regular council meeting agenda 7:00 pm whitby ... - civicweb

Regular Council Meeting Agenda September 18, 2017 – 7:00 PM

Council Chambers Whitby Municipal Building

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Call to Order: The Mayor

Call of the Roll: The Clerk

1. Declarations of Pecuniary Interest

2. Adoption of Minutes

2.1 Special Council - June 26, 2017

Regular Council - June 26, 2017 Special Council - July 17, 2017 (Confidential minutes under separate cover) Special Council - August 21, 2017 (Confidential minutes under separate cover)

12 - 70

3. Presentations

3.1 Recognition/Award: 2017 Summer Playground Program Sponsors

• Canadian Tire Jumpstart

• CAPREIT

• Community Connection

3.2 Recognition/Award: Whitby Canada Summer Games Athletes

4. Delegations

5. Correspondence

5.1 That the following requests be endorsed:

• September 18 to 22, 2017 - National Hunger Awareness Week

• September 2017 - Prostate Cancer Awareness Month

• October 2017 - National Occupational Therapy Month

• November 13, 2017 - Flag Raising - Global Entrepreneurship Week

Recommendation: 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.

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Regular Council Agenda September 18, 2017 – 7:00 PM

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6. Planning and Development Committee

Report # 7 of the Planning and Development Committee - September 5, 2017

6.1 Planning and Development Department Report, PL 76-17 Re: Site Plan Application, Signum Wireless Corporation, 1800 Dundas Street East (SP-05-17) Recommendation:

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.

6.2 Planning and Development Department Report, PL 75-17

Re: Draft Plan of Condominium Application, Brooklin Meadows Limited, Southeast Corner of Baldwin Street and Carnwith Drive East (CW-2017-03) Recommendation:

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.


Re: 520 Henry Street (Henry Fliess House) Designated by Municipal By-law #6919-14 under Part IV of the Ontario Heritage Act, Legal Description Update Recommendation:

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.

For information purposes - Planning and Development - September 5,

2017 71 - 83

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7. Operations Committee

Report # 8 of the Operations Committee - September 11, 2017

7.1 Corporate Services Department Report, CS 80-17 Re: Development Charges Amended By-law Recommendation:

1. 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 Charges Act, 1997, S.O. 1997, c.27 is necessary with respect to the said Development Charges Amendment Background Study or the amended Development Charges by-law;

5. That having considered the use of more than one development charge by-law to reflect different needs for services in different areas, Council determine that for the services and associated infrastructure proposed to be funded by development charges under the amended Development Charge by-law, that it is fair and reasonable that charges be calculated on a town-wide uniform basis; and,

6. That the draft Development Charge by-law included in Attachment 1, originally contained in the Development Charges Amendment Background Study: Roads and Related Services – Town-Wide

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Infrastructure, dated July 19, 2017, prepared by Hemson Consulting Ltd, be brought forward and approved.

7.2 Office of the Chief Administrative Office Report, CAO 08-17

Re: Corporate Re-brand Project Recommendation:

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 Re-brand Project in Q4 2017.

7.3 Office of the Chief Administrative Officer Report, CAO 10-17

Re: Farmers’ Market Update Recommendation:

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.

7.4 Office of the Town Clerk Report, CLK 21-17

Re: 2018 Council and Committee Meeting Schedule Recommendation:

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.


Re: Town Brewery – Manufacturer’s Limited Liquor Sales Licence Application Recommendation:

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,

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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.

7.6 Public Works Department Report, PW 25-17

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

7.7 Community and Marketing Services Department Report, CMS 41-17

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

7.8 Community and Marketing Services Department Report, CMS 42-17

Re: Summer Camp and Playground Programs Recommendation:

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.

7.9 Corporate Services Department Report, CS 82-17

Re: Operating Projection Report as at July 28, 2017 Recommendation: That report No. CS 82-17 of the Commissioner of Corporate Services/Treasurer be received as information.


Re: 2018 Budget Process and Calendar

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

7.11 Public Works Department and Corporate Services Department Joint Report, CS 81-17 Re: Streetlight Luminaire Replacement (T-85-2017) Recommendation:

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.


Re: Sole Source Joint Project with Whitby Hydro for Pole Transformer Removal/Street Light Pole Installation Recommendation:

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.


Re: Renewal of Banking Services Agreement Recommendation:

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,

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3. That the Mayor and Clerk be authorized to execute the contract

documents.

7.14 Public Works Department and Corporate Services Department Joint Report, CS 77-17 Re: Articulated Compact Wheel Loader (T-74-2017) Recommendation:

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;


For information purposes - Operations Committee - September 11, 2017

84 - 99

8. Notice of Motion

8.1 Protecting the Automotive Sector

Moved by Councillor Roy Seconded By Councillor Yamada 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;

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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. Now Therefore Be It Resolved: That Council join with Councils across Ontario in calling on the federal government to make the protection and growth of Canada’s automotive sector a key priority in the upcoming NAFTA negotiations; and, That local members of Parliament who have not yet done so be urged to join the parliamentary auto caucus, advocating for the well-being of Canada’s automotive sector in Ottawa.

8.2 Review of the Parks and Smoking in Outdoor Public Places By-laws Moved By Councillor Roy Seconded by Councillor Gleed 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; 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, 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:

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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.

8.3 Bill 148 - The Fair Workplaces, Better Jobs Act Moved By Mayor Mitchell Seconded By Councillor Roy 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 Premier Kathleen Wynne, the Honorable Kevin Flynn, Minister of Labour, and AMO.

8.4 Fallingbrook Park

Moved By Councillor Yamada

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Seconded By Councillor Leahy Whereas playgrounds contribute to the social interaction and health and well-being of children and youth; and, And Whereas area residents have expressed concern that the new playground has fewer play features and equipment than the previous playground. Now Therefore Be It Resolved: That Community and Marketing Services staff identify the best approach to integrate an additional senior playground structure similar to what existed prior to the playground renovation; and, That $80,000 be allocated from the one time reserve fund for the equipment, site works and construction.

9. New and Unfinished Business

10. By-Laws

That the following by-laws be passed:

10.1 By-law # 7312-17, being a by-law to authorize the sale of Part of PIN 26523-0122 (LT), Part of Block D, Plan M-1111, Part 1, Plan 40R-29688, Whitby (Pringle Drive). Refer to Confidential Report CS 63-17

100 - 101

10.2 By-law # 7313-17, being a by-law to amend By-law # 1784, as amended,

being the Zoning By-law for the Town of Whitby. Refer to PL 54-17 (Z-15-16)

102 - 105


being the Zoning By-law for the Town of Whitby. Refer to PL 58-17 (Z-07-17)

106 - 108


being the Zoning By-law for the Town of Whitby. Refer to PL 56-17 (Z-03-17, SW-2017-02)

109 - 112

10.5 By-law # 7316-17, being a by-law to amend the Fees and Charges By-law

# 7220-17. Refer to CMS 35-17

113 - 114

10.6 By-law # 7317-17, being a by-law to amend By-law # 6919-14 to change

the legal description of the Heritage Property known as the Henry Fliess House.

115 - 117

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Refer to PL 77-17

10.7 By-law # 7318-17, being a by-law to authorize the renewal of the Banking Services Agreement with the Royal Bank of Canada. Refer to CS 74-17

118

10.8 By-law # 7319-17, being a By-law to Amend By-law #7255-17 regarding

Development Charges – Roads & Related – Town-wide Infrastructure for the Corporation of the Town of Whitby. Refer to CS 80-17

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Recommendation:

That leave be granted to introduce By-law # 7312-17 to # 7319-17 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.

11. Confirmatory By-Law

11.1 Confirmatory By-law

Recommendation: 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.

12. Adjournment

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Special Council MinutesJune 26, 2017 -5:30 pm

Council ChambersWhitby Municipal Building

Present: Mayor Mitchell

Councillor DrummCouncillor Emm Councillor GleedCouncillor LeahyCouncillor MulcahyCouncillor Roy (arrived at 5:57 p.m.)Councillor Yamada

Also Present: M. Gaskell, Chief Administrative OfficerW. Mar, Commissioner of Legal and By-law Services/Town SolicitorK. Nix, Commissioner of Corporate Services/TreasurerD. Speed, Fire Chief J. Sanderson, CEO, Whitby Hydro Energy Corporation P. McNeil, Chair, Whitby Hydro Energy Corporation Board Z. Sharp, Auditor, KPMG Employees and Board Members from the Whitby Hydro Energy CorporationC. Harris, Town Clerk S. Dave, Legislative Coordinator

Regrets: None noted


1.1 Councillor Emm made a declaration of pecuniary interest under the Municipal Conflict of Interest Act regarding all matters pertaining to the Whitby Hydro Energy Corporation as he has a family member that sits on the Whitby Hydro Board. Councillor Emm left the meeting room for the duration of the meeting.

2. Presentations

2.1 John Sanderson, President and Chief Executive Officer, Whitby Hydro Energy Corporation

Agenda Item # 2.1

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Re: Update on Whitby Hydro Energy Corporation

John Sanderson, President and Chief Executive Officer, Whitby Hydro Energy Corporation, and P. McNeil, Chair, Whitby Hydro Energy Corporation Board appeared before Council and provided an update on the Whitby Hydro Energy Corporation (WHEC). Highlights of the presentation included:

Accomplishments in 2016 and initiatives and plans for 2017;

Overview of performance metrics and consolidated earnings;

Conservation demand management programs; Major construction projects including relocation

projects and annual maintenance programs such as tree trimming, insulator washing, thermal visioning, and substation maintenance;

Whitby Hydro community programs including the School Electricity Safety Program, Lighting Retrofit Programs and community sponsorships;

Ontario Energy Board activity including the transition to a fixed distribution rate, commitment to public safety awareness and reviews of utility governance and cyber security framework;

Overview of Board Governance and Structure; Overview of payments to the Shareholder; Collaboration efforts with London Hydro and Festival

Hydro to enhance online customer capabilities and receiving an award for Excellence in Customer Service as a result; and

Brief update on merger discussions, including the report outlining the business case for the merger that will come before Council in Fall 2017.

A question and answer period ensued between Members of Council, Mr. Sanderson and Mr. McNeil regarding:

Projections for any changes to dividends paid to the Town now and going forward;

The success of the tree trimming program and how those types of conservation management programs should be maintained or enhanced following a potential merger;

Commitment to ensuring that customers receive the same or better level of service even after a potential merger;

Working with the Energy Board to reduce rates and/or maintain the same level of rates for customers;

Agenda Item # 2.1

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Developing a strong succession plan for the WHEC to mitigate the high level of turnover due to staff retiring;

Potentially bringing affiliate businesses to Whitby that will allow for building equipment and construction projects similar to those in Sault St. Marie and Guelph; and

Criteria for the coupon program for low-income households.

3. Items for Consideration

3.1 Audited Financial Statement and Auditor's Report, Whitby Hydro Energy Corporation (Consolidated) and Whitby Hydro Electric Corporation for the period ending December 31, 2016. Resolution # 339-17 Moved By Councillor GleedSeconded By Councillor Leahy That the Audited Financial Statements and Auditor's Report for Whitby Hydro Energy Corporation (Consolidated) and Whitby Hydro Electric Corporation for the period ending December 31, 2016 be received for information. Carried

3.2 Appointment of Auditor for External Audit Services

Resolution # 340-17 Moved By Councillor Drumm Seconded By Councillor Leahy That KPMG be appointed as auditor for Whitby Hydro for the 2017 fiscal year end audit as recommended by the Board of Directors of Whitby Hydro Energy Corporation. Carried

Agenda Item # 2.1

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3.3 Legal and By-law Services and the Office of the Town Clerk, Joint Report LS 13-17Re: Executive Committee of Whitby Hydro Energy Corporation

Detailed discussion ensued with respect to: Request for Staff to review Council compensation

in light of the recommendation to eliminate the Executive Committee and associated compensation;

Impact resulting from the elimination of the tax-free 1/3 portion of the Councillors' salaries and opportunities to review Council compensation pending this tax code change by the Federal government; and

Ensuring that there is regular communication between Council and the WHEC, through regular meetings, memos or reports, so that Council is informed of all relevant matters in a timely manner.

Resolution # 341-17 Moved By Councillor GleedSeconded By Councillor Leahy

1. That Report LS 13-17 be received for information; 2. That the Executive Committee of Whitby Hydro

Energy Corporation ("WHEC") be disbanded, without any further compensation to former members for their roles on the Executive Committee;

3. That Council approve the Shareholder Direction attached as Attachment 3 to this report;

4. That Council refer to the By-laws portion of the Special Council meeting agenda for enactment of amendments to the Town's Procedure By-law, as shown in Attachment 2 to this report; and

5. That the Town Solicitor and the Office of the Town Clerk work with the corporate lawyer for WHEC to update and organize WHEC's corporate documents and the Town's shareholder directions.

Carried

4. By-Laws

Agenda Item # 2.1

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That the following by-laws be passed:

4.1 By-law # 7305-17, being a by-law to amend the Procedure By-law # 7279-17Refer to LS 13-17 Resolution # 342-17 Moved By Councillor DrummSeconded By Councillor Leahy That leave be granted to introduce By-law # 7305-17 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. Carried

5. Confirmatory By-law

5.1 Confirmatory By-law Resolution # 343-17 Moved By Councillor LeahySeconded By Councillor Yamada 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 special meeting held on June 26, 2017 and the same be considered read and passed and the Mayor and Clerk sign the same and the Seal of the Corporation be thereto affixed. Carried

6. Adjournment

6.1 Motion to Adjourn

Agenda Item # 2.1

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Resolution # 344-17 Moved By Councillor LeahySeconded By Councillor Drumm That the meeting adjourn. Carried The meeting adjourned at 6:06 p.m.

Christopher Harris, Town Clerk Don Mitchell, Mayor

Agenda Item # 2.1

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Regular Council MinutesJune 26, 2017 -7:00 pm



Councillor DrummCouncillor EmmCouncillor GleedCouncillor LeahyCouncillor MulcahyCouncillor Roy Councillor Yamada

Also Present: M. Gaskell, Chief Administrative OfficerS. Beale, Commissioner of Public WorksP. LeBel, Commissioner of Community & Marketing Services W. Mar, Commissioner of Legal and By-law Services/Town SolicitorM. McDonnell, Acting Commissioner of PlanningK. Nix, Commissioner of Corporate Services/Treasurer C. Siopis, Manager of Corporate CommunicationsD. Speed, Fire Chief C. Harris, Town Clerk S. Cassel, Deputy Clerk

Regrets: None noted

The meeting began with Item 3.2, Durham Shores Chorus, for the singing of O Canada.


