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Agenda - General Committee - 20051115
� a r L An GENERAL co AGENDA NO.05-23 ITFEE TUESDAY, NOVEMBER A 20-05 7:00 P.M. COUNCIL CHAMBERS AURORA TOWN HALL PUBLIC RELEASE 11/11/05 TOWN OF AURORA GENERAL COMMITTEE MEETING AGENDA NO. 05-23 Tuesday, November 15, 2005 7:00 p.m. Councillor Hogg in the Chair. I DECLARATIONS OF PECUNIARY INTEREST II APPROVAL OF AGENDA RECOMMENDED: THAT the content of the Agenda as circulated by the Corporate Services Department be approved as presented. 111 DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION IV ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION V DELEGATIONS (a) Mr. Greg Cook, Cook Consulting Engineers Ltd. (pg. D-1) and Mr. Tom Heintzman, President of Bullfrog Power Re: Bullfrog Power VI CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Vll OTHER BUSINESS, COUNCILLORS VIII IN -CAMERA None IX ADJOURNMENT General Committee Meeting No. 05-23 Page 2 of 6 Tuesday, November 15, 2005 AGENDA ITEMS 1. LS05-057 — Seniors Centre Sponsorship (pg. 1) RECOMMENDED: THAT Council approved the following sponsorship for rooms within the new Seniors Centre; 1. Deck - Aurora Home Hardware, "Aurora Home Hardware" 2. Lounge - McAlpine Ford -Mercury, "McAlpine Room" 3. Activities Rooms A & B - Vic Priestly Contracting Ltd., "Priestly Room" 4. Kitchen - Hon. Belinda Stronach, M.P., "Belinda's Kitchen" 5. Workshop - First Pro Shopping Centres 6. Games Room -Wycliffe Homes, 'Wycliffe Room" 7. Reading Room - Ballymore Developments, 'Ballymore Room" 8. Crafts Room - Norma Jean Legge, "Norma Jean Legge Room" 9. Pool Room - Torcan Chemical, "Torcan Room" 10. Activity Room C — Howard Johnson; and THAT $119,000.00 be deducted from the fundraising target of $250,000.00 in support of these sponsorship donations. 2. PW05-032 - GO Transit Parking Concerns (pg. 7) RECOMMENDED: THAT parking be limited on the following streets to two hours from Monday to Friday from 8:00 a.m. to 5 p.m.: a) East side of Larmont Street from Mosley Street to Metcalfe Street; b) South side of Metcalfe Street from Wells Street to Edward Street; c) North side of Metcalfe Street from Berczy Street to Larmont Street; d) North side of Mosley Street from Larmont Street to Wells Street; and e) West side of Larmont Street from Wellington Street East to Mosley Street; and THAT staff be requested to monitor parking in the vicinity of the GO Station and report back to Council once the new permanent parking lot has been completely implemented to determine if further parking prohibitions are required. Page 3 of 6 General Committee Meeting No. 05-23 Tuesday, November 15, 2005 KI 9 PW05-030 — Fleet Management Review RECOMMENDED: (pg. 18) THAT Report No. PW05-030 detailing the results of the Fleet Management Review, undertaken by IDM Consultants dated October 28, 2005, be accepted by Council; and THAT staff be requested to implement the recommendations contained within the above noted IDM Consultants report; and THAT staff be requested to include in the 2006 budget for discussion an additional: • mechanic position at full time for four months (1 /3 FTE); • clerk position at half time for twelve months (1/2 FTE); and THAT staff be requested to report further: • on the results of the review on the feasibility and pay -back period for the installation of a dyed diesel tank and dispenser; • before any stand alone Fleet Management System is purchased; • on the feasibility and cost of providing additional repair bays and a wash bay; and THAT staff be authorized to employ IDM Consultants for implementation of the fleet management improvements utilizing the remaining capital budget funds allocated for the Fleet Management Review completed on October 28, 2005 all as described in Report No. PW05-030. PL05-107 — Servicing Allocation — By-law 4721-05.1) (pg. 37) RECOMMENDED: THAT Council enact by-law 4721-05.D, being a by-law dealing with the adequacy of services for new development. TR05-032 — New Recreation Complex — Financial Update (pg. 46) RECOMMENDED: THAT the report be received for information. General Committee Meeting No. 05-23 Page 4 of 6 Tuesday, November 15, 2005 6. CS05-034 - 2006 Council and Committee Meeting Calendar (pg. 34) RECOMMENDED: THAT the 2006 Council and Committee Meeting Calendar attached hereto as Appendix #1 be approved. 7. TR05-033— Hydro Reserve Fund Investments (pg. 79) RECOMMENDED: THAT the report be received for information. 8. PW05-029 - Approval to Execute a Preservicing (pg. 102) Agreement - Phase 2, Spring Farm Residential Subdivision (D12-01-5A) RECOMMENDED: THAT Council authorize the Mayor and Clerk to execute an agreement between the Town of Aurora and Minto Homes Corporation to permit the servicing of the Phase 2 lands in Spring Farm Residential Subdivision (D12-01-04) subject to the following conditions: a) Issuance of the necessary Certificates of Approval from the Ministry of the Environment and Lake Simcoe Region Conservation Authority for all the underground services; b) Signing of the engineering plans for the construction of the municipal services; c) Receipt of proof of insurance indemnifying the Town in an amount of $10,000,000; and d) Receipt of engineering fees and securities in accordance with the standard procedures for subdivision developments in the amounts specified. General Committee Meeting No. 05-23 Tuesday, November 15, 2005 9. PW05-031 — Approval to Execute a Preservicing Agreement — Phase 3, Prato Estate Residential Subdivision (D12-00-7A) RECOMMENDED: Page 5 of 6 (pg.116) THAT Council authorize the Mayor and Clerk to execute an agreement between the Town of Aurora and Prato Estates Inc. to permit the servicing of the Phase 2 lands in Prato Estate Residential Subdivision (D12-00-7A) subject to the following conditions: a) Issuance of the necessary Certificates of Approval from the Ministry of the Environment and Lake Simcoe Region Conservation Authority for all the underground services; b) Signing of the engineering plans for the construction of the municipal services; c) Receipt of proof of insurance indemnifying the Town in an amount of $10,000,000; and d) Receipt of engineering fees and securities in accordance with the standard procedures for subdivision developments in the amounts specified. 10. PL05-105 — Planning Application Status List (pg. 130) RECOMMENDED: THAT the Planning Applications Status List be received as information. 11. Correspondence from The City of Markham (pg. 165) Re: Programs from the Markham Energy Conservation Office RECOMMENDED: THAT the Committee provide direction on this matter. 12. Memo from the Director of Public Works (pg. 183) Re: Remedial Action Plan - 50 Industrial Parkway South RECOMMENDED: THAT the memo regarding Remedial Action Plan - 50 Industrial Parkway South be received for information. General Committee Meeting No. 05-23 Tuesday, November 15, 2005 Page 6 of 6 13. 14. ADM05-022 — Library Square RECOMMENDED: (pg. 187) THAT Council hold a Special General Committee Meeting to discuss Library Square. CS05-033 - Newspaper Distribution Boxes RECOMMENDED: (pg. 201) THAT the report entitled Newspaper Distribution Boxes be received; and Should Council wish to pursue regulating newspaper distribution boxes, that staff be directed report back with a draft by-law which includes amongst other matters, site location and restrictions. 15. Memo from Councillor Morris (pg. 206) Re: Federation of Canadian Municipalities/National Board of Directors Meeting RECOMMENDED: THAT the Committee provide direction on this matter. 16. CS05-035 — Council Pending List - Status Report (pg. 209) RECOMMENDED: THAT report CS05-035 be received for information purposes. GENERAL COMMITTEE - NOVEMBER 15, 2005 Delegation (a) Panizza, Bob From: Gregory Cook Sent: Tuesday, October 25, Zuub 5:11 PM To: Panizza, Bob Cc: Jones, Tim Subject: REQUEST for Deputation/Presentation re BULLFROG POWER Further to our brief conversation this afternoon, we request to schedule a deputation/presentation of approximately 6 minutes: -to introduce BULLFROG POWER, and -to request the Town's consideration of having one Town building site becoming "bullfrogpowere& Please confirm our schedule request for the General Committee meeting of 15 November 2005 I recently provided copies of the BULLFROG POWER brochure to Mayor Jones (copied hereby). thank you, - Greg Cook COOK CONSULTING ENGINEERS LIMITED D-1 GENERAL COMMITTEE - NOVEMBER 15, 2005 4 L7 ,E 2 r►u'� Lf) O O N L() N E (D 0 O z_ f(S O Q O 3 O I— O C O J Q z LLJ 0 Fl- O U 3 m a) m E N L 0 a 0 0 w m E O w O O 0 N 2 cc a $ E O c a O m .t m c •c N J y D a N 0 sa w a 0 0 r am 0 Z .n D-2 GENERAL COMMITTEE - NOVEMBER 15, 2005 N N c L Q O n 4- O L OL M� L W O y� r- O ^ W a 0) O N U O O >+ O :3 O Q O Pal D-3 GENERAL COMMITTEE - NOVEMBER 15, 2005 2 k / g @ § \ k 0 E § 2 § 0 _ \ §� : + f % ° C co § § c ® cf)% ® tf # E k a) / a)2 / o \ -- E % (D / § -0 C- ¢ CU \ £ � co a)0)� B -0® 0 ® @ § � .� & f % . 3 / �k a \ 2� ' 20 %§ t 0 cu o@ 2 m m L C\ / R7E 7 E S_2 ¥$ k / : § _0/ % � n d \% / £ k 2 2 -0 o .Ki N GENERAL COMMITTEE - NOVEMBER 15, 2005 c O ip C O LL c !_ LO _ O c ''O^ V J > O C `O U A L) LL AD =j O fn d N _yx U O N (6 U N r-. 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Frol m GENERAL COMMITTEE - NOVEMBER 15, 2005 E O U L O Q 0) O L N- L Q U i O a Qf c: (D d O o o N c� E O O E N m O cM I CD .i � N N �' aN L O 5 H 0_ W d m n D-9 GENERAL COMMITTEE — NOVEMBER 15, E005 AGENDA TOWN OF AURORA GENERAL COMMITTEE REPORT SUBJECT: Seniors Centre Sponsorship FROM: Allan D. Downey, Director of Leisure Services DATE: November 15, 2005 RECOMMENDATIONS No. LS05-057 THAT Council approved the following sponsorship forrooms within the new Seniors Centre; 1. Deck - Aurora Home Hardware, "Aurora Home Hardware" 2. Lounge - McAlpine Ford -Mercury, "McAlpine Room" 3. Activities Rooms A & B - Vic Priestly Contracting Ltd., "Priestly Room" 4. Kitchen - Hon. Belinda Stronach, M.P., `Belinda's Kitchen" 5. Workshop - First Pro Shopping Centres 6. Games Room - Wycliffe Homes, "Wycliffe Room" 7. Reading Room - Ballymore Developments, `Ballymore Room" 8. Crafts Room - Norma Jean Legge, "Norma Jean Legge Room" 9. Pool Room - Torcan Chemical, "Torcan Room" 10. Activity Room C — Howard Johnson and further that $119,000.00 be deducted from the fundraising target of $250,000.00 in support of these sponsorship donations. BACKGROUND Council at their meeting of December 14, 2004, approved the following motion; THAT the Fundraising Committees be authorized to sell the naming rights for various components within the new Seniors' Centre and the new Recreation Complex; and THAT any proposed names for the various components within the new Seniors' Centre and the new Recreation Complex be brought back to Council at a future date by the fundraising committees for review when sponsorship proposals have been submitted, and THAT the Director of Leisure Services be requested to develop a policy that would provide consistency for determining how the naming rights for buildings are assigned. Staff proposed a report in response to -this directive and Council at their meeting of May 10, 2005, endorsed the fundraising target submitted by the Seniors Association and approved the Naming Rights Policy (Policy attached, Report LS05-024) ....12 —1— GENERAL COMMITTEE — NOVEMBER 15, 2005 November 15.2005 - 2 - Report No. LS05-057 COMMENTS The Aurora Seniors Association have been extremely busy with their fundraising efforts. They have been actively involved in a number of fundraising events and have been out in the community soliciting sponsorship opportunities. The proposed names in this report have been submitted by the Aurora Seniors Association (ASA) and identifies the results of their efforts to date. Additional sponsorship opportunities remain and the seniors are pursuing these opportunities and will report back to Council at a future date. OPTIONS Council may recommend to the Aurora Seniors Association to reconsidersome or all of the sponsorship names presented in this report. FINANCIAL IMPLICATIONS The fundraising target for the seniors centre is $250,000.00 and the sponsorship efforts identified in this report amount to $119,000.00 towards that target. The outstanding amount for fundraising is $131,000.00. CONCLUSIONS That Council approve the sponsorship presented in this report and reduce the fundraising target by $119,000.00. ATTACHMENTS 1. Report No. LS05-024 Naming Rights Policy, dated May 3, 2005. PRE -SUBMISSION REVIEW Management Team Meeting, Wednesday, November 9, 2005 Prepared by: Allan Downey, Director of Leisure Services, Extension 4752. AL AN D. DOWN Director of Leisure Services —2— .GENERAL COMMITTEE — NOVEMBER 15, 2005 ATTACHMENT #1 TOWN OF AURORA COMMITTEE REPORT No. LS05-024 SUBJECT: Seniors Centre Naming Rights Policy FROM: Allan D. Downey, Director of Leisure Services DATE:. May 3, 2005 RECOMMENDATIONS THAT Council endorse the fundraising targets identified within this reportregarding the naming rights for the New Seniors Centre; and THAT Council approve the Naming Rights Policy attached to this report. BACKGROUND Council at their meeting of December 14, 2004, approved the following motion: THAT the Fundraising Committees be authorized to sell the naming rights forvarious components within the new Seniors' Centre and the new Recreation Complex; and THAT any proposed names for the various components within the new Seniors' Centre and the new Recreation Complex be brought back to Council at a future date by the fundraising committees for review when sponsorship proposals have been submitted; and THAT the Director of Leisure Services, be requested to develop a policy that would provide consistencyfor determining howthe naming rights for buildings are assigned. The Seniors fundraising committee have contacted staff with a proposed funding schedule for names within the new Seniors Centre. ...12 —3— GENERAL COMMITTEE — NOVEMBER 15, 2005 nnnG -2- No. LS05-024 Upon receipt of this memo staff held a meeting with the Seniors to discuss issues related to the schedule and identify a process for presentation to Council. Staff have attached the memo. COMMENTS As directed by Council, staff have developed a proposed naming rights policy for Council review, input and approval. The policy is as follows: 1, The fundraising committee must publicly advertise expressions of interest regarding the naming of the various components of the New Seniors Centre. the ng ttee with an cation of which 2 The applicants must provideroom they wish tocontribute to as well as'the financial al commitment 'forthat naming right. 3. The fundraising committee, after evaluating all submissions shall make a recommendation to Council for approval of the proposed name. 4. All rooms shall be identified in a consistent manner as determined by the fundraising committee and approved by Council. 5. All costs associated with the naming of the components shall be the responsibility of the fundraising committee. 6. Naming rights shall be given in perpetuity, as long as the building remains in public ownership. FINANCIAL CONSIDERATIONS: Fundraising targets for the naming rights range from $137,000 to $166,000 and will form part of the sewers fundraising target of $250,000. OPTIONS Council may wish to add, amended or delete components of the naming rights policy. ...13 —4— GENERAL COMMITTEE - NOVEMBER 15, 2005 May 3 2005 -3 - Report No. LS05.024 CONCLUSIONS The seniors fundraising committee have worked very hard to ensure that fundraising target expectations are met and the naming right for various components of the New Centre form an integral part of this campaign. ATTACHMENTS 1. Memo received from Aurora Seniors Association, March 14, 2005. Prepared by: Allan Downey, Director of Leisure Services, Extension 4752. ALLAN D. D03WNEY Director of Leisure ervices -5- GENERAL COMMITTEE — NOVEMBER 15, 2005 EXTRACT FROM COUNCIL MEETING NO. 05-34 HELD ON TUESDAY, OCTOBER 25, 2005 X OTHER BUSINESS, COUNCILLORS Councillor Gaertner requested that the matter of the Seniors' Centre sponsorship be brought back to a General Committee meeting for discussion. —6— GENERAL COMMITTEE - NOVEMBER 15, 2005 TOWN OF AURORA GENERAL COMMITTEE REPORT SUBJECT: GO Transit Parking Concerns FROM: W. H. Jackson, Director of Public Works B. Panizza, Director of Corporate Services DATE: November 15, 2005 RECOMMENDATIONS No. PW05-032 THAT parking be limited on the following streets to two hours from Monday to Friday from 8:00 am to 5pm: a) East side of Larmont Street from Mosley Street to Metcalfe Street; b) South side of Metcalfe Street from Wells Street to Edward Street; c) North side of Metcalfe Street from Berczy Street to Larmont Street; d) North side of Mosley Street from Larmont Street to Wells Street; and e) West side of Larmont Street from Wellington Street East to Mosley Street THAT staff be requested to monitor parking in the vicinity of the GO Station and report back to Council once the new permanent parking lot has been completely implemented to determine if further parking prohibitions are required. BACKGROUND On October 12, 2005 the Traffic Safety Advisory Board considered Report No. TSAB05- 024 - "GO Transit Parking" and adopted the following recommendations: "THAT, in addition to the existing parking restrictions, the following No Parking restrictions be implemented: 1. North side of Metcalfe Street from Berczy Street to Larmont Street 2. North side of Mosley Street Larmont Street to Wells Street 3. West side of Larmont Street from Wellington Street to Mosley Street; and THAT once the additional GO parking lot is constructed, that staff report back on what, if any, further restrictions may be needed; and THAT GO Transit be informed of the Town's concerns and be requested to expedite the construction of the additional parking lot and investigate all possible off-street parking options for the Aurora GO station." -7- GENERAL COMMITTEE — NOVEMBER 15, 2005 November 15, 2005 .2- Report No. PW05-032 On October 25, 2005 Council adopted the TSAB's recommendations with the following addition: "THAT staff investigate, for the November 15, 2005 General Committee meeting, the feasibility and costs and recommend how the Town ofAurora could affect permitted parking on the streets in the vicinity of the GO station, as identified in Figure 1— Key Map of Area in Question, appended to Report TSAB05-024." COMMENTS The purpose of this report is to present to Council the feasibility and costs to implement a permit parking system in the vicinity of the GO Transit Station. This report will also present various other options to address the parking concerns. 1.0 Existing Conditions The Aurora GO Transit Station is located on the south side of Wellington Street East between Ross Street and Berczy Street. Currently there are four GO trains that service the Aurora GO Station during the morning rush hours from 6:24a.m. — 7:54a.m., with return trips from 5:03p.m.- 6:53p.m. Service is also provided to the Aurora GO Station by GO Bus during the morning rush with one bus at 5:45a.m. and 3 return trips from 3:07p.m. — 7:39p.m. The station has approximately 450 parking spots on site for its users. Based on an accepted walking distance of 1.2 km (as used by the York Catholic District School Board), Figure No. 1 shows the general catchment area of the GO Station for walk-in customers. Beyond this distance (and obviously for customers not inclined to walk), the means of access is predominately self driven automobile and local transit. At this time, the main area of concern with respect to on -street parking is the area bordered by Berczy Street in the east, Wellington Street in the north, Wells Street in the West and Metcalfe Street in the south. The existing parking restrictions in this area are shown on the attached Figure No. 2. On November 2, 2005 staff conducted a license plate study to better understand the origin of commuters parking in the GO station lot and on -street in the vicinity of the lot. From the results of the license plate study it appears that 68% of the vehicles parking in the GO Station parking lots and on the surrounding streets are Aurora residents and 32% are from surrounding municipalities, predominantly Newmarket. 2.0 GO Transit Service Improvements A representative of GO Transit has informed staff that in the summer of 2006 an estimated 200 car parking lot will be constructed east of the GO Transit station on Ross Street. The new parking lot will have direct access to both Ross Street and Industrial Parkway South. ME GENERAL COMMITTEE — NOVEMBER 15, 2005 November 15, 2005 - 3 - Report No. PW05-032 On November 4, 2005 staff sent a letter to GO Transit requesting them to expedite the parking lot construction. On November 8, 2005 staff received comments from GO Transit indicating that GO is now proposing to provide half of the 200 car parking facility in December 2005 to help alleviate the parking concerns. In addition to the GO Transit improvements staff sent a letter to York Region Transit on November 4, 2005 requesting that they review their existing bus schedule to determine if additional service could be provided to the GO Station during the a.m. and p.m. peak hou rs. 3.0 Permit Parkin Typically, on -street permit parking for residents as proposed by Council for staff to investigate is implemented when there is a lack of off street parking in a particular area. In the case of the situation around the GO Station, the majority of the residents have sufficient parking on their properties to accommodate their vehicles. The streets in the area are used only for theirvisitors. The implementation of a permit parking system would deter GO users from parking on the streets in the area and would alleviate the congestion of GO users on the Streets. On the other hand, permit parking would force the residents in the area to obtain and display a permit as well as having to shuffle cars when they have visitors. A permit system unfortunately would penalize the residents in the area more than it would assist them to address their concerns. 4.0 Options to Alleviate the On -Street Parking Concerns There are numerous types of parking prohibitions that could be implemented to address the parking concerns expressed by residents in the area of concern as shown in Figure No. 2. The attached Table No. 1 summarizes the various scenarios examined by staff and a short description of each option is provided below. Option 1. Pay and Display Meters — This option would deter GO users from parking around the Town Park. This option does not address the issue of long duration on -street parking vehicles and could push the problem to other streets. Option 2. 2-hour Parking Limit — This option will address the issue of long -duration parking. Additionally, it is easy to enforce and should not dramatically adversely impact their guests. This option may also push the problem to other streets. Option 3: Restricting Parking on One Side of the Street— This option will address the overall traffic congestion and emergency access but does not address the issue of long duration parking. It is noted, however, that Council adopted a resolution from the 1999 iTRANS 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. ME GENERAL COMMITTEE — NOVEMBER 15, 2005 November 15, 2005 - 4 - Report No. PW05-032 Option 4: No Stopping from 9:OOa.m, to 9:15a.m. —This option would address the long duration parked vehicles, is very easy to enforce and would still provide a place for residents and guests to park. Similar to the 2-hour limit this prohibition would be enforced proactively and therefore residents and guests would have to juggle their cars to avoid receiving a ticket. With the minimal time length of the restriction, however, it is felt that this should not present an overly restrictive condition. As for Option 1 and 2, this option may push the problem to other streets. Option 5: Maintain the Status Quo —This option does not address any of the resident's on -street parking concerns. It is evident from the above options that there is no one solution that will satisfy all the residents concerns. Regardless of whatever regulations are imposed on these streets, on - street parking is required for those residents who need the extra space from time to time due to lack of garages or driveways. From the options presented above, and in light of the imminent new 100 car parking lot on Ross Street, staff believe Option 2 is the best overall solution. Currently there are two locations in the area on Berczy Street and Metcalfe Street where a two hour parking limit has been implemented Monday to Friday from 9 a.m. to 5 p.m. (See Figure 1.) In both cases they were put in place to address the concern of long term commuter parking causing congestion on the street. They have been effective since they provide parking for visitors and customers and they are not in effect in the evenings or on weekends. At the same time, they deter the GO Commuters from using these portions of the streets. It is therefore, recommended that the same limitation be implemented on those portions of the streets identified in the Traffic Safety Advisory Board Report TSAB05-024 that was adopted by Council and in addition, that the further restrictions requested by the residents for Larmont Street and Metcalfe Street also be included. 5.0 Discussion It is noted that the option(s) presented to alleviate the parking concerns have been to implement parking prohibitions or requesting GO Transit to increase the number of available on -site parking spaces. These options are short term solutions as GO Transit ridership will only increase each year and the implementation of parking prohibitions will only push the concerns onto other streets. As previously mentioned staff has already sent a letter to York Region Transit requesting their review of the existing bus schedules to determine if the bus frequency could be increased. This could result in more residents using York Transit to access GO Transit. In addition the Region's new Viva Rapid Transit program will start on November 20, 2005 and could impact GO Transit. Another long term option is to develop mechanisms whereby drivers to the GO Station can be encouraged to car pool. —10— GENERAL COMMITTEE - NOVEMBER 15, 2005 November 15, 2005 - 5 - Report No. PW05-032 The latter options noted above are long-term solutions that could alleviate the need for parking prohibitions and/or parking lot expansions. The main roadblockwith implementing these long term solutions is the cost to the users and/or GO Transit, York Transit or the Town itself. OPTIONS Council may wish to choose different option(s) as outlined in Report PW05-032 FINANCIAL IMPLICATIONS The estimated cost to install the proposed parking prohibitions is $2,500 funds for which are available in the Public Works Operating Budget. CONCLUSIONS Staff are aware of the concerns of the residents in the area over emergency access, pedestrian safety, parking congestion and parking for their visitors. These concerns have to be balanced with the provision of access to parking for the GO users particularly when almost 70% are Aurora residents and they have been encouraged to use mass transit to reduce the number of vehicle trips. Accordingly, there must be a compromise reached that will be satisfactory to both the residents and the users of GO Transit. Staff believe that the implementation of a two hour limit on the streets in the area as proposed will deter the GO users from using the Town streets. The construction of the new 100 car lot will allow the displaced GO users to use the lot instead of being pushed into presently non impacted areas of Town. At the same time, the proposed restrictions are not burdensome for the residents in the area as they allow residents to park at the peak times in the evening and on weekends. As previously mentioned staff has already sent a letter to York Region Transit requesting that they review the existing bus schedules to determine if the bus frequency could be increased. This could result in more residents using York Transit to access GO Transit. Another option would be to encourage residents to make car pool arrangements to access the GO Station. These are long-term solutions that could alleviate the need for parking prohibitions and/or parking lot expansions, but in some cases would require additional cost to either the user, the Region, the Town, GO Transit, or all four parties. LINK TO STRATEGIC PLAN Goal "C" speaks to continuing the wel'1-planned moderate growth of the Town —11— GENERAL COMMITTEE - NOVEMBER 15, 2005 November 15, 2005 - 6 - Report No. PW05-032 ATTACHMENTS • Figure No. 1 - GO Transit Station - Potential Walk -In Service Area • Figure No. 2 - Existing Parking Prohibitions in Area of Concern • Figure No. 3 - Proposed Parking Prohibitions in Area of Concern • Appendix "A" - Table No. 1 - Option to Alleviate GO Parking Concerns PRE -SUBMISSION REVIEW None. Prepared by: Brent Jefferson, Traffic/Transportation Analyst, 4374 Prepared by. Chris Alexander, By -Law Services Coordinator, 4241 -v. /. W. H. Jacrson Director of Public Works Bob Panizza Director of Corporate Services -12- i ON Moor" Ir (n le 4 $ Dbk4flNe r. ggglk/ C C o8e sq. Q Earl 4 Hill Dr. otlrew4 "� �0, 0otaon 8 a E'� Tr. ollantivi w 5 Co lantl Heights N u �� Stands St. S b o r i S S Q. 9worth 5 Oslick $!' S g 3 '^ '. u .t mo o 8 rn �; . Bowler $1, oE i y aYe'aI Oavins •_ g ` � W omoo H litl e A 01w1. Kennon. Rd. %a k $iou4G1 fora - `d a W .5 C�wo v '• C �8 uG Ev Waoaroof G, vk L g KeyslCl 4 Oa .k� ; w S 0 Rd. A rom, Y 9 °Wmse CL Mark St, Boulain S G' My le gt• a Y 3 _ C_ cNavvn ' = S '•^b 'win w Soanl n S A •IW� m aa5 Q bona en •� M D Ia G' Is vlM1erine Aw. y W Bell Dr, aas o m Canlre $l. � a F n Pk N Lvls or g 'n p ° ye a' ut ci � or N 8 I VI W South sm, •Cd T $t. c r F HIIINew Rd. ` m AV Me If 1, Mor w LJ Chop of HawlM1awa ln. $Loh v Harr- n Aw. >, C1 2 , Q Rea n St. W y Connau t Aw B ? 3 a netly SI. W. L . ann H mS- L t. Kenen tl SL o 0a = VJ u ans 1 6` Daale Sl Ran CI. Cousins Dr. 5 R fr Gdl Links Dr. Ro I Rd. 9r� A Fairway Dr, rwr S n�i 9 w. N 4 pBHM GlenWaw Dr, an 9rcdaa^dP� ` Shane Rd, Co49ar Dr. O `4 S p a S y S oa PaLotrking Dr. v $pringhurn $ N� '�� Etlwmtl $1. c ^9MM1artl 0 { FIGURE 1 - GO TRANSIT STATION POTENTIAL WALK-IN SERVICE AREA PUBLIC WORKS DEPARTMENT -1 3- NOVEMBER 2005 J AS SSoFJ As 6 1 WIN Rill 11g., w L w A � is LNorvav o is LNOnhrVj g 1S S 113M a E n. a o LO w E b 0 0 } z CO a 1S s-mm F-- a o s r a x 0 s s � z 04 s z z H H U) (f) 1S blNOtalh '� W W s as maoiarn P q GIs G U —14- cn Z 0 m m 0 Z YM 1.1. Q 0. Z N x W LLJ LL LO 0 0 N cc w In 2 w O z z z w w w cc Y O U J m n. J 8 TIEo MI. 1s ssoa R R N ZO r�ry N z � 3 c4i 1� n<Jai6 In 1S 1NOWNv la Si73M R w a o z a N a o 1S b1ap1J�^ —� i R 1S AZOa3A 15 ANOri8VJ 1S Sll3M —15— rr� w J I a z z S O u U 15 08VMp3 E > a wLC m 0 I O o n > 1 a O C) O a_ d O 00 In Z H 1 O w E ~ J v m CD U } =O z a m a C H Q C) g w a R Z J � � R ¢ D z O a 0 a am: � a O = C7 N w i Z N Z zzao bi a V Ln o OZ w w IL � I $ V/ Z OL_ Mr W 2 OM cc IL Z Y Q a 0 ul a O cc IL MCM uj 1.� LO 0 0 N cc W m n. w 7 O z Z w 2 ww 0 Y m O U J m CL a GENERAL COMMITTEE - NOVEMBER 15, 2005 0 Z W a Q U) E (D C 0 O) C cu (6 0- 0 c� ca O Q O C O n. O I 0 Z N Z (6 F- a N c �� a ti O N R u m 0 8 5 > O O a W oS o c: `o n 01 oc 0 !0 C G �� O) T N 'a N a� of 1 N -1 co 1 It I Ln -16- GENERAL COMMITTEE - NOVEMBER 15, 2005 EXTRACT FROM COUNCIL MEETING NO. 05-34 HELD ON TUESDAY, OCTOBER 25, 2005 2. Memo from the Director of Public Works Re: October 12, 2005 TSAB Council Report TSAB05-026 Moved by Councillor Vrancic Seconded by Councillor West THAT the memo regarding October 12, 2005 TSAB Council Report TSAB05-026 be received for information. AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor Vrancic Seconded by Councillor Morris THAT staff investigate, for the November 15, 2005 General Committee meeting, the feasibility and costs and recommend how the Town of Aurora could affect permitted parking on the streets in the vicinity of the GO station, as identified in Figure 1 - Key Map of Area in Question, appended to Report TSAB05-024. CARRIED The main motion was CARRIED AS AMENDED. CORRESPONDENCE SENT BY: ACTION DEPT.: Public Works, B. Jefferson INFO DEPT.: By-law, TSAB File, Legal, Pending (Nov 15 G.C.) -17- GENERAL COMMITTEE - NOVEMBER 15, 2005 [AG: DAM iTEM # 3 TOWN OF AURORA GENERAL COMMITTEE REPORT No. PW05-030 SUBJECT: Fleet Management Review FROM: W. H. Jackson, Director of Public Works DATE: November 15, 2005 RECOMMENDATIONS THAT Report No. PW05-030 detailing the results of the Fleet Management Review, undertaken by !DM Consultants dated October 28, 2005, be accepted by Council; THAT staff be requested to implement the recommendations contained within the above noted IDM Consultants report, THAT staff be requested to include in the 2006 budget for discussion an additional. • mechanic position at full time for four months (113 FTE); and • clerk position at half time for twelve months (112 FTE); THAT staff be requested to report further: on the results of the review on the feasibility and pay -back period for the installation of a dyed diesel tank and dispenser, before any stand alone Fleet Management System is purchased, and on the feasibility and cost of providing additional repair bays and a wash bay, and THAT staff be authorized to employ IDM Consultants for implementation of the fleet management improvements utilizing the remaining capital budget funds allocated for the Fleet Management Review completed on October 28, 2005 all as described in Report No. PW05-030 BACKGROUND As part of the 2005 Budget deliberations, Council authorized the undertaking of a Fleet Management Review. A Request for Proposals for a Fleet Management Review was issued in April of 2005 and the consulting firm, IDM Consultants, was commissioned to do the study. The final report was submitted October 28, 2005 and a copy of the full report is available for review in the Public Works Department. GENERAL COMMITTEE — NOVEMBER 15, 2005 November 15, 2005 - 2 - Report No. PW05-030 COMMENTS 1. Basis of the Fleet Management Review The goal of fleet management as administered by the Department of Public Works (DPW) is: "To provide responsible, flexible, efficient and comprehensive fleet services to support the delivery of public programs and services". The objectives of DPW fleet management are to: • minimize life -cycle vehicle and equipment costs; • ensure fiscal performance; • improve customer satisfaction; • "green" the fleet where appropriate; and • optimize scheduled fleet replacement. The purpose of the Fleet Management Review was to develop strategies to achieve the stated objectives in support of the Goal. 2. Fleet Management Review Study Process The consulting firm of IDM Consultants began work on this project in June 2005. The intent of the study was to analyze the Town's fleet operation from acquisition to disposal, including a review of acquisition, replacement, disposal, specifications, utilization, mechanic productivity, parts management, outsourced repairs, fleet management information, fuel management and fleet maintenance. The methodology used to prepare the analysis involved the following elements: 2.1 Collection of Information from the Town This included our operating and capital budgets, vehicle and equipment lists, preventative maintenance plan, copies of various forms together with 2004 maintenance, fuel and repair costs for vehicles and equipment. 