Regular Council Meeting

That the minutes be adopted.

That the rules of procedure be suspended to hear a delegation from Jamie MacInnis, City Homes, pertaining to Planning and Development Committee Report, PL 88-16, as Mr. MacInnis had not first appeared before the appropriate Standing Committee.

That the proclamations for Hunger Awareness Week - September 19 to 23, 2016, Prostate Cancer Awareness Month - September 2016, Wrongful Conviction Day - October 2, 2016, Child Care Worker and Early Childhood Educator Appreciation Day - October 26, 2016, Occupational Therapy Month - October 2016 and Woman Abuse Awareness and Prevention Month - November 2016, be endorsed.

1. That Council approve Draft Plan of Subdivision SW-2016-01 subject to the conditions of approval contained in Section 8.0-A of Report PL 91-16; 2. That Council approve Zoning By-law Amendment Application Z- 06-16 subject to the conditions of approval contained in Section 8.0 of Report PL 91-16; 3. That Council approve Site Plan Application SP-11-16 subject to the conditions of approval contained in Section 8.0-B of Report PL 91-16; 4. That any necessary by-law be brought forward for consideration by Council; 5. That staff be authorized to prepare a subdivision agreement; 6. That the Mayor and Clerk be authorized to sign any necessary documents; 7. That the Region of Durham Commissioner of Planning be advised of Council’s decision; 8. That the Clerk forward a Notice of Decision to those persons and agencies who had requested to be notified of Council’s decision; and, 9. That staff prepare a site plan agreement and that the Mayor and Clerk be authorized to execute the appropriate documents.

1. That Council approve Zoning By-law Amendment Application (Z- 07-14) subject to the conditions contained in Section 8 of Report PL 90-16; and, 2. That the Zoning By-law Amendment be brought forward for Page 6 of 26 Regular Council Minutes September 19, 2016 - 7:00 PM Council’s consideration.

1. That Council approve Zoning By-law Amendment Application (Z- 07-16) subject to the conditions contained in Section 8 of Report PL 86-16; and, 2. That the Zoning By-law Amendment be brought forward for Council’s consideration.

1. That Council approve Sign By-law Variance Application SB-06-16 to the Town of Whitby Permanent Sign By-law 5695-05 for the existing shopping centre on lands municipally known as 3000 and 3050 Garden Street in accordance with the following amendment: a. To permit a proposed pylon sign fronting onto Garden Street with a sign area of 26.5 square metres; and, b. That as a condition of the variance, the LED wattage for the pylon sign shall be regulated in the following manner: i. The light shall not project onto any adjacent lots; ii. The illumination shall not exceed 5,000 nits between sunrise and sunset; and, iii. The illumination shall not exceed 500 nits between sunset and sunrise. Page 7 of 26 Regular Council Minutes September 19, 2016 - 7:00 PM

1. That Council receive Planning and Development Report PL 88- 16, regarding the Status of Review on the Downtown Whitby Community Improvement Plan; 2. That Council direct Staff to initiate the Official Plan Amendment process to review the Downtown Whitby Community Improvement Plan and that such review address the following: a. adjust the Downtown Whitby Community Improvement Plan boundary to reflect the proposed boundary expansion area shown in Attachment #1; b. assess the Tax Increment Equivalent Grant as a financial incentive and develop the related policies and criteria for consideration; c. identify potential sites that could be eligible for Municipal Tax Assistance Program and Provincial Brownfield Financial Tax Incentive and develop the related policies and criteria for consideration; d. review the Facade Improvement Grant Program to Page 8 of 26 Regular Council Minutes September 19, 2016 - 7:00 PM increase the total grant available for an application from the current $5,000 maximum per application; e. develop a Signage Grant Program, and develop the related policies and criteria for consideration; f. review Development Charge related incentives in conjunction with the Town's Development Charge By-law update and report back on any potential and impact of such incentives; g. review the potential and impact to waive and/or reduce Planning Application Fees and Building Permit Fees and develop appropriate policies and criteria for consideration; h. review the inclusion of

That Report CLK 19-16 of the Office of the Town Clerk be received for information. Page 9 of 26 Regular Council Minutes September 19, 2016 - 7:00 PM

That Council provide direction to further explore the option to have a referendum question on ranked ballots for the 2018 Municipal Election and that the Clerk report back on the full details of using this method including opportunities for public consultation.

1. That the existing structure of four wards with one Ward Councillor representing each ward be maintained; 2. That should the changes to Regional Council composition receive a triple majority approval, the Town’s Regional Councillors continue to be elected at-large; 3. That the Clerk be directed to investigate and report back on the development of a Ward Boundary Guideline Policy to establish Page 10 of 26 Regular Council Minutes September 19, 2016 - 7:00 PM criteria for consideration of future ward boundary adjustments; and, 4. That the Commissioner of Community and Marketing Services report back on Council Chambers design to accommodate the additional Regional Councillor.

