Regular Council Meeting

That the minutes be adopted.

That the proclamation for World Diabetes Day - November 14, 2014, be endorsed.

1. That Council approve the Site Plan Application (SP-04-14) subject to the comments and conditions contained in Section 8.0 of Planning Report PL 41-14; 2. That the Mayor and Clerk be authorized to execute the Site Plan Agreement.

1. That Council approve the Draft Plan of Subdivision (File No. SW- 2014-02) as illustrated on Attachment #2 subject to the conditions of approval as contained in Section 8.0 of Planning Report PL 52-14; 2. That staff be authorized to prepare a subdivision agreement; 3. That the Mayor and Clerk be authorized to sign any necessary documents; 4. That the Region of Durham Commissioner of Planning be advised of Council‟s decision; and, 5. That the Clerk forward a Notice of Decision to those parties and agencies who have requested to be notified of Council‟s decision.

1. That Planning Report Item PL 40-14 be received as information; 2. That the five year Corporate Energy Management Plan (See Attachment #1) be endorsed by Council; 3. That Council adopt by resolution, the following: a. The energy management vision for the Corporation: “The Town of Whitby will operate as an energy efficient Corporation as part of a healthy and sustainable Page 6 of 39 Regular Council Minutes June 30, 2014 - 7:00 PM community”; b. The five-year corporate targets of 12-16% reduction in energy intensity and 14-19% in greenhouse gas emissions; and, c. The interim targets to assist in tracking progress towards the five-year goals as outlined in Planning Report Item PL 40-14 and in the Corporate Energy Management Plan (see Attachment #1). 4. That Council approve the following Recommended Critical Actions as outlined in Planning Report Item PL 40-14: a. That the Sustainability Coordinator oversee and monitor implementation of the Corporate Energy Management Plan and report the Town‟s achievements annually; b. That all Departments work co-operatively with the Sustainability Coordinator to see the implementation of the Town‟s energy management work program; c. That each Department prepare an annual work plan and budget for the relevant actions of the Corporate Energy Management Plan; d. That Council direct staff to make the necessary funding application in 2014 to the Ontario Power Authority (OPA) saveONenergy program for funding for a temporary position for an Embedd

1. That Planning and Development Report PL 56-14 be received as information; 2. That Council direct Staff to report back on the establishment of an Evaluation Team, composed of Senior Management Staff, and the development of protocols, policy and criteria to review and evaluate unsolicited proposals with respect to selling or procurement opportunities for municipal properties; and, 3. That staff be directed to evaluate the business plan from the Brock Street Brewing Company and report back to Committee with a Page 8 of 39 Regular Council Minutes June 30, 2014 - 7:00 PM recommendation.

That Item 3 of the main motion be amended by adding the words 'the September 2, 2014 Planning' before the word 'Committee'.

1. That the Planning and Development Report PL 43-14 be received for information. 2. That the Guidelines be posted on the Town of Whitby website for information and use by developers, applicants and their consultants.

That Council approve Sign By-law Variance Application SB-01-14 to the Town of Whitby Sign By-law 5695-05 in accordance with the following amendments: 1. To permit a maximum of five (5) ground signs in addition to the permitted pylon signs for 75 Consumers Drive; 2. To permit the pylon sign at the Highway 401 frontage to have a maximum height of 11.5 metres and a maximum sign area of 28.0 square metres; and 3. That the previous sign by-law variances related to pylon signs being SB-11-99, SB-07-00 and SB-19-01 be revoked.

1. That Planning Report PL 46-14 be received as information; 2. That the Clerk forward a copy of Planning Report PL 46-14 to the Region of Durham, Planning and Economic Development Department.

1. That Planning Report Item No. PL 48-14 be received as information; Page 10 of 39 Regular Council Minutes June 30, 2014 - 7:00 PM 2. That a Notice of Intent to Designate the Henry Fliess House located at 520 Henry Street, be published as per section 29. (1.1) of the Ontario Heritage Act, R.S.OS 1990 c. O.18.; 3. 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; and 4. 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.

1. That Planning Report Item No. PL 49-14 be received as information; 2. That a Notice of Intent to Designate the Thomas Gallagher House, 319 Dunlop Street West be published as per section 29. (1.1) of the Ontario Heritage Act, R.S.O. 1990 c. O.18.; 3. 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; and 4. 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.

Page 11 of 39 Regular Council Minutes June 30, 2014 - 7:00 PM 1. That Planning Report Item, PL 50-14, regarding the Doors Open Whitby 2014 summary be received as information; 2. That the Doors Open Whitby Guidelines for Selection of Participating Sites (2014), be adopted for future Doors Open Whitby events; 3. That a copy of this Report and Council Resolution be forwarded to the following sites: Centennial Building, Station Gallery, Lynde House, Rowe House, Whitby Archives/Library, Trafalgar Castle, and Ontario Shores Centre for Mental Health Sciences.

