The URL can be used to link to this page

AGENDA - General Committee - 20151006GENERAL COMMITTEE MEETING AGENDA TUESDAY,OCTOBER 6,2015 7 P.M. COUNCIL CHAMBERS AURORA TOWN HALL PUBLIC RELEASE October 2,2015 TOWN OF AURORA GENERAL COMMITTEE MEETING AGENDA Tuesday,October 6,2015 7 p.m. Council Chambers Councillor Pirri in the Chair 1.DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF 2.APPROVAL OF THE AGENDA RECOMMENDED: THAT the agenda as circulated by Legal and Legislative Services be approved. 3.DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION 4.ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION 5.DELEGATIONS (a)Kirk Corkery,Chair of Regimental Council,The Queen’s York Rangers pg.1 Re:Item 2 –PR15-031 –Placement of Light Armoured Vehicle at the Aurora Cenotaph 6.PRESENTATIONS BY THE ADVISORY COMMITTEE CHAIR 7.CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION General Committee Meeting Agenda Tuesday,October 6,2015 Page 2 of 4 8.NOTICES OF MOTION (a)Councillor Thompson pg.70 Re:Fair Pricing of e-books for Public Libraries 9.NEW BUSINESS/GENERAL INFORMATION 10.CLOSED SESSION 11.ADJOURNMENT General Committee Meeting Agenda Tuesday,October 6,2015 Page 3 of 4 AGENDA ITEMS 1.IES15-057 –Winter Maintenance Annual 2014/2015 Performance Report pg.6 RECOMMENDED: THAT Report No.IES15-057 be received for information. 2.PR15-031 –Placement of Light Armoured Vehicle at the Aurora Cenotaph pg.15 RECOMMENDED: THAT Report No.PR15-031 be received;and THAT the placement of a Light Armoured Vehicle (LAV)at the Aurora Cenotaph Peace Park in 2016 be approved;and THAT an expenditure,not to exceed $15,000.00,be approved in the 2016 Capital Budget for the purposes of site preparation and memorial signage that will be required to accommodate the LAV. 3.PL15-074 –Application for Site Plan Amendment pg.23 1525366 Ontario Ltd. 67 Industrial Parkway North File Number:SP-2015-05 RECOMMENDED: THAT Report No.PL15-074 be received;and THAT Site Plan Application File SP-2015-05 (1525366 Ontario Ltd.)be approved to permit the development of the subject lands for the construction of a 334 m2 GFA addition onto the existing building and a new 156 m2 storage building;and 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. 4.LLS15-058 –Municipal Legislation Review –Town Submission pg.34 RECOMMENDED: THAT Report No.LLS15-058 be received;and General Committee Meeting Agenda Tuesday,October 6,2015 Page 4 of 4 THAT the submission letter attached to Report No.LLS15-058 is hereby endorsed as the Town’s formal submission regarding the Province of Ontario’s Municipal Legislation Review;and THAT the submission letter attached to Report No.LLS15-058 be sent to the Ministry of Municipal Affairs and Housing (Municipal Legislation Review group) and directly to Minister Ted McMeekin. 5.Memorandum from Director of Planning &Development Services pg.53 Re:Municipal Council Support Resolution (Blanket)–Notice to Proceed RECOMMENDED: THAT the memorandum regarding Municipal Council Support Resolution (Blanket)–Notice to Proceed be received;and THAT the Mayor and Clerk be authorized to execute the form attached to this memorandum. 6.Economic Development Advisory Committee Meeting Minutes of pg.57 September 10,2015 RECOMMENDED: THAT the Economic Development Advisory Committee meeting minutes of September 10,2015,be received for information. 7.Community Recognition Review Ad Hoc Committee Meeting Minutes of pg.63 September 15,2015 RECOMMENDED: THAT the Community Recognition Review Ad Hoc Committee meeting minutes of September 15,2015,be received for information. 8.Parks and Recreation Advisory Committee Meeting Minutes of pg.66 September 17,2015 RECOMMENDED: THAT the Parks and Recreation Advisory Committee meeting minutes of September 17,2015,be received for information. 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.ON THE BUSINESS DAY PRIOR TO THE REQUESTED MEETING DATE COUNCIL/COMMITTEE/ADVISORY COMMITTEE DATE:General Committee,October 6,2015 SUBJECT:Item 2 –PR15-031 –Placement of a Light Armoured Vehicle at the Aurora Cenotaph NAME OF SPOKESPERSON:Kirk Corkery,Chair of Regimental Council NAME OF GROUP OR PERSON(S)BEING REPRESENTED (if applicable): The Queen’s York Rangers BRIEF SUMMARY OF ISSUE OR PURPOSE OF DELEGATION: The Parks and Recreation Services Department was approached by The Queen’s York Rangers with a request for the Town to take ownership of,and display,a Light Armoured Vehicle (LAV)at the Aurora Cenotaph and Peace Park. PLEASE COMPLETE THE FOLLOWING: Have you been in contact with a Town staff or Council member regarding your matter of interest?YES ☒NO ☐ IF YES,WITH WHOM?Al Downey,Director Parks &Recreation Services DATE:Sep.24,2015 ☒I acknowledge that the Procedural By-law permits five (5)minutes for Delegations. Legal and Legislative Services 905-727-3123 CSecretariat@aurora.ca Town of Aurora 100 John West Way,Box 1000 Aurora,ON L4G 6J1 General Committee Meeting Agenda Tuesday,October 6,2015 Delegation (a)Page -1 -1 - LAV III Monument For Aurora’s Cenotaph Park Aurora Town Council 12015-10-06 Program Background •Announced Nov 5th,2014 •Up to 250 LAV III monuments across the country •To be used as memorials especially recognizing the service and sacrifices of the CAF members in Afghanistan •No more than one per community Aurora Town Council 22015-10-06 General Committee Meeting Agenda Tuesday,October 6,2015 Delegation (a)Page -2 -2 - Criteria 1. Community ties with: •Afghanistan •Canadian Armed Forces (CAF) •Sacrifice •Military &Defence Industries 2. Monument –location,visitor access and sustainability/upkeep 3. Community engagement with the monument Aurora Town Council 32015-10-06 Why Appropriate for Aurora •40,000+Canadians served in Afghanistan over 13 years •Many have connections to York Region •158 did not come home •Queen’s York Rangers •Approximately 40%of the soldiers served a tour •Awarded a Battle Honour by the Government of Canada •Recognized their contributions •All Rangers did come home Aurora Town Council 42015-10-06 General Committee Meeting Agenda Tuesday,October 6,2015 Delegation (a)Page -3 -3 - LAV III Monument •LAV III were used extensively in Afghanistan •Decommissioned/demilitarized hulls donated by GoC •Built originally by General Dynamics Land Systems in London •Monuments will be created by Militex Coatings and Fanshawe College students using spare/surplus parts and the donated hulls. •They are not functional. Aurora Town Council 52015-10-06 LAV in Afghanistan Aurora Town Council 62015-10-06 General Committee Meeting Agenda Tuesday,October 6,2015 Delegation (a)Page -4 -4 - LAV III Monument Aurora Town Council 72015-10-06 Costs &Timeline •LAV III -$17K (Canada Company) •Transportation &delivery -$8-10K (Rangers/Donation) •Concrete pad &pedestal -$15K (Town of Aurora) •Monument available in spring of 2016 Aurora Town Council 82015-10-06 General Committee Meeting Agenda Tuesday,October 6,2015 Delegation (a)Page -5 -5 - TOWN OF AURORA GENERAL COMMITTEE REPORT No.IES15-057 SUBJECT:Winter Maintenance Annual 2014/2015 Performance Report FROM:Ilmar Simanovskis,Director of Infrastructure and Environmental Services DATE:October 6,2015 RECOMMENDATIONS THAT Report No.IES15-057 be received for information. PURPOSE OF THE REPORT The purpose of this report is to provide information on events and activities related to winter maintenance operations for the 2014/2015 season and identified areas of improvement. BACKGROUND Winter maintenance of Town owned roads and all sidewalks is managed by Town staff and delivered through a combination of in-house and contracted services.Regional roads and transit stops are managed by the Region of York.These services are coordinated where possible to provide an effective program for creating safe commuter access. The Town is currently divided into 9 Plow Routes,5 of which are maintained using in- house staff and the remaining 4 are completed by a contractor.The Town is divided into 6 sidewalk plow routes,all of which are maintained using a contractor. The current winter maintenance policy was adopted by Council in September 2014. COMMENTS Performance results are well within target service levels The following Table 1 summarizes the service targets for snow treatment on roads.The performance target for sidewalk clearing is completion within 24 hours after the end of the event. General Committee Meeting Agenda Tuesday,October 6,2015 Item 1 Page -1 -6 - October 6,2015 -2 -Report No.IES15-057 Table 1-Snow Depth Targets for Roads Road Classification Minimum Maintenance Standard Service Target Max Depth (cm) Max Time (hr) Max Depth (cm) Max Time (hr) 2 (Yonge Street)5 6 5 6 4 (Primary Routes) 8 16 8 16 5 (Secondary Routes) 10 24 8 24 Class 2-Yonge Street Class 4-Primary local roads such as John West Way Class 5-Secondary local roads such as Evelyn Buck Lane Performance is measured on a per event basis with an event being defined as snow accumulation over the duration of four hours with an accumulation of between 5 and 10 cm.A weather occurrence that lasts for more than 4 hours or deposits more than 10 cm is defined as two events.This methodology is used to align with the number of times the snow plows are required to clear the streets during an event. Table 2-Performance Results Description Result Total Equivalent Events 37 Total Snow Fall (cm)130 Complaints Telephone 436 Email/web 115 Total 551 Average per event 15 Primary Routes Performance Average Route Time 5 hours (Target 16 hours) Number of Target Exceedances 1 Secondary Routes Performance Average Route Time 9 hours (Target 24 hours) Number of Target Exceedances nil Sidewalks Average Route Time 19 hours (Target 24 hours) Number of Target Exceedances 3 Materials Usage compared to performance targets is favourable The materials used for managing snow on the roads are straight salt on the primary roads and a 90 percent sand and 10 percent salt mix on the secondary roads.The following Table 3 presents the materials usages compared to recommended targets. Overall,application rates are within the target range and generally on the lower side of the target range suggesting efficient usage of materials.The historic practice of using sand on secondary roads has been to reduce salt purchase and mitigate environmental impacts due to salt usage.However,it is interesting to note that we apply almost twice the amount of sand for a typical event. General Committee Meeting Agenda Tuesday,October 6,2015 Item 1 Page -2 -7 - October 6,2015 -3 -Report No.IES15-057 Table 3 -Materials usage summary Description Result Total Equivalent Events 37 Salt usage Total Application 1,280 Tonnes (926 or primary road,354 on secondary road) Target application rate primary road 130 to 170 kg/lane km Average application rate per event for primary road 172 kg/lane km Sand usage Total Application 2,500 Tonnes (secondary road) Target application rate secondary road (sand/salt mix) 300 to 450 kg/lane km Average application rate per event (sand only) 317 kg/lane km Average application rate per event (salt only) 45 kg/lane km Average application rate per event (sand/salt mix) 362 kg/lane km Average application per event Salt 35 Tonnes Sand 68 Tonnes Note:1 tonnes=1,000 kg Lean Practices Review identifies two favourable efficiencies to be implemented for the 2015/2016 winter season The department initiated a Lean Practices Review pilot program in 2015 to review key services for opportunities to reduce costs and waste.The process involves a review of the current practices and how these practices relate to the desired service levels.The goal of the exercise is to verify that every step in the service delivery process is adding value to the desired end goal. This technique was applied to the winter maintenance program as one of the several selected pilot areas.Two efficiency opportunities were uncovered during the review and were significant enough to warrant implementation for the 2015/2016 winter season. The equivalent value of these changes is $130,000.Part of this is related to direct cost savings in change in materials use.However,a more significant aspect of this value recovery is in reducing the amount of time needed by staff to perform certain aspects of the winter program thereby freeing up resources to either offset overtime pressure or apply this time to other priorities.This is the primary benefit of a Lean Practices Review, in which non-value add activities are identified and practices change to reduce this wasted effort.Details of these efficiencies are described as follows. EFFICIENCY OPPORTUNITY 1-Eliminate use of sand on secondary roads In reviewing program costs and applying Lean analysis to winter operations,staff identified a significant opportunity that would both result in annual cost savings as well General Committee Meeting Agenda Tuesday,October 6,2015 Item 1 Page -3 -8 - October 6,2015 -4 -Report No.IES15-057 as increased level of service in road condition to the community. Sand is primarily used to increase traction on the road surface and does minimal to aid the snow reduction.It is most effective where roads are not plowed to bare asphalt,as in the case of rural or low priority roads.One attractive property of sand is the cost comparison to salt,where is it 86 percent less expensive.However,when applying sand to roadways,it is required that 3.5 times the amount of sand be applied compared to salt for maximum effectiveness. Indirect Costs of Using Sand on Roadways This greater application rate results in greater trips to the yard for refilling of the material,increasing costs of labour and fuel.Also with more time taken to apply sand to the roadways,the risk of not meeting the outlined service target increases. Unlike salt,sand will remain on the roadways after the snow melting has completed. This buildup of excess material on roadways needs to be collected and properly disposed of in the spring,resulting in increased street sweeping and material disposal costs. Sand will also travel through the Town’s storm water management infrastructure and eventually end up in ponds,rivers and streams.The excess sand causes environmental impacts and increased operating costs related to cleaning of catch basins to remove any buildup of sand. Cost comparison of current practice vs.full salt use The following Table 4 