Regular Council Meeting

That the minutes be adopted.

That staff be directed to work with Highway of Heroes to explore opportunities and identify potential sites for the planting of trees, ensuring that Victoria Fields is included in the exploration, and report back to Council on the available opportunities.

That the proclamation for Franco-Ontarian Day - September 25, 2016, be endorsed.

1. That the Council of the Town of Whitby authorize entering into a contribution agreement to receive $169,000 of funding under the Canada 150 Community Infrastructure Program for the Page 6 of 33 Regular Council Minutes June 27, 2016 - 7:00 PM Rehabilitation of Port Whitby Pumphouse; and, 2. That the Council of the Town of Whitby authorize entering into a contribution agreement to receive $250,000 of funding under the Canada 150 Community Infrastructure Program for the Rehabilitation of Centennial Building Exterior.

1. That Council approve the amendment to the Town of Whitby Official Plan (OPA-2015-W/01) as Amendment No. 103 to the Whitby Official Plan, as shown on Attachment #3; 2. That a By-law to adopt Official Plan Amendment No. 103 to the Whitby Official Plan be brought forward for consideration by Council; 3. That the Clerk forward to the Region of Durham, within fifteen (15) days of adoption of the amendment, the necessary documentation for a non-exempt Official Plan Amendment; and, 4. That the Clerk send a Notice of Council’s decision to those persons and agencies who have requested further notification regarding Town of Whitby Official Plan (OPA-2015-W/01) as Amendment No. 103 to the Whitby Official Plan.

That Council reconsider certain aspects of Resolution #510-15, being those related to the condition requiring a 6.0 metre wide vehicular easement.

1. That Planning and Development Committee receive report PL 70- 16 for information; and, 2. That staff be directed to report back to Council through the Official Plan review process on the requirement for laneways/easements as part of comprehensive block development, including alternatives to the laneway/easement requirement.

1. That Council approve Zoning By-law Amendment application Z- 09-16 to permit a temporary use by-law for a Residential Sales Campus, subject to the conditions contained within Section 8.0 of Planning Report PL 72-16; 2. That an amending by-law be brought forward for Council’s consideration; and, 3. That the Mayor and Clerk be authorized to execute any necessary documents.

That, for commercial uses on the commercially-zoned properties in Downtown Whitby, identified on Attachment #1 to Planning and Development Report PL 76-16, cash-in-lieu of parking be accepted as a

1. That Council approve Zoning Amendment Application (Z-04-16) for the removal of the Holding (H) Symbol; 2. That the Zoning By-law to remove the Holding (H) Symbol be brought forward for Council’s consideration; 3. That the applicant applies and is granted approval by the Committee of Adjustment for a Minor Variance Application; 4. That the applicant’s Heritage Permit Application (Town File No. H-05-16) be approved by Town Staff after consultation with LACAC Heritage Whitby in accordance with the Town of Whitby’s Heritage Permit and Delegation By-law No. 6769-13; 5. In accordance with LACAC’s recommendations, the following conditions relating to the existing building shall also be complied with: a) The applicant shall document the building with measured drawings and photographs, and be deposited in the Whitby Archives; b) The building be commemorated through an illustrated interpretive panel installed on or in the new structure which notes the former location of the Sawdon Building and a brief outline of its history; and, c) That the subject property, 244 Brock Street South, be removed from the Town’s Heritage Registry. 6. That Council approve the site plan on the basis that cash-in-lieu of parking in the amount of $198,250 will be a

Page 10 of 33 Regular Council Minutes June 27, 2016 - 7:00 PM That Item 6 of the main motion be amended to read as follows: That Council approval the site plan on the basis that cash-in-lieu of parking in the amount of $208,000, calculated on the basis of 64 parking spaces, will be a

1. That Council approve Zoning By-law Amendment application Z- 08-16 to permit a temporary use by-law for a Residential Sales Office, subject to the conditions contained within Section 8.0 of Planning Report PL 71-16; 2. That Council approve the Site Plan application SP-14-16 for a Residential Sales Office, subject to the conditions contained in Section 8.0 of Planning Report PL 71-16; 3. That an amending by-law be brought forward for Council’s consideration; and, 4. That the Mayor and Clerk be authorized to execute any necessary documents.

