Special Council Meeting Agenda July 27, :00 PM Council Chambers Whitby Municipal Building. Page

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1 Special Council Meeting Agenda July 27, :00 PM Council Chambers Whitby Municipal Building Page Call to Order: The Mayor Call of the Roll: The Clerk 1. Declarations of Pecuniary Interest 2. Presentations 2.1 Planning and Development Department Report, PL Re: Site Plan Agreement Amendment, Farhan Khan, 29 Shepherd Road (SP-17-10) 4-9 Recommendation: 1. That Council approve an amendment to the registered site plan agreement to permit the installation of a swimming pool and associated fencing within the established 6 metre access allowance; and, 2. That the applicant be responsible for the costs associated with the preparation and registration of an amendment on title. 2.2 Planning and Development Department Report, PL Re: Removal of Draft Condition Number 27 from the Draft Conditions dated June 25, 2007 for Northcrest Homes Inc. now known as Luvian Homes (Taunton and Thickson) Limited [S (MR-01-07)] Recommendation: 1. That Council approve the removal of Condition Number 27 from the Draft Subdivision Conditions dated June 25, 2007; and, 2. That the Region of Durham Commissioner of Planning be advised of Council s decision. 2.3 Public Works Department Report, PW Re: Ontario Municipal Cycling Infrastructure Program Recommendation: 1. That Council approve Public Works and Community and Marketing Services Departments to make a submission to the Ontario Municipal Cycling Infrastructure Program to the Ontario Ministry of Transportation by August 6, 2015; Page 1 of 49

2 Special Council Agenda July 27, :00 PM Page 2. That Council endorse the inclusion of the following for the Town of Whitby s Expression of Interest submission to the Ontario Municipal Cycling Infrastructure Program (OMCIP); o paved shoulders on Ashburn Road from Townline Road to Myrtle Road, Brawley Road to Columbus Road, South Limit of Highway 407 to Spencers Road (Heber Down Conservation Area Entrance); o bike lane pavement marking and signage on Ashburn Road from Winchester Road to Columbus Road; and, o asphalt trail within Heber Down Conservation Area and Cullen Central Park between Ashburn Road and Cochrane Street. 3. That the Town s request be for the maximum provincial funding contribution of $325,000; and, 4. That subject to the Town being approved for funding that staff report back on the budget requirements and implementation plan as outlined within this report. 2.4 Corporate Services Department and Community and Marketing Services Department Joint Report, CS Re: Natural Gas Generator at Brooklin Community Centre and Library and the Replacement of the Back-up Generator at Whitby Fire Station #2 (T ) Recommendation: 1. That the Town of Whitby accept the low tender of Ferguson Electric Company Ltd. in the amount of $324, (excluding taxes) to complete the supply and installation of one natural gas generator at the Brooklin Community Centre and Library and the replacement of the back-up generator at Whitby Fire Station #2; 2. That an over-expenditure in the amount of $29, be approved and funded from one time reserves; 3. That the total estimated project cost in the amount of $356, be approved; and, 4. That the Mayor and Clerk be authorized to execute the required documents. 2.5 Corporate Services Department and Community and Marketing Services Department Joint Report, CS Re: Exterior Maintenance Centre Street South, Whitby Land Registry Office (T ) Recommendation: 1. That the Town of Whitby accept the low tender as received from Ont. Inc., O/A Snyder Construction in the amount of $67, (excluding taxes) to complete exterior maintenance at the Page 2 of 49

3 Special Council Agenda July 27, :00 PM Page Whitby Land Registry Office; 2. That the total estimated project cost in the amount of $76, be approved; and, 3. That the Mayor and Clerk be authorized to execute the required documents. 2.6 Public Works Department and Corporate Services Department Joint Report, CS Re: Carnwith Drive Bump-Outs and Bike Lanes (T ) Recommendation: 1. That Council approve an additional budget of $130,000.00, financed $64,805 from Development charges and $65,195 from one-time funds to construct Carnwith Drive bump-outs and bike lanes; 2. That Council authorize staff to award the Carnwith Drive bump outs and bike lanes to the lowest compliant bidder provided total cost is within, or does not exceed by more than 10%, the approved budget allocations; and, 3. That the Mayor and Clerk be authorized to execute the contract documents. 3. By-Laws That the following by-laws be passed: 3.1 By-law # , being a by-law to appoint Shrishma Dave as Acting Deputy Clerk 3.2 By-law # , being a by-law to appoint Susan Cassel as Deputy Clerk 3.3 By-law # , being a by-law to amend the Building By-law # , a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors Confirmatory By-law 5. Adjournment Page 3 of 49