1. That Planning Report No. PL 51-14 be received for information; 2. That Council adopt by Resolution the new corporate policy in Attachment #1, in accordance with the compliance requirements of the Integrated Accessibility Standards Regulation 191/11. 3. That the Town Clerk take the necessary action to give effect thereto.

1. That the Ontario Municipal Board be advised that Council supports the decision of the Committee of Adjustment to deny applications A/06/14 and A/07/14 to enable a proposed severance at 600 Byron Street South; and 2. That appropriate staff attend any Ontario Municipal Board hearing to Page 12 of 39 Regular Council Minutes June 30, 2014 - 7:00 PM advance Council‟s support of the Committee of Adjustment decision.

That Council approve Sign By-law Variance Application SB-03-14 to the Town of Whitby Sign By-law 5695-05 for Tim Horton‟s on lands municipally known as 1601 Champlain Avenue in accordance with the following amendments: 1. 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; and, 2. To increase the menu board sign height from 2.0 metres to 2.2 metres.

1. That Planning Report No. PL 55-14 be received as information; and 2. That Council authorize Planning staff to Apply to Participate to provide comments to the National Energy Board (NEB) on the proposed TransCanada Eastern Mainline natural gas pipeline.

1. That Community and Marketing Services Department Report CMS 35-14 regarding the Ethno-cultural and Diversity Advisory Committee of Council‟s recommended Translation Services and Inclusive Language Guide be received as information; 2. That Council approve the implementation of a translation phone service for the Town of Whitby; and, 3. That Council approve the adoption of the recommended Inclusive Language Guide for the Town of Whitby.

That the updated Terms of Reference for the Community Connection Committee of Council be approved.

1. That Council approve in principal the draft 2014 – 2018 Seniors Recreation and Leisure Services Strategy as outlined in Community and Marketing Services Report CMS 37-14; and, 2. That Council authorize Staff to proceed with the implementation of the strategies and development of the specific actions to achieve the objectives outlined in the draft 2014 – 2018 Seniors Recreation and Leisure Services Strategy.

That Community and Marketing Services Report CMS 38-14 regarding the 2014 Communities in Bloom National Judging, Judges Tour and Community Profile Book, be received as information.

1. That Community and Marketing Services Report CMS 39-14 regarding the Whitby Local Host Committee‟s proposed programs for the TO2015 Pan Am/Parapan Am Games be received as information; 2. That Council approve the Whitby Local Host Committee‟s proposed program activities for the TO2015 Pan Am /Parapan Am Games and that $8,000 required to support the 2014 program be funded from savings in the 2014 operating budget within the Community and Marketing Services Department; 3. That if the Whitby Local Host Committee is successful in securing funds from the Provincial Government under the TO2015 Ignite Program that $7,500 in municipal funding be allocated from one time reserves; and, 4. That Council endorse the Town of Whitby becoming a „Viva Bronze Level‟ Pan Am/Parapan Am Games designated host municipality.

1. That Community and Marketing Services Report CMS 40-14 regarding pier and Harbour divestiture and the Department of Fisheries and Oceans grant for Marina pier replacement be received as information; 2. That Staff report back to Council following the receipt of the Ministry of Environment report on sediment tests in the Harbour and further discussions with the Department of Fisheries and Oceans regarding the status of their Small Craft Harbour Divestiture Program, and; 3. That the Mayor forward a letter on behalf of the Town of Whitby thanking the Department of Fisheries and Oceans for the grant to be applied toward the 2014 Port Whitby Marina pier replacement project. Page 16 of 39 Regular Council Minutes June 30, 2014 - 7:00 PM

1. That Council authorize the restoration of the Whitby Cenotaph in partnership with the Royal Canadian Legion Branch 112 subject to grant funding being received from the Veterans Affairs Canada Cenotaph/Monument Restoration Program; 2. That Council approve a $1,500 contribution toward the Whitby Cenotaph restoration project to be funded from other capital project savings; and, 3. That the general contractor selected by the Royal Canadian Legion Branch 112 be subject to the Town‟s standard terms and conditions, including insurance requirements, as identified in the staff report, and that project supervision be provided by the Parks Development Section of the Community and Marketing Services Department.

1. That Council authorize the relocation of the Merryweather Steam Fire Engine from the lobby of the Main Branch Library to a display area adjacent to the main lobby of the Centennial Building; and, 2. That Council approve $4,000 in funding from One-time Reserves for the relocation and restoration costs as outlined in the staff report.

