Regular Council Meeting

That the minutes be adopted.

That the proclamations for World Down Syndrome Day - March 21, 2016, World Poetry Day - March 21, 2016, Community Hospital Week - April 4 to 10, 2016, BeADoner Month – April 2016, National Poetry Month – April 2016, Neurofibromatosis Month - May 2016 and the flag raising for BeADoner Month - April 24 to 29, 2016, be endorsed.

That the correspondence from the Town of Aurora, dated February 2, 2016, regarding Motion (a) Ontario Municipal Board Jurisdiction, be received. Page 3 of 27 Regular Council Minutes March 29, 2016 - 7:00 PM

That Council receive as information the Downtown Whitby Development Steering Committee 2015 Annual Report.

That Council receive as information the Brooklin Downtown Development Steering Committee 2015 Annual Report.

That Council receive as information the LACAC Heritage Whitby Committee 2015 Annual Report and 2016 Work Plan.

1. That Council receive Planning and Development Report PL 27-16 as information; 2. That Council direct the Planning and Development Department to undertake community consultation and stakeholder engagement on the proposed framework of the Downtown Whitby Strategy for Action accompanied by the Downtown Whitby Visuals in this report and report back with the findings including a final plan for Council’s adoption; and, 3. That the Sustainability, Heritage, Downtowns and Community Development Division establish an interdepartmental action team to collaboratively work on the initiatives in the Downtown Whitby Strategy for Action.

That the main motion be amended by adding the following as Item 5 and the recommendation renumbered accordingly: That finalizing the historic Downtown Community Improvement Plan, and suite of incentives within the Community Improvement Plan, be identified as the urgent priority to be completed in 6 months.

1. Whereas the owners of 7725 Cedarbrook Trail have requested a three year extension to the existing temporary use by-law to allow for the continued use of a second dwelling, that being the original residence that has existed on this property since the 1960’s, without any apparent negative impact on the environment or the Greenbelt; 2. Whereas the owners have requested this extension to allow their parents who are seniors to reside in this dwelling; 3. Whereas the proposed temporary use does not appear to conflict with the overall vision or goals of the Greenbelt Plan; 4. Whereas the proposed temporary use of the existing residence Page 6 of 27 Regular Council Minutes March 29, 2016 - 7:00 PM by the owners parents who are seniors is consistent with many of the goals and objectives of numerous provincial seniors strategies; 5. Whereas the proposed temporary use meets all of the criteria that must be satisfied for Council to enact a temporary use By- law (ie. it is for a limited period of time, it can be adequately accommodated on site, it does not adversely affect surrounding lands or the natural environment, it does not prejudicially affect future development and it has no new building or expansion); 6. Whereas the owners are aware that the temporary use is only valid for three years, will not necessarily be renewed and that they are responsible for removing this structure when it is no longer permitted; 7. Therefore be it resolved that the existing temporary use By-law for 7

1. That Council approve the Draft Plan of Condominium (CW-2015- 02) subject to the conditions of approval in Section 8 of Planning Report Item PL 21-16; 2. That the Mayor and Clerk be authorized to execute the condominium agreement(s) for the subject property; and, 3. That the Clerk advise the Commissioner of Planning at the Region of Durham of Council’s decision.

1. That Council approve Site Plan Application SP-14-15 subject to the conditions of approval as outlined in Section 8.0 of Planning Report PL-23-16; 2. That the Mayor and Clerk be authorized to execute the Site Plan Agreement; and, 3. That the applicant be advised that the finalization of the site plan will be contingent upon receiving formal notice from CLOCA that their conditions for approval have been satisfied.

That Council approve Sign By-law Variance Application SB-01-16 to the Town of Whitby Sign By-law 5695-05 for Lakeridge Health Whitby on lands municipally known as 300 Gordon Street in accordance with the following amendments: a) To permit a maximum of four (4) pylon signs on the subject land; b) To increase the maximum sign area for Pylon Sign ‘A’ from 3.0 square metres to 7.0 square metres; c) To increase the maximum sign area for Pylon Sign ‘B’ from 3.0 square metres to 4.3 square metres; Page 8 of 27 Regular Council Minutes March 29, 2016 - 7:00 PM d) To increase the maximum sign area for Pylon Sign ‘C’ from 3.0 square metres to 5.8 square metres; and, e) To permit one (1) pylon sign (Sign ‘D’) with a minimum setback of 2.5 metres from a vehicular entrance with a display surface less than 3.0 metres above the ground, whereas a minimum of 5.0 metres is required.

1. That Planning and Development report PL 17-16 be received as information; 2. That Council approve the renewal of an agreement with the Regional Municipality of Durham to delegate responsibilities under the Building Code Act with respect to private sewage systems with capacity of less than 10,000 litres per day; and, 3. That the Mayor and Clerk be authorized to execute the agreement on behalf of the Town of Whitby.

