Regular Council Meeting

That the Special Council minutes of April 16, 2018, the Regular Council minutes of April 16, 2018, the Special Council minutes of April 25, 2018, and the Special Council minutes of April 30, 2018, be adopted.

That the proclamations for Nursing Week, International Day Against Homophobia and Transphobia and Bike Month, and flag raisings for International Day Against Homophobia and Transphobia and Pride Week be endorsed.

1. That Council approve an amendment to Zoning By-law 1784 (Application Z-12-17) subject to the conditions contained in Report PL 21-18; 2. That the Zoning By-law Amendment be brought forward for consideration by Council; 3. That Council approve the development plans for the subject land (Site Plan Application SP-15-17) subject to: a. the completion of revisions to the proposed plans as outlined in Report PL 21-18; and, b. the conditions of approval set out in Attachment #10 of Report PL 21-18; 4. That the Mayor and Clerk be authorized to execute the Site Plan Agreement; and, 5. That subject to the approval of the Zoning By-law Amendment (Application Z-12-17) and Site Plan (Application SP-15-17), Council approve Heritage Permit HP-05-17.

That Report No. PL 23-18, Downtown Whitby Action Plan April 2018 Update, be received for information.

1. That Council endorse the “Memorandum of Understanding between The Corporation of the Town of Whitby and the Downtown Whitby Business Improvement Area Board of Management” in Attachment #1 to Report PL 25-18; 2. That staff from the Sustainability, Heritage, Downtowns and Community Development Division of the Planning and Development Department be assigned as the Town contact and Page 7 of 32 Regular Council Minutes May 07, 2018 - 7:00 PM liaison for normal operations for the Downtown Whitby BIA Board; 3. That the Town Clerk be authorized to execute the MOU, and be delegated the authority to make amendments thereto subject to such amendments being mutually agreed upon by the BIA Board of Management and the relevant Town Departments; and, 4. That MD-3711 be removed from the new and unfinished business list.

That Planning and Development Department Report, PL 19-18 be

1. That the Notice of Intent to Designate the Brooklin Community Centre, located at 45 Cassels Road East, be published as per Section 29 (1.1) of the Ontario Heritage Act, R.S.O. 1990 c. O.18, as amended; 2. That, if there are no objections to the designation in accordance with Section 29 (6) of the Ontario Heritage Act, the Clerk be authorized to introduce the by-law designating the property under Part IV, Section 29 of the Ontario Heritage Act; 3. That, if there are objections in accordance with Section 29 (7) of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Conservation Review Board; 4. That By-law # 3721-13, which designated the Brooklin Pioneer Cemetery under Part IV of the Ontario Heritage Act, be amended to reflect the proper legal description of the lot; and, 5. That MD 3535 be removed from the new and unfinished business list.

That the Streetside Patio Project be expanded in 2018 to include another Downtown Whitby business. Page 10 of 32 Regular Council Minutes May 07, 2018 - 7:00 PM

1. That the Whitby Community Beautification Committee's name be changed to the Whitby in Bloom Committee; and, 2. That the Town Clerk be authorized to take the necessary action to give effect thereto.

That Council approve the membership fee for CCDI to be covered by reserve funding in the amount of $3000.00.

1. That report CAO 08-18 be received for information; 2. That staff be directed to prepare an agreement between the Durham Region Farmers’ Market Association and the Town of Whitby for use of Celebration Square for one year effective May 23rd, 2018; and, 3. That MD- 3948 be removed from the new and unfinished business list.

That Public Works Report PW 18-18 National Public Works Week and Open House May 24, 2018 be received for information.

1. That the Community and Marketing Services Department (Economic Development Division) Report CMS 16-18, in consultation with the Planning and Development Department, regarding the Employment Lands Investment Readiness Assessment be received; 3. That Council request the Region of Durham amend its regional share policy to permit developers of employment lands to collect from benefiting lands owners; 4. That the Clerk forward a copy of Staff Report CMS 16-18 to the Region of Durham Planning and Economic Development, Finance and Public Works Departments and to the Ministry of Transportation; and, 5. That the Clerk forward a copy of Report CMS 16-18 to Celina Caesar-Chavannes, Member of Parliament for Whitby, and Lorne Coe, Member of Provincial Parliament for Whitby-Oshawa.