4 Agenda Item # 2.1 Town of Whitby Report Date of meeting: July 27, 2015 Department: Planning and Development Department Report Number: PL File Number(s): SP Report Title: Site Plan Agreement Amendment, Farhan Khan, 29 Shepherd Road 1. Recommendation: That Council approve an amendment to the registered site plan agreement to permit the installation of a swimming pool and associated fencing within the established 6 metre access allowance. That the applicant be responsible for the costs associated with the preparation and registration of an amendment on title. 2. Executive Summary: As a condition of approval for the construction of the dwelling at 29 Shepherd Road, no buildings or structures, including swimming pools, would be allowed within the 6m access allowance required by the Central Lake Ontario Conservation Authority (CLOCA). The owner of 29 Shepherd has requested permission to install a swimming pool within the 6 metre access allowance. The owner has submitted a revised Geotechnical Investigation Report which has been accepted by CLOCA to allow a swimming pool within the 6 metre access allowance. An amendment to the existing Site Plan Agreement is required to be registered on title to amend the wording to allow a swimming pool and associated fencing within the 6 metre access allowance. 3. Origin: The property owner of 29 Shepherd Road, Farhan Khan, has requested to amend the Site Plan Agreement in order to permit him to construct a swimming pool within the 6 metre access allowance required by CLOCA. Report number: PL Page 1 of 4 Page 4 of 49

5 Agenda Item # Background: A Site Plan Application (SP-17-10) was submitted in 2010 in order to construct two new single detached dwellings at 29 Shepherd Road on two new lots created through a Land Division Application (LD 008/2011). The site is subject to Ontario Regulation 42/06 which requires written permission from the conservation authority prior to the installation of the swimming pool. The site plan agreement registered on title, includes the conditions of approval for the dwelling unit which are as follows: that any buildings and/or structures are prohibited within the six (6) metre dimension from the established stable slope as shown on Schedule D ; any tree or vegetation removal or dumping of yard waste beyond the topof-bank of the valley is prohibited; all roof and where possible yard drainage be discharged to the front lawn area; the top soil cut operation be completed and verified by an Ontario Land Surveyor or other qualified person on a survey prior to the issuance of a building permit for each lot. This recognizes that the reduced hazard limit determined by Golder and Associates will only occur once the cutting has been completed; the cut area is to be re-vegetated and stabilized immediately upon completion of the grading works. The location of the buildings and the access allowance was determined by the applicant s environmental consultant in a Geotechnical Investigation Report which was reviewed and accepted by CLOCA. The dwellings were constructed to the edge of the 6 metre access allowance with no further construction permitted within the rear yards, as registered on title in Site Plan Agreement. The applicant has submitted a revised Geotechnical Investigation Report to CLOCA which has been approved to permit a swimming pool and associated fencing in the rear yard. 5. Discussion/Options: CLOCA has agreed to the installation of a swimming pool and associated fencing within the 6 metre access allowance, as shown on Attachment #2. Staff recommend the following amendment to Section 17 CLOCA Conditions of the registered Site Plan Agreement, identified in bold: that any buildings and/or structures are prohibited within the six (6) metre dimension from the established stable slope as shown on Schedule D, with the Report number: PL Page 2 of 4 Page 5 of 49

6 Agenda Item # 2.1 exception of a swimming pool and associated fencing as approved by CLOCA. 6. Public Communications/Plan: Not applicable. 7. Considerations: 7.1. Public Not applicable Financial Staff recommend that the applicant be responsible for the cost to register an amendment to the existing Site Plan Agreement on title Impact on and input from other Departments/Sources The Central Lake Ontario Conservation Authority has advised that they can support the request for a swimming pool, based on the information submitted by the owner to CLOCA. The Legal and Human Resource Services Department has advised that a pool enclosure permit can be issued upon completion of the following: Address the site plan agreement condition which prohibits the construction of any buildings/structures on the property with the Central Lake Ontario Conservation Authority (CLOCA) and satisfy any conditions CLOCA may have in order to consider removing the condition (this is the sole discretion of CLOCA, not the Town of Whitby s); Amend and register a revised site plan agreement on the title of the property, paying any and all applicable costs; Obtain a letter of approval from CLOCA stating that they have no concerns with the installation of a pool on this property; and File a complete pool enclosure permit application, including the letter of approval from CLOCA with the Town of Whitby, By-law Services Division Corporate and/or Department Strategic Priorities Not applicable. 8. Summary and Conclusion: That Council approve an amendment to the conditions of approval for the Conservation Authority to allow a swimming pool and associated fencing within the 6 metre access allowance, and that the owner be responsible for the cost to register an amendment on title. Report number: PL Page 3 of 4 Page 6 of 49

7 Agenda Item # 2.1 The recommended wording for the amendment is as follows: that any buildings and/or structures are prohibited within the six (6) metre dimension from the established stable slope as shown on Schedule D, with the exception of a swimming pool and associated fencing as approved by CLOCA. Prior to any installation of the swimming pool, the applicant is required to satisfy the following: Address the site plan agreement condition which prohibits the construction of any buildings/structures on the property with the Central Lake Ontario Conservation Authority (CLOCA) and satisfy any conditions CLOCA may have in order to consider removing the condition; Amend and register a revised site plan agreement on the title of the property, paying any and all applicable costs; Obtain a letter of approval from CLOCA stating that they have no concerns with the installation of a pool on this property; and File a complete pool enclosure permit application, including the letter of approval from CLOCA with the Town of Whitby, By-law Services Division. 9. Attachments: Attachment #1: Location Sketch Attachment #2: Site Plan For further information contact: Robert B. Short, x4309 Original Approved and Signed. Robert B. Short, Commissioner of Planning, x4309 Original Approved and Signed. Robert Petrie, Chief Administrative Officer, x2211 Report number: PL Page 4 of 4 Page 7 of 49

