Regular Council Meeting

Regular Council Minutes May 09, 2016 - 7:00 PM That the minutes be adopted.

That the proclamations for Nursing Week - May 9 to 15, 2016, Victims and Survivors of Crime Week - May 29 to June 4, 2016, National Health and Fitness Day - June 4, 2016, World Elder Abuse Awareness Day - June 15, 2016, Walk for Values Day - June 19, 2016, Lacrosse Day - June 25, 2016, Brain Injury Awareness Month - June 2016, Recreation and Parks Month - June 2016, Seniors' Month - June 2016, and the flag raising for Pride Week - May 30 to June 6 and Walk for Values - June 17 to 19, 2016, be endorsed.

1. That Council approve the application to amend the Town of Whitby Official Plan (OPA 2015-W/02) as Amendment No. 102 to the Whitby Official Plan, as shown on Attachment #5, subject to the comments and conditions contained in Section 8 of Planning Report Item No. 47-16; 2. That the Clerk forward a copy of Planning Report Item No. 47-16, two (2) copies of the adopted Amendment, and a copy of the by- law to adopt Official Plan Amendment No. 102 to the Region of Durham’s Commissioner of Planning; 3. That Council approve the application to amend Zoning By-law No. 1784, (Z-14-15), subject to the conditions contained in section 8 of Planning Report Item No. 47-16 and the Approval of Amendment No. 102 to the Whitby Official Plan; 4. The Town of Whitby will ensure that the applicant has submitted Page 5 of 28 Regular Council Minutes May 09, 2016 - 7:00 PM a Record of Site Condition (RSC) to the Ministry of the Environment and Climate Change (MOECC) for the subject property known municipally as 95 Taunton Road East (assessment roll number 180903002402300); 5. Furthermore, following the approvals of both the Official Plan and Zoning By-law Amendment applications (file numbers OPA 2015- W/02 and Z-14-15), the Town of Whitby will also withhold any permits and future development permissions/approvals until such a time the above referenced RSC is acknowledged and MOECC has advised the RSC has not been selected for audit; 6. The Region of Durham will require a copy of the MOECC’s RSC ackno

1. That Planning and Development report PL 44-16 be received for information; and, 2. That Council adopt the architectural/urban design guidelines as found in Attachment #1 for use by Developers, Builders and Designers in the West Whitby Community.

That the main motion be amended by adding the following after 'Community': and that the changes outlined in the memorandum, dated May 9, 2016, from R. Short, Commissioner of Planning, be incorporated into the guidelines.

1. That Planning Report PL 49-16 be received for information; and, 2. That Council approve the recommendations as set out in Planning and Development Report PL 24-16.

That Item 2 of the main motion be amended by adding the following after 'PL 24-16': and that the changes to Attachment #7 of PL 24-16 as outlined in the memorandum, dated May 9, 2016, from R. Short, Commissioner of Planning, be approved.

Page 8 of 28 Regular Council Minutes May 09, 2016 - 7:00 PM 1. That Council receive the Whitby Sustainability Advisory Committee 2015 Annual Report as information; and, 2. That the Whitby Sustainability Advisory Committee terms of reference be amended to add two appointees from the Whitby Youth Council as non-voting members for a term beginning in September until June each year.

That Council approve Sign By-law Variance Application SB-02-16 to the Town of Whitby Sign By-law 5695-05 for the new Tim Hortons location on lands municipally known as 910 Dundas Street West in accordance with the following amendments: a) To increase the menu board sign area from 1.0 square metre to 3.7 square metres, for a maximum of one (1) menu board sign; b) To increase the menu board sign height from 2.0 metres to 2.2 metres; and, c) To reduce the minimum distance above the adjacent grade for three (3) surface mounted window box (wall signs) to 0.7 metres, whereas a minimum of 2.5 metres is required.

