Operations Committee Meeting Agenda January 23, 2017 – 7:00 PM Council Chambers Whitby Municipal Building

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1. Declarations of Pecuniary Interest

2. Presentations

3. Delegations

4. Correspondence

5. Public Meetings

6. Staff Reports

6.1 Corporate Services Department Report, CS 06-17 11 - 17 Re: Repeal of Employee Computer Purchase Plan Policy

Recommendation: 1. That Council repeal the Employee Computer Purchase Plan policy effective immediately; 2. That staff with active Employee Computer Purchase Plans have until the end of their Employee Computer Purchase Plan contract to pay off the remaining funds for this loan; and, 3. That the Manager of Human Resources sends out a corporate wide communication to notify staff of the repeal of this policy.

6.2 Public Works Department and Corporate Services Department Joint Report, 18 - 22 CS 01-17 Re: Flower and Plant Material (T-554-2016 )

Recommendation: 1. That the Town of Whitby accept the low tender bid of Vermeer’s

Page 1 of 449 Operations Committee Agenda January 23, 2017 – 7:00 PM

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Greenhouse (Welland) Inc. in the amount of $25,547.75, (plus applicable taxes) for the supply and delivery of Flower and Plant Material for a one (1) year term; 2. That approval be granted for the option to extend the contract for two (2) additional one (1) year terms based on satisfactory product quality, satisfactory pricing, timely service and budget approval. For approved additional years the town reserves the right to change plant and flower species and negotiate prices; 3. That the total estimated annual contract amount of $25,997.39 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

6.3 Corporate Services Department Report, CS 02-16 23 - 24 Re: Temporary Borrowing By-law

Recommendation: That a by-law be brought forward to authorize the temporary borrowing of an amount up to Fifteen Million dollars for cash flow purposes, if required, at any one time during the calendar year 2017.

6.4 Corporate Services Department and Community and Marketing Services 25 - 29 Department Joint Report, CS 03-17 Re: Whitby Centennial Building Restoration (T-124-2016)

Recommendation: 1. That the Town of Whitby accept the low compliant tender as received from Limen Group Construction Ltd. in the amount of $446,320.00 (excluding taxes) for the exterior restoration at the Whitby Centennial Building; 2. That an over expenditure in the amount of $15,886.76 be approved and funded from the Maintenance Reserve; 3. That the total estimated project cost in the amount of $469,028.76 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

6.5 Community and Marketing Services Department and Corporate Services 30 - 35 Department Joint Report, CS 05-17 Re: Municipal Building Accessible Counters and Partition Renovations (T- 145-2016)

Recommendation: 1. That the Town of Whitby accept the low tender bid of Fresco Enterprises Inc. in the amount of $497,446.00 (which includes

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provisional items and excludes applicable taxes) for the Municipal Building Accessible Counters and Partition Renovations project; 2. That an over expenditure in the amount of $147,428.79 be approved and funded from One Time Reserves; 3. That the total estimated contract amount of $600,995.79 be approved; 4. That Fresco Enterprises Inc. be approved to complete supplementary renovations in the Municipal Building within the lower level where Human Resources and other staff are located and in the Legal Services Area, subject to the company’s performance, proposed pricing and quality being satisfactory; and, 5. That the Mayor and Clerk be authorized to execute the contract documents.

6.6 Public Works Department Report, PW 1-17 36 - 53 Re: Downtown Whitby Transportation and Pedestrian Safety Action Plan Terms of Reference

Recommendation: 1. That Report PW 1-17 be received as information; 2. That Council authorize staff to issue a Request for Proposal (see Terms of Reference in Attachment 1) for the Downtown Whitby Transportation and Pedestrian Safety Action Plan and award the project to the highest ranking compliant bidder provided such proposals are within or do not exceed by more than 10% of the budget; and, 3. That the Mayor and Clerk be authorized to sign any necessary documents.

6.7 Public Works Department Report, PW 5-17 54 - 91 Re: Fees for Services and Activities Provided and Performed by the Town of Whitby Public Works Department

Recommendation: 1. That Council approve the proposed Fees for Services and Activities provided and performed by the Public Works Department as outlined within Report PW 5-17; and, 2. That the Town Clerk be directed to bring forward a by-law to give effect to the recommendations contained in Report PW 5-17.

6.8 Public Works Department Report, PW 06-17 92 - 169 Re: Site Alteration By-law

Recommendation: 1. That Report PW 06-17 be received for information;

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2. That the Clerk be directed to bring forward a Site Alteration By-law in accordance with the recommendations contained in this report; 3. That the Commissioner of Public Works be directed to finalize and implement the Site Alteration Guidelines in accordance with the recommendations contained in this report and in the proposed Site Alteration By-law; and, 4. That the Commissioner of Public Works be provided with the delegated authority to amend the Site Alterations Guidelines from time to time.

6.9 Public Works Department Report, PW 39-16 170 - 174 Re: Neighbourhood Watch and Road Watch Partnership

Note: This item was postponed at the Council meeting of December 12, 2016

Recommendation: 1. That Council approve a two-year partnership between Neighbourhood Watch and Road Watch resulting in the Neighbourhood Watch signage being funded through the Road Watch program; 2. The staff monitor the partnership between Neighbourhood Watch and Road Watch and report back to Council, as appropriate, with any recommended updates and/or modifications; and, 3. That the Clerk be authorized to provided a copy of Report PW 39-16 to the Durham Regional Police Service Regional Neighbourhood Watch Coordinator and the Road Watch Committee.

6.10 Community and Marketing Services Department Report, CMS 01-17 175 - 190 Re: Ethno-Cultural and Diversity Advisory Committee 2016 Review and Proposed 2017 Work Plan

Recommendation: 1. That Council receive as information the Ethno-cultural and Diversity Advisory Committee of Council’s 2016 summary of activities and accomplishments; 2. That Council approve the Ethno-cultural and Diversity Advisory Committee of Council’s proposed 2017 Work Plan in principle; 3. That the Ethno-cultural and Diversity Advisory Committee of Council’s proposed budget to achieve the 2017 Work Plan be referred for Council’s consideration to the 2017 Operating Budget process; 4. That the Ethno-cultural and Diversity Advisory Committee of Council’s Terms of Reference be amended to add two appointees from the Whitby Youth Council as non-voting members; and,

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5. That the Clerk forward a copy of Community and Marketing Services Department Report CMS 01-17 to the Durham Region Local Diversity and Immigration Partnership Council.

6.11 Community and Marketing Services Department Report, CMS 02-17 191 - 196 Re: Mayor's Community Development Fund Annual Report

Recommendation: That Community and Marketing Services Department Report CMS 02-17 regarding the Mayor’s Community Development Fund be received as information.

6.12 Community and Marketing Services Department Report, CMS 03-17 197 - 202 Re: Ontario Sport and Recreation Communities Fund

Recommendation: 1. That Community and Marketing Services Department Report, CMS 03-17 pertaining to the Ontario Sport and Recreation Communities Fund from the Provincial Ministry of Tourism, Culture and Sport be received as information; and, 2. That Council authorize staff to make an application to the Ontario Sport and Recreation Communities Fund (in partnership with the Abilities Centre, the Accessibility Advisory Committee, Community Living Ontario and Grandview Children’s Centre) for an expanded Inclusion Services Program as outlined in the staff report.

6.13 Community and Marketing Services Department Report, CMS 04-17 203 - 211 Re: Vacant Town Property - 280 Water Street

Recommendation: 1. That Council support the development of the Town of Whitby industrial property located at 280 Water Street for a hotel, convention centre and restaurant (vacant property located across from Heydenshore Pavilion); 2. That staff be directed to negotiate an agreement of purchase and sale for the Town property located at 280 Water Street with the principals of the Taggar Family Trust, which would be the developer, owner and operator of the proposed hotel, convention centre and restaurant project; 3. That staff report back to Council with the draft terms of an agreement of purchase and sale; 4. That staff be directed that the land use policy and zoning provisions required to support the project be undertaken to permit the development on the property; and, 5. That staff report back on the impact of a proposed closure of

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Heydenshore Pavilion as a result of the recommended development and opportunities to accommodate programming in other municipal or external facilities.

6.14 Community and Marketing Services Department Report, CMS 05-17 212 - 220 Re: 128 Brock Street South

Recommendation: 1. That Council support the redevelopment of the municipally owned property at 128 Brock Street South (the property/building occupied by the Whitby Chamber of Commerce and Town Parking By-Law Enforcement Staff); 2. That Council endorse the redevelopment of the property for a more extensive office and commercial complex to support Council’s Goals of clearly being seen by all stakeholders to be business and investment friendly and supportive; and to leverage municipal tools and resources to generate local jobs and prosperity; 3. That Council endorse the sale and redevelopment of the property to the private sector through a process of an Expression of Interest to be administered by staff; 4. That Council direct staff to prepare the draft Terms of Reference for an Expression of Interest for the redevelopment of the property; 5. That staff report back to Council with the draft Terms of Reference for approval by the end of the first quarter 2017; and, 6. That the tender award for the exterior maintenance renovations for 128 Brock Street South not be undertaken and staff be directed to inform the general contractor that the project is cancelled.

6.15 Community and Marketing Services Department Report, CMS 06-17 221 - 224 Re: Sky Zone Trampoline Park Naming Rights Sponsorship at Iroquois Park Sports Centre

Recommendation: That Council approve the Sky Zone Trampoline Park naming rights sponsorship at Iroquois Park Sports Centre, including renaming Arena 2 to ‘Sky Zone Arena 2, under the terms and conditions identified in Community and Marketing Services Report CMS 06-17.

6.16 Office of the Town Clerk Report, CLK 01-17 225 - 233 Re: Review of Fees and Charges - Office of the Town Clerk

Recommendation: 1. That the proposed Fees and Charges for the Office of the Town Clerk outlined in Attachments 1 and 2 appended to this report, be approved; and,

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2. That the Clerk be directed to incrementally consolidate fees and charges levied by the Town into a corporate fees and charges by-law at such time as departments bring forward reviews of existing fees and charges.

6.17 Office of the Town Clerk Report, CLK 02-17 234 - 420 Re: Second Corporate Policy Review – Removal of Redundant Policies

Recommendation: 1. That Report CLK 02-17 of the Office of the Town Clerk be received for information; 2. That the following obsolete or redundant policies be rescinded:

1-0-03 Town Liability and Procedure for Compensation in the Event of a Flood 1-0-08 Public Use of Municipal Building 1-0-10 Adoption of Marigold as Town Flower and Use of Victorian Design Theme for Future Municipal Buildings 1-0-15 Liability Insurance – Council and Staff 1-1-05 Employment of Students During School Vacation Periods 1-1-06 Employment Policies for Management Personnel 1-1-07 Employment of Relatives – Management, Union and Part- time Employees 1-1-09 Employee Relationships – Whitby Fire Department 1-1-10 Benefits for Non-Union Personnel During Probationary Period 1-1-12 Rejection of Applicant for a Job Posting 1-1-14 Policy on Moving Allowance for Management Personnel 1-1-16 Policy for Councillors, Department Heads for Attendance at Conferences, Conventions and Seminars 1-1-18 Benefits for Disabled Employees (L.T.D) 1-1-21 Retaining Legal Council for Employees 1-1-28 Retirement of Municipal Employees 1-1-29 Retirement Tribute 1-3-01 Processing of Requests for Municipal Clearance under the Liquor Licence Act, 1990 1-3-03 Execution of Certain Documents and Agendas 1-3-06 Application for Registration in Land Titles – Execution of Consent and Waiver Notice 1-3-07 Special Occasion Permits – Town Approval of Community Festival and Outdoor Events 1-3-08 Temporary Closing of Roads for Street Dances 1-3-10 Liability Insurance for Special Events 1-3-11 Fund Raising Tolls – Public Highways 1-3-15 Town Appointment of Private Security Personnel as Municipal Law Enforcement Officers for the Purpose of Enforcing Parking

Page 7 of 449 Operations Committee Agenda January 23, 2017 – 7:00 PM

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Provisions on Private Property 2-2-02 Purchasing parts, Services and Goods 2-2-03 Tender Deposits 2-2-04 Use of Newspapers for Advertising 2-2-05 Awarding Tender Contracts During Summer Recess of Council 2-2-06 Involvement of Members of Council in the Tendering and Quotation Process 3-1-02 Erection of Private Building, etc., on Municipal Property 3-1-03 Location of Cenotaph 3-1-04 Mortgages Taken Back on Sale of Municipal Property 3-1-05 Development of Property Sold by the Town as a Condition of Sale 3-2-07 Circulation of Zoning and Subdivision Applications to the Local Architectural Conservation Advisory Committee (LACAC) 3-2-10 Authority to Appeal Decisions of Land Division Committee and Committee of Adjustment 3-2-12 Public Notification Policy for Applications to Amend the Existing Town of Whitby Official Plan 3-2-13 Condominium Conversion Application Under Subsection 4(1) of the Rental Housing Protection Act, 1989 3-2-17 Part Lot Control 3-3-03 Site Plan Agreements – Road Widening 3-3-04 Adequacy of Water Supply for Fire Protection Services as a Condition of Development – Dundas Street East between Anderson Street and Glen Hill Drive 3-3-06 Pre-cast Curbing in Site Plans 3-3-10 Site Plan Approvals During the Summer Recess of Council 3-4-01 Applications for Amendment to Zoning By-law 2585 and 1784 (As Amended) Information and Rules of Procedure 3-4-09 Subdivision Agreement Negotiations 3-4-10 Masonry Feature Entrance Walls in Plans of Subdivision 3-4-11 Bicycle Paths 3-4-12 Underground Cables 3-4-14 Town Assumption of Streets, Street Widening and Walkways in Plans of Subdivision 3-4-16 Length of Cul-de-Sacs in Plan of Subdivision 3-4-17 Applications for Approval of Subdivision Plans, Information and Rules of Procedure 3-4-18 Subdivision Sales Trailer/Offices 5-0-02 Cleaning Driveways of Snow 5-0-03 Energy Conservation Program – Propane Conversion 5-0-04 Ontario Provincial Standard Drawing 5-0-07 Stormwater Management – Watercourse Erosion Control 5-1-03 Apportionment of Building Permit Fees

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5-2-02 Cleaning of Basements After Storm Sewer Flooding 5-2-04 Special Events on Regional Roads 5-2-10 Storm Sewer Servicing for Properties Fronting on Storm Sewer and Street Reconstruction Projects 6-0-03 Procedure for Reporting Vandalism and Reward 6-0-05 Project Funding Policy 6-0-07 Turf Maintenance and Level of Service 6-1-02 Priority for Use of Town Facilities 6-1-06 Loss or Damage of Articles at any Parks and Recreation Facility 6-1-12 The Sale and Distribution of Food and Benerages by the Public in Town Facilities 6-1-15 Community Requests Related to Special Events Held on Town Property 6-1-16 Use of Town Owned Ice Skating Areas by the Durham Boards of Education 6-1-17 Permitting of Municipal Community Hall Facilities 6-1-18 Naming of Whitby Civic Centre 6-1-19 Outdoor Athletic Facilities (Ball Fields and Soccer Fields) 6-2-05 Parkland Development Policy 6-2-09 Pathway Lighting – Parks and Open Space Areas 6-4-03 Animal Control and Pound Policies HR 020 Employee Assistance Program 3. That the Town Clerk be authorized to give effect to the above; and, 4. That Council approve the revised Standards for Town Policies and Procedures Policy as shown in Attachment #1.

6.18 Legal and By-law Services Department Report, LS 02-17 421 - 428 Re: 2017 Legal and By-law Services Fees and Charges

Recommendation: 1. That the proposed fees and charges for services and activities provided by the Legal and By-law Services Department as outlined within Report LS 02-17 be approved; and, 2. That the Clerk be directed to bring forward the necessary documentation to give effect to the fees and charges contained in Report LS 02-17 within a consolidated fees and charges by-law.

7. New and Unfinished Business

7.1 New and Unfinished Business - Operations Committee 429 - 441

8. Adjournment

9. Advisory Committee Minutes – For Information Only

Page 9 of 449 Operations Committee Agenda January 23, 2017 – 7:00 PM

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9.1  Harbour Day Committee Minutes - November 17, 2016 442 - 449  Whitby County Town Carnival Committee Minutes - November 29, 2016  Ethno-Cultural and Diversity Advisory Committee Minutes - December 1, 2016

Page 10 of 449 Agenda Item # 6.1

Town of Whitby Report

Report to: Operations Committee Date of meeting: January 23, 2017 Department: Corporate Services Department

Report Number: CS-06-17 Report Title: Repeal of Employee Computer Purchase Plan Policy 1. Recommendation: 1. That Council repeal the Employee Computer Purchase Plan policy effective immediately; 2. That staff with active Employee Computer Purchase Plans have until the end of their Employee Computer Purchase Plan contract to pay off the remaining funds for this loan; and 3. That the Manager of Human Resources sends out a corporate wide communication to notify staff of the repeal of this policy. 2. Executive Summary: The Town of Whitby has been offering the Employee Computer Purchase Plan to staff since 1993. The Employee Computer Purchase Plan currently provides limited ongoing benefit to the Corporation and the usage by staff of this plan has had a steady and continuous decline over the past 5 years. A repeal of this policy is being requested. The repeal of the Employee Computer Purchase Plan policy was one of numerous operational opportunities identified in the Service Delivery Review that could be implemented to increase efficiency and effectiveness at the Town of Whitby.

3. Origin: The Clerk has been reviewing all corporate policies to determine which policies are no longer required. The Employee Computer Purchase Plan policy was one of the policies identified by the Clerk to be reviewed and possibly repealed. The Service Delivery Review project also identified the elimination of the Employee Computer Purchase Plan as one of the opportunities for increasing efficiency and effectiveness as the conditions set forth in the policy are no longer valid.

Report to: Operations Committee Report number: CS-06-17 Page 1 of 4

Page 11 of 449 Agenda Item # 6.1

4. Background: In 1993, the Town of Whitby started to deploy computers on staff workstations. These devices were part of the technology advancement that was being undertaken by the Town to enhance services and provide efficiencies. At that point in time, very few staff had or could afford a computer at home. Computers were new to the majority of staff who had little or no computer skills. The goal of the Employee Computer Purchase Plan was to provide an affordable method for employee to acquire computer equipment. The thought was that employees who had a personal computer would learn and practice computer skills in the home environment on their own time. These new skills would be transferable to the workplace and would help reduce staff training requirements at work. The program was successful and numerous employees since 1993 have taken advantage of this program. The Town did receive benefit from this policy, as it reduced the amount of time and related costs required to teach staff how to operate a computer and increased user efficiency. Staff learned on their own time basic computer skills such as using a mouse, navigating Windows and saving files.

5. Discussion/Options: Today’s work environment is drastically different than it was in 1993. In 2017, Staff has a significant amount of core computer skills as computers are used daily in most facets of their lives. The relative cost of computers has significantly decreased over time and interest rates have dramatically declined making the personal purchase of these devices possible without employer assistance. The essence of the original Employee Computer Purchase Plan policy is no longer valid. A review of this Employee Computer Purchase Plan policy has been completed and the results show a declining usage trend for this program. It is anticipated that the decline in usage of this program is likely a result of various factors including the significant decrease in technology costs, that staff already have computers at their homes and the fact that the majority of staff already have core computer skills. The elimination of this policy is expected to free up staff time from Human Resources, Information Systems and Accounts Payable who are involved in the Employee Computer Purchase Plan process to work on higher priority tasks and the delivery of other services.

Report to: Operations Committee Report number: CS-06-17 Page 2 of 4

Page 12 of 449 Agenda Item # 6.1

In the spirit of the Service Delivery Review project, staff continues to look for ways to improve efficiency. The Employee Computer Purchase Plan does not provide the same value to the corporation today as it did when it was originally created due to the change in employee skills and economic conditions in today’s marketplace. While it doesn’t take a significant amount of time in any one area, each application does require multiple staff in multiple departments to complete the process. A repeal of the Employee Computer Purchase Plan policy is being recommended.

6. Public Communications/Plan: The Manager of Human Resources will communicate to staff the decision to repeal the Employee Computer Purchase Plan policy.

7. Considerations: 7.1. Public There is no expected public implication as this is an internal policy.

7.2. Financial Minor positive financial impact is expected with the elimination of this policy due to the reduction of time spent on processing Employee Computer Purchase Plan applications.

7.3. Impact on and input from other Departments/Sources The Service Delivery Review committee identified this as an opportunity to eliminate unnecessary services that can be done quickly to provide improved efficiency. The Manager of Human Resources has been consulted and supports the repeal of the Employee Computer Purchase Plan policy.

7.4. Corporate and/or Department Strategic Priorities The elimination of this policy aligns with the following Council 2014-2018 Goals:

• To continue the Whitby tradition of responsible financial management and respect for taxpayers; and to understand the importance of affordability to a healthy, balanced community

• To strive to continuously improve the effectiveness and efficiency of service delivery.

Report to: Operations Committee Report number: CS-06-17 Page 3 of 4

Page 13 of 449 Agenda Item # 6.1

8. Summary and Conclusion: That Council repeal the Employee Computer Purchase Plan policy as the value and necessity of this plan is no longer applicable. The elimination of this policy will enable staff to focus on the delivery of other core services.

9. Attachments: Employee Computer Purchase Plan Policy

For further information contact: Ken Nix, Commissioner of Corporate Services, x4314

Original Approved and Signed.

Ken Nix, Commissioner of Corporate Services, x4314

Original Approved and Signed.

Doug Barnes, Interim Chief Administrative Officer, x2211

Report to: Operations Committee Report number: CS-06-17 Page 4 of 4

Page 14 of 449 Agenda Item # 6.1

TIIE CORFORATION OF TIIE TOWN OF WHITBY

PERSONNEL POLICY AND PROCEDTJRE

SUBJECT: EMPLOYEE COMPUTER PURCHASE PLAN

DATE ADOPTED: Council - September 13, 1993

RECOMMENDATION FROM: Treasurer

PURPOSE:

To provide a benefit to staff which may assist in their acquiring desired equipment and enhance the level of computer literacy among Town of Whitby staff.

PROCEDURE:

A1l regular, full-time employees who have completed their probationary period are eligible to participate in the Plan.

Purchases of ha¡dware from the employee's choice of vendor must be IBM compatible; however, there is no reshiction on software with the exception of 'games' to a maximum of $3,500 (including taxes) and a minimum of $500.

The loan must be repaid by equal payro[ deductions over the term selected (up to two (2) years.) Partial payments will be permitted and a full paymetrt of the loan balance can be made at any time. ln the event of a læave of Absence t¡r'ithout Pay (i.e. Maternity l-eave or long term illnesses), the employee is to provide the Town of Whitby with postdated cheques. However, if the employee leaves the Town of lVhitby, the loan is due immediately and payable in full.

The Town of \ryhitby reserves the right !o approve or reject any ap'plication.

Subsequent applicable interest free loans will be available, on the same terms and conditions, provided the employee has fully re-paid any ea¡lier loans from the Town on a timely basis.

110048

Page 15 of 449 Agenda Item # 6.1

An 'Equivalent' int€rest charge will be reported annually on the employee's T-4 slip as a taxable benefit and included in taxable eamings. It will be calculated according to rates prescribed by Revenue Canada on the outsanding loan balance.

How to Apply For an Employee Computer Purchase I¡an

1. Employee submits, to the Manager of Information Systems, a signed Application for Funding, and a detailed purchase invoice, with fr¡ll description and cost of the items to be purchased.

2. Following review of the Invoice for compliance, the manager of Information Systems will provide the appropriate recommendation to the Administrator. Upon approval by the Administrator, the Personnel Oepatment will prepare the I¡an Agreement and Promissory Note, in accordance with the information set out in the Application for Funding, and send these documents to the employee.

3. The employee signs (including the signature ofa witness), daæs and submits the I-oan Agreement and Promissory Note to the Pe¡sonnel Department.

4. Town prepares a cheque made payable, jointly, to the employee and the suppliers.

A Computer Pu¡chase Plan provides an affordable method for employee to acquire computer equipment. The employee would then be able to learn and put in pr¿ctic€ computer literate skills in the home environment, after hours. Many of these acquired skills çpuld ths¡ be applied on a day+o-day basis, within the work environment, reducing the requirement for the Town of provide some types of computer taining.

Wm. H. Wallace, Administrator

110048. I

Page 16 of 449 Agenda Item # 6.1

TOWN OF WHITBY

EMPLOYEE COMPUTER PURCHASE PI.AN

APPLICATION FOR FUNDING

NAME:

EMPIOYEE #:

DEPARTMENT:

EXIENSION:

\. "} AMOTJNT OF LOAN REQI,]ESTED:

REPAYMENT TERM (TJP TO 2 YEARS):

D 6 months

O lyear tr Other (not to exceed 2 yrs.)

tl 18 nonths

tr 24 months

Date

110048.2

Page 17 of 449 Agenda Item # 6.2

Town of Whitby Report

Report to: Operations Committee Date of meeting: January 23, 2017 Department: Public Works Department Corporate Services Department Report Number: CS 01-17 File Number(s): T-554-2016

Report Title: Flower and Plant Material 1. Recommendation: 1. That the Town of Whitby accept the low tender bid of Vermeer’s Greenhouse (Welland) Inc. in the amount of $25,547.75, (plus applicable taxes) for the supply and delivery of Flower and Plant Material for a one (1) year term; and,

2. That approval be granted for the option to extend the contract for two (2) additional one (1) year terms based on satisfactory product quality, satisfactory pricing, timely service and budget approval. For approved additional years the town reserves the right to change plant and flower species and negotiate prices; and,

3. That the total estimated annual contract amount of $25,997.39 be approved; and,

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

2. Executive Summary: A tender was issued for the provision of the supply and delivery of flower and plant material. The tender closed on Friday, November 18, 2016 and four (4) bids were received. The Tender provides for a one (1) year seasonal contract term. The initial term of the contract is expected to commence on award and end May 23, 2017. The Town reserves the right to extend this contract on an annual basis thereafter for up to two (2) additional one (1) year terms provided the Company’s annual

Report to: Operations Committee Report number: CS 01-17 Page 1 of 5

Page 18 of 449 Agenda Item # 6.2

performance, product quality, and pricing is satisfactory and will be subject to budget approval. The Town reserves the right to change plant and flower species in approved additional years. For any changes the town reserves the right to negotiate prices with the successful bidder. Staff have reviewed the four (4) bids received for the aforementioned tender and recommends the acceptance of the low compliant bid as received from Vermeer’s Greenhouse (Welland) Inc. The bid as submitted by Vermeer’s Greenhouse (Welland) Inc. meets all of the specifications as outlined in the tender. References have been checked and all are favourable. The contract is open for a period of 120 days after the closing date of Friday, November 18, 2016.

4. Background: Horticultural staff in the Public Works Department design, plant and maintain approximately 190,000 square feet of flower and shrub beds annually. Just over 21,000 square feet of these gardens are planted with annual plants that provide innovative, colourful and creative floral displays from May to October each year. Gardens are located in parks, around Town facilities, and on boulevards throughout the Town, welcoming visitors and residents to our waterfront, our greenspaces, our buildings and our sports facilities, and providing floral displays and backdrops at buildings and parks permitted for special occasions and functions. As the Town of Whitby does not maintain its own greenhouse, annual plants must be purchased each year from a grower. This project involves the supply and delivery of this flower and plant material each spring, which will then be planted and maintained by Town of Whitby horticultural staff.

5. Discussion/Options: Bids for this tender were received until 2:00:00 P.M. Friday, November 18, 2016. The tender was advertised in the Whitby This Week newspaper, Biddingo and Bids and Tenders. Bidders were able to bid on Section A – Annual Plant Material in its entirety, Section B – Potted Plant Material in its entirety or both sections. The intention of the Town is to award the Tender on the basis of the lowest compliant bid for each section, reserving the right to award the Tender based on the lowest compliant

Report to: Operations Committee Report number: CS 01-17 Page 2 of 5

Page 19 of 449 Agenda Item # 6.2

combined total of all sections taking into account the anticipated reduced administration costs of doing so. Based on the provision for the supply and delivery of flower and plant material the following compliant bids were received:

Bidder Tender Amount

Vermeer’s Greenhouse (Welland) Inc. Section A $2,925.00 Section B *$22,622.75 Total $25,547.75

Little Village Garden Centre Section A $3,480.00 Section B $25,311.60 Total $28,791.60

Vandermeer Nursery Ltd Section A *$4,703.00 Section B *$27,706.22 Total $32,409.22

Otter Greenhouses Section A *$4,584.00 Section B $28,829.50 Total $33,413.50

*Denotes corrected bid total

6. Public Communications/Plan: N/A

7. Considerations: 7.1. Public N/A

Report to: Operations Committee Report number: CS 01-17 Page 3 of 5

Page 20 of 449 Agenda Item # 6.2

7.2. Financial

Estimated Project Breakdown Amount

Tender Amount $25,547.75

HST $3,321.21

Total Contract Amount $28,868.96

Rebate ($2,871.57)

Estimated Total Annual Contract $25,997.39 Amount

The total estimated annual contract amount of $25,997.39 is provided for in the 2017 operating budget. Sufficient funding for annual supply and delivery of flower and plant material will be included in future operating budgets.

7.3. Impact on and input from other Departments/Sources Public Works and Corporate Services worked jointly throughout the tendering process in preparation of this report.

7.4. Corporate and/or Department Strategic Priorities Council Goal #3: To continue the Whitby tradition of responsible financial management and respect for taxpayers; and to understand the importance of affordability to a healthy, balanced community. Council Goal #4: To ensure Whitby is clearly seen by all stakeholders to be business- and investment- friendly and supportive; and to strive to continuously improve the effectiveness and efficiency of service delivery. Council Goal #8: To become the destination of choice for visitors from across Durham Region and the Greater Toronto Area; to realize the economic and social potential of our downtowns, waterfront and green spaces in developing local tourism; and to create more things to do and places to enjoy.

Report to: Operations Committee Report number: CS 01-17 Page 4 of 5

Page 21 of 449 Agenda Item # 6.2

It is recommended that the Town of Whitby accept the low compliant tender bid of Vermeer’s Greenhouse (Welland) Inc. for the supply and delivery of flower and plant material.

9. Attachments: N/A For further information contact: Jennifer Smith, Superintendent of Operational Services (Parks), Ext 4336 James Addorisio, Senior Buyer Ext 2237

Original Approved and Signed.

Suzanne Beale, Commissioner of Public Works, Ext 4311

Original Approved and Signed.

Ken Nix, Commissioner of Corporate Services/Treasurer, Ext 4314

Original Approved and Signed.

Doug Barnes, Interim Chief Administrative Officer, Ext 2211

Report to: Operations Committee Report number: CS 01-17 Page 5 of 5

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Town of Whitby Report

Report to: Operations Committee Date of meeting: January 23, 2017 Department: Corporate Services Department

Report Number: CS 02-17 File Number(s):

Report Title: Temporary Borrowing By-law 1. Recommendation: 1. That a By-law be brought forward to authorize the temporary borrowing of an amount up to Fifteen Million dollars for cash flow purposes, if required, at any one time during the calendar year 2017. 2. Executive Summary: The Town of Whitby annually passes a By-law to authorize temporary borrowing requirements. These borrowings may be required to cover expenses incurred early in the year until the first tax installment is received and late in the year due to uncollected receivables.

3. Origin: Section 407(1) of the Municipal Act, 2001 states that a municipality may authorize temporary borrowing, at any time during a fiscal year, until the taxes are collected and other revenues are received. In the event that it is necessary to temporarily borrow funds, they would be borrowed from Town reserve funds. The interest rate paid to the reserve funds is equivalent to that paid by a similar investment through approved financial institutions. The Town did not need to temporarily borrow funds in 2016. The last time the Town borrowed from reserve funds was in 2010 in the amount of $7 Million.

4. Background: N/A

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5. Discussion/Options: N/A

6. Public Communications/Plan: N/A

7. Considerations: 7.1. Public N/A

7.2. Financial The cost to borrow funds in 2017, if necessary, will be funded from Reserves, if funding is not available in Operating Budget savings.

7.3. Impact on and input from other Departments/Sources N/A

7.4. Corporate and/or Department Strategic Priorities N/A

8. Summary and Conclusion: N/A

9. Attachments: N/A For further information contact: Nelson Tellis, Manager of Treasury Services, x 2231

Original Approved and Signed.

Ken Nix, Commissioner of Corporate Services/Treasurer, x 4314

Original Approved and Signed.

Doug Barnes, Interim Chief Administrative Officer, x2211

Report to: Operations Committee Report number: CS 02-17 Page 2 of 2

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Town of Whitby Report

Report to: Operations Committee Date of meeting: January 23, 2017 Department: Corporate Services Department Community and Marketing Services Department Report Number: CS 03-17 File Number(s): T-124-2016

Report Title: Whitby Centennial Building Restoration Recommendation: 1. That the Town of Whitby accept the low compliant tender as received from Limen Group Construction Ltd. in the amount of $446,320.00 (excluding taxes) for the exterior restoration at the Whitby Centennial Building;

2. That an over expenditure in the amount of $15,886.76 be approved and funded from the Maintenance Reserve;

3. That the total estimated project cost in the amount of $469,028.76 be approved; and,

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

Executive Summary: The tender provides for all labour, material and equipment necessary to complete the exterior wall restoration at the Whitby Centennial Building. Staff reviewed the eight (8) bids received for the aforementioned tender. One bid was deemed non-compliant as it did not meet the mandatory bid submission requirements. Staff recommend the acceptance of the low bid received from Limen Group Construction Ltd. as their bid meets all of the specifications outlined in the tender. Staff is satisfied with the references and qualifications of the company. The expected start date for this contract would be March 1, 2017 with a contract completion date of June 30, 2017.

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Origin: The Town of Whitby’s Purchasing Policy states that goods and services with an estimated total purchase price greater than $50,000.00 must be issued as a Tender (or Request for Proposal) and is subject to Council approval.

Background: The Centennial Building was designated as being of architectural and historical interest by the Town of Whitby under part IV of the Ontario Heritage Act. Further the property and building is subject to a heritage easement with the Ontario Heritage Foundation. The structure has advanced localized areas of severe deterioration in many locations of the sandstone pediment. Appropriate remedial preservation needs to be done to correct further deterioration of the structural wall elements to prevent potential safety concerns. A heritage structural engineer has undertaken an assessment of the exterior building conditions and an estimated cost to repair and restore the pediment was established to be $500,000. Council approved and authorized Staff to submit an application for funding to the Canada 150 Community Infrastructure Program in Report CMS 32-15 for the Whitby Centennial Building Repair and Restoration project. The Whitby Centennial Building project was awarded $250,000 in funding through the Canada 150 Community Infrastructure Program to assist with the cost to repair, restore and preserve the building. A request for proposal was issued to invite qualified consulting firms to submit proposals to complete an investigation of the Whitby Centennial Building and prepare a full scope of work to repair, restore, and preserve the building and character of the property protected by an Ontario Heritage Trust conservation easement. Council approved Spencer R. Higgins, Architect Inc. as the heritage consultants to provide the bid documents, drawings and specifications to restore the Whitby Centennial Building. Staff completed reference checks to verify Limen Group Construction Ltd. met the qualifications and quality of work outlined in the tender.

Discussion/Options: Bids for this tender were received until 2:00:00 P.M. November 10, 2016. The tender was advertised in the Whitby This Week newspaper, on the Ontario Public Buyers Association website and on Bids and Tenders.

Based on the provision of all labour, materials and equipment necessary to complete the Whitby Centennial Building restoration project, the following bids were received:

Bidder Tender Amount Limen Group Construction Ltd. $446,320.00*

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BRC Restoration Inc. $466,556.00 Heritage Restoration Inc. $500,803.00 B.A. Construction & Restoration $522,900.00 Inc. Roof Tile Management Inc. $523,065.00 Clifford Restoration Ltd. $592,542.00 1214592 Ontario Limited o/a $848,670.61 Colonial Building Restoration * Denotes corrected amount Based on the review of the tender bids and reference checks, it is recommended this contract be awarded to Limen Group Construction Ltd. The contract is open for a period of ninety (90) days from the tender closing date of November 10, 2016.

Public Communications/Plan: The Whitby Centennial Building is a key institutional building of the Werden’s Heritage Conservation District Plan Study. This building is a focal point of the district. The character of not only the Whitby Centennial Building but the surrounding historic homes that were built by individuals including lawyers, judges and clerks that worked at the former courthouse will be protected and will contribute to this important historic area. The restoration project will be promoted by the Town and LACAC, through the Town’s website, social media platforms and The Whitby Perspective.

Considerations: Public The Canada 150 Community Infrastructure Program is part of Canada 150 Celebrates, the Government of Canada's celebration of our country's 150th anniversary. Through investments in community infrastructure, the Government of Canada will invest in projects that celebrate our shared heritage, create jobs, and improve the quality of life for Canadians. This capital project benefits the community and provides some economic stimulus through construction jobs and materials and services to complete the work.

Financial Financial Project Breakdown Amount Tender Amount $446,320.00 HST $58,021.60 Total Contract Amount $504,341.60 Rebate ($58,021.60) Total Cost $446,320.00

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Contingency $22,708.76 Total Project Cost $469,028.76 The total budget for the project is $550,782.00. An approved amount of $250,000 will be funded through the Canada 150 Community Infrastructure Program. The remaining costs are funded from the Maintenance Reserve in the amount of $300,782. The total cost approved for the consultant services was $97,640.00 of which 50% is funded from the Maintenance Reserve and 50% from the Federal Government. The remainder of the budget will be spent on the work to repair, restore and preserve the existing heritage designated exterior stone and brick masonry walls of the Whitby Centennial Building. The total estimated cost of $566,668.76, which includes the consultant fees and construction costs, is not within the funding of $550,782.00 available for this work in the Capital budget. Staff is requesting an over expenditure in the amount of $15,886.76 to be funded from the Maintenance Reserve.

Impact On and Input from Other Departments/Sources The Community and marketing Services Department and Corporate Services Departments worked jointly throughout the tendering process and throughout the preparation of this report.

Corporate and/or Department Strategic Priorities The staff report is consistent with Council Goals as follows: To ensure Whitby is clearly seen by all stakeholders to be business and investment friendly and supportive; and to strive to continuously improve the effectiveness and efficiency of service delivery.

Summary and Conclusion: It is the existing policy of the Town of Whitby to accept the low tender, provided the bid meets the specifications, provided the low bidder is capable of performing the required work, subject to requisite approvals and subject to the approval of Council.

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Attachments: N/A For further information contact: Deanna Young, Facilities Manager Capital Projects, x7137 Kellie Dickson, Senior Buyer, x2438

Original Approved and Signed.

Peter LeBel, Commissioner of Community and Marketing Services, x4311

Original Approved and Signed.

Ken Nix, Commissioner of Corporate Services/Treasurer, x4314

Original Approved and Signed.

Doug Barnes, Interim Chief Administrative Officer, x2211

Report to: Operations Committee Report number: CS 03-17 Page 5 of 5

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Town of Whitby Report

Report to: Operations Committee Date of meeting: January 23, 2017 Department: Community and Marketing Services Department Corporate Services Department Report Number: CS 05-17 File Number(s): T-145-2016

Report Title: Municipal Building Accessible Counters and Partition Renovations 1. Recommendation: 1. That the Town of Whitby accept the low tender bid of Fresco Enterprises Inc. in the amount of $497,446.00 (which includes provisional items and excludes applicable taxes) for the Municipal Building Accessible Counters and Partition Renovations project;

2. That an over expenditure in the amount of $147,428.79 be approved and funded from One Time Reserves;

3. That the total estimated contract amount of $600,995.79 be approved; 4. That Fresco Enterprises Inc. be approved to complete supplementary renovations in the Municipal Building within the lower level where Human Resources and other staff are located and in the Legal Services Area, subject to the company’s performance, proposed pricing and quality being satisfactory; and,

5. That the Mayor and Clerk be authorized to execute the contract documents. 2. Executive Summary: A tender was issued for the removal and new installation of accessible counters and new secure partitions and doors at the entrances to all departments (Planning Area, Engineering Area, Human Resource Services Area, Tax, Clerks and Purchasing Area, Building Department Area and Municipal Information Systems Area) at the Municipal Building. The tender closed on Monday, December 5, 2016 and five (5) bids were received.

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Page 30 of 449 Agenda Item # 6.5

Staff reviewed the five (5) bids received for the above mentioned tender. Two (2) bids were deemed non-compliant as they did not meet the mandatory bid submission requirements. Staff recommends the acceptance of the low compliant bid received from Fresco Enterprises Inc. as their bid meets all of the specifications as outlined in the tender. Staff is satisfied with the references and qualifications of the company. The contract is open for a period of 120 days after the closing date of Monday, December 5, 2016.

3. Origin: The Town of Whitby’s Purchasing Policy states that goods and services with an estimated total purchase price greater than $50,000.00 must be issued as a Request for Tender (or Request for Proposal) and are subject to Council approval. The proposed safety and security measures are in response to ongoing concerns raised by staff and the Town’s Joint Health and Safety Committee pertaining to the security of employees that work at the Municipal Building. Mandatory health and safety training of staff carried out in 2014/15 indicated the number one concern of staff is the security at the Municipal Building. The Occupational Health and Safety Act requires employers to take every precaution reasonable in the circumstances for the protection of a worker. This is the duty of care clause also known as due diligence.

4. Background: Council approved the proposed security and safety measures for the Whitby Municipal Building as outlined in staff report CMS 12-16. The renovations tendered provide for a controlled access door and security screens for each of the Municipal Building department entrances. Also included in the design is the installation of accessible counters to improve customer service and meet the Town’s accessibility standard and the provincial AODA legislation. The controlled access doors would be glass, similar in design to the glass door that accesses the Mayor and Council office space. The doors would open (entering in) with proximity access cards, while no access card would be required to exit. A controlled access door would also be installed to the staff washrooms and lounge area on the main level. Security measures already exist to some extent within the Municipal Building. Video surveillance cameras, silent alarm and security screens are in place at various locations within the Municipal Building, but there are gaps. Cameras and silent alarms are not deterrents for personal threats toward staff, to theft of assets, or vandalism. However security measures such as controlled access to areas where employees work, and security measures such as screens to prevent a non- staff person to access departments or areas of the Municipal Building after-hours, would help to prevent and deter the potential of physical assaults to staff, the possibility of the space being vandalized, and reduce/eliminate personal/Town property being stolen.

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When the offices/departments are closed to serve the public, safety screens would be drawn after business hours to prevent access into the departments. This is to address potential problems that could arise when the public has access to the building after hours for meetings of Council, Public Information Centres, etc. The approach would allow for continued access for employees during non-business hours when the screens are in place, but not permit access by the public. Security screens are proposed for the Planning and Development Department customer counter, Public Works Department customer counter, Human Resource Services customer counter and the Building Division customer counter. There is not a security screen placed at the Tax/Clerks’ counter located in the main lobby. The reasoning is that this area has security located at the top of the ramp when the building is open to the public after hours, and the security person/guard can provide oversight to the counter and Tax/Clerks’/Corporate Services area. There is of course some risk that if the security guard needed to respond to an incident that drew them away from the main level/lobby, or when the security guard conducts regular building scans, then an individual(s) could possibly jump over the counter, although that would not be easily accomplished. If there is a need to place a security screen at the Tax/Clerk’s counter, this could be constructed and installed at a later time. Not installing a security screen at the Tax/Clerks’ counter would keep the main lobby ‘visually open’. Under the AODA (Integrated Accessibility Standards) legislation, organizations such as the Town of Whitby are required to provide an accessible service counter that accommodates a mobility aid, such as for a person who is seated in a wheel chair; therefore all customer service counters will be adjusted as part of this renovation to accommodate the new customer service accessibility standard.

5. Discussion/Options: Bids for this tender were received until 2:00:00 P.M. Monday, December 5, 2016. The tender was advertised in the Whitby This Week newspaper, Biddingo and Bids and Tenders. Based on the provision for all labour, materials and equipment necessary to complete the Town Hall counters and partition renovations the following compliant bids were received:

Bidder Tender Amount

Fresco Enterprises Inc. *$497,446.00

Silver Birch Contracting Ltd. *$554,080.72

Century Group Inc. *$766,134.18

*Denotes corrected bid total

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Since the tender was issued for the service counters and additional security measures, staff has reviewed further renovations to address deficiencies in a number of other areas within the Municipal Building. Staff is recommending supplementary renovations for Human Resource Services and Legal Services. On the lower level where the Community and Marketing Services Department was previously located is Human Resource Services, two Public Works staff, one Corporate Services staff, one staff of the CAO Office, one staff of MIS and the First Attendance Parking Ticket Review personnel. Human Resource Services requires dedicated confidential office space. To accommodate this, facilities staff has redesigned the lower level to place a demising wall about halfway through that lower level area which would have HR Services on one side of the demising wall and all other staff on the other side. Office space would also being created in that lower area for corporate communications. In Legal Services, the solicitor’s office will be split into two offices. Staff is reviewing some needs in other areas and there may be tweaks to accommodate personnel in other sections/divisions. Staff is not recommending the delay of the tender award for the renovations to the service counters and security measures. These are a high priority and need to be completed and work not delayed.

6. Public Communications/Plan: N/A

7. Considerations: 7.1. Public N/A

7.2. Financial

Estimated Project Breakdown Amount

Tender Amount $497,446.00

HST $64,667.98

Total Contract Amount $562,113.98

Rebate ($55,912.93)

Total Cost $506,201.05

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Consultant fee (completed) $31,414.00

Camera Installation (completed) $33,380.74

Contingency $30,000.00

Total Project Cost $600,995.79

The estimated project cost of the renovations is $600,995.79. An amount of $453,567.00 has been identified in the capital budget for the Municipal Building project. Staff is requesting an over expenditure in the amount of $147,428.79 be funded from One Time Reserves. There is a premium for the construction as the work needs to be completed during the evenings and on weekends. This is necessary in order to avoid disruptions to the services provided by staff to residents and customers during the day time hours. This requires the general contractor and the trades to mobilize daily, which adds time to the project and expense.

7.3. Impact on and input from other Departments/Sources The Community and Marketing Services and Corporate Services Departments worked jointly throughout the tendering process in preparation of this report. A copy of Community and Marketing Services Department Report CMS 12-16 and the minutes of the Operations and Council meetings were provided to the Town’s Joint Health and Safety Committee.

7.4. Corporate and/or Department Strategic Priorities The proposed project is consistent with Council Goals as follows: 2. To make workplace morale a priority by building a collaborative and creative work environment that engages the ability of all staff members to solve problems, accomplish new things and deliver the best outcomes to residents. 3. To ensure the Whitby tradition of responsible financial management and respect for taxpayers; and to understand the importance of affordability to a healthy balanced community.

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8. Summary and Conclusion: It is the existing policy of the Town of Whitby to accept the low tender, provided the bid meets the specifications, provided the low bidder is capable of performing the required work, subject to requisite approvals and subject to the approval of Council. It is recommended that the Town of Whitby accept the low compliant tender bid of Fresco Enterprises Inc. for the Municipal Building Accessible Counters and Partition Renovations.

9. Attachments: N/A For further information contact: Deanna Young, Manager of Facilities Capital Projects Ext 7137 or James Addorisio, Senior Buyer Ext 2237

Original Approved and Signed.

Peter LeBel, Commissioner of Community and Marketing Services, Ext 4319

Original Approved and Signed.

Ken Nix, Commissioner of Corporate Services/Treasury, Ext 4314

Original Approved and Signed.

Doug Barnes, Interim Chief Administrative Officer, Ext 2211

Report to: Operations Committee Report number: CMS 12-16 Page 6 of 6

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Town of Whitby Report

Report to: Operations Committee Date of meeting: January 23, 2017 Department: Public Works Department

Report Number: PW 1-17 File Number(s): N/A

Report Title: Downtown Whitby Transportation and Pedestrian Safety Action Plan Terms of Reference 1. Recommendation: 1. That Report PW 1-17 be received as information. 2. That Council authorize staff to issue a Request for Proposal (see Terms of Reference in Attachment 1) for the Downtown Whitby Transportation and Pedestrian Safety Action Plan and award the project to the highest ranking compliant bidder provided such proposals are within or do not exceed by more than 10% of the budget. 3. That the Mayor and Clerk be authorized to sign any necessary documents. 2. Executive Summary: This assignment is to develop a Transportation and Pedestrian Safety (TPS) Action Plan for Downtown Whitby. The TPS Action Plan is to consider all modes of transportation for all user groups with an emphasis on further creating and encouraging a walkable Downtown that supports the Town of Whitby Council’s Goal to build downtowns that are pedestrian-focused destinations.

The vision for Downtown Whitby is to be a vibrant, viable, innovative and walkable urban destination that offers unique opportunities and experiences for people to live, work, shop, play and connect. The overriding priority outcome for the Downtown core is pedestrian safety, comfort and convenience.

Many municipalities in North America are now preparing transportation and pedestrian safety strategies and actions plans as there is growing recognition that

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greater efforts are needed to balance the needs and available mobility choices of all users and enhance the pedestrian focus.

The scope of the TPS Action Plan is to review and analyze the existing transportation and mobility conditions and systems within Downtown Whitby, and identify and recommend modifications, countermeasures, enhancements and priorities to achieve Council’s Goals (see section 7.4) and the following basic objectives:

• A walkable Downtown that is safe and welcoming and mitigates conflicts and barriers, including access along and across major roads (e.g. Brock Street and Dundas Street). • A transportation system that does not negatively impact adjacent residential communities. • New and improved opportunities for active and accessible transportation including cycling and walking. • A transportation system that minimizes conflicts between the various user groups. • A transportation system that is integrated and coordinated with the Region of Durham’s existing and future transit plans and objectives. • A transportation system that encourages and supports economic development, tourism, retail, residential and employment growth within the Downtown. • Solutions that can address concerns and issues with heavy vehicle movements through the Downtown and “cut thru” traffic in adjacent residential neighbourhoods. • A transportation system that best utilizes other adjacent arterials within and beyond the Study Zone limits that encourages the use for auto and heavy vehicle trips not destined for the Downtown. • Recommendations for the various Study Zones for priority spot locations, intersections, corridors and neighbourhood areas. • Opportunities, policies and programs that can be further developed and incorporated into other related studies and initiatives being undertaken by the Town within the Downtown area, including but not limited to: revisions to the roadway design standards including complete streets, Parking Master Plan, Active Transportation Plan, and the upcoming Downtown Whitby Secondary Plan Review. • A robust and interactive Public, Stakeholder and Agency Consultative Program that ensures an ongoing community dialogue with local residents’, businesses and stakeholders’ to ensure their concerns and special knowledge are identified, reviewed and considered in the assessment and development of the Action Plan.

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• Cost estimates and funding mechanisms, approval requirements and implementation plan for the recommended Action Plan. • Monitoring plan that identifies performance measures and methods to assess successes and procedures for refinement. • Formal Study documentation The Transportation and Pedestrian Action Plan was first included in the 2015 budget and was considered as part of the Downtown Whitby Action Plan (previously referred to as the Downtown Corridor Study).

3. Origin: This report originates from the Public Works Department.

4. Background: The Downtown Whitby Transportation and Pedestrian Safety (TPS) Action Plan Strategy is being completed to consider and address concerns with safety, traffic circulation and heavy vehicles. The Study is a follow-up to previous staff reports and to identify solving and recommendations that support Council’s Goal of building a Downtown that is a pedestrian focused destination.

5. Discussion/Options: The scope of work includes the following major tasks which are described in detail in the attached Terms of Reference:

• Consideration of pertinent transportation and pedestrian issues and opportunities in the Downtown within the Study Zones. • Data collection and inventories of technical and environmental information and relevant documents. • Community, public, stakeholder and agency consultation throughout the process. • Identification, assessment and evaluation of transportation and pedestrian safety alternatives. • Recommended priorities for spot locations, intersections, corridors and targeted areas, and general community concerns. • Documentation of Action Plan that includes:

o Implementation Plan o Cost estimates and funding o Performance measures and monitoring program The Study is expected to take 12 months to complete from Project award and will focus on the now to 5 year solutions, as well as longer term opportunities.

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The Study will be managed by the Public Works Department with a Town Steering Committee comprised of staff from Public Works, Planning and Development and Community and Marketing Services.

6. Public Communications/Plan: Community, Stakeholder and External Agency involvement is an essential element in creating supported and defensible solutions that reduce the potential for conflicts and that help to create livable and walkable communities. A thorough Public and Stakeholder Outreach program will be an essential component of this study.

7. Considerations: 7.1. Public Public input will be considered throughout the duration of the Study and development of the Action Plan.

7.2. Financial The funding for this project was identified in the Council approved 2015 capital budget and was carried forward to complete the project in 2017.

7.3. Impact on and input from other Departments/Sources Staff from the Planning and Development and Community and Marketing Services Departments have provided input into the Terms of Reference and will be involved on the Steering Committee throughout the duration of the Study.

7.4. Corporate and/or Department Strategic Priorities The following Council Goals were considered as part of PW 1-17 and the development of the Downtown Whitby Transportation and Pedestrian Safety (TPS) Action Plan Terms of Reference: #5 - To build downtowns that are pedestrian-focused destinations; to leverage municipal tools and resources to generate local jobs and prosperity; to facilitate a major, multifaceted downtown. #6 - To enhance the safety of our local streets and neighbourhoods by reducing traffic speeds and impacts through design standards that support traffic-calming and safe speeds across the community; to increase citizen involvement in building safe streets Improve Municipal and Community Infrastructure. #7 - To remain the community of choice for families and become the community of choice for seniors and job creators; and to focus new growth around the principles of strong, walkable and complete neighbourhoods that offer mobility choices.

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8. Summary and Conclusion: • That Report PW 1-17 be received as information. • That Council authorize staff to issue a Request for Proposal (see Terms of Reference in Attachment 1) for the Downtown Whitby Transportation and Pedestrian Safety (TPS) Action Plan and award the project to the highest ranking compliant bidder provided such proposals are within or do not exceed by more than 10% of the budget. • That the Mayor and Clerk be authorized to sign any necessary documents. 9. Attachments: Attachment 1: Downtown Whitby Transportation and Pedestrian Safety (TPS) Action Plan Terms of Reference For further information contact: Tara Painchaud, Manager of Transportation and Parking Services, x2419

Original Approved and Signed.

Suzanne Beale, Commissioner of Public Works, x4314

Original Approved and Signed.

Doug Barnes, Interim Chief Administrative Officer, x2211

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Attachment 1 Corporation of the Town of Whitby Request for Proposal RFP-XX-2017 Downtown Whitby Transportation and Pedestrian Safety (TPS) Action Plan

Section 3 - Terms of Reference 3.1. Project Objectives This assignment is to develop a Transportation and Pedestrian Safety (TPS) Action Plan for Downtown Whitby. The TPS Action Plan is to consider all modes of transportation for all user groups with an emphasis on further creating and encouraging a walkable Downtown that supports the Town of Whitby’s Council’s Goal to build downtowns that are pedestrian-focused destinations.

The scope of TPS Action Plan is to review and analyze the existing transportation and mobility conditions and systems within Downtown Whitby, and identify and recommend modifications, countermeasures, enhancements and priorities to achieve Council’s Goals (see Exhibit 1) and the following basic objectives:

• A walkable Downtown that is safe and welcoming and mitigates conflicts and barriers, including access along and across major roads (e.g. Brock Street and Dundas Street); • A transportation system that does not negatively impact adjacent residential communities; • New and improved opportunities for active and accessible transportation including cycling and walking; • A transportation system that minimizes conflicts between the various user groups; • A transportation system that is integrated and coordinated with the Region of Durham’s existing and future transit plans and objectives; • A transportation system that encourages and supports economic development, tourism, retail, residential and employment growth within the Downtown; • Solutions that can address concerns and issues with heavy vehicle movements through the Downtown and “cut thru” traffic in adjacent residential neighbourhoods; • A transportation system that best utilizes other adjacent arterials within and beyond the Study Zone limits that encourages the use for auto and heavy vehicle trips not destined for the Downtown; • Recommendations for the various Study Zones for priority spot locations, intersections, corridors and neighbourhood areas; • Opportunities, policies and programs that can be further developed and incorporated into other related studies and initiatives being undertaken by the Town

Page 1 of 11

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Attachment 1 Corporation of the Town of Whitby Request for Proposal RFP-XX-2017 Downtown Whitby Transportation and Pedestrian Safety (TPS) Action Plan

within the Downtown area, including but not limited to: revisions to the roadway design standards including complete streets, Parking Master Plan, Active Transportation Plan, and the upcoming Downtown Whitby Secondary Plan Review; • A robust and interactive Public, Stakeholder and Agency Consultative Program that ensures an ongoing community dialogue with local residents’, businesses and stakeholders’ to ensure their concerns and special knowledge are identified, reviewed and considered in the assessment and development of the Action Plan; • Cost estimates and funding mechanisms, approval requirements and implementation plan for the recommended Action Plan; • Monitoring plan that identifies performance measures and methods to assess successes and procedures for refinement; and • Formal Study documentation.

3.2. Issues and Opportunities The below major issues and opportunities are to be considered in the development of the TPS Action Plan. The below is not an exhaustive list but rather, highlights the more significant and procedural issues identified to date to be considered within the context of the Study.

Balancing Needs Downtown Whitby is a unique destination where a variety of services and businesses can be found, including boutiques, retail merchants, services, restaurants, and residential neighbourhoods. Dundas Street and Brock Street are the two main arterial roads within the Town that provide access to the Downtown.

Finding a desirable balance between the vehicular travel needs of people and goods, the needs of pedestrians and cyclists, as well as the needs of local business owners can sometimes be a challenge. The Consultant shall consider the demands and desires of all users when considering and assessing the area transportation network and developing the proposed recommendations and priorities along with the recognition and understanding of Council’s goal of creating a walkable and pedestrian focused Downtown.

Pedestrians and Active Transportation The Consultant will gather the best data available, and conduct the required field investigations to gain a solid understanding of the nature, characteristics and volume of trips made by foot, bicycle, and transit to/from and within the Downtown. The Consultant shall conduct the necessary field investigations to identify any issues, potential mitigation measures, including new/improved opportunities related to improved mobility, pedestrian crossing opportunities, enhanced cycling and improved integration between the various travel modes. Undertaking of jurisdictional scans of other downtowns nationally and internationally for best practices and possible solutions to achieve Council’s Goals and study objectives.

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Attachment 1 Corporation of the Town of Whitby Request for Proposal RFP-XX-2017 Downtown Whitby Transportation and Pedestrian Safety (TPS) Action Plan

Heavy Vehicle Traffic The volume of heavy/commercial vehicles traveling through Downtown Whitby can be significant and does not support Council’s Goal nor the desired pedestrian friendly Downtown. The Consultant shall consider and propose alternatives to alleviate/redirect heavy vehicle traffic to alternate route(s) within the Town. These solutions shall utilize other arterials within and beyond the Study Zones that heavy vehicles can be diverted to/encourage to use.

Traffic Operations (Speed and Volume) Measures to address concerns regarding vehicle speeds, traffic volumes, and infiltration in residential areas are to be analyzed and assessed. Opportunities such as turning circles, changes to all-way stop controls, lane markings, roadway modifications, traffic calming and so on should all be considered to best manage traffic operations. Opportunities to enhance cycling and walking to/from the GO Train Station/Downtown should also be identified.

Transit and On-Street Parking While the Town is not responsible for transit operations, the Study shall identify opportunities to improve and enhance pedestrian mobility to/from the Study Zones through new and improved linkages with Regional transit and/or alternate private/public shuttle transit services/solutions. The Consultant should consult with Durham Regional Transit on future micro transit opportunities.

Public Works will also bring forward a Downtown Parking Master Plan Terms of Reference in 2017 for Council’s consideration. This study will include assessment and recommendations on municipal parking including on street and dedicated lots.

While the scope of this TPS Action Plan is not to do a comprehensive parking management strategy, any apparent issues or recommendations should be identified related to parking that enhances and is consistent with the Study objectives and Council’s Goals.

3.3. Background The Downtown Whitby Transportation and Pedestrian Safety Action Plan is being undertaken to identify recommendations and strategies to enhance travel safety and to support Council’s Goal of building a Downtown that is a pedestrian focused destination.

The Corporation of the Town of Whitby is an area municipality located in the Region of Durham, approximately 40 kilometres east of downtown Toronto and is one of eight lower tier municipalities that comprise the Region of Durham. At approximately 125km² in size and with a population of over 130,000 people and growing, the Town of Whitby is comprised of a range of places and spaces, from suburban residential neighbourhoods and historic downtowns to rural hamlets and natural heritage features.

The Town of Whitby invites proposals from qualified Consultants to provide services to complete a Transportation and Pedestrian Safety (TPS) Action Plan for Downtown Whitby.

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Attachment 1 Corporation of the Town of Whitby Request for Proposal RFP-XX-2017 Downtown Whitby Transportation and Pedestrian Safety (TPS) Action Plan

3.4. Study Zones The following Study Zones or Emphasis Areas to be considered within the context of this TPS Action Plan (and shown on Exhibit 2), are namely: Primary Zone 1 - is generally bounded by central core heritage area between Elm Street to the north, Dunlop Street to the south, Green Street to the east, Bryon Street to the west.

Primary Zone 2 – is generally bounded by the central core Downtown between Mary Street to the north, Burns Street to the south, Henry Street to the west and Reynolds Street to the east.

Secondary Zone 3 – is generally bounded by Maple Street/CP Rail corridor to the north, Consumers Drive to the south Annes Street to the west, Garden Street to the east.

The Primary Zones for considering physical and operational modifications will be in Zones 1 and 2. The Secondary Zone 3 and beyond is being considered for traffic analysis purposes and where appropriate, general solutions and considerations for future improvements and traffic routing will be identified.

3.5. Scope of Work and Deliverables The following subsections describe the anticipated study deliverables and tasks to be completed by the Consultant in carrying out the assignment. The list of tasks may not be inclusive and the Proponent may recommend additional items that they feel would be “Value Added” to their submission and are encouraged to make recommendations to enhance the tasks described below.

3.5.1 Data Collection and Inventories The Consultant will be responsible for the collection, organization, documentation and interpretation of all technical and environmental data and documents. This includes, but is not limited to, the below:

• Available traffic data, characteristics, pedestrian and cyclist movements; • Area infrastructure, transportation network plans, community traffic issues, places of destination and major trip generators; • All relevant design standards and criteria and studies; and • Compilation of surrounding environmental features: area aesthetics; heritage districts, cultural features and landmarks, public and civic spaces and lands, community structure; Official Plan policies; economic objectives, and recreational areas. • Undertaking of jurisdictional scans of other downtowns nationally and internationally for best practices and possible solutions to achieve Council’s Goals and study objectives.

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Attachment 1 Corporation of the Town of Whitby Request for Proposal RFP-XX-2017 Downtown Whitby Transportation and Pedestrian Safety (TPS) Action Plan

3.5.2 Transportation and Pedestrian Safety Alternatives The Consultant shall identify and review impacts of potential solutions to address the identified transportation and pedestrian concerns. Through the evaluation, a recommended Action Plan for improvements will be proposed. Solutions should be wide ranging and include components of engineering, infrastructure, enforcement, education, awareness, access management, site design, land use planning, and policy.

Some of the potential countermeasure and alternative solutions to be considered include: • Pavement markings, signage, street lighting; • Medians and mid-block solutions; • Turn prohibitions (e.g. right on red); • Traffic circles, intersection control, signal timing, count down timers; • Accessible/pedestrian signals, transit stops; • Street connectivity; • Traffic calming, curb extensions, reduced crossing distances; • Opportunities for pedestrian and active transportation supportive amenities; - Cycling lanes, sharrows, etc. - Street furniture/decorative/aesthetics (e.g. benches, trees) - Bike racks, pocket parks/space - Temporary/seasonal solutions (e.g. sidewalk cafes, special/road closures) • Curb radii, geometric safety improvements, crosswalks; • Missing sidewalk links, internal linkages; and • Enforcement, education and awareness solutions and initiatives (e.g. watch your speed, pace care programs, speed sign campaigns, etc.). During this stage, consideration may be given to a long and short list of new/enhance alternatives and countermeasures.

3.5.3 Assessment and Evaluation of Alternatives The Consultant shall identify a formal, defensible and traceable process for the assessment and evaluation of alternatives.

Where applicable, the Consultant shall develop preliminary plans, drawings, typical sections, plans, of the recommendation(s) to demonstrate feasibility, context and for identifying any/all property impacts, construction costs, and utility conflicts.

The assessment and evaluation of alternatives shall consider a variety of criteria, including but not limited to the following:

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Attachment 1 Corporation of the Town of Whitby Request for Proposal RFP-XX-2017 Downtown Whitby Transportation and Pedestrian Safety (TPS) Action Plan

• Walkability and pedestrian movements, accessibility; • Impact of traffic flows on main roads and within the surrounding communities; • Vehicle pedestrian conflicts; • Existing rights of way – opportunities and limitations; • Existing walking requirements to transit; • Existing barriers to pedestrians, cyclists and vulnerable user groups; • Heavy vehicle movements; • Vehicle speeds and safety, travel demands; • Community desires, public and stakeholder input; • Cycling and integration with other transportation and transit systems; • Legislation (e.g. AODA), agency input and approval requirements; • Land compatibility and development potential; • Compatibility with other studies, initiatives and policies, e.g. Official Plan; • Aesthetics and natural environment; • Cultural Built Heritage; • Socio-economic impacts, tourism; • Utility impacts and construction cost; • Geometric compatibility with the existing/future network; • Property requirements and proximity impacts; • Ongoing operating and asset management capital maintenance costs; and • Review the results of the assessment with the Town, government review agencies, and present to the public for review. The Consultant should allow appropriate time for review by Town and external agencies in their schedule/work plan for the assessment and evaluation.

3.5.4 Recommended Priorities, Implementation and Action Plan Based on the assessment and evaluation of alternatives, and in consideration of public, stakeholder and agency feedback and input, identify recommended strategies and measures for the TPS Action Plan which includes priorities and an implementation plan for the Study Zones.

The implementation plan shall include costing and timing for the measures, and incorporate recommendations for infrastructure, transportation, enforcement, ongoing education and awareness, and future monitoring and performance measures.

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Attachment 1 Corporation of the Town of Whitby Request for Proposal RFP-XX-2017 Downtown Whitby Transportation and Pedestrian Safety (TPS) Action Plan

The implementation plan should include physical and operational initiatives that can be implemented in the now to 5 year horizon as well as longer term transportation planning solutions beyond the five year horizon.

3.5.5 Summary of Deliverables The Consultant shall be responsible for producing a Downtown Whitby Transportation and Pedestrian Safety (TPS) Action Plan that includes the following as a minimum:

• Background to the project; • Project objective(s); • Description/inventory of the Downtown, features and characteristics from a technical and environmental perspective; • Alternative solutions and concepts considered and the process followed to select the recommended solutions and strategies; • The public and stakeholder consultation program and summaries of comments received. All correspondence, copies of notices or letters, relating to public consultation to be included in the report; • Transportation and pedestrian safety review and recommendation(s); and • Preliminary concepts/designs of recommendations, as needed, mitigative strategies for impacts, education and awareness plans (e.g. walking safety tips) preliminary costs estimates and implementation plan that outlines next steps.

The Draft Transportation and Pedestrian Safety Action Plan will be submitted to the Town for internal review and commenting. Following this review, the consultant may present the findings and recommendations to Town Council members. The Study will then be finalized and appropriate copies are to be provided to the Town in the required digital and hard copy formats. The Final Study must be made available in an accessible format.

