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Agenda - Council - 20061017Auxqw..,,%�RA COUNCIL AGENDA N9.06-Y8 iUESDAY, OCiOBER Ti, 2006 COUNCIL CIWNBERS AURORA TOWN NAIL PUBLIC RELEASE 09/13/06 TOWN OF AURORA COUNCIL MEETING AGENDA NO. 06-28 Tuesday, October 17, 2006 7:00 p.m. 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 OPEN FORUM IV ADOPTION OF MINUTES Special Council -Public Planning Minutes of September 27, 2006, Meeting Number 06-26 and Council Minutes of October 10, 2006, Meeting Number 06-27 RECOMMENDED: THAT the Council Minutes from Meeting Number 06-26 and 06-27 be adopted as printed and circulated. V PRESENTATIONS Presentations to the Arts and Culture Grant Recipients by Mr. Joe Lebovic and Ms Shauna Tepperman Council Meeting No. 06-28 Page 2 of 8 Tuesday, October 17, 2006 VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Vll ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION M NEW BUSINESS/GENERAL INFORMATION -COUNCILLORS IX DELEGATIONS a) Mr. Klaus Wehrenberg, resident pg. D-1 Re: Proposed Sale of Town Lands on Vandorf Sideroad b) Mr. James Tomlin, resident pg. D-2 Re: Item 3 - PW06-056 — Northeast Quadrant Traffic Calming Plan Multi -way Stop Signs at Birch Court/Cedar Crescent/Walton Drive c) Mr. James Beesley, resident pg. D-3 Re: OMB Decision regarding ACI d) Mr. Walter Mestrinaro, resident pg. D4 Re: OMB Decision regarding ACI e) Ms. Kelly Breedon, resident pg. D-5 Re: OMB Decision regarding ACI X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION XI REGIONAL REPORT Xll READING OF BY-LAWS RECOMMENDED: THAT the following listed by-laws be given 1 st, 2nd and 3rd readings, and enacted: 4863-06.T BEING A BY-LAW to authorize pg. B-1 the conveyance of land described as Part of Block 36, M-2012 (Van -Rob Realty Investments Limited) Page 3 of 8 Council Meeting No. 06-28 Tuesday, October 17, 2006 4866-063 BEING A BY-LAW to amend Parking By-law 4574-043 as amended, with respect to parking on Maple Street. 4867-06.T BEING A BY-LAW to designate and erect stop signs at the intersection of Vandorf Sideroad and Industrial Parkway South. 4869-06.T BEING A BY-LAW to alter various Streets in the Northeast Quadrant for the Installation of Various Traffic Calming measures 4870-06.T BEING A BY-LAW to amend Parking By-law 4574-04.T as amended, with respect to parking on Pinnacle Trail 4868-06.0 BEING A BY-LAW to confirm actions by Council resulting from meeting 06-28 on October 17, 2006. Xlll CLOSED SESSION None XIV ADJOURNMENT •.= .. : Council Meeting No. 06-28 Tuesday, October 17, 2006 AGENDA ITEMS Page 4 of 8 1. Special General Committee -Audit Committee Meeting Report pg. 1 No. 06-17 Tuesday, October 10, 2006 RECOMMENDED: THAT the Report of the Special General Committee - Audit Committee Meeting No. 06-17 be received and the recommendations carried by the Committee be adopted. 2. ADM06-016 — York Region Neighbourhood Services Inc. pg. 3 RECOMMENDED: THAT York Region Neighbourhood Services Inc. be requested to pay all outstanding rent as identified in the report within ten (10) days in accordance with Section 13.01 of the Agreement signed August 21st, 2001; and THAT upon receipt of the outstanding rent that Council direct staff to discuss amendments to the Terms and Conditions of the existing Agreement to the satisfaction of both parties and report back to the November 28 meeting of Council; and THAT if outstanding rent is not received within the required ten (10) day period, that Council direct staff to terminate the existing Agreement and apply the appropriate conditions of the Agreement in executing the termination. 3. PW06-056 — Northeast Quadrant Traffic Calming Plan — pg. 67 Multi -way Stop Signs at Birch Court/Cedar CrescentNValton Drive RECOMMENDED: THAT the approved Northeast Quadrant Traffic Calming Plan not be revised to retain the multi -way stop signs at the intersection of Birch Court/Cedar Crescent/Walton Drive. Council Meeting No. 06-28 Tuesday, October 17, 2006 Page 5 of 8 4. PW06-053 — Review of Additional Light Standards on pg. 77 Glenview Drive and Eldon Crescent RECOMMENDED: THAT the additional street light poles and luminaires proposed for Glenview Drive and Eldon Crescent as shown in Report No. PW06-053 be installed. 5. PW06-055 — Parking on Pinnacle Trail pg. 83 RECOMMENDED: THAT the existing "No Parking at Anytime" prohibition on the east side of Pinnacle Trail between No. 29 and No. 61 Pinnacle Trail be rescinded; and THAT Council enact By-law 4870-067 at this meeting to implement the above recommendation. 6. PW06-054 — Agreement Between the Town of Richmond Hill, the pg. 98 Town of Aurora, and the Conseil Scholaire de District Catholique Centre-Sud Regarding Sanitary Servicing of the French Catholic High School at the Intersection of Bathurst Street and Bloomington Sideroad RECOMMENDED: 1. THAT Council authorize the Mayor and Clerk to sign an Agreement between the Town of Richmond Hill, the Town of Aurora, and the Conseil Scholaire de District Catholique Centre-Sud regarding sanitary servicing of the French Catholic High School at the intersection of Bathurst Street and Bloomington Sideroad substantially in the form as presented in Report No. PW06-054; 2. THAT such signatures as noted in Recommendation No. 1 shall not occur until the Town Solicitor has reviewed and approved the Agreement; and 3. THAT the executed Agreement be forwarded to the Clerk of the Town of Richmond Hill and the Conseil Scholaire de District Catholique Centre- Sud for their execution. Council Meeting No. 06-28 Tuesday, October 17, 2006 VA i:31 4 10. LS06-047 — Access Gate Aurora War Memorial Site RECOMMENDED: pg. 124 THAT Council receive the attached information and provide staff with direction in this matter. LS06-046 — Request for Space RECOMMENDED: pg. 127 THAT Council declare the existing snack bar at the Aurora Family Leisure Complex as vacant; and THAT Council permit the use of that space by the Aurora Figure Skating Club for relocation of their Club Office. LS06-045 — Relay for Life RECOMMENDED: pg. 132 THAT Council approve the Canadian Cancer Society Relay for Life 2007 in Lambert Willson Park and the Aurora Family Leisure Complex on June 8th and 9th, 2007; and THAT all municipal permit fees be waived in support of the event. ADM06-007 — 2005 Annual Report RECOMMENDED: THAT the attached 2005 Annual Report for the Town of Aurora be received as information. pg. 141 Council Meeting No. 06-28 Tuesday, October 17, 2006 Page 7 of 8 11. PL06-123 — Release for Registration -Phase 2 pg. 148 Preserve Homes Corporation Part of Lot 21, Concession 2 EYS File: D12-01-5A RECOMMENDED: THAT the Mayor and Clerk be authorized to execute a Subdivision Agreement between The Corporation of the Town of Aurora and Preserve Homes Corporation in accordance with the draft approved conditions dated March 31, 2003 and revised by order of the Ontario Municipal Board on August 22, 2005, subject to the provision of financial payments and securities as set out on Schedules "K" and "L" of the Agreement; and THAT the Mayor and Clerk be authorized to execute all documents necessary to give effect to same. 12. PL06-124 — Zoning By-law Amendment Application pg. 214 Prato Estates Inc. Part 1, 65R-25216, Part 3, 65R-25800 and Part of Lot 22, Concession 2, E.Y.S. File Number: D14-15-06 RECOMMENDED: THAT Council receive as information the following overview of a Zoning By-law Amendment Application, D14-15-06 scheduled for the December 19, 2006 Public Planning Meeting. 13. CS06-032 — Ontario Municipal Insurance Exchange (OMEX) pg. 219 Proposed Amendments to Reciprocal Agreement RECOMMENDED: THAT Council endorse the resolution as presented by OMEX attached as Appendix 1 to this report; and THAT staff be authorized to execute the amending reciprocal agreement with OMEX. Council Meeting No. 06-28 Tuesday, October 17, 2006 Page 8 of 8 14. LS06-048— Historical Park Names and Plaques pg. 225 RECOMMENDED: THAT Council receive this report as information and provide staff with direction in this matter. 15. Correspondence from the Town of Newmarket pg. 229 Re: CAO Report 2006-21 - Southlake Hospital Request for Municipal Funding - Cancer Care RECOMMENDED: THAT the correspondence from the Town of Newmarket regarding CAO Report 2006-21 - Southlake Hospital Request for Municipal Funding - Cancer Care, be received for information. MUNICIPAL LAW ENFORCEMENT OFFICERS' GROUP OF YORK REGION Meeting 09 - 2006 Minutes of Meeting of September 27, 2006 Members Present: Rick McGee, Chair Graham Stackhouse,Secretary, Deb McCulloch, Bill Chatwell, Tom Hillis, Len Creamer, Tony Thompson, Linda Mainprize, Walt Peacock, Lesley Long, Heather Green . Regrets: Ted Allen 1. Call to Order Meeting called to order at 1: 35 pm 2. Welcome and Introduction of Guests and Review of the Agenda Guest Speakers — Julie Meeks (Human Trafficking Coordinator) Amber Bara (RCMP Toronto Airport) 3. Confirmation of Previous Meeting Minutes Amendments to August minutes: • Aurora did not pass Pesticide By-law in June. • Vaughan issued defibrillators to Parks Patrol Staff. Minutes from August meeting confirmed as read by Heather Green and seconded by Tom Hillis. 4. Unfinished Business Rick McGee - Follow-up on Grow -Op procedures and training. 5. Status of Action Items 6. Reports of Working Groups — None MUNICIPAL LAW ENFORCEMENT OFFICERS' GROUP OF YORK REGION 7. Guest Speaker/Presentation - Julie Meeks (Human Trafficking Coordinator) Amber Bara (RCMP Toronto Airport) Human Smuggling & Human Trafficking Ottawa Initiative — Partnership & Contacts (HTNA) Working with Canadian Border Security Agency Human Smuggling: • Movement of persons across International Border. • Fraudulent documents • False Employment letters • Marriage of Convenience • Multi Million dollar agency Human Trafficking: • Modern day form of slavery • 600 to 800 thousand persons are trafficked globally each year. • Involves the movement of people across or within the border • Victims include men, women and children Circumstances: • Poverty • Gender, Ethnic and Religion • Domestic violence • Lack of Social Safety Nets • Misinformed • Cultures of shame and a promise of a better life. Human Trafficking Process Recruitment: • Personal Contracts, agencies, low income families, educational institutions, internet, threats of violence and a promise of a better life. Transportation: • Domestic border crossing not necessary Control: • Passports are taken, threats, confined to a location, physical and sexual abuse and the fear of Police is exploited. MUNICIPAL LAW ENFORCEMENT OFFICERS' GROUP OF YORK REGION General Indicators: • Being escorted or watched, not speaking on own, limited knowledge of area and live at or near work premise. Physical Indicators: • Injuries and bruises, signs of torture, brands of scarring, and facial expressions. Are they Victims? • Initially consent may have been given. • A person may not be aware that they are the victim being "Exploited". Where are the victims? • Night Clubs • Modelling Agencies • Escort Services • Forced Labour • Fishing Boats • Internet 8. New Business Vaughan — October 10, 2006 Enforcement Unit to start printing Part 1 By-law charges. These hand held units provided by Group Tech, will able Officers to print out different forms i.e. by-law orders and parking tickets. Vaughan - Tony Thompson advised the group that Danny Dipasquale will be returning to the office for''/2 days. Vaughan - Animal Control update — The Legal dept. has implemented DOLA into the City's Animal Control By-law Correspondence ➢ None (1) Police/Regional Business ➢ None (i1) Other New Business MUNICIPAL LAW ENFORCEMENT OFFICERS' GROUP OF YORK REGION 9. Questions and Answers None 10. Members Highlights None 11. NEXT MEETING October 25, 2006 1:30 P.M. Town of Aurora Note: If you are unable to attend a meeting or you are sending a designate or you want to bring a guest, please contact Graham Stackhouse at 905-771-2468 or by e-mail at gstackhouse(a`trichmondhill.ca 12. Meeting Adjourned COUNCIL — OCTOBER 17, 2006 Delegation (a) COUNCIL - OCTOBER 17, 2006 Delegation (b) Panizza, Bob From: ELAINE TOMLIN Sent: Thursday, October 12, 2006 3:38 PM To: Panizza, Bob Subject: October 17th meeting re NE Quadrant Traffic Calming Plan Mr. Panizza: 2 am writing to request delegate status for my husband to speak at the above meeting on October 17th. His name is James Tomlin and we reside at 60 Walton Drive. Please respond with what he needs to do in order to speak. Thank you. Elaine Tomlin D-2 COUNCIL — OCTOBER 17, 2006 Delegation (c) October 11, 2006 The Town Clerk Town of Aurora 100 John West Way Aurora, Ontario L4G 6J1 Attn: Bob Panizza Fax: 905-726-4732 Re: Application for Delegation Status Dear Sir, I, 8aimAnafy , of the Town of Aurora, would like to address council, on October 17, 2006, on the matter of the OMB / Court Decision with respect to ACI. Signed Resident./ Name: d w Address: D-3 COUNCIL - OCTOBER 17, 2006 Delegation (d) October 11, 2006 The Town Clerk Town of Aurora 100 John West Way Aurora, Ontario MG 6J1 Attn: Bob Panizza Fax: 905-726-4732 Re: Application for Delegation Status Dear Sir, I. (rJ&Rer l as"JA of the Town of Aurora, would like to address council, on October 17, 2006, on the matter of the OMB / Court Decision with respect to ACI. Signed 6 °� — Resident of Aurora Name: a i r MES j 2 7 Af i4 e-,, Address: D-4 COUNCIL - OCTOBER 17, 2006 Delegation (e) October 11.2006 The Town Clerk Town of Aurora 100 John West Way Aurora, Ontario L4G 6J1 Attn: Bob Panizza Fax: 905-726-4732 Re: Application for Delegation Status Dear Sir, I, 4e 1�/3r e eeJ m of the Town of Aurora, would like to address council, on October r 17, 2006, on the matter of the OMB / Court Decision with respect to ACI. Signed. tie 5� �— Resident bf 11 ra Name: o n Address: D-5 COUNCIL - OCTOBER 17, 2006 AGENDA ITEM M SPECIAL GENERAL COMMITTEE AUDIT COMMITTEE MEETING REPORT NO. 06-17 Council Chambers Aurora Town Hall Tuesday, October 10, 2006 ATTENDANCE COMMITTEE MEMBERS Mayor Jones in the Chair; Councillors Buck, Gaertner, Hogg, Kean, Morris, Vrancic and Wallace MEMBERS ABSENT Councillor West was absent. OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Building, Director of Leisure Services, Director of Planning, Director of Public Works, Director of Financial Services/ Treasurer, Town Solicitor, and Council/Committee Secretary, Mayor Jones called the meeting to order at 7:00 p.m DECLARATIONS OF PECUNIARY INTEREST APPROVAL OFAGENDA General Committee Recommends: THAT the content of the Agenda as circulated by the Corporate Services Department be approved as presented. Ill DELEGATIONS a) Mr. Allister Byrne, Grant Thornton, Auditors Re: Management Letter Mr. Allister Byrne addressed the committee to present high level comments regarding the auditors' management letter. Mr Byrne identified 2005 as a year of transition and indicated that, due to the introduction of the new Vadim financial system, issues regarding data access were identified and needed to be addressed. Mr. Byrne also highlighted the need to address past outstanding payables which are still on the books, as well as ongoing monitoring of employee status within the corporation relating to payroll. General Committee Recommends: THAT the comments of the delegate be received for information. CARRIED -1- COUNCIL - OCTOBER 17, 2006 Special General Committee — Audit Committee Report No. 06-17 Page 2 of 2 Tuesday, October 10, 2006 Councillor Hogg arrived at 7:10 p.m. IV CONSIDERATION OF ITEM REQUIRING SEPARATE DISCUSSION 1. FS06-035 — Management Letter General Committee Recommends: THAT the management letter and the Vadim Post -Implementation Review as presented by Grant Thornton LLP be received and referred to the Director of Financial Services for appropriate action; and THAT the 2006 Fiscal Year End audit plan as presented by Grant Thornton LLP be adopted. CARRIED V ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 7:26 p.m. CARRIED THE REPORT OF THE SPECIAL GENERAL COMMITTEE — AUDIT COMMITTEE MEETING 06-17 IS SUBJECT TO FINAL APPROVAL AT COUNCIL ON TUESDAY, OCTOBER 17, 2006. -2- COUNCIL - OCTOBER 17, 2006 LAGENDA�#Q TOWN OF AURORA COUNCIL REPORT No. ADM06-016 SUBJECT: York Region Neighbourhood Services Inc. FROM: John S. Rogers, Chief Administrative Officer DATE: Tuesday, October 17, 2006 RECOMMENDATIONS THAT York Region Neighbourhood Services Inc. be requested to pay all outstanding rent as identified in the report within ten (10) days in accordance with Section 13.01 of the Agreement signed August 215t, 2001 THAT upon receipt of the outstanding rent that Council direct staff to discuss amendments to the Terms and Conditions of the existing Agreement to the satisfaction of both parties and report back to the November 28 meeting of Council THAT if outstanding rent is not received within the required ten (10) day period, that Council direct staff to terminate the existing Agreement and apply the appropriate conditions of the Agreement in executing the termination, BACKGROUND At the September 19, 2006 General Committee meeting of Council, staff presented Report LS06-041 for General Committee consideration. At that meeting Committee defeated the following resolution: Option #4 - Rental payment in the amount of $26,000 be received. Staff will then receive applications from the York Region Neighbourhood Services Inc. to expand the existing facilities at the Jack Woods property. The Committee then passed the following resloution: THAT staff bring back a report on possible ramifications of declaring the property as surplus; and THAT staff be directed to begin the process of terminating the existing agreement between York Region Neighbourhood Services Inc. and the Town of Aurora; and THAT the Solicitor be directed to commence legal proceedings to recover the funds owed to the Town. —3— COUNCIL — OCTOBER 17, 2006 October 17. 2006 - 2 - Report No.ADM06-016 At the September 26, 2006 Council meeting Patricia Robertson delegated before Council and the following motion was approved by Council: (13) LS06-041 —York Region Neighbourhood Services Inc. Moved by Councillor Vrancic Seconded by Councillor Morris THAT the delegation by Ms Patricia Robertson be received and that the matter be referred to staff in order to meet with the York Region Neighbourhood Services Inc. representative and report back to a future meeting. CARRIED Additional background relating to the operations of the facility and leading up to the staff report of September 19, 2006, is as follows: In December of 1999, the Aurora Early Learning Centre was operating a Day Care out of the Jack Woods property. At that time the operation was failing to meet their financial obligation and Council was being asked to continue the operation of the Centre by parents and children using the Centre. As a result of this request, Marvin Kuttner, Owner of the Aurora Early Learning Centre (AELC) made a delegation to Council on January 18, 2000 requesting that the Centre continue to operate under a new Lease arrangement and under new Terms and Conditions which contained a Council repayment of a $10,000 loan from the Town. Council approved the new Lease with 1395818 Ontario Limited on February 8, 2000 (Report LS00-003). In November of 2000 a new Municipal Council was elected. During this time the operation of the Day Care Centre was a concern to staff because utility bills were not being paid and rent was not being received in a timely fashion, as well as defaulting on the loan re- payment. Staff informed Marvin Kuttner of our intent to terminate his Lease with cause, which created a concern with the users of the facility. As a result of these concerns staff presented an In -Camera report (Report LS01-027) to Council seeking authorization to invite proposals for a new operator of the Day Care facility. A revised set of Terms and Conditions, as well as a framework for receiving proposals was approved by Council on June 26, 2001 (Report LS01-031). A lottery system was proposed to select Expression of Interests from respondents who attended a mandatory site meeting and met specific criteria approved by Council. Council accepted the Letter of Agreement from York Region Neighbourhood Services on July 17, 2001 (Report LS01-036). An Agreement was developed by the Town Solicitor in consultation with the solicitor for YRNS and signed August 21, 2001. In November of 2003 a new Municipal Council was elected. Early in 2004, Patricia Robertson, Executive Director of York Region Neighbourhood Services, expressed concerns relating to their ability to meet the financial obligations of the Day Care operation as outlined in the Agreement signed August 21, 2001. —4— COUNCIL — OCTOBER 17, 2006 October 17, 2006 - 3 - Report No.ADM06-016 A letter was requested regarding this issue and that delegation status be requested to inform Council of the issues and receive permission from Council to have staff meet with York Region Neighbourhood Service to consider amendments or recommendations regarding the Terms and Conditions of the Lease. All financial obligations to this date had been met. On April 20, 2004 a delegation was made by Patricia Robertson to the General Committee and to Council April 27, 2004 and staff were directed to meet with York Region Neighbourhood Services and prepare a report. Following the delegation of April 20, 2004, staff met to discuss the issue and concern with regards to the possible failure of another operator within a four (4) year period and the concern of parents and their children, without a resolution to the issue. It was agreed that in an attempt to maintain cash flow and reduce the possibility of another operator failure, that we would inform the operator that we would allow them to defer payment of the rent. This did not eliminate their obligation to pay all rent owing depending on the direction of Council, and staff would require audited statements regarding their request priorto making any recommendation to Council. At no time was the operator given any indication that rent would not be required or waived but, that this was a short term interim measure to ensure continued operation of the facility until Council made a decision. YRNS made a further delegation on January 24, 2006 regarding additional uses of the property. To date, no alternatives have been approved by Council and as a result of several discussions amongst staff and a request by Council for information regarding the financial status of the Jack Woods property, staff prepared Report LS06-041 for General Committee on September 19, 2006. COMMENTS As a result of Council direction on September 26, 2006 staff convened a meeting with Ms. Robertson on October 5, 2006 to discuss issues relating to the operation of the Day Care facility at Jack Woods and resolution of outstanding concerns. As requested, York Region Neighbourhood Services Inc. has submitted an audited statement for our review. The Director of Financial Services offers the following observations: Based on the review of the 2005 Audited Financial statements there is absolutely no justification for the Town to waive any of the rent as negotiated for 2005 and 2006. When reviewing the statements, the York Neighbourhood Services Inc. showed a profit in 2005 which included the accrual for rent on the Jack Woods property. When you break down the services provided by this organization, the Child Care portion of their portfolio was their second largest money maker next to profit generated by their administration department, again these profits factored in the accrual for the Jack Woods rental payment. —5— COUNCIL — OCTOBER 17, 2006 October 17, 2006 - 4 - Report No.ADM06-016 The Child Care portion of their operation, the Crescentbrook operation ,was the only operation that sustained a loss however, the loss was less than the rental payment they factored in for the Jack Woods property. However their Child Care portfolio did make a profit. On the other side, the rental payment for our property represents in excess of 50% of the total rental payment for their Child Care operations. As a result of our meeting and review of the audited statement the estimated value of outstanding rent determined by the Treasurer is, as of October 2006, $42,600.00. With regards to the York Region Neighbourhood Services Inc. statement that the Town has entered into a partnership, paragraph 15:11 of the Agreement states: 15.11 Partnership The Landlord does not in any way for any purpose become a partner of or joint venturer or member of a joint enterprise with the Tenant. Notwithstanding the foregoing, the Landlord may participate with the Tenant for the purposes of securing government funding from time to time. Staff have asked for a detailed calculation of the capital expenses incurred by YRNS however as of the writing of this report the information has not been provided In any event the lease requires the Town to approve in writing any "alterations, material changes or additions to the premises" (s. 8.01) As a result of our review and meeting with Ms. Robertson, staff are presenting the recommendations as outlined in this report. FINANCIAL IMPLICATIONS The outstanding balance for rent as of October 2006 is $42,600. Any changes in future payments will be subject to Council approval of an agreed amended amount. OPTIONS Council may also consider a number of options to the staff recommendations. Option #I: Amend the existing Agreement to reflect a reduced rental payment as requested by the Tenant and request payment as per an amended Agreement. Option #2: Terminate the existing Agreement as outlined n the Lease Agreement and declare the Jack Wood property as surplus and sell the property in accordance with Town policy. Option #3: Require the Tenant to comply with the Terms and Conditions of the Agreement then enter into negotiations with the applicant for the provision of additions to the site for a Boy and Girls Club and expanded Day Care facility at the Jack Woods property. COUNCIL — OCTOBER 17, 2006 October 17, 2006 - 5 - Report No.ADM06-016 Option #4: Terminate the existing Agreement with York Region Neighbourhood Services Inc. and direct staff to receive Expressions of Interest from other Day Care providers and report back to Council. CONCLUSIONS Staff have explored a number of issues and options for Council's consideration. As a result of this exploration we recommend that the Tenant be directed to pay all outstanding rent and upon receipt of the outstanding rent, enter into negotiations for amendments to the Terms and Conditions of the Lease Agreement which may include a reduction in rent if so desire by Council. Failing receipt of the rent that we proceed with termination of the Agreement in accordance with the existing Terms and Conditions. If the Agreement is terminated, as part of our report to Council, staff will present options for Council's consideration for the accommodation of the York Region Food Network within other municipal lands. LINK TO STRATEGIC PLAN Goal "D" speaks to ensuring transparent, accountable and open governance in concertwith informed and involved citizens. ATTACHMENTS 1. Extract from Council Meeting No. 06-25 held September 26, 2006. 