Regular Council Meeting

That the minutes be adopted, save and except the minutes of May 20, 2014.

That the minutes of May 20, 2014 be adopted.

That the proclamations for World Elder Abuse Awareness Day - June 15, 2014 and Franco-Ontarian Day - September 25, 2014, be endorsed.

1. That Council approve Zoning By-law Amendment Application Z-03- 14 subject to the comments and conditions contained in Section 8.0 of Report PL 33-14; and, 2. That the Zoning By-law Amendment be brought forward for Council’s consideration.

That this report be received for information.

1. That Council approve zoning application (Z-17-13), subject to the conditions contained in Section 8.0 of Planning Report PL 35-14; and 2. That any necessary by-law be presented for Council’s approval. Page 7 of 26 Regular Council Minutes June 09, 2014 - 7:00 PM

1. That Council approve site plan application (SP-03-14) subject to the conditions of approval contained in Section 8.0 of Planning Report, PL 36-14; 2. That the subject property presently owned by Mach 1 Oil Change be amalgamated with the adjacent ownership of Carwash Central Ontario Inc.; 3. That the lease between the Town and Carwash Central Ontario Inc. over part of the unopened and untravelled Willis Avenue being Part 1 on Plan 40R-20702 be terminated and replaced with an access agreement to be registered on title of the unopened road allowance and the subject property; 4. That Council grant an easement in favour of Carwash Central Ontario Inc. over Part 1 on a draft reference plan for the purpose of constructing a driveway to permit motor vehicles to exit the subject property without having direct access to Brock Street North; and, 5. That the Mayor and Clerk be authorized to execute any necessary documents.

That this report be received for information. Page 8 of 26 Regular Council Minutes June 09, 2014 - 7:00 PM

1. That Report CAO 6-14 of the Chief Administrative Officer be received for information; and 2. That the Chief Administrative Officer be requested to provide a detailed confidential memo to Council with respect to the issues of the Home Based Business on Hanover Court prior to the summer recess of Council.

1. That Council approve Whitby Harbour Day being held on Saturday, July 26, 2014 at Port Whitby Marina in partnership with the Whitby Yacht Club; 2. That Council approve the recommendations of the Whitby Harbour Day Committee of Council regarding the proposed activities for the 2014 Whitby Harbour Day as outlined in the Staff report; and, 3. That Council authorize Staff to request approval from the Region of Durham for the Town of Whitby to undertake a road closure on Brock Street South for the duration of the Dentistry on Dundas fireworks display. Page 9 of 26 Regular Council Minutes June 09, 2014 - 7:00 PM

1. That Community and Marketing Services Report CMS 27-14 regarding a partnership initiative between the Economic Development Division and Spark Centre, the regional innovation centre for Durham Region, be received as information; 2. That Council approve the establishment of an Incubator Accelerator Program co-sponsored through a partnership of the Economic Development Division and Spark Centre; 3. That the Economic Development Division and Spark Centre co- sponsored Incubator Accelerator Program be located at the Whitby Centennial Building; and, 4. That the Administration be directed to evaluate options for the reuse of the former Land Registry Office (400 Centre Street South) including but not limited to those uses that would advance economic development as outlined in the report and that staff report back to Council on the matter.

That the park block on Cachet Boulevard, currently under construction and planned to open in the summer of 2014 be named Pinecone Park.

1. That Council approve the revised location within Cullen Central Park for the Wounded Warriors Canada Park of Reflection as identified in Community and Marketing Services Report CMS 29-14; 2. That Council approve the detailed design of the Park of Reflection as Page 11 of 26 Regular Council Minutes June 09, 2014 - 7:00 PM submitted by Wounded Warriors Canada landscape architectural firm; 3. That Council authorize Wounded Warriors Canada to coordinate the selection and award of the project construction to a general contractor for the reasons outlined in the staff report; 4. That the general contractor chosen by Wounded Warriors be subject to the Town’s terms and conditions, including insurance requirements, as identified in the staff report; 5. That the Accessibility Advisory Committee (AAC) be provided with the opportunity to review the new concept drawings as presented by the Architect and that the input from the AAC be provided to Council prior to the next Regular Council Meeting scheduled for June 9, 2014; and, 6. That Council authorize construction of the Park of Reflection to commence this summer and that oversight be provided by Wounded Warriors Canada’s design consultant and the Parks Development Section of the Community and Marketing Services Department.

