Regular Council Meeting

That the minutes be adopted.

That the proclamations for Nursing Week - May 8 to 14, 2017, Just Give Day - May 17, 2017, International Day Against Homophobia/Transphobia - May 17, 2017, National Health and Fitness Day - June 3, 2017, World Elder Abuse Awareness Day - June 15, 2017, Recreation and Parks Month - June 2017, Seniors' Month - June 2017, Brain Injury Awareness Month - June 2017 and Spina Bifida and Hydrocephalus Awareness Month - June 2017 and the flag raisings for International Day Against Homophobia/Transphobia - May 17, 2017 and Pride Week - May 29, to June 4, 2017, be endorsed.

That the Town of Whitby move forward with the designation of the Log Cabin under Part IV of the Ontario Heritage Act.

1. That Planning Report PL 42-17 be received as information; 2. That the Planning and Development Department report back to the Planning and Development Committee at such time as input from the public, commenting agencies, and departments has been received and assessed; and, 3. Before the end of 2017 and before any report back on the Town- initiated amendment to the Official Plan for this area, that the Planning and Development Department report back to the Planning and Development Committee regarding the development proposal for All Seniors Care Living Centres Limited related to their submitted Official Plan and Zoning By-law amendments, and forthcoming site plan application.

1. That Report CLK 12-17 be received for information; 2. That the Terms of Reference, included as Attachment #1 to CLK 12-17, pertaining to the Board of Management for the Downtown Whitby BIA be approved as amended, by deleting the following in Section 9.4: "Council shall not allocate funds to the BIA or its committees through a community grant program"; and, 3. That the Commissioner of Planning and Development be directed to report back to the Planning and Development Committee with a proposed Memorandum of Understanding (MOU) between the Town and the BIA Board of Management outlining the roles and responsibilities of each party.

1. That Council approve in principle the Durham Community Climate Adaptation Plan; 2. That staff be authorized to participate on working groups to further develop the programs proposed in the Plan and a reporting framework; 3. That the Whitby Sustainability Advisory Committee be consulted, where appropriate; and, 4. That the Clerk forward a copy of this report and Council’s Resolution to the Whitby Sustainability Advisory Committee and the Region of Durham.

That Council receive the Whitby Sustainability Advisory Committee 2016 Annual Report as information.

That Council receive as information the LACAC Heritage Whitby 2016 Annual Report.

1. That Council receive Report LS 07-17 for information; 2. That staff be directed to report back to the Planning and Development Committee with guidelines outlining the role of Council Members at Developer community meetings; and, 3. That the guidelines be provided to developers during the pre- consultation process of a development application.

1. That Council approve Zoning By-law Amendment Application Z- 06-17 subject to the conditions contained in Section 8 of Report PL 44-17; 2. That the Zoning By-law Amendment be brought forward for Council’s consideration; 3. That Council approve an exemption from the provisions of Noise By-law # 6917-14 for Brookfield Homes (Ontario) Whitby Limited at 1900 Brock Street South to host outdoor events until 11:30 p.m on weekends or holidays only.

1. That Council approve the application for the recommended Draft Plan of Subdivision (File No. SW-2013-07 and SW-2014-04) as illustrated on Attachment # 5 subject to the comments and conditions contained in Section 8.0 of Planning Report PL 41-17; 2. That Council approve the application to amend Zoning By-law 1784 (File No. Z-15-13 and Z-04-14), subject to the comments and conditions contained in Section 5.0 of Planning Report PL 41-17; 3. That a By-law be brought forward to implement the draft plan of Page 7 of 33 Regular Council Minutes May 08, 2017 - 7:00 PM subdivision; 4. That Council appoint the firm of Williams and Stewart Associates as Control Architect for the recommended Draft Plan of Subdivision; 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 parties and agencies who have requested to be notified of Council’s decision; and, 9. That prior to Council's consideration of a Site Plan application for the Mixed Use Bloc 322 in Draft Plan of Subdivision SW-2013- 07/SW-2014-04, as shown on Attachment #6 to PL 41-17, an Urban Design Plan shall be required, which shall address, amongst other matters outlined in Section 6.2 of the Official Plan and the West Whitby Urban Design Guidelines, the requirement for a suitable urban gathering space.

