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AGENDA - Council - 20151208COUNCIL MEETING AGENDA TUESDAY,DECEMBER 8,2015 7 P.M. COUNCIL CHAMBERS AURORA TOWN HALL PUBLIC RELEASE December 4, 2015 TOWN OF AURORA COUNCIL MEETING AGENDA Tuesday, December 8, 2015 7 p.m. Council Chambers 1. DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF 2. APPROVAL OF THE AGENDA RECOMMENDED: THAT the agenda as circulated by Legal and Legislative Services be approved. 3. ADOPTION OF THE MINUTES Council Workshop Minutes of November 24, 2015 pg. 1 Council Meeting Minutes of November 24, 2015 pg. 6 Special Council – Public Planning Meeting Minutes of November 25, 2015 pg. 31 Special Council – Public Planning Meeting Minutes of November 30, 2015 pg. 36 RECOMMENDED: THAT the Council Workshop minutes of November 24, 2015, the Council meeting minutes of November 24, 2015, the Special Council – Public Planning meeting minutes of November 25, 2015, and the Special Council – Public Planning meeting minutes of November 30, 2015, be adopted as printed and circulated. 4. PRESENTATIONS (a) Chris Catania, Accessibility Advisor, and Patricia Dignard, pg. 40 Educational Assistant, York Catholic District School Board Re: AODA 10th Anniversary Champion Award Council Meeting Agenda Tuesday, December 8, 2015 Page 2 of 7 (b) Michael Stott, President, and Sarah Millar, Senior Planner, FOTENN pg. 41 Re: Cultural Precinct Plan Final Report 5. PUBLIC SERVICE ANNOUNCEMENTS 6. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION 7. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION 8. DELEGATIONS 9. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 10. NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i) Notices of Motion (a) Councillor Mrakas pg. 242 Re: Ontario Municipal Board Jurisdiction (b) Councillor Thom pg. 244 Re: Facility Sponsorship and Advertising (c) Mayor Dawe pg. 245 Re: Provision of an Indoor Tennis Facility at Stewart Burnett Park (d) Councillor Mrakas pg. 246 Re: Blue Dot Campaign (ii) Motions for Which Notice Has Been Given (Deferred from Council meeting of November 24, 2015 – Motion (c)) (a) Councillor Abel pg. 248 Re: Regional GO Transit Shuttle Council Meeting Agenda Tuesday, December 8, 2015 Page 3 of 7 (Deferred from Council meeting of November 24, 2015 – Motion (d)) (b) Councillor Abel pg. 250 Re: Temperance Street Cultural Precinct 11. REGIONAL REPORT York Regional Council Highlights – November 19, 2015 pg. 251 RECOMMENDED: THAT the Regional Report of November 19, 2015, be received for information. 12. NEW BUSINESS/GENERAL INFORMATION 13. READING OF BY-LAWS RECOMMENDED: THAT the following by-laws be given first, second, and third readings and enacted: 5783-15 BEING A BY-LAW to allocate any 2015 Operating Fund surplus and any 2015 Water and Wastewater Operating Fund surplus or deficit. (Report No. CFS15-052 – GC Item 4 – Dec. 1/15) pg. 265 5784-15 BEING A BY-LAW to amend By-law Number 5553-13, as amended, to establish various Reserve Funds for the Town of Aurora. (Report No. CFS15-053 – GC Item 5 – Dec. 1/15) pg. 267 5786-15 BEING A BY-LAW to levy Interim Property Taxes for the 2016 taxation year. (Report No. CFS15-054 – GC Item 6 – Dec. 1/15) pg. 269 5788-15 BEING A BY-LAW to exempt Blocks 157 and 158 on Plan 65M-4424 from Part-Lot Control (SJ Homes Limited). (Report No. PL15-093 – GC Item 8 – Dec. 1/15) pg. 271 Council Meeting Agenda Tuesday, December 8, 2015 Page 4 of 7 5792-15 BEING A BY-LAW to amend By-law Number 4752- 05.P, for the use, regulation and government of Parks and Public Spaces in the Town of Aurora. (Report No. BBS15-017 – GC Item 2 – Dec. 1/15) pg. 272 5795-15 BEING A BY-LAW to amend By-law Number 5416-12, as amended, to appoint employees of the Ontario Parking Control Bureau Corp. as Municipal By-law Enforcement Officers in the Town of Aurora. pg. 273 RECOMMENDED: THAT the following confirming by-law be given first, second, and third readings and enacted: 5794-15 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting on December 8, 2015. pg. 276 14. CLOSED SESSION RECOMMENDED: THAT Council resolve into Closed Session to consider the following matters: 1. Litigation or potential litigation including matters before administrative tribunals, affecting the Town or a Local Board (section 239(2)(e) of the Municipal Act, 2001); Re: Closed Session Report No. LLS15-069 – Appeal to the Divisional Court re Pechen, OMB Case No.: PL141323, Committee of Adjustment Variance Applications – D13-(32A-F)-14, 251 Willis Drive, Lot 23, Plan 65M-3219 2. Litigation or potential litigation including matters before administrative tribunals, affecting the Town or a Local Board (section 239(2)(e) of the Municipal Act, 2001); Re: Closed Session Report No. LLS15-070 – Ontario Municipal Board Appeal – Highland Gate Developments Inc. 15. ADJOURNMENT Council Meeting Agenda Tuesday, December 8, 2015 Page 5 of 7 AGENDA ITEMS (Deferred from Council meeting of November 24, 2015 – Item 2(1)) 1. Memorandum from Director of Parks & Recreation Services pg. 42 Re: Tree Protection By-law RECOMMENDED (by General Committee on November 17, 2015): THAT the memorandum regarding Tree Protection By-law be received; and THAT staff be directed to prepare and report back on a revised Draft Tree Protection By-law, substantially in the form as attached to Report No. PR14-004, with the following changes: 1) Rules pertaining to trees on golf courses be similar to section 4.2 of the City of Markham By-law No. 2008-96, “Tree Preservation By-law”; and 2) Permit owners of larger properties (0.25 ha or greater) to remove 2 (two) trees per 0.25 ha in a twelve (12) month period. 2. General Committee Meeting Report of December 1, 2015 pg. 186 RECOMMENDED: THAT the General Committee meeting report of December 1, 2015, be received and the recommendations carried by the Committee be approved. 3. Special General Committee – 2016 Budget Review Meeting Minutes pg. 195 of November 2 (continued November 16 and 23), 2015 RECOMMENDED: THAT the Special General Committee – 2016 Budget Review Meeting Minutes of November 2 (continued November 16 and 23), 2015, be received for information. (Note: All recommendations within these minutes have been incorporated into the recommendations of Item 4 - Report No. CFS15-055 – 2016 Final Operating Budget.) Council Meeting Agenda Tuesday, December 8, 2015 Page 6 of 7 4. CFS15-055 – 2016 Final Operating Budget pg. 211 RECOMMENDED: THAT Report No. CFS15-055 be received; and THAT the 2016 Operating Budget summarized in Attachment #3 which reflects all revisions recommended for approval by the General Committee - Budget resulting in an estimated total tax levy of $38,959,100 and a total expenditure plan of $58,169,900 generating a 1.8% Town of Aurora share tax increase, which results in an estimated 1.9% residential tax bill increase when combined with the regional and education shares of the tax bill, be approved; and THAT the Town’s full-time staff complement remain unchanged at 2015 levels (excluding Library Board and Central York Fire Services staff); and THAT a general wage increase of 1.0% effective April 1, 2016, be approved and applied to the Salary Schedule for Full-time Permanent Non-Bargaining Unit Positions, and to the Rate Schedule for Other-Than-Continuous-Full-time Non- Bargaining Unit Positions, both being Attachments to Policy #7; and THAT the necessary bylaw establishing tax rates and due dates for 2016 property taxation be presented for adoption at a future Council meeting. 5. Memorandum from Director of Corporate & Financial Services/Treasurer pg. 222 Re: Special General Committee – Budget Recommendation for Additional 2015 Funding to Aurora Cultural Centre RECOMMENDED: THAT the memorandum regarding Special General Committee – Budget Recommendation for Additional 2015 Funding to Aurora Cultural Centre be received; and THAT one-time funding in the amount of $10,000 be allocated to the Aurora Cultural Centre Board for purposes of operational expenses, to be funded from the 2015 Council Operating Contingency account. Council Meeting Agenda Tuesday, December 8, 2015 Page 7 of 7 6. Memorandum from Director of Planning & Development Services pg. 223 Re: Additional Information, December 1, 2015 General Committee Agenda Item No. 10, Report No. PR15-096, Community Improvement Plan Incentive Program Application, PMK Capital Inc., 95 Wellington Street East, File No. CIP-2014-02 RECOMMENDED: THAT the memorandum regarding Additional Information, December 1, 2015 General Committee Agenda Item No. 10, Report No. PR15-096, Community Improvement Plan Incentive Program Application, PMK Capital Inc., 95 Wellington Street East, File No. CIP-2014-02 be received for information. 7. Memorandum from Councillor Pirri pg. 225 Re: Federation of Canadian Municipalities (FCM) Report to Council, Meeting of the Board of Directors, Ottawa, ON, November 17-20, 2015 RECOMMENDED: THAT the memorandum regarding Federation of Canadian Municipalities (FCM) Report to Council, Meeting of the Board of Directors, Ottawa, ON, November 17-20, 2015, be received for information. TOWN OF AURORA COUNCIL WORKSHOP MINUTES Council Chambers Aurora Town Hall Tuesday,November 24,2015 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair;Councillors Abel,Gaertner (arrived 4:44 p.m.),Kim (arrived 6:09 p.m.)Mrakas,Pirri,Thom,and Thompson MEMBERS ABSENT Councillor Humfryes OTHER ATTENDEES Town Clerk,Deputy Clerk,and Council/Committee Secretaries Mayor Dawe called the meeting to order at 4:38 p.m. 1.DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 2.APPROVAL OF THE AGENDA Moved by Councillor Abel Seconded by Councillor Thompson THAT the agenda as circulated by Legal and Legislative Services be approved. CARRIED 3.CONSIDERATION OF ITEMS REQUIRING WORKSHOP 1.Procedural By-law Review The Town Clerk provided an overview of the current Procedural By-law and presented options as well as recommendations surrounding specific themes. Council Meeting Agenda Tuesday,December 8,2015 Council Workshop Minutes Page -1 -1 - Council Workshop Minutes Tuesday,November 24,2015 Page 2 of 5 (a)Inclusion of Principals of Parliamentary Procedure Moved by Councillor Pirri Seconded by Councillor Thom THAT the inclusion of the following principles of parliamentary procedure in the Procedural By-law as an interpretive tool be endorsed: a)Every Member has the right to one vote,unless prevented by law; b)Each Member of Council has the right to be heard on a matter,unless prevented by law; c)Each Member of Council has the right to information to help make decisions,unless prevented by law; d)Each Member of Council has the right to an efficient meeting; e)Each Member of Council has the right to be treated with respect and courtesy; f)Each Member of Council represents the public and will first and foremost consider the well-being and interests of the municipality. CARRIED (b)Council/Committee Structure Moved by Councillor Pirri Seconded by Councillor Thom THAT the creation of a new “Budget Committee,”comprised of all Members of Council,to make recommendations to Council on approval of the Town’s annual Operating and Capital Budgets be endorsed;and THAT the Budget Committee order of business be the same as currently used for Special General Committee –Budget meetings;and THAT the Budget Committee be delegated the authority to: a)Approve the meeting minutes of Budget Committee; b)Direct Staff to bring forward information to the Budget Committee as needed,and defer matters to a future Budget Committee meeting; and Council Meeting Agenda Tuesday,December 8,2015 Council Workshop Minutes Page -2 -2 - Council Workshop Minutes Tuesday,November 24,2015 Page 3 of 5 c)Direct Staff to prepare and bring forth for Council’s consideration a report summarizing Committee recommendations on the annual Capital and Operating Budgets. CARRIED (c)Regular Meeting Schedule Moved by Councillor Thompson Seconded by Councillor Mrakas THAT the following schedule of regular Council,General Committee and Special Council –Public Planning meetings be endorsed: a)General Committee shall generally meet on the first and third Tuesday of the month at 7 p.m.; b)Council shall generally meet on the second and fourth Tuesday of the month at 7 p.m.; c)Special Council –Public Planning meetings will normally be held on the third (3rd)Wednesday of the month;and d)Only one (1)General Committee meeting,one (1)Council meeting and one (1)Public Planning meeting will be held in each of December and January. CARRIED (d)Summer Meeting Schedule Moved by Councillor Mrakas Seconded by Councillor Gaertner THAT one (1)General Committee meeting and one (1)Council meeting be held in each of July and August. CARRIED (e)Agenda and Order of Business Moved by Councillor Pirri Seconded by Councillor Thom THAT the listing of the Confirming By-law as a separate Council Agenda Item be endorsed;and Council Meeting Agenda Tuesday,December 8,2015 Council Workshop Minutes Page -3 -3 - Council Workshop Minutes Tuesday,November 24,2015 Page 4 of 5 THAT the removal of the General Committee Agenda Item “Presentations by the Advisory Committee Chair”be endorsed;and THAT the listing of “Declaration of Pecuniary Interest and General Nature Thereof”following “Approval of the Agenda”be endorsed;and THAT staff report back on implementing a policy that Information Reports, generally defined as staff reports that do not contain recommendations requiring Council action or decisions,normally be published on the Town’s website and only be included on a Council or Committee Agenda if requested by a Member of Council. CARRIED (f)Publishing of Agenda Moved by Councillor Pirri Seconded by Councillor Gaertner THAT General Committee meeting agendas be provided seven (7)days prior to the meeting;and THAT General Committee Additional Items be published twenty-four (24)hours before the meeting;and THAT Council meeting agendas be provided on the Friday prior to the meeting; and THAT Council Additional Items be provided on the day of the meeting. CARRIED (g)Other Procedural Matters Moved by Councillor Pirri Seconded by Councillor Thompson THAT a Councillor be designated by Council to Chair the General Committee meetings. DEFEATED Council Meeting Agenda Tuesday,December 8,2015 Council Workshop Minutes Page -4 -4 - Council Workshop Minutes Tuesday,November 24,2015 Page 5 of 5 Motion to refer Moved by Councillor Mrakas Seconded by Councillor Gaertner THAT the balance of the Workshop presentation and recommendations be referred to another Council Workshop. CARRIED 4.READING OF BY-LAW Moved by Councillor Pirri Seconded by Councillor Thom 5792-15 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Workshop on November 24,2015. CARRIED 5.ADJOURNMENT Moved by Councillor Pirri Seconded by Councillor Thompson THAT the meeting be adjourned at 6:23 p.m. CARRIED GEOFFREY DAWE,MAYOR PATTY THOMA,DEPUTY CLERK THE MINUTES OF THE COUNCIL WORKSHOP OF NOVEMBER 24,2015,ARE SUBJECT TO FINAL APPROVAL BY COUNCIL ON DECEMBER 8,2015. Council Meeting Agenda Tuesday,December 8,2015 Council Workshop Minutes Page -5 -5 - TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday,November 24,2015 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair;Councillors Abel,Gaertner,Humfryes (arrived 7:02 p.m.),Kim,Mrakas,Pirri,Thom,and Thompson MEMBERS ABSENT None OTHER ATTENDEES Director of Building and By-law Services,Director of Corporate and Financial Services/Treasurer,Director of Infrastructure and Environmental Services,Acting Director of Legal and Legislative Services/Associate Solicitor,Director of Parks and Recreation Services,Director of Planning and Development Services,Town Clerk,and Council/Committee Secretary Mayor Dawe called the meeting to order at 7:11 p.m.following Open Forum. Council consented to recess at 8:58 p.m.to resolve into a Closed Session meeting to consider Closed Session Item 3,and reconvened into open session at 9:25 p.m. On a motion of Councillor Mrakas seconded by Councillor Thompson,Council consented to extend the hour past 10:30 p.m.in accordance with subsection 3.16(b)of the Procedural By- law. Council consented to recess at 10:42 p.m.to reconvene into a Closed Session meeting to consider Closed Session Items 1 and 2,and reconvened into open session at 11:02 p.m. 1.DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -1 -6 - Council Meeting Minutes Tuesday,November 24,2015 Page 2 of 25 2.APPROVAL OF THE AGENDA Main motion Moved by Councillor Thompson Seconded by Councillor Humfryes THAT the agenda as circulated by Legal and Legislative Services,with the following additions,be approved: Delegation (b)Kirk Corkery,Chair of Regimental Council,The Queen’s York Rangers Re:Motion (b)Councillor Abel;Re:Deployment of Light Armoured Vehicle (LAV)at the Aurora Cenotaph Delegation (c)Susan Walmer,Resident Re:Motion (a)Councillor Gaertner;Re:Highland Gate Developments Inc. Reports Closed Session Item 2 –A proposed or pending acquisition or disposition of land by the Town or Local Board (section 239(2)(c)of the Municipal Act,2001);Re: Offer to Sell –Aurora Promenade Area –Verbal Update from the Director of Parks and Recreation Services Amendment No.1 Moved by Councillor Mrakas Seconded by Councillor Pirri THAT the following additional Closed Session item be added to the agenda,to be considered immediately following Delegations: Closed Session Item 3 –Litigation or potential litigation including matters before administrative tribunals or a Local Board(section 239(2)(e)of the Municipal Act,2001);Re:Highland Gate Developments Inc.,Ontario Municipal Board (OMB)Appeal CARRIED Amendment No.2 Moved by Councillor Thompson Seconded by Councillor Abel THAT section 3.8(a)of the Procedural By-law be waived,and the following additional delegation be approved: Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -2 -7 - Council Meeting Minutes Tuesday,November 24,2015 Page 3 of 25 Delegation (d)Ken White,Royal Canadian Legion Re:Motion (b)Councillor Abel;Re:Deployment of Light Armoured Vehicle (LAV)at the Aurora Cenotaph CARRIED (two-thirds vote) Main motion as amended Moved by Councillor Thompson Seconded by Councillor Humfryes THAT the agenda as circulated by Legal and Legislative Services,with the following additions,be approved: Delegation (b)Kirk Corkery,Chair of Regimental Council,The Queen’s York Rangers Re:Motion (b)Councillor Abel;Re:Deployment of Light Armoured Vehicle (LAV)at the Aurora Cenotaph Delegation (c)Susan Walmer,Resident Re:Motion (a)Councillor Gaertner;Re:Highland Gate Developments Inc. Reports Delegation (d)Ken White,Royal Canadian Legion Re:Motion (b)Councillor Abel;Re:Deployment of Light Armoured Vehicle (LAV)at the Aurora Cenotaph Closed Session Item 2 –A proposed or pending acquisition or disposition of land by the Town or Local Board (section 239(2)(c)of the Municipal Act,2001); Re:Offer to Sell –Aurora Promenade Area –Verbal Update from the Director of Parks and Recreation Services;and Closed Session Item 3 –Litigation or potential litigation including matters before administrative tribunals or a Local Board(section 239(2)(e)of the Municipal Act, 2001);Re:Highland Gate Developments Inc.,Ontario Municipal Board (OMB) Appeal CARRIED AS AMENDED 3.ADOPTION OF THE MINUTES Council Meeting Minutes of November 10,2015 Special Council Meeting Minutes of November 17,2015 Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -3 -8 - Council Meeting Minutes Tuesday,November 24,2015 Page 4 of 25 Moved by Councillor Thom Seconded by Councillor Kim THAT the Council meeting minutes of November 10,2015,and the Special Council meeting minutes of November 17,2015,be adopted as printed and circulated. CARRIED 4.PRESENTATIONS (a)Nicole Young,Coordinator,Special Events Re:Platinum Sponsorship Recognition Ms.Young gave a presentation about the Platinum Sponsorship Program, highlighting the events that have taken place in 2015 and the impact the Platinum-level sponsors have on these events.Mayor Dawe presented Aurora Chrysler,Aurora Home Hardware,State Farm and TD with Platinum Sponsorship Awards. Moved by Councillor Thompson Seconded by Councillor Abel THAT the presentation by Nicole Young be received for information. CARRIED (b)Adrian Kawun,Manager of Service Planning,York Region Transit Re:York Region Transit/VIVA Five-Year Strategic Plan and 2016 Annual Service Plan Mr.Kawun gave a presentation outlining the York Region Transit (YRT)/Viva services and service areas,the YRT/VIVA business model,performance metrics, 2015 accomplishments,initiatives within the Town of Aurora,and next steps for implementation of the YRT/VIVA Five-year Strategic Plan and 2016 Annual Service Plan. Moved by Councillor Mrakas Seconded by Councillor Gaertner THAT the presentation by Adrian Kawun be received for information. CARRIED Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -4 -9 - Council Meeting Minutes Tuesday,November 24,2015 Page 5 of 25 (c)Todd Brown and Claire Tucker-Reid,Monteith Brown Consultants Re:Sport Plan and Parks &Recreation Master Plan On a motion of Councillor Thompson seconded by Councillor Gaertner,Council consented on a two-thirds vote to waive the requirements of subsection 3.8(c)of the Procedural By-law to permit the presentation of Todd Brown and Claire Tucker-Reid additional time as required. Mr.Brown presented feedback on the Parks &Recreation Master Plan, demographic considerations,and the plan in relation to indoor recreation facilities,outdoor recreation facilities and passive space.Ms.Tucker-Reid discussed the Sport Plan,themes relevant to the Sport Plan,sport promotion, celebration,and tourism,and next steps for the Parks &Recreation Master Plan and Sport Plan. Moved by Councillor Thom Seconded by Councillor Kim THAT the presentation by Todd Brown and Claire Tucker-Reid be received for information. CARRIED 5.PUBLIC SERVICE ANNOUNCEMENTS Councillor Humfryes extended a reminder that the Aurora Farmers’Market will be held at the Aurora Armoury on December 12,2015,from 8 a.m.to 1 p.m. Councillor Thom advised that the next Aurora Tigers Junior ‘A’Hockey game will be held on November 27,2015,at 7:30 p.m.at the Aurora Community Centre. Councillor Pirri extended a reminder that the Santa Under the Stars Parade will be held on Saturday,November 28,2015,from 6 p.m.to 8 p.m. Mayor Dawe extended an invitation to a Public Open House to review the draft Sport Plan and Parks &Recreation Master Plan and provide input on Thursday,November 26,2015,from 6 p.m.to 8 p.m.at Aurora Town Hall in Council Chambers.He noted more information can be found at www.aurora.ca/masterplan or www.aurora.ca/sportplan. Mayor Dawe advised that the Town of Aurora and Windfall Ecology Centre are undertaking the Healthy Kids Community Challenge to promote children’s health through physical activity,mental well-being and better eating habits.Individuals involved in sports,health,nutrition,and wellness programs were encouraged to submit project proposals that could be implemented in the upcoming action plans.He noted Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -5 -10 - Council Meeting Minutes Tuesday,November 24,2015 Page 6 of 25 the deadline for written submissions is Friday,November 27,2015,at 5 p.m.and that more information can be found at www.aurora.ca. Mayor Dawe noted that food donations and letters to Santa will be collected by the Salvation Army along the route prior to the start of the Santa Under the Stars Parade, and more information regarding the Parade can be found at www.aurora.ca or on the Town’s Notice Board published in The Auroran. Mayor Dawe extended a reminder that the Toys for Tickets program is in effect from November 15 to December 1,2015.He noted that for every person who receives a parking ticket in Aurora for a “Park anytime between 2 a.m.and 6 a.m.”offence,the fine can be paid by donating a new unwrapped children’s toy.He further noted that toy donations will only be accepted at the Aurora Town Hall,Access Aurora desk until Wednesday,December 9,2015 at 5 p.m and all toys will be donated to local toy drives. Mayor Dawe advised that the Aurora community of Special Olympics’7th Annual Artisans &Crafters Sale is on Sunday,November 29,2015 from 10 a.m.to 4 p.m.at the Aurora Cultural Centre.He noted that more information can be found at www.aurora.specialolympics.ca. Mayor Dawe advised that A Celtic Christmas will be presented at the Aurora Cultural Centre on Saturday,December 5,2015,at 8 p.m.He noted that tickets and further information can be found at www.auroraculturalcentre.ca Mayor Dawe advised that the Town of Aurora,The Salvation Army and Neighbourhood Network will be starting the annual Aurora Salvation Army Kettle Drive on Saturday,November 28 that will run until Thursday,December 24,2015.He noted that Kettles are located at the following locations in Aurora:The Real Canadian Superstore;Metro;and starting on Tuesday,December 1,2015,the three LCBO outlets in Aurora. Councillor Thompson advised that on Friday,November 27,2015,between 2 p.m.and 6 p.m.there is a meeting regarding the Cultural Precinct Plan.He noted further information can be found at www.aurora.ca. 6.DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1 and 2 (sub-item 1)were identified as items for discussion. 7.ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 2 (with the exception of sub-item 1),3,4,and 5 were identified as items not requiring separate discussion. Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -6 -11 - Council Meeting Minutes Tuesday,November 24,2015 Page 7 of 25 Moved by Councillor Mrakas Seconded by Councillor Thompson THAT the following recommendations with respect to the matters listed as “Items Not Requiring Separate Discussion”be adopted as submitted to Council and staff be authorized to take all necessary action required to give effect to same: 2.General Committee Meeting Report of November 17,2015 THAT the General Committee meeting report of November 17,2015,be received and the following recommendations carried by the Committee be approved: (2)PR15-035 –Tree Removal/Pruning and Compensation Policy THAT the draft Tree Removal/Pruning and Compensation Policy attached to Report No.PR15-035 be approved;and THAT the draft Tree Removal/Pruning and Compensation Policy be applicable to all planning applications that are currently under review by the Town,provided the applicants have been duly notified of this draft Policy and are currently complying with the said draft Policy;and THAT the Tree Removal/Pruning and Compensation Policy come into full force for all new requests or applications received by the Town as of December 1,2015. (3)PR15-026 –Urban Forest Management Plan &Policies THAT Report No.PR15-026 be received;and THAT the Urban Forest Management Plan and Policy (TAUFMPP), Attachment 1 to Report No.PR15-026,be posted on the Town of Aurora’s website for the purposes of public information and stakeholder notification; and THAT,unless any significant comments or feedback are received from the public or stakeholders that staff determines needs to be brought to Council attention,the (TAUFMPP)be deemed to be adopted by Council effective December 1,2015. (4)IES15-069 –Aurora Family Leisure Complex Additional Modification Requests Referred to Council Meeting of November 24,2015 (Item 1). Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -7 -12 - Council Meeting Minutes Tuesday,November 24,2015 Page 8 of 25 (5)CFS15-046 –Annual Cancellation,Reduction or Refund of Property Taxes under Sections 357 and 358 of the Municipal Act,2001 THAT Report No.CFS15-046 be received;and THAT a meeting be held in accordance with Sections 357 and 358 of the Municipal Act,2001,S.O.2001,c.25 as amended (the “Act”)in respect of the applications filed with the Treasurer by the owners of property listed in this report at which applicants may make representations;and THAT property taxes in the amount $35,747.80 be adjusted pursuant to Section 357 of the Act;and THAT property taxes in the amount of $12,879.66 be adjusted pursuant to Section 358 of the Act;and THAT the associated interest applicable be cancelled in proportion to the property taxes adjusted;and THAT the Director of Corporate &Financial Services/Treasurer be directed to remove said property taxes from the Collector’s Roll to reflect these property tax adjustments. (6)BBS15-013 –Request for Sign Variance to Sign By-law No.4898-07.P for the Canadian Disc Institute at 15000 Yonge Street THAT Item 6 –Request for Sign Variance to Sign By-law No.4898-07.P for the Canadian Disc Institute at 15000 Yonge Street be referred to the Heritage Advisory Committee and the Economic Development Advisory Committee for comments and discussion at their next meetings. (7)BBS15-014 –Request for Sign Variance to Sign By-law No.4898- 07.P for Panera Bread at 15610 Bayview Avenue THAT Report No.BBS15-014 be received;and THAT a request for variance to Sign By-law No.4898-07.P to allow wall signs on four (4)elevations of Panera Bread at 15610 Bayview Avenue, whereas Sign By-law 4898-07.P only permits signs on two (2)elevations, be approved. (8)BBS15-015 –Request for Sign Variance to Sign By-Law No.4898- 07.P for the Canadian Tire at 15400 Bayview Avenue Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -8 -13 - Council Meeting Minutes Tuesday,November 24,2015 Page 9 of 25 THAT Report No.BBS15-015 be received;and THAT a request for variance to Sign By-law No.4898-07.P to allow three (3)wall signs on the east elevation of the Canadian Tire at 15400 Bayview Avenue,whereas Sign By-law 4898-07.P only permits one (1)wall sign,be approved. (9)IES15-064 –Extension of Janitorial Services Contract THAT Report No.IES15-064 be received;and THAT Tender No.IES2010-71 –for Janitorial Services and Supplies be extended to Royal Building Cleaning Ltd.to July 31,2016,an additional six (6)months,for the amount of $225,000 excluding taxes. (10)IES15-068 –Facility Projects Status Report THAT Report No.IES15-068 be received for information. (11)IES15-066 –Supply of Alternative De-icer THAT Report No.IES15-066 be received;and THAT Tender IES15-67 for the supply of Thawrox be awarded to Sifto Compass Minerals Canada Corporation in the value of $260,000 plus taxes per year for a contract period of two (2)years starting January 1,2016;and THAT the Mayor and Town Clerk be authorized to execute the necessary Agreement,including any and all documents and ancillary agreements required to give effect to same. (12)IES15-067 –Purchase Order Increase to Purchase Water Meters for 2C THAT Report No.IES15-067 be received;and THAT the purchase order for the supply of water meters from Wamco Municipal Products Inc.be increased by $133,000 to a revised amount of $270,000,excluding taxes;and THAT the budget for water meter supply expenses be increased by $120,000 and that the revenue for water meter sales be increased by $138,000,be approved. Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -9 -14 - Council Meeting Minutes Tuesday,November 24,2015 Page 10 of 25 (13)PR15-036 –Purchase Order Increase for Street Tree Pruning and Removal THAT Report No.PR15-036 be received;and THAT Purchase Order 2014000002 (Weller Tree Services Ltd.)be increased by $70,000.00,excluding taxes;and THAT the option to renew the Arboriculture Services contract be exercised for the third and final year of the Contract ending December 31,2016. (14)PR15-037 –Culture &Recreation Grant Bi-Annual Allocation for September 2015 THAT Report No.PR15-037 be received for information. (15)PR15-038 –Aurora Seniors’Centre Operating Agreement Renewal 2016-2021 THAT Report No.PR15-038 be received;and THAT the Amended Operating Agreement between the Aurora Seniors Association and the Town of Aurora be approved;and THAT the Mayor and Town Clerk be authorized to execute the Operating Agreement Renewal 2016-2021 with the Aurora Seniors Association including any and all documents and ancillary agreements required to give effect to same. (16)PL15-085 –Delegated Development Agreements,2015 Summary Report THAT Report No.PL15-085 be received for information. (17)Central York Fire Services (CYFS)–Joint Council Committee (JCC) Meeting Minutes of June 2,July 21,September 8,and October 13,2015 THAT the Central York Fire Services –Joint Council Committee meeting minutes of June 2,2015,July 21,2015,September 8,2015,and October 13, 2015,be received;and Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -10 -15 - Council Meeting Minutes Tuesday,November 24,2015 Page 11 of 25 THAT the Central York Fire Services –Joint Council Committee,at its meeting of October 13,2015,recommended to Council: 3.Corporate Services Report –Financial Services 2015-46,dated September 22,2015 regarding Central York Fire Services Reserve Fund THAT Corporate Services Report -Financial Services 2015-46 dated September 22,2015 regarding Central York Fire Services Reserve Fund be received and the following recommendations be adopted: THAT JCC set a target level for the CYFS Reserve fund as proposed in this report; AND THAT any 2015 CYFS operating surplus be allocated back to each municipality based on their budgeted allocation percentage; AND THAT JCC recommend that the Councils of each municipality waive the requirements specified in Schedule D of the Fire/Emergency Services Agreement between the Town of Aurora and the Town of Newmarket dated November 1,2001,in this one instance. 3.LLS15-068 –General Committee Closed Session Report of November 17, 2015 THAT Report No.LLS15-068 be received;and THAT the following recommendation from the General Committee Closed Session meeting of November 17,2015,be adopted: 1.Personal matters about an identifiable individual,including a Town or Local Board employee (section 239(2)(b)of the Municipal Act,2001); Re:LLS15-067 –Appointments to the Heritage Advisory Committee THAT the appointment of two (2)Citizen Members to the Heritage Advisory Committee as recommended by General Committee in Closed Session on November 17,2015 be approved;and THAT these appointments be effective as of December 1,2015;and Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -11 -16 - Council Meeting Minutes Tuesday,November 24,2015 Page 12 of 25 THAT staff be directed to report out the names of citizen members appointed to the Heritage Advisory Committee upon adoption of this resolution. THAT,in respect to the recruitment of a Chief Administrative Officer for the Town,the Interim Chief Administrative Officer be directed and authorized to proceed as discussed in the Closed Session General Committee meeting of November 17,2015. 4.Memorandum from Interim Chief Administrative Officer Re:Chief Administrative Officer Candidate Interviews –Delegation of Authority to General Committee THAT the memorandum “Chief Administrative Officer Candidate Interview – Delegation to General Committee”be received;and THAT General Committee be directed and authorized to conduct interviews of candidates for the Chief Administrative Officer (“CAO”)position,and to make a recommendation to Council on the appointment of a Chief Administrative Officer for the Town;and THAT notwithstanding anything in the Procedural By-law to the contrary,the Mayor be authorized to call Special General Committee meetings,as required,to conduct interviews of candidates for the CAO position,with the following Order of Business: (a)Declarations of Pecuniary Interest and General Nature Thereof (b)Approval of the Agenda (c)Consideration of Business For Which Notice Was Given (d)Adjournment 5.Memorandum from Acting Director of Legal &Legislative Services/ Associate Solicitor Re:Highland Gate Developments Inc.–Appeal to the Ontario Municipal Board THAT the memorandum regarding Highland Gate Developments Inc.–Appeal to the Ontario Municipal Board be received for information. CARRIED 8.DELEGATIONS Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -12 -17 - Council Meeting Minutes Tuesday,November 24,2015 Page 13 of 25 (a)Janet Matthews,Resident Re:Item 1 –IES15-069 –Aurora Family Leisure Complex (AFLC) Additional Modification Requests Ms.Matthews spoke in support of opening the north door at the AFLC.She discussed the importance of making accommodations for the aging demographic, and spoke in support of fob access entry. Moved by Councillor Humfryes Seconded by Councillor Kim THAT the comments of Janet Matthews be received and referred to Item 1. CARRIED (b)Kirk Corkery,Chair of Regimental Council,The Queen’s York Rangers Re:Motion (b)Councillor Abel;Re:Deployment of Light Armoured Vehicle (LAV)at the Aurora Cenotaph (Added Item) Mr.Corkery spoke in support of installing the LAV at the Aurora Cenotaph.He discussed the appropriateness of the LAV at the Aurora Cenotaph,and explained the significance of the LAV as a token of remembrance. Moved by Councillor Thompson Seconded by Councillor Mrakas THAT the comments of Kirk Corkery be received and referred to Motion for Which Notice Has Been Given (b). CARRIED (c)Susan Walmer,Resident Re:Motion (a)Councillor Gaertner;Re:Highland Gate Developments Inc. Reports (Added Item) Ms.Walmer spoke in support of Councillor Gaertner’s motion,and requested that the Town’s minimum growth targets be investigated as the Town moves forward through the OMB hearing process. Moved by Councillor Thompson Seconded by Councillor Gaertner Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -13 -18 - Council Meeting Minutes Tuesday,November 24,2015 Page 14 of 25 THAT the comments of Susan Walmer be received and referred to Motion for Which Notice Has Been Given (a). CARRIED (d)Ken White,Royal Canadian Legion Re:Motion (b)Councillor Abel;Re:Deployment of Light Armoured Vehicle (LAV)at the Aurora Cenotaph (Added Item) Mr.White spoke in support of installing the LAV at the Aurora Cenotaph. Moved by Councillor Humfryes Seconded by Councillor Kim THAT the comments of Ken White be received and referred to Motion for Which Notice Has Been Given (b). CARRIED 9.CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1.IES15-069 –Aurora Family Leisure Complex Additional Modification Requests Main motion Moved by Councillor Mrakas Seconded by Councillor Abel THAT Report No.IES15-069 be received;and THAT staff proceed with the modifications to the north pool access door for entrance by those with qualified disabilities at a budget requirement of $15,000 with funding provided from the Facilities Repair and Replacement Reserve;and THAT staff proceed with the purchase of new lockers in the amount of $166,000 with funding provided from the Facilities Repair and Replacement Reserve;and THAT staff monitor the operation and performance of the Aurora Family Leisure Complex areas being considered for additional modification as outlined in Report No.IES15-069 for a 12-month period;and THAT staff consider any additional projects outlined in Report No.IES15-069 in the 2017 Capital Budget. Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -14 -19 - Council Meeting Minutes Tuesday,November 24,2015 Page 15 of 25 Amendment No.1 Moved by Councillor Mrakas Seconded by Councillor Humfryes THAT the second clause of the main motion be amended by replacing the words “those with qualified disabilities”with the words “all members”. On a recorded vote the amendment was DEFEATED YEAS:2 NAYS:7 VOTING YEAS:Councillors Humfryes and Mrakas VOTING NAYS:Councillors Abel,Gaertner,Kim,Pirri, Thom,Thompson and Mayor Dawe Amendment No.2 Moved by Councillor Gaertner Seconded by Councillor Humfryes THAT the second clause of the main motion be amended by adding the words “and mobility challenges“after the word “disabilities”. On a recorded vote the amendment CARRIED YEAS:7 NAYS:2 VOTING YEAS:Councillors Abel,Gaertner,Humfryes, Kim,Mrakas,Thom,and Mayor Dawe VOTING NAYS:Councillors Pirri and Thompson Main motion as amended Moved by Councillor Mrakas Seconded by Councillor Abel THAT Report No.IES15-069 be received;and THAT staff proceed with the modifications to the north pool access door for entrance by those with qualified disabilities and mobility challenges at a budget requirement of $15,000 with funding provided from the Facilities Repair and Replacement Reserve;and THAT staff proceed with the purchase of new lockers in the amount of $166,000 with funding provided from the Facilities Repair and Replacement Reserve;and THAT staff monitor the operation and performance of the Aurora Family Leisure Complex areas being considered for additional modification as outlined in Report No.IES15-069 for a 12-month period;and Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -15 -20 - Council Meeting Minutes Tuesday,November 24,2015 Page 16 of 25 THAT staff consider any additional projects outlined in Report No.IES15-069 in the 2017 Capital Budget. On a recorded vote the third clause of the main motion as amended was DEFEATED YEAS:0 NAYS:9 VOTING YEAS:None VOTING NAYS:Councillors Abel,Gaertner,Humfryes Kim, Mrakas,Pirri,Thom,Thompson and Mayor Dawe On a recorded vote the first,second,fourth and fifth clauses of the main motion as amended CARRIED YEAS:9 NAYS:0 VOTING YEAS:Councillors Abel,Gaertner,Humfryes Kim, Mrakas,Pirri,Thom,Thompson and Mayor Dawe VOTING NAYS:None 2.General Committee Meeting Report of November 17,2015 (1)Memorandum from the Director of Parks &Recreation Services Re:Tree Protection By-law Motion to defer Moved by Councillor Thompson Seconded by Councillor Mrakas THAT Item 2(1)-Memorandum from the Director of Parks &Recreation Services Re:Tree Protection By-law be deferred to the Council meeting of December 8, 2015. CARRIED 10.NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (ii)Motions for Which Notice Has Been Given (a)Councillor Gaertner Re:Highland Gate Developments Inc.Reports On a motion of Councillor Thompson seconded by Councillor Kim,Council consented to consider Motion for Which Notice Has Been Given (a)prior to consideration of Item 1. Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -16 -21 - Council Meeting Minutes Tuesday,November 24,2015 Page 17 of 25 On a motion of Councillor Mrakas seconded by Councillor Kim,Council consented on a two- thirds vote to waive the requirements of subsection 8.1 of the Procedural By-law to permit the introduction of Motion for Which Notice Has Been Given (a),Councillor Gaertner;Re: Highland Gate Development Inc.Reports. Moved by Councillor Gaertner Seconded by Councillor Kim WHEREAS it is right and prudent for Council to ensure that a comprehensive,transparent and fair Public Planning process is conducted re the proposed Draft Plan of Subdivision,Official Plan Amendment and Zoning By-law Amendment submitted by Highland Gate Developments Inc. (the “Highland Gate application”);and WHEREAS the Planning Act provides for planning processes that are fair by making them open and accessible to ensure public knowledge and understanding of all facts relevant to a proposed planning application;and WHEREAS it is the Town's role to ensure that facts are known and understood by all interested parties;and WHEREAS it is possible for the Town to supply detailed factual information to the public without compromising the process;and WHEREAS clarification of the significance of what has been commonly referred to as the one-foot buffers under the control of the Town of Aurora, to both the developer and residents,is crucial;and the criteria and circumstances that would be significant to the Town of Aurora,its residents and all affected property holders as part of the Public Planning process,or any subsequent appeal of any and all decisions resulting from that process needs to be clarified;and WHEREAS the public at a Public Planning meeting was told by the Town of Aurora that no information was found in the Town's records regarding the one-foot buffers;and WHEREAS it is therefore important to know what the common understanding and agreed upon purpose of these buffers were associated with the first development and the subsequent additional re-development of the land and their significance to the municipality,the public and all affected property holders;and WHEREAS it is appropriate for Council to have a full and open discussion on the potential impacts and effects on the residents in the directly affected neighbourhood,their property rights,and their quiet enjoyment of their residency during the construction period and post construction period;and Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -17 -22 - Council Meeting Minutes Tuesday,November 24,2015 Page 18 of 25 WHEREAS the immediate and future economic impacts on the Town of Aurora and all of its taxpayers of the impacts of the proposed application should be well and fully understood by all members of the public; NOW THEREFORE BE IT HEREBY RESOLVED THAT Council direct staff to provide a report including the following: All of the reports and correspondence related to the application from experts,authorities and staff received by the Town;and a report from the department of Parks and Recreation Services; A review and report on the newspaper articles about any and all development related to the subject lands preceding and following the time that the one-foot buffers were established;and at the time of the first redevelopment,in order to establish the publicly expressed terms of the original agreement and its intent; The results of a search,for information about the understanding of the purpose and effect of the one-foot buffer when it was obtained,based on publishing a public notice requesting that any party with knowledge of the decision step forward and provide related historical information to the process;and having a letter sent to all living municipal councillors from the time and to all persons identifiable from the public record at the time as having participated in related public meetings,seeking their best recollections of the facts of the matter; A thorough report produced by expert legal counsel independent of,but to be retained by,the Town of Aurora and reporting to Aurora Town Council as a whole to objectively summarize the facts and frame the legal context of the buffers,as they relate to the proposed development,in order to properly inform the planning process; A report on the potential construction impacts,including noise,dust, road and traffic disruption,implications for public health,placement of construction vehicles and materials,safety-related issues including road,property and personal,effect on existing infrastructure including the ability of roads and subsurface utilities facilities to handle weight and volume of construction vehicles without damage;and quality of life effects on the neighbourhood;and BE IT FURTHER RESOLVED THAT the next Public Planning meeting be held once this information has been provided first at a Council meeting;and BE IT FURTHER RESOLVED THAT Council,having received the aforementioned information,then make the decision on the appropriate Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -18 -23 - Council Meeting Minutes Tuesday,November 24,2015 Page 19 of 25 date and time for the next Public Planning meeting concerning the Highland Gate application. Amendment No.1 Moved by Councillor Gaertner Seconded by Councillor Thompson THAT the main motion be amended by replacing the second and third operative clauses with the following clause: “BE IT FURTHER RESOLVED THAT this information be disclosed publically at a future General Committee meeting,well ahead of an appeal being heard at the Ontario Municipal Board.” CARRIED Amendment No.2 Moved by Councillor Gaertner Seconded by Councillor Thompson THAT the main motion be amended by adding the following bullet point to the first operative clause: “A report on growth targets for the Town,including how Aurora is meeting or exceeding its growth targets” CARRIED Amendment No.3 Moved by Councillor Gaertner Seconded by Councillor Mrakas THAT the main motion be amended by adding the following bullet point to the first operative clause: “A report on whether the Highland Gate Developments Inc. application will impact the Parks and Recreation Master Plan” CARRIED Main motion as amended Moved by Councillor Gaertner Seconded by Councillor Kim WHEREAS it is right and prudent for Council to ensure that a comprehensive,transparent and fair Public Planning process is conducted Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -19 -24 - Council Meeting Minutes Tuesday,November 24,2015 Page 20 of 25 re the proposed Draft Plan of Subdivision,Official Plan Amendment and Zoning By-law Amendment submitted by Highland Gate Developments Inc. (the “Highland Gate application”);and WHEREAS the Planning Act provides for planning processes that are fair by making them open and accessible to ensure public knowledge and understanding of all facts relevant to a proposed planning application;and WHEREAS it is the Town's role to ensure that facts are known and understood by all interested parties;and WHEREAS it is possible for the Town to supply detailed factual information to the public without compromising the process;and WHEREAS clarification of the significance of what has been commonly referred to as the one-foot buffers under the control of the Town of Aurora, to both the developer and residents,is crucial;and the criteria and circumstances that would be significant to the Town of Aurora,its residents and all affected property holders as part of the Public Planning process,or any subsequent appeal of any and all decisions resulting from that process needs to be clarified;and WHEREAS the public at a Public Planning meeting was told by the Town of Aurora that no information was found in the Town's records regarding the one-foot buffers;and WHEREAS it is therefore important to know what the common understanding and agreed upon purpose of these buffers were associated with the first development and the subsequent additional re-development of the land and their significance to the municipality,the public and all affected property holders;and WHEREAS it is appropriate for Council to have a full and open discussion on the potential impacts and effects on the residents in the directly affected neighbourhood,their property rights,and their quiet enjoyment of their residency during the construction period and post construction period;and WHEREAS the immediate and future economic impacts on the Town of Aurora and all of its taxpayers of the impacts of the proposed application should be well and fully understood by all members of the public; NOW THEREFORE BE IT HEREBY RESOLVED THAT Council direct staff to provide a report including the following: Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -20 -25 - Council Meeting Minutes Tuesday,November 24,2015 Page 21 of 25 All of the reports and correspondence related to the application from experts,authorities and staff received by the Town;and a report from the department of Parks and Recreation Services; A review and report on the newspaper articles about any and all development related to the subject lands preceding and following the time that the one-foot buffers were established;and at the time of the first redevelopment,in order to establish the publicly expressed terms of the original agreement and its intent; The results of a search,for information about the understanding of the purpose and effect of the one-foot buffer when it was obtained,based on publishing a public notice requesting that any party with knowledge of the decision step forward and provide related historical information to the process;and having a letter sent to all living municipal councillors from the time and to all persons identifiable from the public record at the time as having participated in related public meetings,seeking their best recollections of the facts of the matter; A thorough report produced by expert legal counsel independent of,but to be retained by,the Town of Aurora and reporting to Aurora Town Council as a whole to objectively summarize the facts and frame the legal context of the buffers,as they relate to the proposed development,in order to properly inform the planning process; A report on the potential construction impacts,including noise,dust, road and traffic disruption,implications for public health,placement of construction vehicles and materials,safety-related issues including road,property and personal,effect on existing infrastructure including the ability of roads and subsurface utilities facilities to handle weight and volume of construction vehicles without damage;and quality of life effects on the neighbourhood; A report on growth targets for the Town,including how Aurora is meeting or exceeding its growth targets; A report on whether the Highland Gate Developments Inc.application will impact the Parks and Recreation Master Plan;and BE IT FURTHER RESOLVED THAT this information be disclosed publically at a future General Committee meeting,well ahead of an appeal being heard at the Ontario Municipal Board. On a recorded vote the main motion CARRIED AS AMENDED Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -21 -26 - Council Meeting Minutes Tuesday,November 24,2015 Page 22 of 25 YEAS:8 NAYS:1 VOTING YEAS:Councillors Abel,Gaertner,Humfryes, Kim,Mrakas,Thom,Thompson and Mayor Dawe VOTING NAYS:Councillor Pirri (b)Councillor Abel Re:Deployment of Light Armoured Vehicle (LAV)at the Aurora Cenotaph Withdrawn (c)Councillor Abel Re:Regional GO Transit Shuttle Motion to defer Moved by Councillor Abel Seconded by Councillor Thompson THAT Motion for Which Notice Has Been Given (c)Councillor Abel,Re: Regional Go Transit Shuttle be deferred to the Council meeting of December 8,2015. CARRIED (d)Councillor Abel Re:Temperance Street Cultural Precinct Motion to defer Moved by Councillor Abel Seconded by Councillor Thompson THAT Motion for Which Notice Has Been Given (d)Councillor Abel,Re: Temperance Street Cultural Precinct be deferred to the Council meeting of December 8,2015. CARRIED 11.REGIONAL REPORT None Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -22 -27 - Council Meeting Minutes Tuesday,November 24,2015 Page 23 of 25 12.NEW BUSINESS/GENERAL INFORMATION None 13.READING OF BY-LAWS Moved by Councillor Thom Seconded by Councillor Abel Council consented to considering the Reading of By-laws following the consideration of Closed Session Items 1 and 2. THAT the following by-laws be given first,second,and third readings and enacted: 5770-15 BEING A BY-LAW to establish a schedule of fees and charges for municipal services,activities and the use of property within the Town of Aurora (Fees and Charges By-law). 