Regular Council Meeting

Regular Council Minutes September 08, 2014 - 7:00 PM That the minutes be adopted.

1. That a By-law to adopt Official Plan Amendment No. 95 be brought forward for consideration by Council; 2. That the Clerk forward a copy of Planning Report, Item PL 62-14, two (2) copies of the adopted Amendment, and a copy of the By-law to adopt Official Plan Amendment No. 95 to the Region of Durham; 3. That Council approve the Draft Plan of Subdivision (File No. SW- 2014-01) as illustrated on Attachment #2 subject to the conditions of approval as contained in Section 8.0-A of Planning Report PL 62-14; 4. That Council approve Site Plan Application (File No. SP-02-14) subject to the comments and conditions contained in Section 8.0-B of Planning Report PL 62-14; 5. That staff be authorized to prepare a subdivision agreement; 6. That the Mayor and Clerk be authorized to sign any necessary documents; Page 3 of 28 Regular Council Minutes September 08, 2014 - 7:00 PM 7. That the Region of Durham Commissioner of Planning be advised of Council’s decision; 8. That the Clerk forward a Notice of Decision to those parties and agencies who have requested to be notified of Council’s decision; and, 9. That the Mayor and Clerk be authorized to execute the Site Plan Agreement.

The property known as the Caleb Powell House at 1612 Dufferin Street be removed from the Town’s Heritage Register as a Listed Property because the building has been significantly altered and the building is unlikely to be restored. See following motion Resolution # 356-14 Moved By Councillor Roy Page 4 of 28 Regular Council Minutes September 08, 2014 - 7:00 PM Seconded By Councillor Coe That Planning and Development Department Report, PL 15-14 regarding the request to remove 1612 Dufferin Street from the Town of Whitby Heritage Register be

1. That Council approve $50,000.00, to be financed from the Downtown Improvement Reserve Fund, for professional design consulting services for streetscape improvements in Downtown Whitby; and, 2. That Staff report back in the first quarter of 2015 with proposed streetscape improvement standards for inclusion in 2015 Downtown Capital Improvement Projects.

1. That Council approve Draft Plan of Subdivision (SW-2013-08) and Page 5 of 28 Regular Council Minutes September 08, 2014 - 7:00 PM Zoning Application (Z-20-13) subject to the conditions of approval contained in Section 8.0 of Planning Report PL 63-14; 2. That a By-law to amend Zoning By-law No. 1784 be brought forward for consideration by Council; 3. That staff be authorized to prepare a subdivision agreement; 4. That the Mayor and Clerk be authorized to execute the subdivision agreement; 5. That the Region of Durham Commissioner of Planning be advised of Council’s decision; 6. That the Clerk forward a Notice of Decision to those persons and agencies who had requested to be notified of Council’s decision; and, 7. That the Staff report back to Council with the estimated time frame for a temporary pedestrian linkage and street lighting to be provided along Thickson Road North between Taunton Road and the subject lands.

1. That Planning Report Item No. PL 64-14 be received as information; 2. That a Notice of Intent to Designate the Lynde House, located at 910 Brock Street South, be published as per section 29. (1.1) of the Ontario Heritage Act, R.S.O 1990 c. O.18.; 3. That, if there are no objections to the designation in accordance with section 29. (6) of the Ontario Heritage Act, the Clerk be authorized to introduce the by-law designating the property under Part IV, Section 29 of the Ontario Heritage Act; and, 4. That, if there are objections in accordance with section 29. (7) of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Conservation Review Board.

1. That the Planning Report Item No. PL 65-14 be received as information; 2. That the Notice of Intent to Designate the Land Registry Office, located at 400 Centre Street South, be published as per section 29. (1.1) of the Ontario Heritage Act, R.S.O 1990 c. O.18.; 3. That, if there are no objections to the designation in accordance with section 29. (6) of the Ontario Heritage Act, the Clerk be authorized to introduce the by-law designating the property under Part IV, Section 29 of the Ontario Heritage Act; 4. That, if there are objections in accordance with section 29. (7) of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Conservation Review Board; and, 5. That Council direct Staff to explore a heritage conservation easement and Provincial Heritage Plaque for the property, through the Ontario Heritage Trust, and report back to the Planning and Development Committee and Council with its findings.

