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Agenda - General Committee - 20090602GENERAL COMMITTEE AGENDA NO.09-18 TUESDAY, JUNE 2, 2009 7:00 P.M. COUNCIL CHAMBERS AURORA TOWN HALL PUBLIC RELEASE May 29, 2009 AURORA TOWN OF AURORA GENERAL COMMITTEE MEETING AGENDA NO. 09-18 Tuesday, June 2, 2009 7:00 p.m. Council Chambers Councillor Gallo in the Chair I DECLARATIONS OF PECUNIARY INTEREST Il APPROVAL OF AGENDA RECOMMENDED: THAT the agenda as circulated by the Corporate Services Department be approved. III ADOPTION OF PREVIOUS MINUTES General Committee Meeting Minutes 09-17 - May 19, 2009 pg. 1 RECOMMENDED: THAT the General Committee Meeting minutes of May 19, 2009 be adopted. IV DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION V ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION General Committee Agenda Tuesday, June 2, 2009 Page 2 of 4 Vl DELEGATIONS (a) Mr. Klaus Wehrenberg pg. 14 Re: Proposed Traffic Advisory Committee Vll PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE Vlll CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION IX NEW BUSINESS/GENERAL INFORMATION— COUNCILLORS X CLOSED SESSION RECOMMENDED: THAT General Committee resolve into a Closed Session to consider: • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board XI ADJOURNMENT General Committee Agenda Tuesday, June 2, 2009 Page 3 of 4 AGENDA ITEMS 1. LSAC09-05— Leisure Service Advisory Committee Meeting Minutes pg. 22 May 21, 2009 RECOMMENDED: THAT the Leisure Services Advisory Committee Meeting minutes from the May 21, 2009 meeting be received and the recommendations contained therein be approved. 2. PL09-039 — Development Applications Approvals Process (DAAP) pg. 34 User Fee Review and Amendment to Planning Application Fees By-law RECOMMENDED: THAT planning application fees for the Planning and Development Services Department be increased to achieve full cost recovery in the manner set out in this report; and THAT an amending by-law to prescribe fees for the processing of planning applications be enacted by Council reflecting the revised attached fee by- law. 3. PL09-049 — Application to Amend the Zoning By-law pg. 48 2167030 Ontario Limited (formerly Petratos) 100 Old Yonge Street File D14-16-06 Related Consent File D10-(04-05)-08 RECOMMENDED: THAT report PL09-049 be received as information; and THAT servicing allocation for two (2) residential infill building lots be provided to the subject application from the Core Area Infill assignment; and THAT, upon execution of the Simplified Development Agreement by the owner, the Zoning By-law Amendment for 2167030 Ontario Limited (formerly Petratos), file D14-16-06 be approved by Council. General Committee Agenda Tuesday, June 2, 2009 Page 4of4 4. LS09-027 — Pool Allocation Policy pg. 66 RECOMMENDED: THAT Council provide direction with regard to amendments to the draft Pool Allocation Policy, as recommended by the Leisure Services Advisory Committee (LSAC) on April 16, 2009. 5. LS09-014 — Board Advertising Aurora Community Centre pg. 88 Arena #1 RECOMMENDED: THAT Council approve the execution of the attached amended agreement for the Aurora Tigers Junior "A" Hockey Club Incorporated (Tigers) rights to sell advertising space on the boards at the Aurora Community Centre Arena #1. 6. C.S09-009 — Private Property Parking Enforcement pg. 99 RECOMMENDED: THAT Council receive report CS09-009 for information and provide direction to staff on its preferred option as outlined in the report. 7. Memorandum from the Director of Public Works pg. 105 Re: Pedestrian Crossing of the GO Rail at Cousins Drive Memo 05-09 RECOMMENDED: THAT Capital Project 34512, Pedestrian Rail Crossing at Cousins Drive, be cancelled and removed from the 2009 plan due to funding not being made available through external sources, including the York Region District School Board. GENERA' ..� MITTEE AGENDA - JUNE 2, 2009 AuRDRN .Ynco're.iwgnoaGCoNt . RESOLUTION FORM GENERAL: COMMITTEE MEETING - JUNE 2; 2009 ITEM - GENERAL COMMITTEE MINUTES OF MAY 19, 2009 Moved By Seconded By Resolution: HI ADOPTION.OF PREVIOUS MINUTES General Committee Meeting Minutes 09-17 - May 19, 2009 RECOMMENDED: THAT the General Committee Meeting minutes of May 19, 2009 be adopted. Proposed Resolution/Amendment (if applicable): CARRIED DEFEATED GENERAL COMMITTEE AGENDA - JUNE 21 2009 .2- GENERAL COMMITTEE AGENDA - JUNE 2, 2009 AurzoRA . TOWN OF AURORA GENERAL COMMITTEE MEETING MINUTES NO, -09-17 Council Chambers Aurora Town Hall Tuesday, May 19; 2009 MINUTES ATTENDANCE COMMITTEE MEMBERS Councillor Wilson in the Chair, Councillors Buck (arrived at 7:18 p.m'.),' Collins-Mrakas,. Gaertner, Gallo, Granger, MacEachern,(arrived at 9:18 p.m.), McRoberts, and Mayor Morris MEMBERS ABSENT None OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Building, Director of Leisure Services, Director of Planning, Director of Public Works, Director of Financial Services/ Treasurer, Town Solicitor and Council/Committee Secretary Councillor Wilson called the meeting to order at 7:04 lam. DECLARATIONS OF PECUNIARY INTEREST Councillor MacEachern declared an interest in item 20, due to a contract between her employer and a named company, and did not take part in, or vote on any questions in this regard or attempt in -any way to influence the voting on such questions. Councillor Collins-Mrakas declared an interest in Added Item 6, due to a family member having a contractual relationship, and did not take part in, or vote on any questions in this regard or attempt in any way to. influence the voting on such questions. 11 APPROVAL OF AGENDA General Committee recommends: THAT the agenda as circulated by the Corporate Services Department, with the following additional items, be approved: New Delegation (d) - Mr. Eric McCartney Re: Item 11 — PW09-033 — Cancellation of the Construction of Sidewalk on Old Yonge Street ➢ New Item 25 - Memorandum from Director of Leisure Services Re: Back-up Generator for Town Hall ➢ New Item 26 - Memorandum from Director of Finance & Treasurer Re: Dream Team Funding Question CARRIED -3- -GENERAL COMMITTEE AGENDA - JUNE 2, 2009 General Committee Meeting Minutes Tuesday; May 19, 2009 Page 2 of 11 'Ill ADOPTION OF PREVIOUS MINUTES General Committee Meeting Minutes — May 5, 2009 General Committee recommends: THAT the General Committee Meeting minutes of May 5, 2009 be adopted. CARRIED IV DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 5, 11, 17, 20, 22, 23, 24, 25 and 26 were identified for discussion. V ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION General Committee recommends: THAT the followingrecommendations respecting the matters listed as "Items not Requiring Separate Discussion" be adopted as submitted to the General Committee and staff be authorized to take all necessary action required to give effect to same: 1. AAC09-05 - Accessibility Advisory Committee Meeting Minutes April. 29, 2009 THAT the Accessibility Advisory Committee Meeting minutes from the April 29, 2009 meeting bereceived and the recommendations contained therein be approved. 2. EAC09.05 - Environmental Advisory Committee Meeting Minutes May 7, 2009 THAT the Environmental Advisory. Committee Meeting minutes from the May 7, 2009 meeting be received and the recommendations contained therein be approved. 3. HAC09-04 — Heritage Advisory Committee Meeting Minutes May 11, 2009 THAT the Heritage Advisory Committee Meeting minutes from,the May 11, 2009 meeting be received and the recommendations contained therein be approved. 4, YWCS09.01 —Yonge Wellington Corridor Study Steering Committee Minutes —April 20, 2009 THAT the Yonge Wellington Corridor Study Steering Committee Meeting minutes from the April 20, , 2009 meeting be received and the recommendations contained therein be approved. -4- GENERAL COMMITTEE AGENDA - JUNE 25 2009 General Committee Meeting Minutes Tuesday, May 19, 2009 Page 3 of 11 6. FS09-023—Community Foundations.and Cultural & Community Grants Programs THAT the proposed working arrangement for the provision of assistance for community soccer participants from York . Region Community Foundation be declined; and THAT the existing processes and criteria for the Arts and Culture Grants program be continued for 2009, with the modification that, following consultation with the donors of the program, the Mayor and staff have full autonomy from the donors in preparing grant recommendations for Council; and THAT the existing processes and criteria for the Community Grants program, be continued for 2009; and THAT staff from Leisure Services and Finance Departments develop a proposed unified program of community and cultural grants, including details with respect to funding, eligibility criteria, application, evaluation and granting processes, and report to General Committee in the fall 2009. 7. FS09.024 — 2009 Property Tax Ratios and Tax Rates THAT the property tax rates for the 2009 taxation year for the Town of Aurora be approved as set out in Attachment #1 to report FS09-024., summarized as follows: Broad Property Class Tax Rate Residential/Farm 0-00364859 Multi -residential 0,00364869 Commercial 0.00440385 Industrial 0.00501207 Pipeline 0.00335305 Farmland 0-00091215 Managed.Forest 0.00091215 THAT By-law 5139-09 establishing the 2009 Property Tax Rates for the Town of Aurora be approved at .the Council Meeting scheduled for May 26, 2009. 8. PW09-028 - Increase Contract Value of Bid PW2009-06 for the Supply of Street Sweepers THAT Council increase the value of the contract with A&G The Road Cleaners Ltd from $33,000 to a revised limit of $46,000 (exclusive of GST) for..the supply and operation of four or more contracted street sweepers; and THAT this increase be approved to take advantage of the bid unit price_ of $75.00 per hour to provide required street sweeping services.for 2009- -5- GENERAL COMMITTEE AGENDA - JUNE 25 2009 General Committee Meeting Minutes Tuesday, May 19, 2009 Page 4 of 11 9. . PW09-029 - Award of Bid PW2009-17 — For the Supply and Delivery of Street and Regulatory Traffic Signs THAT Tender PW2009-06 - Supply and Delivery of Street and Regulatory . Traffic Signs be awarded to Maximum Signs at the tendered unit price to an upset limit of $30,000.00 plus GST per year for three. years; and THAT Council authorize the Mayor and Clerk to execute the Form of Agreement between the Town of Aurora and the successful bidder. 10. PW09-030 - Extension of Maintenance Hole Rehabilitation Contract PW2007-91 THAT Bid No. PW2007 91 for Adjusting Existing Manhole Frame and Covers and Installing Self Levelling Maintenance Cover Systems as awarded to V.M: DiMonte be extended for the optional one-year period as provided in the contract at its original bid unit price, to a total upset value of $63,863 plus GST. 12, PWO-034 — Minto Communities Inc. — Agreement to Construct ,.a Retaining Wall THAT the Mayor and Clerk be authorized to execute an Agreement with Minto Communities Inc. respecting the master grading plan and the construction of the retaining wall on the rear side portion of Lot 20 inclusive on Plan 65M-3678. 13. P1.09-046 —Application for Site Plan Approval Trent! Estates Inc. Block 182, Plan 65M-3658 and Block 147, Plan 65M-3678 Town of Aurora, Regional Municipality of York 9 Borealis Avenue File D11-04-09 THAT, subject to any issues or comments raised by Council, Site Plan Application D11-04-09 be approved to permit the. construction of a one, storey commercial building approximately 1152.5m2 (12,395 sq. ft.) in size; and THAT Council authorize the Mayor and Clerk to execute 'a Site Plan Agreement. 14. PL09-045 — Application to Amend the.Zoning By-law Hollidge Properties Inc. 108-224 Hollidge Boulevard Part of Btock'1, Registered Plan 6SM-3074 File D14-02-09 THAT Council receive.as information the following overview of Zoning By-. law Amendment Application D14-02-09, scheduled for a Public Planning Meeting to be held on June 24, 2009. .g- GENERAL COMMITTEE AGENDA - JUNE 2, 2009 General Committee Meeting Minutes Tuesday, May 19, 2009 Page 6 of 11 15, PL09-047 - Application to Amend the Zoning By-law Richardson House Developments Inc. (Bellwood Health and Wellness Centre) 14986 Leslie Street Part of Lot 19, Concession 3, E.Y.S No 1314.01.09 THAT Council receive as information the following overview of Zoning By- law Amendment Application D14-01-09 scheduled for a Public Planning Meeting to be held on June 24, 2009. 16. CS09-008 — Council Pending List THAT report CS09-008 be received for information purposes. 18. CS09-007 - Newspaper Box Corrals and Waste Receptacles THAT Council direct staff to postpone the acquisition and installation of waste receptacles and newspaper box corrals on Town streets pending the review of street furniture as part of The Yonge and Wellington Corridor Study. 19: CS09-005 — Pesticide Act and Ontario Regulation 63/09 THAT staff promote the Province's education and awareness strategy for residents and industry stakeholders about the changes to the Pesticides Act and the new Ontario Regulation 63/09 on the. sale, distribution and application of pesticides for cosmetic purposes. THAT Pesticide By-law 5033-08.P, made inoperative by Section 7.1 (5) of the Pesticides Act, not be repealed for a one year period :pending the outcome of any court challenges to the,new provisions of the Pesticides Act and/or Ontario Regulation 63109., 2.1. ADM09-007 — Offer to Purchase from Chak Wai Chang (In Trust) Part of Lot 21, Con. 2, Part 2, 65R-2640 15286 Leslie Street THAT the Offer. to Purchase Agreement be accepted and that staff be authorized to take all necessary steps to give effect to the same; and THAT Council enact, at the next available Council meeting, By-law 5141- 09 to declare as surplus and sell the lands municipally known as 15286 Leslie Street, Aurora - CARRIED - 7- GENERAL. COMMITTEE AGENDA - JUNE 2, 2009 General Committee Meeting Minutes Tuesday, May 19, 2009 Page 6 of 11, Councillor Collins-Mrakas, having previously declared an interest in Delegation (a), did not take part in or vote on any questions in this regard or attempt in any way to influence the voting on such questions. VI DELEGATIONS (a) Ms Lyn Townsend, Townsend, Rogers LLP Re: Item 22 - FS09-028 — Development Charges Draft By-law — Update Report Ms Townsend addressed General Committee to indicate that further discussions between her client and the Town should take place, and that a meeting has been scheduled for Thursday, May 21, 2009 for this purpose. General Committee recommends: THAT the comments of the delegate be received and referred to item 22 on the.agenda. CARRIED General Committee recommends: THAT item 22 be brought forward for discussion.. CARRIED 22. FS09-028 — Development Charges Draft By-law— Update Report General Committee recommends: THAT the Development Charges Background Study report; as presented at a Special Meeting of Council held May 6, 2009, be amended by the replacement of Appendix B.3 with the revised schedules as set out in this report, and that the amended Background Study be.adopted by Council and: a) THAT Council hereby indicates that it intends to ensure that the increase in the need for services attributable to the anticipated development will be met, subject to sufficient development charge revenues being generated and other Town affordability criteria being met, and b) THAT Council hereby indicates its intent that the future excess capacity identified in the Study shall be paid for by the development charges or other similar charges; and c) THAT Council hereby adopts the capital forecasts prepared in conjunction with the Development Charges Background Study for the Town of Aurora dated April 2009 for that purpose, subject to each project or undertaking set out therein being subject to annual operating and capital budget approval processes of the corporation; and d) THAT Council hereby determines that no further public meetings are required under Section 12 of the Act; and THAT the transitional provisions proposed in staff report FS09-028 be incorporated into the draft development charges by-law prior to adoption; and GENERAL COMMITTEE AGENDA - JUNE 2, 2009 General Committee Meeting Minutes Tuesday, May 19,'2009 Page 7 of 11 THAT the treatment of small townhouse units as discussed in staff report' FS09-028 be incorporated into the draft development charges by-law prior to adoption; and THAT the revised draft By-law #5139-09, being a By-law for the imposition of development charges be adopted to be effective June 8, 2009, and that By-law 4533-041 be repealed on that same date; and THAT, pending the outcome of the meeting on May 21, 2009 between the Director of Finance, the delegate and her client, staff be directed to make any changes to the draft Development Charges By-law and report back to Council.. CARRIED (b) Mr. Rolf Kaartinen - NORR Architects Ms Suganth6Kathiravelu-Lem — GO Tra nsit . P Re: 'Item 5 .L09-043 Application for Site Plan Review, GO Transit Parking Garage =145 Wellington Street East Mr. Rolf Kaartinen addressed General Committee to provide an update on the progress and design of the GO Transit parking garage on Wellington Street East. Mr. Kaartinen advised that the,parking garage will have 866 spaces on 5 levels, with an entrance to the first level from Wellington Street East and an entrance to the third level from the rear of the parking garage. Mr. Kaartinen also indicated that the completion date is scheduled for December 2009. Ms Suganthi Kathiravelu-Lem addressed General Committee to advise that the property at 92 Berczy Street *has been. leased:for 18 months in order to accommodate overflow parking, and that negotiations are underway to either lease or purchase further property. General Committee recommends THAT the comments of the delegate be received and referred to item 5 on the agenda. CARRIED General Committee recommends: THAT item 5 be brought forward for discussion. CARRIED 5. PL09-043 — Application for Site Plan Review GO Transit, Parking. Garage 145 Wellington Street East Fite D11-07-09 General Committee recommends. THAT report P1_09-043 be received as information, and THAT technical site servicing and grading related concerns, identified by the Public Works Department, be resolved through the re -submission process; and -9- GENERAL COMMITTEE AGENDA - JUNE 21 2009 General Committee, Meeting Minutes Tuesday; May 19, 2009 Page 8 of 11 THAT a revised landscaping plan be submitted to the satisfaction of the Leisure Services Department; and THAT a conceptual plan he submitted to include the proposed bus turn -around, vehicle parking design and pedestrian movement plan for the 3 Ross Street property once it is purchased. CARRIED (c). Mr. Dan Revington Re: Item 24 — Correspondence regarding Wells Street Public School Rally and Parade - Request to Waive Fee Mr. Dan Revington addressed General Committee to request that the road closure fee be waived for the Wells Street Public School Rally and Parade, scheduled for 6:30 p.m. on Monday, June 15, 2009. As well, Mr. Revington ` requested that the permit be issued as soon as possible. General Committee recommends: THAT the comments of the delegate be received and referred to item 24 on the agenda, and that item 24 be brought forward for discussion. CARRIED 24.. Correspondence from Mr. Dan Revington Re: Wells Street Public School Rally and Parade - Request to Waive Fee General Committee recommends: THAT the $300 road closure fee be waived for the Wells Street Public School Rally and Parade; and THAT staff be directed to issue the. permit as soon as possible. CARRIED (d) Mr. Eric McCartney Re: Item 11 — PW09-033 — Cancellation of the Construction of Sidewalk on Old Yonge Street (Added Item) Mr. Eric McCartney addressed General Committee to request a continuation of the sidewalk on Old Yonge Street from just north of 196 Old Yonge Street running north to St. John's Sideroad, in the interest of safety for residents. General Committee recommends: THAT the comments of the delegate. be receivedand referred to item 11 on the agenda and that item 11 be brought forward for discussion. CARRIED -10- . GENERAL COMMITTEE AGENDA - JUNE 2r 2009 General Committee Meeting Minutes Tuesday, May 19, 2009 Page 9 of 11 11. PW09-033 -- Cancellation of the Construction of Sidewalk on Old Yonge Street General Committee recommends: THAT, where possible, a sidewalk be constructed on the east side of Old Yonge Street, only if it conforms to the Town's current safety standards. CARRIED V11 PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE None Vlll CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 17. L609-019-Aquafitness Program General Committee recommends: THAT Council receive this report for information purposes. CARRIED Councillor MacEachern, having previously declared an interest in item 20, did not take part in or vote on any questions in this Tegard or attempt in any to influence the voting on such questions. 