3.5.6 Project Schedule The Action Plan is to be completed within 12 months of project award. The Consultant shall include in the proposal a detailed schedule showing milestones, meetings and scope of work by tasks and costs.

3.5.7 Project Management The Study will be managed by the Town’s Steering Committee lead by the Public Works Manager of Transportation and Parking Services. On the Town’s Steering Committee will be representatives from the Public Works, Planning and Development, and Community and Marking Services Departments.

The Consultant’s Project Manager shall take a leading role to complete this Study on time and on budget. His/her responsibilities include:

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Attachment 1 Corporation of the Town of Whitby Request for Proposal RFP-XX-2017 Downtown Whitby Transportation and Pedestrian Safety (TPS) Action Plan

• Make day-to-day decisions in order to move the project forward; • Hold project meetings and prepare minutes and agendas of meetings; • Copy the Town’s Project Manager on all correspondence; • Advise the Town’s Project Manager of any additional work beyond the scope of work. This additional effort is not to be undertaken without prior written approval from the Town; and • Advise the Town’s Project Manager of any potential changes of the project schedule. Commitment of the Project Team members throughout the Study must be demonstrated in the proposal. Any proposed change in staff identified for specific tasks from that identified in the proposal shall require written approval from the Commissioner of Public Works.

Tasks: 1. Hold a project initiation meeting with the Town of Whitby Project Team to confirm the work program and project schedules provided in the Proposal. Following the meeting, the Consultant may be requested to update the work program or project schedules to reflect any changes discussed, and resubmit the documents to the Town’s Project Manager for approval. 2. Assemble and maintain the project contact list. The Consultant will identify the list of external agencies/businesses to be contacted as part of the study. This list will be developed in consultation with the Town’s Project Team. 3. Arrange, attend, prepare and issue minutes for, and provide written responses (when requested) to inquiries raised at all meetings with Town staff, external review agencies and other stakeholders. The Consultant shall issue correspondence resulting from the meetings (i.e. minutes, responses, etc.) within five (5) business days. 4. Coordinate project tasks undertaken by the Town and others. 5. Update and submit the schedule monthly with billings.

3.5.8 Project Meetings Project meetings will be held at the Town’s offices, unless otherwise agreed to by the Town.

Tasks: • An agenda and a copy of the documents and plans to be discussed shall be supplied a minimum of five (5) Business Days prior to the meeting. The Consultant shall provide sufficient staff at all meetings to ensure that the proceedings are not unduly delayed for the purposes of taking minutes. Minutes shall be prepared for all meetings within five (5) Business Days and distributed in hard copy or e-mail as agreed to by the Town to all attendees, all team members and any invited persons that could not attend, and as necessary, make the appropriate changes, additions and deletions; and Page 8 of 11

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Attachment 1 Corporation of the Town of Whitby Request for Proposal RFP-XX-2017 Downtown Whitby Transportation and Pedestrian Safety (TPS) Action Plan

• For the purpose of this proposal, the Consultant shall plan and budget for at least: five (5) project meetings (including a project initiation meeting) with Town staff, two (2) public meetings, one (1) meeting with the Downtown Development Steering Committee, and up to three (3) additional meetings to be scheduled as required during the assignment.

3.5.9 Community, Stakeholder and Agency Input Community, Stakeholder and Agency involvement is an essential element in creating supported and defensible solutions that reduce the potential for conflicts and that help to create livable and walkable communities. A thorough Public and Stakeholder Outreach program is an essential component of this study.

All public correspondence received throughout the Study, as well as all previous internal and external correspondence related to this project, will be reviewed, addressed and documented as part of this study.

At the beginning of the Study the Consultant shall provide specific details of the proposed Public and Community Outreach Program to be held during the Study. The details will include the frequency and timing of consultation, methods of notification, and key participants. Some of the tasks include:

• Public input should be obtained through a variety of forums including the workshops, pop-ups, charrettes, public meetings, social media and so, all of which may include a presentation of relevant information followed by an opportunity for residents to comment and participate in identifying issues and developing solutions. The Consultant should also identify opportunities to solicit feedback and input from Downtown businesses and services; • A comprehensive mailing list of area stakeholders, property owners, interested parties, the Downtown Development Steering Committee, and local businesses, etc. should be developed and maintained by the Consultant. Notices of all meetings shall be mailed by the Consultant; • The agencies are expected to include, but are not limited to, Region of Durham (e.g. Works, Planning, Transit, Public Health, Durham Region Police Service), school boards, and emergency services. A minimum of three (3) Stakeholder meetings should be scheduled throughout the project by the Consultant to solicit and gather feedback from stakeholders; • The public, stakeholder and agency consultative program should reflect a clear strategy of communication that demonstrates an understanding of local interest residents and stakeholders and should be designed with the flexibility to be able to respond, as necessary, to requests for participation in the Study; • The Consultant will work with Town to create content for a social media campaign; • The creation and distribution of all advertisements will be the full responsibility of the Consultant, as will be the preparation of all presentation materials to be utilized as part

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Attachment 1 Corporation of the Town of Whitby Request for Proposal RFP-XX-2017 Downtown Whitby Transportation and Pedestrian Safety (TPS) Action Plan

of the public and community outreach program. Newspaper advertisements shall be placed in local newspapers at key milestones of the Study; • The Consultant’s cost estimate for the public participation component of the assignment should account for the preparation of newspaper advertisements (The Town will be responsible for coordinating and placing the ads in the newspaper), notification packages, responses to comments from the public, etc.; and • All Public Consultative materials are to be provided to the Town, in PDF and hard copy format, a minimum of fifteen (15) Business Days in advance of staff reports to Council and public meetings. The Town will be responsible for securing all venues.

Public Consultation A minimum of two (2) public consultative sessions are to be held to provide opportunities for members of the community to provide input on the Study at the following milestones:

1) Identification of the Study Issues, Opportunities and Alternative Solutions

2) Evaluation of Alternatives and Draft Recommendations.

3.5.10 Council Meetings For the purpose of this proposal the Consultant shall plan and budget for at least one (1) presentation to Council.

Tasks: • The creation of all presentation material which shall be provided to the Town a minimum of fifteen (15) Business Days prior to the meetings; and • The Consultant’s Project Manager and additional staff (if required) are to deliver a presentation (maximum 10 minutes in length) to Council during a regularly scheduled Operations Committee Meeting, held during weekdays starting at 7:00pm.

3.5.11 Study Review and Comment The Consultant will co-ordinate all activities and prepare all submissions to the Town and external review agencies, subject to the participation and approval of the Town’s Project Manager. The Town’s Project Manager will coordinate other internal Town staff to obtain their input during the course of this study.

External review agencies to be involved include, but not limited to the Region of Durham, Emergency Service Providers, School Boards and the Downtown Development Steering Committee.

Request, review and incorporate comments from Town staff and external review agencies on the study and recommendations. Consultants to allow appropriate time for review by Town and external agencies in their schedule/work plan.

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Attachment 1 Corporation of the Town of Whitby Request for Proposal RFP-XX-2017 Downtown Whitby Transportation and Pedestrian Safety (TPS) Action Plan

3.6. Quality Assurance / Quality Control The Consultant will be fully responsible for the quality of the Services. The Town will monitor the timeliness and quality of deliverables to ensure adherence to technical standards and conformity with the RFP. The Consultant shall provide their policy on QA/QC and the scope and process for quality control audits, in particular the procedures for checking reports

3.7. Services Provided by the Municipality The Town will provide the following services/data:

• General direction and Project Management for the provision of Consultant services; • Copies of related reports including the Transportation Master Plan, Cycling and Leisure Trails Plan, related Secondary and Official Plan documents; • Topographical mapping, available road plans and property ownership; • Town staff will work with the Consultant in the collection of physical traffic volume and speed data; and • Updating the Town’s website (material provided by Consultant), facilitate a location for public meetings and submitting all newspaper advertisements, administering social media messaging (material provided by Consultant). 3.8. Document Accessibility Requirements Studies, Reports and/or Plans that result from this project must be created and provided to the Town in an accessible format. Please refer to the Town of Whitby’s Purchasing web page for a link on How to Create an Accessible Document (AODA).

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Exhibit 1

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Exhibit 2

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Town of Whitby Report

Report to: Operations Committee Date of meeting: January 23, 2017 Department: Public Works Department

Report Number: PW 5-17 File Number(s): n/a

Report Title: Fees for Services and Activities Provided and Performed by the Town of Whitby Public Works Department 1. Recommendation: 1. That Council approve the proposed Fees for Services and Activities provided and performed by the Public Works Department as outlined within Report PW 5-17; and 2. That the Town Clerk be directed to bring forward a by-law to give effect to the recommendations contained in Report PW 5-17. 2. Executive Summary: Based on the annual review of the fees for services and activities provided and performed by the Public Works Department, some adjustments to the existing fees are required to recover inflationary, operating and capital expenditure increases that have occurred over the past year. Adjustments have also been made to reflect recent tender and contract prices for materials. For housekeeping purposes, the separate existing by-law, Engineering Design Review and Inspection Fee By-law (By-law #6886-14), is being repealed and included as Schedule ‘C’ in the amended Public Works Fees By-law as shown in Attachment 1. In addition, several new items have been added to fully recover costs and to continue to reach towards financial sustainability. Below are the new areas for fees and services and activities provided and performed by the Public Works Department:

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• Field Locate Surcharge – Road Occupancy Permit (ON1Call)

• Utilization of Right-of-Way

• Retrieval of Unauthorized Items (Including signs)

• Private Property Parking Enforcement Site Registration

• Re-schedule Parking Ticket Review

• Site Plan Engineering Surcharge

• Delayed Assumption Surcharge

• Subdivision Assumption Fee

• Engineering Peer Review Administration

• Engineering Structure Inspection

• Traffic Count Data – Intersection Turning Movement Count (TMC) or Automatic Traffic Records (ATR)

3. Origin: Section 391 of the Municipal Act, 2001 provides that a municipality may impose fees or charges on persons for services or activities provided or done on its behalf, for costs payable by it or on its behalf, or for use of its property, including property under its control. The Public Works Department undergoes an annual review of the fees for services and activities provided and performed by the Department.

4. Background: The Municipal Act 2001, requires that all fees and charges collected by a Municipality be set through by-law. Existing By-law 6886-14: Engineering Design Review and Inspection Fees, was approved in June 2014. Attachment 2 Existing By-law 7094-16: Public Works Fees By-law, was approved in February 2009 and amended in February of 2010 (By-law 6289-10), January 2011 (By-law 6429-11), January 2012 (By-law 6575-12), February 2013 (By-law 6697-13), February 2014 (By-law 6833-14), February 2015 (By-law 6946-15), and January 2016 (By-law 7094-16). Attachment 3 5. Discussion/Options: The proposed amending by-law (Attachment 1) incorporates the fee adjustments required to fully recover associated inflationary, operating and capital expenditure increases that have occurred over the past year. In general, the proposed fee

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increases are within standard inflationary rates for wages, operating supplies and construction materials. Also, adjustments have also been made to reflect recent tender and contract prices for materials. Please note that the Site Alteration (Fill Control) By-law will be brought forward under separate cover. The amending by-law (Schedule B) also identifies a number of new areas for fees for services and activities provided and performed by the Public Works Department as follows:

Table 1: New Fees Proposed in 2017 – Schedule B in Attachment 1

2017 Fee Fee Title (Excluding Fee Basis Taxes) Road Occupancy Permits

Field Locate Surcharge –Local Roads (ON1Call) $50.00 Each

Field Locate Surcharge – Collector and Arterial Roads (ON1Call) $100.00 Each

Utilization of Right-of-Way

Affecting vehicle travel lanes on Collector and Arterial Roads during off-peak hours (9:00am to Per Lane Per $250.00 3:00pm and/or 7:00pm to 5:00am), up to 250m Day length

Affecting vehicular travel lanes on Collector and Arterial Roads during peak hours (5:00am to Per Lane Per $50.00 9:00am and/or 3:00pm to 7:00pm), up to 250m Hour length

Affecting travel lanes on Local Roads or boulevard, sidewalk, multi-use pathway, up to $50.00 Per Day 250m length

Retrieval of Unauthorized Items on Municipal Property (Including signs) Invoice actual $50.00 Per Item costs, if known

Private Property Parking Enforcement Officer $100.00 Per Person Training / Registration – Initial Application

Annual Renewal - Private Property Parking $25.00 Per Person

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2017 Fee Fee Title (Excluding Fee Basis Taxes) Enforcement Officer Training / Registration

Private Property Parking Enforcement Site $75.00 Per Site Registration

Re-schedule Parking Ticket Review $15.00 Per Review

Engineering Peer Review Administration Fee 15% of the total cost of the Each Peer Review

Engineering Structure Inspection Fee $1,000.00 Per Inspection

Traffic Count Data – Intersection Turning Movement Count (TMC) or Automatic Traffic $50.00 Per Location Records (ATR)

• Field Locate Surcharge – Road Occupancy Permit (ON1Call): This fee is intended to recover staff or consultant time to complete field locates of Town owned underground infrastructure. Through the Ontario Underground Infrastructure Notification System Act, 2012, the Town is required to provide field locates of Town owned infrastructure (streetlights and storm sewers) to any individual completing an excavation near the road allowance. Individuals are required to call Ontario One Call Centre (On1Call) before commencing excavation works, to received verification of underground facilities within the vicinity of the proposed excavation.

• Utilization of Right-of-Way: This fee is intended to recover staff time to review traffic management plans and complete initial and periodic inspection of the traffic control required for the utilization of the Town’s right-of-way.

Note: This fee is in addition to the appropriate Road Occupancy Permit fee and is applicable if the works require the closure of vehicular travel lanes and/or boulevard facilities (sidewalks, multi-use paths, etc.).

• Retrieval of Unauthorized Items (Including Signs): The intent of this fee is to recover the staff and vehicle related costs for removing unauthorized items (including signs) within a Town of Whitby right-of-way. These items are not permitted through the Town of Whitby Temporary Sign By-law (5696-05).

• Private Property Parking Enforcement Site Registration: This fee is applied to all new private property locations that have a private security company issuing parking tickets. The fee covers the cost of application

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processing and Town inspection to ensure adequate signage. Once authorized, the Town provides tickets to the appointed individuals to ticket on the private property.

• Re-schedule Parking Ticket Review: The intent of this fee is to charge defendants who do not show up for their scheduled ticket review. This fee will be applied in order to book a second review. Those who call to re-book their appointment at least 24 hours in advance of their appointment will not be charged.

• Engineering Peer Review Administration Fee: This fee is intended to recover staff time and costs for managing and administering Engineering Peer Review undertakings funded by the Developer / Subdivider which are not collected through other Town mechanisms.

• Engineering Structure Inspection Fee: This fee is applied to all new developments where municipally owned structures (e.g. retaining walls, culverts, bridges, etc.) with a span equal to 3.0m or greater will be constructed. The established fee is to recover the costs associated with completing the mandatory inspection of each structure in accordance with the requirements of the Ontario Structures Inspections Manual. Structures of this size are required to be inspected every two years regardless of the timing for assumption through the subdivision process.

• Traffic Count Data – Intersection Turning Movement Count (TMC) or Automatic Traffic Records (ATR): Public Works staff receive requests for traffic count data to assist new developments or businesses. This fee is intended to recover staff time and costs for providing the traffic count data. Lastly, in order to minimize the number of by-laws to be administered and maintained by the Public Works Department, the existing Engineering Design Review and Inspection Fees By-law (By-law #6886-14) (Attachment 2) is recommended to be repealed and incorporated as Schedule ‘C’ into the proposed amending Public Works Fees By-law (Attachment 1). The amending by-law (Schedule C) also identifies a number of new areas for fees for services and activities provided and performed by the Public Works Department as follows:

• Site Plan Engineering Surcharge: The existing Engineering Design Review and Inspection Fees By-law (By-law 6886-14) included a Design Review Fee Surcharge to recover staff time and costs for completing additional engineering reviews beyond the standard three engineering submissions for Subdivisions. This new Site Plan Engineering Surcharge is to match the process from a fee recovery perspective.

• Delayed Assumption Surcharge: This fee is intended to reduce staff time in administration and increase efficiency in asset management, while mitigating the need for issuing non-compliance orders. One year (12 months) after placement of top asphalt, a final deficiency list will be issued

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by the Town. One year (12 months) from the issuance of this final deficiency list, and each anniversary date thereafter, the penalty fee of 10% (minimum $5,000) of the initial Engineering Inspection Fee will apply until the Subdivider / Developer has addressed all Subdivider / Agreement requirements.

• Subdivision Assumption Fee: This fee is applied to all new subdivisions at the time of assumption. The established fee of $5,000.00 is intended to recover staff time and costs for completing the required tasks associated with assuming a subdivision, such as: updating GIS (record drawing) information, preparation of by-laws and document registration.

6. Public Communications/Plan: The Public Works Fees By-law is included on the Town’s website and in any specific documentation for services that the fee pertains.

7. Considerations: 7.1. Public Fees assist in offsetting the general tax levy by requiring persons who access a service to pay for a portion of the costs to provide that service, thereby avoiding having the service entirely subsidized by ratepayers.

7.2. Financial This By-law provides the Town with the ability to recover those costs for the services and activities identified above, that would otherwise require funding via other sources. Many of the permitting services and activities provided and performed by the Public Works Department require additional staffing resources due to growing demands and the additional generated fees would fully recover the proposed Corridor Management Supervisor position which is included as one of Public Work’s priority requests in the Draft 2017 Budget.

7.3. Impact on and input from other Departments/Sources The fees and services within this By-law also includes a Building Permit Activity Report which falls under the responsibility of the Planning Department (Building Services). It is anticipated that these services will be transferred in the future to the Planning Department’s respective fees and services By-laws. Planning Department staff provided information for this report. Further, the Public Works Department will work with Corporate Services to ensure the anticipated increase in revenue from the proposed changes to fees and charges is incorporated into the 2017 budget process.

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7.4. Corporate and/or Department Strategic Priorities 3. To continue the Whitby tradition of responsible financial management and respect for taxpayers; and to understand the importance of affordability to a healthy, balanced community.

8. Summary and Conclusion: That Council approve the proposed Fees for Services and Activities provided by the Public Works Department as outlined within Report PW 5-17.

9. Attachments: Attachment 1: Proposed By-law XXXX-17 (Including Schedules ‘A’, ‘B’ & ‘C’) Attachment 2: Development Engineering Review Fee By-law (By-law #6886-14) Attachment 3: Existing By-law 6150-09 and amended By-laws 6289-10, 6429-11, 6575-12, 6697-13, 6833-14, 6946-15, and 7094-16. For further information contact: Michael May, Project Engineer, x2249 Greg Hardy, Manager of Engineering and Infrastructure Services, x2259

Original Approved and Signed.

Suzanne Beale, Commissioner of Public Works, x4311 Original Approved and Signed.

Doug Barnes, Interim Chief Administrative Officer, x2211

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By-law Name: Public Works Fees By-law By-law # XXXX-17 Page 1 of 19

Town of Whitby By-law # XXXX-17

Public Works Fees By-law Being a By-law to Impose Fees for Certain Services and Activities Provided or Done by the Town of Whitby, Public Works Department Whereas, Subsection 391 (1) of the Municipal Act, R.S.O. 2001, provides that a municipality may pass by-laws imposing fees or charges on any class of persons for services or activities provided or done by or on behalf of it; And Whereas, the Council of the Corporation of the Town of Whitby enacted By-law # 6150-09 to impose fees for certain Public Works Department services and activities; And Whereas, the Council of the Corporation of the Town of Whitby considers it desirable to amend the Fees and make administrative amendments to By-law # 6150- 09 as amended; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows:

1. General 1.1. That Schedule “A” and “B” of By-law # 6150-09, as amended, be deleted in its entirety and replaced by Schedule “A”, “B” & “C” of this by-law. 1.2. That By-law 7094-16 be repealed. 1.3. That By-law 6886-14 be repealed. 1.4. An additional 30% for engineering and contract administration will be added to any invoices or fee payments that do not have an associated administration fee. 1.5. Fees shall be due and payable upon demand by cash, cheque or money order to the Town of Whitby.

Attachment 1

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By-law Name: Public Works Fees By-law By-law # XXXX-17 Page 2 of 19 2. Effective Date 2.1. This by-law shall come into force and take effect on date of the final passing of the by-law. By-law read and passed this 30th day of January, 2017.

Don Mitchell, Mayor

Christopher Harris, Town Clerk

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By-law Name: Public Works Fees By-law By-law # XXXX-17 Page 3 of 19 Schedule A To By-Law # XXXX-17

Description of Services and Activities

1. General Photocopying: This fee covers the costs associated with photocopying of various materials or documents.

2. Municipal Consent Approval Fees: This fee covers the cost of processing Municipal Consents for private utilities and all other for profit organizations.

Under several Provincial and Federal statutes the Town of Whitby is obliged to provide a location for the utilities in the road allowance. Municipal Consent approval is required by Provincial statute to install facilities with the Town of Whitby right-of- way or easement. The Municipal Consent approval process is intended to ensure that the location approved for the various utilities does not conflict with any existing utilities or municipal services as well as any future municipal requirements such as road widening or sewers.

The established fee is meant to recover staff time and other costs associated with the processing of Municipal Consents and are based on the average costs over previous years. The fees for Municipal Consent service is applicable to Bell Canada, other telephone companies, Rogers Cable TV, other cable television companies, Ontario Hydro, Hydro One, Enbridge, major oil and gas pipeline companies and all other for profit organizations.

3. Curb Cutting: This fee is applied to any individual property owner wishing to create or widen a driveway entrance on a Town of Whitby road which has curb and gutter. This work is performed as required by an independent Town of Whitby contractor.

4. Road Occupancy Permits: Utilities and Contractors frequently undertake various construction projects within the Town of Whitby road allowance which would include servicing for new development, major rehabilitation of existing plant, emergency repair to existing plant and major landscaping projects. It is a requirement of the Town of Whitby that a Road Occupancy Permit be obtained prior to any work proceeding within the public road allowance. The purpose of this permit is to:

• Inform the Municipality and Emergency Services (if affected by any road work) of the date, time and type of work being performed; • Screen contractors to ensure they are qualified and have adequate liability; • Provide a permanent record of work and location so the Town of Whitby can inspect the restoration and invoice the applicant for the cost of the permanent restoration by the Town of Whitby; • Provide a permanent record for oversized loads through a yearly permit; and • Obtain permission for the use of metered parking spaces to assist with private construction activities (waste containers, cranes, etc)

It is the Town’s policy to consider all restoration by the applicant, except sod, to be temporary only. The permanent restoration is completed by the Town as part of the

Page 63 of 449 Agenda Item # 6.7

By-law Name: Public Works Fees By-law By-law # XXXX-17 Page 4 of 19 annual concrete sidewalk construction contract. This ensures quality control to improve longevity and reduce future maintenance expenditures in repairing deficiencies.

Field Locate Surcharge – Road Occupancy Permit (ON1Call): This fee is intended to recover staff or consultant time to complete field locates of Town owned underground infrastructure. Through the Ontario Underground Infrastructure Notification System Act, 2012, the Town is required to provide field locates of Town owned infrastructure (streetlights and storm sewers) to any individual completing an excavation near the road allowance. Individuals are required to call Ontario One Call Centre (On1Call) before commencing excavation works, to received verification of underground facilities within the vicinity of the proposed excavation. 5. Utilization of Right-of-Way: This fee is intended to recover staff time to review traffic management plans and complete initial and periodic inspection of the traffic control required for the utilization of the Town’s right-of-way.

6. Driveway Entrance Culverts: This fee is applied to any individual property owner wishing to create a new driveway entrance, widen an existing driveway entrance or put in a temporary entrance in a rural setting - and a culvert is required to accommodate road drainage. This work is completed by Town of Whitby Public Works staff.

7. Deposits for Private Work (based on a 6.0m frontage): Property owners may require access across the Town of Whitby’s boulevard for construction purposes through a building permit, or pool enclosure permit. These deposits are used when damage (if any) to the sidewalk, curb and gutter, sodded boulevard and/or fencing has occurred and requires restoration. Damage is assessed by Town staff and the cost for restoration calculated based on current road occupancy rates. The deposit balance, if any, is refunded to the owner. Permanent restoration is completed in the Town of Whitby contracts. Property owners are permitted to restore the sod and fencing only.

8. Storm Sewer Connections: The intent of this fee is to recover the cost to the Municipality for pre-installing (pre-stubbing) services for vacant and future lot severances or providing services to an existing lot. New storm sewer connection charges shall be based on actual contract prices.

9. Sidewalk Installation: The intent of this fee is to cover the cost to the Municipality for the construction of a sidewalk that will be completed by the Municipality at a future date.

10. Illumination Equipment Installation (LED): The intent of this fee is to cover the cost to the Municipality for the construction of Illumination equipment which will be completed by the Municipality at a future date.

Page 64 of 449 Agenda Item # 6.7

By-law Name: Public Works Fees By-law By-law # XXXX-17 Page 5 of 19 11. Newspaper Box Approval Fee: This fee covers the cost of processing newspaper box approvals which includes regulating newspaper boxes within the Town’s rights- of-way.

12. Fill Control Permit: This fee covers the cost of processing a fill control application which includes Town of Whitby staff time and other costs to investigate, prohibit, and regulate the placing and dumping of fill, the removal of topsoil and the alteration of the grade of land.

13. Outdoor Sidewalk Patio Café Permit: This fee covers the cost of processing an Outdoor Sidewalk patio Café Permit which includes Town of Whitby staff time and other costs to investigate and regulate outdoor areas used in association with an eating establishment and location on a sidewalk under the jurisdiction of the Corporation of the Town of Whitby.

14. Building Permit Activity Report: This fee covers the cost of processing a Building Activity Report which includes Town of Whitby staff time and printing costs.

15. Sidewalk Snow Clearing: This per metre fee covers the cost of removing snow and ice from sidewalks where adjacent property owners have not complied with a By-law Enforcement Order to remove snow and ice.

16. Street Closure Permit: The intent of this fee is to recover the staff and vehicle related costs for delivering and returning traffic barrels or barricades specific to a permitted street dance or party occurring within a Town of Whitby right of way.

17. Retrieval of Unauthorized Items (Including Signs): The intent of this fee is to recover the staff and vehicle related costs for removing unauthorized items (including signs) within a Town of Whitby right-of-way. Actual costs, if known, will be invoiced. These items are not permitted through the Town of Whitby Temporary Sign By-law (5696-05).

18. Permanent Pavement Markings: This fee is applied to all new developments where new Municipal roads are being constructed or where existing Municipal roads are being altered and repainting of line markings is required. The established fee is meant to recover staff time and materials for the placement of permanent (plastic) pavement markings on new or altered Municipal roads. This fee represents the cost of labour and a full pail of plastic paint, which will cover 20 linear metres of line painting. Paint is sold in full pail increments only, due to spoilage after opening.

19. Permanent Signage: This fee is applied to all developments where new Municipal roads are being constructed or where new regulatory signage is otherwise required. The established fee is meant to recover staff time and materials for the placement of permanent posts and signage. This fee represents the cost of labour and materials.

20. Streetlight Re-lamping and Cleaning: This fee is applied to all new residential subdivision developments where new streetlights are being installed within Municipal public right-of-way. The established fee is meant to recover staff time and other costs associated with the annual Streetlight re-lamping and cleaning program and

Page 65 of 449 Agenda Item # 6.7

By-law Name: Public Works Fees By-law By-law # XXXX-17 Page 6 of 19 are based on the actual contract costs from the previous year. This fee, charged per newly installed streetlight, represents completion of two cleaning cycles within the time period and burn out rate of 10 per cent prior to assumption of the development by the Municipality.

21. Town Benchmark Contribution: This fee is applied to all new residential subdivision developments to assist in establishing/re-establishing local survey benchmarks (vertical and horizontal) throughout the Town. The established fee is meant to recover staff time and other costs associated with the annual Benchmark contract and are based on the actual contract costs from the previous year and the averaged residential building permits issued for the previous two years.

22. Private Property Parking Enforcement Training: This fee is applied to all new private properties seeking authorization to appoint and issue Town parking tickets. The cost covers staff labour to inspect the property to ensure proper signage for the ticketing and towing of vehicles. The fee also covers the cost to provide training through Town of Whitby Public Works staff to private property owners/agents, for the enforcement of private parking issues. The training will aim to ensure that those individuals appointed to enforce private property parking regulations are aware of their powers, limitations, and overall scope and ability while engaged under the authority granted to them by the Town of Whitby. Copies of all relevant Town By- laws will also be provided. Currently, the appointment of Municipal Law Enforcement Officers for the purpose of private property parking enforcement is undertaken in accordance with By-Law #2916-90 and the existing appointment policy. The fee represents the cost of labour and materials to train all new parking enforcement appointees.

23. Private Property Parking Enforcement Site Registration: This fee is applied to all new private property locations that have a private security company issuing parking tickets. The fee covers the cost of application processing and Town inspection to ensure adequate signage. Once authorized, the Town provides tickets to the appointed individuals to ticket on the private property.

24. Re-schedule Parking Ticket Review: The intent of this fee is to charge defendants who do not show up for their scheduled ticket review. This fee will be applied in order to book a second review. Those who call to re-book their appointment at least 24 hours in advance of their appointment will not be charged.

25. Engineering Peer Review Administration Fee: This fee is intended to recover staff time and costs for managing and administering Engineering Peer Review undertakings funded by the Developer / Subdivider which are not collected through other Town mechanisms.

Page 66 of 449 Agenda Item # 6.7

By-law Name: Public Works Fees By-law By-law # XXXX-17 Page 7 of 19 26. Engineering Structure Inspection Fee: This fee is applied to all new developments where municipally owned structures (e.g. retaining walls, culverts, bridges, etc.) with a span equal to 3.0m or greater will be constructed. The established fee is to recover the costs associated with completing the mandatory inspection of each structure in accordance with the requirements of the Ontario Structures Inspections Manual. Structures of this size are required to be inspected every two years regardless of the timing for assumption through the subdivision process.

27. Traffic Count Data – Intersection Turning Movement Count (TMC) or Automatic Traffic Records (ATR): Public Works staff receive requests for traffic count data to assist new developments or businesses. This fee is intended to recover staff time and costs for providing the traffic count data.

Page 67 of 449 By-law Name: Public Works Fees By-law By-law # XXXX-17 Page 8 of 19

Schedule B To By-Law # XXXX-17 Fees for Services and Activities 2016 Fee 2017 Fee 2017 Fee HST Fee Title (Excluding (Excluding (Including Fee Basis Applicable Taxes) Taxes) Taxes) 1. Photocopying

Engineering Drawings Prints (A1) $6.75 $7.00 Yes Per Sheet

Design Criteria & Engineering $95.00 $100.00 Yes Per Book Standards

Vertical Control $45.00 $50.00 Yes Per Book

Environmental Assessment Studies $95.00 $100.00 Yes Per Book

Watershed Reports $95.00 $100.00 Yes Per Book

2. Municipal Consent Approval Fee

Per street, up to 250m length $425.00 $500.00 No Each

3. Curb Cutting (Actual quotation prices) Page 68 of 449

Minimum charge for the first 2.0 metres $82.90 $84.60 Yes First 2 Metres Agenda Item # 6.7

Cost per each additional metre Additional $26.95 $27.50 Yes Metres

Attachment 1 By-law Name: Public Works Fees By-law By-law # XXXX-17 Page 9 of 19

2016 Fee 2017 Fee 2017 Fee HST Fee Title (Excluding (Excluding (Including Fee Basis Applicable Taxes) Taxes) Taxes) Additional curb-cutting both sides of Cutting Both $82.90 $84.60 Yes curb Sides

Additional cost per order for a Rush $250.00 $255.00 Yes Rush Order Order

Administration Fee $95.00 $100.00 Yes Each

4. Road Occupancy Permits

Per Permit – Local Roads $105.00 $105.00 No Each

Field Locate Surcharge – Local Roads N/A $50.00 Yes Each (ON1Call)

Per Permit – Collector and Arterial N/A $450.00 No Each Roads

Field Locate Surcharge – Collector and N/A $100.00 Yes Each Arterial Roads (On1Call)

Yearly Oversized Road Occupancy $165.00 $200.00 No Per Year Permit

Page 69 of 449 Use of Metered Parking Space Per Day Per $25.00 $25.00 Yes Meter Agenda Item # 6.7

Asphalt Pavement – (Arterial Roads) $160.00 $165.00 Yes Per m2

By-law Name: Public Works Fees By-law By-law # XXXX-17 Page 10 of 19

2016 Fee 2017 Fee 2017 Fee HST Fee Title (Excluding (Excluding (Including Fee Basis Applicable Taxes) Taxes) Taxes) Asphalt Pavement – (Local and $145.00 $150.00 Yes Per m2 Collector)

Infrared Joint Treatment (per metre) $80.00 $82.00 Yes Per metre

Infrared Treatment at Miscellaneous $425.00 $450.00 Yes Each Locations (CB, MH, etc.)

Concrete Sidewalk $120.00 $125.00 Yes Per m2

Tactile Plates (in addition to above $500.00 $500.00 Yes Per metre concrete sidewalk item)

Concrete Curb and Gutter $145.00 $150.00 Yes Per metre

Brick Pavers $135.00 $140.00 Yes Per m2

Asphalt Boulevard/Multi-Use Path $100.00 $105.00 Yes Per m2

5. Utilization of Right-of-Way

Affecting vehicle travel lanes on Collector and Arterial Roads during off- Per Lane Per N/A $250.00 No peak hours (9:00am to 3:00pm and/or Day

Page 70 of 449 7:00pm to 5:00am), up to 250m length Agenda Item # 6.7 Affecting vehicular travel lanes on Collector and Arterial Roads during Per Lane Per N/A $50.00 No peak hours (5:00am to 9:00am and/or Hour 3:00pm to 7:00pm), up to 250m length

By-law Name: Public Works Fees By-law By-law # XXXX-17 Page 11 of 19

2016 Fee 2017 Fee 2017 Fee HST Fee Title (Excluding (Excluding (Including Fee Basis Applicable Taxes) Taxes) Taxes) Affecting travel lanes on Local Roads or Per Lane/ boulevard, sidewalk, multi-use pathway, N/A $50.00 No Boulevard Per up to 250m length Day

6. Driveway Entrance Culverts

New Culverts - (460mm x 340mm)

- Length of 6.0m $2,430.00 $2,475.00 Yes Lump Sum

- Additional lengths at time of $330.00 $335.00 Yes Per metre installation

- Culverts having larger diameter Fee Prorated Fee Prorated Yes Fee Prorated

Extend Existing Culverts – (460mmx340mm)

- Minimum charge for a length of 1.5m $600.00 $615.00 Yes Lump Sum

- Additional lengths at time of $330.00 $335.00 Yes Per metre installation

- Culverts having larger diameter Fee Prorated Fee Prorated Yes Fee Prorated Page 71 of 449

Temporary Culverts-(460mm x Agenda Item # 6.7 340mm) - Length of 6.0m or less $1210.00 $1235.00 Yes Lump Sum

By-law Name: Public Works Fees By-law By-law # XXXX-17 Page 12 of 19

2016 Fee 2017 Fee 2017 Fee HST Fee Title (Excluding (Excluding (Including Fee Basis Applicable Taxes) Taxes) Taxes) - Additional lengths at time of $200.00 $205.00 Yes Per metre installation

Relocation of Existing Culverts Invoice Actual Actual Costs Actual Costs Yes Costs

Administration Fee $95.00 $100.00 Yes Each

7. Deposits for Private Works (based 6.0m frontage)

Concrete Sidewalk $1,080.00 $1,100.00 Yes Each

Concrete Curb and Gutter $870.00 $885.00 Yes Each

Sodded Boulevard $215.00 $220.00 Yes Each

Fencing $1,950.00 $1,990.00 Yes Each

Lot Sodding Deposit (Semi, Link and $1,100.00 $1,125.00 Yes Each Street Townhouses)

Lot Sodding Deposit (Detached) $2,210.00 $2,250.00 Yes Each

Page 72 of 449 8. Storm Sewer Connections (Invoice actual costs, if known) Agenda Item # 6.7

150mm diameter $210.00 $215.00 No Per metre

250mm diameter $270.00 $280.00 No Per metre

By-law Name: Public Works Fees By-law By-law # XXXX-17 Page 13 of 19

2016 Fee 2017 Fee 2017 Fee HST Fee Title (Excluding (Excluding (Including Fee Basis Applicable Taxes) Taxes) Taxes) 300mm diameter $300.00 $310.00 No Per metre

375mm diameter $345.00 $360.00 No Per metre

450mm diameter $350.00 $375.00 No Per metre

Administration Fee $95.00 $100.00 Yes Each

9. Sidewalk Installation

Concrete Sidewalk/Boulevard (Removal $120.00 $125.00 Yes Per m2 and Replacement)

Concrete Sidewalk/Boulevard (New) $120.00 $125.00 Yes Per m2

Concrete Sidewalk and Platform $220.00 $230.00 Yes Per m2

10. Illumination Installation (LED)

Light Installation on existing pole $1,770.00 $1,800.00 Yes Each

Streetlight pole and light installation $6,800.00 $6,950.00 Yes Each

11. Newspaper Box Approval Fee Page 73 of 449

Yearly Permit – per Newspaper Agenda Item # 6.7 $360.00 $360.00 Yes Per Year Company

Reclaiming Newspaper Boxes $130.00 $130.00 Yes Each

Administration Fee $95.00 $100.00 Yes Each

By-law Name: Public Works Fees By-law By-law # XXXX-17 Page 14 of 19

2016 Fee 2017 Fee 2017 Fee HST Fee Title (Excluding (Excluding (Including Fee Basis Applicable Taxes) Taxes) Taxes) 12. Fill Control Permit

Site Area < 1.0 ha $540.00 $540.00 Yes Per permit

Site Area ≥ 1.0 ha $815.00 $815.00 Yes Per permit

13. Outdoor Sidewalk Café Permit $175.00 $180.00 No Per permit

14. Building Permit Activity Report

Monthly $11.50 $11.50 Yes Per Month

Annually (12 reports) $77.50 $77.50 Yes Per Year

15. Sidewalk Snow Clearing (Per $14.00 $15.00 Yes Per metre Occurrence)

16. Street Closure Permit $270.00 $275.00 No Each

17. Retrieval of Unauthorized Items (Including signs) N/A $50.00 Yes Per Item (Invoice actual costs, if known)

18. Permanent Pavement Markings Page 74 of 449

10 cm wide plastic pavement markings, Agenda Item # 6.7 any colour (fee in 20m increments due $390.00 $400.00 Yes Per 20 metres to spoilage after opening)

40 cm wide white stop bar $390.00 $400.00 Yes Each

By-law Name: Public Works Fees By-law By-law # XXXX-17 Page 15 of 19

2016 Fee 2017 Fee 2017 Fee HST Fee Title (Excluding (Excluding (Including Fee Basis Applicable Taxes) Taxes) Taxes) 19. Permanent Signage N/A N/A

General – Standard Application $210.00 $215.00 Yes Each

Heritage Application $265.00 $270.00 Yes Each

Stop Sign with Street Name Blade(s) – $425.00 $430.00 Yes Each Standard

Stop Sign with Street Name Blade(s) - $700.00 $710.00 Yes Each Heritage

20. Streetlight Re-Lamping and $140.00 $35.00 Yes Each Cleaning

21. Town Benchmark Contribution Per New (per new residential unit) $13.00 $13.00 Yes Residential Unit

22. Private Property Parking Enforcement Officer Training / $75.00 $100.00 No Per Person Registration – Initial Application

Annual Renewal - Private Property

Page 75 of 449 Parking Enforcement Officer Training / N/A $25.00 No Per Person

Registration Agenda Item # 6.7

23. Private Property Parking N/A $75.00 No Per Site Enforcement Site Registration

By-law Name: Public Works Fees By-law By-law # XXXX-17 Page 16 of 19

2016 Fee 2017 Fee 2017 Fee HST Fee Title (Excluding (Excluding (Including Fee Basis Applicable Taxes) Taxes) Taxes)

24. Re-schedule Parking Ticket N/A $15.00 No Per Review Review

25. Engineering Peer Review 15% of the total cost of the Administration Fee N/A Yes Each Peer Review Fee

26. Engineering Structure Inspection N/A $1,000.00 Yes Per Inspection Fee

27. Traffic Count Data – Intersection Turning Movement Count (TMC) N/A $50.00 Yes Per Location or Automatic Traffic Records (ATR) Page 76 of 449 Agenda Item # 6.7

Agenda Item # 6.7

By-law Name: Public Works Fees By-law By-law # XXXX-17 Page 17 of 19

Schedule C Engineering Design Review and Inspection Fees General • Applicants, at the time of executing any relevant Subdivision Agreement, Site Plan Agreement or other Development Agreement, or when otherwise required by the Town, shall pay to the Town the relevant fees as set out herein.

Subdivision Design Review and Inspection Fees • The Engineering Design Review Fee to be paid by the Subdivider shall be 1.25% of the estimated cost of installation of public services for the Town of Whitby and other regulatory requirements administered by the Town of Whitby, with a minimum fee of $2,100.00. • The Engineering Inspection Fee to be paid by the Subdivider shall be based upon the following table relating to the estimated cost of public services to be installed for the Town of Whitby, the Region of Durham and other regulatory requirements administered by the Town of Whitby.

Estimated Cost Engineering Inspection Fee of Services Less than $200,000.00 $5,000 or 5.20% of the total estimated cost of services, whichever is greater $200,000.01 to $500,000.00 $10,400 or 4.60% of the total services, whichever is greater $500,000.01 to $1,000,000.00 $23,000 or 3.90% of the total services, whichever is greater $1,000,000.01 to $2,000,000.00 $39,000 or 3.30% of the total services, whichever is greater $2,000,000.01 to $3,000,000.00 $66,000 or 2.90% of the total services, whichever is greater $3,000,000.01 and over $87,000 or 2.60% of the total services, whichever is greater

• A fee for ‘Underground Servicing Approval Only’ equal to 15% of the total Engineering Design Review Fee plus 15% of the total Engineering Inspection Fee shall be paid by the Subdivider for underground servicing approval only of the Engineering Design in advance of the Full Engineering Design Approval. The minimum combined fee shall be $2,625.00. Subdivision Design Review Fee Surcharge • The Subdivider shall pay an additional surcharge of 33.3% of the total Engineering Design Review Fee for a Fourth Engineering Submission review. • The Subdivider shall pay an additional surcharge of 20.0% of the total Attachment 1

Page 77 of 449 Agenda Item # 6.7

By-law Name: Public Works Fees By-law By-law # XXXX-17 Page 18 of 19 Engineering Design Review Fee for each Engineering Submission review after the fourth submission. • The above noted surcharges shall be discounted by 50% should less than half of the total number of plans require revisions.

Delayed Assumption Surcharge • One year after placement of top asphalt, a final deficiency list will be issued by the Town. One year (12 months) from the issuance of this final deficiency report, and each anniversary date thereafter, the penalty fee of 10% (min. $5,000) of the initial Engineering Inspection Fee will apply until the Subdivider / Developer has addressed all Subdivider / Agreement requirements. Subdivision Assumption Fee • This fee is applied to all new subdivisions at the time of assumption. The established fee of $5,000.00 is intended to recover staff time and costs for completing the required tasks associated with assuming a subdivision, such as: updating GIS (record drawing) information, preparation of by-laws and document registration. Site Plan Engineering Fees 2 • Tier 1: Development Site Area: ≤ 1,000 m , fix fee of $1,050.00. 2 • Tier 2: Development Site Area: 1,001 to 3,000 m , fix fee of $3,150.00. 2 • Tier 3: Development Site Area: > 3,001 m , sliding scale based on construction value of civil works as per the following table:

Estimated Cost Site Plan Engineering Fee of Civil Works Less than $200,000.00 $5,000 or 5.20% of the total estimated cost of services, whichever is greater $200,000.01 to $500,000.00 $10,400 or 4.60% of the total estimated services, whichever is greater $500,000.01 to $1,000,000.00 $23,000 or 3.90% of the total estimated services, whichever is greater $1,000,000.01 to $2,000,000.00 $39,000 or 3.30% of the total estimated services, whichever is greater $2,000,000.01 to $3,000,000.00 $66,000 or 2.90% of the total estimated services, whichever is greater $3,000,000.01 and over $87,000 or 2.60% of the total estimated services, whichever is greater

Page 78 of 449 Agenda Item # 6.7

By-law Name: Public Works Fees By-law By-law # XXXX-17 Page 19 of 19 Site Plan Engineering Fee Surcharge • Tier 1: Fix fee of $1,050 per submission for 4th Submission (and beyond). • Tier 2: Fix fee of $3,150 per submission for 4th Submission (and beyond). • Tier 3: 33% of the initial Site Plan Engineering Fee for 4th Submission, and 20% of the initial Site Plan Engineering Fee for each submission after the 4th submission. Engineering Review for Residential In-Fill Lots • Fix fee of $1,050.00. This fix fee shall also apply to all single family residential dwelling requiring a Site Plan Application, regardless of actual development site area.

Page 79 of 449 Agenda Item # 6.7

Town of Whitby By-law # 6886-14

Engineering Design Review and Inspection Fees Being a By-law to impose fees for certain services and activities provided or done by the Town of Whitby, Public Works Department Whereas, Subsection 391(1) of the Municipal Act, R.S.O. 2001 provides that a municipality may pass by-laws imposing fees or charges on any class of persons for services or activities provided or done by or on behalf of it; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows:

1. General 1.1. An applicant, at the time of filing an application with the Town of Whitby as set out in Column One of Schedule A, attached hereto and forming part of this by-law shall pay to the Town the relevant engineering review and design fees as set out in Column Two of Schedule A.

1.2. That the fees as set out in Schedule A be indexed by 2.5 percent on September 1 of each year without amendment to this by-law..

1.3. Fees shall be due and payable upon demand by cash, cheque or money order to the Town of Whitby.

2. Effective Date 2.1. The provisions of this By-law shall come into effect on the 1st day of September, 2014.

By-law read and passed this'30thday of June, 2014.

' 11

Patricia Perkins, -.Mayot

Debi A. Wilcox, Town Clerk

Attachment 2

Page 80 of 449 Agenda Item # 6.7

By-law Name: Engineering Fees By-law By-law # 6886-14 Page 2 of 3

Schedule A Subdivision Design Review and Inspection Fees • The Engineering Design Review Fee to be paid by the Subdivider shall be 1.25% of the estimated cost of installation of public services for the Town of Whitby and other regulatory requirements administered by the Town of Whitby, with a minimum fee of $2,000.00. • The Engineering Inspection Fee to be paid by the Subdivider shall be based upon the following table relating to the estimated cost of public services to be installed for the Town of Whitby, the Region of Durham and other regulatory requirements administered by the Town of Whitby.

innate ervices Engineering trig

Less than $200,000.00 $5,000 or 5.20% of the total estimated cost of services, whichever is greater

$200,000.01 to $500,000.00 4.60% of the total estimated cost of services

$500,000.01 to $1,000,000.00 3.90% of the total estimated cost of services

$1,000,000.01 to $2,000,000.00 3.30% of the total estimated cost of services

$2,000,000.01 to $3,000,000.00 2.90% of the total estimated cost of services

$3,000,000.01 and over 2.60% of the total estimated cost of services

• A new fee for the 'Underground Servicing Approval Only' equal to 15% of the total Engineering Design Review Fee plus 15% of the total Engineering Inspection Fee shall be paid by the Subdivider for underground servicing approval only of the Engineering Design in advance of the Full Engineering Design Approval. The minimum combined fee shall be $2,500.00. Subdivision Design Review Fee Surcharge • The Subdivider shall pay an additional surcharge of 33.3% of the total Engineering Design Review Fee for a Fourth Engineering Submission review. • The Subdivider shall pay an additional surcharge of 20.0% of the total Engineering Design Review Fee for each Engineering Submission review after the fourth submission. • The above noted surcharges shall be discounted by 50% should less than half of the total number of plans require revisions.

Page 81 of 449 Agenda Item # 6.7

By-law Name: Engineering Fees By-law By-law # 6886-14 Page 3 of 3

Site Plan Engineering Fees • Tier 1: Development Site Area <= 1,000 m 2, fix fee of $1,000.00. • Tier 2: Development Site Area 1,001 to 3,000 m 2, fix fee of $3,000.00. • Tier 3: Development Site Area > 3,001 m 2, sliding scale based on construction value of civil works as per the following table:

s !irate trieenn

Less than $200,000.00 $5,000 or 5.20% of the total estimated cost of services, whichever is greater

$200,000.01 to $500,000.00 4.60% of the total estimated cost of services

$500,000.01 to $1,000,000.00 3.90% of the total estimated cost of services

$1,000,000.01 to $2,000,000.00 3.30% of the total estimated cost of services

$2,000,000.01 to $3,000,000.00 2.90% of the total estimated cost of services

$3,000,000.01 and over 2.60% of the total estimated cost of services

Engineering Review for Residential In-Fill Lots • Fix fee of $1,000.00. This fix fee shall also apply to all single family residential dwelling requiring a Site Plan Application, regardless of actual development site area.

Page 82 of 449 Agenda Item # 6.7

Town of Whitby By-law # 7094-16

Public Works Fees By-Law Being a By-law to Impose Fees for Certain Services and Activities Provided or Done by the Town of Whitby, Public Works Department Whereas Subsection 391 (1) of the Municipal Act, R.S.O. 2001, provides that a municipality may pass by-laws imposing fees or charges on any class of persons for services or activities provided or done by or on behalf of it; And Whereas, the Council of the Corporation of the Town of Whitby enacted By-law # 6150-09 to impose fees for certain Public Works Department services and activities; And Whereas, the Council of the Corporation of the Town of Whitby considers it desirable to amend the Fees and make administrative amendments to By-law # 6150- 09 as amended; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General 1.1. That Schedule “A” and “B” of By-law # 6150-09, as amended, be deleted in its entirety and replaced by Schedule “A” and “B” of this by-law. 1.2. That By-law 6946-15 be repealed. 2. Effective Date 2.1. This by-law shall come into force and take effect on date of the final passing of the by-law.

By-law read and passed this 8th day of February, 2016.

Don Mitchell, Mayor

Christopher Harris, Town Clerk

Attachment 3

Page 83 of 449 Agenda Item # 6.7

Schedule A To By-Law # 7094-16

Description of Services and Activities

1. General Photocopying: This fee covers the costs associated with photocopying of various materials or documents.

2. Municipal Consent Approval Fees: This fee covers the cost of processing Municipal Consents for private utilities and all other for profit organizations.

Under several Provincial and Federal statutes the Town of Whitby is obliged to provide a location for the utilities in the road allowance. Municipal Consent approval is required by Provincial statue to install facilities with the Town of Whitby right-of- way or easement. The Municipal Consent approval process is intended to ensure that the location approved for the various utilities does not conflict with any existing utilities or municipal services as well as any future municipal requirements such as road widening or sewers.

 Inform the Municipality and Emergency Services (if affected by any road work) of the date, time and type of work being performed;  Screen contractors to ensure they are qualified and have adequate liability;  Provide a permanent record of work and location so the Town of Whitby can inspect the restoration and invoice the applicant for the cost of the permanent restoration by the Town of Whitby;  Provide a permanent record for oversized loads through a yearly permit; and  Obtain permission for the use of metered parking spaces to assist with private construction activities (waste containers, cranes, etc)

It is the Town’s policy to consider all restoration by the applicant, except sod, to be temporary only. The permanent restoration is completed by the Town as part of the

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annual concrete sidewalk construction contract. This ensures quality control to improve longevity and reduce future maintenance expenditures in repairing deficiencies.

5. Driveway Entrance Culverts: This fee is applied to any individual property owner wishing to create a new driveway entrance, widen an existing driveway entrance or put in a temporary entrance in a rural setting - and a culvert is required to accommodate road drainage. This work is completed by Town of Whitby Public Works staff.

6. Deposits for Private Work (based on a 6.0m frontage): Property owners may require access across the Town of Whitby’s boulevard for construction purposes through a building permit, or pool enclosure permit. These deposits are used when damage (if any) to the sidewalk, curb and gutter, sodded boulevard and/or fencing has occurred and requires restoration. Damage is assessed by Town staff and the cost for restoration calculated based on current road occupancy rates. The deposit balance, if any, is refunded to the owner. Permanent restoration is completed in the Town of Whitby contracts. Property owners are permitted to restore the sod and fencing only.

7. Storm Sewer Connections: The intent of this fee is to recover the cost to the Municipality for pre-installing (pre-stubbing) services for vacant and future lot severances or providing services to an existing lot. New storm sewer connection charges shall be based on actual contract prices.

8. Sidewalk Installation: The intent of this fee is to cover the cost to the Municipality for the construction of a sidewalk that will be completed by the Municipality at a future date.

9. Illumination Equipment Installation: The intent of this fee is to cover the cost to the Municipality for the construction of Illumination equipment which will be completed by the Municipality at a future date.

10. Newspaper Box Approval Fee: This fee covers the cost of processing newspaper box approvals which includes regulating newspaper boxes within the Town’s rights- of-way.

11. Fill Control Permit: This fee covers the cost of processing a fill control application which includes Town of Whitby staff time and other costs to investigate, prohibit, and regulate the placing and dumping of fill, the removal of topsoil and the alteration of the grade of land.

12. Outdoor Sidewalk Patio Café Permit: This fee covers the cost of processing an Outdoor Sidewalk patio Café Permit which includes Town of Whitby staff time and other costs to investigate and regulate outdoor areas used in association with an eating establishment and location on a sidewalk under the jurisdiction of the Corporation of the Town of Whitby.

13. Building Permit Activity Report: This fee covers the cost of processing a Building Activity Report which includes Town of Whitby staff time and printing costs.

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14. Sidewalk Snow Clearing: This per metre fee covers the cost of removing snow and ice from sidewalks where adjacent property owners have not complied with a By-law Enforcement Order to remove snow and ice.

15. Street Closure Permit: The intent of this fee is to recover the staff and vehicle related costs for delivering and returning traffic barrels or barricades specific to a permitted street dance or party occurring within a Town of Whitby right of way.

16. Picnic Table/Waste Receptacles for Special Events: The intent of this fee is to recover the staff and vehicle related costs for delivering and returning picnic tables and waste receptacles specific to non- Town of Whitby related special events held on Town of Whitby property (i.e. sport tournaments). The fee has been calculated for a grouping of seven (7) picnic tables and four (4) waste receptacles. The Department does not deliver tables for either Non-Town of Whitby events or events held on Non-Town of Whitby property.

17. Permanent Pavement Markings: This fee is applied to all new developments where new Municipal roads are being constructed or where existing Municipal roads are being altered and repainting of line markings is required. The established fee is meant to recover staff time and materials for the placement of permanent (plastic) pavement markings on new or altered Municipal roads. This fee represents the cost of labour and a full pail of plastic paint, which will cover 20 linear metres of line painting. Paint is sold in full pail increments only, due to spoilage after opening.

18. Permanent Signage: This fee is applied to all developments where new Municipal roads are being constructed or where new regulatory signage is otherwise required. The established fee is meant to recover staff time and materials for the placement of permanent posts and signage. This fee represents the cost of labour and materials.

19. Streetlight Re-lamping and Cleaning: This fee is applied to all new residential subdivision developments where new streetlights are being installed within Municipal public right-of-way. The established fee is meant to recover staff time and other costs associated with the annual Streetlight re-lamping and cleaning program and are based on the actual contract costs from the previous year. This fee, charged per newly installed streetlight, represents completion of two cleaning cycles within the time period and burn out rate of 10 per cent prior to assumption of the development by the Municipality.

20. Town Benchmark Contribution: This fee is applied to all new residential subdivision developments to assist in establishing/re-establishing local survey benchmarks (vertical and horizontal) throughout the Town. The established fee is meant to recover staff time and other costs associated with the annual Benchmark contract and are based on the actual contract costs from the previous year and the averaged residential building permits issued for the previous two years.

21. Private Property Parking Enforcement Training: This fee is applied to all new private properties seeking authorization to appoint and issue Town parking tickets. The cost covers staff labour to inspect the property to ensure proper signage for the ticketing and towing of vehicles. The fee also covers the cost to provide training

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through Town of Whitby Public Works staff to private property owners/agents, for the enforcement of private parking issues. The training will aim to ensure that those individuals appointed to enforce private property parking regulations are aware of their powers, limitations, and overall scope and ability while engaged under the authority granted to them by the Town of Whitby. Copies of all relevant Town By- laws will also be provided. Currently, the appointment of Municipal Law Enforcement Officers for the purpose of private property parking enforcement is undertaken in accordance with By-Law #2916-90 and the existing appointment policy. The fee represents the cost of labour and materials to train all new parking enforcement appointees.

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Schedule B To By-Law # 7094-16 Fees for Services and Activities Item Existing Fee Proposed Fee 1. Photocopying N/A N/A

General (8.5” x 11”; 11” x 14”; 11” x 17”) $0.65/page $0.65/page

Engineering Drawings Prints (A1) $6.65/sheet $6.75/sheet

Design Criteria & Engineering Standards $92.00/book $95.00/book

Vertical Control $44.50/book $45.00/book

Environmental Assessment Studies $92.00/book $95.00/book

Watershed Reports $92.00/book $95.00/book

2. Municipal Consent Approval Fee N/A N/A

Per street, up to 250m length $410.00/each $425.00/each

3. Curb Cutting (Actual quotation N/A N/A prices)

Minimum charge for the first 2.0 metres $82.00 $85.00

Cost per each additional metre $26.65 $27.50

Additional curb-cutting both sides of curb $82.00 $85.00

Additional cost per order for a Rush Order $256.25 $265.00

Administration Fee $90.00/each $95.00/each

4. Road Occupancy Permits N/A N/A

Per Permit $100.00/each $105.00/each

Yearly Oversized Road Occupancy Permit $155.00/yr $165.00/yr

Use of Metered Parking Space $25.00/day/m $25.00/day/m

Asphalt Pavement – (Arterial Roads) $160.00/m2 $160.00/m2

Asphalt Pavement – (Local and Collector) $145.00/m2 $145.00/m2

Infrared Joint Treatment (per metre) $80.00/m $80.00/m

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Item Existing Fee Proposed Fee Infrared Treatment at Miscellaneous $425.00/each $425.00/each Locations (CB, MH, etc.)

Concrete Sidewalk $115.00/m2 $120.00/m2

Tactile Plates (in addition to above concrete sidewalk item) N/A $500.00/m

Concrete Curb and Gutter $135.00/m $145.00/m

Brick Pavers $130.00/m2 $135.00/m2

Asphalt Boulevard/Multi-Use Path $85.00/m2 $100.00/m2

5. Driveway Entrance Culverts N/A N/A

New Culverts - (460mm x 340mm) N/A N/A

- Length of 6.0m $2360.00/l.s. $2430.00/l.s.

- Additional lengths at time of installation $320.00/m $330.00/m

- Culverts having larger diameter Fee Prorated Fee Prorated

Extend Existing Culverts – (460mmx340mm) N/A N/A

- Minimum charge for a length of 1.5m $590.00/l.s. $600.00/l.s.

- Additional lengths at time of installation $320.00/m $330.00/m

- Culverts having larger diameter Fee Prorated Fee Prorated

Temporary Culverts-(460mm x 340mm) N/A N/A

- Length of 6.0m or less $1175.00/l.s. $1210.00/l.s.

- Additional lengths at time of installation $195.00/m $200.00/m

Relocation of Existing Culverts Actual Costs Actual Costs

Administration Fee $90.00/each $95.00/each

6. Deposits for Private Works (based 6.0m frontage) N/A N/A

Concrete Sidewalk $1,000.00 $1,080.00

Concrete Curb and Gutter $790.00 $870.00

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Item Existing Fee Proposed Fee Sodded Boulevard $210.00 $215.00

Fencing $1890.00 $1950.00

Lot Sodding Deposit (Semi, Link and Street Townhouses) $1070.00 $1100.00

Lot Sodding Deposit (Detached) $2145.00 $2210.00

7. Storm Sewer Connections N/A N/A

150mm diameter $205.00/m $210.00/m

250mm diameter $260.00/m $270.00/m

300mm diameter $290.00/m $300.00/m

375mm diameter $330.00/m $345.00/m

450mm diameter $340.00/m $350.00/m

Administration Fee $90.00/each $95.00/each

8. Sidewalk Installation N/A N/A

Concrete Sidewalk/Boulevard (Removal and Replacement) $115.00/m2 $120.00/m2

Concrete Sidewalk/Boulevard (New) $110.00/m2 $120.00/m2

Concrete Sidewalk and Platform $205.00/m2 $220.00/m2

9. Illumination Installation (LED) N/A N/A

Light Installation on existing pole $1950.00/each $1770.00/each

Streetlight pole and light installation $6600.00/each $6800.00/each

10. Newspaper Box Approval Fee N/A N/A

Yearly Permit – per Newspaper Company $350.00/year $360.00/year

Reclaiming Newspaper Boxes $125.00/each $130.00/each

Administration Fee $90.00/each $95.00/each

11. Fill Control Permit N/A N/A

Site Area < 1.0 ha $540.00/permit $540.00/permit

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Item Existing Fee Proposed Fee Site Area ≥ 1.0 ha $815.00/permit $815.00/permit

12. Outdoor Sidewalk Café Permit $170.00/permit $175.00/permit

13. Building Permit Activity Report N/A N/A

Monthly $11.00/month $11.50/month

Annually (12 reports) $75.00/year $77.50/year

14. Sidewalk Snow Clearing (Per Occurrence) $13.50/m $14.00/m

15. Street Closure Permit $205.00/each $270.00/each

16. Picnic Table/Waste Receptacles Delivery for Special Events (7 tables & 4 waste receptacles) $250.00 $260.00

17. Permanent Pavement Markings N/A N/A

10 cm wide plastic pavement markings, any colour (fee in 20m increments due to $205.00/20m $390.00/20m spoilage after opening) increments increments

40 cm wide white stop bar $205.00/each $390.00/each

18. Permanent Signage N/A N/A

General – Standard Application $205.00/each $210.00/each

Heritage Application $255.00/each $265.00/each

Stop Sign with Street Name Blade(s) – Standard $410.00/each $425.00/each

Stop Sign with Street Name Blade(s) - Heritage $460.00/each $700.00/each

19. Streetlight Re-Lamping and Cleaning $135.00/each $140.00/each

20. Town Benchmark Contribution (per $12.50/new $13.00/new new residential unit) residential unit residential unit

21. Private Property Parking Enforcement Training $50.00/site $75.00/site

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Town of Whitby Report

Report to: Operations Committee Date of meeting: January 23, 2017 Department: Public Works Department Report Number: PW 06-17 File Number(s): N/A

Report Title: Site Alteration By-law

1. Recommendation:

1. That Report PW 06-17 be received for information;

2. That the Clerk be directed to bring forward a Site Alteration By-law in accordance with the recommendations contained in this report; and

3. That the Commissioner of Public Works be directed to finalize and implement the Site Alteration Guidelines in accordance with the recommendations contained in this report and in the proposed Site Alteration By-law; and

4. That the Commissioner of Public Works be provided with the delegated authority to amend the Site Alterations Guidelines from time to time.

2. Executive Summary: The purpose of this report is to bring forward a proposed site alteration by-law containing revised fill control and site alteration regulations for the municipality.

3. Origin: The Town enacted fill control regulations in 2004 through By-law # 5415-04. In 2006, the fill control regulations were updated through the Town’s current Fill Control By-law # 5849-06. Since that time, there have been changes in best practices for regulation of fill. Over the past decade, the fill industry has been subject to increased regulation in many jurisdictions.

Staff in the Public Works Department have identified the Town’s fill control regulations as insufficient due to exemptions in the current by-law, lack of quality control testing

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requirements, inadequate regulations for the protection of nearby residents, and deficient permit fees to reflect the costs of infrastructure damage from hauled material and to cover staff time for inspections and administration.

Modern fill control regulations focus on environmental protection, infrastructure maintenance, the beneficial reuse of soil, and mitigation of impacts to nearby residents.

4. Background: Fill control and site alterations are regulated through a permit process administered by the Public Works Department. At present, the following matters are regulated through the permit process: • Placing or dumping of fill • Removal or placing of topsoil • Alteration of grade of land • Quality of fill or topsoil at source • Hours of operations/work schedule • Operational details (number of trucks, haul routes, erosion control measures)

The current by-law exempts the following activities from requiring a permit: • Town or Region works • Conditions imposed through a development permit under Section 70.2 of the Planning Act • Work undertaken by an electrical authority under the Electricity Act • Quarry or pit works under the Aggregate Resources Act • Drain construction under the Drainage Act or Tile Drainage Act • Normal agricultural practices, provided topsoil is not for sale or exchange • Activities on lands within a regulated area under the Conservation Authorities Act • Land disturbance associated with minor gardening or landscaping including the installation of residential swimming pools • Removal of topsoil for construction of underground services or utilities provided the topsoil is returned after installation is complete • Removal of topsoil or placing of fill when the quantity on any lot does not exceed 62 cubic meters per hectare in any three month consecutive period

Exemptions: The exemption for removal of topsoil or placing of fill where the quantity does not exceed 62 cubic meters per hectare in any three month period is problematic. This exemption can be exploited and allows persons to continuously place fill on property,

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provided they do not exceed the specified volume limit. This can result in large quantities of fill being placed on property without adequate quality testing and grading control.

Lack of Quality Control Testing: When a permit is required, fill quality is regulated by requiring written confirmation from a qualified person that the materials being moved or placed are not contaminated. Written confirmation is required at the time of permit application. The current regulations do not provide staff with a mechanism to require periodic sampling of materials. This is problematic in instances where information is received identifying potential concerns with fill quality.

Inadequate Protection for Nearby Residents: The current by-law lacks regulations to protect nearby residents from adverse effects of fill hauling. Movement of fill may generate concerns about dust, mud on roads, noise and traffic. At present, the Town’s Noise By-law regulates the hours of operation for a fill site, however additional protections for residents do not exist.

Insufficient Permit Administration Fees: The current by-law prescribes flat rate fill permit fees that are calculated based on the size of the property where fill is placed. Properties less than 1 hectare are charged $500. Properties greater than 1 hectare are charged $750. These flat rate fees do not provide sufficient cost recovery for staff time associated with permit application review and approval.

Fees for Infrastructure Protection and Inspection Activity: The current by-law includes a fee of $1.00/m3 to compensate for the cost of road damage caused by heavy trucks hauling large quantities of material on municipal roads and for cost recovery for staff time incurred during inspections to ensure compliance with permit conditions and/or monitor infrastructure damage. This fee was implemented in November, 2015 through Staff Report LS 10-15. Staff are recommending that this fee be increased to $2.00/m3 to provide better cost recovery and to be consistent with other municipalities in Durham Region. Please see the table on page 10 of this report for a review of the fees charged by other municipalities in the Region.

Public/Industry Consultation Background: Report PW 23-15 was presented to Council on March 30, 2015. This report presented a number of concepts that created the framework for developing updated fill control regulations for the municipality. Additionally, through that report, Council directed staff to host a Public Information Centre (PIC) in April 2015 to present the concepts discussed in the report to interested stakeholders.

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On April 21, 2015 staff hosted a PIC in the Council Chambers. Approximately 20 persons attended the PIC, many of whom worked in the fill industry. Staff presented the general concepts discussed in Report PW 23-15 at the PIC, but did not present the draft by-law as it was incomplete at this point in time. Several constructive comments and ideas were received through the PIC, however the majority of attendees expressed an interest in having an opportunity to comment on the draft by-law, prior to Council approval.

