sent to Ms. Gail Severine with the TSAB's recommendations. 8. May 26, 2004 e-mail from Ms. Jacqueline Schafer-Kopackov regarding safety concerns on Aurora Heights Drive. THAT the June 9, 2004 e-mail from Ms. Jacqueline Schafer-Kopackov regarding safety concerns on Aurora Heights Drive be deferred to the July 14, 2004 TSAB meeting; W COUNCIL JUNE 22 2004 June 22, 2004 - 3 - Council Report No. TSAB04-005 THAT staff be requested to conduct a speed count on Aurora Heights Drive between Crawford Rose Drive and McLeod Drive; and THAT a letter be sent to Ms. Jacqueline Schafer-Kopackov with the TSAB's recommendations. 9. June 1, 2004 e-mail from Ms. Stacey Crocker regarding parking concerns relating to a Super Mailbox in front of 23 Downey Circle, THAT staff be requested to work with Canada Post to determine if the existing Super Mailbox on Downey Circle in front of house #23 can be moved to the end of the cul-de-sac; THAT staff be requested to report back to the TSAB with the cost; and THAT a letterbe sent to Ms. Stacey Crocker with the TSAB's recommendations. 10. May 29, 2004 e-mail from Mr. Bill Hogg regarding traffic flow through Bayview Wellington. THAT staff be requested to review the traffic flow through Bayview Wellington once the construction of the subdivisions and the commercial properties on Earl Steward Drive and Peterson Drive have been completed; and THAT a letter be sent to Mr. Bill Hogg with the TSAB's recommendations. 11, Selection of a Vice Chair from Committee Members. THAT Brett Cole be appointed the Vice Chair of the TSAB until January 2005 on a rotating basis. BACKGROUND All matters on the agenda were discussed fully. COMMENTS None. CONCLUSIONS The Board believes the recommendations contained herein to be appropriate and that Council should adopt them. E COUNCIL .JUNE 22 2004 June 22, 2004 - 4 - Council Report No. TSAB04-005 FINANCIAL IMPLICATIONS There will be individual costs for the following: • Installation of parking signs on Tyler Street and Gurnett Street; • Installation of multi -way stop sign control at the intersections of Gurnett Street and Kennedy Street East. The total cost for the above is estimated at be $800.00, which includes labor, equipment and materials. Funds for which are available in the Public Works Operating Budget. The estimated cost to remove the second raised concrete centre median on Hollidge Boulevard, west of McMaster Avenue is $7000.00. Funds to remove the centre median have not been provided in the 2004 Public Works Operating Budget. ATTACHMENTS June 9, 2004 Committee Record 04-02 Prepared by. Brent Jefferson, Traffic/Transportation Analyst ext. 4374 `mot/ v John G. W st, Chair Traffic Safety Advisory Board COUNCIL JUNE 22 2004 Committee: Date: Time and Location: COMMITTEE RECORD NO. 04-02 Traffic Safety Advisory Board Wednesday June 9, 2004 Leksand Room, Aurora Town Hall, 7:00p.m. From: Chair: John West Committee Members Brett Cole, Carmen Zambri, Juergen Daurer, Mike Walters, Robert Cook Members Absent: None Other Attendees: Brent Jefferson (Recording Secretary) Chris Alexander (By -Law Services Co-ordinator) Constable Matthew Pike (York Regional Police) DECLARATIONS OF INTEREST There were no declarations of interest. APPROVAL OF AGENDA Moved by Brett Cole Seconded by Robert Cook THAT the agenda be approved as circulated with the addition that a Vice Chair be selected from committee members. CARRIED MINUTES OF PREVIOUS MEETINGS Moved by Brett Cole Seconded by Robert Cook THAT the minutes of the May 12, 2004 TSAB meeting be adopted by Council. CARRIED 92 COUNCIL JUNE 22 2004 TSAB Record No. 04-02 Page 2 DELIGATIONS Sandra Humfryes — 45 Golf Links Drive Sandra addressed the Board and indicated the residents on Golf Links Drive are looking for the TSAB's support to adopt the recommendations as outlined in Report No. TSAB04-004. Sandra indicated that residents on Golf Links Drive have been working with staff for over 2 years for the implementation of traffic calming measures. Over 25 residents have actively been involved to review and determine what measures residents feel should be installed to address their concerns. Sandra indicated that the necessary warrants for the installation of traffic calming measures have been satisfied. The residents want traffic calming measures to reduce vehicular speeds and to reduce the number of collisions, as there