1. That Report LS 16-16 be received for information.

1. That Council receive Legal and By-law Services Report, LS 19-16 for information; 2. That Council direct staff to host a public meeting to present the proposed changes to the Town’s Noise By-law to gather feedback from residents and affected businesses; and, 3. That Council direct staff to report back to Operations Committee by November 14, 2016 with the results of the public meeting.

That the main motion be divided to deal with items 2 and 3 separately.

2. That Council direct staff to host a public meeting to present the proposed changes to the Town’s Noise By-law to gather feedback from residents and affected businesses; and, 3. That Council direct staff to report back to Operations Committee by November 14, 2016 with the results of the public meeting.

That the main motion be amended by adding the following as Item 2: That staff be directed to work with the neighbours involved to seek a resolution to the issues raised either through staff involvement or mediation services.

1. That Council approve the proposed speed limits as per the revised Schedule A of the attached draft traffic by-law amendment; 2. That Council authorize the Clerk to bring forward an amending By-law to By-law 1862-85, Schedule ‘P’, for Council approval; 3. That Public Works staff meet with Durham Regional Police Service to discuss the implementation of the new speed limits; and, 4. That the Clerk be authorized to provided a copy of PW 21-16 to the Region of Durham, City of Oshawa and Durham Regional Police Service.

1. That Council approve a drainage easement to Reimer Transport over a portion of the Gerdau Court Lands (formerly New Public Access Road); 2. That the Clerk bring forward the necessary by-law authorizing the drainage easement over a portion of the Gerdau Court Lands; and, 3. That the Mayor and Clerk be authorized to execute the easement agreement and any ancillary documents necessary to effect the same.

1. That Report PW 26-16 is received as information; 2. That the Windrow Snow Clearing Program be modified for the 2016/2017 winter season to remove any work being performed on private property and maintain clearing the snow from the windrow and public sidewalk; 3. That the eligibility requirement for the Windrow Snow Clearing Program be amended to include that residents not be away for more than 45 consecutive days between November 1 and April 15; 4. That the revised Windrow Snow Clearing Program Application included in Appendix C be approved for use when registration begins on October 1, 2016; and, 5. That the Service Level Standard for the Windrow Snow Clearing Program included as Appendix D be adopted.

That the main motion be amended by adding the following as Item 6: That staff be directed to explore alternative service delivery options for the windrow program as it relates to private property and that staff report back on opportunities.

That Report PW 27-16 be received as information.

That the main motion be amended by adding the following as Items 2 and 3: 2. That By-law Number 4394-99, being a by-law to prescribe the height and description of lawful fences, be amended to include the following as Section 2 (1)(a): Despite the provisions of Subsection 2(1) of this by-law, in circumstances where a property abuts an arterial road as defined in either the Town of Whitby or Region of Durham Official Plan, the maximum fence height shall be 2.4 metres for the portion of the fence that abuts the arterial road; and, 3. That Council authorize the Clerk to bring forward the amending by- law for Council’s approval.

Page 15 of 26 Regular Council Minutes September 19, 2016 - 7:00 PM 1. That the Clerk circulates report PW 30-16 to the Region of Durham; 2. That the Region be requested to include sufficient funds in their 2017 and 9-Year Capital Roads Program to complete the following projects in 2017: a. Cochrane Street intersection improvements at Rossland Road for construction in 2017 (advanced from 2021); b. Cochrane Street rehabilitation from Ferguson Street to Vernon Street for construction in 2017 (advanced from 2020). Completion of the above projects would eliminate barriers along the north-south priority cycling network connecting the Waterfront Trail and Greenbelt Cycling Route; c. Initiate an Environmental Assessment in 2017 for Lake Ridge Road from Dundas Street to Highway 407 (expand existing project limits between Dundas Street and Rossland Road) associated with the opening of the Highway 401 and 407 interchanges at Lake Ridge Road; d. Initiate an Environmental Assessment in 2017 for Thickson Road from Taunton Road to Winchester Road associated with the opening of the Highway 407/412 project; e. Initiate an Environmental Assessment in 2017 for improvements to Victoria Street between Gordon Street and Brock Street, including the assessment of new/improved pedestrian and cycling opportunities for crossing Victoria Street; and, f. Initiate an Environmental Assessment in 2017 for Lake Ridge Road to review the realignment of Columbus Road and Concession 7 (in Pickering) to eliminate

1. That Council approve the proposed discounted schedule for municipal lot leased parking as shown in Attachment B; 2. That Council consider and provide direction on an interim (October 1, 2016 to November 31, 2017) payment in lieu policy (PIL) for parking; 3. That staff bring forward to Council the Terms of Reference for the Parking Master Plan in January 2017; 4. That a payment in lieu (PIL) policy be developed as part of the 2017 Parking Master Plan for surface and structured parking and be brought forward to Council for review and consideration; and, Page 17 of 26 Regular Council Minutes September 19, 2016 - 7:00 PM 5. That Council authorize the Clerk to bring forward an amending By-law to Municipal Parking Lot By-law No. 4910-01, for Council approval.