1. That Council approve the proposed conceptual design plans for the 2014 Trails as identified in Community and Marketing Services Report CMS 30-14; 2. That Council approve the comments outlined in the staff report related to fencing on Butterfly Court; Page 12 of 26 Regular Council Minutes June 09, 2014 - 7:00 PM 3. That the Town pay 100% of the cost of the wood screen fence, along the remainder of the west property line to the northwest corner of the house located at 10 Butterfly Court as a one-time expense; 4. That Staff be authorized to proceed with the detailed working drawings, specifications and tender documents for the 2014 Trail projects; and, 5. That the 2014 Trail projects be tendered and that Staff report back to Council with a recommendation of the preferred general contractor, construction timing and budget analysis.

1. That the Sports Facility Strategy Technical Background Report, appended as Attachment #1 to Community and Marketing Services Report CMS 31-14 be received for information; and, 2. That Council provide comments and directives on the Draft Technical Background Report prior to its final adoption.

That Council approve the proposed Adopt-a-Park Program and Policy attached to Community and Marketing Services and Public Works Departments Joint Report CMS 32-14.

1. That Council authorize the Town of Whitby to enter into a multi-year Operating Agreement with the Whitby Historical Society for the purpose of operating a history museum at the former Brock Street Activity Centre and the Lynde House as outlined in Community and Marketing Services Report CMS 33-14; 2. That Council approve the proposed terms and conditions to be included in the Operating Agreement with the Whitby Historical Society as outlined in the Staff Report; 3. That Council approve the transfer of the artifacts, records of interest and other collections in the ownership of the Whitby Historical Society to the Town of Whitby; and, 4. That the Mayor and Clerk be authorized to execute the Operating Agreement.

That Community and Marketing Services Department Report CMS 34- 14 regarding the new Canadian Anti-Spam Legislation be received as information.

1. That the Town of Whitby accept the low bid as received from 002274084 Ontario Ltd. o/a GMP Contracting Ltd. in the amount of $88,244.00 (plus applicable taxes) for all labour material and equipment necessary to complete the replacement of wood acoustic fence and installation of chain link fence adjacent to Town owned property at various locations within the Town of Whitby as required by the Town of Whitby; 2. That the total estimated project cost for the Town of Whitby in the amount of $108,621.49 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 bid of Suncor Energy Products Partnership in the amount of $1,329,810.60 (plus applicable taxes) for the supply and delivery of gas and diesel fuel for a one (1) year term; 2. That approval be granted to extend this contract for up to two (2) additional one year terms based to company’s satisfactory performance and budget approval in subsequent years; 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 bid as received from Sewer Technologies Inc. in the amount of $134,436.45 (plus applicable taxes) for all labour material and equipment Page 16 of 26 Regular Council Minutes June 09, 2014 - 7:00 PM necessary to complete the storm sewer inspection and assessment as required by the Town of Whitby; 2. That an over expenditure in the amount of $36,802.53 be approved and funded from the maintenance reserve; 3. That the total estimated project cost for the Town of Whitby in the amount of $146,802.53 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 bid of McLaren Press Graphics Ltd. in the amount of $22,506.80 (plus applicable taxes) for the supply and delivery of printing of the Community and Marketing Services Department Recreation Activity Guide and delivery to various distribution points; 2. That approval be granted to extend this contract for up to three (3) additional one (1) year terms based on the company’s satisfactory annual performance, quality of printing and budget approval in subsequent years; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

That Report No. CS 38-14 of the Commissioner of Corporate Page 17 of 26 Regular Council Minutes June 09, 2014 - 7:00 PM Services/Treasurer be received as information.

That Report No. CS 39-14 of the Commissioner of Corporate Services/Treasurer be received as information.

