Agenda - Council - 20100713COUNCIL MEETING
AGENDA
N0.10-16
TUESDAY, JULY A 2010
7:00 P.M.
COUNCIL CHAMBERS
AURORA TOWN HALL
PUBLIC RELEASE
July 9, 2010
AUIZQRA
TOWN OF AURORA
COUNCIL MEETING
AGENDA
NO. 10-16
Tuesday, July 13, 2010
7:00 p.m.
Council Chambers
I DECLARATIONS OF PECUNIARY INTEREST
H APPROVAL OF AGENDA
RECOMMENDED:
THAT the agenda as circulated by the Customer and Legislative Services
Department be approved as presented.
Ill OPEN FORUM
IV ADOPTION OF MINUTES
Council Minutes of Tuesday, June 22, 2010
RECOMMENDED:
pg. 1
THAT the Council minutes of Tuesday, June 22, 2010 be adopted as printed
and circulated.
V PRESENTATIONS
None
VI PUBLIC SERVICE ANNOUNCEMENTS
VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Council Meeting Agenda
Tuesday, July 13, 2010
Page 2 of 13
Vlll ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
IX DELEGATIONS
(a) Chelsea Campbell, Youth Councillor
Re: Youth Councillor Inaugural Program
(b) Adrian Bulfon, Youth Councillor
Re: Youth Councillor Inaugural Program
X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
XI REGIONAL REPORT
pg. 10
pg. 11
York Regional Council Highlights —July 13, 2010 pg. 290
Mayor's Report
RECOMMENDED:
THAT the Regional Report be received.
Xll NEW BUSINESS/GENERAL INFORMATION -COUNCILLORS
Xlll CLOSED SESSION
RECOMMENDED:
THAT Council resolve into a Closed Session, following adjournment, to
consider:
1. Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board;
Re: Bonfield v. The Town
The Town v. Bondfield, NORR and Aveiro
The Town v. Zurich
2. A proposed or pending acquisition or disposition of land for municipal or
local board;
Re: Proposed Lease of 215 Industrial Parkway to Department of
National Defense
Council Meeting Agenda
Tuesday, July 13, 2010
Page 3 of 13
3. Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board;
Re: Westhill Redevelopment Company Limited, Ontario Municipal Board
Appeal
XIV READING OF BY-LAWS
RECOMMENDED:
THAT the following listed By-laws be given 1st, 2nd and 3rd readings, and
enacted:
5206-10 BEING A BY-LAW to declare as surplus, pg. 297
close and sell Ross Street to Metrolinx
(Report CAO10-011)
5259-10 BEING A BY-LAW to appoint a Joint pg. 299
Compliance Audit Committee
(Report CLS10-018)
5260-10 BEING A BY-LAW to assume above pg. 303
ground and below ground municipal services,
to establish certain lands as highways, and to
assume highways (Aurora Gardens Subdivision)
(ReportlES10-032)
5261-10 BEING A BY-LAW to amend Parking pg. 305
By-law 4574-043, as amended, with
respect to stopping on Mavrinac
Boulevard
5262-10 BEING A BY-LAW to amend pg. 306
Zoning By-law No. 2213-78, as amended
(15387 Yonge Street)
(ReportPL10-048)
5263-10 BEING A BY-LAW to amend the Council pg. 310
Code of Conduct
(Report LGL10-003)
5264-10 BEING A BY-LAW to amend By-law pg. 312
5130-09.D and Zoning By-law No. 2213-78,
As amended (222, 230, 236 and 244
Wellington Street East)
(Report PL10-046)
Council Meeting Agenda
Tuesday, July 13, 2010
Page 4 of 13
5266-10 BEING A BY-LAW to amend the Town's pg.317
Business Licensing By-law relating to
Taxicab Meter Rates
(Report BBS10-008)
5265-10 BEING A BY-LAW to Confirm Actions by pg. 318
Council Resulting from Council Meeting
10-16 on July 13, 2010
XV ADJOURNMENT
Council Meeting Agenda
Tuesday, July 13, 2010
Page 5 of 13
AGENDA ITEMS
1. CAO10-011 — Offer to Purchase from Metrolinx (Go Transit) for pg. 12
Road Allowance Known as Ross Street
RECOMMENDED:
THAT the Offer to Purchase Agreement between the Town and. Metrolinx be
approved in the form attached to Report CA010-011 and that the Mayor and
Clerk take all actions and execute all necessary documentation in connection
with the sale of Ross Street; and
THAT Council enact By-law 5206-10 to declare as surplus, close and sell
Ross Street on Plans 17 and 68.
2. CAO10-012 — Yonge Street Entryway Sign Replacement Project pg. 40
RECOMMENDED:
THAT Council receive report CAO10-012; and
THAT Council award the contract for the installation of two entryway signs at
Yonge Street and Bloomington Sideroad and Yonge Street and St. John's
Sideroad to Aurora Sign Inc. at $6,075 per sign, plus applicable taxes and
permit fees, as illustrated in Attachment #1; and
THAT Council expand the scope of work to include the removal and
replacement of one additional entryway sign located at Wellington Street and
Bathurst Street and the removal and disposal of the existing entryway signs
on Yonge Street at Allaura Boulevard and Orchard Heights Boulevard,
respectively; and
THAT Council expand the previously approved budget from $20,000 to a total
of $26,000.00 funded from municipal capital reserve to accommodate the
third sign.
3. CAO10-013 — Advisory Committee Accomplishments pg. 44
RECOMMENDED:
THAT report CA010-013 be received.
Council Meeting Agenda
Tuesday, July 13, 2010
Page 6 of 13
4. BBS10-008 —Harmonized Sales Tax (H.S.T.) Taxicab Fares pg. 79
Rate Increase
RECOMMENDED:
THAT Council approve an increase of taxicab fares found within Appendix "A"
to Schedule 13 of Licensing By-law No. 4258-01.P as a result of the
implementation of the Harmonized Sales Tax.
5. CFS10-026 — 2011 Budget Preparation and Draft Council pg. 84
Review Meeting Schedule
RECOMMENDED:
THAT staff proceed to develop the 2011 operating and capital budgets
following the general principles and directions outlined in Staff Report CFS10-
026; and
THAT the proposed 2011 Budget preparation and Special General Committee
review meeting schedule be received; and
THAT the Town Clerk be directed to formally schedule the Special General
Committee meetings for purposes of Budget Review set out in Attachment #2.
6. CFS10-027 — Interim Operating Budget Forecast — as at May 31, 2010 pg. 90
RECOMMENDED:
THAT the overview of results of operations for the five -month period through
to May 31, 2010 and the forecast to end of year report from Management be
received.
7. CLS10-017 —Pending List pg. 98
RECOMMENDED:
THAT report CLS10-017 be received.
Council Meeting Agenda
Tuesday, July 13, 2010
Page 7 of 13
8. CLS10-018 — Joint Compliance Audit Committee By-law pg. 129
RECOMMENDED:
THAT Council enact a by-law to establish a Joint Compliance Audit
Committee.
9. IES10-031 — Bloomington Road Reconstruction — Bathurst Street pg. 136
to Yonge Street — Sidewalk/Bikeway and Illumination
RECOMMENDED:
THAT Council authorize that the Regional detailed design of Bloomington
Road Reconstruction be revised to delete the sidewalk, illumination, and off -
road bikeway from Yonge Street to Bayview Avenue; and
THAT Council authorize funding for the construction of sidewalk, off -road
bikeway, and illumination on Bloomington Road between Bathurst Street and
Yonge Street per Capital Project No. 31056 at a budget of $644,000; and
THAT the funding of $75,000 for Capital Project No. 31038 for a needs
assessment be returned to the appropriate reserve fund.
10. IES10-032 — Acceptance of Municipal Services —Aurora Gardens pg. 144
Subdivision — Registered Plan 65M-3222
RECOMMENDED:
THAT Council accept the municipal services contained within Registered
65M-3222 being Aurora Gardens Subdivision as detailed in Report No.
IES10-032; and
THAT Council enact By-law No. 5260-10 for the assumption of the subject
municipal services; and
THAT the Director of Infrastructure & Environmental Services be authorized
to issue a Certificate of Acceptance of public works for said lands as required
under Section 3.12 of the Subdivision Agreement; and
THAT the Treasurer be directed to release the municipal servicing securities
held in relation to this part of the Aurora Gardens Subdivision.
Council Meeting Agenda
Tuesday, July 13, 2010
Page 8 of 13
11. IES10-033 — Funding Increase for Pavement Markings pg. 150
RECOMMENDED:
THAT Council authorize the increase to purchase order No. 2009-000-393 for
KDN Pavement Markings Ltd. from $49,000 to $115,000 excluding taxes to
extend the existing pavement marking services contract PW2009-37.
12. IES10-034 — Award of Tender No. IES2010-42 — Hardscaping pg. 152
Improvements, Library Square
RECOMMENDED:
THAT Tender No. IES2010-42 - Hardscaping Improvements, Library Square,
be awarded to Forest Ridge Landscaping Inc. at the tendered price of
$108,762 plus applicable HST; and
THAT the budget surplus of $27,612 be returned to source; and
THAT Council authorize the Mayor and Clerk to execute the necessary
Agreements for the project.
