Regular Council Meeting

That the Regular Council minutes of April 6, 2020 and the Special Council minutes of May 4, 2020, May 7, 2020 and May 11, 2020 be adopted.

1. That Council consider Zoning By-law Amendment Application (Z- 05-20) for the removal of the Holding (H) symbol; and, 2. That Council support the removal of the Holding (H) symbol and a Zoning By-law be brought forward for Council’s consideration.

That the main motion be amended to add the following as Item 3: That the conditions to the Site Plan Agreement and Land Division Application include the conditions contained in the Memorandum to Council from the Commissioner of Planning and Development dated May 13, 2020, and subject to consultation about the Site Plan with the Active Transportation and Safe Roads Advisory Committee and the Accessibility Advisory Committee.

That the main motion be amended to add the following as Item 4: That Council rescind delegated authority for site plan approval for the development.

1. That Council consider Zoning By-law Amendment Application (Z- 05-20) for the removal of the Holding (H) symbol; 2. That Council approve the removal of the Holding (H) symbol and a Zoning By-law be brought forward for Council’s consideration; 3. That the conditions to the Site Plan Agreement and Land Division Application include the conditions contained in the Memorandum to Council from the Commissioner of Planning and Development dated May 13, 2020, and subject to consultation about the Site Plan with the Active Transportation and Safe Roads Advisory Committee and the Accessibility Advisory Committee; and, 4. That Council rescind delegated authority for site plan approval for the development.

That Council approve the request for a variance to the Town of Whitby Permanent Sign By-law # 7379-18 for St. John’s Anglican Church, located at 150 Victoria Street East.

That Council deny the request for a variance to the Town of Whitby Permanent Sign By-law # 7379-18 for A&W, located at 1208 Dundas Street East.

1. That Council approve the proposed Draft Plan of Subdivision (File SW-2018-02), subject to the comments included in Planning Report PL 16-20 and the Conditions of Draft Approval included in Attachment # 9; 2. That the Region of Durham Commissioner of Planning and Development be advised of Council’s decision; 3. That Staff be authorized to prepare a Subdivision Agreement; 4. That Williams and Stewart Associates be appointed as the Control Architect for the Draft Plan of Subdivision; 5. That the Clerk forward a Notice to those parties and agencies that requested to be notified of Council’s decision; 6. That Council approve an amendment to Zoning By-law 1784 (File Z-10-18), as outlined in Planning Report PL 16-20; and, 7. That a By-law to amend Zoning By-law 1784 be brought forward for consideration by Council.

1. That Council approve the proposed Draft Plan of Subdivision (File SW-2018-02) subject to the comments included in Planning Report PL 16-20, including the revised Attachment 7 included in the May 15, 2020 memorandum from the Commissioner of Planning and Development, and the Conditions of Draft Approval included in Attachment # 9; 2. That the Region of Durham Commissioner of Planning and Development be advised of Council’s decision; 3. That Staff be authorized to prepare a Subdivision Agreement; 4. That Williams and Stewart Associates be appointed as the Control Architect for the Draft Plan of Subdivision; 5. That the Clerk forward a Notice to those parties and agencies that requested to be notified of Council’s decision; 6. That Council approve an amendment to Zoning By-law 1784 (File Z-10-18), as outlined in Planning Report PL 16-20; and, 7. That a By-law to amend Zoning By-law 1784 be brought forward for consideration by Council.

1. That Council approve the proposed Draft Plan of Subdivision (File SW-2018-04), subject to the comments included in Planning Report PL 17-20 and the Conditions of Draft Plan Approval included in Attachment # 7; 2. That Staff be authorized to prepare a Subdivision Agreement; 3. That the Region of Durham Commissioner of Planning and Economic Development be advised of Council’s decision; 4. That Williams and Stewart Associates be appointed as the Control Architect for the Draft Plan of Subdivision; 5. That the Clerk forward a Notice to those parties and agencies that requested to be notified of Council’s decision; 6. That Council approve an amendment to Zoning By-law 1784 (File Z-20-18), as outlined in Planning Report PL 17-20; and, 7. That a By-law to amend Zoning By-law 1784 be brought forward for consideration by Council.

1. That Council approve an amendment to Zoning By-law 1784 (Application # Z-20-19) to permit a warehouse and distribution centre with associated offices at 4680 Garrard Road; and, 2. That a By-law to amend Zoning By-law 1784 be brought forward for consideration by Council.

That the main motion be amended to add the following as Item 3: That Council rescind delegated authority for site plan approval for the development.

1. That Council approve an amendment to Zoning By-law 1784 (Application # Z-20-19) to permit a warehouse and distribution centre with associated offices at 4680 Garrard Road; 2. That a By-law to amend Zoning By-law 1784 be brought forward for consideration by Council; and, 3. That Council rescind delegated authority for site plan approval for the development.

1. That Council receive CMS Report 02-20 Recreation Fee Assistance Program for information; and, 2. That Council approve revisions to the Recreation Fee Assistance Program Policy F 210 (Attachment 1).

That application for cancellation, reduction, adjustment and/or refund of taxes be approved as listed in this report, in the amount of $1,092,737.95 for the taxation years 2002 to 2019 inclusive.

That Report No. CS 07-20 of the Commissioner, Corporate Services & Treasurer be received for information.

