Regular Council Meeting

That the minutes be adopted.

Page 3 of 22 Regular Council Minutes May 11, 2015 - 7:00 PM That the proclamation for Pride Week - June 1 - 7, 2015, Recreation and Parks Month - June 2015 and the flag raising for International Day Against Homophobia/Transphobia - May 15, 2015 and for Pride Week - June 1 - 7, 2015, be endorsed.

1. That Council approve the Site Plan Application (SP-02-15) subject to the conditions of approval as set out in Section 8.0 of Planning Report PL 36-15; and, 2. That the Mayor and Clerk be authorized to execute the Site Plan Agreement.

1. That Council approve Zoning Amendment Application (Z-09-14) for the removal of the Holding (H) Symbol; 2. That the Zoning By-law to remove the Holding (H) Symbol be brought forward for Council’s consideration after the following conditions are met: a) A Building and Land Use Permit has been issued by the Ministry of Transportation with confirmation that storm water servicing facilities and/or capacities are available to service the proposed development; b) That the applicant applies and is granted approval by the Committee of Adjustment for a Minor Variance Application; and, c) That the applicant’s Heritage Permit Application (Town File No. H-05-15) be approved by Town Staff after consultation with LACAC Heritage Whitby in accordance with the Town of Whitby’s Heritage Permit and Delegation By-law (By-law No. 6769-13). 3. That Council approve Site Plan Application (SP-09-14) subject to the conditions of approval contained in Section 8.0 of Report Number PL 38-15 save and except, that the applicant apply for a minor variance to increase the permitted building height to allow for a pitched roof which would be in keeping with the roof line in the surrounding area; and, 4. That the Mayor and Clerk be authorized to execute the Site Plan Page 5 of 22 Regular Council Minutes May 11, 2015 - 7:00 PM Agreement.

That the following be added as Item 4 of the main motion and the recommendation renumbered accordingly: That the architectural renderings be provided and

That Council approve Sign By-law Variance Application SB-02-15 to the Town of Whitby Sign By-law 5695-05 for Starling Pools & Spa Ltd. onlands municipally known as 1645 Dundas Street West in accordance with the following amendment: a) To permit a minimum setback of 0.3 metres from a vehicular entrance for a pylon sign having a display surface equal to or greater than 3.0 metres above the ground; and, b) That as a condition of the pylon sign location variance and the issuance of a sign permit, the existing ground sign is to be removed.

1. That Planning Report Item PL 39-15 be received as information; and, 2. That a copy of this report be forwarded to the Durham District School Board, Durham Catholic District School Board, Whitby Hydro, Whitby Library, Station Gallery, Whitby Chamber of Commerce, Durham Region Astronomical Association, Abilities Centre, Whitby Sustainability Advisory Committee and the Whitby Environmental Youth Alliance.

1. That Council approve the Zoning By-law Amendment Application to Extend a Temporary Use (Z-05-15) for a period of three (3) years subject to the conditions of approval as set out in Section 8.0 of Planning Report PL 35-15; and, 2. That the amending by-law be brought forward for Council’s consideration.

1. That Council approve the proposed downtown Brooklin Beerfest to be held Saturday, June 20 in downtown Brooklin and Grass Park, subject to the terms and conditions outlined in Community and Marketing Services Department Report CMS 28-15; 2. That Council authorize the temporary closure of Roebuck Street adjacent to Grass Park for the event; and, 3. That Council provide an exemption to the Noise By-law No. 6917-14 during the hours of the proposed Brooklin Beerfest.

1. That Council endorse the Whitby In Bloom Committee of Council’s proposed 2015 Work Plan and the actions as outlined in Community and Marketing Services Report CMS 27-15; 2. That Council approve the Town’s participation in the 2015 Communities in Bloom Circle of Excellence Non Evaluated Program; and, 3. That Council approve that any surplus from the 2015 Operating Budget, be held in reserve and allocated to support the Town’s entry in future Communities in Bloom evaluated programs.

1. That the Town of Whitby accept the low compliant tender as received from D & D Trucking and Construction Services in the amount of $103,233.25 (including provisional item and excluding taxes) for the supply, apply, grade, shape and compact of road shoulders as required by the Town of Whitby; 2. That the total estimated project cost in the amount of $130,050.15 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 compliant tender as received from Blacktop Restorations Inc. in the amount of $93,077.60 (excluding taxes) for the repair of Town owned catch basins and/or storm sewer maintenance holes as required by the Town of Whitby; 2. That the total estimated project cost in the amount of $114,715.77 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 compliant tender as received from Slipform Construction in the amount of $444,403.00 (excluding taxes) for the sidewalk and boulevard construction in the Downtown core as required by the Town of Whitby; 2. That the total estimated project cost in the amount of $550,000.00 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

That Report CS 36-15 of the Commissioner of Corporate Services/Treasurer be received as information.

1. That Report CS 38-15 from the Commissioner of Corporate Services/Treasurer be received as information; and, 2. That Council authorize the Treasurer to internally borrow for cash flow purposes between the Town’s Development Charge Reserve Funds as required to finance the Development Charge portion of Page 10 of 22 Regular Council Minutes May 11, 2015 - 7:00 PM Council approved growth projects.