That the Joint Planning and Development and Public Works Report PL 75-16 be received for information.

1. That Council approve Site Plan Application (SP-07-15) subject to the conditions of approval set out in Section 8 of Planning Report PL 57-16; and, 2. That the Mayor and Clerk be authorized to execute the Site Plan Agreement.

That Council approve Sign Variance Application SB-04-16 to the Town of Whitby Permanent Sign By-law 5695-05 for Imperial Oil (Esso) on lands municipally known as 1903 Dundas Street East in accordance with the following amendments: a) To permit four (4) ‘Koala’ F2 signs and two (2) ‘Blade’ F3 signs (See Attachment #3 and #4) to be attached to the weather canopy columns; and, b) To permit two (2) ‘Wave’ F1 ground signs (See Attachment #3 and Page 12 of 33 Regular Council Minutes June 27, 2016 - 7:00 PM #4) at Pump Islands 1/2 and 5/6.

That Council approve Sign Variance Application SB-05-16 to the Town of Whitby Permanent Sign By-law 5695-05 for Imperial Oil (Esso) on lands municipally known as 485 Winchester Road East in accordance with the following amendments: a) To permit six (6) ‘Koala’ F2 signs and four (4) ‘Blade’ F3 signs (See Attachment #3 and #4) to be attached to the weather canopy columns; and, b) To permit three (3) ‘Wave’ F1 ground signs (See Attachment #3 and #4) at Pump Islands 1/2, 7/8 and 11/12.

1. That Council approve Site Plan Application SP-13-16 subject to the conditions of approval as outlined in Section 8.0 of Planning Report PL 69-16; and, 2. That the Mayor and Clerk be authorized to execute the Site Plan Agreement.

1. That Council authorize the Mayor and Clerk to execute the front- ending agreement for the Adalan Development Corporation Phase 2 subdivision development on Camber Court; 2. That the Clerk provide notice to the benefitting property owners in accordance with the Development Charges Act, 1997; 3. That the Subdivider, Adalan Development Corporation, be responsible for all legal fees incurred for the registration of the front-ending agreement on the title of the benefitting properties and the Phase 2 subdivision lands; and, 4. That the Subdivider, Adalan Development Corporation, be responsible to resolve any appeals to the front-ending agreement and/or justification inquiries from the benefiting properties at its sole cost and expense.

1. That Council approve Site Plan Application SP-01-16 subject to the conditions of approval as outlined in Section 8.0 of Planning Report PL 79-16, and as noted in the errata memorandum from the Commissioner of Planning dated June 9, 2016; and, 2. That the Mayor and Clerk be authorized to execute the Site Plan Agreement.

1. That Council approve Site Plan Application (SP-06-16) subject to the revised site plan on Attachment #6 and the conditions contained in Section 8 of Report PL 80-16; 2. That Staff be authorized to prepare a Site Plan Agreement; 3. That the approval be subject to a successful application to the Committee of Adjustment as identified in Section 5 of Report PL 80-16; and, 4. That the Mayor and Clerk be authorized to sign any necessary documents.

That Council approve Sign By-law Variance Application SB-03-16 to the Town of Whitby Permanent Sign By-law 5695-05 for the existing dentist office on lands municipally known as 1750 Dundas Street East in accordance with the following amendment: a) To permit a proposed pylon sign 0.5 metres from a street line (Dundas Street East), whereas a minimum setback of 1.0 metre to a street line is required; and, b) That the existing wall sign at Dundas Street East be removed.

1. That the lands shown on Attachment #1 be declared surplus for the purposes of sale and redevelopment; 2. That in accordance with the public notice policy and By-law 3650- 95, the Town Clerk give public notice of its intention to sell the subject lands; 3. That provided no objection is received by the Town in connection with the sale of the lands, a by-law be brought forward to authorize the sale through the municipal tender process; 4. That the Commissioner of Corporate Services proceed to complete the required environmental reports for the lands; and, 5. That the Commissioner of Planning be authorized to: a) pursue a minor variance application to reduce the exterior and front side yard requirements to 4.5m; and, b) proceed with a public meeting for a plan of subdivision with the Planning and Development Committee and the Lifting of the ‘H’ Holding Provision.

