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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 a `9 a:h O)j r N � M. 1'- (n Q1' M 00 1- 0 O 07�y01-- r d'OD0 E M (O W M M N O O) O 04 0 d OOD (MD f0 y, N OD 1 1� r N �^' co p 60 (n (» el (» fa (» (n 0�0 Lo cd O4O DNr10 O U) O if ID V (D O (D m r V OD N OD N N w Lo M O N o O M M (D N V (O u) N M 1` N O co LD N OO .- r co (D c N OO r WU, f9 (9 (fl fa (A (f} U) EA c (i} 6% (R S_ O OM MMMMMM co \ Q 0 0DO 1- N m V y 001--mNN O O M O M w O (D Lo. r to C w (o O m w M OD OD 1` Di w (h m Lo, N r N On (o N D) O I� lD 0 N O a M M 1l y co M co V c o (N 00 O N N Q N N (Pr 6a fA 6% 6`} (iJ e% EPr 6& W V)Lom0)m0)m0) [O OD M co co V It V w 00 mI oi aD rn co rn 0 rn , m , rn , rn O NN 00 O (M(M(M W V' M M M (h M N M M O r Oi M O Oi N 0 fD N OD W N (D LD O It co N r� lD Lo co co O co a a0 ep M O I� M O r r O O N h M W N co M 1� O M =M r r LD (® W O N L 8, 00 N N p 2 C C N (0 @ m E O m — T 0 C 1R 0 u0 co O 0 N V 0) W O) l6 —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 —102— GENERAL COMMITTEE — SEPTEMBER 19, 2006 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 —103— 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 —104— GENERAL COMMITTEE — SEPTEMBER 19, 2006 -10- (c) other insurance in amounts and upon terms reasonable for a prudent tenant to provide and particular to this Tenant's undertakings. The Tenant will see that there is delivered to the Landlord, copies or certificates of the policies in force from time to time and the Tenant further agrees to deliver to the Landlord copies of renewal policies or certificates. If the Tenant fails to insure or file with the Landlord satisfactory proof of insurance, the Landlord may, without notice to the Tenant, effect such insurance and recover any premiums paid therefor from the Tenant on demand. If the Tenant fails to take out or keep in force any policy of insurance, the Landlord may do so and pay the premium, and any such premium shall be deemed to be and will be collectible by the Landlord from the Tenant as Additional Rent. This insurance shall protect the Landlord and the Tenant to an amount not less than $2,000,000 per occurrence and each shall be an additional insured and loss payee .in the insurance policy. The insurance policy or policies shall contain a cross -liability clause protecting the Landlord. The Tenant's insurance certificates and policies will each contain a clause that the insurer will not cancel or change or refuse to renew the insurance without the Landlord first having received not less than thirty (30) days' written notice. 9.02 Increase in Landlord's Insurance Premiums The Tenant shall not do, or permit to be done, anything on the Premises or bring or keep anything therein which will in any way increase the risk of fire or the rate for insurance on the Building, or on property kept therein, except such increases which are directly attributable only to the use of the Premises in accordance with Section 6.01,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. —105— GENERAL COMMITTEE — SEPTEMBER 19, 2006 -11- 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 —106— GENERAL COMMITTEE — SEPTEMBER 19, 2006 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 —107— "`GENERAL COMMITTEE — SEPTEMBER 19, 2006 -13- 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. 1: GENERAL COMMITTEE — SEPTEMBER 19, 2006 14- 13.02 Bankruptcy or Insolvency If the Term or any of the goods and chattels of the Tenant on the Premises at any time during the Term are seized or taken in execution or attachment by a creditor of the Tenant, or if the Tenant or a guarantor or indemnifier of this Lease makes an assignment for the benefit of creditors or a bulk sale from the Premises or if a receiver -manager is appointed to control the conduct of the business on or from the Premises, or if the Tenant becomes bankrupt or insolvent or takes the benefit of any act now or hereafter in force for bankrupt or insolvent debtors, or if any order is made for the winding -up of the Tenant, or if the Premises, without the prior written consent of the Landlord, are used by any other person than those entitled to use them under the terms of this lease, or if the Tenant, without the prior written consent of the Landlord, abandons the Premises, the then current month's rent and the next ensuing three (3) months' rent immediately will become due and payable as accelerated rent and the Landlord may re-enter and take possession of the Premises as though the Tenant or the servants of the Tenant or any other occupant of the Premises were holding over after the expiration of the Term and this Lease, at the option of the Landlord, shall forthwith become forfeited and determined. In every one of the cases above mentioned the accelerated rent will be recoverable by the Landlord in the same manner as the rents hereby reserved and as if rent were in arrears and the option will be considered to have been exercised if the Landlord or its agents give notice to that effect to the Tenant. 