1.1 There were no declarations of pecuniary interest.

2. Adoption of Minutes

2.1 Special Council - June 5, 2017Regular Council - June 5, 2017Special Council - June 13, 2017

Agenda Item # 2.1

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Resolution # 345-17 Moved By Councillor LeahySeconded By Councillor Emm That the minutes be adopted. Carried

3. Presentations

3.1 Relay for LifeRecognition/Award: Fundraising by Donald A Wilson Secondary School and Brooklin High School for the Canadian Cancer Society

Mayor Mitchell attended the dais and was joined by Councillor Mulcahy. Durham District School Board Trustee Kim Zeppieri, Odane Finnegan, Specialist, Relay for Life Youth, Canadian Cancer Society, Ontario Provincial Office, Jenn Webb and students, representing Donald A. Wilson Secondary School were welcomed onto the dais and recognized for their fundraising raising efforts and significant donations to the Canadian Cancer Society in the Relay for Life. Recognition was also given to the students at Brooklin High School.

3.2 Durham Shores Chorus

Re: Singing of the National Anthem in Celebration of Canada's 150th Anniversary

The Durham Shores Chorus opened the Council meeting with the singing of O Canada in celebration of Canada's 150th Anniversary.

4. Delegations

4.1 Bryce Jordan representing Minto (Rossland) Inc.Re: Planning and Development Department Report, PL 65-17Recommendation Report - Minto (Rossland) Inc., Northwest Quadrant of Rossland Road East and Thickson Road North, Official Plan Amendment, Draft Plan of Subdivision and

Agenda Item # 2.1

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Zoning By-law Amendment (OPA-2016-W/01, SW-2016-02, Z-10-16)

Bryce Jordan, representing Minto (Rossland) Inc., appeared before Council and stated that his client had no objections to the proposed changes being considered by Council pertaining to Block 158 and tree preservation on the subject lands. He commented that Minto is committed to preserving as many trees as possible within the design of the Plan. Mr. Jordan advised Council that his client was requesting that Block 154, which fronted onto Thickson Road North, remain as a medium density block and noted that the Region of Durham had confirmed that there would be safe access to and from the subdivision.

A question and answer period ensued between Members of Council and Mr. Jordan regarding:

the provisions that the developer had agreed to in terms of condensing Block 158 and whether the properties adjacent to the block would be widened; and,

dust mitigation programs in place during the construction period.

4.2 Denise Harkins representing Action Volunteers for AnimalsRe: Legal and By-law Services Department Report, LS 09-17Trap, Neuter, Return (TNR) Program to Manage and Reduce the Feral Cat Population in Whitby

Denis Harkins, representing Action Volunteers for Animals, appeared before Council and stated that she wanted to address the 'M' in the TNR-M program. She advised that the M represented Management of the colonies with a focus on the conditions and controls to ensure the colonies did not continue to grow in size. Ms. Harkins stated that with the proposed revisions to the By-law, only existing colonies would be included in the Program and noted that existing colonies were already under control and the Program was needed for new colonies, with new litters of kittens so that they could be contained and controlled. Resolution # 346-17 Moved By Councillor Roy

Agenda Item # 2.1

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Seconded By Councillor Drumm That the delegation from Martin Field regarding Item 7.1, LS 09-17, be heard in accordance with section 2.8.3 of Procedure By-law #7279-17. Carried on a Two Thirds Vote

4.3 Martin Field, representing Action Volunteers for Animals

Re: Legal and By-law Services Department Report, LS 09-17Trap, Neuter, Return (TNR) Program to Manage and Reduce the Feral Cat Population in Whitby

Martin Field, representing Action Volunteers for Animals, appeared before Council and stated that he was only made aware of the revisions to the TNR Program and the restrictions to existing colonies an hour and a half prior to the Council meeting. He mentioned the manual of the TNR program that had been previously provided to Council and reiterated the fundamental aspects of the Program being the requirement of funds to intervene with new feral cat colonies. Mr. Martin questioned how the Program could be measured on existing colonies and stated that measurements would be best served through the intervening of new colonies from the beginning when cats are discovered right through the inoculation, release and adoption of the litters produced in the colonies.

A question and answer period ensued between Members of Council and Mr. Field regarding:

the number of cats in the colonies and whether there had been an increase in the number of kittens or size of the colonies;

what had been transpiring over the past couple of years leading up to now and whether the kittens had been adopted out; and,

the benefit of understanding the statistics of the colonies over the past two years to see the benefits of the program.

It was the consensus of Council to deal with matters under Section 5 of the agenda pending the arrival of Mr. Evans and Mr. Artenosi who were scheduled to appear as delegates.

4.4 Philip Evans and Daniel Artenosi representing ERA

Agenda Item # 2.1

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Architects and Overland LLPRe: Planning and Development Department Report, PL 71-17Request to Remove 1514, 1518 and 1520 Brock Street South from the Town of Whitby Heritage Register

Philip Evans, ERA Architects and Daniel Artenosi, Overland LLP, representing the landowner, appeared before Council and stated that their client had reviewed and was in agreement with the recommendations contained in the staff report. Mr. Artenosi commented that ERA had undertaken an assessment and that the current state of the buildings was beyond repair with limited architectural value. He stated that the preservation of the heritage aspects of the building would be better served through documentation given their current state. He further stated that it was their intent to provide the satisfactory documentation that had been requested through Town Staff and LACAC Heritage Whitby prior to the property being removed from the Heritage Register.

A question and answer period ensued between Members of Council and Mr. Artenosi and Mr. Evans regarding:

the timeline for the removal of the buildings and a request that Council be notified prior to the removal to assist them in answering questions from residents;

the discussion that had taken place at the recent LACAC meeting pertaining to the commemorative plaques and possibility of relocating 1514 Brock Street South to ensure its preservation and what further dialogue had taken place with the landowner in this regard; and,

the possibility of utilizing aspects of the buildings in future developments.

5. Correspondence

5.1 That the following requests be endorsed: September 5 to 10, 2017 - Durham College Week September 5 to 9, 2017 - Flag Raising - Durham

College Week Resolution # 347-17

Agenda Item # 2.1

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Moved By Councillor YamadaSeconded By Councillor Emm That the proclamation for Durham College Week - September 5 to 10, 2017 and the flag raising for Durham College Week - September 5 to 9, 2017, be endorsed. Carried

5.2 Correspondence # 2017-432 from Chris van der Vliet,

Chair, Downtown Whitby BIA dated June 19, 2017 regarding the Proposed 2017 Budget for the Downtown Whitby BIA Resolution # 348-17 Moved By Councillor YamadaSeconded By Councillor Leahy

1. That Council approve the 2017 Downtown Whitby BIA budget as presented in Correspondence # 2017-432 received from Chris van der Vliet, Chair, Downtown Whitby BIA, dated June 19, 2017; and,

2. That Council refer to the By-laws portion of the agenda for enactment of a 2017 Special BIA Levy By-law.

Carried

5.3 Memorandum from M. Gaskell, Chief Administrative Officer,

dated June 26, 2017 regarding the Appointment of a Commissioner of Planning and Development during the 2017 Council summer recess. Resolution # 349-17 Moved By Councillor YamadaSeconded By Councillor Drumm That authority to appoint a Commissioner of Planning and Development be delegated to the CAO, in consultation with the Mayor, for the purpose of making such appointment

Agenda Item # 2.1

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during the 2017 summer recess. Carried It was the consensus of Council to hear Item 4.4, Delegation from Philip Evans and Daniel Artenosi at this time.

6. Planning and Development CommitteeReport # 6 of the Planning and Development Committee - June 12, 2017


Re: Recommendation Report - Minto (Rossland) Inc., Northwest Quadrant of Rossland Road East and Thickson Road North, Official Plan Amendment, Draft Plan of Subdivision and Zoning By-law Amendment (OPA-2016-W/01, SW-2016-02, Z-10-16)

A detailed question and answer period ensued between Members of Council and Staff with respect to:

assurances that Block 158 would not be opened for a future road allowance;

the importance of retaining land for a parkette and a place for residents to gather and enjoy greenspace;

whether there would be any path connectivity for pedestrians;

the benefits of the cash-in-lieu of parkland and the implementation of a multipurpose trail through the open space;

the number of existing parks within the area; the merits of the proposed pathways recommended in the

staff report; whether there would be any opportunity for the developer to

implement a park or recreational space within the subdivision;

whether there were any safety concerns with Block 154 and the access in and out of the subdivision and whether there would be any traffic calming measures implemented;

the volume and speed of traffic on Thickson Road in relation to the ingress and egress of the subdivision and the future impacts from the anticipated population growth in Brooklin; and,

assurance that the Pringle Creek lands would remain protected.

It was the consensus of Council to invite Bryce Jordan back to the delegation table. A question and answer period ensued regarding:

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whether the developer was planning on installing any playground or passive amenities within the Block 154 condominium area; and,

the timeline for build out of the medium density Block 154. Resolution # 350-17 Moved By Councillor RoySeconded By Councillor Emm

1. That Planning Report Item No. PL 65-17 be received as information;

2. That Council approve the application to amend the Town of Whitby Official Plan as submitted by Minto (Rossland) Inc. (File OPA 2016-W/01), and as recommended by Staff, as shown on Attachment # 6, as Amendment No. 107 to the Whitby Official Plan, subject to the comments and conditions contained in Section 8 of Planning Report Item No. PL 65-17;

3. That a By-law to adopt Official Plan Amendment No. 107 to the Whitby Official Plan be brought forward for consideration by Council;

4. That the Clerk forward a copy of Planning Report Item No. PL 65-17, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Official Plan Amendment No. 107 to the Region of Durham’s Commissioner of Planning;

5. That Council approve the application to amend Zoning By-law 1784, (File Z-10- 16), subject to the conditions contained in Section 5 of Planning Report Item No. PL 65-17 and the Approval of Amendment No. 107 to the Whitby Official Plan;

6. That a By-law to amend Zoning By-law 1784 be brought forward for consideration by Council;

7. That Council approve the recommended Minto (Rossland) Inc. subdivision (see Attachment # 5) (File SW-2016-02) subject to the comments and conditions contained in Section 8 of Planning Report Item No. PL 65-17;

8. That the Subdivider convey Medium Density Block 154 (see Attachment #5) to the Town as parkland dedication;

9. That Council appoint the firm of Williams and Stewart Associates as Control Architect for the recommended Draft Plan of Subdivision;

10. That Staff be authorized to prepare a Subdivision Agreement;

11. That the Mayor and Clerk be authorized to sign any necessary documents;

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12. That the Region of Durham Commissioner of Planning be advised of Council’s decision; and,

13. That the Clerk forward Notice to those parties and agencies who requested to be notified of Council’s decision.

Carried later in the meeting [See following motions] Resolution # 351-17 Moved By Councillor YamadaSeconded By Councillor Leahy That Item 1 of the main motion be deleted and replaced with the following and the recommendation renumbered accordingly:

1. That Planning Report Item No. PL 65-17 be received as information, including the amendments to Section 7.3 dealing with Block 158 as per the memorandum from the Commissioner of Public Works dated June 21, 2017; and,

2. That Council affirms its intention that Block 158 will never be opened as a future road allowance.

Carried Resolution # 352-17 Moved By Councillor RoySeconded By Councillor Gleed That Item 8 of the main motion be deleted and replaced with the following:That the Subdivider provide 5% cash-in-lieu of parkland and not convey Medium Density Block 154 (see Attachment #5) to the Town as parkland dedication. Carried on a recorded vote as follows: For Against AbstainedCouncillor Michael Emm

x

Councillor Joe Drumm x Councillor Derrick Gleed

x

Councillor Chris x

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LeahyCouncillor Rhonda Mulcahy

x

Councillor Elizabeth Roy

x

Councillor Steve Yamada

x

Mayor Don Mitchell x 5 3 0

Resolution # 353-17 Moved By Councillor YamadaSeconded By Councillor Emm That the main motion be amended by adding the following as items 8, 9 and 10 and the recommendation renumbered accordingly:

8. That further to the conditions outlined in Section 8 of Report PL 65-17, that the Subdivider implement the recommendations of the Environmental Impact Study (May, 2017) and Arborist Report (May, 2017) regarding tree preservation and buffer plantings;

9. That upon completion of detailed design work, the Subdivider submit an updated Arborist Report that may be peer reviewed at the Town’s request at the Subdivider’s expense, that includes recommendations to preserve the trees along the western boundary of the development, opportunities to mitigate stress to existing trees during the construction process, and providing for the retaining of a professional certified arborist to care and ensure tree health during the construction process;

10. That the Subdivider provide tree compensation to the satisfaction of the Commissioner of Planning and Development in consultation with CLOCA, supplementary to the tree compensation program recommendations within the enhancement areas identified in the Environmental Impact Study (May, 2017) for the valley corridor restoration and the stormwater management pond.

Carried The main motion, as amended, was then carried on a recorded vote as follows:

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For Against AbstainedCouncillor Michael Emm

x


x

Councillor Chris Leahy

x

Councillor Rhonda Mulcahy

x


x

Councillor Steve Yamada

x

Mayor Don Mitchell x 6 2 0


Re: Recommended Werden's Plan Neighbourhood Heritage Conservation District Plan and Designation By-law Resolution # 354-17 Moved By Councillor RoySeconded By Councillor Yamada

1. That Report No. PL 66-17, regarding the Recommended Werden’s Plan Neighbourhood Heritage Conservation District Plan and Designation By-law, be received as information;

2. That the Werden’s Plan Neighbourhood Heritage Conservation District and Plan By-law (Attachment #1), to designate Werden’s Plan Neighbourhood as a Heritage Conservation District area pursuant to Section 41(1) of the Ontario Heritage Act and that the Werden’s Plan Neighbourhood Heritage Conservation District Plan (Attachment #2) and the Description of the Heritage Attributes of Individual Properties (Attachment #3) both dated May 2017, as prepared by Goldsmith Borgal & Company Ltd. Architects (GBCA) in association with Paul Dilse,

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Heritage Planning Consultant and the Landplan Collaborative Limited, pursuant to Section 41.1(1) of the Ontario Heritage Act be adopted; and,

3. That a Notice of Passing of By-law regarding the Werden’s Plan Neighbourhood Heritage Conservation District and Plan, following the adoption at the June 26, 2017 Council meeting, be published in the local newspaper having general circulation in the municipality and be sent to the Ontario Heritage Trust, all property owners within the district, the Ministry of Tourism, Culture and Sport, the Region of Durham, agencies and all other persons whom requested notification of the decision.