2.2 Inspection of Fleet by Independent Licensed Mechanic To provide a base line evaluation of the condition of our fleet, a representative —19— GENERAL COMMITTEE — NOVEMBER 15, 2005 November 15, 2005 .3. Report No. PW05-030 cross-section of the fleet was inspected by a licensed mechanic experienced in Public Works and Parks equipment maintenance. 2.3 Interviews Interviews and discussions were conducted with upwards of 15 Public Works, Leisure Services, Financial Services, Purchasing and Information Services staff. 2.4 Outside Information Discussions were held with other municipalities concerning various aspects of their fleet systems including a visit to a municipality with a similar population to Aurora that is in the process of developing a fleet management system. Information obtained via various web sites was also utilized during the conduct of this study. 3.0 Results of the Fleet Management Review Exhibit "A" is the Executive Summary for the Fleet Management Review. As the summary notes, although cost control presently exists and there are "...willing and able people..." working for the Town, there are areas of Fleet Management that require upgrading. Significant among these areas requiring upgrading are: ensuring sustainability of the Fleet Replacement Reserve; establishment of a proactive customer response; • development of a Fleet Management System (both in the interim and long term time periods); establishment of full and equitable cost recovery; replacement of the existing fuel dispensers and fuel management system; and • consideration of expansion of the garage to 4 bays with an enclosed wash bay. Beyond the areas needing attention, the Consultants found that Aurora generally has "...the appropriate types of equipment..." and "...the quantity of equipment appears to be reasonable when compared to communities of a similar size." Overall, "...the fleet is well maintained ..." with the majority of the 49 units inspected being placed in the Good (49%) or Fair (49%) category with respect to mechanical condition. There is obviously an effort on staff's part to do the right thing in terms of maintenance and cost management but, as noted above, there are areas that require attention both in the immediate term and over the long term. 4.0 Recommendations of the Fleet Management Review Appendix "B" is a list of the recommendations of the Fleet Management Review by priority together with staffs comments. —20— GENERAL COMMITTEE — NOVEMBER 15, 2005 November 15, 2005 .4. Report No. PW05-030 There are three time frames provided in the recommendation list: Immediate Term (IT) i.e. less than 1 year; Mid Term (MT) i.e. 2 — 3 years; Long Term (LT) i.e. greater than 3 years. Of the 41 recommendations listed, 25 fall under Immediate Term, 8 fall under Mid Term and 8 fall under Long Term. It is noted, however, that staff believe one of the Mid Term recommendations (No. 5.3.2 dealing with establishing a''/: Full Time Equivalent (FTE) staff position (clerk) to work on fleet management) should more appropriately be placed under the Immediate Term category. In general, the Immediate Term recommendations deal with the need to start collecting data with which the appropriate fleet management decisions can be made. These recommendations talk to the need to review the capital replacement plan and adjust the fleet replacement profile as soon as possible. Certain reporting processes and development of forms are suggested. Implementation of these items will allow collection of the data noted above. The Mid Term recommendations are focused on the continued improvement to the cost profiles of the Town's fleet as well as the heed to evaluate the physical attributes of fleet management outside of vehicles and equipment such as the fuel storage and control plan and the need for additional mechanic bays and wash area. The Long Term recommendations are approaching the steady state condition where there is a history of information available that allows for considered and appropriate decisions. This information is not only used by the Fleet Management group but also the various vehicle user groups to assist in their planning and budgeting as it relates to vehicle and equipment costs. The two recommendations Council may have the most concern with because they add to the Public Works complement are the addition of a mechanic for 4 months during the summer season (1/3 FTE) and a halftime fleet clerk (1/2 FTE). In staffs opinion, both of these positions are essential if staff is to implement the other recommendations of the Fleet Management Review. Data collection and dissemination is essential for efficient fleet management, however, data organization and presentation will not happen without the proposed additional half time fleet clerk. Similarly, a much needed increase in the level of service to a major user of vehicles and equipment (Parks Department) cannot occur without the addition of a mechanic for the summer months. 5.0 Next Steps Staff has reviewed the Consultants- report and is in agreement with the various recommendations other than the placement of Recommendation No. 5.3.2 "Establish a''/z FTE (Clerk) for Fleet" in the Mid Term category. The text of the Consultants report notes —21— GENERAL COMMITTEE - NOVEMBER 15, 2005 November 15, 2005 .5. Report No. PW05-030 that the "...fleet clerical resources are low to non -existing. Fleet management can not occur without data and data will not exist without clerical effort. Clerical resources are especially necessary in this situation where the responsible staff have numerous other responsibilities." Inconsideration of this observation, staff are of the opinion the additional clerical assistance is an Immediate Term item. Other than the above, it is staffs intent (assuming Council approval) to implement the recommendations of the Consultant's report using the time frames suggested by the consultant. As noted earlier in this report, however, the Immediate Term category contains some 25 items and it may prove difficult to implement all of these recommendations given the winter maintenance time constraints and the other duties of the personnel involved in fleet management. In this regard, the 2005 Capital Budget set aside $50,000 for the conduct of the Fleet Management Review. The study is complete and the final cost is $39,100. To ensure implementation of this study proceeds and the initiative to improve on our fleet management performance continues, staff is of the opinion the funds remaining in this capital budget item should be used to further retain the Consultant to assist in certain implementation items. The particular areas of implementation that staff see the Consultant assisting relate to recommendations 4.2.1, 4.4.4, 4.6.3, 4.10.3, 4.11.1, 5.1.1, and 5.2.2 of the Immediate category and, if budget permits, recommendations 4.10.2, 5.1.2 and 5.6.1 of the Mid Term category. OPTIONS There are a number of options available for Council in this regard. Council may wish staff to continue with the existing fleet management process and not implement any of the Consultant's recommendations. Council may wish to select those Consultant recommendations it wishes to see implemented and delete others. It should be noted however, that the recommendations are not mutually exclusive and some build on the momentum and abilities achieved by implementation of other recommendations. The proposed additional personnel will have an immediate and direct impact on the ability of the Fleet Manager to provide a cost efficient and effective operation. Eliminating these two positions will seriously hamper the Fleet Manager in this regard. FINANCIAL IMPLICATIONS The major cost implications associated with the Consultants recommendations for the Immediate Term are the addition of a mechanic for the 4 month summer season at an estimated cost of $14,000 and the addition of Y2 FTE Fleet Clerk for 2005 at an estimated $17,600. It should be noted that approximately 1/3 of the costs for both of these positions are chargeable to the water and wastewater self supporting accounts and, accordingly, are not reflected on the current levy portion of the budget. -22- GENERAL COMMITTEE - NOVEMBER 15, 2005 November 15, 2005 .6. Report No. PW05-030 In addition to the above two items, the Consultants report identified 4 other "Potential Costs" emanating from their report as noted below: • Replace Gasboy and dispensers $30,000 • Install dyed diesel tank and dispenser $22,000 • Intermediate Fleet Management System $20,000 • Wash-bay/Repair-bay addition $600,000 The Gasboy system and dispensers is our existing gas pump apparatus together with the control mechanism, Staff had identified that the fuel pumps (or dispensers) were to be replaced in our 2005 Budget (Project ID 34206) with a cost of $20,000 and, accordingly, staff will include an additional $10,000 in the 2006 Budget. Staff is of the opinion that the funds forthis system should be considered in the same light as the replacement of vehicles and equipment and should be recovered from the vehicle reserve fund, as well as the water/wastewater and stormwater accounts. The decision to install a dyed diesel tank and dispenser is dependant upon the pay back period. Dyed diesel is used in non -licensed vehicles and during those times that an on - road vehicle is only providing powerto a subsidiary piece of equipment. Dyed diesel is not subject to Federal taxes hence the saving in using this fuel. One of the Immediate Term recommendations from the study (No. 4.10.3) is to evaluate the potential cost benefit of using this fuel. Accordingly, a further report to Council will be necessary once the evaluation has been undertaken. Preliminary surveys of our neighbouring municipalities show that roughly half are to some degree using dyed diesel and taking advantage of the fuel cost savings. This is also one of the areas identified earlier where the present consultant could assist in implementation of their report. The need for an intermediate fleet management system relates directly to the implementation timetable of the Financial Services Department to install a comparable system within the Town's newly updated financial systems capabilities. The Consultant was concerned that delay of any significance in acquiring a fleet management system would ultimately delay the benefits associated with such a system. Discussions with the appropriate staff members are on -going in this regard and Council will be_informed of the preferred approach once it is finalized. The additional wash-bay/repair-bay is a Mid Term recommendation (No. 4.10.1) and requires further analysis and research. It is noted, however, that an appropriate wash facility has also been identified in the Salt Management Plan that will be before your Council shortly. Staff will report further on this matter as appropriate. CONCLUSIONS A Fleet Management Review has beep undertaken utilizing the existing fleet information, costing, condition, garage operations and user commentary. Based on the information -23- GENERAL COMMITTEE — NOVEMBER 15, 2005 November 15, 2005 - 7 - Report No. PW05-030 obtained, the Consultant has made 41 recommendations spaced across three time periods (Immediate, Mid and Long Term). In general, the Consultant found the Town's fleet is managed and maintained as well as can be expected with the processes and tools that are available to staff. Nevertheless, the Consultant has made various recommendations with the view to ultimately creating a much more effective and efficient fleet management operation. Staff participated fully in the conduct of this study and is in agreement with the recommendations with one exception as noted in the body of this report. An implementation process has begun and Council has been asked to endorse the recommendations of the report and allow staff to move quickly ahead with implementation of some of the immediate recommendations by retaining the study Consultant up to a specified upset funding limit. LINK TO STRATEGIC PLAN Goal A — To Maintain a Well Managed and Fiscally Responsible Municipality ATTACHMENTS Appendix "A" — Executive Summary of the Fleet Management Review Appendix "B" — List of Recommendations from the Fleet Management Review PRE -SUBMISSION REVIEW Management Team Meeting — November 9, 2005 Prepared by. W. H. Jackson, Director of Public Works, Ext.# 4371 W. H. JacksGa---� Director of Public Works —24— GENERAL COMMITTEE — NOVEMBER 15, 2005 Town of Aurora — Final Report APPENDIX "A" October 2005 Fleet Management Study Executive Summary The Town of Aurora recently consolidated its vehicle and equipment fleets into one, within the Department of Public Works (DPW). The combined fleet consists of approximately 200 units, predominately used for Roads Operations and Parks Operations. Other users are WaterNVastewater, Traffic, Library Square, the Community Centre and the Leisure Complex. By -Law Enforcement and the Aurora/Newmarket Fire Department are customers for fuel only. The fleet is maintained in a two bay section of the DPW building at Scanlon Court. Parks Operations are also located at Scanlon Court. In 2004 the total expenditure for fleets was $1M. In 2005 the budget for the combined fleet was set at $0.75M. To achieve this aggressive cost control on a consistent basis, the Town commissioned a Fleet Management Review to analyze the entire fleet system from acquisition to disposal. The previous replacement schedules and planned contributions to the replacement reserve were adequate, but various deferments have resulted in the fleet being 1-2 years behind schedule for replacements. A 15 year replacement schedule was developed for the combined fleet. It has been provided separately. The analysis showed a required gross annual reserve input of $485K. This could be reduced to $434K and $401 K respectively with allowances for salvage and fund interest. The analysis also indicates that the reserve fund can maintain a positive cash flow for the on -going scheduled replacements with the reserve contribution of $401 K per year. Some additional input would be required if it is necessary to replace the majority of the overdue equipment. Further reductions would be possible with a Fleet Management System (FMS) in place to record fleet costs. Currently, there is no system in place to capture the cost of individual units. The financial accounting system records labour, material, parts, fuel, etc. in line item accounts, but has no capability to assign costs to individual vehicles. Without a unit costing system for the fleet, there is no data to analysis for "fleet management" or use in the activity based costing system. It is the Town's intent that all fleet users will reimburse Fleet for the actual costs of owning and maintaining vehicles/equipment and that the fleet budget will net to zero each year. Currently Public Works is over paying for equipment use through the activity based costing (ABC) system. (Using MTO equipment rental rates that do not reflect Aurora's actual equipment cost). Leisure Services cannot participate in the ABC system because there is no usage or cost data (past or current) to develop equipment rental rates. The 2005 Leisure Services budget contains funding for a contribution to reserves but has no funding to reimburse Fleet forTuel, maintenance, insurance, etc. The Fleet garage is staffed with two mechanics. A preventative maintenance system is in place, the fleet is adequately maintained and as of the end of June the expenditure —25— IOM Consultants GENERAL COMMITTEE — NOVEMBER 15, 2005 Town of Aurora — Final Report October 2005 Fleet Management Study for fleet maintenance was within budget. However, due to the lack of a FMS, the maintenance program is reactive instead of proactive. Fleet, for various reasons, is still in the process of adapting to the realities of a diverse customer base. Plans are in process to provide seasonal emphasis to Parks and Roads for service, over -haul programs and a proactive PM program. The completion of a corporately integrated fleet management system is 3 to 5 years away. In the interim Fleet will need to develop temporary (Excel spread sheets) or intermediate (stand alone canned software) methods of collecting and recording fleet data for management analysis, the ABC system and cost recovery from Leisure Services. The fuel dispensing and recording system is beyond efficient support for both the hardware and the software, and needs to be replaced. The existing repair garage bays are too narrow for the larger equipment. The facility does not have a wash -bay, which is necessary for corrosion control, salt. management and public image. The recommendations in this report are too numerous to recount in an executive summary but can be summarized as follows; • Make and keep a policy decision to maintain a sustainable Fleet Replacement Reserve and Fleet by making the required annual contribution. • Establish formal proactive Fleet customer specific seasonal service and over- haul programs. • Develop an interim Fleet Management System to bridge to the integrated corporate FMS. • Establish full and equitable cost recovery from all Fleet users. • Replace the fuel dispensers and fuel management system with a system that will complement the FMS. •. Consider expanding the repair garage from 2 to 4 bays and adding an enclosed wash bay. The Town of Aurora has a Vehicle/Equipment Fleet and expects Fleet Management but Aurora does not have a Fleet Management System and will not achieve effective Fleet Management without an FMS. However Aurora has willing and able people that want a managed fleet, an adequate fleet, a regularly replaced fleet and an adequately maintained fleet. IDM Consultants —26— GENERAL COMMITTEE - NOVEMBER 15, 2005 a m a) (o O ° n p, �°p- c N T N U N Q nL N O E n to m 0 3 o E o a6i L p t. 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U N q 6�4 7 CL m y0 O ..0 "m0 N V) O�j y m c U -ac a) w W 'o N @ C F USC m `0 2amio6.!=c3.- N m U �t ai o cu m m 7 N m N U U Q-00 c N p: 7oU 0 w m 00 7 7 C U C m C O N N m ur �'a ,LL' oa m 0015 m U 8 r m a) Q E m 7 N u O 0 0 _ Xu Xu O ` a)5c: c X X m O o N a) 69 CL d N 0 E d w C N J n B ."�•� N a) C j fix( fix( C 0 0 ® .0-0 0 X X E aa)i d C o fTn E ar o d a c�� 2u)2Z�� d G :aK •_Y CZ. > o > c. m L E mo a'c m a C1 �° W muoaa))oa� SJU�UO.' m Lv W'- w a�i G 8a) c -mo o C 2 ` cn Er E >m u a) a) m N .?, O. N > .O 0 7 = O m ca N r+ 0 d c a) 11 0 0 c C> 08 U oX °W a° d E c c U)� a) a) n O 2 F a? E i=oo j a2 m T c E �'c a �� �c-tf , W 0 O' 7 U o 0 0 0 eF N N 0 7 V' W CJU�U O Z +• d' O �•� 'd' •O �M -29- GENERAL COMMITTEE — NOVEMBER 15, 2005 0 a� E 0 a E 0 m v a� U O O. UI N N .0 a 0 a) a� a(6 =o N N a) + E N N (on CO • 6 N C O a) w (0 i (9 7 U 7 xx 7 O_ C 'C OI O N '�-> .O+• j -5•p o �' O) a N "O N O ^p N a O O 7 .� U (U C v0- N O 'O L `� co 'O N V O 0 C U >U N >, C O t N N '00 N Z f6 N O. F- w_0 f6 O O Y .v O- >. a) 3ocau) a) L = C C N O u) ul a) +- -o N U N mc: N O N N O. U xx N d .CAL N a o Z' U N Y i c:aaa)) N - U > O U "O O' E O(D ..0 O w N>> N U O N O C G N N 7 C N C f6 + N O O V) Vl Oi > O / m U) U) L U O clG N N C O >, E U "O U = p. 9 N L U Ncn _ cr u a (D U O N N > (D NCNu a) Oi LN` L U) OU O(D3= 'D N E O L N- U u) )-_o .: a.) 'E U W 7 a)c:O a V O O N -a> E O C N y L O a N c ci 3 L O) C O Vn o o. U- c U) µ L, a) f6 c u) u1 v1 O a N c:NN u (�O E .-. +C U (D C 7 y 0 CL N V N m O f0 N N d 0> ... O (n 7 -O ` in m lu a O O O O L E 7 m Q8lum�'�a�nUo�—�'� co u N O • • • • • U d' v-- -30— GENERAL COMMITTEE - NOVEMBER 15, 2005 m m r o N Mn C U Y c 0 c:..'L., N N co c 0 70 a) N +_ C .O 0 o ca � aci EE a)3 E in a) 0U- 0 m .fl c 3m 08 w`� o U -00 cE c� m N ao a�oo mN °DN c)0 C E V N 0 d N c ° 0 YE -oc 'o'y LE Y -- (D E_mo o° °o. rnacip 0 3 (D m m m :3 ro+�E inc `-0O 0 o. 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U E n' 0 O "' cuDOtar- O(N 00 L' Y o N O Y a-c c "'' 0 O 0 y w. o n N o'=w m 3 0 : o. 0 0 L E `mzM E p 0, 0 m W Oy 0 �R c 0 0 +' 0 "' m c ..m. a °?vim c°m['Y°V m.�c M K cQ OcYo Fac E 0 cn m E > N C d E 0 m Y 0 m 0 n. m Ed 0 Q 0 c m= N CL Om °mcEow�cFD ��Y° o� f0m cmt Z o :cn �� �°a) aoioY >- L -ma°)i>.$°-m03m c CL O � -0 o 0 9 a>icn U) m c° N 0 O m 0 L-L Y m c c .c Y Y c a> a� ro N m m p a = ¢ a) s p_n L o E ° �Fc n `L°-E��LLn m c: Fa F Fay ° oQ7=Eacimm E a08 m 0 coo �E8 • .0 m > t0 • • • • >i N O. r c 'm N L 'o E o 0 m r r d L Oc 3 ° to ui co ad a N Ua Q.I—F-v ch Qv v a v E yr ° -31- GENERAL COMMITTEE — NOVEMBER 15, 2005 cn U N cn O � (n N a) N N c O a) (O L o ° y > C 'O a ° y ° a) V) r a) m a) E L 9 •o c g cn U) — 8 m E E (n a) 0 �_ c co ami � 2 3 roC) N c > U N "'' O U) cn .0 C O U r c p -C 0 L n a _ 7 u-- '°O C a) m N O O O C O O Y Y m C O E o D Ec °'n mm E m c Y c Y c a) ai Ern a C c a) 8 o V CL'aE m Q. E . m N Vl to C o m 2 > > E o h- n h- .n Q E Y m a) S Y l L a) "O 'Q U Y Y 4L-� Oi C O O N E` m m '�- C U N N w O m a) 7 a0"O L :�+ U m a) N m O .- a L mr�-f- N a O) O .0 .t. .0 V! fn Y2 N ZN as °cLL L a)o -m U m0 ° �n.oc� a7U o ��vi p �rn '= E Q NOQ O Lc C a) a T O aU w LL . a) 0).O� c L m L mcn= N U Om U) c O >, N o Ncn Y(6 cu onv mo m a >° o a� a� Sao cn E m E E —. m°� c�° "O U 46 O Y a) a) U) C a) m 7 a) ' m to E 4_ C ;° a) U U l�6 O O O c 0 0 U i. O m C N 4Y--. C w o'D m c a) u c o r- U)° cn a) o� E Y o a °° N> a� a� 3 a) a ate) a� m o am E -o aa) 'm n m a) y 7 a) °" ` (YO N O f'Cn € N a) E m °C O) E N 0 Om O E tea) E m a) O N L U CO O O E a Q cm w co c O a) a aI a a) 3c N :P G .0 L O U a) hoc a��o �Q)m a) �� calm N�� 00E—E mom a)m•Nmaam ma °r$ yoU)a) a) m .m c•o ' °m"OO 0�.coo p OU C m a a) a o) Ua) U m m f0 7 m> o r� O m N 0 N O W m � O O N N O YO m a) U () a) +L. O tm O O) � +-' a) a) T O QE " a C 'O a) C N '{{.pp' �.. ... m c ca' a) a) C c m c a)fA O N N E E C C m m C m E o u a) = ao. Q L c o Y Y L Y - � 0, 'O C V a) O U ~ g a) a) ca L O' O' a) F� m m p°FY C ) F"ato F�c F FBI-»HcNaF aim M O. r tri .0 r r U• • • r U '- r CO r O Cp a) C O ~ m a) W Gi a r C r a) r r 4 m 7 C I* .O cn '4 Vl .4 O E m V N o mm —32— GENERAL COMMITTEE — NOVEMBER 15, 2005 m� c o m L N a) N N U c O a) C � .(U o c 'D y o f E O =p N o a) Mn.� I1 0) a) •j N Y U m N C Q y N m a) E a) L O m Z 0.— O N j N o m to <Ucp E c U LL O V) a) O Np =0 O m" a E CU Nc Em O mm 3 c > O a� EEpm O U CL a) O c: O p' N a) � C U c C N N .E m LL - a) E en U 's a) t Qc c m U� O L E i �� v o mo N 3 E o) a) m ___ E3 c c .o a) > a) � Ec a) o c=o ;°.4E ro ���Ica a� U)EZ o E0 - oof a 'O O m Qc\in. O o LLR a) U �wE > L O I-UU) a) •- ,-- O m a) L �= a) t 7 E V co N X a)a) voa ILa)a5E 0 c a) a) U) a) N L O rn= �cW O E vi N " 'O n ycm o2 CL;E0 �a)a)= ocoo r- �Q N D) U �. V O L "" O ? .c :«+ O a) 9 J � d r.. = a) ❑. _N 'O a) V) N 'U E C �c-0 No8� 3>a°'i om�� N cu �•Qa) U �Y a) (n (6. E o d aU rnE m o m a c m p w a) 0)0 0o m Cc o f o c w c m .n 2 c 8 co o m > E p �'� m m o U B oLL m U c U 7 U E c m a) cL E 'o U m u V) m N U u) m a) LU c N c C m � L= U~ 0'o a) O °Eva°i m nt w .mco°o o« p xDE a)a) oJ� r oQ a no m v m o 0 > cr EMoE Q�Q�o af6i��c�ou=i E m dam_ m Q U a) c m" c J a) U m a V) N E o .E 00 m c w_ (n = o)�a N o o� o aE Q E N a) L o c ? a m N I- O Y m Y O y a) N U d m N ` 4 m N c m c p m O 0 U) a) C �' E O La 0 0 O > ca E"aE 3 >m ooV c j n.o oc ron wp-m @ m ooc me-5 N"-EEa) c d �_ Ew 0 m a-0 o 0 3 o ° L) Er cp aa)) c 8 `o oo u a> m m m m c _ e- N N U) p a) O. N ro 0 co 'c _ CU a) U a) _ N V) 0 V c U m 'o 0 a) en U N� 3`o LU C moE d .c a) a Ecw C LL ommm p_ mcoo°)o .m a '� of = E o - N O N N :° .p c .t_, C E O N C O. ,�-, ' m `' E U N d N c- 0 .G a) fm/) T� � 'O i w� W c� d O' O) c ` L !� p m c 0 8 u! p-0. N N V7 = .N a O N c E N C O-o (COL a) o d p N U > �Gm CL U +L., a��a acQ� wool W a`in>inU> � �E F O N O a) 01 N F' m N CL -- F 3 a) o` a) O ,_,O uE C c =.0 ? _ Gu!LL.-p a) • • • e • • p c Ew N I-c8 mo.N P E m T'2 N a) _ = m O p p= N O C tomQL Laa))a.m UioU)C L6 30" Nm It —33— GENERAL COMMITTEE — NOVEMBER 15, 2005 a� p) a 3 � c a) c o ED ° U) N o ° a 0) C C •C O C O @ -00 a) 'a C C C E C O 0 O a) a) .Q m O) m E o E m o� E> °� m U) 8m E� > �m oo N E U N cn aj +� N .t. N +'C+ m N 0-0 .,s " Y a) c a) ,0 N 0 N a) �. me a. � 'j •C 'O N 1.1 E ;v C 7 m > o O __ L 0 � m C c w m o c 04 m y = rn v E° 0 o)-o-oa Mill o w ° N =_p a) X 0 O CO >, O U .> 'O U N N E pC m a) a= C O C m y y a) E U LU- w E `° n a) a)w -0 O a) a) co n O n m° i. N O V/ .a 0 7 0) Q d ... N y E 0) m a m m N m a) = n a). "0 O °-5 C1U .O .mC C 0 p� N m U 70 C p a) U O Y)O m m �3cc°) aQi p w�mE wm N m °rn m nnv ► -o N m c U T N p N C CO ,U y6 O O C N E 0 a) o S] C C N O C °LE° a Lo m = m� a)o m m E a) 3 a) _ c c p U) m ° E N o m y o E N t E n� 8 c aL `m > CL- > ��0 Q p=p N O .Z N C N m= a) (0 Z y} m r w U = L` '0 0) n'U) = a) "0 r a) Q m a) O O C C a) Q N C U .L.� O :5 U L y,_, V) C C a>i= EEm� w mQ a)—O � °an)w�°-� C U j, m 3 o a� " U) CO m O ... a) E ,Q 'f] L O) V-- 0) O N C Y N a) N a) n O C L m C O O N O O) > N N 7 C' O W > N 'C •C �.. m N m a) m p Cr W U m 5 E'm 'm N� c• C fmi) .0 C N N m N N u N a) NO a) U= N m 0 .,L.. r C N J W Z U F 0) O M j M �p O j N N O••••• dj = N N U V tn) CLO O) 0 0 OvC C 9 u� —34— GENERAL COMMITTEE - NOVEMBER 15, 2005 a) m a' a) o a a) o a) a a 0 o U m -00 7 aYY @ E (co N a) a) N C c: -0 c = M U c c Nc u@) r� Eo o .oc> =(a 3 aa)) c .0 cQ N 0 U @ .O c> -� N a) M U) @ O U U a) 3 c C L@ L7' L E O c O E c 0@ C O N @ O r- c o m� E� @o� 10aa)) -0Q cl cu aLLiai L L a)@ a) a>i V c L c E c a) c N .� .J N "0 N H a 0 c 0 E a) O N a) a@ m w E 3 0 o n a) E E E •ca o N E .� 3 3� : o� t! �� UUi �ro c°)� a ca c c a) (°)cu E �� @ a) 0) Em o :3CT a) �� �a () E 2Mn E( C N � O E _O c @ a,._ No cn L- @ (n@ L O Ucr.@ u,� f N@> N a) @ rL .c U .J 7 .«+ c C .� LL ,�, L (nc ° a) N � �p p 0 o E E m E u) o f E O @ N O- aa)) N c0i E _ n .a? 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O.O N ry 0 +. a N a)% L = L N .E o C n ��(,I .00 U c p a) oa)(c(pp E (n (i �� .taUi 0� oCL�@oo fn r U y (p � L .0 @ V 3?w co = 7cr - U C w' Oo @J- a) N P t w W r m O_ Ou o o o Oo a)c� ` 3 > i- .- o t7 @"� C9 m C9 a C7 m F o mE h- I-� N �h- @ I c L �" J p ai a) "@> E (V N U m '0 N r M a) d' N 0 ((7 et N N U "O N .� r' j, E O a) 3 M (G r (V a) c er U (O V) n' a 0 ta)) L +. J E 7 en N ui V o d' '0 @ a c tl' @ et a (n L -35- GENERAL COMMITTEE - NOVEM R R 15, 2005 Mn \ G§ / ) ) . � � � / 3 -E G )k )� § / | ) Mn CL CL / / E § 7=§B -- ©�- - cu ®�)§ ° t a\\(ƒ \ = a\ *era / \ f )C )f f [ \ § 0. _ ) } \ ) ) 0 / [7 - )\ 0 - t§ a /\ �® \ \ U) ) E § /\ / � )( ,E& _m # (� - 0 CL / \ \ r- ra ±E $ )m U- E ~ I\ f® \ f �< k� �( ) cu 5 ) 2 = 2 / g )% $%�0§ $ a) a) /)§ \&§ 2(e2G Q ga» �oda Lo -36- GENERAL COMMITTEE — NOVEMBER 15, 2005 TOWN OF AURORA GENERAL COMMITTEE SUBJECT: Servicing Allocation — By-law 4721-05.D FROM: Sue Seibert, Director of Planning DATE: November 15, 2005 RECOMMENDATIONS [kqEji :DA I T E =tA No. PL05-107- THAT Council enact by-law 4721-05.D, being a by-law dealing with the adequacy of services for new development. BACKGROUND At the October 26, 2005 Public planning meeting, Staff presented a draft servicing by-law to prohibit the use of land and the erection of residential dwelling units until municipal services are available and operational, along with a draft policy for allocation of services. The by-law and policy recommendations are a requirement of the Region of York pertaining to the allocation of services. The Region's requirements include the following: 1. The enactment of a municipal -wide by-law under Section 34(5) of the Planning Act to prohibit building permits if servicing is not available, 2. The adoption or reconfirmation of local sewers and water allocation polices, including the "use it or redistribute it policy". 3. All allocation of the servicing capacity shall include conditions in accordance with Attachment 1 to the Regional staff report of June 23, 2005 entitled Table 4 Short Term Servicing Requirements by Municipality. The resolution by Council at the October 26, 2005 meeting was as follows: THAT Attachment #1, entitled Draft Policy for the Allocation of Servicing Capacity, be amended to reflect input from members of the Public and Council. THAT staff be directed to prepare a matrix describing the various applications relative to the policy for allocation in its approved form, which would assist Council in coming to conclusions on the various applications. THAT staff prepare the necessary enacting Servicing Allocation Policy and Controlling By-law. THAT Council reconsider the matter of the servicing allocation of 61 units —37— GENERAL COMMITTEE — NOVEMBER 15, 2005 November 15, 2005 - 2 - Report No. PL05-107 from the Historic Core reserve at the next regular meeting of Council. COMMENTS Zoning By-law under Section 34(5) of the Planning Act: This section of the Planning Act is being used by several municipalities and as noted above it will now be a Regional requirement that a by-law be passed under this section, the effect of which will be that no building permit can be issued unless Council has allocated servicing capacity for the property prior to the permit issuance. A draft by-law was presented at the October 26, 2005 Public Planning meeting and Council provided the following comments pertaining to the bylaw: Council requested clarification pertaining to section 4.a of the by-law where a clause indicates that a building permit may be provided prior to serving being allocated when "the said Council has exempted the development or the class of development from the requirement for allocation of capacity". Response: Staff have followed up with the Town of Markham (the original authors of the servicing by-law) pertaining to the clause and have been informed that Markham exempts certain units by policy such as consents of 3 unit and less and units with Town water and private septic systems. The Town of Aurora does not have a similar policy, however, Staff feel the clause should remain as in the future Council may want to implement similar exemptions or a situation may arise where it advisable to exempt certain types of development by resolution. Council indicated that the definition of "Multiple Unit Building" and "Residential Unit" were omitted from the Aurora by-law. Response: As noted above the Markham By-law was used as a template for the Aurora by-law and the Markham by-law included the definitions. However, the Town of Aurora parent zoning by-law 2213-78, as amended.already contains a definition for "Dwelling Unit' (Markham defines the use a "Residential Unit') as follows: 3.41 Dwellinq Unit: means one (1) room or a group of rooms used or designed or intended to be used by one or more persons as a single, independent and separate housekeeping establishment subject to the following conditions: (1) food preparation and sanitary facilities are provided for the exclusive use of such person or persons; sm GENERAL COMMITTEE — NOVEMBER 15, 2005 November 15, 2005 -3- Report No. PL05-107 (2) there is in existence a private entrance from outside the building or from a common hallway or stairway inside the building; and (3) does not mean or include a tent, cabin, trailer, mobile home, or a room, or suite of rooms in a boarding house, in a hotel, motel, motor hotel, or tourist home. It is therefore not necessary to include a definition for "Dwelling Unit" within the by-law. The "Multiple Unit Building" definition was not included as the Markham by-law indicates that a Multiple Unit Building contains 3 or more units and that they are subject to site plan control. The Aurora site plan control by-law is more specific and thus the proposed by-law specifies only multiple use buildings that are designated by the site plan control by-law. For example in the R5 zone buildings with under 5 units are not subject to site plan control and there are also many other examples of multiple buildings that are not subject to site plan control in the Aurora site plan control by-law. In the case of Aurora's by-law "Multiple Unit Building" by definition would be more than one unit and therefore no definition was required. Suggested Process and Protocol/Polic Council and those who provided commentary at the Public meeting have suggested some modifications to the serving allocation policies. Staff will present a revised policy based on these comments at a subsequent General Committee meeting. List of Current Applications: Council requested that staff prepare a more detailed list of the status of existing applications. Staff will present a revised status list based on these comments at a subsequent General Committee meeting. OPTIONS Council has the Option of approving the by-law as is or requesting modifications prior to the enactment of the by-law by Council. FINANCIAL IMPLICATIONS The policy and by-law are a tool for Council's use in planning for growth, Financial projections are based on approximately 400 building permits being issued each year. While it is difficult to ensure that this will happen in individual years, over a several year —39— GENERAL COMMITTEE — NOVEMBER 15, 2005 November 15, 2005 - 4 - Report No. PL05-107 period this should be achievable based on the current allocation granted to the Town. LINK TO STRATEGIC PLAN The Strategic Plan has objectives of well planned growth. Careful consideration of the allocation of servicing capacity will help achieve this. CONCLUSIONS Staff have prepared the by-law based on a template prepared by the Town of Markham. A few changes pertaining to definitions were made to the Markham template in order to fit within the provisions of The Town of Aurora comprehensive by-law 2213-78, as amended and site plan by-law 3604-95, as amended. A subsequent report will be presented to General Committee, in the near future, pertaining to the servicing allocation policy and detailed status list of all applications. ATTACHMENTS Attachment 1 By-law for the prohibiting the issuance of building permits that do not have servicing allocation. PRE -SUBMISSION REVIEW Management Team Meeting — November 9, 2005 Prepared by. Jim Kyle, Extension 4345 S S I rt, M.C.I.P., R.P.P. irectoY of Planning GENERAL COMMITTEE - NOVEMBER 15, 2005 ATTACHMENT #1 D14-12-05 The Corporation of the Town of Aurora By-law Number 4721-05.D BEING A BY-LAW to amend By-law No. 2213-78, as amended, being the Zoning By-law of the Town of Aurora. A by-law to Prohibit the Use of Land or the Erection or Use of Buildings or Structures unless Municipal Services are Available WHEREAS it is considered desirable for the control of development within the Town of Aurora to prohibit the use of land or the erection or use of buildings or structures, unless such municipal services as may be set outin the by-law are available to service the land, buildings or structures, as the case may be, in accordance with the provisions of subsection 34 (5) of the Planning Act, R.S.O. 1990, c. P. 13, as amended; AND WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended provides that the Council of a local Municipality may pass a Zoning By-law; AND WHEREAS the Council of the Corporation of the Town of Aurora enacted by-law 2213-78 being the Zoning By-law, as amended; AND WHEREAS the Council of the Corporation of the Town of Aurora deems it advisable to further amend By-law 2213-78, as amended; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: - 1. In this by law, a) "Subdivision" means a plan of subdivision, draft approved or registered in accordance with section 51 of the Planning Act, R.S.O. 1990, c. PA 3, or similar legislation, where the public highways and lanes within the plan have not been assumed by the authority having jurisdiction. 