Regular Council Meeting

That the Regular Council minutes of June 4, 2018 and the Special Council minutes of June 11, 2018, be adopted.

That the rules of procedure be suspended to hear a delegation from Munro Smith regarding Item 7.2, CS 43-18.

That the rules of procedure be suspended to allow delegations from members of the public, in attendance at the meeting, pertaining to Item 7.2, CS 43-18, Declare Surplus Block K, Plan M1133, Crawforth Street and Prince of Wales Drive, for the purpose of a land donation to Durham Region Hospice.

1. That Council approve the Downtown Whitby Community Improvement Plan as outlined in Attachment #1 to PL 44-18 save and except the following amendments to Appendix C: a. That Item 2.1 be amended to read as follows: i. A 75% DC exemption for high density residential developments and the residential component of mixed use developments within the Historic Downtown Whitby Priority Area; ii. A 50% DC exemption for high density residential developments and the residential component of mixed use developments outside the Historic Downtown Whitby Priority Area; b. That the first bullet of Item 2.4 be amended to read as follows: i. New high density residential developments and residential components of mixed use developments in the Downtown Whitby CIPA; and, c. That Item 2.6 e) be amended to remove ‘with priority for affordable housing’. 2. That Council approve a budget of $2.83 Million to implement the Downtown Whitby Community Improvement Plan funded from the onetime reserve fund; 3. That a By-law to designate the Downtown Whitby Community Improvement Project Area be brought forward for consideration by Council; 4. That a By-law to adopt the Downtown Whitby Community Improvement Plan be brought forward for consideration by Council at the June 25, 2018 Council meeting with an effective date for CIP incentives in the Historic Downtown Whitby Priority Area to be March 1, 2017; 5. That the Clerk send Notice of Council’s decision to the Ministry of Municipal Affairs and Housing, the Regi

1. That Council approve Amendment No. 112 to the Town of Whitby Official Plan (File OPA- 2016-W/02), as identified on Attachment #8, subject to the comments included in Planning Report No. PL 37-18; 2. That a By-law to adopt Official Plan Amendment No. 112 to the Whitby Official Plan be bought forward for consideration by Council following the approval of Official Plan Amendment No. 108; 3. That the Clerk forward a copy of Planning Report No. PL 37-18, two (2) copies of the Amendment, and a copy of the by-law to adopt Official Plan Amendment No. 112 to the Region of Durham’s Commissioner of Planning; 4. That Council approve the amendment to Zoning By-law 1784, (File Z-16-16) as outlined in Planning Report No. PL 37-18, subject to the approval of OPA No. 112; 5. That a By-law to amend Zoning By-law 1784 be brought forward for consideration by Council; 6. That Council approve the Draft Plan of Subdivision (File SW- 2016-04) subject to the comments included in Planning Report No. PL 37-18 and the conditions of draft plan approval included in Attachment #11; 7. That Corporate Services proceed to give notice to Stop Up and Close an unopened road allowance being Part 3 of Plan 40R- 1778; 8. That Staff be authorized to prepare a Subdivision Agreement; 9. That the Mayor and Clerk be authorized to sign any necessary Page 6 of 34 Regular Council Minutes June 25, 2018 - 7:00 PM documents; 10. That the Region of Durham Commissioner of Planning be advised of Council’s decision; and, 11. T

1. That Council approve an amendment to Zoning By-law 1784 (Application Z-07-18) subject to the conditions contained in Report PL 48-18; and, 2. That the Zoning By-law Amendment be brought forward for consideration by Council.

1. That Council approve an amendment to Zoning By-law 1784 (Application Z-06-18) subject to the conditions contained in Report PL 50-18 and a successful application from the Region of Durham Land Division Committee; and, 2. That the Zoning By-law Amendment be brought forward for consideration by Council following the approval of the requisite Regional Land Division application.

1. That Council approve the 3425 Coronation Developments Ltd. Draft Plan of Subdivision (File SW-2017-06) subject to addressing the comments in Report Number PL 52-18 and satisfying the conditions of draft approval in Attachment #11; 2. That a Zoning By-law Amendment to implement the draft plan be brought forward for Council’s approval; 3. That Council appoint the firm of Williams and Stewart Associates as Control Architect for the recommended Draft Plan of Subdivision; 4. That the building, municipally known as 3425 Coronation Road be delisted and removed from the Town’s Heritage Register; 5. That the Mayor and Clerk be authorized to execute any necessary documents; 6. That the Region of Durham Commissioner of Planning be advised of Council’s decision; and, 7. That the Clerk forward Notice to those parties and agencies who requested to be notified of Council’s decision.