Report LS 06-15 was presented to Council on June 29, 2015. The report presented the draft Site Alteration By-law and requested that Council direct staff to initiate a public/agency consultation process for the draft by-law. At this Council meeting, numerous members of the fill industry provided their comments about the by-law. Upon receipt of the report and based on input from members of the fill industry, Council directed staff to invite public/agency review and feedback on the draft by-law for a period of 90 days.

In response to the Council direction, staff initiated a 90 day public/agency review and comment period for the draft Site Alteration By-law in the fall of 2015.

During the review and comment period staff met with members of the Ministry of the Environment and Climate Change, the Ministry of Municipal Affairs and Housing, the Residential Construction Council of Ontario and the Association of Municipalities of Ontario to discuss the draft by-law and industry best practices. These meetings provided valuable knowledge about the Province’s experience with fill management.

In consideration of the discussions with the Province, the Public Works Department has prepared on a user’s guide for the draft by-law, titled the “Site Alteration Guidelines” (Attachment 3). These guidelines largely incorporate the best management practices recommended by the Province and allow for a clear understanding of the Town’s proposed site alteration regulations while providing industry members with an instructional document which will help guide them through the permit application process. It is the intention of staff to have the Site Alteration Guidelines be a living document, that may be amended from time to time by the Commissioner of Public Works. The Commissioner will have the authority to make minor changes to this document to adjust securities, fees, and other administrative items in order to ensure that the document is current and responsive to local needs.

The public was notified about the proposed by-law through a notice in the local newspaper and the draft by-law and guidelines were posted on the Town’s website. Paper copies of the draft by-law and guidelines were made available at Town Hall.

The draft by-law and guidelines were also circulated to the following organizations:

• Residential Construction Council of Ontario

• Durham Region Heavy Contractors Association

• Ontario Sewer and Watermain Construction Association

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• All Attendees at the April 21, 2015 Public Information Centre

• Town of Whitby Planning and Development Department and Corporate Services Department

• Central Lake Ontario Conservation Authority

• Ministry of the Environment and Climate Change

• Ministry of Municipal Affairs

During the review period, staff worked with the fill industry to address questions and concerns that were identified through the review. On January 7, 2016 staff met with representatives of the fill industry to review the draft by-law and guidelines. During this meeting, members of the industry brought forward concerns about the draft by-law and guidelines which have been addressed, as appropriate, through revisions to these documents. Please see Attachment 2 for an email response from staff to those members of the fill industry who were in attendance at the review meeting on January 7, 2016.

In January, 2014, the Province created a best management practice document for excess soil. Throughout 2016, staff were advised that the Province was considering bringing forward Province-wide fill control regulations. To date, the Province has created an excess soil management policy framework which sets out recommended management practices for soil and fill. The final framework embraces two key goals:

• To protect human health and the environment from inappropriate relocation of excess soil

• To enhance opportunities for the beneficial reuse of excess soil and to reduce greenhouse gas emissions associated with the movement of excess soil

The Province has indicated that they will not be entering into the management of fill at this time and will leave this responsibility with municipalities. They have indicated that they will continue to supply and develop additional tools to assist municipalities in fill management, including the following:

• A by-law language tool has been prepared by the Canadian Urban Institute, with support from the Ministry of Municipal Affairs as a resource for municipalities in developing or updating fill and site alteration by-laws.

• The Ministry of Municipal Affairs has also introduced legislative amendments to the Municipal Act, which includes a proposed change to allow site alteration by- laws to apply in conservation authority regulated areas.

The objective for the Province appears to be encouraging municipalities to allow the beneficial reuse of fill. In basic terms, this concept consists of matching the types of fill from extraction sites with the types of fill at deposit sites. For example, if there is a

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property with a clay soil on its lands, the Province recommends allowing the placement of fill with a similar composition from other sites on these lands. The proposed by-law allows for the beneficial reuse of fill and any permit applications involving the beneficial reuse fill will be considered on their individual merits.

Should the Municipal Act be amended in the future to allow municipal site alteration by- laws to apply in conservation authority regulated areas, an amendment to the proposed by-law will be required in order to implement this change. Also, should the Province bring forward new regulations or best practices that impact site alteration by-laws, staff will review these documents and will bring forward reports to Operations Committee amending by-law if appropriate.

5. Discussion/Options: The proposed Site Alteration By-law contains the following new regulations:

• Elimination of exemptions for small volume site alteration operations, save and except those associated with normal residential uses such as gardening, landscaping or swimming pool construction

• Expanded quality control testing, including the ability for the Commissioner of Public Works to request periodic soil samples in cases where concerns are identified about fill quality

• Restrictions to prohibit the movement of fill during wind warnings or within 24 hours of precipitation in consideration of nearby residents and to prevent the tracking of mud onto roads

• Restrictions on the hours of operation for fill activities in consideration of nearby residents

• Minimum insurance requirements for site alteration activities

• Provisions to regulate wet material (e.g. vacuum trucks)

• Regulated haul routes for fill, including the ability to prohibit the hauling of fill on roads that based on their current condition are structurally insufficient to handle the weight of large trucks

• Requirement that all surveys and grading documents submitted as part of an application be completed by a qualified land surveyor or professional engineer

• Revised fees based on the amount of material/fill hauled (price per cubic meter of material/fill for large-scale material/fill hauling activities)

• Expanded definitions within the by-law

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• Provisions to require the submission of additional financial securities including securities for quality control testing, overfilling, underground water quality monitoring, and traffic directional signage

• Updated administrative provisions within the by-law, including an enhanced penalty and enforcement section

On the following pages, please find a table highlighting the fill control regulations in place in the current by-law contrasted against the proposed changes.

Category Current By-law Proposed By-law

Exemptions Provides exemptions for a Elimination of exemption for small number of activities, many of volume, continuous fill operations, which are required pursuant except those associated with normal to Provincial legislation. residential use.

Quality Control Requires written confirmation Continues to require written Testing at the time of permit confirmation at the time of permit application that material is application and would allow for the not contaminated. Commissioner to require soil sampling if concerns about quality are identified by staff

Resident Requires submission of an Continues with requirement for an Protection erosion/sediment control plan erosion/sediment control plan and and requires fill operations to would allow for staff to set more occur in compliance with the stringent hours of operation in Noise By-law. consideration of nearby residents. Conditions would also be introduced to prohibit fill operations during wind warnings or within 24 hours or precipitation if mud is being tracked onto roads.

Insurance Requires a letter of credit to Continues with requirement for a be submitted. letter of credit and would require applicants to demonstrate insurance coverage to additionally protect the Town in case of environmental or infrastructure damage

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Regulated Haul Requires haul routes and Allows Town staff to prescribe haul Routes construction access points to routes in order to best protect be identified in the permit infrastructure and to mitigate impacts application. on nearby residents.

Documents to The term “qualified person” is Defines a “qualified person” as a be Submitted by not adequately defined in the professional engineer or land a Qualified current by-law. Qualified surveyor and requires that Person persons provide confirmation documents submitted in support of that fill is not contaminated. an application be prepared and approved by the same.

Fees Prescribes a flat fee for the Creates a system of fees to allow for application, inspections and greater cost recovery. Application infrastructure repair. fees will be charged along with a fee per cubic meter of material/earth to reflect costs associated with infrastructure repair and staff inspections.

Regulated Only clean fill and topsoil are Regulates all materials being Types of Fill regulated. deposited on properties including fill, topsoil and wet soils (e.g. vacuum trucks).

Definitions, Penalties section of the by- Updates and harmonizes definitions Administration law is pursuant to the in the by-law for consistency and and Provincial Offences Act. enforceability. Penalties section is Enforcement written in accordance with the Municipal Act, allowing for higher maximum fines in cases of non- compliance.

Proposed Infrastructure/Road Damage Fee As discussed in Report LS 06-15, the proposed Site Alteration By-law will introduce increased infrastructure/road damage fees for large fill operations (greater than 500m3 of material). This fee will be charged in addition to the permit application fee.

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The infrastructure/road damage fee will provide cost recovery for the damage that large fill operations can cause to infrastructure and roads in the Town due to the heavy trucks using municipal infrastructure. The current Fill Control By-law contains an infrastructure/road damage fee of $1.00/m3, however this fee is too low and does not provide adequate cost recovery for the infrastructure damage caused by large fill operations, meaning a portion of this infrastructure damage is borne by the general tax base. Staff are recommending that the infrastructure/road damage fee be increased to $2.00/m3 of hauled material. This fee has been calculated by engineering staff in Public Works and fairly compensates the Town for long-term damages caused to roads by heavy truck traffic accessing a fill operation. The following table shows the infrastructure/road damage fees in place in other Durham Region municipalities in comparison to the current fee charged by the Town:

Municipality Infrastructure/Road Damage Fee

Whitby: $1.00/m3 of hauled material

Ajax: $25.00/hectare involved in site alteration

Brock: $2.00/m3 of hauled material

Clarington: $1.00/m3 of hauled material

Oshawa: $32.00/hectare involved in site alteration

Pickering: $2.00/m3 of hauled material

Scugog: $2.00/m3 of hauled material

Uxbridge: $2.00/m3 of hauled material

Land Development Sites In view land development sites that often commence site alteration works prior to execution of development agreements, staff recommend collecting financial securities (e.g. letter of credit) equivalent to the applicable infrastructure/road damage fee from these applicants in lieu of the infrastructure/road damage fee. These securities would be released provided these applicants enter into development agreements within 2 years of the issue date of the applicable fill permit.

6. Public Communications/Plan:

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Those persons who attended the PIC on April 21, 2015 and the industry consultation meeting on January 7, 2016 have been circulated a copy of this report and have been invited to the Operations Committee meeting on January 23, 2017.

7. Considerations:

7.1 Public The implementation of a new Site Alteration By-law will better protect the environment by improving quality control testing regulations, reduce impacts on nearby residents by introducing dust, mud and traffic controls, and preserve infrastructure by creating fees that are more reflective of costs associated with repairing long term damaged infrastructure caused by hauled material/fill.

7.2 Financial Updated fees for permit applications will result in additional revenue which is more reflective of the cost of infrastructure damage caused by hauled materials. Additional revenues will be applied to road maintenance projects and to offset costs for staff time related to inspections and administration.

7.3 Impact on and input from other Departments/Sources The proposed by-law and draft guidelines have been circulated to the following organizations. The comments received from these organizations have been incorporated into the draft by-law where deemed appropriate by staff.

• Residential Construction Council of Ontario

• Durham Region Heavy Contractors Association

• Ontario Sewer and Watermain Construction Association

• All Attendees at the April 21, 2015 Public Information Centre

• Town of Whitby Planning and Development Department and Corporate Services Department

• Central Lake Ontario Conservation Authority

• Ministry of the Environment and Climate Change

• Ministry of Municipal Affairs

In addition to circulating the draft by-law and guidelines to the organizations named above, a legal review of these documents has been conducted by external counsel and the Commissioner of Legal and By-law Services/Town Solicitor.

7.4 Corporate and/or Department Strategic Priorities

Report to: Operations Committee Report number: PW 06-17 Page 10 of 11

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n/a

8. Summary and Conclusion: The Town enacted fill control regulations in 2004. Since that time, there have been changes in best practices for regulation of fill.

Staff in the Public Works Department have identified the Town’s fill control regulations as insufficient due to exemptions in the current by-law, lack of quality control testing requirements, inadequate regulations for the protection of nearby residents, and deficient permit fees to reflect the costs of infrastructure damage from hauled material and to cover staff time for inspections and administration.

Modern fill control regulations focus on environmental protection, infrastructure maintenance, the beneficial reuse of soil, and mitigation of impacts to nearby residents. The proposed Site Alteration By-law is a modern tool to regulate the movement of fill and alteration of grades.

Attachments: Attachment 1 – Proposed Site Alteration By-law

Attachment 2 – Email from staff to Members of the Fill Industry

Attachment 3 – Site Alteration Guidelines For further information contact:

Alex Lam, Manager of Development Engineering, x2251 Kevin Narraway, Manager of By-law and Animal Services, x2349

Original Approved and Signed.

Suzanne Beale, Commissioner of Public Works, x4311

Original Approved and Signed. Doug Barnes, Interim Chief Administrative Officer, x2211

Report to: Operations Committee Report number: PW 06-17 Page 11 of 11

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Attachment 1 Town of Whitby By-law # XXXX-17

Site Alteration By-law Being a By-law to prohibit or regulate any alteration to the grade (topography) of land and the use of municipal highways through the movement, removal or placement of topsoil, soil or fill within the Town of Whitby. Whereas section 142 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to prohibit or regulate the dumping of fill, removal of topsoil and alteration of grades; And Whereas section 11(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to pass by-law regulating highways, including parking and traffic on highways; And Whereas the Council of The Corporation of the Town of Whitby considers it desirable and necessary to prohibit or regulate the dumping of fill, removal of topsoil and alteration of grades to protect the environment, safeguard infrastructure and mitigate the impact of fill hauling on the Town’s residents; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows:

1. Definitions 1.1 “applicant” means each person who seeks or obtains a permit; 1.2 “contaminated fill” means, 1.2.1 any fill that does not meet the fill quality standards identified in the Site Alteration Guidelines; or 1.2.2 any fill that contains putrescible material; or 1.2.3 bio-solids created by the paper manufacturing process, either in the form of pure paper fiber bio-solids or as mixed with other material to form products known as, “nitro-sorb”, “sound-sorb”, or other products with similar composition; 1.3 “Commissioner” means the Commissioner of Public Works of the Town or their designate; 1.4 “Council” means the Council of The Corporation of the Town of Whitby; 1.5 “dumping” shall be broadly interpreted to include stripping, removing, moving, transporting, importing, exporting or placing of any fill into, out of, or upon lands within the Town; 1.6 “fill” means any type of material deposited or placed on lands, and includes clean fill, soils and topsoils with any water content and other regulated materials include, stone, concrete, construction materials, asphalt, sod, turf,

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or debris either singly or in combination; 1.7 “grade” means the elevation of an existing ground surface, except where the placing or dumping of fill or the alteration of the then existing ground surface has occurred in contravention of this by-law, in which case grade means the elevation of the ground surface as it existed prior to such placing or dumping of fill on, or alteration of the existing ground surface occurring; 1.8 “haul” means to move fill and/or topsoil on Town highways; 1.9 “Haul Route Permit” means a permit issued by the Commissioner pursuant to the provisions of this by-law and the Site Alteration Guidelines for the purpose of moving fill and/or topsoil on Town highways from lands regulated under an approval issued pursuant to Section 28 of the Conservation Authorities Act; 1.10 “officer” means a police officer or a municipal law enforcement officer appointed by the Town for the purpose of enforcing this by-law; 1.11 “owner” means the registered owner of a property and includes, the owner’s representative, a tenant, or the property manager; 1.12 “permit” means a Site Alteration Permit or a Haul Route Permit, as the context requires; 1.13 “permit holder” means an applicant for a permit issued under this by-law and/or the owner of a lot to which a permit issued under this by-law applies; 1.14 “person” means any individual, firm, partnership, company or corporation or any trustee, manager or other person, either individually or jointly with others, owning, occupying or having the management or supervision of any building or property, and shall also include any agent, workman, servant, employee, or authorized representative of such individual, firm, partnership, company or corporation;

1.15 “qualified person” means a licensed professional engineer in the Province of Ontario or licensed surveyor or an environmental consultant approved by the Commissioner possessing expert or special knowledge in regards to matters contained within this by-law; 1.16 “site” means the lands from which it is proposed that material be moved or removed, or subjected to a site alteration and/or land development; 1.17 “site alteration” means dumping, the removal of topsoil from land, or the alteration of the grade of land by any means including placing fill, clearing and grubbing, the compaction of soil or the creation of impervious surfaces, or any combination of these activities; 1.18 “Site Alteration Guidelines” means a document prepared by the Town’s Public Works Department which includes design details and requirements for site alteration permits and haul route permits, which may be amended from time to time; 1.19 “Site Alteration Permit” means a permit issued by the Commissioner pursuant to the provisions of this by-law and the Site Alteration Guidelines for the

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purpose of dumping, removing of topsoil from land, or the alteration of the grade of land by any means including placing fill, clearing and grubbing, the compaction of soil or the creation of impervious surfaces, or any combination of these activities; 1.20 “soil report, on-site” means a soil report prepared by a qualified person attesting to the soil conditions at the location of a site alteration; 1.21 “soil report, source” means a soil report prepared by a qualified person attesting to the soil conditions at the source location(s) of fill for use at the location of a site alteration; 1.22 “topsoil” means those horizons in a soil profile, commonly known as the “O” and the “A” horizons, containing organic material and includes deposits of partially decomposed organic matter such as peat; 1.23 “Town” means The Corporation of the Town of Whitby or the geographic jurisdiction of the Town of Whitby as the context requires; 1.24 “Zoning By-law” means a by-law passed by the Town pursuant to section 34 of the Planning Act and includes Zoning By-law 2585, Zoning By-law 1784 and Oak Ridges Moraine Zoning By-law 5581-05, as amended from time to time, whichever is applicable to any land to which this by-law applies.

2. Interpretation 2.1. Unless otherwise specified, references in this by-law to parts, sections, subsections, clauses and schedules are references to parts, sections, subsections, clauses and schedules in this by-law. 2.2. References in this by-law to any statute or statutory provision include references to that statute or statutory provision as it may from time to time be amended, extended or re-enacted. 2.3. This by-law shall be read with all changes in gender or number as the context requires. 2.4. References in this by-law to items in the plural include the singular, and references to the singular include the plural, as applicable. 2.5. The words “include”, “includes” or “including” are not to be read or interpreted as limiting the words, phrases or descriptions that precede them.

Severability 2.6. If a court of competent jurisdiction declares any section, or any part of any section, of this by-law to be invalid, or to be of no force or effect, it is the intention of the Town that every other provision of this by-law be applied and enforced in accordance with its terms to the extent possible according to law.

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Application 2.7. The provisions of this by-law shall apply to all lands and premises within the Town.

Compliance with Other Laws 2.8. This by-law and the provisions contained within are intended to be complementary to Provincial statutes and to other by-laws passed by Council, in the event that any other applicable law requires a higher standard than this by-law requires, the higher standard shall apply.

Delegated Authority – Site Alteration Guidelines 2.9. The Commissioner is hereby authorized to amend the provisions of the Site Alteration Guidelines, as required.

3. Exempted Activities 3.1. The provisions of this by-law, with respect to the requirement to obtain a Site Alteration Permit and/or Haul Route Permit, do not apply in instances where the placing or dumping of fill, removal of topsoil or alteration of the grade of land is, 3.1.1. undertaken by the Town or a local board of the Town, the Regional Municipality of Durham or any other Federal, Provincial or Regional agency; or 3.1.2. on residential properties for the purpose of swimming pool installations or filling in of swimming pools; or 3.1.3. as a result of repaving of driveways or repaving of parking lots provided that site plan approval has first been obtained; or 3.1.4. imposed as a condition to the approval of a site plan, a plan of subdivision or a consent under Section 41, 51 or 53 respectively, of the Planning Act or as a requirement of a site plan agreement or a subdivision agreement executed and in good standing entered into under the afore-mentioned sections; or 3.1.5. imposed as a condition to a development permit authorized by regulation made under Section 70.2 of the Planning Act, or as a requirement of an agreement entered into and in good standing under that regulation; or 3.1.6. undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, that has been designated under the Aggregate Resources Act or a predecessor of that Act, and on which a pit or quarry is a permitted land use under a by-law passed under Section 34 of the Planning Act; or

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3.1.7. undertaken as an incidental part of drain construction under the Drainage Act or the Tile Drainage Act; or 3.1.8. undertaken in accordance with a permit issued by the Town’s Chief Building Official or designate pursuant to the Building Code Act, 1992, for the erection or demolition of a building or structure, provided that the Commissioner and the Chief Building Official are satisfied that the permit application provides sufficient information to determine compliance with the provisions of this by-law; or 3.1.9. associated with the use, operation, establishment, alteration, enlargement or extension of a waste management system or waste disposal site within the meaning of Part V of the Environmental Protection Act, or a waste, waste disposal or waste management system that is exempted by regulation from Part V of the Environmental Protection Act; or 3.1.10. associated with the construction, extension, alteration, maintenance or operation of works under Section 26 of the Public Transportation and Highway Improvement Act; or 3.1.11. the placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken by a transmitter or distributor, as those terms are defined in Section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section. 3.2. The provisions of this by-law, with respect to the requirement to obtain a Site Alteration Permit and/or Haul Route Permit as described in the Site Alteration Guidelines, do not apply to the extent that topsoil is placed on lands with a residential zoning category pursuant to the applicable zoning by-law, for the purpose of lawn dressing, landscaping or gardening. 3.3. The provisions of this by-law, with respect to the requirement to obtain a Site Alteration Permit and/or Haul Route Permit as described in the Site Alteration Guidelines, do not apply to the placement and/or removal of topsoil as an incidental part of a normal agricultural practices including, sod farming, greenhouse operations and nurseries for horticultural products, but does not include the sale, exchange or other disposition of topsoil. 3.4. The provisions of this by-law, with respect to the requirement to obtain a Site Alteration Permit, do not apply in an area to the extent of any conflict with a regulation made under Section 28 of the Conservation Authorities Act respecting the placing or dumping of fill, removal of topsoil or alteration of the grade of land in such area, however, the remaining provisions of this by-law, including any requirement to obtain a Haul Route Permit remain in effect. 3.5. The provisions of this by-law, with respect to the requirement to obtain a Haul Route Permit, do not apply in cases where a site can be accessed through

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the exclusive use of roads owned by the Region of Durham or Ministry of Transportation. 3.6. The provisions of this by-law do not apply where there is a business use occurring on a property that is involved in the regular import/export of material such as landscaping suppliers, asphalt producers, or aggregate producers, provided that such business has appropriate land-use zoning permissions to operate from the property and provided that the business and the property is in compliance with all other applicable law.

4. Restrictions 4.1. No person shall place, dump or remove fill or topsoil or cause or permit fill or topsoil to be placed, dumped or removed from land except in accordance with the provisions of this by-law and the Site Alteration Guidelines, including any requirement for a Site Alteration Permit and/or Haul Route Permit. 4.2. No person shall alter the grade of any land or cause or permit the alteration of the grade of any land except in accordance with the provisions of this by-law and the Site Alteration Guidelines, including any requirement for a Site Alteration Permit and/or Haul Route Permit. 4.3. No person shall use the Town’s highways for the purpose of moving fill and/or topsoil to or from lands regulated under an approval issued pursuant to Section 28 of the Conservation Authorities Act except in accordance with this by-law and the Site Alteration Guidelines, including any requirement to obtain a Haul Route Permit, as described in this by-law. 4.4. Where a Site Alteration Permit and/or Haul Route Permit has been issued pursuant to this by-law, no permit holder shall, except in accordance with the provisions of the Site Alteration Permit, 4.4.1. place, dump or remove fill or cause or permit fill to be placed, dumped or removed; or 4.4.2. alter the grade of any land or cause or permit the alteration of the grade of any land in the Town. 4.5. No person shall conduct a site alteration or haul route or permit the operation of a site alteration or haul route, 4.5.1. outside of the times permitted for the operation of heavy equipment in the Town’s Noise By-law, as may be amended from time to time; or 4.5.2. during and period in which a wind warning has been issued for the area by Environment Canada; or 4.5.3. within 24 hours after receiving precipitation, unless the operations being performed during this time are completely within the boundaries of the site alteration property or do not result in mud tracking onto the external roadways adjacent to the property.

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5. Permits Site Alteration Permits 5.1. The Commissioner has the authority to issue a Site Alteration Permit where an applicant has satisfied the requirements of this by-law and the Site Alteration Guidelines. 5.2. All applicants for a Site Alteration Permit shall pay the appropriate fees, as identified in the Site Alteration Guidelines, as may be amended from time to time. 5.3. All applicants for a Site Alteration Permit shall submit a completed permit application, including the submission of all required supporting documents, tests, securities and other requirements as described in the Site Alteration Guidelines within a 6 month timeframe from the date of submission of the application form, failing which, the application is deemed to have expired. 5.4. Applicants for a Site Alteration Permit who are unable to comply with the timeframe specified in Section 5.3. of this by-law shall be required to make a new application for a Site Alteration Permit including the payment of applicable fees, and such applicants are not entitled to a refund of any fees paid for with respect to the previous, expired application. 5.5. The Commissioner shall not issue a Site Alteration Permit unless all requirements contained in the Oak Ridges Conservation Plan, and any other regulations made under the Oak Ridges Moraine Conservation Act are complied with within the proposed site alteration. 5.6. The Commissioner shall not issue a Site Alteration Permit if the proposed site alteration activity does not comply with the zoning category for the property, pursuant to the applicable zoning by-law.

Site Alteration Permit Conditions 5.7. Upon issuance of a Site Alteration Permit, and at any point thereafter until the site alteration project is fully complete, the Commissioner may, from time to time, and at the expense of the permit holder, require source soil reports and/or on-site soil reports prepared by a qualified person retained by the Town. 5.8. Should a source soil report and/or on-site soil report referred to in Section 5.7. of this by-law, reveal non-compliance with the approved Site Alteration Permit conditions with respect to fill quality or reveal the presence of contaminated fill, the Commissioner may, at their discretion, suspend the Site Alteration Permit and prohibit the continued dumping and/or removal of fill until such time as a source soil report and/or on-site soil report, as the context requires, is submitted demonstrating that all contaminated fill has been removed from the site alteration location.

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5.9. Site Alteration Permit holders shall, 5.9.1. notify the Commissioner a minimum of two (2) business days prior to the commencement of the site alteration; and 5.9.2. obtain permission in writing from the Commissioner prior to modifying any element of the approved Site Alteration Permit conditions, and 5.9.3. maintain a copy of the Site Alteration Permit on the site at all times; and 5.9.4. notify all sub-contractors and suppliers of the approved haul and access routes to the site and ensure compliance with these instructions; and 5.9.5. maintain all roads in the same or better condition than existed prior to the commencement of the work and keep all roads free of any materials or equipment arising from the work; and 5.9.6. following the completion of the work, and prior to the release of any securities or portion thereof, provide an as-built survey for the fill site and a statement from a professional engineer or Ontario land surveyor certifying that, 5.9.6.1 the grading has been completed in accordance with the plans submitted as part of the permit application; and 5.9.6.2 the finished site alteration project does not detrimentally affect drainage on adjacent properties; and 5.9.6.3 the finished site alteration project does not detrimentally affect the quality or quantity of water in wells on adjacent properties. 5.10. The Commissioner may designate truck routes and trucking schedules as a condition of a Site Alteration Permit in order to minimize impacts to the public and Town infrastructure. 5.11. The Commissioner may require public notification and signage regarding designated truck routes and trucking schedules as a condition of a Site Alteration Permit in order to minimize impacts to the public. 5.12. The Commissioner may require an applicant to hold an information meeting at the expense of the applicant, and at a time and location and in a format approved by the Commissioner. 5.13. The Commissioner may require a Site Alteration Permit holder to install site remediation measures including topsoil, seeding, sodding and the installation

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of berms and landscaping, as necessary, to minimize the visual impact of fill or grade alteration works and to provide for stabilization of altered grades. 5.14. The Commissioner may bring a report to Council discussing a Site Alteration Permit prior to issuing the permit.

Haul Route Permits 5.15. The Commissioner has the authority to issue a Haul Route Permit where an applicant has satisfied the requirements of this by-law and the Site Alteration Guidelines. 5.16. All applicants for a Haul Route Permit shall pay the appropriate fees as identified in the Site Alteration Guidelines, as may be amended from time to time. 5.17. All applicants for a Haul Route Permit shall submit a completed permit application, including the submission of all required supporting documents, securities and other requirements as described in the Site Alteration Guidelines within a 6 month timeframe from the date of submission of the application form, failing which, the application is deemed to have expired. 5.18. Applicants for a Haul Route Permit who are unable to comply with the timeframe specified in Section 5.16. of this by-law shall be required to make a new application for a Haul Route Permit including the payment of applicable fees, and such applicants are not entitled to a refund of any fees paid for with respect to the previous, expired application.

Haul Route Permit Conditions 5.19. Haul Route Permit holders shall, 5.19.1. notify the Commissioner a minimum of 2 business days prior to the commencement of hauling; and 5.19.2. obtain permission in writing from the Commissioner prior to modifying any element of the approved Haul Route Permit conditions, and 5.19.3. notify all sub-contractors and suppliers of the approved haul routes and ensure compliance with these instructions; and 5.19.4. maintain all roads in the same or better condition than existed prior to the commencement of hauling and keep all roads free of any materials or equipment arising from the hauling; and 5.20. The Commissioner may designate truck routes and trucking schedules as a condition of a Haul Route Permit in order to minimize impacts to the public and Town infrastructure.

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5.21. The Commissioner may require public notification and signage regarding designated truck routes and trucking schedules as a condition of a Haul Route Permit in order to minimize impacts to the public. 5.22. The Commissioner may require an applicant for a Haul Route Permit to hold an information meeting at the expense of the applicant, and at a time and location and in a format approved by the Commissioner. 5.23. The Commissioner may bring a report to Council discussing a Site Alteration Permit prior to issuing the permit.

Permit Expiry, Renewal and Transfers 5.24. All permits issued under this by-law shall expire or be renewed in accordance with the terms identified in the Site Alteration Guidelines. 5.25. Permit conditions may be transferred in accordance with the terms identified in the Site Alteration Guidelines.

Permit Refusal, Suspension and Revocation 5.26. The Commissioner may refuse to accept an application for a permit, or may refuse to issue a permit, where in the opinion of the Commissioner, the acceptance of a permit application or the issuance of a permit would not be in the best interests of the Town. 5.27. The Commissioner, in determining whether the acceptance of a permit application or the issuance of a permit would not be in the best interests of the Town, shall consider all the relevant circumstances, including (without limitation): 5.27.1. past performance of the applicant in complying with the provisions of this by-law or any applicable legislation; and 5.27.2. ongoing or past prosecution of the applicant regarding compliance with this by-law or any applicable legislation; and 5.27.3. the number of active permits within the Town or within a geographic area of the Town; and 5.27.4. the condition of public highways which provide access to a proposed area of site alteration, including any planned highway improvements by the Town, the Regional Municipality of Durham, or the Province of Ontario. 5.28. Where the Commissioner refuses to issue a permit, the applicant shall be informed of this decision in writing and the reasons for the refusal. 5.29. The Commissioner shall revoke a permit if,

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5.29.1. the permit was obtained on mistaken, false, incorrect or misleading information; or 5.29.2. the permit was issued in error; or 5.29.3. the permit holder requests in writing that the permit be revoked. 5.30. The Commissioner may suspend and/or revoke a permit if, 5.30.1. the permit holder or any person acting on behalf of the permit holder fails to comply with the conditions of an issued permit made under this by-law; or 5.30.2. the permit holder or any person acting on behalf of the permit holder fails to comply with the provisions of this by-law or with an order issued pursuant to this by-law. 5.31. If a permit is suspended in accordance with the provisions of this by-law, the Commissioner may impose additional conditions on the applicant. Until such time as those conditions are satisfied in the sole discretion of the Commissioner, the permit shall remain suspended. 5.32. If a permit is suspended or revoked in accordance with the provisions of this by-law, then any financial security provided by the applicant may be used or drawn upon by the Town to remedy any non-compliance with the provisions of this by-law, without any further notice to the applicant.

6. Enforcement and Penalties 6.1. This by-law may be enforced by an officer. 6.2. Pursuant to the Municipal Act, 2001, an officer may enter upon any property at any reasonable time without a warrant for the purpose of inspecting a property to determine whether or not there is compliance with the standards prescribed in this by-law. 6.3. When conducting an inspection pursuant to Section 6.2. of this by-law and the Municipal Act, 2001, an officer may, 6.3.1. require the production for inspection of documents or things, including drawings or specifications, that may be relevant to the site alteration, the property or any part thereof; and 6.3.2. inspect and remove documents or things relevant to the property or part thereof for the purpose of making copies or extracts; and 6.3.3. require information from any person concerning a matter related to a property or part thereof; and 6.3.4. be accompanied by a person who has special or expert knowledge in relation to a property or part thereof; and

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6.3.5. alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs for the purposes of the inspection; and 6.3.6. order the owner of the property to take and supply at the owner’s expense such tests and samples as are specified in the order.

Orders 6.4. Pursuant to the Municipal Act, 2001, an officer who finds that a property does not conform with any of the provisions of this by-law may make an order, 6.4.1. stating the municipal address or the legal description of the property; and 6.4.2. giving reasonable particulars of the work, tests, samples required to be completed by the owner, occupant or permit holder or requiring the discontinuance of the site alteration or operation of a haul route by the owner, occupant or permit holder; and 6.4.3. indicating the time for complying with the terms and conditions of the order and giving notice that, if the work is not carried out within that time, the Town may carry out the work at the owner`s expense. 6.5. An order issued pursuant to Section 6.4. of this by-law may be served by personal delivery to the owner or occupant or by sending it by registered mail to the last known address of the owner or the address of the owner as shown on the most recent assessment roll for the premises or by sending it by registered mail to the occupant at the last known address of the occupant. 6.6. Service of an order pursuant to Section 6.5. of this by-law shall be deemed to have been effected on the date that it is delivered personally or three days after it was mailed as the case may be. 6.7. Where an order has been issued and compliance has not been achieved by the date specified in the order, the Town may cause the work set out in the order to be done. 6.8. The Town may recover the costs of doing any work undertaken pursuant to Section 6.7. of this by-law, together with an administration charge equal to 20 percent (20%) of the total costs, from the owner or occupant by legal action or by adding the costs and administration charge to the tax roll and collecting them in the same manner as property taxes. 6.9. No person shall fail to comply with an order.

Penalties 6.10. Every person who fails to comply with an order issued pursuant to this by-law or who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a maximum fine of $100,000.00.

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6.11. In addition to any fine or any other penalty, any person who is convicted of contravening a provision of this By-law, the terms and conditions of a permit issued pursuant to this By-law, or an Order issued pursuant to this By-law and Section 444(1) or 445(1) of the Municipal Act, 2001, may be ordered by a court of competent jurisdiction at the expense of the person to: 6.11.1. Rehabilitate the land; 6.11.2. Remove the fill and/or topsoil placed or dumped; 6.11.3. Restore the grade of the land to its original condition. 6.12. If a person is convicted of an offence for contravening an order to stop the injuring or destruction of trees, the court in which the conviction has been entered, or any court of competent jurisdiction thereafter, may order the person/corporation to rehabilitate the land or plant or replant trees in such manner and within such period as the court considers appropriate, including any silvicultural treatment necessary to re-establish the trees.

7. Short Title 7.1. This by-law may be cited as the Site Alteration By-law.

8. Repeal of Existing By-law 8.1. By-law # 5849-06 is repealed on the day that this by-law comes into full force and effect.

9. Effective Date 9.1. This by-law shall come into full force and effect on April 30, 2017.

10. Transition 10.1 From the date that this by-law is passed until the date that this by-law shall come into full force and effect, no new permits, permit extensions, or permit renewals shall be issued under By-law # 5849-06 by the Town. 10.2 Any permit that has been issued under By-law # 5849-06 which is in effect and in good standing prior to the passage of this by-law shall be deemed to have continued under the provisions and conditions of By-law # 5849-06 and that existing permit, until such time as that permit has expired.

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By-law read and passed this 30th day of January, 2017.

Don Mitchell, Mayor

Chris Harris, Town Clerk

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Attachment 2

From: Narraway, Kevin To: "Alan Durand"; Andy Manahan; Patrick Mcmanus ([email protected]); [email protected]; "[email protected]"; "[email protected]"; "[email protected]" Cc: Lam, Alex; Marouchko, Seva Subject: Site Alteration By-law Public Consultation Meeting - Discussion Points Date: Monday, January 11, 2016 9:01:00 AM

Good morning everyone,

Further to the consultation meeting held at Whitby Town Hall on Thursday, January 7, the purpose of this email is to capture and respond to the discussion points raised during the meeting and to outline the conclusion to the consultation process. Please review the points below and provide any responses, questions or concerns to my attention before January 22, 2016.

· Discussion around scoping the exemptions contained within the draft by-law. As a result of these discussions, the draft by-law will be amended to include exemptions from site alteration permit requirements for repaving of driveways and site plan approved parking lots. Further, an exemption from site alteration permit requirements for business sites that are involved in the regular import/export of material (e.g. landscaping suppliers, asphalt production, aggregate production) will be included in the draft by-law provided that those businesses have appropriate land-use zoning permissions to operate from their sites.

· Discussion around the calculation and application of road replacement costs. As a result of these discussions, the draft by-law will be amended to state that road replacement costs will only be applied in instances where damage is expected to be caused to Town-owned roads, not Regional or Provincial roads. However, the road damage and inspection fee contribution of $2.00/m3 (subject to Council approval) will continue to be collected in all cases.

· Discussion around the financial impacts to users of the by-law in consideration of approved/existing contracts. To respond to this concern, the by-law, should it be adopted by Council, would be phased in with a delayed effective date of 3 months after approval from Town of Whitby Council. It was further indicated by staff that any existing contracts that have been delayed from 2015 to 2016 should have a fill permit taken out now prior to the new by-law coming into force. It was also noted that a list of such projects should be provide to the Town for review on a case by case basis when the by-law is brought forward for Council’s consideration. Please forward listings of any such projects to Alex Lam, Manager of Development Engineering before January 22, 2016.

· Discussion around the transfer of permits to another property or owner. It was determined that the by-law was inconsistent in this regard and as a result, two sections of the by-law (S. 5.7. and 5.19.) which state that permits are non- transferable will be deleted and the section of the by-law which states that permits may be transferred in accordance with the terms of the Site Alteration

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Guidelines will remain.

· Discussion took place around the Town’s commitment to honouring the spirit and intent of the Provincial Best Management Practices document. To solidify the Town’s commitment in this regard, Section 6.2.7 of the Site Alteration Guidelines will be amended to include wording at the end of the section which states, “In consideration of the Province of Ontario’s Best Management Practices document, source soil reports which are prepared and approved by a qualified person and recommend the beneficial re-use of materials in consideration of the land use of a property will be accepted, subject to the Town’s reserved right to have any and all reports peer reviewed at the cost of the applicant.”

· Clarification will be added to the Site Alteration Guidelines to indicate that the total fill volume for a given fill site may be filled from serval source sites and the permit conditions will reflect this fact. As additional source sites are accepted, the permit conditions will be amended.

Town staff are committed to making the above-referenced modifications to the draft by-law and Site Alteration Guidelines. At this point in the process, Town staff will be finalizing the draft by-law and will be drafting an accompanying report to the Town’s Operations Committee which will recommend that Council approve the draft by-law and will outline the consultation process and its results. You will be made aware of the date of the meeting of the Operations Committee and provided with a copy of the staff report in a future email.

Thank you for your time, assistance and involvement in this matter.

Regards,

Kevin

Kevin Narraway, CMO Supervisor, By-law Services Legal and By-law Services Department 905.430.4300 x2349¦[email protected]

Visit the By-law Guide at www.whitby.ca/bylaws

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Attachment 3

Town of Whitby Public Works Department

Guide to Site Alteration Pre-Screening Questionnaire and Site Alteration / Haul Route Permit Application

NOTE: FOR AN ACCESSIBLE VERSION OF THIS DOCUMENT PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT

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Table of contents

Introduction Part 1: Site Location, Owner and Applicant Information Part 2: Exemptions Part 3: Details of Proposed Site Alteration Outside of Exemption Area Part 4: Details of Proposed Site Alteration Inside of CLOCA Regulated Area Part 5: Pre-Screening Summary Part 6: Site Alteration / Haul Route Permit Application Requirements 6.1 Category 1 - Alteration of Grade 6.2 Category 2 - Small Site Alteration 6.3 Category 3 - Medium Site Alteration 6.4 Category 4 - Large Site Alteration 6.5 Category 5 - Haul Route Permit Part 7: Application Fee Part 8: Permit Approval

APPENDIX A: Site Alteration By-Law B: Finanical Requirement Rates C: Engineering Drawing Technical Details D: Securities Estimate E: Town of Whitby Insurance Certificate F: Overfill Penalty Requirements G: Permit Renewal Form H: Permit Suspension Form I: Update Tracking

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Introduction The Town of Whitby Site Alteration By-Law regulates activities related to the alteration of the grade of land, the placing or dumping of fill and / or topsoil, the respective limits and volume of material being imported to, exported from and / or relocated within the subject property and the use of public highways as haul routes. In regulating these activities, four areas of concerns must be addressed: • Potential drainage impact resulting from the site alteration activities; • Environmental concerns related to the quality of material being placed or dumped within Town limits; • Potential nuisance impacts to surrounding residents, such as, noise, dust, traffic, etc.; and, • Degradation and damages to public infrastructures. To accompany the Town’s Site Alteration By-Law, this Guide to Site Alteration Pre- Screening Questionnaire and Site Alteration / Haul Route Permit Application, herein referred to as the ‘Guide’ has been prepared to assist Applicants in completing the Site Alteration Pre-Screening Questionnaire and Site Alteration / Haul Route Permit Application Form, herein referred to as the ‘Permit Application Form’. The various Parts within this Guide correspond to the Parts within the Permit Application Form. Parts 1 to 4 (pre-screening portion) is intended to be completed by the Applicant in order to provide the necessary information for Town Staff to review the proposed scope of works. At this stage, information provided by the Applicant may be in the form of sketches, aerial photos, preliminary CAD (Computer-aided design) drawings to illustrate the area and scope of works. Following review of the provided information within Parts 1 to 4, should a Site Alteration Permit or Haul Route Permit be required, Town Staff will complete Parts 5 to 7 of the Permit Application Form to provide direction to the Applicant in terms of what detailed information and Application Fee must be submitted with a formal Permit Application. Please note that Haul Route Permits will only be required where import and/or export of material originate within a Central Lake Ontario Conservation Authority (CLOCA) regulated area exceeding 500 m3.

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Depending on the proposed type and scope of works, permit requirements have been separated into five (5) different possible categories with differing Application Fees, as follows:

Category Activity Type Criteria Application Fee*

1 Alteration of Grade > 0.15m grade change

(no import or export of material) 3 a) < 100 m $250.00 3 b) 100 – 500 m $500.00 3 > 500 m $1,000.00 c) 3 2 Small Site Alteration < 100 m $250.00 (import and/or export of material)

3 3 Medium Site Alteration 100 – 500 m $500.00 (import and/or export of material)

3 4 Large Site Alteration > 500 m $1,000.00 (import and/or export of material)

3 5 Haul Route Permit > 500 m $1,000.00 (import and/or export of material to CLOCA regulated area)

* Fee amount payable as per Public Works Fee By-Law 7094-16 as amended at the time of payment. Excludes HST. Applicants are directed to the Site Alteration By-Law #####-## (attached as Appendix A) for definitions and specific details regarding Site Alteration activities, permit conditions and enforcement beyond what is provided in this Guide. Where import of material is referenced in this guide, the regulated requirements will also apply to export of material as well. All areas within the Permit Application Form shaded as “For Office Use Only” are to be left blank by the Applicant and will be completed by Town Staff.

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Part 1 - Site Location, Owner and Applicant Information

Part 1 of the Permit Application Form is intended to gather information on the location of the proposed Site Alteration, herein referred to as the ‘subject property’ within the Town of Whitby and relationship to areas regulated by applicable environmental agencies, if any. Confirmation of ownership and Applicant details and their respective relationship, if any, will also be required.

Part 1.1 – Site Location Information The Applicant is to fill in the address information for the subject property on which the Site Alteration is to occur. Additional details and mapping of areas regulated by Central Lake Ontario Conservation (CLOCA) can be found on-line at - http://cloca.ca/regulation/index.php Additional details regarding the limits and requirements of the Oak Ridges Moraine Conservation Plan can be found at - http://www.mah.gov.on.ca/Page322.aspx

Part 1.2 – Owner Information The contact information of the registered Owner of the property shall be filled in. The registered Owner shall review, sign and date the declarations and acknowledgements. Should additional information or documentation be required, please append it to the back of the Permit Application Form. For example, Power of Attorney or Officer of Corporation documents.

Part 1.3 – Applicant Information If the Owner and Applicant are the same person or entity check the box indicating so. If the Owner and Applicant are not the same person or entity, i.e. contractor or agent acting on behalf of the Owner, fill in all required Applicant information, sign and date in the appropriate locations.

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Part 2 - Exemptions Part 2 of the Permit Application Form relates to activities that are exempt from the requirement to obtain a Site Alteration Permit from the Town of Whitby. Applicants are directed to Section 3 of the Site Alteration By-Law #####-## for details of the types of site alteration activities for which an exemption would apply.

Note: Applicants are informed that an exemption from the requirement to obtain a Site Alteration Permit does not exempt them from responsibility, including but not limited to, damage to public roads, negatively affecting surrounding drainage and / or disturbance to adjacent residents and that remedies and penalties for these actions may be enforced under other applicable Town of Whitby By-Laws and Regulations. Documentation (sketches, photographs, description of work, proposed duration, copy of other agency Permit, etc.) to support any of the noted exemptions shall be appended to the back of the Permit Application Form.

Additional information for activities covered under the referenced Acts can be found at the following locations • Planning Act - http://www.ontario.ca/laws/statute/90p13 • Aggregate Resources Act - http://www.ontario.ca/laws/statute/90a08 • Drainage Act - http://www.ontario.ca/laws/statute/90d17 or the Tile Drainage Act - http://www.ontario.ca/laws/statute/90t08 • Building Code Act - http://www.ontario.ca/laws/statute/92b23 • Environmental Protection Act - http://www.ontario.ca/laws/statute/90e19 • Public Transportation and Highway Improvement Act - http://www.ontario.ca/laws/statute/90p50?search=public+transportation +and+highway+improvement+act • A Site Alteration permit is not required for site alteration activities located entirely within the area regulated by the CLOCA and for which a permit under Ontario Regulation 42/06 is required. Web site - http://cloca.ca/regulation/index.php

Part 2.1 – Site Alteration Permit Exemption The Applicant is to provide an initial assessment based on the exemptions listed within Section 3 of the By-Law and, if applicable, identify the corresponding Sub- Section in Part 2.1. Documentation supporting the exemption due to other agreements, conditions, agency permits, qualifications etc. is to be provided by the applicant for review and confirmation by Town staff.

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Part 2.2 – CLOCA Exemption Only The Central Lake Ontario Conservation Authority (CLOCA) regulates activities including the movement and placement or removal of fill within boundaries associated with natural drainage areas adjacent to watercourses and bodies of water. With reference to Exemption Sub-Section 3.4 of the Site Alteration By-Law, if the location of the Site Alteration work is located entirely within the area regulated by CLOCA, a Site Alteration Permit from the Town of Whitby would not be required. In this case approval conditions would be determined and enforced by CLOCA. Notwithstanding the above, if the Site Alteration work located entirely within the CLOCA regulated area involves importing or exporting of material greater than 500m³, a Haul Route Permit will be required as per Sub-Sections 5.15 to 5.23 of the Site Alteration By-Law. In addition, securities and fees related to road condition and damage will be required as identified within the Public Works Fee By-Law 7094-16, as amended. In this case, Part 4 of the Permit Application Form shall be completed by the Applicant. For Site Alteration work that is located partially within and partially outside of the CLOCA regulated area a parallel process will be completed: • For works located within CLOCA regulated area, the process has been noted in the preceding paragraphs; and, • For works outside of the CLOCA regulated area, Part 3 shall be completed and assessed as part of a normal Site Alteration Pre-Screening. Applicants are to note that any Town of Whitby permit, security or fee requirements resulting from the above items are in addition to those administered or charged by CLOCA. Part 2.3 – Declaration and Indemnification The Applicant will be required to review and sign the Declaration and Indemnification in Part 2.3 if, following the review and evaluation of the documentation provided by the Applicant, Town staff confirms that: 1. an exemption (Part 2.1) is in order; or, 2. a Site Alteration Permit is not required due to the proposed work being an alteration of grade only and being less than 0.15m in depth (Part 3.3) with no drainage impact to surrounding properties.

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Part 3 and Part 4 - Details of Proposed Site Alteration If no exemption applies to the proposed site alteration work, a Site Alteration Permit may be required. At this stage additional information will be required from the Applicant to facilitate further evaluation and processing of the Pre-Screening Questionnaire. As per Part 2.2, details of the proposed site alteration work within the CLOCA regulated area involving importing or exporting of material greater than 500 m3 are to be provided in Part 4 to determine the requirements of the required Haul Route Permit.

The Applicant is to provide details of the proposed site alteration activity, substantiate how the site alteration activity complies with the zoning for the property, material type, source and volume, proposed haul route within the Town of Whitby and the approximate schedule for the movement of material within, to or from the site as itemized in Parts 3 and 4 of the Permit Application Form. This information should be as detailed as possible to allow Town staff to complete an evaluation of the proposed operation and to determine if a Site Alteration Permit is required, and if so, to determine the Category of permit required.

Part 3.1 – Compliance with Zoning Requirement The proposed site alteration activity(s) must be suitable for the current zoning of the property, as defined within the applicable Town of Whitby Zoning By-Law. If the proposed site alteration activity does not comply with the zoning category for the property, a Site Alteration Permit cannot be issued. The Applicant may direct questions to the Town of Whitby Planning Department or can access the Town’s website for further information on the existing zoning for a particular parcel of land.

For purposes of flattening (levelling off) a subject property in order to improve drainage and use, the overall drainage pattern for the surrounding area must be maintained. Grading within the subject property will generally be limited to the following maximums:

• Adjacent to the high side of the subject property, the final elevations shall generally be limited to 1 meter above the adjacent centreline of road and/or property limit;

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• In order to reduce the visual impact to the surrounding area, the site alteration grades around the perimeter of the subject property shall be limited to a maximum of 10 horizontal to 1 vertical (10:1) from the property limit. It is noted that the sloping may be increased to a maximum of 3:1 by starting the bottom of slope further into the subject property, in this case, no elevation shall exceed the 10:1 plane starting from the property limit.

• From the regraded high point of the subject property, grades shall generally be limited to between 2% to 5% throughout the remainder of the property. Sloping to match property limits may be permitted to a maximum of 10:1.

Part 3.2 and Part 4.2 – Material Type and Volume Applicants are to indicate the type(s) of material that they propose to move to, from or within the site and to provide an estimated volume, in cubic meters, of each type. The estimated gross volume of vacuum truck excavation material is to be calculated as noted below. NOTE: Applicants are advised that vacuum truck excavation shall be estimated at 25% solid material, 75% liquid, i.e. the gross total volume of material to be imported, and the resultant fees to be paid under the Site Alteration / Haul Route Permit, will be based on a calculation of four (4) times the measurable solid material left on site as determined by the post-alteration survey. Part 3.3 – Alteration of Grade Only (No Import or Export) If the proposed Site Alteration activity is restricted to the movement of material on- site, an estimate of the depth of material to be moved is to be provided by the Applicant. This should be based on the volume estimates provided in Part 3.2 and the overall area of the proposed site alteration activity. Town staff will confirm whether or not the area and volume estimates equate to a depth above or below 0.15m. Provided the Site Alteration is below 0.15m in depth, and in an area on-site where surrounding drainage is not impacted by the proposed site alteration activity, a Permit will not be required and the Applicant will be required to review and sign the Declaration and Indemnification in Part 2.3.

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Part 3.5 and Part 4.5 – Road Condition and Haul Route Assessment The Town of Whitby’s interest in the proposed haul route relates to the use of roads consisting of either low class bituminous or poor condition high class bituminous surfaces, roads with geometric deficiency concerns for the proposed hauling, as well as access routes that pass through or adjacent to residential areas, noise and dust impacts due to truck traffic and safety of all road users i.e. local traffic, pedestrians, cyclists etc. To address these aspects of a site alteration activity, the ‘road condition’ item will require an assessment of the suitability of existing Town of Whitby roads as haul routes for the importing / exporting of material to or from a Site Alteration site. Low Class Bituminous (LCB) roads generally cannot withstand wheel loads associated with trucking operations for large (i.e. Category 4 and 5) fill operations. Similarly, high class bituminous (HCB) roads that are in poor condition may not be able to support the resultant truck traffic without shortening the remaining service life of the road. If approved, damage from these trucking operations could result in the need for significant maintenance or full reconstruction of the road sooner than required under normal traffic conditions. In all cases, Town staff will complete an evaluation of the Town of Whitby roads identified as part of the haul route to the location of the proposed site alteration. If it is determined that the roads will not support the projected trucking activity, the Applicant will be required to pay a Road Replacement Fee which will cover the cost to reconstruct the roadway following completion of the trucking activities. If any part of the proposed haul route is deemed to pose an immediate safety concern to the general public, hauling will not be permitted until the safety concern is rectified at the Applicants cost. With the completion of Parts 1 to 4 (pre-screening portion) by the Applicant, Town staff will review the proposed haul route. If a Road Replacement Fee is required, the cost will be provided to the Applicant. The Applicant will be required to provide confirmation of their intention to proceed with a Permit Application in order for the Town to continue processing of the pre-screening portion of the Permit Application Form. (See Appendix B for Road Replacement Fee amounts)

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Part 3.6 and Part 4.6 – Proposed Work Schedule Standard Permit Term and One Time Permit Renewal A Site Alteration / Haul Route Permit is valid for the six (6) month time period following the date on which the Permit is issued. Should additional time be required to complete the approved scope of works, the Permit may be renewed one (1) time for a further six (6) month period subject to the submission of documentation noted in Part 8 of this Guide. Please note that the estimated average and maximum truck loads per day are to reflect activities on days with actual hauling. Permit Suspension (placed on hold) Recognizing that some sites may be inactive over the winter months, a Permit may be suspended once for a period of up to six months. A written request shall be provided to and approved by the Public Works Department for the Permit Suspension Request. (See Part 8 for further details) Multi-term Permit If an Applicant expects that the overall timeframe for the Site Alteration activity will occur over an extended time period, a multi-term permit may be requested. The multi-term permit will be subject to receiving approval from the Council of the Town of Whitby prior to issuance. Town staff reporting and Council approval would occur similar to that required under Part 3.4 and Part 4.4 above. In this instance, the time duration entered in Part 3.6 or Part 4.6 should cover the entire time period over which site alteration work is proposed to occur. Part 3.7 and Part 4.7 – Other Relevant Information Applicants may provide any other information or documentation they deem relevant not already covered in Parts 1 to 4 of the permit application form that may be of assistance to the Town during the review and evaluation of the Pre-Screening Questionnaire.

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Part 5 – Pre-Screening Summary Upon completion of Parts 1 – 4 as required, Town staff will complete Part 5. Based on the information submitted within and in support of the Site Alteration Pre- Screening Questionnaire, Town of Whitby staff will fill in the applicable information and make a final determination regarding the need for, and the Category of Permit required, as well as any additional approval process that would be required prior to the issuance of the Permit. If a Site Alteration Permit is not required, Part 5.1 will be completed and the Applicant will be required to review and sign Part 2.3. If a Site Alteration Permit cannot be issued, Part 5.2 will be completed to identify the reason for the denial. Additional information regarding this aspect is also contained within Section 5 of the Site Alteration By-Law. If a Site Alteration Permit is required, the information provided in Parts 3.2 and 3.3 will be used to determine the Category of Site Alteration Permit required. Part 5.3 and Part 6 will be completed to provide direction to the Applicant in terms of what detailed information and Application Fee must be submitted with a formal Permit Application. If a Haul Route Permit is required, either separately or in addition to a Site Alteration Permit, Part 5.4 and Part 6 will be completed to provide direction to the Applicant in terms of what detailed information and Application Fee must be submitted with a formal Permit Application.

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Part 6 – Site Alteration / Haul Route Permit Application Requirements Upon completion of Parts 1 to 4, Town staff will be able to provide guidance on which Category of Site Alteration / Haul Route Permit will be required and what supporting documents are to be provided. These items will be identified in Part 6 of the Application form. A detailed listing of the submission requirements for each of the five (5) categories of Site Alteration / Haul Route Permit is provided and explained in the following pages. Additional technical information related to submission requirements is included in Appendix C through F.

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6.1 Category 1 – Alteration of Grade (> 0.15m grade change, no import or export of material) The following requirements shall be provided at the time of Formal Permit Application. 6.1.1 Completed Permit Application Form The Applicant shall submit the completed Permit Application Form and to confirm that “Required” items listed in Part 6 have been included with the application package. 6.1.2 Application Fee The applicable Application Fee (noted in Part 7) in accordance to the Public Works Fees By-Law 7094-16 as amended will be required prior to processing of the Permit Application. Excerpt of the Public Works Fees By-Law related to activities regulated under the Site Alteration By-Law has been included in Appendix B. 6.1.3 Compliance with Oak Ridges Moraine Conservation Plan Documentation indicating compliance with the ORMCP is required when any portion of the proposed site alteration work area is within the ORMCP regulated area. 6.1.4 Letter / Brief A letter/brief containing the following information that describes the purpose and scope of the site alteration works, shall be submitted in support of the Site Alteration Permit Application: a) Summary of the proposed works, • including a detailed schedule of the anticipated starting and completion dates of each site alteration activity; b) Description of the erosion control measures, including: • the location, dimensions, design details and design calculations of all site erosion control measures that may be necessary to minimize the impact of the proposed site alteration; • the provision for maintenance and repair of erosion control measures for both the removal and dumping sites and the continuous monitoring thereof; • the name and 24-hour contact telephone number of the person responsible for the monitoring and maintenance of the on-site erosion control programs; c) Description of mud tracking and dust control programs; and, d) Description of existing and proposed drainage patterns.

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The letter/brief shall be supplemented with drawing requirements noted below. 6.1.5 Engineering Sketches / Drawings Various sketches and/or Engineering Drawings will be required to illustrate the proposed works and its effect on the surrounding area. Typical submissions will include, but not limited to, the following drawings: a) Grading Plan, including pre-alteration survey of the site; b) Cut/Fill Plan; and, c) Erosion Control Plan. Sketches: Sketches may be submitted for permit application involving less than 500 m3 of material, photos of the proposed site and alternation area may also be submitted. Town staff may conduct a site visit in order to evaluate the appropriateness of the sketches in capturing the scope of the proposed works. If it is determined that Engineering Drawings are required to properly illustrate the proposed scope of works, the Applicant will be required to submit full Engineering Drawings as noted below. Engineering Drawings: Engineering Drawings shall be prepared by a Professional Engineer licensed to practice Engineering in the Province of Ontario. All drawings shall be produced on CAD (Computer-aided design), stamped and sealed by the Engineer. Additional technical details have been provided in Appendix C. 6.1.6 Security Estimate Financial security will be required to ensure compliance with the various permit requirements. The total required security amount will typically include the following items: a) On-site controls: • erosion control measures; • drainage control measures; and, • mud tracking and dust control programs. b) Immediate road damage Additional details related to security estimate requirements have been provided in Appendix D. 6.1.7 Source Soil Report – Not required 6.1.8 Underground Water Monitoring Program – Not required 6.1.9 Other items

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Town staff will advise if additional submission requirements may be necessary to address specific concerns with the proposed permit application. The following requirements shall be satisfied prior to Permit Issuance. 6.1.10 Council Approval – Not required 6.1.11 Certificate of Insurance A minimum $2,000,000 in liability coverage and naming the Town as an additional insured will be required. (See Appendix E for the Town’s standard insurance form). 6.1.12 Financial Securities Financial security in a form acceptable to the Town of Whitby, cash or letter of credit, as calculated in Part 6.1.6 above shall be provided by the Applicant. 6.1.13 Road Damage Contribution / Inspection Fee – Not required 6.1.14 Road Replacement Fee – Not required The following requirements shall be satisfied subsequent to Permit Issuance 6.1.15 On-Site Soil Testing Report / Certification – Not required 6.1.16 Underground Water Monitoring Report / Certification – Not required 6.1.17 Post-Alteration Surveys The Applicant will be required to demonstrate to the Town’s satisfaction that the proposed site alternation works have been carried out in accordance with the approved proposal and that no impact to surrounding drainage has resulted from the site alternation works. For site alteration involving less than 500m3, photos provided by the Applicant and / or site visit by Town staff may be sufficient. Should impact to surrounding drainage be suspected, at the Town’s request, the Applicant shall be required to provide a post-alteration survey completed by a Licensed Land Surveyor. 6.1.18 Other items Any additional permit requirements as needed based on the specific proposed site alternation will be included in a cover letter from the Town to accompany the approved permit.

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6.2 Category 2 – Small Site Alteration (import and/or export of material < 100m³) The following requirements shall be provided at the time of Formal Permit Application. 6.2.1 Completed Permit Application Form The Applicant shall submit the completed Permit Application Form and to confirm that “Required” items listed in Part 6 have been included with the application package. 6.2.2 Application Fee The applicable Application Fee (noted in Part 7) in accordance to the Public Works Fees By-Law 7094-16 as amended will be required prior to processing of the Permit Application. Excerpt of the Public Works Fees By-Law related to activities regulated under the Site Alteration By-Law has been included in Appendix B. 6.2.3 Compliance with Oak Ridges Moraine Conservation Plan Documentation indicating compliance with the ORMCP is required when any portion of the proposed site alteration work area is within the ORMCP regulated area. 6.2.4 Letter / Brief A letter/brief containing the following information that describes the purpose and scope of the site alteration works, shall be submitted in support of the Site Alteration Permit Application: a) Summary of the proposed works, including: • a detailed schedule of the anticipated starting and completion dates of each site alteration activity; • a plan of proposed external haul routes, number of truck loads per day, and daily schedule for hauling; • a plan showing signage as necessary; b) Description of the erosion control measures, including: • the location, dimensions, design details and design calculations of all site erosion control measures that may be necessary to minimize the impact of the proposed site alteration; • the provision for maintenance and repair of erosion control measures for both the removal and dumping sites and the continuous monitoring thereof;

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• the name and 24-hour contact telephone number of the person responsible for the monitoring and maintenance of the on-site erosion control programs; c) Description of mud tracking and dust control programs; and, d) Description of existing and proposed drainage patterns. The letter/brief shall be supplemented with drawing requirements noted below. 6.2.5 Engineering Sketches / Drawings Various sketches and/or Engineering Drawings will be required to illustrate the proposed works and its effect on the surrounding area. Typical submissions will include, but not limited to, the following drawings: a) Grading Plan, including pre-alteration survey of the site; b) Cut/Fill Plan; and, c) Erosion Control Plan. Sketches: Sketches may be submitted for permit application involving less than 500 m3 of material, photos of the proposed site and alternation area may also be submitted. Town staff may conduct a site visit in order to evaluate the appropriateness of the sketches in capturing the scope of the proposed works. If it is determined that Engineering Drawings are required to properly illustrate the proposed scope of works, the Applicant will be required to submit full Engineering Drawings as noted below. Engineering Drawings: Engineering Drawings shall be prepared by a Professional Engineer licensed to practice Engineering in the Province of Ontario. All drawings shall be produced on CAD (Computer-aided design), stamped and sealed by the Engineer. Additional technical details have been provided in Appendix C. 6.2.6 Security Estimate Financial security will be required to ensure compliance with the various permit requirements. The total required security amount will typically include the following items: a) On-site controls: • erosion control measures; • drainage control measures; and, • mud tracking and dust control programs. b) Immediate road damage c) Overfilling security

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In consideration of the Province of Ontario's Best Management Practices document, source soil reports which are prepared and approved by a qualified person and recommend the beneficial re-use of materials in consideration of the land use of a property will be accepted, subject to the Town's reserved right to have any and all reports peer reviewed at the cost of the applicant.

6.2.8 Underground Water Monitoring Program The purpose of the Underground Water Monitoring Program is to ensure that fill activities associated with Site Alteration activities will not adversely affect the quality of underground water. The Underground Water Monitoring Program shall be used for any Site Alteration activity that involves material with high water content (vacuum truck excavation material).

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Underground Water Monitoring Program shall be developed by a qualified person and shall include time frame, design/construction of monitoring wells and ground water sampling/testing schedule to ensure quality control of the underground waters. A qualified person (Applicant’s consultant) shall provide, as specified in the Underground Water Monitoring Program, a certification to the Town that the underground water quality has not been impacted by the fill activity.

It is the Applicant’s consultant responsibility to address any provisions/requirements of the Source Water Protection Act, if applicable. 6.2.9 Other items Town staff will advise if additional submission requirements may be necessary to address specific concerns with the proposed permit application. The following requirements shall be satisfied prior to Permit Issuance. 6.2.10 Council Approval – Not required 6.2.11 Certificate of Insurance A minimum $2,000,000 in liability coverage and naming the Town as an additional insured will be required. (See Appendix E for the Town’s standard insurance form). 6.2.12 Financial Securities Financial security in a form acceptable to the Town of Whitby, cash or letter of credit, as calculated in Part 6.2.6 above shall be provided by the Applicant. 6.2.13 Road Damage Contribution / Inspection Fee An initial Road Damage Contribution / Inspection Fee will not be required for this Category of Site Alteration Permit. However should overfilling beyond 500m3 occur, an overfilling penalty will be required based on volume calculated from the post-alteration survey. Refer to Appendix F for overfill penalty requirements. 6.2.14 Road Replacement Fee – Not required The following requirements shall be satisfied subsequent to Permit Issuance 6.2.15 On-Site Soil Testing Report / Certification Not required unless otherwise specified in the accepted source soil report(s) in Part 6.2.7. 6.2.16 Underground Water Monitoring Report / Certification Refer to the accepted Underground Water Monitoring Program in Part 6.2.8 for reporting and certification requirements.

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6.2.17 Post-Alteration Surveys The Applicant will be required to demonstrate to the Town’s satisfaction that the proposed site alternation works have been carried out in accordance with the approved proposal and that no impact to surrounding drainage has resulted from the site alternation works. For site alteration involving less than 500m3, photos provided by the Applicant and / or site visit by Town staff may be sufficient. Should impact to surrounding drainage or overfilling be suspected, at the Town’s request, the Applicant shall be required to provide a post-alteration survey completed by a Licensed Land Surveyor and a cut/fill analysis to confirm the quantity of material imported/exported. (Pre-alteration ground elevations may be interpolated from the surrounding undisturbed ground or readily available topographic mapping). 6.2.18 Other items Any additional permit requirements as needed based on the specific proposed site alternation will be included in a cover letter from the Town to accompany the approved permit.