shows a detailed breakdown of current operational costs: Table 4 -Sand vs Salt Costs for Secondary Roads Item Parameter Current Practice Proposal to use 100%salt on all roads Difference 1.Salt Applied on Primary Streets 1279 ton 1279 ton Nil 2.Materials Applied on Secondary Streets 2500 ton sand 720 ton salt -1,772 ton (70% savings) 3.Total Applied Materials 3771 ton 2000 ton -1,772 ton (47% savings) 4.Number of Trips to Storage Dome 629 trips 333 trips -296 trips (47% savings) 5.Salt Application costs $97,856 $152,939 $111,443 (268% increase) 6.Sand Application costs $41,496 $0 Full savings 7.Total Material Costs $139,352 $152,938 $13,586 (10% increase) 8.CB Cleaning Contract $100,000 $50,000 -$50,000 (50% savings) General Committee Meeting Agenda Tuesday,October 6,2015 Item 1 Page -4 -9 - October 6,2015 -5 -Report No.IES15-057 9.Street Sweeping Contract $55,000 $0 Full savings 10.Existing Town Owned Sweeper Usage $15,000 $15,000 nil 11.Additional Town Owned Sweeper (amortized cost of new sweeper) $23,000 $23,000 12.Material Disposal Costs $80,000 $15,000 -$65,000 (77% savings) Total Annual Costs $389,352 $255,938 -$133,414 (34% annual savings) Some of the key changes that contribute to the significant annual cost savings are: Item 2-There is a significant reduction in material application as the rate of salt application is almost a quarter of the sand/salt mix application.This is due to the large amount of sand needed to achieve the desired traction affect. Item 4-There is expected to be a significant reduction in the number of material loading trips to the salt dome due to this significant reduction in overall application rate.This will have a positive impact on time of service delivery as the equipment will spend more time on the roads plowing rather than jockeying between routes and the yard.There is also other anticipated savings in time as the application of salt can occur continuously for all roads rather than the current need to return to the yard with partial loads of alternating materials (sand applications vs salt applications). Item 5-Overall cost increase in materials is due to the higher cost of salt.Although we are applying less material overall,salt costs do cause an overall cost increase. Item 8-Catch basins will require less frequent vacuum removal of sand as there will be much less debris on the roads in the spring. Item 9,10,11-Due to the lack of sand on the roads,street sweeping can be performed more quickly.Current service level is to hire a contracted fleet to complete the Town within two to three weeks.However,with no sand use in the winter,it is believed that the sweeper production rate can be increased (based on GPS reported average travel speed of the town sweeper during regular sweeping operations).The proposal is to eliminate the sweeper contract and purchase a second sweeper to complete the entire process in-house.It is estimated that the entire town can be completed in four weeks during the spring.Also,as there will be no sand applied to the roads,the condition of the streets in the spring will be much better to start,resulting in less overall sweeper effort required and fewer expected complaints. Item 12-There will still be some sweeper material collected,however the overall volume is expected to be at least 80 percent less than current quantities resulting in direct savings in disposal costs. General Committee Meeting Agenda Tuesday,October 6,2015 Item 1 Page -5 -10 - October 6,2015 -6 -Report No.IES15-057 Environmental impacts considered negligible Environment Canada has identified salt use as a hazard to the environment however; no suitable alternative to road safety management is available. This proposed program change will result in a 56 percent increase in salt application for the town. However,when considering the overall impacts of sand application such as entry into storm sewers,dust generation,impact on private properties,collection and disposal costs and land fill capacity use,there are environmental benefits to avoiding sand use both in energy for equipment operations and impact on the local environments. There is clearly a benefit in reducing total materials handled by 47 percent over the year. Additional street sweeper is in the capital plan for 2016 An additional street sweeper was previously identified in the 10 year capital plan for 2016 to accommodate growth in the community.The change from sand to salt has created an additional opportunity to eliminate contracted spring sweeping which will result in further cost savings. Overall budget impact to be assessed in 2016 performance report There is expected to be a reduction of cost pressures related to the above changes. However,current budget amounts have been exceeded in the previous years due to a combination of community growth and active winter weather.Adjustments to the 2016 budget are not proposed at this time but rather will be monitored and reported in 2016 once the combined financial impact of these service level changes are verified. EFFICIENCY OPPORTUNITY 2-Eliminate use of liquid brine and replace with pre- treated salt In 2008 the town began a transition from straight salt application to a wetting process where liquid brine was added to the salt at the time of application.This required separate brine storage and application to be purchased and installed at the yard and on all the vehicles. After 7 years of use staff have reconsidered this method in light of experiences and changes in the industry. Some of the issues with brine use are storage and handling.The brine solution is mildly corrosive and has been causing pre-mature corrosion on the vehicles even with regular cleaning and washing. General Committee Meeting Agenda Tuesday,October 6,2015 Item 1 Page -6 -11 - October 6,2015 -7 -Report No.IES15-057 It is also a separate operation which takes additional time as the vehicles need to both load the rock salt and fill the saddle tanks with brine for each trip to the yard.This is time consuming and negatively impacts speed of service delivery directly impacting our completion times. Although pre-treated salt is more expensive,the overall costs savings and perceived improvement to service levels makes this option a preferred choice.The costs reported in efficiency opportunity 1 are not impacted as the marginal increase in pre-treated salt is offset by savings in brine handle and residual damage to equipment.Pre-treated salt technology has also advanced since 2008 and has been shown to be more effective resulting in less quantity required,and to have a longer reaction time resulting in increased duration of effectiveness. It is recommended that salt purchases be changed to pre-treated salt for 2015/16 season.The industry brand is known as Thawrox and is available through our usual distributors. The budget impact of this change is related to time savings and an expected no net impact in changing practices from brine use to pre-treated salt use.Cost analysis will be reported in the 2016 performance report to verify the net benefit. LINK TO STRATEGIC PLAN This project supports the Strategic Plan Goal of Supporting an Exceptional Quality of Life for All by improving transportation,mobility and connectivity.This project establishes a program that enhances the accessibility and safety of vehicular and pedestrian traffic during the winter season. ALTERNATIVE(S)TO THE RECOMMENDATIONS Council passed a motion at its meeting on February 24th 2015 that staff bring forth recommendations on how to provide the residents of Aurora with improved winter maintenance.The following are for Councils consideration. Option –Reduce response trigger from 8cm to 5cm and reduce time to complete clearing of the snow from roads.The proposed targets are revised as presented in Table 5.This option is expected to increase overtime requirements as the department will now dispatch equipment to address snow accumulation at 5cm instead of the current 8cm which could occur outside of normal business hours.These additional overtime costs are currently avoided by only operating limited crews during the evening and night shifts.The benefit of adding more overnight capacity is the ability to reduce the time it takes to complete the routes. General Committee Meeting Agenda Tuesday,October 6,2015 Item 1 Page -7 -12 - October 6,2015 -8 -Report No.IES15-057 The impact of this option would be the need to add an additional 4 seasonal staff to provide additional night shift coverage at an estimated salary budget of $200,000. Table 5 –Proposed targets Road Classification Minimum Maintenance Standard Current Policy Service Target Performance Trend Max Depth (cm) Max Time (hr) Max Depth (cm) Max Time (hr) Average Depth (cm)Average Time (hr) 2 (Yonge Street) 5 6 5 4 5 3 Bare Pavement 4 (Primary)8 16 5 12 5 12 Bare Pavement 5 (Secondary) 10 24 5 18 5 12 snow packed It is noted that performance during the 2014/2015 season was an average of 5 hours for the primary roads and 9 hours for the secondary roads which means that current performance is already exceeding the defined service targets on average.Where improvements will be seen is in the time it takes to respond to an event and the ability to start the response earlier based on the reduced snow depth to start.It is not however expected that the community as a whole will notice significant improvements in service levels.This is due to the fact that most complaints are generated during significant events in which case resource constraints will continue to occur due to the limited number of plow vehicles. The benefit of this option is that the increased staff capacity will reduce scheduling shortages and ensure that full compliments are available for a larger part of a 24-hour day. FINANCIAL IMPLICATIONS The removal of sand in favour of 100 percent salt for The Town of Aurora’s snow removal program will result in an equivalent value of $130,000. An additional street sweeper will be required to realize this value and has been previously identified in the 10 year capital plan. From the detailed breakdown of the change in process,total costs of material used will increase,as salt is more expensive than sand.Cost savings occur with the reductions of the catch basin and street sweeping contracts,as well as significant reductions in material waste disposal. Although the use of Thawrox is marginally more expensive than salt,there will be a marginal cost savings eliminating the use of brine. As these cost savings are unrealized at this time and will need to be verified through the results of the operational changes,it is proposed that financial benefits will be reported in the 2016 performance report based on the experience of the 2015/2016 winter season.Cost benefits will then be applied to the 2017 budget.Therefore the 2016 General Committee Meeting Agenda Tuesday,October 6,2015 Item 1 Page -8 -13 - General Committee Meeting Agenda Tuesday,October 6,2015 Item 1 Page -9 -14 - TOWN OF AURORA GENERAL COMMITTEE REPORT No.PR15-031 SUBJECT:Placement of a Light Armoured Vehicle at the Aurora Cenotaph FROM:Allan D.Downey,Director of Parks and Recreation Services DATE:October 6,2015 RECOMMENDATIONS THAT Report No.PR15-031 be received as information;and THAT the placement of a Light Armoured Vehicle (LAV)at the Aurora Cenotaph Peace Park in 2016 be approved;and THAT an expenditure,not to exceed $15,000.00,be approved in the 2016 Capital Budget for the purposes of site preparation and memorial signage that will be required to accommodate the LAV. PURPOSE OF THE REPORT To obtain approval to take ownership of the LAV and display the vehicle on a prepared site at the Aurora Cenotaph and Peace Park. BACKGROUND The Parks and Recreation Services Department was approached by the Queens York Rangers with a request for the Town to take ownership of and display a LAV at the Aurora Cenotaph and Peace Park. Staff were advised by the Queens York Rangers that the Department of National Defence (DNN)were making available several hundred LAV’s to communities across the country for the purposes of public display in prominent locations in local municipalities. Queens York Rangers have been successful in their bid to secure one LAV and have requested Town of Aurora approval to display the vehicle at the Aurora Cenotaph and Peace Park to honour The Queens York Rangers and all Canadian Service men and women across the nation who have served and continue to serve in the Canadian Armed Forces. General Committee Meeting Agenda Tuesday,October 6,2015 Item 2 Page -1 -15 - October 6,2015 -2 -Report No.PR15-031 COMMENTS The LAV that will be sited at the Park will be a stripped down version that does not contain armament,engine or operational equipment of any kind.The unit is a virtual shell of a complete and operational unit and is meant for display and memorial purposes only.The colour of the vehicle will be a military type “drab green”as shown in the attached LAV III Monument. In order to accommodate the LAV on site,it will be necessary to construct an engineered concrete slab in advance of the arrival of the vehicle.The exact location of the slab will be determined by staff in consultation with representatives from the Aurora Legion and the Queens York Rangers to ensure that the location of the vehicle is both prominent on the site and suitably located to accommodate the annual Remembrance Day services. Upon siting of the LAV in the Park,the Town will assume its ownership,ongoing care, maintenance and any associated liability.Staff does not expect that the ownership of the vehicle will result in any major obligations of financial commitments. Notwithstanding,it should be noted that that due to the prominence of the site and its reverential character,this vehicle must remain in a presentable condition at all times and that any acts of vandalism or degradation would need to be swiftly mitigated by town staff as required.As such there may be occasions where action will be required and expenses will be incurred.The LAV Memorial display will include a dedication plaque in both official languages as attached. LINK TO STRATEGIC PLAN The display of the LAV supports the Strategic Plan goal of Supporting an Exceptional Quality of Life for All through its accomplishment in satisfying requirements in the following key objective within this goal statement: Celebrating and Promoting our Culture:Expand opportunities and partnerships that contribute to the celebration of culture in the community. ALTERNATIVE(S)TO THE RECOMMENDATIONS 1.There are no alternative locations in the Town of Aurora that provide the desired exposure to the satisfaction of the Queens York Rangers.Staff has been advised that Aurora Cenotaph and Peace Park is the most suitable site in the Town of Aurora. 