Page 8 of 33 Regular Council Minutes May 08, 2017 - 7:00 PM 1. That Council approve Zoning By-law Amendment application (Z- 17-15) and Site Plan Application (SP-17-15), submitted by Stockworth MBG Limited, subject to the conditions contained in Section 8.0 of Planning Report PL 45-17; 2. That the amending By-law be brought forward for Council’s approval; and, 3. That the Mayor and Clerk be authorized to execute the Site Plan Agreement.

That Item 1 of the main motion be amended by adding the following after 'PL 45-17': 'including a requirement for an easement and an agreement with the property owner to the south as per CLOCA’s recommendation and as noted in Section 7.3.1.3 of Planning Report PL 45-17'.

1. That Council approve Sign By-law Variance Application SB-02-17 to the Town of Whitby Permanent Sign By-law 5695-05 for the existing shopping centre on lands municipally known as 3000 Garden Street in accordance with the following: a. To permit a menu board with a maximum area of 3.7 square metres; b. To permit a menu board with a maximum height of 2.2 Page 9 of 33 Regular Council Minutes May 08, 2017 - 7:00 PM metres; and, c. To permit a wall sign to be located a minimum distance of 0.9m above the adjacent grade.

1. That Report No. PL 35-17 regarding the 2017 Progress Report for Downtown Whitby Action Plan be received as information; 2. That a communication plan be developed for the progress and successes of the Downtown Whitby Action Plan; and, 3. That Staff continue to report on the progress of the Downtown Whitby Action Plan three times a year, in January, May and October.

1. That the Mayor and Clerk be authorized to execute a renewal agreement between the Town of Whitby and the Durham Region Farmers’ Market Association for the use of 201 Brock Street South; 2. That the Mayor and Clerk be authorized to execute an agreement between the Durham Region Farmers’ Market Association, the Town of Whitby and the Whitby Fire Hall Redevelopment Inc. for use of 201 Brock Street South for the remainder of 2017; Page 10 of 33 Regular Council Minutes May 08, 2017 - 7:00 PM 3. That Transportation and Parking Services provide the Durham Region Farmers’ Market Association parking cards for the vendors, allowing them to park in the Municipal Lot #4 on Market Days (Wednesday) during market season from May to October 2017; and, 4. That staff report back on the proposed future location of the Whitby Farmers’ Market.

1. That Council approve a revised site plan for a second soccer dome to be constructed over the existing artificial turf soccer field located at the rear of the Donald A. Wilson Public Secondary school as set out on Attachments #4-7; 2. That Council authorize Corporate Services to proceed with the transfer of lands between the Town and Durham District School Board as set out below: a. That the Town of Whitby purchase a portion of lands from the Durham District School Board for the purpose of access and setbacks for the Second Soccer Dome; b. That the Clerk bring forward a by-law authorizing the purchase of the Property; c. That the Mayor and Clerk be authorized to execute all required documents to give effect thereto; and, d. That staff do all things necessary, including any required municipal procedures, to give effect to the purchase of the Property. 3. That a Minor Variance Application be submitted to the Committee of Adjustment to extend the permissions of a recreational sports complex onto the adjacent lands to be transferred to the Town from the Durham District School Board. Additional required variances shall include increased heights and building setbacks in accordance with Section 5.0 of this report; and, 4. That Council authorize the Commissioner of Planning to approve the revised site plan drawings in accordance with the revisions Page 11 of 33 Regular Council Minutes May 08, 2017 - 7:00 PM requested as outlined in Section 8.0 of Planning Report PL 38-17.

