Regular Council Meeting

Regular Council Minutes November 21, 2016 - 7:00 PM That the minutes be adopted.

That the proclamations for Trans Awareness Month - November 2016, Day of Persons with Disabilities - December 3, 2016 and World Religion Day - January 15, 2017 and flag raising for Trans Awareness Month - November 23 to 30, 2016, be endorsed.

Whereas Whitby Town Council considered potential changes to the composition of Town Council given the pending changes to Regional Council Composition through Staff Report CLK 17-16 and Resolution # 412-16 and decided that the Town’s Regional Councillors would continue to be elected at large; And Whereas Whitby Town Council consented to the Regional Municipality of Durham’s By-law 40-2016 through Resolution # 461-16 to change the composition of Whitby Town Council to include one (1) additional member for the Town of Whitby; Now therefore be it resolved: 1. That Correspondence # 2016-672 received by the Town Clerk on Page 3 of 18 Regular Council Minutes November 21, 2016 - 7:00 PM November 13, 2016 from Debi A. Wilcox, MPA, CMO, CMM III, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, advising that changes to Regional Council composition have received the required triple majority approval, be received for information; 2. That the Clerk be directed to provide notice in accordance with the Town’s Notice Policy of Town Council’s intent to change the composition of Town Council from 8 members to 9 members to include an additional Regional Councillor to be elected at-large; and, 3. That subject to providing the required notice, the Clerk be directed to bring forward the necessary Council Composition By- law.

1. That Council approve Zoning By-law Amendment Application (Z- 14-16) subject to the conditions contained in Section 8 of Report PL 106-16; and, 2. That the Zoning By-law Amendment be brought forward for Council’s consideration.

1. Due to the short-lived operating season of the 2015-16 outdoor rink pilot project, that Council approve the renewal of the pilot location for the Volunteer Outdoor Ice Rink in Whitby Kinsmen Park for the 2016-17 season and that the outdoor rink be operated based on the parameters outlined in staff report CMS 60-15 and the proposed draft Volunteer Outdoor Ice Rink Policy; and, 2. That Staff report back on the proposed Volunteer Outdoor Ice Rink Program and draft Policy subject to the completion of the pilot location and the review of increased staff and budget required to support the implementation of the program on a Town wide basis.

1. That Council authorize Staff to conduct a Public Information Centre for the development of a new Community Garden Program and Policy; 2. That Staff report back to Council on the findings of the Public Information Centre; 3. That Staff report back to Council on a revised draft Community Garden Program and Policy; and, 4. That Council repeal the Garden Plots Policy Procedure adopted on March 22, 1982 (Resolution Number 652-82).

1. That Council approve the proposed park design plan (Attachment 2) for the development of three Pickleball Courts and two additional Bocce Courts at Cullen Central Park; and, 2. That staff be authorized to prepare the detailed park design and issue a tender for the project and report back to Council with a recommended general contractor and overall project costs.

Page 6 of 18 Regular Council Minutes November 21, 2016 - 7:00 PM 1. That Council approve the purchase of two (2) Capstone C65 Combined Heat and Power (CHP) Micro-turbines, as a bona-fide sole source procurement in accordance with section 11 of the Purchasing Policy; 2. That Council approve the maintenance agreement with WHEC in the amount of $24,000 annually, as a bona-fide sole source procurement in accordance with section 11 of the Purchasing Policy; 3. Based on the new direction and funding contribution from Whitby Hydro Energy Corporation (WHEC) towards the Capstone CHP Micro-turbines, that the increased project cost of $332,584 be approved and funded from uncommitted one-time reserves; and, 4. That the Clerk forward a copy of Report CMS 63-16 to the Whitby Hydro Energy Corporation and the Whitby Sustainability Advisory Committee.