1. That the presentation by M. Bone, CEO, Habitat for Humanity – Durham be received; and, 2. That the contribution of land to Habitat for Humanity be favorably considered and the Administration advance its discussion with Habitat for Humanity and report back to Council with its recommendations respecting a land contribution, associated financial considerations and details of the housing project to be Page 9 of 27 Regular Council Minutes March 29, 2016 - 7:00 PM proposed.

1. That Planning Report PL 29-16 be received as information; and, 2. That the Clerk forward a copy of Planning Report PL 29-16 to the Region of Durham, Planning and Economic Development Department.

1. That correspondence number 2016-123 from Debi A. Wilcox, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, dated March 9, 2016 regarding Change to Regional Council Composition be received for information; 2. That Council respectfully request that the Honourable Ted McMeekin, Minister of Municipal Affairs and Housing, expedite the enactment of a regulation to change the composition of Regional Council; and, 3. That the Clerk be directed to forward the above resolution to The Honourable Ted McMeekin, the Region of Durham and Area Page 10 of 27 Regular Council Minutes March 29, 2016 - 7:00 PM Municipalities.

That correspondence number 2016-124 from Debi A. Wilcox, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, dated March 9, 2016 regarding the Final Report from the Regional Council Composition Review Committee be received for information.

1. That Report CLK # 06-16 of the Office of the Town Clerk be received for information; 2. That the Town Clerk bring forward a proposed final Refreshment Vehicle By-law for consideration at the April 11, 2016 Operations Committee following assessment of input from the public and stakeholders; 3. That the Clerk amend the draft by-law to allow for roaming; 4. That the Clerk combine Mobile Canteens and Stationary Refreshment Vehicles into one licensing class that can offer pre- packaged foods and cooked foods; 5. That the Clerk be directed to investigate requiring special event organizers to assume responsibility for ensuring that refreshment vehicles participating in events are licensed by the Town of Whitby or licensed in a separate jurisdiction, have received health Page 11 of 27 Regular Council Minutes March 29, 2016 - 7:00 PM department approval, TSSA inspection and maintain the necessary insurance; 6. That the Clerk be directed to consult with special event organizers with regard to the above; and, 7. That if the changes with regard to special events cannot be accommodated or determined prior to the April 11, 2016 Operations Committee meeting, that the Clerk remove the special event refreshment vehicle license requirements and bring forward the by-law with the remainder.

That Council approve the draft Age-Friendly Community Survey, to receive community input into the development of the Age Friendly Community Plan, appended to the Memorandum from Kim Evans, Community and Marketing Services Department, dated March 23, 2016, incorporating feedback received at the March 21 Operations Committee.

1. That Community and Marketing Services Department Report CMS 28-16 concerning shade options for parks within the Town be received as information; and, 2. That Council approve the use of shade sails at Brooklin Optimist Park and Willow Park and the use of shade sun screens at Iroquois Park Sports Centre for the ball diamond player bench areas at the existing four ball diamonds, as outlined in the staff Page 12 of 27 Regular Council Minutes March 29, 2016 - 7:00 PM report.

1. That Council endorse the recommendations regarding Earth Day/Week activities as outlined in Community and Marketing Services Department Report CMS 26-16; and, 2. That Council acknowledge and thank the Earth Day/Week sponsors and organizers.

1. That Council approve the recommended 2016 Port Whitby Marina boater event program as summarized in Community and Marketing Services Department Report CMS 22-16; 2. That Council approve an expenditure not exceeding $2,000 to be funded from the Port Whitby Marina Operating Budget for the provision of a boater appreciation event on Saturday, August 20, 2016; 3. That Council authorize staff to organize up to three catered boater events; 4. That Council approve reserving the Port Whitby Marina Avalon Lounge on Fridays and Sundays during the prime boating season (commencing Victoria Day weekend to September 30) for use by Marina boaters for organized or informal get-together opportunities in 2016 and going forward in future years; and, 5. That Council authorize the same level and general provision of Page 13 of 27 Regular Council Minutes March 29, 2016 - 7:00 PM boater events as outlined in the staff report going forward in future years and that staff report back to Council only when significant changes or adjustments to the programming occur.

That Council direct staff to negotiate a final agreement with ACTIVE Network for the provision of recreation registration and facility booking software and services, including options for combined municipal volume, and report back to Operations Committee of April 11, 2016 with the outcome.