8 Agenda Item # 2.1 Attachment #1 PL Subject Land Town of Whitby Planning and Development Department Applicant File # Date Farhan Khan SP July 2015 Page 8 of 49

9 Agenda Item # 2.1 PL Page 9 of 49

10 Agenda Item # 2.2 Town of Whitby Report Date of meeting: July 27, 2015 Department: Planning and Development Department Report Number: PL File Number(s): S (MR-01-07) Report Title: Removal of Draft Condition Number 27 from the Draft Conditions dated June 25, 2007 for Northcrest Homes Inc. now known as Luvian Homes (Taunton and Thickson) Limited 1. Recommendation: That Council approve the removal of Condition Number 27 from the Draft Subdivision Conditions dated June 25, 2007; and, That the Region of Durham Commissioner of Planning be advised of Council s decision. 2. Executive Summary: A request to remove condition number 27 from the draft subdivision conditions dated June 25, 2007 has been submitted by Luvian Homes on behalf of Northcrest Homes Inc. Condition number 27 requires the Subdivider to install a cedar hedgerow along the north side of lot 21 on 40M-2403 (see Attachment #1). Due to the existing topography related to grading and drainage, it is not possible to install a cedar hedgerow adjacent to the existing fence. The property owners abutting lot 21 have been advised that the cedar hedgerow cannot be installed and do not object to the removal of the condition. 3. Origin: The Subdivider is requesting that condition number 27 be deleted from the draft conditions dated June 25, Report number: PL Page 1 of 8 Page 10 of 49

11 Agenda Item # Background: As part of the subdivision approval for Bradford Court a condition of draft approval included the installation of a cedar hedgerow along the north side of lot 21 on 40M-2403 (see Attachment #1). The Subdivider s engineer, GHD, has provided documentation showing the existing grading conditions between the interior lot line of lot 21 and two (2) property owners that front on Mansfield Crescent which is their rear yard (see Attachment #2). As shown on Attachment #2, it is not possible to install a cedar hedgerow given the topographic conditions. The adjacent residential owners to the proposed cedar hedgerow have been contacted advising that the cedar hedgerow cannot be installed. Attachment #3 provides the required release from the property owners. 5. Discussion/Options: The Planning and Development Department recommends that condition number 27 requiring a cedar hedgerow be deleted from the approved draft subdivision conditions as the installation of the hedgerow is not feasible. 6. Public Communications/Plan: The property owners abutting lot 21 on plan 40M-2403 have been advised by the Developer that the cedar hedgerow will not be installed. 7. Considerations: Public Not Applicable Financial Not Applicable Impact on and input from other Departments/Sources Not Applicable Corporate and/or Department Strategic Priorities Not Applicable 8. Summary and Conclusion: The Planning and Development Department recommends that Council approve the removal of condition number 27 from the draft subdivision conditions dated June 25, 2007 in accordance with the following conditions of approval: Report number: PL Page 2 of 8 Page 11 of 49

12 Agenda Item # 2.2 Conditions of Approval (Amendment #1) That condition number 27 of the draft subdivision conditions dated June 25, 2007 be deleted; That the Commissioner of Planning issue the Notice of Decision subsequent to Council approval; That all other conditions of draft approval as originally adopted by Council shall apply; The revised conditions of Draft Approval for S (MR-01-07) are provided below: Conditions of Draft Plan Approval (as amended) Luvian Homes (Taunton and Thickson) Limited (S ) (MR-01-07) Part of Lot 18, Concession 1 Town of Whitby 1. The Subdivider shall prepare the final plan on the basis of the approved plan of subdivision, prepared by Sernas Associates, identified as project number dated January, 2007, which illustrates 12 single detached lots with minimum 12 metre frontages, 9 single detached lots with minimum 10.5 metre frontages, and various blocks for open space and reserves. 2. The Subdivider shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Town of Whitby. 3. The Subdivider shall convey all other required site triangles and shall terminate any deadends and/or open sides of road allowances created by this draft plan in 0.3 metre reserve(s) to be conveyed to the Town of Whitby. 4. The Subdivider shall submit plans showing the proposed phasing to the Region and the Town of Whitby for review and approval if this subdivision is to be developed by more than one registration. 5. The Subdivider shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 6. The Subdivider shall apply to the Town of Whitby and obtain area municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 7. The Subdivider shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Subdivider shall provide for the extension of sanitary sewer and water supply facilities within Report number: PL Page 3 of 8 Page 12 of 49

