Regular Council Meeting

That the minutes be adopted.

That the delegations from John Higo and Peter and Jody Lipton regarding Item 6.18, Intensive Behavioural Intervention Resolution, be heard in accordance with section 2.8.3 of Procedure By-law #7072-15.

That the order of the agenda be changed to hear Item 6.18, Intensive Page 4 of 26 Regular Council Minutes June 06, 2016 - 7:00 PM Behavioural Intervention, at this time.

That the proclamations for Bike Month - June 2016 and Head Lice Awareness Day - September 17, 2016, be endorsed.

1. That Council approve Zoning By-law Amendment Application (Z- 03-16) subject to the conditions contained in Section 8 of Report PL 53-16; and, 2. That the Zoning By-law Amendment be brought forward at the next available Council meeting.

1. That Council approve Site Plan Application (SP-04-16) subject to the conditions contained in Section 8 of Report PL 59-16; 2. That Staff be authorized to prepared a Site Plan Agreement; and, 3. That the Mayor and Clerk be authorized to sign any necessary documents.

1. That Council approve Site Plan Application SP-08-16 subject to the conditions of approval as outlined in Section 8.0 of Planning Report PL56-16; and, 2. That Council authorize the Commissioner of Planning to approve the revised site plan drawings in accordance with the revisions requested as outlined in Section 8.0 of Planning Report PL 56-16.

1. That Council receive Planning and Development Report Item PL 54-16 as information; 2. That Council adopt by resolution, the following: The year 2012 being the baseline year for the Corporate Energy and Emissions Management Plan (CEEMP); The year 2022 being the target year for Phase 2 of the Corporate Energy and Emissions Management Plan; and The ten-year corporate targets of 20% reduction in energy intensity and 19% reduction in greenhouse gas emissions below 2012 levels by 2022; and, 3. That Council direct staff to submit the complete Corporate Energy and Emissions Management Plan to the Federation of Canadian Municipalities for recognition of the corporate Milestones 1 – 3 of the Five-milestone Partners for Climate Protection program.

That the main motion be amended by adding the following as Items 4, 5 Page 7 of 26 Regular Council Minutes June 06, 2016 - 7:00 PM and 6 and the recommendation renumbered accordingly: 4. That Staff pursue the necessary application for funding to the IESO for the SaveONenergy Energy Manager program for the hiring of an Energy Conservation Officer on a temporary basis in 2016 to fund 80% of the eligible expenses of the ECO salary; 5. That in order to further implement the CEEMP, and subject to IESO Funding, Council approve the hiring of an Energy Conservation Officer on a temporary basis in 2016 / 2017 for the duration of twelve months with an estimated impact of $15,000; and, 6. That a permanent FTE Energy Conservation Officer with an estimated annual impact of $85,000 be

That Correspondence from the Region of Durham regarding Nuclear Emergency Plans (#2016-146) be received for information.

Page 8 of 26 Regular Council Minutes June 06, 2016 - 7:00 PM 1. That Council endorse the Whitby In Bloom Committee of Council’s proposed 2016 Work Plan and the actions outlined in Community and Marketing Services Report CMS 36-16; 2. That Council approve the Town’s participation in the 2016 Communities in Bloom Circle of Excellence Non-Evaluated Program; and, 3. That Council approve that any surplus from the 2016 Operating Budget, be held in reserve and allocated to support the Town’s entry in future Communities in Bloom programs.

1. That Community and Marketing Services Report CMS 38-16 regarding the donation of nine MIKEY Automatic External Defibrillators from Heathwood Homes and Andrin Homes be received as information; and, 2. That Council thank and recognize Heathwood Homes and Andrin Homes for their generous and community minded donation at a future Council meeting.

1. That Council authorize Staff to submit an application for $15,000 in funding to the Canada 150 Fund to support a proposed Waterfront Festival in 2017; 2. That staff report back to Council regarding details and funding requirements for the proposed Waterfront Festival in 2017; and, Page 9 of 26 Regular Council Minutes June 06, 2016 - 7:00 PM 3. That a copy of Report CMS 34-16 be forwarded to Celina Caesar Chavannes M.P. Whitby Oshawa.

That the 2016 Whitby County Town Carnival and Canada Day Celebration to be held at Victoria Fields on Friday, July 1, 2016 as outlined in Community and Marketing Services Report, CMS 35-16 be received as information.

