COUNCIL AGENDA Tuesday April 18, 2017 3:00 PM

TOWN OF WHITCHURCH - STOUFFVILLE COUNCIL AGENDA Tuesday April 18, 2017 3:00 PM

Council Chambers 111 SANDIFORD DRIVE

Please ensure cell phones are turned off or set to be silent. Council Meetings will be audio-recorded and made available online.

Chair: Mayor Altmann Page

1. Call to Order

2. Roll Call

3. Introduction of Addendum Items

1. Report No. FS-005-17 - 2017 Grants and Donations In-Kind - First Round (F11)

2. Report No. DS-012-17 - Lifting of Holding Symbol for Subdivisions 19T(W)11.004 and 19T(W)13.001 (Stouf Con Eight / Fieldgate and Tovtel / Geranium Subdivisions) (D18)

3. Memorandum from Acting CAO, re: Deferral of Report No. FS-005-17 - 2017 Grants and Donations In-Kind - First Round

4. Confirmation of Agenda

5. Declarations of Pecuniary Interest

6. Adoption of Minutes

6 - 13 1. Regular Meeting - April 4, 2017

7. Recognitions

8. Delegations/Petitions

9. Outside Presentations/Information from Town Advisory Committees

10. Consent Agenda

a. Staff Reports

Page 1 of 102 Council Agenda April 18, 2017

14 - 21 1. Report No. CS-012-17 2018 Municipal Election - Statutory By-laws (C07)

1) That Council receive Report No. CS-012-17 and take no further action regarding ballot question, alternate languages, and candidate contribution rebate program; and

2) That Council endorse the establishment and recruitment of a Joint Compliance Audit Committee for the 2018-2022 term of Council with other interested municipalities in York Region.

22 - 28 2. Report No. CS-013-17 Broadcast of Council Meetings Update (C00)

1) That Council authorize staff to continue to live audio stream and record Council meetings using iCompass Technologies.

29 - 39 3. Report No. DS-010-17 Updates to the Fees and Charges By-law - Site Alteration (P11)

1) That Council approve the new fees related to Site Alteration highlighted in Attachment 1, and enact By-law 2017-019-FI to amend the current Fees and Charges By-law.

40 - 48 4. Report No. PW-018-17 Sump Pump and Rooftop Downspout Disconnection for Capital Reconstruction Projects (F18)

1)That Council receive the report titled “Sump Pump and Rooftop Downspout Disconnection for Capital Reconstruction Projects” for information; and

2)That Council direct Staff to take all reasonable measures to ensure that existing private property drainage outlets to the municipal road allowance are not adversely affected by road reconstruction; and

3)That Council direct Staff to enforce the existing Sewer Use By-Law 2014-008-WS prohibitions against sump pump or roof drainage discharges being made directly to the sanitary sewer, and require property owners to disconnect any connections found through on- going investigations related to capital projects and routine operational practices; and

Page 2 of 102 Council Agenda April 18, 2017

4)That Council direct Staff to report back with information related to the creation of a Special Policy Area where foundation drainage, including sump pump discharges, must discharge to the surface; and

5)That Council continue to support the policy of permitting foundation drain connections to the storm sewer only where authorized in writing by the Director of Public Works through the issuance of a Permit to Connect including any conditions imposed on the connection, or through development approvals; and

6)That Council support the existing Sewer Use By-Law prohibitions against roof water drainage discharges to the storm or sanitary sewer for any new or reconstructed buildings.

49 - 56 5. Report No. PW-019-17 Metrolinx GO Rail Corridor Electrification Project Confidentiality Agreement (T03, L04)

1)That Council authorize the Mayor and Clerk to execute a confidentiality agreement with Metrolinx to facilitate the mutual sharing of information between the Town and Metrolinx for the Metrolinx GO Rail Corridor Electrification Project, subject to any revisions by the Town Solicitor.

57 - 59 6. Report No. CS-014-17 Enactment of a Revised Election Signs By-law (C01)

1)That Council receive the report titled Enactment of a Revised Election Signs By-law; and

2)That Council approve the recommended amendments as reflected in this report; and

3)That Council enact the revised Election Signs By-law 2017-041-RE being a by-law to regulate Election Signs and to repeal by-law 2010- 057-RE.

60 - 75 7. Report No. FS-005-17 2017 Grants and Donations In-Kind - First Round (F11)

1)That Council provide direction with respect to the 2017 Grants and Donations/in-Kind requests as presented in “Attachment 1”; and

Page 3 of 102 Council Agenda April 18, 2017

2)That Council request that the recipients include the Town of Whitchurch-Stouffville as a sponsor of their program.

76 - 84 8. Report No. DS-012-17 Lifting of Holding Symbol for Subdivisions 19T (W) 11.004 and 19T (W)13.001 (Stouf Con Eight / Fieldgate and Tovtel / Geranium subdivisions) (D14)

1)That Council direct staff that prior to the lifting of the holding symbol in the Stouf Con Eight / Fieldgate (19T(W) 11.004) and/or Tovtel / Geranium subdivision (19T(W) 13.001), the Town prepare an agreement between the Town, Fairgate and Fieldgate requiring them to construct an emergency access from Bethesda Sideroad to the Fairgate draft plan of subdivision (19T(W) 11.005); and

2)That Council authorize staff to prepare the Zoning By-law and Notice of Intention to remove the Holding Symbol for the lands in Plans of Subdivision 19T(W) 11.004 (Stouf Con Eight / Fieldgate) and 19T(W) 13.001 (Tovtel / Geranium) when the Town has executed an emergency access agreement with Fairgate and Fieldgate.

b. Communications

85 1. April 18 Council Communications Report • York Region, re: Proposed York Region Development Charges Bylaw • York Region, re: 2016 Drinking Water Systems Report • York Region, re: State of the Forests in York Region • York Region, re: Connect to Innovate Broadband Funding Application • York Region, re: Economic Development - 2016 Year in Review • York Region, re: York Telecom Network Review • Town of Newmarket, re: Bill 65, Safer School Zones Act, 2016

11. Action Items Requiring Separate Discussion

12. Notices of Motion/Motions for which notice has been given

13. Resolutions from Members of Council

14. By-laws

86 - 92 1. 2017-019-FI being a by-law to amend fees and charges for services or activities provided by the Town of Whitchurch-Stouffville, by-law

Page 4 of 102 Council Agenda April 18, 2017

2016-164-FI (General Fees and Charges - Schedule "F"). (Report No. DS-010-17)

93 - 94 2. 2017-040-FI being a by-law to amend fees or charges for services or activities provided by the Town of Whitchurch-Stouffville, By-law 2016-164-FI (General Fees and Charges - Schedule "L" Public Works).

95 - 102 3. 2017-041-RE being a by-law to regulate Election Signs and to repeal By-law 2010-057-RE. (Report No. CS-014-17)

15. Regional Business

16. List of Proclamations Made (Provided for information purposes only)

17. Resolution to hold a Closed Meeting, if required

1. Verbal Report of the Town Solicitor, re: A proposed or pending acquisition or disposition of land by the municipality (Municipal Act, Sec. 239(2)(c)) - Former Franklin Avenue Road Allowance

2. Verbal Report of the Acting CAO, re: Labour relations or employee negotiations (Municipal Act, Sec. 239(2)(d)) - Administrative Policy No. 30

18. Items Arising from a Closed Meeting

19. Confirmatory By-law

20. Adjournment

21. Comments from Members of Council

Page 5 of 102 TOWN OF WHITCHURCH - STOUFFVILLE COUNCIL MINUTES Tuesday, April 4, 2017 7:00 pm

Council Chambers 111 Sandiford Drive

Chair: Mayor Altmann

The regular meeting of Council was held at the municipal offices, on the above date and time.

Staff Present: Rob Flindall, Rob Raycroft, Rob McKenzie, Mary Hall, Brian Parrott, Dave Kenth, Paul Mercer, Isabel Leung and Samantha Kong.

1. Call to Order

2. Roll Call All members of Council were present.

3. Introduction of Addendum Items 1. Memorandum from Director of Development Services, re: Report DS-008-17 – Revisions to Condition 13.3 in Attachment 4

4. Confirmation of Agenda

Moved by Councillor Hargrave Seconded by Councillor Upton

That Council confirm the agenda, as amended.

Carried as amended

5. Declarations of Pecuniary Interest None

6. Adoption of Minutes

Moved by Councillor Kroon Seconded by Councillor Upton

That Council adopt the minutes from the regular meeting of Council on March 21, 2017 and special meeting of Council on March 23, 2017.

Carried

Regular Meeting - April 4, 2017 Page 6 of 102 Council Minutes April 4, 2017

7. Recognitions None

8. Delegations/Petitions None

9. Outside Presentations/Information from Town Advisory Committees None

10. Consent Agenda

Moved by Councillor Kroon Seconded by Councillor Upton

That Council approve all staff reports on the consent agenda, with the exception of items that have been deferred, deleted, or listed for separate discussion on the regular agenda, and adopt the recommendations contained therein.

Carried

a. Staff Reports

Report No. CS-010-17 Appointment of a Member to the Whitchurch-Stouffville Museum Advisory Committee (C12)

1) That Council enact By-law 2017-035-AP to appoint Salvatore Amenta to the Whitchurch-Stouffville Museum Advisory Committee and to repeal By-law 2015-052-AP.

Report No. LCS-004-17 Contract Award WS-RFP-17-04 L&M Lebovic Park Construction (F18)

1) That Council approve the award of WS-RFP-17-04 L&M Lebovic Park Construction to Latitude 67 Ltd. in the amount of $1,355.008.99 inclusive of HST; and

2) That Council establish a contingency of $135,500.89 inclusive of taxes for the project construction to allow for any additional work related to the park location and site requirements that may be necessary; and Page 2 of 8

Regular Meeting - April 4, 2017 Page 7 of 102 Council Minutes April 4, 2017

3) That Council in accordance with the Naming Policy, approve the park be named Gar Lehman Park; and

4) That Council authorize the Mayor and Clerk to sign all necessary agreements between the Town of Whitchurch-Stouffville and Latitude 67 Ltd. for WS-RFP-17-04.

Report No. DS-008-17 Request for Extension of Draft Plan Approvals, 2036737 Ontario Inc. and 2022988 Ontario Inc., Part of Lots 9 and 10, Concession 9 (Bloomington), File Nos. 19T-83015 and 19T-86101 (D12)

1) That Council approve the extension of Draft Plan Approval for Subdivision File 19T-83015, for a period of three (3) years, with a revised lapsing date of April 4, 2020; and

2) That Council approve the extension of Draft Plan Approval for Subdivision File 19T-86101, for a period of three (3) years, with a revised lapsing date of April 4, 2020; and

3) That Council direct staff to replace the Schedule of Conditions of Draft Approval for Subdivision File 19T-83015, dated September 9, 2014, with the attached Schedule of Conditions of Draft Approval dated April 4, 2017; and

4) That Council direct staff to replace the Schedule of Conditions of Draft Approval for Subdivision File 19T-86101, dated April 15, 2014, with the attached Schedule of Conditions of Draft Approval dated April 4, 2017; and

5) That, in accordance with the provisions of Section 51(47) of the Planning Act, Council deem the revisions to Conditions of Draft Approval to be minor in nature, and that written Notice of Decision as required under Section 51(45) of the Act is not required.

b. Communications

April 4, 2017 Council Communications Report • AECOM, re: Notice of Study Commencement • Town of Georgina, re: Township of Scugog Greenbelt of Ontario • Town of Georgina, re: Review of Regional Council Governance • City of Markham, re: Inter-municipal Provincial Offences Act Fine Collection Agreement

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Moved by Councillor Smith Seconded by Councillor Ferdinands

That Council receive the correspondence for information, with the exception of correspondence that have been deferred or listed for separate discussion.

Carried

11. Action Items Requiring Separate Discussion

Report No. CS-011-17 2018 Municipal Election - Alternate Voting Methods (C07)

Moved by Councillor Smith Seconded by Councillor Lovatt

1) That Council receive Report No. CS-011-17 regarding alternate voting method for the 2018 municipal election; and

2) That Council enact By-law 2017-037-EL to authorize the use of optical scan vote tabulators for the 2018 municipal election, and to repeal By-law 2014-012-EL.

Carried

Report No. PW-017-17 Summary of the Public Consultation Session Held in Preparation for the Reconstruction of Burkholder Street, Russel Avenue, and Blake Street (F18)

Moved by Councillor Hargrave Seconded by Councillor Ferdinands

1) That Council receive Report No. PW-017-17 for information.

Carried

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Report No. DS-007-17 Updates to the Site Alteration and Fill By-law and Supporting Documents (P11)

Moved by Councillor Kroon Seconded by Councillor Ferdinands

1) That Council enact By-Law 2017-017-RE, being a by-law to prohibit or regulate, any alteration to the grade (topography) of a property through the movement, removal or placement of topsoil, soil or fill within the Town of Whitchurch Stouffville; and

2) That Council enact By-law 2017-038-RE to amend the Delegated Authority By-law to provide the Director of Development Services and his/her designate the delegated authority to approve minor amendments to Fill Management Plans, renew permits, and amend the Guideline for Application of a Site Alteration and Fill Permit as per By-law 2017-017-RE as required.

Carried

Report No. DS-009-17 Enhancing Broadband Connectivity in Whitchurch-Stouffville (D02)

Moved by Councillor Ferdinands Seconded by Councillor Smith

1) That Council agree to support York Region’s Connect to Innovate Program application; and

2) That Council direct staff to prepare a letter of support for York Region’s Connect to Innovate Program application to be executed by the Mayor at the appropriate time; and

3) That Council direct staff to provide a copy of this report to the Regional Municipality of York.

Carried

12. Notices of Motion/Motions for which notice has been given None

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13. Resolutions from Members of Council

Moved by Councillor Lovatt Seconded by Councillor Upton

That Council direct staff to bring a report to Council on municipal business licensing programs that can be used for information and make recommendations for a process that can be implemented for the Town.

Carried

14. By-laws

Moved by Councillor Smith Seconded by Councillor Lovatt

That Council read the following by-laws a first, second, and third time and passed:

2017-017-RE being a by-law to prohibit or regulate, any alteration to the grade (topography) of property through the movement, removal or placement of topsoil, soil or fill within the Town of Whitchurch Stouffville, and to repeal By-law 2014-101-RE.

2017-035-AP being a by-law to appoint individuals to the Whitchurch- Stouffville Museum Advisory Committee and repeal By-law 2015-052-AP.

2017-036-RD being a by-law to establish the road widening shown as Parts 2, 4, and 6 on Plan 65R-36952 as public highway.

2017-037-EL being a by-law to authorize the use of automated voting equipment for the 2018 Municipal Election and repeal 2014-012-EL.

2017-038-RE being a by-law to delegate routine Council powers and duties to staff and to amend (Delegation) By-law 2016-046-RE (Schedule “C”).

Carried

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15. Regional Business

Mayor Altmann provided a brief overview of the Regional Council meeting of March 23, 2016, where the development charges background study was discussed. He stated that new development charges would be effective as of June 17, 2017.

16. List of Proclamations Made None

17. Resolution to hold a Closed Meeting, if required None

18. Items Arising from a Closed Meeting None

19. Confirmatory By-law

Moved by Councillor Upton Seconded by Councillor Ferdinands

That Council read Confirmatory By-law 2017-039-MS a first, second, and third time and passed.

Carried

20. Adjournment

Moved by Councillor Kroon Seconded by Councillor Hargrave

That there being no further business, Council adjourn the meeting at 8:17 p.m.

Carried

21. Comments from Members of Council

APPROVED at the Town of Whitchurch-Stouffville this 18th day of April, 2017.

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Isabel Leung, Deputy Clerk Mayor Justin Altmann

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Town of Whitchurch-Stouffville Council Report Item 1

Subject: 2018 Municipal Election – Statutory By-laws (C07)

Staff Report No. CS-012-17

Department: Clerk’s Department

Date: April 18, 2017

Recommendation:

1) That Council receive Report CS-012-17 and take no further action regarding ballot question, alternate languages and candidate contribution rebate program; and

2) That Council endorse the establishment and recruitment of a Joint Compliance Audit Committee for the 2018-2022 term of Council with other interested municipalities in York Region.

1. Purpose:

The purpose of this report is to: • seek approval to establish the mandatory compliance audit committee; and • seek direction on a number of statutory by-laws that Council may enact under the Municipal Elections Act, 1996, (“MEA”) as amended: 1. Question on the ballot; 2. Language, other than English, for notices, forms and other information provided under this Act; and 3. Candidate contribution rebate program.

2. Executive Summary:

The purpose of this report is to seek approval to establish a Joint Compliance Audit Committee (“JCAC”) with other interested York Region municipalities. Committee Terms of Reference and Appointment by-laws for the JCAC will be presented to Council at a later date for approval.

Report No. CS-012-17 2018 Municipal Election - Statutory By-... Page 14 of 102 Council Report CS-012-17 April 18, 2017

This report also addresses a number of statutory by-laws that Council may enact under the MEA relating to question(s) on the ballot, alternate languages on election notices and forms, or the candidate contribution rebate program. Staff recommend that Council remain status quo and not pass any of the by-laws for the 2018 municipal election, based on the analysis in this report.

3. Background:

The next regular municipal election will take place on Monday, October 22, 2018. Municipal elections are governed by the Municipal Elections Act, 1996, which was significantly amended in June 2016 by the Municipal Elections Modernization Act, 2016. Highlight of changes to the 2018 election timetable is shown in Table 1 below:

Task Old Date New Date Authorization of Alternative Voting June 1, 2018 May 1, 2017 Methods Establish procedures for voting and the June 1, 2018 December 31, 2017 use of vote counting equipment and alternative voting methods authorized by Council Approval of Question on Ballot April 25, 2018 March 1, 2018 Establishment of Voting Subdivisions March 31, 2018 March 31, 2018 Adoption of a policy to authorize the use N/A May 1, 2018 of Corporate Resources in an election year Nomination period opens January 1, 2018 May 1, 2018 Nomination Day September 8, 2018 July 27, 2018

On April 4, 2017, Council dealt with the first legislated deadline and passed a by-law to authorize the use of optical scan vote tabulators as the alternate voting method for the 2018 election. This report will provide an overview of strategies and recommendations for the 2018 election regarding a number of other statutory by-laws under the MEA.

4. Analysis and Options:

4.1 Compliance Audit Committee

Under Section 88.37 of the MEA, Council must appoint a new Compliance Audit Committee for the 2018-2022 term of Council prior to October 1, 2018. The committee is responsible for considering applications from eligible electors who believe, on reasonable grounds, that a candidate has contravened the election finance rules under the Act. Amendments to the MEA now requires the Clerk to examine each candidate’s financial statements to determine if any person has made contributions to one or more candidates that exceed the maximum permitted contributions under the Act. Subsequently, the Clerk needs to submit a report to the committee on those persons who may appear to have contravened the maximum contribution rules.