have been 23 reported collisions on Golf Links Drive in the past 13 years. Sandra pointed out that the residents on Golf Links Drive are not looking to reduce the traffic volume as they only want to calm the traffic. Sandra indicated the proposed traffic calming design for Golf Links Drive includes the installation of 5 speed humps. Sandra indicated that a petition was forwarded to staff signed by 92% of the households on Golf Links Drive between house #34 and Murray Drive who are in support of the proposed locations for speed humps as outlined in Report No. TSAB04-004. Finally, it was indicated that residents have worked with staff and reviewed different types of traffic calming measures that could be installed on Golf Links Drive and speed humps were the preferred measure. Moved by Juergen Daurer Seconded by Carmen Zambri THAT the delegation be received as information CARRIED Moved by Brett Cole Seconded by Robert Cook THAT item #4 be moved forward at this time. CARRIED M COUNCIL JUNE 22 2004 TSAB Record No. 04-02 Page 3 Moved by Brett Cole Seconded by Juergen Daurer THAT Report No. TSAB04-004 "Traffic Calming Request on Golf Links Drive" be received for information; THAT Council; approve in principal the traffic calming design for Golf Links Drive; authorize staff to conduct a poll of households on Golf Links Drive to ascertain their views on the traffic calming design as contained in Report No. TSAB04-004; request staff be requested to notify and consult with public and review agencies on the proposed traffic calming design; and authorize staff to post the necessary advertising for the road alteration by-law. It was noted that currently there is no York Region transit service on Golf Links Drive and the implementation of speed humps would reduce the possibility of any future transit service. MATTERS FOR CONSIDERATION 1. May 25, 2004 TSAB Council Report No. TSAB04-001. THAT the May 25, 2004 TSAB Council Report No. TSAB04-001 be received as information. 2. Report No. TSAB04-002 — Parking Concerns on Gurnett Street. Moved by Mike Walters Seconded by Juergen Daurer THAT multi -way stop sign control be approved at the intersection of Gurnett Street and Kennedy Street East; THAT parking.be prohibited at anytime on the east side of Gurnett Street from Connaught Avenue to a point 40 meters north of Connaught Avenue; 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 with the TSAB's recommendations. CARRIED M COUNCIL JUNE 22 2004 TSAB Record No. 04-02 Page 4 3. Report No. TSAB04-003 — Sightline Concerns on McMaster Avenue at the Hollidge Boulevard Intersection. Moved by Mike Walters Seconded by Juergen Daurer THAT Report No. TSAB04-003 — Sightline Concerns on McMaster Avenue at the Hollidge Boulevard Intersection be received as information. CARRIED THAT southbound left turns from McMaster Avenue onto Hollidge Boulevard be prohibited at anytime; THAT the Clerks Department be requested to introduce the necessary by-law to implement the above recommendation; and THAT a letter be sent to all affected residents with the TSAB's recommendations. DEFFEATED Moved by Mike Walters Seconded by Brett Cole THAT the second raised concrete centre median on Hollidge Boulevard west of McMaster Avenue be removed; THAT Council approve funds in the amount of $7,000 for this work; and THAT a letter be sent to all affected residents with the TSAB's recommendations. CARRIED Committee members discussed the different options provided in Report No. TSAB04- 003 and recommended not to approve the southbound left turn prohibition as members felt this option does not address the real issue, which is sightlines. Committee members supported the removal of the second raised concrete centre median as this option would increase the sightlines while still keeping an entry feature into the subdivision. 