1. That Community and Marketing Services Report CMS 39–16 regarding monarch butterfly conservation be received as information; 2. That the Town’s participation in the ‘Mayors’ Monarch Pledge’ initiative be endorsed; 3. That the Town undertake education with residents and businesses on the importance of the conservation of monarch butterflies and their local habitat; 4. That the Town integrate practices into its municipal environmental and sustainability plans and evaluate further actions that support the monarch butterfly population and their habitat; 5. That community partnerships be developed in the future to support monarch butterfly conservation; 6. That the Clerk forward a copy of Report CMS 39-16 to the Town’s Page 10 of 26 Regular Council Minutes June 06, 2016 - 7:00 PM Sustainability Advisory Committee of Council, Whitby in Bloom (WIB) Committee of Council, CLOCA, Thickson Woods Land Trust, Brooklin Horticultural Society, Durham Region Environmental Advisory Committee and Durham Region Field Naturalists.

1. That Council authorize staff to undertake the renovations at the former Land Registry Office, located at 400 Centre Street in downtown Whitby; 2. That Council authorize staff to engage an engineering and architectural consultant to prepare the detailed building designs and Tender documents for the project; 3. That staff be authorized to issue the Tender documents to secure a general contractor to complete the renovations; 4. That Council direct staff to undertake the planning and development process and report back on the provision(s) to permit additional uses, particularly as it relates to non-public agency office uses; and, 5. That staff report back to Council in September regarding the proposed use of the Land Registry Office, and the implications as Page 11 of 26 Regular Council Minutes June 06, 2016 - 7:00 PM part of the update to the Municipal Office Needs Assessment.

That the main motion be divided to deal with Item 3 separately.

That the main motion be divided to deal with Item 5 separately.

1. That Council authorize staff to undertake the renovations at the former Land Registry Office, located at 400 Centre Street in downtown Whitby; 2. That Council authorize staff to engage an engineering and architectural consultant to prepare the detailed building designs and Tender documents for the project; 3. That staff be authorized to issue the Tender documents to secure a general contractor to complete the renovations; and, 4. That Council direct staff to undertake the planning and development process and report back on the provision(s) to permit additional uses, particularly as it relates to non-public agency office uses.

That recommendation 5 of Item 6.7 be

1. That the Town of Whitby accept the low tender of Miconi Construction Ltd. in the annual amount of $115,850.00 (excluding taxes) for the repair of Town-owned catch basins and/or maintenance holes as required by the Town of Whitby; 2. That an over expenditure in the amount of $14,888.96 be approved and funded from Maintenance Reserves; 3. That the total estimated annual cost in the amount of $137,888.96 be approved; 4. That approval be granted to extend this contract for up to two (2) additional one (1) year terms subject to budget approval, company’s performance, product quality and timely delivery of work; and, 5. 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 Infrastructure Intelligence Services Inc. in the amount of $209,968.00 (excluding taxes ) for storm sewer inspection, assessment, calcification removal & flushing as required by the Town of Whitby; 2. That the total estimated project cost in the amount of $235,000.00 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the low compliant tender as received from Lancoa Contracting Inc. in the amount of $272,558.00 (excluding taxes) for the stormwater management pond sediment removal as required by the Town of Whitby; 2. That an over expenditure in the amount of $83,355.02 be approved and funded from Maintenance Reserves; 3. That the total estimated project cost in the amount of $302,355.02 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 of Hawkins Contracting Services Ltd. in the amount of 458,251.50 (excluding taxes) for the Brawley Road West Culvert Rehabilitation; 2. That the total estimated project cost for the Town of Whitby, in the amount of $605,000 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the low tender of IPAC Paving Ltd. in the amount of $301,427.50 (excluding taxes) to complete asphalt patching and crack sealing throughout the Town of Whitby save and except the works outlined in Attachment #3 of the staff report; 2. That Council approve the additional works at the Centennial Building and Civic Recreation Complex; 3. That the total estimated project cost for the Town of Whitby, in the amount of $394,000.00 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents. Page 15 of 26 Regular Council Minutes June 06, 2016 - 7:00 PM

That Council approve the asphalt patching and crack sealing as outlined in Attachment #3 of the staff report as part of the total tender amount submitted by IPAC Paving Ltd.

1. That the Town of Whitby accept the low tender bid of Turf Care Products Canada Limited in the amount of $190,341.00 (plus applicable taxes) for the supply and delivery of three (3) 11’ wide cut mowers; 2. That the over expenditure of $14,191.00 be financed from the Maintenance Reserve Fund; 3. That the total estimated project cost for the Town of Whitby in the amount of $194,191.00, be approved; and 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the highest scoring proposal of PlayPower LT Canada Inc. in the amount of $209,092.36 (excluding applicable taxes) for the design, supply and installation of playground equipment; 2. That the total estimated project cost in the amount of $229,572.38 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

That Report No. CS 44-16 of the Commissioner of Corporate Services/Treasurer be received as information.

