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AGENDA - Council - 20170711 Council Meeting Agenda Tuesday, July 11, 2017 7 p.m. Council Chambers Aurora Town Hall Public Release July 7, 2017 Town of Aurora Council Meeting Agenda Tuesday, July 11, 2017 7 p.m., Council Chambers 1. Approval of the Agenda Recommended: That the agenda as circulated by Legislative Services be approved. 2. Declarations of Pecuniary Interest and General Nature Thereof 3. Presentations (a) Alan Dean, Sport Aurora Re: Sport Aurora School Athletes of the Year (b) Julie Stephenson, Youth Programmer, and Gregory Peri, Youth and Community Development Coordinator, Parks, Recreation and Cultural Services Re: 2017 John West Memorial “Leaders of Tomorrow” Scholarship Award 4. Delegations (a) Jennifer Bentley, Owner, and Jeremy Hamlin, Arborist Re: Item R10 – Summary of Committee Recommendations Report No. 2017-07; Re: Heritage Advisory Committee Meeting Minutes of June 12, 2017; Re: Item 6 – Tree Removal Permit, 81 Catherine Avenue Council Meeting Agenda Tuesday, July 11, 2017 Page 2 of 9 5. Consent Agenda Items listed under the Consent Agenda are considered routine or no longer require further discussion, and are enacted in one motion. The exception to this rule is that a Member may request for one or more items to be removed from the Consent Agenda for separate discussion and action. Recommended: That the following Consent Agenda items, C1 to C6 inclusive, be approved: C1. General Committee Meeting Report of July 4, 2017 Recommended: 1. That the General Committee meeting report of July 4, 2017, be received and the recommendations carried by the Committee approved. C2. Council Meeting Minutes of June 27, 2017 Recommended: 1. That the Council meeting minutes of June 27, 2017, be adopted as printed and circulated. C3. Council Public Planning Meeting Minutes of June 28, 2017 Recommended: 1. That the Council Public Planning meeting minutes of June 28, 2017, be adopted as printed and circulated. C4. Heritage Advisory Committee Meeting Minutes of June 12, 2017 Recommended: 1. That the Heritage Advisory Committee meeting minutes of June 12, 2017, be received for information. C5. Council Closed Session Minutes of May 16 and May 23, 2017 (confidential attachment) Council Meeting Agenda Tuesday, July 11, 2017 Page 3 of 9 Recommended: 1. That the Council Closed Session minutes of May 16 and May 23, 2017, be adopted as printed and circulated. C6. Council Closed Session Public Minutes of May 16 and May 23, 2017 Recommended: 1. That the Council Closed Session Public minutes of May 16 and May 23, 2017, be adopted as printed and circulated. 6. Consideration of Items Requiring Discussion (Regular Agenda) R1. FS17-023 – 2018 Budget Preparation Directions (Referred from General Committee meeting of July 4, 2017) Recommended: 1. That Report No. FS17-023 be received; and 2. That the increase for the Aurora portion of the residential tax bill for the 2018 Base Operating budget be limited to the reported 12 months to June 2017 Consumer Price Index (CPI) for the Toronto Area; and 3. That all fees, rates and charges be indexed by the same CPI reported value unless precluded by legislation, and new revenue sources identified where possible; and 4. That new tax revenue from new buildings be incorporated into the base budget and be used to extend existing service levels to these new properties, residents and businesses; and 5. That, for strategic priorities separately identified by Council, a further increase be levied for such new funding; and 6. That, once the CPI factor is known and the growth estimated, the Finance Advisory Committee provide each of the Library Board, the Cultural Centre Board, and the Historical Society a designated 2018 Council Meeting Agenda Tuesday, July 11, 2017 Page 4 of 9 budget funding amount for their respective budget development work; and 7. That a “current plus three year forecast” operating budget be prepared, and include a staffing needs analysis and forecast for the same period; and 8. That the phase-in budget strategy currently approved for Fire Services expansion be funded from within the inflationary and growth components of the Base Operating Budget, as applicable, with any excess planned increase being a separate component of the overall tax increase; and 9. That, in addition to the base budget increase for inflation, up to 1% dedicated Fiscal Strategy tax levy increase be imposed to fund additional contributions to Infrastructure Reserves in accordance with the long range fiscal strategies adopted in the recent 10 Year Capital and Asset Management Plan, and any other fiscal strategy items. R2. FS17-032 – Amendments to Procurement By-law (Referred from General Committee meeting of July 4, 2017) Recommended: 1. That Report No. FS17-032 be received; and 2. That a bylaw be enacted to amend By-law No. 5910-16, being a bylaw to define the procurement policies and procedures for the Corporation of the Town of Aurora, at the Council meeting of July 11, 2017. R3. IES17-034 – Restoration of Retaining Wall and Stairs at the Temperance Street Parking Lot (Referred from General Committee meeting of July 4, 2017) Recommended: 1. That Report No. IES17-034 be received; and 2. That a new 2017 Capital Project No. 31173 “Temperance Street retaining wall and stairs restoration” be approved in the amount of $60,000 funded from the Roads & Related Repair and Replacement Reserve Fund. Council Meeting Agenda Tuesday, July 11, 2017 Page 5 of 9 R4. PRCS17-027 – Tax Exempt Status for Sports Dome (Referred from General Committee meeting of July 4, 2017) Recommended: 1. That Report No. PRCS17-027 be received; and 2. That the Aurora Sports Dome (Soccer Dome) be declared a Municipal Capital Facility for the purposes of the municipality and for public use; and 3. That a by-law be enacted authorizing the Mayor and Clerk to enter into a Municipal Capital Facility Agreement with the operators of the Aurora Sports Dome; and 4. That, once the Municipal Capital Facility Agreement is entered into, a by- law be enacted to exempt the portion of the lands upon which the Aurora Sports Dome is located from all of the taxes for municipal and school purposes; and 5. That the Mayor and Town Clerk be authorized to execute any necessary agreements, including any and all documents and ancillary agreements required to give effect to same. R5. PRCS17-029 – Purchase Order Increase for 2018 Program Guide Production and Delivery (Referred from General Committee meeting of July 4, 2017) Recommended: 1. That Report No. PRCS17-029 be received; and 2. That the option to renew the York Region Media Group contract be exercised for the third and final year of the Contract ending December 31, 2018; and 3. That Purchase Order 654 be increased by $38,000 excluding taxes, to a total of $112,751.14 excluding taxes, to accommodate guide production for 2018. Council Meeting Agenda Tuesday, July 11, 2017 Page 6 of 9 R6. Summary of Committee Recommendations Report No. 2017-06 (Referred from General Committee meeting of July 4, 2017) Recommended: 1. That Summary of Committee Recommendations Report No. 2017-06 be received; and 2. That the Committee recommendations contained within this report be approved. R7. FS17-035 – Interim Operating Budget Forecast – as at May 31, 2017 Recommended: 1. That Report No. FS17-035 be received for information. R8. FS17-036 – Delegation of Authority to Award Contracts Recommended: 1. That Report No. FS17-036 be received; and 2. That during the period of July 12 to August 31, 2017, the Chief Administrative Officer (CAO) be delegated the authority to award contracts as a result of a bid solicitation that normally requires Council approval; and 3. That a report be submitted to Council outlining the details of any contract awarded pursuant to this authority. R9. PBS17-058 – Community Improvement Plan Incentive Program Application 46 Wellington Street East Recommended: 1. That Report No. PBS17-058 be received; and Council Meeting Agenda Tuesday, July 11, 2017 Page 7 of 9 2. That the Façade and Signage Improvement Grant application for 46 Wellington Street East be approved and that funding in the amount of $15,000 be granted; and 3. That a by-law implementing the Heritage Property Tax Relief program be enacted; and 4. That the Heritage Property Tax Relief application for 46 Wellington Street East be approved and that funding in the amount of $4,000 per year over a five (5) year period be granted; and 5. That the Mayor and Clerk be authorized to enter into and sign any agreement, including any and all documents and ancillary agreements required to give effect to same. R10. Summary of Committee Recommendations Report No. 2017-07 Recommended: 1. That Summary of Committee Recommendations Report No. 2017-07 be received; and 2. That the Committee recommendations contained within this report be approved. R11. Memorandum from Mayor Dawe Re: Recipients of the 2017 Town of Aurora Student Academic Achievement Awards Recommended: 1. That the memorandum regarding Recipients of the 2017 Town of Aurora Student Academic Achievement Awards be received for information. 7. Notices of Motion (a) Mayor Dawe Re: Lake Simcoe Region Conservation Authority Council Meeting Agenda Tuesday, July 11, 2017 Page 8 of 9 8. Motions 9. Regional Report York Regional Council Highlights – June 29, 2017 Recommended: That the Regional Report of June 29, 2017, be received for information. 10. New Business 11. Public Service Announcements 12. By-laws Recommended: That the following by-laws be enacted: (a) By-law Number XXXX-17 Being a By-law to define the procurement policies and procedures for The Corporation of the Town of Aurora. (Report No. FS17-032 – Council Item R2 – Jul. 11/17) (b) By-law Number XXXX-17 Being a By-law to provide tax reductions or refunds in respect of eligible heritage properties within the Aurora Promenade Community Improvement Plan. (Report No. PBS17-058 – Council Item R9 – Jul. 11/17, Report No. PL14-015 – GC Item 2 – Feb. 18/14, and By-law No. 5598-14) (c) By-law Number XXXX-17 Being a By-law to adopt Official Plan Amendment No. 14. (Report No. PBS17-015 – GC Item R8 – Jun. 20/17) (d) By-law Number XXXX-17 Being a By-law to adopt Official Plan Amendment No. 16. (Report No. PBS17-050 – GC Item R1 – Jul. 4/17) Council Meeting Agenda Tuesday, July 11, 2017 Page 9 of 9 13. Closed Session 14. Confirming By-law Recommended: That the following confirming by-law be enacted: By-law Number XXXX-17 Being a By-law to Confirm Actions by Council Resulting from a Council Meeting on July 11, 2017. 15. Adjournment Council Meeting Agenda Tuesday, July 11, 2017Delegation (a) Page 1 of 1 Town of Aurora General Committee Meeting Report Council Chambers Aurora Town Hall Tuesday, July 4, 2017 Attendance Council Members Councillor Pirri in the Chair; Councillors Abel (departed 11:25 p.m.), Gaertner, Humfryes (arrived 7:25 p.m.), Kim, Mrakas, Thom, Thompson and Mayor Dawe Members Absent None Other Attendees Doug Nadorozny, Chief Administrative Officer, Dan Elliott, Director of Financial Services, Al Downey, Director of Parks, Recreation and Cultural Services, Marco Ramunno, Director of Planning and Building Services, Stephanie Mackenzie-Smith, Manager of Corporate Communications, Patricia De Sario, Town Solicitor, Michael de Rond, Town Clerk, and Sarah Murray, Council /Committee Secretary The Chair called the meeting to order at 7:00 p.m. General Committee consented to recess the meeting at 9:13 p.m. and reconvened the meeting at 9:23 p.m. General Committee consented to extend the hour past 10:30 p.m. General Committee consented on a two-thirds vote to extend the hour past 11:00 p.m. Council Meeting Agenda Tuesday, July 11, 2017 Item C1 Page 1 of 12 General Committee Meeting Report Tuesday, July 4, 2017 Page 2 of 12 1. Approval of the Agenda General Committee approved the agenda as circulated by Legislative Services, with the following additions: • Delegation (a) David LeClaire, Highland Gate Ratepayers Association; Re: Item R2 – PRCS17-026 – Highland Gate Conceptual Parkland Design • Delegation (b) Martine Elias, Highland Gate Ratepayers Association; Re: Item R2 – PRCS17-026 – Highland Gate Conceptual Parkland Design • Delegation (c) Mike Bryan, Resident; Re: Item R2 – PRCS17-026 – Highland Gate Conceptual Parkland Design • Delegation (d) Cheryl Shindruk, Highland Gate Developments Inc.; Re: Item R2 – PRCS17-026 – Highland Gate Conceptual Parkland Design • Delegation (e) Gavin Bailey, Fotenn Consultants Inc. representing the Applicant, Re: Item R1 – PBS17-050 – Applications for Official Plan Amendment and Zoning By-law Amendment, Aurora United Church • Delegation (f) Jo-Anne Bartholomew, Highland Gate Park Committee; Re: Item R2 – PRCS17-026 – Highland Gate Conceptual Parkland Design • Delegation (g) Bob Callow, Highland Gate Park Committee; Re: Item R2 – PRCS17-026 – Highland Gate Conceptual Parkland Design • Item C4 – Canada 150 Ad Hoc Committee Meeting Minutes of April 3, 2017 • Item C5 – Trails and Active Transportation Committee Meeting Minutes of April 21, 2017 • Item C6 – Finance Advisory Committee Meeting Minutes of April 26, 2017 • Item C7 – Canada 150 Ad Hoc Committee Meeting Minutes of May 3, 2017 • Item C8 – Heritage Advisory Committee Meeting Minutes of May 8, 2017 • Item C9 – Governance Review Ad Hoc Committee Meeting Minutes of May 9, 2017 Council Meeting Agenda Tuesday, July 11, 2017 Item C1 Page 2 of 12 General Committee Meeting Report Tuesday, July 4, 2017 Page 3 of 12 • Item C10 - Governance Review Ad Hoc Committee Meeting Minutes of May 23, 2017 • Item C11 – Canada 150 Ad Hoc Committee Meeting Minutes of May 30, 2017 • Item R11 – Schedules A and B to Report No. PBS17-047 – Application for Zoning By-law Amendment Draft Plan of Subdivision and Draft Plan of Condominium Ballymore Building (South Aurora) Corporation, 14452 Yonge Street, Part Lot 75, Concession 1, File Numbers: ZBA-2016-09, SUB-2016-02, CDM-2016-04 • Item R12 – Summary of Committee Recommendations Report No. 2017-06 2. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 3. Presentations (a) Ron Weese and Stephan Kimmerer representing Sport Aurora, Re: Item R4 – PRCS17-025 – Sport Aurora and Sport Plan Funding Request Mr. Weese and Mr. Kimmerer presented an overview of Sport Aurora’s funding history and goals achieved to date. General Committee received and referred the comments of the delegation to Item R4. 4. Delegations General Committee consented, on approval of the agenda, to allow consideration of Delegation (b) prior to Delegation (a). (a) David LeClaire, Highland Gate Ratepayers Association (HGRPA); Re: Item R2 – PRCS17-026 – Highland Gate Conceptual Parkland Design Council Meeting Agenda Tuesday, July 11, 2017 Item C1 Page 3 of 12 General Committee Meeting Report Tuesday, July 4, 2017 Page 4 of 12 Mr. LeClaire of the Highland Gate Ratepayers Association reminded the Committee of the legally binding Minutes of Settlement signed by all parties and that the Association has no interest in revising the agreement. General Committee received the comments of the delegation and referred to Item R2. (b) Martine Elias, Highland Gate Ratepayers Association; Re: Item R2 – PRCS17-026 – Highland Gate Conceptual Parkland Design Ms. Elias provided an overview of the HGRPA survey that was distributed to local residents for their input on park amenities. She advised how the survey was created, its intent and the results. General Committee received the comments of the delegation and referred to Item R2. (c) Mike Bryan, Resident of Highland Gate Park; Re: Item R2 – PRCS17-026 – Highland Gate Conceptual Parkland Design Mr. Bryan presented his opinion on the conceptual design proposed by the developer for Highland Gate, referencing the Minutes of Settlement which binds the parties to certain design features. General Committee received the comments of the delegation and referred to Item R2. (d) Cheryl Shindruk, Highland Gate Developments Inc.; Re: Item R2 – PRCS17-026 – Highland Gate Conceptual Parkland Design Ms. Shindruk advised that the developer continues to work with town staff in complying with all regulations. General Committee received the comments of the delegation and referred to Item R2. Council Meeting Agenda Tuesday, July 11, 2017 Item C1 Page 4 of 12 General Committee Meeting Report Tuesday, July 4, 2017 Page 5 of 12 (e) Gavin Bailey, Fotenn Consultants Inc., Re: Item R1 – PBS17-050 – Application for Official Plan Amendment and Zoning By-law Amendment, Aurora United Church Mr. Bailey noted some minor changes have been made to the proposed design concepts, and that the applicant is seeking Council support regarding the revised proposed development plans. General Committee received the comments of the delegation and referred to Item R1. (f) Jo-Anne Bartholomew, Highland Gate Park Committee; Re: Item R2 – PRCS 17-026 – Highland Gate Conceptual Parkland Design Ms. Bartholomew, a resident of the area, noted that some local residents oppose the idea of park lighting and other proposed amenities. General Committee received the comments of the delegation and referred to Item R2. (g) Bob Callow, Highland Gate Park Committee; Re: Item R2 – PRCS 17-026 – Highland Gate Conceptual Parkland Design Mr. Callow spoke on behalf of the Highland Gate Park Committee to the Highland Gate Conceptual Parkland Design and asked that the trails within the park not be lit. General Committee received the comments of the delegation and referred to Item R2. 5. Consent Agenda General Committee recommends: That the following Consent Agenda items, C1 to C11 inclusive, be approved. C1. FS17-011 – 2016 Year End Budget Report – as at December 31, 2016 1. That Report No. FS17-011 be received for information. Council Meeting Agenda Tuesday, July 11, 2017 Item C1 Page 5 of 12 General Committee Meeting Report Tuesday, July 4, 2017 Page 6 of 12 C2. FS17-031 – Award of Office Products and Supplies Agreement 1. That Report No. FS17-031 be received; and 2. That the contract award be made to Novexco Inc. to provide office product supplies for a three (3) year term to April 30, 2020, to an upset limit of $65,00 per year with two (2) , one (1) year extension option years; and 3. That the Director of Financial Services be authorized to extend the optional years under the same terms and conditions of the initial agreement, subject to satisfactory performance, adjusted to prevailing approved budget amounts; and 4. 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. C3. IES17-033 – Purchase of Road De-icing Materials 1. That Report No. IES17-033 be received; and 2. That Council approve an annual expenditure upset limit to $400,000 for the purchase of road de0icing materials from Compass Mineral Canada Corp. through the York Purchasing Buyers Co-operative (YPC) for athree (3) year period commencing October 1, 2017 and ending April 30, 2020; and 3. That Council approve a further purchase of road de0icing materials in the upset limit amount of $400,000 for two (2) additional one (1) year terms subject to The Regional Municipality of York exercising the option to extend the (YPC) contract CRFT-2016-07 with Compass Mineral Canada Corp. C4. Canada 150 Ad Hoc Committee Meeting Minutes of April 3, 2017 1. That the Canada 150 Ad Hoc Committee Meeting Minutes of April 3, 2017 be received for information. Council Meeting Agenda Tuesday, July 11, 2017 Item C1 Page 6 of 12 General Committee Meeting Report Tuesday, July 4, 2017 Page 7 of 12 C5. Trails and Active Transportation Committee Meeting Minutes of April 21, 2017 1. That the Trails and Active Transportation Committee meeting minutes of April 21, 2017, be received for information. C6. Finance Advisory Committee Meeting Minutes of April 28, 2017 1. That the Finance Advisory Committee meeting minutes of April 26, 2017, be received for information. C7. Canada 150 Ad Hoc Committee Meeting Minutes of May 3, 2017 1. That the Canada 150 Ad Hoc Committee meeting minutes of May 3, 2017, be received for information. C8. Heritage Advisory Committee Meeting Minutes of May 8, 2017 1. That the Canada 150 Ad Hoc Committee meeting minutes of May 8, 2017, be received for information. C9. Governance Review Ad Hoc Committee Meeting Minutes of May 9, 2017 1. That the Governance Review Ad Hoc Committee meeting minutes of May 9, 2017, be received for information. C10. Governance Review Ad Hoc Committee Meeting Minutes of May 23, 2017 1. That the Governance Review Ad Hoc Committee meeting minutes of May 23, 2017, be received for information. C11. Canada 150 Ad Hoc Committee Meeting Minutes of May 30, 2017 1. That the Canada 150 Ad Hoc Committee Meeting Minutes of May 30, 2017, be received for information. Carried 6. Consideration of Items Requiring Discussion (Regular Agenda) Council Meeting Agenda Tuesday, July 11, 2017 Item C1 Page 7 of 12 General Committee Meeting Report Tuesday, July 4, 2017 Page 8 of 12 Items were considered in the following order: R1, R2, R3, R4, R10 and R11. Items R5, R6, R7, R8, R9, and R12 were referred to the Council meeting of July 11, 2017. R1. PBS17-050 – Applications for Official Plan Amendment and Zoning By-law Amendment, Aurora United Church, 15186 Yonge Street, 55, 57, 57A Temperance Street, 12 and 16 Tyler Street, File Numbers: OPA-2016-05 and ZBA- 2016-13 General Committee recommends: 1. That Report No. PBS17-050 be received; and 2. That Application to Amend the Official Plan, File Number OPA-2016-05 (Aurora United Church), to increase the maximum building height of five (5) storeys to a maximum building height of seven (7) storeys to permit a place of worship and a 152 suite retirement residence be approved; and 3. That Application to Amend the Zoning By-law File Number ZBA-2016- 013 (Aurora United Church), to rezone the lands from the current zoning of “Institutional (I) Zone” and “General Commercial (C2) Zone”, to a “Promenade Downtown (PD1) Zone” pursuant to the provisions and standards of the Town’s new Comprehensive Zoning Bylaw, to permit a place of worship and 152 suite retirement residence be approved; and 4. That the Official Plan Amendment be presented at a future Council meeting; and 5. That the Zoning Bylaw Amendment be presented at a future Council meeting when the required Site Plan Application is considered by Council; and 6. That the Zoning Bylaw Amendment include appropriate site specific exceptions to effectively implement the built form and performance standards of the Council approved Site Plan application. On a separate vote for each clause, the motion Carried Council Meeting Agenda Tuesday, July 11, 2017 Item C1 Page 8 of 12 General Committee Meeting Report Tuesday, July 4, 2017 Page 9 of 12 R2. PRCS17-026 – Highland Gate Conceptual Parkland Design General Committee recommends: 1. That Report No. PRCS17-026 be received for information; and 2. That the Conceptual Parkland design for the Highland Gate Development Lands be approved as presented at the Public Open House, April 5, 2017; and 3. That the exercise stations be removed from the Conceptual Parkland design for the Highland Gate Development lands; and 4. That the picnic tables be removed and garbage receptacles be added to the Conceptual Parkland design for the Highland Gate Development Lands. Carried as amended R3. PBS17-057 – Highland Gate Developments Inc., 21 Golf Links Drive, File Numbers: OPA-2016-01, ZBA-2016-02 and SUB-2016- 01 General Committee recommends: 1. That Report No. PBS17-057 be received for information. Carried R4. PRCS17-025 – Sport Aurora and Sport Plan Funding Request General Committee recommends: 1. That Report No. PRCS17-025 be received; and 2. That Council enter into a Service Agreement with Sport Aurora Inc. for the provision of services to fulfill the recommendations of the Sport Plan in the amount of $93,692 until December 31, 2017; and 3. That the Director of Parks, Recreation and Cultural Services be authorized to execute the necessary Agreement, including any and all documents and ancillary agreements required to give effect to same; and Council Meeting Agenda Tuesday, July 11, 2017 Item C1 Page 9 of 12 General Committee Meeting Report Tuesday, July 4, 2017 Page 10 of 12 4. That this report satisfies the Condition for Release of funds from the 2017 Operating Budget. Carried R5. FS17-023 – 2018 Budget Preparation Directions (Referred to Council meeting of July 11, 2017) R6. FS17-032 – Amendments to Procurement By-law (Referred to Council meeting of July 11, 2017) R7. IES17-024 – Restoration of Retaining Wall and Stairs at the Temperance Street Parking Lot (Referred to Council meeting of July 11, 2017) R8. PRCS17-027 – Tax Exempt Status for Sport Dome (Referred to Council meeting July of 11, 2017) R9. PRCS17-029 – Purchase Order Increase for 2018 Program Guide Production and Delivery (Referred to Council meeting July of 11, 2017) R10. PBS17-039 – Application for Zoning By-law Amendment BG Properties Aurora Inc. (formerly Coutts), 14222, 14314, 14358 and 14378 Yonge Street, Related File: SUB-2012-03, File Number: ZBA-2012-16 General Committee recommends: 1. That Report No. PBS17-039 be received; and 2. That Application to Amend the Zoning By-law File No. ZBA-2012-16 (BG Properties Aurora Inc.), to implement the proposed draft plan of subdivision be approved; and 3. That the implementing Zoning By-law Amendment be presented at a future Council meeting. Carried Council Meeting Agenda Tuesday, July 11, 2017 Item C1 Page 10 of 12 General Committee Meeting Report Tuesday, July 4, 2017 Page 11 of 12 R11. PBS17-047 – Applications for Zoning By-law Amendment, Draft Plan of Subdivision and Draft Plan of Condominium, Ballymore Building (South Aurora) Corporation, 14452 Yonge Street, Part Lot 75, Concession 1, File Numbers: ZBA-2016-09, SUB-2016-02, CDM-2016-04 General Committee recommends: 1. That Report No. PBS17-047 be received; and 2. That Application for Draft Plan of Subdivision SUB-2016-02 (Ballymore Building (South Aurora) Corporation) be approved, subject to the conditions outlined in Schedule ‘A’ of this report; and 3. That Zoning By-law Amendment file ZBA-2016-09 (Ballymore Building (South Aurora) Corporation) be approved, to zone the subject lands from “Oak Ridges Moraine Rural (RU-ORM) Zone” to “Detached Dwelling Second Density (R2-XX) Exception Zone”, “Major Open Space (O-22) Exception Zone”, and “Oak Ridges Moraine Environmental Protection (EP-ORM) Zone”; and 4. That the Application for Draft Plan of Condominium CDM-2016-04 (Ballymore Building (South Aurora) Corporation) be approved, subject to the conditions outlined in Schedule ‘B’ of this report; and 5. That a total of 40 units of water and sewage capacity be allocated to the Draft Plan of Subdivision; and 6. That the implementing by-laws be presented at a future Council meeting; and 7. That the Mayor and Town Clerk be authorized to execute a Subdivision Agreement, including any and all documents and all of the Agreements referenced in the Conditions of Approval, including any ancillary agreements required to give effect to same. Carried Council Meeting Agenda Tuesday, July 11, 2017 Item C1 Page 11 of 12 General Committee Meeting Report Tuesday, July 4, 2017 Page 12 of 12 R12. Summary of Committee Recommendations Report No. 2017-06 (Referred to Council meeting of July 11, 2017) 7. Notices of Motion None 8. New Business None 9. Closed Session None 10. Adjournment The meeting was adjourned at 11:42 p.m. _________________________________ _________________________________ Paul Pirri, Councillor Michael de Rond, Town Clerk The report of the General Committee meeting of July 4, 2017, is subject to final approval and Council endorsement of the recommendations on July 11, 2017. Council Meeting Agenda Tuesday, July 11, 2017 Item C1 Page 12 of 12 Town of Aurora Council Meeting Minutes Council Chambers, Aurora Town Hall Tuesday, June 27, 2017 Attendance Council Members Mayor Dawe in the Chair; Councillors Abel, Gaertner, Humfryes, Kim, Mrakas, Pirri, Thom, and Thompson Members Absent None Other Attendees Doug Nadorozny, Chief Administrative Officer, Techa van Leeuwen, Director of Corporate Services, Dan Elliott, Director of Financial Services, Al Downey, Director of Parks, Recreation and Cultural Services, Marco Ramunno, Director of Planning and Building Services, Stephanie Mackenzie-Smith, Manager of Corporate Communications, Patricia De Sario, Town Solicitor, Michael de Rond, Town Clerk, and Sarah Murray, Council/ Committee Secretary The Chair called the meeting to order at 7 p.m. Council consented to recess the meeting at 8:54 p.m. and reconvened the meeting at 9:05 p.m. 1. Approval of the Agenda Moved by Councillor Thom Seconded by Councillor Humfryes That the agenda as circulated by Legislative Services, with the following additions, be approved: Council Meeting Agenda Tuesday, July 11, 2017 Item C2 Page 1 of 16 Council Meeting Minutes Tuesday, June 27, 2017 Page 2 of 16 • Delegation (a) Robert Miller, representing The Regional Municipality of York; Re: Item R8, Report No. PBS17-056 – Approval of the Comprehensive Zoning By-law Review, File No. ZBA-2012-ZBR • Delegation (b) John McDermott, McDermott & Associates Limited, representing Sheila Reisman Management Limited Re 5 – 36 Furbacher Lane; Re: Item R8, Report No. PBS17-056 – Approval of the Comprehensive Zoning By-law Review, File No. ZBA-2012-ZBR • Agenda Index Replacement Page 5; Re: Item R5, Report No. IES17-024 – Implementation of Train Whistle Cessation for GO Train Crossings (correction to Clause No. 2) Carried 2. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 3. Presentations None 4. Delegations (a) Robert Miller, representing The Regional Municipality of York Re: Item R8, Report No. PBS17-056 – Approval of the Comprehensive Zoning By-law Review, File No. ZBA-2012-ZBR Mr. Miller expressed support of the proposed Comprehensive Zoning By-law Review, and commended staff on the efforts undertaken to finalize the proposal. Moved by Councillor Thom Seconded by Councillor Gaertner That the comments of the delegation be received and referred to Item R8. Carried Council Meeting Agenda Tuesday, July 11, 2017 Item C2 Page 2 of 16 Council Meeting Minutes Tuesday, June 27, 2017 Page 3 of 16 (b) John McDermott, McDermott & Associates Limited, representing Sheila Reisman Management Limited Re 5 – 36 Furbacher Lane Re: Item R8, Report No. PBS17-056 – Approval of the Comprehensive Zoning By-law Review, File No. ZBA-2012-ZBR Mr. McDermott provided background and highlighted elements of the proposed Comprehensive Zoning By-law Review. He noted that most of his client’s concerns have been addressed by staff. Mr. McDermott further noted that for the issues that remain unresolved, if the By-law is adopted as is, his client would be required to seek relief. Moved by Councillor Abel Seconded by Councillor Thompson That the comments of the delegation be received and referred to Item R8. Carried 5. Consent Agenda Council consented to consider Item C1 (sub-items R2 and R12) under Section 6, Consideration of Items Requiring Discussion (Regular Agenda) as Item R9. Moved by Councillor Thom Seconded by Councillor Pirri That the following Consent Agenda items, C1 (with the exception of sub-items R2 and R12) to C4 inclusive, be approved: C1. General Committee Meeting Report of June 20, 2017 1. That the General Committee meeting report of June 20, 2017, be received and the following recommendations carried by the Committee be approved: (R1) PRCS17-026 – Highland Gate Conceptual Parkland Design 1. That Report No. PRCS17-026 be received; and Council Meeting Agenda Tuesday, July 11, 2017 Item C2 Page 3 of 16 Council Meeting Minutes Tuesday, June 27, 2017 Page 4 of 16 2. That staff report back regarding the results of consultation at the July 4, 2017 General Committee meeting. (R8) PBS17-015 – Application for Official Plan Amendment, Zoning By- law Amendment, Site Plan, The Gathering Place of Aurora, 210 Edward Street, Part 1 of Block B and C Edward Street Reg. Plan 488, Part 1 65R13909, File Numbers: OPZ-2016-02, ZBA-2016-06, and SP-2016-09 1. That Report No. PBS17-015 be received; and 2. That the Application to Amend the Official Plan File Number OPA- 2016-02 (The Gathering Place of Aurora), to re-designate the subject lands from “Existing Employment – Light Industrial/Service” to “Existing Employment – Light Industrial/Service Site Specific Policy Area No. XX” to permit a place of worship in the entire existing building be approved; and 3. That the Application to Amend the Zoning By-law File Number ZBA- 2016-06 (The Gathering Place of Aurora), to amend the provisions of the General Industrial (M2-9) Exception Zone” to permit a place of worship in the entire existing building be approved; and 4. That Site Plan Application File SP-2016-09 (The Gathering Place of Aurora), to permit the development of the subject lands for a place of worship be approved; and 5. That the implementing by-laws be presented at a future Council meeting; and 6. That the Mayor and Town Clerk be authorized to execute the site plan agreement, including any and all documents and ancillary agreements required to give effect to same. (R9) PBS17-051 – Application for Site Plan Approval, P.A.R.C.E.L. Inc., Southwest Corner of Yonge Street and Elderberry Trail, Pt Lot 72, Conc 1 and Pt Blk A, B and G, Plan M- 42, File Number: SP-2014-07 Council Meeting Agenda Tuesday, July 11, 2017 Item C2 Page 4 of 16 Council Meeting Minutes Tuesday, June 27, 2017 Page 5 of 16 1. That Report No. PBS17-051 be received; and 2. That Site Plan Application File No. SP-2014-07 (P.A.R.C.E.L. Inc.) to permit the development of one (1) four (4)-storey residential condominium building, with a total of 20 residential units, be approved; and 3. That a total of 20 units of water and sewage capacity be allocated to the Approval of the Site Plan Application; and 4. That the Mayor and Town Clerk be authorized to execute the site plan agreement, including any and all documents and ancillary agreements required to give effect to same. (R11) Sport Aurora and Sport Plan Funding Request 1. That Report No. PRCS17-025 be deferred to the July 4, 2017 General Committee meeting pending a presentation from Sport Aurora to provide further information regarding the Sport Aurora Funding Request. C2. Council Meeting Minutes of June 13, 2017 1. That the Council meeting minutes of June 13, 2017, be adopted as printed and circulated. C3. Council Public Planning Meeting Minutes of February 22, 2017 1. That the Council Public Planning meeting minutes of February 22, 2017, be adopted as printed and circulated. C4. Memorandum from Mayor Dawe Re: Lake Simcoe Region Conservation Authority Board Meeting Highlights of May 26, 2017 1. That the memorandum regarding Lake Simcoe Region Conservation Authority Board Meeting Highlights of May 26, 2017, be received for information. Carried Council Meeting Agenda Tuesday, July 11, 2017 Item C2 Page 5 of 16 Council Meeting Minutes Tuesday, June 27, 2017 Page 6 of 16 6. Consideration of Items Requiring Discussion (Regular Agenda) Items were considered in the following order: R9(R12), R8, R9(R2), R2, R1, R3, R4, R5, R6, and R7. R1. IES17-031 – Award of Tender York Purchasing Co-op Tender No. CRFP2016-05 for the Supply of York Purchasing Cooperative Custodial Supplies Moved by Councillor Thom Seconded by Councillor Mrakas 1. That Report No. IES17-031 be received; and 2. That York Purchasing Co-op Tender No. CRFP2016-05 for the supply and delivery of Custodial Supplies be awarded to Swish Maintenance Ltd. for a three (3) year term for the supply and delivery of Paper, Soap, Chemicals and Personal Protective Equipment (PPE), and that the Town issue a Purchase Order for an upset limit of $45,000, excluding taxes for 2017; and 3. That York Purchasing Co-op Tender No. CRFP2016-05 for the supply and delivery of Custodial Supplies be awarded to Mr. Chemical Ltd. for a three (3) year term for the supply and delivery of Bags, Miscellaneous and Equipment, and that the Town issue a purchase order for an upset limit of $15,000 excluding taxes for 2017; and 4. That the Director of Infrastructure and Environmental Services be authorized to approve Purchase Orders for the years commencing in 2018 and 2019 to an upset limit of the approved budget for each year; and 5. That the Director of Infrastructure and Environmental Services be authorized to renew Tender No. CRFP2016-05 for an additional two (2) additional, one (1) year terms, pending an annual analysis and satisfactory performance review, for a total contract duration of up to five (5) years; and Council Meeting Agenda Tuesday, July 11, 2017 Item C2 Page 6 of 16 Council Meeting Minutes Tuesday, June 27, 2017 Page 7 of 16 6. 