Regular Council Meeting

That the Special Council minutes of May 27, 2019, the Regular Council minutes of May 27, 2019, the Special Council minutes of May 30, 2019, and the Special Council minutes of June 17, 2019, be adopted.

That Council consider Item 7.7 at this time.

That the rules of procedure be suspended to hear a delegation from George Lysyk regarding Item 6.10, PL 55-19.

That the proclamation for Whitby Youth Day be endorsed.

That the Whitby Sustainability Advisory Committee requests that the Council of the Town of Whitby endorse the following: Page 4 of 36 Regular Council Minutes June 24, 2019 - 7:00 PM 1. That Council recognizes that climate change poses a significant threat to both the current and future social, economic, and environmental well-being of the community; 2. That Council recognizes the need to strive for an extensive reduction in greenhouse gas emissions to reduce the local and global impacts of climate change; 3. That measures to promote mitigation and resiliency be considered and implemented across the community to ensure that the community remains prosperous and protected from climate change; 4. That Council declare a climate emergency as a way of strengthening Whitby’s commitment to reducing the short and long term impacts of climate change; 5. That Council demonstrate leadership and encourage the community to consider the urgency of climate change in all daily activities, and; 6. That Council request Staff to consider climate change as a priority in all activities and works completed across the municipality to strive for a deep reduction in greenhouse gas emissions and to consider comprehensive and proactive implementation of measures to promote mitigation and resiliency in the face of climate change.

1. That Council approve the Draft Plan of Subdivision, File: SW- 2017-05 subject to the comments included in Planning Report PL 57-19 and the conditions of draft plan approval included in Attachment # 8; 2. That Staff be authorized to prepare a Subdivision Agreement; 3. That the Region of Durham Commissioner of Planning be advised of Council’s decision; 4. That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision; 5. That Council approve the amendment to Zoning By-law # 2585, File: Z-15-17 as outlined in Planning Report PL 57-19; and, 6. That a By-law to amend Zoning By-law # 2585 be brought forward for consideration by Council.

That the main motion be amended to include Item 7 as follows: 7. That Council rescind delegated authority for site plan approval for the development.

That the Urban Design Plan for the northeast corner of Rossland Road East and Garden Street, dated May 6, 2019, prepared by Evans Planning Inc. and John G. Williams Limited on behalf of Whitby Realty Developments Inc. and Star Residence Ltd., be endorsed by Council and used in the review and consideration of associated development applications. Page 7 of 36 Regular Council Minutes June 24, 2019 - 7:00 PM

That the Comprehensive Block Plan for the South Brooklin, Conlin / Anderson Land Owners Group, dated May 2019, prepared by the Biglieri Group Ltd. be endorsed and used in the review and consideration of future development applications.

1. That Council approve the Major Redline Revision to the Draft Approved Plan of Subdivision (File: SW-2008-01 [MR-01-17]) subject to the comments included in Planning Report PL 58-19 and the Conditions of Draft Plan Approval included in Attachment # 8; 2. That Staff be authorized to prepare a Subdivision Agreement; 3. That the Region of Durham Commissioner of Planning be advised of Council’s decision; 4. That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision; 5. That Council approve the amendment to Zoning By-law # 2585, Page 8 of 36 Regular Council Minutes June 24, 2019 - 7:00 PM File: Z-15-17 as outlined in Planning Report PL 58-19; and, 6. That a By-law to amend Zoning By-law # 2585 be brought forward for consideration by Council.

1. That Council approve an amendment to Zoning By-law # 1784, File: Z-11-15 to change the zoning of the subject land from D(NR) – Development (Non-Residential) to C2-S – Special Purpose Commercial and M1A – Prestige Industrial with an exception to permit an automobile sales establishment; and, 2. That the Zoning By-law Amendment be brought forward for consideration by Council.

1. That Council approve an amendment to Zoning By-law # 2585, File: Z-32-18 to permit a mixed use (residential-commercial) building on the subject land; and, 2. That a Zoning By-law Amendment be brought forward for Council’s approval at such time as the proponent has provided a satisfactory updated Transportation Study (including the parking rationale) to the satisfaction of the Public Works Department.