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Report No. CS-012-17 2018 Municipal Election - Statutory By-... Page 15 of 102 Council Report CS-012-17 April 18, 2017

The Town of Whitchurch-Stouffville has participated in the Joint Compliance Audit Committee for the 2014 to 2018 term of Council with the City of Vaughan, the Towns’ of Aurora, East Gwillimbury, Georgina, Newmarket and Richmond Hill, as well as the Township of King. The joint committee allowed participating municipalities to share and reduce the overall cost of recruiting members, training and the initial retainer fee paid to committee members. Staff recommend the continued participation in the JCAC for the 2018 municipal election. Staff is seeking authorization to establish the joint committee and recruit members with other interested York Region municipalities and will report back with the terms of reference and appointment by-laws for Council’s approval.

4.2 Question on Ballot

Section 8 of the MEA provides that Council may pass a by-law to put a question(s) on the ballot of a regular election, or by-election. Questions may be posed to voters if they fulfil the following conditions: • It must be about a matter that the municipality has authority for, and that the municipality can implement. • It cannot be a matter of provincial interest. • The wording of the question must be clear, concise and neutral. • The question must be answered with “yes” or “no”. Multiple choice or multi-part questions are not allowed.

Before Council passes an authorizing by-law, the Clerk must provide at least ten (10) days’ notice and Council must hold at least one (1) public meeting to consider the matter. Any person may appeal the wording of the question to the Chief Electoral Officer of Elections Ontario. This appeal must be filed with the Clerk within 20 days of the bylaw being passed on the grounds that it is: • not clear, concise and neutral; or • it is incapable of being answered in the affirmative or negative, using “yes” or “no”.

The Chief Electoral Officer is required to hold a hearing within 60 days of receiving the notices of appeal to determine whether the appeals should be dismissed or allowed in whole or in part. After the election, the results of a question authorized by a by-law under Section 8 of the MEA are binding on a municipality if:

1. An affirmative answer received the majority of the votes, the municipality shall do everything in its power to implement the results of the question in a timely manner; or 2. A negative answer received the majority of the votes, the municipality shall not do anything within its jurisdiction to implement the matter which was the subject of the question for a period of four years following voting day.

For a question to receive the “majority of the votes”, it would require voter turnout to exceed 50% + 1 and the majority vote in either yes or no to the question.

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Report No. CS-012-17 2018 Municipal Election - Statutory By-... Page 16 of 102 Council Report CS-012-17 April 18, 2017

Should Council wish to proceed with the placement of a question on the ballot, a by-law to do so must be authorized prior to March 1, 2018. According to the Council Meeting schedule, the last meeting to consider and approve the question would be February 20, 2018. The Town must publish the notice in the local newspaper for at least two consecutive issues to meet the legislative requirement. In order to have the advertisement prepared and submitted to the local newspaper, the cut-off date for submission of a question to appear on the ballot would be Friday, February 2, 2018, which means Council should make a final decision whether or not to proceed with a question on the ballot at the Council Meeting in January 2018.

If Council is considering submitting a question to the voters, it is recommended that staff be directed to report back on the detailed rules, implications and timeframe for placing a question on the ballot.

4.3 Alternate Languages

Section 9 of the MEA requires municipal election information to be in English and French (for French-language district school board elections). Council may wish to pass a by-law to provide municipal election information in alternate languages not in English or French. By enacting such a by-law, Council would be required to hire professional translators to prepare the translations. In addition, Council would need to determine which languages would be included in the by-law.

Since 2010, staff recognized that many new residents spoke languages other than English or French at home. As a result, staff worked with the Stouffville Multicultural Association and the Whitchurch-Stouffville Public Library to develop a Frequently Asked Questions and Answers information sheet, which was translated by volunteers into a number of languages and made available through the library. It was a great opportunity to utilize local volunteer resources and form partnership with new residents in the community. The provision of the translated election information was an extension of the English as a Second Language program provided by the public library. This informal translation process allows the Town to be more flexible in accommodating translation requests of any language for which a volunteer can be located to do the translation.

Staff recommend that this initiative with the WS Public Library and local community groups be continued. Staff will work with volunteers to ensure that election information is available in other languages that are most commonly spoken in Town according to the census data as shown in Attachment 1.

4.4 Candidate Contribution Rebate Program (CCRP)

Section 88.11 of the MEA provides that Ontario municipalities may enact a by-law to allow for the payment of contribution rebates to individuals that make contributions to candidates for office on municipal councils. Municipalities that establish the rebate program determine the conditions of entitlement to issue a contribution rebate and fund the programs through the municipal tax base. Federal and Provincial contributions to

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Report No. CS-012-17 2018 Municipal Election - Statutory By-... Page 17 of 102 Council Report CS-012-17 April 18, 2017

election campaigns are income tax deductible, while municipal election contributions are not. Any municipal rebate would be paid for from the general revenues of the Town. A municipal tax rebate program would be spread over the municipal property tax base only, which means the local taxpayers would assume the payment of rebates to persons who made contributions to candidate for offices on Council.

City of Markham is one of the municipalities that offered CCRP in the 2014 municipal election. Their program was first implemented prior to the 2003 municipal election. To date, the City has issued over $1.5 million in contribution rebates to campaign contributors and more than half of those contribution rebates have been issued to non-Markham residents. Markham’s CCRP has grown from $157,275 to $546,363 between the 2003 and 2014 Municipal Elections (247% increase) and is expected to continue to grow.

As of 2014, only 7 out of Ontario’s 444 municipalities (or 1.6% of all Ontario municipalities) have adopted CCRPs. These municipalities are Ajax, Markham, Oakville, Ottawa, Toronto, Vaughan and Whitby. Depending on the contribution rebate formula and eligibility requirements, budget impact of a CCRP based on the amount of rebate issued ranges from $0.04 to $2.79 per elector as shown in Attachment 2. In addition to budget implications, the CCRP also requires a significant amount of staff time and resources to administer. Staff must review every campaign contributor’s information to ensure they meet the eligibility criteria to qualify for a rebate. Staff will also need to verify all eligible contributors who may have contributed to multiple candidates that they are only receiving one contribution rebate from the Town.

Staff recommend that Council not support the establishment of a contribution rebate program for the 2018 municipal election.

5. Financial Implications:

5.1 Joint Compliance Audit Committee

In the 2014 municipal election, Committee Members were paid a $400 retainer fee and a per diem rate of $350, plus mileage. Joint costs, such as advertising, recruitment, and training estimated to be approximately $1,000 in 2014. Staff will report back on the updated cost when submitting the Terms of Reference and Appointment By-law for Council’s approval.

5.2 Question on Ballot

There is no significant financial impact on establishing a date for final submission of a question on the ballot. Any costs associated with receiving a question and providing public notice will form part of the 2018 election budget.

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Report No. CS-012-17 2018 Municipal Election - Statutory By-... Page 18 of 102 Council Report CS-012-17 April 18, 2017

5.3 Alternate Languages

Staff recommend that Council continue to utilize the services community volunteers to translate election information, there would be no added election expense. If Council wishes to formally enact a by-law to provide translations for specific languages, staff will need to hire professional translation services. This would be an additional cost to the election budget.

5.4 Candidate Contribution Rebate Program

Staff does not recommend the establishment of a rebate program, so there will be no financial impact. If Council wishes to establish a CCRP, the cost of $0.04 - $2.79 per elector from other municipal programs is only calculated against the amount of rebate issued. It does not take into account the administrative costs, such as staff resources required from Clerk’s and Finance Department to process rebates, the cost of issuing and mailing cheques, etc.

6. Alignment with Strategic Plan:

This report is aligned with the Town’s Strategic Plan in the following manner:

3. Service Excellence & Community Engagement High quality, citizen-centred services, responsive to the needs of informed and involved citizens 3.3 Foster a strategically aligned and engaged workforce, where people are challenged, recognized and valued 3.5 Master planning for municipal operations

7. Attachments:

1. Most spoken languages other than English and French in the Town of Whitchurch- Stouffville 2. Municipal Election Candidate Contribution Rebate Programs in Ontario

8. Related Reports:

April 4, 2017 – Report No. CS-011-17 2018 Municipal Election - Alternate Voting Methods (C07)

For further information on this report, please contact Isabel Leung, Deputy Clerk at 905-640-1910 or 1-855-642-8697 ext. 2321 or via email at [email protected]

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Report CS-012-17 Attachment 1

Most spoken languages other than English and French in the Town of Whitchurch-Stouffville* Language Count Percentage English 31,670 84.8% Cantonese 885 2.4 % Tamil 555 1.5 % Chinese n.o.s.** 440 1.2% Italian 245 0.7 % Mandarin 220 0.6 % Urdu 170 0.5 %

* based on 2011 Census Data

** Chinese, n.o.s. includes responses of Chinese as well as all Chinese languages other than Cantonese, Mandarin, Taiwanese, Chaochow (Teochow), Fukien, Hakka and Shanghainese.

Report No. CS-012-17 2018 Municipal Election - Statutory By-... Page 20 of 102 Report CS-012-17 Attachment 2

Municipal Election Candidate Contribution Rebate Programs in Ontario The following table outlines the scope and financial impact of Municipal Election Candidate Contribution Rebate Programs across Ontario for the 2014 Municipal Election.

Ajax Oakville Ottawa Markham Toronto Vaughan Whitby

Electoral population 74,891 125,722 632,385 195,805 1,813,915 190,724 87,406 in 2014 Criteria for Oakville Vaughan contributor to qualify Ajax Ontario Ontario Ontario Whitby voter & voter & for contribution voter resident resident resident voter resident resident rebate

Minimum contribution $50 $100 $25.01 $50 $25 $50 $25 eligible for a contribution rebate

Maximum allowable $200 $375 $75 $350 $1,000 $150 $150 contribution rebate Number of contribution rebates 89 263 2,166 2,781 16,543 341 43 issued*

Total contribution $12,266 $40,402.65 $105,185 $546,363 $4,005,376 $48,615 $3,750 rebates issued* CCRP cost per elector* (total contribution rebates $0.16 $0.32 $0.17 $2.79 $2.20 $0.26 $0.04 issued/Electoral population)

*These numbers are as of April 2016.

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Town of Whitchurch-Stouffville Council Report Item 2

Subject: Broadcast of Council Meetings Update (C00)

Staff Report No. CS-013-17

Department: Corporate Services, Clerk’s Department

Date: April 18, 2017

Recommendation:

1) That Council authorize staff to continue to live audio stream and record Council meetings using iCompass Technologies.

1. Purpose:

The purpose of this report is to update Council on the live audio stream of Council meetings and evaluate the statistics to date.

2. Background:

At the October 20, 2015 meeting, Council resolved:

1) THAT Council authorize pre-budget approval in the amount of $2,500 for the broadcast of Council meetings, in order for the audio livestreaming service to commence early 2016;

2) AND THAT staff be authorized to audio stream Council Meetings using iCompass Technologies for one (1) year and report back to Council for long term considerations.

Staff commenced the live audio stream of Council meetings on April 5, 2016 using iCompass Technologies services, hosted by a third party provider, EarthChannel Communications. EarthChannel allows the Town to live stream media directly to our website (www.townofws.ca/cmlivestream) through an embedded live player, as well as record the stream to be indexed, archived and accessed at a later date. As per Procedural

Report No. CS-013-17 Broadcast of Council Meetings Update (C... Page 22 of 102 Council Report April 18, 2017

By-law 2016-001-RE, the Clerk is responsible for uploading the electronic file of all video/audio live streamed meetings on the Town’s website 72 hours following each meeting.

In conjunction with the live audio stream of Council meetings, staff has also shared Council decisions through traditional media in way of media releases and Council newsletters, as well as through social media platforms such as Facebook and Twitter. The Town currently has 695 followers on the WS Town Hall Facebook page (@wstownhall), 1681 on the Town’s Corporate Facebook page (@wstouffville), and 663 followers on the Town’s Council Twitter account (@ws_townhall). The Town provides “live tweeting” of Council discussions and decisions that occur during Council meetings.

3. Analysis and Options:

The Town has further enhanced openness and transparency by allowing residents and other stakeholders to listen to Council discussions without attending the meeting in person.

3.1 Traffic Count of Live Audio Stream and Archived Recording

The audio of each regular Council meeting has been live streamed and recorded since April 5, 2016. EarthChannel monitors the number of listeners of each event and compiles statistics for both the live broadcast and archived recording (Table 1).

Table 1: Number of live audio stream listeners and archived meeting visits

Date and Time of Council Meeting Live Audio Stream Archived Meeting # of listeners # of visits to date April 5, 2016 – 7 p.m. 170 79 April 19, 2016 – 3 p.m. 387 96 May 3, 2016 – 7 p.m. 43 27 Part 1 – 116 May 17, 2016 – 3 p.m. 237 Part 2 - 15 June 7, 2016 – 7 p.m. 130 88 June 21, 2016 – 3 p.m. 37 6 July 19, 2016 – 3 p.m. 142 13 Part 1 – 214 August 23, 2016 – 3 p.m. 90 Part 2 - 249 September 6, 2016 – 7 p.m. 26 16 September 20, 2016 – 3 p.m. 2 2 October 4, 2016 – 7 p.m. 45 59 October 18, 2016 – 3 p.m. 87 4 November 1, 2016 – 7 p.m. 59 7

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November 15, 2016 – 3 p.m. 57 10 December 6, 2016 – 7 p.m. 328 50 December 20, 2016 – 3 p.m. 299 1048 January 17, 2017 – 7 p.m. 255 40 January 24, 2017 (Budget Meeting) – Part 1 – 57 211 9 a.m. Part 2 – n/a February 7, 2017 – 7 p.m. 146 47 February 21, 2017 – 3 p.m. 64 5 March 7, 2017 – 7 p.m. 223 35 March 21, 2017 – 3 p.m. 42 4

EarthChannel does not have the capability to pause and resume a recording, therefore the recording of a few Council meetings have been broken down into two (2) parts if Council recessed during the meeting.

The statistics of each live audio stream event can be broken down further by the length- of-listeners and operating system used. An example of the breakdown is illustrated in the tables below.

April 5, 2016 Council Meeting Example – Total Listeners: 170

Table 2: Length-of-Listeners Breakdown

Length Total # of Listeners % of Total Listeners less than 1 minute 132 77.65 1 to 5 minutes 9 5.29 5 to 15 minutes 10 5.88 15 to 30 minutes 4 2.35 30 minutes to 1 hour 10 5.88 over 1 hour 5 2.94

Table 3: Operating System Breakdown

Operating System Total # of Listeners % of Total Listeners Computer and laptops 21 12.36 Mobile Devices (i.e. cell 149 87.64 phones and tablets)

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It is important to note that the number of live audio stream listeners does not necessarily reflect the exact number of individuals who tuned into the live stream. The same individual could have refreshed the webpage multiple times, be mobile, or revisited the stream. Furthermore, it is possible that the IP address of any listener could have changed while listening to the live audio stream, whether they are using a computer or mobile device. Each time the audio player is launched or the IP address changes, a new listener is recorded even though it may be the same individual.

3.2 Council broadcast by other local municipalities

According to a report by The Regional Municipality of York, seven of the nine local municipalities broadcast their Council meetings and most use video streaming (Attachment 1). Viewership statistics of two of the nine local municipalities were unavailable because the broadcast is conducted through Rogers TV. Compared to other municipalities, the Town’s Council broadcast is very successful based on the high number of listeners.

3.3 Bill 68 – Modernizing Ontario’s Municipal Legislation Act, 2016 – Electronic Participation

Bill 68 proposes a number of changes to legislation which governs municipalities such as the Municipal Act, 2001, Municipal Conflict of Interest Act, and the Municipal Elections Act, 1996. One of the changes is to permit Members of Council and local boards to participate electronically in open meetings, but those Members cannot be considered as part of the determination of quorum. Bill 68 received second reading on March 23, 2017 and has been referred to the Standing Committee on Social Policy.

Staff will continue to monitor the legislative changes and report back regarding electronic participation requirements. If Bill 68 becomes law, Council may wish to direct staff to explore more advanced technological solutions to stream meetings and investigate the feasibility to permit electronic participation. Staff will address policy and budget implications should that time come.

Option A: Continue to live audio stream using iCompass (recommended)

Staff recommend Council to continue to live audio stream meetings through iCompass Technologies for the following reasons:

• Effectiveness: based on the statistics in Table 1: Number of live audio stream listeners and archived meeting visits, the live audio stream and archived recording are well utilized and accessed by listeners compared to other local municipalities, as shown in Attachment 1.

• Cost efficiency: the cost of live audio streaming is $2,200 plus applicable taxes, compared to video streaming which would exceed an estimated cost of $12,500 (based on the experience of other local municipalities).

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• Anticipated legislative changes: the proposed changes to legislation through Bill 68 could permit electronic participation by members of Council, which would require staff to investigate advanced technological solutions. Any changes to the current Council broadcast method is premature at this time as staff continue to monitor pending legislative changes of Bill 68 regarding electronic meeting participation.

Option B: Discontinue live audio stream

Council may direct staff to discontinue the live audio stream through iCompass Technologies and direct staff to explore other alternatives. Staff does not recommend this approach due to the level of engagement that has been proven through the number of listeners of live audio streams and number of visits to archived meetings.

Option C: Investigate video streaming of Council meetings

Council may direct staff to investigate video streaming of Council meetings and transition from audio to video streaming. Staff does not recommend this approach due to the estimated costs associated with implementing video streaming that has been experienced by other local municipalities ($12,500 includes hardware and software).

4. Financial Implications:

The cost of audio streaming service with iCompass is $2,200 plus applicable taxes annually, which includes technical support and training. This amount has been approved in the 2017 Operating Budget. There would be no additional cost to the Town, should Council approve to continue to live audio stream Council meetings.

5. Alignment with Strategic Plan:

This report is aligned with the Town’s Strategic Plan in the following manner:

3. Service Excellence & Community Engagement High quality, citizen-centred services, responsive to the needs of informed and involved citizens

3.6 Advance customer/client service excellence 3.7 Enhance communication with and engagement of residents and businesses

6. Attachments:

1. Broadcasting of meetings by local municipalities – extract from The Regional Municipality of York Committee of the Whole Report, dated September 2, 2016

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7. Related Reports:

October 20, 2015 – Report No. 10 Pre-budget Approval for Broadcast of Council Meetings

June 16, 2015 – Report No. 14 Council Broadcast Update Council Broadcast Update Attachment 1

For further information on this report, please contact Samantha Kong, Council Coordinator at 905-640-1910 or 1-855-642-8697 ext. 2222 or via email at [email protected]

Page 6 of 6 Report No. CS-013-17 Broadcast of Council Meetings Update (C... Page 27 of 102 Attachment 1 Extract from The Regional Municipality of York Committee of the Whole Report, dated September 2, 2016

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Town of Whitchurch-Stouffville Council Report Item 3

Subject: Updates to the Fees and Charges By-Law – Site Alteration (P11)

Staff Report No. DS-010-17

Department: Development Services

Date: April 18, 2017

Recommendation:

1) That Council approve the new fees related to Site Alteration highlighted in Attachment 1, and enact By-law 2017-019-FI to amend the current Fees and Charges By-law.

1. Purpose:

The purpose of this report is to introduce for Council’s consideration, the proposed housekeeping updates to the current Fees and Charges By-law, 2016-164-FI.

