Regular Council Meeting

That the Special Council minutes of March 19, 2018, the Regular Council minutes of March 19, 2018, the Special Council minutes of March 22, 2018, the Special Council minutes of April 9, 2018, and the Special Council minutes of April 10, 2018, be adopted.

That the rules of procedure be suspended to allow the presentation to exceed the ten minute limit.

That the proclamations for National Day of Mourning, National Youth Week, Girls Rights Week, National Public Works Week, National Health and Fitness Day, World Elder Abuse Awareness Day, Recreation and Parks Month, Seniors' Month, and flag raising for Walk for Values, be endorsed. Page 5 of 24 Regular Council Minutes April 16, 2018 - 7:00 PM

That the 2017 Annual Report for the Whitby Sustainability Advisory Committee be received and endorsed.

That the 2017 Annual Report for the Heritage Whitby Advisory Committee be received for information.

1. That Council approve development plans for the northwest corner Page 6 of 24 Regular Council Minutes April 16, 2018 - 7:00 PM of Victoria Street East and Thickson Road South (Site Plan Application SP-07-17) subject to: a. the completion of revisions to the proposed plans as outlined in Report PL 15-18, including the addition of more parking spaces to a minimum rate of 0.6 parking spaces per 100 m2 of gross floor area; b. the conditions of approval set out in Attachment #8 of Planning Report PL 15-18; 2. That the Mayor and Clerk be authorized to execute the Site Plan Agreement; and, 3. That the Council approval be subject to a successful application to the Committee of Adjustment as identified in Section 4 of Report PL 15-18.

1. That Council approve development plans for City Homes, on lands municipally known as 215-234 Perry Street, 205 John Street East and the two (2) vacant lots to the south (Site Plan Application SP-09-17), subject to: a. The completion of revisions to the proposed plans as outlined in Report No. PL 16-18; and, b. The Conditions of Approval set out in Attachment #8 of Report No. PL 16-18; 2. That the Mayor and Clerk be authorized to execute a Site Plan Agreement; and, 3. That the Council approval be subject to a successful application to the Committee of Adjustment as identified in Section 4.4 of Report PL 16-18.

1. That Council approve Official Plan Amendment No. 110 (OPA- 2017-W/01), as shown on Attachment 2; 2. That a By-law to adopt Official Plan Amendment No. 110 be brought forward for consideration by Council; 3. That the Clerk forward a copy of Planning Report No. 17-18, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Official Plan Amendment No. 110, to the Region of Durham’s Commissioner of Planning; and, 4. That Items MD 3710 and MD 4175 be removed from the Planning and Development Committee – New and Unfinished Business list.

That Correspondence # 2018-113 received by the Town Clerk from Christine Raynor, Board Chair, Durham Region Hospice dated March 2, 2018 regarding a request for a land donation to support the development of ten (10) bed residential hospice and Palliative Care Centre of Excellence be received.

1. That Council approve the 2018 Downtown Whitby Business Improvement Area Budget and receive the 2017 Downtown Whitby Business Improvement Area's Annual Report as presented in Correspondence # 2018-187 received from Chris van der Vliet, Chair, Downtown Whitby BIA, dated March 9, 2018; and, 2. That the Clerk be directed to bring forward a by-law to approve the levy for the 2018 Downtown Whitby Business Improvement Area budget.

1. That the Town Clerk be directed to bring forward the draft Private Transportation Services By-law substantially in the form appended as Attachment 1 to Report CLK 07-18 for enactment; 2. That the Town Clerk be directed to bring forward a by-law to amend the Fees and Charges By-law #7220-17 to adopt the licensing fees as per Attachment 2 to Report CLK 07-18 with a Taxicab Broker fee of $100.00; 3. That the Commissioner of Legal and By-law Services and Town Clerk be directed to prepare a terms of reference for Council approval to create a quasi-judicial committee that will consolidate the current Property Standards and Animal Services Appeals Committees, in addition to being responsible for business licensing appeals and other matters; 4. That Staff be directed to engage Durham Area Municipalities and the Region of Durham to explore opportunities to adopt a standardized framework to regulate and license Designated Driving Services (DDS), and with the City of Oshawa as part of its ongoing monitoring of DDS licensing; and, 5. That the Clerk be directed to send correspondence to the Hon Tracy MacCharles, Minister Responsible for Accessibility, requesting that Transportation Network Companies be required to provide accessible transportation as part of the Minister’s review of the Transportation Standards made under the Accessibility for Ontarians with Disabilities Act.