2. For the purposes of this by-law, municipal services are deemed to be available to a Dwelling Unit within a Subdivision when the roads, water, storm sewer, sanitary sewer and stormwater management facilities required to service the Dwelling Unit satisfy the following requirements: a. the public highways and lanes in the Subdivision have been constructed to base course asphalt; b. the watermains, sanitary sewers, storm sewers and stormwater management facilities necessary to service the Dwelling Unit have been constructed and are operational; C. the following requirements with respect to any necessary sanitary, storm and watermain trunks and stormwater management facilities external to the site or subdivision have been satisfied: I. all property required for the service has been dedicated to The Corporation of the Town of Aurora or other government having jurisdiction, if applicable; ii. the contract for the construction of the service has been awarded; Ill. a construction schedule, confirming completion and operation of the external service prior to occupancy, has been provided to the satisfaction of the Town's Director of Public Works; and iv. the Town or other government having jurisdiction has received adequate security for the construction of the external service, if it is intended to be constructed byaprivate party. d. the walermain and any required service connections 100mm in diameter or greater in size have been disinfected in accordance with Ontario Provincial Standard Specification 701 and American Water Works Association Standard [P11e: 1)14-12-05] -41- GENERAL COMMITTEE - NOVEMBER 15, 2005 By-law No, 4721-05.D C651-99, and the water meets Provincial quality standards and such other standards as are adopted by The Corporation of the Town of Aurora; e. the watermain and any required service connections 100mm in diameter or greater in size have been hydrostatically tested in accordance with Ontario Provincial Standard Specification 701 and American Water Works Association Standards C600-99 and C605-94 or such other standards adopted by The Corporation of the Town of Aurora; f. a water flow test has been conducted in accordance with NFPA Standard 921 and at no point in the system are the following flow standards for firefighting purposes not met; 5,000 11tres/minute at 140 kpa for detached Dwelling Units and 7,000 litres/minute at 140 kpa for Multiple -Unit Buildings or such other standard adopted by the Town's Fire Chief; g, two separate accesses into any Subdivision have been provided and kept open for the purposes of emergency services access and egress, to the satisfaction of the Town's Fire Chief; and h, notwithstanding clause (g) above, a single access into any Subdivision, to the satisfaction of the Town's Fire Chief, may be permitted where any Dwelling Unit to be constructed is not more than 100 metres, measured along the said access, from an existing, assumed public highway that is connected to the said single access. For the purposes of this by-law, municipal services are deemed to be available to a Dwelling Unit, a Multiple -Unit Building that is not within a Subdivision when the roads, water, storm sewer and sanitary sewer, and stormwater management facilities required to service the Dwelling Unit satisfy the following requirements: a. where the Dwelling Unit does not front directly on an assumed public highway, an access route for fire department use, in accordance with the provisions of the Building Code, O. Reg. 403/97 or any successor legislation or regulation, has been provided; b. where any of a watermain, sanitary sewer and storm drainage system are available within a public road allowance adjacent to the lot on which the Dwelling Unit is to be located, those facilities are constructed and are operational; c. where sanitary sewers are not available to the lot on which the Dwelling Unit is to be located, a permit for a private sewage disposal system is available; d. where a new watermain extension is required to provide water service, the watermain and any required service connections 100mm in diameter or greater in size have been disinfected In accordance with Ontario Provincial Standard Specification 701 and American Water Works Association Standard C651-99, and the water meets Provincial quality standards and such other standards as are adopted by The Corporation of the Town of Aurora; e. where a new watermaln extension Is required to provide water service, the watermain and any required service connections 100mm In diameter or greater in size have been hydrostatically tested in accordance with Ontario Provincial Standard Specification 701 and American Water Works Association Standards C600-99 and C605-94 or such other standards adopted by The Corporation of the Town of Aurora; and f,. where a new watermain extension is required to provide water service, a water flow test has been conducted on the watermain and any service connections 100mm in diameter or greater in size In accordance with NFPA Standard 921 and at no point in the system are the following flow standards for firefighting purposes not met: 5,000 litres/minute at 140 kpa for detached Dwelling Units and 7,000 litres/minute at 140 kpa for Multiple -Unit Buildings or such other standard adopted by the Town's Fire Chief. 4. Notwithstanding the provisions of any other by-law hereinbefore or hereafter enacted pursuant to s. 34 of the Planning Act, or any predecessor thereof, by the Council of The Corporation of the Town of Aurora, or any predecessor thereof, no land shall be used and no building or structure shall be erected or used which will result in the creation of any new or additional Dwelling Units unless: a. water and sanitary sewer capacity is available and the Council of The Corporation of the Town of Aurora has allocated water and sanitary sewer capacity to service the said lands and Dwelling Units or the said Council has exempted the development or the class of development from the requirement for allocation of capacity; and I. the Town Director of Public Works has confirmed that municipal services are available irt—accordance with Clauses 2(a) to (a) both Inclusive or Clauses 3(b), (d) and(e), as the case may be, if. the Town's Fire Chief has confirmed that Clauses 2(f) to (h) both inclusive or Clauses 3(a) and (f), as the case may be, and [File: D14-12-051 Page 2 -42- GENERAL COMMITTEE - NOVEMBER 15, 2005 By -I. No. 4921-05.1) iii the Town's Chief Building Official has confirmed that clause 3(c) have been complied with; with respect to Multiple -Unit Buildings within the site plan control area as designated by by-law 3604-95 (as amended), the Council of The Corporation of the Town of Aurora has approved a site plan under section 41 of the Planning Act, R.S.O. 1990 c. P. 13 and the owner of the land has executed a site plan agreement, If applicable, and i. the Town Director of Public Works has confirmed that municipal services are available in accordance with Clauses 2(a) to (a) both inclusive or Clauses 3(b), (d) and(e), as the case may be, ii. the Town's Fire Chief has confirmed that Clauses 2(f) to (h) both inclusive or Clauses 3(a) and (f), as the case may be, and iii the Town's Chief Building Official has confirmed that clause 3(c) have been complied with. Nothing in this by-law shall prevent: a. The erection of buildings for uses incidental to construction, such as a construction camp or other such temporary work camp, tool shed, scaffold or other building or structure incidental to the construction only for so long as the same are necessary for work in progress which has neither been finished nor abandoned;and b. The erection of model homes and sales offices, subject to such terms and conditions as established by the Town and provided that an access route for fire department use In accordance with the Building Code, O. Reg. 403197 has been provided. 6. This by-law shall apply to all of the lands within the areas identified on Schedule "A" to this by-law. That in all other respects the provisions of By-law No. 2213-78, as amended, shall continue to apply. 8. That Schedule "A" attached hereto, is hereby declared to form part of this By-law. READ A FIRST AND SECOND TIME THIS DAY OF , 2005. READ A THIRD TIME AND FINALLY PASSED DAYOF ,2005. T. JONES, MAYOR S. PANIZZA, TOWN CLERK [File; D14-12-05) Par.3 -43- GENERAL COMMITTEE — NOVEMBER 15, 2005 ey-lu No.4721-05.D Explanatory Note Re: Zoning By-law No. 4721-05.D By-law Number 4721-05.D has the following purpose and effect: To amend By-law 2213-78, as amended the Zoning By-law in effect In the Town of Aurora, to prohibit the use of land and the erection of residential dwelling units until municipal services are available and operational. Previously these restrictions were placed within the subdivision and site plan conditions, however, the new Building Code Act no longer considers site plans and subdivisions as applicable law and such the restrictions must be paced within a zoning by-law which is considered applicable law. [File: 1)74-12-05] Pege 4 —44— GENERAL COMMITTEE - NOVEMBER 15, 2005 TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK LOCATION: TOWN OF AURORA N 0 4 h 3 0 SUBJECT LANDS THIS IS SCHEDULE "A" TO BY-LAW NO. 4721-05.D PASSED THIS _ DAY OF , 2005. B. PANIZZA, CLERK T. JONES, MAYOR RD SCHEDULE "A" TO BY-LAW NO.4721-05.D -45- GENERAL COMMITTEE — NOVEMBER 15, 2005 �AGENDAiTEM# 'TOWN OF AURORA General Committee REPORT SUBJECT: New Recreation Complex — Financial Update FROM: L. John Gutteridge, Director of Finance/Treasurer DATE: November 15, 2005 RECOMMENDATIONS THAT the report be receive for information. BACKGROUND No. TR05-032 On May 3, 2005 and June 7, 2005 Mr. Paul Dillman, Deputy Treasurer/Tax Collector presented council with a report on the issuance of debentures for the New Recreation Complex, copies of which are attached hereto as Appendix "A" and Appendix "B". COMMENTS As the majority of the funds required to repay this debt are development charge eligible, it made sense for the municipality to debenture. The only concern you have is that this debt is dependent upon future development charges and there are many economic developments that could impact our ability to raise this money. OPTIONS At the present time, Council has no options for the funds that have been debentured. These were issued on the direction of Council. As for the funds remaining to be raised, Council does have options on how to deal with this. A couple of these being: ➢ raise the shortfall in the annual levy ➢ find the funds from another reserve or reserve fund ➢ debenture —46— GENERAL COMMITTEE — NOVEMBER 15, 2005 November 15, 2005 - 2 - Report No. TROS-032 FINANCIAL IMPLICATIONS Council with the adoption of Mr. Dillman's reports, approved the issuance of debenture for the project in three blocks, as follows: ➢ 10 Year Debenture for $12,669,300.00 with projected interest of 4.66% and an annual repayment from Development Charges of $1,599,410.00. This was based on the assumption that we would issue 400 residential building permits per year. ➢ 20 Year Debenture for $4,245,700.00 with projected interest of 5.24% and an annual repayment of $170,000.00 from operating for years 1 to 10 and from development charges for year 11 through 20. ➢ Once the project is complete, it is projected that there would be a requirement to issue a further debenture of $2,135,000.00. The term for this debenture will be determined when it is time to issue the debenture. ➢ Appendix "C", attached hereto, shows the current status of the project to September 26, 2005. As requested, the following are the facts on the issue of debentures. The 1 to 10 year debenture was issued by the Region of York for an average money cost of 3.91% and an average annual repayment of $1,547,469.00 which is $51,941.00 less than projected. This sum is to be paid from development charges based upon an average of 400 residential units per year for the next 10 years. In 2005 we collected to date development charges for 38 residential units. The 1 to 20 year debenture was issued for an average money cost of 4.371% and an average annual repayment of $320,543.38 which is $30,000.00 less than projected. The funds for this loan repayment have been budgeted. As for the final number and debenture, this has yet to be determined. Appendix "C" provides a summary indicating the budget, activity to date and projection to the end of the project. At the present time we will be looking for $622,000.00 at the end of the project based upon our September 26, 2005 project update. There is one area of concern that production of this report has identified and that is the large shortfall in our development charges revenues in 2005. Our debt repayment for the 1 to 10 year debenture is predicated on 400 residential building permits per year for the next 10 years, although we are not obligated to repay any debt in 2005, the fact that we only issued to date 38 residential building permits causes considerable concern as to our ability to meet our projections. —47— GENERAL COMMITTEE — NOVEMBER 15, 2005 November 16, 2005 - 3 - Report No. TR05-032 Funding shortfalls for projects, depending on the use of development charges to pay for these projects, are creating a liability to be recovered in future years. As your Treasurer, I must caution Council not to allow the municipality to get too far in arrears in the development charge recovery, because if projections are not met, the municipality will eventually have to raise taxes to meet the deficiencies. This will be further identified in my report on Reserves and Reserve Funds. CONCLUSIONS Staff have proceeded, as directed by Council, and they should be commended for the timing of the debenture issued, as the rates received were indicated by the Region as the best they have ever received. LINK TO STRATEGIC PLAN Goal "A" — To Maintain a Well Managed and Fiscally Responsible Municipality. ATTACHMENTS Appendix "A" General Committee Report No. TR05-011 Prepared by Mr. Paul Dillman Appendix "B" General Committee Report No. TR05-023 Prepared by Mr. Paul Dillman Appendix "C" Project Summary PRE -SUBMISSION REVIEW Prepared ipy: L. John Gutteridge, Director of Finance/Treasurer L. �Js Gutteridge — Director of Finance/Treasurer Ext- 4111 GENERAL COMMITTEE — NOVEMBER 15, 2005 APPENDIX A 'TOWN OF AURORA GENERAL COMMITTEE REPORT No. TR05-011 SUBJECT: New Recreation Complex -Approval to Issue Debenture FROM: Paul Dillman, Deputy Treasurer/Tax Collector TOWN OF AURO runroa: CLERK'S DEPARTMEW DATE: May 3, 2005 Staff Report Dispoeftion ( l Adece 4 1 Defe ( IAmended RECOMMENDATIONS Date In 3 ®s Meeti"/Paga initial 06 _ THAT Council authorize the issuance of debentures to com`�e "&i funding of the' New Recreation Complex being financed from Development Charges; THAT the Regional Municipality of York be requested to issue debentures in the amount of$12,669,300 on behalf of the Corporation of the Town ofAurore, repayable over a period of ten (10) years; THAT the Regional Municipality of York be requested to issue debentures in the amount of $4,245,700 on behalf of the Corporation of the Town of Aurora repayable over a period of twenty (20) years; THAT the debenture financing of the Non -development Charge component of the New Recreation Complex totalling $2,135,000 be deferred until the completion of the Long Term Capital Funding Review, Reserve and Reserve Fund Review and the development of a policy on the control and distribution of the proceeds from the sale of Aurora Hydro; THAT By-law 4667-05.F be enacted at the May 10, 2005 Council meeting. BACKGROUND On April 27, 2004 Council approved the construction of a new recreation complex with a budget of $20,800,000. The 2004 capital budget (Appendix "A") for this project approved funding a portion of the cost from the issuance of debentures totaling $19,050,000. On September 14, 2004 Council awarded Tender LS2004-55 for the construction of the new Recreation Complex to Bondfield Construction Ltd. in the amount of $16,695,000 excluding G.S.T. The project has been under construction for several months and it is now appropriate to consider and authorize the issuance of the debenture at this time. COMMENTS In May of 2004, Council identified the requirement to issue a debenture for$12,669,300 to be recouped over a 10 year term with annual payments of approximately $1.6 million —49— GENERAL COMMITTEE — NOVEMBER 15, 2005 May 3, 2005 - 2 - Report No. TR05-011 (Principal and Interest) at a rate of 4.66% from Development Charges levied during the period 2004 to 2013. This would have required an average 400 residential building permits per year be issued for the next ten years to support that portion of the debt. Council also identified the requirement to issue a debenture for a further $4,245,700 to be repaid over a 20 yearterm with annual payments of approximately $350,000 (Principal and Interest) at a 5.24% interest rate from initially the property tax rate and ultimately from Development Charges levied post 2013. Council also identified the requirement to issue a debenture for a further $2,135,000 to be repaid over a 20 year term with annual payments of approximately $170,000 (Principal and Interest) at a 5.24% interest rate from the property tax rate. We are recommending that this amount not be debentured at the present time. Currently, the project is under budget by approximately $1.6 million and deferring the issuance of a debenture in the amount $2,135,000 will have not an impact the cash flows for the Town. However, the actual costs of the project will not be known until the project is completed. Reducing the total tax supported portion of the debenture from $6,380,700 down to $4,245,700, would lower the annual tax supported payments by approximately $170,000 per year over the twenty year term of the debenture. We have included an amount in the approved 2005 Operating Budget for an annual payment of $625,000 to cover the property tax supported debenture payments. OPTIONS Change the term of one or both the proposed debentures. Nof recommended. The twenty year debenture will have an interest rate about .6% higher than the ten year debenture. However, the longer period allows for a smaller payment each year despite the higher interest. Reducing the term of the 20 year term will result in higher payments. The Development Charge supported debenture will be paid back over ten years if development proceeds at an average rate. Delay the timing of the debenture to the Spring 2006. • Not recommended. This could be managed but would significantly reduce our cash balances to the point where we might have to use our short-term borrowing facility as authorized under the temporary borrowing bylaw. FINANCIAL IMPLICATIONS The debenture to cover the development charge portion of the New Recreation Complex would be for $12,669,300 using a 10 year term at an estimated 4.66%. The annual payments of approximately $1.6 million will be recouped from the indoor recreation component of future development charges during the period 2004-2013. Depending on the actual interest rates in place when the Region of York issues the debenture on our behalf, the annual repayment amounts could change significantly. —50— GENERAL COMMITTEE - NOVEMBER 15, 2005 May 3, 2005 - 3 - Report No. TR05-011 The tax supported debenture of $4,245,700 million to be recouped from post 2014 Development Charges will be repaid over a 20.yearterm with an estimated interest rate of 5.24% and annual payments of approximately $350,000. Again, depending on the actual interest rates in place when the Region of York issues the debentures on our behalf, the annual repayment amounts could change significantly. Deferring the issuance of the tax supported of further debenture of $2,135,000 will not have a negative impact on the Town of Aurora's cash flows. In the short term, this amount can be financed from internal borrowings. The approved 2005 Operating Budget includes an amount of $625,000 for this year's property tax -supported debenture payments. CONCLUSIONS It is recommended that Council authorize the issuance of debentures to complete the financing of the New Recreation Complex from Development Charges. It is further recommended that the Regional Municipality of York be requested to issue two debentures on behalf The Corporation of the Town of Aurora, the first debenture in the amount of $12,669,300 repayable over a period not to exceed ten (10) years and the second in the amount of $4,245,700 repayable over a period not to exceed twenty (20) years. LINK TO STRATEGIC PLAN Goal "A" — To Maintain a Well Managed and Fiscally Responsible Municipality ATTACHMENTS Appendix "A" - Capital Budget Sheet PRE -SUBMISSION REVIEW Senior Management Team — Wednesday, April 27, 2005 Prepared by: Paul Dillman, Deputy Treasurer/Tax Collector (Ext. #4112) Paul Dillman, AMCT Deputy Treasurer/Tax Collector —51— GENERAL COMMI TEE - NOVEMBER 15, 2005 APPENDIX A TOWN OF AURORA Department Priority: # II 2004 CAPITAL BUDGET LSAC Priority: # ANALYSIS BY PROJECT DEPARTMENT: Leisure Services Department ACCOUNT NO, PROJECT: New Recreation Complex PURPOSE: To construct a new Multi -Use Recreation Facility (approximately 100,000 square foot facility) to accommodate twin pad ice surfaces, indoor pool, general purpose rooms, associated parking and access routes. PEREORMANCRIACTIYITY MpACIiRF4 INCREASE (DECREASE Construction of the facility will achieve desired service level standards approved by Leisure Services Advisory Committee as part of the Culture and Recreation Master Plan update. EFFECT ON FUTURE OPERATION BUDGETS INCREASE (DECREASE) A FLANATIONS/HIGHLIGHTS: GENERAL COMMITTEE — NOVEMBER 15, 2005 APPENDIX B 'TOWN OF AURORA GENERAL COMMITTEE REPORT No. TR05-023 SUBJECT: New Recreation Complex -Approval to Issue Debentures and Financing Option FROM: Paul Dillman, Deputy Treasurer/Tax Collector MWN OF AURORA CLERKS DEPAMMENT DATE: June 7, 2005 (�Staff Report DiapoetNon �ted ( ) Deterred t i Pirsenow ( ) Referred Oft �Zz42�RECOMMENDATIONS MeetlnalPa9e THAT the anticipated proceeds from the sale ofAurora Hydro not be considered as a means of financing the New Recreation Complex at this time due to the delay closing the sale and the need to develop a comprehensive policy on the control and distribution of the proceeds from the sale of Aurora Hydro; THAT Council authorize the issuance of debentures to complete the approved funding of the New Recreation Complex being financed from current and post 2013 Development Charges; THAT the Regional Municipality of York be requested to approve the issuance of debentures to partially finance the New Recreation Complex in the amount of $12,669,300 on behalf of the Corporation of the Town of Aurora, repayable from Development Charges collected over a period of ten (10) years; THAT the Regional Municipality of York be requested to approve the issuance of debentures to finance the New Recreation Complex in the amount of $4,245,700 on behalf of the Corporation of the Town of Aurora repayable from post 2013 Development Charges over a period of twenty (20) years; THAT Council provide direction to staff as to whether they wish the Region of York to proceed with the sale of the debentures at this time or have staff proceed in accordance with Section 405 of the Municipal Act, 2001 S.O.2001, c. 25 as amended and arrange with our Bankers to temporary borrowing of an amount not to exceed $16,915,000 for a period 12 months at a rate not to exceed prime + 1.0% (5.509,o); THAT the debenture financing of the Non -development Charge component of the New Recreation Complex totalling $2,135,000 be deferred until the completion of the Reserve and Reserve Fund Review and Long Term Capital Funding Review. THAT By-law 4667-05.F be enacted at the June 14, 2005 Council meeting. -53- GENERAL COMMITTEE — NOVEMBER 15, 2005 June 7, 2005 .2. Report No. TR05-023 BACKGROUND At its meeting of May 3, 2005 General Committee gave consideration to Financial Services Report TR05-11 entitled "New Recreation Complex — Approval to Issue Debenture (Appendix A). At its meeting of May 10, 2005, .Council approved the following motion pertaining to Financial Services Report TR05-1 1 (Appendix B): • THAT the issuance of debentures to complete the funding of the New Recreation Complex not be approved; and • THAT the matter be deferred to the next General Committee meeting for a staff report. At its meeting on May 17, 2005, General Committee approved the following motion (Appendix C) pertaining to a further staff report on the financing of the New Recreation Complex: • THAT the memo from the Deputy Treasurer/Tax Collector be received for information. COMMENTS The approved 2003 and 2004 Capital Budgets included the acquisition of land and construction of a New Recreation Complex at a total cost of $24,280,000. A portion of the funding for this project was to be financed from the issuance of Debentures totalling $19,050,000. The repayment of these debentures plus interest charges was to be funded from three (3) different sources: • From Development Charges levied during the period 2004 -2013 - $12,669,300 • From Development Charges levied post 2013 - $4,245,700 • From Property Taxes - $2,136,000 Section 405 of the Municipal Act, 2001S.O. 2001, c. 25 as amended authorizes a municipality to temporary borrow to meet expenditures made in connection with a work to be financed in whole or in part by the issue of a debentures if, • The municipality is a lower -tier —municipality in a regional municipality and it has approved the work and the upper -tier municipality has approved the issue of debentures for the work. —54— GENERAL COMMITTEE - NOVEMBER 15, 2005 June 7, 2005 - 3 - Report No. TR05-023 The expenditures as at May 31, 2005 for this project total approximately $8,231,200 of which, $3,501,200 remains unfinanced. OPTIONS Authorize the issuance of Debentures and subsequent sale of same by Regional Municipality of York This is the option being recommended by staff. This Capital Project when approved by Council in 2004 included partial financing from the sale of debentures. The repayment of the debentures plus interest was to be funded from Current Development Charges, post 2013 Development Charges and Property Tax Rate. Authorize the issuance of Debentures by Regional Municipality of York and arrange for temporary borrowings under Section 405 of the Municipal Act, 2001 This option is not being recommended by staff. However, with this option, Council would not be locked into a long term financing arrangement with penalties should they find additional funds to finance this project in the near future; thus, reducing or eliminating the requirement to complete the financing to the New Recreation Complex with the issuance of debentures fund by Development Charges. FINANCIAL IMPLICATIONS The debenture to cover the development charge portion of the New Recreation Complex would be for $12,669,300 using a 10 year term at an estimated 4.66%. The annual payments of approximately $1.6 million will be recouped from the indoor recreation component of future development charges during the period 2004-2013. The tax supported debenture of $4,245,700 million to be recouped from post 2013 Development Charges will be repaid over a 20 year term with an estimated interest rate of 5.24% and annual payments of approximately $350,000. Deferring the issuance of the tax supported partition of the debenture of $2,135,000 will not have a negative impact on the Town of Aurora's cash flows. In the short term, this amount can be financed from internal borrowings. The approved 2005 Operating Budget includes an amount of $625,000 for this year's property tax -supported debenture payments a portion of which will be recovered from both current and post 2013 Development Charges. -55- GENERAL COMMITTEE - NOVEMBER 15, 2005 June 7, 2005 - 4 - Report No. TR05-023 CONCLUSIONS It is recommended that Council authorize the issuance of debentures and subsequent sale by the Regional Municipality of York to complete the financing of the New Recreation Complex from current and future Development Charges. It is further recommended that the Regional Municipality of York be requested to issue two debentures on behalf The Corporation of the Town of Aurora, the first debenture in the amount of $12,669,300 repayable over a period not to exceed ten (10) years and the second in the amount of $4,245,700 repayable over a period not to exceed twenty (20) years. LINK TO STRATEGIC PLAN Goal "A" - To Maintain a Well Managed and Fiscally Responsible Municipality ATTACHMENTS Appendix "A" - Financial Services Report TR05-011. Appendix "B" - Extract from Council Meeting No. 05-19 held on Tuesday, May 10, 2005 Appendix "C" - Extract from General Committee Meeting No. 05-14 held on Tuesday, May 17, 2005 and adopted by Council on May 24, 2005 including copy of Memo to Mayor and Council dated May 17, 2005. PRE -SUBMISSION REVIEW Senior Management Team - Wednesday, June 1, 2005 Prepared by: Paul Dillman, Deputy Treasurer/Tax Collector (Ext. #4112) Paul Dillman, AMCT Deputy Treasurer/Tax Collector -56- GENERAL COMMITTEE - NOVEMBER 15, 2005 APPENDIX A -TOWN OF AURORA GENERAL COMMITTEE REPORT No. TR05.011 SUBJECT: New Recreation Complex - Approval to Issue Debenture FROM: Paul Dillman, Deputy Treasurer/Tax Collector DATE: May 3, 2005 RECOMMENDATIONS THAT Council authorize the issuance of debentures to complete the funding of the New Recreation Complex being financed from Development Charges; THAT the Regional Municipality of York be requested to issue debentures in the amount of $12,669,300 on behalf of the Corporation of the Town ofAurora, repayable over a period of ten (10) years; THAT the Regional Municipality of York be requested to issue debentures in the amount of $4,245,700 on behalf of the Corporation of the Town ofAurora repayable over a period of twenty (20) years; THAT the debenture financing of the.Non-development Charge component of the New Recreation Complex totalling $2,135,000 be deferred until the completion ofthe Long Term Capital Funding Review, Reserve and Reserve Fund Review and the development of a policy on the control and distribution of theproceeds from the sale of Aurora Hydro; THAT By-law 4667-05.F be enacted at the May 10, 2005 Council meeting. BACKGROUND On April 27, 2004 Council approved the construction of a new recreation complex with a budgetof$20,800,000. The 2004 capital budget (Appendix' A) for this project approved funding a portion of the cost from the issuance of debentures totaling $19,050,000. On September 14, 2004 Council awarded Tender LS2004-55 for the construction of the new Recreation Complex to Bondfield Construction Ltd. in the amount of $16,695,000 excluding G.S.T. The project has been under construction for several months and it is now appropriate to consider and authorize the issuance of the debenture at this time. COMMENTS In May of 2004, Council identified the requirement to issue a debenture for $12,669,300 to be recouped over a 10 year term with annual payments of approximately $1.6 million -57- GENERAL COMMITTEE — NOVEMBER 15, 2005 May 3, 2005 - 2 - Report No. TR05-011 (Principal and Interest) at a rate of 4.66% from Development Charges levied during the period 2004 to 2013. This would have required an average 400 residential building permits per year be issued for the next ten years to support that portion of the debt. Council also identified the requirement to issue a debenture for a further $4,245,700 to be repaid over a 20 yearterm with annual payments of approximately $350,000 (Principal and Interest) at a 5.24% interest rate from initially the property tax rate and ultimately from Development Charges levied post 2013. Council also identified the requirementto issue a debenture for a further $2,135,000 to be repaid over a 20 year term with annual payments of approximately $170,.000 (Principal and Interest) at a 5.24% interest rate from the property tax rate. We are recommending that this amount not be debentured at the present time. Currently, the project is under budget by approximately $1.6 million and deferring the issuance of a debenture in the amount $2,135,000 will have not an impact the cash flows for the Town. However, the actual costs of the project will not be known until the project is completed. Reducing the total tax supported portion of the debenture from $6,380,700 down to $4,245,700, would lower the annual tax supported payments by approximately $170,000 per year over the twenty year term of the debenture. We have included an amount in the approved 2005 Operating Budget for an annual payment of $625,000 to cover the property tax supported debenture payments. OPTIONS Change the term of one or both the proposed debentures. • Nof recommended. The twenty year debenture will have an interest rate about .6% higher than the ten year debenture. However, the longer period allows fora smaller payment each year despite the higher interest. Reducing the term of the 20 year term will result in higher payments. The Development Charge supported debenture will be paid back over ten years if development proceeds at an average rate. Delay the timing of the debenture to the Spring 2006. • Not recommended. This could be managed but would significantly reduce our cash balances to the point where we might have to use our short-term borrowing facility as authorized under the temporary borrowing bylaw. FINANCIAL IMPLICATIONS The debenture to cover the development charge portion of the New Recreation Complex would be for $12,669,300 using a 10 year term at an estimated 4.66%. The annual payments of approximately $1.6 million= -will be recouped from the indoor recreation component of future development charges during the period 2004-2013. Depending on the actual interest rates in place when the Region of York issues the debenture on our behalf, the annual repayment amounts could change significantly. GENERAL COMMITTEE — NOVEMBER 15, 2005 May 3; 2005 - 3 - Report No. TR05-011 The tax supported debenture of $4,245,700 million to be recouped from post 2014 Development Charges will be repaid over 20.yearterm with an estimated interest rate of 5.24% and annual payments of approximately $350,000. Again, depending on the actual interest rates in place when the Region of York issues the debentures on our behalf, the annual repayment amounts could change significantly. Deferring the issuance of the tax supported of. further debenture of $2,135,000 will not have a negative impact on the Town of Aurora's cash flows. In the short term, this amount can be financed from internal borrowings. The approved 2005 Operating Budget includes an amount of $625,000 for this year's property tax -supported debenture payments. CONCLUSIONS It is recommended that Council authorize the issuance of debentures to complete the financing of the New Recreation Complex from Development Charges. It is further recommended that the Regional Municipality of York be requested to issue two debentures on behalf The Corporation of the Town of Aurora, the first debenture in the amount of $12,669,300 repayable over a period not to exceed ten (10) years and the second in the W amount of $.4,245,700 repayable over a period not to.exceed twenty (20) years. LINK TO STRATEGIC PLAN Goal "A" — To Maintain a Well Managed and Fiscally Responsible Municipality ATTACHMENTS Appendix "A" - Capital Budget Sheet PRE -SUBMISSION REVIEW Senior Management Team — Wednesday, April 27, 2005 Prepared by: . Paul Dillman, Deputy Treasurer/Tax Collector (Ext. #4112) Paul Dillman, AMCT Deputy Treasurer/Tax Collector —59— GENERAL COMMITTEE - NOVEMBER 15, 2005 TOWN OF AURORA Department Priority: # 2004 CAPITAL BUDGET LSAC Priority: ANALYSIS BY PROJECT DEPARTMENT Leisure Services Department ACCOUNT NO. PROJECT: New Recreation Complex PURPOSE: To construct a new Multi -Use Recreation Facility (approximately 100,000 square foot facility) to accommodate twin pad ice surfaces, indoor pool, general purpose rooms, associated parking and access routes. PF.RFnRMAM'F/Af'T7 yMFACiTRFC INCREASE (DECREASE Construction of the facility will achieve desired service level standards approved by Leisure Services - Advisory Committee as part of the Culture and Recreation Master Plan update. EFFECT ON FUTURE OPERATION BUDGETS INCREASE (DECREASE) EXPLANATIONS/HIGHLIGHTS: -60- GENERAL COMMITTEE - NOVEMBER 15, 2005 APPENDIX B EXTRACT FROM COUNCIL MEETING NO. 05-19 HELD ON TUESDAY, MAY 109 2005 . v,�, s..Nxcca?'x�tn'sr F .nas�*3xrr v . s:: . �-r.. �'P: ix aria .