Agenda - General Committee - 20060919GENERAL co
AGENDA
NO.06-15
ITTEE
TUESBAY, MEMBER A 2006
7:00 P.M.
COUNCIL
TOWN NALL
PUBLIC RELEASE
15/09/06
TOWN OF AURORA
GENERAL COMMITTEE MEETING
AGENDA
NO. 06-15
Tuesday, September 19, 2006
7:00 p.m.
CLOSED SESSION AT 6:00 P.M. - TANNERY ROOM
Regarding Property/Legal Matters
(Agenda under separate cover)
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 ADOPTION OF THE MINUTES
IV DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
V ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
VI NEW BUSINESS/GENERAL INFORMATION -COUNCILLORS
General Committee Meeting No. 06-15 Page 2 of 20
Tuesday, September 19, 2006
Vll DELEGATIONS
(a) Mr. Rahul Bhardwaj of the United Way - York Region pg. D-1
Re: 2006 United Way Campaign Update
VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
IX CLOSED SESSION
None
X ADJOURNMENT
General Committee Meeting No. 06-15 Page 3 of 20
Tuesday, September 19, 2006
AGENDA ITEMS
1. FACO6-02 — August 22, 2006 Finance Advisory Committee pg. 1
No Quorum Report
1. Committee Record
THAT the August 22, 2006 Finance Advisory Committee no quorum report
be received for information.
2. AHC06-08 — August 21, 2006 Heritage Advisory Committee pg. 2
Meeting
1. THAT the Committee Record of the Heritage Advisory Committee of
Aurora Meeting held on August 21, 2006 be received for information and
the following recommendations of Heritage Advisory Committee of Aurora
be endorsed:
2. 260 Wellington St. — Demolition Application
THAT the owner be requested to make the building available for
relocation, or for salvage, at no cost to the Town, for the Heritage Advisory
Committee of Aurora Architectural Salvage Program; and
THAT the owner be requested to advertise the availability of remaining
components to the general public; and
THAT the owner be requested to provide an interpretive plaque and/or a
historically significant feature documenting the history of the building.
3. 13777, 13795, 13815 Yonge St. & 74 Old Bloomington Rd — Draft Plan of
Condominium
THAT the owner be requested to secure the services of a qualified
engineer and experienced mover of heritage buildings to determine if the
building can be moved.
4. 15356 Yonge St. — Site Plan Application
THAT the Heritage Advisory Committee has no objections for site plan
approval File D11-13-06 for 15356 Yonge Street; and
THAT the Community Planner be delegated authority for review,
commentary and approval of detailed architectural elevations with respect
to the proposal; and
General Committee Meeting No. 06-15
Tuesday, September 19, 2006
Page 4 of 20
THAT the owner be thanked for their commitment to preserve the existing
heritage resource and to maintain the character of the neighbourhood.
5. 15032 Yonge St. — Site Plan Application
THAT the application for site -plan control for improvements to Elmwood
Lodge, 15032 Yonge Street be endorsed; and
THAT the Site Plan Agreement include reference to any outstanding
requirements as noted in the recommendation of the Heritage Advisory
Committee from September 2005; and
THAT authority for endorsement of any additional works associated with
the subject application, on behalf of the heritage Advisory Committee, are
to be delegated to the Community Planner; and
THAT the owners be commended for their commitment to the preservation
of this important Aurora landmark.
6. 14425 Bayview Ave. — Zoning By-law & Draft Plan of Subdivision
THAT the information concerning the applications for Zoning By-law
Amendment and Draft Plan of Subdivision for 14425 Bayview Avenue be
received; and
THAT the draft conditions recommended by the Community Planner be
supported; and
THAT the designation of the heritage building at 14425 Bayview Avenue
under Part IV of the Ontario Heritage Act be supported; and
THAT the applicant be commended for their efforts to preserve a
significant Aurora Heritage Building.
7. 58 Wellington St. E. — Proposed Alterations
THAT the renovation approach for the heritage building at 58 Wellington
Street East, with suggested modification as described in the memorandum
from the Community Planner dated June 19, 2006, be supported; and
THAT final approval of the details of the rehabilitation program for the
property at 58 Wellington Street East, is to be delegated to the Community
Planner.
General Committee Meeting No. 06-15 Page 5 of 20
Tuesday, September 19, 2006
8. Hillary House — Restoration Plans
THAT the memorandum from the Community Planner regarding the Hillary
House Barn, 15372 Yonge Street, Restoration Plans, be received for
information.
9. Hartman House — Demolition
THAT the verbal update from the Community Planner regarding the
Demolition of the Hartman House, be received for information.
10. 138 Temperance St. — Proposed Renovation
THAT the information from the Community Planner regarding the
proposed renovation at 138 Temperance Street, be received for
information.
11, 52 Spruce St. — Updated Elevations
THAT the information regarding updated elevations for 52 Spruce Street
be received for information.
12. 50 Mill St. — Proposed Veranda
THAT the information regarding the proposed veranda at 50 Mill Street be
received for information.
13. 29 Victoria St. — Proposed Alterations
THAT the information regarding proposed alterations at 29 Victoria Street
be receive for information.
14. 98 Wellington St. E. — Proposed Veranda
THAT the information regarding the proposed veranda at 98 Wellington
Street East be received as information.
15. Ontario Heritage Act Amendments
THAT the information regarding new amendments to the Ontario Heritage
Act be received for information.
General Committee Meeting No. 06-15 Page 6 of 20
Tuesday, September 19, 2006
16. Heritage Advisory Committee Member — Ms. Margaret Brevik
THAT the notice of the passing of Heritage Advisory Committee Member,
Margaret Brevik, be received as information; and
THAT the naming of a room in the new Aurora Heritage Museum after
Margaret Brevik, in her memory, is supported.
3. EAC06-08 — September 11, 2006 Environmental Advisory Committee pg. 14
Meeting
1. THAT the Committee Record of the Environmental Advisory Committee
meeting, held September 11, 2006 be received for information and
Council endorse the following recommendations of the Environmental
Advisory Committee:
2. THAT Meeting Record No. 06-07 dated Monday, July 24, 2006 be
adopted as printed and circulated by Corporate Services.
3. Report from Richard Wisemann
Planning for Tomorrow — Crucial Directions for Moving York (People
and Goods) York Region's Sustainable Transportation Symposium
THAT the Planning for Tomorrow — Crucial Directions for Moving York
(People and Goods) York Region's Sustainable Transportation
Symposium be received for information; and
THAT Richard Wisemann be requested to attend future seminars
pertaining the "Planning for Tomorrow — Transportation Master Plan" on
behalf of the Town of Aurora.
4. By-law/Policy/Planning Working Group — Pesticide By-law Report
a) Pesticide Report considered at the July 24, 2006 EAC
b) Copy of the Town of Newmarket Pesticide By-law
c) Replacement Agenda pages: 22, 23 and 31
d) Letter from Councillor Joe Mihevc (NEW ITEM)
e) City of Peterborough By-law 05-077 as amended by 06-056 —
Pesticide By-law (NEW ITEM)
THAT the Environmental Advisory Committee endorse the implementation
of a Pesticide By-law; and
General Committee Meeting No. 06-15
Tuesday, September 19, 2006
Page 7 of 20
THAT the revised Pesticide By-law Report of the By-law/Policy/Planning
Working Group attached hereto as Schedule 1, be referred to staff to
prepare a report to include an implementation plan and a draft by-law, to
be presented to the new Environmental Advisory Committee or in their
absence, Council; and
THAT the By-law/Policy/Planning Working Group be thanked for all of their
research on this matter.
5. Sustainable Green Community Policy
THAT, in keeping with Goals B and C of the Strategic Plan, the
Environmental Advisory Committee adopt in principle and recommend to
Council, minimum thresholds for the performance of a variety of features
of both site and building design with the goal to promote better
environmental sustainability of development for Aurora; and
THAT Council request staff to report on the development of a sustainable
Green Community Policy for the Town of Aurora using the report "Making
a Sustainable City Happen: The Toronto Green Development Standard
2006" as a model; and
THAT such report be submitted to the new Environmental Advisory
Committee or in their absence, Council, by June 2007.
6. EAC Budget Balance
THAT the following funds be utilized for the upcoming special events from
the Environmental Advisory Committee budget for the balance of 2006:
Promotional material $750.00
Operational costs $625.00
Seminar costs $850.00; and
THAT any surplus funds be utilized to purchase anti -idling signs in 2006
and
THAT Council be requested to allocate $10,000 in the 2007 Budget for the
Environmental Advisory Committee.
7. Verbal Update - Tannery Creek
THAT the verbal report from the Director of Public Works be formalized in
writing to be presented to Council.
General Committee Meeting No. 06-15 Page 8 of 20
Tuesday, September 19, 2006
8. Naturalization/Wildlife
THAT the verbal report from David Tomlinson be referred to the Public
Awareness/Education working group to be included in future newspaper
articles outlining the success of the Naturalization/Wildlife Working Group
projects.
9. Public Awareness/Education
THAT the following list of upcoming events be received for information:
Ongoing
Submit entries to auroraeac@hotmail.com
Local Eco-Heroes
Ongoing - Fall (watch this space for Contest Deadlines)
Enter by midnight,
Sunday, October 1st
Aurora's Most Cluttered Bathroom Contest
Monday, Sept 18, 2006
7:00 p.m. - 9:00 p.m.
West -McKenzie Room, new Seniors' Centre, 5 Municipal Dr
Get Eco Fit Seminar #5
Subject: Hike the Aurora Arboretum
Saturday, Sept 23, 2006
10:00 am — 1:00 pm
Tannery Creek running north and south through Fleury and Machell
Park area.
Meeting place: Aurora Community Centre parking lot south side of
Aurora Heights Blvd.
Fall Shoreline Cleanup (joining into TD Trust event)
Wednesday, Oct 18, 2006
At donated property
Dedication Event (assisting Oak Ridges Moraine Land Trust)
Saturday, Oct 21, 2006
9:00 am — 3:00 pm
York Region Waste Management Centre,
100 Garfield Wright Blvd., East Gwillimbury
Re -use Event, York Region Re -usable Goods Collection Program
Saturday, Oct 28, 2006 7:00 a.m. — 5:00 pm
Aurora Great Curbside Giveaway
General Committee Meeting No. 06-15 Page 9 of 20
Tuesday, September 19, 2006
Sunday, Oct 29, 2006
Arboretum Valley
Community Planting of Maple Keys
Raindate: Sunday, Nov 5, 2006
Monday, Nov 20, 2006
West -McKenzie Room, new Seniors' Centre, 5 Municipal Dr
Get Eco Fit Seminar#6
Subject: Backyard Birds
Feb 2007
West -McKenzie Room, new Seniors' Centre, 5 Municipal Dr
Get Eco Fit Seminar #7
Subject: TBA (Garden start — Horticultural Society?)
Monday, Mar 19, 2007
West -McKenzie Room, new Seniors' Centre, 5 Municipal Dr
Get Eco Fit Seminar #8
Subject: TBA (Build bird and butterfly boxes?)
Monday, Apr 16, 2007
West -McKenzie Room, new Seniors' Centre, 5 Municipal Dr
Get Eco Fit Event #9
Subject: TBA (Put up bird and butterfly boxes?)
Saturday, April 28, 2007
Raindate: Sunday, April 29, 2007
Morning to Afternoon litter pick up; BBC after
Spring Anti -Litter Day & Poster Contest
Saturday, April 28, 2007 7:00 a.m. — 5:00 pm
Aurora Great Curbside Giveaway
Monday, May TBA, 2007
West -McKenzie Room, new Seniors' Centre, 5 Municipal Dr
Get Eco Fit Seminar #10
Subject: TBA
Monday, June 18, 2007
West -McKenzie Room, new Seniors' Centre, 5 Municipal Dr
Get Eco Fit Seminar #11
Subject: TBA
Saturday, June 30, 2007 7:00 a.m. — 5:00 pm
Aurora Great Curbside Giveaway
General Committee Meeting No. 06-15 Page 10 of 20
Tuesday, September 19, 2006
10. Region of York
Resolution — Household Hazardous Waste/Household Special Waste
THAT Council endorse the following resolution:
WHEREAS ensuring the proper disposal of Household Hazardous
Waste/Household Special Waste (HHW/HSW) is a public health
and safety issue;
AND WHEREAS municipalities have a vested interest in the
operation of an effective HHW/HSW management system in the
Province of Ontario;
AND WHEREAS the Honourable Laurel Broten, Minister of the
Environment announced on April 20, 2006 that she will be
designating HHW/HSW under the Waste Diversion Act, 2002 in the
near future;
AND WHEREAS the Waste Diversion Act, 2002 requires Waste
Diversion Ontario to develop waste diversion programs for
designated wastes;
AND WHEREAS wastes currently designated for diversion include
only (i) blue box waste, (ii) used oil, (iii) used tires and (iv) electrical
and electronic equipment;
AND WHEREAS the Association of Municipalities of
Ontario/Association of Municipal Recycling Coordinators
(AMO/AMRC) has developed a position paper on the management
of this waste entitled "AMO and AMRC Proposal for a Provincial
Household Hazardous Waste and Special Waste Strategy;
AND WHEREAS AMO believes that in order for the Province to
meet its goals of designating HHW/HSW that it must provide clear
direction in respect of the following:
1. Recognition that HHW/HSW is a public health and safety
issue and that municipalities have a vested interest in an
effective HHW/HSW management system as it transcends
all environmental boundaries due to its potential impacts on
air, soil, municipal landfills, water, storm drains, sanitary
sewers and waste water treatment facilities;
2. Recognition that the principles of Extended Producer
Responsibility (EPR) and Design for the Environment (DfE)
places the responsibility for product residuals and packaging
on industry;
General Committee Meeting No. 06-15
Tuesday, September 19, 2006
Page 11 of 20
3. Industry funding to operate, maintain and expand, as
needed, HHW/HSW collection infrastructure and public
education programs;
4. Utilize the CSA HHW standard and specify a short list of
HSW that includes latex paints and coatings, oil containers,
oil filters, propylene glycol, alkaline batteries and
pharmaceuticals, and to further stage in residential
generated used motor oil as part of the overall program;
5. Recognize that the current municipal level of service offered
across Ontario is varied and that it cannot be reduced but
must be improved to an acceptable standardized provincial
level of service to be determined in association with
municipalities and industry;
6. Require industry to fund and establish HHW/HSW related
research that provides scientific and verifiable data that can
be used to further enhance the system for uniform program
delivery for all residents across Ontario;
7. Support industry in its efforts for reduction, reuse and
reformulation initiatives via eco-labelling, procurement,
outreach and education programs;
8. Empower Waste Diversion Ontario (WDO) by ensuring that it
has sustainable funding, full authority to develop an
HHW/HSW program and the necessary policy and approval
support from the Minister of the Environment.
AND WHEREAS the AMO Executive has approved this position
paper in principle and requests its support by municipalities in
Ontario;
NOW THEREFORE BE IT RESOLVED that Council support in
principle this position paper prepared by the AMO/AMRC Waste
Management Task Force and seek the endorsement of this
resolution by the local municipalities;
AND FURTHER that this resolution be forwarded by the Regional
Clerk to the local municipalities for consideration and endorsement
and to AMO.
11. PW06-048 — Joint Municipal Waste Diversion Strategy
(Referred to EAC from September 5, 2006 General Committee)
THAT PW06-048 — Joint Municipal Waste Diversion Strategy be received
for information.
Page 12 of 20
General Committee Meeting No. 06-15
Tuesday, September 19, 2006
12. PW06-046 — Northern 6 Municipalities Joint Waste Collection
Contract — Results of Request for Proposals
(Referred to EAC from September 5, 2006 General Committee)
THAT PW06-046 — Northern 6 Municipalities Joint Waste Collection
Contract — Results of Request for Proposals be received for information.
13. Extract from July 11, 2006 Council
Correspondence from the Association of Municipalities of Ontario
Support for the AMO Position on Improving the Efficiency of the Blue Box
and
Correspondence from the Association of Municipalities of Ontario
Support of the Best Practice Team Project — Best Practices in Blue Box
Activities
THAT the correspondence from the Association of Municipalities of
Ontario - Support for the AMO Position on Improving the Efficiency of the
Blue Box and the Association of Municipalities of Ontario - Support of the
Best Practice Team Project — Best Practices in Blue Box Activities be
received for information.
14. Town of East Gwillimbury - Waste Diversion Reminders
THAT the information from the Town of East Gwillimbury - Waste
Diversion Reminders be received for information.
15. Pollution Prevention Workshop Information
THAT the Pollution Prevention Workshop Information be received for
information.
16. Notice of Motion from Councillor Morris (NEW ITEM)
Citizen Initiative to Conserve Energy and Control Escalating Energv Costs
THAT the resolution from Councillor Morris regarding the Citizen Initiative
to Conserve Energy and Control Escalating Energy Costs be received and
endorsed; and
THAT this recommendation be presented at the September 12, 2006
Council meeting for consideration.
General Committee Meeting No. 06-15
Tuesday, September 19, 2006
Page 13 of 20
17 Correspondence from the World Wildlife Fund Canada (WWF)
(NEW ITEM)
Support of Resolution from Councillor Morris
THAT the correspondence from the World Wildlife Fund Canada (WWF)
Support of Resolution from Councillor Morris be received and referred to
Council with the endorsement of the Citizen Initiative to Conserve Energy
and Control Escalating Energy Costs; and
THAT this recommendation be presented at the September 12, 2006
Council meeting for consideration.
4. AAC06-05— August 31, 2006 Accessibility Advisory Committee pg. 46
Meeting
RECOMMENDED:
1. THAT the Committee Record of the Accessibility Advisory Committee
Meeting 06-06 held on August 31, 2006 be received as information and
the following recommendations of the Accessibility Advisory Committee be
endorsed:
2. Accessibility Plan 2006 — Proiect updates
THAT the Accessibility Plan 2006 — Project updates be adopted as
submitted.
3. Correspondence from the Region of York
AODA Standards Update
THAT the correspondence from the Region of York regarding the AODA
Standards Update be received for information.
4. Accessibility Advisory Committee Website
THAT the information regarding the Accessibility Advisory Committee
Website be received for information; and
THAT Committee Members be requested to investigate other municipal
websites, of this nature, for content or applications which could be
beneficial for the Town of Aurora Website, and forward any suggestions
or comments to the Director of Corporate Services.
General Committee Meeting No. 06-15 Page 14 of 20
Tuesday, September 19, 2006
5. Copy of Correspondence to the Real Canadian Superstore Accessibility to
Medical Clinic
THAT the correspondence to the Real Canadian Superstore regarding
Accessibility to Medical Clinic be endorsed by the Accessibility Advisory
Committee.
6. City of Vaughan - Invitation to the Regional Accessibility Advisory
Committees Breakfast Meeting — September 25, 2006
THAT the invitation to the Regional Accessibility Advisory Committees
Breakfast Meeting on September 25, 2006 be received as information;
and
THAT John Lenchak and Catherine Couchman attend the Breakfast
Meeting, on behalf of the Committee.
7. Correspondence from Carrie Eastwood - ADAPT Services
THAT the correspondence from Carrie Eastwood regarding ADAPT
Services be received as information.
5. Memorandum from the Director of Public Works pg. 54
Re: Tannery Creek - Elevated Metal Concentration in Sediment
RECOMMENDED:
THAT the memorandum from the Director of Public Works regarding
Tannery Creek - Elevated Metal Concentration in Sediment, be received
for information.
6. BA06-012 — Building Administration Operational Review pg. 55
RECOMMENDED:
THAT Council authorize a contract with CN Watson and Associates Ltd. to
complete a Building Administration Operational Review for the purpose of
streamlining the process to meet legislative timeframes for building
permits; and
THAT the Operational Review be funded through the 2006 Building
Administration Operating Budget.
General Committee Meeting No. 06-15
Tuesday, September 19, 2006
Page 15 of 20
7. PW06-049 — Funding For the Replacement of Fuel Pumps and pg. 59
Fuel Management System
RECOMMENDED:
THAT Council approve and allocate the necessary funding to proceed with
the replacement of the fuel pumps and fuel management system at the
Works Yard, 9 Scanlon Court, as described in Report PW06-049 and
more particularly that an additional $30,000 for this project be provided
from the Equipment Reserve Fund; and
THAT staff be requested to report further on the award of a contract to
upgrade the Town's fuel dispensing and management systems; and
THAT staff report further on the cost and benefits of using dyed -diesel fuel
for non -licensed equipment.
8. PW06-050 — Request to Transfer Ownership of a Section of pg. 66
Town of Aurora Watermain to the Region of York
RECOMMENDED:
THAT Council approve the assumption by the Region of York of a section
of the Town of Aurora's watermain network on Orchard Heights Boulevard
and Bathurst Street as detailed in Report PW06-050; and
THAT the Regional Municipality of York be advised of Council's decision.
9. FS06-028 — Benefits of the LAS GASAMO Natural Gas Program pg. 73
RECOMMENDED:
THAT Report FS06-028, "Benefits of the LAS GASAMO Natural Gas
Program", be received for information; and
THAT Financial Services be authorized to begin the process to implement
the program for the Town of Aurora, and
THAT the initial setup fee of $499.00 come from the Municipal Purposes,
Operating Contingencies Budget.
General Committee Meeting No. 06-15 Page 16 of 20
Tuesday, September 19, 2006
10. FS06-029 — Frank Stronach Donation pg. 77
RECOMMENDED:
THAT Mr. Stronach's donation of $2,000,000 be accepted with gratitude
and that the funds be applied to the Capital Obligations for the Multi -
Purpose Recreational Facility, and
THAT negotiations for appropriate recognition for Mr. Stronach's donation
proceed in accordance with the Facility Naming Rights Policy; and
THAT funds be borrowed from the Town of Aurora's Reserve Funds to
pay project expenses and that these funds be replenished from the annual
contribution from Mr. Stronach; and
THAT interest be paid to the Reserve Funds for these borrowings at the
appropriate market rate for Reserve Investments and that this expense be
included in the Leisure Services Operating Budget.
11. LS06-038 — Recommendation for Concession and Snack Food pg. 84
Vending at the New Aurora Recreation Complex
12.
13.
RECOMMENDED:
THAT Council approve the recommendation to proceed with an
agreement with Mr. Vending Inc. for Concession and Snack Food Vending
Services at the new Aurora Recreation Complex until July 31, 2007; and
THAT Council approve funding from the Operating Budget as indicated in
Report LS06-038.
LS06-040 — Recreation Complex Project Management Extension
RECOMMENDED:
pg. 87
THAT Council approve the extension of the existing agreement with
MHPM Project Managers Inc. until September 30, 2006 at a cost of
$54,000 to be funded from the Capital Budget for the Recreation Complex.
LS06-041 —York Region Neighbourhood Services Inc.
RECOMMENDED:
THAT Council provide direction with regards to the preferred option and
that staff report back to Council.
General Committee Meeting No. 06-15
Tuesday, September 19, 2006
Page 17 of 20
14. PL06-069 — Zoning By-law Amendment Application pg. 144
Lips, Stefan and Mary
219 Old Yonge Street
Part of Lot 4, Registered Plan 461
File D14-06-02
RECOMMENDED:
THAT Implementing Zoning By-law 4844-06.D to allow the development of
seven (7) unit block townhouses on lands know municipally as 219 Old
Yonge Street (Stefan and Mary Lips - File D14-06-02) be enacted.
15. PL06-105 — Applications to Amend the Zoning By -Law and pg. 157
Draft Plan of Subdivision
Brookvalley Developments (Aurora)
14425 Bayview Avenue, Aurora
Part of Lot 15, Concession 2, E.Y.S
Files D14-06-05 & D12-05-02A
RECOMMENDED:
THAT Report PL06-105 respecting files D14-06-05 and D12-05-2A
(Brookvalley Developments) be received as information and staff be
instructed to prepare conditions of draft approval.
16. PL06-112 — Official Plan Amendment (OPA), Zoning By-law pg. 191
Amendment (ZBA) and Site Plan Applications
Ev-Taz Development Ltd.
217 Earl Stewart Drive
Lot 4, 65M Lot 82, Concession 1, Part 6, Plan 65R-14423
Files D09-15-03, D14-34-03 and D11-17-06
RECOMMENDED:
THAT Council enact By-law 4853-06.D, being a By-law to adopt Official
Plan Amendment #67; and
THAT Implementing Zoning By-law 4854-06.D be enacted; and
THAT, subject to a satisfactory review by the Site Plan Committee, the
Director of Planning and Development Services be authorized to execute
a site plan agreement between the owner and the Town of Aurora,
respecting the construction of a commercial development on the subject
lands.
General Committee Meeting No. 06-15 Page 18 of 20
Tuesday, September 19, 2006
17. PL06-113 — Servicing Allocation Matrix pg. 216
RECOMMENDED:
THAT the attached matrix for the Allocation of Servicing Capacity,
Appendix 1, be adopted by Council to be used to determine applications
that may be considered for allocation; and
THAT the timeframe for the next review of the matrix be extended from 3
to 6 months, based on the municipal election timing.
18. PL06-114 — Application for Site Plan Approval pg. 220
1671923 Ontario Limited
235 Industrial Parkway South
Lot 61, RCP 10328
File D11-18-06
RECOMMENDED:
THAT Report PL06-114 be received as information and that, subject to the
resolution of all outstanding issues and the submission of all fees and
securities, Council authorize the Director of Planning and Development
Services to execute a Site Plan Agreement between the Owner and the
Town of Aurora to permit the construction of a 4,872 sq. metre (52,443.49
sq. ft) multi -unit office/ industrial condominium building.
19. PL06-115 — Planning Applications Status List
1owl xK91IVA11851A►11]40
pg. 227
THAT the Planning Applications Status List be received as information.
20. PW06-051 — Maintenance Flushing of Sanitary and Storm Sewers pg. 261
RECOMMENDED:
THAT Council authorize the payment of additional funds in the amount of
$36,394.33 associated with Tender Award No. PW-2006-11, Maintenance
Flushing of Sanitary and Storm Sewers to D. M. Robichaud as detailed in
Report PW06-051; and
THAT such additional funds be obtained from the Water & Sewer Reserve
Fund.
General Committee Meeting No. 06-15
Tuesday, September 19, 2006
Page 19 of 20
21. FS06-027 — Aurora Hydro Sale Investment Funds pg. 264
RECOMMENDED:
THAT Council rescind the June 28, 2005 resolution; and
THAT 90% of the balance in the Aurora Hydro Sale Investment Fund
remain in the fund and that the balance of the earned interest from the
prior year be utilized for new initiatives identified in the Municipalities
Strategic Plan; and
THAT proposed Strategic Plan Initiatives be budgeted as separate
projects for separate consideration and, should all the funds from the
current year not be used, that they be carried forward to the next budget
year; and
THAT should Council wish to use any of the principal from the Aurora
Hydro Sale Investment Fund proper public notice must be provided at
least 14 days in advance before the matter is discussed at open council
and it must be by vote of 2/3 of the members in attendance at a duly
constituted meeting of Council; and
THAT Council establish a Council Discretionary Reserve Fund in the
amount of 10% of the Aurora Hydro Sale Investment Fund; and
THAT the funds in Council Discretionary Reserve Fund will be expended
at the discretion of Council; and
THAT Council determine the terms and conditions of the use of the
Council Discretionary Reserve Fund and that these be reviewed at the
beginning of each new term of Council; and
THAT should Council wish to use any of the principal from the Council
Discretionary Reserve Fund proper public notice must be provided at least
14 days in advance before the matter is discussed at open council and it
must be by vote of 2/3 of the members in attendance at a duly constituted
meeting of Council; and
THAT any donations or expenditures from the Council Discretionary
Reserve Fund must recognize in program or project advertising that the
contribution was made from proceeds from the sale of Aurora Hydro; and
THAT funds be allocated to the appropriate Reserves at year-end once
the fund balance has been determined.
Page 20 of 20
General Committee Meeting No. 06-15
Tuesday, September 19, 2006
22
23.
24.
25
LSO6-042 — Alternative Uses of the Former Hydro Building at
215 Industrial Parkway South
RECOMMENDED:
pg. 271
THAT Council provide staff with direction on the preferred option(s) as
presented in Report LS06-042; and
THAT staff report back on specific issues related to the preferred
option(s).
Correspondence from Councillor Buck
Re: Attendance Record
RECOMMENDED:
pg.289
THAT the Council attendance report be presented to the next Council
meeting.
CS06-012 — Amendment to Administration Procedure No. 23 pg. 290
Code of Conduct
RECOMMENDED:
THAT Report CS06-012 to provide for a revised Code of Conduct policy
for all Town employees be received; and
THAT the revised Administration Procedure No. 23 attached as Appendix
#1 be approved.
CS06-031 — Council Pending List - Status Report pg. 309
RECOMMENDED:
THAT Report CS06-031 be received for information purposes.
GENERAL COMMITTEE - SEPTEMBER 19, 2006 Delegation (a)
Panizza, Bob
To: Vicky Norman
Cc: Eastwood, Carrie
Subject: RE: Deputation to Town Council
Hello Vicky,
This is to confirm that Sept 19th is fine and I will arrange to place Mr. Bhardwaj on the agenda. If you could please
provide the DVD a week in advance that would be beneficial and we will have it ready to go for the meeting.
-----Original Message -----
From: Vicky Norman [mailto:vnorman@uwyr.on.ca]
Sent: Monday, July 17, 2006 2:43 PM
To: Panizza, Bob
Subject: Deputation to Town Council
Importance: High
Good afternoon Bob. I would like to request that our CEO, Rahul Bhardwaj be placed on the
agenda to make a 10 minute deputation to Town Council at the meeting scheduled for Tuesday,
September 19th, 2006, beginning at 7:00 p.m. (arrival time — 6:45 p.m.). His presentation will be
related to our 2006 Campaign.