1. That the Town of Whitby accept the low tender bid of Truckz & Binzz in the amount of $222,486.00 (plus applicable taxes) for the supply and delivery of a rear loading, high compaction, 30 cu. yd. refuse vehicle; 2. That the over expenditure of $27,901.75 be financed from the Maintenance Reserve; 3. That the total estimated project cost for the Town of Whitby in the amount of $227,901.75 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 Siemens Building Technologies Canada Ltd. in the amount of $101,100 (excluding taxes and including provisional items) to supply all Page 12 of 33 Regular Council Minutes May 08, 2017 - 7:00 PM labour, materials and equipment required to install a Building Automation System (BAS) at the Civic Recreation Complex (CRC); 2. That the total estimated project cost in the amount of $131,000 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 bid as submitted by Miller Paving Limited for the Town of Whitby’s portion in the annual amount of $22,710.00 (plus applicable taxes) to supply and apply liquid calcium/magnesium blend and the delivery of flake magnesium chloride; 2. That the over budget amount of $11,799.69 be approved and included in the quarterly operation projection report; 3. That approval be granted for the option to extend the contract for two (2) additional one (1) year terms based on satisfactory performance and product quality, as well as budget approval for subsequent years; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the low bid of Durhamway Bus Lines Inc., in the annual amount of $27,589.50, (plus applicable taxes) for the provision of Bus Services for a one (1) year term; 2. That the total estimated annual contract amount of $27,589.50 be approved; 3. That approval be granted for the option to extend the contract for one (1) additional one (1) year term based on satisfactory service, satisfactory pricing, and annual budget approval; and, 4. 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 adjusted amount of $333,552.34 (plus applicable taxes) for the supply and placement of surface treatment and slurry seal as required by the Town of Whitby; 2. That the total estimated contract amount of $374,422.86 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 Wyndale Paving Co. Ltd. in the revised amount of $777,837.00 (less Way Street Rehabilitation) (excluding applicable taxes) for all labour, materials, equipment and supervision necessary to complete road reconstruction - various locations within the Town of Whitby; 2. That the total estimated project cost of $745,000.00 (net of the Regional contribution) 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 Blacktop Restorations Inc. the amount of $107,175.00 (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete repairs of Town-owned catch basins and/or maintenance holes at various locations within the Town of Whitby; 2. That the total estimated contract amount of $122,561.28 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 of G&K Services, in the amount of $41,916.81, (plus applicable taxes) for a three (3) year term for the rental of floor mats, uniforms and supplies; 2. That the total estimated contract amount of $42,269.90 be approved; 3. That approval be granted for the option to extend the contract for two (2) additional one (1) year terms based on satisfactory and timely service, satisfactory pricing, and budget approval; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Council approve the award of the contract to the highest scoring proposal of BFL Canada Risk and Insurance Services Inc., for a period of up to five (5) years, as the insurance provider for the continuation of the Facility Rental User Liability Insurance Program; 2. That Council approve a 10% administration fee on the user group insurance fees to cover municipal administration costs; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

Tender 1- T-19-2017 Playground Site Works 1. That the Town of Whitby accept the low bid as submitted by Lancoa Contracting Inc. in the amount of $529,901.95, (plus applicable taxes) for all labour, materials,equipment and supervision necessary to complete the playground area site construction works at Forest Heights Park, Kirby Park, Longwood Park, Myrtle Park, Robmar Park and Brooklin Optimist Park; 2. That the total estimated project cost in the amount of $590,098.81 be approved; RFP 1 – RFP-20-2017 Design, Supply & Installation of Playgrounds 3. That the Town of Whitby accept the highest scoring proposal of ABC Recreation Ltd. in the amount of $211,791.43 (plus Page 17 of 33 Regular Council Minutes May 08, 2017 - 7:00 PM applicable taxes) for the design, supply and installation of playground equipment; 4. That the total estimated project cost in the amount of $232,462.27 be approved; Tender 2 – T-38-2017 Watson Park Redevelopment 5. That the Town of Whitby accept the low bid as submitted by Pine Valley Corporation in the amount of $234,376.00, (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete the redevelopment of Watson Park; 6. That the total estimated project cost in the amount of $271,682.38 be approved; 7. That the over expenditure of $19,804.38 funded from the Maintenance Reserve be approved; Tender 3 – T-26-2017 Park Site works: Kelloryn and Fallingbrook 8. That the Town of Whitby accept the low bid as submitted by Roy

That Corporate Communications Report CCM 01-17 be received for information.