20. LS097021 — Back -Up Generator for Town Hall and 25. Memorandum from Director of Leisure Services Re: Back-up Generator for Town Hall (Added Item) General Committee recommends: THAT Council approve awarding RFP 2008-74 for the supply of a diesel back-up generator for Town Hall to Total Power Limited in the amount of $98,600.00; and THAT Council approve the additional funding of $8,600.00 to be allocated from the Municipal Capital Fund: DEFEATED . General Committee recommends: THAT the matter pertaining to the back-up generator for Town Half be referred to the Chief Administrative Officer. CARRIED GENERAL COMMITTEE AGENDA•- JUNE 21 2009 General Committee Meeting Minutes Tuesday, May 19, 2009 Page 10 of 11 23. Correspondence from Mr. Brent MacKinnon, York Region Youth Mental Health Working Group & York Region TAMI Coalition (Tabled by Mayor Morris) General Committee recommends.: THAT the correspondence be referred to staff for a memo outlining the costs that would be waived and a comparison to last year's costs. CARRIED General Committee recommends: THAT the meeting be extended to 10:45 p.m. CARRIED 26. Memorandum from Director of Finance & Treasurer Re: Dream Team Funding Question Generaf.Committee recommends: . THAT the memorandum be received for information. CARRIED IX NEW BUSINESS/GENERAL INFORMATION— COUNCILLORS Councillor Buck provided Notice of Motion pertaining to the. review of the operations, membership and terms of reference of advisory committees. - X CLOSED SESSION General Committee.recommends: THAT General Committee resolve into a Closed Session to consider: ➢ personal matters about an identifiable individual, including municipal or local board employees; and aproposed or pending acquisition or disposition of land for municipal or local board CARRIED The committee recessed at 10:55 p.m. The. committee reconvened at 11:59 p.m. General Committee recommends: THAT, with respect to staff report ADM09-005, the Town proceed with the sale of the Town owned lands municipality known as 95 Allaura Boulevard as is; and -12- GENERAL COMMITTEE AGENDA - JUNE 21 2009 General Committee Meeting Minutes Tuesday, May 19, 2009 Page 11 of 11 THAT staff pursue securing an easement through the environmental lands for future trail/walkway; and THAT the Town enter into a listing agreement with Cushman & Wakefield LePage Inc. with respect to the Town -owned lands municipality known as 95 Allaura Boulevard for the list price of $1.15 million; and THAT 95 Allaura Boulevard be removed from the list of properties of interest. CARRIED XI ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 12:01 a.m. CARRIED THE REPORT OF THE GENERAL COMMITTEE MEETING 09-17 WAS CONSIDERED AND APPROVED BY COUNCIL AT ITS MEETING HELD ON TUESDAY, MAY 26, 2009, WITH THE EXCEPTION OF ITEM 16, WHICH WAS DISCUSSED AND APPROVED AS AMENDED AND ITEMS 20 AND 22, WHICH WERE 'DISCUSSED AND APPROVED AS ORIGINALLY PRESENTED. i 1 PHYLLIS M. MORRIS, MAYOR LUCILLE KING, TOWN CLERK -13- GENE 4 ITTEE AGENDA = JUNE 2, 2009 w )'au'r� i�v good Catttfstty�r RESOLUTION FORM GENERAL COMMITTEE MEETING - JUNE 29 200.9 ITEM - DELEGATION.(A) Moved By Seconded By Resolution: VI DELEGATIONS (a) Mr. Klaus Wehrenberg Re: Proposed Traffic Advisory Committee RECOMMENDED: THAT the comments of the delegate be received for information. Proposed ResolutionlAmendment (if applicable): CARRIED DEFEATED -14- GENERAL COMMITTEE AGENDA - JUNE 25 2009 - 95 - GENERAL COMMITTEE AGENDA - JUNE 2, 2009 DELEGATIONS r n ood 71_ GENERAL COMMITTEE AGENDA - JUNE 25 2009 /�%/�/l �✓� 02 Cod /%! %% %S 70 "A/ ✓�� . p//Y ;WF FFic ,rwo,: / Y V/:roomy �1)Y/"lao< y CoM1 i i %,SCE 4e� c oU/�1 rC%�a A T�411-.s' � Al y INI 7 !�?iiVE_ ;F/ w Af 71S�14q %/TIc-( /n/o/c�T j z- evz; e, ?07h / IMI T i EIS t�i�� f OM4- : <: coI %IVW - 0EA101V%G1/i9'i 4X ll 72MA—Flc , Vo f Colil ,:,- i T�9T �-rcl�{ iTT --.._ "Is'��o; �� 4 c`3 cry CoMr�/%iT ESYr1CitZix . Jij / Icr lN�✓tiT r` %✓2r9/L1 /o 7�G�%� � NFTG✓aiC'C Io WS6n-11, %a/ /God %�' FogclCJ Z0 /f �S 7o— Off` 74lE �� / ��u�Ti ✓� T.� I�Gic �'e�� i/�v; �`/S GENERAL COMMITTEE AGENDA - JUNE 25 2009 G3 /rV ✓�.0 /%ram 7N'��1 rrr�C,TGi= %� . �9L��/r1 /iS T %ivy i r yi ic1� r'r�cif . 4s 7-5 /Z�aC %Goo�%CS a/l ! 7;54�=/R `� G1SE �i i �rN } T/ 6;!7 1'9CTM+ A? 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W //Y 77 %�rv'r Coiliir ri,�r s 4Ei G!/�f✓`j ��IAI� r - %✓b ✓��ycn�i�4� i�1r��S�/ "�+� 7—✓� r?/� �i C �E✓V �- �✓3LL � �r V� O� TiSL� /ICZ' /V =— /'lGT�'i�� %�✓?�iC. lit: pf}7i�/�1F1 a A- / 1W FOA914-( CIF /rR4-foc/Zr /1V61.o0vA< /�'- l/l�/'.0 i7/-�Q%Fly'' 'fS" /�� .✓-�.� 7�/f�' ��%.("/i/eE'� -20- GENERAL COMMITTEE AGENDA - JUNE12,, 2009 Cam' G'�I�r r✓�iN iN �!1 f�/,'llC%L `tip v Ll � �� `. �F�� ,��'✓� Ci,'% � v i7WA G-FiC . -21. GENERA ITTEE AGENDA - JUNE 2, 2009 AuitoizA .Yard-e iw good cnirt�arry RESOLUTION FORM GENERAL COMMITTEE MEETING - JUNE 2, 2009 ITEM #1 Moved By Seconded By Resolution: 1. LSAC09-05— Leisure Service Advisory Committee Meeting Minutes May 21, 2009 RECOMMENDED: THAT the Leisure Services Advisory Committee Meeting minutes from the May 21, 2009 meeting be received and the recommendations contained therein be approved. Proposed Resolution/Amendment (if applicable): CARRIED DEFEATED -22- GENERAL COMMITTEE AGENDA JUNE 25 2009 -23- GENERAL COMMITTEE AGENDA - JUNE 21 2009 ITEM #1 TOWN OF AURORA A6 ORA GENERAL COMMITTEE No. LSAC09-05 SUBJECT: Leisure Services Advisory Committee - Recommendation Summary from May 21, 2009 FROM: Leisure Services Advisory Committee . DATE`. June 2, 2009 RECOMMENDATIONS ADOPTION OF MINUTES THAT the Leisure Services Advisory Committee Minutes No. 09-04 dated Thursday, April 16, 2009 be adopted. DELEGATIONS (a) Ms Shelley Ware, Special Events Coordinator Re: The Haunted Forest THAT the presentation by Ms Shelley Ware, Special Events Coordinator,regarding the Haunted Forest be received for information; and THAT it be recommended to Council that the Leisure Services Department be requested to work with the Public Works Department to come up with potential means of getting, pedestrians safely from the new GO Transit Parking Lot to Sheppard's Bush at the Mary Street entrance; and THAT no non -service vehicles be permitted in the Mary Street Parking Lot for The Haunted Forest event; and THAT Mary Street be closed from Industrial Parkway South to ,Industry Street for this event; and THAT Staff be requested to provide accommodations. and opportunities to assist those attendees with special needs and to comply with accessibility standards. 24 - GENERAL COMMITTEE AGENDA - JUNE 2, 2009 June 2, 2009 - 2 - Report No. LSAC09-05 MATTERS ARISING FROM PREVIOUS MINUTES 1. LS09-025 - Pricing Policy THAT further to the recommendation made at the March 23, 2009 Leisure Services Committee meeting regarding this matter it be recommended to Council that the comparative of area municipalities' light fee charges as identified in Staff ReportLS09-025 be used; and. THAT, in consideration of recoveryof the costs of providing fighting to sports fields, the fee per hour be adjusted by a weighting factor to reflect the percentage of permitted hours for operation under lights; and THAT the cost recovery be phased in over a five-year period. MATTERS FOR CONSIDERATION 2. LS09-020 — Benville Trail Connection THAT it be recommended to Council that the Leisure Services Advisory Committee approve the construction' of the Benville Trail Connection; and THAT the Trail be constructed during the 2009 operating year in the location originally contemplated by staff and subsequently endorsed by the Trails Sub -Committee.. 3.' Resignation of LSAC Committee Member, Carol Walthers THAT the correspondence from Carol Walthers dated May 8, 2009 be received for information: and THAT it be recommended to Council that staff be requested to contact Sport Aurora to appoint a replacement for Ms Carol Walthers;. and THAT a letter of thanks be forwarded to Ms Carol Walthers on behalf of the Leisure Services Advisory Committee to express appreciation to Ms Walthers for her contributions to the work. of the Committee during her.time. served as a Leisure Services Advisory Committee member. 4. Leisure Services Advisory Committee Pending List THAT the Leisure Services Advisory Committee Pending List be received and the following items be updated: -25- GENERAL COMMITTEE AGENDA - JUNE 2, 2009 June 2, 2009 - 3 - Item #LSAC32— Remove; Item #LSAC38— Remove; Item #LSAC59— Remove; Item #LSAC62— Remove; Item #LSAC63— Remove; item #LSAC75 — Remove; Item #LSAC77— Remove; Item #LSAC78— Remove. No.1SAC09-05 6: Extract from General Committee Meeting No. 09-16 Held on Tuesday, May 5, 2009 Adopted at Council on Tuesday, May 12, 2009 Re: LSAC09-04 — Leisure Services Advisory Committee Meeting Minutes, April 16, 2009 THAT the Extract from General Committee Meeting No. 09-16 held on Tuesday; May 5, 2009, adopted at Council on Tuesday, May, 12, 2009 Re: LSAC09-04 — Leisure Services Advisory Committee Minutes, April 16, 2009 be received. 6. E-Mail from Councillor MacEachern Re: Leash Free Park THAT it be recommended to Council that the following improvements be made to the Leash Free Park: ➢ A "second fence' area be erected to provide a safety feature forthe dogs that are off -leash; and ➢ Trees be planted on the perimeter of the park to improve the setting for the park users with input from the Aurora Community Arboretum; and ➢ Extra wood chips be placed in the park to absorb some of the mud in order to improve the experience; and Two benches be installed for the. park users. -26- GENERAL COMMITTEE AGENDA - JUNE 2, 2009 June 2, 2009 - 4 Report No. LSAC09-05 l ATTACHMENTS Attachment #1 — Leisure Services Advisory Committee Minutes of .May 21, 2009 . Prepared by: Carol Clark, Council/Committee Secretary, ext. 4227. Carol Clark - Council/Committee Secretary On behalf of the Leisure Services Advisory Committee -27 GENERAL COMMITTEE AGENDA - JUNE 2, 200k AuRgoRA COMMITTEE MINUTES MEETING NO, 09-05 Committee: Leisure Services Advisory Committee Date; Thursday, May 21, 2009 I Time and Location: 7:00 p.m., Leksand Room Committee Members: Councillor Evelina MacEachern,. Chair, Councillor Granger, Vice -Chair; Councillor McRoberts (arrived 8:15 p.m.), John Clement, Jag Parhar and Kenneth Whitehurst Absent: Michael Levesque and Judy Norwell Other Attendees: Al Downey,, Director of Leisure Services, Elma Stevenson, Committee Secretary and Shelley Ware, Special Events Coordinator The Chair called the meeting to order,.at 7:20 p.m. DECLARATIONS OF INTEREST There were no declarations of interest under the Municipal Conflict of Interest Act, APPROVAL OF AGENDA Moved by John Clement Seconded by Councillor Granger THAT the agenda with the following additional items be approved: ➢ Added Item 5 — Extract from General Committee Meeting No. 09-16 held on Tuesday, May 5, 2009 adopted at Council on Tuesday, May 12, 2009 Re:. LSAC09-04 — Leisure Services Advisory Committee, Meeting Minutes, April 16, 2009; and ➢ Added Item 6 - E-mail from Councillor MacEachern Re: Leash Free Park. CARRIED -28- GENERAL COMMITTEE AGENDA - JUNE 2, 2009 Leisure Services Advisory Committee Record No. 09-05 Thursday, May 21, 2009 Page 2 of 6 ADOPTION OF MINUTES Moved by Jag Parhar Seconded by John Clement THAT the Leisure Services Advisory Committee Minutes No. 09-04 dated Thursday, April 16, 2009 be adopted. CARRIED DELEGATION (a) Ms Shelley Ware, Special Events Coordinator Re: The Haunted Forest Ms. Shelley Ware, Special Events Coordinator made a presentation as a follow- up to her presentation made at the April 16, 2009 Leisure Services. Advisory Committee meeting regarding The Haunted Forest event. Ms Ware responded to concerns that had.been raised by Committee at that time relating to the use of the Sheppard House, parking issues and the possibility, of approaching GO transit as a parking alternative for this event. Moved by John Clement Seconded by Councillor Granger THAT the presentation by Ms Shelley Ware, Special Events Coordinator regarding the Haunted Forest be received for information; and THAT it be recommended to Council that the Leisure Services Department be requested to work with,the Public Works Department to come up with potential means of getting pedestrians safely from the new GO Transit Parking Lot to Sheppard's Bush at. the Mary Street entrance; and THAT no non -service vehicles be permitted in the Mary Street Parking Lot for The Haunted Forest event; and THAT Mary Street be closed from Industrial Parkway South to Industry Street for this event; and THAT Staff be requested to:provide accommodations and opportunities to. assist those attendees with special needs and to comply with accessibility standards. CARRIED - 29 - GENERAL COMMITTEE AGENDA - JUNE 2, 2009 .Leisure Services Advisory Committee. Record No. 09-05 Thursday, May 21, 2009 Page 3 of 6 MATTERS ARISING FROM PREVIOUS MINUTES 1. L.S09-025 - Pricing Policy Moved by John Clement Seconded by Councillor Granger THAT further to the recommendation made at the March 23, 2009 Leisure Services Committee meeting regarding this matter it be recommended to Council that the comparative of area municipalities' light fee charges as identified in Staff Report LS09-025 be used; and THAT, in consideration of recovery of the costs of providing lighting to sports fields, the fee per hour be adjusted by a, weighting factor to reflect the percentage of permitted hours for operation under lights; and THAT the. cost recovery be phased in over a five-year period. CARRIED MATTERS FOR CONSIDERATION 2. LS09-020 — Benville Trail Connection Moved by Jag Parhar Seconded by Councillor McRoberts THAT it be recommended to Council that the Leisure Services Advisory Committee approve the construction of the. Benvilfe Trail Connection; and THAT the Trail be constructed during the 2009 operating year in the location originally contemplated by staff and subsequently endorsed by the Trails Sub -Committee. . CARRIED 30 - GENERAL COMMITTEE AGENDA - JUNE 25 2009 Leisure Services Advisory Committee Record No. 09-05 Thursday, May21, 2009 Page 4 of & INFORMATIONAL ITEMS 3. Resignation of LSAC Committee Member, Carol Walthers Moved by Councillor Granger Seconded by Councillor McRoberts THAT the correspondence from Carol Walthers dated May 8, 2009 be received for information; and THAT it be recommended to Council that staff be requested to contact Sport Aurora to appoint a replacement for Ms Carol Walthers; and THAT a letter of thanks be forwarded to Ms Carol Walthers on behalf of the Leisure Services Advisory Committee to express appreciation to Ms Walthers for her contributions to the work of the Committee during her time served as a Leisure Services Advisory Committee member. CARRIED Moved by Kenneth Whitehurst Seconded by Councillor McRoberts THAT the meeting be extended past 9:00 p.m. CARRIED 4. Leisure Services Advisory Committee Pending List . Moved by Jag Parhar Seconded by John Clement THAT the Leisure Services Advisory Committee Pending List be received and the following items be updated: Item #LSAC32 — Remove;. Item #LSAC38 — Remove; Item #LSAC59 = Remove; Item #LSAC62 — Remove; Item #LSAC63 — Remove; GENERAL COMMITTEE AGENDA - JUNE 25 2009 Leisure Services Advisory Committee Record No. 09-05 Thursday, May 21, 2009 Page 5 of 6 Item #LSAC75 — Remove; Item #LSAC77 — Remove; Item #LSAC78 . — Remove. CARRIED 5. Extract from General Committee Meeting No. 09-16 Held on Tuesday, May 5, 2009 Adopted at CouncilonTuesday, May 12, 2009 Re: LSAC09-04 — Leisure Services Advisory Committee Meeting Minutes, April 16, 2009 Moved by Kenneth Whitehurst Seconded by Councillor Granger THAT the Extract from General Committee Meeting No. 09-16 held on Tuesday, May 5, 2009, adopted at Council on.Tuesday, May 12, 2000 Re: LSAC09-04 - Leisure Services Advisory Committee Minutes, April 16, 2009 be received. CARRIED 6. E-Mail from Councillor MacEachern Re: Leash Free Park Moved by John Clement Seconded by Jag Parhar THAT it be. recommended to Council that the following improvements be . made to the Leash Free Park: ➢ A "second fence" area be erected to provide, a'safety feature for the dogs that are off -leash; and Trees be planted on the perimeter of the park to improve the setting for the park users with input from the Aurora Community Arboretum;. and ➢ Extra wood chips be placed in the park to absorb some of the mud in . order to improve the experience; and -32- GENERAL COMMITTEE AGENDA - JUNE 2, 2009 Leisure Services Advisory Committee Record No. 09-05 Thursday, May 21, 2909 Page 6 of 6 A Two benches be installed for the park users. CARRIED ADJOURNMENT Moved by Jag Parhar THAT the meeting be adjourned at 9:45 p.m. CARRIED ,eQaVCouncillor EVelina MacEachern, Chair. Leisure Services Advisory Committee GENER MITTEE AGENDA -JUNE 2, ,2009 uo •ytlNiY'E GdLCJDOLG GdNft3R,3L}/ . RESOLUTION FORM GENERAL COMMITTEE MEETING - JUNE 2, 2009 ITEM #2 Moved By Seconded By Resolution: 2. PL09-039 — Development Applications Approvals Process (DAAP) User Fee Review and Amendment to Planning Application Fees By-law