Regular Council Meeting

That the minutes be adopted.

That the rules of order be suspended to permit the delegation from Michael Lipkus of IBI Group.

A motion to suspend the rules of procedure in order to lift Planning Report PL 65-13 from the Planning Committee

That Correspondence Item 5.1, from Michael Lipkus, Planning Consultant, IBI Group Canada dated June 18, 2013 be received and

That the requests for proclamations for Franco-Ontarian Day - September 25, 2013 and World Diabetes Day - November 14, 2013; and the flag raising request for Franco-Ontarian Day - September 25, 2013 - October 2, 2013 be endorsed.

1. That Zoning Amendment Application file Z-22-06, and Site Plan Application files SP-50-06, SP-33-07, SP-37-08 and SP-17-09 be closed; and, 2. That all applicants, agencies and interested parties be advised of the closure of the files.

1. That Council approve Site Plan Application (SP-08-13); and, 2. That the Mayor and Clerk be authorized to execute the Site Plan Agreement.

1. That Planning Department Report PL 66-13 pertaining to the review of Schedule “10” to By-law No. 5545-04, being the section of the business licensing by-law relating to refreshment vehicles be Page 7 of 33 Regular Council Minutes June 24, 2013 -7:00 PM received as information; 2. That Staff be directed to undertake a full public consultation process, including consultation with the downtown businesses, Whitby Chamber of Commerce, Whitby Downtown Development Steering Committee and the Brooklin Downtown Development Steering Committee; Durham Region Health Department; Durham Region Police Services; and, 3. That the amendments to the Bylaw outlined in the Staff Report PL 66-13 be presented as options during the consultation process.

1. That Planning Report Item PL 67-13 regarding the Heritage Permit and Delegation process be received as information; 2. That public notice of intention of the passing of the by-law be provided prior to consideration by Council; and, 3. That a by-law implementing the Heritage Permit and Delegation process be prepared and presented to Council for consideration.

1. That Council approve the removal of the „H‟ Holding Symbol from Lots 1-94, Blocks 95-98, 104-109, 119, and 122 on Plan 40M-2448, subject to the conditions contained in Section 8.0 of Planning Report No. PL 68-13; and, Page 8 of 33 Regular Council Minutes June 24, 2013 -7:00 PM 2. That the amending Zoning By-law to remove the „H‟ Holding Symbol be brought forward for Council‟s approval.

1. That Council approve the Accessibility Plan 2013 – 2015 as attached to Planning Report Item 69-13; 2. That copies of the Accessibility Plan 2013 – 2015 be made available at the Town Hall, and all Community Centres, and branches of the Whitby Public Library and Recreation Facilities in the Town; 3. That the Town Clerk provide a copy of the Accessibility Plan 2013 – 2015 to the Director of the Accessibility Directorate at the Ministry of Economic Development, Trade and Employment; Director of Compliance Standards, Ministry of Economic Development, Trade and Employment; and the Ministry of Municipal Affairs and Housing; and, 4. That the Town Clerk provide a copy of the Accessibility Plan 2013 – 2015 to members of the Accessibility Advisory Committee (AAC); the Accessibility Working Committee (AWC); and neighbouring Municipalities.

Page 9 of 33 Regular Council Minutes June 24, 2013 -7:00 PM 1. That Council approve the Accessibility Audit Implementation Plan 2013 - 2015; and, 2. That the 2013 Projects be funded by the Accessibility Reserve.

1. That Council approve the request to remove a site plan agreement from the title of 2099 Victoria Street East; and, 2. That Metrolinx be responsible for all fees associated with the removal of the agreement.

1. That Council approve Zoning By-law Amendment Application (Z-24- 12) to amend Zoning By-laws 2585 and 1784 subject to the comments and conditions in PL 72-13; and, 2. That a By-law to amend Zoning By-law 2585 and 1784 be brought forward for Council‟s consideration.

1. That Council approve the numbers and locations of the benches as shown on Attachment No. 1; and, 2. That Staff be authorized to negotiate directly with Maglin Site Furniture for the supply and delivery of 10 benches (model MLB300MH Attachment No. 2).

1. That residents adjacent to the development (west side of Harris Street) be notified of the application and that public comments be Page 11 of 33 Regular Council Minutes June 24, 2013 -7:00 PM received at the Council meeting of June 24th, 2013 sitting as Committee of the Whole; 2. That Council approve Site Plan Application (SP-04-11) subject to the Conditions of Approval contained in Section 8.0 of Planning Report No. PL 74-13; and, 3. That the Mayor and Clerk be authorized to execute the Site Plan Agreement.