1. That the Planning Report Item No. PL 66-14 be received as information; 2. That the Notice of Intent to Designate the James Keith Gordon House and James Madill House, located at 312 Colborne Street West, be published as per section 29. (1.1) of the Ontario Heritage Page 7 of 28 Regular Council Minutes September 08, 2014 - 7:00 PM Act, R.S.O 1990 c. O.18.; 3. That, if there are no objections to the designation in accordance with section 29. (6) of the Ontario Heritage Act, the Clerk be authorized to introduce the by-law designating the property under Part IV, Section 29 of the Ontario Heritage Act; and, 4. That, if there are objections in accordance with section 29. (7) of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Conservation Review Board.

1. That Council approve the Draft Plan of Condominium (CW-2014-01) subject to the conditions of approval in Section 8 of Planning Report Item PL 67-14; 2. That the Mayor and Clerk be authorized to execute the condominium agreement for the subject property; and, 3. That the Clerk advise the Commissioner of Planning at the Region of Durham of Council’s decision.

1. That notwithstanding that subsequent to the public meetings concerning Zoning By-law amendments related to parking standards and provisions, changes to the proposed amendments have been made, Council considers that the changes do not require further notice, and therefore, pursuant to the provisions of subsection 34(17) Page 8 of 28 Regular Council Minutes September 08, 2014 - 7:00 PM of the Planning Act, no further notice regarding the proposed amendments is to be given. 2. That Council approve amendments to Zoning By-law 2585 and Zoning By-law 1784 in general accordance with Attachment #1 (By- law 2585) and Attachment #2 (By-law 1784) to Report PL 69-14 in order to implement the recommendations set out in Report PL 67-11 dated November 28, 2011 and Report PL 44-11 dated June 13, 2011 and the Council direction on December 12, 2011 introducing updated parking standards and provisions.

1. That Planning Report, Item Number PL 70-14 be received as information; and, 2. That the Clerk forward a copy of Planning Report Number PL 70-14, to Gerdau, the Ministry of Environment, the Region of Durham Clerk, and the members of the Berm Liaison Committee for information.

1. That Report PL 71-14 be received as information; and, 2. That the property located at 224 Hickory Street North be removed from the Town’s Heritage Register (the property being listed but not designated). Page 9 of 28 Regular Council Minutes September 08, 2014 - 7:00 PM

1. That Planning and Development Report PL 59-14 be received as information; 2. That Staff report back, for Council’s consideration in the second quarter of 2015, on the details of policy, criteria, and procedures to review and assess unsolicited proposals to acquire municipal properties, including additional criteria for properties which have special significance for destination use / activity potential; and, 3. That unsolicited proposals for municipal property, not be considered until such time as Council has declared such properties surplus and until such time as the policy set in Recommendation No. 2 has been developed and approved by Council.

1. That Planning and Development Report PL 57-14 be received for Page 10 of 28 Regular Council Minutes September 08, 2014 - 7:00 PM information; 2. That Heritage Conservation District Guidelines for the Werden’s Plan Residential Area be developed with community input prior to Council’s consideration of the adoption of a Heritage District Plan.

1. That Council approve the proposed design for the reconstruction of the main entry at the Iroquois Park Sports Centre; and, 2. That Council authorize staff to engage Barry Bryan Associates to prepare the detailed architectural drawings and specifications required to prepare a tender for the project.

That Council approve the Royal Canin naming rights sponsorship of both Jeffery Street and Cochrane Street Off-Leash Dog Parks under the terms and conditions listed in the Community and Marketing Services Report CMS 47-14.