2. Report LS06-041 (with attachments) Prepared by. Allan Downey, Director of Leisure Services, Extension 4752. ohn S. Rogers E C.A.O. —7— COUNCIL — OCTOBER 17, 2006 ATTACHMENT 1 Aumop,A EXTRACT FROM COUNCIL MEETING NO. 06-25 HELD ON TUESDAY, SEPTEMBER 26, 2006 1. General Committee Meeting Report No. 06-15, Tuesday, September 19, 2006 (13) LS06-041 —York Region Neighbourhood Services Inc. Moved by Councillor Vrancic Seconded by Councillor Morris THAT the delegation by Ms Patricia Robertson be received and that the matter be referred to staff in order to meet with the York Region Neighbourhood Services Inc. representative and report back to a future meeting. CORRESPONDENCE SENT BY: ACTION DEPT.: INFO DEPT.: Leisure Services Pend C« ITZT;TRE COUNCIL — OCTOBER 17, 2006 40 c ►�,� c EXTRACT FROM COUNCIL MEETING NO. 06-25 HELD ON TUESDAY, SEPTEMBER 26, 2006 IX DELEGATIONS h) Ms Patricia Robertson .Re: Item 1(13) - LS06-041 —York Region Neighbourhood Services Inc. Ms Patricia Robertson addressed Council regarding the childcare operation run by York Region Neighbourhood Services Inc. at the Crescentbrook location, indicating that the organization would like to continue discussions with the Director of Leisure Services regarding options for the operation. Ms Robertson advised that, although York Region Neighbourhood Services Inc. had stopped paying rent, the money is being held for payment pending Council direction. Moved by Councillor Vrancic Seconded by Councillor Kean THAT Council recess into Closed Session to discuss the legal matter related to the delegation by Ms Patricia Robertson from York Region Neighbourhood Services Inc. CARRIED CORRESPONDENCE SENT BY: Corporate Services ACTION DEPT.: INFO DEPT.: Leisure Services, Legal, Financial Services CE'E COUNCTOBER 17, 2006 1 MunicipaPDrive AU"d-%P, e 1 Box 1000, Aurora, ON L4G 611 www.e•aurora.ca yoadre,!n, good cocarpa.ay File CO3/06-25 October 4, 2006 Ms Patricia Robertson York Region Neighbourhood Services Inc. 17705 Leslie Street, Suite 202 Newmarket, ON L3Y 3E3 Dear Ms Robertson: Re: Item 1(13) - LS06-041 —York Region Neighbourhood Services Inc. Please be advised that this matter was considered by Council at its meeting held on September 26, 2006. In this regard, Council adopted the following resolution: THAT the delegation by Ms Patricia Robertson be received and that the matter be referred to staff in. order to meet with the York Region Neighbourhood Services Inc. representative and report back to a future meeting. Attached is an extract from the meeting pertaining to your delegation. The above is sent for your information and any attention deemed necessary. Your truly, B. anizza Director of Corporate Services/Town Clerk B P/cc Att. —10— COUNCIL — OCTOBER 17, 2006 AU1Z®RA EXTRACT FROM COUNCIL MEETING NO. 06-25 HELD ON TUESDAY, SEPTEMBER 26, 2006 IX DELEGATIONS h) Ms Patricia Robertson Re: Item 1(13) - LS06.041 — York Region Neighbourhood Services Inc. Ms Patricia Robertson addressed Council. regarding the childcare operation run by York Region Neighbourhood Services Inc. at the Crescentbrook location, indicating that the organization would like to continue discussions with the Director of Leisure Services regarding options for the operation. Ms Robertson advised that, although York Region Neighbourhood Services Inc. had stopped paying rent, the money is being held for payment pending Council direction. Moved by Councillor Vrancic Seconded by Councillor Kean THAT Council recess into Closed Session to discuss the legal matter related to the delegation by Ms Patricia Robertson from York Region Neighbourhood Services Inc. CARRIED —11— COUNCIL — OCTOBER 17, 2006 ATTACHMENT - 2 TOWN OF AURORA GENERAL COMMITTEE REPORT No. LS06-041 SUBJECT: York Region Neighbourhood Services Inc. FROM: Allan D. Downey, Director of Leisure Services DATE: September 19, 2006 RECOMMENDATIONS THAT Council provide direction with regards to the preferred option and that staff report back to Council. BACKGROUND The Town entered into an Agreement with York Region Neighbourhood Services Inc. on August 21, 2001 for the Lease of the Jack Woods Property to operate a day care facility. As a requirement of that Agreement the applicant was obligated to pay rent and utility costs for the facility in the amount of $26,400/year. Staff were contacted by York Region Neighbourhood Services to request delegation status at the General Committee meeting of April 20t", 2004. The purpose of their presentation was to request Council to consider recommendations to stabilize the financial solvency of their child care program. The applicant requested permission to meet with staff to review the financial operations of the Centre and determine options to reduce costs. The delegate's comments were received and referred to staff for a report. Staff met several times with the applicant and received audited statements from York Region Neighbourhood Services Inc. regarding their financial position and inability to adhere to the condition of the existing Agreement. The operation provides day care opportunity to fixed income families through the Region of York who establishes the amount of money given to York Region Neighbourhood Services Inc. for the provision of day care. The funds provided from the Region are not sufficient to maintain the Jack Woods property as a "break-even" venture. As a result of this information, staff prepared a report to the Leisure Services Advisory Committee on January 13, 2005 recommending amendments to the Agreement to reduce the rental rates and operating obligations of the Jack Wood property to the York Region Neighbourhood Services Inc. The proposal reduced their financial requirements from $26,400/year to $5,480/year (Report LS05-002 attached). At that meeting the following recommendation was made and approved by Council at Meeting No. 05-02 held on January 25, 2005: 3. Report LS05-002, York Region Neighbourhood Services Moved by Councillor Vrancic Seconded by Dawn Irwin THAT report LS05-002 be received for information; and ....12 —12— COUNCIL — OCTOBER 17, 2006 September 19, 2006 - 2 - Report No. LS06-041 THAT the item be brought back to a future meeting, once staff have completed an assessment of the dwelling on the Jack Woods property regarding its condition and repairs that are necessary,, and THAT staff report back on how the request for subsidization relates to the policy that the Leisure Services Advisory Committee is developing regarding cost recovery and rent pertaining to Library Square. CARRIED As a result of Council's direction, staff presented a report to Council (In -Camera) on May 17, 2005 identifying potential surplus lands and requesting direction from Council regarding the process for disposal. Staff also commenced the process of reviewing the Pricing Policy with regards to the establishment of subsidization levels for recreational programs and services. The review of the Pricing Policy is ongoing and has not received Committee approval. In response to York Region Neighbourhood Services Inc. request on April 20, 2004 regarding opportunities to stabilize their financial solvency at the Jack Woods Child Care facility, York Region Neighbourhood Services Inc. made another presentation to the Leisure Services Advisory Committee at Meeting No. 05-10 held on November 10, 2005 and a subsequent presentation to General Committee on January 24, 2006. (b) Ms Patricia Robertson, CAO, York Region Neighbourhood Services/Social Enterprise Canada Mr. Randy Reid, Director, Boys and Girls Clubs of York Region Ms Kim Thompson, Director, Ontario Early Years Services Re: Proposal for Use of Jack Woods Property Ms Pat Robertson, Ms Kim Thompson and Mr. Randy Reid provided the Committee with an overview of the services provided by the York Region Neighbourhood Services/Social Enterprise Canada including the Ontario Early Years Services and the Boys and Girls Clubs of York Region. Ms Robertson requested the support of Council to work with the York Region Neighbourhood Services to develop the Jack Woods property into a community environment to potentially house a childcare centre, a Boys and Girls Club, and Ontario Early Years Services, Ms Robertson further requested that they work with Town staff to determine the feasibility of developing and creating a potential model for the property. General Committee recommends: THAT the comments of the delegation be received and referred to staff for a report. CARRIED Staff have met with York Region Neighbourhood Services Inc. several times to determine the feasibility of their proposal and have investigated alternative locations such as the Family Leisure Complex or the former Hydro building. —13— COUNCIL — OCTOBER 17, 2006 September 19 2006 - 3 - Report No. LS06-041 COMMENTS There are a number of alternatives that Council may consider at this time. Terminate the existing Agreement with York Region Neighbourhood Services Inc. in accordance with the provisions of their Agreement with the Town. The Town has not received rental payment from York Region Neighbourhood Services Inc. in 2005 or 2006. We have been contacted by the applicant indicating a loss in 2005 of $21,444 and a request to reduce rental payments to $6,000 per year plus utilities for subsequent years (letter attached). Amend the existing Agreement, to reflect a reduced rental payment as requested by the applicant and agree to an extension in accordance with the existing Agreement. Terminate the existing Agreement then declare the Jack Woods property as surplus and request that applications be received regarding the sale of the property. Staff have received an appraised value of the property that could be provided to Council in closed session. 4. Require the applicantto comply with the Terms and Conditions of the Agreementthen enter into negotiations with the applicant for the provision of additions to the site for a Boys and Girls Club and expanded day care facility at the Jack Woods property. 5. Have staff explored other opportunities for the provision of a Boys and Girls Club as well as day care facilities at the Aurora Family Leisure Complex and/or the former Hydro building. FINANCIAL IMPLICATIONS Option #1: Termination of the Agreement will result in no payments in 2006 and will require an adjustment to the 2006 Budget for the Jack Woods property. Option #2: Amending the Agreement will reduce the projected rental payment identified in the 2006 Budget to $6,000.00 from $26,000. Option #3: The termination of the Agreement will require amendment to the 2006 Budget. Funds from the sale of the property would be placed in the Town's Reserves. Option #4: Rental payment in the amount of $26,000 be received. Staff will then receive applications from the York Region Neighbourhood Services Inc. to expand the existing facilities at the Jack Woods property. Option #S: Rental payments will not be received in 2006 and the budget will require adjustment in the amount of $20,000. Further, staff reports will be required to address alternative sites. ..../4 —14— COUNCIL — OCTOBER 17, 2006 September 19, 2006 - 4 - Report No. LS06-041 CONCLUSIONS Staff have continued to explore alternatives to address the financial solvency of the day care facility at the Jack Woods property. Several options have been presented and staff request direction from Council with regards to their preferred option. PRE -SUBMISSION REVIEW Management Team Meeting, Wednesday, September 13, 2006. Prepared by: Allan Downey, Director of Leisure Services, Extension 4752. ALLAN D. DOWNEY Director of Leisure Services �, �ROGER�S� —15— COUNCIL - OCTOBER 17, 2006 TOWN OF AURORA LEISURE SERVICES ADVISORY COMMITTEE REPORT No. LS05-002 SUBJECT: York Region Neighbourhood Services Inc. - Lease of Jacks Woods Property FROM: Allan D. Downey, Director of Leisure Services DATE: January 13, 2005 RECOMMENDATIONS THAT the Leisure Services Advisory Committee recommend to Council that the Town enter into an amended Agreement to reduce the rentals and operating obligations of the Jack Woods Property to the York Region Neighbourhood Services Inc.; and further THAT the Lease be extended for another five (5) year period in accordance with Section 2.02 (a) of the Agreement. BACKGROUND The Town entered into an Agreement with York Region Neighbourhood Services Inc. on August 21, 2001 for the Lease of the Jack Woods Property to operate a day care facility. The Agreement is attached. Staff received a letter from the York Region Neighbourhood Services Inc. in April of 2004 requesting that they be granted delegation status in order to secure permission to meet with staff to address theirfinancial concerns and explore reducing theirfinancial obligations to the Town. Staff were directed to meet with the delegate and prepare a report. Please find attached the Extract from April 20, 2004 General Committee meeting. COMMENTS Staff have met with the operators of the facility on several occasions to explore their financial concerns, operating expenses and determine their degree of relief requested by the Town. The operators have to date met all of their financial obligations, however have indicated that they are experiencing a net loss on the facility on a monthly basis. Staff have received a detailed review of their operation and have attached their Proposal for the Committee to review. A Representative from York Region Neighbourhood Services Inc. has requested delegation status with regards to their Proposal. ..../2 -16- COUNCIL — OCTOBER 17, 2006 January 13, 2005 .2- Report No. LS05-002 Staff have reviewed their Proposal and feel it represents an accurate accounting of their operation. The present facility represents a need in the community, however due to the subsidized nature of their operation no avenues exist to increase user fees to help offset their operating expenses. OPTIONS 1. The Committee may recommend that the rental fee not be reduced and the Agreement not be reviewed; expiry date is August 31, 2006. 2. Committee may recommend alternative amendments to the Agreement. 3. Declare the property surplus and proceed with the sale of the property. FINANCIAL IMPLICATIONS If the Committee recommends the amendment requested by the York Region Neighbourhood Services Inc., the financial impact will be: Under present Agreement: $2,200/month = $26,400/year With Amendments: $1,600/month = $19,200/year - Utilities = $5,150 - 35% Subsidy = $6,720 - Ground Maintenance ILKQ 5 480 Rental income will be reduced by $20,920.00 per year plus an additional $600.00 per year as a result of no rental rate increase. CONCLUSIONS The present Tenant provides a valuable community service, with the majority of its clientele residing in Aurora. Staff recommends that the Lease be amended and a determination of the use of the property be determined upon the expiration of the Lease. LINK TO STRATEGIC PLAN Goal "A" speaks to maintaining a well -managed and fiscally responsible municipality. ATTACHMENTS 1. Original Agreement, dated August 21, 2001. 2. Letter from York Region Neighbourhood Services Inc. dated April 2004. 3. Extract from General Committee Meeting held April 20, 2004. 4. Proposal from York Region Neighbourhood Services Inc. ..../3 —17— COUNCIL - OCTOBER 17, 2006 January 13, 2005 - 3 - Report No. LS05-002 PRE -SUBMISSION REVIEW Scott Somerville, C.A.O. Review, Friday, January 7, 2005 Prepared by. Asian Downey, Director of Leisure Services, Extension 4752 r ALLAN D. DOWNEY Director of Leis ervices " COUNCIL — OCTOBER 17, 2006 95 Allaura Boulevard This Lease made as of the 21" day of August, 2001 in pursuance of the Short Forms of Leases Act, between: THE CORPORATION OF THE TOWN OF AURORA (the "Landlord") of the first part, YORK REGION NEIGHBOURHOOD SERVICES INC. (the "Tenant") of the second part, Witnesses that whereas the Landlord is seized of an estate in fee simple of the Lands, as hereinafter defined; Now therefore in consideration of the Rents, covenants and agreements herein contained, the Landlord and the Tenant agree as follows: ARTICLE I -INTERPRETATION 1.01 . Definitions In this Lease: (a) "Additional Rent" means all sums of money or charges required to be paid by the Tenant under the Lease except Minimum Rent whether or not designated as Additional Rent or payable to the Landlord; (b) "Building" means any building.or structure located on the Lands and all other improvements constructed upon the Premises; (c) "Capital Improvements" or repairs of a "Capital Nature" means any structural repairs or additions to the Building or any repairs to the outside surface, including the roof, of the Building, any repair, replacement of capital assets including heating, plumbing and electrical systems; (d) "Effective Date" means September 1, 2001; (e) "Lands" means the lands and premises described on Schedule A hereto; —19— COUNCIL — OCTOBER 17, 2006 -2- (f) "Lease" means this agreement and the terms and conditions set out herein as amended from time to time; (g) "Lease Year" means a period of twelve (12) consecutive calendar months; the first Lease Year shall begin on the Commencement Date if such day is the first day of a calendar month; if not, then the first Lease Year shall begin on the first day of the calendar month next following the Commencement Date, each succeeding Lease Year shall begin on the anniversary date of the first day of the first Lease Year. (h) "Minimum Rent" means the sums payable by the Tenant to the Landlord as set out in Section 3.01; (i) "Operating Costs" means all costs directly or indirectly associated with the operation and maintenance of the Premises, including without limitation, Taxes, heat, electricity, gas, water, other utilities, maintenance, repairs, and Landlord's property insurance related to the Premises but shall specifically exclude any management, administrative or supervisory fees, the Landlord's income taxes, any type of depreciation, interest on debt or capital retirement of debt, costs of any repairs and replacements of a capital nature, costs of structural repairs or replacements, expenses in respect of damage to the Building to the extent that the Landlord is entitled to reimbursement by proceeds of insurance, any costs or expenses directly charged to the Tenant by the Landlord pursuant to any other provision of this Lease; (j) "Premises" means as at the date hereof, the whole of the Building and the whole of the Lands; (k) "Rent" means all amounts payable by the Tenant to the Landlord hereunder, including Minimum Rent and Additional Rent; (1) "Taxes" means all taxes, rates, assessments, duties, levies and charges whatsoever, whether municipal, education, parliamentary or otherwise, levied, imposed or assessed by any taxing authority against the Lands and the Building or either of them or upon the Landlord in respect thereof of from time to time levied, imposed or assessed in the future in lieu thereof but specifically excluding the following taxes: capital and place of business taxes assessed against the Landlord, capital gains taxes, corporate income, profit or excess profit taxes assessed against the income of the Landlord, business taxes levied against the business carried on by the Landlord and any local improvement rates and special utilities levies, fees or charges imposed, assessed, levied or charged which are directly associated with initial construction of the building on the Premises; (m) "Term" means the term of this Lease as provided in Section 2.02 and any period of overholding unless earlier terminated or surrendered but excluding any period where the Lease has been partially surrendered or deemed to be partially —20— COUNCIL — OCTOBER 17, 2006 -3- surrendered pursuant to section 15.12 as to the part or parts so surrendered or deemed to be partially surrendered. 1.02 Schedules The schedules of this Lease are a part of it and consist of: Schedule A — legal description of the Lands. 1.03 Number and Gender The necessary grammatical changes required to make the provisions of this Lease apply in the plural sense where the Tenant comprises more than one entity and to corporations, associations, partnerships or individuals, males or females, in all cases will be assumed as though in each case fully expressed. 1.04 Headings and Captions The article numbers, article headings, section numbers and section headings are inserted for convenience of reference only and are not to be considered when interpreting this Lease. 1.05 Obligations as Covenants Each obligation of the Landlord or the Tenant expressed in this Lease, even though not expressed as a covenant, is considered to be a covenant for all purposes. 1.06 Entire Agreement This Lease contains all the representations, warranties, covenants, agreements, conditions and understandings between the Landlord and the Tenant concerning the Premises or the subject matter of this Lease. 1.07 Governing Law This Lease shall be interpreted under and is governed by the laws of the Province of Ontario and the laws of Canada applicable therein. 1.08 Construction If any provision of this Lease is illegal or unenforceable it shall be considered separate and severable from the remaining provisions of this Lease, which shall remain in force and shall be binding as though the said provision had never been included. —21— COUNCIL — OCTOBER 17, 2006 M ARTICLE II - DEMISE AND TERM. 2.01 Demise and Term The Landlord hereby leases and demises the Premises to the Tenant for the Term at the Rent and on the terms and conditions stated in this Lease. 2.02 Term (a) The Tenant shall have and hold the Premises for and during the Term which shall be, unless sooner terminated or surrendered (or in respect of that part of the Premises in respect of which a partial surrender or surrenders or deemed partial surrender or surrenders occurs), pursuant to the provisions of this Lease, from the Effective Date for a period of five (5) Lease Years with a five (5) year renewal option. (b) Notwithstanding the term provided for above, it is expressly understood and agreed that either party herein shall have the right to unilaterally terminate this Lease during the Term at any time, and without cause or breach, upon giving the other party one hundred and twenty (120) days advance notice in writing. In the event that the Landlord chooses to terminate this lease pursuant to this subsection, the Landlord agrees to pay to the Tenant within 120 days of said termination, less any amounts which may be outstanding to the Landlord under this Lease,. the Depreciated Fair Market Value, as determined in accordance with this Section, of such leasehold improvements as shall exist on the property on the last day of the Term. (c) The depreciated fair market value of the leasehold improvements shall be established by A.A.C.I. or equivalent, accredited professional appraisers and within 14 days of receipt of notice of termination or 60 days prior to the end of the Term, whichever occurs first, each party shall appoint an accredited professional appraiser (and the Landlord's may be such accredited professional appraiser employed by it) to report on the value of the Leasehold Improvements; the Landlord and the Tenant shall cause their respective appraisers to deliver their reports on the value of the Leasehold Improvements to the other party within 30 days of the date of being appointed; (d) If the accredited professional appraisers are appointed to determine the value of the Leasehold Improvements in accordance with this section, the depreciated fair market value shall be determined as follows: (i) if the average of the two appraisals is less than 10% greater than the lowest appraisal, the average of the two appraisals shall be deemed to be the "Depreciated Fair Market Value" of the Leasehold Improvements; but (ii) if the average of the two appraisals is more than 10% greater than the lowest appraisal, a third accredited professional appraiser will be selected by the two appraisers and retained equally by the Landlord's appraiser and the Tenant's appraiser, and the third appraiser shall select one of the two earlier appraisals as most clearly representative of the "Depreciated Fair —22— ''COUNCIL — OCTOBER 17, 2006 sic Market Value" and the selected appraisal shall be deemed to be the "Depreciated Fair Market Value" of the Leasehold Improvements. 2.03 Overholdine If the Tenant remains in occupation of the Premises after the expiration of the Tenn hereby granted without a written agreement to the contrary, there is no tacit renewal of this Lease notwithstanding any statutory provision or legal presumption to the contrary and the Tenant shall not be deemed to be a tenant from year to year, but shall be a monthly tenant at a rental equivalent to one twelfth the annual payment of Minimum Rent herein provided for, payable in advance, and all the terms and conditions hereof, so far as applicable, shall apply to such monthly tenancy. Nothing herein shall imply however, that the Tenant is permitted to remain in the Premises from and after expiry of the Term. 2.04 Option to Extend The Tenant shall not be entitled to extend the Tenn of this Lease. ARTICLE III - RENT 3.01 Minimum Rent The Tenant covenants to pay to the Landlord, its successors and assigns, without deduction, compensation or set off, Minimum Rent in the amounts as setout on the attached Schedule "B",which forms a part of this Lease during the Term payable in advance on the Effective Date and thereafter on the first day of each month during the Term. 3.02 Interest on Amounts in Default If the Tenant fails to pay when due and payable any amount of Rent, the unpaid amount will bear interest calculated and payable monthly from the due date to the date of payment at the rate of the aggregate of 3 per cent and the prime rate from time to time charged by any chartered bank or trust company of the Landlord to its most creditworthy commercial customers. 3.03 Payments If any payments required to be made under this Lease by the Tenant to the Landlord are not paid at the time provided in this Lease, they will be deemed to be and will be colledtable as Rent with the next instalment of Rent falling due and all of the Landlord's remedies for non- payment of Rent hereunder shall apply thereto, but nothing in this Lease limits any other remedy of the Landlord in respect thereto. —23— COUNCIL — OCTOBER 17, 2006 M ARTICLE IV - GENERAL COVENANTS 4.01 Covenants of Tenant The Tenant covenants with the Landlord: (a) to pay Rent, (b) to observe and perform all the covenants and obligations of the Tenant under this Lease; and (c) to not cut down any live trees or vegetation, except grass and weeds, on the property. 4.02 Covenants of Landlord The Landlord covenants with the Tenant: (a) for quiet enjoyment; (b) to observe and perform all the covenants and obligations of the Landlord under this Lease; and (c) at all times to permit free, uninterrupted and unobstructed rights of ingress to and egress from the Premises to be enjoyed by the Tenant, its servants, workers, invitees, employees, vehicles, supplies and equipment. ARTICLE V - TAXES AND CHARGES 5.01 Operating Costs The Tenant covenants with the Landlord to pay as Additional Rent all Operating Costs, excluding municipal or education Taxes, but including water and sewer charges, promptly when due, direct to the appropriate authority, including the Landlord. 5.02 Net Lease It is the intention of the parties hereto that this Lease and Minimum Rent payable hereunder be, except as expressly provided for herein, net and carefree to the Landlord. Operating Costs shall if not paid direct to a third party authority, be collectable as Additional Rent and shall be payable forthwith on demand. 5.03 Business Taxes The Tenant covenants to pay all Taxes levied in respect of any business carried on by the Tenant, its subtenants, licensees or other occupants claiming under the Tenant of the Premises or in respect of the use.and occupation thereof (including license fees). —24— COUNCIL — OCTOBER 17, 2006 -7- 5.04 GST The Tenant shall pay to the Landlord all GST, if any, assessed or charged or payable in respect of the payment of Rent hereunder. For the purposes of this clause, all GST which is payable in respect of any Rent shall be considered to be due by the Tenant to the Landlord on the same date as such Rent is so due, ARTICLE VI - USE OF THE PREMISES 6.01 Use of Premises The Tenant covenants that the Premises will not be used for any purpose other than as a day nursery facility offering care for children subject to all requirements of the day nurseries act and or other community service programs as approved by the Landlord andsubject to all other requirements of this Lease. Notwithstanding the foregoing and for greater certainty, the Premises will not be used for sleeping accommodation or care between the hours of 11 p.m. and 6 a.m. 6.02 Liens. etc. The Tenant will not permitany lien, certificate of pending litigation, judgement or certificate of any court or any mortgage, charge or encumbrance of any nature whatsoever to be imposed on title to the Lands and, if any such matter is registered on title to the Lands due to the Tenant's actions or inactions, the Tenant will discharge the same within 10 'days after receipt of notice thereof from the Landlord, failing which the Landlord shall be entitled to make such payment or take such action as may be expedient to discharge it and the Tenant shall immediately reimburse the Landlord for its costs thereof. 6.03 Waste and Nuisance The Tenant will not commit or permit any waste or injury to the Premises including the Leasehold Improvements and trade fixtures therein or any overloading of the floors thereof. 6.04 Condition of Premises The Tenant will not permit the Premises to become untidy, unsightly or hazardous or permit unreasonable quantities of waste or refuse to accumulate therein. 6.05 Applicable Laws The Tenant will comply at its own expense with all present and future laws (the "Laws") of any governmental or quasi -governmental (including federal, provincial and municipal) in force or regulations, requirements, by-laws or orders (including without limitation Environmental Laws defined in Article XVI) pertaining to the operation and use of the Premises, the condition of the Leasehold Improvements, trade fixtures, furniture and equipment installed by the Tenant therein and the making by the Tenant of any repairs, changes or improvements —25— COUNCIL — OCTOBER 17, 2006 we therein and will use and occupy the Premises in a safe and careful and proper manner so as not to contravene any Law. ARTICLE VII - REPAIRS AND MAINTENANCE 7.01 Tenant's Obligations Except after damage described in Article IX, the Tenant covenants to maintain at its expense the Premises in a state of good repair and shall make such repairs and replacements excluding reasonable wear and tear and damage described in Article IX which the Landlord elects or is obliged to repair or replace, and will be responsible for all snow removal on the Premises,. The Landlord may, in the presence of a representative of the Tenant, enter the Premises at all reasonable times to view the state of repair and if it is determined that maintenance or repairs are required to be done by the Tenant, then the Tenant shall effect that maintenance or repairs, failing which the Landlord may make such repairs and charge the Tenant for same. The Tenant covenants to pay the charges for such repairs forthwith upon receipt of invoices for same. The Tenant shall be responsible for the maintenance and repair of its own equipment and fixtures. The Tenant shall not be responsible for the costs of repairs which arise as a result of the negligence of the Landlord and those for whom the Landlord is at law responsible; and any other repairs for which the Landlord is responsible under the Lease. 7.02 Construction Liens The Tenant shall comply with all of the provisions of the Construction Lien Act, R.S.O. 1990, c. 30 as it has and may be amended from time to time and other statutes from time to time applicable to any work done or improvements made to the Premises by or on behalf of the Tenant, including any steps necessary to ensure that no lien shall attach to the Building or the Lands. If by reason of any default hereunder, such construction lien for work, labour, services or materials supplied to or for the Tenant shall be registered on title to the Lands or notified to the Landlord, the Tenant shall within ten (10) days after receipt of notice thereof from the Landlord procure the discharge thereof including any certificate of action registered in respect of any lien failing which, the Landlord shall be entitled to make such payment or take such action as may be necessary or expedient to discharge such lien and the Tenant shall forthwith pay on demand and as Additional Rent indemnify and save harmless the Landlord from any costs it incurs as a result of such lien. ARTICLE VIII - CHANGES AND ALTERATIONS 8.01 Changes and Alterations The Tenant shall not make or permit to be made any alterations, material changes or additions to the Premises without the prior written approval of the Landlord which approval may —26— .COUNCIL — OCTOBER 17, 2006 Q not be unreasonably withheld. The request of the Tenant for any such approval shall be accompanied by an adequate description of the contemplated work and, where appropriate, working drawings and specifications thereof and evidence that the Tenant has obtained, at its expense, all necessary consents, permits, licences and inspections from all governmental and regulatory agencies having jurisdiction. All work to be performed in the Premises shall be performed by competent contractors and subcontractors. All such work shall be performed in accordance with any reasonable conditions and regulations if any, imposed by the Landlord, including that it may supervise the work, and must be completed in a good and workmanlike manner in accordance with the description of the work approved by the Landlord. 