That Public Works Department Report PW 18-16 be received as information. Page 17 of 26 Regular Council Minutes June 06, 2016 - 7:00 PM

That Council approve Fire Service Automatic Aid Agreements between the Town of Whitby, and the City of Pickering, the City of Oshawa and the Town of Ajax to provide reciprocal expedited emergency response service to sections of Provincial highways located within one Municipality, but more efficiently accessed by another.

Whereas the Provincial Government implemented the Stronger Protection for Ontario Consumers Act in April 2015 to address, among other things, aggressive and misleading door-to-door sales tactics; Whereas Ontarians over the last twelve months continue to experience unsolicited, aggressive and misleading sales tactics at their door from companies seeking to sell home energy products, despite this provincial legislation; Whereas the door-to-door agents acting on behalf of these companies misrepresent their purpose and/or identity, often posing as utility inspectors and government agents needing to gain access to the homes of Ontarians; Whereas people across Ontario, and in particular Whitby residents, have been targeted by these door-to-door misrepresentations and misleading sales tactics; Whereas on such company has been recently charged with 142 breaches of the Consumer Protection Act due to this fraudulent and misleading sales conduct, previous attempts by the Province to protect Ontarians have failed; and Whereas the province has implemented a ban on door-to-door sales for electricity and natural gas contracts by passing the Strengthening Consumer Protection and Electricity System Oversight Act, 2015; Now therefore be it resolved that the Council of the Town of Whitby: 1. Urge the Provincial Government to ban all door-to-door sales in the home services sector (more specifically the sale or lease of HVAC equipment, water heaters, water filtration systems and other related hom

That the recommendations in Item 2.1, as contained in the confidential minutes of the Management Committee held on May 17, 2016, be adopted.

That the recommendations in Item 2.2, as contained in the confidential minutes of the Management Committee held on May 17, 2016, be adopted.

1. That Council approve an additional 11 accessible portable toilets from the Town’s approved supplier for the remainder of the 2016 summer/fall season for placement in priority park locations and to relocate 7 existing portable toilet units in parks with demonstrated demand based on weekly permitted sports field hours; 2. That an over expenditure in the 2016 Public Works Parks Operations budget at an estimated amount of $9,000 (excl. HST) for the rental, service, installation, and relocation of existing portable toilets be approved and be funded from the one time reserves; and, 3. That the provision of 50 accessible portable toilets for all required parks at an estimated operating cost of $39,000 (excl. HST) for rental and service plus any associated capital/installation costs be

1. That leave be granted to introduce a motion in accordance with Section 2.12.2 of the Procedure By-law; and, 2. That Council Resolution #234-16 be reconsidered based on new information in accordance with Section 3.12(xiii)(1) of the Procedure By-law; and, 3. That Section 3.12(xiii)(3) of the Procedure By-law be suspended in order to permit the disposition of the reconsideration at this Council meeting.

That item 3 of Resolution #234-16 be revised to permit the closure of Colborne Street between Byron Street and Green Street and Brock Street South between Dunlop Street and Dundas Street from 6:00 a.m. to 11:00 p.m. on Saturday, June 25, 2016.

That leave be granted to introduce a motion in accordance with Section 2.12.2 of the Procedure By-law regarding a Town Event to Celebrate the Page 23 of 26 Regular Council Minutes June 06, 2016 - 7:00 PM Opening of Highway 407.

1. That Council approve the coordination of a Town event for residents to celebrate the opening of Highway 407 in Whitby; 2. That the Town event be held on Saturday, June 18, 2016 from 9:00 a.m. to 12 noon; 3. That an amount up to $7,500 be approved from uncommitted reserves to fund the costs associated with the event; 4. That the Town event be held at Highway 407 between Baldwin Street and Anderson Street , subject to the terms and conditions determined by the Ministry of Transportation and the 407 East Development Group; and, 5. That the Member of Parliament and Member of Provincial Parliament for Whitby/Oshawa, Town staff, Town’s Committees of Council, Region of Durham, local municipalities in Durham Region, Whitby Chamber of Commerce and Whitby/Durham based community organizations be advised of the Town’s event.

That leave be granted to introduce By-law # 7146-16 to # 7151-16 and to dispense with the readings of the by-laws by the Clerk and that the Page 25 of 26 Regular Council Minutes June 06, 2016 - 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 June 6, 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.