2. Executive Summary:

Staff have conducted a review of the Town’s Site Alteration By-law 2014-101-RE for the purpose of ensuring that the most progressive and encompassing measures are in place to ensure that the appropriate safeguards, processes, and best management practices are established to properly regulate fill and site alteration activities. From this review, Staff have recommended to Council on April 4th, 2017 certain changes to the existing By-law to better regulate and monitor the clean fill and the site alteration program.

With the new changes to the Site Alteration By-law, Staff recommend that the Fees and Charges By-law be updated. This update will include fees for Minor Site Alteration applications to help cover staff time, an amendment to the Infrastructure Reserve fee and a couple of minor housekeeping amendments.

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3. Background:

Council adopted the Site Alteration By-Law 2017-017-RE on April 4th, 2017 under the authority of section 142 of the Municipal Act, 2001 for the purpose of prohibiting or regulating the placing or dumping of fill and for prohibiting or regulating the alteration of the grade of land in any defined area or areas in the Town.

This By-law update includes an additional application category for Minor Site Alterations. Staff recommend that the new fees be implemented for cost recovery of staff time associated with the review and inspections of Minor Site Alterations. Staff also recommend removing the Infrastructure Reserve fee for applications that propose to only use material on site during the Site Alteration.

4. Analysis and Options:

4.1 The following items have been amended to reflect Council’s comments from the March 7th, 2017 Council Meeting regarding the fees for the Site Alteration By-law update:

a) Minor Site Alteration fees have been reduced.

b) Removal of the additional fees for hydro-excavation trucks. After reviewing the Hemson report as suggested by Council on March 7th, 2017, Staff have decided to remove the additional fees for Hydro-excavation trucks. The Hemson report explains that all fees should be based on a cost recovery basis. Staff have reviewed the fees of the surrounding municipalities and concluded that other municipalities do not charge additional fees for hydro-excavation trucks.

To address the question of cost recovery, Staff time will be monitor over the next 12 months to establish reasonable fees for Hydro-excavation trucks. Staff will return with a report to Council with proposed fees based on the data collected over the next year.

4.2 The following items are a brief description of the amendments to the Fees and Charges By-law:

a) It is recommended that sites that move material from within a single property should be exempt from the Infrastructure Reserve Fee portion of the Municipal Service Fee, if municipal roads will not be used in the site alteration.

Large property owners will still be required to go through the permitting process and be charged fees associated with moving material on their properties. This is primarily due to the amount of staff time that is spent on monitoring these properties and responding to complaints as a result of the activity. This being said, the By-law does allow for Normal Farming Practices and allows the application of

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Report No. DS-010-17 Updates to the Fees and Charges By-law ... Page 30 of 102 Council Report April 18, 2017

200mm of topsoil per 12 months over the existing grade and allows farmers to slightly alter their grades without the need of a permit

b) The additional application category for Minor Site Alterations was added in the Site Alteration By-law that was adopted by Council on April 4th, 2017. A Site Alteration is considered Minor based on the property size and the amount of material being imported, exported or moved. Minor Site Alteration sizes are described in the chart below.

Land Area (ha) Volume of one time allowable site alteration (m³)* 0.1ha< 10m³ =>0.1ha and 0.2ha< 50m³ =>0.2ha and 0.5ha< 100m³ =>0.5ha 200m³ *Any subsequent request to alter the property will be elevated to a minor, small, or large site alteration, depending on the collective amount of fill brought into the property.

A Minor Site Alteration Application would only apply to properties less than 0.5 hectares in size that wish to import up to 200m³ (20 tri-axle dump truck loads). Applicants wishing to import more than 200m³ but less than 5,000m³ will be required to apply for a Small Site Alteration. Applicants wishing to import more than 5,000m³ will be required to apply for a Large Site Alteration. The fees below are for a Minor Site Alteration application and can be found highlighted in Attachment 1:

Fee/ Deposit Type Rate Application Fee 10 - 100 m³ $150.00 Application Fee 101 - 200 m³ $300.00 Base Fee $0.50 per m³ Enforcement Fee $0.15 per m³ Infrastructure Reserve Fee $0.35 per m³ Cash Deposit $1,000.00 Security Deposit $10.00 per m³ Permit Renewal Fee $50.00

Staff are recommending the above mentioned fees to help cover the cost of for review, inspection, and enforcement of the site alteration. These fees are considered reasonable based on the amount of time Staff have spent on similar types of applications. Typically Staff will inspect the property multiple times while the site is active, as well as afterwards to confirm that the site has been stabilized with vegetation and survey the property to confirm that the approved grading plan has been followed.

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There will also be two deposits required, a Cash Deposit and a Security Deposit. The Cash Deposit will be used to help cover the cost of peer review consultants and any other application specific technical, legal and support services. Once the site alteration is complete, the balance of the cash deposit will be returned.

To ensure there are no issues during the site alteration, a Security Deposit will be held for the duration of the site alteration. This Security Deposit may be used at the Town’s discretion to address any failure to comply with an Order for issues such as: mud tracking, redirecting or blocking drainage, failure to stabilize the site with vegetation, road damage, siltation or erosion issues etc. The Security Deposit will not be drawn upon without notifying the property owner and providing them reasonable time to rectify the issue themselves. Once the site alteration is complete, the balance of the Security Deposit will be returned.

c) A couple small housekeeping amendments for better clarification or referencing.

5. Financial Implications:

If passed, the requirement to issue permits for certain activities, which previously did not require permits may result in an increased workload for staff. However, this will be offset by the fees associated with such permits which will be collected by the Town.

6. Alignment with Strategic Plan:

This report is aligned with the Town’s Strategic Plan in the following manner:

1. Community Prosperity and Sustainability Balanced growth, environmental protection, economic development, tourism, community character and identity

1.3 Orderly/phased development

2. Fiscal and Asset Management As stewards of the public trust, manage the Town’s resources in a fiscally responsible manner, promote partnership opportunities and advance Town interests

2.1 Increase revenues and reduce costs

7. Attachments:

1. Proposed New Site Alteration Fees

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8. Related Reports:

March 7, 2017 – Report No. DS-003-17 Updates to the Site Alteration and Fill By-law and Supporting Documents (P11) Report DS-003-17 – Site Alteration Bylaw Update Report DS-003-17 – Attachment 1

For further information on this report, please contact Paul Mercer, Engineering Technologist at 905-640-1910 or 1-855-642-8697 ext. 2250 or via email at [email protected]

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Report No. DS-010-17 Updates to the Fees and Charges By-law ... Page 33 of 102 Report No. DS-010-17 Updates to the Fees and Charges By-law ...

TOWN OF WHITCHURCH-STOUFFVILLE FEES AND CHARGES BY-LAW NUMBER 2016-164-FI - December 20, 2016 SCHEDULE "F"

SERVICE AREA: ENGINEERING DEPARTMENT: DEVELOPMENT SERVICES Proposed Rates Before New Rates Revised/New Goods/Services Provided Unit of Measurement Tax (before tax) Admin Cost HST at 13% Additional Description Effective Date Rate (Y)

1 Site Alteration Fees, Deposits and Securities (except where exempt by By-law 2017-017-RE)

a) For Site Alterations of less than 200m³ on any one property April 4, 2017 Y

i) Application Fee Flat Fee NEW $150.00 N For sites importing between 10 - 100 m³, plus legal fees in April 4, 2017 Y (Per Application) Schedule "J" - (Due at Application Flat Fee NEW $300.00 For sites importing between 100 - 200 m³, plus legal fees in April 4, 2017 Y Submission Time) (Per Application) Schedule "J" ii) Cash Deposit Flat Fee NEW $1,000.00 10% N Deposit to cover the cost of consultants, inspections, audits April 4, 2017 Y - (Due at Application and any other application specific technical, legal and Submission) (Per Application) support services, etc. Cash Deposit Account must be replenished upon request of the Town. Peer Review and Application processing will stop if the account is exhausted. Permit Administration and oversight will stop and the Permit may be revoked if the account is exhausted. iii) Security Deposit Flat Fee per m³ of a NEW $10.00 N Letter of Credit or cash held by the Town that may be used April 4, 2017 Y - (Due at Permit Issuance) total cut and fill site at the Town’s discretion to address the failure to comply alteration volume. with an Order. The Town may access the Security Deposit (Per Application) to retain professional services or contractors to conduct work to achieve compliance with an Order made under the Site Alteration and Fill By-law. Page 34 of 102 If the Town draws upon the Security Deposit, the Owner will top up the Security Deposit upon request of the Town. iv) Municipal Service Fees - (Due at Permit Issuance) April 4, 2017 Y

Base Fee Per m³ NEW $0.50 N April 4, 2017 Y Enforcement Surcharge Fee Per m³ NEW $0.15 N April 4, 2017 Y

Infrastructure Reserve Fee Per m³ NEW $0.35 N Infrastructure Reserve Fee does not apply if all material to April 4, 2017 Y be used during the site alteration, originates from the same property and does not leave the property. v) Permit Renewal Fee Flat Fee NEW $50.00 N April 4, 2017 Y Report No. DS-010-17 Updates to the Fees and Charges By-law ...

TOWN OF WHITCHURCH-STOUFFVILLE FEES AND CHARGES BY-LAW NUMBER 2016-164-FI - December 20, 2016 SCHEDULE "F"

SERVICE AREA: ENGINEERING DEPARTMENT: DEVELOPMENT SERVICES Proposed Rates New Rates Revised/New Goods/Services Provided Unit of Measurement before Tax (before tax) Admin Cost HST at 13% Additional Description Effective Date Rate (Y)

b) For Site Alterations of less than 5,000 m³on any one property

i) Application Fee Flat Fee $2,500.00 N Sites less than 5,000 m³, plus legal fees in January 1, 2017 - (Due at Application Schedule "J" Submission Time) (Per Application) ii) Cash Deposit Flat Fee $4,080.00 10% N Deposit to cover the cost of staff time, consultants, January 1, 2017 - (Due at Application inspections, audits and any other application specific Submission) (Per Application) technical, legal and support services, etc. Plus Flat fee per m³ of $1.00 total cut and fill site Cash Deposit Account must be replenished upon request of alteration volume. the Town. Peer Review and Application processing will stop if the account is exhausted. Permit Administration and oversight will stop and the Permit may be revoked if the account is exhausted. iii) Security Deposit Flat Fee per m³ of a $5.00 N Letter of Credit or cash held by the Town that may be used September 9, 2014 - (Due at Permit Issuance) total cut and fill site at the Town’s discretion to address the failure to comply alteration volume. with an Order. The Town may access the Security Deposit (Per Application) to retain professional services or contractors to conduct work to achieve compliance with an Order made under the Site Alteration and Fill By-law. If the Town draws upon the Security Deposit, the Owner will top up the Security Deposit upon request of the Town.

Page 35 of 102 iv) Municipal Service Fees - (Due at Permit Issuance) September 9, 2014

Base Fee Per m³ $0.55 N January 1, 2017 Enforcement Surcharge Fee Per m³ $0.20 N September 9, 2014

Infrastructure Reserve Fee Per m³ $0.40 N Infrastructure Reserve Fee does not apply if all material to April 4, 2017 Y be used during the site alteration, originates from the same property and does not leave the property.

v) Permit Renewal Fee Flat Fee $500.00 N January 1, 2017 Report No. DS-010-17 Updates to the Fees and Charges By-law ...

TOWN OF WHITCHURCH-STOUFFVILLE FEES AND CHARGES BY-LAW NUMBER 2016-164-FI - December 20, 2016 SCHEDULE "F"

c) For large site alterations of 5,000 m³ or greater on any one property

i) Application Fee Flat Fee $12,000.00 N Sites of 5,000 m³or greater, plus legal fees in January 1, 2017 - (Due at Application Schedule "J" Submission Time) (Per Application) ii) Cash Deposit Flat Fee $10,200.00 10% N Deposit to cover the cost of staff time, consultants, January 1, 2017 - (Due at Application inspections, audits and any other application specific Submission) (Per Application) technical, legal and support services, etc. Plus Flat fee per m³ of $1.00 Cash Deposit account must be replenished at least annually total cut and fill site or at the request of the Town. Peer Review and Application alteration volume (to a processing will stop if the account is exhausted. Permit maximum of $102,000 Administration and oversight will stop and the permit may be (was $100,000.00) revoked if the account is exhausted.

iii) Security Deposit Annual Deposit $51,000.00 N Letter of Credit or cash held by the Town that may be used January 1, 2017 - (Due at Permit Issuance) at the Town’s discretion to address the failure to comply (Per Application) with an Order. Plus fee per m³ of cut $1.00 The Town may access the Security Deposit to retain professional services or contractors to conduct work to and fill site alteration achieve compliance with an Order made under the Site volume from previous Alteration and Fill By-law. year (estimated in first year) If the Town draws upon the Security Deposit, the Owner will

Page 36 of 102 top up the Security Deposit upon request of the Town. iv) Municipal Service Fees - (As per Terms of Agreement) September 9, 2014

3 Base Fee Per m $0.55 N January 1, 2017

3 Enforcement Surcharge Fee Per m $0.20 N January 1, 2017

3 Infrastructure Reserve Fee Per m $0.40 N Infrastructure Reserve Fee does not apply if all material to April 4, 2017 Y be used during the site alteration, originates from the same property and does not leave the property.

3 Legacy Fee Per m $0.35 N January 1, 2017 Report No. DS-010-17 Updates to the Fees and Charges By-law ...

TOWN OF WHITCHURCH-STOUFFVILLE FEES AND CHARGES BY-LAW NUMBER 2016-164-FI - December 20, 2016 SCHEDULE "F"

v) Permit Renewal Fee Flat Fee $750.00 N January 1, 2017

d) Fill Management Plan Flat Fee $1,000.00 N January 1, 2017 Amendment Fee g) Site Alteration Violation In any situation where work or activities have been undertaken for which a Permit is required in accordance with the Site Alteration and Fill By- law September 9, 2014 and Investigation Fee but was not obtained, an additional Site Alteration and Fill By-law Violation and Investigation Fee shall be paid. The Violation and Investigation Fee shall be 100% of the applicable Application Fees and Municipal Services Fees. The Violation and Investigation Fee is in addition to all other fees, charges and securities that are required as part of the permitting process. h) Site Alteration Repeat In any situation where work or activities have been undertaken for which a Permit is required in accordance with the Site Alteration and Fill By- law January 1, 2016 Violation and Investigation but was not obtained, an additional Site Alteration and Fill By-law Violation and Investigation Fee shall be paid. Fee The Violation and Investigation Fee shall be 100% of the applicable Application Fees and Municipal Services Fees. The Violation and Investigation Fee is in addition to all other fees, charges and securities that are required as part of the permitting process. At the discretion of the Director of Development Services an additional fee equal to 100% of the applicable Application Fees and Municipal Services Fees will be applied for repeat offenders.

i) Fill Violation Fee Per m3 of excess fill $10.00 N Fee to deal with fill issues on overfilled sites beyond the January 1, 2017 brought into the site Town approved volume or elevation on the Fill above the Town Management Plan. approved volume or elevation Page 37 of 102

Report No. DS-010-17 Updates to the Fees and Charges By-law ...

TOWN OF WHITCHURCH-STOUFFVILLE FEES AND CHARGES BY-LAW NUMBER 2016-164-FI - December 20, 2016 SCHEDULE "F"

SERVICE AREA: ENGINEERING DEPARTMENT: DEVELOPMENT SERVICES Proposed Rates before New Rates Revised/New Goods/Services Provided Unit of Measurement Tax (before tax) Admin Cost HST at 13% Additional Description Effective Date Rate (Y)

2 Review Deposit / Fees - Legal Cost of Cost of 10% Y Cost to cover staff time, consultants, inspections, audits January 1, 2009 / Engineering / Hydrology / Service Service and any other application specific technical, legal and Geotechnical / Landscape and support services, etc. An Administration Fee of 10% will other consultant costs be applied to all Consultant Costs. Will be used for complex or large development applications and for other work beyond the technical expertise of Town staff. Deposits may be taken or topped up at the request of the Town Engineer or Designate based on the estimate. At all times there shall be a deposit of $10,000 or 3.5% of the estimated construction cost, whichever value is greater. 3 Municipal Staff Cost Recovery See See N Hourly Rate plus Corporate Administrative (overhead March 1, 2007 additional additional defined under Schedule "C", Finance). Will be used to Description Description cover staff time where other fees do not apply. 4 Residential Grading Fee Flat fee $500.00 $510.00 N January 1, 2017 Per Dwelling Unit 5 Engineering Inspections of Flat Fee $1,175.00 $1,200.00 Y Assumes 2 inspections for ICI projects only. A dditional January 1, 2017 ICI projects inspections will be carried out at a cost of $600/inspection. 6 Engineering Review Grading Flat Fee NEW $760.00 Y Assumes 2 reviews and 1 approval review by Town. January 1, 2017 and Servicing Drawings of Further review will require an additional fee of $250 / Consent Applications review. 7 Engineering Review of Flat Fee NEW $780.00 Y Assumes 2 reviews and 1 approval review by Town. January 1, 2017 Page 38 of 102 Development Agreement for Further review will require an additional fee of $260 / ICI Projects review. 8 Engineering Fee of Percentage of estimated NEW 3.50% Y To be paid with the Preservicing Agreement, Servicing January 1, 2017 Subdivision after Draft Plan construction cost Agreement or with the Subdivision Agreement, Approval whichever comes first. Town's review of drawings and agreements up to registration. Review includes: -Erosion and sediment controls; -Civil drawings and reports; -Agreements. Administration after Registration and all inspections will be paid on an hourly basis. Report No. DS-010-17 Updates to the Fees and Charges By-law ...

TOWN OF WHITCHURCH-STOUFFVILLE FEES AND CHARGES BY-LAW NUMBER 2016-164-FI - December 20, 2016 SCHEDULE "F"

9 Renewal Fee Flat Fee NEW $1,500.00 N Yearly renewal of subdivision after five years (normal January 1, 2017 for Subdivisions time frame for assumption). Can be paid by cheque or by drawing on the Review Deposit. 10 Signing of M-Plans Flat Fee NEW $1,000.00 Y Plus staff time for review. January 1, 2017 Can be paid by cheque or by drawing on the Review Deposit. 11 Signing of Plans of Flat Fee NEW $1,000.00 Y Plus staff time for review. January 1, 2017 Condominium Can be paid by cheque or by drawing on the Review Deposit. 12 Signing of Schedules Flat Fee NEW $1,000.00 Y Plus staff time for review. January 1, 2017 Can be paid by cheque or by drawing on the Review Deposit.

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Town of Whitchurch-Stouffville Council Report Item 4

Subject: Sump Pump and Rooftop Downspout Disconnection for Capital Reconstruction Projects (F18)

Staff Report No. PW-018-17

Department: Public Works

Date: April 18, 2017

Recommendation:

1) That Council receive the report titled “Sump Pump and Rooftop Downspout Disconnection for Capital Reconstruction Projects” for information; and

2) That Council direct Staff to take all reasonable measures to ensure that existing private property drainage outlets to the municipal road allowance are not adversely affected by road reconstruction; and

3) That Council direct Staff to enforce the existing Sewer Use By-Law 2014-008- WS prohibitions against sump pump or roof drainage discharges being made directly to the sanitary sewer, and require property owners to disconnect any connections found through on-going investigations related to capital projects and routine operational practices; and

4) That Council direct Staff to report back with information related to the creation of a Special Policy Area where foundation drainage, including sump pump discharges, must discharge to the surface; and

5) That Council continue to support the policy of permitting foundation drain connections to the storm sewer only where authorized in writing by the Director of Public Works through the issuance of a Permit to Connect including any conditions imposed on the connection, or through development approvals; and

6) That Council support the existing Sewer Use By-Law prohibitions against roof water drainage discharges to the storm or sanitary sewer for any new or reconstructed buildings.