8.02 5iens No sign, advertisement or notice shall be inscribed, painted or affixed on any part of the outside or inside of the Building whatsoever, without the consent of the Landlord which may be unreasonably or arbitrarily withheld. 8.03 Lockina Svstem Neither the Landlord nor the Tenant shall during the Term, alter or cause to be altered the locking system on the Building except by mutual consent. No additional locks shall be placed upon any gate or door or any other improvement on the Lands without the consent of the Landlord. The Landlord hereby consents to the installation of an alarm system on the premises, at the sole expense of the Tenant. The Tenant hereby covenants to provide the Landlord with the current deactivication code(s) from time to time. The Tenant may remove the alarm system upon the termination of this Lease. 8.04 Access The Landlord shall have access to the Premises on twenty four hours advance notice during any day of the Term. ARTICLE IX - INSURANCE 9.01 Tenant Insurance At all times during the Term, the Tenant shall maintain at its own expense: (a) commercial general public liability insurance against claims for personal injury or death and property damage or loss arising out of all operations of the Tenant on the Premises protecting both parties to an inclusive limit of not less than five million dollars ($5,000,000.00) per occurrence; (b) all risk direct damage insurance on its chattels, (including but not limited to equipment, vehicles, computer hardware and software, office equipment, furniture, fixtures and leasehold improvements) on or in the Premises; and —27— COUNCIL — OCTOBER 17, 2006 1, -10- (c) other insurance in amounts and upon terms reasonable for a prudent tenant to provide and particular to this Tenant's undertakings. The Tenant will see that there is delivered to the Landlord, copies or certificates of the policies in force from time to time and the Tenant further agrees to deliver to the Landlord copies of renewal policies or certificates. If the Tenant fails to insure or file with the Landlord satisfactory proof of insurance, the Landlord may, without notice to the Tenant, effect such insurance and recover any premiums paid therefor from the Tenant on demand. If the Tenant fails to take out or keep in force any policy of insurance, the Landlord may do so and pay the premium, and any such premium shall be deemed to be and will be collectible by the Landlord from the Tenant as Additional Rent. This insurance shall protect the Landlord and the Tenant to an amount not less than $2,000,000 per occurrence and each shall be an additional insured and loss payee .in the insurance policy. The insurance policy or policies shall contain a cross -liability clause protecting the Landlord. The Tenant's insurance certificates and policies will each contain a clause that the insurer will not cancel or change or refuse to renew the insurance without the Landlord first having received not less than thirty (30) days' written notice. 9.02 Increase in Landlord's Insurance Premiums The Tenant shall not do, or permit to be done, anything on the Premises or bring or keep anything therein which will in any way increase the risk of fire or the rate for insurance on the Building, or on property kept therein, except such increases which are directly attributable only to the use of the Premises in accordance with Section 6.O1,or conflict with the laws relating to fires or with the regulations of the Fire Department or with any insurance policy upon the Building or any part thereof, or conflict with any of the rules or ordinances of the Department of Health or with any statute or municipal by-law. 9.03 Cancellation of Insurance The Tenant shall not by its act or omission cause any policy of insurance relating to the Premises to be cancelled or the Premises or any part thereof to be made uninsurable. In the event the Tenant so causes such insurance policy to be cancelled or so causes the Premises to be made uninsurable then the Landlord may at its option (provided it has provided reasonable written notice to the Tenant and the Tenant has failed to commence or having commenced, is not diligently proceeding to cure the situation, and subject to force majeure) either (a) terminate this Lease and following such termination the Tenant shall forthwith deliver up vacant possession of the Premises to the Landlord in the condition they are required to be maintained hereunder or (b) at the Tenant's expense enter upon the Premises and remedy the condition. 9.04 Evidence of Insurance The parties shall forthwith after request by the other provide evidence satisfactory to it of the insurance required to be carried by it hereunder from time to time. 01-M COUNCIL — OCTOBER 17, 2006 ARTICLE X - DAMAGE OR DESTRUCTION 10.01 Damage or Destruction (a) In the event of damage to or destruction of the Premises or access or services essential to its use by the Tenant, then to the extent that the Premises or any substantial part thereof are rendered not reasonably capable of use by the Tenant for the purposes described in section 6.01, the Rent provided to be paid hereunder or Wproportionate part thereof, according to the nature and extent that the Premises are rendered not reasonably capable of such use, shall abate until the Premises or such part or parts thereof are again reasonably capable of such use and shall have been repaired; provided, however, that in the event that 50% or more of the Building is damaged and the Premises is incapable of being repaired using reasonable diligence within the earlier of ninety (90) days from the date of the damage or destruction or by the date of termination of this Lease, then either the Tenant or the Landlord may terminate this Lease on written notice given to the other within forty-five (45) days after the occurrence of such damage or destruction. (b) Upon termination of this Lease, as provided in this article, in addition to the abatements to which the Tenant is entitled as aforesaid, Rent and any other liabilities of the Tenant shall be apportioned and be paid to the date on which the damage or destruction occurred and the Tenant shall forthwith deliver up possession of the Premises in accordance with this Lease. (c) The certificate of the Landlord's professional, licensed architect or engineer as to the length of time required while using reasonable diligence to rebuild or restore the Premises, shall be conclusive and binding upon the Landlord and the Tenant. (d) Unless this Lease is terminated as aforesaid, the Landlord, will repair such damage with all reasonable diligence to the extent of the insurance proceeds available. 10.02 Notice to Landlord The Tenant shall give the Landlord prompt written notice of any accident or other defect in the plumbing, electrical, telephone, gas, heating, air conditioning or other service systems in the Building of which it becomes aware. ARTICLE XI - INDEMNITY 11.01 Tenant's Indemnitv The Tenant covenants to indemnify and save harmless the Landlord and its officers, employees, agents and Council Members, from all claims, actions, costs and losses of every nature relating to the Premises including, without limitation, reasonable legal fees and —29— COUNCIL — OCTOBER 17, 2006 ., IiPAI disbursements arising during the Term or any renewal, extension or overholding thereof if any, and caused by the Tenant or those for whom it is at law responsible. The foregoing indemnity relates to all claims, actions, costs, damages, liabilities, expenses or losses arising out of: (a) a breach of or non-compliance with a covenant, agreement or condition on the part of the Tenant contained in this Lease; (b) injury to a person, occurring in or about the Premises, including death resulting from the injury; and (c) any other loss or injury or property damage arising from or out of this Lease or any occurrence on the Premises thereof, the Tenant's occupancy of the Premises or occasioned thereby or in part by any act or omission of the Tenant or those for whom it is responsible. The obligations of the Tenant to indemnify the Landlord under the provisions of this section are to survive the termination of this Lease in respect of every event occurring during the Term, or renewal, extension or period of any overholding, if any. The Landlord covenants to indemnify and save harmless the Tenant from all claims, actions, costs or losses of every nature including, without limitation, reasonable legal fees and disbursements caused by the Landlord or those for whom it is legally responsible. The obligations of the Landlord to indemnify the Tenant are to survive the termination of the Lease in respect of every event occurring during the Term or renewal, extension or period of overholding, if any. Except to the extent the same is caused by the Landlord or by the other persons for whom and in respect of which the Landlord is in law responsible: (a) the Landlord, its agents, servants and employees, will not be liable or responsible in any way for any personal or consequential injury of any nature whatsoever that may be suffered or sustained by the Tenant or any employee, agent, customer, invitee or licensee of the Tenant or any other person who may be upon the Premises or for any loss of or damage or injury to any property belonging to the Tenant or to its employees or to any other person while such property is on the Premises and in particular (but without limiting the generality of the foregoing and subject to the qualifications aforesaid), the Landlord shall not be liable for any damage or damages of any nature whatsoever to any such property caused by the failure, by reason of a breakdown or other cause, to supply adequate climate control, or by reason of the interruption of any public utility or service, or in the event of gas steam, water, rain or snow which may leak into, issue or flow from any part of the Building or from the water, steam, sprinkler, or drainage pipes or plumbing works of the same, or from any other place or quarter; (b) the Landlord.. its agents, servants, employees or contractors, will not be liable for any damage suffered to the Premises or the contents thereof by reason of the Landlord, its agents, servants, employees or contractors, entering upon the —30— COUNCIL — OCTOBER 17, 2006 Sam Premises to undertake any examination thereof or any work therein as permitted hereby or in the case of any emergency except loss or damage caused by the wilful or negligent misconduct by the Landlord or any persons authorized by the Landlord in the course of such entry or where the Landlord or persons authorized by the Landlord have not used their best efforts to minimized interference with the Tenant's use and enjoyment of the Premises. ARTICLE XII - SUBLETTING AND ASSIGNING 12.01 Assittning or Subletting The Tenant shall not assign (whether by operation of law or otherwise) this Lease or sublet or otherwise part with possession of the Premises, or any part thereof, without the prior written consent of the Landlord which consent may be unreasonably or arbitrarily withheld notwithstanding any statutory or other provision of law to the contrary. No assignment or sublease shall relieve the Tenant of its obligations hereunder. Any assignee or subtenant shall, at the Landlord's option, enter into an agreement with the Landlord whereby it agrees to be bound by the provisions of this Lease. The Tenant will pay the Landlord's reasonable costs for reviewing any request for a consent hereunder and the preparation of all documentation to be entered into with the assignee, mortgagee, transferee or subtenant. Notwithstanding the foregoing, the Tenant may on notice to the Landlord, but without penalty, assign this Lease to any related, affiliated or sister corporation or entity. ARTICLE XIII - IN DEFAULT 13.01 Tenant's Default Where the Tenant fails to perform or comply with any covenant, term or condition in this Lease to be performed or complied with by the Tenant, and the failure continues (a) in the case of payment of Minimum Rent or other payments deemed to be Rent for 10 days after the receipt of written notice from the Landlord, and (b) in case of any other covenant, term or condition of this Lease, for 10 days after receipt of written notice from the Landlord of the default where the Tenant has not cured or has not begun to cure and is not diligently proceeding to cure the default, the Landlord may enter and take possession of the Premises with or without terminating this Lease. In taking possession of the Premises, the Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of the Tenant, all without service of notice or resort to legal process and without being considered guilty of trespass or becoming liable for loss or damage occasioned thereby. —31— COUNCIL — OCTOBER 17, 2006 -14- 13.02 Bankruptcy or Insolvency If the Term or any of the goods and chattels of the Tenant on the Premises at any time during the Term are seized or taken in execution or attachment by a creditor of the Tenant, or if the Tenant or a guarantor or indemnifier of this Lease makes an assignment for the benefit of creditors or a bulk sale from the Premises or if a receiver -manager is appointed to control the conduct of the business on or from the Premises, or if the Tenant becomes bankrupt or insolvent or takes the benefit of any act now or hereafter in force for bankrupt or insolvent debtors, or if any order is made for the winding -up of the Tenant, or if the Premises, without the prior written consent of the Landlord, are used by any other person than those entitled to use them under the terms of this lease, or if the Tenant, without the prior written consent of the Landlord, abandons the Premises, the then current month's rent and the next ensuing three (3) months' rent immediately will become due and payable as accelerated rent and the Landlord may re-enter and take possession of the Premises as though the Tenant or the servants of the Tenant or any other occupant of the Premises were holding over after the expiration of the Term and this Lease, at the option of the Landlord, shall forthwith become forfeited and determined. In every one of the cases above mentioned the accelerated rent will be recoverable by the Landlord in the same manner as the rents hereby reserved and as if rent were in arrears and the option will be considered to have been exercised if the Landlord or its agents give notice to that effect to the Tenant. 13.03 Rieht to Relet If the Landlord re-enters, as herein provided, it may either terminate this Lease or it may from time to time without terminating the obligations of the Tenant under this lease, make alterations and repairs considered by the Landlord necessary to facilitate a reletting, and relet the Premises or any part thereof as agent of the Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as the Landlord in its reasonable discretion considers advisable. Upon each reletting all rent and other money received by the Landlord from the reletting will be applied (a) to the payment of indebtedness other than rent due hereunder from the Tenant to the Landlord (b) to the payment of costs and expenses of the reletting including brokerage fees and solicitor's fees and costs of the alterations and repairs and (c) to the payment of rent due and unpaid hereunder. The residue, if any, will be held by the Landlord and applied in payment of future rent as it becomes due and payable. If the rent received from the reletting during a month is.less than the rent to be paid during that month by the Tenant, the Tenant will pay the deficiency to the Landlord. The deficiency shall be calculated and paid monthly. No re-entry by the Landlord shall be construed as'an election on its part to terminate this lease unless notice of that intention is given to the Tenant. Despite a reletting without termination, the Landlord may elect at any time to terminate this Lease for a previous breach. 13.04 Remedies Cumulative The Landlord may from time to time resort to any or all of the rights and remedies available to it in the event of any default hereunder by the Tenant, either by any provision of this lease or by statute or the general law, all of which rights and remedies are intended to be cumulative and not alternative, and the express provisions hereunder as to certain rights and —32— COUNCIL — OCTOBER 17, 2006 -15- remedies are not to be interpreted as excluding any other or additional rights and remedies available to the Landlord by statute or the general law. 13.05 Waiver The waiver by the Landlord of a breach of a term, covenant or condition of this lease shall not be considered to be a waiver of a subsequent breach of the term, covenant or condition or another term, covenant or condition. The subsequent acceptance of rent by the Landlord will not be considered to be a waiver of a preceding breach by the Tenant of a term, covenantor condition of this lease, regardless of the Landlord's knowledge of the preceding breach at the time of acceptance of the rent, ARTICLE XIV - SURRENDER OF THE PREMISES 14.01 Surrender of the Premises Leasehold Improvements made by the Tenant or made by the Landlord on the Tenant's behalf shall immediately upon their placement be and become the property of the Landlord without compensation therefor to the Tenant. Except in the ordinary course of business, no Leasehold Improvements, trade fixtures, furniture or equipment shall be removed from the Premises either during or at the expiration or sooner termination of the Term without the prior written consent of the Landlord. Upon the termination of this lease the Tenant will leave the Premises in a state of good repair, reasonable wear and tear excepted. ARTICLE XV - MISCELLANEOUS 15.01 For Rent and _F_ or Sale .S'iQns The Landlord may within six (6) months before the expiration of the Term, exhibit the Premises to prospective tenants and, place on the Premises a notice of reasonable dimensions stating that the Premises are for rent. The Landlord may, at any time during the Term, place on the Premises a notice of reasonable dimensions stating that the Premises are for sale. 15.02 Entry by Landlord Notwithstanding any other provisions of this Lease, the Landlord may enter the Premises after forty-eight (48) hours written noticefor the purpose of inspecting same and for such other purpose as the Landlord may consider necessary for the protection of its interest under this Lease and for the purpose of showing the Premises to prospective purchasers and mortgagees. 15.03 Notices (1) Any notice or communication to be given under this Lease shall be in writing, may be delivered personally or pre -paid registered mail. charges prepaid as described below, and shall be deemed to have been validly and effectively given and received if delivered personally, —33— COUNCIL — OCTOBER 17, 2006 -16- on the date of such delivery, or on the fifty business day following the day on which the notice is mailed, on the date received unless in either case such notice or communication is received as the case may be after 3:00 p.m. local time or on a day other than a Business Day (being Monday through Friday both inclusive except for statutory holidays in the Province of Ontario) in which case such notice or communication shall be deemed to be received on the next Business Day. Any such notice or communication shall be addressed to the parties hereto at their addresses set out below (or such other address for a party as may be designated by such party from time to time by notice): Landlord: The Corporation of the Town of Aurora 100 John West Way, P.O. Box 1000 Aurora, Ontario, L4G 6J1 Attention: Bob Panizza, Director of Corporate Services/Town Clerk Tenant: York Region Neighborhood Services Inc. 95 Allaura Boulevard Aurora, Ontario, . (2) Such notice or communication may also be mailed in Canada by prepaid registered mail addressed to the party at the above address or such other addresses designated by the party from time to time in which case it shall be deemed to have been delivered on the fourth Business Day after mailing. 15.04 Successors and Assigns This Lease shall enure to the benefit of and be binding upon the successors and assigns of the Landlord and the permitted successors and permitted assigns of the Tenant, as the case may be. 15.05 Waiver If the Landlord shall overlook or excuse any default by the Tenant of any obligation hereunder this shall not operate as a waiver of such obligation in respect of any continuing or subsequent default and no waiver shall be effective unless expressed in writing. The acceptance of Rent by the Landlord from the Tenant or any other entity will not be considered to be a waiver of a breach by the Tenant of its obligations hereunder regardless of the knowledge of the Landlord of the breach at the time of acceptance of the Rent. —34— COUNCIL — OCTOBER 17, 2006 -17- 15.06 Force Maieure If and to the extent that either the Landlord. or the Tenant shall bona f de be prevented, delayed or restricted in the fulfillment of any obligation hereunder other than the payment of rent or other moneys due because of any cause beyond the control of the party affected thereby which prevents the performance by such party of any obligation hereunder and not caused by its default and not avoidable by the exercise of reasonable effort including, without limitation, strikes, labour disturbances, civil disturbance, acts, orders, legislation, regulations or directives of any government or public authority, acts of a public enemy, war, riot, sabotage, earthquake, fire, storm, hurricane, flood, explosion or act of God, it shall be deemed not to be a default in the performance of such obligation and any period for the performance of such obligation shall be extended accordingly and the other party to this Lease shall not be entitled to compensation for any inconvenience, nuisance or discomfort thereby occasioned. 15.07 Status Statement The Tenant will at any time, and from time to time upon not less than twenty (20) days' prior notice, execute and deliver to the Landlord or as the Landlord may direct a statement in writing certifying that this lease is unmodified and in full force and effect (or if modified, stating the modification and stating that the same is in full force and effect as modified) the amount of the fixed minimum rent and any other amounts then being paid hereunder, the dates to which by instalment or otherwise such rent and amounts and other charges payable hereunder have been paid, the particulars and amounts of insurance policies on the Premises in which the interest of the Tenant is noted, whether or not there is any existing default on the part of the Landlord of which the Tenant has notice, whether or not there are any set -offs, defence or counterclaims against enforcement of the obligations to be performed by the Tenant under this lease and as to any other matter pertaining to this lease as to which the Landlord reasonably requests certification. It is agreed that any such statement delivered pursuant to the provisions of this section may be conclusively relied upon by any prospective purchaser or purchasers or any Mortgagee or prospective Mortgagee save as to any default on the part of the Landlord, of which the Tenant giving such statement does not have knowledge at the date thereof. 15.08 Subordination and Attornment (a) This Lease and the Tenant's rights hereunder are, and will at all times (provided the encumbrancer enters into a non -disturbance agreement with the Tenant which shall be provided without charge to the Tenant and shall be in form and content satisfactory to the Tenant acting reasonably) be, subordinate to all mortgages, trust deeds or the charge or lien resulting from, or any instruments of, any financing, refinancing or collateral financing (collectively, an "Encumbrance") and to any advances thereon and renewals or extensions thereof from time to time affecting the Premises or any part thereof and the Tenant will, upon receipt of the non -disturbance agreement and written request, execute and deliver, without charge, any document requested by the Landlord to confirm the foregoing. The Tenant will also, if requested, attorn to (i) the holder of any Encumbrance, or any representative, receiver or receiver -manager appointed or designated by such holder, and (ii) any purchaser, transferee or disposee of the Premises (or any part —35— COUNCIL — OCTOBER 17, 2006 18- of it) or of any ownership or equity interest in the Premises (or any part of it), including any purchaser at a foreclosure sale or any sale under a power of sale under any Encumbrance, provided such encumbrancer, representative, receiver, receiver manager, purchaser, transferee or r disposee assumes the obligations of the Landlord in this Lease. (b) The form and content of any document requested under Section 15.08(a) will be that reasonably required by the Landlord, the holder of the Encumbrance or the purchaser, transferee or disposee, as the case may be subject to the Tenant's reasonable charges, and the Tenant will negotiate in good faith and execute and deliver any such document to the Landlord. 15.09 Reeistration The Tenant will not register this lease, but nevertheless if the Tenant desires to register a notice of this lease the Landlord will execute a notice or acknowledgement sufficient for the purpose in such form as the Landlord shall have approved and which shall describe only the parties, the Premises and the Term. 15.10 Accord and Satisfaction No payment by the Tenant or receipt by the Landlord of a lesser amount than the amount of rent herein stipulated will be considered to be other than on account of the earliest stipulated rent, nor will an endorsement or statement on a cheque or in a letter accompanying a cheque or payment as rent be considered to be an accord or satisfaction, and the Landlord may accept a cheque or payment without prejudice to the Landlord's right to recover the balance of the rent or pursue any other remedy. 15.11 No Partnershi The Landlord does not in any way or for any purpose become a partner of or joint venturer or a member of a joint enterprise with the Tenant. Notwithstanding the foregoing, the Landlord may participate with the Tenant for the purposes of securing government funding from time to time. 15.12 Vacating/Deemed Surrender If, from time to time during the Term, the Tenant ceases to occupy the Premises, the Landlord may give thirty days' written notice to the Tenant that it intends to terminate the lease, whereupon the Tenant may within such 30 day notice period, respond to the Landlord by written notice that it still needs the Premises, and giving reasons for the vacancy. If the Tenant does not respond or having responded does not reoccupy the Premises within a reasonable period of time, (having regard to the reason given for the vacancy) or if the reasons given are not reasonable, the Landlord shall be entitled to reoccupy the Premises and thereafter the Tenant shall have no further right of occupancy or possession of the Premises, the Tenant shall have no claims, including claims for costs, or other recourse against the Landlord under the terms of this Lease or otherwise and it shall be deemed a surrender of this Lease and the Lease shall be considered to —36— COUNCIL—.00TOBER 17, 2006 -19- be at an end and terminated. The Tenant shall also have the right from time to time to surrender the Lease. 15.13 Amendment to be in Writin No alteration, amendment, change or addition to this lease will bind the Landlord or the Tenant unless in writing and signed by them, 15.14 Joint and Several Liability If two or more individuals, corporations, partnerships or other business associations (or a combination of two or more) are the Tenant, the liability of each individual, corporation, partnership or other business association to pay rent and perform all other obligations hereunder shall be joint and several. If the Tenant is a partnership or other business association the members of which are by virtue of statute or general law subject to personal liability, the liability of each member shall be joint and several. 15.15 Counterpart Execution This Lease may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together shall constitute one and the same instrument. 