5780-15 BEING A BY-LAW to declare as surplus and sell municipal lands (40 Eric T.Smith Way/180 Goulding Avenue). 5787-15 BEING A BY-LAW to amend By-law Number 5707-15,to appoint Municipal By-law Enforcement Officers and Property Standards Officers for The Corporation of the Town of Aurora;and THAT the following confirming by-law be given first,second,and third readings and enacted: 5789-15 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting on November 27,2015. CARRIED 14.CLOSED SESSION On a motion of Councillor Thompson seconded by Councillor Pirri,Council consented to consider Closed Session Items 1 and 2 following consideration of Item 1. Moved by Councillor Pirri Seconded by Councillor Kim THAT Council resolve into Closed Session to consider the following matters: 1.A proposed or pending acquisition or disposition of land by the Town or Local Board (section 239 (2)(c)of the Municipal Act,2001);Re:Report No.PR15-042 –Ivy Jay Farm Grassland Land Acquisition Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -23 -28 - Council Meeting Minutes Tuesday,November 24,2015 Page 24 of 25 2.A proposed or pending acquisition or disposition of land by the Town or Local Board (section 239(2)(c)of the Municipal Act,2001);Re:Offer to Sell –Aurora Promenade Area –Verbal Update from the Director of Parks and Recreation Services (Added Item) CARRIED Moved by Councillor Mrakas Seconded by Councillor Thom THAT Council resolve into Closed Session to consider the following matters: 3.Litigation or potential litigation including matters before administrative tribunals or a Local Board (section 239(2)(e)of the Municipal Act,2001);Re:Highland Gate Developments Inc.,Ontario Municipal Board (OMB)Appeal. (Added Item –on approval of the agenda,Council consented to consider Closed Session Item 3 prior to Delegations) CARRIED Moved by Councillor Thom Seconded by Councillor Pirri THAT the Council meeting be reconvened into open session to rise and report from Closed Session on Items 1 and 2. CARRIED 1.A proposed or pending acquisition or disposition of land by the Town or Local Board (section 239 (2)(c)of the Municipal Act,2001);Re:Report No. PR15-042 –Ivy Jay Farm Grassland Land Acquisition Moved by Councillor Abel Seconded by Councillor Mrakas THAT confidential Closed Session Report No.PR15-042 be received. CARRIED 2.A proposed or pending acquisition or disposition of land by the Town or Local Board (section 239(2)(c)of the Municipal Act,2001);Re:Offer to Sell –Aurora Promenade Area –Verbal Update from the Director of Parks and Recreation Services (Added Item) Moved by Councillor Abel Seconded by Councillor Thom Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -24 -29 - Council Meeting Minutes Tuesday,November 24,2015 Page 25 of 25 THAT the confidential Closed Session verbal update of Director of Parks and Recreation Services be received for information. CARRIED Moved by Councillor Pirri Seconded by Councillor Kim THAT the Council meeting be reconvened into open session to rise and report from Closed Session on Item 3. CARRIED 3.Litigation or potential litigation including matters before administrative tribunals or a Local Board (section 239(2)(e)of the Municipal Act,2001); Re:Highland Gate Developments Inc.,Ontario Municipal Board (OMB) Appeal (Added Item) Moved by Councillor Pirri Seconded by Councillor Kim THAT in respect to the Highland Gate Developments Inc.OMB Appeal,staff be directed to continue to engage with the Highland Gate Ratepayers Association and Highland Gate Developments Inc.as discussed in Closed Session on November 24,2015. CARRIED 15.ADJOURNMENT Moved by Councillor Kim Seconded by Councillor Pirri THAT the meeting be adjourned at 11:06 p.m. CARRIED GEOFFREY DAWE,MAYOR STEPHEN M.A.HUYCKE,TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF NOVEMBER 24,2015,ARE SUBJECT TO FINAL APPROVAL BY COUNCIL ON DECEMBER 8,2015. Council Meeting Agenda Tuesday,December 8,2015 Council Minutes Page -25 -30 - TOWN OF AURORA SPECIAL COUNCIL –PUBLIC PLANNING MEETING MINUTES Council Chambers Aurora Town Hall Wednesday,November 25,2015 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair;Councillors Abel (arrived 7:07 p.m.),Gaertner (arrived 7:04 p.m.),Mrakas,Pirri,Thom, and Thompson MEMBERS ABSENT Councillors Humfryes and Kim OTHER ATTENDEES Director of Planning and Development Services,Planners, Deputy Clerk,and Council/Committee Secretary Mayor Dawe called the meeting to order at 7:02 p.m. 1.DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 2.APPROVAL OF THE AGENDA Moved by Councillor Thom Seconded by Councillor Pirri THAT the agenda as circulated by Legal and Legislative Services be approved. CARRIED Council Meeting Agenda Tuesday,December 8,2015 Public Planning Minutes Nov.25 Page -1 -31 - Special Council –Public Planning Meeting Minutes Wednesday,November 25,2015 Page 2 of 5 3.PLANNING APPLICATIONS Mayor Dawe outlined the procedures that would be followed in the conduct of the public meeting.The Deputy Clerk confirmed that the appropriate notice had been given in accordance with the relevant provisions of the Planning Act. 1.PL15-080 –Applications for Official Plan Amendment and Zoning By-law Amendment,Carpino Construction Inc.,15278 Yonge Street, File Numbers:OPA-2015-04,ZBA-2015-10,Related File:SP- 2015-08 Planning Staff The Planner,Mr.Drew MacMartin,presented a brief overview of the application and staff report,including background information related to the proposed Official Plan Amendment,to address stand-alone and first-floor residential land use policies,and the proposed Zoning By-law Amendment to rezone the subject lands from “Central Commercial (C2)Zone”to “Row Dwelling Residential (R6- XX)Exception Zone”,to permit 126 stacked,back-to-back townhouse condominium dwelling units within six separate,four-storey buildings. Consultant Ms.Joan MacIntyre,of Malone Given Parsons Ltd.,on behalf of the site owner and builder,Treasure Hill,provided background information on Treasure Hill and an overview of the proposal,previous site uses,surrounding land uses,site and floor plans,and traffic study. Public Comments Aurora residents,including John Bridgeman,Margaret Fairey,Fiona Gagnier, Marcel Gagnier,Gail McIntyre,Stephen Mills,Glen Payne,Carmine Perrelli, Martin Reddick,Michael Uetz,Hugh Walker,and Kevin Walker,expressed their concerns and suggestions on the following matters: Viability of Tannery Creek,stormwater drainage Existing spring and groundwater issues Street parking,U-turns,and shortcut to Yonge Street Lack of on-site unit parking and visitor parking Parking overflow from subject lands onto Machell Avenue Sole ingress and egress from Machell Avenue to subject lands and no access from Yonge Street Snow removal Pedestrian experience not enhanced Council Meeting Agenda Tuesday,December 8,2015 Public Planning Minutes Nov.25 Page -2 -32 - Special Council –Public Planning Meeting Minutes Wednesday,November 25,2015 Page 3 of 5 Opening between retaining walls,potential trespassing across private property,public safety and liability issues Lack of mixed use,commercial,arts,green space,and greenery Unit density too high Architectural building design Lack of conformity with neighbourhood Proposed building height not in form and character with surrounding neighbourhood Increased traffic congestion,already very busy area during summer Potential safety issues with children at local park Road grade and narrowness of Machell Avenue Shadow impacts on Machell Avenue as a result of the proposed development (angular plane) Revitalization and implementation of Community Improvement Plan (CIP) Consideration re inclusion of the three properties north of subject lands Consultant Ms.MacIntyre addressed the concerns regarding parking,shadowing,density, Tannery Creek,drainage,site access,conformity with neighbourhood and Aurora Promenade,and commercial uses.Mr.Richard Pernicky,traffic consultant for the applicant,addressed the concerns regarding traffic and the traffic impact study,parking,and visitor parking. Planning Staff Mr.Marco Ramunno,Director of Planning and Development Services, addressed the concerns regarding parking,mixed use,intensification goals,the three properties north of the subject lands,and the retaining walls. Moved by Councillor Gaertner Seconded by Councillor Mrakas THAT Report No.PL15-080 be received;and THAT comments presented at the Public Planning meeting be addressed by Planning &Development Services in a comprehensive report outlining recommendations and options at a future Public Planning meeting. CARRIED 2.PL15-086 –Application for Zoning By-law Amendment,Small Steps Programs Inc.,138 Centre Street,Part of Lot 2 (North of Centre Street,East of Railroad),Registered Plan 107,File Number: ZBA-2015-11,Related File:SP-2015-09 Council Meeting Agenda Tuesday,December 8,2015 Public Planning Minutes Nov.25 Page -3 -33 - Special Council –Public Planning Meeting Minutes Wednesday,November 25,2015 Page 4 of 5 Planning Staff The Planner,Mr.Marty Rokos,presented a brief overview of the application and staff report,including background information related to the proposed Zoning By- law Amendment to permit a day nursery in addition to the permitted employment uses of the “Restricted Industrial (M1-A)Exception Zone”,and site-specific exceptions related to lot area and frontage,interior side yard,parking,driveway width,and buffer strips. Consultant Mr.Matt Bagnall,of Larkin Associates,on behalf of the applicant,presented a brief overview of the applicant’s proposal and information regarding the operations of the proposed day care facility including business hours and staffing,parking and traffic considerations,landscaping,and accessibility. Public Comments Ms.Terri Barber,resident of Centre Street,expressed concerns regarding parking,drop-off space,play space,and safety issues. Moved by Councillor Thompson Seconded by Councillor Mrakas THAT Report No.PL15-086 be received;and THAT comments presented at the Public Planning meeting be addressed by Planning &Development Services in a comprehensive report outlining recommendations and options at a future Public Planning meeting. CARRIED 4.READING OF BY-LAW Moved by Councillor Abel Seconded by Councillor Thom THAT the following confirming by-law be given first,second,and third readings and enacted: 5790-15 BEING A BY-LAW to Confirm Actions by Council Resulting from Special Council –Public Planning Meeting on November 25,2015. CARRIED Council Meeting Agenda Tuesday,December 8,2015 Public Planning Minutes Nov.25 Page -4 -34 - Special Council –Public Planning Meeting Minutes Wednesday,November 25,2015 Page 5 of 5 5.ADJOURNMENT Moved by Councillor Pirri Seconded by Councillor Gaertner THAT the meeting be adjourned at 10:09 p.m. CARRIED __________________________________________________________________ GEOFFREY DAWE,MAYOR PATTY THOMA,DEPUTY CLERK THE MINUTES OF THE SPECIAL COUNCIL –PUBLIC PLANNING MEETING OF NOVEMBER 25,2015 ARE SUBJECT TO FINAL APPROVAL BY COUNCIL ON DECEMBER 8,2015. Council Meeting Agenda Tuesday,December 8,2015 Public Planning Minutes Nov.25 Page -5 -35 - TOWN OF AURORA SPECIAL COUNCIL –PUBLIC PLANNING MEETING MINUTES Council Chambers Aurora Town Hall Monday,November 30,2015 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair;Councillors Abel (arrived 7:32 p.m.),Gaertner (arrived 7:03 p.m.),Humfryes (arrived 7:11 p.m.),Kim,Mrakas,Pirri,Thom,and Thompson MEMBERS ABSENT None OTHER ATTENDEES Director of Planning and Development Services,Planners, Deputy Clerk,and Council/Committee Secretary Mayor Dawe called the meeting to order at 7 p.m. 1.DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 2.APPROVAL OF THE AGENDA Moved by Councillor Pirri Seconded by Councillor Kim THAT the agenda as circulated by Legal and Legislative Services be approved. CARRIED 3.PLANNING APPLICATIONS Council Meeting Agenda Tuesday,December 8,2015 Public Planning Minutes Nov.30 Page -1 -36 - Special Council –Public Planning Meeting Minutes Monday,November 30,2015 Page 2 of 4 Mayor Dawe outlined the procedures that would be followed in the conduct of the public meeting.The Deputy Clerk confirmed that the appropriate notice had been given in accordance with the relevant provisions of the Planning Act. 1.PL15-081 –Proposed Zoning By-law Amendment Rod Coutts and Brian Coutts 14314 &14338 Yonge Street File:ZBA-2015-07 Planning Staff The Planner,Mr.Drew MacMartin,presented a brief overview of the application and staff report,including background information related to the proposed Zoning By-law Amendment application to permit the rezoning of the subject lands from “Rural (RU-ORM)Oak Ridges Moraine”to “Institutional (I-XX) Exception Zone”and allow a four (4)storey Senior’s independent and assisted living facility consisting of 250 suites. Consultant Mr.Claudio Brutto,on behalf of the applicant,noted that there is growing demand for full-service seniors care facilities in Aurora,and that a four storey building would be appropriate for this location.He explained that timing is important with this project,as there is other construction in the area and the applicant would like to build at the same time to minimize disruption on Yonge Street. Public Comments No members of the public came forward. Moved by Councillor Pirri Seconded by Councillor Mrakas THAT Report No.PL15-081 be received;and THAT comments presented at the Public Planning meeting be addressed by Planning &Development Services in a comprehensive report outlining recommendations and options at a future General Committee meeting. CARRIED Council Meeting Agenda Tuesday,December 8,2015 Public Planning Minutes Nov.30 Page -2 -37 - Special Council –Public Planning Meeting Minutes Monday,November 30,2015 Page 3 of 4 2.PL15-088 –Applications for Official Plan Amendment,Zoning By-law Amendment and Draft Plan of Subdivision Ashlen Holdings Inc. 13859,13875,13887 Yonge Street Part of Lots 15 &16,Registered Plan 166 File Nos.:OPA-2015-03,SUB-2015-04,ZBA-2015-08 Planning Staff The Planner,Mr.Marty Rokos,presented a brief overview of the application and staff report,including background information related to the proposed development of 42 detached dwelling lots,three open space blocks,and trails. He noted that the applicant is proposing a site specific Official Plan amendment related to density,building coverage,and buffer from Estate Residential designations,and the rezoning of the subject lands from “Estate Residential (ER)Zone”to “Detached Dwelling Second Density (R2)Exception Zone”.Mr. Rokos indicated that recent comments received from the public raised concerns regarding density,public notification signage,wildlife,and parking. Consultant Mr.Claudio Brutto,on behalf of the applicant,explained that the size of the lots and number of lots is appropriate for the location,and that similar developments have greater residential housing densities.He also indicated that there would be a reasonable buffer between the lots on the north side of the property and the houses on Hunters Glen Road.Mr.Brutto advised that there the applicant will continue to work with the residents. Public Comments Mr.John Green,resident of Hunters Glen Road and a board member of the Ratepayers of Aurora Yonge Street South (RAYS),raised concerns that residents have regarding density,parking,wildlife,property values,the vulnerability of the aquafer in the north east corner of the subject lands,the lack of buffer between the proposed lots and the lots on Hunter’s Glen Road,and the number of exemptions requested by the applicant. Ms.Susan Walmer,resident of Marsh Harbour,expressed concerns regarding the buffer zone between the proposed subdivision and the lots on Hunters Glen Road,the density of the proposed subdivision,and the growth targets for the Town. Mr.Warren McClure,resident of Steeplechase Avenue and board member of RAYS,expressed concerns regarding density and setting precedents for future developments,and acknowledged that the developer has been working with residents. Council Meeting Agenda Tuesday,December 8,2015 Public Planning Minutes Nov.30 Page -3 -38 - Special Council –Public Planning Meeting Minutes Monday,November 30,2015 Page 4 of 4 Moved by Councillor Pirri Seconded by Councillor Thom THAT Report No.PL15-088 be received;and THAT comments presented at the Public Planning meeting be addressed by Planning &Development Services in a comprehensive report outlining recommendations and options at a future Public Planning meeting. CARRIED 4.READING OF BY-LAW Moved by Councillor Thom Seconded by Councillor Pirri THAT the following confirming by-law be given first,second,and third readings and enacted: 5793-15 BEING A BY-LAW to Confirm Actions by Council Resulting from Special Council –Public Planning Meeting on November 30,2015. CARRIED 5.ADJOURNMENT Moved by Councillor Gaertner Seconded by Councillor Mrakas THAT the meeting be adjourned at 8:52 p.m. CARRIED __________________________________________________________________ GEOFFREY DAWE,MAYOR PATTY THOMA,DEPUTY CLERK THE MINUTES OF THE SPECIAL COUNCIL –PUBLIC PLANNING MEETING OF NOVEMBER 30,2015 ARE SUBJECT TO FINAL APPROVAL BY COUNCIL ON DECEMBER 8,2015. Council Meeting Agenda Tuesday,December 8,2015 Public Planning Minutes Nov.30 Page -4 -39 - PRESENTATION REQUEST This Presentation form and any written submissions or background information for consideration by either Council or Committees of Council must be submitted to the Clerk’s office by the following deadline: 4:30 P.M.ON THE BUSINESS DAY PRIOR TO THE REQUESTED MEETING DATE COUNCIL/COMMITTEE/ADVISORY COMMITTEE DATE:Council,December 8,2015 SUBJECT:AODA 10th Anniversary Champion Award NAME OF SPOKESPERSON:Chris Catania,Accessibility Advisor,Town of Aurora, and Patricia Dignard,Educational Assistant,York Catholic District School Board NAME OF GROUP OR PERSON(S)BEING REPRESENTED (if applicable): Matthew Abas,AODA 10th Anniversary Award recipient BRIEF SUMMARY OF ISSUE OR PURPOSE OF PRESENTATION: The AODA 10th Anniversary Champion Award recognizes outstanding individuals who demonstrate leadership in accessibility,disability issues,passion,and commitment in the promotion and awareness of accessibility and inclusiveness in their community. PLEASE COMPLETE THE FOLLOWING: Have you been in contact with a Town staff or Council member regarding your matter of interest? Yes No IF YES,WITH WHOM?Chris Catania DATE November 10,2015 I I acknowledge that the Procedural By-law permits ten (10)minutes for Presentations. Legal and Legislative Services 905-727-3123 CSecretariat@aurora.ca Town of Aurora 100 John West Way,Box 1000 Aurora,ON L4G 6J1 X X Council Meeting Agenda Tuesday,December 8,2015 Presentation (a)Page -1 -40 - PRESENTATION REQUEST This Presentation form and any written submissions or background information for consideration by either Council or Committees of Council must be submitted to the Clerk’s office by the following deadline: 4:30 P.M.ON THE BUSINESS DAY PRIOR TO THE REQUESTED MEETING DATE COUNCIL/COMMITTEE/ADVISORY COMMITTEE DATE:Council,December 8,2015 SUBJECT:Cultural Precinct Plan Final Report NAME OF SPOKESPERSON:Michael Stott,President and Sarah Millar,Senior Planner NAME OF GROUP OR PERSON(S)BEING REPRESENTED (if applicable): FOTENN BRIEF SUMMARY OF ISSUE OR PURPOSE OF PRESENTATION: To present the final report for the Cultural Precinct area. PLEASE COMPLETE THE FOLLOWING: Have you been in contact with a Town staff or Council member regarding your matter of interest? Yes No IF YES,WITH WHOM?Allan Downey,Director,PRS DATE:Sept-Dec 2015 I I acknowledge that the Procedural By-law permits ten (10)minutes for Presentations. Legal and Legislative Services 905-727-3123 CSecretariat@aurora.ca Town of Aurora 100 John West Way,Box 1000 Aurora,ON L4G 6J1 X X Council Meeting Agenda Tuesday,December 8,2015 Presentation (b)Page -1 -41 - DATE:October 20,2015 TO:Mayor Dawe and Members of Council FROM:Allan D.Downey,Director of Parks and Recreation Services RE:Tree Protection By-law RECOMMENDATIONS THAT the memorandum regarding Tree Protection By-law be received for information. BACKGROUND On May 26,2015,Council directed staff to place the Draft Tree Protection By-law on a future General Committee agenda for discussion and direction.Council further directed staff to include all previous reports on this matter.Attached are copies of all staff reports on the Draft Tree Protection By-law which summarizes all previous discussion on this matter. Council also directed staff to provide Council with options for meeting dates for the public to offer comments on the Draft Tree Protection By-law.Staff will propose meeting dates should Council direct this matter to go forward. ATTACHMENTS Attachment #1 -PR14-004 January 14,2014 Tree Protection By-law Attachment #2 -PR12-001 January 24,2012 Approval of Tree Protection By-law Attachment #3 -PR12-016 April 25,2012 Public Meeting for Proposed Tree Protection By-law Attachment #4 -PR13-046 October 1,2013 Tree Protection By-Law Attachment #5 -Tree Permit By-law Number 4474-03.D 100 John West Way Box 1000 Aurora,Ontario L4G 6J1 Phone:905-727-3123 ext.4752 Email:adowney@aurora.ca www.aurora.ca Town of Aurora Parks and Recreation Services Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -1 -42 - GENERAL COMMITTEE REPORT No.PR14-004 SUBJECT:Tree Protection By-Law FROM:Allan D.Downey,Director of Parks and Recreation Services DATE:January 14,2014 RECOMMENDATIONS THAT Report No.PR14-004 be received;and THAT Council approve the Private Tree Protection By-law as attached. PURPOSE OF THE REPORT To provide Council with the Private Tree Protection By-law effective May 1st,2014. BACKGROUND At the October 1,2013 General Committee meeting,Council engaged in significant discussions concerning several areas of concern within the the revised Private Tree Protection By-law -As a result Council referred the draft By-law back to staff for further revisions prior to releasing the By-law to the public Pursuant to Council direction,the Tree Protection By-law Committee has identified three sections of the draft By-law which were the focus of Council discussion at the October 1,2013 General Committee Meeting as follows: Trees in the Heritage District; Trees on larger residential private property; Trees on golf courses. Staff have attempted to condense the issues surrounding each of these areas of concern and itemized various options that could be considered by Council in further revising the current draft Tree Protection By-law. TOWN OF AURORA Attachment #1 Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -2 -43 - January 14,2014 -2 -Report No.PR14-004 COMMENTS In response to Council direction to provide further revisions to the draft Tree Protection By-law,staff reconvened a meeting with the By-law Review Committee who were initially assigned to review the Tree Protection By-law.This meeting was conducted on November 4,2013. It was the position of the Committee that the recommended by-law was drafted in accordance with the Committees mandate and,as such,the committee did not suggest that revisions be made to the draft By-law at this time.Alternatively,the Committee discussed the three areas of the By-law that appeared to be problematic and suggested the various options that Council may wish to select in arriving at a fair and comprehensive final Private Tree Protection By-law. EXISTING BY-LAW PROPOSED BY-LAW TREES IN THE HERITAGE DISTRICT TREES IN THE HERITAGE DISTRICT ISSUES OPTIONS No special protection measures.Not more than 4 trees greater than 20 centimeters in diameter can be removed in a 12 month period without obtaining a permit. Tree Removal Permit must be obtained to remove any tree within the Heritage District and or classified as a Heritage Tree (see definition in new By-law)and Council approval (following a review by the Heritage Advisory Committee)is required. May be seen as overly restrictive as property owners would be required to obtain a permit to remove a single tree of all sizes including sapling trees Wide application effecting all properties within the designated heritage district,and listed on the Properties of Cultural Heritage Value or Interest (see attached list) 1.Apply the By-law exactly the same as all other areas in Town,i.e.permit removal two trees of any size within a 12 month period. 2.Require a permit for removal of any tree 40 cm.in diameter or greater in a 12 month period;trees under 40cm in diameter would be treated as any other tree under the new By-law. 3.Delete reference in the By-law to Register of Properties of Cultural Heritage Value or Interest.Permit would be required to remove any tree that would fall under the limited definition. 4.Revise definition of a Heritage Tree to only apply to trees greater than 20 cm in diameter.Permit would be required to remove any such trees. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -3 -44 - January 14,2014 -3 -Report No.PR14-004 EXISTING BY-LAW PROPOSED BY-LAW TREES ON LARGER RESIDENTIAL PRIVATE PROPERTY TREES ON LARGER RESIDENTIAL PRIVATE PROPERTY ISSUES OPTIONS No special protection measures.Not more than 4 trees greater than 20 centimeters in diameter can be removed in a 12 month period without obtaining a permit. Tree removal permit must be obtained prior to the removal of three or more trees in a 12 month period regardless of property size. Concerns that the number of trees permitted to be removed without first obtaining a permit is disproportionate in terms of property size e.g.owner of a smaller residential property per mitted to remove same number of trees as owners of larger properties. 1.Continue to permit owners of properties to remove 4 trees in a 12 month period as is currently permitted in the existing By-law, regardless of property size. 2.Permit owners of larger properties (.25 ha or greater)to remove 2 trees per .25 ha in a 12 month period. TREES ON GOLF COURSES TREES ON GOLF COURSES ISSUES OPTIONS Currently exempt from Town of Aurora tree permit process.,Golf courses can remove any number of trees at any time in areas defined as woodlots. Regional Tree By-law does apply to areas greater than 1 ha,which fall under the definition of Woodlands under the Regional By-law Golf Courses must obtain a tree removal permit for the removal of eleven or more trees in a 12 month period. Concerns relative to a lack of formal foundation or basis as to the number of trees permitted to be removed on a golf course in the proposed draft By- law. Concerns that requirement is overly restrictive in view of the operational needs of the golf industry. 1.Continue to apply existing By-law exempting golf establishments from the tree protection By- law 2.Include golf establishments in the proposed draft By-law and limit tree removal to one tree per four ha. in a 12 month period. Option 2 is formed on the basis that the average area of an 18- hole golf course is approximately 40 ha or 98 acres;using this formula,an average golf course would be permitted to remove ten trees in a 12 month period). By-Law Services identified that if an area requirement is introduced it may create enforcement challenges.If we suspect there is a contravention,based on an area,we would require undisputable documentation to lay charges which may require the Town to prepare a survey. In the event Council selects any of the options contained in this report or other applicable options,staff will proceed with completing a final draft of the By-law and present it to Council for final review and approval. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -4 -45 - January 14,2014 -4 -Report No.PR14-004 LINK TO STRATEGIC PLAN The amended Tree Protection By-law supports the Strategic Plan goal of Supporting Environmental Stewardship and Sustainability for all through its accomplishment in satisfying requirements in the following key objectives within this goal statement: ALTERNATIVE(S)TO THE RECOMMENDATIONS 1.Council consider the options contained in this report and direct staff to prepare a revised Private Tree Protection By-law incorporating any and all changes pur suant to Councils direction. 2.Further Options as required. FINANCIAL IMPLICATIONS There are a number of financial implications that may be realised with the passage of this more restrictive by-law as follows: Increased administration associated with issuing tree protection permits; Increased administration associated with preparing reports and materials for appeals to Council; Increased site visits,meetings and monitoring for compliance with permits that have been issued; Increased time spent on communicating with and educating residents and customers on the various aspects of the By-law. As previously indicated,it is difficult to forecast with any certainty the definitive impacts associated with administering the proposed By-law at the present time.Revised fees proposed in the by-law will be subject to approval in the annual Fees and Charges By- law. CONCLUSIONS That Council repeal By-law Number 4474-03.D,as amended,and enact a new Private Tree Protection By-law in its place to deal with matters relating to injury and destruction of trees located wholly on private property within the jurisdiction of the Town of Aurora and that the amended Private Tree Protection By-law come into full force and effective on May 1,2014. 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16-2 90296489817569499016956381261810137668608511571211263034112542 4 2 2 3 8 1 0 3 1 1 3 1181 1 2 1 0 0 120115101125152201522893&93AMapcreatedbytheTownofAuroraPlanningDepartmentFebruary9th,2010.MapupdatedonJuly2,2013.BasedataprovidedbyYorkRegionandtheTownofAurora.HistoricalinterestpropertydataextractedfromCityView.Attachment #2 to PR14-004 Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -8 -49 - THE CORPORATION OF THE TOWN OF AURORA By-law Number XXXX-14 BEING A BY-LAW to prohibit and/or regulate the Injury or Destruction of Trees on Private Property in the Town of Aurora. WHEREAS subsection 135(1)of the Municipal Act,2001,S.O.2001,c.25 ( provides that a local municipality may prohibit or regulate the destruction or injuring of trees; AND WHEREAS trees provide real value in the ecological,social,economic and communal fabric of the community; AND WHEREAS trees are among the most important living organisms in their ability to absorb air pollutants,expel life giving oxygen and provide a host of other environmental goods and services; AND WHEREAS subsection 135(7)of the Act provides that a municipality may in a by- law require that a permit be obtained to injure or destroy trees and may impose conditions to a permit,including conditions relating to the manner in which destruction occurs and the qualifications of persons authorized to injure or destroy trees; AND WHEREAS the Council of The Corporation of the Town of Aurora desires to repeal By-law Number 4474-03.D,as amended,and enact a new replacement by-law to deal with matters relating to injury and destruction of trees located wholly on private property within the jurisdiction of the Town; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1.DEFINITIONS 1.(1)The following words as set out in this by-law shall have the following meanings: (a)Municipal Act,2001,S.O.2001,c.25,as amended; (b)"Applicant"means the Owner or an authorized agent of the Owner who submits an Application under the provisions of this by-law; (c)"Application"means an application for a Permit on a form prescribed by the Director; Attachment #3 to PR14-004 Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -9 -50 - By-law Number XXXX-14 Page 2 of 17 (d)"Arborist"means an expert in the care and maintenance of trees,and includes: (i)an arborist qualified by the Ontario Ministry of Training,Colleges and Universities; (ii)a Forest Technician or Forestry Technologist with an applicable college diploma and a minimum of two (2)years urban forestry experience; (iii)a certified arborist qualified by the Certification Board of the International Society of Arboriculture; (iv)a consulting arborist registered with the American Society of Consulting Arborists; (v)a Registered Professional Forester designated pursuant to the Professional Foresters Act,2000,S.O.2000,c.18,as amended;or (vi)such other person with other similar qualifications as approved by the Director; (e)"Arborist's Report"means a technical report prepared by an Arborist or Registered Professional Forester which identifies the surveyed location, species,size and condition of a tree,provides the reasons for any proposed Injuring or Destruction of a tree,and describes tree protection measures or other mitigating activities to be implemented; (f)"Council"means the Council of The Corporation of the Town of Aurora; (g)"Cultivated Orchard"means a property that is used for the dominant purpose of growing and maintaining fruit or nut Trees for the commercial harvesting and sale of their fruits or nuts; (h)"DBH"means the diameter at breast height,which shall be the diameter of the trunk of a Tree at a point of measurement 1.37 metres above the ground.DBH of multi-trunk Trees shall be measured as prescribed by the Director.Where a Tree has been cut down and the remaining stump is less than 1.37 metres in height,the DBH shall be the extrapolated as prescribed by the Director; (i)"Destroy and/or Destruction"means to kill by cutting,burning,uprooting, chemical application,or other means; (j)"Director"means the Director of Parks &Recreation Services for the Town or his/her designate; (k)"Emergency Work"means work necessary to terminate an immediate threat to life or property and includes maintenance works arising from natural events (e.g.ice storm,high winds,lightning,etc.)as well as Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -10 -51 - By-law Number XXXX-14 Page 3 of 17 maintenance works associated with emergency drain repair,utility repair and building repairs; (l)a property that is used to commercially operate a golf course in compliance with all applic able laws; (m)"Hazard Tree"means a Tree that is a safety concern to property or life but not an immediate threat; (n)(s)Tree,including but not limited to,pairs of Trees,avenues or windrows of Trees,grove or arboreal remnants,or one (1)or more Trees that form part of a cultural heritage landscape that is on private property and is: (i)located within a heritage conservation district as designated under Part V of the OHA; (ii)designated under,or located on a property designated under,Part IV of the OHA; (iii)designated by the Ontario Urban Forest Council; (iv)of Cultural Heritage Value or Interest; (o)"Injure and/or Injury"means to damage or attempt to Destroy a Tree by: (i)removing,cutting,girdling,or smothering of its roots; (ii)interfering with its water supply; (iii)setting fire to it; (iv)applying chemicals on,around,or near it; (v)compacting or re-grading within the drip line of it; (vi)causing damage by new development or construction related activities that are not evaluated as part of an approval under the Planning Act; (vii)storing any materials within the drip line;or (viii)any other means resulting from neglect,accident or design; (p)"Local Board"means a municipal service board,public library board, transportation commission,board of health,police services board,or any other board,commission,committee,body or local authority established or exercising any power under any legislation with respect to the affairs or purposes of the Town,but does not include a school board,a conservation authority,or a private cemetery corporation; (q)Municipal Law Enforcement Officer"means an individual appointed by the Town by by-law pursuant to subsections 15(1)and 15(2)of the Police Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -11 -52 - By-law Number XXXX-14 Page 4 of 17 Services Act,R.S.O.1990,c.P.15,as amended,for the administration and enforcement of Town by-laws; (r) grafts,or trees propagated or grown in a nursery and with the roots attached,and includes cuttings with or without the roots attached; (s)OHA Ontario Heritage Act,R.S.O.1990,c.O.18,as amended; (t)"Owner"means the person having the right,title,interest or equity in the land containing a subject Tree,or his or her agent authorized in writing; (u)"Permit"means a permit to Injure or Destroy a Tree issued by the Director; (v)"Permit Application Fee"means the prescribed fee as set out in the Charges By-law,as may be amended from time to time; (w)"Person"and/or Persons ,a partnership,an individual,a public utility and its heirs,executors,directors,or other legal representatives of a person to whom the context can apply according to law; (x)Planning Act Planning Act,R.S.O.1990,c.P.13,as amended; (y)"Pruning"means the removal of branches from living Trees by cutting at a point outside the branch collar (but does not include the removal of more than one-quarter (¼)of a Tree's leaf-bearing crown),for the purpose of thinning the crown of a Tree to increase light penetration and air movement,providing clearance and eliminating interference with utility lines,buildings,pedestrians or vehicles,or eliminating dead, hazardous or diseased wood; (z)"Registered Professional Forester"means a member of The On tario Professional Foresters Association entitled to use the designation of "Registered Professional Forester"pursuant to subsection 14(6)of the Professional Foresters Act,2000,S.O.2000,c.18,as amended; (aa)"Region"means The Regional Municipality of York; (bb); (cc)"Tree"means any perennial woody plant,including its root system,which has reached or can reach a height of at least four and a half (4.5)meters at physiological maturity and having its trunk located wholly on private Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -12 -53 - By-law Number XXXX-14 Page 5 of 17 property; (dd)"Tree Farm"means a property on which Trees are grown and maintained for the dominant purpose of commercial sale; (ee)"Tree Inventory and Preservation Plan"means a plan required by the Town as a condition of development or re-development approval pursuant to sections 41,51,or 53 of the Planning Act,which plan determines, among other things,the Trees to be:(i)preserved through an assessment process identifying Trees,shrubs and other specific areas of natural habitat and their ecological function or importance;(ii)the impacts of any proposed development on the Trees,shrubs,and other specific areas of natural habitat and their ecological function or importance;(iii)mitigation measures and measures to protect and manage Trees to be preserved (not limited to protective barriers and/or hoarding);and (iv)proper practices to remove Trees to be destroyed; (ff)"Woodlands"means land at least one (1)hectare in area and with at least: (i)1000 trees,of any size,per hectare; (ii)750 trees,measuring over five (5)centimeters DBH,per hectare; (iii)500 trees,measuring over twelve (12)centimeters DBH,per hectare;or (iv)250 trees,measuring over twenty (20)centimeters DBH,per hectare; but does not include a cultivated fruit or nut orchard or a plantation established for the purpose of producing Christmas trees or Nursery Stock; (gg)"York Region Forest Conservation By-law"means by-law No.TR-0004- 2005-036,as amended,or successor thereto,as enacted by the Region. 2.APPLICATION OF THE BY-LAW 2.(1)Except as otherwise provided in this by-law,the provisions of this by-law shall apply to any Tree whose trunk is located wholly on private property. 2.(2)Despite subsection (1),the Region shall have jurisdiction over the issuance of any type of permit allowing the Injury or Destruction of Trees on Woodlands. 3.EXEMPTIONS FROM THE BY-LAW 3.(1)The provisions of this by-law do not apply to: (a)activities or matters within Woodlands that are governed by the York Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -13 -54 - By-law Number XXXX-14 Page 6 of 17 Region Forest Conservation By-law; (b)activities or matters within a building or structure,a solarium,rooftop garden,or an interior courtyard having a soil depth of less than one and a half (1.5)metres above a built substructure; (c)activities or matters undertaken by the Town or a Local Board; (d)activities or matters undertaken under a license issued under the Crown Forest Sustainability Act,1994,S.O.1994,c.25,as amended,or successor thereto; (e)Trees having its trunk located wholly or partially on municipal lands; (f)the Injuring or Destruction of Trees within a Tree Farm that are being actively managed and harvested for the purpose for which the Trees were planted; (g)the Injuring or Destruction of Trees within a Cultivated Orchard; (h)the Injuring or Destruction of Trees by a person licensed under the Surveyors Act,R.S.O.1990,c.S.29,as amended,or successor thereto,to engage in the practice of cadastral surveying or his or her agent,while making a survey; (i)the Injuring or Destruction of Trees imposed after December 31,2002,as a condition to the approval of an site plan,plan of subdivision or a consent under section 41,51 or 53,respectively,of the Planning Act,or as a requirement of a development agreement,including a site plan agreement and a subdivision agreement,entered into under those sections (including the Injury or Destruction of a Tree in compliance with a Tree Inventory and Preservation Plan); (j)the Injuring or Destructing of Trees imposed after December 31,2002,as a condition to a development permit authorized by regulation made under section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation; (k)the Injuring or Destruction of Trees by a transmitter or distributor,as those terms are defined in section 2 of the Electricity Act,1998,S.O.1998,c.15, Sched.A,as amended,or successor thereto,for the purpose of constructing and maintaining a transmission system or a distribution system,as those terms are defined in that section; (l)the Injuring or Destruction of Trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -14 -55 - By-law Number XXXX-14 Page 7 of 17 issued under the Aggregate Resources Act,R.S.O.1990,c.A.8,as amended,or successor thereto; (m)the Injuring or Destruction of Trees undertaken on land in order to lawfu lly establish and operate or enlarge any pit or quarry on land: (i)that has not been designated under the Aggregate Resources Act or predecessor legislation;and (ii)on which a pit or quarry is a permitted land use under a by-law passed under section 34 of the Planning Act; 4.PERMIT REQUIREMENT 4.(1)Unless otherwise exempted under this by-law,no person shall permit or cause the Injury or Destruction of: (a)more than two (2)Trees on any one (1)property within any twelve (12) month period having a trunk DBH of more than twenty (20)centimetres DBH and less than seventy (70)centimeters; (b)any Tree having a trunk DBH greater than seventy (70)centimeters;or (c)any Heritage Tree; without first obtaining a Permit pursuant to this by-law. 4.(2)Where a Permit has been issued under this by-law,no person shall permit or cause the Injury or Destruction of any Tree unless it is done in accordance with the conditions of the Permit and any other supporting documentation relevant to the issuance of the Permit. 4.(3)Despite subsection (1),a Permit is not required: (a)to Injure,Destroy or remove any Tree,or a part of a Tree,as a necessary part of Emergency Work pursuant to section 6; (b)to perform Pruning; (c)where the Injury or Destruction of a Tree is specifically required in an order made under this by-law,the Act or the -law; (d)for the removal of not more than ten (10)Trees within any twelve (12) month period located on a Golf Course and having a trunk diameter of more than twenty (20)centimetres DBH and less than seventy (70) centimeters DBH. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -15 -56 - By-law Number XXXX-14 Page 8 of 17 5.DEAD,DISEASED AND HAZARD TREES 5.(1)Where a person wishes to Injure,Destroy or remove any dead,diseased or Hazard Tree,or any portion of such a Tree,such a person shall provide to the Town an Arborist certificate,or a report satisfactory to the Director,confirming that any such Tree is dead,diseased or a Hazard Tree along with an application required pursuant to section 8. 5.(2)Notwithstanding subsection 8(1),an Application fee is not required to be submitted in relation to an Application relating to a dead,diseased or Hazard Tree.However,should the Director deem a certificate or report provided under subsection (1)to be incomplete,insufficient or deficient in any way,the Director shall not issue a Permit until a satisfactory certificate or report is provided or a new Application is submitted to the Town that satisfies all the requirements of this by-law,including the fee requirement. 5.(3)No Injury,Destruction or removal activity shall be taken by any person beyond what is contemplated in any applicable certificate or report provided under subsection (1). 6.EMERGENCY WORK 6.(1)Injury,Destruction and removal of any Tree may be conducted without a Permit provided that any such Injury,Destruction or removal was necessary and a part of Emergency Work. 6.(2)Following any Emergency Work,the Owner of the property on which Tree(s),for which a Permit would have otherwise been required,affected by any such Emergency Work are located shall,within seventy-two (72)hours of completing or abandoning such Emergency Work,submit evidence satisfactory to the Director that any Injury,Destruction or removal of a Tree was required as part of the Emergency Work. 6.(3)The Director has the authority to deem any Injury,Destruction or removal of a Tree,or of any portion of a Tree,done pursuant to subsection (1),to not have been necessary and/or not in the category of Emergency Work based on the materials provided under subsection (2)and any other information deemed relevant by the Director,in which case,the Director may require that a retroactive Permit application be made and/or pursue any enforcement steps permitted under this by-law. 7.ADMINISTRATION Administration Authority Delegated to the Director Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -16 -57 - By-law Number XXXX-14 Page 9 of 17 7.(1)The Director is hereby delegated the authority and responsibility for the administration of this by-law,including the authority to receive Applications, certificates from Arborists,and any associated fees,to issue,to revoke and to refuse to issue Permits and also to impose conditions on any Permi ts in accordance with this by-law. 7.(2)The Director is authorized to delegate responsibilities for the administration and enforcement of this by-law to any Town staff or external third parties deemed to be qualified and appropriate by the Director for such purposes. Enforcement 7.(3)The Director and Municipal Law Enforcement Officers of the Town are hereby delegated the authority to enforce this by-law,including the authority to conduct inspections of Tree(s)pursuant to the exercise of their authority under this by-law and any other enacted Town by-law or legislation. Fees 7.(4)All fees and charges pursuant to this by- -law. 8.PERMIT APPLICATIONS Permit Application Requirements 8.(1)Where an Applicant applies for a Permit for the Injury or Destruction of a Tree(s), he/she shall submit the following to the Director: (a)an Application form completed to the satisfaction of the Director; (b)the name,address and telephone number of the Owner; (c)Application fee; (d)description of the purpose for which the Permit is required; (e)an Arborist's Report,if deemed to be required by the Director; (f)where the trunk of a Tree straddles a property line,the written consent to the Permit issuance from the property owner(s)on whose property the affected Tree is partially located;and (g)where the Applicant is not the Owner,the written authorization of the Owner consenting to the Application; Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -17 -58 - By-law Number XXXX-14 Page 10 of 17 (h)any other information deemed necessary by the Director. 8.(2)Notwithstanding 8(1)(c),should the Director determine that a Permit is not required for an activity,matter or Tree subject to an Application or that such activity,matter or Tree is exempt from this by-law,any application fee submitted as part of such an Application shall be refunded to the Applicant ,unless it is determined by the Director,at his/her discretion,that Town staff had expended considerable time and resources to process such Application due to an error on the part of the Applicant. 