Regular Council Meeting

Whereas the Ontario government is proposing to make a variety of changes to the Employment Standards Act through Bill 148, The Fair Workplaces, Better Jobs Act, 2017; And Whereas the Premier and Minister of Labour stated at the annual AMO conference that the unintended consequences of Bill 148 related to municipal governments will be re-examined; And Whereas scheduling, on-call payments, equal pay provisions, vacation entitlements, personal emergency leave, union certification, and successor rights are a few of the issues that would impact municipal operations and budgets; and, And Whereas recent amendments adopted at the Standing Committee on Finance and Economic Affairs further impact employers, including municipal governments. Now Therefore Be It Resolved: That the Council of the Town of Whitby requests that the Government of Ontario honour its commitment made at AMO to re-examine the unintended consequences of Bill 148 as it relates to municipal governments; That these unintended consequences be rectified; and, That a copy of this resolution be forwarded to The Honourable Kathleen Wynne, Premier of Ontario, The Honourable Kevin Flynn, Minister of Labour, Mr. Lorne Coe, M.P.P., Whitby-Oshawa and AMO.

That the minutes be adopted.

That the proclamations for National Hunger Awareness Week - September 18 to 22, 2017, Prostate Cancer Awareness Month - September 2017 and National Occupational Therapy Month - October 2017 and the flag raising for Global Entrepreneurship Week - November 13, 2017, be endorsed.

1. That Council refuse Site Plan Application SP-05-17 for the following reasons: a. The proposed tower location does not satisfy the requirements of Policy MS 070; and, b. The proposed tower location is adjacent to a residential community and is not considered to be compatible with surrounding land uses.

1. That Council approve the application for a Draft Plan of Condominium (CW-2017-03) subject to the conditions of approval in Attachment #3 of Planning and Development Department Report Number PL 75-17; 2. That the Mayor and Clerk be authorized to execute the Condominium Agreement for the subject property; and, 3. That the Clerk advise the Commissioner of Planning and Economic Development at the Region of Durham of Council's decision.

1. That an amendment to Municipal By-law #6919-14 be brought forward to the Regular Council Meeting on September 18, 2017 for Council's consideration; and, 2. That a copy of PL 77-17 be forwarded to the property owner and the Ontario Heritage Trust.

1. That report CAO 08-17 be received as information; and, 2. That staff report back on the strategic findings and recommendations of Phase One of the Corporate Rebrand Project in Q4 2017.

1. That report CAO 10-17, as amended by the Memorandum from the Manager of Corporate Communications dated September 11, 2017, be received as information; 2. That Council approve the relocation of the Farmers’ Market from 201 Brock Street South (Firehall Site), to Celebration Square at the Whitby Public Library in October 2017; and, 3. That staff be directed to prepare an agreement between the Durham Region Farmers’ Market Association and the Town of Whitby for the use of Celebration Square.

Page 6 of 18 Regular Council Minutes September 18, 2017 - 7:00 PM 1. That Report CLK 21-17 be received; 2. That Council approve the 2018 Council and Committee Calendar appended as Attachment #1 to this report; and, 3. That the Town Clerk take the necessary action to give effect thereto.

1. That Whitby Town Council hereby declares their support for the application made by the Town Brewery, located at 1632 Charles Street, Whitby, for a Manufacturer’s Limited Liquor Sales Licence (“By the Glass”) to the Alcohol and Gaming Commission of Ontario (AGCO); and, 2. That the Clerk provide written notice to the Alcohol and Gaming Commission of Ontario (AGCO) and the Town Brewery notifying them of Council’s resolution confirming its support.

That Public Works Report PW 25-17 regarding the Ontario Municipal Commuter Cycling Program be received for information.

That Council approve the draft Concussion Policy as outlined in CMS Report 41-17.

1. That Community and Marketing Services Report CMS 42-17 regarding the Summer Camp and Playground Programs pertaining to the following items be received as information: a. A review of the 2017 Summer Camp and Playground Programs and changes to these programs for 2018 based on community growth and needs; and, b. The impact of the Province of Ontario’s proposed Bill 148 Fair Workplaces, Better Jobs Act on the operating budget of the Summer Camp and Playground Programs. 2. That the Chief Administrative Officer and the Town Clerk report back to Council on the impact of Bill 148 - The Fair Workplaces, Better Jobs Act and prepare a resolution that reiterates the Premier’s commitment at AMO to review the unintended consequences of the Bill on municipalities.

That the 2018 Budget Process and Calendar outlined in this report be approved by Council and that the Town Clerk establish the meeting dates.

1. That the Town of Whitby accept the low bid as submitted from Alineutility Limited in the amount of $406,302.50 (plus applicable taxes) for the Streetlight Luminaire Replacement project for an eight (8) month term; 2. That the total estimated project cost in the amount of $454,083.66 be approved; 3. That approval be granted for the option to extend the contract for one (1) additional one (1) year term based on satisfactory performance, and budget approval; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Council authorize staff to sole source the Pole Transformer Removal/Street Light Pole Installation Project to Westmore Poleline & Electric Inc. based on the provided quotation of $126,990, exclusive of taxes, plus a contingency of 10% for a total project cost of $138,000; and, 2. That a copy of this report be forwarded to Whitby Hydro for their information.