RECOMMENDED: THAT planning application fees for the.Planning and Development Services Department be increased to achieve full cost recovery in the manner set out in this report; and THAT an amending by-law to prescribe fees for the processing of planning applications be enacted by Council reflecting the revised attached fee by-law. Proposed Resolution/Amendment (if.applicable): CARRIED DEFEATED -34- GENERAL COMMITTEE AGENDA - JUNE 2, 2009 -35- GENERAL'COMMITTEE AGENDA - JUNE 2, 2009 ITEM #2 TOWN OF AURORA AURORA GENERAL COMMITTEE No. PL09-039 SUBJECT: Development Applications Approvals Process (DAAP) User Fee Review and Amendment to Planning Application Fees By-law FROM: Marco Ramunno, Director of Planning and Development Services DATE: June 2, 2009 RECOMMENDATIONS THAT Planning Application Fees forthe Planning and Development Services Department be increased to achieve full cost recovery in the manner set out in this report; and, THAT an amending By-law to prescribe fees for the processing of planning applications be enacted by Council reflecting the revised attached fee by-law. PURPOSE OF THE REPORT The purpose of this report is to provide Council with the findings of the Development Applications Approvals Process (DAAP) User Fee review and how it relates to the proposed increases to planning application fees to achieve full cost recovery. BACKGROUND Bill 124 (Building Code Statute Law Amendment Act, 2002) Bill 124 was given Royal Assent by the Province of Ontario on June 27, 2002 which amended key provisions of the Building Code Act 1992. These legislative requirements came into effect on July 1, 2005. One of those key changes related to the imposition of building permit fees. Bill 124 imposed additional requirements on municipalities in establishing fees under the Act in that permit fees: "must not exceed the anticipated reasonable cost of the principal authority to administer and enforce the Act in its area of jurisdiction." Effectively, Bill 124 eliminated the generation of revenues by way of building permit fees, beyond direct and indirect costs of administering and enforcing the Building Code Act and the generation of funds for a reserve fund. The impact of this legislative change on the Planning and Development Services Department was that direct costs of planning application fees which were historically subsidized by excess revenues generated by permit fees was eliminated. Indirect costs for development processing related costs were not built into development application fees therefore, a revenue shortfall would result. -36- GENERAL COMMITTEE AGENDA - JUNE 21 2009 June 2, 2009 - 2 - Report No, PL09-039 Development Application Approvals Process (DAAP) User Fees Review In 2006, The Town retained CN Watson and Associates to conduct a Development Application Approvals Process (DAAP) User Fees Review. This review was undertaken to evaluate the impacts of Bill 124 on planning application fees; to determine planning application fees for service inclusive of direct costs; non -growth capital related costs, support function costs directly related to the service provided; and, general corporate management costs apportioned to planning services provided. This type of review was conducted by many GTA municipalities in response to the legislative changes of Bill 124 and planning fees were increased accordingly. In order to determine the full cost of development application processing, CN Watson undertook an activity based costing evaluation to determine development application processing efforts and associated costs from all relevant Town Departments. As a quality assurance check, CN Watson compared the data to seven other GTA municipalities and it was determined that the Town of Aurora estimated processing efforts across various Planning Act application categories to be in line with the municipal group average in almost all categories_ The data was compiled and modeled and found: that the Town was recovering 43.5% of the costs of processing development applications; and, that property taxes are subsidizing new development approximately $727,000 per year The report was completed at the end of March 2007 and Financial Services presented the report and its findings to Council in April 2007. The study concluded that: significant Planning Act DAAP fee increases will be necessary to eliminate the property tax subsidy to new development; and, a survey of surrounding municipalities reveals that modeled DAAP fee increases will not materially impact the Town's overall cost -of -development "market" position. The conclusions of this report as well as benchmarking of surrounding Region of York municipalities form the basis for a proposed amendment to the Town of Aurora fee by-law that will increase the planning application fees ranging from 100% -372% to provide full cost recovery as well as keeping the Town's development application processing fees in line with surrounding municipalities. It should be noted that in January 2006 an amendment to the fee by-law for Planning applications was approved by Council as an interim response to the implementation of Bill 124 changes while the Town awaited the completion of the CN Watson report. Fees were increased approximately 100%. There have been no further fee increases since that time. PROPOSAL In accordance with the recommendations of the CN Watson report, Staff are recommending an increase in planning application fees to achieve full cost (100%) recovery. As indicated -37- GENERAL COMMITTEE AGENDA - JUNE 2, 2009 June 2, 2009 - 3 - Report No. PL09-039 previously, this may necessitate an increase in planning application fees as much as 372% as illustrated by the chart below prepared by CN Watson. C.O.A - Consent 1,400 2,$63 104% C.O.A- Minor Variance 750 2,804 274%e Minor Official Plan Amendment 5,600 13,343 138% Major Official Plan Amendment 7,250 24,115 233% Part Lot Control 1,900 2,038 7% Subdivision 56,843 62,592 10% Condominium 4,388 15,591 255% Removal of H 1,250 3,573 186% Site Plan 3,404 16,076 372% Minor Site Plan n/a 11,579 n/a Site Plan Amendment 2,900 10,192 2510 Site Plan Exemption 200 2,823 1311 Minor Zoning Amendment 4,950 12,473 152% Major Zoning Amendment 6,400 13,786 115% To fully illustrate the proposed increases on planning application fees for new development, here is an example of fees payable on a new 100,000ft'commercial/ industrial/institutional building. Current Zoning Amendment 6,400 Site Plan Fees 8,574 Total: $14,974 Proposed (100% Cost Recovery) *the above scenario only includes planning application fees* 13,770 21,172 $34,942 Staff have compared the above proposed new fee structure with surrounding Region of York municipalities and found them to be comparable to the planning application fees in those municipalities that have undertaken a DAAP User Fee analysis in response to Bill 124 (see Appendix 1). Accordingly, Staff are recommending that the fee by-law be amended to implement full cost recovery. -38- GENERAL COMMITTEE AGENDA - JUNE 25 2009 June 2, 2009 - 4 - Report No. PL09-039 Attached hereto to this report as Appendix 2, is the proposed draftfee by-law which reflects the aforementioned fee increases as recommended by the ON Watson DAAP Report. Staff have generally implemented the recommended fee increases however, for some application types, Staff made adjustments to the fee increases to keep them in line with surrounding Region of York municipalities and to ensure fees commensurate with the efforts expended in the actual processing.of planning applications. Specifically, these application types were as follows: ■ Minor Zoning By-law Amendments increased 51 % rather than 152%; ■ Site Plan Approval applications increased by 65% for the base fee and 300%. for the processing fee rather than 372% across both categories; ■ Site Plan exemptions increased 920% rather than 1311 %; and ■ Minor Variances/Permissions increased 100% rather than 274%. Administrative Changes and New Fees for Service As part of the review of the Planning Application fees, Staff took the opportunity to review the structure of the fee by-law in efforts to simplify fee calculations thereby making it more user friendly for the public and development industry as well. Below is a summary of changes and the rationale for the proposed changes. Planning Application Proposed Changes Type ■ Official Plan Consolidation into one fee, Amendments and, include a surcharge if application is approved. ■ Zoning By -Law Consolidation into one fee Amendments and included surcharge if application approved. ■ Removal of Hold No change ■ Plan of Subdivision Consolidation of fees and elimination of phasing Rationale Simplify fee calculation provide a surcharge for those applications that are approved. For those applications that aren't approved the additional steps are not required therefore, these applications should not be subject to additional fees as the work effort has been completed. Simplify fee calculation. See rationale above regarding surcharge. Simplify fee calculation and collection of fees -39- GENERAL COMMITTEE AGENDA - JUNE 21 2009 June 2, 2009 - 5 - Report No. PL09-039 ■ Plan of Condominium ■ Exemption to Part Lot Control Site Plan Applications Committee of Adjustment of application fees. One base fee for all condominium applications and consolidation of fees. No change proposed Minor Site Plans and Site Plan Amendments have been combined. ■ Consents One application fee for all Consent applications and addition of a recirculation fee and an OMB referral fee. ■ Minor Variances One application fee for all applications; eliminated fee reduction scenarios that are no longer applicable; addition of a recirculation fee and OMB referral fee. at the time of application submission. Generally no variations in the types of applications received. These applications are generally simpler applications that typically require internal circulation only and mayor may not require a staff report for information purposes only to Council. Same fees were applied for all types of consent applications therefore unnecessary for multiple application types. Variances/permissions are the only types of appl. received, reduction scenarios are no longer applicable and therefore are not needed in in the by-law; recovery of costs associated with recirculation of appl. as well as the administrative work and costs required for the compilation of documents necessary in preparation of OMB appeal documents. In addition to the above administrative changes to the fee structure, Staff are also recommending the following "new" fees be imposed. These changes include, A processing surcharge for applications approved by Council (i.e. Official Plan Amendments and Zoning By-law Amendments); Revision fees for site plan applications (beyond three submissions); -40- GENERAL COMMITTEE AGENDA - JUNE 2, 2009 June 2, 2009 - 6 - Report No. PL09-039 ■ File Maintenance Fee; • OMB Administration fee (for both Planning Application fees and Committee of Adjustment fees); ■ Recirculation fees applicable to Committee of Adjustment applications; and, ■ Annual fee adjustment based on Consumer Price Index (CPI); A discussion of the above outlined proposed changes are summarized below: A processing surcharge for applications approved by Council (i.e. Official Plan Amendment and Zoning Amendment) Typically once a proposed Official Plan Amendment is approved, there are subsequent steps in the approval process that Staff are required to undertake in order to proceed to the adoption of the official plan amendment (i.e. drafting of the official plan amendment and/or review of the proposed amendment provided by the applicant, subsequent report to Council requesting its adoption, notice of the passing of the official plan amendment etc.) By including an approval surcharge, those applications that are not approved are not subsidizing the costs of the additional steps that are required to pass the amendments of those applications that are approved. Revision fees for site plan applications (beyond three submissions) Staff provide a thorough review of plans submitted with a site plan application and provide comments of items which need to be addressed. Some applicants do not always address all of staffs comments prior to resubmitting another submission for staffs review. Given that there are circumstances that warrant additional review of plans, a site plan application should not warrant more than three submissions if all of staff/agency comments are properly addressed in each submission. To this end, to discourage premature resubmissions and to eliminate numerous resubmissions which unnecessarily warrants additional staff time on site plan review, revision fees are recommended beyond the third submission of a site plan application. A revisions/modifications fee is applied in the cases of plans of subdivision where the applicant makes changes that warrants additional review by staff. File Maintenance Fee Staff often receive requests by the Applicant and Owner to keep files open that may be inactive for an extended period of time. This becomes problematic when these files are inactive for periods beyond a year. There is administration in maintaining inactive files. Therefore, this fee is intended on discouraging keeping inactive files open for extended periods of time and recovering the administration costs of keeping said files active. OMB Referral fee The Ontario Municipal Board requires a fee of $125 for an appeal which the municipality collects on their behalf. However, there are associated costs associated with appeals that are borne by the municipality and currently not recovered. i.e. staff time in the compilation and preparation of all documents required, photocopying etc. Accordingly staff are recommending -41. GENERAL COMMITTEE AGENDA - JUNE 21 2009 June 2, 2009 - 7 - Report No. PL09-039 a fee to cover the administrative costs of the preparation of documents required for an OMB appeal. The suggested fees are $500 for planning applications and $250 for Committee of Adjustment appeals. Recirculation' fees for Committee of Adjustment applications This fee will recover the administration and costs of the recirculation of applications that have been deferred by the applicant for extended periods of time. Annual fee adjustment based on Consumer Price Index (CPI) The Consumer Price Index is the key gauge for inflation in Canada. Therefore, it is an appropriate measure to determine any fee increases on a yearly basis for the following year at a rate in keeping with the inflation rate of the country. The increase would be effective on January I st of each year based on the CPI value for October of the previous year. Section 69 of the Planning Act Section 69 of the Planning Act, grants the Town authority to impose fees through by-law for the purposes of processing planning applications. The act states: "The Council of a municipality, by by-law, and a planning board, by resolution, may establish a tariff of fees for the processing of applications made in respect of planning. matters, which tariff shall be designed .to meet only the anticipated cost to the municipality or to a committee of adjustment or land division committee constituted by the Council of a municipality or the planning board in respect of the processing or each type of application provided for in the tariff." The "anticipated costs" referred to above suggests that the costs of providingfees for service may include direct costs and indirect costs. The recommended fee increases includes both direct and indirect costs, whereas prior to Bill 124, apportioning indirect costs into development application fees was not necessarily done and/or needed. The Planning Act does not require notification or provide for appeal with respect to the passing of a fee by-law or any amendments thereto. An applicant can object to a particular planning application fee to the Ontario Municipal Board. The applicant would have to pay the prescribed planning application fee and then appeal to the OMB by giving written notice to the' Board within 30 days of the fee payment to the municipality. The Hoard will hear the appeal and determine if the appeal should be dismissed or direct the municipality to refund an amount of the fees paid as determined by the Board. The Board, when hearing such appeals, takes into consideration cost accountability. Applicants may also apply to. a court for an order repealing the by-law. WIyM GENERAL COMMITTEE AGENDA - JUNE 21 2009 June 2, 2009 - 8 - Report No. PL09-039 ALTERNATIVE(S) TO THE RECOMMENDATION 1. Status Quo -Application fees remain as they are currently; or, 2: Achieve 100% Cost Recovery -Phased in approach with a 75% cost recovery initially and then 100% full cost recovery in 2010. FINANCIAL IMPLICATIONS To address the financial impacts of Bill 124, a review of the Planning Applications Fee for the Planning and Development Services Department has been undertaken. To mitigate this financial impact, Staff is recommending an increase in Planning Application fees to achieve full cost recovery. CONCLUSIONS Bill 124 eliminated the subsidization of planning application fees that planning application revenues historically relied upon. To ensure that revenue shortfalls do not ensue in the future and to keep the Town's planning application fees comparable to surrounding York Region municipalities, Planning Staff are recommending that planning application fees be increased to achieve full cost recovery in accordance with the findings of the CN Watson and Associates Development Application Approvals Process (DAAP) User Fees Review for the Town of Aurora. ATTACHMENTS Appendix 1- Region of York Municipalities Fee Comparison Appendix 2- Draft By-law 5129-09 PRE -SUBMISSION REVIEW Management Team Meeting -April 22, 2009 Prepared by: Deborah Giannetta, M.Sc.PI, Planner, Ext. 4347 Marco 04m1uhno, MCIP. RPP Director of Planning and Development Services Neil Garbe Chief Administrative Officer -43- APPENDIX I GENEKAL GUMMITTEE AGENDA - JUNE 2. 2009 .ae.i 1. OD a + N N kZ'm m tZUo0 �O ao L -oo EO o w CA cyU �— NUv i 3 (D N 'S'C > c0 s- E4 e09 N o U ta0 4� r 'tl' IA C N D' W � u1 +`v'3a. cCy�w OD �o voo�.�Nto uiva4i O a w o o N. � Uo co to LO o a_ o 2 )D v Acl o e6 i ..�1,G.., LO LO O L + j o t EE�ro c �o oiaEE2oEad�L v FbC p`.ra:Mt E ao _B. O .a M�3 ¢.�-Ooc )We-�N mn _ Uwa0 °��raic Qa U r�c�>�mcbO OE�� +a wwcmwwxo o "`U coN V r rn E CR )O urno v3 » o m c C4 o `fl v3 to z U C4 oo inNm CrOC `'vi Owcm b ' N w mco u)� w E� {y oo- �• a N 2 N M — O •� O) w a )•,, fA w C U a C co Y C lfl -SM9 .'•.. 1+ O f } va .= E u) m aw o "'ate ro d rM o0 o0 oJri o,a siZCv0 0 < < +K•�Q i 0 `o 0+4:sK"' o N.