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. Carried R2. PBS17-046 – Request for Street Name Approval, Highland Gate Developments Inc., 21 Golf Links Drive, File Number: SUB-2015-01, Related File Numbers: OPA-2015-01, ZBA- 2015-02 Moved by Councillor Gaertner Seconded by Councillor Thompson 1. That Report No. PBS17-046 be received; and 2. That the following Street Names be approved for the proposed roads within the approved Plan of Subdivision, SUB-2015-01: Street “A” Klees Crescent Street “B” Mathew Lepper Court Street “C” Kenneth Campbell Court Street “D” Alex Gardner Court Street “E” Wallace Merchant Court Street “F” William Crossley Court Street “G” John Bradbury Court Street “H” William Heath Court Carried R3. IES17-029 – Award of Tender IES 2017-53 – Supply and Delivery of One 2017 Sign Body/Crane Truck Moved by Councillor Thom Seconded by Councillor Mrakas 1. That Report No. IES17-029 be received; and Council Meeting Agenda Tuesday, July 11, 2017 Item C2 Page 7 of 16 Council Meeting Minutes Tuesday, June 27, 2017 Page 8 of 16 2. That Capital Project No. 34411 for replacement of the sign truck be established, and $156,700 in funding be approved from the Fleet Repair and Replacement reserve fund; and 3. That Tender IES 2017-53 for the supply and delivery of one 2017 Sign Body/Crane Truck be awarded to Donway Ford Sales Limited, in the amount of $153,963, excluding taxes; and 4. 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. Carried R4. IES17-030 – Procurement of 2018 Capital Projects No. 34168 Single Axle Dump Truck and No. 34410 Tandem Axle Dump Truck in 2017 Moved by Councillor Mrakas Seconded by Councillor Pirri 1. That Report No. IES17-030 be received; and 2. That funding pre-approval for two (2) 2018 fleet projects be approved, and direction be given to staff to immediately tender for 2018 Capital Projects No. 34168 Single Axle Dump Truck with a budget estimate of $208,600 and No. 34410 Tandem Axle Dump Truck with a budget estimate of $246,300; and 3. That the Mayor and Town Clerk be authorized to execute the necessary Agreements, including any and all documents and ancillary agreements required to give effect to to same. Carried R5. IES17-024 – Implementation of Train Whistle Cessation for GO Train Crossings Moved by Councillor Gaertner Seconded by Councillor Thompson Council Meeting Agenda Tuesday, July 11, 2017 Item C2 Page 8 of 16 Council Meeting Minutes Tuesday, June 27, 2017 Page 9 of 16 1. That Report No. IES17-024 be received; and 2. That staff initiate the process as outlined by Transport Canada for train whistle cessation at the road crossings at Engelhard Drive, St. John’s Sideroad and Centre Street, in the Town of Aurora; and 3. That the implementation of the whistle cessation not proceed until the Metrolinx Barrie Corridor Expansion Program is completed; and 4. That Council approve the design budget of $235,000 in 2018 Budget year to initiate the design phase of the project; and 5. That the Region of York and Metrolinx be advised accordingly of the Town’s plans for Train Whistle Cessation. Motion to refer Moved by Councillor Thom Seconded by Councillor Mrakas That Report No. IES17-024 – Implementation of Train Whistle Cessation for GO Train Crossings be referred back to staff for more information during the 2018 Budget deliberations. Motion to refer Carried R6. PBS17-055 – Proposed Changes to the Ontario Municipal Board (OMB) and Updates to Four Provincial Land Use Plans Main motion Moved by Councillor Thompson Seconded by Councillor Mrakas 1. That Report No. PBS17-055 be received for information. Amendment Moved by Councillor Thompson Seconded by Councillor Mrakas That the main motion be amended by adding the following clauses: Council Meeting Agenda Tuesday, July 11, 2017 Item C2 Page 9 of 16 Council Meeting Minutes Tuesday, June 27, 2017 Page 10 of 16 2. That the Town of Aurora support, in principle, Bill 139; and 3. That staff be directed to submit input on Bill 139 to the province; and 4. That Council encourage the province to move this forward expeditiously, with passage of the Bill. Carried Main motion as amended Moved by Councillor Thompson Seconded by Councillor Mrakas 1. That Report No. PBS17-055 be received; and 2. That the Town of Aurora support, in principle, Bill 139; and 3. That staff be directed to submit input on Bill 139 to the province; and 4. That Council encourage the province to move this forward expeditiously, with passage of the Bill. Carried as amended R7. CAO17-001 – Economic Development Board – Terms of Reference Moved by Councillor Pirri Seconded by Councillor Thom 1. That Report No. CAO17-001 be received; and 2. That the attached Economic Development Board – Terms of Reference be endorsed and staff be directed to proceed with the creation of the Aurora Economic Development Board. Carried R8. PBS17-056 – Approval of the Comprehensive Zoning By-law Review File No. ZBA-2012-ZBR Council Meeting Agenda Tuesday, July 11, 2017 Item C2 Page 10 of 16 Council Meeting Minutes Tuesday, June 27, 2017 Page 11 of 16 Main motion Moved by Councillor Gaertner Seconded by Councillor Mrakas 1. That Report No. PBS17-056 be received; and 2. That pursuant to Section 34 (10.0.0.2) and 45 (1.4) of the Planning Act Council provide direction on which classes of Zoning By-law Amendment or minor variance applications it will consider. The classes of applications are identified in the Alternatives to Recommendation Section of this staff report. Amendment Moved by Councillor Gaertner Seconded by Councillor Mrakas That the main motion be amended by replacing the second clause with the following two clauses: 2. That, pursuant to Section 45 (1.4) of the Planning Act, Council declares that Committee of Adjustment minor variance applications be permitted; and 3. That, pursuant to Section 34 (10.0.0.2) of the Planning Act, Council declares that Industrial/Employment, Commercial and Institutional (ICI) By-law amendment applications be permitted. Carried Main motion as amended Moved by Councillor Gaertner Seconded by Councillor Mrakas 1. That Report No. PBS17-056 be received; and 2. That, pursuant to Section 45 (1.4) of the Planning Act, Council declares that Committee of Adjustment minor variance applications be permitted; and Council Meeting Agenda Tuesday, July 11, 2017 Item C2 Page 11 of 16 Council Meeting Minutes Tuesday, June 27, 2017 Page 12 of 16 3. That, pursuant to Section 34 (10.0.0.2) of the Planning Act, Council declares that Industrial/Employment, Commercial and Institutional (ICI) By-law amendment applications be permitted. On a recorded vote the main motion as amended Carried Yeas: 5 Nays: 4 Voting Yeas: Councillors Humfryes, Kim, Pirri, Thompson, and Mayor Dawe Voting Nays: Councillors Abel, Gaertner, Mrakas, and Thom R9. General Committee Meeting Report of June 20, 2017 (R2) PRCS17-024 – Space Accommodations for Community Groups Moved by Councillor Gaertner Seconded by Councillor Mrakas 1. That Report No. PRCS17-024 be received; and 2. That the users of 52 and 56 Victoria Street be provided notice that they are to vacate the premises no later than October 1, 2017, in preparation for the demolition of the structures; and 3. That staff continue to work toward finding a solution regarding space for community groups. On a recorded vote the motion Carried Yeas: 9 Nays: 0 Voting Yeas: Councillors Abel Gaertner, Humfryes, Kim, Mrakas, Pirri, Thom, Thompson, and Mayor Dawe Voting Nays: None R9. General Committee Meeting Report of June 20, 2017 (R12) GRAHC17-001 – Report No. 1 of the Governance Review Ad Hoc Committee, Re: Council Compensation Review Council Meeting Agenda Tuesday, July 11, 2017 Item C2 Page 12 of 16 Council Meeting Minutes Tuesday, June 27, 2017 Page 13 of 16 Moved by Councillor Thompson Seconded by Councillor Thom 1. That Report No. GRAHC17-001 be received; and 2. That the existing one-third tax-free provisions of Council’s compensation be discontinued effective January 1, 2018, and that staff take all steps necessary to give effect to this; and 3. That effective January 1, 2018, the base compensation of members of Council be grossed-up to effectively neutralize or offset the income taxation that will then occur, so to have the effect of the same or similar “take home” Town of Aurora earnings amount; and 4. That for purposes of evaluating and reviewing the compensation of members of Council, Council supports the Mayor role being considered as “full-time” while the eight current Councillor roles being considered as “part-time”. On a recorded vote the motion Carried Yeas: 9 Nays: 0 Voting Yeas: Councillors Abel, Gaertner, Humfryes, Kim, Mrakas, Pirri, Thom, Thompson, and Mayor Dawe Voting Nays: None 7. Notices of Motion None 8. Motions None 9. Regional Report None Council Meeting Agenda Tuesday, July 11, 2017 Item C2 Page 13 of 16 Council Meeting Minutes Tuesday, June 27, 2017 Page 14 of 16 10. New Business Councillor Gaertner inquired about the Town’s capacity to manage potential flooding of roads, and staff provided a response. Councillor Gaertner suggested that residents should be made aware of the solar panels that are installed at the Stronach Aurora Recreation Complex, and staff indicated that this matter would be addressed. Councillor Mrakas inquired about the Pandolfo development and the impact of vibrations on the properties surrounding Ridge Road, and staff provided a response. 11. Public Service Announcements Councillor Gaertner noted her attendance at the recent 5th annual York Region Pride Parade. Councillor Thompson extended a reminder regarding the Town’s Canada Day parade and others festivities. Councillor Abel extended a reminder about Dances in the Park and the Museum which is also celebrating 150 years. Councillor Abel noted that the Town is welcoming a delegation from Leksand, Sweden this week, and is looking forward to hosting the visitors. Councillor Humfryes extended a reminder regarding the Aurora Farmers’ Market and Artisan Fair being held at Town Park from 8 a.m. to 1 p.m. each Saturday, which is also offering special Canada Day festivities. Councillor Humfryes acknowledged the sign installed at the south end of Town on the railroad bridge and expressed gratitude to staff for their efforts. Councillor Thom extended wishes for a Happy Canada Day to all Aurorans and noted the various celebrations of the weekend. Councillor Kim noted that the Town is hosting Concerts in the Park on Wednesday evenings at Town Park from 7 p.m. to 9 p.m. Council Meeting Agenda Tuesday, July 11, 2017 Item C2 Page 14 of 16 Council Meeting Minutes Tuesday, June 27, 2017 Page 15 of 16 Councillor Humfryes noted that the Aurora Legion is hosting live music on Friday, June 30, 2017, featuring Randy Thomas, and The Good Brothers tribute band on Saturday, July 1, 2017. Mayor Dawe noted that the visitors from Leksand, Sweden will be arriving Wednesday, June 28, 2017, and they will be participating in a public welcoming ceremony including a flag raising on Thursday, June 29, 2017. Mayor Dawe noted that Recreation and Parks Month continues until the end of June. Mayor Dawe announced that the Town’s Concerts in the Park event series will start next Wednesday, July 5, 2017. Councillor Gaertner recognized Canada’s First Nations people and noted the indigenous movement called Resistance 150. 12. By-laws Moved by Councillor Thompson Seconded by Councillor Thom That the following by-laws be enacted: (a) By-law Number 5993-17 Being a By-law to amend Parking and Traffic Control By-law Number 4574-04.T, as amended, with respect to No Parking on various highways in the Town of Aurora. (b) By-law Number 5994-17 Being a By-Law to amend By-law Number 5630-14, as amended, to regulate licensing of business establishments. (c) By-law Number 6000-17 Being a By-law to adopt a new comprehensive zoning by-law for the Town of Aurora. Carried 13. Closed Session None Council Meeting Agenda Tuesday, July 11, 2017 Item C2 Page 15 of 16 Council Meeting Minutes Tuesday, June 27, 2017 Page 16 of 16 14. Confirming By-law Moved by Councillor Pirri Seconded by Councillor Kim That the following confirming by-law be enacted: By-law Number 5995-17 Being a By-law to Confirm Actions by Council Resulting from a Council Meeting on June 27, 2017. Carried 15. Adjournment Moved by Councillor Thom Seconded by Councillor Humfryes That the meeting be adjourned at 10:08 p.m. Carried _________________________________ _________________________________ Geoffrey Dawe, Mayor Michael de Rond, Town Clerk The minutes of the Council meeting of June 27, 2017, are subject to final approval by Council on July 11, 2017. Council Meeting Agenda Tuesday, July 11, 2017 Item C2 Page 16 of 16 Town of Aurora Council Public Planning Meeting Minutes Council Chambers Aurora Town Hall Wednesday, June 28, 2017 Attendance Council Members Deputy Mayor Abel in the Chair; Councillors Gaertner, Humfryes (arrived 7:57 p.m.), Kim (arrived 7:04 p.m.), Mrakas, Pirri, Thom (departed 7:48 p.m.), and Thompson Members Absent Mayor Dawe Other Attendees Marco Ramunno, Director of Planning and Building Services, Caitlin Graup, Planner, Lawrence Kuk, Planner, Samantha Yew, Deputy Clerk, and Linda Bottos, Council/Committee Secretary The Chair called the meeting to order at 7 p.m. 1. Approval of the Agenda Moved by Councillor Thom Seconded by Councillor Mrakas That the agenda as circulated by Legislative Services be approved. Carried 2. Declarations 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, July 11, 2017 Item C3 Page 1 of 5 Council Public Planning Meeting Minutes Wednesday, June 28, 2017 Page 2 of 5 3. Planning Applications Deputy Mayor Abel 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. PBS17-048 – Application for Zoning By-law Amendment, 15370 Leslie (Skale) Inc., 15370 Leslie Street, Part of Lot 21, Concession 2, File Number: ZBA-2017-02, Related File Number: SP- 2017-02 Planning Staff Mr. Lawrence Kuk, Planner, presented an overview of the application and staff report respecting the proposal to amend the existing Rural General (RU-2) Exception Zone to Row Dwelling Residential (R6-XX) Exception Zone to allow the development of 30 three-storey townhouse condominium units. He advised that the subject lands are designated as ‘UR2 – Urban Residential 2’ within the Town’s Official Plan, and the application will be reviewed against the recently approved Comprehensive Zoning By-law No. 6000-17. Mr. Kuk noted that the applicant has submitted a site plan application and highlighted aspects of the proposed site plan. Consultant Mr. Louis Tinker, Partner, Bousfields Inc., on behalf of the applicant, presented a brief summary of the application including aspects related to context, the proposed site plan, concept site elevations and site rendering, landscape plan, Greenland and trails, and sustainability measures. Public Comments No members of the public came forward. Moved by Councillor Pirri Seconded by Councillor Kim 1. That Report No. PBS17-048 be received; and Council Meeting Agenda Tuesday, July 11, 2017 Item C3 Page 2 of 5 Council Public Planning Meeting Minutes Wednesday, June 28, 2017 Page 3 of 5 2. That comments presented at the Public Planning meeting be addressed by Planning and Building Services in a comprehensive report outlining recommendations and options at a future General Committee meeting. Carried 2. PBS17-054 – Applications for Official Plan Amendment and Zoning By- law Amendment, York Region Christian Seniors’ Home Inc., 440, 460, 480 & 500 William Graham Drive, Plan 65M-4442, Block 4 and Block 5, File Number: OPA-2017-04, Related File Number: ZBA-2016-12 Planning Staff Ms. Caitlin Graup, Planner, presented an overview of the applications and staff report respecting the proposal to amend the 2C Secondary Plan (OPA 73) to increase the maximum building height from six storeys or 20 metres (whichever is less) to a maximum of seven storeys with a maximum height of 28 metres, and to amend the ‘RA3-14’ and RA3-15’ exception zones to include assisted living units as a permitted use, and to increase the maximum building height from six storeys or 20 metres (whichever is less) to a maximum of seven storeys with a maximum height of 28 metres. She noted that the Zoning By-law Amendment application will be reviewed against the recently approved Comprehensive Zoning By-law No. 6000-17, and also proposes to reduce the minimum number of units and minimum landscape buffer, decrease the minimum lot coverage for the RA3-15 lands, increase the minimum lot coverage for the RA3-14 lands, and allow temporary relief from the requirement to provide a minimum of parking spaces below grade. Consultant Ms. Joan MacIntyre, Principal, Malone Given Parsons Ltd., on behalf of the applicant, provided background and presented a brief overview of the applications, including clarification on the number of units, lot coverage, associated Assisted Living uses, parking and traffic. Council Meeting Agenda Tuesday, July 11, 2017 Item C3 Page 3 of 5 Council Public Planning Meeting Minutes Wednesday, June 28, 2017 Page 4 of 5 Public Comments No members of the public came forward. Moved by Councillor Kim Seconded by Councillor Mrakas 1. That Report No. PBS17-054 be received; and 2. That comments presented at the Public Planning meeting be addressed by Planning and Building Services in a comprehensive report outlining recommendations and options at a future General Committee meeting. On a recorded vote the motion Carried Yeas: 6 Nays: 1 Voting Yeas: Councillors Humfryes, Kim, Mrakas, Pirri, Thompson, and Deputy Mayor Abel Voting Nays: Councillor Gaertner Absent: Councillor Thom and Mayor Dawe 4. Confirming By-law Moved by Councillor Pirri Seconded by Councillor Humfryes That the following confirming by-law be enacted: 5996-17 Being a By-law to Confirm Actions by Council Resulting from a Council Public Planning Meeting on June 28, 2017. Carried Council Meeting Agenda Tuesday, July 11, 2017 Item C3 Page 4 of 5 Council Public Planning Meeting Minutes Wednesday, June 28, 2017 Page 5 of 5 5. Adjournment Moved by Councillor Thompson Seconded by Councillor Kim That the meeting be adjourned at 8:27 p.m. Carried _________________________________ _________________________________ Geoffrey Dawe, Mayor Samantha Yew, Deputy Clerk The minutes of the Council Public Planning meeting of June 28, 2017, are subject to final approval by Council on July 11, 2017. Council Meeting Agenda Tuesday, July 11, 2017 Item C3 Page 5 of 5 Town of Aurora Heritage Advisory Committee Meeting Minutes Date: Monday, June 12, 2017 Time and Location: 7 p.m., Holland Room, Aurora Town Hall Committee Members: Councillor Wendy Gaertner (Chair), Neil Asselin, Barry Bridgeford, Carol Gravelle, James Hoyes (arrived 7:23 p.m.), John Kazilis, Bob McRoberts (Honorary Member), and Martin Paivio Member(s) Absent: Councillor Jeff Thom (Vice Chair) Other Attendees: Jeff Healey, Planner, and Sarah Murray, Council/Committee Secretary The Chair called the meeting to order at 7 p.m. 1. Approval of the Agenda Moved by John Kazilis Seconded by Carol Gravelle That the agenda as circulated by Legislative Services be approved. Carried 2. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 3. Receipt of the Minutes Heritage Advisory Committee Meeting Minutes of May 8, 2017 Council Meeting Agenda Tuesday, July 11, 2017 Item C4 Page 1 of 7 Heritage Advisory Committee Meeting Minutes Monday, June 12, 2017 Page 2 of 7 Moved by John Kazilis Seconded by Martin Paivio That the Heritage Advisory Committee meeting minutes of May 8, 2017, be received for information. Carried 4. Delegations None 5. Matters for Consideration 1. HAC17-012 – Request to Remove a Property from the Aurora Register of Properties of Cultural Heritage Value or Interest 34, 38, 42 and 46 George Street Staff provided background and a brief overview of the report. The Committee expressed concern over Council’s motion to remove additional properties from the Aurora Register of Properties of Cultural Heritage Value or Interest and requested additional consultation with Council before commencing. The Committee also expressed concern with revising the Aurora Register’s Pending List without a clear proposal from the owner(s), and the lack of historical data on the matter before the Committee. Motion to defer Moved by Carol Gravelle Seconded by Neil Asselin That Report No. HAC17-012 – Request to Remove a Property from the Aurora Register of Properties of Cultural Heritage Value or Interest, 34, 38, 42 and 46 George Street, be deferred to the Heritage Advisory Committee meeting of July 17, 2017. Motion to defer Carried Council Meeting Agenda Tuesday, July 11, 2017 Item C4 Page 2 of 7 Heritage Advisory Committee Meeting Minutes Monday, June 12, 2017 Page 3 of 7 2. HAC17-013 – Heritage Status of the Aurora Train Station 121 Wellington Street East Staff provided a brief overview of the report and property in relation to the property’s status under Part III.i of the Ontario Heritage Act. The Committee expressed its preference that the historic and cultural integrity of the Train Station be maintained and, as the property is currently owned by Metrolinx, staff indicated that they will encourage Metrolinx to consider Designation of the Train Station under Part IV of the Ontario Heritage Act. The Committee also discussed the concept of a rail grade that travels under Wellington Street East, in an effort to preserve the sight line of the Train Station to ensure that it remains visible, similar to the design implemented at 14th Avenue west of Kennedy Road in Markham. Councillor Gaertner requested that the Aurora Register’s Pending List be included in the agenda for the next meeting of the Heritage Advisory Committee. Moved by Carol Gravelle Seconded by James Hoyes 1. That Report No. HAC17-013 be received; and 2. That the Heritage Advisory Committee recommend to Council: (a) That staff consult with Metrolinx with respect to a potential designation of the Historic Train Station at 121 Wellington Street East under Part IV of the Ontario Heritage Act; and (b) That staff prepare a report on the Heritage Impact Assessment to be released by Metrolinx for proposed upgrades; and (c) That, upon the possible sale of the Aurora Train Station by Metrolinx to a private entity, steps be taken to proceed with Part IV Designation; and (d) That staff prepare a report on the impact of the proposed grade separation on Wellington Street East and that the alternative of a below -grade rail corridor be explored. Carried as amended Council Meeting Agenda Tuesday, July 11, 2017 Item C4 Page 3 of 7 Heritage Advisory Committee Meeting Minutes Monday, June 12, 2017 Page 4 of 7 3. Memorandum from Planner Re: Additional Information – Architectural Salvage Program The Committee discussed options to promote the availability of the salvage items to local residents, and staff advised that an event would be arranged during the summer of 2017. Moved by Martin Paivio Seconded by Barry Bridgeford 1. That the memorandum regarding Additional Information – Architectural Salvage Program be received; and 2. That the Heritage Advisory Committee recommend to Council: (a) That staff make items from the Architectural Salvage Program available to the public in the summer of 2017; and (b) That a notice with respect to the event be published in the local newspapers and the Town of Aurora website. Carried 6. Informational Items 4. HAC17-014 – Existing Heritage Status Historical Yonge Street within the Aurora Promenade Staff advised of the existing urban design and streetscape guidelines, which promotes heritage conservation and complementary design along Yonge Street. Staff also clarified the difference between seeking a Part IV or Part V designation pursuant to the Ontario Heritage Act. Moved by Bob McRoberts Seconded by Martin Paivio 1. That Report No. HAC17-014 be received; and 2. That the Heritage Advisory Committee recommend to Council: (a) That staff be directed to evaluate individual properties along Yonge Street, from Wellington Street West/East to Tyler Street on Council Meeting Agenda Tuesday, July 11, 2017 Item C4 Page 4 of 7 Heritage Advisory Committee Meeting Minutes Monday, June 12, 2017 Page 5 of 7 the west side and Mosley Street on the east side, to consider designation under Part IV of the Ontario Heritage Act. Carried as amended 5. Extracts from Council Meetings of March 28 and May 9, 2017 Re: Heritage Advisory Committee Meeting Minutes of February 13, March 6, and April 10, 2017 Moved by Bob McRoberts Seconded by John Kazilis 1. That the Extracts from Council Meetings of March 28 and May 9, 2017, regarding the Heritage Advisory Committee meeting minutes of February 13, March 6, and April 10, 2017, be received for information. Carried 6. Memorandum from Acting Manager of Parks Re: Tree Removal Permit Application – 81 Catherine Avenue Staff provided an overview of the Application and identified relevant polices within the Northeast Old Aurora Heritage Conservation District Plan, which speaks to the preservation of healthy trees and mature vegetation. The Committee recognized the subject trees as heritage features. Moved by Barry Bridgeford Seconded by Neil Asselin 1. That the memorandum regarding Tree Removal Permit Application – 81 Catherine Avenue be received; and 2. That the Heritage Advisory Committee recommend to Council: (a) That all six (6) trees as part of the Tree Permit Application at 81 Catherine Avenue and 82 Centre Street remain in accordance with Section 4.6.2 and 5.7 of the Northeast Old Aurora Heritage Conservation District Plan. Carried Council Meeting Agenda Tuesday, July 11, 2017 Item C4 Page 5 of 7 Heritage Advisory Committee Meeting Minutes Monday, June 12, 2017 Page 6 of 7 7. New Business The Committee discussed the possible evaluation and designation of 122, 124 and 136 Wellington Street East. Staff advised that they could begin the process of seeking evaluation for designation and bring the matter back to the Committee for further discussion. New Business Motion No. 1 Moved by Bob McRoberts Seconded by Barry Bridgeford 1. That the Heritage Advisory Committee recommend to Council: (a) That staff be directed to initiate steps toward a Part IV designation of the Railway Hotel at 136 Wellington Street East and Baldwin’s at 124 Wellington Street East and report back to the Committee. Carried The Committee raised concerns regarding 23 Mosley Street, which was before the Committee in December 2016 seeking approval for demolition of an existing rear addition and accessory structure. Staff advised that a building inspector will be notified of the discrepancies for further investigation. The Committee inquired about the process to ensure that the approved drawings are implemented by an applicant. Staff advised that a building inspector will review the approved building permit plans compared to existing works onsite. New Business Motion No. 2 Moved by Neil Asselin Seconded by Barry Bridgeford 1. That the Heritage Advisory Committee recommend to Council: (a) That staff be directed to advise the Heritage Advisory Committee on the works conducted at 23 Mosley Street and advise on any recourse on the property, including but not limited to the plans previously approved by the Heritage Advisory Committee and endorsed by Council. Carried Council Meeting Agenda Tuesday, July 11, 2017 Item C4 Page 6 of 7 Heritage Advisory Committee Meeting Minutes Monday, June 12, 2017 Page 7 of 7 The Committee inquired about works conducted at 28 Reuben Street and staff agreed to confirm whether a permit has been issued. The Committee recognized that this is Carol Gravelle’s last meeting and expressed appreciation to Carol for her contributions as a member of the Heritage Advisory Committee. 8. Adjournment Moved by Carol Gravelle Seconded by Bob McRoberts That the meeting be adjourned at 9:48 p.m. Carried Committee recommendations are not binding on the Town unless otherwise adopted by Council at a later meeting. Council Meeting Agenda Tuesday, July 11, 2017 Item C4 Page 7 of 7 Town of Aurora Council Closed Session Public Minutes Holland Room Aurora Town Hall Tuesday, May 16, 2017 Attendance Council Members Mayor Dawe in the Chair; Councillors Abel, Gaertner (arrived at 5:56 p.m.), Humfryes (arrived at 5:58 p.m.), Kim (arrived at 6:25 p.m.), Mrakas, Thom, and Thompson Members Absent Councillor Pirri Other Attendees Doug Nadorozny, Chief Administrative Officer, Patricia De Sario, Town Solicitor, Michael de Rond, Town Clerk, Marco Ramunno, Director of Planning and Building Services, Anthony Ierullo, Manager of Long Range and Strategic Planning The Chair called the meeting to order at 5:45 p.m. Council consented to recess at 5:46 p.m. to resolve into a Closed Session. Council reconvened into open session at 6:42 p.m. 1.Approval of the Agenda Moved by Councillor Mrakas Seconded by Councillor Thom That the agenda as circulated by Legislative Services be approved. Carried Council Meeting Agenda Tuesday, July 11, 2017 Item C6 Page 1 of 6 Council Closed Session Public Minutes Tuesday, May 16, 2017 Page 2 of 3 2.Declaration of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 3.Consideration of Items Requiring Discussion Moved by Councillor Abel Seconded by Councillor Mrakas 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: Closed Session Report No. PBS17-045 – Trinity Anglican Church 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: Closed Session Report No. PBS17-041 - Aurora United Church-Proposed Public Parking Lease Arrangement, 15186 Yonge Street, File Numbers: OPA-2015-03, ZBA- 2015-08 and SUB-2015-04 Carried Moved by Councillor Thompson Seconded by Councillor Thom That the Council Closed Session be reconvened into open session to rise and report from Closed Session. 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: Closed Session Report No. PBS17-045 – Trinity Anglican Church Moved by Councillor Pirri Seconded by Councillor Thompson 1.That the confidential direction to staff in respect to Closed Session Report No. PBS17-045 – Trinity Anglican Church, be confirmed. Carried Council Meeting Agenda Tuesday, July 11, 2017 Item C6 Page 2 of 6 Council Closed Session Public Minutes Tuesday, May 16, 2017 Page 3 of 3 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: Closed Session Report No. PBS17-041 - Aurora United Church-Proposed Public Parking Lease Arrangement, 15186 Yonge Street, File Numbers: OPA- 2015-03, ZBA-2015-08 and SUB-2015-04 Moved by Councillor Pirri Seconded by Councillor Thompson 1.That the confidential direction to staff in respect to Closed Session Report No. PBS17-041 - Aurora United Church-Proposed Public Parking Lease Arrangement, 15186 Yonge Street, File Numbers: OPA-2015-03, ZBA- 2015-08 and SUB-2015-04, be confirmed. Carried 4.By-laws Moved by Councillor Humfryes Seconded by Councillor Kim That the following confirming by-law be enacted: 5985-17 Being a By-law to Confirm Actions by Council Resulting from a Council Closed Session Meeting on May 16, 2017. Carried 5.Adjournment Moved by Councillor Pirri Seconded by Councillor Thompson That the meeting be adjourned at 6:44 p.m. Carried _________________________________ _________________________________ Geoffrey Dawe, Mayor Michael de Rond, Town Clerk The minutes of the Council Closed Session of May 16, 2017, are subject to final approval by Council on July 11, 2017. Council Meeting Agenda Tuesday, July 11, 2017 Item C6 Page 3 of 6 Town of Aurora Council Closed Session Public Minutes Leksand Room Aurora Town Hall Tuesday, May 23, 2017 Attendance Council Members Mayor Dawe in the Chair; Councillors Abel, Gaertner, Humfryes (arrived 6:46 p.m.), Kim (arrived 6:10 p.m.), Mrakas, Pirri (arrived 5:51 p.m.), Thom, and Thompson Members Absent None Other Attendees Doug Nadorozny, Chief Administrative Officer, Marco Ramunno, Director of Planning and Building Services, Anthony Ierullo, Manager, Long Range and Strategic Planning, Patricia De Sario, Town Solicitor, and Michael de Rond, Town Clerk The Chair called the meeting to order at 5:45 p.m. Council consented to recess at 5:46 p.m. to resolve into a Closed Session. Council reconvened into open session at 6:50 p.m. 1.Approval of the Agenda Moved by Councillor Thom Seconded by Councillor Mrakas That the agenda as circulated by Legislative Services be approved. Carried Council Meeting Agenda Tuesday, July 11, 2017 Item C6 Page 4 of 6 Council Closed Session Public Minutes Tuesday, May 23, 2017 Page 2 of 3 2.Declaration of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 3.Consideration of Items Requiring Discussion Moved by Councillor Thompson Seconded by Councillor Mrakas 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: Closed Session Report No. PBS17-040 – Letter of Intent – 89 Mosley Street Carried Moved by Councillor Pirri Seconded by Councillor Thom That the Council Closed Session be reconvened into open session to rise and report from Closed Session. 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: Closed Session Report No. PBS17-040 – Letter of Intent – 89 Mosley Street Moved by Councillor Pirri Seconded by Councillor Thompson 1.That the confidential direction to staff in respect to Closed Session Report No. PBS17-040 – Letter of Intent – 89 Mosley Street, be confirmed. On a recorded vote the motion Carried Yeas: 8 Nays: 1 Voting Yeas: Councillors Gaertner, Humfryes, Kim, Mrakas, Pirri, Thom, Thompson, and Mayor Dawe Voting Nays: Councillor Abel Council Meeting Agenda Tuesday, July 11, 2017 Item C6 Page 5 of 6 Council Closed Session Public Minutes Tuesday, May 23, 2017 Page 3 of 3 4.By-laws Moved by Councillor Thom Seconded by Councillor Pirri That the following confirming by-law be enacted: 5986-17 Being a By-law to Confirm Actions by Council Resulting from a Council Closed Session Meeting on May 23, 2017. Carried 5.Adjournment Moved by Councillor Pirri Seconded by Councillor Thompson That the meeting be adjourned at 6:50 p.m. Carried _________________________________ _________________________________ Geoffrey Dawe, Mayor Michael de Rond, Town Clerk The minutes of the Council Closed Session of May 23, 2017, are subject to final approval by Council on July 11, 2017. Council Meeting Agenda Tuesday, July 11, 2017 Item C6 Page 6 of 6 Town of Aurora General Committee Report No. FS17-023 Subject: 2018 Budget Preparation Directions Prepared by: Dan Elliott, Director Financial Services - Treasurer Department: Financial Services Date: July 4, 2017 Recommendation 1. That Report No. FS17-023 be received; and 2. That the increase for the Aurora portion of the residential tax bill for the 2018 Base Operating budget be limited to the reported 12 months to June 2017 Consumer Price Index (CPI) for the Toronto Area; and 3. That all fees, rates and charges be indexed by the same CPI reported value unless precluded by legislation, and new revenue sources identified where possible; and 4. That new tax revenue from new buildings be incorporated into the base budget and be used to extend existing service levels to these new properties, residents and businesses; and 5. That for strategic priorities separately identified by Council, a further increase be levied for such new funding; and 6. That once the CPI factor is known, and the growth estimated, the Finance Advisory Committee provide each of the Library Board, the Cultural Centre Board, and the Historical Society a designated 2018 budget funding amount for their respective budget development work; and 7. That a “current plus three year forecast” operating budget be prepared, and include a staffing needs analysis and forecast for the same period. 