1. That the Town of Whitby accept the low tender as received from 1713512 Ontario Inc. in the amount of $512,100.00 (plus applicable taxes) for the rehabilitation of Ash Creek storm sewer structure as required by the Town of Whitby; 2. That an over expenditure in the amount of $165,000.00 be approved and financed $107,821.00 from one-time funds and $57,179.00 from development charges; 3. That the total estimated cost in the amount of $665,000.00 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the low tender as received from Trison Contracting Inc. in the amount of $102,510.00 (plus applicable taxes) for the construction of a Whitby Municipal Building/Durham Region Headquarter parking lot connection and resurfacing of the Whitby Seniors Activity Centre entry driveway; 2. That an over expenditure in the amount of $27,970.00 for the Whitby Seniors Activity Centre entry driveway be approved and funded through the maintenance reserve; 3. That an over expenditure in the amount of $9,030.00 for the Whitby Municipal Building and Durham Region Headquarters parking lot Page 12 of 28 Regular Council Minutes September 08, 2014 - 7:00 PM connection be approved and funded through one-time reserves; 4. That the total estimated cost in the amount of $117,000.00 be approved; 5. That the Mayor and Clerk be authorized to execute the contract documents; and, 6. That the Mayor and Clerk be authorized to execute a license agreement with the Regional Municipality of Durham.

That Report No. CS 53-14 of the Commissioner of Corporate Services/Treasurer be received as information.

That Council authorize that the Summer Recess Procedures, as outlined in the Purchasing Policy, be adopted while Council is in recess during the 2014 election recess from September 2014 through December 2014.

That Report No. CS 56-14 of the Commissioner of Corporate Services be received as information.

That Report CS 58-14 from the Commissioner of Corporate Services / Treasurer be received as information.

1. That Council provide pre-budget approval of $4,337,000 for the 2015 roads resurfacing maintenance projects shown in Attachment 1; 2. That Staff be authorized to tender the resurfacing maintenance projects shown in Attachment 1; 3. That the Commissioner of Corporate Services / Treasurer be authorized to award the tenders to the lowest compliant bidder provided such tenders are within or do not exceed by more than 10%, the approved budget allocation; and, 4. That subject to the finalization of the Region of Durham’s and the MTO’s 2015 work plan, that Council authorize Staff to substitute a road project with a similar comparable road resurfacing project, if needed. Page 14 of 28 Regular Council Minutes September 08, 2014 - 7:00 PM

1. That the Town of Whitby accepts the highest scoring proposal of ABC Recreation Ltd. In the amount of $148,000.38 (excluding taxes) to provide the design, supply and installation services for playgrounds at Elmer Lick Park, Coach Park and Nichol Park; 2. That the total estimated project cost of $169,605.19 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Report CAO 8-14 of the Office of the Chief Administrative Officer be received; 2. That Council approve the 2015 Council and Standing Committee Meeting Schedule included as Attachment 1 and the 2015 Council and Standing Committee Report Deadline Schedule included as Attachment 2 to this report; and, 3. That the Town Clerk take the necessary action as directed by Council.

That Report CAO 9-14 of the Chief Administrative Officer be received for information.

1. That Council authorize an expenditure of $115,000, of which $82,582 is funded from One Time Funds and $40,129 is funded from Development Charges for the design and construction of an Intersection Pedestrian Signal at the intersection of Mary Street and Hickory Street; and, 2. That a copy of Report PW 8-14 be forwarded to the Region of Durham.

1. That Council approve the implementation of No Stopping Restrictions on both sides of Burns Street, 60m east and west of Page 16 of 28 Regular Council Minutes September 08, 2014 - 7:00 PM Henry Street; 2. That Council authorizes the Clerk to bring forward an amending By- law to By-law 1862-85, for Council approval; 3. That the Region of Durham be requested to install No Stopping restrictions on both sides of Burns Street, 60m east and west of Henry Street; and, 4. That Report PW 24-14 be forwarded to the Region of Durham.

1. That Staff be directed to install all-way stop control signage and pavement markings at the intersection of Robert Attersley Drive and McKinney Drive; 2. That Staff be directed to install heavy vehicle restriction signage for Robert Attersley Drive between Garden Street and Baldwin Street; and, 3. That Council authorize the Clerk to bring forward the amending By- laws to By-law 1862-85, for Council approval.

