Regular Council Meeting

That the order of the agenda be changed to receive the Whitby and Brooklin Legion Remembrance Day Colour Guard, listed as Item 3.1 on the agenda, at this time. Regular Council Minutes October 30, 2017 - 7:00 PM

That the minutes be adopted.

That the rules of procedure be suspended to allow the introduction of a motion pertaining to the request from Grandview Children's Centre for a donation of funds from the Town.

That the request for donation to the Grandview Children's Centre Capital Project of $120,000 over the next five years be

That the site alteration plans for 450 Myrtle Road West (Site Plan Application – SP-18-17) not be approved.

1. That the document entitled “De-listing Properties from the Municipal Heritage Register” in Attachment #1 to Report PL 82- 17 be endorsed as the process to consider requests for removal of properties from the municipal heritage register; and, 2. That MD-2258 be removed from the new and unfinished business list.

1. That Report No. PL 83-17, Downtown Whitby Action Plan Update, be received for information; 2. That staff report semi-annually on the progress of the Downtown Whitby Action Plan; and, 3. That MD – 3720 be removed from the new and unfinished business list.

1. That Amendment 108 to the Whitby Official Plan, for the Proposed Brooklin Secondary Plan, as shown on Attachment #1 be adopted by by-law save and except Sections 11.5.25.5 (a) and 11.5.31.2; 2. That the Clerk forward to the Region of Durham, within fifteen days of adoption of Amendment 108 to the Whitby Official Plan, the necessary documentation for a non-exempt Official Plan Amendment; 3. That the Clerk send a Notice of Council’s adoption of Amendment 108 to those persons and agencies who have requested further notification regarding the Brooklin Study; and, 4. That, in accordance with Section 26(7) of the Planning Act, the Region of Durham be advised that Official Plan Amendment 108, a. conforms with provincial plans or does not conflict with them; b. has regard to matters of Provincial interest; and. c. is consistent with the 2014 Provincial Policy Statement.

That Sections 11.5.25.5 (a) and 11.5.31.2 of Amendment 108 to the Whitby Official Plan, for the Proposed Brooklin Secondary Plan, be adopted by by-law.

1. Council receives for information purposes the Long Range Financial Plan Forecast: Draft Results Summary from the Commissioner of Corporate Services; 2. That Council's feedback is incorporated into the final Long Range Financial Plan Forecast final report; and, 3. That Staff bring back the final report to Council for consideration at the December 4, 2017 Operations Committee meeting.

1. That Council approve the proposed design for the Operations Centre Phase 1 expansion plan (See Attachment 1), as outlined in Report PW 24-17 and illustrated in Attachments 2, 3 and 4; 2. That staff be authorized to continue to refine the design and proceed with the detailed working drawings and tender documents; and, 3. That the project be tendered and that staff report back to Council with a recommendation of the preferred contractor, construction timing and budget analysis.

1. That Council approve the Boards and Committees Policy as shown in Attachment #1 appended to this report, and that the former Boards and Advisory Committees of Council Policy be repealed; 2. That Council approve the amended Terms of References for the following boards and committees, appended as Attachment #2 to this report: a. Accessibility Advisory Committee; b. Active Transportation & Safe Roads Advisory Committee; c. Animal Services Appeal Committee; d. Brooklin Downtown Development Steering Committee, with changes to Membership and Composition to come into effect December 1, 2018; e. Committee of Adjustment; f. Community Connection Executive Board of Directors; g. Ethno-cultural & Diversity Advisory Committee; h. Grants Review Committee; i. Groveside Cemetery Board; j. Heritage Whitby Advisory Committee (formerly LACAC Heritage Whitby); k. Property Standards Appeal Committee; l. Road Watch Committee; m. Whitby Community Beautification Committee (formerly the Whitby in Bloom Committee); n. Whitby Seniors’ Services Committee; o. Whitby Sustainability Advisory Committee; and, p. Whitby Youth Council. 3. That the Commissioner of Community and Marketing Services, Commissioner of Corporate Services, and the Clerk be directed to review the Terms of Reference for the Spencer and Ashburn Community Centres and bring them forward at a later date; 4. That the Clerk be authorized to bring forward a by-law to repeal and replace By-law # 6180-09 to rename and adopt the Terms of Refer

1. That the Town of Whitby accept the low compliant tender bid of Canada Clean Fuels Inc. in the estimated amount of $2,782,236.00 (plus applicable taxes) for the supply and delivery of gas and diesel fuel for the three (3) year term; 2. That approval be granted to extend this contract for up to two (2) additional years based on the company’s satisfactory performance and budget approval in subsequent years; and, Page 11 of 24 Regular Council Minutes October 30, 2017 - 7:00 PM 3. That the Mayor and Clerk be authorized to execute the contract documents