2.To not approve the placement of the LAV at the Aurora Cenotaph and Peace Park. 3.Further options as required. General Committee Meeting Agenda Tuesday,October 6,2015 Item 2 Page -2 -16 - General Committee Meeting Agenda Tuesday,October 6,2015 Item 2 Page -3 -17 - Attachment #1 General Committee Meeting Agenda Tuesday,October 6,2015 Item 2 Page -4 -18 - General Committee Meeting Agenda Tuesday,October 6,2015 Item 2 Page -5 -19 - Attachment #3 General Committee Meeting Agenda Tuesday,October 6,2015 Item 2 Page -6 -20 - Attachment #4 General Committee Meeting Agenda Tuesday,October 6,2015 Item 2 Page -7 -21 - Attachment #5 General Committee Meeting Agenda Tuesday,October 6,2015 Item 2 Page -8 -22 - TOWN OF AURORA GENERAL COMMITTEE REPORT No.PL15-074 SUBJECT:Application for Site Plan Amendment 1525366 Ontario Ltd. 67 Industrial Parkway North File Number:SP-2015-05 FROM:Marco Ramunno,Director of Planning &Development Services DATE:October 6,2015 RECOMMENDATIONS THAT Report No.PL15-074 be received;and THAT Site Plan Application File SP-2015-05 (1525366 Ontario Ltd.)BE APPROVED to permit the development of the subject lands for the construction of a 334 m2 GFA addition onto the existing building and a new 156 m2 storage building;and 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. PURPOSE OF THE REPORT This report outlines the proposal for a site plan application to allow a 334 m2 GFA addition onto the existing 430 m2 GFA building and a new 156 m2 GFA storage building on the subject lands,as illustrated in Figure 4.The addition is proposed to be used for vehicle storage and the storage building will be used to store landscaping material. BACKGROUND The existing building on the property was constructed in 1990.The building is a two storey,430 m2 GFA industrial building was approved via site plan application no.SP- 1989-02. On June 18,2015,the owner submitted a new site plan application (file SP-2015-05)to permit the development of the proposed addition and storage building.Eight (8)new parking spaces are proposed for a total of 22. General Committee Meeting Agenda Tuesday,October 6,2015 Item 3 Page -1 -23 - October 6,2015 -2 -Report No.PL15-074 Location/Land Use The subject lands are located on the east side of Industrial Parkway North,north of Wellington Street East,known municipally as 67 Industrial Parkway North (see Figure 1).The site has 38.1 m of frontage on Industrial Parkway and an area of 7,677 m2. The surrounding land uses are as follows: North:Industrial South:Institutional East:Institutional West:Industrial,Industrial Parkway North Policy Context Town of Aurora Official Plan The subject lands are designated as “Existing Employment –Light Industrial/Service”by the Town of Aurora Official Plan.Permitted uses include office/research,industrial and manufacturing,warehouse facilities,industrial supply and service and contractor sales, micro-industries that support non-noxious uses,automotive and recreational related uses,service commercial,commercial recreational,conference,educational facilities, retail functions ancillary/accessory to the main use,parks and recreation,public uses, utilities,child care facilities,and wholesale facilities. Town of Aurora Zoning By-law The subject lands are zoned “General Industrial (M2)Zone”.Permitted uses in the M2 Zone include warehouses and industrial uses,ancillary retail,self storage,data processing,fitness and recreation centres,private clubs,laundries,body shops,motor vehicle rental and repair,offices,repair shops,research labs,trade schools,and transportation terminals. Site Design The site plan proposes a 334 m2 GFA addition onto the existing 430 m2 GFA building and a new 156 m2 GFA storage building.The pertinent site statistics are as follows: General Committee Meeting Agenda Tuesday,October 6,2015 Item 3 Page -2 -24 - October 6,2015 -3 -Report No.PL15-074 Existing –Zoning By-law (M2)Proposed Development Including Existing Building Lot Area (minimum)1400.0 m2 7,677 m2 Lot Frontage (minimum)30.0 m 38.1 m Front Yard (minimum)3.0 m 17.1 m Rear Yard (minimum)9.0 m 35.84 m Interior Side Yard (minimum) 3.0 m 3.0 m Parking Requirements (minimum) Industrial:1 space/50 m2 GFA Office:3.3 spaces/90 m2 GFA Total:22 spaces 22 spaces Loading Spaces (minimum) 2 spaces for each building 300- 2500 m2 GFA (2 spaces for proposed site plan) 1 space Building Height (maximum) 15.0 m 7.45 m COMMENTS The subject application was circulated to Town departments,Enbridge,Ontario Power Generation,Powerstream,Rogers,Bell,and the school boards.There are no objections to the proposed development.The applicant is addressing technical comments from the first submission,which are summarized below,which will be completed prior to execution of the site plan agreement.All comments have been provided to the applicant. Town of Aurora Official Plan The Existing Employment –Light Industrial/Service designation is intended to accommodate a broad range of employment opportunities as well as service commercial uses and retail uses of a quasi-industrial nature within existing employment areas.The site plan application for the construction of an addition and new storage building is considered to conform to the Official Plan. Town of Aurora Zoning By-law The proposed development has been evaluated by the Town’s Building &By-law Services Department;staff are satisfied that the site plan complies with the zoning provisions provided that an additional loading space is provided for the proposed addition. General Committee Meeting Agenda Tuesday,October 6,2015 Item 3 Page -3 -25 - October 6,2015 -4 -Report No.PL15-074 Site Plan Design The site plan proposes an addition on the east side of the existing building and a storage building east of the addition towards the rear of the property.The main driveway extends the length of the existing and new buildings,with 8 new parking spaces along the southerly property line.No changes are proposed to the front of the property along Industrial Parkway. There are two easements on the subject property,both in favour of the Town for a 1200 mm storm sewer that runs north from the St.Maximilian Kolbe Catholic High School property and then east,connecting back to the high school property.The storm sewer empties into a tributary of the Holland River.The site plan does not affect either easement. Landscaping The subject property currently has several ornamental deciduous and coniferous trees along the north,west,and south property lines in the westerly portion of the property.A decorative fence runs along the property lines in the same area of the property.The site changes are behind the landscaped area,on a part of the property that is not highly visible from Industrial Parkway,other public roads,or sensitive land uses.No additional landscaping is proposed.The Town’s Parks &Recreation Services Department is satisfied with the site plan and has not requested any new landscaping. Building Elevations The building currently consists of a two storey office building with the industrial portion of the building at the rear.The addition is located to the east (rear)of the existing building and will be finished with grey pre-finished metal siding and a blue pre-finished metal accent band at the roofline.It will be the same height of the existing building but will be stepped down to match the grade of the property.The addition will be accessed via two overhead doors and three hollow metal man doors.The metal siding and accent band on the existing building will be replaced to match the addition. The storage shed will consist of 2.4 m high concrete block walls with an arched fabric roof. Parking and Access The property is accessed via a driveway from Industrial Parkway North.This access would be unchanged.The existing parking spaces are mostly in front of the building;the 8 new parking spaces will be added to the east adjacent to the current spaces.The driveway follows the south side of the building and includes a turnaround between the addition and the new storage building.Central York Fire Services has indicated that the access route must be designed to support loads imposed by firefighting equipment. General Committee Meeting Agenda Tuesday,October 6,2015 Item 3 Page -4 -26 - October 6,2015 -5 -Report No.PL15-074 Servicing The subject lands have full municipal services.Stormwater currently drains west to Industrial Parkway and east to the 1200 mm storm sewer,depending on the portion of the property.The proposed site grading will generally match the existing grading and the existing drainage patterns will be maintained.The Town’s Development Planning Engineer is satisfied with the site plan. Accessibility The Accessibility Advisory Committee has requested that the applicant add an accessible parking space. LINK TO STRATEGIC PLAN The Employment Trend Analysis Report supports the Strategic Plan goal of Enabling a Creative,Diverse and Resilient Economy through its accomplishment in satisfying requirements in the following key objectives within this goal statement: Promoting economic opportunities that facilitate the growth of Aurora as a desirable place to do business:By approving the proposed addition and new building, this will help Develop plans to attract businesses that provide employment opportunities for our residents. ALTERNATIVE(S)TO THE RECOMMENDATIONS 1.Direct staff to report back to Council addressing any issues that may be raised at the Council Meeting. FINANCIAL IMPLICATIONS Administrative fees will be payable upon execution of the site plan agreement.Legal Services have reviewed the application and will determine the applicability of cash in lieu of parkland prior to the issuance of building permits. PREVIOUS REPORTS None. General Committee Meeting Agenda Tuesday,October 6,2015 Item 3 Page -5 -27 - General Committee Meeting Agenda Tuesday,October 6,2015 Item 3 Page -6 -28 - ScanlonCourtI n d u s t r i a l P a r k w a y N o r t h In d u s t r i a l P a r k w a y North LOCATIONMAPMapcreatedbytheTownofAuroraPlanning&DevelopmentServicesDepartment,September15,2015.BasedataprovidedbyYorkRegion&theTownofAurora.AirPhotostakenSpring2015,©FirstBaseSolutionsInc.,2015Orthophotography.APPLICANT:1525366ONTARIOINC.FILE:SP-2015-05FIGURE1StJohn'sSdrdWellingtonStEVandorfSdrdHendersonDrive^WellingtonStWUV404UV404LeslieStYongeStBathurstStBayviewAveBloomingtonRd0255075100MetresSubjectLandsGeneral Committee Meeting Agenda Tuesday,October 6,2015 Item 3 Page -7 -29 - ScanlonCourtCentreStreetInd u s t r i a l P a r k w a y N o r t h EXISTINGOFFICIALPLANMAPMapcreatedbytheTownofAuroraPlanning&DevelopmentServicesDepartment,September15,2015.BasedataprovidedbyYorkRegion&theTownofAurora.0255075100MetresAPPLICANT:1525366ONTARIOINC.FILE:SP-2015-05FIGURE2SUBJECTLANDSStJohn'sSdrdWellingtonStEVandorfSdrdHendersonDriveWellingtonStWUV404UV404LeslieStYongeStBathurstStBayviewAveBloomingtonRd^ScheduleAOPAEnvironmentalProtectionExistingMajorInstitutionalExistingEmployment-GeneralIndustrialExistingEmployment-LightIndustrial/ServiceTheAuroraPromenadePublicParklandGeneral Committee Meeting Agenda Tuesday,October 6,2015 Item 3 Page -8 -30 - ScanlonCourtIn d u s t r i a l P a r kway North Ind u s t r i a l P a r k w a y N o r t hO-9EPC4-5C3-17IRUEPR2C2-12M1-7M1-9I-23M1-16RUM2M1-AM2ZONINGBY-LAWMAPMapcreatedbytheTownofAuroraPlanning&DevelopmentServicesDepartment,September15,2015.BasedataprovidedbyYorkRegion&theTownofAurora.0306090120MetresAPPLICANT:1525366OntarioInc.FILE:SP-2015-05FIGURE3SUBJECTLANDSDetachedDwellingSecondDensityR2COMMERCIALZONESZoningLegendRESIDENTIALZONESRuralRURURALZONESMajorOpenSpaceOPENSPACESZONESEnvironmentalProtectionOEPInstitutionalINSTITUTIONALZONESIServiceShoppingCentreC4C3GeneralM2ServiceM3INDUSTRIALZONESRestrictedM1General Committee Meeting Agenda Tuesday,October 6,2015 Item 3 Page -9 -31 - PROPOSEDSITEPLANAPPLICANT:1525366ONTARIOINC.FILE:SP-2015-05FIGURE4MapcreatedbytheTownofAuroraPlanning&DevelopmentServicesDepartment,September23,2015.DrawingprovidedbyMaloneGivenParsonsLTD.General Committee Meeting Agenda Tuesday,October 6,2015 Item 3 Page -10 -32 - PROPOSEDELEVATIONSAPPLICANT:1525366ONTARIOINC.FILE:SP-2015-05FIGURE5MapcreatedbytheTownofAuroraPlanning&DevelopmentServicesDepartment,September15,2015.DrawingprovidedbyMaloneGivenParsonsLTD.General Committee Meeting Agenda Tuesday,October 6,2015 Item 3 Page -11 -33 - GENERAL COMMITTEE REPORT No.LLS15-058 SUBJECT:Municipal Legislation Review –Town Submission FROM:Warren Mar,Director of Legal &Legislative Services/Town Solicitor DATE:October 6,2015 RECOMMENDATIONS THAT Report No.LLS15-058 be received;and THAT the submission letter attached to Report No.LLS15-058 is hereby endorsed as the Town’s formal submission regarding the Province of Ontario’s Municipal Legislation Review;and THAT the submission letter attached to Report No.LLS15-058 be sent to the Ministry of Municipal Affairs and Housing (Municipal Legislation Review group) and directly to Minister Ted McMeekin. PURPOSE OF THE REPORT The purpose of this report is to obtain Council’s endorsement for the letter to be sent to the Ministry of Municipal Affairs and Housing (the “Ministry”)regarding the Ministry’s review of the Municipal Act,2001 (the “MA”)and the Municipal Conflict of Interest Act (the “MCIA”). BACKGROUND Further to Report No.LLS15-052,on September 15,2015 Council adopted the following resolution: “THAT Report No.LLS15-052 be received;and THAT Council members provide any feedback or comments on the draft submission letter directly to the Town Solicitor by no later than September 25,2015;and THAT the Town Solicitor prepare a final version of the submission letter, taking into account any feedback or comments from Council members, and present the final version of the submission letter at the October 6, 2015 General Committee meeting for Council’s endorsement.” TOWN OF AURORA General