There will be no written documentation for distribution. However Rahul would like to show our
Campaign Video which is 3 minutes and 30 seconds in length. He understands that this would be
included in his presentation time. We would be able to provide a DVD copy of the video which
can be loaded into a laptop and projected via PowerPoint. We understand that the DVD would be
required a week in advance of the meeting.
I look forward to,hearing from you at your earliest convenience. Thanks very much for your
assistance.
Regards,
Vicky B. Norman
Executive Assistant
United Way of York Region
Aurora / East Gwillimbury / Georgina / King / Markham / Newmarket / Richmond Hill /
Vaughan / Whitchurch-stouffville
Tel: (905) 474-9974, ext. 222
Toll Free: 1-877-241-4516
Fax: (905) 474-0051
vnormane uw ry on.ca
web site: www.unitedwavyorkregion.com
Because ...it takes so little, to do so much
Give generously to your United Way - York Region
7/17/2006 D - 1
GENERAL COMMITTEE - SEPTEMBER 19, 2006 ^
-TOWN OF AURORA [AGENI)AITEM#
COUNCIL REPORT No. FAC06-02
SUBJECT: August 22, 2005 Finance Advisory Committee Meeting
FROM: Acting Chair
Council Members
Staff Attendees
Other Attendees
DATE: September 19, 2006
- Mayor Jones
- Councillor Buck
- John Rogers Chief Administrative Officer, John
Gutteridge, Director of Financial Services and
Karen Ewart, Administrative Co-
ordinator/Deputy Clerk
- Lawrence Strong, Advisor to the Finance
Advisory Committee
The meeting was cancelled due to lack of quorum.
Prepared by. Karen Ewart, Administrative Assistance/Deputy Clerk ext. 4222
Mafior J,
Finance
Chair.
—1—
GENERAL COMMITTEE - SEPTEMBER 19, 2006 [LGENDA ITEM# �
September 19, 2006
-1-
Report No. 06-os
TOWN OF AURORA
COUNCIL REPORT No. AHC 06-08
SUBJECT, August 2l, 2006 Heritage Advisory Committee Meeting
FROM: Stan Rycombel (Chair), Diane Fergueson, Bob McRoberts, John McIntyre,
Walter Mestrinaro, Michael Palluch, Councillor Kean, Councillor Wallace
DATE: September 19, 2006
RECOMMENDATIONS
1. THAT the Committee Record of the Heritage Advisory Committee of Aurora.
Meeting held on August 21, 2006 be received for information and the
following recommendations of Heritage Advisory Committee of Aurora be
endo►sed.
2. 26p Wellington St. -- Demolition Application
THAT the owner be requested to make the building available for relocation,
or for salvage, at no cost to the Town, for the Heritage Advisory Committee
of Aurora Architectural Salvage Program, and
THAT the owner be requested to advertise the availability of remaining
components to the general public; and
THAT the owner be requested to provide an interpretive plaque andlor a
historically significant feature documenting the history of the building.
3, 13777, 13796, 13818 Yonge St. & 74 Old Bloomington Rd - Draft Plan of
condominium
THAT the ownerbe requested to secure the services of a qualified engineer
and experienced mover of heritage buildings to determine N the building
can be moved.
4. 15356 Yonge St. - Site Plan Application
THAT the Heritage Advisory Committee has no objections for site plan
approval File D11-1346 for 15356 Yonge Sheet; and
THAT the Community Planner be delegated authority for review,
commentary and approval of detailed architectural elevations with respect
to the proposal; and
-2-
GENERAL COMMITTEE - SEPTEMBER 19, 2006
September 19, 2006 .2 , Ropork No. 06-08
THAT the owner be thanked for their commitment to preserve the existing
heritage resource and to maintain the character of the neighbourhood.
S. 15032 Yon -go St — ,Site Plan Application
THAT the application for site -plan control for improvements to Elmwood
Lodge, 15032 Yonge Street be endorsed; and
THAT the Site Plan Agreement include reference to any outstanding
requirements as noted in the recommendation of the Heritage Advisory
Committee from September2005; and
THAT authority for endorsement of any additional works associated with
the subject application, on behalf of the Heritage Advisory Committee, are
to be delegated to the Community Planner, and
THAT the owners be commended for their commitment to the preservation
of this Important Aurora landmark.
8. 14425 Bpi®w Ave,- Zoning By & Draft Plan of Subdivision
THAT the information concerning the applications for Zoning By-law
Amendment and Draft Plan of Subdivision for 14425 Beyview Avenue be
received; and
THAT the draft conditions recommended by the Community Planner be
supported; and
THAT the designation of the heritage building at. 14425 Bayview Avenue
under Part IV of the Ontario Heritage Act be supported; and
THA T the applicant be commended for their efforts to preserve a significant
Aurora Heritage Building.
THAT the renovation approach for the heritage building at 58 Wellington
Street East, with suggested modification as described in the memorandum
from the Community Planner dated June 19, 2006, be supported; and
THAT renal approval of the details of the rehabilitation program for the
prop" at 58 Wellington Street East, is to be delegated to the Community
Planner.
-3-
GENERAL COMMITTEE - SEPTEMBER 19, 2006
September 19, 2006 , 3 - Report No. 0648
8. Hillary House- Restoration Plans
THAT the memorandum from the Community Planner regarding the Hillary
House Sam, 15372 Yonge Street. Restoration Plans, be received for
information.
9. Hartman House- Demolition
THAT the verbal update from the Community Planner regarding the
Demolition of the Hartman House, be received for information.
10, 138 Temperance St. - Proposed Renovation
THAT the information from the Community Planner regarding the proposed
renovation at 138 Temperance Stree4 be received for information.
11. 52 Spruce St --Updated Elevations
THAT the information regarding updated elevations for 52 Spruce Street be
received for information,
12. 50 Mill St - Proposed Veranda
THAT the information regarding the proposed veranda at 50 Mill Street be
received for information.
13. 29 Victoda Sk-Prodosed Alterations
THAT the information regarding proposed alterations at 29 Victoria Street
be receive for information.
14. Ok Wellington S& 6, Pro oA sed Veranda
THAT the information regarding the proposed veranda at 98 Wellington
Street East be received as information.
15. Qntado Heritage ActAmendments
THAT the information regarding new amendments to the Ontario Heritage
Act be received for Information.
16. Heritage, Ady_is2a Committee Member-- M_s. Margaret Brevik
THAT the notice of the passing of Heritage Advisory Committee Member,
Margaret Brevik, be received as information; and
GENERAL COMMITTEE - SEPTEMBER 19, 2006
September 17, 2006
-4-
Report No. 06-08
THAT the naming of a room in the new Aurora Heritage Museum after
Margaret Drevik, in hermemory, is supported,
17. Ontario Heritage Planners Meetin
THAT the information regarding the Ontario Heritage Planners Meeting be
received as information.
18. Correspondence from Community Planner
Re: Doors Open Aurora Update
THAT the information concerning Doors Open Aurora be received for
information; and
THAT the Heritage Advisory Committee authorizes the expenditure of up to
$1,500 for Doors Open Aurora 2007 to cover the $1,500 Ontario Heritage
Registration Fee and that funds for other aspect of the event be considered
through the 2007 budget process.
19, Correspondence from Community Planner
Re: Patch Log House Estimate
THAT the correspondence from the Community Planner regarding the
Patch Log House Estimate be received for information.
u.
Committee Record 0"a
Prepared by: C. Eastwood, Council/Committee Secretary
Reviewed by: S. Rycombei, Chair
Aurora
-5-
GENERAL COMMITTEE — SEPTEMBER 19, 2006
'TT
v
a,�tir
HERITAGE • ;
COMMITTEE of AURORA
RECORD
NO. 06-08
Committee: Heritage Advisory Committee of Aurora
Date: Monday, August 21, 2006
Time and Location: 7:00 p.m. Holland Room, Town Hall
Committee Members: Stan Rycombel (Chair), Diane Fergueson, Councillor Kean,
John McIntyre, Bob McRoberts, Walter Mestrinaro, Michael
Paluch and Councillor Wallace
Staff: Michael Seaman; Heritage , Carrie Eastwood
Stan Rycombel, Committee Chair, called the meeting to order at 7:00 p.m.
DECLARATIONS OF INTEREST
There were no declarations of interest under the Municipal Conflict of Interest Act.
APPROVAL OF AGENDA
Moved by Councillor Wallace
Seconded by Councillor Kean
THAT the content of the agenda, as distributed, be approved.
CARRIED
APPROVAL OF PREVIOUS MEETING MINUTES
Moved by Bob McRoberts
Seconded by Michael Paluch
THAT the minutes of the Heritage Advisory Committee No. 06-06 of May
15, 2006, and No. 06-07 of June 19, 2006 (no quorum report), be adopted.
CARRIED
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Heritage Advisory Committee Record No. 06-08 Page 2 of 8
Monday, August 21, 2006
DELEGATIONS
a) Mr. Dan McCowell, York Catholic District School Board
Re: Demolition of 260 Wellington St. E.
Mr. Dan McCowell, Senior Manager of Administrative Services of the York Catholic
District School Board advised of the current condition of the home at 260 Wellington
Street East which was build in the mid 1800's and is being considered for demolition or
relocation to allow for the construction of a new school. Mr. McCowell advised that the
building is in a poor state of repair and had no major historical significance. Mr. David
Fayle, Heritage Consultant, supported Mr. McCowell's comments and advised that there
is no pressing need to preserve the building, however it was noted that there is a list of
heritage materials which should be salvaged, and he added that this is already in the
agreement with the York Catholic District School Board.
1
a
Moved by Councillor Kean
Seconded by Councillor Wallace
THAT the comments of the delegate be received and that Item 1 be
brought forward for consideration at this time.
CARRIED
260 Wellington St. — Demolition Application
Moved by Bob McRoberts
Seconded by John McIntyre
THAT the owner be requested to make the building available for relocation,
or f6r salvage, at no cost to the Town, for the Heritage Advisory Committee
of Aurora Architectural Salvage Program; and
THAT the owner be requested to advertise the availability of remaining
components to the general public; and
THAT the owner be requested to provide an interpretive plaque and/or a
historically significant feature documenting the history of the building.
CARRIED
Mr. David Fayle & Ms. Janet Fayle, Heritage Consultants
74 Old Bloomington Rd. and 13815 Yonge St.
Mr David Fayle advised that in its current condition the building at 74 Old Bloomington
holds very little historical value, and that a lot of patchwork had been done over the
years, leaving virtually no original features inside. Mr. Fayle advised that most of the
charm of the subject home is in its location and he recommended that this house not be
preserved. Mr. Fayle advised that the barn is more historically significant and
recommended that a corner of the barn be reinforced and kept as a historical marker.
—7—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Heritage Advisory Committee Record No. 06-08
Monday, August 21, 2006
Moved by Councillor Kean
Page 3 of 8
Seconded by Councillor Wallace
THAT the comments of the delegate be received and that Item 2 be
brought forward for consideration at this time.
CARRIED
2. 13777, 13795, 13815 Yonge St. & 74 Old Bloomington Rd — Draft Plan of
Condominium
Moved by Councillor Kean
Seconded by Bob McRoberts
THAT the owner be requested to secure the services of a qualified
engineer and experienced mover of heritage buildings to determine if the
building can be moved.
CARRIED
MATTERS FOR CONSIDERATION
3. 15356 Yonge St. — Site Plan Application
Moved by Councillor Kean
Seconded by Councillor Wallace
THAT the Heritage Advisory Committee has no objections for site plan
approval File D11-13-06 for 15356 Yonge Street; and
THAT the Community Planner be delegated authority for review,
commentary and approval of detailed architectural elevations with respect
to the proposal; and
THAT the owner be thanked for their commitment to preserve the existing
heritage resource and to maintain the character of the neighbourhood.
CARRIED
4. 15032 Yonge St. — Site Plan Application
Moved by Councillor Kean Seconded by Councillor Wallace
THAT the application for site -plan control for improvements to Elmwood
Lodge, 15032 Yonge Street be endorsed; and
cm
GENERAL COMMITTEE - SEPTEMBER 19, 2006
Heritage Advisory Committee Record No. 06-08
Monday, August 21, 2006
5.
19
Page 4 of 8
THAT the Site Plan Agreement include reference to any outstanding
requirements as noted in the recommendation of the Heritage Advisory
Committee from September 2005; and
THAT authority for endorsement of any additional works associated with
the subject application, on behalf of the heritage Advisory Committee, are
to be delegated to the Community Planner; and
THAT the owners be commended for their commitment to the preservation
of this important Aurora landmark.
CARRIED
14425 Bayview Ave. — Zoning By-law & Draft Plan of Subdivision
Moved by Councillor Kean
Seconded by John McIntyre
THAT the information concerning the applications for Zoning By-law
Amendment and Draft Plan of Subdivision for 14425 Bayview Avenue be
received; and
THAT the draft conditions recommended by the Community Planner be
supported; and
THAT the designation of the heritage building at. 14425 Bayview Avenue
under Part IV of the Ontario Heritage Act be supported; and
THAT the applicant be commended for their efforts to preserve a significant
Aurora Heritage Building.
CARRIED
58 Wellington St. E. — Proposed Alterations
Moved by John McIntyre
Seconded by Walter Mestrinaro
THAT the renovation approach for the heritage building at 58 Wellington
Street East, with suggested modification as described in the memorandum
from the Community Planner dated June 19, 2006, be supported; and
THAT final approval of the details of the rehabilitation program for the
property at 58 Wellington Street East, is to be delegated to the Community
Planner.
CARRIED
won
GENERAL COMMITTEE - SEPTEMBER 19, 2006
Heritage Advisory Committee Record No. 06-08 Page 5 of 8
Monday, August 21, 2006
7. Hillary House — Restoration Plans
Moved by Councillor Kean Seconded by Councillor Wallace
THAT the memorandum from the Community Planner regarding the Hillary
House Barn, 15372 Yonge Street, Restoration Plans, be received for
information.
CARRIED
8. Hartman House — Demolition
Moved by Councillor Wallace Seconded by Bob McRoberts
THAT the verbal update from the Community Planner regarding the
Demolition of the Hartman House, be received for information.
CARRIED
9. 138 Temperance St. — Proposed Renovation
Moved by Councillor Wallace Seconded by Walter Mestrinaro
THAT the information from the Community Planner regarding the proposed
renovation at 138 Temperance Street, be received for information.
CARRIED
10. 52 Spruce St. — Updated Elevations
Moved by Councillor Kean
Seconded by Diane Fergueson
THAT the information regarding updated elevations for 52 Spruce Street be
received for information.
CARRIED
—10—
GENERAL COMMITTEE - SEPTEMBER 19, 2006
Heritage Advisory Committee Record No. 06-08 Page 6 of 8
Monday, August 21, 2006
11. 50 Mill St. - Proposed Veranda
Moved by Councillor Kean Seconded by Diane Fergueson
THAT the information regarding the proposed veranda at 50 Mill Street be
received for information.
CARRIED
12. 29 Victoria St. - Proposed Alterations
13.
d1
15.
Moved by Bob McRoberts
Seconded by Walter Mestrinaro
THAT the information regarding proposed alterations at 29 Victoria Street
be receive for information.
CARRIED
98 Wellington St. E. - Proposed Veranda
Moved by Councillor Wallace
Seconded by Diane Fergueson
THAT the information regarding the proposed veranda at 98 Wellington
Street East be received as information.
CARRIED
Ontario Heritage Act Amendments
Moved by Walter Mestrinaro
Seconded by Councillor Wallace
THAT the information regarding new amendments to the Ontario Heritage
Act be received for information.
CARRIED
Heritage Advisory Committee Member - Ms. Margaret Brevik
Moved by Councillor Kean
Seconded by Councillor Wallace
THAT the notice of the passing of Heritage Advisory Committee Member,
Margaret Brevik, be received as information; and
-11-
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Heritage Advisory Committee Record No. 06-08
Monday, August 21, 2006
LCA
17
iim
Page 7 of 8
THAT the naming of a room in the new Aurora Heritage Museum after
Margaret Grevik, in her memory, is supported.
CARRIED
Ontario Heritage Planners Meeting
Moved by Councillor Kean
Seconded by Bob McRoberts
THAT the information regarding the Ontario Heritage Planners Meeting be
received as information.
CARRIED
Correspondence
Moved by Councillor Wallace
Seconded by Councillor Kean
THAT the following correspondence be received as information.
a) Heritage Canada Foundation
b) City of Hamilton
c) York Heritage Network
d) Heritage Markham Committee Minutes
CARRIED
Correspondence from Community Planner
Re: Doors Open Aurora Update - Added Item
Moved by Councillor Kean
Seconded by Diane Fergueson
THAT the information concerning Doors Open Aurora be received for
information; and
THAT the Heritage Advisory Committee authorizes the expenditure of up to
$1,500 for Doors Open Aurora 2007 to cover the $1,500 Ontario Heritage
Registration Fee and that funds for other aspect of the event be considered
through the 2007 budget process.
CARRIED
—12—
GENERAL COMMITTEE - SEPTEMBER 19, 2006
Heritage Advisory Committee Record No. 06-08
Monday, August 21, 2006
19 Correspondence from Community Planner
Re: Petch Log House Estimate - Added Item
Moved by Councillor Kean
Seconded by Diane Fergueson
THAT the correspondence from the Community Planner regarding the
Petch Log House Estimate be received for information.
CARRIED
OTHER BUSINESS
Councillor Wallace expressed concern regarding the old Railway Hotel at Yonge Street
and Wellington Street, with respect to the recent destruction to the exterior bricks.
Bob McRoberts inquired about the status of the Heritage District Area.
Bob McRoberts inquired about the feasibility of appointing an Aurora
representative to the Regional LACAC - York Region Network.
ADJOURNMENT
Moved by Councillor Kean
THAT the meeting be adjourned at 8:25 p.m.
—13—
GENERAL COMMITTEE - SEPTEMBER 19, 2006
AGENDA ITEM # 3
-TOWN OF AURORA
COUNCIL REPORT No. EAC06-08
SUBJECT: September 11, 2006 Environmental Advisory Committee Meeting
FROM: Chair - Councillor Gaertner
Committee Members - Robert Cook, Ellen Mole, Peter Piersol and
Susan Walmer
DATE: September 19, 2006
RECOMMENDATIONS
THAT the Committee Record of the Environmental Advisory Committee
meeting, held September 11, 2006 be received for information and Council
endorse the following recommendations of the Environmental Advisory
Committee:
2. THAT Meeting Record No. 06-07 dated Monday, July 24, 2006 be adopted as
printed and circulated by Corporate Services.
3. Report from Richard Wisemann
Planning for Tomorrow - Crucial Directions for Moving York (People
and Goods) York Region's Sustainable Transportation Symposium
THAT the'Planning for Tomorrow- Crucial Directions for Moving York (People
and Goods) York Region's Sustainable Transportation Symposium be
received for information; and
THAT Richard Wisemann be requested to attend future seminars pertaining
the "Planning for Tomorrow - Transportation Master Plan" on behalf of the
Town of Aurora.
4. By-law/Policy/Planning Working Group - Pesticide By-law Report
a) Pesticide Report considered at the July 24, 2006 EAC
b) Copy of the Town of Newmarket Pesticide By-law
c) Replacement Agenda pages: 22, 23 and 31
d) Letter from Councillor Joe Mihevc (NEW ITEM)
e) City of Peterborough By-law 05-077 as amended by 06-056 -
Pesticide By-law (NEW ITEM)
THAT the Environmental Advisory Committee endorse the implementation of
Pesticide By-law; and
-14-
GENERAL COMMITTEE - SEPTEMBER 19, 2006
September 19, 2006 - 2 - Report No. EAC06-08
THAT the revised Pesticide By-law Report of the By-law/Policy/Planning
Working Group attached hereto as Schedule 1, be referred to staff to prepare
a report to include an implementation plan and a draft by-law, to be presented
to the new Environmental Advisory Committee or in their absence, Council;
and
THAT the By-law/Policy/Planning Working Group be thanked for all of their
research on this matter.
5. Sustainable Green Community Policy
THAT, in keeping with Goals B and C of the Strategic Plan, the Environmental
Advisory Committee adopt in principle and recommend to Council, minimum
thresholds for the performance of a variety of features of both site and
building design with the goal to promote better environmental sustainability of
development for Aurora; and
THAT Council request staff to report on the development of a sustainable
Green Community Policy for the Town of Aurora using the report "Making a
Sustainable City Happen: The Toronto Green Development Standard 2006" as
a model, and
THAT such report be submitted to the new Environmental Advisory
Committee or in their absence, Council, by June 2007.
6. EAC Budget Balance
THAT the following funds be utilized for the upcoming special events from the
Environmental Advisory Committee budget for the balance of 2006:
Promotional material $750.00
Operational costs $625,00
Seminar costs $850.00; and
THAT anysurplus funds be utilized to purchase anti -idling signs in 2006; and
THAT Council be requested to allocate $10,000 in the 2007 Budget for the
Environmental Advisory Committee.
7. Verbal Update - Tannery Creek
THAT the verbal report from the Director of Public Works be formalized in
writing to be presented to Council.
-15-
GENERAL COMMITTEE - SEPTEMBER 19, 2006
September 19, 2006
0
RM
Naturalization/Wildlife
-3-
Report No. EAC06-08
THAT the verbal report from David Tomlinson be referred to the Public
Awareness/Education working group to be included in future newspaper
articles outlining the success of the Naturalization/Wildlife Workinq GrouD
projects.
Public Awareness/Education
THAT the following list of upcoming events be received for information:
Ongoing
Submit entries to auroraeac@hotmail.com
Local Eco-Heroes
Ongoing - Fall (watch this space for Contest Deadlines)
Enter by midnight,
Sunday, October 1st
Aurora's Most Cluttered Bathroom Contest
Monday, Sept 18, 2006
7:00 p.m. - 9:00 p.m.
West -McKenzie Room, new Seniors' Centre, 5 Municipal Or
Get Eco Fit Seminar #5
Subject: Hike the Aurora Arboretum
Saturday, Sept 23, 2006
10:00 am — 1:00 pm
Tannery Creek running north and south through Fleury and Machell
Park area.
Meeting place: Aurora Community Centre parking lot south side of
Aurora Heights Blvd,
Fall Shoreline Cleanup (joining into TD Trust event)
Wednesday, Oct 18, 2006
At donated property
Dedication Event (assisting Oak Ridges Moraine Land Trust)
Saturday, Oct 21, 2006
9: am — 3: pm
York Region Waste Management Centre,
100 Garfield Wright Blvd., East Gwillimbury
Re -use Event, York Region Re -usable Goods Collection Program
Saturday, Oct 28, 2006 7:00 a.m. — 5:00 pm
-16-
GENERAL COMMITTEE - SEPTEMBER 19, 2006
September 19, 2006
-4-
Aurora Great Curbside Giveaway
Sunday, Oct 29, 2006
Arboretum Valley
Community Planting of Maple Keys
Raindate: Sunday, Nov 5, 2006
Report No. EAC06-08
Monday, Nov 20, 2006
West -McKenzie Room, new Seniors' Centre, 5 Municipal Dr
Get Eco Fit Seminar #6
Subject: Backyard Birds
Feb 2007
West -McKenzie Room, new Seniors' Centre, 5 Municipal Dr
Get Eco Fit Seminar #7
Subject: TBA (Garden start— Horticultural Society?)
Monday, Mar 19, 2007
West -McKenzie Room, new Seniors' Centre, 5 Municipal Dr
Get Eco Fit Seminar #8
Subject: TBA (Build bird and butterfly boxes?)
Monday, Apr 16, 2007
West -McKenzie Room, new Seniors' Centre, 5 Municipal Dr
Get Eco Fit Event #9
Subject: TBA (Put up bird and butterfly boxes?)
Saturday, April 28, 2007
Raindate: Sunday, April 29, 2007
Morning to Afternoon litter pick up; BBQ after
Spring Anti -Litter Day & Poster Contest
Saturday, April 28, 2007 7:00 a.m. — 5:00 pm
Aurora Great Curbside Giveaway
Monday, May TBA, 2007
West -McKenzie Room, new Seniors' Centre, 5 Municipal Dr
Get Eco Fit Seminar #10
Subject: TBA
Monday, June 18, 2007
West -McKenzie Room, new Seniors' Centre, 5 Municipal Dr
Get Eco Fit Seminar #11
Subject: TBA
-17-
GENERAL COMMITTEE - SEPTEMBER 19, 2006
September 19, 2006 - 5 - Report No. EAC06-08
Saturday, June 30, 2007 7:00 a.m. - 5:00 pm
Aurora Great Curbside Giveaway
10. Region of York
Resolution - Household Hazardous Waste/Household Special Waste
THAT Council endorse the following resolution:
WHEREAS ensuring the proper disposal of Household Hazardous
Waste/Household Special Waste (HHW/HSW) is a public health and
safety issue;
AND WHEREAS municipalities have a vested interest in the operation
of an effective HHW/HSW management system in the Province of
Ontario;
AND WHEREAS the Honourable Laurel Broten, Minister of the
Environment announced on April 20, 2006 that she will be designating
HHW/HSWunder the Waste Diversion Act, 2002 in the near future;
AND WHEREAS the Waste Diversion Act, 2002 requires Waste
Diversion Ontario to develop waste diversion programs for
designated wastes;
AND WHEREAS wastes currently designated for diversion include only
(i) blue box waste, (ii) used oil, (M) used tires and (iv) electrical and
electronic equipment,
AND WHEREAS the Association of Municipalities of
Ontario/Association of Municipal Recycling Coordinators (AMO/AMRC)
has developed a position paper on the management of this waste
entitled "AMO and AMRC Proposal for a Provincial Household
Hazardous Waste and Special Waste Strategy;
AND WHEREAS AMO believes that in order for the Province to meet its
goals of designating HHW/HSW that it must provide clear direction in
respect of the following:
Recognition that HHW/HSW is a public health and safety issue
and that municipalities have a vested interest in an effective
HHW/HSW management system as it transcends all
environmental boundaries due to its potential impacts on air,
soil, municipal landfills, water, storm drains, sanitary sewers and
waste water treatment facilities;
a"
GENERAL COMMITTEE - SEPTEMBER 19, 2006
September 19, 2006 - 6 - Report No. EAC06-08
2. Recognition that the principles of Extended Producer
Responsibility (EPR) and Design for the Environment (DfE)
places the responsibility for product residuals and packaging on
industry;
3. Industry funding to operate, maintain and expand, as needed,
HHW/NSW collection infrastructure and public education
programs;
4. Utilize the CSA HHW standard and specify a short list of HSW
that includes latex paints and coatings, oil containers, oil filters,
propylene glycol, alkaline batteries and pharmaceuticals, and to
further stage in residential generated used motor oil as part of
the overall program;
5. Recognize that the current municipal level of service offered
across Ontario is varied and that it cannot be reduced but must
be improved to an acceptable standardized provincial level of
service to be determined in association with municipalities and
industry,
6. Require industry to fund and establish HHW/HSW related
research that provides scientific and verifiable data that can be
used to further enhance the system for uniform program delivery
for all residents across Ontario;
7. Support industry in its efforts for reduction, reuse and
reformulation initiatives via eco-labelling, procurement, outreach
and education programs;
8. Empower Waste Diversion Ontario (WDO) by ensuring thatit has
sustainable funding, full authority to develop an HHW/NSW
program and the necessarypolicy and approval support from the
Minister of the Environment.
AND WHEREAS the AMO Executive has approved this position paper in
principle and requests its support by municipalities in Ontario;
NOW THEREFORE BE iT RESOLVED that Council support in principle
this position paper prepared by the AMO/AMRC Waste Management
Task Force and seek the endorsement of this resolution by the local
municipalities;
-19-
GENERAL COMMITTEE - SEPTEMBER 19, 2006
September 19, 2006 - 7 - Report No. EAC06-08
AND FURTHER that this resolution be forwarded by the Regional Clerk
to the local municipalities for consideration and endorsement and to
AMO.
11. PW06-048 — Joint Municipal Waste Diversion Strategy
(Referred to EAC from September 5, 2006 General Committee)
THAT PW06-048 — Joint Municipal Waste Diversion Strategy be received for
information.
12. PW06-046 — Northern 6 Municipalities Joint Waste Collection
Contract — Results of Request for Proposals
(Referred to EAC from September 5, 2006 General Committee)
THAT PW06-046 - Northern 6 Municipalities Joint Waste Collection Contract —
Results of Request for Proposals be received for information.
13. Extract from July 11, 2006 Council
Correspondence from the Association of Municipalities of Ontario
Support for the AMO Position on Improving the Efficiency of the Blue Box
and
Correspondence from the Association of Municipalities of Ontario
Support of the Best Practice Team Project — Best Practices in Blue Box
Activities
THAT the correspondence from the Association of Municipalities of Ontario -
Support for the AMO Position on Improving the Efficiency of the Blue Box and
the Association of Municipalities of Ontario - Support of the Best Practice
Team Project — Best Practices in Blue Box Activities be received for
information.
14. Town of East Gwillimbury - Waste Diversion Reminders
THAT the information from the Town of East Gwillimbury - Waste Diversion
Reminders be received for information.
15. Pollution Prevention Workshop Information
THAT the Pollution Prevention Workshop Information be received for
information.
-20-
GENERAL COMMITTEE - SEPTEMBER 19, 2006
September 19, 2006 - 8 - Report No. EAC06-08
16. Notice of Motion from Councillor Morris (NEW ITEM)
Citizen Initiative to Conserve Energy and Control Escalating EnergV Costs
THAT the resolution from Councillor Morris regarding the Citizen Initiative to
Conserve Energy and Control Escalating Energy Costs be received and
endorsed, and
THAT this recommendation be presented at the September 12, 2006 Council
meeting for consideration.
17 Correspondence from the World Wildlife Fund Canada (WWF) (NEW ITEM)
Support of Resolution from Councillor Morris
THAT the correspondence from the World Wildlife Fund Canada (WWF) Support
of Resolution from Councillor Morris be received and referred to Council with
the endorsement of the Citizen Initiative to Conserve Energy and Control
Escalating Energy Costs; and
THAT this recommendation be presented at the September 12, 2006 Council
meeting for consideration.
