Committee of the Whole

1. That Council approve a proposed Zoning By-law Amendment (Z- 07-19) for the extension of a temporary use at 3825 Coronation Road. The temporary use is for a residential sales office for an additional three year period; and, 2. That the Zoning By-law Amendment be brought forward for Council’s consideration.

That Staff report back on the feasibility of adopting a complete streets policy and how a complete streets policy would impact current practices.

That Staff be directed to inquire regarding the intention of the Province to replace or enhance funding

That Report CLK 04-19 be received for information.

That Council move in-camera in accordance with Procedure By-law # 7462-18, Closed Meeting Policy G 040, and the Municipal Act, 2001, Section 239 (2) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Page 5 of 24 Committee of the Whole Minutes April 08, 2019 - 7:00 PM

That the Committee rise from the closed session of the Committee of the Whole meeting.

1. That the Town of Whitby accept the low bid as submitted by Four Seasons Site Development Ltd. in the amount of $3,268,482.50, (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete the Urban Road Resurfacing and Overlay Program as required by the Town of Whitby; 2. That Council approve budget of $590,000.00 to fund the Rossland Road West resurfacing project and that the funding source(s) be determined by the Treasurer; 3. That Council approve a new budgetary project of $150,000.00 related to the required road asbestos testing and that the funding source(s) be determined by the Treasurer; 4. That the Total Project Cost of $3,804,000.00 be approved; and, 5. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Report No. CS 19-19 Prudent Investor Standard for Municipal Investments: Next Steps of the Commissioner of Corporate Services/Treasurer be received for information; and, 2. That staff undertake further due diligence to determine the best approach to move to the prudent investor standard and report back to Council with a recommendation by the third quarter of 2019.

1. That the Town of Whitby accept the highest ranking proposal submitted by GHD Limited in the amount of $186,800.00 (plus applicable taxes) for the provision of Owner’s Engineering Services for the Des Newman Blvd. Overhead at CP Rail (Phase 1); 2. That the Total Project Cost (Phase 1) of $210,087.68 be approved; 3. That approval be granted to award Phase 2 in an estimated amount of $198,200.00 (plus applicable taxes, CPI) subject to satisfactory performance and subject to budget approval; 4. That approval be granted to award Phase 3 in an estimated amount of $98,700.00 (plus applicable taxes, CPI) subject to satisfactory performance and subject to budget approval; and, 5. That the Mayor and Clerk be authorized to execute the contract Page 7 of 24 Committee of the Whole Minutes April 08, 2019 - 7:00 PM documents.

1. That the Town of Whitby accept the low bid as submitted by Alineutility Limited in the amount of $365,141.24, (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete pole replacement as required by the Town of Whitby; 2. That the Total Project Cost of $411,567.72 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 in the amount of $311,116.25 (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 $346,591.89 be approved; 3. That Council approve a budget increase of $12,000.00 and that the funding source(s) be determined by the Treasurer; 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 D and G Property Maintenance Ltd. in the annual amount of $156,578.40 (plus applicable taxes) for the labour, materials, equipment and supervision necessary to complete a large multi-location area of urban boulevards grounds maintenance at various locations as required by the Town of Whitby for a three (3) year seasonal contract term; 2. That approval be granted to extend this contract for up to two (2) additional one (1) year seasonal terms provided the Successful Bidder’s performance is satisfactory, timely completion of work requirements, quality of work and budget approval in the subsequent years; 3. That the total estimated annual project cost for the Town of Whitby in the amount of $159,334.17 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

That Report CS 26-19 of the Commissioner of Corporate Services/ Treasurer be received for information.

1. That the Town of Whitby accept the low bid as submitted by 2SC Contracting Inc. in the amount of $194,206.00, (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete the splash pad replacement as required by the Town of Whitby; 2. That the budget for the Portage Park Splash Pad Replacement be increased to $226,755; with the funding source(s) to be determined by the Treasurer; 3. That the total project cost including contingency of $226,755 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents to give effect thereto.

1. That Council receive Community and Marketing Services Report CMS 10-19 regarding a proposed public-private agreement with Schlegel Villages Inc. to jointly develop Valleywood Park; 2. That in accordance with the provision of the Municipal Act, 2001, and the Town of Whitby’s Acquisition, Sale or Other Disposition of Land Policy and By-law, the Town give notice of its intention to sell a portion of the subject property, 40R-20470 Part 3 and 7, for the development of a parkette to Schlegel Villages Inc, (Attachment 1); 3. That the property be declared surplus and an advertisement be placed in the newspaper, a notice posted on the Town’s website and a sign installed on the property for not less than ten days; 4. That Parks Staff be directed to finalize the terms and conditions of the sale and park development agreement of a portion of the Valleywood Park property as outlined within Community and Marketing Services Report CMS 10-19 to Schlegel Villages Inc. for the purposes of developing a local park in perpetuity; 5. That provided no objection is received by the Town in connection with the proposed sale, that a by-law be brought forward to authorize the sale; and, 6. That Council authorize the Mayor and Clerk to execute the necessary documents to give effect thereto.