13. IES10-035 — Train Anti -Whistle — Pedestrian Gates Design pg. 156
RECOMMENDED:
THAT Council waive the purchasing by-law requirements for competitive bid
and allow sole sourcing to AECOM Canada Ltd. being the authorized
consultant to Metrolinx (Go Transit) for $166,110 plus taxes for the pedestrian
gate design tender document preparation and site inspection at the Town's
railway crossings; and
THAT Council authorize the Mayor and Clerk to execute the necessary
Agreements for the project.
Council Meeting Agenda
Tuesday, July 13, 2010
Page 9 of 13
14. LGL10-003 — Amending the Council Code of Conduct Complaint pg. 159
Protocol
RECOMMENDED:
THAT Council receive Report No. LGL10-003; and
THAT Council enact By-law 5263-10, being a By-law to amend the Council
Code of Conduct, to amend Part B: Formal Complaint Procedure — Integrity
Commissioner, as contained within section 12 of the Council Code of Conduct
(Compliance with the Code - Complaint Protocol), to provide for a moratorium
on making formal complaints to the Integrity Commissioner between August 1
of an election year and the date that the new Town Council is organized.
15. PR10-020 — Aurora Soccer Club Renewal of Lease pg. 170
RECOMMENDED:
THAT Council authorize the Mayor and Clerk to renew the existing lease with
the Aurora Soccer Club (ASC) for a further five (5) year term in accordance
with section 3(2) of the existing Agreement.
16. PR10-028 — 2010 Community Grant Requests — Additional pg. 200
Requests
RECOMMENDED:
THAT the 2010 Community Grant requests received from the Ms Annie
Wang, the Aurora Skating Club, the Aurora Seniors Association and the Wells
Street School Council be approved in the amount of $2,502.30.
17. PL10-046 — Zoning By -Law Amendment and Site Plan Applications pg. 204
Robert Colagiacomo in Trust and 1769123 Ontario Inc
222 and 244 Wellington St. E and 230 and 236 Wellington St. E.
File Numbers D14-01-10 and D11-11-08(A)
RECOMMENDED:
THAT Implementing Zoning By-law 5264-10 be enacted to rezone the subject
lands from 'Rural General (RU) Zone" to "Service Commercial (C3-17)
Exception Zone" and to amend the lands zoned "Service Commercial (C3-17)
Exception Zone" to permit site specific commercial uses, offices, clinics and
retail uses and including site specific development standards and a reduced
parking standard; and
Council Meeting Agenda
Tuesday, July 13, 2010
Page 10 of 13
THAT subject to any issues or comments raised by Council and subject to the
approval of the cross easements and lot line adjustment applications as
discussed in this report by the Committee of Adjustment; Site Plan
Application ( D11-11-08 (A)) be approved to permit the construction of two
additional buildings within the existing commercial office development; and
THAT Council authorize the Mayor and Clerk to execute the Site Plan
Agreement.
18. PL10-047 — Aurora Promenade Streetscape Plan and Related
"Downtown — Core Area" Capital Works pg. 220
RECOMMENDED:
THAT Council authorize the expenditure of a maximum of $20,000 for an
"Aurora Promenade Streetscape Design and Implementation Plan"; and
THAT $30,000 be allocated for the Quick Wins initiatives and improvements
in the Promenade Area.
19. PL10-048 - Zoning By-law Amendment Application
Antonio Picheca pg. 222
15387 Yonge Street
Lot 15, Plan 5
File Numbers D14-20-08 and D11-06-09
RECOMMENDED:
THAT Implementing Zoning By-laW 5262-10 be enacted to amend the existing
Special Mixed Density Residential (135-12) Exception Zone" to permit a
personal service shop as an additional permitted use, a reduced parking
standard and site specific development standards; and
THAT subject to any issues or comments raised by Council, Site Plan
Application D11-06-09 be approved to permit the construction of a two storey
commercial building; and
THAT Council authorize the Mayor and Clerk to execute the Site Plan
Agreement.
Council Meeting Agenda
Tuesday, July 13, 2010
Page 11 of 13
20. Correspondence from the Town of Wh itch u rch-Stouffville pg. 236
Re: York Region Courts for Provincial Offences — Proposed
Amendments to Inter -Municipal Agreement (J00)
RECOMMENDED:
THAT Council receive the correspondence.
21. Correspondence from Bob Callow, Chair pg. 252
Aurora Mayor's Prayer Breakfast Committee
RECOMMENDED:
THAT the letter dated June 21, 2010 from Mr. Callow be received; and
THAT the Town of Aurora Council recognize and endorse the Aurora Mayor's
Prayer Breakfast taking place on November 9, 2010.
22. Memorandum from Mayor Morris pg. 254
Re: Recipients of the 2010 Town of Aurora Governance Awards
RECOMMENDED:
THAT Council receive the Memorandum from Mayor Morris regarding
Recipients of the 2010 Town of Aurora Governance Awards.
23. Memorandum from Mayor Morris pg. 256
Re: Letter from Aurora Chamber of Commerce regarding the
15th Annual Aurora Chamber Street Festival
RECOMMENDED:
THAT the letter from the Aurora Chamber of Commerce regarding the 15th
Annual Aurora Chamber Street Festival be received.
24. Memorandum from Mayor Morris pg. 258
Re: Letter from Mayor R. Bonnette of the Town of Halton Hills
regarding Motion: Request to Province to Cover all Appeal Costs
to the Ontario Municipal Board for Growth Plan Conformity Exercises
RECOMMENDED:
THAT the letter from Mayor R. Bonnette be received; and
Council Meeting Agenda
Tuesday, July 13, 2010
Page 12 of 13
THAT Council endorse the recommendations re Motion: Request to Province
to Cover All Appeal Costs to the Ontario Municipal Board for Growth Plan
Conformity Exercises.
25. Memorandum from Councillor MacEachern pg. 264
Re: Notice of Motion Provided at June 15, 2010 General Committee
Meeting
Re: Meeting Attendance Record
RECOMMENDED:
THAT Council provide direction.
26. Memorandum from John D. Leach, Director of pg. 265
Customer & Legislative Services/Town Clerk
Re: Report to Council from Integrity Commissioner, David H. Tsubouchi,
Complaint #001
RECOMMENDED:
THAT the Report to Council regarding Complaint #001 from Integrity
Commissioner, David H. Tsubouchi, dated July 3, 2010 be received.
27. Memorandum from John D. Leach, Director of pg. 271
Customer & Legislative Services/Town Clerk
Re: Report to Council from Integrity Commissioner, David H. Tsubouchi,
Complaint #002
RECOMMENDED:
THAT the Report to Council regarding Complaint #002 from Integrity
Commissioner, David H. Tsubouchi, dated July 3, 2010 be received.
28. Memorandum from the Director of Building and By-law Services pg. 279
Re: OSPCA York Branch Ringworm Update
RECOMMENDED:
THAT Council receive the memo dated July 13, 2010 regarding the Ontario
Society for the Prevention of Cruelty to Animals (OSPCA) York Branch
Ringworm Update.
Council Meeting Agenda
Tuesday, July 13, 2010
Page 13 of 13
29. Memorandum from the Manager of Legislative Services/Deputy Clerk pg. 281
Re: Central York Fire Services — Joint Council Committee Minutes of
June 29, 2010
RECOMMENDED:
THAT Council endorse the recommendations of the Central York Fire Services
Joint Council Committee.
30. EDAC10-04 — Economic Development Advisory Committee pg. 282
Meeting Minutes of June 10, 2010
RECOMMENDED:
THAT the Environmental Advisory Committee Meeting minutes of the June
10, 2010 meeting be received and the recommendations contained therein be
approved.
31. Adoption of Recommendations from Closed Session pg. 289
Meeting of April 27, 2010
RECOMMENDED:
THAT the recommendations from the Closed Session meeting of Council
held on April 27, 2010 regarding the following matter be approved:
1) Advice that is subject to solicitor -client privilege, including
communications necessary for that purpose; Re: Aurora Gardens
Development Corp. Ltd., Proposed Assumption by the Town of
Subdivision 65M-3222.
Adoption of Recommendations from Closed Session
Meeting of June 15, 2010
RECOMMENDED:
THAT the recommendations from the Closed Session meeting of Council held
on June 15, 2010 regarding the following matter be approved:
1) Labour relations or employee negotiations; Re: CUPE Negotiations —
Update and Direction.
Council Agenda Minutes - 1
July 13, 2010 AuR_ORA
TOWN OF AURORA
COUNCIL MEETING MINUTES
NO. 90-'15
ATTENDANCE
COUNCIL MEMBERS
MEMBERS ABSENT
Council Chambers
Aurora Town Hall
Tuesday, June 22, 2010
Mayor Morris in the Chair; Councillors Collins-Mrakas,
Gaertner, Gallo, Granger, MacEachern, McRoberts, and
Wilson
Councillor Buck
Chief Administrative Officer, Director of Customer and
Legislative Services/Town Clerk, Director of Building and
By-law Services, Director of Parks and Recreation
Services, Director of Planning and Development
Services, Director of Corporate and Financial
Services/Treasurer, Associate Solicitor, Manager of
Operation Services, Youth Councillor Adrian Bulfon, and
CounciVCommittee Secretary
Mayor Morris called the meeting to order at 7:04 p.m.