15.16 Leasehold Improvements The Tenant covenants and agrees that all improvements made to the Premises, including the construction and placement of mobile or temporary structures shall, immediately upon the termination of this Lease or the expiry of the Term, whichever shall occur first in time, become the property of the Landlord without compensation therefor to the Tenant with the exception of any alarm system installed by the Tenant, and accordingly, the Tenant is not entitled to remove any fixtures located on the Premises at any time during the currency of this Lease without the written consent of the Landlord, except the said alarm system. ARTICLE XVI - ENVIRONMENTAL OBLIGATIONS 16.01 Definitions As used herein: (a) "Environmental Laws" means all applicable federal, provincial, regional, municipal or local statutes, regulations or by-laws or any legally enforceable policies, codes, guidelines or directives issued by any governmental authority including without limitation, the Ministry of the Environment, the Ministry of Consumer and Commercial Relations or the Technical Standards and Safety Authority relating to pollution or protection of human health or the environment. as they may be amended from time to time. Without limiting the generality of the foregoing, "Environmental Laws" shall include the Guideline. —37— COUNCIL — OCTOBER 17, 2006 -20- (b) "Guideline" shall mean the Guideline for Use at Contaminated Sites in Ontario issued by the Ministry of the Environment revised February, 1997. (c) "Hazardous Substances" means any substance or material that is prohibited, controlled or regulated under any Environmental Laws, including without limiting the generality of the foregoing, any paints, solvents, PCBs, asbestos, contaminants, pollutants, dangerous substances, toxic substances, designated substances, controlled products, wastes, Hazardous materials, dangerous goods or petroleum, its derivatives, by-products or other hydrocarbons, fumes, acids, alkali or toxic chemicals in liquid, gaseous or solid form. (d) "Release" has the meaning contained in any Environmental Law and includes, without limitation, any release, spill, emission, leak, pumping, injection, abandonment, deposit, disposal, discharge, dispersal, leaching, migration, pouring, emptying, escape, dumping, spraying, burying, incinerating, seeping or placing of Hazardous Substances, including the movement of Hazardous Substances through, on, under or in the air, soil, subsurface strata, surface water, or groundwater. (e) "Remediate" means the treatment, excavation, removal or disposal of any part or parts of the Premises in order to remove Hazardous Substances therefrom and Remediation has a corresponding meaning. 16.02 Environmental Compliance (a) The Tenant shall conduct all of its operations on the Premises in strict compliance with all Environmental Laws and shall not, except as permitted pursuant to Environmental Laws, cause or permit to be caused by any act, practice or omission or by negligence or otherwise any adverse effect on the natural environment, as such terms may be defined or applied under Environmental Laws. Without limiting the generality of the foregoing, the Tenant shall obtain all licences, permits, certificates of approvals and approvals, if required, under all Environmental Laws for its operations on the Premises. (b) The Tenant shall not cause or allow any Hazardous Substances to be used, generated, stored or disposed of, under or about or transported from the Premises except in strict compliance with all Environmental Laws and only in such amounts as are reasonably necessary in connection with the permitted use of the Premises under this Lease and using all necessary and appropriate precautions with respect to such Hazardous Substances. The Tenant shall obtain all licences, permits, certificates of approval, approvals and generator registrations required under Environmental Laws with respect to all such Hazardous Substances. (c) The Tenant shall provide copies to the Landlord of all licences, permits, certificates of approval, approvals and generator registrations required under this Section within ten (10) days of demand therefor by the Landlord, provided that CUM COUNCIL — OCTOBER 17, 2006 -21- receipt or review of same by the Landlord shall not obligate the Landlord to take any action hereunder with respect to any conditions on the Premises. (d) The Tenant shall not use any existing underground storage tanks located in any part of the Premises for any purpose without the Landlord's prior written consent which shall not be unreasonably withheld, and the Tenant shall not install or construct any underground storage tanks in any part of the Premises unless it first obtains the Landlord's prior written consent which may be unreasonably withheld and in the event such consent is granted the Tenant shall comply with all applicable laws including, without limitation, ensuring adequate secondary containment for any spills is constructed around any such tanks. (e) The Tenant shall not permit any waste to accumulate at the Premises other than in compliance with Environmental Laws and shall ensure all such waste is removed by a licenced hauler in compliance with all Environmental Laws. The Landlord may, at any time and from time to time, inspect the Premises and the Tenant's records to determine whether the Tenant is fully complying with Enviromnental Laws and its environmental obligations under this Lease. The Landlord may also, at any time and from time to time, inspect the Premises to evaluate the environmental risk. Where the Landlord reasonably considers it necessary, the inspection may be performed in whole or in part by experts and may include sampling, monitoring and other tests, all performed at the Landlord's expense. If the Landlord's inspection discloses a breach of Environmental Law or a fact situation which could reasonably be anticipated to result in a breach of Environmental Law, the Landlord will have the right to take whatever steps are reasonably required to rectify such breach or prevent such breach from occurring, as the case may be. Where the Landlord has either carried out an order thereto or has cleaned -up or restored a discharge or has otherwise incurred any expense or damage relating to an environmental problem caused by the Tenant or its employees, suppliers, invitees, customers or those for whom it is responsible in law, the Tenant will indemnify the Landlord for all costs incurred by the Landlord with respect thereto together with a reasonable administration fee. The provisions of this Article XVI will survive the termination of the Lease in respect of every event occurring during the Term, renewal, extension or overholding. 16.03 Hazardous Substances The Landlord represents and warrants the following: a) to the best of the Landlord's knowledge, the Premises are not and have not in the past been used for storage, manufacture or sale of Hazardous Substances or for any activity involving Hazardous Substances; b) the Landlord has not ransported, or caused to be transported, any Hazardous Substances to or from the Premises; c) the Landlord has not received and is not aware of any order or notification from any federal, provincial, regional county or municipal agency or authority relating to Hazardous Substances, in or near the Premises. —39— COUNCIL — OCTOBER 17, 2006 -22- The Landlord shall indemnify, defend and hold harmless the Tenant and the Tenant's parent company and their respective officers directors, employees, shareholders and agents from and against any and all liability arising from any and all losses, costs, expenses, damages, claims, demands, litigation or governmental action involving any of the following: a) any breach of the representations and warranties contained in this Section; b) the presence of Hazardous Substances on or in the Premises, unless such presence is due solely to the acts of the Tenant occurring after the Effective Date; and c) the migration of Hazardous Substnces from the Premises to any other property unless such migrating substances were located on or in the Premises immediately prior to such migration due solely to the acts of the Tenant. —40— COUNCIL OCTOBER 17, 2006 - 23 - In witness whereof the Landlord and Tenant have executed this agreement as of the date first written above. Cunmiccae Nip j D;a ct A, cT all r <e_arr r l.S01- 031. THE CORPS AURORA By: 1— Name: ( i Title: �M OF TIC- E TOWN OF By: Name: aniz Ta Title: CLERK We have authority to bind the Corporation. c!s By: d � Name: /?l T-A i e i/t qa Gc'� rdr-1/s Title: �xEecrrr �� o� ✓t cry 2 By: Name: Title: We have the authority to bind the Corporation -41- COUNCIL — OCTOBER 17, 2006 Schedule A to a Lease dated as of August 21, 2001 between The Corporation of the Town of Aurora as Landlord and York Region Neighbourhood Services Inc., as Tenant The Lands: Part of Lot 77, Concession 1, E.Y.S. Town of Aurora, Regional Municipality of York designated as Lot 26, RCP 10328, Error! Unknown document proper,), name. —42- COUNCIL — OCTOBER 17, 2006 -25- Schedule `B" The Tenant shall pay rent in the following amounts for the following periods: September 1, 2001 to August 31, 2002 $2050.00 per month; September 1, 2002 to August 31, 2003 $2100.00 per month; September 1, 2003 to August 31, 2004 $2150.00 per month; September 1, 2004 to August 31, 2005 $2200.00 per month; September 1, 2005 to August 31, 2006 $2250.00 per month; September 1, 2006 to August 31, 2007 $2300.00 per month; September 1, 2007 to August 31, 2008 $2350.00 per month; September 1, 2008 to August 31, 2009 $2400.00 per month; September 1, 2009 to August 31, 2010 $2450.00 per month; September 1, 2010 to August 31, 2011 $2500.00 per month. VcCarthr Tdtrauh TDO-RED 9810791-/ v. 2 —43— COUNCIL.- OCTOBER 17, 2006 YORK REGION NEIGHBOURHOOD SERVICES INC. 17705 Leslie Street, Suite 202, Newmarket, Ontario MY 3E3 • email: yns@socialenterprise.ca Tel: (905) 895-0809 • Toll Free: 1-866-243-9925 • Fax: (905) 953-8241 Allan Downey Director of Leisure Services The Town of Aurora 100 John West Way Box No. 1000 Aurora, ON LAG 6J1 Fax: (905) 726 4734 Dear Mr. Downey York Region Neighbourhood Services Inc is pleased to report that the now called Crescentbrook Farms Child Care Program has been expanded over the last three years to its present licensed capacity of 30 child care spaces. By providing families with the flexibility of part time care the Crescentbrook program now serves 36 children, 29 of these children reside in Aurora, 3 children have parents who work in Aurora and the remaining 4 are residents of Newmarket and northern Oak Ridges. Despite multiple challenges with the facility and terrible reputation left by the last operator York Region Neighbourhood Services with support from the Town have created a vibrant quality program that provides much needed child care spaces to the residents of Aurora. In addition to its primary use as a child care, YNS has also operated some Ontario Early Years programs and has supported a program called Children's Bridge to make use of the centre on Saturday. Children's Bridge is a support group for families that have adopted children from China. We are now in our third year of operation and we are continuing to incur an operating loss. The fee structure of the program has been created to meet the needs of general income level families and allows YNS to offer service to families who are being supported by the Regional Subsidy Program. As such we must look to reduce our overhead costs to reach solvency. I am respectfully requesting delegation status to address council on Tuesday April 20, 2004 and secure councils permission to meet with you to review the financial operation of the centre and determine options to reduce costs. I would then request that council receive this report and consider recommendations to stabilize the financial solvency of the Crescentbrook Program. Sincerely, Patricia Robertson Chief Executive Director Boys & Girls Club of York Region • Mentorprise • Ontario Early Years Centres IQ Internationally Trained Professional Services • Licensed Child Care Services Community Service Information • The'044IMhristmas • Youth at Risk Services no Youth Pre -Employment Services • YNS Translations • York Region Supervised Access COUNCIL — OCTOBER 17, 2006 �r`On fq`°d TOWN OF AURORA Rp�TeU„H EXTRACT FROM GENERAL COMMITTEE MEETING NO. 04-13 HELD ON TUESDAY, APRIL 20, 2004 & ADOPTED BY COUNCIL ON APRIL 27, 2004 V DELEGATIONS Ms Patricia Robertson, Chief Executive Director, York Region Neighbourhood Services Inc. Re: Request for Council to Consider Recommendations to Stabilize the Financial Solvency of the Crescentbrook Farms Child Care Program Ms Patricia Robertson addressed the Committee regarding Crescentbrook Farms Child Care, which is a tenant in the heritage building on the Jack Woods property. The current lease with the Town is scheduled for renewal in 2005. Ms Robertson requested permission to meet with staff to review the financial operation of the centre and determine options to reduce costs. Moved by Councillor Morris Seconded by Mayor Jones THAT the comments of 'the delegate be received and referred to staff for a report. Gc k CORRESPONDENCE SENT BY:. Corporate Services ACTION DEPT.: Leisure Services INFO DEPT.: Leqal COUNCIL — OCTOBER 17, 2006 Crescentbrook Farms Child Care Centre A.K.A. Jack Woods Property 95 Allaura Boulevard, Aurora Report To: Al Downey, Leisure Services Director Town of Aurora Patricia Robertson, C.E.O. York Region Neighbourhood Services Inc. Prepared By: Samantha Zuercher Manager, Licensed Child Care Services York Region Neighbourhood Services Inc. —46— COUNCIL - OCTOBER 17, 2006 The Purpose of this report, in keeping with the partnership between York Region Neighbourhood Services and the Town of Aurora, is to determine how to provide sustainable, affordable licensed child care as part of a plan to achieve continued solvency of the child care centre currently located at the Jack Woods Property, 95 Allaura Boulevard. -47- 2 COUNCIL — OCTOBER 17, 2006 Table of Contents • Relationship History Page 4 • Current Operating Profile Page 4 • Additional Community Value & Support Page 4 • Operating details & Challenges to Solvency Page 5 • Demand for Service Page 5 • Common Operating Costs Page 6,7 • Conclusion Page 8 • Appendix A - Child Care Statistics from the Regional Municipality of York Page 10 • Appendix B - Canada Census Information Page 12 • Appendix C - "Upper York Region" Child Care Stats. Page 13 • Appendix D - Y.R.D.S.B. Rental Formula Page 14 • Appendix E - Fee & Salary Comparison Page 15 • Appendix F - Income Vs. Expenses at Crescentbrook Page 16 -48- 3 COUNCIL — OCTOBER 17, 2006 Crescentbrook Farms Child Care Centre A.K.A. Jack Woods Property 95 Allaura Blvd. Aurora Opened by YNS: September 2001 Licensed Capacity: 30 History of Relationship between YNS & Town of Aurora: In August of 2001 York Region Neighbourhood Services (YNS) entered into a partnership with the Town of Aurora to meet the growing community need for licensed child care services. YNS assumed responsibility of the child care centre at the request of the Town as the previous commercial operator was unable to achieve solvency or quality of care. The Town of Aurora recognized the need for affordable licensed child care in Aurora. As such the Town of Aurora sought a public child care provider to operate the facility with the intent of providing long term sustainable child care services in Aurora. YNS then partnered with the Town of Aurora and through negotiations of the lease established common goals for child care service. YNS and the Town of Aurora worked diligently to re -open the center as quickly as possible. The facility was licensed to begin operation in September of 2001, with the first child attending on October 1$` of the same year. Current Operating Profile: The main house of the Jack Woods property is approximately 2475 square feet in size. Being a heritage home, the portion of space for licensed child care is 1059 square feet, or 44% of the total facility space. The center is currently licensed for a maximum of 15 toddlers and 15 pre-schoolers. To ensure the most cost effective use of space, but more importantly to extend more options of care to more families, YNS has provided the flexibility of part-time care. Using this model, the current participant profile is as follows: 36 children, 29 of whom reside in Aurora, 3 have parents who work in Aurora and the remaining 4 are residents of Newmarket and northern Oak Ridges. Additional Community Value & Support: In addition to operating child care services at Crescentbrook Farms, throughout the last three years we have also worked closely with the Town of Aurora to support several community groups at the center, providing them with space, at no cost, to conduct their programs while the child care is not in operation. —49— 4 COUNCIL — OCTOBER 17, 2006 Currently, Children's bridge runs a play group on Saturday for families who have adopted international children. This program serves 12-15 families monthly, the majority of which live in the surrounding area. The York Region Food Network is also working in partnership with our agency to operate a community garden at the south end of the property which supports the Aurora area. Other groups who have partnered with YNS and the Town of Aurora to use this facility include the Boys & Girls clubs of York Region, and the Ontario Early Years Centre for Vaughan -King -Aurora. Operating Details and Challenges to Solvency: Now in our third year of operation, we continue to incur an operating loss. The current fee structure of the program has been developed to meet the needs of general income level families and allows YNS to offer service to families who are being supported by the Regional Subsidy Program. As a heritage house, Crescentbrook Farms has also faced several structural challenges. In comparison to a new/up-to-date facility, a heritage house is limited in expansion and renovation options as a result of its designation under the Ontario Heritage Act. In addition, the facility is challenged by increased utility charges as a result of structural deficiencies such as poor insulation and inadequate windows. With little room to navigate in terms of our current fee structure, and no other way to increase the licensed capacity of the centre, we must look to reduce our overhead costs in order to reach solvency. Demand for Service: According to the Regional Municipality of York, child care services division, as of June 2004 there were 19,802 licensed child care spaces in York Region. Of that total, 1,177 licensed child care spaces were located in Aurora. The three largest child "care centers in the Aurora/Newmarket area, all report having a wait list for child care space. These wait lists range between 32%- 40% of their total licensed capacity. When you compare this information, with the Regional Subsidy wait list of 1,417 children, we can confirm that there is an immense need for licensed child care services in the region. Often families do not put their names on the wait lists because it could take years for a space to open up, as such the 1,417 on the wait list does not reflect the true need for child care services. While the need for service for Aurora families continues to grow, the situation is compounded by the fact that surrounding areas are facing the same problem, and for a —50— COUNCIL — OCTOBER 17, 2006 family to find licensed child care they must go further and further south. As such, families are turning to alternate care options such as unlicensed/informal child care. According to the 2001 census, there were 10,095 children living in Aurora between the ages of 0-14 years. However, at the end of June 2004 there were only a total of 1,177 licensed child care spaces available to these families. This would accommodate only 12% of the children in Aurora regardless of need. For the high need group of children 0- 4 years of age, which make up 30% of the 10,095 children, there are only 433 licensed spaces. With a reported labour force participation rate of 76.5 percent in Aurora, families who require child care services may be forced to use facilities in neighbouring towns, or unlicensed/informal programs to meet their needs. However, as stated earlier, neighbouring towns are facing the same wait lists and no vacancies. 13% of the 11,220 families in Aurora are Lone -Parent Families, who would not have another family member in the residence to assist with Child Care in the event that no formal child care was available. Common Operating Costs: The following chart depicts the comparison of rental costs for neighbouring child care centres. Crescentbrook Our Lady of Newpark Peek -A -Boo Farms Child Grace Child Children's Child Care Care Centre Care Centre Centre Centre Location Aurora Aurora Aurora Newmarket Licensed Cap. 30 142 72 142 Square Footage: 2475 7785 7000 8500 Square Footage 1059 5013 2542 5013 for licensing ur oses• Rental costs Not $11.00/sq. foot $6.00/sq. foot $10.52/sq. Not disclosed including utilities: foot The Crescentbrook facility was not designed as a child care centre, as such a large amount of space (1059 square feet) is not considered usable space for the child care centre. In comparison, Crescentbrook Farms is only approximately 30% of the size of the three main child care centers in Aurora/Newmarket, all of which were designed as child care centers. The rental costs at Crescentbrook however are higher than all other Aurora/Newmarket centres surveyed, with only a third of the number of children to accommodate the costs. —51— COUNCIL — OCTOBER 17, 2006 Operating Budget Details: The following chart demonstrates the general operating costs of Crescentbrook Farms Child Care Centre in comparison to the operating costs of our other centres. Operation % of Crescentbrook Budget % of other YNS Programs Salaries 61 % 62% Rent 15% 2% Utilities 4% Included in Rent Phone/Communication 1% 1% Maintenance 6% 4% Advertising & Promotion 1% Less than 1%u Program Supplies & Resources 2% 3% Audit & Insurance Costs 19% 18% Professional Development Less than 1% 1% Travel Less than 1% Less than 1% Non -direct Service Admin. 9% 10% Total Costs: Approximately 120% A roximately 102% Salary rates for Crescentbrook staff, while adequate, are below the regional average by up to 19%. As a result, staff turnover may increase which negatively impacts the caliber of the program. YNS' current investment in this program totals $90,363.82. Of that total, $40,000 was covered in the form of a loan from YNS reserve funds, the remainder of which was covered through subsidies and grant funding. • Initial capital investment: $13,668.13 • Subsequent capital investment: $10,517.15 • Year 1(Sept. '01— March `02) Revenue: $16,322.18 Expenditure: $69,088.96 Net Result: ($52,766.78) • Year 2 (April'02 — March '03) Revenue: $143,678.56 Expenditure: $165,510.81 Net Result: ($21,832.25) • Year 3 (April '03 — March ' 04) Revenue: $194,179.82 Expenditure: $209,944.61 Net Result: ($15,764.79) —52— COUNCIL — OCTOBER 17, 2006 Conclusion: YNS is still committed to working with the Town of Aurora to sustain and/or increase child care services in Aurora. YNS has worked diligently to make Crescentbrook Farms Child Care Centre a recognized facility known predominantly for its' home -like atmosphere and incredible staff team. However, due to the high overhead costs (including rental/utility costs) for a centre of its' size, Crescentbrook's parental fees are higher than the area and regional averages. Even with these higher fees, the continued costs of operating the centre are higher than the revenue generated through user fees. At this point we find ourselves unable to continue to make up this shortfall and are looking at the Town of Aurora to review its occupancy charges to allow us to bring the Crescentbrook Farms operation into solvency. Recommendations: To work with the Town of Aurora in reviewing the operation of the Jack Woods property, examining the continued feasibility of housing the Child Care Centre at the Jack Woods Property, and examining alternate options/facilities. While decreasing the overhead costs of the program is an important first step, we must also consider a long-term plan which will meet the needs of the constituents in Aurora as well as the needs of the Town itself. —53— COUNCIL — OCTOBER 17, 2006 Appendices A-F —54— 9 COUNCIL — OCTOBER 17, 2006 Appendix A -Child Care Statistics from the Regional Municipality of York: According to the Regional Municipality of York, there are 1,177 licensed child care spaces in Aurora. These licensed child care spaces are divided into the following age groups: Infant (up to 18 months): 0 spaces Toddler (18 to 30 months): 55 spaces Preschool (30 months to 4 years): 383 spaces Kindergarten (4-5 years): 72 spaces School Age (6-12 years): 539 spaces Nursery School: 128 spaces Total Licensed spaces in Aurora: 1177 Total Licensed spaces in York Region: 19,802 Crescentbrook Farms Child Care Centre currently operates 15 toddler spaces and 15 pre- school spaces, or 27% of the Toddler spaces in Aurora, and 4% of the Pre -School spaces in Aurora. In June of 2004 the number of children on the wait list for subsidized child care spaces in York Region was 1,417. In Aurora specifically there were 45 children on the wait list for subsidized child care spaces. Below is the Regional Schedule of Rates for Centre Based Child Care Fee Assistance as of January I s` of 2004. These rates are based on the average market rate across the Region of York. Next to the Region's rates are the current market rates at Crescentbrook Farms Child Care Centre: Centre Based Child Care Rates Regional Municipality of York Vs. Crescentbrook Farms Child Care Centre Age Group Regional Approved Rate Crescentbrook Market Rate Other YNS Market Rates Infant —Full-Day $49.10 N/A N/A Toddler —Full -Day $38.75 $42.00 - $43.00 $40.00 - $41.00 Pre -School — Full -Day $33.00 $37.00 - $38.00 $35.00 - $36.00 Kindergarten —Full -Day $31.80 Will Be: $37.00 (September 2004) $35.00 School -Age Rate $14.95 N/A $15.10 Nursery School Rate $14.85 N/A $15.00 —55— 10 COUNCIL — OCTOBER 17, 2006 As you can see from the previous comparison chart, our rates are higher than both the Regional Average Market Rate and our other in-house child care rates. This is directly attributable to the need to cover our operational and overhead costs at the Crescentbrook Farms location. As the Average Market Rate determined by the Regional Municipality of York is 8%- 14% lower than the market rates at Crescentbrook, the child care centre inevitably loses income with each fee assisted child who attends the program. —56— 11 COUNCIL — OCTOBER 17, 2006 Appendix B - Canada Census Information: 2001 Census —Aurora, Ontario Total Number of Families: 11,220 4Number of Married -Couple Families: 9,005 Average number of persons in Married -Couple families: 3.4 ->Number of Common -Law Families: 815 Average number of persons in Common -Law families: 2.5 ->Number of Lone -Parent Families: 1,400 Average number of persons in Lone -Parent Families: 2.6 Households containing a couple (married/common-law) with children: 6,335 (of 12,990 households) Age Characteristics of the Population (child specific): Age 0-4 2,905 Age 5-14 7,190 Conclusions/Assumptions ReLyarding Census Data & Region of York Statistics: • According to the 2001 census, there were 10,095 children living in Aurora between the ages of 0-14 years. However, at the end of June 2004 there were only a total of 1,177 licensed child care spaces available to these families. This would accommodate only 12% of the children in Aurora regardless of need. • According to the Region of York child care statistics, as of June 2004, there were 433 child care spaces for children between the ages of 18 months — 4 years in Aurora. However, the 2001 census reports that as of 2001 there were 2,905 children living in Aurora between the ages of 0-4 years. As such only 15% of these children can be accommodated in licensed spaces. Note: No licensed accommodations exist for children less than 18 months of age in Aurora. • With no licensed child care spaces available for infant care in Aurora, the concern we hear most often from working parents is that they need to go back to work but do not have any licensed child care options from when their child is 12 months of age (and the maternity leave ends) to when they are 18 months of age. • With a reported labour force participation rate of 76.5 percent in Aurora, families who require child care services may be forced to use facilities in neighbouring towns, or unlicensed/informal programs to meet their needs. • Parental Fees at Crescentbrook Farms Child Care Centre are 10%-16% above the Regional Average Market Rate according to the Region of York. • There are a reported 7,190 children between the ages of 5-14 living in Aurora, and only 611 licensed child care spaces available for that age group. The size and location of Crescentbrook Farms prevents it from capitalizing on this child care shortfall. • 13% of the 11,220 families in Aurora are Lone -Parent Families, who would not have another family member in the residence to assist with Child Care in the event that no formal child care was available. —57— 12 COUNCIL - OCTOBER 17, 2006 Appendix C - "Upper" York Region Child Care Centres Comparison Chart: Several child care centres in the Aurora and Newmarket area were surveyed with regards to their fees, licensed capacity, rental costs etc. Below are the centres who have chosen to participate and the information that was disclosed. Crescent- Teddy Peek -A - Criteria brook St. Clare O.L.G. Cardinal Newpark Good Bear's Boo Children's Carter Ctr. Shepherd Picnic C.C.C. Wood- New- New - Location Aurora bridge Aurora Aurora Aurora Newmarket market market Town of Church Building owner Aurora YCDSB R.C. YCDSB Private YCDSB Private Private Licensed Cap. 30 38 142 50 72 40 67 142 4 Wait List 2 Wait list Minimal Wait List VacancieslW.L. Vacancies 3 Vacancies over 45 Vacancies Unknown # Vacancies Full I over 50 Sq. Footage 2400 2475 7785 4045 7000 2069 Unknown 8500 $11.00/sq. foot NOT $1.41/sq. $6.00/Sq. $2.85/sq. $10.52/sq. $3.71/sq. incl. foot NOT foot NOT foot incl. foot NOT foot incl. Not Not Rent Utilities incl. utilities incl.utilities utilities incl. utilities utilities disclosed disclosed Feeslday: Toddler $42-$43 $40-$41 n/a $27.40 N/A $36.00 $37.00 $36.00 Pre-school $37-$38 $35-$36 $33.00 $29.40 $34.66 $30.00 $33.00 $31.00 Kindergarten $37 $35 $26.00 n/a $32.58 $28.00 $33.00 $31.00 Please Note the Following: • The program closest in monthly rental costs in Aurora to Crescentbrook is a facility that is almost three times the size of Crescentbrook and as such has a much higher licensed capacity. • Our Toddler Fees are 12-35% higher than the other programs in Aurora/Newmarket. • Our Pre-school Fees are 6-21 % higher than the other programs