1. That flexible in-street signage and bollards, line painting and No Stopping signage, be installed on Scott Street, within the school zone adjacent to Dr. Robert Thornton Elementary Public School; 2. That Council approve the proposed amendment to the Traffic By- law 1862-85 to incorporate the following change to Schedule “A”, Stopping restrictions on the east and west side of Scott Street between Manning Road to 170m south of Hazelwood Drive Identified in Attachment C of Report PW 28-17; 3. That Council authorize the Clerk to bring forward an amending By-law to By-law 1862-85, for Council approval; 4. That staff review opportunities in 2018 to repurpose an existing school crossing guard and relocate to the subject school site; and, 5. That a copy of the Report PW 28-17 be provided to the Durham District School Board and Durham Student Transportation Services.

1. That Report CS 85-17 from the Commissioner of Corporate Services/Treasurer be received as information; and, 2. That the 2018 grant request funding outlined in the report be included for consideration in the 2018 Budget Target Report.

1. That the Town of Whitby accept the highest scoring proposal as submitted by Moriyama and Teshima Architects (MTA) in the amount of $211,716.00 (excluding applicable taxes) for the Municipal Headquarters Needs Analysis and Master Plan project; 2. That the total estimated project cost in the amount of $225,442.19 be approved; 3. That an additional $175,442.19 of budget be funded from the Corporate Development Reserve; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That report PW 25-17 titled Fleet Maintenance Operational Study – Final Report be received as information; 2. That the staffing recommendations outlined in the report be

1. That the Chief Administrative Officer’s Report CAO 07-17 – Corporate Strategic Plan be received for consideration; 2. That Council approve the commencement of a process to create and implement a new Corporate Strategic Plan; 3. That Council approve securing, Peter Spratt, of Collins Barrow Durham Consultants Inc., to assist the Town in the creation of the new Corporate Strategic Plan; 4. That Council Approve an amount up to $50,000.00 as a retainer for the Consultant to initiate the planning process of the Strategic Plan, with the source of funding to be determined at the discretion of the Commissioner of Corporate Services; and, 5. That Council approve the timing of commencing the process of developing a Corporate Strategic Plan to begin in October, 2017.

That Report CAO 15-17 be received for Information.

That Council approve the “Construction Site Fire Protection Policy” attached to Report No. LS 17-17.

1. That Council receive Report FR 10-17 for information; 2. That Council direct staff to proceed with the public education initiatives identified in Section 5 of this report; and, 3. That the Clerk be directed to bring forward a by-law to amend the provisions of Accessory Apartment By-law #6322-10.

That Council receive as information an update on the progress of the implementation of recommendations from the 917 Dundas Street West fire Coroner's Inquest.

1. That Council approve the proposed fees as outlined in Page 16 of 24 Regular Council Minutes October 30, 2017 - 7:00 PM Attachment 1 – with Recreation and Parks fees being effective March 26, 2018 to March 24, 2019 and Port Whitby Marina fees being effective February 15, 2018 to February 14, 2019; 2. That the Clerk be directed to include the proposed fees as Schedule J – Recreation, Schedule K – Port Whitby Marina, and Schedule L – Park Features, forming part of By-law XXXX-17 (Consolidated Fees and Charges By-law) as amended; and to authorize the Clerk to bring into effect the By-law as amended with the effective dates listed; and, 3. That staff report back to Council regarding proposed fees for Arena Ice/Floor Rentals for 2018/2019 and Banquet Hall and Facility Rentals for 2019/2020.

1. That the Chief Administrative Officer’s Report CAO 14-17 pertaining to the planned expansion of the Durham Region Whitby Water Supply Plant be received for information; and, 2. That the Clerk forward a copy of Chief Administrative Officer’s Report CAO 14-17 to the Clerk and Commissioner of the Public Works Department at the Regional Municipality of Durham.

Whereas amendments to the Municipal Act, 2001 through Bill 68, Modernizing Ontario’s Municipal Legislation Act, provide that on January 1, 2018 a member of Council, of a local board or a committee of either of them, can participate electronically in a meeting which is open to the Page 17 of 24 Regular Council Minutes October 30, 2017 - 7:00 PM public; Now Therefore be it Resolved: That the Clerk be directed to report to the December 4, 2017 Operations Committee with an information report that includes a cost estimate and timeline to implement audio only (not video) electronic participation in Council Chambers, consideration of how electronic participation could impact the operation and flow of meetings, and associated procedural considerations

That the Town Clerk be directed to report back with opportunities to implement a program to register resident and community associations with the Town for public and corporate reference, and for such associations to receive notification of municipal issues and public meetings which may be relevant to them.