I DECLARATIONS OF PECUNIARYINTEREST
None
H APPROVAL OFAGENDA
Moved by Councillor Oranger Seconded by Councillor Gallo
THAT the agenda as circulated by the. Customer and Legislative Services
Department be approved with the following additions:
➢ Correspondence from Mr. and Mrs. Rey -Reiter
Re: Item 7 — TSAC 10-02 — (1) TSAC10-004 — Speeding Concerns on
Conover Avenue and Request for a Three -Way Stop Sign Control at
the Conover Avenue and Halldorson Avenue Intersection
➢ Memorandum from Ivy Henriksen, Accessibility Advisor and
Melodie McKay, Manager of Recreation
Re: Funding for Summer Camp integration Staff
➢ Additional Information for Item 3 - CFS10-022 — Year -End Financial
Statements
Re: Consolidated Statement of Financial Position, pages 2, 3, and 4
(Please place between pages 62 and 63.)
➢ Delegation (a) Mr. Barry Quinn, Vice President of Aurora Jr. A Tigers
Hockey Club
Re: Item 10 — 2010-2011 NCAA College Showcase
CARRIED
-1-
Council Agenda Council Meeting Minutes
July 13, 2010 Tuesday, June 22, 2010
Page 2 of 9
Minutes - 2
Ill 'OPEN FORUM
Mr. Klaus Wehrenberg, representing the Trails Sub -Committee, addressed Council
regarding three projects currently underway within the Town of Aurora, expressing
concerns regarding the Region's lack of support for the development of underpasses .
on Regional roads to accommodate trails within the municipality. He suggested that
Council express to the Regional Municipality of York its support of grade separations
across Regional roads and that Aurora wants its policies respected, and that Council.
should formally ask to receive specific information from the relevant Regional offices.
Lastly, Mr. Wehrenberg requested that Council formally inform the Region that it is
not prepared to allow any of the projects to proceed unless the requested
information is provided in writing and the Town has the opportunity to assess the
information and make informed decisions.
Ms. Sher St. Kitts addressed Council with respect to .two upcoming events in the
Town of Aurora: the Multi -Cultural Celebration Day in the Town Park on Saturday,
June 26, 2010; and the Canada Day Celebrations and parade being held on
Thursday, July 1, 2010. She advised that both events have many volunteers, are
offering fun activities for everyone to participate in, and urged residents to wear their
red and white and be ready for surprises at the Canada Day Celebrations. Ms. St.
Kitts stated that the theme will be the Olympics, with torch bearers and First Nations
participating in the parade and other activities, and invited all of Aurora to come out
In their ancestral clothing to participate in the Town Park from 9 a.m. to 1 a.m. on
Saturday, June 26, 2010.
Mr. Don Hill addressed Council regarding the controversy surrounding a light pole at
the new baseball diamond being constructed in the Stewart Burnett Park. He was
concerned about statements printed in the local. newspaper and wanted to clarify
some of the issues. Mr. Hill wanted it known that the Mayor, Council and staff were
exemplary in their handling of the issue and in no way compromised their ethical
commitment to serve the people in the Town of Aurora. He further stated that the
light pole no longer presented a problem as the existing tree foliage has filled out
and the light pole is less visible. Mr. Hill indicated that only one new tree may be
required and perhaps even that may not be necessary.
Ms. Sunny Reuter addressed Council regarding the lack of information and
accountability on the part. of the OSPCA with respect to the recent ringworm
outbreak at the Newmarket facility. She stated that an independent investigator was
to be appointed to investigateand report on this outbreak, however, this has not
occurred and there has been no subsequent follow-up on the part of the OSPCA
regarding the Newmarket shelter. Ms. Reuter stated that MPP Frank Klees will
speak regarding the lack of provincial oversight of the OSPCA at a rally at Queen's
Park on July 10, 2010 and she requested that Council accept the Information
provided and follow up with an update to the residents of Aurora. The Director of
Building and By-law Services will provide an update to Council on July 13, 2010.
Ms. Flory Avgousti addressed Council regarding her daughter Thalia, who has
Cerebral Palsy, and her need to seek treatment outside of Canada. She advised
that her family is fundraising toward a goal of $40,000 to make the journey to
Germany for stem cell treatment. The family held two successful events over the
past few weeks and has raised almost $24,000. Ms. Avgousti thanked the
community of Aurora for their support and asked for their continued support of her
family's upcoming fundraising efforts.
Mr. David Heard addressed Council to ask why the Neighbourhood Network has not
yet partnered with the Town; why the grant given by Council to the Farmers' Market
has a specific allocation to be used for special events; and why Rogers Cable TV. is
discontinuing their coverage of Council meetings through the summer months. Mr.
Heard advised that he felt Rogers Cable TV should continue this coverage to ensure
transparency for the community.
-2.
Council Agenda Council Meeting Minutes
July 13, 2010 Tuesday, Juno 22, 2010
Page 3 of 9
Minutes - 3
Ms. Heidi Stoecklin addressed Council regarding human rights abuse toward the
indigenous people of Canada and her quest for world peace. She requested that
Council support and endorse her request for the 08 and G20 summits: to address
global commitment to peace on earth; to commit all global military forces toward
ecological disasters worldwide; and that each country or nation commit to peace
talks with their indigenous people. Ms. Stoecklin advised that a peaceful rally is
planned to be held in the Town Park.
IV ADOPTION OF MINUTES
Council Minutes of Tuesday, June 8, 2010 and Special Council Minutes of
Tuesday, June 15, 2010
Moved by Councillor McRoberts Seconded by Councillor MacEachern
THAT the Council minutes of Tuesday, June 8, 2010 and Special Council
Minutes of Tuesday, June 15, 2010 be adopted as printed and circulated.
V PRESENTATIONS
(a) Presentation of Accessibility Champion Awards to Ivy Henriksen and
Ann Boden
Mayor Morris, along with Councillor McRoberts, presented the Canadian
Hearing Society Accessibility Champion Awards to Ivy Henriksen,
Accessibility Advisor, and Ann Bodon, Chair of the Accessibility Advisory
Committee, recognizing them for their outstanding efforts. Ms. Henriksen
mentioned that, at a recent Accessibility Expo in Durham Region, it was noted
that the Town of Aurora's Council and the Executive Leadership Team have
helped to make Aurora known for its achievements on removing barriers and
promoting accessibility.
(b) Fire Chief Ian Laing of Central York Fire Services
Re: Central York Fire Services 2009 Annual Report
Fire Chief Ian Laing presented the Central York Fire Services 2009 Annual
Report and updated Council on the organizational chart. Fire Chief Laing
discussed the increase in the number of emergency responses, the types of
emergency incidents, response times, and the trend in these areas over the last
three years noting that the primary type of call is for medical emergencies and
that these account for approximately 56% of all calls. Fire Chief Laing informed
Council of the capital expenditures that have occurred over the last year and
discussed officer training, certification, support services, the Master Fire Plan,
strategic recommendations, the Fire Prevention Division, inspection and public
education services, and the "Stay Fire Smart Campaign" that promotes
maintenance and proper use of fire alarms. Fire Chief Laing further stated that
Central York Fire Services is involved in special events, open houses, and
promotions such as "Meet the GAO" and "Junior Firefighter for a Day". Lastly,
he mentioned that former Fire Chief John Molyneaux had recently retired on
December 31, 2009 after serving local communities for over 33 years.
Moved by Councillor Wilson Seconded by Councillor Granger
THAT Council receive the presentation from Fire Chief Ian Laing of
Central York Fire Services.
-3-
CARRIED
Council Agenda Council Meeting Minutes Minutes - 4
July 13, 2010 Tuesday, June 22, 2010
Page 4 of 9
(c) Presentation from the Municipal Auditor, Grant Thornton, LLP
Mr. Kirk VanBlarcom, Partner, and Mr. Irfan Ahmad, Senior Manager
Mr. Kirk VanBlarcom presented the Auditor's Report and noted that there has
been an increased and significant workload on staff over the last year, and
that Mr. Elliott and staff should be commended for their efforts. He also noted
that the Town of Aurora is in a strong financial position with no new debt this
year. Mr. VanBlarcom was pleased to state good financial controls are in
place with no material weaknesses or significant deficiencies noted.
Moved by Councillor MacEachern Seconded by CouncillorColllns-Mrakas
THAT Council receive the presentation from the Municipal Auditor,
Grant Thornton, LLP.
CARRIED
VI DELEGATIONS
(a). Mr. Barry Quinn, Vice President, Aurora Tigers Jr. A Hockey Club
Re: 2010-2011 NCAA College Showcase
Mr. Barry Quinn addressed Council regarding the opportunity for the Aurora
Tigers. Jr. A Hockey Club to host the 2010-2011 NCAA College Showcase, an
event which provides local hockey players the opportunity to be scouted for
potential scholarships. Mr. Quinn stated that the event would provide .
additional revenue that would economically benefit the Town and requested
Council's financial support to ease the financial burden of holding a
tournament where registration fees may not be charged. Mr. Quinn stated that
he has requested that registration fees be allowed but has not heard back to'
date from the JHL. Mr. Quinn requested that Council, consider a $16,000
subsidy for this event He noted that the dates for this event have been
changed to consolidate ice times and reduce costs.