5. June 2, 2004 memorandum from the Traffic/Transportation Analyst regarding Catherine Avenue — 2 Year Parking Review Between Yonge Street and Spruce Street. Moved by Mike Walters Seconded by Robert Cook z MOM al M00 1U012E_Y_aWAOXO ! TSAB Record No. 04-02 Page 5 THAT the existing winter parking prohibition on the south side of Catherine Avenue from Yonge Street to Spruce Street from November 15Th to April 15Th remain in place on a permanent basis. CARRIED 6. June 9, 2004 memorandum from the By-law Services Co-ordinator regarding Parking Concerns on Tyler Street and Mill Street. Moved by Mike Walters Seconded by Brett Cole THAT parking be restricted on the south side of Tyler Street from the east edge of the west driveway of the site to the west edge of the east driveway of the property from 8:00a.m. to 4:00p.m.,Monday to Friday. CARRIED 7 May 18, 2004 e-mail from Ms. Gail Severini requesting for "Children at Play" signs on Watts Meadow. Moved by Mike Walters Seconded by Juergen Daurer THAT the request for "Children at Play" sings on Watts Meadow be denied; and THAT a letter be sent to Ms. Gail Severine with the TSAB's recommendations. CARRIED 8 May 26, 2004 e-mail from Ms. Jacqueline Schafer-Kopackov regarding safety concerns on Aurora Heights Drive. Moved by Mike Walters Seconded by Juergen Daurer THAT the June 9, 2004 e-mail from Ms. Jacqueline Schafer-Kopackov regarding safety concerns on Aurora Heights Drive be deferred to the July 14, 2004 TSAB meeting; THAT staff be requested to conduct a speed count on Aurora Heights Drive between Crawford Rose Drive and McLeod Drive; and THAT a letter be sent to Ms. Jacqueline Schafer-Kopackov with the TSAB's recommendations. 96 COUNCIL JUNE 22 2004 TSAB Record No. 04-02 Page 6 9 June 1, 2004 e-mail from Ms. Stacey Crocker regarding parking concerns relating to a Super Mailbox in front of 23 Downey Circle. Moved by Brett Cole Seconded by Juergen Daurer THAT staff be requested to work with Canada Post to determine if the existing Super Mailbox on Downey Circle in front of house #23 can be moved to the end of the cul-de-sac; THAT staff be requested to report back to the TSAB with the cost; and THAT a letter be sent to Ms. Stacey Crocker with the TSAB's recommendations. CARRIED 10. May 29, 2004 e-mail from Mr. Bill Hogg regarding traffic flow through Bayview Wellington. Moved by Brett Cole Seconded by Robert Cook THAT the May 29, 2004 e-mail from Mr. Bill Hogg regarding traffic flow through Bayview Wellington be received as information; THAT staff be requested to review the traffic flow through Bayview Wellington once the construction of the subdivisions and the commercial properties on Earl Steward Drive and Peterson Drive have been completed; and THAT a letter be sent to Mr. Bill Hogg with the TSAB's recommendations W—TIOluffel 11. Information regarding the September 19, 2004 Roadwatch Conference. Moved by Brett Cole Seconded by Juergen Daurer THAT the information regarding the September 19, 2004 Roadwatch Conference be received as information; and THAT the information regarding the September 19, 2004 Roadwatch Conference be submitted to the July 2004 TSAB meeting. CARRIED It was suggested by members that information and a report on the Regional Roadwatch Program be submitted to the July TSAB meeting for consideration. 97 COUNCIL JUNE 22 2004 TSAB Record No. 04-02 Page 7 12. Pending List 13. Traffic Calming Activity List Moved by Mike Walters Seconded by Juergen Daurer THAT the pending list and the traffic calming activity list be received as information. CARRIED OTHER BUSINESS BY MEMBERS It was requested that'a Vice Chair be appointed from committee members to chair a TSAB meeting in the absence of the appointed chair. Moved by Carmen Zambri Seconded by Robert Cook THAT Brett Cole be appointed the Vice Chair of the TSAB until January 2005 on a rotating basis. CARRIED It was requested that information on the installation of a laptop computer in the Town's radar board be submitted to the July TSAB meeting. YRP member Constable Matthew Pike informed the Board that he is currently conducting police enforcement on Kennedy Street West and is dealing with youth complaints on Aurora Heights Drive at the McLeod Drive plaza. ADJOURNMENT The meeting was adjourned at 8:30p.m. 0 COUNCIL JUNE 22 2004 TOWN OF AURORA COUNCIL REPORT AGENDA ITEM # (0 No. LSAC04-02 SUBJECT: June 10, 2004, Leisure Services Advisory Committee Meeting FROM: Chair - Councillor Vrancic Council Members - Councillor Gaertner Committee Members - Diane Buchanan, Alan Dean, Stephen Dupuis, John Gallo, Dawn Irwin, Al Wilson Absent - Councillor Kean was absent. DATE: June 22, 2004 RECOMMENDATIONS 1. THAT the Committee Record of the Leisure Services Advisory Committee Meeting, held on June 10, 2004, be received for information. 