13 Agenda Item # 2.2 the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 8. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plan and water supply plan capabilities are available to the proposed subdivision. 9. The Subdivider shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Subdivider and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 10. That the Subdivider submit to the City of Oshawa, the engineering drawings for those services proposed to be located on City lands, for review and approval by the Department of Development Services. 11. That the Subdivider submit to the City of Oshawa, a subdivision grading plan and an erosion and sedimentation control plan, for review and approval by the Department of Development Services. 12. That prior to final acceptance of the services constructed on City owned lands, the Subdivider will provide to the City of Oshawa a Professional Engineer s Completion Certificate that states that the stormwater pond and the stormwater measures have been constructed as recommended in the approved Stormwater Management Report and in conformity with the approved engineering drawings/grading plans. 13. That the City of Oshawa grant appropriate easements to the Region of Durham and the Town of Whitby and authorize any work required for utilities, stormwater management and servicing on City owned lands necessitated by the development of the plan in locations to the satisfaction of the Department of Development Services provided the Subdivider has met all requirements of the City, financially or otherwise, including the cost of any survey work. 14. That the Town of Whitby be responsible, financially or otherwise, for the ownership and future maintenance of all stormwater management measures constructed on City owned lands related to the proposed subdivision and future restoration planting related to this future maintenance to the satisfaction of the City. Report number: PL Page 4 of 8 Page 13 of 49

14 Agenda Item # That the Subdivider shall have a Landscape Architect prepare a tree/vegetation protection/restoration plan for City owned lands to the satisfaction of the City and the plan shall be coordinated with the engineering/grading plans; a statement from a Landscape Architect shall certify that measures employed are appropriate to promote preservation and the Subdivider shall install all restoration planting on City owned lands to the satisfaction of the City. Prior to the City inspecting any restoration planting the Subdivider shall forward a Landscape Architects Certificate certifying that all planting has been completed in accordance with the approved plan. 16. That the Subdivider deposit with the Town of Whitby a public lands damage deposit and monetary security satisfactory to the City, to ensure that the public lands owned by the City are not damaged and that vegetation preservation/restoration planting, in accordance with approved conditions and plans, are carried out to the satisfaction of the City. 17. That the Town of Whitby s subdivision agreement administer, insure, warranty and financially secure all required works and restoration landscaping on City owned lands to the satisfaction of the City. The Town shall also be required to inspect all engineering works/services. 18. That the Subdivider pay the City for the right to encumber City lands with services in an amount satisfactory to the Director of Economic Development and Real Estate Services. 19. That prior to any on-site grading or construction or final approval of the plan, the Subdivider shall submit to, and obtain approval from, the Central Lake Ontario Conservation Authority for reports describing the following: (a) The intended mean of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with provincial guidelines. The stormwater management facilities must be designed and implemented generally in accordance with the recommendations of the Stormwater Management Report, Ontario Limited prepared by Masongsong Associates Engineering Limited and dated September 2002, however additional detailed recommendations shall be included regarding the provisions of an overland flow/spill route from the pond to Limerick Street such that erosion of the slope, and impacts to private properties down-gradient are avoided (flooding or groundwater seepage), and; assessment of the potential do discharge the pond to the Limerick Street storm sewer immediately east of the pond as opposed to the southern connection shall be investigated and utilized if at all possible. (b) The anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been Report number: PL Page 5 of 8 Page 14 of 49

15 Agenda Item # 2.2 undertaken. (c) The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site. Or other related works, to comply with the Canada Fisheries Act. (d) A landscape/planting/restoration plan for areas along the slope disturbed through construction of the stormwater management pond, its spillway, and sewer easement(s). (e) A letter of authorization from the City of Oshawa accepting the proposed stormwater management works on City Lands. 20. The open space block shall be dedicated to the Town and zoned to prohibit buildings or structures with the exception of those for flood and/or erosion control. 21. With the exception of the area required for the sewer easement(s), the Subdivider shall not remove trees or other vegetation from the sloping lands along the east limit of the site. In this regard a snowfence and siltation control fence shall be erected along the top-of-bank of the slope and maintained until grading of the site is completed. 22. The subdivision agreement between the Subdivider and the Town of Whitby shall contain, among other matters, the following provisions: (a) The Subdivider agrees to develop the site in accordance with the plans/reports/recommendations arising from Condition 19 to the satisfaction of the Central Lake Ontario Conservation Authority. (b) The Subdivider agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. (c) The Subdivider agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to commencement of grading or the initiation of any on-site works. In order to expedite clearance of condition 19, a copy of the fully executed subdivision agreement between the Town of Whitby and Subdivider should be submitted to the Authority. 23. The Subdivider shall be requested to enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions are Report number: PL Page 6 of 8 Page 15 of 49

16 Agenda Item # 2.2 imposed, the Subdivider shall advise the municipality of the arrangement for such servicing. 24. The Subdivider shall grade all streets to final elevation prior to the installation of the gas lines, and provide necessary field survey information required for the installation of gas lines, all to the satisfaction of Enbridge Consumers Gas. 25. That the Subdivider provide a 1.83 metre solid wood acoustical fence along the northern property limits from Powell Road to the eastern limit of the proposed road allowance. 26. The Subdivider shall provide a 1.2 metre high black vinyl chain link fence with no openings along the eastern property line of lots 12 21, and on the south side of lot That a 0.3 metre reserve be placed along the southern and eastern limits of the cul-de-sac bulb. 28. The Open Space/Greenbelt area is to remain in a natural state with limited maintenance. 29. That a cash contribution for cash-in-lieu of parkland of 5% of the total land holdings be provided to the Town. 30. The Subdivider shall prepare and implement the following reports in accordance with the applicable guidelines and to the satisfaction of the agencies noted: Report Town Region CLOCA Oshawa (a) functional servicing (b) soil (c) stormwater management (d) tree preservation plan (e) traffic impact report X X N/A X X N/A N/A N/A X N/A X X X N/A X X X N/A N/A N/A 31. Prior to final approval of the plan for registration, the Town of Whitby shall be advised in writing by: (a) The Regional Municipality of Durham, how conditions 1, 2, 4, 5, 6, 7, 8 and 9 have been satisfied; (b) The Central Lake Ontario Conservation Authority, how conditions 19, 20, 21 and 22 have been satisfied; Report number: PL Page 7 of 8 Page 16 of 49