8.(3)Notwithstanding 8(1)(c),the Director is authorized to reduce or waive the Application fee if deemed appropriate,at his/her discretion. False or Misleading Information 8.(4)No person shall submit false or misleading information in support of an Application.Together with any other penalties or fines that may be otherwise imposed,if such false or misleading information is found to have been submitted in support of an Application,the Director will have the aut hority to refuse any such Application under consideration by the Town and to revoke any Permit issued by the Town on the basis of any such false or misleading information. 9.ISSUANCE OF A PERMIT Permit Approval Process 9.(1)Upon receipt of an Application,the Director shall: (a)Make a decision as to whether or not a Permit will be issued and whether any conditions will be imposed on such a Permit considering the following: (i)the species of the Tree; (ii)the condition of the Tree; (iii)the location of the Tree; (iv)the protection of ecological systems and their functions,including the protection of native flora and fauna; (v)erosion,sedimentation of watercourses,and flood control; (vi)impacts to surrounding properties,including loss of shade,vistas or privacy; (vii)any public comments received; (viii)comments received from such persons,staff and agencies as deemed necessary,for the proper review Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -18 -59 - By-law Number XXXX-14 Page 11 of 17 of the Application; (ix)whether or not a Tree is a Heritage Tree; (x)any conflicts with existing agreements or plans of the Town;and (xi)any other information that the Director deems to be relevant to the Application. (b)If a Tree subject to an Application is found by the Director to be a Heritage Tree,the Director shall not issue a Permit unless the Injury,Destruction or removal is approved by Council following a review by Advisory Committee. (c)If the Director determines that a Permit will not be issued pursuant to an Application,the Director shall notify the Application of the decision in writing and provide reasons for the refusal. Signage 9.(2)Upon receipt of an Application,the Director may Post an informational sign,as established by the Director,relating to the Application in a conspicuous place at or near the property on which the Tree subject to the Application is located and leave such sign in place for a period determined by the Director. 9.(3)No person shall temper with or remove any sign posted pursuant to subsection (2),unless following an Application,a Permit is issued and work pursuant to such Permit is completed,a Permit is issued and expires or it is otherwise directed by the Director. Permit Not Issued 9.(4)A Permit shall not be approved or issued where: (a)a Tree to be Injured or Destroyed is an endangered species as defined in the Endangered Species Act,2007,S.O.2007,c.6,as amended,or the Species at Risk Act,S.C.2002,c.29,as amended; (b)approval would be in contravention of the Migratory Birds Convention Act, 1994,S.C.1994,c.22,as amended; (c)issuance of a Permit is under the jurisdiction of the Region and/or addressed under the York Region Forest Conservation By-law;or (d)approval is inconsistent with an approved Tree Inventory and Preservation Plan. Subdivision Not Yet Draft Approved Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -19 -60 - By-law Number XXXX-14 Page 12 of 17 9.(5)Where an Application is made with respect to a Tree that is located on land that is subject to an application for a subdivision approval or a consent that has not received a draft approval or a provisional consent,the Director shall not issue a Permit until such approval or consent is obtained or Application otherwise approved by Council. Planning Application Not Approved 9.(6)Where an Application is made with respect to a Tree that is located on land that is subject to a re-zoning application,an application for site plan approval,or an application to amend the official plan that has not received final approval,the Director shall not issue a Permit until such approval or consent is obtained or Application otherwise approved by Council. Permit Approved Subject to Conditions 9.(7)The issuance of a Permit may be subject to conditions imposed by the Director or Council,as the case may be,which may include any or all of the following requirements: (a)s ,satisfactory of the Director,prepared by a certified Landscape Architect and,if required by the Director or Council,an Arborist and the VMP may include,but not be limited to,the following: (i)a vegetation inventory and assessment,including species size and condition,identifying all vegetation greater than 80mm DBH for individual Tree assessments,the perimeter at canopy of woodlands,groups or stands of vegetation,and trees and vegetation on adjacent properties that may be impacted; (ii)identification of all vegetation removals and protection measures for vegetation designated to be preserved,including an impact assessment to support vegetation removals and/or preservation measures; (iii)provision of compliance monitoring and protection/mitigation specifications including all arboricultural requirements for Trees designated to be preserved during construction; (iv)provision of post-construction performance monitoring and rehabilitation specifications; (v)an estimate of the monetary replacement value of the Tree(s)as set out in the International Society of Arboriculture Guide for Plant Appraisal or approved equivalent completed by an Arborist and financial compensation,paid to the Town based on the aforementioned ISA appraisal process for Tree(s)/vegetation lost or Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -20 -61 - By-law Number XXXX-14 Page 13 of 17 destroyed;and (vi)provision for replacement plantings at another suitable location on the property including provision of cash securities in an amount equal to one-hundred and twenty percent (120%)of the cost of replanting and maintaining the Trees for a period of two (2)years or where restoration planting is not physically possible on the site for which the Permit is being issued,provision of a cash payment to the Town to be placed in the Town s Tree Planting reserves for future Tree planting by the Town in an alternative location in the Town of Aurora; (b)the submission of a written undertaking and release to ensure that replacement plantings are carried out and maintained in accordance with landscaping and restoration plans approved by the Director;and/or (c)undertaking that the tree cutting work only occur under the supervision of an Arborist. Permit Expiry Date 9.(8)The Director shall include an expiration date on any Permit being issued by Town,which shall not exceed one (1)year from the date of issuance,upon taking into account the work to be completed under the Permit and any third party or Town activities or interests that might be affected by the work.No Injury or Destruction activity is permitted pursuant to any Permit after the expiration date. 10.APPEALS 10.(1)Where the Director refuses to issue a permit,an Applicant may,within five (5) business days of the date of receipt of a written refusal,appeal the decision of the Director to the Council,or such other tribunal or committee designated by Council,by submitting a written request to the Town Clerk. 11.SEVERABILITY 11.(1)If a court of competent jurisdiction declares any provision,or any part of a provision,of this by-law to be invalid or to be of no force and effect,it is the intention of the Town in enacting this by-law that such provision or part of a provision shall be severable,and such a decision shall not affect the validity of the remaining sections,subsections,clauses or phrases of this by-law. 12.ENFORCEMENT Power of Entry Inspection 12.(1)The Director and/or a Municipal Law Enforcement Officer may,at any reasonable Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -21 -62 - By-law Number XXXX-14 Page 14 of 17 time,enter on any land for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a)this by-law; (b)direction or order made pursuant to this by-law or the Act; (c)condition of a Permit issued under this by-law;or (d)an order made under section 431 of the Act. 12.(2)For the purposes of an inspection under subsection (1),the person conducting the inspection may: (a)require the production for inspection of documents or things relevant to the inspection; (b)inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c)require information from any person concerning a matter related to the inspection;and (d)alone or in conjunction with a person possessing special or expert knowledge,make examinations or take tests,samples or photographs necessary for the purposes of the inspection. 12.(3)The Director and/or a Municipal Law Enforcement Officer may undertake an inspection pursuant to an order issued under section 438 of the Act. 12.(4)Submission of an Application is deemed to be a consent of the Owner for persons designated as an inspector by the Canadian Food Inspection Agency, pursuant to the Plant Protection Act,S.C.1990,c.22,as amended,or successor thereto,to inspect the lands subject to the Application for the presence of pests (as defined in the said legislation)and to take any and all action deemed appropriate by such an inspector,including the removal of any Tree(s)on such private property of the Owner,in accordance with the said legislation. Contravention Orders 12.(5)Where the Director or any Municipal Law Enforcement Officer is satisfied that a contravention of this by-law or a Permit has occurred,such Director or Municipal Law Enforcement Officer may make an order requiring that the person who caused or permitted such contravention or the Owner or occupier of the land on which the contravention occurred to discontinue the contravening activity and/or to do work to correct the contravention. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -22 -63 - By-law Number XXXX-14 Page 15 of 17 12.(6)An order pursuant to subsection (5)shall set out the following: (a)the municipal address and/or the legal description of the land or property on which the contravention occurred; (b)reasonable particulars of the contravention; (c)what is required of the person subject to the order (i.e.,what activity is to be seized and/or actions or work to be done); (d)the date by which there must be compliance with the order and /or,if any work is ordered,the date by which any such work must be done; (e)if any work is required to be done,a statement that if such work is not done in compliance with the order and within a specified time period,the Town will have the work done at the expense of the person directed or required to do it;and (f)information regarding the Town's contact person. 12.(7)An order issued pursuant subsection (5)may be served: (a)personally on the person that is subject to the order;or (b)by sending it by prepaid registered mail to the last known address of the Owner or occupier of the land on which the contravention occurred or,if the person subject to the order is not the Owner or occupier,to the last known address of such person subject to the order. 12.(8)Where service of an order is made by registered mail,the service shall be deemed to have been made on the fifth (5th)day after the day of mailing. 12.(9)In the event that service of an order cannot be effected under subsection (7),the Director or a Municipal Law Enforcement Officer may place a placard containing the terms of the order in a conspicuous place on the property subject to the order and the placing of the placard shall be deemed sufficient service of the order on the Owner and/or occupier of such subject property. 12.(10)Wherever this by-law or an order issued under this by-law directs or requires any matter or thing to be done by any person within a specified time period,in default of it being done by the person directed or required to do it,the action may be taken under the direction of Director or a Municipal Law Enforcement Officer at y recover the costs incurred through a legal action or by recovering the costs in the same manner as taxes. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -23 -64 - By-law Number XXXX-14 Page 16 of 17 12.(11)For the purposes of taking remedial action under subsection (10),the Town,its staff and/or its agents may enter,at any reasonable time,upon any lands on which a default to carry out a required thing or matter occurred. 13.OFFENCES 13.(1)Any person who contravenes any provision of this by-law or an order issued pursuant to this by-law or the Act,or fails to comply with an order issued pursuant to this by-law or the Act,is guilty of an offence. 13.(2)Pursuant to paragraph (a)of subsection 429(2)of the Act,all contraventions of this by-law or of orders issued under this by-law are designated as multiple offences and continuing offences.A multiple offence is an offence in respect of two (2)or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this by-law.For greater certainty,when multiple Trees are Injured or Destroyed,the Injury or Des truction of each Tree is a separate offence. 14.PENALTIES 14.(1)Upon conviction of an offence under this by-law a person is liable to a fine as follows: (a)a minimum fine for any offence under this by-law is five-hundred dollars ($500.00)and the maximum fine is one-hundred-thousand dollars ($100,000). (b)in the case of a continuing offence,for each day or part of a day that the offence continues,the minimum fine shall be five-hundred dollars ($500.00)and the maximum fine shall be ten-thousand dollars ($10,000.00).Despite paragraph (a),the total of all the daily fines for an offence is not limited to one-hundred-thousand dollars ($100,000). (c)in the case of a multiple offence,for each offence included in the multiple offence,the minimum fine shall be five-hundred dollars ($500.00)and the maximum fine shall be ten-thousand dollars ($10,000.00).Despite paragraph (a),the total of all fines for each included offence is not limited to one-hundred-thousand dollars ($100,000). 14.(2)In addition to fine under subsection (1),a person convicted of an offence under this by-law may be liable to a special fine in the amount of the economic advantage or gain that such a person obtained from the contravention of this by- law. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -24 -65 - By-law Number XXXX-14 Page 17 of 17 15.REPEAL 15.(1)By-law Number 4474-03.D,as amended,is hereby repealed on the day of this by-law coming into full force and effect. 16.SHORT TITLE 16.(1)This by-- 17.EFFECTIVE DATE 17.(1)This by-law comes into full force and effect on May 1,2014. READ A FIRST AND SECOND TIME THIS XXst DAY OF MONTH,2014. READ A THIRD TIME AND FINALLY PASSED THIS XXst DAY OF MONTH,2014. _____________________________ GEOFFREY DAWE,MAYOR _____________________________ JOHN D.LEACH,TOWN CLERK Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -25 -66 - GENERAL COMMITTEE No.PR12-001 SUBJECT:Approval of Tree Protection By-law FROM:Allan D.Downey,Director of Parks and Recreation Services DATE:January 17,2012 TOWN OF AURORA RECOMMENDATIONS THAT report PR12-001 be received as information;and THAT staff be directed to publicise notice of the revised Draft Tree Protection By- law,in the local media,Town of Aurora website and in all municipal facilities for the purposes of allowing the public and stake holders with an opportunity to review the proposed By-law and provide comment;and THAT following this public consultation period,staff report back to Council prior to May 2012 with a final draft Tree Protection By-law with recommendations for Councils consideration in enacting the final revised By-law. PURPOSE OF THE REPORT To provide Council with a draft of a proposed Tree Protection By-law and to provide the public and stake holders with an opportunity to review and comment on the By-law prior to its enactment. BACKGROUND At the January 25,2011 General Committee meeting,Council received a delegation from a citizen who had several concerns with the Town’s current Tree Permit By-Law No.4474-03D.The concerns of this citizen were primarily focused on tree removal on the Oak Ridges Moraine and,in particular,with the fact that Golf Course establishments are exempt under the Town’s current by-law. In response to this delegation General Committee directed staff as follows: General Committee recommends: THAT the comments of the delegate be received and referred to staff;and THAT staff be directed to report back to Council on the specific comments raised by the delegate respecting golf courses as well as any other issue staff may identify with respect to the enforcement and protection of trees. Attachment #2 Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -26 -67 - January 17,2012 -2 -Report No.PR12-001 Following Council direction,members of the Executive Leadership Team appointed a Tree By-law Review Committee consisting of the Manager of Parks,the Manager of Engineering and Design,the Manager of Building Code Review,and the Manager of Planning and Development. The Committee held a series of meetings for the purposes of conducting an overall review of the current by-law in an effort to evaluate its applicability and effectiveness including a number of issues revolving around the administration of the by-law. As a first step in the by-law review,the Committee conducted a public consultation process whereby an online survey was conducted in order to assist the Committee in establishing a baseline of public opinion regarding the importance of trees in our municipality. The online survey was completed by 100 respondents.This could be considered a relatively low participation rate and not indicative of community-wide public opinion, given Aurora’s gross population of over 52,000;however,staff was advised by our Communication Department,who assisted in the survey,that this survey was among the highest in participation of any previously conducted survey. While the information obtained from the survey was helpful in assisting the Committee, it was not considered paramount or as a single resource in formulating the overall content of the revised by-law;rather,the committee used a measured approach in guiding the review process,taking into consideration a number of criteria including the following: Research of other neighbouring and GTA municipalities Tree Protection by-laws; Consultation with the Region of York; Identification and revision of inconsistent language in the current By-law and revision of same; Public opinion; Revisions to internal interdepartmental administration processes;and Consultation with the Manager of Heritage Planning. During the review process the Committee focused on a number of areas where there was concern with interpreting and differentiating between the Towns’s existing Tree Permit By-law and the Region of York Tree Protection By-law No.TR-004-2005-036. As with all local by-laws,the Upper-tier municipality by-law (York Region)takes precedence in its applicability over any lower-tier by-law (Aurora).To state this in simplistic terms,the York Region Tree Permit By-law will continue to apply to wooded properties in the Town of Aurora greater than one hectare in size.The Town of Aurora’s Tree Protection By-law will continue to apply to any private property or tree covered area within a property that is less than one hectare in size,as is currently the case. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -27 -68 - January 17,2012 -3 -Report No.PR12-001 In our discussions with the Region of York,staff were advised that the Town of Aurora did not delegate to the Region of York,our authority to enforce their Tree Protection By- law on Aurora properties of 0.2 to 1.0 hectares in size when the York Region Tree Protection By-law was revised in 2005,as is permitted under subsection 135 (10)of the Municipal Act. Staff were advised that many other local municipalities did delegate this authority to the Region of York;however,in our discussions with the Regional Forestry Coordinator,it was agreed that there was no advantage in delegating our authority to the Region given that our by-law is more geared to the higher density municipal setting and properties that are,for the most part,under one hectare in size. TREE PROTECTION BY-LAW REVISIONS PROPOSED There are a number of revisions proposed in the by-law,many of which are small in nature;however,in addition to these revisions,there are more significant revisions that will substantially change the way the by-law works and how it is applied.For the purposes of highlighting only the more significant revisions,the Committee has listed these revisions along with a brief explanation of each revision as follows: 1.REDUCTION IN THE NUMBER OF TREES REMOVED WITHOUT A PERMIT DOWN TO TWO TREES IN A 12-MONTH PERIOD FROM NOT MORE THAN FOUR TREES The proposed by-law will reduce the number of trees that can be removed without first obtaining a permit from the current four trees down to two trees. Based on the results of the public survey,and the fact that many other municipalities require that a permit be issued for the removal of a single tree,this change was considered a more moderate revision that would still enable most private property owners to manage their property. 2.GOLF COURSES NOW INCLUDED IN THE BY-LAW BUT ABLE TO REMOVE UP TO 10 TREES IN A 12-MONTH PERIOD WITHOUT A PERMIT The current by-law provides for an exemption to golf courses.In reviewing the public survey results and other municipal trees by-laws,the By-law Review Committee sees a need to regulate the cutting of trees on golf course properties; however,the Committee also believes that golf course owners need a level of flexibility to be able to manage their business needs.As such,the Committee felt that being able to remove ten trees in a 12-month period without a permit provides golf courses with that flexibility.In addition,most other municipal tree by-laws require golf courses to obtain a permit to remove a single tree. 3.CONSERVATION AUTHORITY AND SCHOOL BOARDS ARE NOW INCLUDED IN THE BY-LAW REQUIRED TO OBTAIN PERMITS The current by-law provides for an exemption to Conservation Authorities and School Boards.The By-law Committee in discussions with our Legal Services department were advised that there are no provincial acts or regulations that exempt these agencies from complying with local ordinances.In view of the Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -28 -69 - January 17,2012 -4 -Report No.PR12-001 public comments and the large tracts of forested lands owned and managed by LSRCA and TRCA in the Town of Aurora,the Committee suggests that these agencies be included in the proposed by-law as an additional measure of protection over these resources. 4.DIRECTOR TO ISSUE/DENY PERMITS AS AN ADMINISTRATIVE FUNCTION Permits issued under the current by-law are subject to Council approval. Although this is an effective approvals process in that Council is well informed of all tree removal permits,it is a very time consuming and administratively intensive process that can require six to eight weeks to process a tree permit application.The Committee felt that this process should be streamlined both from a customer service and administrative standpoint which is in keeping with the majority of other municipal Tree Protection By-laws.Council will remain involved in the process in the event of a permit refusal by the Director of Parks and Recreation Services whereby an Applicant would appeal the refusal decision directly to General Committee.In addition,staff can establish,via policy,that Council is notified of all tree permits that have been issued or denied. 5.PERMIT MUST BE OBTAINED PRIOR TO REMOVING SINGLE TREES 70 CM (27.5 in.)AND ABOVE There are no provisions in the current by-law that require a permit to be obtained prior to removing up to four trees of any size in a 12-month period.Based on the results of the public survey and the environmental benefits associated with the leaf area canopy of our larger trees,the Committee suggested that single tree protection in the by-law for these older and much larger trees is appropriate. 6.PERMIT MUST BE OBTAINED PRIOR TO REMOVING A SINGLE TREE IN THE HERITAGE RESOURCE DISTRICT INCLUDING TREES ON DESIGNATED HERITAGE PROPERTIES The current by-law has provision for protection of five trees or more on properties designated under the Ontario Heritage Act.With a further requirement for an applicant to obtain approval from the Town’s Heritage Advisory Manager prior to the issuance of a tree removal permit.The proposed revision will apply to single tree protection on OHA designated properties as well as single trees within the Heritage Resource Area as identified on Schedule B attached to the By-law.The Aurora Cemetery would be an example of a designated property that would be subject to obtaining a permit to remove a single tree 20 cm in diameter or larger. 7.CLARIFIED INTENT OF THE BY-LAW EXEMPTIONS AS IT RELATES TO ADMINISTERING SUBDIVISION AND SITE PLAN APPLICATIONS Section 20 of the existing by-law which deals with tree permit exemptions - relating to planning approvals associated with land development -has been previously interpreted to require that all final development agreements be signed by both parties prior to the removal of trees on the subject lands.In this case a tree removal permit is not required. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -29 -70 - January 17,2012 -5 -Report No.PR12-001 Very often there is an extensive period of time required in the process of executing a final development agreement.The By-law Review Committee acknowledges that this particular requirement can cause significant delays and complications for applicants wishing to proceed with pre-servicing of sites while awaiting the final development agreement to be executed.As such the Committee suggests that the revised by-law requires all applicants wishing to move forward with site works prior to a signed agreement be required to obtain a tree removal permit. Under this scenario,the applicant will be required to apply for a tree removal permit and to fulfill all conditions imposed on the permit in order to satisfy the intent of both the Tree Protection By-law and all forestry-related requirements contained in the pending development agreement. 8.SET MINIMUM FINES Under the current by-law there are no applicable minimum/maximum fines for a first offence.The revised by-law now provides for a minimum fine of $500.00 on a first offence and a maximum fine for any offence of $100,000.00. COMMENTS Perhaps one of the more significant revisions in this by-law is the provision to include golf course establishments.During the consultation process,staff received a written submission from a local golf course suggesting that the current Regional Tree Protection By-law was sufficient enough to ensure that due process was in place to regulate golf courses and further suggested that the inclusion of golf courses in the revised by-law could be seen as duplication. While the committee acknowledged the fact that the Regional by-law is applicable,it is only applicable to woodlands greater that one hectare in size.The Town’s revised by- law will deal with treed areas on golf course lands less than one hectare which is not a duplication of the Regional by-law. With this more restrictive Tree Protection By-law it is expected that there will potentially be a corresponding increase in the level of administrative work that will result.Currently Parks Division staff is primarily responsible for the majority of the administrative requirements associated with the by-law. The By-law Enforcement section is also involved when an infraction has been reported and an onsite investigation is deemed necessary.Currently,staff issues an average of two or three tree permits each year.A total of nine permits have been issued since the Tree Permit By-law was enacted in 2003.As such staff are recommending that a watch-and-wait approach for a one-year period to properly gauge and assess the increase in the administrative work load prior to recommending retention of additional resources. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -30 -71 - January 17,2012 -6 -Report No.PR12-001 Following this period staff will be in a better position to evaluate and quantify the impacts that this revised by-law has had on both the Parks and Recreation section and the By-law Enforcement section.If deemed necessary,staff will then follow up with a further report to Council on the matter and include the appropriate recommendations with respect to the administration resource needs of the by-law. As with any revised or newly created by-law there will be a period of time required to educate and communicate with our residents and businesses in order to ensure that the revised by-law is enacted through a fair and open process. The Committee suggests that in the event Council approves the revised by-law,a significant effort and time allocation be made to communicate this revised by-law to the public prior to its enactment.As such,staff will prepare an appropriate public notice to be posted in the local media,on our website and in our municipal buildings for a period of time. ALTERNATIVE(S)TO THE RECOMMENDATIONS 1.Council could direct staff to make further revisions to the draft by-law prior to its releasing the By-law to the Public. 2.Council could delay the acceptance of the draft by-law for an indefinite period of time to provide for more public dialogue,input and revisions. FINANCIAL IMPLICATIONS There are a number of financial implications that may be realised with the passage of this more restrictive by-law as follows: Increased administration associated with issuing tree protection permits; Increased administration associated with preparing reports and materials for appeals to Council; Increased site visits,meetings and monitoring for compliance with permits that have been issued; Increased time communicating with and educating residents and customers on the various aspects of the by-law. As previously indicated,it is difficult to forecast with any certainty the definitive impacts associated with administering this by-law at the present time.Revised fees proposed in the by-law will be subject to approval in the annual fees and service charges. CONCLUSIONS That Council receive the draft revised Tree Protection By-law as information and that staff be directed to publicise notice of the revised Tree Protection By-law in the local media for the purposes of allowing the public and stake holders to review the draft By- law and provide comments. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -31 -72 - January 17,2012 -7 -Report No.PR12-001 ATTACHMENTS Attachment #1 –Revised Tree Protection By-law Attachment #2 –Schedule A to the Draft Tree Protection By-law Attachment #3 –Schedule B to the Draft Tree Protection By-law PRE-SUBMISSION REVIEW Executive Leadership Team Meeting,Thursday,January 5,2012. Prepared by:Jim Tree,Manager of Parks-Ext.3222 ______________________________________________________________ Allan D.Downey Neil Garbe Director of Parks and Recreation Services Chief Administrative Officer Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -32 -73 - THE CORPORATION OF THE TOWN OF AURORA By-law Number XXXX-12 BEING A BY-LAW to prohibit and/or regulate the Injury or Destruction of Trees on Private Property in the Town of Aurora and to repeal By-law Number 4474-03.D. WHEREAS subsection 135(1)of the Act provides that a local municipality may prohibit or regulate the destruction or injuring of trees; AND WHEREAS subsection 135(7)of the Act provides that a municipality may in a by-law require that a permit be obtained to injure or destroy trees and may impose conditions to a permit,including conditions relating to the manner in which destruction occurs and the qualifications of persons authorized to injure or destroy trees; AND WHEREAS the Town has delegated jurisdiction over Woodlands to the Regional Municipality; AND WHEREAS Council passed By-law Number 4474-03.D on October 28, 2003,with respect to authorizing the injury or destruction of trees; AND WHEREAS the Town deems it necessary and expedient to replace By- law Number 4474-03.D with a new By-law amd repeal By-law Number 4474- 03.D in its entirety; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: SECTION 1 DEFINITIONS 1.1 The following words as set out in this By-law shall have the following meanings: (a)“Act”means the Municipal Act,2001,S.O.2001,c.25,as amended; (b)"Applicant"means the Owner who submits an Application under the provisions of this By-law; (c)"Application"means an application for a Permit or a Heritage Permit,on such form as prescribed by the Director; (d)"Arborist"means an expert in the care and maintenance of trees,and includes:(i)an arborist qualified by the Ontario Ministry of Training, Colleges and Universities;(ii)a Forest Technician or Forestry Technologist with an applicable college diploma and a minimum of two (2)years urban forestry experience;(iii)a certified arborist qualified by the Certification Board of the International Society of Arboriculture;(iv)a consulting arborist registered with the American Society of Consulting Arborists;(v)a Registered Professional Forester designated pursuant to the Professional Foresters Act,2000,S.O. 2000,c.18,as amended;or (vi)such other person with other similar qualifications as approved by the Director; (e)"Arborist's Report"means a technical report prepared by an Arborist Attachment #1 to PR12-001 Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -33 -74 - or Registered Professional Forester which identifies the surveyed location,species,size and condition of a tree,provides the reasons for any proposed Injuring or Destruction of a tree,and describes tree protection measures or other mitigating activities to be implemented; (f)"Council"means the Council of The Corporation of the Town of Aurora; (g)"Cultivated Orchard"means land where fruit or nut Trees are grown and maintained for the harvesting of their fruits or nuts; (h)"DBH"means the Diameter at Breast Height which shall be the diameter of the trunk of a Tree at a point of measurement 1.37metres above the ground.DBH of multi-trunk Trees shall be measured as presecribed in Schedule "A"to this By-law.Where a Tree has been cut down and the remaining stump is less than 1.37 metres in height,the DBH shall be the extrapolated diameter at 1.37 metres above the ground as set out in Schedule "B"to this By-law; (i)"Destroy and/or Destruction"means to kill by cutting,burning, uprooting,chemical application,or other means; (j)"Director"means the Director of Parks &Recreation Services for the Town or his or her designate; (k)"Emergency Work"means work required to be done immediately in order to prevent imminent danger,including Tree maintenance works necessary arising from natural events (e.g.,ice storm,high winds,lightning,etc.)as well as Tree maintenance works associated with emergency drain,utility and building repairs; (l)“Golf Course”means an area of land laid out and operating as a golf course,and includes putting greens,driving ranges,and other areas that are ancillary to the golf course uses on the land; (m)"Hazardous"means destabilized or structurally compromised to an extent that it presents an imminent danger of causing property damage or injury to life; (n)“Heritage Tree(s)”means any Tree,including but not limited to,pairs of Trees,avenues or windrows of Trees,grove or arboreal remnant,or one (1)or more Trees that form part of a cultural heritage landscape that is on private property and is: (i)it is located within a heritage conservation district as designated under Part V of the OHA; (ii)it is designated under,or located on a property designated under,Part IV of the OHA; (iii)it is designated by the Ontario Urban Forest Council; (iv)it is listed on the Town’s Register of Properties of Cultural Heritage Value or Interest. (o)“Heritage Permit”means a Heritage Permit issued by the Town as endorsed by Council after consultation with the Town’s Heritage Advisory Committee; (p)"Injure and/or Injury"means to damage or attempt to Destroy a Tree by:(i)removing,cutting,girdling,or smothering of its roots;(ii) interfering with its water supply;(iii)setting fire to it;(iv)applying chemicals on,around,or near it;(v)compacting or re-grading within the drip line of it;(vi)damages caused by new development or construction related activities that are not evaluated as part of an approval under the Planning Act;(vii)storing any materials within the Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -34 -75 - drip line;or (viii)any other means resulting from neglect,accident or design; (q)"Local Board"means a municipal service board,public library board, transportation commission,board of health,police services board,or any other board,commission,committee,body or local authority established or exercising any power under any legislation with respect to the affairs or purposes of the Town,but does not include a school board,a conservation authority,or a private cemetery corporation; (r)“Municipal Law Enforcement Officer"means an individual appointed by the Town by By-law pursuant to subsections 15(1)and 15(2)of the Police Services Act,R.S.O.1990,c.P.15,as amended for the administration and enforcement of Town by-laws; (s)“OHA”means the Ontario Heritage Act,R.S.O.1990,c.O.18,as amended; (t)"Owner"means the person having the right,title,interest or equity in the land containing the subject Tree,or his or her agent authorized in writing; (u)"Permit"means a Permit to Injure or Destroy a Tree issued by the Director; (v)"Permit Application Fee"means the prescribed fee as set out in the Application and as set out in the Town’s Fees and Services By-law,as may be amended from time to time; (w)"Person"and or “Persons”includes a corporation,a partnership,an individual,a public utility and its heirs,executors,Directors,or other legal representatives of a person to whom the context can apply according to law; (x)“Planning Act”means the Planning Act,R.S.O.1990,c.P.13,as amended; (y)"Pruning"means the removal of branches from living Trees by cutting at a point outside the branch collar (but does not include the removal of more than one quarter of a Tree's leaf-bearing crown), for the purpose of thinning the crown of a Tree to increase light penetration and air movement;providing clearance for utility lines, buildings,pedestrians or vehicles;or eliminating dead, hazardous or diseased wood; (z)"Registered Professional Forester"means a member of The Ontario Professional Foresters Association entitled to use the designation of "Registered Professional Forester"pursuant to subsection 14(6)of the Professional Foresters Act,2000,S.O.2000, c.18,as amended ; (aa)"Regional Municipality"means The Regional Municipality of York; (bb)“Town”means The Corporation of the Town of Aurora; (cc)"Tree"means any perennial woody plant,including its root system,which has reached or can reach a height of at least 4.5 meters at physiological maturity,located within the boundaries of the Town; (dd)"Tree Farm"means land where Tr ees are grown and maintained for sale; (ee)"Tree Inventory and Preservation Plan"means a plan required by the Town as a condition of development or re-development approval Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -35 -76 - pursuant to sections 41,51,or 53 of the Planning Act,which plan determines,among other things,the Trees to be:(i)preserved through an assessment process identifying Trees,shrubs and other specific areas of natural habitat and their ecological function or importance;(ii)the impacts of any proposed development on the Trees,shrubs,and other specific areas of natural habitat and their ecological function or importance;(iii)mitigation measures and measures to protect and manage Trees to be preserved (not limited to protective barriers and/or hoarding);and (iv)and proper practices to remove Trees to be destroyed; (ff)"Woodland"means land at least one (1)hectare in area and with at least: (i)1000 trees,of any size,per hectare; (ii)750trees measuring over five (5)centimeters DBH per hectare; (iii)500 trees measuring over twelve (12)centimeters DBH per hectare;or (iv)250 trees measuring over twenty (20)centimeters DBH per hectare; but does not include a nursery,a Cultivated Orchard,or a plantation established for the purpose of producing Christmas trees or nursery stock; (gg)"Woodlot"means land at least 0.2 hectares in area and no greater than one (1)hectare in area and with at least: (i)200 trees,of any size,per 0.2 hectares; (ii)150 trees,measuring over five (5)centimeters DBH,per 0.2 hectares; (iii)100 trees,measuring over twenty (12)centimeters DBH, per 0.2 hectares (iv)50 trees measuring over twenty (20)centimeters DBH, per 0.2 hectares; but does not include a nursery,a Cultivated Orchard or a plantation established for the purpose of producing Christmas trees or nursery stock; (hh)"York Region Forest Conservation By-law"means By-law No.TR- 0004-2005-036,as amended,or successor thereto,as enacted by the Regional Municipality. SECTION 2 PERMIT REQUIRED 2.1 Unless otherwise exempted by this By-law,no person shall permit or cause the Injury or Destruction of: (a)more than two (2)Trees within a twelve (12)month period having a trunk diameter of more than twenty (20) centimetres DBH and less than 70 centimeters DBH; (b)any Tree greater than seventy (70)centimeters DBHwithin a 12 month period;or (c)any Heritage Tree; Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -36 -77 - without first obtaining a Permit or Heritage Permit pursuant to this By-law. 2.2 Where a Permit or Heritage Permit has been issued under this By-law,no person shall permit or cause the Injury or Destruction of any Tree unless it is done in accordance with the conditions of the Permit or Heritage Permit and any other supporting documentation relevant to the issuance of the Permit or Heritage Permit. SECTION 3 PERMIT NOT REQUIRED 3.1 Delegation to the Regional Municipality for Woodlands The Regional Municipality shall have jurisdiction over the issuance of any type of permit allowing the Injury or Destruction of Trees on Woodlands. 3.2 Exemptions Notwithstanding section 2 of this By-law,a Permit or Heritage Permit is not required for the Injury or Destruction of Trees: (a)within Woodlands that are governed by the York Region Forest Conservation By-law; (b)within a building or structure,a solarium,rooftop garden,or an interior courtyard having a soil depth of less than 1.5 metres above a built substructure; (c)within a Tree Farm that is being actively managed and harvested for the purpose for which the Trees were planted; (d)within a Cultivated Orchard; (e)that is for the removal of a dead,diseased or Hazardous Tree,or a portion of such a Tree,where a certificate confirming the need for removal has been issued by an Arborist and submitted to the Director; (f)for Emergency Work; (g)for Pruning; (h)for activities or matters undertaken by the Town or a Local Board,but excluding activities requiring Heritage Permits; (i)for activities or matters authorized under a license issued under the Crown Forest Sustainability Act,1994,S.O.1994,c.25,as amended,or successor thereto; (j)for work performed by a person licensed under the Surveyors Act,R.S.O.1990,c.S.29,as amended,or successor thereto, to engage in the practice of cadastral surveying or his or her agent,while making a survey; (k)imposed after December 31,2002,as a condition to the approval of an executed site plan,plan of subdivision or a consent under section 41,51 or 53,respectively,of the Planning Act,or as a requirement of a development agreement entered into under those sections (including the Injury or Destruction of a Tree in compliance with a Tree Inventory and Preservation Plan); (l)imposed after December 31,2002,as a condition to a development permit authorized by regulation made under section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation; Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -37 -78 - (m)by a transmitter or distributor,as those terms are defined in section 2 of the Electricity Act,1998,S.O.1998,c.15,Sched. A,as amended,or succesor thereto,for the purpose of constructing and maintaining a transmission system or a distribution system,as those terms are defined in that section; (n)undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act,R.S.O.1990,c.A.8,as amended,or successor thereto; (o)undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land that:(i)has not been designated under the Aggregate Resources Act,R.S.O.1990, c.A.8,as amended or a predecessor of that Act;or (ii)on which a pit or quarry is a permitted land use under a by-law passed under section 34 of the Planning Act; (p)on lands owned by the Town or lands within the Town owned by the Regional Municipality;or for the removal of not more than ten (10)Trees within a twelve (12) month period on a Golf Course.having a trunk diameter of more than twenty (20)centimetres DBH and less than 70 centimeters DBH; (q) SECTION 4 ADMINISTRATION 4.1 Administration Authority Delegated to the Director The Director is responsible for the administration of this By-law and is hereby delegated the authority to receive certificates from an Arborist, Applications,and any required fees.The Director is further authorized to issue,revoke,or refuse to issue Permits,including imposing conditions thereto,in accordance with this By-law. 4.2 Power of Entry Submission of an Application is deemed consent of the Owner for the Director or Municipal Law Enforcement Officer to enter onto the lands that are subject to the Application to inspect the Tree(s)if considered necessary,in the sole opinion of the Director. Furthermore,submission of an Application is deemed consent of the Owner for such person designated as an inspector by the Canadian Food Inspection Agency,for the purposes of the Plant Protection Act,S.C.1990, c.22,as amended,or successor thereto,to inspect for the presence of pests (as defined in the said legislation)and to take any and all action including the removal of Trees on all private property,in accordance with the said legislation. 4.3 Enforcement The Municipal Law Enforcement Officer is hereby delegated the authority to enforce this By-law,and conduct inspections of Tree(s)pursuant to the exercise of their authority under this By-law and any other enacted legislation. SECTION 5 CERTIFICATE REQUIREMENTS 5.1 Dead,Diseased,or Hazardous Trees Subject to section 2.1 of this By-law,no person shall Injure,Destroy,or remove a dead,diseased or Hazardous Tree without first submitting a certificate prepared by an Arborist confirming that the Tree is dead, Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -38 -79 - diseased or Hazardous,to the sole satisfaction of the Director. 5.2 Emergency Works Notwithstanding subsection 3.2(f)of this By-law,the Owner shall,within seventy-two (72)hours of the completion of any Emergency Work,submit a certificate prepared by an Arborist confirming the requirement,nature and extent of the Emergency Work performed together with photographs depicting the condition of the Tree(s)removed immediately prior to its removal,all to the sole satisfaction of the Director. SECTION 6 APPLICATION REQUIREMENTS 6.1 Permit Application An Owner who wishes to Injure or Destroy Tree(s)for which a Permit or Heritage Permit is required shall submit an Application to the Director, and shall provide the following: (a)the name,address and telephone number of the Owner; (b)the non-refundable Application fee; (c)the purpose for which the Permit is required; (d)an Arborist's Report at the discretion of the Director; (e)where the base of a Tree straddles a property line,the written consent to the Permit issuance from the affected adjacent property owner;and (f)where the Applicant is not the Owner,the written authorization of the Owner consenting to the Application. Notwithstanding subsection 6.1(b),should the Director determine that the Application is exempt from the requirement for a Permit or Heritage Permit in accordance with section 3 of this By-law,the prescribed costs shall be refunded to the Owner. 6.2 Offence -False or Misleading Information No person shall submit false or misleading information in support of an Application.Together with any other penalties or fines that may be otherwise imposed,if such false or misleading information is found to have been submitted in support of an Application,such Application under consideration will be refused,and any Permit or Heritage Permit issued on the basis of such false or misleading information will be immediately rescinded. 6.3 Application Fee –Director Authorized to Waive The Director is authorized to reduce or waive the Application fee at his or her sole discretion,giving consideration to the financial circumstances of the Applicant. SECTION 7 ISSUANCE OF PERMIT 7.1 Permit Approval Process Upon receipt of an Application,the Director shall: (a)determine,with the assistance of the Manager of Heritage Planning,whether a Heritage Permit (instead of a Permit)is required pursuant to this By-law; (b)make a decision as to whether or not a Permit will be issued,and whether any conditions will be imposed on a Permit,through the Director’s consideration of the following criteria: Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -39 -80 - (i)the species of the Tree; (ii)the condition of the Tree; (iii)the location of the Tree; (iv)the protection of ecological systems and their functions,including the protection of native flora and fauna; (v)erosion,sedimentation of watercourses,and flood control; (vi)impacts to surrounding properties,including loss of shade,vistas or privacy; (vii)any potential cultural heritage value of the Tree in consultation with the Manager of Heritage Planning; (viii)any public comments received; (ix)comments received from such persons,staff and agencies as deemed necessary,in the Director’s sole opinion,for the proper review of the Application to determine whether or not a Permit should be issued and any conditions imposed thereto;and (x)any other such information that the Director deems to be necessary for the issuance of a Permit. (c)cause the Owner to post an information sign on the property in a location clearly visable from the street.The information sign will be provided by the Town to the Owner at the time of the Application,and shall remain posted on the property until the Permit has been issued.The sign can be attached to an existing feature such as a fence or pole,or placed on a stake. A declaration of sign posting must be completed and signed by the Applicant and submitted to the Director once the sign is posted. 7.2 Signage The signage called for in subsection 7.1(c)shall be posted and remain on the property for at least fifteen (15)days prior to the issuance of a Permit or Heritage Permit,and shall remain posted and visable on the property until the earlier of the completion of the works permitted pursuant to the Permit/Heritage Permit or the Permit/Heritage Permit expiration date. 7.3 Permit Not Issued -Subdivision Not Yet Draft Approved A Permit or Heritage Permit shall not be approved or issued where an application for subdivision approval or consent related to lands on which the subject Tree(s)is/are located has been submitted to the Town and has not received draft approval or provisional consent. 