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1. Purpose:

The purpose of this report is to advise Council of current policy and By-law prohibitions against the connection to the sanitary sewer of foundation drains, sump pumps and drainage from roofs.

The report also provides Council with an update on the steps being taken during the design of road reconstruction projects to mitigate any adverse effects to drainage from private property resulting from the elimination of roadside ditches.

2. Executive Summary:

In the past, residents may have connected sump pump outlets and roof drainage downspouts to sanitary sewers, storm sewers or roadside ditches. The reconstruction of roads eliminates drainage ditches on some projects, in which case the property line sump pump or downspout discharges needs to be adjusted or removed. Further, sump pump discharges to the sanitary sewer system must be identified and eliminated before a property is reconnected to the sanitary sewer.

There is also a concern related to maintaining positive drainage away from buildings and structures when the roadside ditches are eliminated. Some properties may have been adequately serviced for drainage by the existing ditch system, and without an appropriate design, the property may be negatively affected by the elimination of the ditch.

In order to mitigate these concerns, the design for roadway reconstruction will seek to accommodate existing drainage patterns through the following actions:

i. Lower proposed road elevations, to the extent possible, to improve the slope between the home and the road; ii. Perform additional grading work within the boulevard to improve slope between the yard and the road; iii. Install additional catchbasins and minor swales within the municipal boulevard.

In many of the existing neighbourhoods, the new storm sewer system cannot accommodate any direct foundation drain connections without creating the potential for basement flooding. During larger storm events the new storm sewer may not have a free outlet above the high water level in the downstream creeks. As a result, any directly connected foundation drains would not function, and may in fact back-up causing flooding of the basement. Therefore, these properties will be required to rely on the existing sump pumps or other means of foundation drainage within the private property.

Where the urbanized road design and adjacent grading work in the municipal road allowance will not accommodate the existing property foundation drainage at the surface, a property line storm sewer connection for sump pump discharges only will be provided. Foundation drains will not be directly connected without authorization from the Town.

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3. Background:

In the past, residents may have connected sump pump outlets and roof drainage downspouts to sanitary sewers, storm sewers or roadside ditches. However, this causes undue stress on the sanitary water treatment systems and significant additional loading on the storm sewer systems. As a result, capital reconstruction projects have sought to disconnect roof downspouts and sump pump outlets from the existing sanitary and storm sewer systems. Additionally, the Town has not provided new foundation drains to any proposed sewer systems in existing neighbourhoods during reconstruction projects.

There are three major issues with existing sump pump connections:

1. Only sanitary sewage is permitted to be discharged to the sanitary sewer system; 2. Storm sewers are often shallow and foundation drains cannot be connected to the storm sewer without risk of basement flooding and property damage from sewer surcharging and back-ups; 3. The drainage system in some areas of the existing community consists in large part of open ditch systems only, which presents private property drainage challenges when road reconstruction eliminates the ditches.

With the planned capital road reconstruction projects in 2017, initial site investigation and resident feedback received during Public Information Centres suggests that localized grading and drainage issues may need to be addressed. As a result, on March 21, 2017, Council directed Staff to report back with a policy on sump pump connections to storm sewer systems for the April 18, 2017 Council Meeting.

4. Analysis and Options:

4.1 Mandated Reduction of Sanitary Sewer Inflow/Infiltration

The Town is mandated through recent regulatory approvals to reduce inflow and infiltration into the York-Durham Sanitary Sewer (YDSS) system. The MOECC approved the Individual Environmental Assessment for the Region of York Southeast Collector Trunk Sewer project in March 2010 with a number of conditions which the Town must fulfill in partnership with the Region. Condition 8, and specifically, subsection 8.2, states that the Region is required to develop an Inflow and Infiltration Reduction Strategy (the Strategy), which:

“shall include a program for the reduction of inflow and infiltration by the Regional Municipality of York to the Southeast Collector Trunk Sewer from its and its lower tier municipalities’ sewage systems. This program shall include reduction priorities, targets, timelines, tactics and initiatives, and the associated costs to implement these.”

Town and Region of York Staff have been actively working since 2010 to reduce unwanted inflow and infiltration into the sanitary sewer system. One of the sources of

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inflow to the sanitary sewer is sump pump connections and illegal roof drainage connections to the sanitary sewer system. The older areas of Town in particular have been identified as being significant contributors to sanitary sewer flows during rain events and wet weather indicative of rainwater and groundwater inflows.

The Town Sewer Use By-law 2014-008-WS has strengthened and broadened the prohibitions against discharge of clean storm water, groundwater, or water from drainage of roofs into the sanitary sewer system, by specifically prohibiting any connection of a sump pump, or any other device that performs a function similar to a sump pump, to a sanitary sewer or any pipe that connects to a sanitary sewer.

The previous Sewer Use By-law #73-16, in force since 1973, prohibited the discharge to the sanitary sewer of storm water runoff, and drainage from lands or roofs. Foundation drain discharge was not specifically regulated, and some foundation drains may have been connected to the sanitary sewer.

4.2 Roof Drainage Discharge to Sanitary Sewers and Storm Sewers Not Permitted

Sewer Use By-law prohibits the discharge of storm water from roofs directly to the storm sewer or the sanitary sewer. This prohibition is also reflected in the Town’s Engineering Design criteria and the Town’s Official Plan Policies.

In addition, downspout disconnection is a best practice, supported by the policies of the Conservation Authorities. Under this requirement all roof drainage is directed to the surface and onto unpaved areas in order promote on site infiltration of rain water. This practice encourages groundwater recharge and maintains the existing water balance for the area, and decreases loading on storm sewers and down stream water courses.

4.3 Verification of Existing Sump Pump and Rooftop Downspout Connections

Staff have prepared a notification letter and Survey intended to gather information on the existing sump pump and roof drainage connections (Attachment 1). The purpose of this Survey and investigation is to inform residents of the situation and to gather enough detail to allow the Town and the Design Consultant to make a determination of whether system disconnection is feasible.

The intent is for Public Works Staff to visit each property and complete the investigation and Survey based on what can be observed or, if necessary, to work through the Survey with each occupant. If the occupant is not present or the details cannot be observed by Staff performing the Survey, the Notice letter and Survey will be left at the door with instructions of how to complete and submit the form. Further investigation by means of dye testing, smoke testing and CCTV camera inspection may also be necessary to confirm the information gathered.

4.4 Mitigation of Negative Effects from System Disconnection

Ditches are the common collection point for sump pump and rooftop downspout discharge where homes are located along existing ditched roads. When roads are reconstructed

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and urbanized the ditches are filled in, with the curb and gutter, catchbasin inlets and underground storm sewers replacing the ditch system. Often times, this is non- problematic as most homes are surrounded by a positive slope where the home sits at an appreciable elevation above the elevation of the road, and all drainage runs overland into the ditches. Following road reconstruction, the existing yard grading and overland flow is collected in the curb and gutter system in the same manner as the ditch.

However, in some cases, resident feedback and preliminary site investigation indicate there are some properties which currently drain into the existing roadside ditches but are considerably lower than the existing road surface. Filling of the ditches could eliminate the drainage outlet unless the other steps are taken to provide an outlet.

In order of preferred mitigation, the design for roadway reconstruction will seek to:

i. Lower proposed road elevations, to the extent allowable, to improve slope between the home and the road, allowing for positive drainage to the curb ; ii. Perform additional grading work within the boulevard to improve slope between the yard and the road, allowing for positive drainage to the curb; iii. Provide additional catchbasins and minor swales within the boulevard to convey drainage; and, iv. As a final option, provide system connection to the new storm sewer, where disconnection of the system in whole or in part is not feasible. This option would require approval from the Director in the form of a Permit to Connect, which may include conditions and limitations.

At this time, these measures are being designed for implementation where residents have identified an existing issue or where preliminary site investigation has observed a potential issue. The notice and survey have been created to detect issues that homeowners may or may not be aware of and that may not be obvious.

4.5 Future Development Considerations

In areas with existing ditches, the adjacent dwellings may be using sump pumps to remove water from the foundation. In the majority of reconstruction projects the new storm sewer system cannot accommodate any new direct foundation drain connections without creating the potential for basement flooding. During larger storm events the new storm sewer may not have a free outlet above the high water level in the downstream creeks. This may cause surcharging of sewer system. As a result any directly connected foundation drains would not function, and may in fact back-up causing flooding of the basement. Therefore, these properties will be required to rely on the existing sump pumps or other means of foundation drainage within the private property.

Staff recommend that an Area Specific Policy be developed and include in the Town’s Engineering Guidelines and Design Standards, and the Sewer Use By-law, to identify the areas where sump pumps for foundation drainage are required. Staff will identify the areas in existing communities where, historically, foundation drain connections to the

Page 5 of 7

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sewer system have not been provided by the municipality. Existing and new homes built in these areas will be required to continue with sump pump systems in these areas.

Where possible, new storm sewers will be placed at sufficient depths to accept all surface runoff. Deeper depths will be considered, within reason, where the extra depth will not increase the cost of the project. Staff will ensure that the hydraulic grade line elevation for the 1-in-100 storm event (i.e. the maximum theoretical level of storm water flowing through a pipe) is indicated on the construction drawings. Any potential future foundations connections must be kept above that elevation, and will only be made where surface discharge of foundation drainage cannot be accommodated.

New buildings and development in all areas of Town will continue to be subject to the current By-laws, and all roof drainage must be directed to the surface, unless approved through other agreements such as Site Plan agreements.

5. Financial Implications:

Town staff will perform the Survey, and when necessary, rely on residents to complete and return the Survey, via e-mail or in-person drop-off. Costs associated with additional investigation work such as dye testing, smoke testing and CCTV camera inspections can be accommodated within existing budgets.

In terms of construction, depending on the mitigating measure implemented, minor additional design fees and additional construction costs may be incurred, beyond that initially planned.

6. Alignment with Strategic Plan:

This report is aligned with the Town’s Strategic Plan in the following manner:

1. Community Prosperity and Sustainability Balanced growth, environmental protection, economic development, tourism, community character and identity

1.1 Preserve and enhance community rural/urban character, beauty and heritage

2. Fiscal and Asset Management As stewards of the public trust, manage the Town’s resources in a fiscally responsible manner, promote partnership opportunities and advance Town interests

2.2 Sustainable long term fiscal plan for all infrastructure and buildings

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3. Service Excellence & Community Engagement High quality, citizen-centred services, responsive to the needs of informed and involved citizens

3.7 Enhance communication with and engagement of residents and businesses

7. Attachments:

1. Sump Pump & Rooftop Downspout Survey

8. Related Reports:

April 4, 2017 – Report No. PW-017-17 Summary of the Public Consultation Session Held in Preparation for the Reconstruction of Burkholder Street, Russel Avenue, and Blake Street (F18) PW-017-17 - Summary of PIC Session - Burkholder St, Russel Ave, Blake St PW-017-17 - Attachment 1 PW-017-17 - Attachment 2 PW-017-17 - Attachment 3

March 21, 2017 – Report No. PW-013-17 Summary of the Public Consultation Session Held in Preparation for the Road Resurfacing, Sewer and Watermain Replacement on Main Street, from Park Drive to Stouffer Street (F18). PW-013-17 - Summary of Public Consultation Session, Main St PW-013-17 - Attachment 1

March 7, 2017 – Report No. PW-008-17 Municipal Service Permit to Connect Policy (E01, E08) PW-008-17 - Municipal Service Permit to Connect Policy

For further information on this report, please contact Rob Flindall, Director Public Works at 905-640-1910 or 1-855-642-8697 ext. 2248 or via email at [email protected]

Page 7 of 7

Report No. PW-018-17 Sump Pump and Rooftop Downspout Disconn... Page 46 of 102 Attachment 1

SUMP PUMP DISCHARGE & DOWNSPOUT CONNECTION SURVEY AND INVESTIGATION

The Town is conducting a survey of each property in your neighbourhood, prior to the start of planned road reconstruction. Each property will be assessed individually for its drainage requirements.

Public Works Staff will inspect your property to observe general grading and drainage conditions. The attached survey is intended to gather information about your property that cannot be easily observed.

Please complete the attached survey and return to the Town of Whitchurch-Stouffville Municipal Offices or return by mail, no later than April 30, 2017. You may also e-mail completed forms to Mr. Curtis Roach (contact information below.)

If you are unsure of your sump pump or downspout connection(s), of if you have any questions, please contact Mr. Curtis Roach, Capital Projects Coordinator, at 905-640-1910 ext. 2223; e-mail: [email protected].

Yours truly,

Brian Kavanagh, P.Eng. Manager, Capital Projects Town of Whitchurch-Stouffville

Report No. PW-018-17 Sump Pump and Rooftop Downspout Disconn... Page 47 of 102

Attachment 1 SUMP PUMP & DOWNSPOUT DISCHARGE SURVEY BY-LAW 2014-008-WS

Address:______

Occupant’s Name:______

Occupant’s Phone Number:______E-mail Address:______

1. Do you have a sump pump in your basement?

YES NO DON’T KNOW

2. If you answered “yes” to Question 1 above: do you know where the sump pump discharges?

TO PLUMBING TO GROUND NEAR DITCH INSIDE HOUSE THE HOUSE

DON’T KNOW NOT APPLICABLE

3. Do you have a backflow preventer installed on your sump pump?

YES NO DON’T KNOW

4. Does your rooftop downspout discharge to the lawn or other surface?

YES NO DON’T KNOW

5. If you answered “no” to Question 4 above: to which system is your downspout connected?

STORM SEWER SANITARY SEWER DITCH

WEEPING TILE DON’T KNOW NOT APPLICABLE

6. Is there an existing catchbasin or drain located on your property?

YES NO DON’T KNOW

7. If you answered “yes” above, please describe its location (i.e. northwest corner, backyard, etc.)

______

8. Which image below best describes the existing grading between your home and the road?

Note: if you have answered “Don’t Know” to any of the questions above, feel free to contact Mr. Curtis Roach. We will be happy to provide assistance or to schedule a visit to assist you in completing the survey.

Notice of Collection of Personal Information under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). Personal information is collected under the authority of the Municipal Act, 2001, S.O. 2001, c. 24, as amended, and will be used by the Town of Whitchurch-Stouffville as part of the administration and implementation of Sump Pump and Rooftop Discharge Survey. ReportProvision No. of the informationPW-018-17 requested Sumpon this document Pump is voluntary. and The Rooftop personal information Downspout is collected to ensure Disconn... that the Town can respond directlyPage to information 48 of provided 102 herein, if required. With the exception of personal information, all comments will become part of the public record.

Town of Whitchurch-Stouffville Council Report Item 5

Subject: Metrolinx GO Rail Corridor Electrification Project Confidentiality Agreement (T03, L04)

Staff Report No. PW-019-17

Department: Public Works

Date: April 18, 2017

Recommendation:

1) That Council authorize the Mayor and Clerk to execute a confidentiality agreement with Metrolinx to facilitate the mutual sharing of information between the Town and Metrolinx for the Metrolinx GO Rail Corridor Electrification Project, subject to any revisions by the Town Solicitor.

1. Purpose:

The purpose of this report is to seek Council’s authorization for the Mayor and Clerk to execute a confidentiality agreement to facilitate the mutual sharing of information between the Town and Metrolinx for the Metrolinx GO Rail Corridor Electrification Project.

2. Background:

As part of the Regional Express Rail project, Metrolinx is undertaking to electrify a large portion of the GO Rail Corridors in order to provide a greater number of train trips and faster service across the Greater Toronto and Hamilton Area. As part of this initiative, Metrolinx has been working with staff to identify and prioritize potential utility conflicts along the Stouffville GO Rail Corridor that could interfere with the electrification project. This process has involved the mutual sharing of information, such as engineering drawings and crossing agreements, in order to identify any utilities and infrastructure that exist within the rail corridor, the ownership of these utilities and infrastructure, and whether or not they will conflict with the electrification project.

Report No. PW-019-17 Metrolinx GO Rail Corridor Electrificat... Page 49 of 102 Council Report April 18, 2017

Staff in the Development Services department have provided information with respect to planning matters related to the location of new and proposed infrastructure.

3. Analysis and Options:

3.1 Confidentiality Agreement

Metrolinx has indicated that they wish to execute a confidentiality agreement with the Town before proceeding with the next steps of the electrification project. The main components of the Regional Express Rail project will be constructed through the Alternative Financing and Procurement (AFP) model, and it is critical to maintain a level playing field for all bidders. This agreement will facilitate the continued mutual disclosure of information between the Town and Metrolinx according to the terms contained within the agreement.

Under the terms of the agreement, the disclosing party retains all rights, title and interest in the disclosed confidential information. The disclosing party is not responsible for any damages, loss, expense or claim of loss arising from the use of the information by the receiving party.

The agreement notes that the party receiving information will comply with the Freedom of Information and Protection of Privacy Act (FIPPA, applicable to Metrolinx) and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA, applicable to the Town).

The confidentiality agreement is included as Attachment 1. Staff are seeking Council’s authorization for the Mayor and Clerk to execute the confidentiality agreement. The Town Solicitor will review the final agreement.

Staff are responsible to abide by the Town’s existing Confidentiality Policy (Administrative Policy No. 37), specifically Section 2.1 Confidentiality Statement:

“Employees shall not disclose or release by any means to the public, either in verbal or written form, any confidential information or material acquired by virtue of their official position with the Town. Moreover, employees shall not permit any person to inspect or have access to information, papers or documents which are confidential other than those who are appropriately entitled thereto. Further, employees shall not, by virtue of their position with the Corporation, use information for personal or private gain or for the gain of friends, relatives or any person or corporation having dealings with the Town.

These expectations extend beyond an employee's current relationship with the Town. When an employee leaves the employment of the Town, he/she is not to disclose information that could be detrimental to the Town, individual or firm owning

Page 2 of 3

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the information and to this end may be required to execute a letter or form of acknowledgement when their employment is terminated.

Breach of trust of this policy may be sufficient cause for dismissal.”

4. Financial Implications:

There are no financial implications associated with this report.

5. Alignment with Strategic Plan:

This report is aligned with the Town’s Strategic Plan in the following manner:

2. Fiscal and Asset Management As stewards of the public trust, manage the Town’s resources in a fiscally responsible manner, promote partnership opportunities and advance Town interests

2.2 Sustainable long term fiscal plan for all infrastructure and buildings

6. Attachments:

1. Confidentiality Agreement

7. Related Reports:

None

For further information on this report, please contact Rob Flindall, Director of Public Works at 905-640-1910 or 1-855-642-8697 ext. 2248 or via email at [email protected]

Page 3 of 3

Report No. PW-019-17 Metrolinx GO Rail Corridor Electrificat... Page 51 of 102 Attachment 1

CONFIDENTIALITY AGREEMENT

THIS AGREEMENT is made as of between Metrolinx and ------(the "Municipality") (collectively, the "Parties", and each of them individually, a "Party").

