Regular Council Meeting

That the Special Council minutes of March 4, 2019, the Regular Council minutes of March 4, 2019, and the Special Council minutes of April 8, 2019, be adopted.

That the proclamations for Human Values Day, Day of Mourning, BeADonor Month, Vaisakhi and Sikh Heritage Month, Bike Month, National Deafblind Awareness Month, and Hispanic Month, and the flag raising for International Day Against Homophobia, Biphobia and Transphobia be endorsed.

That the rules of procedure be suspended to hear a delegation from Kevin Lauzan, respresenting 2349500 Ontario Inc., regarding Item 6.2, PL 35-19. Page 4 of 31 Regular Council Minutes April 15, 2019 - 7:00 PM

1. That Council approve an amendment to Zoning By-law # 1784 (Application Z-24-18) subject to the conditions contained in report PL 35-19; and, 2. That the Zoning By-law Amendment be brought forward for consideration by Council at such time as the conditions outlined in Attachment #7 have been met.

1. That Council approve an amendment to Zoning By-law # 1784 (Application Z-28-18) subject to the conditions contained in Report PL 34-19; and, 2. That the Temporary Use Zoning By-law Amendment to permit a new car storage lot for a three year term be brought forward for Council’s consideration.

1. That Council approve the amendment to Zoning By-law # 1784, File: Z-05-18, as outlined in Planning Report PL 39-19; and, 2. That a By-law to amend Zoning By-law # 1784 be brought forward for consideration by Council.

1. That the Notice of Intent to Designate the Log Cabin, located at 300 Taunton Road West, be published as per Section 29 (1.1) of the Ontario Heritage Act, R.S.O. 1990 c. O.18, as amended; 2. That, 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, 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; and, 4. That By-law # 6406-10 be amended in accordance with Section 30.1 (2) (b) of the Ontario Heritage Act to reflect the updated legal description of the lot.

1. That the Rossland Road West and Des Newman Boulevard Urban Design Plan dated January 2019, prepared by Weston Consulting on behalf of ACE Developments, be endorsed by Council and used in the review, evaluation and consideration of pre-consultation and development applications on lands municipally known as 840 Rossland Road West; and, 2. That supplemental information be added to the Rossland Road West and Des Newman Boulevard Urban Design Plan by addendum in the future for lands at 900 Rossland Road West, and Block 391 on the West Whitby Holdings Inc. Subdivision File: SW-2013-04, Part Lot 33, Concession 2 at such time as they are ready to proceed with development.

1. That Council hereby delegates authority to the Commissioner of Planning and Development to prepare and execute subdivision and development agreements as a result of: a. A subdivision receiving the necessary Council approvals in accordance with the Planning Act; or, b. An agreement being requested as a requirement of a consent application made to the Durham Region Land Division Committee; and, 2. That Council direct the Clerk to bring forward an amendment to the Signing Authority By-law to effect the delegation. Page 7 of 31 Regular Council Minutes April 15, 2019 - 7:00 PM

That Staff be directed to report back about the installation of traffic signals at the intersection of Thickson Road and Glengowan Street.

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.

Page 8 of 31 Regular Council Minutes April 15, 2019 - 7:00 PM 1. That Report CAO 07-19 be received for information; 2. That the Special Events Policy (MS 200) be rescinded and replaced with the new Special Events Policy (Attachment 1); 3. That the Special Events Policy (Attachment 1) take effect May 1, 2019; 4. That the Special Events Procedure (Attachment 2), User Guide (Attachment 3), Application Form (Attachment 4) and Application Process Flow Chart (Attachment 5) be received; 5. That the Clerk be authorized to bring forward a By-law to provide for By-law Enforcement of the Town’s Special Events Policy; 6. That the Clerk be authorized to bring forward a By-law to amend the Fees and Charges By-law to incorporate Special Event fees as outlined in Section 5 of this report; and, 7. That Item MD 4209 be removed from the New and Unfinished Business List.

1. That report CAO 13-19 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 a term of three years effective May 1, 2019 to October 31, 2021.