8. That the phase-In budget strategy currently approved for Fire Services expansion be funded from within the inflationary and growth components of Council Meeting Agenda Tuesday, July 11, 2017 Item R1 Page 1 of 8 July 4, 2017 Page 2 of 8 Report No. FS17-023 the Base Operating Budget, as applicable, with any excess planned increase being a separate component of the overall tax increase; and 9. That in addition to the base budget increase for inflation, up to 1% dedicated Fiscal Strategy tax levy increase be imposed to fund additional contributions to Infrastructure Reserves in accordance with the long range fiscal strategies adopted in the recent 10 Year Capital and Asset Management Plan, and any other fiscal strategy items. Executive Summary The report sets budget preparation directions and guidance as they prepare the draft 2018 Operating Budget for presentation to Budget Committee in the fall.  Council’s Budget Principles and Budget Process are set out in the foundational documents approved by Council in 2016, which are publicly available on the Town’s website and will serve as further guidance to staff in budget preparations.  Finance Advisory Committee has begun its detailed reviews of department operations which will allow more strategic reviews of the 2018 draft budget by Budget Committee.  A new budget consultation meeting has been implemented for 2018 process.  Fire Services budget continues to grow beyond inflation due to the phased plan to hire four new firefighters per year, leading to the opening of the new fire hall, and as set out in the updated Fire Master Plan . The Town of Aurora previously adopted a budget strategy to phase the whole increase equally over a five-year period. This budget strategy will continue into 2018.  The Town’s fiscal strategy to add special levy increases in addition to CPI to meet needed increases for contributions to the infrastructure sustainability reserve funds and other purposes continues for 2018. These strategies are confirmed each year as part of the regular updates to the Town’s 10 Year Capital Investment Plan. Background In preparation for the 2018 Operating Budget preparations by staff, it is important for Council to set out its expectations with respect to tax impacts to the residents and businesses of the planned budget. During 2016 and 2017 budget preparations, such direction resulted in considerable efficiency gains in the process . When the targets were achieved by staff and presented, only minor changes were made by Council through the Council Meeting Agenda Tuesday, July 11, 2017 Item R1 Page 2 of 8 July 4, 2017 Page 3 of 8 Report No. FS17-023 addition of some new priority special projects or initiatives. There additions were net zero to the tax rate from the draft of staff, as they were funded from reserves. Analysis Key principles for the 2018 budget development. (numbering corresponds to the numbered principles in the Council Budget Principles document) 2) The budget process will include the use of budget consultation approaches to allow residents the opportunity to provide input into budget priorities. 5) Council will undertake to complete the budget review and approval prior to the commencement of the 2018 calendar year. 8) Council will not rely on budget surplus from one year to support or mitigate budget pressures in the following budget year. 10) Council and staff will continually look to implement changes in technique, tools, or approaches in delivering all services and functions which would reduce cost, or improve efficiency or effectiveness of our work. 12) Council is committed to adequately fund infrastructure renewal through annual increases to infrastructure reserve contributions. These additional increases will be part of the Fiscal Strategy Budget, and may require overall budget increases beyond inflation for the residents of the Town. 13) The operating budget shall include outlooks for the next three years, for a total of four years, to allow the current budget to be considered within the context of the Town’s short term future funding requirements. 14) A special phasing budget will be used to continue to phase in the expected sharp increase in Fire Services costs with the anticipated addition of a new crew currently being added to Central York Fire Services. This special phasing budget will be funded from a portion of the growth revenue. 16) Inflation is recognized as having a direct impact on the Town’s costs of delivering its existing services. Residents and Council should expect their base taxes to increase by inflation each year, with the Fiscal Strategy Budget pushing this tax increase beyond inflation in efforts to reposition the Town’s long-range financial situation. 18) While the Town is intent on advancing strategic priorities, it is likely not possible to advance all issues in every year, and Council will need to make these key priority decisions in a scarce resource environment. Council Meeting Agenda Tuesday, July 11, 2017 Item R1 Page 3 of 8 July 4, 2017 Page 4 of 8 Report No. FS17-023 19) Innovation, efficiencies, maintaining service excellence and service improvements come through the continuous learning and development of our staff . Training and development funding will be provided in the budget. 21) The Province is providing the opportunity for additional revenue to municipalities through deliberately holding the line on school tax rate increases . To accept this additional funding, the municipalities must increase their local portions by a rate higher than inflation, failing which, the opportunity to accept this additional funding is lost. The Finance Advisory Committee has reviewed some budget areas in detail Since its inception in 2015, the Finance Advisory Committee has reviewed the Parks, Recreation & Culture department, Corporate Accounts, and Planning and Building Services department budgets in detail. During the course of these reviews, certain budget concern areas were explored. Staff explained the budget right-sizing of certain budget lines that was undertaken as part of the 2017 budget process. These right sizes are not expected to occur during 2018 as no further concern areas were raised. The Advisory Committee has also reviewed the recently completed long term development activity forecast prepared by the Planning Division. Continuing concerns with respect to declining development activity were somewhat alleviated as the forecast shows continuing strong but slowly declining future growth activity, without the previously expected sharp declines in activity level. Staff in all departments will be working with these same projections in the preparation of their 2018 to 2021 budget and budget forecasts. A new Budget Consultation Meeting has been established Finance Advisory Committee and Council have approved a new Budget Consultation meeting which will take place May 31, 2017 to serve as input for the 2018 budget. Community groups and individuals will be encouraged to provide budget input directly at this special meeting of Budget Committee. They will be encouraged to provide suggestions for service level amendments, cost savings, or revenue ideas. In addition, community groups and individuals will have an opportunity to seek grant or support funding for new or different purposes at this meeting as well as services in kind if any. It is anticipated that new last minute pop-up requests occurring during the budget deliberations in the fall will be reduced, and that greater information and perspectives will be provided with respect to all such requests for Council consideration. Council Meeting Agenda Tuesday, July 11, 2017 Item R1 Page 4 of 8 July 4, 2017 Page 5 of 8 Report No. FS17-023 Recommended budget preparation directions for 2018 Based on the highlighted budget principles, it is recommended that the following budget directions be approved for the preparation of the 2018 Operating Budget: Base Operating Budget: 1) The overall Aurora net residential tax bill increase for the Base Operating be limited to the reported July 2016 to June 2017 Consumer Price Index (CPI) for the Toronto Area. 2) All fees, rates and charges are to be indexed by the same CPI reported value, and new revenue sources identified. 3) New taxes from new community growth be incorporated into the base budget and be used to extend existing services to these new communities, residents and businesses. 4) For strategic priorities separately identified by Council, a further levy increase should be considered for such new funding. Council may consider a multi-year phased approach to increasing service levels. 5) After the CPI factor is known, the Library Board, the Cultural Centre Board, and the Historical Society each receive a clear budget funding allocation early in the budget development stage for their consideration when preparing their business plans. 6) A current plus three year forecast will be prepared, and will include a staffing needs analysis and forecast for the same period. Phase-In Budget 7) The phase-in budget strategy currently approved for Fire Services expansion will be funded from within the inflationary and growth components of the base operating budget, as applicable, with any excess planned increase being a separate component of the overall tax increase. Fiscal Strategy Budget 8) In addition to the base budget increase for inflation, a dedicated Fiscal Strategy tax levy increase will be imposed to fund additional contributions to Infrastructure Reserves in accordance with the long range fiscal strategies adopted in the Council Meeting Agenda Tuesday, July 11, 2017 Item R1 Page 5 of 8 July 4, 2017 Page 6 of 8 Report No. FS17-023 recent Ten Year Capital and Asset Management Plan, reduce reliance on hydro reserve fund interest, and reduce budgetary reliance on unsustainable levels of supplementary tax revenues. Advisory Committee Review Finance Advisory Committee has reviewed a draft of this report at its June 13, 2017 meeting. Financial Implications It is anticipated that strong assessment base growth from new structures (not reassessment increases) will occur for another two years, following which growth is anticipated to begin to decline. New revenue from growth is necessary funding to extend existing services at their same levels to these new residents and businesses which results in additional costs, and in some cases, additional staffing requirements. Inflation is a reality that if not accommodated on the full revenue side (taxes and all other revenue sources), dilutes funding available for the maintenance of base services at their existing service levels, resulting in dilution of service. Accordingly, inflationary increases to taxes and service fees are necessary and should be expected by Council and taxpayers. The Town’s solid waste contract was recently competitively renewed, and unfortunately cost increases will result in a significant tax rate pressure to the Town which staff will attempt to accommodate within the base operating budget. In its Budget Principles document, Council has made very transparent that its reference inflationary indicator is the July to June annual CPI published by Statistics Canada for the Toronto area. This public declaration eliminates use of difference CPI values by staff or others during the budget review process. The CPI value for the end of June is expected to be published by Statistics Canada in late July or August. In addition to inflation, residents and Council need to recognize that infrastructure sustainability funding is a significant funding requirement for all municipalities and should be expected to be funded as an incremental beyond inflationary adjustment. The March CPI was reported at 2.1%. If this remains unchanged, the Base Budget would increase by a 2.1% tax increase, plus a 1% increase for Fiscal strategy. New services introduced by Council will add further increase pressure. Based on these agreed to principles, the potential tax rate impact could fall in the range of 3.1% to 3.5% depending on any new services to be funded. Council Meeting Agenda Tuesday, July 11, 2017 Item R1 Page 6 of 8 July 4, 2017 Page 7 of 8 Report No. FS17-023 Communications Considerations The budget directions of Council are primarily aimed at staff as they prepare the draft 2018 budget. However, Communications will include some information to advise residents of Council’s budget expectations and the increase to taxes and fees. 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 Recommendation Council may choose to provide alternate budget preparation direction to staff. Conclusions Having clear budget preparation directions assisted with a smooth and highly successful budget process for 2016 and 2017. The entire budget development cycle is now supported by the foundational documents, now approved by Council, being the Council Budget Principles and Council Budget Process. Members of the public and Council are reminded that in-depth budget discussions with departments continues off-line throughout the year on a rotating basis by the Finance Advisory Committee as set out in the Council Budget Processes document. The Budget Directives recommended in this report are anticipated to result in a fair, progressive and affordable budget for the Town for 2018. The draft budget presented by staff will also include a forecast outlook for the following three years. Attachments None Previous Reports None, this is an annual report to Council in advance of staff budget preparations. Council Meeting Agenda Tuesday, July 11, 2017 Item R1 Page 7 of 8 Council Meeting Agenda Tuesday, July 11, 2017Item R1 Page 8 of 8 Town of Aurora General Committee Report No. FS17-032 Subject: Amendments to Procurement By-law Prepared by: Dan Elliott, Director of Financial Services - Treasurer Department: Financial Services Date: July 4, 2017 Recommendations 1. That Report No. FS17-032 be received; and 2. That a bylaw be enacted to amend By-law 5910-16, being a bylaw to define the procurement policies and procedures for the Corporation of the Town of Aurora, at the Council meeting of July 11, 2017. Executive Summary Staff have been undertaking a review of the Town’s procurement processes, and the Town’s procurement bylaw, being By-law No. 5910-16. This report seeks approval to amend the by-law for amendments in the following areas: • Emergency purchases • Black-out period • Exceptions and schedule of exceptions to procurement processes • Piggybacking contracts • Other minor grammatical/spelling or minor amendments Background Municipal procurement processes are to be followed for all purchases of goods, materials, services and construction regardless of dollar value, although processes may be differentiated depending on dollar value. Key components of public procurement include openness, transparency, accountability and fair opportunity to all bidders. Special provisions must also be included to ensure compliance with provincial, federal and international trade treaties and agreements. Since late 2016, staff have been undertaking a review of the Town’s procurement processes, documentation and the procurement bylaw. Consultation and discussion has Council Meeting Agenda Tuesday, July 11, 2017 Item R2 Page 1 of 8 July 4, 2017 Page 2 of 8 Report No. FS17-032 been undertaken across the organization, and with a wide range of staff responsibility levels. The objectives of the review were to identify changes to process and/or the bylaw which would result in improved clarity of process and expectations, consistency of application, reduction of red-tape, improve accountability, transparency, and improve completeness of documentation for each purchase. This report will update Council on process changes already made, speak specifically to amendments to the procurement bylaw which are being recommended for administrative clarity, and outline the next steps in the review. Analysis A review of current practices found wide variety of processes in place throughout the Town’s structure In the fall of 2016, staff began the process of documenting the procurement processes which were currently in place throughout the town. Processes were found to be distinctively different in different areas of the Town despite a central procurement bylaw and process. Overtime, the practices of each work area had evolved incrementally as different individuals or circumstances arose. This soon created confusion of what the real process was supposed to be, and immediately, this would result in poor compliance, lowered transparency and perhaps lowered accountability. Unified consistent processes have now been documented, and are in place throughout the Corporation. Processes for the normal and regular procurement of goods, services, materials and construction have been simplified down to two easy to follow flow charts. Training is taking place during June to ensure all staff understand the requirements of these processes. The flow-charts are centrally located on the Town’s intranet for consistent referral by all staff. An updated insurance and risk requirements chart has been prepared and posted to the intranet for all staff. Further, a simplified insurance and risk requirements chart is being prepared specifically for the periodic reference by client department staff which will assist in understanding, consistency of application and thereby compliance with risk management requirements. Once the simplified version is available, the more complex and complete version will be used only by Procurement Services Division staff and our Legal Services Division. This approach will ensure consistent application of risk management requirements, centralized documentation of the procurements, and improved service to our client department groups. Council Meeting Agenda Tuesday, July 11, 2017 Item R2 Page 2 of 8 July 4, 2017 Page 3 of 8 Report No. FS17-032 A key change to process has been the elimination of the need for client departments to enter and process purchase requisitions for all purchases The purchase requisition system is very cumbersome to use, and is very sensitive to inputs, as they have an impact on how invoices get paid, as well as how purchasing commitments get reflected in the accounting and budget systems. By removing client departments from the process, immediate gains in consistency and problem solving were captured. Under the new processes, staff have completely eliminated the burdensome requirement of issuing purchase orders for purchases less than $5,000. Appropriate measures are already in place to not permit splitting of purchases into two or more pieces so as to avoid processes required for purchases over $5,000. All normal purchases over $5,000 still require competitive procurement, and the issuance of a formal purchase order; however, these processes will be navigated on behalf of the client department by an assigned Procurement Services Division staff member who will carry each assigned procurement matter from cradle to grave, including creating and issuing the purchase order. Administrative updates to the Procurement Bylaw recommended at this time The procurement bylaw of the Town sets out a wide variety of process, requirements and exemptions, as well as certain critical thresholds with regards to process and approvals, such as all purchases over $100,000 must be approved by Council. At this time, staff are not seeking amendments to the thresholds, but rather other administrative amendments to improve clarity, accountability, consistency and practicality to the bylaw. The following sections speak to the recommended bylaw changes. Bylaw change #1 – Emergency Purchases The emergency provisions of the procurement bylaw are intended to speak to the authority of the bylaw during a community emergency management situation, as well as other urgent situations which may arise for which seeking competitive bidding and following procurement practices is not appropriate due to the circumstance and its impact or potential threat to life, property or services. The proposed bylaw amendments in Section 13 focus on bringing clarity to the various emergency circumstances, and the processes to be followed in each case. It also gives authority to the Chief Building Official for approval of emergency purchases in appropriate circumstances, such as mitigation of a potential building collapse. The changes are intended to reduce confusion and inconsistent interpretation of the current bylaw provisions. Council Meeting Agenda Tuesday, July 11, 2017 Item R2 Page 3 of 8 July 4, 2017 Page 4 of 8 Report No. FS17-032 Bylaw change #2 – Black-out Period The black-out period and the anti-lobbying clauses of the bylaw are intended to ensure procurements are undertaken and decided upon free from outside influence from bidders or other groups. Generally, the black-out period and the anti-lobbying clauses are similar across municipalities, stating that the black-out period starts at the issuance of the bid call documents, and ends with the issuance of the Purchase Order to the selected vendor. During the black-out period, vendors are only to make contact with Procurement staff, and not with departmental staff. In the circumstances where a contract award is the subject of a staff report, vendors often want to discuss getting the work started immediately following council approval. The bylaw amendments proposed will now lift the black-out period for conversations once Council has approved the contract award, however, no billable work is to commence until following the issuance of the Purchase Order, which is the formal contract for the work. The minor amendment will allow work scheduling and finalizing logistics to occur with the selected vendor immediately following Council approval, while the Purchase Order and obtaining executed agreements and insurance and other risk management documents is occurring. The anti-lobbying provision was updated to a consistent definition of the black-out period for clarity. Bylaw change #3 - Exceptions to the Procurement Processes Currently Schedule A to the Procurement By-law sets out a list of items which are not subject to the competitive bid requirements of the bylaw, but it does not currently exempt them from the requirements for purchase orders. This appears to have been an oversight in past drafting of the bylaw. It currently implies that to make payroll deduction remittances to the federal or provincial agencies requires a purchase order to be issued. Clearly this is inappropriate. Accordingly, the current proposed amendments make it clear that all competitive procurement processes, and requirements for purchase orders are exempted for the listed items. The listed items are substantially unchanged from before, however the headings have been removed. All payments made continue to require complete and adequate supporting documentation, and internal approvals before payments are issued. Bylaw change #4 - Piggybacking contracts Piggybacking contracts is the process of joining in on a competitive bid outcome and its vendor, but from another bid issuing agency, municipality or organization. Recent Council Meeting Agenda Tuesday, July 11, 2017 Item R2 Page 4 of 8 July 4, 2017 Page 5 of 8 Report No. FS17-032 purchases made by the Town by piggybacking on other agency’s competitive contracts include: • Fire hydrant inspection and maintenance services • Cleaning and sealing cracks in asphalt • Sign reflectivity inspection services • Supply and delivery of office supplies • Courier services • Catchbasin cleaning. The Town’s current piggyback clause limits the town to piggyback only where the initial call documents of the issuing agency made clear that piggybacking by other agencies must be permitted by the respondent and selected bidders. Frequently, selected vendors are willing to offer their same pricing to other agencies even if the bid documents did not require piggyback opportunities. The proposed amendment simply allows Aurora to piggyback on favourable contracts of other agencies where piggybacking was specified, or where the vendor is willing to do so. Piggybacking only occurs on competitively bid contracts, and only where the town’s best interests are served. Doing so often saves the Town weeks of process time and hours of staff time for routine procurements. Bylaw change #5 – Various other administrative amendments or corrections. With the elimination of the requirement for purchase orders for purchases of less than $5,000, corresponding amendments are required in Schedule D. Other typographical and administrative amendments have been made to correct grammar, spelling, flow and presentation. Next steps The next steps of the Procurement Review include the following: 1. Continued training of changes made to date in process and bylaw amendments 2. Develop template type procurement reports for Council agenda based on reviews of other municipalities, Town standards, and ease of use by client departments. 3. Present to Council recommended changes to procurement approval threshold framework, revising upward the low value purchase threshold, and the approval limits for the CAO and Directors. This would mean a proposed increase to the Council Meeting Agenda Tuesday, July 11, 2017 Item R2 Page 5 of 8 July 4, 2017 Page 6 of 8 Report No. FS17-032 current $100,000 threshold above which all contract awards and purchases must be approved by Council. Detailed report will address these proposals. Advisory Committee Review None Financial Implications None directly. Indirectly through improving efficiency of the procurement processes, and reducing client department red tape, administrative efficiencies will be experienced by all departments. Additional staff resources were added to the Procurement Services Division during the 2017 budget to accommodate the anticipated increase in work load from the changes made. Adequacy of staff capacity within Procurement Service Division will continue as the changes made take full effect. At this time, despite widespread requests from client departments to do so, the approval thresholds of the current procurement bylaw are not proposed to be amended. It is staff’s intent to implement the changes made to date as outlined in this report first. Staff will likely approach the Finance Advisory Committee with proposed threshold changes in the fall of 2017 or early 2018. Many municipalities have adopted practices of very high staff level approval authorities for competitive bidding processes which result in awards to the lowest bidder, and for which adequate funding was approved within the budget. This approach will be discussed in detail in our future report on bid approval threshold changes. Communications Considerations None – bylaw changes will be communicated to bidders as appropriate, and will be reflected in all contracts, purchase orders and agreements, and daily processes. Changes in process are being communicated to all affected staff through training sessions and updated printed materials and intranet resources. Link to Strategic Plan Updating and clarifying the Town’s procurement bylaw contributes to achieving the Strategic Plan guiding principle of “Leadership in Corporate Management” and improves transparency and accountability to the community. Council Meeting Agenda Tuesday, July 11, 2017 Item R2 Page 6 of 8 July 4, 2017 Page 7 of 8 Report No. FS17-032 Alternative(s) to the Recommendation Committee may choose to make alternate or additional amendments to the procurement by-law 1. Committee may choose to make alternate or additional amendments to the procurement by-law. 2. Committee may seek additional information prior to making any recommendations to Council in this regard. Conclusions Staff are progressing through the Procurement Process review, and have identified areas of the Town’s procurement by-law which require improved clarity or other minor amendments. This report outlines the areas proposed for change, and seeks approval to make the formal bylaw amendments. At this time, staff are not proposing any changes to the role of Council or the threshold at which Council is involved in the procurement processes and activity of the Town. As outlined in this report, the single largest change in process to date is the elimination of the requirement for a purchase requisition and its related Purchase Order for all purchases less than $5,000, and the centralization of the preparation of all Purchase Orders for purchases over $5,000 into the Procurement Services Division. Attachments None Previous Reports The last amendment to the Procurement Bylaw was done by way of Report No. FS16- 031 Procurement By-aw update for eProcurement, presented to General Committee on October 18, 2016 Pre-submission Review Agenda Management Team review on June 15, 2017 Council Meeting Agenda Tuesday, July 11, 2017 Item R2 Page 7 of 8 Council Meeting Agenda Tuesday, July 11, 2017Item R2 Page 8 of 8 Town of Aurora General Committee Report No. IES17-034 Subject: Restoration of retaining wall and stairs at the Temperance Street Parking Lot Prepared by: Jim Tree, Acting Manager of Operations Department: Infrastructure and Environmental Services Date: July 4, 2017 Recommendations 1. That Report No. IES17-034 be received; and 2. That a new 2017 Capital Project No. 31173 “Temperance Street retaining wall and stairs restoration” be approved in the amount of $60,000 funded from the Roads & Related Repair and Replacement Reserve Fund. Executive Summary The purpose of this report is to provide Council with information on the current situation associated with a failed retaining wall and stairway in the vicinity of the Temperance Street parking lot and a plan of action in resolving this outstanding matter as follows:  To provide past history on the matter of the Temperance Street parking lot retaining wall and stairs.  To advise Council of an operational issue that must be addressed in order to resolve an outstanding matter associated with the condition of a Municipal Asset.  To identify a source of funding required to perform the necessary work to restore the Temperance Street parking lot and stairs. Background The retaining wall and stairs have fallen into a state of significant disrepair and require a complete restoration in order for the structure to continue to provide its intended purpose. This retaining wall and stairway is located on the north side of the Temperance Street parking lot on a municipal right-of-way. The retaining wall provides retention of a gradient elevation transition of approximately 1.5 meters and includes a stairway to Council Meeting Agenda Tuesday, July 11, 2017 Item R3 Page 1 of 6 July 4, 2017 Page 2 of 5 IES17-034 facilitate access to the upper level and the Wellington Street sidewalk. These stairs are used by patrons and residents who frequent the Yonge Street businesses and those who reside in the downtown core area. This retaining wall structure was constructed in 1985 (based on an approved plan that has been kept on file); however, the retaining wall has fallen into a state of disrepair over the years and, more recently, has been closed off to the public for safety concerns. The Town has been maintaining and repairing this structure. Staff have received complaints as the stairway has been closed off for a lengthy period of time, causing inconvenience to residents. Staff recommend that this restoration work proceed as soon as possible rather than defer the repairs until the presentation and approval of the 2018 Capital Budget. This is based on the length of time that this infrastructure has been non-functional and the associated inconvenience to the users as well as the public safety related concerns with the existing wall and stair system. Analysis Outstanding property ownership issue to be resolved which may result in the Town taking responsibility for this infrastructure The Town has maintained this entire infrastructure for many years. With the deteriorating condition of this retaining wall over a period of years, staff are now receiving safety-related complaints from residents/users of this stairway. Staff have attempted to identify the actual owner of the property and the retaining wall, resulting in a comprehensive title search process and the outcome was there is no registered owner of the property. The Town has maintained the property for many years because of the interests of the general public that this infrastructure provides. The Town’s Legal Services Division had initiated a process that may result in the Town taking official title over the lands which may have the lands coming into the Town’s ownership in the near future. Legal Services worked with the Land Registry Office to make the application. However, as a result of staffing changes at the Land Registry Office, the application process has been delayed. While it is expected that Legal Services will re-apply, it is not known when or if the Town will be successful in taking official title over the lands. Council Meeting Agenda Tuesday, July 11, 2017 Item R3 Page 2 of 6 July 4, 2017 Page 3 of 5 IES17-034 Nevertheless as the Town has assumed all of the maintenance in the Temperance Street parking area for many years, it is incumbent upon the Town at this time to resolve this matter by completing the retaining wall repairs and mitigating any risk that may arise as a result of the existing conditions. Retaining Wall and stairs must be completely removed and rebuilt in accordance with current engineering standards Due to the advanced state of deterioration in the retaining wall, railings and stairs, the retaining wall must be completely removed and reconstructed and the Town’s soils consulting engineering firm has been engaged to provide a design for the new wall. IES Engineering staff are assisting in this process and have set a budget amount of $65,000 for the project which does not include contract administration costs as these services will be provided by Engineering staff. Upon completion of the detailed design, staff will issue a formal request for quotation to retain a contractor and the project will commence later this summer with completion in the fall of 2017. This schedule may vary depending on a number of factors associated with procurement, weather and site conditions. An in-year financial contribution from the Roads Replacement and Restoration Reserve Fund will be required to fund this project Staff have confirmed that this project was not identified in the 10 Year Capital R&R Roads forecast as this project was not identified as municipal infrastructure works. As such, it is necessary to allocate funds from the Roads Replacement & Restoration Reserve Fund for this in-year expense. Staff have been advised by the Director of Financial Services that sufficient funding is available to enable the project to proceed in 2017. Advisory Committee Review Not applicable. Financial Implications The upset amount of $65,000 has been estimated by IES Engineering staff for the project as follows: Council Meeting Agenda Tuesday, July 11, 2017 Item R3 Page 3 of 6 July 4, 2017 Page 4 of 5 IES17-034 Item Cost Total Removals $3,000 $3,000 New Wall $30,600 $30,600 Drainage and Restoration $19,510 $19,510 Contingency 10% $5,310 Application/Registration Fees $5,000 $5,000 $63,410 Staff recommend that the upset limited amount of $65,000 be allocated from the Roads Replacement and Repair Reserve Fund to provide for the restoration of the Temperance Street parking lot retaining wall and stairs. Communications Considerations There is no external communication required. Link to Strategic Plan This project supports the strategic plan goals of supporting an exceptional quality of life for all and supporting environmental stewardship and sustainability by investing in a plan that will: Alternative(s) to the Recommendation Option 1: Council may choose to not proceed with funding this project and to defer the project to the 2018 Capital Budget for separate consideration and approval; however, this may result in further degradation of the infrastructure and create potential operational issues and concerns including public liability associated with inoperable infrastructure. Council Meeting Agenda Tuesday, July 11, 2017 Item R3 Page 4 of 6 Council Meeting Agenda Tuesday, July 11, 2017Item R3 Page 5 of 6 Attachment No. 1 Council Meeting Agenda Tuesday, July 11, 2017 Item R3 Page 6 of 6 Town of Aurora General Committee Report No. PRCS17-027 Subject: Tax Exempt Status for Sports Dome Prepared by: Allan D. Downey, Director, Parks, Recreation and Cultural Services Department: Parks, Recreation and Cultural Services Date: July 4, 2017 Recommendations 1.That Report No. PRCS17-027 be received; and 2.That the Aurora Sports Dome (Soccer Dome) be declared a Municipal Capital Facility for the purposes of the municipality and for public use; and 3.That by-law be enacted authorizing the Mayor and Clerk to enter into a Municipal Capital Facility Agreement with the operators of the Aurora Sports Dome; and 4.That, once the Municipal Capital Facility Agreement is entered into, a by-law be enacted to exempt the portion of the lands upon which the Aurora Sports Dome is located from all of the taxes for municipal and school purposes; and 5.That the Mayor and Town Clerk be authorized to execute any necessary agreements, including any and all documents and ancillary agreements required to give effect to same. Executive Summary The purpose of this report is to: Apply for tax exemption under the provisions of the Municipal Act, 2001 (the “Act”) for the Aurora Sports Dome. Tax exemption will eliminate payment of Municipal, Regional and Education al Taxes. Tax exemption on the Aurora Sports Dome will create a reduction in the Operating Budget of the Town. Report No. PRCS17-006 was deferred from the March 28, 2017 Council meeting. Council Meeting Agenda Tuesday, July 11, 2017 Item R4 Page 1 of 4 July 4, 2017 Page 2 of 4 Report No. PRCS17-027 Background The Aurora Sports Dome (the “Sports Dome”) is a soccer facility located on Legion Field, a portion of lands within the Lambert Wilson Park, and is being operated by 1651883 Ontario Inc., which entity is managed by the same group as the Tennis Bubble. The Sports Dome is subject to an agreement that was entered into in 2005 and is currently subject to regional and school board taxes, which have been covered by the Town. Analysis Section 110 of the Municipal Act, 2001 permits tax exemptions Section 110 of the the Act allows municipalities to declare facilities as Municipal Capital Facilities and to exempt the land or a portion of the lands upon which they are situated from taxes levied for municipal and school purposes, provided that certain requirements are met under the Act and Ontario Regulation 603/06. One of those requirements is that the subject facility be declared “for the purpose of the municipality and for public use”. Once this declaration is approved through a Council resolution, a Municipal Capital Facility Agreement may be entered into with respect to the subject facility and a by-law exempting the land from the taxation may be passed. Ontario Regulation 603/06 sets out classes of facilities that may be exempted under section 110 of the Act and the associated requirements under such classes. In the case of the Tennis Bubble and the Soccer Dome, both the facilities may be classified under two categories:  Category 14 - Municipal community centre o The facilities are primarily used for local community activities.  