1. That Council approve the amendment to Zoning By-law # 1784, File: Z-01-19, as outlined in Planning Report PL 54-19; and, 2. That a By-law to amend Zoning By-law # 1784 be brought forward for consideration by Council.

That Report PL 59-19, Downtown Whitby Action Plan June 2019 Update, be received as information. Page 11 of 36 Regular Council Minutes June 24, 2019 - 7:00 PM

That the Comprehensive Block Plan prepared for the Brooklin North Landowners Group Inc. dated April 2019, prepared by Malone Given Parsons Ltd., be endorsed in principle and used in the review and consideration of future development applications.

1. That the property municipally known as 400 Mary Street East be removed from the Town’s Municipal Heritage Register; 2. That a full Heritage Documentation Report be prepared prior to demolition and submitted to the Town to be deposited at the Whitby Archives; and, 3. That the final elevations for the proposed redevelopment be reviewed by the Heritage Whitby Advisory Committee.

1. That Council approve a Zoning By-law Amendment (Z-09-19) to permit a temporary residential sales office at the northeast corner of Thickson Road North and Columbus Road East for a three year period; and, 2. That the Zoning By-law Amendment be brought forward for Council’s consideration.

1. That Council respectfully decline to participate in the application for the Audit and Accountability Fund; and, 2. That the CAO prepare a letter to the Minister highlighting efforts Page 13 of 36 Regular Council Minutes June 24, 2019 - 7:00 PM that have been taken to proactively find efficiencies and improve service delivery at the Town of Whitby.

Whereas the Regional Governance Review Terms of Reference for Special Advisors Michael Fenn and Ken Seiling states that all materials produced by the Special Advisors, including research analysis, reports and recommendations, are the exclusive property of the Ministry of Municipal Affairs and Housing and may be released publicly at the discretion of the Ministry; Whereas the Regional Governance Review must be transparent in the interest of accountability and in consideration of the potential impacts to local and regional municipal governments; Whereas the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) has requested that the report containing the Special Advisors findings and recommendations to the Minister of Municipal Affairs and Housing that is due to be presented in early July be made public; Now Therefore be it Resolved: That the Council of the Town of Whitby endorses AMCTO’s position that the report prepared by the Special Advisors regarding the Regional Government Review be released upon its finalization and presentation to the Minister in July; and, That the Clerk be directed to circulate a copy of this resolution to the Minister of Municipal Affairs and Housing, Lorne Coe M.P.P, Special Advisors Michael Fenn and Ken Seiling, AMCTO, AMO, and all GTA municipalities.

Whereas the use of residential housing for short-term rentals through sites like Airbnb pose challenges for existing stable neighbourhoods, including increased noise, garbage, and parking issues; And Whereas the negative impacts of short-term rental accommodations are increased when entire homes are rented, and the homeowner is not present; And Whereas other municipalities across Ontario have investigated and implemented solutions to attempt to mitigate the negative impacts of short-term rental accommodations in their communities; Now Therefore be it Resolved: That Council direct staff to report back in Fall 2019 regarding potential measures and options to regulate short-term rental accommodations in Whitby, including a review of what other municipalities have undertaken in this matter and the impact of short-term rental rules in their communities.

That Staff be directed to report back by Q4 2019 about traffic calming opportunities and/or traffic calming pilot projects that could be implemented for Robert Attersley Drive and Promenade Drive.

That the main motion be amended to insert the words "including speed bumps" after the word "projects".

That Staff be directed to report back by Q4 2019 about traffic calming opportunities and/or traffic calming pilot projects, including speed bumps, that could be implemented for Robert Attersley Drive and Promenade Drive.

That the Region of Durham’s Smoke-Free By-law be

That the Council of the Corporation of The Town of Whitby hereby consents to and endorses in its entirety the Region of Durham Smoke- Free By-law #28-2019.

That the Ethno-cultural and Diversity Advisory Committee’s name be changed to the Whitby Diversity and Inclusion Advisory Committee.