Moved by Councillor Granger Seconded by Councillor MacEachern
THAT Item 10 be brought forward for discussion,
CARRIED
10.. Letter from Mr. Barry Quinn, Vice President, Aurora Tigers Jr. A Hockey Club
. Re: 2010-2011 NCAA College Showcase
Moved by Councillor Wilson Seconded by Councillor Gaertner
THAT Council receive the letter from Mr. Barry Quinn, Vice President, Aurora
Tigers Jr..A Hockey Club; and
THAT Council grant $1,000 from the Community.Grant funds; and
THAT Council allocate $6,500 from the Contingency fund; and
THAT, should registration fees be approved, staff be directed to recover the
user fees using the same formula as previously approved with the Atom AA
Hockey Tournament in 2007.
CARRIED
(Item 10 was tabled at 10:14 p.m. When Item 10 was brought back, the motion
carried as presented.)
-4-
Council Agenda Council Meeting Minutes
July 13, 2010 Tuesday, June 22, 2010
Page 5 of 9
Minutes - 5
Moved by Councillor Wilson Seconded by Councillor MacEachern
THAT Item 7 be brought forward for discussion.
CARRIED
TSAC10-02 — Traffic Safety Advisory Committee Meeting Minutes of June 9, 2010
Moved by Councillor Wilson Seconded by Councillor Gaertner
THAT the minutes of the Traffic Safety Advisory Committee meeting of June 9
2010 be received and the recommendations, with the exception of Item (1),
carried by the Committee be approved.
(1) TSAC10-004— Speeding Concerns on Conover Avenue and Request for a
Three -Way Stop Sign Control at the Conover Avenue and
Halldorson Avenue Intersection
Moved by Councillor Wilson
Seconded by Councillor Gaertner
THAT Item (1) from the June 9, 2010 Traffic Safety Advisory Committee
meeting minutes be referred back to staff along with the resident's comments.
CARRIED
Moved by.Councillor Collins•Mrakas Seconded by Councillor Gaertner.
THAT the Procedural By-law be waived to extend the hour
CARRIED
VII PUBLIC SERVICE ANNOUNCEMENTS
Mayor Morris commented on a letter received from SmartCentres Inc. and that it
would be tabled at The Aurora Promenade — Yonge & Wellington Corridor Study -
Public Open House being held on Wednesday,. June 23, 2010 in the Council
Chambers and stated that the draft plan would be presented to the public for their
comment and input. Mayor Morris noted an allegation that the Town of Aurora had
turned down an offer of $500,000 from SmartCentres and wanted to clarify that
SmartCentres had donated funds including a $15,000 contribution toward the
downtown area and donated $130,000 in total which will be utilized as part of the
Clean -Up Aurora Campaign. Mayor Morris specified that the first instalment of
$50,000 was paid upon the issuance of a building permit for the first anchor store;
the second instalment of $50,000 was paid upon the opening of the anchor store;
and the third instalment of $16,000 was paid upon the anniversary of the opening of
the anchor store. Mayor Morris indicated that she hoped that this would clarify that
the Town did not turn down $500,000.
Mayor Morris informed Council and the public that Belinda Stronach's BBQ will be
held on Wednesday, June 30, 2010 from 11:00 a.m. to 1:30 p.m. at the Aurora
Seniors Centre at a cost of $10 per person. Mayor Morris advised that this is an
opportunity to meet Belinda Stronach and the Neighbourhood Network team.
Mayor Morris advised that the Hillary House is looking for volunteers to help with the
garden restoration and that they will be celebrating their 150v' Birthday in 2012 and
are starting to plan for it -now.
-5.
Council Agenda
Council Meeting Minutes
July 13, 2010
Tuesday, June 22, 2010
Page 6 of 9
Minutes - 6
Mayor Morris congratulated Greg Knuth for participating in the Ride to Conquer
Cancer held on June 11-12 where he and other participants biked from Toronto to
Niagara Falls, a total of 218 kilometres, to help benefit the Campbell Family Institute
at the Princess Margaret Hospital which supports patients and their families
throughout Ontario.
Mayor Morris advised that she attended a reception at the Church Street School
Cultural Centre on June 21, 2010 and that photographs of residents being honoured
were on display. The project is called Portraits of Giving and is about businesses
who care. Photographs were taken by Karen Murk of Richmond Hill and will be on
display from June 21 to July 31, 2010, and they are currently seeking nominations
for people to be photographed for next year's event. The entrance fee is $10 and
funds raised from this event will go toward the Heart and Stroke Foundation_
Councillor Wilson expressed his thanks and delight in having the Youth Councillors
involved in the Council meeting process and advised that they could not attend the
full meeting this evening due to their exam schedules. Councillor Wilson stated that
he, along with other Members of Council, would be meeting with the Youth
Councillors' Principal next. week. Mayor Morris advised that plaques would be
presented to the Youth Councillors.
Councillor Wilson advised that the Community Partnership Council for the York
Local Immigration Partnership initiative is a one-year project sponsored by the
Ministry of Citizenship & Immigration to improve newcomer settlement services and
will conclude with a report in March 2011. Councillor Wilson advised that part of the
project currently underway is to research, assess, and evaluate the services
provided and how they have impacted newcomers to the community.
Councillor Gaertner referenced the upcoming tax increases due to HST
implementation and informed the public that rebates of up to $1,000 for eligible
families, and up to $300 for eligible individuals, will be paid by the federal
government over the next year. Councillor Gaertner advised that the Region of York
has a financial support Itne, 1=888-256-1112, for those requiring further assistance.
Vlll DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Items 1(8), 2, and 9 were identified as items requiring separate discussion.
IX ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Moved by Councillor MacEachern Seconded by Councillor Granger
Items 1, 3, 4, 5, 6, 8, and 11, with the exception of 1(8j, were identified as items not
requiring separate discussion.
THAT the following recommendations respecting the matters listed as "Items
Not Requiring Separate Discussion" be adopted as submitted to Council and
staff be authorized to take all necessary action required to give effect to
same:
General Committee Minutes of June 15, 2010
THAT the minutes of the General Committee meeting of June 15, 2010 be
received and the recommendations carried by the Committee be approved.
-6-
Council Agenda Council Meeting Minutes Minutes - 7
July 13, 2010 Tuesday, June 22, 2010
Page 7 of 9
3. CFS10-022—Year-End Audited Financial Statements
THAT the 2009 Audit Report and Financial Statements for the year ended
December 31, 2009 be received and published. in accordance with the
Municipal Act, 2001, S.0.2001, c25, Section 295 on the Town's website.
4. Memorandum from the Cash Flow and Investment Coordinator, Corporate &
Financial Services Department
Re: 2010 Aurora Borealis — Sponsorship Opportunity (PR10-024)
THAT Council receive the memorandum regarding 2010 Aurora Borealis —
Sponsorship Opportunity (PR10-024).
6. CFS10-025—Award of Tender CFS 2010-45
THAT Tender CFS 2010-45 for the Supply, Delivery and Installation of a
Storage Area Network (SAN) and associated disaster recovery hardware be
awarded to User Friendly Systems Inc. in the amount of $66,917.49 excluding
taxes; and
THAT the Mayor and Clerk be authorized to sign any contracts or agreements
as may be required.
6. AAC70-06 —Accessibility Advisory Committee Meeting Minutes of June 9, 2010
THAT the minutes of the Accessibility Advisory Committee meeting of June 9,
2010 be received and the recommendations carried by the Committee be
approved.
8. HAC10.06 — Heritage Advisory Committee Meeting Minutes of June 14, 2010
THAT the minutes of the Heritage Advisory Committee meeting of June 14,
2010 be received and the recommendations carried by the Committee be
approved.
11. Adoption of Recommendations from Closed Session Meeting of June 16, 2010
THAT the recommendation from the Closed Session meeting of General
Committee held on June 15, 2010 regarding. the following matter be
.approved:
1. Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board;
Re: Appeal to the Ontario Municipal Board
Committee of Adjustment Variance Application
Joseph and Judy Zver
87 Temperance Street
File: D13-07-10
THAT the Town direct legal counsel to retain external experts to represent the
Town at the OMB hearing in support of the Committee of Adjustment decision
which refused the subject variance application.
CARRIED
.7.
Council Agenda Council Meeting Minutes Minutes - 8
July 13, 2010 Tuesday, June 22, 2010
Page 8 of 9
X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
1. General Committee Minutes of June 16, 2010
(8) PR10-019— Land Acquisition Strategy — Terms `ofReference
Movedby Councillor MacEachern Seconded by Councillor Gaertner
THAT Council approve the proposed Land Acquisition Strategy Terms of
Reference as detailed within this. report; and
THAT the lands outside Aurora or adjacent to its borders not be looked
at, at this time.
CARRIED
2. CFS10-020 — Pro -Audit 2009 Operating Budgot Report as at December 31, 2009
Movedby Councillor Gaertner Seconded by Councillor MacEachern
THAT the overview of the results of tax rate supported operations for the year
ended December 31, 2009, and disposition of surplus report be received.
CARRIED
9. Letter from Mr. John Cartwright, President of Toronto'and York Region Labour .,
Council .
Re: Improved Retirement Security
Moved by Councillor MacEachern Seconded by Councillor Wilson
THAT Council receive the letter from Mr. John Cartwright, President of Toronto
and York Region Labour Council, regarding Improved Retirement Security..