Recitals:

A. Metrolinx is undertaking the planning, development and construction of infrastructure and improvements on and adjacent to its rail corridors to facilitate an electrified rail system and two-way all day enhanced rail service (collectively, the "RER Program").

B. The development and construction of an electrified rail system and ancillary facilities (collectively, the "Project") may require the protection, removal, replacement and/or relocation of assets, improvements and infrastructure owned by the Municipality (collectively, the "Municipality Assets").

C. Metrolinx desires that the Utility enter into discussions with Metrolinx regarding the Municipality Assets that may be impacted by the development and construction of the Project and as a result require protection, removal, replacement and/or relocation (collectively, the "Work") and the Municipality has agreed to enter into such discussions.

D. The Parties recognize that, in the course of discussions and in considering the scope of the Work, it may be necessary for each of them to disclose to the other Confidential lnfonnation (as hereinafter defined) which it owns or controls and which has been acquired by it through the expenditure of time, money and effort.

E. The Parties are entering into this Confidentiality Agreement to set out the terms and conditions relating to the disclosure of Confidential Information.

NOW THEREFORE, in consideration of the mutual disclosure of infonnation between the Parties, the mutual premises and covenants contained herein, and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged by each Party), the Parties agree as follows: I. For the purposes of this Agreement, "Confidential Information" means information and data owned by either Party (the "Disclosing Party") or which it has a right to use and which is directly or indirectly provided, disclosed or made available (orally, electronically, visually, photographically, magnetically, in writing or by some other means, and includes but is not limited to, concept reference plans relating to design and certain output specifications for projects, contracts, data, materials, products, machinery, other information, technology, drawings, manuals, strategies, and reports) to the other Party (the "Receiving Party") whether or not specifically identified or marked as confidential or proprietary. This Agreement does not apply to Confidential Information which:

(a) becomes generally available to the public through no fault of the Receiving Party;

(b) is already known to or in the possession of the Receiving Party at the time of its disclosure by Disclosing Party as evidenced by Receiving Party's records;

(c) was independently developed by the Receiving Party prior to receipt from the Disclosing Party as documented by the Receiving Party's written records; or

Report No. PW-019-17 Metrolinx GO Rail Corridor Electrificat... Page 52 of 102 ( d) becomes available to the Receiving Party on a non-confidential basis from a source other than the Disclosing Party that is not under other obligations of confidence.

2. The Disclosing Party shall retain all right, title and interest including all intellectual property rights in and to the Confidential lnfonnation. Neither the execution of this Agreement nor the furnishing of any Confidential lnfonnation shall be construed as granting to the Receiving Party either by implication or otherwise any interest, licence or right respecting the Confidential Information. All Confidential Information is provided "as is" without warranty or guarantee of any kind as to accuracy, completeness, fitness for use, purpose, non-infringement of third party rights or any other warranty, express or implied. The Disclosing Party shall not be responsible for any damages, loss, expense or claim of loss arising from use of or reliance by the Receiving Party on the Confidential Information. The Receiving Party agrees that the Confidential Information is confidential and proprietary to the Disclosing Party and will be held by the Receiving Party in confidence.

3. The Receiving Party covenants that:

(a) it shall not disclose, reveal, publish or disseminate the Confidential Information to any person other than those of its directors, officers, employees, agents and third parties with a need to know such Confidential lnfonnation in connection with the Work provided that any such person to whom it discloses the Confidential Information shall either have entered into a confidentiality agreement with the Disclosing Party on the terms hereof or be otherwise subject to obligations of confidentiality substantially similar to those contained in this Agreement;

(b) it shall take all reasonable steps required to prevent any unauthorized reproduction, use, disclosure, publication or dissemination of the Confidential lnfonnation and shall immediately notify the Disclosing Party if it becomes aware of any unauthorized reproduction, use, disclosure, publication or dissemination;

(c) it shall satisfy and comply with all applicable privacy legislation and any other statute or regulation applicable to the Confidential Infonnation including the Freedom of Information and Protection of Privacy Act (Ontario) ("FIPPA") and the Municipal Freedom of Information and Protection ofPriva cy Act (Ontario) ("MFIPPA"), as applicable;

(d) it shall only use the Confidential information in connection with the Work and for no other purpose; and

(e) at the request of the Disclosing Party, return all Confidential Infonnation or destroy it and all copies in any form in its power or control and provide the Disclosing Party with a certificate of confirmation signed by an officer of the Receiving Party certifying such return or destruction. To the extent that data or electronic records containing Confidential Information are retained by the Receiving Party for the purposes of back up, recovery, contingency planning or business continuity planning or are otherwise not accessible in the ordinary course of business, such data or records, to the extent not otherwise permanently deleted or overwritten will not be accessed except for the purposes enumerated above (back up, recovery, contingency planning or business continuity planning).

4. Where the Receiving Party is the Municipality, the Municipality further covenants that:

(a) neither it nor any of its affiliates is or will be a bidder or a member of a bidder team for any project in the RER Program; and

Report No. PW-019-17 Metrolinx GO Rail Corridor Electrificat... Page 53 of 102 (b) it shall not contact any bidder or bid team member bidding on any project in the RER Program with respect to any aspect of the Work;

5. Subject to earlier termination as may be agreed between the Parties, the obligations of the Receiving Party herein shall be effective from the date of this Agreement and shall remain in full force and effect for seven (7) years from the date the Disclosing Party discloses any Confidential Info nnation to the Receiving Party pursuant to this Agreement.

6. If the Receiving Party is required by law to disclose the Confidential Infonnation, it shall provide the Disclosing Party with written notice to enable the Disclosing Party to seek a protective order and shall cooperate with the Disclosing Party in obtaining any such order. If such order is not obtained, the Receiving Party shall disclose only such portions of the Confidential Infonnation as is required by applicable law.

7. The obligation not to disclose shall not be affected by bankruptcy, receivership, assignment, attaclunent or seizure procedures, whether initiated by or against the Receiving Party, nor by the rejection of any agreement between the Disclosing Party and the Receiving Party, by a trustee of the Receiving Party in bankruptcy, or by the Receiving Party as a debtor-in-possession or the equivalent of any of the foregoing under local law.

8. No information, records or documents contammg personal information will be provided to the Municipality. The Municipality acknowledges that Metrolinx is bound by FIPP A. If a request is made under FIPPA for access to infonnation or records provided by Metrolinx to the Municipality, the Municipality shall cooperate with Metrolinx in identifying infonnation or records responsive to the request and responding to it in a timely manner.

9. No information, records or documents containing personal information will be provided to Metrolinx. Metrolinx acknowledges that the Municipality is bound by MFIPP A. If a request is made under MFIPPA for access to information or records provided by the Municipality to Metrolinx, Metrolinx shall cooperate with the Municipality in identifying information or records responsive to the request and responding to it in a timely manner.

I 0. Each Party acknowledges and agrees that:

(a) any breach or threatened breach by it of this Agreement or the obligations set out herein shall cause immediate and irreparable hann for which damages alone are not an adequate remedy; and

(b) a Party shall be entitled to seek, in addition to any other legal remedies which may be available to it, such equitable relief as may be necessary and available to protect such Party against such breach or threatened breach.

No failure or delay by a Party in exercising any right hereunder shall estop such Party from obtaining permanent injunctive relief.

I I. Neither this Agreement nor any communication between the Parties shall be deemed to create any obligation of either Party in respect of the Work, unless and until the Parties so agree in writing. Unless and until a definitive agreement has been executed in relation to the Work, no contracts or agreements (other than this Agreement) between the Parties shall be deemed to ex ist, and neither Party shall be under any legal obligations of any kind whatsoever by virtue of this Agreement or

Report No. PW-019-17 Metrolinx GO Rail Corridor Electrificat... Page 54 of 102 any other \vritten or oral expression thereof, except in relation to the matters specifically agreed to in this Agreement. A Party may terminate discussions and negotiations with the other Party regarding the Work at any time.

12. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement. No amendments, changes or modifications to or of this Agreement shall be valid unless agreed to in writing by the Parties.

13. No failure or delay by a Party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or future exercise thereof or exercise of any other right, power or privilege under this Agreement. No waiver of any provision of this Agreement shall be valid unless in writing and signed by an authorized signatory of the Party waiving the protection of the provision in question, and such waiver shall not extend to any provision, matter or occurrence not specified by such Party.

14. If any provision of this Agreement is deemed wholly or partially invalid or unenforceable for any reason, to the extent permitted by law, the balance of this Agreement shall remain valid and in full force and effect.

15. This Agreement shall be binding upon and shall enure to the benefit of the Parties and their respective successors and pennitted assigns. This Agreement shall not be assigned by either Party without the prior written consent of the other Party, which consent may be withheld in its sole discretion.

16. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada as applicable therein.

17. This Agreement may be signed in counterparts and delivered by facsimile or e-mail, each of which shall be deemed an original and all of which shall constitute one and the same agreement.

Remainder of page intentionally left blank

Report No. PW-019-17 Metrolinx GO Rail Corridor Electrificat... Page 55 of 102 IN WITNESS WHEREOF the Parties have executed this Agreement as of the date first written above.

METROLINX

By: ------ Name: Title:

By:------ Name: Title:

I/We have the authority to bind the corporation

By:------ Name: Title:

By: ------ Name: Title:

I/We have the authority to bind the corporation

Report No. PW-019-17 Metrolinx GO Rail Corridor Electrificat... Page 56 of 102

Town of Whitchurch-Stouffville Council Report Item 6

Subject: Enactment of a Revised Election Signs By-Law (C01)

Staff Report No. CS-014-17

Department: Municipal Law Enforcement

Date: April 18, 2017

Recommendation:

1) That Council receive the report titled Enactment of a Revised Election Signs By-law; and

2) That Council approve the recommended amendments as reflected in this report; and

3) That Council enact the revised Election Signs By-law 2017-041-RE being a by-law to regulate Election Signs and to repeal by-law 2010-057-RE.

1. Purpose:

The purpose of this report is to seek Council’s enactment of a revised Election Signs By- law 2017.

2. Background:

The Town’s Election Signs By-law was written in 2004 and was last amended in 2010.

The proposed by-law provides greater clarity and consistency for candidates, increased public safety and assist staff with monitoring and enforcement.

Report No. CS-014-17 Enactment of a Revised Election Signs B... Page 57 of 102 Council Report April 18, 2017

3. Analysis and Options:

The following changes are proposed in the draft by-law to address the need for clarity and to maintain public safety through increased compliance:

• Definitions are updated to include Campaign Office, Election Day, Vehicle, Vehicular Sign and Voting Place.

• The definition of Candidate is amended to include the words “under Section 8 of the Municipal Elections Act, 1996”.

• The proposed By-law adds the definition of Third Party Advertiser, which is a new framework introduced through the Municipal Elections Modernization Act, effective, April 1, 2018. Individuals, corporations and unions are eligible to register as third party advertisers that will be allowed to advertise in relation to any candidate or question, being voted on by voters in the municipality.

• The definition of Public Property is amended to include the words “boulevards and road allowances, and shall be deemed to include public utilities facilities, regardless of whether the poles are owned by or under the control of the Town and shall also be deemed to include buses, bus shelters, benches, municipal garbage containers or other structures, located on a highway regardless of whether the shelters, containers or structures are owned by the Town”.

The General Section is relabelled to be General Provisions and the reference to the cost of the Election Sign deposit is changed to read “Election deposit fee as indicated in the current Fees and Charges By-law".

Under this section, additional reference has been added to indicate that election signs are not to be placed on a boundary fence line or noise attenuation wall which is located on public property.

Under Election Signs on Public Property, the word “roundabout” has been added where election signs shall not be located, erected or displayed.

Under Election Signs on Private Property, the words “other than a candidate’s campaign office or personal residence” has been added to Section 4 c).

Under Timing Section, Subsections 5 a) and b), the reference to the cost of the Election Sign deposit has been changed to read “Election deposit fee as indicated in the current Fees and Charges By-law".

Under Removal of Unlawful Election Signs Section, the words “or any other individual designated by the Clerk” and “immediately without notice and/or take any further action as provided within this By-law” have been added to reflect that this responsibility does not solely rest with Municipal Law Enforcement Officers.

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Report No. CS-014-17 Enactment of a Revised Election Signs B... Page 58 of 102 Council Report April 18, 2017

4. Financial Implications:

There are no direct financial impacts with the enactment of this updated by-law.

5. Alignment with Strategic Plan:

This report is aligned with the Town’s Strategic Plan in the following manner:

3. Service Excellence & Community Engagement High quality, citizen-centred services, responsive to the needs of informed and involved citizens 3.1 Enhance teamwork and promote collaboration 3.2 Priority to core services and optimum service levels 3.6 Advance customer/client service excellence 3.7 Enhance communication with and engagement of residents and businesses

6. Attachments:

None

7. Related Reports:

None

For further information on this report, please Linda Mainprize, Manager of Municipal Law Enforcement, Position at 905-640-1910 or 1-855-642-8697 ext. 2258 or via email at [email protected]

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Report No. CS-014-17 Enactment of a Revised Election Signs B... Page 59 of 102 Approved as Addendu It m for z\::o \ l ~ counc I M tin

CAO -'llf\- ~· TOWNOFWHITCHURCH-STOUFFVILLE Date

Town of Whitchurch-Stouffville Council Memorandum

To: Mayor Altmann and Members of Council

From: Rob Raycroft, Acting CAO

Copy: Isabel Leung, Deputy Clerk

Date: April 18, 2017

Subject: Report No. FS-005-17 - 2017 Grants and Donations In-Kind First Round (F11)

Please be advised that the Addendum Item, Report No. FS-005-17 - 2017 Grants and Donations In-Kind First Round (F11 ), including Attachments #1 and #2, will be deferred the Council meeting of May 2, 2017.

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Town of Whitchurch-Stouffville Council Report Item 7

Subject: 2017 Grants and Donations In-Kind – First Round (F11)

Staff Report No. FS-005-17

Department: Finance

Date: May 2, 2017 (deferred from April 18, 2017 Council Meeting)

Recommendation:

1) That Council provide direction with respect to the 2017 Grants and Donations/in-Kind requests as presented in “Attachment 1”; and

2) That Council request that the recipients include the Town of Whitchurch- Stouffville as a sponsor of their program.

1. Purpose:

The purpose of this report is to provide Council with information and seek Council direction on applications for a Municipal Grant or Donation for 2017 by the first deadline of April 7, 2017 (for events from May to September).

2. Background:

Each year, Council reviews the requests for municipal grants and donations-in-kind. In previous years, due to the absence of a formal grants and donation procedure, Council wreviewed requests from community groups periodically throughout the year, as well as through the annual budget process. The lack of process raised a number of concerns: insufficient background information from the applicants; whether the group has received funding in previous years; the accountability of the funds being granted; and that requests may not be treated in a consistent manner as they are considered at various times of the year.

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To address these issues, Council has directed staff to work with the Special Events Advisory Committee (SEAC) to improve the review and recommendation process and report back to Council.

At the December 6th, 2016 meeting, Council passed a resolution:

1) That Council approve the one-year pilot of the “WS Community Grants Program” effective Jan 1, 2017; and 2) That Council endorse the two (2) intake periods for grant applications as follows: • 1st Deadline: Friday, Apr 7,2017 (for events from May to September) • 2nd Deadline: Friday, September 8,2017 (for events from October to April) 3) That Council direct staff to advise all community groups that have received funding in previous years about the new application process; and 4) That Council direct staff to report back by end of 2017 with a comprehensive policy for the long-term implementation of the program.

Information about the WS Community Grant Program one-year pilot as well as the grant application and application guidelines has been posted on the Town’s website.

At the Budget meeting of January 24, 2017, Council approved a number of community grants as part of the Leisure Services Budget. Consistent with past practices, services that require municipal funding to continue their operation such as the Strawberry Festival, Santa Claus Parade and Latcham Gallery have been approved through the budget process.

3. Analysis and Options:

The current amount allocated for Grants/Donations is $50,000 and $30,000 for In-Kind Donations are included in the Council section of 2017 operating budget. It should be noted that as per Council direction at the meeting of June 3, 2008, the requestors for Town grants must guarantee that the grant, and any proceeds arising from programs benefiting from grants, are to remain within Whitchurch-Stouffville. This may not fully apply to certain charity events.

The criteria for evaluating grants as stated in the pilot document and approved by Council on December 6, 2016 are as follows:

• There must be a demonstrable or potential social, economic or other benefit to the Town of Whitchurch-Stouffville, its citizens and taxpayers • It must be in keeping with any strategic goals and objectives that have been set or endorsed by Town Council • The organization must have a minimum of 75% of its membership or registrants comprised of Town of Whitchurch-Stouffville residents • The services provided are to be available to citizens in the community on an equal basis, even though they may be confined to a limited segment of the community

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• The organization submitting the request must have a track record of providing value to the community for funding received • The organization must demonstrate a reasonable effort to raise funds from sources other than the Town of Whitchurch-Stouffville • Are funds being received or requested from other levels of government i.e. the Region of York, Provincial or Federal?

The Special Events Advisory Committee (SEAC) met on April 11, 2017 to review grant/donation applications and to provide recommendations to Council. The SEAC reviewed each application relative to the guidelines above and the comments, suggestions and recommendations from the SEAC are included in the Minutes of the Committee meeting as presented in Attachment 2. These recommendations and comments are reflected below.

Staff are seeking direction from Council on the list of potential grants and donations in-kind summarized in Attachment 1.

1. Ballantrae Golf and Country Club Social Committee (BGSC) Canada 150 Celebrations, $1500: BGSC is a WS community group which has a long-standing record of supporting not-for-profit organizations and charities in the surrounding area. BGSC is requesting $1,500 to be applied towards events and celebrations planned for Canada’s 150th Birthday. This is a one–time only project planned to breakeven and is completely volunteer driven. Additional funds will be raised through corporate sponsorships and donations.

The following recommendation was resolved by SEAC:

1) THAT the Special Events Advisory Committee recommends that Council approve the grant request of $1,500.

2. Guinness Record Attempt, $5000: The Guinness Record Attempt by EMG is a one-time event to attempt to break the Guinness world record for the longest concert by multiple artists. The request is for a $5,000 grant to cover the event cost for audio and video production, marketing, and supporting the needs of volunteers. The event occurred on (date) and has raised money for 16 local charities and a local food bank drive.

The following recommendation was resolved by SEAC:

1) THAT the Special Events Advisory Committee recommends that Council approve the request to sponsor the event by contributing $5,000.00 to offset operating costs.

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3. Lemonville Group of Artists Annual Art Show, $400: Lemonville Group of Artists is a local group that offer a weekend of visual arts exhibition and opportunities for the Town and visitors to see original art produced by local artists. The group is requesting $400 to cover the expenses of the show. Many volunteers will be involved to organize the event.

The following recommendation was resolved by SEAC:

1) THAT the Special Events Advisory Committee recommends that Council approve the grant request of $400; and

2) THAT the Special Events Advisory Committee requests that the applicant include more detail in future applications and that the organization attempt to secure donations and sponsorship from other sources as well.