�,� r4g ,} �._ ix .i . �n #¢.�; N:? -,+ `.,�':=-!.'S ��ti!";`;','-b�{ti•=: CONSIDERATION SEPARATE DISCUSSION 1. General Committee Meeting Report No. 05-12 - Tuesday, May 3, 2005 (13) TR05-011 —New Recreation Complex —Approval to Issue Debenture Moved by Councillor Gaertner Seconded by Councillor Kean THAT the issuance of debentures to complete the funding of the New Recreation Complex not be approved; and THAT the matter be deferred to the next General Committee meeting for a staff report. CARRIED CORRESPONDENCE SENT BY: ACTION DEPT.: INFO DEPT.: CAO. Legal. Leisure. Pending (May 17-GG) —61— GENERAL COMMITTEE — NOVEMBER 15, 2005 TREASURY DEPARTMENT APPENDIX C To: MAYOR AND MEMBERS OF COUNCIL From: PAUL DILLMAN, DEPUTY TREASURER/TAX COLLECTOR Date: May 17, 2005 Re: DEFERRAL OF REPORT TR05-011 DATED MAY 3, 2005 ENTITLED "NEW RECREATION COMPLEX -APPROVAL TO ISSUE DEBENTURES" TO THE GENERAL COMMITTEE MEETING ON MAY 17, 2005 FOR A STAFF REPORT At its meeting of May 10, 2005, Council approved the following motion: THAT the issuance of debentures to complete the funding of the New Recreation Complex not be approved; and THAT the matter be deferred to the next General Committee meeting for a staff report. Staff is currently reviewing other options available to complete the financing of the New Recreation Complex. There was not sufficient time to complete this review and report back to' the General Committee meeting scheduled for May 17, 2005; therefore, a staff report is being prepared for the General Committee meeting scheduled for June 7, 2005. For your information, if a lower tier municipality is anticipating participating in the Region of York's fall debenture issue and the project has not previously been approved by Regional Council, they are required to forward their debenture approval request (together with all related documentation) to the Region by June 15, 2005 in order for them to prepare the necessary reports. Respectfully Submitted, Paul Dillman, AMCT, Deputy Treasurer/Tax Collector —62— GENERAL COMMITTEE - NOVEMBER 15, 2005 AL� EXTRACT FROM GENERAL COMMITTEE MEETING NO. 05-14 HELD ON TUESDAY, MAY 17, 2005 & ADOPTED BY COUNCIL ON MAY 24, 2005 IV ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION General Committee recommends: THAT the following recommendations respecting the matters listed as 'Items not Requiring Separate Discussion" be adopted as submitted to the Committee and staff be authorized to take all necessary action required to give effect to same: 14. Memo from the Deputy Treasurer/Tax Collector Re: Deferral of Report TR05-011 - "New Recreation Complex - Approval to Issue Debentures" to the General Committee Meeting on May 17, 2005 for a staff report. THAT the memo from the Deputy Treasurer/Tax Collector be received for information. CORRESPONDENCE SENT BY: ACTION DEPT.: Treasury INFO DEPT.: CAO, PENDING CARRIED —63— GENERAL COMMITTEE - NOVEMBER 15, 2005 APPENDIX "C" Summary of Recreation Complex Project to September 26, 2005 Project Cost Land Costs Bondfield Contract Permit Application Furniture Fixtures & Equipment MHPM Project Management Expenses NORR Architects Other Consultants Contingency PROCEEDS TO PROJECT Development Charges Applied previous years Transfer from Municipal Reserve Transfer from Unexpended Youth Centre Debenture 10 year Debenture 20 year 2005 Levy Contribution Projected Future Debenture Requirement Forcasted To to Budget 09/26/05 Completion $ 2,300,000.00 $ 2,300,000.00 $ 2,300,000.00 $ 19,195,805,00 $ 17,551,034.00 $ 17,581,034.00 $ 66,000.00 $ 65,000.00 $ 65,000.00 $ 200,000.00 $ 400,000.00 $ 400,000.00 $ 304,000.00 $ 304,000.00 $ 304,000.00 $ 1,200,000.00 $ 1,022,395.00 $ 1,070,913.00 $ 166,000.00 $ 120,710.00 $ 152,210.00 $ 973,630.00 $ 206,500.00 $ 1,519,600.00 $ 24,404,435.00 $ 21,969,639.00 $ 23,392,657.00 $ 4,450,000.00 $ 280,000.00 $ 500,000.00 $ 12,670,000.00 $ 4,245,000.00 $ 625,000.00 $ 622,657.00 -64- GENERAL COMMITTEE - NOVEMBER 15, 2005 AGE1qDA ITEM 'TOWN OF AURORA GENERAL COMMITTEE REPORT SUBJECT: 2006 Council and Committee Meeting Calendar FROM: Bob Panizza, Director of Corporate Services DATE: November 15, 2005 RECOMMENDATIONS No, CS05-34 THAT the 2006 Council and Committee Meeting Calendar attached hereto as Appendix #1 be approved. BACKGROUND The calendar of Council and Committee meetings has been prepared for 2006, and is based on the same format used in the current year. In order to plan for the forthcoming meetings as well as provide notification to the public through various publications, it is necessary to establish a schedule of meetings for next year. COMMENTS A calendar of projected meeting dates for Council Meetings, Public Planning Meetings, and Advisory Committee Meetings for 2006 is attached for Council's consideration. The proposed calendar generally maintains the practice for the regular meetings scheduled in the past. Additionally, the meeting dates have been adjusted in the later part of the year to compensate for the municipal elections and the inaugural meeting of the new Council. OPTIONS The proposed meeting calendar is in keeping with Council's present meeting schedule and the Procedural By-law. Consideration of the proposed meeting calendar is entirely within Council's discretion. -65- GENERAL COMMITTEE - NOVEMBER 15, 2005 November 15, 2005 - 2 - Report No. CS05-034 FINANCIAL IMPLICATIONS None LINK TO STRATEGIC PLAN Goal A: To Maintaining a Well Managed and Fiscally Responsible Municipality. Goal E: To promote accessiblemunicipal government ATTACHMENTS Appendix 1 - 2006 Meeting Calendar PRE -SUBMISSION REVIEW Management Team Meeting — November 9, 2005 Prepared by: Karen Ewart, Administrative Co-ordinator/Deputy Clerk ext. 4222 oAyl ob Panizza Director of Corporate Services . i . • r--I 0c N N � • ° t�Uv� t�r�Uchd' t�Rlt�(� c+id' ° U .+ Q U ww H o �o.o or, o m� mobob r o 0 0 0 nilb �N � CA pt N a' a ° o P. o 0 0 � W U r '� oc N N GENERAL COMMITTEE - NOVEMBER 15, 2005 ro U a� o b 0 0 q 2 o mo tqbn o j, 0 3 vp" U��b P N as U o4 0 0 0 0 0 o q q O �+ a N ASCN 'No FNl N W N O W p U N H U H yam_, G • i Ttl ON CCN V�/ o , w w r—i �W w x oo o o�aM� o°goo o?000 n rLlr M.Al ^^RAIN I TT \Inl/r\An rn I nnnr • • _ TRANA-Il oc moo= o 0 r--+qqq� t� Ucn t�rnUt�Q,' t�GY1nQ M¢ i.1 (y p o ~ p ctl U 0 VV h CJ p O p t�U O r O p rU O c� O❑ m O 79 G � p U �*-1 M U W �W U � V N o j? r+: l�a.l�¢'�r O TARANA-Al M N GENERAL COMMITTEE - NOVEMBER 15, 2005 � N N • • � p 0o t�Ucn t�r/]U�d t�0.1hq and m � � � N G U N U O ❑ 0 O sU] J �3opo04 ��. M � O 0 0 0 0 a Do U U Q r� d pd C �c/� r� � N N GENERAL COMMITTEE — NOVEMBER 15, 2005 oc O O y M b O j O ny O Urn C-: O Uc-:� t�P7 �nQ o � o o ovob �oP.n o^, 0 0 0 0 0 0 0 cn INC U W U o0 A0 aM ro v o , o00 4-1 w o w � 0 0 � N o ' 0 C'n �� o 0 m � n7 ti 0'S o'j o oc V J a 0 0 o O M v C O N w d' N w o � m N M ��o�o 0H o � a. 0 0 y* VV �' o0 GENERAL COMMITTEE - NOVEMBER 15, 2005 CIA � M O • N M x • a • q 0 z w 0 pu 0 00 >.0 a�u�aq N N Q p o o ? o '5 Urn l�vUcM�'d o� u U.� v 10 M o o uh m a 0 w N A N a oz� 0 0 0 0 0 0 �-1 0 0 o 0 r GIN RAL COMMITTEE — N N o� s � 01 NU M o 00 o 0 o 00 g 0 m 0 cl M O o P4 a 00o N oro �a U N N 00 a 0 0 AN T �D# iM O N M 0 a o� o� �a �a M O p O r� W V I M O l\ N r--� M GENERAL COMMITTEE - NOVEMBER 15, 2005 'TOWN OF AURORA General Committee REPORT SUBJECT: Hydro Reserve Fund Investments FROM: L. John Gutteridge, Director of Finance/Treasurer DATE: November 15, 2005 RECOMMENDATIONS THAT the report be receive for information. BACKGROUND �I No. TR05-033 At the November 8, 2005 Council Meeting, I was requested to bring back a report on the investment of Hydro Reserve Fund monies. I advised Council that the funds were invested in accordance with the Town of Aurora's Investment Policy. For the information of Council, I have attached with this,report, a copy of Town of Aurora Policy Number 61. In addition to the Investment Policy, I have also attached Ontario Regulation 399/02 which outlines what investments an Ontario municipality may invest in. COMMENTS During the discussion at Council, there were a number of suggestions that the municipality should be looking at an Investment Advisor to invest our funds. I would like to point out to Council, that municipal funds are not like ones personal funds, and that we are regulated in what investment we may invest. The purpose for this regulation is to limit the risk of taxpayer's money. It is possible for the municipality to appoint an Investment Advisor but, it is not the norm to appoint a specific Advisor. It is pretty standard in municipal work for the Treasurer to manage the investments of the municipality. The basic reason forthis, the Treasurer is the person most familiar with the municipalities' cash flow and, as a result, is most aware as to when funds need to be invested and the term in which the funds can be invested. Once these two elements are determined the remainder is dictated by the municipality's investment policy. In fact, our policy delegates this authority to the Director of Finance/Treasurer. —79— GENERAL COMMITTEE — NOVEMBER 15, 2005 November 15, 2005 -2- Report No. TR05-033 A second concern is our ability to obtain the best return for the municipality. This is best accomplished by competitive quotes from the investment department of the major banks or local brokers. As for investment advice, once you make contact with a money market Trader, there is no shortage of information or opportunities being presented to us. In addition, municipalities also have the opportunity to invest with the ONE Fund. This is a fund established by the Association of Municipalities of Ontario. The principal of the fund is to pool municipal money togetherto obtain better rates, than the municipality can obtain on their own. One of the benefits of the fund is, it can offer our municipality access to investments that we cannot access ourselves unless, our municipality gets Bond rated. OPTIONS Our municipality can appoint an investment advisor to work with the Treasurer on managing municipal investments. This will have a cost, and what Council has to look at is, what is the lost opportunity cost by not having an advisor and, will the cost of an advisor exceed the benefit? As I indicated earlier, we have access to the money market department of all the major banks and the ONE fund. We believe, this will provide us with competitive rates. FINANCIAL IMPLICATIONS The following are the investment terms and return for the Hydro Money we invested. The amount is greater than the hydro proceeds, as we included some surplus municipal funds as well. Instrument Maturity Principal Return Interest TD Bank BA Feb 2, 2006 $9,921,800.00 $78,200.00 3.16% Gov Canada TB May 4, 2006 $9,837,200.00 $162,800.00 3.32% CIBC BA Jun 6, 2006 $9,795,610.00 $204,390.00 3.40% Gov Canada TB Nov 2, 2006 $9,660,840.00 $339,160.00 3.53% $39,215,450.00 $784,550.00 CONCLUSIONS For better rates of return on the Hydro Funds, it is important for Council to decide on what they want to do with these funds. At the present time, we cannot take the investment out longer than a year, as council may wish to spend this money during the year and any investment made longerthan one year, would have to be pre -cashed which, in all likelihood, would result in a loss. Furtherwe believe that you have adopTed an investment policy that allows yourTreasurerto maximize your investments and protect the interest of the taxpayers. M GENERAL COMMITTEE - NOVEMBER 15, 2005 November 15, 2005 - 3 - Report No. TR05-033 LINK TO STRATEGIC PLAN 1. Maintaining a well managed and fiscally responsible municipality. 2. Promoting open, accountable, transparent and accessible municipal government. ATTACHMENTS Town of Aurora Policy Number 61 Ontario Regulation 438/97 PRE -SUBMISSION REVIEW Prepared by.. Jdohn Gutteridge ext 4111 L. Johh-C76tteridge Director of Finance/Treasurer I= GENERAL COMMITTEE - NOVEMBER 15, 2005 Town of Aurora Administration Procedure No. 61 Subject: Investment Policy Effective: Authority: Council Revised: TABLE OF CONTENTS ATTACHMENT-1 No. 61 Page 1 of 11 June 25, 2003 Section I - Scope and Objectives Page 2 Section II - Standard of Care Page 4 Section III - Eligible Investments and Parameters Page 5 Section IV - Reporting Requirements Page 6 Section V - Safekeeping and Custody Page 7 Section VI - Responsibilities Page 7 Section VII - Eligible Investments and Sector Limitations Page 8 Section VIII - Portfolio Term Limitations Page 9 Section IX - Definitions Page 10 E GENERAL COMMITTEE - NOVEMBER 15, 2005 No. 61 Page 2 of 11 �� n J(nvestment,Polrcy aUgdate„ Efective, ° r Juriei'25, 2pb3 Section I - Scone and Objectives THAT the Town's Investment Policy be adopted as follows: Scope: This policy constitutes the Town's policy governing the effective and efficient management of surplus and idle cash resources within the general, capital, reserve and reserve funds. Objectives: The policy establishes the following as its core objectives: ➢ Adherence to statutory requirements for eligible investments; ➢ Preservation and security of capital; ➢ Maintenance of necessary liquidity; and ➢ Realizing a competitive rate of return. Adherence to Statutory Requirements This policy applies to the management of all monies of the Operating Fund, Capital Fund, Reserve and Reserve Funds. Section 418 of the Municipal Act, 2001 (as amended) governs investments made by municipalities as prescribed in Ontario Regulation 438/97 as amended by Ontario Regulation 265/02. In exercising the statutory responsibility of a Municipal Treasurer, the Director of Finance/Treasurer for the Town of Aurora is responsible for the administration of this policy in compliance with the requirements prescribed in the Municipal Act, 2001 as amended from time to time. Preservation and Security of Capital The Town's investment policy is directed toward the preservation and security of capital identified for specific future uses and purposes such as (but not limited to) levy requisitions of the Regional Municipality of York, the Boards of Education and the Town's own requirements. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital within the overall investment portfolio. Credit and interest rate risks are to be mitigated as follows: Credit Risk: Limiting investments to guaranteed securities; Pre -qualifying the financial institutions, brokers/dealers, intermediaries and advisers with whom the Town completes transactions for eligible investments subject to approval by the Director of Finance; 2101 GENERAL COMMITTEE — NOVEMBER 15, 2005 No. 61 Page 3 of 11 Section I - Scope and Objectives (Con't) Credit Risk (Con't): ➢ Diversifying the investment portfolio so to manage risk of poor performance on individual securities or overall economic conditions. Interest Rate Risk: ➢ Structuring the investment portfolio so the securities mature to meet on -going cash flow requirements, thereby reducing the need to sell securities on the open market prior to maturity; ➢ Investing operating funds primarily in shorter -term securities; and ➢ Diversifying longer --term holdings to match term exposure to requirements of underlying reserve funds and to mitigate effects of interest rate volatility. Maintenance of Necessary Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating and cash flow requirements. This shall be done where possible by structuring the portfolio such that securities mature concurrent with anticipated cash flow demands. Furthermore, since all possible cash demands cannot be anticipated, the portfolio shall consist largely of securities with active secondary or resale markets. Realizing Competitive Rate of Return Without compromising other objectives, the Town shall maximize the rate of return earned on its portfolio by implementing a sound investment strategy as part of its investment program. Trends in economic variables will be monitored including interest rates and inflationary pressures. Diversification, as well as ensuring safety of principal by limiting exposure to credit, sector or term risks, also provides opportunities to enhance investment returns of the Town's portfolio by means of prudent and timely adjustments to the asset mix. Irm GENERAL COMMITTEE — NOVEMBER 15, 2005 No. 61 Page 4 of 11 Section II - Standard of Care Prudent Investment Principles Investments shall be made in accordance with the policy, tinder the prevailing circumstances. Consideration of the probable safety of principal, as well as income to be derived, should be of utmost importance. Town staff, acting in accordance with this policy and other corporate policies & procedures and having exercised due diligence, shall be relieved of personal responsibility for any individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely manner and the liquidation or sale of such securities are carried out in accordance with the terms of this policy. Ethics and Conflicts of Interest Employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the Town's investment program, or that could impair their ability to make impartial investment decisions. Employees involved in investment procedures shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the Town's investment portfolio. Town employees and financial institution officers shall not undertake personal investment transactions with the same individual with whom business is conducted on behalf of the Town. Delegation of Authority The Director of Finance/Treasurer has overall responsibility for establishing and implementing a prudent investment strategy for the Town's portfolio in a manner consistent with this policy. The Director of Finance/Treasurer shall be responsible for all transactions undertaken, and shall exercise control over any staff delegated to implement the investment program. Competitive Selection of Investment Instruments All security purchase/sale transactions will be completed through a competitive process and with financial institutions approved by the Director of Finance/Treasurer. The Town will accept an offer to purchase, which (a) has the highest rate of return for the investment term required; and (b) optimises the investment objectives of the overall portfolio. When selling a security, the Town will select the bid that generates the highest sale price. It will be the responsibility of the Director of Finance/Treasurer to produce and retain written records of each transaction, including the names of financial institutions solicited, rate quoted, description of the security, investment selected, and any special considerations that had an impact on the final decision. IBM GENERAL COMMITTEE — NOVEMBER.15, 2005 No. 61 Page 5 of 11 Section III - Eligible Investments and Parameters Eligible Investments The following are eligible investments: ➢ Bonds, debentures, or other evidences of indebtedness of or guaranteed by the Government of Canada, the Province of Ontario, or another province of Canada; ➢ Bonds, debentures, term deposits, deposit receipts, deposit notes, certificates of instruments issued, accepted, guaranteed or endorsed by any bank in Schedule I or II to the Bank Act (Canada) or by credit unions and trust companies as defined in the Credit Unions and Caisses Populaires Act; and ➢ Bonds, debentures or promissory notes of a metropolitan, regional or district municipality, a school board, or a local board as defined in the Municipal Act. All eligible investments must meet or exceed the minimum credit rating as defined in Section VII of this policy and are to be used in conjunction with the sector limitations noted in the below under the reference Investment Parameters. Investment Parameters The investment parameters shall be achieved through diversification by: ➢ Limiting investments to avoid over -concentration in securities of a specific type, from a specific issuer or sector (excluding Government of Canada instruments); ➢ Limiting investments in securities to those that have higher credit ratings; ➢ Investing in securities with varying maturities; and ➢ Investing in mainly liquid, marketable securities, which have an active secondary market, to ensure that appropriate liquidity is maintained in order to meet on -going cash flow requirements. In order to promote diversification in the Town's portfolio holdings, percentage weightings for sector and security type shall be established and maintained (See Section VII). To the extent possible, the Town shall match its term structure with anticipated cash flow requirements. Unless matched to specific cash'flow requirements, the Town will not directly invest in securities maturing more than ten (10) years from the date of purchase. Reserve Funds and other longer -term investment horizons may be invested in securities exceeding the ten (10) years if the maturity of such investments are made to coincide, as near as possible, with the expected use of such funds. The final column of Section VII sets out the maximum term in order to ensure liquidity requirements are maintained. sm GENERAL COMMITTEE — NOVEMBER 15, 2005 No. 61 Page 6 of 11 Section IV - Reporting Requirements Reports to Council The Director of Finance/Treasurer shall provide an investment report to Council annually. The report will include the following: ➢ Listing of individual securities held at the end of the preceding fiscal year; ➢ Realized and unrealized gains or losses resulting from appreciation or depreciation by listing the cost and market value of securities over the one-year duration; ➢ Percentage of total portfolio which each type of investment represents; ➢ Summary statement about the performance of the investment portfolio during the period covered by the report; ➢ An estimated ratio of the total long-term and short-term securities compared to the total investments and a description of the change, if any, in that estimated proportion since the last year's report; ➢ A statement (opinion) by the Director of Finance/Treasurer as to whether or not all investments were made in accordance with the investment policies and objectives adopted by the Town and in compliance with the Municipal Act; and ➢ Such other information that Council may require or that, in the opinion of the Director of Finance/Treasurer, should be included. Performance Benchmarks The investment portfolio will be managed in accordance with the parameters specified within this policy. Short-term funds will be compared to the return on the Scotia McLeod's Capital 30 day Treasury Bill Index and the 91 day Treasury Bill Index as well as the ONE Funds Money Market Fund. Long-term funds will be compared to the Scotia McLeod's Capital — All Government — Bond Index and the ONE Funds Bond Fund. GENERAL COMMITTEE — NOVEMBER 15, 2005 No. 61 Page 7 of 11 Section V - Safekeeping and Custody The custody and safekeeping of the Town's investments is held off site with the broker from whom the investment was purchased. All securities shall be held in the name of the Corporation of the Town of Aurora. The brokerage organization shall issue a confirmation receipt to the Town listing specific investment instrument details, rate, maturity and other pertinent information. On a monthly (or quarterly basis depending on the broker) the broker will also provide reports which list all securities held for the Town, the book value of the holdings and the market value of the holdings as of the month (period) end date. Section VI - Responsibilities The responsibilities of the Director of Finance/Treasurer are as follows: ➢ Enters into arrangements with banks, investments dealers, brokers and other financial institutions for the purchase, sale, redemption, issuance, transfer and safekeeping of securities; . Executes and signs documents on behalf of the Corporation of the Town of Aurora and performs all other related acts in the day-to-day operation of the investment and cash management program; ➢ Develops and maintains all necessary operating procedures for the effective control and management of the investment function and reasonable assurance that the Corporation's investments are properly managed and adequately protected; and ➢ Ensures that adequate insurance coverage to guard against any losses that may occur due to misappropriation, theft, or other acts of fraud with respect to the Corporation's financial assets. sm GENERAL COMMITTEE — NOVEMBER 15, 2005 No. 61 Page 8 of 11 Section VII - Elilzible Investments and Sector Limitations Minimum Credit Rating DBRS)' Money Market Rating Investment Type / Sector Exposure Limitation 2 (maximum) Sector Term Limitation (maximum) Federal (Canada) AAA R-1 high 100 % 20 years Provincial AA R-1 mid 80 % 20 years A R-1 mid 20 % 10 years BBB R-1 mid 10 % 5 years Provincial Total Maximum = 80% of portfolio Municipal Regional or Other Municipalities AA or A 40 % 10 years Banks Schedule I Banks R-1 mid/low 75 % 5 years Schedule II Banks, Credit Unions and Trust Companies R-1 mid. 15 % 6 months Bank Total Maximum = 75% of portfolio 1. DBRS = Dominion Bond Rating Service 2. Exposure % limitations to be applied to the par value of the total portfolio 3. Includes Federal Government Guarantees 4. Includes Provincial Government Guarantees GENERAL COMMITTEE - NOVEMBER 15, 2005 No. 61 Page 9 of 11 Section VI11 - Portfolio Term Limitations ;`Term 7� Imitations Percentage of Portfolio by Term (maximum) Less than 90 days 100 % Less than 1 year 100 % From 1 year up to, but not including 5 years 70 From 5 years up to, but not including 10 years 70 % From 10 years up to 20 years 50 % Over 20 years 10 % .m GENERAL COMMITTEE — NOVEMBER 15, 2005 No. 61 Page 10 of 11 Section IX - Definitions Money Market Ratings Rating Definition R-1 (high) Short-term debt rated R-1 (high) is of the highest quality, and indicates .an entity that possesses unquestioned ability to repay current liabilities as they fall due. Entities rated in this category normally maintain strong liquidity positions, conservative debt levels and profitability which is both stable and above average. R-1 (mid) Debt rated R-1 (mid) is of superior credit quality and in most cases, ratings in this category differ from R-1 (high) credits to only a small degree. R-1 (low) High quality debt with a strong degree of safety regarding timely repayment of financial obligations. Dominion Bond Rating Service (DBRS) — Investment Grade Obligations Rating Definition AAA Highest rating possible where the capacity to pay interest and repay principal is extremely strong. AA Has a very strong capacity to pay interest and repay principal and differs from AAA to a small degree. A Has a very strong capacity to pay interest and repay principal, but more susceptible to adverse developments than the higher rated categories. BBB Average to adequate capacity to pay interest and repay principal. Current levels of protection are adequate but adverse economic conditions are more likely to lead to a weakening capacity to fulfil financial obligations. —91— GENERAL COMMITTEE — NOVEMBER 15, 2005 No. 61 Page 11 of 11 Section IX - Definitions (Con't) Other Definitions: Credit Risk: the risk to an investor that an issuer will default in its obligation to pay interest and/or principal on a security. Diversification: the process of investing assets among a range of security types, across business sectors, with varying term and quality of credit rating. Duration: a measure of the timing of cash flows, such as the interest payment and principal repayment dates, to be received from a fixed -income investment instrument. The calculation is based on three variables: term to maturity, coupon rate and yield to maturity. The duration of an investment instrument is a useful indicator of its price volatility in relation to fluctuations in interest rates. Interest Rate Risk: the risk associated with declines or rises in interest rates, which result in the fixed -income investment instrument to increase or decrease in value. Investment -grade Obligations: an investment instrument suitable for purchase by institutional investors under the prudent person rule. Investment -grade is restricted to those obligations rated BBB or higher by a recognized rating agency. Liquidity: a measure of an asset's convertibility to cash. Market Risk: the risk that the value of a security will rise or decline as a result of changes in capital market conditions. Market Value: current market price of a security. Maturity: the date on which payment of a financial obligation is due and payable. The final stated maturity date is the date on which the issuer must retire a bond and pay the face value to the bondholder. Safekeeping: the role of holding assets (e.g. securities) by a financial institution on behalf of the investor. —92— GENERAL COMMITTEE — NOVEMBER 15, 2005 ATTACHMENT - 2 Municipal Act, 2001 Loi de 2001 sur les municipalites ONTARIO REGULATION 438197 Amended to O. Reg. 399102 ELIGIBLE INVESTMENTS This Regulation is made in English only. 1. A municipality does not have the power to invest under section 418 of the Act in a security other than a security prescribed under this Regulation. O. Reg. 438/97, s. 1; O. Reg. 399/02, s. 1. 2. The following are prescribed, for the purposes of subsection 418 (1) of the Act, as securities that a municipality may invest in: 1. Bonds, debentures, promissory notes or other evidence of indebtedness issued or guaranteed by, i. Canada or a province or territory of Canada, ii. an agency of Canada or a province or territory of Canada, iii. a country other than Canada, iv. a municipality in Canada including the municipality making the investment, v. a school board or similar entity in Canada, vi. a local board as defined in the Municipal Affairs Act (but not including a school board or a municipality) or a conservation authority established under the Conservation Authorities Act, or vii, the Municipal Finance Authority of British Columbia. 2. Bonds, debentures, promissory notes or other evidence of indebtedness of a corporation if, —93— GENERAL COMMITTEE - NOVEMBER 15, 2005 i. the bond, debenture or other evidence of indebtedness is secured by the assignment, to a trustee, as defined in the Trustee Act, of payments that Canada or a province or territory of Canada has agreed to make or is required to make under a federal, provincial or territorial statute, and ii. the payments referred to in subparagraph i are sufficient to meet the amounts payable under the bond, debenture or other evidence of indebtedness, including the amounts payable at maturity. 