That the following be added as item 4 of the main motion: That Robert Attersley Drive between Baldwin Street and Garden Street be reduced to 40 km/h on a one-year trial basis. The main motion, as amended, was then

1. That Staff be directed to update Traffic By-Law 1862-85, Schedule N to include the two-way stop controlled intersections of Town roads with Region of Durham and Ministry of Transportation roads that are not currently under by-law and identified in Attachment 1; 2. That Council authorizes the Clerk to bring forward an amending By- law to By-law 1862-85, for Council approval; and, 3. That Report PW 31-14 be forwarded to the Region of Durham and the Ministry of Transportation.

1. That staff be directed to install an all-way stop control at the intersection of Cachet Boulevard and Blackfriar Avenue; 2. That staff be directed to install an all-way stop control at the intersection of William Stephenson Drive and Erickson Drive; 3. That Council authorize the Clerk to bring forward an amending By- law to Traffic By-law 1862-85, for Council approval; and, 4. That a copy of the Report PW 32-14 be provided to the Durham Regional Police Service.

That staff be authorized to negotiate directly with Haul- All Incorporated for the purchase of one (1) Haul-All Garbage Truck.

1. That Staff be directed to install No Stopping restrictions (Anytime) on both sides of Carnwith Drive from 30m east of Darius Harns Drive to 30m west of Darius Harns Drive; 2. That staff be directed to install No Stopping restrictions (September to June, Monday through Friday, 8:15am-9:15am and 3:00pm- 4:00pm) on the north side of Carnwith Drive from 10m west of Hatch Street to 30m west of Darius Harns Drive; 3. That Staff be directed to install No Stopping restrictions (Anytime) on both sides of Carnwith Drive from 30m east of Bayern Drive to 30m west of Bayern Drive; 4. That Staff be directed to install No Stopping restrictions (September to June, Monday through Friday, 8:15am-9:15am and 3:00pm- 4:00pm) on both sides of Carnwith Drive from 30m east of Bayern Drive to the east limit of Chris Hadfield Public School; 5. That Council authorize the Clerk to bring forward an amending By- law to By-law 1862-85, for Council approval; and, 6. That Report PW 35-14 be forwarded to the Durham District School Board and the Durham Catholic District School Board.

1. That Council direct Staff to undertake a one year 40 km/h speed limit trial on Montgomery Avenue between Cassels Road and Columbus Road; 2. That Council direct Staff to install all-way stop control at Holsted Road and Montgomery Avenue and an all-way stop control at Montgomery Avenue and Joshua Boulevard; 3. That Council direct Staff to provide temporary radar message signage on residential streets with potential speeding concerns; 4. That Council direct Staff to restrict parking on the south side of Cassels Road East from Baldwin Street to Princess Street; 5. That Council direct Staff to pursue purchasing/leasing opportunities on the east side of Baldwin Street for potential municipal parking; 6. That Council direct Staff to monitor intersection operations at Watford Street and Blackfriar Avenue; 7. That Council direct Staff to monitor the intersections of Pearl Street / Baldwin Street and George Street / Baldwin Street; 8. That Council direct Staff to discuss a Pace Car program with the School Boards; 9. That Council authorize the Clerk to bring forward the applicable amending By-laws to Traffic By-law 1862-85, for Council approval; and, 10. That Report PW 36-14 be forwarded to the Ministry of Transportation, Region of Durham, the Durham District School Board, and the Durham Catholic District School Board.

1. That Public Works Report PW 37-14 be received as information; and, 2. That Staff be directed to submit a full claim submission to the Ministry of Municipal Affairs and Housing as part of the Ice Storm Assistance Program.

1. That Council approve the Draft Terms of Reference for the Ferguson Avenue Class Environmental Assessment as provided in Attachment 1; 2. That Council authorize an expenditure of $125,000, of which $82,582 is funded from One Time Funds and $42,438 is funded from Development Charges for the completion of a Ferguson Avenue Class Environmental Assessment; and, 3. That Report PW 38-14 be forwarded to the Ministry of Transportation.