1. That Public Works PW 09-19 is received as information; and, 2. That Public Works Staff provide Council with a final status update on the Emerald Ash Borer (EAB) in the fall of 2019.

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.

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 Page 11 of 31 Regular Council Minutes April 15, 2019 - 7:00 PM 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); Page 12 of 31 Regular Council Minutes April 15, 2019 - 7:00 PM 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 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 Page 13 of 31 Regular Council Minutes April 15, 2019 - 7:00 PM 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 Page 15 of 31 Regular Council Minutes April 15, 2019 - 7:00 PM 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.

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.

Page 17 of 31 Regular Council Minutes April 15, 2019 - 7:00 PM 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 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 the budget of $82,716 be approved for the relocation of the Brooklin Cenotaph and added to the 2019 capital budget; 2. That the funds received from the Brooklin Legion Branch 152 be Page 18 of 31 Regular Council Minutes April 15, 2019 - 7:00 PM used to finance the project and that any additional funding required be contributed by the Town with the source being determined by the Treasurer; and, 3. That Council approve the sole source award of the relocation of the Cenotaph to Stafford Monuments as an exception to the Town’s Purchasing Policy.

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.

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.

That consideration of Staff Report PW 16-19, Owner’s Engineering Service for Mid Arterial Environmental Assessment, be postponed to the May 27, 2019 Council Meeting to allow Staff to have additional dialogue with landowners. Page 21 of 31 Regular Council Minutes April 15, 2019 - 7:00 PM

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 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.

Page 22 of 31 Regular Council Minutes April 15, 2019 - 7:00 PM 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 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) and the Ontario Lottery and Gaming Corporation (OLG) seeks to modernize Bingo Halls across the Province through the implementation of online electronic gaming; Whereas, to date the AGCO and the OLG have 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; 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: Page 23 of 31 Regular Council Minutes April 15, 2019 - 7:00 PM 1. That the Council of The Corporation of the Town of Whitby hereby requests that the AGCO and the OLG reconsider its position of modernizing certain Bingo Halls through the implementation of online electronic gaming while excluding others, and that the AGCO and the OLG 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 OLG, the Attorney General (Ontario)

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 Page 24 of 31 Regular Council Minutes April 15, 2019 - 7:00 PM 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

That Item 1 of the main motion be amended to read as follows, and that Item 2 be deleted: That in the interest of sustainability, protecting sight lines, reducing sign clutter and improving road safety by limiting the number of non- regulatory signs along highways and at intersections for municipal elections, that Staff be directed to review best practices and report back after summer recess.

1. That in the interest of sustainability, protecting sight lines, reducing sign clutter and improving road safety by limiting the number of non-regulatory signs along highways and at intersections for municipal elections, that Staff be directed to review best practices and report back after summer recess.

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 and since that time has been advocating for transformational changes to the way that Ontario creates and maintains the Voters’ List for municipal elections; Page 26 of 31 Regular Council Minutes April 15, 2019 - 7:00 PM 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 steps MPAC

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.

1. That the tax rates for the year 2019 General Municipal Town Levies be approved as indicated in Schedule "A", attached; 2. That the tax rates for the year 2019 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 24, 2019 and September 24, 2019; 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 2019 in accordance with the approved budgets and regulations for both the General Municipal Town Levies and BIA Tax Levy Purposes.

That leave be granted to introduce By-laws # 7493-19 to # 7502-19 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 Page 30 of 31 Regular Council Minutes April 15, 2019 - 7:00 PM 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 15, 2019 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 the Town of Whitby accept the low bid as submitted by Onsite Contracting Inc. in the revised amount of $294,436.00 (plus applicable taxes), for all labour, materials, equipment and supervision necessary to complete Cul-de-sac and Ditch Modifications as required by the Town of Whitby; 2. That the Total Project Cost of $370,000.00 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

That Staff be directed to investigate potential traffic calming measures on Thistledown Crescent between Birchpark Drive and the future connection to Taunton Road and report back with recommended measures.