Committee Meeting Agenda Tuesday,October 6,2015 Item 4 Page -1 -34 - October 6,2015 -2 -Report No.LLS15-058 As such,staff have prepared the final version of the submission letter for Council’s endorsement and submission to the Ministry. COMMENTS No changes have been made to the draft submission letter as previously presented to Council in Report No.LLS15-052.As such,the submission letter attached is the final version to be endorsed by Council,to be submitted to the Ministry in time to meet the October 31,2015 deadline for submissions. In accordance with the Ministry’s request in the Public Consultation Guide (the “Guide”) for the municipal legislation review,the Ministry would like confirmation regarding whether comments from a municipality have been specifically endorsed by a Council resolution.As such,if adopted by Council,a copy of the endorsement resolution as noted in the recommendations of this report will also be sent to the Minister and the Ministry group conducting the review. While the attached letter will be the Town’s formal submission to the Ministry on this matter,the general public and individual Council members may still make their own submissions to the Ministry by the October 31,2015 submission deadline. As previously noted,the formal submission letter also requests that the Town be given an opportunity to make a presentation or submission to a committee of the Ontario Legislative Assembly when any proposed amendments to the MA and MCIA are being considered.This would give the Town the additional opportunity to provide input on any changes to the legislation once the proposed changes (if any)are publicized by the Ministry. LINK TO STRATEGIC PLAN None. FINANCIAL IMPLICATIONS None. ALTERNATIVE TO THE RECOMMENDATIONS 1.THAT staff be directed not to provide the Ministry with any formal comments on behalf of the Town regarding the municipal legislation review. General Committee Meeting Agenda Tuesday,October 6,2015 Item 4 Page -2 -35 - General Committee Meeting Agenda Tuesday,October 6,2015 Item 4 Page -3 -36 - October 13,2015 DELIVERED BY REGULAR MAIL &EMAIL TO: minister.mah@ontario.ca municipalreview@ontario.ca The Honourable Ted McMeekin,Minister of Municipal Affairs and Housing Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street,17th Floor Toronto,Ontario M5G 2E5 -and - Municipal Legislation Review Ministry of Municipal Affairs and Housing Local Government Policy Branch 777 Bay Street,13th Floor Toronto,Ontario M5G 2E5 Dear Minister McMeekin: Re:Municipal Legislation Review –Submission by the Town of Aurora regarding the Municipal Act,2001 and the Municipal Conflict of Interest Act On behalf of Mayor Geoffrey Dawe and the Council of The Corporation of the Town of Aurora (the “Town”),thank you for your letter received on June 5,2015 inviting the Town to make a submission and provide comments regarding the municipal legislation review being undertaken by the Ministry of Municipal Affairs and Housing (the “Ministry”). What follows in this letter is the Town’s official submission to the Ministry regarding the legislative review of the Municipal Act,2001 (the “MA”)and the Municipal Conflict of Interest Act (the “MCIA”).This submission is endorsed by Town Council,and a copy of the relevant Council resolution is attached for your information. We trust that these comments will be of assistance in your review of these key pieces of municipal legislation.We also request that the Town continue to be sent all future notices and communications from the Ministry arising out of the municipal legislation Legal &Legislative Services Warren Mar 905-726-4758 wmar@aurora.ca Town of Aurora 100 John West Way,Box 1000 Aurora,ON L4G 6J1 Attachment #1 General Committee Meeting Agenda Tuesday,October 6,2015 Item 4 Page -4 -37 - Page 2 of 16 review.Should there be an opportunity to make a formal presentation or submission to a Standing Committee or Select Committee of the Ontario Legislative Assembly regarding this matter,the Town also requests to be notified of such opportunity so that it may participate if it so wishes. COMMENTS ON THE MUNICIPAL ACT,2001 Introduction With 86%of Ontarians living in urban areas,according to the most recent figures from Statistics Canada in 2011,municipal government plays an important role in the daily lives of those who reside in Ontario’s 444 municipalities.Arguably more than any other level of government,municipalities have a direct and regular impact on the services that Ontarians receive,including community housing,waste collection,public transit,clean water,police,fire,ambulance,parks,and snow clearing –just to name a few.In addition to these services,infrastructure inspection and maintenance are significant capital expenditures that municipalities –both growing and established –must invest in despite the constraints on the financial tools that municipalities may utilize. Municipalities in Ontario are also the most accountable and transparent level of government in Canada,subject to specific laws regarding conflict of interest,closed session meetings,and financial reporting.No other level of government in Canada allows citizens to so directly influence and witness the creation of yearly budgets.There are no budget lock-ups or closed cabinet meetings to advance policies as in federal and provincial governments –nearly every action a municipal council undertakes occurs in the full light of public scrutiny. Overall,the MA is an improvement over previous versions of legislation governing municipalities in Ontario.No longer treated as a subjugated arm of a provincial ministry with an enumerated and highly technical list of rules and constraints under which it may operate,under the MA municipalities in Ontario have been allowed to find new and innovative ways to efficiently and effectively provide services and govern their citizens within their spheres of jurisdiction. The Town submits that further revisions to the MA should increase the authority that municipalities have and recognize that municipalities in Ontario are mature,accountable and democratic institutions that require increased flexibility and options for meeting ongoing fiscal and service delivery challenges. The Town is concerned that recent developments,such as Bill 8,are an attempt to roll back the authority and autonomy that municipalities have successfully enjoyed under the MA and other municipal legislation.It is the Town’s position that increased provincial oversight,whether by the Ontario Ombudsman or by another provincial agency,is unnecessary.While creatures of the province,municipalities are responsive democratic institutions by which their citizenry are able to hold their governing councils and staff accountable.Municipalities should not be treated as simple provincial service- General Committee Meeting Agenda Tuesday,October 6,2015 Item 4 Page -5 -38 - Page 3 of 16 delivery agencies,with complaints about policy formulation and service implementation sent to an oversight provincial caretaker.In fact,even where the Supreme Court of Canada has reaffirmed “that municipal governments are creatures of [provincial] legislation,”1 it has also recognized that municipalities are special entities,and are “democratic institutions through which the people of a community embark upon and structure life together.”2 Municipalities are capable of being held accountable by their electorate and are entitled to take into consideration “broader social,economic and political issues”3 when passing by-laws and,consequently,serving its residents.Once the rules,responsibilities,and authority are passed to municipalities,it is the Town’s position that municipalities should be trusted,as democratic institutions,to best govern themselves within their broad scope of granted powers. What follows in the Town’s submission about the MA and MCIA are comments and suggested amendments that address the three main themes described in the Ministry’s “Municipal Legislation Review –Public Consultation Discussion Guide”: 1.Accountability and Transparency (“A&T”); 2.Municipal Financial Sustainability (“MFS”);and 3.Responsive and Flexible Municipal Government (“R&FMG”). Each comment and suggested amendment by the Town will identify which of the three main themes are being addressed by noting the abbreviation after the suggestion. Part I of the MA –General 1.The definition of “highway”in s.1 should be amended to include the boulevard,sidewalk,and entire right of way.(Technical Amendment) Amending the definition of highway in this manner clarifies the jurisdiction that a municipality has over the entire road allowance.This amendment would also be consistent with s.26,which refers to highways being,among other things,“road allowances,highways,streets and lanes shown on a registered plan of subdivision.” 2.The requirement in s.5(3)that a municipal power must be exercised by by- law should be amended to allow a municipal power to be exercised by resolution unless a by-law is specifically required by the MA or another statute.(R&FMG) Municipalities conduct most of their business by voting on resolutions,which have similar requirements as by-laws.The distinction between the two methods of exercising municipal power is minimal,especially with the municipal practice of passing confirmatory by-laws at the end of every council meeting to formalize the 1 Pacific National Investments Ltd.v.Victoria (City),[2000]2 S.C.R.919,at para.33.2 Ibid. 3 Catalyst Paper Corp.v.North Cowichan (District),[2012]1 S.C.R.5,at para.32. General Committee Meeting Agenda Tuesday,October 6,2015 Item 4 Page -6 -39 - Page 4 of 16 adopted resolutions and meet the requirements of s.5(3).This extra layer of procedure is unnecessary and practice has evolved to make the distinction somewhat irrelevant. Part II of the MA –General Municipal Powers 3.The spheres of jurisdiction between upper-tier and lower-tier municipalities should be amended to state that emergency services (police,fire,and ambulance)are exclusively wholly assigned to all upper-tier municipalities in the Greater Toronto Area.(MFS and R&FMG) Within the Region of York,police and ambulance services are regional services, while fire service is a local service.This split of emergency services,even though all are served by 911,should be changed.The existence of local fire services within a regional municipality usually requires coordination agreements or understandings to be put in place –for logistical,responsibility,and financial compensation reasons –to ensure joint fire response in the event of a large fire or where lower-tier municipal border fire coverage is an issue.Coordination at the regional level would be more sensible for a large region serving over a million people as in the Region of York.It would also end service gaps where volunteer firefighters are called upon to serve lower-tier municipalities (such as King Township),and instead ensure that dedicated fire fighters are always available with a consistent level of service across the Region of York. In addition,the cost of providing effective fire service is rapidly becoming a large tax burden for lower-tier municipalities,taking up a greater proportion of the annual operating budget.Even with innovative solutions,such as Aurora and Newmarket partnering to create a joint fire service known as Central York Fire Services,the cost of building new fire stations,employing additional fire crews, and maintaining existing infrastructure leaves little funds remaining for other core municipal services without resorting to large property tax increases.With continued growth and intensification mandated by the province,the costs of providing this life saving and emergency service should be borne at the regional level –not the lower-tier level –in order to ensure long-term sustainability of this service. The Town recognizes that nothing in the MA currently prohibits all lower-tier municipalities from agreeing to transfer fire service responsibility to the respective upper-tier municipality.Unfortunately,jurisdictional,parochial,and employment issues often arise that hamper the ability for lower-tier municipalities of different densities and population sizes to agree on how such a transition should take place.Given the importance of this issue,the Town is recommending that the province regionalize fire services within the Greater Toronto Area.The Town is aware that outside of the GTA,moving fire services to an upper-tier municipality may not be feasible,especially where large rural and low density areas have fire services solely provided by volunteer firefighters.As such,the Town is limiting this request to those municipalities within the GTA. General Committee Meeting Agenda Tuesday,October 6,2015 Item 4 Page -7 -40 - Page 5 of 16 4.The “conflict of laws”sections regarding the application of lower-tier and upper-tier by-laws,and by-laws and federal/provincial statutes,should be amended to clarify the meaning of “frustrates the purpose”.(R&FMG) Municipalities have a broad range of powers within each of their jurisdictions,and have often developed unique or innovative ways to address issues within the municipality.While the exercise of such power and authority may sometimes conflict with another level of government’s by-laws or statutes,the jurisdiction of the municipality to exercise its authority should be clear.The current wording in ss.13,13.1,and 14 should be improved,and take into account the way in which case law has evolved in the interpretation of the conflict of laws. Part III of the MA –Specific Municipal Powers 5.In order to improve the clarity of s.29,a definition of “boundary highway” should be added.Additionally,the procedure should be simplified for minor amendments to municipal boundaries when a boundary highway is moved or rebuilt.