CARRIED
XI REGIONAL REPORT
None
Xll ' NEW BUSINESS/GENERAL INFORMATION -COUNCILLORS
None
X111 CLOSED SESSION
None
-8-
Council Agenda Council Meeting Minutes
July 13, 2010 Tuesday, June 22, 2010
Page 9 of 9
Minutes - 9
XfV READING OF BY-LAWS
Moved by Councillor MacEachern
Seconded by Councillor Gallo
THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and
enacted:
5230-10 BEING A BY-LAW to designate a
property to be of cultural heritage value
or interest (Bond's Grocery Store —
15231 Yonge Street)
5252-10 BEING A BY-LAW to provide for
establishing, maintaining, operating
and regulating the Aurora Farmers
Market and Artisans Fair.
(Report BBS10-007 - June 15 GC)
5253-10 BEING A BY-LAW to provide for
one-third of the annual remuneration
paid to the Mayor and Members of
Council to be paid as deemed
expenses.
(Report CFS10-018 -June 15 GC)
5255-10 BEING A BY-LAW to exempt Lot 42
Plan 65M-4079 from Part -Lot Control
(Royalcliff Homes Bayview Inc.)
(Report PL10-044 - June 15 GC)
5258-10
BEING A BY-LAW to Confirm Actions by
Council Resulting from Council Meeting
10-15 on June 22, 2010
CARRIED
XV ADJOURNMENT
Moved by Councillor Granger
THAT the meeting be adjourned at 11:11 p.m.
CARRIED
PHYLLIS M. MORRIS, MAYOR JOHN D. LEACH, TOWN CLERK
THE MINUTES OF COUNCIL MEETING 10-15 ARE SUBJECT TO FINAL APPROVAL
AT COUNCIL ON TUESDAY, JULY 13, 2010.
-9-
Council Agenda
ga
Delegation (a) - 1
July 13, 201Qu,�
Town of Aurora
., AuRKoR.A.
j�
1 Municipal Drive, Box 1000
Aurora, Ontodo
IAG 6J1
' YD44w&Pgooi6 cornfwsi'
Phone: 905.727-3123 ext. 4217
Dele f D t
Fax: 905.72"732
wwme.aurore:ca
ion eques
Please complete the following form. You may submit to the Town of Aurora by EITHER:
" Printing and faxing a copy to 905-726-4732
• Saving this file to your computer and emailing it to coundlsecurora.ca
Once your delegation request is received, the Customer and Legislative Services Department will contact you
to confirm receipt
)
Tuesday, July13,2010
Date Wednesday, July 7, 2010
Subject JYouth Councillor Inaugural Program
Name 'Chelsea Campbell
Address
Town / City
Meeting date
Province Ontario Postal Code
Phone (daytime)li-- Phone (evening)
Fax number _ Email address ' r
Do you require any Accessibility Accommodation? O Yes n No
Name of group or person(s) being represented, If applicable:
Town of Aurora's Youth Councillor
Brief statement of Issue or purpose of deputation: �-�
report back on the Town of Aurora Youth Councillor Inaugural Program
Personal Information on this form is collected underthe legal authority of the Municipal Act, as amended. The information is collected
and maintained for the purpose of creating a record that is'avallable to the general public, pursuant to Section 27 of the Municipal
Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Town Clerk, Town of
Aurora, 1.Municipal Drive, Box 1000, Aurora, Ontario, UG 6.11, Telephone 905-727-3123,
-10-
Council Agenda
July 13, 201�
Auk
`jnwtieive9pndGc�r�sy
Delegation Request
Please complete the following. form. You may submit to the Town of Aurora by EITHER:
Delegation (b) - 1
Town of Aurora
1 Municipal Drive, Box 1000
Aurora, Ontario
L4G 6.11
Phone: 905-727-3123 ext. 4217
Fax: 905-7264732
www.eaurora.ca
' Printing and faxing a copy to 905-726-4732
' Saving this file to your computer and emailing it to rounc-ilaecretadatstaff@e-aumra.ca
Once your delegation request is received, the Customer and Legislative Services Department will contact you
to confirm receipt
Date Wednesday, July 7, 2010
Subject JYouth Councillor Inaugural Program
Name
Address
Meeting date Tuesday, July 0
Town / City Aurora
Province.. Ontario Postal Code
Phone (daytime). -� Phone (evening) �-
------------------
Fax number
Do you. require any Accessibility Accommodation? Dyes
Name of group or person(s) being represented, If applicable:
of Aurora's Youth Councillor
Brief statement of issue or purpose of deputation:
Email address
No
report back on the Town of Aurora Youth Councillor Inaugural Program
Personal Information on this form is collected undeir the legal authority of the Municipal Act, as amended. The information Is collected
and maintained for the purpose of creating a record that is available to the general public, pursuant to Section 27 of the Municipal
Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Town Clerk, Town of
Aurora, 1 Municipal Drive, Box 1000, Aurora, Ontario, L4G 6,11, Telephone 906-727-3123.
-11-
Council Agenda ITEM #
July 13, 2010
TOWN OF AURORA
,AURORA. COUNCIL REPORT" No. CA010-011
SUBJECT: Offer to Purchase from Metrolinx (Go Transit) for Road Allowance
Known as Ross Street
FROM: Neil Garbe, Chief Administrative Officer
DATE: July 13, 2010
RECOMMENDATIONS
THAT the Offer to Purchase Agreement between the Town and Metrolinx be
approved in the form attached to Report CAO10-011 and that the Mayor and Clerk
take al! actions and execute all necessary documentation in connection with the sale
of Ross Street, and
THA T Council enact By -la w 5206-10 to declare as surplus, close and se/I Ross Street
on Plans 17 and 68,
PURPOSE OF THE REPORT
To declare as surplus, close and sell the road allowance known as Ross Street in
accordance with the terms and conditions set out in the Offer to Purchase Agreement
attached to this Report.
BACKGROUND
Ross Street is located on the south side of Wellington Street East just east of the CN
railway as shown on Property Map (Attachment 1). The turning circle portion of Ross
Street was acquired from the adjoining owner in 1979. The portion of Ross Street south of
the turning circle to Industrial Parkway South was closed by By-law in 1984. The closed
portion of Ross Street has been leased to the Toronto Area Transit Operating Authority to
accommodate additional parking for the Aurora GO Train Station for a nominal fee of $2.00
per year pursuant to a lease dated September 18, 1991 (the "Lease"). Metrolinx recently
purchased properties surrounding Ross Street and presented an Offer to Purchase
Agreement to purchase Ross Street in its entirety from the Town for the purpose of
developing a public transit parking complex.
Ross Street is of no municipal use to the Town as Metrolinx is the only remaining adjoining
owner currently requiring it for access to Wellington Street East. Once purchased,
Metrolinx will retain its current access to Wellington Street East. The owner of the
-12-
Council Agenda ITEM #
July 13, 2010
July 13, 2010 -2- Report No. CA010-011
adjacent property to the south has no concerns with the sale proceeding as proposed.
There were no adverse comments arising from the Public Notice of the proposed sale of
the road allowance which was published in the local newspaper on June 22, 2010 for two
(2) consecutive weeks, arid the Town's Land Sale By-law.and Policy No. 55 respecting
Real Estate Sales, Purchases and Leases have been complied with.
The Offer to Purchase Agreement (Attachment 2) was negotiated by Staff and executed by
the Mayor and Clerk on February 5, 2010 (the "Offer"). The Offer includes the requirement
to reserve an easement in the Town's favour on closing as there is currently a watermain
located under Ross Street that will need to continue to be maintained by the Town afterthe
sale. In addition, the Lease for the GO station parking will expire on closing with no further
.notice being required.
The Offer is conditional on both Metrolinx and the Town obtaining their respective
approvals. Metrolinx's executive management committee approved the Offer on March 4,
2010 and the Town's consideration of the approval of the Offer and applicable by-law to
declare as surplus, close and sell Ross Street is sought in this Report.
ALTERNATIVE(S) TO THE RECOMENDATIONS
1. Refuse to approve the Offer and not enact the related By-law.
2. Further Options as directed.
FINANCIAL IMPLICATIONS
The purchase price for Ross Street is $320,000 and the deposit and fees required in
accordance with the terms of. the Offer have been received. The proceeds of the sale will
be deposited into the Town's Proceeds of Sale of Land Reserve on closing. The Town will
also realize further property maintenance savings as a result of the proposed sale.
CONCLUSIONS
An Offer to Purchase Agreement for the sale of Ross Street has been received from
Metrolinx to include in the development of a public transit complex. Ross Street is no
longer required for municipal use as Metrolinx is the only remaining adjoining owner
currently requiring it for access to Wellington Street East. If the Offer and applicable by-
law are approved, the sale transaction will be completed on or before August 31, 2010.