Category 16 - Municipal facilities used for cultural, recreational or tourist purposes o The facilities are used for recreational purposes. o Pursuant to the agreements for both the facilities, upon expiry of the lease agreements with the operators, the facility is either owned or will revert to the Town along with the land on which it is situated. Council Meeting Agenda Tuesday, July 11, 2017 Item R4 Page 2 of 4 July 4, 2017 Page 3 of 4 Report No. PRCS17-027 Tax Exempt Status applies to Municipal, Regional and Educational taxes The provisions of the Act allow for an exemption from all taxes including Municipal, Regional and Educational. Presently, the Town pays the Regional and Educational portion. The Town has been paying taxes on the Sports Dome since its opening, with the funds being carried in the Parks, Recreation and Cultural Services Operating Budget for that purpose. Advisory Committee Review No review. Financial Implications The tax exempt status for the Sports Dome would reduce the Operating Budget by $50,992 per year. The Municipal portion of this levy is $10,450.81. Communications Considerations No communication considerations at this time. Link to Strategic Plan The tax exempt status for the Sports Dome and the Tennis Dome supports the Strategic Plan goal of Supporting an Exceptional Quality of Life for all through its accomplishment in satisfying requirements in the following key objectives within this goal statement: Develop a long-term needs assessment for recreation programs, services and operations to march the evolving needs of the growing and changing population. Alternative(s) to the Recommendation 1. Option 1: Council may choose not to explore tax exempt status. Conclusions Staff have explored the tax exemption process and find it beneficial to the Town to facilitate a tax exemption status for the Sports Dome. The facility is operated under Council Meeting Agenda Tuesday, July 11, 2017 Item R4 Page 3 of 4 Council Meeting Agenda Tuesday, July 11, 2017Item R4 Page 4 of 4 Town of Aurora General Committee Report No. PRCS17-029 Subject: Purchase Order Increase for Program guide production and delivery Prepared by: Lisa Warth, Manager of Recreation Services Department: Parks, Recreation and Cultural Services Date: July 4, 2017 Recommendation 1. That Report No. PRCS17-029 be received; and 2. That the option to renew the York Region Media Group contract be exercised for the third and final year of the Contract ending December 31, 2018; and 3. That Purchase Order 654 be increased by $38,000 excluding taxes, to a total of $112,751.14 excluding taxes, to accommodate guide production for 2018. Executive Summary The purpose of this report is to outline the need to renew the third and final year option with York Region Media Group and to increase the purchase order by $38,000, excluding taxes. York Region Media Group provides the design, printing, delivery and overall production of the Parks, Recreation and Culture program guide. Winter 2018 program guide production begins in September, 2017. Background Staff issued a Request for Quotation in Spring 2015 for the production of the seasonal program guide. This guide is produced three times per year (Fall, Winter and a combined Spring/Summer issue). The guide typically ranges from 68 to 96 pages depending on the issue and is delivered to every household in Aurora with additional copies available at Town facilities and online. The guide includes a variety of information including program options, membership options, an overview of facilities, parks and trails, registration information, schedules for leisure swim & skate, a community directory and an advertising marketplace. The majority of the costs of the Council Meeting Agenda Tuesday, July 11, 2017 Item R5 Page 1 of 3 July 4, 2017 Page 2 of 3 Report No. PRCS17-029 guide are offset by revenue generated by selling advertisements for the advertising marketplace. The guide provides timely, relevant information to Aurora residents and is a critical communication tool. QB-RFQ # 2015-19 was released in July, 2015 for a one-year term and included an option to renew the agreement for two additional one year periods. The production period for the guide is typically September to August. Analysis Excellent Service York Region Media Group has provided excellent service with past issues of the guide. Their designers and staff are friendly, knowledgeable and flexible. The service is reliable and they often provide drafts etc., ahead of schedule. Administration has been smooth with required documents, questions etc. always provided in a timely manner. Important communication tool The Program guide is an important communication tool even as access to information electronically increases. The guide is essential in informing residents on program options, facility information, parks and trails, registration information and much more. Feedback suggests that residents like receiving the guide to their homes in a magazine style document and look forward to receiving it each season. Advisory Committee Review None required Financial Implications Sufficient funds have been allocated in the 2017 and 2018 operating budget. Communications Considerations None. Council Meeting Agenda Tuesday, July 11, 2017 Item R5 Page 2 of 3 Council Meeting Agenda Tuesday, July 11, 2017Item R5 Page 3 of 3 Town of Aurora General Committee Report Subject: Summary of Committee Recommendations Report No. 2017-06 Prepared by: Samantha Yew, Deputy Town Clerk Department: Corporate Services Date: July 4, 2017 Recommendation 1. That Summary of Committee Recommendations Report No. 2017-06 be received; and 2. That the Committee recommendations contained within this report be approved. Trails and Active Transportation Committee Meeting Minutes of April 21, 2017 1. TATC17-001 – Atkinson Park Trail (a) That, pending Council approval, the Atkinson Park Trail project be included in the 2018 Capital Budget for Council’s consideration and approval. 2. TATC17-002 – Highland Gate Trails (a) That the recommendations and suggestions from the Trails and Active Transportation Committee be taken into consideration by staff and Council in the development of the final draft of the Highland Gate Trails Concept Plan, in accordance with the guidelines set out in Section 5.6 of the Town’s Trails Master Plan respecting trail lighting; and (b) That the final draft of the Highland Gate Trails Concept Plan be brought to the Trails and Active Transportation Committee and the Accessibility Advisory Committee for consideration and comment, prior to submission to Council for final approval. Council Meeting Agenda Tuesday, July 11, 2017 Item R6 Page 1 of 3 July 4, 2017 Page 2 of 3 Committee Recommendations Report No. 2017-06 New Business Motion No. 1 (a) That staff be directed to investigate the connectivity to Newmarket and the costs of completing the multi-use path between State Farm Way and St. John’s Sideroad. Heritage Advisory Committee Meeting Minutes of May 8, 2017 1. HAC17-011 – Heritage Permit Application, 16 Maple Street, File: NE-HCD-HPA- 17-09 (a) That the demolition of the existing 47m2 rear addition and existing accessory structure be approved; and (b) That Heritage Permit Application NE-HCD-HPA-17-09 be approved to permit the construction of an 88m2 rear addition and replace existing windows as per submitted plans. 2. Heritage Permit Application, Proposed Accessory Structure, 66 Wellington Street East, File Number: IV-HPA-17-10 (a) That Heritage Permit Application IV-HPA-17-10 be approved to permit the construction of a 34m2 accessory structure. Governance Review Ad Hoc Committee Meeting Minutes of May 9, 2017 2. Report from Dr. Robert J. Williams, Consultant Re: Systems of Representation (a) That a review of the system of representation used by the Town of Aurora be postponed until the 2018-2022 term of Council due to the time restrictions in place; and (b) That, in order to have a productive, Town-wide, discussion of a review of the system of representation, this review be initiated early in the next term of Council. Council Meeting Agenda Tuesday, July 11, 2017 Item R6 Page 2 of 3 July 4, 2017 Page 3 of 3 Committee Recommendations Report No. 2017-06 New Business Motion No. 1 (a) That in order to provide enough time to thoroughly complete its mandate, a Governance Review Ad Hoc Committee be established within the first 12 months of the 2018-2022 Council term. Council Meeting Agenda Tuesday, July 11, 2017 Item R6 Page 3 of 3 Town of Aurora Council Report No. FS17-035 Subject: Interim Operating Budget Forecast – as at May 31, 2017 Prepared by: Jason Gaertner, Manager, Financial Planning Department: Financial Services Date: July 11, 2017 Recommendation 1. That Report No. FS17-035 be received for information. Executive Summary This report presents to Council the information necessary to effectively monitor the financial performance of the corporation’s operating budget presented as at May 31, 2017. As of this date, the corporation is forecasted to conclude the fiscal year with an unfavourable variance of $126,500 from the Town’s tax levy funded operations and a favourable variance of $867,300 from its utility rate funded operations. • Staff will strive to maintain this expected outcome for the year • If required, any tax levy funded operating budget deficit that remains at fiscal year-end will be offset by an equivalent value reduction in the contribution of excess supplementary tax revenues to reserves, while any resultant surpluses would be contributed to stabilization reserves • Any excess or shortfall in the rate funded program revenues at fiscal year-end will be contributed to or funded from rate reserves Background To assist Council in fulfilling its roles and responsibilities with respect to Town finances and accountability, the Financial Services Department has worked with all departments to review the corporation’s operating budget financial performance to date. Each Director has reviewed his/her respective department’s operating budget with its results to date and remaining outstanding plans, and forecasted an expected year end position. Finance staff have reviewed each submission and performed the necessary consolidation. Council Meeting Agenda Tuesday, July 11, 2017 Item R7 Page 1 of 10 July 11, 2017 Page 2 of 7 Report No. FS17-035 Tax Levy Funded Operating Budget Deficit Forecasted Staff currently forecast that the town’s tax levy funded operating budget will finish the year with an anticipated deficit of $126,500. A detailed break-down of the Town’s forecasted variance by department can be found on attachment #1. The report has been simplified to show only the net budget amount, the forecasted ending position for each item, and the variance. Staff have similarly reviewed the results of operations to date and the expected year end forecasted positions for the water, wastewater, and storm water program budget which is presented in Attachment #2. Staff currently forecast that the Town’s utility operations are on pace to finish the year with a surplus of $867,300. Items of note are presented by department in the Analysis Section below. The forecasts and representations are those of each Director, and have not been revised by finance staff. Each department Director is charged with delivering their approved portfolio of municipal services within their approved budget. They may manage issues encountered throughout the year by reallocating approved financial resources amongst their budget detailed line items, so as to best deliver their overall service portfolio in the circumstances of an ever changing community, operating environment and economic conditions. Analysis Operating Budget Overall, the Town’s approved budget for 2017 includes $60,814,800 in approved expenditures, together with $18,993,100 in revenues consisting of user fees, charges, and investment income, and a total “town purposes” tax levy for the year of $41,821,700. Upon detailed review of the consolidated forecast as of the end of May, the corporation is projected to conclude the fiscal year with an estimated operating budget deficit of $126,500. This forecast is based upon the best information and estimates available at this time. Accordingly, the forecast will continue to be subject to change over the remainder of the fiscal year, meaning there will continue to be influencing variables that are difficult for staff to estimate such as development driven revenues, investment income as well as the ultimate level of town services that will be consumed by fiscal year end. Staff will continue to remain vigilant to realize budget savings whenever possible in order to minimize or eliminate any deficit by year end. In previous years, the Town budgeted a “salary gapping savings” amount of $150,000 under the corporate expenses section of the budget. This provision is to recognize that while salaries in all departments are based on 100% usage, with no staff departures, in Council Meeting Agenda Tuesday, July 11, 2017 Item R7 Page 2 of 10 July 11, 2017 Page 3 of 7 Report No. FS17-035 reality there is some staff turnover and periodic vacancies that arise naturally during the year. New for 2017, this amount has been identified in full in the Corporate Accounts section of the budget, but is then allocated to each operating department on a pro-rata basis. CAO and Council – No Variance The CAO and Council budget areas are currently forecasting to conclude the fiscal year with a budget variance of zero. Corporate Services - $107,100 favourable Corporate Services’ forecasted favourable variance of $107,100 (1.5%) on a net operating budget of $7,022,200 arises mostly from insurance premium, software license and vacant position savings. These savings have been partially offset by unplanned one-time health & safety and compensation review consulting costs. Financial Services - $31,200 unfavourable The unfavorable forecasted budget variance of $31,200, or 2.3% on a net operating budget of $1,371,600 relates to unexpected staff turnover requirements, and a position uplift to meet heavy internal demands for procurement services which has been partially offset by higher than anticipated administrative revenues (property tax ownership changes, water account ownership changes admin fees and tax certificates) driven by an increase in the volume of sales of new and used homes. Fire Services - no variance The Newmarket Finance Department is reporting that the Central York Fire Services budget is on track at this point in time. Infrastructure & Environmental Services - $325,000 unfavourable The Infrastructure & Environmental Services (IES) program is currently forecasting a deficit of $325,000, or 2.6% on a net operating budget of $12,689,700. This deficit is attributable to an unplanned 2016 snow management invoice being paid in 2017, greater than anticipated town facility and streetlight electricity costs and unexpected compressor repairs at the SARC. These costs are partially offset by anticipated waste collection and engineering services savings. Parks, Recreation & Cultural Services - $61,700 favourable The Parks, Recreation & Cultural Services Department is anticipating an overall favourable budget variance of $61,700, or 1.6% on a net operating budget of $3,934,100. The key contributors to this identified variance relate to anticipated salary savings in Business Support and Community Programs and increased sponsorship revenues which have been partially offset by larger than anticipated active net user charges. Council Meeting Agenda Tuesday, July 11, 2017 Item R7 Page 3 of 10 July 11, 2017 Page 4 of 7 Report No. FS17-035 Planning & Building Services - $129,200 favourable The Planning & Building Services Department is forecasting an overall favourable budget variance of $129,200 on a net operating budget of ($31,000) attributable primarily to vacant position and contract savings; in addition to larger than anticipated development driven revenues from site plan fees. Building Services is a self-funded function as per provincial legislation. Consequently, if it is unable to recognize sufficient revenues to offset its expenses in a given fiscal year, it will draw from its dedicated reserve in order to balance its operating budget. If it recognizes excess revenues, these revenues are utilized to replenish its dedicated reserve. Currently, Building Services is anticipating concluding the fiscal year with a small surplus which will be contributed to its dedicated reserve. Corporate Revenues & Expenses - $65,300 favourable Corporate Revenues & Expenses are projected to conclude the fiscal year with an favourable budget variance of $65,300, or 1.4% on a net operating budget of $4,811,500 attributable to larger than anticipated supplementary tax revenues which have been partially offset by larger than expected tax amounts owing being written off and a minor increase in post-retirement health and dental benefit premium requirements for staff who have recently retired early. Post-retirement benefits end upon the recipient reaching their normal retirement age. The above noted larger supplementary tax revenues relate to the further recognition of assessment growth that had not been realized as budgeted; staff’s expectation is that the unrealized assessment growth still occurred, however instead it will now manifest itself through higher than expected in-year supplementary taxes. Accordingly, staff are now forecasting a $133,600 favourable variance in supplementary tax revenues, which will not be contributed to reserves and will instead offset the equivalent tax levy deficit. Total Tax Levy - $133,600 unfavourable In an effort to achieve an approved operating budget for the upcoming year prior to the year commencing, the Town must estimate its tax assessment base growth for the upcoming year as the final figure is not yet available at the time of budget’s creation. The Town is anticipating that it will collect a total of $41,688,100 in tax levy revenue for 2017, which is $133,600 less than what was budgeted. These lower than anticipated revenues relate to the Town’s overestimate of its 2017 growth in its tax assessment base upon which the year’s property taxes are calculated; the budget anticipated an assessment growth of 4.10% while the final assessed growth for 2017 was 3.36%. As noted above, staff now expect that this additional assessment growth still occurred, however instead it will now manifest itself through higher than expected in-year supplementary taxes. This revenue short-fall is fully offset by an equivalent supplementary tax revenue surplus under Corporate Revenues. Council Meeting Agenda Tuesday, July 11, 2017 Item R7 Page 4 of 10 July 11, 2017 Page 5 of 7 Report No. FS17-035 Operating Budget Summary Overall, the management team of the Town of Aurora are predicting that the general municipal operations budget will end the year in deficit position of $126,500, if the planned budget contribution from supplemental taxes is to be realized. Any deficit that remains at fiscal year-end would be offset by an equivalent reduced contribution of excess supplementary tax revenues to reserves, while any resultant surpluses will be moved to stabilization reserve funds. Water, Wastewater and Storm Water Budget The water and wastewater budgets are comprised primarily of fixed operational costs, funded by the net proceeds from the sale of water and wastewater services. These fixed operational costs include staff and service maintenance costs related to maintaining the infrastructure systems, water quality testing, and the billing and customer service functions. These costs are not directly impacted by the volume of water flowing through the system. These fixed costs are funded from the net revenues earned which are variable in nature due to the fact that they are based upon metered water consumption volumes. The water, wastewater and stormwater operations budget is currently projected to close the year with a favourable budget variance of $867,300 primarily attributed to greater than anticipated development driven water meter sale revenues combined with contact and salary savings. This forecasted variance will continue to be subject to change particularly over the summer months as the average daily temperature and level of rainfall received have a direct relationship to the volume of water consumed. Advisory Committee Review Not applicable Financial Implications The actual resultant annual surplus or deficit in the general operating budget and Water / Wastewater budgets will be allocated by Council to/from various reserves at fiscal year-end as per the Town’s surplus/deficit bylaw. There are no other immediate financial implications arising from this report. Council fulfills its role, in part, by receiving and reviewing this financial status report on the operations of the municipality relative to the approved budget. Council Meeting Agenda Tuesday, July 11, 2017 Item R7 Page 5 of 10 July 11, 2017 Page 6 of 7 Report No. FS17-035 Communications Considerations The report will be posted to the Town’s Budget and Financial Information web page for transparency and accountability. Link to Strategic Plan Outlining and understanding the Town’s present financial status at strategic intervals through-out the year contribute to achieving the Strategic Plan guiding principle of “Leadership in Corporate Management” and improves transparency and accountability to the community. Alternative(s) to the Recommendation 1. Provide direction to staff on specific management actions to be taken in order to further control expenditures, enhance revenues, or alter service levels with the intent of managing the year end results to a balanced position. Conclusions Having completed five months of operations, the management team of the Town is presently forecasting to end the year with an unfavourable budget variance from it tax levy funded operations of $126,500. Staff remain vigilant to realize budget savings whenever possible in an effort to continue to minimize or eliminate an operating budget deficit at year end. Any deficit that remains at fiscal year-end will be offset by an equivalent reduced contribution of excess supplementary tax revenues to reserves. The water, wastewater and storm water operations are currently projected to conclude the fiscal year with a favourable budget variance. Any surplus remaining at fiscal year- end will be contributed to the rate reserves. Staff recommend that this report be received. Attachments Attachment #1 – Net Operating Forecast Update Attachment #2 – Water, Wastewater and Storm Water Net Operating Forecast Update Council Meeting Agenda Tuesday, July 11, 2017 Item R7 Page 6 of 10 Council Meeting Agenda Tuesday, July 11, 2017Item R7 Page 7 of 10 Attachment 1 Shown in $,000's COUNCIL Council Administration 535.9$ 535.9$ -$ - Council Programs/Grants 4.0 4.0 - - Advisory Committees 22.0 22.0 - - Council Office Total 561.9$ 561.9$ -$ - CHIEF ADMINISTRATIVE OFFICE CAO Administration 501.9$ 507.9$ (6.0)$ (1.2 %) Communications 734.9 728.9 6.0 0.8 % Chief Administrative Office Total 1,236.8$ 1,236.8$ 0.0$ 0.0 % Council and C.A.O. Combined 1,798.7$ 1,798.7$ 0.0$ 0.0 % CORPORATE SERVICES Legal Services 891.3$ 831.3$ 60.0$ 6.7 % Legislative Services 1,260.0 1,178.6 81.4 6.5 % CS Administration 428.9 474.8 (45.8) (10.7 %) Human Resources 684.0 781.6 (97.6) (14.3 %) Elections 82.5 84.7 (2.2) (2.7 %) Information Technology 1,899.2 1,878.6 20.7 1.1 % Telecommunications 260.0 212.7 47.3 18.2 % By-law Services 551.5 525.2 26.3 4.8 % Animal Control 242.0 246.8 (4.8) (2.0 %) Customer Service 699.8 678.1 21.7 3.1 % Emergency Preparedness 23.0 22.9 0.1 0.4 % Corporate Services Total 7,022.2$ 6,915.1$ 107.1$ 1.5 % FINANCIAL SERVICES Policy & Planning Administration 304.5$ 297.7$ 6.9$ 2.3 % Accounting & Revenue 285.7 250.0 35.7 12.5 % Financial Planning 430.0 430.0 0.0 0.0 % Procurement Services 351.4 425.2 (73.8) (21.0 %) Financial Services Total 1,371.6$ 1,402.8$ (31.2)$ (2.3 %) FIRE SERVICES Central York Fire 10,225.0 10,225.0 - - Total Fire Services 10,225.0 10,225.0 - - INFRASTRUCTURE & ENVIRONMENTAL SERVICES IES Administration 493.5$ 545.2$ (51.7)$ (10.5 %) Engineering Service Operations (112.3) (155.9) 43.6 38.8 % Facilities & Fleet 6,606.2 6,942.4 (336.2) (5.1 %) Snow Management 1,563.7 1,395.5 168.2 10.8 % Road Network Operations 2,447.1 2,631.3 (184.2) (7.5 %) Waste Collection & Recycling 1,691.5 1,656.3 35.3 2.1 % Infrastructure & Environmental Services Total 12,689.7$ 13,014.7$ (325.0)$ (2.6 %) PARKS, RECREATION & CULTURAL SERVICES Parks & Recreation Administration 988.8$ 1,005.5$ (16.7)$ (1.7 %) Business Support (921.8) (971.3) 49.5 5.4 % Parks/Open Spaces 2,467.4 2,334.7 132.7 5.4 % Recreational Programming/Community Dev.1,399.7 1,503.4 (103.7) (7.4 %) Parks, Recreation & Cultural Services Total 3,934.1$ 3,872.3$ 61.7$ 1.6 % Town of Aurora Net Operating Forecast Update as at May 31, 2017 Variance Favourable / APPROVED BUDGET ANNUAL FORECAST (Unfavourable) Council Meeting Agenda Tuesday, July 11, 2017 Item R7 Page 8 of 10 Attachment 1 Shown in $,000's Town of Aurora Net Operating Forecast Update as at May 31, 2017 Variance Favourable / APPROVED BUDGET ANNUAL FORECAST (Unfavourable) PLANNING & BUILDING SERVICES Development Planning (633.2)$ (748.3)$ 115.1$ 18.2 % Long Range & Strategic Planning 602.2 588.1 14.1$ 2.3 % Net Building Department Operations (503.5)$ (503.5)$ -$ - Contribution to Building Reserve 503.5 503.5 -$ - Total Building Services - - - - Planning & Building Department Total (31.0)$ (160.2)$ 129.2$ 417.5 % CORPORATE REVENUE & EXPENSE Supplementary Taxes & Payments-in-Lieu (711.0)$(844.6)$ 133.6$ 18.8 % Penalties on Unpaid Property Taxes (900.0) (900.0) -$ - Overhead Cost Re-allocation to Building Services (453.8) (453.8) -$ - All Other Revenue (4,841.4) (4,891.6) 50.2$ 1.0 % Cash to Capital 4,837.8 4,837.8 -$ - All Other Expense 6,879.9 6,998.4 (118.5)$ (1.7 %) 4,811.5$ 4,746.2$ 65.3$ 1.4 % TOTAL TAX LEVY FUNDED OPERATIONS 41,821.7$ 41,814.6$ 7.1$ 0.0 % TOTAL TAX LEVY (41,821.7)$ (41,688.1)$ (133.6)$ (0.3 %) OPERATING (SURPLUS) DEFICIT - 126.5$ (126.5)$ (0.2 %) Deficit Deficit Council Meeting Agenda Tuesday, July 11, 2017 Item R7 Page 9 of 10 Attachment 2 Shown in $,000's APPROVED ANNUAL BUDGET FORECAST RETAIL REVENUES Water (11,249.8)$ (11,285.5)$ 35.7$ 0.3 % Wastewater (10,029.5) (10,059.4) 29.9$ 0.3 % Storm Water (1,451.6) (1,651.6) 200.0$ 13.8 % Retail Revenues Total (22,730.9)$ (22,996.5)$ 265.6$ 1.2 % TOTAL REVENUE (22,730.9) (22,996.5) 265.6 1.2 % WHOLESALE COSTS OF WATER & SEWER Water 6,796.0$ 6,796.0$ -$ - Sewage Discharge Fee 7,699.4 7,699.4 - - Wholesale Costs Of Water & Sewer Total 14,495.4$ 14,495.4$ -$ - NET CONTRIBUTION TO OPERATING COSTS (8,235.5)$ (8,501.1)$ 265.6$ 3.2 % OPERATING COSTS: Water Administration & Billing 1,300.8$ 1,262.9$ 38.0$ 2.9 % Water System Operations 1,414.0 802.7 611.3$ 43.2 % Wastewater System Operations 945.7 573.4 372.3$ 39.4 % Storm Water Management Operations 451.6 441.6 10.0$ 2.2 % Pumping Stations (Net)173.4 173.4 (0.0)$ (0.0 %) Reserve Contributions OUT 3,950.0 4,379.9 (429.9)$ (10.9 %) TOTAL OPERATING COSTS 8,235.5$ 7,633.8$ 601.7$ 7.3 % UTILITY BUDGET (SURPLUS) / DEFICIT 0.0$ (867.3)$ 867.3$ 3.8 % Surplus Surplus (Unfavourable) Town of Aurora Water, Wastewater and Storm Water Net Operating Forecast Update as at May 31, 2017 Variance Favourable / Council Meeting Agenda Tuesday, July 11, 2017 Item R7 Page 10 of 10 Town of Aurora Council Report No. FS17-036 Subject: Delegation of Authority to Award Contracts Prepared by: Dan Elliott, Director of Financial Services - Treasurer Department: Financial Services Date: July 11, 2017 Recommendation 1. That Report No. FS17-036 be received; and 2. That during the period of July 12 to August 31, 2017, the Chief Administrative Officer (CAO ) be delegated the authority to award contracts as a result of a bid solicitation that normally requires Council approval, and 3. That a report be submitted to Council outlining the details of any contract awarded pursuant to this authority. Executive Summary This report is to delegate authority to the Chief Administrative Officer (CAO) to award contracts normally approved by Council during the balance of the summer. • During the summer months, the schedule of Council may experience cancellations or special meetings. • Staff are anticipating that the scheduled August meeting of Council may be cancelled. • The business of the Town must continue uninterrupted as it pertains to awarding contracts and meeting the business and contractual needs of the organization. • Bylaw No. 5910-16, being a by-law to define the procurement policies and procedures for The Corporation of the Town of Aurora, as amended (the “Procurement By-law”) contains delegation of authority clauses, however due to the current schedule of planned meetings is insufficient at this time. Council Meeting Agenda Tuesday, July 11, 2017 Item R8 Page 1 of 5 July 11, 2017 Page 2 of 5 Report No. FS17-036 Background The Procurement By-law contains the following clauses which circumstantially delegate authority to award contracts to the CAO: 6.2 The CAO has the Authority to: (a) Instruct Department Heads not to Award Contracts, notwithstanding their Authority to do so under this by-law, and instead to submit recommendations for Contract Award to Council for approval; in addition, the CAO may provide additional restrictions concerning Procurement where such action is considered necessary and in the best interest of the Town; (b) Award Contracts during the time that regular Council meetings are suspended, during a period of Council recess in excess of thirty (30) days, or during the Election Period, as a result of a Solicitation that normally requires Council approval, provided that a report is submitted to Council (as soon as reasonably possible) setting out the details of any Contract Awarded pursuant to this Authority; Analysis During the summer months, the schedule of Council may experience cancellations or calling of special meetings Currently, Council meetings are scheduled for July 11, August 8, and resume their normal twice per month meetings with the first Council meeting on September 12, 2017. It is not uncommon for some summer Council meetings to be cancelled, and other special meetings of Council to be called to meet the business needs of Council. Staff currently are anticipating that the August meeting of Council may be cancelled Staff are currently in a position to cancel the General Committee and Council meetings of August 1 and August 8, 2017. All critical business of the Town appears to be completed with the July 11 meeting, and nothing of an urgent basis is expected to arise which cannot be addressed in the first cycle of meetings planned for September. However, there are a few competitive procurements which are expected to be closing during July and August which would require Council approval according to the Council Meeting Agenda Tuesday, July 11, 2017 Item R8 Page 2 of 5 July 11, 2017 Page 3 of 5 Report No. FS17-036 Procurement By-law. The following is a list of items which are expected, but this list is not intended to be exhaustive: • Award of tender – back up cameras for fleet • Award of tender – north pond dam reconstruction The current Procurement By-law delegation clauses may be insufficient to permit the CAO to approve these contracts on behalf of Council As the August meeting has not yet been formally cancelled, the 30 day recess condition of the existing by-law delegation clause will not currently be met. Depending on when the August meeting is formally cancelled, the 30 day period may still not get triggered. It is important that the procurements anticipated get awarded promptly to meet the operational needs of the Town. Therefore, for transparency, despite the current provisions of the bylaw, staff are requesting Council to delegate to the CAO the authority to award ccontracts during the period of July 12 to August 31, 2017, as a result of a bid solicitation that normally requires Council approval. A report will then be submitted to Council (as soon as reasonably possible) setting out the details of any contract awarded pursuant to this authority. Staff are expecting to revisit the wording of the delegated authority clauses of the Procurement By-law to bring clarity to such authority during summer sessions, and the pending election period. A report recommending bylaw amendments is anticipated in late fall or early 2018. Advisory Committee Review Not applicable Financial Implications There are no financial implications to the organization as a result of the delegated authority being sought. The delegated authority does not include authority to increase approved budgets. Any such contract awards must be within approved budgets. Communications Considerations None Council Meeting Agenda Tuesday, July 11, 2017 Item R8 Page 3 of 5 July 11, 2017 Page 4 of 5 Report No. FS17-036 Link to Strategic Plan Ensuring the routine business of the Town can continue during periods when Council is not meeting frequently contributes to achieving the Strategic Plan guiding principle of “Leadership in Corporate Management” and improves transparency and accountability to the community. Alternative(s) to the Recommendation 1. Receive only. 2. That during the period of July 12 to August 31, 2017, the Chief Administrative Officer (CAO) be delegated the authority to award contracts as a result of a bid solicitation that normally requires Council approval, provided that the value of such contracts are not more than 10% higher than the budgets for same previously approved by Council, and that a report is submitted to Council (as soon as reasonably possible) setting out the details of any contract awarded pursuant to this authority. 