(R&FMG) There is a difference between a boundary line that lies upon a highway,and a highway that actually functions as a municipal boundary.For example,according to the Region of York,Steeles Avenue is the boundary line between the Region of York and the City of Toronto.However,unlike most boundary highways,the municipal boundary line does not lie in the centre of the road allowance –the northern limit of the Steeles Avenue road allowance is the actual legal boundary between the Region of York and the City of Toronto,and therefore Steeles Avenue is entirely within the jurisdiction of Toronto.This reality is confusing with the language of s.29,and the Town believes that a definition of “boundary highway”would be helpful in clarifying certain legal boundary issues such as the one described. The Town also would like to see amendments to the MA that would allow municipal boundaries to be easily redrawn for technical reasons,such as when a boundary highway that is under regional jurisdiction is realigned or rebuilt. Currently,in s.29(3),only when physical difficulties or obstructions occur that prevent a highway from following a municipal boundary is the highway regardless deemed to be the boundary line.However,such as in the case of Bloomington Road between Aurora and Richmond Hill,sometimes boundary highways are realigned in such a way that the presumed boundary highway no longer follows the boundary line.So,between Bayview Avenue and Yonge Street,the actual boundary highway between Aurora and Richmond Hill is the local Old Bloomington Road,and not the newer regional Bloomington Road several metres to the south.This creates a legal oddity that can only be fixed by the province, despite the recognition by the affected municipalities that the legal boundary should follow the new reality on the ground.The process for fixing this minor issue should be at the municipal –not provincial –level. General Committee Meeting Agenda Tuesday,October 6,2015 Item 4 Page -8 -41 - Page 6 of 16 6.While highways have minimum maintenance standards that limit municipal liability,municipalities are responsible for other infrastructure that people use everyday,including parks and recreation facilities.However,the current joint and several liability rules often mean that municipalities are left to pay out large claims even if found 1%liable –this should change. (MFS) Joint and several liability reforms are desperately needed for municipalities,who face rising legal and insurance costs.To this end,the Town agrees with the position of the Association of Municipalities of Ontario in its advocacy on this matter: “Under the current joint and several liability system in Ontario,a defendant whom is found to be only 1%liable for damages caused to the injured party can be burdened with responsibility for paying the entire damage award if the co-defendants lack the ability to pay. This situation has a profound impact on municipalities in particular. As “deep pocket”defendants with seemingly limitless public resources at their disposal through the power of taxation, municipalities have often become the targets of litigation when other defendants do not have the means to pay high damage awards. According to current legislation;the Negligence Act,joint and several liability dictates that damages may be recovered from any of the defendants regardless of their individual share of the liability. For municipalities,as public organizations with “deep pockets”,this often means even a finding of slight or minimal liability can result in responsibility for millions of dollars in damage awards,especially in cases where other liable parties do not have sufficient assets. The effects of joint and several liability on municipalities are manifest in several areas including claims related to motor vehicle accidents,road safety,building inspections,and facility and event safety.It is a contributing factor in the slow pace Brownfield site redevelopment.The loss of economic activity this could create, particularly with sites located in prime urban areas that are ripe for new development.It has also resulted in increased insurance premiums and in many communities,has caused municipal governments to scale back the scope of the services provided to citizens in an effort to limit liability exposure and the duty of care.”4 4 “The Case for Joint and Several Liability Reform in Ontario”,AMO,April 1,2010,page 4. General Committee Meeting Agenda Tuesday,October 6,2015 Item 4 Page -9 -42 - Page 7 of 16 7.The ability to apply administrative penalties should be clarified and expanded beyond failing to comply with parking,standing,or stopping of vehicles by-laws in s.102.1.(MFS) By-law enforcement of all kinds,not just traffic by-laws,incurs administrative expense beyond the imposition and collection of fines permitted under the MA for by-law infractions.The application of additional administrative penalties helps to recognize that municipalities often require internal staff beyond by-law enforcement officers to assist with the prosecution of by-law infractions (e.g., illegal tree cutting may require parks staff to assist,or zoning by-law infractions may require planning or building staff assistance).Greater flexibility in applying administrative penalties will help municipalities to cover these internal costs and use of staff resources. 8.Anti-bonusing provisions should be revised to give greater flexibility to municipalities in assisting certain industrial or commercial enterprises that are key economic components within a municipality.(A&T,MFS,and R&FMG) The current anti-bonusing provisions are too restrictive,and limit a municipality’s ability to respond to changing economic conditions to ensure that key local employers remain within a municipality or are attracted to a municipality that is seeking to expand its employment base.This limits the financial sustainability of municipalities.It also promotes “hidden assistance”by municipalities who attempt to attract industrial or commercial enterprises,which undermines accountability and transparency in a municipality’s business affairs with third parties. Part V of the MA –Municipal Reorganization 9.Where there is a transfer of powers between tiers,ss.190 and 192 should be amended to provide that when a transfer of powers by-law comes into force,the transferee municipality is assigned and assumes all liabilities and obligations of the transferor municipality under any agreement for which the transferred power is exercised.(R&FMG) This change in the legislation will close a gap in the transfer of powers between tiers of municipal government,and will reflect a similar provision in s.53(a)where municipal jurisdiction over a roadway is transferred.This would avoid having to renegotiate and execute agreements with third parties who may be providing the transferred service on behalf of the transferor municipality. 10.The power to establish municipal corporations in s.203 should be broadened to allow municipalities a wider variety of areas in which a municipal corporation could be established to operate on behalf of a municipality.(R&FMG) General Committee Meeting Agenda Tuesday,October 6,2015 Item 4 Page -10 -43 - Page 8 of 16 The current regulation (O.Reg.599/06,as amended)places restrictions on how municipal corporations operate,the manner in which they are formed,and what areas of authority they may provide a service.The Town would like to see the procedure for establishing a municipal corporation made simpler.The areas in which the municipal corporation may operate should also be broader to allow municipalities greater service model options to deliver services in areas such as fire prevention and long term care homes.The Town understands the rationale in keeping municipal service corporations wholly publicly-owned;however,a great tool in providing responsive and flexible service delivery is currently hampered with rules and restrictions that take away from the creation and operation of such corporations.Clarification regarding operating and closed session meeting rules would also assist in the use of municipal service corporations. Part V.1 of the MA –Accountability and Transparency 11.The code of conduct and integrity commissioner powers should be clarified and updated to be more effective.(A&T) The integrity commissioner powers should be clarified to allow a commissioner to provide advance rulings where a member of council is unsure if certain actions may fall afoul of a code of conduct.This would protect the actions of members of council and avoid complaints from being filed or investigated after the fact, wasting valuable time and resources.If the goal of an integrity commissioner is to ensure compliance with the code of conduct and promote accountability and transparency,then advance rulings should be encouraged. Part VI of the MA –Practices and Procedures 12.The chief administrative officer should be a mandatory statutory position to reflect the need for day-to-day administration and leadership of municipalities,and to ensure efficient and effective operations.(A&T and R&FMG) A municipality requires a clerk and a treasurer under the MA,but the same statutory status is not given to the chief administrative officer under s.229. Given the importance and need for centralized leadership and accountability for staff,as well as ensuring that the daily operations of the municipality are smoothly undertaken,s.229 should be amended to make the chief administrative officer position mandatory –as opposed to permissive –for municipalities. 13.Electronic participation for accessibility advisory committee meetings should be permitted.(R&FMG) The MA does not address the issue of attendance at meetings from a remote location through electronic means.Currently,s.189(4)of the City of Toronto Act, 2006 permits a member of Council to attend a council meeting electronically,but General Committee Meeting Agenda Tuesday,October 6,2015 Item 4 Page -11 -44 - Page 9 of 16 not count towards quorum.Also,the Northern Services Boards Act provides that meetings can be held through teleconference,video-conference or other means of distance communication (a possible necessity given the large distances between communities in northern Ontario).No such provisions exist in the MA. Initially,a provision allowing for attendance and voting from remote locations was meant to be inserted into the MA.However,when the amendments to the MA were brought to the legislature for review,the matter of electronic voting and participation came under scrutiny.Generally,there appeared to be a sentiment among some Members of Provincial Parliament that it would not be appropriate to allow councils to have the option of voting on a manner without physically being present at the meeting at which the matter is being considered. Eventually,the provision was deleted entirely.5 While the Town understands the accountability concerns of the province, municipalities that are required to have accessibility advisory committees (those municipalities with populations greater than 10,000 people)should also be permitted the flexibility to support and accommodate the attendance of committee members at meetings.This is especially the case given that a majority of committee members must be persons with disabilities.With the ubiquity and effectiveness of electronic communication for political engagement, and the maturity of audio/video conferencing technology,the MA should not be a barrier to meeting the needs of persons with disabilities when the technology and desire to accommodate clearly exists. 14.The closed session meeting provision for considering matters involving “the security of the property of the municipality or local board”should be clarified,as the scope of this provision has been narrowed in decisions of the Information and Privacy Commission which restrictively interpret the wording to mean the actual security of physical assets and public safety. (A&T and R&FMG) The “security of the property”exception to open meetings requires clarification to ensure that municipalities who utilize this exception do not fall afoul of the MA. What is meant by “security”and “property”is unclear,especially as the IPC has taken various restrictive approaches to this subsection when determining whether a record can be exempted from disclosure if it reveals the substance of a closed meeting of council (e.g.,IPC Orders MO-2468-F and MO-2683-I involving the City of Toronto). 5 Ontario,Legislative Assembly,Official Report of Debates (Hansard),No.L097 (26 September 2006) (Michael Prue);Ontario,Legislative Assembly,Official Report of Debates (Hansard),No.L106 (12 October 2006)(Andrea Horwath,Peter Kormos);Ontario,Standing Committee on General Government, Official Report of Debates (Hansard),No.G043 (11 December 2016)(Michael Prue,Ernie Hardeman); Ontario,Legislative Assembly,Official Report of Debates (Hansard),No.L138B (18 December 2006) (Michael Prue). General Committee Meeting Agenda Tuesday,October 6,2015 Item 4 Page -12 -45 - Page 10 of 16 15.If audio or video recording of closed session meetings is to be permitted or required in order to assist closed session meeting investigations,then specific restrictions should be placed on the use and disclosure of such recordings in order to protect municipalities.(A&T) Should the MA include provisions to permit or require audio or video recording of closed session meetings for the purposes of ensuring compliance with the MA, then protections for disclosure of such a record should also be included.These protections should be similar to the Open Meetings Act provisions from the State of Illinois,where in s.2.06(e)it states:“the verbatim record of a meeting closed to the public shall not be open for public inspection or subject to discovery in any administrative or judicial proceeding other than one brought to enforce this Act”. 16.The requirement for a municipal auditor to approve municipal record retention periods should be removed.Municipalities should not require the rubber-stamping and cost of a municipal auditor to approve a records retention by-law .(R&FMG) Retention periods established by by-law under ss.254 and 255 which apply to municipal records are now common across municipalities,and have well established rules,timeframes,and statutory requirements.The need for a municipal auditor to review such retention periods under s.255(3)is unnecessary and does not serve any constructive purpose in ensuring that the retention periods are properly followed. 17.Vacancies on municipal councils should not be required to be filled within at least 6 months before voting day of a regular municipal election,instead of the current 90 days in s.263(5)para.3.