That Community and Marketing Services Department Report CMS 44- 14 be received as information.

1. That the Town of Whitby accept the low tender as received from Eagleson Construction in the amount of $777,159.18 (plus applicable taxes) for all labour, material and equipment necessary to complete the reconstruction of Peel Street (Dunlop Street to Ontario Street) and Ontario Street East (Green Street to Athol Street). 2. That the total estimated project cost for the Town of Whitby‟s portion of the road reconstruction in the amount of $850,000.00 be approved; and 3. That the Mayor and Clerk be authorized to execute the contract documents.

Page 18 of 39 Regular Council Minutes June 30, 2014 - 7:00 PM 1. That the Town of Whitby accept the low tender bid of Dependable Emergency Vehicles in the amount of $ 52,400.00 (plus applicable taxes) for the refurbishment of two (2) Fire Pumper Trucks; and, 2. That an over expenditure in the amount of $3,322.24 be approved and funded from the maintenance reserves; and, 3. That the total estimated project cost for the Town of Whitby in the amount of $53,322.24 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 Durham Dodge Chrysler Jeep in the amount of $46,886.00, (plus applicable taxes) for the supply and delivery of Two (2) Current Model Year Extended Cab ½ Ton, Four Wheel Drive, 6.5‟ Box Pick Up Trucks; and, 2. That the total estimated project cost for the Town of Whitby in the amount of $55,711.19 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 bid of Turf Care Products Canada Limited in the amount of $59,546.00, (plus applicable taxes) or the supply and delivery of One (1) 2014 16‟ Page 19 of 39 Regular Council Minutes June 30, 2014 - 7:00 PM Rotary Mower which includes a trade-in allowance; and, 2. That the total estimated project cost for the Town of Whitby in the amount of $61,794.01 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 Harper Truck Centre in the amount of $471,698.00, (plus applicable taxes) for the supply and delivery of Two (2) Current Model Year 60,000 LB G.VW Tandem Axle Combination Dump Trucks With Plow And Wing; and, 2. That the total estimated project cost for the Town of Whitby in the amount of $491,999.88 be approved; and 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the lowest quotation as submitted by Appco Paving Ltd. in the amount of $58,751.00 including provisional items (plus applicable taxes) for restoration, supply and installation of new asphalt surface and accessible pathway for the Brooklin Memorial Park skate park; 2. That the Town of Whitby accept the quotation as submitted by Page 20 of 39 Regular Council Minutes June 30, 2014 - 7:00 PM Canadian Ramp Company in the amount of $49,493.94 (plus applicable taxes) for the supply and installation of skate park equipment along with painting of the existing equipment at the Brooklin Memorial skate park; 3. That an over expenditure in the amount of $50,150.04 for the total project be approved and be funded from maintenance reserves; 4. That the total estimated project cost for the Town of Whitby in the amount of $110,150.04 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 compliant tender bid from Cedar Springs Landscape Group Ltd. in the amount of $67,500.00 (plus applicable taxes) for all labour, materials and equipment necessary to complete the main entrance trellis repair at the Municipal Building as required by the Town of Whitby; 2. That the total estimated project cost in the amount of $72,688.00 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents Page 21 of 39 Regular Council Minutes June 30, 2014 - 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 (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

That Council rise from the In-Camera session of the Regular Meeting of Council.

That the rules of order be suspended to go past 11:00 p.m.

The Council reconsider the main motion (Resolution # 305-14) with respect to Report CS 49-14, that was considered earlier in the meeting.

1. That a by-law be brought forward to prescribe new and revised fees for planning applications as indicated in Attachment #1 of this report and that By-law 5813-06 be repealed; 2. That By-law No. 5718-05 be amended by revoking Schedule “B”, and to prescribe new and revised fees for building permit applications as indicated in Attachment #2; 3. That a by-law be brought forward to prescribe engineering inspection Page 23 of 39 Regular Council Minutes June 30, 2014 - 7:00 PM fees as indicated in Attachment #3; 4. That all of the fees above noted be indexed by 2 ½% on September 1 of each year; 5. That the recommended fees take effect on September 1, 2014; and, 6. That the Mayor and Clerk be authorized to execute the required documents.