1. That Staff be directed to install No Stopping restrictions (September Page 21 of 28 Regular Council Minutes September 08, 2014 - 7:00 PM to June, Monday through Friday, 7:30am-8:30am and 2:00pm- 3:00pm) on the north side of Medland Avenue from Baycliffe Drive to Pardon Avenue; 2. That Staff be directed to install No Stopping restrictions (September to June, Monday through Friday, 7:30am-8:30am and 2:00pm- 3:00pm) on the east side of Kirkland Place from Medland Avenue to 45 Kirkland Place; 3. That Council authorize the Clerk to bring forward an amending By- law to By-law 1862-85, for Council approval; and, 4. That Report PW 35-14 be forwarded to the Durham District School Board.

1. That Council authorize Staff to convert the previously approved Stormwater Management Working Foreman position to an Assistant Superintendent of Operations; and, 2. That Council authorize Staff to include an additional $39,180 in the 2015 operational budget for the conversion of Stormwater Management Working Foreman position to an Assistant Superintendent of Operations.

1. That Council enact the proposed Noise By-law (Attachment 1); and, 2. That Schedule 2 of the by-law be amended to reflect the prohibited time for the operation of a snow thrower, snow blower, or similar device between the hours of 10:00 p.m. to 6:00 am. Page 22 of 28 Regular Council Minutes September 08, 2014 - 7:00 PM

1. That Council approve the creation of 6 time-limited drop-off/pick-up vehicle zones in Downtown Whitby on a one year trial basis; 2. That Council approve the creation of 2 time-limited taxicab stands in Downtown Whitby on a one year trial basis; 3. That Council approve funding in the amount of $2,500 to be drawn from the Parking Reserve Fund, for costs associated with the purchase and installation of signs to identify the time-limited drop- off/pick-up vehicle zones and taxicab stands; 4. That Council authorize the Clerk to bring forward the applicable amending By-law (attached) to Traffic By-law No. 1862-85, for Council approval; 5. That a copy of Legal Services/Public Works/Planning and Development Joint Report LS 12-14 be provided to the Durham Regional Police Service; and, 6. That staff report back to the Operations Committee in 2015 to provide an update regarding the operation of the drop-off/pick-up vehicles zones and taxicab stands.

1. That Report CS 60-14 of the Commissioner of Corporate Services/Treasurer be received for information; Page 23 of 28 Regular Council Minutes September 08, 2014 - 7:00 PM 2. That Staff be directed to bring forward amendments to Clause 4a) and 4b) of the Special Events Policy to clarify Council’s intent in this regard; and, 3. That Staff be directed to report back on a policy identifying the process and criteria to be used for disbursements from the Mayor’s Community Development Fund.

1. That staff investigate other jurisdictions where there has been a Town wide reduction in speed to 40 km/hr and what evidence there is that the speed restrictions have reduced overall speeds long term; and, 2. That staff report back on their findings at the next Operations Committee in January 2015.

That leave be granted to introduce By-law # 6898-14 to 6926-14, and to dispense with the readings of the by-laws by the Clerk and that the Page 27 of 28 Regular Council Minutes September 08, 2014 - 7:00 PM same be considered read and passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.

That leave be granted to introduce a by-law and to dispense with the reading of the by-law by the Clerk to confirm the proceedings of the Council of the Town of Whitby at its regular meeting held on September 8, 2014, and that the same be considered read and passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.

That the meeting be adjourned.

That the proclamation for Prostate Cancer Awareness Month - September 2014, Culture Days - September 26 - 28, 2014, International Walk to School Month - October 2014, International Walk to School Day, October 8, 2014, Child Care Worker and Early Childhood Educator Appreciation Day - October 29, 2014 and the flag-raising China National Day - September 29, 2014 and for Franco-Ontarian Day - September 25 - October 2, 2014 be endorsed.

That Planning and Development Department Report, PL 15-14 regarding the request to remove 1612 Dufferin Street from the Town of Whitby Heritage Register be