Carried


Re: Town Initiated Official Plan Amendment and Zoning By-law Amendment Applications, Former Land Registry Office on 400 Centre Street South (OPA-2016-W/05, Z-21-16) Resolution # 355-17 Moved By Councillor RoySeconded By Councillor Yamada

1. That Council approve the Town initiated Amendment to the Town of Whitby Official Plan (OPA-2016-W/05) as Amendment No. 106 to the Whitby Official Plan, as shown on Attachment #6, subject to the comments and conditions contained in Section 8 of Planning Report Item No. 55-17;

2. That a By-law to adopt Official Plan Amendment No. 106 to the Whitby Official Plan be brought forward for consideration by Council;

3. That the Clerk forward a copy of Planning Report Item No. 55-17, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Official Plan Amendment No. 106 to the Region of Durham’s Commissioner of Planning;

4. That Council approve the Town initiated Amendment to amend Zoning By-law No. 2585, (Z-

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21-16), subject to the conditions contained in Section 8 of Planning Report Item No. PL 55-17 and the Approval of Amendment No. 106 to the Whitby Official Plan;

5. That a By-law to amend Zoning By-law 2585 be brought forward for consideration by Council;

6. That the site plan for 400 Centre Street be amended to include, with appropriate signage and marking, two accessible parking spaces adjacent to the western entrance; and,

7. That Council approval include the directions set out under Section 8 to Planning and Development Report PL 55-17.

Carried


Re: Zoning Amendment Application to Remove the Holding (H) Symbol, by City Homes on 215-234 Perry Street, 205 John Street East and the Two (2) Vacant Lots to the South (Z-10-17) Resolution # 356-17 Moved By Councillor RoySeconded By Councillor Yamada

1. That Council approve Zoning Amendment Application (Z-04-16) for the removal of the Holding (H) Symbol; and,

2. That the Zoning By-law to remove the Holding (H) Symbol be brought forward for Council’s consideration.

Carried


Re: Zoning By-law Amendment Application, Kirby Structures Limited, c/o Brooknorth Holdings Inc. and Site Plan Application, Valerie Cranmer, c/o Brooknorth Holdings Inc., 445 Winchester Road East (Z-13-12 and SP-01-17)

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Resolution # 357-17 Moved By Councillor RoySeconded By Councillor Yamada

1. That Council approve Zoning By-law Amendment Application (Z-13-12);

2. That the Zoning By-law Amendment to lift the ‘H’ Holding provision be brought forward for consideration by Council;

3. That Council approve Site Plan Application (SP-01-17) subject to the conditions contained in Section 8.0 of Report PL 68-17;


5. That staff be authorized to prepare a Site Plan Agreement; and,

6. That Council approve the location of a stormwater management pond on the west side of Thickson Road which is not in accordance with the Pringle Creek Master Drainage Plan 1999.

Carried


Re: Draft Plan of Subdivision Application and Zoning By-law Amendment Application, Milltree Developments Inc., 4495 Baldwin Street South (SW-2017-02, Z-03-17) Resolution # 358-17 Moved By Councillor RoySeconded By Councillor Emm

1. That Council approve Draft Plan of Subdivision SW-2017-02 (Attachment #5) subject to the conditions of approval contained in Section 8.0 of Report PL 56-17;

2. That Council approve Zoning By-law Amendment Application Z-03-17 subject to the conditions of approval contained in Section 5.0 of Report PL 56-17;

3. That any necessary by-law be brought forward for consideration by Council;

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4. That staff be authorized to prepare a subdivision agreement;


6. That the Region of Durham Commissioner of Planning be advised of Council’s decision;

7. That the Clerk forward Notice to those persons and agencies who had requested to be notified of Council’s decision; and,

8. That Council appoint the firm of Williams and Stewart Associates as control architect for the subdivision plan.

Carried


Re: Colour the Square Campaign: Celebration Square, Whitby Public Library Central Branch Resolution # 359-17 Moved By Councillor RoySeconded By Councillor Yamada

1. That Planning and Development Report PL 61-17 be received as information;

2. That Staff retain 8 80 cities for live testing of pilot projects in 2017 as outlined in this report; and,

3. That Staff report back on the results of the pilot projects and any future recommendations to effect change for Celebration Square.

Carried


Re: Zoning By-law Amendment Application, DH Development Corporation, 3395 Brock Street North and 33, 35 and 41 Forest Grove Drive (Z-07-17) Resolution # 360-17 Moved By Councillor Roy

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Seconded By Councillor Yamada

1. That Council approve Zoning By-law Amendment Application (Z-07-17) subject to the conditions contained in Section 8 of Report PL 58-17; and,

2. That the Zoning By-law Amendment be brought forward for Council’s consideration.

Carried


Re: Draft Plan of Subdivision and Zoning By-law Amendment Applications, Greyrock Commercial Construction Ltd., 85/105 Taunton Road West (SW-2016-08, Z-22-16) Resolution # 361-17 Moved By Councillor RoySeconded By Councillor Yamada

1. That Council approve the application for the recommended draft plan of subdivision (file number SW-2016-08) as illustrated on Attachment #4 subject to the comments and conditions contained in Section 8.0 of Planning Report PL 52-17;

2. That Council approve the application to amend Zoning By-law 1784 (file number Z-22-16) subject to the comments and conditions contained in Section 5 of Planning Report PL 52-17;

3. That a by-law be brought forward to implement the draft plan of subdivision;

4. That Council appoint the firm of Williams and Stewart Associates as Control Architect for the subdivision plan;

5. That staff be authorized to prepare a subdivision agreement;



8. That the Clerk forward a Notice to those parties and agencies who have requested to be notified of

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Council’s decision. Carried


Re: Industrial Draft Plan of Subdivision and Zoning By-law Amendment Applications for 901 Hopkins Street, 1696352 Ontario Ltd. (SW-2015-02, Z-13-15) Resolution # 362-17 Moved By Councillor RoySeconded By Councillor Yamada

1. That Council approve the application for Draft Plan of Subdivision (SW-2015-02) as illustrated on Attachment #4, subject to the comments and conditions contained within Section 8.0 of Planning Report PL 53-17;

2. That Council approve the application to amend Zoning By-law #2585 (Z-13-15), subject to the comments and conditions contained within Section 5.0 of Planning Report PL 53-17;

3. That a By-law be brought forward to implement the draft plan of subdivision;

4. That staff be authorized to prepare a Subdivision Agreement;



7. That the Clerk forward notice to those parties and agencies who have requested to be notified of Council’s decision.

Carried


Re: Zoning By-law Amendment Application, Brookvalley Project Management Inc., 72 & 76 Baldwin Street and 15 Price Street (Z-15-16) Resolution # 363-17

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Moved By Councillor RoySeconded By Councillor Yamada

1. That Council approve Zoning By-law Amendment Application (Z-15-16) subject to the conditions contained in Section 8.0 of Report PL 54-17, save an except the condition for a Blanket Access Easement; and,

2. That an amending Zoning By-law be brought forward for consideration by Council.

Carried


Re: Recommendation Report - Country Lane Estates Draft Plan of Subdivision and Zoning By-law Amendment (SW-2016-03, Z-12-16) Resolution # 364-17 Moved By Councillor RoySeconded By Councillor Yamada

1. That Council approve the application for the recommended Draft Plan of Subdivision (File No. SW-2016-03) as shown on Attachment # 5, subject to the comments and conditions contained in Section 8.0 of Planning Report PL 57-17;

2. That Council approve the application to amend Zoning By-law 1784 (File No. Z-12-16), subject to the comments and conditions contained in Section 5.0 of Planning Report PL 57-17;

3. That a by-law be brought forward for Council’s consideration at such time as draft approval has been received;

4. That Council appoint the firm of Williams & Stewart Associates as Control Architect for the recommended Draft Plan of Subdivision;

5. That Staff be authorized to prepare a subdivision agreement;


7. That the Region of Durham Commissioner of

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Planning be advised of Council’s decision; and, 8. That the Clerk forward Notice to those parties and

agencies who have requested to be notified of Council’s decision.

Carried


Re: Draft Plan of Condominium Application, 1010 Dundas East Developments Inc. (CW-2017-02) Resolution # 365-17 Moved By Councillor RoySeconded By Councillor Yamada

1. That Council approve the application for a Draft Plan of Condominium (CW-2017-02) subject to the conditions of approval in Section 8.0 of Planning and Development Report Item PL 59-17, including the requirement for a road widening as per the Memorandum from the Commissioner of Planning and Development dated June 12, 2017 and as per the revised clauses 1 to 3 under the Conditions of Draft Approval in accordance with the Memorandum from the Commissioner of Planning and Development dated June 15, 2017;

2. That the Mayor and Clerk be authorized to execute the Condominium Agreement for the subject land; and,

3. That the Clerk advise the Commissioner of Planning at the Region of Durham of Council’s decision.

Carried


Re: Draft Plan of Condominium, 2370527 Ontario Inc., Golden Falcon Homes (CW-2016-07) Resolution # 366-17

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Moved By Councillor RoySeconded By Councillor Yamada

1. That Council approve the application for a Draft Plan of Condominium (CW-2016-07) subject to the conditions of approval in Section 8.0 of Planning Report Item PL 70-17;


3. That the Clerk advise the Commissioner of Planning at the Region of Durham of Council’s decision.

Carried


Re: Site Plan Application 28 Winchester Road East Building Addition (SP-02-17) Resolution # 367-17 Moved By Councillor RoySeconded By Councillor Yamada

1. That Council approve Site Plan Application (SP-02-17), subject to the comments and conditions contained in Section 8.0 of Planning Report, PL 60-17; and,

2. That the Mayor and clerk be authorized to execute the Site Plan Agreement and any related documents.

Carried


Re: Farmers’ Market Relocation to Celebration Square Beginning 2018 Resolution # 368-17 Moved By Councillor Roy

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Seconded By Councillor Yamada

1. That Report No. PL 62-17 regarding the Farmers’ Market Relocation to Celebration Square beginning in 2018, be received as information;

2. That Council agrees in principle to relocate the Farmers’ Market from 201 Brock Street South (Firehall Site), to Celebration Square at the Whitby Public Library;

3. That the Planning and Development Department be authorized to submit a minor variance application to enable the Farmers’ Market to be permitted within the public square;

4. 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 for the 2018 Market term; and,

5. That staff report back to Council on the agreement and its considerations before the 2018 Market term.

Carried


Re: Earth Hour 2017 Results Resolution # 369-17 Moved By Councillor RoySeconded By Councillor Yamada

1. That Planning Report Item PL 63-17 be received as information;

2. That the Clerk forward a copy of this report to the Durham District School Board, Durham Catholic District School Board, Whitby Hydro, Whitby Library, Station Gallery, Whitby Chamber of Commerce, Durham Region Astronomical Association, and the Whitby Sustainability Advisory Committee; and,

3. That Staff report back later in 2017 with recommendations related to future Earth Hour event planning.

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Carried

7. Operations CommitteeReport # 7 of the Operations Committee - June 19, 2017

7.1 Community and Marketing Services Department and

Office of the Chief Administrative Officer Joint Report CMS 33-17 Re: Whitby Innovation Hub-Accelerator (Wi-HUB) Resolution # 370-17 Moved By Councillor EmmSeconded By Councillor Leahy

1. That the joint staff report and presentation by the Community and Marketing Services Department and the Office of the Chief Administrative Officer regarding the Whitby Innovation Hub-Accelerator be received;

2. That Council endorse a public-private-partnership for the development and operation of the Whitby Innovation Hub-Accelerator with Jason Atkins, CEO of 360Insights and City Flow Project, leading the private sector’s participation;

3. That a report on the operational strategy, plan and municipal contributions to support the Whitby Innovation Hub-Accelerator be submitted to Council in the Fall 2017;

4. That the former Land Registry Office, 400 Centre Street South, be re-purposed for the exclusive use of the Whitby Innovation Hub-Accelerator and not for the purpose of accommodating municipal departments or divisions and staff;

5. That the renovations to the interior of the former Land Registry Office be designed and constructed to accommodate the Whitby Innovation Hub-Accelerator;

6. That Council endorse the Economic Development Division to make applications for government grants, utilizing the support of Whitby's Member of Parliament and Provincial Member of Parliament as required, that could fund the start-up and on-going operations of the Whitby Innovation Hub-

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Accelerator;7. That Council direct staff to make application to the

Minister of Municipal Affairs to permit the establishment of the Whitby Innovation Hub-Accelerator pursuant to Section 108 of the Municipal Act 2001, if required;

8. That the Clerk forward a copy of the staff report to the Director of the Economic Development Division of the Region of Durham, CEO of the Whitby Chamber of Commerce, CEO of the Spark Centre, Office of the External Relations at UOIT, Office of Innovation and Entrepreneurship at Durham College, the Member of Parliament for Whitby and Member of Provincial Parliament for Whitby-Oshawa; and,

9. That Item MD 2442 and Item MD 3003 - former Land Registry Office, 400 Centre Street South and Item MD 3581 Whitby Innovation Hub and Incubator Tech Ecosystem, be removed from the Operations Committee New and Unfinished Business List.

Carried

7.2 Office of the Chief Administrative Officer Report, CAO 06-

17 Re: Town Hall Renovations and Expansion - Revised Resolution # 371-17 Moved By Councillor EmmSeconded By Councillor Leahy

1. That the staff report from the Chief Administrative Officer pertaining to the renovations and expansion to the current Town Hall and the development of a consolidated municipal headquarters be received;

Municipal Building Renovations and Short Term Staff Accommodations

2. That Council approve the proposed renovations to the Town Hall outlined in Community and Marketing Services Department Report CMS 07-17

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appended to this report; 3. That the Chief Administrative Officer be authorized

to locate staff in other Town facilities or implement such other measures as is required in order to accommodate staffing requirements until an expanded Municipal Headquarters is available for occupancy;

4. That the former Land Registry Office located at 400 Centre Street South, Whitby, not be utilized to accommodate a Town department, division(s) and municipal staff;

Municipal Building Expansion and Long Term Staff Accommodations

5. That Council endorse the commencement of the

formal planning process for an expanded Municipal Headquarters;

6. That Council endorse the current location of Town Hall (575 Rossland Road East) as the designated site for Whitby’s expanded Municipal Headquarters;

7. That staff be authorized to proceed to retain a consultant to complete the staffing and building needs assessment for an expanded Municipal Headquarters;

8. That staff be authorized to proceed to retain a consultant to complete a master plan for the Whitby Civic Centre property to integrate an expanded Municipal headquarters with the existing and required infrastructure;

9. That the Whitby Civic Centre property master plan consider opportunities to integrate other municipal uses, such as a public library branch, and a future expansion to the Whitby Civic Recreation Complex;

10. That staff report back with recommendations from the needs assessment and a draft master plan for the Whitby Civic Centre property in the first half of 2018; and,

11. That Item MD 2450 Municipal Office Needs Assessment, Item MD 3242 Future Town Hall and Item MD 3489 Municipal Building Renovations, be removed from the Operations Committee New and Unfinished Business List.

