Regular Council Meeting

That the minutes be adopted.

1. That Council approve the 2500564 Ontario Limited Draft Plan of Page 2 of 20 Regular Council Minutes February 20, 2018 - 7:00 PM Subdivision (File SW-2017-04) subject to the conditions of draft approval in Attachment #5 of Report Number PL 7-18; 2. That Council approve development plans for 2500564 Ontario Limited (Site Plan Approval Application File SP-08-17), subject to: a. The completion of revisions to the proposed plans as outlined in Report Number PL 7-18; and, b. The conditions of site plan approval set out in Attachment #10 of Report Number PL 7-18. 3. That a Zoning By-law Amendment to implement the draft plan and associated site plan be brought forward for Council’s approval; 4. That the Mayor and Clerk be authorized to execute any necessary documents; 5. That the Region of Durham Commissioner of Planning be advised of Council’s Decision; and, 6. That the Clerk forward notice to those parties and agencies who requested to be notified of Council’s decision.

1. That Whitby Town Council hereby declares their support for the application made by Brock Street Brewing Company, located at 244 Brock Street South, Whitby, for the issuance of a Manufacturer’s Limited Liquor Sales Licence (“By the Glass”) by the Alcohol and Gaming Commission of Ontario (AGCO); and, 2. That the Clerk provide written notice to the Alcohol and Gaming Commission of Ontario (AGCO) and Brock Street Brewing Company notifying them of Council’s resolution confirming its support.

1. That Council approve Amendment Number 109 to the Whitby Official Plan, as shown on Attachment #6, subject to the comments and conditions contained in Section 8 of Report Number PL 2-18; 2. That a By-law to adopt Official Plan Amendment Number 109 to the Whitby Official Plan be brought forward for consideration by Council; 3. That the Clerk forward a copy of Report Number PL 2-18, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Official Plan Amendment Number 109 to the Region of Durham’s Commissioner of Planning; 4. That a Zoning By-law amendment be brought forward for Council’s approval, subject to the approval of Amendment Number 109 to the Whitby Official Plan; 5. That Council approve the development plans for the subject lands (Site Plan Application SP-14-17) subject to: a. the adoption of Official Plan Amendment Number 109 (OPA-2016-W/07); b. the approval of the application to amend Zoning By-law 1784 (Z-24-16); c. the submission of revised plans and reports for review and approval by the Central Lake Ontario Conservation Authority; d. the completion of revisions to the proposed plans as outlined in Report PL 2-18; and, e. the conditions of approval set out in Attachment #9 of Report PL 2-18 and in the memo from Suzanne Beale, Page 4 of 20 Regular Council Minutes February 20, 2018 - 7:00 PM Commissioner of Public Works, dated February 1, 2018 including a 1m land conveyance to the Town of Whitby along the west property line; and, 6. That the M

1. That report CAO 05-18-Impact of Bill 148 be received for information; and, 2. That the Treasurer be directed to utilize one-time funds to offset the 2018 impact of Bill 148, enabling staff to continue to examine and implement mitigating strategies, including the identification of potential user-fee increases to offset these costs.

That the main motion be amended by adding the following as Items 3 and 4: 3. That the Province be requested to amend Bill 148 to reverse the unintended financial consequences on municipalities; and, 4. That a copy of this Resolution and Report CAO 05-18 be forwarded to the Premier, Minister of Finance and M.P.P. Coe. Page 5 of 20 Regular Council Minutes February 20, 2018 - 7:00 PM

That applications for cancellation, reduction, adjustment and/or refund of taxes be approved as listed in this report, in the amount of $6,046,770.90 for the taxation years 2006 to 2017 inclusive.

1. That Report CS 05-18 from the Commissioner of Corporate Services/Treasurer be received as information; and, 2. That Town staff will continue to report annually on the outstanding assessment appeals.

1. That Council provide pre-budget approval of the 2018 stormwater Management Pond Sediment Removal project in the amount of $1,688,500.00; 2. That the Town of Whitby accept the low bid as submitted from J. Kennedy Trenching & Excavating Ltd. o/a Durham Topsoil & Garden Supplies in the amount of $1,076,336.78 (plus applicable taxes) for Stormwater Management Pond Sediment Removal for the following ponds: PD02-01, PD03-02, PD47-01 & PD65-02 3. That the Town of Whitby accept the low bid as submitted from Ground Force Environmental Inc. in the amount of $694,805.29 (plus applicable taxes) for Stormwater Management Pond Sediment Removal for the following ponds: PD33-03 & PD48-01 4. That an additional budget request in the amount of $217,064.17 be approved and funded from Maintenance Reserves; 5. That the total estimated project cost in the amount of $1,905,564.17 be approved; and, 6. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the low tender bid of North America General Contractor Limited in the amount of $1,198,740.00 (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete the renovations to the former Land Registry Office as required by the Town of Whitby; 2. That an additional amount of $206,000 be approved for the project’s capital budget in order to fund the renovations to the former Land Registry Office; 3. That the total estimated contract amount of $1,349,837.82 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

That Report CS 09-18 of the Commissioner of Corporate Services/Treasurer be received as information.

1. That the Town of Whitby accept the low bid tender of bidder 1 Charles Jones Industrial Ltd. in the estimated annual amount of $105,800 (plus applicable taxes) for the supply and delivery of Page 9 of 20 Regular Council Minutes February 20, 2018 - 7:00 PM the following hardware and safety supplies: Tools and equipment, miscellaneous hardware, footwear, rainwear, gloves, miscellaneous safety, and confined space/fall arrest. 2. That the Town of Whitby accept the low bid tender of bidder 2 Safety Scope in the estimated annual amount of $9,200 (plus applicable taxes) for the supply and delivery of the following hardware and safety supplies: Head protection and eye/ear face protection; and, 3. That the total annual estimated project cost for the Town of Whitby in the amount of $117,024 be approved.