7.4 Permit Not Issued -Planning Application Not Approved A Permit or Heritage Permit shall not be approved or issued where a re- zoning application,an application for site plan approval,or an application to amend the official plan related to the lands on which the Tree(s)is/are located has been submitted to the Town and has not received final approval. 7.5 Permit Not Issued -Other A Permit or Heritage Permit shall not be approved or issued where: (a)a Tree to be Injured or Destroyed is an endangered species as defined in the Endangered Species Act,2007,S.O.2007,c.6,as amended, or the Species at Risk Act,S.C.2002,c.29,as amended; (b)approval would be in contravention of the Migratory Birds Convention Act,1994,S.C.1994,c.22,as amended; (c)issuance of a Permit is under the jurisdition of the Regional Muncicipality and/or required under the York Region Forest Conservation By-law;or (d)approval is inconsistent with an approved Tree Inventory and Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -40 -81 - Preservation Plan. 7.6 Permit Approved Subject to Conditions The issuance of a Permit or Heritage Permit may be subject to conditions imposed by the Director or Council,as the case may be,which may include any or all of the following requirements: (a)submission of a Vegetation Management Plan (“VMP”)to the satisfaction of the Director.The VMP shall be prepared by a certified Landscape Architect and may require the retention of an Arborist,at the discretion of the Director or Council.The VMP shall include,but not be limited to,the following: (i)a vegetation inventory &assessment:Identify all vegetation greater than 80mm DBH for individual Tree assessments and/or identify perimeter at canopy of woodland,groups or stands of vegetation;Identify trees &vegetation on adjacent property that may be impacted. Inventory shall include species,size and condition; (ii)identification of all vegetation removals and identification of all protection measures for vegetation designated to be preserved;including an impact assessment to support vegetation removals and/or preservation measures; (iii)provision of compliance monitoring and protection/ mitigation specifications including all arboricultural requirements for Trees designated to be preserved during construction; (iv)provision of post-construction performance monitoring and rehabilitation specifications; (v)an estimate of the monetary replacement value of the Tree(s)as set out in the International Society of Arboriculture (“ISA”)Guide for Plant Appraisal or approved equal (to be completed by an Arborist)and financial compensation,paid to the Town based on the aforementioned ISA appraisal process for Tree(s)/vegetation lost or destroyed; (vi)provision for replacement plantings at another suitable location on the property including provision of cash securities in an amount equal to one-hundred and twenty percent (120%)of the cost of replanting and maintaining the Trees for a period of two (2)years).Where restoration planting is not physically possible on the site for which the Permit is being issued,provision of a cash payment to the Town to be placed in the Town’s Tree Planting reserves for future Tree planting by the Town in an alternative location in the Town of Aurora; (b)the submission of a written undertaking and release to ensure that replacement plantings are carried out and maintained in accordance with landscaping and restoration plans approved by the Director;and/or (c)undertaking that the tree cutting work only occur under the supervision of an Arborist. 7.7 Permit Expiry Date The Director,in his or her sole discretion and taking into account the work to be completed under the Permit,shall include an expriation date on the Permit which shall not exceed a one (1)year period.Council may wish to impose an expiration date on any Heritage Permit being issued by the Town. No further Tree Injury or Destruction that is allowed pursuant to the Permit may occur after the expiration date. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -41 -82 - SECTION 8 APPEALS 8.1 An Applicant for a Permit or Heritage Permit may appeal to the Ontario Municipal Board under the following circumstances: (a)if the Town refuses to issue a Permit,within thirty (30)days after the refusal; (b)if the Town fails to make a decision on the Application,within sixty (60)days after the Application is received by the Director;or (c)if the Owner objects to a condition in the Permit or Heritage Permit,within thirty (30)days after the issuance of the Permit. SECTION 9 SEVERABILITY 9.1 Severability If a court of competent jurisdiction declares any provision,or any part of a provision of this By-law to be invalid or to be of no force and effect,it is the intention of the Town in enacting this By-law,that each and every other provision of this By-law authorized by law,be applied and enforced in accordance with its terms,to the extent possible,according to law. SECTION 10 ENFORCEMENT 10.1 Enforcement by Officer Pursuant to subsection 436(1)of the Act,a Municipal Law Enforcement Officer may,at any reasonable time,enter and inspect any land to determine whether this By-law,a direction or order under this By-law,or an order made pursuant to section 431 of the of the Act is being complied with. Pursuant to section 438 of the Act,a Municipal Law Enforcement Officer may undertake inspections pursuant to orders issued pursuant to section 438 of the Act. 10.2 Inspection -Powers For the purpose of an inspection carried out pursuant to subsection 10.1 of this By-law,a Municipal Law Enforcement Officer may: (a)require the production of documents or things relevant to the inspection; (b)inspect and remove documents or things relevant to the inspection for the purpose of making copies and extracts;and (c)require information from any person concerning a matter related to the inspection;and alone or in conjunction with a person possessing special expert knowledge make examinations,measurements,take tests,samples or photographs necessary for the purpose of the inspection. 10.3 By-law -Order Issued Where the Director or any Municipal Law Enforcement Officer is satisfied that a contravention of this By-law or a Permit/Heritage Permit issued under this By-law has occurred,the Director or Municipal Law Enforcement Officer may make an order setting out the particulars of the contravention and requiring the Owner or any other person to stop the Injury or Destruction of a Tree,or requiring work to be done to correct the contravention. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -42 -83 - The order shall set out the following: (a)the name of the Owner,the municipal address and the legal description of the land or property that is the subject of the contravention; (b)reasonable particulars of the contravention; (c)what the owner or any other person must do to rectify the contravention; (d)a statement that if the work is not done in compliance with the order within a specified time period,the Town will have the work done at the sole expense of the Owner or any other person deemed by the Director,in his or her sole discretion,to be responsible for the Injury or Destruction of a Tree; (e)the date and time by which the order must be compliance with;and (f)information regarding the Town's contact person. 10.4 An order issued pursuant to subsection 10.3 may be served personally or by sending it by prepaid registered mail to the last known address of the Owner and,if known,to the last known address of any other person deemed by the Director,in his or her sole discretion,to be responsible for the Injury or Destruction of a Tree. 10.5 Where service of an order under subsection 10.3 is made by mail,it shall be deemed to have been effected on the fifth (5th)day after the date the order is mailed. 10.6 In the event that service cannot be carried out under subsection 10.4 of this By-law,the Director or Municipal Law Enforcement Officer shall place a placard containing the terms of the order in a conspicuous place on the property where the Tree(s)are situated and placement of the placard will be deemed sufficient service of the order on the Owner and any other person to whom the order is directed. 10.7 If a Municipal Law Enforcement Officer is satisfied that a contravention of this By-law has occurred,he or she may make an order: (a)requiring the person who contravened the By-law or who caused or permitted the contravention or the Owner or occupier of the land on which the contravention occurred to discontinue the contravening activity;and/or (b)do work to correct the contravention. 10.8 Wherever this By-law or a Permit/Heritage Permit issued under this By-law directs or requires any matter or thing to be done by any person, and such person has failed to complete the matter or thing, the matter or thing may be done by the Town under the direction of the Director or a Municipal Law Enforcement Officer at the Owner's sole expense.The Town may enter upon the land at any reasonable time for this purpose and the Town may recover the costs incurred by action or by adding the costs to the tax roll and collecting them in the same manner as taxes pursuant to section 398 of the Act. 10.9 Contravention-Offences Any person who contravenes any provision of this By-law or an order issued pursuant to subsection 10.3 of this By-law is guilty of an offence.Pursuant to paragraph (a)of subsection 429(2)of the Act,all contraventions of this By-law or orders issued under subsection 10.3 of this By-law are designated as multiple offences and continuing offences.A multiple offence is an offence in respect of two (2)or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this By-law.For greater certainty,when multiple Trees are Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -43 -84 - Injured or Destroyed,the Injury or Destruction of each Tree is a separate offence. 10.10 Contravention -Fines On conviction of an offence under this By-law,a person is liable to a fine in accordance with section 429 of the Act and the following rules made pursuant to section 429 of the Act: (a)The minimum fine for any offence under this By-law is Five Hundred Dollars ($500.00); (b)In the case of a continuing offence,for each day or part of a day that the offence continues,the minimum fine shall be Five Hundred Dollars ($500.00),and the maximum fine shall be Ten Thousand Dollars ($10,000.00).The total of all of the daily fines for the offence may exceed One Hundred Thousand Dollars ($100,000.00);and (c)In the case of a multiple offence,for each offence included in the multiple offence,the minimum fine shall be Five Hundred Dollars ($500.00)and the maximum fine shall be Ten Thousand Dollars ($10,000.00).The total of all fines for each included offence may exceed One Hundred Thousand Dollars ($100,000.00). 10.11 Special Fines -No Maximum On conviction of an offence under this By-law a person is liable to a special fine in accordance with paragraph (d)of subsection 429(2)of the Act.The amount of the special fine will be the minimum fine as provided for in subsection 10.10 of this By-law to which may be added the amount of economic advantage or gain that the person has obtained or can obtain from the contravention of this By-law and/or order issued pursuant to subsection 10.3 of this By-law.Pursuant to paragraph 1 of subsection 429(3) of the Act,a special fine may exceed One Hundred Thousand Dollars ($100,000.00). 10.12 Conviction of an Offence -Additional Remedy Where a person is convicted of an offence under this By-law,the court in which the conviction has been entered,and any court of competent jurisdiction thereafter,may order the person to plant or replant trees in such manner and within such a period of time as the court considers appropriate, including any arboricultural treatment necessary to re-establish the Tree(s) or have the Tree(s)re-established. 10.13 Presumption -Owner If a contravention of this By-law or an order issued pursuant to subsection 10.3 of this By-law occurs,the contravention is presumed to have been committed by the Owner of the property on which the contravention has occurred unless otherwise proven by the Owner. ARTICLE 11 REPEAL 11.1 Repeal By-law Number 4474-03.D be and is hereby repealed in its entirety as of the effective date of this By-law. ARTICLE 12 EFFECTIVE DATE 12.1 Effective date THAT this By-law shall come into full force and effect on XXXX,2012. READ A FIRST AND SECOND TIME THIS XX DAY OF XXXX,2012. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -44 -85 - READ A THIRD TIME AND FINALLY PASSED THIS XX DAY OF XXXX,2012. ___________________________ GEOFFREY DAWE,MAYOR ___________________________ JOHN D.LEACH,TOWN CLERK Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -45 -86 - Measuring Tree Trunk Diameter At Breast Height (D.B.H) You must obtain a Permit to Injure or Destroy (a)Tree(s)prior to the harm,damage,impairment or destruction of any tree in the Town of Aurora with a trunk diameter at breast height (DBH)of 20 cm or more.To determine the DBH,you must measure the diameter of the tree trunk at 137 cm (1.37 m) above ground level. Simply measure a straight line 137cm (1.37m)from the ground up along the trunk If a tree’s branches or bumps interfere with the DBH measure- ment,take the measurement below the branch or bump Measure the diameter 137cm above the ground,at the mid- point of the trunk along the slope. Attachment #2 to PR12-001 Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -46 -87 - Measuring Tree Trunk Diameter At Breast Height Page 2 Record the diameter at the narrowed part of the main stem below the fork. Following the guideline to the left,measure the DBH of each trunk separately. Copies of the Town of Aurora Tree Preservation By-law are available from the Leisure Services department (Parks &Recreation Services)at the Municipal Offices located at 100 John West Way or on the Town of Aurora website: Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -47 -88 - Measuring Tree Trunk Diameter Minimum Diameter Measurements Trees greater than 20 cm diameter at breast height will be expected to have the following minimum diameter measurements. Height of Measurement above grade level - Trunk Diameter Attachment #3 to PR12-001 Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -48 -89 - Attachment #3 Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -49 -90 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -50 -91 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -51 -92 - THE CORPORATION OF THE TOWN OF AURORA By-law Number XXXX-12 BEING A BY-LAW to prohibit and/or regulate the Injury or Destruction of Trees on Private Property in the Town of Aurora and to repeal By-law Number 4474-03.D. WHEREAS subsection 135(1)of the Act provides that a local municipality may prohibit or regulate the destruction or injuring of trees; AND WHEREAS subsection 135(7)of the Act provides that a municipality may in a by-law require that a permit be obtained to injure or destroy trees and may impose conditions to a permit,including conditions relating to the manner in which destruction occurs and the qualifications of persons authorized to injure or destroy trees; AND WHEREAS the Town has delegated jurisdiction over Woodlands to the Regional Municipality; AND WHEREAS Council passed By-law Number 4474-03.D on October 28, 2003,with respect to authorizing the injury or destruction of trees; AND WHEREAS the Town deems it necessary and expedient to replace By- law Number 4474-03.D with a new By-law amd repeal By-law Number 4474- 03.D in its entirety; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: SECTION 1 DEFINITIONS 1.1 The following words as set out in this By-law shall have the following meanings: (a)“Act”means the Municipal Act,2001,S.O.2001,c.25,as amended; (b)"Applicant"means the Owner who submits an Application under the provisions of this By-law; Attachment #1 to PR12-016 Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -52 -93 - (c)"Application"means an application for a Permit or a Heritage Permit,on such form as prescribed by the Director; (d)"Arborist"means an expert in the care and maintenance of trees,and includes:(i)an arborist qualified by the Ontario Ministry of Training, Colleges and Universities;(ii)a Forest Technician or Forestry Technologist with an applicable college diploma and a minimum of two (2)years urban forestry experience;(iii)a certified arborist qualified by the Certification Board of the International Society of Arboriculture;(iv)a consulting arborist registered with the American Society of Consulting Arborists;(v)a Registered Professional Forester designated pursuant to the Professional Foresters Act,2000,S.O. 2000,c.18,as amended;or (vi)such other person with other similar qualifications as approved by the Director; (e)"Arborist's Report"means a technical report prepared by an Arborist or Registered Professional Forester which identifies the surveyed location,species,size and condition of a tree,provides the reasons for any proposed Injuring or Destruction of a tree,and describes tree protection measures or other mitigating activities to be implemented; (f)"Council"means the Council of The Corporation of the Town of Aurora; (g)"Cultivated Orchard"means land where fruit or nut Trees are grown and maintained for the harvesting of their fruits or nuts; (h)"DBH"means the Diameter at Breast Height which shall be the diameter of the trunk of a Tree at a point of measurement 1.37metres above the ground.DBH of multi-trunk Trees shall be measured as presecribed in Schedule "A"to this By-law.Where a Tree has been cut down and the remaining stump is less than 1.37 metres in height,the DBH shall be the extrapolated diameter at 1.37 metres above the ground as set out in Schedule "B"to this By-law; (i)"Destroy and/or Destruction"means to kill by cutting,burning, uprooting,chemical application,or other means; (j)"Director"means the Director of Parks &Recreation Services for the Town or his or her designate; (k)"Emergency Work"means work required to be done immediately in order to prevent imminent danger,including Tree maintenance works necessary arising from natural events (e.g.,ice storm,high winds,lightning,etc.)as well as Tree maintenance works associated with emergency drain,utility and building repairs; (l)“Golf Course”means an area of land laid out and operating as a golf course,and includes putting greens,driving ranges,and other areas that are ancillary to the golf course uses on the land; Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -53 -94 - (m)"Hazardous"means destabilized or structurally compromised to an extent that it presents an imminent danger of causing property damage or injury to life; (n)“Heritage Tree(s)”means any Tree,including but not limited to,pairs of Trees,avenues or windrows of Trees,grove or arboreal remnant,or one (1)or more Trees that form part of a cultural heritage landscape that is on private property and is: (i)it is located within a heritage conservation district as designated under Part V of the OHA; (ii)it is designated under,or located on a property designated under,Part IV of the OHA; (iii)it is designated by the Ontario Urban Forest Council; (iv)it is listed on the Town’s Register of Properties of Cultural Heritage Value or Interest. (o)“Heritage Permit”means a Heritage Permit issued by the Town as endorsed by Council after consultation with the Town’s Heritage Advisory Committee; (p)"Injure and/or Injury"means to damage or attempt to Destroy a Tree by:(i)removing,cutting,girdling,or smothering of its roots;(ii) interfering with its water supply;(iii)setting fire to it;(iv)applying chemicals on,around,or near it;(v)compacting or re-grading within the drip line of it;(vi)damages caused by new development or construction related activities that are not evaluated as part of an approval under the Planning Act;(vii)storing any materials within the drip line;or (viii)any other means resulting from neglect,accident or design; (q)"Local Board"means a municipal service board,public library board, transportation commission,board of health,police services board,or any other board,commission,committee,body or local authority established or exercising any power under any legislation with respect to the affairs or purposes of the Town,but does not include a school board,a conservation authority,or a private cemetery corporation; (r)“Municipal Law Enforcement Officer"means an individual appointed by the Town by By-law pursuant to subsections 15(1)and 15(2)of the Police Services Act,R.S.O.1990,c.P.15,as amended for the administration and enforcement of Town by-laws; (s)“OHA”means the Ontario Heritage Act,R.S.O.1990,c.O.18,as amended; Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -54 -95 - (t)"Owner"means the person having the right,title,interest or equity in the land containing the subject Tree,or his or her agent authorized in writing; (u)"Permit"means a Permit to Injure or Destroy a Tree issued by the Director; (v)"Permit Application Fee"means the prescribed fee as set out in the Application and as set out in the Town’s Fees and Services By-law,as may be amended from time to time; (w)"Person"and or “Persons”includes a corporation,a partnership,an individual,a public utility and its heirs,executors,Directors,or other legal representatives of a person to whom the context can apply according to law; (x)“Planning Act”means the Planning Act,R.S.O.1990,c.P.13,as amended; (y)"Pruning"means the removal of branches from living Trees by cutting at a point outside the branch collar (but does not include the removal of more than one quarter of a Tree's leaf-bearing crown), for the purpose of thinning the crown of a Tree to increase light penetration and air movement;providing clearance for utility lines, buildings,pedestrians or vehicles;or eliminating dead, hazardous or diseased wood; (z)"Registered Professional Forester"means a member of The Ontario Professional Foresters Association entitled to use the designation of "Registered Professional Forester"pursuant to subsection 14(6)of the Professional Foresters Act,2000,S.O.2000, c.18,as amended ; (aa)"Regional Municipality"means The Regional Municipality of York; (bb)“Town”means The Corporation of the Town of Aurora; (cc)"Tree"means any perennial woody plant,including its root system,which has reached or can reach a height of at least 4.5 meters at physiological maturity,located within the boundaries of the Town; (dd)"Tree Farm"means land where Tr ees are grown and maintained for sale; (ee)"Tree Inventory and Preservation Plan"means a plan required by the Town as a condition of development or re-development approval pursuant to sections 41,51,or 53 of the Planning Act,which plan determines,among other things,the Trees to be:(i)preserved Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -55 -96 - through an assessment process identifying Trees,shrubs and other specific areas of natural habitat and their ecological function or importance;(ii)the impacts of any proposed development on the Trees,shrubs,and other specific areas of natural habitat and their ecological function or importance;(iii)mi tigation measures and measures to protect and manage Trees to be preserved (not limited to protective barriers and/or hoarding);and (iv)and proper practices to remove Trees to be destroyed; (ff)"Woodland"means land at least one (1)hectare in area and with at least: (i)1000 trees,of any size,per hectare; (ii)750trees measuring over five (5)centimeters DBH per hectare; (iii)500 trees measuring over twelve (12)centimeters DBH per hectare;or (iv)250 trees measuring over twenty (20)centimeters DBH per hectare; but does not include a nursery,a Cultivated Orchard,or a plantation established for the purpose of producing Christmas trees or nursery stock; (gg)"Woodlot"means land at least 0.2 hectares in area and no greater than one (1)hectare in area and with at least: (i)200 trees,of any size,per 0.2 hectares; (ii)150 trees,measuring over five (5)centimeters DBH,per 0.2 hectares; (iii)100 trees,measuring over twenty (12)centimeters DBH, per 0.2 hectares (iv)50 trees measuring over twenty (20)centimeters DBH, per 0.2 hectares; but does not include a nursery,a Cultivated Orchard or a plantation established for the purpose of producing Christmas trees or nursery stock; (hh)"York Region Forest Conservation By-law"means By-law No.TR- 0004-2005-036,as amended,or successor thereto,as enacted by the Regional Municipality. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -56 -97 - SECTION 2 PERMIT REQUIRED 2.1 Unless otherwise exempted by this By-law,no person shall permit or cause the Injury or Destruction of: (a)more than two (2)Trees within a twelve (12)month period having a trunk diameter of more than twenty (20) centimetres DBH and less than 70 centimeters DBH; (b)any Tree greater than seventy (70)centimeters DBHwithin a 12 month period;or (c)any Heritage Tree; without first obtaining a Permit or Heritage Permit pursuant to this By-law. 2.2 Where a Permit or Heritage Permit has been issued under this By-law,no person shall permit or cause the Injury or Destruction of any Tree unless it is done in accordance with the conditions of the Permit or Heritage Permit and any other supporting documentation relevant to the issuance of the Permit or Heritage Permit. SECTION 3 PERMIT NOT REQUIRED 3.1 Delegation to the Regional Municipality for Woodlands The Regional Municipality shall have jurisdiction over the issuance of any type of permit allowing the Injury or Destruction of Trees on Woodlands. 3.2 Exemptions Notwithstanding section 2 of this By-law,a Permit or Heritage Permit is not required for the Injury or Destruction of Trees: (a)within Woodlands that are governed by the York Region Forest Conservation By-law; (b)within a building or structure,a solarium,rooftop garden,or an interior courtyard having a soil depth of less than 1.5 metres above a built substructure; (c)within a Tree Farm that is being actively managed and harvested for the purpose for which the Trees were planted; (d)within a Cultivated Orchard; Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -57 -98 - (e)that is for the removal of a dead,diseased or Hazardous Tree,or a portion of such a Tree,where a certificate confirming the need for removal has been issued by an Arborist and submitted to the Director; (f)for Emergency Work; (g)for Pruning; (h)for activities or matters undertaken by the Town or a Local Board,but excluding activities requiring Heritage Permits; (i)for activities or matters authorized under a license issued under the Crown Forest Sustainability Act,1994,S.O.1994,c.25,as amended,or successor thereto; (j)for work performed by a person licensed under the Surveyors Act,R.S.O.1990,c.S.29,as amended,or successor thereto, to engage in the practice of cadastral surveying or his or her agent,while making a survey; (k)imposed after December 31,2002,as a condition to the approval of an executed site plan,plan of subdivision or a consent under section 41,51 or 53,respectively,of the Planning Act,or as a requirement of a development agreement entered into under those sections (including the Injury or Destruction of a Tree in compliance with a Tree Inventory and Preservation Plan); (l)imposed after December 31,2002,as a condition to a development permit authorized by regulation made under section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation; (m)by a transmitter or distributor,as those terms are defined in section 2 of the Electricity Act,1998,S.O.1998,c.15,Sched. A,as amended,or succesor thereto,for the purpose of constructing and maintaining a transmission system or a distribution system,as those terms are defined in that section; (n)undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act,R.S.O.1990,c.A.8,as amended,or successor thereto; Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -58 -99 - (o)undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land that:(i)has not been designated under the Aggregate Resources Act,R.S.O.1990, c.A.8,as amended or a predecessor of that Act;or (ii)on which a pit or quarry is a permitted land use under a by-law passed under section 34 of the Planning Act; (p)on lands owned by the Town or lands within the Town owned by the Regional Municipality;or for the removal of not more than ten (10)Trees within a twelve (12)month period on a Golf Course.having a trunk diameter of more than twenty (20)centimetres DBH and less than 70 centimeters DBH; SECTION 4 ADMINISTRATION 4.1 Administration Authority Delegated to the Director The Director is responsible for the administration of this By-law and is hereby delegated the authority to receive certificates from an Arborist, Applications,and any required fees.The Director is further authorized to issue,revoke,or refuse to issue Permits,including imposing conditions thereto,in accordance with this By-law. 4.2 Power of Entry Submission of an Application is deemed consent of the Owner for the Director or Municipal Law Enforcement Officer to enter onto the l ands that are subject to the Application to inspect the Tree(s)if considered necessary,in the sole opinion of the Director. Furthermore,submission of an Application is deemed consent of the Owner for such person designated as an inspector by the Canadian Food Inspection Agency,for the purposes of the Plant Protection Act,S.C.1990, c.22,as amended,or successor thereto,to inspect for the presence of pests (as defined in the said legislation)and to take any and all action including the removal of Trees on all private property,in accordance with the said legislation. 4.3 Enforcement The Municipal Law Enforcement Officer is hereby delegated the authority to enforce this By-law,and conduct inspections of Tree(s)pursuant to the exercise of their authority under this By-law and any other enacted legislation. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -59 -100 - SECTION 5 CERTIFICATE REQUIREMENTS 5.1 Dead,Diseased,or Hazardous Trees Subject to section 2.1 of this By-law,no person shall Injure,Destroy,or remove a dead,diseased or Hazardous Tree without first submitting a certificate prepared by an Arborist confirming that the Tree is dead, diseased or Hazardous,to the sole satisfaction of the Director. 5.2 Emergency Works Notwithstanding subsection 3.2(f)of this By-law,the Owner shall,within seventy-two (72)hours of the completion of any Emergency Work,submit a certificate prepared by an Arborist confirming the requirement,nature and extent of the Emergency Work performed together with photographs depicting the condition of the Tree(s)removed immediately prior to its removal,all to the sole satisfaction of the Director. SECTION 6 APPLICATION REQUIREMENTS 6.1 Permit Application An Owner who wishes to Injure or Destroy Tree(s)for which a Permit or Heritage Permit is required shall submit an Application to the Director, and shall provide the following: (a)the name,address and telephone number of the Owner; (b)the non-refundable Application fee; (c)the purpose for which the Permit is required; (d)an Arborist's Report at the discretion of the Director; (e)where the base of a Tree straddles a property line,the written consent to the Permit issuance from the affected adjacent property owner;and (f)where the Applicant is not the Owner,the written authorization of the Owner consenting to the Application. Notwithstanding subsection 6.1(b),should the Director determine that the Application is exempt from the requirement for a Permit or Heritage Permit in accordance with section 3 of this By-law,the prescribed costs shall be refunded to the Owner. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -60 -101 - 6.2 Offence -False or Misleading Information No person shall submit false or misleading information in support of an Application.Together with any other penalties or fines that may be otherwise imposed,if such false or misleading information is found to have been submitted in support of an Application,such Application under consideration will be refused,and any Permit or Heritage Permit issued on the basis of such false or misleading information will be immediately rescinded. 6.3 Application Fee –Director Authorized to Waive The Director is authorized to reduce or waive the Application fee at his or her sole discretion,giving consideration to the financial circumstances of the Applicant. SECTION 7 ISSUANCE OF PERMIT 7.1 Permit Approval Process Upon receipt of an Application,the Director shall: (a)determine,with the assistance of the Manager of Heritage Planning,whether a Heritage Permit (instead of a Permit)is required pursuant to this By-law; (b)make a decision as to whether or not a Permit will be issued,and whether any conditions will be imposed on a Permit,through the Director’s consideration of the following criteria: (i)the species of the Tree; (ii)the condition of the Tree; (iii)the location of the Tree; (iv)the protection of ecological systems and their functions,including the protection of native flora and fauna; (v)erosion,sedimentation of watercourses,and flood control; (vi)impacts to surrounding properties,including loss of shade,vistas or privacy; (vii)any potential cultural heritage value of the Tree in consultation with the Manager of Heritage Planning; (viii)any public comments received; (ix)comments received from such persons,staff and agencies as deemed necessary,in the Director’s sole opinion,for the proper review of the Application to determine whether or not a Permit should be issued and any conditions imposed thereto;and (x)any other such information that the Director deems to be necessary for the issuance of a Permit. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -61 -102 - (c)cause the Owner to post an information sign on the property in a location clearly visable from the street.The information sign will be provided by the Town to the Owner at the time of the Application,and shall remain posted on the property until the Permit has been issued.The sign can be attached to an existing feature such as a fence or pole,or placed on a stake. A declaration of sign posting must be completed and signed by the Applicant and submitted to the Director once the sign is posted. 7.2 Signage The signage called for in subsection 7.1(c)shall be posted and remain on the property for at least fifteen (15)days prior to the issuance of a Permit or Heritage Permit,and shall remain posted and visable on the property until the earlier of the completion of the works permitted pursuant to the Permit/Heritage Permit or the Permit/Heritage Permit expiration date. 7.3 Permit Not Issued -Subdivision Not Yet Draft Approved A Permit or Heritage Permit shall not be approved or issued where an application for subdivision approval or consent related to lands on which the subject Tree(s)is/are located has been submitted to the Town and has not received draft approval or provisional consent. 7.4 Permit Not Issued -Planning Application Not Approved A Permit or Heritage Permit shall not be approved or issued where a re- zoning application,an application for site plan approval,or an application to amend the official plan related to the lands on which the Tree(s)is/are located has been submitted to the Town and has not received final approval. 7.5 Permit Not Issued -Other A Permit or Heritage Permit shall not be approved or issued where: (a)a Tree to be Injured or Destroyed is an endangered species as defined in the Endangered Species Act,2007,S.O.2007,c.6,as amended, or the Species at Risk Act,S.C.2002,c.29,as amended; (b)approval would be in contravention of the Migratory Birds Convention Act,1994,S.C.1994,c.22,as amended; (c)issuance of a Permit is under the jurisdition of the Regional Muncicipality and/or required under the York Region Forest Conservation By-law;or (d)approval is inconsistent with an approved Tree Inventory and Preservation Plan. 7.6 Permit Approved Subject to Conditions The issuance of a Permit or Heritage Permit may be subject to conditions imposed by the Director or Council,as the case may be,which may include any or all of the following requirements: Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -62 -103 - (a)submission of a Vegetation Management Plan (“VMP”)to the satisfaction of the Director.The VMP shall be prepared by a certified Landscape Architect and may require the retention of an Arborist,at the discretion of the Director or Council.The VMP shall include,but not be limited to,the following: (i)a vegetation inventory &assessment:Identify all vegetation greater than 80mm DBH for individual Tree assessments and/or identify perimeter at canopy of woodland,groups or stands of vegetation;Identify trees &vegetation on adjacent property that may be impacted. Inventory shall include species,size and condition; (ii)identification of all vegetation removals and identification of all protection measures for vegetation designated to be preserved;including an impact assessment to support vegetation removals and/or preservation measures; (iii)provision of compliance monitoring and protection/ mitigation specifications including all arboricultural requirements for Trees designated to be preserved during construction; (iv)provision of post-construction performance monitoring and rehabilitation specifications; (v)an estimate of the monetary replacement value of the Tree(s)as set out in the International Society of Arboriculture (“ISA”)Guide for Plant Appraisal or approved equal (to be completed by an Arborist)and financial compensation,paid to the Town based on the aforementioned ISA appraisal process for Tree(s)/vegetation lost or destroyed; (vi)provision for replacement plantings at another suitable location on the property including provision of cash securities in an amount equal to one-hundred and twenty percent (120%)of the cost of replanting and maintaining the Trees for a period of two (2)years).Where restoration planting is not physically possible on the site for which the Permit is being issued,provision of a cash payment to the Town to be placed in the Town’s Tree Planting reserves for future Tree planting by the Town in an alternative location in the Town of Aurora; (b)the submission of a written undertaking and release to ensure that replacement plantings are carried out and maintained in accordance with landscaping and restoration plans approved by the Director;and/or (c)undertaking that the tree cutting work only occur under the supervision of an Arborist. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -63 -104 - 7.7 Permit Expiry Date The Director,in his or her sole discretion and taking into account the work to be completed under the Permit,shall include an expriation date on the Permit which shall not exceed a one (1)year period.Council may wish to impose an expiration date on any Heritage Permit being issued by the Town. No further Tree Injury or Destruction that is allowed pursuant to the Permit may occur after the expiration date. SECTION 8 APPEALS 8.1 An Applicant for a Permit or Heritage Permit may appeal to the Ontario Municipal Board under the following circumstances: (a)if the Town refuses to issue a Permit,within thirty (30)days after the refusal; (b)if the Town fails to make a decision on the Application,within sixty (60)days after the Application is received by the Director;or (c)if the Owner objects to a condition in the Permit or Heritage Permit,within thirty (30)days after the issuance of the Permit. SECTION 9 SEVERABILITY 9.1 Severability If a court of competent jurisdiction declares any provision,or any part of a provision of this By-law to be invalid or to be of no force and effect,it is the intention of the Town in enacting this By-law,that each and every other provision of this By-law authorized by law,be applied and enforced in accordance with its terms,to the extent possible,according to law. SECTION 10 ENFORCEMENT 10.1 Enforcement by Officer Pursuant to subsection 436(1)of the Act,a Municipal Law Enforcement Officer may,at any reasonable time,enter and inspect any land to determine whether this By-law,a direction or order under this By-law,or an order made pursuant to section 431 of the of the Act is being complied with. Pursuant to section 438 of the Act,a Municipal Law Enforcement Officer may undertake inspections pursuant to orders issued pursuant to section 438 of the Act. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -64 -105 - 10.2 Inspection -Powers For the purpose of an inspection carried out pursuant to subsection 10.1 of this By-law,a Municipal Law Enforcement Officer may: (a)require the production of documents or things relevant to the inspection; (b)inspect and remove documents or things relevant to the inspection for the purpose of making copies and extracts;and (c)require information from any person concerning a matter related to the inspection;and alone or in conjunction with a person possessing special expert knowledge make examinations,measurements,take tests,samples or photographs necessary for the purpose of the inspection. 10.3 By-law -Order Issued Where the Director or any Municipal Law Enforcement Officer is satisfied that a contravention of this By-law or a Permit/Heritage Permit issued under this By-law has occurred,the Director or Municipal Law Enforcement Officer may make an order setting out the particulars of the contravention and requiring the Owner or any other person to stop the Injury or Destruction of a Tree,or requiring work to be done to correct the contravention. The order shall set out the following: (a)the name of the Owner,the municipal address and the legal description of the land or property that is the subject of the contravention; (b)reasonable particulars of the contravention; (c)what the owner or any other person must do to rectify the contravention; (d)a statement that if the work is not done in compliance with the order within a specified time period,the Town will have the work done at the sole expense of the Owner or any other person deemed by the Director,in his or her sole discretion,to be responsible for the Injury or Destruction of a Tree; (e)the date and time by which the order must be compliance with;and (f)information regarding the Town's contact person. 10.4 An order issued pursuant to subsection 10.3 may be served personally or by sending it by prepaid registered mail to the last known address of the Owner and,if known,to the last known address of any other person deemed by the Director,in his or her sole discretion,to be responsible for the Injury or Destruction of a Tree. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -65 -106 - 10.5 Where service of an order under subsection 10.3 is made by mail,it shall be deemed to have been effected on the fifth (5th)day after the date the order is mailed. 10.6 In the event that service cannot be carried out under subsection 10.4 of this By-law,the Director or Municipal Law Enforcement Officer shall place a placard containing the terms of the order in a conspicuous place on the property where the Tree(s)are situated and placement of the placard will be deemed sufficient service of the order on the Owner and any other person to whom the order is directed. 10.7 If a Municipal Law Enforcement Officer is satisfied that a contravention of this By-law has occurred,he or she may make an order: (a)requiring the person who contravened the By-law or who caused or permitted the contravention or the Owner or occupier of the land on which the contravention occurred to discontinue the contravening activity;and/or (b)do work to correct the contravention. 10.8 Wherever this By-law or a Permit/Heritage Permit issued under this By-law directs or requires any matter or thing to be done by any person, and such person has failed to complete the matter or thing, the matter or thing may be done by the Town under the direction of the Director or a Municipal Law Enforcement Officer at the Owner's sole expense.The Town may enter upon the land at any reasonable time for this purpose and the Town may recover the costs incurred by action or by adding the costs to the tax roll and collecting them in the same manner as taxes pursuant to section 398 of the Act. 10.9 Contravention-Offences Any person who contravenes any provision of this By-law or an order issued pursuant to subsection 10.3 of this By-law is guilty of an offence.Pursuant to paragraph (a)of subsection 429(2)of the Act,all contraventions of this By-law or orders issued under subsection 10.3 of this By-law are designated as multiple offences and continuing offences.A multiple offence is an offence in respect of two (2)or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this By-law.For greater certainty,when multiple Trees are Injured or Destroyed,the Injury or Destruction of each Tree is a separate offence. 10.10 Contravention -Fines On conviction of an offence under this By-law,a person is liable to a fine in accordance with section 429 of the Act and the following rules made pursuant to section 429 of the Act: (a)The minimum fine for any offence under this By-law is Five Hundred Dollars ($500.00); Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -66 -107 - (b)In the case of a continuing offence,for each day or part of a day that the offence continues,the minimum fine shall be Five Hundred Dollars ($500.00),and the maximum fine shall be Ten Thousand Dollars ($10,000.00).The total of all of the daily fines for the offence may exceed One Hundred Thousand Dollars ($100,000.00);and (c)In the case of a multiple offence,for each offence included in the multiple offence,the minimum fine shall be Five Hundred Dollars ($500.00)and the maximum fine shall be Ten Thousand Dollars ($10,000.00).The total of all fines for each included offence may exceed One Hundred Thousand Dollars ($100,000.00). 10.11 Special Fines -No Maximum On conviction of an offence under this By-law a person is liable to a special fine in accordance with paragraph (d)of subsection 429(2)of the Act.The amount of the special fine will be the minimum fine as provided for in subsection 10.10 of this By-law to which may be added the amount of economic advantage or gain that the person has obtained or can obtain from the contravention of this By-law and/or order issued pursuant to subsection 10.3 of this By-law.Pursuant to paragraph 1 of subsection 429(3) of the Act,a special fine may exceed One Hundred Thousand Dollars ($100,000.00). 10.12 Conviction of an Offence -Additional Remedy Where a person is convicted of an offence under this By-law,the court in which the conviction has been entered,and any court of competent jurisdiction thereafter,may order the person to plant or replant trees in such manner and within such a period of time as the court considers appropriate, including any arboricultural treatment necessary to re-establish the Tree(s) or have the Tree(s)re-established. 10.13 Presumption -Owner If a contravention of this By-law or an order issued pursuant to subsection 10.3 of this By-law occurs,the contravention is presumed to have been committed by the Owner of the property on which the contravention has occurred unless otherwise proven by the Owner. ARTICLE 11 REPEAL 11.1 Repeal By-law Number 4474-03.D be and is hereby repealed in its entirety as of the effective date of this By-law. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -67 -108 - ARTICLE 12 EFFECTIVE DATE 12.1 Effective date THAT this By-law shall come into full force and effect on XXXX,2012. READ A FIRST AND SECOND TIME THIS XX DAY OF XXXX,2012. READ A THIRD TIME AND FINALLY PASSED THIS XX DAY OF XXXX,2012. ___________________________ GEOFFREY DAWE,MAYOR ___________________________ JOHN D.LEACH,TOWN CLERK Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -68 -109 - GENERAL COMMITTEE No.PR12-001 SUBJECT:Approval of Tree Protection By-law FROM:Allan D.Downey,Director of Parks and Recreation Services DATE:January 17,2012 RECOMMENDATIONS THAT report PR12-001 be received as information;and THAT staff be directed to publicise notice of the revised Draft Tree Protection By- law,in the local media,Town of Aurora website and in all municipal facilities for the purposes of allowing the public and stake holders with an opportunity to review the proposed By-law and provide comment;and THAT following this public consultation period,staff report back to Council prior to May 2012 with a final draft Tree Protection By-law with recommendations for Councils consideration in enacting the final revised By-law. PURPOSE OF THE REPORT To provide Council with a draft of a proposed Tree Protection By-law and to provide the public and stake holders with an opportunity to review and comment on the By-law prior to its enactment. BACKGROUND At the January 25,2011 General Committee meeting,Council received a delegation from a citizen who had several concerns with the Town’s current Tree Permit By-Law No.4474-03D.The concerns of this citizen were primarily focused on tree removal on the Oak Ridges Moraine and,in particular,with the fact that Golf Course establishments are exempt under the Town’s current by-law. In response to this delegation General Committee directed staff as follows: General Committee recommends: THAT the comments of the delegate be received and referred to staff;and THAT staff be directed to report back to Council on the specific comments raised by the delegate respecting golf courses as well as any other issue staff may identify with respect to the enforcement and protection of trees. TOWN OF AURORA Attachment #2 to PR12-016 Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -69 -110 - January 17,2012 -2 -Report No.PR12-001 Following Council direction,members of the Executive Leadership Team appointed a Tree By-law Review Committee consisting of the Manager of Parks,the Manager of Engineering and Design,the Manager of Building Code Review,and the Manager of Planning and Development. The Committee held a series of meetings for the purposes of conducting an overall review of the current by-law in an effort to evaluate its applicability and effectiveness including a number of issues revolving around the administration of the by-law. As a first step in the by-law review,the Committee conducted a public consultation process whereby an online survey was conducted in order to assist the Committee in establishing a baseline of public opinion regarding the importance of trees in our municipality. The online survey was completed by 100 respondents.This could be considered a relatively low participation rate and not indicative of community-wide public opinion, given Aurora’s gross population of over 52,000;however,staff was advised by our Communication Department,who assisted in the survey,that this survey was among the highest in participation of any previously conducted survey. While the information obtained from the survey was helpful in assisting the Committee, it was not considered paramount or as a single resource in formulating the overall content of the revised by-law;rather,the committee used a measured approach in guiding the review process,taking into consideration a number of criteria including the following: Research of other neighbouring and GTA municipalities Tree Protection by-laws; Consultation with the Region of York; Identification and revision of inconsistent language in the current By-law and revision of same; Public opinion; Revisions to internal interdepartmental administration processes;and Consultation with the Manager of Heritage Planning. During the review process the Committee focused on a number of areas where there was concern with interpreting and differentiating between the Towns’s existing Tree Permit By-law and the Region of York Tree Protection By-law No.TR-004-2005-036. As with all local by-laws,the Upper-tier municipality by-law (York Region)takes precedence in its applicability over any lower-tier by-law (Aurora).To state this in simplistic terms,the York Region Tree Permit By-law will continue to apply to wooded properties in the Town of Aurora greater than one hectare in size.The Town of Aurora’s Tree Protection By-law will continue to apply to any private property or tree covered area within a property that is less than one hectare in size,as is currently the case. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -70 -111 - January 17,2012 -3 -Report No.PR12-001 In our discussions with the Region of York,staff were advised that the Town of Aurora did not delegate to the Region of York,our authority to enforce their Tree Protection By- law on Aurora properties of 0.2 to 1.0 hectares in size when the York Region Tree Protection By-law was revised in 2005,as is permitted under subsection 135 (10)of the Municipal Act. Staff were advised that many other local municipalities did delegate this authority to the Region of York;however,in our discussions with the Regional Forestry Coordinator,it was agreed that there was no advantage in delegating our authority to the Region given that our by-law is more geared to the higher density municipal setting and properties that are,for the most part,under one hectare in size. TREE PROTECTION BY-LAW REVISIONS PROPOSED There are a number of revisions proposed in the by-law,many of which are small in nature;however,in addition to these revisions,there are more significant revisions that will substantially change the way the by-law works and how it is applied.For the purposes of highlighting only the more significant revisions,the Committee has listed these revisions along with a brief explanation of each revision as follows: 1.REDUCTION IN THE NUMBER OF TREES REMOVED WITHOUT A PERMIT DOWN TO TWO TREES IN A 12-MONTH PERIOD FROM NOT MORE THAN FOUR TREES The proposed by-law will reduce the number of trees that can be removed without first obtaining a permit from the current four trees down to two trees. Based on the results of the public survey,and the fact that many other municipalities require that a permit be issued for the removal of a single tree,this change was considered a more moderate revision that would still enable most private property owners to manage their property. 2.GOLF COURSES NOW INCLUDED IN THE BY-LAW BUT ABLE TO REMOVE UP TO 10 TREES IN A 12-MONTH PERIOD WITHOUT A PERMIT The current by-law provides for an exemption to golf courses.In reviewing the public survey results and other municipal trees by-laws,the By-law Review Committee sees a need to regulate the cutting of trees on golf course properties; however,the Committee also believes that golf course owners need a level of flexibility to be able to manage their business needs.As such,the Committee felt that being able to remove ten trees in a 12-month period without a permit provides golf courses with that flexibility.In addition,most other municipal tree by-laws require golf courses to obtain a permit to remove a single tree. 3.CONSERVATION AUTHORITY AND SCHOOL BOARDS ARE NOW INCLUDED IN THE BY-LAW REQUIRED TO OBTAIN PERMITS The current by-law provides for an exemption to Conservation Authorities and School Boards.The By-law Committee in discussions with our Legal Services department were advised that there are no provincial acts or regulations that exempt these agencies from complying with local ordinances.In view of the public comments and the large tracts of forested lands owned and managed by Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -71 -112 - January 17,2012 -4 -Report No.PR12-001 LSRCA and TRCA in the Town of Aurora,the Committee suggests that these agencies be included in the proposed by-law as an additional measure of protection over these resources. 4.DIRECTOR TO ISSUE/DENY PERMITS AS AN ADMINISTRATIVE FUNCTION Permits issued under the current by-law are subject to Council approval. Although this is an effective approvals process in that Council is well informed of all tree removal permits,it is a very time consuming and administratively intensive process that can require six to eight weeks to process a tree permit application.The Committee felt that this process should be streamlined both from a customer service and administrative standpoint which is in keeping with the majority of other municipal Tree Protection By-laws.Council will remain involved in the process in the event of a permit refusal by the Director of Parks and Recreation Services whereby an Applicant would appeal the refusal decision directly to General Committee.In addition,staff can establish,via policy,that Council is notified of all tree permits that have been issued or denied. 5.PERMIT MUST BE OBTAINED PRIOR TO REMOVING SINGLE TREES 70 CM (27.5 in.)AND ABOVE There are no provisions in the current by-law that require a permit to be obtained prior to removing up to four trees of any size in a 12-month period.Based on the results of the public survey and the environmental benefits associated with the leaf area canopy of our larger trees,the Committee suggested that single tree protection in the by-law for these older and much larger trees is appropriate. 6.PERMIT MUST BE OBTAINED PRIOR TO REMOVING A SINGLE TREE IN THE HERITAGE RESOURCE DISTRICT INCLUDING TREES ON DESIGNATED HERITAGE PROPERTIES The current by-law has provision for protection of five trees or more on properties designated under the Ontario Heritage Act.With a further requirement for an applicant to obtain approval from the Town’s Heritage Advisory Manager prior to the issuance of a tree removal permit.The proposed revision will apply to single tree protection on OHA designated properties as well as single trees within the Heritage Resource Area as identified on Schedule B attached to the By-law.The Aurora Cemetery would be an example of a designated property that would be subject to obtaining a permit to remove a single tree 20 cm in diameter or larger. 7.CLARIFIED INTENT OF THE BY-LAW EXEMPTIONS AS IT RELATES TO ADMINISTERING SUBDIVISION AND SITE PLAN APPLICATIONS Section 20 of the existing by-law which deals with tree permit exemptions - relating to planning approvals associated with land development -has been previously interpreted to require that all final development agreements be signed by both parties prior to the removal of trees on the subject lands.In this case a tree removal permit is not required. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -72 -113 - January 17,2012 -5 -Report No.PR12-001 Very often there is an extensive period of time required in the process of executing a final development agreement.The By-law Review Committee acknowledges that this particular requirement can cause significant delays and complications for applicants wishing to proceed with pre-servicing of sites while awaiting the final development agreement to be executed.As such the Committee suggests that the revised by-law requires all applicants wishing to move forward with site works prior to a signed agreement be required to obtain a tree removal permit. Under this scenario,the applicant will be required to apply for a tree removal permit and to fulfill all conditions imposed on the permit in order to satisfy the intent of both the Tree Protection By-law and all forestry-related requirements contained in the pending development agreement. 8.SET MINIMUM FINES Under the current by-law there are no applicable minimum/maximum fines for a first offence.The revised by-law now provides for a minimum fine of $500.00 on a first offence and a maximum fine for any offence of $100,000.00. COMMENTS Perhaps one of the more significant revisions in this by-law is the provision to include golf course establishments.During the consultation process,staff received a written submission from a local golf course suggesting that the current Regional Tree Protection By-law was sufficient enough to ensure that due process was in place to regulate golf courses and further suggested that the inclusion of golf courses in the revised by-law could be seen as duplication. While the committee acknowledged the fact that the Regional by-law is applicable,it is only applicable to woodlands greater that one hectare in size.The Town’s revised by- law will deal with treed areas on golf course lands less than one hectare which is not a duplication of the Regional by-law. With this more restrictive Tree Protection By-law it is expected that there will potentially be a corresponding increase in the level of administrative work that will result.Currently Parks Division staff is primarily responsible for the majority of the administrative requirements associated with the by-law The By-law Enforcement section is also involved when an infraction has been reported and an onsite investigation is deemed necessary.Currently,staff issues an average of two or three tree permits each year.A total of nine permits have been issued since the Tree Permit By-law was enacted in 2003.As such staff are recommending that a watch-and-wait approach for a one-year period to properly gauge and assess the increase in the administrative work load prior to recommending retention of additional resources. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -73 -114 - January 17,2012 -6 -Report No.PR12-001 Following this period staff will be in a better position to evaluate and quantify the impacts that this revised by-law has had on both the Parks and Recreation section and the By-law Enforcement section.If deemed necessary,staff will then follow up with a further report to Council on the matter and include the appropriate recommendations with respect to the administration resource needs of the by-law. As with any revised or newly created by-law there will be a period of time required to educate and communicate with our residents and businesses in order to ensure that the revised by-law is enacted through a fair and open process. The Committee suggests that in the event Council approves the revised by-law,a significant effort and time allocation be made to communicate this revised by-law to the public prior to its enactment.As such,staff will prepare an appropriate public notice to be posted in the local media,on our website and in our municipal buildings for a period of time. ALTERNATIVE(S)TO THE RECOMMENDATIONS 1.Council could direct staff to make further revisions to the draft by-law prior to its releasing the By-law to the Public. 2.Council could delay the acceptance of the draft by-law for an indefinite period of time to provide for more public dialogue,input and revisions. FINANCIAL IMPLICATIONS There are a number of financial implications that may be realised with the passage of this more restrictive by-law as follows: Increased administration associated with issuing tree protection permits; Increased administration associated with preparing reports and materials for appeals to Council; Increased site visits,meetings and monitoring for compliance with permits that have been issued; Increased time communicating with and educating residents and customers on the various aspects of the by-law. As previously indicated,it is difficult to forecast with any certainty the definitive impacts associated with administering this by-law at the present time.Revised fees proposed in the by-law will be subject to approval in the annual fees and service charges. CONCLUSIONS That Council receive the draft revised Tree Protection By-law as information and that staff be directed to publicise notice of the revised Tree Protection By-law in the local media for the purposes of allowing the public and stake holders to review the draft By- law and provide comments. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -74 -115 - January 17,2012 -7 -Report No.PR12-001 ATTACHMENTS Attachment #1 –Revised Tree Protection By-law Attachment#2 –Schedule A to the Draft Tree Protection By-law Attachment #3–Schedule B to the Draft Tree Protection By-law PRE-SUBMISSION REVIEW Executive Leadership Team Meeting,Thursday,January 5,2012. Prepared by:Jim Tree,Manager of Parks-Ext.3222 ______________________________________________________________ Allan D.Downey Neil Garbe Director of Parks and Recreation Services Chief Administrative Officer Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -75 -116 - Attachment #3 to PR12-016 Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -76 -117 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -77 -118 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -78 -119 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -79 -120 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -80 -121 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -81 -122 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -82 -123 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -83 -124 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -84 -125 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -85 -126 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -86 -127 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -87 -128 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -88 -129 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -89 -130 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -90 -131 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -91 -132 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -92 -133 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -93 -134 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -94 -135 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -95 -136 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -96 -137 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -97 -138 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -98 -139 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -99 -140 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -100 -141 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -101 -142 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -102 -143 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -103 -144 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -104 -145 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -105 -146 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -106 -147 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -107 -148 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -108 -149 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -109 -150 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -110 -151 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -111 -152 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -112 -153 - ONTARIO GOLF SUPERINTENDENTS’ASSOCIATION Guelph Turfgrass Institute 328 Victoria Road South Guelph,Ontario N1L 0H2 www.golfsupers.on.ca . April 18,2012 To:Public Planning Committee Town of Aurora On behalf of the all the all golf courses in Ontario and most specifically the golf courses in Aurora we would like to comment on the debate on amending your current tree bylaw and the proposed revision to include golf courses. Golf courses are inherently different than other properties in that they are commercial enterprises of which the success is determined by the quality of the landscape to support a specific use –the playing of the game of golf.The success of a particular golf course as a business is directly dependant on the quality of the course in comparison to others.Quality is measured in many ways,the aesthetic appeal of the course,the degree of challenge and most notably,the quality and consistency of tees,greens and fairways.Achieving excellence in the management of tees,greens and fairways is a science. Turf requires specific ratios of sunlight,moisture,nutrition,etc.to remain in a good resilient state that can withstand the impacts of play.Consequently golf courses must have the latitude to manage trees specifically and the landscape in general to ensure that they remain viable and successful businesses in the realm of the competitive golf marketplace. If the exemption was not in place and a course was for whatever reason not permitted to remove trees that grow very large over time and impact the quality or playability of the course,this in turn would directly impact the viability of the course as a business and this could have further ramifications in terms of requests for compensation for the loss of revenue resulting from the prohibition of tree removal.Once again,an idea that appears to be very simple on the surface holds the potential to have significant ramifications that could lead to undesirable conflicts in practice. Most importantly,all areas designated as significant woodlands are already governed by York Region. With this in mind we present the following comments. The golf courses in Aurora are committed to the cultural,environmental and economic sustainability of the Town of Aurora and outlying areas.We ask that you consider our requests to be included within the Town of Aurora's amended Tree By-law #4474-03.D,and that it remains clear,broadly inclusive,and consistent with other municipal,regional and provincial policies and legislation.Policies need to incorporate concepts relevant to the responsible environmental management of golf courses and move beyond conventional notions of tree removal as it pertains to residential units to include playability, safety,agronomic,economic and ecological considerations.It is with this commitment that we ask the Town of Aurora's amended Tree Bylaw considers some specific needs of the golf industry to assist us in our sustainability goals. Phone:(519)767-3341 Toll Free 1-877-824-OGSA (6472)Fax:(519)766-1704 Email:ogsa@gti.uoguelph.ca Web Site:www.golfsupers.on.ca OGSA is committed to serving its members, advancing their profession,and enriching the quality of golf and its environment Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -113 -154 - If golf courses are not exempt by the amended Tree By-Law #4474-03D,and are therefore required to apply for permits whenever the removal of ten or more trees is required,we ask that you respectfully consider the following 3 requests: A)Tree removal parameters must be cohesive with recommendations of industry best practices supported by Ontario's cosmetic pesticides ban.The requirements of the ban,which took effect April 22,2009,are detailed in Ontario Regulation 63/09 and the Pesticides Act,which was amended by the Cosmetic Pesticides Ban Act,2008.This also saw the Town of Aurora's Pesticide By-law 5033-08.P, which also supported industry best practices,was made inoperative by Section 7.1 (5)of the Pesticides Act. In order for golf courses to maintain an exemption of Ontario Regulation 63/09 and the Pesticides Act, they must demonstrate the use of best practices and be approved by a certified environmental auditor as designated by the Canadian Environmental Certification Approvals Board (CECAB).The IPM Agent (golf course representative)must demonstrate to the Auditor the methods he/she uses to implement IPM. Tree and branch removal are promoted as best practices to encourage sun exposure,while the clearing of tree's and understory in some circumstances helps to increase air movement around turfgrass that is prone to fungal infestation.These methods are supported by the Ontario Golf Superintendent Association (OGSA),the Canadian Golf Superintendents Association (CGSA)and the Integrated Pest Management Council of Canada and therefore are considered tools and best practices by CECAB auditors and the IPM Accreditation program. We request that if golf courses are required to meet the expectations set forth within an amended Tree By-Law that provisions and exceptions are made for golf courses to continue to meet these high standards set forth by industry and Provincial Government. B)The Town of Aurora's Parks Division has two fully trained and experienced municipal Arborists.We request that their approval of plans through an on-site visit be considered as part of this new bylaw. Their trained and educated decisions would help ensure town standards are adhered to while also accommodating the agronomic,cultural and environmental needs of the golf course.If council decides that the golf course should be responsible for Arborist fee's we ask that you consider a five year transition to ease the financial burden on golf courses and allow them to prepare budgets accordingly C)Mandatory compensation plantings,referred to as "replacement trees"in By-law #4474-03.D,do not meet the needs of all golf course models.They can have profound effects on the economic (business model),social (playability)and ecological model of the golf course.Some estimate that Aurora's tree coverage stands at about 17 percent;Aurora's golf courses are committed to contribute,not take away, from this total coverage. In a unified effort to increase the Town of Aurora's total tree coverage,we ask that compensation plantings are allowed off-site along roadways,local watersheds,schools,neighborhoods and businesses.We also ask that forest edge plantings can be at higher densities to preserve natural transition of interior forest needs and accommodate for the ecological infrastructure that supports the design of a golf hole.In all compensation circumstances golf courses would be required to cover the costs of the replacement trees and the maintenance of the trees for a period of up to two (2)years. In addition we ask for credit for the additional planting of trees that happens voluntarily by golf courses all the time.This credit can be used towards future cutting for the above stated reasons. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -114 -155 - Something else to consider is the permit required to plant a tree,as so many trees are ill-suited to their environment and planted with a limited future.If we are asking for permit for removal,then should there not be a permit to plant? We believe that the above provisions allow for our golf courses to remain competitive in the market place and will also enable us to reach our sustainability goals. We encourage council to make well informed decisions that take into consideration all the facts and indeed the various implications that may ensue from those decisions. We ask that you find a balance between the public’s desire for equality,and the courses ability to practice sound environmental stewardship,fulfill their economic needs,and assure they continue to provide green space within the township of Aurora. Yours sincerely, Ontario Golf Superintendents’Association Doug Breen President Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -115 -156 - Attachment #4 to PR12-016 Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -116 -157 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -117 -158 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -118 -159 - TOWN OF AURORA GENERAL COMMITTEE REPORT No.PR13-046 SUBJECT:Tree Protection By-Law FROM:Allan D.Downey,Director of Parks and Recreation Services DATE:October 1,2013 RECOMMENDATIONS THAT Report No.PR13-046 be received;and THAT Council repeal By-law Number 4474-03.D;and THAT a new by-law to deal with matters relating to the injury and destruction of trees located wholly on private property,being the proposed By-law Number 5551-13 (the “Private Tree Protection By-law”),be enacted;and THAT the Private Tree Protection By-law shall come into full force and effect on May 1,2014;and THAT information concerning the Private Tree Protection By-law be published in the local media,the Town of Aurora website,and in all municipal facilities for the purpose of allowing the public and stakeholders an opportunity to familiarize themselves with the new By-law. PURPOSE OF THE REPORT To provide Council with the Private Tree Protection By-law effective May 1st 2014. BACKGROUND At the February 19,2013 General Committee meeting,Council approved the revised Private Tree Protection By-law (the “By-law”)subject to final review of the By-law by staff and Council. Pursuant to this Council directive both the Parks &Recreation Services Department and the Legal Services Department staff have completed a final review of the By-law.Some minor corrections and technical revisions were required;however,the content of the more significant provisions to the By-law remain unchanged since the previous draft was presented to Council on February 19,2013. Attachment #4 Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -119 -160 - October 1,2013 -2 -Report No.PR13-046 As noted in previous reports dealing with this matter,this by-law revision has involved a significant process involving a number of internal staff,stakeholders and our Environmental Action Committee,all of whom have contributed to both the process and content of the final proposed by-law.A summary of the most significant revisions in the by-law are as follows: PROPOSED REVISION CURRENT BY-LAW Two (2)trees having a trunk diameter more than 20 centimetres but less than 70 centimeters can be removed without a permit within any 12-month period Four (4)trees with a trunk diameter greater than 20 centimeters can be removed without a Permit Golf courses allowed to remove ten (10)trees having a trunk diameter more than 20 centimetres but less than 70 centimeters in any 12-month period without a permit Golf courses exempt from Tree Permit By-Law Conservation Authority and School Boards now required to abide by the By-law Conservation Authorities and School Boards exempt from Tree Permit By-law Director of Parks &Recreation Services to issue or deny Tree Removal Permits as an administrative function (other than a Heritage Tree) Council approves or denies Tree Removal Permits Tree Removal Permit must be obtained prior to removal of a single tree with a trunk diameter greater than 70 centimeters No regulations on removing any single tree Tree Removal Permit must be obtained to remove any tree classified as a Heritage Tree (see definition in new By-law)and Council approval (following a review by the Heritage Advisory Committee)is required No regulations on removing any single tree in a heritage district (other than specific heritage protection for a tree) Minimum fines are established within the new By-law Currently no minimum fines included in the By- law COMMENTS As noted in our previous reports,this more restrictive Tree Protection By-law is expected to generate an increase in the level of administrative work for the Parks Division with the issuance of permits and site inspections. The By-law Enforcement Division will also be involved when an infraction has been reported and an on-site investigation is deemed necessary.Currently,it is difficult to predict the exact level of additional resources that will be required to meet the needs of this more stringent by-law.Because of this,staff is recommending that no additional resources be added to either the Parks Division or By-law Services at this time.Staff suggests a watch-and-wait approach for a one-year period to properly gage and assess the increase in the administrative work load prior to recommending retention of additional resources. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -120 -161 - October 1,2013 -3 -Report No.PR13-046 Should it be determined that the administrative requirements associated with the revised By-law are in fact insufficient,staff will report back to Council on all aspects of the additional needs with the appropriate recommendations and alternatives.In our on- going efforts keep our stakeholders and members of the public informed throughout the Tree Protection By-law review process,staff have sent out formal notices to all of our local golf establishments and other interested parties advising them of this staff report and its addition to the October 1,2013 General Committee agenda.Additionally,a draft of the proposed Tree Protection By-law has been placed on our website for public review and notices have been running on the Town of Aurora’s Notice Board page in the Aurora newspaper. Summary of Technical Amendments to By-law As part of the final review by Parks and Legal staff,a number of technical and clerical revisions were undertaken to adhere to the Town’s general by-law formatting standards. In addition,the structure and placement of some provisions was re-organized to provide more clarity and to eliminate any vagueness and inconsistencies within the By-law.The following is a summary of the technical and organizational changes that were made from the previous version of the By-law that was presented to Council: Section 1 –Definitions A number of definitions were updated to provide more clarity.The following is a summary of the more significant amendments: Cultivated Orchard –added language to limit the definition of orchards to lands that are predominantly used for the purpose of commercially harvesting the produce of fruit and nut trees for sale.Definition was previously too broad.Also, defined the orchard as the entire property as it could be difficult to meaningfully distinguish different parts of a property for the purposes of enforcement. Emergency Work and Hazard Trees –updated these definitions to differentiate between the categories.There was overlap between the categories. Emergencies are now matters related to imminent hazards that have to be immediately remedied,whereas hazard trees would be ones that are a concern but there is no imminent danger. Golf Course –updated the definition to clarify that an entire golf course property was part of the golf course.Previously,it was unclear what parts of the golf course would actually fall into the definition.From an enforcement perspective,it could be too difficult to meaningfully distinguish areas that are actually used in the operation of a golf course and determine which provisions should apply to different parts of a property. Nursery Stock –added definition from Regional By-law for consistency. Tree Farm –added some language to clarify that a farm is to have a commercial purpose.Also,defined the farm as the entire property as it could be difficult to meaningfully distinguish different parts of a property for the purposes of enforcement. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -121 -162 - October 1,2013 -4 -Report No.PR13-046 Woodlands –amended definition to mimic the Regional by-law.Regional by-law will overwrite the Town’s by-law in case of conflict and inconsistencies could only create confusion. Woodlot –eliminated definition as it was not used in the Town’s by-law. Section 2 –Application of By-law Added a new provision to alert the reader at the outset that the Town’s By-law only concerns trees that are wholly located on private property and to point out the jurisdiction of the Region.This does not change the application of the by-law from the previous version. Section 3 –Exemptions The exemptions provision,which was previously intermixed with a provision on exceptions from the permit,was separated into its own section. The separation allows the reader to clearly identify what matters are not governed by the By-law before considering any permit requirements or exceptions.This is more consistent with wording in the Municipal Act. The wording of the exemptions was cleaned-up and made consistent with the Municipal Act. Section 4 –Permit Requirement This provision was moved from section 2 and some language was cleaned up. A list of exceptions from permit requirements was added that was previously intermixed with exemptions from application of the by-law. An exception was added for instances where a person is required to remove a tree pursuant to an order of the Town. The scope of the other exceptions was not changed. Section 5 –Dead,Diseased and Hazard Trees This provision was separated from Emergency Work and clarified to eliminate overlap.The powers of the Director in relation to such cases and the process of removing such trees were clarified. The provision requires that a certificate from an Arborist or a report satisfactory to the Director be submitted to confirm the state of the tree. The clarification of the process and involvement of the Director in overseeing any such removals was added to avoid potential of abuse of this provision. Section 6 –Emergency Work This provision was separated from Hazard Trees to eliminate overlap. As in the previous version,one is permitted to do emergency work where there is an imminent hazard and is required to submit a justification after the work in completed. The process and powers of the Director were clarified to avoid abuse of this provision. Section 7 –Administration This was moved from section 4. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -122 -163 - October 1,2013 -5 -Report No.PR13-046 The provision was reworded to clarity the delegation of authority to the Director but its scope was not changed. Director of Parks is given the power and responsibility to administer and enforce the By-law and to designate such powers and responsibilities to others. Also,it was clarified that by-law officers and the Director,who can delegate such power to other staff,can enforce the By-law. Section 8 –Permit Applications Moved from section 6. Some of the language was cleaned up but requirements for an application were not changed. Section 9 –Issuance of a Permit Moved from section 7. Cleaned up some of the language in this provision. Eliminated the provision dealing specifically with Heritage Permits and changed the approach to a one permit system.One would not be required to apply for a special heritage permit,but would simply apply for a Tree permit,which will not be issued by the Director without Council’s approval in the case of a heritage tree. It was also clarified that the Director is to provide a notification letter in case a permit is denied,containing reasons for the refusal,which will allow the opportunity to appeal to Council. Reworded provisions dealing with subdivisions,consents,zoning and site plan approvals to clarify that a permit would not be issued until such approvals are granted by Council or it is otherwise directed by Council. Section 10 –Appeals Added an appeals provision to clarify the process in case of refusal of permit by Director.Applicants may appeal to Council by submitting an appeal notice. Section 11 -Severability Moved from section 8. Sections 12,13,14 –Enforcement,Offences and Penalties These provisions were cleaned-up to clarify Town powers as set out under the Municipal Act.Provisions dealing with similar matters from other parts of By-law were moved into this section. Sections 15,16,17 Amended some of the technical language in relation to repeal and the effectiveness of new By-law. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -123 -164 - October 1,2013 -6 -Report No.PR13-046 LINK TO STRATEGIC PLAN The amended Tree Protection By-law supports the Strategic Plan goal of Supporting Environmental Stewardship and Sustainability for all through its accomplishment in satisfying requirements in the following key objectives within this goal statement: Encouraging the stewardship of Aurora’s natural resources:Assess the merits of measuring the Town’s natural capital assets. ALTERNATIVE(S)TO THE RECOMMENDATIONS 1.Council could direct staff to make further revisions to the By-law prior to releasing the By-law to the public. 2.Council could delay the acceptance of the draft by-law for an indefinite period of time to provide for more public dialogue,input and revisions. 3.Further Options as required. FINANCIAL IMPLICATIONS There are a number of financial implications that may be realised with the passage of this more restrictive by-law as follows: Increased administration associated with issuing tree protection permits; Increased administration associated with preparing reports and materials for appeals to Council; Increased site visits,meetings and monitoring for compliance with permits that have been issued; Increased time spent on communicating with and educating residents and customers on the various aspects of the By-law. As previously indicated,it is difficult to forecast with any certainty the definitive impacts associated with administering the proposed By-law at the present time.Revised fees proposed in the by-law will be subject to approval in the annual Fees and Charges By- law. CONCLUSIONS That Council repeal By-law Number 4474-03.D,as amended,and enact a new Private Tree Protection By-law in its place to deal with matters relating to injury and destruction of trees located wholly on private property within the jurisdiction of the Town of Aurora and that the amended Private Tree Protection By-law come into full force and effective on May 1,2014. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -124 -165 - Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -125 -166 - By-law Number 5551-13 Page 1 THE CORPORATION OF THE TOWN OF AURORA By-law Number 5551-13 BEING A BY-LAW to prohibit and/or regulate the Injury or Destruction of Trees on Private Property in the Town of Aurora. WHEREAS subsection 135(1)of the Municipal Act,2001,S.O.2001,c.25 (the “Act”) provides that a local municipality may prohibit or regulate the destruction or injuring of trees; AND WHEREAS trees provide real value in the ecological,social,economic and communal fabric of the community; AND WHEREAS trees are among the most important living organisms in their ability to absorb air pollutants,expel life giving oxygen and provide a host of other environmental goods and services; AND WHEREAS subsection 135(7)of the Act provides that a municipality may in a by-law require that a permit be obtained to injure or destroy trees and may impose conditions to a permit,including conditions relating to the manner in which destruction occurs and the qualifications of persons authorized to injure or destroy trees; AND WHEREAS the Council of The Corporation of the Town of Aurora (the “Town”) desires to repeal By-law Number 4474-03.D,as amended,and enact a new replacement by-law to deal with matters relating to injury and destruction of trees located wholly on private property within the jurisdiction of the Town; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1.DEFINITIONS 1.(1)The following words as set out in this by-law shall have the following meanings: (a)“Act”means the Municipal Act,2001,S.O.2001,c.25,as amended; (b)"Applicant"means the Owner or an authorized agent of the Owner who submits an Application under the provisions of this by-law; (c)"Application"means an application for a Permit on a form prescribed by the Director; (d)"Arborist"means an expert in the care and maintenance of trees,and includes: (i)an arborist qualified by the Ontario Ministry of Training,Colleges and Universities; (ii)a Forest Technician or Forestry Technologist with an applicable college diploma and a minimum of two (2)years urban forestry experience; Attachment #1 to PR13-046 Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -126 -167 - By-law Number 5551-13 Page 2 (iii)a certified arborist qualified by the Certification Board of the International Society of Arboriculture; (iv)a consulting arborist registered with the American Society of Consulting Arborists; (v)a Registered Professional Forester designated pursuant to the Professional Foresters Act,2000,S.O.2000,c.18,as amended; or (vi)such other person with other similar qualifications as approved by the Director; (e)"Arborist's Report"means a technical report prepared by an Arborist or Registered Professional Forester which identifies the surveyed location, species,size and condition of a tree,provides the reasons for any proposed Injuring or Destruction of a tree,and describes tree protection measures or other mitigating activities to be implemented; (f)"Council"means the Council of The Corporation of the Town of Aurora; (g)"Cultivated Orchard"means a property that is used for the dominant purpose of growing and maintaining fruit or nut Trees for the commercial harvesting and sale of their fruits or nuts; (h)"DBH"means the diameter at breast height,which shall be the diameter of the trunk of a Tree at a point of measurement 1.37 metres above the ground.DBH of multi-trunk Trees shall be measured as prescribed by the Director.W here a Tree has been cut down and the remaining stump is less than 1.37 metres in height,the DBH shall be the extrapolated as prescribed by the Director; (i)"Destroy”and/or “Destruction"means to kill by cutting,burning, uprooting,chemical application,or other means; (j)"Director"means the Director of Parks &Recreation Services for the Town or his/her designate; (k)"Emergency W ork"means work necessary to terminate an immediate threat to life or property and includes maintenance works arising from natural events (e.g.ice storm,high winds,lightning,etc.)as well as maintenance works associated with emergency drain repair,utility repair and building repairs; (l)“Golf Course”means a property that is used to commercially operate a golf course in compliance with all applicable laws; (m)"Hazard Tree"means a Tree that is a safety concern to property or life but not an immediate threat; (n)“Heritage Tree(s)”means any Tree,including but not limited to,pairs of Trees,avenues or windrows of Trees,grove or arboreal remnants,or one (1)or more Trees that form part of a cultural heritage landscape that is on private property and is: (i)located within a heritage conservation district as designated under Part V of the OHA; (ii)designated under,or located on a property designated under, Part IV of the OHA; (iii)designated by the Ontario Urban Forest Council; (iv)listed on the Town’s Register of Properties of Cultural Heritage Value or Interest; (o)"Injure and/or Injury"means to damage or attempt to Destroy a Tree by: (i)removing,cutting,girdling,or smothering of its roots; Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -127 -168 - By-law Number 5551-13 Page 3 (ii)interfering with its water supply; (iii)setting fire to it; (iv)applying chemicals on,around,or near it; (v)compacting or re-grading within the drip line of it; (vi)causing damage by new development or construction related activities that are not evaluated as part of an approval under the Planning Act; (vii)storing any materials within the drip line;or (viii)any other means resulting from neglect,accident or design; (p)"Local Board"means a municipal service board,public library board, transportation commission,board of health,police services board,or any other board,commission,committee,body or local authority established or exercising any power under any legislation with respect to the affairs or purposes of the Town,but does not include a school board,a conservation authority,or a private cemetery corporation; (q)“Municipal Law Enforcement Officer"means an individual appointed by the Town by by-law pursuant to subsections 15(1)and 15(2)of the Police Services Act,R.S.O.1990,c.P.15,as amended,for the administration and enforcement of Town by-laws; (r)“Nursery Stock”means coniferous or hardwood seedlings,transplants, grafts,or trees propagated or grown in a nursery and with the roots attached,and includes cuttings with or without the roots attached; (s)“OHA”means the Ontario Heritage Act,R.S.O.1990,c.O.18,as amended; (t)"Owner"means the person having the right,title,interest or equity in the land containing a subject Tree,or his or her agent authorized in writing; (u)"Permit"means a permit to Injure or Destroy a Tree issued by the Director; (v)"Permit Application Fee"means the prescribed fee as set out in the Town’s Fees and Charges By-law,as may be amended from time to time; (w)"Person"and/or “Persons”includes a corporation,a partnership,an individual,a public utility and its heirs,executors,directors,or other legal representatives of a person to whom the context can apply according to law; (x)“Planning Act”means the Planning Act,R.S.O.1990,c.P.13,as amended; (y)"Pruning"means the removal of branches from living Trees by cutting at a point outside the branch collar (but does not include the removal of more than one-quarter (¼)of a Tree's leaf-bearing crown),for the purpose of thinning the crown of a Tree to increase light penetration and air movement,providing clearance and eliminating interference with utility lines,buildings,pedestrians or vehicles,or eliminating dead, hazardous or diseased wood; (z)"Registered Professional Forester"means a member of The Ontario Professional Foresters Association entitled to use the designation of "Registered Professional Forester"pursuant to subsection 14(6)of the Professional Foresters Act,2000,S.O.2000,c. 18,as amended; (aa)"Region"means The Regional Municipality of York; Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -128 -169 - By-law Number 5551-13 Page 4 (bb)“Town”means The Corporation of the Town of Aurora; (cc)"Tree"means any perennial woody plant,including its root system, which has reached or can reach a height of at least four and a half (4.5) meters at physiological maturity and having its trunk located wholly on private property; (dd)"Tree Farm"means a property on which Trees are grown and maintained for the dominant purpose of commercial sale; (ee)"Tree Inventory and Preservation Plan"means a plan required by the Town as a condition of development or re-development approval pursuant to sections 41,51,or 53 of the Planning Act,which plan determines,among other things,the Trees to be:(i)preserved through an assessment process identifying Trees,shrubs and other specific areas of natural habitat and their ecological function or importance;(ii) the impacts of any proposed development on the Trees,shrubs,and other specific areas of natural habitat and their ecological function or importance;(iii)mitigation measures and measures to protect and manage Trees to be preserved (not limited to protective barriers and/or hoarding);and (iv)proper practices to remove Trees to be destroyed; (ff)"Woodlands"means land at least one (1)hectare in area and with at least: (i)1000 trees,of any size,per hectare; (ii)750 trees,measuring over five (5)centimeters DBH,per hectare; (iii)500 trees,measuring over twelve (12)centimeters DBH,per hectare;or (iv)250 trees,measuring over twenty (20)centimeters DBH,per hectare; but does not include a cultivated fruit or nut orchard or a plantation established for the purpose of producing Christmas trees or Nursery Stock; (gg)"York Region Forest Conservation By-law"means by-law No.TR-0004- 2005-036,as amended,or successor thereto,as enacted by the Region. 2.APPLICATION OF THE BY-LAW 2.(1)Except as otherwise provided in this by-law,the provisions of this by-law shall apply to any Tree whose trunk is located wholly on private property. 2.(2)Despite subsection (1),the Region shall have jurisdiction over the issuance of any type of permit allowing the Injury or Destruction of Trees on Woodlands. 3.EXEMPTIONS FROM THE BY-LAW 3.(1)The provisions of this by-law do not apply to: (a)activities or matters within Woodlands that are governed by the York Region Forest Conservation By-law; (b)activities or matters within a building or structure,a solarium,rooftop garden,or an interior courtyard having a soil depth of less than one and a half (1.5)metres above a built substructure; (c)activities or matters undertaken by the Town or a Local Board; Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -129 -170 - By-law Number 5551-13 Page 5 (d)activities or matters undertaken under a license issued under the Crown Forest Sustainability Act,1994,S.O.1994,c.25,as amended,or successor thereto; (e)Trees having its trunk located wholly or partially on municipal lands; (f)the Injuring or Destruction of Trees within a Tree Farm that are being actively managed and harvested for the purpose for which the Trees were planted; (g)the Injuring or Destruction of Trees within a Cultivated Orchard; (h)the Injuring or Destruction of Trees by a person licensed under the Surveyors Act,R.S.O.1990,c.S.29,as amended,or successor thereto,to engage in the practice of cadastral surveying or his or her agent,while making a survey; (i)the Injuring or Destruction of Trees imposed after December 31,2002, as a condition to the approval of an site plan,plan of subdivision or a consent under section 41,51 or 53,respectively,of the Planning Act,or as a requirement of a development agreement,including a site plan agreement and a subdivision agreement,entered into under those sections (including the Injury or Destruction of a Tree in compliance with a Tree Inventory and Preservation Plan); (j)the Injuring or Destructing of Trees imposed after December 31,2002, as a condition to a development permit authorized by regulation made under section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation; (k)the Injuring or Destruction of Trees by a transmitter or distributor,as those terms are defined in section 2 of the Electricity Act,1998,S.O. 1998,c.15,Sched.A,as amended,or successor thereto,for the purpose of constructing and maintaining a transmission system or a distribution system,as those terms are defined in that section; (l)the Injuring or Destruction of Trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act,R.S.O.1990,c.A.8,as amended,or successor thereto; (m)the Injuring or Destruction of Trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land: (i)that has not been designated under the Aggregate Resources Act or predecessor legislation;and (ii)on which a pit or quarry is a permitted land use under a by-law passed under section 34 of the Planning Act; 4.PERMIT REQUIREMENT 4.(1)Unless otherwise exempted under this by-law,no person shall permit or cause the Injury or Destruction of: (a)more than two (2)Trees on any one (1)property within any twelve (12) month period having a trunk DBH of more than twenty (20)centimetres DBH and less than seventy (70)centimeters; (b)any Tree having a trunk DBH greater than seventy (70)centimeters;or (c)any Heritage Tree; without first obtaining a Permit pursuant to this by-law. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -130 -171 - By-law Number 5551-13 Page 6 4.(2)Where a Permit has been issued under this by-law,no person shall permit or cause the Injury or Destruction of any Tree unless it is done in accordance with the conditions of the Permit and any other supporting documentation relevant to the issuance of the Permit. 4.