in Aurora/Newmarket. • Our Kindergarten Fees are 11-30% higher than the other programs in Aurora/Newmarket. • The large wait lists at O.L.G. child care centre, and Peek -A -Boo child care centre are for School -Age Care and Infant Care respectively. —58— 13 COUNCIL — OCTOBER 17, 2006 Appendix D - York Region District School Board, Child Care Rental Rates: At the York Region District School Board the following equation is used to determine rental costs for child care space. This equation is based on the Ministry of Education's equation for each school. The equation includes a cost for Operations & Maintenance, as well as a cost for Building' Renewal. The building renewal cost is collected monthly, at such a time that a repair is required, for example if the roof needed to be repaired, the child care centre is not charged for that repair. The cost is charged based on 75% capacity as the full space is not always `usable' $5.20 * Licensed Capacity * 75% = Operations & Maintenance Cost $0.64 * Licensed Capacity * 75% = Building Renewal Cost For most centres with a licensed capacity of 40 children the total rent will be $1460/month. —59— 14 COUNCIL — OCTOBER 17, 2006 Appendix E - Parental Fees & Salary Comparisons: Below is a chart detailing the comparison between the fee & salary survey conducted by Umbrella Central Day Care Services, the PCPC Toronto salary survey, and York Region Neighbourhood Services actual fees and salaries at Crescenthrook Farms Child Care centre. Criterion Umbrella ("905" Incl. Aurora) PCPC ("905" incl. Aurora) YNS-Crescentbrook Toddler fees $699.80 Unknown $903.00 Pre-school fees $631.00 Unknown $795.50 WSK $451.50 (when not in school) Unknown $795.50 (full-time at ctr.) Supervisor Sal $41000.00 $19.63/hr $33400.00 (=$18.35/hr) ECE Salary $30000.00 $15.70/hr $29000.00 ($14.00/hr Assistant Salary $23187.00 $11.54/hr $21840.00 ($12.00/hr) Paid Sick Leave 8 days Unknown 15 days Vacation 5% have 3 weeks to start Unknown 3 weeks to start 6% have four weeks after 5yrs Unknown 4 weeks after 5 years Pension Plan 45% offer pension plan Unknown No Pension Plan Life Insurance 86% cover 100% Unknown 0% Covered Food Catering $3.15/day Unknown $2.85/day plus snacks Fee & Salary Comparison Information: • The toddler fees at Crescentbrook Farms Child Care Centre are 23% above the average determined by Umbrella. • The Pre-school fees at Crescentbrook Farms C.C.C. are 21% above the average determined by Umbrella for the York Region area. • The salary of the centre supervisor at Crescentbrook Farms C.C.C. is 19% lower then the average supervisor salary as determined by Umbrella for the York Region area. • The salary of an ECE at Crescentbrook is 3% lower then the average determined by Umbrella for the York Region area. • The Educational Assistant salary at Crescentbrook is 6% lower then the average determined by Umbrella for the York Region area. —60— 15 COUNCIL — OCTOBER 17, 2006 Appendix F - Income vs. Expenses at Crescentbrook Farms C.C.C: Operation Year Income Salary Cost Rental Cost Utility Cost Food Cost Prog. Supply Cost Advert. & Promo. Maint. Cost Sub - total Costs 9/01-3/02 $16,322 193% 88% 6% 6% 27% 7% 570/, 3840/, 4/02-3/03 $143,182 61% 15% 4% 8% 2% 1% 6% 97% 4/03-3/04 $192,589 61% 13% 2% 8% 1% 0.5% The above comparison shows the percentage of program income spent in the seven main areas of a child care budget. Spending in the following areas are not included in the comparison chart above: Telephone/Internet costs, Staff Professional Development, Travel Costs, Furnishings/Equipment, Office & Administration Costs. With regards to the comparison please note the following: • In our first year of operation, the cost of running the program far exceeded the income generated. Typically a program would not be opened with less than 5-8 children, however Crescentbrook was opened with only one child in order to meet the timelines put in place by the Town of Aurora. • In the last two years, spending in areas such as Program Supplies, Advertising & Promotion and Staff Professional Development were limited in order to reduce the deficit that was incurred. As a result these areas were extremely under -spent. • The combination of rental and utility costs are upwards of 15% of the income generated. —61— 16 COUNCIL — OCTOBER 17, 2006 Request for Change In Terms Of Partnership: York Region Neighbourhood Services Inc, in partnership with the Town of Aurora, remain concerned and committed to meeting the need for quality child care programs for Aurora families. The ongoing operation of the child care service at the Jack Woods property indicates that current expenditure levels must be reduced in order to reach financial solvency while maintaining the current fee structures, license requirements and quality standards. To this end, York Region Neighbourhood Services Inc is requesting the following support from the Town of Aurora: • Readjustment of the facility rental rate to reflect the low range of the current commercial estimate secured by Mr. Downey. • Inclusion of utilities and seasonal maintenance into the new rental rate. • An operating subsidy of 35% off the rental rate. • Extension of the additional 5 year option on the lease agreement. * Please see the attached budget for a cost detail on each request item. YNS is asking that the Town of Aurora recognize that affordable fee based child care operated by non profit organizations in partnership with municipalities and Boards of Education receive significant rent and/or wage subsidies to keep fees within recommended provincial rates. Further it is our hope that council will recognize our commitment to the program in noting the initial capital funds and grant dollars that YNS has invested into the Jack woods property and program. Prior year and current year audited and/or prepared financial statements can be made available to Council should additional financial data be desired in the review and consideration of our request. —62— q T l C i N Q w w w N r N N tm0 IOo N N w w w w w w O O OR 00 m O O O G 0 V' a M N n R M m m o O M d' O O d' m N•! N m n rrn ? 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IG V r M r ON M m V N Qi M V N M1'. w wwww w w wwwVlwwwwwwwww w w.FAw M M no 00 rn n o O G rn O N O M m M m M N V M M V_Mao N V r O a,R M m n R m �rn m O V rn r'm.'V r M O N ' N m'd: N N N C6 M rn m m co rn O O RM O N O M M M M N g M M V M O N m rn' rn V: V: rn r.m V r Ip ON M M V r r MM v`' H w w w w w w w w w w� w w w w w w w w w w w�ww M rn m m 0 0 m O O C rn O N O M m rn V lO M N V M M V M O O N Y O m n V m n R m N'rnm w wwww w w ww w!/Fwwwwwwwww w w:ww M N M m co M O O b M O N O M m M V m VV on V mobN V'�-omrR d' M m m rn m V V rn m N V r M O N' N m 4V N w wwww w w ww w�nwwwwwwwww w w'u�'w 41 O N O [7 m m O V w M M N V R n m m m O O N V' O m n - rn rn n n m ' 00 a d; ! ' m: V rip r ON '' V q It N pj V o r r { ! r N N m w tq b9 wtA w w wwwlilwwwbiwwwfHw H3 w<R'w m m mM 00 e0 OO�OrnONOMmrn O Vicm M N V n n c M O b N V r O m r R m rn n R m r ' rn0 V d: ' m.V rM ON w wwww w w wwwyiwwwwwwwww w wfRw M M on M M O O O"O M O N O M m M N v m.'r M m N M M M O M O OWN V O m r R M m'R R m rn ' rnm V:V m ' m'V rip ON �Nj m N Ol m V' r r N V- r ry N M 'n w wwww w w ww wiiiwwwwwwwww w wufw li M '! 1 on Y l m O O O �O O 1 O N O m m m N V�• m rn' of vi v r r M _ci N M.; ' w wwww w w wwwiN:wwwwwwwww w wtf1'w M M m M M m O moo .O m O N O M m m n Ltd r lM0 m'mW VQ O MOr b•V yip �m Oct'' m M ai M v r r ec r N ni w wwww w w www�.w wwwwwwww w w��Tw m m - C y N 3i W am '.•: p n �. a E Or m �.n O F ea da yyy�o.c Q'� a 3'5 ul u. a f/J U m t a c M (D c_ M C N N N m N cm Ml m m c Nc m 2avmd>> oTnEaO] `COmI W rn titw W Z mmF M dP a..e=FaO Q Rm'XlL0 N Qb: LL' w w w N J UI N o o O 'O[1 IMp O H O O N m 0 +bff o 0 0 0 JUL-13-2006 10:13 AM YNS 9059538241 P.02 COUNCIL — OCTOBER 17, 2006 Fax: 905 726 4734 Hi Al, Isere is the projected budget that went to the board. We discussed a rent of 6,000 at 500 per month, in addition to utilities. The enclosed budget draft shows an ongoing loss of about 28K the 6 K would bring that too a loss of 34K. Increasing revenues or reducing costs was discussed but a fee increase would put the cost above the reach of the families that need the program and over our regional subsidy rates. Staff are an a hold the line on pay rates. We are always getting requests for service. Last year the program finished the year with a $21,444,00 loss. I can send an audit when ifs done. Adding another 6 k for last years rent would be problematic for us. We have no ftmds to draw from to pay that rent if they decide to bill us. Accumulative investment still remains well over I OOK. The community needs this service. It also supports groups like the food program and the adoption support groups that use it on weekends. Hence the reason we keep putting funds into it. Maybe you can let the Bossrs know we are looking at an investment of funds for the youth centre as well mud then do your best begging on our behalf. I know as long as the town is continuing to support the program with us as a partner, the board will continue to operate the service for the community. Pat, —64— COUNCIL — OCTOBER 17, 2006 EXTRACT FROM COUNCIL MEETING NO. 06-22 HELD ON TUESDAY, JULY 11, 2006 11. FS06-022 - 2"d Quarter Financial Statements Moved by Councillor Kean Seconded by Councillor Hogg THAT the issue of outstanding rental payments from Jack Woods for 2005 and 2006, as outlined on page 3 of report FS06-022, be referred to Leisure Services staff, CARRIED Moved by Councillor Kean Seconded by Councillor Hogg THAT the 2"d Quarter Financial Statements be received. CARRIED CORRESPONDENCE SENT BY: ACTION DEPT.: Leisure Services INFO DEPT.: Financial Services, Legal —65— COUNCIL — OCTOBER 17, 2006 EXTRACT FROM GENERAL COMMITTEE MEETING NO. 06-02 HELD ON TUESDAY, JANUARY 24, 2006 & ADOPTED AT COUNCIL ON JANUARY 31, 2006 V DELEGATIONS (b) Ms Patricia Robertson, CAO, York Region Neighbourhood Services/Social Enterprise Canada Mr. Randy Reid, Director, Boys and Girls Clubs of York Region Ms Kim Thompson, Director, Ontario Early Years Services Re: Proposal for Use of Jack Woods Property Ms Pat Robertson, Ms Kim Thompson and Mr. Randy Reid provided the Committee with an overview of the services provided by the York Region Neighbourhood Services/Social Enterprise Canada including the Ontario Early Years Services and the Boys and Girls Clubs of York Region. Ms Robertson requested the support of Council to work with the York Region Neighbourhood Services to develop the Jack Woods property into a community environment to potentially house a childcare centre, a Boys and Girls Club, and Ontario Early Years Services. Ms Robertson further requested that they work with Town staff to determine the feasibility of developing and creating a potential model for the property. General Committee recommends: THAT the comments of the delegation be received and referred to staff for a report. CARRIED CORRESPONDENCE SENT BY. ACTION DEPT.: Leisure Services INFO DEPT.: PENDING COUNCIL - OCTOBER 17, 2006 AGENDA ITEM # 3 Ut'TOWN OF AURORA COUNCIL REPORT No. PW06-056 SUBJECT: Northeast Quadrant Traffic Calming Plan - Multi -way Stop Signs at Birch Court/Cedar Crescent/Walton Drive FROM: W. H. Jackson, Director of Public Works DATE: October 17, 2006 RECOMMENDATIONS THAT the approved Northeast Quadrant Traffic Calming Plan not be revised to retain the multi -way stop signs at the intersection of Birch Court/Cedar Crescent/Walton Drive. BACKGROUND Council at its meeting of October 10, 2006 considered the attached Report PW06-052 (Northeast Quadrant Traffic Calming Plan - Poll Results) and resolved: "THAT Council approve the design for the Northeast Quadrant Traffic Calming Plan, as presented in Report PW06-041; THAT staff be directed to submit the necessary "Road Alteration By -Law" to the October 17, 2006 Council meeting for approval, and THAT, assuming the "Road Alteration By-law"is adopted by Council on October 17, 2006, staff be directed to publish the "Notice of Study Completion" for the Class Environment Assessment for the Northeast Quadrant Traffic Calming Study; and THAT staff provide a report at the October 17, 2006 Council meeting regarding concerns raised by Mr. Gary Camick and further regarding clarification as to whether retaining the four way stop signs at the intersection of Birch Court and Walton Drive, will impede the Environmental Assessment process." The last section of the resolution was added by the General Committee on October 3, 2006 after hearing from a delegate who had addressed the meeting and expressed concerns with the proposed removal of the multi -way stop signs at this intersection. -67- COUNCIL — OCTOBER 17, 2006 October 17, 2006 .2. Report No. PW06-056 COMMENTS 1. Concerns raised by Resident The delegate expressed the concern that the heavy traffic volume and driving speed in this area creates a potential dangerfor residents in the area which would be aggravated bythe removal of the stop signs. 2. Northeast Quadrant Traffic Calming Plan The Northeast Traffic Calming Plan was developed with the goals of: • Discouraging traffic from using the local streets in the study area; and • Encouraging drivers, especially those using Mark Street and Walton Drive, to drive at the speed limit, without the need for police enforcement. The measures used to control the traffic speeds on Mark Street and Walton Drive include the installation of speed cushions and chicanes on both streets and the removal of the multi -way stop signs at this intersection. The intent is to encourage motorists to drive at a safe speed (the speed limit). The design is intended to be self -enforcing and to function without requiring police enforcement. The design includes the removal of the all -way stop control at the intersection of Cedar Crescent/Birch Court/Walton Drive. As explained in Report No. PW06-041, the all -way stop control at this intersection is not warranted based on the Town's policies. 3 Consequences of Changing the Traffic Calming Plan to Retain the Multi -way Stop Signs Staff has consulted with our outside legal counsel and they have confirmed that projects moving through the Class Environmental Assessment process can be modified without triggering the need for new rounds of public consultation, etc., as long as the change does not materially affect the overall intent of the proposal. Based on this consultation, staff is of the opinion the retention of all -way stop control at the subject intersection would not constitute a material change to the plan. Council can therefore change the Plan by directing that these multi -way stop signs be retained without causing problems with the completion of the Class EA for the overall project. OPTIONS Council may decide to retain the multi -way stop signs at the intersection of Walton Drive/Birch Court/Cedar Crescent. 1= COUNCIL — OCTOBER 17, 2006 October 17, 2006 FINANCIAL IMPLICATIONS None CONCLUSIONS -3- Report No. PW06-056 A traffic calming plan as been developed forthe areas known as the northeast quadrant of Aurora. The plan incorporates a number of different physical changes to the roadways in the study area with the intent of minimizing local street traffic and the speed of traffic on Mark Street and Walton Drive in particular. Although the all -way stop control at the intersection of Walton Drive/Cedar Crescent/Birch Court is unwarranted under the Town's policies and the removal of the stop signs on Walton Drive at this location is part of the traffic calming plan, it is believed retaining all -way stop control at this location would not be a material change to the plan or impede the environmental assessment process in any way. LINK TO STRATEGIC PLAN Goal "C" — Promote a healthy environment that fosters social and physical well-being Objective "C2" — Enhance and promote public safety Action — Encourage better traffic movement though and outside of the downtown core ATTACHMENTS • Appendix "A" — Report PW06-052—Northeast Quadrant Traffic Calming Plan — Poll Results PRE -SUBMISSION REVIEW Management Team meeting of October 11, 2006 Prepared by: David Atkins, Manager of Engineering Services, ext. 4382 W. H. iatksbn l John S. Rogers Director of Public Works C.A.O COUNCIL - OCTOBER 17, 2006 APPENDIX "A" 'TOWN OF AURORA GENERAL COMMITTEE REPORT No. PW06-052 SUBJECT: Northeast Quadrant Traffic Calming Plan -Poll Results FROM: W. H. Jackson, Director of Public Works DATE: October 3, 2006 RECOMMENDATIONS THAT Council approve the design for the Northeast Quadrant Traffic Calming Plan, as presented in Report PW06-041; THAT staff be directed to submit the necessary "Road Alteration By -Law" to the October 17, 2006 Council meeting for approval; and THAT, assuming the "Road Alteration By-law" is adopted by Council on October 17, 2006, staff be directed to publish the "Notice of Study Completion" for the Class Environment Assessment for the Northeast Quadrant Traffic Calming Study. BACKGROUND On August 22, 2006, Council considered Report PW06-041 (Northeast Quadrant Traffic Calming Project - Proposed Traffic Calming Plan) and resolved: 'THAT Report No. TSAB06-041 "Northeast Quadrant Traffic Calming Project - Proposed Traffic Calming Plan" be received; and THAT Council: approve in principle the Traffic Calming Plan for the Northeast Quadrant; and authorize the consultant to conduct a poll of households within the Northeast Quadrant to ascertain their views on the traffic calming design as contained in Report No. PW06-041; and THAT subject to a successful poll as described within Report No. PW06-041, staff be authorized to post the necessary advertising for the road alteration by-law; and THAT subject to the passing of the road alteration by-law the consultant be authorized to issue the "Notice of Study Completion",- and THAT should there be no appeal to the Ministry of the Environment during the 30- day review period after the publication of the "Notice of Study Completion" that the -70- COUNCIL — OCTOBER 17, 2006 October 3, 2006 - 2 - Report No. PW06-052 implementation of the Traffic Calming Plan be referred to the 2007 Capital Budget process for Council's consideration, including funding for an evaluation report on the impact of traffic on the surrounding neighbourhoods. THAT Public Works and Central York Fire Services be consulted regarding possible concerns they may have on the proposed recommendations. COMMENTS The following are the results of the above noted Poll. 1.0 Neighbourhood Poll Under the Town's Traffic Calming Policy, a successful Poll must achieve a 60% response rate from residents/businesses within the Study Area, and of those responses there must be a 60% approval rate. On September 5, 2006 the attached letter (see Appendix "A") was delivered to all residences and businesses within the limits of the Study Area for the Northeast (NE) Quadrant Traffic Calming Study. The Poll closed on September 18, 2006. A 67% response rate was achieved during the Poll, and of the responses just under 72% voted in favour of the Plan. The Poll requirements of the Traffic Calming Policy have therefore been met and the process can now move on to the next steps. 1.1 Comments received with Poll Submissions A number of different comments, both positive and negative, were received from residents when they submitted their responses to the Poll. The only repeated comment received, however, was from a number of residents on Birch Court and Cedar Crescent who are concerned with the proposed removal of the all -way stop signs at the intersection of Walton Drive/Birch Court/Cedar Crescent. Eight responses were received from the 12 residences on Birch Court, and all noted that they would only vote "yes" if the all -way stop signs were to remain. Inasmuch as the Poll was requesting responses to the Plan as a whole, these responses were counted as being "No" votes. Thirteen responses were received in total from the 18 residences on Cedar Crescent, with 8 voting "No", and 4 of those 8 stating that they would have voted "Yes" if the all -way stop signs were to remain. Fifteen responses were received in total from the 29 residences on Walton Drive, with 4 voting "No", and 2 of those 4 requesting that the multi -way stop signs remain. —71— COUNCIL — OCTOBER 17, 2006 October 3, 2006 .3- Report No. PWO6-052 1.2 Staff Response to Resident's Concerns Although the Town's consultant had stated in an e-mail to a resident during the course of the Poll that he could support the retention of the multi -way stop sign control atthe intersection of Walton Drive/Birch Court/Cedar Crescent if it meantthe Poll was approved by residents of Cedar Crescent and Birch Court, staff do not agree with this position for the following reasons: The multi -way stop signs are not warranted at this intersection based on the Town's multi -way stop sign warrants. Staff are undertaking a program to review all multi -way stop sign locations in the Town, with the goal of bringing a report to the new TSAB in 2007 (or to Council should the next Council not reinstitute the TSAB) to recommend the removal of unwarranted multi -way stop signs throughout the Town. Leaving this unwarranted multi -way stop location in place would make it very difficult to remove other unwarranted stop signs in the Town; One of the main goals of the Plan is to make it easier for traffic to use the collector roads, Mark Street and Walton Drive, and more difficult for traffic to use the local streets. Leaving an unwarranted stop sign in place along Walton Drive is contrary to this goal. Traffic tends to flow where it can move most efficiently, and leaving an unwarranted impediment along Walton Drive is contrary to the goal of enticing the traffic to use the collector streets and not the local streets; The Traffic Calming Plan has consistently been presented as an "all -or -nothing" solution. Making this change to the Plan solely in order to win support from a certain group of residents, while other residents in the Study Area were voting on the Plan on an "all -or -nothing" basis, is neither fair nor proper. Staff have advised residents who enquired about this issue that votes received stating that they would only vote "Yes" if the multi -way stop signs at this location were removed would be counted as "No" votes in the results of the Poll. Staff also advised these residents that since this matter was the only one that staff received any significant comments about during the course of the Poll, mention of it would be made in this report so that the matter was brought to Council's attention. 2.0 Road Alteration By-law Assuming Council approves the recommendations of this report, the next steps are to enact the Road Alteration By-law and then issue the "Notice of Study Completion" for the Class Environmental Assessment (EA). Normal practice would have been to wait for final approval of this report priorto placing the required advertising for the Road Alteration By-law. However, given the timing of the remaining Council meetings prior to the election, this is not possible. The advertisements for the By-law have therefore been placed in the Era Banner for today (October 3) and —72— COUNCIL — OCTOBER 17, 2006 October 3, 2006 - 4 - Report No. PW06.052 October 10, 2006, although the standard wording has been revised to reflect that the By- law will only be considered upon successful adoption of the recommendations of this Report by Council. 3.0 Timing Assuming the successful adoption of the Road Alteration By-law on October 17, 2005, the Notice of Study Completion for the NE Quadrant Traffic Calming Study Class EA will be issued. Once the 30-day appeal period is up, assuming no "Part 2" or "bump -up" requests have been made, the Class EA will be approved. Staff will then be able to commence the detail design work for the Traffic Calming Plan, which will among other things, allow for detailed cost estimates to be generated to be presented for Council's consideration as part of the 2007 Capital Budget. Should the budget for this project be approved, staff are intending to include the traffic calming works in the contract for the reconstruction of Mark Street, Oak Court, Birch Court, and Cedar Crescent. This will allow for the best coordination of the implementation of the works, and likely better costs. OPTIONS Council may decide not to give final approval to the design of the Traffic Calming Plan. Council may decide to retain the multi -way stop signs at the intersection of Walton Drive/Birch Court/Cedar Crescent. FINANCIAL IMPLICATIONS As discussed in Report PW06-041, funding for the implementation of the NE Quadrant Traffic Calming Plan will be presented to Council for consideration as part of the 2007 Capital Budget. This will include funding for an evaluation of the impacts, if any, that the implementation of the Traffic Calming Plan might have on the area to the north of the Study Area, as requested by Council. CONCLUSIONS As required under the Town's Traffic Calming Policy, a poll of residents and business people within the study area has been undertaken. The results of the poll (67% response of which 72% approved of the Traffic Calming Plan) met the Policy requirements and hence, the next steps toward implementation are proposed in this report. —73— COUNCIL — OCTOBER 17, 2006 October 3 2006 - 5 • . Report No. PW06-052 LINK TO STRATEGIC PLAN Goal "C" — Promote a healthy environment that fosters social and physical well-being Objective "C2" — Enhance and promote public safety Action — Encourage better traffic movement though and outside of the downtown core ATTACHMENTS • Appendix "A' - September 5, 2006 letter to residents in the Study Area • Appendix "B" - Northeast Quadrant Traffic Calming Plan PRE -SUBMISSION REVIEW Management Team meeting of September 27, 2006 Prepared by: David Atkins, Manager of Engineering Services, ext. 4382 /�/ LLZ____ W.H.Jac.on Director of Public Works John S. Rogers C.A.O —74— r+rrtNUIX "A" COUN L4_— OCTOBER 17, 2006 DEPARTMENT OF PUBLIC WORKS 1 Municipal Drive Reply to: W. H. Jackson, P.Eng. Box 1000, Aurora, ON L4G @1 V AT TYOD e Director of Public Works 1�L ' (905) 727-3123, Ext. 4371 www.e-aurora.ca wlackson(1a e-aurora.ca yow'M in, good cawcpcutiy September 5, 2006 Residents of Birch Court, Catherine Avenue, Cedar Crescent, Centre Street, Fleury Street, Maple Street, Mark Street, Oak Court, Spruce Street, Walton Drive and Wells Street North Re: NE Quadrant Traffic Calming Study — Resident's Poll Regarding Traffic Calming Plan Dear Residents, On August 22, 2006 Council considered Report PW06-041 (Northeast Quadrant Traffic Calming Project — Proposed Traffic Calming Plan) and resolved: "THAT Report No. TSA606-041 "Northeast Quadrant Traffic Calming Project — Proposed Traffic Calming Plan" be received; and THAT Council: • approve in principle the Traffic Calming Plan for the Northeast Quadrant; and • authorize the consultant to conduct a poll of households within the Northeast Quadrant to ascertain their views on the traffic calming design as contained in Report No. PW06-041; and THAT subject to a successful poll as described within Report No. PW06-041, staff be authorized to post the necessary advertising for the road alteration by-law; and THAT subject to the passing of the road alteration by-law the consultant be authorized to issue the "Notice of Study Completion'; and THAT should there be no appeal to the Ministry of the Environment during the 30-day review period after the publication of the "Notice of Study Completion" that the implementation of the Traffic Calming Plan be referred to the 2007 Capital Budget process for Council's consideration, including funding for an evaluation report on the impact of traffic on the surrounding neighbourhoods. THAT Public Works and Central York Fire Services be consulted regarding possible concerns they may have on the proposed recommendations." The underlined sections of the resolution were added by Council during the debate on the staff Report. The next step in this project, and the intent of this letter, is to initiate the resident's poll that is required under the Town's Traffic Calming Policy. It is required that the poll have a 60% response rate from ,iouseholds or businesses in the Study Area, and that there be a 60% approval of the proposed Traffic Calming Plan. —75— COUNCIL - OCTOBER 17, 2006 �K6� � 9 C 0iY Q 2i a` € 2 ly 11 `L y' uxi 'Q ti L 2 r 'al o 0.1 uMo `yeI 1 O o a .7F O III i I ' I �i lr EVE III 55 � waYNAbMNNtltl TflILLBIIONI F1h� ��{ y t ""� -= •,,. ��' ^3i� � ll 2 � 5 �� f _ it �U� Y Y� %I f � � L 'n-IMA x s � 1.1 ,v { i I i� �-. 3 3 .,... -.vim,., �'� '• A �._ � Imo,-i� IC,Ek V V 1 WWt ie '� x 1 0 ' Y I - ,,' lz q S'" -76- COUNCIL — OCTOBER 17, 2006 October 17, 2006 - 3 - Report No. PW06-053 FINANCIAL IMPLICATIONS The capital implications of either completing the street light installations or removing them are presented in Section 3 above. Funding for these options is available within the capital budget for the road reconstruction project. With respect to the operating costs for the additional four streetlights, energy would cost about $75 per year per light or $300 total per year and the maintenance would cost an average $20 per year per light or $80 total per year over their economic life. CONCLUSIONS As is typical with road reconstruction projects, the existing lighting levels were evaluated for compliance with the Town's existing street light design standards. Based on the lighting calculations, the existing level of illumination and uniformity were not adequate at certain locations on Glenview Drive and on Eldon Crescent. Accordingly, four additional poles with luminaires were proposed and included in the design for the reconstruction of the subject streets. A number of residents of the affected streets have come to Council to object to the installation of the subject poles and luminaires and Council has requested staff to report on this issue. LINK TO STRATEGIC PLAN Goal "C" as it relates to social and physical well-being and Goal "D" as it relates to open and transparent governance. ATTACHMENTS Appendix "A" — Letter Entitled "Illumination Improvements for Glenview Drive" Appendix "B" — Key Plan Showing Locations of Proposed Street Lights PRE -SUBMISSION REVIEW C.A.O. — October 13, 2006 Prepared by. W, H. Jackson, Director of Public Works, Ext.