2. Murray Parkette THAT the relationship with Beta Sigma Phi should be maintained; and THAT staff provide a paper trail showing the sequence of events regarding Regency Acres Committee Association's application to adopt the Murray Parkette. 3, Report LSO4-022 - Timber/Thompson Parks Construction THAT Timber/Thompson Parks be developed in accordance with the proposed Concept Plans presented by staff. 4. Report LSO4-026 - Confederation Park Backqround Information THAT staff advise, in writing, whether they intend to honour the wishes of the Regency Acres Committee Association by providing garbage cans, benches and coniferous trees in Confederation Park; and THAT staff provide a written response as to whether the schools°alarms and bells are in violation of the Town's noise by-law. 5. In -Camera THAT the 11 nominations submitted for the Youth Action Committee be accepted, 0 COUNCIL JUNE 22 2004 June 22, 2004 - 2 - Report No. LSAC04.02 BACKGROUND Attached for the information of Council is the Committee Record of the Leisure Services Advisory Committee Meeting LSAC04-02, held on June 10, 2004. COMMENTS Nil. OPTIONS Nil. CONCLUSIONS Nil. FINANCIAL IMPLICATIONS None. 100 COUNCIL JUNE 22 2004 June 22, 2004 - 3 - Report No. LSAC04-02 ATTACHMENTS 1. Copy of Committee Record No. LSAC04-02. Prepared by. Carol Clark, Council/Committee Secretary, ext. 4227 Reviewed by. Allan D. Downey, Director of Leisure Services, ext. 4752 Councillor amir V ancic, Chair Leisure Services Advisory Committee 101 COUNCIL JUNE 22 2004 LEISURE SERVICES ADVISORY COMMITTEE RECORD MEETING NO. 04-02 Date: Thursday, June 10, 2004 Time and Location: 7:00 p.m., Leksand Meeting Room, Aurora Town Hall, 100 John West. Way Committee Members: Councillor Vrancic, Chair, Councillor Gaertner, Diane Buchanan, Alan Dean, Stephen Dupuis, John Gallo, Dawn Irwin, AI Wilson Staff Attendees: Allan Downey, Director of Leisure Services, Jim Tree, Manager of Parks, Chris Catania, Youth & Community Development Co-ordinator, Carol Clark, Council/Committee Secretary Regrets: Councillor Kean Other Attendees: Councillor Buck Councillor Vrancic called the meeting to order at 7:00 p.m. ADDITIONS/DELETIONS TO AGENDA None DECLARATIONS OF INTEREST There were no declarations of interest under the Municipal Conflict of Interest Act. APPROVAL OF AGENDA Moved by Al Wilson Seconded by John Gallo THAT the content of the agenda as circulated by the Leisure Services Department be approved as outlined herein. CARRIED 102 COUNCIL JJNE 22 2004 Leisure Services Advisory Committee Record No. 04-02 Thursday, June 10, 2004 REVIEW OF PREVIOUS MEETING REPORT Leisure Services Advisory Committee Meeting Report No. 04-01, dated Thursday, May 13, 2004 Moved by Stephen Dupuis Page 2 of 6 Seconded by Alan Dean THAT the Leisure Services Advisory Committee Meeting Report No. 04-01 of Thursday, May 13, 2004, be received for information. W-1-tT-15 Mr. Downey suggested that Councillor Vrancic chair the meeting in Councillor Kean's absence, to which the Committee members agreed. Mr. Downey suggested that, from this point forward, if the Chair is absent, the next Chair in sequence would chair that meeting, to which the Committee members agreed. Councillor Vrancic advised that Council adopted a resolution that citizen members can act as Chairs of advisory committees and that a discussion of this matter could take place at a later date. DELEGATIONS 1. Mr. Chris Catania, Youth & Community Development Co-ordinator Re: Presentation on Youth Week Festivities Mr. Chris Catania provided a visual presentation of the Youth Week Festivities, which took place from May 1 - 8, 2004. The presentation showed many events including Flipside Skateboard Park, Dinner & A Movie, Ball Hockey Drop -In, Baby Sitter Training, Skateboarding Competition, Basketball Drop -In, Band Nite and a LAN Tournament. 