4. Lemonville United Church Grass Cutting, $1,000: Lemonville United Church is requesting $1,000 to assist with the expenses to cut the grass in the cemetery. The grant will ensure that the cemetery is being properly maintained and attended.

The following recommendation was resolved by SEAC:

1) THAT the Special Events Advisory Committee recommends that Council approve the grant request of $1,000 for 2017; and

2) THAT moving forward, the costs for supporting cemetery maintenance be a line item in the budget and not a grant request.

5. Stouffville Golden Years Club Canada’s 150th Birthday celebration, $430: This local seniors group is requesting $430 to cover the expenses for events during the Canada’s 150th Birthday celebration. The project is expected to help the local community to integrate and have a better understanding of Stouffville history.

The following recommendation was resolved by SEAC:

1) THAT the Special Events Advisory Committee request the grant application be returned to include further information, specifically on the financial break down for 150 Canada Day request and the date that 6240 Main Street is requested for.

Staff would like to clarify that the Golden Years currently operates as a program at 6240 Main Street every Sunday throughout the year, and do not pay any fees as they are a Town program. The Golden Years stated that the event is planned for June 18, 2017 to celebrate Canada 150 by inviting local farmers and artists to speak about their experiences in Canada, as well as Tamil dance performers. They expect to spend $300 on gifts, and $130 for decorations and refreshments, for a total of $430.

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6. Whitchurch-Stouffville Softball Association 2017 OASA Peewee Boys Provincial Championship, $1,800: WS Softball Association is hosting the 2017 OASA Peewee Boys Provincial Championship which welcomes 14-16 teams from all across Ontario. The request is for $1800 to cover the cost of diamond time. The event is expected to promote the sport of softball and healthy living in our communities’ youth.

The following recommendation was resolved by SEAC:

1) THAT the Special Events Advisory Committee recommends that the applicant clarify if fees for the baseball diamond have been paid; and

2) THAT the Special Events Advisory Committee recommends that the Town sponsor the event in the amount of $1,800 if the fees have not been paid or approve an in-kind sponsorship to waive the fees if the fees have been paid.

7. York 55+ Games, $600: York 55+ Games is a York Region seniors group with a main goal to keep seniors more active and healthy. The request for $600 is to help keep their activities running. Historically, the organization receives donations from other municipalities in York Region. The criteria to have a minimum of 75% of its membership or registrants comprised of Town of Whitchurch-Stouffville is not met (only 14%), however, there is a precedent of grant approval by the Town. The Special Events Advisory Committee was unsure how the funds would be used specifically and what benefit this would have on the citizens of Whitchurch- Stouffville.

The following recommendation was resolved by SEAC:

1) THAT the Special Events Advisory Committee recommend that Council reject the application for $600.00 on the basis that the application was not adequately completed; and

2) THAT the Special Events Advisory Committee is open to receiving another application for the next intake period that addresses these concerns.

8. 55 Plus Club Whitchurch-Stouffville, $4,431.25: 55 Plus Club WS is a seniors’ centre offering a multi-generational gathering place and is requesting $4,431.63 towards the purchase of Indoor Carpet Bowling, Darts, and Table-Tennis Equipment. Their survey of other 55+ clubs in surrounding areas shows that there is a demonstrated need for this equipment in Stouffville.

The Special Events Advisory Committee is concerned that the request could be fulfilled from a different budget within Leisure Services and the Committee was unsure if the requested equipment would be used only by the 55 Plus seniors club or if all seniors in Whitchurch-Stouffville would have access to it.

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The following recommendation was resolved by SEAC:

1) THAT the Special Events Advisory Committee recommends that the grant request be referred to Leisure Services to provide more information on funding programing for seniors and report back by before April 17, 2017.

Staff followed up and informed that renovations at 6240 Main Street begin in September 2017. The grant request for equipment is not approved by Staff because if the Town provides the requested equipment, it would become the property of the 55 Plus Club. Staff advised that when the building is completed, the Town would provide equipment that would be available for all senior groups to use as 6240 Main Street anticipates to be the new Seniors Centre. However, all the equipment provided may not be everything that was requested for by the 55 Plus Club.

9. Young Life, $5,000-$10,000: Young Life is an organization that reaches out to high school students across Canada and over 100 countries in the world using healthy adult role modelling .The main goal is to teach teenagers leadership skills to become good parents, great citizens, and great leaders in their communities. Their program in Whitchurch-Stouffville impacts 150 students and many volunteers, leaders, and parents. They are requesting $5,000-$10,000 to assist with their programs and activities.

The following recommendation was resolved by SEAC:

1) THAT the Special Events Advisory Committee recommends that Council approve the grant request to an amount no greater than $5,000 with the caveat that the money will be spent on programming and not salaries.

10. Stouffville Terry Fox Run, $1,133.87 donation and $4,924.25 in-kind: Stouffville Terry Fox Run is an annual event that welcomes all Stouffville residents to participate in a 5km walk/run to raise money for cancer research. The request is for a $1,133.87 donation to cover organization expenses and in-kind contribution of $4,924.25 for Park and Town equipment rentals, and banner fees. The foundation puts 82% of funds raised into cancer research. The event is free and accessible for the entire community and involves 80-100 volunteers.

The following recommendation was resolved by SEAC:

1) THAT the Special Events Advisory Committee recommends that Council approve the in-kind contribution of space donation, banner hanging fee, equipment rental of $4,924.15 and decline the cash request of $1,133.87 for York Region Police cost and Most Excellent Production; and

2) THAT the Special Events Advisory Committee recommends that Council request that the Town be recognized as a sponsor of the event.

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11. 100 Kids Who Care, $200 In-kind to waive rental fees: 100 Kids Who Care is a not-for profit organization with a goal to support local Stouffville charities. The request is to waive rental fees for the space required for their events on April 23rd and November 5th. The organization is volunteer driven and all expenses are paid out of pocket so that all funds raised go to the charity.

The following recommendation was resolved by SEAC:

1) THAT the Special Events Advisory Committee recommends that Council approve the value in-kind donation request to waive the $200.00 dollar rental space fee.

12. Evergreen Hospice, Taste of Stouffville, $2,680 In-kind to waive rental fees: Evergreen is a not-for-profit organization which provides community based supportive services to individuals and their families, who are living with a life- threatening illness or coping with the death of a loved one. Their request is to waive the rental fees for Memorial Park for Taste of Stouffville event on Aug 26, 2017. The event highlights local food and restaurants and encourages residents to gather and shop locally. The main funding sources for the event are sponsorships and donations.

The following recommendation was resolved by SEAC:

1) THAT the Special Events Advisory Committee recommends that Council approve the grant request of $2,680.

13. Royal Canadian Legion: Council received a request from the Royal Canadian Legion to waive road closure fees for their district convention on April 1, 2017. Due to the timing of the event, Council passed a resolution to waive road closure fees in the amount of $1,608.82 for the Royal Canadian Legion, at the March 7, 2017 Council Meeting.

4. Financial Implications:

In addition to the specific grant items included in the Town departmental budgets, an amount of $50,000 Grant money and $30,000 of In-kind donations has been approved in the 2017 Budget for other requests listed in this report for Council’s review and approval.

The total amount of the grant submissions is $21,295.50 and the in-kind donations is $7,804.25. This is within the approved budget.

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5. Alignment with Strategic Plan:

This report is aligned with the Town’s Strategic Plan in the following manner:

1. Community Prosperity and Sustainability Balanced growth, environmental protection, economic development, tourism, community character and identity

1.1 Preserve and enhance community rural/urban character, beauty and heritage 1.5 Tourism development

2. Service Excellence & Community Engagement High quality, citizen-centred services, responsive to the needs of informed and involved citizens

3.1 Enhance teamwork and promote collaboration 3.4 Promote leadership, employee and volunteer development 3.7 Enhance communication with and engagement of residents and businesses

4. Quality of Life Encompasses community safety, diversity, promoting healthy lifestyles, leisure and culture; complements community prosperity and sustainability

4.1 Develop and maintain effective community health and safety services 4.2 Enhance public safety through collaboration 4.3 Leisure and cultural development 4.4 Promote diversity, accessibility and inclusiveness 4.5 Cultivate healthier lifestyles and greener communities

6. Attachments:

1. 2017 Grant and Donations In-Kind Summary 2. Special Events Advisory Committee Meeting Minutes, Tuesday Apr 11, 2017 at 7 p.m.

7. Related Reports: None

For further information on this report, please contact Brian Parrott, Director of Finance/Treasurer at 905-640-1910 or 1-855-642-8697 ext. 2243 or via email at [email protected]

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Report FS-005-17 Attachment 1

2017 Grants and Donations In-Kind Requests- first intake-due date Apr 7th,2017

Grant Requests 2017 2016 SEAC Recommended Organization Event date Requested Approved Amount ⃰ Ballantrae Golf and Country Club Social Committee mid May-Sep/17 1,500.00 0.00 1,500.00 Guinness Record Attempt by EMG Mar 17th-Apr/17 5,000.00 0.00 5,000.00 Lemonville Group of Artists May 5-7/17 400.00 400.00 400.00 Lemonville United Church throughout the year 1,000.00 1,000.00 1,000.00 Stouffville Golden Years Club Jul 1 430.00 0.00 return application Stouffville Terry Fox Run Sep 17 1,133.87 0.00 decline Whitchurch-Stouffville Softball Association Jul 29-30 1,800.00 0.00 1,800.00 or waive fees York Region 55+ Games throughout the year 600.00 600.00 return application defer to Leisure 55 Plus Club Whitchurch-Stouffville throughout the year 4,431.63 0.00 Services Young Life throughout the year 5,000.00 5,000.00 5,000.00

Total 2017 grants requested 21,295.50

⃰ more details about SEAC recommendations to be found in Attachment 2-SEAC Meeting Minutes Apr 11,2017

Donations: In Kind Requests Page 69 of 102 2017 2016 SEAC Recommended Organization Event date Requested Approved Amount 100 Kids Who Care Apr 23 & Nov 5 200.00 0.00 200.00 Stouffville Terry Fox Run Sep 17 4,924.25 3,175.13 4,924.25 Evergreen Hospice Aug 26 2,680.00 2,601.00 2,680.00

Total 2017 donations-In-Kind requested 7,804.25

Report FS-005-17 Attachment 2

TOWN OF WHITCHURCH-STOUFFVILLE SPECIAL EVENTS ADVISORY COMMITTEE MEETING MINUTES TUESDAY, APRIL 11, 2017 7 p.m. STOUFFVILLE ROOM, MUNICIPAL OFFICES

A meeting of the Whitchurch-Stouffville Special Events Advisory Committee was held as noted above. Chair: Brandi Pickering

Present: Councillor Iain Lovatt, Anand Date, Dennis Hristovski, Janny Hogen Esch, Suba Thambithurai, Yetunde Olowokere, Julie Stevens

Regrets: David Parmer, Michael Gardner, Jaswant Dhanjal

Staff: Brian Parrott, Alia Ahmad, Matthew Powell, Joan Crosbie

1. CALL TO ORDER

2. REVIEW AND APPROVAL OF AGENDA

Moved by Suba Thambithurai Seconded by Dennis Hristovski

THAT the agenda be approved as printed.

CARRIED

3. ADOPTION OF MINUTES (March)

Moved by Anand Date Seconded by Dennis Hristovski

THAT the Special Events Advisory Committee adopt the minutes of the regular meeting in March, as circulated. CARRIED

Page 1 of 6

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4. DISCLOSURE OF PECUNIARY INTEREST

Councilor Lovatt declares a conflict of interest with respect to the grant application submitted by Young Life because he supports and actively participates with the organization.

5. DISCUSSION/DECISION ITEMS

5.1 Grants/Donations Applications Review

1. 100 Kids Who Care

Moved by Janny Hogen Esch Seconded by Suba Thambithurai

1) THAT the Special Events Advisory Committee recommends that Council approve the value in-kind donation request to waive the $200.00 dollar rental space fee.

CARRIED

2. Stouffville Terry Fox Run

Moved by Anand Date Seconded by Suba Thambithurai

2) THAT the Special Events Advisory Committee recommends that Council request that the Town be recognized as a sponsor of the event.

CARRIED

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3. York Region 55+ Games

The Committee is unsure how the funds will be used specifically and what benefit this is to the citizens of Whitchurch-Stouffville

Moved by Anand Date Seconded by Janny Hogen Esch

1) THAT the Special Events Advisory Committee recommend that Council reject the application for $600.00 on the basis that the application was not adequately completed; and

2) THAT the Special Events Advisory Committee is open to receiving another application for the next intake period that addresses these concerns.

CARRIED

4. 55 Plus Club Whitchurch-Stouffville

There are concerns that the request could be fulfilled from a different budget within Leisure services and the committee was unsure if the requested equipment will be used only by the 55 Plus seniors club or all seniors in Whitchurch- Stouffville will have access to it.

Moved by Iain Lovatt Seconded by Anand Date

CARRIED

5. Stouffville Golden Years Club

Moved by Julie Stevens Seconded by Yetunde Olowokere

CARRIED Page 3 of 6

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6. Guinness Record Attempt

Moved by Janny Hogen Esch Seconded by Dennis Hristovski

1) THAT the Special Events Advisory Committee recommends that Council approve the request to sponsor the event by contributing $5,000 to offset operating costs. CARRIED

7. Whitchuch-Stouffville Softball Association

Moved by Iain Lovatt Seconded by Julie Stevens 1) THAT the Special Events Advisory Committee recommends that the applicant clarify if fees for the baseball diamond have been paid; and

8. Lemonville Group of Artists

Moved by Anand Date Seconded by Janny Hogen Esch

1) THAT the Special Events Advisory Committee recommends that Council approve the grant request of $400; and

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9. Ballantrae Golf and Country Club Social Committee

Moved by Dennis Hristovski Seconded by Janny Hogen Esch

1) THAT the Special Events Advisory Committee recommends that Council approve the grant request of $1,500.

CARRIED

10. Lemonville United Church

Moved by Anand Date Seconded by Yetunde Olowokere

1) THAT the Special Events Advisory Committee recommends that Council approve the grant request of $1,000 for 2017; and

2) THAT moving forward, the costs for supporting cemetery maintenance be a line item in the budget and not a grant request. CARRIED

11. Young Life

Councilor Lovatt precluded from vote as per his declaration of pecuniary interest Moved by Suba Thambithurai Seconded by Dennis Hristovski

12. Evergreen Hospice

Moved by Suba Thambithurai Seconded by Yetunde Olowokere

1) THAT the Special Events Advisory Committee recommends that Council approve the grant request of $2,680.

CARRIED

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5.2 Event Applications Review

1. Stouffville Dash for Diabetes Run/Walk

The Committee received the event application for Stouffville Dash for Diabetes Run/Walk.

2. Evergreen Hospice

Moved by Suba Thambithurai Seconded by Yetunde Olowokere

1) THAT the Special Events Advisory Committee recommends that Council approve the event application.

CARRIED

6. COUNCIL CONNECTS – Councilor Lovatt

Volunteer dinner – the dinner is at the Mandarin in Markham and Anand believes it should be in Stouffville. Open a dialogue to support local business by hosting it

7. NEW BUSINESS

6.1 Update from David on 19 on the Park events

Anand shared information on the Cinderfella play at 19 on the Park

8. NEXT MEETING – Tuesday, May 9

9. MOTION TO ADJOURN

Moved by Denis Hristovski Seconded by Janny Hogen Esch

THAT there being no further business, Committee adjourn the Committee meeting at 10:18 p.m.

CARRIED

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Town of Whitchurch-Stouffville Council Report Item 8

Subject: Lifting of Holding Symbol for Subdivisions 19T (W) 11.004 and 19T (W)13.001 (Stouf Con Eight / Fieldgate and Tovtel / Geranium subdivisions) (D14)

Staff Report No. DS-012-17

Department: Development Services

Date: April 18, 2017

Recommendation:

1) That Council direct staff that prior to the lifting of the holding symbol in the Stouf Con Eight / Fieldgate (19T(W) 11.004) and/or Tovtel / Geranium subdivision (19T(W) 13.001), the Town prepare an agreement between the Town, Fairgate and Fieldgate requiring them to construct an emergency access from Bethesda Sideroad to the Fairgate draft plan of subdivision (19T(W) 11.005); and

2) That Council authorize staff to prepare the Zoning By-law and Notice of Intention to remove the Holding Symbol for the lands in Plans of Subdivision 19T(W) 11.004 (Stouf Con Eight / Fieldgate) and 19T(W) 13.001 (Tovtel / Geranium) when the Town has executed an emergency access agreement with Fairgate and Fieldgate.

1. Purpose:

The purpose of this report is to advise Council of the request from Stouf Con Eight / Fieldgate Developments Limited and Tovtel / Geranium Enterprises Inc. (the “Developers”) to lift the Holding Symbol for their draft approved plans of subdivisions, and to inform Council of the outstanding matters that need to be addressed.

2. Executive Summary:

The Town has received a request from Stouf Con Eight / Fieldgate Developments Limited and Tovtel / Geranium Enterprises Inc. to lift the Holding Symbol for all of their lands (in

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the Northwest Stouffville development area). The Holding symbol imposes conditions which must be satisfied before construction can be commenced, one of which requires the completion and commissioning of the Baker Hill Boulevard bridge structures over the East and West Branches of the Little Rouge Creek.

The bridge structure for the West branch of the Little Rouge Creek is complete and commissioned. The bridge structure for the East Branch of the Little Rouge Creek is working through the process of permits from the Minister of Natural Resources and Forestry. The permit may be issued sometime this year and construction could commence later this year or in the summer of 2018. However, the Town has no assurances as to the date such permit will be issued, and if the permit is not issued in 2017, the earliest construction could commence is July 2018.

In the interim, the Developers are asking the municipality to accept a single access point into the development, being Baker Hill Boulevard and a construction/emergency access from Automall Blvd which crosses the west branch of Little Rouge Creek.

Staff is not supportive of the Developers’ proposal. If Council wishes to permit the lifting of some the Holding Symbol over some of the Lands, Staff recommend that the lifting of the Holding Symbol occur when the Town has an executed agreement and securities with Fairgate and Fieldgate committing to the construction of an emergency access from Bethseda Sideroad into the Fairgate lands (19T(W) 11.005) prior to the occupancy of the first residential dwelling. This emergency access reduces the risk of the Fire and Emergency Services crossing a creek that can be compromised by flooding.

3. Background:

The Development Services Department has received the application fees and letters requesting the Town remove the Holding Symbol for the Plan of Subdivisions known as Stouf Con Eight / Fieldgate Development Limited (19(W)-11.004) and Tovtel / Geranium Enterprises Inc (19T(W)13.001, see attachment No 1 – Location of Subdivisions. The lifting of the Holding Symbol requires Council to adopt a Zoning By-law lifting the H symbol from the subject properties.

The Holding Symbol for the subject properties, and a Council resolution in 2014 has imposed several conditions before the Holding symbol can be removed. These conditions are:

i. Authorization to Execute a Subdivision Agreement and/or Site Plan control agreement with the Town; ii. Completion and commissioning of the Baker Bill Boulevard bridge structures over the East and West Branches of the Little Rouge Creek; iii. Satisfactory arrangements for Sanitary Sewer and Water Servicing Allocation iv. Technical verification to the satisfaction of the Town that the subject lands are not required for stormwater management purposes.