1. That the agreement with the Royal Bank of Canada (RBC) for the provision of banking services be renewed as amended for a period of five years; 2. That the Clerk update the required By-law for Council adoption; 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 York Region Equipment Centre in the amount of $135,800.00 (plus applicable taxes) for the supply and delivery of one (1) Articulated Compact Wheel Loader; 2. That the over expenditure of $14,190.08 be financed from the Maintenance Reserve; 3. That the total estimated project cost for the Town of Whitby in the amount of $139,190.08 be approved; and; 4. That the Mayor and Clerk be authorized to execute the contract documents.

Whereas the auto sector directly employs over 101,000 people in Ontario, and indirectly supports the creation of more than 300,000 good jobs in communities nationwide; And Whereas the automotive industry represents Canada’s largest manufacturing sector, Ontario’s chief export and the economic lifeblood of hundreds of Canadian communities; And Whereas a thriving auto sector is an essential part of Whitby's local economy, stimulating growth, innovation, and good, high-paying jobs; And Whereas Canada’s auto sector has been deeply integrated with that of the United States since the early-20th century, as indicated by the 1965 Canada-US Auto Pact; And Whereas the North American Free Trade Agreement governs nearly every aspect of Canada and the United States’ economic relationship, including the import and export of auto parts and vehicles; Page 11 of 18 Regular Council Minutes September 18, 2017 - 7:00 PM And Whereas even minor changes to the established trade relationship between Canada and the United States could have enormous consequences for workers and consumers on both sides of the border; And Whereas in 2016 the government of Ontario and Michigan signed a Memorandum of Understanding calling for increased cooperation and partnership between their two automotive sectors; And Whereas the United States has announced its intent to renegotiate NAFTA; And Whereas Canada’s economic future and the continued well-being of Whitby’s local economy depend on a thriving automotive sector.

Whereas the current Parks By-law was enacted in 2002; And Whereas the Town is growing in terms of population and size, and as our resident base grows so too will our park usage; Page 12 of 18 Regular Council Minutes September 18, 2017 - 7:00 PM And Whereas neighbouring municipalities have introduced permitting processes for the use of parks by large groups; And Whereas the use of drones is becoming commonplace given the affordability and availability of the technology; And Whereas the use of e-cigarettes is increasing, thus requiring a review of the Town’s Smoking in Outdoor Public Places By-law. Now Therefore Be It Resolved: That the Commissioner of Community and Marketing Services and Town Solicitor be directed to conduct a comprehensive review of the Parks By-law and Smoking in Outdoor Public Places By-law before the end of Q1 2018, including regulations related the permitting of large groups, use of barbeques, non-tobacco smoking, and the use of drones.

Whereas the Ontario government is proposing to make a variety of changes to the Employment Standards Act through Bill 148, The Fair Workplaces, Better Jobs Act, 2017; And Whereas the Premier and Minister of Labour stated at the annual AMO conference that the unintended consequences of Bill 148 related to municipal governments will be re-examined; And Whereas scheduling, on-call payments, equal pay provisions, vacation entitlements, personal emergency leave, union certification, and successor rights are a few of the issues that would impact municipal Page 13 of 18 Regular Council Minutes September 18, 2017 - 7:00 PM operations and budgets; and, And Whereas recent amendments adopted at the Standing Committee on Finance and Economic Affairs further impact employers, including municipal governments. Now Therefore Be It Resolved: That the Council of the Town of Whitby requests that the Government of Ontario honour its commitment made at AMO to re-examine the unintended consequences of Bill 148 as it relates to municipal governments; That these unintended consequences be rectified; and, That a copy of this resolution be forwarded to The Honourable Kathleen Wynne, Premier of Ontario, The Honourable Kevin Flynn, Minister of Labour, Mr. Lorne Coe, M.P.P., Whitby-Oshawa and AMO.

That the Notice of Motion regarding Fallingbrook Park be

That leave be granted to introduce By-law # 7312-17 to # 7319-17 and to dispense with the reading of the by-laws by the Clerk and that the same be considered read and passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.

That leave be granted to introduce a by-law and to dispense with the 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 September 18, 2017 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. Page 17 of 18 Regular Council Minutes September 18, 2017 - 7:00 PM

That the Town of Whitby 2017 Development Charges Amendment Background Study: Roads and Related Services – Town-Wide Infrastructure, dated July 19, 2017, completed in accordance with Section 10 of the Development Charges Act, 1997, be adopted, including the capital program and all calculations therein; 2. That approval of the capital program included in the Background Study indicates Council’s intention that an increase in the need for service will be met as required under paragraph 2 of Section 5(1) of the Development Charges Act, 1997 and Section 3 of Ontario Regulation 82/98. This approval shall be subject to further annual review during the capital budget process; 3. That in accordance with s.s.5(1)5 of the Development Charges Act, 1997 and Section 5 of the Ontario Regulation 82/98, it is Council’s clear intention that any excess capacity identified in the Development Charges Amendment Background Study, shall be paid for by development charges contemplated in the said Development Charges Amendment Background Study, or other similar changes; 4. That having considered the submissions received on, before and during the public meeting held on September 11, 2017 in connection with the Development Charge Amendment Background Study, and the proposed amendment to the Development Charge By-Law, Council determine that no further public meeting under Section 12 of the Development Charge

That report No. CS 82-17 of the Commissioner of Corporate Services/Treasurer be received as information.