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6.3 Category 3 – Medium Site Alteration (import and/or export of material 100m³ – 500m³) The following requirements shall be provided at the time of Formal Permit Application. 6.3.1 Completed Permit Application Form The Applicant shall submit the completed Permit Application Form and to confirm that “Required” items listed in Part 6 have been included with the application package. 6.3.2 Application Fee The applicable Application Fee (noted in Part 7) in accordance to the Public Works Fees By-Law 7094-16 as amended will be required prior to processing of the Permit Application. Excerpt of the Public Works Fees By-Law related to activities regulated under the Site Alteration By-Law has been included in Appendix B. 6.3.3 Compliance with Oak Ridges Moraine Conservation Plan Documentation indicating compliance with the ORMCP is required when any portion of the proposed site alteration work area is within the ORMCP regulated area. 6.3.4 Letter / Brief A letter/brief containing the following information that describes the purpose and scope of the site alteration works, shall be submitted in support of the Site Alteration Permit Application: a) Summary of the proposed works, including: • a detailed schedule of the anticipated starting and completion dates of each site alteration activity; • a plan of proposed external haul routes, number of truck loads per day, and daily schedule for hauling; • a plan showing signage as necessary; b) Description of the erosion control measures, including: • the location, dimensions, design details and design calculations of all site erosion control measures that may be necessary to minimize the impact of the proposed site alteration; • the provision for maintenance and repair of erosion control measures for both the removal and dumping sites and the continuous monitoring thereof;

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• the name and 24-hour contact telephone number of the person responsible for the monitoring and maintenance of the on-site erosion control programs; c) Description of mud tracking and dust control programs; and, d) Description of existing and proposed drainage patterns. The letter/brief shall be supplemented with drawing requirements noted below. 6.3.5 Engineering Sketches / Drawings Various sketches and/or Engineering Drawings will be required to illustrate the proposed works and its effect on the surrounding area. Typical submissions will include, but not limited to, the following drawings: a) Grading Plan, including pre-alteration survey of the site; b) Cut/Fill Plan; and, c) Erosion Control Plan. Sketches: Sketches may be submitted for permit application involving less than 500 m3 of material, photos of the proposed site and alternation area may also be submitted. Town staff may conduct a site visit in order to evaluate the appropriateness of the sketches in capturing the scope of the proposed works. If it is determined that Engineering Drawings are required to properly illustrate the proposed scope of works, the Applicant will be required to submit full Engineering Drawings as noted below. Engineering Drawings: Engineering Drawings shall be prepared by a Professional Engineer licensed to practice Engineering in the Province of Ontario. All drawings shall be produced on CAD (Computer-aided design), stamped and sealed by the Engineer. Additional technical details have been provided in Appendix C. 6.3.6 Security Estimate Financial security will be required to ensure compliance with the various permit requirements. The total required security amount will typically include the following items: a) On-site controls: • erosion control measures; • drainage control measures; and, • mud tracking and dust control programs. b) Immediate road damage c) Overfilling security

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d) As required, underground water monitoring program for importing of high water content fill (vaccum truck excavation material) Additional details related to security estimate requirements have been provided in Appendix D. 6.3.7 Source Soil Report Soil Report(s) for all source sites shall be provided by the Applicant. Where generic soil reports for source sites are provided to the Applicant, the Applicant shall have his consultant review the report(s) and provide the Town with a summary report. The submitted reports must contain the following: a) be prepared by a qualified person and shall contain a description of the proposed material, including a list of the sources and geotechnical reports as to content and quality of the proposed material; b) certify that the material being used contains no contaminated material and that the material meets MOE Table 1 Standards; or, c) contains recommendations for the proper handling of all source material that is outside of MOE Table 1 Standards as well as on-site inspection and monitoring requirements to ensure that the recommended methods are implemented; and, d) confirmation of no adverse impacts to surrounding properties from the imported material. Applicants are to note that since the Town of Whitby does not have in-house geotechnical expertise there will be a reliance on the Applicant’s geotechnical consultant to provide comprehensive information and recommendations regarding both source and on-site soil conditions, on-site inspection and monitoring of the site alteration activities. The Town reserves the right to have the geotechnical reports, and recommendations etc. peer reviewed at the Applicant’s cost. 6.3.8 Underground Water Monitoring Program The purpose of the Underground Water Monitoring Program is to ensure that fill activities associated with Site Alteration activities will not adversely affect the quality of underground water. The Underground Water Monitoring Program shall be used for any Site Alteration activity that involves material with high water content (vacuum truck excavation material). Underground Water Monitoring Program shall be developed by a qualified person and shall include time frame, design/construction of monitoring wells and ground water sampling/testing schedule to ensure quality control of the underground waters. A qualified person (Applicant’s consultant) shall provide, as specified in the Underground Water Monitoring Program, a certification to the Town that the underground water quality has not been impacted by the fill activity.

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It is the Applicant’s consultant responsibility to address any provisions/requirements of the Source Water Protection Act, if applicable. 6.3.9 Other items Town staff will advise if additional submission requirements may be necessary to address specific concerns with the proposed permit application. The following requirements shall be satisfied prior to Permit Issuance. 6.3.10 Council Approval – Not required 6.3.11 Certificate of Insurance A minimum $2,000,000 in liability coverage and naming the Town as an additional insured will be required. (See Appendix E for the Town’s standard insurance form). 6.3.12 Financial Securities Financial security in a form acceptable to the Town of Whitby, cash or letter of credit, as calculated in Part 6.3.6 above shall be provided by the Applicant. 6.3.13 Road Damage Contribution / Inspection Fee An initial Road Damage Contribution / Inspection Fee will not be required for this Category of Site Alteration Permit. However should overfilling beyond 500m3 occur, an overfilling penalty will be required based on volume calculated from the post-alteration survey. Refer to Appendix F for overfill penalty requirements. 6.3.14 Road Replacement Fee – Not required The following requirements shall be satisfied subsequent to Permit Issuance 6.3.15 On-Site Soil Testing Report / Certification Not required unless otherwise specified in the accepted source soil report(s) in Part 6.3.7. 6.3.16 Underground Water Monitoring Report / Certification Refer to the accepted Underground Water Monitoring Program in Part 6.3.8 for reporting and certification requirements. 6.3.17 Post-Alteration Surveys The Applicant will be required to demonstrate to the Town’s satisfaction that the proposed site alternation works have been carried out in accordance with the approved proposal and that no impact to surrounding drainage has resulted from the site alternation works. For site alteration involving less than 500m3, photos provided by the Applicant and / or site visit by Town staff may be sufficient. Should impact to surrounding drainage or overfilling be suspected, at the Town’s request, the Applicant shall

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be required to provide a post-alteration survey completed by a Licensed Land Surveyor and a cut/fill analysis to confirm the quantity of material imported/exported. (Pre-alteration ground elevations may be interpolated from the surrounding undisturbed ground or readily available topographic mapping). 6.3.18 Other items Any additional permit requirements as needed based on the specific proposed site alternation will be included in a cover letter from the Town to accompany the approved permit.

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6.4 Category 4 – Large Site Alteration (import and/or export of material > 500m³) The following requirements shall be provided at the time of Formal Permit Application. 6.4.1 Completed Permit Application Form The Applicant shall submit the completed Permit Application Form and to confirm that “Required” items listed in Part 6 have been included with the application package. 6.4.2 Application Fee The applicable Application Fee (noted in Part 7) in accordance to the Public Works Fees By-Law 7094-16 as amended will be required prior to processing of the Permit Application. Excerpt of the Public Works Fees By-Law related to activities regulated under the Site Alteration By-Law has been included in Appendix B. 6.4.3 Compliance with Oak Ridges Moraine Conservation Plan Documentation indicating compliance with the ORMCP is required when any portion of the proposed site alteration work area is within the ORMCP regulated area. 6.4.4 Letter / Brief A letter/brief containing the following information that describes the purpose and scope of the site alteration works, shall be submitted in support of the Site Alteration Permit Application: a) Summary of the proposed works, including: • a detailed schedule of the anticipated starting and completion dates of each site alteration activity; • a plan of proposed external haul routes, number of truck loads per day, and daily schedule for hauling; • a plan showing signage as necessary; b) Description of the erosion control measures, including: • the location, dimensions, design details and design calculations of all site erosion control measures that may be necessary to minimize the impact of the proposed site alteration; • the provision for maintenance and repair of erosion control measures for both the removal and dumping sites and the continuous monitoring thereof;

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• the name and 24-hour contact telephone number of the person responsible for the monitoring and maintenance of the on-site erosion control programs; c) Description of mud tracking and dust control programs; and, d) Description of existing and proposed drainage patterns. The letter/brief shall be supplemented with drawing requirements noted below. 6.4.5 Engineering Sketches / Drawings Various sketches and/or Engineering Drawings will be required to illustrate the proposed works and its effect on the surrounding area. Typical submissions will include, but not limited to, the following drawings: a) Grading Plan, including pre-alteration survey of the site; b) Cut/Fill Plan; and, c) Erosion Control Plan. Engineering Drawings: Engineering Drawings prepared by a Professional Engineer licensed to practice Engineering in the Province of Ontario will be required for permit application involving more than 500 m3 of material. All drawings shall be produced on CAD (Computer-aided design), stamped and sealed by the Engineer. Additional technical details have been provided in Appendix C. 6.4.6 Security Estimate Financial security will be required to ensure compliance with the various permit requirements. The total required security amount will typically include the following items: a) On-site controls: • erosion control measures; • drainage control measures; and, • mud tracking and dust control programs. b) Immediate road damage c) Overfilling security d) As required, underground water monitoring program for importing of high water content fill (vaccum truck excavation material) e) Traffic and/or site alteration project signage f) On-site soil testing and peer review of any documents related to the permit

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Additional details related to security estimate requirements have been provided in Appendix D. 6.4.7 Source Soil Report Soil Report(s) for all source sites shall be provided by the Applicant. Where generic soil reports for source sites are provided to the Applicant, the Applicant shall have his consultant review the report(s) and provide the Town with a summary report. The submitted reports must contain the following: a) be prepared by a qualified person and shall contain a description of the proposed material, including a list of the sources and geotechnical reports as to content and quality of the proposed material; b) certify that the material being used contains no contaminated material and that the material meets MOE Table 1 Standards; or, c) contains recommendations for the proper handling of all source material that is outside of MOE Table 1 Standards as well as on-site inspection and monitoring requirements to ensure that the recommended methods are implemented; and, d) confirmation of no adverse impacts to surrounding properties from the imported material. Applicants are to note that since the Town of Whitby does not have in-house geotechnical expertise there will be a reliance on the Applicant’s geotechnical consultant to provide comprehensive information and recommendations regarding both source and on-site soil conditions, on-site inspection and monitoring of the site alteration activities. The Town reserves the right to have the geotechnical reports, and recommendations etc. peer reviewed at the Applicant’s cost. 6.4.8 Underground Water Monitoring Program The purpose of the Underground Water Monitoring Program is to ensure that fill activities associated with Site Alteration activities will not adversely affect the quality of underground water. The Underground Water Monitoring Program shall be used for any Site Alteration activity that involves material with high water content (vacuum truck excavation material). Underground Water Monitoring Program shall be developed by a qualified person and shall include time frame, design/construction of monitoring wells and ground water sampling/testing schedule to ensure quality control of the underground waters. A qualified person (Applicant’s consultant) shall provide, as specified in the Underground Water Monitoring Program, a certification to the Town that the underground water quality has not been impacted by the fill activity. It is the Applicant’s consultant responsibility to address any provisions/requirements of the Source Water Protection Act, if applicable.

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6.4.9 Other items Town staff will advise if additional submission requirements may be necessary to address specific concerns with the proposed permit application. The following requirements shall be satisfied prior to Permit Issuance. 6.4.10 The Commissioner may report to Council prior to issuing a permit

6.4.11 Certificate of Insurance A minimum $2,000,000 in liability coverage and naming the Town as an additional insured will be required. (See Appendix E for the Town’s standard insurance form). 6.4.12 Financial Securities Financial security in a form acceptable to the Town of Whitby, cash or letter of credit, as calculated in Part 6.4.6 above shall be provided by the Applicant. 6.4.13 Road Damage Contribution / Inspection Fee A per cubic meter of imported/exported material fee for degradation and damages to public infrastructures and staff inspection cost will be required prior to final approval of the Site Alteration Permit. The initial fee payable will be calculated based on the volume of material specified by the Applicant on the Permit Application Form. The final payable amount, including any overfilling penalties will be based on volume calculated from the post-alteration survey. Refer to Appendix F for overfill penalty requirements. Land Development Sites In recognition of the desire for land developers to commence site alteration work in advance of entering into a development agreement with the Town, the Town will reduce the Road Damage Contribution / Inspection Fee requirement as follows: • from payment prior to approval of the Site Alteration Permit to a financial security which will be released should a development agreement be entered into with the Town within two (2) years from the date of approval of the Site Alteration Permit. • This reduction will apply to all site alteration works necessary in order to facilitate the proposed development.

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Applicants are to provide details regarding the status of the development application and / or any other relevant documentation regarding the site alteration work in Part 3.7. 6.4.14 Road Replacement Fee As noted in Part 3.5 a Road Replacement Fee will be required for any Town roads that will not be capable of supporting the projected trucking activity. This Road Replacement Fee will be required prior to final approval of the Site Alteration Permit. Refer to Appendix B for Road Replacement Fee amounts. The following requirements shall be satisfied subsequent to Permit Issuance 6.4.15 On-Site Soil Testing Report / Certification On-site soil testing will be required based on the more stringent of the following: a) as specified in the accepted source soil report(s) in Part 6.4.7; or b) upon completion of all filling activities less than 25,000m3, or c) once at 50% and once upon full completeion of all filling activities between 25,000m3 to 50,000m3; or d) every 50,000m3 or (2) two months, whichever is less for all filling activities above 50,000m3. 6.4.16 Underground Water Monitoring Report / Certification Refer to the accepted Underground Water Monitoring Program in Part 6.4.8 for reporting and certification requirements. 6.4.17 Post-Alteration Surveys The Applicant will be required to provide a post-alteration survey completed by a Licensed Land Surveyor and a cut/fill analysis to confirm the quantity of material imported/exported to demonstrate to the Town’s satisfaction that the proposed site alternation works have been carried out in accordance with the approved proposal and that no impact to surrounding drainage has resulted from the site alternation works. 6.4.18 Other items Any additional permit requirements as needed based on the specific proposed site alternation will be included in a cover letter from the Town to accompany the approved permit.

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6.5 Category 5 – Haul Route Permit (import and/or export of material > 500m³ within a CLOCA regulated area) The following requirements shall be provided at the time of Formal Permit Application. 6.5.1 Completed Permit Application Form The Applicant shall submit the completed Permit Application Form and to confirm that “Required” items listed in Part 6 have been included with the application package. 6.5.2 Application Fee The applicable Application Fee (noted in Part 7) in accordance to the Public Works Fees By-Law 7094-16 as amended will be required prior to processing of the Permit Application. Excerpt of the Public Works Fees By-Law related to activities regulated under the Site Alteration By-Law has been included in Appendix B. 6.5.3 Compliance with Oak Ridges Moraine Conservation Plan Documentation indicating compliance with the ORMCP is required when any portion of the proposed site alteration work area is within the ORMCP regulated area. 6.5.4 Letter / Brief – Not required 6.5.5 Engineering Sketches / Drawings – Not required 6.5.6 Security Estimate Financial security will be required to ensure compliance with the various permit requirements. The total required security amount will typically include the following items: a) On-site controls: • mud tracking and dust control programs. b) Immediate road damage c) Overfilling security d) Traffic and/or site alteration project signage Additional details related to security estimate requirements have been provided in Appendix D. 6.5.7 Source Soil Report – Not required 6.5.8 Underground Water Monitoring Program – Not required 6.5.9 Other items

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6.5.11 Certificate of Insurance A minimum $2,000,000 in liability coverage and naming the Town as an additional insured will be required. (See Appendix E for the Town’s standard insurance form). 6.5.12 Financial Securities Financial security in a form acceptable to the Town of Whitby, cash or letter of credit, as calculated in Part 6.5.6 above shall be provided by the Applicant. 6.5.13 Road Damage Contribution / Inspection Fee A per cubic meter of imported material fee for degradation and damages to public infrastructures and staff inspection cost will be required prior to final approval of the Haul Route Permit. The initial fee payable will be calculated based on the volume of material specified by the Applicant on the Permit Application Form. The final payable amount, including any overfilling penalties will be based on volume calculated from the post-alteration survey. Refer to Appendix F for overfill penalty requirements. Land Development Sites In recognition of the desire for land developers to commence site alteration work in advance of entering into a development agreement with the Town, the Town will reduce the Road Damage Contribution / Inspection Fee requirement as follows: • from payment prior to approval of the Site Alteration Permit to a financial security which will be released should a development agreement be entered into with the Town within two (2) years from the date of approval of the Site Alteration Permit. • This reduction will apply to all site alteration works necessary in order to facilitate the proposed development. Applicants are to provide details regarding the status of the development application and / or any other relevant documentation regarding the site alteration work in Part 3.7.

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6.5.14 Road Replacement Fee As noted in Part 4.5 a Road Replacement Fee will be required for any Town roads that will not be capable of supporting the projected trucking activity. This Road Replacement Fee will be required prior to final approval of the Haul Route Permit. Refer to Appendix B for Road Replacement Fee amount. The following requirements shall be satisfied subsequent to Permit Issuance 6.5.15 On-Site Soil Testing Report / Certification – Not required 6.5.16 Underground Water Monitoring Report / Certification – Not required 6.5.17 Post-Alteration Surveys The Applicant will be required to provide a post-alteration survey completed by a Licensed Land Surveyor and a cut/fill analysis to confirm the quantity of material imported/exported to demonstrate to the Town’s satisfaction that the proposed site alternation works have been carried out in accordance with the approved proposal. 6.5.18 Other items Any additional permit requirements as needed based on the specific proposed haul route application will be included in a cover letter from the Town to accompany the approved permit.

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Part 7 – Application Fee

With the formal submission of the Site Alteration / Haul Route Permit Application, along with all supporting documentations required as specified in Part 6, payment of the Application Fee, as specified, will be required in order for Town Staff to process the Permit Application. Upon review of the submitted information should additional information or documentation be required, written notice will be provided to the Applicant. Applicants are advised that pursuant to Sub-Section 5.3 of the Site Alteration By- Law, Permit submissions are to be completed within a 6 month timeframe from the date of formal submission. Should the application lapse beyond this time period, the current Application will be closed and a new Application will be required when the Applicant wishes to pursue Site Alteration works on the subject site in the future.

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Part 8 – Permit Approval

Following approval of a Site Alteration / Haul Route Permit the following items may become applicable for administration of the permit. Permit Term In accordance with Sub-Section 5.24 of the Site Alteration By-Law, the permit expires 6 months after the day on which it is issued unless successfully renewed as noted below.

Permit Renewal A Permit holder may renew an approved Permit at any time prior to its expiry for one (1) additional six (6) month period provided that the following items are submitted to the Commissioner: • a written application formally requesting an extension to the permit and also confirming that there are no amendments or changes to the proposed work; and • an as-built survey for the fill site showing the already completed works; and • payment of a fee equal to 50% of the original permit fee. Refer to Appendix G for a copy of the permit renewal form. Permit Suspension (placed on hold) Permit holder may suspend an approved Site Alteration Permit one (1) time only for up to a (6) six month period by written notification to the Town of Whitby. Prior to recommencement of any site alteration activities, 48 hour advance written notification must be submitted to the Town of Whitby, Public Works Department. Following the maximum six month permit suspension period, regardless of whether site alteration activities recommence, the permit term shall resume. Refer to Appendix H for a copy of the permit suspension form. Multi-term permit Multi-term site alteration activity will be required to submit up-dated reports and an as-built survey for the fill site every 6 months showing the already completed works so that Town staff can monitor the overall progress of work and can report to Council when, and if required.

Change in property ownership Should a property for which a Permit has been issued be transferred to a new Owner while the permit is still in effect, one of the following options may be exercised by the existing and new owner.

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Termination of Site Alteration work Terminate the site alteration project, provided that the termination does not cause an adverse impact on neighbouring property for matters related to drainage, land grading, erosion control and/or dust mitigation. Submission of post-alteration survey, cut/fill analysis, soil testing, etc. as appropriate will be required in order to terminate the existing permit. Securities held by the Town will only be released upon confirmation by the Applicant that all permit requirements have been satisfied by the Applicant. No change in scope of Site Alteration work The current permit conditions and contribution fees may be transferred to the new Owner provided the following is provided to the Town’s satisfaction. • A current site survey and updated cut/fill analysis shall be provided to confirm the remaining quantity of material to be imported/exported. • Soil testing as may be required to confirm that the material imported to-date is acceptable. • The new Owner shall submit a completed Application Form and make payment to the Town in the amount of the initial permit application to facilitate the changing of records associated with the permit. • Should a different source of fill be utilized by the new Owner, Source Soil Reporting will be required with the new Application Form. • All other fees, if applicable, provided with the original permit may be transferred to the new permit. • Any existing securities held by the Town will only be released upon replacement of the securities by the new Owner. Change in scope of Site Alteration works If the scope of the Site Alteration work is to be changed in anyway, the existing permit shall be terminated as noted above by the current Applicant. A new permit will be required by the new Owner. Other Requirements Notwithstanding other requirements and conditions of the Site Alteration / Haul Route Permit, Applicants are to note the following restrictions related to the timing of on-site activities as detailed within Section 4 of the Site Alteration By-Law.

A site alteration activity cannot occur: • unless a Site Alteration Permit and/or Haul Route Permit is obtained; • outside of the times permitted for the operation of heavy equipment in the Town’s Noise By-law, as may be amended from time to time;

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• during any period in which a wind warning has been issued for the area by Environment Canada; • within 24 hours after receiving precipitation in excess of 10 mm in the preceding 24 hour period, unless the operations being performed during this time are completely within the boundaries of the site alteration property or do not result in mud tracking onto the external roadways adjacent to the property; • if the site alteration will result in changing any drainage pattern established by a grading and drainage plan approved by the Town in relation to a subdivision, re- zoning, site plan or building permit approval; • if Town roads, ditches, culverts, sidewalks, facilities or other infrastructure or services may be damaged in any way; or, • if the fill includes material from the demolition of any structure, toxic or hazardous materials, glass, raw sewage, contaminated fill, construction refuse or debris.

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Appendix A - Site Alteration By-Law

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Appendix B – Financial Requirement Rates The following financial rates are excerpt from the Public Works Fee By-Law 7094- 16 as amended. Payment amount will be based on the current By-Law rate in force at the time of payment. HST has not been included in the below noted rates. Application Fee

Category Activity Type Criteria Application Fee*

1 Alteration of Grade > 0.15m grade change

(no import or export of material) 3 a) < 100 m $250.00 3 b) 100 – 500 m $500.00 3 > 500 m $1,000.00 c) 3 2 Small Site Alteration < 100 m $250.00 (import and/or export of material)

3 3 Medium Site Alteration 100 – 500 m $500.00 (import and/or export of material)

3 4 Large Site Alteration > 500 m $1,000.00 (import and/or export of material)

3 5 Haul Route Permit > 500 m $1,000.00 (import and/or export of material to CLOCA regulated area)

Road Damage Contribution / Inspection Fee $2.00 per cubic meter of imported/exported material.

Road Replacement Fee $117.25 per linear meter of reconstruction Low Class Bituminous (LCB) roads. $483.28 per linear meter of resurfacing High Class Bituminous (HCB) roads. $1,969.88 per linear meter of reconstruction High Class Bituminous (HCB) roads.

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Appendix C - Engineering Drawing Technical Details Engineering Drawings shall include all of the following information as appropriate: 1. a key map showing the location of each lot or property involved in the site alteration, including the nearest major intersection and a north arrow; 2. the lot boundaries and total area, expressed in hectares, of each lot or parcel of land involved in the proposed site alteration; 3. the existing and proposed use of the land and the location and use of the buildings and structures within 30m beyond the boundary of each lot or property involved in the proposed site alteration; 4. the location, dimensions and use of any building and other structures existing or proposed to be erected on each lot or property involved in the proposed site alteration; 5. the location of lakes, streams, wetlands, channels, ditches, other watercourses and other bodies of water on and within 30 m beyond the boundary of each lot or property involved in the proposed site alteration; 6. existing and proposed drainage areas for the site alteration site and any external drainage flows/areas that are part of the overall drainage pattern; 7. the location of all regulatory flood lines and Conservation Authority regulation limits within the boundaries of each lot involved in the proposed site alteration; 8. the location and identification of the predominant existing soil types on each lot involved in the proposed site alteration; 9. the species, grade at base, and size of all trees greater than 250 mm in caliper, all shrubs, trees and hedges within 3 m of the property line and driveways on each lot involved in the proposed site alteration; 10. the location of all easements and right-of-ways over, under, across or through each lot involved in the proposed site alteration; 11. the location and dimensions of any existing and proposed storm water drainage systems and natural drainage patterns on and within 30 m beyond the boundary of each lot involved in the proposed site alteration; 12. the location and dimensions of utilities, structures, roads, highways and paving located on and within 30 m beyond the boundary of each lot involved in the proposed site alteration;

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13. the existing topography on each lot and extending 30 m beyond the boundary of each lot involved in the proposed site alteration; 14. the proposed final grades/elevations of each lot in the proposed site alteration; 15. the location and dimensions of all proposed site alteration activities, including construction of access roads; 16. the location and dimensions of all temporary soil, dirt or fill stockpiles for the proposed site alteration; 17. the cut/fill contours and volumes for the proposed site alteration works; 18. the scale of drawing ranging from 1:250 to 1:1000, as determined by the Commissioner, to be measured in meters; 19. an indication on the drawing of directions of overland water flow and overland flow routes; 20. any information, plans or studies required by Ontario Regulation 140/02; 21. the proposed grades and drainage systems to be used upon completion of the placing or dumping of fill on each lot; 22. plan showing the design details to proper scale of any retaining wall that may be required and the type and dimensions of any materials to be used in the construction of such retaining wall;

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Appendix D – Securities Estimate

Security Types. Tables D1 to D5 below indicate the securities required for the different types of Permit Applications and how they shall be calculated.

Table D1: Category 1 – Alteration of Grade (> 0.15m grade change, no import or export of material) Security Description Security Amount a) On-site controls: Category 1a) = $1,000 Erosion control measures, Category 1b) = $1,500 drainage control measures, mud tracking and dust control Category 1c) = Engineer’s Cost Estimate programs + 30% contingency + HST b) Immediate road damage $2,000

Table D2 – Category 2 – Small Site Alteration (import and/or export of material < 100m³) Security Description Security Amount a) On-site controls: $1,000 Erosion control measures, drainage control measures, mud tracking and dust control programs b) Immediate road damage $2,000 c) Overfilling security $1,000 d) As required, Underground Water Engineer’s Cost Estimate of Program + Monitoring Program 30% contingency + HST

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Table D3 – Category 3 – Medium Site Alteration (import and/or export of material 100m³ - 500m³) Security Description Security Amount a) On-site controls: $1,500 Erosion control measures, drainage control measures, mud tracking and dust control programs b) Immediate road damage $3,000 c) Overfilling security $1,000 d) As required, Underground Water Engineer’s Cost Estimate of Program + Monitoring Program 30% contingency + HST

Table D4 – Category 4 – Large Site Alteration (import and/or export of material > 500m³) Security Description Security Amount a) On-site controls: Engineer’s Cost Estimate + Erosion control measures, 30% contingency + HST drainage control measures, mud tracking and dust control programs b) Immediate road damage $3,000 to $10,000 (to be specified by the Town) c) Overfilling security 15% of the Road Damage Contribution / Inspection Fee d) As required, Underground Water Engineer’s Cost Estimate of Program + Monitoring Program 30% contingency + HST e) Traffic and/or site alteration project $2,000 signage f) On-site soil testing and peer review $10,000 plus $10,000 per every 3 additional 50,000m

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Table D5 – Category 5 – Haul Route Permit (import and/or export of material > 500m³ within a CLOCA regulated area) Security Description Security Amount a) On-site controls: Engineer’s Cost Estimate + Erosion control measures, 30% contingency + HST drainage control measures, mud tracking and dust control programs b) Immediate road damage $3,000 to $10,000 (to be specified by the Town) c) Overfilling security 15% of the Road Damage Contribution / Inspection Fee d) Traffic and/or site alteration project $2,000 signage

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Appendix E - Town of Whitby Insurance Certificate The Applicant covenants that it shall take out and keep in full force and effect throughout the project until completion, and any renewals thereof, Comprehensive General Liability Insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than $2,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested as per the Town of Whitby’s Certificate of Insurance, attached. In addition, Automobile liability coverage is to be provided, for all licensed vehicles and equipment, evidencing two million dollars ($2,000,000.00) per occurrence against claims for bodily injury and/or property damage. Each policy shall include the Corporation of the Town of Whitby as an additional insured in respect of all operations performed by or on behalf of the Applicant. A certified copy of such policy or certificate shall be provided prior to the commencement of work. Further certified copies shall be provided upon request. The Town of Whitby requests your co-operation in having this form completed as is with no amendments being allowed or accepted. The Applicant must carry valid insurance in accordance with the permit for the entire duration of the permit. An original copy with the original signature must be provided and this can be submitted via facsimile, however the original form is to follow promptly thereafter. A copy of the Town of Whitby’s Insurance Certificate can be accessed through the Town’s web-site as noted below: http://www.whitby.ca/en/resources/cs- application_accessibleinsurancetemplateforvendors.pdf

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Appendix F – Overfill Penalty Requirements Any overfilled material to be left on-site will only be permitted provided there are no drainage impact from the additional materal. Notwithstanding the above, while a reasonable tolerance in achieving the permitted quantities can be expected, overfilling beyond this tolerance is strongly discouraged as there are increased impacts on haul roads and disturbance to neighbouring property owners. As such, a $/m3 sliding scale penalty on the Road Damage Contribution / Inspection Fee will be assessed on overfilled material beyond a reasonable tolerance, with higher penalty rate for higher overfilled quantities. Tables F2/3 and F4/5 below indicate the amount of Road Damage Contribution / Inspection Fee (Road/Inspection Fee) and penalty rates to be applied per volume of overfilled material. Table F2/3: Category 2/3 – Small/Medium Site Alteration (import and/or export of material < 500m3) Total On-Site Fill Volume Penalty Amounts

3 500 to 550m 1 x Road/Inspection Fee (up to 10% over quantity requiring (no additional penalty) Road/Inspection Fee)

3 550 to 600m 2 x Road/Inspection Fee (10% - 20% over quantity requiring Road/Inspection Fee)

3 > 600m 4 x Road/Inspection Fee (above 20% over quantity requiring Road/Inspection Fee)

Example 1: An Applicant applies for and receives a Category 3, Medium Site Alteration Permit for permission to import 300m3 of material. The final volume imported was confirmed to be 525m3. Resolution: As the original Site Alteration Permit volume was not sufficient to trigger collection of the Road/Inspection Fee, this fee would not have been required with the issuance of the original permit. With the final fill volume being 525m3 times $2/m3, to total Road/Inspection Fee payable will be $1,050. i.e. 525m3 x $2/m3 = $1,050 Example 2: Same permit as Example 1 above, but the final volume imported was confirmed to be 650m3.

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Resolution: For the first 550m3: 550m3 x $2/m3 = $1,100 550m3 to 600m3: 50m3 x 2 x $2/m3 = $200 600m3 to 650m3: 50m3 x 4 x $2/m3 = $400 Total Road/Inspection Fee payable will be $1,700. Table F4/5: Category 4/5 – Large Site Alteration/Haul Route Permit (import and/or export of material > 500m3 outside or within a CLOCA regulated area)

Approved Overfill Quantity and Corresponding Penalty Amounts Volume (m3) 1 x 2 x 4 x Road/Inspection Fee Road/Inspection Fee Road/Inspection Fee 500 to up to 10% of 10%-20% of >20% of approved 50,000 approved volume approved volume volume

3 3 3 3 >50,000 up to 5,000m 5,000m to 10,000m > 10,000m Example 3: An Applicant applies for and receives a Category 4, Large Site Alteration Permit for permission to import 10,000m3 of material. The final volume imported was confirmed to be 12,500m3. Resolution: $20,000 (10,000m3 at $2/m3) would have been required with the issuance of the original permit. With the final fill volume being 12,500m3 this represents an overfill quantity of 2,500m3. Up to 10% of overfill: 1,000m3 x $2/m3 = $2,000 10% to 20% overfill: 1,000m3 x 2 x $2/m3 = $4,000 Over 20% overfill: 500m3 x 4 x $2/m3 = $4,000 Additional Road/Inspection Fee/Penalty payable for the 2,500m3 of overfilled material will be $10,000. Example 4: An Applicant applies for and receives a Category 4, Large Site Alteration Permit for permission to import 60,000m3 of material. The final volume imported was confirmed to be 75,000m3. Resolution: $120,000 (60,000m3 at $2/m3) would have been required with the issuance of the original permit. With the final fill volume being 75,000m3 this represents an overfill quantity of 15,000m3. For the first 5,000m3 of overfill: 5,000 m3 x $2/m3 = $10,000 For the next 5,000m3 of overfill: 5,000 m3 x 2 x $2/m3 = $20,000 Above 10,000m3 of overfill:5,000 m3 x 4 x $2/m3 = $40,000 Additional Road/Inspection Fee/Penalty payable for the 15,000m3 of overfilled material will be $70,000.

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Appendix G – Permit Renewal Form To be completed.

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Appendix H – Permit Suspension Form To be completed.

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Appendix I – Update Tracking

Updates or modifications to the Guide to Site Alteration Pre-Screening Questionnaire and Site Alteration / Haul Route Permit Application are noted below: 1. October 2015 – issued for Public Consultation 2.

Public Works Department The Corporation of the Town of Whitby 575 Rossland Road East Whitby Ontario L1N 2M8 T: 905 430 4307

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Town of Whitby Report

Report to: Operations Committee Date of meeting: December 5, 2016 Department: Public Works Department

Report Number: PW 39-16 File Number(s): N/A

Report Title: Neighbourhood Watch and Road Watch Partnership 1. Recommendation: 1. That Council approve a two-year partnership between Neighbourhood Watch and Road Watch resulting in the Neighbourhood Watch signage being funded through the Road Watch program. 2. The staff monitor the partnership between Neighbourhood Watch and Road Watch and report back to Council, as appropriate, with any recommended updates and/or modifications. 3. That the Clerk be authorized to provided a copy of Report PW 39-16 to the Durham Regional Police Service Regional Neighbourhood Watch Coordinator and the Road Watch Committee. 2. Executive Summary: It is recommended that Neighbourhood Watch and Road Watch form a mutually beneficial partnership to share information and that Neighbourhood Watch signage be funded from the Road Watch account. It is proposed that this partnership be evaluated in two years to ensure that both groups continue to operate effectively.

3. Origin: Report PW 39-16 originates from Operations Committee Item # MD-3223, which included the resolution that staff be directed to review the existing practice of requiring the community to purchase Neighbourhood Watch signage and explore alternative opportunities.

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4. Background: Neighbourhood Watch The Neighbourhood Watch program is a community crime prevention program that is facilitated by Durham Regional Police Service (DRPS). The DRPS Neighbourhood Watch Coordinator will assist in getting the group started, provide training, have neighbourhood meetings as needed, and provide crime information to the Chairperson to be distributed to the community. Generally, a neighbourhood watch area includes 100-200 homes, but can range from 14 to 600 houses, depending on geographical boundaries and community dynamics. A Neighbourhood Watch Chairperson coordinates all information and acts as police liaison, and is generally supported by Street Captains who are responsible for 15- 20 homes. In order to be successful, the program requires a strong commitment and involvement by homeowners. There are three steps for a successful neighbourhood watch:

• Neighbours need to get to know each other; • Communicate with neighbours and police; and • Training residents in home security and crime prevention. Neighbours working together, alert to the potential for crime and knowing each other’s routines, can combat crime before it starts.

Road Watch The Road Watch program is a community-based initiative to actively promote safe driving through awareness, education and enforcement. The program is a partnership between the community, Durham Regional Police Service and the municipality. Members of the community can report unsafe or aggressive driving through confidential drop-boxes located throughout the municipality or online through www.drps.ca. The DRPS will send a letter to the registered owner of a vehicle that has been observed being operated in an unsafe manner at a specific time and location. If the vehicle owner wishes they may contact the police for further discussion. Public Works staff are also on the Road Watch Committee and act as a liaison between the Committee and other Town Departments. In addition, Town staff act as the Treasurer of the Committee. A local Council member is also on the Road Watch Committee and provides an opportunity for direct feedback on the Committees activities as well as keeps the local Council up to date and informed. In 2015, the DRPS received 429 citizen report forms regarding unsafe or aggressive driving. Speeding and careless driving were the most reported concerns. To date, in 2016, there have been 385 citizen report forms submitted. Disobeying crossing guards and aggressive driving have been the most reported concerns.

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The Road Watch Committee meets monthly (not including July and August) and attends numerous community events within the Town.

5. Discussion/Options: Neighbourhood Watch Signage Funding Currently Neighbourhood Watch groups in Whitby are expected to fund the cost of signage. This is typically achieved through a donation from each home at the time of committing to the program. It is suggested that $2-$5 per household may be sufficient but costs would depend on the size of the area. Larger geographical neighourhoods will have numerous phases, with each phase covering a number of streets. Each phase would cover the costs of signage for their phase only. Some groups may also fundraise (i.e. Go Fund Me) to support the cost of signage. The DRPS Neighbourhood Watch Coordinator may assist with budget planning. Once the signs have been installed, the maintenance and any future replacement costs are assumed by the Public Works Department. Whitby Neighbourhood Watch groups are charged $87.50 per sign. Within the Region of Durham, Neighbourhood Watch groups are required to cover the initial cost of signage. The City of Oshawa is the only exception at this time, with Oshawa contributing half (50%) of the cost. It has been suggested that other municipalities, such as the Town of Ajax, are considering funding the cost of signage.

Recommendation It is recognized that smaller Neighbourhood Watch groups may have difficulty funding the signage and activation of the group may be delayed without signage. It is proposed that the funding of Neighbourhood Watch signage be through Whitby Road Watch. Road Watch receives a yearly budget for promotional items and attendance at Town events. Based on current needs, Neighbourhood Watch signage can be accommodated within the existing Road Watch budget. Road Watch and Neighbourhood Watch are natural partners and regularly have adjacent displays at events. Both groups are committed to safety and the inclusion of the general public to create a safer community. Should the partnership be supported it is expected that a member of Road Watch would be invited to Neighbourhood Watch events/meetings to discuss the Road Watch program with area residents. As well, Neighbourhood Watch Chairperson(s) and/or Street Captain(s) would be invited to a Road Watch meeting. It is not expected that the Neighbourhood Watch Chairperson or Street Captain becomes a member of the Road Watch group but that they be invited to attend a meeting to learn more about the program. The Neighbourhood Watch and Road Watch partnership is an opportunity to reach more community members on safety initiatives within the Town.

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The partnership will be monitored for two years to ensure both groups are operating effectively and that the partnership is mutually beneficial to both groups and that the available funding is adequate.

Community Organization Signage Funding There are community organization groups within the Town that have signage within the municipal right-of-way. These signs are either funded by the organization or by the municipality. Community shields on the community organization sign are funded by the organization. Way finding signage/street name blades directing users to a particular destination have typically been funded by the municipality. Signage indicating that a road has been adopted by a group or individual(s) is also funded by the municipality. There are no proposed changes to the current practice regarding the funding of other community organization signage.

6. Public Communications/Plan: Communication regarding the funding of Neighbourhood Watch signage would be through the DRPS Regional Neighbourhood Watch Coordinator to newly formed Neighbourhood Watch groups.

7. Considerations: 7.1. Public Should Council approve the Neighbourhood Watch and Road Watch partnership it is expected that without the responsibility of financing signage a new Neighbourhood Watch group could be operating sooner than what would have previously occurred.

7.2. Financial It is proposed that the signage for newly formed Neighbourhood Watch groups be funded through the Road Watch account on a two year trial basis. Generally one to two groups may be formed yearly, with each group requiring two to four signs installed. Road Watch has a yearly budget of $3,000 for promotional items and to attend events. The cost of Neighborhood Watch signage could be accommodated without any increase to the Road Watch budget. No other costs associated with Neighbourhood Watch would be funded through the Road Watch account.

Staff will report back after the two year trial and identify any issues with available funding.

7.3. Impact on and input from other Departments/Sources Report PW 39-16 was discussed with Durham Regional Police Service and the Road Watch Committee.

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7.4. Corporate and/or Department Strategic Priorities The following Council Goals were taken into consideration as part of Report PW 39-19:

• To continue the Whitby tradition of responsible financial management and respect for taxpayers; • To ensure Whitby is clearly seen by all stakeholders to be business- and investment-friendly and supportive; and to strive to continuously improve the effectiveness and efficiency of service delivery; and • To increase citizen involvement in building safe streets.

8. Summary and Conclusion: It is proposed that Neighbourhood Watch and Road Watch form a mutually beneficial partnership to share information and that Neighbourhood Watch signage be funded from the Road Watch account. Durham Regional Police Service staff are key members of both groups. It is proposed that this partnership be evaluated in two years to ensure that both groups continue to operate effectively.

9. Attachments: N/A For further information contact: Tara Painchaud, Manager of Transportation and Parking Services, x2419

Original Approved and Signed.

Suzanne Beale, Commissioner of Public Works, x4311

Original Approved and Signed.

Doug Barnes, Interim Chief Administrative Officer, x2211

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Town of Whitby Report

Report to: Operations Committee Date of meeting: January 23, 2017 Department: Community and Marketing Services Department

Report Number: CMS 01-17 File Number(s): n/a

Report Title: Ethno-cultural and Diversity Advisory Committee 2016 Review and Proposed 2017 Work Plan 1. Recommendation: 1. That Council receive as information the Ethno-cultural and Diversity Advisory Committee of Council’s 2016 summary of activities and accomplishments; 2. That Council approve the Ethno-cultural and Diversity Advisory Committee of Council’s proposed 2017 Work Plan in principle; 3. That the Ethno-cultural and Diversity Advisory Committee of Council’s proposed budget to achieve the 2017 Work Plan be referred for Council’s consideration to the 2017 Operating Budget process; 4. That the Ethno-cultural and Diversity Advisory Committee of Council’s Terms of Reference be amended to add two appointees from the Whitby Youth Council as non-voting members; and, 5. That the Clerk forward a copy of Community and Marketing Services Department Report CMS 01-17 to the Durham Region Local Diversity and Immigration Partnership Council. 2. Executive Summary: The Ethno-cultural and Diversity Advisory Committee of Council (EDAC) has prepared its 2017 Work Plan for Council’s consideration and approval (Attachment 1). The Committee of Council presented a 2016 Work Plan in February 2016 and

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has completed most of the initiatives within that Work Plan and identified new priorities for 2017. The 2017 Work Plan builds upon the 2016 successes of the Committee of Council and focuses on a number of new initiatives in 2017 based on areas of research, including best practices, feedback from the community and recommendations from the Committee members. The Committee is recommending the inclusion of two appointees from the Whitby Youth Council as non-voting members for a term beginning in September until June each year and as such has presented an updated Terms of Reference (Attachment 2) to include these additional positions. The attached 2017 Work Plan defines the Committee of Council’s focus and identifies recommended initiatives aligned with the role and responsibilities as outlined in the Terms of Reference.

3. Origin: Community and Marketing Services Department has been appointed as the Staff liaison for the Ethno-cultural and Diversity Advisory Committee of Council.

4. Background: The following provides a summary of the activities and accomplishments from the 2016 Work Plan. Goal 1: Provide input to the Mayor and Members of Council on the elimination of barriers for the diverse population of our community. The Committee provided multi-cultural calendars to each Department and continued to support the language translation service for residents of our community. Goal 2: Foster a greater understanding of ethno-cultural and diversity issues and matters through community partnerships. Committee of Council members participated in community and cultural diversity events at the Library’s How to in 10 Event, Town of Whitby Canada Day where they co-hosted a Citizenship Ceremony and Town of Whitby Harbour Day. EDAC also participated in the Welcome to Ontario/ Durham Region Information Fair and Community BBQ hosted by the Welcome Centre. EDAC sponsored cultural entertainment at Harbour Day and Heritage Day. The Committee also partnered with the Whitby Youth Council and Station Gallery for their Art Attack Event hosted in May. Students submitted art that reflected the diversity of their community and this art work was displayed in the Whitby Public Library for the month. Three Whitby students were awarded the Committee of Council’s Leadership and Diversity and Social Justice Award. This award is given to graduating high school students who contributed towards social justice, inclusion and diversity in their community. The scholarship was presented to the recipients at a Council meeting

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in June and the Committee met with the scholarship recipients to develop youth engagement initiatives and opportunities. School Cultural Programs were offered at St.Marguerite d’Youville Catholic School in June and Williamsburg Public School in December. At each of these schools, EDAC hosted a school assembly where a cultural group provided an educational performance for the students. EDAC also purchased books for each school to use as resources to continue to educate the students on inclusion, culture and diversity. Goal 3: Take the necessary steps to involve diverse groups in the activities of the Committee. The following groups presented to EDAC regarding their diversity and cultural initiatives in order to increase awareness and collaboration opportunities: Celina- Caesar Chavannes Office on Federal Diversity Initiatives, Centre for Education & Training CLARS Language Assessment Centre, RBC on their newcomer services and initiatives, The Mentoring Partnership and the UOIT Capstone Project Team. EDAC presented their Work Plan and goals at meetings with the Accessibility Advisory Committee, Local Diversity Immigration Partnership Council (LDIPC) and the Durham District School Board Whitby School Principals. Increased awareness of EDAC was generated through links on the Durham Immigration Portal to the EDAC webpage, distribution of e-newsletters and media opportunities including articles in the Durham Citizen, Whitby This Week and The Whitby Perspective. Goal 4: Provide input to staff in the development of policies to promote awareness of ethno-cultural relations and diversity matters. The staff liaison on EDAC is a member of the Town of Whitby’s Policy Coordinating Committee. Their role on the Policy Coordinating Committee is to review all proposed policies to ensure they address ethno-cultural and diversity related matters, as applicable. Goal 5: Provide input in the development of a public engagement strategy for the residents of Whitby for the purpose of ensuring discussion and public feedback on current ethno-cultural and diversity issues. An EDAC webpage is hosted on the Town of Whitby website under the Committees tab that includes EDAC’s Terms of Reference, Work Plan and other cultural and diversity resources. A newcomer bus tour was hosted in September 2016. This bus tour provided a fun, family-friendly, educational experience designed to introduce newcomers to their local government and their new community. The tour began at the Whitby Central Library and included points of interest such as recreation centres, library branches, municipal and regional headquarters, historical sites, Station Gallery, Port Whitby Marina, Kiwanis Heydenshore Park and much more.

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Two Community Diversity Forums were hosted by EDAC in partnership with the Whitby Public Library. In October, EDAC hosted a forum on Refugees in our Community where panelists shared life experiences as a refugee, Canada as a refugee welcoming country, settlement services provided in Durham and the experience of being a refugee and then settling in Durham. In November, the Ethno-cultural and Diversity Advisory Committee, in partnership with the Accessibility Advisory Committee of Council, hosted a Diversity Forum on Accessibility as it related to Education and Employment for persons with disabilities. Panelists shared about the lived experiences and challenges of moving through the education system from public to post secondary and then entering the employment field. Approximately 40 individuals attended each forum. A community cultural passport program was launched in the summer months. This program was designed for families and listed 22 places to visit. This encouraged participants to explore Whitby, earn their “Whitby passport” and a free skate/swim pass upon completion. Over 100 participants took part in this program over the summer months. EDAC launched a social media program with community partners in 2016. EDAC invited community organizations to submit one special event or cultural celebration per year to promote through the Town of Whitby’s social media channels in an effort to help promote their organization and culture and diversity within our community. A social media request form was developed that community groups can submit for EDAC to review and support. Goal 6: Provide consultation, research and report findings and make recommendations as necessary on matters of diversity, inclusivity and equity within the Town of Whitby.

EDAC, with the assistance of the Whitby Public Library, conducted research on best practices in municipalities when it comes to the celebration of religious holidays and festivals. The research indicated that there are many practices in place, however most municipalities do not officially recognize or celebrate religious holidays or festivals. The Committee decided to proceed with the social media partnership program to promote organizations’ events and celebrations in order to remain inclusive of community celebrations.

5. Discussion/Options: According to the Terms of Reference, the Committee of Council is required to provide an annual Work Plan for consideration by Council. The proposed 2017 Work Plan has been developed in line with the roles and responsibilities of the Committee of Council that were outlined in the Terms of Reference. Based on the previous actions and successes of the Committee of Council, it is recommended to continue with a number of actions introduced in previous years with minor modifications to enhance or improve the program from past experience. Based on feedback and research conducted on best practices, EDAC has proposed the following new actions for 2017.

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New Proposed 2017 Work Plan Initiatives EDAC has identified the need to ensure that the definition of “Diversity” of the Committee extends beyond culture and race and includes age, sexual orientation, gender identity, faith, inclusion of all abilities and income levels. This broader focus will be reflected in the 2017 work plan. Goal 1: Provide input to the Mayor and Members of Council of the Town of Whitby on the elimination of barriers for the diverse population of our community. 1.1 Engage the expertise of Durham universities and colleges to assess inclusivity in Whitby and highlight trends and best practices. EDAC has a number of members who work in post secondary institutions and have recommended that EDAC partner with the local post secondary institutions to leverage their expertise and knowledge on inclusion, diversity and culture to advise the Committee on trends and recommend best practices that could be considered. Goal 2: Foster a greater understanding of ethno-cultural and diversity issues and matters through community partnerships. 2.2 Coordinate the provision of a cultural performances series in Celebration Square. The Committee is proposing to coordinate a cultural performances series at Celebration Square in 2017. A four week series to compliment the current Celebration Square programming is recommended in the summer months with a budget of $1,000. With it being Canada’s 150th Anniversary, this special series would celebrate the diversity of Whitby and Canada. Goal 3: Take the necessary steps to involve diverse groups in the activities of the Committee. 3.2 Expand Committee to formally include youth representation. The 2016 Scholarship recipients identified the importance of having a youth voice on the Committee. EDAC is recommending formally including two youth representatives on the Committee. Staff are supportive of this recommendation and suggest that the Whitby Youth Council serve as the method of attaining two youth members for the Committee. The Whitby Youth Council would appoint two representatives. This would enable communication with the Youth Council, which may lead to more collaboration on events and initiatives. It will also likely open up other avenues for educating the community about culture, diversity and inclusion. Additionally, as a Platinum Level Youth Friendly Community it is important the Youth voice be heard and included in our initiatives. Staff therefore recommend that should Council be supportive of this approach, that the Terms of Reference for the Ethno-cultural and Diversity Advisory Committee be amended (Attachment 2) to add two appointees from the Whitby Youth Council as non-voting members for a term beginning in September until June each year.

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Goal 4: Provide input to staff in the development of policies to promote awareness of ethno-cultural relations and diversity matters. 4.2 Development of an Inclusive Business Champions Award. The Town of Whitby has many local businesses that promote culture, diversity and inclusion. EDAC is recommending considering an award to recognize these businesses in our community. Similar initiatives have been discussed in the Town of Whitby’s Age Friendly planning and at the Accessibility Advisory Committee. It is recommended that these Committees work together and in partnership with the Whitby Chamber of Commerce to develop an Inclusive Business Champions Award in 2017. A budget of $500 has been allocated towards this initiative for promotion and advertisement of the program. Goal 5: Provide input in the development of a public engagement strategy for the residents of Whitby for the purpose of ensuring discussion and public feedback on current ethno-cultural and diversity issues. 5.1 Expand the EDAC webpage to include a resources section. The internet is one of the main sources of information for our residents. As such, it is a recommendation of the Committee to expand our online resources related to diversity, culture and inclusion and develop a resource section on the Ethno- cultural and Diversity Advisory Committee’s webpage. This could provide links to community organizations and serve as a central location for residents to find out more information. Goal 6: Provide consultation, research and report findings and make recommendations as necessary on matters of diversity, inclusivity and equity within the Town of Whitby. 6.1 Provide input into the development of the Town of Whitby's Cultural Plan. The Committee wants to express their support of the development of the Cultural Plan that was identified in the 10 year capital budget for 2017. EDAC feels that the development of a Cultural Plan will strengthen the work of EDAC and assist to develop long term strategies that will focus on culture, inclusion and diversity to ensure that Whitby remains the Community of Choice. Members of the Committee are eager to provide input into the development of this Plan and feel the Committee should have a significant role in the process.

Proposed 2017 Work Plan Repeat or Expansion on Previous Initiatives Goal 1: Provide input to the Mayor and Members of Council on the elimination of barriers for the diverse population of our community. The Committee would continue to provide multi-cultural calendars to each Municipal Department and provide a training tool kit that includes activities that promote culture, diversity and inclusion that could be incorporated into staff

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meetings as a training exercise. A budget of $500 has been allocated to purchase the calendars and print the training tool kits. Goal 2: Foster a greater understanding of ethno-cultural and diversity issues and matters within the Town of Whitby through community partnerships. Some of the proposed actions to address this goal would be the participation of EDAC the Committee of Council at Town of Whitby special events such as the Library’s How to in 10, Canada Day Event, Harbour Day and other community cultural events. The Committee has identified the importance of developing a number of interactive activities to engage the public at these events. By having a presence at these events, the awareness of EDAC increases within the community. A budget of $2,000 has been allocated towards community events. The Committee of Council has identified three specific programs they have offered in the past that have been successful to assist with fostering a greater understanding of ethno-cultural and diversity issues. These include the Diverse- City Whitby Art Event, a scholarship program and a school cultural program. The Whitby Youth Council is planning to offer the Art Attack event again in 2017. EDAC is recommending partnering with the Station Gallery to offer a diversity art class where youth would create art work that reflects the diversity of our community. EDAC would then partner with the Whitby Youth Council to have this art showcased at the Art Attack event in May. The art work would be displayed in the Whitby Public Library after the May event. EDAC is also recommending the expansion of the Art Attack event categories to include a spoken word category. A budget of $500 has been recommended by EDAC for this event. The aim of the Leadership in Diversity and Social Justice Scholarship Program is to recognize leadership among Whitby secondary school students who support positive equity, diversity and social justice within their school and/or greater Whitby community. A budget of $1,500, up to three (3) scholarships of a $500 value, is being recommended by the Committee of Council for this program. The Committee of Council has identified the allocation of funds ($2,000) to continue to offer a school cultural program that would be delivered in elementary schools through a school assembly or classroom workshop format that would promote a message of diversity. Funds have been allocated to acquire resources that would complement the assembly or workshops and used to continue discussions on culture and diversity within each classroom. Goal 3: Take the necessary steps to involve diverse groups in the activities of the Committee. EDAC would continue to invite representatives of diverse groups in Whitby to attend an EDAC meeting to increase the awareness and needs of these groups in order to consider the Committee of Council’s potential future involvement and potential partnerships with community groups and organizations. The Committee

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will identify follow up actions or collaborative opportunities with the presenting groups. Continuing to increase the community’s awareness of EDAC is important and as such the presence of EDAC articles or information in promotional materials such as The Whitby Perspective, social media, E-newsletters and the Durham Citizen newsletter continue to be a priority. A budget of $250 is allocated for marketing and advertising. Goal 4: Provide input to staff in the development of policies to promote awareness of ethno-cultural relations and diversity matters. The staff liaison on EDAC would continue to serve on the Town of Whitby’s Policy Coordinating Committee to review all proposed policies to ensure they address ethno-cultural and diversity related matters. The Committee may also review or make recommendations to Council on specific policies, as required. Goal 5: Provide input in the development of a public engagement strategy for the residents of Whitby for the purpose of ensuring discussion and public feedback on current ethno-cultural and diversity issues. EDAC has a web page within the Town of Whitby’s website that increases community awareness of ethno-cultural and diversity issues and provides information on the actions and initiatives of the Committee of Council. Continual updating of this webpage to ensure it is current and providing valuable resources is a priority of the Committee of Council. Attracting and retaining newcomers is one of the priority areas of the Region’s Diversity and Immigration Community Plan and many new immigrants to the Durham Region are selecting to reside in Whitby. Based on the growth of new immigrants and the success of the Newcomers Bus Tour over the past three years, the Committee is recommending budgeting $750 to offer this program again in 2017. The Committee met with the Town of Whitby’s Social Media Coordinator in November 2016 and has identified a social media strategy for 2017. Promotion of events, interactive posts and tweets and the continuation of the promotion of events and initiatives of community partners would continue to be a priority and would assist with increasing the community awareness of the Committee and engaging the public. The Committee is recommending continuing to offer the Community Cultural Passport program in 2017 as it engaged families to explore and learn more about their community. EDAC is recommending hosting two community forums in partnership with the Whitby Public Library where panelists discuss a topic and then the audience can engage in a discussion on the matter. A forum on the topic of sexual orientation

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and gender identity is recommended for 2017. A $500 allocation has been budgeted for this initiative to cover the cost of speakers, refreshments, etc. The 2017 Work Plan identifies what the Committee of Council feels are realistic, achievable and meaningful tasks that can be accomplished within the current year.

6. Public Communications/Plan: If approved by Council, the Ethno-cultural and Diversity Advisory Committee of Council’s 2017 Work Plan would be available online for members of the public to view on the Ethno-cultural and Diversity Advisory Committee web page within the Town of Whitby website and would be shared through social media channels and an E-newsletter and with the Diversity E-contact group through Constant Contact.

7. Considerations: 7.1. Public Many of the action items identified in the 2017 Work Plan are created with the focus of engaging the public in current ethno-cultural and diversity issues as well as fostering a greater understanding of these issues within the community.

7.2. Financial A budget of $10,000 was approved for the Ethno-cultural and Diversity Advisory Committee in the 2016 operating budget and these funds were fully utilized to carry out the 2016 Work Plan. A status quo budget of $10,000 is being requested in the 2017 operating budget in order to implement the Work Plan outlined in this report.

7.3. Impact on and input from other Departments/Sources The Durham Regional Police Service, Region of Durham, Durham District School Boards, Whitby Public Library, community members and various divisions within the Community and Marketing Services Department have provided input to the Ethno-cultural and Diversity Advisory Committee of Council for the development of their proposed 2017 Work Plan.

7.4. Corporate and/or Department Strategic Priorities The recommendations contained within the Ethno-cultural and Diversity Advisory Committee of Council 2017 Work Plan are consistent with the Town of Whitby Council 2014 – 2018 Goals:

1. To build a strong, respectful Council team with a positive, shared vision and four-year action plan; to ensure all municipal affairs are conducted with professionalism and integrity; and to enhance the transparency and

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accessibility of Town Hall and support effective public consultation and engagement.

The development of an EDAC Work Plan ensures that the Committee conducts itself with professionalism, integrity and transparency.

2. To make workplace morale a priority by building a collaborative and creative work environment that engages the abilities of all staff members to solve problems, accomplish new things and deliver the best outcomes to residents.

The provision of staff training will assist staff in developing new skills in order to solve problems and serve all residents of our community.

3. To continue the Whitby tradition of responsible financial management and respect for taxpayers; and to understand the importance of affordability to a healthy, balanced community.

The proposed Work Plan outlines the objectives that would be accomplished with the budget allocated to the Ethno-cultural and Diversity Advisory Committee. These objectives will assist in maintaining a healthy, balanced community.

4. To ensure Whitby is clearly seen by all stakeholders to be business- and investment-friendly and supportive; and to strive to continuously improve the effectiveness and efficiency of service delivery

The proposed Work Plan outlines a number of objectives that will improve service delivery to the diverse members of our community.

7. To remain the community of choice for families and become the community of choice for seniors and job creators; and to focus new growth around the principles of strong, walkable and complete neighbourhoods that offer mobility choices.

The Work Plan identifies a number of objectives that contribute towards making Whitby the community of choice for newcomers.

8. Summary and Conclusion: The Ethno-cultural and Diversity Advisory Committee of Council is seeking Council’s approval to the proposed 2017 Work Plan and to commence the implementation of the plan and collaborate with community partners to ensure that Whitby is an inclusive community that celebrates culture and diversity in order to remain the Community of Choice.

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9. Attachments: Attachment 1: Proposed Ethno-cultural and Diversity Advisory Committee of Council 2017 Work Plan Attachment 2: Proposed Ethno-cultural and Diversity Advisory Committee Terms of Reference

For further information contact: Sarah Klein, Manager of Recreation, x4338

Original Approved and Signed.

Peter LeBel, Commissioner of Community and Marketing Services, x4319

Original Approved and Signed.

Doug Barnes, Interim Chief Administrative Officer, x2211

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Attachment 1 Ethno-cultural and Diversity Advisory Committee Draft 2017 Work Plan

Action Timing Budget 1 Provide input to the Mayor and Members of Council on the elimination of barriers for the diverse population of our community. *1.1 Engage the expertise of Durham universities and colleges to Q2 - Q4 $0 assess inclusivity in Whitby and highlight trends and best practices. 1.2 Provision of Diversity Calendar and diversity training tool kit to Q1 $500 each Department.

2 Foster a greater understanding of ethno-cultural and diversity issues and matters through community partnerships. 2.1 Committee participation with interactive activities at community Q1 - Q4 $2,000 cultural and diversity events and Town of Whitby events. *2.2 Coordinate the provision of cultural performances series in Q3 $1,000 Celebration Square. 2.3 Diversity Art Event - in partnership with Whitby Youth Council Q2 $500 and Whitby Public Library. Expand to include spoken word component. 2.4 Advertise and deliver Scholarship Program. Q2 $1,500 2.5 Delivery of school cultural program in two schools. Q1 - Q4 $2,000

3 Take the necessary steps to involve diverse groups in the activities of the Committee. 3.1 Invite members of community cultural and diversity groups to Q1 - Q4 $0 share at EDAC meetings in order to involve diverse groups in the future initiatives of the committee. Follow up with groups as required. *3.2 Expand Committee to formally include youth representation. Q1 $0 3.3 Develop marketing plan for Committee including promotion Q1 - Q4 $250 through local media, e-newsletters and Durham Immigration Portal.

4 Provide input to staff in the development of policies to promote awareness of ethno- cultural relations and diversity matters. 4.1 Provide input into the development of policies, as required, Q1 - Q4 $0 related to ethno-cultural and diversity matters. *4.2 Development of an Inclusive Business Champions Award. Q3 & Q4 $500

5 Provide input in the development of a public engagement strategy for the residents of Whitby for the purpose of ensuring discussion and public feedback on current ethno- cultural and diversity issues. *5.1 Expand EDAC webpage to include a resources section. Q1 - Q4 $0 5.2 Host a newcomer bus tour. Q3 $750 5.3 Development of a social media campaign to promote EDAC Q1 - Q4 $250 and engage community through interactive social media forums. *5.4 Delivery of community cultural passport program. Q3 $250 5.5 Host two community forums on diversity topics. Q2 - Q4 $500

6 Provide consultation, research and report findings and make recommendations as necessary on matters of diversity, inclusivity and equity within the Town of Whitby. *6.1 Provide input into the development of the Town of Whitby's Q1 - Q4 $0 Cultural Plan. $10,000 * Indicates a new initiative for 2017

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Attachment #2 Town of Whitby Ethno-cultural and Diversity Advisory Committee Terms of Reference 1. Enabling Legislation The Corporation of the Town of Whitby supports and acknowledges the value of internal and external boards, committees, agencies and associations. The creation, amendment and dissolution of advisory boards and committees and appointments to committees shall be conducted in a fair and equitable manner and in accordance with applicable legislation and procedures. Appointed committee members are expected to adhere to applicable corporate policies. The Municipal Act provides the municipality with the opportunity to create advisory committees for specific purposes. Council has deemed it advisable to have an Ethno-cultural and Diversity Advisory Committee. 2. Responsibilities The Ethno-cultural and Diversity Advisory Committee will be responsible for the following: • Provide input to the Mayor and Members of Council of the Town of Whitby on the elimination of barriers for the diverse population of our community • Foster a greater understanding of ethno-cultural and diversity issues and matters within the Town of Whitby through community partnerships • Take the necessary steps to involve diverse groups in the activities of the Committee • Provide input to staff in the development of policies to promote awareness of ethno-cultural relations and diversity matters • Provide input in the development of a public engagement strategy for the residents of Whitby for the purpose of ensuring discussion and public feedback on current ethno-cultural and diversity issues • Provide consultation, research and report findings and make recommendations as necessary on matters of diversity, inclusivity and equity within the Town of Whitby

3. Composition and Term Voting Members • The Committee shall be compromised of seven (7) Whitby citizen appointments. • Appointments to the Committee will be made by Council for the term of Council, unless otherwise determined by the Committee and approved by Council.

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Non-Voting Members • One (1) Member of Council; and one (1) representative each from the Durham District School Board, Durham Catholic District School Board, Durham Regional Police Service, Whitby Public Library and the Region of Durham Diversity and Immigration Program, to be appointed by the respective agencies, will be encouraged to participate, along with any other representatives deemed important by the Committee and approved by Council. In addition non-voting, non-appointed volunteers may assist with Committee initiatives, events and sub- committees as deemed necessary by the Committee. • Two (2) Youth members to be appointed from the Whitby Youth Council as non- voting members for a term beginning in September until June each year. Committee Chair • The Chair shall be elected by a majority of Committee members for a one year term at the first meeting of each calendar year. An individual shall only act as a Chair for a maximum of two consecutive years unless the Committee determines otherwise with the unanimous consent of its membership. • The Chair’s role is to provide guidance and leadership to the Committee in the completion of its responsibilities. • The Chair shall ensure that decorum is maintained at each meeting and that the rules of procedure, as per Procedural By-law 6125-08 are observed. Vice-Chair • The Vice-Chair shall be elected by a majority of Committee members for a one year term at the first meeting of each calendar year. • An individual shall act as Vice-chair for a maximum of two consecutive years unless the Committee determines otherwise with the unanimous consent of its membership. • The Vice-Chair acts in the Chair’s absence and assumes the role and responsibilities of the Chair. Councillors • One (1) member of Council shall be appointed as a non-voting member to the Ethno-cultural and Diversity Advisory Committee to fulfill the responsibility of acting as liaison between Council and the Committee; respond to Committee members’ questions; interpret Council’s direction to the Committee; provide updates on Committee activities to Council and to provide updates on Council activities to the Committee. Committee Members • Committee members shall contribute time, knowledge, skill and expertise to the fulfillment of the Ethno-cultural and Diversity Advisory Committee’s responsibilities; research issues relevant to the Committee’s responsibilities as required; work with staff to implement Council’s decisions relevant to the Committee’s responsibilities, and commit to attending regular meetings during the year. Terms of Reference Ethno-cultural and Diversity Advisory Committee Page 2 of 4

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• The appointment of a citizen member to the Ethno-cultural and Diversity Advisory Committee shall be rescinded should the member be absent from three consecutive meetings or absent from over 50% of the meetings in one year, unless excused by the Committee due to extenuating circumstances. The Town Clerk shall maintain the master record of member attendance. • Where a vacancy occurs in the Committee for any reason, Council shall by resolution appoint a person qualified to hold office for the remainder of the term for which his/her predecessor was appointed. • Committee members shall respect the decisions and recommendations of the Committee as a whole; and the decisions of Council. Town Staff • The Community and Marketing Services Department will provide administrative support that shall: o distribute the agenda o notify members of upcoming meetings o address administrative duties including correspondence, reports, presentations, etc. o record and circulate minutes o follow up on Committee issues o advise on procedural aspects as required to allow meetings to function. • The Community and Marketing Services Department shall act as subject matter experts and provide information to assist the Committee in reaching decisions. The Commissioner of Community and Marketing Services may assign additional staff members as a resource to provide information to the Committee. Reporting • The Ethno-cultural and Diversity Advisory Committee will provide an annual report at year end to Council to communicate its activities in the preceding year and to set goals for the coming year. • The Ethno-cultural and Diversity Advisory Committee will provide an annual work plan for consideration by Council in fulfilling its responsibilities. The annual work plan will be guided by the operating budget approved annually by Council. Meetings • The Ethno-cultural and Diversity Advisory Committee shall meet on the first Thursday of each month. • A meeting schedule is prepared on an annual basis. Conflict of Interest

• Committee members are deemed not to have pecuniary conflict of interest in that they have no decision making ability. However, members should be cognizant of any perceived conflict in terms of issues, which may serve to benefit them personally. Members shall not use their status on the Ethno- cultural and Diversity Advisory Committee for personal or political gain.

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Budget • The Community and Marketing Services Department shall be responsible for the Committee budget, which shall be submitted annually in accordance with established Town budget guidelines. • The Commissioner of Community and Marketing Services will present a draft budget for review by the Committee on an annual basis, prior to submission to the Chief Administrative Officer for review, and Council for approval.