17 Agenda Item # 2.2 (c) The City of Oshawa, how conditions 10, 11, 12, 13, 14, 15, 16, 17, and 18 have been satisfied; (d) Bell Canada how condition 23 has been satisfied; and (e) Enbridge Consumers Gas how condition 24 has been satisfied. 9. Attachments: Attachment #1 40M-2403 Attachment #2 Attachment #3 Existing topography and Built Form Adjacent property owners release For further information contact: John Austin, x2277 Original Approved and Signed. Robert B. Short, Commissioner of Planning, x4309 Original Approved and Signed. Robert Petrie, Chief Administrative Officer, x2211 Report number: PL Page 8 of 8 Page 17 of 49

18 Agenda Item # 2.2 Attachment #1 40M-2403 PL Required Cedar Hedgerow Town of Whitby Planning and Development Department Applicant: File Number: S Date: July 2015 N Page 18 of 49

19 Agenda Item # 2.2 Attachment #2 PL Page 19 of 49

20 Agenda Item # 2.2 Page 2 Attachment # 2 PL Page 20 of 49

21 Agenda Item # 2.2 Attachment # 3 PL D B UIL D I NG FOR GE N ERATI O N S D Town of Whitby 575 Ross/and Road East Whitby, Ontario L 1 N 2M8 D D Attention: Mr. John Austin D DearSir, Re: Condition 25, Bradford Court Registered Plan 40M-2403 Town of Whitby Luvian Homes (Taunton and Thickson) Limited (Northcrest Homes) requests the deletion of Condition 25 which states as follows: The subdivider shall provide a cedar hedgerow along the north side of Lot 21. Background We understand that during discussions at the Public Meeting and subsequently when the Bradford Court Subdivision was considered for approval by Council, there was concern expressed by the existing area residents on Mansfield Gres. of noise and impedmg site lines affecting their lot. One of the measures adopted was the requirement to install a cedar hedgerow along the north side of the lot 21. Prior to the planting installation, the owners indicated that the hedgerow was not required. The space on the side yard would be too restrictive for accessing the rear yard and would impact on the hand railing existing on the fence and have therefore petitioned to have it eliminated (Please see the signatures on the attached letter). Please further note that the residents on Mansfield Gres. are daughters of the homeowner at 12 Bradford Court (lot 21). Luvian Homes (Taunton and Thickson) Limited (Northcrest Homes) therefore kindly requests Council to support the deletion of Condition 25 of the Draft Plan Approval. Sincerely Yours, Luvian Homes (Taunton and Thickson) Limited Lee Carnovale Cc Lisa Skhut Town of Whitby (By ) Nick Mensink GHD Ltd. (By ) D D D D Page 21 of 49

22 Agenda Item # 2.2 Page 2 Attachment # 3 PL November Ms Lisa Skhut Town of Whitby 575 Rossland Road East Whitby ON L 1 N 2M8 Re: Cedar Hedge Lot 21, Bradford Court, Plan of Subdivision 18T Town of Whitby We have been approached by GHD, the engineers on record for the Bradford Court Subdivision, in the Town of Whitby, to eliminate the cedar hedge that was proposed to be placed at the flank of Lot 21 on Bradford Court at the rear of 26 and 28 Mansfield Crescent (highlighted on the fence schedule attached). We have agreed individually and as a group that the cedar hedge is not required and have chosen not to have it installed as per the original Plan of Subdivision, and the Landscape-Street Tree/Buffer planting, drawing L-02 prepared by DWK Landscape Architect. We understand that by agreeing to not having the cedar hedge installed, the developer will not be required to install the cedar hedge at any time in the future. 12 Bradford Court Name D~ It,701? I 26 Mansfield Crescent la~ol ~oss Name~ Date 28 Mansfield Crescent Da~ Page 22 of 49

23 Agenda Item # 2.3 Town of Whitby Report Report to: Special Meeting of Council Date of meeting: July 27, 2015 Department: Report Number: PW File Number(s): Public Works Department Community and Marketing Services Department STT-CY-1 Report Title: Ontario Municipal Cycling Infrastructure Program 1. Recommendation: That Council approve Public Works and Community and Marketing Services Departments to make a submission to the Ontario Municipal Cycling Infrastructure Program to the Ontario Ministry of Transportation by August 6, 2015; That Council endorse the inclusion of the following for the Town of Whitby s Expression of Interest submission to the Ontario Municipal Cycling Infrastructure Program (OMCIP); a. paved shoulders on Ashburn Road from Townline Road to Myrtle Road, Brawley Road to Columbus Road, South Limit of Highway 407 to Spencers Road (Heber Down Conservation Area Entrance), b. bike lane pavement marking and signage on Ashburn Road from Winchester Road to Columbus Road, and c. asphalt trail within Heber Down Conservation Area and Cullen Central Park between Ashburn Road and Cochrane Street That the Town s request be for the maximum provincial funding contribution of $325,000; and That subject to the Town being approved for funding that staff report back on the budget requirements and implementation plan as outlined within this report. Report to: Special Meeting of Council Report number: PW Page 1 of 9 Page 23 of 49