3. Deposit receipts, deposit notes, certificates of deposit or investment, acceptances or similar instruments issued, guaranteed or endorsed by, i. a bank listed in Schedule I or II to the Bank Act (Canada), ii. a loan corporation or trust corporation registered under the Loan and Trust Corporation Act, iii. a credit union or league to which the Credit Unions and Caisses Populaires Act, 1994 applies, or iv. the Province of Ontario Savings Office 4. Bonds, debentures or evidence of long-term indebtedness issued or guaranteed by an institution listed in paragraph 3. 5. Short term securities, the terms of which provide that the principal and interest shall be fully repaid no later than three days after the day the investment was made, that are issued by, I. the board of governors of a college of applied arts and technology established under section 5 of the Ministry of Training, Colleges and Universities Act, GENERAL COMMITTEE — NOVEMBER 15, 2005 ii. a degree granting institution as authorized under section 3 of the Post -secondary Education Choice and Excellence Act, 2000, or iii. a board as defined in the Public Hospitals Act. 6. Bonds, debentures or other securities issued or guaranteed by the International Bank for Reconstruction and Development. 7. Asset -backed securities, as defined in subsection 50 (1) of Regulation 733 of the Revised Regulations of Ontario, 1990 made under the Loan and Trust Corporations Act. 8. Negotiable promissory notes or commercial paper, . other than asset -backed securities, maturing one year or less from the date of issue, if that note or commercial paper has been issued by a corporation that is incorporated under the laws of Canada or a province of Canada. 9. Bonds, debentures, promissory notes and other evidences of indebtedness of a corporation incorporated under section 142 of the Electricity Act, 1998. 0. Reg. 438/97, s. 2; 0. Reg. 265/02, s. 1; 0. Reg. 399102, s. 2. 3. (1) A municipality shall not invest in a security under subparagraph iii of paragraph 1 or paragraph 4 of section 2 unless the bond, debenture, promissory note or evidence of indebtedness is rated, (a) Revoked: 0. Reg. 265/02, s. 2 (1). (b) by Dominion Bond Rating Service Limited as "AA(low)" or higher; (c) by Moody's Investors Services Inc. as "Aa3" or higher; or (d) by Standard and Poor's as "AA-" or higher. 0. Reg. 438/97, s. 3 (1); 0. Reg. 265/02, s. 2 (1); 0. Reg. 399/02, s. 3 (1). (2) If an investment made under subparagraph iii of paragraph 1 or paragraph 4 of section 2 falls below the standard required under —95— GENERAL COMMITTEE — NOVEMBER 15, 2005 subsection (1), the municipality shall sell the investment within 90 days after the day the investment falls below the standard. O. Reg. 438/97, s. 3 (2). (3) A municipality shall not invest in an asset -backed security under paragraph 7 of section 2 that matures more than one year from the date of issue unless the security is rated, (a) by Dominion Bond Rating Service Limited as "AAA"; (b) by Moody's Investors Services Inc. as "Aaa"; or (c) by Standard and Poor's as "AAA". O. Reg. 265/02, s. 2 (2); O. Reg. 399/02, s. 3 (2). (4) A municipality shall not invest in an asset -backed security under paragraph 7 of section 2 that matures one year or less from the date of issue unless the security is rated, (a) by Dominion Bond Rating Service Limited as "R- 1(high)"; (b) by Moody's Investors Services Inc. as "Prime-1'; or (c) by Standard and Poor's as "A-1+". O. Reg. 265/02, s. 2 (2); O. Reg. 399/02, s. 3 (3). (5) A municipality shall not invest in a security under paragraph 8 of section 2 unless the promissory note or commercial paper is rated, (a) by Dominion Bond Rating Service Limited as "R- 1(mid)" or higher; (b) by Moody's Investors Services Inc. as "Prime-1"; or (c) by Standard and Poor's as "A-1+". O. Reg. 265/02, s. 2 (2); O. Reg. 399/02, s. 3 (4). (6) If an investment made under paragraph 7 or 8 of section 2 falls below the standard required under subsection (3), (4) or (5), as the case may be, the municipality shall sell the investment within 30 days after the day the investment falls below the standard. O. Reg. 265/02, s. 2 (2). Im GENERAL COMMITTEE _ NOVEMBER 15, 2005 (7) A municipality shall not invest in a security under paragraph 9 of section 2 unless, at the time the investment is made and as long as it continues, the investment ranks, at a minimum, concurrently and equally in respect of payment of principal and interest with all unsecured debt of the corporation. O. Reg. 265/02, s. 2 (2). (8) A municipality shall not invest in a security under paragraph 9 of section 2 unless, at the time the investment is made, the total amount of the municipality's investment in debt of any corporation incorporated under section 142 of the Electricity Act, 1998 that would result after the proposed investment is made does not exceed the total amount of investment in debt, including any interest accrued on such debt, of the municipality in such a corporation that existed on the day before the day the proposed investment is to be made. O. Reg. 265/02, s. 2 (2). (9) Any investment made under paragraph 9 of section 2, including any refinancing, renewal or replacement thereof, may not be held for longer than a total of 10 years from the date such investment is made. O. Reg. 265/02, s. 2 (2). 4. (1) A municipality shall not invest more then 25 per cent of the total amount in all sinking and retirement funds in respect of debentures of the municipality, as estimated by its treasurer on the date of the investment, in short-term debt issued or guaranteed by the municipality. O. Reg. 438/97, s. 4 (1). (2) In this section, "short-term debt" means any debt, the terms of which provide that the principal and interest of the debt shall be fully repaid no later than 364 days after the debt is incurred. O. Reg. 438/97, s.4(2). 4.1 (1) A municipality shall not invest in a security under paragraph 7 of section 2 or in a promissory note or commercial paper under paragraph 8 of section 2 unless, on the date that the investment is made, (a) all of the municipality's long-term debt obligations are rated, (i) by Dominion Bond Rating Service Limited as "AA(low)" or higher, —97— GENERAL COMMITTEE — NOVEMBER 15, 2005 (ii) by Moody's Investors Services Inc. as "Aa3" or higher, or (iii) by Standard and Poor's as "AA-" or higher; or (b) the municipality has entered into an agreement with the Local Authority Services Limited and the CHUMS Financing Corporation to act together as the municipality's agent for the investment in that security, promissory note or commercial paper. O. Reg. 265102, s. 3; O. Reg. 399/02, s. 4. (2) The investment under clause (b) must be made in the public sector group of funds of the Local Authority Services Limited and the CHUMS Financing Corporation with, (a) another municipality; (b) a public hospital; (c) a university in Ontario that is authorized to operate under section 3 of the Post -secondary Education Choice and Excellence Act, 2000; (d) a college established under section 5 of the Ministry of Training, Colleges and Universities Act; (e) a school board; or (f) any agent of an institution listed in clauses (a) to (d). O. Reg. 265/02, s. 3. 5. A municipality shall not invest in a security issued or guaranteed by a school board or similar entity unless, (a) the money raised by issuing the security is to be used for school purposes; and (b) Revoked: O. Reg. 248/01, s. 1. O. Reg.438/97, s. 5; O. Reg. 248101, s. 1. 6. (1) A municipality shall not invest in a security that is expressed or payable in any currency other than Canadian dollars. O. Reg. 438/97, s. 6 (1). GENERAL COMMITTEE — NOVEMBER 15, 2005 (2) Subsection (1) does not prevent a municipality from continuing an investment, made before this Regulation comes into force, that is expressed and payable in the currency of the United States of America or the United Kingdom, O. Reg. 438/97, s. 6 (2). 7. (1) Before a municipality invests in a security prescribed under this Regulation, the council of the municipality shall, if it has not already done so, adopt a statement of the municipality's investment policies and goals. O. Reg. 438/97, s. 7. (2) In preparing the statement of the municipality's investment policies and goals under subsection (1), the council of the municipality shall consider, (a) the municipality's risk tolerance and the preservation of its capital; (b) the municipality's need for a diversified portfolio of investments; and (c) obtaining legal advice and financial advice with respect to the proposed investments. O. Reg. 266/02, s. 4. (3) Before a municipality makes an investment under clause 4.1 (1) (b), the municipality shall require a statement from the treasurer as to whether, in his or her opinion, the investment guidelines of the Local Authority Services Limited and the CHUMS Financing Corporation comply with the statement of the municipality's investment policies and goals under this section. O. Reg. 265102, s. 4. (4) In preparing the statement of the municipality's investment policies and goals under subsection (1) for investments made under paragraph 9 of section 2, the council of the municipality shall consider its plans for the investment and how the proposed investment would affect the interest of municipal taxpayers. O. Reg. 265/02, s. 4. 8. (1) If a municipality has an investment in a security prescribed under this Regulation, the council of the municipality shall require the treasurer of the municipality to prepare and provide to the council, each year or more frequently as specified by the council, an investment report. O. Reg. 438/97, s. 8 (1). GENERAL COMMITTEE — NOVEMBER 15, 2005 (2) The investment report referred to in subsection (1) shall contain, (a) a statement about the performance of the portfolio of investments of the municipality during the period covered by the report; (b) a description of the estimated proportion of the total investments of a municipality that are invested in its own long-term and short-term securities to the total investment of the municipality and a description of the change, if any, in that estimated proportion since the previous year's report; (c) a statement by the treasurer as to whether or not, in his or her opinion, all investments were made in accordance with the investment policies and goals adopted by the municipality; (d) a record of the date of each transaction in or disposal of its own securities, including a statement of the purchase and sale price of each security; and (e) such other information that the council may require or that, in the opinion of the treasurer, should be included. O. Reg. 438/97, s. 8 (2). (3) Upon disposition of any investment made under paragraph 9 of section 2, the council of the municipality shall require the treasurer of the municipality to prepare and provide to the council a report detailing the proposed use of funds realized in the disposition. O. Reg. 265/02, s. 5. 9. (1) Despite this Regulation, an investment by a municipality in bonds, debentures or other indebtedness of a corporation made before March 6, 1997 may be continued if the bond, debenture or other indebtedness is rated, (a) Revoked: O. Reg. 265/02, s. 6. (b) by Dominion Bond Rating Service Limited as "AA(low)"or higher; (c) by Moody's Investors Services Inc. as "Aa3" or higher; or —100— GENERAL COMMITTEE — NOVEMBER 15, 2005 (d) by Standard and Poor's as "AA-" or higher. O. Reg. 438/97, s. 9 (1); O. Reg. 265/02, s. 6; O. Reg. 399/02, s. 5. (2) If the rating of an investment continued under subsection (1) falls below the standard required by that subsection, the municipality shall sell the investment within 90 days after the day the investment falls below the standard. O. Reg. 438/97, s. 9 (2). —101— GENERAL COMMITTEE - NOVEMBER 15, 2005 I -. TOWN OF ®yis AURORA Ile AGE�N[D)A ITEM • GENERAL COMMITTEE REPORT No. PW05-029 SUBJECT: Approval to Execute a Preservicing Agreement— Phase 2 Spring Farm Residential Subdivision (D12-01-5A) FROM: W. H. Jackson, Director of Public Works DATE: November 15, 2005 RECOMMENDATIONS THAT Council authorize the Mayor and Clerk to execute an agreement between the Town ofAurora and Minto Homes Corporation to permit the servicing of the Phase 2 lands in Spring Farm Residential Subdivision (D12-01-04) subject to the following conditions: (a) Issuance of the necessary Certificates of Approval from the Ministry of the Environment and Lake Simcoe Region Conservation Authority for all the underground services; (b) Signing of the engineering plans for the construction of the municipal services; (c) Receipt of proof of insurance indemnifying the Town in an amount of $10,000,000; and (d) Receipt of engineering fees and securities in accordance with the standard procedures for subdivision developments in the amounts specified. BACKGROUND The owner of the subject lands has applied to the Director of Public Works (see Appendix "B") for a Preservicing Agreement (see Appendix "C") so that construction of municipal services for this phase of the subdivision can proceed. The underground servicing plans and specifications have been reviewed and are generally acceptable to the Director of Public Works. A few issues remain to be resolved with regard to the engineering plans and these are expected to be finalized shortly. On one particular issue, staff have been working with the applicant over the last several months to ensure that the development does not encroach into or adversely affect the buffer along the east limit of the development. One result of this work is that there will be retaining walls ranging from O.Om up to 6.2m high along approximately 38% of the eastern perimeter of the development. —102— GENERAL COMMITTEE — NOVEMBER 15, 2005 November 15, 2005 - 2 - Report No. PW05-029 COMMENTS It has been the practice of the Town to allow servicing to proceed in other subdivision developments in this manner and it is suggested that it is appropriate to do so in this case for the Phase 2 lands. It is understood that all arrangements have been made by the current owner of these lands to complete all works satisfactorily to permit the timely completion of development of this area. Appropriate securities (50%) and insurance will be provided at this time in accordance with current Town preservicing practices. A clause has been included in the Agreement prohibiting the sale of any units until Council has granted allocation to the development. Council has not yet granted allocation to the second phases of the various subdivisions that are underway in the 213 area, although Council has reserved a certain number of units of allocation for this development area. It is expected that the issue of granting allocation to the various specific developments will be dealt with over the course of the next few months. In the meantime, the developer wishes to proceed to commence the construction of the underground services in this phase of the development. It is understood that work done under this preservicing agreement is entirely at the land owners risk and that executing the agreement in no way commits the Town to granting allocation service to this development. OPTIONS Council may decide to not grant approval at this time, and wait until the Subdivision Agreement is completely executed. FINANCIAL IMPLICATIONS Town engineering fees in the amount of 4% of the total servicing costs will be received from the Developer. The development will be assumed by the Town at some point in the future. Normal operational and maintenance costs will be incurred after that time. CONCLUSIONS The reason for Preservicing Agreements is to allow Developers to get a head start on the construction of services within their projects. The Developers must still fulfil their mandates as required by the Subdivision Agreement that includes the provision of servicing securities in an amount of 50% of the estimated costs. —103— GENERAL COMMITTEE — NOVEMBER 15, 2005 November 15, 2005 - 3 - Report No. PW05-029 LINK TO STRATEGIC PLAN One of the objectives under "Goal E - Promoting Accessible Municipal Government" is to "maintain Aurora's high standards and integrity". Staff has ensured that the specifications for the construction of the municipal services are in accordance with currently accepted standards. ATTACHMENTS Appendix "A" — Key Map showing location of the Minto Homes Subdivision Appendix "B" - Letter from Mr. V. Santino, Minto Communities (Toronto) Inc. dated November 7, 2005 Appendix "C" - Preservicing Agreement PRE -SUBMISSION REVIEW Management Team Meeting — November 9, 2005 Prepared by: Isabelle Dufresne, Municipal Engineer, Extension 4378 W. H. Jaekko bri Director of Public Works —104— GENERAL COMMITTEE - NOVEMBER 15, 2005 APPENDIX A KEY MAP SHOWING MINTO (SPRING FARM) SUBDIVISION PUBLIC WORKS DEPARTMENT -1 05- NOVEMBER 2005 av-f94YgRA6 CQW iTiTTWE rowNQYIRMR 15, 20M7094273 T-331 P.02/02 F-758 APPENDIX "B" 7 November 2005 Town of Aurora 1 Municipal Drive Box Na. 1000, Aurora, Ontario LAG-6] 1 Attention: Mr, David Atkins Re; pre -servicing Agreeanent - Minto Draft flan of Subdivision part of Lot 23, Concession 2 EYS File No.: 19,rA-01004 Tovvn File No.: D12-01-4A Dear Mr. Atkins: Cf ests to enter into a'Pyc- At this time Me� e thewit, l awn ofieS1Aurora for he abovet"o) Inc. formally unoted Plan Prepa ed by Servicing Agr Malone Given Parevised .t my ber20 5001, revised February 22, 2002 and furthex amended and approved Please note that this request pertains to the second phase of the Draft Flan of subdivis on as delineated inthe second by Stantee Consulting Ltd. and revgsion detailed iewed by thetllown'stengiuceTling 2005) prepared by department. stions/concerns please contact 1ne at your earliest convenience, if you have any que Yours truly, MINTO VI"TIES (YOi2ONTO) INC. Vince Santino /vs cc Stuart Flliott, Stantec Consulting Ltd. 1595 16th Avenue, Suite 101, Richmond Nitl, Ontaria1 063N9 TeU (905) 709-6158 Fax: (905) 709.4273 www.mintoxcuy GENERAL COMMITTEE - NOVEMBER 15, 2005 APPENDIX "C" THIS AGREEMENT made this 22nd day of November, 2005 BETWEEN -and- THE CORPORATION OF THE TOWN OF AURORA hereinafter referred to as the "Town" PARTY OF THE FIRST PART MINTO COMMUNITIES (TORONTO) INC. hereinafter referred to as the "Owner" PARTY OF THE SECOND PART WHEREAS the Owner is the owner of certain lands and premises (the "Property") described on Schedule "A" hereto; AND WHEREAS the Property has been the subject of Draft Plan of Subdivision approval dated May 25, 2002 in relation to File No. D12-01-5A; AND WHEREAS the Owner intends to execute a subdivision agreement in relation to the Property with the Town as soon as possible. AND WHEREAS the Owner has received approval from the Town to install certain municipal services (the "Services") as described in Schedule "B" to this Agreement on the Property and, where applicable, on adjacent Town lands pursuant to the provisions of this Agreement; NOW THEREFORE this agreement witnesseth that in consideration of the payment of the sum of One Thousand Two Hundred Dollars ($1,200.00) by the Owner to the Town, the parties hereto agree as follows: Term 1.0 This Agreement shall remain in force and. effect until such time as all of the obligations herein have been fulfilled or this Agreement is incorporated into and subsumed or superceded by a subdivision agreement or other form of development agreement in relation to the Property. Installation of Services 2.0 The Owner shall be entitled to install the Services as described on Schedule "B" of this Agreement on the Property and, where applicable, on adjacent Town lands, pursuant to the provisions of this Agreement. 2.1 The Owner agrees to install the Services in accordance with the provisions of Schedule "B" and in accordance with the Town's specifications to the satisfaction of the Director of Public Works of the Town (the "Director"). Maintenance and Reuatr 3.0 The Owner agrees at its sole expense to maintain and repair the Services to the satisfaction of the Director during the term of this Agreement. -107- GENERAL COMMITTEE - NOVEMBER 15, 2005 Page 2 Securities 4.0 The Owner hereby agrees to deposit with the Town at the time of execution of this Agreement, in a formthat is satisfactory to the Town, security in the amount as set forth on Schedule "C" to this Agreement (the "Security") 4.1 The Owner agrees that such security constitutes an earnest to ensure performance of this Agreement in the event of breach of this Agreement by the Owner but provision of such security does not limit the Owner's liability should damages resulting from the Owner's breach exceed the value of the Security. 4.2 In the event that the Owner, in the opinion of the Director, breaches any provision of this Agreement, the Owner agrees that the Town, through its employees, agents or contractors, may in its sole discretion, draw upon and utilize the Security to perform any obligations of the Owner pursuant to this Agreement or to redress harm or damages that have or may occur from said breach or breaches, provided the Director has given the Owner notice of such breach and ten (10) calendar days have elapsed since such notice has been provided, without steps to redress the breach, satisfactory to the Director, having been taken by the Owner. 4.3 Use ofthe Securityby the Town shall not relieve the Owner of any of its obligations pursuant to this Agreement. - Fees 5.0 The Owner will pay to the Town at the time of execution of this Agreement an amount that is equal to 4% of the estimated costs of construction of the Services as determined to the satisfaction of the Director and as set forth on Schedule "B" to this Agreement in compensation for ensuring compliance with this Agreement. It is hereby agreed by the Owner that this fee is for the sole use of the Town and shall be fully earned on execution of this Agreement. Cessation of Work 6.0 The Owner agrees that it will proceed diligently with installation of the Services. Should the installation of Services be interrupted for a period in excess of six months; the Owner agrees, if so required by the Town, to restore, regrade, topsoil and seed the Property to the satisfaction of the Director or to take remedial. steps to the satisfaction of the Director to remove or to render safe the Services and the Property. Inspections and Right of Entry to Perform the. Obligation 7.0 The Town and its licensees, employees, agents and contractors, may at any time enter on any part of the Property to inspect the Property to ensure compliance with any of the tens of this Agreement. 7.1 The Town and its licensees, employees, agents and contractors, may at any time enter on any part of the Property to perform, at the Owner's expense using the security provided in this Agreement, any of the Owner's obligations pursuant to this Agreement. Comply With Applicable Legislation 8.0 The Owner agrees that it will comply with all applicable legislation in performance of the obligations contemplated in this Agreement. Without limiting the generality of the foregoing, the Owner agrees to comply with all Town By-laws, including the Topsoil Preservation Ty -law, and to obtain all approvals required of otherbodies having jurisdiction, including the Lake Sirocco Region Conservation Authority, the Ministry of Environment and Energy, the Ministry of Natural Resources and PowerStream Inc.. GENERAL COMMITTEE _ NOVEMBER 15, 2005 Page 3 Further Approvals 9.0 The Owner acknowledges that this Agreement does not predetermine, prejudice or constrain the Town's jurisdiction with respect to the approval, rejection, clearance, or imposition of conditions in relation to any development approvals that are now or that may in future be proposed for the Property, including the granting of water and sewer servicing allocation as approved by resolution of the Council of the Town. Without limiting the generality of the foregoing, this Agreement does not predetermine, prejudice or constrain the Town's jurisdiction with respect to the approval, rejection or imposition of conditions related to final approval of the draft Plan of subdivision in respect of the Property, including the granting of water and sewer servicing allocation as approved by resolution of the Council of the Town. Indemnification & Insurance 10.0 The Owner will always indemnify and save harmless the Town from and against all actions, suits, claims and demands which may be brought against or made upon the Town and from all loss, costs, charges and expenses which maybe incurred, sustained or paid by the Town in relation to the installation and maintenance of Services on the Property and the adjacent lands pursuant to this Agreement. 10.1 The Owner shall throughout the term of this Agreement provide and keep in force, for the benefit of the Town and the Owner, general liability insurance in an amount of not less than ten million ($10,000,000) dollars in respect of injury to or death of one or more persons or property damage. All insurance shall be effected with insurers and upon terms and conditions satisfactoryto the Town. The Owner shall promptly furnish to the Town copies of insurance policies and other evidence satisfactory to the Town as to such insurance and any renewals thereof. In the event that the Owner fails to insure as herein required or fails to promptly furnish to the Town satisfactory evidence of such insurance or of the renewal thereofprior to its expiration, the Town may, from time to time, effect such insurance forthe benefit of the Owner or the Town or both ofthem for a period not exceeding one (1) year and any premium paid by the Town shall be recoverable by the Town from the Owner forthwith. Liens 11.0 The Owner shall indemnify and hold the Town harmless from and against liability, claim, damages or expenses due to or arising from any claim made against the Property and adjacent Town lands where Services are installed therein pursuant to this Agreement for all liens related to all work done by or on behalf of the Owner and any such liability, claims, damages or expenses incurred by the Town shall be paid by the Owner to the Town forthwith upon demand; and the Owner shall cause all registration of claims for mechanics' liens and/or certificates of action under the Construction Lien Act and relating to any such work done by or on behalf of the Owner, to be discharged or vacated as the case maybe within three (3) months of such registration or within three (3) months after notice from the Town. Restriction— Water/Sewer Allocation 12.0 The Owner agrees to register a Section 118 Restrictive Covenant on title to the Property to the satisfaction of the Town Solicitor for the Town prior to execution of this Agreement by the Town. Said Restrictive Covenant shall restrict the sale of the separate Lots and Blocks within the plan of subdivision for the Property until the Council ofthe Town has approved by resolution, the granting of water and sewer servicing allocation for the Property. 12.1 Upon the granting of water and sewer servicing allocation for the Property, the Town agrees to provide the —Owner with a consent to the release of the said Restrictive Covenant. -109- GENERAL COMMITTEE.- NOVEMBER 15, 2005 Page 4 12.2 The Owner shall pay all costs associated with the registration and release of the Restrictive Covenant. Assignment 13.0 This Agreement shall not be assigned by the Owner or its assignees without an express written consent to assignment executed by both the Town and the assignee. 13.1 In the event that the Owner transfers, assigns or leases its interest in the Property or anypart thereof (excepting sales of individual lots or blocks sold to builders of residential units), the Owner shall forthwith notify the Director in writing of such transfer or assignment together with the names and addresses of the transferees or assignees. 13.2 In the event that the Owner enters into an agreement to sell the whole of the Property (excepting sales of individual lots or blocks sold to builders of residential units), notice shall be provided forthwith to the Town. Registration 14.0 This Agreement shall be enforceable by and against the parties herein, theirheirs, executors, administrators, successors, and assigns, and the Agreement and all the covenants by the Owner herein contained shall run with the Property for the benefit of the Town and the land or interest in land owned or to be owned by the Town upon the registration of a plan of subdivision in respect of the Property. 14.1 The Owner hereby agrees to register this Agreement in a form that is satisfactory to the Town in priority to all other encumbrances in the appropriate Registry office against the Property immediately upon execution of this Agreement. Notice 15.0 Any notice to be given pursuant to this Agreement shall, unless otherwise specified in this Agreement, be delivered or sent by registered letter or facsimile transmission to the Owner and the Town as follows: Owner: Minto Communities (Toronto) Inc. 275 Renfrew Drive Suite 103 Markham, Ontario UR OC8 Attention: Vince Santino, Project Manager Land Development Fax No.: 905-470-3180 Town: The Corporation of the Town of Aurora Box 1000 1 Municipal Drive Aurora, Ontario LAG 6J1 Attention: Town Clerk Fax N6- 905-841-3483 or to such other address as the Owner and the Town may respectively from time to time appoint in writing, and any such notice, if mailed, shall be conclusively deemed to be received by the other party three (3) business days after the date of the mailing thereof, postage prepaid or dated transmission of a facsimile. -110- GENERAL COMMITTEE - NOVEMBER 15, 2005 Page 5 No Waiver of Default 16.0 No condoning, excusing, overlooking or delay in acting upon by the Town of any default, breach or non -observance by the Owner at any time or times in respect of any covenant, provision or condition in this Agreement shall operate as a waiver of the Town's rights under this Agreement in respect of any such or continuing subsequent default, breach or non- observance and no waiver shall be inferred from or implied by anything done or omitted by the Town except an express waiver in writing. Entire Agreement 17.0 The Owner acknowledges that there are no covenants, representations, warranties, agreements or conditions, express or implied, collateral or otherwise, forming part of or in any way affecting or relating to this Agreement save as expressly set out or imported by reference in this Agreement and that this Agreement constitutes the entire Agreement duly executed by the Town and the Owner. Severability 18.0 If any clause or clauses or part or parts of clauses in this Agreement be illegal or unenforceable, they shall be considered separate and severable from the Agreement and the remaining provisions of the Agreement shall remain in full force and effect and shall be binding upon the patties hereto as though the said clause or clauses or part or parts of clauses had never been included. Interpretation 19.0 Whenever a word importing the singular number only is used in this Agreement such word shall include the plural and words importing either gender and firms or corporations where applicable. IN WITNESS WHEREOF the parties have hereunto affixed their corporate seals attested by the hands of their respective proper officers duly authorized in that behalf. THE CORPORATION OF THE TOWN OFAURORA Tim Jones Mayor Bob Panizza Town Clerk (We have the authority to bind the Corporation) MINTO COMMUNITIES (TORONTO) INC. per: Name: Title: Name: Title: (UWe have the authority to bind the Corporation) -111- GENERAL COMMITTEE - NOVEMBER 15, 2005 Page 6 SCHEDULE 'A' Description of Lands All and singular that certain parcel or tract of land and premises situate, lying and being in the Town of Aurora, in the Regional Municipality of York, and being composed of Part of Lot 23, Concession 2, Parts 1 and 2, 65R-25149, save and except 65M-3678. -112- GENERAL COMMITTEE-- NOVEMBER 15, 2005 Page 7 SCHEDULE W Summary of Estimated Costs of Construction of Services TOTAL a) Mobilization and Site Set -Up $177,097.00 b) Storm Sewer and Appurtenances $590,760.90 c) Sanitary Sewer and Appurtenances $400,058.20 d) Watermainand Appurtenances $401,999.00 e) Primary Road Construction $977,351.00 f) Secondary Road Construction $531,328.00 g) Streetlighting $* h) Watermeters $30,750.00 i) Service Connections - $388,000.00 j) Stormwater Management Facilities $137,641.90 k) Driveway Paving $307,500.00 1) Acoustic Fence $* m) Retaining Walls $* Sub Total $3,942,486.00 Contingencies/Engineering Fees (15%) $591,373.00 TOTAL $4,533,859.00 TOTAL (ROUNDED) $4534.000.00 *- item will be included in the subdivision agreement only 2. Detailed Sheets and Plans of Services The Plans prepared by Stantec Consulting Ltd. for the Spring Farm Phase II (Minto) subdivision dated September 16, 2005 and approved by the Director of Public Works with respect to the underground works only shall form part of this schedule and are listed as follows: 100. General Notes and Orientation Plan 101. General Plan 201. Storm Drainage Plan 301. Sanitary Drainage Plan 401. Spring Farm Road and Collingwood Court 402. Mavrinac Boulevard 403. Mavrinac Boulevard 404. Usherwood Street 405. Suffolk Avenue 406. Ivy Jay Crescent 407. Ivy Jay Crescent 408. Ivy Jay Crescent 409. Ivy Jay Crescent 410. Hogaboom Avenue 411. I{err Lane 412. Easement Block & Outlet 413. Roof Drain Collector Sta. 0+000 to Sta.0+250 Sta. 0+000 to Sta. 0+175 Sta. 0+175 to Sta.0+425 Sta. 0+000 to Sta. 0+225 Sta. 0+000 to Sta. 0+140.67 Sta. 0+000 to Sta. 0+275 Sta. 0+275 to Sta. 0+475 Sta. 0+475 to Sta.0+725 Sta. 0+725 to Sta.0+925 Sta. 0+000 to Sta.0+200 Sta. 0+000 to Sta. 0+059.28 Sta. 0+000 to Sta. 0+054.03 Sta. 0+000 to Sta. 0+089.56 -113- GENERAL COMMITTEE - NOVEMBER 15,.2005 Page S 501. Grading Plan 1 502. Grading Plan 2 503. Grading Plan 3 504. Grading Plan 4 601. Street Section Details 602. Town of Aurora Details 603. Town of Aurora Details 604. Traffic Circle — Layout Spring Farm Road / Mavrinac Boulevard 605. Traffic Circle — Grading Spring Farm Road / Mavrinac Boulevard 606. Details 701. Erosion and Sediment Control Plan — Phase I1 702. Erosion and Sediment Control Details 901. Stormwater Management Pond 902. SWM Pond Sections 903. SWM Pond Details 3. Services to be Installed Services which are approved for construction under this agreement are those which are located within those lands which are deemed to be public right of way and shall generally be limited to underground services and primary road construction and as described on the above noted plans. -114- GENERAL COMMITTEE - NOVEMBER 15, 2005 