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Town of Whitby Report

Report to: Operations Committee Date of meeting: January 23, 2017 Department: Community and Marketing Services Department Report Number: CMS 02-17 File Number(s): n/a

Report Title: Mayor’s Community Development Fund Annual Report 1. Recommendation: 1. That Community and Marketing Services Department Report CMS 02-17 regarding the Mayor’s Community Development Fund be received as information. 2. Executive Summary: The Mayor’s Community Development Fund (MCDF) is financed by the Mayor’s Fundraiser and Mayor’s Golf Tournament to support lead and community grant requests. In 2016, the Mayor’s Community Development Fund received nine (9) lead grant applications. The Victorian Order of Nurses (VON) – Ontario Branch was selected as the Mayor’s Fundraiser lead cause and was awarded $25,000 to help build a residential hospice in Durham Region. The Alzheimer’s Society of Durham Region was selected as the Mayor’s Golf Tournament lead cause and was awarded $25,000 to launch a Blue Umbrella campaign in Whitby. There were a total of fifty-three (53) community grant applications submitted in 2016 and the Grants Review Committee awarded thirty-one (31) community grants totaling $61,079. The grants support programs that serve the residents of Whitby, promote effective public engagement and ensure the Town remains the Community of Choice. The Grants Review Committee is submitting this annual report for Council’s information.

3. Origin:

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As per the Mayor’s Community Development Fund Policy, Council Resolution #336-15, the Grants Review Committee is required to submit an annual report to Council.

4. Background: The Mayor's Community Development Fund has been in place for many years. In June 2015, Council approved a Mayor’s Community Development Fund Policy which established the Grants Review Committee. The Committee consists of four members of the public appointed by Council, plus the Mayor and Staff Advisor. This Committee reviews applications and awards grants, based on the criteria and available funds in the Mayor’s Community Development Fund. The MCDF utilizes net revenue from the Mayor's Fundraiser and the Annual Golf Tournament to provide financial support to community groups, events and initiatives that will benefit the community. The grants are provided to a broad range of initiatives that focus on social inclusion and community engagement. Each year the MCDF supports two lead causes or charities, plus provides funding for initiatives benefiting the community, capital projects, community events, and support for individuals in special circumstances. Up to 50% of the proceeds raised by the Mayor's Fundraiser and up to 50% of the proceeds raised from the Mayor’s Annual Golf Tournament are awarded to a lead cause or charity and the balance is awarded in smaller grants up to $5,000. Lead cause or charity applications are due March 31 and October 31 of each year and funding for smaller community grants are due at the end of each month. Grant recipients are required to submit a final report at the conclusion of their project to the Mayor’s Community Development Fund Grants Review Committee. This ensures accountability of funds and allows the Committee to evaluate the success of the projects.

5. Discussion/Options: Lead Cause Grants In 2016, nine (9) lead cause applications were received. The Mayor’s Fundraiser was introduced in April 2016 and raised $104,107 for the Mayor’s Community Development Fund. The Victorian Order of Nurses (VON) – Ontario Branch was selected as the Mayor’s Fundraiser lead cause and was awarded $25,000 to help build a residential hospice in Durham Region. The donation supported VON’s commitment to fill a major void in residential hospice. VON delivers services to people and families facing end-of-life issues by providing palliative care, caregiver support, bereavement services, information and education, and is now planning to extend these services to include residential hospice care.

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The Mayor’s Golf Tournament was held in August 2016 and raised $47,178 for the Mayor’s Community Development Fund. The Alzheimer’s Society of Durham Region was selected as the Mayor’s Golf Tournament lead cause and was awarded $25,000 to launch a Blue Umbrella campaign in Whitby. The Blue Umbrella campaign will provide dementia-friendly customer service training to local businesses, services and organizations and will establish Whitby as the first dementia-friendly community in the Region of Durham. This initiative aligns with the Town’s commitment to being age-friendly, inclusive and accessible. The 2017 Mayor’s Fundraiser lead grant applications were due by October 31, 2016. Due to the high number of applications and carry over of funds, the Grants Review Committee selected two lead causes for $25,000 each for the 2017 Mayor’s Fundraiser.

Community Grants As depicted in Attachment 1, the Committee reviewed fifty-three (53) community grant applications in 2016 totaling $179,648. The following thirty-one (31) grants were approved, with a cumulative value of $61,079. • 2nd Brooklin Scouts ($350) • Big Brothers Big Sisters of Oshawa-Whitby ($4,515) • Big Brother Big Sisters of South-West Durham (Silent Auction Package: $150 Gift Basket) • Boys and Girls Club of Durham ($4,226) • Brooklin Horticultural Society ($1,000) • Charles H Best Diabetes Centre ($4,200 and Silent Auction Package: $250 Recreation Gift Certificate) • Cody DeNoble Golf Tournament (Silent Auction Package: $150 Gift Basket) • Community Care Durham ($500) • Community Development Council Durham ($500) • Driftwood Theatre Group ($250 and a Silent Auction Package: Lunch for 2 with the Mayor) • Durham Farm Connection ($500) • Durham Youth Drug Awareness Committee ($1,600) • Epilepsy Durham Region ($2,800) • Feed the Need ($3,000) • Footprints for Autism ($500) • Girls Incorporated of Durham ($5,000) • Lakeridge Health Whitby Volunteer Services ($2,000) • Ontario Philharmonic (Silent Auction Package: Lunch for 2 with the Mayor) • Ontario Regiment Association ($5,000) • Ontario Shores for Mental Health Science – Mental Health Literacy ($2,000) • Ontario Shores for Mental Health Sciences – Talk About Mental Illness ($2,000) • Rotary Club of Whitby ($500) • Royal Canadian Legion, Brooklin Branch #152 ($3,000) • Royal Canadian Legion, Whitby Branch #112 ($3,000)

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• Scientists in the School ($3,500) • Scouts Canada - Whitby Area ($2,500) • Vintage Whitby ($880) • Vintage Whitby - Brooklin Project ($1,600) • Whitby Blues Festival ($500) • Whitby Village Seniors Program ($5,000) • Windreach Farm (Silent Auction Package: $250 Recreation Gift Certificate) The Mayor’s Community Development Fund focuses on supporting projects and events that are new and innovative and low priority is given to funding ongoing projects. The Grant Review Committee has recommended provisions be made for organizations such as the Royal Canadian Legion Branches who have traditionally received funding for their Open Houses and Remembrance Day ceremonies. A modification to the MCDF Policy Procedures has been submitted to reflect that up to 10% of the MCDF grants may be provided to ongoing projects and initiatives that are of importance to the community. For example, in 2016 there was a total of approximately $150,000 raised from the Mayor’s Fundraiser and Golf Tournament. This would equate to a maximum of $15,000 being granted to ongoing projects and initiatives. Community organizations would still have to apply annually to be considered for funding.

6. Public Communications/Plan: A communications plan for the Mayor’s Community Development Fund has been developed with the objective to build and increase awareness of how the MCDF works and benefits the Whitby community. Opportunities for the lead grant are advertised in January and September of each year and community grants are advertised throughout the year with more of a focused advertising campaign in January and June. The communications plan has also been developed to enhance transparency and promote civic engagement through promotion of the MCDF on the Town of Whitby website, through The Whitby Perspective and advertisements in local media and social media channels. Fund recipients are publicized on the Town of Whitby website, through social media and media events, as applicable.

7. Considerations: 7.1. Public The Mayor’s Community Development Fund benefits the public as it provides financial assistance for community groups and individuals within Whitby to help them undertake initiatives that would benefit the community at large.

7.2. Financial The opening balance of the Mayor’s Community Development Fund as of January 1, 2016 was $28,363. The net contribution of funds raised from the 2016 Mayor’s Fundraiser was $104,107 and the funds raised from the Mayor’s Golf Tournament was $47,178. The total amount of grants provided in 2016 was $111,079 resulting in a year end balance of $68,569 which will

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be carried over to 2017. Two lead grants of $25,000 have been approved for the Mayor’s Fundraiser resulting in $18,569 in funds remaining for the Grant Review Committee to allocate towards community grants until the revenue from the 2017 Mayor’s Fundraiser is received at the end of the first quarter.

7.3. Impact on and input from other Departments/Sources The Community and Marketing Services Department provides staff support to the Mayor’s Fundraiser and Mayor’s Golf Tournament and a staff member of the Department serves as the Staff Advisor on the Mayor’s Community Development Fund Grants Review Committee.

7.4. Corporate and/or Department Strategic Priorities The recommendations contained within the MCDF Report are consistent with the Town of Whitby Council 2014 – 2018 Goals: 1. To build a strong, respectful Council team with a positive, shared vision and four-year action plan; to ensure all municipal affairs are conducted with professionalism and integrity; and to enhance the transparency and accessibility of Town Hall and support effective public consultation and engagement. 3. To continue the Whitby tradition of responsible financial management and respect for taxpayers; and to understand the importance of affordability to a healthy, balanced community. 7. To remain the community of choice for families and become the community of choice for seniors.

8. Summary and Conclusion: The Mayor’s Community Development Fund Grants Review Committee ensures that the funds from the MCDF are administered in a fair, equitable and transparent manner. The provision of these funds to community groups and initiatives contributes to making Whitby the Community of Choice.

9. Attachments: Attachment 1: MCDF 2016 Overview For further information contact: Sarah Klein, Manager of Recreation and Staff Advisor to MCDF, x4338

Original Approved and Signed.

Peter LeBel, Commissioner of Community and Marketing Services, x4319 Original Approved and Signed.

Doug Barnes, Interim Chief Administrative Officer, x2211

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Attachment #1 Mayor’s Community Development Fund (MCDF) 2016 Snap Shot

Grants Review Committee 2 Lead Grants • The Mayor Community Grants • Four members of the public 9 Applications appointed by Council Fundraiser Recipient • Town of Whitby advisory VON Durham Hospice member 53 applications worth Golf Tournament Recipient $170,671 Alzheimer Society 31 grants approved of Durham Region worth $61,079 Each received a Grant worth $25,000

Revenue Grants Allocated

2016 Opening Balance Lead Grants $28,363 $50,000 Mayor’s Fundraiser Community Grants $104,107 $61,079 Mayor’s Golf Tournament $47,178

Revenue $179,648 Total = $111,079 Total = $179,648 Grants Allocated $111,079

2017 Revenue Carry Over = $68,569 $50,000 approved for 2017

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Town of Whitby Report

Report to: Operations Committee Date of meeting: January 23, 2017 Department: Community and Marketing Services Department

Report Number: CMS 03-17 File Number(s): n/a

Report Title: Ontario Sport and Recreation Communities Fund 1. Recommendation: 1. That Community and Marketing Services Department Report CMS 03-17 pertaining to the Ontario Sport and Recreation Communities Fund from the Provincial Ministry of Tourism, Culture and Sport be received as information; and, 2. That Council authorize Staff to make an application to the Ontario Sport and Recreation Communities Fund (in partnership with the Abilities Centre, the Accessibility Advisory Committee, Community Living Ontario and Grandview Children’s Centre) for an expanded Inclusion Services Program as outlined in the staff report. 2. Executive Summary: The Ministry of Tourism, Culture and Sport is currently accepting applications for the 2017/2018 Ontario Sport and Recreation Communities Fund (OSRCF). The OSRCF is a grant program that supports a vision of getting and keeping Ontarians active in community sport, recreation and physical activity. Municipalities are welcome to apply for one or two year funding for projects that meet the specified criteria and must submit the full application by February 1, 2017. Staff is recommending applying for funding for a two year program to expand Inclusion Services for individuals of all ages with disabilities in our community and develop training programs for all recreation staff to build a better understanding of inclusive programming. Other partners on this project would include the Abilities Centre, Accessibility Advisory Committee (AAC), Community Living Ontario and Grandview Children’s Centre.

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3. Origin: Community and Marketing Services Department Report CMS 03-17 originates with the Recreation Section.

4. Background: The Ontario Sport and Recreation Communities Fund (OSRCF) was established to support a vision of getting and keeping Ontarians active in community sport, recreation and physical activity. This is accomplished through support of short- term projects that have the potential for long-term sustainability and deliver quality experiences to individuals at every phase of life. The OSRCF is targeted for groups that lack equitable access to participate and/or have been historically less physically active. The goal of the OSRCF is: • To increase opportunities for participation in physical activity. • To embed physical literacy throughout sport and recreation as a foundation for lifelong physical activity. • To increase the capacity of the sport and recreation sector to deliver quality sport and recreation programming. The OSRCF supports the Ministry’s efforts in delivering and sustaining quality policies and programs that strengthen the sport and recreation sectors and benefit all Ontarians. Quality, participation, equitable access, sustainability and effective use of public dollars are valued as significant guiding principles of the OSRCF. Through the support of projects that deliver high-quality programs and policies, the OSRCF will provide Ontarians with more opportunities to become physically active, including groups who experience barriers to participating and those who are traditionally less active with priority being placed on a number of target populations including children, youth and persons with disabilities. Municipalities are eligible to apply for this grant and partnerships are highly recommended by the Ministry of Tourism, Culture and Sport. The grant can be for a one or a two year project with a year end of March 31. The application deadline is February 1, 2017 and the Ministry expects approved projects could start in Summer 2017. Therefore a one year project could run from July 1, 2017 – March 31, 2018 and a two year project until March 31, 2019. The funding criteria outlines for a municipality of greater than 20,000 people, up to 60% of eligible expenses could be funded by the grant. A cash contribution of at least 10% of total eligible expenses is required and the remaining expenses can be covered by the applicant or its partners as additional cash or in kind contributions. The Town of Whitby applied for and was successful in receiving an OSRCF grant to offer a playground program in the Summer 2014. The Town re-applied to the

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OSRCF grant for the playground program in 2015, and the White Oaks Youth Community Outreach Program in 2016 but was unsuccessful. The Ministry prioritizes new requests and does not usually fund recurring projects. As such, staff is recommending applying for funding for a new program this year.

5. Discussion/Options: Staff reviewed the OSRCF grant criteria and how they align with the needs of the Whitby community and are recommending applying for funding to expand the Town of Whitby’s Inclusion Services program to provide physical activity opportunities to individuals with disabilities. The Accessibility Advisory Committee conducted a Sports Without Limits survey to ask the community what barriers they faced in the Town of Whitby to participation in sport. The top challenges identified from the survey were: • Challenges for children with hearing disabilities in participating in Sports / Recreation / Leisure Activities • Barriers faced because of the cost of adaptable equipment • Making more sports accessible to persons with disabilities • Timing of programs being offered There are 4.4 million Canadians with disabilities, and as low as 3 per cent of these individuals may be participating in regular organized physical activity. Ontario states that 15% of the population identifies as having a disability. This equates to approximately 20,000 Whitby residents with a disability and applying the 3% statistic listed above, only 600 of these residents participate in recreation programming. The most common reasons that people with disabilities are unable to participate is due in part to barriers such as: • A lack of accessible facilities and available programs for persons with disabilities; • A lack of information regarding the sport opportunities that do exist, and the health research that can assist and encourage persons with disabilities to become active; • Increased costs for specialized equipment and for transportation; and • A lack of coaches and other people who can help train athletes with disabilities. Source: Standing Senate Committee on Human Rights - Level the Playing Field: A natural progression from playground to podium for Canadians with disabilities The Town currently offers Inclusion Services in the Summer Camps Program. This includes the hiring of Inclusion Services Camp Counsellors and a screening and intake process for participants. Feedback from the community through program participants, the Accessibility Advisory Committee’s Sports Without Limits survey and service providers such as Grandview Children’s Centre and the

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Abilities Centre indicates a need for a more robust Inclusion Services Program offered in all Town programs. The Recreation Division is proposing applying for funding to establish a more robust Inclusion Services Program for all Town of Whitby recreation programs. This could include the following phases and initiatives:

Phase Explanation Timing

Hiring Hire a Grant Program Coordinator Summer 2017 who would work part time hours to oversee the delivery of the grant program.

Research Research best practices and establish Summer 2017 a network of experts including representation from the AAC, the Abilities Centre, Community Living Ontario and Grandview Children’s Centre. Develop an application process and criteria for clients for varying levels of staff support.

Training Develop training materials and deliver Fall 2017 to all recreation staff on inclusive programming and service delivery.

Hiring Hire Inclusion Services Program staff Fall 2017 to work one on one with special needs participants in recreation and leisure programs.

Program Promote, implement and deliver Fall 2017 to Winter 2019 Implementation Inclusion Services Program.

Program Review effectiveness of the program Winter 2019 Learnings and and make recommendations for the Recommendations Town of Whitby’s Inclusion Services Program moving forward.

Staff consulted with the Provincial Ministry of Tourism, Culture and Sport Regional Advisor who has indicated that this proposed program is a good fit for the funding criteria.

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The proposed program fits well with the funding criteria as it builds upon partnerships, focuses on inclusive opportunities with priority placed on children, youth and persons with disabilities.

6. Public Communications/Plan: If the Town of Whitby is successful in securing a grant through OSRCF, the approved program would be advertised on the Town of Whitby website, through social media, the Recreation and Leisure Activity Guide and in Town recreation complexes. The Abilities Centre, Community Living Ontario and Grandview Children’s Centre would also advertise the program on their websites and directly to their clients.

7. Considerations: 7.1. Public The implementation of the proposed program would provide the opportunity for residents of Whitby who have a disability to participate in inclusive recreation and be provided the supports they need in order to lead healthier and more active lives.

7.2. Financial The Ministry would fund 60 percent of eligible project expenses with the applicants making a cash contribution of at least 10% of eligible project expenses. Remaining expenses can be covered by the applicant and/or its project partners as additional cash and/or in-kind contributions. The total value of the proposed program would be $235,000. The grant request to OSRCF would be for $128,000 over two years with a $85,000 cash contribution from the current Town of Whitby 2017 and 2018 Inclusion Services Camp operating budget and in kind donations valued at $22,000. The grant would cover the cost of the Grant Program Coordinator, Inclusion Services staff and training for all current recreation staff. The in-kind resources would include staff support through the Manager of Recreation and Supervisor of Community Development and Youth/Children's Service, as well as registration support, and advertising and promotion of the program. There would be no financial impact to the Town of Whitby beyond the dedication of senior staff time and in-kind resources.

7.3. Impact on and input from other Departments/Sources The AAC, Abilities Centre, Community Living Ontario and Grandview Children’s Centre are in support of the proposed submission to the Ministry of Tourism, Culture and Sport’s OSRCF.

7.4. Corporate and/or Department Strategic Priorities The recommendation is consistent with the Town of Whitby Council 2014 – 2018 Goals:

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3. To continue the Whitby tradition of responsible financial management and respect for taxpayers; and to understand the importance of affordability to a healthy, balanced community. 4. To ensure Whitby is clearly seen by all stakeholders to be business- and investment-friendly and supportive; and to strive to continuously improve the effectiveness and efficiency of service delivery. 7. To remain the community of choice for families and become the community of choice for seniors and job creators; and to focus new growth around the principles of strong, walkable and complete neighbourhoods that offer mobility choices.

8. Summary and Conclusion: The Community and Marketing Services Department is seeking Council’s approval to apply for funding to the OSRCF to offer an expanded Inclusion Services Program that would contribute towards Whitby remaining the Community of Choice for families.

9. Attachments: n/a For further information contact: Sarah Klein, Manager of Recreation, x4338

Original Approved and Signed.

Peter LeBel, Commissioner of Community and Marketing Services, x4319

Original Approved and Signed.

Doug Barnes, Interim Chief Administrative Officer, x2211

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Town of Whitby Report

Report to: Operations Committee Date of meeting: January 23, 2017 Department: Community and Marketing Services Department Report Number: CMS 04-17 File Number(s): N/A

Report Title: Vacant Town Property - 280 Water Street 1. Recommendation: 1. That Council support the development of the Town of Whitby industrial property located at 280 Water Street for a hotel, convention centre and restaurant (vacant property located across from Heydenshore Pavilion); 2. That staff be directed to negotiate an agreement of purchase and sale for the Town property located at 280 Water Street with the principals of the Taggar Family Trust, which would be the developer, owner and operator of the proposed hotel, convention centre and restaurant project; 3. That staff report back to Council with the draft terms of an agreement of purchase and sale; 4. That staff be directed that the land use policy and zoning provisions required to support the project be undertaken to permit the development on the property; and, 5. That staff report back on the impact of a proposed closure of Heydenshore Pavilion as a result of the recommended development and opportunities to accommodate programming in other municipal or external facilities. 2. Executive Summary: The Economic Development Division has been working with the principals of the Taggar Family Trust (TFT) during the past year in securing a convention centre and hotel in the Town of Whitby. TFT is an established name in the hospitality business with convention centres and soon to be hotels in Peel Region in the

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GTA. It owns and operates convention centres in Mississauga and has planning approvals to build a major complex in Brampton. TFT wishes to acquire the Town’s property at 280 Water Street for the purpose of constructing a convention centre, branded hotel and restaurant. This vacant industrial zoned property is approximately 7.2 acres in size and is located on the north side of Water Street across from Heydenshore Pavilion. The property is vacant and used as a temporary parking lot for Heydenshore Pavilion and as overflow parking for Kiwanis Heydenshore Park. The parking lot has not been improved as it has been the intent to sell the land for employment/economic development opportunities. The Economic Development Division has been actively marketing the property for years for office and prestige industrial uses. While there has been interest, no specific proposals have come to fruition. TFT views a hotel and convention centre in the eastern part of the GTA, specifically in Whitby, the geographic centre of Durham Region, as an opportunity. TFT is of the opinion the market is underdeveloped, in spite of banquet/convention centres and adjoining hotels located in Ajax and Oshawa. TFT’s exciting site plan concept and preliminary building elevations are presented in Attachments 2 and 3. Subject to Council approval to proceed, staff would negotiate an agreement of purchase and sale between the parties. The principal of TFT is seeking to secure an agreement and undertake planning approvals in 2017. TFT would commence development of the site in the spring of 2018 with a planned opening of the project in 2019. TFT is prepared to acquire the property at the appraised property value for the intended use of a hotel, convention centre and restaurant. A property appraisal was completed in July 2016. The property at 280 Water Street is zoned M1A industrial. It does not currently permit a hotel and convention centre. The Town is updating its Official Plan (OP) and policies are being incorporated in the new OP to permit hotel/banquet/convention centre uses along arterial roads, which would include the Town’s property on Water Street. Zoning would follow once the OP is approved by Council and the Region of Durham. The OP is expected to be approved in 2017. If Council supports the development of 280 Water Street, the parking that supports primarily Heydenshore Pavilion would be impacted. TFT requires the entire site for their proposal. The direction of Council in the past is that if the Town’s industrial land was sold and developed, then a parking lot located adjacent to and east of Heydenshore Pavilion would be built. Staff is of the opinion that paving over waterfront property for a parking lot is not the best use of park land. TFT has indicated that to proceed they would require Heydenshore Pavilion to be removed as it opens up the views and vistas of the waterfront to the convention centre, hotel and restaurant. The closure of Heydenshore Pavilion has a number of implications and staff would report back on the matter subject to the negotiations with TFT.

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3. Origin: The staff report is a result of extensive discussions over the past year by staff with the principals of the Taggar Family Trust about the opportunity to develop a hotel, convention centre and restaurant project on the lands owned by the Town of Whitby at 280 Water Street.

4. Background: While the Town of Whitby has a number of branded hotels, it does not have significant banquet or convention centre space associated with those hotels. There is convention centre/banquet space located in Ajax (Ajax Convention Centre and Deer Creek Golf Course) and more recently in Oshawa with the opening of the downtown Holiday Inn Express, and at Tosca and the former Holiday Inn, both in Oshawa. Mayor Mitchell who oversees the Economic Development Division, as well as all members of Council, has expressed the frustration of having important events such as the Whitby Chamber of Commerce Business Achievement Awards and Peter Perry event locate to an adjoining municipality because of the lack of large and modern convention centre space within the Town. There is banquet space located at the Royal Ashburn Golf Course, but there is no large convention space similar to what is available in adjoining municipalities. This is a significant economic development opportunity, from providing meeting and event opportunities for local and regional businesses, as well as for hosting larger Town and community events. A major hotel and convention centre would provide a combination of full time and part time jobs, and assessment on the vacant industrial land. The Economic Development Division has been marketing the Town’s vacant property on Water Street for years and while there have been many enquiries, no specific proposal or offers to purchase have been presented. The site is well suited for prestige industrial uses such as an office development; its location along Whitby’s waterfront also provides an ideal location for commercial uses such as a hotel, convention centre and restaurant. The property is approximately 7.2 acres and zoned M1A Select Industrial in Zoning Bylaw 2585. This permits a number uses including manufacturing, warehouse, commercial or technical school, office, bank, recreational or educational use, place of entertainment, restaurant and transport terminal (and other public and private uses), but does not permit a hotel and/or a convention centre/banquet hall. To permit this use, the Town’s Official Plan and Zoning Bylaw are required to be amended.

5. Discussion/Options: The principals that own the Taggar Family Trust are very experienced developers and operators of convention centres. The company has a significant presence in the western GTA, with no facilities east of Peel Region. The two Mississauga properties are the Versailles and Apollo Convention Centers. In 2017, TFT is planning construction of a hotel and convention centre complex in Brampton.

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The owner of the company, Mr. Taggar and his family, have toured Whitby on many occasions, looked at a number sites and are excited about moving forward with a large project on the Town’s property on Water Street. TFT is seeking to construct a 27,500 SF convention centre with a capacity to accommodate up to 1,000 persons; a 10,500 SF floorplate multi-level hotel; and 6,100 SF full service restaurant. A brand name hotel with extended stay rooms for business travellers and to support the sport tourism sector is being considered. TFT has relationships with the major hotel brands. The proposed project is expected to cost in the order of $25 million. The benefits of this development are many. In addition to the job creation and new taxes generated, the development would enhance Whitby’s waterfront, be in close proximity to Whitby/Durham Region corporate businesses, provide a large convention space to host corporate functions, community and Town events and stop the leakage of these events to neighbouring municipalities. The advantage of the Water Street property is that it would be the only large combined convention space and hotel on Durham’s waterfront. The hotel would also support the Town’s sport tourism marketing efforts, especially being in close proximity to Iroquois Park Sports Centre, Port Whitby Marina and the Abilities Centre. The size of the proposed project would require all of the Town’s property, displacing the existing parking that is used primarily for Heydenshore Pavilion. TFT has indicated Heydenshore Pavilion should be removed to allow for the views and vistas of the lake. It is also a venue that would in part compete with the convention centre for certain events. The demolition of Heydenshore Pavilion would eliminate the Town’s annual operating cost and the capital investment required to both maintain and improve Heydenshore Pavilion in the future. It would avoid the construction of a large and costly parking lot on the south side of Water Street and would preserve valuable parkland. On the downside, the removal of Heydenshore Pavilion would eliminate the facility that is used for public recreation programming and for Town and community events. Staff would report back separately to Council on Heydenshore Pavilion as to the extent of use and recommendations on how public uses would be addressed going forward at other municipal/public/private facilities. There would be some impact on parking to support Kiwanis Heydenshore Park with the loss of the parking lot due to the development, however, the Commissioner of CMS has had preliminary discussions with the Public Works Department to include on street angled parking on Water Street when it gets urbanized in the near future, as well as parking along the South Blair road allowance that extends east of Heydenshore Pavilion. Despite the large project that TFT is planning in Brampton, the principal of the company Mr. Taggar, does not see that as an impediment or distraction to proceed with a Whitby project in 2018/2019. He has indicated the company has the resources and internal financing and access to financing for his projects due to the success of his company.

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6. Public Communications/Plan: Further Staff reports would be presented to Council if the proposed recommendations and next steps are approved.

7. Considerations: 7.1. Public Staff will report back on the community impact if this development were to proceed.

7.2. Financial The developer, Mr. Taggar and the Taggar Family Trust, has indicated they are prepared to purchase the property at the appraised property value for the hotel, convention centre and restaurant project.

7.3. Impact on and input from other Departments/Sources The Corporate Services, Planning and Development and Legal Services Departments would be involved in moving this project from approval to completion if approved.

7.4. Corporate and/or Department Strategic Priorities The proposed project is consistent with Council’s 2014 – 2018 Goals as follows: To ensure Whitby is clearly seen by all stakeholders to be business and investment friendly and supportive; and to strive to continuously improve the effectiveness and efficiency of service delivery. To become the destination of choice for visitors from across Durham Region and the Greater Toronto Area; to realize the economic and social benefits of our downtowns, waterfront and green spaces in developing local tourism; and to create more things to do and places to enjoy.

8. Summary and Conclusion: That Council support the proposed development of the Town property located at 280 Water Street; that staff be authorized to negotiate an agreement of purchase and sale and to report back to Council on the draft agreement; and that staff report back on the implications to Heydenshore Pavilion if the development were to proceed.

9. Attachments: Attachment 1 - Town of Whitby Water Street Property Attachment 2 - Proposed Hotel, Convention Centre and Restaurant Concept Plan

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Attachment 3 – Proposed Hotel, Convention Centre and Restaurant Concept Elevations For further information contact: Peter LeBel, Commissioner of Community and Marketing Services, x4319

Original Approved and Signed.

Peter LeBel, Commissioner of Community and Marketing Services, x4319

Original Approved and Signed.

Doug Barnes, Interim Chief Administrative Officer, x2211

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Page 208 of 449 Report Number: CMS 04-17 Report to: Operations Committee Title: Attachment 1 - Water Street 0 SITE MAP 25

50 Kiwanis Heydenshore Park Heydenshore Kiwanis

100

Water St Water

2.89 hectares 2.89

Water Street Water 7.14 acres 7.14

Heydenshore

Pavilion 150m LEGEND PARCEL PARK AND OPEN SPACE SUBJECT PARCEL Page 209 of 449 Agenda Item # 6.13 South Blair St Attachment 2 Page 210 of 449 Agenda Item # 6.13

Attachment 2 Attachment 3 Page 211 of 449 Agenda Item # 6.13

Attachment 3 Agenda Item # 6.14

Town of Whitby Report

Report to: Operations Committee Date of meeting: January 23, 2017 Department: Community and Marketing Services Department

Report Number: CMS 05-17 File Number(s): N/A

Report Title: 128 Brock Street South 1. Recommendation: 1. That Council support the redevelopment of the municipally owned property at 128 Brock Street South (the property/building occupied by the Whitby Chamber of Commerce and Town Parking By-Law Enforcement Staff); 2. That Council endorse the redevelopment of the property for a more extensive office and commercial complex to support Council’s Goals of clearly being seen by all stakeholders to be business and investment friendly and supportive; and to leverage municipal tools and resources to generate local jobs and prosperity; 3. That Council endorse the sale and redevelopment of the property to the private sector through a process of an Expression of Interest to be administered by Staff; 4. That Council direct Staff to prepare the draft Terms of Reference for an Expression of Interest for the redevelopment of the property; 5. That Staff report back to Council with the draft Terms of Reference for approval by the end of the first quarter 2017; and, 6. That the tender award for the exterior maintenance renovations for 128 Brock Street South not be undertaken and staff be directed to inform the general contractor that the project is cancelled. 2. Executive Summary:

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Council previously directed staff to undertake an Expression of Interest for the redevelopment of the former fire hall site. That process is almost complete and staff is in the final stage of negotiations with the preferred developer. It is anticipated the announcement of that project will be made shortly by Council. One of the other key opportunities for redevelopment is the Town property at 128 Brock Street South, on the opposite corner to the fire hall site. The property is occupied by the Whitby Chamber of Commerce (WCC) and Town Parking By-law Enforcement staff. The building is in disrepair and is not very functional as an office. The Brock and Colborne Streets facades are poor, and do not support an image of a progressive downtown. It is time to restore the building or demolish it. Restoring the building would be very expensive. A building assessment has been completed and a tender was issued in the 4th quarter 2016 for some exterior maintenance and repairs. It is recommended that those repairs not be undertaken. Those are only repairs to some of the structural aspects of the building and it does not address all of the building deficiencies and does not include capital dollars to enhance the exterior facades or the functionality of the building. It is further recommended that an Expression of Interest (EOI) be prepared and issued for the sale and redevelopment of 128 Brock Street South. The purpose of the EOI would be to seek proposals from interested developers to redevelop the property for a larger office/commercial complex. A redeveloped larger office/commercial complex would attract more innovation companies, produce higher value added jobs, and generate more taxable assessment within downtown Whitby, consistent with Council’s Goals. If Council is supportive of this initiative, staff would prepare draft Terms of Reference for the EOI with the objective of securing approval by Council to issue the EOI in the second quarter of 2017.

3. Origin: The staff report originates with the Community and Marketing Services Department, Economic Development Division.

4. Background: The property at 128 Brock Street South contains a single storey building, some minimal landscaping and a small parking lot for the building tenants. The building was constructed in 1949 as the Whitby Public Utilities Commission offices and garage. It was renovated in 1961. From 1979 to 1990 the building was used as the offices of the Whitby Hydro Electric Company. The main portion of the building has been occupied by the Whitby Chamber of Commerce since 1990. One room on the west side of the building is used by Town Parking By-law Enforcement staff.

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The building has a partial basement located on the eastern portion of the structure. The ground floor area is approximately 4,470 SF. A staff report was withdrawn from the December 5, 2016 Operations Committee agenda regarding a tender for some exterior maintenance. The tender was for the removal of the existing windows and the supply and installation of new windows and repointing and replacement of some brick. A building condition assessment was completed by Barry Bryan Associates and a report was issued in January 2016. The exterior brick masonry walls are aged and weathered and require repair in localized areas. Upgrades to the mechanical and electrical system and plumbing are required, the roof is near the end of its useful life expectancy and needs to be replaced, there is evidence of water damage in the basement, the windows and doors need to be replaced and the building is not barrier free. The asphalt parking lot is in very poor condition with moderate to severe deterioration. Any significant interior renovations would trigger the requirement to meet the Building Code and Fire Code and accessibility standards. In other words, the building and adjoining parking lot are in poor condition, and will require at least $490K of renovations over the immediate to mid- term (within 10 years), excluding engineering, design fees, and contingencies, as estimated by BBA. It is projected with fees and the need for a large contingency allowance that the budget would be $650 - $750K. The building is not designated or listed as being of historical significance by LACAC’s inventory of buildings.

5. Discussion/Options: The Town property at 128 Brock Street is 0.25 acres in size. It is zoned C3-DT (Central Commercial 3 - Downtown Zone) in the downtown Whitby secondary plan. Permitted uses include private offices, offices of a public agency, commercial school, clinic, bakeshop, personal services establishment, retail store, among other commercial uses. The minimum height for buildings along Brock Street between Colborne and Mary Streets is three storeys and the maximum height is six storeys. The interior of the building is poorly laid out and does not maximize the opportunity to create efficient office space, and is not accessible to the large board room on the upper level and does not have accessible washrooms. To improve the interior to address accessibility and provide more efficient office space would be costly. Its primary use is the offices of the Whitby Chamber of Commerce and the Town’s Parking By-law Enforcement Division utilizes some small space on the west side of the building for their office. A parking lot for the building is located on the west side (Attachment 1).

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The property is located prominently at the north west corner of Brock and Colborne Streets. It is diagonally across from the former fire hall site which is the subject of a redevelopment proposal under review by the municipality. The opportunity would be to have the site redeveloped with a larger office/commercial building, with more floors than the current one storey and much better architectural prominence. Providing more office space in downtown Whitby would support Council’s long term vision of making downtown Whitby a stronger employment district, with a focus on creating an innovation hub. Some studies including a phase 1 and 2 environmental site assessment, a geotechnical review and a designated substances review would be required. Depending on the findings of these studies, it could affect the value of the property as a development site. It will need to be determined if the Town should undertake those studies, or whether it would be the responsibility of the developer as part of their due diligence. It is noted the municipality completed the environmental studies for the fire hall site. The property in the longer term has greater value as a redevelopment site with a developer committed to having a larger office/commercial building constructed. The attachment appended to the staff report is intended to illustrate what ‘could be’ as opposed to what ‘should be’ for the site. The larger the building envelope, the better the opportunity to attract more companies, more jobs and generate more taxable assessment. There is economic value with the site as is with the building and parking lot. There may be interest by a developer and/or commercial property owner to acquire the site and undertake minimal renovations and continue to use it as a rental property. While this would provide financial gain to the municipality through a purchase and sale, it would not address the redevelopment opportunity of the property/site for a larger office/commercial complex that would enhance the street presence and appeal of this area within downtown Whitby. Council may choose to direct staff on what direction they wish to pursue through the EOI process. It should be noted the Commissioner of Community and Marketing Services has been approached by a large residential, commercial and office developer to acquire the property for the purpose of redeveloping it as an office/commercial site. The Commissioner of Community and Marketing Services met with the interim CEO/Board Chair of the Whitby Chamber of Commerce in December 2016 to discuss the opportunity to relocate the WCC. The interim CEO/Board Chair fully understands the opportunity to redevelop the site and especially if it is repurposed to attract more companies and jobs to the downtown. Two Town buildings were discussed as possible locations for the WCC; the former Land Registry Office at 400 Centre Street South, which is now under renovation;

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and the house located at 312 Colborne Street West adjacent to the Whitby Public Library/Town municipal parking lot. Parking By-law Enforcement Staff would also be required to relocate to another location. If parking staff needs to be in downtown, then other municipal buildings or private sector lease options would need to be explored. Other real estate options to move the WCC should be reviewed with the Board. If Council approves moving forward with an EOI, the WCC and Town staff would not need to relocate in the near term, as the EOI process would take some time to execute and report back to Council, review proposals, select a proponent and undertake negotiations. The WCC is proceeding with hiring a new CEO and is expected to have the position filled in a couple of months. The interim CEO/Board Chair would seek to have the new CEO involved in future discussions with the Town, as well as the Board. It is not recommended that the Town complete any renovations to the building. CMS facilities staff can undertake some minor repairs to prevent water penetration around areas such as windows and doors, but it would not be prudent to invest significant capital dollars if the Town were to proceed to seek a developer to acquire the property through an EOI process. In that regard, staff is seeking Council’s direction/approval to inform the general contractor (low bidder) of the tender for the exterior renovations that the project is cancelled. In summary, staff is recommending that Council consider a new approach for 128 Brock Street South, an approach that would complement the redevelopment planned for the fire hall site, and an approach that would enhance the downtown with a more modern office/commercial building and that will bring more jobs and taxable assessment to the municipality.

6. Public Communications/Plan: The public would be informed through staff reports presented to Council as the EOI process proceeds. The Whitby Chamber of Commerce would be kept informed as the EOI process proceeds by the Commissioner of CMS.

7. Considerations: 7.1. Public The Commissioner of Community and Marketing Services Department met with the interim CEO/Board Chair of the Whitby Chamber of Commerce (WCC) to discuss the future relocation of the WCC and staff’s intended presentation to Council on the redevelopment of the WCC property. There is agreement that creating more office and commercial space and the advantage the site offers for redevelopment is a good opportunity for the Town.

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7.2. Financial There will be some minor expenses associated with the issuance of the EOI for advertising and promotion purposes. There would be additional expenses if the Town completed Phase 1 and 2 environmental site assessments and a geotechnical study. The decision could be made to have the selected developer of the EOI process undertake the studies as part of their due diligence process. The Town’s property appraisal may have to be updated. It should be noted that the property is valued higher if it is sold with the building. An appraisal completed in 2013 valued the property $200,000 higher with the building versus a vacant development site. Subject to Council approval to proceed with the EOI, it is not recommended that the building be demolished by the Town and sold as a vacant development site. The EOI would define the objective to have the site redeveloped, but it would be sold with the building and parking lot in place.

7.3. Impact on and input from other Departments/Sources All municipal departments would be involved in the Expression of Interest process if Council approves moving forward. Similar to the EOI for the fire hall site, it is recommended a senior staff team be assembled to coordinate the EOI process, and that it be led by the Commissioner of Community and Marketing Services.

7.4. Corporate and/or Department Strategic Priorities The proposed recommendations are consistent with Council’s 2014-2018 Goals as follows: To continue the Whitby tradition of responsible financial management and respect for taxpayers; and to understand the importance of affordability to a healthy, balanced community. To ensure Whitby is clearly seen by all stakeholders to be business and investment friendly and supportive; and to strive to continuously improve the effectiveness and efficiency of service delivery. To build downtowns that are pedestrian focused destinations; to leverage municipal tools and resources to generate local jobs and prosperity; to facilitate a major, multi-faceted, downtown supportive investment on the lands on and around the fire hall site; and to gain local ownership of Baldwin Street through downtown Brooklin.

8. Summary and Conclusion: That Council support the redevelopment of the municipal property located at 128 Brock Street; and that staff be authorized to prepare draft Terms of Reference for

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an Expression of Interest for the purpose of selling the property for the redevelopment of the site.

9. Attachments: Attachment 1 - Property Site Attachment 2 – Redevelopment Concept For further information contact: Peter LeBel, Commissioner of Community and Marketing Services x4319

Original Approved and Signed.

Peter LeBel, Commissioner of Community and Marketing Services x4319

Original Approved and Signed.

Doug Barnes, Interim Chief Administrative Officer, x2211

Report to: Operations Committee Report number: CMS 05-17 Page 7 of 7

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Report to: Operations Committee Report Number: CMS-05-17 Title: Attachment 1 - 128 Brock Street South Map

128 Brock St S 0.25 acres Brock St S .010 hectares

Colborne St E

SITE MAP LEGEND

0 5 10 25 50m SUBJECT PARCEL

Page 219 of 449 Attachment 2 Page 220 of 449 Agenda Item # 6.14 Agenda Item # 6.15

Town of Whitby Report

Report to: Operations Committee Date of meeting: January 23, 2017 Department: Community and Marketing Services Department

Report Number: CMS 06-17 File Number(s): n/a

Report Title: Sky Zone Trampoline Park Naming Rights Sponsorship at Iroquois Park Sports Centre 1. Recommendation: 1. That Council approve the Sky Zone Trampoline Park naming rights sponsorship at Iroquois Park Sports Centre, including renaming Arena 2 to ‘Sky Zone Arena 2, under the terms and conditions identified in Community and Marketing Services Report CMS 06-17. 2. Executive Summary: The Advertising and Sponsorship Division of CMS actively solicits the business community for sponsorship participation in Town facilities. Top level sponsorship packages include ‘Naming Rights’ to certain facilities, subject to Council approval. Wendy’s (Restaurants), the previous naming rights sponsor for Arena 2 at Iroquois Park Sports Centre (IPSC) declined to renew their sponsorship position at the end of their term on November 21, 2016. Local business, Sky Zone Trampoline Park, was approached for sponsorship in late 2016 and after negotiations, an agreement in principle was reached for a replacement naming rights sponsorship for IPSC Arena 2. The position includes branding at IPSC plus advertising positions in the McKinney Centre and Luther Vipond Memorial Arena. The term of the sponsorship agreement is for one year. Subject to Council’s approval, IPSC Arena 2 would be titled ‘Sky Zone Arena 2’ for the term of the sponsorship. Total revenue that would accrue to the municipality over the term of the sponsorship would be $22,500.

3. Origin:

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Community and Marketing Services Department Report CMS 06-17 originates with the Advertising and Sponsorship Division.

4. Background: The Advertising and Sponsorship Division of the Community and Marketing Services Department has undertaken sponsorship sales initiatives which include naming rights to certain Town of Whitby facility/property features. This started in 2000 with naming rights to Arena 2 and 3 at IPSC being sponsored by and renamed Sobeys Arena 2 and Volkswagen Arena 3 respectively. The program expanded to include the Civic Recreation Complex in 2003, McKinney Centre in 2004, the new Port Whitby Marina (PWM) Clubhouse banquet room, the McKinney Youth Drop-in Centre in 2005, and the new Brooklin Community Centre and Library in 2010. More recently, Council approved the Scotiabank Arena 1 sponsorship at IPSC in 2009, Wendy’s Arena 2 in 2011 and Whitby Hydro ‘SaveONenergy’ Arena 5 in 2012. Typically, these naming rights sponsorships are part of a package which includes a suite of signage and other marketing benefits. They range from $5,000 annually (PWM Lounge) to over $40,000 annually (the most valuable IPSC Arena). Many naming rights sponsorships have been renewed for multiple terms while others have been released, resold and renamed, such as the Sobeys Arena 2 which became Giant Carpet and Flooring Arena 2, and most recently Wendy’s Arena 2.

5. Discussion/Options: Sky Zone Trampoline Park is the world’s first indoor trampoline park, with locations in Mississauga, Vaughan, Toronto and Whitby at 240 South Blair Street. The company provides fun and active entertainment for all ages based on multiple trampoline units combined with foam landing pits, basketball nets and elements of other sports. The experience combines bouncing, flipping and related trampoline activities to produce the feeling of ‘weightlessness’ in a safe environment. The proposed Sky Zone sponsorship is similar to earlier naming rights sponsorship packages for Arena 2, and is consistent with established sponsorship programs at IPSC and other Town properties. The proposed fee for the sponsorship package reflects current market conditions and is in line with the sponsorship range of fees currently available and sold within IPSC. The proposed Sky Zone naming rights sponsorship would include the following positions at Arena 2 and throughout Iroquois Park Sports Centre:

• Backlit sign (16” x 8’) at the entrance to Arena 2 off the central lobby

• Full graphic wrap on both entrance doors into the arena

• Backlit sign (8’ x 16’) at the centre of the arena

• Centre ice logo (up to 30’)

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• Two neutral zone ice logos (up to 12’ x 15’)

• A double size rinkboard feature (30” x 192”)

• Four dressing room door signs (approx. 11” x 17”) in Arena 2

• One rinkboard sign (30” x 96”) in each of the other 5 IPSC rinks

• One 4’ x 18’ backlit sign in Owasco Arena 3

• Lobby rights – six times annually to set up and staff a display at IPSC

• Distribute Sky Zone flyers through the existing brochure kiosk in IPSC Also included are three additional rinkboard signs (30” x 96” each); two at the McKinney Centre and one at Luther Vipond Memorial Arena. The proposed new name, ‘Sky Zone Arena 2’, would be used in Town of Whitby publications, promotional materials, rental permits and the website as appropriate. Sky Zone would be responsible for the production costs associated with the sponsorship signage package. This is standard practice with the Town’s sponsorship program. Subject to Council approval to the naming rights for IPSC Arena 2, the arena would be resigned with a target introduction of February 1, 2017.

6. Public Communications/Plan: The Advertising and Sponsorship Division will work in partnership with Sky Zone Trampoline Park to publicize this sponsorship.

7. Considerations: 7.1. Public The revenue generated by the Advertising and Sponsorship program reduces the cost to provide municipal services at Town facilities and therefore the overall tax burden.

7.2. Financial The proposed sponsorship fee is $22,500 for one year. The client is responsible for the cost of the production of the sponsorship signage and materials.

7.3. Impact on and input from other Departments/Sources N/A

7.4. Corporate and/or Department Strategic Priorities This initiative is consistent with Council’s 2014 – 2018 Goals, specifically:

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Page 223 of 449 Agenda Item # 6.15

3. To continue the Whitby tradition of responsible financial management and respect for taxpayers; and to understand the importance to a healthy, balanced community.

8. Summary and Conclusion: The proposed Sky Zone Trampoline Park sponsorship is consistent with Town directed initiatives and practice in the Advertising and Sponsorship Division. It would generate additional revenue for the Town of Whitby and assist in offsetting facility costs.

9. Attachments: n/a For further information contact: Doug Blakely; Manager of Advertising and Sponsorship Sales, x2104

Original Approved and Signed.

Peter LeBel, Commissioner of Community and Marketing Services, x4319

Original Approved and Signed.

Doug Barnes, Interim Chief Administrative Officer, x2211

Report to: Operations Committee Report number: CMS 06-17 Page 4 of 4

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Town of Whitby Report

Report to: Operations Committee Date of meeting: January 23, 2017 Department: Office of the Town Clerk

Report Number: CLK 01-17 File Number(s): G20

Report Title: Review of Fees and Charges – Office of the Town Clerk 1 . Recommendation: 1. That the proposed Fees and Charges for the Office of the Town Clerk, outlined in Attachments 1 and 2 appended to this report, be approved; and, 2. That the Clerk be directed to incrementally consolidate fees and charges levied by the Town into a corporate fees and charges by-law at such time as Departments bring forward reviews of existing fees and charges. 2. Executive Summary: The Office of the Town Clerk has undertaken a review of fees and charges for services provided under its purview. Research of similar fees in comparator municipalities was gathered, in addition to determining whether fees are representative of the cost involved in delivering the associated services. Increases are being recommended for existing fees and charges, in addition to proposing new fees and charges.

3. Origin: Section 391 of the Municipal Act, 2001 provides that a municipality may impose fees or charges on persons for services or activities provided or done on its behalf, for costs payable by it or on its behalf, or for use of its property, including property under its control. Fees and charges levied by the Town should be reviewed annually as a best practice. The Office of the Town Clerk has undertaken a review of its fees and

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charges to coincide with the budget approval process, and will continue to do so annually hereafter.

4. Background: Many of the fees and charges for services offered by the Office of the Town Clerk have not been comprehensively reviewed since 2004. It is proposed that fees and charges relevant to the Office of the Town Clerk will be pulled from the various enabling by-laws (i.e. Business Licensing By-law 5545-04) and included in a consolidated fees and charges by-law. As a review of the fees and charges from the Office of the Town Clerk coincides with a review of fees and charges by Public Works and Legal and By-law Services, it is proposed that these departments will begin the process of corporately consolidating fees and charges into one by-law, a by-law that will eventually include all fees and charges levied by the Town.

5. Discussion/Options: Existing and proposed fees and charges for the Office of the Town Clerk are outlined in Attachment 1 for general administrative matters and Attachment 2 for business licensing. In most instances, fees have been adjusted to reflect the going rate charged by municipal comparators and the cost of providing a service. A few noteworthy additions and changes to certain fees are as follows: Business Licensing Fees – substantial increases for business licensing fees is being recommended as the majority of these fees have remained the same since the Business License By-law was enacted in 2004. In some cases, such as Adult Entertainment and Body-Rub licenses, the license fees charged by the Town of Whitby are 5% to 10% of the fees that comparator municipalities charge. While the fees are being revised upwards, the new fees are still on average lower than the fees charged by the Town’s comparators. It is the intent of Staff to continue proposing increases to business license fees on an annual basis until such time as Whitby is on par with its comparators. In order to notify business owners of the change in licensing fees, it is recommended that the proposed licensing fees do not come into force until March 1st, thereby allowing Clerk’s Staff the opportunity to provide notice through renewal reminder letters. Accessible Taxicab Owner – the Town’s Accessibility Advisory Committee has requested the Town Clerk investigate ways to increase the number of accessible taxicabs currently available through taxicab brokers. Currently, each broker is required to have at least one accessible taxicab in service. It is proposed that the business license fee to own and operate an accessible taxicab be reduced to $50 in recognition of the substantial upfront costs required to outfit a taxicab to meet the Town’s accessible taxicab criteria. Commission Affidavits and Certify True Copies, Residents (limit of four documents per charge) – currently the Town only charges non-residents to Commission Affidavits under the Commissioners for Taking Affidavits Act. It is proposed that the Town charge residents a reduced $10.00 fee (less than the $25 fee charged to non-residents) to offset the Staff time to provide this service.

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Marriage Ceremony, Council Chambers Booking – it is proposed that a booking fee be established for the use of Council Chambers for civil marriage ceremonies. The current cost of $250 for a marriage ceremony does not cover the cost of custodians setting up the room and generally making the room available for a private function. It is proposed that a $50 fee be imposed for the use of Council Chambers for this purpose. Registration of Death (after hours) – the Town incurs significant costs when staff are called on weekends and holidays to register a death for funeral homes. There are substantial overtime costs incurred to provide this service, and the increase in this fee better reflects the Town’s actual costs. Line Fence Dispute Administration – The Town has not received a request for a line fences dispute under the Line Fences Act for some time, but this fee represents the significant administrative effort required to handle this process. Records Search Not Freedom of Information – although not common, there could be requests to search for records outside the Freedom of Information process, and this hourly fee would be charged to fulfill such requests. Municipal Consent Forms for Liquor License Applications – the Planning Department and Office of the Town Clerk oversee the process of commenting on requests from private establishments to obtain a liquor license from the Alcohol and Gaming Commission of Ontario (AGCO). The proposed fee assists in offsetting the Town’s costs to comment on these applications.

6. Public Communications/Plan: Fees and charges levied by the Town are noted on the Town’s website and in any specific documentation for services that the fee pertains. Business owners will be notified of the change in licensing fees through renewal reminder letters that are sent 30 days in advance of the license expiring.

7. Considerations: 7.1. Public Fees and charges assist in offsetting the general tax levy by requiring persons who access a service to pay for a portion of the costs to provide that service, thereby avoiding having the service entirely subsidized by ratepayers.

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7.2. Financial Fees and charges are important forms of revenue for the Town and are integral to delivering many services provided by the Town by offsetting the costs of those services. The number of business licenses the Town issues has been steadily increasing since 2011, rising from 409 to 829 in 2016.

2016 2015 2014 2013 2012 2011

Licenses 829 773 769 694 508 409 Issued

The proposed increase in licensing fees (Attachment 2) is expected to result in $30,000 of additional revenue. Given the increase in the number of licenses issued over the last few years, Staff will be seeking resources through the 2017 budget process to assist with the additional workload. Although not identified in the list of staffing requirements presented with the 2017 budget target report, CS 04-17, additional resources will self funded through the proposed increase in licensing fees. The proposed increase of general administrative fees (Attachment 1) is expected to result in approximately $14,000 in new revenue.

7.3. Impact on and input from other Departments/Sources The Corporate Services Department has reviewed the fees and charges of the Office of the Town Clerk to determine HST applicability. Further, the Office of the Town Clerk will work with Corporate Services to ensure the anticipated increase in revenue from the proposed changes to fees and charges is incorporated into the 2017 budget process.

7.4. Corporate and/or Department Strategic Priorities A review of fees and charges by the Office of the Town Clerk is consistent with Council’s goal to continue the Whitby tradition of responsible financial management and respect for taxpayers; and to understand the importance of affordability to a healthy, balanced community.

8. Summary and Conclusion: The Office of the Town Clerk has conducted a review of fees and charges for services provided under its purview. Changes are being recommended to ensure that Whitby is cost competitive with comparator municipalities and that fees are reflective of the underlying costs to provide services.

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9. Attachments: Attachment 1 – Fees and charges for general administrative matters Attachment 2 – Business licensing fees For further information contact: Christopher Harris, Town Clerk, x4302

Original Approved and Signed Christopher Harris, Town Clerk, x4302

Original Approved and Signed Doug Barnes, Interim Chief Administrative Officer, x2211

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Attachment 1 - CLK 01-17 Fees and Charges for General Administrative Matters

Existing Fee Title Proposed Fee Fee Basis Fee Photocopies $0.65 $0.70 Per Page Fax Transmittal $0.00 $4.00 Per Page Commission Limit of 4 Affidavits (non- $25.00 $25.00 documents residents) Certify True Limit of 4 Copies (non- $0.00 $25.00 documents residents) or copies Commission Limit of 4 Affidavits $0.00 $10.00 documents (residents) Limit of 4 Certify True $0.00 $10.00 documents Copies (residents) or copies Pension Affidavits Exempt Exempt (Seniors) Marriage Licence $125.00 $130.00 Per License Marriage Per $250.00 $250.00 Ceremony Ceremony Marriage Ceremony Non- $50.00 $50.00 Cancellation refundable Charge Marriage Ceremony - Per $0.00 $50.00 Council Chambers Ceremony Booking

Lottery Licence 3% of Prize 3% of Prize Per License Registration of Per Death (during $25.00 $25.00 Registration business hours)

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Registration of Per Death (after $25.00 $125.00 Registration hours) Line Fence Per Dispute $0.00 $250.00 Application Administration Records Search Not Freedom of $0.00 $45.00 Per Hour Information Municipal Consent Forms for Liquor Per $0.00 $50.00 Licence Application Applications *Note: All disbursement costs incurred by the Town are in addition to any other fees required to be paid as set out in this by- law or otherwise assessed.

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Attachment 2 - CLK 01-17 Business Licensing Fees Proposed Fee Title Existing Fee Fee Basis Fee* Adult Entertainment Parlour $120.00 $500.00 Per License Establishment Body-Rub $120.00 $300.00 Per License Establishment Body-Rub $120.00 $200.00 Per License Attendant Body-Rub $120.00 $300.00 Per License Operator Body-Rub $120.00 $300.00 Per License Owner Taxicab and Limousine Limousine $80.00 $100.00 Per License Driver Limousine $120.00 $150.00 Per License Owner Taxicab Broker $80.00 $250.00 Per License

Taxicab Driver $80.00 $100.00 Per License

Taxicab Owner $120.00 $150.00 Per License Wheelchair Accessible $120.00 $50.00 Per License Taxicab Owner Retail Food Premises $120.00 $180.00 Per License

Pawnbroker $100.00 $150.00 Per License Salvage Yard/Shop and $120.00 $150.00 Per License Second Hand Shop Fireworks from a Mobile Sales $200.00 $225.00 Per License Premise

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Other Auctioneer $80.00 $100.00 Per License

Exhibition $100.00 $200.00 Per License

Group Home Per $125.00 $125.00 Registry Registration

Lodging House $120.00 $200.00 Per License Refreshment $250.00 $250.00 Per License Vehicle - New Refreshment Per Vehicle - $200.00 $200.00 Renewal Renewal Late Penalty License Renewal renewal past $0.00 $50.00 Late Fee due 15 days

*Proposed fees to take effect on March 1, 2017

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Town of Whitby Report

Report to: Operations Committee Date of meeting: January 23, 2017 Department: Office of the Town Clerk Report Number: CLK 02-17 File Number(s): G20

Report Title: Second Corporate Policy Review – Removal of Redundant Policies 1. Recommendation: 1. That Report CLK 02-17 of the Office of the Town Clerk be received for information; 2. That the following obsolete or redundant policies be rescinded: 1-0-03 Town Liability and Procedure for Compensation in the Event of a Flood 1-0-08 Public Use of Municipal Building 1-0-10 Adoption of Marigold as Town Flower and Use of Victorian Design Theme for Future Municipal Buildings 1-0-15 Liability Insurance – Council and Staff 1-1-05 Employment of Students During School Vacation Periods 1-1-06 Employment Policies for Management Personnel 1-1-07 Employment of Relatives – Management, Union and Part-time Employees 1-1-09 Employee Relationships – Whitby Fire Department 1-1-10 Benefits for Non-Union Personnel During Probationary Period 1-1-12 Rejection of Applicant for a Job Posting 1-1-14 Policy on Moving Allowance for Management Personnel 1-1-16 Policy for Councillors, Department Heads for Attendance at Conferences, Conventions and Seminars 1-1-18 Benefits for Disabled Employees (L.T.D) 1-1-21 Retaining Legal Council for Employees 1-1-28 Retirement of Municipal Employees 1-1-29 Retirement Tribute

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1-3-01 Processing of Requests for Municipal Clearance under the Liquor Licence Act, 1990 1-3-03 Execution of Certain Documents and Agendas 1-3-06 Application for Registration in Land Titles – Execution of Consent and Waiver Notice 1-3-07 Special Occasion Permits – Town Approval of Community Festival and Outdoor Events 1-3-08 Temporary Closing of Roads for Street Dances 1-3-10 Liability Insurance for Special Events 1-3-11 Fund Raising Tolls – Public Highways 1-3-15 Town Appointment of Private Security Personnel as Municipal Law Enforcement Officers for the Purpose of Enforcing Parking Provisions on Private Property

2-2-02 Purchasing parts, Services and Goods 2-2-03 Tender Deposits 2-2-04 Use of Newspapers for Advertising 2-2-05 Awarding Tender Contracts During Summer Recess of Council 2-2-06 Involvement of Members of Council in the Tendering and Quotation Process

3-1-02 Erection of Private Building, etc., on Municipal Property 3-1-03 Location of Cenotaph 3-1-04 Mortgages Taken Back on Sale of Municipal Property 3-1-05 Development of Property Sold by the Town as a Condition of Sale 3-2-07 Circulation of Zoning and Subdivision Applications to the Local Architectural Conservation Advisory Committee (LACAC) 3-2-10 Authority to Appeal Decisions of Land Division Committee and Committee of Adjustment 3-2-12 Public Notification Policy for Applications to Amend the Existing Town of Whitby Official Plan 3-2-13 Condominium Conversion Application Under Subsection 4(1) of the Rental Housing Protection Act, 1989 3-2-17 Part Lot Control 3-3-03 Site Plan Agreements – Road Widening 3-3-04 Adequacy of Water Supply for Fire Protection Services as a Condition of Development – Dundas Street East between Anderson Street and Glen Hill Drive 3-3-06 Pre-cast Curbing in Site Plans 3-3-10 Site Plan Approvals During the Summer Recess of Council 3-4-01 Applications for Amendment to Zoning By-law 2585 and 1784 (As Amended) Information and Rules of Procedure 3-4-09 Subdivision Agreement Negotiations 3-4-10 Masonry Feature Entrance Walls in Plans of Subdivision 3-4-11 Bicycle Paths 3-4-12 Underground Cables

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3-4-14 Town Assumption of Streets, Street Widening and Walkways in Plans of Subdivision 3-4-16 Length of Cul-de-Sacs in Plan of Subdivision 3-4-17 Applications for Approval of Subdivision Plans, Information and Rules of Procedure 3-4-18 Subdivision Sales Trailer/Offices

5-0-02 Cleaning Driveways of Snow 5-0-03 Energy Conservation Program – Propane Conversion 5-0-04 Ontario Provincial Standard Drawing 5-0-07 Stormwater Management – Watercourse Erosion Control 5-1-03 Apportionment of Building Permit Fees 5-2-02 Cleaning of Basements After Storm Sewer Flooding 5-2-04 Special Events on Regional Roads 5-2-10 Storm Sewer Servicing for Properties Fronting on Storm Sewer and Street Reconstruction Projects

6-0-03 Procedure for Reporting Vandalism and Reward 6-0-05 Project Funding Policy 6-0-07 Turf Maintenance and Level of Service 6-1-02 Priority for Use of Town Facilities 6-1-06 Loss or Damage of Articles at any Parks and Recreation Facility 6-1-12 The Sale and Distribution of Food and Benerages by the Public in Town Facilities 6-1-15 Community Requests Related to Special Events Held on Town Property 6-1-16 Use of Town Owned ice Skating Areas by the Durham Boards of Education 6-1-17 Permitting of Municipal Community Hall Facilities 6-1-18 Naming of Whitby Civic Centre 6-1-19 Outdoor Athletic Facilities (Ball Fields and Soccer Fields) 6-2-05 Parkland Development Policy 6-2-09 Pathway Lighting – Parks and Open Space Areas 6-4-03 Animal Control and Pound Policies

HR 020 Employee Assistance Program

3. That the Town Clerk be authorized to give effect to the above; and,

4. That Council approve the revised Standards for Town Policies and Procedures Policy as shown in Attachment #1 2. Executive Summary: The purpose of this report is to obtain Council approval to delete obsolete and redundant policies from the existing Corporate Policy Manual. This will result in a more current Policy Manual that will only contain policies that are still relevant and referenced.

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3. Origin: The Office of the Town Clerk has commenced a review of the Corporate Policy Manual further to Council approval for the removal of redundant policies in accordance with Report CLK 04-16. This report presents a number of additional policies that have been identified for repeal. Council originally approved the Standards for Town Policies and Procedures on February 11, 2013. Revisions are being recommended for Council approval to ensure that all policies and procedures are developed by staff in accordance with an established policy framework and approved in accordance with defined parameters. 4. Background: The Office of the Town Clerk has been engaged in an ongoing review of Corporate policies in order to eliminate policies that are outdated and redundant. At the Regular Council meeting of February 29, 2016, Report CLK 04-16 was approved to complete the initial phase of removing redundant policies. This report is the final phase to remove redundant policies prior to launching the updated Corporate Policy Manual. 5. Discussion/Options: A further review of the Corporate Policy Manual has been completed and as a result, a number of policies have been identified as obsolete or redundant and should be rescinded, based on the reason(s) noted below: 1-0-03 Town Liability and Procedure for Compensation in the Event of a Flood Reason: This policy is no longer relevant and is superseded by the Ontario Disaster Relief Assistance Program.

1-0-08 Public Use of Municipal Building Reason: Public use of Municipal Buildings is governed by fees for service established by Fees and Charges by-laws, in addition to the use for which the facility was designed or intended. This policy is outdated and no longer relevant.

1-0-10 Flower and Building Theme – Town of Whitby Reason: This policy is outdated and no longer relevant as the Marigold and Victorian themes are no longer used in the design of municipal buildings.

1-0-15 Liability Insurance – Council and Staff Reason: This policy is no longer relevant and is superseded by the Indemnification By-law and the Town’s membership with the Durham Municipal Insurance Pool.

1-1-05 Employment of Students During School Vacation Periods Reason: This policy is outdated and in violation of human rights legislation.

1-1-06 Employment Policies for Management Personnel

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Reason: This policy is outdated and in violation of human rights legislation.

1-1-07 Employment of Relatives – Management, Union and Part-time Employees Reason: This policy is no longer relevant and is superseded by the Recruitment and Selecti on Polic y - HR 040

1-1-09 Employee Relationship – Whitby Fire Department Reason: This policy is superseded by the Recruitment and Selection Policy – HR 040.

1-1-10 Benefits for Non -Union Personnel During Probationary Period Reason: This policy is not consistent with the Master Contract with the Town’s benefit carrier.

1-1-12 Rejection of Applicant for a Job Posting Reason: This policy is no longer current practice by the Human Resource Services Department.

1-1-14 Policy on Moving Allowance for Management Personnel Reason: This policy is outdated and no longer relevant.

1-1-16 Policy f or Councillors, Department Heads for Attendance at Conferences, Conventions and Seminars Reason: This policy is outdated and superseded for Councillors by the Council Expense Policy. Staff conference funding is provided through the annual budget process.

1-1-18 Benefits for Disable d E mployees (L.T.D.) Reason: This policy is not consistent with the Collective Agreement and is in violation of human rights legislation.

1-1-21 Retaining Legal Counci l for Employees Reason: This policy is outdated and superseded by the Indemnification By-law and insurance coverage with the Durham Municipal Insurance Pool.

1-1-28 Retirement of Municipal Employees Reason: Mandatory retirement is no longer required. This policy is beyond the Town’s legal authority and is governed by the Town’s membership with OMERS.

1-1-29 Retirement Tribute Reason: This policy is no longer current practice of the Human Resource Services Department and has been replaced by a new program.

1-3-01 Processing of Requests for Municipal Clearance under the Liquor Licence Act, 1990 Reason: This process has been replaced with the current Standard Operating Procedure for ensuring conformity to municipal rules and regulations when a

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Municipal Information Form is received from an applicant to the Alcohol and Gaming Commission of Ontario.

1-3-03 Execution of Certain Documents and Agendas Reason: Superseded by Signing Authority By-law #7127-16.

1-3-06 Application for Registration in Land Titles – Execution of Consent and Waiver Notice Reason: This policy is superseded by Standard Operating Procedures adopted by administration when registering documents in Land Titles.

1-3-07 Special Occasion Permits – T own Approval of Community Festival and Outdoor Events Reason: This policy has been superseded by the Delegation of Powers and Duties Policy and is now handled by the Office of the Town Clerk.

1-3-08 Temporary Closing of R oads for Street Dances Reason: This policy is no longer relevant and is superseded by By-law 2471-88 (Temporary closing of highways to vehicular traffic for social, recreational, community, athletic or cinematographic purposes).