(3)Despite subsection (1),a Permit is not required: (a)to Injure,Destroy or remove any Tree,or a part of a Tree,as a necessary part of Emergency Work pursuant to section 6; (b)to perform Pruning; (c)where the Injury or Destruction of a Tree is specifically required in an order made under this by-law,the Act or the Town’s Property Standards By-law; (d)for the removal of not more than ten (10)Trees within any twelve (12) month period located on a Golf Course and having a trunk diameter of more than twenty (20)centimetres DBH and less than seventy (70) centimeters DBH. 5.DEAD,DISEASED AND HAZARD TREES 5.(1)Where a person wishes to Injure,Destroy or remove any dead,diseased or Hazard Tree,or any portion of such a Tree,such a person shall provide to the Town an Arborist certificate,or a report satisfactory to the Director,confirming that any such Tree is dead,diseased or a Hazard Tree along with an application required pursuant to section 8. 5.(2)Notwithstanding subsection 8(1),an Application fee is not required to be submitted in relation to an Application relating to a dead,diseased or Hazard Tree.However,should the Director deem a certificate or report provided under subsection (1)to be incomplete,insufficient or deficient in any way,the Director shall not issue a Permit until a satisfactory certificate or report is provided or a new Application is submitted to the Town that satisfies all the requirements of this by-law,including the fee requirement. 5.(3)No Injury,Destruction or removal activity shall be taken by any person beyond what is contemplated in any applicable certificate or report provided under subsection (1). 6.EMERGENCY WORK 6.(1)Injury,Destruction and removal of any Tree may be conducted without a Permit provided that any such Injury,Destruction or removal was necessary and a part of Emergency Work. 6.(2)Following any Emergency Work,the Owner of the property on which Tree(s), for which a Permit would have otherwise been required,affected by any such Emergency Work are located shall,within seventy-two (72)hours of completing or abandoning such Emergency Work,submit evidence satisfactory to the Director that any Injury,Destruction or removal of a Tree was required as part of the Emergency Work. 6.(3)The Director has the authority to deem any Injury,Destruction or removal of a Tree,or of any portion of a Tree,done pursuant to subsection (1),to not have been necessary and/or not in the category of Emergency Work based on the materials provided under subsection (2)and any other information deemed relevant by the Director,in which case,the Director may require that a retroactive Permit application be made and/or pursue any enforcement steps permitted under this by-law. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -131 -172 - By-law Number 5551-13 Page 7 7.ADMINISTRATION Administration Authority Delegated to the Director 7.(1)The Director is hereby delegated the authority and responsibility for the administration of this by-law,including the authority to receive Applications, certificates from Arborists,and any associated fees,to issue,to revoke and to refuse to issue Permits and also to impose conditions on any Permits in accordance with this by-law. 7.(2)The Director is authorized to delegate responsibilities for the administration and enforcement of this by-law to any Town staff or external third parties deemed to be qualified and appropriate by the Director for such purposes. Enforcement 7.(3)The Director and Municipal Law Enforcement Officers of the Town are hereby delegated the authority to enforce this by-law,including the authority to conduct inspections of Tree(s)pursuant to the exercise of their authority under this by-law and any other enacted Town by-law or legislation. Fees 7.(4)All fees and charges pursuant to this by-law may be set by the Town’s Council from time to time and shall be set out in the Town’s Fees and Charges By-law. 8.PERMIT APPLICATIONS Permit Application Requirements 8.(1)Where an Applicant applies for a Permit for the Injury or Destruction of a Tree(s),he/she shall submit the following to the Director: (a)an Application form completed to the satisfaction of the Director; (b)the name,address and telephone number of the Owner; (c)Application fee; (d)description of the purpose for which the Permit is required; (e)an Arborist's Report,if deemed to be required by the Director; (f)where the trunk of a Tree straddles a property line,the written consent to the Permit issuance from the property owner(s)on whose property the affected Tree is partially located;and (g)where the Applicant is not the Owner,the written authorization of the Owner consenting to the Application; (h)any other information deemed necessary by the Director. Director’s Authority to Refund and Waive Fees 8.(2)Notwithstanding 8(1)(c),should the Director determine that a Permit is not required for an activity,matter or Tree subject to an Application or that such activity,matter or Tree is exempt from this by-law,any application fee submitted as part of such an Application shall be refunded to the Applicant, unless it is determined by the Director,at his/her discretion,that Town staff had expended considerable time and resources to process such Application due to an error on the part of the Applicant. 8.(3)Notwithstanding 8(1)(c),the Director is authorized to reduce or waive the Application fee if deemed appropriate,at his/her discretion. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -132 -173 - By-law Number 5551-13 Page 8 False or Misleading Information 8.(4)No person shall submit false or misleading information in support of an Application.Together with any other penalties or fines that may be otherwise imposed,if such false or misleading information is found to have been submitted in support of an Application,the Director will have the authority to refuse any such Application under consideration by the Town and to revoke any Permit issued by the Town on the basis of any such false or misleading information. 9.ISSUANCE OF A PERMIT Permit Approval Process 9.(1)Upon receipt of an Application,the Director shall: (a)Make a decision as to whether or not a Permit will be issued and whether any conditions will be imposed on such a Permit considering the following: (i)the species of the Tree; (ii)the condition of the Tree; (iii)the location of the Tree; (iv)the protection of ecological systems and their functions,including the protection of native flora and fauna; (v)erosion,sedimentation of watercourses,and flood control; (vi)impacts to surrounding properties,including loss of shade, vistas or privacy; (vii)any public comments received; (viii)comments received from such persons,staff and agencies as deemed necessary,in the Director’s opinion,for the proper review of the Application; (ix)whether or not a Tree is a Heritage Tree; (x)any conflicts with existing agreements or plans of the Town;and (xi)any other information that the Director deems to be relevant to the Application. (b)If a Tree subject to an Application is found by the Director to be a Heritage Tree,the Director shall not issue a Permit unless the Injury, Destruction or removal is approved by Council following a review by the Town’s Heritage Advisory Committee. (c)If the Director determines that a Permit will not be issued pursuant to an Application,the Director shall notify the Application of the decision in writing and provide reasons for the refusal. Signage 9.(2)Upon receipt of an Application,the Director may Post an informational sign,as established by the Director,relating to the Application in a conspicuous place at or near the property on which the Tree subject to the Application is located and leave such sign in place for a period determined by the Director. 9.(3)No person shall temper with or remove any sign posted pursuant to subsection (2),unless following an Application,a Permit is issued and work pursuant to such Permit is completed,a Permit is issued and expires or it is otherwise directed by the Director. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -133 -174 - By-law Number 5551-13 Page 9 Permit Not Issued 9.(4)A Permit shall not be approved or issued where: (a)a Tree to be Injured or Destroyed is an endangered species as defined in the Endangered Species Act,2007,S.O.2007,c.6,as amended,or the Species at Risk Act,S.C.2002,c.29,as amended; (b)approval would be in contravention of the Migratory Birds Convention Act,1994,S.C.1994,c.22,as amended; (c)issuance of a Permit is under the jurisdiction of the Region and/or addressed under the York Region Forest Conservation By-law;or (d)approval is inconsistent with an approved Tree Inventory and Preservation Plan. Subdivision Not Yet Draft Approved 9.(5)Where an Application is made with respect to a Tree that is located on land that is subject to an application for a subdivision approval or a consent that has not received a draft approval or a provisional consent,the Director shall not issue a Permit until such approval or consent is obtained or Application otherwise approved by Council. Planning Application Not Approved 9.(6)Where an Application is made with respect to a Tree that is located on land that is subject to a re-zoning application,an application for site plan approval, or an application to amend the official plan that has not received final approval, the Director shall not issue a Permit until such approval or consent is obtained or Application otherwise approved by Council. Permit Approved Subject to Conditions 9.(7)The issuance of a Permit may be subject to conditions imposed by the Director or Council,as the case may be,which may include any or all of the following requirements: (a)submission of a Vegetation Management Plan (“VMP”),satisfactory of the Director,prepared by a certified Landscape Architect and,if required by the Director or Council,an Arborist and the VMP may include,but not be limited to,the following: (i)a vegetation inventory and assessment,including species size and condition,identifying all vegetation greater than 80mm DBH for individual Tree assessments,the perimeter at canopy of woodlands,groups or stands of vegetation,and trees and vegetation on adjacent properties that may be impacted; (ii)identification of all vegetation removals and protection measures for vegetation designated to be preserved,including an impact assessment to support vegetation removals and/or preservation measures; (iii)provision of compliance monitoring and protection/mitigation specifications including all arboricultural requirements for Trees designated to be preserved during construction; (iv)provision of post-construction performance monitoring and rehabilitation specifications; (v)an estimate of the monetary replacement value of the Tree(s)as set out in the International Society of Arboriculture (“ISA”)Guide for Plant Appraisal or approved equivalent completed by an Arborist and financial compensation,paid to the Town based on the aforementioned ISA appraisal process for Tree(s)/vegetation lost or destroyed;and Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -134 -175 - By-law Number 5551-13 Page 10 (vi)provision for replacement plantings at another suitable location on the property including provision of cash securities in an amount equal to one-hundred and twenty percent (120%)of the cost of replanting and maintaining the Trees for a period of two (2)years or where restoration planting is not physically possible on the site for which the Permit is being issued,provision of a cash payment to the Town to be placed in the Town’s Tree Planting reserves for future Tree planting by the Town in an alternative location in the Town of Aurora; (b)the submission of a written undertaking and release to ensure that replacement plantings are carried out and maintained in accordance with landscaping and restoration plans approved by the Director;and/or (c)undertaking that the tree cutting work only occur under the supervision of an Arborist. Permit Expiry Date 9.(8)The Director shall include an expiration date on any Permit being issued by Town,which shall not exceed one (1)year from the date of issuance,upon taking into account the work to be completed under the Permit and any third party or Town activities or interests that might be affected by the work.No Injury or Destruction activity is permitted pursuant to any Permit after the expiration date. 10.APPEALS 10.(1)Where the Director refuses to issue a permit,an Applicant may,within five (5) business days of the date of receipt of a written refusal,appeal the decision of the Director to the Council,or such other tribunal or committee designated by Council,by submitting a written request to the Town Clerk. 11.SEVERABILITY 11.(1)If a court of competent jurisdiction declares any provision,or any part of a provision,of this by-law to be invalid or to be of no force and effect,it is the intention of the Town in enacting this by-law that such provision or part of a provision shall be severable,and such a decision shall not affect the validity of the remaining sections,subsections,clauses or phrases of this by-law. 12.ENFORCEMENT Power of Entry –Inspection 12.(1)The Director and/or a Municipal Law Enforcement Officer may,at any reasonable time,enter on any land for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a)this by-law; (b)direction or order made pursuant to this by-law or the Act; (c)condition of a Permit issued under this by-law;or (d)an order made under section 431 of the Act. 12.(2)For the purposes of an inspection under subsection (1),the person conducting the inspection may: (a)require the production for inspection of documents or things relevant to the inspection; Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -135 -176 - By-law Number 5551-13 Page 11 (b)inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c)require information from any person concerning a matter related to the inspection;and (d)alone or in conjunction with a person possessing special or expert knowledge,make examinations or take tests,samples or photographs necessary for the purposes of the inspection. 12.(3)The Director and/or a Municipal Law Enforcement Officer may undertake an inspection pursuant to an order issued under section 438 of the Act. 12.(4)Submission of an Application is deemed to be a consent of the Owner for persons designated as an inspector by the Canadian Food Inspection Agency, pursuant to the Plant Protection Act,S.C.1990,c.22,as amended,or successor thereto,to inspect the lands subject to the Application for the presence of pests (as defined in the said legislation)and to take any and all action deemed appropriate by such an inspector,including the removal of any Tree(s)on such private property of the Owner,in accordance with the said legislation. Contravention Orders 12.(5)Where the Director or any Municipal Law Enforcement Officer is satisfied that a contravention of this by-law or a Permit has occurred,such Director or Municipal Law Enforcement Officer may make an order requiring that the person who caused or permitted such contravention or the Owner or occupier of the land on which the contravention occurred to discontinue the contravening activity and/or to do work to correct the contravention. 12.(6)An order pursuant to subsection (5)shall set out the following: (a)the municipal address and/or the legal description of the land or property on which the contravention occurred; (b)reasonable particulars of the contravention; (c)what is required of the person subject to the order (i.e.,what activity is to be seized and/or actions or work to be done); (d)the date by which there must be compliance with the order and/or,if any work is ordered,the date by which any such work must be done; (e)if any work is required to be done,a statement that if such work is not done in compliance with the order and within a specified time period, the Town will have the work done at the expense of the person directed or required to do it;and (f)information regarding the Town's contact person. 12.(7)An order issued pursuant subsection (5)may be served: (a)personally on the person that is subject to the order;or (b)by sending it by prepaid registered mail to the last known address of the Owner or occupier of the land on which the contravention occurred or,if the person subject to the order is not the Owner or occupier,to the last known address of such person subject to the order. 12.(8)Where service of an order is made by registered mail,the service shall be deemed to have been made on the fifth (5th)day after the day of mailing. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -136 -177 - By-law Number 5551-13 Page 12 12.(9)In the event that service of an order cannot be effected under subsection (7), the Director or a Municipal Law Enforcement Officer may place a placard containing the terms of the order in a conspicuous place on the property subject to the order and the placing of the placard shall be deemed sufficient service of the order on the Owner and/or occupier of such subject property. 12.(10)Wherever this by-law or an order issued under this by-law directs or requires any matter or thing to be done by any person within a specified time period,in default of it being done by the person directed or required to do it,the action may be taken under the direction of Director or a Municipal Law Enforcement Officer at that person’s expense and the Town may recover the costs incurred through a legal action or by recovering the costs in the same manner as taxes. 12.(11)For the purposes of taking remedial action under subsection (10),the Town,its staff and/or its agents may enter,at any reasonable time,upon any lands on which a default to carry out a required thing or matter occurred. 13.OFFENCES 13.(1)Any person who contravenes any provision of this by-law or an order issued pursuant to this by-law or the Act,or fails to comply with an order issued pursuant to this by-law or the Act,is guilty of an offence. 13.(2)Pursuant to paragraph (a)of subsection 429(2)of the Act,all contraventions of this by-law or of orders issued under this by-law are designated as multiple offences and continuing offences.A multiple offence is an offence in respect of two (2)or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this by-law.For greater certainty,when multiple Trees are Injured or Destroyed,the Injury or Destruction of each Tree is a separate offence. 14.PENALTIES 14.(1)Upon conviction of an offence under this by-law a person is liable to a fine as follows: (a)a minimum fine for any offence under this by-law is five-hundred dollars ($500.00)and the maximum fine is one-hundred-thousand dollars ($100,000). (b)in the case of a continuing offence,for each day or part of a day that the offence continues,the minimum fine shall be five-hundred dollars ($500.00)and the maximum fine shall be ten-thousand dollars ($10,000.00).Despite paragraph (a),the total of all the daily fines for an offence is not limited to one-hundred-thousand dollars ($100,000). (c)in the case of a multiple offence,for each offence included in the multiple offence,the minimum fine shall be five-hundred dollars ($500.00)and the maximum fine shall be ten-thousand dollars ($10,000.00).Despite paragraph (a),the total of all fines for each included offence is not limited to one-hundred-thousand dollars ($100,000). 14.(2)In addition to fine under subsection (1),a person convicted of an offence under this by-law may be liable to a special fine in the amount of the economic advantage or gain that such a person obtained from the contravention of this by-law. 15.REPEAL 15.(1)By-law Number 4474-03.D,as amended,is hereby repealed on the day of this by-law coming into full force and effect. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -137 -178 - By-law Number 5551-13 Page 13 16.SHORT TITLE 16.(1)This by-law shall be known and may be cited as the “Private Tree Protection By-law”. 17.EFFECTIVE DATE 17.(1)This by-law comes into full force and effect on May 1,2014. READ A FIRST AND SECOND TIME THIS 8th DAY OF OCTOBER,2013. READ A THIRD TIME AND FINALLY PASSED THIS 8th DAY OF OCTOBER,2013. _____________________________ GEOFFREY DAWE,MAYOR _____________________________ JOHN D.LEACH,TOWN CLERK Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -138 -179 - THE CORPORATION OF THE TOWN OF AURORA By-law Number 4474-03.D BEING A BY-LAW to Authorize the Injury or Destruction of Trees (Tree Permit By-law) WHEREAS the Council of The Corporation of the Town of Aurora recognizes the ecological and aesthetic value of trees and is desirous of managing the injury and destruction of trees; AND WHEREAS Section 135 (7)of the Municipal Act,2001,R.S.O.2001,c.25 provides that a by-law passed may require a permit be obtained to injure or destroy trees and to impose conditions to a permit,including conditions relating to the manner in which destruction occurs and the qualifications of persons authorized to injure or destroys trees; AND WHEREAS section 135(1)of the Municipal Act,2001 authorizes a local municipality to prohibit or regulate the injuring or destruction of trees; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: DEFINITIONS 1.In this By-law, “application”means a tree permit application form provided by the Town; “arborist”means a person with a diploma or degree involving arboriculture from an accredited college or university,a Registered Professional Forester, an accredited Certified Arborist under the International Society of Arboriculture or with a demonstrated history of tree preservation experience; “arborist report”means a report prepared by an arborist which provides details on the species,size and health of a tree to be destroyed,injured or removed; “base diameter”means the measurement of the diameter of the trunk of a tree from outside the bark at the existing grade of the ground adjoining its base or where there are multiple stems on a tree,means the total of the diameters of the three (3)largest stems measured at existing grade; “Clerk”means the Clerk of The Corporation of the Town of Aurora or his duly appointed designate; “Council”means the Council of The Corporation of the Town of Aurora; “dead”means a tree that has no living tissue; “dying”means a tree that is infected by a lethal pathogen or where 70%or more of its crown is dead; “emergency work”means the work necessary to terminate an immediate threat to life or property; Attachment #5 Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -139 -180 - By-law 4474-03.D Page 2 “golf course”means an area of land laid out and operated as a golf course and includes putting greens and driving ranges; “hazard”means a tree that is a potential hazard to property or life but not an immediate threat; “injure or destroy a tree”means the injury or destruction of a tree by removal, cutting,girdling of the tree or roots,interfering with the water supply, application of chemicals,compaction and regrading within the drip line of the tree,or by other means including irreversible injury which may result from neglect,accident or design but does not include pruning; “lands”means a lot only and does not include a building; “lot”means a parcel of land having specific boundaries which is capable of legal transfer; “Manager”means the Park Manager of the Leisure Services Department for the Town or his/her designate; “nursery”is a lot on which the principal business of selling plants,shrubs and trees occurs; “owner”means the registered owner of a lot,his respective successors and assigns or his authorized agent; “officer”means a person authorized to perform inspections pursuant to this By- law; “permit”means a permit required by this By-law to injure or destroy a tree on private property within the Town . “person”means an individual,his heirs,executors and administrators and his respective successors and assignees and includes a corporation and its directors and officers; “pruning”means the appropriate removal in accordance with good arboricultural practices of not more than one-third of the live branches or limbs of a tree or more than one third of the live branches or limbs on a tree as part of a consistent annual pruning program; “Town”means The Corporation of the Town of Aurora; “tree”means a self-supporting woody plant which has reached or will reach a height of at least 4.5 m at maturity; “tree diameter”means the measurement of the diameter of the trunk of a tree from outside the bark 1.4 m above existing grade of the ground adjoining its base or where there are multiple stems on a tree,means the total of the diameters of the three (3)largest stems measured approximately 140 cm above existing grade; SCOPE 2.This By-law shall apply to all private property in the Town. PERMIT REQUIREMENTS AND EXCEPTIONS 3.(1)No person shall injure or destroy five (5)or more trees each with either a tree diameter greater than 20 cm or a base diameter greater than 40 cm on a lot within any one year period without first obtaining a permit pursuant to this By-law. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -140 -181 - By-law 4474-03.D Page 3 (2)Despite subsection (1),a permit is not required: (a)for emergency work; (b)for the pruning of a tree; (c)for the removal of dead branches; (d)to injure or destroy trees located on rooftop gardens,interior courtyards,or solariums;or (e)to injure or destroy trees on a nursery or golf course. FILING FOR A PERMIT 4.An Owner who applies for a permit shall submit to the Manager the following: (1)a completed application; (2)a plan or drawing of the lot to the satisfaction of the Manager illustrating which trees are to be injured or destroyed; (3)payment of the required fees prescribed by the Fees and Services By- law; (4)an arborist report,if required by the Manager; (5)where the base of a tree straddles a property line the written consent to the permit issuance from the affected adjacent property owner;and (6)where the person is not the owner the written authorization of the owner consenting to the application. REVIEW OF A PERMIT APPLICATION 5.(1)The Manager shall review all completed applications based on the following criteria: (a)the trees are dead or dying; (b)the trees are a hazard; (c)the tree location conflicts with any of the following: (i)proposed building permit plans that comply with the zoning of the land; (ii)a proposed pool enclosure;or (iii)the expansion of parking areas that complies with the zoning of the land; (d)there will be no negative impact on flood or erosion control,or slope stability;or (e)the lot is designated under the Heritage Act R.S.O.1990,c.0.18, as amended,and the Town of Aurora’s Heritage Advisory Committee has approved the injury or destruction of the tree. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -141 -182 - By-law 4474-03.D Page 4 CONDITIONS OF THE ISSUANCE OF A TREE PERMIT 6.Town Council may issue a permit and impose conditions. COUNCIL’S CONSIDERATION OF AN APPLICATION 7.Where the Manager receives an application for a permit,the Manager shall prepare a report forthwith to be heard by Council. 8.The Owner may appear before Council to make representation regarding the application by notifying the Clerk. 9.The Owner shall post on the property where the trees that are the subject of the application are located a sign supplied by the Town advising of the date of the Council meeting in which the application for a permit will be considered, the intent of the permit and the name of the Town official to contact for further information.The sign shall be posted on the property in a location visible from the street edge for minimum period of two weeks before the Council meeting. REVOCATION OF PERMIT 10.Council may revoke a permit issued pursuant to this By-law if it was issued because of mistaken,false or incorrect information received from the owner. APPEAL TO THE ONTARIO MUNICIPAL BOARD 11.An Owner may appeal to the Ontario Municipal Board under the following circumstances: (a)If the municipality refuses to issue a permit,within 30 days after the refusal; (b)If the municipality fails to a make a decision on the application,within 45 days after the application is received by the clerk or (c)If the Owner objects to a condition in the permit,within 30 days after the issuance of the permit. PERMIT APPROVALS 12.The approval of a permit shall be valid for only one (1)year from the date of issuance. POSTING OF PERMIT 13.The approved tree permit shall be posted on the lot from which the trees are to be injured or destroyed in a location visible from the street edge for the period during which the trees are being injured or destroyed. INSPECTION 14.The Council may from time to time designate officers to carry out the administrative functions of this By-law including the enforcement thereof. 15.An officer may at any reasonable time enter and inspect any lands to which this By-law applies to determine whether the By-law,an order or a condition to a permit is being complied with. 16.An officer,in carrying out an inspection,can be accompanied by assisting personnel. Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -142 -183 - By-law 4474-03.D Page 5 17.Where an officer is satisfied that a contravention of this By-law has occurred, the officer may make an order requiring the person who contravened the by- law or who caused or permitted the injuring or destruction of trees in contravention of the by-law to stop the injuring or destruction of trees. 18.A order issued pursuant to section 17 shall set out the municipal address or legal description of the land,reasonable particulars of the contravention and the period within which there must be compliance with the order. 19.A person shall comply forthwith with an order as issued by the officer. EXEMPTIONS 20.A By-law passed under this section does not apply to, (a)any activities or matters undertaken by the Town,the Region,the School Boards for the development of a school or any other government authority,conservation authority or utility corporation; (b)activities or matters undertaken under a license issued under the Crown Forest Sustainability Act,1994; (c)the injuring or destruction of trees by a person licensed under the Surveyors Act to engage in the practice of cadastral surveying or his or her agent,while making a survey; (d)the injuring or destruction of trees imposed after December 31,2002 as a condition to the approval of a site plan,a plan of subdivision or a consent under section 41,51,or 53,respectively,of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections; (e)the injuring or destruction of trees imposed after December 31,2002 as a condition to a development permit authorized by regulation made under section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation; (f)the injuring or destruction of trees by a transmitter or distributor,as those terms are defined in section 2 of the Electricity Act,1998,for the purpose of construction and maintaining a transmission system or distribution system,as those terms are defined in that section; (g)the injuring or destruction of trees undertaken on land described in a license for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; (h)the injuring or destruction of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land (i)that has not been designated under the Aggregate Resources Act or a predecessor of that Act,and (ii)on which a pit or quarry is a permitted land use under a By-law passed under section 34 of the Planning Act. OFFENCES 21.(1)Any person who contravenes any provision of this By-law is guilty of an offence is liable: (a)on a first conviction,to a fine of not more than $10,000 or $1,000 Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -143 -184 - By-law 4474-03.D Page 6 per tree,whichever is greater;and (b)on any subsequent conviction,to a fine of not more than $20,000 or $2,500 per tree whichever is greater. (2)Any a corporation that contravenes any provision of this By-law and is guilty of an offence is liable: (a)on a first conviction,to a fine of not more than $50,000 or $5000 per tree,whichever is greater;and (b)on a subsequent conviction,to a fine of not more than $100,000 or $10,000 per tree whichever is greater. SHORT TITLE 22.This By-law may be referred to as the “Tree Permit By-law”. READ A FIRST,SECOND AND THIRD TIME AND ENACTED THIS 28TH DAY OF OCTOBER,2003. T.JONES,MAYOR B.PANIZZA,TOWN CLERK Deleted:¶ (This section is not necessary).¶ Council Meeting Agenda Tuesday,December 8,2015 Item 1 Page -144 -185 - TOWN OF AURORA GENERAL COMMITTEE MEETING REPORT Council Chambers Aurora Town Hall Tuesday,December 1,2015 ATTENDANCE COUNCIL MEMBERS Councillor Humfryes in the Chair;Councillors Abel,Gaertner, Kim,Mrakas,Pirri,Thom,Thompson,and Mayor Dawe MEMBERS ABSENT None OTHER ATTENDEES Interim Chief Administrative Officer,Director of Building and By- law Services,Director of Corporate and Financial Services/Treasurer,Director of Infrastructure and Environmental Services,Director of Legal and Legislative Services/Town Solicitor,Director of Parks and Recreation Services,Director of Planning and Development Services, Town Clerk,and Council/Committee Secretary The Chair called the meeting to order at 7:01 p.m. 1.DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 2.APPROVAL OF THE AGENDA General Committee approved the agenda as circulated by Legal and Legislative Services,with the following change: Withdrawn:Item 9 -PL15-095 –Official Plan Amendment,Ancillary Uses Policy –Business Park,2C Secondary Plan Aurora,File No.OPA-03-2015 Council Meeting Agenda Tuesday,December 8,2015 Item 2 Page -1 -186 - General Committee Meeting Report Tuesday,December 1,2015 Page 2 of 9 3.DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 2,3,7,10,11,12,and 13 were identified for discussion. 4.ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1,4,5,6,8,14,15,16,17,and 18 were identified as items not requiring separate discussion. General Committee recommends: THAT the following recommendations respecting the matters listed as “Items Not Requiring Separate Discussion”be adopted as submitted to the General Committee and staff be authorized to take all necessary action required to give effect to same: 1.BBS15-016 –Request for Sign Variance to Sign By-law No.4898-07.P for the McDonald’s at 229-239 Earl Stewart Drive THAT Report No.BBS15-016 be received;and THAT a request for variance to Sign By-law No.4898-07.P to allow a second wall sign on east elevation of McDonald’s at 229-239 Earl Stewart Drive,whereas Sign By-law No.4898-07.P restricts the number of wall signs on this elevation to one wall sign,be approved;and THAT a request for variance to Sign By-law No.4898-07.P to allow three wall signs on the south elevation of McDonald’s at 229-239 Earl Stewart Drive, whereas Sign By-law No.4898-07.P does not allow any wall signs on this elevation,be approved;and THAT a request for variance to Sign By-law No.4898-07.P to allow a wall sign on west elevation of McDonald’s at 229-239 Earl Stewart Drive,whereas Sign By- law No.4898-07.P does not allow any wall signs on this elevation,be approved; and THAT a request for variance to Sign By-law No.4898-07.P to permit two pre- menu board signs for the McDonald’s drive thru facility located at 229-239 Earl Stewart Drive,whereas Sign By-law No.4898-07.P only allow for one pre-menu board sign,be approved;and THAT a request for variance to Sign By-law No.4898-07.P to permit two menu board signs for the McDonald’s drive thru facility located at 229-239 Earl Stewart Drive,whereas Sign By-law No.4898-07.P allows only for one menu board sign, be approved;and Council Meeting Agenda Tuesday,December 8,2015 Item 2 Page -2 -187 - General Committee Meeting Report Tuesday,December 1,2015 Page 3 of 9 THAT a request for variance to Sign By-law No.4898-07.P to permit each menu board sign to have a sign area of 4.6 m²for the McDonald’s drive thru facility located at 229-239 Earl Stewart Drive,whereas Sign By-law No.4898-07.P allows a maximum sign area of 4.0 m²for menu board signs,be approved. 4.CFS15-052 –2015 Operating Surplus/Deficit Control By-law THAT Report No.CFS15-052 be received;and THAT By-law Number 5783-15 be adopted to authorize the Treasurer and the Chief Administrative Officer to make any necessary year-end financial adjustments and to allocate any 2015 Operating Fund surplus in the following order of priority: i.That any unspent funds from various reserve funds allocated in the 2015 Budget for specific expenditures be returned to the respective original reserve fund sources from which they came;and ii.That any net Building Permit revenue surplus/deficit be allocated to/funded from the Building Permit Fees Reserve;and iii.That the remainder of any surplus be allocated to budget carry-forward items, being Council approved special projects or initiatives funded in the Operating Fund in the subject year,but not started by year end;and iv.That up to a maximum of $370,000.00 of any then remaining surplus be allocated to the Tax Rate Stabilization Reserve Fund to assist with the stabilization of tax rates in future years which may be subject to fluctuations due to significant changes in service levels or municipal costs,or changes in expected revenues;and v.That the remainder of any surplus be allocated proportionately to the tax rate funded Repair &Replacement reserves;and Or,alternatively,in the event of a year-end operating deficit,that adjustments i,and ii above are authorized,with the remaining net shortfall being funded from the Tax Rate Stabilization reserve;and THAT the provisions made within By-law Number 5783-15 be adopted to authorize the Treasurer and the Chief Administrative Officer to allocate any 2015 surplus or alternatively fund any deficit in the Water,Wastewater,or Stormwater budgets to or from the appropriate related reserve accounts;and THAT the adjustments authorized herein are to occur with an effective date of December 31,2015,and which may be made prior to or after December 31, 2015;and Council Meeting Agenda Tuesday,December 8,2015 Item 2 Page -3 -188 - General Committee Meeting Report Tuesday,December 1,2015 Page 4 of 9 THAT the Treasurer and Chief Administrative Officer report to Council through General Committee after the year end surplus/deficit control adjustments and allocations have been performed. 5.CFS15-053 –Creation of One Additional Reserve Fund Account THAT Report No.CFS15-053 be received;and THAT By-law Number 5784-15,a by-law to amend the Reserve Fund By-law Number 5553-13 to add the Community Benefit Contributions reserve fund schedule,be adopted. 6.CFS15-054 –2016 Interim Property Tax Levy THAT Report No.CFS15-054 be received;and THAT By-law Number 5786-15 be adopted to authorize the levying of 2016 interim property taxes on all rateable properties and to establish installment due dates. 8.PL15-093 –Applications for Exemption from Part Lot Control,TACC Developments (Aurora)Inc.,Blocks 157 and 158,Plan 65M- 4424,File No.:PLC-2015-10 THAT Report No.PL15-093 be received;and THAT the Application for Exemption from Part Lot Control submitted by TACC Developments (Aurora)Inc.to divide Blocks 157 and 158 on Plan 65M-4424 in to fourteen (14)separate lots for townhouse units be approved;and THAT the Part Lot Control Exemption By-laws be enacted at the next available Council meeting. 14.PR15-043 –ActiveNet Agreement THAT Report No.PR15-043 be received;and THAT the Director of Parks and Recreation Services be authorized to enter into an agreement with Active Network for the use of the “ActiveNet”recreation program and facility rental registration system under the single source provisions of the Procurement By-law;and THAT the Director of Parks and Recreation Services be authorized to enter into a Service agreement for $33,000.00 +HST with Active Network for the upgrade from the existing “Class”system to the new “ActiveNet”system under the single Council Meeting Agenda Tuesday,December 8,2015 Item 2 Page -4 -189 - General Committee Meeting Report Tuesday,December 1,2015 Page 5 of 9 source provisions of the Procurement By-law,including any and all documents and ancillary agreements required to give effect to same. 15.Accessibility Advisory Committee Meeting Minutes of November 4,2015 THAT the Accessibility Advisory Committee meeting minutes of November 4, 2015,be received for information. 16.Environmental Advisory Committee Meeting Minutes of November 5,2015 THAT the Environmental Advisory Committee meeting minutes of November 5, 2015,be received;and THAT the Environmental Advisory Committee recommend to Council: 1.Correspondence from Melville James,EAC Member Re:Proposed Environmental Seminar/Forum THAT $1,000 from the 2016 Environmental Initiatives budget be allocated to the 2016 Community Environmental Forum. New Business Motion No.1 THAT staff be directed to report back to the Environmental Advisory Committee on the feasibility of prohibiting the use of plastic water bottles in Town facilities. 17.Economic Development Advisory Committee Meeting Minutes of November 12,2015 THAT the Economic Development Advisory Committee meeting minutes of November 12,2015,be received for information. 18.Community Recognition Review Ad Hoc Committee Meeting Minutes of November 17,2015 THAT the Community Recognition Review Ad Hoc Committee meeting minutes of November 17,2015,be received;and THAT the Community Recognition Review Ad Hoc Committee recommend to Council: Council Meeting Agenda Tuesday,December 8,2015 Item 2 Page -5 -190 - General Committee Meeting Report Tuesday,December 1,2015 Page 6 of 9 1.Round Table Discussion THAT the following four (4)members of the Committee who are Citizen of the Year recipients comprise the Selection Committee for the 2015 Community Recognition Awards:Diane Buchanan,Steve Hinder,Brian North,and Jo-anne Spitzer. New Business Motion No.1 THAT the Community Recognition Review Ad Hoc Committee be restructured into an Advisory Committee to meet regularly,with the same membership,and a new Terms of Reference for the remainder of the 2014- 2018 Term of Council. CARRIED 5.DELEGATIONS (a)Mike Scanlon,Resident Re:Traffic Concerns on John West Way,Civic Square Gate and Hollandview Trail Mr.Scanlon expressed concerns regarding traffic volume,poor sightlines,vehicle speed and safety in the area of Hollandview Trail,Civic Square Gate,and John West Way,and submitted a petition from area residents requesting that the Town implement traffic calming measures. General Committee received the comments of the delegation for information. 6.PRESENTATIONS BY THE ADVISORY COMMITTEE CHAIR None 7.CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 2.BBS15-017 –Parking Permit Program General Committee recommends: THAT Report No.BBS15-017 be received;and THAT fifteen (15)parking spaces at the Town Park be offered to residents living in close proximity as part of the Parking Permit Program;and Council Meeting Agenda Tuesday,December 8,2015 Item 2 Page -6 -191 - General Committee Meeting Report Tuesday,December 1,2015 Page 7 of 9 THAT staff bring forward to a future Council meeting amendments to the Parks By-Law Number 4283-01.P to restrict parking around Town Park to three (3) hours,Monday to Friday,between the hours of 6:00 a.m.and 6:00 p.m.;and THAT staff be authorized to expand the Automated Issuance Management System (AIMS)program to a comprehensive Parking Permit Management Solution providing for just-in-time and special consideration parking permits. CARRIED 3.CFS15-051 –Interim Operating Budget Forecast –as at September 30, 2015 THAT Report No.CFS15-051 be received for information. CARRIED 7.LLS15-065 –Publication of Council Voting Records THAT Report No.LLS15-065 be received;and THAT a record of recorded vote taken at Council meetings on or after January 1, 2015,be published on the Town’s website in the same format as Attachment 1 to Report No.LLS15-065;and THAT staff be authorized to amend the method of publishing the record of recorded votes upon implementation of any upgrades to the Council Chamber Audio-Video System,or upon implementation of an electronic meeting management system,provided that either system is capable of providing a similar reporting function and information as referred into Report No.LLS15-065. CARRIED 10.PL15-096 –Community Improvement Plan Incentive Program Application PMK Capital Inc.,95 Wellington Street East File No.CIP-2014-02 THAT Report No.PL15-096 be received;and THAT the application made by PMK Capital Inc.for the Tax-Based Redevelopment Grant be approved. CARRIED Council Meeting Agenda Tuesday,December 8,2015 Item 2 Page -7 -192 - General Committee Meeting Report Tuesday,December 1,2015 Page 8 of 9 11.PL15-097 –Planning Applications Status List THAT Report No.PL15-097 be received for information CARRIED 12.PR15-040 –Purchase Order Increase for Cultural Precinct Consultant THAT Report No.PR15-040 be received;and THAT the Purchase Order for Fotenn Consultants Ltd.be increased by $21,185.00,excluding taxes,to be funded from the Tax Rate Stabilization Reserve Fund. CARRIED 13.PR15-041 –Amendment to Lease Agreement:Vending and Concessions THAT Report No.PR15-041 be received;and THAT an Amendment to the Lease Agreement between the Town of Aurora and Global Brand Foods Inc.for the lease of space in Town facilities for the operation of concession stands,as well as the lease of space in various Town facilities for the operation of snack food and beverage vending machines be approved;and THAT the Mayor and Town Clerk be authorized to execute the Lease Agreement, including any and all documents and ancillary agreements required to give effect to same. CARRIED 8.NOTICES OF MOTION None 9.NEW BUSINESS/GENERAL INFORMATION Councillor Mrakas proposed that the concerns raised by Delegation (a)Mike Scanlon, Resident;Re:Traffic Concerns on John West Way,Civic Square Gate and Hollandview Trail,be investigated by staff. Council Meeting Agenda Tuesday,December 8,2015 Item 2 Page -8 -193 - General Committee Meeting Report Tuesday,December 1,2015 Page 9 of 9 New Business Motion No.1 General Committee recommends: THAT staff be directed to report back to Council to address the traffic concerns raised by Delegation (a)at the General Committee meeting of December 1,2015, respecting the area of John West Way,Civic Square Gate,and Hollandview Trail. CARRIED Councillor Pirri suggested that the concerns regarding speeding on John West Way and Hollandview Trail be discussed with the York Regional Police. 10.CLOSED SESSION None 11.ADJOURNMENT The meeting was adjourned at 9:06 p.m. SANDRA HUMFRYES,COUNCILLOR STEPHEN M.A.HUYCKE,TOWN CLERK THE REPORT OF THE GENERAL COMMITTEE MEETING OF DECEMBER 1,2015,IS SUBJECT TO FINAL APPROVAL AND COUNCIL ENDORSEMENT OF THE RECOMMENDATIONS ON DECEMBER 8,2015. Council Meeting Agenda Tuesday,December 8,2015 Item 2 Page -9 -194 - TOWN OF AURORA SPECIAL GENERAL COMMITTEE –2016 BUDGET REVIEW MEETING MINUTES Council Chambers Aurora Town Hall Monday,November 2,2015 (continued on November 16 and 23,2015) ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair;Councillors Abel,Gaertner (arrived 5:34 p.m.),Kim,Mrakas,Pirri,Thom,and Thompson MEMBERS ABSENT Councillor Humfryes OTHER ATTENDEES Interim Chief Administrative Officer,Acting Director of Building and By-law Services,Director of Corporate and Financial Services/Treasurer,Director of Infrastructure and Environmental Services,Director of Legal and Legislative Services/Town Solicitor,Director of Parks and Recreation Services,Director of Planning and Development Services, Manager of Financial Planning,Town Clerk,and Council/Committee Secretary The Chair called the meeting to order at 5:32 p.m. 1.DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 2.APPROVAL OF THE AGENDA Moved by Councillor Kim Seconded by Councillor Abel Council Meeting Agenda Tuesday,December 8,2015 Item 3 Page -1 -195 - Special General Committee –2016 Budget Review Meeting Minutes November 2,16,and 23,2015 Page 2 of 16 THAT the agenda as circulated by Legal and Legislative Services,with the following changes,be approved: Agenda Items 1 and 2 to be considered prior to “Public Consultation –Open Session –Opportunity for Members of the Public to Provide Input Regarding the 2016 Budget”;and Agenda Item 3 to be considered after “Public Consultation –Open Session – Opportunity for Members of the Public to Provide Input Regarding the 2016 Budget”. CARRIED 3.DELEGATIONS General Committee consented,on a two-thirds vote,that the requirements of section 3.8(c) of the Procedural By-law be waived to permit the delegation of Patrick Moyle,Interim Chief Administrative Officer,and Dan Elliott,Director of Corporate &Financial Services/Treasurer, to speak for more than five (5)minutes. (a)Patrick Moyle,Interim Chief Administrative Officer,and Dan Elliott,Director of Corporate &Financial Services/Treasurer Re:Item 1 –CFS15-045 –2016 Operating Budget Mr.Moyle gave a brief overview of the 2016 Operating Budget process,outlining changes and improvements that have been made to the Budget process from previous years,as well as the inclusion of the 10-year Capital Investment Plan, the Asset Management Plan,and the Development Charges By-law.He also noted the outcomes that have resulted from changes to the Budget process. Mr.Elliott presented an overview of the 2016 Draft Operating Budget process, including:factors affecting the 2016 Operating Budget;achievements in financial planning;the 2016 Property Tax increase;the 2016 Net Operating Budget;and the 2016 Gross Revenues. Moved by Councillor Thom Seconded by Councillor Kim THAT the comments of the delegation be received and referred to Item 1. CARRIED 4.PUBLIC CONSULTATION –OPEN SESSION –OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO PROVIDE INPUT REGARDING THE 2016 BUDGET Mr.Terry Jones inquired about the treatment of supplemental assessment information and staff noted the differences between the 2015 and 2016 Budgets. Council Meeting Agenda Tuesday,December 8,2015 Item 3 Page -2 -196 - Special General Committee –2016 Budget Review Meeting Minutes November 2,16,and 23,2015 Page 3 of 16 The Director of Corporate &Financial Services/Treasurer presented a summary of the forty-three emailed submissions of comments from the public,the majority of which were concerning indoor tennis facilities. 