1. That Planning Report Item PL 41-16 be received as information; and, Page 9 of 28 Regular Council Minutes May 09, 2016 - 7:00 PM 2. That the Clerk forward a copy of this report 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, and the Whitby Sustainability Advisory Committee.

The Item 2 of the main motion be amended by adding the following after 'Committee': Durham Region Roundtable on Climate Change.

1. That the joint Planning and Development and Whitby Fire and Emergency Services Report PL 42-16 be received for information; and, 2. That Staff, in consultation with the Region of Durham Public Works Department, provide additional information in regard to infrastructure servicing and dwelling unit sprinkler design requirements to the meeting of the Planning and Development Committee held on May 16, 2016.

1. That Planning Report PL 45-16 be received for information; 2. That Council request, for reasons outlined in Report PL 45-16, that the Region of Durham initiate a Regional Official Plan Amendment to delete the reference to “places of worship” in Regional Official Plan Policy 8C.2.2, as outlined on Attachment #1; 3. That the Region of Durham be requested to initiate the proposed amendment separately from, and in advance of, a municipal comprehensive review of the Durham Regional Official Plan; and, 4. That the Clerk forward a copy of Council’s resolution and this report to the Whitby Ethno-Cultural & Diversity Committee, the Region of Durham and all local area municipalities within the Region of Durham.

1. That Community and Marketing Services Report CMS 31-16 Page 11 of 28 Regular Council Minutes May 09, 2016 - 7:00 PM regarding the Town of Whitby Platinum Level Youth Friendly Community Recognition be received as information; and, 2. That Council recognize the Whitby Youth Council and Whitby Youth Network Committee for their ongoing contributions in helping the Town of Whitby achieve the highest level of recognition as a Youth Friendly Community.

1. That Council approve the recommendations of the Whitby Harbour Day Committee of Council regarding the proposed activities for the 2016 Whitby Harbour Day as outlined in the Community and Marketing Services Department Report CMS 27- 16; 2. That Council authorize Staff to request approval from the Region of Durham for the Town of Whitby to undertake a road closure on Brock Street South for the duration of the Dentistry on Dundas fireworks display; and, 3. That Council approve the proposed date of July 23 for Whitby Harbour Day 2016.

1. That Council direct staff to negotiate and prepare a lease agreement with Elexero Hockey for pro shop space at the Iroquois Park Sports Centre and McKinney Centre; and, Page 12 of 28 Regular Council Minutes May 09, 2016 - 7:00 PM 2. That the Mayor and Clerk be authorized to execute the lease agreement.

1. That Council approve the proposed Downtown Music Festival (Blues Fest) and the associated activities to be held Saturday, June 25, 2016 in downtown Whitby, subject to the terms and conditions outlined in the joint Departmental report CMS 2-16; 2. That Council authorize the use of the former Fire Hall building located at 201 Brock Street South and the north portion of adjacent Town parking lot number 4 for the event; 3. That Council authorize the closure of Colborne Street between Byron Street and Green Street and Brock Street South between Dunlop Street and Dundas Street from 8:00 a.m. to 11:00 p.m. on Saturday, June 25,2016; 4. That Council provide an exemption to the Town’s Noise By-law #6917-14 during the hours of the proposed Downtown Music Festival; and, 5. That Council approve the allocation of municipal resources and costs for the event which would be funded from the Community and Marketing Services Department Special Events 2016 Operating Budget (an amount of $4,000 is included in the Operating Budget for this event).

Page 13 of 28 Regular Council Minutes May 09, 2016 - 7:00 PM 1. That Report LS 13-16 be received for information; 2. That Council approve the proposed fees for services and activities provided by the Legal and By-law Services Department as outlined within Report LS 13-16; and, 3. That the Clerk be directed to bring forward a by-law to give effect to the recommendations contained in Report LS 13-16.

1. That Report CLK 14-16 of the Office of the Town Clerk be received for information; 2. That Council approve the Public Notice Policy as shown in Attachment #1 to this report; and, 3. That the Clerk be directed to bring forward a by-law for enactment to repeal By-law #5183-03.