1-3-10 Liability Insurance for Special Event Reason: This policy is no longer relevant as current practice requires a minimum of two million dollars in liability insurance as recommended by the Durham Municipal Insurance Pool.

1-3-11 Fund Raising Tolls – P ublic Highways Reason: This policy is no longer relevant as the authority to establish toll highways is provided for under Section 40 of the Municipal Act and requires Provincial Regulation.

1-3-15 Town Appointment o f Pr ivate Security Personnel as Municipal Law Enforcement Officers for the Purpose of Enforcing Parking Provisions on Private Property Reason: Superseded by CA 090 Delegation of Powers and Duties Policy and is now the responsibility of the Commissioner of Public Works.

2-2-02 Purchasing parts, Services and Goods Reason: Superseded by Purchasing Policy - F 080.

2-2-03 Tender Deposits Reason: Superseded by Purchasing Policy – F 080.

2-2-04 Use of Newspapers for Advertising Reason: Superseded by the Public Notice Policy - CA 150

2-2-05 Awarding Tender Contracts During Summer Recess of Council

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Reason: Superseded by Purchasing Policy – F 080.

2-2-06 Involvement of Members of Council in the Tendering and Quotation Process Reason: Superseded by the Council Code of Conduct and Purchasing Policy – F 080.

3-1-02 Erection of Privat e Building, etc., on Municipal Property Reason: Such decisions are required to be considered as “one-offs” by Council.

3-1-03 Location of Cenotaph Reason: Cenotaph is still at Green St and Dundas St. E. and a policy is no longer required to designate its location.

3-1-04 Mortgages Taken Back on Sale of Municipal Property Reason: This policy is outdated and no longer current practice as the Town does not take back mortgages as a condition on the sale of municipal property.

3-1-05 Development of Property Sold by the Town as a Condition of Sale Reason: This policy is no longer referenced when sale of municipal land occurs. Staff will include development conditions when applicable and the details of such conditions will be based on the specifics of each transaction.

3-2-07 Circulation of Zoning and Subdivision Applications to the Local Architectural Conservation Advisory Committee (LACAC) Reason: Superseded by Official Plan policies.

3-2-10 Authority to Appeal Decisions of Lan d Division Committee and Committee of Adjustment Reason: Council approval is currently sought prior to proceeding with such an appeal on behalf of the Town. Future consideration may include adding right of appeal to Delegation of Powers and Duties Policy when Council is in summer recess.

3-2-12 Public Notification Policy for Applications to Amend the Existing Town of Whitby Official Plan Reason: This policy is outdated and is to be replaced with a new policy to be brought forward at a later date.

3-2-13 Condominium Conversion Application Under Subsection 4(1) of the Rental Housing Protection Act, 1989 Reason: This legislation was repealed on June 17, 1998.

3-2-17 Part Lot Control Reason: This policy is not required as it is standard practice for staff to bring forward by-laws to lift Part Lot control without requiring an accompanying staff report.

Report to: Operations Committee Report number: CLK 02-17 Page 7 of 12

Page 240 of 449 Agenda Item # 6.17

3-3-03 Site Plan Agreements – R oad Widening Reason: This policy is not required as road widenings may be added as a condition of applications for plans of subdivisions, site plan and land division on an as needed basis.

3-3-04 Adequacy of Water Supply for Fire Protection Services as a Condition of Development – Dundas Street East between Anderson Street and Glen Hill Drive Reason: This policy is outdated and no longer relevant as adequate water supply is now available in this area.

3-3-06 Pre-cast Curbing in Site Plans Reason: This policy is outdated and no longer relevant.

3-3-10 Site Plan Approvals During the Summer Recess of Council Reason: This policy is superseded by By-laws 5445-04 (Delegate Certain Site Plan Authority of Council to Director of Planning) and 7015-15 (Site Plan Control).

3-4-01 Applications for Amendment to Zoning By-law 2585 and 1784 (As Amended) Information and Rules of Procedure (also: Fee Information) Reason: This policy is outdated and is to be replaced with a new policy at a later date.

3-4-09 Subdivision Agreement Negotiations Reason: This policy is outdated and no longer required as policy decisions for subdivision agreements are no longer referred to Management Committee.

3-4-10 Masonry Feature Entrance Walls in Plans of Subdivision Reason: The Town does not accept masonry walls on municipal property. Policy is outdated and no longer relevant.

3-4-11 Bicycle Paths Reason: This policy is no longer relevant and is superseded by the Whitby Cycling and Leisure Trails Plan.

3-4-12 Underground Cables Reason: This policy is no longer relevant as it is provided for in Subdivision Agreements.

3-4-14 Town Assumption of Streets, Str eet Widening and Walkways in Plans of Subdivision Reason: This policy is no longer required as these matters are now provided for through assumption and dedication by-laws enacted by Council.

3-4-16 Length of Cul -de-Sacs in Plan of Subdivision Reason: This policy is no longer required as it is superseded by the Subdivision Emergency Access Policy – MS 100.

Report to: Operations Committee Report number: CLK 02-17 Page 8 of 12

Page 241 of 449 Agenda Item # 6.17

3-4-17 Applications for Approval of Subdivision Plans, Information and Rules of Procedure (also: Fee Information) Reason: This policy is outdated and is to be replaced by a new policy at a later date.

3-4-18 Subdivision Sales Trailer/Officer Reason: This policy is not required as it is superseded by By-law 7015-15 (Site Plan Control).

5-0-02 Cleaning Driveways of S now Reason: This policy is not required as the Town does not clear private driveways of snow (save and except as provided for in the Windrow Snow Program).

5-0-03 Energy Conservation Program – P ropane Conversion Reason: This policy is not required as the conversion of certain fleet vehicles to propane is no longer current practice.

5-0-04 Ontario Provincial Standard Drawing Reason: This policy is no longer relevant as specifications for engineering design are provided for through the Town’s Engineering Design Standards.

5-0-07 Stormwater Management – W atercourse Erosion Control Reason: This policy is outdated and no longer relevant.

5-1-03 Apportionment of Building Permit Fees Reason: The apportionment of fees is covered as an operational practice that is to be followed throughout the Corporation for all financial transactions.

5-2-02 Cleaning of Basements After Storm Sewer Flooding Reason: This policy is no longer valid as the Town does not offer services for cleaning flooded basements, and where the flooding occurred due to municipal issues, the claimant is directed to the Durham Municipal Insurance Pool.

5-2-04 Special Events on Regional Roads Reason: Town of Whitby has no authority to authorize special events on Regional roads.

5-2-10 Storm Sewer Servicing for Properties Fronting on Storm Sewer and Street Reconstruction Projects Reason: This policy is no longer relevant as it is covered by By-law 6946-15 (Public Works Fees).

6-0-03 Procedure for Reporting Vandalism and Reward Reason: This policy is not required as rewards are no longer offered for reporting vandalism.

Report to: Operations Committee Report number: CLK 02-17 Page 9 of 12

Page 242 of 449 Agenda Item # 6.17

6-0-05 Project Funding Policy Reason: This policy is no longer relevant and is superseded by the Mayor’s Community Development Fund Policy - F 070.

6-0-07 Turf Maintenance and Level of Service Reason: This policy is no longer relevant as it is covered by corresponding service level standards that are provided for by the Public Works Department.

6-1-02 Priority for Use of Town Facilities Reason: Superseded by various other policies such as those dealing with ice and pool allocation.

6-1-06 Loss or Damage of Articles at any Parks and Recreation Facility Reason: This policy is no longer required and is covered through signage at Town Facilities.

6-1-12 The Sale and Distribution of Food and Beverages by the Public in Town Facilities Reason: This policy is no longer relevant as the Town is under contract with a third party for the provision of food and beverages in designated locations at Town facilities.

6-1-15 Community Requests Related to Special Events Held on Town Property Reason: This policy is outdated and is superseded by the Special Events Policy - MS 200 and the Mayor’s Community Development Fund Policy - F 070.

6-1-16 Use of Town Owned Ice Skating Arenas by the Durham Boards of Education Reason: This policy is outdated and no longer relevant.

6-1-17 Permitting of Municipal Community Hall Facilities Reason: This policy has been superseded by the Facility Rental – Community Centres Policy – MS 210.

6-1-18 Naming of Whitby Civic Centre Reason: A policy is not required for the naming of these buildings. The Town offices are called the Whitby Municipal Building and the recreation centre is called the Whitby Civic Recreation Centre.

6-1-19 Outdoor Athletic Facilities (Ball Fields and Soccer Fields) Reason: This policy is outdated and is to be replaced by a new policy at a later date.

6-2-05 Parkland Development Policy Reason: This policy is no longer relevant and is superseded by the Parkland Development and Open Space Policy.

Report to: Operations Committee Report number: CLK 02-17 Page 10 of 12

Page 243 of 449 Agenda Item # 6.17

6-2-09 Pathway Lighting – P arks and Open Space Areas Reason: This policy does not reflect current practice. Lighting of future pathways is dependent on design requirements and would be dealt with by Council on a “one- off” basis.

6-4-03 Animal Control and Po und Policies Reason: This policy is no longer relevant as the Pickering, Ajax and Whitby (PAW) Committee is no longer in existence.

HR 020 Employee Assistance Program Reason: This policy is outdated and is to be replaced by a new policy at a later date.

If approved, the revisions to the Standards for Town Policies and Procedures will provide for consistent development and approval of all future policies, procedures, and standard operating procedures. Council will remain the approving authority for all Town policies, the Chief Administrative Officer will remain the approval authority for all Town procedures, and Department Heads will remain responsible for all standard operating procedures. Further to this, the policy has been adjusted so that the Chief Administrative Officer is no longer required to sign off on policies that have already been approved by Council. 6. Public Communications/Plan: Not applicable 7. Considerations: 7.1. Public All current and up to date Corporate policies and procedures which make up the Corporate Policy Manual following this review will be posted on Civicweb for central access by members of the public and Town staff. 7.2. Financial Not applicable. 7.3. Impact on and input from other Departments/Sources A list of all current policies was provided to Departments for their input. Policies recommended for repeal under the recommendation in this report have been approved for repeal by those Departments to which they pertain. 7.4. Corporate and/or Department Strategic Priorities Elimination of redundant policies is in keeping with Whitby Council 2014-2018 goal to ensure all municipal affairs are conducted with professionalism and integrity; and to enhance the transparency and accessibility of Town Hall and support effective public consultation and engagement.

Report to: Operations Committee Report number: CLK 02-17 Page 11 of 12

Page 244 of 449 Agenda Item # 6.17

8. Summary and Conclusion: The review of the Corporate Policy Manual undertaken by the Office of the Town Clerk has identified a number of obsolete or redundant policies. Repealing these policies will ensure that only relevant and up to date policies are being transferred to the new Corporate Policy Manual as per the Town’s Standard for Policies and Procedures. 9. Attachments: Attachment # 1 – Standards for Town Policies and Procedures Policy Attachment # 2 – Copy of Policies recommended to be rescinded

For further information contact: Chris Bantock, Acting Legislative Coordinator, x2226

Christopher Harris, Town Clerk, x4302

Original Approved and Signed

Christopher Harris, Town Clerk, x4302

Original Approved and Signed Doug Barnes, Interim Chief Administrative Officer, x2211

Report to: Operations Committee Report number: CLK 02-17 Page 12 of 12

Page 245 of 449 Agenda Item # 6.17

Attachment #1 to CLK 02-17

Town of Whitby Policy

Policy Title: Standards for Town Policies and Procedures Policy Number: Text Reference: Municipal Act, 2001 Date Originated: January 1, 2013 Date Revised: January 23, 2017 Review Date: Not applicable Approval: Council Point of Contact: Town Clerk

Policy Statement The Corporation of the Town of Whitby is committed to developing and maintaining Town Policies, Procedures and Standard Operating Procedures that contribute to the achievement of its goals and priorities and provide transparency, clarity, fairness and consistency in decision making related to the operations at the Town of Whitby. Purpose The purpose of this policy is to provide consistent approach to the development, management, revision and approval of all Town Policies, Procedures and Standard Operating Procedures. Scope This policy applies to all Town Policies, Procedures and Standard Operating Procedures. Index

1 Definitions 2 2 Responsibilities 2 3 Framework for Town Policies, Procedures and Standard Operating Procedures 3 4 Policy Requirements 4

Page 246 of 449 Agenda Item # 6.17

1 Definitions 1.1 Corporation means The Corporation of the Town of Whitby. 1.2 Department Head means an officer or employee of the Town who will generally hold the title of ‘Commissioner’, appointed by the Chief Administrative Officer or Council, as required, to oversee a department, or a person appointed or designated to act in place of the Commissioner when the Commissioner is absent or refuses to act.

1.3 Standard Operating Procedure (SOP) means a document containing detailed instructions pertaining to a certain department or business unit, approved by a Department Head, that states clearly and precisely what must be done, who is to do it, how it is to be done, and when it is to be done (job and task specific).

1.4 Town Policy means a document containing general statements of the Town’s intentions or objectives in various matters under its control, approved by Council, for the purpose of providing consistent and fair practices for present and future decisions.

1.5 Town Procedure means a document providing general instruction to all Town employees on an administrative practice. A Town Procedure may also be linked to a Town Policy for the purpose of providing further clarification and specific details of administrative practices based on intentions or objectives set forth in a Town Policy. Town Procedures are approved by the Chief Administrative Officer and are applicable to the entire Corporation. 2 Responsibilities 2.1 Council to:

a) Approve Town Policies and amendments to Town Policies.

2.2 Chief Administrative Officer (CAO) to:

a) Approve Town Procedures and amendments to Town Procedures; b) In conjunction with the appropriate Department Head, maintain the relevancy of Town Policies and Procedures; and, c) Ensure adherence to all Town Policies and Procedures and remedy any deviations as they occur.

2.3 Senior Management Team to:

a) Advise the Chief Administrative Officer on implications of policy and policy changes

Policy Title: Standards for Town Policies and Procedures Policy Number: Text Page 2 of 4

Page 247 of 449 Agenda Item # 6.17

2.4 Department Head to:

a) Approve Standard Operating Procedures and amendments for their respective department or business units; b) Ensure adherence to all Town Policies and Procedures; and, c) Maintain the relevancy of Town Policies and Procedures related to their areas of responsibility.

2.5 Town Clerk to:

a) Maintain a master listing of Town Policies and Procedures and make these documents available through the Town’s website.

2.6 Town Staff to:

a) Adhere to all Town Policies, Procedures and Standard Operating Procedures. 3 Framework for Town Policies, Procedures and Standard Operating Procedures 3.1 Policy Categories Town Policies and Procedures will be assigned in the following classifications:

a) Corporate Administration (CA) - Includes policies related to the administration of the Corporation, including but not limited to those related to accessibility, handling of complaints, and communications. b) Governance (G) - Includes policies related to the operation or conduct of Council, including but not limited to those related to Council expenses, accountability, and elections. c) Finance (F) - Includes policies relating to the financial control of the Town, including but not limited to those related to budget approval, management of municipal funds, insurance, purchasing, and audits. d) Human Resources (HR) - Includes policies related to the management or well-being of employees, including but not limited to those related to health and safety, conduct, labour relations, pay, recruitment and benefits. e) Municipal Services (MS) - Includes policies related to the provisions of municipal services and programs, including but not limited to those related service levels or operational matters.

3.2 Approval Authorities Town Policies, Procedures and Standard Operating Procedures shall be approved by the following authorities listed below:

a) Council will approve Town Policies; b) Chief Administrative Officer will approve Town Procedures; and,

Policy Title: Standards for Town Policies and Procedures Policy Number: Text Page 3 of 4

Page 248 of 449 Agenda Item # 6.17

c) Department Head will approve Standard Operating Procedures. 4 Policy Requirements 4.1 Town Policies, Procedures and Standard Operating Procedures shall be researched and drafted by the department that will be responsible for the administration and interpretation of the Policy, Procedure or Standard Operating Procedure. In some instances, cross-departmental committees may be established for the development of Town Policies or Procedures.

4.2 Town Policies and Procedures shall receive input from a Policy Coordinating Committee and the Senior Management Team prior to approval.

4.3 Town Procedures may be approved by the Chief Administrative Officer to provide general instruction to all Town employees on an administrative practice for which there is no relevant Town Policy. Town Procedures may also act as an extension of a Town Policy for the purpose of providing further clarification and specific details of administrative practices based on intentions or objectives set forth in a Town Policy.

4.4 A Procedure on a matter when there is no relevant Policy pertaining to that matter may only be approved if the Procedure is regarding the internal functioning and operations of the Town and will not impact service levels or significantly alter the governance framework of the Town.

4.5 Town Policies, Procedures and Standard Operating Procedures shall be written using basic writing style and printed on the established templates (see Appendices).

4.6 The Town Clerk shall maintain the master Corporate Policy Manual and make all Town Policies and Procedures available on the Town’s website, unless there are reasonable grounds not to for such purposes as public safety or liability. Department Heads shall be responsible for maintaining a list of Standard Operating Procedures for their respective areas of oversight.

This Policy is hereby approved by Council Resolution # _____ on this _____ day of _____, 2017

Policy Title: Standards for Town Policies and Procedures Policy Number: Text Page 4 of 4

Page 249 of 449 Agenda Item # 6.17

Attachment #2 to CLK 02-17

CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Town Liability and Procedure for Compensation in Event of a Flood (Stream Overflow).

DATE ADOPTED OR RECEIVED BY COUNCIL: September 7, 1971

RESOLUTION NUMBER: 835-71

RECOltflENDATION FROM: Special Cormnittee

SUltflARY: Under normal circumstances the Town is not legally liable for damage and Council should:-

(!) Deem the event to be a common disaster within the meaning of the Municipal Act. (2) Establish a relief fund to receive contributions from the public and governments. (3) Authorize the Conmittee of Council to submit a re port to the Minister of Municipal Affairs and Housing to obtain Provincial assistance on a dollar for dollar basis and to recommend to the Council such other action as the Cormni ttee deems ad vis able.

100003

Page 250 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY

POLICY PROCEDURE

SUBJECT: Public Use of Municipal Building

DATE ADOPTED OR RECEIVED BY COUNCIL:

June 10, 1996

RESOLUTION NUMBER:

530-96

RECOMMENDATION FROM:

Clerk's Report, Item 14-96

SUMMARY: 1. The public use of the Municipal Building by external users is reserved for, (a) meetings of Whitby and Durham based non-profit charitable and community service organizations engaged in activities having a direct benefit to the community and/or a direct relationship to local government activities; (b) meetings of Whitby based non-profit sports and recreational organizations engaged in activities having a direct recreational benefit to the citizens of the Town;

(c) meetings, hearings, etc. of government agencies (eg. Ontario Municipal Board, Assessment Review Board); (d) non-partisan Town Hall meetings conducted by sitting members of the Federal or Provincial legislature, it being understood that the Municipal Building is not available for such meetings during the writ period of a Federal or Provincial election; (e) meetings of the Canadian Union of Public Employees Local No. 53 (full-time and part time bargaining units) with the permission of the Town Administrator; and,

100008

Page 251 of 449 Agenda Item # 6.17

POLICY PROCEDURE Paqe 2

SUBJECT: Public Use of Municipal Building

SUMMARY CONT'D:

(f) meetings of ratepayer and condominium associations.

2. The Town of Whitby is committed to creating a climate of understanding and mutual respect for the dignity and worth of each person so that each person feels a part of the community a·nd is able to contribute fully to the development and well-being of the community. In keeping with this commitment, public use of the Municipal Building is reserved for external users that do not discriminate or draw distinctions on the basis of race, ancestry, place of origin, colour, ethnic origin or denomination.

3. The public use of the Municipal Building by external users is available free of charge subject to the following rules and regulations:

(a) the public use of the Municipal Building by external users is available Tuesday through Thursday of each week, exclusive of holidays, between the hours of 10:00 a.m. and 10:30 p.m. (local time), subject to availability;

(b) all bookings are processed through the Clerk's Department;

(d) the number of bookings per month is limited to one (1) per user;

(e) the Town of Whitby reserves the right to move a scheduled meeting to another qate and/or location because of an unusual circumstance and/or emergency;

(f) beverages and refreshments cannot be served and/or consumed in the building;

(g) audio visual equipment is not available from the Town;

(h) furnishings in the building are not to be rearranged without the consent of the Town;

(i) the building is to be left in a clean, neat condition after its use;

100008.1

Page 252 of 449 Agenda Item # 6.17

POL:ICY PROCEDURE Page 3

SUBJECT: Public Use of Municipal Building

SUMMARY CONT'D: (j} no public use of the building is to be made which utilizes payment for an admission fee;

(k) children under the age of twelve (12) cannot be left unattended; (1) any costs associated with damage and/or excessive cleaning requirements as a direct result of the public use of the building is the responsibility of the external user and will be charged back for full payment;

(m) all public spaces in the building have individual maximum occupancy capacities which cannot be exceeded; (n) for safety and security reasons, all exits, stairwells and passageways must be kept clear and accessible at all times; (o) no sale of goods or services is permitted;

(p) no signage is to be affixed to the building or building furnishings;

(q) placards, election signs and picket signs are not allowed in the building; (r) smoking is not permitted. Persons not complying with the Town's Smoking By-law are subject to immediate removal from the building, personal fines and/or termination of the booking; (s) the Town of Whitby is not responsible for any stolen or misplaced items left at the Municipal Building; and, (t) the Town of Whitby reserves the right to terminate any booking for reason of non compliance with any of the above rules and regulations.

100008.2

Page 253 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Flower and Building Theme - Town of Whitby

DATE ADOPTED OR RECEIVED BY COUNCIL: November 23, 1981

RESOLUTION NUMBER: 486-81

RECOMMENDATION FROM: Operations Co11111ittee, Assistant Administrator's Report

SUMMARY: (1) That the Municipality adopt and encourage the use of the marigold as the Town flower. (2) That the Municipality consider the Victorian Theme Design in future Municipal Buildings wherever prac tical and al so encourage private interest to en deavour to develop the theme.

100010

Page 254 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Liability Insurance - Council and Staff

DATE ADOPTED OR RECEIVED BY COUNCIL: September 11, 1978

RESOLUTION NUMBER: By-law 751-78 as amended by 1041-80

RECOMMENDATION FROM: Administrator

SUMMARY: (1) That the Corporation of the Town of Whitby contract for insurance to protect members of the Council and the employees of the municipality, as well as such members of Council and employees while serving or acting in an official capacity as a member or offi cer of any local board or committee, as well as such other persons who may serve from time to ti me in any official capacity on behalf of the Corpor ation, against risks that may involve liability on the part of such members of Council or employees and for paying such annua 1 premi urns as may be a p proved from ti me to ti me, and for paying any dam ages or costs awarded or expenses incurred by them as a result of any action or other proceeding aris ing out of acts or omissions done or made by them in their capacity as members of Counci 1 or employ ees, including while acting in the performance of any statutory duty imposed by any general or special act or for paying any sum required in con nection with the settlement of such an action or other proceeding and to pay for the cost of defend ing any such person in such an action or other proceeding.

100015

Page 255 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 2

SUBJECT: Liability Insurance - Council and Staff

SUMMARY CONT'D: (2) That the provisions of Section 1 shall apply to a person who was a member of Council, a local board, or an employee of the municipality, as the case may be, at the time the cause of action or other pro ceeding arose but who prior to judgment or other settlement of the action or proceeding has ceased to be a member of Counci 1 , a 1ocal board or an employee.

100015.1

Page 256 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WIDTBY

PERSONNEL POLICY AND PROCEDURE

SUB.JECT: Employment of Students During School Vacation Period

DATE ADOPTED: May 13, 1968

RECOMMENDATION FROM: Administrator's Report

SUMMARY:

(1) Preference will be given to Whitby residents where they have equal qualifications.

(2) Only students enroled or about to be enroled in an institute of post secondary school studies may be employed by the municipality during the school vacation period, except where special circumstances warrant otherwise and where written approval of the Administrator has been obtained.

Wm. H. Wallace, Administrator

110005

Page 257 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WIIlTBY

PERSONNEL POLICY AND PROCEDURE

SUB.JECT: Employment Policies for Management Personnel

DATE ADOPTED: September 20, 1971, August 13, 1970 Resdv.:ihO'Y'- 71'0-'BD RECOMMENDATION FROM: By-law 638-71, 710-80, Administrator's Report 24-80

SUMMARY:

(1) When new management employees are hired they are deemed to be on probation until they have been employed by the Town for a period of six months. Employees retained after the probationary period are deemed satisfactory.

(2) A Department Head, with the Administrator's concurrence, shall be empowered to hire, fire or suspend all employees reporting to them without referral to Council and in case of dismissal file with the Management Committee a written report outlining the reasons for dismissal.

(3) Future management personnel shall be employed on condition that they take up residence within the Town within a year from date of employment unless it is determined by the Administrator that relocation is not essential.

Wm. H. Wallace, Administrator

110006 .

Page 258 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WlilTBY

PERSONNEL POLICY AND PROCEDURE

SUBJECT; Employment of Relatives - Management, Union and Part-time Employees

DATE ADOPTED; April 27, 1981

RECOMMENDATION FROM; Administrator to Management Committee, April 27, 1981

SUMMARY;

A relative of an employee may be hired provided that:

(1) The candidate is not assigned to a position or has the potential of being transferred or promoted to a position with the Town where he or she would answer directly or indirectly to a relative-employee who is filling a supervisory "Management or Union" position and where there are not any potential financial or administrative transactions between such persons as employees of the Town.

(2) If there is any doubt regarding the employment of relatives, written comments are to be provided to the Administrator prior to any commitments whatsoever being made with respect to a prospective candidate.

Wm. H. Wallace, Administrator

110007:

Page 259 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY

PERSONNEL POLICY AND PROCEDURE

SUBJECT: Employee Relationship-Whitby Fire Department

DATE ADOPTED: May 25, 1981

RECOMMENDATION FRQM: Management Committee

SUMMARY:

(1) That no part-time person will be considered for full-time employment if such person is a relative of an active member of the Fire Department unless prior approval of the Administrator is secured by the Fire Chief before any commitment whatsoever is made.

(2) That the policy with respect to the employment of relatives, (Policy 110007), be waived only in respect to existing part-time employees.

Wm. H. Wallace, Administrator

110009

Page 260 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY

PERSONNEL POLICY AND PROCEDURE

SUBJECT; Benefits for Non-Union Personnel During Probationary Period R-esbl .:tt: /0 I - 7 7 DATE ADQPTED; March 14, 1977

RECOMMENDATION FROM; Clerk-Administrator's Report, Management Committee

SUMMARY;

That effective immediately, benefits for new non-union personnel shall take effect after three months of continuous employment notwithstanding that the probationary period shall continue to be six months.

Wm. H. Wallace, Administrator

110010

Page 261 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WIIlTBY

PERSONNEL POLICY AND PROCEDURE

SUBJECT; Rejection of an Applicant for a Job Posting

DATE ADOPTED; October 23, 1972

RECO~ATIQN FROM: Management Committee, Committee-of-the-Whole

SUMMARY;

(1) The Corporation reserves the right to hire such help as may be necessary and that it would not be in the best interest of the employer-employee relationships to state the reason in the event an applicant is rejected on a job posting.

(2) That existing employee(s) who have applied for a posted position shall be notified of their rejection, when such is the case, prior to appointment of a person to such a position who is not an existing employee.

Wm. H. Wallace, Administrator

110012 .

Page 262 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY

PERSONNEL POLICY AND PROCEDURE

SQRJECT: Policy on Moving Allowance for Management Personnel

DATE ADQPTED: May 10, 1982

RECOMMENDATION FROM: Management Committee, Committee-of-the-Whole.

SUMMARY:

That it be the policy of the municipality to provide a moving allowance toward the cost of relocation of furniture and effects of all management personnel that are recommended for hiring, and the Administrator be authorized, as part of the hiring process, to negotiate an appropriate amount depending on the distance involved, etc., and any approved payment to be subject to substantiation by invoice.

Wm. H. Wallace, Administrator

110014 .

Page 263 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WIIlTBY

PERSONNEL POLICY AND PROCEDURE

SURJECT; Policy for Councillors, Department Heads for Attendance at Conferences, Conventions and Seminars IKescs l ~ ~ 3~ -s z__ DATE ADQPTED; November 20, 1975, February 9, 1976, January 11, 1982

RECOMMENDATION FROM: Staff Committee, Management Committee, Committee-of-the-Whole

SUMMARY:

(1) Each Councillor with the exception of the Mayor, is allocated a sum of $750.00 for attendance at conventions, conferences and seminars during each calendar year, for attendance at such conferences as the Councillor in his discretion may decide, provided further, that the Mayor, on request from a Councillor may approve additional amounts that may remain unused by other Councillors within the overall current budget allocations for this purpose.

(2) Department Heads shall submit to the Administrator for consideration at budget time, a list of the conferences, seminars, etc., to be attended by them and the members within their departments and once their budget for the particular department has been approved a separate account be established for each department relating to this aspect of the budget.

(3) The Mayor is allocated a sum up to $2,000.00 to attend such conferences, conventions or seminars as he may determine necessary during the course of a calendar year.

(4) Subject to limitations herein contained, all expenses incurred while attending such functions shall be supported by receipts submitted to the Treasurer for payment.

(5) The Councillors or Department Heads may only attend approved conventions recognized by the Town, or in which the Town has a membership.

110016

Page 264 of 449 Agenda Item # 6.17

(6) When a member of Council or Staff has received prior authorization by the Council to ) _. attend as a representative or a member of a Municipal Association or Committee, such expenditures will be approved for payment over and above the allotted amount previously referred to with such member being authoriz.ed to attend during the time of appointment to that particular body provided further that all expenses incurred while attending such meetings shall be supported by receipts submitted to the Treasurer for payment.

(7) All Department Heads require approval from the Administrator prior to attending any convention, conference or seminar.

Wm. H. Wallace, Administrator

110016.1

Page 265 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WlllTBY

PERSONNEL POLICY AND PROCEDURE

SUBJECT; Benefits for Disabled Employees (L.T.D.)

DATE ADQPTED; May 11, 1981

RECOMMENDATION FROM; Administrator's Report to Management Committee

SUMMAR.Yi

(1) That employees on L.T.D. shall be considered to be on an extended leave of absence, without accrual of seniority;

(2) That should such employee eventually be able to return to work, the employee will be afforded the opportunity of employment with the Town, provided a suitable position is available having regard to the employee's experience, qualifications and ability as determined by the Administrator;

(3) That the Town will, during the L.T.D. eligibility period, continue to pay the premiums and provide coverage through its insurance carriers and group plans to the same extent and for those benefits that are provided as of the date that the employee's L.T.D. eligibility period begins until the date it terminates or until normal retirement date, whichever may be sooner.

(4) That in the event that an employee does not have sufficient sick leave credits to cover the L.T.D. waiting period, the said employee shall be advised to register for unemployment insurance salary benefits during such interim period;

(5) That in the case referred to in ·c1ause 4 above, the Town will also provide insurance and plan coverage during the interim period when sick leave credits have terminated and L.T.D. commences, subject to clause 3;

(6) That the employee will be paid by the Town for all vacation entitlements, service pay and lieu days, where applicable, up to the date that the employee is unable to actively perform his/her duties and there shall be no further liability by the Town in this regard;

110018 .

Page 266 of 449 Agenda Item # 6.17

(7) This policy shall apply retroactively to cover existing employees who are eligible for L.T.D.

(8) That in consideration that Mr. Maurice Durhak became disabled while performing his duties as a Town employee prior to L.T.D. coverage being approved by the Town for certain of its employees, the provisions of clause 3 may be extended to the former employee as if such person were eligible for L.T.D. subject to the following, effective as of June 1, 1981.

(a) Agreement by Mr. Durhak that his medical history files shall be made available to the Town upon request and as required by the Administrator; and also to subscribe to such medicals as may be deemed necessary;

(b) A certificate from a qualified medical specialist as may be required from time to time by the Administrator indicating his state of health and such other information as may be required as proof of his inability to perform any work and that he is not gainfully employed by some other employer or, in his own right, is self employed.

Wm. H. Wallace, Administrator

110018.1

Page 267 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WIIlTBY

PERSONNEL POLICY AND PROCEDURE

SUB.JECT: Retaining Legal Counsel for Employees

DATE ADOPTED: February 1, 1982

RECOMMENDATION FROM: Management Committee

SUMMARY:

That if an employee, while carrying out his/her normal job duties and functions as required of him/her in a reasonable and safe manner, has legal action taken against him/her, the Town .!!lll)'. retain legal counsel to act on behalf of the employee, subject to the merits of each situation and approval of the Management Committee.

Wm. H. Wallace, Administrator

110021 .

Page 268 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WIIlTBY

PERSONNEL POLICY AND PROCEDURE

SUBJECT; Retirement of Municipal Employees

DATE ADQPI'ED; February 16, 1970, March 12, 1973, February 11, 1980

RECOMMENDATION FROM; N/A

SUMMARY:

Normal retirement of all regular employees of the Corporation of the Town of Whitby shall be compulsory on the date when any such employee is 65 years of age except Fire Fighters who are subject to the agreement with the Whitby Professional Fire Fighters Association, Local 2036, and all Part-time Fire Fighters who shall retire on the date when such employee attains 60 years of age.

Wm. H. Wallace, Administrator

110028 .

Page 269 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WIDTBY

PERSONNEL POLICY AND PROCEDURE

SUB.IECT; Retirement Tribute

DATE ADQPI'ED; February l, 1971

RECOMMENDATION FROM;

SUMl\fARY;

A gift be presented to each retiree, equal to the value of$5.00 per year of service, however, not less than $25.00 and be purchased upon the approval of the Administrator.

Wm. H. Wallace, Administrator

110029 .

Page 270 of 449 Agenda Item # 6.17

THE CORPORATION OP TBB TOWN OP WHITBY

POLICY PROCEDURE

SUBJECT: Processing of requests for Municipal Clearance under the Liquor Licence Act, 1990

DATE ADOPTED OR RECEIVED BY COUNCIL: November 13, 1990

RESOLUTION NUMBER: 880-90

RECOMMENDATION PROM: Clerk's Report, Item 26-90

SUMMARY: (1) The Clerk is delegated responsibility for the processing of "Requests for Municipal Clearance" under the Liquor Licence Act, 1990. (2) The Clerk, upon receipt of a "Request for Municipal Clearance", shall circulate the request to the Fire, Planning and Public Works Departments to ascertain compliance with relevant Municipal By-laws. (3) The Clerk shall complete the "Request for Municipal Clearance" in accordance with the comments received from the Fire, Planning and Public Works Departments and return the completed request form to the licence applicant. (4) If for any reason, other than by-law non-compliance, the Clerk has reason to believe that approval of the licence application by the Liquor Licence Board may be adverse to the public interest, the Clerk shall refer the matter to the Council for disposition.

130001

Page 271 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Execution of Certain Documents and Agreements

DATE ADOPTED OR RECEIVED BY COUNCIL: September 12, 1977

RESOLUTION NUMBER: By-1 aw 559-77

RECOMMENDATION FROM: Management Conmittee, Clerk-Administrator's Memo 1979 02 15 SUMMARY: The Mayor and Clerk are authorized to execute the following types of documents and agreements, subject to the form of such documents and agreements having been first approved by. the Town's solicitor or other appropriate Town official when such documents or agreements conform with the approved policies of the Town and/or resolution of the Council and is ready for execution by the Corporation of the Town of Whitby: (!) (a) Option agreement for the purchase of land where the option is $500.00 or less and where prior budget approval has been granted by Council. (b) Land easements where the consideration is nom inal or less than Sl,000.00 and where prior budget approval of the work has been granted by Council. ( c) Contracts awarding tenders where the awarding of such tender has been approved by resolution of Council, except where tenders are for works related to the construction of new buildings or existing buildings owned by the Corpor ation. 130003

Page 272 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 2

SUBJECT: Execution of Certain Documents and Agreements

SUMMARY CONT'D: (1) (d) Contracts for public utilities and without 1imiting the foregoing to include hydro, gas, telephone and maintenance service agreements required where prior budget approval has been obtained from Council. (e) Standard agreements to provide for consulting engineering services where the approval for particular works have previously been granted by the Council may be executed by the Di rector of Public Works and the Administrator.

( f) Lease agreements where the general terms of such agreements have been approved by the Council. ( g) Underground pipe crossing permits and agree ments with railway companies where the terms have been. approved by a resolution of the Counci 1. (h) Site Plan agreements pursuant to The Planning Act where prior approva1 has been granted by the Council by adoption of a report relating to the development of the lands contained in the agreement.

130003.1

Page 273 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 3

SUBJECT: Execution of Certain Documents and Agreements

SUMMARY CONT'D: (2) (a) Site Plan Agreements and other agreements re f erred to wi 11 be executed by the Mayor and C1 erk only after receipt of written confirm ati on from the appropriate Department Head that this Agreement has been prepared and com pleted in accordance with the Council Resolution, and where applicable, the Agreement has been executed by the other parties. (bl Prior to execution by the Mayor and the Clerk, the Town is to have received the 1ega1 fees involved in the preparation and registration of the Agreements where applicable. (cl When Site Plan Agreements are finally executed by the Mayor and the Cl erk, copies of the ex ecuted documents should be forwarded to the Public Works Department and the Planning Department for their information, and the original and duplicate copy forwarded to the Town's Solicitor for registration against the affected lands, where applicable. (d) All Letters of Credit and cheques are to be forwarded to the Treasury Department, together with a copy of the Agreement.

130003.2

Page 274 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY

POLICY PROCEDURE

SUBJECT: Application for Registration in Land Titles - Execution of Consent and Waiver Notice

DATE ADOPTED OR RECEIVED BY COUNCIL:

October 11, 1988

RESOLUTION NUMBER:

1504-88

RECOMMENDATION FROM:

Planning Director's Report, Item 262-88

SUMMARY:

1. That the Town Clerk be responsible for receiving the land title applications.

2. That the Clerk circulate the application to the relevant Departments within the Municipality wherein each Department shall comment directly to the Clerk. 3. Upon favourable response from all Departments, indicating no Municipal interest in the lands, the Clerk and the Mayor shall be authorized to execute the waiver notice.

4. The Clerk, upon the execution of the waiver notice, shall advise the Departments of same.

130006

Page 275 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY

POLICY PROCEDURE

SUBJECT: Special Occasion Permits Town Approval of Community Festival and Outdoor Events

DATE ADOPTED OR RECEIVED BY COUNCIL:

May 24, 1988 and March 28, 1994

RESOLUTION NUMBER:

1266-88 and 946-94

RECOMMENDATION FROM:

Clerk's Report, Item 18-88 Administrator's Memorandum dated March 28, 1994

SUMMARY:

The Clerk is authorized to approve a community festival or outdoor event for which a special occasion permit is required subject to the following criteria:

(1) where the community festival or outdoor event is to take place on property, other than the property of the applicant, the applicant shall submit to the Clerk a letter from the property owner authorizing the applicant's use of the property for the event;

(2) where food is to .be served at the community festival or outdoor event, the applicant shall submit to the Clerk a letter from the Department of Health Servi~e, Regional Municipality of Durham, indicating compliance with the Department's requirements;

(3) the applicant shall submit to the Clerk letters from the Durham Regional Police Service and the Town of Whitby Public Works and Fire Departments indicating compliance with their respective requirements;

130007

Page 276 of 449 Agenda Item # 6.17

Page 2 SUBJECT: Special Occasion Permits Town Approval of Community Festival and outdoor Events

SUMMARY CON'T (4) where applicable, the applicant shall comply with all other requirements, financial and otherwise, of the Town related to the community festival or outdoor event; (5) where the Clerk has reason to believe the event may be adverse to the public interest, the Clerk shall refer the matter to the Council; and, (6) the sale of liquor shall be in accordance with the requirements of the Liquor Licence Board of Ontario

130007.1

Page 277 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Policy for the Closure of Roads for Street Dances, Corn Roasts, etc.

DATE ADOPTED OR RECEIVED BY COUNCIL: June 24, 1985

RESOLUTION NUMBER: 1096-85

RECOMMENDATION FROM: Memorandum from Director of Public Works as approved by the Administrator. Clerk's Report, Item 25-85. SUMMARY: Approval for the closure of roads for street dances, corn roasts, etc., may be given under the following conditions:

(1 l The reason for closure must be an acceptable one and must be sponsored by a ratepayers group, or some other such group and not by an individual; (2) Street closures will only be considered for cul-de-sacs, small crescents and dead-ended streets. No consideration will be given for arter ials, collectors or long local streets; (3) Application must be made in writing to the Town at least four weeks in advance o'f the date of clos ure. Application must also be accompanied by a petition signed by the residents on the particular street, as well as the surrounding streets. At least ninety percent of the residents must support the request;

130008

Page 278 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 2

SUBJECT: Policy for the Closure of Roads for Street Dances, Corn Roasts, etc.

SUMMARY CONT'D: (4) Approval must be given by Council unless Council is in summer recess. In such cases where a request to temporarily close a Town street is received during summer recess the request shal 1 be granted subject to strict compliance with the provisions of this policy. If the approval is granted then the applicant must accept the following conditions: (a) The street to be closed by the use of portable bar ricades. These barricades to be supplied. by the Town, to be delivered and picked up at a cost of $50.00; (bl The hours for the event to be from 8: 00 p. m. to 1:00 a.m. on the day following; (c) Noise to be kept to a reasonable level and no sirens or loud hailers to be used;

(d) Street to be left in a clean condition, all debris and litter to be picked up and suitably disposed of;

(el Access to the street by emergency vehicle to be available at all times; (fl No open fires to be lighted; (g) The Town will notify the Fire Chief and Regional Police Department; (h) The Town will not be held liable for any injuries or damages to personal life or property that may occur as a result of this closure, (e.g. fights, etc.,).

130008.1

Page 279 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Liability Insurance for Special Events

DATE ADOPTED OR RECEIVED BY COUNCIL: January 27, 1986

RESOLUTION NUMBER: 49-86

RECOMMENDATION FROM: Treasurer's Report, Item 3-86

SUMMARY: A liability insurance policy naming the Town of Whitby as an insured in the minimum amount of one million dollars is required for the following events: Fair, midway, circus, rodeo, exhibition or fireworks. Any organization conducting any of the above events will also be required to enter into a hold harmless agreement with the Town in the form of Attachment 1.

130010

Page 280 of 449 Agenda Item # 6.17

'THE CORPORA'TION. OF 'THE 'TOWN. OF WHITBY In the Regional Municipality of Durham

MUNICIPAL BUILDING 575 Rossland Road East Whitby, Ontario Telephone Canada 416-668-5803 LIN 2M8

HOLD HARMLESS AGREEMENT WEST LYNDE CO,..UNITY ASSOCIATION FAMILY FIREWORKS DISPLAY-MAY 18, 1986

In consideration of the approval of the West Lynde Com munity Association Family Fireworks Display to be con ducted on May 18, 1986, (May 19, 1986, if inclement weather), commencing at 9:00 p.m., the Undersigned (jointly and severally, if more than one) covenants and agrees to indemnify and save harmless the Town, its officers, employees, servants, agents and contractors and their re spec ti ve heirs, executors, administrators, suc cessors and assigns, with respect to any and all actions, causes of action, claims, demands, proceedings, costs, damages and expenses howsoever arising either directly or indirectly from the approval and carrying on of the above noted Family Fireworks Display.

Authorizing Officer

130010.l

Page 281 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Fund Raising Tolls - Public Highways

DATE ADOPTED OR RECEIVED BY COUNCIL: January 27, 1986

RESOLUTION NUMBER: 49-86

RECOMMENDATION FROM: Treasurer's Report, Item 3-86

SUMMARY: The Town will not permit fund raising tolls on public highways.

130011

Page 282 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY

POLICY PROCEDURE

SUBJECT: Town Appointment of Private Security Personnel as Municipal Law Enforcement Officers for the Purpose of Enforcing Parking Restrictions on Private Property

DATE ADOPTED OR RECEIVED BY COUNCIL:

January 16, 1995

RESOLUTION NUMBER:

Resolution No. 17-95

RECOMMENDATION FROM:

Clerk's Report, Item 1-95

SUMMARY:

Upon receipt of a written request from a private property owner asking that the Town appoint security personnel employed by the owner as Municipal Law Enforcement Officers for the purpose of enforcing parking restrictions on the owner's property, the Council will give favourable consideration to the request and pass the prerequisite appointment by-law subject to the following terms and conditions:

the property owner will provide or cause to be provided to the Town a current police criminal information report in respect of each and every individual to be appointed as a Municipal Law Enforcement Officer;

ifthe criminal information report prepared by the Police Service gives any reason to believe that the appointment of a person as a Municipal Law Enforcement Officer may not be in the public interest, the Council shall be advised accordingly and the Council shall make a determination as to whether or not to approve the appointment;

130015

Page 283 of 449 Agenda Item # 6.17

Page 2

SUBJECT: Town Appointment of Private Security Personal as Municipal Laws Enforcement Officers for the Purpose of Enforcing Parking Restrictions on Private Property

SUMMARY CONT'D: the area of jurisdiction and the scope of authority of private security personnel appointed as Municipal Law Enforcement Officers for the purpose of enforcing parking restrictions on private property shall be limited to the enforcement of parking restrictions on the private property as specified in the appointment by-law; the appointment by-law may set out such additional terms and conditions of appointment as the Council, in its wisdom, deems appropriate; and,

the term of appointment shall be at the pleasure of the Council.

130015.1

Page 284 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Purchasing of Parts, Services and Goods

DATE ADOPTED OR RECEIVED BY COUNCIL: March 24, 1975, January 4, 1982

RESOLUTION NUMBER: 183-75, as up-dated by Administrator

RECOMMENOATION FROM: Operations Conmittee, Conmittee-of-the-Whole, Administrator SUMMARY: Parts should be purchased from Companies within the Town of Whitby provided price, quality and delivery are equa 1. This same consideration applies with respect to other suppliers of goods, commodities and services, in so far as the requirements of the Town of Whitby are con cerned.

Prior to commit~ent being made to outside suppliers and/or services to be rendered that do not fall within the above three categories, the Administrator is to be consulted through the department head or official designated by him.

220002

Page 285 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY

POLICY PROCEDURE

SUBJECT: Tender Deposits

DATE ADOPTED OR RECEIVED BY COUNCIL:

July 13, 1992

RESOLUTION NUMBER:

288-92

RECOMMENDATION FROM:

Treasurer's Report, Item 91-92

SUMMARY: Where a tender deposit is required by a tender specification, the tender deposit shall be a specific amount equal to 10% of the estimated cost of the required work rounded to the nearest $100.00.

220003

Page 286 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY

POLICY PROCEDURE

SUBJECT: Policy Regarding Use of Newspapers for Advertising

DATE ADOPTED OR RECEIVED BY COUNCIL:

January 30, 1995

RESOLUTION NUMBER:

45-95

RECOMMENDATION FROM:

Treasurer's Report, Item 21-95

SUMMARY:

The following is the procedure for the use of newspapers for advertising:

(1) Newspaper Advertisements - General

When the Town of Whitby considers it desirable to publish notice of a matter in a newspaper and the publication of such notice is not required by either Federal or Provincial legislation, such notice shall be published in the Whitby This Week. Despite this general policy, when it is considered desirable to give notice of a matter on a wider basis, such notice may be published in such other newspapers as are considered appropriate with the approval of the Town Administrator.

(2) When the Town of Whitby is required by either Federal or Provincial legislation to publish notice of a matter in a newspaper, such notice shall be published in:

(a) the Whitby This Week when the residents of the City of Oshawa and/or the Town of Whitby are to be so notified; and,

(b) the News Advertiser when the residents of the Towns of Ajax or Pickering are to be so notified; and,

220004

Page 287 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 2

SUBJECT: Policy Regarding Use of Newspapers for Advertising

SUMMARY CONT'D:

(d) such other newspapers as may be specifically required by Federal and Provincial legislation.

220004.1

Page 288 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Awarding of Tender Contracts During the Summer Recess of Council

DATE ADOPTED OR RECEIVED BY COUNCIL: July 10, 1989

RESOLUTION NUMBER: 316-89

RECOMMENDATION FROM: Treasurer's Report, Item 93-89

SUMMARY: The Administrator, in consultation with the Mayor and the appropriate Department Chairman, is authorized to accept tenders for various projects, equipment, etc., which may be received during the summer recess of the Council provided such tenders are within or do not exceed by more than 10% the approved budget allocations. In the event such tenders exceed the approved budget allocations by more than 10%, the tenders will only be accepted following further consultation with Council.

220005

Page 289 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY

POLICY PROCEDURE

SUBJECT: Involvement of Members of Council in the Tendering and Quotation Process

DATE ADOPTED OR RECEIVED BY COUNCIL: February 24, 1992

RESOLUTION NUMBER: 71-92

RECOMMENDATION FROM: Administrators memorandum to Council - February 24, 1992 Committee of the Whole.

SUMMARY: The following shall be the Town's policy regarding the involvement of the members of the Council in the tendering and quotation process: 1. No Member of the Town of Whitby Council shall knowingly engage in discussions with a person who is in the process of tendering on a particular job or a person engaged in the performance of a contract once awarded; and, 2. That should a situation evolve where a Member gains knowledge of a matter relating to a tender prior to it being awarded by a Committee or Council, the Member shall refer the point raised by the bidder to the Administrator who shall make diligent inquiries on the matter and who shall report his findings to the Committee or Council as appropriate at the time the tender or quotation is being considered.

220006

Page 290 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Erection of Private Buildings or Structures on Municipal Proper1;y

DATE ADOPTED OR RECEIVED BY COUNCIL: May 11, 1981

RESOLUTION NUMBER: 218-81

RECOMMENDATION FROM: Administrative Committee

SU""1ARY: That it is the policy of the Town of Whitby not to ap prove the erection of private buildings or structures within the public open space areas owned by the Munici pality.

310002

Page 291 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Location of Cenotaph - Green Street and Dundas Street East

DATE ADOPTED OR RECEIVED BY COUNCIL: November 23, 1981

RESOLUTION NUMBER: 475-81

RECOMMENDATION FROM: Council

SUMMARY: The location of the Cenotaph remain in perpetuity at the corner of Green Street and Dundas Street East.

310003

Page 292 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Mortgages Taken Back on Sale of Municipal Property

DATE ADOPTED OR RECEIVED BY COUNCIL: September 13, 1982.

RESOLUTION NUMBER: 836-82

RECOMMENDATION FROM: Operations Committee

SUMMARY: That when selling or otherwise disposing of Municipal property that is no longer required, and, as a condition of sale the Municipality is taking back a mortgage on the property, the interest charged on the mortgage will be calculated at the current market rate available at the time of executing the mortgage documents.

310004

Page 293 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Development of Property Sold by the Town as a Condition of Sale

DATE ADOPTED OR RECEIVED BY COUNCIL: October 28, 1985

RESOLUTION NUMBER: 1246-86

RECOMMENDATION FROM: Committee-of-the-Whole

SUMMARY: That the Town include the following condition in any purchase/sale agreement when selling lands deemed by Counci 1 as surp1us: If the construction of a building has not been initiated within 12 months of the date of closing of the transac tion the Town of Whitby shall have the option to pur chase the property for the same price, it being under stood that all other considerations will be considered 1ost.

310005

Page 294 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Circulation of Zoning and Subdivision Applications to the Local Architectural Conservation Advisory Committee (LACAC)

DATE ADOPTED OR RECEIVED BY COUNCIL: May 26, 1986

RESOLUTION NUMBER: 234-86

RECOMMENDATION FROM: Planning Director's Report, Item 69-86

SUMMARY: The Planning Department shall circulate all zoning and subdivision applications to the L.A.C.A.C. for comment ·11here properties containing buildings on the L.A.C.A.C. 's inventory of significant structures are affected.

320007

Page 295 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Authority to Appeal Decisions of Land Division Committee and Committee of Adjustment

DATE ADOPTED OR RECEIVED BY COUNCIL: October 27, 1975

RESOLUTION NUMBER: 737-75, as up-dated by the Administrator, April, 1982.

RECOMMENDATION FROM: Administrative Committee

SUMMARY: (l} Where a separation is granted by the Land Division Committee of the Regional Municipality of Durham contrary to the policies of the Town of Whitby, the Administrator is authorized to lodge an appeal with the Ontario Municipal Board. (2} Where a variance is granted by the Committee of Adjustment, contrary to the policies of the Town of Whitby, the Administrator is authorized to lodge an appeal with the Ontario Municipal Board.

320010

Page 296 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Public Notification Policy for Applications to Amend the Existing Town of Whitby Official Plan

DATE ADOPTED OR RECEIVED BY COUNCIL: July 18, 1983, May 25, 1987

RESOLYTION NPMBER: 247-83 (By-law 1555-83), 742-87

RECOMMENDATION FROM: Planning Director's Report, Item 103-83, 104-87

SUMMARY: 1. In conjunction with an application for approval of an amendment to the Whitby Official Plan, the applicant shall erect a non illuminated sign at his/her cost on the subject property. The sign shall be professionally prepared and erected within seven days of the submission of the application and shall be removed within seven days of the approval, denial or closing of the file by Whitby Town Council, or withdrawal of the application. A public meeting of the Planning and Development Committee, as required by the Planning Act, will not be scheduled until the Planning Department has been satisfied that the sign has been erected. Where more then one application requiring a sign is made for the same site, one sign may be erected giving notice of all applications.

2. A public information meeting of the Planning & Development Committee shall be held to advise the public of the application and receive public input; such meeting to be set for the next possible committee meeting following the receipt of the application. 320012

Page 297 of 449 Agenda Item # 6.17

POLICY PROCEQURE Page 2

SUBJECT: Public Notification Policy for Applications to Amend the Existing Town of Whitby Official Plan

SYMMARY CONT'D: 3. Notice of the meeting will be by newspaper advertisement with at least 10 days prior notice. 4. Where the application applies to a specific property for which a re-zoning will be required and for which the applicant has a specific proposal, notice by mai;L will also be given to those owners of property within 120 metres (400 feet) of the subject property. 5. Notice of the Planning and Development Committee meeting at which the application will be considered will be sent to all persons whom the Committee directs at the public information meeting. NOTE: If the Official Plan Amendment is approved and this form of notice has been given, no public information meeting is required prior to Committee or council considering the re zoning application which implements the Official Plan Amendment. pyblic Notification Policy Where the Town Initiates an Amendment to tbe Official Plan 1) Public meetings will be held as required. 2) Notice of the first of such meetings shall be advertised in the appropriate newspapers and shall be mailed to all owners of properties within the area affected and within 400 feet of that area. 3) Notice of subsequent meetings shall be determined by the Planning and Development Committee.

320012.1

Page 298 of 449 Agenda Item # 6.17

APPENDIX PLANNING DEPARTMENT PROCEDURES AND REQUIREMENTS FOR THE ERECTION OF SIGNS FOR THE NOTIFICATION OF PLANNING APPLICATIONS

REQUIREMENTS: In conjunction with applications for approval of plans of subdivision or amendments to the zoning by-laws or the Whitby Official Plan, the applicant shall erect a non-illuminated sign at his/her cost on the subject property. The sign shall be professionally prepared and erected within seven days of the submission of the aforesaid .application(s) and shall be removed within seven days of the approval, denial or closing of the file(s). A public meeting of the Planning and Development Committee, as required by the Planning Act, will not be scheduled until the Planning Department has been satisfied that the sign(s) have been erected as set out in these requirements. Where more than one application requiring a sign is made for the ·same site, one sign may be erected giving notice of all applications. APPLICATION: The reverse of this form must be completed, signed by the owner or his/her authorized agent and submitted to the Planning Department together with the required application. APPLICATION REVIEW: The application will be reviewed by the Planning Department for compliance with these requirements, and the wording of the sign message will be supplied to the applicant.

SIGN SPECIFICATIONS:(a) size: 1.2 m (4ft.) wide by 1.2 m (4ft.) high, 0.6 m (2ft.) ground clearance.

(b) Acceptable Materials: 12. 5 mm (1/2in.) exterior grade plywood panel, 2-89mm X 89 mm (4in. X 4in.) wood posts or steel posts installed a minimum of 1. 2 ( 4ft.) below grade.

320012.2

Page 299 of 449 Agenda Item # 6.17

- 2

(c) Paint: Sign panels and all wooden structural members shall be painted on all sides and edges with two coats of exterior type matte finish alkyd paint over a suitable primer. Lettering to be black inscribed on a white background. (d) Lettering: The sign shall be professionally lettered or silk screened using upper case Helvetica Medium typeface or similar sans serif, size 30 mm, 50 mm, and 100 mm. (e) wording: The sign shall contain wording that has been provided by the Planning Department and shall generally be in the format as shown on the reverse of this sheet. (f) Location: For interior lots having frontage on one street, the required sign shall be located approximately midway between the side lot lines at a minimum setback of 1 m (3ft.) from the streetline and a maximum 2 m (6ft.). For lots with streetline(s) that abut two streets, (i.e. corner lots, through lots), a separate sign shall be required facing each street, located approximately midway between the opposing lot lines at a minimum setback of 1 m (3ft.) and a maximum of 2 m (6ft.) from the streetline(s). All signs shall be located away from any obstructions such .that the signs are visible from the street. (g) Maintenance: With signing of this application, the applicant agrees that the sign will be maintained both in structure and paint work to the satisfaction of the Town. EXEMPTIONS/ DEVIATIONS: Exemptions and/or deviations from the requirements of these procedures and specifications shall be at the discretion of the Director of Planning.

320012.3

Page 300 of 449 Agenda Item # 6.17

SIGN FOR PLANl\llNG APPLICATION NOTICE

Indicate the proposed location of the sign(s) below. Sign the bottom of this fonn and return it to the Planning Departllent with your applfcation(s). The appropriate message will be provided by the Planning Department In the space provided and a copy wi 11 be returned to you.

SIGN LOCATION PLAN (n.t...) .I I I ! ! -0 NORTH ARROW STREET S~T ~·-·-·-·-·-·-·-·-·-·-·-·~ lllGHT STREET---~~~------~FRONT

NOTES ' © SIGN MUST NOT B£ LOCATED IN Im CORNER SITE TRIANGLE. @ SIGN MUST BE BETWEEN I AND 2 METRES FROM STREET PROPERTY LINE.

SIGN MESSAGE a DIMENSIONS

NOTICE SIGN MESSN3E TO BE PROVIDED AN APPLICATION HAS KIN SUIMITTED la AMEND BY THE PL.ANNING DEPARTMENT ....- , l TO PERMIT ...-_ - "°",.,...~ ...... CAI.~ '"' ...... ,.... TOWll °' •NITl'r - -...._ - ..... rSTJIUT ... . -·· I "' I l +t __LJ ++i....J .., 'N IC&f __

The undersigned hereby agree to construct the proposed slgn(s) In accordance with the specifications contained herein and to maintain the slgn(s) both In structure and paint work to the satisfaction of the Town. The undersigned further agree to rtt10ve the slgn(s) within seven (7) days of the approval, denial or closing of the ffle(s) by Whitby Town Council, or the withdrawal of the planning application(s).

Downer OOwner' s Agent Sl9n1ture D1te

Page 301 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY

POLICY PROCEDURE

SUBJECT: Condominium Conversion Application Under Subsection 4(1) of The Rental Housing Protection Act, 1989.

DATE ADOPTED OR RECEIVED BY COUNCIL: December 16, 1991

RESOLUTION NUMBER: 9 - 91

RECOMMENDATION FROM: Planning Director's Report, Item 260-91

SUMMARY: For the purpose of processing Condominium Applications under the Rental Protection Act, 1989, the application form shall be completed and submitted to the Municipality in accordance with the attached.

320013

Page 302 of 449 Agenda Item # 6.17

CORPORATION or THE TOWll or WHITBY

CONDOKIHillM CONVERSION APPLICATION

tn!DER SUBSECTION 4(11 Cbl or THE RB!!TAL HOUSING PROTECTION ACT. 1989

OFP+CE USE FILE NO. By-law No. 1784 2585 Checked By Date Received - by Clerk - by Planning complete the tollovinq and check the box next to the person or tirm. to whom correspondence should be addressed.

1. Mame ot owner

Address

Telephone POSTAL CODE~~~~-

2. Name of Agent (if any) Address

Telephone POSTAL CODE~~~~-

J. Ontario Land surveyor Address

Telephone

4. Location of Subject Property (to include legal description and municipal number)

Registered Plan Number Reference Plan Number Is application a resubmission of an earlier proposed condominium plan? Yes No

Indicate previous file number (if available)

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Page 303 of 449 Agenda Item # 6.17

5. Current occupancy ot Property•

If Vacant Vacant(V) Use owner-occupied(O) (Commercial, Date Use prior Unit Number Rented(R) Residential) vacated to vacancy

No. of v- R- No. of Units o- c- Vacant R- Other- Units

* (may be attached to application as separate list)

6. EXISTING TENANTS AND RENTS IN PROPERTY* List by unit num])er and type (bachelor, one bedroom, etc.) Name Of Unit Number Unit Type Rent Tenant

* (may be attached to application as separate list)

7. PROPOSED CONDOMINIUM Indicate number of units of each type proposed Proposed Residential Commercial

Other (describe)

Describe any Government sponsored financing for property: Proposed financing

'Approved f inan.cing

i !

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8. BUILDING DESCRIPTION Date construction completed

Gross floor area

No. of storeys

Proposed density (units per hectare)

9. ESTIMATED SELLING PRICES (after conversion) - List range by unit type (bachelor, on• bedroom, etc.)

Unit Type Price

10. lllJllBBR or TEJlllJITS llBO llAVB INDICATED (IN WRITING) A WISH TO PllRCBASE A CONDOMINIUll UNIT

11. Are any renovations, repairs or changes in use intended in conjunction with the conversion? Describe:

12. Planning Information tor Site. What is the land use designation of the subject property in an approved Local official Plan or amendment?

Amendment Number: What is the zoning Of the subject property in an approved zoning by law or zoning order?

Has a site plan been submitted to the municipality for review?

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Page 305 of 449 Agenda Item # 6.17

12. (Cont'd):

Has a building permit been issued? How many units do existing tenants wish to purchase?

13. Existing Buildings Is this a rental building being converted to a condominium dwelling? Yes No If yes, has an official plan amendment application been submitted? Yes ____ No ___ Has approved under the Rental Housing Protection Act, 1989 been granted? Yes No

Date ------~

14. SERVICING Indicate what services are proposed: A. Water Supply Piped water Individual Other wells (describe) B. Sewage Treatment Sewers Septic Presewer System Other (describe) C. Storm Drainage Sewers Open Other ditches (describe)

If individual wells and/or septic systems are proposed, a detailed engineering report MUST accompany this application as per the policies of the Town of Whitby Official Plan. The report must confirm adequate supply of potable water, and adequate soil and watar table conditions on each lot satisfactory for operation of septic system. If other servicing problems are foreseen, what are they and what solutions are proposed?

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15. ACCESS

Is there direct access from the subject lands to a publicly maintained road? Yes --- No --- If "No", what provision is there for access to the site?

If a lakefront development is proposed, without road access: A. What type of docking and parking facilities exist on the lake?

s. What distance are they from the site? c. How far is the nearest Provincial Highway/ Regional Road/ Local Road

16. Existing land use Briefly describe:

17. surrounding land uses

No •L South T:'as• West

18. veqatation What type of vegetation exists on the proposed site (e.g. shrubs, woodlots, orchards)?

19. Topography

Outline general topography and any special characteristics that may affect development (e.g. escarpments, rock outcrops, etc.)

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Page 307 of 449 Agenda Item # 6.17

20. Drainaqe

Describe the drainage of the site and any on-site or nearby water sources (e.g. creeks, lakes, ponds, etc.)

21. Existing Buildings Describe any buildings, historical or otherwise and any man-made features on the site, and their proposed use. (e.g. whether retained, modified, demolished, etc.)

22. Owner's Other Land Holdings

Describe by location owner's other land holding within one quarter mile of the limit of this subdivision plan.

23. Environmental Effects

What measures have or will be taken to eliminate any adverse environmental effects from the development on the surrounding area (e.g. traffic, noise, odours, pollution Of nearby water bodies, run off, etc.) and to eliminate any adverse effects from the adjacent area on the proposed development (e.g. buffering, berms, setbacks, etc.)? In agricultural areas refer to the Agricultural code of Practice. Where potential adverse environmental effects are foreseen, consultation with the Ministry of Environment is recommended.

24. Tenants Of Property Attach to the application form an up-to-date list of the tenants and complete address of the tenants of the residential rental property that is the subject. of the application.

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Page 308 of 449 Agenda Item # 6.17

25. Affidavit

I, of the in the Region/Metropolitan of

solemnly declare that all the above statements contained in the withir application are true, and I make this solemn declaratior conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of "The Canada Evidence Act".

Declare before me at the

in the Region/Metropolitan of this day of

A Commissioner of Oaths

26. owner's Authorization (if multiple owners, authorization letter fron each owner is required)

If an agent is used, the owner must also complete the following or a similar authorization on the face of the draft plan:

I, being the registered owner of the

subject lands hereby authorize (type or print name of agent)

to prepare and submit a draft plan of subdivision, condominium for approval.

Signature day month year

THIS APPLICATION WILL NOT BE ACCEPTED UNLESS:

1. All applicable sections of this application are completed; 2. 50 copies of the draft plan, folded, are attached; 3. One transparent reduction 8\ )( 14 is attached; 4. Information required under Section 50(2) of the Planning Act are shown on the draft plan; and 5. A non-refundable application fee of $1,000.00 in cheque or mane~ order mad.e payable to the Treasurer of the Corporation of the Towr of Whitby is enclosed.

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Page 309 of 449 Agenda Item # 6.17

APPLICATION PACKAGE MUST BB SUBMITTED TO:

Town of Whitby Planning Department Telephone: 668-5803 575 Rossland Road East From Toronto: 686-2621 Whitby, Ontario LlN 2M8

This application and the attached supporting documentation, if any, contains information collected and maintained specifically for the purpose of creating a record available to the general public and is open to inspection by any person during normal office hours.

Personal information on this form is collected under the authority of the Municipal Act, R.s.o. 1980, c.302, as amended, and the Planning Act. 1983, as amended, and will be used in the processing of an application for amendment to the zoning by-law. Questions about this collection should be directed to the Director of Planning, Town of Whitby, 575 Rossland Road East, Whitby, LlN

2H8 I ( 416) 668-5803.

320013.8

Page 310 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY

POLICY PROCEDURE

SUBJECT: Part Lot Control

DATE ADOPTED OR RECEIVED BY COUNCIL:

February 25, 2002

RESOLUTION NUMBER:

406-02

RECOMMENDATION FROM:

Planning Director's Report, Item 40-02

SUMMARY:

The Planning Director is permitted to introduce by-laws to lift part lot control under the provisions of the Planning Act to Council without the necessity of a planning report unless there are related outstanding planning issues.

320017

Page 311 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Site Plan Agreements - Road Widening

DATE ADOPTED OR RECEIVED BY COUNCIL: September 27, 1976

RESOLUTION NUMBER: 463-76

RECOMMENDATION FROM: Staff Committee

SUMMARY: If the road widening requirement is considered desirable for the purpose of an imminent road reconstruction, the acqui si ti on of the property with compensation shall be considered as part of the negotiations process, at an agreed-upon value, providing however that we will have 1·egard for future road widening requirements.

330003

Page 312 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Adequacy of Water Supply for Fire Protection Services as a Condition of Development - Dundas Street East Between Anderson Street and Glen Hill Drive

DATE ADOPTED OR RECEIVED BY COUNCIL: March 10, 1986

RESOLUTION NUMBER: 113-86

RECOltlENDATION FROM: Planning Director's Report, Item 43-86

SUMMARY: As an interim polfcy, no new development shall be per mitted to proceed on the commercially zoned (C2-Sl prop erties on both sides of Dundas Street East between Anderson Street and Glen Hill Drive until adequate water supply for fire fighting purposes is available or, alternatively, a proponent of any new development in this location be solely responsible for the provision of adequate water supply for fire fighting purposes.