# 4371 W. H. Jack on la Rogers Director of Public Works C.A.O —79— �1�� i�an`� s� ��,.a,•,-,wlv.�,8�- � �,u� s��,�,c� zr�ca �U `.N CT�"^J S� .a SitJq V�2�}�•? Yj v.o� o �' �.' -a 'a4, �,c,c��,-ai, x-,� •vcn-ol Imo � �--no �u��.ko� ��.� ��`�1 �4U o�7 �UIvJ \ �r•��c�ro >��3�A 112D"�"l'y,7�'� �^V iuA.J•o{��l Kb`.t..vc.��¢, ��4' �tJ �*c� U1 I S�L�7„'X'�a(rr'c+7�w..1 �.hOk-4•b5 L11W1•�'1J 11� ! `�b�.0 O JM b"�lJr2.1' �✓"��'J�� W Ea�oacl �vc��va�5 b `sroc� Sv '�$G�3r79y1v 'p-)L 1 aa410 r �d0,�-j�ytp� • ryl slolaagp �, I�aunop,�o siagway� 01 alLYTIOW3 SmaOa .\7uy-\13J tMv2 XION3ddtl 900Z `Lf 8380100 - 110Nf100 COUNCIL - OCTOBER 17, W -e- w-ere ate© \- �(ewk"�a\ OL,,- 0 k)-e- vx--�- 2006 `�� i r� e�••� icr , r vcv� � 6 CD ° D- � �l�(`L�-�Zi. S•�v� "��1�5 _\ 1.9.`r1T12C�5�� t�G�`�� C�r�cl�st�S Ad 0<4 COUNCIL - OCTOBER 17, 2006 P, APPENDIX "B" W ry U FAIRWAY DRIVE 77 75 71 7/ 63 61 59 9 7B 2D 76 25 24 23 22 2 20 19 18 17 16 26 28 29 80 I 32 33 34 35 36 2l 74 i2 27 J6 i4 167 1sy J2 /6 1ST 2 6 4 2 22 72 GLENVIEW I Q DRIVE:(,-,,)Q R 25 6B ❑ 50 25 23 2/ J9 17 !.Y !3 // 9 7 5 3 J 63 3' 49 48 47 46 45 44 43 42 41 40 39 30 37 2G 66 V/ 39S 44 43 42 41 40 39 38 37 36 35 34 33 32 $1 30 27 6/ J4 32 x 2B 26 24 22 26 /2 /6 /4 !2 /0 2 6 4 28 D LOCATIONS OF PROPOSED STREET LIGHT KEY PLAN SHOWING LOCATIONS OF PROPOSED STREET LIGHTS PUBLIC WORKS DEPARTMENT OCTOBER 2006 -82- COUNCIL — OCTOBER 17, 2006 LAG aA:ITE 0 5 TOWN OF AURORA COUNCIL REPORT No. PW06-055 SUBJECT: Parking on Pinnacle Trail FROM: W. H. Jackson, Director of Public Works DATE: October 17, 2006 RECOMMENDATIONS THAT the existing "No Parking at Anytime" prohibition on the east side of Pinnacle Trail between No. 29 and No. 61 Pinnacle Trail be rescinded; and THAT Council enact By-law 4870-06.T at this meeting to implement the above recommendation. BACKGROUND. The TSAB has considered issues relating to parking on Pinnacle Trail on a number of occasions over the past few years. On November 9, 2005 the TSAB considered Report TSAB05-029 (Appendix "A") and recommended (and Council later approved): "THAT parking be prohibited at anytime on the east, south, west and north sides (inside sides) of Pinnacle Trail" Subsequent to the above, the TSAB at its December 9, 2005 meeting considered a memorandum (Appendix "B") from the Traffic/Transportation Analyst regarding parking concerns on a section of the west, or outside side, of Pinnacle Trail. The TSAB recommended (and Council later approved): `THAT parking be prohibited on the west side of Pinnacle Trail in front of house #36, 46 and 56" On September 13, 2006, the TSAB received a delegation from a resident of Pinnacle Trail expressing concerns with the above noted parking prohibition that were imposed on the west side of Pinnacle Trail. The delegate expressed concern that a parking prohibition was initially imposed on the inside of Pinnacle Trail followed by the prohibition on a section of the west, or outside side, of the street. The double -sided No Parking prohibition now meant there was no nearby place for his visitors to park. The delegate also felt the street had been "opened up" and that traffic speeds around the bend had increased since the prohibitions had been imposed. N. M COUNCIL — OCTOBER 17, 2006 October 17, 2006 .2. Report No. PW06-055 The TSAB received the delegation but took no further action in this regard. The delegate subsequently contacted the Mayor who initiated a meeting with residents from both sides of the street in the area in question and Town staff. The purpose of the meeting was to determine if a compromise could be reached that would address the concerns of all three parties. COMMENTS A meeting was held on October 5, 2006 and attended by a number of residents from both sides of Pinnacle Trail in the area in question (from No. 29 to No. 61 on the east side of the street, and from No. 36. to 56 on the west side of the street), the Mayor and staff from the Public Works Department, A number of concerns were expressed by the residents including difficulties in finding enough parking for residents and guests, safety issues with children playing, and the speed of traffic along this section of the street now that there was no parking permitted on either side. With the aid of the Mayor, the residents were able to reach a consensus on a number of items: The parking prohibition on the west side of the street needs to remain due to sightline issues; The parking prohibition on the east side of the street opposite the area where the west side prohibition is in place can be lifted and parking allowed in this area; • The residents will undertake the petition necessary to request that the Town initiate a traffic calming study for Pinnacle Trail. Removing the "No Parking at Anytime" prohibition on the east side of the street between No. 29 and No. 61 Pinnacle Trail will mean that parking will be allowed on one side of this section of the street again (see Key map attached as Appendix "C"), and will increase the supply of on -street parking spaces in this area by about 4 spaces. OPTIONS Council may decide to leave the parking prohibitions on this section of Pinnacle Trail in their current form. Council may refer the matter to the new TSAB, should the new Council decide to reconstitute the TSAB, for the TSAB's consideration, COUNCIL — OCTOBER 17, 2006 October 17, 2006 - 3 - Report No. PW06-055 FINANCIAL IMPLICATIONS The cost to implement the recommendations of this report is estimated to be approximately $200, funds for which are available in the Public Works Department Operating Budget, CONCLUSIONS A meeting was held with residents of both sides of Pinnacle Trail to discuss concerns with the existing "No Parking at Anytime" prohibition. The residents all agreed that the parking prohibition on the west side of the street must remain, but that the prohibition on the opposite side of the street within a certain area could be lifted. Staff has no technical objection to this compromise. LINK TO STRATEGIC PLAN Goal D: Ensure transparent, accountable and open governance in concert with informed and involved citizens. ATTACHMENTS Appendix "A" — Report TSAB05-029 Appendix "B" — December 9, 2005 memorandum from the Traffic & Transportation Analyst Appendix "C" — Key Map showing area in question and recommended changes in parking prohibition PRE -SUBMISSION REVIEW Management Team Meeting — October 11, 2006 Prepared by. David Atkins, Manager of Engineering Services, ext. 4382 W. H. JackJohn S. Rogdrs Director of Public Works C.A.O ■ COUNCIL — OCTOBER 17, 2006 000037 APPENDIX "A" TOWN OF AURORA TRAFFIC SAFETY ADVISORY BOARD REPORT No. TSAB05-029 SUBJECT: Pinnacle Trail— Parking Concerns FROM: W. H. Jackson, Director of Public Works DATE: November 9, 2005 RECOMMENDATIONS THAT parking be prohibited at anytime on the east, south, west and north sides (inside sides) of Pinnacle Trail, THAT the Corporate Services Department be requested to introduce the necessary by-law to implement the above recommendations; THAT staff be requested to send notifications to all affected homeowners; and THAT staff be requested to monitor Pinnacle Trail and Rush Road and prepare a further report to the TSAB in summer 2006. BACKGROUND On August 21, 2003 the TSAB considered Report No. TSAB03-018 — "Pinnacle Trail — Parking Concerns" (as attached) and the Board adopted the following recommendations: "THAT parking be prohibited on the inside sides of Pinnacle Trail from November 15th to April 15th; and THAT the Clerks Department be requested to introduce the necessary by-law to implement the above recommendation; and THAT a letter be sent to residents of Pinnacle Trail and Rush Road with the TSAB's recommendations." Council adopted the TSAB's recommendations on September 9, 2003. Sincethattime staff received several complaintsfrom residents regarding overflow parking from the St. Andrew's Golf course. On August 14, 2004, the TSAB considered the August 4, 2004 memorandum from the Traffic/Transportation Analyst regarding parking concerns on Pinnacle Trail and the Board adopted the following: `THAT parking be prohibited at anytime on the east side of Pinnacle Trail from St. John's Sideroad to Pinnacle Trail (east leg); and COUNCIL — OCTOBER 17, 2006 0 0® 0 3 8 November 9, 2005 .2- Report No. TSAB05-029 THAT the Clerk's Department be requested to introduce the necessary by-law, and THAT a letter be sent to all affected residents with the TSAB's recommendations." Council adopted the TSAB's recommendations on September 14, 2004. The matter of parking on Pinnacle Trail has been before the Board on a number of occasions and staff continues to receive complaints regarding parking concerns on Pinnacle Trail. The outstanding concerns have been on hold, until Council had considered a proposed 3-hour Town wide parking limit report. As the 3-hour parking limit report was defeated and the issue regarding a Town wide 6-hour parking limit has been tabled until 2006, staff felt it necessary to proceed with a further report to alleviate the residents concerns. COMMENTS 1.0 Existina Conditions Pinnacle Trail is a local street with an urban cross-section (curbs and gutters), an 8.5 meter pavement width, and a posted 40km/hr speed limit. A sidewalk has been provided on the inside sides of Pinnacle Trail. The existing parking prohibitions are outlined above and are shown on the attached Figure No. 1. Pinnacle Trail between house numbers 188 and 406 has semi-detached units and the remainder of the street has single-family houses. The semi-detached units on the east/south sides of Pinnacle Trail have 3 available off-street parking spaces, 2 in the driveway (single width) and 1 in the garage. The semi-detached units on the west/north sides of Pinnacle Trail have 2 available off-street parking spaces, 1 in the driveway and 1 in the garage. The rest of Pinnacle Trail has mostly double width driveways. Both the single and semi-detached units on the north/west sides of Pinnacle Trail have only a single width driveway and as a result vehicles are constantly parked on both side of the street for long periods of time. 2.0 Analysis Based on comments from residents, it appears they are concerned with the large number of on -street parked vehicles that are parked on both sides of Pinnacle Trail during the morning, evening and overnight periods. Residents are concerned about the safety of children who play in the area, traffic congestion, the cluttered look of the neighbourhood and access for emergency vehicles. Staff has received over 10 complaints from residents in the past 3 years and By -Law Services has issued 65 tickets for various parking offences. III COUNCIL — OCTOBER 17, 2006 I I' November 9, 2005 .3. Report No. TSAB05-029 3.0 Discussion Listed below in Table No. 1 are 6 different options to alleviate the parking concerns on Pinnacle Trail. Table 1. Options for Reducing the Parking Concerns 'Numb a ;-Option --Adva nta g:es - DPI s, a d v a n to g tis No Atldlllonal Con linos. axis flog pre slice of numerous Does not address axis flog problems and Issues of t Restrictions residents excessive night-time and day -time parking Generally salves problem of overnight Does nol salve day -time and eve ning parking parking problems antl I.aues 2 All -Year Ban on Simple system to understand Requires enforcamentof nl g hl-time parking restrictions Overnight Parking No exceptions for overnightvis tors and guests or Increase in ad in lnistration efforts Generally solves problem of night-time Requires enforcem ant and day -time parking 3 Total Ban on On Lim tied parking far visµteekendsespecially problematic on Street Parking Sim pia system to understand High probability of violation Generally solves problem of night -lime Enforcement more difficult 4 3-Hour Pa rking parking Allows for short -duration visitor parking "Rctating tires" will defeat prohibition Lim It Reduces unite... sary overnight parking Administrative costs 5HSire Perm It Parking for Overn l ght Parking Enforoem enl is easier to achieve Inconvenience for residents to obtain permlts- Can provide exceptions for overnight visitors and guests Rostricting Can provide exception for overnight Does not salve the Issue of long duration parking Parking on One visitors and guests during the day, evening or overnight a Bid. of the Increases vehicles sight Imes ets Option 1: No Additional Restrictions -This option does not address any of the issues or concerns at hand. Option 2: All -Year Ban on Overnight Parking - This option addresses the problem of long duration overnight parking and is easy to enforce. However, it fails to address the issues of long term daytime and evening parking and overall congestion. Option 3: Total Ban on On -Street Parking - This option addresses the main concerns but is an extreme measure because it will leave residents and guests without any on - street place to park. Option 4: 3-hour Parking Limit - This option addresses the issue of long -duration parking. Additionally, it is easier to enforce and will provide a place for residents and guests to park their vehicles if needed. Although this solution does not accommodate overnight parking or address the overall parking congestion, it will reduce the number of unnecessary on -street parked vehicles making the street safer. Option 5: Permit Parking for Overnight Guests -This option is a variation of Option 2 but will allow residents and guests the ability to park overnight if they obtain a parking permit. This option does not adequately address the concerns of the residents as it still allows for long duration parking during the daytime and evening. Additionally, this option is an inconvenience for residents, as theywould need to obtain a parking pass everytime a guest wishes to park overnight. :: COUNCIL — OCTOBER 17, 2006 1:;1 } November 9, 2005 - 4 - Report No. TSAB05-029 Option 6: Restricting Parking on One Side of the Street— This option will address the overall traffic congestion and will alleviate emergency access. This option does not completely address the issue of long duration parking on the street. Furthermore, Council adopted a resolution from the 1999 !TRANS safety study which recommended parking only be permitted on one side of those streets with pavement widths in the order of 7.5m to 8.5m. From the options presented above, staff believes Option 6 is the best solution to alleviate the residents concerns. It is therefore, recommended that parking be prohibited all year round on the inside sides of Pinnacle Trail (see attached Figure No. 2). The proposed prohibition will address traffic congestion and emergency access and will still provide a place for guests and residents to park if needed. If the board adopts the proposed recommendation staff will monitor Pinnacle Trail including Rush Road to determine if further parking prohibitions are required. CONCLUSION Parking concerns on Pinnacle Trail has been before the Board on a number of occasions and many of the issues have yet to be resolved. As Council defeated the 3-hour Town wide parking limit report and the issue regarding a Town wide 6-hour parking limit has been tabled until 2006, staff felt it necessary to proceed with a further parking prohibition on Pinnacle Trail to alleviate the residents concerns. OPTIONS Council may wish to choose a different option(s) from Table No. 1. FINANCIAL IMPLICATIONS The costs to install the necessary signage required for any of the options detailed above is estimated to be $1,000. Funds for which are available in the Public Works Operating budget. LINK TO STRATEGIC PLAN Goal "C" speaks to continuing the well -planned moderate growth of the Town. ATTACHMENTS Figure 1 — Key Map of Area in Question Figure 2 — Proposed Parking Prohibition Prepared by: Brent Jefferson, Traffic/Transportation Analyst, ext. 4374 Q/1 iar W. H. Ja k Director of Public Works COUNCIL - OCTOBER 17, N n2 100 me 80 F, A 0 6 �196 1q14,15 15Z 164 172 180 PINNACLE.TRAIL 4�40 3 DOg 4 ,pgp 908 39 B4 3' 3B0 37 74 36 70 36G 6P 35 56 TOWNPARK ,gg4 ST. JOHN'S SIDEROAD . EXISTING NO PARKING FROM NOVEMBER 15 TO APRIL 15 • m • EXISTING NO PARKING ANYTIME FIGURE 1 - KEY MAP OF AREA IN QUESTION PUBLIC WORKS DEPARTMENT -au- NOVEMBER 2005 COUNCIL - OCTOBER 17, � �lmm�m= Me= ST. JOHN'S SIDEROAD PROPOSED NO PARKING ANYTIME I EXISTING NO PARKING FROM NOVEMBER 15 TO APRIL 15 � PARING PROHIBITED ATANYnME FIGURE 2 - KEY MAP OF AREA IN QUESTION PUBLIC WORKS DEPARTMENT NOVEMBER2005 COUNCIL — OCTOBER 17, 2006 Memo To: Members of Traffic Safety Advisory Board From: Brent Jefferson, Traffic/Transportation Analyst CC: Date: December 9, 2005 Re: Parking Concerns on Pinnacle Trail APPENDIX "B" On November 9, 2005 the TSAB considered Report No. TSAB05-029 — "Pinnacle Trail - Parking Concerns" and adopted the following recommendations: `THAT parking be prohibited at anytime on the east, south, west and north sides (inside sides) of Pinnacle Trail; THAT the Corporate Services Department be requested to introduce the necessary by-law to implement the above recommendations; THAT staff be requested to send notifications to all affected homeowners; and THAT staff be requested to monitor Pinnacle Trail and Rush Road and prepare a further report to the TSAB in summer 2006." Council adopted the TSAB's recommendations on November 22, 2005. Prior to the by-law being passed all residents were notified of the proposed parking prohibition. To date staff has received several emails which have been forwarded to the December 13, 2005 Council meeting for consideration. In addition 3 specific emails have been received (see attached) from homeowner 36, 46 and 56. These 3 homes are on the west side of Pinnacle Trail around a bend (refer to Figure No. 1). The residents have expressed concerns regarding the restricted northbound and southbound sightlines caused by parked vehicles to see an oncoming vehicle when exiting their driveway. The residents are requesting that parking be prohibited in front of their homes to eliminate the sightline concerns. Staff has reviewed their request and has no objections. Should the Board agree the following recommendation should be adopted: `THAT parking be prohibited on the west side of Pinnacle Trail in front of house #36, 46 and 56." p Brent Jeff r o Traffic/Transportation Analyst • Page 1 —92— COUNCIL - OCTOBER 179 2006 Page 1 of 1 000051 Jefferson, Brent From: Kelly & David Riche Sent: Thursday, December 08, 2006 9:44 PM To: Jefferson, Brent Subject: Proposed Parking Prohibition on Pinnacle Trail- Lot 1 Safety Concerns - December 8,2005 To: Mr. Brent Jefferson Re: Proposed Parking Prohibition on Pinnacle Trail Safety concerns -Lot 1. 36 Pinnacle Trail With regards to the memorandum we received re: Proposed Parking Prohibition on Pinnacle Trail dated November 28th, we feel it is Important to voice the safely concerns that we have been dealing with forthe last 3 years living at Winnacle trail (Lot 1). Since Lot 1 Is the first lot on the "West side" of the street and there are no houses as you enter Pinnacle Trail, them Is usually a build up of speed that accompanies many vehicles as they enter the Pinnacle trail complex (heading north) and come around the bend in front of our house. This Is dangerous by Itself butwhen accompanied with vehicles parked in front of our house it becomes a very dangerous' blind" corner. This "blind corner" is also very much at play with vehicles that are exiting the Pinnacle Trail complex (traveling South) as they also pick up speed as they come around the last bend before they exit Pinnacle Trail. The rate of speed combined with cars parked puts us In harms way on a daily basis. Again the rate of speed by itself Is dangerous enough, but with cars parked It offers us (or the cars coming or going from Pinnacle Trail) no visible sight line. It makes coming and going from our driveway very dangerous. . There have been numerous examples over the past 3 years where our family, Including our 2 young daughters, have been neatly hit by an oncoming car while attempting to exit or enter our driveway. Just 2 weeks ago a guest of ours was nearly hit as she tamed to enter our driveway. She commented how" dangerous" It was coming to visit us. She also travels with her two young children. Unfortunately in most of these cases the driver doesn't seem to always understand it Is a residential area with a 40 km hour speed limit and that vehicles do come and go from their driveways. They are usually quite irate. Quite bale because with the cars and trucks parked they are faced with the same safety issue. They can't see what is in the street until it Is too late. From a pure safety point of view, we would ask that the Traffic Safety Advisory Board Include the fronts of Lot 1(extended past the mail boxes) through Lot 3 into the proposed parking prohibition on Pinnacle Trail. We believe our neighbors In Lot 2 and Lot 3 have also voiced their concems and hopefully we can find the needed support to help give us peace of mind when coming and going from our property. As long as cars and trucks can park In front of these lots there will be weekly, if not daily, issues with us having to deal with avoiding cars entering and exiting Pinnacle Trail. We thank you for your consideration. Sincerely, David & Kelly Richer 12/9/2005 —93— -46- Suzl/ slaggo`J SIIo-I V 01111eM /.pvu .CiaA smog, 'I!mS. alasuu!d 95 pue 917'9£ 3o Iuox3 u< auzil ,fuu lu Sups and llglgoxd osle noA lugl lsanbax am uon!gnloid Sunlxed pasodozd ay; of uoplppe ul Iuwn000 Imploou snoyas u 3o lellualod aql Sulsuaxau[ 6lazanos Aq dla3es mo of luanp zoluaiS uena ne oluoxo ,Clluonbosgns puu 6umanup mo 3o op!s xogllo ao apud of salonpan wom amo; pua uoplglgoxd Sucxxed pasodozd og1. •alalgan mo m uazppgo SunoR oml mo anuq am uagm 2lminoilmd dumanup amo mo Snplxa a3esun 6xan laa,} aM 'paloulsax.Cla.lanaS sl M040OMP gloq m og}uzl Sulmoouo zo; ROfs;o anp agl,Cumanup xno;o ople xagllo uo pa)lted axe szuo mqM—aogmnu Sulaq amoq alpplm gill si osnoq mo 'anzno u uo polsool m Irezy oloeuucd 3o opis Isom agl uo sasnog aplslno oaxgl lszp agy •Rumanup mo Sullixo uagm SIs!xa Ingl uopunlis fga;es snopiomq Spuaxp ue punodmoa xagliiy p!m uoglglgoxd Suplzed pasodozd agy I!¢ay alaeuuld uo uoplglgozd Mulliva Paso oxd :OH is zeaa IsSlvuy uopulxodsu aija.Iluxy uosxagaf,'Ai IuaxH :Ropualld If9 Dtq oueluo 'uxomy 0001 xoH'anuQ lud!opmyq I uxoxnv J0 umoy azp;o aopuzodloD agy mijaM opgnd;o Iuauzµu&CI SOOZ `S xagm000(i 'IrM-H AH,LNJS sloggoD AUGA V au"M Z 5 0 0 0 0 90OZ 'cl 83GROO - 110000 COUNCIL — OCTOBER 17, 2006 PaU M 5 Jefferson, Brent From: Eric Edward Sent: Thursday, December 01, 2005 4:11 PM To: Jefferson, Brent Subject: Pinnacle Trail Dear Mr. Jefferson, Once again I am writing to you In regards the the safety of our children In direction relation to the Parking Prohibitions you are planning on Implementing on Pinnacle Trail. I wrote to youin regard to the previous Parking Prohibitions you Implemented but that has obviously fallen on deaf ears. I live at WInnacle Trail. Our house is on a fairly tight curve, in which drivers who live on the inner part of our block consistently barrel through, ignoring the max. 40kmlhr limit, which we thought would help, but in reality has not. By not allowing people to park their cars on the Inner part of the street, you are putting our children In direct danger. The residents that live on the odd numbered side of the street constantly part on our side even when parking Is not prohibited on their side. They have 2 car driveways and still fail to use both spots. When cars enter our neighborhood, they cannot see the first three driveways if a car is parked to the south of each driveway. This includes our house as we are onthe curve, and twice this summer, my daughter was in our driveway and nearly hit by a driver who was using our driveway to turn around and couldn't see past the car parked on the road by our driveway. Even backing out of our own driveway and exiting our street has become problematic. When a car Is parked to the south of our driveway, we cannot see cars coming in and they cannot see us backing out. This applies for 36, 46, and 56 Pinnacle Trail I implore you to propose a parking ban on the outer part of Pinnacle for this area as well. Once again, I understand that this may mean a little extra walk for any guests that may visit, or for us when we need to use the road temporarily, however, this little Inconvenience Is Inconsequential compared to the value of the hues of our children. Of course, I will not just leave you with a complaint without offering some solutions. If there is a true need for parking on the road (eg. 3rd car in family, 3rd car is business vehicle, landscape and construction crews) perhaps permits could be issued to those who can prove there are 3 vehicles at the addresses affected by a new bylaw for this portion of Pinnacle. This would at least force those who in fact have a 2 car driveway to actually use It. If we cannot convince you to do this, perhaps implementing time of day restrictions could help, ortime limits (eg. No Parking from fiam-6pm and weekends, or max 2 hour parking outside the No Parking times) could help minimize the danger at the times that the kids are out most and there Is the most traffic. I would please ask you to present this at the meeting on December 13th, 2005 on our behalf. We will be away and therefore unable to attend. Please consider carefully the safety of our children in your decision. I appreciate your time and consideration in this matter, Eric Edwards 12/2/2005 —95— Qf�Q®5L. COUNCIL — OCTOBER 17, ' �T� m^Iv a Js m a „! 