The Whitby Record

Regular Council Meeting

June 29, 2015

Who was there

Present (3): Chris Leahy, Elizabeth Roy, Steve Yamada

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (43 motions)

42 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.

That the minutes be adopted.
Moved by Councillor Coe, seconded by Councillor Roy
Carried
That the rules of procedure be suspended to allow the delegation to exceed the ten minute speaking limit.
Moved by Councillor Yamada, seconded by Councillor Leahy
Carried
That the rules of procedure be suspended to allow a delegation that had not first appeared before the appropriate Standing Committee.
Moved by Councillor Roy, seconded by Councillor Yamada
Carried
That a motion to hear the delegation by Jim Monaghan with respect to PL 51-15 be approved.
Moved by Councillor Roy, seconded by Councillor Coe
Carried
That the proclamation for Prostate Cancer Awareness Month - September 2015, be endorsed.
Moved by Councillor Coe, seconded by Councillor Roy
Carried
1. That Council approve the application to amend the Town of Whitby Official Plan (OPA-2014-W/02, Z-10-14) as Amendment No. 100 to the Whitby Official Plan, as shown on Attachment # 7, subject to the comments and conditions contained in Section 8 of Planning Report Item No. 52-15; 2. That a By-law to adopt Official Plan Amendment No. 100 to the Whitby Official Plan be brought forward for consideration by Council; 3. That the Clerk forward a copy of Planning Report Item 52-15, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Official Plan Amendment No. 100 to the Region of Durham’s Commissioner of Planning; 4. That Council approve the application to amend Zoning By-law No. 2585, (Z-10-14), subject to the comments and conditions contained in Section 8 of Planning Report Item No. 52-15 and the approval of Amendment No. 100 to the Whitby Official Plan; 5. That Council approve the retention of the Open Space block as shown on Attachment #5 for the purpose of public open space and zone such lands Open Space (OS); and, 6. That a By-law to amend Zoning By-law No. 2585 be brought forward for consideration by Council.
Moved by Councillor Coe, seconded by Councillor Emm
Carried
1. That the correspondence from C. McLachlan to R. Short dated June 11, 2015 be received; 2. That Official Plan Amendment OPA 2014-W/01, as requested by C. McLachlan be closed and all agencies so notified; 3. That Zoning Application Z-07-14 as submitted on September 23, Page 7 of 32 Regular Council Minutes June 29, 2015 - 7:00 PM 2014, be refused in that it is not in compliance with the Whitby Official Plan; 4. That correspondence as submitted by C. McLachlan be received and the revised concept plan be accepted as the basis for the amendment to the Zoning Application now before the Town as File Z-07-14 (amended June 11, 2015); 5. That the amended application be
Moved by Councillor Coe, seconded by Councillor Emm
Referred
1. That Council approve the application for a major red line amendment (File No. MR-01-14) to a draft approved plan of subdivision as illustrated on Attachment #6, save and except for lots 159 to 170, blocks 171 to 174, subject to the comments and conditions as contained in Section 8.0 of Planning Report PL 51-15; 2. That Council defer the approval of lots 159 to 170 and blocks 171 to Page 8 of 32 Regular Council Minutes June 29, 2015 - 7:00 PM 174 until Council has determined whether public laneways will be utilized in plans of subdivision; 3. That Council approve the application to amend Zoning By-law 1784 (File No. Z-05-14) subject to the comments and conditions as contained in Section 5.0 of Planning Report PL 51-15; 4. That Council appoint the firm of Williams & Stewart Associates as Control Architect for the Draft Plan of Subdivision: 5. That any necessary By-law be presented for Council’s approval; 6. That staff be authorized to prepare a subdivision agreement; 7. That the Mayor and Clerk be authorized to sign any necessary documents; 8. That the Region of Durham Commissioner of Planning be advised of Council’s decision; and, 9. That the Clerk forward a Notice of Decision to those parties and agencies of whom requested to be notified of Council’s decision.
Moved by Councillor Coe, seconded by Councillor Emm
Carried
That the main motion be amended by deleting the words 'the West Whitby subdivision, including' from Item 4 of the recommendation.
Moved by Councillor Roy, seconded by Councillor Coe
Carried
Page 11 of 32 Regular Council Minutes June 29, 2015 - 7:00 PM 1. That Planning Report No. PL 55-15 be received as information; 2. That the properties known as 1615 Brock Street South and 1621 Brock Street South be removed from the Heritage Registrar of the Town of Whitby and the Clerk be authorized to complete same; 3. That the applicant provide in writing to the Town, that it shall not proceed with the demolition of either structure without the completion of an archaeological study by a qualified firm in the Province in Ontario and that such report, once complete, will be filed with the Town of Whitby and the responsible Ministry; 4. That the applicant be required to provide in writing to the Town, that it will retain and protect specific building materials such as bricks that will be used in the re-build of interior spaces of the property in order to tell the story of the buildings and that they further agree to commemorate the buildings in the new plans and that these details be part of the Site Plan approval process; 5. That the applicant agree to a voluntary payment to the Town of Whitby of $15,000.00 in order to fund Heritage initiatives of the Town of Whitby; 6. That the Town of Whitby be given permission to remove any heritage elements of the buildings in co-operation with the applicant, they deem appropriate for reuse in Town facilities or parks; and, 7. That the Chief Building Official be authorized to issue the demolition permits for the buildings located at 1615 a