ATTACHMENTS
Attachment #1 Copy of Committee Record No. EAC06-08
Schedule A Pesticide By-law Report
Schedule B Speaking Notes from the Canadian Association of Physicians for
the Environment
Reviewed by; Director of Public Works, ext. #4371
Prepared by: Karen Ewart, Administrative Co-ordinator/Deputy Clerk ext. #4222
Councillor V#endy Gaertner, Chair
Environmental Advisory Committee
-21-
GENERAL COMMITTEE — SEPTEMBER 19, 2006
tT,
ATTACHMENT-1
ENVIRONMENTAL ADVISORY COMMITTEE RECORD
MEETING NO. 06-08
Date:
Time and Location:
Monday, September 11, 2006
7:00 p.m., Leksand Room, Aurora Town Hall,
1 Municipal Drive
Present: Councillor Gaertner, Chair, Councillor Morris, Robert Cook,
Ellen Mole, Darryl Moore, Peter Piersol, David Tomlinson and
Susan Walmer
Absent: Klaus Wehrenberg
Staff Attendees: Wayne Jackson, Director of Public Works and Karen Ewart,
Administrative Co-ordinator/Deputy Clerk
Other Attendees: Oriana Broadbeck and Catherine Marshall
Councillor Gaertner called the meeting to order at 7:10 p.m.
DECLARATIONS OF INTEREST
There were no declarations of interest under the Municipal Conflict of Interest Act.
APPROVAL OF AGENDA
Moved by Susan Walmer
Seconded by Peter Piersol
THAT the agenda with the following additional items be approved:
CORRECTION
ITEM 3 b) Sustainable Green Community Policy
To be considered as a separate item on the agenda.
REPLACEMENT PAGES
ITEM 3 Replacement Agenda pages: 22, 23 and 31
ADDITIONAL ITEMS
NEW ITEM 3 d) Letter from Councillor Joe Mihevc
—22—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Environmental Advisory Committee Record No. 06-08 Page 2 of 12
Monday, September 11, 2006
NEW ITEM 3 e) City of Peterborough By-law 05-077 as amended by 06-
056 — Pesticide By-law
NEW ITEM 14 Notice of Motion from Councillor Morris
Citizen Initiative to Conserve Energy and Control
Escalating Energy Costs
NEW ITEM 15 Correspondence from the World Wildlife Fund Canada
(WWF)
Support of Resolution from Councillor Morris
CARRIED
APPROVAL OF MINUTES
1. Environmental Advisory Committee Meeting Record No. 06-07, dated Monday,
July 24, 2006
Moved by Robert Cook Seconded by Susan Walmer
THAT Meeting Record No. 06-07 dated Monday, July 24, 2006 be adopted
as printed and circulated by Corporate Services.
CARRIED
DELEGATIONS
None
MATTERS ARISING FROM PREVIOUS MINUTES
2. Report from Richard Wisemann
Planning for Tomorrow — Crucial Directions for Moving York (People
and Goods) York Region's Sustainable Transportation Symposium
Moved by Robert Cook Seconded by David Tomlinson
THAT the Planning for Tomorrow — Crucial Directions for Moving York
(People and Goods) York Region's Sustainable Transportation Symposium
be received for information.
CARRIED
—23—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Environmental Advisory Committee Record No. 06-08 Page 4 of 12
Monday, September 11, 2006
4. Sustainable Green Community Policy
Moved by Peter Piersol Seconded by Ellen Mole
THAT, in keeping with Goals B and C of the Strategic Plan, the
Environmental Advisory Committee adopt in principle and recommend to
Council, minimum thresholds for the performance of a variety of features of
both site and building design with the goal to promote better environmental
sustainability of development for Aurora; and
THAT Council request staff to report on the development of a sustainable
Green Community Policy for the Town of Aurora using the report "Making a
Sustainable City Happen: The Toronto Green Development Standard
2006" as a model; and
THAT such report be submitted to the new Environmental Advisory
Committee or in their absence, Council, by June 2007.
CARRIED
Councillor Morris left the meeting at 8:30 p.m.
5. EAC Budget Balance
Moved by David Tomlinson
Seconded by Susan Walmer
THAT the following funds be utilized for the upcoming special events from
the Environmental Advisory Committee budget for the balance of 2006:
Promotional material $750.00
Operational costs $625.00
Seminar costs $850.00; and
THAT any surplus funds be utilized to purchase anti -idling signs in 2006.
CARRIED
Moved by Susan Walmer Seconded by Ellen Mole
THAT Council be requested to allocate $10,000 in the 2007 Budget for the
Environmental Advisory Committee.
Councillor Morris returned at 8:37 p.m.
CARRIED
—24—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Environmental Advisory Committee Record No. 06-08
Monday, September 11, 2006
6. Verbal Update - Anti -idling sign progress
Nothing further to report
7. Verbal Update - Tannery Creek
Moved by Councillor Morris
Page 5 of 12
Seconded by Robert Cook
THAT the verbal report from the Director of Public Works be formalized in
writing to be presented to Council.
CARRIED
8. Environmental Advisory Committee Pending List
The Chairs of the working groups were requested to forward all updates to the
pending list to staff as soon as possible and the Environmental Advisory
Committee was requested to review the remaining pending list with staff.
WORKING GROUP UPDATES
By-laws/Planning/Policy
Nothing further to, report.
Natu ralizationNVild life
Moved by Ellen Mole
Seconded by Darryl Moore
THAT the verbal report from David Tomlinson be referred to the Public
Awareness/Education working group to be included in future newspaper
articles outlining the success of the NaturalizationNVildlife Working Group
projects.
CARRIED
Public Awareness/Education
Moved by Susan Walmer
Seconded by Ellen Mole
THAT the following list of upcoming events be received for information:
Ongoing
Submit entries to auroraeac@hotmail.com
Local Eco-Heroes
—25—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Environmental Advisory Committee Record No. 06-08
Monday, September 11, 2006
Ongoing- Fall (watch this
Enter by midnight,
Sunday, October 1st
Aurora's Most Cluttered
space for Contest Deadlines)
Bathroom Contest
Monday, Sept 18, 2006
7:00 p.m. - 9:00 p.m.
West -McKenzie Room, new Seniors' Centre, 5 Municipal Dr
Get Eco Fit Seminar #5
Subject: Hike the Aurora Arboretum
Page 6 of 12
Saturday, Sept 23, 2006
10:00 am — 1:00 pm
Tannery Creek running north and south through Fleury and Machell Park
area.
Meeting place: Aurora Community Centre parking lot south side of Aurora
Heights Blvd.
Fall Shoreline Cleanup (joining into TD Trust event)
Wednesday, Oct 18, 2006
At donated property
Dedication Event (assisting Oak Ridges Moraine Land Trust)
Saturday, Oct 21, 2006
9:am-3:pm
York Region Waste Management Centre,
100 Garfield Wright Blvd., East Gwillimbury
Re -use Event, York Region Re -usable Goods Collection Program
Saturday, Oct 28, 2006 7:00 a.m. — 5:00 pm
Aurora Great Curbside Giveaway
Sunday, Oct 29, 2006
Arboretum Valley
Community Planting of Maple Keys
Raindate: Sunday, Nov 5, 2006
Monday, Nov 20, 2006
West -McKenzie Room, new Seniors' Centre, 5 Municipal Dr
Get Eco Fit Seminar #6
Subject: Backyard Birds
Feb 2007
West -McKenzie Room, new Seniors' Centre, 5 Municipal Dr
Get Eco Fit Seminar #7
Subject: TBA (Garden start — Horticultural Society?)
—26—
Page 7 of 12
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Environmental Advisory Committee Record No. 06-08
Monday, September 11, 2006
Monday, Mar 19, 2007
West -McKenzie Room, new Seniors' Centre, 5 Municipal Dr
Get Eco Fit Seminar #8
Subject: TBA (Build bird and butterfly boxes?)
Monday, Apr 16, 2007
West -McKenzie Room, new Seniors' Centre, 5 Municipal Dr
Get Eco Fit Event #9
Subject: TBA (Put up bird and butterfly boxes?)
Saturday, April 28, 2007
Raindate: Sunday, April 29, 2007
Morning to Afternoon litter pick up; BBQ after
Spring Anti -Litter Day & Poster Contest
Saturday, April 28, 2007
7:00 a.m. — 5:00 pm
Aurora Great Curbside Giveaway
Monday, May TBA, 2007
West -McKenzie Room, new Seniors' Centre, 5 Municipal Dr
Get Eco Fit Seminar #10
Subject: TBA
Monday, June 18, 2007
West -McKenzie Room, new Seniors' Centre, 5 Municipal Dr
Get Eco Fit Seminar #11
Subject: TBA
Saturday, June 30, 2007
Aurora Great Curbside
Waste Management
Nothing to report.
7:00 a.m. — 5:00 pm
Giveaway
CARRIED
CORRESPONDENCE/MATTERS FOR CONSIDERATION
9. Region of York
Resolution — Household Hazardous Waste/Household Special Waste
Moved by Robert Cook Seconded by Peter Piersol
THAT Council endorse the following resolution:
—27—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Environmental Advisory Committee Record No. 06-08 Page 8 of 12
Monday, September 11, 2006
WHEREAS ensuring the proper disposal of Household Hazardous
Waste/Household Special Waste (HHW/HSW) is a public health and safety
issue;
AND WHEREAS municipalities have a vested interest in the operation of
an effective HHW/HSW management system in the Province of Ontario;
AND WHEREAS the Honourable Laurel Broten, Minister of the
Environment announced on April 20, 2006 that she will be designating
HHW/HSW under the Waste Diversion Act, 2002 in the near future;
AND WHEREAS the Waste Diversion Act, 2002 requires Waste Diversion
Ontario to develop waste diversion programs for designated wastes;
AND WHEREAS wastes currently designated for diversion include only (i)
blue box waste, (ii) used oil, (iii) used tires and (iv) electrical and electronic
equipment;
AND WHEREAS the Association of Municipalities of Ontario/Association of
Municipal Recycling Coordinators (AMO/AMRC) has developed a position
paper on the management of this waste entitled "AMO and AMRC Proposal
for a Provincial Household Hazardous Waste and Special Waste Strategy;
AND WHEREAS AMO believes that in order for the Province to meet its
goals of designating HHW/HSW that it must provide clear direction in
respect of the following:
1. Recognition that HHW/HSW is a public health and safety issue and
that municipalities have a vested interest in an effective HHW/HSW
management system as it transcends all environmental boundaries
due to its potential impacts on air, soil, municipal landfills, water,
storm drains, sanitary sewers and waste water treatment facilities;
2. Recognition that the principles of Extended Producer Responsibility
(EPR) and Design for the Environment (DfE) places the
responsibility for product residuals and packaging on industry;
3. Industry funding to operate, maintain and expand, as needed,
HHW/HSW collection infrastructure and public education programs;
4. Utilize the CSA HHW standard and specify a short list of HSW that
includes latex paints and coatings, oil containers, oil filters,
propylene glycol, alkaline batteries and pharmaceuticals, and to
further stage in residential generated used motor oil as part of the
overall program;
WI-C
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Environmental Advisory Committee Record No. 06-08 Page 9 of 12
Monday, September 11, 2006
5. Recognize that the current municipal level of service offered across
Ontario is varied and that it cannot be reduced but must be
improved to an acceptable standardized provincial level of service to
be determined in association with municipalities and industry;
6. Require industry to fund and establish HHW/HSW related research
that provides scientific and verifiable data that can be used to further
enhance the system for uniform program delivery for all residents
across Ontario;
7. Support industry in its efforts for reduction, reuse and reformulation
initiatives via eco-labelling, procurement, outreach and education
programs;
8. Empower Waste Diversion Ontario (WDO) by ensuring that it has
sustainable funding, full authority to develop an HHW/HSW program
and the necessary policy and approval support from the Minister of
the Environment.
AND WHEREAS the AMO Executive has approved this position paper in
principle and requests its support by municipalities in Ontario;
NOW THEREFORE BE IT RESOLVED that Council support in principle
this position paper prepared by the AMO/AMRC Waste Management Task
Force and seek the endorsement of this resolution by the local
municipalities;
AND FURTHER that this resolution be forwarded by the Regional Clerk to
the local municipalities for consideration and endorsement and to AMO.
CARRIED
INFORMATIONAL ITEMS
10. PW06-048 — Joint Municipal Waste Diversion Strategy
(Referred to EAC from September 5, 2006 General Committee)
Moved by Susan Walmer , Seconded by Councillor Morris
THAT PW06-048 — Joint Municipal Waste Diversion Strategy be received
for information.
CARRIED
—29—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Environmental Advisory Committee Record No. 06-08
Monday, September 11, 2006
11. PW06-046 — Northern 6 Municipalities Joint Waste Collection
Contract — Results of Request for Proposals
(Referred to EAC from September 5, 2006 General Committee)
Moved by Ellen Mole
Page 10 of 12
Seconded by Peter Piersol
THAT PW06-046 — Northern 6 Municipalities Joint Waste Collection
Contract — Results of Request for Proposals be received for information.
CARRIED
12. Extract from July 11, 2006 Council
Correspondence from the Association of Municipalities of Ontario
Support for the AMO Position on Improving the Efficiency of the Blue Box
and
Correspondence from the Association of Municipalities of Ontario
Support of the Best Practice Team Project — Best Practices in Blue Box
Activities
Moved by Ellen Mole
Seconded by David Tomlinson
THAT the correspondence from the Association of Municipalities of Ontario
- Support for the AMO Position on Improving the Efficiency of the Blue Box
and, the Association of Municipalities of Ontario - Support of the Best
Practice Team Project — Best Practices in Blue Box Activities be received
for information.
CARRIED
13. Town of East Gwillimbury - Waste Diversion Reminders
Moved by Ellen Mole Seconded by Robert Cook
THAT the information from the Town of East Gwillimbury - Waste Diversion
Reminders be received for information.
CARRIED
—30—
GENERAL COMMITTEE — SEPTEMBER 19; 2006
Environmental Advisory Committee Record No. 06-08
Monday, September 11, 2006
14. Pollution Prevention Workshop Information
Moved by Ellen Mole
Page 11 of 12
Seconded by Susan Walmer
THAT the Pollution Prevention Workshop Information be received for
information.
CARRIED
15 Notice of Motion from Councillor Morris (NEW ITEM)
Citizen Initiative to Conserve Energy and Control Escalating Energy Costs
Moved by Ellen Mole Seconded by Darryl Moore
THAT the resolution from Councillor Morris regarding the Citizen Initiative to
Conserve Energy and Control Escalating Energy Costs be received and
endorsed; and
THAT this recommendation be presented at the September 12, 2006
Council meeting for consideration.
CARRIED
16 Correspondence from the World Wildlife Fund Canada (WWF) (NEW ITEM)
Support of Resolution from Councillor Morris
Moved by Susan Walmer Seconded by Ellen Mole
THAT the correspondence from the World Wildlife Fund Canada (WWF)
Support of Resolution from Councillor Morris be received and referred to
Council with the endorsement of the Citizen Initiative to Conserve Energy
and Control Escalating Energy Costs; and
THAT this recommendation be presented at the September 12, 2006
Council meeting for consideration.
CARRIED
NEW BUSINESS
The Chair advised the Committee that she had received a letter from the Special Events
Committee thanking the Environmental Advisory Committee for their assistance at the
Canada Day Festival.
The Chair thanked all of the Members and Staff for their dedication and hard work for the
Environmental Advisory Committee.
—31—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Environmental Advisory Committee Record No. 06-08 Page 12 of 12
Monday, September 11, 2006
Councillor Morris advised the Committee that the Procedural By-law permits citizen
members of any advisory committees to be selected as Chair for that advisory
committee.
The Committee selected October 16, 2006 as the wrap up session and volunteer
appreciation evening. The Chair requested that all Chairs of the working groups prepare
a summary of their group's initiatives and successes to be presented at this session.
ADJOURNMENT
Moved by David Tomlinson
THAT the meeting adjourn at 9:55 p.m.
CARRIED
—32—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
SCHEDULE "A"
Environmental Advisory Committee - EAC
Policy / By -Law Sub -Committee
PESTICIDE BY-LAW REPORT
September 2006
Aurora, ON
—33—
GENERAL COMMITTEE - SEPTEMBER 19, 2006
Pesfidde By -Law Report
EAC — Policy / By-law Sub -Committee
Table of Contents
1. Introduction.................................................................................................................................................
3
2. Objective of By -Law ...................................................................................................................................4
3. Scope of By-Law.........................................................................................................................................4
4. Special Considerations................................................................................................................................5
4.1 Golf Courses.............................................................................................................5
4.2 Infestations................................................................................................................6
5. Implementation / Phase in..........................................................................................................................6
6. Enforcement...............................................................................................................................................7
7. Cost.............................................................................................................................................................7
8. Measuring effectiveness of by-law..............................................................................................................7
9. References.....................................................................................:.............................................................9
10. Definitions..............................................................................................................................6................10
Summary
It is proposed that the Town of Aurora adopt a By-law that prohibits
non -essential use, and regulates essential use of pesticides.
Section 130 of The Municipal Act gives a municipality the power to enact
by-laws for the purposes related to the health, safety and well-being of
its' inhabitants. The Act also gives a municipality the power and duty
to foster and protect the well-being of environment. To date 119
communities across Canada have by-laws regulating the use of
pesticides.
The proposed by-law, to be phased in over a 3 year period, would require
application practices on private land to be similar to what is now
current practice on town owned land. It would include public education
as a first step and would be complaint driven.
N934-of 9
GENERAL COMMITTEE - SEPTEMBER 19, 2006
Pesticide By,Law Report
EAC — Policy / By-law Sub -Committee
1. Introduction
Aurora is a family -friendly and green community and should remain as such. We
believe the citizens of Aurora would welcome greater protection for their health
and wellbeing.
According to the report "Private Property Pesticide By -Laws in Canada", over the
last decade the number of municipal pesticides by-laws adopted has increased to
a total of 119 across Canada. Municipalities of all sizes have passed various
forms of pesticide by-laws. The largest is the City of Toronto. And the smallest
being Sainte-Paule, QC (population 199). [See reference 1]
The By-law subcommittee has spent six months researching pesticides and
existing municipal by-laws to regulate them. We reviewed pesticides policies and
by-laws of many municipalities. Particular attention was paid to Markham ON,
Toronto ON, Caledon ON, Chelsea QC, Hudson QC, and Halifax NS.
Additionally we reviewed the report "The Impact of By -Laws and Public
Education Programs on Reducing the Cosmetic /Non -Essential Residential Use
of Pesticides: A Best Practices Review", prepared by the Canadian Centre for
Pollution Prevention (Government of Canada non-profit Crown Corporation) and
Pest Management Regulatory Agency (agency of Health Canada). [See
reference 2]
The Ontario College of Family Physicians study `Pesticide Literature Review -
Systematic Review of Pesticide Human Health Effects" has identified various
health concerns related to pesticide use. [See reference 3]
Aurora is within its rights and responsibilities to consider passing a by-law
relating to the pesticide use. This is supported by the Municipal Act of Ontario,
section 102, which says: "Every Council may pass by-laws and make such
regulations for the health, safety, morality and welfare of the inhabitants of the
municipality in matters not specifically provided for by this Act and for governing
the conduct of its members as may be deemed expedient and are not contrary
law".
2. Objective of By -Law
To have Aurora be an environmentally responsible community that protects the
health and well being of its citizens. Aurora is a family -friendly and green
community and should remain as such. We believe the citizens of Aurora would
welcome greater protection for their health and wellbeing.
3. Scope of By -Law
Pga5v 9
GENERAL COMMITTEE - SEPTEMBER 19, 2006
Pesticide By -Law Report
EAC - Policy / By-law Sub -Committee
The following recommendations for the scope of the pesticide by-law proposed is
based on, and is quite similar to the by-laws studied to produce this report. The
by-law should:
❑ Prohibit cosmetic application of pesticides.
❑ Be applicable to all lands (public and private) within the municipality, with
the exception of agricultural lands.
❑ Treat equally commercial applicators and private citizens
❑ State that pesticides are applied only when all the following conditions are
met:
o Warning notices are posted in the local prior to the application and
for 48 hours after.
o Pesticides should not be discharged during the months of July and
August. In the case of infestations special permission may be
granted.
o Discharge of pesticides should cover no more than 20% of the
horticultural landscape.
o Frequency of applications must be no more than once every 90
days.
o Wind velocity does not exceed 10 kilometers per hour.
o Temperature does not exceed 25 degrees.
o No part of application is less than 20 meters from natural open
water, wetland or well.
o Commercial applicators are required to have current IPN
accreditation, when applying.
o Application is not less than 50 meters radius measured from the
'boundary of a property containing any school, licensed day care
centre, park, playground, licensed senior citizens' residence,
university, church or hospital.
4. Special Considerations
There are some properties and situations that may require special consideration,
as described in sections 4.1 and 4.2.
4.1 Golf Courses
In the case the Pesticide By-law is adopted, a phase in period is suggested for
Golf Courses and would be effective as of the fifth anniversary of the date of the
adopted By-law.
When pesticides are applied in Golf Courses, they should only be applied when
the following conditions are met:
❑ Must be applied by an IPM certified applicator.
Pagp & of 9
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Pesticide By -Law Report
EAC — Policy / By-law Sub-Conunittee
❑ The pesticide is stored in a fire resistant and secured storage area,
which shall conform to the norms contained in the guide for the use of
pesticides entitled "Pesticides et entretien des espaces verts - bon
sens, bonnes pratiques" at (Envirodoq EN940069).
❑ The person or organization operating the golf course must maintain an
up-to-date inventory list of each pesticide used or stored on the golf
course and also the safety data sheets for each pesticide he has
applied or which is stored on the golf course. This information must be
provided to the Municipality upon request.
❑ In the month of January of every calendar year, the person or
organization who operates a golf course upon which a pesticide has
been applied in the preceding calendar year or who intends to apply a
pesticide in the following calendar year, shall submit to the Municipality
a written report containing the following information:
o All the measures been taken to control and limit the application
of pesticides.
o Detailed inventory of each pesticide applied during the
preceding calendar year.
o Schedule outlining in detail the dates and times when a
pesticide has been applied.
o Dates and times when he anticipates that a pesticide might be
applied in the following year.
❑ When a pesticide will be or has been applied to a portion of a golf
course, signs shall be placed every 16 meters along the perimeter of
the area upon which the pesticide has been or will be applied.
Reference: Chelsea (QC) pesticide by-law [see reference 41.
4.2 Infestations
A pesticide application may be carried out by a IPM licensed applicator to control or
destroy plants or insects if such plants or insects constitute a danger for human
beings or to control or destroy insects which have infested a property.
Reference: Toronto (ON) [see reference 5] and Halifax (NB) [see reference 61 pesticide by-laws.
5. Implementation / Phase in
The full implementation of the by-law will need a phase in period of
approximately 2 to 3 years.
Possible strategies include:
❑ First year of the By-law would implement:
o Public education
EAC website
Paga 7 of 9
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Pesticide By -Law Report
EAC — Policy / By-law Sub -Committee
■ Workshops
■ Pamphlets
■ Newspaper articles
❑ Second year of the By-law would implement:
o Public education
o Written warning
❑ Third year of the By-law would include:
o Public education
o Written warning
o Fines
6. Enforcement
The enforcement will be complaint driven.
The enforcement will consist of:
❑ One written warning provided by the by-law officer.
❑ Increasing level of fines for first and repeat infraction.
❑ Different fines for commercial and residential properties.
7. Cost
The cost of implementation of outreach component of the by-law will depend
greatly on the education strategy adopted and will likely range between CD$ 0.13
and CD$ 0.24 per citizen.
The cost to implement the by-law will likely be in the range of CD$ 0.50 to CD$
1.00 per citizen per year.
Reference: Report "The Impact of By -Laws and Public Education Programs on Reducing the Cosmetic /
Non -Essential Residential Use of Pesticides: A Best Practices Review" [Reference 2].
8. Measuring effectiveness of by-law
Appropriate measurement tools would be necessary to evaluate the level of
adoption of the by-law.
This task could be referred to one of the EAC Sub -Committees. It must be
undertaken prior to the commencement of the Policy / By -Law.
References:
Halifax Regional Municipality Pesticide By-law P-800, Respecting the Regulation of Pesticides, Herbicides
and Insecticides — 2001 Overview [reference 11]
PSO 9 of 9
GENERAL COMMITTEE - SEPTEMBER 19, 2006
Pesticide By -Law Report
EAC — Policy / By-law Sub -Committee
Halifax Regional Municipality Pesticide BymIaw P-800, Respecting the Regulation of Pesticides, Herbicides
and Insecticides — 2002 Overview [reference 121
Halifax Regional Municipality Pesticide By-law P-800, Respecting the Regulation of Pesticides, Herbicides
and Insecticides — 2003 Overview [reference 131
Halifax Regional Municipality Pesticide By-law P-800, Respecting the Regulation of Pesticides, Herbicides
and Insecticides — 2004 Overview [reference 14]
Pagep 9 of 9
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Pesticide By -Law Report
EAC — Policy / By-law Sub -Committee
9. References
This table depicts the reference documentation used to produce this report.
A compact disk (CD) accompanies this report and contains the softcopy of the
reference documents listed in this table.
Ref
Document Name
Issue Date
Author(s)
Private Property Pesticide By -Laws in Canada
January 5, 2005
Mike Christie
(mikechristie ro ers.com)
The Impact of By -Laws and Public Education
March 24, 2004
Jointly prepared by:
Programs on Reducing the Cosmetic / Non-
The Canadian Centre for
Essential Residential Use of Pesticides: A Best
Pollution Prevention
Practices Review
(chris(LDc2p2online.com)
Cullbridge Marketing and
Communications
(kassier culibrid e.com)
131
Pesticide Literature Review —Systematic Review of
April 23, 2004
Ontario College of Family
Pesticide Human Health Effects
Physicians
www.ocf .on.ca
Chelsea (QC) pesticide By-law
Publication date:
By -Law No. 488-98
Dec 10, 1998
Resolution Number 266-98
Adoption date:
Dec 7, 1998
Toronto (ON) pesticide By-law
Adoption date:
By -Law No. 456-2003
May 23, 2003
Halifax (NB) pesticide By-law
Effective date:
By -Law No. P-800
Aug 19, 2000
Amendment #1
Effective date:
Sep 27, 2003
Caledon (ON) pesticide By-law
2003
By -Law No. 2003-81
Peterborough (ON) pesticide By-law
Passed date:
By -Law No. 05-077
May 2, 2005
Effective date:
Mar 1, 2006
Classification of pesticides:
htti)://www.ovma.on.ca/l.eizis/CompendLiLulL-I.p.
df
Collection of materials related to th—Supreme Court
of Canada decisions on Municipal Powers to Set
By -Laws:
http://www.cela.ca/celacourts/detail.shtml?x
=1615
Halifax Regional Municipality Pesticide By-law P-
January 2001
Stephen King
800, Respecting the Regulation of Pesticides,
Manager -Senior Advisor —
Herbicides and Insecticides — 2001 Overview
Parks & Natural Areas, HRM
Halifax Regional Municipality Pesticide By-law P-
December 2002
Stephen King
800, Respecting the Regulation of Pesticides,
Manager -Senior Advisor —
Page 8 of 9
—40—
GENERAL COMMITTEE - SEPTEMBER 19, 2006
Pesticide By -Law Repod
EAC - Policy / By-law Sub -Committee
Ref
IDocument Name
Issue Date
Author(s)
Herbicides and Insecticides — 2002 Overview
Parks & Natural Areas, HRM
Halifax Regional Municipality Pesticide By-law P-
November 2003
Stephen King
800, Respecting the Regulation of Pesticides,
Manager -Senior Advisor —
Herbicides and Insecticides — 2003 Overview
Parks & Natural Areas, HRM
Halifax Regional Municipality Pesticide By-law P-
December 2004
Stephen King
800, Respecting the Regulation of Pesticides,
Manager -Senior Advisor —
Herbicides and Insecticides — 2004 Overview
Parks & Natural Areas, HRM
10. Definitions
Pesticide
Any substance, matter or micro-organism intended to control, destroy, reduce, attract or
repel, directly or indirectly, an organism which is noxious, harmful or annoying for a
human being, fauna, vegetation, crops or other goods or intended to regulate the growth
of vegetation, excluding medicine or vaccine.
For classification of pesticides, see reference 9.
For definition of pesticides, see references 5 and 6.
Infestation
The presence of insects in numbers or under conditions which involve an immediate
potential risk of substantial loss or damage.
IPM accredited
A person who obtains and maintains accreditation in a recognized integrated pest
management program, as determined by the town.
Pagei of
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Canadian As of Physicians for the Environment
SCHEDULE "B"
Speaking Notes for Newmarket Meeting on Pesticides
June 26, 2006
Committee Members,
e
Thank you very much for giving me this opportunity to speak today, My name is
Gideon Forman and I'm Executive Director of the Canadian Association of Physicians
for the Environment (CAPE).
Chaired by Dr. John Howard, a specialist at the Children's Hospital of Western
Ontario, CAPE represents hundreds of medical doctors across Canada who are working
to protect their patients' health by protecting the environment.
We take a rigorous, science -based approach, carefully examining the best
available research before intervening in public policy debates. Earlier this month we
received a 2006 Canadian Environment Award from the Government of Canada in
recognition of our work on pesticide education.
I know the speakers' line-up is long today so I'll keep my remarks brief.
CAPE is here to urge Newmarket to pass the strongest pesticide bylaw in order to
offer local citizens — especially children — the strongest possible protection.
—42—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
You're going to hear a lot of arguments this evening both in favour and against a
pesticide bylaw, And we realize that this is not an easy decision for you,
But at the end of the day we urge you to ask yourself one simple question: Whom
do you trust? Do you trust the people who support a bylaw or do you trust those who
013pose it?