11 SIGHTLINE CONCERN ms ' ms I ... I ..I us PINNACLE TRAIL �s hs TOWN PARK 4 ms ms �w1 xc us us als ms ws ST. JOHN'S SIDEROAD FIGURE 1 - KEY MAP OF AREA IN QUESTION PUBLIC WORKS DEPARTMENT —96— DECEMBER 2005 COUNCIL - OCTOBER 17, APPFNDIX C ST. JOHN'S SIDEROAD EXISTING "NO PARKING ANYTIME" PROHIBITIONS ON PINNACLE TRAIL • PROPOSED LIMITS OF REMOVAL OF "NO PARKING ANYTIME" PROHIBITION FIGURE 1 - KEY MAP OF AREA IN QUESTION PUBLIC WORKS DEPARTMENT -97- OCTOBER 2006 COUNCIL - OCTOBER 17, 2006 LAGENDA ITEM # (0 1 'TOWN OF AURORA COUNCIL REPORT No. PW06-054 SUBJECT: Agreement Between the Town of Richmond Hill, the Town of Aurora, and the Conseil Scholaire de District Catholique Centre-Sud Regarding Sanitary Servicing of the French Catholic High School at the Intersection of Bathurst Street and Bloomington Sideroad FROM: W. H. Jackson, Director of Public Works DATE: October 17, 2006 RECOMMENDATIONS 1. THAT Council authorize the Mayor and Clerk to sign an Agreement between the Town of Richmond Hill, the Town ofAurora, and the Conseil Scholaire de District Catholique Centre-Sud regarding sanitary servicing of the French Catholic High School at the intersection of Bathurst Street and Bloomington Sideroad substantially in the form as presented in Report No. PW06-054; 2. THAT such signatures as noted in Recommendation No. 1 shall not occur until the Town Solicitor has reviewed and approved the Agreement, and 3. THAT the executed Agreement be forwarded to the Clerk of the Town of Richmond Hill and the Conseil Scholaire de District Catholique Centre-Sud for their execution. BACKGROUND As Council is aware from previous reports, a French Catholic High School and a 60-lot residential subdivision are proposed to be developed on the northeast corner of the intersection of Bathurst Street and Bloomington Sideroad. COMMENTS The subject site can be serviced with sanitary sewers through the Town of Aurora sanitary sewer system via the construction of a sanitary pumping station and a forcemain that would extend east on Bloomington Sideroad to the current end of the Town's system at Academy Drive. However, the engineering consultant working for both the Conseil Scholaire de District Catholique Centre-Sud (the "Conseil") and the developer of the future residential subdivision has completed extensive investigations and determined that there is physical capacity in the Town of Richmond Hill's sanitary sewer system located across Bloomington Sideroad to accommodate the flows from both the school and the subdivision. The studies have been reviewed and approved by the Town of Richmond Hill. COUNCIL — OCTOBER 17, 2006 October 17, 2006 _ - 2 - Report No. PW06-054 The cross border servicing arrangement such as proposed for this development requires that an agreement be reached between the two effected municipalities and approved by the Region of York. On December 5, 2005, Richmond Hill Council approved the concept of the arrangement and authorized their staff to prepare and enter into an Agreement between Richmond Hill, Aurora and the Conseil for the cross -border servicing of the school site (see Appendix "A"). The Region of York approved the servicing arrangements on June 22, 2006 (see Appendix "B"). The key points of the Agreement being considered with this Report (see Appendix "C") are: The sanitary sewer connection crossing from Aurora into Richmond Hill shall be designed and constructed to the satisfaction of both Towns, and the Conseil shall pay for the construction of the sewer; 2. The sewer connection can only be used to service the Conseil's lands, and those lands can only be used for the proposed school uses, unless Richmond Hill agrees to the changes; and 3. Aurora shall pay Richmond Hill for the volume of sewage entering the Richmond Hill sewer system based on the amount of water consumed in the development, and Aurora shall then recover those costs from the Conseil. The Agreement is not completely finalized as yetwith the remaining matters to be resolved mainly related to some details of how the charges for the use of the Richmond Hill sewer system will be calculated and some of the wording in the indemnification clauses. Nevertheless, the Agreement is presented to Council now because it is the last meeting of this Council, and it is anticipated that the Agreement will be finalized well before the first meeting of the new Council. It is noted that the cross -border servicing of the subdivision is not included in the current Agreement. This will be the subject of a separate Agreement between Richmond Hill and Aurora. It is noted that Richmond Hill Council has given their staff the authorization to prepare and enter into this second agreement which staff anticipate presenting Council at the same meeting that the Draft Plan conditions for the subdivision are approved. OPTIONS Council may request that some or all of the terms of the Agreement be modified. This would result in the delay of the start of construction of the school until the Agreement is finalized. COUNCIL — OCTOBER 17, 2006 October 17, 2006 .3. Report No. PW06-054 FINANCIAL IMPLICATIONS There are no net financial implications for the Town. Aurora will recover from the Conseil the amounts the Town will pay to Richmond Hill as well as the Town's costs for the maintenance of the sewer connection. CONCLUSIONS It is recommended that Council authorize the Town to enter into an Agreement with the Town of Richmond Hill and the Conseil Scholaire do District Catholique Centre-Sud. The Agreement establishes provisions for the most efficient system of handling the sanitary flows from the Conseil as well as ensuring the system will operate at no net cost to the Town. LINK TO STRATEGIC PLAN Objective B1: Plan for the future to continue controlled and well -planned growth. ATTACHMENTS Appendix "A" - Richmond Hill Council report Appendix "B" — Region of York Council report Appendix "C" — Richmond Hill/Aurora/Conseil Agreement PRE -SUBMISSION REVIEW Management Team Meeting — October 11, 2006 Prepared by, David Atkins, Manager of Engineering Services, ext. 4382 " W. H. Jack Director of Pubiic Works ,0000Vhh S. Rogers C.A.O —100— 7bW N or ER 17, 2006 APPENDIX "A" TOWN OF RICHMOND HILL COMMITTEE OF THE WHOLE SRE.05.110 December 5, 2005 Engineering and Public Works Transportation, Environmental & Development Engineering Agenda ltam _ -O SUBJECT: EXECUTION OF SERVICING AGREEMENT, TOWN OF AURORA AND FRENCH CATHOLIC BOARD OF EDUCATION, OUR FILE: D00-AURORA (SRE.05.110) PURPOSE: This report seeks Council's authorization to enter into a servicing agreement with the Town of Aurora and the French Catholic Board of Education to permit sanitary servicing of a proposed school site within the Town of Aurora. RECOMMENDATIONS: a) That the Mayor and Clerk be authorized to execute a servicing agreement with the Corporation of the Town of Aurora and the French Catholic Board of Education on the written recommendation of the Commissioner of Engineering and Public Works. b) That Council authorize the provision of sanitary sewer service to the French Catholic School lands within the Town of Aurora subject to the Town of Aurora confirming that the zoning and related planning approvals of the subject lands supports the proposed school development. Contact: Eugene Zawadowsky, Ext. 3510. Submitted by: Italo Brutto, P. Eng. Commissioner of Engineering & Public Works Approved by: in Anderton Administrative Officer —101— 091 COUNCIL — OCTOBER 17, 2006 SRF.05.110 December 5, 2005: Page 2 BACKGROUND: In July of this year, staff report SRE.05.085 was approved by Council. This staff report in Appendix 1 recommended that staff meet with the Town of Aurora and the Region of York to negotiate the terms of an eventual servicing agreement subject to specific principles to provide water and sanitary service to the proposed French Catholic school site and the Ballymore Developments residential site. These sites are located within the Town of Aurora on the north side of Bloomington Road and east of Bathurst Street as indicated in Appendix 2. Staff met with representatives of the Town of Aurora and Ballymore Development. Through these discussions, it was confirmed that water service for the subject lands will be from the existing Regional watermain on Bloomington Road. On this basis, the Town of Richmond Hill will not need to provide any water service for these lands in Aurora. Ballymore Developments provided a technical analysis of the downstream sewage system including sanitary flow monitoring, and the results indicate that there is adequate capacity within the Richmond Hill system to accommodate the sewage flows from the proposed school and residential sites. The Town of Aurora has advised that the timing for allocation of sewage capacity and approvals for the residential site is not as advanced as development of the school site. The French Catholic Board has targeted an opening in September of 2006. To facilitate this schedule for construction of the school, staff prepared this report to recommend that an appropriate servicing agreement be prepared and executed with the French Catholic Board. Given the school is considered non-residential development under the current policy, this approach is consistent with the interim policy for allocating sanitary sewer capacity adopted by Council. The implementation of this agreement for the school site exclusively will not impact the allocation figures in Richmond Hill. FINANCIAL/STAFFING/OTHER IMPLICATIONS: The Town will be compensated by the Town of Aurora for sanitary sewer usage based on metered water use. The servicing agreement will require that the Town of Aurora pay the Town of Richmond Hill an amount per cubic meter of water use to cover Town costs associated with the operation and maintenance of the downstream sewage system. The Town has no mechanism to recover such costs directly from the land owners (such as via property taxes) as the lands to be serviced Iie outside the jurisdiction boundaries of the Town of Richmond Hill. Ballymore Developments and the French Catholic Board w' B, bear all related engineering and legal costs associated with the servicing agreerr 'K 092 —102— COUNCIL — OCTOBER 17, 2006 SRE.05.110 December 5, 2005: Page 3 RELATIONSHIP TO THE STRATEGIC PLAN: This site specific authorization of servicing external to the Town's boundaries and entering into the subject servicing agreement fulfills the objective of responsible municipal management. CONCLUSIONS; That authorization for the provision of sanitary sewer service to lands within the Corporation of the Town of Aurora being the French Catholic School and Ballymore Development lands; and that the authorization to execute a servicing agreement with all parties be granted by Council. Appendices —1&2 /jrw —103— 0 t9 a C mxa„w, OCTOBER 17, 2006 1-WeVIC41x 1 Committee of the Whole July 4, 2005 SRE.05.085 TOWN OF RICHMOND HILL Engineering & Public Work Department SUBJECT: Request to extend municipal servicing (water and sewer) to service French Catholic High School in Aurora at the corner of Bathurst and Bloomington (SRE.05.085) PURPOSE: This report advises of a request received from the French Catholic School Board to consider extending services from the Town of Richmond Hill to a proposed high school and surrounding residential community in Aurora and seeks authorization to negotiate the terms of a potential servicing agreement. RECOMMENDATIONS: 1. That Council authorize staff to meet with officials from the Town of Aurora and Region of York to determine the most effective means to provide servicing to development lands in the vicinity of Bathurst and Bloomington Roads; 2. That staff be authorized to negotiate the terms of a servicing arrangement and/or agreement subject to the principles set out in this report; 3. Staff report back to Council as necessary to seek authorization to enter into any agreement(s) required for this purpose; 4. Copies of this report be forwarded to the Town of Aurora and Region of York. Contact: Bruce Macgregor, Ext. 2527 Submitted by: Bruce MA'regor, P. Eng. Commissioner of Engineering & Public Works Approved by: ()Joan Anderton Administrative Officer W —104— COUNCIL — OCTOBER 17, 2006 SRE.05.085 July 4, 2005 Page 2 BACKGROUND: On April 18, 2005, a request was received from the French Catholic School Board seeking the Town of Richmond Hill's cooperation to extend water and sewer servicing to the site (see Appendix No. 1). An accompanying report outlines: the limitations with extending services from the Town of Aurora, and the alternative extension of existing services in the Town of Richmond Hill to service the site. The site is proposed to contain a French language High School accommodating approximately 500 students surrounded by approximately 60 single family dwellings( see Appendix No. 2). Municipal servicing in Aurora is located a considerably further distance from this site and would require construction of a new sewage pumping station, In the alternative, servicing through Richmond Hill can be accomplished through connection to existing watermains and sewers with reliance upon an existing sewage pumping station. There is a precedent for considering servicing agreements to extend municipal services into adjoining municipalities, In the 1980s, the Town of Richmond Hill entered into agreements with various institutions on the west side of Bathurst, the City of Vaughan and Region of York to provide servicing under similar circumstances. The Municipal Act, 2001 (Sections 19, 20 and 89) requires Regional consent for inter -municipal servicing. York Region may become a party to any agreement between the Town of Richmond Hill and Aurora. Staff will investigate the options and report back to Council. Any agreement to extend servicing to the Town of Aurora would need to be predicated on the following principles: • The cost of preparing any agreement is home by the development proponent(s); • Allocation of the required servicing capacity would be granted by the Town of Aurora from within any capacity identified exclusively for the Town of Aurora by the Region of York; • Any and all components of the Town of Richmond Hill's Development Charges that pertain to the provision of related water supply and sewer charges would be payable by the development proponent(s); • All applicable fees (for engineering review, etc.) would be paid to the Town of Richmond Hill; ` • The Town of Richmond Hill would not bear any additional costs (for metering, operation of a sewage pumping station, etc.) as a result of extending servicing to this area in the Town of Aurora; • The Town of Richmond Hill would, through the Town of Aurora if necessary, secure the same ability to ensure payment of all accounts that it currently maintains within the Town of Richmond Hill —105— C ls�bals — OCTOBER 17, 2006 July 4, 2005 Page 3 The above principles contemplate an agreement between the development proponent(s), Town of Aurora, Town of Richmond Hill and, potentially, the Region of York. The Region of York could alternatively elect to either: 1. Simply provide its consent to an agreement whereby the Town of Richmond Hill provides servicing to the Town of Aurora, or 2. Install a Regional metering device on the watermain(s) supplying the Town of Aurora at this location and make appropriate adjustments to the the wholesale billings for each municipality. This second option would still require that the costs of providing downstream infrastructure in the Town of Richmond Hill be identified and recovered. FINANCIAL IMPLICATIONS: A servicing arrangement in the form contemplated in this report would have no cost implications for the Town of Richmond Hill, CONCLUSIONS: A request has been made to extend municipal services into an area within the Town of Aurora at Bathurst and Bloomington Roads. Staff have reviewed the materials submitted and confirmed with staff that the Town of Aurora is not opposed to considering the proposed extension of services. Subject to receiving the necessary Council confirmation from the Town of Aurora, it is suggested that staff be authorized to negotiate the terms of a servicing arrangement and/or agreement. A further report would be brought back to Council seeking the appropriate authorization to execute any related agreement(s). Appendices - 2 096 —106— - OCTOBER 17, 2006 M. avenue Drewry Torw1a ON M2M 1(18 Wdphone: t416)397-6564 Sans Irals: 1 806 274.3764 April10, 2005 Mr. Bruce Macgregor Town of Richmond Hill 225 East Beaver Creek P.O. Box 300 Richmond Hill, Ontario L4C 4Y5 Dear Sir: Appendix 1 (Page 1 of 2) ( 9 ENGINUMN tthP PlTNkhii APR 18 2005 aTIfNTti)N --- Re: Request by Conseil scolaire de district eatholique Centre Sud and Ballymore Howes for Water Supply and Sanitary Sewage Discharge through the Town of Richmond hill Conseil scolaire de district catholique Centre-Sud and Ballymore Homes (Ballymore) are landowners on the north side of Bloomington Road east of Bathurst Street in the Town of Aurora. The Conseil is intent upon building a 500 student, grades 7-12 high school and Ballymore is intent upon developing a 60 unit single family subdivision. Planning applications to give effect to this intent have been filed with the. Town of Aurora. One facet of these applications that has been investigated in detail is the site servicing. Our engineering consultant, Sabourin Kimble and Associates (SKA) has examined the alternative servicing solutions for the property. They have proposed a very straightforward gravity based sewage disposal system and complimentary water supply system. This proposed system is an overall better solution than building a new pumping station, sanitary forcemain and additional watermains on the north side of Bloomington Road only because of the current Aurom/Richmond Hill municipal border. We are jointly writing to you on this matter because this servicing scheme relies on existing water supply and sewer systems in the Town of Richmond Hill. Accompanying this letter is a report prepared by SKA which provides the technical detail and an Executive Summary for this servicing scheme. The supply and pressure of Richmond Hill's water supply system and the capacity of the sewer systems is adequate for both components of the proposed development. Please accept this letter and the supporting report as our formal request that the Town of Richmond Hill allow us to obtain water supply from the Town and to discharge sewage into the Town's system.. In making this request we want to'emphasi7.e that we are not asking for the Town to grant us sanitary sewage allocation or water allocation for the residential component of our joint project. The required sanitary sewer slid water 097 -107- COUNCIL — OCTOBER 17, 2006 Appendix 1 (Page 2 of 2) 098 allocation will be granted by the Town of Aurora. Furthermore, this request depends upon the willingness of the Town of Richmond Hill to provide water bills to homes and to the school in Aurora. We understand that this arrangement currently exists elsewhere in the Town (i.e. Bathurst Street and Rutherford Road, City of Vaughan) and are advised that Aurora is willing to allow the water bills to be sent to the School and residents in the project. We are hopeful that the Town of Richmond Hill will agree that our proposed servicing is a reasonable solution and are available at your convenience to discuss this request or to provide you with further information. Yours truly, Conseil scolaire de district catholique Centre Sud Richard Francki Chief of Plant, Planning and Transport cc: Sue Seibert — Town of Aurora Neil Garby — York Region Richard Sabourin - SK.A Water supply/MEIER Ballymore Development (Bathurst) Corp. COUNCIL - OCTOBER 17, 2006 1&p_a'4 . � W , �k§`% §\ $h #,|■. Q,,m/ 99 COUNCIL — OCTOBER 17, 2006 APPENDIX "B" THE REGIONAL MUNICIPALITY OF YORK Transportation and Works Committee June 14, 2006 Report of the Commissioner of Transportation and Works REGIONAL CONSENT FOR SANITARY SEWER SERVICING TOWNS OF AURORA AND RICHMOND HILL 1, RECOMMENDATION It is recommended that: 1. Council approve the installation of one sanitary sewer service connection from services owned and operated by the Town of Richmond Hill to the proposed French Catholic Secondary School and a 60 single detached unit residential subdivision located on the east side of Bathurst Street (Y.R. 38), north of Bloomington Road (Y.R. 40) in the Town of Aurora. 2. PURPOSE The purpose of this report is to obtain Council authorization, pursuant to Section 19 of the Municipal Act, 2001, in order to permit a cross -jurisdictional sanitary sewer service connection between the Town of Richmond Hill and the Town of Aurora to permit development of the proposed French Catholic Secondary School and a 60 single detached unit residential subdivision, located on the east side of Bathurst Street, north of Bloomington Road. (see Attachment 1). 3. BACKGROUND The French Catholic School Board (Conseil scolaire de district catholique Centre Sud) and Ballymore Homes are proposing to construct a French Catholic Secondary School and a 60 single detached unit residential subdivision respectively, on the east side of Bathurst Street, north of Bloomington Road in the Town of Aurora. The Town of Aurora has requested York Region's permission for the Town of Aurora to service the proposed development by connecting to the Town of Richmond Hill sanitary sewer mains. Section 19 of the Municipal Act, 2001, requires Regional Council's consent to any arrangement whereby any local municipality provides sanitary sewer services to an area in another municipality. Transportation and Works Committee June 14, 2006 t COUNCIL — OCTOBER 17, 2006 Regional Consent for Sanitary Sewer Servicing Towns of Aurora an Richmond Hill 4. ANALYSIS AND OPTIONS The French Catholic School Board and Ballymore Homes are proposing to construct a French Catholic Secondary School and a 60 single detached unit residential subdivision on the east side of Bathurst Street, north of Bloomington Road. As there are currently no Town of Aurora sanitary sewer services in the surrounding area, the developers are proposing to connect to the sanitary sewer on the south side of Bloomington Road within the Town of Richmond Hill. The Town of Aurora, the Town of Richmond Hill, the French Catholic School Board and Ballymore Homes will enter into an agreement for the supply of sanitary sewer services from the Town of Richmond Hill to the French Catholic Secondary School and the 60 single detached unit residential subdivision in the Town of Aurora. The developers will install and the Town of Aurora will assume and operate the service connection from the Town of Richmond Hill to the most southerly limit of the Bloomington Road allowance. The Town of Aurora shall provide the Town of Richmond Hill with periodic water consumption data for the proposed development. The Town of Richmond Hill will invoice the Town of Aurora for the use of the sanitary sewer service at Richmond Hill rates. The invoiced amount will be derived from the water consumption of the developed area. The Town of Aurora will invoice the French Catholic School Board and the 60 single detached units to recover the invoiced sewage costs from The Town of Richmond Hill plus administrative fees. Because the connections currently contemplated are both to mains owned and operated by the Town of Richmond Hill, and because the invoicing arrangements do not affect the Region's invoicing of the municipalities, it is not necessary for the Region to be party to the agreement. 5. FINANCIAL IMPLICATIONS All costs associated with the installation of the service connection will be borne by The French Catholic School Board (Conseil scolaire de district catholique Centre Sud) and Ballymore Homes. There is no financial implication to the Region. 6. LOCAL MUNICIPAL IMPACT The connection will enable the French Catholic School Board and Ballymore Homes to proceed with the proposed French Catholic Secondary School and the 60 single detached unit residential subdivision development without the need of the Town of Aurora to extend its service to the area. 2 Transportation and Works Committee June 14..,2006 COUNCIL — OCTOBER 17, 2006 Regional Consent for Sanitary Sewer Servicing Towns of Aurora and Richmond Hill 7. CONCLUSION The French Catholic School Board (Conseil scolaire de district catholique Centre Sud) and Ballymore Homes propose to construct a French Catholic Secondary School and a 60 single detached unit residential subdivision on the east side of Bathurst Street, north of Bloomington Road in the Town of Aurora. Municipal sanitary sewer services are not available from the Town of Aurora, but sewers owned and operated by the Town of Richmond Hill are readily accessible on the southerly side of Bloomington Road along Bloomgate Crescent. The Town of Richmond Hill is willing to permit the connection of the site to its sewers provided the Regional Council approves the connection as required under the Municipal Act, 2001. It is recommended that Council approve the servicing of the French Catholic Secondary School and the 60 single detached unit residential subdivision to proceed as outlined in this report, subject to the connection receiving any necessary approvals from Councils of the Town of Aurora and the Town of Richmond Hill and completion of an agreement between the respective Towns governing this arrangement. Transportation and Works Committee June 14. 2006 - - . COUNCIL - OCTOBER 17, 2006 Regional Consent for Sanitary Sewer Servicing Towns of Aurora an Richmond Hill The Senior Management Group has reviewed this report. Prepared by: John Mabira, MSc, P.Eng., PMP Project Manager Water and Wastewater Branch Reviewed by: Debbie Korohlek, P.Eng. General Manager Water and Wastewater Branch Approved for Submission: Michael R. Garrett Chief Administrative Officer Reviewed by: Ilmar Simanoviskis, P.Eng., MBA Manager, Technical Support Water and Wastewater Branch Recommended by: Bruce Macgregor P. Eng. Commissioner of Transportation and Works June 5, 2006 Attachment — 1 JM/sp W W W/PO6/June Reports 2006/Regional Consent fur Sanitary/Sewer Servicing for Aurora, and Richmond Hill.doc Transportation and Works Committee June 14. 200E COUNCIL - OCTOBER 17, 2006 ATTACHMENT I Canadian National Railwa i i h F-- 2 ti-- m BLOOMINGTON ROAD Lill LOCATION PLAN Bathurst/Bloomington Q Ballymore Subdivision York Region ® French Catholic School Board - -114- COUNCIL - OCTOBER 17, 2006 APPENDIX "C" [D L03-CONSEIL THIS AGREEMENT made in quadruplicate dated this BETWEEN: day of October, 2006. THE CORPORATION OF THE TOWN OF RICHMOND HILL (hereinafter called "Richmond Hill") PARTY OF THE FIRST PART and - THE CORPORATION OF THE TOWN OF AURORA (hereinafter called "Aurora") PARTY OF THE SECOND PART - and - CONSEIL SCOLAIRE DE DISTRICT CATHOLIQUE CENTRE-SUD (hereinafter called the "Conseil') PARTY OF THE THIRD PART WHEREAS Conseil owns those lands and premises situate, lying and being in the Town of Aurora, in the Regional Municipality of York and being Part Block 31, Plan 65M-2767, designated as Part 2, Plan 65R-28388 (P.I.N. 03670-0811) and Part of Lot 71, Concession 1, designated as Part 3, Plan 65R-28388 (P.I.N. 03670-0812) (hereinafter called the "Lands"); AND WHEREAS the Lands are within lands which are the subject of an application for approval of a plan of subdivision (Aurora File No. D12-04-1A) as shown on Schedule "A"; AND WHEREAS if approval is given to the proposed plan of subdivision, Aurora will be assuming the public highways within the proposed plan, including Street C shown on the proposed draft plan upon which the Lands will front; AND WHEREAS Aurora is requesting a sanitary connection to the sanitary sewer owned by Richmond Hill for the purpose of allowing development of and use of the Lands as a school operated by Conseil under the authority of the Education Act; AND WHEREAS Richmond Hill has agreed to permit such sanitary connection in the manner provided for in this Agreement subject to: -115- COUNCIL - OCTOBER 17, 2006 -2- (i) the terms and conditions set forth herein; (ii) the Region of York acknowledging that such arrangements shall in no way limit sewage capacity allocated to Richmond Hill at any time; and (III) the Region of York approving of Richmond Hill supplying sanitary sewer services beyond the limits of the Town of Richmond Hill as required by s. 19 of the Municipal Act, 2001, S.O. 2001, G. 25; NOW THEREFORE in consideration of Ten Dollars ($10.00) and other good and valuable consideration now paid by each of the parties, one to each other, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby acknowledge, covenant and agree as follows: 1, The lands subject to this Agreement are situate in the Town of Aurora, in the Regional Municipality of York, being described as Part Block 31, Plan 65M-2767, designated as Part 2, Plan 65R-28388 (P.I.N. 03670-0811) and Part of Lot 71, Concession 1, designated as Part 3, Plan 65R-28388 (P.I.N. 03670-0812) (hereinafter called the "Lands"); 2. Aurora and Conseil shall design a sanitary sewer service from Richmond Hill's existing sanitary sewer on Bloomgate Crescent to the most southerly limit of Bloomington Road (hereinafter called the "Richmond Hill Portion of the Sewer Service") to the satisfaction of the Commissioner of Engineering & Public Works for Richmond Hill. Such service shall be designed In accordance with the Town of Richmond Hill Standards and Specifications Manual. Aurora and Conseil shall make arrangements for the construction of the Richmond Hill Portion of the Sewer Service in accordance with the Town of Richmond Hill Standards and Specifications Manual in a good and workmanlike manner. 3. Aurora and Conseil shall design a sanitary sewer service connecting to the Richmond Hill Portion of the Sewer Service from the most southerly limit of Bloomington Road along Street C to the property line of the Lands (hereinafter called the "Aurora Portion of the Sewer Service") to the satisfaction of the Town of Aurora. Such service shall be designed in accordance with Aurora's Standards and Specifications Manual. Aurora and Conseil shall make arrangements for the construction of the Aurora Portion of the Sewer Service in accordance with the Town of the Aurora's Standards and Specifications Manual in a good and workmanlike manner. 4. Aurora shall own and maintain the Aurora Portion of the Sewer. Aurora shall obtain all necessary easements or rights to Install, maintain and control the Aurora Portion of the Sewer within Bloomington Road and Street C on the draft plan and warrants to Richmond Hill that Aurora has the right to control, limit and prevent connections to the Aurora Portion of the Sewer as provided for in this Agreement. 5. Subject to the provisions of this Agreement, including the conditions set out in Section 20, Richmond Hill hereby consents to the sanitary connection provided for in this Agreement. -116- COUNCIL - OCTOBER 17, 2006 -3- 6. Conseil shall pay all costs incurred in extending the sanitary sewer service and connecting to Richmond Hill's sanitary sewer within Bloomgate Crescent pursuant to this Agreement including all costs incurred for preparation and execution of all required agreements and registration costs thereof. Without limiting the generality of the foregoing, upon execution of this Agreement, Conseil will pay to Richmond Hill the sum of $1,802.00 and will pay to Aurora the sum of $1,230.00. 7. Aurora shall install a meter or meters to measure the consumption of all water for or in connection with the Lands, including inter alia all buildings or facilities located on the Lands. Aurora shall provide Richmond Hill with bi-monthly reports on the cubic meters of water consumed for or in connection with the Lands. Such reports shall be provided by Aurora to Richmond Hill on or before the 151h day of the month following the end of the preceding applicable bi-monthly report period and shall provide full disclosure of the water consumed (as recorded by the aforesaid meter or meters) for the previous two (2) month period. Richmond Hill shall apply its then current Water and Wastewater Rate (being the named rate applied by Richmond Hill as at the date of this Agreement for imposing fees or charges for the use of its sanitary sewer system and the consumption of water) (or such other named rate imposed by Richmond Hill in substitution for the said Water and Wastewater Rate applicable to the catchment area of Richmond Hill to which Bloomgate Crescent is tributary) to the volume of water so consumed and shall deduct therefrom an amount equivalent to the Water Service Only Rate (being the named rate applied by Richmond Hill as at the date of this Agreement for imposing fees or charges for the consumption of water where no use is made of Richmond Hill's sanitary sewer system) (or such other named rate imposed by Richmond Hill in substitution for the said Water Service Only Rate applicable to the catchment area of Richmond Hill to which Bloomgate Crescent is tributary) also applied to the volume of water so consumed. Aurora shall pay to Richmond Hill the amount determined as aforesaid as compensation for the use of Richmond Hill's sanitary sewer system by Aurora for the applicable two - month period. Aurora shall pay such amount within thirty (30) days of receiving an invoice for this. Aurora and Conseil acknowledge that Richmond Hill's Water and Wastewater Rate and Water Service Only Rate are subject to change from time to time without notice to either Aurora or Conseil. In the event that Richmond Hill should determine, in its sole discretion, at any time in the future, to meter or otherwise gauge or measure sewage use for properties in the Town of Richmond Hill and to impose a charge based upon such gauging or measurement, Aurora shall purchase such a meter or other device necessary for this purpose from Richmond Hill and shall pay Richmond Hill for its installation. Aurora agrees that, in that event, Richmond Hill shall thereafter gauge or measure the sewage use for or in conjunction with the Lands and Aurora shall pay Richmond Hill for such -117- COUNCIL - OCTOBER 17, 2006 -a- sewage use in accordance with the rates established by Richmond Hill from time to time. In the event that Aurora fails to pay any monies as and when due pursuant to this Agreement, such unpaid monies shall thereafter bear interest at the rate established by Richmond Hill from time to time for its unpaid fees and charges related to water consumption and use of its sanitary sewer system. Without limiting the generality of the foregoing and in addition to any other remedy Richmond HIII may have, Richmond Hill may terminate the use of Richmond Hill's sanitary sewer system by or in connection with the Lands in the event that Aurora fails to pay the monies due to Richmond Hill for use of its sanitary sewer system when such monies are due under this Agreement and Aurora agrees to indemnify and save harmless and keep indemnified and saved harmless Richmond Hill from and against all actions, suits, claims and demands which may be brought against or made upon Richmond Hill, and all loss, costs, damages, charges and expenses whatsoever which may be incurred, sustained or paid by Richmond Hill in consequence of Richmond Hill so terminating the use of Richmond Hill's sanitary sewer service because of the failure to pay the monies due to Richmond Hill as aforesaid. 