1. That the Town of Whitby accept the low tender bid of Tallman Truck Centre Limited the amount of $129,954.00 (plus applicable taxes) for the supply and delivery of an Low Profile Dump Truck with Slide in Sander; 2. That the over expenditure of $27,951.19 be financed from the Maintenance Reserve; 3. That the total estimated project cost for the Town of Whitby in the amount of $134,741.19 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the low tender of TBG Environmental Inc. in the annual amount of $17,600.00 (excluding taxes) for the supply and delivery of winter sand; 2. That approval be granted for the option to extend the contract on an annual basis for up to two (2) additional years provided the Company’s and materials performance is satisfactory; Page 18 of 26 Regular Council Minutes September 19, 2016 - 7:00 PM 3. That the total estimated three (3) year project cost for the Town of Whitby in the amount of $54,131.00 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the low tender bid of Oxford Dodge Chrysler (1992) LTD. in the amount of $104,220.00 (plus applicable taxes) for the supply and delivery of three (3) 1/2 ton, extended cab, 4x4 pickups; 2. That the over expenditure of $10,754.27 be financed from the Maintenance Reserve; 3. That the total estimated project cost for the Town of Whitby in the amount of $106,754.27 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

That report No. CS 59-16 of the Commissioner of Corporate Services/ Treasurer be received as information.

1. That the preliminary Capital Program Growth Forecast and the Level of Service calculations outlining the Town’s anticipated growth needs be received as information; 2. That the draft cost of growth calculations relating to the Capital Program Growth Forecast and as prepared by Hemson Consulting Ltd be received as information; 3. That Staff report back to Council on recommended policy considerations for inclusion in the Development Charge By-Law; and, 4. That Staff be instructed to continue Stakeholder consultation on the items discussed in this report.

1. That Council approve the proposal submitted by KPMG LLP, in the amount of $74,950.00 (excluding taxes) to provide consulting services for the Fleet Management Study; 2. That the over expenditure of $1,269.12 be financed from the Corporate Development Reserve; 3. That the total project cost for the Town of Whitby in the amount of $76,269.12 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the low tender bid of Hard-Co Construction in the reduced tender amount of $1,422,289.86 (plus applicable taxes) for the road rehabilitation of Watson Street, Dufferin Street and the Port Whitby Marina access road, with the reduction of Annes Street Rehabilitation; 2. That an over expenditure in the amount of $59,616.00 be approved and financed from the Maintenance Reserves; 3. That the total estimated project cost for the Town of Whitby in the amount of $824,000.00 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That staff be authorized to negotiate directly with Darch Fire to purchase a Pierce Ascendant multipurpose 107 foot aerial single axle pumper rescue apparatus; 2. That the Commissioner of Corporate Services/Treasurer be authorized to award the sole source purchase to Darch Fire, if the negotiated price is within the approved budget; and, 3. That the Commissioner of Corporate Services/Treasurer be authorized to issue and award tenders for purchase of associated equipment for the Pierce Ascendant within the approved budget.

That Council authorize a reciprocal agreement between the Whitby Civic Recreation Complex Health Club and the Abilities Centre that would permit members of each facility to become associate members at the partner facilities for a nominal fee as outlined in the Staff report.

1. That Council approve the updated Terms of Reference for the Community Connection Board; and, 2. That Council approve the Community Connection proposed Work Plan and the actions contained within.

That Report No. CS 54-16 of the Commissioner of Corporate Services/Treasurer be received for information.

Whereas residential fire continues to present a serious risk for personal injury, death and property damage; Whereas Staff Report PL 78-16 recommended that new low and medium density residential units being constructed in four of the new West Whitby developments, be required to offer as an option, automatic fire sprinkler systems to purchasers of these units; Whereas neither the Ontario Building Code (OBC) nor the National Building Code of Canada has mandated the need to install fire sprinkler systems in new low-rise homes; Page 23 of 26 Regular Council Minutes September 19, 2016 - 7:00 PM Whereas provincial policies need to address liability concerns, the Ontario Building Code and maintenance and infrastructure issues; and, Whereas the Whitby Fire Service and the Ontario Association of Fire Chiefs supports changes to the Ontario Building Code to require that all new residential dwellings require the installation of residential fire sprinklers to save lives, reduce serious injuries and reduce property damage. Therefore be it resolved that a copy of PL 78-16 and this motion be sent to the Premier of Ontario, The Minister of Municipal Affairs and Housing and the President of the Association of Municipalities of Ontario (AMO); and, Be it further resolved that the Ontario Government move to amend the Ontario Building Code to make sprinkler systems mandatory in all new residential construction across the province.

That leave be granted to introduce By-law # 7174-16 to # 7177-16 and to dispense with the readings 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 September 19, 2016 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.

Page 25 of 26 Regular Council Minutes September 19, 2016 - 7:00 PM That the meeting adjourn.