1. That Council approve the Manorgate Homes (Whitby) Inc. Draft Plan of Subdivision (File SW-2017-07), subject to addressing the Page 8 of 34 Regular Council Minutes June 25, 2018 - 7:00 PM comments in Report Number PL 53-18 and satisfying the conditions of draft plan approval in Attachment #8 and a successful application before the Regional Land Division Committee; 2. That a Zoning By-law Amendment to implement the draft plan be brought forward for Council’s approval; 3. That Council appoint the firm of Williams Stewart Associates as Control Architect for the Draft Plan of Subdivision; 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 Council approve the development plans for the subject land (Site Plan Application SP-04-18) subject to: a. the completion of revisions to the proposed plans as outlined in Report PL 49-18; and, b. the conditions of approval set out in Attachment #7 of Report PL 49-18; and, 2. That the Mayor and Clerk be authorized to execute the Site Plan Agreement.

1. That the property that is municipally known as 4710 Anderson Street be removed from the Town’s Municipal Heritage Register; and, 2. That appropriate commemorative strategies be considered and incorporated into any future development, in consultation with the Heritage Whitby Advisory Committee.

That Planning Report No. PL 46-18 be received for information.

1. That Planning and Development Report PL 51-18 be received for information; and, 2. That item MD 3768 be removed from the Planning and Development Committee - New and Unfinished Business list.

That the main motion be amended to add the following as Item 2 and that the remaining items be renumbered accordingly: That the Commissioner of Planning and Development be directed to establish a working group comprised of stakeholders, organizations, and interested parties from Whitby seeking their input regarding affordable and seniors’ housing, to assist Planning and Development staff in providing Whitby specific input to the Region of Durham, regarding implementation of the Region’s “Affordable and Seniors’ Housing Task Force Recommendations Report”.

1. That Planning and Development Report PL 51-18 be received for information; and, 2. That the Commissioner of Planning and Development be directed to establish a working group comprised of stakeholders, organizations, and interested parties from Whitby seeking their input regarding affordable and seniors’ housing, to assist Planning and Development staff in providing Whitby specific input Page 11 of 34 Regular Council Minutes June 25, 2018 - 7:00 PM to the Region of Durham, regarding implementation of the Region’s “Affordable and Seniors’ Housing Task Force Recommendations Report”; and, 3. That item MD 3768 be removed from the Planning and Development Committee - New and Unfinished Business list.

1. That a by-law be brought forward for Council’s approval to delegate the Commissioner of Planning and Development the authority to approve redline revisions to draft plans of subdivision, site plan applications and to execute site plan agreements where required; 2. That the proposed Site Plan Approval Manual (refer to Attachment #1b) be endorsed as the mechanism to direct the Town’s consideration and approval of Site Plan applications; 3. That the Site Plan Control By-law # 7015-15 be amended to authorize the Commissioner of Planning and Development to approve site plan applications for all land uses; and, 4. That Item No. MD-4396 be lifted from the New and Unfinished Business list of the Planning and Development Committee.

1. That the “Guidelines for the Role of Council Members in the Page 12 of 34 Regular Council Minutes June 25, 2018 - 7:00 PM Public Planning Process” attached to Report LS 22-18 be adopted by Council; 2. That the Guidelines be provided to developers and property owners during the pre-consultation process of a development application; and, 3. That Item MD-3715 be removed from the Planning and Development Committee’s New and Unfinished Business List.

1. That Council authorize the Mayor and Clerk to execute a Lease Agreement with Metrolinx for Town-owned land located at the northeast corner of Henry Street and Victoria Street for the purposes of additional parking for the Whitby GO Station, on terms that are substantially as set out in Attachment 1 of Report LS 21-18; 2. That Council authorize the Mayor and Clerk to execute a License Agreement with Metrolinx to utilize 300 parking spaces for a period of three (3) years at Iroquois Park Sports Centre, on terms that are substantially as set out in Attachment 2 of Report LS 21- 18; 3. That Council authorize the Mayor and Clerk to execute a License Agreement with Metrolinx to utilize 25 parking spaces for a period of three (3) years at Luther Vipond Memorial Arena, on terms that are substantially as set out in Attachment 3 of Report LS 21-18; 4. That staff be directed to issue a Request for Proposals to retain the services of qualified real estate development professionals to investigate and test the market for transit- oriented development Page 13 of 34 Regular Council Minutes June 25, 2018 - 7:00 PM of the lands surrounding the Whitby GO Station, in order to achieve the Council-approved Port Whitby Transit Village vision and Port Whitby Community Secondary Plan objectives; 5. That funding of up to $50,000 towards the RFP for real estate development professionals to conduct the transit- oriented development study come from one-time reserves; and, 6. Notwithstanding the provis