That Planning Report PL 73-16, regarding the 2016 Doors Open Whitby Event be received as information.

1. That the joint Planning and Development and Whitby Fire and Emergency Services Report PL 78-16 be received for information; and, 2. That the West Whitby Landowners Group be required to install a conduit within the boulevard of Des Newman Boulevard from Dundas Street West to north of Taunton Road West which shall include interconnecting conduit at Dundas Street West/Des Newman Boulevard, Bonacord Avenue/Des Newman Boulevard, Twin Streams Road/Des Newman Boulevard and Taunton Road West/Des Newman Boulevard.

1. That Planning Report No. PL 81-16 be received for information; 2. That Council approve the amendment to the Town of Whitby Official Plan (OPA-2012-W/01 - Port Whitby Community Secondary Plan) as Amendment No. 104 to the Whitby Official Plan, as shown on Attachment #1, save and except that Attachment #1 be revised to reduce the minimum required density within the High Density Residential designation to 30 units per net hectare; 3. That a By-law to adopt Official Plan Amendment No. 104 to the Whitby Official Plan be brought forward for consideration by Council; 4. That the Clerk forward to the Region of Durham, within fifteen (15) days of adoption of the amendment, the necessary documentation for a nonexempt Official Plan Amendment; and, Page 17 of 33 Regular Council Minutes June 27, 2016 - 7:00 PM 5. That the Clerk send a Notice of Council’s decision to those persons and agencies who have requested further notification regarding the Port Whitby Community Secondary Plan, Urban Design Guideline and Community Improvement Plan.

That Item 2 of the main motion be amended to add the following after hectare: and that the building heights within the Mixed Use Residential Two, be changed from 4 to 8 storeys to 3 to 6 storeys and that the following be added to the General Development Policies section: d) Views and vistas to the waterfront and harbour from within the public realm will be considered, secured and enhanced through the review of development applications and the design of streets and public spaces.

That report CS 53-16 from the Commissioner of Corporate Services/Treasurer be received as information.

That the annual Statement of Development Charge Reserve Funds as at December 31, 2015 be received as information.

1. That the Town of Whitby accept the low compliant tender as received from D & D Trucking & Construction Service in the reduced amount of $94,825.07 (excluding taxes) to supply, apply, grade, shape and compact road shoulders as required by the Town of Whitby; 2. That an over expenditure in the amount of $6,993.99 be approved and funded from Maintenance Reserves; 3. That the total estimated project cost in the amount of $108,993.99 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby grant a permanent easement to Whitby Hydro Electric Corporation over lands described as Part of Block 89, Plan 40M2413, being Part 1, Plan 40R-28944, for the purposes of installing switch gear equipment; 2. That a by-law authorizing the granting of the easement be brought forward for Council adoption; and, 3. That the Mayor and Clerk be authorized to execute the required documents.

1. That Council accept the low tender from Langley Utilities Contracting Ltd. in the amount of $66,570.00 plus applicable taxes, for the replacement of six lights and poles at the Whitby Lawn Bowling Club; 2. That the over expenditure of $13,227.00 be financed from the Maintenance Reserve Fund; 3. That the total estimated project cost for the Town of Whitby in the amount of $73,227.00, 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 compliant bid from 1747204 Ontario Inc. Ace Services in the amount of $60,600 (excluding taxes) for the supply and installation of a new rooftop HVAC unit at the Whitby Seniors’ Activity Centre; 2. That the total estimated project cost for the amount of $75,405.78, 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 as received from Onsite Contracting Inc. in the amount of $503,304.72 (excluding taxes) (excluding Provisional Section – Perry Street) to complete the sidewalk and boulevard replacement as required by the Town of Whitby; 2. That an over expenditure in the amount of $62,000.00, which results in increased funding of $81,444.00 from the Maintenance Reserve and savings of $19,444 for the Downtown Improvement Reserve, be approved; 3. That the total estimated project cost in the amount of $605,000.00 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 from B & B Mechanical Services in the amount of $96,640.20 (excluding taxes) for the supply and installation of two new makeup air units at the Whitby Operations Centre; 2. That the over expenditure of $13,341.07 be financed from the Maintenance Reserve Fund; 3. That the total estimated project cost for the Town of Whitby in the amount of $108,341.07, be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

That Report CS 51-16 from the Commissioner of Corporate Services/Treasurer is received as information.