Who support a bylaw? Canada's most respected health authorities do. Bylaw
supporters include the Canadian Cancer Society, the Ontario College of Family
Physicians, the Registered Nurses' Association of Ontario, the Ontario Medical
Association's Section on Pediatrics, the London Regional Cancer Program, and the
Children's Hospital of Eastern Ontario, among others.
Now let's look at who's against a bylaw. One of the main organizations is the
Pesticide Management Regulatory Agency (PMRA).
But doctors have three significant concerns about the PMRA.
First, the PMRA derives a portion of its funding from the very manufacturers it is
mandated to regulate. An investigation done by CTV's W5 in October, 2002 found that
the PMRA receives about 2,5% of its funding from Pesticide manufacturers —in the form
of fees paid by manufacturers prior to their products' evaluation. That certainly seems
—43—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
like a conflict of interest: The PMRA receives funding fiom the very manufacturers it is
supposed to regulate.
Second, the studies the PMRA looks at during its pesticide evaluations are done
by the manufacturers themselves. In other words, the very companies who want Their
Product registered are providing the studies on which that registration would be granted.
That again sounds like a problem.
Third, the studies the PMRA assesses are mostly kept secret. The public has no
access to them — so we really don't know whether they represent good research or bad.
We simply can't get hold of them.
So who supports a pesticide bylaw? Local citizens do. And so do the most
distinguished health authorities in the community,
Who ormoses a bylaw? The pesticide industry, of course, but also the PMRA — an
agency which suffers from some very serious conflicts of interest.
In conclusion, doctors hope you will trust our most respected medical experts —
and your local constituents -- and pass the strongest pesticide bylaw possible.
More precisely, we hope you will model your bylaw on the one passed in
Peterborough. Peterborough's pesticide bylaw is
—44—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
® -Casy for citizens to understand
a Highly protective of human health
■ Has common sense exemptions for swimming pools and commercial farmers
■ And is easy for the city to enforce.
e
Thank you again for giving us the opportunity to speak and I would be happy to
answer any questions.
[END]
- —45—
GENERAL COMMITTEE - SEPTEMBER 19, 2 06
TOWN OF AURORA
COUNCIL REPORT No. AAC06-05
SUBJECT: August 31, 2006 Accessibility Advisory Committee Meeting
FROM: Chair
Committee Members
DATE: September 19, 2006
RECOMMENDATIONS
- John Lenchak
- Catherine Couchman, Vice -Chair
and Helen Kogan
1. THAT the Committee Record of the Accessibility Advisory Committee
Meeting 06-06 held on August 31, 2006 be received as information and the
following recommendations of the Accessibility Advisory Committee be
endorsed:
2. Accessibility Plan 2006 — Project updates
THAT the Accessibility Plan 2006 — Project updates be adopted as
submitted.
3. Correspondence from the Region of York
AODA Standards Update
THAT the Correspondence from the Region of York regarding the AODA
Standards Update be received for information.
4. Accessibility Advisory Committee Website
THAT the information regarding the Accessibility Advisory Committee
Website be received for information; and
THAT Committee members be requested to investigate other municipal
websites, of this nature, for content or applications which could be
beneficial for the Town of Aurora Website, and forward any suggestions or
comments to the Director of Corporate Services.
5. Copy of Correspondence to the Real Canadian Superstore Accessibility to
Medical Clinic
THAT the correspondence to the Real Canadian Superstore regarding
Accessibility to Medical Clinic be endorsed by the Accessibility Advisory
Committee.
Em
GENERAL COMMITTEE - SEPTEMBER 19, 2006
May 9, 2006 - 2 - Report No. AAC06-04
6. City of Vaughan - Invitation to the Regional Accessibility Advisory
Committees Breakfast Meeting - September 25, 2006
THAT the invitation to the Regional Accessibility Advisory Committees
Breakfast Meeting on September 25, 2006 be received as information; and
THAT John Lenchak and Catherine Couchman attend the Breakfast
Meeting, on behalf of the Committee.
7. Correspondence from Carrie Eastwood - ADAPT Services
THAT the correspondence from Carrie Eastwood regarding ADAPT
Services be received as information.
ATTACHMENTS
1. Copy of Committee Record No. 06-06
Prepared by: Carrie Eastwood, Council/Committee Secretary Ext. 4222
Reviewed by: John Lenchak, Chair Accessibility Advisory Committee Ext. 4225
John Lenchak, Chair
Accessibility Advisory Committee
-47-
GENERAL COMMITTEE - SEPTEMBER 19, 2006
COMMITTEE RECORD
MEETING NO. 06-06
Committee: Accessibility Advisory Committee
Date: Thursday, August 31, 2006
Time and Location: 3:30 p.m., Leksand Room
Committee Members: John Lenchak, Chair, Catherine Couchman, Vice -Chair and
Helen Kogan, Nadine Raymond, Councillor John West
Absent: None
Other Attendees: Director of Corporate Services/Town Clerk and Council and
Committee Secretary.
The Chair called the meeting to order at 3:50 p.m.
DECLARATIONS OF INTEREST
There were no declarations of interest under the Municipal Conflict of Interest Act.
APPROVAL OF AGENDA
Moved by Catherine Couchman Seconded by Helen Kogan
THAT the content of the agenda be approved.
CARRIED
MINUTES OF THE PREVIOUS MEETING
1. Accessibility Advisory Committee Minutes Number 06-05, June 22, 2006
Moved by Catherine Couchman
Seconded by Helen Kogan
THAT Accessibility Advisory Committee Minutes Number 06-05, be
approved.
CARRIED
mom
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Accessibility Advisory Committee Record No. 06-06
Thursday, August 31, 2006
MATTERS FOR CONSIDERATION
2. Accessibility Plan 2006 — Project updates
Page 2 of 4
Moved by Catherine Couchman Seconded by Helen Kogan
THAT the Accessibility Plan 2006 — Project updates be adopted as
submitted.
CARRIED
3. Correspondence from the Region of York
AODA Standards Update
Moved by Catherine Couchman Seconded by Helen Kogan
THAT the Correspondence from the Region of York regarding the AODA
Standards Update be received for information.
CARRIED
4. Accessibility Advisory Committee Website
Moved by Helen Kogan Seconded by Catherine Couchman
THAT the information regarding the Accessibility Advisory Committee
Website be received for information; and
THAT Committee members be requested to investigate other municipal
websites, of this nature, for content or applications which could be
beneficial for the Town of Aurora Website, and forward any suggestions or
comments to the Director of Corporate Services.
CARRIED
—49—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Accessibility Advisory Committee Record No. 06-06 Page 3 of 4
Thursday, August 31, 2006
CORRESPONDENCE
5. Copy of Correspondence to the Real Canadian Superstore Accessibility to
Medical Clinic
Moved by Helen Kogan Seconded by Catherine Couchman
THAT the correspondence to the Real Canadian Superstore regarding
Accessibility to Medical Clinic be endorsed by the Accessibility Advisory
Committee.
6. City of Vaughan
Invitation to the Regional Accessibility Advisory Committees Breakfast Meeting —
September 25, 2006
Moved by Helen Kogan
Seconded by Catherine Couchman
THAT the invitation to the Regional Accessibility Advisory Committees Breakfast
Meeting on September 25, 2006 be received as information; and
THAT John Lenchak and Catherine Couchman attend the Breakfast Meeting, on
behalf of the Committee.
7. Correspondence from Carrie Eastwood
ADAPT Services
Moved by Helen Kogan
Seconded by Catherine Couchman
THAT the correspondence from Carrie Eastwood regarding ADAPT Services be
received as information.
CARRIED
—50—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Accessibility Advisory Committee Record No. 06-06 Page 4 of 4
Thursday, August 31, 2006
OTHER BUSINESS BY MEMBERS
John Lenchak expressed concern regarding an issue which was highlighted in a local
publication regarding the misuse of accessible parking spaces. The Director of
Corporate Services advised that he would follow up with the publication on this matter.
ADJOURNMENT
Moved by Catherine Couchman
THAT the meeting adjourn at 4:45 p.m.
CARRIED
—51—
GENERAL COMMITTEE - SEPTEMBER 19, 2006
Duplicate Information Removed
From Agenda Package
-52-
GENERAL COMMITTEE - SEPTEMBER 19, 2006
-53-
GENERAL COMMITTEE - SEPTEMBER 19,
11_ 1I Z
To: Mayor and Members of Council
From: W. H. Jackson, Director of Public Works
CC: John Rogers, C.A.O.
Date: September 19, 2006
Re: Tannery Creek — Elevated Metal Concentrations in Sediment
At the September 11, 2006 meetir
provide Council with an update on
the Environmental Advisory Committee staff was requested to
above noted matter.
As Council is aware, this matter has resided with the Ministry of the Environment (the "Ministry) for
some time.
In May 2006, staff received a copy of a May 10, 2006 internal Ministry memorandum providing some
commentary on the sediment contaminations we measured in certain areas of Tannery Creek and
what our next steps should be. Based on this memorandum and subsequent telephone and e-mail
communications, the Ministry:
• does not recommend removal of the contaminated sediments from the creek bed; and
• does not see a contamination risk to local groundwater from these sediments.
The Ministry deferred taking a stand on any potential adverse health impacts of the contaminated
sediments by referring this matter to the York Regional Medical Officer of Health and noting that the
Ministry's sediment criteria do not necessarily correlate to human health effects, but were developed
to reflect the effect on aquatic and benthic organisms. To this end, the Ministry felt further study
(bioassay/benthic survey) to assess the potential risk to aquatic and benthic organisms is warranted.
The Ministry review,did not agree that a source of contamination has been identified. In the Ministry's
opinion, there is insufficient information available at present to isolate a sindp source of contamination
and rule out other possible sources. Further, the Ministry was unable to determine if the
contamination reflected a historical source or if there is potentially an ongoing source. The Ministry
feels that significantly more information would be required to resolve the spatial and temporal source
of contamination and with many potential contributors, it may be difficult to apportion the
contamination to a specific source(s).
The Ministry is advocating additional work to answer some of the above noted questions.
Unfortunately, portions of the creek that would be involved in these further works are under private
ownership and we are continuing to discuss this matter with the Ministry. A meeting was held with
Ministry staff on August 29, 2006 and further meetings are being scheduled to develop the work plan
to move this matter forward.
W.H.Jackson
Director of Public Works
—54—
GENERAL COMMITTEE - SEPTEMBER 19, 2006
ACENI A ITEM (4o
TOWN OF AURORA
GENERAL COMMITTEE REPORT No. BA06-012
SUBJECT: Building Administration Operational Review
FROM: Techa van Leeuwen, Director of Building Administration
DATE: September 19, 2006
RECOMMENDATIONS
THAT Council authorize a contract with CN Watson and Associates Ltd. to
complete a Building Administration Operational Review for the purpose of
streamlining process to meet legislative timeframes for building permits; and
THAT the Operational Review be funded through the 2006 Building
Administration Operating Budget.
BACKGROUND
On October 4th, 2005 Council authorized the completion of a development application
approval process (DAAP) review by an external Consultant to determine appropriate fees
for development applications as a result of amendments to the Building Code Act through
the enactment of Bill 124, an act to improve public safety and increase efficiency in building
code enforcement.
CA Watson and Associates Ltd. were the successful Consultants chosen through a
Request for Proposal (RFP) process and have been working with Town staff to complete
the study based on the Terms of Reference and Work Plan submitted with the RFP. The
study utilizes an Activity Based Model and initial staff capacity outcomes have raised
concerns for the Building Administration Department in terms of meeting the new legislated
timeframes for review of permits and inspections while providing other Council mandated
services outside the scope of the Building Code.
COMMENTS
In January of 2006, the vacant position of Director of Building Administration was filled and
a new Chief Building Official appointed for the Town. The past nine months has been a
period of transition for the department with new leadership and new legislative
requirements under the building code. An internal evaluation has revealed opportunities to
increase efficiencies and provide service improvements. In addition, initial outcomes of the
DAAP review support the notion of the need for an operational review to establish a
departmental structure prepared to implement and meet the requirements of Bill 124,
administer the new objective based code coming into effect December 31, 2006 and
delivery other departmental services. —55—
GENERAL COMMITTEE - SEPTEMBER 19, 2006
September 19, 2006 - 2 - Report No. BA06-012
New Leaislative Timeframes for Buildinq Permits
Under the regulatory framework of the Building Code Act, the Building Administration
Department is responsible for the review of building permit applications to ensure
compliance with zoning, the building code, and other applicable law as well as the
inspection of all new construction in the Town.. Building Administration is also responsible
for other permits and services such as lot grading, complaint driven inspections, pool
enclosure permits, sign permits, comments on development applications, compliance
reports and permitted use letters.
On June 27, 2002 Bill 124 received Royal Assent amending the Building Code with a focus
on three main areas: streamlining, knowledge and accountability. Transitioning rules
introduced the streamlining amendments in January of 2006 and include timeframes for the
review of building permit applications and mandatory inspections for stages of construction.
Duties and responsibilities for departmental service delivery, is shared amongst all staff
with the mandated administration and enforcement of the building code being first priority.
Attending to and balancing workload has become increasingly difficult for staff. Initial
results from the DAAP review indicate some staff is significantly over capacity clearly
indicating a need to further review internal processes and staff resources.
Objective Based Codes
Subsequent to the Bill 124 amendments the Ministry of Municipal Affairs and Housing
developed a new 2006 Building Code with most changes coming into force on December
31, 2006. With over 700 technical changes the new code is written is an objective based
format to promote innovation and flexibility in design and construction. The objective
based format is a completely new concept for building officials in the administration of the
building code.
The current code provides prescriptive requirements that designers must comply with.
The new code allows for designers to provide alternative solutions that will meet the
intended objective and functional statements of the code. Building inspectors will be
required to review and analyze alternative solutions in building design to determine if the
required performance level is achieved.
Underthe DAAP model the actual time assigned to the functional area of plan review does
not take into consideration the potential increase and complexity resulting from the new
format. The current departmental structure consists of dual capacity generalist type
inspectors that do both plan review and inspections. A review of the structure and clarity of
roles would ensure we are equipped with the appropriate staff resources to fulfil our role as
building officials for the Town.
—56—
GENERAL COMMITTEE - SEPTEMBER 19, 2006
September 19, 2006 - 3 - Report No. BA06-012
OPTIONS
Building Administration could undertake to complete an operational review in house.
However, a review of this magnitude would take considerable staff resources hindering our
ability to perform the day to day business.
FINANCIAL IMPLICATIONS
CN Watson and Associated Ltd. are currently engaged in the DAAP review using an
Activity Based Cost Recovery Methodology and have the necessary background data to
proceed with a Building Administration operational review. CN Watson and Associates Ltd.
have conducted similar reviews for other municipalities such as Vaughan, Niagara Fall and
Burlington and are familiar with recent changes to the building regulatory framework. If we
were to go through an RFP process for the operational review the background information
would not be available to other consultants. The review would not have the same depth
and would take much longerto complete. Building Administration is targeting the review to
occur over the winter months with implementation of recommendations for the 2007
spring/summer construction season.
The cost of the review by CN Watson and Associates Ltd. is projected at $15,000.00 and
would be funded through Building permit revenues. Building Department year to date
revenues for 2006 are above targeted amounts and expenditure are down. Included in the
2006 Operating Bpdget was the establishment of an obligatory reserve fund since Bill 124
requirements state the building permit fees must reflect the anticipated cost of providing
the service. Building permit fees can no longer be used to subsidize other municipal
services and should be used to ensure municipalities are able to meet service delivery
demands.
CONCLUSIONS
The Building Administration Department has undergone significant changes with the
appointment of a new Chief Building Official and the implementation of Bill 124 and will
continue to be faced with challenges administering a new building code format. An
operational review by CN Watson and Associated Ltd would make use of structured staff
interviews, facilitated brainstorming sessions, performance data and best practice models
from other jurisdictions.
Some of the benefits of an operational review include effective workload management,
improved service delivery and streamlined processes. Staff feels an operational review is
key in delivering effective departmental services that meet legislative requirements and the
needs of the Town and its residence.
LINK TO STRATEGIC PLAN —57—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
September 19, 2006 - 4 - Report No. BA06-012
Goal C — Promote a healthy environment that fosters social and physical well being.
Goal D — Ensure transparent, accountable and open governance in concertwith informed
and involved citizens.
PRE -SUBMISSION REVIEW
Management Team Meeting — September 13th, 2006
Prepared by., Techa van Leeuwen, ext. 4748
f ,i� ¢ /
Techa van Leeuwen
Director of Building Administration
ohn S. Rogers
C.A.O.
I&T-M
GENERAL COMMITTEE - SEPTEMBER 19, 2006
AGENDA ITEM #
TOWN OF AURORA
GENERAL COMMITTEE REPORT No. PW06-049
SUBJECT: Funding For the Replacement of Fuel Pumps and Fuel Management
System
FROM: W. H. Jackson, Director of Public Works
DATE: September 19, 2006
RECOMMENDATIONS
That Council approve and allocate the necessary funding to proceed with the
replacement of the fuel pumps and fuel management system at the Works Yard, 9
Scanlon Court, as described in Report PW06-049 and more particularly that an
additional $30,000 for this project be provided from the Equipment Reserve Fund;
That staff be requested to report further on the award of a contract to upgrade the
Town's fuel dispensing and management systems; and
That staff report further on the cost and benefits of using dyed -diesel fuel for non -
licensed equipment.
BACKGROUND
In considering Report PW05-030 - Fleet Management Review, Council at its meeting of
November 22, 2005 adopted, among other items, Recommendation No. 4.5.1 from the
project consultant which states that we should:
"Budget to replace the fuel management system during 2006."
In addition, Council requested staff 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".
COMMENTS
1. Existing Fuel System at 9 Scanlon Court
The existing fuel system at 9 Scanlon Court is comprised of the following three
components:
-59-
GENERAL COMMITTEE - SEPTEMBER 19, 2006
September 19, 2006 - 2 - Report No. PW06-049
storage system;
dispensing system; and
management system.
1.1 Storage System
Currently the fuel is contained in two underground 36000L fuel storage tanks. Each
of the tanks and connecting lines were inspected byTanknology in November2005,
to ensure they meet regulatory standards and were free from any defects or leaks.
A Vacutect test was performed on the tanks which tests the integrity of the storage
tank. The lines to the tanks were also precision tested to ensure they are free from
any defects or leaks and to ensure the lines to the storage tanks are pressurized
with product. The tanks were found to be in reliable condition, free from any defects
or leaks and each line passed the testing process.
Recent changes in legislation, more specifically, Ontario regulation 535105, Ethanol
in Gasoline, requires all unleaded fuel to be blended with an average of 5 percent
ethanol. This change is meant to reduce our country's dependency on non-
renewable fossil fuels and will reduce the emissions of carbon monoxide, particulate
matter and some toxins into our environment.
Our first expected fuel delivery will be in January 2007. As part of the regulatory
requirements, we are expected to, at minimum, ensure tank compatibility with the
new blend of fuel, fit each dispenser pump with a micron filter, and perform a
thorough tank cleaning.
Our tanks are composed of an "All Fuels Resin" which is compatible with and will
adapt well to ethanol blended fuel. The unleaded fuel tank was installed in 1990,
and has a 30 year manufacturer's warranty.
However, it is imperative that the other maintenance such as fitting a new micron
filter for the unleaded fuel dispenser and performing a tank cleaning be completed
prior to our first delivery of ethanol blended fuel in January 2007.
1.2 Dispensing System
The aging pumps at the Works Yard are a mid 1970's vintage and have surpassed
their useful service life in dispensing gasoline and diesel fuel. The pumps provide
the fuel needs for Public Works, Parks Operations, Leisure Services, By -Law and
Central York Fire Services. The continued uninterrupted operation of the fuel
dispensing system is a critical and essential service that also supports the Town's
Emergency Response Plan.
GENERAL COMMITTEE - SEPTEMBER 19, 2006
September 19, 2006 - 3 - Report No. PW06-049
1.3 Management System
Current fuel dispensing. is controlled by an 11 year old Gasboy management
system which is unable to support current software, networking capabilities
and financial reporting requirements.
As can be seen, the two areas of concern relate to the dispensing and management
systems. Staff have investigated the specific requirements for these systems and have
identified that additional retrofitting works are required above those originally anticipated to
ensure compliance with the Technical Standards and Safety Act Regulations for the
handling of fuel. Structures such as concrete spill pads, improved double wall piping
systems, automated tank level monitoring capabilities and provisions for emergency
switching arrangements are additional works that need to be included into the overall
replacement works. To undertake this work, it was determined that additional funds in the
amount of $30,000 are required. Inasmuch as fuel dispensing is an integral part of the
Town's fleet, staff believe these funds could appropriately be provided from the Fleet
Equipment Reserve Fund.
2. Dyed -Diesel Fuel
Dyed -diesel is fuel that is used by vehicles classified as agricultural non -licensed
equipment and is exempt from paying the road tax on the fuel. To provide this fuel, a third
tank will be required. Staff is presently reviewing this matter in detail and will report further
to Council on the costs and benefits of such a system.
3. Evaluation, of Provision of On -Site Fuel
An alternative to providing on -site fuel is to obtain fuel from off -site private vendors. The
cost of fuel would, most likely, not be cheaper than present costs because the Town of
Aurora is a party to the York Region Co-operative Purchasing and thereby obtains bulk
rates.
The advantage to the Town would be elimination of the need to upgrade and maintain our
existing system. At present this is in the order of $80,000 and, of course, will continue as
the need for replacement of the various components continues. There are a couple of
disadvantages however. There will be increased time and energy spent in driving all our
vehicles to the off -site location(s) although all efforts would be made, of course, to
minimize these "out-of-the-way" costs.
The main disadvantage, however, would be the loss of a round-the-clock secure supply of
fuel under the Town's control. This supports the Town's Emergency Plan and was, in fact,
put to the test during the 2003 blackout.
In consideration of the above, it is suggested that the Town continue to operate and
maintain its' own fuel storage and dispensing system.
-61-
GENERAL COMMITTEE — SEPTEMBER 19, 2006
September 19, 2006 - 4 - Report No. PW06-049
OPTIONS
Council may wish staff to obtain fuel from off -site private venders and request staff to
report further on this option.
FINANCIAL IMPLICATIONS
The original pump cost replacement and fuel management system estimates remain within
the previous Budget targets, however, the need to retrofit certain infrastructure to bring the
system into compliance with current regulations will result in additional funding needs. The
funding sources from the particular areas are as listed below.
Table No. 1 — Pump and Fuel Management Replacement and Costs
Funded From: Amount Description
2005 Capital Budget $20,000
Public Works - Original 2005
Pump Replacement Estimate
2006 Capital Budget $10,000
Public Works - Additional
Funding from Fleet Report
Comments
2006 Capital Budget $20,000
Financial Services - Funds for
Advancements in Information
Technology
Equipment Reserve Fund $30,000
Public Works - Additional
Funding From Reserve Fund
Total $80,000
As noted in Section 1 of this report, an additional $30,000 is estimated to be required,
funds for which are proposed to be provided from the Equipment Reserve Fund. Upon
purchase of the new fuel system, the unit will be included and listed as an asset in the
Town's equipment life -cycle schedule. As with other equipment and assets, the capital cost
of the new system will then be spread out over the period of its life expectancy with its
replacement funded by future reserve contributions.
—62—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
September 19, 2006 - 5 - Report No. PW06-049
CONCLUSION
The existing fuel pumps and dispensing infrastructure at No. 9 Scanlon Court are in
deteriorating condition and may not be able to sustain operation until the end of this year
nor remain in compliance with the current Fuel Handling Act legislation. As well, the
outdated computer hardware and software that control the current fuel management
system can no longer depend on any technical support and is at risk of complete
information irretrievability.
The additional funding request presented in this report will provide the necessary means to
proceed with a 2006 replacement project.
LINK TO STRATEGIC PLAN
Goal C: Promote a healthy environment that fosters social and physical well-being
(Develop strategies to encourage stewardship of Aurora's air, water and land resources)
By continued regulatory compliance of the T.S.S.A, Fuel Handler's Act.
ATTACHMENTS
Appendix "A" — 2005 Capital Budget Sheet
Appendix "B" — 2006 Capital Budget Sheet
PRE -SUBMISSION REVIEW
Management Team Meeting — September 13, 2006
Prepared by: Peter Horvath, Manger of Operations Services, Ext: 3446
/t//, /� - .
W. H. Jack a,o! JSRogers
Director of Public Works C.A.O
—63—
GENERAL COMMITTEE — SEPTEMBER 19, 2006 APPENDIX"A"
TOWN OF AURORA
Project ID :
Project Name
CAPITAL BUDGET -ANALYSIS BY PROJECT
Pa a No: 13
34206
New. Fuel Pumps
Department: lWorks
Service / Program : Works
Year of Initiation : 2005
Flexible: Yes
Program: Equipment -- To replace existing 30 year old fuel pumps at Work Yard
-rrrcreasea aarery anu rues ueuvery %iysrem
- Decrease non-compliance issues with Fuel Handling Regulations
5�1�17 Ss. 1G�{sTSa t�swiz�y
Existing gas and diesel fuel pumps at 9 Scanlon Crt, have reached their useable service life and have been
experiencing increased breakdowns. Continuous uninterupted fuel delivery is vital for all Public Works, Parks,
Liesure and Fire Services operations.
r Mf
tDeecr[ k�ao r� -. c orr „r4
s _D66 `�T 3 2Da ' ni,'
Estt[it,ated Expedl{tiFes, t,j, s
} G a g
E ui ment-Other : @,I � 20�000
20,000� � � ��
� d1F,lh_ncmg0W.F
E ltnttmt a 4,a
Municpal Caul
I 1 500�
12 500
Reseives
_
Storm Sewers
TM 2 50b
_ 2 500
Water & Sewer _
5060
�
5,000
Reserve"funds H, `�,�f
7500 ��mm
.7,500
,TOOL.E#Iif dted!Flnant uig
FINAL CAPITAL BUDGET 2005-2009 —44F�CH 29, 2005
AlifiA "M& I T 1 [ 01'hP I1
1;0, 2�Q,�5 APPENDIX `B"
O N OF AURO
Project ID :
Project Name
Department:
Service ! Program
Year of Initiation
Flexible:
CAPITAL BUDGET - ANALYSIS BY PROJECT
Pa a No: 9
34206
New Fuel Pumps
Works
Works
2006
Yes
Program: Equipment —To replace existing 30 year old fuel pumps at Work Yard. Additional $1OK
requested for 2006 as per recommendations from Fleet Management Study.
- Increased Safety and Fuel Delivery System
- Decrease non-compliance issues with Fuel Handling Regulations
Existing gas and diesel fuel pumps at 9 Scanlon Crt, have reached their useable service life and have been
experiencing increased breakdowns. Continuous uninterupted fuel delivery is vital for all Public Works, Parks,
Llesure and Fire Services operations.
i
Tojal
��
I scn::_on s _;
3
Probe .2DWI
--
_Esfirtiated;EXpendit�urosd.
E ui ment-Other
� ,Y . ,.46,066,
io,000
Total. Estrmatei';Expenditures.
1,9,600
'
�...._.._._....
Estimated Finanang'
._•_.....__.__.
_._._...
_. �.-. ._
Municipal Capital
3 000
3,000
�3;000
.. 3E000._.�,_._._._.
Storm Sewers
4;Ob0
4 000
Water & Sewer
3,000
3 000
Reserve Funds
7,000
7,0001
Total Estimated Financing, 1
10,0001
10,0601
1 _
N
-65-
GENERAL COMMITTEE - SEPTEMBER 19, 2006
[AGENDA ` �)
GENERAL COMMITTEE REPORT No. PW06-050
SUBJECT: Request to Transfer Ownership of a Section of Town of Aurora
Watermain to the Region of York
FROM: W. H. Jackson, Director of Public Works
DATE: September 19, 2006
RECOMMENDATIONS
That Council approve the assumption by the Region of York of section of the Town
of Aurora's watermain network on Orchard Heights Boulevard and Bathurst Street
as detailed in Report PW06-050; and
That the Regional Municipality of York be advised of Council's decision,
BACKGROUND
As part of its long term water supply program, the Regional Municipality of York (the
"Region") is in the process of constructing the necessary infrastructure to bring waterfrom
Peel Region to serve Aurora and Newmarket. A numberof projects have been completed
or underway to date to extend the new water system to Aurora. One of the next steps in
this process is to,extend the new water system north along the west sides of Aurora and
Newmarket from the Orchard Heights elevated tank in Aurora to the west Newmarket
reservoir. This project is scheduled for construction in 2007.
In this light, the Region undertook a Class Environmental Assessment in 2004/2005 to look
at routes for the new watermain. The preferred routes were determined to be along
Orchard Heights Boulevard from the elevated tank to Bathurst Street, and then north on
Bathurst Street into Newmarket.
Along part of the route (see map attached to Region Report, Appendix "A") there is an
existing Town of Aurora watermain that is the same size as the proposed new Regional
watermain. This section of 400mm watermain is approximately 775m long and runs along
Orchard Heights Boulevard from the west end of Pineneedle Drive to Bathurst Street and
north on Bathurst Street to Heathwood Heights Drive.
As detailed in the report (attached as Appendix "A"), the Region is requesting that this
section of watermain be transferred from the Town to the Region in lieu of the Region
constructing anew watermain paralleling the existing one. This will reduce the overall cost
of the project and the construction disruptions to local residents.
GENERAL COMMITTEE — SEPTEMBER 19, 2006
September 19, 2006 - 2 - Report No. PW06-050
The Region will make the connection from the elevated tank to this watermain by
directional drilling. This means that, other than a few pits, there will be little or no
construction activity on the Town's right-of-way and correspondingly little or no disruption to
area residents.