1. That Council approve the proposed security and safety measures for the Whitby Municipal Building as outlined in the staff report; 2. That the proposed concept design of the controlled access doors and security screens be approved; 3. That the renovations required to accommodate the proposed installation of the controlled access doors and security screens include the installation of accessible counters to improve customer service and meet the Town’s accessibility standard and the provincial Accessibility for Ontarians with Disabilities Act (AODA) legislation; 4. That staff be authorized to complete the detailed design and tender documents for the proposed renovations, to issue the tender and to report back on the recommended general Page 14 of 27 Regular Council Minutes March 29, 2016 - 7:00 PM contractor and budget implications; and, 5. That a copy of Community and Marketing Services Department Report CMS 12-16 and the minutes of the Operations and Council meetings be provided to the Town’s Joint Health and Safety Committee.

1. That Council approve the proposed user fees for Arena Ice/Floor, Sports Fields and Parks, and the proposed Banquet Halls and Facility Rental Fees as outlined in Community and Marketing Services Department Report CMS 23-16 (Attachment #1 – Sports Fields, Arena Ice/Floor and Park User Fees and Attachment #2 – 2016 Banquet Halls and Facility Rental Fees); 2. That notwithstanding Item 1 above, CMS 23-16 Attachment #1 and Attachment #3, Schedule A, Sports Fields, Arena Ice/Floor and Park User Fees be amended by removing the proposed 2 percent increase for prime time arena ice rental. 3. That the effective period for the proposed User Fees and Rental Fees be approved as follows: • Sports Fields, Parks and Arena Ice/Floor User Fees: April 1, 2016 to March 31, 2017 • Banquet Halls and Facility Rental Fees: April 1, 2017 to March 31,2018 4. That Council repeal By-law # 6968-15 and # 6969-15, being a by- law to impose user fees and rental fees for certain services and activities provided by the Community and Marketing Services Department; and, 5. That Council authorize the Clerk to bring forward a new by-law for approval to implement the proposed user fees and rental fees as outlined in the staff report.

1. That Report CLK 07-16 of the Office of the Town Clerk be received for information; and, 2. That Council approve Option B outlined in Section 5 of this report as the basis for the creation of a Council Expense Policy.

1. That Council receive as information the Health and Wellness Committee’s summary of activities and accomplishments; 2. That Council approve the Health and Wellness Committee’s proposed 2016 Work Plan and the actions contained within; and, 3. That Council be advised that the Town of Whitby has been recognized by the Durham Region Health Department as a Healthy Workplace and been awarded the Gold Level Healthy Workplace Award in the Mental Health Category for 2015.

1. That Public Works Report PW 10-16 be received for information; 2. That Streetlighting on Regional Roads be included for Page 16 of 27 Regular Council Minutes March 29, 2016 - 7:00 PM consideration through the road rationalization process; 3. That Staff report back to Council in June of 2016 with recommendations for road rationalization with the Region of Durham; and, 4. That Public Works Report PW 10-16 be forwarded to the Region of Durham.

That Report LS 04-16 be

1. That the Town of Whitby accept the low Tender from Royalcrest Paving & Contracting Limited in the amount of $530,993.80 (including provisional items and excluding applicable taxes) for all labour, materials and equipment necessary to complete the construction and landscape of seven (7) asphalt trails; 2. That the contract with Royalcrest Paving and Contracting Limited be amended to include an additional paved 2.5 metre accessible trail from Lofthouse Drive South to the existing paved area between Deverell Park and Jack Wilson Park; 3. That the total estimated project cost in the amount of $648,343.43 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents. Page 17 of 27 Regular Council Minutes March 29, 2016 - 7:00 PM

1. That the Town of Whitby accept the low tender as received from Otonobee Electrical Services Ltd. in the amount of $484,750.90 (plus applicable taxes) for all labour, materials and equipment necessary to complete the streetlight replacement within the Blue Grass Meadows Subdivision; 2. That the total estimated project cost in the amount of $590,000.00 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 Accessories Machinery Ltd. in the amount of $588,988.00 (plus applicable taxes) for the supply and delivery of two (2) vacuum road sweepers; 2. That the over expenditure of $58,354.19 be financed from the Maintenance Reserve; 3. That the total estimated project cost for the Town of Whitby in the amount of $604,354.19, be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents. Page 18 of 27 Regular Council Minutes March 29, 2016 - 7:00 PM