1. That the draft recommendations of the Downtown Brooklin Transportation Study by received for information. 2. That staff continue consultation with internal departments and external agencies including the Ministry of Transportation, Region of Durham, Durham District School Board, and the Durham Catholic District School Board to implement the draft study recommendations. 3. That Report PW 18-14 be forwarded to the Ministry of Transportation, Region of Durham, Durham District School Board, the Durham Catholic District School Board and the Durham Regional Police Service. 4. That Report PW 18-14 and the Downtown Brooklin Transportation Study Report (Cole Engineering) be placed on public record for comment for a 45 day review period beginning July 2, 2014. 5. That staff be directed to undertake the initial process for the closure of Ferguson Avenue. 6. That staff be directed to finalize the recommended draft plan considering all agency and public comments, and incorporate into future budgets, as well as bring forward any applicable amending by- laws. 7. That staff present the final draft of the Brooklin Transportation Study for Council's consideration, once all agency and public comments have been received. Page 24 of 39 Regular Council Minutes June 30, 2014 - 7:00 PM 8. That the draft recommendations be amended to reflect a reduction in speed limits to 40 kilometres be extended to Cassels Road. 9. That the draft recommendations be amended to reflect the installation of a 3-way

1. That Public Works Report PW 20-14 be received for information. 2. That Council endorse the Town of Whitby Asset Management Strategic Plan – Phase I (Road, Bridges, Culverts, Sidewalks & Multi-Use Paths). 3. That the Roads, Bridges and Culverts, Sidewalks and Multi-Use Pathways Annual Capital Maintenance Envelope be temporarily adjusted from $8.3M to 7.8M for the next five (5) years inclusive (2015-2019), as identified in Public Works Report PW 20-14. 4. That the $0.5M reduction in the existing Roads, Bridges and Culverts, Sidewalks and Multi-Use Pathways Annual Capital Maintenance Envelope be temporarily reallocated to the Town of Whitby LED Streetlight Replacement Program for the next five (5) years inclusive (2015-2019). 5. That the long term Annual Capital Maintenance requirements for Roads, Bridges, and Culverts, Sidewalks and Multi-Use Pathways as well as streetlights be reassessed and identified in five (5 years). 6. That future approvals for new and/or upgraded Roads, Bridges, Sidewalks, and Multi-Use pathways include estimates for future operating costs and a long term asset management plan. 7. That the 5 to 10 year LED conversion costs and requirements be reassessed in five (5 years).

1. That Report PW 22-14 be received as information. 2. That Council endorse the recommendations to proceed with a 10 year program to replace all Town luminaires with energy efficient LED lighting. 3. That all new street lighting installed within new subdivisions and through capital projects utilize LED street lighting technology. 4. That all LED conversions in 2014 and over the next five (5) years as well as any new streetlight installations be cobra head design with existing and/or standard poles. 5. That the first five (5) years of the LED conversion be financed by temporarily redirecting $500,000 from the Road capital maintenance envelope. 6. That all future monies saved from energy consumption and maintenance be directed to a LED reserve account to assist to finance the 5 to 10 year phases of the conversion program. 7. That staff reassess conversion costs in five (5) years and identify source(s) of financing for the remaining 5 to 10 year conversion program. 8. That staff verify heritage and/or designated zones and costs for LED decorative fixtures and/or poles for the five (5) to ten (10 year) phases of the program and report to Council with scope and costs. 9. That an ultimate maximum number of LED fixtures be three (3) along with a maximum number of three (3) pole style / types. 10. That Whitby Hydro be requested to pursue financial incentives from the Ontario Energy Board for the Town of Whitby‟s LED conversion program. 11. That a copy of Report PW 22-14 be forwarded

1. That Report PW 23-14 be forwarded to the Region of Durham. 2. That the Region be requested to include sufficient funds in their 2015 - 10 year Capital Roads Program to complete the following Town of Whitby priorities; a) The widening of Victoria Street between Halls Road and Seaboard Gate in 2015 as currently identified. b) The advancement of the widening of Brock Street from Rossland Road to Taunton Road from 2017 to 2015. c) The advancement of the Manning Road/ Adelaide Avenue connection from 2019 to 2016. d) The advancement of the realignment of Victoria Street from South Blair Street to Thickson Road from 2018 to 2016. e) The advancement of the widening of Rossland Road between Garden Street and east of Civic Centre Drive from 2018 to 2017. f) The extension of Consumers Drive from Thickson Road to Thornton Road in 2015. 3. That the Region be requested to initiate the following Environmental Assessments (EAs) associated with the Highway 407 project; a) Lake Ridge Road from Dundas Street to Highway 407 from 2017 (Dundas Street to Rossland Road) to 2016, b) Baldwin Street from Taunton Road to Highway 407 in 2016 as currently identified, and c) Thickson Road from Taunton Road to Winchester Road from 2018 to 2016. 4. That the Region be requested to establish a 10 year watermain, sanitary sewer and polybutylene water service replacement program, that is coordinated with municipal road projects and considers preventative infrastructure maintenance needs. 5. That the Region be

1. That Report PW 25-14 be received as information. 2. That Public Works staff provide Council with a status update on the Emerald Ash Borer (EAB) Action Plan in January of each calendar year until deemed as not required.