1. That the Town of Whitby accept the low bid as submitted by Smith and Long Limited in the amount of $274,149.08, (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete Willow Park Accessible Page 17 of 36 Regular Council Minutes June 24, 2019 - 7:00 PM Baseball Diamond as required by the Town of Whitby; 2. That the total project cost including contingency of $313,974.10 be approved; 3. That the Town authorize a funding contribution of up to $45,000.00 to mitigate any donation / sponsorship funding shortfall for the accessible ball diamond at Willow Park and that the funding source(s) be determined by the Treasurer; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That CAO 21-19 be received as information, and; 2. That staff report back to Council in the fall of 2019 on the recommended next steps following Public and Stakeholder consultation on the proposed Civic Centre Project.

1. That Council approve the new parking opportunities in Downtown Whitby (see Attachment 1 for modifications); and, 2. That Council authorize the Clerk to bring forward the amending By-laws for Council approval.

1. That Council approve the new parking opportunities in Downtown Whitby, save and except the proposed modifications to on-street parking on King Street between Colborne Street and Gilbert Street, until such time as Staff can undertake additional review and public consultation (see Attachment 1 for proposed modifications); and, 2. That Council authorize the Clerk to bring forward the amending By-laws for Council approval.

That Report No. CS 18-19 of the Commissioner of Corporate Services be received as information.

1. That the Town of Whitby accept the highest ranking proposal submitted by Stantec Consulting Ltd. in the amount of $579,502.00 (plus applicable taxes) for the provision of Detailed Design and Tender Preparation Services for the Des Newman Blvd. Overhead at CP Rail (Phase 1); 2. That the Total Project Cost (Phase 1) of $614,702.00 be approved; 3. That a budget increase of $49,789.00 be approved and the funding sources be determined by the Treasurer; 4. That approval be granted to award Phase 2 for the provision of Construction Liaison Services for the Des Newman Blvd. Overhead at CP Rail in an estimated amount of $62,000.00 (plus applicable taxes, CPI) subject to satisfactory performance and subject to budget approval; and, 5. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the annual statement of Development Charge and Parkland Reserve Funds as at December 31, 2018 be received as information; and, 2. That the annual update on the Non-Statutory and Statutory Development Charge exemptions and the total Development Charge collections be received as information. Page 20 of 36 Regular Council Minutes June 24, 2019 - 7:00 PM

1. That the Town of Whitby accept the low bid as submitted by Premier North Ltd. in the amount of $226,482.00, (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete the replacement of culverts on Conlin Road as required by the Town of Whitby; 2. That the Total Project Cost of $296,500.00 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That report CS 38-19 be received for information; 2. That staff be directed to amend the “Memorandum of Understanding between the Corporation of the Town of Whitby and the Downtown Whitby Business Improvement Area Board of Management” to include support for in-kind services of up to an annual maximum of $5,000, subject to the Town’s ability to deliver the services for Town Supported Events managed by the BIA Board of Management; 3. That the following events be considered “Town Supported Events” for 2019 in accordance with the Town’s Special Events Policy,: Cherries on the Promenade, Beer Fest and Christmas Page 21 of 36 Regular Council Minutes June 24, 2019 - 7:00 PM Market; 4. That the Town Clerk be authorized to execute the MOU, and be delegated the authority to make amendments thereto subject to such amendments being mutually agreed upon by the BIA Board of Management and the relevant Town Departments; and, 5. That Item MD-4779 be removed from the New and Unfinished Business List.