1. That Block K, Plan M1133 as shown on Attachment 1 to this report be declared surplus for the purpose of a land donation to Durham Region Hospice; 2. That the Town give public notice of its intention to convey the subject property, identifying the anticipated future use, by placing an advertisement in the newspaper one time and by circulating notice to property owners who are within 120 meters of the subject property; 3. That provided no objection is received by the Town in connection with the donation, and provided Durham Region Hospice meets the conditions as set out in this report, a by-law be brought forward to authorize the conveyance of the required portion of Block K, Plan M1133; 4. That Staff be directed to issue a permit, including a building permit if necessary under the Building Code Act, to Durham Region Hospice under the Temporary Sign By-law to erect a sign in accordance with said By-law indicating construction of a hospice on the site; and, 5. That the Mayor and Clerk be authorized to execute the necessary documents to give effect thereto.

1. That Report CLK 06-18 be received; 2. That Council approve the 2019 Council and Committee Meeting Schedule appended as Attachment 1 to CLK 06-18; and, 3. That the Town Clerk take the necessary action to give effect thereto.

That Report CS 16-18 of the Commissioner of Corporate Services/ Treasurer be received for information.

1. That the Town of Whitby accept the low tender bid of FST Canada Inc. o/a Joe Johnson Equipment in the amount of $506,043 00 (plus applicable taxes) for the supply and delivery of one (1) Vacuum Sewer Cleaner; Page 12 of 24 Regular Council Minutes April 16, 2018 - 7:00 PM 2. That the total estimated contract amount of $517,449.35 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 Serve Construction Ltd. in the amount of $668,321.00 (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete sidewalk construction as required by the Town of Whitby; 2. That the Total Project Cost of $880,000.00 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

That report CAO 06-18 be received for information.

1. That Council endorse the Earth Day/Week activities outlined in Community and Marketing Services Report CMS 14-18; and, 2. That Council acknowledge and thank the Earth Day/Week sponsors and organizers.

1. That the Town adopt a “Traffic Safety Awareness Sign Campaign”, in accordance with the recommendations contained in this report and as outlined in the Memorandum from W. Mar, Commissioner of Legal and By-law Services dated April 16, 2018; 2. That Council approve the signs provided in Attachment 1 and endorse these signs as Public Information Signs in accordance with the Temporary Sign By-law # 5695-05 with inclusion in the by-law of a defined time period during which times the signs can be erected and displayed; 3. That funding in the amount of $5,000.00 be allocated effective April 2018 for the purchase of signs to be equally provided to Page 14 of 24 Regular Council Minutes April 16, 2018 - 7:00 PM Members of Council (est. 350 signs each) for distribution to residents; and, 4. That staff be directed to report back on the campaign in 2020, including any issues or challenges encountered, a recommendation to continue or discontinue the campaign, and future funding requirements.

That the main motion be amended by adding the following as Item 4 and the recommendation renumbered accordingly: That staff be directed to contact the Road Watch Committee to inquire whether they would be prepared to assist with the distribution of the traffic safety awareness signs.

1. That Council approve the proposed principles and recommendations for encroachments on Town lands as contained in Report LS 17-18; 2. That the Town Clerk be directed to bring forward a by-law to establish the Town lands encroachment principles and recommendations as contained in Report LS 17-18; and, 3. 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 17-18.

1. That Council receive Report LS 19-18 for information; and, 2. That the Clerk be directed to bring forward a Prohibited and Regulated Animals By-law to Council in accordance with this report.

1. That Council authorize staff to sole source and retain GHD to undertake the preliminary design, detailed design, and tender preparation for the widening of the Brock Street CNR/GO Overhead Bridge to accommodate a multi-use path; 2. That Council approve the advancement of $100,000 from 2020 to 2018 for the preliminary design, detailed design and tender preparation services for the widening of the Brock Street CNR/GO Overhead Bridge; and, 3. That the Mayor and Clerk be authorized to execute the necessary contract documents.