8. Aurora shall recover from Conseil ail sewage costs paid by Aurora to Richmond Hill under this Agreement within thirty (30) days of receipt of the invoice from Richmond Hill for such amount as is payable pursuant to Section 7 hereof, provided none of the obligations of Aurora to Richmond Hill or the rights of Richmond Hill under this Agreement are affected or otherwise compromised by the failure of Conseil to pay such costs to Aurora or by Aurora's inability to collect such costs for any reason, including a determination by a court of law that Aurora cannot collect such amounts in this manner. Richmond Hill and Aurora agree that the terms of this Agreement with respect to compensating Richmond Hill for the use of its sewer system are between the two municipalities of Aurora and Richmond Hill and do not constitute Richmond Hill billing or charging Conseil or any subsequent owner of the Lands for sanitary sewer services. It is solely the responsibility of Aurora to charge Conseil or any subsequent owner of the Lands for sanitary sewer services in accordance with any applicable legislative authority. Aurora shall deliver to Conseil copies of invoices from Richmond Hill within ten (10) days of the date of receipt of same by Aurora from Richmond Hill. The arrangement for the provision of sanitary sewer service through Richmond Hill's sanitary sewer system is an arrangement between Aurora and Richmond Hill and any moneys billed by or owing to Richmond Hill under this Agreement for this arrangement are billed to and owed by Aurora, regardless of what arrangement Aurora makes with respect to billing Conseil or any subsequent owner of the Lands for sewer services. It is solely the responsibility of Aurora to ensure that whatever it bills or charges Conseil or any subsequent owner of the Lands for the provision of sanitary sewer services is consistent with all applicable legislation. The aforesaid financial arrangement does not and shall not be construed as Richmond Hill billing or charging Conseil or any subsequent owner of the Lands for sanitary sewer services even if Aurora decides to charge Conseil or any subsequent owner of the Lands the same -118- COUNCIL - OCTOBER 17, 2006 -5- amount as Richmond Hill charges Aurora for use of Richmond Hill's sewer system under this Agreement. 9. Conseil and Aurora shall only use the sanitary sewer service provided by Richmond Hill pursuant to this Agreement for the purposes of a school operated under the authority of the Education Act with an aggregate number of students or pupils not exceeding eight hundred (800) and ancillary administration, works and maintenance facilities located or to be located on the Lands and as permitted under the Town of Aurora's zoning by-law 4766-05.D as that by-law reads as at the date of this Agreement. Neither Conseil nor Aurora shall use the sanitary sewer services provided by Richmond Hill pursuant to this Agreement for any other purpose or for any other lands. Without limiting the generality of the foregoing, Conseil and Aurora shall not use or permit to be used the sanitary sewer services provided by or through Richmond Hill for any residential or commercial development on the Lands. Without limiting the generality of the foregoing, Conseil and Aurora shall not permit any other properties other than Lands to be serviced or to connect to the sanitary sewer system on the Lands or to be serviced or to connect to the Aurora Portion of the Sewer Service so long as that system is connected to and uses Richmond Hill's sanitary sewer services without the express approval of Richmond Hill and without Aurora entering into an agreement satisfactory to Richmond Hill for that purpose. Without limiting the generality of the foregoing, Conseil shall not develop the Lands In any manner inconsistent with the aforesaid provisos without the written consent of Richmond Hill if such further development or redevelopment will or is likely to increase the use of Richmond Hill's sanitary sewer services and/or the production of sewage. In the event that: (1) Conseil and/or Aurora permit any other properties other than Lands to be serviced or to connect to the sanitary sewer system on the Lands or to be serviced or to connect to the Aurora Portion of the Sewer Service so long as that system is connected to and uses Richmond Hill's sanitary sewer services contrary to the aforesaid provisions or (ii) Conseil does further develop or redevelop the Lands in a manner inconsistent with the aforesaid provisos without the approval of Richmond Hill and the Commissioner of Engineering & Public Works for Richmond Hill determines, in his sole discretion, acting reasonably, that such further development or redevelopment will or is likely to increase the production of sewage, then, in either case, Richmond Hill shall be entitled to terminate or otherwise restrict the provision of sanitary sewer services through Richmond Hill's sanitary sewer service pursuant to this Agreement without any liability whatsoever. -119- COUNCIL - OCTOBER 17, 2006 -6- 10. In the event that Aurora's sanitary sewer system is extended to the vicinity of the intersection of Bloomington Sideroad and Bathurst Street so as to provide sanitary service to the Lands and to the lands included in the adjacent proposed draft plan of subdivision (Aurora file D12-04-01), Aurora shall connect the Aurora Portion of the Sewer Service to the Aurora system and disconnect from the Richmond Hill system and Aurora shall be responsible for all costs associated with said connection to the Aurora system and disconnection from the Richmond Hill system, including the decommissioning of the Richmond Hill Portion of the Sanitary Sewer Service and any segment of the Aurora Portion of the Sewer Service required to be decommissioned. 11. Notwithstanding anything herein to the contrary, in the event that Richmond Hill enacts restrictions upon the discharge of sanitary sewage applicable to the catchment area of the Town of Richmond Hill which Bloomgate Crescent is tributary to, Conseil shall adhere to such restrictions in the same manner and to the same extent as residents and/or landowners in the area affected by such restrictions are required to do. Failure of Conseil to fully comply with this obligation shall entitle Richmond Hill to terminate or otherwise restrict the provision of sanitary sewer services, as the case may be, to the Lands. 12. Richmond Hill may terminate the provision of sanitary sewer services to the Lands in the event that: (i) Aurora does not pay for sewage use as aforesaid; (ii) Aurora requests that Richmond Hill terminate the provision of sanitary sewer services, provided Aurora shall indemnify and save harmless and keep indemnified and saved harmless Richmond Hill from and against all actions, suits, claims and demands which may be brought against or made upon Richmond Hill, and all loss, costs, damages, charges and expenses whatsoever which may be incurred, sustained or paid by Richmond Hill in consequence of Richmond Hill complying with such a request from Aurora to terminate the provision of sanitary sewer services. 13. Aurora and Conseil shall indemnify and save harmless and keep indemnified and saved harmless Richmond Hill from and against all actions, suits, claims and demands which may be brought against or made upon Richmond Hill, and all loss, costs, damages, charges and expenses whatsoever which may be incurred, sustained or paid by Richmond Hill in consequence of Richmond Hill entering into this Agreement. 14. Conseil shall indemnify and save harmless Aurora from and against all action, suits, claims and demands which may be brought against or made upon Aurora, and all loss, costs, damages, charges and expenses whatsoever which may be incurred, sustained or paid by Aurora in consequence of Aurora entering into this Agreement. 15. Aurora and Conseil hereby release and forever discharge Richmond Hill, its employees, servants, agents and members of its Council from any and all claims, demands, actions, causes of action, suits or other proceedings whatsoever, in law or in equity, which they may hereafter have arising out of or in connection with the use of Richmond Hill's sanitary sewer system, including, inter alia, any disruption or -120- COUNCIL - OCTOBER 17, 2006 -7- interference with the said system and any obstruction of or hindrance to the discharge of sewage from the Lands to Richmond Hill's sanitary sewer system, save and except any claims, demands, actions, causes of action, suits or other proceedings arising as a result of the negligence of Richmond Hill. 16. Conseil shall register this Agreement on the title of the Lands in priority to all other claims or encumbrances or any other item or matter that the solicitor for Richmond Hill deems to be an encumbrance or claim, within 20 days of the date of execution of this Agreement by all parties and all obligations and benefits and responsibilities shall enure to all future owners, heirs and assigns of the Lands. 17. Every provision of this Agreement by which Conseil is obligated in any way shall be deemed to include the words "at the expense of Conseil": 18. Every provision of this Agreement by which Richmond Hill is obligated or may undertake any action in anyway shall be deemed to include "at the expense of Conseil and Aurora". 19. As between Aurora and Conseil, every provision of this Agreement by which Aurora is obligated or may undertake any action in any way shall be deemed to include ,.at the expense of Conseil". 20. This Agreement shall be conditional upon: (i) the Region of York acknowledging, to the satisfaction of the Commissioner of Engineering & Public Works for Richmond Hill, that the arrangements for the provision of sanitary sewer services to the Lands shall in no way limit sewage capacity allocated to Richmond Hill at anytime and, (ii) upon the Region of York approving of Richmond Hill supplying sanitary sewer services beyond the limits of the Town of Richmond Hill as provided for herein and as required by the Municipal Act, 2001, S.O. 2001, c. 25. (ill) Conseil registering this Agreement on the title of the Lands in priority to all other claims or encumbrances as provided for in Section 16. -121- COUNCIL - OCTOBER 17, 2006 21. This Agreement maybe changed only by a written amendment signed and sealed by the authorized representative of all parties. IN WITNESS WHEREOF the respective seals of Richmond Hill and Aurora and Conseil are hereunto affixed under the hand of their respective proper officers in that behalf. SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF RICHMOND HILL In the presence of ) RECOMMENDED FOR EXECUTION IN ) ACCORDANCE WITH BY-LAW NO. 220-05 ) Per: Title: Mayor ITALO BRUTTO, COMMISSIONER OF ENGINEERING & PUBLIC WORKS CONFIRMATION BY TREASURER THAT FINANCIAL CONDITIONS HAVE BEEN SATISFIED DAN ELLIOT, COMMISSIONER OF FINANCE & TREASURER CONFIRMATION BY TOWN SOLICITOR THAT ARRANGEMENTS MADE REGARDING REGISTRATION OF AGREEMENT & POSTPONEMENTS DAVID R. MELITZER, TOWN SOLICITOR Gs Per: Title: Clerk UWe have authority to bind the corporation. THE CORPORATION OF THE TOWN OF AURORA Per: Title: Mayor cis Per: Title: Clerk We have authority to bind the Corporation. CONSEIL SCOLAIRE DE DISTRICT CATHOLIQUE CENTRE-SUD Per: Title: 1 cis Per: Title: I/We have authority to bind the corporation. -122- COUNCIL - OCTOBER 17, 2006 SCHEDULE"A" Draft Plan -123- COUNCIL — OCTOBER 17, 2006 AGENDA IT=#4 TOWN OF AURORA COUNCIL REPORT SUBJECT: Access Gate Aurora War Memorial Site FROM: Allan D. Downey, Director of Leisure Services DATE: Tuesday, October 17, 2006 RECOMMENDATIONS No. LS06-047 That Council receive the attached information and provide staff with direction in this matter BACKGROUND At the October 10, 2006 Council Meeting, Council received a presentation by the delegate Dr. Don McLean, the proprietor of the Aurora Animal Clinic in the Edward Street Plaza. The purpose of Dr. McLean's delegation was to request permission to install a pedestrian gate from the rear of his veterinarian practice into the War Memorial site, to enable animals from the veterinarian practice to urinate and defecate on a turf grassed area. As a result Council adopted the following resolution That the new fence, including an access gate to the adjoining plaza, be constructed, providing that the Aurora Animal Clinic fund the cost of the construction of the gate; and That the fence be constructed using terminal posts rather than line posts at the potential gate location, providing that the Aurora Animal Clinic fund the cost of construction; and That the Director of Leisure Services consult with the Aurora Legion prior to construction of the gate, and report back to Council. Acting on this directive Staff contacted the Royal Canadian Legion, Aurora Branch with a request to comment on the matter and obtain their opinion as to whether a pedestrian gate would be acceptable. In discussion with the President of the R.C.L. Aurora Branch, Mr Len Whines, staff were advised that the matter would be tabled at the R.C.L. Aurora Branch board meeting scheduled for 8:00 PM on October 17, 2006. Mr Whines will provide a written response immediately following their board meeting. In addition, Staff contacted the fencing contractor that was retained by the Department of Leisure Services to construct this fence with instructions to install the appropriate support post to facilitate a pedestrian gate should approval be granted The price quotation for this work is also attached. ...12 —124— COUNCIL — OCTOBER 17, 2006 October 17, 2006 - 2 - Report No. LS06-047 COMMENTS N/A FINANCIAL IMPLICATIONS Current Year As per Councils direction the additional cost incurred to install this gate would be 100% recoverable from the Aurora Animal Clinic as follows *Installation of terminal gate posts $ 600.00 Installation of a permanent gate upon approval 600.00 Total cost not including GST 1 200.00 *NOTE: Cost to be paid by Aurora Animal Clinic whether permanent gate is approved or not Future Years N/A CONCLUSIONS That Council consider the attached information and provide direction to staff in this matter. LINK TO STRATEGIC PLAN Goal " B2" speaks to promoting and marketing the beauty and uniqueness of the historic and natural areas throughout Aurora. ATTACHMENTS 1. Price Quotation from Atlas Fence Inc. PRE -SUBMISSION REVIEW John Rogers, C.A.O. Review, Friday, October 13, 2006. Prepared by. Jim Tree, Parks Manager, Extension 3222 N4�- ,.M� AL AN D. DOWNE N Si ROGERS Director of Leis pre Services C.A.O. —125— COUNCIL — OCTOBER 17, 2006 ATTACHMENT 1 10 Stan+Iliod 1Cepyrigl9 1905 4NE B(.IILIJ 7"HC BE57 &FIX T}ffe RF_S'I'"' 29 COMMERCIAL RD., SUITE 101, TORONTO, ONTARIO MdC 1Z3 TEL: 416-489-0612 , FAX: 416-481.1618 www,atlaufance.co Installation COIntrAct, by tho Canadian IFance Ind Date ....,..____._,.bC-.t_I.._1.-Ll6...... ....-_-..._...._. . _ __.... Company ___-- 40AFA q0 MEMBER Association P.O. N -- E9 (A�M.i Q �----- Project ..... ..... `-...... �_.—_ -- Cuslomer �F1rr.._.', _. �' AVYC(j1[4,A-- Address ,_.%�.M.�«.L�!A'1.=.k-- -.-__ Address _ . ........ _.... ,_ _.._..._ CHAIN LINK WROUGHT IRON WOOD EXIST. SITE CONDITIONS HEIGHT LOOP TOP f'I CEDAR F! CLEAR "'I SLOPING -, . -.- .__ U PFN '., BWO I RAILING PRESS. TREATED U ARROWNEAWPICNET 1- GUSHES I.! HILLY COLOUR !_ GALV —.--- -- I.,: BOARD ON BOARD 7:1 TREES I,' STEEP �E2R SIZE P POST SIZE'POST :"SINGLE FACE FENCE SPADING ,'-!EXISTING GAUGE U 6 :_: 9 ❑ 11 -"'"'---:' FOOTING SIZE_ 1'' LATTICE L1 TOP CAP L% TAKE DOWN 12 BLACK n BROWN C GREEN C WHITE POST CAPS TOP Of FENCE CUST '.. ATLAS FRAMEWORK HAIL SIZE P: STRAIGHT GRADE LEAVE ON SITE :::C0LCURC1 GALV I- N° OF RAILS _ : 1 FOLLOW CONTOUR ... TAKE AWAY 'I 1 AINE PICKETS/BOARDS ;N LEVEL :: STEPPED ASPHALT 71 DRIVEN :", CEMENTED Sin Spacing BOTTOM DP FENCE . CEMENT POSTS ON PLATE OLD FOUNDATION TOP RAIL O.O. ❑ MIO RL, :J DO(. RL. hnchns above grade) I'll. L (Nekelp Lot LINEAR FT. PC - - 190.pp CST PST 1%02.0TOTAL DO%DEPOSIT WITH ORDER fJCA5H ❑CH50UE oER BALANCE DUE ON COMPLETION OF PROJECT. _ DAL, STAKE: OUT RESPONSIBILITY CUSTOMER 011ELL CKFIBRE OPTIC CrHYORO CABLE T.V. ATJ LAg ) 1. CUSTOMER TO PLACE STAKES WHERE FENCE IS TO BE INSTALLED Q ON PROPERTY LINE f i 2" INSIDE 2. PRICE EIASED ON NORMAL OROLINO CONDITIONS ANO A CLEAP FENCE LINE (see roverse) 3. WORKMANSHIP AND MATERIAL GUARANTEED 1 YEAR OATEPHONE rvEO PO. # RbGRH C.F — NOTES: SIGNATURE 11;g1.;A.Iq,p,I;I ILl I111- 111 R&I'Al 11)(:Ut 11-111,)[P; II':AII .A"; 'I 111111 n�'II II II OFFICE I'll":'PIIS': �;11 I: T001n all 01NOU01 HDN33 SB'I.LV lara � IEIK�I HT9T TRV 9TV %Bd TO:91 90OZ/1T/11T COUNCIL — OCTOBER 17, 2006 TOWN OF AURORA COUNCIL REPORT SUBJECT: Request for Space FROM: Allan D. Downey, Director of Leisure Services DATE: Tuesday, October 17, 2006 RECOMMENDATIONS No. LS06-046 THAT Council declare the existing snack bar at the Aurora Family Leisure Complex as vacant; and THAT Council permit the use of that space by the Aurora Figure Skating Club for relocation of their Club Office. BACKGROUND The Aurora Figure Skating Club was relocated to the Aurora Family Leisure Complex in 2001 in an effort to address ice use and scheduling conflicts with minor hockey. In addition, the Leisure Complex ice could be maintained at a temperature more suitable to the figure skaters, since they were going to be the primary users. Since that date, a number of changes have occurred to accommodate this move, such as the relocation of equipment, music room, coaches etc. The office for the Club has remained at the Aurora Community Centre #2 because of a lack of space at the Aurora Family Leisure Complex. Staff have been contacted by the President of the Aurora Figure Skating Club requesting a possible relocation of their office to the snack bar area of the facility (see attached). COMMENTS With the reallocation of ice, the revenue from the snack bar has declined steadily (from approximately $4,500 in 2002 to $1,075 in 2005) since minor hockey is not permitted at the Aurora Family Leisure Complex to as great a degree before the move in 2001. Staff have requested a letter from the vendor responsible,for the snack bar, for their comment (see attached) regarding the request of the Aurora Figure Skating Club. The equipment located with the snack bar could be relocated to the Aurora Recreation Complex and assist in supporting the operation at that facility. The vacated space could them be allocated to the Aurora Figure Skating Club, who would be responsible for all leasehold improvements. ..../2 —127— COUNCIL — OCTOBER 17, 2006 October 17. 2006 -2- Report No. LS06-046 FINANCIAL IMPLICATIONS The loss of revenue from the snack bar at the Aurora Family Leisure Complex would be approximately $1,075.00 per year. The office space would be available at no cost, however all leasehold improvements would be the responsibility of the Aurora Figure Skating Club. OPTIONS Council may decline the request of the Aurora Figure Skating Club and continue to operate a snack bar at the Aurora Family Leisure Complex. CONCLUSIONS The Aurora Figure Skating Club provides a valued service to the community and pays significant permit fees for the use of our facilities. The relocation of their office space would assist them in the effective delivery of their programs and operations of their organization. LINK TO STRATEGIC PLAN Goal "BS' speaks to preserving and maintaining the heritage of Aurora's communities through promoting community programs and events; and Goal "C4" speaks to continuing to provide recreational programs and services that are responsive to the changing needs of residents. ATTACHMENTS 1. Letter from the Aurora Figure Skating Club dated October 2, 2006. 2. Letter from Recreation Leisure Services Ltd. dated October 2, 2006. PRE -SUBMISSION REVIEW Management Team Meeting, Wednesday, October 11, 2006. Prepared by. Allan Downey, Director of Leisure Services, Extension 4752. ALLAN D. DOWNEY 4 ; OWN S. ROGERS Director of Leisure Services C.A.O. —128— COUNCIL — OCTOBER 17, 2006 Sc October 2, 2006 Al Downey Town of Aurora Leisure Services Department 1 Municipal Drive Aurora, Ontario L4G 6J1 Dear Mr. Downey, ATTACHMENT 1 The Aurora Skating Club would like to request that we be allowed to move our club office currently located in the Aurora Community Center overlooking pad 2 to the Aurora Family Leisure Complex in area currently occupied by the snack bar. We have previously requested that our club office be located in the same building as the ice pad we were using. In the past the Aurora Skating Club used the ACC 2 for its main programs and our club office overlooked this ice pad. A few years ago we were asked by Leisure Services to relocate to the AFLC but our club office remained at ACC 2. As you know, the Aurora Skating Club uses the AFLC 6 days a week for 30+ hours of ice, 9 months of the year. We also rent AFLC activity rooms for our off ice programs as well the Gym for the senior and advance kids conditioning programs. With the additional ice requests this year the Aurora Skating Club will contribute close to $200,000 for these services. The Town of Aurora has grown and so has our registration numbers with 600+ skaters last year, an approximate 23% increase. Our Canskate programs which represent the majority of skaters in our club have 14 registration days per season because the programs are divided into 7-8 week sessions, 7 sessions per week. Not all parents can make it to a registration day so they register at our club office at the ACC 2. Most of these kids and parents are new to the town and are new users of the towns' facilities so when we ask them to go to one rink to register and another to skate there is always confusion. The snack bar located at the AFLC and is not used to my knowledge. The Aurora Skating Club is using the rink Monday to Friday from 4:OOpm to 9:30pm as well as Saturdays from 9:OOam to 12:00pm and the snack bar is never open. The room size is about the same as we have at ACC 2 and again it would eliminate the parent confusion of registering in one facility and skating in a different one. We would also be freeing up a space at the ACC 2 for a user of that facility. —129— COUNCIL — OCTOBER 17, 2006 AURORA SC The Aurora Skating Club has a long, 54 year history in this community. We strive to make our club as professional as possible which has attracted some excellent coaches. We now have kids skating competitively at the provincial level representing our club and our town. You have indicated that you would like us to really make the AFLC our home, something the club executive and coaches are looking forward to working towards. Having our club office in the same facility would be a great help and a step in the right direction. I look forward to hearing from you soon on this request. Sincerely, Mike Riggs President Aurora Skating Club Auroraskatin c lub(abellnet.ca 905-713-1442 —130— COUNCI CTOBER 17, 2006 1213110 [zoo fo© L e isure services L�cL. October 2, 2006 Town of Aurora 1 Municipal Drive Box 1000 Aurora, ON. L4G 6J1 Director of Leisure Services Attention: Mr. A. Downey Re: Leisure Complex Arena Snack Bar Dear Al, ATTACHMENT-2 As per the recent request from the Aurora Skating Club, Please be advised that Recreation Leisure Services Ltd. has no problem in granting this request that Aurora Skating Club take over the concession area for office or operations use. As you are aware with significant programming changes, the concession operations has become a significant loss to us. If you have any further questions or concerns do hesitate to contact us, and once again to you and your staff, thank you for your support. Warmest regards, Ru ty J. Barrese Cc: D. Peirce P.O. Box 71504, AURORA, ON L4G 6S9-1 8'P44ONE: 905.713.2099 FAX: 905.713.2755 COUNCIL — OCTOBER 17, 2006 TOWN OF AURORA COUNCIL REPORT SUBJECT: Relay for Life FROM: Allan D. Downey, Director of Leisure Services DATE: Tuesday, October 17, 2006 RECOMMENDATIONS No. LS06-045 THAT Council approve the Canadian Cancer Society Relay for Life 2007 in Lambert Willson Park and the Aurora Family Leisure Complex on June 8rh and 9th, 2007; and THAT all municipal permit fees be waived in support of the event. BACKGROUND General Committee received a delegation from the President of the Canadian Cancer Society — Holland River Unit requesting support for their 2007 Relay for Life. The following motion was adopted at Council on September 12, 2006. General Committee recommends: THAT the comments of the delegate be received for information; and THAT this request be referred to the Director of Leisure Services to determine an appropriate level of support and location for holding the "Relay for Life" in Aurora. CARRIED COMMENTS In response to Council's direction, staff have met with representatives of the event to determine the scope of activities, space and facility requirements etc. in preparation of this report. As a result of our discussions the following facilities are being requested: Lambert Willson Park: - Diamond #1 and #2 - Shelter - Washroom - Adjacent Trails —132— ....i2 COUNCIL — OCTOBER 17, 2006 October 17, 2006 -2- Report No. LS06-045 Aurora Family Leisure Complex: - Arena Floor - Activity Room - Office Space The events are scheduled to commence on Friday, June 8th, 2007 at approximately 8:30 a.m. and conclude on the afternoon of Saturday, June 9th, 2007. This event once started, continues non-stop until Saturday. Participants will be camping overnight in the park in tents provided by the organizers. In addition to the dates of the event the Town is requested to provide a location for a Media Event Launch and a Captain's Rally in February and May respectively. Dates and site location have not been determined at this time. The event organizers have also provided a list of supplies required for the two (2) days. Thev are as follows: Tables: - 10 at 6 feet each - 12 at 8 feet each Chairs - 100 Recycling Containers - 6 Garbage Cans - 15 Megaphones - 2 Picnic Tables - 12 Bleachers - 4 Two way radios - 8 Additional considerations relating to the event include sufficient parking for approximately 50 cars, waiver of the Noise By-law for the Friday night, security lighting in the park overnight from some of the ball diamond lights and the request of a staff person to act as a point of contact during the event. FINANCIAL IMPLICATIONS The event organizers have requested the waiving of all municipal permit fees which will represent our contribution as an event sponsor: Park set-up/clean-up fee and Ball Diamond Permit Fee: _ $ 600.00 Arena Permit Fee: _ $3,487.00 Activity Room Permit Fee: _ $ 910.00 Building Permit Fee 2 at $150.00 Per Fee: = 450.00 MUNICIPAL PERMIT FEE TOTAL: = 447.00 OPTIONS That Council not support this event at this time and consider the event in future years ../3 —133—. COUNCIL — OCTOBER 17, 2006 October 17, 2006 - 3 - Report No. LS06-045 CONCLUSIONS The "Relay for Life" event is extremely well attended at Pickering College to a point where expansion of the facilities is necessary. The venues proposed in this report have been inspected by the organizers and meet with their satisfaction. Staff recommend that Council approve the venues proposed and the waiving of all permit fees. LINK TO STRATEGIC PLAN Goal "133" speaks to preserving and maintaining the heritage of Aurora's communities through promoting community programs and events; and Goal "C5" speaks to implementing and promoting a volunteer management program including a process to inform residents of issues and volunteer opportunities. ATTACHMENTS 1. Relay for Life — Site Map. 2. Photographs of past event set-ups. 3. Extract from General Committee Meeting No. 06-14 held Sept. 5, 2006. 4. Canadian Cancer Society List of Requirements. 5. Email from Christina Lush, Canadian Cancer Society dated Sept. 29, 2006. PRE -SUBMISSION REVIEW Management Team Meeting, Wednesday, October 11, 2006. Prepared by: Allan Downey, Director of Leisure Services, Extension 4752. ALLANXD.. D—OWNEY JOHN S. ROGERS Director of Leisure Services C.A.O. —134— @3 IL - OCTOBER 17, 2006 Reary rw ure �0 ATTACHMENT 1 ® Canadian Societe Cancer canadienne Society du cancer Rala�s ssuuna RELAY FOR LIFE 2006 SITE MAP PICKERING COLLEGE, 16945 Bayview Avenue 1. Courtyard: resting place, pancakes (Sat. a.m.); 2. Staff room: Survivors' Reception 4 & 5: Portable washrooms. 6. Walkway for wheelchairs. 7. South Entrance. A. First Aid B. Registration C. Luminaries D. Smart Shop E. Volunteer Registration F. Activities G. Massage Therapy H. Food East e Track Parking Parking t 4 Start/Finish sa Arena 5. Women's Only Washroom North No Parking/No Cars Area I South 1. Courtyard 2. Survivor Reception Bayview Avenue 0 0 Main Stage 0 TENT D VILLAGE FE EEI 0S. washrooms n0 E ONc Coe C .s rig �m Grog' up *PLANcorp �z SOLUTIONS BUILT AROUND vain o,rou. eimxm Print Media Event Sponsor Luminary Sponsor Survivor Sponsor Radio Media Sponsor Sponsor 0 i F.A.S. T. Roadhouse and Rose Funeral Home � /AllIlWAA,4YALI Lazer Laraoke Supporting ponsors Quiet Village and Parking Washrooms 7. South Entrance ►* ROGERS' 44 televi ' n Television Media Sponsor Hallmark Cards, Aurora Town of Newmarket