24 Agenda Item # Executive Summary: On July 3, 2015, the Ontario Ministry of Transportation announced the Ontario Municipal Cycling Infrastructure Program a cost-shared, application-based funding program. The Expression of Interest (EOI) for the OMCIP is due by August 6, If successful, the maximum amount of funds available would be $325,000 with a required minimum contribution by the Town of Whitby of $81,250 (20% of the total project costs). Based on a review of the Town of Whitby Cycling and Leisure Trail Plan, the Greenbelt Cycling Route, discussions with the Town of Ajax and members of the Cycling community, it is recommended that Option 1: Bike Lanes on Ashburn Road (from Townline Road to Spencers Road) and Asphalt Trail within Heber Down Conservation Area and Cullen Central Park be identified as the project to be included in the EOI submission. 3. Origin: Public Works and Community and Marketing Services Joint Report PW originates from a July 3, 2015 announcement by the Ontario Ministry of Transportation that they are requesting Expressions of Interest associated with the Ontario Municipal Cycling Infrastructure Program (OMCIP). 4. Background: The Ontario Ministry of Transportation launched in 2013 a 20-year vision - #CycleON, a strategy to promote cycling as a viable mode of transportation, improve cyclist safety and help make Ontario a premier cycling destination. As part of this strategy, $10 million will be made available through the Ontario Municipal Cycling Infrastructure Program (OMCIP) to help municipalities build or improve cycling infrastructure, such as signed bicycle routes with paved shoulders, separated bicycle lanes with physical barriers, bicycle-only or multi-use paths, and bicycle traffic control devices. Expressions of Interest are open until August 6, The successful applicants will be notified in October The program objectives are: Local cycling networks are better connected, safety is promoted, and cycling is better recognized as a viable mode of transportation; More recreational cycling opportunities and connections for a future provincial cycling network are created, where appropriate; Innovation is encouraged; Research data collected about cycling infrastructure can be used to inform decisions; and Partnerships between municipalities and others to build cycling infrastructure are supported. Report to: Special Meeting of Council Report number: PW Page 2 of 9 Page 24 of 49

25 Agenda Item # 2.3 A few highlighted requirements of the program are below: Only one Expression of Interest may be submitted per Applicant. The most important evaluation considerations will be: degree to which a submission proposes to improve cycling access to common trip destinations, safety will be key. Eligible projects include projects that focus on infrastructure for cycling. Projects that primarily support walking or other modes of transportation will not be considered. Eligible projects must be completed by March 31, 2018; Projects that are identified in a Council-approved plan are more valued since they are more likely to be part of a planned cycling network and the result of a consultation process. The maximum OMCIP funds that can be requested is $325,000 and the minimum municipal contribution is at least 20% ($81,250) of the total eligible project costs. 5. Discussion/Options: Based on the OMCIP objectives, a number of projects were reviewed and evaluated. (see Attachment 1) These projects are all included in the Town of Whitby Cycling and Leisure Trails Plan which was endorsed by Council in Option 1 (Recommended): Bike Lanes on Ashburn Road (from Townline Road to Spencers Road) and Asphalt Trail within Heber Down Conservation Area and Cullen Central Park This project is recommended for the OMCIP expression of interest based on the following rationale: It a vital component of one continuous centralized north-south route within the Town of Whitby from Lake Ontario to Townline Road linking the Greenbelt Cycling Route to the Waterfront Trail. Creates a safe environment on existing roads used for cycling, based on communication with cycling advocates within the Town of Whitby. Provides connections to destinations along the route: Heber Down Conservation Area, Cullen Central Park, Ashburn Park, GO Train Station, Iroquios Park Sports Centre, and Station Art Gallery. Report to: Special Meeting of Council Report number: PW Page 3 of 9 Page 25 of 49