- ov_ <`')� c� c a)NM TOO oro0 90 2 ma ER000 E �. Nb09 p_ NCn 'CNO �� M= OO p_f� LM L.0 w E Tc i M a .. o w va . Y`. O C O d. c V µOjO O —ow w ca0 C a C +�� NON a pom `a a 3 en E E o + � coID w, O W to cq � D Cf M� a) wqc:.wca v o Eca m ��ov ��0 Wilk y �o{Q a .LLoo 04.M Nul09. oto r o i }: 3 EE u co,o �* 0-M M'O Z 0)O'tM0 ;C 3 0 o u n;N'eS OO ob :OO } N } MN { } N'N - '+� CdxO 'O a) ,w c�vw vo•rn bo'oEE o�oEE oc000 '�°ccn,.a m .:Nrn o�o'oo o(�.000,. an cu c wc- 01° a) m L " (�H W M `"' N O 'C 11 Q 0 O ErN :O .E.N N V u- N :E .:N w _3 M M~y M 1�0 w� .. V A , V A FFJ i C 0. O ?7 � M s ar E o ov.l'm�m oo *U' m e w 6 r w ^ u y$ `o a C o_ iLaa a c o a o oiS EmS of w� Eca) Ac m c c av ,•,4s 0¢E N¢ C'a inR�'U'�-i!) ac°� a c°�ni 0 GENERAL. COMMITTEE AGENDA - JUNE 25 2009 APPENDIX 2` THE CORPORATION OF THE TOWN OF AURORA By-law Number 5129-09 BEING A BY-LAW to amend By-law 4636-05:F; to establish a schedule of - fees for applications made in respect of: planning matters. WHEREAS, Section 69 (1) of the Planning Act R:S.O. 1990, c.P.13, as amended, authorizes the council of a municipality, by by-law, to establish a tariff of fees for the processing of applications made in respect of planning matters; AND WHEREAS on February 8, 2005, the, Council for The Corporation of the Town of Aurora enacted By-law 4636-05-F to establish a tariff of fees for applications made in respect of planning matters; AND WHEREAS on January 31, 2006, the Council for The Corporation of the Town of Aurora enacted By-law 4763-06.F to amend By-law 4636-05.F; AND WHEREAS the Council for The Corporation of the Town of Aurora deems it necessary and expedient to amend By-law 4636-05.F to adopt a new tariff of fees for applications made in respect of planning matters; NOW THEREFORE, the Council of The Corporation of The Town of Aurora enacts as follows: 1. THAT pursuant to By-law 4636-05.F, as amended, the tariff of fees for applications made in respect of planning matters shall be as set out in Schedule. "A" attached hereto. 2. THAT Schedules "A" and "B" of By-law 4636-05.17, as amended be removed. 3. THAT Schedule "A" attached hereto be inserted and form Schedule "A" to By- law 4636-05.F, as amended. 4. THAT By-law 4763.06F, being a By-law to amend By-law 4636-05.F be hereby repealed. 5. THAT this By-law shall come into force and be effective on the 1 O`6 day of June, 2009. READ A FIRST AND SECOND TIME THIS 9t6 DAY OF JUNE, 2009. READ A THIRD TIME AND FINALLY PASSED THIS 9r" DAY OF JUNE, 2009. PHYLLIS M. MORRIS, MAYOR LUCILLE KING, TOWN CLERK r - 45 GENERAL COMMITTEE AGENDA.- JUNE 21 2009 Page 1 SCHEDULE "A" TO BY-LAW 4636-05.F di[f.:a a save OFFICIAL PLAN PLUS: - AMENDMENTS - MAJOR $16,180 $7,970 upon approval . $1,900 Revision Fee (Major) MINOR $ 8,940- $4410 upon approval $1,450 Revision Fee Minor BLOCK PLANS $ 8,940 PLUS: $450 per hectare or art thereof - - ZONING BY-LAW AMENDMENTS - MAJOR $9,640 $4,130 upon approval MINOR - $5,240 $2,250 upon approval . REMOVAL OF HOLD $3 580 DRAFT PLAN OF $11.090 PLUS: $1,840 Extension of Draft, SUBDIVISION - $520/unit; and, Approval - $3,490 per Yz hectare or part $1,500 Revision Fee (where thereof for residential and applicant makes revisions to non-residential lands plans requiring recirculation) - $3,630 Registration Fee for - each Phase - - $2,970 Revisions to Approved Draft Plan of Subdivision PART LOT CONTROL $ 2,040 - No surchar e applicable DRAFT PLAN, OF $15,600 $1,840 Extension of Draft CONDOMINIUM Approval - - (ALL TYPES) - $2,970 Revisions to Approved - Draft Plan of Condominium - $3,630 Registration of Each Phase SITE PLAN APPROVAL $4,450- PLUS:, $1,000 Recirculation/Revisions $520/unit for Residential Fee (where the applicant fails to - $260/unit for Multi-Res;(apts.) revise drawings as requestedhy - <37,50Qm2 : $1.80/m2 for ICI the Town beyond the third - - - >37,500m2 : $0.90/m2 for ICI submission or the Applicant - changes the plans/proposal). MINOR SITE PLANS. $2,830 - PLUS: - (par m2fee applicable only if <$7,500m2:$1.604m2 for Cl there is an increase in g£a) . >37,500m2 : $0.80/m2 for Cl REQUESTFORSITE PLAN $2,040 - EXEMPTION - GENERAL FEES - - - - CANCELLATION OF _ $750 PUBLIC PLANNING MEETING - .. ADDITIONAL PUBLIC $2,800 - PLANNING MEETING ONTARIO MUNICIPAL - $500 BOARD REFERRAL FEE - (for all development appl,). - PILE MAINTENANCE PEE $375/ear -46.. GENERAL COMMLTTEE AGENDA - JUNE 2y 2009 Page 2 COMMITTEE OF ADJUSTMENT CONSENT - $2,860 PLUS: - $1,430 per new lot created _ RE -HEARING OF V50 " AMENDING. CONDITIONS. - - (within one year of decision) RECIRCULATION FEE $2,150 MINOR VARIANCE OR $1.600 - PERMISSION RECIRCULATION FEE $1,130 _ ONTARIO MUNICIPAL $j50 BOARD REFERRAL FEE - (forbothconsentand variance applications) 1: Definitiogs Major Official Plan Amendment: An application that is significant in scale and scope which may have greater impact or policy implication beyond the subject lands. Such applications may include those relating to multiple properties; site specific proposalsthat represent large scale developmenf/signlficent change in use; and, applications involving significant. changes to the text/policies of the Official Plan. " . Minor Official Plan Amendment: An application thatis a.small scale amendment to the Official Plan policies and designations, having limited impact or policy implications beyond the subject lands. • Major Zoning By-law Amendment: An application that is significant in scale and scope which may have impact beyond the subject lands. Such applications may include: • an application relating to more than one property; . • a site specific application,- If considered to represent large scale redevelopment; . • any change in use andior zone category; or, • an application involving significant changes to the development standards or general provisions' of the by-law". • Minor Zoning By-law Amendment: An application for minor and small scale zoning amendment having no significant impact on. adjoining lands. Minor application must be site specific and include: - - • a request for additional permitted use, within an existing building with no significant impact on existing development standards; and, - • changes in development standardsto accommodate a minor development or severance." • Residential and non-residential lands shall include all lands identified on -a proposed plan of, 'subdivision, excluding park blocks, open space blocks, slormwater management blocks, buffer blocks, roads, road widenings and, reserves. Minor Site Plans shall include Amendments to existing Site Plan agreements for those properties with developmentagreements executed and.registered after 2000. Staff shall determine, in consultation With other departments, if a site plan application is considered an amendment or if a new site plan application is required.' 2. Payment of Fees All fees set:out herein shall be payable upon the submission of the related application to the _ - Town, unless otherwise provided herein. - -47- GENEfV-AAKMITTEE AGENDA - JUNE 25 2009 AunoizA Yowre, af, gmd,,com fiat/ RESOLUTION FORM GENERAL COMMITTEE MEETING - JUNE 212009 ITEM #3. Moved By Seconded By Resolution: 3. PL09-049 - Application to Amend the Zoning By-law 2167030 Ontario Limited (formerly Petratos) 100 Old Yonge Street File D14-16-06 Related Consent File D10-(04-05)-08 RECOMMENDED: THAT report'PL09-049 be received as information;. and THAT servicing allocation. for two (2). residential infill building lots be provided to the subject application from the Core Area Infill assignment; and THAT, upon execution of the Simplified Development Agreement by. the owner, the Zoning By-law Amendment for 2167030 Ontario Limited (formerly Petratos), file D14-16-06 be approved by Council. Proposed Resolution/Amendment (if applicable):. CARRIED DEFEATED WRI GENERAL COMMITTEE AGENDA - JUNE 2, 2009 -49- GENERAL COMMITTEE AGENDA -JUNE 25 2009 ITEM #3 i— TOWN OF AURORA AURORA GENERAL COMMITTEE REPORT No. PL09-049 SUBJECT: Application to Amend the Zoning By-law 2167030 Ontario Limited (formerly Petratos) 100 Old Yonge Street File Number: D14-16-06 [Related'Consent File Number. D10-(04-05)-08] FROM: Marco. Ramunno, Director of Planning and Development Services DATE: June 2, 2009 RECOMMENDATION THAT report PL09-049 be received as information; THAT servicing allocation for two (2) residential infill building lots be provided to the subject application from the Core Area Infill assignment; and THAT upon execution of the Simplified Development Agreement by the Owner that the Zoning Bylaw Amendment for 2167030 Ontario Limited (formerly Petratos) File D14-16-06'be approved by Council. . PURPOSE OF REPORT . To rezone the subject lands from Rural (RU) Zone to. a site specific R2 exception zone to enable the subject lands to be redeveloped for 3 lot infill residential development. The existing 2 storey "Alloa Lea" Heritage house will be relocated from its current location to the corner lot. LOCATION The subject property is located on the northeastcorner of Old Yonge Street and Hollingshead Drive, and is municipally described as lob Old Yonge Street. See Figure 1. The subject lands have a total site area of approximately 1,788 sq. metres (0.40 acres); a frontage of 28.69 metres (94.13 ft) along Old Yonge Street and flankage, of 46.65 metres (153.05 ft) along Hollingshead Drive. A 2-storey single detached dwelling (vacant) currently exists on the subject lands and is located approximately in the centre of the property. The building is designated under Part IV of the Heritage Act as a Property of Cultural Heritage Value or Interest. Surrounding. Uses The surrounding land uses are as follows: North: Existing detached residential (R2-20 zoned lands); South: Hollingshead Drive, beyond which is existing detached residential (R2-8 zoned -50- GENERAL COMMITTEE AGENDA - JUNE 21 2009 June 2, 2009 1 -2- Report No. PL09-049 lands); East: Existing detached residential (R2-8 zoned lands); and West: Old Yonge Street, beyond which is existing Service Commercial (C3-9 zoned lands) and existing row dwelling residential (R6-2 zoned lands). Official Plan The subject lands are designated "Urban Residential' by the Town of Aurora Official Plan. Permitted uses in the Urban Residential designation include a wide range of housing forms and densities, including single detached residential dwellings, accessory uses, and compatible home occupations. The subject rezoning application is considered to conform to the Official Plan. Zoning By-law The subject lands are currently zoned "Rural General' (RU) Zone by the Town of Aurora Zoning By-law 2213-78, as amended. The residential lotting as proposed by this application is not permitted within this zone category. An amendment to the Zoning By- law is required to rezone the subject lands from the current zoning to a "Detached Dwelling Second Density (R2-X) Exception" zone to permit the development of the lands for 2 new residential infill building lots (for a total of 3 residential lots) as proposed by the applicant. BACKGROUND At the March 28, 2007 Public Planning Meeting, Council considered Staff report PL07- 022 and passed the following resolution: "THAT the application be approved in principle, subject to the front of the existing house being established to face .Old Yonge Street without visual obstruction; and THAT the applicant agrees to designate the house as a heritage home; and THAT the applicant enter into a Tree Preservation Agreement with the Town of Aurora; and THAT the applicant enter into an Engineering Agreement with the Town of Aurora; and THAT the applicant.retains an arborist to prepare a landscape plan; and THAT consideration be given to the concerns raised by the residents; and THAT consideration be given to the concerns raised in the staff report; and THAT the matter be brought back to a future Council meeting." -51- GENERAL COMMITTEE AGENDA - JUNE 2, 2009 June 2, 2009 .3- Report No. PL09-049 A subsequent application for consent to sever the lands into 3 separate parcels was considered by the Committee of Adjustment at the September 11, 2008 meeting. The consent application was approved subject to the conditions outlined in Appendix 1 of this staff report. In summary, the conditions of the consent approval require that the zoning bylaw be approved and that the "Alloa Lea" heritage home be relocated to the corner lot and preserved, that the two new homes be designed in a manner which is compatible with the character of the neighbourhood homes, that the owner enter into an development agreement with the Town to address landscaping, grading and servicing and that servicing allocation be granted by Council. It is noted that the conditions of approval of the severance application have been satisfied with the exception of the Zoning By-law amendment approval by Council and the allocation of servicing. A draft implementing zoning by-law has been prepared (see Appendix 2). This report provides an outline of how the above -noted matters have been addressed. The severance of the lands into 3 lots, by way of consent applications, was approved by the Committee of Adjustment. The subject Development Agreement has been substantially completed and is currently under final review by the Legal Department. Upon execution of the agreement by the owner the implementing zoning bylaw amendment will be scheduled for Council consideration and enactment. The existing "Alloa Lea" house has been designated as a Heritage Building per Part IV of the Heritage Act, by Bylaw 5082-08R registered on title January 16, 2008. The provisions of the Agreement require the owner to relocate the "Alloa Lea" Heritage House to the corner property with its orientation facing Old Yonge Street in a manner satisfactory to the. With respect to the condition related to minimizing disturbance of existing vegetation and grades the Owner has submitted an existing tree inventory and a landscaping plan which has been reviewed and approved by the Leisure Services Department and is Incorporated as a schedule to the Development Agreement. The landscaping plan incorporates replacement planting for vegetation that cannot be saved. A white picket fence will also be constructed across the street frontages of the corner lot, which will replicate the fencing in front of the existing heritage house. A preliminary grading and site servicing plan has been approved by the Public Works Department. Final detailed plans will be required prior to the development of the two lots fronting onto Hollingshead Drive. A condition of approval of the severance application requires that the exterior design of the two proposed dwellings be approved by the Manager of Heritage and Urban Design to ensure compatibility with the neighbouring homes. The Simplified Development Agreement also addresses this provision requiring that building permit plans must be stamped by Town's Manager of Heritage Planning and Urban Design prior to the -52- GENERAL COMMITTEE AGENDA - JUNE 2, 2009 June 2, 2009 _ - 4 - Report No. PL09-049 release of a building permit. The terms of the Agreement also requires that the Building Department be satisfied with decommissioning of any remnant well and septic systems. The subject proposal represents a desirable residential infill development application. The proposed redevelopment of the lands is considered compatible with surrounding residential R2 zoned land uses and the draft implementing zoning by-law has been" structured to incorporate the site specific exceptions. In addition, the proposed lot frontages and areas are consistent to those in the surrounding neighbourhood. The items outlined in the Council Resolution and conditions of approval recommended by the Committee of Adjustment have been satisfied with the exception that the Zoning By- law approval and allocation of servicing. Staff recommend that Council enact By-law 5140-09 (see Appendix 2). SERVICING ALLOCATION_ The redevelopment of the lands requires servicing allocation for a total of 2 new residential lots. Servicing capacity is available from the Core Area Infill assignment for this development. ALTERNATIVE TO THE RECOMMENDATION 1. Direct Staff to make any changes to the draft By-law prior to approval FINANCIAL IMPLICATIONS Development Charges and other associated development fees will be generated as a result of the subject development and payable at the building permit stage. PROVINCIAL POLICY STATEMENT The subject application is consistent with the policies of the Provincial Policy Statement. CONCLUSION The purpose of this report is to advise Council that the Issues raised by Council and Staff at the June 27, 2007 Public Planning Meeting have been addressed through the approval of a severance application to the Committee of Adjustment and the Owners will be entering into a Development Agreement with the Town. This ensures that the lands will be developed in accordance with tree preservation and municipal engineering standards and its compliance with the Implementing By-law. -53- GENERAL COMMITTEE AGENDA - JUNE 25 2009 June 2, 2009 - 5 - Report No. PL09-049 ATTACHMENTS Figures Figure 1 - Location Plan Figure 2 -Lotting Plan Figure 3 - Landscape Plan Figure 4 - Front Elevation "Alloa Lea" heritage house Appendixes Appendix 1 — Consent approval conditions, September 11, 2008 Appendix 2 — Draft By-law Number 5140-09 PRE -SUBMISSION REVIEW Management Team Meeting — May 20, 2009 Prepared by. Glen Letman, MCIP, RPP Manager of Development Planning, Ext. 4349 14L,� Marc6"Rainunnq, MCIP, RPP Director of Planning and Development Services Nell Garbe Chief Administrative Officer -54- 2 Q. W A1.s, 'MWM L l"' M w ., Tr Y w N N Q N N TA R G a W x"K I in I 4. CL z zo NZ 00 0 zo r N 9 ,� V a - Up w 0 a W �. a-� J Q U. m � N O C N U) d � m LO'9 � O E E a � m O II A tlf m - w r O J � a 9Z'b C N I N 4 � - - d Q � Gowno� v � l4 > � .0 C m 60 9 E 4 Z w � 80 9Z'b wubi,N n� OO '0 0 II 11 II i' (L J 9 I OEi N¢y ❑ �a s gym° = a W !n J £'L m (� O 33.448 N Ib U m n E E as m � m a nmm �e m n vi l➢-N nZ ut 0 t_\ Nrl9\t- 00'9 II N 11 � ¢ w J do 28.69 N 19"I T20"N gong Z O nm_ NflrfN � N CL F-Q� N w 00 Old Yonge Street • III • �Ji ��.��F'Z �' �1►,t��-"G��,',��►ti�` b. � � err. t!�►. , 1 O m z tu i_ z �a a� Q� UNQ tfir ;4 L']a� w Z(! aa� cn JOLL u. j C GENERAL COMMITTEE AGENDA JUNE 7 2009 y m C7 A s n a N O O N rn e. m LM� w O J z W > f_l ° 0 LL- o - W = 0 = e W Z J Q If 4 ' 4a o m U o0o ® EM rrElLL 00 (#)_-j ZN 00 ----- a 50 W; ..j ti W N 9 f^to Z.4 v (J d W �J � Q. -W-j 0 LLQM C �O-,9 1 Municipal UfNe, lvvvry yr nu,.vn� GEI11 �N= C�]DIri9{T E AuG@9VDA - J1 l a n a i ttee of Adju.---,nenY ApPENDiX 1 �URox� Aurora, �,�L4G6J1 lanning and Deve..:nment Phone:905-727-3123 Services Department. YoWr&!'&90vdC0wPaV .. Fax:905-727-1653 NOTICE OF NO APPEAL - To: 2167030 Ontario Limited.' Evans Planning, Attn: Murray Evans Re: Application for Consent . D10(04-05)08 {21.67030 Ont. Ltd.) Notice Date: October 3 2008 Date of Decision: September.11, 2008 Please be advised that the Committee approved the above -noted application; there has been no appeal of the decision and a declaration to that effect is attached hereto.. The decision is now binding, however; please note that this decision is conditional upon satisfaction of the outstanding. conditions listed below. Please be advised that it is the applicant's responsibility to satisfy the conditions noted in the decision before September 12, 2009, or the application for consent will be deemed to be refused (See Planning Act, R.S.O. 1990, c.P. 13, as amended, s.53(41)); CONDITIONS OF APPROVAL FOR EACH APPLICATION: 1: SUBMISSION io the. Secretary -Treasurer of the administration fee of $270.30 (GST included) to cover the costs of monitoring the fulfilment of conditions, preparing the required certificate. documents, and acquiring the. registered transfer during the. post decision period. 