330004

Page 313 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Pre-cast Curbing in Site Plans

DATE ADOPTED OR RECEIVED BY COUNCIL: October 23, 1978

RESOLUTION NUMBER: 344-78

RECOMMENDATION FROM: Planning Director &Public Works Director's Report

SUMMARY: The Town's position on pre-cast curbing as it applies to site plan is as follows: The Town will not accept portable pre-cast concrete curbs, commonly known as "bumper" curbs, in the private property areas. "Bumper" curbs are defined as those in dividual pre-cast curbs which sit on top of the asphalt surface and are tied to the pavement by steel rods. However, the Town will accept the continuous pre-cast concrete curbing which is set on a poured concrete base and is "bound" to the final course of asphalt. The pre-cast curbing must also be "backfilled" with earth to the full curb height on the opposite side to the pave ment that it abutts. The Town will continue to accept poured-in-place curbing.

330006

Page 314 of 449 Agenda Item # 6.17

THE CORPORATION OP THE TOWN OP WHITBY

POLICY PROCEDURE

SUBJECT: site Plan Approvals During the Summer Recess of Council

DATE ADOPTED OR RECEIVED BY COUNCIL: July 15, 1991

RESOLUTION NUMBER:

RECOMMENDATION PROM: Director of Planning

SUMMARY: The Mayor and Clerk are authorized to execute site plan agreements during the Council's summer recess for submissions processed through the office of the Administrator where, a. a full Planning Director's Report has been submitted to the Administrator respecting the site plan application; b. the Administrator has obtained and conveys to the Mayor and Clerk the concurrence from a majority of Council agreeing to the staff recommendations; and, c. the site plan application is free standing and is not being considered in conjunction with any other active applications.

330010

Page 315 of 449 Agenda Item # 6.17

THE CORPQRATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Application for Amendment to Zoning By-law 2585 and 1784 (As Amended) Information and Rules of Procedure

DATE ADOPTED OR RECEIVED BY COUNCIL: July 18, 1983, March 9, 1987, March 12, 1990

RESOLUTION NPMBER: 247-83, 626-87, 612-90

RECOMMENDATION FROM: Planning Director's Reports, Items 103-83, 54-87, 63-90

SUMMARY:· GENERAL INFORMATION: There are two Zoning by-laws for the Town of Whitby: (a) By-law 2585 as amended covering the lands in the former Town of Whitby. (b) By-law 1784 as amended covering the lands in the former Township of Whitby. The Zoning By-laws further stipulate in detail the restrictions and provisions applicable in the various Zone categories. An application may require in excess of six months to process to enable council to carry out the necessary studies related to the application and to obtain the necessary approvals. It is only after the necessary approval (s) is qiven that a particular applicant may proceed.

340001

Page 316 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 2

SUBJECT Application for Amendment to Zoning By-law 2585 and 1784 (As Amended) Information and Rules of Procedure

SPMMARY CONT'D PROCEDURES FOR PROCESSING APPLICATIONS FOR ZONING BY-LAW AMENDMENTS 1. An application is made to the Town Council in the appropriate form attaching the required number of copies of plans and other material as provided for in the application.

2. The application together with the appropriate fee is deposited with the Clerk and when presented to Council, it is forwarded to the Planning and Development Committee for report and recommendation. 3. The applicant is required to post a sign on the subject property advising the public of the application. The specifications and procedures for the posting of the sign are contained in the Appendix attached to the application form. 4. The applicant is advised of the time and date the application will be presented to the Planning & Development Committee for information and will be invited to attend in person to express his views about the application or to be represented by counsel for this purpose, and also provide the Committee with an opportunity to question the applicant. At this meeting, all assessed persons within 120 metres (400 feet) will be invited to also express their views on the application in accordance with Sections 34(12), (13) and (14) of the Planning Act, 1983. They will also be afforded one additional week to submit their views in writing to the Planning Department.

5. The applicant is advised of the time and date the application will come before the Committee for a recommendation to Council. At this meeting, the Committee will have before it any staff reports making a recommendation on the matter. The applicant will be invited to this meeting to express his views as will any person to whom the Committee may direct that notice be circulated.

340001. l

Page 317 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 3

SUBJECT Application for Amendment to Zoning By-law 2585 and 1784 (As Amended) Information and Rules of Procedure

SUMMARY CONT'D 6. When the committee is satisfied that all matters have been considered, it may recommend to Council that the application be referred, reserved, refused, approved or approved subject to certain conditions. 7. Council may then act on the Committee's recommendation. 8. Where an application is refused by Council, the applicant has the right of appeal to the Ontario Municipal Board as provided by Section 34(11) of the Planning Act, 1983. 9. Where an application is approved by council, Council will direct that the necessary amendments to the zoning By-law be prepared and where applicable, the necessary site plan agreement. once the Amendment By-law is passed, notice of its passing is given. If no notice of appeal is filed within 20 days of giving notice of the passing of the by-law it is deemed to have come into force on the day it was passed. 10. If any objections are received, the Amendment By law together with the objections will be forwarded to the Ontario Municipal Board (O.M.B.). The O.M.B. may appoint a date for the public hearing to consider the proposed amendment by-law and may at such hearing signify its approval or otherwise of the by-law. The Ontario Municipal Board issues a formal order detailing its decision. Such order is final and binding and is effective authority for the zoning change or other amendment to become law.

340001.2

Page 318 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 4

SUBJECT Application for Amendment to Zoning By-law 2585 and 1784 (As Amended) Information and Rules of Procedure

SQMMARY CONT'D

11. ~ A fee of $800.00 (cash, cheque or money order) is payable for each amendment application, at the time of application and is not refundable. A fee of $500. oo is payable for each amendment application for removal of a "H" holding provision or for a site specific amendment to an established zone provision. All remittances should be made payable to the Treasurer of the Town of Whitby. 12. Site Plan Agreement Requirements See Town of Whitby site plan agreement information and rules of procedure if a site plan agreement is required.

340001. 3

Page 319 of 449 Agenda Item # 6.17

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340001.4

Page 320 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Subdivision Agreeement Negotiations

DATE ADOPTED OR RECEIVED BY COUNCIL: August 18, 1975

RESOLUTION NUMBER: 584-75 as up-dated by the Administrator

RECOMMENDATION FROM: Management Committee

SUMMARY: The Administrator and such staff as he may designate is authorized to undertake preliminary negotiations of Sub division agreements on the basis of the standard form of agreement and the matters requiring policy decisions be referred to the Management Committee.

340009

Page 321 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Masonry Feature Entrance Walls in Plans of Subdivision

DATE ADOPTED OR RECEIVED BY COUNCIL: February 25, 1985

RESOLUTION NUMBER: 937-85

RECOMMENDATION FROM: Planning Director's Report, Item 25-85

SUMMARY: Masonry feature entrance walls shall be accepted by the Town as part of subdivision development if requested by a developer. The construction drawings for masonry feature entrance walls shall be designed by a qua 1i fi ed architect or engineer and must be approved by the Director of Public Works. The Town shall accept the long term maintenance respons ibility of masonry feature entrance walls subject to receiving from the developer a cash contribution in the amount of 10% of the total construction cost of the walls. Such contribution shall be used exclusively for entrance wall repairs.

Any corporate 1ogos, etc., of a developer or builder must be removed from any masonry feature entrance walls at such time as the subdivision agreement is released in full.

340010

Page 322 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Bicycle Paths

OATE ADOPTED OR RECEIVED BY COUNCIL: January 27, 1975

RESOLUTION NUMBER: 45-75

RECOMMENDATION FROM: Operations Conunittee SU"'4ARY: The development of a bikeway system within the Town of '1hitby could be expanded and implemented within new plans of subdivisions.

340011

Page 323 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Underground Cables

DATE ADOPTED OR RECEIVED BY COUNCIL: April 20, 1970, September 10, 1971 RESOLUTION NUMBER: 361-70, 362-70 (By-law), 838-71

RECOliflENDATION FROM: n/a

SUliflARY: As a condition to the approval of future residential subdi visions it shall be mandatory for telephone cab1es to be installed underground. Bell Canada is permitted to install coaxial cable, sub ject to existing and future by-laws now under consider ation by the Council.

It shall also be mandatory for electrical distribution wiring to be installed underground under the supervision of the Public Utilities of the Town of '..lhitby.

340012

Page 324 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Town Assumption of Streets, Street Widenings and Walkways in Plans of Subdivision

DATE ADOPTED OR RECEIVED BY COUNCIL: May 13, 1985

RESOLUTION NUMBER: 1030-85

RECOMMENDATION FROM: Clerk's Report, Item 20-85

SUMMARY: To ensure that the ownership of future streets, street widenings and walkways in plans of subdivision is prop erly shown in the name of the Town of Whitby,

(1) a subdivider shall 'convey' rather than 'dedicate' to the Municipality all lands required for walkway purposes; and, (2) the Town shall register on title a by-law assuming the streets and street widenings which are dedicated to the Municipality by plan of subdivision as soon as the streets are fully constructed by the sub divider and the maintenance period expires.

340014

Page 325 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Length of Cul-de-Sacs in Plans of Subdivision

DATE ADOPTED OR RECEIVED BY COUNCIL: January 17, 1983.

RESOLUTION NUMBER: 21-83

RECOMMENDATION FROM: Planning Director's Report, Item 4-83, to Administrative Cormnittee SUlfilARY: The following policy regarding the length of Cul-de-sacs in Plans of Subdivision shall apply: ( 1 l That Council endorse the current practice of the Planning Department in the review of plans of sub divison whereby the length of sul-de-sacs shall be determined on a site-by-site basis. Such review shall be conducted by the Planning Department, in consultation with the Public Works and Fire Depart ments having regard for the C.M.H.C. guideline of a maximum length of 750 feet without a second means of access.

340016 .

Page 326 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Application for Approval of Subdivision Plans Information and Rules of Procedure

DATE ADOPTED OR RECEIVED BY COUNCIL: July 18, 1983, March 9, 1987, March 12, 1990

RESOLUTION NUMBER: 247-83, 626-87, 63-90

RECOMMENDATION FROM: Planning Director's Reports, Items 103-83, 54-87

SUMMARY: The Town of Whitby Planning Area has an Official Plan approved by the Minister of Housing on June 17, 1974.

There are two Zoning By-Laws for the Town of Whitby:

(a) By-law 2585 as amended covering the lands in the former Town of Whitby. (b) By-law 1784 as amended covering the lands in the former Township of Whitby.

PROCEDURE FOR PROCESSING APPLICATIONS FOR APPROVAL OF SUBDIVISION PLANS

1. An application is made to the Town Council on the appropriate form attaching the required number of copies of plans and other material as provided for in the application. 340017

Page 327 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 2

SUBJECT: Application for Approval of Subdivision Plans Information and Rules of Procedure

SYMMARY CONT'D: 2. The application, together with the appropriate fee, is deposited with the Clerk and when presented to Council, it is forwarded to the Planning and Development Committee for report and recommendation. 3. The applicant is required to post a sign on the subject property advising the public of the application. The specifications and procedures for the posting of the sign are contained in the Appendix attached to the application form. 4. The applicant is advised of the time and date the application will be presented to the Planning and Development Committee for information and will be invited to attend in person to express his views about the application or to be represented by counsel for this purpose, and also provide the Committee with an opportunity to question the applicant. At this meeting, all assessed persons within 120 metres (400 feet) will be invited to also express their views on the application and any required rezoning in accordance with Section 34(12), (13) and (14) of the Planning Act, 1983. They will also be afforded one additional week. to submit their views in writing to the Planning Department. 5. The applicant is advised of the time and date the application will come before the Planning and Development Committee for a recommendation to Council. At this meeting, the committee will have before it any staff reports making a recommendation on the matter. The applicant will be invited to this meeting to express his views as will any persons to whom the Committee may direct that notice be circulated.

340017.1

Page 328 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 3 /

SUBJECT: Application for Approval of Subdivision Plans Information and Rules of Procedure

SYMMARY CONT'D: 6. When the Planning and Development Committee is satisfied that all matters have been considered, it may recommend to Council that the application be referred, rese.rved, refused, approved or approved subject to certain conditions.

7. Council may then act on the Planning and Development Committee's recommendation.

8. Council's decision is forwarded to the Region of Durham where the application will be further considered. 9. Where an application is approved by Council, Council will direct that the necessary amendments to the Zoning By-law be prepared and where applicable, the necessary subdivision agreement. Once the zoning by-law is passed, notice of its passing is given. If no notice of appeal is filed within 20 days of giving notice of the passing of the by-law it is deemed to have come into force on the day it was passed. 10. If any objections are received, the zoning by-law together with the objections will be forwarded to the Ontario Municipal Board (O.M.B.). The O.M.B. may appoint a date for the public hearing to consider the proposed zoning by-law and may at such hearing signify its approval or otherwise of the by-law.

11. The Ontario Municipal Board issues a formal order detailing its decision. Such order is final and binding and is effective authority for the zoning change or other amendment to become law.

340017.2

Page 329 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 4

SUBJECT: Application for Approval of Subdivision Plans Information and Rules of Procedure

SPMMARY CONT'D: 12. FEES: A FEE OF $25.00/unit (minimum $1,000.00, maximum $2,500.00) (cash, cheque or money order) is payable for each application at the time of application and is not refundable. All remittances should be made payable to the Treasurer of the Town of Whitby. If the proposed plan of subdivision requires a re zoning to implement it, such re-zoning application should be made.

340017.3

Page 330 of 449 Agenda Item # 6.17

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340017.4

Page 331 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY

POLICY PROCEDURE

SUBJECT: Subdivision Sales Trailer/Office.

DATE ADOPTED OR RECEIVED BY COUNCIL:

February 8, 1993

RESOLUTION NUMBER:

495-93

RECOMMENDATION FROM:

Memorandum from Administrator dated February 8, 1993

SUMMARY:

The following policy shall apply to the opening of a sales office to market residential subdivisions in the Town: 1. The subdivision agreement must be executed by all parties. 2. In lieu of payment of 10% of the engineering fees for inspection of construction of services to be paid at the time of subdivision execution, the following apply:

(a) The developer shall pay the Town the engineering fee already incurred for the processing of the engineering drawings, in an amount which represents 1% of the estimated cost of the installation of public services; (b) The developer shall pay to the Town the amount of $5,000.00 for legal and administrative fees associated with the preparation and registration of the subdivision agreement; (c) The developer shall make payment of applicable Planning fees; (d) The developer shall pay a fee in the amount of $3,000.00 to ensure that the sales trailer/office will be removed from the site and, if after one year from the date of opening of the sales trailer/office, it is the Town's conclusion that no development is scheduled to take place, such fee shall be used by the Town to have the sales trailer/office removed;

340018

Page 332 of 449 Agenda Item # 6.17

Policy Procedure con't

(e) Architectural control for the subdivision shall be approved for each dwelling unit prior to the opening of the sales trailer/office; (f) A sample copy of the agreement of purchase and sale shall be submitted to the Town for approval prior to the opening of the sales office and prior to the Town executing the subdivision agreement, and must contain specific clauses, to be high-lighted, indicating;

(i) the closing dates of all purchase agreements are subject to the developer deciding to proceed with servicing; (ii) that the dates for closing shown in the purchase agreements are estimates only; (iii) that the purchaser may withdraw from the purchase and sale agreement, without penalty, provided the developer has not supplied the purchaser and the Town of Whitby, within one year from the date of said agreement, with a firm schedule indicating the timing for construction of municipal services and a firm occupancy date. Said occupancy date is subject to the provision that if the vendor requires additional time for construction of the dwelling, he may by notice in writing to the purchaser extend the closing date for a period not to exceed 120 days; (iv) that a substantial sign, approved by the Town, worded similarly to the above specific clauses shall be displayed in a prominent place in the sales office where it can readily be seen by prospective purchasers;

3. The developer shall provide the Town with proof of liability insurance coverage regarding the use of the sales trailer and associated land; and,

4. The Town shall not issue draft plan approval release to the Region of Durham until such time as all the financial and other requirements set out in the subdivision agreement have been finalized and secured.

340018.1

Page 333 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Cleaning Driveways of Snow That Have Been Filled in Due to the Town's Winter Clearing Operations

DATE ADOPTED OR RECEIVED BY COUNCIL: February 8, 1982

RESOLUTION NUMBER: 582-82

RECOMMENDATION FROM: Special Meeting of Council - Budget Connnittee - Public Works Report 9-82 SUMMARY: (1) That it be the policy of the Town not to clean pri vate driveways which have been filled in due to the Town's snow-clearing operations. (2) That this policy is merely a reinforcement of the practise that al ready exists, being that the Town in the past not expend any monies for the removal of snow from private driveways.

500002

Page 334 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Energy Conservation Program - Propane Conversion

DATE ADOPTED OR RECEIVED BY COUNCIL: May 25, 1981

RESOLUTION NUMBER: 256-81

RECOMMENDATION FROM: Administrator's Report, Item 18-81

SUMMARY: That the Town proceed to convert the following trucks to propane: Truck No. 225 - 1980 3/4 ton pick-up; Truck No. 226 - 1980 3/4 ton pick-up;

1981 Chevrolet ~ ton; 1981 Ford 3/4 ton; In addition, staff shall continue to monitor the situ ation with the view of considering additional conver sions at future dates as new vehicles are purchased.

500003

Page 335 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Ontario Provincial Standard Drawings

DATE ADOPTED OR RECEIVED BY COUNCIL: May 13, 1985

RESOLUTION NUMBER: 1030-85

RECOMMENDATION FROM: Public Works Director's Report, Item 40-85

SUMMARY: The Town shall adopt the Ontario Provincial Standard Drawings for the construction of new services and plans of subdivision and capital projects.

500004

Page 336 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY

POLICY PROCEDURE

SUBJECT: Stormwater Management - Watercourse Erosion Control

DATE ADOPTED OR RECEIVED BY COUNCIL: September 13, 1993

RESOLUTION NUMBER: 731-93

RECOMMENDATION FROM: Public Works Director's Report, Item 80-93.

SUMMARY: I. Where an erosion control project is to be undertaken by the Conservation Authority within the municipal boundaries of Whitby, and where the Corporation of the Town of Whitby will be levied a portion of the cost of the works, the following administrative procedures must be adhered to as a condition for the commitment of municipal funds to the project:

1. The Town must review and approve the terms of reference to be circulated to consultants for proposals for the engineering design of the project, and must approve of the selection of the consultant. 2. The Town must be invited to attend all design review meetings and site meetings pertaining to the engineering design process. 3. The Town must review and approve the engineering design and contract documents for the project. 4. The Town and the Conservation Authority must be named as co-owners of the project, and the contract must be jointly executed. 5. The Town Council must approve the tender award.

6. The Town must be invited to attend the pre construction meeting and any subsequent construction site meetings.

7. All payment certificates will be approved by the Town prior to release of Municipal funds.

500007

Page 337 of 449 Agenda Item # 6.17

Policy Procedure con't

II. Where erosion control projects are to be undertaken on private property by the Municipality, either independently or in conjunction with the Conservation Authority, the benefitting landowner(s) shall agree to the following conditions prior to initiation of the project: 1. The benefitting landowner(s) shall contribute an amount equal to 25% of the Municipality's cost for the project.

2. The benefitting landowner(s) shall provide an easement to the Town within the limits of the proposed project for maintenance purposes only. The configuration of the easement will be mutually agreed upon between the Town, the Conservation Authority, and the benefitting landower(s).

III. The Town shall implement a program to identify, document, evaluate and prioritize erosion control problems on the creeks within the Whitby urban boundary and in Brooklin. The erosion site inventory shall be updated on a bi annual basis.

500007.1

Page 338 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Apportionment of Building Permit Fees

DATE ADOPTED OR RECEIVED BY COUNCIL:

July 12, 1993

RESOLUTION NUMBER:

695-93

RECOMMENDATION FROM:

Administrator

SUMMARY: When a project is to be extended over a time frame of more than one year, the Administrator is authorized to make a determination as to the apportionment of the Building Permit Fee to the fiscal years deemed appropriate by the Administrator.

510003

Page 339 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Cleaning of Basements After Storm Sewer Flooding

DATE ADOPTED OR RECEIVED BY COUNCIL: July 25, 1971

RESOLUTION NUMBER: 71-752

RECOMMENDATION FROM: Administration Report, Director of Public Works Report, Committee-of-the-Whole SUMMARY: The cleaning up of basements which have been flooded due to blockage of the storm sewer is to be done on the following basis: (1) That on request by the occupants, basement mop-up service be provided by the Town whenever a flooded basement has occurred due to blockage of the storm sewer. (2) That no courtesy clean-up service be provided when a flooded basement occurs due to blockages on pri vate property. (3) That the Town crew courtesy service provide only the following: (a) Mop up surplus water (unfinished basements may be washed down with a hose, if required); (b) Remove any solid deposits; (cl Clean any silt deposits.

520002

Page 340 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 2

SUBJECT: Cleaning of Basements After Storm Sewer Flooding

SUMMARY CONT'D: (4) That Town crews not be permitted to extend this courtesy service to either the cleaning of walls, furniture, rugs, personal belongings, or other goods and chattels or the removal of rubbish. (5) That rugs not be carried outside and/or wrung out, that flooring systems not be removed, and that underfloor areas not be drained. (6) That no article of any description be carried or removed from the basement.

( 7) That a printed notice outlining the above be given to each occupant by the work crew prior to under taking the clean-up.

520002.1

Page 341 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Special Events on Regional Roads

DATE ADOPTED OR RECEIVED BY COUNCIL: July 21, 1976

RESOLUTION NUMBER: 135-76

RECOMMENDATION FROM: n/a

SUMMARY: (1) An Application for a permit to use a Regional Road for a special event shall be submitted to the Com missioner of Works together with a sketch or dia gram of the proposed route and/or the location(s) of the said special event at least fourteen (14) days prior to the date of the special event. (2) No permit shall be issued unless the Applicant has received approval of the special event from the Police Department and the Area Municipality or Area Municipalities in which the Regional Road is lo cated. If application is made for the temporary closing of a Regional Road, The Commissioner may require the Applicant to obtain the approval of the Fire Department, any ambulance service and any agency or company operating a public or school bus transportation service in the Area Municipality or Area Municipalities.

520004

Page 342 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 2

SUBJECT: Special Events on Regional Roads

SUMMARY CONT'D:

(3) The Applicant shall be responsible for the erection and removal of all traffic barriers which shall be provided by the Regional Works Department. The cost of repairing or replacing any damaged or missing traffic barriers shall be the respons i bi 1 i ty of the Applicant. The Region al Works Department shall supply and erect any special detour or other signs required for the staging of the event and the cost of the supply, erection and removal of such signs shall be paid by the Applicant.

(4) The Applicant shall restore the Regional Road to the same condition or better as existed prior to the holding of the said special event.

(5) The Applicant shall file with the Finance Depa rt ment of the Regional Municipality of Durham a Certificate of Insurance in the amount of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) naming the Regional Municipality of Durham as an insured party in connection with the said special event.

520004.1

Page 343 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY

POLICY PROCEDURE

SUBJECT: Storm Sewer Servicing Policy for Properties Fronting on Storm Sewer and Street Reconstruction Projects

DATE ADOPTED OR RECEIVED BY COUNCIL: November 13, 1989

RESOLUTION NUMBER: 416-89

RECOMMENDATION FROM: Public Works Director's Report, Item 133-89

SUMMARY: During storm sewer and street reconstruction projects each year, the Municipality installs storm sewer services to all residential houses and vacant lots fronting on the actual construction. Storm sewer services are connected to the foundation weepers and rainwater downspouts of residential houses. The following situations outline the different cases usually involved on Town projects and outline the policy to be followed for each case. 1. Existing Residential Houses with Sump Pump Drains to the Ditchline of the Proposed Work When streets are storm sewered and urbanized, all existing sump pump connections are connected to the storm sewers. These connections are installed as deep as possible up to the individual lot lines and attached at that location. Any work on the private property is the responsibility of the property owners, themselves. The intent of the connection is to prevent discharging of water at the surface on urbanized roads. The cost of the installation of the storm service connection from

520010

Page 344 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 2

SUBJECT: Storm Sewer Servicing Policy for Properties Fronting on Storm Sewer and Street Reconstruction Projects

SUMMARY CONT'D: the main storm sewer to the property line is incorporated as part of the actual project cost. 2. Existing Residential Houses with No Drains to the Streetline of the Proposed Work In certain cases, existing residential houses do not have a sump pump connection outletting to the ditches of existing streets. In this situation, foundation weepers may be connected to the sanitary sewer connection or may be discharging by sump pump at ground level on the property itself. The storm sewer services are provided to the lot line in these cases. The connection from the lot line to the residence on private property is the responsibility of the property owner. This provision of storm services will prevent unnecessary road cuts in the future and allows property owners to connect downspouts and weepers which may be causing problems on their properties. The cost of these service connections from the main storm sewer to the property line is incorporated as part of the project cost. 3. Existing vacant Lots or Lots Created by Land Division on Existing Residential Streets In the first situation, an existing vacant lot is to be prestubbed with a storm service connection. This service is being provided to prevent unnecessary roadcuts in the future when the actual lot is built on. The cost of the construction of these services is to be borne by the property owner and paid for prior to obtaining of a building permit on the lot. In the situation that the property is not built on for several years, the cost of the storm service will be increased by an annual interest charge which is calculated each year based on the Southam Construction Index.

520010.1

Page 345 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 3

SUBJECT: storm Sewer Servicing Policy for Properties Fronting on Storm Sewer and Street Reconstruction Projects

SUMMARY CONT'D: In the situation that prestubbing is provided for lots that could be created by land division, the applicant as a condition of the severance, will be responsible for payment of all costs. Both the previously noted costs will be assessed an additional eight percent administration fee for processing by the Municipality. 4. Prestubbing of Properties to be Developed for High Density, commercial, or Industrial Uses Fronting on Reconstruction Projects Any property that is zoned for high density, commercial or industrial use or any property that may be envisaged as being rezoned to one of these uses will be prestubbed with a storm sewer service to accommodate the site. All costs of these service connections including the eight percent administration fee will be paid for by the developer of the property and payment will become a condition of the development approval process. In the situation of existing high density, commercial and industrial uses on properties fronting on existing streets, if these sites require a storm service as part of the storm sewer or street reconstruction project, the owner of the property will also be responsible for payment of the cost of same.

520010.2

Page 346 of 449 Agenda Item # 6.17

THE CORPORATXON OF THE TOWN OF WHXTBY

POLXCY PROCEDURE

SUBJECT: Procedure for Reporting Vandalism and Reward

DATE ADOPTED OR RECEXVED BY COUNCXL:

January 29, 1996

RESOLUTXON NUMBER:

486-96

RECOMMENDATXON FROM:

Parks and Recreations Director's Report, Item 2-96.

SUMMARY: The following procedure shall apply when an incidence of vandalism is reported:

1. The caller is asked to remain confidential and advised to call the Durham Regional Crimestoppers at 905-436-8477 or 1-800-978-8477. 2. In calling crimestoppers, the caller is guaranteed anonymity. The Crimestoppers Board will deal with the caller confidentially and will issue a reward if applicable. 3. Crimestoppers may request the Municipality to confirm the vandalism and related particulars. 4. crimestoppers will request reimbursement from the Municipality on rewards issued directly related to Town property. Reimbursement will be charged to the appropriate operating accounts.

600003

Page 347 of 449 Agenda Item # 6.17

Page 2

SUBJECT: Procedure for Reporting Vandalism and Reward

SUMMARY CONT'D:

(6) The reward for the reporting of acts of vandalism which leads to the apprehension and conviction of vandals is $500.00. (7) Issue a cheque requisition and forward it to the Administrator for release. (8) Cheque to be mailed from the Administrator's Office.

600003.1

Page 348 of 449 Agenda Item # 6.17

Number:---- THE CORPORATION OF THE TOWN OF WHITBY

Dept. Receiving Report: Date: Report·Received By: INFORMATION ON REWARD FOR VANDALISM Name of Ca 11 er: Address of Caller:

Phone: ------ Time: Did Caller Report to Police? Yes: ______No:

Date & Time of Incldent: ------~ Location: Particulars:

Approximate Cost:

~lame{s) of Person(s) '/andalizing:

Address of Person(s) landalizing:

Phone: Reported to Pol ice: Date: Time:

To Whom: Date Police Confirmed Vandalism: Date Cheque Issued:

cc: Administrator

600003.2

Page 349 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Project Funding Policy

DATE ADOPTED OR RECEIVED BY COUNCIL: January 12, 1987

RESOLUTION NUMBER: 537-87

RECOMMENDATION FROM: Parks and Recreation Director's Report, Item 49-86

SUMMARY: Statement Recreational opportunities on as wide a scope as feas ible should be encouraged for the citizens of Whitby. While the Department of Parks and Recreation is charged with this overall municipal responsibility, the commun ity and its organizations are the most valuable asset to the Town of Whitby. Recreation is for all the people and this represents many different forms of activity. Joint efforts should be encouraged wherever feasible. Further, it is recognized that the community and its organizations are a resource in themselves and together with professional staff appointed by the Town can joint ly strive to continue to improve recreational opportun ities for the community. Purpose The Project Funding Policy is formulated to provide a means by which joint projects which otherwise may not be considered, can be pursued by the joining of municipal

600005

Page 350 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 2

SUBJECT: Project Funding Policy

SUMMARY CONT'D: resources. It is not the intent of this policy to displace fundraising efforts for large recreational projects which may occur as the community grows or interfere with donations that community groups wish to undertake for the betterment of recreation in Whitby.

Project Examples Projects considered applicable to this "Policy" can be termed "Minor Capital" in nature. As provided elsewhere in this policy a maximum gross cost per project is established as $10,000.00. Projects for which this policy are intended can include play structures, their additions, improvements to existing buildings, parkland or items of a similar nature. Such efforts should be directed to municipal lands or open space.

Procedure 1. A written request from a recognized community organization should be submitted to the Town in sufficient time to enable it to be given prior consideration in the ensuing years' budget and as a guide, the date of November 1, in the preceedi ng year is established.

2. A project initiated and not conforming to this policy while not excluded, is strongly discouraged. Further, prior initiation of a project while possibly meeting this policy does not guarantee the allocation of funds.

3. The written request must include the following:

(a) background information; (b) rationale for the project; (c) identification of participating community group( s); (d) identification of costs of project; and, (e) evidence that funds are/will be available. 600005.1

Page 351 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 3

SUBJECT: Project Funding Policy

SUMMARY CONT'D: 4. The Town of Whitby Parks and Recreation Department will assess the project to insure that it will con tribute to recreational opportunities for the com munity and discuss with the interested organization proposed sharing of costs. 5. Consideration of requests by the Town of Whitby Parks and Recreation Department will be limited to one request per group, thus providing opportunities for as many organizations as possible. 6. In the consideration of a proposed project, the standards and quality must be acceptable to the Town of Whitby. This will form a part of the assessment process as contained in Section 4 of the proce dures. 7. Where projects are deemed as meeting the intent of the policy, a staff report from the Parks and Rec reation Department will be submitted to Council rec ommending joint financing of the project. 8. The participating community group(s) will be provid ed with a copy of the staff report as per Town of Whitby policy on the releasing of staff reports.

9. Community groups will be updated by the Department of Parks and Recreation as situations arise that relate to the project and the process.

10. Unless otherwise determined, projects will be admin istered by the Parks and Recreation Department.

11. Through the local media, annual notification shall be provided in the interests of promoting this "Project Funding Policy".

600005.2

Page 352 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 4

SUBJECT: Project Funding Policy

SUMMARY CONT'D: Project Implementation Projects identified through this policy must provide sufficient time to permit the Town of Whitby to allocate the required funds in the next calendar year's capital budget. This "lead time" will allow for required anal ysis, ensure contributing funds can be generated and meet standard budget criteria. In addition, projects will not be initiated prior to provision of funds to the party administering the pro ject. Funding 1. A gross cost per project per group (limited to one application) will be $10,000.00 with the Town of Whitby contributing funds to a maximum of 50 per cent. In the event that "grants" from other levels of government are received for the project, the 50 percent Municipal contribution will be applied to the balance after the "grant". 2. Required Municipal funds will be budgeted in the following year's Parks and Recreation capital bud get. 3. Prior to the undertaking of the project, the contri buting funds must be provided to that party adminis tering the project. 4. A maximum of $20,000.00 of projects will be consi dered per Municipal calendar year with the Town of Whitby budgeting a net of $10,000.00 per budget year. 5. Requests under this policy will be treated on a first come, first serve basis.

600005.3

Page 353 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY

POLICY PROCEDURE

SUBJECT: Turf Maintenance: Level of Service

DATE ADOPTED OR RECEIVED BY COUNCIL: May 8, 1989

RESOLUTION NUMBER: 205-89

RECOMMENDATION FROM: Parks and Recreation Director's Report, Item 36-89.

SUMMARY: The following policy and procedures are formulated to serve as a guide to ensure: (a) That Town staff have a clear understanding on the level of maintenance to be achieved for each site location and their responsibilities to that end.

(b) To provide clear direction to staff in the planning and development of new and re-development of existing park and open space areas and the retention of natural areas. (c) That staff have guidance in terms of dealing with maintenance concerns and enquiries expressed by the general public. (d) To serve as a benchmark from which the Town can evaluate its service levels each year. The specific levels of service outlined on the following chart range from Level 1 being the most intensively used and highest level in terms of maintenance costs to Level 4 which is primarily passive and/or difficult terrain and receives only litter removal.

600007

Page 354 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 2

SUBJECT: Turf Maintenance: Level of service

SUMMARY CONT'D: FUNCTION: Mowing, trimming, fertilizing, weed control, aeration, topdressing, overseeding/sodding, thatching and raking.

ACTIVITY LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4

HIGH PROFILE MODERATE USE LIGHT USE WATER COURSE, AREAS AND FREE PLAY NATURAL HEAVILY VEG SPORTS FIELDS AREAS, URBAN AREAS ETATED AREAS BOULEVARDS RURAL AND EXTREME URBAN ROAD SLOPES AND SIDES WITH LAND CONDI DITCHES TIONS, SPECIAL AREAS

MOWING 1 - 7 days 7 - 14 days 2 - 3 times site specific per year where required

TRIMMING every cut every cut as required where necessary generally once per year

FERTILIZING 2 times per once per year not required not required year

AERATING 3 times per as required not required not required

WEED/PEST once per year once per year once per year not required CONTROL

600007.1

Page 355 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 3

SUBJECT: Turf Maintenance: Level of Service

1 SUMMARY CONT :

DETHATCHING as required as required not required not required

TOPDRESSING as required as required not required not required

OVERSEEDING as required as required not required not required

RAKING as required as required not required not required

~OLLING once per year not required not required not required

LITTER every cut or every cut or once per year once per year PICKING as required as required or as require

Within each specific site location there may be a range from active to passive use and the class levels reflect the quality of maintenance the area will receive. The operating budget of the Parks section will be based on the level of service established and shall be adjusted yearly to incorporate new property acquired through new development. It is the Department's intent to provide the best turf conditions as possible for heavily used active areas, however, at the same time minimizing maintenance costs due to naturalization of steep slopes, rough terrain and open space areas.

600007.2

Page 356 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Priority as to Who Uses Town Facilities

DATE ADOPTED OR RECEIVED BY COUNCIL: March 10, 1975

RESOLUTION NUMBER: 137-75

RECOMMENDATION FROM: Operations Committee, Recreation Director's Report

SUMMARY: It will be the direct responsibility of the Recreation Department to schedule the use of Town facilities. The programs operated by Community agencies, organizations and associations must take second priority to those pro grams operated by the Recreation Department.

610002

Page 357 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Loss or Damage of Articles at any Parks and Recreation Facility

DATE ADOPTED OR RECEIVED BY COUNCIL: February 8, 1982

RESOLUTION NUMBER: 594-82

RECOMMENDATION FROM: Parks and Recreation Director's Report

SUMMARY: That the following policy be adopted for the Parks and Recreation facilities and be posted where applicable: "The Town of Whitby is not responsible for any loss or damage of articles of clothing or personal effects."

610006

Page 358 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: The Sale and Distribution of Food and Beverages by the Public in Town Facilities

DATE ADOPTED OR RECEIVED BY COUNCIL: April 13, 1987

RESOLUTION NUMBER: 662-87

RECOMMENDATION FROM: Parks and Recreation Director's Report, Item 23-87.

SUMMARY: The sale and/or distribution of all food and beverages in Town-owned facilities will be governed by the issuing of a facility permit to control, (a) the posting of advertisements in Town facilities; (b) the type of food and beverage for sale and/or distribution; (cl the selling price of food and beverages as it relates to competitive concession products sold by the Town of Whitby; and, (d) the location of approved booths for the selling and/or distribution of food and beverages.

610012

Page 359 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Community Requests Related to Special Events held on Town Property

DATE ADOPTED OR RECEIVED BY COUNCIL: June 8, 1987

RESOLUTION HUMBER: 756-87

RECOMMENDATION FROM: Parks and Recreation Director's Report, Item 45-87

SUMMARY: In order that the Parks and Recreation Department may be in a position to respond in a cooperative and effective fashion to community groups, the Town requires policies to ensure that Municipal costs are recovered for carrying out work related to special events and that the g eneral public is not inconvenienced. Operation Policies (a) The Parks and Recreation Department shall cooperate when possible with the needs of community special event organizers for Municipal services. (b) All special event work requested by community groups, committees, etc., shall be itemized and transferred to a Municipal park permit which will indicate the cost of such work and services. The community organizers shall be required to pay for the services requested prior to the work being carried out on Town property or on any other properties where an event may be occurring. 610015

Page 360 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 2

SUBJECT: Community Request Related to Special Events held on Town Property

SUMMARY CONT'D: (c) The Parks and Recreation Department shall recover all direct operating and material costs associated with the work requests of community organizers of special events. (d) Organizers of community special events may carry out temporary and/or permanent work on Municipal property subject to the written approval of the Parks and Recreation Department by departmental permit. (e) Community parks shall maintain a basic inventory of picnic tables and garbage containers during the spring, summer and fall seasons. This policy shall come into effect January 1, 1988.

610015.1

Page 361 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Use of Town Owned Ice Skating Arenas by the Durham Boards of Education

DATE ADOPTED OR RECEIVED BY COUNCIL:

November 9, 1987

RESOLUTION NUMBER:

976-87

RECOMMENDATION FROM:

Parks and Recreation Director's Report, Item 85-87.

SUMMARY: In the spirit of co-operation related to the sharing of public facilities the Town of Whitby is reciprocating with the Boards of Education at no charge. (1) Areas of Use The space covered by the policy is to include the ice skating pads, designated washrooms and designated change areas. Other areas of the arena facilities may be used from time to time in accordance with established policies for use. (2) Exclusive Use by the Town

The Town of Whitby shall have exclusive use of the arena facilities from 4:00 p.m. to 9:00 a.m. of / the following day Monday through Friday and exclusive use of the arenas on Saturdays and Sundays.

610016

Page 362 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 2

SUBJECT: Use of Town Owned Ice Skating Arenas by the Durham Boards of Education

SUMMARY CONT'D: In addition, the Parks and Recreation Department may notify the Boards of Education of times between the hours of 8:00 a.m. and 4:00 p.m. which are required for Town of Whitby use and would result in a cancellation of ice time permitted by the Boards of Education. The Town of Whitby will guarantee at least two weeks notice of cancellation. (3) Use by the Boards of Education The Board may book the following times: from 9:00 a.m. to 4:00 p.m. Monday to Friday subject to Item No. 2 noted above during the regular school year. (4) Cost to the Board The Boards of Education will not be charged for ice time Monday through Friday provided additional custodial services are not required for large school gatherings/events in the Town of Whitby arenas. (5) Board Support Staff The Boards shall supply supervisory staff to oversee all ice programmed by the Boards of Education at Town of Whitby facilities. Board staff shall maintain a good standard of care for the facilities and the student program. /

610016.1

Page 363 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 3

SUBJECT: Use of Town Owned Ice Skating Arenas by the Durham Boards of Education

SUMMARY CONT'D: (6) Permits All programs being developed by the Boards of Education shall require a facility permit from the Parks and Recreation Department which will indicate the intended use of the ice facilities.

All programs shall be subject to the rules and regulations established by the Town of Whitby Parks and Recreation Department from time to time. The Boards of Education may only permit available, non-scheduled ice time in the Town of Whitby arenas. (7) Termination

The agreement betwe~n the Town of Whitby and the Boards of Education may be cancelled by the Town of Whitby with six months notice.

610016.2

Page 364 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY

POLICY PROCEDURE

SUBJECT: Permitting of Municipal Community Hall Facilities

DATE ADOPTED OR RECEIVED BY COUNCIL: May 8, 1989

RESOLUTION NUMBER: 205-89

RECOMMENDATION FROM: Parks and Recreation Director's Report, Item 42-89

SUMMARY: The Town of Whitby operates several community halls for the purposes of special events, weddings and meetings, etc. As a method of standardizing the level of service provided to residents and non-residents of the Town pertaining to hall permit times, the following policies will apply.

Community Hall

PERMIT - HOURS OF USE Community hall permits are valid for a maximum of eight (8) continuous hours. In a twenty-four (24) hour period, community halls are available for rentals by time periods, as follo ws: 8:30 am - 4:30 pm/6:00 p.m. - 2:00 p.m.

610017

Page 365 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 2

SUBJECT: Permitting of Municipal Community Hall Facilities

SUMMARY CONT'D: FEES AND CHARGES Permit holders will be charged the approved annual rental cost of various hall facilities in the Town which will cover eight ( 8) hours of continuous use. Rental fees are reviewed by Council annually. Permit holders who may wish to extend their eight (8) hour permit time may do so at an additional hourly fee up to a maximum of five (5) additional hours. The Town may levy a service fee of 1-1/2 times to 2 times the normal employee labour rate including benefit contributions at the time of the event for any hours requested outside of the basic eight (8) hour rental period. All fees will be discussed with the customer prior to any service fees being applied. The facility permit will be used to acknowledge the request for the additional service.

610017.1

Page 366 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Naming of Whitby Civic Centre

DATE ADOPTED OR RECEIVED BY COUNCIL: November 13, 1989

RESOLUTION NUMBER: 438-89

RECOMMENDATION FROM:

Recreation Complex-Project Committee Report, Item 2-89 SUMMARY:

1. That Council adopt the name "Whitby civic Centre" as the official name for the overall municipal site at 575 Rossland Road East; 2. That individual Municipally owned buildings located at 575 Rossland Road East, now and in the future, be labelled with the words "Whitby Civic Centre" as the first three words of any building identification; and, 3 . That the new recreation complex be signed Civie Centre Recreation Complex.

610018

Page 367 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY

POLICY PROCEDURE

SUBJECT: Outdoor Athletic Facilities (Ball Fields and Soccer Fields)

DATE ADOPTED OR RECEIVED BY COUNCIL:

December 11, 1989

RESOLUTION NUMBER:

483-89

RECOMMENDATION FROM:

Parks and Recreation Director's Report, Item 80-89.

SUMMARY: The Municipality has an obligation as the governing organization over Town-operated outdoor athletic facilities to maximize recreational opportunities for physical activities for the citizens of Whitby. To aid corporate staff in the process of distributing permits for outdoor athletic facilities, policies have been formulated. The policies will not only aid staff but will also provide the public with an opportunity to understand the Town's priority system for issuing permits to groups, organizations and individuals.

Who is Eligible for outdoor Athletic Facilities

1. Local Municipal athletic facilities are primarily for the use and enjoyment of the residents of the Town of Whitby and as such, priority in the process of issuing field permits will be granted to groups and organizations who demonstrate that their memberships consist predominantly (i.e. approximately 80%) of community residents.

610019

Page 368 of 449 Agenda Item # 6.17

POLICY PROCEDURES PAGE 2

SUBJECT: outdoor Athletic Facilities (Ball Fields and Soccer Fields)

SUMMARY CONT'D: The Municipality acknowledges the fact that there may be some historical groups and organizations with split memberships using Town facilities. Such groups with participants from within and from outside of the M i:runicipality may continue to use Town facilities at their 1989 field permit levels. However, additional permits may be granted in the future on a one-time only basis subject to availability annually. 2. In appreciation of the many varied requests for outdoor athletic facilities, the Municipality applies the following priority evaluation system in dealing with permit requests: Priority Ranking List for Issuing Athletic Field Permits (1) Historical Sanctioned Tournaments will be permitted first; (2) Historical Non-Profit/Non-Sanctioned House League Tournaments sponsored by a recognized local league will be carried out next; (3) Historical Non-Profit/Non-Sanctioned Invitational Tournaments sponsored by a recognized local league (subject to the Town's tournament policies); (4) Full Season Usage for league games; (5) Fund-raising tournaments sponsored by a recognized local league; (6) Non-profit tournaments sponsored by a local organization which is not a league; (7) Fund-raising tournaments sponsored by a local organization which is not a league; and, (8) Single game requests.

610019.1

Page 369 of 449 Agenda Item # 6.17

POLICY PROCEDURES PAGE 3

SUBJECT: outdoor Athletic Facilities (Ball Fields and Soccer Fields) SUMMARY CONT'D: Under the full season usage request category which is Number 4 on the priority ranking list the following guidelines will apply: (1) Generally, league requests receive priority over team requests. (2) Generally, competitive organized requests receive priority over recreational organized requests.

(3) Generally, full season usage requests receive priority over occasional usage requests. (4) Practice time receives the lowest priority. (5)* Subject to the availability of facilities in future years, the Municipality may, on a limited basis, permit new split membership groups. The historical factor will not apply to these groups during the review process each year. Tournament Request - Policies The subject of tournament requests is an important factor in the overall permit evaluation process give its priority level. Without consideration for the impact that tournaments have on league schedules, severe inconveniences can occur, therefore, (1) Historical tournaments will be recognized by the Municipality as of 1989; (2) Request by a single applicant for a second tournament in the same category of priority shall be considered after all first requests by other applicants in that category have been dealt with;

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Page 370 of 449 Agenda Item # 6.17

POLICY PROCEDURES PAGE 4

SUBJECT: outdoor Athletic Facilities (Ball Fields and Soccer Fields)

SUMMARY CONT'D:

(3) In the event that an original date requested is not available for a tournament, applicants who provide alternative dates for their tournament requests will be given consideration before applicants in the same category of priorities who do not provide alternative dates; (4) All applicants who do not fit a category of priorities as per the policies shall be considered after the aforementioned category of priorities; (5) Requests received after the established deadline date for tournaments will be considered on a first come first served basis subject to the availability of facilities; All of the above policies numbering (1) through (5) are subject to a continuous review by the Town of Whitby. The Town of Whitby at any time may determine the volume of tournament requests is detrimental to the overall schedules of league play, etc. If a determination is made that schedules are being overly affected, the Town may, at its pleasure, limit the number of tournaments annually.

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THE CORPORATION OF THE TOWN OF WHITBY

PQLICY PROCEDURE

SUBJECT: Parkland Development Policy

DATE ADOPTED OR RECEIVED BY COUNCIL: June 13, 1988, July 11, 1988 and June 25, 1990.

RESOLUTION NQMBER: 1309-88, 1390-88 and 740-90

RECOMMENDATION FROM: Parks and Recreation Director's Reports, Items 14-88, 39-88 and 28-90

SUMMARY:

The Town of Whitby will require that corporations entering into subdivision agreements with the Town be required to provide parks to the Town based upon the approved Parkland Development Policy.

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Page 372 of 449 Agenda Item # 6.17

PARKLAND DEVELOPMENT REQUIREMENTS INDEX POLICY AND PROCEDURE INTRODUCTION/PREAMBLE

II SECTION 1 •••••• L 0 c A L PARKS 11

1.1 GENERAL DISCUSSION 1.1.1 Official Plan Reference 1.1.2 Definition 1.1.3 Special Situations

1.2 TOWN OF WHITBY RESPONSIBILITIES 1.2.1 Review and Approval Process 1. 2. 2 Development standards 1. 2. 3 Assumption of Parkland

1. 3 DEVELOPER'S RESPONSIBILITIES 1. 3 .1 Plan Preparation Submission and Approval 1. 3. 2 Development Standards 1. 3. 3 Maintenance Standards 1.3.4 Construction Standards 1.3.5 Timing

II SECTION 2••••••D I s T R I c T PARKS II

2.1 GENERAL DISCUSSION 2.1.1 Official Plan Reference 2.1.2 Definition 2.1.3 Special Situations

2.2 TOWN OF WHITBY RESPONSIBILITIES 2.2.1 Review and Approval Process 2.2.2 Development Standards 2.2.3 Assumption of Parkland

2.3 DEVELOPER'S RESPONSIBILITIES 2.3.1 Plan Preparation Submission and Approval 2.3.2 Development Standards 2.3.3 Maintenance Standards 2.3.4 Construction Standards 2.3.5 Timing

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Page 373 of 449 Agenda Item # 6.17

Ii SECTION 3••••••T 0 w N PARKS 11

3.1 GENERAL DISCUSSION 3.1.1 Official Plan Reference 3 .1.2 Definition 3 .1. 3 Special Situations

3.2 TOWN OF WHITBY RESPONSIBILITIES 3.2.1 Review and Approval Process 3.2.2 Development Standards 3.2.3 Assumption of Parkland 3.3 DEVELOPER'S RESPONSIBILITIES 3.3.1 Plan Preparation Submission and Approval 3.3.2 Development Standards 3.3.3 Maintenance Standards 3.3.4 Construction Standards 3.3.5 Timing

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Page 374 of 449 Agenda Item # 6.17

PARKLAND DEVELOPMEH'I' POLICY

I H T R 0 D U C T I 0 H

This policy has been prepared to formalize parkland development requirements in the Town of Whitby. Addressing the various types of parkland is undertaken to maintain conformity with the Town of Whitby's Official Plan. In addition, components for the varia tions in parkland are set out. Further, requirements on the part of the Town and the Developer are laid out to ensure that park land is developed to a satisfactory standard. The attached data has also been fashioned to reflect the essen tial role that parkland provides to the residents of Whitby and that this service must meet certain Municipal standards. The provision of parkland as provided in the accompanying require ments will ensure that parkland will continue to contribute to our community and our residents for all forms of enjoyment, and the enhancement of the quality of life.

PREAMBLE

It is the intention of the Parkland Development Policy to provide parkland at the rate prescribed in the Town of Whitby Official Plan. Through the policy, reference is made to minimum size require ments for parkland. In the event that the minimum size require ments are beyond the scope of the dedication required by the Developer, the Planning Act provisions for parkland dedication wil"l apply. In the attached requirements, reference is made to the FACILITIES which are to be considered for each park type. It should be noted that these lists are flexible in that parkland components will change and vary from one park to another. When the Town undertakes total development responsibilities for a park, these guidelines shall serve as a framework for that devel opment as well.

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Page 375 of 449 Agenda Item # 6.17

4 I S E C T I 0 N 1 L 0 CAL PARKS

GENERAL DISCUSSION

1.1.1 Official Plan Reference

Land for LOCAL PARKS shall be provided for at 1 hectare per 1,250 population and each such Local Park shall not normally be less than 1.2 hectares (3 acres) in size.

1.1.2 Definition For the purpose of the Parkland Development Policy the following definition is furnished to further clarify and expand upon the definition provided by the Official Plan.

LOCAL PARK

SIZE:

o minimum size 1.2 hectares (3 acres) o optimum size 2. o hectares (5 acres) (See Section 1.1.3.2 Special situations) LOCATION: o minimum 60 meter continuous road frontage o adjacent to a Local Collector road o adjacent to an elementary school site wherever practicable o adjacent to other Open Space systems wherever practicable

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Page 376 of 449 Agenda Item # 6.17

5 FACILITIES: May include, but not necessarily limited to the follow _ing: o standard size sports fields including soccer pitches, baseball/T-ball fields, softball or slo pitch, including all appropriate furnishings such as backstops, benches and bleachers o play apparatus including junior and senior play elements o hard surface play areas and components (multi purpose courts) o parking on parkland or by the utilization of adjacent facilities as necessary o sitting areas and park furnishing o park signage o pathways o passive and free play areas o lighting (see Parks and Recreation Directors Report # 66-89)

LANDSCAPING WORKS: o tree and shrub plantings as contained on approved landscape drawings o landforms and drainage patterns as approved by the Town o horticultural areas and displays SERVICES: o sub-surface storm sewer system as approved by the Town o water supply, valve chamber to 1 meter inside pro perty line and one turf valve

1.1.3 Special Situations 1. Parkland dedication which has been identified as a LOCAL PARK but does not meet the minimum size requirements as identified in the preceding defin ition will be considered on an individual basis, the merits of which will be determined by the Town. Reports will be submitted to Council of the Town of Whitby regarding such circumstances as they arise, or on any other areas that may require alternative consideration to this policy.

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Page 377 of 449 Agenda Item # 6.17

6 2. Based on facility requirements the optimal size of a local park is between 3 to 5 acres. If this acreage is not attainable through dedication of land by an individual development, the Town will pursue the consolidation of land by combining dedications to assemble a park of suitable size. (Note: This reference is specific to land dedica tions only and does not commit the Town of Whitby to acquisition of parkland.) 3. In the event that development of the whole or por tion of the park is not feasible to be completed in concert with that subdivision, the Developer will proceed with the preparation of the Master Development Plan for the entire Park (from which costing will be determined), and the Town will collect the money from the Developer for the pro portionate cost of the park development to be held as security until such development is possible in conjunction with future subdivisions.

1.2 TOWN OF WHITBY RESPONSIBILITIES

Town's responsibilities as they relate to LOCAL PARKS shall be concentrated in the following areas:

1.2.1 Review and Approval Process

0 Establish "Design Program" determining minimal facility requirements for each park location.

0 Provide development "Standards" to which these facilities and amenities are to be constructed.

0 Provide review of and approval of conceptual Master Plans and detailed construction drawings.

0 Co-ordinate with senior levels of Government and other Agencies as necessary to streamline the parkland development process; i.e. Ontario Hydro, CLOCA, Schools Boards, Province, etc.

1.2.2 Assumption of Parkland

0 The Town of Whitby will assume the ongoing main tenance of the park after the expiration of the Developer's maintenance period and after issuance of the Certificate of Acceptance.

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Page 378 of 449 Agenda Item # 6.17

1.3 DEVELOPER'S RESPONSIBILITIES --Developer's responsibilities as they relate to LOCAL PARKS shall be concentrated in the following areas:

1.3.1 Plan Preparation, Submission and Approval o Provide a survey plan of the dedicated property, vegetation and topographic information in accor dance with the Parks and Recreation Department's "Guideline Specifications for Survey Plan Prepara tion". o Prepare a conceptual park development plan in accordance with the Parks and Recreation Depart ment's "Guideline Specification for Park Concept Plan Preparation, Submission and Approval". o Prepare landscape plans and construction drawings detailing the park development proposal. o Retain the professional services of a qualified Landscape Architect in preparation of all of the above, and to receive approvals from the Town of Whitby at appropriate stages of the development review process. o Provide to the Town of Whitby, Parks and Recrea tion Department, one set of mylars of the "As Built" Construction Drawings for the park develop ment and all subdivision landscape works.

1.3.2 Development Standards Provide for all phases of park development and con struction to include, but not necessarily be limited to the following minimal requirements: o Obtain all necessary permits, licenses and author izations in accordance with good construction practice.

0 All earthworks including clearing and grubbing, removal of rubble, rough grading, topsoil to a depth of 150 mm, and fine grading.

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Page 379 of 449 Agenda Item # 6.17

8 o Construction of all surface drainage and sub-sur f ace sewer systems complete with catch basins and man-holes, easements (if necessary) and connec tion to subdivision sewer system. Drainage requirements for the parkland must be determined sufficiently early in the subdivision development review process to eliminate the use of culverts. o Sodding of entire site affected by grading opera tions and construction process. o Provision and installation of all sportsfield amenities such as backstops, goal posts, players benches, bleachers and homerun fence as necessary. o Provision and installation of playground apparatus to include: concrete curbed sand enclosure areas subsurface drainage tot lot play equipment senior play equipment sitting areas and site furniture o Provision and installation of park furnishings and required amenities to include: benches and waste receptacles bicycle racks picnic tables o Hard surface (multi-purpose) play court and com ponents to include: asphalt or concrete paving line painting court equipment

0 Provision and installation of tree and shrub plantings as well as protection of existing vege tation that is to remain. o Construction of parking areas, if required, to include: poured-in-place concrete curbing sub-surface drainage system asphalt paving and pavement markings o Asphalt pathways or other appropriate surfaces as site conditions dictate with proper connections to Municipal sidewalks and/or roadways.

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Page 380 of 449 Agenda Item # 6.17

9 o Provision of water supply, valve chamber to a location one (1) meter inside park property line, and one turf valve in close proximity. o Provision of park signage as necessary. o Provision of 1.2 m. (4 ft.) high black vinyl coated chainlink fence on all residential/park property lines unless otherwise stipulated in Sub division Agreement.

1.3.3 Maintenance standards The Developer shall maintain and guarantee all material and contracted workmanship for a period of one (1) year from the date of the Certificate of Completion unless otherwise stipulated. Dedicated parkland or Open Space will NOT be used for storage of construction materials or stockpile pur poses.

1.3.4 Construction Standards Construction of parkland services and facilities will be carried out to the minimal requirements specified in the "Design Standards" with the specification listed in Appendix 1.

1.3.5 Timing Unless otherwise stipulated in the Subdivision Agree ment, construction of parkland will commence no later than the following occurring: o Building permits being issued for lots abutting the dedicated parkland. o 35% of the building permits being issued for the entire subdivision. Property line fence described in Section 1.3.2 must be in place prior to occupancy of homes on adjacent resi dential lots. A work schedule must be submitted which will provide sufficient information to document completion of the park's construction in an orderly and continuous fashion.

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Page 381 of 449 Agenda Item # 6.17

10 is E C T I 0 N D I S T R I C T PARKS I

GENERAL DISCUSSION

2.1.1 Official Plan Reference Land for DISTRICT PARKS shall be provided for at 1 hec tare per 1,250 population and each such DISTRICT Park shall not normally be less than 4.0 hectares (10 acres) in size.

2.1.2 Definition For the purpose of the Parkland Development Policy the following definition is furnished to further clarify and expand upon the definition provided by the Official Plan.

DISTRICT PARK

SIZE: o minimum size 4 hectares (10 acres) or larger LOCATION:

o minimum 100 meter continuous road frontage o adjacent to a Collector or Minor Arterial Road o adjacent to an elementary or secondary school site o adjacent to other Open Space systems FACILITIES: May include, but not necessarily limited to the follow ing: o any combination of major athletic facilities of standard size sports fields including soccer pitches, baseball/T-ball fields, softball or slo pitch, rugger, rugby, field lacrosse. o other major facilities such as lacrosse box, tennis courts, bowling green or other.

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Page 382 of 449 Agenda Item # 6.17

11 o play apparatus including junior and senior play elements o water spray pad or other water play feature o hard surface play areas and components (multi-pur pose courts) o washroom facilities and servicing o parking on site or adjoining a school site o sitting areas and park furnishing o park signage o pathways o passive and free play areas o gazebos, picnic shelters or other seasonal struc tures o tennis courts o floodlighting of major facilities o walkway lighting as per Director's Report #66-89 LANDSCAPING WORKS: o tree and shrub plantings as contained on approved landscape drawings o landforms and drainage patterns as approved by the Town o horticultural areas and displays

SERVICES: o sub-surface storm sewer system as approved by the Town o water supply, to property line on all road fron tages, valve chamber and irrigation o sanitary sewers to property line or into site as required

2.1.3 Special Situations 1. Parkland dedication which has been identified as a DISTRICT PARK but does not meet the minimum size requirements as identified in the preceding defin ition will be considered on an individual basis, the merits of which will be determined by the Town. Reports will be submitted to Council of the Town of Whitby regarding such circumstances as they arise, or on any other areas that may require alternative consideration to this policy. 2. Based on facility requirements the optimal size of a district park is a minimum of 10 acres. If this acreage is not attainable through dedication of land by an individual development, the Town will

620005.11

Page 383 of 449 Agenda Item # 6.17

12 pursue the consolidation of land by combining dedications to assemble a park of suitable size. (Note: This reference is specific to land dedica tions only and does not commit the Town of Whitby to acquisition of parkland.) 3. In the event that development of the whole or por tion of the park is not feasible to be developed in concert with the subdivision, the Developer will proceed with the preparation of the Master Development Plan for the entire park (from which costing will be determined). The Town will collect the money from the Developer for the pro portionate cost of the park development to be held as security until such development is possible in conjunction with future subdivisions.

2.2 TOWN OF WHITBY RESPONSIBILITIES

Town's responsibilities as they relate to DISTRICT PARKS shall be concentrated in the following areas:

2.2.1 Review and Approval Process o Establish "Design Program" determining minimal facility requirements for each park location. o Provide development "Standards" .to which these facilities and amenities are to be constructed. o Provide review of and approval of conceptual Master Plans and detailed construction drawings. o Co-ordinate with senior levels of Government and other Agencies as necessary to streamline the parkland development process; i.e. Ontario Hydro, CLOCA, Schools Boards, Province, etc.

2.2.2 Development standards o All facilities/amenities above and beyond those listed and described in 2. 3. 2 shall be provided for by the Town either during the initial stages of construction or at a future time.

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Page 384 of 449 Agenda Item # 6.17

2.2.3 Assumption of Parkland o The Town of Whitby will assume the ongoing main tenance of the park after the expiration of the Developer's maintenance period and after issuance of the Certificate of Acceptance.

2.3 DEVELOPER'S RESPQNSIBILITIES

Developer's responsibilities as they relate to DISTRICT PARKS shall be concentrated in the following areas:

2.3.1 Plan Preparation, Submission and Approval o Provide a survey plan of the dedicated property, vegetation and topographic information in accor dance with the Parks and Recreation Department's "Guideline Specifications for survey Plan Prepara tion". o Prepare a conceptual park development plan in accordance with the Parks and Recreation Depart ment• s "Guideline Specification for Park Concept Plan Preparation, Submission and Approval". The Concept Plan should show all facilities being pro posed in their entirety, whether to be provided by the Developer or by the Town. o Prepare landscape plans and construction drawings detailing the park development proposal.

o Retain the professional services of a qualified Landscape Architect in preparation of all of the above, and to receive approvals from the Town of Whitby at appropriate stages of the development review process.

o Provide to the Town of Whitby, Parks and Recrea tion Department, one set of mylars of the "As Built" Construction Drawings for the park develop ment and all subdivision landscaping works.

2.3.2 Development Standards

Provide for all phases of park development and con struction to include, but not necessarily be limited to the following minimal requirements:

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Page 385 of 449 Agenda Item # 6.17

14 o Obtain all necessary permits, licenses and author izations in accordance with good construction practice.

0 All earthworks including clearing and grubbing, removal of rubble, rough grading, topsoil to a depth of 150 mm, and fine grading. o Construction of all surface drainage and sub-sur face sewer systems complete with cat.ch basins and man-holes, easements (if necessary) and connec tion to subdivision sewer system. Drainage requirements for the parkland must be determined sufficiently early in the subdivision development review process to eliminate the use of culverts. o Sodding of entire site affected by grading opera tions and construction process. o Provision and installation of two athletic facili ties complete with all related amenities and fur nishings. o Provision and installation of playground apparatus to include: concrete curbed sand enclosure areas subsurface drainage tot lot play equipment intermediate/senior play equipment sitting areas and site furniture o Provision and installation of park furnishings and required amenities to include: benches and waste receptacles bicycle racks picnic tables o Hard surface (multi-purpose) play court and com ponents to include: asphalt or concrete paving line painting • court equipment

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Page 386 of 449 Agenda Item # 6.17

15 o Provision of a water spray pad or similar water play feature to include: water supply with timer or shut-off capabili ties non-slip play surface related seating areas drainage to sanitary sewer (no standing water permitted) pavement marking as necessary o Provision and installation of tree and shrub plantings as well as protection of existing vege tation that is to remain. o Construction of parking areas, if required, to include: poured-in-place concrete curbing sub-surface drainage system asphalt paving and pavement markings o Asphalt pathways or other appropriate surfaces as site conditions dictate with proper connections to Municipal sidewalks and/or roadways. o Walkway lighting in accordance with the Town 1 s Lighting Policy No. 66-89. o Provision of water supply and valve chamber to a location one (1) meter inside park property line, as well as turf value components for irrigation system. o Provision of sanitary sewer stub to park property line with ground surface location marker unless facilities being developed require extension of sewer into the park. o Provision of park signage within a shrub bed/ floral display area. o Provision of 1.2 m. (4 ft.) high black vinyl coated chainlink fence on all residential/park property lines unless otherwise stipulated in Sub division Agreement.

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Page 387 of 449 Agenda Item # 6.17

16 2.3.3 Maintenance standards The Developer shall maintain and guarantee all material and contracted workmanship for a period of one (1) year -from the date of the Certificate of Completion unless otherwise stipulated. Dedicated Parkland or Open Space will NOT be used for storage of construction materials or stockpile pur poses.

2.3.4 Construction Standards Construction of parkland services and facilities will be carried out to the minimal requirements specified in the "Design Standards" with the specification listed in Appendix 1. 2.3.5 Timinq Unless otherwise stipulated in the Subdivision Agree ment, construction of parkland will commence no later than the followinq occurrinq: o Building permits beinq issued for lots abutting the dedicated parkland. o 35% of the building permits being issued for the entire subdivision. Property line fence described in Section 1.3.2 must be in place prior to occupancy of homes on adjacent resi dential lots. A work schedule must be submitted which will provide sufficient information to document completion of the park's construction in an orderly and continuous fashion.

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Page 388 of 449 Agenda Item # 6.17

17 I S E C T I 0 N 3 TOWN PARKS I

GENERAL DISCUSSION

3.1.1 Official Plan Reference Land for TOWN PARKS shall be provided for at • 5 hec tares per 1, 250 population at appropriate locations throughout the Town.

3.1.2 Definition For the purpose of the Parkland Development Policy the following definition is furnished to further clarify and expand upon the definition provided by the Official Plan.

TOWN PARK

SIZE: o Variable - to be determined on site specific basis LOCATION: o Criteria for Local and/or District Parks will apply. DESCRIPTION: A Town park will possess unique characteristics or spe cial significance to the Town of Whitby, described by, but not necessarily limited to the following criteria: o unique features o special purpose or intent o historical significance o waterfront location o theme or special characteristics o commemorative facility o natural or geographic significance o other

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Page 389 of 449 Agenda Item # 6.17

18 FACILITIES: Any facilities disturbed in a Local and District park may also apply to a Town Park as may be required as -well as other facilities and special features that would be considered appropriate in the uniqueness of the park. Facility requirements and development standards will be determined on a site specific basis at the time of Master Plan preparation.

TOWN OF WHITBY AND DEVELOPER'S RESPONSIBILITIES

Basic responsibility of each party will follow the same requirements as described in 1.2, 2.2, 1.3 and 2.3 of Local and District Park Sections. Specifics as to development responsibilities and cost of such development will be determined on a site speci fic basis involving both the Town of Whitby and the Developer.

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Page 390 of 449 Agenda Item # 6.17

landscape design standards

TOWN OF WHITBY parks and recreation

N 0 T E : THESE STANDARDS WILL BE REVISED ON A REGULAR BASIS TO ENSURE THAT ALL CONSTRUCTION STANDARDS CONTAINED HEREIN REFLECT MUNICIPAL REQUIREMENTS.