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The removal of the holding symbol for the lands owned by Stouf Con Eight / Fieldgate Development and Tovtel / Geranium Enterprises Inc. is one of many steps required prior to the registration of the plan of subdivision.

The Plan of Subdivision for Stouf Con Eight / Fieldgate Development Limited and Tovtel / Geranium Enterprises Inc. were draft approved on July 22, 2014 for a 3 year timeframe which lapses on July 2, 2017. If Final Approval is not given by the Town by July 22, 2017, the applicants must:

• apply to the Town to extend the draft approval period; or

• if the land owners/developers do not apply to extend the draft approval the drafted approval will lapse and new applications must be submitted and approved by Council.

At the drafting of this report the Town has not received an application from either of the two land owners/developers (Stouf Con Eight / Fieldgate Development Limited or Tovtel / Geranium Einterprises) to extend the draft approval period.

4. Analysis and Options:

The Analysis and Options of this report will undertake the following discussion:

• Options available to Council and staff recommended option • Confirmation the Conditions imposed by the Holding Symbol are fulfilled • Steps for Final Approval of a Subdivision • Normal Practice of other N6 municipalities on Issuance of Building Permits in Plans of Subdivisions

• Option A – Staff recommendation - Lift the Holding Symbol for the Stouf Con Eight / Fieldgate and Tovtel / Geranium Subdivision with a requirement for the construction of an emergency access to Bethseda Sideroad

• Fairgate and Fieldgate own land immediately north of the Fairgate subdivision (19T(W) 14.006) with frontage on Bethesda Sideroad. The Fairgate draft approved plan of subdivision identifies two roads dead ending at the northerly limits of their subdivision plan, see attachment 1. When the lands to the north of Fairgate subdivision develop in the future, the two dead end roads will extend into the northerly land that has road frontage on Bethesda Road.

• A safer emergency access for the island lands should be off Bethseda Sideroad to one of the proposed roads in the Fairgate draft approved plan. This access will reduce any risk of flooding since the lands are presently being farmed and there are no environmental features to cross.

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Report No. DS-012-17 Lifting of Holding Symbol for Subdivisi... Page 78 of 102 Council Report April 18, 2017

• Option B – Lift the Holding Symbol of the Stouf Con Eight / Fieldgate and Tovtel / Geranium Subdivisons Lands

• The Developers with land between Little Rouge Creek West and Little Rouge Creek East have provided a construction/emergency access road from Automall Blvd to Baker Hill Blvd, see Attachment 1. The construction/emergency access road was a previous farm crossing.

• The construction/emergency access road is constructed to support construction equipment and Fire Vehicles. The Fire Department has tested the road and it meets their structural road requirements as emergency access.

• This option places a potential burden and significant liability on the municipality if the emergency access is not accessible due to a heavy rain event and the bridge at Baker Hill Blvd and Millard Street has been compromised.

• Option C- Not lift the Holding Symbol until the easterly Baker Hill Bridge is Complete and commissioned

• This requirement has been set out in the Zoning By-law for all three subdivisions plans since July 2014. The condition was clear and concise in the Holding by-law and there is no language in the by-law which implies the Town would consider other avenues to address the completion and commissioning of the bridge. The developers have had almost 3 years to obtain their permits and complete the construction. The Town is not responsible for the Developers waiting until April 2017 to submit their required documentation to MNRF.

• The Developers had the opportunity to appeal the Zoning By-law to the Ontario Municipal Board. No appeals by any of the three land owners have occurred.

• The Baker Hill east bridge is related to growth and is included in the Town’s Development Charge By-law. The developer will receive the Development Charge funds/credits from the Town for construction of the bridge.

Confirmation Conditions of Holding Symbol are satisfied

• Conditions i, iii, and iv have been satisfied while condition ii remains outstanding. Outlined below is how the conditions have been satisfied:

• Condition i – Authorization for the Mayor and Clerk to sign the subdivision agreement was delegated to the Mayor and Clerk through amendments to the Delegation By-law at the April 4, 2017 Council meeting. The Director of Development Services and the Town Solicitor will advise the Mayor and Clerk when the subdivision agreement is satisfactory to the Town’s Solicitor for their signatures. The Town Solicitor is working with the Developers to finalize their subdivision agreements;

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Report No. DS-012-17 Lifting of Holding Symbol for Subdivisi... Page 79 of 102 Council Report April 18, 2017

• Condition iii – The Town Engineer has confirmed through memorandum dated April 12, 2017 there is sanitary sewer and water servicing allocation available for the two subdivisions (19T(W)11.004 and 19T(W)13.001);

• Condition iv –The Town Engineer has confirmed through a memorandum dated April 12, 2017 the subject lands (identified as Lots 1 to 3 on draft plan of subdivision 19T(W)11004) are not required for stormwater management purposes.

Confirmation Conditions of Holding Symbol not satisfied

• Condition ii – Completion and commissioning of the Baker Bill Boulevard bridge structures over the East and West Branches of the Little Rouge Creek

Completion and commissioning of the Baker Bill Boulevard bridge structures over the West Branch of the Little Rouge Creek has been completed to the Town’s standards;

The completion and commissioning of the Baker Hill Boulevard bridge structures over the East Branch of the Little Rouge Creek has not been completed and commissioned. The bridge for the East Branch of the Little Rouge Creek is located on Fairgate (Ninth Line) Inc. lands and identified on their plan of subdivision (19T(W)11.005). The land owner, Fairgate (Ninth Line) Inc., has made submissions to the Ministry of Natural Resources and Fisheries (MNRF) for a permit to construct the bridge across Little Rouge Creek. As of the writing of this report, Fairgate’s consultant submitted all required documents to MNRF on Tuesday, April 11, 2017. MNRF staff has committed to completing their review in 10 working days. The Town and Fairgate expect comments requiring additional submissions, or final sign off from MNRF staff by the end of April 2017.

The Minister of MNRF is required to sign and issue the permit and Town staff has been advised this generally takes 3 months. The earliest date for the construction of the eastern bridge is the beginning of August 2017. This projected date is predicated on no additional documentation or review being required by MNRF.

Construction of the Baker Hill eastern bridge will take a minimum of 6 months to construct and commission. Therefore, a second access point across Little Rouge Creek may be available in January 2018, at the earliest. Any delays in the permit from MNRF could push the construction of the bridge back by a full year.

The developers, Stouf Con Eight / Fieldgate and Tovtel / Geranium, want the Town to consider the construction/emergency access from Automall Blvd. as an appropriate and reasonable second access into their lands until the bridge over the East Branch of Little Creek is completed and commissioned.

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Report No. DS-012-17 Lifting of Holding Symbol for Subdivisi... Page 80 of 102 Council Report April 18, 2017

Additionally, Stouf Con Eight / Fieldgate, Tovtel / Geranium and Fairgate have provided an undertaking and agree to 1) To use its best commercially available efforts to secure the necessary permits and approvals for the Works towards a target completion of December 2017; 2) To undertake the Works forthwith following receipts of permits and approvals; 3) To work cooperatively to see the Works completed concurrently.

The Town Solicitor is of the opinion that “best commercially available efforts” is not a phrase which places any obligation on the Developers. This Undertaking does not appear to provide any incentive for the Developers to construct the Eastern bridge crossing once building permits have been issued. Similarly, this Undertaking provides no financial security and provides no recourse to the Town to ensure the Eastern bridge crossing is built by the Developers. While the Town recognizes that such construction is contingent on MNRF approval and the “construction window” relating to the Little Rouge Creek, without adequate financial security, or a meaningful commitment imposing consequences on the Developers for failure to achieve construction of the Eastern bridge crossing, the Undertaking as provided does not address the Legal Department’s concerns.

The Town’s Fire Chief has concerns with using the proposed construction/emergency access from Automall Blvd. His concerns are:

• The construction/emergency access crosses the Western branch of Little Rouge Creek and is susceptible to flooding; • During a heavy rain event and if the existing bridge on Baker Hill Blvd and Milliard is blocked emergency vehicles could not get into the subdivision; • This is a risk to the Corporation • An alternative emergency access point must be provided to the Town until the second bridge is completed and commissioned.

Steps required to issue Final Approval of the Plan of Subdivision for Registration

a. All conditions of draft approval have been cleared/signed off by the appropriate agency or Town Department. Each agency or Town Department provides correspondence on how the condition(s) has been satisfied; b. The Lifting of any Holding Symbol off the lands through a Zoning By-law endorsed by Council; c. M-Plan and R-Plans have been reviewed and signed off by the Town ensuring all dedication of lands, easement or restrictions are conveyed or registered on title. d. All securities and fees are received from the developer. e. Subdivision Agreement has been executed by the Developer and Town; f. Final Approval of the Plan of Subdivision is signed by the Director of Development Service.

When the steps above are completed the Plan of Subdivision can be registered at the Registry Office.

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Report No. DS-012-17 Lifting of Holding Symbol for Subdivisi... Page 81 of 102 Council Report April 18, 2017

As of the drafting of this report, the Town can confirm for the Stouf Con Eight / Fieldgate and Tovtel / Geranium Subdivisions (19T(W) 11.004 and 13.001) that only item c (M-Plan and R-Plans) have been reviewed by the Town. Confirmation for the dedication of lands, easements and restrictions are identified in the subdivisions agreement and registration documents. Both subdivision agreement and registration documents are outstanding.

Normal Practice of N6 Municipalities – Registration of Subdivision and Issuance of Building Permits

The Town has contacted other N6 Municipalities in York Region on their process for subdivision registration versus when a building permits are issued. Town staff heard back from Newmarket and East Gwillimbury and they do not issue building permits until the Plan of Subdivision is registered. The only exemption is for model homes.

This process protects the Town, Developer and purchaser from proceeding with the building of new homes without all the development approvals in place.

5. Financial Implications:

Any delays in the Stouf Con Eight / Fieldgate or Tovtel / Geranium subdivisions receiving Final approval and the registration of their plans will have an impact on the revenues forecasted by the Development Service Department for 2017.

6. Alignment with Strategic Plan: This report is aligned with the Town’s Strategic Plan in the following manner:

1. Community Prosperity and Sustainability Balanced growth, environmental protection, economic development, tourism, community character and identity 1.2 Balanced land use planning – environment, economic and social considerations 1.3 Orderly/phased development

7. Attachments:

1. Location of the draft approved subdivisions (19T(W)11.004, 19T(W)13.001 and 19T(W)11.005), and abutting lands owned by Fairgate and Fieldgate, and location of the Construction/Emergency access from Automall Blvd.

8. Related Reports:

July 22, 2014 – Report 7 – Proposed Plan of Subdivision & Zoning By-law Amendment, Stouf Con Eight / Fieldgate Developments Limited, Part of Lot 3, Concession 8, Block 1, Plan 65M-4117, Community of Stouffville, File Nos. 19T(WQ) -11.004 & ZBA11.010 (D12 & D14) • Attachment 1, Attachment 2, Attachment 3, Attachment 4, Attachment 5

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Report No. DS-012-17 Lifting of Holding Symbol for Subdivisi... Page 82 of 102 Council Report April 18, 2017

July 22, 2014 – Report 8 – Proposed Plan of Subdivision & Zoning By-law Amendment, Fairgate (ninth Line) Inc. (West of Creek), Part of Lot 3, Concession 8, Community of Stouffville File Nos. 19T(W)-11.005B & ZBA 14.006 (D12) • Attachment 1, Attachment 2, Attachment 3, Attachment 4, Attachment 5 • Addendum Memo

July 22, 2014 – Report 9 – Proposed Plan of Subdivision & Zoning By-law Amendment, Tovtel Enterprises Inc. C/O Geranium Corporation, Part of Lot 2, Concession 8, Community of Stouffville File Nos. 19T(W)-13.001 & ZBA 13.005 (D12 & D14)) • Attachment 1, Attachment 2, Attachment 3, Attachment 4, Attachment 5 • Addendum Memo

For further information on this report, please contact Mary Hall, Director of Development Services at 905-640-1910 or 1-855-642-8697 ext. 2359 or via email at [email protected]

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Report No. DS-012-17 Lifting of Holding Symbol for Subdivisi... Page 83 of 102 Report No. DS-012-17 Lifting of Holding Symbol for Subdivisi... Attachment 1 Subject Lands & Construction/Emergency Access

Ninth Line H Main Street

Norman Jones Place

Map Contents Construction & Emergency Access Page 84 of 102 Fairgate Ninth Line - 19T(W)11.005 Tovtel IV - 19T(W)13.001 StoufCon 8 - 19T(W)11.004 Fairgate & Fieldgate Future Lands

Town of Whitchurch-Stouffville 0 50 100 200 300 Subdivision Applications m File Nos.: 19T(W)13.001 Tovtel IV [ Produced By: Development Services, 2017 19T(W)11.004 StoufCon 8 © Copyright, Town of Whitchurch-Stouffville 19T(W)11.005 Fairgate Ninth Line © Copyright, The Regional Municipality of York C:\Users\jeremyh\Documents\ArcGIS\For Dave\Phase_2_NW_Subs.mxd

Council Communications Report April 18, 2017

That Council receive the following correspondence for information, with the exception of correspondence that have been deferred or listed for separate discussion:

1. Regional Clerk, Regional Municipality of York, March 24, 2017, re: Proposed York Region Development Charges Bylaw

2. Regional Clerk, Regional Municipality of York, March 24, 2017, re: 2016 Drinking Water Systems Report

3. Regional Clerk, Regional Municipality of York, March 24, 2017, re: 2017 State of the Forests in York Region

4. Regional Clerk, Regional Municipality of York, March 27, 2017, re: Connect to Innovate Broadband Funding Application

5. Regional Clerk, Regional Municipality of York, March 27, 2017, re: Economic Development – 2016 Year in Review

6. Regional Clerk, Regional Municipality of York, March 27, 2017, re: York Telecom Network Review

7. Deputy Clerk, Town of Newmarket, March 31, 2017, re: Bill 65, Safer School Zones Act, 2016

April 18 Council Communications Report York Region, re: Prop... Page 85 of 102

THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE

BY-LAW NUMBER 2017-019-FI

BEING A BY-LAW to amend fees or charges for services or activities provided by the Town of Whitchurch-Stouffville, By-law 2016-164-FI (General Fees and Charges – Schedule “F”)

WHEREAS Council enacted By-law 2016-164-FI establishing Fees and Charges for The Corporation of the Town of Whitchurch-Stouffville;

AND WHEREAS Section 391 of the Municipal Act, 2001, provides that a Municipality may pass by-laws imposing fees or charges for services;

AND WHEREAS it is deemed necessary to amend Schedule “F” of By-law 2016- 164-FI for The Corporation of the Town of Whitchurch-Stouffville.

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:

1. That Schedule “F” of By-law 2016-164-FI shall be amended by adding the highlighted columns as shown in attachment 1 to this By-law; and

2. That this by-law come into effect on the 19th of April, 2017; and

3. That, except as amended by this By-law, all provisions of By-law 2016-164-FI are and shall remain in full force and effect.

READ a first and second time this 18th of April, 2017.

READ a third time and passed this 18th of April, 2017.

Justin Altmann, Mayor

Isabel Leung, Deputy Clerk

2017-019-FI being a by-law to amend fees and charges for ser... Page 86 of 102 2017-019-FI being a by-law to amend fees and charges for ser...

TOWN OF WHITCHURCH-STOUFFVILLE FEES AND CHARGES BY-LAW NUMBER 2016-164-FI - December 20, 2016 SCHEDULE "F"

1 Site Alteration Fees, Deposits and Securities (except where exempt by By-law 2017-017-RE)

a) For Site Alterations of less than 200m³ on any one property April 4, 2017 Y

i) Application Fee Flat Fee NEW $150.00 N For sites importing between 10 - 100 m³, plus legal fees in April 4, 2017 Y (Per Application) Schedule "J" - (Due at Application Flat Fee NEW $300.00 For sites importing between 100 - 200 m³, plus legal fees in April 4, 2017 Y Submission Time) (Per Application) Schedule "J" ii) Cash Deposit Flat Fee NEW $1,000.00 10% N Deposit to cover the cost of consultants, inspections, audits April 4, 2017 Y - (Due at Application and any other application specific technical, legal and Submission) (Per Application) support services, etc. Cash Deposit Account must be replenished upon request of the Town. Peer Review and Application processing will stop if the account is exhausted. Permit Administration and oversight will stop and the Permit may be revoked if the account is exhausted. iii) Security Deposit Flat Fee per m³ of a NEW $10.00 N Letter of Credit or cash held by the Town that may be used April 4, 2017 Y - (Due at Permit Issuance) total cut and fill site at the Town’s discretion to address the failure to comply alteration volume. with an Order. The Town may access the Security Deposit (Per Application) to retain professional services or contractors to conduct work to achieve compliance with an Order made under the Site Alteration and Fill By-law. Page 87 of 102 If the Town draws upon the Security Deposit, the Owner will top up the Security Deposit upon request of the Town. iv) Municipal Service Fees - (Due at Permit Issuance) April 4, 2017 Y

Base Fee Per m³ NEW $0.50 N April 4, 2017 Y Enforcement Surcharge Fee Per m³ NEW $0.15 N April 4, 2017 Y

Infrastructure Reserve Fee Per m³ NEW $0.35 N Infrastructure Reserve Fee does not apply if all material to April 4, 2017 Y be used during the site alteration, originates from the same property and does not leave the property. v) Permit Renewal Fee Flat Fee NEW $50.00 N April 4, 2017 Y 2017-019-FI being a by-law to amend fees and charges for ser...

TOWN OF WHITCHURCH-STOUFFVILLE FEES AND CHARGES BY-LAW NUMBER 2016-164-FI - December 20, 2016 SCHEDULE "F"

b) For Site Alterations of less than 5,000 m³on any one property

Page 88 of 102 iv) Municipal Service Fees - (Due at Permit Issuance) September 9, 2014

Base Fee Per m³ $0.55 N January 1, 2017 Enforcement Surcharge Fee Per m³ $0.20 N September 9, 2014

v) Permit Renewal Fee Flat Fee $500.00 N January 1, 2017 2017-019-FI being a by-law to amend fees and charges for ser...

TOWN OF WHITCHURCH-STOUFFVILLE FEES AND CHARGES BY-LAW NUMBER 2016-164-FI - December 20, 2016 SCHEDULE "F"

c) For large site alterations of 5,000 m³ or greater on any one property

Page 89 of 102 top up the Security Deposit upon request of the Town. iv) Municipal Service Fees - (As per Terms of Agreement) September 9, 2014

3 Base Fee Per m $0.55 N January 1, 2017

3 Enforcement Surcharge Fee Per m $0.20 N January 1, 2017

3 Legacy Fee Per m $0.35 N January 1, 2017 2017-019-FI being a by-law to amend fees and charges for ser...

TOWN OF WHITCHURCH-STOUFFVILLE FEES AND CHARGES BY-LAW NUMBER 2016-164-FI - December 20, 2016 SCHEDULE "F"

v) Permit Renewal Fee Flat Fee $750.00 N January 1, 2017

2017-019-FI being a by-law to amend fees and charges for ser...