2. SUBMISSION to. the Secretary -Treasurer of written confirmation from the Town's Treasurer or designate;lhat all outstanding financial commitments have been satisfied, if. any, to the Town. 3. SUBMISSION tothe.Secretary-Treasurer of two copies of a Draft Reference Plan (for review), showing #hafthe. subject lends substantially. conform to the application as submitted. One copy. of the Deposited Reference Plan must be submitted prior to the issuance of the Certificate of Official. 4. SUBMISSION to the .Secretary -Treasurer of the draft transfer respecting the subject applications. 5. SUBMISSION to the Secretary -Treasurer of confirmation that the cash -in -lieu of parkland will be paid to the' Tow n prior to the issuance of building permits as required by the Town's By-law No. 4291.-.01.F as amended, or any successor thereto and applicable policies to the satisfaction of the Town Solicitor respecting the subject application. 6. SUBMISSION to the Secretary Treasurer. of written confirmation from the Director of Planning and Development Services or designate that the applicant has satisfied all conditions as noted below and in the memo from Glen Letman, Manager of Development Planning. a) That the Zoning By-law approval of File D14-16-06 is approved and in effect. -59- GENERAL COMMITTEE AGENDA - JUNE 2, 2009 b) That the applicant enter into a Development and Tree Preservation Agreement with the Town and pay applicable administration flees for such,agreement• c) That adequate servicing allocation is available and approved by Council d) That the Restoration Plan for the existing historic dwelling be approved by the Planning and Development Services Department. e) That the final exterior design of the proposed dwellings to ensure capability with the character of the neighborhood be: approved by. the Planning and, Development Service Department. 7. SUBMISSION to the Secretary Treasurer of written confirmation from the Director of Building or designate that the, applicant has satisfied the concern .as noted.:below and .in the memo from Ruth Beaton, .Manager of Building and Development Services. a) That the zoning by-law amendment is in effect b) That once the. zoning by-law amendment is in effect, the applicant obtains the necessary. permits from the. Building Department toi move the heritage'house. c) Thatthe heritage house has been moved to Part"C". d) That`if the existing dwellingis being. serviced by the municipal services then any septic systemm-%isting_on the site will be._decommissioned m accordanco with the applicable standards and regulatlons: 8.:SUSMISSION to the, Secretary Treasurer of written confirmation from.. the Director of Public Works or designate that the applicant has satisfied all conditions. as noted below and'in the memo from Sabir Hussain, Municipal Engineer. a) The applicant shall enter into a development agreement with the Town of Auro"r11 a to address various site issues such ,as grading, driveway locations, drainage system, fencing, sedimentation control municipal services, etc: , b) That if the existing dwelling is being serviced by the municipal services, then any well existing 'on .the, site. will- be decommissioned in accordance with, the applicable standards and regulations: c) The applicant provide the Secretary -Treasurer, confirmation, in writing, from the Director of Public Works.indicating.that satisfactory arrangement have been made with respect to payment of all,applicadle charges, and. fees 4f $4,41`0:00 (currently $ 7.35.00 each)'in relation to municipal service connections: d) That servicing allocation for the new. created lots is _approved by the, Council. e) The applicant provides to the Secretary -Treasurer, confirmation, in writing, from the Director of.,Public. Works indicating that satisfactory arrangements have been made. with respect to the installation of wgter meters and connections of,each of the parcels to full municipal. services as: well as road. restoration The applicant rs responsible for the actual cost plus .10% 'for administration and inspection by theow . town and shall provide security in the amount of 10% of the estimated cost'of installation of 'said services and shall agree to have said services; installed. by the Town. It shall be incumbent upon. the applicant to provide as estimate of the cost of these works_ for review by the Works Department. -60- GENERAL COMMITTEE AGENDA - JUNE 25 2009 Alternatively The applicant shall register a restrictive covenantfdevelopment agreement on title to the lands to bind successors in title to this obligation. The. applicant/owner shall be entitled to a release from this restrictive covenant/developmenf agreement upon satisfaction of this condition. 9.. SUBMISSION to the Secretary. Treasurer of written confirmation from the Director or Leisure Services or designate that the applicant has satisfied all conditions as noted in below and in the memo from Jim Tree, Manger of Parks. a) That the applicant berequired to satisfy all comments, concerns and recommendations as provided by staff through the development agreement process which may include but not limited to'a tree preservation. agreement, an Arborist report of trees on and adjacent to the subject lands, replacement treeplantingto the satisfaction of the Manager of Parks, compensation for trees removed or impacted and the provisions of securities to guarantee compliance with recommended works. IMPORTANT NOTE: If conditions have been imposed on a provisional consent, and the applicant:has not fulfilled fhe+condifions within one (1) year after notice of the decision, the application for consent shall be deemed to be refused. .[See Planning Act, R.S.O. 1990, c:P. 13, as amended, s.53(41)] If the transaction in respect of which the consent was given is not carried out within the two-year period following the Issuance of the Certificate of Official the consent effectively will lapse. (See Planning Acf; R.S O. 199Q c.P. 13, as amended, s.53(43)1 Secretary-Treas re Committee of Adjustment Copy: Director of Planning Building Administration Director of Public Works Director of Leisure Services, Legal Services Director of Treasury Economic Development Officer Fire Chief -61- GENERAL COMMITTEE AGENDA - J,UNE 2, 2009 APPENDIX 2 THE CORPORATION OF THE TOWN OF AURORA By -taw Number_ 5140-09 BEING A BY-LAW to amend Zoning By-law No: 2213-78, as amended (100 Old Yonge Street). WHEREAS Section 34 of the Planning Act, R.S.O- 1990, c.P.13, as amended, provides that the councils of local municipalities may pass.zoning by-laws: AND WHEREAS the Council of The Corporation of the Town of Aurora enacted By- law 2213-78, including amendments thereto (hereinafter the "Zoning By-law"); AND WHEREAS the Council of The Corporation of the Town of Aurora deems it _ necessary and expedient to amend the Zoning Bylaw; - NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: 1- THAT the Zoning By-law be and ishereby11 amended to replace the "Rural General (RU) Zone" zoning category applying.to the lands shown in hatching on Schedule "A" attached hereto and forming part of this By-law with "Detached Dwelling Second Density Residential (R2-87) Exception Zone"; and to replace the "Rural General (RU) Zone" zoning category applying to the -lands shown in crosshatching on Schedule "A" attached hereto and forming part of this By-law with "Detached -Dwelling Second Density Residential (R2- 88) Exception Zone". 2- THAT the Zoning By-law be and is hereby amended to add the following: . "11.89 DETACHED DWELLING SECOND DENSITY RESIDENTIAL 112-87 EXCEPTION ZONE 11.89.1 Uses Permitted . In accordance with Section 11.1 hereof. - 11.89.2 Zone Requirements 11.89.2.1 Lot Specifications - In accordance with Section 11.2.1.hereof. - 11.89.2.2 Siting Specifications - Front Yard (minimum) . 6.0 metres Rear Yard (minimum) - - 7.6 metres Interior Side Yard (minimum): 1.2 metres - 11.89.2.3 - Building Specifications - - - In accordance with Section 11.2.3 hereof - - 62 - GENERAL .COMMITTEE AGENDA - JUNE.25 2009 By-law 5140.09 - - Page 2 of 3 11.90 DETACHED DWELLING SECOND DENSITY RESIDENTIAL R2-88 EXCEPTION ZONE - 11.90.1 Uses Permitted In accordance with Section 11.1 hereof. 11.90.2 Zone Requirements - - 11.90.2.1 Lot Specifications - - In accordance with Section 11.2.1 hereof: 11,90.2.2 Siting Specifications Front Yard (minimum) 6.0 metres Rear Yard (minimum) 7.5 metres Interior Side Yard (minimum): 325 metres . Exterior Side Yard (minimum) To main building: 4.5 metres - - - - To garage: 6.0 metres Notwithstanding any other. provision in this bylaw an accessory - structure or building, open sided roofed porches not exceeding one storey in height, uncovered terraces, patios and decks not. - - exceeding 3.0 metres above grade shall have a minimum Interior side yard of 1.2 metres .. 11.90.2.3 Building Specifications In accordance with Section11.2.3 hereof 11.90.2.4 Notwithstanding -the provisions of Section 6.2,3, the'maximum building height fora detached garage shall be 4.2 metres:' 3. THAT the provisions of this By-law shall come into force and take effect upon third reading subject to compliance with the provisions of the Planning Act, R.S.O, 1990, c. P. 13, as amended. - - READ "A FIRST AND SECOND TIME THIS 9`h DAY OF, JUNE, 2009. - READ A THIRD TIME AND FINALLY PASSED.THIS 9t° DAY OF JUNE, 2009. PHYLLIS M. MORRIS, MAYOR - LUCILLE KING, TOWN CLERK - 63 GENERAL COMMITTEE AGENDA - JUNE 2, 2009 By-law 5140.09 Page 3 of 3 - Explanatory Note Re: Zoning By-law No. 5140-09 By-law Number 5140-09 has the following purpose and effect: To amend By-law 2213-78, as amended; the Zoning By-law in effect in the Town of Aurora, to rezone the subject lands'from "Rural, General (RU) Zone" to "Detached - Dwelling Second Density Residential' (R2-87) Exception .Zone" and "Detached Dwelling Second Density Residential (R2-88) Exception Zone'. . The rezoning will permit the developmen.tof the landp with three single detached dwellings, including the relocation of the "Alloa Lee' heritage building to the corner lot. -64_. GENERAL COMMITTEE AGENDA - JUNE 2, 2009 Schedule "A" To By -Law No. 5140-09 TOWN OF AURORA THE REGIONAL MUNICIPALITY. OF YORK LOCATION: Parcel 84-3, Section W1, Part of Lot 84, Con 1, FYS, Part 1,65R14327 (100 Old Yonge Street) LANDS REZONED FROM "RU" TO "R2-87" LANDS REZONED FROM "RU" TO "R2-88' GENE1?.4:� ITTEE AGENDA - JUNE 2, 2009 w�. AuRoIzA -----------..-..--,.._ ------ you're i V 00006 co"Tauy . RESOLUTION FORM GENERAL COMMITTEE MEETING - JUNE 2, 2009 ITEM #4 Moved By Seconded By Resolution: 4. LS09-027 Pool Allocation Policy RECOMMENDED: THAT Council provide direction with regard to amendments to the draft Pool Allocation Policy, as recommended by the Leisure Services Advisory Committee (LSAC) on April.16, 2009. Proposed Resolution/Amendment (if applicable): CARRIED DEFEATED -66- GENERAL COMMITTEE AGENDA - JUNE 25 2009 67- GENERAL COMMITTEE AGENDA - JUNE 2, 2009 i TOWN OF AURORA Ada' GENERAL COMMITTEE REPORT SUBJECT: Pool Allocation Policy FROM: Allan D: Downey, Director of Leisure Services DATE: June 2, 2009 RECOMMENDATIONS THAT Council provide direction with regard to. amendments to the draft Pool Allocation Policy as recommended by the Leisure Services Advisory Committee (LSAC) on April 16, 2009. PURPOSE OF THE REPORT To provide Council with additional background information regarding the development of a pool allocation policy. BACKGROUND The development of a Pool Allocation Policy has been the subject of three previous staff . reports being LS08-035, LS09-010 and LS09-022: General Committee on May 51h, 2009 received the Minutes of the April 16th, 2009 LSAC meeting and were subsequently approved at Council on May 12th, 2009: The recommendation of staff in LSAC Report LS09-022 was that Pool Allocation remains as is until a new facility or additional pool time becomes available. The Leisure Services Advisory Committee recommendations from its April 16, 2009 meeting are: THAT it be recommended to Council that the following amendments be madeto the Draft Town of Aurora Leisure Services Department Competitive Swim Club Pool Allocation Policy: • The title of the Policy be "Town of Aurora Leisure Services Department Competitive Swim Club Pool Allocation Policy". • The Policy Statement be amended to identify the names of three Aurora - Swim Clubs. • Section 5 include the following subsection: .. /2 -68- GENERAL 'COMMITTEE AGENDA-'J.UNE 2, 2009 June, 2, 2009 21 Report No. LS09-027 f) 'that only clubs with Swim Ontario status will be considered for pool allocation through the Town's Pool Allocation Policy. • Section 6 be amended to include the following sentence:_ "That a sworn affidavit be obtained from the President/Owner of each club in October and February confirming the number of Aurora residents based on. swimmer units. There is no need fora change of annual allocation for a variation of less than 15%A and the Director of Leisure. Services. adjust the allocation hours to reflect the Policy." • Section 7 be amended to read as follows: "Permits will not -be issued for competing clubs in the pool at the same time unless the Clubs agree." • Section 9 to be removed. • Section 11 to be modified to reflect the removal .of Section 9. • The policy is to reflect that the definition of a member would be a resident that has.to swim once a week and the number of members per month is to be submitted to the Director of Leisure .Services in October,. November, January and March; and At the General Committee meeting of May 5, 2009, the following recommendations were added: THAT the proposed draft policy, reflecting the above changes; be brought to a General Committee meeting and that staff highlight any area(s) that may, need to be refined or clarified; and • THAT staff provide as backgroundinformation, the swim clubs' membership numbers, reflecting the numbers.as previously provided, as well as updated numbers as of May 1, 2009 outlining residents and non-residents; and • THAT staff provide the unamended copy of the policy, as presented at the April 16, 2009 Leisure Services Advisory Committee meeting. CARRIED COMMENTS Further to Council direction, staff have provided two draft policies: 1) Pool Allocation Policy dated 2008; 2) 2008 Pool Allocation Policy updated to reflect the amendments proposed by LSAC at their meeting of April 16, 2009. In response to Council direction, staff have.requested the swim team rosters as of May 1,:. 2009 and have provided them in the chart below. Numbers at this time have not been /3 - 69 - GENERAL COMMITTEE AGENDA - JUNE 2, 2009 Jwne 2, 2009 - 3 Report No. LS09-027 Verified with Swim Ontario, however, staff will complete this verification upon approval of Council direction: MASTER SWIM CLUB Nancy Black): DUCKS OF STEEL 28 7 25% MASTER DUCKS 211 91 43% SPECIAL DUCKS}18 11 61% AURORA DUCKS SWIM CLUB Re Chappell) DUCKS 119 101 85% Total 1191 101 85% AURORA SELKIES SWIM CLUB Yvonne Cattrall) PRE 44 20 43% MAS 19 11 58% v COM 3.7 151 41% ••v„Y 51 � ...z.`}...: T..Gu` .15.e ��`. ? a z � V'. SIS, t'...c�3'c."'l?•�xLa_�i�' :M.F �G i 1. _ ' L -.. .'v v..�:i [. � At present the Swim Clubs are permitted a total of 300 lane hours at the Aurora Family Leisure Complex (AFLC) and the Stronach Aurora Recreation Complex (SARC) combined. The historical permit schedule in the absence of a Pool Allocation Policy provides the following percentage of permitted usage: . Total Aurora residents served by the three Swim Clubs are 256 as shown in chart 1 on page 3 of this report. The percentage that each Club serves of that 256 are: If the proposed amendments as presented by LSAC were approved by Council, the impact on permit hours would be, as follows: /4 - 70 - GENERAL COMMITTEE AGENDA - JUNE 2, 2009 June 2, 2009 _4 : Report No. LS09 027 WASTERS 128 80 48 ..DUCKS _ 118 74 44 ' SELKIES 54 34 20 :O.. Staff have not been able to determine how the scheduling would be -prepared, but would provide this to the Swim Clubs upon the approval of Council direction. The current permits for each Swim Club expires as follows: 1) Masters on August 16,.2009; 2) Ducks on August 28, 2009;'and 3) Selkies on June 20, 2009. The Swim Clubs require their 2009- 2010 permits immediately so that they can adequately plan and advertise this upcoming seasons programming to commence in September. ALTERNATIVE(S) TO THE RECOMENDATIONS 1. Council may direct staff to incorporate the proposed LSAC amendment into.the draft policy. 2. Council may approve the draft policy as is and allocate pool time when additional pool time becomes available, in accordance with the policy. 3. Council may approve the draft policy as is and direct staff to allocate pool time 'in accordance with this recommended policy. Staff would require additional information regarding the swim level of each member in order to -determine the appropriate permit allocation. 4. Council may request that -additional or alternative amendments be incorporated into the Pool Allocation Policy. 5. Council may direct staff to not issue any pool permits and meet with the Swim Groups until a consensus is arrived at; however, as.stated earlier in this report, the Swim Clubs require their permits immediately in order to facilitate their upcoming season. FINANCIAL IMPLICATIONS There are no financial. impacts with the options since all scenarios would reflect full permitted use of the available lane hours. CONCLUSIONS Staff have met with all swim groups and have been unable to arrive at a compromise solution to the permitting of the available pool time. The amendments proposed attempt to equalize access to the available pool time; .however, do not reflect the ongoing and historical permit relationship that the Town has with. its clients. Each year the schedule will be revisited and each swim club will be faced with the uncertainty of maintaining or growing their Club due to fluctuations in permit hours. ./5 -71- GENERAL COMMITTEE AGENDA - JUNE 2, 2009 June 2; 2009" - 5.