1. That the Town of Whitby accept the low tender bid of 2323283 Ontario Inc. o/a Clarington Contracting Services in the amount of $17,855.00 (plus applicable taxes) for the maintenance of flower baskets and planters for a one (1) year term; 2. That approval be granted for the option to extend the contract for two (2) additional one (1) year terms based on satisfactory performance, product quality, and budget approval. Pricing shall remain firm for the duration of the contract; 3. That the total estimated annual contract amount of $18,169.25 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 2298679 Ontario Inc. o/a Gold Standard Property Care in the annual amount of $47,368.00 (plus applicable taxes) for the provision of Custodial Services for Park Fieldhouses for three (3) seasonal contract terms; 2. That the total estimated annual contract amount of $48,201.67 be approved; and, Page 19 of 27 Regular Council Minutes March 29, 2016 - 7:00 PM 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Council authorize a twenty year lease between the Town of Whitby and Gerdau for Part Lots 22 and 23, Con BF, described as Parts 3, 6, 9, 12, 15 and 16, 40R-15524 and Parts 9 and 10, 40R-18634 as shown on the attached sketch included as Attachment No. 1 to this report for the purposes of open space lands and a portion of the Waterfront Trail; and, 2. That the Mayor and Clerk be authorized to execute the required documents.

1. That Public Works Report PW 11-16 regarding the Town of Whitby Municipal Asset Management Plan be received as information. 2. That Staff be authorized to issue a Request for Proposal for the selection of a consultant to complete seven (7) Detailed Service Area Asset Management Plan Reports and the consolidation into Page 20 of 27 Regular Council Minutes March 29, 2016 - 7:00 PM a Municipal Asset Management Plan Report. a. That the Commissioner of Corporate Services/Treasurer be authorized to award the proposal to the highest ranking proponent provided such proposals are within or do not exceed by more than 10%, the approved budget allocation of $300,000. 3. That Staff be authorized to hire a Summer Student for asset management data entry/collection purposes, to be funded from the Asset Management Plan 2016 Capital Budget allocation. 4. That Staff be authorized to issue a Request for Proposal for the selection of a consultant to undertake lighting/electrical data collection, condition assessments and replacement values for Town parks and facilities. a. That the Commissioner of Corporate Services/Treasurer be authorized to award the proposal to the highest ranking proponent provided such proposals are within or do not exceed by more than 10%, the approved budget allocation of $50,000. 5. That Staff be authorized to issue a Request for Quotation for the selection of a consultant to undertake plumbing data collection, condition assessments and replacement values for Town parks

1. That Public Works Report PW 9-16 be received as information. 2. That Public Works Staff continue to provide Council with a status update on the Emerald Ash Borer (EAB) Action Plan twice each calendar year. 3. That additional funding of $166,000, be advanced from One-Time Reserves for Tree Planting and Stump Removal Services. 4. That Staff be authorized to issue a tender for Tree Planting and Page 21 of 27 Regular Council Minutes March 29, 2016 - 7:00 PM Stump Removal Services associated with the Emerald Ash Borer. 5. That the Commissioner of Corporate Services/Treasurer be authorized to award the two (2) year tender, with an option for one (1) additional year for Tree Planting and Stump Removal Services to the lowest compliant bidder provided such tender is within or does not exceed by more than 10% the approved budget allocation of $1,052,000. 6. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Council approve an amendment to the lease between the Town of Whitby and Swan’s Yacht Sales Inc. for the north building at 1710 Charles Street, for a reduction in 7,254 square feet of space; and, 2. That the Mayor and Clerk be authorized to execute the required documents.

That staff report back on graffiti avoidance and removal strategies in the Town.

That Report CAO 06-16 be

Page 23 of 27 Regular Council Minutes March 29, 2016 - 7:00 PM 1. That Council approve Site Plan Application SP-02-16 subject to the conditions of approval as outlined in Section 8.0 of Planning Report PL 32-16; 2. That approval be subject to a successful Minor Variance application (A/14/16) being approved by the Committee of Adjustment to seek relief from the Zoning By-law concerning the reduction of the minimum required parking and front yard setback; and, 3. That the Mayor and Clerk be authorized to execute the Site Plan Agreement.

Whereas Procedure By-law Number 7072-15 permits Council to appoint one of its members to act in the place of the Mayor and the Deputy Mayor and such member shall have all the powers and duties of the Mayor while so acting; Page 24 of 27 Regular Council Minutes March 29, 2016 - 7:00 PM Now Therefore Be It Resolved: That Council hereby appoints Regional Councillor Drumm to act in place of the Mayor and the Deputy Mayor and have all the powers and duties of the Mayor for the April 18, 2016 Council meeting.

That leave be granted to introduce By-law # 7111-16 to 7115-16, # 7117-16 and #7119-16, 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 the Clerk sign the same and the Seal of the Corporation be thereto affixed.

That leave be granted to introduce By-law #7118-16 and 7120-16 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 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 March 29, 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 the main motion be amended by adding the following as Item 4 and the recommendation renumbered accordingly: That the planning horizon for the Downtown Whitby Strategy for Action be 3 years instead of 5.