1. That the Town of Whitby accept the low bid as submitted by Hard-Co Construction Ltd. in the amount of $4,240,135.00 (plus applicable taxes) for all labour, materials, equipment and supervision necessary for the reconstruction of Centre Street South and Gilbert Street West; 2. That the Town of Whitby’s portion of the Total Project Cost in the amount of $3,470,000.00 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the 2020 Budget Process and Calendar outlined in this report be approved by Council and that the Town Clerk establish the meeting dates; Page 22 of 36 Regular Council Minutes June 24, 2019 - 7:00 PM 2. That the Commissioner of Corporate Services/Treasurer be authorized to initiate any changes for the 2020 Budget format that may enhance and ensure the information support the guiding financial principles of: • Incorporate a long term perspective; • Establish linkages to broad organizational goals; • Focus decisions on results and outcomes; • Involve and promote effective communication with stakeholders; • Promote program efficiency and effectiveness; and, 3. That an education and training session be held involving Council and Staff in Q3, 2019, being early in the 2020 budget process, for the purpose of discussing potential changes in the priority of projects in 2020 and long range financial planning impacts arising from the shortfall in the development charges collection and the potential impact of Bill 108.

1. That the Town of Whitby accept the low bid as submitted by Royalcrest Paving and Contracting Ltd in the amount of $689,000.00, (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete Central Park Renovation as required by the Town of Whitby; 2. That the total project cost including contingency of $912,030.40 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Public Works Report PW 22-19 on the status of existing Town of Whitby infrastructure assets be received for information; 2. That Council endorse the following recommendations for future versions of the MAMP: a. To continue to develop robust condition assessment programs, for all asset categories on a pre-determined schedule to keep data current and accurate; b. To continually research new technologies/available preventative maintenance and rehabilitation strategies to minimize lifecycle costs; c. To review the high priority projects identified within the MAMP and incorporate them into the Capital Budget/9 Year Forecast on an annual basis; d. To review asset management software needs and implement a solution to provide efficiencies; e. To update the MAMP and report to Council on an annual basis; f. To incorporate the findings of the Long Range Financial Plan into the MAMP; and, g. To review and update the Asset Management Policy and Governance at least every five years. In addition, future phases of the MAMP should include: h. To develop quantifiable relationship matrices between major capital infrastructure and future operating costs to assist in managing long-term sustainability of public assets; i. To incorporate the future near term assumption of assets from planned growth and Development Charges Study into the next phase of the MAMP (e.g. West Whitby); Page 24 of 36 Regular Council Minutes June 24, 2019 - 7:00 PM j. To identify through the Asset Management Resourc

1. That Council Approve an 11 month lease agreement between the Town of Whitby and the Okanagan Hockey Group for meeting space in the upper mezzanine of Iroquois Parks Sports Centre from August 11, 2019 to July 30, 2020 (the “Lease Agreement”); 2. That Staff be authorized to negotiate the terms and conditions of an extension agreement, if agreed to by the parties; and, 3. That the Mayor and Clerk be authorized to execute the Lease Agreement and sign any other related and necessary documents to the Lease Agreement.

1. That Council receive this report as information; and, 2. That Council endorses the 2019 Accessibility Advisory Committee Work Plan. Page 25 of 36 Regular Council Minutes June 24, 2019 - 7:00 PM

1. That Council receive CAO Report 18-19 as information; and, 2. That Council approve the proposed Business Planning process outlined in this report.

1. That Report CAO 16-19 be received; 2. That staff be authorized to negotiate a lease agreement for a six year term with Graywood Developments Ltd. for office space located at 3000 Garden Street (Whitby Town Square) on such terms as set out in Report CAO 16-19; 3. That the Mayor and Clerk be authorized to sign the lease agreement including any and all documentation necessary to give effect thereto; 4. That the lease and operating costs be added to the 2020 Operating Budget; 5. That one-time capital costs of $278,000 be funded from a source determined by the Treasurer; 6. That the CAO and the Commissioner of Corporate Services/Treasurer be authorized to enter into any ancillary agreements for the purchase of goods or services to expedite the relocation of staff to the leased premises; Page 26 of 36 Regular Council Minutes June 24, 2019 - 7:00 PM 7. That the leased office space be designated by Council as a municipal capital facility to exempt the space from taxation for municipal and education purposes; and, 8. That the Clerk be directed to prepare a by-law for Council’s approval to designate the leased space as a municipal capital facility, and to prepare and issue all documentation necessary to give effect thereto.