5.CLOSED SESSION None 6.CONSIDERATION OF ITEMS 1.CFS15-045 –2016 Operating Budget Moved by Councillor Thompson Seconded by Councillor Mrakas THAT Report No.CFS15-045 be received;and THAT the 2016 draft Operating Budget be approved;and THAT the necessary bylaw establishing tax rates and due dates for 2016 property taxation be presented for adoption at a future Council meeting. Motion to table Moved by Councillor Thompson Seconded by Councillor Mrakas THAT the question be laid on the table. CARRIED 2.2016 Operating Budget –Departmental Business Plans Presentations by Department (a)Infrastructure &Environmental Services Ilmar Simanovskis,Director of Infrastructure &Environmental Services Mr.Simanovskis gave a brief presentation outlining the services delivered by the department,the achievements of 2015,and the advancements for 2016. Council Meeting Agenda Tuesday,December 8,2015 Item 3 Page -3 -197 - Special General Committee –2016 Budget Review Meeting Minutes November 2,16,and 23,2015 Page 4 of 16 Moved by Councillor Thom Seconded by Councillor Pirri THAT the presentation by the Director of Infrastructure &Environmental Services be received and referred to the 2016 Operating Budget discussions. CARRIED (b)Parks,Recreation,&Cultural Services Al Downey,Director of Parks &Recreation Services Mr.Downey gave a brief presentation outlining the services delivered by the department,the achievements of 2015,and the advancements for 2016. Moved by Councillor Thompson Seconded by Councillor Kim THAT the presentation by the Director of Parks &Recreation Services be received and referred to the 2016 Operating Budget discussions. CARRIED (c)Corporate &Financial Services,Administrative Services Dan Elliott,Director of Corporate &Financial Services/Treasurer Mr.Elliott gave brief presentations outlining the services delivered by the departments,the achievements of 2015,and the advancements for 2016. Moved by Councillor Gaertner Seconded by Councillor Thompson THAT the presentations by the Director of Corporate &Financial Services/Treasurer be received and referred to the 2016 Operating Budget discussions. CARRIED (d)Legal &Legislative Services Warren Mar,Director of Legal &Legislative Services/Town Solicitor Mr.Mar gave a brief presentation outlining the services delivered by the department,the achievements of 2015,and the advancements for 2016. Moved by Councillor Thom Seconded by Councillor Kim Council Meeting Agenda Tuesday,December 8,2015 Item 3 Page -4 -198 - Special General Committee –2016 Budget Review Meeting Minutes November 2,16,and 23,2015 Page 5 of 16 THAT the presentation by the Director of Legal &Legislative Services/Town Solicitor be received and referred to the 2016 Operating Budget discussions. CARRIED (e)Building &By-law Services Techa van Leeuwen,Director of Building &By-law Services Ms.van Leeuwen gave a brief presentation outlining the services delivered by the department,the achievements of 2015,and the advancements for 2016. Moved by Councillor Pirri Seconded by Councillor Thom THAT the presentation by the Director of Building &By-law Services be received and referred to the 2016 Operating Budget discussions. CARRIED (f)Planning &Development Services Marco Ramunno,Director of Planning &Development Services Mr.Ramunno gave a brief presentation outlining the services delivered by the department,the achievements of 2015,and the advancements for 2016. Moved by Councillor Abel Seconded by Councillor Thompson THAT the presentation by the Director of Planning &Development Services be received and referred to the 2016 Operating Budget discussions. CARRIED 3.2016 Operating Budget –General Discussion None 7.ADJOURNMENT Moved by Councillor Thompson Seconded by Councillor Pirri THAT the meeting be recessed at 8:30 p.m.,until November 16,2015 at 7 p.m. CARRIED Council Meeting Agenda Tuesday,December 8,2015 Item 3 Page -5 -199 - Special General Committee –2016 Budget Review Meeting Minutes November 2,16,and 23,2015 Page 6 of 16 Council Chambers Aurora Town Hall Monday,November 16,2015 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair;Councillors Abel (arrived 7:40 p.m.), Humfryes,Kim,Mrakas,Thom,and Thompson MEMBERS ABSENT Councillors Gaertner and Pirri OTHER ATTENDEES Interim Chief Administrative Officer,Director of Corporate and Financial Services/Treasurer,Director of Parks and Recreation Services,Manager of Financial Planning,Town Clerk,and Council/Committee Secretary Moved by Councillor Thompson Seconded by Councillor Thom THAT the Special General Committee –2016 Budget Review meeting,which recessed on November 2,2015,be reconvened at 7:01 p.m. CARRIED 1.DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 2.APPROVAL OF THE AGENDA Moved by Councillor Kim Seconded by Councillor Humfryes THAT the agenda as circulated by Legal and Legislative Services,with the following additions,be approved: Item 4 –2016 Operating Budget –Aurora Public Library Board (Budget Binder Tab 7);Presentation by Jill Foster,Chief Executive Officer and Secretary-Treasurer, Aurora Public Library Board;and Discussion Council Meeting Agenda Tuesday,December 8,2015 Item 3 Page -6 -200 - Special General Committee –2016 Budget Review Meeting Minutes November 2,16,and 23,2015 Page 7 of 16 Item 5 –2016 Operating Budget –Aurora Cultural Centre 2016 Operating Grant; Report and Presentation by Bonnie Kraft,President,Board of Directors,and Laura Schembri,Executive Director,Aurora Cultural Centre;and Discussion Item 6 –2016 Operating Budget –Aurora Historical Society 2016 Operating Grant; Report and Presentation by Bill Albino,President,Board of Directors,Aurora Historical Society;and Discussion CARRIED 3.DELEGATIONS None 4.PUBLIC CONSULTATION –OPEN SESSION –OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO PROVIDE INPUT REGARDING THE 2016 BUDGET None 5.CLOSED SESSION None 6.CONSIDERATION OF ITEMS 3.2016 Operating Budget –General Discussion General Committee considered Item 3 following consideration of Item 5. Councillor Abel requested additional information on the on the Operating Budget for the Aurora Museum at the Aurora Cultural Centre. Councillor Thom requested additional information on revenue respecting ice time for the Aurora Tigers Junior A hockey team. Councillor Mrakas inquired about the distribution of detailed expenditure listings and staff advised on the timing. 4.2016 Operating Budget –Aurora Public Library Board (Budget Binder Tab 7);Presentation by Jill Foster,Chief Executive Officer and Secretary- Treasurer,Aurora Public Library Board;and Discussion (Added Item) Council Meeting Agenda Tuesday,December 8,2015 Item 3 Page -7 -201 - Special General Committee –2016 Budget Review Meeting Minutes November 2,16,and 23,2015 Page 8 of 16 Ms.Foster presented an overview of the Aurora Public Library’s 2016 Operating Budget including:the Library’s mission and value to the community;activities and growth;2015 key achievements;2016 business plan;and elements of the 2016 Budget development process including framework,highlights,pressures,and assessment growth. Moved by Councillor Kim Seconded by Councillor Mrakas THAT the presentation from the Aurora Public Library Board be received;and THAT the 2016 Operating Grant to the Aurora Public Library Board in the amount of $3,659,000 be approved. CARRIED 5.2016 Operating Budget –Aurora Cultural Centre 2016 Operating Grant; Report and Presentation by Bonnie Kraft,President,Board of Directors, and Laura Schembri,Executive Director,Aurora Cultural Centre;and Discussion (Added Item) Ms.Kraft and Ms.Schembri presented an overview of the Aurora Cultural Centre’s 2016 Operating Budget including:elements of the Centre’s activities including programming,fundraising,and community facility rentals;governance and awards;partnership with the Town;volunteer contribution;2016 new initiatives;2016 pressures;and details of the 2016 Operating Budget. Moved by Councillor Abel Seconded by Councillor Mrakas THAT the report and presentation from the Aurora Cultural Centre Board be received. CARRIED Moved by Councillor Humfryes Seconded by Councillor Abel THAT the 2016 Operating Grant to the Aurora Cultural Centre in the amount of $420,000 be approved. Council Meeting Agenda Tuesday,December 8,2015 Item 3 Page -8 -202 - Special General Committee –2016 Budget Review Meeting Minutes November 2,16,and 23,2015 Page 9 of 16 Motion to table Moved by Councillor Abel Seconded by Councillor Humfryes THAT the question be laid on the table. CARRIED 6.2016 Operating Budget –Aurora Historical Society 2016 Operating Grant; Report and Presentation by Bill Albino,President,Board of Directors, Aurora Historical Society;and Discussion (Added Item) Mr.Albino presented an overview of the Aurora Historical Society’s 2016 Operating Budget including:mission statement;request for Town support; background;Hillary House National Historic Site;2015 highlights including exhibitions,programs,and fundraising;2015 key performance and financial metrics;plans and special projects for 2016;and plans for 2017. Moved by Councillor Mrakas Seconded by Councillor Abel THAT the report and presentation from the Aurora Historical Society Board be received. CARRIED Moved by Councillor Abel Seconded by Councillor Humfryes THAT the 2016 Operating Grant to the Aurora Historical Society in the amount of $67,500 be approved. Motion to table Moved by Councillor Thom Seconded by Councillor Thompson THAT the question be laid on the table. CARRIED 7.ADJOURNMENT Moved by Councillor Mrakas Seconded by Councillor Thompson THAT the meeting be recessed at 9:40 p.m.,until November 23,2015 at 7 p.m. CARRIED Council Meeting Agenda Tuesday,December 8,2015 Item 3 Page -9 -203 - Special General Committee –2016 Budget Review Meeting Minutes November 2,16,and 23,2015 Page 10 of 16 Council Chambers Aurora Town Hall Monday,November 23,2015 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair;Councillors Abel (arrived 7:32 p.m.), Gaertner,Humfryes,Kim,Mrakas,Pirri,Thom,and Thompson MEMBERS ABSENT None OTHER ATTENDEES Interim Chief Administrative Officer,Director of Building and By- law Services,Director of Corporate and Financial Services/Treasurer,Director of Infrastructure and Environmental Services,Acting Director of Legal and Legislative Services/Associate Solicitor,Director of Parks and Recreation Services,Director of Planning and Development Services,Manager of Financial Planning,Town Clerk,and Council/Committee Secretary Moved by Councillor Thom Seconded by Councillor Humfryes THAT the Special General Committee –2016 Budget Review meeting,which recessed on November 16,2015,be reconvened at 7 p.m. CARRIED 1.DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 2.APPROVAL OF THE AGENDA Moved by Councillor Gaertner Seconded by Councillor Thom THAT the agenda as circulated by Legal and Legislative Services,with the following additions,be approved: Council Meeting Agenda Tuesday,December 8,2015 Item 3 Page -10 -204 - Special General Committee –2016 Budget Review Meeting Minutes November 2,16,and 23,2015 Page 11 of 16 Item 7 –Memorandum from Director of Planning &Development Services Re:Zoning By-law Review and Update Item 8 –Memorandum from Director of Parks &Recreation Services Re:2016 Operating Budget –Response to Committee Inquiries Item 9 –Memorandum from Director of Corporate &Financial Services/Treasurer Re:Aurora Cultural Centre and Aurora Historical Society Budget Funding Requests CARRIED 3.DELEGATIONS None 4.PUBLIC CONSULTATION –OPEN SESSION –OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO PROVIDE INPUT REGARDING THE 2016 BUDGET Mr.Stephen Kimmerer,on behalf of the Board of Directors of Sport Aurora and the member sport organizations,presented an overview of Sport Aurora’s activities and contributions to the quality of life in Aurora.He noted that the Sport Aurora Sport Plan Advisory Committee had presented a white paper,which made 47 recommendations,many directed towards cooperative solutions,within the seven pillars identified by Town staff.Mr.Kimmerer requested that Council consider the appropriate financial support for the Sport Plan being proposed,and that Sport Aurora be considered for a service agreement with a set of deliverables established to assure success for the mutual benefit of the Town and sport. Mr.David Heard,resident,expressed his appreciation of the positive work accomplished by Shawna White,Curator of the Aurora Museum and Archives,and spoke in support of additional space being provided for the Museum and Archives within the Church Street School. Mr.Bob McRoberts,resident,expressed concerns regarding accessibility and space for the maintenance,storage,display,and exhibitions of the Aurora Museum and Archives,and spoke in support of additional space being provided for the Museum and Archives within the Church Street School. Moved by Councillor Thompson Seconded by Councillor Thom THAT the comments of the public be received for information. CARRIED Council Meeting Agenda Tuesday,December 8,2015 Item 3 Page -11 -205 - Special General Committee –2016 Budget Review Meeting Minutes November 2,16,and 23,2015 Page 12 of 16 5.CLOSED SESSION None 6.CONSIDERATION OF ITEMS 1.CFS15-045 –2016 Operating Budget General Committee considered Item 1 following consideration of Item 3. Motion to take from the table Moved by Councillor Thompson Seconded by Councillor Mrakas THAT the question be taken from the table. CARRIED Moved by Councillor Thompson Seconded by Councillor Mrakas THAT Report No.CFS15-045 be received;and THAT the 2016 draft Operating Budget be approved;and THAT the necessary bylaw establishing tax rates and due dates for 2016 property taxation be presented for adoption at a future Council meeting. Amendment Moved by Councillor Thom Seconded by Councillor Mrakas THAT the main motion be amended by replacing the second clause with the following clause: THAT the 2016 draft Operating Budget,including any amendments previously adopted by Special General Committee –Budget,be approved;and THAT the main motion be further amended by adding the following clause: THAT the Director of Corporate and Financial Services/Treasurer present the 2016 Operating Budget,as recommended by Special General Committee –Budget,for Council approval. CARRIED Council Meeting Agenda Tuesday,December 8,2015 Item 3 Page -12 -206 - Special General Committee –2016 Budget Review Meeting Minutes November 2,16,and 23,2015 Page 13 of 16 Main motion as amended Moved by Councillor Thompson Seconded by Councillor Mrakas THAT Report No.CFS15-045 be received;and THAT the 2016 draft Operating Budget,including any amendments previously adopted by Special General Committee –Budget,be approved; and THAT the Director of Corporate and Financial Services/Treasurer present the 2016 Operating Budget,as recommended by Special General Committee –Budget,for Council approval;and THAT the necessary bylaw establishing tax rates and due dates for 2016 property taxation be presented for adoption at a future Council meeting. CARRIED AS AMENDED 3.2016 Operating Budget –General Discussion General Committee considered Item 3 following consideration of Item 6. Moved by Councillor Thompson Seconded by Councillor Thom THAT $100,000 be set aside for implementation of the Sport Plan,pending Council approval of a detailed 2016 implementation budget,to be funded from the Council Discretionary Reserve Fund. CARRIED Moved by Councillor Kim Seconded by Councillor Thompson THAT the 2016 Budget be amended to set aside $20,000 for the implementation of a Community Multicultural Event,to be funded from the Council Discretionary Reserve Fund. CARRIED Moved by Councillor Abel Seconded by Councillor Thom THAT $50,000 be set aside as a placeholder for the implementation of a Live Music Strategy,to be funded from the Council Discretionary Reserve Fund. CARRIED Council Meeting Agenda Tuesday,December 8,2015 Item 3 Page -13 -207 - Special General Committee –2016 Budget Review Meeting Minutes November 2,16,and 23,2015 Page 14 of 16 5.2016 Operating Budget –Aurora Cultural Centre 2016 Operating Grant; Report and Presentation by Bonnie Kraft,President,Board of Directors, and Laura Schembri,Executive Director,Aurora Cultural Centre;and Discussion (Added Item) Motion to take from the table Moved by Councillor Pirri Seconded by Councillor Thom THAT the question be taken from the table. CARRIED Main motion Moved by Councillor Humfryes Seconded by Councillor Abel THAT the 2016 Operating Grant to the Aurora Cultural Centre in the amount of $420,000 be approved. Amendment No.1 Moved by Councillor Pirri Seconded by Councillor Mrakas THAT the main motion be amended by replacing “$420,000”with “$393,900”. CARRIED Main motion as amended Moved by Councillor Humfryes Seconded by Councillor Abel THAT the 2016 Operating Grant to the Aurora Cultural Centre in the amount of $393,900 be approved. CARRIED AS AMENDED 6.2016 Operating Budget –Aurora Historical Society 2016 Operating Grant; Report and Presentation by Bill Albino,President,Board of Directors, Aurora Historical Society;and Discussion (Added Item) Council Meeting Agenda Tuesday,December 8,2015 Item 3 Page -14 -208 - Special General Committee –2016 Budget Review Meeting Minutes November 2,16,and 23,2015 Page 15 of 16 Motion to take from the table Moved by Councillor Pirri Seconded by Councillor Thom THAT the question be taken from the table. CARRIED Main motion Moved by Councillor Abel Seconded by Councillor Humfryes THAT the 2016 Operating Grant to the Aurora Historical Society in the amount of $67,500 be approved. Amendment Moved by Councillor Thompson Seconded by Councillor Abel THAT the main motion be amended by replacing “$67,500”with “$70,500”. CARRIED Main motion as amended Moved by Councillor Abel Seconded by Councillor Humfryes THAT the 2016 Operating Grant to the Aurora Historical Society in the amount of $70,500 be approved. CARRIED AS AMENDED General Committee considered Items 7,8,and 9 prior to consideration of Items 5 and 6. 7.Memorandum from Director of Planning &Development Services Re:Zoning By-law Review and Update (Added Item) Moved by Councillor Thompson Seconded by Councillor Mrakas THAT the memorandum regarding Zoning By-law Review and Update be received for information. CARRIED 8.Memorandum from Director of Parks &Recreation Services Re:2016 Operating Budget –Response to Committee Inquiries (Added Item) Council Meeting Agenda Tuesday,December 8,2015 Item 3 Page -15 -209 - Special General Committee –2016 Budget Review Meeting Minutes November 2,16,and 23,2015 Page 16 of 16 Moved by Councillor Mrakas Seconded by Councillor Humfryes THAT the memorandum regarding 2016 Operating Budget –Response to Committee Inquiries be received for information. CARRIED 9.Memorandum from Director of Corporate &Financial Services/Treasurer Re:Aurora Cultural Centre and Aurora Historical Society Budget Funding Requests (Added Item) Moved by Councillor Thompson Seconded by Councillor Kim THAT the memorandum regarding Aurora Cultural Centre and Aurora Historical Society Budget Funding Requests be received for information. CARRIED 7.ADJOURNMENT Moved by Councillor Thom Seconded by Councillor Kim THAT the meeting be adjourned at 9:14 p.m. CARRIED GEOFFREY DAWE,MAYOR STEPHEN M.A.HUYCKE,TOWN CLERK THE MINUTES OF THE SPECIAL GENERAL COMMITTEE –2016 BUDGET REVIEW MEETING OF NOVEMBER 2,16,AND 23,2015,ARE SUBJECT TO APPROVAL BY COUNCIL ON DECEMBER 8,2015. Council Meeting Agenda Tuesday,December 8,2015 Item 3 Page -16 -210 - COUNCIL REPORT No.CFS15-055 SUBJECT:2016 Final Operating Budget FROM:Dan Elliott,Director,Corporate &Financial Services -Treasurer DATE:December 8,2015 RECOMMENDATIONS THAT Report No.CFS15-055 be received;and THAT the 2016 Operating Budget summarized in Attachment #3 which reflects all revisions recommended for approval by the General Committee -Budget resulting in an estimated total tax levy of $38,959,100 and a total expenditure plan of $58,169,900 generating a 1.8%Town of Aurora share tax increase,which results in an estimated 1.9%residential tax bill increase when combined with the regional and education shares of the tax bill,be approved;and THAT the Town’s full-time staff complement remain unchanged at 2015 levels (excluding Library Board and Central York Fire Services staff);and THAT a general wage increase of 1.0%effective April 1,2016,be approved and applied to the Salary Schedule for Full-time Permanent Non-Bargaining Unit Positions,and to the Rate Schedule for Other-Than-Continuous-Full-time Non- Bargaining Unit Positions,both being Attachments to Policy #7;and THAT the necessary bylaw establishing tax rates and due dates for 2016 property taxation be presented for adoption at a future Council meeting. PURPOSE OF THE REPORT To present for final approval a consolidated operating budget for 2016,reflecting all changes recommended by General Committee –Budget. BACKGROUND At its meeting of September 15,2015,Council adopted the following resolutions arising from staff Report No.CFS15-035: THAT staff be directed to prepare the 2016 Operating Budget in accordance with the following directives: 1.The Base Operating Budget reflects an overall tax increase pressure of 1.8%,including: TOWN OF AURORA Council Meeting Agenda Tuesday,December 8,2015 Item 4 Page -1 -211 - December 8,2015 -2 -Report No.CFS15-055 a.A reduction in hydro interest reliance of $100,000;and b.A reduction of supplementary tax reliance of $75,000;and c.Maintain current contributions to infrastructure sustainability reserves;and d.An overall increase in CYFS funding of 1.3%of the total tax levy (contributing 1.03%to the overall tax increase pressure);and e.Partial absorption of inflationary pressures;and f.Maintain current service levels. 2.All rates,fees and unit charges for non-tax revenues be indexed individually by a minimum of 1.1%,unless set by contract or statutes; and THAT the Aurora Public Library Board be directed to prepare a budget based on an anticipated Town of Aurora tax-based operating funding grant of $3,659,000;and THAT the Aurora Cultural Board be requested to prepare their 2016 Operating and Capital Budgets based upon the current Town funding in the amount of $377,000. COMMENTS Staff are pleased to present the final 2016 Operating Budget which reflects Council’s direction,and Committee’s recommended changes,resulting in an average town share tax increase of 1.8%for residential properties. The following items of key interest to Council have been reflected in the final draft budget: 1.Increased contributions to infrastructure reserves equal to 1%of tax levy. 2.Reduced reliance on interest from hydro reserved,reducing last year’s reliance of $300,000 to only $200,000 for 2016. 3.Reduced planned reliance on supplementary tax revenues in accordance with our financial strategy by $75,000 to only $500,000 for 2016,despite much higher but short term expectations for sup taxes (mid-year taxation of new property construction arising in the 2C lands). 4.Phase-in of expected cost increases for Central York Fire,which,as anticipated, slightly exceeds the actual budget draft approved by the Joint Council Committee for CYFS.The excess results in a contribution to tax stabilization reserve for future use in this phase-in plan.The Town had previously adopted a phase-in strategy of increasing fire services budget by 1.3%of Aurora’s tax levy each year for six years. Council Meeting Agenda Tuesday,December 8,2015 Item 4 Page -2 -212 - December 8,2015 -3 -Report No.CFS15-055 5.All rates,fees,and charges of the Town have been indexed where permissible by 1.1%representing inflation as reported for the 12 month period ending June, 2015. 6.All revenue estimates have been carefully considered in the context of the inflated rates and fees,as well as expected activity volumes and reflected in the budget. 7.Enhanced funding to the Aurora Cultural Centre Board and the Aurora Historical Society as directed by Committee. 8.Provision of funding in support of a pending Sports/Sports Tourism Plan,a Live Music Strategy,and a new community multicultural celebration event. Staff have been able to achieve a 1.8%tax levy increase budget by utilizing new growth revenues arising from the recent growth of the 2C area,together with the above noted revenue changes,as well as constraining wherever possible the costs of operations of the Town.Training and development budgets remain substantially unchanged from last year.By having a clear direction of Council,staff were able to focus their attention to developing a budget which would meet Council’s goal.Attachment #1 outlines the operating expenses of each department,net of their respective non-tax revenues.The total Net Operating budget,so represented,shows the distribution of the actual total tax revenue of $38,959,100.Attachment #2 outlines all revenues by type,showing the total combined revenues of $58,169,900.Attachment #3 shows this information in tabular format.The percentages in the right hand column represent the tax rate impact of the line item change;not the year over year percentage change for the budget line item. Attachment #4 outlines graphically the key budget pressures and influences in compiling the 2016 budget,ending with a 1.8%tax increase. The Draft Budget Binder was separately distributed,and is available on the Town’s website.Tab #3 of the Budget Binder includes a summary of all corporate Key Performance Indicators.As the 2015 year is not yet complete,the 2015 targets are shown,together with the 2016 targets.Past results are included.2015 estimates have been included where possible. Binder Tab #4 includes a summation of all departmental business objectives for the year which will advance various strategic initiatives of the Town’s Strategic Plan. Some of the highlights include: Expand on 2015 successes of Lean Practices pilot to include cross functional services in order to increase operational efficiencies; Integrate various corporate project management practices in order to create a consolidated delivery model; Implement the required changes to winter snow control in order to eliminate the use of sand on roads; Roll out new e-billing program for water bills Implement Council’s new Budget Principles and Processes into annual budget process Council Meeting Agenda Tuesday,December 8,2015 Item 4 Page -3 -213 - December 8,2015 -4 -Report No.CFS15-055 Collaboration with downtown business owners to form a Business Improvement Area Update zoning bylaw Update of the Corporate Environmental Action Plan Update of Official Plan To obtain Silver (Level 2)Certification from Excellence Canada Develop more robust wellness program focusing on mental health and stress issues. Update Corporate Communications Strategy and Communications Policy Technology advancements –on line services,mobile devices,customer relations management system. Sign Bylaw implementation and education Septic Maintenance program implementation Advancement of recommendations from Parks and Recreation Master Plan and Sports Plan Creation and implementation of a Public Art Policy Update and review of the departmental Pricing Policy Implementation of Electronic Document &Records Management System Implementation of a new e-agenda system for Council and Committee Binder Tab #6 contains the business plans and information regarding each operating department of the Town.(Tab #5 is unused,and may be used to hold copies of presentations from each department.) LINK TO STRATEGIC PLAN Developing the annual budget supports all aspects of the Strategic Plan.Specifically, this report supports the Plan principles of Leadership in Corporate Management, Leveraging Partnerships,and Progressive Corporate Excellence and Continuous Improvement. ALTERNATIVE(S)TO THE RECOMMENDATIONS Council may make resolutions for changes to the 2016 draft budget. FINANCIAL IMPLICATIONS The General Committee –Budget has recommended the following changes to the draft budget first presented by staff.This report and attachments reflect these four items: 1.Add $100,000 for implementation of the pending Sports/Sports Tourism Plan; 2.Add $50,000 for implementation of the pending Live Music Strategy; Council Meeting Agenda Tuesday,December 8,2015 Item 4 Page -4 -214 - December 8,2015 -5 -Report No.CFS15-055 3.Add $20,000 to fund a community multi-cultural celebration event for 2016; 4.Fund these first three items with a draw from the Council Contingency Reserve Fund; 5.Add $16,900 to fund an increase in the grant provided to the Aurora Cultural Centre and add $3,000 to fund an increase in the grant provided to Aurora Historical Society for 2016,both funded from within the existing draft budget. Residential tax bills contain three different property taxes.Taxes collected for provincial education purposes represents approximately 20.6%of a residential tax bill,while taxes for York Region are approximately 43.0%,with the remaining 36.4%being retained by the Town for Town purposes. The Town’s 1.8%tax increase budget adds $6.20 per year to the tax bill for each $100,000 of assessment. When combined with the York Region expected 2.85%tax rate and the revenue neutral education rate to be set by the Province (not until April 2016),the expected combined tax impact to a residential property is 1.88%.For reference,Attachment #5 sets out a history of Aurora’s tax rate increases in recent years. The proposed budget sets out planned expenditures totalling $58,169,900,funded with non-tax revenues of $19,210,900,such as investment income,user fees,Federal Gas Tax grants,and fines &penalties.The remaining $38,959,100 requirement is to be raised through property taxes,requiring a 1.8%average tax increase.Attachment #5 outlines Aurora’s history of increases to its property tax levies. A key budgeting change for 2016 affects the past practice of budgeting for supplementary taxes.Supplementary taxes (“supps”or “supp taxes”)are taxes levied upon new structures which are first assessed during the budget year.The Town is working on reducing its budget reliance on supp.taxes as the current high levels will be short lived,and will affect the tax budgets significantly if not managed over the next few years.For 2016,the planned level of reliance is $500,000 down from the 2015 reliance of $575,000.The expected actual supplementary tax revenue for 2016 is $1,100,000. For 2016,the budget reflects supplementary tax revenue at $1,100,000,with an off- setting temporary contribution to capital reserves of $600,000,resulting in a net budget revenue at the $500,000 planned level. CONCLUSIONS Council established a budget target for 2016 operating budget of 1.8%tax increase. Staff responded and developed a comprehensive budget.As directed,all revenue rates,fees and charges have been indexed for inflation.All operating lines were examined for opportunities for constraint,while maintaining services.All revenue targets were examined for expected volumes of activities.With five noted changes made by Budget Committee,with no impact to the proposed tax increase of 1.8%,the resultant final draft budget is herein presented for final approval by Council. Council Meeting Agenda Tuesday,December 8,2015 Item 4 Page -5 -215 - Council Meeting Agenda Tuesday,December 8,2015 Item 4 Page -6 -216 - Council Meeting Agenda Tuesday,December 8,2015 Item 4 Page -7 -217 - Council Meeting Agenda Tuesday,December 8,2015 Item 4 Page -8 -218 - Council Meeting Agenda Tuesday,December 8,2015 Item 4 Page -9 -219 - Council Meeting Agenda Tuesday,December 8,2015 Item 4 Page -10 -220 - Council Meeting Agenda Tuesday,December 8,2015 Item 4 Page -11 -221 - MEMORANDUM DATE:December 8,2015 TO:Mayor and Members of Council FROM:Dan Elliott,Director,Corporate &Financial Services -Treasurer RE:Special General Committee –Budget Recommendation for Additional 2015 Funding to Aurora Cultural Centre RECOMMENDATIONS THAT the memorandum regarding Special General Committee –Budget Recommendation for Additional 2015 Funding to Aurora Cultural Centre be received; and THAT one-time funding in the amount of $10,000 be allocated to the Aurora Cultural Centre Board for purposes of operational expenses,to be funded from the 2015 Council Operating Contingency account. COMMENTS At its meeting of November 26,2015,during the 2016 Budget deliberations,Special General Committee –Budget discussed an interest in providing some additional 2015 funding to the Aurora Cultural Centre.Staff expected a motion to this effect to be raised during the November 27,2015 Council meeting.No such motion was made. This memo has been prepared as a reminder of this matter.It provides the appropriate wording for a motion to give effect to the intentions of Special General Committee –Budget in this regard. Town of Aurora Corporate &Financial Services Council Meeting Agenda Tuesday,December 8,2015 Item 5 Page -1 -222 - MEMORANDUM DATE:December 8,2015 TO:Mayor and Members of Council FROM:Marco Ramunno,Director of Planning and Development Services Dan Elliott,Director of Corporate &Financial Services -Treasurer RE:Additional Information December 1,2015 General Committee Agenda Item No.10 Report No.PL15-096 Community Improvement Plan Incentive Program Application PMK Capital Inc. 95 Wellington Street East File No.CIP-2014-02 RECOMMENDATIONS THAT this Memorandum regarding Additional Information to Report No.PL15-096 be received for information. COMMENTS The Tax-Based Redevelopment Grant (TIG)program is focussed on achieving comprehensive site redevelopment on principle sites.It is intended to support projects likely to result in significant site redevelopment by reducing the financial costs of property rehabilitation and redevelopment associated with multi-residential and commercial projects, through a grant toward the municipal portion of the property tax.The TIG is based on the tax increment for the increase in property value as a result of the redevelopment.In order to qualify for the program,the minimum increase in assessment must be $1,500,000. The maximum amount of the grant is 80%of the annual tax increment over the agreed base assessment and property tax liability.The maximum duration of the TIG is 10 Years. The grant is based on the “Reimbursing Developer”approach.The property owner/developer pays the full cost of renovation,rehabilitation or redevelopment as well as the resulting annual increase in property tax.The Town reimburses the owner by way of an annual grant equivalent to the agreed municipal portion of the incremental property tax.The TIG is transferrable to a subsequent owner. The Town will determine the existing base assessment and tax for the property;normally at the time of approval of the application.At project completion,the grant will be calculated on the new assessed property value provided by MPAC and taxes relative to the base amounts. 100 John West Way Box 1000 Aurora,Ontario L4G 6J1 Phone:905-726-4755 Email:mramunno@aurora.ca www.aurora.ca Town of Aurora Planning &Development Services Council Meeting Agenda Tuesday,December 8,2015 Item 6 Page -1 -223 - December 8,2015 -2-CIP Application -95 Wellington St.E. To be clear,the funding for this program will not be provided through the $200,000 annual CIP Capital Budget;but through transfer from Tax Levy from the additional assessment growth resulting from the redevelopment.In the case of the subject application at 95 Wellington Street East,the Town would continue to collect the existing municipal property taxes as well as an additional 20%of the increased municipal portion of the tax.The Town would also benefit long term from the full amount of increased taxes on the property after the end of the TIG.Development charges on the redevelopment will still apply. Council Meeting Agenda Tuesday,December 8,2015 Item 6 Page -2 -224 - MEMORANDUM Councillor Paul Pirri Date:December 8,2015 To:Mayor and Members of Council From:Councillor Pirri Re:Federation of Canadian Municipalities (FCM)Report to Council,Meeting of the Board of Directors,Ottawa,ON,November 17-20,2015 RECOMMENDATIONS THAT the memorandum regarding Federation of Canadian Municipalities (FCM) Report to Council,Meeting of the Board of Directors,Ottawa,ON,November 17- 20,2015,be received for information. ATTACHMENTS Attachment 1 -Federation of Canadian Municipalities (FCM)Report to Council,Meeting of the Board of Directors,Ottawa,ON,November 17-20,2015 Council Meeting Agenda Tuesday,December 8,2015 Item 7 Page -1 -225 - REPORT TO COUNCIL MEETING OF THE BOARD OF DIRECTORS OTTAWA,ON NOVEMBER 17-20,2015 Attachment 1 Council Meeting Agenda Tuesday,December 8,2015 Item 7 Page -2 -226 - FCM Report to Council –November 2015 Page 2 of 16 SUMMARY The FCM Board of Directors met in Ottawa,from November 17-20.Board members spent four days addressing vital national issues playing out at the local level during Regional Caucus meetings,Standing Committee and Forum meetings,two Committee of the Whole meetings and the Board meeting.The details of those discussions are presented in the Committee reports that follow. With the House of Commons not sitting,it simply was not possible to conduct the traditional Advocacy Days that normally coincide with FCM’s November Board meeting.However,that did not stop FCM leadership from achieving an unprecedented level of early engagement with the new federal government.In the span of just a few days,FCM met with six federal cabinet ministers responsible for issues that are key to the municipal agenda:Bill Morneau, Minister of Finance;Amarjeet Sohi,Minister of Infrastructure and Communities;John McCallum,Minister of Immigration,Refugees and Citizenship;Catherine McKenna,Minister of Environment and Climate Change;Ralph Goodale,Minister of Public Safety and Emergency Preparedness;and Marie-Claude Bibeau,Minister of International Development. FCM leadership also met with the Interim Leader of the Official Opposition,Rona Ambrose. In each one of these meetings,FCM received very positive signs that the new government fully understands the critical importance of working in partnership with municipalities. Board members discussed the historic level of attention given to municipal priorities during the recent federal election,and the role FCM members played in making that happen.The Board received the necessary documentation to engage local MPs in their ridings and to brief them on FCM’s action plan,Cities and Communities:Partners in Canada’s Future.This document introduces FCM to the new government,offers insights into municipal priorities, and lays out what the federal government needs to do in the first 100 days of Parliament to work with municipalities to deliver on its election commitments to Canadians. Council Meeting Agenda Tuesday,December 8,2015 Item 7 Page -3 -227 - FCM Report to Council –November 2015 Page 3 of 16 REPORT OF THE MEETING OF THE STANDING COMMITTEE ON SOCIAL-ECONOMIC DEVELOPMENT SUMMARY OF DISCUSSION Chair Karsten began the meeting by introducing the Vice-Chairs and reading a portion of the Policy Statement,which was distributed to members following the September meeting. Vice-Chair McConnell invited the Committee to attend the Urban Aboriginal Working Group meeting immediately following the Board of Directors meeting on Friday,and reported that Marc Maracle from the Ottawa Aboriginal Coalition is scheduled to meet with the group to discuss municipal Aboriginal collaboration.The Committee heard that members of the Working Group have been meeting with Aboriginal leaders in their communities to explore how municipalities and Aboriginal people can work together. Megan Stanley presented an overview of the commitments that the Liberal government has made on FCM priorities such as affordable housing,newcomer settlement services and support for urban Aboriginal communities.The Committee heard that Jean-Yves Duclos, Minister of Families,Children and Social Development,has responsibility for the Canada Mortgage and Housing Corporation (CMHC)and that Amarjeet Sohi,the Minister of Infrastructure and Communities will have responsibility for “social infrastructure”funding which is likely to include capital support for housing.The Committee heard that FCM staff is working with the new Ministers to better understand the Liberal housing commitments and ensure that municipal priorities,such as expiring federal social housing operating agreements,are addressed.Committee members highlighted that there are important regional differences and that federal housing programs must take these into consideration and provide sufficient flexibility.This principle will be added to FCM’s transition strategy. The Committee then received a report from Leanne Holt on FCM’s Task Force on Refugee Resettlement.Leanne outlined the recent activities that the Task Force has undertaken, including meeting with Immigration,Refugees and Citizenship Minister John McCallum , working closely with key staff within the federal government,gathering pertinent information from municipalities and presenting municipal concerns to the federal government.The Committee heard that the safety and security of refugees and the Canadian p ublic are top priorities for the federal government.Committee members identified a need for more information on private sponsorship,as well as the funding and services that will be available to smaller communities,recognizing that the federal government intends to settle refugees in communities of all sizes across the country.The Committee also suggested that on-going concerns about affordable housing are raised with the federal government in the context of refugee resettlement. Peigi Wilson then provided an update on FCM’s Municipal-First Nation Community Infrastructure Partnership Program (CIPP).The Committee heard that the program is on- track to meet all of its objectives and conclude service sharing agreements between six municipal and First Nation community pairs across Canada.The current funding agreement with the federal government is scheduled to expire at the end of March,2016 and FCM is in discussion with Indigenous Affairs and Northern Development Canada about future programming. Council Meeting Agenda Tuesday,December 8,2015 Item 7 Page -4 -228 - FCM Report to Council –November 2015 Page 4 of 16 Finally,the Committee had a presentation from Marc LeClair from the Métis National Council. The Committee heard about the history of the Métis Nation in western Canada and the growth of its membership to 400,000 people,making it the largest Indigenous cultural g roup in North America.Provincial and Territorial Métis organizations and the MNC are working with the federal government on policy and programming to support the economic and social development of Métis people,70%of whom live in urban areas.Going forward,FCM will continue a relationship with the MNC as the Liberal government implements specific commitments it made to the Métis Nation. STANDING COMMITTEE RECOMMENDATION: The Standing Committee recommends that this report be received. Council Meeting Agenda Tuesday,December 8,2015 Item 7 Page -5 -229 - FCM Report to Council –November 2015 Page 5 of 16 REPORT OF THE MEETING OF THE STANDING COMMITTEE ON MUNICIPAL FINANCE AND INTERGOVERNMENTAL ARRANGEMENTS SUMMARY OF DISCUSSION Committee Chair Sav Dhaliwal opened the meeting by welcoming Committee members and introducing Vice-Chairs Councillors Brian Pincott and Bev Esslinger. The Chair introduced the agenda,which was adopted with a slight modification to the order of discussion items.Following this,the report of the September 2015 meeting was adopted and members received an update on the advocacy efforts undertaken by FCM leadership and staff since the last board meeting,including during the 2015 Federal Election period.The Committee then discussed FCM’s success in securing commitments on municipal finance and international trade priorities from all federal parties.Members were then provided with an overview of the key commitments included in the Liberal Party’s 2015 election platform related to public private partnerships and infrastructure financing,and an assessment of outstanding details that require clarification from the new government.Ongoing challenges with financing and funding infrastructure projects in smaller communities were top of mind during the discussion. An update on FCM’s request to intervene in Canada Post Corporation v.City of Hamilton was also delivered to the Committee.A subsequent presentation on FCM’s attendance at the Canadian Council for Public-Private Partnerships Conference in Toronto was also delivered. FCM staff then updated the Committee on preparations for the 2016 Report on the Municipal Fiscal Storyline and challenges with accessing data from Statistics Canada.Following the report,members shared a number of ideas on how to optimize the next edition.Staff committed to bringing a draft report,with the exception of components requiring the new Statistics Canada data,to the March 2016 board meeting for discussion and approval. Members were also provided an overview of the ongoing work on international trade,and the FCM-DFATD Joint Working Group on International Trade.In particular,the Committee discussed the need to work with the new government to maintain and build on progress made in recent years.Further,members asked that staff continue to monitor and engage with DFATD on emerging trade issues including the recently signed Trans Pacific Partnership agreement and the Comprehensive Economic and Trade Agreement,and their potential implications for cities and communities. STANDING COMMITTEE RECOMMENDATION: The Standing Committee recommends that this report be received. Council Meeting Agenda Tuesday,December 8,2015 Item 7 Page -6 -230 - FCM Report to Council –November 2015 Page 6 of 16 REPORT OF THE MEETING OF THE STANDING COMMITTEE ON ENVIRONMENTAL ISSUES AND SUSTAINABLE DEVELOPMENT SUMMARY OF DISCUSSION Chair Pauline Quinlan welcomed members of the Standing Committee and,following a round of introductions,adopted the amended agenda and the report from the September board meeting. Councillor Ben Henderson delivered an update report on FCM’s Green Municipal Fund (GMF).Discussion included strong support from the Committee for GMF programming and funding.Several suggestions were made for how to improve promotion of and access to GMF funds.Committee members also expressed appreciation for the Sustainable Communities Conference and provided suggestions for increasing municipal exposure to the conference and recommended a session specifically on how to access GMF resources.All of the support expressed for GMF culminated in the suggestion that with a new federal government in place,the timing might be ripe for a federal request to expand GMF. Chair Quinlan delivered an update on preparations and objectives for FCM’s delegation attending the 21st Conference of the Parties (COP)United Nations Climate Change Conference in Paris.The FCM delegation will be there in early December and Chair Quinlan will be there representing the climate change objectives of the Standing Committee on Environmental Issues and Sustainable Development.Chair Quinlan’s objectives at COP21 include: 1.Building FCM credibility and advancing relationships with federal elected officials, their staff and departmental staff; 2.Accessing knowledge from other local and national governments in order to inform our future domestic policy agenda;and 3.Reporting back to members to share the lessons learned and outcomes and to inform our current policy priorities and future strategic approach on climate change. Dan Casselman and Adam Thomson presented the outcomes of FCM’s 2015 federal election campaign related to the climate change mitigation and adaptation priorities of the standing Committee.The update focused on the Liberal government’s major commitments to public transit and green infrastructure funds,as well as their commitment to the Canadian Infrastructure Bank,Green Bonds,and to work with municipalities to develop a comprehensive action plan that allows Canada to better predict,prepare for,and respond to weather-related emergencies. The final portion of the agenda was a presentation from Peter Watson,Chair and CEO of the National Energy Board (NEB).Mr.Watson’s presentation ran through the full scope of the roles and responsibilities of the NEB,including NEB-lead public hearings for major pipeline and energy transmission proposal reviews and the public controversies surrounding some of the hearings.The NEB Chair’s presentation concluded with a review of the liability and compensation regimes legislated under the new Pipeline Safety Act.Concerns expressed by Committee members were related to the assessment of the potential impacts of sunken diluted bitumen and the questions from municipalities that have gone unanswered through the NEB’s public hearing process. Council Meeting Agenda Tuesday,December 8,2015 Item 7 Page -7 -231 - FCM Report to Council –November 2015 Page 7 of 16 STANDING COMMITTEE RECOMMENDATION: The Standing Committee recommends that this report be received. Council Meeting Agenda Tuesday,December 8,2015 Item 7 Page -8 -232 - FCM Report to Council –November 2015 Page 8 of 16 REPORT OF THE MEETING OF THE RURAL FORUM SUMMARY OF DISCUSSION Forum Chair Ray Orb opened the meeting by welcoming Forum members and extending regrets from Vice-Chairs maire Scott Pearce and AAMDC President Al Kemmere. Following approval of the agenda and the report of the September 2015 meeting,members were updated on the advocacy efforts of FCM leadership and staff since the last board meeting,including during the 2015 Federal Election period.The Forum then discussed FCM’s success in securing commitments on rural-specific priorities from all federal parties. Members received a report on the key commitments included in the Liberal Party’s 2015 election platform related to infrastructure,disaster mitigation and wast ewater upgrades,and an assessment of outstanding details that require clarification from the new government. Following this presentation,members discussed ongoing challenges they have faced while trying to access federal infrastructure funding for their communities.The idea of a mentorship program or exchange for small communities with limited access to staff resources was proposed.Members also discussed concerns related to existing provincial funding mechanisms under BCF that are functioning well,and the possibility that they could change under the new government. The Forum received an update on rural-specific programming at the annual conference. Forum members discussed potential opportunities for a rural-specific programming stream and an expanded Rural Forum session at the 2016 Annual Conference,along with a rural- specific plenary session at the 2017 Annual Conference.These initiatives were welcomed by members and a small ad-hoc advisory group was struck to help advise FCM staff as they move forward with this work. The Chair and FCM staff then updated the Forum on FCM’s advocacy on federal programs serving small communities,and potential advocacy opportunities with the new government. FORUM RECOMMENDATION: The Standing Committee recommends that this report be received. Council Meeting Agenda Tuesday,December 8,2015 Item 7 Page -9 -233 - FCM Report to Council –November 2015 Page 9 of 16 REPORT OF THE MEETING OF THE STANDING COMMITTEE ON COMMUNITY SAFETY AND CRIME PREVENTION SUMMARY OF DISCUSSION Chair Goulden opened the meeting by welcoming the Committee to Ottawa and introducing the Vice-Chairs,président Roger Doiron,Association francophone des municipalités du Nouveau-Brunswick.and conseillère Marie-Eve Brunet,.from the Ville de Montréal. The Committee received an overview of the commitments that the main federal parties made during the election related to community safety and crime prevention.The Committee heard that the Liberal government made commitments on policing and crime prevention, emergency management and mental health.FCM has begun working with the new Minister of Public Safety to ensure that municipal perspectives are incorporated into program design and implementation. Following the report on the transition strategy,the Committee emphasize d the need for increased mental health services in communities of all sizes.Committee members raised examples of where mental health crises services have reduced local police costs and improved health and safety outcomes.The Committee identified that Joint Emergency Preparedness Program (JEPP)funding must be restored along with the Liberal commitment to restore the Heavy Urban Search and Rescue (HUSAR)program.The Committee also raised the importance of emergency service interoperability and ensuring that the cost of achieving