2. That Council request servicing for the employment lands in the Brooklin Secondary Plan be included and implemented within the Region of Durham’s initial five (5) years of the new Development Charges By-law and corresponding ten (10) year Capital Plan to support jobs growth.

1. That Council direct staff to issue a tender for the repairs to the Scotiabank Arena 1 roof at Iroquois Park Sports Centre; 2. That Staff be authorized to award the project to the low compliant bidder, and; 3. That the total project cost estimated to be $225,000 be funded from the Maintenance Reserve.

1. That Community and Marketing Services Department Report CMS 19-18 regarding the proposed Whitby Waterfront Park Concept Plan be received; 2. That Council endorse the proposed Waterfront Park Concept Plan that would incorporate the Rowe House and the waterfront lands east on Front Street to Brock Street; 3. That Front Street Park be re-named ‘Shirley Scott Park’, after former Councillor and community member Shirley Scott, as permitted within the Municipal Property and Naming Policy; 4. That Council direct Parks Staff to refer and include the project in the 2019 Draft Capital Budget for consideration; and, 5. That item MD-4191 pertaining to the Whitby Waterfront Park be lifted from the New and Unfinished Business list.

1. That Council approve the recommendations and comments within Community and Marketing Services Report CMS 20-18 on accessible employment standards; 2. That the Clerks Department forward a copy of this report to the Accessibility Directorate of Ontario as the official comments from the Town of Whitby related to the initial recommendations on the Accessibility Employment Standards review; and, 3. That a copy of Council’s resolution together with Community and Marketing Services Report CMS 20-18 be circulated to Human Resources and the Accessibility Advisory Committee.

1. That Community and Marketing Services Department Report CMS 21-18 be received; 2. That Council direct that a senior playground equipment change be implemented at Fallingbrook Park, and that Staff include the specifications for a platform based senior play equipment within the 2018 Playground Equipment Replacement Program Request for Proposal and that $85,000 for the purchase, installation and site work be funded from the One Time Reserve; and, 3. That item MD-4166 pertaining to the Fallingbrook Park senior playground equipment opportunities be lifted from the New and Unfinished Business list.

That Council approve the IKEA Naming Rights Sponsorship at Iroquois Park Sports Centre (IPSC), including renaming Arena 5 to ‘IKEA Arena 5’, under the terms and conditions identified in Community and Marketing Services Department (CMS) Report CMS 22-18.

1. That Council authorize repairs be undertaken to the Whitby Lawn Bowling Facility; 2. That the Whitby Lawn Bowling Club coordinate the selection and award of the repair work to the preferred general contractor(s); 3. That the general contractor(s) chosen by the Whitby Lawn Bowling Club be subject to the Town’s terms and conditions including insurance requirements; 4. That construction oversight be provided by the Parks Development Section and the Facilities Capital Projects Section of the Community and Marketing Services Department; 5. That if the full scope of repairs cannot be completed to allow for the start of the 2018 lawn bowling season, that temporary emergency repairs be coordinated by the Community and Marketing Services Department; 6. That the Town provide up to $40,000 from the Maintenance Reserve to top-up the Whitby Lawn Bowling Club’s budget to complete the construction and rehabilitation of the lawn bowling green; and, 7. That Council authorize the Mayor and Clerk to sign any documents necessary for the project, including the Construction Agreement and Memorandum of Understanding between the Town and the Club and any other related documents.

That Community and Marketing Services Department (CMS) Report Page 17 of 32 Regular Council Minutes May 07, 2018 - 7:00 PM CMS 24-18 pertaining to the sponsorship of McKinney Youth Room fueled by Booster Juice be received and similar sponsorship for the Brooklin Youth Room be considered.

1. That the 2019 Budget Process and Calendar outlined in this report be approved by Council and that the Town Clerk establish the meeting dates; and, 2. That the Commissioner of Corporate Services/Treasurer be authorized to initiate any changes for the 2019 Budget format that may enhance and ensure the information support the guiding financial principles of: • Incorporate a long term perspective; • Establish linkages to broad organizational goals; • Focus decisions on results and outcomes; • Involve and promote effective communication with stakeholders; and, • Promote program efficiency and effectiveness.