Page 11 of 24 Committee of the Whole Minutes April 08, 2019 - 7:00 PM 1. That Council endorse the Earth Day/Week activities outlined in Community and Marketing Services Report CMS 11-19; and, 2. That Council acknowledges the Earth Day/Week sponsors and organizers.

1. That Council approve a budget in the amount of $251,000 for the replacement of the condenser and chiller and related components at Luther Memorial Arena (LVMA); 2. That the funding source be determined by the Treasurer; and, 3. That Council approve the award of this project to CIMCO Refrigeration as a sole source for the supply, delivery and installation of the condenser and chiller at LVMA as an exception to the Town’s Purchasing Policy.

1. That Council authorize the Mayor and Clerk to execute two (2) public recreational licence agreements with Hydro One Networks Incorporated for the purpose of recreational trail construction and use, as detailed in Community and Marketing Services Report CMS 13-19; and, 2. That the Mayor and Clerk be authorized to execute the required licence agreements and all documentation to give effect thereto.

1. The Council receive Report CMS 14-19 on the ISO 37120 platinum-level certification from the World Council on City Data for information; and, 2. That Council direct Staff to report annually on ISO 37120 indicators for City Services and Quality of Life.

1. That Council approve using the vacant municipal property at Page 13 of 24 Committee of the Whole Minutes April 08, 2019 - 7:00 PM 1700 Charles Street for outdoor marina storage and vehicle parking subject to a successful minor variance application; 2. That a minor variance application be submitted to permit outdoor boat, trailer storage and vehicle parking; and, 3. That Council approve a budget of $100,000 for this project funded through development charges and the Marina Reserve Fund.

1. That Council approve funding of $25,000 for the Brooklin Cenotaph re-location project that would be reimbursed by the Brooklin Legion Branch 152 from a grant received from Veteran Affairs Canada once the project is complete; 2. That Council support the Cenotaph re-location project by providing additional funding of $14,000 to complete the landscaping works associated with the project; and, 3. That the Brooklin Cenotaph relocation project to be located to the square at the Brooklin Community Centre and Library be completed in time for the November 2019 Remembrance Day ceremonies.

That Item 4 be added to the main motion as follows: 4. That the Town of Whitby assume management of the Brooklin Cenotaph Re-location project with the assistance of Stafford Monuments in order to benefit the project with the municipal HST rebate on the total project costs. Amendment

That Council approve the proposed draft Security Policy as outlined in Community and Marketing Services Report CMS 17-19.

That the Mayor and Clerk be authorized to execute the agreement attached to Report LS 08-19 between Town Brewery and the Town of Whitby, including any other documents that are consistent with the principles contained in the agreement. Page 15 of 24 Committee of the Whole Minutes April 08, 2019 - 7:00 PM

1. That Council approve the proposed fees and services for the Legal and By-law Services Department as outlined within Report LS 09-19; and, 2. That the Town Clerk be directed to bring forward a by-law to amend the Fees and Charges By-law to give effect to the recommendations contained in Report LS 09-19.

1. That Report PW 15-19 regarding the Strategic Asset Management Policy be endorsed by Council; 2. That Staff continue to undertake asset management initiatives to remain in compliance with Ontario Regulation 588/17 and the Municipal Funding Agreement for the Transfer of Federal Gas Tax Funds; and, 3. That Staff Report back to Council in June 2019 with an updated Municipal Asset Management Plan. Page 16 of 24 Committee of the Whole Minutes April 08, 2019 - 7:00 PM

1. That based on their skills and experience and considerable knowledge of the area and project requirements, GHD Limited be retained as the Owner’s Engineer to assist Town staff with the oversight and project management of the Mid Arterial Roadway Environmental Assessment (EA) between the City of Oshawa and Cochrane Street through south Brooklin; 2. That the Town be a co-proponent in the Mid Arterial Roadway EA to be completed by Fieldgate Developments; 3. That GHD develop the Terms of Reference (TOR) for the Mid Block Arterial Roadway EA and work with Fieldgate Developments on the finalization of the TOR which will be issued by Fieldgate; 4. That the Town be a co-proponent on the selection team for the successful consultant to complete the EA and an approver for all payment certificates associated with the EA works undertaken by Fieldgate Developments; 5. That the Commissioner of Public Works be provided the authority to negotiate a scope of services agreement with GHD with estimated per annum costs in the order of $200,000 to be paid through the existing Mid Arterial Roadway capital budget; and, 6. That Town staff provide Council with regular status updates on the progress of the EA.