interoperability is not downloaded to municipalities;and the need to look at municipal liability for increasing insurance costs related to Post Traumatic Stress Disorder (PTSD)amongst first responders in the future. The Committee expressed a desire to ensure that FCM continues to call on the federal government to hold a national public inquiry into the issue of missing and murdered Indigenous women and girls,which FCM’s members supported at the 2015 Annual Conference.The Committee heard that a letter was sent to the previous Minister calling for a national inquiry,and that FCM will send a letter in support of a national inquiry to the new Minister of Indigenous and Northern Affairs.Staff will also add the issue to the Committ ee’s Policy Statement,which will be reviewed at the March meeting. Members then received a report on the federal government’s recent Roundtable on Disaster Risk Reduction meetings in Calgary.The Committee heard that the new international United Nations Sendai Framework for Disaster Risk Reduction –which was adopted by the federal government last spring –includes a strong emphasis on the municipal role and will be useful in policy development going forward.The full text of the Sendai Framework will be distributed to the Committee.The Committee also heard that the federal government continues to pursue its plans to create a private residential flood insurance market.FCM will continue to monitor this development quickly as a priority for the Standing Committee on Environmental Issues and Sustainable Development. Chair Goulden provided a report on the Joint Committee on Community Corrections and thanked CSCP members who sit on the Committee for participating. Council Meeting Agenda Tuesday,December 8,2015 Item 7 Page -10 -234 - FCM Report to Council –November 2015 Page 10 of 16 Finally,Chair Goulden debriefed the Committee on the very successful meeting that FCM had with the new Minister of Public Safety and Emergency Preparedness,Ralph Goodale. The Committee heard that the new Minister was enthusiastic about working closely with FCM and ensuring that federal programs address municipal needs. STANDING COMMITTEE RECOMMENDATION: The Standing Committee recommends that this report be received. Council Meeting Agenda Tuesday,December 8,2015 Item 7 Page -11 -235 - FCM Report to Council –November 2015 Page 11 of 16 REPORT OF THE MEETING OF THE STANDING COMMITTEE ON MUNICIPAL INFRASTRUCTURE AND TRANSPORTATION POLICY SUMMARY OF DISCUSSION Committee Chair Jenelle Saskiw opened the meeting by welcoming Committee members and introducing Vice-Chairs Councillors Bob Long and David Price. Following approval of the agenda and the report of the September 2015 meeting,members were updated on the advocacy efforts of FCM leadership and staff since the last board meeting in the lead up to the next Federal Election 2015.The Committee discussed FCM’s success in securing commitments on municipal infrastructure priorities from all federal parties.Committee members expressed concerns with the NBCF’s existing intake and selection processes.Members were then provided with an overview of the key commitments included in the Liberal Party’s 2015 election platform related to infrastruct ure,public transit and wastewater upgrades,and an assessment of outstanding details that require clarification from the new government.Committee members also discussed the need to ensure federal funding is delivered for municipal projects for the 2016 c onstruction season and the need to strike the right balance between application-based and allocation-based programs. The Committee was provided an update on the roll-out of the New Building Canada Fund (NBCF),including an analysis of all funded projects as of August 2015.FCM staff discussed potential opportunities to address remaining challenges with the NBCF with the new government with the next Parliament.Members were then updated on FCM’s collaboration with its provincial/territorial partners on identifying a federal role in asset management capacity building. The Committee Chair and FCM staff then updated the Committee on the Rail Safety Working Group’s November 2015 meeting and potential opportunities to advocate for improved rail safety measures with the new government.Staff also discussed FCM’s intervention in Rogers Communications v.Ville de Chateauguay at the Supreme Court of Canada.Finally, the Chair debriefed the Committee on the very successful meeting that FCM had with the new Minister of Infrastructure and Communities,Amarjeet Sohi.The Committee heard that the new Minister was enthusiastic about working closely with FCM and ensuring that federal programs address municipal needs. STANDING COMMITTEE RECOMMENDATION: The Standing Committee recommends that this report be received. Council Meeting Agenda Tuesday,December 8,2015 Item 7 Page -12 -236 - FCM Report to Council –November 2015 Page 12 of 16 REPORT OF THE MEETING OF THE NORTHERN AND REMOTE FORUM SUMMARY OF DISCUSSION Chair Furlong began the meeting by introducing Vice-Chair President Wayne Potoroka and presenting regrets on behalf of Vice-Chair President Jeannie Ehaloak. Dan Casselman presented an overview of the northern commitments made by all parties during the federal election,highlighting commitments to the Northern Residency Tax Deduction,the Nutrition North program and improving broadband connectivity.Staff then presented a summary of the commitments made by the Liberal government on the priorities of the Northern and Remote Forum,including housing,climate resilient infrastructure,men tal health services,broadband connectivity and northern cost of living. The Forum heard that the Liberal government has committed to a National Housing Strategy that will include the construction of new affordable housing,renovation of existing housing and operating support.FCM will work with the new government to ensure that northern and remote housing needs are addressed under the strategy,including the preservation of existing federal social housing operating agreements.Forum members pointed out that the proposed GST rebate for affordable rental housing may have limited impact in northern and remote areas. There was discussion about the need to ensure that any changes to the Building Canada Fund take into consideration the unique perspectives of the north,and that any attempt to streamline the program does not delay projects unnecessarily.Forum members indicated that it will be important to ensure that the federal government continues to improve broadband connectivity in the North and remote areas.FCM will advocate the principle that broadband targets need to continually evolve with technology and service needs through the Canadian Radio-television and Telecommunications Commission (CRTC)review of basic broadband service currently underway. Forum members reported that FCM’s election campaign tools,in particular the Policy Tracker,were helpful in connecting constituents to municipal issues and engaging with federal candidates.Finally,there was an update on Pan-Territorial Strategy that is currently under development between the three territorial municipal associations. FORUM RECOMMENDATION: The Northern and Remote Forum recommends that this report be received. Council Meeting Agenda Tuesday,December 8,2015 Item 7 Page -13 -237 - FCM Report to Council –November 2015 Page 13 of 16 REPORT OF THE MEETING OF THE STANDING COMMITTEE ON INCREASING WOMEN’S PARTICIPATION IN MUNICIPAL GOVERNMENT SUMMARY OF DISCUSSION Standing Committee Chair Chris Fonseca,Regional Councillor,Region of Peel,ON, welcomed Committee members,observers and staff to the meeting,and made specific reference to Vice-Chairs Irene Dawson and Barbara Steele and newly-hired program officer Mai Ngo. Following approval of the agenda and the report from the September 2015 board meeting, Councillor Fonseca invited Megan Stanley,Government and Relations Officer,to provide an update on Campaign 2015 as it relates to the Committee’s mandate.Following Megan’s update,Chair Fonseca shared that she recently spoke with Councillor Lynda Rydholm from Thunder Bay,ON,who shared that newly-elected Minister for Status of Women Patty Hajdu attended one of FCM’s campaign schools in Thunder Bay which inspired her to run for political office. Next,Vice-Chairs Irene Dawson and Barbara Steele provided update reports on the following 2015-16 Committee-specific priorities: 1.Long-term program funding and Diverse Voices for Change Initiative 2.Regional Champions 3.The Promotion and Administration of the Women in Local Government and Andrée P. Boucher Scholarships FCM 3rd Vice-President Sylvie Goneau provided an update on the last Committee priority - international partnerships on gender-related programs.In relation to the scholarships,Chair Fonseca stressed the importance of both Committee members and the broader FCM board in making a final push in promoting the scholarships in their own communities. Following approval of the update reports,Councillor Fonseca introduced Suzanne Doerge, executive director from the City for All Women Initiative (CAWI)to share key outcomes from their Equity and Inclusion in Our Cities initiative.This project engaged 5 cities across Canada to advance equity and inclusion in local decision making.Ms.Doerge highlighted important learnings and implications to inform the Committee as it develops its new Diverse Voices for Change Initiative.A question and answer period then followed the presentation. Under other business,Councillor Jeff Coffman from Lethbridge,AB,brought forward a potential motion for discussion.Related to approaching the Canada Revenue Agency about creating a child care tax credit to qualifying candidates who campaign in municipal elections, staff was directed to undertake analysis and come back to the Committee with a recommendation in March. Also under other business,Councillor Marie-Ève Brunet from the City of Montreal provided an overview of a presentation on work-life balance for elected parents and caregivers that she developed through a municipal committee in Montreal.She discussed her own experience as an elected official who became a new parent.The City of Montreal has come Council Meeting Agenda Tuesday,December 8,2015 Item 7 Page -14 -238 - FCM Report to Council –November 2015 Page 14 of 16 up with concrete recommendations for elected officials to take parental leave without penalty. Councillor Fonseca recommended the document be translated and circulated to the Standing Committee before the March meeting,with a more in-depth presentation and discussion to occur at that meeting. The Chair then thanked Committee members,staff and guest speakers for their engagement and participation in the meeting,and drew the meeting to a close. STANDING COMMITTEE RECOMMENDATIONS: The Standing Committee recommends: 1.That staff be directed to undertake research and provide a recommendation at the March board meeting on whether or not FCM should approach the Canadian Revenue Agency on the need for a child care tax credit to be issued to qualifying candidates who campaign in municipal elections;and 2.That this report be received. Council Meeting Agenda Tuesday,December 8,2015 Item 7 Page -15 -239 - FCM Report to Council –November 2015 Page 15 of 16 REPORT THE MEETING OF THE STANDING COMMITTEE ON INTERNATIONAL RELATIONS SUMMARY OF DISCUSSION Chair Roger Anderson welcomed Committee members and asked Sebastien Hamel,Senior Director,to introduce FCM International (FCMI).The members approved the agenda and the minutes from the September 2015 Board of Directors’meeting in Fredericton.The Chair delivered a report on FCM’s current international programs and business development opportunities.He highlighted the closure of FCM’s 5-year partnership program of Municipal Partners for Economic Development (MPED)and the compendium of best practices developed through the demonstration projects;as well as programming opportunities in asset management,democratic governance,and improvement to public services. The Committee received an overview of FCM’s analysis of the priorities of the Government of Canada.FCM staff highlighted the main issues in the Liberal Party of Canada platform related to the Standing Committee,such as official development assistance,international engagement in multilateral discussions,climate change,and international trade.In the coming months,through the Joint Working Group of FCM-Government of Canada strategic partnership,FCM will meet with Global Affairs Canada,formerly the Department of Foreign Affairs Trade and Development,representatives to discuss areas of shared interest and explore opportunities to strengthen Canada’s role in the world through programming at the local level.An introductory meeting with the Minister of International Development and La Francophonie is organized during the board meeting.The FCM representatives will highlight examples of FCM’s international programming and to reiterate the importance of the strategic partnership with the Government of Canada on development cooperation. In September,during its General Assembly,the United Nations (UN)adopted a universal set of goals,known as the Sustainable Development Goals,to guide development from 2015-30. Local governments have been actively involved in the development of the SDGs and have called on the inclusion of a goal on urban settlements and the localization of the targets and indicators.International municipal organizations have made great progress to promote the important role of local governments in international discussions on topics such as disaster risk reduction,climate change and urban settlements.As this is a universal agenda,all UN Member States,including Canada,are asked to implement the goals in their country context. The Committee agreed to establish the a task group to explore opportunities to implement the goals in their municipalities and inform their citizens. Madame Pauline Quinlan provided Committee members with an update on FCM’s participation at the Conference of Parities (COP21)climate change negotiations in Paris, France in December 2015.The goal of the negotiations is to achieve a legally binding and universal agreement on climate,with the aim of keeping global warming below 2 degrees. FCM’s objectives for the mission include support to its international partners in promoting the role of local governments in addressing climate change and environmental sustainability; showcase the local government leadership on climate change across Canada and the value of FCM’s Green Municipal Fund and its Partners for Climate Protection Program as a vehicle for sustainable development and emission reductions;and promotion to the Government of Canada of the integral role of local governments in achieving national climate related goals. A delegation from FCM,led by the FCM President,will participate in COP21 to represent Council Meeting Agenda Tuesday,December 8,2015 Item 7 Page -16 -240 - FCM Report to Council –November 2015 Page 16 of 16 Canadian municipalities and showcase its climate change programs,such as the Partners for Climate Protection and the Green Municipal Fund. The Committee received an update on the Syrian Refugee Taskforce by FCM staff,Leanne Holt.The taskforce has been in regular contact with bureaucrats at Immigration,Refugees and Citizenship Canada to stay abreast of Canada’s commitment to welcome refugees.FCM President will send a letter to the Minister of Immigration,Refugees and Citizenship to summarize their recent meeting and to reiterate FCM’s commitment to working with the government to address the humanitarian crisis unfolding in Syria. STANDING COMMITTEE RECOMMENDATION: The Standing Committee recommends that this report be received Council Meeting Agenda Tuesday,December 8,2015 Item 7 Page -17 -241 - NOTICE OF MOTION Councillor Tom Mrakas Date:December 8,2015 To:Mayor and Members of Council From:Councillor Mrakas Re:Ontario Municipal Board Jurisdiction WHEREAS the Town of Aurora spends an incredible amount of resources and taxpayer money developing an Official Plan;and WHEREAS the Town’s Official Plan is ultimately approved by the Province;and WHEREAS it is within the legislative purview of Municipal Council to approve Official Plan amendments or Zoning By-law changes that better the community or fit within the vision of the Town of Aurora Official Plan;and WHEREAS it is also within the legislative purview of Municipal Council to deny Official Plan amendments or Zoning By-law changes that do not better the community or do not fit within the vision of the Town of Aurora Official Plan;and WHEREAS planning decisions may be appealed to the Ontario Municipal Board (“OMB”),an unelected,appointed body that is not accountable to the residents of Aurora;and WHEREAS appeals of OMB decisions are limited to questions of law,not the findings of facts in a case;and WHEREAS all decisions—save planning decisions—made by Municipal Council are similarly only subject to appeal by judicial review and such appeals are limited to questions of law; NOW THEREFORE BE IT HEREBY RESOLVED THAT Aurora Town Council requests the Government of Ontario to limit the jurisdiction of the OMB to questions of law or process;and BE IT FURTHER RESOLVED THAT that the Government of Ontario be requested to require the OMB to uphold any planning decisions of Municipal Councils unless they are contrary to the processes and rules set out in legislation;and Council Meeting Agenda Tuesday,December 8,2015 Notice of Motion (a)Page -1 -242 - December 8,2015 Notice of Motion Page 2 of 2 Ontario Municipal Board Jurisdiction BE IT FURTHER RESOLVED THAT a copy of this Motion be sent to the Honourable Kathleen Wynne,Premier of Ontario,the Honourable Ted McMeekin,Minister of Municipal Affairs and Housing,the Honourable Patrick Brown,Leader of the Progressive Conservative Party,the Honourable Andrea Horwath,Leader of the New Democratic Party,and all MPPs in the Province of Ontario;and BE IT FURTHER RESOLVED THAT a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO)and all Ontario municipalities for their consideration. Council Meeting Agenda Tuesday,December 8,2015 Notice of Motion (a)Page -2 -243 - NOTICE OF MOTION Councillor Jeff Thom Date:December 8,2015 To:Mayor and Members of Council From:Councillor Thom Re:Facility Sponsorship and Advertising WHEREAS the Town of Aurora has considerable assets for facility sponsorship and advertising;and WHEREAS it is important that the Town of Aurora both realize and use these assets as a source to generate non-tax revenue;and WHEREAS generating increased non-tax revenue from facility sponsorship and advertising will offset facility operating costs and relieve tax pressures on the operating budget;and NOW THEREFORE BE IT HEREBY RESOLVED THAT Council direct staff to bring forward a report on the following: •The assessment and inventory of our current facility sponsorship and advertising assets; •The assessment and inventory on any potential facility sponsorship and advertising opportunities; •Best practices for facility sponsorship and advertising strategies from other Ontario municipalities (e.g.,City of Oshawa,Town of Whitby,City of Ottawa); and •Recommendations for an enhanced facility sponsorship and advertising strategy for the Town of Aurora;and BE IT FURTHER RESOLVED THAT the report be brought forward to Council before the beginning of the 2017 budget deliberations. Council Meeting Agenda Tuesday,December 8,2015 Notice of Motion (b)Page -1 -244 - NOTICE OF MOTION Mayor Geoffrey Dawe Date:December 8,2015 To:Members of Council From:Mayor Dawe Re:Provision of an Indoor Tennis Facility at Stewart Burnett Park WHEREAS Council Members and staff have heard from various parties and residents regarding the upcoming closing of Timberlane Athletic Club,and the continued desire for a year-round,indoor tennis facility to serve the community;and WHEREAS in December 2013,the Town issued a request for proposals (RFP)for the design,build,operation,and financing of an all-season,multi-purpose tennis facility at Stewart Burnett Park,adjacent to the Stronach Aurora Recreation Complex;and WHEREAS the results of the RFP were reported to Council in April 2014 and Council referred the matter back to staff for a report on options regarding a non-air supported (i.e.,rigid structure),all-season,multi-purpose tennis facility;and WHEREAS the requested staff report presented to Council in September 2014 was received by Council for information;and WHEREAS consideration of providing an indoor tennis facility to serve the community has remained in abeyance for more than a year,with an RFP process that began more than two years ago,and any further consideration of this matter requires that Council receive a more detailed report from staff; NOW THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to bring forward a report to the next General Committee meeting that provides further information on the provision of an indoor tennis facility to serve the community,including the history and previous directions from Council,together with advice on what Council needs to do to move this matter forward. Council Meeting Agenda Tuesday,December 8,2015 Notice of Motion (c)Page -1 -245 - NOTICE OF MOTION Councillor Tom Mrakas Date:December 8,2015 To:Mayor and Members of Council From:Councillor Mrakas Re:Blue Dot Campaign WHEREAS the Town of Aurora understands that people are part of the environment, and that a healthy environment is inextricably linked to the well-being of our community; and WHEREAS as the Town updates its Corporate Environmental Action Plan,it will consider and have regard for the environmental consideration of the Blue Dot Campaign;and WHEREAS the Town,as an environmental steward,respects,protects,fulfills and promotes rights for the benefit of existing and future generations;and WHEREAS the Town is committed to supporting the protection,enhancement and restoration of the environment by fostering education and outreach,collaborating through partnerships,supporting the development of connected communities and reporting progress towards reaching goals; NOW THEREFORE BE IT HEREBY RESOLVED THAT the Town of Aurora finds and declares that: 1.All people have the right to live in a healthy environment,including: a)The right to breathe clean air; b)The right to drink clean water; c)The right to consume safe food; d)The right to access nature; e)The right to know about pollutants and contaminants released into the local environment;and f)The right to participate in decision-making that will affect the environment. Council Meeting Agenda Tuesday,December 8,2015 Notice of Motion (d)Page -1 -246 - December 8,2015 Notice of Motion Page 2 of 2 Blue Dot Campaign 2.The Town of Aurora has the responsibility,within its jurisdiction,to respect, protect,fulfill and promote these rights. 3.The Town of Aurora shall specify objectives,targets and timelines and actions the Town will take,within its jurisdiction,to fulfill residents’right to a healthy environment,including priority actions to: a)Ensure infrastructure and development projects protect the environment, including air quality; b)Address climate change by reducing greenhouse gas emissions and implementing adaptation measures; c)Responsibly increase density; d)Prioritize walking,cycling and public transit as preferred modes of transportation; e)Reduce solid waste and promote recycling and composting;and f)Establish and maintain accessible green spaces in all residential neighbourhoods;and BE IT FURTHER RESOLVED THAT the Town of Aurora shall forward a copy of this declaration to the provincial government,federal government,the Association of Ontario Municipalities (AMO),and the Federation of Canadian Municipalities (FCM)to show support for recognizing the right of all people to live in a healthy environment. Council Meeting Agenda Tuesday,December 8,2015 Notice of Motion (d)Page -2 -247 - MOTION FOR WHICH NOTICE HAS BEEN GIVEN (November 17,2015)Councillor John Abel Date:November 24,2015 To:Mayor and Members of Council From:Councillor Abel Re:Regional GO Transit Shuttle WHEREAS the Aurora GO station has a commuter parking building and surface lot,and those facilities are full almost every business day;and WHEREAS GO Transit commuters often park at the Town Park and on local residential streets;and WHEREAS the Town wants to restrict GO Transit commuter parking at the Town Park; and WHEREAS the number of cars in the very congested Wellington Corridor around the GO station will likely increase;and WHEREAS commuters should be encouraged to use T ransit to get to the GO station and refrain from driving their cars to eliminate traffic congestion and greenhouse gas emissions;and WHEREAS the Province of Ontario has recently announced an increase in Provincial Gas Tax contributions to municipalities exclusively for transit initiatives,with the Region of York receiving an additional $15 million;and WHEREAS the Region of York is responsible for providing tr ansit within the Town of Aurora; NOW THEREFORE BE IT HEREBY RESOLVED THAT the Region of York ("the Region")be requested to use the increased provincial funding to develop and implement a pilot rapid,dedicated,intensified,innovative GO Station Shuttle Service,to encourage residents to use Public Transit to travel to and from the GO Statio n;and BE IT FURTHER RESOLVED THAT the Region be requested to consult with the Town of Aurora on the development of the pilot GO Station Shuttle Service;and Council Meeting Agenda Tuesday,December 8,2015 Motion (a)Page -1 -248 - Motion for Which Notice Has Been Given November 24,2015 -2 -Regional GO Transit Shuttle BE IT FURTHER RESOLVED THAT Metrolinx be requested to discourage commuters from driving to the Aurora Go Station by charging a nominal parking fee,and that revenue from the parking fees be used to fund the rapid,dedicated,intensified, innovative GO Station Shuttle Service;and BE IT FURTHER RESOLVED THAT the Region be requested to support the Town's request that Metrolinx implement a nominal parking fee for the Aurora GO Station,and that the revenue from the parking fees be used to fund the rapid,dedicated,intensified, innovative GO Station Shuttle Service. Council Meeting Agenda Tuesday,December 8,2015 Motion (a)Page -2 -249 - MOTION FOR WHICH NOTICE HAS BEEN GIVEN (November 17,2015)Councillor John Abel Date:November 24,2015 To:Mayor and Members of Council From:Councillor Abel Re:Temperance Street Cultural Precinct WHEREAS the Aurora Promenade Urban Design Strategy sets out eight overarching strategies highlighting key aspects that will shape the future of the Aurora Promenade; and WHEREAS these strategies are important “big moves”that will help achieve long-term planning and urban design objectives;and WHEREAS the establishment of a Cultural Precinct(s)is identified within the Aurora Promenade Concept Plan as a priority action and one of the key strategies for the revitalization of the downtown core;and WHEREAS the Cultural Precinct Study approved by Council in September 2015 is a specific area bounded on the east side of Yonge Street,and WHEREAS there is an area,bounded by Yonge Street to the east,Mill Street to the west,Wellington Street to the north,and Tyler Street to the south,with many significant Historic buildings and buildings of Heritage value which could be considered the Cultural Precinct West or the "Temperance Street Cultural Precinct"and could benefit from a study for the same reasons; NOW THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to conduct a Request for Proposal ("RFP")to engage a design firm to establish a Vision and Conceptual Plan for the Temperance Street Cultural Precinct area;and BE IT FURTHER RESOLVED THAT the final report and conceptual plan for the Temperance Street Cultural Precinct area be presented to Council for consideration in the first quarter of 2016;and BE IT FURTHER RESOLVED THAT upon completion of the RFP process,staff report back on the outcomes and any required budget consideration. Council Meeting Agenda Tuesday,December 8,2015 Motion (b)Page -1 -250 - MEMORANDUM DATE:December 8,2015 TO:Members of Council FROM:Mayor Geoffrey Dawe RE:York Regional Council Highlights ~November 19,2015 ~ RECOMMENDATION THAT Council: Receive the correspondence for information Endorse the recommendations Provide direction Town of Aurora Office of the Mayor Council Meeting Agenda Tuesday,December 8,2015 Regional Report Page -1 -251 - Friday,November 20,2015 York Regional Council –November 19,2015 York Regional Council refers election of Regional Chair to February 18,2016 meeting York Regional Council referred the matter of publicly electing the position of Regional Chair by general vote to the February 18,2016 meeting and asked staff to bring a report to Council on the experience in other regions. Regional Council also asked staff to bring back a report to the February 18,2016 meeting on undertaking a comprehensive review of governance in York Region and propose a Terms of Reference for a study. Regional Council was responding to a motion by City of Markham Regional Councillor Joe Li to support the election of the Regional Chair as proposed by Bill 42,a private member’s bill in the Ontario Legislature to amend the Municipal Act in this regard.Bill 42 seeks to require the Regional Chair to be elected by a general vote beginning in the next municipal election in October 2018. Since York Region was established in 1971,the Regional Chair has been elected by members of Regional Council.In 2012,a similar motion was defeated by Council in favour of retaining the status quo. 2016 Multi-year budget tabled for Committee of the Whole review Finance Commissioner and Regional Treasurer Bill Hughes tabled the 2016 to 2018 budget at York Regional Council.This is the second year of a multi-year budget first introduced last year and includes the budget for 2016 as well as an outlook for 2017 and 2018,the remaining years of the term of the current Council. For 2016,the proposed $2.8 billion budget includes total operating spending of $1.987 billion and $783 million in capital.The budget also proposes a tax levy Council Meeting Agenda Tuesday,December 8,2015 Regional Report Page -2 -252 - increase of 2.85 per cent for 2016.This is equivalent to $63 on the average residential property tax bill. A multi-year budget offers several advantages: Better co-ordination of budgeting and strategic priorities Greater certainty for departments in managing expenditures Stronger commitment to long-term financial strategies The proposed 2016 to 2018 budget will be reviewed at the Committee of the Whole meetings on November 26,December 3 and December 10.The proposed budget is scheduled to be forwarded to Council for approval at the Regional Council meeting on December 17. York Regional Council continues with three task forces The Regional Municipality of York continues with three task forces to deal with vital priorities.Each task force has met and work is underway.The Chairs and Vice- Chairs of the task forces are as follows: Broadband Advisory Task Force Chair -Town of Newmarket Mayor Tony Van Bynen Vice-Chair -City of Markham Regional Councillor Joe Li Seniors Strategy Task Force Chair -City of Vaughan Regional Councillor Mario Ferri Vice-Chair -Town of Richmond Hill Regional Councillor Brenda Hogg Transportation Master Plan Task Force Chair -York Region Chairman and CEO Wayne Emmerson Vice-Chair -City of Markham Regional Councillor Jim Jones Council Meeting Agenda Tuesday,December 8,2015 Regional Report Page -3 -253 - York Region rapidway cited as Number Two on Top 10 Roads list for 2015 Roads and Bridges magazine has named Viva’s Highway 7 East rapidway project the second-best project in North America in its list of Top 10 Roads for 2015. The Highway 7 East project was recognized as a multi-modal “complete street” throughway.The trade magazine highlighted the operational technology,the red- pigmented pavement,bike lanes and sidewalk landscaping. The rapidway project has transformed Highway 7.The street has changed from being a highway with gravel shoulders to being an attractive and safe place to walk,cycle,drive or ride Viva.The project includes updated utilities and helps set the stage for new developments along this important road. York Region recognized as environmental champion The Regional Municipality of York received two awards by Lake Simcoe Region Conservation Authority. The Pioneering Green Communities Award recognized York Region and its partners for the Rain Garden Demonstration Project in De La Salle Park in the Town of Georgina.This initiative shows residents how to achieve an enviable garden while conserving water and improving the water quality of Lake Simcoe. York Region also received a Media Recognition Award for Water Is,a comprehensive,multi-media communication program to increase public awareness about the importance and value of water. The mission of the Lake Simcoe Region Conservation Authority is to provide leadership in the protection and restoration of the environmental health and quality of Lake Simcoe and its watershed with their community,municipality and other government partners. Council Meeting Agenda Tuesday,December 8,2015 Regional Report Page -4 -254 - York Region wins top international award for exemplary systems in government York Region received the 2015 Urban and Regional Information Systems Association (URISA)Exemplary Systems in Government Award.This award is considered the most prestigious recognition available in the international field of Geographic Information Services (GIS). York Region’s Boldly Know:Enterprise GIS demonstrates the commitment to assisting partners,residents and staff to access and use information quickly and efficiently.It outlines how the focus on data,partnership and ease-of-use have led to remarkable results in the delivery of timely services to residents and businesses. URISA is a non-profit association whose members use GIS and other information technologies to solve challenges at all levels of government.The use of spatial information and technology aids professionals in the understanding and management of urban and regional systems. York Region receives Ontario Accessibility Award from Excellence Canada Excellence Canada recognized The Regional Municipality of York with the 2015 Ontario Accessibility Award for meeting and exceeding the legislated standards of the Accessibility for Ontarians with Disabilities Act. This prestigious recognition from People Access,a division of Excellence Canada, supports York Region’s commitment to going above and beyond the basic compliance of the AODA to provide excellent accommodation for people with disabilities. Learn more about the York Region Multi-Year Accessibility Plan Council Meeting Agenda Tuesday,December 8,2015 Regional Report Page -5 -255 - Society for the Preservation of Historic Thornhill presents plaque to express gratitude City of Markham Mayor Frank Scarpitti presented a plaque to York Region Chairman and CEO Wayne Emmerson on behalf of the Society for the Preservation of Historic Thornhill expressing gratitude for York Region’s assistance with the recent Thornhill Festival. York Region receives Distinguished Budget Award Finance Commissioner and Regional Treasurer Bill Hughes reported the Government Finance Officers Association (GFOA)has recognized The Regional Municipality of York with the Distinguished Budget Presentation Award. This marks the 11th consecutive year York Region has received this award for preparing high quality budget documents that meet the best practices set out by the GFOA. York Region residents invited to nominate candidates for Public Heroes in the GTA award York Regional Council received a presentation by the Intercultural Dialogue Institute of the Greater Toronto Area regarding its annual Public Heroes award. Residents are welcome to nominate a public hero who is involved in emergency- public safety services such as policing,emergency medical services or fire services.The nominees may include members of the Royal Canadian Mounted Police,the Ontario Provincial Police,Provincial Corrections Services and Ornge, Ontario’s air ambulance service. Members of York Regional Police and York Region Paramedic Services are eligible to receive this award. The qualities sought in a nominee include Dedication,Commitment to the Community and Altruism.The program seeks to find a public hero who is not the Council Meeting Agenda Tuesday,December 8,2015 Regional Report Page -6 -256 - traditional definition of a hero but someone who is community-oriented. To nominate someone or learn more about the award,please visit publicheroes.org Update on the appointment of an ombudsman York Regional Council today received an update on the review of options for the appointment of a council-appointed ombudsman.To date,consultation with the local municipalities and a Request for Information have been completed to better understand the possibility of appointing a municipal Ombudsman that can support both The Regional Municipality of York and participating local municipalities, should they choose. Following the results of these two processes and in accordance with corporate purchasing requirements,a Request for Proposal (RFQ)was issued by York Region.Closing November 19,the RFQ includes the option for local municipalities to appoint the selected proponent at a later date under a cooperative purchasing agreement.Staff will report back to council in December on the terms of appointment and proposed costs. Recent changes to the Ombudsman Act expanded the role of Ombudsman to the municipal sector and will come into effect January 1,2016.The Ombudsman is an independent officer of Parliament with responsibility to investigate the actions of public authorities including State Government departments,prisons,hospitals, schools and technical colleges,local governments and public universities. York Regional Council amends corridor control permit fees York Regional Council has amended the Corridor and Control Permit Fees to better reflect actual costs of the process,including adding two new fees for road and peak hour lane closures and pavement deterioration. The road and peak hour lane closures fee will recover costs to support real-time Council Meeting Agenda Tuesday,December 8,2015 Regional Report Page -7 -257 - monitoring and signage,as well as help offset the cost of operating and maintaining the Regional road network.The pavement deterioration repair fee will help recover costs for rehabilitation of premature road wear.Charitable events will continue to be exempt from Corridor Control Permit Fees. Distribution of raw milk an ongoing public health concern The Regional Municipality of York received notice from the Ontario Medical Officer of Health outlining the public health risk of consuming contaminated raw milk. Raw milk and raw milk products can contain harmful bacteria that can cause serious illness or death.The risk is particularly high for young children (under age 5)who may experience more severe side effects. The sale and distribution of unpasteurized milk and milk products is prohibited under the Health Protection and Promotion Act (HPPA),the Milk Act (MA)and the federal Food and Drug Act.York Region Public Health is responsible for enforcing this legislation within the community,and inspectors work closely with the Ontario Ministry of Agriculture,Food and Rural Affairs to investigate the possible sale and distribution of raw milk products in the Region. The strong partnership and collaboration between York Region and the Ontario Government helps to ensure the protection of public health in our communities and across the province. York Regional Council approves revised load restrictions York Regional Council approved revisions to load restrictions on certain Regional roads.Load restrictions are implemented to minimize damage on roads that are not designed or constructed to accommodate increased loads from heavy commercial vehicles. Please visit the Load Restriction Revisions report for more information. Council Meeting Agenda Tuesday,December 8,2015 Regional Report Page -8 -258 - York Region agreement with TransCanada Pipelines protects Regional interests York Regional Council approved a crossing agreement with TransCanada Pipelines Limited for the King’s North Connection Pipeline Project and future pipeline projects.The crossing agreement will ensure York Region interests are protected and the pipeline does not interfere with the Region’s right-of-way. TransCanada must ensure the pipeline is constructed in accordance with the applicable environmental,health and safety standards set by the National Energy Board. Transportation study recommends enhancements to Yonge and Steeles area York Regional Council approved the Yonge and Steeles Area Regional Transportation Study The study recommends enhancements to improve opportunities for travellers walking,cycling and using transit,including preparation for the extension of the Yonge subway to Richmond Hill Centre,a key priority for York Region.The subway extension will play an important role in accommodating existing and future transportation and transit demand. The study was conducted in partnership with the City of Markham,City of Vaughan and in coordination with the City of Toronto. Implementation of this study will inform both future Regional initiatives,such as the Transportation Master Plan,plus local studies and secondary plans. York Regional Council approves new fees to process development applications York Regional Council approved an updated fee structure for processing development applications effective January 1,2016. Council Meeting Agenda Tuesday,December 8,2015 Regional Report Page -9 -259 - The overall fee structure and associated fees were last updated in 2011.Pursuant to the Planning Act,The Regional Municipality of York collects fees for the review and approval of applications intended to aid in the improvement of efficiencies to identify new business approaches. York Regional Council directs staff to study growth scenarios further York Regional Council received York Region 2041 Preferred Growth Scenario,a staff report outlining population,employment and land budget forecasts for York Region.The report outlined preferred growth scenarios,including a 45-per cent intensification target that would support the Region’s investments in transit and its centres and corridors urban structure,as outlined in the Regional Official Plan. York Regional Council agreed greater consideration needs to be given to a 40-per cent intensification scenario and directed staff to compare the impacts of both a 40 and a 45-per cent intensification growth scenario,including the housing market. A comparative analysis of these two growth scenarios will be presented to Council next year as part of the Region’s mandatory Municipal Comprehensive Review of the Regional Official Plan.Council will determine a final growth scenario to show how it will conform to the population and employment forecasts required by Amendment 2 to Ontario’s Growth Plan for the Greater Golden Horseshoe,which forecasts a population of 1.79 million and 900,000 jobs for York Region by 2041. York Region Open Data includes more than 100 datasets York Regional Council received a report on the Region’s Open Data program that includes 125 government-collected data sets available for download. Open Data refers to the release of data or statistics without charge through online data catalogues to the public which can be used in new and innovative ways. York Region’s data is already being used in a variety of ways,including: Council Meeting Agenda Tuesday,December 8,2015 Regional Report Page -10 -260 - food and restaurant inspections available on Yelp,a business-search tool that publishes crowd-sourced reviews of restaurantsMap data for athletes during the 2015 PanAm and Para PanAm Games Road network,solid waste facilities and map layers used as a source to update Google Maps Road data used by RouteMatch,a third-party application for York Region’s Mobility Plus trip planning Road data used by TomTom,an international navigation company,to research and resolve issues reported by customers Over the next three years,York Region has planned Open Data releases that focus on datasets of known or demonstrated value.To view York Region’s Open Data,please visit york.ca/opendata Council approves renaming of York Region Paramedic Services York Regional Council has approved the renaming of York Regional Emergency Medical Services to York Region Paramedic Services. York Region Paramedic Services more closely represents the range of services provided by the Region’s paramedics.It also aligns with other paramedic services and associations across Ontario. A new logo design will accompany the name change and will be phased in as regular life-cycle replacements are made for York Region Paramedic station signs, ambulances and fleet vehicles,uniforms and other communication materials.By phasing in these changes,York Region Paramedic Services are able to keep costs within their existing budget. The name change does not affect paramedic service delivery.Residents and visitors should continue to call 911 for emergency calls. Council Meeting Agenda Tuesday,December 8,2015 Regional Report Page -11 -261 - Creating meaningful change across York Region York Regional Council has endorsed Making Ends Meet in York Region:A Road Map for 2015 to 2018,which outlines the Human Services Planning Board of York Region’s (HSPB-YR)direction for the next three years. The 2015 to 2018 road map renews and refocuses the board’s previous commitment in addressing economic vulnerability while paving a path for an even better York Region where: Housing options are plentiful,affordable and safe for all income levels and life stages Jobs match education,skill level and ability Income keeps pace with the cost of living To read Making Ends Meet in York Region:A Road Map for 2015 to 2018 and for more information on the Human Services Planning Board,visit York.ca/HSPB Raising the bar on accessibility York Regional Council has approved the York Region 2015-2021 Multi-year Accessibility Plan –Review and Update.This document outlines how to meet the Accessibility for Ontarians with Disabilities Act,2005 (AODA)requirements for the next four years and reaffirms the Region’s commitment to meet the accessibility needs of people with disabilities. The Region’s Multi-Year Accessibility Plan is a requirement under the AODA.The 2015-2021 plan builds on previous accomplishments and outlines York Region’s long-term strategy to improve accessibility within programs,goods,services and facilities.For more information visit york.ca/accessibilityplanning York Region invests $5.5 million in human services York Regional Council today approved an investment of $5.5 million to be distributed to 52 one-year and multi-year projects in 2016 through the Community Investment Strategy. Council Meeting Agenda Tuesday,December 8,2015 Regional Report Page -12 -262 - The projects presented to Council address human services gaps by providing low and moderate-income residents with access to community supports that help stabilize their lives.Aligning with the Strategy’s Community Results,the projects funded will contribute to community health,economic independence,housing stability and social inclusion. Funding for these projects is a direct investment in York Region residents and builds on 12 years of community investment experience.A full list of the 2016 projects supported through the York Region Community Investment Strategy will be posted on York.ca/CIS in early 2016. To learn more about York Region’s role in supporting community agencies,watch the Community Investment Strategy Video Invasive species on the move across York Region York Regional Council received the Invasive Species Update,highlighting the management of the emerald ash borer and other invasive species working their way across the Region,as well as the plans in place to slow down their spread. Continuing the direction set out in the Emerald Ash Borer Management Plan approved by York Regional Council in 2011,York Region monitors the spread of the insect,removes and replaces street trees and works to lessen the impact on forests across York Region.In some instances,biological control is the front line of defense,which involves the controlled release of natural predators,such as insects from a pests’native range,to control the target pest population. In addition to invasive insects,invasive plants like giant hogweed and wild parsnip affect residents and natural habitats.To control their growth on Regional roads and in the York Regional Forest,staff continues to map the location of the plants and take steps to manage their coverage. Council Meeting Agenda Tuesday,December 8,2015 Regional Report Page -13 -263 - York Region plans and builds for growth York Regional Council received the Environmental Services Capital Infrastructure Status Update,which provides details on the current stage of key infrastructure projects and information on the status of the capital program.This complex program consists of more than 140 projects,including: Duffin Creek Plant Stage 1&2 upgrades -$241 million York Durham Sewage System connection to Queensville Holland Landing Sharon -$114 million Kennedy Road Watermain -$75 million Leslie Street Sewage Pumping Station -$31 million Humber Sewage Pumping Station electrical upgrades -$3 million Over the next 10 years,York Region is on track to deliver $2.3 billion in environmental infrastructure across all nine area municipalities.As York Region’s population grows,the water and wastewater system must be able to accommodate increasing numbers.Priority projects are identified and the timing of these projects is aligned to deliver the required capacity to service growth. Next regular meeting of York Regional Council York Regional Council will meet on Thursday,December 17,2015 at 9:30 a.m.in the York Region Administrative Centre Council Chambers,located at 17250 Yonge Street in the Town of Newmarket. Compiled by: Tim Paleczny,Corporate Communications The Regional Municipality of York 1-877-464-9675,ext.71238 Cell:905 251-6413 Council Meeting Agenda Tuesday,December 8,2015 Regional Report Page -14 -264 - Council Meeting Agenda Tuesday,December 8,2015 By-law No.5783-15 Page -1 -265 - Council Meeting Agenda Tuesday,December 8,2015 By-law No.5783-15 Page -2 -266 - Council Meeting Agenda Tuesday,December 8,2015 By-law No.5784-15 Page -1 -267 - Council Meeting Agenda Tuesday,December 8,2015 By-law No.5784-15 Page -2 -268 - Council Meeting Agenda Tuesday,December 8,2015 By-law No.5786-15 Page -1 -269 - Council Meeting Agenda Tuesday,December 8,2015 By-law No.5786-15 Page -2 -270 - Council Meeting Agenda Tuesday,December 8,2015 By-law No.5788-15 Page -1 -271 - Council Meeting Agenda Tuesday,December 8,2015 By-law No.5792-15 Page -1 -272 - Council Meeting Agenda Tuesday,December 8,2015 By-law No.5795-15 Page -1 -273 - Council Meeting Agenda Tuesday,December 8,2015 By-law No.5795-15 Page -2 -274 - Council Meeting Agenda Tuesday,December 8,2015 By-law No.5795-15 Page -3 -275 - Council Meeting Agenda Tuesday,December 8,2015 By-law No.5794-15 Page -1 -276 -