1. That staff implement the graffiti mitigation program described in Report LS 02-16; and, 2. That Council authorize the one-time expenditure of up to $10,000 Page 22 of 33 Regular Council Minutes June 27, 2016 - 7:00 PM from reserves for the purchase of three to four portable video cameras and accessory equipment/initial setup to help detect and identify graffiti vandals.

1. That Report PW 19-16 be received for information; and, 2. That the Clerk be directed to bring forward a By-law to amend the Fill Control By-law 5849-06, substantially in the form of the draft By-law appended as Attachment #2 to this report.

1. That Council approve entering into a lease agreement with Small Craft Harbours Branch of the Department of Fisheries and Oceans Canada for the use of the Whitby Harbour, for a term of five (5) years commencing September 1, 2016, subject to the terms and conditions outlined in the staff report; 2. That Council approve entering into a new Whitby Harbour sub- lease agreement with the Whitby Yacht Club, for a term of five (5) years commencing September 1, 2016, subject to the terms and conditions outlined in the staff report; 3. That Council authorize the Mayor and Clerk to execute the Harbour lease agreement with Small Craft Harbours Branch of the Department of Fisheries and Oceans Canada and the sub- Page 23 of 33 Regular Council Minutes June 27, 2016 - 7:00 PM lease agreement with the Whitby Yacht Club; and, 4. That Council authorize the implementation of a new Harbour Maintenance Reserve to be financed by Whitby Yacht Club net lease payments to fund future harbour maintenance and dredging projects.

1. That Community and Marketing Services Report CMS 42-16 be received as information; and, 2. That Council approve the use of facility space for the Community Innovation Lab’s NEET Youth Incubator Program at the Brooklin Community Centre and Library as an in-kind (no rental fee) contribution.

1. That Council approve the use of up to 25 Port Whitby Marina slips for overflow dockage during each day of the July 25 to 31, 2016 Lake Yacht Racing Association (LYRA) Regatta hosted by the Whitby Yacht Club; 2. That Council approve the use of Town of Whitby special events equipment to the Whitby Yacht Club during the July 25 to 31, 2016 LYRA Regatta including outdoor tables and chairs, picnic tables, waste receptacles and stage risers, subject to the Page 24 of 33 Regular Council Minutes June 27, 2016 - 7:00 PM conditions outlined in the staff report; 3. That Council authorize the Whitby Yacht Club to utilize a portion of Whitby Harbour for the mooring of deep draft racing vessels during the July 25 to 31, 2016 LYRA Regatta; 4. That Council authorize the promotion of the July 25 to 31, 2016 LYRA Regatta on the Town of Whitby website and social media channels; and, 5. That the cost to provide the special events equipment (delivery and pickup) to the Whitby Yacht Club be addressed within the department(s) 2016 operating budget(s).

1. That Community and Marketing Services Department Report, CMS 44-16 regarding the Whitby Iroquois Soccer Club and the second indoor soccer dome project be received as information; 2. That the Council approved second indoor soccer dome project to be located north of the existing indoor soccer dome at the Rossland Road Soccer Complex be cancelled; 3. That the Town of Whitby inform the general contractor, Gay Company Ltd., the low bidder for the construction Tender and the dome fabric supplier, The Farley Group, that the project is cancelled; 4. That Council authorize staff to work with the Whitby Iroquois Soccer Club to re-scope the project with the design of a second permanent indoor soccer dome over the existing outdoor artificial turf field; 5. That the Whitby Iroquois Soccer Club be requested to submit a revised business, financing and operating plan for the projected $4M capital plus operating costs for the re-scoped dome project; 6. That AECOM be retained to work with staff and the Whitby Iroquois Soccer Club to refine the capital costs associated with the re-scoped project of doming the existing outdoor artificial turf field; and, 7. That staff report back to Council in the fall following the Page 25 of 33 Regular Council Minutes June 27, 2016 - 7:00 PM discussions and review of the Whitby Iroquois Soccer Club’s business and operating plan to support the re-scoped indoor soccer dome project and the proposed terms and conditions of the Town - Whitby Iroquois Soccer Club