Moved by Councillor Coe, seconded by Councillor Emm
Carried
1. That Council approve Zoning Amendment (Z-04-15) and Site Plan Application (SP-03-15), subject to the conditions contained in Section 8.0 of Planning Report PL 59-15; 2. That the amending By-law be brought forward for Council’s approval; and, 3. That the Mayor and Clerk be authorized to execute the Site Plan Agreement.
Moved by Councillor Coe, seconded by Councillor Emm
Carried
1. That Council approve $12,500 in 2015 for additional costs associated with the closure of Baldwin Street and local roads for Harvest Festival; 2. That Staff report back to Council after the event in the fourth quarter to outline staffing and financial resources implications for downtown events for 2016 and beyond; and, 3. That a copy of this report be forwarded to Group 74, Brooklin Downtown Business Association, the Brooklin Downtown Development Steering Committee, Durham Regional Police, Ontario Provincial Police, and the Ministry of Transportation.
Moved by Councillor Coe, seconded by Councillor Emm
Carried
1. That Council approve Zoning Application Z-07-15, subject to the conditions contained in Section 8.0 of Planning Report PL 46-15; and, 2. That the amending By-law be brought forward for Council's approval, as prescribed in Section 5.3 of Report Number PL 46-15, utilizing Concept #1 dated June 2, 2015 as the solution for the shared driveway turn around.
Moved by Councillor Coe, seconded by Councillor Emm
Carried
That Council receive Planning and Development Report Item PL 58-15 for information.
Moved by Councillor Coe, seconded by Councillor Emm
Carried
1. That Planning Report PL 54-15, regarding the 2015 Doors Open Whitby Event be received as information; 2. That the establishment of the Doors Open Sub-committee to LACAC as an Advisory Committee of Council be approved in principle; 3. That Planning Staff report back to Council in the fourth quarter on Page 14 of 32 Regular Council Minutes June 29, 2015 - 7:00 PM final recommendations and Terms of Reference for establishing a Doors Open Advisory Committee of Council and recommended budget allocation for 2016; and, 4. That a copy of Council resolution be forwarded to the Chair of LACAC Heritage Whitby and the sub-committee for Doors Open.
Moved by Councillor Coe, seconded by Councillor Emm
Carried
1. That Legal and Human Resource Services/Public Works Report LS 06-15 be received for information; and, 2. That Council direct staff to invite public/agency review and feedback on the draft Site Alteration By-law and Site Alteration Guidelines for a period of 90 days.
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
That Report CLK #03-15 of the Office of the Town Clerk be received for information.
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
1. That Council adopt in principle the recommendations contained in the Sports Facility Strategy as outlined in Attachment #1 of Community and Marketing Services Department Report, CMS 35-15; 2. That Staff be directed to incorporate the recommendations contained in the Sports Facility Strategy within future capital budgets and future development applications where applicable, and the forthcoming Development Charges Study; 3. That Staff undertake a site review assessment for the proposed Brooklin Indoor Sports Facility and report back to Council; Page 16 of 32 Regular Council Minutes June 29, 2015 - 7:00 PM 4. That Staff be authorized to enter into discussion with the Whitby Iroquois Soccer Club regarding a partnership to develop a second indoor soccer facility, and to report back regarding the project; and, 5. That a copy of the Sports Facility Strategy be provided to all Major Sport User Groups, the Durham District School Boards, and the Brooklin Spring Fair Board.
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
1. That the Town of Whitby accept the low compliant tender as received from M & E General Contracting Inc. in the amount of $57,674.50 (excluding taxes) for the replacement of chain link fences adjacent to Town owned Property as required by the Town of Whitby; 2. That the total estimated project cost in the amount of $74,457.03 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
That Council approve the Mayor's Community Development Fund policy, as provided in Attachment 1.
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
1. That the Town of Whitby accept the low compliant tender as received from Canadian Tech Air Systems Inc. in the amount of $107,920.00 (excluding taxes) for the supply and installation of four (4) electric desiccant dehumidifiers for Iroquois Park Sports Centre; 2. That the total estimated project cost in the amount of $118,920.00 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
1. That the Town of Whitby accept the low compliant tender as received from Appco Paving Ltd. in the amount of $224,007.00 (excluding taxes) to complete miscellaneous asphalt patching as required by the Town of Whitby; 2. That the total estimated project cost in the amount of $320,000.00 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