ATTACHMENTS
Attachment #1 — Property Map
Attachment #2 —Offer to Purchase. Agreement
Attachment #3 — By-law 5206-10
-13-
Council Agenda
July 13, 2010
ITEM # 1-3
13.2010
PRE-SUBMISSION REVIEW
-3-
Executive Leadership Team —June 30, 2010
No. CA010-011
Prepared by. Anthony lerullo, Manager of Strategic Initiatives- Ext. 4742
Neil Garbe
Chief Administrative Officer
-14-
Council Agenda ITEM #
July 13; 2010 ATTACHMENT 1
-15-
Council Agenda
July 13,
ATTACHMENT 2
'OFFER TO PURCHASE
S6Tetrollna(the "PorcltiaseY'�offerstopurchase from T6Corporation oftheTowgofAarora(the •�
"Vendor") certain ]ands in the Town of Aurora, Regional Municipality of York having an area of
approximately 52,826.73 square feet more or fens, being PIN 03645-0008, PT ROSS ST PL 17'
AI]RORA PT'1; 65R4594 AS CLOSED BY BYLAW R663236; ROSS ST PL ;68 AURORA
BXCBPTPTS I &265RI905S; PTBLKAPL289AURORAP'I'34 &:S, 65R2814;BMGROSS
STS OF WELLINGTONST; Town ofAmers, Regional Municipality of York, (the "Property"), on
the £ollowhtg farms:.'
7ivrG1-Iundeed 17 `Thous,
I. Sale Prlrxr The sale price (the "Sale
Price") shall be -
2. - Date of Closing. The date o£closing orws sale transe "Closing Date's shall be _ 1,
the later ofthitty(30)daysReriht Itt)0.PAvaiofalltheconditionsset
out'in Secti0118 herein or A4taah3l, 2010 or 'M'- wi suvbo agreed to between the
solicitor$ for the parties in accordance with Section 32.. lathe event that the Closing Data,
falls on $'data When the appropriate Land Regiso Office is closed; the Closing Date -shall
take place on the next business day that iU said Land Registry Office is open.
1 -
3 LYoposlt:lVithhtflva(5)btlain$ssdaysfollowingthaaaaeptanceoftGrsoff' the doc C - '
the Ptarbaser shall.deliver the amount of 'F•tveaty Flea' Thousau Do Cdn,
✓ \pq
f- • �,N1� S2S,*0,00)payabletotheVender,asadepwittobeheldinannon-interestbeadngaccotm}' '
U pending aompletiOn, or other termination of this Offer with no interest earned, received or '
paid on the deposit and to be credited on account of theputchase price on the Closing Date.
. 4. - Balancer The Purchaser agrees to pay to the Vendor -the balance. of the Sale Price on the
. Closing Date by cheque subject to adjusts
evocability and Acceptance: The haseragreesthatthis Offershalibe• e .
the Purchaser until 11:59 "ebivattij i•"(2..6 . .
p.m.. an'I,agtra , 2 10 after which nine, if Mai ; this
Offer shall become'null dad void and the -deposit shall be returned to thePurabaser•, The
• ender and the Pttrchaset agree that the acceptanco, rejection of modification of this Offer
may be transmitted by facsimile and that communioaeon by such means will be legal and
binding on all parties.
6.. . Payment of Vendor's Fear, Upon acceptance of this Offer by the Vendor, -the Purchaser
shall pay to'the Vendor the Vendor's administration fee in the amount of One Thousand
. Thrce$undredand btifteenDollars(Cdn.S1,315:00),whichamountshalinotburcroned -
Council Agenda
July 137 2010
to the Purchaser by the Vendor if this Offer becomes null and,void.
7. Appraisal: The Purchaseragreastoobtainanappraisal reportatthePurchaser'sexpense and
to provide a copy of the appraisal report to the. Vendor '
8. Conditions: This Offer is subject to the following specific conditions and, failing the
fulfillment of any one or more, of them at or before the Closing Date, the Purchaser shalt, at
its sole option, have the rightto declare this Offer, even though accepted, to be null and void
.and the Purchaser shall be entitled to the return ofall monies paid herein, with the exception
of the Vendor's fees referenced in Section 6 above:
'a),' .Conditional on Applicable Municipal Procedures: The Vendorshall complete all r' V '
processes, required by applicable legislation,. including legislation of the Vendor, in
order to sell the Property to the Purchaser. Such proceswhall includo holdi a 1
public meeting of the Council of the Vendor to approvo4he Vendor's accepts of i
this Offer including a bylaw to stop up and close the public highway portion of the
Property, declare the Pmportpasa and authorize the sale of4mthePro to the
4i �i C.S: Wtct
W 1.i f l Are h
y Purcaser„ 1f within extender, a ('
S�nC.:ll k� C-eor—+- e- the Municipal Pro of plet ed or this Offer is irot approved by the
� Ee N%t•''ngAth�645%nneilofthe Vendor, this. or shall become null and void, and neither partyahap ��
c'\C; 41�15.tc a n
�•�q1 � � beunderany fur0ierliability tothe otlrer.This condition maybe walvedorextanded �`-'V
��\S G,.VS4C7i1a1 j
0.0 S%0� in writing at the Vendor's. option by notice in writing to the Purchaser, or the(,q .J Purchaser's solicitor, given at any time prior to thirty (30) days following the .
acceptance of this Offer by the Vendor.
b) Conditional on the approval of the Purchaser's executiva management committee:
The Agreement of Purchase and Sale as defined in Section 13 herein (heroinafter the
"Agreement") may be teikoinated by the Purchaser up to and including ten (10) days
following the acceptance of this Offer by the Vendor if the Purchaser is unable to
obtain the approval off its executive management committee to complete this
transaction. Ile foregoing rightoftermination isforthesolobenefitofthePorch
Per
and may be waived by the Putchaserin its sole discretion in whole or inpart at any
time or times prior to the expiry of the ten (10) day pexiod following the acceptance
ofthis Offer. In the eventthoPmnhaserdoes not obtain the approval of its executive
managementcnnrmittee, itshall provide writtennotice to the Vendorwithinthetime
allowed, and the Deposit shall be returned to the Purchaser, and the parties shah be
released from all obligations and liabilities hereunder. Failure of the Purchaser to
notify the Vendor within ten (10) days followingthe acccptanceof this Offer" be
deemed a waiver of the rendition.
-17-
Councll Agenda
;July 13, 201d
3
c) Conditional on Reservation of Easement: TheVeirdorandPuichaseracknowledge
and agree that a) the Transfer of the Property shall contain a reservation of, orb) a
separate Transfer of Easement shall be granted by the Purchaser to the Vendor for, a'
non-exclusive casement over aportion ofthe Property in favour ofthe Vendor forthe
purposes ofmaintenance and repair of existing services of the Vendor including but ,
not limited to watermains and sanitary sewers (hereinafter the "Services') located
within the Properly (hereinafter the "Easement"). The Vendor and Purchaser agree
that the Easement shall be granted to the Vendor for nominal consideration and that
all of the costs to register the Easement on title, including, but not limited to, the
costs associated with obtaining aReference Plan to describe the Easement lands shall
bebathe solely by the Purchaser. The Vendor'and the Purchaser further agree that
the Easement shall -include, but not be limited to, the following teitns:
Q) Purchaser shall not construct any. buildings or other improvements on the
i
Property that would. prevent the Vendor from exercising its rights under this
Easement, but, for greater certainty, the Purchaser shall be entitled to pave,
construct curbs and sidewalk and landscape the Property for fhepurposes of a
has station, transit loop, parking lot and associated uses;
(ii) The Purchaser shall be entitled to grant other utility easements over the
Property, so long as such easements do not unduly interfere with the
Easement granted herein;
(iii) Vendor will provide a minimum of ten (10) business days' notice to the .
' Purchaser prior to accessing the Property for the purpose ofmaintenance,or
taPA except in the one of emergency, in which case the Vendor shall
provide notice to the Purchaser as soon as possible;
(iv) Vendor shall, to the extent possible, schedule any maintenance or repair work
during off-peak use times for the Property and for a duration that minimizes
disruption of the Purchaser's use of the Property, notwithstanding that
scheduling work during off-peak use times or in a compressed schedule may
be at a greater cost than scheduling work at other times;
(v) If Purchaser requires the relocation of the Services and provided the
Purchaser agreesto pay the cost ofrelocation, the Vendoragreesto cooperate
with the Purchaser in good faith to relocate the Services in a timely manner;
(A) If Vendorrequires the relocation or removal of the Services and providedthe
Vendor is paying the cost ofrelocationthe Purchaser shall cooperate withthe
-18-
Council Agenda_ ITEM # 7
July 13, 2010
n
Vendor to relocate the Services in atimely manner, subject to the scheduling
requirements in subsection (iv) above;
(vii) If the Vendor requires replacement of the Services, Vendor shall submit
drawings and such other information to the Purchaser as reasonably required
by the Purchaser in order to approve the replacement of the Services;
i
(viii) Following completion of any work putsuunt to the Easement, Vendor shall
restore the Property to either the condition previously existing immediately
prior to the completion of any work or to a condition better than previously
existing immediately prior to the completion of the work, to the reasonable
satisfaction of the Purchaser;
(ix) If the Services are no longer needed by the Vendor, upon notice from the
Vendor the Easement shall tcrmivate,subject to any outstanding obligations
ofthe Vendor to the Purchaser, and the Vendor sball remove the Servicosand
restore the Properly or otherwise render the Services Inert, If any of the
Services arenolongerneededbytheVendorbutone ormoreServicesremain
intheproperty,theEasementshatl continue butthe Vendor shallremovethe
Services no longer needed and restore the Property or otherwise render the..