1. That Community and Marketing Services Department Report CMS 61-16 regarding an update on discussions with the Department of Fisheries and Oceans Canada related to Whitby Harbour be received as information; 2. That Council approve funds in the amount of $15,000 for water testing and sampling costs related to dredging works as directed by Fisheries and Oceans Canada, to be funded from the Marina reserve; 3. That an exemption from the provisions of the Noise By-law No. 6917-14 to permit dredging on weekends as needed between November 26, 2016 and December 18, 2016 be approved; 4. That staff report back to Council following the receipt of the Department of Fisheries and Oceans Canada long term sediment management plan for Whitby Harbour; and, 5. That the Clerk forward a copy of Report CMS 61-16 to Fisheries and Oceans Canada. Page 7 of 18 Regular Council Minutes November 21, 2016 - 7:00 PM

1. That Council authorize a grant application be made to the Independent Electricity System Operator for a detailed engineering study at Iroquois Park Sports Centre; 2. That staff be authorized to engage I.B. Storey Inc. to prepare and submit the grant application at no cost to the municipality; and, 3. That if approved by the Independent Electricity System Operator, I.B. Storey be authorized to complete the study for the grant amount with no additional cost to the municipality.

1. That the installation of a permanent second soccer dome to be located over the outdoor artificial turf field located at the Rossland Road Soccer Complex be approved; 2. That the proposed second soccer dome as a municipally financed project with an estimated project cost in the amount of $4,000,000 be pre-budget approved; 3. That the terms of the capital repayment by the Whitby Iroquois Soccer Club for the second soccer dome be approved; 4. That the Commissioner of Planning and Development be authorized to approve any amendments and/or requirements to the outdoor artificial turf field site plan to include the installation of a permanent soccer dome; 5. That an exemption to the terms contained within the Purchasing Page 8 of 18 Regular Council Minutes November 21, 2016 - 7:00 PM Policy be approved to engage the consulting firm AECOM, subject to Section 7 Repetitive Projects/Assignments for Consultants for Continuous Service for the purpose of providing architectural and engineering design services for the project; 6. That staff be authorized to issue the tender documents to the prequalified general contractors for the site works and project construction; 7. That the purchase, manufacture and installation of the soccer dome structure from The Farley Group as a bona-fide sole source procurement in accordance with Section 11 of the Purchasing Policy be approved; 8. That staff be authorized to award the project to the general contractor for the construction and site works of the

That the Qualified Caterer Program be cancelled and that only a Permit Rental Fee and the Town’s Facility Insurance Requirements be necessary for catered events at Town of Whitby facilities.

1. That Council appoints ADR Chambers Inc. through partnering with the Region of Durham’s Request for Proposals (RFP) 1014- 2016 for Municipal Ombudsman Services; 2. That the Town Clerk be authorized to bring forward a by-law authorizing the appointment of ADR Chambers Inc. as the Municipal Ombudsman for the Town of Whitby; 3. That Council approve the Terms of Reference for the Municipal Ombudsman included as Attachment #1; Page 10 of 18 Regular Council Minutes November 21, 2016 - 7:00 PM 4. That the Mayor and Town Clerk be authorized to execute the necessary documents for appointment; 5. That the Town Clerk provide notice of the appointment of ADR Chambers as the Municipal Ombudsman to the Town’s local boards and municipally-controlled corporations; and, 6. That Council approve the Public Complaints Policy included as Attachment #2.

1. That Council approve the revised Community Organization Sign Policy; 2. That the recommended two (2) sign designs be standardized and approved as part of the revised Community Organization Sign Policy; 3. That the Department seek the approval of the Region of Durham Works Department and the Ontario Ministry of Transportation to install new Community Organization Signs in locations involving their respective rights of way; and, 4. That an additional $28,200 be included for Council’s consideration in the 2017 draft Capital Budget for the installation of new Community Organization Signs on Baldwin Street north of Columbus Road.

1. That Public Works Report PW 34-16 be received as information; Page 11 of 18 Regular Council Minutes November 21, 2016 - 7:00 PM and, 2. That Public Works Staff continue to provide Council with a status update on the Emerald Ash Borer (EAB) Action Plan twice each calendar year.