(R&FMG and MFS) A vacancy in the office of a member of council occurring in a regular election year can be a cumbersome and costly process to fill,especially if a by-election is called for by council.Even in a situation where there is an appointee to fill the vacancy,there is usually little time for a new council member to become engaged in the affairs of the municipality,especially when most councils do not meet as often in the months prior to a regular election.The current 90 day window prior to voting day where a vacancy does not have to be filled should be expanded to at least 6 months,to avoid the logistical issues and increased costs in an already busy and costly election year.This would be consistent with the current provision in s.27(1)of the Legislative Assembly Act,which requires a writ to be issued within 6 months after a warrant is filed to fill a vacancy in the Ontario Legislative Assembly (although it is noted that s.27(2)of the same Act states that there is no time period to fill a vacancy if the vacancy occurs in the last year of the legal life of the Assembly). While a vacancy on council for 6 months in an election year should not negatively impact municipal business or governance,the Town understands if the province General Committee Meeting Agenda Tuesday,October 6,2015 Item 4 Page -13 -46 - Page 11 of 16 wishes to restrict such changes to a single vacancy situation,to avoid the occurrence of multiple vacancies at one time. 18.Where only the head of a lower-tier council serves as the municipality’s representative on the upper-tier council,s.226 should be amended and s. 267 should be clarified so that the lower-tier council may appoint an alternate council member to attend meetings of the upper-tier council where the head of council is unavailable.(R&FMG) In Aurora,the Mayor is the only local representative on regional council.In situations where the Mayor is unavailable to attend meetings on regional council or its committees,the MA should clarify that a local municipality is permitted to appoint an alternate representative other than the head of council to attend such regional council meetings to ensure that the lower-tier municipality’s interests continue to be represented.Currently,ss.226 and 267 can be interpreted to conflict with one another when dealing with the head of council: “226.A municipality may,with the consent of the head of council,appoint a member of council to act in the place of the head of council on any body, other than on the council of another municipality,of which the head of council is a member by virtue of being head of council. … 267.(1)If a person who is a member of the councils of a local municipality and its upper-tier municipality is unable to act as a member of those councils for a period exceeding one month,the local council may appoint one of its members as an alternate member of the upper-tier council to act in place of the member until the member is able to resume acting as a member of those councils. (2)If the offices of a person who is a member of council of both a local municipality and its upper-tier municipality become vacant and the vacancies will not be filled for a period exceeding one month,the local council may appoint one of its members as an alternate member of the upper-tier council until the vacancies are filled permanently. (3)This section does not authorize the appointment of an alternate head of council of the upper-tier municipality.” Financial Provisions of the MA While the Town has no specific comments regarding the individual financial provisions of the MA,the Town recognizes that the MA imposes financial constraints on debt, borrowing,financing,and the raising of revenue –unlike the province and the City of Toronto.It would be preferred if municipalities had similar authority to broaden their General Committee Meeting Agenda Tuesday,October 6,2015 Item 4 Page -14 -47 - Page 12 of 16 revenue base beyond what is currently permitted in the MA to move towards better financial sustainability. If the current fiscal limitations are to be maintained by the province,the Town requests that provincial grants to municipalities be formally prescribed,increased,and maintained to allow municipalities to properly budget and plan on a yearly and long-term basis to improve municipal financial sustainability.Given the broad taxation and borrowing powers that the province enjoys compared to municipalities,it is incumbent on the province to ensure that municipalities are adequately funded to meet their ongoing infrastructure,capital asset,and service requirements. Part XI of the MA –Sale of Land for Tax Arrears 19.The words “and the treasurer shall immediately”in s.379(2)should be removed as it creates an unnecessary procedural timeline that could invalidate an otherwise properly followed procedure for the sale of land for tax arrears.(MFS and R&FMG) Upon the expiry of the one year period following the date of registration of a tax arrears certificate,the treasurer is required to complete a number of items as part of the sale of land for tax arrears,such as making a statutory declaration and advertising the land for sale in the Ontario Gazette.However,the fact that the treasurer must do so “immediately”imposes an uncertain time restriction that could be used to challenge or invalidate an otherwise properly followed tax sale process.It would be clearer if the MA specified a time period in which the statutory requirements outlined in s.379(2)must be completed. 20.The Municipal Tax Sales Rules (O.Reg.181/03,as amended)and s.380.1 should be amended to allow municipalities greater flexibility to sell properties and recover property taxes after a public sale is conducted and there is no successful purchaser.(MFS and R&FMG) Under s.379(2.1)and the Municipal Tax Sales Rules,the minimum tender amount is the minimum amount that a municipality must receive in order to sell a property as part of a tax sale.This minimum tender amount represents all property tax arrears plus reasonable costs owing against the property.Pursuant to s.380.1,if the first tax sale is unable to find a successful purchaser (i.e.,a purchaser who meets all the technical submission requirements and who is willing to pay at least the minimum tender amount),a municipality may conduct a second tax sale for a property within two years after the date of the original public sale.However,a municipality is still required to obtain the minimum tender amount for the sale of the property.As such,it becomes an “all or nothing” situation for a municipality for the recovery of taxes,even if the real estate market or property condition does not make full recovery realistic. It is preferred that a municipality be given a certain amount of freedom on the second sale attempt to obtain as much value as possible to recover the tax General Committee Meeting Agenda Tuesday,October 6,2015 Item 4 Page -15 -48 - Page 13 of 16 arrears.As such,it is suggested that the MA be amended to allow the council of a municipality to accept a value less than the statutory minimum tender amount if:(a)the assessed value of the property is equal to or less than the amount of taxes owing;or (b)the highest bid submitted is within 20%of the minimum tender amount. Part XIV of the MA –Enforcement 21.Municipalities should have greater authority to register notices of violation, notices of enforcement action,and orders under ss.444 and 445 on title to affected properties without the need to first obtain a court order permitting such notices to be registered.(R&FMG) Generally,a municipality has very limited circumstances in which it can register notices on title to a property without an owner’s consent.The most obvious circumstance is when a municipality obtains a court order permitting the registration of a notice or order on title.Additionally,s.15.2(4)of the Building Code Act,1992 permits a municipality to register a property standards order on title.Beyond these two circumstances,there is a lack of clear authority for a municipality to register a notice or order on title to property when seeking enforcement of municipal by-laws.The registration of such orders and notices is important as it notifies the owner and potential purchasers of by-law infractions that could affect the use and condition of the property.As the registration also becomes an encumbrance on title,it also aids in the resolution of outstanding notices and orders by an owner who is selling the property. The failure to have clear authority to register notices is an issue for municipalities due to the existence of the slander of title.The slander of title is an economic tort based on defamation,and has been developed in case law and in the Libel and Slander Act.Without the statutory authority and protection from amendments to the MA that would permit such notices to be registered,a municipality that registers such a notice on title without clear authority and without permission from the owner could face a claim by the owner for slander of title if the registration is found to cause pecuniary damage to the owner (e.g.,the registered notice causes a potential purchaser to revoke an offer to purchase). Part XV of the MA –Municipal Liability 22.The “performance of duties in good faith”immunity from liability in s.448 should be clarified and expanded to protect council members and municipal employees for their actions during a declaration of emergency. (MFS and R&FMG) This suggested minor change in s.448 would clarify and recognize that in declarations of emergency,municipalities are often called upon to make quick decisions and take action to prevent the loss of life and limit damage to property. In these situations,where decisions are also made in good faith with the General Committee Meeting Agenda Tuesday,October 6,2015 Item 4 Page -16 -49 - Page 14 of 16 information available and in changing conditions,the municipality should be protected from liability.Without this clear protection,a municipality could face large insurance claims afterwards for individual actions done to protect the greater good of the municipality. Part XVI of the MA –Regulations and Forms 23.Regulations and limits on the exercise of municipal powers in the face of a provincial interest pursuant to s.451.1 should only occur after consultation with the affected municipalities and should only minimally impair the exercise of municipal powers as may be needed to meet the provincial interest.(R&FMG) Despite being time limited to 18 months,s.451.1 provides that the Lieutenant Governor in Council has the ability to make regulations imposing limits and conditions on the broad powers granted to municipalities in ss.9,10,and 11 and Part IV of the MA.This power should be used sparingly,and only after consultation with the affected municipalities.The concern of the Town is that the legislature has granted municipalities broad power and authority,and yet left a loophole for the executive branch of government to restrict such power.In this respect,the Town agrees with the court in Brantford (City)Public Utilities Commission v.Brantford (City):“where the Legislative Assembly has expressly granted a power by a statute it should not lightly be assumed that it intended that this power could be suspended by the executive through regulation.”6 COMMENTS ON THE MUNICIPAL CONFLICT OF INTEREST ACT The MCIA is an important piece of provincial legislation governing conflicts of interest for municipal council members.However,as currently constituted and with the evolution of case law in this area,the MCIA is no longer an effective piece of legislation. The evolution of the case law in the application of the MCIA has generally moved towards a strict and narrow interpretation of its provisions,due to the punitive nature of its penalties.Over the decades,various cases seeking to apply and interpret the MCIA have led to a patchwork of rulings that have sought to fill in the gaps of a troubled piece of legislation,such as the Town’s own application for statutory interpretation in 2013.7 Over time,legislation that was presumably meant to ensure that council members were not obtaining pecuniary advantage for their decisions has turned into a political tool to silence or remove council members by taking them to court over alleged conflicts. Often,these conflicts are found to fall into the exceptions contained in s.4,but by then the damage is done and the council member is forced to remove him or herself from the 6 Brantford (City)Public Utilities Commission v.Brantford (City)(1998),36 O.R.(3d)419 (Ont.C.A.). 