Page 14 of 34 Regular Council Minutes June 25, 2018 - 7:00 PM 1. That Report CS 43-18 of the Commissioner of Corporate Services/Treasurer be received as information; 2. That the Clerk be authorized to bring forward a by-law authorizing the conveyance of a portion of Block K, Plan M1133 to the Durham Region Hospice, subject to the by-law including conditions requiring approval of a site plan with the following: a. Entrance and exit for the site being to Crawforth and/or Kathleen Street; and, b. The building not exceed one storey of usable space. 3. That the remainder of Block K, Plan M1133 not required to accommodate the site plan be retained by the Town and become part of Prince of Wales Park; and, 4. That the Purchase and Sale agreement for the Lands include a condition that the Lands be returned to the Town should the development of a residential hospice not proceed.

That the main motion be amended to add the following to Item 4 after the word 'proceed': 'and that a restrictive covenant be placed on title to ensure that the Lands only be used for residential hospice facilities.'

1. That Report CS 43-18 of the Commissioner of Corporate Services/Treasurer be received as information; 2. That the Clerk be authorized to bring forward a by-law authorizing the conveyance of a portion of Block K, Plan M1133 to the Durham Region Hospice, subject to the by-law including conditions requiring approval of a site plan with the following: a. Entrance and exit for the site being to Crawforth and/or Page 15 of 34 Regular Council Minutes June 25, 2018 - 7:00 PM Kathleen Street; and, b. The building not exceed one storey of usable space. 3. That the remainder of Block K, Plan M1133 not required to accommodate the site plan be retained by the Town and become part of Prince of Wales Park; and, 4. That the Purchase and Sale agreement for the Lands include a condition that the Lands be returned to the Town should the development of a residential hospice not proceed, and that a restrictive covenant be placed on title to ensure that the Lands only be used for residential hospice facilities.

That Report No. CS 35-18 of the Commissioner of Corporate Services/Treasurer be received as information.

1. That the Town of Whitby accept the low bid as submitted by Appco Paving Ltd. in the amount of $177,421.00, (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete miscellaneous asphalt patching as required by the Town of Whitby; 2. That the total project cost of $260,770.00 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 Ashland Paving Ltd. in the amount of $985,025.25, (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete the Multi-Use Path and Temporary Sidewalk Construction as required by the Town of Whitby; 2. That the total project cost of $1,392,361.69, which includes the provisional Henry Street multi-use path item, be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

Page 17 of 34 Regular Council Minutes June 25, 2018 - 7:00 PM 1. That Council authorize the Treasurer and the Chief Administrative Officer, in consultation with the Mayor, to approve tendering requirements which may be received during the recess provided that they are within, or do not exceed by more than 10%, the approved budget allocations; 2. The CAO and Treasurer be delegated authority to approve unexpected costs and awards required to continue existing projects, programs and technology upgrades; 3. That the existing delegated authority of the CAO and Treasurer for other unexpected or unplanned initiatives be increased from $25,000 to $100,000 until first meeting of the new Council; and, 4. That staff be directed to report back on any costs resulting from these delegated authorities.

That the main motion be amended to add the following as Item 4 and that the remaining items be renumbered accordingly: That the delegated authority as outlined in CS 41-18 be effective commencing June 26, 2018 in accordance with the memorandum from the Commissioner of Corporate Services dated June 22, 2018.

1. That Council authorize the Treasurer and the Chief Administrative Officer, in consultation with the Mayor, to approve tendering requirements which may be received during the recess provided that they are within, or do not exceed by more than 10%, the approved budget allocations; 2. The CAO and Treasurer be delegated authority to approve unexpected costs and awards required to continue existing projects, programs and technology upgrades; 3. That the existing delegated authority of the CAO and Treasurer for other unexpected or unplanned initiatives be increased from Page 18 of 34 Regular Council Minutes June 25, 2018 - 7:00 PM $25,000 to $100,000 until first meeting of the new Council; 4. That the delegated authority as outlined in CS 41-18 be effective commencing June 26, 2018 in accordance with the memorandum from the Commissioner of Corporate Services dated June 22, 2018; and, 5. That staff be directed to report back on any costs resulting from these delegated authorities.