COMMENTS
The existing Town of Aurora 400mm watermain on Orchard Heights Boulevard from the
west end of Pineneedle Drive to Bathurst Street and north on Bathurst Street to
Heathwood Heights Drive is approximately 775m long and was constructed in the early
1980's by the developer of the adjacent subdivision. There are 4 hydrants along this
section of watermain but no residential water connections.
The design of the Region's overall watermain project includes connections to the Town's
water system at a number of locations. There will be no detrimental effects to flows and
pressures in the northwest corner of Aurora resulting from the project and, in fact, there
should be some improvements in terms of increased flows in the highest part of the area
near the intersection of St. John's Sideroad and Bathurst Street.
FINANCIAL IMPLICATIONS
The Town will retain responsibility for the maintenance for the 4 hydrants on the section of
watermain to be transferred to the Region, but will no longer be responsible for the
operations and maintenance of the watermain itself, northe costs (approximately $400,000
in 2006 dollars) for the eventual replacement of the watermain when that is required at
some point in the,future.
CONCLUSION
An alternative has been proposed that will see ownership of a portion of the Town's
watermain transferred to the Region. This will reduce the overall cost of supplying water in
the Region and also greatly minimize construction disruption to local citizens.
LINK TO STRATEGIC PLAN
Goal D, Objective D1: Continue the commitment of fiscal responsibility and accountability
ATTACHMENTS
Appendix "A" - September 6, 2006 Report to Region Transportation and Works
Committee
—67—
GENERAL COMMITTEE - SEPTEMBER 19, 2006
September 19, 2006 .3. Report No. PW06-050
PRE -SUBMISSION REVIEW
Management Team Meeting — September 13, 2006
Prepared by: David Atkins, Manger of Engineering Services
W. H. Jack
Director of Public Works
fn S. Rogers
C.A.O
GENERAL COMMITTEE — SEPTEMBER 19, 2006
APPENDIX "A"
THE REGIONAL MUNICIPALITY OF YORK
Transportation and Works Committee
September 6, 2006
Report of the
Commissioner of Transportation and Works
WATERMAIN ASSUMPTION
ORCHARD HEIGHTS. BOULEVARD I BATHURST STREET
TOWN OF AURORA
RECOMMENDATIONS
It is recommended that:
1. The Town of Aurora be requested to transfer to the Region the 400mm watermain
along Orchard Heights Boulevard from Pineneedle Drive to Bathurst Street (Y.R. 38)
and along Bathurst Street (Y.R. 38) from Orchard Heights Boulevard to Heathwood
Heights Drive.
2. The Regional Solicitor prepare the necessary by-law, upon acceptance of the
proposed transfer by the Town of Aurora.
3. The Regional Clerk forward a copy of this report to the Clerk of the Town of Aurora.
2. PURPOSE
The purpose of this report is to recommend the assumption of the approximately 225m of
400mm diameter watermain along Orchard Heights Boulevard from Pineneedle Drive to
Bathurst Street and the 495m of 400mm diameter watermain along Bathurst Street from
Orchard Heights Boulevard to Heathwood Heights Drive (see Attachment 1).
3. BACKGROUND
The 2004 Water Master Plan identified works required to transmit water supply from the
Peel water system to the communities of Aurora and Newmarket. One of the projects
required for this new supply is to provide a connection between the Aurora north elevated
tank in Aurora and the west Newmarket reservoir in Newmarket.
As a result of this need, the Region undertook a Class Environmental Assessment study
from July 2004 to July 2005. The study evaluated a number of alternative watermain
routes. The preferred alternative (see Attachment 1) is to construct a new watermain for
approximately 400 m along Orchard Heights Boulevard from the Aurora north elevated
tank site to Pineneedle Drive, where it would be connected to the existing 400 mm
Transportation and Works Committee
September 6, 2006
GENERAL COMMITTEE - SEPTEMBER 19, 2006
Watermain Assumption Orchard Heights
Blvd. -Bathurst St. Town of Aurora
diameter Town of Aurora watermain. The route would then utilize the existing Town of
Aurora watermain on Orchard Heights Boulevard from Pineneedle Drive to Bathurst
Street, and northerly on Bathurst Street to Heathwood Heights Drive. A new watermain
on Bathurst Street from Heathwood Heights Drive to the west Newmarket reservoir is
required.
4. ANALYSIS AND OPTIONS
The proposed Bathurst Street watermain linking the Aurora north elevated tank and the
west Newmarket reservoir is a Regional watermain identified in the 2004 Water Master
Plan Update.
To eliminate the need to construct a separate Regional watermain, the Class
Environmental Assessment study recommended utilizing the existing Town's 400mm
watermain along Orchard Heights Boulevard (Pineneedle Drive to Bathurst Street) and
along Bathurst Street (Orchard Heights Boulevard to Heathwood Heights Drive) for a
portion of the proposed Bathurst Street watermain. Since the Town's watermain will
become part of the future Regional watermain, it is recommended that the ownership of it
be transferred to the Region in order that the entire watermain be under one jurisdiction.
This recommendation is consistent with the jurisdiction policy adopted by Council in
November, 2002 as well as the new policy currently proposed for Council adoption; both
proposed that water infrastructure providing a link between Regional facilities be
considered Regional.
Regional staff has discussed the proposed transfer with staff from the Town of Aurora,
and they have indicated their concurrence subject to approval from their council.
5. FINANCIAL IMPLICATIONS
On assumption, operation and maintenance for the watermain will become the
responsibility of the Region. Town of Aurora will continue operating and maintaining the
hydrants along its route. There are no service connections in the existing watermain. It is
not expected the assumption will have any material impact on Regional overall operation
cost.
6. LOCAL MUNICIPAL IMPACT
The proposed assumption is an essential part of the planned water transmission system
upgrade to convey surface water to service the anticipated growth in Newmarket and
Aurora. It will also improve system security by providing a direct connection between the
west service zones of the two municipalities.
Transportation and Works Committee
September 6, 2006
-70-
GENERAL COMMITTEE - SEPTEMBER 19, 2006
Water Assumption Orchard Heights
Blvd. -Bathurst Street Town of Aurora
7. CONCLUSION
The assumption of the watermain will eliminate the Region's need to construct a separate
watermain and will enable the Region to supply water to service the growth in
Newmarket and Aurora. Therefore, it is recommended that the Town of Aurora be
requested to transfer the above watermain to the Region.
The Senior Management Group has reviewed this report.
Prepared by:
Stephen Fung, P Eng.
Project Manager
Water and Wastewater Branch
Reviewed by:
Ilmar Simanovskis, P.Eng., MBA
Manager, Technical Support
Water and, Wastewater Branch
Recommended by:
Reviewed by:
Michele Maitre, P Eng.
Program Manager, W/WW Planning
Water and Wastewater Branch
Reviewed by:
Debbie Korolnek, P.Eng.
General Manager
Water and Wastewater Branch
Approved for Submission:
Bruce Macgregor, P.Eng. Michael R. Garrett
Commissioner of Transportation and Works Chief Administrative Officer
August 23, 2006
Attachment 1
SF/sp
P06/Drafts reports 2006/hiaasture Assumption Orchard Heights Blvd.Bathurst Watermain town of Amom.doc
Transportation and Works Committee
September 6, 2006
-71-
GENERAL COMMITTEE — SEPTEMBER 19, 2006
COUNCIL ATTACHMENT
N
m
r
r „r
-ANewmarket West Reservoir '
—.. > . ,j
st Bohr''
s
itd 7
Watermain Assumption
Orchard Heights Boulevard / Bathurst Street
rora North Elevated T
LEGEND
Proposed Watermain
■ ■ ■ Watermain to be assumed
-72
GENERAL COMMITTEE — SEPTEMBER 19, 2006
TOWN OF AURORA
COUNCIL REPORT
EEHDA I=#9
SUBJECT: Benefits of the LAS GASAMO Natural Gas Program
FROM: L. John Gutteridge, Director of Finance/Treasurer
DATE: September 19, 2006
RECOMMENDATIONS
No. FS06-028
THAT the Financial Services report FS06-028, "Benefits of the LAS GASAMO
Natural Gas Program", be received for information.
THAT Financial Services be authorized to begin the process to implement the
program for the Town of Aurora, and
That the initial setup fee of $499.00 come from the Municipal Purposes,
Operating Contingencies Budget.
BACKGROUND
The GASAMO program was started in the 1990's in an effort to achieve savings for
municipalities through the bulk procurement of natural gas. As of 2005, the program
purchases gas for about 180 municipalities and other public sector organizations with a
total of almost 2,400 physical locations.
The GASAMO program is run by the Local Authority Services (LAS), a subsidiary of the
Association of Municipalities of Ontario (AMO). Shell Trading is the purchasing company
that was chosen through the RFP process. Shell Trading was the successful bidder due to
the companies experience in.administering large programs and it's previous municipal
undertakings.
As natural gas is a commodity that is heavily influenced by market conditions, GASAMO
tenders on behalf of all program participants and provides the members with a blended
price that reflects the cost of natural gas for an entire one-year block. This blended price is
set in November and provides stability for energy costs throughout the following budget
year.
—73—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
September 19 2006 - 2 - Report No. FS06-028
The premise of the program is to lock prices in for a one year commitment from November
1 to October 31. The municipality can decide to opt out of the program after the year term
or continue for another year. Once the volume requirements have been calculated and
the purchase volume has been set, the municipality is responsible for the agreed upon
volume purchases. The Trading service does help with the 'buying and selling' of
additional requirements within the buying group. Each individual customer will benefit from
their own energy management initiatives in an effort to reduce overall usage.
COMMENTS
In 2004/05 members of GASAMO saved an average of 27.8% on their natural gas
purchases. The current member price being paid is $0.315/m3 until October 31, 2006.
This is slightly higherthan the $0.2985/m3 Enbridge charged in November and December,
but the January to March Enbridge rate jumped to $0.409839/m3, and from April to June
the Enbridge rate was $0.339149/m3.
Schedule 'A' attached shows a comparison of the two prices based on the Town of
Aurora's actual usage from November 2005 to June 2006. During the eight month period,
the Town could have saved over $26,000. on all eleven Enbridge accounts.
The Program is initiated with the Municipality signing an'Expression of Interest Form'. A
Profile will need to be obtained from Enbridge and the processing fee payment needs to be
forwarded to AMO. The profile lists all of the billing accounts and their billing details for the
previous twenty four months. The account type is noted to determine the types of load.
These loads are looked at for base, peak, off-peak and weekend usage loads.
Once the Load Profile is complete, the Procurement Program can be undertaken by the
LAS to determine what the anticipated requirements will be for the coming period. The
Profile includes interval meters, street lighting, net system load shops, peak vs off-peak,
and base load requirements. From this Profile, Shell will prepare a collective purchasing
and a risk management strategy, which will be presented to Council for their approval and
to put a By-law in place to allow the RFP process to begin.
OPTIONS
If we do nothing, we will continue to pay the going rate set by Enbridge Gas. For a small
fee, we can join the GASAMO program and have guaranteed pricing that will be set in
November for the following year.
As demonstrated under 'comments', the price at the beginning of the contract will be
slightly higher than the Enbridge rate. This pricing gap will decline and move in the other
direction during the high usage (winter and spring) months.
—74—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
September 19, 2006 - 3 - Report No. FS06-028
FINANCIAL IMPLICATIONS
The initial profiling services have a fixed cost of $499.00 plus taxes, and any data handling
fees that occur will be charged at cost.
CONCLUSIONS
N/A
LINK TO STRATEGIC PLAN
Goal "D" Ensure transparent, accountable and open governance in concert with informed
and involved citizens, Objective D1: Continue the commitment of fiscal responsibility and
accountability, Action; Undertake a business planning and budgeting process that
address community needs.
ATTACHMENTS
Schedule 'A' — Natural Gas Price Comparison
PRE -SUBMISSION REVIEW
Senior Management Team — Wednesday, September 13, 2006
Prepared by: Darlene Munro, Accounting Supervisor, ext 4117
7
a
L. Aha .Outterid&
Director of Finance/Treasurer
ohn. S. Rogers
C.A.O.
—75—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
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—76—
GENERAL COMMITTEE - SEPTEMBER 19, 2006
FLGENDAffE#10
TOWN OF AURORA GENERAL COMMITTEE REPORT No. FS06-
029
SUBJECT: Frank Stronach Donation
FROM: L. John Gutteridge, Director of Finance/Treasurer
DATE: September 19, 2006
RECOMMENDATIONS
THAT Mr. Stronach's donation of $2,000,000. be accepted with gratitude and
that the funds be applied to the Capital Obligations for the Multi -Purpose
Recreational Facility, and,
THAT negotiations for appropriate recognition for Mr. Stronach donation
proceed in accordance with the Facility Naming Rights Policy, and
THAT funds be borrowed from the Town of Aurora's Reserve Funds to pay
project expenses and that these funds be replenished from the annual
contribution from Mr. Stronach; and
THAT interest be paid the Reserve Funds for these borrowings at the
appropriate market rate for Reserve Investments and that this expense be
included in the Leisure Services Operating Budget.
BACKGROUND
The purpose of this report is to provide Council with a recommendation for use of the
donation by Mr. Stronach.
In Mayor Jones press release'to Council on Mr. Stronach's donation it stated "with the
understanding that all proceeds will be directed to the retirement of capital obligation for
this facility".
This report will show that we will be able to apply these funds to the retirement of
Capital obligations.
—77—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Septermber 19 2006 - 2 - Report No. FS06-029
When the original budget for the Multi -purpose Recreation Facility was presented it was
proposed that at the end of the project the municipality would be in debt $19,300,000.
with $12,669,300. to be recovered from future Development Charges and $6,630,700. to
be paid by the taxpayer. At the present we have debentured $4,245,700. of the taxpayers
portion with the balance to be debentured at the end of the project.
OPTIONS
We are not sure if Mr. Stronach would allow the use of his donation in any other way
than outlined in the press release, if it were Council's wish to do so we would have to
determine what other areas this donation could be applied and then we would have
to approach Mr. Stronach with our request.
FINANCIAL IMPLICATIONS
With Mr. Stronach donation it appears that the municipality will not have to do any further
long term borrowing to complete the project. When the project was started it was projected
that we would have to borrow an additional $2,385,000. in addition $16,915,000. already
debentured. This will save the municipality $670,000 in first 5 years and $2,490,000. for
the next 15 years or approximately $3,100,000 over the life of the budgeted debt. The
reason it is only $670,000 in the first 5 years is Mr. Stronach's donation is to be paid out
over the next 5 years we will have to borrow the funds to meet our obligation. It would be
our recommendation that these funds be borrowed from our Reserve Funds and repaid
with interest at the going investment rate which is estimated at $80,000. in the first year
and reduced by approximately $16,000 per year for 4 years. We also recommend that
interest be expensed to Leisure Services operations.
If this is adopted the results are that we will reduce not only our projected debenture debt
but the annual commitment from operations to the debt. Currently we charge the
debenture costs for the 20 year debenture to the operating budget in the amount of
$625,000. With the Stronach donation our annual expense for debenture payments will
reduce to $400,000 in the first year and reduced by $16,000 a year for the next four years
to an annual payment of $320,000.
CONCLUSIONS
It is Mr. Stronach's wish that his donation be made "with the understanding that all
proceeds will be directed to the retirement of capital obligation for this facility". We
recommend that this donation be accepted with gratitude and that we negotiate the
appropriate recognition for the donation.
am
GENERAL COMMITTEE - SEPTEMBER 19, 2006
Septermber 19, 2006 - 3 - Report No. FS06-029
LINK TO STRATEGIC PLAN
Goal D: Ensure transparent, accountable and open governance in concert with informed
and involved citizens, Objective DI: Continue the commitment of fiscal responsibility and
accountability, Action: Explore public and private partnerships to develop a Corporat Fund
Raising Program
ATTACHMENTS
Facility Naming Rights Policy
PRE -SUBMISSION REVIEW
Management Team - September 13, 2006
Prepared by. L. John Gutteridge, ext. 4111
n. S. Rogers
C.A.O.
-79-
GENERAL COMMITTEE — SEPTEMBER 19, 2006
uRoR
DEFINITIONS
1.01 Sponsorship - is a mutually beneficial business arrangement or partnership
between the Town of Aurora and an external party (individual, company,
organization or enterprise), wherein the external party contributes funds, goods,
or services to a Town of Aurora facility in return for recognition,
acknowledgement or other promotional considerations or benefits for a specified
period of time.
1.02 The Town — means the Town of Aurora, its departments and staff.
1.03 Municipal Facility— refers to any building, structure or area of land owned by or
under the direction and control of the Town of Aurora, including among other
things: leisure centres, sports and fitness facilities, arenas, parks, park
amenities, branch libraries, exhibition facilities and bridges.
1.04 Sponsorship Broker — an external agency responsible for assessing market
value of naming rights and negotiating with the potential partner on the Town's
behalf.
2. GUIDELINES
2.01 Sponsorship, advertising and donations must not imply endorsement of the
company or its products and services and should prohibit partners from making
statements which suggests a company's products and services are endorsed by
the Town of Aurora.
2.02 Sponsorship, advertising and donations should not result in or be perceived as
giving any preferential treatment outside of the partnership agreement.
Town of Aurora Pagel of 4
1 Municipal Drive, Box 1000, Aurora, Ont., L4G 6J1
Tel. (905) 727-3123 Fax. (905) 726-4734 Web www.town.aurora.on.ca
—80—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
TOWN OF AURORA
Ag ®
LEISURE SERVICES DEPARTMENT
FACILITY NAMING RIGHTS POLICY
��'V 111\��CCC���
MAY 4, 2006
2. GUIDELINES - Continued
2.03 Recognition of the sponsor, advertiser and donor will be designed so that it will
not detract from the physical attributes of a location, event, facility or service
delivery.
3. SELECTION CRITERIA
Acceptance of sponsorships will be based on, but not limited to, the following
criteria:
3.01 The sponsorship must be consistent with the vision, policies and goals of the
Town of Aurora.
3.02 The value of the agreement must be consistent with the level of recognition or
acknowledgement of the sponsor.
4. ADMINISTRATION
4.01 Sponsorship and naming opportunities are subject to Council approval.
5. COMMUNICIATIONIADVERTISING ELEMENTS
5.01 To ensure that the opportunity for sponsorship, advertising and donations is widely
known, the Town of Aurora will publicize potential opportunities.
6. RESPONSIBILITIES
6.01 Town Council shall:
a) Provide approval for each Name Sale opportunity before negotiations with potential
partners are initiated.
b) Provide final approval prior to agreements being executed.
Town of Aurora Page 2 of 4
1 Municipal Drive, Box 1000, Aurora, Ont., L4G 6J1
Tel. (905) 727-3123 Fax. (905) 726-4734 Web www.toWlul ra.on.ca
GENERAL COMMITTEE — SEPTEMBER 19, 2006 TOWN OF AURORA
T� LEISURE SERVICES DEPARTMENT
FACILITY NAMING RIG
ALl iipiz 1 MAY
POLICY
MAY 4, 2006
6.02 Town Chief Administrative Officer (C.A.0) shall:
a) Be responsible for assessment of any Name Sale opportunity.
b) Seek concept approval from Council prior to initiating negotiations with a potential
partner.
c) Oversee public communication processes to measure community support for the
Name Sale.
d) Prepare and present a report for Town of Aurora Council on the Name Sale
agreement addressing how it meets criteria outlined in this policy.
7. GENERAL PRINCIPLES
7.01 Name Sale agreements shall be established in a manner that is organized and
consistent and safeguards the Town's assets and interests, that enhances access and
fairness, and that results in the optimal balance of overall benefits to the Town and the
community.
7.02 A corporation or external organization may become the namesake of anew or existing
municipal facility as recognition for its financial support, where such support is mutually
beneficial to the Town, corporation or external organization and community, and
consistent with all aspects of existing Town guidelines and policies.
7.03 Town fabilities must be linked only with external organizations that are compatible with,
complementary to, and reflective of the Town's values and its mandate.
8. EVALUATION CRITERIA
8.01 a) the record of involvement in community projects,events—awillingnessto participate;
b) the desirability of association —the image;
c) the timeliness or readiness to make a deal;
d) the actual value in cash, or in kind, of the proposal;
e) the organization should encourage progressive industrial relations with all members
of its staff or employees;
8.02 A public communication process.
8.03 The support provided must equal current market value of the facility's naming rights.
Town of Aurora Page 3 of 4
1 Municipal Drive, Box 1000, Aurora, Ont., L4G 6J1
Tel. (905) 727-3123 Fax. (905) 726-4734 Web www.town:412rla.on.ca
GENERAL COMMITTEE — SEPTEMBER 19, 2006 TOWN OPAURORA
LEISURE SERVICES DEPARTMENT
AV pztpLICY
FACILITY NAMING RIGHTS , 2006
MAY 44, 2005
8.04 If the name is intended to replace an existing facility name, the organization should take
Ointo consideration the history and "legacy' of the current facility name, by amalgamating
or including the existing name in the proposed new name.
9. PROCEDURES
9.01 After being approached by a potential partner, approval forthe administration to explore
a Name Sale opportunity is sought from Town Council.
9.02 Depending on the estimated value of the naming rights, a Sponsorship Broker may be
retained to initiate negotiations with the potential partner on the Town's behalf and/or to
confirm market value of the facility's naming rights.
9.03 The external organization or corporation provides details regarding their sponsorship
contribution, the value of the contribution and recognition desired including signage
expectations and specifications.
9.04 A public communication process is initiated to determine the level of community support
for the Name Sale.
9.05 An assessment of the proposed Name Sale Agreement using the criteria outlined in this
policy is conducted by the Town's C.A.O.
9.06 A report on the Name Sale Agreement complete with the naming recommendation is
presented to Town Council
9.07 If Town Council's approval is obtained, the Town's C.A.O. will prepare a formal
agreement.
9.08 Exempt Facilities
a) Town of Aurora public facilities that have been constructed and/or operated through
a partnership agreement where the agreement provides conditions specific to
naming rights and approvals.
10. RECEIVING DONATIONS
10.01 The Financial Services Division is advised of all accepted donations, to issue
receipts for income tax purposes.
Town of Aurora Page 4 of 4
1 Municipal Drive, Box 1000, Aurora, Ont., L4G 6,111
Tel. (905) 727-3123 Fax. (905) 726-4734 Web www.town.ra.on.ca
GENERAL COMMITTEE - SEPTEMBER 19, 2006 EAENDA :IT:EM #
TOWN OF AURORA
GENERAL COMMITTEE REPORT No. LS06-038
SUBJECT: Recommendation for Concession and Snack Food Vending at the New
Aurora Recreation Complex
FROM: Allan D. Downey, Director of Leisure Services
DATE: September 19, 2006
RECOMMENDATIONS
THAT Council approve the recommendation to proceed with an Agreement with
Mr.Vending Inc. for Concession and Snack Food Vending Services at the new Aurora
Recreation Complex until July 31, 2007; and
THAT Council approve funding from the Operating Budget as indicated in Report
LS06-038.
BACKGROUND
Leisure Services released RFP LS2005-66 on July 29, 2005 with Terms and Conditions
approved by Council. Included with the Terms and Conditions of LS2005-66 was a 2 year
term and the responsibility of the vendor to provide all Capital upgrades. A total of five
firms retrieved Tender documents and submitted Bids in response to LS2005-66. Atotal of
two firms acknowledged all the Terms and Conditions: 1) Mr. Vending Inc. and 2)
Recreation Leisure Services. The successful Bid from LS2005-66 was Mr. Vending Inc.
and Council approved proceeding further with an Agreement with Mr.Vending Inc. in
December 2005.
After site review and consulting with Mr.Vending Inc. regarding the services required atthis
location (electrical, plumbing and mechanical) Leisure Services staff submitted the Design
Drawings and proposed work to Bondfield Construction to quote on the work in April 2006.
Bondfield Construction quoted an amount of $38,884.65 (excluding taxes) for all electrical,
plumbing and mechanical work. The quote for the work was presented to Mr.Vending Inc.
In an attached letter dated June 12, 2006, Mr.Vending Inc. declined the opportunity to
proceed with the Food Services Contract due to the high cost for Capital upgrades.
COMMENTS
With recent substantial completion of the building the Town of Aurora can now proceed
with mechanical, electrical and plumbing services outside of the General Contract for the
building. Leisure Services has confirmed that Mr.Vending Inc. and Recreation Leisure
Services Ltd. have agreed to enter into a short-term Agreement based on RFP LS2006-66
Terms of Reference with a modified term until July 315t, 2007 and Town of Aurora fully
subsidizing and performing all mechanical, electrical and plumbing upgrades.
...12
GENERAL COMMITTEE — SEPTEMBER 19, 2006
September 19, 2006 -2- Report No. LS06-038
All mechanical, electrical and plumbing upgrades for the concessions area have been
quoted at approximately $5,000.00, by way of Town approved Contractors. Staff proposes
proceeding with a consolidated RFP for a snack bar concessions, soft and warm drink
vending and snack food vending Agreement for all Town of Aurora facilities after the expiry
of the Contract at the Aurora Recreation Complex July 315t, 2007.
Request for Proposal LS2005-66 Terms of Reference:
1) Two year term.
2) A flat rental amount, $1,000 per month, $12,000 annually, paid via post-dated cheque
monthly and profit sharing percentage/commission of gross sales and vending sales.
3) Concession service provider must serve the same product as the contracted cold drink
vending service supplier over the term of the contract.
4) Full listing of product selection and services.
5) For all Town run special events all concession service suppliers are subject to the prior
written approval of the Town of Aurora.
6) Concession service contract will include all snack machine vending and warm drink
vending opportunities.
7) Proven Municipal experience (references to be supplied).
8) Liability insurance.
9) Service provider responsible for maintenance and upgrades.
Modified Terms to the Agreement to include:
1) Term to commence immediately and run until July 315t, 2007.
2) Town of Aurora to fully subsidize and perform all work for initial plumbing and electrical
services.
The firms that qualified and acknowledged all of the above Terms and Conditions were 1)
Mr. Vending and 2) Recreation Leisure Services. Both firms were evaluated based on the
following evaluation criteria:
- Proven Municipal Experience
- Listing of Products and Services Provided
- Pricing Structure
- Hours of Operation
- References
- Percentage of Net Sales on Concessions and Snack Machine Revenue
FINANCIAL IMPLICATIONS
Initial cost for mechanical services to be paid by Town of Aurora is $5,000.00 from the
Building Equipment Service Contract Account #7282-5035. Mr. Vending Inc. will pay a
monthly rental amount of $1,083.33 plus 30% of gross snack food and warm beverage
vending revenue and 10% of gross sales over $130,000/year snack bar concession
revenue for the Term of the Contract.
If Option #2 is recommended by Council, Recreation Leisure Services Ltd. will pay a
monthly rental amount of $1,000.00 plus $1,500 per month and/or 5% of snack food and
warm beverage vending revenue whichever is greater, for the Term of the Contract.
—85— ..../3
GENERAL COMMITTEE — SEPTEMBER 19, 2006
September 19, 2006 - 3 - Report No. LS06-036
OPTIONS
1) Staff recommend proceeding with an Agreement for concession services and vending
machines (snacks and warm beverages only) at the new Aurora Recreation Complex
with Mr.Vending Inc. based on the modified Terms of Reference.
2) Staff recommend proceeding with an Agreement for concession services and vending
machines (snacks and warm beverages only) at the new Aurora Recreation Complex
with Recreation Leisure Services Ltd. based on the modified Terms of Reference.
3) Re-release an RFP for consolidated concession services and vending at all Town of
Aurora facilities for operation August 1st, 2007.
CONCLUSIONS
Staff recommend proceeding with an Agreement for concession services and vending
machines (snacks and warm beverages only) at the new Aurora Recreation Complex with
Mr.Vending Inc./Recreation Leisure Services Ltd. based on the modified Terms of
Reference.
LINK TO STRATEGIC PLAN
Goal " 31" speaks to planning for the future to continue controlled and well -planned growth.
ATTACHMENTS
None
PRE -SUBMISSION REVIEW
Management Team Meeting, Wednesday, September 13, 2006.
Prepared by: Aaron Karmazyn, Manager of Facilities/Property, Extension 4323
ALLAN D. DOWNEY �l S. ROGERS
Director of Leisure Services C.A.O.
:.
GENERAL COMMITTEE - SEPTEMBER 19, 2006
4L'
TOWN OF AURORA
i
GENERAL COMMITTEE REPORT
SUBJECT: Recreation Complex Project Management Extension
FROM: Allan D. Downey, Director of Leisure Services
DATE: September 19, 2006
RECOMMENDATIONS
THAT Council approve the extension of the existing Agreement with MHPM Project
Managers Inc. until September 30, 2006 at a cost of $54,000 to be funded from the
Capital Budget for the Recreation Complex.
BACKGROUND
Council approved the appointment of MHPM Project Managers Inc. on September 9th
2003 in the amount of $304,000 plus disbursements and G.S.T.
Staff presented a subsequent report to the General Committee on January 24, 2006
requesting that their Contract be extended to March 31, 2006 at an additional cost of
$54,000. This report was subsequently approved by Council on January 31, 2006. The
Contract indicates that extensions to the Contract will be charged at $9,000 per month.
The Project since that date has experienced a number of delays, primarily caused by the
bankruptcy of the Mechanical and Plumbing Contractor that continues today. The facility
was available for public swimming and lessons commencing July 2"d, 2006 and declared
substantially complete on July 28t . Outstanding issues remain, however are being actively
addressed with anticipated resolution by the end of September.
In accordance with the Purchasing By-law, Council must authorize additions of greater than
10% to any Contract. The Project Manager plays a critical role in the administration of the
Contract and represents a major role in the facilities completion.
FINANCIAL IMPLICATIONS
The facility continues to be under budget and sufficient funds are available in the Capital
Budget for the project.
..../2
WIC
GENERAL COMMITTEE - SEPTEMBER 19, 2006
September 19, 2006 - 2 - Report No. LS06-040
OPTIONS
Not applicable.