Carried

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7.3 Public Works Department and Corporate Services

Department Joint Report, CS 59-17Re: Miscellaneous Asphalt Patching (T-506-2017) Resolution # 372-17 Moved By Councillor EmmSeconded By Councillor Leahy

1. That the Town of Whitby accept the low tender bid of Appco Paving Ltd. in the amount of $238,110.00 (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete miscellaneous asphalt paving as required by the Town of Whitby;

2. That the total estimated annual contract amount of $385,000.00 be approved; and,

3. That the Mayor and Clerk be authorized to execute the contract documents

Carried


Department Joint Report, CS 54-17 Re: LED Streetlight Installation (T-7-2017) Resolution # 373-17 Moved By Councillor EmmSeconded By Councillor Leahy

1. That the Town of Whitby accept the low tender bid of Dundas Power Line Ltd. in the amount of $438,865.00 (plus applicable taxes) to complete the Streetlight Installations on major roads (Contract No. T-7-2017) as required by the Town of Whitby;

2. That the total estimated project amount of $892,501.00 be approved; and,


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Carried

7.5 Corporate Services Department and Public Works

Department Joint Report, CS 69-17 Re: LED Streetlight Conversion Phase 4 Resolution # 374-17 Moved By Councillor EmmSeconded By Councillor Leahy

1. That Council approve for the existing coach style streetlights, Option 2 as outlined in this report, for the conversion to LED luminaries. Option 2 comprises of replacing existing coach style with LED coach style on local streets (2,151 locations) and cobra head on collector and arterial streets (515 locations), respectively;

2. That the Town of Whitby accept the highest scoring proposal of Anixter Power Solution in the amount of $1,365,885.00 (excluding applicable taxes) for the supply and delivery of LED replacement coach fixtures on local streets. A tender will be prepared by staff for the installation;

3. That approval be granted for the tender option to extend the contract with Anixter Power Solution for an additional one (1) year term providing the Company’s annual performance, proposed pricing and product quality is satisfactory and will be subject to budget approval;

4. That the existing post top coach style fixtures be replaced with LED cobra head style using the previously awarded supplier. The estimated cost with installation of $393,000.00 (plus applicable taxes) is within the funding identified in the 2017 Capital Budget. A tender will be prepared by staff for the installation;

5. That the total estimated project cost (including installation) for Option 2 replacement of the existing coach fixtures as noted above, plus replacement of the post top fixtures is estimated at $2,158,232 be approved. These LED conversion works are exclusive of the downtown decorative

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streetlights (PW 14-16) which will be dealt with under a separate tender/report;

6. That Council approve the advancement of the $915K for Phase 4 of the LED re-lamping from the 2018 Capital Budget, financed from the One Time Reserve Fund;

7. That a copy of Report CS 69-17 be forwarded to Whitby Hydro; and,


Carried

7.6 Legal and By-law Services Department Report, LS 09-17

Re: Trap, Neuter, Return (TNR) Program to Manage and Reduce the Feral Cat Population in Whitby Resolution # 375-17 Moved By Councillor EmmSeconded By Councillor Leahy

1. That Council approve the Trap, Neuter, Return (TNR) Program described in this Report on a trial basis for a two year period, based on existing colonies and other colonies that can be identified within the Town of Whitby;

2. That Council approve a departmental budgetary increase of $1,500 for 2017 towards the support of the TNR Program, as outlined in Section 7.2 of this Report; and,

3. That the Clerk be directed to bring forward a by-law to give effect to the recommendations contained in this Report.

Carried


Re: Proposed Durham Street Parking Restrictions, Update Traffic By-law 1862-85 Resolution # 376-17

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Moved By Councillor EmmSeconded By Councillor Leahy

1. That Council approve the proposed amendment to the Traffic By-law 1862-85 to incorporate the following change to Schedule “B”: Parking restrictions on the east and west side of Durham Street between Winchester Road East and Cassels Road East identified within Attachment A of Report PW 22-17;

2. That Council authorize the Clerk to bring forward an amending By-law to By-law 1862-85, for Council approval;

3. That staff implement the necessary pavement markings and signage to improve delineation and awareness of the northbound only operations at the north end of Durham Street; and,

4. That staff monitor the parking activities and consider any other potential improvements and report back to Council, as necessary, for any further modifications.

Carried


Re: Proposed Garden Street Parking Restrictions, Update Traffic By-law 1862-85 This item was referred at Committee.


Re: Use of Council Chambers Policy Resolution # 377-17 Moved By Councillor EmmSeconded By Councillor Leahy That Council approve the Use of Council Chambers Policy appended as Attachment # 1 to this report. Carried

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Re: Microsoft Enterprise Agreement Contract Renewal Resolution # 378-17 Moved By Councillor EmmSeconded By Councillor Leahy

1. That the Town of Whitby leverage the Region of Durham tender T-538-2013, for the renewal of the Microsoft Enterprise License Agreement contract managed by SHI Canada for a three-year term from September 1, 2017 to August 31, 2020;

2. That the Microsoft Enterprise Licensing Agreement be amended to include a provision to adjust the quality and types of Microsoft solutions and services licenses; and,

3. That the Commissioner of Corporate Services be authorized to execute the required documents to give effect thereto.

Carried


Re: Operating Projection Report as at May 19, 2017 Resolution # 379-17 Moved By Councillor EmmSeconded By Councillor Leahy That report No. CS 72-17 of the Commissioner of Corporate Services/Treasurer be received as information. Carried


Re: Consideration to Undertake a Development Charge By-law Amendment

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Resolution # 380-17 Moved By Councillor EmmSeconded By Councillor Leahy

1. That Council authorize staff to prepare the required background information in support of a DC By-Law amendment, pursuant to the legislation;

2. The information be made public at least two weeks prior to a public meeting on September 11, 2017, with the adoption of the amended bylaw to be considered once the 60 day public review period has concluded; and,

3. That Staff communicate to the 2016 Development Charge Background Study Stakeholders as a tool to inform the development community of the proposed changes.

Carried


Re: Annual Insurance Report Resolution # 381-17 Moved By Councillor EmmSeconded By Councillor Leahy

1. That Report CS 75-17 of the Commissioner of Corporate Services/Treasurer be received as information;

2. That Council, in conjunction with the members of the Durham Municipal Insurance Pool (DMIP), support the DMIP Board of Directors’ resolution which recommends that the distributed DMIP surplus be re-invested into the Insurance and Risk Management Reserve Fund of each municipal pool member to provide for future program costs related to their own insurance and risk management requirements; and,

3. That Council approve the Town’s share of the surplus funds distributed by the DMIP be contributed to the Town’s Insurance Reserve Fund

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to fund risk management initiatives and that staff report back on recommended risk management initiatives.

Carried

7.14 Community and Marketing Services Department Report,

CMS 35-17 Re: Implementation of Whitby Minor Sport Organization Field Fee

Brief discussion ensued regarding the proposed increase in field fees and the merits of implementing the fees in a phased in approach. Resolution # 382-17 Moved By Councillor LeahySeconded By Councillor Emm

1. That Council approve the establishment of a Whitby Minor Sport Organization Field Fee;

2. That the Whitby Minor Sport Organization Field Fee be implemented April 1, 2018;

3. That the Whitby Minor Sport Organization Field Fee be established at $8.00 per hour;

4. That the Clerk be authorized to bring forward a new by-law for approval to implement the proposed Whitby Minor Sport Organization Field Fee as outlined in the Staff Report; and,

5. That Item MD 3582 Community and Marketing Services Department 2017 Arena Ice/Floor, Sports Fields and Park User Fees and Facility Rental Fees be removed from the Operations Committee New and Unfinished Business List.

Carried later in the meeting [See following motion] Resolution # 383-17 Moved By Councillor LeahySeconded By Councillor Emm That Items 2, 3 and 4 of the main motion be deleted and

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replaced with the following and the recommendation renumbered accordingly:

1. That the Whitby Minor Sport Organization Field Fee be implemented as a phased approach with the fee being $4.00 per hour effective April 1, 2018, $6.00 per hour effective April 1, 2019 and $8.00 per hour effective April 1, 2020;

2. That the Clerk be authorized to bring forward a new by-law for approval to implement the proposed Whitby Minor Sport Organization Field Fee.

Carried The main motion, as amended, was then carried.


CMS 38-17 Re: Folkstone Park Emergency Playground Surface Repair Resolution # 384-17 Moved By Councillor EmmSeconded By Councillor Leahy

1. That Community and Marketing Services Report CMS 38-17 to facilitate the emergency site works and installation of a new rubber playground surface for Folkstone Park be received as information; and,

2. That the required emergency site works and installation of a new rubber playground surface at Folkstone Park be funded from the 2017 Maintenance Reserve.

Carried


Corporate Services Department Report, CS 70-17 Re: Iroquois Park Sports Centre, Roof Replacement

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1. That the Town of Whitby accept the low bid as submitted by Can–Sky Roofing & Sheet Metal Inc. in the amount of $235,350.25 (Option B) (plus applicable taxes) covering all labour, materials and equipment to complete the roof replacement at Iroquois Park Sports Centre;

2. That the total estimated project cost in the amount of $281,492.41 be approved; and,


Carried

7.17 Confidential Corporate Services Department Report, CS

63-17 Re: Declare Surplus Part 1, Draft 40R Plan, Lands Adjacent to 101 Pringle Drive Resolution # 386-17 Moved By Councillor EmmSeconded By Councillor Leahy

1. That Part 1 on draft 40R plan, as shown on the attached sketch included as Attachment No. 1 to this report be declared surplus for the purpose of sale;

2. That the Town give public notice of its intention to sell the subject property by placing an advertisement in the newspaper one time;

3. That provided no objection is received by the Town in connection with the proposed sale, a by-law be brought forward to authorize the sale;

4. That in lieu of an appraisal specific to this property, that the value of the property be calculated based on a per square foot value based on recent sales and comparables based on the rate of inflation; and,

5. That the Mayor and Clerk be authorized to execute

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the necessary documents to give effect thereto. Carried

8. Audit CommitteeReport # 1 of the Management Committee - June 20, 2017


Re: 2016 Year End Communication and Financial Statements Resolution # 387-17 Moved By Councillor LeahySeconded By Councillor Emm That Report No. CS 76-17 of the Commissioner of Corporate Services/Treasurer be received for information. Carried

9. Notice of Motion

9.1 Bill 148 - The Fair Workplaces, Better Jobs Act

Discussion ensued regarding: the proposed increases to minimum wage and the impacts

to small business owners; the timing of the public engagement over the summer

months when Ontarians are away on vacation; impacts to the cost of hiring summer students under the

new legislation; the need for dialogue and fulsome conversation around this

issue and considerations for business owners as well as individuals who are earning part-time wages.

Resolution # 388-17 Moved By Councillor EmmSeconded By Councillor Gleed Whereas the Ontario government is proposing to make a variety of

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changes to the Employment Standards Act through Bill 148, The Fair Workplaces, Better Jobs Act, 2017; And Whereas the proposed changes will include an increase to the general minimum wage rates; equal pay for equal work provisions which will prohibit differential pay rates based upon employment status; measures related to the scheduling of work; increases to vacation entitlements; changes to the emergency leave provisions; changes related to the use of temporary use agency employees; etc; And Whereas the aforementioned changes have the effect of enshrining higher base employment standards in legislation which will be applicable to all employers within the province of Ontario; And Whereas the provincial Government has provided insufficient time, during the summer holiday months, in order to properly engage all interested and affected stakeholders in a dialogue on the potential direct and indirect impacts of these changes. Now Therefore Be It Resolved that the Council of the Town of Whitby formally requests that the Province of Ontario defer implementing Bill 148 and set aside additional time for consultation with all interested stakeholders in the fall of 2017; and, That a copy of this resolution be forwarded to Premier Kathleen Wynne and the Honorable Kevin Flynn, Minister of Labour. Carried on a recorded vote as follows: For Against AbstainedCouncillor Michael Emm

x


x

Councillor Chris Leahy

x

Councillor Rhonda Mulcahy

x


x

Councillor Steve x

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YamadaMayor Don Mitchell x 7 1 0

It was the consensus of Council to hear Item 10.2 New and Unfinished Business, and to introduce a motion pertaining to Highway 407 and 412 Tolls at this time. Resolution # 389-17 Moved By Councillor LeahySeconded By Councillor Emm That a motion to introduce a matter pertaining to Highway 407 and 412 Tolls be allowed due to it timely and urgent nature. Carried on a Two Thirds Vote


10.1 Planning and Development Department Report, PL 71-17Re: Request to Remove 1514, 1518 and 1520 Brock Street South from the Town of Whitby Heritage Register Resolution # 390-17 Moved By Councillor RoySeconded By Councillor Leahy

1. That Report PL 71-17 be received for information;2. That the properties located at 1514, 1518 and

1520 Brock Street South not be designated under the Ontario Heritage Act and be removed from the Town’s Heritage Register (the properties being listed but not designated);

3. That prior to the demolition of the buildings on the subject properties, there be further documentation provided to the Town on the cultural heritage significance of the properties and appropriate forms of commemoration;

4. That the Town work with the owner to secure funds in an appropriate amount toward commemoration; and,

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5. That any future Site Plan Agreement for redevelopment of the subject properties include commemoration of the cultural heritage significance of the properties through a plaque or other interpretative marker in consultation with LACAC Heritage Whitby.

Carried

10.2 Highway 407 and 412 Tolls

Brief discussion ensued with respect to the impact on residents and commuters with the traffic on local roads and the avoidance of Highways 407 and 412 due to the unreasonable tolls. Resolution # 391-17 Moved By Councillor LeahySeconded By Councillor Emm Whereas the Ministry of Transportation of Ontario began charging tolls on Highway 412 and the eastern extension of Highway 407 on February 1, 2017; And Whereas the Ministry of Transportation of Ontario has commenced a construction project expected to be completed by September 30, 2017 to replace the Henry Street bridge over Highway 401 to accommodate the future widening of Highway 401; And Whereas the Henry Street bridge construction project is having an adverse impact on local traffic; And Whereas the Council of the Town of Whitby has noted previously that tolls discourage use of Highways 407 and 412 and increase traffic on local collector roads and Highway 401. Now Therefore Be It Resolved that the Council of the Town of Whitby formally requests that the Ministry of Transportation of Ontario temporarily suspend charging tolls on Highway 412 until the Henry Street bridge project has been completed so as to provide for traffic relief in the area;

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and, That the tolls on the eastern extension of Highway 407 be reduced until such time as traffic volumes match or exceed the traffic volumes on Highway 407 ETR. Carried It was the consensus of Council to hear Item 10.1, PL 71-17 at this time.

11. By-LawsThat the following by-laws be passed:

11.1 By-law # 7294-17, being a by-law to regulate the keeping of

cats and dogs in the Town.Refer to LS 09-17

11.2 By-law # 7295-17, being a by-law to designate certain

portions of a registered Plan of Subdivision (SW-2014-01) as not being subject to Part Lot Control.