7 Aurora (Town)v.Ontario,2013 ONSC 6020 (Ont.S.C.J.). General Committee Meeting Agenda Tuesday,October 6,2015 Item 4 Page -17 -50 - Page 15 of 16 ongoing debate for fear of further self-incrimination.This type of occurrence undermines the effectiveness of the MCIA. Part of the problem therein is that the MCIA is reactive in nature,with actions only brought after a contravention of s.5 is alleged to have occurred.Other than a Rule 14.05(3)application to the Superior Court of Justice under the Rules of Civil Procedure for the interpretation of a statute,there is no simple,quick,and cost-effective method to obtain an advance ruling on a possible conflict of interest.As such,in order to enhance compliance with the MCIA,a method or office should be created to provide councillors with an advance ruling to avoid costly and time-consuming court actions after-the-fact under the MCIA. In addition,the Town believes that the penalties in the MCIA are too severe and absolute regardless of the extent of the contravention (e.g.,declaring the seat vacant and possible disqualification for up to seven years from holding office).A range of penalties should be available to a judge where a contravention of the MCIA is found,to allow for lesser penalties,such as a suspension of a member’s right to sit on council for a number of meetings or for a period of several months.Currently,s.10(3)does not permit suspension as a form of punishment.Judges often appear unwilling to penalize municipal council members under the tough penalties in s.10(1),so the interpretations of exceptions have expanded their scope. However,there must be a balance to ensure that accountability of municipal decision- makers is maintained.If the range of penalties becomes broader,so too should what is considered a conflict.Non-pecuniary considerations or private interests may also affect a councillor’s deliberations and position on a matter,creating a conflict between obtaining a personal advantage and advancing a councillor’s perception of the public interest.Accordingly,private personal interests,not just pecuniary interests,should be covered in amendments to the MCIA.Such private interests should be clearly defined and be material to the decision-making process of a councillor,such that it could reasonably impact a councillor’s deliberations on a particular matter.In addition, members of committees,agencies,boards,and commissions controlled or established by a municipality,even where such members are not councillors,should be covered by the MCIA. As will no doubt be familiar at this point,the framework of the above principles and proposed changes are in keeping with Justice Cunningham’s recommended amendments to the MCIA in his report on the Mississauga Judicial Inquiry of 2011.8 It is the Town’s position that Justice Cunningham’s recommendations should be considered in any revisions to the MCIA. 8 Report of the Mississauga Judicial Inquiry –Updating the Ethical Infrastructure,The Honourable J. Douglas Cunningham,p.166 to 173. General Committee Meeting Agenda Tuesday,October 6,2015 Item 4 Page -18 -51 - Page 16 of 16 CONCLUSION Once again,on behalf of Mayor Geoffrey Dawe and the Council of the Town,thank you for the opportunity to make submissions regarding the review of the MA and the MCIA. We hope that you find the above comments and recommendations helpful in your review,and we look forward to their consideration in amendments to these key pieces of municipal legislation.As best as possible,the Town has addressed the discussion points raised in the Guide.The Town reiterates that,should there be an opportunity to make a formal presentation or submission to a Standing Committee or Select Committee of the Ontario Legislative Assembly regarding this matter,the Town requests to be notified of such opportunity so that it may make a submission. It is the Town’s belief that any changes to the MA and MCIA should strengthen the authority and responsibility that municipalities have,thereby improving accountability to municipal residents,addressing municipal financial needs,and allowing municipalities to be effectively responsive to resident concerns. Yours sincerely, Warren Mar Director of Legal &Legislative Services/Town Solicitor Att. General Committee Meeting Agenda Tuesday,October 6,2015 Item 4 Page -19 -52 - MEMORANDUM DATE:October 6,2015 TO:Mayor Dawe and Members of Council FROM:Marco Ramunno,Director of Planning and Development Services RE:Municipal Council Support Resolution (Blanket)–Notice To Proceed RECOMMENDATIONS THAT the memorandum regarding Municipal Council Support Resolution (Blanket)- Notice To Proceed be received;and THAT the Mayor and Clerk be authorized to execute the form attached to this memorandum. BACKGROUND On November 7,2013,Council approved the following resolution in support of local applications submitted under the Ontario Power Authority’s Feed-in-Tariff program: THAT the memorandum regarding Municipal Council Blanket Support Resolution- Rooftop Solar PV Projects be received;and THAT the Environmental Advisory Committee recommend to Council to adopt the following resolution: WHEREAS the Province's FIT Program encourages the construction and operation of rooftop solar PV projects (the "Projects"); WHEREAS one or more Projects may be constructed and operated in the Town of Aurora;and WHEREAS,pursuant to the FIT Rules,Version 3.0,Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts. 100 John West Way Box 1000 Aurora,Ontario L4G 6J1 Phone:905-727-3123 ext.4755 Email:mramunno@aurora.ca www.aurora.ca Town of Aurora Planning Development Services General Committee Meeting Agenda Tuesday,October 6,2015 Item 5 Page -1 -53 - October 6,2015 -2-Municipal Council Support NTP NOW THEREFORE BE IT RESOLVED THAT Council of the Town of Aurora supports without reservation the construction and operation of the Projects anywhere in the Town of Aurora. BE IT FURTHER RESOLVED THAT this resolution shall expire twelve (12)months after its adoption by Council. THAT the Mayor and Clerk be authorized to execute the form attached to this memorandum. The Independant Electricity System Operator has incorporated a new requirement into the FIT 3.1 Contract for projects that were successful in receiving FIT Contracts in the last application round and have previously received resolutions from the Municipality. Proponents that were successful are required to request that the Municipality re-issue a new Resolution in order to confirm their support for the projects.This allows the proponent to proceed through the development stages of the Contract.The format of this form (attached) is similar to the one Council has seen for the application window. Staff believe that executing this form will showcase the Town’s commitment to green energy and the development of a green economy within Aurora;while also highlighting the Town’s continued environmental leadership. ATTACHMENT 1.Prescribed Form/Template:Municipal Council Support Resolution (Blanket)–Notice To Proceed General Committee Meeting Agenda Tuesday,October 6,2015 Item 5 Page -2 -54 - Attachment 1 General Committee Meeting Agenda Tuesday,October 6,2015 Item 5 Page -3 -55 - General Committee Meeting Agenda Tuesday,October 6,2015 Item 5 Page -4 -56 - TOWN OF AURORA ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MEETING MINUTES Date:Thursday,September 10,2015 Time and Location:7 p.m.,Leksand Room,Aurora Town Hall Committee Members:Councillor John Abel (Vice Chair),Don Constable,Rosalyn Gonsalves,Marilee Harris,Paul Smith,and Bruce Walkinshaw Member(s)Absent:Councillor Paul Pirri (Chair) Other Attendees:Councillor Tom Mrakas,Anthony Ierullo,Manager of Long Range and Strategic Planning,and Linda Bottos,Council/ Committee Secretary The Chair called the meeting to order at 7:01 p.m. 1.DECLARATION OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 2.APPROVAL OF THE AGENDA Moved by Rosalyn Gonsalves Seconded by Paul Smith THAT the agenda as circulated by Legal and Legislative Services be approved. CARRIED 3.RECEIPT OF THE MINUTES Economic Development Advisory Committee Meeting Minutes of June 11,2015 General Committee Meeting Agenda Tuesday,October 6,2015 Item 6 Page -1 -57 - Economic Development Advisory Committee Meeting Minutes Thursday,September 10,2015 Page 2 of 6 Moved by Bruce Walkinshaw Seconded by Paul Smith THAT the Economic Development Advisory Committee meeting minutes of June 11, 2015,be received for information. CARRIED 4.DELEGATIONS None 5.MATTERS FOR CONSIDERATION 1.Memorandum from Manager of Long Range and Strategic Planning Re:Aurora Business Ambassadors Program Staff provided a brief overview of the memorandum and noted that the structure of the Program would be similar to the previous version.The Committee inquired about the frequency of meetings and staff indicated that contact would be ongoing and any leads would be explored.Staff advised that the Program launch would likely take place in 2016,and the Town may look to the Chamber of Commerce to help promote the Program and reach out to contacts. Moved by Marilee Harris Seconded by Rosalyn Gonsalves THAT the memorandum regarding Aurora Business Ambassadors Program be received;and THAT the content of this memorandum be endorsed by the Economic Development Advisory Committee;and THAT the Economic Development Advisory Committee recommend to Council: THAT the Aurora Business Ambassadors Program be re-established; and THAT the Aurora Chamber of Commerce be requested to participate in the promotion of the Aurora Business Ambassadors Program. CARRIED AS AMENDED General Committee Meeting Agenda Tuesday,October 6,2015 Item 6 Page -2 -58 - Economic Development Advisory Committee Meeting Minutes Thursday,September 10,2015 Page 3 of 6 6.INFORMATIONAL ITEMS 2.Extract from Council Meeting of August 25,2015 Re:Economic Development Advisory Committee Meeting Minutes of June 11,2015,and Report No.CFS14-017 –Development Charges By-law Approval Staff provided a brief overview of the background information to the Development Charges By-law review process. Moved by Don Constable Seconded by Bruce Walkinshaw THAT the Extract from Council Meeting of August 25,2015,regarding the Economic Development Advisory Committee meeting minutes of June 11, 2015,be received;and THAT Report No.CFS14-017 –Development Charges By-law Approval be received for information. CARRIED 3.Memorandum from Manager of Long Range and Strategic Planning Re:Economic Development Action Plan Update Staff provided a brief overview and noted that the specific initiatives recommended by the Committee had been incorporated into the Plan. The Committee referred to the Concierge Program and suggested that testimonials would be helpful and staff agreed to incorporate testimonials into the brochure.The Committee further suggested that every action within the Town should be aligned to the Plan and the Key Performance Indicators should be more specific and measurable.The Committee discussed elements of the Plan including the Entertainment District,the Innovation Incubator,and the Permanent Farmers’Market. Moved by Bruce Walkinshaw Seconded by Don Constable THAT the memorandum regarding Economic Development Action Plan Update be received for information. CARRIED General Committee Meeting Agenda Tuesday,October 6,2015 Item 6 Page -3 -59 - Economic Development Advisory Committee Meeting Minutes Thursday,September 10,2015 Page 4 of 6 4.Memorandum from Manager of Long Range and Strategic Planning Re:Activity Report Staff provided a brief overview of the memorandum,which highlights new business openings and upcoming events. Moved by Rosalyn Gonsalves Seconded by Paul Smith THAT the memorandum regarding Activity Report be received for information. CARRIED 5.Link to MaRS BLOG Article by Salim Teja,08 Jul 2015 Re:“Why the Pan Am Games are a chance for Ontario to show off its tech successes”(http://www.marsdd.com/news-and-insights/why-the-pan-am- games-are-a-chance-for-ontario-to-show-off-its-tech-successes/) The Committee suggested that the Town’s businesses should be actively promoted and staff should regularly publish success stories,similar to the City of Vaughan,and that this information be communicated to residents as well as businesses.Staff advised that the Town has previously published a quarterly newsletter highlighting business success stories and events,and the next issue is planned for September/October 2015. The Committee inquired about the possibility of approaching high schools to provide an opportunity for students to fulfill their volunteer hour requirements by assisting with the Town’s economic development endeavours in relation to technology and communications.Staff advised that the Town has a partnership with a high school co-op program and agreed that this alternate approach could be explored with the school’s co-op advisor. The Committee noted that the Chamber regularly issues a newsletter,which is sent not only to Chamber members,but every business in Town.Staff noted that the Town purchases space in the Chamber’s directory and has submitted articles to the Chamber’s newsletter in the past. Moved by Marilee Harris Seconded by Bruce Walkinshaw THAT the Link to MaRS BLOG Article by Salim Teja,08 Jul 2015,“Why the Pan Am Games are a chance for Ontario to show off its tech successes” (http://www.marsdd.com/news-and-insights/why-the-pan-am-games- General Committee Meeting Agenda Tuesday,October 6,2015 Item 6 Page -4 -60 - Economic Development Advisory Committee Meeting Minutes Thursday,September 10,2015 Page 5 of 6 are-a-chance-for-ontario-to-show-off-its-tech-successes/)be received for information. CARRIED 6.Extract from Council Meeting of June 9,2015 Re:Economic Development Advisory Committee Meeting Minutes of May 14,2015 Moved by Bruce Walkinshaw Seconded by Rosalyn Gonsalves THAT the Extract from Council Meeting of June 9,2015,regarding the Economic Development Advisory Committee meeting minutes of May 14, 2015,be received for information. CARRIED 7.NEW BUSINESS The Committee consented to allow Anna Lozyk Romeo,of community FOCUS LivingInAurora.com,to speak.Ms.Lozyk Romeo suggested that the Town provide more effective communication and foster a strong relationship and connections with the Chamber of Commerce toward communicating and promoting businesses in Town. The Committee inquired about the status of communications with landowners regarding the potential for a biomedical campus site in Aurora.Staff agreed to provide an update at the next Committee meeting. The Committee noted that the City of Barrie has adopted a summer program which allows downtown restaurants to put their patios on portable,wooden sidewalks, which are installed in place of street parking spaces,and suggested that this may be an appropriate opportunity for Aurora to consider. The Committee noted that the Newmarket Economic Development Advisory Committee members had only been recently announced. The Committee expressed concern regarding the meeting minutes of June 11, 2015,not reflecting the entirety of the Committee discussions,and inquired about the review process of meeting minutes.The Chair and staff reviewed the process. The Committee announced that the Aurora Chamber Tech Expo would be held at the Aurora Royal Canadian Legion on November 5,2015,from 9 a.m.to 5 p.m., followed by a Networking Reception from 5 p.m.to 7:30 p.m.He noted that the General Committee Meeting Agenda Tuesday,October 6,2015 Item 6 Page -5 -61 - Economic Development Advisory Committee Meeting Minutes Thursday,September 10,2015 Page 6 of 6 event would include educational sessions and present a great opportunity for small businesses to gain an understanding of technology,interact with IT professionals, and obtain answers to their questions and needs. The Committee advised that the Aurora Public Library would be hosting an “Entrepreneurs in Residence”workshop,Powering Innovation,on Thursday, November 12,2015,from 7 p.m.to 8:30 p.m. The Committee commented on the support of local music and public art in Charlottetown,PEI,and suggested that studying its successes