1. That Part of Lot 295, Part of Lots 296, 297, Plan H-50029, Part 23, 40R6389, be declared surplus for the purpose of sale to the adjoining land owner, subject to the conditions as set out in this report; 2. That the Town give public notice of its intention to sell the subject property by placing an advertisement in the newspaper one time; 3. That provided no objection is received by the Town in connection with the proposed sale, and provided the owner of 400 Mary Street East enters into a satisfactory development agreement, a by-law be brought forward to authorize the sale; 4. That a by-law be brought forward to stop up and close the portion of the road allowance from the property to be sold; and, 5. That the Mayor and Clerk be authorized to execute the necessary documents to give effect thereto.

Whereas the Town continues to face challenges with the dumping of fill, especially in its northern areas; And whereas the Town is able to amend its current Site Alteration By- law to cover conservation-regulated areas due to recent changes in the Municipal Act, 2001; Page 18 of 24 Regular Council Minutes April 16, 2018 - 7:00 PM And whereas the Town should further regulate the dumping and taking of fill in its boundaries in order to address traffic and noise concerns, while protecting residents and the environment from the effects of fill dumping; Now Therefore be it Resolved: 1. That staff be directed to make changes to the Town’s Site Alteration By-law to extend its provisions to CLOCA-regulated areas as well; and, 2. That staff also report back to the Operations Committee after the results of the OMB Hearing regarding 450 Myrtle Road with suggestions to further regulate and limit the amount of fill being removed and dumped within Whitby, including a review of the following issues: a. restricting the importation of fill from outside of Whitby; b. the site plan process regarding fill in Oak Ridges Moraine protected areas; c. limiting the amount of fill being brought into agricultural properties to that which is only necessary to support the agricultural use, and to prevent the creation of commercial fill operations; and, d. determine lessons learned as result of the OMB Hearing regarding 450 Myrtle Road.

That Staff report back on options to implement a community and/or neighbourhood sign program, including strategies for identifying community and/or neighbourhood boundaries.

That CAO Report 01-18 regarding 2017 Corporate Sick and Overtime Utilization be received as information.

1. That the revised Standards for Town Policies and Procedures CA 080 appended as Attachment 1 to Report CLK 08-18 be approved; 2. That the Chief Administrative Officer or designate be delegated authority to approve HR Policies as provided for in Appendix 1 to CA 080; and, 3. That the policies listed for repeal in Section 4 of Report CLK 08- 18 be hereby repealed.

Whereas nuisance growth of cladophora along the nearshore destroys Page 20 of 24 Regular Council Minutes April 16, 2018 - 7:00 PM fish habitat and deprives residents and visitors of the use and enjoyment of the waterfront and beaches; And whereas the Regions of Durham and York have commissioned an Environmental Assessment to address the outfall capacity limitations of the Duffin Creek WPCP; And whereas the waterfront of Whitby is an invaluable asset and assuring its cleanliness is essential to the well-being of our residents and future prosperity of our town; And whereas the waterfront of Whitby deserves respect, regard and protection consistent with the latest and ongoing provincial, federal and international research and strategies to investigate and reduce algae blooms in Lake Erie and Lake Ontario. Now Therefore be it Resolved: 1. That the Minister of Environment and Climate Change be advised of the strong concern of the Council of the Town of Whitby has about the negative social, recreational and economic impacts that would result from nuisance Cladophora on its waterfront; 2. That the Minister of Environment and Climate Change be requested to adopt a science-based approach to this matter ensuring that nutrients from all sources impacting the water quality of Lake Ontario are reduced in an appropriate and sustainable manner; and, 3. That the Clerk forward a copy of this resolution to the Minister of Environment and Climate Change, Durham Area Municipalities, the Regional

That leave be granted to introduce By-law # 7390-18 to # 7398-18 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 By-law # 7389-18 and to dispense with the reading of the by-law by the Clerk and that the same be Page 23 of 24 Regular Council Minutes April 16, 2018 - 7:00 PM 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 April 16, 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.