Page 9 SCHEDULE'C' Securities to be Posted Servicing Securities (50%) $2,267,000.00 Construction Lien Act (10%) $453,400.00 Fees to be Paid Engineering Fees (4%) $181,360.00 -115- GENERAL COMMITTEE - NOVEMBER 15, 2005 tv6 TOWN OF AURORA GENERAL COMMITTEE REPORT AGENDA ITEM # • No. PW05-031 SUBJECT: Approval to Execute a Preservicing Agreement- Phase 3 Prato Estate Residential Subdivision (D12-00-7A) FROM: W. H. Jackson, Director of Public Works DATE: November 15, 2005 RECOMMENDATIONS THAT Council authorize the Mayor and Clerk to execute an agreement between the Town of Aurora and Prato Estates Inc, to permit the servicing of the Phase 3lands in Prato Estate Residential Subdivision (D12-00-7A) subject to the following conditions: (a) Issuance of the necessary Certificates of Approval from the Ministry of the Environment and Lake Simcoe Region Conservation Authority for all the underground services; (b) Signing of the engineering plans for the construction of the municipal services; (c) Receipt of proof of insurance indemnifying the Town in an amount of $10,000,000; and (d) Receipt of engineering fees and securities in accordance with the standard procedures for subdivision developments in the amounts specified. BACKGROUND The owner of the subject lands has applied to the Director of Public Works (see Appendix "B") for a Preservicing Agreement (see Appendix "C") so that construction of municipal services for this phase of the subdivision can proceed. The underground servicing plans and specifications have been reviewed and are generally acceptable to the Director of Public Works. A few issues remain to be resolved with regard to the engineering plans, and these are expected to be finalized shortly. On one particular issue, staff have been working with the applicant over the last several months to ensure that the development does not encroach into or adversely affect the buffer along the east limit of the development. One result of this work is that there will be retaining walls ranging from O.Om up to 3.7m high along approximately 53% of the eastern perimeter of the development. COMMENTS - It has been the practice of the Town to allow servicing to proceed in other subdivision developments in this manner and it is suggested that it is appropriate to do so in this case -116- GENERAL COMMITTEE — NOVEMBER 15, 2005 November 15, 2005 - 2 - Report No. PW05-031 for the Phase 3 lands. It is understood that all arrangements have been made by the current owner of these lands to complete all works satisfactorily to permit the timely completion of development of this area. Appropriate securities (50%) and insurance will be provided at this time in accordance with current Town preservicing practices. A clause has been included in the Agreement prohibiting the sale of any units until Council has granted allocation to the development. Council has not yet granted allocation to the second phases of the various subdivisions that are underway in the 26 area, although Council has reserved a certain number of units of allocation for this development area. It is expected that the issue of granting allocation to the various specific developments will be dealt with over the course of the next few months. In the meantime, the developer wishes to proceed to commence the construction of the underground services in this phase of the development. It is understood that work done under this preservicing agreement is entirely at the land owners risk and that executing this preservicing agreement in no way commits the Town to allocate service to this development. OPTIONS Council may decide to not grant approval at this time and wait until the Subdivision Agreement is completely executed. FINANCIAL IMPLICATIONS Town engineering fees in the amount of 4% of the total servicing costs will be received from the Developer. The development will be assumed by the Town at some point in the future. Normal operational and maintenance costs will be incurred after that time. CONCLUSIONS The reason for Preservicing Agreements is to allow Developers to get a head start on the construction of services within their projects. The Developers must still fulfil their mandates as required by the Subdivision Agreement that includes the provision of servicing securities in an amount of 50% of the estimated costs. LINK TO STRATEGIC PLAN One of the objectives under "Goal E - Promoting Accessible Municipal Government" is to "maintain Aurora's high standards and integrity". Staff has ensured that the specifications —117— GENERAL COMMITTEE — NOVEMBER 15, 2005 November 15, 2005 - 3 - Report No. PW05-031 for the construction of the municipal services are in accordance with currently accepted standards. ATTACHMENTS • Appendix "A" - Key Map showing location of the Prato Estates Subdivision • Appendix "B" - Letter of November 7, 2005 from Mr. Dave Farrow, Prato Estates Inc. • Appendix "C" - Preservicing Agreement PRE -SUBMISSION REVIEW Management Team Meeting — November 9, 2005 Prepared by. Patrick Ngo, Municipal Engineer, Extension 4375 'z) W. H. Jaekg6h Director of Public Works —118— GENERAL COMMITTEE - NOVEMBER 15, 2005 APPENDIX A KEY MAP SHOWING PRATO SUBDIVISION PUBLIC WORKS DEPARTMENT -11 9- NOVEMBER 2005 STA GENERAL20�L�0 MITTEE — NOVEMBER 15, 2005 'A `49 P..2 APPENDIX "B" N,M.A.Mv. Group nc, November 7, 2005 Town of Aurora 1 Municipal Drive Aurora, Ontario L40 611 Attention; Mr, David Atkins Dear Mr, Atkins; ft Request for Pre -Servicing Agreement Prato Estates Ine, Part of Lot 22, Concession 2 WXS File No. D12.00.7A On behalf of Prato Estates Inc, I would like to request that a Pre -servicing Agreement for our Phase 3 lands be prepared at your earliest convonlence. Please reference the revised Engineering drawings submitted by Stantec Consulting to Mr, Patric N.go on Noveraber 4, 2005, If you require any additional information, please feel $ee to contact me, Yours truly, PRATO ESTATES INC. by Us LWetopment Managar, Yi inWn Management Corp, 1 µ n ■M '*hy ) y� Die Farrow 1j Development Manager Di^/cd cc; Paul Shakespear— Great Gulf Phil Sh%ldan — Stantea Consulting Star �TIZTNI EC�Yi INIs ar utll,c',444 416.736.8854 Teh 416,798,1127 Teti 416,798,2420 Fix; 905,660,7650 Fox; 416,798,2159 Fm 905.653,4074 a600 Pufferin Street, Vaughan, Ontario OK 5P5 —120— GENERAL COMMITTEE - NOVEMBER 15, 2005 APPENDIX "C" Page 1 THIS AGREEMENT made this 22"d day of November, 2005. BETWEEN: THE CORPORATION OF THE TOWN OF AURORA hereinafter referred to as the "Town" PARTY OF THE FIRST PART - and - PRATO ESTATES INC. hereinafter referred to as the "Owner" PARTY OF THE SECOND PART WHEREAS the Owner is the owner of certain lands and premises (the "Property") described on Schedule "A" hereto; AND WHEREAS the Property has been the subject of Draft Plan of Subdivision approval by the Ontario Municipal board dated July 12, 2001 revised February 21, 2002 in relation to file No. D12- 007A. AND WHEREAS the Owner intends to execute a subdivision agreement in relation to the Property with the Town as soon as possible. AND WHEREAS the Owner has received approval from the Town to install certain municipal services (the "Services") as described in Schedule "B" to this Agreement on the Property and; where applicable, on adjacent Town lands pursuant to the provisions of this Agreement; NOW THEREFORE this agreement witnesseth that in consideration of the payment ofthe sum of One Thousand Two Hundred Dollars ($1,200.00) by the Owner to the Town, the parties hereto agree as follows: Term 1.0 This Agreement shall remain in force and effect until such time as all of the obligations herein have been fulfilled or this Agreement is incorporated into and subsumed or superseded by a subdivision agreement or other form of development agreement in relation to the Property. Installation of Services 2.0 . The Owner shall be entitled to install the Services as described on Schedule "B" of this Agreement on the Property and, where applicable, on adjacent Town lands, pursuant to the provisions of this Agreement. 2.1 The Owner agrees to install the Services in accordance with the provisions of Schedule "B" and in accordance with the Town's specifications to the satisfaction of the Director of Public Works of the Town (the "Director"). Maintenance and Repair 3.0 The Owner agrees at its sole expense to maintain and repair the Services to the satisfaction of the Director during die --term of this Agreement. Securities 4.0 The Owner hereby agrees to deposit with the Town at the time of execution of this Agreement, in a form that is satisfactory to the Town, security in the amount as set forth on Schedule "C" to this Agreement (the "Security"). -121- GENERAL COMMITTEE- NOVEMBER 15, 2005 Page 2 4.1 The Owner agrees that such Security constitutes an earnest to ensure performance of this Agreement in the event of breach of this Agreement by the Owner but provision of such security does not limit the Owner's liability should damages resulting from the Owner's breach exceed the value of the security. 4.2 In the event that the Owner, in the opinion of the Director, breaches any provision of this Agreement, the Owner agrees that the Town, through its employees, agents or contractors, may in its sole discretion, draw upon and utilize the Security to perform any obligations of the Owner pursuant to this Agreement or to redress harm or damages that have or may occur from said breach or breaches, provided the Director has given the Owner notice of such breach and ten (10) calendar days have elapsed since such notice has been provided, without steps to redress the breach, satisfactory to the Director, having been taken by the Owner. 4.3 Use of the Security by the Town shall not relieve the Owner of any ofits obligations pursuant to this Agreement. Fees 5.0 The Owner will pay to the Town at the time of execution of this Agreement an amount that is equal to 4% of the estimated costs of construction of the Services as determined to the satisfaction of the Director and as set forth on Schedule "B" to this Agreement in compensation for ensuring compliance with this Agreement. It is hereby agreed by the Owner that this fee is for the sole use of the Town and shall be fully earned on execution of this Agreement. Cessation of Work 6.0 The Owner agrees that it will proceed diligently with installation of the Services. Should the installation of Services be interrupted for aperiod in excess of six months, the Owner agrees, if so required by the Town, to restore, regrade, topsoil and seed the Property to the satisfaction of the Director or to take remedial steps to the satisfaction of the Director to remove or to render safe the Services and the Property. Inspections and Right of Entry to Perform the Obligation 7.0 The Town and its licensees, employees, agents and contractors, may at any time enter on any part of the Property to inspect the Property to ensure compliance with any of the terms of this Agreement. 7.1 The Town and its licensees, employees, agents and contractors, may at any time enter on any part of the Property to perform, at the Owner's expense using the security provided in this Agreement, any of the Owner's obligations pursuant to this Agreement. Comply With Applicable Legislation 8.0 The Owner agrees that it will comply with all applicable legislation in performance of the obligations contemplated in this Agreement. Without limiting the generality of the foregoing, the Owner agrees to comply with all Town By-laws, including the Topsoil Preservation By-law, and to obtain all approvals required ofotherbodies havingjurisdiction, including the Lake Simcoe Region Conservation Authority, the Ministryof Environment and Energy, the Ministry of Natural Resources and PowerStream Inc.. Further Approvals,. 9.0 The Owner acknowledges that this Agreement does not predetermine, prejudice or constrain the Town's jurisdiction with respect to the approval, rejection, clearance, or imposition of conditions in relation to any development approvals that are now or that may in future be proposed for the Property, including the granting of water and sewer servicing allocation as approved by resolution of the Council of the Town. Without limiting the generality of the -122- GENERAL COMMITTEE - NOVEMBER 15, 2005 Page 3 foregoing, this Agreement does not predetermine, prejudice or constrain the Town's jurisdiction with respect to the approval, rejection or imposition of conditions related to final approval of the draft Plan of subdivision in respect of the Property, including the granting of water and sewer servicing allocation as approved by resolution of the Council of the Town. Indemnification & Insurance 10.0 The Owner will always indemnify and save harmless the Town from and against all actions, suits, claims and demands which may be brought against or made upon the Town and from all loss, costs, charges and expenses which maybe incurred, sustained or paid by the Town in relation to the installation and maintenance of Services on the Property and the adjacent lands pursuant to this Agreement. 10.1 The Owner shall throughout the term of this Agreement provide and keep in force, for the benefit of the Town and the Owner, general liability insurance in an amount of not less than ten million ($10,000,000) dollars in respect of injury to or death of one or more persons or property damage. All insurance shall be effected with insurers and upon terms and conditions satisfactoryto the Town. The Owner shall promptlyfumish to the Town copies of insurance policies and other evidence satisfactory to the Town as to such insurance and any renewals thereof. In the event that the Owner fails to insure as herein required or fails to promptly furnish to the Town satisfactory evidence of such insurance or of the renewal thereof prior to its expiration, the Town may, from time to time, effect such insurance for the benefit of the Owner or the Town or both of them for a period not exceeding one (1) year and any premium paid by the Town shall be recoverable by the Town from the Owner forthwith. Liens 11.0 The Owner shall indemnify and hold the Town harmless from and against liability, claim, damages or expenses due to or arising from any claim made against the Property and adjacent Town lands where Services are installed therein pursuant to this Agreement for all liens related to all work done by or on behalf of the Owner and any such liability, claims, damages or expenses incurred by the Town shall be paid by the Owner to the Town forthwith upon demand; and the Owner shall cause all registration of claims for mechanics' liens and/or certificates of action under the Construction Lien Act and relating to any such work done by or on behalf of the Owner, to be discharged or vacated as the case may be within three (3) months of such registration or within three (3) months after notice from the Town. Restriction — Water/Sewer Allocation 12.0 The Owner agrees to register a Section 118 Restrictive Covenant on title to the Property to the satisfaction of the Town Solicitor for the Town prior to the execution of this Agreement by the Town. Said Restrictive Covenant shall restrict the sale of the separate Lots and Blocks within the plan of subdivision for the Property until the Council of the Town has approved byresolution, the granting of water and sewer servicing allocation for the Property. 12.1 Upon the granting of water and sewer servicing allocation for the Property, the Town agrees to provide the Owner with a consent to the release of the said Restrictive Covenant. 12.2 The Owner shall pay all costs associated with the registration and release of the Restrictive Covenant. Assignment 13.0 This Agreement shall not be assigned by the Owner or its assignees without an express written consent to assignment executed by both the Town and the assignee. 13.1 In the event that the Owner transfers, assigns or leases its interest in the Property or any part thereof (excepting sales of individual lots or blocks sold to builders of residential units), the Owner shall forthwith notify the Director in writing of such transfer or assignment together with the names and addresses of the transferees or assignees. -123- GENERAL COMMITTEE - NOVEMBER 15, 2005 Page 4 13.2 In the event that the Owner enters into an agreement to sell the whole of the Property (excepting sales of individual lots or blocks sold to builders of residential units), notice shall be provided forthwith to the Town. Registration 14.0 This Agreement shall be enforceable by and against the parties herein, their heirs, executors, administrators, successors, and assigns, and the Agreement and all the covenants by the Owner herein contained shall run with the Property for the benefit of the Town and the land or interest in land owned or to be owned by the Town upon the registration of a plan of subdivision in respect of the Property. 14.1 The Owner hereby agrees to register this Agreement in a form that is satisfactory to the Town in priority to all other encumbrances in the appropriate Registry office against the Property immediately upon execution of this Agreement. Notice 15.0 Any notice to be given pursuant to this Agreement shall, unless otherwise specified in this Agreement, be delivered or sent by registered letter or facsimile transmission to the Owner and the Town as follows: Owner: Town: Prato Estates Inc. c/o Trinison Management Corp. 8600 Dufferin Street Vaughan, Ontario L4K 5P5 Attention: David Farrow Development Manager Fax No.: 416-798-2159 The Corporation of the Town of Aurora Box 1000 1 Municipal Drive Aurora, Ontario L4G Wl Attention: Town Clerk Fax No.: 905-841-3483 or to such other address as the Owner and the Town may respectively from time to time appoint in writing, and any such notice, if mailed, shall be conclusively deemed to be received by the other party three (3) business days after the date of the mailing thereof, postage prepaid or dated transmission of a facsimile. No Waiver of Default 16.0 No condoning —excusing, overlooking or delay in acting upon by the Town of any default, breach or non -observance by the Owner at any time or times in respect of any covenant, provision or condition in this Agreement shall operate as a waiver ofthe Towns rights under this Agreement in respect of any such or continuing subsequent default, breach or non- observance and no waiver shall be inferred from or implied by anything done or omitted by the Town except an express waiver in writing. -124- GENERAL COMMITTEE - NOVEMBER.15, 2005 Page 5 Entire Agreement 17.0 The Owner acknowledges that there are no covenants, representations, warranties, agreements or conditions, express or implied, collateral or otherwise, forming part of or in any way affecting or relating to this Agreement save as expressly set out or imported by reference in this Agreement and that this Agreement constitutes the entire Agreement duly executed by the Town and the Owner. Severability 18.0 If any clause or clauses or part or parts of clauses in this Agreement be illegal or unenforceable, they shall be considered separate and severable from the Agreement and the remaining provisions of the Agreement shall remain in full force and effect and shall be binding upon the parties hereto as though the said clause or clauses orpart orparts of clauses had never been included. Interpretation 19.0 Whenever a word importing the singular number only is used in this Agreement such word shall include the plural and words importing either gender and firms or corporations where applicable. IN WITNESS WHEREOF the parties have hereunto affixed their corporate seals attested by the hands of their respective proper officers duly authorized in that behalf. THE CORPORATION OF THE TOWN OFAURORA Tim Jones Mayor Bob Panizza Town Clerk (We have the authority to bind the Corporation) PRATO ESTATES INC. per: Name: Title: Name: Title: (1lWe have the authority to bind the Corporation) -125- GENERAL COMMITTEE - NOVEMBER 15, 2005 Page 6 SCH CDULE W Description of Lands All and singular that certain parcel or tract of land and premises situate, lying and being in the Town of Aurora, in the Regional Municipality of York, and being composed ofPart Lot 22, Concession 2, E.Y.S. Parts 1-3, 5 & 6, 65R-25800 (formerly in the Township of Whitchurch). -126- GENERAL COMMITTEE - NOVEMBER 15, 2005 Page 9 SCHEDULE'C' Securities to be Posted Servicing Securities (50%) $ 2,527,000.00 Construction Lien Act (10%) $ 505,400.00 Fees to be Paid Engineering Fees (4%) $ 202,160.00 -129- GENERAL COMMITTEE - NOVEMBER 15, 2005 FAqEN ITEM 10 � f.1O ` N TOWN OF AURORA GENERAL COMMITTEE REPORT No. PL05-105 SUBJECT: Planning Applications Status List FROM: Susan Seibert, Director of Planning and Development Services DATE: November 15, 2005 RECOMMENDATIONS THAT the Planning Applications Status List be received as information; BACKGROUND Attached is a list updating the status of applications being processed by the Planning and Development Services Department. The list supersedes the October 18, 2005 Planning Applications Status List and is intended for information purposes. The text in bold and italics represents changes in status since the last distribution of the Planning Applications Status List. COMMENTS The last status list was prepared for the October 18, 2005 General Committee Meeting. Since that time three (3) new development applications have been submitted to the Planning and Development Services Department for review. These include: • Perwick Inv. (Deltera), File: D09-04-05A and D14-16-05A, proposing an OPA and ZBA to allow a 7 storey condo building with 184 residential units at the north-east corner of Wellington St. and John West Way. • Priestly Holding Corp., File: D09-04-05 and D14-14-17-05, proposing an OPA and ZBA to allow a Montessori school at the north-west corner of Bayview Ave, and Stone Rd. • Suncor Energy Products Inc., File D11-20-05-M, to allow a Minor Site Plan permitting upgrades to the existing service station at the south-west corner of Yonge St. and Aurora Heights Dr. Updates to Planning files include: Site Plan agreement for the Hollandview Professional Building has been executed and registered; Council approval of the zoning bylaw amendment for the Gathering Place of Aurora site; Removal of Holding zone provisions from the Preserve residential plan of subdivision. A Public Meeting is scheduled for Dec. 13, 2005 to consider a rezoning submitted by Paula Bell. —130— GENERAL COMMITTEE - NOVEMBER 15, 2005 November 15, 2006 OPTIONS Council has the option of taking no action with respect to the pending list. FINANCIAL IMPLICATIONS Not applicable. CONCLUSIONS No. PL05-105 Staff will continue to provide this monthly update so Council is aware of application status and the servicing allocation that is available within the Core. LINK TO STRATEGIC PLAN The Strategic Plan has goals of open and accessible government. Information documents such as this are intended to further that goal. ATTACHMENTS Figure 1 - Planning Applications Map Figure 2 - Secondary Plan Map Figure 3 - Planning Applications Status List - November 15, 2005 Figure 4 - Town of Aurora Core Area Infill Map Figure 5 - Core Area Infill List PRE -SUBMISSION REVIEW Management Team meeting November 9, 2005. Prepared by. Leigh Ann Wiseman, Junior Planner, Extension 4350 Glen Letman, Manager of Development Planning, Extension 4346 w us n Se rt D ector ot Planning and Development Services -131- a J .. _ r ����u�l� F� 'I�It�lll ,�►� � J ! @LO, ! ; @ • / W \ \ } \ \ — 2 \\\\ o w 4 K a Cl) ) { } ( $ Co { t § \ ,la,2 k S I°]«! a J f a ;».\\\ ;ra!{ $ § GENERAL COMMITTEE - NOVEMBER 15, 2005 �i M W 12 t7 W F clM "Ur o, o c to o= bo F` 0 ° a r ._ b�A U w o cd to .o ,b pq � � b� O U N pU b �'' ,"' 77 � b gU •rtl j a� ,a�v O A � � • � � o 0 � F. o o O N � P. �+ on i t-• °+� GL O , O G id m L1, co cd ' O Pr O N Q Py o00 W A' N pp N C .-' N O CPy U t, O O O O p O P. 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O m O kn O O O O N o d o= c'�d �O CD •--� O ++ 0 NO cd p O a N❑ Opp '� riUj In�.�-i c�'O k� Cl 0 7 I O �i biD J cdd b O F� o n v� cv p�v'• W �•� o°� .d'��Up�Ca vni U qg O D1 r-1 01 N pp C P.,CD CD w yvaaw�Q -14 - GENERAL COMMITTEE - NOVEMBER 15, 2005 0 k AcSw '�w c � bA N d cg •� C •0 0 4� N �l o� O00,N-i � O O O N CD ai O� 0011 V O N U ti U � +' 00 00 o�C 01 TJ N tC O M 00 N C ti 1ti N cn O w 10 C ~00 W P, ri1 CD 1^ 4, w � d. rj 'd U a° Cc,i N m U N O �. xj' Vl V O O M O 0 � a O M O O � \D O U�3cn y O 'A'WU ❑� W b ^' rn O QP.w A rn '. 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U � a, O� x ° °� Q) !j It.. w b°ba ' O h o 08 N M ° �oNowN I~24 o o � � N a> d o OO O i q O rnwNA FG�rna,�ZWA �QCD AA VN' j 7 -152- GENERAL COMMITTEE - NOVEMBER 15, 2005 M i/ " v r O o �xW UUW w�, W x o R, GA p ~ •�H, >1 t O W O N �� 5 w cd b A q Ste" w ° o 1 N 'O O v�y N � cd� O o � •cd �J+ v a N -�+ '� O p tl O U ��' 'C ti .�h- . N • y o0 a� 3 C-0 cn 0 0 �� o CD N v � O N � N d 2D .� m �1 Q 0 p0 a .0 g C) p i'Oi Pai a.o a Y �� O 02 Ntiv� aa� w O Encn cn U N 0 O m O O N� d, .0 u bO tlT 0 (U 0O Q C" O O' �. , 7 o b Ca d' , O o h W a y 4 ,-� ,� W 00 �"Qo 00 R' 'UN(V Oyya Q N P; rn � v � -153- GENERAL COMMITTEE - NOVEMBER 15, 2005 N /Fd UUW UUW UUW 0 N 0 N O � O M � M y •�yy Ld bQ yti C O to O bA p a .o � N 06 O N N V o O � N w 0 0p 4. to o Y y � o q '� � q o M�� '+ U �-i A 00 •� o�� ++ BANG o N •ah O N N .� N . C: O N (� L4 N oc O O y (n d o It o H o N O Y �a N o� O00 ,n �oo� O a Py n o o A n o �M 00 bA ri O O'}J 7 gym. 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GENERAL COMMITTEE - NOVEMBER 15, 2005 Lo w LL u ..E N C 'E 3 7 U C O O M ` G7 y 7 aN 1� O Z� 76M coCD co NN NN a au O O Q,O a U a @ 6s UO O W _o 'r (6 (6 c m UI N 'o a) a) N. rn c pp c �E E LE c-c ac'a E E E c a) 'c a) 0 U) U U Q U 0.. fA N a a C C 67 fE CA NNCoN I-I- MfMd' 0) 00 CAO 0)0)000 66 V 64 o0 66MON Z O O r 0 0 O r r r 0 r O r r r O r r r r wo Coco 0`0000 W N C O • uJ � a J O �.�aU 0 E I:Clc E , m Z O 0 @ c cl O 0 O M N O co LL rG S U)QOQ I-Q i o r N M V Lo Co Il- H Q -164- GE RAL COMMITTEE — NOVEMBER 15, 2005 E� aA @TE TIA)RK Strategic Services Department a t E X C E L L E N C E Community & Fire Services Commission October26, 2005 .aCE,jVED , Mr. John Rogers Chief Administrative Officer 1 Municipal Drive, Box 1000 Aurora ON L4G 13,11 Dear Mr. Rogers cc, 9 j 2005 AOM`NI t hA ION This is a follow-up correspondence to our discussion on the Markham Energy Conservation Office (MECO) and its' programs on Friday, Oct. 23, As discussed MECO has six program initiatives including; 1. Acquiring and implementing the Energy and Environmental Management Software 2. Cool Shops 3. At Work Energy Conservation Employee Awareness 4. Advancing High Performance Buildings 5. Better Building Partnerships 6. Combined Utility Metering I have attached two reports to Council on the MECO initiative and one attachment that provide a high level overview of the six programs. I hope these add value and background pertaining to the MECO initiative. I realize that you are considering a strategic approach to introducing energy conservation into your community. From the Town of Markham perspective we would be willing to discuss how an innovative partnership between Markham and the Town of Aurora might be used to introduce energy conservation programs into Aurora. This would offer the potential to control costs, maximizing efficiency and at the same time increase the reach of the program, maximizing effectiveness. I believe that this type of arrangement could be construed as "capacity building" and as such could be funded from the Federal New Deal Gas Tax Revenues. Schedule A of the new deal defines eligible categories of funding and Section 3 states; Capacity Building includes the following activities: i) Collaboration: building partnerships and strategic alliances; participation; and consultation and outreach; Please Jet us know if you have any interest in further discussions about the possibility of extending the energy conservation programs into Aurora. Yours truly, Stu Taylor Director, Strategic Services QkStrateglc SerdceslShered DatMMECOWohn Rogers Oct 26.doc The Corporation of The Town of Markham • 1 n Centre Boulevard, Markham, Ontario L3R 9W3 Website: www.markham.ca. TF 077-7000. Fax: 905-475-4710 GENERAL COMMITTEE — NOVEMBER 15, 2005 Appendix B: Markham Energy Conservation Office Programs and Budget The priority programs, the budget and the energy efficiency goals of each program are summarized below. 1. Better Building Partnership The Better Building Partnership (BBP) program will work with private sector energy service companies to promote and implement programs that enhance energy efficiency and building retrofits. The Better Building Partnerships model is operating in the City of Toronto and the Town of Markham will adopt and modify it to fit our needs. The first target for the BBP will be to determine the needs within the Town buildings and see if there is an opportunity to achieve conservation goals and emission targets in our facilities. The BBP will work across the commercial, industrial and institutional sectors providing turnkey solutions to retrofit buildings using state-of-the-art energy saving equipment. Conservation Account Budget: Efficiency target: 2. Advancing High Performance Buildings $295,000 over 3 years 3,000,000 kWh of savings ($330,000 @ year) High performance building development is defined as using an integrated approach to the design, construction and operation of a structure to minimize negative impacts on the environment and human health. The first approval for development starts with the municipality. Markham has a unique opportunity to promote and accommodate Leadership in Energy and Environmental Design (L.EED) in the planning and development process as well as in our own building projects. The High Performance Building Development program will promote green building projects, provide links to technical assistance, establish partnerships for funding and encourage the growth of high performance buildings. Conservation Account Budget: Efficiency target: 3. Bringing "Cool Shops" to Markham $285,000 over 3 years 1,250,000 kWh of savings ($137,000 @ year) In larger urban centres, the Clean AiLFoundation has launched a program to encourage small business and retailers to implement energy conservation efforts. The Cool Shops program offers site -specific energy audits, including recommendations on how to save —166— GENERAL COMMITTEE — NOVEMBER 15, 2005 money, immediate installations of quick initiatives that save money, access to implementation partners who provide additional energy efficiency financing and access to incentives. The Markham Energy Conservation Office will work with the Clean Air Foundation to develop a self-financing Cool Shop pilot program in Markham focusing on the small business community. Conservation Account Budget: Efficiency target: 4. Combined Utility Metering Pilot $175,000 over 3 years 1,200,000 kWh of savings ($132,000 @ year) This project will integrate the collection of information for each residential utility — district energy, gas, power and water into one utility meter. The metering information from each utility would be available to each resident through a dedicated Internet site and in real-time. As the cost to purchase utilities increases, providing real-time information on energy consumption is believed to be one of the best ways to change consumer behavior and encourage conservation. The Province of Ontario is moving forward with a plan to install 800,000 Smart Meters by 2007 and 4 million by 2010. However, the Smart Meter project will not provide "real-time" information. The Combined Utility Metering Pilot project would be the first of its kind in Ontario. There are a number of regulatory and commercial issues to be addressed as part of the pilot. These include the implications of the Smart Meter program and the ability to communicate consumption information from all four utilities back to the consumer in real-time and in a format that encourages conservation. If successful, the Combined Utility Metering Pilot could become the model for all new development in Markham and across the Province. It is estimated that providing "real-time" access to consumers could influence a load reduction of 5% during peak periods. Part of the pilot project will involve comparing the conservation and demand management attributes of the Combined Utility Metering Pilot with the standard Smart Meter installation. Conservation Account Budget: Efficiency target: 5. Intelligent Monitoring System $105,000 over 2 years 160,000 kWh of savings ($17,600 @ year) The intelligent monitoring system will involve the acquisition of York Region's Energy and Environmental Management System (EEMS) software. EEMS software is a versatile, web based application that monitors all utilities including electricity, water, gas and fuel. It provides consumption patterns for buildings, transportation systems, streetlights, and water —167— GENERAL COMMITTEE — NOVEMBER 15, 2005 and wastewater facilities. It will rank performance of specific buildings, produces data that is easy to read and factors in weather anomalies. The most important feature of the software is that it tracks emissions using emissions factors for each energy source and can calculate savings and emission reductions. The Town would purchase the energy management system to establish a proper energy baseline, benchmark facilities and target energy consumption reduction of 10-15%. Conservation Account Budget: Efficiency target: 6. At -Work Energy Conservation Program $70,000 over 3 years 200,000 kWh of savings ($22,000 @ year) Establishing a system to measure current and past energy consumption is the first step to identifying conservation opportunities and reducing energy consumption. The Energy and Environmental Management System (EEMS) software will used to realize this opportunity. The At -Work Energy Conservation Program will encourage and educate employees and their families to conserve at home and on the job. The Markham ECO will develop an effective energy awareness program for municipal employees and expand the campaign to other interested members of the Markham community. The program will be developed based on the E3 @ Work and E3 @Home models. E3 @ Work is an educational program designed to conserve energy by managing office equipment power loads. E3 @Home is an educational program that follows the strategies of E3 @ Work but focuses on how employees can reduce their residential