11.3 By-law # 7296-17, being a by-law to to Amend By-law #

1862-85, to regulate traffic on highways in the Town of Whitby. (Schedule B, No Parking)Refer to PW 22-17

11.4 By-law # 7297-17, being a by-law to designate the Werden's

Plan Neighbourhood Heritage Conservation District Area and adopt a Heritage Conservation District Plan under Part V of the Ontario Heritage Act, R.S.O., 1990, Chapter O.18, as amended.Refer to PL 66-17

11.5 By-law # 7298-17, being a by-law to set and levy tax rates

for the Business Improvement Area (BIA) and to set penalty and interest rates for unpaid taxes.

11.6 By-law # 7299-17, being a by-law to amend By-law #2585,

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as amended, being the Zoning By-law for the Town of Whitby. Refer to PL 55-17 (Z-21-16)


as amended, being the Zoning By-law for the Town of Whitby. Refer to PL 68-17 (Z-13-12)


as amended, being the Zoning By-law for the Town of Whitby.Refer to PL 47-17 (Z-05-17)

11.9 By-law # 7302-17, being a by-law to amend By-law # 2585,

as amended, being the Zoning By-law for the Town of Whitby.Refer to PL 67-17 (Z-10-17)


as amended, being the Zoning By-law of the Town of Whitby. Refer to PL 52-17 (Z-22-16)

11.11 By-law # 7304-17, being a by-law to adopt Amendment

Number 106 to the Official Plan of the Town of Whitby. Resolution # 392-17 Moved By Councillor LeahySeconded By Councillor Emm That leave be granted to introduce By-laws # 7294-17 to # 7304-17 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.

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Carried Members of Council considered adoption of By-laws # 7307-17 and 7309-17 circulated prior to the start of the Council meeting.

11.12 By-law # 7307-17, being a by-law to adopt Amendment

Number 107 to the Official Plan of the Town of Whitby.Refer to PL 65-17 (OPA-2016-W/01)

11.13 By-law # 7309-17, being a by-law to amend By-law # 1784,

as amended, being the Zoning By-law of the Town of Whitby.Refer to PL 45-17 (Z-17-15) Resolution # 393-17 Moved By Councillor GleedSeconded By Councillor Roy That leave be granted to introduce By-laws # 7307-17 and # 7309-17 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. Carried Mayor Mitchell announced that this portion of the meeting would be held in closed session as indicated on the agenda and that the closed session would be held in Committee Room 1. He stated that Council would then rise and consider recommendations from the Closed Session and proceed with the remainder of the agenda in Committee Room 1 including the adoption of the Confirmatory By-law and Adjournment of the meeting. Resolution # 394-17 Moved By Councillor EmmSeconded By Councillor Yamada That Council move in-camera in accordance with

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Procedural By-law #7279-17, Closed Meeting Policy G 040, and the Municipal Act, 2001, Section 239 (2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board. Carried Council left the Council Chambers at 9:39 p.m. and convened in Committee Room 1 at 9:48 p.m. to continue the meeting.

12. Closed Session

12.1 Confidential Office of the Chief Administrative Officer, Legal and By-law Services Department and Community and Marketing Services Department Joint Report, CMS 39-17Re: 201 Brock Street South (Former Downtown Whitby Fire Hall Site) This portion of the meeting was closed to the public. [Refer to the In Camera minutes of the meeting - Town Clerk has control and custody.]

13. Rising and Reporting

13.1 Motion to Rise Resolution # 395-17 Moved By Councillor MulcahySeconded By Councillor Leahy That Council rise from the closed portion of the Council Meeting. Carried

13.2 Reporting into Open Session

Mayor Mitchell advised that during the closed portion of the meeting Council discussed matters pertaining to a proposed or pending disposition of land, as it pertains to the Former Downtown Whitby Fire Hall Site.

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1. That Council authorize the sale of the municipal property located at 201 Brock Street South (the former downtown Whitby Fire Hall site) to Waverley Inc. and Marshall Homes, or a company to be incorporated by them for said purposes;

2. That Council approve the principal terms and conditions of the Agreement of Purchase and Sale between The Corporation of the Town of Whitby and Waverley Inc. and Marshall Homes as outlined in Confidential Report CMS 39-17; and,

3. That Council authorize the Mayor and Clerk to sign the Agreement of Purchase and Sale and any and all documentation necessary to give effect to the aforementioned recommendations.

Carried

14. Confirmatory By-Law

14.1 Confirmatory By-law Resolution # 397-17 Moved By Councillor MulcahySeconded By Councillor Yamada 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 26, 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. Carried

15. Adjournment

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15.1 Motion to Adjourn

Resolution # 398-17 Moved By Councillor LeahySeconded By Councillor Emm That the meeting adjourn. Carried The meeting adjourned at 10:19 p.m.


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Special Council MinutesJuly 17, 2017 -7:00 pm



Councillor DrummCouncillor Emm Councillor GleedCouncillor LeahyCouncillor MulcahyCouncillor Roy Councillor Yamada

Also Present: M. Gaskell, Chief Administrative OfficerA. Kennedy, Executive Advisor to the MayorW. Mar, Commissioner of Legal and By-law Services/Town SolicitorC. Harris, Town Clerk S. Dave, Legislative Coordinator

Regrets: None noted




2.1 Legal and By-law Services and Corporate Services Department, Joint Report LS 14-17Re: 2013 Mayor's Gala Transactional Review

A detailed discussion ensued with respect to: The benefits and costs of proceeding with the

transactional review; The Association in Support of the Whitby Performing

Arts Centre's (the Association) willingness to cooperate with the auditor’s initial assessment and transactional review;

What information the transactional review will and will not provide;

Inviting the Association to a future Council meeting to

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answer Council’s questions about the 2013 Mayor's Gala;

Updating the Town’s financial policies and controls with respect to the Mayor’s Fundraiser to ensure this sort of scenario does not occur again; and,

The Association’s response to the request to repay the legal costs incurred by the Town to establish the Association.

Resolution # 399-17 Moved By Councillor EmmSeconded By Councillor Leahy That Council move in-camera in accordance with the provisions of Procedural By-law # 7279-17, Closed Meeting Policy G 040, and the Municipal Act, 2001, Section 239 (2) (b) personal matters about an identifiable individual, including municipal or local board employees. Carried This portion of the meeting was closed to the public. [Refer to the In Camera minutes of the meeting - Town Clerk has control and custody.]


3.1 Motion to Rise Resolution # 400-17 Moved By Councillor EmmSeconded By Councillor Leahy That Council rise from the closed portion of the Special Council Meeting. Carried


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Mayor Mitchell advised that during the closed portion of the meeting, Council discussed and considered matters pertaining to identifiable individuals and received advice subject to solicitor-client privilege. Resolution # 401-17 Moved By Councillor EmmSeconded By Councillor Roy

1. That Ernst & Young be directed to proceed with a full in-depth transactional review of the 2013 Mayor’s Gala as outlined in Report LS 14-17.

Motion Lost Resolution # 402-17 Moved By Councillor GleedSeconded By Councillor Roy

1. That Report LS 14-17 be received for information; and,

2. That through the assistance of the Town Solicitor, a letter be drafted to the Association in Support of the Whitby Performing Arts Centre (the Association) to clearly articulate Council’s position that the 2013 Mayor’s Gala funds are public funds and a full and public accounting still needs to be provided.

Carried


4.1 Confirmatory By-law Resolution # 403-17 Moved By Councillor LeahySeconded By Councillor Emm

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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 special meeting held on July 17, 2017 and the same be considered read and passed and the Mayor and Clerk sign the same and the Seal of the Corporation be thereto affixed. Carried

5. Adjournment

5.1 Motion to Adjourn Resolution # 404-17 Moved By Councillor DrummSeconded by Councillor Emm That the meeting adjourn. Carried The meeting adjourned at 7:58 p.m.


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Special Council MinutesAugust 21, 2017 -4:00 pm



Councillor Drumm Councillor Emm Councillor GleedCouncillor Leahy (arrived at 4:03 p.m.)Councillor MulcahyCouncillor Yamada (arrived at 4:12 p.m.)

Also Present: M. Gaskell, Chief Administrative OfficerS. Beale, Commissioner of Public WorksA. Kennedy, Executive Advisor to the MayorP. LeBel, Commissioner of Community & Marketing Services W. Mar, Commissioner of Legal and By-law Services/Town SolicitorK. Nix, Commissioner of Corporate Services/TreasurerR. Saunders, Commissioner of PlanningC. Siopis, Manager of Corporate CommunicationsD. Speed, Fire Chief C. Harris, Town Clerk S. Dave, Legislative Coordinator

Regrets: Councillor Roy

The meeting began at 4:02 p.m.




2.1 Corporate Services Department and Office of the Chief Administrative Officer Joint Report, CS 79-17Re: Long-Term Digital Strategy

A detailed question and answer period ensued between Members of Council and Staff regarding:

The possibility of implementing a system similar to

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the City of Toronto's online parking ticket system; Providing better office space to Town of Whitby

Municipal Information Systems (MIS) staff, taking into account future staffing needs and the growth of the Town;

Using the corporate intranet as a data-sharing and information enhancement tool for Town Staff, complementary to the future work that will be done to the Town's public facing website;

Addressing internal challenges of developing centralized tools and updating technology to meet municipal standards in the short term through the five eService projects, before embarking on more involved projects through the Corporate Information Technology Strategic Plan;

Updating GIS and other technological infrastructure to build the foundation to leverage business practices and find efficiencies;

Timelines for progress on identified projects in the Digital Strategy and reporting back to Council via quarterly reports;

Breaking down silos within the Town through corporate initiatives such as the intranet, learning management programs and self-serve services such as electronic permit and inspection scheduling; and

Including considerations in the 2018 Budget that focus on back-end support to create capacity for enhanced services.

Resolution # 405-17 Moved By Councillor EmmSeconded By Councillor Mulcahy

1. That staff be directed to proceed with the creation of a long-term digital strategy;

2. That the CAO and Commissioner of Corporate Services be authorized to standardize on specific technologies, negotiate directly with existing vendors and execute any agreements to procure the required technologies, solutions and services for the five eService projects subject to all corporate policies;

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3. That the Commissioner of Corporate Services be authorized to use capital funds budgeted for IT investments in the 2017 budget for the purchase of technologies, solutions and services for the eService projects as may be required in order to complete the projects identified in this report;

4. That the 2018 operating budget reflect the operating funds required to maintain these eServices; and

5. That staff report to Council in 2018 identifying the progress for each eService project and its related benefits.

Carried


Corporate Services Department Joint Report, CMS 40-17Re: Whitby Seniors' Activity Centre - Sole Source Purchase of Sport Flooring Resolution # 406-17 Moved By Councillor LeahySeconded By Councillor Emm

1. That Council approve Advantage Sport to supply and install sport flooring for the Activity Room and Dining Room of the Whitby Seniors' Activity Centre in the amount of $54,000.00 (plus applicable taxes);

2. That Council approve an exemption to the terms of the Purchasing Policy to engage Advantage Sport in accordance with Section 11 - Sole Source Procurement and Justification; and

3. That the total estimated project cost in the amount of $70,000.00 be approved.

Carried Mayor Mitchell announced that this portion of the meeting would be held in closed session as indicated on the agenda and that the closed session would be held in Committee Room 1. He stated that Council would then

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rise and consider recommendations from the Closed Session and proceed with the remainder of the agenda in Committee Room 1, including the adoption of the Confirmatory By-law and Adjournment of the meeting. Resolution # 407-17 Moved By Councillor YamadaSeconded By Councillor Leahy That Council move in-camera in accordance with Procedural By-law #7279-17, Closed Meeting Policy G 040, and the Municipal Act, 2001, Section 239 (2) (d) labour relations or employee negotiations. Carried Members of Council left the Council Chambers at 4:36 p.m. and convened in Committee Room 1 at 4:53 p.m. to continue the meeting.

3. Closed Session (Held in Committee Room 1)

3.1 Presentation from Chief Administrative Officer and Human Resources LeadRe: Collective Bargaining with CUPE Local 53 This portion of the meeting was closed to the public. [Refer to the In Camera minutes of the meeting - Town Clerk has control and custody.]


4.1 Motion to Rise Resolution # 408-17 Moved By Councillor LeahySeconded By Councillor Emm That Council rise from the closed portion of the Special Council Meeting.

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Carried


Mayor Mitchell advised that during the closed portion of the meeting, Council discussed and considered matters related to labour relations and employee negotiations in connection to collective bargaining with CUPE Local 53.


5.1 Confirmatory By-law Recommendation: Resolution # 409-17 Moved By Councillor LeahySeconded By Councillor Emm 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 special meeting held on August 21, 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. Carried

6. Adjournment

6.1 Motion to Adjourn Resolution # 410-17 Moved By Councillor LeahySeconded By Councillor Gleed That the meeting adjourn. Carried

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The meeting adjourned at 5:52 p.m.


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Planning and Development Committee MinutesSeptember 5, 2017 -7:00 pm



Councillor DrummCouncillor GleedCouncillor MulcahyCouncillor Roy

Also Present: Councillor EmmCouncillor Leahy (arrived at 7:05 p.m.)Councillor Yamada M. Gaskell, Chief Administrative OfficerS. Beale, Commissioner of Public WorksA. Kennedy, Executive Advisor to the MayorP. LeBel, Commissioner of Community & Marketing ServicesW. Mar, Commissioner of Legal and By-law Services/Town SolicitorR. Saunders, Commissioner of PlanningC. Siopis, Manager of Corporate CommunicationsS. Cassel, Deputy ClerkL. MacDougall, Council and Committee Coordinator (Recording Secretary)

Regrets: None noted

1. Appointment of Committee Chair and Vice-Chair

1.1 The Deputy Clerk called for nominations for the positions of Chair and Vice-Chair of the Planning and Development Committee. Councillor Drumm nominated Councillor Gleed for the position of Chair and Councillor Mulcahy for the position of Vice-Chair of the Planning and Development Committee. Councillor Gleed and Councillor Mulcahy accepted the nominations.

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There were no further nominations and the nominations were closed. Recommendation: Moved By Councillor Drumm

1. That Councillor Gleed be appointed as Chair of the Planning and Development Committee for a term ending on November 30, 2018; and,

2. That Councillor Mulcahy be appointed as Vice-Chair of the Planning and Development Committee for a term ending on November 30, 2018.

Carried Councillor Gleed assumed the Chair.



3. Presentations

3.1 There were no presentations.

4. Delegations

4.1 There were no delegations.

5. Correspondence

5.1 There was no correspondence.

It was the consensus of the Committee to hear Item 7.1, PL 76-17, at this time.

6. Public Meetings

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6.1 Planning and Development Department Report, PL 72-17Re: Zoning By-law Amendment Application, Site Plan Application and Heritage Permit Application, 2374996 Ontario Incorporated, 24 Princess Street (Z-12-17, SP-15-17, HP-05-17)

The time being 7:30 p.m. the public meetings began.