1. That the Town of Whitby accept the low bid as submitted by Miller Paving Limited in the amount of $411,767.84, (plus applicable taxes) for all labour, materials, equipment and supervision Page 18 of 32 Regular Council Minutes May 07, 2018 - 7:00 PM necessary to complete surface treatment, slurry seal and micro surfacing (T-513-2018) as required by the Town of Whitby; 2. That the Total Project Cost of $449,014.95 be approved; 3. That the Mayor and Clerk be authorized to execute the contract documents; 4. That an increase in budget be approved by an additional $130,000.00 to T501-2018 awarded to Sanscon Construction Ltd for the additional work of resurfacing of Columbus Road from Montgomery Road to 675m west; and, 5. That the scope of work under T-501-2018 Urban Road Resurfacing and Overlay awarded to Sanscon Construction Ltd be amended and the revised total project cost of $5,108,650.00 be approved.

1. That the Town of Whitby accept the low bid as submitted by Upper Canada Road Services Inc. in the amount of $203,250.00, (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete spring and fall pavement routing and crack sealing as required by the Town of Whitby; 2. That approval be granted to increase the scope of work by an additional $66,625.00 (plus applicable taxes) and award to Upper Canada Road Services Inc.; 3. That the annual Total Project Cost of $294,624.80 be approved; 4. That approval be granted to extend this contract for up to two (2) additional one (1) year terms based on satisfactory performance, product quality, acceptable pricing and budget approval; and, 5. That the Mayor and Clerk be authorized to execute the contract documents.

1. That report CS 23-18 of the Commissioner of Corporate Services/Treasurer be received as information; and, 2. That Council approve $140,000 funded from the Insurance Reserve Fund for Risk Management Initiatives as identified by the Treasurer.

1. That report CS 24-18 be received for information; 2. That Council authorizes the Treasurer to commit $1.15 million from the tax based budget released during the year-end review to fund future CITSP projects as identified in CS-11-18; and. 3. That Council approves financing for two in-camera projects with an upset budget of $200K for each project, financed from the one time reserve fund and when the anticipated external funds are received, the cost to the one time reserve fund will be offset by the funds received.

Page 20 of 32 Regular Council Minutes May 07, 2018 - 7:00 PM 1. That the Town of Whitby accept the low bid as submitted by Wyndale Paving Co. Ltd. in the amount of $179,491.35, (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete the Watford Street Improvements as required by the Town of Whitby; 2. That the Total Project Cost of $280,000.00 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 tender bid of Melrose Paving Co. Ltd. in the amount of $3,684,870.00 (plus applicable taxes) for the provision of (12) twelve roadway combinations trucks 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 two (2) additional one (1) year terms based on satisfactory performance, continued budget approval and approval of the equipment by the Commissioner of Public Works in the subsequent years; 3. That the total estimated contract amount of $3,749,723.71 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 bid as submitted by Steelcore Construction Ltd. in the amount of $5,505,000.00 (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete the requirements for the Operations Centre Expansion Phase One, as required by the Town of Whitby; 2. That an additional $310,649.00 of budget and the total project cost of $6,462,000.00 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That CS 29-18 be received as information from the Commissioner of Corporate Services/ Treasurer; 2. That Council endorse the recommendations as set out in Report CS 29-18; and, 3. That the Clerk be directed to send Report CS 29-18 to the Region of Durham as input to the update of the Regional Development Charge By-law.

1. That the Town of Whitby accept the low tender bid of Construction Solutions ASI Inc.in the amount of $729,159.00 (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete the Town Hall Interior Renovations/Millwork Project as required by the Town of Whitby; 2. That the total estimated contract amount of $966,992.19 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the tax rates for the year 2018 General Municipal Town Levies be approved as indicated in Schedule “A”, attached; 2. That the tax rates for the year 2018 Downtown Whitby Business Improvement Area (BIA) Tax Levy be approved for the properties located within the BIA district as indicated in Schedule “B”, attached; 3. That the tax due dates for the final tax bills for the Residential, Farmland, Pipeline and Managed Forest tax classes be June 25, 2018 and September 24, 2018; 4. 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; 5. That the due dates for the capped tax classes, as mentioned above, will be effective for both the General Municipal Town Levies and also for the BIA Tax Levies; and, 6. That a By-Law be brought forward to set the Town of Whitby due dates and levy rates for 2018 in accordance with the approved budgets and regulations for both the General Municipal Town Page 23 of 32 Regular Council Minutes May 07, 2018 - 7:00 PM Levies and BIA Tax Levy purposes.