TOWN OF WHITCHURCH-STOUFFVILLE FEES AND CHARGES BY-LAW NUMBER 2016-164-FI - December 20, 2016 SCHEDULE "F"

2 Review Deposit / Fees - Legal Cost of Cost of 10% Y Cost to cover staff time, consultants, inspections, audits January 1, 2009 / Engineering / Hydrology / Service Service and any other application specific technical, legal and Geotechnical / Landscape and support services, etc. An Administration Fee of 10% will other consultant costs be applied to all Consultant Costs. Will be used for complex or large development applications and for other work beyond the technical expertise of Town staff. Deposits may be taken or topped up at the request of the Town Engineer or Designate based on the estimate. At all times there shall be a deposit of $10,000 or 3.5% of the estimated construction cost, whichever value is greater. 3 Municipal Staff Cost Recovery See See N Hourly Rate plus Corporate Administrative (overhead March 1, 2007 additional additional defined under Schedule "C", Finance). Will be used to Description Description cover staff time where other fees do not apply. 4 Residential Grading Fee Flat fee $500.00 $510.00 N January 1, 2017 Per Dwelling Unit 5 Engineering Inspections of Flat Fee $1,175.00 $1,200.00 Y Assumes 2 inspections for ICI projects only. A dditional January 1, 2017 ICI projects inspections will be carried out at a cost of $600/inspection. 6 Engineering Review Grading Flat Fee NEW $760.00 Y Assumes 2 reviews and 1 approval review by Town. January 1, 2017 and Servicing Drawings of Further review will require an additional fee of $250 / Consent Applications review. 7 Engineering Review of Flat Fee NEW $780.00 Y Assumes 2 reviews and 1 approval review by Town. January 1, 2017 Page 91 of 102 Development Agreement for Further review will require an additional fee of $260 / ICI Projects review. 8 Engineering Fee of Percentage of estimated NEW 3.50% Y To be paid with the Preservicing Agreement, Servicing January 1, 2017 Subdivision after Draft Plan construction cost Agreement or with the Subdivision Agreement, Approval whichever comes first. Town's review of drawings and agreements up to registration. Review includes: -Erosion and sediment controls; -Civil drawings and reports; -Agreements. Administration after Registration and all inspections will be paid on an hourly basis. 2017-019-FI being a by-law to amend fees and charges for ser...

TOWN OF WHITCHURCH-STOUFFVILLE FEES AND CHARGES BY-LAW NUMBER 2016-164-FI - December 20, 2016 SCHEDULE "F"

Page 92 of 102

THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE

BY-LAW NUMBER 2017-040-FI

BEING A BY-LAW to amend fees or charges for services or activities provided by the Town of Whitchurch-Stouffville, By-law 2016-164-FI (General Fees and Charges – Schedule “L” Public Works)

WHEREAS Council enacted By-law 2016-164-FI establishing Fees and Charges for The Corporation of the Town of Whitchurch-Stouffville;

AND WHEREAS Section 391 of the Municipal Act, 2001, provides that a Municipality may pass by-laws imposing fees or charges for services;

AND WHEREAS it is deemed necessary to amend Schedule “L” of By-law 2016- 164-FI for The Corporation of the Town of Whitchurch-Stouffville.

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:

1. That By-law 2016-164-FI Schedule “L”, Service Area: Public Works – Administration and Roads, shall be amended by removing Item 8, Tree Compensation:

2. That By-law 2016-164-FI Schedule “L”, Service Area: Public Works – Water/Wastewater, shall be amended by expanding the applicable property types in Item 6, iii), Use of Water – Commercial - Building to include Industrial and Institutional properties:

Goods/Services Unit of Proposed HST at Additional Provided Measure New Rates 13% Description (Before Tax) Industrial/Commercial/ per 1000 $61.70 N Based on 15 Institutional - Building sq.ft cubic metres per 1000 sq.ft. at the combined Water and Wastewater Rate.

3. That By-law 2016-164-FI Schedule “L”, Service Area: Public Works – Water/Wastewater, shall be amended by expanding the applicable property types in Item 6, iv) Use of Water – Commercial - Site Servicing to include Industrial and Institutional properties:

Goods/Services Unit of Proposed HST at Additional Provided Measure New Rates 13% Description (Before Tax) Industrial/Commercial/ per $411.30 N Based on 100 Institutional - Site Hectare cubic metres per Servicing hectare, at the combined Water and Wastewater Rate.

2017-040-FI being a by-law to amend fees or charges for serv... Page 93 of 102 By-law 2017-040-FI Page 2 of 2

4. That this by-law come into effect on the 18th of April, 2017.

READ a first and second time this 18th of April, 2017.

READ a third time and passed this 18th of April, 2017.

Justin Altmann, Mayor

Isabel Leung, Deputy Clerk

2017-040-FI being a by-law to amend fees or charges for serv... Page 94 of 102

THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE

BY-LAW NUMBER 2017-041-RE

BEING A BY-LAW to regulate Election Signs and to repeal By-law 2010-057-RE

WHEREAS section 11 (3)7 of the Municipal Act, 2001, S.O., 2001 c. 25, as amended provides that, a Council may pass a by-law for regulating structures including fences and signs;

AND WHEREAS section 99 of the Municipal Act, 2001 authorizes a municipality to pass by-laws regulating advertising devices;

AND WHEREAS section 391(1)(c) of the Municipal Act, 2001 provides that a municipality may impose fees and charges on persons for the use of its property including property under its control;

AND WHEREAS section 391(3) of the Municipal Act, 2001 provides that a municipality may impose fees and charges on persons incurred by the municipality or local board related to administration, enforcement and the establishment, acquisition and replacement of capital assets;

AND WHEREAS it is deemed advisable to have an Election Sign By-law for the Town of Whitchurch-Stouffville in order to ensure public safety on its Highways during an election period;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:

1. DEFINITIONS

a) "Arterial Roads" are Highways that constitute major routes in the network of roadways. They connect industrial and commercial centres and concentrations of residential development. (An example of an arterial road is Stouffville Road.)

b) “Campaign Office or Headquarters” means an existing building or part thereof, the use of which is provided for by the Town’s Zoning By-law, where a registered election candidate and candidate’s campaign staff are normally present and the public may enter to obtain information regarding the candidate.

c) "Candidate" means a person who is seeking election to a public office, whether for a municipal, provincial or federal election, and shall be deemed to include a person seeking to influence another person to vote for or against any question or by-law submitted to the electors under section 8 of the Municipal Elections Act, 1996. In circumstances where election signs involve referenda, or represent a political viewpoint rather than an individual, the term “candidate” as it is used in this By-law shall mean the party or group of citizens responsible for the creation of the election sign.

d) "Collector Roads" are Highways that collect traffic from Local Roads and distribute it to other Local Roads, Arterial Roads and sometimes freeways. Full access to adjacent land is usually permitted. (An example of a collector road is Millard Street.)

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e) "Daylighting Triangle" means the triangular space formed by intersecting street lines on a corner lot and a line drawn from a point on one of the street lines to a point on the other street line.

f) “Election Day” means the day on which the vote is to be taken in an election and includes those days when advance voting is held.

g) "Election Sign" means any sign or other advertising device, including, without limitation, posters, placards, bulletins, banners, notices, pictures or any combination thereof: i. Which advertises or promotes a Candidate in a federal, provincial or municipal election or by-election including an election of a local board or commissions; ii. Which promotes or relates to any federal, provincial or municipal election, including an election of a local board or commission, or iii. Which uses words, pictures or graphics or any combination thereof intended to influence persons to vote for or against any question or bylaw submitted to electors under section 8 of the Municipal Elections Act, 1996 as amended.

h) "Highway" means a common and public highway, street, roadway, avenue, gate, alley, court, crescent, boulevard, lane, trail, way, chase, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles, and shall include the area between the lateral property lines thereof, regardless of whether the travelled portion thereof extends to such property lines.

i) "Local Roads" are Highways that provide access to properties, travel over which have their origin or destination within the length of the road. (An example of a local road is Dorman Drive).

j) "Mobile Sign" means a sign designed to be capable of being readily moved from one location to another and is usually built on a trailer or other solid platform which may include wheels but shall not include a sign painted on or attached to a vehicle where the principal sole function of the vehicle is the transportation of people, goods or other materials on a regular basis.

k) "Municipal Law Enforcement Officer" means a person appointed by the Council of the Town for the purposes of enforcing Town by-laws, and for the purpose of this By-law shall include the York Regional Police.

l) "Public Property" means property owned by or under the control of the Town or any of its agencies, boards or commissions, including highways, boulevards and road allowances, and shall be deemed to include public utilities facilities, regardless of whether the poles are owned by or under the control of the Town and shall also be deemed to include buses, bus shelters, benches, municipal garbage containers or other structures, located on a highway regardless of whether the shelters, containers or structures are owned by the Town.

m) "Third Party Advertiser" means an individual, corporation, or trade union that has filed a notice of registration with the clerk to be a registered third party for the election as defined under Section 88.6 of the Municipal Elections Act, 1996, as amended.

n) "Town" means The Corporation of the Town of Whitchurch-Stouffville, or the geographic area thereof, as the context may require.

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o) “Vehicle” includes but is not limited to a motor vehicle, trailer (a vehicle that is at any time drawn upon a highway by a motor vehicle and includes an implement of husbandry, mobile home, another motor vehicle or any device or apparatus not designed to transport persons or property that is temporarily drawn or propelled), traction engine, farm tractor, road building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, motorized snow vehicle, or street car.

p) “Vehicular Sign” means a sign which is painted, mounted, or attached in any way on a vehicle as defined, and for the purpose of this definition will be deemed to be a sign when the vehicle is parked or located in a manner so as to make the sign visible from a highway for the purpose of functioning as identification, information or advertising sign and there is clear intent to use the sign for advertisement purposes.

q) “Voting place” means the entire property and all the boundaries associated with it, when such voting place is located within a public premises and shall mean all of the common elements when the voting place is located on private premises.

2. GENERAL PROHIBITIONS

a) No person shall erect, attach, place or display an Election Sign in the Town, except as permitted by this By-law.

b) No candidate or third party advertiser shall, for himself or herself, or by his or her agent, erect, install or otherwise use an Election Sign on Public Property without first filing Nomination Papers or Notice to Register with the clerk of the Town and submitting the Election deposit fee as indicated in the current Fees and Charges By-law.

c) A third party advertiser shall not promote a candidate before the candidate has filed Nomination Papers with the Clerk.

d) Election signs erected by a third party advertiser shall include the following information as per Section 88.5(1) of the Municipal Elections Act, 1996, as amended: i. the name of the registered third party; ii. the municipality where the third party is registered; and iii. a telephone number, mailing address, or email address to contact the registered party.

e) No permits are required by the Town for the erection of Election Signs in the Town.

f) This By-law shall not apply to signs erected, placed or displayed by the Town to provide information concerning the election or any part of an election process.

g) Election Signs shall not: i. Have flashing lights or rotating parts; ii. Illuminate; iii. Simulate any traffic sign, traffic signal, any other sign that directs the movement of traffic, or any official sign; iv. Use words such as "stop", "look", "one way", “danger", "yield" or any similar phrases, symbols, lights or characters in such a manner as to tend to interfere with, mislead or confuse traffic; v. Be affixed to public utility poles using nails, screws, tacks, staples, glue or wire;

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vi. Be painted on, attached to, or supported by a tree, stone or other natural object; vii. Be erected or placed so as to obstruct, impede or interfere with any fire escape, fire exit, door, window, skylight, flue, air intake or exhaust, or any means of access by fire fighters to any part of a building or a fire hydrant; viii. Be erected or placed so as to impede, hinder or prevent parking by vehicles on private or public lands, or on a Highway; ix. Display the Town's logo, crest, or seal in whole or in part; or x. Be placed on a boundary fence line or noise attenuation wall which is located on public property.

h) Mobile Signs are not permitted to be used as Election Signs.

i) No person shall deface or willfully cause damage to a lawfully erected Election Sign.

j) No person shall at any time on any election day, including those days when advance voting is held: i. Place an Election Sign, or cause an Election Sign to be placed on any premises used as a voting place for elections, or on any Highway adjacent to the voting place; or ii. Place or cause to be placed in or on a vehicle that is parked on any premises used as a voting place for elections an Election Sign that is visible from outside the vehicle.

3. ELECTION SIGNS ON PUBLIC PROPERTY

a) Election Signs are permitted on Highways but not on or within any Public Property other than Highways.

b) Election Signs shall not be located, erected or displayed: i. On any centre median, centre boulevard, roundabout or traffic island; ii. In any park or other open space owned, operated or controlled by the Town or on the adjacent Highway; iii. On any building or structure owned or operated by the Town, or on the adjacent Highway; iv. So as to obstruct, impair, impede or hinder the movement of vehicular or pedestrian traffic, or the visibility of railway crossings, warning devices and traffic signs or signals; or v. On a sidewalk.

c) Election Signs may be erected or displayed on Highways, provided that they are: i. No larger than 2.0 square metres (21.53 square feet) [for example, 5 feet by 4 feet or 6 feet by 3.5 feet or 7 feet by 3 feet]; ii. No higher than 2 metres (6.56 feet) above ground level; iii. Not located within 10 metres (32.81 feet) of another Election Sign for the same Candidate; iv. Located a minimum of 1 metre (3.28 feet) from the outer edge of a sidewalk; v. Not located within the portion of a Highway between the sidewalk and the roadway where the Highway includes a sidewalk and a roadway; vi. Located a minimum of 1 metre (3.28 feet) from the outer edge of a curb or shoulder, where there is no sidewalk;

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vii. Not placed in a daylighting Triangle within 15 metres (49.22 feet) of the point of intersection between the street lines abutting same, at an intersection between any Highway and an Arterial Road or Collector Road; viii. Not placed in a Daylighting Triangle within 8 metres (26.25 feet) of the point of intersection between the street lines abutting same, at an intersection between Local Roads; ix. Not erected or installed so as to create an unsafe obstruction or visual impairment for pedestrian or vehicular traffic; x. Not erected or installed on any utility box, planter, bench, railing, retaining wall, bridge, overpass, noise attenuation wall, light standard, waste receptacle, newspaper box, mail box, or similar object or structure which has been placed on any Highway; or xi. Not erected or installed on any post, pole or support already containing an official or authorized sign erected by the Town, The Regional Municipality of York, a Conservation Authority, or the Province of Ontario.

d) Notwithstanding Subsections 3(c) vii and viii, Election Signs may be placed closer to the point of intersection between the street lines abutting a Daylighting Triangle than specified in those Subsections, provided that such Election Signs: i. are no larger than 1.21 square metres (13.02 square feet); ii. are no higher than 1 metre (3.28 feet) above ground level; and iii. meet all other requirements of this By-law.

e) Election Signs may only be placed on a Highway adjacent to a residential property with the consent of the owner or occupant of the adjacent residential property.

f) Candidates or third party advertisers are required to complete the Election Sign register included as Schedule "A" to this By-law. Each candidate or third party advertiser shall sign the register and submit it to the Town when such candidate or third party advertiser seeks the return of his or her Election Sign deposit.

4. ELECTION SIGNS ON PRIVATE PROPERTY

Election Signs are permitted on private property:

a) Only with the consent of the owner or occupant of the property; b) Provided that the Election Sign does not interfere with the safe operation of vehicular traffic or impair the safety of pedestrians; and c) Provided that the Election Sign is not placed in or on a truck, trailer or vehicle that is parked on private property other than a candidate’s campaign office or personal residence, in a manner consistent with the use of the vehicle as a sign.

5. TIMING

a) Election Signs relating to a Municipal Election shall not be erected or displayed prior to twenty-five days before the Municipal Election. In order to prepare for the placement of Election Signs, the Candidate or his or her agent may pay the required Election deposit fee as indicated in the current Fees and Charges By-law, to the Town at any time prior to Nomination Day.

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b) Election Signs relating to a federal or provincial election shall not be erected or displayed until the day that the writ of election is issued. In order to prepare for the placement of Election Signs, the Candidate or his or her agent may pay the required Election deposit fee as indicated in the current Fees and Charges By-law, to the Town at any time prior to the issuance of the writ of election.

c) Despite Sections 5a) and 5b), Election Signs may be erected on campaign offices once the Candidate has filed his or her nomination papers and paid the required filing fee.

d) All Election Signs shall be removed no later than three (3) days following the voting day of the election for which such Election Signs were erected or installed. For the purposes of this subsection, the candidate shall be responsible for the removal of his or her Election Signs within the prescribed time frame.

6. REMOVAL OF UNLAWFUL ELECTION SIGNS

a) If any sign is erected or displayed in violation of this By-law, a Municipal Law Enforcement Officer or any other individual designated by the Clerk shall cause the sign to be removed immediately without notice and/or take any further action as provided within this By-law.

b) Any Election Signs erected or installed in violation of this By-law shall be removed under the direction of the Clerk and a $10 fee deducted from the refundable portion of the deposit. If the cost to remove a Candidate's Election Signs exceeds the deposit, the Candidate shall be liable for payment of the associated costs.

c) A candidate or third party advertiser or any person acting on his or her behalf may, at any time following the Election Day, shall retrieve the election sign. At any time after the 30th day following the election, the Town of Whitchurch-Stouffville may destroy or otherwise dispose of any election signs that have not been retrieved, without notice or compensation to any person.

7. OFFENCE

a) Any person who contravenes any provision of this By-law is guilty of an offence and upon conviction, is liable to the penalties specified by the Provincial Offences Act, as amended.

8. LIABILITY FOR DAMAGES

a) Nothing in this By-law shall be construed as relieving or limiting the responsibility or liability of any Candidate or other person who erects or owns any Election Signs for personal injury or property damage resulting from the placing of such Election Signs, or for the negligence or willful act or omission of such person, his or her agents or employees, or those for whom he or she is in law responsible, relating to the construction, erection, maintenance, repair or removal of such Election Signs.

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9. PRECEDENCE OVER ELCTION SIGN PROVISIONS IN OTHER BY-LAWS

a) In the event of a conflict between this By-law and any other Town By-law regulating signs, including Election Signs, the provisions of this By-law shall prevail.

10. SEVERABILITY

a) If any section or part of this By-law is found to be illegal or beyond the power of the Town to enact, such section or part or item shall be deemed to be severable, and all other sections or parts of this By-law shall be deemed to be separate and independent therefrom, and to have been enacted as such.

11. EFFECTIVE DATE

a) This By-law shall take effect on the date of its passage by the Town's Council

12. REPEAL

a) By-law 2010-057-RE is hereby repealed.

READ a first and second time this 18th day of April, 2017.

READ a third time and passed this 18th day of April, 2017.

Justin Altmann, Mayor

Isabel Leung, Deputy Clerk

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Schedule"A" Election Sign Register (Municipal Public Highways)

Location Sign Type Date Date (i.e.: Section of Main Street Sign Sign Size Wood Stake/ Installed Removed Initials Initials between Hwy 48 and Palmwood Quantity (L x H) in Metal Stake/ (dd-mm- (dd-mm- Gate) other yyyy) yyyy)

Confirmed by: ______Date: ______Candidate Signature

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