S. Cassel, Deputy Clerk, provided the purposes and guidelines of the public meetings, included as Agenda Items 6.1 to 6.3, to members of the audience.

Rodger Miller representing 2374996 Ontario Incorporated and Vincent Santamaura, SRN Architects, appeared before the Committee and provided a PowerPoint presentation which included an overview of the applications.

The Chair opened the floor for comments from the public.

Leo Logiacco, 6 Princess Street, appeared before the Committee and submitted a petition from residents who were in objection to the application for a zoning change. Mr. Logiacco also provided the Regional Land Division Committee minutes of February 22, 2016 as well as copies of objection letters to the proposed land severance for 24 Princess Street. He questioned the benefits of the development to the area and stated that there is currently an abundance of vacant retail space. Mr. Logiacco stated that the removal of 13 trees from the proposed site would be more than one-half of the trees on the property and that the view from the park would be destroyed. He stated that the construction of a commercial building five feet away from a heritage building was not fitting with the heritage area or the beautification of the Town. He raised concerns regarding the current parking issues in the area noting that additional on-street parking would be even more problematic and would impede traffic and the safety of children in the area. Mr. Logiacco stated that the proposed site would only have 4 parking spaces and that Princess Street was already saturated with parked vehicles. He further stated that the proposed placement of the driveway posed safety issues and commented that the greenspace at Grass Park would be negatively affected if it were to be surrounded by concrete.

Craig Stubbs, 15 Princess Street, appeared before the Committee and raised concerns regarding parking and

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traffic and stated that additional cars parked on the road would aggravate an already dangerous route at the Baldwin Street/Cassels Road area. Mr. Stubbs commented that the increased parking in the area would detract from the business community and submitted a petition on behalf of the local businesses who were opposed to the application for a zoning change. He further commented that additional free parking in the area would be beneficial. Mr. Stubbs stated that the proposed entrance posed safety issues and commented that the proposed development disregards vehicular and pedestrian traffic, ignores the tree preservation plan and that the heritage area in Brooklin would be negatively impacted with the construction of the 3 buildings. He concluded his delegation by stating that he did not want to look at the back of the buildings from his residence on Princess Street.

Ken Worsley, 7230 Country Lane, appeared before the Committee on behalf of the Brooklin United Church. Mr. Worsley raised concerns regarding the proposed development in that it was not consistent with the Brooklin Heritage Study and that it would create more businesses in a residential area resulting in the need for additional parking. He raised concerns regarding local traffic, emergency vehicle access and the possibility that businesses would use the Brooklin United Church for parking. Mr. Worsley stated that the current streetscape creates an open relaxed setting with many large trees and large open lots noting that the residence located opposite Grass Park establishes the tone for Brooklin. He raised concerns that the setting would change to a cramped tight community with little or no open space. He commented that no new sub-standard setbacks, lot sizes and parking lots should be approved in the area. He stated that there would be an impact at the intersection of Highways 7 and 12 and on Cassels Road due to regular commercial vehicle deliveries and inquired about garbage management and collection and how this would be handled.

Tilly Hoxford, 11 Princess Street, appeared before the Committee and stated that she has lived at her property for 34 years and that traffic has increased tremendously noting that Princess Street has become a cut off from Winchester Road during high traffic times. She raised concerns regarding pedestrian safety due to parking on

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the road, parking too close to the intersection, decreased visibility and garbage in the area and commented on the need to have more pedestrian friendly streets.

Peter Heron, 56 Bagot Street, appeared before the Committee and stated that he is a long-time resident and owns a commercial property in Brooklin. He raised concerns regarding traffic and inquired why there would only be 3 parking spaces for a building of that size noting that staff currently park on the street all day. He stated that should the proposal be approved there should be more parking on site. Mr. Heron inquired about the location of the garbage bins, preservation of trees and whether there would be a reservoir on the property for water run-off from the 3 car garage.

Connie Heron, 56 Bagot Street, appeared before the Committee and stated that her business has been in Brooklin for 38 years. She further stated that she is not opposed to development in Downtown Brooklin but is opposed to this particular development due to the impact on the heritage area and the current lack of parking. Ms. Heron commented that the proposed development would provide for three additional businesses with employees and customers who would likely all park on the street. She stated that people do not currently pay for parking and that the municipal parking lot was not being used. She further commented on the plaza located on Baldwin Street south of Cassels Road which has very limited parking and has parked vehicles on the street at all times. Ms. Heron requested that the Town consider parking with any new development.

Tim Ashton, 21 Princess Street, appeared before the Committee and inquired about the proposed development and its benefits to Brooklin over the next 50 to 100 years. He stated that he owns a heritage home in Downtown Brooklin on a beautiful site and that the area is beautiful with the church, mature trees, the historical area and Grass Park and raised concerns that the development would diminish the ambiance of the area.

Craig Stubbs, 15 Princess Street, appeared before the Committee on behalf of Kerry Cruz, and stated that she owns a business in Brooklin and has 1000 clients that do not support the proposed development noting that parking was one of her main concerns. He further stated that she would submit a petition on behalf of her clients and

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inquired whether the petition could be submitted as late as September 18, 2017.

There were no further submissions from the public.

Rodger Miller representing 2374996 Ontario Incorporated and Vincent Santamaura, SRN Architects, appeared before the Committee to answer questions regarding:

the impact of the proposed development on the Brooklin Heritage District Conservation Area and conformity to heritage guidelines

site plan options for the property and the evaluation process;

the reliance of on-street parking and the impact on parking, traffic and emergency vehicle access;

the number of trees on the property to be removed;

stormwater management and garbage maintenance and removal;

the type of businesses on the proposed site and whether there would be noise from central air conditioning units;

possible archaeological finds and the impact on the development;

clarification of the minor negative impacts of the proposed development referenced in the staff report; and,

the number of parking spaces pre-development and post development.

A question and answer period ensued between Members of Council and Staff regarding:

the anticipated timelines associated with the recommendation report coming forward;

clarification of the minor negative impacts of the proposed development;

the timelines for completion of the parking and traffic studies and what issues the study might address specific to this application; and,

whether alternate site plan options were evaluated.

Recommendation: Moved By Councillor Drumm

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1. That Planning Report PL 72-17 be received as

information; and,2. That staff report back to the Planning and

Development Committee at such time as input from the public, commenting agencies and departments has been received and assessed.

Carried


Re: Temporary Use By-law Application, HydRx Farms Limited, 1130 Champlain Court (Z-14-17)

John McDermott and Trevor Folk, representing HydRx Farms Limited, appeared before the Committee and provided an overview of the application with the aid of four images presented at the meeting.


Linda Gasser, 111 Ferguson Street, appeared before the Committee and stated that there was not a lot of information provided in the Staff report regarding the incinerator and that she did not understand what was approved through Committee of Adjustment in 2014. She inquired whether the incinerator was burning, what it was burning, its capacity and what existing approvals were in place from the Ministry of Environment for HydRx Farms Limited. She stated that in July 2014 a Minor Variance was approved adding a processing plant (medical marijuana production facility) as a permitted use. Ms. Gasser cited portions of a letter to the Ministry of the Environment dated February 2016 from the Planning and Development Department pertaining to the details of the application for the Minor Variance. She stated that the letter indicated that the proposed incinerator and pilot project were not permitted uses in the prestige industrial designation of the Town of Whitby Official Plan and the M1 prestige industrial zoning. Ms. Gasser commented that the Environmental Bill of Rights Application emissions included hydrogen chloride, dioxins and furans noting that this is a serious process. She stated that producers of medical marijuana that use banned pesticides would add contaminated material in addition to the original waste being incinerated and inquired whether the entire planning file would be available to review.

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Stacey Leadbetter, 31 Cobblestone Drive, appeared before the Committee and stated that the report indicated that there were no sensitive areas around the site but noted that there is a high use soccer field, a large entertainment complex and the Brock Street Brewery in the area. She further stated that there are many unknowns about the incinerator including the stack height, the monitoring system and the type and quantity of waste being incinerated. Ms. Leadbetter requested that a full environmental assessment be carried out including a wind study and inquired about the stack height and emission testing, the capacity of the incinerator, equipment training, the operator(s) of the incinerator, safety protocols and whether the site had been inspected by Fire and Emergency Services. She inquired when the last safety test was carried out on the incinerator and whether the plan was to run the facility 24 hours a day 7 days a week or only on specific days.

Jerry Odanis, 1100 Champlain Court, appeared before the Committee and stated that he owns GB Bikes next door to the facility and was not aware that there was an incinerator on the premises. He inquired regarding its existence, why a Minor Variance was required and why he was not informed about the incinerator in 2014. He further stated that he owns a well known business and would like to maintain it as such for his staff and clients. Mr. Odanis stated his opposition to the proposed application until investigation takes place regarding immediate environmental concerns and possible dangers to existing businesses and residents in the area.

There were no further submissions from the public.

John McDermott and Trevor Folk, representing HydRx Farms Limited, appeared before the Committee to answer questions regarding:

whether the original application including the use of the incinerator was approved;

the type of products that would be incinerated and assurances that emissions exiting the stack would not be harmful to the environment;

the clients seeking to dispose products that are not produced on site;

whether the incinerator is currently operational; how the packaging materials and ash left over

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from a burn would be disposed; whether full perimeter fencing and high security

would be provided; providing information to the Town on the

incinerator; and, companies within the Region of Durham that

would use similar technology to carry out the same type of work.

Recommendation: Moved By Councillor Drumm

1. That Planning Report PL 73-17 be received for information; and,

2. That staff report back to the Planning and Development Committee at such time as input from the public, commenting agencies and departments has been received and assessed.

Carried


Re: Zoning Amendment Application to Permit an Office and Personal Service Establishment on 147 Perry Street (Z-13-17)

Yaso Somalingam, Cantam Group Ltd., appeared before the Committee and provided an overview of the application with the aid of three images presented at the meeting.


There were no submissions from the public. Recommendation: Moved By Councillor Drumm

1. That Planning Report PL 74-17 be received for information; and,

2. That staff report back to the Planning and Development Committee at such time as input

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from the public, commenting agencies and departments has been received and assessed.

Carried

7. Staff Reports

7.1 Planning and Development Department Report, PL 76-17Re: Site Plan Application, Signum Wireless Corporation, 1800 Dundas Street East (SP-05-17)

R. Saunders, Commissioner of Planning and Development, advised the Committee that the proponent was accepting of the recommendation and will continue to work with Staff to find a more suitable location. Recommendation: Moved By Councillor Roy

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.

Carried


Re: Draft Plan of Condominium Application, Brooklin Meadows Limited, Southeast Corner of Baldwin Street and Carnwith Drive East (CW-2017-03) Recommendation: Moved By Councillor Drumm

1. That Council approve the application for a Draft Plan of Condominium (CW-2017-03) subject to the

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conditions of approval in Attachment #3 of Planning and Development Department Report Number PL 75-17;


3. That the Clerk advise the Commissioner of Planning and Economic Development at the Region of Durham of Council's decision.

Carried


Re: 520 Henry Street (Henry Fliess House) Designated by Municipal By-law #6919-14 under Part IV of the Ontario Heritage Act, Legal Description Update Recommendation: Moved By Councillor Roy

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.

Carried


8.1 Councillor Roy raised the matter of the Planning and Development New and Unfinished Business List and requested that the List be reviewed and updated by Commissioner Saunders given the recent staffing changes in the Planning Department. Recommendation: Moved By Councillor Drumm That the Committee recess pending the start of the public

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meeting at 7:30 p.m. Carried The Committee recessed at 7:09 p.m. and reconvened at 7:30 p.m. and heard Item 6.1 at this time.

9. Adjournment

9.1 Motion to Adjourn Recommendation: Moved By Councillor Roy That the meeting adjourn. Carried The meeting adjourned at 9:57 p.m.

10. Advisory Committee Minutes – For Information Only

10.1 Brooklin Downtown Development Steering Committee Minutes - May 25, 2017

Accessibility Advisory Committee Minutes - June 6, 2017

LACAC Heritage Whitby Minutes - June 13, 2017 Whitby Sustainability Advisory Committee Minutes -

June 14, 2017 Downtown Whitby Development Steering Committee

Minutes - June 15, 2017 Doors Open Whitby Advisory Committee Minutes -

June 20, 2017 Brooklin Downtown Development Steering

Committee Minutes - June 22, 2017

S. Cassel, Deputy Clerk Councillor E. Roy, Committee Chair

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Operations Committee MinutesSeptember 11, 2017 -7:00 pm



Councillor Emm Councillor LeahyCouncillor RoyCouncillor Yamada

Also Present: Councillor DrummCouncillor GleedCouncillor Mulcahy M. Gaskell, Chief Administrative OfficerS. Beale, Commissioner of Public WorksA. Kennedy, Executive Advisor to the MayorP. LeBel, Commissioner of Community & Marketing Services W. Mar, Commissioner of Legal and By-law Services/Town Solicitor K. Nix, Commissioner of Corporate Services/TreasurerR. Saunders, Commissioner of Planning and DevelopmentC. Siopis, Manager of Corporate CommunicationsC. Harris, Town Clerk L. MacDougall, Council and Committee Coordinator (Recording Secretary)

Regrets: None noted

1. Appointment of Committee Chair and Vice-Chair

1.1 The Town Clerk called for nominations for the positions of Chair and Vice-Chair of the Operations Committee.

Councillor Leahy nominated Councillor Emm for the position of Chair and Councillor Yamada for the position of Vice-Chair of the Operations Committee.

Councillor Emm and Councillor Yamada accepted the nominations.

There were no further nominations and the nominations

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were closed. Recommendation: Moved By Councillor Leahy

1. That Councillor Emm be appointed as Chair of the Operations Committee for a term ending on November 30, 2018; and,

2. That Councillor Yamada be appointed as Vice-Chair of the Operations Committee for a term ending on November 30, 2018.

Carried Councillor Emm assumed the Chair.



3. Presentations

3.1 There were no presentations.

4. Delegations

4.1 There were no delegations.

5. Correspondence

5.1 There was no correspondence.

6. Public Meetings

6.1 Corporate Services Department Report, CS 80-17 Re: Development Charges Amended By-law

The time being 7:04 p.m. the public meeting began.

C. Harris, Town Clerk, provided the purposes and

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guidelines of the public meeting, included as Agenda Item 6.1, to members of the audience.


There were no submissions from the public.


whether an annual review of the Development Charges By-law takes place as part of the capital budget process;

whether there was a new practice for calculating development charges on a Town-wide basis;

the rationale for amending the Development Charges By-law; and,

the timelines for objections to the by-law upon its enactment.