3. Other direction of Council Conclusions Due to possible changes to the schedule of Council meetings in August, and due to some circumstances in which the Procurement By-law delegated authority to award contracts may not be triggered, staff are recommending that the CAO be delegated clear authority to approve contract awards during the balance of the summer to ensure the routine anticipated business of the Town can continue without delay. Attachments None Previous Reports None Council Meeting Agenda Tuesday, July 11, 2017 Item R8 Page 4 of 5 Council Meeting Agenda Tuesday, July 11, 2017Item R8 Page 5 of 5 Town of Aurora Council Report No. PBS17-058 Subject: Community Improvement Plan Incentive Program Application 46 Wellington Street East Prepared by: Nick Kazakoff, Economic Development Officer Department: Planning and Building Services Date: July 11, 2017 Recommendation 1. That Report No. PBS17-058 be received; and 2. That the Façade and Signage Improvement Grant application for 46 Wellington Street East be approved and that funding in the amount of $15,000 be granted; and 3. That a by-law implementing the Heritage Property Tax Relief program be enacted; and 4. That the Heritage Property Tax Relief application for 46 Wellington Street East be approved and that funding in the amount of $4,000 per year over a five (5) year period be granted; and 5. That the Mayor and Clerk be authorized to enter into and sign any agreement, including any and all documents and ancillary agreements required to give effect to same. Executive Summary This report seeks Council direction on the Community Improvement Plan (CIP) Incentive Program applications made by the owner of 46 Wellington Street East (the “Property”) for both the Façade and Signage Improvement Grant Program and the Heritage Tax Relief Program. The applicant is proposing to renovate the existing building’s exterior which is listed in the Town of Aurora Register of Properties of Cultural Heritage Value of Interest. The renovations are in conjunction with Stonehaven Financial Group’s Head Office relocation to the Town of Aurora. Council Meeting Agenda Tuesday, July 11, 2017 Item R9 Page 1 of 6 July 11, 2017 Page 2 of 6 Report No. PBS17-058 Background Aurora Promenade Community Improvement Plan The Aurora Promenade CIP was approved by Council in February 2014. A CIP is a tool provided under the Planning Act that allows a municipality to offer financial incentives to the private sector to stimulate redevelopment. The incentive programs of the Aurora Promenade CIP represent a tailored response to the property (re)development needs within the CIP Area and include the objectives of: • Intensification of retail, commercial and mixed uses, particularly in the downtown, bringing underutilized and/or vacant sites and buildings into the highest and best uses; and • Heritage-sensitive property enhancements and upgrades through a range of signage, façade and exterior improvements along gateway and commercial corridors The seven Aurora Promenade CIP Incentive Programs are: 1. Façade and Signage Improvement Grant Program 2. Building Restoration, Renovation and Improvement Program 3. Development Charges Grant Program 4. Tax-based Redevelopment Grant Program 5. Heritage Property Tax Relief Program 6. Environmental Remediation Tax Assistance Program To date, Council has approved two CIP program applications since the CIP program was implemented in February 2014, the program is in its fourth year within the initial five year term. CIP Incentive Program Applications The owner of the Property has made applications for two of the Aurora Promenade CIP Incentive Programs: • Program 1: Façade and Signage Improvement Grant Program • Program 5: Heritage Property Tax Relief Council Meeting Agenda Tuesday, July 11, 2017 Item R9 Page 2 of 6 July 11, 2017 Page 3 of 6 Report No. PBS17-058 The applicant is proposing to renovate the existing building which is listed in the Town of Aurora Register of Properties of Cultural Heritage Value of Interest. Renovations are proposed to: • Windows; • Soffit/facia/trough; • Front porch; • Masonry; • Signage; and • Back awning The applicant is proposing to maintain the current look of the heritage building. The proposal would allow for structural and aesthetic enhancements to the historic building. Façade and Signage Improvement Grant Program This program is intended to encourage private sector property owners to implement improvements to building facings and exterior signage that otherwise may not occur due to cost-related issues. A grant of up to 50% of the eligible costs to a maximum grant of $15,000 per property, whichever is less, may be rewarded. The minimum grant amount available through this program is $5,000. Heritage Property Tax Relief This program offers owners of eligible heritage properties a reduction in annual property taxes levied for municipal and education purposes; as a means of encouraging the enhancement, restoration and/or preservation of heritage properties for commercial/ commercial mixed uses. Assistance of 10% to 40% of taxes for municipal and education purposes levied on eligible heritage properties over a five year period is available through this program. Program availability is subject to Council approval by By-law in accordance with the CIP. A by-law to implement the heritage tax relief program is on the agenda for Council enactment. Staff recommend that the by-law be approved with forty percent (40%) as the relief amount. Furthermore, program applicants must enter into a Program Agreement detailing proposed work on the property and recognized items and standards of preservation/ restoration to be maintained in exchange for financial support under this program. Council Meeting Agenda Tuesday, July 11, 2017 Item R9 Page 3 of 6 July 11, 2017 Page 4 of 6 Report No. PBS17-058 Analysis Evaluation The Property is located on Wellington Street East, west of Wells Street within Community Improvement Plan Priority Area 1, which represents the highest level of priority. Furthermore, the Property is listed in the Aurora Register of Properties of Cultural Heritage Value of Interest. The proposed works seek to enhance the commercial use of the Property, thereby enhancing the viability of the historic resource. The proposed works would also meet the Aurora Promenade objective of conserving, protecting and reinforcing Aurora’s heritage and cultural neighbourhoods, streetscapes and significant buildings. Furthermore, the Community Improvement Plan (CIP) goals to “support the longevity of the existing building stock; giving primacy to heritage-sensitive redevelopment and enhancement in the historic core and surrounding area; protecting existing heritage assets and where possible promoting the adaptive re-use (commercial) of key sites” ae also being met through the proposed works. The renovations to the Property are a part of Stonehaven Financial Group’s Head Office relocation to the Town. As a principle, the programs of the CIP support the preservation and enhancement of the existing heritage stock and historic architectural integrity of buildings within the Aurora Promenade CIPA. The CIP encourages the improvement of such properties through building enhancements to promote occupancy; bringing sites into highest, nest and active use. Advisory Committee Review The CIP Evaluation Committee met on July 4, 2017 to consider these applications and the Committee has recommended to proceed with the recommendations as described above. Financial Implications Council has approved funding for the CIP as part of the Capital budget. The associated capital budget has an uncommitted balance of approximately $700,000 from which Council Meeting Agenda Tuesday, July 11, 2017 Item R9 Page 4 of 6 July 11, 2017 Page 5 of 6 Report No. PBS17-058 Council can award CIP funding. The CIP program is in its fourth year of a five year plan of which two CIP program applications have been rewarded. Façade and Signage Improvement Grant Program The proposed total project cost for the Property is $41,800 of which $34,300 are eligible project costs. Under the Façade and Signage Improvement Grant Program a matching grant of up to fifty percent (50%) of eligible costs up to a maximum grant of $15,000 is available per property. The minimum grant amount available through this program is $5,000. If Council agrees with the recommendation, $15,000 from this pool will be awarded for the Façade and Signage Improvement Grant Program which is the maximum grant per property for this program. Heritage Property Tax Relief The program provides a maximum assistance of forty percent (40%) of taxes for Municipal and Education purposes levied on eligible heritage properties for up to a five (5) year period following the completion of the project and property assessment. This program is assumed to be temporary in nature and the maximum duration of assistance will be five (5) years. It is recommended that the applicant be awarded the full forty percent (40%) reduction in accordance with the by-law implementing the Heritage Property Tax Relief Program. Based on the existing assessed value of the Property, the proposed tax relief would result in an annual tax reduction of approximately $4,000 per year over a five (5) year period. Communications Considerations No communications considerations required. Link to Strategic Plan The awarding of funding through the Aurora Promenade CIP Incentive Programs supports several Strategic Plan Goals, particularly: Enabling a diverse, creative and resilient economy. The applicable objectives include: Promoting economic development opportunities that facilitate the Growth of Aurora as a desirable place to do business and supporting small business and encouraging more sustainable business environment. Finally, the action item to actively promote and support a plan to revitalize the downtown is realized through the CIP Incentive Programs. Council Meeting Agenda Tuesday, July 11, 2017 Item R9 Page 5 of 6 Council Meeting Agenda Tuesday, July 11, 2017Item R9 Page 6 of 6 Town of Aurora Council Report Subject: Summary of Committee Recommendations Report No. 2017-07 Prepared by: Samantha Yew, Deputy Town Clerk Department: Corporate Services Date: July 11, 2017 Recommendation 1. That Summary of Committee Recommendations Report No. 2017-07 be received; and 2. That the Committee recommendations contained within this report be approved. Heritage Advisory Committee Meeting Minutes of June 12, 2017 2. HAC17-013 – Heritage Status of the Aurora Train Station 121 Wellington Street East (a) That staff consult with Metrolinx with respect to a potential designation of the Historic Train Station at 121 Wellington Street East under Part IV of the Ontario Heritage Act; and (b) That staff prepare a report on the Heritage Impact Assessment to be released by Metrolinx for proposed upgrades; and (c) That, upon the possible sale of the Aurora Train Station by Metrolinx to a private entity, steps be taken to proceed with Part IV Designation; and (d) That staff prepare a report on the impact of the proposed grade separation on Wellington Street East and that the alternative of a below-grade rail corridor be explored. Council Meeting Agenda Tuesday, July 11, 2017 Item R10 Page 1 of 2 July 11, 2017 Page 2 of 2 Committee Recommendations Report No. 2017-07 3. Memorandum from Planner Re: Additional Information – Architectural Salvage Program (a) That staff make items from the Architectural Salvage Program available to the public in the summer of 2017; and (b) That a notice with respect to the event be published in the local newspapers and the Town of Aurora website. 4. HAC17-014 – Existing Heritage Status Historical Yonge Street within the Aurora Promenade (a) That staff be directed to evaluate individual properties along Yonge Street, from Wellington Street West/East to Tyler Street on the west side and Mosley Street on the east side, to consider designation under Part IV of the Ontario Heritage Act. 6. Memorandum from Acting Manager of Parks Re: Tree Removal Permit Application – 81 Catherine Avenue (a) That all six (6) trees as part of the Tree Permit Application at 81 Catherine Avenue and 82 Centre Street remain in accordance with Section 4.6.2 and 5.7 of the Northeast Old Aurora Heritage Conservation District Plan. New Business Motion No. 1 (a) That staff be directed to initiate steps toward a Part IV designation of the Railway Hotel at 136 Wellington Street East and Baldwin’s at 124 Wellington Street East and report back to the Committee. New Business Motion No. 2 (a) That staff be directed to advise the Heritage Advisory Committee on the works conducted at 23 Mosley Street and advise on any recourse on the property, including but not limited to the plans previously approved by the Heritage Advisory Committee and endorsed by Council. Council Meeting Agenda Tuesday, July 11, 2017 Item R10 Page 2 of 2 Memorandum Date: July 11, 2017 To: Members of Council From: Mayor Geoffrey Dawe Re: Recipients of the 2017 Town of Aurora Student Academic Achievement Awards Recommendation That Council: Receive the correspondence for information The following are recipients of the 2017 Town of Aurora Student Academic Achievement Awards: Aurora High School Rachel Bradley and Jakub Sokolowski Cardinal Carter Catholic High School Sofia Ali and Finn Dodgson Dr. G. W. Williams Secondary School Sarah Howard and Rene Nah École Secondaire catholique Renaissance Alexandra Husack and Alexandre Akiki St. Maximilian Kolbe Catholic High School Taylor Paton and Matthew Minchella Town of Aurora Office of the Mayor Council Meeting Agenda Tuesday, July 11, 2017 Item R11 Page 1 of 1 Notice of Motion Mayor Geoffrey Dawe Date: July 11, 2017 To: Members of Council From: Mayor Dawe Re: Lake Simcoe Region Conservation Authority Whereas Lake Simcoe Region Conservation Authority (LSRCA) has advised its member municipalities that the Township of Ramara has advised that it no longer wishes to be an LSRCA member, and that it is appealing the 2017 LSRCA levy apportionment to the Ontario Mining and Lands Commissioner; and Whereas it is LSRCA’s position that the Township of Ramara be held accountable for its fair and equitable share towards the provincially-mandated programs being delivered by LSRCA. 1. Now Therefore Be It Hereby Resolved That the Town of Aurora is in full support of Lake Simcoe Region Conservation Authority (LSRCA) in its quest to hold the Township of Ramara accountable for its fair and equitable share towards the provincially-mandated programs being delivered by LSRCA. Council Meeting Agenda Tuesday, July 11, 2017 Notice of Motion (a) Page 1 of 1 Memorandum Date: July 11, 2017 To: Members of Council From: Mayor Geoffrey Dawe Re: York Regional Council Highlights of June 29, 2017 Recommendation That Council: Receive the correspondence for information Endorse the recommendations Provide direction 100 John West Way Box 1000 Aurora, Ontario L4G 6J1 Phone: 905-727-3123 ext. 4746 Email: mayor@aurora.ca www.aurora.ca Town of Aurora Office of the Mayor Council Meeting Agenda Tuesday, July 11, 2017 Regional Report Page 1 of 11 Home> Newsroom> Media Releases Media Release Council Highlights June 30, 2017 York Regional Council Highlights - June 29, 2017 Canada 150 flag flown at Regional buildings York Region is commemorating Canada's 150th anniversary of Confederation by raising the Canada 150 flag at many Regional buildings. Additionally, now through July 28, visitors to the York Region Administrative Centre at 17250 Yonge Street in the Town of Newmarket can enjoy two heritage exhibits: •Built to Last: Heritage Properties from York County through to York Region •Shaping Canada: York County's Influence on a Nation archival exhibit Take part in Canada's coast-to-coast celebration and participate, celebrate and explore #Canada150. Join the local conversation using #YRCanada150. Sunder Singh appointed as City of Vaughan Regional Councillor York Regional Council welcomed Sunder Singh as the new City of Vaughan Regional Councillor as she signed her declaration at the Regional Council meeting June 29. Councillor Singh was appointed by the City of Vaughan Wednesday, June 28 and will serve as Councillor for the remainder of the current council term. Regional Council composition remains unchanged In April 2017, York Regional Council requested the consent of local municipalities for a bylaw to increase the number of Council members from the City of Vaughan from four to five. The majority of municipalities did not consent and the additional position will not move forward for the next term of Council. York Region's resident newsletter, York Region Matters, will arrive in mailboxes Council Meeting Agenda Tuesday, July 11, 2017 Regional Report Page 2 of 11 Council Meeting Agenda Tuesday, July 11, 2017 Regional Report Page 3 of 11 Council Meeting Agenda Tuesday, July 11, 2017 Regional Report Page 4 of 11 Council Meeting Agenda Tuesday, July 11, 2017 Regional Report Page 5 of 11 Council Meeting Agenda Tuesday, July 11, 2017 Regional Report Page 6 of 11 Council Meeting Agenda Tuesday, July 11, 2017 Regional Report Page 7 of 11 Council Meeting Agenda Tuesday, July 11, 2017 Regional Report Page 8 of 11 Council Meeting Agenda Tuesday, July 11, 2017 Regional Report Page 9 of 11 Council Meeting Agenda Tuesday, July 11, 2017 Regional Report Page 10 of 11 Council Meeting Agenda Tuesday, July 11, 2017 Regional Report Page 11 of 11 By-law Number XXXX-17 Page 1 The Corporation of the Town of Aurora By-law Number XXXX-17 Being a By-law to define the procurement policies and procedures for The Corporation of the Town of Aurora. Whereas paragraph 3 of subsection 270(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that a municipality shall adopt and maintain policies with respect to its procurement of goods and services; And whereas on November 8, 2016 The Corporation of the Town of Aurora (the “Town”) passed a by-law regarding its procurement of goods and services, being By-law Number 5910-16; And whereas it is deemed necessary to adopt a policy by by-law with respect to the Town’s procurement of goods and services to replace By-law Number 5910-16; Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows: Table of Contents Part 1: Principles, Definitions, Application, and Authority ........................................3 1. Purposes, Goals, and Objectives of this By-law ..................................................3 2. Procurement Principles and Practices .................................................................3 3. Definitions of this By-law .......................................................................................4 4. Application ............................................................................................................12 5. Responsibilities ....................................................................................................12 6. Authority................................................................................................................13 7. Restrictions and Exceptions ...............................................................................14 Part 2: Procurement Approval and Methods ............................................................15 8. Prescribed Council Approval ..............................................................................15 9. Bid Review Committee (BRC) and Bid Irregularities .........................................16 10. Procurement Process...........................................................................................16 11. Pre-Qualification ...................................................................................................17 12. Standard Procurement Methods .........................................................................18 13. Alternative Procurement Methods ......................................................................20 Part 3: Post-Award Requirements and Performance ...............................................26 14. Contract Execution ...............................................................................................26 15. Contractor Performance ......................................................................................26 16. Contract Termination ...........................................................................................27 Part 4: Specific Bid and Procurement Issues ...........................................................28 17. Contingencies .......................................................................................................28 18. Cancellation of Solicitation ..................................................................................28 19. Access to Information ..........................................................................................28 Part 5: Personal and Real Property ...........................................................................29 20. Disposal of Personal Property ............................................................................29 Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 1 of 39 By-law Number XXXX-17 Page 2 21. Real Property ........................................................................................................30 Part 6: Miscellaneous Considerations and General Items.......................................30 22. Tie Bids Received .................................................................................................30 23. No Local Preference .............................................................................................30 24. Environmental Considerations ............................................................................30 25. Accessibility Considerations ...............................................................................31 26. Black-Out Period...................................................................................................31 27. Lobbying ...............................................................................................................31 28. By-law Review .......................................................................................................32 29. Repeal, Precedence, and Transition ...................................................................32 30. Short Title ..............................................................................................................32 31. In Force..................................................................................................................32 Schedule “B”...............................................................................................................34 Schedule “C”...............................................................................................................36 Schedule “D”...............................................................................................................38 Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 2 of 39 By-law Number XXXX-17 Page 3 Part 1: Principles, Definitions, Application, and Authority 1. Purposes, Goals, and Objectives of this By-law The purposes, goals, and objectives of this by-law, and of each of the methods of Procurement authorized herein, are: (a) to encourage competition among Bidders, Proponents, and Contractors; (b) to ensure that Bidders, Proponents, and Contractors are accountable to the Town and the public; (c) to provide the highest level of government service at the least possible cost; (d) to ensure fairness and objectivity toward and amongst Bidders during the procurement process; (e) to ensure openness, accountability and transparency while protecting the financial best interests of the Town; (f) to obtain the best value for the Town when procuring Goods, Services, and Construction; (g) to avoid conflicts between the interests of the Town and those of the Town’s employees and elected officials; (h) to ensure compliance with international/interprovincial trade treaties or agreements, as amended; (i) to reduce waste, harmful emissions, and substances, and to increase the development and awareness of environmentally responsible procurement and/or other best green procurement practices available when developing the Bid Document for Goods, Services, and Construction; and (j) to incorporate, where applicable, the requirements of the Accessibility for Ontarians with Disabilities Act, 2005, as amended (“AODA”) in Procurement activities of the Town as well as any requirements contained in other legislation (either provincial or federal) which may impact the Procurement activities of the Town. 2. Procurement Principles and Practices Procurement affects and is affected by the public sector organization as a whole, and the community it serves, whether at the local, provincial, or national level. Therefore, the Town has adopted the Public Procurement Principles and Practices, as follows: Accountability: Taking ownership and being responsible to stakeholders for our actions. This value is essential to preserve the public trust and protect the public interest. Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 3 of 39 By-law Number XXXX-17 Page 4 Ethics: Acting in a manner true to the values listed herein. Acting ethically is essential to preserve the public’s trust. Impartiality: Unbiased decision-making and action. This value is essential to ensure fairness for the public good. Professionalism: Upholding high standards of job performance and ethical behavior. This value is essential to balance diverse public interests. Service: Obligation to assist stakeholders. This value is essential to support the public good. Transparency: Easily accessible and understandable policies and processes. This value is essential to demonstrate responsible use of public funds. 3. Definitions of this By-law 3.1 In this by-law, the following words have the following meanings: (a)“Authority” or “Authorized” means the legal right to conduct the tasks outlined in this by-law as may be directed by Council and/or delegated to the CAO or a Department Head pursuant to this by-law or by resolution of Council. Authorized Purchases are those that have prior approval of Council either through resolution or through the Department budget; (b)“Award”,“Awarded”,or“Acceptance”means authorization to proceed with the Purchase for Goods, Services, or Construction from a selected Bidder; (c)“Bid”means a Tender, Proposal, or Quotation submitted in response to a Solicitation from the Town; (d)“Bidding System” means the Town’s online web-based solution for issuing solicitations and/or receiving online bid submissions and posting bid results; (e)“Bid Bond”means a monetary or financial Bond by which a third party (the surety) accepts liability and guarantees that: (i) the Bidder will not withdraw the Bid, (ii) the Bidder will furnish other Bonds as required, and (iii) if the contract is awarded to the bonded (insured) Bidder, the Bidder will accept the Contract as Bid, or else the surety will pay a specific amount; (f)“Bid Deposit”means a sum of money, a negotiable instrument, a cheque, another acceptable cash alternative (such as an irrevocable Letter of Credit), or a guarantee that the Bidder will enter into a Contract with the Town if the Bid is accepted. The form and type of Bid Deposit will be specified in the Bid Document; Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 4 of 39 By-law Number XXXX-17 Page 5 (g)“Bid Document”means the Town’s Solicitation document which may be in the form of a Quick Bid Request for Quotation (QB-RFQ), Quick Bid Request for Proposal (QB-RFP), Request for Quotation (RFQ), Request for Tender (RFT), Request for Proposal (RFP), Request for Pre- Qualification (RFPQ), or Sale; (h)“Bidder”means the individual or legal entity submitting a Bid. For clarity, in this by-law only, the word “Bidder” shall also include “Proponent”, “Respondent” and “Offeror”. The definition shall also include any principal, director, or officer of that Bidder, bidding directly for Town Contracts or indirectly through another legal entity; (i)“Bid Review Committee”or “BRC” means a committee constituted to review Irregularities and other issues pertaining to Bids as required; (j) “Blackout Period” means the period of time from the posting of the Bid by the Town up to and including either the date that the Contract or Purchase Order with the selected Bidder is executed by the Town, or the time Council approves such Award, whichever occurs first; (k)“Bond”means a form of financial protection against damages; a binding agreement executed by a Contractor/Bidder and a third party (surety) to guarantee the performance of certain obligations or duties to the Town; (l)“CAO”means the Chief Administrative Officer of the Town, or his/her designate; (m)“Chief Building Official”means the Chief Building Official of the Town, or his/her designate; (n) “Compliant Bidder” means a Bidder whose Bid does not vary from the specifications and terms set out in the Bid Document. (o) “Conflict of Interest” means a situation where a personal or business interest of a Council member, officer, or employee of the Town may be in conflict with the best interests of the Town, and includes a situation where: (i) a Council member, officer, or employee of the Town (or a family member thereof) may receive a direct or indirect pecuniary personal gain, benefit, advantage or privilege, from any individual or business (or any person related to such business) that wishes to provide or provides Goods, Services, or Construction to the Town; or (ii) a Council member, officer, or employee of the Town (or a family member thereof) that has a direct or indirect pecuniary interest in any business that wishes to provide or provides Goods, Services or Construction to the Town, and such Conflict of Interest shall be declared prior to Bid submission, to be addressed prior to Award, in accordance with subsection 7.5 of this by- law; (p)“Construction”means the process of utilizing labour to build, alter, repair, improve or demolish any structure, building or public improvement Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 5 of 39 By-law Number XXXX-17 Page 6 and includes any associated preparation, investigation, and supply of materials and equipment, but generally does not apply to routine maintenance, repair or operations of existing Real Property; (q)“Contract”means the agreement in writing governing the performance of the work which has been executed by the Town and the selected Bidder following Acceptance by the Town of the selected Bidder’s Bid. Generally, the term “Contract” shall also mean an obligation, such as an accepted offer, between competent parties upon a legal consideration to do or abstain from doing some act. Generally, the essential elements of a Contract are: (i) an offer and an acceptance of that offer; (ii) the capacity of the parties to contract; (iii) consideration to support the contract; (iv) a mutual identity of consent; (v) legality of purpose; and (vi) sufficient certainty of terms. A Contract is also an agreement between parties with binding legal and moral force, usually exchanging Goods, Services, Sale of Real or Personal Property, or Construction for money or other consideration; (r)“Contractor”means the selected Bidder to whom the Contract is awarded and whom is undertaking the execution of the work under the terms of the Contract. Also, an individual or business having an agreement with the Town to furnish Goods, Services, or Construction for an agreed upon price. For clarity, in this by-law only, “Contractor” shall also include “Vendor”; (s)“Co-operative Purchasing”means: (i) the action taken when two or more entities combine their requirements to obtain advantages of volume purchases including administrative savings and other benefits; and (ii) a variety of arrangements whereby two or more public procurement entities purchase from the same Vendor(s) or Contractor(s) using a single Solicitation; (t)“Council”means the Council of The Corporation of the Town of Aurora; (u)“Department”means a department of the Town; (v)“Department Head”means a Director, or his/her designate, of the Town who is responsible for a Department, and shall include the CAO with respect to his/her direct responsibilities for a Department; (w) “Election Period” means the period of time in the year of a regular municipal election starting from nomination day and ending on the day that is fixed for the beginning of the next term of Council, as such days may be defined in the Municipal Elections Act, 1996, S.O. 1996, c. 32, as amended; (x)“Electronic Bidding”means a method of issuing Solicitations and/or receiving written Bids on the Bidding System where the process of issuing and/or receiving Bids by email, or online is considered appropriate and valid; (y)“Emergency Purchase”means an event or circumstance where the immediate purchase for Goods or Services, or the entering into of a Construction Contract, is essential or necessary in accordance with Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 6 of 39 By-law Number XXXX-17 Page 7 subsection 13.4 of this by-law. An Emergency Purchase shall also include any other expenditure that is necessary to respond to or effectively manage any emergency of the Town or as required under the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9, as amended; (z)“Evaluation Committee”means a component of the Request for Proposal process, whereby a committee is established to conduct proposal evaluations, interviews, and negotiations during Proposal evaluation for Goods, Services, or Construction; (aa)“Financing Lease”means a lease which allows for the provision of Goods, Services, or Construction if the lease may or will require payment by the Town of financing, interest, bonuses, premiums, or other charges or costs for the Goods, Services or Construction in compliance with: (i) O. Reg. 653/05, as amended, made under the Municipal Act, 2001, S.O. 2001, c. 25, as amended, or any successor to such regulation; and (ii) Town Administration Procedure No. 60, or any successor thereto; (bb)“Formal” means a form of response to a Solicitation or submission of a Bid that requires the response or Bid to be submitted inside of a sealed envelope or package, and may be done through Electronic Bidding; (cc)“Goods”means moveable property including: (i) the costs of installing, operating, maintaining, or manufacturing such moveable property; and (ii) raw materials, products, supplies, equipment, and other physical objects of every kind and description whether in solid, liquid, gaseous or electronic form, unless they are procured as part of a Construction Contract; (dd)“In-House Bid”means a bid made by a Department, submitted in response to a Solicitation, where the provision of the Goods, Services or Construction will be provided entirely by the employees of the Town; (ee)“Informal”means a form of response to a Solicitation or submission of a Bid that does not require the response or Bid submission to be submitted inside of a sealed envelope or package, and may be done through Electronic Bidding; (ff)“Irregularity”means a defect in a Bid or Proposal, or a deviation between the requirements of a Solicitation and the information provided in a Bid or Proposal. Schedule “B” - Bid Irregularities of this by-law establishes the action that will be taken if a Bid Irregularity exists in relation to a Bid submitted in response to an Quick Bid Request for Quotation (QB-RFQ), Request for Quotation (RFQ), Request for Tender (RFT), Request for Pre- Qualification (RFPQ), or Sale. For the purposes of this definition, an Irregularity in a Proposal submitted in response to a Request for Proposal (RFP) or Quick Bid Request for Proposal (QB-RFP) are specifically addressed separately under Schedule “C”- Proposal Irregularities of this by-law, which establishes the action that will be taken