1. That the Town of Whitby accept the low tender bid of Techno Feu Inc. in the amount of $2,858,785.90 (plus applicable taxes) for the supply and delivery of two (2) Custom Built Fire Pumper Trucks and one (1) Custom Built Rescue Truck; 2. That the Town of Whitby accept the low tender bid of Dependable Emergency Vehicles in the amount of $445,292.00 (plus applicable taxes) for the supply and delivery of one (1) Custom Built Tanker Truck; 3. That the Mayor and Council approve the purchase of the required equipment for all Fire Apparatus in the amount of $105,000.00; 4. That the total estimated project cost of $3,481,229.66 be approved; and that Council approve a budget increase of $381,229.66 and that the funding source(s) be determined by the Treasurer; and, 5. That the Mayor and Clerk be authorized to execute the contract documents.

1. That staff be authorized to negotiate directly with PPE Solutions Starfield Lion to purchase Structural Firefighting Gear; and, 2. That the Commissioner of Corporate Services/Treasurer be authorized to award the sole source purchase to PPE Solutions Starfield Lion for 2018 if the negotiated price is within the approved budget.

That Report No. CS 42-18 of the Commissioner of Corporate Services/Treasurer be received for information.

1. That Community and Marketing Services Report CMS 28-18 pertaining to the Parks Development Phasing for the West Whitby Secondary Plan be received; 2. That the phasing and construction of the two District Parks located in the Mattamy Corporation and TFP Whitby Developments (Fieldgate) plans of subdivision be advanced ahead of the current capital budget years as outlined in the staff report; 3. That the developers be responsible for the construction of the District Parks, subject to the detailed design approved by Parks Page 20 of 34 Regular Council Minutes June 25, 2018 - 7:00 PM staff in the Community and Marketing Services Department; and, 4. That the subdivision agreements be amended to give effect to permit Mattamy Corporation and TFP Whitby Developments (Fieldgate) to construct and maintain the parks until they are to be assumed by the municipality.

1. That Community and Marketing Services Report CMS 34-18 regarding the update to the Town’s status with Provincial Accessibility Legislation be received as information; and, 2. That item MD-0766 pertaining to the Design of Public Spaces be lifted from the New and Unfinished Business List of the Operations Committee.

1. That Community and Marketing Services Report CMS 35-18 Page 21 of 34 Regular Council Minutes June 25, 2018 - 7:00 PM regarding the development of the Cullen Central Park Master Plan be received; 2. That Council direct staff to commence the development of the Cullen Central Park Master Plan with the final Master Plan to be brought forward for Council approval in Q4 2019; and, 3. That the Cullen Central Park Master Plan park construction be

That the main motion be amended by adding the words 'save and except the parking lot' after 'project' in Item 3 and adding a new Item 4 as follows: That Staff be directed to coordinate with Nordik Spa to facilitate construction of the Cullen Central Park parking lot in 2019, and that the project be

That the main motion be amended to add the following as Item 5: That Staff identify options to recognize former mayor Marcel Brunelle in Cullen Park.

1. That Community and Marketing Services Report CMS 35-18 regarding the development of the Cullen Central Park Master Plan be received; 2. That Council direct staff to commence the development of the Cullen Central Park Master Plan with the final Master Plan to be Page 22 of 34 Regular Council Minutes June 25, 2018 - 7:00 PM brought forward for Council approval in Q4 2019; 3. That the Cullen Central Park Master Plan park construction be

1. That the ‘Bollocks Arena 1’ Naming Rights Sponsorship at the McKinney Centre under the terms and conditions identified in Report CMS 36-18 be approved; 2. That the ‘Carttera Viewing Area’ Naming Rights at the Anne Ottenbrite Pool (AOP) under the terms and conditions identified in Report CMS 36-18 be approved; and, 3. That the sponsorship of the shade screens by Tim Hortons at the Iroquois Park Sports Centre (IPSC) baseball diamonds be received.

1. That Council approve the proposed landscape plan as shown Page 23 of 34 Regular Council Minutes June 25, 2018 - 7:00 PM within Community and Marketing Services Report CMS 37-18 (Attachment 2) for the Whitby Innovation Hub-Accelerator (Wi- HUB) building located at the former Provincial Land Registry property (400 Centre Street South); and, 2. That the estimated cost of the project in the amount of $255,000 be approved and the funding source be determined by the Treasurer.

1. That Council approve and direct staff to amend the public recreational license agreement with the Ontario Ministry of Infrastructure to add a 0.24 hectare parcel of land for portions of the Hydro Corridor within Lot 21, Concession 1, as detailed in Community and Marketing Services/Corporate Services Departments Report CMS 38- 18; 2. That the Mayor and Clerk be authorized to execute the required amending agreement and all documentation to give effect thereto; and, 3. That Council approve a proposed increase of $65,000 in funding for the 2018 Hydro Electric Power Corridor (HEPC) trail project between Dundas Street East and Nichol Avenue, from a trail project to be funded from the 2019 Capital Budget.