26 Agenda Item # 2.3 The entire route is 20.0 kilometres long and located within the Council-endorsed 2010 Cycling and Leisure Trails Plan. It is recommended that the following components be included in the Expression of Interest submission: Ashburn Road Townline to Heber Down Conservation Area/Hydro Corridor located just north of Spencers Road This segment is 9.5 km long and consists of both urban and rural paved bike lanes. Within this segment 3.1km is existing bike lanes between Brawley Road and Myrtle Road and within the Highway 407 structure (south of Winchester Road). The section between Winchester Road and Columbus Road (1.8km long) requires pavement markings and signage as there is adequate pavement width to accommodate bike lanes. The remaining 4.6km will require rural road resurfacing including paved shoulders for the bike lanes. The bike lane portion of the following road sections: Myrtle Road to Townline Road, Columbus Road to Brawley Road, and south of the Highway 407, will cost approximately $500,000 and are currently forecasted for It is recommended that this work be included in the 2016 capital budget. Please note that the northern section of Ashburn Road between Townline Road and Myrtle Road is part of the Greenbelt Cycling Route the Waterfront Regeneration Trust and Friends of the Greenbelt Foundation developed a new cycling route connecting communities throughout the Greenbelt (Northumberland to Niagara). Heber Down Conservation Area & Cullen Central Park West along Hydro Corridor, south on existing Cullen Central Park driveways entrance, to Cochrane Street just north of Taunton Road This segment is 3.8km long and consists of converting existing gravel trails within the Heber Down Conservation Area, Hydro Corridor and Cullen Central Park to asphalt surfaces and with access points at Ashburn Road and Cochrane Street. These trail projects will cost approximately $450,000 and are currently forecasted for 2021 and If successful in OMCIP funding, it is recommended that the staff advance $125,000 within the 2017 capital budget to completed the asphalt trail within Heber Down Conservation Area and Cullen Central Park. To complete the north-south route also includes the following components, but not proposed to be included in the Expression of Interest submission and will be completed at a later date or by others. Cochrane Street/Regional Road 43/Annes Street Taunton Road to Burns Street. This segment consists of the following: o Cochrane Street between Taunton Road and Rossland Road is a Town road and has existing bike lanes. Report to: Special Meeting of Council Report number: PW Page 4 of 9 Page 26 of 49

27 Agenda Item # 2.3 o Cochrane Street (Regional Road 43) between Rossland Road and Dundas Street is a Regional road and is a part of the primary cycling network in the Region of Durham Cycling Plan (report 2012-J-37). The Region has plans to reconstruct Cochrane Street in a multi-phase approach, with the first phase between Dundas Street and Ferguson Street forecasted for 2016 construction. The reconstruction of the roadway is designed to accommodate on street bike lanes, matching existing Town cycling facilities north of Rossland Road. Annes Street between Burns Street and Dundas Street is 0.9km long and requires pavement markings and signage as there is adequate pavement width to accommodate bike lanes. This work will cost approximately $25,000 and is forecasted in Burns Street Annes Street to Henry Street (Regional Road 45). This segment consists of 414m of existing bike lanes. Henry Street/Watson Street Burns Street to Waterfront Trail near Marina Entrance Henry Street (Regional Road 45) is currently under construction by Durham Region between Dundas Street and Arthur Street (just north of the Highway 401 structure). As part of this project, bike lanes will be installed. Construction is anticipated to be completed by The Highway 401 structure at Henry Street is forecasted for replacement by the Ontario Ministry of Transportation, commencing in This will be a multi-phase project that allows for the maintenance of traffic during construction. Through coordination with Town, Region and MTO staff, this structure will include pedestrian facilities on both sides and bike lanes across Highway 401. Staff also looked at a number of other options and do not recommend that they form the submission to the OMCIP for the reasons outlined below. These options include the following (see Attachment 1): Option 2: Ajax-Whitby Connection: Taunton Road Multi-Use Path (South Side) This project connects existing infrastructure (multi-use paths on the south side of Taunton Road-Regional Road 4) within both the Town of Ajax and the Town of Whitby. The Whitby portion of this project would include an extension of the existing multi-use path from Baycliffe Drive to Lake Ridge Road. The section between Coronation Road and Baycliffe Drive (existing west limit) is forecasted in the 2015 Town of Whitby Capital Budget for construction in 2017, in line with the anticipated construction of West Whitby. However, as this is a growth related project and would be financed primarily from Development Charges, this project is not recommended for the OMCIP Expression of Interest. Staff at the Town of Ajax are of the same opinion. Report to: Special Meeting of Council Report number: PW Page 5 of 9 Page 27 of 49

28 Agenda Item # 2.3 Option 3: Downtown Whitby and Downtown Brooklin Opportunities Based on the Town of Whitby s Council s Goals for , Staff are recommending that a re-evaluation of the cycling Infrastructure identified in the 2010 Cycling and leisure Trails Plan be undertaken through the proposed 2016 Update to the Plan. As such, this project is not recommended for the OMCIP Expression of Interest at this time. Option 4: Pedestrian Structure between Victoria Fields and Iroquois Sports Park This project includes a pedestrian structure over Victoria Street (Regional Road 22) to connect Iroquios Park Sports Centre to Victoria Fields. However, as this is a growth a related project it would be financed primarily from Development Charges. In addition, the Victoria Fields redevelopment requires the completion of a Master Plan, which has not been completed. To meet the requirements for the OMCIP funding, the project must be completed prior to March 31, 2018 and therefore this project is not recommended for the OMCIP Expression of Interest. Option 5: Waterfront Trail Maintenance between South Blair Street and East Town Limit Located within the Waterfront Trail, are two structures and a section of the asphalt path which require maintenance and replacement due to condition and accessibility barriers for some user types. The existing steel grate, multiple span steel beam pedestrian bridge is located on the Waterfront Trail between Forbes Street and Boundary Road, east of the Corbett Creek Water Pollution Control Plant Entrance. This structure spans approximately 95 metres, has a deck width of 1.8 metres and was constructed in The existing steel grate surface is a barrier to some users depending on the wheel size (i.e. skate boarding or roller blading) and does not meet the new accessibility requirements. In addition, the structure is not currently designed to accommodate maintenance vehicles. This project is not currently forecasted within the 2015 Capital Budget and the replacement value is estimated at $1,000,000. The existing wooden plank boardwalk structure is located approximately 400 metres west of Boundary Road along the Waterfront Trail. This structure spans approximately 145 metres, has a deck width of 2.4 metres and was constructed in The structure is not currently designed to accommodate maintenance vehicles. This project is not currently forecasted within the 2015 Capital Budget and the replacement value is estimated at $250,000. Between South Blair Street and Boundary Road, the Waterfront Trail requires maintenance due to the poor condition of the existing asphalt trail. The pavement is nearing the end of the life span and is showing signs of failure, cracking and deteriorating. This project is currently forecasted for 2022 and 2023 within the 2015 Capital Budget and the replacement value is estimated at $571,000. Report to: Special Meeting of Council Report number: PW Page 6 of 9 Page 28 of 49