13.03 Rieht to Relet If the Landlord re-enters, as herein provided, it may either terminate this Lease or it may from time to time without terminating the obligations of the Tenant under this lease, make alterations and repairs considered by the Landlord necessary to facilitate a reletting, and relet the Premises or any part thereof as agent of the Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as the Landlord in its reasonable discretion considers advisable. Upon each reletting all rent and other money received by the Landlord from the reletting will be applied (a) to the payment of indebtedness other than rent due hereunder from the Tenant to the Landlord (b) to the payment of costs and expenses of the reletting including brokerage fees and solicitor's fees and costs of the alterations and repairs and (c) to the payment of rent due and unpaid hereunder. The residue, if any, will be held by the Landlord and applied in payment of future rent as it becomes due and payable. If the rent received from the reletting during a month is.less than the rent to be paid during that month by the Tenant, the Tenant will pay the deficiency to the Landlord. The deficiency shall be calculated and paid monthly. No re-entry by the Landlord shall be construed as an election on its part to terminate this lease unless notice of that intention is given to the Tenant. Despite a reletting without termination, the Landlord may elect at any time to terminate this Lease for a previous breach. 13.04 Remedies Cumulative The Landlord may from time to time resort to any or all of the rights and remedies available to it in the event of any default hereunder by the Tenant, either by any provision of this lease or by statute or the general law, all of which rights and remedies are intended to be cumulative and not alternative, and the express provisions hereunder as to certain rights and —109— GENERAL COMMITTEE — SEPTEMBER 19, 2006 -15- remedies are not to be interpreted as excluding any other or additional rights and remedies available to the Landlord by statute or the general law. 13.05 Waiver The waiver by the Landlord of a breach of a term, covenant or condition of this lease shall not be considered to be a waiver of a subsequent breach of the term, covenant or condition or another term, covenant or condition. The subsequent acceptance of rent by the Landlord will not be considered to be a waiver of a preceding breach by the Tenant of a term, 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, —110— GENERAL COMMITTEE — SEPTEMBER 19, 2006 -16- on the date of such delivery, or on the fifty business day following the day on which the notice is mailed, on the date received unless in either case such notice or communication is received as the case may be after 3:00 p.m. local time or on a day other than a Business Day (being Monday through Friday both inclusive except for statutory holidays in the Province of Ontario) in which case such notice or communication shall be deemed to be received on the next Business Day. Any such notice or communication shall be addressed to the parties hereto at their addresses set out below (or such other address for a party as may be designated by such party from time to time by notice): Landlord: The Corporation of the Town of Aurora 100 John West Way, P.O. Box 1000 Aurora, Ontario, L4G 6J1 Attention: Bob Panizza, Director of Corporate Services/Town Clerk Tenant: York Region Neighborhood Services Inc. 95 Allaura Boulevard Aurora, Ontario, . (2) Such notice or communication may also be mailed in Canada by prepaid registered mail addressed to the party at the above address or such other addresses designated by the party from time to time in which case it shall be deemed to have been delivered on the fourth Business Day after mailing. 15.04 Successors and Assigns This Lease shall enure to the benefit of and be binding upon the successors and assigns of the Landlord and the permitted successors and permitted assigns of the Tenant, as the case may be. 15.05 Waiver If the Landlord shall overlook or excuse any default by the Tenant of any obligation hereunder this shall not operate as a waiver of such obligation in respect of any continuing or subsequent default and no waiver shall be effective unless expressed in writing. The acceptance of Rent by the Landlord from the Tenant or any other entity will not be considered to be a waiver of a breach by the Tenant of its obligations hereunder regardless of the knowledge of the Landlord of the breach at the time of acceptance of the Rent. —111— GENERAL COMMITTEE — SEPTEMBER 19, 2006 -17- 15.06 Force Maieure If and to the extent that either the Landlord. or the Tenant shall bona f de be prevented, delayed or restricted in the fulfillment of any obligation hereunder other than the payment of rent or other moneys due because of any cause beyond the control of the party affected thereby which prevents the performance by such party of any obligation hereunder and not caused by its default and not avoidable by the exercise of reasonable effort including, without limitation, strikes, labour disturbances, civil disturbance, acts, orders, legislation, regulations or directives of any government or public authority, acts of a public enemy, war, riot, sabotage, earthquake, fire, storm, hurricane, flood, explosion or act of God, it shall be deemed not to be a default in the performance of such obligation and any period for the performance of such obligation shall be extended accordingly and the other party to this Lease shall not be entitled to compensation for any inconvenience, nuisance or discomfort thereby occasioned. 