1. That Council approve site plan application SP-11-13 subject to the conditions of approval contained in Section 8.0 of Planning Report, PL 76-13; and, 2. That the applicant execute a letter of undertaking to the satisfaction of the Town and provide the prescribed fee.

That Report No. 03-13, regarding Whitby Fire and Emergency Services - 2012 Annual Report, dated June 17, 2013, be received as information.

That Council approve the proposed designs of the new Park Identification sign and the QR Code Vignette sign for Intrepid Park as set out in Community and Marketing Services Department Report CMS 36-13.

1. That Council approve the two (2) off leash dog park designs appended as Attachments No. 2 and No. 3 to Community and Marketing Services Report CMS 37-13; 2. That Staff be authorized to proceed with the detailed working drawings, specifications and tender documents for the off leash dog parks; 3. That the off leash dog parks project be tendered and that Staff report back to Council with a recommendation of the preferred general contractor, construction timing and budget analysis; 4. That Staff report back to Council regarding the terms of a lease agreement with the Central Lake Ontario Conservation Authority for the two (2) off leash dog park sites; and, 5. That Council request the Central Lake Ontario Conservation Authority Board to defer the establishment of pay and display parking for the off leash dog park site to be located within the Heber Down Conservation Area until such time as the main valley parking lot is relocated to the area. Page 13 of 33 Regular Council Minutes June 24, 2013 -7:00 PM

1. That Council approve the proposed playground design concept for Duggan Park as identified in Community and Marketing Services Department Report CMS 38-13; 2. That Staff be authorized to proceed with the detailed working drawings, specifications and Request for Proposal (RFP) for the playground project; and, 3. That Staff report back to Council with a recommendation of the preferred general contractor, construction timing and budget analysis.

1. That Community and Marketing Services Department Report CMS 39-13 regarding smoke-free outdoor places be received as information; 2. That Council direct the review of smoke-free outdoor places to Town of Whitby owned and leased/operated (for municipal purposes) properties; 3. That Council direct staff to undertake a community engagement and consultation process including conducting a Public Information Centre, a resident survey, and focus groups with community stakeholders including but not limited to services clubs, minor sports Page 14 of 33 Regular Council Minutes June 24, 2013 -7:00 PM organizations, Committees of Council, among others, pertaining to smoke-free outdoor public places; and, 4. That Staff report back to Council with a summary of the community and stakeholders engagement feedback and policy/by-law recommendations.

1. That Council endorse the „Summer Whitbylicious‟ culinary event being coordinated by Whitby restaurants to run from July 5 to July 21, 2013; 2. That Council support the „Summer Whitbylicious‟ culinary event through the promotional efforts outlined in Community and Marketing Services Department Report CMS 41-13; and, 3. That Council provide its endorsement and municipal promotional support going forward for future „Whitbylicious‟ culinary events.

That community events held within the Town of Whitby or serving the Page 15 of 33 Regular Council Minutes June 24, 2013 -7:00 PM Whitby community hosted by not-for-profit organizations/community members be directed to links from the Town‟s website to external online calendars as outlined in Community and Marketing Services Department Report CMS 42-13.

1. That Council approve the relocation of the overhead high voltage power lines at Port Whitby Marina; 2. That Council approve an expenditure not exceeding $250,000 to be funded from current capital maintenance savings in the Maintenance Reserve for the relocation of the high voltage power lines at Port Whitby Marina; and, 3. That Staff be authorized to prepare tender documents and issue the tender and be authorized to award the project if the total cost is within the requested budget.

1. That Council approve the Disposition of Operating Surplus Policy, as provided inAttachment 1; 2. That Council approve the Contingency Reserves Policy, as provided in Attachment 2; 3. That Council approve the Long Term Finance Reserve Fund Policy, as provided in Attachment 3; 4. That Council approve the Maintenance Reserve Policy, as provided Page 16 of 33 Regular Council Minutes June 24, 2013 -7:00 PM in Attachment 4; 5. That Council approve the Growth Reserve Fund Policy, as provided in Attachment 5; and, 6. That Corporate Services and Public Works staff be directed to bring forward a Winter Control Reserve Policy including a target balance for Council‟s review and approval.