- Report No: LS09 021 ATTACHMENTS Attachment #1 -Pool Allocation Policy dated 2008:. Attachment#2 —Pool Allocation Policy reflecting the amendments proposed by LSAC in the. previous document. PRE -SUBMISSION REVIEW Senior Management Team Meeting, Wednesday, May 20, 2009 Prepared by Allan D. Downey; Director of Leisure Services- Ext. 4752 Allney Director of Leisure Services Neil Garbe Chief Administrative Officer .72. Town of Aurora Department -of Leisure Services Pool Allocation- Policy 2008 COMMITTEE AGENDA - JUNE 2, 2009 2. TOWN OF AURORA DEPARTMENT OF LEISURE SERVICES POOL ALLOCATION POLICY POLICY STATEMENT Through the Pool Allocation Policy, the Town of Aurora will strive to equitably distribute available pool hours to Aquatic Facility Users. . PURPOSE The purpose of the Pool Allocation Policy is to ensure the ongoing growth and development of all programs offered by all pool facility user groups, while distributing the available pool time fairly to maximize pool use. PROCESS A. General Guidelines for Pool, Allocation 1. The Pool Allocation Policy will be reviewed annually to ensure applicability and suitability to current participation requirements of all user groups. 2 The'mandate of the Department of Leisure Services is to provide a variety of leisure opportunities for, all Aurora residents. To this end, Department of leisure Services programs/initiatives/instructional lessons and recreational swimming opportunities are recognized as a high priority in terms of pool allocation. 3. The Department of Leisure Services will allocate sufficient time for pool maintenance activitiesto ensure all facilities are .maintained to industry standards. 4. It is acknowledged that all categories of user groups may experience cancellations and/or adjustments to their seasonal pool allocation over the course of their seasonal permit due to Department of Leisure Services approval of Special Events i.e, competitions, etc. from other Community Groups or through building closures. 5. The allocation of regular blocks of pool time is based on the following priority: a) Town of Aurora Aquatic Programs (including recreational and learn to swim, leadership, staff training, camps and birthday parties) b) Community Swim Clubs (Competitive Children & Youth,, Masters), Community Swim Organizations (Synchro, Water Polo) c) Regional/Provincial/ National Special Events (including swim/synchro meets) d) Private Rentals (individual/organization - residents) e) Private Rentals (individual/organization - non-residents) COMMITTEE AGENDA - JUNE 2, 2009 3- B., Pool time will be allocated annually from September 1 to June 30 and July 1 to . .August 31' based.on current resources. All pool rental request forms are to be submitted to the Leisure Services Department by May 1 of each Year, accompanied by swim club registration figures, indicating residency and each swimmers designated swim category. The pool allocation and subsequent permits will be completed by June 1 of each. year; Agreements must be signed and returned to the Leisure Services Department by June 30 of each year. Allocation will be based on final swim club registration figures from. the concluding season (i.e. 2008109 pool allocation will be based on the 2007/08 swim club registration figures). All clubs registration numbers will be verified.with Swim Ontario. Pool allocation will be based on number of Aurora residents per club. Aurora residents must' constitute the majority of any club's registration in order to be considered for any pool time. Requests received after the May 1 deadline date will be held until all .applicants have been accommodated. T Permits will not be issued for competing Clubs in the pool at the same time. 8. Prime time Pool Hours are: Between 6:00 a.m.. - 8:00 a.m. Monday to Friday (excluding holidays) Between 5:00 p.m. - 9:00 p.m. Monday to Friday (excluding holidays) Between 6:00 a.m. - 9:00 a.m. Saturdays (excluding holidays)' 9. Distribution of prime time hours will be equitably distributed in proportion to each clubss registration numbers.and designated categories, . Desianated Categories National Level Provincial Level Age group Level Developmental Level Masters Allocated Training Hours 18 hours per week 13 hours per week 6 hours per week 3 hours per week 4 hours per week 10. Allocation will be based' on 4 swimmers per lane per designated category. Number of swimmers per lane may be adjusted if deemed necessary at each annual policy review. 11. Allocation formula is as follows: Allnantion Formula Example Number of residents per category divided Age Group Level 48 residents by 4 swimmers per lane = number of lanes divided by 4 swimmers per lane = required 12 lanes Number of lanes x allocated time per week 12 lanes x 6`hours = 72 lane hours number of lanes per week required. per week 4L COMMITTEE AGENDA - JUNE 21 2009 4 U. The pool allocation requests for recognized user groups, include tryouts, regular practice and meets, ,tournaments. or shows. Additional pool time, if available, will be offered to the aquatic,interestgroups in accordance to this policy. 13. All scheduled hours must be used by the group or organization to which they are assigned unless otherwise approved by the Leisure Services Department. 14. Allocated. pool times for aquatic users will be booked as individual contracts at. the appropriate rate. 15. If new pool time becomes available, community swim .clubs that qualify for pool allocation would be allocated the time in proportion to their eligible allocated hours and priorities. 16. No organization shall transfer or sublet any pool time allocation, or part thereof, for value or otherwise. If any person, organization transfers or sublets a pool time allocation or any part thereof, or permits such transfer or sublet, their facility rental contract shall be terminated without notice and the Town shall refund the permit fee remaining on a prorated basis. 17. If any person, organization, association, club, or minor sports group fails to abide by any of the provisions of this policy or any of the terms and conditions of their facility rental contract, the Town may terminate the facility. rental contract and refund the permit fee on a pro -rated basis. 1.8. The Town of Aurora does not guarantee the renewal of contracted pool rental hours. 19; The. Town of Aurora will not be held responsible for any failure to provide pool. time due to circumstances beyond its control. 20. No user group shall duplicate services or compete directly with Town of Aurora operated programs or services. If any person, organization is found to be doing this, it will result in their facility rental permit/contract being terminated without notice and the Town shall refund any permit feeremaining on a pro -rated basis. 21. The Director of Leisure Services reserves the right to grant exemptions to the Pool Allocation Policy based on any request demonstrating a substantial special circumstance. B. Cancellation Procedures 1: Scheduled Practices 1 Rentals: All groups must cancel in writing 14 days in advance of their booking.in order to receive . a 100% refund. Groups with less than 14 days written notice will be charged 50% of the rate for the cancelled booking. G NERAL COMMITTEE AGENDA - JUNE 2, 2009 5 2. Meets and Tournaments: Groups who cancel in writing 6 months in advance of -the. meet/tournament booking will receive a 100% refund. If the written cancellation is less than 6 months but more than 14 days, the group will be charged 50%; If the meet/tournament booking is cancelled with less than 14 days written notice, the group will be required to pay 100% of the booking fee. C. Payment Procedures 1. User Groups: All user groups must. deposit a cheque in the amount equaling the first months rent dated. at the time of signing the permit(s). Post dated cheques will be required for each additional month as outlined in the contract/permit OR payment in advance for the full value of. the contract will also be accepted. 2. Meets/Tournaments/Shows: 50% of the total payment is required at the time of signing the contract/permit. The remaining 50% is due 14 days prior to the meeVtournament/show start date OR payment in advance for the full value of the contract will also be accepted. 3. Casual Rentals: .20% non-refundable deposit must be made upon booking. Full payment must be received 14 days prior to pool usage. Bookings made over the phone will only be held for two (2) days. Payment must be made to the respective. administrative office during business hours. Where invoicing has-been approved by the Director of Leisure Services, we reserve the right.to cancel a permit if the applicant defaults in payments. Any permit holder with an outstanding balance owing will not be eligible for a permit/contract for the following year. D. Facility Permit Conditions and Regulations 1. The Town of Aurora will. not be responsible for damages, loss or theft of equipment or clothing of any applicant or anyone attending on the invitation of the applicant. 2. The applicant agrees to indemnify and save harmless the Town of Aurora or its agents from all claims as the result of bodily injury or death to any persons or for damages arising out of the applicant's use of any person using the facilities under the sponsorship of the applicant, of the Town facility as provided in this permit. COMMITTEE AGENDA - JUNE 2, 2009 M. 3. The applicant agrees. to indemnify and save harmless the Town of Aurora or it agents for any liability claims, debt or other monetary obligation incurred by the applicant or any person using the facilities under the sponsorship of the applicant before., after or during use of the Town facility as provided in this permit. 4. The applicant shall be responsible for the conduct and supervision of all persons attending this event and shall see that all regulations contained in this permit are strictly observed. .Vandalism, littering or abusive language while using a facility shall be deemed as just cause to cancel permit or reject. future permit applications. 5. The applicant shall pay for all damages to the property of the Town arising from the use of the facility where the applicant is deemed. responsible. The Department of Leisure Services reserves the right to impose a liability deposit. 6. Facility permits are valid for.location, date, time and use intended specified only and may not be changed or altered. All additions or changes must be approved by both parities (the applicant and Department of Leisure Services). In case of a dispute, the status of the Department of Leisure Services' copy of the permit will take precedence. 7. The applicant is responsible for the removal of all rented or privately owned property and personal effects by the specified time unless prior arrangements have been made with the Department of Leisure Services. & Authorization from the Department of Leisure Services must be.secured prior to affixing any decorations/signage. Once authorization has be granted, the applicant must ensure that all decorations are fireproof, affixed with masking tape and removed by the specified permit end time. 9. Maximum attendance will be governed by Fire Regulations, Liquor License Act Regulations and/or Public Health Regulations and all rules and regulations of those agencies must be adhered to. M All organizations and individuals using Town facilities are responsible for keeping the facilities clean. An extra cleaning charge will be assessed if the facility is left in an unsuitable condition, 11. The Town of Aurora may require the applicant to carry comprehensive general liability insurance in an amount of no less than one million dollars depending on the nature of the event. This insurance will be carried for the rental period and will have the Town of Aurora shown as an .additional insured to the policy. NERAL COMMITTEE AGENDA - JUNE 23,2009 .. 7 12.. The sale and/or consumption of alcoholic beverages .is strictly forbidden, at all sport facilities and park,locations in the Town of. Aurora. Failure to comply with this regulation will be subject to cancellation of the permit and calling of the authorities. 13. Smoking is prohibited in all Town of Aurora owned facilities.as per the Town of Aurora Smoking By -Law. 14. ' The Town of Aurora reserves the right to require police supervision or.security staff at any event at the expense of the applicant. The Town of Aurora reserves the right to require a Security Deposit for any event. The eligibility and the amount of the refund for a Security Deposit will be considered the week following the event. 15. The falsification of any information or disregard for the rules and regulations may result in the immediate cancellation of permits. NERAL COMMITTEE AGENDA - JUNE 25 2009 AUROIA Leisure Services Department Town of Aurora ATTACHMENT 2 Leisure Services DWartment Pe' Competitive ,Swim Club Pool Allocation Policy eted: D¢p�rtaaent of ated: 8 'RAL COMMITTEE AGENDA - JUNE 21 2009 2 TOWN OF AURORA DEPARTMENT OF LEISURE SERVICES POOL ALLOCATION POLICY POLICY STATEMENT Through the Pool Allocation Policy, the Town of Aurora will strive to equitably distribute available pool hours to Jhe Tovrn of Aurora Competitive Swim Clubs being the Aurora . Swim Club the Master Duck Swim Club and the Aurora Selkies Swim Club.. PURPOSE The purpose of the Pool Allocation Policy is to ensure the ongoing growthand and development of all programs offered by all pool facility user groups, while distributing the available pool time fairly to maximize pool use. PROCESS A. General Guidelines for Pool Allocation 1. The Pool.Allocation Policy will be reviewed annually to ensure applicability and suitability to current participation requirements of all user groups. 2. The mandate of the Department of Leisure Services is to provide a variety of leisure opportunities for all Aurora residents. To this end, Department of Leisure Services programs/initiatives/instructional lessons and recreational swimming opportunities are recognized as a. high priority in terms of pool allocation. 3. The Department of Leisure Services willallocate sufficient time for pool maintenance activities to ensure all facilities are maintained to industry standards. 4. ..It is acknowledged that all categories of user groups may experience cancellations and/or adjustments to, their seasonal pool allocation over the course of their seasonal permit due to Department of Leisure Services approval -of Special Events Le. competitions, etc. from other Community Groups or through building closures. 5. The allocation of regular blocks of pool time is based on the following priority: a) Town of -Aurora Aquatic Programs (including recreational and learn to swim, leadership, staff training, camps and birthday parties) b) Community Swim Clubs (Competitive Children& Youth, Masters), Community Swim Organizations (Synchro, Water Polo) _81_ , iRAL COMMITTEE AGENDA - JUNE 25 2009 3 . c) Regional/Provincial/ National Special Events (including swim/synchro meets) d) ,Private Rentals (individual/organization:- residents) e) Private Rentals (individual/organization non-residents) f) That only clubs wrfh Swim Ontario status will be considered for pool allocation. - Formatted: Bullets and through the Towns pool Allocation Polic�>. Numbering _ —Formatted: Indent: Left: 1.27 6. Pool time will be allocated annually fromSeptember 1 to June 30 and July 1 to cm August 31, based'on current resources. All pool rental request forms are to be submitted to .the .Leisure. Services Department by May 1 of each year, accompanied by swim club registration figures, indicating residency and each swimmers designated swim category. That a sworn affidavit be obtained from th President/Owner of each club in October and February confirming the number of Aurora residents based on. swimmer units There is no need for a change of annual allocation for a variation of less than .15% and the Director of Leisure Serv/ces adjust the allocation hours to reflect the Policy, The pool allocation and subsequent permits will be completed by June 1 of each year; Agreements must be signed and returned to the Leisure Services Department by June,30 of each year. Allocation will be based on final swim club registration figures from the concluding season (i.e. 2008/09 pool allocation will be based on the 2007/08 swim club registration figures). All clubs registration numbers will be verified with Swim Ontario. Pool allocation will be based on number of Aurora residents per club. Aurora residents must constitute the majority of any club's registration in order to be considered for any pool time. Requests received after the May 1 deadline date will be held until all applicants have been accommodated. 7: Permits will not be issued for competing Clubs in the pool at the same time+ unless the Clubs agree. 8. Prime time Pool Hours are: Between 6:00 a.m. - 8:00 a.m. Monday to Friday (excluding holidays) Between 5:00 p.m. - 9:00 p.m. Monday to Friday (excluding holidays) Between 8:00 a.m. - 9:00.a.m. Saturdays (excluding holidays) 10. Allocation will be based on A swimmers per lane per designated category. Number of swimmers per lane may be adjusted if deemed necessary at each annual policy review. 12. The pool allocation .requests for recognized user groups include tryouts, regular practice and meets, tournaments or shows. Additional pool time, if available, will be offered to the aquatic interest groups in accordance to this policy.. r Formatted: Indent: Left: 0 tni, Hanging: 1.25 cm_ Deleted: Dlstrlbution of prime .time hours will be equitably distributed In proportion to each club's registration numbers and designated categories.¶ Designated Categories ..: Allocated Trelnlno Hours National Level .18 hours per weok¶ Provincial Level,. 13 hours per wacky Age group Level .8 hours per weok¶ Developmental Level 3 hours perweek¶ Masters .4 hours per week¶ ¶D.: Deleted: 11. -Allocation formula is as follows:¶ 9. Allocation Formula Example¶ Number of residents per category divided by 4 swimmers per lane = number of !ones required r' m -82- COMMITTEE AGENDA - JUNE. 2, 2009 4 1.3. All scheduled hours must be used by the group or organization to which they are assigned unless, otherwise approved by the Leisure Services Department. 14. Allocated pool times for aquatic users will be booked as individualcontracts at the appropriate rate. 15. If new pool time becomes available, community swim clubs that qualify for pool . allocation would be allocated thetime in proportion, to their eligible allocated hours and priorities. 16. No organization shall transfer or sublet any pool time allocation, or. part thereof, for value or otherwise. If any person, organization transfers or sublets a pool time allocation or any part thereof, or permits such transfer or sublet, their facility rental contract shall be terminated without notice and the Town shall refund the permit fee remaining on a prorated basis; 17. If any person, organization, association, club, or minor sports -group fails to abide by any of the provisions of this policy or any of the, terms and conditions of their facility rental contract, the Town may terminate the facility rental contract and refund the permit fee on a pro -rated basis. 18. The Town of. Aurora does not guarantee the renewal of contracted pool rental hours. 19. The Town of Aurora will, not be held responsible for any failure to provide pool time due to circumstances beyond its control. 