energy costs. Conservation Account Budget: $70,000 over 3 years Efficiency target: 800,000 kWh of savings ($88,000 @ year) CIAStrategic Services\Shared Data\Reports\General Committee\MECO Program Overview Appendix Moo . GENERAL COMMITTEE — NOVEMBER 15, 2005 AIRKHA REPORT TO Committee of the Whole E%C EL L E N C E TO: Mayor and Members of Council FROM: John Livey, CAO PREPARED BY: Stuart Taylor, Director, Strategic Services Victoria McGrath, Manager, Environmental Leadership DATE OF MEETING: 2004-Jun-22 SUBJECT: The Markham Energy Conservation Office RECOMMENDATION: THAT the staff report entitled "The Markham Energy Conservation Office", dated,June 22, 2004,be received; AND THAT the Canadian Urban Institute be engaged, at a cost not to exceed $65,000 to be funded from the Markham Environmental Sustainability Fund, and work in coordination with staff, Amalco and Markham District Energy Inc. to: • Establish a deferral account between Amalco and the Ontario Energy Board, • Prepare background documentation on the purpose of a Markham Energy Conservation Office (ECO) and how it will achieve its aims, • Provide an overview of the major issues involved in establishing the Markham ECO and its ability to access funds from Amalco's deferral account and other sources of funding, and, • Provide a formal business plan for the Markham ECO in order for it to be launched in the Fall 2004; AND THAT the formal business plan for the Markham ECO be coordinated through the Environmental Issues Committee until the launch of the Markham ECO at which time, a representative from the Markham ECO will participate on the Kyoto Task Force Committee BACKGROUND: Council's strategic priorities for 2004-2006 include improving environmental protection and management, including energy and resource conservation as a means to achieving the Kyoto Protocol objectives and planning a sustainable community. This priority stemmed, in part, from the experience of the August 2003 blackout, the federal government's ratification of the Kyoto Accord and the current move in Ontario ta_create a conservation culture to reduce energy consumption in anticipation of the provincial government's plans to fold coal -powered electricity generation. —169— GENERAL COMMITTEE — NOVEMBER 15, 2005 REPORT TO Committee of the Whole 2004—Jun-22 - Page 2 - PURPOSE: The purpose of this report is to show how the Town of Markham can demonstrate leadership within the community by establishing a Markham ECO that will provide the community with the education and tools to foster a conservation culture in response to the current provincial move towards energy demand management, demand response and conservation and the expected changes approaching around residential/commercial energy rates. EXECUTIVE SUMMARY: As a result of the blackout experienced in August 2003 and the ratification of the Kyoto Accord by the Federal government, the Town of Markham recognizes the benefits of early investment in alternative energy supplies. Since that experience, the Provincial government has made several significant announcements towards developing a conservation culture in Ontario that will facilitate reduced demands on energy supplies and, in parallel, encourage investment in non - coal -powered electricity. The combination of these experiences helps to illustrate the importance of moving forward with alternative energy. The Town of Markham can demonstrate leadership and support the Provincial "conservation culture" by establishing a Markham Energy Conservation Office to promote energy demand management through education and outreach with the community. OPTIONS/DISCUSSION: The Provincial Government promotes a Conservation Culture In December 2003; the Minister of Energy provided a letter to Markham Hydro Distribution Inc. stating that in order for local distribution companies (LDCs) to be eligible to earn the third tranche of their commercial rate of return on energy distribution they would need to spend the equivalent of one year's incremental returns on conservation. In order to access the third tranche, the LDCs would need to proceed to the Ontario Energy Board (OEB) with an application to establish a deferral account within which to track expeditures on conservation and demand management initiatives. In January 2004, the provincial government announced its commitment to make conservation, demand management and demand response strategies a cornerstone of Ontario's long-term energy future. Specifically, the Province committed to: • Creating a "conservation culture" in Ontario: Making conservation, demand management and demand response strategies a cornerstone of Ontario's long-term energy future; • Reliability, diversity and affordability: A reliable, sustainable and diverse supply of competitively priced power; • Effective consumer protection: Consumers, especially residential and small business consumers, will be protected from excessive price volatility; • A stronger investment climate : The government will encourage new investment in conservation, generation and transmission; • Cleaner Air : The government will contribute to the clean up of our air by eliminating coal fired generation and replacili# it with other, cleaner sources of energy. In addition, the Province agreed to continue a "capped", although marginally increased, rate of 4.7 cents per KWH for residential electricity consumers using less than 750 KWH per month and —170— GENERAL COMMITTEE — NOVEMBER 15, 2005 REPORT TO Committee of the Whole 2004—Jun-22 Page 3 - a higher rate of 5.5 cents for residential electricity consumers using more than 750 KWH per month. These rates will change as of May 1, 2005, when the OEB may set rates to true cost/ market value. Markham demonstrates leadership in energy conservation On March 1, 2004, Mayor Don Cousens received a letter from Donna Cansfield, the Parliamentary Assistant to the Minister of Energy, announcing the final report of the Electricity Conservation and Supply Task to all Mayors of municipalities in Ontario and invited them to comment on the report and provide an overview of some of the best practices underway in their municipalities. As a result of that letter, Town of Markham staff, in coordination with Markham District Energy, Inc. met with Ms. Cansfield to discuss the Province's receptivity to a Markham Energy Conservation Office as a demonstration of Markham's leadership and desire to partner with the Province. From that meeting, Ms. Cansfield applauded Markham's leadership and indicated that the Province looked forward to working with the Town on this initiative. Subsequently, in a letter to Markham Hydro Distribution Inc. dated May 31, 2004, the Minister of Energy suggested some of the initiatives that would be supported by the OEB include: • Energy Efficiency • Behavioural or operational changes • Load management measures • Measures to encourage fuel switching which reduces total system energy • Programs and initiatives targeted at low income and other hard to reach consumers • Distributed energy options such as tri-generation, co -generation, ground source heating, solar, wind and biomass systems In this letter, the Minister also suggested that the OEB would give priority to proposals that leverage investments through partnerships with governement and with local, community -based organizations. The Markham ECO The Markham ECO would be a strategic solution for Amalco, funded, ultimately, by the deferral account set up by Amalco with the OEB (See Appendix A). The objectives of the Markham ECO are: • To become the energy conservation local champion, and an example for all of Canada • Reduce emissions • Enhance Markham's local energy supply, and • Make Markham more energy efficient The Markham ECO will achieve these objectives by working with Amalco, Markham District Energy Inc. (MDEI), other orders of Government, local businesses, residents and the broader community (See Appendix B). The Markham ECO will also develop programs and policies that display local leadership, educate and info€m Markham residents, leverage partnerships and relationships, and set clear, meaningful targets. —171— GENERAL COMMITTEE — NOVEMBER 15, 2005 REPORT TO Committee of the Whole 2004—Jun-22 - Page 4 - Conclusion A Markham ECO would be a beneficial investment for the Town of Markham: • A conservation culture will help consumers understand the connection between their behaviour and energy supply • Greater conservation measures and new investments in alternative energy will help to ensure that supply meets demand (therefore reducing the potential for blackouts caused by insufficient supply) • Education around conservation will help save consumers money by allowing them to make decisions based on energy time of use. When the new residential consumer electricity rates reflecting the "true cost" of electricity are passed on May 1, 2005, Markham residents will have had the benefit of the Markham ECO promoting the conservation message • The Town will potentially have access to a substantial amount of deferral fees ($2-3 Million) via Amalco, thereby allowing further investment in conservation measures, including those that reduce the Town's emissions profile • The Town of Markham can work towards meeting the Kyoto Accord objectives by measuring the reduced greenhouse gas emissions created by using coal -powered electricity and making investments in alternative energy options • The Town will benefit as a shareholder in Amalco • Amalco will benefit from gaining access to the third tranche of their commercial rate of return. Without the Markham ECO as a strategic solution, Amalco would be responsible for seeking out ways to gain access to the third tranche of their 'commercial rate of return. The creation of the Markham ECO would represent a significant advancement in the promotion of energy conservation. By establishing the Markham ECO, the Town could maximize access to available resources while delivering the most benefits to the community, and to the province. The Markham ECO would be a model for other communities in Ontario and a further example of the policy leadership that Markham ratepayers have come to expect from Council. FINANCIAL CONSIDERATIONS: Financial considerations include: • Engaging the Canadian Urban Institute, at a cost not to exceed $65,000 to be funded from the Markham Environmental Sustainability Fund, to work in coordination with staff, Amalco and Markham District Energy Inc. to: • Establish a deferral account between Amalco and the Ontario Energy Board • Prepare background documentation on the purpose of a Markham Energy Conservation Office (ECO) and how it will achieve its aims • Provide an overview of the major issues involved in establishing the Markham ECO and its ability to access funds from Amalco's deferral account and other sources of funding • Provide a formal business plan for the Markham ECO in order for it to be launched in the Fall 2004 BUSINESS UNITS CONSULTED AND AFFECTED: CAOs Office _. Corporate Services Community and Fire Services —172— GENERAL COMMITTEE — NOVEMBER 15, 2005 REPORT TO Committee of the Whole 2004—Jun-22 - Page 5 - Markham District Energy, Inc. ATTACHMENTS: Appendix A — Letter, dated June 9, 2004, to John Livey from the Canadian Urban Institute Appendix B — The Town of Markham Energy Conservation Office Background Paper, dated June 14, 2004 Stuart Taylor, Director Strategic Services Jim Sales, Commissioner Community and Fire Services —173— GENERAL COMMITTEE — NOVEMBER 15, 2005 Arr W MRrK�HAM E%CELLENCE REPORT TO Committee of the Whole TO: Mayor and Members of Council FROM: John Livey, CAO Jim Sales, Commissioner of Community and Fire Services PREPARED BY: Stuart Taylor, Director, Strategic Services Anne Pozywiak, Director, Strategic Initiatives DATE OF MEETING: June 14, 2005 SUBJECT: The Markham Energy Conservation Office RECOMMENDATION: THAT the staff report entitled "The Markham Energy Conservation Office", dated June 14, 2005, be received; AND THAT the Markham Energy Conservation Office allocate $1,000,000 over three years, $500,000 in 2005, $250,000 in 2006 and $250,000 in 2007, in conservation demand management funding from PowerStream toward the objectives, programs and staffing outlined in Appendix B; AND THAT the Canadian Urban Institute be funded to an upset limit of $65,000 from the conservation demand management funding from June 2005 through March 2006 to implement and lead the start up of the Markham Energy Conservation Office; AND THAT approval be given to hire a Manager of the Markham Energy Conservation Office and one administrative support staff person on a annual contract for up to three years to oversee the conservation demand management program; AND FURTHER THAT the Town provide up front funding for the contract positions at a cost of $127,100 annually to oversee the conservation demand management program to be repaid from future energy cost savings. PURPOSE: The purpose of this report is to establish the Markham Energy Conservation Office (MECO) objectives, business plan and staffing to initiate the energy demand conservation program. BACKGROUND: In February 2003, the Engage 213` Cent&5y-Markham process was completed and outlined a 20- year vision for the Town. The Engage process, led by the Mayor, Council and senior staff, was built on the vision, desires and values of many stakeholders. The process created a vision and —174— GENERAL COMMITTEE — NOVEMBER 15, 2005 REPORT TO Committee of the Whole June 14, 2005 - Page 2 - mission for the Town that allowed a number of corporate strategic objectives to emerge including environmental protection and management. This report outlines the concept, program and benefits that the Markham Energy Conservation Office will provide to the Town and the community. Implementing the Markham Energy Conservation programs will allow for energy and resource conservation, encourage a sustainable community and assist the Town of Markham in achieving Kyoto Protocol objectives. It is within the context of the Engage 20 Century Markham strategic vision that the Town has pursued and created the Markham Energy Conservation Office. Markham's Strategic Objective: Protect and Enhance a Healthy Ecosystem One of the Town of Markham's strategic objectives is to "protect, enhance and restore...a healthy ecosystem". Markham residents, Council and staff share a common objective of protecting and enhancing our ecosystem. Using resources wisely is good for the environment, makes economic sense and secures a healthy future for our children and future generations. The Town has undertaken many environmental efforts to achieve our corporate environmental objective. The Markham Energy Conservation Office is an important environmental initiative that will improve air quality, conserve resources and raise public awareness that conservation starts with individuals changing their day-to-day attitudes and behaviours. From September 2004 through May 2005 there have been ongoing negotiations with PowerStream, Markham Energy Conservation Office and the Ontario Energy Board to establish a conservation demand management program. As a result of these discussions, the Markham Energy Conservation Office will receive $1,000,000 in funding over the next three years from PowerStream to initiate energy conservation programs. The Markham Energy Conservation Office will have a small complement of contract staff focused on developing and implementing funded programs. The office will report to Council through General Committee meetings on the Community Services and Environment agenda. The energy conservation funding will be targeted at six programs, outlined in Appendix B, which allow Markham to assume a leadership role as a local champion for energy conservation and efficiency. The Markham ECO efforts will reduce current energy demand by encouraging better building efficiency, better building design and introducing new delivery methodologies and/or technology. The end result will be to improve energy efficiency within existing infrastructure, encourage energy efficient design in new infrastructure and create new delivery processes to reduce demand on the existing grid. In addition, Markham ECO will initiate an employee awareness program that will encourage behaviour change to reduce consumption in the workplace and at home. Markham staff will become front line ambassadors for energy conservation. Markham Energy Conservation Office is Aligned to Provincial Conservation Culture In January 2004, the provincial government announced its commitment to make conservation, demand management and demand response strategies a cornerstone of Ontario's long-term energy future. Specifically, the Province committed to: —175— GENERAL COMMITTEE — NOVEMBER 15, 2005 REPORT TO Committee of the Whole - Page 3 - June 14, 2005 • Creating a "conservation culture" in Ontario : Making conservation, demand management and demand response strategies a cornerstone of Ontario's long-term energy future; • Reliability, diversity and affordability: competitively priced power; A reliable, sustainable and diverse supply of • Effective consumer protection: Consumers, especially residential and small business consumers, will be protected from excessive price volatility; • A stronger investment climate: The government will encourage new investment in conservation, generation and transmission; • Cleaner Air: The government will contribute to the clean up of our air by eliminating coal fired generation and replacing it with other, cleaner sources of energy. Markham ECO Objectives The Markham ECO approach to energy and resource conservation has been aligned to the Province's conservation culture in determining energy conservation objectives. The Markham ECO will: ■ Become a local champion for energy conservation and set a national example; ■ Make Markham more energy efficient thereby reducing greenhouse gas emissions; ■ Enhance Markham's local energy supply andreduce its dependency on the grid; ■ Leverage multiple funding sources to deliver programs; and ■ Help reduce electricity consumption by 5% in 2007, 10% in 2014, with corresponding 10% and 20% peak reductions. Markham ECO Business Plan In June 2004, Markham retained the Canadian Urban Institute to prepare the Energy Conservation Office business plan. The business plan has been adapted based on the ongoing negotiations with PowerStream, Markham ECO and the Ontario Energy Board to establish the conservation demand management program. The ECO objectives are best achieved through an approach that builds industry connections and delivers direct programs focused on curbing energy demand. The Markham Energy Conservation Office will; ■ Solidify the partnership amongst PowerStream, Markham District Energy and Markham Business Enterprises ■ Develop partnerships with Enbridge and industry associations ■ Display local leadership and reach out to residents and businesses across Markham ■ Leverage funding opportunities from NRCan, Federation of Canadian Municipalities, Conservation Bureau and the Association of Municipalities of Ontario ■ Establish the Markham Energy Conservation Office programs in June 2005. —176— GENERAL COMMITTEE — NOVEMBER 15, 2005 REPORT TO Committee of the Whole June 14, 2005 - Page 4 - Programs are funded for each of the three years with the greatest expenditure incurred in the first year. The following section provides an overall description of the Markham ECO programs, environmental benefits and staffing. Markham District Energy Thermal Storage Project Will Compliment Markham ECO In addition, Markham District Energy will receive $150,000 in funding towards a thermal storage project. Markham District Energy is building a thermal storage chamber that cools water during off-peak periods and re -distributes to end users during peak demand periods. The storage chamber would allow existing customers to switch from their existing chillers and tap into an alternative cooling source, thereby reducing demand and conserving energy. DISCUSSION: The Markham ECO business plan proposes six programs which are highlighted in Table 1 (below). TABLE 1 is a summary of the demand shedding and cost avoidance targets for each program by the end of the third year. It is generally accepted that the cost to generate and distribute electricity is $0.11 per kwH. The savings from the conservation demand management program in TABLE 1 are based on a cost reduction of $0.11 per kwH. TABLE 1: Summary of Conservation imnact Program kwH Reduction Annual Cost Reduction ($.11 kwH) Implementation Cost 1. Better Building Partnerships 3,000,000 $330,000 $295,000 2. Advancing High Performance Buildings 1,250,000 $137,500 $285,000 3. Bringing "Cool Shops" to Markham 1,200,000 $132,000 $175,000 4. Combined Utility Metering Pilot 160,000 $17,600 $105,000 5. Energy and Environmental Management System software 200,000 $22,000 $70,000 6. At -Work Energy Conservation Program 800,000 $88,000 $70,000 Total 6,610,000 $727,1001 $1,000,000 Appendix B provides a high level overview and budget projection for each of the six programs in TABLE 1. The Markham ECO office will need to be adept at measuring current consumption patterns and load shedding impact of energy conservation programs as behavior change takes place. Measuring the demand reduction and demand avoidance impact of Markham ECO efforts will be required throughout the program lifecycle. For example, the Advancing High Performance Buildings program is focused on new designs, construction and operating approaches that will reduce the energy consumption of new infrastructure. Therefore there is a need t'o document existing benchmarks and measure the outputs from new buildings that participate in the Advancing High Performance Buildings —177— GENERAL COMMITTEE — NOVEMBER 15, 2005 REPORT TO Committee of the Whole June 14, 2005 - Page 5 - program. On average, high performance buildings (such as a certified Leadership in Energy and Environmental Design structure), achieve a 30% reduction in energy consumption. There are two key items to emphasize; ■ The Markham Energy Conservation Office demand management program is about future cost avoidance as much as it is about reducing existing consumption patterns. ■ Performance measurement will be a cornerstone of the program. This means that pre and post program measurements must be put into place for each energy conservation program. Successful energy conservation programs will allow existing consumers and future consumers to reduce their energy costs. However, it must be anticipated that development and growth within Markham will, at some point in time, consume demand that has been shed. Markham ECO Will Deliver a broad Environmental Benefit The greatest benefits and returns of the Markham ECO programs will accrue to individuals, the business community and the broader community. The Markham ECO programs are anticipated to create annual CO2 reductions of 5,800 tonnes (a credit toward Kyoto objectives) having a positive impact on air quality. In addition, early adopters in the business and residential hydro market will be provided with energy cost reductions/cost avoidance of $726,000 per annum at the end of the third year. The energy conservation program will demonstrate Markham's leadership and commitment to energy conservation and environmental sustainability. Markham ECO will set new municipal government benchmarks for conservation efforts within Canada and across North America. Energy Conservation Office will provide a Direct Benefit to the Town This report recommends that the Town of Markham invest $127,100 on an annual basis to provide two contract staff positions toward planning, organizing, leading and controlling the energy conservation program. The Town of Markham is anticipated to realize the following annual cost savings from the program; ■ Application of the Better Building Program to Town of Markham facilities is anticipated to create annual savings of $75,000 ■ Implementation of the high performance building program will provide cost avoidance of $35,000 in reduced energy bills for new facilities ■ Initiating the Employee Awareness conservation program is projected to reduce energy consumption by $88,000 ■ Purchasing the Energy and Environmental Management System (EEMS) software will provide a measurement tool related to energy, water and fuel consumption that will lead to cost reductions/avoidance of $22,000 To summarize, as the energy conservation_ program is fully implemented, the Town will invest $127,100 on an annual basis for staffing too -realize a direct cost savings/avoidance of $220,000 annually. —178— GENERAL COMMITTEE — NOVEMBER 15, 2005 REPORT TO Committee of the Whole June 14, 2005 - Page 6 - Program Cost Summary The total cost estimate of these projects over three years is $1,000,000. Program budgets include the cost of the Canadian Urban Institute involvement in implementation, program specific staffing, operating costs and communication. The Town of Markham will fund the Manager of the Markham Energy Conservation Office and one administrative support staff on a contract basis for $127,100 per annum. In addition the Town will provide office space for the Energy Conservation Office, information technology support, telecommunications and direct support from existing staff when appropriate. Simple Payback Projection If at the end of the third year, 100% of the energy efficiency cost avoidance and demand reduction targets identified in Table 1 are achieved, the pay back projection, including Town of Markham direct staff support, for the program is: $1,381,300/ $727,100 = 1.90 years or 23 months The specific programs and budget allocation for each program is attached in Appendix B. Markham ECO Staffing The Markham ECO will retain a combination of full time and part time contract staff. Markham ECO will retain two full time contract positions including; ■ Manager of Markham Energy Conservation Office ■ One Administrative Support staff The full time ECO contract staff will be funded by the Town at a cost of $127,100 on an annual basis. In addition, the conservation demand management budget through PowerStream will fund a number of part time and short-term full time contracts focused entirely on developing and implementing funded programs. This will include funding to retain expert knowledge for specific programs. The ECO Manager will be responsible for hiring staff, administration of the ECO conservation demand management program, applying for additional financial support, tracking performance and preparing reports on conservation demand outcomes to the CAO, Markham Council, PowerStream and the Province. With respect to the Energy and Environmental Management System (EEMS) software and the At -Work Energy Conservation Program, existing Town staff in the environmental leadership portfolio may take on a leadership role. Existing staff have a better understanding of the internal touch points and processes required to implement the EEMS program. This knowledge will streamline implementation. In addition, existing staff have gained some valuable experience with public education through the Idle Free Challenge, which can be applied to the At -Work Energy Conservation Program. Through5bt the lifecycle of the program, performance results will be tracked and reported through the Manager of the Energy Conservation Office. —179— GENERAL COMMITTEE — NOVEMBER 15, 2005 REPORT TO Committee of the Whole June 14, 2005 - Page 7 - Link ECO with Environmental Leadership to form a Project Management Team In the short term there is value in integrating the Markham ECO staff and the ECO program with the existing Environmental Leadership portfolio within the Strategic Services work group in the Community Services and Fire Commission. By the fall of 2005, this will create a project team of three managers, two within the Environmental Leadership portfolio and the ECO manager. Each manager will be responsible for specific environmental projects. The Energy Conservation Office and the Environmental Leadership project team will meet on a monthly basis. Linking this project team together will facilitate information sharing, pool resources and create a broader awareness of the environmental efforts within the organization. In addition, the Transportation Demand Management (TDM) program promotes a number of clean air programs. The TDM manager should attend these meetings to share information and coordinate efforts when appropriate. Reporting Outcome Achievements The Environmental Management Project Team, including the Markham ECO, will continue to report through the existing Town of Markham Committee structure. However, as the Markham ECO is established there will be a number of milestone meetings to review results of the energy conservation efforts and prepare reports for PowerStream and the Province. These meetings will be scheduled as required focusing on ECO project results. The Director of Strategic Initiatives will attend these meetings to facilitate communication to the Chief Administrative Officer and Commissioner group on conservation demand progress. This will help ensure that the energy conservation program secures support from across the whole organization as required. Once fully operational, the Markham Energy Conservation Office is expected to produce the following results; ■ Annual cost avoidance of $726,600 ■ Annual cost avoidance of $220,000 directly to the Town ■ Annual CO2 reductions of 5,800 tonnes toward Kyoto objectives ■ Additional leverage of partnerships with NRCan, FCM and OPA Conservation Bureau Progress reports will be provided on a quarterly basis. Retain Canadian Urban Institute to Establish the ECO Program It is recommended that the Canadian Urban Institute be retained to work on implementing, oversight and reporting on the Energy Conservation Office efforts. The Canadian Urban Institute created the ECO business plan, has expert knowledge of the energy market and a full understanding of the performance expectations for the Markham Energy Conservation Office. II is critical to the process to continue to engage the Canadian Urban Institute over the next year to hire the ECO Manager, establish the energy conservation program and download their expertise to Markham ECO staff. GENERAL COMMITTEE - NOVEMBER 15, 2005 REPORT TO Committee of the Whole June 14, 2005 - Page 8 - Environmental Management Plan The Town has retained CH2MHILL to assist in the preparation of an Environmental Management Plan (EMP). The EMP will prioritize internal organizational efforts to maximize our Kyoto Accord impact and to ensure that the Town is positioned to encourage environmental responsibility across the community. As part of the EMP process, staff will work with CH2MHILL to develop organizational design options that will support environmental initiatives over the long run. FINANCIAL CONSIDERATIONS: Financial considerations include: • Retain the Canadian Urban Institute to work on implementing, oversight and reporting on the Energy Conservation Office efforts from June 2005 through the end of March 2006. The cost estimate for this contract is to an upset limit of $65,000. Funding will be provided from the conservation demand management fund. • Hire a full time Markham Energy Conservation Office Manager and administrative support staff on a contract basis to be funded by the Town of Markham at a cost of $127,100 per annum. It is anticipated that the prorated (June through December) Town cost of staffing for the remainder of 2005 will be $63,500. The budget mandate of Markham ECO will be to operate within the approved conservation demand management budget funding of $1,000,000 over three years. The funding allocation is $500,000 in 2005, $250,000 in 2006 and $250,000 in 2007. CONCLUSION: Markham's strategic vision and planning process has positioned the Town to anticipate and implement effective and efficient environmental programs. The Markham ECO is one example of the benefits of strategic planning. The Markham ECO will provide significant environmental benefits to the Town. The Energy Conservation Office will improve air quality, implement programs leading to energy conservation, provide opportunities for creating a conservation culture in the provision of future infrastructure and set a leadership example for municipalities across the country. In addition, the Markham ECO program represents an investment that provides a medium and long-term return on investment. BUSINESS UNITS CONSULTED AND AFFECTED: CAO's Office Corporate Services Community and Fire Services Markham District Energy, Inc. —181— GENERAL COMMITTEE — NOVEMBER 15, 2005 REPORT TO Committee of the Whole June 14, 2005 Page 9 - ATTACHMENTS: Appendix A Letter of Engagement from PowerStream May 13, 2005 Appendix B Proposed Markham ECO programs and budget for approved CDM programs Anne Pozywiak, Director of Strategic Initiatives Jim Sales, Commissioner of Community & Fire Services Q:kamme..WPORTS M9COAoc Stuart Taylor, Director of Strategic Services John Livey, Chief Administrative Officer —182— GENERAL COMMITTEE — NOVEMBER 15, 2005 E10 Memo To: Bob Panizza, Director of Corporate Services From: W. H. Jackson, Director of Public Works CC: John Rogers, C.A.O. Date: November 10, 2005 Re: Remedial Action Plan — 50 Industrial Parkway South At the Council meeting of November 8, 2005 under "Other Business", I was asked to submit my letter of November 3, 2005 to Mr. Ed Harvey of Petro Canada regarding the above matter to a meeting of Council. Accordingly, I attach my letter herewith and request that you include it on the agenda for the General Committee meeting of November 15, 2005. Please note that my letter had an attachment that consisted of almost 50 pages of specifications for the reconstruction of roads in Aurora. In the interest of brevity, I have not included that attachment in my submission to you. Anybody wishing a copy of that attachment can obtain it through the Public Works Department. W. H. Director of Public Works Attachment —183— GEN)r MM I TTEE DEP2ViRETMENT 6 PUBLIC WORKS A�`�'''^ �� Reply Attention: Wire Jackson, Public W j�.j'`- Director of Public Works (905) 727-1375, Extension 4371 y0�0,e,iK, rood �o November 3, 2005 Mr. Ed Harvey, P. Eng. Petro -Canada Central Business Region Centre 3275 Rebecca Street Oakville, Ontario L6L 6N5 Dear Mr. Harvey: Re: Remedial Action Plan — 50 industrial Parkway South 1 Municipal Drive Box 1000,Aurcra, ON AG 6J1 www.e-aurora.ca I refer to our meeting of October 31, 2005 and the following documents you have submitted with respect to your Retail Outlet No. 04616, 50 Industrial. Parkway South in Aurora: • Proposed Conceptual Remedial Action Plan, dated October 6, 2005; and • Proposed Supplemental Environmental Investigation, dated October 6, 2005. As agreed, we present below our "understanding" of the Proposed Conceptual Remedial Action Plan ("the RAP") and the discussion we had at the above noted meeting. In general, the Town of Aurora ("the Town") concurs with the approach described in the RAP and we look forward to an early conclusion to this matter. The Town is in favour of Petro -Canada proceeding with the Proposed Conceptual RAP concurrent with the Proposed Supplemental Environmental Investigation. As you can appreciate, the Town .is particularly concerned that contamination has been found around the watermain. Accordingly, a number of our comments below highlight this concern. Road Closure 1. The Town will receive a traffic control plan for review and approval prior to . commencement of the remedial excavation. 