if a Proposal Irregularity exists; (gg)“Letter of Credit”means a document issued by a Canadian Schedule I or II bank authorizing the bearer to draw a specified amount from that bank or its agent; a letter or similar statement extending credit up to a Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 7 of 39 By-law Number XXXX-17 Page 8 given amount at a Canadian Schedule I or II bank for a person who has paid or guaranteed that amount to the issuing bank; (hh)“Labour and Material Bond”means a bond that assures payments, as required to all persons supplying labour or material for the completion of work under the Contract. The Labour and Material payment bond in the form of CCDC 222 (as may be amended) or the most recent applicable Canadian Construction Documents Committee Form may be acceptable to the Town depending on the requirements of the Bid Document; (ii)“Litigation”means any formal dispute between the Town and any other party, adverse in interest, including third party and cross claims, where a legal proceeding has been commenced for an injunction, a mandatory order, a declaration, the recovery of money, or an arbitration proceeding; (jj)“Local Board”means a municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any statute with respect to the affairs or purposes of one or more municipalities, excluding a school board and a conservation authority; (kk)“Low Value Purchase”or “LVP”means a purchase of Goods, Services, or Construction which is not included as part of an existing Contract and is not available out of the Town’s inventory. LVPs shall not exceed the amount stated in Schedule “D” - Bid Thresholds of this by-law; (ll)“Multi-Step Solicitation”means a method of source selection involving at least two competitive Procurement steps; (mm)“Offeror”means an individual or legal entity that makes an offer in response to a sale of Personal Property; (nn)“Performance Security”means monetary or financial security by which a third party accepts liability and guarantees that a Bidder selected for Award of a Contract will complete the work required under the Contract; this security can take the form of a Bond, certified cheque, cash, or Letter of Credit as directed by the Bid Document. The Performance Security protects the Town from loss due to the Bidder’s inability to complete the Contract as agreed by financially securing the fulfillment of Contract requirements; (oo)“Personal Property”means tangible or intangible property, other than Real Property, and includes moveable property subject to ownership, with exchange value; (pp)“Piggyback”means a form of intergovernmental Co-operative Purchasing in which the Town can extend the pricing and terms of a Contract established by another governmental entity to enter into a similar Contract with the provider of the Goods, Service, or Construction. The Town may participate with other government agencies or public authorities in co-operative purchasing where it is in the best interests of the Town to do so; Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 8 of 39 By-law Number XXXX-17 Page 9 (qq)“Procurement”means: (i) purchasing, renting, leasing or otherwise acquiring any Goods, Services, or Construction, and includes all functions that pertain to such acquisition, including the description of requirements, preparation, Solicitation, selection, and Award of Contract and all phases of Contract administration; and (ii) the combined functions of purchasing, inventory control, traffic and transportation, receiving, inspection, storekeeping, salvage and disposal operations with respect to Goods, Services, and Construction; (rr)“Proponent”means the individual or legal entity who submits a response to a Request for Proposal (RFP) or Quick Bid Request for Proposal (QB- RFP); (ss)“Proposal”means a document submitted by a Proponent in response to a Request for Proposal (RFP) or Quick Bid Request for Proposal (QB- RFP) to be used as the basis for negotiation or for entering into a Contract; (tt)“Purchase”means the act and function of responsibility for the Procurement for Goods, Services, or Construction; (uu)“Purchase Order”means the Town’s written order to a Contractor/Vendor formally stating all terms and conditions for the purchase of Goods, Services, or Construction or a written acceptance of an offer received in accordance with this by-law; (vv)“Purchasing Card”or “P-Card” means a payment method whereby employees of the Town are Authorized by the CAO and/or Department Head to deal directly with Contractors for LVPs or as otherwise specified by the Procurement Manager, using a Town credit card issued by a chartered bank or major credit card provider. The Purchasing Card is to be used in accordance with the Town’s Purchasing Card Program Policies and Procedures, as amended; (ww)“Procurement Services Division”means the division or section of a Town Department that is responsible for the Procurement of Goods, Services, and Construction for the Town; (xx)“Procurement Manager”means the Manager of Procurement for the Town, or his/her designate; (yy)“Quotation”means a document submitted by a Bidder in response to a Request for Quotation (RFQ) or Informal Request for Quotation (IRFQ), to be used as the basis for entering into a Contract; (zz)“Real Property” means land and its permanently affixed buildings or structures, and includes any property which is not Personal Property; (aaa)“Request for Expressions of Interest”or “RFEI”means a non-binding Procurement method whereby the Town makes a request to the marketplace for the purposes of compiling a list of individuals or legal entities who may be interested in providing Goods, Services, or Construction to the Town; Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 9 of 39 By-law Number XXXX-17 Page 10 (bbb)“Request for Information”or “RFI”means a non-binding Procurement method whereby the Town states its need for input from interested parties for a possible upcoming Solicitation. A Procurement practice used to obtain comments, feedback or reactions from potential Contractors prior to the issuing of a Solicitation; (ccc)“Request for Pre-Qualification”or “RFPQ”means a request for the submission of pre-qualification Bid documents relating to, among other information that may be requested by the Town, experience, financial strength, and personnel who may, from time to time, qualify to supply Goods, Services, or Construction to the Town, but which generally does not create any contractual obligation between the Respondent submitting the pre-qualification submission and the Town, but which may be a pre- condition to further Procurement Contracts with the Town; (ddd)“Request for Proposal”or “RFP”and the associated “Quick Bid Request for Proposal”or “QB-RFP”means the document used to solicit Proposals from Proponents for Goods, Services, or Construction or as may be required in accordance with the thresholds stated in Schedule “D” - Bid Thresholds of this by-law. For further clarification, price is usually not the primary evaluation factor in these Proposals. An RFP or QB-RFP may provide for negotiation of all terms, including price, prior to Contract Award. An RFP or QB-RFP may include the provision for the negotiation of best and final offers and may be a single step or multi-step process; (eee)“Request for Quotation”or “RFQ” and the associated “Quick Bid Request for Quotation”or “QB-RFQ”means a request by the Town for prices for the provisions for Goods, Services, or Construction up to the threshold amount stated in Schedule “D” - Bid Thresholds of this by-law; (fff)“Request for Tender”or “RFT”means a request for Tenders for the provision of Goods, Services or Construction to the Town or as may be required in accordance with the thresholds stated in Schedule “D” - Bid Thresholds of this by-law; (ggg)“Respondent”means the individual or legal entity submitting a response to a Request for Pre-Qualification, Request for Expressions of Interest, or Request for Information; (hhh)“Responsible Bidder”means a Bidder whose reputation, past performance, and business and financial capabilities are such that the Bidder would be judged by the Town to be capable of satisfying the Town’s needs for a specific Contract. A Bidder, as the context requires, that is fully capable to meet all the requirements of the Solicitation or other process and subsequent Contract. Such Bidder shall possess the full capability, including financial and technical, satisfactory past performance, including a satisfactory Town’s Contractor performance evaluation (where applicable) to perform as contractually required and shall be able to fully document the ability to provide good faith performance; (iii)“Sale”means the act of selling Town Personal Property or Real Property that is no longer needed by the Town and is designated for disposal; Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 10 of 39 By-law Number XXXX-17 Page 11 (jjj)“Service”or “Services”means: (i) the furnishing of labour, time or effort by a Contractor, which may involve the delivery or supply of products; (ii) a Contract for labour to perform a service to meet a specific requirement; or (iii) any professional or general service work performed which does not result in the delivery of Goods or materials; (kkk)“Single Source”means a method of Procurement used after soliciting and negotiating with only one Contractor where there is more than one potential source available for the Procurement of the Goods, Services, or Construction; (lll)“Sole Source”means a method of Procurement used where there is only one source or Contractor able to meet the requirements of the Procurement; (mmm)“Solicitation”means an invitation for Bids or Proposals; (nnn)“Tender”means a document submitted by a Bidder in response to a Request for Tender (RFT), to be used as the basis for entering into a Contract; (ooo)“Treasurer”means the Treasurer of the Town as appointed by the Council or his/her designate; (ppp)“Town”means The Corporation of the Town of Aurora; (qqq)“Town Solicitor” means the solicitor of the Town or his/her designate; (rrr)“Undertaking to Provide a Bond or Letter of Credit”means a pledge or guarantee by an insurance company, bank, corporation, entity, or individual on behalf of the Bidder through which the surety protects against default or failure of the principal to satisfy the obligations of a Contract; (sss)“Unsolicited Bid/Proposal”means a Bid or Proposal submitted by a Bidder in the absence of a Solicitation from the Town, which may be submitted in response to a perceived need but not in response to a Solicitation; (ttt)“Vendor”means a supplier/seller of Goods or Services; and (uuu)“Working Day”means Monday to Friday inclusive, and excludes: (i) Saturday and Sunday; (ii) any statutory holiday recognized by the Town; and (iii) any day that the Town’s main office (Town Hall) is closed. 3.2 To establish the definition of any other Procurement terms not herein included, reference may be made to the latest edition of the Institute for Public Procurement (NIGP) Public Procurement Dictionary of Terms and the Purchasing Management Association of Canada (PMAC) Dictionary of Purchasing Terms. Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 11 of 39 By-law Number XXXX-17 Page 12 4. Application 4.1 This by-law shall apply to all Departments of the Town. For clarity, this by-law does not apply to purchases of Central York Fire Services, the Aurora Public Library Board or any municipal services corporation established by the Town. 4.2 No purchase of Goods, Services, or Construction or Sale of Personal Property shall be authorized unless it is in compliance with this by-law. 4.3 This by-law does not apply to the lease, use, purchase, disposal, or Sale of Real Property or to any matter to which Town Administration Procedure No. 55 applies, or any successor thereto. 5. Responsibilities 5.1 Department Heads shall be responsible for: (a) all Procurement activity in their Department within the prescribed limits of this by-law, including recommendation of Award and preparing the necessary report to Council if required; (b) delegating spending authority limits to Department staff in compliance with this by-law and all applicable Town policies; (c) ensuring that that all of provisions of section 1 of this by-law are complied with; (d) ensuring that all Procurement activities and decisions are Authorized by this by-law and are carried out within the financial and other limits set out in Schedule “D” - Bid Thresholds; (e) ensuring that no Procurement activity or decision in their Department is contrary to this by-law and informing Council, in consultation with the Procurement Manager and Town Solicitor, when serious and material non- compliance has occurred; (f) monitoring of all contract expenditures and ensuring that financial limitations have been complied with; (g) ensuring that all required documentation (e.g., WSIB clearance, insurance certificate, executed agreement) has been received prior to commencement of any work; (h) ensuring that all accounts are paid within the times set out in a Contract (provided a Contractor has met all conditions of the applicable Contract); (i) ensuring that all Goods, Services, or Construction contracted for have been received as per the terms of Contract; (j) ensuring that all Awards are subject to the identification and availability of sufficient approved funding in appropriate accounts, and that the required funding for future years of a Contract can reasonably be expected to be made available in the current or future yearly budgets based on historical spending on similar Contracts; and Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 12 of 39 By-law Number XXXX-17 Page 13 (k) ensuring that Contracts are monitored and documented in compliance with the Contractor performance procedures contained in this by-law to ensure that performance is in accordance with the requirements of the Contract, and notifying the Procurement Manager if action is to be taken to correct the performance of a Contractor where it falls below the standard required by the applicable Contract, including the completion of a Contractor performance report. 5.2 The Procurement Manager shall be responsible for: (a) providing Procurement advice and services to each Department, the CAO, and Council for the purposes of fulfilling the Procurement needs of the Town; (b) for Purchases other than Low Value Purchases, ensuring that all required documentation (e.g., WSIB clearance, insurance certificate, executed Contract) has been received prior to commencement of any work; (c) all aspects of the Solicitation process and ensuring compliance to the terms and conditions of Bid Documents; (d) ensuring compliance by Town staff with this by-law and reporting non- compliance to the appropriate Department Head, and to the Town Solicitor and CAO as necessary; (e) developing appropriate processes or procedures to ensure that the provisions of this by-law are met and to ensure the proper functioning of Procurement for the Town; (f) the standardization of Goods and Services where appropriate and possible, in collaboration with the user Department(s); (g) the disposal of Personal Property which has been declared surplus by a Department Head; (h) participating in Co-operative Purchasing with other levels of government, municipalities, boards, agencies, commissions, or private sector entities where it is in the best interests of the Town; and (i) compliance with section 1 of this by-law. 6. Authority 6.1 In the event that a Bid has been approved by Council and Awarded to the selected Bidder and the selected Bidder fails to enter into a Contract, the Procurement Manager shall be granted the Authority to proceed to the next lowest Compliant and Responsible Bidder or the next highest evaluated Compliant and Responsible Proponent for the Award of a Contract, without going back to Council for approval to Award, providing the requirements remain unchanged and the new Contract is within budget. Prior to such new Award, the Procurement Manager shall obtain approval from both the responsible Department Head and the CAO. The Department Head shall prepare a report to Council for information purposes. Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 13 of 39 By-law Number XXXX-17 Page 14 6.2 The CAO has the Authority to: (a) instruct Department Heads not to Award Contracts, notwithstanding their Authority to do so under this by-law, and instead to submit recommendations for Contract Award to Council for approval; in addition, the CAO may provide additional restrictions concerning Procurement where such action is considered necessary and in the best interest of the Town; (b) Award Contracts during the time that regular Council meetings are suspended, during a period of Council recess in excess of thirty (30) days, or during the Election Period, as a result of a Solicitation that normally requires Council approval, provided that a report is submitted to Council (as soon as reasonably possible) setting out the details of any Contract Awarded pursuant to this Authority; (c) Award Contracts for an Emergency Purchase, in accordance with section 13.4 of this by-law; and (d) delegate spending authority limits to staff in compliance with this by-law and all applicable Town policies. 7. Restrictions and Exceptions 7.1 The acquisition methods and Purchase Order requirements described in this by- law are not required for the Purchase or payment of those items listed in Schedule “A” – Exceptions, or as otherwise listed in this by-law. 7.2 No Contract or Purchase Order for Goods, Services, or Construction may be divided into two or more parts to avoid the application of the provisions of this by- law. 7.3 No Town employee or Council member, shall personally obtain any Real or Personal Property of the Town that has been declared surplus unless it is obtained through a public process. 7.4 No Town employee or Council member shall Purchase on behalf of the Town any Goods, Services or Construction, except in accordance with this by-law. 7.5 All Council members and employees of the Town shall declare any Conflict of Interest to the Procurement Manager and the CAO (and to their Department Head if they are an employee of the Town), and such persons shall not participate in the Procurement process to which the Conflict of Interest relates. 7.6 All Procurement undertaken by the Town shall be undertaken in accordance with this by-law, the Corporate Policies and Procedures of the Town, and in accordance with the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50, as amended. 7.7 The Town may only enter into a Financing Lease in accordance with the Town’s policies related thereto. Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 14 of 39 By-law Number XXXX-17 Page 15 7.8 The Town may use any privilege clause contained in the Town’s Bid Documents for consideration of the acceptance or rejection of any Bid received by the Town pursuant to this by-law. 7.9 During the consideration of Award of Contracts, or during consideration to determine whether a Bidder is a Responsible Bidder, the Town may consider, among other items: previously completed Contractor evaluations, past performance, and performance evaluation reports. In addition, where the Procurement Manager, in consultation with the relevant Department Head and the Town Solicitor, is of the opinion that an Award to a Bidder would undermine the business reputation of the Town or undermine the public’s confidence in the integrity of the Town’s Procurement process as a result of the Town having knowledge or information of such Bidder’s criminal activity, bid-rigging, anti- competitive practices, or other activities that are meant to undermine the Procurement process (whether at the Town or elsewhere), the Procurement Manager may then determine that such Bidder is not a Responsible Bidder and disqualify such Bidder. At his/her sole discretion, the Procurement Manager has the right to disqualify a Bidder based on any unresolved performance or financial disputes. Part 2: Procurement Approval and Methods 8. Prescribed Council Approval 8.1 Save and except for the circumstances in Section 6 of this by-law, setting out additional and alternative Authority, the following Awards are subject to Council approval: (a) where there is no provision in the Town’s annual budget for the item subject to the Contract or Purchase Order; (b) any Contract requiring approval from the Ontario Municipal Board; (c) any Contract required by statute to be made by Council; (d) any Contract prescribed by a court order; (e) any Award where Council has requested final approval to Award; (f) any Award having a total cost (excluding taxes) that would be higher than the Council-approved capital estimates or capital budget for such Award, and the necessary adjustments cannot be made; (g) where Authority to approve has not been expressly delegated by Council or by Schedule “D” – Bid Thresholds of this by-law; (h) any Award having a total cost (excluding taxes) that falls within a threshold category that requires Council approval as set out in Schedule “D” - Bid Thresholds; (i) where an Award is being recommended pursuant to a RFQ or RFT and the recommended Bidder is not the lowest Compliant Bidder, because the lowest Compliant Bidder has been determined not to be a Responsible Bidder; or Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 15 of 39 By-law Number XXXX-17 Page 16 (j) as otherwise requested to obtain approval by the CAO. 9. Bid Review Committee (BRC) and Bid Irregularities 9.1 There shall be a Bid Review Committee, hereinafter referred to as the “BRC”, composed of, at a minimum, the following members of Town staff: (a) the Procurement Manager or designate; and (b) a lawyer from the Legal Services Division, or designate. Furthermore, if deemed to be required by the above members of the BRC, a representative from the Town Department requesting the Procurement and/or any other party deemed appropriate by the BRC, may be added to the BRC. 9.2 In the event that a Bid contains an Irregularity that cannot be resolved by the Procurement Services Division, or where there is a challenge to the Procurement process, the Bid at issue shall be referred to the BRC. The BRC shall review any such Bid or challenge and take the action prescribed in Schedule “B” - Bid Irregularities or Schedule “C” - Proposal Irregularities, as appropriate. The decision of the BRC shall be final. 10. Procurement Process 10.1 Where applicable, each of the Procurement methods set out in this by-law shall be undertaken in compliance with the following: (a) the scope of the Goods, Services or Construction shall be clearly and extensively defined by the Bid Document; (b) the Bid document shall be, to the extent possible, standardized using common forms and processes; (c) the Solicitation shall be advertised, if applicable, to ensure the most comprehensive and competitive response reasonably possible to the Solicitation, at the discretion of the Procurement Manager; (d) all Bids received by the Town shall be kept together in a secure place until the closing date and time; (e) all Bids shall be evaluated using an open, fair, and transparent process as may be possible under the circumstances of a particular Solicitation; (f) for Proposals, the evaluation criteria, and evaluation rating shall be identified in the Request for Proposal document and shall be evaluated by the Evaluation Committee based on that criteria and rating, unless superseded by an Addendum, using a standardized form of evaluation record; (g) all Bid Documents shall clearly set out the requirements for the price element of the Bid, specifying whether the Bid price is submitted on a unit price or subtotal or total price basis and whether it is net of any taxes; in addition, a Bid Document may include provisions for early payment Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 16 of 39 By-law Number XXXX-17 Page 17 discounts, premiums, financing charges, administrative costs, cost of living or other escalations, contingencies or other deductions or additions and how any contract extras shall be dealt with; (h) Bid records shall be filed and maintained in accordance with any applicable record retention by-law and/or policy of the Town; (i) Bids shall be Awarded based on the terms and conditions specified in the Town’s Bid Documents and in accordance with this by-law; (j) all Bidders shall, where required by this by-law, be required to comply with the Contract preparation and execution requirements of section 14 of this by-law if they are Awarded the Contract; (k) Contracts shall be monitored and documented by the Department Head in accordance with section 15 of this by-law, to ensure that performance is in accordance with the requirements of the Contract and steps shall be taken to correct the performance of a Contractor where it falls below the standard required by the Contract; and (l) all Contracts, once Awarded and executed by the Town, are public documents, save and except for detailed pricing submissions (but excluding the totals as set out in the pricing document of the Bid Documents) and personal information protected under the Municipal Freedom of Information and Protection of Privacy Act. No Bidder may insert conditions to exempt their Contract from such public disclosure or accessibility. (m) For Bids only (excluding Proposals) and in consultation with the relevant Department Head, prior to Award the Procurement Manager may release some or all of the Bidders who have been determined not to be the lowest Compliant Bidder, together with their securities held by the Town (including Bid Deposits, Labour and Material Bonds, and Performance Security). 11. Pre-Qualification 11.1 Request for Pre-Qualification (RFPQ) (a) The Procurement Manager may conduct a RFPQ for the purpose of selecting qualified Bidders to respond to a subsequent Solicitation. (b) When a RFPQ is issued, a pre-qualification Bid Document shall be provided to potential bidders setting out the criteria for pre-qualification. (c) The Town may use any information provided by a Bidder in response to a RFPQ in the evaluation of a subsequent related Bid and/or select a limited number of Bidders to be qualified to Bid on the subsequent related Solicitation. (d) Advertisement of the RFPQ shall be based on the estimated Contract value, in accordance with Schedule “D” - Bid Thresholds of this by-law. Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 17 of 39 By-law Number XXXX-17 Page 18 (e) The selection of Bidders following a RFPQ shall not create any contractual obligation between the Town and a pre-qualified Bidder and does not oblige the Town to issue any subsequent Solicitation. (f) Pre-qualification under a RFPQ may be made a specific pre-condition to any other Procurement method utilized by the Town, in which case the Town may restrict participation in a subsequent related Solicitation to only those RFPQ responding parties who meet the requirements established in the RFPQ or the selected limited number of Bidders that are deemed to be most qualified to Bid on the subsequent related Solicitation, and choose to advertise a subsequent Solicitation to only those parties. 12. Standard Procurement Methods Unless any other section or exception of this by-law applies, the method of Procurement for Goods, Services, or Construction shall be in accordance with the methods described in this section as determined by the Procurement Manager. All Procurement methods noted in this section shall comply with the reporting and approval requirements set out in Schedule “D” - Bid Thresholds. 12.1 Request for Expressions of Interest (RFEI) / Request for Information (RFI) (a) The Procurement Manager may conduct a RFEI or a RFI for the purpose of determining the availability of any Goods, Services or Construction, or for the purpose of developing a subsequent Solicitation or budget estimate. (b) The Solicitation for a RFEI or RFI shall be advertised in accordance with Schedule “D” – Bid Thresholds. (c) The receipt of a submission by a Respondent in response to a RFEI or a RFI does not create any contractual obligation on the part of the Town. 12.2 Low Value Purchase (LVP) (a) LVPs can be used for the Procurement of Goods, Services, or Construction not covered by a term Contract or co-operative Contract, having an estimated total cost within the applicable threshold set out in Schedule “D” - Bid Thresholds. (b) The Department Head may appoint individuals and assign a limit of spending authority to make LVPs. Such purchases are at the discretion of the Department Head, who shall ensure that they are made at fair value. (c) Competition or advertisement are not required to make a LVP, but can be made and handled by any Department or the Procurement Manager. (d) LVPs may be made without the need for a Purchase Order, and may be paid by a Purchasing Card if accepted by the Vendor. (e) A Contractor subject to a LVP shall be required to comply with the contractor performance requirements set out in section 15 of this by-law. Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 18 of 39 By-law Number XXXX-17 Page 19 12.3 Informal Quick Bid Request for Quotation (QB-RFQ) / Informal Quick Bid Request for Proposal (QB-RFP) (a) QB-RFQs or QB-RFPs can be used for the Procurement of Goods, Services, or Construction not covered by a term Contract or co-operative Contract, having an estimated total cost within or below the applicable threshold set out in Schedule “D” - Bid Thresholds. (b) A Solicitation for a QB-RFQ or a QB-RFP may be released by the Procurement Manager, on an invitational basis and/or advertised as set out in Schedule “D” - Bid Thresholds. (c) Any Irregularities in a Bid submitted in response for a Solicitation of a QB- RFQ or a QB-RFP shall be dealt with in accordance with Schedule “B” - Bid Irregularities or Schedule “C” - Proposal Irregularities and in compliance with the procedures of this by-law. 12.4 Formal Request for Quotation (RFQ) (a) RFQs can be used for the Procurement of Goods, Services, or Construction having an estimated total cost within or below the applicable threshold set out in Schedule “D” - Bid Thresholds. (b) The Solicitation for a RFQ shall be advertised in accordance with Schedule “D” – Bid Thresholds. In the case of a pre-qualified RFQ, only the selected pre-qualified Bidders shall be notified about the Solicitation. (c) Any Irregularities in a Bid responding to a RFQ shall be dealt with in accordance with Schedule “B” - Bid Irregularities and in compliance with the procedures stated in this by-law. 12.5 Request for Tender (RFT) (a) RFTs can be used for any dollar value for the Procurement of Goods, Services, or Construction, but a RFT shall be used for the Procurement of Goods, Services, or Construction having an estimated total cost within the applicable threshold set out in Schedule “D” - Bid Thresholds. (b) A RFT may be used where all of the following criteria apply: (i) two or more sources are considered capable of supplying the Goods, Services or Construction; (ii) the Goods, Services, or Construction is adequately defined to permit the evaluation of Bids against clearly stated criteria and/or specifications; and (iii) the market conditions are such that Bids can be submitted on a competitive pricing basis. (c) The Solicitation for a RFT shall be advertised in accordance with Schedule “D” – Bid Thresholds. In the case of a pre-qualified RFT, only the selected pre-qualified Bidders shall be notified about the Solicitation and be eligible to submit a Bid. Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 19 of 39 By-law Number XXXX-17 Page 20 (d) Any Irregularities in a Bid responding to an RFT shall be dealt with in accordance with Schedule “B” - Bid Irregularities and in compliance with the procedures stated in this by-law. 12.6 Request for Proposal (RFP) (a) RFPs can be used for any dollar value for the Procurement of Goods, Services, or Construction, but a RFP shall be used for the Procurement of Goods, Services, or Construction having an estimated total cost within the applicable threshold set out in Schedule “D” - Bid Thresholds. (b) The goal of a RFP is to implement an effective, objective, fair, open, transparent, accountable and efficient process for obtaining unique Proposals designed to meet broad outcomes to a complex problem or need for which there is no clear or single solution, and to select a Proposal that best meets the requirements specified in the competition, based on qualitative, technical and pricing considerations. (c) A RFP may provide for negotiation of all terms, including price, prior to Award. The scope of negotiability may be restricted in a RFP. A RFP may include the provision for the negotiation of best and final offers, and may be a single or multi-step process. (d) A RFP may be used where any of the following criteria apply: (i) the selection of the Proponent depends more upon the effectiveness of the proposed solution than the price alone; (ii) it is expected that negotiation with one or more Proponents may be required with respect to any aspect of the Contract; or (iii) the precise Goods, Services, or Construction, or the specifications are not known or are not definable and it is expected that the Proponent will further define them, or for which a variety of solutions to the requirement are likely to exist. (e) The Solicitation for a RFP shall be advertised in accordance with Schedule “D” – Bid Thresholds. In the case of a pre-qualified RFP, only the selected pre-qualified Proponents shall be notified about the Solicitation. (f) Any Irregularities in a Bid responding to a RFP shall be dealt with in accordance with Schedule “C” - Proposal Irregularities and in compliance with the procedures stated in this by-law. 13. Alternative Procurement Methods 13.1 Multi-Step Bid Call (a) A Multi-Step Bid Call is a Solicitation consisting of at least two stages. The specific process being implemented will be set out in the Bid Documents and established by the Procurement Manager. Generally, it will consist of the following two steps: Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 20 of 39 By-law Number XXXX-17 Page 21 (i) Step 1: a request for a technical Bid is made followed by evaluations and discussion, without considering any prices, and the selection of Compliant Bidders and Responsible Bidders whose technical requirements are considered most acceptable; and (ii) Step 2: the review of sealed Bid prices from only those Bidders whose technical requirements have been rated acceptable in Step 1. (b) A Multi-Step Bid Call shall be advertised in accordance with Schedule “D” – Bid Thresholds. In the case of a pre-qualified Multi-Step Bid Call, only the selected pre-qualified Respondents shall be notified about the Solicitation. 13.2 Unsolicited Bid/Proposal (a) An Unsolicited Bid/Proposal received by the Town may be reviewed by the relevant Department Head and the Procurement Manager. (b) Any Procurement activity resulting from the receipt of an Unsolicited Bid/Proposal shall comply with any pertinent provisions of this by-law. The provisions relating to LVPs, Single Source, Sole Source, or Emergency Purchases, as appropriate, shall apply to a non-competitive Contract resulting from an Unsolicited Bid/Proposal. 