1. That the annual Statement of Development Charge Reserve Funds as at December 31, 2013 be received as information; and 2. That a copy of the Statement be forwarded to the Minister of Municipal Affairs and Housing.

That Report No. CS 41-14 of the Commissioner of Corporate Page 18 of 26 Regular Council Minutes June 09, 2014 - 7:00 PM Services/Treasurer identifying properties, as shown on Schedule A attached, that are currently eligible to be advertised for tax sale with a tentative tender closing date of November 26, 2014, be received as information.

1. That Report PW 16-14 be received as information. 2. That Council seek Provincial assistance for costs related to the December 2013 ice storm through the Ontario Ice Storm Assistance Program. 3. That Council authorize staff to submit an Expression of Interest to the Ontario Ice Storm Assistance Program. 4. That Council delegate to the Commissioner of Corporate Services/Treasurer the authority to submit claims to the Province relating to the Ontario Ice Storm Assistance Program on behalf of the municipality. 5. That staff develop a tree replacement strategy for those locations impacted by the 2013 ice storm for inclusion in future municipal budgets and undertake consultation with affected residents. 6. That Council request that the Ministry of Municipal Affairs and Housing extend the cut-off date for the Ontario Ice Storm Assistance Program to November 30, 2014. 7. That staff report to Council in September 2014 with a further status update on the ice storm impacts including costs and any applicable provincial funding.

1. That, notwithstanding the Purchasing Policy, Council authorize staff to sole source and retain GHD to undertake the West Whitby Major Roads Environmental Assessment Study, using the Integrated Approach with the Planning Act. 2. That Council approve a budget of $235,000 from the growth reserve fund and development charges for the West Whitby Major Roads Environmental Assessment Study. 3. That the Mayor and Clerk be authorized to execute the necessary contract documents.

1. That a by-law authorizing the 2014 Municipal Election Advance and Page 20 of 26 Regular Council Minutes June 09, 2014 - 7:00 PM Special Voting locations, dates and times included as Attachment 1 to this report be enacted; and 2. That the Town Clerk be authorized to take the necessary action to give effect thereto.

1. That the Terms of Reference for the 2014 Municipal Election Compliance Audit Committee, included as Attachment 1 to this report be adopted; 2. That the posting and selection process for the Compliance Audit Committee, included as Attachment 2 to this report be received; and 3. That the Town Clerk be given the authority to give effect thereto.

That Council adopt the proposed Property Standards By-law (Attachment 1).

That the recommendations in Item 2.1 as contained in the confidential minutes of the Management Committee held on May 20, 2014 be adopted.

1. That Council approve the addition of a new permanent position of Supervisor of Facilities - Mechanical Services within the Facilities Section of the Community and Marketing Services Department; 2. That the new position take effect on August 5, 2014; and, 3. That the financing of the new permanent position in 2014 be covered through staff vacancy savings within the Community and Marketing Services Department as outlined in the staff report.

That the rules of procedure be suspended in order to introduce a motion with respect to delaying the construction on Baldwin Street.

That the Ministry of Transportation be requested to delay the work on Baldwin Street until the bridge work on Anderson Street and Ashburn Page 23 of 26 Regular Council Minutes June 09, 2014 - 7:00 PM Road is complete and the roads reopened.

That leave be granted to introduce By-laws # 6868-14 to 6876-14, and to dispense with the readings of the by-laws by the Acting Deputy Clerk and that the same be considered read and passed and that the Mayor and 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 y-law by the Acting Deputy Clerk to confirm the Council of the Town of Whitby at its regular meeting held on June 9, 2014, and that the same be considered read and passed and that the Mayor and the Acting Deputy Clerk sign the same and Seal of the Corporation be thereto affixed.

That the meeting be adjourned.

That Report No. CS 20-14 of the Commissioner of Corporate Services/Treasurer is received as information.

That Report PW 19-14 regarding Public Works Asset Assumptions for January through December 2013, be received as information, and; 2. That staff continue to analyze the ongoing asset assumption information to determine resource requirements, and maintenance and capital programming needs for future Operating and Capital budgets.