1. That the Town of Whitby accept its portion of the low tender of K+S Windsor Salt Ltd. in the estimated amount of $2,521,785.00 (excluding taxes) for a three (3) year term for the supply of sodium chloride; 2. That approval be granted for the option to extend the contract for two (2) additional one (1) year term(s) based on satisfactory performance, product quality, acceptable proposed pricing for years four (4) and five (5) and budget approval; 3. That the total estimated project cost for the Town of Whitby in the amount of $2,566,168.41 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

That report CS 23-20 of the Commissioner of Corporate Services/Treasurer be received as information.

That Council endorse the “Councillors in the Classroom” Grades 5 and 10 Engagement Program and direct Staff to proceed with establishing the program.

That Council receive Report CLK 04-20 for information.

1. That Council endorse the organizing of a car parade to show support for front line health care workers at Lakeridge Health Whitby; and, 2. That Staff be directed to assist in organizing the proposed car parade.

1. That the Town of Whitby accept the low bid as submitted by Hastings Utilities Contracting Ltd. in the amount of 205,754.00, (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete streetlight installations at various locations as required by the Town of Whitby; 2. That the Total Project Cost of $350,000.00 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 bid as submitted by IPAC Paving Limited in the revised amount of $2,715,919.75, (plus Page 16 of 24 Regular Council Minutes May 19, 2020 - 7:00 PM applicable taxes) for all labour, materials, equipment and supervision necessary to complete the Urban Road Resurfacing and Overlay Contract as required by the Town of Whitby; 2. That the Total Project Cost of $3,650,000.00 be approved; 3. That the provisional streets, Renfield Crescent and Jacob Drive, be removed from this tender and be re-budgeted in 2021; 4. That Council approve the addition of the toplift of asphalt for Rossland Road West (Lake Ridge Road to the Canadian Pacific Railway Bridge) to the Urban Road Resurfacing and Overlay Contract; and, 5. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the low bid as submitted by Miller Paving Limited in the amount of $353,509.75 (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete surface treatment and slurry seal as required by the Town of Whitby; 2. That the Total Project Cost of $384,566.04 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

Page 17 of 24 Regular Council Minutes May 19, 2020 - 7:00 PM 1. That report CS 17-20 be received for information; 2. That the Development Charge Annual Installment Payments Policy included in Attachment 2 of the report be approved; 3. That the Timing of Development Charge Calculation Policy included in Attachment 3 of the report be approved; 4. That the Development Charge Interest Policy included in Attachment 4 of the report be approved; and, 5. That Staff review opportunities to offer non-statutory Development Charge exemptions through other avenues (e.g. Community Improvement Plan, grant-in-lieu program, etc.) given the proposed removal of non-statutory Development Charge exemptions from the Development Charge By Law in the next update.

That report CS 25-20 be received for information.

That Public Works Report PW 12-20, Fleet Strategic Master Plan be received as information.

1. That Report PW 15-20 on the Whitby Coastal Flood Hazard Assessment Report be received for information; 2. That a copy of the Final Draft Report be forwarded to the Central Lake Ontario Conservation Authority (CLOCA), Region of Durham, and the Ministry of Environment Conservation and Parks for their comment; 3. That the Final Whitby Coastal Flood Hazard Assessment Report, be filed in accordance with the Municipal Class EA process and be made available for agency and stakeholder use; and, 4. That Staff further develop implementation plans and costs associated with the recommendations for inclusion into future work plans and budgets for Council’s consideration.

Page 19 of 24 Regular Council Minutes May 19, 2020 - 7:00 PM 1. That Council receive Staff Report CAO 12-20 - Subsidized Backyard Tree Planting Program for Information; and, 2. That Council direct Town Staff to enter into a program agreement with the Region of Durham, LEAF and participating local area municipalities to deliver the backyard tree planting program in 2020, with terms and conditions satisfactory to the CAO, Commissioner of Corporate Services and the Commissioner of Legal Services.

1. That the tax rates for the year 2020 General Municipal Town Levies be approved as per Bylaw 7624-20; 2. That the tax rates for the year 2020 Downtown Whitby Business Improvement Area (BIA) Tax Levies be approved for the properties located within the BIA district as indicated in Bylaw 7631-20; 3. That the tax due dates for the final tax bills for the Residential, Farmland, Pipeline and Managed Forest tax classes be July 24, 2020 and September 24, 2020; Page 20 of 24 Regular Council Minutes May 19, 2020 - 7:00 PM 4. That the Treasurer be authorized to set the appropriate due dates for the capped tax classes (Commercial, Industrial and Multi- Residential) once all billing factors are known; 5. That the due dates for the capped tax classes, as mentioned above, will be effective for both the General Municipal Town Levies and also for the BIA Tax Levies; and 6. That a Bylaw be brought forward to set the Town of Whitby due dates and levy rates for 2020 in accordance with the approved budgets and regulations for both the General Municipal Town Levies and BIA Tax Levy purposes.

1. That Council refer to the By-laws portion of the agenda and enact the amendment to Procedure By-law # 7462-18 to allow for electronic participation at Council and Committee meetings during a pandemic, in addition to during a declared state of emergency; and, 2. That the Minister of Municipal Affairs be requested to remove the limitations associated with Members' electronic participation outside of a declared state of emergency so that they count towards quorum and can participate in meetings closed to the public.

That leave be granted to introduce By-laws # 7624-20 to # 7632-20 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 a by-law and to dispense with the Page 23 of 24 Regular Council Minutes May 19, 2020 - 7:00 PM 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 May 19, 2020 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 Item 1 of the main motion be amended by adding the following after 'PL 16-20' and before 'and the conditions of Draft approval included in Attachment # 9': including the revised Attachment 7 included in the May 15, 2020 memorandum from the Commissioner of Planning and Development