15.07 Status Statement The Tenant will at any time, and from time to time upon not less than twenty (20) days' prior notice, execute and deliver to the Landlord or as the Landlord may direct a statement in writing certifying that this lease is unmodified and in full force and effect (or if modified, stating the modification and stating that the same is in full force and effect as modified) the amount of the fixed minimum rent and any other amounts then being paid hereunder, the dates to which by instalment or otherwise such rent and amounts and other charges payable hereunder have been paid, the particulars and amounts of insurance policies on the Premises in which the interest of the Tenant is noted, whether or not there is any existing default on the part of the Landlord of which the Tenant has notice, whether or not there are any set -offs, defence or counterclaims against enforcement of the obligations to be performed by the Tenant under this lease and as to any other matter pertaining to this lease as to which the Landlord reasonably requests certification. It is agreed that any such statement delivered pursuant to the provisions of this section may be conclusively relied upon by any prospective purchaser or purchasers or any Mortgagee or prospective Mortgagee save as to any default on the part of the Landlord, of which the Tenant giving such statement does not have knowledge at the date thereof. 15.08 Subordination and Attornment (a) This Lease and the Tenant's rights hereunder are, and will at all times (provided the encumbrancer enters into a non -disturbance agreement with the Tenant which shall be provided without charge to the Tenant and shall be in form and content satisfactory to the Tenant acting reasonably) be, subordinate to all mortgages, trust deeds or the charge or lien resulting from, or any instruments of, any financing, refinancing or collateral financing (collectively, an "Encumbrance") and to any advances thereon and renewals or extensions thereof from time to time affecting the Premises or any part thereof and the Tenant will, upon receipt of the non -disturbance agreement and written request, execute and deliver, without charge, any document requested by the Landlord to confirm the foregoing. The Tenant will also, if requested, attorn to (i) the holder of any Encumbrance, or any representative, receiver or receiver -manager appointed or designated by such holder, and (ii) any purchaser, transferee or disposee of the Premises (or any part —112— 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 —113— GENERAL COMMITTEE — SEPTEMBER 19, 2006 -19- be at an end and terminated. The Tenant shall also have the right from time to time to surrender the Lease. 15.13 Amendment to be in 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 DLlw i 224Q-<f 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— All m m rn V) mmm r N V N V N m O LL 0 �' FR Ef3 4A !Pr �m m � N N 69 V3 bl N a r N m N o O 00 m m m O o 0 0 0 0 m O O N m m N W N c+l - O.O, o. 0 m V m M N h n M m m O O W V o O V m N.r L. m 0 �� N m.Ox m_ mNN ro N O N M r r r n cc:N ' m n N O.: t0 W � ^ N .n- c• W r .tlircj r (O .- .-- � N N V 'n C] N M � � cD r r N m fA 49 E9 VT fA FA f9 Y3 FA v3 U3 v3 Vi fH FA �. M 69 4i FA E.9 � 49 Hi dl V3 f!? E9 d3 VY V3 HT » :li _ . '" FA d} (q:FfJ M m m m IWI�� m V o O O m O N O m m m m V"m m m n o n ccOmi NON1 V d; o MO�NV �YJ� mON ' m M N ✓D ' N.o ., r Hf b4 e9 H3 FR f9 M (A EH (AN. f9 64 fR fA f9 fA £H ER M EA � �' FT? bT M :;f:-: fH 6i fA- .. M m W M W W V O o o•m o N o m W m m m m m - n b N"'.. N m N N m it1 M M So Ol M V rr ' �- �-N N M. E9 EA [R fA df M W � M V3 U! U3 fA b4 H! 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W. r r IV r cR v3 EA w u9 f9 M W Vl (R 1H 69 v3 s9 a9 fA t9 FR f9 t9 vi m (A' ER M w - '. �: i9 � �, m m mm o 0 60 n o,C-mO cc r N d' n n c m O O N V ow—n m m n O O m r' m 0 V d; r W r If] r ON V W V• N'Qj'0m:: m d' N r r w r r cf (V C .. f9 ' fR fR fR f9 m W W fA W YJ (fl FA f9 E9 tq f9 fA EA b9 di fA K1 EA m• W _.,.M,. V} f9, :. m m mM fnm O O O�m moNo M ' m m NM M m O M O O•. N 7 O W n m mm m n n O c Q'r m W -t - O. m' C .-- ' o N N ' R dN }} Oi M d' r r w '4- cl CV 0 . m w Nam 1�- ea fn va F» m u+ w ea » e� ids e3 v> » u3 vt w » vt F» sv vi w » w w '', •i+3' »v� "::.. p } p ' w NOMI 'bnN O Cm'1O a+N7eN-O �� W b4 n on V m m m W V <z O ' m �+-m r• O N H M •t,N m :. ryS(rm m'O�y d''. . 01 t�l K r r� . rN N 'N FA b3 H3 fA fA fR W Vi fA f9 bidi V3 (A fA VT f9 di V3 (A FfVA FM � VT W df Yf � Ni '.f ID m N m t C ch V r r w r N N M. N Y3 f9 b4 FA fA b9 fq d) ER d3 r M 4Y b! fR H! M M d3 H4 Vi tl ,fAl 6A Yi M FAiUT ..• . m Iz N T Q 9'• E ECi F= Fuv� UyyaS'� a crZ; H.� Nm m LL (L (0 m N m ty� 0 a a° yE W W fn cn NZ mH N d FCL2. F(L Q� l L fn N QO: J N o o O 0 Imp O'm, ONm O'mfi 000 0 -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 y O 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.