13.3 Negotiation (a) Negotiation may be used in conjunction with any other Procurement methods set out in this by-law for the procurement of Goods, Services, or Construction, or for the Sale of Personal Property, or for the development of any Contract, when any of the following criteria apply: (i) the Goods, Services, or Construction are deemed necessary by the CAO or Department Head as a result of an Emergency Purchase which would not reasonably permit the use of any other prescribed Procurement method; (ii) due to abnormal market conditions, the Goods, Services, or Construction required are in short supply; (iii) where there is a Single Source or Sole Source of the Goods, Services, or Construction which would be acceptable, permitted under this by-law, and is cost effective; (iv) where only one Proposal/Bid is received and it exceeds the amount budgeted for the procurement, negotiations may be conducted, if appropriate under the circumstances; (v) after the Request for Proposal process closed, if appropriate under the circumstances, to clarify any terms of the Proposal and any resulting Contract; (vi) with the highest evaluated Compliant and Responsible Bidder to a Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 21 of 39 By-law Number XXXX-17 Page 22 Request for Proposal; however, if a negotiated agreement cannot be reached, the Town may proceed to negotiate with the next highest evaluated Compliant and Responsible Bidder; (vii) where the extension or reinstatement of an existing Contract, with Council approval, would be more cost effective or beneficial to the Town; (viii) where, for security or confidentiality reasons, it is in the best interest of the Town; (ix) with the highest Offeror in response to a Sale of Personal Property; or (x) where authorized by Council to do so. (b) The award of any negotiated Contract shall comply with the Contract execution provisions contained in section 14 and the contractor performance provisions contained in section 15 of this by-law. 13.4 Emergency Purchases (a) In the case of an emergency declared pursuant to the Town’s Municipal Emergency Management Program and Emergency Response Plan,or a situation or circumstance in response to which the CAO or other authorized person convenes some or all of the members of the Municipal Emergency Control Group, but for which a formal declaration of an emergency is not made, but for which emergency intervention is approved, Purchases for the containment and managing of the emergency situation shall be authorized as set out in such Program and Plan, and the Treasurer shall prepare the required accountability and financial reports for Council for information following the termination of the emergency. During such emergency, this by-law shall serve only as a reference for those officials in authority during such emergency, and otherwise is suspended for all Purchases directly or indirectly related to addressing and managing such emergency. The overriding Procurement guideline in such an emergency shall be to address the emergency as quickly and safely as possible so as to protect human life, essential municipal services, and property, while minimizing costs to the Town. All other routine Purchasing activities of the Town during such emergency but unrelated to the addressing and management of the emergency remain subject to this by-law. (b) In the event of an emergency that does not fall into paragraph (a) of this section, an Emergency Purchase may be made when an event occurs or a circumstance is discovered that is determined by the Department Head or the Chief Building Official to be an imminent and significant threat to, or which has already significantly affected any of the following: (i) public health; (ii) the maintenance of essential Town services; (iii) the safety or welfare of persons or of public property; or Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 22 of 39 By-law Number XXXX-17 Page 23 (iv) the security of the Town’s interests; and the occurrence requires the immediate delivery for Goods, Services, or Construction and time does not permit for competitive Bids or obtaining independent quotations. (c) Emergency Purchases made under paragraphs 13.4(a) and 13.4(b) above shall only be to the extent necessary to mitigate the immediate threat, risk or to temporarily contain the situation or circumstance, and restore services. Longer term projects or work for replacement of lost significant infrastructure must follow the provisions of this by-law. (d) The following process shall be conducted for any Emergency Purchases pursuant to paragraph (b) of this subsection: (i) Where it is estimated that the expenditure is within the Authority of the Department Head as stated in Schedule “D” - Bid Thresholds of this by-law, the Department Head or Chief Building Official shall secure any Goods, Services, or Construction required in an efficient, expeditious manner that is in the best interest of the Town. (ii) Where it is estimated that the expenditure exceeds the Authority of the Department Head or Chief Building Official as stated in Schedule “D” - Bid Thresholds of this by-law, where possible and reasonably practical in the circumstances, the approval of the Procurement Manager followed by the approval of the CAO shall be required. The Department Head or Chief Building Official shall secure any Goods, Services, or Construction required in an efficient, expeditious manner that is in the best interest of the Town. (iii) An information report shall be submitted by the Department Head or Chief Building Official to Council, as soon as reasonably possible, which shall include the following information: (1) a description of the circumstance; (2) how the circumstance qualifies as an emergency under this by-law; (3) actions taken and the reasons therefore; and (4) the costs incurred under this section. 13.5 Sole Source Purchases (a) A Sole Source Purchase may be utilized for the Procurement of Goods, Services, or Construction without the competitive Procurement process when there is only one source that is able to meet the requirements of the Procurement, which may be due to their unique ability or skill, possession of proprietary technology, copyright, patent or other intellectual property. (b) The Procurement Manager shall require satisfactory justification from the requesting Department Head explaining the reasons for the Sole Source Purchase. Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 23 of 39 By-law Number XXXX-17 Page 24 (c) Sole Source Purchases shall be in compliance with Schedule “D” - Bid Thresholds of this by-law. (d) Sole Source Purchases shall comply with the reporting and approval requirements set out in Schedule “D” - Bid Thresholds of this by-law. (e) Sole Source Purchases shall be required to comply with the Contract execution requirements of section 14 and the Contractor performance requirements of section 15 of this by-law. (f) A semi-annual report of all Sole Source Purchases not requiring Council approval shall be prepared by the Procurement Manager and reported to the CAO. 13.6 Single Sole Purchases (a) Single Source purchasing may be conducted for the Procurement of Goods, Services, or Construction without the competitive Procurement process, when any of the following circumstances apply: (i) for reasons of standardization, warranty, function or service, such as technical qualifications; (ii) where compatibility with an existing product, equipment, facility or services is a paramount consideration; (iii) where a Good is purchased for testing or trial use, or for resale; (iv) where the Town has a rental contract and an offer to buy-out the equipment or extend the rental contract may be beneficial to the Town; (v) for matters involving security, police matters, or confidential or privileged issues where the disclosure of such matters through an open Solicitation process could reasonably be expected to compromise confidential or privileged information, interfere with the Town’s ability to maintain security or order or to protect human, animal or plant life or health, cause economic disruption, or otherwise be contrary to the public interest; (vi) a Contract is to be awarded under a Co-operative Purchase or a Piggyback arrangement; (vii) in the absence of any Bids in response to a Solicitation for Bids made in accordance with this by-law; (viii) in an Emergency Purchase situation pursuant to section 13.4 of this by-law; (ix) notwithstanding anything in this by-law, where a purchase is determined by Council to be fair and reasonable and is made from a non-profit corporation for the purpose of achieving charitable Town objectives; or Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 24 of 39 By-law Number XXXX-17 Page 25 (x) for the extension or renewal of an existing Contract where the amount of the extended or renewed Contract is within the budgeted amount for the provision of such Goods, Services, or Construction, or is otherwise approved by Council. (b) The Procurement Manager shall require satisfactory justification from the requesting Department Head explaining the reasons for the Single Source Purchase. (c) Single Source Purchases shall be in compliance with Schedule “D” - Bid Thresholds of this by-law. (d) Single Source Purchases shall comply with the reporting and approval requirements set out in Schedule “D” - Bid Thresholds. (e) Single Source Purchases shall be required to comply with the Contract execution requirements of section 14 and the Contractor performance requirements of section 15 of this by-law. (f) A semi-annual report of all Single Source purchases not requiring Council approval shall be prepared by the Procurement Manager and reported to the CAO. 13.7 Co-operative Purchasing and Piggyback (a) The Town may participate with other government agencies or pubic authorities in Co-operative Purchasing where it is in the best interests of the Town to do so. The Town is not required to adhere to the advertising requirements under this by-law and does not need to conduct its own competition when engaged in Co-operative Purchasing. The policies and procedures regarding the Solicitation and Procurement process of the government agencies or public authorities calling the Co-operative Purchasing Bid on behalf of the participants are to be accepted policies and procedures for that particular Bid. (b) The Town may Piggyback by accepting the results of a competitive Procurement process of another government agency or pubic authority where the provisions of the original Solicitation allow for such Piggyback, or when the Vendor is willing to do so, and it is believed by the Procurement Manager that it is in the best interest of the Town to do so. The Town is not required to adhere to the advertising requirements under this by-law and does not need to conduct its own competition when engaged in a Piggyback purchase. (c) Co-operative Purchasing and Piggyback Purchases shall comply with the reporting and approval requirements set out in Schedule “D” - Bid Thresholds. 13.8 In-House Bids In-House Bids shall only be utilized where external sources have also been requested to submit Bids and where Council has approved such Bids. Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 25 of 39 By-law Number XXXX-17 Page 26 13.9 “No Cost” Procurement (a) “No Cost” Procurement occurs where the Town does not bear any cost (expense or capital expenditure). This type of Procurement activity includes revenue generating opportunities and cost pass-through to a third party for a particular project. (b) Revenue generating opportunities shall be acquired by the Town using the same Procurement methods and approval requirements according to the dollar amount thresholds in Schedule “D” – Bid Thresholds for Procurement that has a cost to the Town, which shall be determined based on an actual value (if available) or reasonable estimate of the value/expected revenue of the “No Cost” Procurement. (c) Cost pass-through to a third party where the third party is covering less than one hundred percent (100%) of the total costs for a particular project shall be acquired by the Town using the same Procurement methods and approval requirements according to the dollar amount thresholds in Schedule “D” – Bid Thresholds for Procurement that has a cost to the Town, which shall be determined based on an actual value (if available) or reasonable estimate of the value/expected revenue of the “No Cost” Procurement. Full cost coverage by a third party is dealt with in Schedule “A” – Exceptions to this by-law. Part 3: Post-Award Requirements and Performance 14. Contract Execution 14.1 Prior to the commencement of the provision of Goods, Services, or Construction, the selected Bidder shall be required to: (a) execute a Contract;or (b) acquire a Purchase Order from the Town, depending on the type and dollar amount threshold of the Procurement as set out in Schedule “D” – Bid Thresholds of this by-law. Where applicable for LVPs, Town staff may utilize P-Cards for the acquisition of Goods and Services. 14.2 Where applicable, a selected Bidder shall be required to submit any and all such documents, certificates, and securities as a condition precedent to, and for the performance of, a Contract, at the discretion of the Procurement Manager. Such items may include, without limiting the generality of the foregoing: a Bond, other security for damages in the form of a negotiable instrument, insurance certificates, a certificate of clearance from the Workplace Safety and Insurance Board (WSIB), the contractor’s Health & Safety policy, confirmation of compliance with the AODA, and a project schedule. 15. Contractor Performance 15.1 The Department Head shall be responsible for monitoring the performance of Contractors. The Department Head shall document evidence related to same and having advised the Contractor in writing but which problems persist, advise the Procurement Manager in writing where the performance of a Contractor has been unsatisfactory in terms of failure to meet Contract specifications, performance, invoicing conditions, health and safety requirements, environmental Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 26 of 39 By-law Number XXXX-17 Page 27 protections, or any other Town requirements set by the Procurement Manager from time to time. 15.2 Upon completion of a Contract or the supply of Goods, Services, or Construction for the Town by a Contractor, a written performance evaluation of the Contractor shall be completed by the relevant Department Head and the Procurement Manager and the evaluation shall be placed in the Town file corresponding to the Contractor. A copy of the evaluation and supporting documentation may be made available to persons requesting Town references for a future Contract and also may be reviewed and may form part of the criteria when considering the Town’s future Award of Contracts. 15.3 In a case where an interim performance evaluation is done prior to the completion of a Contract or the supply of Goods, Services, or Construction, and where the interim evaluation has determined the Contractor performance to be unsatisfactory for any reason, a Department Head or the Procurement Manager may request an interim evaluation meeting with a Contractor to discuss any deficiencies and to establish a time for their rectification. 15.4 A Contractor deemed, in the sole opinions of the relevant Town staff and the Procurement Manager, to have poor or unsatisfactory performance of a Contract may: (a) be refused the Award of a future Contract; (b) have Town staff recommend that Council not Award a future Contract to the Contractor; or (c) be placed on a probationary period. A probationary period may specify additional requirements as determined by the Procurement Manager, including the requirement of additional Contract performance security or interim performance evaluations to ensure that the terms of a future Contract are strictly adhered to. 16. Contract Termination 16.1 Where a Contract is required pursuant to Schedule “D” – Bid Thresholds, and the authority to execute the Contract is delegated therein to a Department Head, then the CAO, upon the recommendation of the Procurement Manager, has the Authority to terminate such a Contract at any time under the following circumstances: (a) where a Contractor is in default of terms and/or obligations under an applicable Contract; (b) where a Contractor commits an act of bankruptcy, a receiver is appointed on account of insolvency of a Contractor or in respect of any of its property, or if the Contractor makes a general assignment for the benefit of its creditors; or (c) where it is discovered that the award of a Contract was induced through illegal or fraudulent means or that the Contractor has acted in violation of any federal or provincial laws during the performance of the Contract. Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 27 of 39 By-law Number XXXX-17 Page 28 16.2 Where a Contract is required pursuant to Schedule “D” – Bid Thresholds, and the authority to execute the Contract requires Council approval, then only Council shall have the Authority to terminate such Contract, on the advice of the relevant Department Head and the Procurement Manager. Part 4: Specific Bid and Procurement Issues 17. Contingencies 17.1 Where any Purchase of Goods, Services, or Construction has been Authorized under this by-law, the relevant Department Head may Authorize the disbursement of additional funds for unknown/unexpected conditions or circumstances affecting the Contract work, provided that such additional funds shall not exceed ten percent (10%) of the original Contract amount, and provided that the additional funds are required to complete work set out in the original Contract. 18. Cancellation of Solicitation 18.1 The Procurement Manager may cancel any Solicitation where: (a) no Bids were received in response to the Solicitation or none of the received Bids were from a Compliant and Responsible Bidder; (b) the prices contained in all the submitted Bids in response to the Solicitation exceed the approved budget amount for the project or Purchase, and there is a cancellation request from the Department Head who initiated the Solicitation; or (c) in the opinion of the Department Head responsible for the Solicitation: (i) a material change in the scope of work or specifications is required and a new Solicitation should be issued according to the Procurement Manager; (ii) none of the Bids received adequately address the purpose or intent of the Solicitation or the goal or need of the Town that was to be addressed through the Solicitation; (iii) the Goods, Services, or Construction to be provided by the Solicitation are no longer required by the Town; or (iv) in the opinion of the Procurement Manager, the integrity of the Solicitation has been compromised or the Procurement process was materially flawed. 19. Access to Information 19.1 The disclosure of information received pursuant to any Procurement process, Solicitation, or the Award of a Contract shall be made in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act and the Personal Health Information Protection Act, as amended. Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 28 of 39 By-law Number XXXX-17 Page 29 19.2 Evaluation score sheets of individual Town staff evaluators for each Bidder or Proponent shall remain confidential. Members of Council may not be part of any Bid evaluation process. Part 5: Personal and Real Property 20. Disposal of Personal Property 20.1 Personal Property of the Town, such as furniture, vehicles, equipment, stocks of all supplies, and other Goods and materials, which are no longer used by the Town or which have become obsolete, worn out, or incapable of being used, shall be identified as surplus by the applicable Department Head. Any disposal or Sale of such surplus items shall be in accordance with the provisions of this by-law where applicable. The terms of such disposal or Sale shall be documented. 20.2 Personal Property shall be disposed of using the following process: (a) The Town’s Procurement Services Division (in consultation with the relevant Department Head) shall first offer surplus Personal Property to other Departments or Local Boards. (b) Should any Personal Property remain available after the provisions of paragraph (a) have been carried out, the Procurement Manager shall dispose of such items by one of following methods, which method is determined by the Procurement Manager according to the potential for the highest monetary return for the Personal Property and the resources available to engage such a process: (i) Sale: A Sale Solicitation shall be issued and advertised on an Electronic Bidding system, daily newspaper, or through the York Purchasing Cooperative. Offers shall be received by facsimile, electronically, or by sealed Bid, as determined by the Procurement Manager; (ii) Public auction: The Procurement Manager shall arrange for the Personal Property to be sold at a public auction. A minimum bid may or may not be set and shall be determined by the Procurement Manager with input from other Town staff as appropriate; or (iii) Sale or return/trade-in to a Vendor: Sale or trade-in of the Personal Property directly to a Vendor or Contractor in the applicable line of business. (c) Any Personal Property still available after the provisions of paragraphs (a) and (b) have been carried out shall be disposed of by one of the following methods: (i) The Procurement Manager shall notify community and/or non-profit agencies, as applicable, of the Town’s intent of disposal and negotiate such disposal with any groups or individuals that indicate interest in a manner that is in the best interest of the Town. Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 29 of 39 By-law Number XXXX-17 Page 30 (ii) Any other reasonable manner, including disposal as waste, at the discretion of the Procurement Manager. (d) Where an item or a group of similar items has been declared surplus and has a value of less than One Hundred Dollars ($100.00), all as determined by the Procurement Manager, the Department Head responsible for such item(s) may dispose of such item(s) in a manner alternative to, and not in accordance with, the methods set out under paragraphs (a), (b), and (c), at the discretion of the applicable Department Head. 20.3 No Town staff member, Council member, or Local Board member shall personally obtain any Personal Property that has been declared surplus unless it has been obtained in accordance with any applicable provisions of this by-law. 21. Real Property 21.1 This by-law shall not apply to the acquisition or Sale of Real Property. Real Property interests of the Town shall be acquired or disposed of in accordance with the Town’s Administration Procedure No. 55 – Real Estate Sales, Purchases, and Leases, as may be amended or successor thereof, together with any other applicable process or by-laws dealing with the acquisition, disposal, or Sale of Real Property, which are separate from this by-law. Part 6: Miscellaneous Considerations and General Items 22. Tie Bids Received 22.1 In the case of tie between two Compliant and Responsible Bidders and where multiple awards are not possible, the Town shall determine the winning Bid from the two tied Bids by a coin toss conducted by the Procurement Manager. 22.2 In the case of a tie between three or more Compliant and Responsible Bidders and where multiple awards are not possible, the Town shall determine the winning Bid from the group of tied Bids by a random lottery draw conducted by the Procurement Manager. 23. No Local Preference 23.1 The Town will endeavour to achieve the best value in its transactions. The Town will not be bound to Purchase Goods or Services based upon Canadian content, nor shall the Town practice local preference in awarding Contracts, unless specifically required to do so by an upper-tier government body. All Procurement processes are to be conducted so as not to unduly exclude local vendors while at the same time maintaining the duty to conduct a fair competition and adhere to the generally accepted legal principles applicable to Procurement, and all prevailing Provincial, Federal or International trade treaties or agreements to which the Town is bound. 24. Environmental Considerations 24.1 For the purposes of this section: “Environmentally Preferred” means Goods and Services that have a lesser impact on human health and the environment when compared with competing Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 30 of 39 By-law Number XXXX-17 Page 31 products or services. This comparison may consider raw material acquisition, production, recycled content, manufacturing, waste management, packaging, distribution, re-use, operation, maintenance or disposal. An environmentally preferred Good or Service will meet the criteria of a recognized third party certification program, where such a specification exists for that product class. “Third Party Environmental Certification” means an independent organization that licenses and certifies products that meet environmental standards developed by that organization. The certification programs most frequently used to certify environmentally preferred products are provided in the Town’s Green Procurement Policy. 24.2 To encourage the procurement of Environmentally Preferred Goods and Services with due regard to the preservation and enhancement of the natural environment, Bid Documents may require methods resulting in the least damage to the environment, such as those products which have a recognized Third Party Environmental Certification, where practicable and in accordance with the Town’s Green Procurement Policy. 25. Accessibility Considerations 25.1 The Town is committed to giving people with disabilities the same opportunity to access Town Goods and Services and allowing them to benefit from the same Services, in the same place and in a similar way as other customers. Pursuant to the provisions of the AODA and s. 5(1) of O. Reg. 191/11, as amended, the Town shall incorporate accessibility design, criteria, and features when procuring or acquiring Goods, Services, or facilities, except where it is not practicable to do so. Programs, Goods, Services, facilities, etc. should be accessible to persons with disabilities (visible and invisible), including (without limitation): hearing loss, vision loss, physical or mobility related impairments, temporary disabilities, learning, speech, language, cognitive, psychological, psychiatric, intellectual and developmental disabilities, allergies, and multiple chemical sensitivities. 25.2 If it is determined not to be practicable to incorporate accessibility design, criteria, and features when Purchasing Goods, Services, or facilities, the Department Head responsible for any such Procurement shall, upon request, provide an explanation. 26. Black-Out Period 26.1 During the Black-Out Period, any communication between Bidders and Council members, Town staff, or Town consultants relating to any solicitation, pending Award or submitted Bids, other than to Town staff in the Procurement Services Division, is prohibited. Any such communication in violation of this subsection will entitle the Procurement Manager to disqualify the offending Bidder from consideration for Award. 27. Lobbying 27.1 During the Black-Out Period, no solicitations or lobbying may be made to any Town staff member, Council member, Town consultant, or to the news media by any director, officer, principal, employee, agent, family relation, or other representative of a Bidder (including any other parties that may be involved in a business relationship with the Bidder) with respect to the merits or value of the Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 31 of 39 By-law Number XXXX-17 Page 32 Bidder’s Bid. Any such communication in violation of this section will entitle the Procurement Manager to disqualify the offending Bidder from consideration for Award. This subsection does not apply to presentations or delegations expressly requested by Town staff or by Council, whether in the Bid Documents or otherwise. 28. By-law Review 28.1 This by-law shall be monitored and evaluated for effectiveness continuously by the Procurement Manager and shall be comprehensively reviewed upon specific request by the CAO or by Council. 29. Repeal, Precedence, and Transition 29.1 By-law Number 5910-16, as amended, and all schedules thereto, is hereby repealed on the day of this by-law coming into force and effect. 29.2 This by-law shall take precedence in the case of any conflict with any other Town policies or procedures relating to Procurement. 29.3 Notwithstanding section 29.1, for the purposes of transition to this by-law, all Procurement that commenced (being the date that Bid Documents were released to the public in a Solicitation) prior to the effective date of this by-law are subject to the provisions of By-law Number 5910-16 up to and including the Award of the Contract or Purchase Order. 30. Short Title 30.1 This by-law may be referred to as the “Procurement By-law”. 31. In Force 31.1 This by-law shall come into full force and effect on the date of final passage hereof. Enacted by Town of Aurora Council this 11th day of July, 2017. ____________________________________ Geoffrey Dawe, Mayor ____________________________________ Michael de Rond, Town Clerk Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 32 of 39 By-law Number XXXX-17 Page 33 Schedule “A” Exceptions The Procurement and/or payment of the following items are exempted from the competitive procurement and Purchase Order requirements of this by-law. Established corporate risk management requirements remain applicable.For payment, in lieu of a Purchase Order number on the invoice, insert the “Procurement Exception # xx”. For payment of an on-site service, attach the WSIB and insurance documents to the invoice for payment. 1. Conferences, conventions, courses and seminars 2. Magazines, books and periodicals including subscriptions thereto 3. Trade/professional association membership dues/fees, continuing education, or certification processes 4. Facilitators, program hosts or guest speakers for training, education or corporate purposes 5. Staff development, training and workshops including all related equipment resources and supplies 6. Employment expenses reimbursements to employees per the approved policies 7. Payroll, benefit premiums and related remittances 8. Petty cash replacement 9. Bank charges and brokerage fees, except the selection of the Town’s lead bank 10. Ancillary banking or financial services 11. Debenture, debt and sinking fund payments 12. Remittances of all forms of taxes 13. Charges to and from other governmental bodies (e.g. school boards, federal and provincial ministries/bodies/agencies, Teranet, LSRCA etc.) 14. Purchase or disposition of financial investments 15. Grants to agencies in accordance with any applicable Town policies) 16. Payments regarding Real Property (lease payments, purchases) 17. Committee fees and honorariums 18. Postage and courier services 19. Utility charges – including water, sewer, electricity, natural gas, telecommunication services, internet, cable television, maintenance charges, utility relocations, utility construction, and utility acquisition 20. Town sponsored employee purchase programs 21. Medical evaluations and similar consultations or expenses required by the Town 22. Annual government licences, and certificates, including periodic government inspection fees 23. Annual software licenses renewals or maintenance/support payments when only available from the subject software supplier 24. Claim and litigation settlement payments 25. Newspaper, social media or other media advertising space/presence, except regular “notice board” space 26. Job posting advertising – associations/journals/trade groups 27. Town logo’d promotional materials except clothing 28. Payments for employment and temporary help/employment agencies 29. Events or programs supporting non-profit organizations 30. Legal fees, expert witness/consultant fees, and other court fees/costs 31. Appraiser 32. Special forensic auditor 33. Land surveyor 34. Real estate agent 35. Arbitrator, mediator, and other similar professionals 36. Suppliers and entertainers for special events and programs 37. Goods, services or construction where one hundred percent (100%) of the total cost is being paid by or reimbursed by a third party. Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 33 of 39 By-law Number XXXX-17 Page 34 Schedule “B” Bid Irregularities ̽̽Sealed Envelope For the purposes of this by-law, the following actions shall be taken regarding Bid Irregularities (as defined in this by-law). Item Description Action 1. Late Bid. Automatic rejection. 2. Bid not submitted at location specified in the Solicitation. 3. Bid submitted in other format than specified in the Solicitation. 4. Bid not submitted using required forms. 5. Bid envelope not sealed. 6. Bid not legible. 7. Bid Document not signed in ink with an original signature (if required by Solicitation) or not signed by all Bidders (if Bid is on behalf of a joint-venture). 8. Signature page not provided in the Bid (if specified and required in the Solicitation). 9. Pages requiring completion of information or specification not submitted with the Bid (if specified and required in the Solicitation). 10. Failure to submit a list of subcontractors (if required in the Bid Document). 11. Unit price in the “price schedule” which has been changed but not initialed and the unit price extension/total price is not consistent with the unit price as amended. 12. Pricing page(s) not submitted with the Bid (if specified and required in the Solicitation). 13. Bid Deposit (if requested) not submitted with the Bid. 14. Bid submitted from a Bidder that has not been pre-qualified, where pre-qualification was required in the Solicitation. 15. Bidder did not attending a mandatory site meeting (if required in the Solicitation). 16. Undertaking to Provide a Bond or Letter of Credit, or actual Bond not submitted with the Bid or not original signed copy (if requested). 17. Undertaking to Provide a Bond or Letter of Credit, or actual Bond, submitted on a form or in a format not permitted in accordance with the Bid Document. 18. Bond, Bid Bond, Undertaking to Bond, or Agreement to Bond missing: a corporate seal, proof of authority to bind bonding company, signature of Bidder, or seal and signature of surety (as applicable). 19. Incomplete Bid.Automatic rejection, unless it is stated in the Solicitation that partial Bids are acceptable, and the Bid is complete in respect of the portion of the scope of work or deliverable(s) that is Bid upon. If a unit/item price in a Bid is blank, it shall be interpreted as no charge for that item. 20. Proposal does not address all components identified in the Bid Document. Missing component will be scored zero. If the component has been identified in the Bid Document as requiring a response for that component but no response is given, then automatic rejection. 21. All Addenda not acknowledged as specified in the Bid Document or each addendum (if issued). Automatic rejection, unless the relevant addendum issued is solely for the purpose of revising a closing date and/or time and the Bid is received in accordance with revised date and/or time. Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 34 of 39 By-law Number XXXX-17 Page 35 Item Description Action 22. Bid submitted by a Bidder (or by an affiliate, related entity, principal, officer, or director of such Bidder), who is in unresolved Litigation with the Town or is the subject of third party claims involving the Town. Possible rejection. Referred to Bid Review Committee for review, consideration, and determination. Factors to be considered will include, but are not limited to: (a) the severity, materiality, and nexus between the Litigation and the work for which the Bid is submitted; (b) where the Town has been named as plaintiff or defendant pursuant to a subrogated interest, an appropriate arrangement has been made to indemnify the Town; and (c) the Bidder’s performance under previous Contracts with the Town, the Town’s claims history with the Bidder, and an assessment of the overall risk and total cost in entering into a Contract with the Bidder. 23. Alterations, additions, deletions or qualifying statements (referred to as a “variation”) made to the Bid Documents or provided with the Bid. Automatic rejection, unless in the opinion of the Bid Review Committee, such variation is considered to be immaterial to the Town. 24. Alternate and/or substitute items bid in whole or in part that were not requested in the Solicitation. Rejection of any alternative and/or substitute items not requested by the Solicitation. 25. Bids containing minor clerical errors If in the opinion of the Procurement Manager the errors are of a minor nature and are not material to the Bid, they can be waived at the option of the Procurement Manager. Otherwise, the Bid shall be rejected.May be referred to the Bid Review Committee for final determination. 