Recommendation: Moved By Councillor Roy

1. 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

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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 Charges Act, 1997, S.O. 1997, c.27 is necessary with respect to the said Development Charges Amendment Background Study or the amended Development Charges by-law;

5. That having considered the use of more than one development charge by-law to reflect different needs for services in different areas, Council determine that for the services and associated infrastructure proposed to be funded by development charges under the amended Development Charge by-law, that it is fair and reasonable that charges be calculated on a town-wide uniform basis; and,

6. That the draft Development Charge by-law included in Attachment 1, originally contained in the Development Charges Amendment Background Study: Roads and Related Services – Town-Wide Infrastructure, dated July 19, 2017, prepared by Hemson Consulting Ltd, be brought forward and approved.

Carried

7. Staff Reports

7.1 Office of the Chief Administrative Office Report, CAO 08-17Re: Corporate Re-brand Project

Carlene Siopis, Manager of Corporate Communications, appeared before the Committee to answer questions regarding:

the feedback received from residents at the Brooklin Harvest Festival booth;

an explanation of the cost associated with Phase 1 of the Corporate Re-brand Project; and,

how the consultant was selected and whether

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there was an RFP. Recommendation: Moved By Councillor Leahy

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.

Carried

7.2 Office of the Chief Administrative Officer Report, CAO 10-

17Re: Farmers’ Market Update

Discussion ensued between Members of Council regarding;

the possibility of having a Brooklin Farmers' Market;

the potential for growth of the Farmers' Market at its new location; and,

the opportunity for the Town to work with the Whitby Public Library and the Station Gallery to utilize and develop the public space at Celebration Square.

Note: Appendix 1 of Report CAO 10-17 was replaced with Appendix 1 contained within the Memorandum from C. Siopis, Manager of Corporate Communications dated September 11, 2017. Recommendation: Moved By Councillor Roy

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

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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.

Carried


Re: 2018 Council and Committee Meeting Schedule

A brief question and answer period ensued between Members of Council and Staff regarding the possibility of ending the Council and Committee cycle of meetings at the end of June 2018 and not meeting in September.

Staff were requested to provide a memo to Council regarding processes that may be delayed should the September 2018 meeting cycle not take place. Recommendation: Moved By Councillor Roy

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.

Carried


Re: Town Brewery – Manufacturer’s Limited Liquor Sales Licence Application

A brief question and answer period ensued between Members of Council and Staff regarding whether the support for the application made by the Town Brewery for a Manufacturer's Limited Liquor Sales Licence could have been included in a previous Council consideration of the Town Brewery approvals to make the process more

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efficient. Recommendation: Moved By Councillor Roy

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.

Carried


Re: Ontario Municipal Commuter Cycling Program

Greg Hardy, Manager of Engineering and Infrastructure Services, appeared before the Committee to answer questions regarding:

the development charge eligibility for new cycling infrastructure projects;

the reallocation of unused budgeted funds into the capital budget;

whether the cycling routes would be underpasses or overpasses on Highway 407; and,

the inclusion of Ashburn Road as part of the program. Recommendation: Moved By Councillor Leahy That Public Works Report PW 25-17 regarding the Ontario Municipal Commuter Cycling Program be received for information. Carried

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7.6 Community and Marketing Services Department Report, CMS 41-17Re: Concussion Policy

S. Klein, Manager of Recreation, appeared before the Committee to answer questions regarding:

whether signage located in skateboard parks and arenas would recommend or require wearing helmets;

whether signage would indicate that users are utilizing the facility at their own risk should they choose not to wear helmets;

whether dialogue has taken place with user groups regarding the Town's Concussion Policy;

whether Skate Canada has a defined policy for concussions;

whether organizations that do not have any protocols in place and act contrary to the Town's policy would create liability issues; and,

encouraging organizations to provide concussion training.

Staff were requested to provide a memorandum regarding liability and insurance coverage in cases where organizations do not adhere to the same policies that the Town recommends. Recommendation: Moved By Councillor Yamada That Council approve the draft Concussion Policy as outlined in CMS Report 41-17. Carried


CMS 42-17Re: Summer Camp and Playground Programs

A detailed question and answer period ensued between Members of Council and Staff regarding:

the increase in minimum wage and the impact on summer camps and playground programs;

whether other departments would be affected by

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Bill 148 and overall costs to the Town; the two week registration, decreasing the wait list

and increasing daily participation in the Playground Program;

risks associated with over registering for programs;

opportunities to recover costs associated with the increase in minimum wage;

options to ensure that all children on the wait-list can participate; and,

the status of the resolution regarding Bill 148 passed at Council on June 26, 2017.

Recommendation: Moved By Councillor Leahy

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.

Carried later in the meeting [See following motion] Recommendation: Moved By Mayor Mitchell That the main motion be amended by adding the following as Item 2:2. 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.

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Carried The main motion, as amended, was then carried.


Re: Operating Projection Report as at July 28, 2017


the financial implications of the Assessment Review Board (ARB) decisions and projected tax revenue loss;

the ARB procedural changes and the possible financial impact;

clarification on the current cost of the Town's benefit plan and transition to the new benefits provider on November 30, 2017; and,

whether the 2018 Budget would reflect the cost savings associated with the new benefits provider.

Staff were requested to provide more detailed financial analysis regarding the Civic Recreation Centre Health Club’s revenue and expenses as well as a cost comparison of area health clubs through a memorandum to Council prior to the Operations Committee meeting on October 2, 2017. Recommendation: Moved By Councillor Leahy That report No. CS 82-17 of the Commissioner of Corporate Services/Treasurer be received as information. Carried


Re: 2018 Budget Process and Calendar Recommendation: Moved By Councillor Yamada

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


Department Joint Report, CS 81-17Re: Streetlight Luminaire Replacement (T-85-2017)

A brief question and answer period ensued between Members of Council and Staff regarding the cost savings associated with Phase 4 of the LED Streetlight Conversion. Recommendation: Moved By Councillor Leahy

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,


Carried


Re: Sole Source Joint Project with Whitby Hydro for Pole Transformer Removal/Street Light Pole Installation Recommendation: Moved By Councillor Yamada

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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.

Carried


Re: Renewal of Banking Services Agreement

A question and answer period ensued between Members of Council and Staff regarding the rationale for a five-year commitment and why an inquiry to another institution was not undertaken. Recommendation: Moved By Councillor Leahy

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,


Carried


Department Joint Report, CS 77-17Re: Articulated Compact Wheel Loader (T-74-2017)

A brief question and answer period ensued between Members of Council and Staff regarding selling Town equipment through GovDeals. Recommendation:

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Moved By Councillor Yamada

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;


Carried


8.1 Temporary Traffic Lights - Coronation Road and Taunton Road

Councillor Leahy inquired regarding the installation of temporary traffic lights at Coronation and Taunton Roads due to the closure of the Country Lane access for residents north of Taunton Road for the construction of services for Heathwood Developments.

S. Beale, Commissioner of Public Works, advised that staff would report back to Council upon receipt of the Region of Durham's decision.

8.2 Re-location of Regulator Station

Councillor Leahy raised the matter of plans for Enbridge to relocate a regulator station from Old Lake Ridge Road to close proximity to the front lawn of a residence on Churchill Avenue. He inquired as to whether the Town could review the appropriateness of this location.

S. Beale, Commissioner of Public Works, advised that Staff are consulting with Enbridge and would provide an update to Council on this matter.

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8.3 Comprehensive Parking Review - Downtown Whitby and Downtown Brooklin

Councillor Leahy raised the matter of the comprehensive parking review for both Downtown Whitby and Brooklin regarding parking solutions and whether the matter should be on the New and Unfinished Business List.

S. Beale, Commissioner of Public Works, advised that part of the Parking Master Plan development process includes periodic updates, reviewing the scope of the project and timelines. Commissioner Beale advised that a status report would be forthcoming as part of the Parking Master Plan.

8.4 Reduction of Speed Limits in Residential Areas

Councillor Leahy raised the matter of investigating ways to reduce speed limits in residential areas with either community safety zones or a Town-wide speed limit of 40 km/hour.

S. Beale, Commissioner of Public Works, advised that the option to have a 40 km/hr speed limit Town-wide would be reviewed. She further advised that Public Works would provide a memo prior to the next Council meeting outlining a planned approach.

8.5 Brochure - Open for Business in a Construction Zone

Councillor Roy advised that the Region of Durham has created a brochure entitled 'Open for business: A Resource for Durham Region Businesses in a Construction Zone' and suggested that the Town could consider creating a similar brochure for the next construction season. She advised that she would forward the information to Council and Staff.

8.6 Challenger Baseball

Councillor Roy advised of the recent news article regarding Challenger Baseball and their request for an accessible playing field. Councillor Roy inquired regarding the possibility of partnering with the Abilities Centre and next steps.

P. Lebel, Commissioner of Community and Marketing

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Services, advised that he would provide a memo outlining next steps to review the opportunity for an accessible playing field.

8.7 Dr. Robert Thornton Public School Crosswalk

Councillor Yamada inquired about the status of a petition submitted a year ago regarding the possibility of installing a marked crosswalk near Dr. Robert Thornton Public School.

S. Beale, Commissioner of Public Works, advised that she is aware of the issue at Scott Street near the public school and that the matter would be brought forward for consideration later this year.

9. Adjournment

9.1 Motion to Adjourn Recommendation: Moved By Councillor Leahy That the meeting adjourn. Carried The meeting adjourned at 8:51 p.m.

10. Advisory Committee Minutes – For Information Only

10.1 Active Transportation and Safe Roads Advisory Committee Minutes - June 8, 2017

Whitby in Bloom Committee Minutes - June 13, 2017 Harbour Day Committee Minutes - June 21, 2017 Whitby County Town Carnival Committee Minutes -

June 27, 2017

Agenda Item #

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Christopher Harris, Town ClerkCouncillor M. Emm, Committee Chair

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Town of Whitby By-law # 7312-17

By-law to Authorize the Sale of Lands Being a By-law to authorize the sale of Part of PIN 26523-0121 (LT), Part of Block D, Plan M-1111, Part 1, Plan 40R-29688, Whitby (the "Lands"). Whereas Section 9 of the Municipal Act, 2001, S.O. 2001, c.25 as amended, grants municipalities the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; And Whereas the Council of the Corporation of The Town of Whitby has authorized the sale of property as described in Schedule A to Gregory Lunn Carter and Catherine Lee Carter in accordance with Corporate Services Confidential Report CS 63-17; And Whereas notice of the intention to sell the lands described in Schedule A was given in accordance with the requirements of By-law No. 3650-95 and no objections were received; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows:

1. General

1.1. That the Mayor and Clerk are hereby authorized to execute all documents to effect the sale of the Lands.

2. ScheduleSchedule A – Lands authorized to be sold to Gregory Lunn Carter and Catherine Lee Carter.

By-law read and passed this 18th day of September, 2017.

Don Mitchell, Mayor

Christopher Harris, Town Clerk

Agenda Item # 10.1

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By-law Name: By-law to Authorize the Sale of Lands By-law # 7312-17 Page 2 of 2

Schedule A All and singular that certain parcel or tract of land and premises, situate, lying and being in the Town of Whitby, in the Regional Municipality of Durham and being more particularly described as:

Column 2 – Street Name Column 1 – Land Description Part of PIN 26523-0121 (LT) Pringle Drive Part of Block D, Plan M-1111 Part 1, Plan 40R-29688

Agenda Item # 10.1

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By-law Name: Zoning By-law Amendment By-law # 7313-17 Page 1 of 4


Zoning By-law Amendment Being a By-law to amend By-law # 1784, as amended, being the Zoning By-law of the Town of Whitby. Whereas the Council of The Corporation of the Town of Whitby deems it advisable to amend By-law # 1784; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows:

1. General

1.1. Schedule “B” to By-law # 1784 is hereby amended by removing the Holding Symbol “H” and changing the zoning from H-C1-VB and G to C1-VB-7 for the Subject Land shown on Schedule “A-1” attached to and forming part of this By-law.

1.2. Subsection 13.8.3 to By-law # 1784, as amended, is hereby further amended by adding thereto the following Exception:

13.8.3.7 Commercial Type 1 Village of Brooklin Zone: Exception 7 (C1-VB-7) 72 & 76 Baldwin Street and 15 Price Street

(1) Defined Area

The lands located at the south-west corner of Way Street and Baldwin Street and zoned C1-VB-7 shall be subject to the provisions as hereinafter contained. Matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law #1784.

(2) Zone Provisions

No person shall within any C1-VB-7 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions:

(a) Front Yard (Baldwin Street) Minimum Depth 5m Maximum Depth 6m

(b) Rear Yard Minimum Depth 3m

Agenda Item # 10.2

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(c) Interior Side Yard Minimum Width 2m

(d) Exterior Side Yard Minimum Width 2m Maximum Width 4m

(e) Building Height Maximum 11m

(f) Landscaped Open Space Minimum 10% of the lot area

(g) Parking Spaces Required Minimum 1 parking space per

35 square metres of gross floor area

(h) Location of Parking Areas and/or Parking Spaces Any parking area and/or parking spaces shall be setback a minimum distance of 2.5 metres from any street line, 2.0 metres from any main building and 1.0 metre from any other lot line.

(i) Loading Area Requirements

(i) Number of Loading Spaces Minimum 1 space

(ii) Dimensions of Loading Space Minimum Length 10.0m Minimum Width 3.5m Minimum Height 4.5m

(j) Zoning Provisions That Do Not Apply

The following subsections of Section 4 – General Provisions shall not apply to the lands zoned C1-VB-7 by this By-law:

4(m) Ten Percent (10%) of Every Lot 4(w) Satellite Dishes

Agenda Item # 10.2

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Don Mitchell, Mayor


Agenda Item # 10.2

of 123

Baldw

in St

Way St

Price

St

Pearl

St

Campbell St

Kinsmen Ct

Vipond Rd

Schedule A-1To By-law #

This is Schedule A-1 to By-law # passed by the, 2017.day ofCouncil of the Town of Whitby this

MayorClerk

From: H-C1-VBTo: C1-VB-7

SubjectLand

From: GTo: C1-VB-7

G

7313-177313-17

18th September

Agenda Item # 10.2

of 123



1. General

1.1. Schedule “B” to By-law # 1784 is hereby amended by changing the zoning from R2 and R2B to R2B*, R2C* and R2C*-8 for the Subject Land shown on Schedule “A-1” attached to and forming part of this By-law.

1.2. Subsection 5E(iii) Residential (R2C*) Zone – Exceptions of By-law #1784, as amended, is hereby further amended by adding thereto the following exception:

(viii) R2C*-8: Exception 8 Part of Lot 26, Concession 3

1. Defined Area

The lands located east of Old Colony Drive and zoned R2C*-8 shall be subject to the provisions as hereinafter contained. Matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law #1784.