2. Ms Lottie Anderson, Beta Sigma Phi Re: Murray Parkette Ms Lottie Anderson addressed the Committee to indicate her surprise and concern regarding the request by Regency Acres Committee Association to have Beta Sigma Phi relinquish its adoption of the Murray Parkette. Ms Anderson advised that Beta Sigma Phi entered into a 3 year agreement, with first right of refusal for future years. Moved by Stephen Dupuis Seconded by Diane Buchanan THAT the relationship with Beta Sigma Phi should be maintained. CARRIED 103 COUNCIL JUNE 22 2004 Leisure Services Advisory Committee Record No. 04-02 Page 3 of 6 Thursday, June 10, 2004 Moved by Councillor Gaertner Seconded by Al Wilson THAT staff provide a paper trail showing the sequence of events regarding Regency Acres Committee Association's application to adopt the Murray Parkette. CARRIED 3. Mr. Ron Veyt, Resident of 58 Gateway Drive Re: Thompson Park Mr. Ron Veyt addressed the Committee to voice his concerns regarding the proposed inclusion of skateboard rails and a basketball court in Thompson Park. Mr. Veyt indicated that his preference would be Option 3 in the Leisure Services report LSO4-022, but that Option 2 would be acceptable. Mr. Veyt asked to be notified when the Leisure Services Advisory Committee minutes of this meeting are being put onto the Council agenda. MATTERS FOR CONSIDERATION Item 2 was moved forward for discussion. 2. Report LSO4-022 - Timber/Thompson Park Construction Moved by Stephen Dupuis Seconded by John Gallo THAT Timber/Thompson Parks be developed in accordance with the proposed Concept Plans presented by staff. CARRIED 1, Report LSO4-026 - Confederation Park Background Information Mr. Wilson advised that his previous request for information on the noise by-law in relationship to the schools' alarms and bells, as well as recommendations, was not provided in the report. Mr. Downey advised that Leisure Services intends to proceed as per Council's direction and recommendations therefore not required. Mr. Downey indicated that Leisure Services has no discretion on surplus funds, as they are returned to the general fund account and can be used towards park furniture once the capital works projects are completed. Committee members asked about the status of the tri-party agreement with the school boards. Mr. Downey advised that an agreement is drafted but not yet signed by the school boards, which permits the schools to have access to the parking facilities as shared use. 104 COUNCIL JUNE 22 2004 Leisure Services Advisory Committee Record No. 04-02 Thursday, June 10, 2004 Moved by Al Wilson Page 4 of 6 Seconded by Alan Dean THAT staff advise, in writing, whether they intend to honour the wishes of the Regency Acres Committee Association by providing garbage cans, benches and coniferous trees in Confederation Park; and THAT staff provide a written response as to whether the schools' alarms and bells are in violation of the Town's noise by-law. CARRIED 3. Selection of Liaison Members Committee members were assigned as Liaison Members to the various community groups, as follows: Communitv Group Liaison Member Aurora Seniors' Centre Alan Dean Oak Ridges Trail Association Wendy Gaertner Young Aurora Mixed Slo-Pitch League Diane Buchanan Aurora Minor Ball Association Diane Buchanan Aurora Diggers Girls Softball Association Diane Buchanan Valhalla Mixed Slo-Pitch League Diane Buchanan Aurora Community Tennis Club John Gallo Aurora Mens' Slo-Pitch League Diane Buchanan Aurora Youth Soccer Club Alan Dean Aurora Skating Club Dawn Irwin Aurora Soccer Club Damir Vrancic Aurora Minor Hockey Association Stephen Dupuis Aurora Hockey Parents' Auxilliary Wendy Gaertner Aurora Central Girls' Hockey Diane Buchanan Optimist Recreational Hockey League Stephen Dupuis Monday Night Hockey League John Gallo Aurora Old Chiefs Hockey Club Stephen Dupuis York Simcoe Express Alan Dean York Oldtimers Hockey League Diane Buchanan Aurora Community Arboretum Program Dawn Irwin Aurora Lawn Bowling Club Alan Dean Aurora Rovers Soccer Club John Gallo Aurora Swim Club Al Wilson Spectrum Baton Club Wendy Gaertner Aurora Agricultural Society Dawn Irwin Aurora & District Historical Society Al Wilson Aurora Garden & Horticultural Society Dawn Irwin Aurora's Creative Connection Wendy Gaertner Pine Tree Potters Guild Stephen Dupuis Society of York Region Artists Dawn Irwin Theatre Aurora John Gallo 105 COUNCIL JUNE 22 2004 Leisure Services Advisory Committee Record No. 04-02 Page 5 of 6 Thursday, June 10, 2004 4. Capital Works Schedule Mr. Downey advised that he will distribute the Capital Works Schedule via mail to all Committee members. 