CONCLUSIONS
The Project Manager and staff are actively working to complete the finishing touches on
the facility by the end of September.
ATTACHMENTS
None
PRE -SUBMISSION REVIEW
Management Team Meeting, Wednesday, September 13, 2006.
Prepared by. Allan Downey, Director of Leisure Services, Extension 4752.
ALLAN D. DOWNEYJOHN S. hOGERS
Director of Leisure Services C.A.O.
a-I-Z
GENERAL COMMITTEE — SEPTEMBER 19, 2006
September 19, 2006 - 3 - Report No. LS06-041
COMMENTS
There are a number of alternatives that Council may consider at this time.
Terminate the existing Agreement with York Region Neighbourhood Services Inc. in
accordance with the provisions of their Agreement with the Town. The Town has not
received rental payment from York Region Neighbourhood Services Inc. in 2005 or
2006. We have been contacted by the applicant indicating a loss in 2005 of $21,444
and a request to reduce rental payments to $6,000 per year plus utilities for
subsequent years (letter attached).
2. Amend the existing Agreement, to reflect a reduced rental payment as requested by
the applicant and agree to an extension in accordance with the existing Agreement.
3. Terminate the existing Agreement then declare the Jack Woods property as surplus
and request that applications be received regarding the sale of the property. Staff have
received an appraised value of the property that could be provided to Council in closed
session.
4. Require the applicant to comply with the Terms and Conditions of the Agreement then
enter into negotiations with the applicant for the provision of additions to the site for a
Boys and Girls Club and expanded day care facility at the Jack Woods property.
5. Have staff explored other opportunities for the provision of a Boys and Girls Club as
well as day care facilities at the Aurora Family Leisure Complex and/or the former
Hydro building.
FINANCIAL IMPLICATIONS
Option #1: Termination of the Agreement will result in no payments in 2006 and will
require an adjustment to the 2006 Budget for the Jack Woods property.
Option #2: Amending the Agreement will reduce the projected rental payment identified
in the 2006 Budget to $6,000.00 from $26,000.
Option #3: The termination of the Agreement will require amendment to the 2006
Budget. Funds from the sale of the property would be placed in the Town's
Reserves.
Option #4: Rental payment in the amount of $26,000 be received. Staff will then receive
applications from the York Region Neighbourhood Services Inc. to expand
the existing facilities at the Jack Woods property.
Option #5: Rental payments will not be received in 2006 and the budget will require
adjustment in the amount of $20,000. Further, staff reports will be required
to address alternative sites.
....14
—91—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
September 19 2006 - 4 - Report No. LS06-041
CONCLUSIONS
Staff have continued to explore alternatives to address the financial solvency of the day
care facility at the Jack Woods property. Several options have been presented and staff
request direction from Council with regards to their preferred option.
PRE -SUBMISSION REVIEW
Management Team Meeting, Wednesday, September 13, 2006.
Prepared by. Allan Downey, Director of Leisure Services, Extension 4752.
L
ALLAN D. DOWNEY
Director of Leisure Services
-S. ROGERS
C.A.O.
—92—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
TOWN OF AURORA
LEISURE SERVICES ADVISORY COMMITTEE REPORT No. LS05-002
SUBJECT: York Region Neighbourhood Services Inc. — Lease of Jacks Woods
Property
FROM: Allan D. Downey, Director of Leisure Services
DATE: January 13, 2005
RECOMMENDATIONS
THAT the Leisure Services Advisory Committee recommend to Council that the
Town enter into an amended Agreement to reduce the rentals and operating
obligations of the Jack Woods Property to the York Region Neighbourhood Services
Inc.; and further
THAT the Lease be extended for another five (5) year period in accordance with
Section 2.02 (a) of the Agreement.
BACKGROUND
The Town entered into an Agreement with York Region Neighbourhood Services Inc, on
August 21, 2001 for the Lease of the Jack Woods Property to operate a day care facility.
The Agreement is attached.
Staff received a letter from the York Region Neighbourhood Services Inc, in April of 2004
requesting that they be granted delegation status in order to secure permission to meet
with staff to address theirfinancial concerns and explore reducing theirfinancial obligations
to the Town.
Staff were directed to meet with the delegate and prepare a report. Please find attached
the Extract from April 20, 2004 General Committee meeting.
COMMENTS
Staff have met with the operators of the facility on several occasions to explore their
financial concerns, operating expenses and determine their degree of relief requested by
the Town.
The operators have to date met all of their financial obligations, however have indicated
that they are experiencing a net loss on the facility on a monthly basis.
Staff have received a detailed review of their operation and have attached their Proposal
for the Committee to review. A Representative from York Region Neighbourhood Services
Inc. has requested delegation status with regards to their Proposal.
..../2
—93—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
January 13, 2005 -2- Report No. LS05-002
Staff have reviewed their Proposal and feel it represents an accurate accounting of their
operation. The present facility represents a need in the community, however due to the
subsidized nature of their operation.no avenues exist to increase user fees to help offset
their operating expenses.
OPTIONS
The Committee may recommend that the rental fee not be reduced and the Agreement
not be reviewed; expiry date is August 31, 2006,
2. Committee may recommend alternative amendments to the Agreement.
3. Declare the property surplus and proceed with the sale of the property.
FINANCIAL IMPLICATIONS
If the Committee recommends the amendment requested by the York Region
Neighbourhood Services Inc., the financial impact will be:
Under present Agreement: $2,200/month = $26,400/year
With Amendments: $1,600/month = $19,200/year
- Utilities = $5,150
- 35% Subsidy — $6,720
- Ground Maintenance = 1 850
5 480
Rental income will, be reduced by$20,920.00 per year plus an additional $600.00 per year
as a result of no rental rate increase.
CONCLUSIONS
The present Tenant provides a valuable community service, with the majority of its clientele
residing in Aurora. Staff recommends that the Lease be amended and a determination of
the use of the property be determined upon the expiration of the Lease.
LINK TO STRATEGIC PLAN
Goal "A" speaks to maintaining a well -managed and fiscally responsible municipality.
ATTACHMENTS
1. Original Agreement, dated August 21, 2001.
2. Letter from York Region Neighbourhood Services Inc. dated April 2004.
3. Extract from General Committee Meeting held April 20, 2004.
4. Proposal from York Region Neighbourhood Services Inc.
....13
—94—
GENERAL COMMITTEE - SEPTEMBER 19, 2006
January 13, 2005 - 3 - Report No. LS05-002
PRE -SUBMISSION REVIEW
Scott Somerville, C.A.O. Review, Friday, January 7, 2005
Prepared by. Allan Downey, Director of Leisure Services, Extension 4752
ALLAN D. DOWNEY
Director of Leis ervices
-95-
',GENERAL COMMITTEE — SEPTEMBER 19, 2006
95 Allaura Boulevard
This Lease made as of the 21" day of August, 2001 in pursuance of the Short
Forms of Leases Act, between:
THE CORPORATION OF THE TOWN OF AURORA
(the "Landlord")
of the first part,
1=4
YORK REGION NEIGHBOURHOOD SERVICES INC.
(the "Tenant")
of the second part,
Witnesses that whereas the Landlord is seized of an estate in fee simple of the Lands, as
hereinafter defined;
Now therefore in consideration of the Rents, covenants and agreements herein contained, the
Landlord and the Tenant agree as follows:
ARTICLE I -INTERPRETATION
1.01 Definitions
In this Lease:
(a) "Additional Rent' means all sums of money or charges required to be paid by the
Tenant under the Lease except Minimum Rent whether or not designated as
Additional Rent or payable to the Landlord;
(b) "Building" means any building or structure located on the Lands and all other
improvements constructed upon the Premises;
(c) "Capital Improvements" or repairs of a "Capital Nature" means any structural
repairs or additions to the Building or any repairs to the outside surface, including
the roof, of the Building, any repair, replacement of capital assets including
heating, plumbing and electrical systems;
(d) "Effective Date" means September 1, 2001;
(e) "Lands" means the lands and premises described on Schedule A hereto;
GENERAL COMMITTEE — SEPTEMBER 19, 2006
MAE
(f) "Lease" means this agreement and the terms and conditions set out herein as
amended from time to time;
(g) "Lease Year" means a period of twelve (12) consecutive calendar months; the first
Lease Year shall begin on the Commencement Date if such day is the first day of
a calendar month; if not, then the first Lease Year shall begin on the first day of
the calendar month next following the Commencement Date, each succeeding
Lease Year shall begin on the anniversary date of the first day of the first Lease
Year.
(h) "Minimum Rent" means the sums payable by the Tenant to the Landlord as set
out in Section 3.01;
(i) "Operating Costs" means all costs directly or indirectly associated with the
operation and maintenance of the Premises, including without limitation, Taxes,
heat, electricity, gas, water, other utilities, maintenance, repairs, and Landlord's
property insurance related to the Premises but shall specifically exclude any
management, administrative or supervisory fees, the Landlord's income taxes, any
type of depreciation, interest on debt or capital retirement of debt, costs of any
repairs and replacements of a capital nature, costs of structural repairs or
replacements, expenses in respect of damage to the Building to the extent that the
Landlord is entitled to reimbursement by proceeds of insurance, any costs or
expenses directly charged to the Tenant by the Landlord pursuant to any other
provision of this Lease;
(j) "Premises" means as at the date hereof, the whole of the Building and the whole
of the Lands;
(k) "Rent" means all amounts payable by the Tenant to the Landlord hereunder,
including Minimum Rent and Additional Rent;
(1) "Taxes" means all taxes, rates, assessments, duties, levies and charges
whatsoever, whether municipal, education, parliamentary or otherwise, levied,
imposed or assessed by any taxing authority against the Lands and the Building or
either of them or upon the Landlord in respect thereof of from time to time levied,
imposed or assessed in the future in lieu thereof but specifically excluding the
following taxes: capital and place of business taxes assessed against the
Landlord, capital gains taxes, corporate income, profit or excess profit taxes
assessed against the income of the Landlord, business taxes levied against the
business carried on by the Landlord and any local improvement rates and special
utilities levies, fees or charges imposed, assessed, levied or charged which are
directly associated with initial construction of the building on the Premises;
(m) "Term" means the term of this Lease as provided in Section 2.02 and any period
of overholding unless earlier terminated or surrendered but excluding any period
where the Lease has been partially surrendered or deemed to be partially
—97—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
surrendered pursuant to section 15.12 as to the part or parts so surrendered or
deemed to be partially surrendered.
1.02 Schedules
The schedules of this Lease are a part of it and consist of:
Schedule A — legal description of the Lands.
1.03 Number and Gender
The necessary grammatical changes required to make the provisions of this Lease apply
in the plural sense where the Tenant comprises more than one entity and to corporations,
associations, partnerships or individuals, males or females, in all cases will be assumed as though
in each case fully expressed.
1.04 Headings and Captions
The article numbers, article headings, section numbers and section headings are inserted
for convenience of reference only and are not to be considered when interpreting this Lease.
1.05 Obligations as Covenants
Each obligation of the Landlord or the Tenant expressed in this Lease, even though not
expressed as a covenant, is considered to be a covenant for all purposes.
1.06 Entire Agreement
This Lease contains all the representations, warranties, covenants, agreements,
conditions and understandings between the Landlord and the Tenant concerning the Premises or
the subject matter of this Lease.
1.07 Governing Law
This Lease shall be interpreted under and is governed by the laws of the Province of
Ontario and the laws of Canada applicable therein.
1.08 Construction
If any provision of this Lease is illegal or unenforceable it shall be considered separate
and severable from the remaining provisions of this Lease, which shall remain in force and shall
be binding as though the said provision had never been included.
Izz
GENERAL COMMITTEE — SEPTEMBER 19, 2006
ARTICLE II - DEMISE AND TERM
2.01 Demise and Term
The Landlord hereby leases and demises the Premises to the Tenant for the Term at the
Rent and on the terms and conditions stated in this Lease.
2.02 Term
(a) The Tenant shall have and hold the Premises for and during the Term which shall
be, unless sooner terminated or surrendered (or in respect of that part of the Premises in respect
of which a partial surrender or surrenders or deemed partial surrender or surrenders occurs),
pursuant to the provisions of this Lease, from the Effective Date for a period of five (5) Lease
Years with a five (5) year renewal option.
(b) Notwithstanding the term provided for above, it is expressly understood and
agreed that either party herein shall have the right to unilaterally terminate this Lease during the
Term at any time, and without cause or breach, upon giving the other party one hundred and
twenty (120) days advance notice in writing. In the event that the Landlord chooses to terminate
this lease pursuant to this subsection, the Landlord agrees to pay to the Tenant within 120 days of
said termination, less any amounts which may be outstanding to the Landlord under this Lease,
the Depreciated Fair Market Value, as determined in accordance with this Section, of such
leasehold improvements as shall exist on the property on the last day of the Term.
(c) The depreciated fair market value of the leasehold improvements shall be
established by A.A.C.I. or equivalent, accredited professional appraisers and within 14 days of
receipt of notice of termination or 60 days prior to the end of the Term, whichever occurs first,
each party shall appoint an accredited professional appraiser (and the Landlord's may be such
accredited professional appraiser employed by it) to report on the value of the Leasehold
Improvements; the Landlord and the Tenant shall cause their respective appraisers to deliver
their reports on the value of the Leasehold Improvements to the other party within 30 days of the
date of being appointed;
(d) If the accredited professional appraisers are appointed to determine the value of
the Leasehold Improvements in accordance with this section, the depreciated fair market value
shall be determined as follows:
(i) if the average of the two appraisals is less than 10% greater than the
lowest appraisal, the average of the two appraisals shall be deemed to be
the "Depreciated Fair Market Value" of the Leasehold Improvements; but
(ii) if the average of the two appraisals is more than 10% greater than the
lowest appraisal, a third accredited professional appraiser will be selected
by the two appraisers and retained equally by the Landlord's appraiser and
the Tenant's appraiser, and the third appraiser shall select one of the two
earlier appraisals as most clearly representative of the "Depreciated Fair
r.GENERAL COMMITTEE — SEPTEMBER 19, 2006
-5-
Market Value" and the selected appraisal shall be deemed to be the
"Depreciated Fair Market Value" of the Leasehold Improvements.
2.03 Overholdina
If the Tenant remains in occupation of the Premises after the expiration of the Term
hereby granted without a written agreement to the contrary, there is no tacit renewal of this Lease
notwithstanding any statutory provision or legal presumption to the contrary and the Tenant shall
not be deemed to be a tenant from year to year, but shall be a monthly tenant at a rental
equivalent to one twelfth the annual payment of Minimum Rent herein provided for, payable in
advance, and all the terms and conditions hereof, so far as applicable, shall apply to such
monthly tenancy. Nothing herein shall imply however, that the Tenant is permitted to remain in
the Premises from and after expiry of the Term.
2.04 Option to Extend
The Tenant shall not be entitled to extend the Term of this Lease.
ARTICLE III - RENT
3.01 Minimum Rent
The Tenant covenants to pay to the Landlord, its successors and assigns, without
deduction, compensation or set off, Minimum Rent in the amounts as setout on the attached
Schedule "B",which forms a part of this Lease during the Term payable in advance on the
Effective Date and thereafter on the first day of each month during the Term.
3.02 Interest on Amounts in Default
If the Tenant fails to pay when due and payable any amount of Rent, the unpaid amount
will bear interest calculated and payable monthly from the due date to the date of payment at the
rate of the aggregate of 3 per cent and the prime rate from time to time charged by any chartered
bank or trust company of the Landlord to its most creditworthy commercial customers.
3.03 Payments
If any payments required to be made under this Lease by the Tenant to the Landlord are
not paid at the time provided in this Lease, they will be deemed to be and will be collectable as
Rent with the next instalment of Rent falling due and all of the Landlord's remedies for non-
payment of Rent hereunder shall apply thereto, but nothing in this Lease limits any other remedy
of the Landlord in respect thereto.
—100—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
M
ARTICLE IV - GENERAL COVENANTS
4.01 Covenants of Tenant .
The Tenant covenants with the Landlord:
(a) to pay Rent,
(b) to observe and perform all the covenants and obligations of the Tenant under this
Lease; and
(c) to not cut down any live trees or vegetation, except grass and weeds, on the
property.
4.02 Covenants of Landlord
The Landlord covenants with the Tenant:
(a) for quiet enjoyment;
(b) to observe and perform all the covenants and obligations of the Landlord under
this Lease; and
(c) at all times to permit free, uninterrupted and unobstructed rights of ingress to and
egress from the Premises to be enjoyed by the Tenant, its servants, workers,
invitees, employees, vehicles, supplies and equipment.
ARTICLE V - TAXES AND CHARGES
5.01 OOkeratine Costs
The Tenant covenants with the Landlord to pay as Additional Rent all Operating Costs,
excluding municipal or education Taxes, but including water and sewer charges, promptly when
due, direct to the appropriate authority, including the Landlord.
5.02 Net Lease
It is the intention of the parties hereto that this Lease and Minimum Rent payable
hereunder be, except as expressly provided for herein, net and carefree to the Landlord.
Operating Costs shall if not paid direct to a third party authority, be collectable as Additional
Rent and shall be payable forthwith on demand.
5.03 Business Taxes
The Tenant covenants to pay all Taxes levied in respect of any business carried on by the
Tenant, its subtenants, licensees or other occupants claiming under the Tenant of the Premises or
in respect of the use and occupation thereof (including license fees).
—101—
"GENERAL COMMITTEE — SEPTEMBER 19, 2006
-7-
5.04 GST
The Tenant shall pay to the Landlord all GST, if any, assessed or charged or payable in
respect of the payment of Rent hereunder. For the purposes of this clause, all GST which is
payable in respect of any Rent shall be considered to be due by the Tenant to the Landlord on the
same date as such Rent is so due.
ARTICLE VI - USE OF THE PREMISES
6.01 Use of Premises
The Tenant covenants that the Premises will not be used for any purpose other than as a
day nursery facility offering care for children subject to all requirements of the day nurseries act
and or other community service programs as approved by the Landlord andsubject to all other
requirements of this Lease. Notwithstanding the foregoing and for greater certainty, the
Premises will not be used for sleeping accommodation or care between the hours of 11 p.m. and
6 a.m.
6.02 Liens, etc.
The Tenant will not permitany lien, certificate of pending litigation, judgement or
certificate of any court or any mortgage, charge or encumbrance of any nature whatsoever to be
imposed on title to the Lands and, if any such matter is registered on title to the Lands due to the
Tenant's actions or inactions, the Tenant will discharge the same within 10 days after receipt of
notice thereof from the Landlord, failing which the Landlord shall be entitled to make such
payment or take such action as may be expedient to discharge it and the Tenant shall
immediately reimburse the Landlord for its costs thereof.
6.03 Waste and Nuisance
The Tenant will not commit or permit any waste or injury to the Premises including the
Leasehold Improvements and trade fixtures therein or any overloading of the floors thereof.
6.04 Condition of Premises
The Tenant will not permit the Premises to become untidy, unsightly or hazardous or
permit unreasonable quantities of waste or refuse to accumulate therein.
6.05 Applicable Laws
The Tenant will comply at its own expense with all present and future laws (the "Laws")
of any governmental or quasi -governmental (including federal, provincial and municipal) in
force or regulations, requirements, by-laws or orders (including without limitation
Environmental Laws defined in Article XVI) pertaining to the operation and use of the Premises,
the condition of the Leasehold Improvements, trade fixtures, furniture and equipment installed
by the Tenant therein and the making by the Tenant of any repairs, changes or improvements
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therein and will use and occupy the Premises in a safe and careful and proper manner so as not to
contravene any Law.
ARTICLE VII - REPAIRS AND MAINTENANCE
7.01 Tenant's Oblieations
Except after damage described in Article IX, the Tenant covenants to maintain at
its expense the Premises in a state of good repair and shall make such repairs and replacements
excluding reasonable wear and tear and damage described in Article IX which the Landlord
elects or is obliged to repair or replace, and will be responsible for all snow removal on the
Premises,. The Landlord may, in the presence of a representative of the Tenant, enter the
Premises at all reasonable times to view the state of repair and if it is determined that
maintenance or repairs are required to be done by the Tenant, then the Tenant shall effect that
maintenance or repairs, failing which the Landlord may make such repairs and charge the Tenant
for same. The Tenant covenants to pay the charges for such repairs forthwith upon receipt of
invoices for same. The Tenant shall be responsible for the maintenance and repair of its own
equipment and fixtures.
The Tenant shall not be responsible for the costs of repairs which arise as a result of the
negligence of the Landlord and those for whom the Landlord is at law responsible; and any other
repairs for which the Landlord is responsible under the Lease.
7.02 Construction Liens
The Tenant shall comply with all of the provisions of the Construction Lien Act, R.S.O.
1990, c. 30 as it has and may be amended from time to time and other statutes from time to time
applicable to any work done or improvements made to the Premises by or on behalf of the
Tenant, including any steps necessary to ensure that no lien shall attach to the Building or the
Lands. If by reason of any default hereunder, such construction lien for work, labour, services or
materials supplied to or for the Tenant shall be registered on title to the Lands or notified to the
Landlord, the Tenant shall within ten (10) days after receipt of notice thereof from the Landlord
procure the discharge thereof including any certificate of action registered in respect of any lien
failing which, the Landlord shall be entitled to make such payment or take such action as may be
necessary or expedient to discharge such lien and the Tenant shall forthwith pay on demand and
as Additional Rent indemnify and save harmless the Landlord from any costs it incurs as a result
of such lien.
ARTICLE VIII - CHANGES AND ALTERATIONS
8.01 Chances and Alterations
The Tenant shall not make or permit to be made any alterations, material changes or
additions to the Premises without the prior written approval of the Landlord which approval may
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GENERAL COMMITTEE — SEPTEMBER 19, 2006
not be unreasonably withheld. The request of the Tenant for any such approval shall be
accompanied by an adequate description of the contemplated work and, where appropriate,
working drawings and specifications thereof and evidence that the Tenant has obtained, at its
expense, all necessary consents, permits, licences and inspections from all governmental and
regulatory agencies having jurisdiction. All work to be performed in the Premises shall be
performed by competent contractors and subcontractors. All such work shall be performed in
accordance with any reasonable conditions and regulations if any, imposed by the Landlord,
including that it may supervise the work, and must be completed in a good and workmanlike
manner in accordance with the description of the work approved by the Landlord.
8.02 Sisns
No sign, advertisement or notice shall be inscribed, painted or affixed on any part of the
outside or inside of the Building whatsoever, without the consent of the Landlord which may be
unreasonably or arbitrarily withheld.
8.03 LockinLy Svstem
Neither the Landlord nor the Tenant shall during the Term, alter or cause to be altered
the locking system on the Building except by mutual consent. No additional locks shall be
placed upon any gate or door or any other improvement on the Lands without the consent of the
Landlord. The Landlord hereby consents to the installation of an alarm system on the premises,
at the sole expense of the Tenant. The Tenant hereby covenants to provide the Landlord with the
current deactivication code(s) from time to time. The Tenant may remove the alarm system upon
the termination of this Lease.
8.04 Access
The Landlord shall have access to the Premises on twenty four hours advance notice
during any day of the Term.
ARTICLE IX - INSURANCE
9.01 Tenant Insurance
At all times during the Term, the Tenant shall maintain at its own expense:
(a) commercial general public liability insurance against claims for personal injury or
death and property damage or loss arising out of all operations of the Tenant on
the Premises protecting both parties to an inclusive limit of not less than five
million dollars ($5,000,000.00) per occurrence;
(b) all risk direct damage insurance on its chattels, (including but not limited to
equipment, vehicles, computer hardware and software, office equipment,
furniture, fixtures and leasehold improvements) on or in the Premises; and
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(c) other insurance in amounts and upon terms reasonable for a prudent tenant to
provide and particular to this Tenant's undertakings.
The Tenant will see that there is delivered to the Landlord, copies or certificates of the
policies in force from time to time and the Tenant further agrees to deliver to the Landlord copies
of renewal policies or certificates.
If the Tenant fails to insure or file with the Landlord satisfactory proof of insurance, the
Landlord may, without notice to the Tenant, effect such insurance and recover any premiums
paid therefor from the Tenant on demand. If the Tenant fails to take out or keep in force any
policy of insurance, the Landlord may do so and pay the premium, and any such premium shall
be deemed to be and will be collectible by the Landlord from the Tenant as Additional Rent.
This insurance shall protect the Landlord and the Tenant to an amount not less than $2,000,000
per occurrence and each shall be an additional insured and loss payee .in the insurance policy.
The insurance policy or policies shall contain a cross -liability clause protecting the Landlord.
The Tenant's insurance certificates and policies will each contain a clause that the insurer will
not cancel or change or refuse to renew the insurance without the Landlord first having received
not less than thirty (30) days' written notice.
9.02 Increase in Landlord's Insurance Premiums
The Tenant shall not do, or permit to be done, anything on the Premises or bring or keep
anything therein which will in any way increase the risk of fire or the rate for insurance on the
Building, or on property kept therein, except such increases which are directly attributable only
to the use of the Premises in accordance with Section 6.01,or conflict with the laws relating to
fires or with the regulations of the Fire Department or with any insurance policy upon the
Building or any part thereof, or conflict with any of the rules or ordinances of the Department of
Health or with any statute or municipal by-law.
9.03 Cancellation of Insurance
The Tenant shall not by its act or omission cause any policy of insurance relating to the
Premises to be cancelled or the Premises or any part thereof to be made uninsurable. In the event
the Tenant so causes such insurance policy to be cancelled or so causes the Premises to be made
uninsurable then the Landlord may at its option (provided it has provided reasonable written
notice to the Tenant and the Tenant has failed to commence or having commenced, is not
diligently proceeding to cure the situation, and subject to force majeure) either (a) terminate this
Lease and following such termination the Tenant shall forthwith deliver up vacant possession of
the Premises to the Landlord in the condition they are required to be maintained hereunder or (b)
at the Tenant's expense enter upon the Premises and remedy the condition.
9.04 Evidence of Insurance
The parties shall forthwith after request by the other provide evidence satisfactory to it
of the insurance required to be carried by it hereunder from time to time.
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ARTICLE X - DAMAGE OR DESTRUCTION
10.01 Damat=e or Destruction
(a) In the event of damage to or destruction of the Premises or access or services
essential to its,use by the Tenant, then to the extent that the Premises or any
substantial part thereof are rendered not reasonably capable of use by the Tenant
for the purposes described in section 6.01, the Rent provided to be paid hereunder
or a proportionate part thereof, according to the nature and extent that the
Premises are rendered not reasonably capable of such use, shall abate until the
Premises or such part or parts thereof are again reasonably capable of such use
and shall have been repaired; provided, however, that in the event that 50% or
more of the Building is damaged and the Premises is incapable of being repaired
using reasonable diligence within the earlier of ninety. (90) days from the date of
the damage or destruction or by the date of termination of this Lease, then either
the Tenant or the Landlord may terminate this Lease on written notice given to the
other within forty-five (45) days after the occurrence of such damage or
destruction.
(b) Upon termination of this Lease, as provided in this article, in addition to the
abatements to which the Tenant is entitled as aforesaid, Rent and any other
liabilities of the Tenant shall be apportioned and be paid to the date on which the
damage or destruction occurred and the Tenant shall forthwith deliver up
possession of the Premises in accordance with this Lease.
(c) The certificate of the Landlord's professional, licensed architect or engineer as to
the length of time required while using reasonable diligence to rebuild or restore
the Premises, shall be conclusive and binding upon the Landlord and the Tenant.
(d) Unless this Lease is terminated as aforesaid, the Landlord, will repair such
damage with all reasonable diligence to the extent of the insurance proceeds
available.
10.02 Notice to Landlord
The Tenant shall give the Landlord prompt written notice of any accident or other defect
in the plumbing, electrical, telephone, gas, heating, air conditioning or other service systems in
the Building of which it becomes aware.
ARTICLE XI - INDEMNITY
11.01 Tenant's Indemnity
The Tenant covenants to indemnify and save harmless the Landlord and its officers,
employees, agents and Council Members, from all claims, actions, costs and losses of every
nature relating to the Premises including, without limitation, reasonable legal fees and
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12-
disbursements arising during the Term or any renewal, extension or overholding thereof if any,
and caused by the Tenant or those for whom it is at law responsible. The foregoing indemnity
relates to all claims, actions, costs, damages, liabilities, expenses or losses arising out of:
(a) a breach of or non-compliance with a covenant, agreement or condition on the
part of the Tenant contained in this Lease;
(b) injury to a person, occurring in or about the Premises, including death resulting
from the injury; and
(c) any other loss or injury or property damage arising from or out of this Lease or
any occurrence on the Premises thereof, the Tenant's occupancy of the Premises
or occasioned thereby or in part by any act or omission of the Tenant or those for
whom it is responsible.
The obligations of the Tenant to indemnify the Landlord under the provisions of this
section are to survive the termination of this Lease in respect of every event occurring during the
Term, or renewal, extension or period of any overholding, if any.
The Landlord covenants to indemnity and save harmless the Tenant from all claims,
actions, costs or losses of every nature including, without limitation, reasonable legal fees and
disbursements caused by the Landlord or those for whom it is legally responsible. The
obligations of the Landlord to indemnify the Tenant are to survive the termination of the Lease in
respect of every event occurring during the Term or renewal, extension or period of overholding,
if any.