1. That the Town of Whitby accept the low compliant tender bid of Green Tractors Inc., in the total net amount of $60,944.00 (plus applicable taxes) for the supply and delivery of four (4) 2013, 60” deck front mounted mowers with four wheel drive which includes a trade-in allowance; and, 2. That the total estimated project cost for the Town of Whitby in the amount of $62,016.61 be approved; 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the lowest tender of DM Robichaud Associates Ltd. in the amount of $95,768.15 (excluding taxes) for all labour, materials and equipment necessary to complete the 2013 project for inspection, cleaning/flushing and assessment of the Town‟s storm sewers at various locations throughout the Town of Page 17 of 33 Regular Council Minutes June 24, 2013 -7:00 PM Whitby; 2. That the total estimated project cost of $107,000 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 All Services Incorporated in the amount of $529,630.00 (excluding taxes) for all labour, materials and equipment necessary to complete the rehabilitation of Ash Creek storm sewer structure; 2. That an over expenditure in the amount of $185,000.00 be approved and funded by development charges and one-time funding (LTFR); 3. That the total estimated cost in the amount of $685,000.00 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the annual Statement of Development Charge Reserve Funds as at December 31, 2012 be received as information; and, 2. That a copy of the Statement be forwarded to the Minister of Municipal Affairs and Housing. Page 18 of 33 Regular Council Minutes June 24, 2013 -7:00 PM

That the main motion be amended by adding the following as item 4: That Council accept the contribution from the subdivision developer (Brookvalley) in the amount of $5,000. and direct Administration to proceed with the construction of the pergola structure as part of the project. ($35,000.)

1. That the Town of Whitby accept the low tender bid of Hawkins Contracting Services Limited in the amount of $119,487.50 (excluding taxes) for all labour, materials and equipment necessary to complete the construction of Cathedral Park; 2. That the total estimated cost in the amount of $150,090.48 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

That Report CS 56-13 of the Commissioner of Corporate Services/Treasurer be received as information.

That recommendation 2 a) and b) be divided in order to deal with them separate from the main motion.

2 a) That the permitted maximum size for municipal election signage be Page 21 of 33 Regular Council Minutes June 24, 2013 -7:00 PM 4 x 4 feet;

2 b) That municipal election signs be banned from boulevards. MOTION

Page 22 of 33 Regular Council Minutes June 24, 2013 -7:00 PM That the main motion be amended by adding the following as Item 2 b): That a maximum of six (6) defined intersection election zones per ward, located on public property be established as part of the new standalone election sign by-law. MOTION

That the main motion be amended by adding the following as Item 2 b): That municipal election signs on private property be restricted to a maximum size of 2 x 4 feet. MOTION

1. That Report CS 59-13 of the Commissioner of Corporate Services Page 23 of 33 Regular Council Minutes June 24, 2013 -7:00 PM and Treasurer be received; 2. That Council approve the 2014 Council and Standing Committee Meeting Schedule included as Attachment 1 to this report; 3. That Council approve the 2014 Council and Standing Committee Meeting Report Deadline Schedule included as Attachment 2 to this report; and 4. That the Town Clerk take the necessary action as directed by Council.

1. That the Town of Whitby accept the low tender bid of Melfer Construction Inc. in the amount of $287,615.62 (excluding taxes) for all labour, materials and equipment necessary to complete the redevelopment of Iroquois Park Sports Centre Ball Diamonds #2 and #3; 2. That the total estimated cost in the amount of $311,667.65 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

Page 24 of 33 Regular Council Minutes June 24, 2013 -7:00 PM 1. That the Town of Whitby accept the low tender submitted by Dol Turf Restoration Ltd. in the amount of $824,385.77 (excluding taxes) for all labour, materials and equipment necessary for the grading, servicing, supply and installation of the artificial turf field at the Whitby Soccer Park, 695 Rossland Road West; 2. That the total estimated project cost in the amount of $999,985.77 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby grant a permanent easement to Whitby Hydro Electric Commission over part of Block 65, Plan 40M-2428, designated as Part 1, Plan 40R-27861; 2. That the Clerk prepare the required By-law for Council adoption; and 3. That the Mayor and Clerk be authorized to execute the required documents.

1. That staff be authorized to enter into negotiations with First Brands Inc. for the purpose of establishing terms and conditions for a lease agreement for the operation of the various food and beverage services within the Iroquois Park Sports Centre and McKinney Centre; 2. That staff be authorized to retain the services of PKF Consulting to provide advice to the Town during the negotiations with First Brands Inc.; and, 3. That staff report back to Council in September with recommendations on the terms and conditions following those negotiations.