1. That report No. CS 32-18 of the Commissioner of Corporate Services/Treasurer is received as information; and, 2. That the Treasurer be authorized to draw from reserves/reserve funds as required for the purposes of addressing the actual year- end position.

1. That Planning and Development Report PL 26-18 be received for information; 2. That Item MD-4127 be removed from the Planning and Development New and Unfinished Business; and, 3. That Council endorse Option 3 as outlined in Attachment #2 of Report PL 26-18 for implementation in 2018, to be funded through the Main Streets Revitalization Fund.

That staff be directed to review the opportunity and report back for the temporary use of the vacant property at Watson and Charles Streets for the purpose of a parking lot and the storage of boats and boat related equipment.

That Staff report back regarding the possibility of installing a second basketball net at Darren Park.

That staff investigate the possibility of finding an alternative location for the Sea Cadets along with housing options as suggested by the delegation and associated costs.

Whereas Parking Services and the Mayor's Office have received complaints about vehicles parked along portions of Baldwin Street/Highway 12; And whereas staff are aware that Highway 12 is a designated King's Highway and therefore a provincial highway; And whereas as Highway 12 is a King's Highway in which the Town does not have jurisdiction over, the Town is unable to pass parking restriction by-laws or enforce parking infractions given the current provincial legislative scheme; And whereas, unlike for maintenance and repair of provincial highways by municipalities, current provincial statutes and regulations do not specifically permit the province to enter into agreements to allow municipalities to conduct parking enforcement on provincial highways. Now Therefore be it Resolved: 1. That Council direct staff to request that the Province of Ontario: a. amend the Highway Traffic Act to add provisions that would allow the Minister of Transportation to enter into agreements for the purpose of enforcing provisions of the Act, specifically as it relates to parking on provincially owned highways, including King’s Highways; and, b. amend section 223(1) of the Highway Traffic Act to add a provision to permit the Minister to appoint municipal law enforcement officers to carry out enforcement of the Act as it relates to parking on provincially owned highways, including King’s Highways within municipal boundaries.

1. That Council approve $150,000 in additional funding for the one- time capital costs to construct and furnish the leased office space for staff accommodations at 3000 Garden Street; and, 2. That the increased one-time capital costs be funded from the Long Term Financing Reserve.

That a motion to introduce a matter pertaining to community engagement for park retrofits be allowed due to its timely and urgent nature.

That Staff be directed to report back on opportunities for improvements to Community Open House procedures as it pertains to the retrofit of parks including but not limited to reaching out to local schools, pre- budget approvals and signage to increase community engagement in the process.

Page 27 of 32 Regular Council Minutes May 07, 2018 - 7:00 PM That a motion to introduce a matter pertaining to fishing in Town Parks be allowed due to its timely and urgent nature.

That Staff report back on legal fishing in Town parks, including Port Whitby, after consultation with the fishing community has occurred.

That the rules of order be suspended to allow for the introduction of Confidential Report CMS 26-18, Food and Beverage Operations at Town’s Arenas and Community Centres – Negotiations with Compass Group Canada due to its urgent nature.

That Council move in-camera in accordance with the provisions of Page 28 of 32 Regular Council Minutes May 07, 2018 - 7:00 PM Procedural By-law # 7072-15 and the Municipal Act, 2001, Section 239 (2)(c) proposed or pending acquisition or disposition of land by the municipality or local board; and (i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization.

That Council rise from the closed portion of the Regular Council Meeting.

That Council receive Confidential Community and Marketing Services Report CMS 26-18 and approve Town staff’s recommended revised major terms and conditions within the Lease Agreement with Compass Group Canada as outlined in Report CMS 26-18.

That Council move in-camera in accordance with the provisions of Procedural By-law # 7072-15 and the Municipal Act, 2001, Section 239 (2) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

That Council move to reconsider Resolution #175-18.

That leave be granted to introduce By-laws # 7402-18 and # 7403-18 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 May 7, 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 Council approve the development plans for the subject land (Site Plan Application SP-25-17) subject to: a. the completion of revisions to the proposed plans as outlined in Report PL 18-18; and, b. the conditions of approval set out in Attachment #7 of Report PL 18-18; and, 2. That the Mayor and Clerk be authorized to execute the Site Plan Agreement.

That report CAO 07-18 be received for information.