1. That the Town of Whitby accept the low tender bid of Durham Chrysler Dodge Jeep Ram LTD. in the amount of $61,260.00 (plus applicable taxes) for the supply and delivery of three (3), current model year, small compact SUV/Crossover vehicles; 2. That the total estimated project cost for the Town of Whitby in the amount of $70,738.18, be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the highest scoring proposal of LED Roadway Lighting Ltd. in the amount of $2,657,683.30 (excluding taxes) for a three year term to provide LED Luminaires to replace a select group of existing Town HPS streetlight fixtures; 2. That approval be granted for the option to extend the contract for two (2) additional one (1) year terms based on satisfactory performance, product quality, pricing, as well as budget approval for subsequent years; 3. That the total estimated project cost of $2,903,740.22 be approved; Page 11 of 22 Regular Council Minutes May 11, 2015 - 7:00 PM and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the highest scoring proposal of Dionne Bacchus & Associates Consulting Engineers Ltd. in the amount of $104,960 (excluding taxes) to provide consulting services for an Environmental Assessment – Ferguson Avenue as required by the Town of Whitby; 2. That the total estimated project cost in the amount of $125,000 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the tax rates for the year 2015 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 23, 2015 and September 24, 2015; Page 12 of 22 Regular Council Minutes May 11, 2015 - 7:00 PM 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 2015 in accordance with the approved budgets and regulations.

That applications for cancellation, reduction, adjustment and/or refund of taxes be approved as listed in this report, in the amount of $1,960,100.64 for the taxation years 2004 to 2014 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 the assessment values on certain properties within the Town of Whitby, as set out in Corporate Services Report, Item CS 46-15.

1. That Report No. CS 47-15 of the Commissioner of Corporate Services/Treasurer be received as information; and, 2. That staff be directed to bring forward for Council approval a policy for the Mayor’s Community Development Fund based on the recommendations in this report.

That Council approve a request from the Kids Safety Village of Durham Region (The Village) for a one time monetary contribution in the amount of $15,000 from one time Reserves towards their $700,000 fundraising campaign to refurbish and enlarge the Village, with this contribution being contingent upon the Board of Directors raising sufficient funds to Page 14 of 22 Regular Council Minutes May 11, 2015 - 7:00 PM allow the project to proceed.

1. That Community and Marketing Services Report CMS 22-15 regarding the Toronto 2015 Pan Am/Parapan Am Torch Relays and update be received for information; 2. That Council approve two municipal Torch Relay activations; one at Town Hall and one at the Brooklin Community Centre and Library; 3. That Council approve the temporary closure of Vipond Road between Montgomery Street and Price Street between 8:00 a.m. and 2:00 p.m. on Monday, June 8 to accommodate the Torch Relay and associated event activations, and; 4. That Council approve the temporary closure of the eastern section of the Whitby Civic Recreation Complex/Municipal Building Parking Lot between 6:00 p.m. Sunday, June 7 to 12:00 p.m. Monday, June 8.

1. That Council approve the replacement of the Whitby Seniors Services Van; 2. That the Whitby Seniors Services Van Program be enhanced to Page 15 of 22 Regular Council Minutes May 11, 2015 - 7:00 PM provide accessible taxi service and Durham Region Specialized Services as outlined in the staff report; and, 3. That the fee to ride the Whitby Seniors Services Van be increased from $1.50 to $2.00 per ride effective when the new van comes into service.

That Council adopt the proposed Storm Sewer By-law.

1. That the Town of Whitby accept the low tender bid of Environs Wholesale Nursery Ltd. in the amount of $544,557.00 (plus applicable taxes) for a three (3) year seasonal contract for the supply and delivery of trees; 2. That approval be granted to extend this seasonal contract for up to two (2) additional one (1) year terms based on the company’s product quality, satisfactory performance, proposed pricing and budget approval in the subsequent years; 3. That the budget of $378,878.14 for years two (2) and three (3) of this tender be preapproved and funded by one time reserves; 4. That the total estimated three (3) year project cost for the Town of Whitby in the amount of $615,676.14 be approved; and, 5. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the low tender bid of Wilderness Environmental Services in the amount of $898,500.00 (plus applicable taxes) for a three (3) year seasonal contract for tree planting and stump removal services; Page 17 of 22 Regular Council Minutes May 11, 2015 - 7:00 PM 2. That approval be granted to extend this seasonal contract for up to two (2) additional one (1) year terms based on the company’s product quality, satisfactory performance, proposed pricing and budget approval in the subsequent years; 3. That the budget of $625,136.00 for years two (2) and three (3) of this tender be preapproved and funded by one time reserves; 4. That the total estimated three (3) year project cost for the Town of Whitby in the amount of $1,015,844.10 be approved; and, 5. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the low tender bid of Melrose Paving Co. Ltd., in the amount of $1,156,425.00 (plus applicable taxes) for the provision of five (5) front end loaders with operators to supplement roadway plowing, sanding/salting operations during the winter season as required by the Town of Whitby for a five (5) year term; 2. That approval be granted to extend this seasonal contract for up to three (3) additional one (1) year terms based on satisfactory performance, continued budget approval and approval of the equipment by the Town’s Superintendent of Fleet in the subsequent years; 3. That the total estimated project cost for the Town of Whitby in the amount of $1,176,778.08, 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 Don Cordingly Gradall Rental Ltd., in the amount of $3,251,988.00 (plus applicable taxes) for the provision of twelve (12) roadway combination trucks with operators to supplement roadway plowing, sanding/salting operations during the winter seasons as required by the Town of Whitby for a five (5) year term; 2. That approval be granted to extend this seasonal contract for up to three (3) additional one (1) year terms based on satisfactory performance, continued budget approval and approval of the equipment by the Town’s Superintendent of Fleet in the subsequent years; 3. That the total estimated project cost for the Town of Whitby in the amount of $3,309,222.99, be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

That leave be granted to introduce By-law #6995-15 to 6999-15 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 Council take a short recess.

Page 20 of 22 Regular Council Minutes May 11, 2015 - 7:00 PM That Council move In-Camera in accordance with the provisions of Procedural By-law # 6794-13 and the Municipal Act, 2001, Section 239 (2) (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

That Council rise from the In Camera Session of the Regular Meeting of Council.

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 4, 2015 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.