1. That Council approve the proposed event parking and traffic management plan detailed in Report PW 26-14 for all future large- scale community events held at Victoria Fields (Attachment A) or the Abilities Centre (Attachment B). 2. That Council approve the proposed public notification and communications plan detailed in Report PW 26-14 for all future community events held at Victoria Fields or the Abilities Centre. 3. That the event parking and traffic management plan take effect on January 1, 2015. 4. That a copy of Report PW 26-14 be forwarded to the Region of Durham, Durham Regional Police Services, and the Abilities Centre Event Co-ordinator.

Page 28 of 39 Regular Council Minutes June 30, 2014 - 7:00 PM That Council receive Report LS 7-14 for information.

That Council enact the proposed Towing By-law (Attachment 1).

That the main motion be amended to reflect that Item 3.7 (6) of the draft by-law be changed from three hours to 12 hours.

That the main motion be amended to reflect that Item 3.5 of the draft by- law be changed from five kilometres to 'within the Town of Whitby'.

That the main motion be amended to reflect that Item 3.9 of the draft by- law be changed from $150.00 to $120.00

That the main motion be amended to reflect that Item 3.7 (4) of the draft bylaw be changed to the name and telephone number of the property management company and that it be a 24-hour contact.

That Council enact the proposed amendment to the Animal Control By- law regulating the keeping of pigeons (Attachment 1).

That the Town Clerk be requested to investigate and report back to Council on the process to exempt businesses from the Retail Business Holidays Act to allow them to remain open on holidays.

That the main motion be amended by adding the words 'and community implications' after the word 'process'.

That the local schools in the Williamsburg area be requested to provide details of their proposal for community safety initiatives and that staff report back to Council on the initiatives for their consideration.

That correspondence regarding the notice of intention to sell property known as Parts 2, 3, 5 and 6 of Plan 40R-28183, Hopkins Street be received for information.

That correspondence regarding the notice of intention to sell property known as Part 1 of Plan 40R-28354, Grand Trunk Street be received for information.

That Report No. 43-14 of the Commissioner of Corporate Services/Treasurer be received for information.

1. That Community and Marketing Services Department Report CMS 46-14 regarding the China Investment Attraction and Trade Strategy be received as information; 2. That Council approve the Town of Whitby establishing a friendship arrangement with the City of Yixing, Jiangsu Province, People‟s Republic of China, for the purpose of promoting cooperation, economic and trade interflow and exchanges between the two municipalities; 3. That Council approve the Town of Whitby formalizing the arrangement by entering into a Memorandum of Understanding on the Establishment of Friendship Relations and Cooperation between the Town of Whitby and the City of Yixing; Page 34 of 39 Regular Council Minutes June 30, 2014 - 7:00 PM 4. That the Mayor be authorized to sign the Memorandum of Understanding on behalf of the Town of Whitby with the City of Yixing; and, 5. That the Town of Whitby host a delegation from the City of Yixing in July, 2014 where upon the Memorandum of Understanding on the Establishment of Friendship Relations and Cooperation between the two municipalities is recognized and signed.

1. That Traffic By-Law number 1862-85 be amended to alphabetically incorporate the proposed changes to Schedule „A‟, No Stopping on Carnwith Drive; 2. That Council authorizes the Clerk to bring forward an amending By- law to By-law 1862-85, for Council approval; 3. The Report PW 27 -14 be forwarded to the Durham District School Board and the Ministry of Transportation.

1. That the following individuals be appointed to the Municipal Compliance Audit Committee for a term to end on November 30, Page 35 of 39 Regular Council Minutes June 30, 2014 - 7:00 PM 2018: 1. Gillian Burton 2. Ron Colucci; and 3. Paul Jones. 2. That the Town Clerk take the necessary action to give effect thereto.

That leave be granted to introduce By-law # 6880-14 to 6886-14, 6887- 14 as amended, 6888-14 to 6894-14, save and except By-law # 6891-14 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 Clerk sign the same and the Seal of the Corporation be thereto affixed.

That leave be granted to introduce By-law # 6891-14 and to dispense with the reading of the by-law by the Clerk and that the same be considered read and passed and that the Mayor and Clerk sign the same and the Seal of the Corporation be thereto affixed.

That the meeting be adjourned.

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 June 30th, 2014, and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.