Except to the extent the same is caused by the Landlord or by the other persons for
whom and in respect of which the Landlord is in law responsible:
(a) the Landlord, its agents, servants and employees, will not be liable or responsible
in any way for any personal or consequential injury of any nature whatsoever that
may be suffered or sustained by the Tenant or any employee, agent, customer,
invitee or licensee of the Tenant or any other person who may be upon the
Premises or for any loss of or damage or injury to any property belonging to the
Tenant or to its employees or to any other person while such property is on the
Premises and in particular (but without limiting the generality of the foregoing
and subject to the qualifications aforesaid), the Landlord shall not be liable for
any damage or damages of any nature whatsoever to any such property caused by
the failure, by reason of a breakdown or other cause, to supply adequate climate
control, or by reason of the interruption of any public utility or service, or in the
event of gas steam, water, rain or snow which may leak into, issue or flow from
any part of the Building or from the water, steam, sprinkler, or drainage pipes or
plumbing works of the same, or from any other place or quarter;
(b) the Landlord, its agents, servants, employees or contractors, will not be liable for
any damage suffered to the Premises or the contents thereof by reason of the
Landlord, its agents, servants, employees or contractors, entering upon the
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Premises to undertake any examination thereof or any work therein as permitted
hereby or in the case of any emergency except loss or damage caused by the
wilful or negligent misconduct by the Landlord or any persons authorized by the
Landlord in the course of such entry or where the Landlord or persons authorized
by the Landlord have not used their best efforts to minimized interference with
the Tenant's use and enjoyment of the Premises.
ARTICLE XII - SUBLETTING AND ASSIGNING
12.01 Assignine or Subletting
The Tenant shall not assign (whether by operation of law or otherwise) this Lease or
sublet or otherwise part with possession of the Premises, or any part thereof, without the prior
written consent of the Landlord which consent may be unreasonably or arbitrarily withheld
notwithstanding any statutory or other provision of law to the contrary. No assignment or
sublease shall relieve the Tenant of its obligations hereunder. Any assignee or subtenant shall, at
the Landlord's option, enter into an agreement with the Landlord whereby it agrees to be bound
by the provisions of this Lease. The Tenant will pay the Landlord's reasonable costs for
reviewing any request for a consent hereunder and the preparation of all documentation to be
entered into with the assignee, mortgagee, transferee or subtenant. Notwithstanding the
foregoing, the Tenant may on notice to the Landlord, but without penalty, assign this Lease to
any related, affiliated or sister corporation or entity.
ARTICLE X1II - IN DEFAULT
13.01 Tenant's Default
Where the Tenant fails to perform or comply with any covenant, term or condition in
this Lease to be performed or complied with by the Tenant, and the failure continues (a) in the
case of payment of Minimum Rent or other payments deemed to be Rent for 10 days after the
receipt of written notice from the Landlord, and (b) in case of any other covenant, term or
condition of this Lease, for 10 days after receipt of written notice from the Landlord of the
default where the Tenant has not cured or has not begun to cure and is not diligently proceeding
to cure the default, the Landlord may enter and take possession of the Premises with or without
terminating this Lease. In taking possession of the Premises, the Landlord may remove all
persons and property from the Premises and such property may be removed and stored in a
public warehouse or elsewhere at the cost of and for the account of the Tenant, all without
service of notice or resort to legal process and without being considered guilty of trespass or
becoming liable for loss or damage occasioned thereby.
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13.02 Bankruptcy or Insolvency
If the Term or any of the goods and chattels of the Tenant on the Premises at any time
during the Term are seized or taken in execution or attachment by a creditor of the Tenant, or if
the Tenant or a guarantor or indemnifier of this Lease makes an assignment for the benefit of
creditors or a bulk sale from the Premises or if a receiver -manager is appointed to control the
conduct of the business on or from the Premises, or if the Tenant becomes bankrupt or insolvent
or takes the benefit of any act now or hereafter in force for bankrupt or insolvent debtors, or if
any order is made for the winding -up of the Tenant, or if the Premises, without the prior written
consent of the Landlord, are used by any other person than those entitled to use them under the
terms of this lease, or if the Tenant, without the prior written consent of the Landlord, abandons
the Premises, the then current month's rent and the next ensuing three (3) months' rent
immediately will become due and payable as accelerated rent and the Landlord may re-enter and
take possession of the Premises as though the Tenant or the servants of the Tenant or any other
occupant of the Premises were holding over after the expiration of the Term and this Lease, at the
option of the Landlord, shall forthwith become forfeited and determined. In every one of the
cases above mentioned the accelerated rent will be recoverable by the Landlord in the same
manner as the rents hereby reserved and as if rent were in arrears and the option will be
considered to have been exercised if the Landlord or its agents give notice to that effect to the
Tenant.
13.03 Rieht to Relet
If the Landlord re-enters, as herein provided, it may either terminate this Lease or it may
from time to time without terminating the obligations of the Tenant under this lease, make
alterations and repairs considered by the Landlord necessary to facilitate a reletting, and relet the
Premises or any part thereof as agent of the Tenant for such term or terms and at such rental or
rentals and upon such other terms and conditions as the Landlord in its reasonable discretion
considers advisable. Upon each reletting all rent and other money received by the Landlord from
the reletting will be applied (a) to the payment of indebtedness other than rent due hereunder
from the Tenant to the Landlord (b) to the payment of costs and expenses of the reletting
including brokerage fees and solicitor's fees and costs of the alterations and repairs and (c) to the
payment of rent due and unpaid hereunder. The residue, if any, will be held by the Landlord and
applied in payment of future rent as it becomes due and payable. If the rent received from the
reletting during a month is.less than the rent to be paid during that month by the Tenant, the
Tenant will pay the deficiency to the Landlord. The deficiency shall be calculated and paid
monthly. No re-entry by the Landlord shall be construed as an election on its part to terminate
this lease unless notice of that intention is given to the Tenant. Despite a reletting without
termination, the Landlord may elect at any time to terminate this Lease for a previous breach.
13.04 Remedies Cumulative
The Landlord may from time to time resort to any or all of the rights and remedies
available to it in the event of any default hereunder by the Tenant, either by any provision of this
lease or by statute or the general law, all of which rights and remedies are intended to be
cumulative and not alternative, and the express provisions hereunder as to certain rights and
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GENERAL COMMITTEE — SEPTEMBER 19, 2006
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remedies are not to be interpreted as excluding any other or additional rights and remedies
available to the Landlord by statute or the general law.
13.05 Waiver
The waiver by the Landlord of a breach of a term, covenant or condition of this lease
shall not be considered to be a waiver of a subsequent breach of the term, covenant or condition
or another term, covenant or condition. The subsequent acceptance of rent by the Landlord will
not be considered to be a waiver of a preceding breach by the Tenant of a term, covenant or
condition of this lease, regardless of the Landlord's knowledge of the preceding breach at the
time of acceptance of the rent.
ARTICLE XIV - SURRENDER OF THE PREMISES
14.01 Surrender of the Premises
Leasehold Improvements made by the Tenant or made by the Landlord on the Tenant's
behalf shall immediately upon their placement be and become the property of the Landlord
without compensation therefor to the Tenant. Except in the ordinary course of business, no
Leasehold Improvements, trade fixtures, furniture or equipment shall be removed from the
Premises either during or at the expiration or sooner termination of the Term without the prior
written consent of the Landlord. Upon the termination of this lease the Tenant will leave the
Premises in a state of good repair, reasonable wear and tear excepted.
ARTICLE XV - MISCELLANEOUS
15.01 For Rent and For Sale Siens
The Landlord may within six (6) months before the expiration of the Term, exhibit the
Premises to prospective tenants and, place on the Premises a notice of reasonable dimensions
stating that the Premises are for rent. The Landlord may, at any time during the Term, place on
the Premises a notice of reasonable dimensions stating that the Premises are for sale.
15.02 Entry by Landlord
Notwithstanding any other provisions of this Lease, the Landlord may enter the
Premises after forty-eight (48) hours written noticefor the purpose of inspecting same and for
such other purpose as the Landlord may consider necessary for the protection of its interest under
this Lease and for the purpose of showing the Premises to prospective purchasers and
mortgagees.
15.03 Notices
(1) Any notice or communication to be given under this Lease shall be in writing,
may be delivered personally or pre -paid registered mail, charges prepaid as described below. and
shall be deemed to have been validly and effectively given and received if delivered personally,
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on the date of such delivery, or on the fifty business day following the day on which the notice is
mailed, on the date received unless in either case such notice or communication is received as the
case may be after 3:00 p.m. local time or on a day other than a Business Day (being Monday
through Friday both inclusive except for statutory holidays in the Province of Ontario) in which
case such notice or communication shall be deemed to be received on the next Business Day.
Any such notice or communication shall be addressed to the parties hereto at their addresses set
out below (or such other address for a party as may be designated by such party from time to
time by notice):
Landlord: The Corporation of the Town of Aurora
100 John West Way, P.O. Box 1000
Aurora, Ontario, L4G 6J1
Attention: Bob Panizza, Director of Corporate Services/Town Clerk
Tenant: York Region Neighborhood Services Inc.
95 Allaura Boulevard
Aurora, Ontario,
. (2) Such notice or communication may also be mailed in Canada by prepaid
registered mail addressed to the party at the above address or such other addresses designated by
the party from time to time in which case it shall be deemed to have been delivered on the fourth
Business Day after mailing.
15.04 Successors and Assigns
This Lease shall enure to the benefit of and be binding upon the successors and assigns
of the Landlord and the permitted successors and permitted assigns of the Tenant, as the case
may be.
15.05 Waiver
If the Landlord shall overlook or excuse any default by the Tenant of any obligation
hereunder this shall not operate as a waiver of such obligation in respect of any continuing or
subsequent default and no waiver shall be effective unless expressed in writing. The acceptance
of Rent by the Landlord from the Tenant or any other entity will not be considered to be a waiver
of a breach by the Tenant of its obligations hereunder regardless of the knowledge of the
Landlord of the breach at the time of acceptance of the Rent.
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15.06 Force Maieure
If and to the extent that either the Landlord. or the Tenant shall bona f de be prevented,
delayed or restricted in the fulfillment of any obligation hereunder other than the payment of rent
or other moneys due because of any cause beyond the control of the party affected thereby which
prevents the performance by such party of any obligation hereunder and not caused by its default
and not avoidable by the exercise of reasonable effort including, without limitation, strikes,
labour disturbances, civil disturbance, acts, orders, legislation, regulations or directives of any
government or public authority, acts of a public enemy, war, riot, sabotage, earthquake, fire,
storm, hurricane, flood, explosion or act of God, it shall be deemed not to be a default in the
performance of such obligation and any period for the performance of such obligation shall be
extended accordingly and the other party to this Lease shall not be entitled to compensation for
any inconvenience, nuisance or discomfort thereby occasioned.
15.07 Status Statement
The Tenant will at any time, and from time to time upon not less than twenty (20) days'
prior notice, execute and deliver to the Landlord or as the Landlord may direct a statement in
writing certifying that this lease is unmodified and in full force and effect (or if modified, stating
the modification and stating that the same is in full force and effect as modified) the amount of
the fixed minimum rent and any other amounts then being paid hereunder, the dates to which by
instalment or otherwise such rent and amounts and other charges payable hereunder have been
paid, the particulars and amounts of insurance policies on the Premises in which the interest of
the Tenant is noted, whether or not there is any existing default on the part of the Landlord of
which the Tenant has notice, whether or not there are any set -offs, defence or counterclaims
against enforcement of the obligations to be performed by the Tenant under this lease and as to
any other matter pertaining to this lease as to which the Landlord reasonably requests
certification. It is agreed that any such statement delivered pursuant to the provisions of this
section may be conclusively relied upon by any prospective purchaser or purchasers or any
Mortgagee or prospective Mortgagee save as to any default on the part of the Landlord, of which
the Tenant giving such statement does not have knowledge at the date thereof.
15.08 Subordination and Attornment
(a) This Lease and the Tenant's rights hereunder are, and will at all times (provided
the encumbrancer enters into a non -disturbance agreement with the Tenant which
shall be provided without charge to the Tenant and shall be in form and content
satisfactory to the Tenant acting reasonably) be, subordinate to all mortgages,
trust deeds or the charge or lien resulting from, or any instruments of, any
financing, refinancing or collateral financing (collectively, an "Encumbrance")
and to any advances thereon and renewals or extensions thereof from time to time
affecting the Premises or any part thereof and the Tenant will, upon receipt of the
non -disturbance agreement and written request, execute and deliver, without
charge, any document requested by the Landlord to confirm the foregoing. The
Tenant will also, if requested, attorn to (i) the holder of any Encumbrance, or any
representative, receiver or receiver -manager appointed or designated by such
holder, and (ii) any purchaser, transferee or disposee of the Premises (or any part
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GENERAL COMMITTEE — SEPTEMBER 19, 2006
WE
of it) or of any ownership or equity interest in the Premises (or any part of it),
including any purchaser at a foreclosure sale or any sale under a power of sale
under any Encumbrance, provided such encumbrancer, representative, receiver,
receiver manager, purchaser, transferee or disposee assumes the obligations of the
Landlord in this Lease.
(b) The form and content of any document requested under Section 15.08(a) will be
that reasonably required by the Landlord, the holder of the Encumbrance or the
purchaser, transferee or disposee, as the case may be subject to the Tenant's
reasonable charges, and the Tenant will negotiate in good faith and execute and
deliver any such document to the Landlord.
15.09 Registration
The Tenant will not register this lease, but nevertheless if the Tenant desires to register a
notice of this lease the Landlord will execute a notice or acknowledgement sufficient for the
purpose in such form as the Landlord shall have approved and which shall describe only the
parties, the Premises and the Term. .
15.10 Accord and Satisfaction
No payment by the Tenant or receipt by the Landlord of a lesser amount than the amount
of rent herein stipulated will be considered to be other than on account of the earliest stipulated
rent, nor will an endorsement or statement on a cheque or in a letter accompanying a cheque or
payment as rent be considered to be an accord or satisfaction, and the Landlord may accept a
cheque or payment without prejudice to the Landlord's right to recover the balance of the rent or
pursue any other remedy.
15.11 No Partnershi
The Landlord does not in any way or for any purpose become a partner of or joint
venturer or a member of a joint enterprise with the Tenant. Notwithstanding the foregoing, the
Landlord may participate with the Tenant for the purposes of securing government funding from
time to time.
15.12 Vacating/Deemed Surrender
If, from time to time during the Term, the Tenant ceases to occupy the Premises, the
Landlord may give thirty days' written notice to the Tenant that it intends to terminate the lease,
whereupon the Tenant may within such 30 day notice period, respond to the Landlord by written
notice that it still needs the Premises, and giving reasons for the vacancy. If the Tenant does not
respond or having responded does not reoccupy the Premises within a reasonable period of time,
(having regard to the reason given for the vacancy) or if the reasons given are not reasonable, the
Landlord shall be entitled to reoccupy the Premises and thereafter the Tenant shall have no
further right of occupancy or possession of the Premises, the Tenant shall have no claims,
including claims for costs, or other recourse against the Landlord under the terms of this Lease or
otherwise and it shall be deemed a surrender of this Lease and the Lease shall be considered to
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be at an end and terminated. The Tenant shall also have the right from time to time to surrender
the Lease.
15.13 Amendment to be in Writing
No alteration, amendment, change or addition to this lease will bind the Landlord or the
Tenant unless in writing and signed by them.
15.14 Joint and Several Liability
If two or more individuals, corporations, partnerships or other business associations (or a
combination of two or more) are the Tenant, the liability of each individual, corporation,
partnership or other business association to pay rent and perform all other obligations hereunder
shall be joint and several. If the Tenant is a partnership or other business association the
members of which are by virtue of statute or general law subject to personal liability, the liability
of each member shall be joint and several.
15.15 Counterpart Execution
This Lease may be executed in one or more counterparts, each of which shall be deemed
an original and all of which, taken together shall constitute one and the same instrument.
15.16 Leasehold Improvements
The Tenant covenants and agrees that all improvements made to the Premises, including
the construction and placement of mobile or temporary structures shall, immediately upon the
termination of this Lease or the expiry of the Term, whichever shall occur first in time, become
the property of the Landlord without compensation therefor to the Tenant with the exception of
any alarm system installed by the Tenant, and accordingly, the Tenant is not entitled to remove
any fixtures located on the Premises at any time during the currency of this Lease without the
written consent of the Landlord, except the said alarm system.
ARTICLE XVI - ENVIRONMENTAL OBLIGATIONS
16.01 Definitions
As used herein:
(a) "Environmental Laws" means all applicable federal, provincial, regional,
municipal or local statutes, regulations or by-laws or any legally enforceable
policies, codes, guidelines or directives issued by any governmental authority
including without limitation, the Ministry of the Environment, the Ministry of
Consumer and Commercial Relations or the Technical Standards and Safety
Authority relating to pollution or protection of human health or the environment.
as they may be amended from time to time. Without limiting the generality of the
foregoing, "Enviromnental Laws" shall include the Guideline.
—114—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
WAIN
(b) "Guideline" shall mean .the Guideline for Use at Contaminated Sites in Ontario
issued by the Ministry of the Environment revised February, 1997,
(c) "Hazardous Substances" means any substance or material that is prohibited,
controlled or regulated under any Environmental Laws, including without limiting
the generality of the foregoing, any paints, solvents, PCBs, asbestos,
contaminants, pollutants, dangerous substances, toxic substances, designated
substances, controlled products, wastes, Hazardous materials, dangerous goods or
petroleum, its derivatives, by-products or other hydrocarbons, fumes, acids, alkali
or toxic chemicals in liquid, gaseous or solid form.
(d) "Release" has the meaning contained in any Environmental Law and includes,
without limitation, any release, spill, emission, leak, pumping, injection,
abandonment, deposit, disposal, discharge, dispersal, leaching, migration,
pouring, emptying, escape, dumping, spraying, burying, incinerating, seeping or
placing of Hazardous Substances, including the movement of Hazardous
Substances through, on, under or in the air, soil, subsurface strata, surface water
or groundwater.
(e) "Remediate" means the treatment, excavation, removal or disposal of any part or
parts of the Premises in order to remove Hazardous Substances therefrom and
Remediation has a corresponding meaning.
16.02 Environmental Compliance
(a) The Tenant shall conduct all of its operations on the Premises in strict compliance
with all Environmental Laws and shall not, except as permitted pursuant to
Environmental Laws, cause or permit to be caused by any act, practice or
omission or by negligence or otherwise any adverse effect on the natural
environment, as such terms may be defined or applied under Environmental
Laws. Without limiting the generality of the foregoing, the Tenant shall obtain all
licences, permits, certificates of approvals and approvals, if required, under all
Environmental Laws for its operations on the Premises.
(b) The Tenant shall not cause or allow any Hazardous Substances to be used,
generated, stored or disposed of, under or about or transported from the Premises
except in strict compliance with all Environmental Laws and only in such
amounts as are reasonably necessary in connection with the permitted use of the
Premises under this Lease and using all necessary and appropriate precautions
with respect to such Hazardous Substances. The Tenant shall obtain all licences,
permits, certificates of approval, approvals and generator registrations required
under Environmental Laws with respect to all such Hazardous Substances.
(c) The Tenant shall provide copies to the Landlord of all licences, permits,
certificates of approval, approvals and generator registrations required under this
Section within ten (10) days of demand therefor by the Landlord, provided that
—115—
1. GENERAL COMMITTEE — SEPTEMBER 19, 2006
-21-
receipt or review of same by the Landlord shall not obligate the Landlord to take
any action hereunder with respect to any conditions on the Premises.
(d) The Tenant shall not use any existing underground storage tanks located in any
part of the Premises for any purpose without the Landlord's prior written consent
which shall not be unreasonably withheld, and the Tenant shall not install or
construct any underground storage tanks in any part of the Premises unless it first
obtains the Landlord's prior written consent which may be unreasonably withheld
and in the event such consent is granted the Tenant shall comply with all
applicable laws including, without limitation, ensuring adequate secondary
containment for any spills is constructed around any such tanks.
(e) The Tenant shall not permit any waste to accumulate at the Premises other than in
compliance with Environmental Laws and shall ensure all such waste is removed
by a licenced hauler in compliance with all Environmental Laws.
The Landlord may, at any time and from time to time, inspect the Premises and the
Tenant's records to detennine whether the Tenant is fully complying with Environmental Laws
and its environmental obligations under this Lease. The Landlord may also, at any time and
from time to time, inspect the Premises to evaluate the environmental risk. Where the Landlord
reasonably considers it necessary, the inspection may be performed in whole or in part by experts
and may include sampling, monitoring and other tests, all performed at the Landlord's expense.
If the Landlord's inspection discloses a breach of Environmental Law or a fact situation which
could reasonably be anticipated to result in a breach of Environmental Law, the Landlord will
have the right to take whatever steps are reasonably required to rectify such breach or prevent
such breach from occurring, as the case may be. Where the Landlord has either carried out an
order thereto or has' cleaned -up or restored a discharge or has otherwise incurred any expense or
damage relating to an environmental problem caused by the Tenant or its employees, suppliers,
invitees, customers or those for whom it is responsible in law, the Tenant will indemnify the
Landlord for all costs incurred by the Landlord with respect thereto together with a reasonable
administration fee. The provisions of this Article XVI will survive the termination of the Lease
in respect of every event occurring during the Term, renewal, extension or overholding.
16.03 Hazardous Substances
The Landlord represents and warrants the following:
a) to the best of the Landlord's knowledge, the Premises are not and have not
in the pastbeen used for storage, manufacture or sale of Hazardous
Substances or for any activity involving Hazardous Substances;
b) the Landlord has not ransported, or caused to be transported, any
Hazardous Substances to or from the Premises;
c) the Landlord has not received and is not aware of any order or notification
from any federal, provincial, regional county or municipal agency or
authority relating to Hazardous Substances, in or near the Premises.
—116—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
-22-
The Landlord shall indemnify, defend and hold harmless the Tenant and the Tenant's
parent company and their respective officers directors, employees, shareholders and agents from
and against any and all liability arising from any and all losses, costs, expenses, damages, claims,
demands, litigation or governmental action involving any of the following:
a) any breach of the representations and warranties contained in this Section;
b) the presence of Hazardous Substances on or in the Premises, unless such presence
is due solely to the acts of the Tenant occurring after the Effective Date; and
c) the migration of Hazardous Substnaces from the Premises to any other property
unless such migrating substances were located on or in the Premises immediately
prior to such migration due solely to the acts of the Tenant.
—117—
GENERAL COMMITTEE - SEPTEMBER 19, 2006
-23-
In witness whereof the Landlord and Tenant have executed this agreement as of the date
first written above.
FRO V 3E
CCUncil ✓ _ !
Cunrnic;ae N�K1 j
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ac'_ ;:t v: Ls01- O?Llo
THE COB
AURORA
By: t'
Name: ( T . S
Title: �4
I:
Name: Br- -Pan
Title: CLERK
TIE TOWN OF
We have authority to bind the Corporation.
c/s
By: Z/"
Name: Py rya i c i/f ga st�7not,- /s
Title: ACc"rZ-
By:
Name:
Title:
We have the authority to bind the Corporation
-118-
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Schedule A to a Lease dated as of August 21, 2001 between The Corporation of the Town of
Aurora as Landlord and York Region Neighbourhood Services Inc., as Tenant
The Lands: Part of Lot 77, Concession 1, E.Y.S. Town of Aurora, Regional Municipality
of York designated as Lot 26, RCP 10328.
Error! Unknown document properh' name.
—119—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
-25-
Schedule `B"
The Tenant shall pay rent in the following amounts for the following periods:
September 1, 2001 to August 31, 2002
$2050.00 per month;
September 1, 2002 to August 31, 2003
$2100.00 per month;
September 1, 2003 to August 31, 2004
$2150.00 per month;
September 1, 2004 to August 31, 2005
$2200.00 per month;
September 1, 2005 to August 31, 2006
$2250.00 per month; .
September 1, 2006 to August 31, 2007
$2300.00 per month;
September 1, 2007 to August 31, 2008
$2350.00 per month;
September 1, 2008 to August 31, 2009
$2400.00 per month;
September 1, 2009 to August 31, 2010
$2450.00 per month;
September 1, 2010 to August 31, 2011
$2500.00 per month.
McCardn, Tetrazdl TDO-RED #810791-/v. 2
—120—
GENERAL COMMITTEE - SEPTEMBER 19. 2006
YORK REGION
NEIGHBOURHOOD
SERVICES INC.
17705 Leslie Street, Suite 202, Newmarket, Ontario UY 3E3 • email: yns@socialenterprise.ca
Tel: (905) 895-0809 • Toll Free: 1-866-243-9925 • Fax: (905) 953-8241
Allan Downey
Director of Leisure Services
The Town of Aurora
100 John West Way
Box No. 1000
Aurora, ON L4G 6J1
+r?
Fax: (905)726 4734
Dear Mr. Downey
York Region Neighbourhood Services Inc is pleased to report that the now called Crescentbrook Farms
Child Care Program has been expanded over the last three years to its present licensed capacity of 30 child
care spaces. By providing families with the flexibility of part time care the Crescentbrook program now
serves 36 children, 29 of these children reside in Aurora, 3 children have parents who work in Aurora and
the remaining 4 are residents of Newmarket and northern Oak Ridges.
Despite multiple challenges with the facility and terrible reputation left by the last operator York Region
Neighbourhood Services with support from the Town have created a vibrant quality program that provides
much needed child care spaces to the residents of Aurora.
In addition to its primary use as a child care, YNS has also operated some Ontario Early Years programs
and has supported a program called Children's Bridge to make use of the centre on Saturday. Children's
Bridge is a support group for families that have adopted children from China.
We are now in our third year of operation and we are continuing to incur an operating loss. The fee
structure of the program has been created to meet the needs of general income level families and allows
YNS to offer service to families who are being supported by the Regional Subsidy Program. As such we
must look to reduce our overhead costs to reach solvency.
I am respectfully requesting delegation status to address council on Tuesday April 20, 2004 and secure
councils permission to meet with you to review the financial operation of the centre and determine options
to reducc costs. I would then request that council receive this report and consider recom-nendatiors to
stabilize the financial solvency of the Crescentbrook Program,
Sincerely,
I
G
Patricia Robertson
Chief Executive Director
Boys & Girls Club of York Region • Mentorprise • Ontario Early Years Centres
Internationally Trained Professional Services • Licensed Child Care Services
Community Service Information • The gifpol Ghristrnas • Youth at Risk Services
u Youth Pre -Employment Services • YNS Translations • York Region Supervised Access
GENERAL COMMITTEE — SEPTEMBER 19, 2006
e avdn ofg4,r
�r � 0' TOWN OF AURORA
\\\� EXTRACT FROM GENERAL COMMITTEE MEETING
nPlxe We're PwdTO C.II Home.
NO. 04-13 HELD ON TUESDAY, APRIL 20, 2004 &
ADOPTED BY COUNCIL ON APRIL 27, 2004
V DELEGATIONS
Ms Patricia Robertson, Chief Executive Director, York Region
Neighbourhood Services Inc.
Re: Request for Council to Consider Recommendations to Stabilize the
Financial Solvency of the Crescentbrook Farms Child Care Program
Ms Patricia Robertson addressed the Committee regarding Crescentbrook Farms
Child Care, which is a tenant in the heritage building on the Jack Woods property.
The current lease with the Town is scheduled for renewal in 2005. Ms Robertson
requested permission to meet with staff to review the financial operation of the
centre and determine options to reduce costs.
Moved by Councillor Morris
Seconded by Mayor Jones
THAT the comments of the delegate be received and referred to staff for a
report.
CARRIED
CORRESPONDENCE SENT BY:. Corporate Services
ACTION DEPT.: Leisure Services
INFO DEPT.: Legal
—122—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Crescentbrook Farms Child Care Centre
A.K.A. Jack Woods Property
95 Allaura Boulevard, Aurora
.Report To: Al Downey, Leisure Services Director
Town of Aurora
Patricia Robertson, C.E.O.
York Region Neighbourhood Services Inc.
Prepared By: Samantha Zuercher
Manager, Licensed Child Care Services
York Region Neighbourhood Services Inc.
—123—
GENERAL COMMITTEE - SEPTEMBER 19, 2006
The Purpose of this report, in keeping with the partnership between
York Region Neighbourhood Services and the Town of Aurora, is to
determine how to provide sustainable, affordable licensed child care as
part of a plan to achieve continued solvency of the child care centre
currently located at the Jack Woods Property, 95 Allaura Boulevard.
-124- Z
GENERAL COMMITTEE - SEPTEMBER 19, 2006
Table of Contents
• Relationship History Page 4
• Current Operating Profile Page 4
• Additional Community Value & Support Page 4
• Operating details & Challenges to Solvency Page 5
• Demand for Service Page 5
• Common Operating Costs Page 6,7
• Conclusion Page 8
• Appendix A - Child Care Statistics from the
Regional Municipality of York Page 10
• Appendix B - Canada Census Information Page 12
• Appendix C - "Upper York Region" Child Care Stats. Page 13
• Appendix D - Y.R.D.S.B. Rental Formula Page 14
• Appendix E - Fee & Salary Comparison Page 15
• Appendix F - Income Vs. Expenses at Crescentbrook Page 16
-125- 3
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Crescentbrook Farms Child Care Centre
A.K.A. Jack Woods Property
95 Allaura Blvd. Aurora
Opened by YNS: September 2001
Licensed Capacity: 30
History of Relationship between YNS & Town of Aurora:
In August of 2001 York Region Neighbourhood Services (YNS) entered into a
partnership with the Town of Aurora to meet the growing community need for licensed
child care services. YNS assumed responsibility of the child care centre at the request of
the Town as the previous commercial operator was unable to achieve solvency or quality
of care.
The Town of Aurora recognized the need for affordable licensed child care in Aurora. As
such the Town of Aurora sought a public child care provider to operate the facility with
the intent of providing long term sustainable child care services in Aurora. YNS then
partnered with the Town of Aurora and through negotiations of the lease established
common goals for child care service.
YNS and the Town of Aurora worked diligently to re -open the center as quickly as
possible. The facility was licensed to begin operation in September of 2001, with the
first child attending on October l't of the same year.
Current Operating Profile:
The main house'of the Jack Woods property is approximately 2475 square feet in size.
Being a heritage home, the portion of space for licensed child care is 1059 square feet, or
44% of the total facility space. The center is currently licensed for a maximum of 15
toddlers and 15 pre-schoolers.