6200Q5.19

Page 391 of 449 Agenda Item # 6.17

I I I IN"ILO SUl.,ACE I I '...... l·O ~ ::;w$~t+!!r~·· 7'·5 I 20 o 1______.... ::!.J RESIDENCES and FACILITIES

NOTES INPllLO ANO WAltNINCI T"ACIC su"'ACIS ARI 'HAZILMAI' GltANUl.Alt MATl"IAL ·. IACICSTO,,,INCl,llNCHIS 1Y """"'

TOWN OF WHITBY Scale 1·1so 19 8 7

620005.20

Page 392 of 449 Agenda Item # 6.17

NQTES IN,.ELD AND WARNING TRACI< SURFACES ARE 'HAZELMAG' GRANULAR MATERIAL UCl

TOWN OF WHITBY Seate 1;1000 PARKS AND RECREATION Date seor 1987 · · ~~~~~~~~~~~...... o~r~aw~""--~r~r-r~-;i BASEBALL FIELD Drawing NQ A. 2

620005.21

Page 393 of 449 Agenda Item # 6.17

I r-----,.------;-1'"30 I I I I I I I 1 I /(s.o I I I

I I ~ I I I - I I ., .. ... I I I I I , I I FIELD APRON-SOD - I TO THIS LINE I I I I I ' \ I I I I I I I I ' I I I I I I I I I - I I I I I I I I I I I I I I L------~~ 10·0 Ill------RESIDENCES and FACILITIES

FIELQ Sl~f; SENIOR/ MAJOR 601100 JUNIORI MINOR Minimum 401 70

Scale 1750 . TOWN OF WHITBY ' Date Sept 1987 .. ' PARKS AND RECREATION Drawn TTT SOCCER PITCH LAYOUT Drawing NQ A·3

620005.22

Page 394 of 449 Agenda Item # 6.17

SOFTBALL· BASEBALL

~ l"'I ~ MARGINALLY SECOND BEST ACCEPTABLE NW NE w E SW BEST ORIENTATION THIS QUADRANT .. IS UNACCEPTABLE s

. SOCCER · COURT GAMES

DIRECTION 01' PLAY TO ALIGN WITH THE NORTH·EAST-SOUTH·WEST AXIS ..

TOWN OF WHITBY Scale NTS Date 5""11997 PARKS AND RECREATION Drawn TTT , ® PLAYFIELO ORIENTATION Drawing NQ A· 4

620005.23

Page 395 of 449 Agenda Item # 6.17

I I ALTERNATIVE A NOTE SLOPES NOT TO EXCEED 1·50 %

ALTERNATIVE 8

TOWN OF WHITBY Seate NTS Date Sepr 1ss1 : PARKS AND RECREATION Drawn TTT •../ 1--8-A_L_L_F_IE_L_O_O_R_A_IN_A_G_E----t-=Ora=w=ing_...;.NSl~A-·5-t1

620005.24

Page 396 of 449 Agenda Item # 6.17

I I I

I ALTERNATIVE A

NOTES SLOPES ON PLAYING SURFACE AND FIELD APRON NOT TO t:XCEED l·SO %

( t - )

ALTERNATIVE B ·.

TOWN OF WHITBY Scale ,, 1000 Date seer 1987 PARKS AND RECREATION D T (j). 1---~~~~~~~~~~+='~a~w~n___;T~T...;._--tl SOCCER PITCH DRAINAGE Drawing NQ A 6

620005.25

Page 397 of 449 Agenda Item # 6.17

GRAOt;;G WORK I I - GRADING WORK WITHIN THE PARKS SHALL CON,ORN TO THE ! OVERALL GRADING PLAN FOR THE SUBDIVISION l - MAXINUll SLOPES ALLOWED WITHIN THI PARKS IS 4:1 I TOPSOIL. - TOPSOIL llUST Bl APPLIED TO A llINillUll DEPTH OF 100 MN I - TOPSOIL llUST Bl WORKED IN ORY WEATHER CONDITIONS

- SOO llUST Bl CERTl,IEO NO. 1 NURSERY GROWN,KENTUCKY BLUEGRASS

- ARIAS TO II SHOEO WILL II OESIGNATEO EITHER "PARKLAND" OR "LOW llAINTENANCl".llIX COllPOSITIONS ANO RATES OF APPLICATION 'OLLOW: PARKLAND llIX LOW llAINTENANCI MIX • 351 TOUCHDOWN KENTUCKY • 101 WHITE CLOVER BLUEGRASS • 151 PERENNIAL RYEGRASS • 151 IA~,, KINT. ILUIGRASS • 251 TALL 'ESCUI - 151 RAlll KINT. ILUIGRASS • 151 CREEPING RID 'ESCUE • 25X JAlllSTOWN CHEWlNGS FUCUI • 101 AGRAll CHEWlNGS FESCUE

- 101 PIRl~NlAL RYEGRASS • 151 Tl llOTHY • 101 OORlllP. KENT. BLUEGRASS RATI 150 Kl/HICTARI RATI 175 KG/HICTARE FUTIL!ZIR • 'ERTlLlZIR RllUlRllllNTS '0R ISTAILISHlllNT O' SOO ANO SEID ARI AS 'OLLOWS: 5:20:10 COllNIRClAL 'IRTlLlZIR SPRIAD AT A RATE 0, 150 Kl .PU 100011 2.

TOWN OF WHITBY Scale NTS Date Sepr 199? (i). 1--P..;..A_A_K_S_A_N_D_A_E_C_A_E_A_T_ION_---l~D::.:r""aw=n;.:.__T.:...T.._...-::---tl GRADING WORK, SOD, SEED Drawing NQ B· I

620005.26

Page 398 of 449 Agenda Item # 6.17

2000

HL3A ASPHALT SURFACE 50- COMMCTID DIPTH HAND TAMPllt IDGU TO 45• ---- CRUSHER RUN BASE lltmml ISO- COMMCTID DIPTH ------COMPACTED SUB·BASE

------ TOPSOIL AND SOD

TOWN OF WHITBY Scale ,,,o Date sept 1987 · PARKS AND RECREATION D ·" ~------1~ra_,w=n__TT.;...T_--11 ® ASPHALT PATH Drawing NQ C·I

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Page 399 of 449 Agenda Item # 6.17

3·0 5·0min·

DRIVEWAY TO BE ASPHALT. PAVING TO TH£ PROPERTY LINE l• 6·0 SIDEWALK TO BE 175 mm THICK AT ORIVEWAY

lllD 1·0 CATCH BASIN

• PARKING LOT LAYOUT 1·200 I 5 RjF!R TO PU!.!C WORKS 175 Sj!i;f(E !CATIO~· CATCH U51N · 0"'50·705·02 TYPE A GRATE· OPSD·400·01 . ,. :·. PIPE· 250mm CONCRETE·C 14·ES 200 •DOING· OPSD·B02·03· CL.ASS B·I r---- POURt:D IN PLACE CONCRETE CURB 25 MPo.•·0% Allt, eomm SLUMP • CONTRACTION JOINTS 4·0 M O·C· .l.;:::eLJ.:.·,::•·...&...=:J&,~!!1'"----150 mm GRANULAR 'A' (PROCTOR 981 ,.,...___ 200mm GRANULAR'B' (PROCTOR 98)

DETAIL 1°10

620005:;:2.8

Page 400 of 449 Agenda Item # 6.17

-----150xl50 PRESSURE TREATED PINE TIMBER NAIL AT 500 SPACING WITH GALVANIZED 250mm NAILS

I . 25 '""' BATTER P""-~L,I ....,~!----- 15mm DIA· ROD- 1000 LG·

--- MINIMUM 50111111 BELOW "1'1NISHEO GRADE

GRANULAR LEVELLING COURSI AS REQUIRED ON COMNCTID SUl·GRAOI

NgTE$ THIS WALL CAN BE BUILT MAXIMUM 2 TIMBERS HIGH WITHOUT 'DEADMAN' BRACING CONSULTANT TO SUBMIT DETAILS OF WALLS HIGHER THAN 500 mm

. TOWN OF WHITBY Scale ,,5 (i) l------~D~a~t~•:.:.:....-.:...s.;....;....1_9e_1-1PARKS AND RECREATION Drawn TTT 1 Tl MBER CURB DETAIL Drawing NQ E I

620005.29

Page 401 of 449 Agenda Item # 6.17

I I I TREE PRESERVATION THE CONCEPT PLAN CONTAINED WITHIN THE FIRST SUB,.ISSION I ~UST SHOW ADHERENCE TO THE AECO""ENDATIONS IN AN I ARBORIST REPORT. VEAIFIAIL! EVIDENCE "UST BE SUB,.ITTED I THAT SUPPORTS TH! AE,.OVAL OF ANY TREES CONSIDERED TO I' HAVE A HIGH SURVIVABILITY RATING. THE ARBORIST REPORT SHALL BE A CO"PONENT OF THI FIRST SUB"ISSION AND ' l1ICLUDE: '! I , I . GEHERAL SITE DESCRIPTION . PRESEllT LAllD use . SOILS DESCRIPTION . DAAINAGI AND TOPOGRAPHY THE INTENTION OF THIS DOCU"INT IS TO LOCATI AND RICORD ALL TRIES WORTHY OF PllSEIVAT!ON WITHIN THI DIVILOP"ENT. TH! FOLLOWING INFOl,.AT!ON "UST II INCLUDED: SPIC!IS AND S!ZI O' ALL TRllS PR!SINT CONDITION WITHIN A RATING SYSTI" PIOIAILI SUIVlVAllLlTY IAT!NI O' HIGH, "ID!U"• LOW IASID ON SlTI CONDlTlONS, SITI "OD!FICAT!ON !FFICTS, All ANO CUlllNT V!GOUI LIST 0' TlllS llCO""INDID '01 PllSllVATION PLAN SHOWINI TNI LOCATION OF ALL TlllS GRIATER THAN 1uQ "" DlA,.ITEA LARGI STAtlOS OF TIHS NllD NOT II INDIVIDUALLY CATALOGUID. THI OUTll LI,.lTS OF THISI STANDS "UST BE PLOTTED AND RICO""INDATlONS FOi SURVIVAllL!TY "AO! FOR THI !NTlRI STAND.

TOWN OF WHITBY Scale NTS (j)... ·------+~D~a:t•::.:.:--~S~ep~1-1s_s_7-il,. PARKS AND RECREATION Drawn TTT TREE PRESERVATION Drawing Ng F· I

620005.30

Page 402 of 449 Agenda Item # 6.17

BASKETBALL HALFCOURT j

- ~QTES 5 8 . REFER TO ASPHALT WALKWAY DRAWING FOR ASPHALT SPEC'S· 3·6R BASKETBALL BOARD, HOOP ANO 0 POST TO BE HEAVY OUTY 2 ~ ( PARIS PLAYGROUND NO' 485CBA )~ 50mm PAINTto LINES l·OR I 0 "le CROSS SLOPE

...... I 12·!5 I

CREATIVE PLAYSTRUCTURES and SWINGS THI IQUIP"INT 0, ALL RIPUTAILI MANU,ACTURIRS IS ACCIPTAILI TO THI PARKS AND RICRIATION DIPARTMINT. CRIATIVI PLAT STRUCTURIS MUST II SITED WITHIN CURllD ARIAS HAVINI A SAND IASI 0' 300 MN DEPTH. ALL NANU,ACTURIRS SA,ITT DIV1CIS MUST II INSTALLED AND ALL SITIACK RIQUIRININTS 'OLLOWID. EMPHASIS MUST 11 PLACID ON PROVIDING THIS TYPE OF HUIPNINT 'OR THI "PU-SCHOOL" AGI CHILDHN CTOT LOT CO"PONINTSl. CONVINTIONAL SWING SITS MUST II PLACID WITHIN RISILIINT SUR,ACI ARIAS AND MUST CONPLIMINT THI DESIGN 0, THI PARK AND OTHIR PLAT STRUCTURES.

-··-----· . ... TOWN OF WHITBY Seate NTS Date Sept 1987 PARKS AND RECREATION ti) Drawn TTT PLAYGROUND AREAS Drawing NQ G· I

620005.31

Page 403 of 449 Agenda Item # 6.17

, 400

! l. '

COMl'ACTIO SUl•IASI

150 COM~ACTIO CltUSHllt ltUN

50 ASPHALT IHLIAJ -----

300 lltlCICSANO ------+

NOTE

PROVIDE. DRAINAGE TO CATCH BASI~ WITH 100 DIA· PERFORATED FLEX· PIPE

TOWN OF WHITBY Scale 1·10 1987 ; ______PARKS AND RECREATION oOife..r_a_w""n"--_T.._TT_--; Sept (i) 1 ASPHALT APRON Drawing N2 G·2

620005.32

Page 404 of 449 Agenda Item # 6.17

THE FOLLOWING FURNITURE ITE"S ARE TO SE SUPPLIED SY THE MANUFACTURER NA"ED: PARK BENCH - W,H, REYNOLDS "ODEL NU"9ER 6Z4005 PICNIC TABLE • PARIS PLAYGROUND LTD. MODEL NU~IER P5HD LITTER RECEPTACLES • KNECHT & 9ERCHTOLD LTD. MODEL NU"IU TR1 SAND BLASTED CONCRITE FINISH WITH RE"OVASLE WIRE BASKET, BICYCLE RACIC • PARIS PLAYGROUND LTD, MODEL NUl!llR R-6 FENCE TYP! INSTALi.ED PER"ANENTLY IN CONCRITI FOOTINGS, BIKE RACICS ARI TO 11 INSTALLED IN ASPMALT ARIAS•

TOWN OF WHITBY Seate NTS 19 87 ~ t--P_'A_R_K_S_A_N_D_·_R~E_C_R_E_A_:r_tON__ .,_:g:;~....t...:""'"-;'-'~-'OIT_ __-fl w SITE FURNITURE Drawing NQ H·I

t>20005.33

Page 405 of 449 Agenda Item # 6.17

GENl•A1. ~orn 1.!NGTW "' JIOSTS !NO, C:0....111 I 9T'JIAINING llOS,. 2 91tt '0" , em MIGW fl'l!NCIS t.1 NI llOSTS e l 64 '°" I I• NtCitt 'DICZI z. •AST!Nt:~ ' , 1 W G. G'1..VANtZ!O ST'!IL a.I ALUMINUM #N, I AT 450l'Rllt C.C. 5. Al.I. 00STS AllD - •All. TO • llAl.VANlllD o• ''NISH A-OVID IY •. AU. MAT'lllltM.S TO • IT'MOMOIN• .AITM II, !Ofllll.U 40 I

O"' GATI !·Olft llltACI llANll.. -- "----1Oll!NINO -----+----

10"'"' OD 1..iNI POST'

' ...... !Qmr ao gate eo•r e~ ~ GAT'! llO';T' t.tUST ~- ff29,... !..ONG tt !CHl:l..1.! •O ••!Ill 1 l :lA1..va~1zro 0-,I'' ' ' ''' ' ~ ,.... ' ' !-+' ' ' ' 'I' ' H '' .u' ' ' 371 At.I. CONC..T'I 14 .... Olt .,.,..~

_.J-¥ 300

TOWN OF WHITBY Scale NTS Date Sept 1987 PARKS ANO RECREATION Drawn TTT FENCING Drawing N2 I ·I

Page 406 of 449 Agenda Item # 6.17

1.i.---~'l----l'llll--S'T111WOTll --- "' ...... "'

----·"I fl 9114. ___------..._ ...... ,. ?a •• ~--l.J.<'-+;_ ....llUCI,..___ ,..' --__ _l\..llTJC_ WY__ W1C1 ,.IUllTI_ OJI COM llCTD .,.,.... ¥' 1•r ,.,..__ wm · n1 - .. llTTUlllllT. ,,-.,.,TO __CDllMC'I' _,,_MCX,.l..LID SOL

·.

TOWN OF WHITBY Scale NTS Date s 1sa1 PARKS ANO RECREATION D TT (j)· ~~~~~~~~~~~~~-+-=-ra~w=..;.n~~T-'-~--!J TREE PLANTING DETAIL Drawing NS1 J ·I

620005.35

Page 407 of 449 Agenda Item # 6.17

,,,----,._ cur M- Cl-• •NCI ...,...... _. ., ,._ ""'-' " ~ IY I ANOIC&lll UOl'TS:T ntll ll.llT IC iXNll AND "Ul.1. #f'T'N CClllPl..&TI MMCM QI~...,-; YIGQlll0.9 irQ.IAQI .UC A "OttM '#ICM It SA~ TQ TIC L.AHOSCA.1111 .....ITICT.

e.D'9TllUCT' IOOttw TW'IOI&,. S.&UCO AT •...... ~ 'llOCll UQ4CNlt ••TN"°"'"llllUL.Ql t Ill.,..,,,..-- ...... __-----~ ...... ,_. ~ ftl -- ICTTl.1-T ...... ~......

-·""-CUMI'll.I. - ., na ,.., .....•mo ID ----en.-y- _,. -LIO SOM. nl

TOWN OF WHITBY Scale NTS 198 7 .: 1--P_'A_R_K_S_A_N_D_R_E_C_R_E_A_T_ION__+""g'°'~:.:::!~!~n-~.;....~-~-;_ _ _, (j) 1 CONIFER PLANTING DETAIL Drawing Ng J · 2

620005.36

Page 408 of 449 Agenda Item # 6.17

IAltl "°'71'

, TOWN OF WHITBY ~~· ~;ri;, ·.. PARKS AND RECREATION D i 997 .. ;' 1-S-H_R_U_B_P_L_AN_T_IN_G_O_E-TA-IL-+Dra::.:r..,a:""~:.:..ng--'-:g-T_J_·3-tl

620005.37

Page 409 of 449 Agenda Item # 6.17

•

PLANTING PROCEDURES

- ALL PLANT MATERIAL TO Bl SET BACK MINIMUM 4·0 METERS FROM· PERIMETER FENCES UNLESS SPECIAL SCREEN PLANTING IS NEEDED

- PLANT CONIFERS IN CONTINOUS MULCHED BEDS MINIMUM SPACING 4·0 METERS

- CONIFERS TO BE PLANTED IN GROUPINGS THAT CONTAIN 3 HEIGHTS 0, PLANTS· MINIMUM 17,cm

- MULCH TO BE SHREDDED LEAF AND TWIG MATERIAi. INSTALLED IOOmm DEEP

- MUI.CH ALL BEDS AND TREE SAUCERS

TOWN OF WHITBY Scale Nrs Date Seot 1se.,. .· 1--P_'A_R_K_S_A_N_O_A_EC_A_.EA_T_ION__+.;D::ra:.::w=n_r'-"'r-'-r--tl ® PLANT MATERIAL Drawing NQ J · 4

620005.38

Page 410 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Pathway Lighting - Parks and Open Space Areas

DATE ADOPTED OR RECEIVED BY COUNCIL:

October 23, 1989

RESOLUTION NUMBER:

389-89

RECOMMENDATION FROM: Parks and Recreation Director's Report, Item 66-89.

SUMMARY: The Town of Whitby has numerous pedestrian pathways throughout its parks and open space system. It is the goal of the Corporation of the Town of Whitby to have some lit pedestrian walkways in parks and open space areas when the following prioritized criteria exists and the financial resources are available: STANDARD LIGHTING Standard lighting is the first and foremost concern of the Municipality with regards to its pedestrian pathway systems through the parks and open space areas of the Town of Whitby. The Municipality will plan for adequate lighting when pathways pass through heavily landscaped areas and the area is known to be heavily travelled by the residents of the Municipality. such areas would typically be where pathways serve as a direct link/connection from a school to a subdivision or from a shopping mall to a subdivision.

620009

Page 411 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 2

SUBJECT: Pathway Lighting - Parks and Open Space Areas

SUMMARY CONT'D: ACCENT LIGHTING Accent lighting is traditionally aesthetically related and is used to feature a special object, building, etc., as part of a pathway system. The light can be low level in nature or highly intense depending on the need. MAINTENANCE OF LIGHTING SYSTEMS The Municipality will install vandal-resistant poles and fixtures to reduce the overall cost of maintenance to the Municipality. A regular scheduled maintenance program will be developed to maintain the lighting system throughout the Town as it develops.

620009.1

Page 412 of 449 Agenda Item # 6.17

THE CORPORATION OF THE TOWN OF WHITBY POLICY PROCEDURE

SUBJECT: Animal Control and Pound Policies

DATE ADOPTED OR RECEIVED BY COUNCIL: N/A

RESOLUTION NUMBER: N/A

RECOMMENDATION FROM: Pickering, Ajax, Whitby Joint Animal Control Committee

SUMMARY: Boarding of Animals Animals will not be boarded at the Animal Control Pound. Persons wishing to board their pets wi 11 be encouraged to make their own arrangements with a private kennel or clinic of their choice. Animal Quarantine The Medical Officer of Health will be encouraged, where practicable, to order animals quarantined at the Animal Control Pound as opposed to private kennels or clinics. Animal Euthanasia Unwanted animals will not be euthanized at the owners' request. Owners wishing to have their unwanted pets euthanized will be encouraged to make their own arrange ments with a veterinarian of their choice. Unadopted animals will only be euthanized under the dir ection and supervision of a veterinarian.

640003

Page 413 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 2

SUBJECT: Animal Control and Pound Policies

SU1"'1ARY CONT'D: Animal Husbandry and Medical Advice In general, persons seeking animal husbandry or medical advice will be encouraged to consult with a veterinarian of their choice. Pickup and Disposal of Animal Carcasses The carcasses of animals, including wildlife, killed on Provincial, Regional or Municipal highways will be pick ed up and disposed of by the animal control personnel. The carcasses of pets will be picked up from private residences and disposed of upon the payment of a $20.00 service fee. In return for veterinary services, an animal carcass pickup and disposal service will be provided to veter inary clinics on a no charge basis. Unwanted Animals Unwanted animals and unwanted litters of animals will be accepted upon the payment of a $15.00 service fee. Des pite this general policy, the service fee may be reduced or cancelled at the discretion of the Animal Control and Pound Manager. Unwanted animals will only be accepted from persons residing in the Towns of Ajax, Pickering or Whitby. Persons not residing in these municipalities will be encouraged to take their unwanted animals to the animal pound servicing their particular 111Jnicipality.

640003.1

Page 414 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 3

SUBJECT: Animal Control and Pound Policies

SUMMARY CONT'D: No assurance wi 11 be given to the owner of an unwanted animal as to the adoptability of the animal or as to how 1ong the animal may be kept at the Animal Control Pound before it is euthanized. The owner of an unwanted animal wi 11 give up all rights to the animal when they leave the animal at the Animal Control Pound. Call backs will not be permitted. Stray Animals Stray animals wi 11 be accepted provided they have been found at large in Ajax, Pickering or Whitby. Persons finding stray animals in any other municipality will be encouraged to take the animals to the pound servicing the municipality in which the animal was found. Animal Adoption When determining whether or not an unwanted or stray animal will be put up for adoption consideration will be given to,

(a) the animal's health and health record (if avai l ab 1e) ; (b) the animal's temperment and disposition; (c) the animal's age; and, (d) the animal's habits (i.e. is the animal house trai ned, does the animal bark or howl excessively, is the animal good with children, is the animal compatable with other animals, etc.) Animals put up for adoption wi 11 be vaccinated prior to their adoption.

640003.2

Page 415 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 4

SUBJECT: Animal Control and Pound Policies

SUMMARY CONT'D: A fee of $45.00, including Provincial Sales Tax, will be charged for an adopted animal. Despite this general policy, the fee may be reduced or cancelled at the dis cretion of the Animal Control and Pound Manager.

A complimentary dog licence will be given to every per son adopting a dog from the Animal Control Pound. Where within 48 hours following the adoption of animal, the animal is certified by a veterinarian to be unheal thy, the owner of the adopted ani ma 1 may return the animal and the adoption fee shall be refunded.

Animal exchanges will not be permitted except in the case where an adopted animal has been certified by a veterinarian to have a health problem in accordance with the above policy. Animals wi 11 be adopted on a first-come ff rst-serve basis. Animals will not be held for prospective own ers. Animals for Research Animals will neither be sold nor voluntarily offered for research purposes. The co-operation of animal research facilities and institutions will be sought in this re gard.

Wildlife While wildlife is generally the responsibility of the Ministry of Natural Resources, animal control personnel will respond to calls involving injured wildlife.

640003.3

Page 416 of 449 Agenda Item # 6.17

POLICY PROCEDURE Page 5

SUBJECT: Animal Control and Pound Policies

SUfttfARY CONT'D: Wildlife traps will be made available to the public for a period of up to five days in duration upon the payment of a $25.00 deposit. The deposit will be refunded when the trap is returned. Wildlife that has been trapped will be picked up by the animal control personnel and removed to a natural setting.

Persons wishing to otherwise dispose of wildlife will be encouraged to make their own arrangements with a pest control agency of their choice.

Response Priority

The order of precedence of responding to requests for animal control services shall be as follows with the highest ranking request being at the top of the list:

(1) animal endangering the public; (2) injured animal; (3) animal running at large, barking or howling exces sively, defecating on property; (4) animal found at large and confined; (5) trapped animals; (6) request for animal trap; and, (7) pickup and disposal of animal carcasses.

Animal Cruelty

Cases involving suspected cruelty to animals will be reported to either the Ontario Society for the Preven tion of Cruelty to Animals or the Durham Regional Police Force.

By-law Enforcement

Generally, owners of animals found to be in contraven tion of the Municipality's animal control by-law will be given either a verbal or written caution before charges are laid. Despite this general policy, the caution may be dispensed with at the discretion of the Animal Con trol and Pound Manager. 640003.4

Page 417 of 449 Agenda Item # 6.17

Town of Whitby Policy

Policy Title: Employee Assistance Program Policy Number: HR 020 Reference: Not available Date Originated: June 15, 1993 Date Revised: Not applicable Review Date: As required Approval: Council Point of Contact: Human Resources Department

Purpose To establish an Employee Assistance Program for the Town which assists an employee with a behavioral/health problem which may be affecting attendance and job performance. Index

1 Introduction 2 2 Behavioral/Health/Attendance Problems 2 3 Confidentiality 2 4 Referrals 2 5 Sick Leave 3 6 Financial 3

Page 418 of 449 Agenda Item # 6.17

1 Introduction 1.1 The Town of Whitby has an Employee Assistance Program (EAP) which will provide confidential counselling services. The implementation of the EAP is based on the concerns that the Town has for the health and welfare of its employees, but is limited to the effect problems have on an employee's absenteeism or job performance.

1.2 A decision to enter the EAP will be seen as an indication of the resolution and responsibility the employee has for seeking assistance. It should be noted that the EAP is not a shelter for an employee to use to prevent discipline, but a program for an employee to seek guidance. 2 Behavioral/Health/Attendance Problems 2.1 All Employees should be aware that what passes for friendship in covering-up an employee's problem, is in fact, the poorest kind of help for someone with a behavioral/health/attendance problem. 3 Confidentiality 3.1 The EAP is completely confidential. By their nature, personal problems are private matters. Any information from EAP to the Town must be approved by the Employee in writing before it may be requested and will be directed to the Director of Personnel only. 4 Referrals In the event an employee requires a referral under the EAP, this can be accomplished through the following:

4.1 Employee Initiated Referral Contacting the Director of Personnel, or if the employee wishes as an alternative, the Administrator, who would be available to offer assistance in directing the employee to the appropriate agency, organization, treatment centre, or professional.

4.2 Mandatory Referral A meeting with the Director of Personnel will be required to arrange for the appropriate assistance. An employee would be required to accept the recommended professional counselling or treatment as approved by the Town, otherwise normal disciplinary action would continue. In the event an employee fails to improve after professional counselling or treatment, disciplinary action up to and including discharge may result.

4.3 Stress Debriefing

Policy Title: Employee Assistance Program Policy Number: HR 020 Page 2 of 3

Page 419 of 449 Agenda Item # 6.17

The Town recognizes that when an Employee is seriously injured at work, is involved or observes a serious accident at work, or is involved in a fatality, there is often a requirement for a professional stress debriefing. The Director of Personnel will arrange for an appointment, and the employee is required to attend. 5 Sick Leave 5.1 Where an employee is required to be absent from work as a result of a mandatory referral under the EAP, the employee may use their Sick Leave credits, and if no credits are available then a Leave of Absence without Pay will be granted subject to the approval of the Administrator. Sick leave used for a mandatory referral under EAP will not be considered as incidents under the Attendance Control Program. 6 Financial 6.1 All professional services approved by the Town and provided under the Mandatory and Debriefing Referrals are paid for by the Town. Limited financial assistance may be available for employee initiated referrals, but must be requested by the Employee through the Director of Personnel.

Original Approved and Signed.

Robert Petrie, Chief Administrative Officer, x2211

June 15, 1993

Date

Policy Title: Employee Assistance Program Policy Number: HR 020 Page 3 of 3

Page 420 of 449 Agenda Item # 6.18

Town of Whitby Report

Report to: Operations Committee Date of meeting: January 23, 2017 Department: Legal and By-law Services Report Number: LS 02-17 File Number(s): N/A

Report Title: 2017 Legal and By-law Services Department Fees and Charges 1. Recommendation: 1. That the proposed fees and charges for services and activities provided by the Legal and By-law Services Department as outlined within Report LS 02-17 be approved; and 2. That the Clerk be directed to bring forward the necessary documentation to give effect to the fees and charges contained in Report LS 02-17 within a consolidated fees and charges by-law. 2. Executive Summary: The Legal and By-law Services Department requires a by-law for fees for services and activities provided and performed by the Department. Based on an annual review of the fees for services and activities provided and performed by the Department, some adjustments to the existing fees are required to recover inflationary, operating, and capital expenditure increases that have occurred over the past year.

3. Origin: Section 391 of the Municipal Act, 2001 provides that a municipality may impose fees or charges on persons for services or activities provided or done on its behalf, for costs payable by it or on its behalf, or for use of its property, including property under its control. Fees and charges levied by the Legal and By-law Services Department are reviewed annually as a best practice. Staff have undertaken a review of the Department’s fees and charges to coincide with the budget approval process, and will continue to do so annually hereafter.

Report to: Operations Committee Report number: LS 02-17 Page 1 of 8

Page 421 of 449 Agenda Item # 6.18

4. Background: The Municipal Act, 2001, requires that all fees and charges collected by a municipality be authorized by by-law. The current Departmental Fees By-law # 7140-16 was enacted on May 9, 2016. As a review of the fees and charges from Legal and By-law Services coincides with a review of fees and charges by Public Works and the Office of the Town Clerk, it is proposed that these departments will begin the process of corporately consolidating fees and charges into one by-law, a by-law that will eventually include all fees and charges levied by the Town.

5. Discussion/Options: The proposed new fees and charges incorporate the fee adjustments required to recover associated inflationary, operating, and capital expenditure increases that have occurred over the past year. The following table illustrates the proposed fee changes to the existing Departmental Fees By-law.

Item Existing Fee Proposed Fee

1. Accessory apartment registration $125.00/each $250.00/each

2. Animal Adoption Fees Cat adoption fee $150.00/each $150.00/each

Dog adoption fee $250.00/each $250.00/each

Other animal adoption fee $50.00/each $50.00/each

3. Animal Licences Unaltered dog/cat $50.00/each $50.00/each

Unaltered dog/cat w/ micro-chip $45.00/each $45.00/each

Sterilized dog/cat $25.00/each $25.00/each

Sterilized dog/cat with micro-chip $20.00/each $20.00/each

Replacement animal licence $5.00/each $5.00/each

4. Cadaver Disposal Fees Cadaver disposal at Animal Services $30.00/each $40.00/each Centre Cadaver pick-up $50.00/each $60.00/each

Report to: Operations Committee Report number: LS 02-17 Page 2 of 8

Page 422 of 449 Agenda Item # 6.18

Item Existing Fee Proposed Fee

$50.00 $50.00 refundable refundable cash deposit if cash deposit returned within one plus a late 5. Wildlife trap rental fee week + late charge of return charge $5.00/day every day of $5.00/day thereafter after five days 6. Impoundment Fees Impoundment of dog or cat wearing current Town of Whitby animal licence/microchipped 1st occurrence Free Free

2nd occurrence $50.00 $100.00

3rd or subsequent occurrence $100.00 $150.00 Any occurrence where the dog or cat is picked-up by Animal Services after $100.00 $150.00 regular working hours Daily care fee/animal/per day $25.00 $35.00 Impoundment of dog or cat not wearing current Town of Whitby animal licence/not microchipped 1st occurrence $50.00 $100.00

2nd occurrence $75.00 $150.00

3rd or subsequent occurrence $125.00 $150.00 Any occurrence where the dog or cat is picked-up by Animal Services after $125.00 $150.00 regular working hours Daily care fee/animal/per day $25.00 $35.00

7. Owner Surrender Fees Transfer of ownership of an animal to $50.00 $50.00 Whitby Animal Services (resident) Transfer of ownership of an animal to Whitby Animal Services (non- $75.00 $75.00 resident)

Report to: Operations Committee Report number: LS 02-17 Page 3 of 8

Page 423 of 449 Agenda Item # 6.18

Item Existing Fee Proposed Fee

$0.70/page, to be incorporated into fees and charges for “General 8. Photocopying $0.65/page Administrative Matters” as set out by the Office of the Town Clerk in the consolidated fees and charges by-law 9. Pool Enclosure Permit $250.00/permit $350.00/permit

10. Temporary Sign Permit $125.00/permit $150.00/permit

11. Encroachment/Licence Agreement $650.00/each $700.00/each

12. General Legal Fees Law Clerk $120.00/hour $125.00/hour

Solicitor $270.00/hour $280.00/hour

Services Related to Existing 13. Development Agreements Deleted - incorporated into Public Works Highway Dedication/Subdivision $200.00 per subdivision assumption Assumption By-law Legal by-law fee in the consolidated Administration Fee fees and charges by- law Land Titles Registration $200.00 per $210.00 per document 14. Administration Fee (not related to document a Planning application)

Disbursement Recovery: in Disbursement Cost, to addition to any other fees required be incorporated into to be paid, a person shall pay an fees and charges for amount representing the actual “General Disbursement cost of the disbursements Administrative Matters” 15. Cost incurred by Legal and By-law as set out by the Office Services when processing an of the Town Clerk in agreement, document, or other the consolidated fees matter (e.g., title search, corporate and charges by-law search, and appraisal fees)

Report to: Operations Committee Report number: LS 02-17 Page 4 of 8

Page 424 of 449 Agenda Item # 6.18

The fees identified in the chart are described in further detail below.

Accessory Apartment Registration: This fee covers the cost of processing an accessory apartment registration application which includes Town of Whitby staff time and other costs to investigate, regulate and require property owners to register accessory apartments.

Animal Adoption Fee: These fees cover the cost of sheltering, spaying or neutering, vaccinating and preparing a cat for adoption to the public from the Town of Whitby Animal Services Centre.

Animal Licence: These fees cover the cost of processing an application for an animal licence for a cat or dog which includes Town of Whitby staff time and other costs to investigate, regulate and require owners of cats and dogs to register animals with the Town.

Cadaver Disposal Fee: These fees cover the cost of picking up and disposing of a deceased domestic animal from private property or the cost of an animal owner bringing a deceased animal to Whitby Animal Services for disposal.

Wildlife Trap Rental Fee: This fee imposes a deposit to ensure the trap’s return, and imposes a cost if the trap is not returned after a week of being borrowed.

Impoundment Fees: These fees cover the cost of picking up an animal found running at large and sheltering the animal at the Whitby Animal Services Centre. The after-hours fee is applicable when an Animal Services Officer is required to work after-hours and incur overtime to pick-up an animal found running at large. This fee helps to offset the costs incurred in providing this service to the Town’s residents.

Owner Surrender Fees: These fees are applicable should an animal owner wish to transfer their animal to Whitby Animal Services for future adoption. Animal Services incurs costs to care for the animal and to have it spayed/neutered and vaccinated prior to making the animal available for adoption.

Photocopying: This fee covers the costs associated with photocopying various materials or documents, and will be incorporated corporate-wide in the fees and charges set out for “General Administrative Matters” by the Office of the Town Clerk in the consolidated fees and charges by-law.

Pool Enclosure Permit: This fee covers the cost of processing a pool enclosure permit application which includes Town of Whitby staff time and other costs to investigate, regulate and require owners of privately-owned swimming pools to erect and maintain fences and gates around such swimming pools.

Report to: Operations Committee Report number: LS 02-17 Page 5 of 8

Page 425 of 449 Agenda Item # 6.18

Replacement Animal Licence Tag: This fee covers the cost of providing a replacement animal licence tag to the owner of a licensed pet in the Town.

Temporary Sign Permit: This fee covers the cost of processing a sign permit application which includes Town of Whitby staff time and other costs to investigate, prohibit and regulate temporary signs erected within the Town.

Encroachment/Licence Agreement: This fee covers the cost of preparing an encroachment or licence agreement between a property owner and the Town, where the property owner requires an encroachment onto Town property or where a person wishes to enter onto Town property for a specified reason and time period.

General Legal Fees: This fee sets the rate by which the Town may seek cost recovery for time spent by the Law Clerk or Town Solicitor on various legal matters, so that if the Town seeks costs in a litigation and needs to include the time spent by staff in Legal Services, it can establish the validity and existence of such cost through the fees and charges by-law.

Services Related to Existing Development Agreements: This fee is recommended to be deleted for 2017, as it will be incorporated into Public Works’ new subdivision assumption fee in the consolidated fees and charges by-law.

Registration Fee: This fee covers the Town’s actual costs and time spent to register agreements or other instruments on title to property, and includes the Teraview registration fees that are otherwise charged to the Town when it registers such instruments outside of the normal Planning application process (e.g., encroachment agreements and enforcement orders).

Disbursement Recovery: This is not an actual fee, but instead sets down in the fees and charges by-law that the Legal and By-law Services Department can charge back for disbursements associated with the actual cost associated when processing, investigating, or preparing agreements on behalf of the Town. This disbursement recovery will be implemented corporate-wide in the fees and charges set out for “General Administrative Matters” by the Office of the Town Clerk in the consolidated fees and charges by-law.

In addition to the above fees, Planning Services currently charges fees to developers for the preparation of subdivision agreements ($5,253.13), site plan agreements ($2,101.25 plus legal expenses), site plan amending agreements ($1,050.63 plus legal expenses), and condominium agreements ($2,101.25). In some cases, these fees cover the cost of external legal assistance in providing a basic review of the agreement and registration on title. However, these fees are mainly directed at covering Planning Services’ costs of preparing such documents.

Staff have recognized that the increasing complexity of development agreements, the oncoming development of West Whitby and Brooklin, and the need for

Report to: Operations Committee Report number: LS 02-17 Page 6 of 8

Page 426 of 449 Agenda Item # 6.18

improved document templates requires legal input into the development agreement process. It is expected that this legal assistance will help to avoid future issues with the Town’s development agreements and mitigate any risk to the Town in the construction of municipal infrastructure by developers. As such, staff will be investigating changes to the Town’s administrative processes to allow for internal legal involvement with development agreements. Other GTA municipalities such as Oakville, Aurora, Caledon, Newmarket, and Oshawa have implemented such processes for internal legal involvement in various capacities, with positive results (e.g., agreements that reflect cross-departmental needs while retaining internal institutional control and knowledge). Such a process can also provide a consolidated customer service point through Legal Services to assist developers and builders as they move forward with the agreement requirements for their servicing and construction plans.

It is expected that such investigation will require an analysis of the appropriate fees and charges that should be levied and allocated to various Town departments to recover the Town’s internal costs of providing development agreement services. There will be personnel costs associated with any such plan, and the expectation is that the costs should be fully covered by revenue received through fees and charges paid by builders and developers, with no impact to the property tax levy.

Staff will report back to Council regarding any changes to the fees and charges that would need to be implemented to support a restructuring of the Town’s administrative processes for development agreements.

6. Public Communications/Plan: The new fees and charges will be added to the Town’s website so that the public is aware of such fees when obtaining the applicable services from the Town.

7. Considerations: 7.1. Public n/a

7.2. Financial The proposed by-law provides the Legal and By-law Services Department with the ability to recover the costs for the services and activities provided by the Department. These costs would otherwise require funding from other sources. The Corporate Services Department has reviewed the fees and charges of Legal and By-law Services to determine HST applicability. The anticipated increase in revenue from the proposed changes to the Departmental fees and charges is estimated to be $21,100 in 2017, in the following areas: $6,000 for Accessory Apartment Registrations, $10,000 for Pool Enclosure Permits, $4,500 for Temporary Sign Permits, and $600 for animal impoundment fees.

Report to: Operations Committee Report number: LS 02-17 Page 7 of 8

Page 427 of 449 Agenda Item # 6.18

7.3. Impact on and input from other Departments/Sources n/a 7.4. Corporate and/or Department Strategic Priorities Council Goal # 3: To continue the Whitby tradition of responsible financial management and respect for taxpayers; and to understand the importance of affordability to a healthy, balanced community.

8. Summary and Conclusion: Changes are being recommended to Legal and By-law Services fees and charges to ensure that Whitby is cost competitive with comparator municipalities and that fees are reflective of the underlying costs to provide services. Accordingly, it is requested that Council approve the proposed fees for services and activities provided by the Legal and By-law Services Department as outlined within Report LS 02-17.

9. Attachments: None. For further information contact: Warren Mar, Commissioner of Legal and By-law Services/Town Solicitor, x4342 Kevin Narraway, Manager of By-law and Animal Services, x2349

Original Approved and Signed

Warren Mar, Commissioner of Legal and By-law Services/Town Solicitor, x4342

Original Approved and Signed

Doug Barnes, Interim Chief Administrative Officer, x2211

Report to: Operations Committee Report number: LS 02-17 Page 8 of 8

Page 428 of 449 New and Unfinished Business - Operations Committee Item Number Description Resolution Meeting Date Due Date Revised Date Explanation/Comments MD - 0511 Parking Standards for Parking Lots in That the Chief Administrative Officer 29 Oct 2012 04 Dec (Comments updated Nov the Town of Whitby direct the appropriate staff to prepare a 2017 2016) To be included in report with respect to the the 2017 Parking Master establishment of standards for Plan. Some elements commercial parking lots with the Town regarding commercial of Whitby. lots have been dealt with as part of the previous zoning bylaw updates in 2014. MD - 0846 Public Works Report, PW 19-13Re: That staff prepare a draft Terms of 06 May 2013 23 Jan (Comments updated Nov Traffic Operational Review of Trent Reference for the proposed Downtown 2017 2016) To also include Street and Dunlop Street - Downtown Traffic Operations Study and provide to pedestrian movement Whitby Council for review and consideration in opportunities and cycling. the Fall of 2013. Bring forward Terms of Reference to Council scheduled for Jan 2017. This Terms of Reference was delayed as it was expected that the study could not proceed at the time due to area construction and staff limitations. Some initial data collection was completed but the closure of Henry Street created non-typical traffic patterns in the Downtown. This project is included in the Downtown Action Plan and

Page 429 of449 scheduled to start Q2/Q3 2017. Agenda Item#7.1

Updated: January 16, 2017 page 1 of 13

NUB - Operations Item Number Description Resolution Meeting Date Due Date Revised Date Explanation/Comments MD - 1300 Public Works Department, PW 34-13 That after assessment of the 09 Dec 2013 19 Jun (Comments updated Nov Re: Darren Avenue - Pedestrian Signal installation of the three-way stop sign 2017 2016) Is not a pedestrian Review at Darren Avenue and Chatterson signal review but rather a Street, that a staff review be conducted review of the to consider the effects of the three-way effectiveness of an all stop sign and report back to Council. way stop. Was installed in 2014. Volume data was collected in late 2014 and 2015 however, due to staff priorities and workload a report back to Committee was not completed. We do have an email from an effected resident requesting that the signs be removed for the safety of the community and that they regret the installation. Effectiveness of an all- way stop control will be a difficult report as speed and volume should not be a factor in the review, but rather compliance with traffic control and delay. Page 430 of449 Agenda Item#7.1

Updated: January 16, 2017 page 2 of 13

NUB - Operations Item Number Description Resolution Meeting Date Due Date Revised Date Explanation/Comments MD - 1346 Public Works Department Report, PW 1. That Public Works Department 03 Feb 2014 14 Nov 06 Mar 2017 (Comments updated Nov 6-14 Re: Garden Street (Dryden Report, PW 6-14 be referred 2016 2016) Staff have Boulevard and Taunton Road) back to staff to investigate the undertaken further Environmental Assessment Study - issues and concerns described consultation with Cork Final Report by the residents on Cork Drive; Drive residents and are and finalizing the Cork Drive 2. To investigate and have a full Operational Review Study understanding of the impact of - which was a result of fencing in relation to noise comments received concerns. through the Garden Street EA process. It is currently anticipated that the Cork Drive Study will be completed by the end of 2016 - and the Garden Street EA would then be updated accordingly. It is currently anticipated the Garden Street EA will be finalized in February/March of 2017 with the ESR Study Report filed for the mandatory 30 day public review period. Page 431 of449 Agenda Item#7.1

Updated: January 16, 2017 page 3 of 13

NUB - Operations Item Number Description Resolution Meeting Date Due Date Revised Date Explanation/Comments MD - 1347 New and Unfinished Business Item 6.7 That the Special Events Policy be 03 Feb 2014 10 Apr The Town’s Special - Special Events Policy referred to staff to review and update to 2017 Events Policy is in need include a process to handle requests of updating to for financial support from organizations comprehensively cover for community events. the permitting and licencing of special events and the operation of Town run special events. Further, the policy will need to address financial requests and in-kind contributions to special events run by community organizations. CMS is working with the Office of the Town Clerk on process mapping and policy development and will be reporting back in Q2 2017 for Council consideration. MD - 1922 Public Works Department Report, PW 5. That Staff report back to Council in 12 Jan 2015 05 Dec 2-15Re: Winter Maintenance of the Fall of 2015 to identify successes, 2016 Pathways/Trails in the Municipal challenges and possible future Parks and Open Spaces - Phase 1 opportunities/phases for winter maintenance of pathways and trails.

See also MD 2620

Page 432 of449 Agenda Item#7.1

Updated: January 16, 2017 page 4 of 13

NUB - Operations Item Number Description Resolution Meeting Date Due Date Revised Date Explanation/Comments MD - 1973 Public Works Department Report, PW 9. That staff report back in early 2016 02 Feb 2015 06 Mar 01 May 2017 (Comments updated Nov 9-15 Re: 40 km/h Speed Limit Review with the results of the 40 km/h speed 2017 2016) Data was collected limit trial on Montgomery Avenue and in 2014 and 2015 and Robert Attersley Drive East. has been scheduled to be collected fall 2016 as well. This will give us a clear picture of before and after speed and volume. Due to staff priorities and workload a report back to Committee was not completed as planned. However, having 2016 traffic data will be beneficial to demonstrate whether any potential changes were short-term only. Planning to report back in May 2017 on results. MD - 2033 Community and Marketing Services 5. That staff be directed to report back 09 Mar 2015 14 Nov Department Report, CMS 12-15 Re: on the funds raised through the Mayor's 2016 Municipal Performing Arts Centre Gala for the Performing Arts Centre and clarify the purposes of the funds and opportunities for the Town to utilize the money raised.

See also MD 2321

Page 433 of449 Agenda Item#7.1

Updated: January 16, 2017 page 5 of 13

NUB - Operations Item Number Description Resolution Meeting Date Due Date Revised Date Explanation/Comments MD - 2317 Public Works Department Report, PW 2. That Staff report back to Council on 30 Jun 2015 27 Mar (Comments updated Nov 34-15 Re: Road Right-of-Way Road Right-of-Way Standards to 2017 2016) Road Right-of-Way Standards be implemented within Downtown standards for downtowns. Whitby and Downtown Brooklin. The Planning Department is bringing forward a report on Werden's Plan - which includes a new/proposed Downtown ROW standard. The intent was for the Downtown ROW Report to follow the Werden's Plan Report - which has been delayed for some time. It is currently anticipated that the Werden's Plan Report will be brought forward to Council in February of 2017. Page 434 of449 Agenda Item#7.1

Updated: January 16, 2017 page 6 of 13

NUB - Operations Item Number Description Resolution Meeting Date Due Date Revised Date Explanation/Comments MD - 2321 Mayor's Gala Councillor Gleed requested staff to 30 Jun 2015 14 Nov prepare a report for September with 2016 respect to the Audit Committee Meeting held on June 25, 2015. He stated that in that meeting there were discussions regarding approximately $300,000 that had been generated through the Mayor's Gala and that these funds were sitting in Town reserves. He requested that P. LeBel, Commissioner of Community and Marketing Services and K. Nix, Commissioner of Corporate Services/Treasurer prepare a report to identify how these funds could be utilized for cultural special events in the Town as the money was initially raised for cultural reasons.

See also MD 2033

MD - 2442 Community and Marketing Services 2. And that staff be directed to work 26 Oct 2015 05 Dec 01 May 2017 Department Report, CMS 50-15 Re: with the Whitby Chamber of Commerce 2016 Former Land Registry Office, 400 and Spark Commercialization and Centre Street South Innovation Centre to determine a strategic long term vision and the opportunity to share space at the old Land Registry Office, 400 Centre Street South and report back on the vision, opportunities and design costs.

Page 435 of449 See also MD 3003

Agenda Item#7.1

Updated: January 16, 2017 page 7 of 13

NUB - Operations Item Number Description Resolution Meeting Date Due Date Revised Date Explanation/Comments MD - 2450 Municipal Office Needs Assessment That Staff report back with an update 26 Oct 2015 13 Feb To be addressed as part on implementation and further action 2017 of the SDR Report (CAO required for the Municipal Office Needs 18-16) Assessment further to Staff Reports CMS 21-08, CAO 04-11, and CAO 03- 13.

MD - 2451 Anderson Street Petition Councillor Gleed presented a petition 26 Oct 2015 19 Jun from residents from Settler’s Court and 2017 Breezewood Court in Brooklin requesting immediate consideration of traffic safety measures on Anderson Street. Chair Roy advised that the petition should be submitted to the Clerk and the Commissioner of Public Works requested to bring forward a report at the earliest opportunity MD - 2558 Community and Marketing Services That Community and Marketing 07 Dec 2015 05 Dec 03 Apr 2017 Awaiting land appraisals. Department Report, CMS 57-15 Re: Services Department Report, CMS 57- 2016 Staff report on Pump House Revitalization 15 be referred back to staff for redevelopment proposal information on potential future uses for a restaurant coming in through development of a business plan 1st quarter and consideration be given to the letter received from LACAC Heritage Whitby regarding the Pump House. MD - 2620 Public Works Department Report, PW 1. That Public Works staff bring forward 11 Jan 2016 05 Dec 4-16 Re: Winter Control Service Level in 2016 other existing Service 2016 for Municipal Roads Level Standards for the Operational Services Division of Public Works, including but not limited to, winter Page 436 of449 maintenance on sidewalks and multi-

purpose trails. Agenda Item#7.1

See also MD 1922

Updated: January 16, 2017 page 8 of 13

NUB - Operations Item Number Description Resolution Meeting Date Due Date Revised Date Explanation/Comments MD - 2645 Office of the Town Clerk Report, CLK 5. That the Clerk bring forward a 18 Jan 2016 13 Feb Staff working with the 01-16 Re: Council Code of Conduct recommended proposal and 2017 Region of Durham on and Integrity Commissioner Terms of candidate for appointment as Integrity appointment specifics as Reference Commissioner for consideration the Region recently upon completion of the RFP. appointed Guy W. Giorno as Integrity Commissioner MD - 2712 Downtown Burlington Defined Parking 2. That staff report back on the 22 Feb 2016 23 Jan (Comment updated Area Burlington Policy and other options to 2017 November 2016) To be reduce on site parking requirements in included as part of our historic downtowns and promote Parking Master Plan compact and efficient urban design.

MD - 2764 Public Works Department Report, PW 3. That Staff report back to Council in 12 Sep 2016 23 Jan 10-16 Re: Road Rationalization - June of 2016 with recommendations for 2017 Region of Durham road rationalization with the Region of Durham.

MD - 2912 Legal and By-law Services That Item 5.1, Report LS 09-16, be 02 May 2016 05 Dec 13 Feb 2017 Staff are awaiting a Department, LS 09-16 Re: Feline Trap, referred to staff to investigate a 2016 proposal from HSDR on Neuter, and Release (TNR) Program - partnership with, and receive detailed the subject prior to a Update information from, the Durham Region report being prepared. Humane Society regarding the implementation, operation and cost of a full scale TNR program in Whitby and report back in September 2016. MD - 3000 Community and Marketing Services 2. That staff report back to Council 30 May 2016 10 Apr Department, CMS 34-16 Re: Canada regarding details and 2017 Fund 150 - Application for Funding funding requirements for the proposed Waterfront Festival in 2017.

Page 437 of449 Agenda Item#7.1

Updated: January 16, 2017 page 9 of 13

NUB - Operations Item Number Description Resolution Meeting Date Due Date Revised Date Explanation/Comments MD - 3003 Community and Marketing Services 3.That Council direct staff to undertake 30 May 2016 14 Nov 01 May 2017 Department Report, CMS 41-16 Re: the planning and development process 2016 Land Registry Office, 400 Centre and report back on the provision(s) to Street South, Downtown Whitby permit additional uses, particularly as it relates to non-public agency office uses; and, 4.That staff report back to Council in September regarding the proposed use of the Land Registry Office, and the implications as part of the update to the Municipal Office Needs Assessment.

See also MD 2442

MD - 3015 Retention of Ownership of Dundas That the motion regarding the retention 30 May 2016 Street, from Cochrane Street to of ownership of Dundas Street, from Garden Street Cochrane Street to Garden Street, be tabled. MD - 3136 Scott Bryk Re: Highway of Heroes That staff be directed to work with 27 Jun 2016 10 Apr Living Tribute Highway of Heroes to explore 2017 opportunities and identify potential sites for the planting of trees, ensuring that Victoria Fields is included in the exploration, and report back to Council on the available opportunities. MD - 3160 Public Works Department Report, PW 8. That Town staff meet with Regional 12 Sep 2016 05 Dec 06 Mar 2017 30-16 Re: Town Comments on Draft staff to discuss who does what 2016 2017 Region of Durham Road Program regarding street lighting on Regional and 9-Year Forecast Roads and report back to Town Council. Page 438 of449 Agenda Item#7.1

Updated: January 16, 2017 page 10 of 13

NUB - Operations Item Number Description Resolution Meeting Date Due Date Revised Date Explanation/Comments MD - 3161 Public Works Department Report, PW 2. That Council consider and provide 12 Sep 2016 04 Dec (Comments updated 31-16 Re: Discount Rate for Leased direction on an interim (October 2017 November 2016) To be Parking in Municipal Lots and Interim 1, 2016 to November 31, 2017) included as part of Payment in Lieu (PIL) payment in lieu policy (PIL) for parking; Parking Master Plan 3. That staff bring forward to Council the Terms of Reference for the Parking Master Plan in January 2017; and, 4, That a payment in lieu (PIL) policy be developed as part of the 2017 Parking Master Plan for surface and structured parking and be brought forward to Council for review and consideration.

MD - 3183 Office of the Town Clerk Report, CLK 3. That the Clerk be directed to 19 Sep 2016 17-16 Re: Ward Boundaries and investigate and report back on Council Composition the development of a Ward Boundary Guideline Policy to establish criteria for consideration of future ward boundary adjustments; and, 4. That the Commissioner of Community and Marketing Services report back on Council Chambers design to accommodate the additional Regional Councillor.

MD - 3222 Community Meeting Support and That staff be directed to explore 03 Oct 2016 Policy opportunities to facilitate the communication between Members of Council and constituents through various media options to community Page 439 of449 and the ability to use Town facilities

(i.e. column space in the Whitby Agenda Item#7.1 Perspective or use of internal photocopiers for constituent correspondence).

Updated: January 16, 2017 page 11 of 13

NUB - Operations Item Number Description Resolution Meeting Date Due Date Revised Date Explanation/Comments MD - 3226 Whitby Economic Development That staff evaluate and report back on 03 Oct 2016 23 Jan ChinaInvestment Attraction and Trade the eight performance measures 2017 Strategy outlined in Community and Marketing Services Department Report, CMS 45- 13 regarding the 2014 -2018 Whitby Economic Development China Investment Attraction and Trade Strategy by the end of January 2017, so that it can inform the 2017 budget. MD - 3242 Future Town Hall That the matter of a future Town Hall 11 Oct 2016 referred for Council direction from Operations Committee be added to the Operation's Committee New and Unfished Business list for further Committee consideration. MD - 3312 Community and Marketing Services 2. That Staff report back on the 14 Nov 2016 11 Sep Department Report, CMS 56-16 Re: proposed Volunteer Outdoor Ice Rink 2017 Volunteer Outdoor Ice Rink Program Program and draft Policy subject to the and Policy Pilot Project at Whitby completion of the pilot location and the Kinsmen Park Update review of increased staff and budget required to support the implementation of the program on a Town wide basis.

MD - 3313 Community and Marketing Services 2. That Staff report back to Council on 14 Nov 2016 03 Apr 04 Dec 2017 Department Report, CMS 59-16 Re: the findings of the Public Information 2017 Community Gardens History and Centre; and, Status 3. That Staff report back to Council on a revised draft Community Garden Program and Policy.

MD - 3316 Community and Marketing Services 4. That staff report back to Council 14 Nov 2016 Waiting for results and Page 440 of449 Department Report, CMS 61-16 Re: following the receipt of the Department information gathered from

Update on Discussions with the of Fisheries and Oceans Canada long the Department of Agenda Item#7.1 Department of Fisheries and Oceans term sediment management plan for Fisheries and Oceans Canada Whitby Harbour. Canada - hoping to get an update by end of 2017

Updated: January 16, 2017 page 12 of 13

NUB - Operations Item Number Description Resolution Meeting Date Due Date Revised Date Explanation/Comments MD - 3322 Public Works Department Report, PW 2. That Public Works Staff continue to 14 Nov 2016 01 May 34-16 Re: Emerald Ash Borer Action provide Council with a status update on 2017 Plan Update the Emerald Ash Borer (EAB) Action Plan twice each calendar year.

MD - 3404 Public Works Department Report, PW 3. That Staff report back to Council on 12 Dec 2016 36-16 Re: Town of Whitby Municipal an Asset Management Funding Asset Management Plan Strategy as part of the Long Term Recommendation: Financing Strategy currently proposed in 2017.

MD - 3411 Office of the Town Clerk Report, CLK That the Town Clerk be directed to 12 Dec 2016 13 Feb 23-16 Re: Proposed Use of Internet report back on voting method options, 2017 and Telephone Voting Methods for the other than telephone and internet 2018 Municipal Election voting, for the 2018 Municipal Election. MD - 3417 LED Street Lights Councillor Leahy raised the matter of 05 Dec 2016 glare colour challenges from LED street lights. Discussion ensued regarding the health effects, costs and challenges to LED street lights, and the status of the LED street light conversation. The Commissioner of Public Works advised that her department would be providing an update to Council on the street lighting program. Page 441 of449 Agenda Item#7.1

Updated: January 16, 2017 page 13 of 13 Agenda Item # 9.1

Harbour Day Committee Minutes November 17, 2016 – 2:30 PM Avalon Lounge, 301 Watson Street West Port Whitby Marina

Present: Betty Huider, Vice-Chair Davina Jones, Chair Eleanor Stevenson Bob Toyama

Also Present: Doug Blakely, Manager of Sponsorship Colleen Keys, Legislative Services Clerk Keenan Watters, Marina Supervisor Matt Powers, Staff Liaison, Manager of Parks, Marina, Long Range Planning, Tourism & Culture Jonathan Gilston, Committee Coordinator

Regrets: Elsie Myette Councillor Emm The meeting began at 2:35 p.m.

1. Disclosures of Interest

1.1 There were no disclosures of interest.

2. Approval of Previous Minutes

2.1 Minutes - October 20, 2016

Recommendation:

Moved By Bob Toyama

That the Harbour Day Committee minutes of October 20, 2016 be approved.

Carried

3. Presentations/Deputations

3.1 There were no presentations or deputations.

Page 442 of 449 Agenda Item # 9.1

Harbour Day Committee Minutes November 17, 2016 - 2:30 PM

4. General Business and Reports

4.1 Budget Review Keenan Watters advised that 2016 event budget was not finalized, but provided a new surplus estimate that would be carried over to the 2017 event budget. It was the consensus of the Committee to hear Item 7, Other Business, at this time.

4.2 Sponsorship Review Doug Blakely advised that with the new preferred date for the 2017 Harbour Day event, he would begin contacting potential sponsors. Discussion ensued regarding:  offering Brookfield Homes Limited incentives to acquire more funding from them, including a VIP event on the tall ship;  the cost to rent the tall ship and only booking it for one day; and  Dentistry on Dundas and their sponsorship for the fireworks display.

4.3 Station Gallery Discussion ensued regarding the Station Gallery and notifying them of the preferred date for the 2017 Harbour Day event. Matt Powers advised that he would contact the Station Gallery to notify them of the preferred date for the 2017 Harbour Day event.

4.4 Charitable/Community/Cultural Displays Discussion ensued regarding:  the military display from the Ontario Regiment Museum;  utilizing the Rowe House for an 1867 interpretation and incorporating volunteers in period costumes;  displaying photos of the harbour circa 1867;  including displays from Ontario Shores and Camp X in the event;  whether Camp X tours could be incorporated into the event; and  encouraging cyclists to travel with their bikes to the event.

4.5 Children's Activities and Entertainment Discussion ensued regarding:

Page 443 of 449 Agenda Item # 9.1

Harbour Day Committee Minutes November 17, 2016 - 2:30 PM

 incorporating a digital activity with tablets for children;  the need to book the jumping castle as soon as possible;  the popularity of Sunflower the Clown and inviting her to the 2017 event; and  including more youth entertainment and contacting the Station Gallery for suggestions on local talent. Matt Powers advised that he would contact the Station Gallery for suggestions on local talent to include in the event.

4.6 Entertainment - Land Based Discussion ensued regarding inviting Mike McGillivray, Jack De Kaiser and the Whitby Brass Band to participate in the 2017 event.

4.7 Entertainment - Water Based Keenan Watters advised that he would contact the dragon boat providers and inquire whether they were available for the 2017 event date. Discussion ensued regarding whether a search and rescue demonstration could be incorporated into the event.

4.8 Vendors - Food and Beverage Davina Jones suggested that the food vendors and refreshment vehicle operators that participated in the 2016 event should be contacted soon. Discussion ensued regarding acquiring healthier food options and vendors.

4.9 Vendors - Retail/Other There was no Vendors - Retail/Other update.

4.10 Volunteers There was no Volunteers update.

4.11 Site Specifics Matt Powers advised that he would provide a map of the marina grounds at the next scheduled Committee meeting on January 19, 2017 to provide a visual representation of the event site and discuss the potential location of activities and displays for the 2017 event.

Page 444 of 449 Agenda Item # 9.1

Harbour Day Committee Minutes November 17, 2016 - 2:30 PM

Davina Jones advised that she obtained rental prices for golf carts for the 2017 event.

4.12 VIP Event/Sponsor Care There was no VIP Event/Sponsor Care update.

4.13 Whitby Yacht Club There was no Whitby Yacht Club update.

5. Correspondence

5.1 There was no correspondence.

6. Council Update

6.1 Councillor Emm was not in attendance. Therefore, there was no Council update.

7. Other Business

7.1 Discussion ensued regarding the 2017 Harbour Day event date and the Committee's previous recommendation to set the preferred event date of August 5, 2017, and moving the preferred event date to August 19, 2017 due to the availability of event providers.

Further discussion ensued regarding:  potentially expanding the event to Heydenshore Park, incorporating food trucks and vendors between the two areas, and inviting local community groups and organizations, such as the Whitby Lions Club, to host and support this initiative;  the wedding scheduled at Heydenshore Pavillion on August 19, 2017 and communicating with the party to notify them of the event;  the requirements to secure the Canada 150 Grant funding, which includes expanding the event to a waterfront festival;  the possibility of reducing the proposed size of the event if funding cannot be acquired;  the estimated date for Town staff to receive notification whether the Canada 150 Grant funding is secured, which is by the end of February 2017;  communicating with Council regarding the event's funding challenges and whether money could be provided upfront in order

Page 445 of 449 Agenda Item # 9.1

Harbour Day Committee Minutes November 17, 2016 - 2:30 PM

to allow the Committee and Town staff to book providers, vendors and activities before staff are notified whether the Canada 150 Grant funding is secured; and  the availability of the surplus from the 2016 event.

Recommendation:

Moved By Bob Toyama

That the Harbour Day Committee's preferred event date for the 2017 Harbour Day event is August 19, 2017.

Carried

It was the consensus of the Committee to hear Item 4.2, Sponsorship Review, at this time.

7.2 Discussion ensued regarding whether Metrolinx would provide a shuttle bus service again for the 2017 event.

Davina Jones advised that she would contact Metrolinx to inquire whether they could provide a shuttle bus service again for the 2017 event.

7.3 Discussion ensued regarding booking St. John's Ambulance for first aid services during the 2017 event.

Matt Powers advised that he would contact St. John's Ambulance to provide first aid services for the 2017 event.

7.4 Davina Jones provided information pertaining to the response from the Deputy Clerk regarding the Committee's request for an additional Committee member to assist with planning the 2017 Harbour Day event. She advised that the Town's advertisement for Committee appointments has 2 vacancies rather than 1.

7.5 Colleen Keys inquired whether the budget for the fireworks display would increase due to the Canada 150 celebration.

Discussion ensued regarding the funds normally budgeted for the fireworks display and the potential usage of the Canada 150 Grant funding to offset the cost of the fireworks.

Page 446 of 449 Agenda Item # 9.1

Harbour Day Committee Minutes November 17, 2016 - 2:30 PM

8. Next Meeting

8.1 Thursday January 19, 2017 - 2:30 p.m. Avalon Lounge, Port Whitby Marina 301 Watson Street West

9. Adjournment

9.1 Motion to Adjourn

Recommendation:

Moved By Eleanor Stevenson

That the meeting adjourn.

Carried

The meeting ended at 3:51 p.m.

J. Gilston, Committee Coordinator Davina Jones, Committee Chair

Page 447 of 449 Agenda Item # 9.1

Whitby County Town Carnival Committee Minutes November 29, 2016 – 2:30 PM Committee Room One Whitby Municipal Building

Present: Jim McGrorey, Chair Eleanor Stevenson

Also Present: Matt Powers, Staff Liaison, Manager of Parks, Marina, Long Range Planning, Tourism & Culture Cathy Marrinan, Community Connection Executive Committee Representative Jonathan Gilston, Committee Coordinator

Regrets: Brad Jemmett, Vice-Chair Elsie Myette Kathy Noblett Councillor Drumm

In accordance with the Terms of Reference, a quorum was not present and the meeting did not proceed as scheduled. Members in attendance discussed several items, but no decisions were made and minutes were not recorded.

Page 448 of 449 Agenda Item # 9.1

Ethno-Cultural and Diversity Advisory Committee Minutes December 1, 2016 – 7:15 PM McKinney Room, 222 McKinney Drive McKinney Centre

Present: Mayline Brown, Vice-Chair Cheryl Frayne

Also Present: Sarah Lamb-Kirby, Recreation and Facility Software Specialist Jonathan Gilston, Committee Coordinator

Regrets: Aldith Carasquero Barbara Perry Sharmila Saigaonkar Renee Sgroi Sarah Klein Councillor Yamada

Page 449 of 449