1. That the Town of Whitby grant a permanent easement to the Regional Municipality of Durham described as Part 1, Plan 40R- 28508 for the purposes of a sanitary sewerage storage tank; and, 2. That the Mayor and Clerk be authorized to execute the required documents.
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
1. That the annual Statement of Development Charge Reserve Funds as at December 31, 2014 be received as information; and, 2. That a copy of the Statement be forwarded to the Minister of Municipal Affairs and Housing.
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
That Report No. CS 68-15 of the Commissioner of Corporate Services/Treasurer be received as information. Page 19 of 32 Regular Council Minutes June 29, 2015 - 7:00 PM
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
1. That the Town of Whitby accept its portion of the low tender from 1035477 Ontario Ltd. o/a Glenn Windrem Trucking in the estimated annual amount of $46,200.00 (excluding taxes) for the delivery of sodium chloride; 2. That the total estimated three (3) year amount of $141,039.36 be approved; 3. That approval be granted for the option to extend the contract for two (2) additional years based on satisfactory performance, and budget approval; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
1. That the Town of Whitby accept the highest scoring proposal of AECOM Canada Ltd. in the amount of $71,969.00 (excluding taxes) to provide consulting services for a functional feasibility assessment of Lynde Creek CNR and GO Transit culverts, as required by the Town of Whitby; 2. That an over-expenditure in the amount of $5,600.00 be approved and funded from current year maintenance savings; 3. That the total estimated cost in the amount of $80,600.00 be approved; and, Page 20 of 32 Regular Council Minutes June 29, 2015 - 7:00 PM 4. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
1. That the Town of Whitby accept its portion of the low tender from Cargill Deicing Technology in the estimated annual amount of $27,551.52 (excluding taxes) for the supply and delivery of pretreated salt; 2. That approval be granted for the option to extend the contract for two (2) additional years based on satisfactory performance, and budget approval; 3. That the total estimated three (3) year amount of $82,654.56 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
Page 21 of 32 Regular Council Minutes June 29, 2015 - 7:00 PM 1. That the Town of Whitby accept the low tender as received from Langley Utilities Contracting Ltd. in the amount of $578,945.00 (plus applicable taxes) for the streetlight luminaire replacement and installation of photocell program on an eighteen (18) month term; 2. That the total estimated project cost in the amount of $649,134.43 be approved; 3. That approval be granted for the option to extend the contract for two (2) additional one (1) year terms based on satisfactory performance, and budget approval; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
1. That the Town of Whitby accept the low tender as received from LED Roadway Lighting in the amount of $188,475.30 (plus applicable taxes) for the supply and delivery of omnidirectional photocells on an eighteen (18) month contract, as required by the Town of Whitby; 2. That a cost of $10,868.00 be approved to cover the purchase of additional omnidirectional photocells to cover any luminaire photocell failures not being replaced in the first phase of LED luminaire replacements; 3. That the total estimated project cost in the amount of $202,660.47 be approved; 4. 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; and, 5. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
1. That Council approve the conveyance of two parcels from the Kinsmen Club of Whitby to the municipality comprising 0.07 hectares at the southeast corner of Centre and Chestnut Streets and 0.59 hectares known as 201 Chestnut Street West; and, 2. That Council authorize Community and Marketing Services Staff to undertake the repairs to the horseshoe pits in Kinsmen Park.
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
1. That Council approve the retention of the Log Cabin located in Cullen Central Park in municipal ownership; 2. That Council approve the relocation of the Log Cabin on lands owned by the Town of Whitby within Cullen Central Park; 3. That Council approve the disposition of the Jones Puckrin House to Laurie McCulloch Building Moving for nominal consideration; 4. That Council approve the sole sourcing of the relocation of the Log Cabin to Laurie McCulloch Building Moving as set out in the Staff report; 5. That the total estimated cost associated with the relocation, repair, renovation and site works for the Log Cabin, and the decommissioning of the existing site of the two structures in the amount of $235,000 (excluding taxes) be approved and funded from one time reserves; and, Page 23 of 32 Regular Council Minutes June 29, 2015 - 7:00 PM 6. That Council approve the reuse of the Log Cabin as a community meeting space as set out in the Staff report.
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
1. That Community and Marketing Services Department Report, CMS 36-15, providing an update on the details of Whitby Harbour Day 2015 be received for information; 2. That Council approve the recommendations of the Whitby Harbour Day Committee of Council regarding the proposed activities for the 2015 Whitby Harbour Day as outlined in the Staff report; and, 3. That Council authorize Staff to request approval from the Region of Durham for the Town of Whitby to undertake a road closure on Brock Street South for the duration of the Dentistry on Dundas fireworks display.