To ensure the most cost effective use of space, but more importantly to extend more
options of care to more families, YNS has provided the flexibility of part-time care.
Using this model, the current participant profile is as follows: 36 children, 29 of whom
reside in Aurora, 3 have parents who work in Aurora and the remaining 4 are residents of
Newmarket and northern Oak Ridges.
Additional Community Value & Support:
hi addition to operating child care services at Crescentbrook Farms, throughout the last
three years we have also worked closely with the Town of Aurora to support several
community groups at the center, providing them with space, at no cost, to conduct their
programs while the child care is not in operation.
-126—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Currently, Children's bridge runs a play group on Saturday for families who have
adopted international children. This program serves 12-15 families monthly, the majority
of which live in the surrounding area.
The York Region Food Network is also working in partnership with our agency to
operate a community garden at the south end of the property which supports the Aurora
area.
Other groups who have partnered with YNS and the Town of Aurora to use this facility
include the Boys & Girls clubs of York Region, and the Ontario Early Years Centre for
Vaughan -King -Aurora.
Operating Details and Challenges to Solvency:
Now in our third year of operation, we continue to incur an operating loss. The current
fee structure of the program has been developed to meet the needs of general income
level families and allows YNS to offer service to families who are being supported by the
Regional Subsidy Program.
As a heritage house, Crescentbrook Farms has also faced several structural challenges. In
comparison to a new/up-to-date facility, a heritage house is limited in expansion and
renovation options as a result of its designation under the Ontario Heritage Act. In
addition, the facility is challenged by increased utility charges as a result of structural
deficiencies such as poor insulation and inadequate windows.
With little room to navigate in terms of our current fee structure, and no other way to
increase the licensed capacity of the centre, we must look to reduce our overhead costs in
order to reach solvency.
Demand for Service:
According to the Regional Municipality of York, child care services division, as of June
2004 there were 19,802 licensed child care spaces in York Region. Of that total, 1,177
licensed child care spaces were located in Aurora.
The three largest child care centers in the Aurora/Newmarket area, all report having a
wait list for child care space. These wait lists range between 32%- 40% of their total
licensed capacity. When you compare this information, with the Regional Subsidy wait
list of 1,417 children, we can confirm that there is an immense need for licensed child
care services in the region. Often families do not put their names on the wait lists
because it could take years for a space to open up, as such the 1,417 on the wait list does
not reflect the true need for child care services.
While the need for service for Aurora families continues to grow, the situation is
compounded by the fact that surrounding areas are facing the same problem, and for a
—127—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
family to find licensed child care they must go further and further south. As such,
families are turning to alternate care options such as unlicensed/informal child care.
According to the 2001 census, there were 10,095 children living in Aurora between the
ages of 0-14 years. However, at the end of June 2004 there were only a total of 1,177
licensed child care spaces available to these families. This would accommodate only
12% of the children in Aurora regardless of need. For the high need group of children 0-
4 years of age, which make up 30% of the 10,095 children, there are only 433 licensed
spaces.
With a reported labour force participation rate of 76.5 percent in Aurora, families who
require child care services may be forced to use facilities in neighbouring towns, or
unlicensed/infonnal programs to meet their needs. However, as stated earlier,
neighbouring towns are facing the same wait lists and no vacancies.
13% of the 11,220 families in Aurora are Lone -Parent Families, who would not have
another family member in the residence to assist with Child Care in the event that no
formal child care was available.
Common Operating Costs:
The following chart depicts the comparison of rental costs for neighbouring child care
centres.
Crescentbrook
Our Lady of
Newpark
Peek -A -Boo
Farms Child
Grace Child
Children's
Child Care
Care Centre
Care Centre
Centre
Centre
Location
Aurora
Aurora
Aurora
Newmarket
Licensed Cap.
30
142
72
142
Square Footage:
2475
7785
7000
8500
Square Footage
1059
5013
2542
5013
for licensing
purposes:
Rental costs Not
$11.00/sq. foot
$6.00/sq. foot
$10.52/sq.
Not disclosed
includingutilities:
foot
The Crescentbrook facility was not designed as a child care centre, as such a large
amount of space (1059 square feet) is not considered usable space for the child care
centre. In comparison, Crescentbrook Farms is only approximately 30% of the size of the
three main child care centers in Aurora/Newmarket, all of which were designed as child
care centers.
The rental costs at Crescentbrook however are higher than all other Aurora/Newmarket
centres surveyed, with only a third of the number of children to accommodate the costs.
—128— 6
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Operating Budget Details:
The following chart demonstrates the general operating costs of Crescentbrook Farms
Child Care Centre in comparison to the operating costs of our other centres.
Operation
% of Crescentbrook
Budget
% of other YNS
Programs
Salaries
61%
62%
Rent
15%
2%
Utilities
4%
Included in Rent
Phone/Communication
1%
1%
Maintenance
6%
4%
Advertising &Promotion
1%
Less than1%
Program Supplies &
Resources
2%
3%
Audit & Insurance Costs
19%
18%
Professional Development
Less than 1%
1%
Travel
Less than 1%
Less than 1%
Non -direct Service Admin.
9%
10%
Total Costs:
Approximately 120%
Approximately 102%
Salary rates for Crescentbrook staff, while adequate, are below the regional average by
up to 19%. As a result, staff turnover may increase which negatively impacts the caliber
of the program.
YNS' current investment in this program totals $90,363.82. Of that total, $40,000 was
covered in the form of a loan from YNS reserve funds, the remainder of which was
covered through subsidies and grant funding.
• Initial capital investment: $13,668.13
• Subsequent capital investment: $10,517.15
• Year 1(Sept. '01—March `02)
Revenue: $16,322.18 Expenditure: $69,088.96
Net Result: ($52,766.78)
• Year 2 (April'02 — March '03)
Revenue: $143,678.56 Expenditure: $165,510.81
Net Result: ($21,832.25)
• Year 3 (April '03 — March '04)
Revenue: $194,179.82 Expenditure: $209,944.61
Net Result: ($15,764.79)
—129—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Conclusion:
YNS is still committed to working with the Town of Aurora to sustain and/or increase
child care services in Aurora. YNS has worked diligently to make Crescentbrook Farms
Child Care Centre a recognized facility known predominantly for its' home -like
atmosphere and incredible staff team. However, due to the high overhead costs
(including rental/utility costs) for a centre of its' size, Crescentbrook's parental fees are
higher than the area and regional averages. Even with these higher fees, the continued
costs of operating the centre are higher than the revenue generated through user fees.
At this point we find ourselves unable to continue to make up this shortfall and are
looking at the Town of Aurora to review its occupancy charges to allow us to bring the
Crescentbrook Farms operation into solvency.
Recommendations: To work with the Town of Aurora in reviewing the operation of the
Jack Woods property, examining the continued feasibility of housing the Child Care
Centre at the Jack Woods Property, and examining alternate options/facilities.
While decreasing the overhead costs of the program is an important first step, we must
also consider a long-term plan which will meet the needs of the constituents in Aurora as
well as the needs of the Town itself.
—130—
GENERAL COMMITTEE - SEPTEMBER 19, 2006
Appendices A-F
—131—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Appendix A -Child Care Statistics from the Regional Municipality of York:
According to the Regional Municipality of York, there are 1,177 licensed child care
spaces in Aurora. These licensed child care spaces are divided into the following age
groups:
Infant (up to 18 months):
0 spaces
Toddler (18 to 30 months):
55 spaces
Preschool (30 months to 4 years):
383 spaces
Kindergarten (4-5 years):
72 spaces
School Age (6-12 years):
539 spaces
Nursery School:
128 spaces
Total Licensed spaces in Aurora: 1177
Total Licensed spaces in York Region: 19,802
Crescentbrook Farms Child Care Centre currently operates 15 toddler spaces and 15 pre-
school spaces, or 27% of the Toddler spaces in Aurora, and 4% of the Pre -School spaces
in Aurora.
In June of 2004 the number of children on the wait list for subsidized child care spaces in
York Region was 1,417. In Aurora specifically there were 45 children on the wait list
for subsidized child care spaces.
Below is the Regional Schedule of Rates for Centre Based Child Care Fee Assistance as
of January 1" of 2004. These rates are based on the average market rate across the
Region of York. Next to the Region's rates are the current market rates at Crescentbrook
Farms Child Care Centre:
Centre Based Child Care Rates
Regional Municipality of York Vs. Crescentbrook Farms Child Care Centre
Age Group
Regional
Approved Rate
Crescentbrook
Market Rate
Other YNS
Market Rates
Infant —Full-Day
$49.10
N/A
N/A
Toddler —Full-Day
$38.75
$42.00 - $43.00
$40.00 - $41.00
Pre -School — Full -Day
$33.00
$37.00 - $38.00
$35.00 - $36.00
Kindergarten — Full -Day
$31.80
Will Be: $37.00
(September 2004
$35.00
School -Age Rate
$14.95
N/A
$15.10
Nursery School Rate
$14.85
N/A
$15.00
—132— 10
GENERAL COMMITTEE — SEPTEMBER 19, 2006
As you can see from the previous comparison chart, our rates are higher than both the
Regional Average Market Rate and our other in-house child care rates. This is directly
attributable to the need to cover our operational and overhead costs at the Crescentbrook
Farms location.
As the Average Market Rate determined by the Regional Municipality of York is 8%-
14% lower than the market rates at Crescentbrook, the child care centre inevitably loses
income with each fee assisted child who attends the program.
—133— 11
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Appendix B - Canada Census Information: 2001 Census -Aurora, Ontario
Total Number of Families: 11,220
->Number of Married -Couple Families:
9,005
Average number of persons in Married -Couple families:
3.4
->Number of Common -Law Families:
815
Average number of persons in Common -Law families:
2.5
->Number of Lone -Parent Families:
1,400
Average number of persons in Lone -Parent Families:
2.6
Households containing a couple (married/common-law) with children: 6,335 (of
12,990 households)
Age Characteristics of the Population (child specific):
Age 0-4 2,905
Age 5-14 7,190
Conclusions/Assumptions Regarding Census Data & Region of York Statistics:
• According to the 2001 census, there were 10,095 children living in Aurora
between the ages of 0-14 years. However, at the end of June 2004 there were
only a total of 1,177 licensed child care spaces available to these families. This
would accommodate only 12% of the children in Aurora regardless of need.
• According to the Region of York child care statistics, as of June 2004, there were
433 child care spaces for children between the ages of 18 months - 4 years in
Aurora. However, the 2001 census reports that as of 2001 there were 2,905
children living in Aurora between the ages of 0-4 years. As such only 15% of
these children can be accommodated in licensed spaces. Note: No licensed
accommodations exist for children less than 18 months of age in Aurora.
• With no licensed child care spaces available for infant care in Aurora, the concern
we hear most often from working parents is that they need to go back to work but
do not have any licensed child care options from when their child is 12 months of
age (and the maternity leave ends) to when they are 18 months of age.
• With a reported labour force participation rate of 76.5 percent in Aurora, families
who require child care services may be forced to use facilities in neighbouring
towns, or unlicensed/informal programs to meet their needs.
• Parental Fees at Crescentbrook Farms Child Care Centre are 10%-16% above the
Regional Average Market Rate according to the Region of York.
• There are a reported 7,190 children between the ages of 5-14 living in Aurora, and
only 611 licensed child care spaces available for that age group. The size and
location of Crescentbrook Farms prevents it from capitalizing on this child care
shortfall.
• 13% of the 11,220 families in Aurora are Lone -Parent Families, who would not
have another family member in the residence to assist with Child Care in the
event that no formal child care was available.
-134- 12
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Appendix C - "Upper" York Region Child Care Centres Comparison Chart:
Several child care centres in the Aurora and Newmarket area were surveyed with regards
to their fees, licensed capacity, rental costs etc. Below are the centres who have chosen
to participate and the information that was disclosed.
Crescent-
Teddy
Peek -A -
Criteria
brook
St. Clare
O.L.G.
Cardinal
Newpark
Good
Bear's
Boo
Children's
Carter
Ctr.
Shepherd
Picnic
C.C.C.
Wood-
New-
New -
Location
Aurora
bridge
Aurora
Aurora
Aurora
Newmarket
market
market
Town of
Church
Building owner
Aurora
YCDSB
R.C.
YCDSB
I Private
YCDSB
Private
Private
Licensed Cap.
30
38
142
50
72
40
67
142
4
Wait List
2
Wait list
Minimal
Wait List
Vacancies/W.L.
Vacancies
3 Vacancies
over 45
Vacancies
Unknown #
Vacancies
Full
over 50
Sq. Footaa
2400
2475
7785
4045
7000
2069
Unknown
8500
$11.00/sq.
foot NOT
$1.41/sq.
$6.00/Sq.
$2.85/sq.
$10.52/sq.
$3.711 sq.
incl.
foot NOT
foot NOT
foot incl.
foot NOT
foot incl.
Not
Not
Rent
Utilities
incl. utilities
incl.utilities
utilities
incl. utilities
utilities
disclosed
disclosed
Fees/day:
Toddler
$42-$43
$40-$41
n/a
$27.40
N/A
$36.00
$37.00
$36.00
Pre-school
$37-$38
$35-$36
$33.00
$29.40
$34.66
$30.00
$33.00
$31.00
Kindergarten
$37
$35
$26.00
n/a
$32.58
$28.00
$33.00
$31.00
Please Note the Following:
• The program closest in monthly rental costs in Aurora to Crescentbrook is a
facility that is almost three times the size of Crescentbrook and as such has a
much higher licensed capacity.
• Our Toddler Fees are 12-35% higher than the other programs in
Aurora/Newmarket.
• Our Pre-school Fees are 6-21 % higher than the other programs in
Aurora/Newmarket.
• Our Kindergarten Fees are 11-30% higher than the other programs in
Aurora/Newmarket.
• The large wait lists at O.L.G. child care centre, and Peek -A -Boo child care centre
are for School -Age Care and Infant Care respectively.
—135— 13
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Appendix D - York Region District School Board, Child Care Rental Rates:
At the York Region District School Board the following equation is used to determine
rental costs for child care space. This equation is based on the Ministry of Education's
equation for each school.
The equation includes a cost for Operations & Maintenance, as well as a cost for Building
Renewal. The building renewal cost is collected monthly, at such a time that a repair is
required, for example if the roof needed to be repaired, the child care centre is not
charged for that repair. The cost is charged based on 75% capacity as the full space is not
always `usable'
$5.20 * Licensed Capacity * 75% = Operations & Maintenance Cost.
$0.64 * Licensed Capacity * 75% = Building Renewal Cost
For most centres with a licensed capacity of 40 children the total rent will be
$1460/month.
—136— 14
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Appendix E - Parental Fees & Salary Comparisons:
Below is a chart detailing the comparison between the fee & salary survey conducted by
Umbrella Central Day Care Services, the PCPC Toronto salary survey, and York Region
Neighbourhood Services actual fees and salaries at Crescentbrook Farms Child Care
centre.
Criterion
Umbrella (G1905"
Incl. Aurora)
PCPC ("905" incl.
Aurora)
YNS-Crescentbrook
Toddler fees
$699.80
Unknown
$903.00
Pre-school fees
$631.00
Unknown
$795.50
JK/SK
$451.50 (when not in
school)
Unknown
$795.50 (full-time at
cft,)
Supervisor
Salary
$41000.00
$19.63/hr
$33400.00
(=$18.35/hr)
ECE Salary
$30000.00
$15.70/hr
$29000.00
$14.00/hr
Assistant Salary
$23187.00
$11.54/hr
$21840.00
($12.00/hr)
Paid Sick Leave
8 days
Unknown
15 days
Vacation
5% have 3 weeks to
start
Unknown
3 weeks to start
6% have four weeks
after 5yrs
Unknown
4 weeks after 5 years
Pension Plan
45% offer pension
plan
Unknown
No Pension Plan
Life Insurance
86% cover 100%
Unknown
0% Covered
Food Catering I
$3.15/day
Unknown
$2.85/day plus snacks
Fee & Salary Comparison Information:
• The toddler fees at Crescentbrook Farms Child Care Centre are 23% above the
average determined by Umbrella.
• The Pre-school fees at Crescentbrook Farms C.C.C. are 21% above the average
determined by Umbrella for the York Region area.
• The salary of the centre supervisor at Crescentbrook Farms C.C.C. is 19% lower
then the average supervisor salary as determined by Umbrella for the York
Region area.
• The salary of an ECE at Crescentbrook is 3% lower then the average determined
by Umbrella for the York Region area.
• The Educational Assistant salary at Crescentbrook is 6% lower then the average
determined by Umbrella for the York Region area.
—137— 15
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Appendix F - Income vs. Expenses at Crescentbrook Farms C.C.C:
Operation
Year
Income
Salary
Cost
Rental
Cost
Utility
Cost
Food
Cost
Prog.
Supply
Cost
Advert.
&
Promo.
Maint.
Cost
Sub -
total
Costs
9/O1-3/02
$16,322
193%
88%
6%
6%
27%
7%
57%
384%
4/02-3/03
$143,182
61%
15%
4%
8%
2%
1%
6%
97%
4/03-3/04
$192,589
61%
13%
2%
8%
1%
0.5%
6%
92%
The above comparison shows the percentage of program income spent in the seven main
areas of a child care budget. Spending in the following areas are not included in the
comparison chart above: Telephone/Internet costs, Staff Professional Development,
Travel Costs, Furnishings/Equipment, Office & Administration Costs.
With regards to the comparison please note the following:
• In our first year of operation, the cost of running the program far exceeded the
income generated. Typically a program would not be opened with less than 5-8
children, however Crescentbrook was opened with only one child in order to meet
the timelines put in place by the Town of Aurora.
• In the last two years, spending in areas such as Program Supplies, Advertising &
Promotion and Staff Professional Development were limited in order to reduce
the deficit that was incurred. As a result these areas were extremely under -spent.
• The combination of rental and utility costs are upwards of 15% of the income
generated.
—138— 16
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Request for Change In Terms Of Partnership:
York Region Neighbourhood Services Inc, in partnership with the Town of Aurora,
remain concerned and committed to meeting the need for quality child care programs for
Aurora families.
The ongoing operation of the child care service at the Jack Woods property indicates that
current expenditure levels must be reduced in order to reach financial solvency while
maintaining the current fee structures, license requirements and quality standards.
To this end, York Region Neighbourhood Services Inc is requesting the following
support from the Town of Aurora:
• Readjustment of the facility rental rate to reflect the low range of the current
commercial estimate secured by Mr. Downey.
• Inclusion of utilities and seasonal maintenance into the new rental rate.
• An operating subsidy of 35% off the rental rate.
• Extension of the additional 5 year option on the lease agreement.
* Please see the attached budget for a cost detail on each request item.
YNS is asking that the Town of Aurora recognize that affordable fee based child care
operated by non profit organizations in partnership with municipalities and Boards of
Education receive significant rent and/or wage subsidies to keep fees within
recommended provincial rates. Further it is our hope that council will recognize our
commitment to the program in noting the initial capital funds and grant dollars that YNS
has invested into the Jack woods property and program.
Prior year and current year audited and/or prepared financial statements can be made
available to Council should additional financial data be desired in the review and
consideration of our request.
—139—
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-ian-
JUL-13-2006 10:13 AM YNS 9059538241 P.02
GENERAL COMMITTEE — SEPTEMBER 19, 2006
Fax: 905 726 4734
Ili Al,
Here is the projected budget that went to the board.
We discussed a rent of 6,000 at 500 per month, in addition to utilities. The enclosed
budget draft shows an ongoing loss of about 28K the 6 K would bring that too a loss of
34K.
increasing revenues or reducing costs was discussed but a fee increase would put the
cost above the reach of the families that need the program and over our regional subsidy
rates. Staff are on a hold the line on pay rates, We are always getting requests for
service,
Last year the program finished the year with a $21,444,00 loss, I can send an audit when
ifs done. Adding another 6 k for last years rent would be problematic for us. We have no
funds to draw from to pay that rent if they decide to bill us.
Accumulative investment still remains well over 100K.
The Community needs this service. It also supports groups like the food program and the
adoption support groups that use it on weekends. Hence the reason we keep putting
funds into it.
Maybe you can let the Boss's know we are looking at an investment of funds for the youth
Centre as well and then do your best begging an our behalf.
I know as long as the town is continuing to support the program with us as a partner, the
board will continue to operate the service for the community.
Pat,
—141—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
EXTRACT FROM COUNCIL MEETING NO. 06-22
HELD ON TUESDAY, JULY 11, 2006
11. FS06-022 - 2nd Quarter Financial Statements
Moved by Councillor Kean Seconded by Councillor Hogg
THAT the issue of outstanding rental payments from Jack Woods for 2005 and
2006, as outlined on page 3 of report FS06-022, be referred to Leisure Services
staff.
CARRIED
Moved by Councillor Kean Seconded by Councillor Hogg
THAT the 2"d Quarter Financial Statements be received.
CORRESPONDENCE SENT BY:
ACTION DEPT.: Leisure Services
CARRIED
INFO DEPT.: Financial Services,
—142—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
•I A' • • 1 r l
ON 1AM
•,,
• it •
V DELEGATIONS
(b) Ms Patricia Robertson, CAO,
York Region Neighbourhood Services/Social Enterprise Canada
Mr. Randy Reid, Director,
Boys and Girls Clubs of York Region
Ms Kim Thompson, Director,
Ontario Early Years Services
Re: Proposal for Use of Jack Woods Property
Ms Pat Robertson, Ms Kim Thompson and Mr. Randy Reid provided the
Committee with an overview of the services provided by the York Region
Neighbourhood Services/Social Enterprise Canada including the Ontario Early
Years Services and the Boys and Girls Clubs of York Region. Ms Robertson
requested the support of Council to work with the York Region Neighbourhood
Services to develop the Jack Woods property into a community environment to
potentially house a childcare centre, a Boys and Girls Club, and Ontario Early
Years Services. Ms Robertson further requested that they work with Town staff
to determine the feasibility of developing and creating a potential model for the
property.
General Committee recommends:
THAT the comments of the delegation be received and referred to staff for
a report.
CORRESPONDENCE SENT BY.
ACTION DEPT.: Leisure Services
INFO DEPT.: PENDING
CARRIED
—143—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
'TOWN OF AURORA
GENERAL COMMITTEE REPORT
No. PL06-069
SUBJECT: Zoning By-law Amendment Application
Lips, Stefan and Mary
219 Old Yonge Street
Part of Lot 4, Registered Plan 461
File: D14-06-02
FROM: Susan Seibert, Director of Planning and Development Services
DATE: September 19, 2006
RECOMMENDATIONS
THAT Implementing Zoning By-law 4844-06.D to allow the development of seven (7)
unit block townhouses on lands know municipally as 219 Old Yonge Street (Stefan
and Mary Lips File: D14-06-02)be enacted.
BACKGROUND
Location/Land Use:
The subject lands are located on the west side of Old Yonge Street, extending westward to
the east side of Yonge Street, as shown on Figure 1, attached. The lands are described as
Part Lot 4 on Registered Plan 461 and have a frontage on Old Yonge Street of approx. 32
m (105 ft.)and a lot area of 0.36 hectares (0.89 acres). A single detached dwelling
currently exists on the subject lands and it is approximately in the centre of the property.
The westerly portion of the subject lands adjacent to Yonge Street is at a lower grade and
is situated within a Regional floodplain.
Surrounding Uses:
North: Commercial (Oakland Hall Inn restaurant)
South: Townhomes residential
East: Detached residential -
West: Across Yonge Street, detached residential/ floodplain
Official Plan:
The subject lands are designated "Urban Residential" and "Private Open Space" by
Schedule A —'Land Use' of the Official Plan. The subject lands are also identified as within
—144—
GENERAL COMMITTEE — SEPTEMBER 19, 2006
September 19, 2006 - 2 - Report No. PL06-069
a "Heritage Resource Area" by Schedule C and the westerly portion of the lands are
located within the "Flood Prone Area" by Schedule D. In addition the subject lands are
within a `Site Specific Policy Area' per Section 3.1.4.e, which permits development for
medium density residential. The rezoning application is considered to conform to the
Official Plan
Zoning By-law:
The subject lands are currently zoned "Rural" (RU) Zone" and "Environmental (EP) Zone",
by Town of Aurora Zoning Bylaw 2213-78. A Zoning By-law Amendment is required to
permit to the development of the lands for 7 townhomes as proposed by the applicant.
Council Direction:
On June 25, 2003 a Public Planning Meeting was held to consider the rezoning
application. At that meeting Council passed the following resolution:
"THAT Report PL03-069 be received as information and that staff be requested to
report back as to the resolution of the outstanding issues, as identified in this report
and concerns raised by residents at the Public Planning Meeting; and
THAT this report address issues including but not limited to:
• Installation of sidewalks on Old Yonge Street to address pedestrian safety
concerns with regard to high volume of traffic and parked cars;
• Increased landscaping to shelter residents from the view of the neighbouring
units and parked cars;
• Green space be enhanced on the subject property; and
On September 20, 2005 General Committee considered staff report PL05-034, and
recommended:
"THAT implementing Zoning Bylaw 4693-05.D be scheduled for enactment at the
next Council meeting (File D14-06-02); and
THAT Council allocates sanitary sewer and water allocation to the development
site for a total of six (6) units, and a site plan agreement be executed by the
owner; and
THAT, subject to satisfactory review by the Site Plan Committee, the Director of
Planning and Development Services be authorized to execute a Site Plan
Agreement between Stefan and Mary Lips and the Town of Aurora respecting the
development of seven (7) unit block townhouse development on the subject lands
(File D11-02-05)."
The staff report and draft zoning bylaw identified that the lands would be zoned R6
—145—
GENERAL COMMITTEE - SEPTEMBER 19, 2006
September 19, 2006 - 3 - Report No. PL06-069
Exception with a holding (H) provision to be lifted when the site plan was executed between
the Owner and the Town.
On September 27, 2005 a memorandum was provided to Council from the Director of
Planning and Development Services which outlined that the majority of the issues
related to the site plan application had been resolved and that it was anticipated that
the owner would be able to address the balance of the conditions so that the site plan
agreement could be completed and executed. In light of the imminent completion of
the agreement it was not considered to be necessary to implement the holding (H)
provisions of the Bylaw. Staff therefore recommended that the implementing bylaw
would be scheduled at a future Council meeting without the holding provision when the
site plan agreement had been executed.
Staff have maintained contact with the owner on the status of the site plan agreement
and Mr. Lips has recently advised staff that he has not yet been able to finalize the
agreement at this time as he is still negotiating construction contract issues, however he
has full intentions of undertaking the development at the earliest possible time.
As the Site Plan agreement is not yet executed it is therefore recommended that the
Zoning Bylaw proceed to Council for approval with the holding (H) provisions included
as originally proposed.
COMMENTS
As this matter was considered by Council almost a year ago, this report is provided to
General Committee for information purposes as the bylaw amendment application with a
holding provision will be scheduled for Council consideration at its September 26 the
meeting.
The following is a summary of the development proposal for Council information. This
application was outlined in more detail in staff report PL05-034 (September 20, 2005).
The owner applied to
a) Rezone the subject lands from "Rural (RU) Zone" to a site -specific "Row
Dwelling Residential (R6-X) Exception Zone" to allow the development of seven (7)
block townhouse units on the subject lands with site specific exemptions to allow
the site to be developed in accordance with the site plan (File: D14-06-02).
b) Site Plan approval to allow the proposed residential townhouse development
(File: D 11-02-05)
The site plan and proposed building elevation plans are also included in this staff reportfor
background information.
The redevelopment of the lands would include demolishing the existing dwelling and
-146-
GENERAL COMMITTEE — SEPTEMBER 19, 2006
September 19, 2006 - 4 - Report No. PL06-069
replacing it with a single building structure containing the seven (7) townhouse units.
OPTIONS
Council has the option of enacting the Implementing Zoning by-law (as attached hereto).
Council may also direct staff to make changes that it deems appropriate.
PROVINCIAL POLICY STATEMENT
The proposal is consistent with the provisions of the Provincial Policy Statement.
FINANCIAL IMPLICATIONS
N/A.
LINK TO STRATEGIC PLAN
The Strategic Plan contains objectives to promote a sustainable community that respects
its historic culture and character and embraces diverse cultural development and renewal
in harmony with sound environmental management and business development activity.
Through the site plan approval process, staff will ensure that the design of site will conform
to and contribute to the character of the neighbourhood.
CONCLUSIONS
The subject proposal was previously considered and approved by Council in September
2005. The execution of the site plan agreement by the owner has not been completed,
and as such staff recommends that Council's original direction to include a holding (H)
provision in the bylaw now be included. The proposal represents desirable and compatible
development within the community. Staff recommends the approval of the proposed by-
law amendment.
ATTACHMENTS
Figure 1- Location Map
Figure 2- Site Plan
Figure 3- North and South Building Elevations
Figure 4- East and West Building Elevations
Figure 5- Draft Zoning Bylaw 4844-06.D
PRE -SUBMISSION REVIEW
Management Team Meeting — September 13, 2006
—147—
GENERAL COMMITTEE - SEPTEMBER 19, 2006
September 19, 2006 - 5 - Report No. PL06-069
Prepared by. Glen Letman, Manager of Development Planning ext. 4346
SYgan Seibert 'John S. Rogers
Director of Planning and Developmen Jces C.A.O.
-148-
ST JOHN'S SIDEROAD
W
LU
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WCD
iz
cn
(are �1i11 Cir
Tara Hi
Cir m
n
Twelve Oaks Dr
M
O
LOCATION PLAN
e
APPLICANT: STEFAN & MARY LIPS o 25 50 AuR—oPA
FILES: D14-06-02 & D11-02-05 Y y
AURORA PLANNING & DEVELOPMENT SERVICES Metres
DATE: SEPTEMBER 19, 2006 FIGURE 1
Location Plaq fjtl�p created by the Town of Aurora Planning Department, August 4th, 2005.
1 Ma1 modified on September 6th, 2006. Base data provided by York Region.