20. No user group shall duplicate services or compete directly with Town of Aurora operated programs or services. If any person, organization is found to be doing this, it will result in.their facility rental permit/contract being terminated without notice and the Town shall refund any permit fee remaining on a pro -rated basis. 21, . The Director of Leisure Services reserves the right to grant exemptions to the Pool Allocation Policy based on any request demonstrating a substantial special circumstance. B. Cancellation Procedures 1. Scheduled Practices / Rentals: All groups must cancel in writing 14 days in advance of their booking in order to receive a 100% refund. Groups with less than 14 days written notice will be charged 60% of the rate for the cancelled booking. 2. Meets and Tournaments: Groups who cancel in writing 6 months in advance of the meet/tournament booking will receive a 100% refund. If the written cancellation is less than 6 -83- COMMITTEE AGENDA - JUNE 25 2009 5 months but more than 14 days, the group will be charged 50%.- If the meet/tournament booking is cancelled with less than 14 days written notice; the group will be required t6.pay 100% of the booking fee. C. Payment Procedures 1. User Groups: All user groups must deposit a cheque in the amount equaling the first months rent dated at the time of signing the permit(s). Post dated cheques will be required for each additional month as outlined in the contract/permit OR payment in advance for the full value of the contract will also be accepted. 2. Meets/Tournaments/Shows: 50% of the. total payment is required at the time of signing the contract/permit. The remaining 50% is due 14 days prior to the meet/tournament/show start date OR payment in advance for the full value of the contract will also be accepted. 3. Casual Rentals: .20% non-refundable deposit must be made upon booking. Full payment must be received 14 days prior to pool usage. Bookings made over the phone will only be held for two (2) days. Payment must be made to the respective administrative office during business hours. Where invoicing has .been approved by the .Director of Leisure Services, we reserve the right to cancel a permit if the applicant defaults in payments. Any permit holder with an outstanding balance owing will not be eligible for a permit/contract for the following year. D. Facility Permit Conditions and Regulations 1. The Town of Aurora will not be responsible for damages, loss or theft of equipment or clothing of any applicant or anyone attending on the invitation of the applicant. 2. The applicant agrees to indemnify and save harmless the Town of Aurora or its agents from all claims as the result of bodily injury or death to any persons or for damages arising out of the applicant's use of any person using the facilities under the sponsorship of the applicant, of the Town facility as provided in this permit. 3. The applicant agrees to indemnify and save harmless the Town of Aurora or it agents for any liability claims, debt or other monetary obligation incurred by the applicant or any person using the facilities under the sponsorship of the applicant before, after or during use of the Town facility as provided in this permit. -84- NERAL COMMITTEE AGENDA - JUNE 2, 2009 6 4. The applicant shall be responsible for the conduct and supervision of all persons attending this event and shall, see that all regulations contained in this permit are. - strictly observed. Vandalism, littering or abusive language while using a facility shall be deemed as just cause to cancel permit or reject future permit applications. 6. The applicant shall pay for all damages to the property of the Town arising from the use of the facility where the applicant is deemed responsible. The Department of Leisure Services reserves the right to impose a liability deposit. 6. Facility permits are valid for location, date, time and use intended specified only and may not be changed or altered. All additions or changes must be approved by both parities (the applicant and Department of Leisure Services). In case of a dispute, the status of the Department of Leisure Services' copy of the permit will take precedence. 7. The applicant is responsible for the removal of all rented or privately owned property and personal effects by the.specified time unless prior arrangements have been made with the Department of Leisure Services. 8. Authorization from the Department of Leisure Services must be secured prior to affixing any decorations/signage. Once authorization has be,granted, the applicant must ensure that all decorations are fireproof, affixed with masking tape and removed by the specified permit end time. 9. Maximum attendance will be governed by Fire Regulations, Liquor License Act Regulations and/or Public Health Regulations and all rules and regulations of those agencies must be adhered to. 10. All organizations and individuals using Town facilities are responsible for keeping the facilities clean. An extra cleaning charge will be assessed if the facility is left in an unsuitable condition. 11. The Town of Aurora may require the applicant to carry comprehensive general liability insurance in an amount of no less than one million dollars depending on . the nature of the event. This insurance will be carried for the rental period and will have the Town of Aurora shown as an additional insured to the policy. 12: The sale and/or consumption of alcoholic beverages is strictly forbidden at all sport facilities and park locations in the Town of Aurora. Failure to comply with this regulation will be subject to cancellation of the permit and calling of the authorities.. 13. Smoking is prohibited in all Town of Aurora .owned facilities as per the Town of Aurora Smoking lay -Law. -85- ENERAL COMMITTEE AGENDA - JUNE 2, 2009 7 14. The'Town of Aurora reserves the right to require police supervision or security 'staff at any event at the expense of the applicant.The Town of Aurora reserves the right to require a Security Deposit for any event. The eligibility and the amount of the refund for a Security Deposit will be. considered the week following the event. ' 15, The falsification of any information or disregard for the rules and regulations may result in the immediate cancellation, of permits. GENERAL COMMITTEE AGENDA - JUNE 2, 2009 Ra9�"��fi'7D�reted�, t_.`;aar�at�l�a-.�"aa�r`�dra _, gzk,�12jQ5%2�4C��,Q.',�;$n00J4H1L1 I : Allocation formula is as follows: Allocation Formula Example "Number of residents per.category divided Age Group Level 48 residents by 4 swimmers per lane = number of lanes divided by 4 swimmers per lane = required 12 lanes Number.of lanes x allocated time per week 12 lanes x 6 hours= 72 lane hours = number of lanes per week required. per week GENEgA 1TTEE AGENDA - JUNE 2, 2009 AUR.OizA %tJre isv good Griur�nscy - RESOLUTION FORM GENERAL COMMITTEE MEETING - JUNE 212009 ITEM #5 Moved By Seconded.By Resolution: S. LS09-014 — Board Advertising Aurora Community Centre Arena #1 RECOMMENDED: THAT Council approve the execution of the attached amended agreement for the Aurora Tigers Junior "A' Hockey Club Incorporated (Tigers) rights to.sell advertising space on the boards at the Aurora Community Centre Arena #1. Proposed Resolution/Amendment (if applicable): -88- GENERAL COMMITTEE AGENDA - JUNE 2, 2009 WIM GENERAL COMMITTEE AGENDA - JUNE 2, 2009 ITEM #5 TOWN OF AURORA AURORA GENERAL COMMITTEE REPORT No. LS09-014 SUBJECT: Board Advertising Aurora Community Centre Arena #1 FROM: Allan D. Downey, Director of Leisure Services DATE: June 2, 2009 RECOMMENDATIONS THAT Council approve the execution of the attached amended Agreement for the Aurora Tigers Junior "A"Hockey Club Incorporated (Tigers) rights to sell advertising space on the boards at the Aurora Community Centre Arena #1. PURPOSE OF THE REPORT To provide the Aurora Tigers Junior "A" Hockey Club with approval for the advertising rights at the Aurora Community Centre Arena #1. BACKGROUND The Aurora Community Centre Arena #1 continues to be the home of the Aurora Tigers and as such all Tigers games and practices are permitted at this facility. Mr. Neil Burton, Financial Officer for the Aurora Tigers Jr. 'A' Hockey Club addressed General Committee at its April 21, 2009 meeting to propose that the Club pay a flat rate for rink board advertising, of 20% for cash received, with no minimum amount, and that this agreement run for a period of five years; and subsequently, General Committee recommended: THAT the comments of the delegate be received for information and referred to the Director of Leisure Services. COMMENTS The Tigers have indicated that this program is essential to the success and continued operation of the organization and elimination of this program will place the Hockey Club in jeopardy. Staff recommends executing an Arena Board Advertising Agreement with the Tigers for an additional five years based on the proposed Agreement (attached). All other advertising opportunities at the Aurora Community Centre will remain in the Leisure Services Department portfolio. /2 -90- GENERAL COMMITTEE AGENDA - JUNE 2, 2009 June 2. 2009 -2- ALTERNATIVE(S) TO THE RECOMENDATIONS No. LS09.014 Cancel program with notice and have Town of Aurora Leisure Services staff administer.this advertising program. FINANCIAL IMPLICATIONS Based on existing advertising, the Town would receive $4,800.00 which is based on 24 advertisements sold in 2008. The Tigers must provide to the Town a special audited statement of revenues to confirm this amount. As of the date of this report, the Tigers are in arrears in the amount of $12,851.57 for ice usage and an outstanding invoice in the amount of $2,667.00 for the March instalment of the 2009 Rink Board Advertising. CONCLUSIONS The Aurora Tigers continue to be proud an Town of Aurora. In an effort to support ti recommends proceeding with the execution term. This Agreement will be based on the Council. ATTACHMENTS I respectable sports representatives of the e Aurora Tigers Jr "A" Hockey Club, staff of an Agreement for an additional five-year existing proposed Agreement approved by Attachment #1 —Proposed Agreement between the Town of Aurora and the Aurora Tigers Junior "A" Hockey Club. Attachment #2 — Extract from General Committee Meeting No. 09-15. PRE -SUBMISSION REVIEW Senior Management Team Meeting, Wednesday, March 4, 2009 Senior Management Team Meeting, Wednesday, March 25, 2009 Senior Management Team Meeting, Wednesday, April 15, 2009 Prepared by. Aaron Karmazyn, Manager Facilities and Property- Ext. 4323 4 Allan D. Downey Director of Leisure Services Neil Garbe Chief Administrative Officer -91- GENERAL COMMITTEE AGENDA - JUNE 21 2009 THIS AGREEMENT made in quadruplicate this day of , 2009. BETWEEN: THE CORPORATION OF THE TOWN OF AURORA (hereinafter called the `"Down") PARTY OF THE FIRST PART -and- AURORA TIGERS JUNIOR A HOCKEY CLUB INC., a corporation duly incorporated pursuant to the laws of the Province of Ontario (hereinafter collectively called the "Licensee") - - - PARTY OF THE SECOND PART WHEREAS the Town has rink board advertising space available at the Town's municipal facility known as the Aurora Community Centre, located at 1 Community Centre Lane, Aurora (hereinafter ACC 41); AND WHEREAS Council for the Town determined on August 17, 2004 to consider an agreement with Aurora Tigers Junior `A' Hockey Club Inc, for the opportunity to market rink board advertising at ACC #1; AND WHEREAS Council for the Town subsequently further determined on June 13, 2006 to enter an agreement with Aurora Tigers Junior `A' Hockey Club Inc: for the marketing of rink board advertising, which agreement was .prepared by the Town and sent to the Aurora Tigers Junior 'A' Hockey Club Inc, for execution but was not executed; AND WHEREAS Council for the Town subsequently further determined on June 9, 2009, to enter into this Agreement; - - NOW THEREFORE this Agreement witnessellt that in consideration of the mutual covenants, promises and provisions hereinafter contained,. other good and,valuable consideration, arid' payment of the sum of ten ($10.00) dollars by the Licensee to the Town,. the receipt and. sufficiency of which is acknowledged, the Town and the Licensee hereby agree withthe other as follows: - 1. TERM . Subject to the general terms and conditions set out herein and, in particular; subject to paragraph 6 of this Agreement; the Town hereby grants to the Licensee the exclusive right to place advertisements on the rink boards of the ACC #1 from and. including September 1st, 2009, being the commencement (late of this Agreement, to and including August 31",, 2014, at which time this Agreement shall be at an end, subject to the exercise of any renewal pursuant to paragraph 3 hereinafter contained. 2. PAYMENT The Licensee shall pay to the Town twenty per cent (20%) of the cash revenues received - by the Licensee from the sale of rink board advertising at ACC #1, during the term of this Agreement and any renewal thereof. Such payment shall be submitted by the Licensee - once each year, payable no later, than December 3Ist during each contractual year of the term of this Agreement and any renewal thereof. Each such required payment shall be accompanied by a listing of all advertisements sold, their respective installation dates and their payment schedule. The payments shall be submitted to the attention of the Director of the Leisure Services Department. All payment cheques must be made payable to The Corporation of the Town of Aurora. - -92- GENERAL COMMITTEE.AGENDA - JUNE 2, 2g09 4. TERMS AND CONDITIONS The exclusive right hereby granted by the Town is provided subject to the following - temrs and conditions regarding number, location, size, ownership and responsibilities for the advertising of which the Licensee acknowledges and agtces to: t (a). The Licensee agrees. tosubmit a quarterly statement to the Town, listing the advertisements approved and installed at ACC #t, the installation dates for each . and every advertisement, and the payment schedule in accordance with paragraph 2 hereof referencing each and every advertisement; (b) . All adyertising signs shall remain the property of the Licensee and may be replaced at any time. -However, the Town shall not be liable for damage to any signs for any reason, other than gross negligence of the Town or any person for whom the Town is at law responsible; (c) All advertising sign sales agreements between the licensee and any third party for - the right to advertise on the rink boards at the ACC shalt include a clause therein stipulating that the Town shall bear no liability whatsoever as it pertains to such advertising sign sales agreements between the Licensee and such third party. The .. - Licensee shall provide the Town with the advertising sign sales agreement it - intends to use with third parties and the contractual clause therein providing the Town shall bourne, liability pertaining to same; (d) Nothing in this Agreement shall affect the Town's right to license, sell the rights to, or otherwise allow.any form of sign or advertising device anywhere on the premises of the ACC #1 other than as provided for in.this Agreement.; - (e) The Licensee shall be responsible for replacing any damaged or defaced signs other than that. caused by the gross negligence of the Town and further, the Licensee shall at all times ensure that the signs are regularly maintained in good, safe and clean condition with a pleasing appearance; :(f) The Licensee undertakes that the advertising placed by it shall be in accordance with the regulations and standards set by the Canadian Advertising Council, subject however, to the right of the Town at any time, and from time to time, to remove any advertising which, in the sole opinion of the Town, is not considered . appropriate; _ (g) All advertising displays to be placed by theLicenseewill be -of high moral standard, non -political in nature and not contrary. to public order and good taste. No advertisements promoting alcohol or tobacco will be featured and the Town must grant its approval for each sign prior to its display; - (h) The Licensee shall maintain its financial books and records of its operations in accordance with generally accepted principles of good accounting practice, and shall at all reasonable times, and on reasonable notice, permit the Town and/or its designated representative,to inspect and/or audit the said books and records and make copies thereof or any part thereof. (i) The Licensee ',shall provide the Town with copies of its annual financial statements and a special audited statement of rink board advertising revenues each year during the term of this Agreement and,any renewal thereof. Such disclosure -must be provided by the Licenseeto the Town -by December I" of each contractual year of this Agreement and any renewal thereof, failing which this Agreement may be terminated by the Town in accordance with paragraph I I hereof. (j) The Town reserves the right at any time, to refuse approval and/or request removal of any advertising which, in the sole opinion of the Town, is in conflict -93- GENERAL COMMITTEE AGENDA - JUNE 2, 2909 with any of the Town's service or product agreements, including soft drink beverage advertising. 5. BANICRUVECY In the event that, at any time during the term of this Agreement and any renewal thereof, the Licensee makes an assignment for the benefit of creditors, or becomes bankrupt or insolvent, or makes a proposal to its creditors, this Agreement shall immediately be terminated and the Town shall be entitled to remove the signs and enter into a contract with a new supplier. 