1. That Council approve the sanitary sewer easement to the Region of Durham over three sections of the unopened Coronation Road right-of-way, south of Dundas Street West. One is on the north side of the MTO highway corridor and the other two are on the south side of the CNR / Metrolinx corridor, being PINs 26494- 0713, 26493-0042 and 26493-0070, respectively over the entire property (“the Coronation Road Easements”); 2. That the Clerk bring forward the necessary by-law authorizing the Coronation Road Easements; and, 3. That the Mayor and Clerk be authorized to execute the easement agreement and any ancillary documents necessary to effect same.

1. That Council endorse the Service Delivery Review (SDR) Initial Implementation Plan in CAO Report 18-16 covering those Opportunities that can be initiated prior to the employment of the Page 12 of 18 Regular Council Minutes November 21, 2016 - 7:00 PM permanent CAO, and that address the Town’s most immediate service delivery-related needs; 2. That Staff be directed to take the necessary actions, as broadly outlined in Attachment 1, to proceed with Service Delivery Opportunities 5, 18.1 and 18.2, and that $125,000 for the engagement of consultants be allocated from the Town's Corporate Development Reserve for this purpose; 3. That Council approve to commence the SDR Initial Implementation Plan immediately and that all purchases will be in accordance with the Purchasing Policy; 4. That the Commissioner of Corporate Services / Treasurer be authorized to award the proposals to the highest competitive bidders, provided such proposals do not exceed by more than 10%, the approved budget allocation; and, 5. That all remaining Service Delivery Review Opportunities be considered by Council as part of a Long Range SDR Implementation Plan to be presented to Council as part of the 2018 Budget Review process.

1. That the Town of Whitby purchase Part Lot 28, Broken Front Concession, Part 11, Plan 40R-4135, save and except for Part 2, Plan 40R-18279 and Part 10, Plan 40R-4135, save and except Part 4, Plan 40R- 18279, (“the properties”) Gordon Street, from the Minister of Economic Development, Employment and Infrastructure for the sum of $2,350; 2. That the Town recover the purchase price of $2,350 and all costs associated with the Town’s acquisition of the properties from Whitby By the Lake Inc.; 3. That the Clerk bring forward a by-law authorizing the purchase of the properties; and, Page 13 of 18 Regular Council Minutes November 21, 2016 - 7:00 PM 4. That the Mayor and Clerk be authorized to execute the required documents to give effect thereto.

That Council approve the proposed reorganization for the Legal and By- law Services Department outlined in Confidential Report LS 20-16.

1. That the CAO Report CAO 17-16 be received; 2. That Human Resources be directed to revise the Town's Employee Recognition Program in accordance with Option 1 in Section 5 of this report, and; 3. That Human Resources implement these changes in 2018.

That the rules of procedure be suspended in order to bring forward a motion that is time sensitive in that it is requesting a report back from staff prior to the completion of the Development Charges Study currently underway.

1. That the Commissioner of Corporate Services review prior to the finalization of the development charge by-law the opportunity to provide for an exemption or reduction in the development charges that may be applied to apartment units within the Downtown Community Improvement Area as set out on Schedule E to Whitby's Official Plan and on lands now zoned for and permitting such development; and, 2. That the Commissioner of Corporate Services report back to Council with the findings.

That leave be granted to introduce By-law # 7197-16 to # 7202-16 and to dispense with the readings of the by-laws by the Clerk 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 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 November 21, 2016 and 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 adjourn.

That Council approve Sign By-law Variance Application SB-07-16 to the Town of Whitby Sign By-law 5695-05 for the Copper Branch (eating establishment) on lands municipally known as 66 Baldwin Street in accordance with the following amendment: a. To permit a maximum projection of a wall sign from 50.0 centimetres to 92 centimetres, for a maximum of one (1) wall sign.