1. That Report LS 05-18 be received for information; 2. That Council approve funding from one-time reserves in the amount of $75,000.00 to install address signs on rural properties in the Town; 3. That Council approve annual funding in the amount of $2,500.00 to replace address signs that may be damaged through operational activities on rural properties in the Town; and, 4. That the Clerk be directed to bring forward a Property Numbering Bylaw in accordance with the recommendations contained in this report.

That Councillor Gleed be appointed Chair for Item 7.9 due to Mayor Mitchell's previously declared conflict of interest.

1. That Council approve the proposed fees for services and activities provided by the Legal and By-law Services Department as outlined within Report LS 07-18, save and except Items 12 and 13 in Section 4 pertaining to encroachments and annual encroachment fees respectively, which shall be

1. That the proposed design and renovations to address accessibility within the Council Chambers be approved as outlined in Attachment No. 1; 2. That the Council Chambers renovations project be

1. That Public Works Report PW 3-18 on the condition and status of the current existing infrastructure assets be received for Information; 2. That Council endorse the following recommendations as highlighted in Section 4 of this report: a. To continue to develop robust condition assessment programs, for all asset categories, on a pre-determined schedule to keep data current and accurate; b. To continually research new technologies/available preventative maintenance and rehabilitation strategies to minimize life cycle costs; c. To review the high priority projects identified within the MAMP and incorporate them into the Capital Budget/Forecast on an annual basis; d. To review asset management software needs and Page 12 of 20 Regular Council Minutes February 20, 2018 - 7:00 PM implement a solution to provide efficiencies; and, e. To update the MAMP and report to Council on an annual basis. In addition, future phases of the MAMP should include: Phase II (2018-2019) f. To develop quantifiable relationship matrices between major capital infrastructure and future operating costs to aid in managing long term sustainability of public assets; g. To incorporate the future near term assumption of assets from planned growth and Development Charges Study into the next phase of the MAMP (e.g. West Whitby); h. To incorporate the findings of the long term financial strategy into the MAMP; and, i. To develop an Asset Management Policy and Governance. Phase III (2019-2020) j. To incorporate al

That Report PW 8-18 be received as information.

Whereas public libraries provide safe, inclusive, and vibrant community hubs where residents of all backgrounds are welcome to learn, work, innovate, explore, connect, and collaborate; And whereas the Whitby Public Library works closely with the community to deliver valued services and contributes to a culture of social good by sharing knowledge and resources; And, whereas the Whitby Public Library continues to be a catalyst for Whitby residents and organizations to pursue their goals and dreams and reach their potential by connecting them with the expertise and resources they need, and transforms information into knowledge that positively impacts their lives; And whereas the Whitby Public Library continues to manage public resources with the utmost care and is committed to the sustainability of its services; And whereas the Whitby Public Library continues to deliver services that support provincial initiatives, such as poverty reduction, lifelong learning and skill development, local economic development, health literacy, and provides equitable access to provincial government web sites and services; Therefore Be It Resolved: 1. That the Town of Whitby urges the Province of Ontario to recognize the contribution of local libraries within their communities and to cease the 20 year budget freeze to local public libraries in an acknowledgement of the services they offer to all residents; 2. That the Town of Whitby urges the Province of Ontario to reinstate adequate and appropriat

1. That staff report back to the Operations Committee on when enforceable parking restrictions could be put in place for Whitby Shores Public School along Whitby Shore Greenway and / or Topsail avenue; and, 2. That staff look at restrictions for this area related to arrival and dismissal times for the Whitby Shores Public School.

1. That Staff engage the Downtown Whitby Business Improvement Area (BIA) as the lead, in consultation with the Downtown Whitby Development Steering Committee (DWDSC), to assist in identifying a community organization that will partner with the Town to develop a Downtown Whitby Walk of Fame; and, 2. That Staff report back on partnership opportunities identified by the Downtown Whitby BIA and DWDSC and operational and financial considerations (including staff time) associated with creating and maintaining a Walk of Fame.

Whereas a coalition of the Municipal Engineers Association (MEA) and the Residential and Civil Construction Alliance of Ontario have successfully applied to have a review of the Municipal Class Environmental Assessment process conducted under Part IV (Section 61) of the Environmental Bill of Rights Act, 1993 (EBR Act); And whereas impact studies and public meetings required by the MCEA process often take two years or more to complete before construction can commence; And whereas the MCEA requirements to evaluate alternatives are often not well aligned with prior or municipal land use planning decisions; And whereas analysis by the Residential and Civil Construction Alliance of Ontario (RCCAO) has demonstrated that the time to complete an EA rose from 19 months to 26.7 months and costs went from an average of $113,300 to $386,500; And whereas the Auditor General of Ontario has

1. That Council authorize the Clerk to bring forward the enabling by- law which authorizes the Town’s authority to enter into an agreement with the MTO; 2. That the Mayor and Clerk be authorized to execute the Page 17 of 20 Regular Council Minutes February 20, 2018 - 7:00 PM agreement to accept OMCC funding from the Province of Ontario in order to construct commuter cycling infrastructure; and, 3. That the Treasurer be directed to open a dedicated bank account to receive and track OMCC funding as outlined in the requirements of the program by the Province of Ontario.

That leave be granted to introduce By-law # 7366-18 to # 7372-18 and to dispense with the reading of the by-laws by the Clerk and that the same be considered read and passed and hat 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 February 20, 2018 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.