1. That Report CLK 15-16 from the Office of the Town Clerk be received for information; and, 2. That the Clerk be directed to bring forward a by-law to amend Procedure By-law 7072-15, substantially in the form of the draft by-law appended as Attachment #1 to this report.

1. That Whitby Town Council hereby declares their support for the application made by 5 Paddles Brewing Company, located at 1390 Hopkins Street for a Manufacturer’s Limited Liquor Sales Licence (“By the Glass”) to the Alcohol and Gaming Commission of Ontario (AGCO); and, 2. That the Clerk provide written notice to the Alcohol and Gaming Commission of Ontario (AGCO) and 5 Paddles Brewing Company notifying them of Council’s resolution confirming its support.

1. That the Town of Whitby accept the low tender as received from Eagleson Construction in the amount of $2,636,801.13 (plus applicable taxes) for all labour, materials and equipment necessary to complete the reconstruction of Byron Street, Trent Street and Keith Street; 2. That the Town of Whitby’s portion of the estimated project cost in the amount of $2,213,000.00 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 of Anthony Furlano Construction Inc. in the amount of $113,089.00 (excluding taxes) for the replacement of chain link fence as required by the Town of Whitby; 2. That the total estimated cost in the amount of $140,079.36 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 of Serve Construction Ltd. in the amount of $748,892.50 (excluding taxes) (with reduction of Craydon Road) for the sidewalk replacement as required by the Town of Whitby; 2. That an over expenditure in the amount of $102,400.00 be approved and funded from the Maintenance Reserve and Arena Reserve, Growth Reserve Fund and Development Charges; 3. That the total estimated project cost for the Town of Whitby, in the amount of $870,000.00 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 Georgian Chevrolet Buick GMC in the amount of $62,300.00 (plus applicable taxes) for the supply and delivery of two (2) mid-size SUV’s; 2. That the total estimated project cost for the Town of Whitby in the amount of $67,396.48, 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 bid as received from W.M Weller Tree Service Ltd. in the amount of $213,060.00 (plus applicable taxes) for an eight (8) month seasonal contract for ash tree removal services; 2. That the total estimated eight (8) month project cost for the Town of Whitby in the amount of $239,000.00 be approved; 3. That approval be granted for the option to extend the contract for one (1) additional year term provided the Company’s performance is satisfactory and subject to 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 tender of 2220742 Ontario Ltd o/a Bronte Construction. in the amount of $288,999.25 (excluding taxes) for the culvert rehabilitation on Willis Avenue and culvert replacement on Ashburn Road as required by the Town of Whitby; 2. That the total estimated project cost for the Town of Whitby, in the amount of $405,000.00 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

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 33-16.

That applications for cancellation, reduction, adjustment and/or refund of taxes be approved as listed in this report, in the amount of $2,153,137.41 for the taxation years 2008 to 2015 inclusive.

1. That the tax rates for the year 2016 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, 2016 and September 26, 2016; 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 2016 in accordance with the approved budgets and regulations.

1. That Report PW 14-16 be received as information; Page 19 of 28 Regular Council Minutes May 09, 2016 - 7:00 PM 2. That Phase 3 of the street light conversion program with an estimated cost of $625,150.00 be advanced from 2017 to 2016 for all square pack street lights (1,401), to be funded from the existing approved LED budget; 3. For Downtown Whitby and Brooklin, the replacement of the existing decorative and cobra head HPS streetlights as shown in Attachments #1 and #2 be investigated further for possible replacement to decorative style LED street lights; and, 4. That a copy of Report PW 14-16 be forwarded to Whitby Hydro.

1. That an all-way stop control be installed at the intersection of Gilbert Street East and Green Street; 2. That Council authorize the Clerk to bring forward an amending By-law to Traffic By-law 1862-85, for Council approval; and, 3. That a copy of the Report PW 15-16 be provided to the Durham Region Police Service.