Whereas providing a land acknowledgement at the beginning of a meeting gives time for reflection and demonstrates recognition of Indigenous lands, treaties, and people; Whereas Indigenous peoples have been acknowledging the land at the beginning of gatherings, ceremonies, and event for time immemorial; Whereas providing a land acknowledgement involves making a statement recognizing the traditional territory of the Indigenous people who called the land home before the arrival of settlers; Whereas providing a land acknowledgement involves thinking about what changes can be made going forward in order to further the reconciliation process; and, Whereas providing a land acknowledgement marks a small and important step in the process of reconciliation and honours the land and Indigenous presence which dates back over 10,000 years; Now Therefore be it Resolved: That Staff be directed to bring forward an amendment to the Procedure By-law to incorporate a land acknowledgement after the Moment of Reflection at the beginning of each Regular Council meeting.

That consideration of Staff Report PL 65-19, Whitby Official Plan Amendment and Zoning By-Law Amendment Applications for 4560 Thickson Road North (Optilinx), be postponed to the October 28, 2019 Council Meeting to allow the applicant additional time to review and revise the studies associated with the application.

That the rules of procedure be suspended and notice requirements dispensed with in order to introduce a motion regarding Sport Durham's 2022 Ontario Summer Games Bid and a motion regarding Elimination of Page 29 of 36 Regular Council Minutes June 24, 2019 - 7:00 PM Highway 412 Tolls and Release of Employment Lands.

Whereas the Region of Durham through Sport Durham is submitting a bid to host the 2022 Ontario Summer Games in August 2022; Whereas Sport Durham is seeking support from community partners which would be included as part of the bid submission; Whereas the Ontario Summer Games will offer an opportunity for the Town of Whitby to showcase knowledge, skill, and expertise from hosting many past significant events; and, Whereas the Ontario Summer Games will provide an opportunity to showcase the Region of Durham, the Town of Whitby, grow a local volunteer base, contribute to tourism and economic activity, develop amateur athletes, leave lasting legacies, and inspire a sense of pride in the community; Now Therefore be it Resolved: 1. That Whitby Council endorse in principle Sport Durham’s bid to host the 2022 Ontario Summer Games, subject to Staff reporting to Council with detailed information regarding the Town’s participation in the games; and, 2. That this resolution be circulated to the Region of Durham, all Durham Region Municipalities, Sport Durham, MPP Lorne Coe, and MP Celina Caeser-Chavannes.

Whereas the Council of the Town of Whitby has on numerous previous occasions requested that the tolls on Highway 412 be eliminated and the employment lands abutting Highways 412 and 407 be released; and, Whereas a new Minister of Minister of Transportation and Minister of Economic Development, Job Creation and Trade have been appointed; Now Therefore be it Resolved: 1. That Council reaffirms its previous request that: a. The Ministry of Transportation expeditiously identify, declare surplus, and release designated employment lands that were not required for the construction of Highways 412 and 407; and, b. That the Province eliminate the tolls on Highway 412 which are a distinct disadvantage and disincentive to Page 31 of 36 Regular Council Minutes June 24, 2019 - 7:00 PM Durham Region to efficiently move goods, services and people and to attract and retain prestige industrial and office investments and value added jobs for the employment lands abutting the provincial highway. 2. That the Clerk be directed to forward a copy of this resolution to Durham area municipalities, all Durham Region MPPs, John Henry, Regional Chair, the Honourable Caroline Mulroney, Minster of Transportation and Minister of Francophone Affairs, and the Honourable Vic Fedeli, Minister of Economic Development, Job Creation and Trade and Chair of Cabinet.

That leave be granted to introduce By-laws # 7523-19 to # 7531-19 and # 7534-19 to # 7539-19, 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 By-laws # 7532-19 to # 7533-19, as amended further to Resolution # 215-19, 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 June 24, 2019 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 Item 1 of the main motion be amended to insert the words "save and except the proposed modifications to on-street parking on King Street between Colborne Street and Gilbert Street, until such time as Staff can undertake additional review and public consultation" after "Whitby".