That applications for cancellation, reduction, adjustment and/or refund of taxes be approved as listed in this report, in the amount of $2,691,971.22 for the taxation years 2009 to 2016 inclusive.

That Council authorize the Manager of Revenue and the Assessment Review Officer to file a Notice of Complaint, on behalf of the Town of Whitby, for assessment values on certain properties within the Town of Whitby, as set out in Corporate Services Report, Item CS 45-17.

1. That the tax rates for the year 2017 General Municipal Town Levies be approved as indicated in Schedule “A”, attached; 2. That the tax due dates for the final tax bills for the Residential, Farmland, Pipeline and Managed Forest tax classes be June 26, 2017 and September 25, 2017; 3. 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; and, 4. That a By-law be brought forward to set the Town of Whitby due dates and levy rates for 2017 in accordance with the approved budgets and regulations.

1. That staff be authorized to issue a Request for Proposal to provide consulting services on a Development Related Fee Study for the purpose of updated Building Permit Fees, Engineering Design Review and Inspection Fees, and Planning Application Fees; 2. That staff be authorized to award the project to the highest ranking compliant bidder provided such proposals are within or do not exceed by more than 10%, the budget of $100,000; and, 3. That the Mayor and Clerk be authorized to sign any necessary documents.

1. That Council approve in principle the Age-Friendly Whitby Action Plan; 2. That Council support the development of an Age-Friendly Whitby Network to implement, monitor and evaluate the progress of the Age-Friendly Plan; and, 3. That Council approve an Age-Friendly Whitby Coordinator contract position funded through the Seniors’ Committee of Council operating budget and reserve fund.

That Community and Marketing Services Report CMS 22-17 regarding the reduction of operating hours at Luther Vipond Memorial Arena be received as information.

1. That Council endorse the Whitby In Bloom Committee of Council’s proposed 2017 Work Plan and the actions outlined in Community and Marketing Services Report CMS 24-17; and, 2. That Council approve any surplus from the 2017 Operating Budget, be held in reserve and allocated to support the Town’s entry in future Communities in Bloom programs.

Page 22 of 33 Regular Council Minutes May 08, 2017 - 7:00 PM 1. That Community and Marketing Services and Corporate Communications joint Report CMS 25-17 regarding the 2017 Summer Events Program be received; 2. That Council endorse the 2017 Summer Events Program; and, 3. That Council recognize and thank the sponsors and community organizations that support the Summer Events Program offered by the Town of Whitby.

1. That Council approve a new level of service associated with the introduction and ongoing implementation of a Community Garden Program; and, 2. That Council approve the proposed Community Garden Policy.

That Community and Marketing Services Department Report CMS 27- 17 regarding the potential relocation of the Brooklin Cenotaph be received as information.

That staff be authorized to negotiate directly with NexGen Municipal Incorporated for the purchase of one (1) haul-all garbage truck for the Parks Services group in Public Works.

That Council receive the Active Transportation and Safe Roads Advisory Committee - 2016 Annual Report as information.

That Report PW 17-17, regarding the proposed Mid-Block Arterial between Conlin Road and Winchester Road, be received for information.

1. That Council adopt Option 1 for the monthly leased rates and daily maximum rates as presented in this report (PW 20-17) and articulated in the May 1, PW 18-17 report; 2. That staff provide informational updates to the Downtown businesses, in addition to the Chamber of Commerce and Downtown Whitby Steering Committee regarding parking rates and discount opportunities and the scope of the upcoming Parking Master Plan to be initiated in 2017; and, 3. That Council direct the Clerk to bring forward a by-law to repeal and replace the Municipal Parking Lot By-law 4910-01; and to amend the Consolidated Fees and Charges By-law, whereas the Public Works schedule is reviewed annually and updated accordingly.

That the parking rates for monthly leased rates and daily maximum rates in the Town of Whitby remain status quo based on the 2016 rates until such time as the Town has reviewed the parking rates through the Page 25 of 33 Regular Council Minutes May 08, 2017 - 7:00 PM Parking Master Plan.