That the Centennial Building be renamed the Bobby Attersley Building. Page 18 of 24 Regular Council Minutes October 30, 2017 - 7:00 PM

Whereas the Government of Canada introduced legislation to legalize and regulate recreational cannabis in Canada starting July 1, 2018; Whereas the Province of Ontario released their Plan to Regulate Legalized Cannabis and Ontario’s Cannabis Retail and Distribution Model on September 8, 2017; Whereas the Province intends to consult with various organizations, including municipalities, regarding the legalization of cannabis and the location of provincially-operated cannabis retail stores; Whereas The Regional Municipality of Durham adopted Resolution 2017-606 on October 11, 2017 recommending that the Region work with all lower tier municipalities to create a single by-law related to recreational cannabis; and, Whereas Region staff will also be reporting back to Regional Council on the ability to create a surtax on the sale of cannabis products, to offset the education and safety costs related to the use of cannabis. Now Therefore the Council of The Corporation of the Town of Whitby hereby directs that: 1. Staff report back on the Province’s proposed cannabis retail and distribution model and the impact it may have on the Town; 2. Staff collaborate with the Region with respect to a Region-wide response to recreational cannabis and retail stores, and report Page 19 of 24 Regular Council Minutes October 30, 2017 - 7:00 PM back to Council with respect to the Region’s proposed by-law and the Region’s potential for a surtax on recreational cannabis sales; and, 3. The applicable fede

Whereas Ontarians identify infrastructure and transit as the biggest problems facing their municipal government and Ontarians already pay the highest property taxes in the country; Whereas municipalities have limited authority to make changes that are needed to reduce the cost of delivering municipal services and financing infrastructure projects; Whereas a ten-year projection (2016-2025) of municipal expenditures against inflationary property tax and user fee increases shows there to be an unfunded average annual need of $4.9 billion to fix local infrastructure and provide for municipal operating needs; Whereas this gap calculation presumes all existing and multi-year planned federal and provincial transfers to municipal governments will be fulfilled; Whereas each municipal government in Ontario faces unique issues, fiscal health is a challenge shared by all municipal governments, regardless of size; Whereas diversifying municipal revenues strengthens municipal long- term infrastructure planning and financing and would reduce the vulnerability of municipal governments to any federal or provincial changes and their own respective fiscal health; and, Page 20 of 24 Regular Council Minutes October 30, 2017 - 7:00 PM Whereas a 1% increase to the provincial portion of the HST, adjusted for low income rebates, would result in about $2.5 billion in new revenue would be distributed equitably to help every municipal government in Ontario fund their infrastructure and services with gre

Whereas the Permanent Sign By-law does not currently permit projecting signs; Whereas the historic look and feel of projecting signs is complimentary to the downtowns; Whereas internally illuminated signs and electronic signs of all types do not support the vision of historic downtowns; Whereas in the interest of supporting downtown businesses, internally illuminated signs and electronic signs which currently exist should be permitted to remain in place until such time as they are modified or replaced. Now Therefore the Council of The Corporation of the Town of Whitby hereby directs that: 1. The Commissioner of Legal and By-law Services/Town Solicitor Page 21 of 24 Regular Council Minutes October 30, 2017 - 7:00 PM and the Commissioner of Planning and Development be directed to report back to Council on amendments to the Permanent Sign By-law to allow projecting signs, and prohibit new internally illuminated signs and electronic signs within the downtown areas of Whitby; and, 2. That the Downtown Whitby BIA and the Heritage Whitby Advisory Committee be consulted as part of the process.

That leave be granted to introduce By-laws # 7327-17 to # 7332-17 and By-law # 7334-17, and to dispense with the reading 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 By-law # 7333-17 and to dispense with the reading of the by-law 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 October 30, 2017 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 a Zoning By-law Amendment to remove the ‘H’ Holding symbol on the subject land (Application Z-11-17) be brought forward for Council’s approval; 2. That Council approve development plans for the subject land (Site Plan Application SP-13-17) subject to: a. the completion of revisions to the proposed plans as outlined in Report PL 81-17; and, b. the conditions of approval set out in Attachment #7 of Report PL 81-17; and, 3. That the Mayor and Clerk be authorized to execute the Site Plan Agreement.