1. That an all-way stop control be installed at the intersection of Country Lane and Vineyard Avenue/Bridgid Drive; 2. That Council authorize the Clerk to bring forward an amending By-law to Traffic By-law 1862-85, for Council approval; and, Page 20 of 28 Regular Council Minutes May 09, 2016 - 7:00 PM 3. That a copy of the Report PW 17-16 be provided to the Durham Region Police Service.

That Council receive for information Whitby Fire and Emergency Services’ (WFES’) 2015 Annual Report.

That Report FR 05-16 of Whitby Fire and Emergency Services be received for information.

That Council approve the addition of a Chaplain with critical incident training and experience to provide spiritual and mental health services to Whitby Fire and Emergency Services (WFES) personnel as needed. Page 21 of 28 Regular Council Minutes May 09, 2016 - 7:00 PM

That Council approve the expansion of the number of reserve fire apparatus from two to three.

That staff investigate developing a procedure to outline the requirements for correspondence distributed to Members of Council, such as the requirement to provide the author's full name and address.

That Council consider motions in accordance with Section 2.12.2 of the Procedure By-law regarding support for the Fort McMurray wildfire disaster relief, Ontario Municipal Board (OMB) reform, and support for Bill 158 – Saving the Girl Next Door.

Page 23 of 28 Regular Council Minutes May 09, 2016 - 7:00 PM Whereas human trafficking is a heinous crime that has been

Whereas the Council of the Town of Whitby expresses its deepest support to those impacted by the Alberta wildfires in the Fort McMurray area; Whereas there is a need for assistance for those who have been displaced and are responding to the disaster; Now Therefore Be it Resolved: Page 24 of 28 Regular Council Minutes May 09, 2016 - 7:00 PM That $2,000 be donated to the Association of Municipalities Ontario (AMO) as part of the Federation of Canadian Municipalities and AMO’s call to action; and, That the financial contribution from the Town of Whitby be sent forthwith in order to receive matching dollars from the Federal and Alberta governments.

Whereas municipalities spend an incredible amount of resources and taxpayer money developing an Official Plan; and Whereas a municipalities Official Plan is ultimately approved by the Province; and Whereas it is within the legislative purview of Municipal Council to approve Official Plan amendments or Zoning By-law changes that better the community or fit within the vision of the Cities/towns Official Plan; and Whereas it is also within the legislative purview of Municipal Council to deny Official Plan amendments or Zoning By-law changes that do not better the community or do not fit within the vision of the municipality's Official Plan; and Whereas planning decisions may be appealed to the Ontario Municipal Board (“OMB”), an unelected, appointed body that is not accountable to the residents of the Greater Golden Horseshoe; and Whereas appeals of OMB decisions are limited to questions of law, not the findings of facts in a case; and Whereas all decisions—save planning decisions—made by Municipal Council are similarly only subject to appeal by judicial review and such Page 25 of 28 Regular Council Minutes May 09, 2016 - 7:00 PM appeals are limited to questions of law; The Town of Whitby supports the call on the province to take immediate action to review the powers and process of the Ontario Municipal Board, an unelected body, that is not accountable to the residents, to ensure that the OMB is respectful of municipal planning policies and local decision making and complies wit

That leave be granted to introduce By-law # 7132-16 to # 7143-16 and to dispense with the readings of the by-laws by the Clerk and that the Page 27 of 28 Regular Council Minutes May 09, 2016 - 7:00 PM 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 9, 2016 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 application for a Draft Plan of Condominium (CW-2016-02) subject to the conditions of approval in Section 8.0 of Planning Report Item PL 48-16; 2. That the Mayor and Clerk be authorized to execute the Condominium Agreement for the subject property; and, 3. That the Clerk advise the Commissioner of Planning at the Region of Durham of Council’s decision.