2. Zone Provisions

Notwithstanding any zone provisions of this By-law to the contrary, in any R2C*-8 Zone, the following provisions shall apply:

(a) Lot Frontage Minimum 10.4m

Agenda Item # 10.3

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Don Mitchell, Mayor


Agenda Item # 10.3

of 123

Brock

St N

Dryden Blvd

Old Colony Dr

Fores

t Grov

e Dr

Clear Spring Rd

James Rowe Dr

Greenlands CtOld Colony Dr



MayorClerk

SubjectLand

From: R2To: R2B* Subject

Land

From: R2BTo: R2C*

3395 Brock St N

From: R2To: R2C*

From: R2To: R2C*-8

From: R2BTo: R2C*-8

7314-177314-17

18th September

Agenda Item # 10.3

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1. General

Schedule “B” to By-law # 1784 is hereby amended by changing the zoning 1.1.from A and R2B* to R2B*-14, R2C*-7 and G for the Subject Land shown on Schedule “A-1” attached to and forming part of this By-law.

Subsection 5D(iii) Residential (R2B*) Zone – Exceptions of By-law #1784, 1.2.as amended, is hereby further amended by adding thereto the following exception:

(m) R2B*-14: Exception 14 Part of Lot 26, Concession 4 Plan of Subdivision SW-2017-02

1. Defined Area

The lands located east of Baldwin Street South and north of Claridge Crescent and zoned R2B*-14 shall be subject to the provisions as hereinafter contained. Matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law #1784.

2. Zone Provisions

Notwithstanding any zone provisions of this By-law to the contrary, in any R2B*-14 Zone, the following provisions shall apply:

(a) LOT COVERAGE Maximum for one storey dwelling unit 45%

Maximum for dwelling unit greater than one storey 40%

Agenda Item # 10.4

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Notwithstanding provision (a) above, the following may be permitted:

(i) In the case of an interior lot, a single storey covered and unenclosed porch or verandah having no habitable space above it to a maximum floor area of 12 m2 provided it is located in the front yard area of the lot; and,

(ii) In the case of a corner lot, a single storey covered and unenclosed porch or verandah having no habitable space above it to a maximum floor area of 20 m2 provided it is located in the front and/or exterior side yard area of the lot

Subsection 5E(iii) Residential (R2C*) Zone – Exceptions of By-law #1784, 1.3.as amended, is hereby further amended by adding thereto the following exception:

(vii) R2C*-7: Exception 7 Part of Lot 26, Concession 4 Plan of Subdivision SW-2017-02

1. Defined Area

The lands located east of Baldwin Street South and north of Claridge Crescent and zoned R2B*-14 shall be subject to the provisions as hereinafter contained. Matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law #1784.

2. Zone Provisions

Notwithstanding any zone provisions of this By-law to the contrary, in any R2C*-7 Zone, the following provisions shall apply:

(a) LOT COVERAGE

Maximum for one storey dwelling unit 45% Maximum for dwelling unit greater than one storey 40%

Notwithstanding provision (a) above, the following may be permitted:

Agenda Item # 10.4

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(i) In the case of an interior lot, a single storey covered and unenclosed porch or verandah having no habitable space above it to a maximum floor area of 10 m2 provided it is located in the front yard area of the lot; and,

(ii) In the case of a corner lot, a single storey covered and unenclosed porch or verandah having no habitable space above it to a maximum floor area of 17.5 m2 provided it is located in the front and/or exterior side yard area of the lot


Don Mitchell, Mayor


Agenda Item # 10.4

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Baldw

in St

S

Sleepy Hollow Pl

Claridge Cres

Robert Attersley Dr E

Archs

tone S

t

Loon

stone

St

Luros

a Cres

Sonley Dr

Archs

tone S

tSubjectLand

From: ATo: R2B*-14



MayorClerk

From: ATo: R2C*-7

From: ATo: G

From: R2B*To: G

SubjectLand

7315-17

7315-17

18th September

Agenda Item # 10.4

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Amend the Fees and Charges By-law

Being a By-law to amend the Fees and Charges By-law # 7220-17.

Whereas the Council of The Corporation of the Town of Whitby considered Staff Report CMS 35-17 at its meeting on June 26, 2017; and,

Whereas Council deems it necessary to amend Schedule F to the Fees and Charges By-law; Community and Marketing Services Department Fees – Sports Fields, Arena/Ice Floors and Parks.

Now therefore be it resolved that the Council of The Corporation of the Town of Whitby hereby enacts as follows:

1. General

That Schedule F to By-law # 7220-17 be amended to include the fees as set 1.1.out in Schedule A attached hereto and forming part thereof.

2. Effective Date

The provisions of Schedule A to this by-law shall come into force and take 2.1.effect on April 1, 2018.


Don Mitchell, Mayor


Agenda Item # 10.5

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By-law Name: Amend the Fees and Charges By-law By-law # 7316-17 Page 2 of 2

Schedule A

Community and Marketing Services Department Fees – Sports Fields, Arena/Ice Floor, and Parks

2018 Fees Effective April 1, 2018 to March 31, 2019

Fee Title Fee (Excluding

Taxes) HST Applicable

Fee (Including Taxes, if

applicable) Fee Basis

Park User Fees

Ball Diamond, Soccer Pitch, and Lacrosse Field – Whitby Minor Sports Organization

$4.00 Yes $4.52 Per Hour






Park User Fees








Park User Fees



Agenda Item # 10.5

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By-law to Amend By-law # 6919-14

Being a By-law to amend By-law # 6919-14 to change the legal description of the Heritage Property known as the Henry Fliess House.

Whereas, Section 30.1 of the Ontario Heritage Act, R.S.O. 1990, c. O. 18, as amended, authorizes the Council of a municipality to amend a by-law to designate property made under Section 29 to correct the legal description of the property;

And Whereas, the Council of The Corporation of the Town of Whitby has served on the owners of the lands of 520 Henry Street and 522 Henry Street, a Notice of Intent to change the legal description of the Heritage Property known as the Henry Fliess House;

And Whereas, no Notice of Objection to the proposed amendments has been served on the Town Clerk;

Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows:

1. General

That By-law # 6919-14 be amended to change the legal description of the 1.1.Heritage Property municipally known as 520 Henry Street (the Henry Fliess House, excluding the detached garage), to be Part Lot 11, Plan H50046, being Part 2, Plan 40R-29317; Town of Whitby, and identified as PIN 26500-0322 (LT).

That By-law # 6919-14 be deleted from the title of the property legally 1.2.described as Part Lot 11, Plan H50046, being Part 1, Plan 40R-29317, Town of Whitby, identified as PIN 26500-0321 (LT), and municipally known as 522 Henry Street.

That the legal description contained in Schedule “A” of By-law # 6919-14 be 1.3.replaced with the legal description as contained in Schedule A to this By-law.

2. Effective Date

This provisions of this by-law shall come into force and take effect on the day 2.1.of the final passing thereof.

Agenda Item # 10.6

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By-law Name: By-law to amend By-law # 6919-14 By-law # 7317-17 Page 2 of 3


Don Mitchell, Mayor


Agenda Item # 10.6

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By-law Name: By-law to amend By-law # 6919-14 By-law # 7317-17 Page 3 of 3

Schedule A

Legal Description

Part Lot 11, Plan H50046, being Part 2, Plan 40R-29317; Town of Whitby

PIN 26500-0322 (LT)

Agenda Item # 10.6

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Renewal of Banking Services Agreement

Being a By-law to authorize the renewal of the Banking Services Agreement with the Royal Bank of Canada (RBC). Whereas By-law # 6631-12 was passed by the Council of the Town of Whitby on the

25th day of June, 2012, to designate the Royal Bank of Canada as the Corporation’s financial institution for banking purposes;

And Whereas the current Banking Agreement with the Royal Bank of Canada for the provision of banking services has a five year period with an option to renew for a further five years;

And Whereas, it is deemed desirable and expedient to accept a proposal from the Royal Bank of Canada to extend the term for a further five years;


1. General

That the renewal of the Banking Services Agreement with the Royal Bank of 1.1.Canada for the provision of banking services for a five year period is hereby accepted and approved; and

That the Mayor and the Clerk be hereby authorized to execute the contract 1.2.documents.

2. Repeal of Existing By-law

2.1. That By-law # 6631-12 be repealed.


Don Mitchell, Mayor


Agenda Item # 10.7

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Amending Development Charges By-law Being a By-law to Amend By-law # 7255-17 regarding Development Charges – Roads & Related – Town-wide Infrastructure for the Corporation of the Town of Whitby.

Whereas Council of the Town of Whitby passed By-law # 7255-17 on March 20, 2017 pursuant to the Development Charges Act, 1997, S.O. 1997, c. 27, as amended (the “Act”), whereby the Town of Whitby imposed development charges against land to pay for increased capital costs required because of the increased need for Services arising from development in the area to which By-law # 7255-17 applies;

And Whereas section 19 of the Act provides for amendments to a development charges by-law;

And Whereas Council has before it a report entitles “2017 Development Charges Amendment Background Study: Roads and Related – Town-wide Infrastructure” prepared by Hemson Consulting Ltd., dated July 19, 2017 (the “Update Study) as required by section 10 of the Act for any amendments to By-law # 7255-17;

And Whereas notice of a public meeting was given pursuant to subsection 12(1) of the Act and in accordance with the regulations under the Act, and copies of the Update Study and this proposed by-law were made available to the public in accordance with subjections 10(4) and 12(1) of the Act;

And Whereas a public meeting was held on September 11, 2017 in accordance with the Act to hear comments and representations from all persons who applied to be heard (the “Public Meeting”); And Whereas the Council of the Town of Whitby has heard all persons who applied to be heard no matter whether in objection to, or in support of, the development charge amendment proposal at the Public Meeting, and the public was generally afforded the opportunity to make written submissions relating to this proposed by-law and the Update Study;

And Whereas by resolution at its meeting held on September 18, 2017, Council approved the Update Study and determined that no further public meeting were required under subsection 12(3) of the Act;


1. Definitions

“Act” means the Development Charges Act, 1997, S.O. 1997, c.27, as 1.1.amended or any successor thereto;

“Update Study” means the 2017 Development Charges Amendment 1.2.Background Study: Roads and Related – Town-wide Infrastructure as prepared by Hemson Consulting Ltd., dated July 19, 2017;

Agenda Item # 10.8

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By-law Name: Amending Development Charges By-law By-law # 7319-17 Page 2 of 3

“Public Meeting” refers to the public meeting held on September 11, 2017 in 1.3.accordance with the Act to hear comments and representations from all persons who applied to be heard.

2. General

By-law # 7255-17 is hereby amended as follows:2.1.

2.1.1. Schedule “B” – “Schedule of Residential Development Charges” of By-law # 7255-17 is repealed and replaced with Table 1 of this by-law; and

2.1.2. Schedule “C” – “Schedule of Non-Residential Development Charges” of By-Law # 7255-17 is repealed and replaced with Table 2 of this by-law.

This By-law expires when By-law # 7255-17 expires. 2.2.

3. Schedule(s)

The following tables attached hereto form part thereof:3.1.

3.1.1. Table 1 – (To Amend Schedule “B” of By-law # 7255-17) Schedule of Residential Development Charges

3.1.2. Table 2 – (To Amend Schedule “C” of By-law # 7255-17) Schedule of Non-Residential Development Charges

4. Short Title

This by-law may be cited as the “Town of Whitby Amending Development4.1.Charge By-law, 2017”.

5. Effective Date

This by-law shall come into full force and effect on October 1, 2017.5.1.

Agenda Item # 10.8

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By-law Name: Amending Development Charges By-lawBy-law # 7319-17 Page 3 of 3


Don Mitchell, Mayor


Agenda Item # 10.8

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TABLE 1 (TO AMEND SCHEDULE “B” OF BY-LAW # 7255-17)

SCHEDULE OF RESIDENTIAL DEVELOPMENT CHARGES

Column A.

• Single-DetachedDwelling Units

• Semi-DetachedDwelling Units

Column B.

• ResidentialDwelling Types NotIncluded inColumns A, C or D

• Row TownhouseDwelling Units withThree (3) or MoreBedrooms

Column C.

• Apartment DwellingUnits with Two (2) orMore Bedrooms

• Row TownhouseDwelling Units withTwo(2) or LessBedrooms

• Mobile HomeDwelling Units

Column D.

• Apartment DwellingUnit with One (1) orLess Bedrooms

• Garden SuiteDwelling Units

• Special Care/SpecialNeeds DwellingUnits

Service

General Government $994 $794 $586 $381 4.7%

Non-Administrative Operational Facilities $160 $128 $95 $62 0.8%

Fire Services $921 $736 $543 $353 4.3%

Operations $642 $512 $378 $246 3.0%

Parks & Recreation $6,173 $4,929 $3,639 $2,367 29.0%

Libraries $1,094 $874 $645 $420 5.1%

Parking & By-Law $170 $136 $100 $65 0.8%

Waste Management $155 $124 $91 $59 0.7%

Total General Services $10,309 $8,233 $6,077 $3,953 48.4%

Roads & Related - Town-Wide Infrastructure $8,293 $6,622 $4,888 $3,180 38.9%

Roads & Related - Alternate Route And Related Infrastructure $2,347 $1,874 $1,384 $900 11.0%

Stormwater Management $373 $297 $220 $143 1.7%

Total Engineered Services $11,013 $8,793 $6,492 $4,223 51.6%

TOTAL TOWN-WIDE CHARGE PER UNIT $21,322 $17,026 $12,569 $8,176 100.0%

Percentage of Charge Column A Column B Column C Column D

Agenda Item # 10.8

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TABLE 2 (TO AMEND SCHEDULE “C” OF BY-LAW # 7255-17)

SCHEDULE OF NON-RESIDENTIAL DEVELOPMENT CHARGES

Service Adjusted Adjusted Charge per

Square Metre Charge per

Square Metre

General Government $6.86 7.1% $3.53 7.0%

Non-Administrative Operational Facilities $1.11 1.2% $0.57 1.1%

Fire Services $6.36 6.6% $3.28 6.5%

Operations $4.43 4.6% $2.28 4.5%

Parks & Recreation $0.00 0.0% $0.00 0.0%

Libraries $0.00 0.0% $0.00 0.0%

Parking & By-Law $1.17 1.2% $0.61 1.2%

Waste Management $0.00 0.0% $0.00 0.0%

General Services Charge Per sq.m $19.93 20.7% $10.27 20.4%

Roads & Related - Town-Wide Infrastructure $57.37 59.7% $30.26 60.0%

Roads & Related - Alternate Route And Related Infrastructure $16.23 16.9% $8.58 17.0%

Stormwater Management $2.57 2.7% $1.35 2.7%

Engineered Services Charge Per sq.m $76.17 79.3% $40.19 79.6%

TOTAL TOWN-WIDE CHARGE PER SQ M $96.10 100.0% $50.46 100.0%

Percentage of Charge

Retail Commercial

Percentage of Charge

Other Non-Residential

Agenda Item # 10.8

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