would be helpful.It was noted that Charlottetown has an entertainment district,approximately 50-60 restaurants which remain open year-round,and a monthly magazine entitled The Buzz,Prince Edward Island’s Guide to What’s Going On. 8.ADJOURNMENT Moved by Paul Smith Seconded by Marilee Harris THAT the meeting be adjourned at 9 p.m. CARRIED COMMITTEE RECOMMENDATIONS ARE NOT BINDING ON THE TOWN UNLESS ADOPTED BY COUNCIL AT A LATER MEETING. General Committee Meeting Agenda Tuesday,October 6,2015 Item 6 Page -6 -62 - TOWN OF AURORA COMMUNITY RECOGNITION REVIEW AD HOC COMMITTEE MEETING MINUTES Date:Tuesday,September 15,2015 Time and Location:3 p.m.,Leksand Room,Aurora Town Hall Committee Members:Councillor Tom Mrakas (Chair),Diane Buchanan,Brian North, Jo-anne Spitzer Members Absent:Councillor Sandra Humfryes,Tim Jones,Steve Hinder Other Attendees:Stephen M.A.Huycke,Town Clerk,Michael Kemp,Manager, Corporate Communications,Lisa Warth,Manager,Recreation, Samantha Yew,Council/Committee Secretary,and Linda Bottos,Council/Committee Secretary The Town Clerk called the meeting to order at 3 p.m. APPOINTMENT OF COMMITTEE CHAIR AND VICE CHAIR The Town Clerk opened the floor to nominations for Chair and Vice Chair of the Community Recognition Review Ad Hoc Committee. On a motion of Diane Buchanan seconded by Brian North,Councillor Tom Mrakas was nominated as Chair of the Community Recognition Review Ad Hoc Committee.There being no further nominations,on a motion of Diane Buchanan seconded by Jo-anne Spitzer,the nominations were closed and Councillor Tom Mrakas was appointed as Chair of the Committee.Councillor Sandra Humfryes was appointed as Vice Chair. Councillor Mrakas assumed the Chair at 3:04 p.m. General Committee Meeting Agenda Tuesday,October 6,2015 Item 7 Page -1 -63 - Community Recognition Review Ad Hoc Committee Tuesday,September 15,2015 Page 2 of 3 1.DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 2.APPROVAL OF THE AGENDA Moved by Brian North Seconded by Diane Buchanan THAT the agenda as circulated by Legal and Legislative Services be approved. CARRIED 3.RECEIPT OF THE MINUTES None 4.DELEGATIONS None 5.MATTERS FOR CONSIDERATION None 6.INFORMATIONAL ITEMS 1.Memorandum from Manager of Corporate Communications Re:Overview of the Community Recognition Awards Staff provided a brief overview of the memorandum regarding the background and evolution of the Community Recognition Awards’format and processes. Moved by Brian North Seconded by Jo-anne Spitzer THAT the memorandum regarding Overview of the Community Recognition Awards be received for information. CARRIED General Committee Meeting Agenda Tuesday,October 6,2015 Item 7 Page -2 -64 - Community Recognition Review Ad Hoc Committee Tuesday,September 15,2015 Page 3 of 3 7.NEW BUSINESS The Committee discussed the merits of various venue options for the Awards ceremony and post-ceremony event,and expressed its preference to hold the Community Recognition Awards ceremony in the Council Chambers at Town Hall as it lends a certain level of prestige and import to the ceremony.It was agreed that the Citizen of the Year Award and Community Recognition Awards ceremony should be maintained as a standalone event and that the Mayor and Councillors continue to present the awards. Staff noted that many of the format changes,including the video vignettes at the Awards ceremony,had been received positively.The Committee acknowledged the Town’s commendable accomplishments in this regard and suggested that the format and event could be further enhanced.The Committee discussed the possibilities of making the event somewhat more formal,as well as who should be invited. The Committee discussed the nomination process and format of the Volunteer Service Awards,and the challenges in capturing and recognizing all of the volunteerism in Town.The Committee considered the potential of changing the format of certain categories,renaming some awards,and reinstating the Accessibility Award. Staff informed the Committee that the Community Recognition Awards process and planning begins in January and any proposed changes should be brought forth to Council by November 2015.The Committee agreed that frequent meetings,possibly bi-weekly,would be required to meet this deadline. The Committee suggested that it may not be necessary for a representative of the Parks and Recreation Services department to be available at each meeting and that the representative could attend on an as-needed basis. It was agreed that the next meeting of the Committee be tentatively scheduled for Tuesday,September 29,2015,at 3 p.m. 8.ADJOURNMENT Moved by Diane Buchanan Seconded by Brian North THAT the meeting be adjourned at 4 p.m. CARRIED COMMITTEE RECOMMENDATIONS ARE NOT BINDING ON THE TOWN UNLESS ADOPTED BY COUNCIL AT A LATER MEETING. General Committee Meeting Agenda Tuesday,October 6,2015 Item 7 Page -3 -65 - TOWN OF AURORA PARKS AND RECREATION ADVISORY COMMITTEE MEETING MINUTES Date:Thursday,September 17,2015 Time and Location:7 p.m.,Holland Room,Aurora Town Hall Committee Members:Councillor Michael Thompson (Chair),Councillor Tom Mrakas (Vice Chair),Juergen Daurer,Richard Doust,Stephen Kimmerer,Eric McCartney,and Brian Trussler Member(s)Absent:None Other Attendees:Allan Downey,Director of Parks and Recreation Services,Linda Bottos,Council/Committee Secretary,and Samantha Yew, Council/Committee Secretary The Chair called the meeting to order at 7 p.m. 1.DECLARATION OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 2.APPROVAL OF THE AGENDA Moved by Juergen Daurer Seconded by Councillor Mrakas THAT the agenda as circulated by Legal and Legislative Services be approved. CARRIED 3.RECEIPT OF THE MINUTES Parks and Recreation Advisory Committee Meeting Minutes of June 18,2015 Moved by Richard Doust Seconded by Eric McCartney THAT the Parks and Recreation Advisory Committee meeting minutes of June 18,2015, be received for information. CARRIED General Committee Meeting Agenda Tuesday,October 6,2015 Item 8 Page -1 -66 - Parks and Recreation Advisory Committee Meeting Minutes Thursday,September 17,2015 Page 2 of 4 4.DELEGATIONS (a)Todd Brown,President/Principal Planner,Monteith Brown Planning Consultants, and Claire Tucker-Reid,President,Tucker-Reid &Associates Re:Item 1 –Memorandum from the Director of Parks &Recreation Services;Re: Sport Plan and Parks &Recreation Master Plan Mr.Brown informed the Committee that community engagement has been a large focus of the Sport Plan process,and that the launch event,held on September 8, 2015,was very successful.He advised that there is an online survey available to capture public opinions regarding Parks and Recreation,and a stakeholder survey that has gone out to sports groups asking for information about their organizations. Mr.Brown advised that there will be a number of consultations with the community once the draft Plan is completed in November,which will then be brought to the Committee,Council,and the community for feedback.He informed the Committee that the final Sport Plan will be presented for Council approval in January 2016. Ms.Tucker-Reid presented and discussed the strengths and challenges of key focus areas,specifically Leadership and the Sport Delivery system in Aurora,Sport Participants,Sport Promotion and Communications,Sport Tourism and Infrastructure Needs. The Committee agreed that there is good sport leadership in Aurora,as there are a large number of diverse sport groups and that many sport groups receive support from the Town,and from Council.However,they noted that there is no coordinated, ‘single voice’amongst sport groups.The Committee also indicated that there is a need to sustain sport leadership within the community,and that sport leadership programs are often neglected and difficult to maintain and finance. The Committee identified partnerships and sponsorships as a challenge,as many sport groups seek sponsorships from the same organizations and businesses. They also noted the challenges to recruit,train,and retain volunteers. The Committee agreed that there could be better access to sport participation through a greater online presence,promotion,and better inclusion of groups such as people with disabilities,low income families,and seniors.The Committee noted that there are also many program gaps in organized sports,specifically certain age groups and gendered sports. The Committee identified the changing demographic as something that should be explored in the Sport Plan,as many of the new families that are moving to Aurora play different sports than those that are currently offered,and adaptability to these changes should be taken into consideration.The Committee also identified an opportunity to host low-cost sports in Town-owned parks and facilities to engage the community. General Committee Meeting Agenda Tuesday,October 6,2015 Item 8 Page -2 -67 - Parks and Recreation Advisory Committee Meeting Minutes Thursday,September 17,2015 Page 3 of 4 Sport tourism was noted as a challenge by the Committee and advised that it is difficult to attract sport tournaments as there is no hotel in Aurora.The Committee noted that there could be opportunities to promote the Town through tourist information packages that could be distributed to teams during sporting events along with website information.The Committee also indicated that there could be opportunities for partnerships with other municipalities and local businesses for larger tournaments. The Committee noted that many residents use walkways and trails year-round for walking and running,and that having year-round access and maintenance of these areas would benefit the community. The Chair encouraged members to pass the survey along to residents to complete, and the Committee suggested making paper copies of the survey available to seniors in as many ways as possible. Moved by Stephen Kimmerer Seconded by Juergen Daurer THAT the delegation by Todd Brown and Claire Tucker-Reid be received for information. CARRIED 5.MATTERS FOR CONSIDERATION 1.Memorandum from Director of Parks &Recreation Services Re:Sport Plan and Parks &Recreation Master Plan Moved by Richard Doust Seconded by Juergen Daurer THAT the memorandum regarding Sport Plan and Parks &Recreation Master Plan be received;and THAT the Parks and Recreation Advisory Committee’s roundtable discussion be considered by the consultants and staff in the development of a Sport Plan and Parks &Recreation Master Plan. CARRIED 6.INFORMATIONAL ITEMS 2.Aurora Family Leisure Complex Liaison Committee Meeting Minutes of May 27,2015,and June 23,2015 General Committee Meeting Agenda Tuesday,October 6,2015 Item 8 Page -3 -68 - Parks and Recreation Advisory Committee Meeting Minutes Thursday,September 17,2015 Page 4 of 4 Moved by Councillor Mrakas Seconded by Eric McCartney THAT the Aurora Family Leisure Complex Liaison Committee meeting minutes of May 27,2015,and June 23,2015,be received for information. CARRIED 3.Extract from Council Meeting of July 14,2015 Re:Parks and Recreation Advisory Committee Meeting Minutes of June 18,2015 Moved by Councillor Mrakas Seconded by Juergen Daurer THAT the Extract from Council Meeting of July 14,2015,regarding Parks and Recreation Advisory Committee meeting minutes of June 18,2015,be received for information. CARRIED 7.NEW BUSINESS The Committee briefly discussed the mandate of the AFLC Liaison Committee. Staff provided the Committee with a fitness membership summary report,and reported that membership sales have increased. New Business Motion No.1 Moved by Councillor Mrakas Seconded by Juergen Daurer THAT the document titled “Membership Summary Report”be received for information. CARRIED 8.ADJOURNMENT Moved by Stephen Kimmerer Seconded by Eric McCartney THAT the meeting be adjourned at 8:56 p.m. CARRIED COMMITTEE RECOMMENDATIONS ARE NOT BINDING ON THE TOWN UNLESS ADOPTED BY COUNCIL AT A LATER MEETING. General Committee Meeting Agenda Tuesday,October 6,2015 Item 8 Page -4 -69 - NOTICE OF MOTION Councillor Michael Thompson DATE:October 6,2015 TO:Mayor and Members of Council FROM:Councillor Thompson RE:Fair Pricing of e-books for Public Libraries WHEREAS public libraries provide residents with a community space where they can freely access a wide variety of information in both print and digital format;and WHEREAS municipal governments are key funders of public libraries,appoint public library boards and work in partnership with public library boards to deliver library services that are responsive to community needs;and WHEREAS electronic books (e-books)are becoming an increasingly preferred medium for library users to access content and information;and WHEREAS major multi-national publishers are charging public libraries significantly higher costs to purchase e-books for their collections than they charge consumers;and WHEREAS imposing unreasonably high costs on public libraries to purchase e-books is not an appropriate solution to the publishing industry’s concerns regarding the evolution of digital technology,including piracy; NOW THEREFORE BE IT HEREBY RESOLVED THAT the Town of Aurora requests that the Minister of Tourism,Culture and Sport work with the federal and the other provincial and territorial governments to find a solution that will allow public libraries to purchase e-books from publishers at a fair and reasonable price;and BE IT FURTHER RESOLVED THAT a copy of this resolution be sent to the Federation of Canadian Municipalities (FCM),the Association of Municipalities of Ontario (AMO),and all municipalities within York Region. General Committee Meeting Agenda Tuesday,October 6,2015 Notice of Motion (a)Page -1 -70 - TOWN OF AURORA ADDITIONAL ITEMS FOR GENERAL COMMITTEE Tuesday,October 6,2015 7 p.m. Council Chambers Replacement page 5 –Delegation (a)Kirk Corkery,Chair of Regimental Council,The Queen’s York Rangers;Re:Item 2 –PR15-031 –Placement of Light Armoured Vehicle at the Aurora Cenotaph LAV III Monument Aurora Town Council 72015-10-06 Costs &Timeline •LAV III -$17K (QYRang Regt’l Council) •Transportation &delivery -$4-6K (QYRang Regt’l Council) •Concrete pad,pedestal &plaque -$15K (Town of Aurora) •Monument available in summer of 2016 Aurora Town Council 82015-10-06 Additional Items for General Committee Meeting Tuesday,October 6,2015 Delegation (a)Replacement Page -5 -5 -