Services inert. IftheFasementis abandonedby the Vendor the Vendor shall
remove or otherwise render the Services inert. Intheevent the Vendor does
not perform any of the abovementioned work within a reasonable time, the
Purchaser shall be entitled to remove or otherwise, render the
Services inert at the Vendor's cost;
(x) Vendor shall, at the sole cost and expense of Vendor and at all times during
the term of this Easement, maintain in force a liability insurance policy on
terms and conditions reasonably satisfactory to the Purchaser; and
(xi) Vendor agrees to indemnify and hold harmless the Purchaser against any
claims made or brought against ;the'Purci aser, caused by the Vendor's
exercise of its rights granted herein, unless such claim arises from the act or
omission, negligence or willful misconduct ofthe Purchaser.
9. Property OAs Is": ThePurcbasershallaccept, assume andtaketitle tothe Property and any
improvements thereon in an "As Is" condition. The term "As ls" means in its condition or
F
to upon execution of this Offer by the vendor without any agreement, representation oP
rrauty of any kind, either express or implied on the partof the Vendor as�te_ o(,e, the.00ndition of the soil, the subsoll, the ground water, the surface Ivaf r or any oih
""ice-'rwr—iri—t=-�mtwFrecftaro� the�/endarShall r-e'lain and rv'a fivL°rhrad Dce�r lne.shatt br V
ttntnierntpi�l
mns4ruattan or en 4nw 'Mangy PM oriel IitR
,/rt�dor �,,.k,.al•L Go vrct� ntG,a.hct.. {a mo.t�'Fat'n •�y1e �a.t¢uvL.
Council Agenda ITEIVTi 1 - 9
July 13, 2,010
epvironmental matters, the condition of the Properly or the condition of the buildings
thereon, if any, or any other matter respecting the Property whatsoever, includin* without
limitation, compliance with all laws including,'but not limited to, environmental law, the
existence of any hazardous substance or contaminant, or the use to which the Property MY'
be put and its zoning.
10. SubdivisionControl:'rhisAgrwmentshallbeeffective tocreate an interest inthe Property
only if the subdivision control Provisions of the Planning Act are complied with by the
Closing Date.; It is acknowledged by the parties that, pursuant to subsection 3(1) of the
Metrolinx Act, 2006, the Purchaser is a Crown agency within the meaning of the Crown
Agency Act, and is therefore exempt from the subdivision control provisions ofthePlanning
Act.
11, Termination of Lease: The Purchaser and the Vendor acknowledge that the Purchaser is
currently a monthly tenant of a portion of the Property in accordance with the Lease
Agreement, datedDecember 18,1991, attached to this Offeras Schedule "A" (hereinafter the
,%Me,). The Vendorhereby provides its written notice to the Ptuchaserthatthe Lease shall
be terminated and the Lease shall be at an end on the Closing Date and the Purchaser agrees
that no fiuther written notice oftermination by the Vendor shall be iequired. Tho Purchaser
and the Vendor agree that if the Agreement becomes null and void and the sale transaction is
not completed, the. Lease shall not be terminated in accordance with the terms of the
Agreement and the Purchaser shall continue its monthly tenancy in accordance with the terms
of the Lease.
12. VaeantPossession:UpontheClosingDate,vacantpossessionofthePropertyshailbegiven
to the Purchaser.
13. Binding Agreement: The Purchaser, haying inspected the properly prior to executing this
Offer, hereby acknowledges and agrees tba% upon acceptance of this Offer by the Vendor,
this Offer shall become a.binding Agreement of Purchase and Sale between the Purchaser
andtheVendor. The purehaserandtheVendoragree that any amendments totheAgreement
of Purchase and Sale shall be made in writing. .
14. License to Enter: Following execution of this Offer by the Vendor, the Purchaser, its
planners, engineers, surveyors, or other agents shall be allowed to enter the said Property for
the purpose of obtaining data and for any other purpose required hereunder.
15. Risk of Loss: Until the Closing Date, the Property will be and remain at the risk of the
Vendor, thereafter the Propertywill be at therisk ofthe Purchaser. The Vendor abailhold all
Policies of insurance effected onthe Property and theproeeeds thereof intrust fortheparties
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Council Agenda I ITEM # 1 1
July 13, 2010
6
hereto, as their interest may appear.
16. Survey: The Vendor shall provide the Purchaser with any surveys it has in its possession
prior to the Closing Date,
17. Property Assessment: The Purchaser and the Vendor hereby acknowledge that the Province
of Ontario has implemented current value assessment and properties may be re -assessed on
an annual basis. -The Purchaser and the Vendor agree that no claim will be made againstthe
.Purchaser or Vendor, or any brokerage or salesperson, for any changes in property tax as a .
result of a reassessment of the Property.
18, GST: The Sale Price for the Property as stated herein is exclusive of any Goods and
Services Tax ("G.S.T.'� payableby the Purchaser pursuautothe Excise Tax Act Whcrothe
Purchaser is required bylaw to remitthe G.S.T. directly to The CanadaRevenueAgency the
Purchaser agrees to provide the Vendor with evidence of the Pumhaser's registration issued
pursuant to the said Act,- and evidence of such payment. If the Purcbaser provides to the
Vendor its G.S.T. registration number, the Purchaser undertakes to the Vendor to remit
directly to The Canada Revenue Agency any.GST that maybe exigible in respect ofthe sale
ofthe Property hereunder, then the Purchaser shall not be required to pay any G.S.T. to the
Vendor on the Closing Date. .
19. Income Tax:, The Purchaser small be credited towards the Sale Pricewiththe amount, ifany,
necessary for the Purchaser to.pay to the Receiver General of Canada in order to satisfy the
Purchaser's liability in respect of tax payable by the Vendor under the non -residency
provisions of the Income Tax Act by reason ofthis sale. The Purchaser shall not claim such
credit if the Vendor delivers. on completion the prescribed certificate or its statutory
declaration that it is not a non-resident of Canada
i
20. Crown Agency: Tho Purchaser represents and warrants to the Vendor that it is a Crown
agency witbin the meaning of the Crown Agency Act and; as such, is not liable forpayment
of Land Transfer Tax as provided for in Seetion 2(8) ofthe LandTrawferTac Act nor isthe
Purchaser, as a Crown agency, required to.disctosethe true value of the consideration paid
for the Property is either the "Consideration" orthe"Land TransferTax Statements" sections
of the Transfer pursuant to Subsection. S(S) of the Land Transfer Tax Act, and
notwithstanding anything else contained in this Offer, this representation and watra ityofthe
Purchaser shall survive Closing.
2L Investment Canada Act: The Purchaser represents and warrants to the Vendor that the
Purchaser is not a "non -Canadian" for the purpose of the Investment Canada Act.
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Council Agenda
July 13, 2040
22. Legal, Accaunting and Environmental Advice: The Vendor and the Purchaser
acknowledge that anyWormatiotiprovided by anythe brokerage or salesperson is not legal,
tax or environmental advice and that it has been recommended that the Vendor and the
Purchaser obtain independent professional advice prior to signing this Offer.
23. Waiver: No waiver of any provision of this Offer shall be deemed or constitute a waiver of
any other provision or will any such waiver constitute a continuing waiver unless otherwise
expressly provided.
24. Further Assurances: The Vendor and the Purchaser shall promptly do, make, execute,
deliver or cause to be done, made executed or delivered all seohfurther acts, documents and
things as each other may reasonably require for the purpose of giving effect to this Offer
whether before or after the Closing Date.
25. Documents and Discharge; The Purchaser shall not call for the production of any title
deed, abstract, survey or other evidence oftitle to the Property except as in the possession or
control of the Vendor. The Vendor agrees to discharge on the Closing Date any
Charge/Mortgage held by a corporation incorporated pursuant to the Loan Companies Act
(Canada), Chattered Bank, Trust Company, Credit Union; Caisse Populaire or Insurance
Company and which is not to be assumed by the Purchaser on the Closing Date.
_ 26. Encumbrances: Except as otherwise provided heroin, the Vendor shall discharge atits own
expense all liens, charges and encumbrances affecting the Property on or before the Closing
Date.
27. Title Matters., Provided the title to the Property
p rty shall be good and free of all registered
restrictions, charges; liens and encumbrances, except as specificallyprovided for in this Offer
and except for (a) registered restrictions or covenants that run with the land provided these
are complied with, (b) registered municipal agreements and registered agreements with
publicly regulated utilities, provided these are compiled wither security has beenposted to
ensure compliance and completion as evidenced by a letter from the entity having.
jurisdiction, (c) minor easements for the supply of domestic utility or telephone services to
i-
the Property or adiacentproperties, (d) any easements for drainage; water, storm or sanitary
sewers, public utility lines, telephone lines, cable television lines or other services which do
not materially affect the present use of the Property, the Purchaser agrees to accept title
subjeet to same. The Vendor autborizes the Purchaser to make enquiries in relation to the
Property and to use its records for purposes related to completion of this sale transaction.
2S. Requisitions:' phePurchaserWill bealloweduntitI1:59p.m.thirty (30)days feHewiugtLeC 4):r l
• ===ice-= -� to investigate the title of the Property at the
22 _ 0{j
Council Agenda _ _......._ ITEM # 1'7 12
July 13, 2010
Purchaser's expense, including the Vendor's capacity to convey title. If within said thirty
(30) days the Purchaser furnishes the Vendor in writing with any valid objection made in
writing as to title, wbich the Vendor is unable or unwilling to remove prior to the Closing
Date and which the Purchaser will not waive, this Offer, notwithstanding any intermediate
acts or negotiations in respect of such objections, shall become null and void and at anend. '
Save as to any valid objections so made by such date and except for any valid objection
going to the root of title, the Purchaser shall be conclusively deemod to have accepted the
Vendor's title to the Property.