That Item 1 of the main motion be amended by adding the following after 'PW 18-17 report': 'save and except Lot 9 (Brooklin) which shall remain status quo based on 2016 rates for monthly leased rates and daily maximum rates until opportunities to set prices based on supply and demand are reviewed as part of the Parking Master Plan Study.'

1. That Council approve the Ward Boundary Review Guidelines Policy included as Attachment #1; and, 2. That MD 3183, Item #3, be removed from the Operations Committee New and Unfinished Business List.

1. That Council approve the Mayor’s Community Development Fund and Performing Arts Community Development Fund Policy included as Attachment #1, as amended in accordance with Resolution #128-17; 2. That Council approve the Grants Review Committee Terms of Reference included as Attachment #3; and, 3. That MD 3565 be removed from the Operations Committee New and Unfinished Business List.

That Council approve the Grant Submissions Policy included as Attachment #1.

1. That the Clerk be directed to bring forward a by-law to enact the proposed amendments to the Procedure By-law, substantially in the form appended to Report CLK 08-17 as Attachment 1; 2. That Section 2.12.2 of the Procedure By-law read as follows: “A member may, with the consent of two-thirds of the members present, introduce a motion under New and Unfinished Business Page 27 of 33 Regular Council Minutes May 08, 2017 - 7:00 PM which due to its urgent nature cannot be properly presented at a Meeting of Council in accordance with Section 3.14 or a Meeting of a Committee. Prior to introducing a formal motion, a member may provide clarity on the subject.”; 3. That Section 3.13(xiii)(1) of the Procedure By-law read as follows: “After a matter has been decided by Council, it shall only be reconsidered within 12 months following the decision of Council based on new information and if Council decides to do so by a Two-Thirds Vote, unless a regular election has occurred following the decision.”; and, 4. That the revisions to the Closed Meeting Policy appended to Report CLK 08-17 as Attachment 3 be approved.

Whereas the Service Delivery Review (SDR) identified the need for a IT Strategy; And Whereas the development of the IT Strategy is currently underway; Now Therefore Be it Resolved: That Staff be directed to report back through the IT Strategy on the Town’s existing e-commerce capabilities, that the IT Strategy provide guidance on how the Town should further develop its digital capabilities, and identify the resources needed to develop and maintain a modern website that will support current and future digital services.

That Council approve the Smoke Free Workplace Policy included as Attachment #1.

That Council approve the Occupational Health and Safety Guiding Principles Policy included as Attachment #1.

1. That Council approve the Customer Service Standards Policy included as Attachment #1; 2. That the CAO report back in the first quarter of 2018 with options to undertake a public opinion poll as outlined in the Customer Service Standards Policy; and, 3. That Staff report back to the Management Committee, through information reports, regarding how the Customer Service Standards Policy feedback data will be utilized as well as information on trends, outcomes and changes.

That a motion to introduce a matter pertaining to the Planning and Development Committee meeting scheduled for June 12, 2017 be allowed due to its timely and urgent nature.

That further to section 4.2.2 of the Procedure By-law, the starting time of the Planning and Development Committee meeting scheduled for June 12, 2017 be changed to 6:00 p.m.

That a motion to introduce a matter pertaining to the hiring of a part-time summer student to remove illegal signs be allowed due to its timely and urgent nature.

That Council approve the immediate hiring of a part-time summer student to remove illegally placed signs from Town boulevards at an annual cost of $7,300.

That leave be granted to introduce By-law # 7277-17 to # 7280-17 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 May 8, 2017 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 Town of Whitby accept the low bid as submitted by Wyndale Paving Co. Ltd. in the amount of $247,428.73, (includes alternate pricing provided) (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete construction works at Cullen Central Park as required by the Town of Whitby; 2. That the total estimated project cost in the amount of $313,000.63 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. The Community and Marketing Services and Public Works Joint Report CMS 23-17 regarding the Bike Friendly Bronze Designation, be received as information; 2. That the Town continue to work towards further improvements identified in the staff report that focus on providing safe, continuous cycling routes throughout Whitby and closing gaps in the cycling network; and, 3. That Bicycle Friendly signs being installed on the Welcome to Whitby signs at a cost of $1,500 and be funded from One Time Reserve.