1. That Council receives this report for information, and; 2. That Council endorse and authorize staff to submit the comments in Attachment 1 regarding the Ministry of Environment, Conservation and Parks (MECP) request for comments by April 20, 2019 on “Reducing Litter and Waste in Our Communities”.

That the planned construction and installation of a sidewalk on the west Page 18 of 24 Committee of the Whole Minutes April 08, 2019 - 7:00 PM side of Ravensedge Court be cancelled.

That Staff be directed to prepare a report about the placement of a three-way stop at Whitby Shores Greenway and Scadding Avenue and report back to Council by Q4 2019.

That Staff review the merits of traffic calming features to address the speeding along McQuay Boulevard in the area of Colonel Farewell Public School including a particular focus on improved markings of the Page 19 of 24 Committee of the Whole Minutes April 08, 2019 - 7:00 PM two school cross walks and the creation of a general usage pedestrian cross walk to assist pedestrians in the area and report to Council.

Whereas, the Ontario Bingo Modernization Initiative proposed by the Alcohol and Gaming Commission of Ontario (AGCO) seeks to modernize Bingo Halls across the Province through the implementation of online electronic gaming; Whereas, to date the AGCO has worked on the implementation of online electronic gaming primarily with the Commercial Gaming Association of Ontario who represent only a portion of the entire bingo industry; and, Whereas, the proposed implementation of online electronic gaming creates an unfair advantage for those Bingo Halls who are selected for implementation and threatens the viability of traditional paper Bingo Halls; and, Whereas, the exclusion of certain Bingo Halls from the online electronic gaming model will severely reduce the amount of charitable funds that can be raised for partnered charities in certain regions of the Province. Now Therefore be it Resolved: 1. That the Council of The Corporation of the Town of Whitby hereby requests that the AGCO reconsider its position of modernizing certain Bingo Halls through the implementation of online electronic gaming while excluding others, and that the AGCO be requested to create an equal and level playing field for all Ontario Bingo Halls; and, 2. That the Clerk be directed to send a copy of this resolution to the AGCO, the Attorney General (Ontario), all Durham MPPs, and the City of Oshawa.

1. That in the interest of protecting sightlines and improving road safety by limiting the number of non-regulatory signs along highways and at intersections, that Staff be directed to develop a new standalone election sign by-law before the end of Q2 2019 that will achieve the following objectives; a. limiting the placement of election signs to 30 intersections/locations across the Town; b. maximum of 2 signs per candidate be permitted at each of the identified intersections/locations; c. that election signs be prohibited outside of the identified intersections/locations except for election signs displayed on private property with the consent of the property owner; d. that a maximum height for election signs be established; e. that the period of time that election signs can be displayed be reduced from 6 weeks from the date of an election to 4 weeks from the date of an election; f. that candidates for Mayor, Regional Councillor, Regional Chair, and School Board Trustee be permitted to place election signs at each of the identified intersections/locations; and, g. that candidates for Ward Councillor be permitted to place election signs at the identified intersections/locations within the Ward, but not elsewhere in the municipality, and, 2. For the purpose of Item 1(a), that Staff consider the following intersections/locations for review as potential intersections/locations for the placement of election signs with the understanding that some of these intersections are provinci

Whereas, concerns over the quality of the Municipal Voters List is not a new phenomenon; Whereas, in 2012, the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) published a Voters List Position Paper Page 22 of 24 Committee of the Whole Minutes April 08, 2019 - 7:00 PM and since that time has been advocating for transformational changes to the way that Ontario creates and maintains the Voters’ List for municipal elections; Whereas, the Preliminary List of Electors, which forms the Voters’ List in Ontario, is supplied by data from the Municipal Property Assessment Corporation (MPAC); Whereas, despite the incremental changes made by MPAC, MPAC has a limited ability to fix the currency and accuracy issues that impairs the current process and the Voters’ List continues to be flawed with data inaccuracies and outdated information; and , Whereas, a transformational solution to the way that the Voters’ List is created and managed is required. Now Therefore Be it Resolved: 1. That the Council of the Town of Whitby supports the re- establishment of the multi-stakeholder working group between the Ministry of Municipal Affairs, Ministry of Finance, AMCTO, MPAC, Elections Canada and Elections Ontario in exploring and identifying ways to create and maintain the Voters’ List for Municipal Elections; 2. That representatives from MPAC be invited to a future Committee of the Whole meeting to hear the Town of Whitby’s concerns and advise the Town of Whitby on what ste

That Staff be directed to review the Town’s Rebate Contribution Program under By-law # 6351-10 and report back on the uptake of the program from the 2018 Election and opportunities to increase local participation in the program for the 2022 election. Page 23 of 24 Committee of the Whole Minutes April 08, 2019 - 7:00 PM

That the meeting adjourn.