6. LIMITATION Notwithstanding paragraph 1 of this Agreement, in the event of corporate sponsored events, the Town shall, in its absolute discretion, have the right to cover all or any of the Licensee's advertisements for the duration of the particular corporate -sponsored event. The Town shall inform the Licensee seven (7) days in advance of its intention to do so .and shall allow a pro rata abatement in the contract price of an amount calculated to the daily fee for all advertisements so covered. _ 7. INSURANCE _ The Licensee shall provide the Town, upon execution of this Agreement by the Licensee, with a certificate of insurance indicating proof of comprehensive general liability coverage in the amount of not less than TWO MILLION DOLLARS ($2,000,000.00). `. The certificate shall indicate that the policy contains a clause adding the Town as an additional named insured with a provision for cross -liability. The certificate shall. indicate that the policy will not be cancelled or changed without first giving the Town thirty (30), days priorwritten notice. The Licensee shall also maintain such Fire and Theft Insurance as will provide adequate coverage for the loss by burglary, fire or theft of any stock or equipment of the Licensee upon Town premises. . S, ACCESS TO FACILITIES The Town agrees to provide to the Licensee access to the facilities at the convenience of the Town for the purposes of cleaning, repairing, placing and, replacing the advertising .signs. - 9. REMOVAL OF ADVERTISEMENTS Upon the expiry of the term of this Agreement or any renewal thereof, the Licensee agrees to remove all advertisements placed by it during the currency of this Agreement or any renewal thereof, except that any advertisements then in place may be removed by the Town should the Licensee fail to do so and all costs and expenses to remove same shall be recoverable from. the Licensee. Further, the Licensee, at.its sole expense, will return all dasherboards to the condition they were in at the commencement date of this Agreement and provide any such material to the Town. 10. ASSIGNMENT The rights granted under this Agreement may not be assigned by the Licensee without the prior written consent of the Town, which may be unreasonably withheld. II. TERMINATION In addition to :my other remedies, it may have in law or in equity, the Town may terminate this Agreement on thirty (30) days' written notice to the Licensee: L (a) for non-payment of any fees or costs within the thirty (30) day period so specified, all of which is set out pursuant to. paragraph'2 hereof; or STIR GENERAL COMMITTEE AGENDA - JUNE 2, 20409 (b) for any breach by the Licensee of any, of the covenants and obligations to be observed and preformed on its part, provided that the Town has provided written notice of such breach and same has not been remedied or rectified by the Licensee within the period so specified herein; or. (c) iri the event of any change from. the current ownership of the Licensee as of the date of commencement of this Agreement, the Town may, at its option; remove any or all signs upon any such termination pursuant to 'paragraph (a), (b) and (c) hereof. 2.. Either the Town or the Licensee shall be entitled to terminate this agreement upon one hundred and twenty (120) days' written notice to the other. 12. INDEMNIrICATION The Licensee hereby covenants to indemnify and save harmless the Town from Zany and all actions, causes of action, suits, claims and demands whatsoever, which may arise either directly or indirectly as a result of or arising from the placing of any advertising by the Licensee under the terms of this Agreement including any and all agreements as - between the Licensee and any third party for rink board advertising at the ACC. The Licensee shall not be liable for. any damages caused directly by lire gross negligence of ' the Town. - - 13. NOTICE, (a) Subject to paragraph 11 hereof, if the Licensee makes default in any obligation or obligations binding on it pursuant to this Agreement, the Town shall give notice to rectify any such default within seven (7) days of the giving of the notice and such notice shall be in writing and.deliveied by mailing such notice by prepaid registered post which shall in such case shall be deemed received upon the third business day subsequent to mailing, or by facsimile or delivered personally which shall be deemed received on the same day, addressed to:. Aurora Tigers Junior A Hockey Club Inc. 46 Birch Avenue Richmond Hill, Ontario, L4C 6C6 _ Attention: Ben Soscia, Owner The Corporation of the Town of Aurora I Municipal Drive, Box 1000 - - Aurora, Ontario, LAG 6J 1 _ Attention: Town Cterk - In the event that the Licensee does not rectify. the default within the said seven (7) - day period, the Town may either: W terminate this Agreement on the giving of thirty (30) days' written notice to that effect by mailing said notice by prepaid registered post. and addressed to the Licensee at the above -mentioned address, provided that if _ the Licensee rectifies any such default before the expiry of the thirty (30) day period, such notice shall be null and void; or i (if) rectify the default on the Licensee's behalf and the cost or expense - incurred by the Town shall be a debt, due and owing from the Licensee to the Town. (b) Any termination of this Agreement pursuant to sub -clause (a) hereof shall note constitute a surrender or waiver by the Town of any right to proceed against the Licensee for breach. of contract, and shall not relieve the Licensee, from its , - 95 - GENERAL COMMITTEE AGENDA - JUNE 2y 2009 5 obligation to pay any fees herein or to pay any other monies or indemnification provided for in this Agreement. 14. CONFLICT This Agreement constitutes the complete and exclusive statement of the agreement between the parties, which supersedes all proposals, oral or written, express or implied, and all other communications between the parties relating to this Agreement. 15. SEVERABILITY If one or more of the phrases, sentences, clauses, sub -clauses or paragraphs contained in this Agreement shall be declared invalid by the order, decree or judgment of any court of competent jurisdiction, this Agreement shall be construed as if such phrase(s), sentence(s), clauses(s), sub-clauses(s) or paragraph(s) had not been inserted. 16. JURISDICTION The terms and provisions of this Agreement shall be governed by the laws of the Province of Ontario. 17. APPLICABLE LAW The parties shall comply with all federal, provincial and municipal laws, rules, regulations and by-laws, and the orders and directions of the Regional Municipality of York Police Department ormy other body having jurisdiction pertaining to any aspect of this Agreement, 18. AMENDMENTS This.Agreement may be changed only by a written amendment signed and sealed by the authorized representatives of both parties. IN WITNESS WHEREOF the parties hereto have affixed their corporate seals duly attested under the hands of the proper signing officers. SIGNED, SEALED AND DELIVERED AURORA TIGERS JUNIOR A HOCKEY CLUB INC. per: Name: Title: (I have authority to bind the corporation) THE CORPORATION OF THE TOWN OFAURORA Phyllis M. Morris, Mayor Lucille King, Town Clerk - 96 - GENERAL .COMMITTEE AGENDA..- JU'NE 2, 2909 . ALJP`1I2A. EXTRACT FROM GENERAL COMMITTEE MEETING NO. 09-15 .HELD ON TUESDAY, APRIL 21, 2009 ADOPTED AT COUNCIL ON TUESDAY, APRIL 28, 2009 VI DELEGATIONS (f) Mr. Neil Burton, Financial Officer, Aurora Tigers Jr. 'A' Hockey Club Re: Rink Board Advertising Mr. Neil Burton addressed General Committee to propose that the Aurora Tigers Jr. 'A' Hockey Club pay a flat rate for rink board advertising, of 20% for cash received, with no minimum amount, and that this agreement run for a period of five years. General Committee recommends: THAT the comments of the delegate be received for information and referred to the Director of Leisure Services. CARRIED Extra ctlCorrespondence Routing Information External Correspondence was sent by Council Secretariat: Yes x No External Correspondence to be sent by: IAdmin ACTION DEPARTMENT: Building Corporate Finance Leisure Works Planning I (To Director and Secretary) x I ACTION STAFF: - I (if•otherthan above) - INFO DEPT: Finance, Legal, Pending (No action required) GENERAL COS EE AGENDA - JUNE 2, Z009, . AuRORA yow'rc rer, yonaG conrr(sasry May 4, 2009 Mr. Neil Burton Financial Officer Aurora Tigers. Jr. `A' Hockey Club 49 Pettet Road, R.R. #3 Stouffville, ON L4A 7X4 Dear Mr. Burton: Re: Rink Board Advertising - Office of the Clerk Lucille King, Town. Clerk 905-727-3123. ext . 4771 (king@e-aurora.ca Town of Aurora 1 MuniciparDrive, Box 1000. Aurora. ON L4G 0J1 CO3-GC09-15 Please be advised that this matter was heard by General Committee at its meeting held on April 21, 2009. The following recommendation was adopted by Council on April 28, 2009: THAT the comments of the delegate be received for information and referred to the Director of Leisure Services. The above is for your information and any attention deemed necessary. Yours truly, Lucille King, MPA Director of Corporate Services/Town Clerk LKlcc Attachment copy: Director of Leisure Services tonal 11w1uty GENE"WkMMITTEE AGENDA - JUNE 2, 2009 Ui;tv ,youre ix. good LoratzbaJay RESOLUTION FORM GENERAL COMMITTEE MEETING,- JUNE 212009, ITEM #6 Moved By Seconded By Resolution: 6. CS09-009 — Private Property Parking Enforcement RECOMMENDED: THAT Council receive report CS09-009 for information and provide direction to staff on its preferred option as outlined in the report. Proposed Resolution/Amendment (if applicable): CARRIED DEFEATED -99- GENERAL COMMITTEE AGENDA - JUNE 2, 2009 - 100 - GENERAL COMMITTEE AGENDA - JUNE 2, 2009 ITEM #6 i-z TOWN OF AURORA AURORA GENERAL COMMITTEE REPORT No. CS09-009 SUBJECT: Private Property Parking Enforcement FROM: Lucille King, Director of Corporate Services/Town Clerk DATE: June 2, 2009 RECOMMENDATIONS THAT Council receive Report CS09-009 forinformation and provide direction to staff on their preferred option as outlined in the Report. .PURPOSE OF THE REPORT. To provide Council with the background information on parking enforcement on private property by private security firms here in Aurora. :BACKGROUND At the May 27, 2009 Council Meeting, Council referred By-law. 5147-09 back to staff and adopted the following resolution: THAT the by-law be referred back to staff for a full account of how many officers are in Place and how much they are being paid and how much revenue that is being generated. CARRIED At the General Committee Meeting Held on November 19, 2002, the Committee made the following recommendation that was adopted by Council on December 17, 2002. CS02-049 - Private Parking Enforcement THAT the request from the Machell Corners Housing Co-op for private property parking .enforcement be supported; and THAT staff introduce private property parking enforcement on the subject property as a pilot. project and subject to its success that similar opportunities be provided to otherprivate properties. CARRIED GENERAL COMMITTEE AGENDA - JUNE 2, 2009 June 2, 2009 - 2 - Report No. CS09-009 The Pilot Project was implemented with Machell Corners Co-op and the private security firm. The Pilot was a success and the security firm requested that the program be expanded to include.other properties in the Town of Aurora. At the April 6, 2004, General Committee Meeting, the Committee made the following recommendation that was adopted by Council on, April 27, 2004. CSO4-008 - Private Parking Enforcement on Private Property THAT Council authorize the expansion of parking enforcement on private property to independent security companies approved by the property owner. CARRIED The private security firm that was under contract to Machell Corners expanded their enforcement to include two other properties here in Aurora. Staff had not received any. other expressions of interest from any other security firms until Justice Security Services approached the Town this year. COMMENTS Town Parking Control Officers have the authority underthe Town's Parking Control By-law to enter onto private.property to enforce the provisions of the by-law provided the property owner,erected the proper signage and the property owner furnishes the Town with a Letter of Authority to ticket on the property. The Town currently has approximately. twenty such properties on file. These property owners and managers are faced with unwanted vehicles parking on their property. These properties are residential, commercial, industrial and institutional. Staff try to address the needs of these property owners but are at times unable to respond to their needs because of scheduling conflicts. This resulted in the development of the Pilot Project back in 2002. Justice Security Services was retained bythe Property Management Company on behalf of. the property owner. The property is a mixed .residential and commercial property with residential upstairs and commercial on the ground floor in the downtown core area. Justice Security Services have been enforcing the parking on the property to ensure that the spaces are available for the tenants and clients of the. residential and business units. Staff from.Justice.Security Services is on site Monday to Saturday from 9 a.m. to 5 p.m. Justice . Security has been directed to cease ticketing on the property pending a decision on the future of this program. - 102 = GENERAL COMMITTEE AGENDA - JUNE 2, 2009 June 2, 2009 - 3 - Report No. CS09-009 Justice Security Services has three Officers assigned to this property that work the six days a week as the property owner has requested. The Officers are employees of Justice Security Services and are paid by Justice Security Services. The Town is not involved in the compensation of the Officers. Their compensation is an issue between themselves and their employer Justice Security Services. The Officers are onsite to enforce the abuse of parking on the property. Where a vehicle is deemed to not have consent to park on the property, the Officer can issue a Parking Infraction Notice to vehicles for Parking on Private Property.without Consent. The fine for this offence is $45, The only other offence that the Officers may issue a Parking Infraction Notice for on this property is Park in a Disabled Parking Space without a Permit. The fine for this offence is $300.. The Town receives. all of the revenue from fines generated by the issuance of a Parking Infraction Notices by Justice Security Services on this property. The amount of revenue is based on the number of tickets issued. As of May 26, 2009, 83 tickets have been issued and'44 have, been paid, mediated through the Town's First Attendance Process or withdrawn because of Officer error. The potential revenue to the Town should all of the fines be collected its $1,760. As with any enforcement project, the goal is compliance through corrective action. The number of infractions and the subsequent fine revenue will decrease if the enforcement is to continue. Staff have already seen a drop in the number of tickets issued since the start of the program. ALTERNATIVE(S) TO THE RECOMENDATIONS 1.. Continue the enforcement of the Town's Parking Control By-law by private security firms. 2. Discontinue the enforcement of the Town's Parking Control By-law by private security firms. FINANCIAL IMPLICATIONS The Town provides Justice Security Services with Parking Infraction Notices to issue from the Town's on hand inventory. All of the fine revenue is received by the Town. To date, the potential fine revenue is $1,760. CONCLUSIONS A number of private property owners in the Town have identified a need for a level of parking enforcement service that the Town is not able to provide at this time. They have sought out other enforcement strategies including retaining a private security firm to respond to their needs on either a temporary or long-term basis. This is a common practice throughout the G.T.A. It enables the property owner to respond to - 103 GENERAL COMMITTEE AGENDA - JUNE 21 2009 June 2, 2009 - 4 - Report No. CS09-009 the need of his or her tenants, while not monopolizing the staff of the Town freeing them up.for their other responsibilities. PRE -SUBMISSION REVIEW May 27, 2009 — Reviewed by the C.A.O. Prepared by: Chris Alexander, By-law Services Manager Ext. 4241 Lucille Ki . Director of Corporate Services/Town Clerk Neil Garbe Chief Administrative Officer - 104 - GENEMITTEE AGENDA - JUNE 2, 2009 AuRoizA -..----------------------.. yow'r� iw yooeG Cony . RESOLUTION FORM GENERAL COMMITTEE MEETING - JUNE 2, 2009 ITEM #7 Moved By Seconded By Resolution: 7. Memorandum from the Director of Public Works Re: Pedestrian Crossing of the GO Rail at Cousins Drive Memo 05-09 RECOMMENDED: THAT Capital Project 34512, Pedestrian Rail Crossing at Cousins Drive, be cancelled and removed from the .2009 plan due to funding not being made available through external sources, including the York Region District School Board, Proposed Resolution/Amendment, (if applicable): CARRIED DEFEATED - 905 GENERAL COMMITTEE AGENDA - JUNE 2, 2009 -106- 1 Mu"nic�i a�l Drive, GENER KITTEE» NDA - JUNE 2, 2009 �(-�A T TR®RAAurora, ON L4G 6J1 �J Phone: 905-727-3123 ext. 4371 wwe-surora.ca -yow'relso good corsryasry MEMORANDUM DATE: June 2, 2009 TO: Mayor, Members of Council and CAO FROM: ilmar Simanovskis, Director of Public Works Town of Aurora ITEM #7 Public Works RE: Pedestrian Crossing of the GO.Rail at Cousins Drive Memo 05-09 RECOMMENDED: THAT Capital Project 34512, Pedestrian Rail Crossing at Cousins Drive, be cancelled and removed from the 2009 plan due to funding not being made available through external sources including the York Region District School Board. At its Special General Committee meeting of February 2, 2009, it was adopted that, "Staff be requested to identify sources of funding for this project and to pursue funding support from the York Region District School Board" This capital project was proposed and approved for 2009 as a public convenience project to provide easy access across the GO rail line adjacent to Cousins Drive. Due to the volume of students expected to use this crossing, the project was approved contingent on receiving alternate funding sources including funding from the school board. The York Region District School Board was requested to provide funding for this project. A letter dated May 14, 2009 was received from the School Board stating that their funding mechanisms do not provide opportunity for these types of initiatives. This project also did not qualify for other funding sources currently available through other levels of government. It is therefore recommended that this project be removed from the 2009 capital plan. The project can be revisited in the future should funding source be identified. Yours sincer r novs 's Director of Public Works Attachment May 14, 2009 letter from York Region District School Board S ;Public WortW,Records4C10 Reports to CounciRC10-ADM-089 Reports to Council General Filet2009Wenno 05-09 pod crossing GO raiLdoo 107- Printed an 25-May-09 GENER44jpAMWTXEE ARVW A - JUNE 2, 20CRANNING PAGE .02/02 e(j10A 01MICT SCHOOL eOARP May 14, 2009 EDUCATION CENTRE - AURORA 60We11;ngmn Str tWell - Ho 40,Aa1rnn,OntariaL4G3H2 Kax:905,771.t931 Tek 905-727.3141 905.895.7216 905.722.32W 416,969.81 dr Wehske: wwayrdBh.edu.an.ce Mr. Ilmar Simanovskis Direotor, Public Works Town of Aurora 1 Municipal Dr. Aurora, Ontario L40 UJI Dear Mr. Simanovskis: RE: Pedestrian of the Go jail at Cousins Drive Thank you for your correspondence regarding a possible pedestrian crossing of the CO Rail line at Cousins Drive. Unfortunately, the York Region District School Board is not in a position to contribute funding to this initiative. runding for school boards Is determined by the Province of Onfario for educational purposes, Therefore, our operating and capital expenditures are all tied directly to schools and students. . truly, of Accommodation & Property Development Copy: David Neale, Senier Manager —Administrative Services, YRDSB - 108 - ADDITIONAL ITEMS TABLED FOR GENERAL COMMITTEE MEETING Tuesday, June 2, 2009 ➢ Two (2) New Closed Session Items: - litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board