5. Pricing Policy Review and Strategy Discussion Mr. Downey provided a presentation to the Committee outlining the Pricing Policy Strategy and steps required to arrive at the subsidy figures. Mr. Downey indicated that the same procedure could be used again, or one of several alternatives could be instituted. Councillor Vrancic advised that this task is the most crucial service that this Committee will undertake, as it impacts upon budget deliberations and fees. Due to the complexity of the process, Councillor Vrancic proposed, and Committee members agreed, that the matter be brought back to the next Leisure Services Advisory Committee meeting in order to give the members an opportunity to review the process and arrive at some suggestions. Councillor Vrancic indicated that it would be helpful to receive information as to how other municipalities of similar size and in the vicinity of Aurora arrive at their pricing policy, to which Mr. Downey responded that he would investigate this. 6. Viable Youth Centre Proposal, Councillor Wendy Gaertner Councillor Gaertner advised that the composition of the proposal for a viable Youth Centre is still in progress and will be addressed at a future meeting. AD HOC COMMITTEE/UPDATES None INFORMATIONAL ITEMS Minutes of Youth Action Committee for May 19, 2004 received. OTHER BUSINESS BY MEMBERS Mr. Wilson recommended that Committee members receive a copy of the parkland standards that the Town of Aurora has for community and neighbourhood parks. Mr. Wilson advised that he will be the liaison member for the Youth Action Committee. ME COUNCIL .JUNE 22 2004 Leisure Services Advisory Committee Record No. 04-02 Paige 6 of 6 Thursday, June 10, 2004 Mr. Gallo advised that the centre pole and net is missing at the Highland Park soccer field, to which Mr. Downey responded that he would remedy the situation. IN CAMERA The Committee proceeded In -Camera to discuss Youth Action Committee Recruitment for 2004/2005. Moved by Alan Dean Seconded by Stephen Dupuis THAT the 11 nominations submitted for the Youth Action Committee be accepted. CARRIED ADJOURNMENT Moved by Alan Dean THAT the meeting be adjourned at 10:15 p.m. dCG _1 NEXT MEETING It was noted that the next meeting of the Leisure Services Advisory Committee will take place on Thursday, July 8, 2004 at 7.00 pm in the Lebovic Room.at the Aurora Public Library. 107 COUNCIL DUNE 22 2004 AGENDA ITMA # 7] 'TOWN OF AURORA COUNCIL REPORT No. PL04 072- SUBJECT: Application for Exemption from Part Lot Control Arista Homes (Bayview Greens) Inc. Blocks 258, Registered Plan 65114-3573 Kirkvalley Crescent D12-PLC-06-04 FROM: Sue Seibert, Director of Planning DATE: June 22, 2004 RECOMMENDATIONS THAT Council approve the request for exemption from Part Lot Control made by Arista Homes (Bayview Greens) Inc. to divide Block 258 on Kirkvalley Crescent, Registered Plan 65114-3573 into separate lots. THAT Council enact By-law 4551-04.D BACKGROUND The subject lands are located on Kirkvally Crescent, being west of Bayview Avenue and south of St. John's Sideroad. The lands form part of Phase 2 of the Bayview-Wellington North Inc. development. The applicant is seeking to develop the subject lands for townhouse dwelling lots. The applicant proposes to develop the lots in the following manner: Block 258, 65M-3573 Reference Plan 65R-27061 Unit Type Lot Area W) Frontage (m) Part 1 & 2 Townhouse 289.61 8.54 Part 3, 4, 5 & 6 Townhouse 237.18 7.01 Part 7 & 8 Townhouse 237.80 7.01 Part 9, 10 & 11 Townhouse 237.51 7.01 Part 12 Townhouse 237.85 7.01 Part 13 & 14 Townhouse 237.74 7.01 Part 15, 16, 17 & 18 Townhouse 237.15 7.01 Part 19 Townhouse 361.91 10.12 COUNCIL DUNE 22 2CO4 June 22. 2004 -2- Report No PL04-072- COMMENTS The subject lots form part of Registered Plan of Subdivision 65M-3573 for Phase 2 of the Bayview-Wellington North Inc development. 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 lot divisions rather than through applications for consent to the Committee of Adjustment or a separate plan of subdivision. All of the proposed lots conform with the provisions of the zoning by-law. The exemption from part lot control would implement the original intent of both the official plan and subdivision agreement. ,Q:a 11ls]►1a Not Applicable. CONCLUSIONS The proposed lots conform with the provisions of the implementing official plan, zoning by- law ,subdivision agreement and site plan agreement. Staff recommend that Council approve the request for exemption from Part Lot Control made by Arista Homes (Bayview Greens) Inc. 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 - Survey Plan PRE -SUBMISSION REVIEW Management Team Meeting — June 16, 2004 Prepared by. Cristina Celebre, ext. 4343 d i Director of Planning