Page 24 of 34 Regular Council Minutes June 25, 2018 - 7:00 PM 1. That Council direct staff to have a Detailed Engineering Study (DES) to examine the implementation of combined heat and power (CHP) microturbines at Iroquois Park Sports Centre (IPSC); and, 2. That Council approve a budget of $50,000 to engage a consultant that would complete the DES and that the funding sources be determined by the Treasurer.

That Community and Marketing Services Report CMS 40-18 regarding the annual update on the 2016-2018 Accessibility Plan be received as information.

1. That Report PW 14-18 be received for information; and, 2. That Staff continue to provide status updates to Council on new Waste Management legislation requirements.

1. That Council authorize staff to sole source and retain CIMA to undertake the detailed design and tender preparation for the proposed 2019 reconstruction of Centre Street South and Gilbert Street West; 2. That Council approve retaining CIMA as permitted in the Purchasing Policy, Section 7 (Repetitive Projects/Assignments for Consultants for Continuous Service) as outlined in the Staff Report; and, 3. That the Mayor and Clerk be authorized to execute the necessary contract documents.

1. That Public Works Report PW 24-18 be received for information; 2. That Council approve the downtown tree lighting project as outlined in PW 24-18; 3. That budget of $123,157 be approved for the downtown tree lighting project to be financed from the grant funding from the Page 26 of 34 Regular Council Minutes June 25, 2018 - 7:00 PM Main Street Revitalization Initiative; 4. That the future Operating/Capital Budget costs identified in the report be included in the 2019 Budget; and, 5. That the Clerk be directed to bring forward a Town By-law authorizing the agreement with the Association of Municipalities of Ontario for the Main Street Revitalization Initiative.

1. That Report PW 25-18 regarding the Active Transportation Plan (ATP) study be received for information; and, 2. That Staff continue to provide Council with status updates on the ATP study and report back to Council in 2019 with the proposed Active Transportation Plan for Council’s consideration.

1. That Report PW 26-18 be received for information; and, 2. That Council hereby delegate authority to the Commissioner of Public Works and Commissioner of Legal and By-law Services/Town Solicitor to undertake the necessary actions and execute the necessary documents to authorize the acquisition and/or disposition of any lands required to implement the works for the development of the area commonly

1. That Report LS 13-18 be received for information; and, 2. That Council direct the Clerk to bring forward a revised Site Alteration By-law in accordance with the recommendations contained in this report.

That Council approve a variance to the Town of Whitby Sign By-law # 5695-05 for Reptilia at 1400 Victoria Street East, to reduce the wall sign minimum distance of 2.5 metres from the adjacent grade to 0.7 metres.

That Staff be directed to initiate consultation with stakeholders to explore opportunities for a privately funded bike park in Whitby, and report back to Council in Q2 2019.

That Report CAO 13-18, Labour Relations Matters Related to Litigation or Potential Litigation be received for information.

That Report CAO 15-18, Update on the Corporate Strategic Plan Process be received for information. Page 29 of 34 Regular Council Minutes June 25, 2018 - 7:00 PM

1. That Council agrees to an extension of the time to make a decision on the request to repeal the designation by-law for the St. Arsenije Sremac Serbian Orthodox Church at 508 Byron Street South (the "Church") until September 30, 2018 pursuant to s. 32(3) of the Ontario Heritage Act, subject to the Church's execution of the agreement attached to this memorandum; 2. That the Commissioner of Legal and By-law Services/Town Solicitor be authorized to execute the attached agreement to extend the time period for Council to decide on the request to repeal the designation by-law for the Church; and, 3. That, in the event that the Church fails to execute the attached deadline extension agreement by July 20, 2018, then Council refuses the Church's request to repeal the Heritage Designation By-law # 3790-96.

That leave be granted to introduce By-laws # 7417-18, # 7419-18 to # 7426-18 and # 7429-18 to # 7433-18, 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 # 7427-18 and # 7428-18 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 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 June 25, 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.

That the property that is municipally known as 211 Brock Street South be removed from the Town’s Municipal Heritage Register; 2. That a full Cultural Heritage Impact Assessment (CHIA) relating to the subject property be completed and submitted to the satisfaction of the Planning and Development Department prior to approval of a Demolition Permit; and, 3. That appropriate commemorative strategies be considered and incorporated into any future development, in consultation with the Heritage Whitby Advisory Committee.