2. The Town understands the excavation on the Town's property will be sequenced so as to minimize traffic disruption and, in the overall process, the road Right -of - Way will be excavated first prior to excavation on the Petro -Canada property. Proposed Conceptual RAP 3. The lateral extent of the excavation will be extended further to the south than shown on Figure 14 of the RAP to include areas where LNAPL has been identified historically (such as the fire hydrant and MW408). 4. The excavation will be extended to the east side of the watermain (although it is not shown as such in the RAP) as far as is necessary to ensure all contamination adjacent to the watermain is removed. —184— GENERAL COMMITTEE — NppV�MBE� 1 2005 5. The Town requires tfiat in acLdition�b removal of LNAPL and MTBE, all impacts (soil and groundwater) above MOE Regulation 153/04 Table 2 standards be removed. Of particular importance to the Town of Aurora, is the removal of contaminated soil and groundwater around the water main. The Town will consider alternative management arrangements to this rule where it is agreed by both parties that this is appropriate. 6. The Town understands that confirmatory floor and wall samples will be collected from the excavation limits. Prior to backfilling the excavation, the Town is to receive field and analytical results for review. The Town's review will be prompt and immediate so as not to interfere with the progress of the remediation. Water Main 7. Prior to commencement of the remedial excavation, the Town will receive further information from Petro -Canada on how you plan to maintain and manage the water main during the excavation. 8. Petro -Canada will be responsible for maintaining the integrity of the water main during the excavation. If the Town so wishes, the Town will have the opportunity to replace the water main during the remedial excavation and will do so at our own cost. Any inferred cost from the excavation will still be the responsibility of Petro -Canada. The Town will advise Petro -Canada of our intent to replace the water main prior to commencement of the remedial excavation. Restoration 9. The Town of Aurora understands that the excavated area will be restored appropriately. To this end, I have attached a complete Tender Precedent document for the reconstruction of roadways. Within this document is the information your contractor will require to restore the roadway to our specifications. We request that we meet with your contractor prior to starting the excavation to ensure everybody understands the requirements. 10. The Town understands that additional monitoring wells will be installed after completion of the remedial excavation. The Town requires that we review and approve the locations of the proposed monitoring wells on the Town's property. In this regard, the Town requests that sufficient sentry monitoring wells be positioned up gradient (or west) of the proposed groundwater drainage system (whether that be on Petro -Canada's or the Town's property). Reporting 11. Upon completion of the remedial excavation, the Town will receive a complete report on the remediation including results of the sampling, supplemental investigation and as -built (surveyed) drawings for any remediation infrastructure (i.e. groundwater drainage system). 12. Continuing from the above noted completion report, the Town will receive sufficient notice of the intent to sample monitoring wells on the Town property as per the access agreement and the Town will receive a report in a timely fashion on the results of this work. —185— GENERAL COMMITTEE — NOVEMBER 15, 2005 Compensation for Consultant Fees 13, The Town requests compensation from Petro -Canada for the costs incurred from the engagement of an independent consultant. Details of this matter will be submitted to you under separate cover. Long Term Plan 14. The Town requests that a plan view drawing of the groundwater drainage system be issued to the Town for review prior to installation of the drainage system. 15, The Town understands that a component of the Long Term Plan is monitoring and sampling. Where residual contamination is present on Town property following the excavation, the Town requests that a risk assessment be completed by Petro -Canada to ensure that residual contamination does not pose a risk to human health and ecological receptors. The risk assessment is to be completed in accordance with Regulation 153/04 with the exception of the requirement to submit to the Ministry of Environment for review. If the risk assessment indicates there is a risk, then the Town will require of Petro -Canada further action through either a risk management plan or remediation. 16, The Town requests that at the completion of the remedial excavation the Long Term Plan be submitted to the Town of Aurora for review and approval. Within this Long Term Plan, levels or conditions that trigger further action should be documented. 17. The Town expects to receive copies of the monitoring and sampling results of the Long Term Plan on a timely basis. in addition to the above matters, the Town wishes to see the remediation plan implemented as soon as possible, Accordingly, I will be pleased to receive your acceptance of the above matters and your proposed timetable for implementation at your earliest convenience. Yours truly, W. Jackson, P. Eng. Director of Public Works Attachment Cc Mayor and Members of Council Environmental Advisory Committee Ms. Meggen Janes Mr. Glen Palmer. TSSA Mr. Ken Slack. TSSA GENERAL COMMITTEE - NOVEMBER 15, 2005 GE94DA ITEM # 13 'TOWN OF AURORA GENERAL COMMITTEE REPORT No. ADMOS-022 SUBJECT: Library Square FROM: John S. Rogers, Chief Administrative Officer DATE: November 15, 2005 RECOMMENDATION THAT Council hold a Special General Committee Meeting to discuss Library Square. BACKGROUND Council at its September 27th, 2005 meeting requested that the "matter regarding the disposition of Library Square be referred to staff for a report to the October 18th, 2005 General Committee Meeting" due to the volume of information involved it has been necessary to wait until the November 15th General Committee Meeting to provide Committee with this report. This report is meant to provide Committee with sufficient background to have a discussion to determine the direction it wishes to proceed in. Attached to this report as Appendices A & B are summaries of thevariousreports and recommendations, firstly from the Library Square Ad Hoc Committee (Appendix A) and then the Library Square Report Summary (Appendix B). As Committee will note there have been substantial discussions relating to Library Square and the disposition of the buildings. To summarize, Council decided at its meeting of November 23rd, 2004 to lease the space in the buildings after approximately $377,000.00 renovations had taken place. Prospective tenants were to submit Expressions of Interest based on a willingness to pay $9.00 a square foot per year for space occupied by the organization. The Leisure Services Advisory Committee would recommend tenants for the building once it evaluated the Expressions of Interest based on predetermined evaluation criteria. The recommendations were made to Council, however, Council has not accepted the recommendations. COMMENTS This report is intended to provide Council with some options for discussion and the options are set forth in the "Options" section of this report. Staff anticipates that this discussion will take a significant amount of time and are therefore recommending a Special General Committee Meeting be held in order to provide Committee with sufficient time to fully discuss all of the options. —187— GENERAL COMMITTEE — NOVEMBER 15, 2005 November 15, 2005 - 2 - Report No. ADM05-022 It should be noted that if an option other than leasing the facility is to be adopted by Committee then it would be appropriate for Committee to recommend to Council that the original decision made at the November 23'd, 2004 Council Meeting be rescinded so that only one disposition of the property is on the record. OPTIONS There would appear to be a number of options available to Committee some options are set out below: 1. General Committee initiate a new review of the expression of interest utilizing a new matrix. 2. Accept the recommendations of the Leisure Services Advisory Committee with appropriate amendments. 3. Declare the land and buildings surplus and sell them on the open market. 4. General Committee undertake its own review of the Expressions of Interest utilizing the current matrix approved by General Committee. 5. Demolish some or all of the buildings on the property to increase parking for the Library and Church Street School after assessing the need for parking in the area. 6. Find a primary tenant and lease the buildings to the primary tenant for $1.00 per year on the basis that the primary tenant would be responsible for all capital repairs including the $377,000.00 of renovations determined to be required to bring the buildings up to appropriate standards. 7. Use some or all of the facilities for Town purposes. These options are provided to Committee to indicate options that have been raised in the past and some that are as a result of more recent developments, FINANCIAL IMPLICATIONS Each of the options has financial implications which would be discussed in more detail at the suggested Special General Committee Meeting. LINK TO STRATEGIC PLAN Goal A — Speaks to maintaining a well managed and fiscally responsible municipality. Goal D — Speaks to conserving our natural and cultural heritage. Goal E — Speaks to promoting accessible municipal government. GENERAL COMMITTEE — NOVEMBER 15, 2005 November 15, 2005 - 3 - Report No. ADM05-022 ATTACHMENTS Library Square Ad Hoc Committee - Appendix A Library Square Report Summary - Appendix B CONCLUSIONS This report is providing some options Council may wish to consider regarding the disposition of the lands and buildings at Library Square. A Special General Committee meeting is suggested to allow for a full discussion of the issue. 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Lo 0-0 {)) (D GENERAL COMMITTEE - NOVEMBER 15, 2005 11 AUwxzA EXTRACT FROM COUNCIL MEETING NO. 05-31 HELD ON TUESDAY, SEPTEMBER 27, 2005 LS05-053 - Selection of Proposed Applicants for Lease of Library Square Moved by Councillor Buck Seconded by Councillor Wallace THAT Report LS05-053 - Selection of Proposed Applicants for Lease of Library Square be received for information. CARRIED Moved by Councillor Hogg Seconded by Councillor Wallace THAT the matter regarding the disposition of Library Square be referred to staff for a report to the October 18, 2005 General Committee meeting. CARRIED CORRESPONDENCE SENT BY.• ACTION DEPT: INFO DEPT.: Leisure Services Legal, Pending (October 18 - GC) -200- GENERAL COMMITTEE — NOVEMBER 15, 2005 'TOWN OF AURORA GENERAL COMMITTEE REPORT SUBJECT: Newspaper Distribution Boxes FROM: Bob Panizza, Director of Corporate Services DATE: November 15, 2005 RECOMMENDATIONS AGENDA ITEM #14j No. CS05-033 THAT the report entitled Newspaper Distribution Boxes be received; and Should Council wish to pursue regulating newspaper distribution boxes, that staff be directed report back with a draft by-law which includes amongst other matters, site location and restrictions. BACKGROUND Council earlier this year requested that staff advise what by-laws are in place to restrict the proliferation of newspaper & magazine distribution boxes on street corners in Town. In the response to this inquiry, it appears that the Town has no mechanisms in place which address the issue of newspaper boxes, in particular restrictions on the placement or location of such vending boxes. Nevertheless, in response to Council's concern, staff has researched the various approaches taken by other municipalities in the GTA in addressing this issue. The review confirmed that several municipalities namely, Toronto, Oshawa, Pickering, Mississauga, Richmond Hill and Vaughan have measures in place to control the number and locations of newspaper boxes within their respective municipality. These measures vary somewhat, for example the City of Toronto provides specially designed metal racks that maintain up to four newspaper boxes along the city sidewalks. Alternatively Oshawa, Pickering and Vaughan require newspaper boxes to be mounted on special concrete pads that are installed by the municipality at a cost which is billed back to the newspaper companies. COMMENTS The proposal to regulate newspaper distribution boxes in the Town was previously addressed in a report to Council in May 2002. At that time Council selected to receive the staff report with no further action contemplated. —201— GENERAL COMMITTEE - NOVEMBER 15, 2005 November 15, 2005 - 2 - Report No. CS05-033 Historically in the past newspaper distribution .boxes were limited to two or three publications such as the Toronto Star, the Sun and the Globe & Mail. However due to market demands additional publications have started to utilize this format for the distribution of their publications. These include real estate, auto sales and other newspaper publications. A recent survey conducted by staff reveals that there are currently 20 locations where newspaper distribution boxes are located particularly on the Yonge St. and Wellington St. corridor. It is estimated that there are approximately 80 to 100 newspaper boxes within these locations. The Municipal Act, 2001, provides authority for municipalities to control and restrict the placement and location of newspaper vending boxes within the municipality. As littering is and can become a significant problem resulting from the existence of newspaper boxes, Council may wish to exercise its authority in determining that such boxes are or can become or cause a public nuisance and, thereby put measures in place to regulate them. Council may also wish to impose special provisions to limit the number and locations of distribution boxes as well as ensure that they are properly maintained on a pad mount or metal rack in order to improve on the streetscape visibility for pedestrians and motorists. Priorto presenting a regulating by-law, staff respectfully requests direction on the preferred option Council may wish to pursue. As part of new measures imposed by by-law, should Council direct to proceed in this manner, staff would consult with the vending owners to assure a smooth integration of such a new process. OPTIONS 1. That the Town not pursue any action and maintain the status quo with respect to newspaper distribution boxes. 2. That staff report back with a draft by-law which includes amongst other matters, site location options and restrictions. FINANCIAL IMPLICATIONS Should Council direct that a by-law be brought forward to control the placement and numbers of newspaper vending boxes, appropriate fees would need to be charged for same. LINK TO STRATEGIC PLAN Goal A To maintain a well -managed and fiscally responsible municipality. -202- GENERAL COMMITTEE - NOVEMBER 15, 2005 November 15, 2005 - 3 - Report No. CS05-033 ATTACHMENTS Appendix #1 — example of an existing location (Kennedy St. & Yonge St.) Appendix #2 — example of pad mount unit (City of Pickering) PRE -SUBMISSION REVIEW Management Team — November 9, 2005 Prepared by: Bob Panizza, ext. 4221 &rn Bob Panizza Director, Corporate Services -203- 3 ;�- GENERAL COMMITTEE - NOVEMBER 15, 2005 [AGENDA ITEM1 MEMO To: Mayor and Members of Council From: Councillor Phyllis Moms Date: November 11, 2005 Subject: Federation of Canadian Municipalities / National Board of Directors Meeting I would like to request Council's support and funding for me to attend the Federation of Canadian Municipalities / National Board of Directors' Meeting in Ottawa from November 30th — December 3, 2005. The Federation of Canadian Municipalities (FCM) has been the national voice of municipal government since 1901, dedicated to improving the quality of life in all communities by promoting strong, effective and accountable municipal government. I serve on three standing committees: "International Relations", "Environmental and Sustainable Issues", and "Increasing Women's Participation in Municipal Government". I intend to carpool to Ottawa to help save costs and fuel. Mindful of the cost to the taxpayer, I would appreciate funding of $300 which would help defray the cost of my total expenses. Councillor Phyllis Morris -206- GENERAL COMMITTEE - NOVEMBER 15, 2005 99ove mince zooine George B. Cuff CORP. SERVICES DEPT. COPIES CIRCULATED TO! Members of Council C.A.O. Directors Other Council Attendance at •, .i. e is , ;_�� (Part Ideas for this column come from a variety of sources, most often some of my own observations based. on a life- time of consulting with local govern- ments across Canada. I do, however, rely on the calls, letters and a -mails from colleagues, associates and those in the field who ask questions to which I attempt to respond and then file away in the deep recesses of my mind, hopefully to have them flood back at an appropri- ate hour. This column was borne out of all of the above, but stimulated in par- ticular by a call from a respected mem- ber of the Edmonton media who called to ask about my take on whether or not council members ought to be taking their spouse to a conference at the ex- pense of the municipality. The question and my response ran into several facets of this topic and these (with the usual elaboration) follow. Why Are Members of Council Entitled to Attend? Belonging to a wide variety of asso- ciations (local, provincial and national) is a significant part of the business of any municipal council. Members of council are assigned to serve as repre- sentatives of council on many boards, agencies and associations and, as a part of their membership, council may be in- vited to send a delegate to the provin- cial or national conference of such orga- nizations. The community library or recreation board are two quick exam- ples that come to mind. The local orga- nization holds membership in their pro- vincial and/or national association, and members are invited to attend the annual conference. The second example is that of the municipality belonging to a provincial or national organization, which most do. Thus, the communities of Nova Scotia belong to the Union of Nova Scotia Municipalities; those in Ontario to the Association of Municipalities of On- tario; those in other provinces to their counterparts. As well, more and more municipalities across Canada have de- cided to join the national association that represents municipalities, the Fed- eration of Canadian Municipalities. Their membership entitles all or a portion of the council to attend as voting members. The value to the association clearly lies in the fact that with an increasing ' number of members comes a heightened awareness of the political leaders (either provincially or federally) and their ad- ministrations. Numbers count. Where an association representing a broad cross-section of community leaders ex- press, major concerns about a current or proposed position of the government, it quickly has the attention of those in po- litical leader*p. (Whether or not the George B. Cuff, CMC is aManagement Consultant with 25 years of Involvement In various lo- cal government roles. He is also author of the book Cuffs Guide for Municlpai Leaders, pub. lished by Municipal World. - government responds as requested is another matter). Simply, the better the association is able to convince its pro- spective members that their membership is important both to the members and to the association, the more likely the members are to join and to stay committed to the positions and policies of the association. Doctors belong to their respective professional associations; teachers to theirs; lawyers to theirs, and so on. Each serves a purpose, and each main- tains its vitality based on the ongoing interest and support of its members. Lo- cally elected representatives are entitled to belong to those associations that rep- resent their interests on a broader stage. Why Attend a Conference? Simply belonging to an association and attending the annual conference are two different issues. Passive member- ship, while acceptable given that num- bers matter and fees are paid, carries with it limited value. Members may re- ceive newsletters or other publications and will be made aware of new issues of concern to the association. Individual municipalities may argue that they be- long to's provincial association that is entitled to send one or more of its direc- tors to the national body, and that their individual attendance is thus of lesser importance. Others, who have attended in recent years, may reflect on the value of being present to hear the debates and to meet those charged with shaping policy that may have a tremendous —207— Municipal World SEPTEMSER 2005 49 Alan,d% 1wa tits Minutes Ontario Assessment Legislation Prepared in consultation with lack Allen Walker, P.C. and AndyAnstett INCLUDES Updated Rules of Practice and I Procedure for the Assessment Review Board. This consolidation offers the most thorough collection of laws available and includes the Assessment Act and regulations; Municipal PmoerryAssessment Corporation Act, 1997; irelevant sections of the Municipal Act and regulations... and much more! Parfambound • 690 pp. • June 2005 ` Standing order $65 • P/C D836140000 Current edition only $75 • P/C 0838010009 ISSN 1198-3012 • Multiple copy discounts availahle Ontario Municipal Legislation (Formerly The Ontario Municipal Act) This latest edition contains a section -by -section concordance with the MunkipatAct, R.S.O. 1990, c. M.45; a comprehensive subject index; legislative history for each section ... and more! NEW relevant Municipal Act regulations Perlecthound • 434 pp. • May 2005 Standing order $63 • P/C 9809140000 Current edition only $73 • P/C 0809010000 ISSN 1195-0188 • Multiple copy discounts available Ontario Planning Legislation Prepared in consultation with Paul Perell Tannery Ontario Planning Act) Includes 26 regulations! This consolidation reflects the changes made during the past year, and includes the completely updated Planning Act; a table of contents that lists the subject matter of each section of the Act to speed your access to the material ... and more! Perfecthound • 234 pp. • lone 2005 Standing order $54 • P/C 0812140000 Current edition only $64 • P/C 0812019009 ISSN I198.211X • Multiple copy discounts available. Ontario Environmental Legislation Prepared In consultation with Dianne Saxe Bill 133, Environmental Enforcement Statute Law Amendment Act, 2005. came into fume on June 13, f 2005. This new act is Included in this two -volume j consolidation. NEW in 2095; Municipalities, e Secured Creditors, Receivers, Trustees in Bankruptcy and Fiduciaries — Part XV.2 of the Act, O.Reg. 298/02 and Watar Taking and Transfer, {, Hall. 387/04 Perfectbeund • Vol. 1-798 pp., Vol. 2-564 pp July 2095 • Standing order $84 • P/C 0000140000 Current edition only $94 • P/C 0800910000 ISSN 1195-163X • Multiple copy discounts available For a 30-day, no -risk evaluation 1, "wa°Ai call: 1.8002fi3.2037 11550 www.canadalawhook.ca �*kww a e"mor mnn m wm rvoin, em�n �mrwn �m mxi. ai.n.nMl mdmgegFeurvhynJmgqL'mlew¢ 3, E NOVEMBER 15, 2005 impact on municipal life. Council members who stay at home, refusing to attend even their provincial association often argue that they were elected to deal with the local issues, and that they are "saving the taxpayer hard-earned dollars" by refusing to join the council delegation to the conference. They enjoy the media coverage as their comments with regard to 'wasteful jun- kets" hit the proverbial fan, and their col- leagues are asked to justify why they would attend this or that conference. The "stay at home" philosophy, while appeal- ing to those whose thinking stays peril- ously close to neutral, results in a myopic view of the world. It fosters a limited un- derstanding of the broader perspective gained by knowing important issues are being debated— and sometime resolved — at a national or provincial level. Who Should Each Council Send? The degree of representation that makes sense and can be justified varies considerably from one municipality to another. A very small community — say under 2500 population — may feel they cannot afford to send someone every year. Thus they may either develop a ro- tational policy, or might send the mayor every second year, to a national confer- ence, with the mayor and one other mem- ber selected to attend the provincial con- ference annually. Communities under 10,000 population may feel justified in sending all members to the provincial conference, and the mayor plus two oth- ers to the national conference, and so on. Larger cities and districts may determine that they need to be seen en manse at such events in order to exercise greater sway over unfolding policy. Or, they may, have a budget set aside for each member of council to utilize during the course of each year; thus, attendance becomes based more on the availability of budget than individual circumstances. In some instances, the association may have a weighted voting rule that entitles mem- bers of a certain size to have a certain number of voting delegates and, as a re- sult, the comimMity may decide to send only those members who are allocated a vote. While this may seem reasonable, the fact that one is allowed to exercise a vote on resolutions at the annual general meeting is only one of the many values in being in attendance. The simple answer as to who each council should send will likely be an- sweied somewhat differently by various sizes of municipalities based on such factors as: ► the size of the municipality and thus the budget capacity; ► the history of the municipality with respect to sending delegates to conferences; ► the policy of the municipality re- garding who is allowed to attend what conferences, how frequently, and at what maximum expenditure per member of council; ► whether or not the municipality has someone in a leadership capacity in the association; ► whether or not the association's voting rules designate a certain number of voting delegates for each size of municipality; ► whether or not the municipality has determined they should submit a bid to host a future conference; and ► the topics of interest on the agenda of the annual meeting. And So ... This message should be clear. Atten- dance at conferences is generally quite valuable. It should be left to each coun- cil to determine which associations it chooses to belong to and for what rea- sons. Membership in the provincial as- sociation of municipalities and the . FCM, however, should be considered a given. Both are doing their utmost to provide quality services and to make a difference that benefits all of their members. Next month, I will look at a few of the media sensitive and often challeng- ing issues such as: can conference at- tendance be abused; should spouses be encouraged to attend and if so, at whose cost; does a community really benefit from these meetings, or are they more of a nice way to say "thank you" to the hard working folks who serve our communities in leadership posi- tions; and what type of issues should such sessions cover. \.IlV 50 SEPTEMBER 2005 Municipal World -208- GENERAL COMMITTEE - NOVEMBER 15, 2005 I NIITEM 1 'TOWN OF AURORA GENERAL COMMITTEE REPORT No. CS05-035 SUBJECT: Council Pending List -Status Report FROM: Bob Panizza, Director of Corporate Services DATE: November 15, 2005 RECOMMENDATION THAT CS05-035 be received for information purposes. BACKGROUND Attached is a list of pending matters from Council. The list supersedes the October Pending List and is intended for information purposes. The text in bold and italics represents changes in status since the last distribution. COMMENTS All outstanding matters originating from or referred to an advisory committee are identified in a separate pending list. The advisory committee pending lists are circulated with the respective advisory committee agenda for consideration. OPTIONS None FINANCIAL IMPLICATIONS None CONCLUSIONS None -- -209- GENERAL COMMITTEE - NOVEMBER 15, 2005 October 18, 2005 - 2 - Report No. CS05-031 LINK TO STRATEGIC PLAN Goal A: Maintaining a well managed and fiscally responsible municipality Goal E: To promote accessible municipal government ATTACHMENTS 1 - Council Pending List PRE -SUBMISSION REVIEW Senior Management Team - November 9, 2005 Prepared by: Karen Ewart, Administrative Co-ordinator/Deputy Clerk ext. 4222 Bob Panizza Director of Corporate Services -210- ENER L N MM I TT E - NO EMBERS 1 , d100 o-z � M o a - a) '� oa E o u) E N 0 0 0 F �w 0 N N � U U O y U o N N y J O Q 00 - N l 0 ,D C 0 0 O o oo -o _ m 1 o o b r E w o 0 E o E K.� Z o K�= ) m i a) m a) U E m 0 O N U a) Q N UO 01 uJ -O � L >' m U C dS = Q N O 0 n ,� w N 0 C c N L cr lq a) O '0co w ID o o m E - -0 co° oma) cc o° Qv-- 0 o) ° Noo.NQ m U C C L N O a) O U _ .V N 'O .O a) U a) CO zN N 3°Eaoa90 o-3°>0 m_ a) yrmo 3 _ c~ ww a) c o a)w �. 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Z o o 0 C, O V C C L v O p m m Q7 lQ - C d m ma oiL f = N 0,2 m N C O �+ N 4 0 O o r- a� o 3 m m a o u - o an d yw 1- 3 0 N �cooc �LOm o -a� ���' $.2 U 'O O N N N Q O O U O7 y L N 'O N LO O O V O L O -° d O C m Q rn2 U H F) a2 Z 0] Q N w Q m za _o O) C C L° O o U _ LL d 4� N Q F w o `o- aLL m c m 0 3 m LG-o m w m d p o � N O O O O = _ d d m N o 0.o j o ° o,CD ° a m 5 ~ U ti L° LO LO LO 16 a� � N Z T � � ° N � 4) O a) ti o o N o LO toh Z �, W ¢ N N 0 0 W 0 02 O O Z 2 J 9 I ADDITIONAL ITEMS TABLED FOR GENERAL COMMITTEE MEETING Tuesday, November 15, 2005 ➢ Delegation request from Ms Rebecca Beaton to address the Committee regarding the following items: • Item 1 - LS05-057 — Seniors' Centre Sponsorship • Item 5 - TR05-032 — New Recreation Complex — Financial Update • Item 7 - TR05-033 — Hydro Reserve Fund Investments ➢ Correspondence from Mr. Larry Dekkema of Ballymore Homes Re: Item 4 - PL05-107 —Servicing Allocation — By-law 4721-05.D ➢ Memorandum from Ms Karen Ewart - Administrative Co-ordinator/ Deputy Clerk Re: Revisions to the 2006 Proposed Meeting Schedule a�Y RJIE www.ballymorchomcs.com November 15, 2005 Mayor and Members of Council Town of Aurora 1 Municipal Way Aurora, ON L4G bJ 1 Dear Mr. Mayor and Members of Council: RE: NOVEMBER 15 2005 GENERAL COMMITTEE REPORT ON SERVICING ALLOCATION PL05-107 Ballymore is keenly interested in the Allocation of Servicing issue. Unfortunately we cannot attend tonight's General Committee to address you in person due to previous commitments. We hope that these written comments will be useful to Members of Council. We have read the above referenced report, and support its recommendation. In addition, we wish to highlight one matter that was discussed at the September 20, 2005 General Committee meeting. At that meeting, Council directed staff "...to prepare a matrix describing the various applications relative to the policy for allocation in its approved form, which would assist Council in corning to conclusions on the various applications." Again, Ballymore supports that Direction. In reviewing the September 20th Staff Report, in light of the resolution of Council, we feel that there are three additional criteria that Council may want to include in the evaluation matrix. Our suggested criteria, to simplify the allocation process, are: 1. If staff has recommended that an application/file be closed, then that project should be removed from the list; 2. If the landowner has "expressed an interest' in proceeding, but has not submitted a complete application (with fees paid, etc), then that project should be ranked as a very low priority; and 3. If an application is listed as "on hold" by staff, then that application should be ranked as low priority. 12840 Yonge Street, Suite 200, Richmond Hill, Ontario L4E 4H1 Tel: (905) 773-1048 Fax: (905) 773-4293 We respectfully suggest that it is in the best interest of the Town and fair to landowners who have diligently worked with staff to advance real proposals, to include in the matrix a means of allocating capacity to those projects with the best opportunity to proceed. Thank you for considering this request. (BATHURST) CORP. Cc: Mr John Rogers, Chief Administrative Officer Mrs. Susan Seibert, Director of Planning and Development Services. I Municipal Drive Aux3d-�P,A Box 1000, Aurora, ON L4G 611 www.e-aurora.ca ,Yarti'Ye� 4f& Good, ComtpaV Corporate Services Clerk's Division Tel: 905-727-1375 Ext. 4222 Fax: 905-726-4732 e-mail : kewart a(�e-aurora.ca MEMORANDUM To: Mayor and Members of Council From: Karen Ewart, Administrative Co-ordinator/Deputy Clerk Date: November 15, 2005 Re: 2006 Meeting Schedule Please be advised that there have been two minor adjustments made to the 2006 Meeting Schedule as a result of recent advisory committee meetings. The changes are as follows: Heritage Advisory Committee of Aurora currently: 2nd Monday of the month (excluding July and August) amend to: 4th Monday of the month (excluding July and August) Accessibility Advisory Committee currently: 4th Thursday of the month (excluding July and August) at 3:00 p.m. amend to: 4th Thursday of the month (excluding July and August) at 3:30 p.m. A revised meeting schedule will be circulated to all Members of Council and staff, upon approval.