1. That Council approve the Terms of Reference, as indicated on Attachment 1, for the development of the Recreational User Fees Study; 2. That Council authorize Staff to issue a Request for Proposal to obtain submissions from qualified consultants for the preparation of the Recreational User Fees Study; and, 3. That Staff report back to Council with a recommendation regarding the preferred consultant, the cost to complete the project and the timetable to complete the preparation of the Recreational User Fees Study.

1. That Council approve a partnership with Whitby Hydro Energy Corporation (WHEC) and subject to WHEC Board approval, to install two (2) Capstone C65 Combined Heat and Power (CHP) Micro-turbines at the Whitby Civic Recreation Complex (CRC); 2. That Council approve the purchase of one (1) Capstone C65 CHP Microturbine, as a bona-fide sole source procurement in accordance with section 11 of the Purchasing Policy; Page 26 of 33 Regular Council Minutes June 27, 2016 - 7:00 PM 3. That the project cost of $318,703 be funded from uncommitted one-time reserves; and, 4. That the Clerk forward a copy of staff report CMS 46-16 to the Whitby Sustainability Advisory Committee and Whitby Hydro Energy Corporation.

1. That Council authorize staff to make an application to the Federal Economic Development Agency for Southern Ontario for the Canada 150 Community Infrastructure Program (CIP) Intake Two; 2. That Council approve the proposed Trails project outlined in Community and Marketing Services Department Report CMS 47- 16 for funding under the Canada 150 CIP Intake Two; 3. That an application for funding to the Canada 150 CIP Intake Two in the amount of $165,000 be approved for the proposed Trails project; and, 4. That the Clerk forward a copy of staff Report CMS 47-16 to Celina Caesar- Chavannes, Member of Parliament for Whitby.

1. That staff be authorized to negotiate a three year lease agreement, subject to the terms and conditions outlined in Report No. CS 42-16, with Metrolinx for Town land located at the north- Page 27 of 33 Regular Council Minutes June 27, 2016 - 7:00 PM east corner of Henry and Victoria Streets for the purpose of a temporary parking lot consisting of approximately 512 parking spaces; 2. That the Town Solicitor be directed to prepare a lease agreement; 3. That the Clerk forward a copy of Corporate Services Report CS 42-16 and Council resolution to Metrolinx; and, 4. That the Mayor and Clerk be authorized to execute the lease documents.

That the Memorandum from Janice Stubbs, Manager of Human Resource Services, regarding an Update on the Status of the Performance Management Program, be received for information.

Page 28 of 33 Regular Council Minutes June 27, 2016 - 7:00 PM That Memorandum from Janice Stubbs, Manager of Human Resource Services regarding an Update on the Status of the Performance Management Program, be received for information.

1. That Council approve Zoning Application Z-11-16, subject to the conditions contained in Section 8.0 of Planning Report PL 82-16; and, 2. That the amending By-law be brought forward for Council’s approval, as prescribed in Section 5.3 of Report Number PL 82- 16.

1. That TransCanada, the NEB and the City of Oshawa be advised Whitby has no objection to the re-alignment of the pipeline within the City of Oshawa provided that any such alignments including any required ROW easements, setbacks and safety zones, are fully contained within the City of Oshawa; 2. That the Clerk forward a copy of Planning and Development Report No. PL 83-16 and Council’s resolution to the City of Oshawa, Region of Durham, CLOCA, TransCanada, and the National Energy Board; and, 3. That the landowners within the Town of Whitby that would be impacted by a realignment be advised of Council’s resolution and provided a copy of Planning Report PL 83-16. Page 30 of 33 Regular Council Minutes June 27, 2016 - 7:00 PM

That leave be granted to introduce By-law # 7154-16 to # 7164-16 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 # 7165-16, as amended, 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 the Clerk sign the same and the Seal of the Corporation be thereto affixed. Page 32 of 33 Regular Council Minutes June 27, 2016 - 7:00 PM

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 27, 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.