1. That Report CS 65-13 of the Commissioner of Corporate Services/Treasurer be received; 2. That the draft Procedural By-law, included as Attachment #1 to this report be provided to the Mayor and Members of Council for their review and submission of comments to the Town Clerk by September 13, 2013; 3. That a public meeting be held as part of the Operations Committee of September 9, 2013 for the purpose of soliciting comments from the public with respect to the draft Procedural By-law and that the Town Clerk advertise the meeting accordingly; 4. That following the submission of comments by the Mayor and Members of Council, along with members of the public, that the Town Clerk bring forth a proposed draft by-law at the October 21, 2013 Operations Committee meeting; and, 5. That upon approval of the proposed draft by-law, that the Town Clerk bring forth the final by-law for approval at the next regularly scheduled Council meeting. Page 26 of 33 Regular Council Minutes June 24, 2013 -7:00 PM

1. That Report CS 66-13 of the Commissioner of Corporate Services/Treasurer be received; 2. That the method of conducting municipal elections remain as Optical Scan Vote Tabulators; 3. That staff be authorized to issue a Request for Proposal for the lease and/or purchase of Optical Scan Vote Tabulators and a real-time Voters‟ List Management System for the 2014 municipal election in the Town of Whitby; 4. That the Town Clerk take the necessary action to give effect thereto.

1. That an All-Way Stop Control and Stop Ahead Signage be installed in 2013 on Valleywood Drive at Knotty Pine Drive and that Traffic By- law 1862-85 be updated accordingly; 2. That staff be directed to investigate the installation of a trial control of restricted movements on Valleywood Drive and Hoodgate Drive during specific times of the day, or the alternative option of an all way stop; 3. That staff request the loan of Durham Regional Police Services Page 27 of 33 Regular Council Minutes June 24, 2013 -7:00 PM timing signals for monitoring purposes; 4. That staff request from the Region of Durham Traffic Engineering and Operations Division of the Works Department the rationale for the installation and timing of the advanced green light on the regional road; 5. That staff report back to Operations Committee in fall 2013 on the implementation of the above-mentioned options, results of traffic counts on Valleywood Drive south of Timber Mill Avenue and the results of further consultation with the Valleywood Drive and Hoodgate Drive residents; and 6. That a copy of the Report PW 23-13 be provided to the Durham Regional Police Service for enforcement consideration.

That Council support the request for a street named in honour of Walter Clifford Nesbitt, World War II Veteran in the Town of Whitby

That Report No. 63-13 of the Commissioner of Corporate Services/Treasurer be received for information.

1. That staff not proceed with an RFP for a new payroll system at this time; and 2. That staff report back on the status of the ADP system upgrade regarding the employee information module and the cloud based payroll system.

1. That Report CS 67-13 of the Commissioner of Corporate Services/Treasurer be received; 2. That By-law No. 6646-12, being the Discharge of Firearms By-law be amended to permit the establishment of an underground, indoor test range; and 3. That the Town Clerk take the necessary action to give effect thereto. Page 30 of 33 Regular Council Minutes June 24, 2013 -7:00 PM

That leave be granted to introduce By-law No. 6758-13 to 6764-13, save and except By-law No. 6763-13 and to dispense with the reading of the by-laws by the Clerk and that the same be considered read a first, second and third time and finally 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 No. 6763-13 and to dispense with the reading of the by-laws by the Clerk and that the same be considered read a first, second and third time and finally passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed. Page 32 of 33 Regular Council Minutes June 24, 2013 -7:00 PM

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 Council of the Town of Whitby at its meeting held on June 24, 2013, and that the same be considered read a first, second and third time and finally passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.

That the meeting be adjourned.

That Council approve the proposed corporate departmental restructuring plan as outlined in the Chief Administrative Officer‟s Report CAO 03-13; 2. That Council approve the proposed departmental office plans and renovations to the municipal headquarters as outlined in the report; 3. That Council authorize the engagement of Barry Bryan Associates to assist staff in the preparation of the detailed drawings and specifications and to provide project administration services as required; 4. That Council authorize staff to tender the construction for the renovations to the municipal headquarters as one project with multiple phases; 5. That Council authorize staff to proceed with the detailed designs with POI for the installation of the proposed systems furniture for the workstations, and for staff to prepare and issue the tender/quotation for furniture for new management offices; and, 6. That staff report back to Council with a recommendation on the preferred general contractor and furniture supplier and budget analysis.