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
1. That Public Works/Community and Marketing Services Joint Report PW 29 -15 regarding a Status Update to the Town of Whitby Cycling and Leisure Trails Plan be received for information; 2. That Council approve the appointment of an Active Transportation Committee (ATC); 3. That staff report back in the fall with proposed Terms of Reference for the ATC; and, Page 24 of 32 Regular Council Minutes June 29, 2015 - 7:00 PM 4. That the ATC review and provide input into the Terms of Reference and throughout the 2016 Update to the Town of Whitby Cycling and Leisure Trails Master Plan.
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
1. That Report PW 33-15 be received as information; and, 2. That Public Works staff continue to provide Council with a status update on the Emerald Ash Borer (EAB) Action Plan in January and June of each calendar year until deemed as no longer required.
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
That Council support the Bell Boxes Murals Project with the Community Matters Toronto organization during Culture Days on September 25 – 26, 2015.
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
That the recommendations in Item 2.1 as contained in the confidential minutes of the Management Committee held on June 16, 2015 be adopted.
Moved by Councillor Roy, seconded by Councillor Coe
Carried
1. That Royal Bank of Canada ("Royal Bank") is appointed banker for the Customer; 2. That the Mayor Countersigned by either one of the Treasurer or Chief Administrative Officer are authorized on behalf of the Customer from time to time: a) to withdraw or order transfers of funds from the Customer's accounts by any means including the making, drawing, accepting, endorsing or signing of cheques, promissory notes, bills of exchange, other orders for the payment of money or other instruments or the giving of other instructions; b) to sign any agreements or other documents or instruments with or in favour of Royal Bank, including agreements and contracts relating to products or services provided by Royal Bank to the Customer; and, c) to do, or to authorize any person or persons to do, any one or more of the following: i. to receive from Royal Bank any cash or any securities, instruments or other property of the Customer held by Royal Bank, whether for safekeeping or as security, or to give instructions to Royal Bank for the delivery or other transfer of any such cash, securities, instruments or other Page 26 of 32 Regular Council Minutes June 29, 2015 - 7:00 PM property to any person named in those instructions; ii. to deposit with or negotiate or transfer to Royal Bank, for the credit of the Customer, cash or any security, instrument or other property, and for those purposes to endorse (by rubber stamp or otherwise) the name of the Customer, or any other name under which the Cust
Moved by Councillor Coe, seconded by Councillor Roy
Carried
1. That the Town of Whitby accept the low tender as received from 784437 Ont. Inc. o/a Snyder Construction in the amount of $136,829.16 (plus applicable taxes) to complete the exterior sidewalk, asphalt and interior works associated with the former Brock Street Activity Centre and Lynde House; 2. That an over expenditure in the amount of $61,545.35 be approved and funded from one time reserves; 3. That the total estimated project cost in the amount of $147,237.35 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Gleed, seconded by Councillor Emm
Carried
That leave be granted to introduce By-law #7011-15 to 7021-15 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.
Moved by Councillor Gleed, seconded by Councillor Yamada
Carried
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 29, 2015 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.
Moved by Councillor Roy, seconded by Councillor Emm
Carried
That the meeting adjourn.
Moved by Councillor Leahy, seconded by Councillor Drumm
Carried
That Council approve the application for the recommended Draft Plan of Subdivision (File No. SW-2011-01) as illustrated on Attachment # 5 subject to the comments and conditions contained in Section 9.0 of Planning Report PL 57-15; 2. That Council approve the application to amend Zoning By-law 1784 (File No. Z-03-11) subject to the comments and conditions contained in Section 5.0 of Planning Report PL 57-15; 3. That Council appoint the firm of Williams & Stewart Associates as Control Architect for the recommended Draft Plan of Subdivision; 4. That a comprehensive By-law for the West Whitby subdivision, including Heathwood Homes, be brought forward to Council for approval at such time as requested zone provisions have been reviewed and accepted; 5. That staff be authorized to prepare a subdivision agreement; 6. That the Mayor and Clerk be authorized to sign any necessary documents; 7. That the Region of Durham Commissioner of Planning be advised of Council’s decision; 8. That the Clerk forward a Notice of Decision to those parties and agencies who have requested to be notified of Council’s decision; 9. That Heathwood Homes enter into a front ending agreement with the Town for the purpose of establishing the permanent storm water management facility size and identifying the benefiting land owners based on the drainage areas; 10. That Heathwood Homes provide a permanent letter of credit for
Moved by Councillor Coe, seconded by Councillor Emm
Carried

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