29-.Delivery byVendor:Onorbefore the Closing DatetheVendorwill,against deliverybythe
Purchaser to the Vendor of the items below, deliver to the Purchaser the following:
(a) executed Tramskr of the Propertyin registrable form in favour of the Purchaser Or as
the Purchaser may otherwise direct; and
(b) such other deeds, conveyances, assignments,. transfers and •documents as the
Purchaser or the Purchaser's solicitors may reasonably require to give effect to the
Intent of this Agreement.
30. Delivery of Documents by Purchaser: On or before the Closing Date, the Purchaser will,
against delivery by the Vendor of the items below, deliver to the Vendor the following:
(a) the balance of the Sale Price; and I
(b) all other documents as the Vendor or the Vendor's solicitors may reasonably require
to give effect to the intent of this Offer.
31. Registration Against Title: The Purchaser covenants and agrees notto register, or cause or
penb'rt to be registered, this Offer or notice of this Offer, caution or any other document
evidencing this Offer againsttitle to the Property(or any part thereof) without obtaining the
priorwritten consentofthe Vendor to such registration, whichoomentmaybe arbiharilyand
Unreasonably withhold., In addition, the Purchaser further covenants and agrees not to give,
register, or permit to be registered any encumbrance against the Property. Should the.
Purchaser be in default of its obligations under this Section; the Vendor may, as agent and
attorney of the Purchaser, cause the removal of notice of this Offer, caution or other
document evidencingthis Offer, from title to the Property. ThePmchaser hereby inevocably
nominates, constitutes and appoints the Vendor as its agentand attorney in fact and inlawto
cause the removal of notice of this Offer, any caution, or any other document whatsoever
from title to the Property. All expenses incurred by the Vendor thereof sball be paid to the ,
Vendorbyt6 PinGbaserfordiwith on demand and, untilpaid, shall bearintorest at two (21/o) .
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Council Agenda ITEM # 1 - 13
July 13, 2010
9
percent above the prime commercial lending rate of the Canadian Imperial Bank of
Commerce in Toronto from time to time and be a charge on each part of the Property.
32. Notice: The Vendorhereby appoints the Vendfor's Town Solicitor or his designa% as agent
for the purpose of giving and receiving notices pursuant to this Offer and"the Purchaser
hereby appoints Michael Kitagawa, the Purchaser's solicitor, as agent for the purpose of
givingand receiving notices pursuamto the Offer. Any notice relatingheretoorprovidedfor
herein shall be iawritmg, This Offer, any counter Offer, notice of acceptancethereof, or any
notice shall be deemed given and received when hand delivered or transmitted electronically
to the Vendor's Town Solicitor at facsimile number 905-726-4730 and to the Purchaser at
facsimile number 416-874-5901
33. Facsimile Transmission: The Vendor andthe Purchaseraprec that facsimile machines may
be used in communication ofthis Offer and other documentsto completethis sale transaction
provided that any such facsimile transmission is eonfirmed by a telephone call to the other
wherein the caller is advisedthefaesimiletrensnussionhasbeen received. Uponagrecment
of this Offer, both parties agree'to execute original copies.
34.. Time: Time shall in all respects be of the essenceheteofprovidedthatthetime for doing or
completing any matter provided for herein may e. extended or abridged by an agreement in
Writing signed by the Vendor andPuichaserorbytheirrespective solicitors who are hereby: '
expressly appointed in this regard.
.35, Tender: Any tender of documents (other than the Transfer or any other document requiring
registration on title) or money hereunder may be made upon the Vendor or -Purchaser ortheir
respective solicitors on the Closing Date. Monoy.may be tendered by bank draft or certified
cheque: As the electronic -registration system (the "Llectronic System") is operative on a
mandatory basis in the applicable iandRegistry 0ffioe for the area in which the Property is
located, the provisions of this Section shall apply to the completion of this transaction.
Notwithstanding anything contained in this. Offer or in the Document Registration
Agreement (as defined below) to the contrary,. it is expressly understood and agreed by the
parties to this Offer that an effective tender shall be deemed to have been validly made by.
eitherparty (inthis Section calledthe "Tendering Party') uponthe other party (inthls Seotiod
called the "Receiving Party") when the solicitor for the Tendering Party has:
(a) delivered all applicable documents, keys and funds to the Receiving Party'ssolicitor
in accordance with the provisions of the Document Registration Agreement, as
modified by this Offer;
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Council Agenda. —_....__..-- ITEM # 1'- 14
July 13, 2010
10
(bj advised the solicitor for the Receiving Party, in writing, that the Tendering Party is
ready, willing and able to complete the transaction in accordance with the terms and
provisions of this Offer; and
(c) completed all steps required by the Electronic System to complete this transaction
that ran be performed or undertaken by the Tendering Parry's solicitor without the
cooperation orparticipation of the Receiving Parry's solicitor, and specifically when
the Tendering'Party's solicitor has electronically "signed" the Transfer/Deed for
completeness andgranted "access" to the Receiving Parry's solicitor (but withoutthe .
Tendering Party's solicitor releasing them for registration by the Receiving Party s
solicitor), without the necessity of personally attending upon the Receiving Party or
the Receiving Party's solicitor with the documents, keys and/or funds, and without
any requirement to have an independent vritness evidencing the foregoing.
36. Electronic Registration and Document Registration Agreement: Fach ofthepartles shall
be obliged to retain a solicitor who is both an auffiorizedLlectron c System user and in good
standing with the Law Society of Upper Canada, andwho are collectively hereby authorized
by the parties to this Agreement to enter into a document registration agreement in the form
adopted by the joint LSUC-CE AO _ Committee on Electronic Registration of Title
Documents onMareh29, 2004 orany successor versionthereto (the "DocumentRegistmtion
Agreement), together with the additional requirement that the registering solicitor shall also.
be obliged to provide the non -registering solicitor with a copy of the registration report
printed by the Electronic System upon the registration of the electronic documents; as
evidence of the registration thereof, within one (1) business, day of the Closing Date. It is
understood and agreed that -the Document Registration Agreement shall outline orestablish
the procedures and timing for completing this transaction electronically, and shall be
executed, by each of the Vendor's solicitor and the Purchaser's solicitor and exchanged by
courierorfacsimil a between such solicitors (such thateach solicitor hasaphot000pyor faxed .
copy of -the Document RegistrationAgreemeut duly executed by both solicitors) byno later
than five (5) days before the Closing Date.
The delivery and exchange ofdocuments, monies and keys to the Property, and the release of
them to the Vendor and the Purchaser, as the case maybe:
(a) shall not occur contemporaneously with the registration of the Transfers; and
(b) shall be governed by the Document Registration Agreement, pursuant to which the
solicitorrewiving any documents, keys a Worcertifiedfuads will berequiredto hold
them in escrow, and will not be. entitled to release them except in strict accordance
with the provisions of the Document Registration Agreement•
37. Agreement in Writing. Ifthere is a cordlict or discrepancy between arryprovisions added to
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Council Agenda -V1 - 15
July 13, 2,010
11
this Offer (inclitditig any Schedule attached hereto) and any provision in the standard pre-set
portion hereof, the added provision shall supersede. the standard pre-set provision to the
Went of such conflict or discrepancy. This Offer, including any Schedule attached hereto,
shall constitute the entire agreement between the Purchaser and the Vendor. There is ue
representation, warranty, coliateralagreemenitoroondition which affects this Offer otherthan
.as expressed herein. For the purposes of this Offer, the Vendor means seller and the
Purchaser means buyer. This Offer.. -shall be read with all changes of gender or number
required by context
38. Assignment; The Purchaser shall not, at anytime priortothe Closing Date, assigathis Offer
to any person or Corporation without the prior written consent of the Vendor. If written
consent of the Vendor is provided, the Purchaser shall deliver to the Vendoi rm assignment
executed by the assignee and including the assignee's consent to be bound by all the
provisions contained herein, and the Purchaser shall be relieved of any and all liability and
this Offer shall be read as though the assignee were originally named as Purchaser,
39. Binding on Successors: This Offer and every part thereof shall enure to the benefit of and
be blading upon the respective heirs, executors, administrators, successors and assigns of
each of the Purchaser and the Vendor.
IN WITNESS WHEREOF the Parties herein have hereunto affixed their corporate seals, duly
attested by the hands ofthe proper signing officers in that behalf, and the said signing officers certify
that they have authority to bind their corporation.
The Purchaser hereby submits this Offer
� adl
Dated at fOnowre this 22 day of
METROLINX 6
Per:
Name:. aryM Nei ,
Title: �X Uff ,
Per:
Name: i<li Ces Chlirlg�/
True: Treasurrer.
(Uwe have the aathonty to bin the Corporation)
The Vendor hereby accepts this Offer
Dated at Aurora this 5t' day of-{,b,�tery} , 2010.
THE CORPORATION OF
THE TOWN OF AURORA
Phyllis M. Morr.Is
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