26. Strikeouts, erasures, whiteouts, or overwrites made to the Bid form, not initialed by an authorized person. Automatic rejection, unless in the opinion of the Procurement Manager, the failure to initial is minor in nature and is not material to the determination of the Bid. Otherwise, the Bid shall be rejected. May be referred to the Bid Review Committee for final determination. 27. Mathematical errors for total price which are not consistent with the unit price or mathematical errors such as tax calculation errors. Bidders shall accept corrections to total bid price or tax calculation that is made by the Procurement Manager. Unit prices shall always govern. 28. Unit price in the “price schedule” which has been changed but not initialed and the unit price extension/total price is consistent with the unit price as amended. Bid will be accepted unless, in the opinion of the Procurement Manager, the changes to the unit prices create ambiguity and uncertainty – in such case, the Bid shall be rejected. May be referred to the Bid Review Committee for final determination. 29. Bid Deposit (if requested) contains insufficient funds as called for in the Bid Document. Automatic rejection unless insufficient amount is de minimis ($2.00 or less). 30. Other Bid Irregularities Referred to the Bid Review Committee for review, consideration, and determination. Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 35 of 39 By-law Number XXXX-17 Page 36 Schedule “C” Bid Irregularities ̽̽Electronic Bidding For the purpose of this by-law, the following actions shall be taken regarding Bid Irregularities (as defined in this by-law). Item Description Action 1. Bid not submitted as specified in the Solicitation. 2. Bid submitted in other format than specified in the Solicitation. 3. Bid not submitted using required forms. 4. Bid not signed with a signature (if required by the Solicitation) or not signed by all parties (if Bid is on behalf of a joint-venture). 5. Signature page not provided in the Bid (if specified and required in the Solicitation). 6. Pages requiring completion of information or specification not submitted with the Bid (if specified and required in the Solicitation). 7. Failure to submit a list of subcontractors (if required in Bid Document). 8. Unit price extension/total price is not consistent with the unit price as amended. 9. Bid Deposit (if requested) not submitted with the Bid. 10. Bid submitted from a Bidder that has not been pre-qualified, where pre-qualification was required in the Solicitation. Bidder did not attend the mandatory site meeting (if required in the Solicitation). 11. Undertaking to Provide a Bond or Letter of Credit, or actual Bond, submitted on a form or in a format not permitted in accordance with the Bid Document. 12. Proposal does not address all components identified in the Bid Document. Missing component will be scored zero. If the component has been identified in the Bid Document as requiring a response for that component but no response is given, then automatic rejection. 13. Bid submitted by a Proponent (or by an affiliate, related entity, principal, officer, or director of such Proponent), who is in unresolved Litigation with the Town or is the subject of third party claims involving the Town. Possible rejection. Referred to Bid Review Committee for review, consideration, and determination. Factors to be considered will include, but are not limited to: (a) the severity, materiality, and nexus between the Litigation and the work for which the Bid is submitted; (b) where the Town has been named as plaintiff or defendant pursuant to a subrogated interest, an appropriate arrangement has been made to indemnify the Town; and (c) the Bidder’s performance under previous Contracts with the Town, the Town’s claims history with the Bidder, and an assessment of the overall risk and total cost in entering into a Contract with the Bidder. 14. Alterations, additions, deletions or qualifying statements (referred to as a “variation”) made to the Bid Documents or provided with the Bid. Automatic rejection, unless in the opinion of the Bid Review Committee, such variation is considered to be immaterial to the Town. 15. Alternate and/or substitute items bid in whole or in part that were not requested in the Solicitation. Rejection of any alternative and/or substitute items not requested by the Solicitation. 16. Bids containing minor clerical errors.If in the opinion of the Procurement Manager the errors are of a minor nature and are not material to the Bid, they can be waived at the option of the Procurement Manager. Otherwise, the Bid shall be rejected. May be referred to the Bid Review Committee for final determination. Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 36 of 39 By-law Number XXXX-17 Page 37 Item Description Action 17. Bid Deposit (if requested) contains insufficient funds as called for in the Bid Document. Automatic rejection unless insufficient amount is de minimis ($2.00 or less). 18. Other Bid Irregularities.Referred to the Bid Review Committee for review, consideration, and determination. Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 37 of 39 By-law Number XXXX-17 Page 38 Schedule “D” Bid Thresholds For the purpose of this by-law, the following are the required Procurement methods, approval Authority, reporting requirements, and Contract requirements for the specified amount thresholds. Dollar Thresholds (Excluding Taxes) Method of Procurement Source of Bids (Advertising)Report To Approval/ Award Contract Type 1. Bids and Proposals Up to $5,000.00 Low Value Purchase (LVP) Purchases made from the competitive marketplace where possible and practicable. Obtaining a minimum of three (3) written quotes where possible. Advertising is not required. Not applicable Town staff as delegated by the applicable Department Head Invoice (may pay with P-Card) $5,000.01 to $30,000.00 Informal Quick Bid Request for Quotation (QB-RFQ) -or- Informal Quick Bid Request for Proposal (QB-RFP) (a) Advertising is required in such manner as directed by Procurement Manager (b) Solicitation to list of pre-qualified Bidders; Not applicable Department Head Purchase Order $30,000.01 to $100,000.00 Formal Request for Quotation (RFQ) -or - Formal Request for Proposal (RFP) Advertising is required in such manner as directed by the Procurement Manager Not applicable Department Head Purchase Order and Contract (executed by the applicable Department Head) Over $100,000.00 Formal Request for Tender (RFT) -or - Formal Request for Proposal (RFP) Advertising is required in such manner as directed by the Procurement Manager Council (from the applicable Department Head or designate) Council Purchase Order and Contract (executed by the Mayor and Town Clerk as per Council direction) 2. Emergency Purchases Up to $50,000.00 Not applicable Advertising not required Not applicable Department Head P-Card or Emergency Purchase Order $50,000.01 to $100,000.00 Not applicable Advertising not required Not applicable CAO Emergency Purchase Order Over $100,000.00 Not applicable Advertising not required Council as soon as reasonably possible by the CAO explaining actions taken and reasons therefore (may be after the emergency is over and after Purchase is Awarded) CAO Emergency Purchase Order and Contract (if emergency situation permits; executed by the CAO) Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 38 of 39 By-law Number XXXX-17 Page 39 Dollar Thresholds (Excluding Taxes) Method of Procurement Source of Bids (Advertising)Report To Approval/ Award Contract Type 3. Sole Source, Single Source, Co-operative Purchasing, & Piggyback Up to $5,000.00 Sole Source, Single Source, Co-operative Purchasing, or Piggyback Advertising not required Not applicable Department Head Invoice (may pay with P-Card) $5,000.01 to $50,000.00 Sole Source, Single Source, Co-operative Purchasing, or Piggyback Advertising not required Not applicable Department Head Purchase Order $50,000.01 to $100,000.00 Sole Source, Single Source, Co-operative Purchasing, or Piggyback Advertising not required CAO (from the applicable Department Head or designate) CAO Purchase Order and Contract (executed by the CAO) Over $100,000.00 Sole Source, Single Source, Co-operative Purchasing, or Piggyback Advertising not required Council (from the applicable Department Head or designate) Council Purchase Order and Contract (executed by the Mayor and Town Clerk as per Council direction) 4. Determination of Availability of Goods and Services Not applicable Request for Expressions of Interest (RFEI) -or - Request for Information (RFI) Advertising is required in such manner as directed by the Procurement Manager. May be followed by another Procurement method. Not applicable Not applicable Not applicable 5. Pre-Qualification and Multi-Step Bids May be used in conjunction with another Procurement method listed in Schedule “D” – Bid Thresholds Request for Pre- Qualification -or - Multi-Step Bid Call Advertising is required in such manner as directed by the Procurement Manager As specified in related Procurement method As specified in related Procurement method As specified in related Procurement method Methods of Procurement listed in this Schedule are minimum methods only in accordance with sections 11, 12, and 13 of this by-law. Formal Requests for Tender (RFT) and Formal Requests for Proposal (RFP) may be used for any dollar thresholds at the discretion of the applicable Department Head. Similarly, Council approval to Award may also be sought at the discretion of the applicable Department Head or the CAO. All Contracts that are to be executed and required by this Schedule “D” – Bid Thresholds shall be reviewed and approved as to form by Legal Services prior to execution. Council Meeting Agenda Tuesday, July 11, 2017 By-law (a) Page 39 of 39 The Corporation of the Town of Aurora By-law Number XXXX-17 Being a By-law to provide tax reductions or refunds in respect of eligible heritage properties within the Aurora Promenade Community Improvement Plan. Whereas subsection 365.2(1) of the Municipal Act, 2001,S.O. 2001, c. 25, as amended (the “Act”) states that a local municipality may establish a program to provide tax reductions or refunds in respect of eligible heritage property; And whereas on March 18, 2014, the Council of The Corporation of the Town of Aurora enacted By-law Number 5598-14 to adopt a Community Improvement Plan (the “Aurora Promenade Community Improvement Plan”); And whereas Heritage Property Tax Relief Program (Program 5) is an incentive program offered through the Aurora Promenade Community Improvement Plan, as provided for under section 365.2 of the Act (the “Heritage Property Tax Relief Program”); And whereas subsection 365.2(3) of the Act states that the amount of the tax reduction or refund provided by a local municipality in respect of an eligible heritage property must be between 10 and 40 per cent of the taxes for municipal and school purposes levied on the property that are attributable to, (a) the building or structure or portion of the building or structure that is the eligible heritage property; and (b) the land used in connection with the eligible heritage property, as determined by the local municipality; And whereas subsection 365.2(4) of the Act states that in a by-law under this section, the local municipality, (a) must specify a percentage that satisfies the requirements of subsection (3) of the Act that will be used in calculating the amount of the tax reduction or refund to be provided in respect of eligible heritage properties; And whereas the Council of the Town deems it necessary and expedient to establish the Heritage Property Tax Relief Program as a means of encouraging the enhancement, restoration and/or preservation of heritage properties for commercial/commercial mixed uses; Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows: 1. The Heritage Property Tax Relief Program be and is hereby established and is subject at all times to the availability of funding. 2. The amount of the tax reduction or refund provided by the Town in respect of an eligible heritage property be 40 per cent of the taxes for municipal and school purposes levied on the property that are attributable to, (a) the building or structure or portion of the building or structure that is the eligible heritage property; and (b) the land used in connection with the eligible heritage property, as determined by the Town. Council Meeting Agenda Tuesday, July 11, 2017 By-law (b) Page 1 of 2 By-law Number XXXX-17 Page 2 of 2 3. In order to determine eligibility for the Heritage Property Tax Relief Program, the Town may enter upon the eligible heritage property. The owner shall consent to the inspection of the eligible heritage property, as and when deemed necessary by the Town to inspect. 4. The Heritage Property Tax Relief Program shall be administered in accordance with Program 5 of the Aurora Promenade Community Improvement Plan and the Act. 5. Within thirty (30) days of this passing of this By-law, the Town Clerk shall provide notice to the Minister of Finance, the Regional Municipality of York and the Ministry of Culture. Enacted by Town of Aurora Council this 11th day of July, 2017. ___________________________________ Geoffrey Dawe, Mayor ___________________________________ Michael de Rond, Town Clerk Council Meeting Agenda Tuesday, July 11, 2017 By-law (b) Page 2 of 2 The Corporation of the Town of Aurora By-law Number XXXX-17 Being a By-law to adopt Official Plan Amendment No. 14 Whereas on September 28, 2010, the Council of The Corporation of the Town of Aurora (the “Town”) enacted By-law Number 5285-10, as amended, to adopt the Official Plan for the Town of Aurora (the “Official Plan”); And whereas authority is given to Council pursuant to the Planning Act, R.S.O. 1990, c. P.13, as amended, to pass a by-law amending the Official Plan; And whereas the Town deems it necessary and expedient to further amend the Official Plan; Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows: 1. Official Plan Amendment No. 14 attached hereto and forming part of this By-law be and is hereby adopted. 2. This By-law shall come into force subject to compliance with the provisions of the Planning Act, R.S.O. 1990, c. P.13, as amended, and subject to compliance with such provisions, this By-law will take effect from the date of final passage hereof. Enacted by Town of Aurora Council this 11th day of July, 2017. ___________________________________ Geoffrey Dawe, Mayor ___________________________________ Michael De Rond, Town Clerk Council Meeting Agenda Tuesday, July 11, 2017 By-law (c) Page 1 of 9 Amendment No. 14 To the Official Plan for the Town of Aurora Council Meeting Agenda Tuesday, July 11, 2017 By-law (c) Page 2 of 9 Page 2 of 6 Amendment No. 14 To the Official Plan for the Town of Aurora The Amendment No. 14 to the Official Plan for the Town of Aurora Planning Area which was adopted by the Council of the Corporation of the Town of Aurora is hereby approved in accordance with sections 17 and 21 of the Planning Act,R.S.O. 1990, c. P.13, as amended. The Regional Municipality of York Per: Date: ________________Name: __________________________ Council Meeting Agenda Tuesday, July 11, 2017 By-law (c) Page 3 of 9 Page 3 of 6 Amendment No. 14 To the Official Plan for the Town of Aurora ___________________________________________________________________ Statement of Components Part I – The Preamble 1. Introduction 2. Purpose of the Amendment 3. Location 4. Basis of the Amendment Part II – The Amendment 1. Introduction 2. Details of the Amendment 3. Implementation and Interpretation Council Meeting Agenda Tuesday, July 11, 2017 By-law (c) Page 4 of 9 Page 4 of 6 Part I – The Preamble 1. Introduction This part of the Official Plan Amendment No. 14 (the “Amendment”), entitled Part I – The Preamble, explains the purpose and location of this Amendment, and provides an overview of the reasons for it. It is for explanatory purposes only and does not form part of the Amendment. 2. Purpose of the Amendment The purpose of this site specific Official Plan Amendment is to permit place of worship use within the “Existing Employment – Light Industrial/Service” designation. 3. Location The lands affected by this Amendment are located on the west side of Edward Street at Dunning Avenue, municipally known as 210 Edward Street; having a lot area of 4,322 m2; and legally described as Part Block B, Plan 488, designated as Part 1 on Plan 65R- 7942; Part Block C, designated as Part 1 on Plan 65R-8648 as in R520453; Part of Edward Street, Plan 488 (closed by A61584A); and Part Block B, Plan 488 as in R134858, except Part 4 on Plan 65R-7942; subject to A4238A and A66809A, Town of Aurora, Regional Municipality of York (the “Subject Lands”). 4. Basis of the Amendment The basis of the Amendment is as follows: 4.1 The Official Plan Amendment application (file: OPA-2016-02) and Zoning By-law amendment were submitted to the Town for consideration on June 6, 2016, to permit the site specific Official Plan Amendment on the Subject Lands. 4.2 The Public Planning Meeting was held by the Town’s Council on December 16, 2016 to obtain input from members of the public and the Town’s Council. 4.3 The site plan consists of the existing 1,387 m2 GFA building, all of which is to be occupied by the proposed place of worship. The site plan includes 46 parking spaces. 4.4 The Official Plan designates the subject lands as “Existing Employment – Light Industrial/Service”. An amendment is required to permit the proposed place of worship in the entire building. All other designations and policies remain unchanged. 4.5 The implementing Zoning By-law amendment will remove the existing restriction on the size of the place of worship and incorporate appropriate development provisions and performance standards for the development of the subject lands. 4.6 The subject lands are situated in an employment area with a municipal park and residential to the west and represent an appropriate location for the proposed use. There is no conversion or removal of employment lands. Council Meeting Agenda Tuesday, July 11, 2017 By-law (c) Page 5 of 9 Page 5 of 6 4.7 The site specific policies as outlined in the Details of the Amendment are considered to be compatible, appropriate and a complementary land use and built form within the surrounding area. Part II – The Amendment 1. Introduction All of this part of the document entitled Part II – The Amendment, consisting of the following text and attached as Schedule “A” and Schedule “B”, designated as Schedule “A” (Land Use Plan) and Schedule “H” (Site Specific Policy Areas), constitutes Amendment No. 14 to the Official Plan. 2. Details of the Amendment The Official Plan is hereby amended as follows: Item (1): “Notwithstanding any policies to contrary as outlined in Policy 10.7.2 a) of the Official Plan respecting permitted uses, the following special site specific use shall apply to the lands designated as “Existing Employment – Light Industrial/Service – Site Specific Policy No. 46”, within the area shown as the Subject Lands on Schedule “B” attached hereto and forming part of this lan: a) A Place of Worship use shall also be permitted.” 3. Implementation and Interpretation This Amendment has been considered in accordance with the provisions of the Official Plan. The implementation and interpretation of this Amendment shall be in accordance with the respective policies of the Official Plan, Zoning By-law and any Subdivision Agreement. Council Meeting Agenda Tuesday, July 11, 2017 By-law (c) Page 6 of 9 Page 6 of 6 Explanatory Note Re: Official Plan Amendment No. 14 By-law Number XXXX-17 has the following purpose and effect: The purpose of this amendment is to amend the Town of Aurora Official Plan, as amended, for the lands shown on Schedule “B” Special Policy No. 46 to permit a place of worship in the “Existing Employment – Light Industrial/Service” designation. All other provisions of the Official Plan will continue to apply. Council Meeting Agenda Tuesday, July 11, 2017 By-law (c) Page 7 of 9 Engelhard Drive Edward Street Edward StreetGurnett StreetGurnett StreetCC oo uu ss ii nn ss DD rr ii vv ee EE aa ss ttCousins DriveCousins Drive EEddwwaarrddSSttrreeeettDunning AvenueDunning Avenue WWeennddeerrllyyDDrriivveeKKee nn nn ee dd yy SS tt rr ee ee tt EE aa ss tt Royal RoadRoyal Road IInndduussttrriiaallPPaarrkkwwaayySSoouutthhYONGE STREETMap created by the Town of Aurora Planningand Building Services Department - GIS Division, June 30, 2017. Base data provided by York Region 0 100 200 Metres LEGEND Subject Lands SCHEDULE “A”TO OPA NO. 14 Existing Employment - General Industrial Stable Neighbourhoods Public Parkland The Aurora Promenade Existing Employment - Light Industrial/Service Private Parkland Environmental Protection Council Meeting Agenda Tuesday, July 11, 2017By-law (c) Page 8 of 9 TOWNSHIP OF KINGRailway/GO Transit LineTOWN OF WHITCHURCH-STOUFFVILLETOWN OF NEWMARKET Railway/GO Transit LineCNRHydro CorridorHydro Co r r ido r TOWN OF RICHMOND HILL ST. JOHN'S SIDEROAD ST. JOHN'S SIDEROAD WELLINGTONSTREET WEST WELLINGTON STREET EAST HENDERSON DRIVE VANDORF SIDEROAD BLOOMINGTON ROAD BLOOMINGTON ROADBATHURST STREETBATHURST STREETYONGE STREETYONGE STREETBAYVIEW AVENUEBAYVIEW AVENUELESLIE STREETLESLIE STREETHIGHWAY 404HIGHWAY 40428 37 35 36 38 39 40 41 45 46 43 44 42 16 5 32 14 1 23 19 152620 10 18 34 4 13 31 21 6 279 8 3 33 7 2 29 24 & 25 11 22 12 30 17 THIS SCHEDULE IS A CONSOLIDATIONAND IS PREPARED FOR CONVENIENCEONLY. FOR ACCURATE REFERENCES,THE ORIGINAL OPA SCHEDULESSHOULD BE CONSULTED. COPIES OFTHE ORIGINALS ARE AVAILABLE INTHE CORPORATE & FINANCIALSERVICES OR PLANNING &BUILDINGT SERVICES DEPARTMENTS. 0 10.5 Kilometers LEGEND Built Boundary Site Specific Policy Areas Site Specific Policy Area Boundary of Oak Ridges Moraine Area Ontario Regulation 01/02 Municipal BoundaryRoad Oak Ridges Moraine BoundaryProposed Road Boundary of Oak Ridges Moraine ConservationPlan Area Ontario Regulation 140/02 CREATED:09/28/2011APPROVED BY:MR UPDATED:05/15/2017 UPDATED BY:MLDRAWN BY:CF & JS FILE NAME:Schedule_H_Site_Specific_Policy_Areas.mxd SCHEDULE “B”TO OPA NO. 14- SITE SPECIFIC POLICY AREAS Council Meeting Agenda Tuesday, July 11, 2017By-law (c) Page 9 of 9 The Corporation of the Town of Aurora By-law Number XXXX-17 Being a By-law to adopt Official Plan Amendment No. 16. Whereas on September 28, 2010, the Council of The Corporation of the Town of Aurora (the “Town”) enacted By-law Number 5285-10, as amended, to adopt the Official Plan for the Town of Aurora (the “Official Plan”); And whereas authority is given to Council pursuant to the Planning Act, R.S.O. 1990, c. P.13, as amended, to pass a by-law amending the Official Plan; And whereas the Town deems it necessary and expedient to further amend the Official Plan; Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows: 1. Official Plan Amendment No. 16 attached hereto and forming part of this By-law be and is hereby adopted. 2. This By-law shall come into force subject to compliance with the provisions of the Planning Act, R.S.O. 1990, c. P.13, as amended, and subject to compliance with such provisions, this By-law will take effect from the date of final passage hereof. Enacted by Town of Aurora Council this 11th day of July, 2017. ___________________________________ Geoffrey Dawe, Mayor ___________________________________ Michael De Rond, Town Clerk Council Meeting Agenda Tuesday, July 11, 2017 By-law (d) Page 1 of 9 Amendment No. 16 To the Official Plan for the Town of Aurora Council Meeting Agenda Tuesday, July 11, 2017 By-law (d) Page 2 of 9 Page 2 of 6 Amendment No. 16 To the Official Plan for the Town of Aurora ___________________________________________________________________ Statement of Components Part I – The Preamble 1. Introduction 2. Purpose of the Amendment 3. Location 4. Basis of the Amendment Part II – The Amendment 1. Introduction 2. Details of the Amendment 3. Implementation and Interpretation Council Meeting Agenda Tuesday, July 11, 2017 By-law (d) Page 3 of 9 Page 3 of 6 Part I –The Preamble 1. Introduction This part of the Official Plan Amendment No. 16 (the “Amendment”), entitled Part I – The Preamble, explains the purpose and location of this Amendment, and provides an overview of the reasons for it. It is for explanatory purposes only and does not form part of the Amendment. 2. Purpose of the Amendment The purpose of this Amendment is to facilitate the development of a new place of worship (known as the Aurora United Church) and a seven (7) storey retirement home with 152 units and associated below grade parking. 3. Location The lands affected by this Amendment are located at the northwest corner of the Tyler Street and Yonge Street intersection, municipally known as 15186 Yonge Street, 55, 57 & 57A Temperance Street and 12 & 16 Tyler Street, in the Town of Aurora; having a lot area of approximately 0.46 hectares; and legally described as Part Lots 9, 10 and 11, W/S Yonge Street, Plan 9, Town of Aurora, Regional Municipality of York (the “Subject Lands”). 4. Basis of the Amendment The basis of the Amendment is as follows: 4.1 The Official Plan Amendment application (File: OPA-2016-05) and Zoning By-law amendment was submitted to the Town of Aurora for consideration in December 2016 to facilitate the development of a new two (2) storey place of worship and a seven (7) storey retirement home within the Aurora Promenade – Downtown Area Official Plan land use designation. The proposed place of worship would replace the former Aurora United Church building which existed on the Yonge Street frontage since 1878 prior to being destroyed by a fire in 2014. 4.2 A Public Planning Meeting was held by the Town’s Council on March 22, 2017 to present the application and obtain input from members of the public and Council. 4.3 A second Public Planning Meeting was held by the Town’s Council on May 24, 2017 which presented revisions to the original application including a revised building height limit of seven (7) storeys. 4.4 The Aurora Promenade Secondary Plan Schedule B2, provides specific height controls for the Subject Lands. A minimum height of two (2) storeys and maximum height of five (5) storeys is required by the Plan. An Amendment to the Official Plan will be required to Schedule B2 to increase the maximum number of storeys permitted on the site to seven (7) storeys (22.5 metres). 4.5 The development plans propose an active streetscape with both uses fronting on Yonge Street. The building plans conform to the general provisions and are in keeping with the directions of the Promenade Secondary Plan, and the Aurora Promenade Concept Plan, Urban Design Strategy. Amendment to the Official Plan are also required to accommodate minor build-to yard setbacks on the front, Council Meeting Agenda Tuesday, July 11, 2017 By-law (d) Page 4 of 9 Page 4 of 6 exterior side and rear yards as provided for in Aurora Promenade – Downtown Designation Area development policies. 4.6 The Official Plan provides policies related to parkland dedication within the Aurora Promenade. It is not suitable for the proposed development to provide the required parkland on site. As such, a cash-in-lieu of parkland payment will be required to address the Parkland dedication requirements. This is also considered to be appropriate given the broader interests of intensification and core area growth along the Promenade Corridor to achieve the objectives of the Secondary Plan. 4.7 The implementing Zoning By-law amendment will apply site specific provisions to implement the development plan by incorporating appropriate development provisions and performance standards for the development of the Subject Lands. 4.8 The Site Specific Policies as outlined in the Details of The Amendment are considered to be compatible and appropriate which will result in a complementary built form within the Aurora Promenade – Downtown Area. The request for an amendment to the height schedule is suitable in that the site is a relatively larger site in the Downtown Area and the building will be stepped back and tiered away from adjacent streets. The seven storey height along Temperance is necessary to accommodate the sloping grade difference with falls west from Yonge Street to Temperance Street. The proposed built form allows two compatible uses on the site and maintains the important building transition to the neighbouring residential neighbourhood. The development will support the goal of intensification within the Aurora Promenade, and meets the objectives of the Plan. 4.9 Appropriate development of the Subject Lands will be achieved through the application and implementation of the urban design guidelines as part of the Town’s Site Plan control process as envisioned by the Promenade policies of the Official Plan. This will be ensured through the Town Council’s review and approval of the final Site Plan and the subsequent site specific zoning bylaw amendment. Part II – The Amendment 1. Introduction All of this part of the document entitled Part II – The Amendment, consisting of the following text and attached as Schedule “A” and Schedule “B”, designated as Schedule “B2” (The Aurora Promenade Secondary Plan Area) and Schedule “H” (Site Specific Policy Areas), constitutes Amendment No. 16 to the Official Plan. 2. Details of the Amendment The Official Plan is hereby amended as follows: Item (1): “Schedule “B2”, The Aurora Promenade Secondary Plan Area, being Part of the Town of Aurora Official Plan is amended to increase the maximum height on the property from minimum two (2) storeys and maximum five (5) storeys to; minimum two (2) storeys, maximum seven (7) storeys for the Subject Lands, as shown on Schedule “A”, attached hereto and forming part of this Amendment.” Council Meeting Agenda Tuesday, July 11, 2017 By-law (d) Page 5 of 9 Page 5 of 6 Item (2): “Schedule “H”, Site Specific Policy Areas, being part of the Town of Aurora Official Plan, is amended by adding a Site Specific Policy Area 47 over the Subject Lands, as shown on Schedule “B”, attached hereto and forming part of this Amendment.” Item (3): Notwithstanding any policies to the contrary as outlined in Policy 11.3.2 respecting development policies, the following special site specific use and policies shall apply to the lands designated as “Site Specific Policy No. 47”, with the area shown as the Subject Lands on Schedule “B” attached hereto and forming part of this Plan: “The site shall be developed as; a two (2) storey place of worship at the intersection of Tyler and Yonge Streets forming a key focal point at the intersection, and; a retirement residence having a maximum height of 6 storeys from the Yonge Street exposure and maximum 7 storeys from the Temperance Street exposure. The place of worship building may be built at a .3m setback to Tyler Street. The retirement residence component of the building has exposure to Yonge Street, Tyler Street and Temperance Street. The retirement residence shall be tiered and stepped back from the abutting streets in accordance with the angular plane policies of the Promenade Plan and the architecture and building materials shall be sensitive and compatible to the character of the Yonge Street Promenade Downtown Area and to the adjacent residential neighbourhood to the south and west. The design shall also provide the majority of parking within an underground parking structure and no direct vehicular access will be permitted onto Yonge Street. The retirement residence may be built at a 0 m setback from Yonge Street, 2.5m setback from Tyler Street and 2.5 m setback from Temperance Street.” 3. Implementation and Interpretation This Amendment has been considered in accordance with the provisions of the Official Plan. The implementation and interpretation of this Amendment shall be in accordance with the respective policies of the Official Plan. Council Meeting Agenda Tuesday, July 11, 2017 By-law (d) Page 6 of 9 Page 6 of 6 Explanatory Note Re: Official Plan Amendment No. 16 By-law Number XXXX-17 has the following purpose and effect: The Official Plan Amendment amends Schedule B2 to the Aurora Promenade Plan by allowing the subject lands to be development as a place of worship and retirement residence, with the retirement residence having a maximum building height six (6) of storeys adjacent to Yonge Street and seven (7) storeys adjacent to Temperance Street. The Details of the Amendment also specify that the retirement residence is to be tiered and stepped back from the adjacent streets in accordance with the Promenade Plan and provides for minimum build to allowances. Council Meeting Agenda Tuesday, July 11, 2017 By-law (d) Page 7 of 9 Council Meeting Agenda Tuesday, July 11, 2017By-law (d) Page 8 of 9 Council Meeting Agenda Tuesday, July 11, 2017By-law (d) Page 9 of 9 The Corporation of The Town of Aurora By-law Number XXXX-17 Being a By-law to Confirm Actions by Council Resulting from a Council Meeting on July 11 , 2017. The Council of the Corporation of The Town of Aurora hereby enacts as follows: 1.That the actions by Council at its Council meeting held on July 11, 2017, in respect of each motion, resolution and other action passed and taken by the Council at the said meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2.That the Mayor and the proper officers of the Town are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary in that behalf and the Clerk is hereby authorized and directed to affix the corporate seal to all such documents. Enacted by Town of Aurora Council this 11th day of July, 2017. ___________________________________ Geoffrey Dawe, Mayor ___________________________________ Michael de Rond, Town Clerk Council Meeting Agenda Tuesday, July 11, 2017 Confirming By-law Page 1 of 1 Public Release July 11, 2017 Town of Aurora Additional Items to Council Meeting Agenda Tuesday, July 11, 2017 7 p.m., Council Chambers  Delegation (b) Troy Hourie, Aurora Village Ratepayers Re: Item C1(R1) – PBS17-050 – Applications for Official Plan Amendment and Zoning By-law Amendment, Aurora United Church  Delegation (c) Susan Walmer, Highland Gate Ratepayers Association, and Jo-Anne Bartholomew, Highland Gate Park Committee Re: Item C1(R2) – PRCS17-026 – Highland Gate Conceptual Parkland Design   Delegation Request 7KLV'HOHJDWLRQ5HTXHVWIRUPDQGDQ\ZULWWHQVXEPLVVLRQVRUEDFNJURXQGLQIRUPDWLRQ IRUFRQVLGHUDWLRQE\HLWKHU&RXQFLORU&RPPLWWHHVRI&RXQFLOPXVWEHVXEPLWWHGWRWKH &OHUN¶VRIILFHE\WKHIROORZLQJGHDGOLQH 4:30 p.m. Two (2) Days Prior to the Requested Meeting Date Council/Committee/Advisory Committee Meeting Date: Subject: Name of Spokesperson: Name of Group or Person(s) being Represented (if applicable): Brief Summary of Issue or Purpose of Delegation: Please complete the following: +DYH\RXEHHQLQFRQWDFWZLWKD7RZQVWDIIRU &RXQFLOPHPEHUUHJDUGLQJ\RXUPDWWHURILQWHUHVW"<HV ܆܆1R ܆ ,I\HVZLWKZKRP"  'DWH  ܆,DFNQRZOHGJHWKDWWKH3URFHGXUH%\ODZSHUPLWVILYH  PLQXWHVIRU'HOHJDWLRQV /HJLVODWLYH6HUYLFHV  &OHUNV#DXURUDFD 7RZQRI$XURUD -RKQ:HVW:D\%R[ $XURUD21/*- July 11 Town Council Meeting AUC/AMICA application Troy Hourie Aurora Village Ratepayers AVRP concerns ✔ Additional Items to Council Meeting Agenda Tuesday, July 11, 2017 Delegation (b) Page 1 of 1 ,.,..._...... AUR__ORA Legislative Services 905-727-3123 Clerks@aurora.ca Town of Aurora 100 John West Way, Box 1000 Aurora, ON L4G 6J1 Delegation Request This Delegation Request 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. Two (2) Days Prior to the Requested Meeting Date Council/Committee/Advisory Committee Meeting Date: Town of Aurora Council July 11, 2017 Subject: Highland Gate Parkland Conceptual Design Name of Spokesperson: Susan Walmer Name of Group or Person(s) being Represented (if applicable): Brief Summary of Issue or Purpose of Delegation: Potential resolution of park design concersn Please complete the following: Have you been in contact with a Town staff or Yes D No [lJ Council member regarding your matter of interest? If yes, with whom? Date: � I acknowledge that the Procedure By-law permits five (5) minutes for Delegations. Highland Gate Ratepayers Association Additional Items to Council Meeting Agenda Tuesday, July 11, 2017 Delegation (c) Page 1 of 1