29 Agenda Item # 2.3 This project meets the program objectives as it is entirely located within Canada s Great Lakes Waterfront Trail, stretching over 1400km along the Canadian shores of Lake Ontario, Lake Erie, Lake St. Clair and the Niagara, Detriot and St. Lawrence Rivers. It connects 68 communities and over 405 parks. However, the nontraditional pedestrian structures require extensive detailed engineering designs and environmental approvals associated with the impacts to Corbett Creek. These aspects of the project could potentially delay the construction timing and jeopardize the OMCIP deadline of March 31, Therefore this project is not recommended for the Expression of Interest. 6. Public Communications/Plan: N/A 7. Considerations: 7.1. Public Members of the cycling Community within the Town of Whitby were consulted during this process Financial As part of the Ontario Municipal Cycling Infrastructure Program, the Municipality is required to pay a minimum 20% of the overall project costs. The proposed EOI submission will cost approximately $950,000 of which a maximum contribution of the OMCIP is $325,000. The remaining portion outside the maximum OMCIP contribution would meet the minimum requirement of the municipality of 20% of the total eligible project costs. The balance of funding is currently in the Town s 10 Year Capital Budget. If successful, staff would recommend adjustments to the trails budget to meet the financial requirements of the program Impact on and input from other Departments/Sources Staff from the Public Works, Community and Marketing Services, Corporate Services Departments and Town of Ajax have worked jointly throughout the preparation of this report Corporate and/or Department Strategic Priorities Council Goals : 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 and job creators; and to focus new growth around the principles of strong, walkable and complete neighbourhoods that offer mobility choices. Report to: Special Meeting of Council Report number: PW Page 7 of 9 Page 29 of 49

30 Agenda Item # Summary and Conclusion: That Council approve Public Works and Community and Marketing Services to submit an Expression of Interest for to the Ontario Muncipal Cycling Infrastructure Program to the Ontario Ministry of Transportation by August 6, 2015; That Council endorse the inclusion of the following for the Town of Whitby s Expression of Interest submission to the Ontario Municipal Cycling Infrastructure Program (OMCIP); a. paved shoulders on Ashburn Road from Townline Road to Myrtle Road, Brawley Road to Columbus Road, South Limit of Highway 407 to Spencers Road (Heber Down Conservation Area Entrance), b. bike lane pavement marking and signage on Ashburn Road from Winchester Road to Columbus Road, and c. asphalt trail within Heber Down Conservation Area and Cullen Central Park between Ashburn Road and Cochrane Street. That the Town s request be for the maximum provincial funding contribution of $325,000; and That subject to the Town being approved for funding that staff report back on the budget requirements and implementation plan as outlined within this report. 9. Attachments: 1. Map of Options Considered for OMCIP Expression of Interest Report to: Special Meeting of Council Report number: PW Page 8 of 9 Page 30 of 49

31 Agenda Item # 2.3 For further information contact: Mike May, Project Engineer, x2249 Greg Hardy, Manager of Engineering and Infrastructure Services, x2259 Aimee Pugaoo, Parks Planner II, x7419 Steve Edwards, Manager of Parks, Marina & Long Range Planning, x7424 Original Approved and Signed. Brent Rice, Acting Commissioner of Public Works, x4311 Original Approved and Signed. Peter LeBel, Commissioner of Community and Marketing Services, x4319 Original Approved and Signed. Robert Petrie, Chief Administrative Officer, x2211 Report to: Special Meeting of Council Report number: PW Page 9 of 9 Page 31 of 49

32 Agenda Item # 2.3 Waterfront Trail Page 32 of 49

33 Agenda Item # 2.3 Greenbelt Cycling Route Page 33 of 49

34 Agenda Item # 2.4 Town of Whitby Report Report to: Council Date of meeting: July 27, 2015 Department: Report Number: CS File Number(s): Corporate Services Department Community and Marketing Services Department T Report Title: Natural Gas Generator at Brooklin Community Centre and Library and the Replacement of the Back-up Generator at Whitby Fire Station #2 1. Recommendation: That the Town of Whitby accept the low tender of Ferguson Electric Company Ltd. in the amount of $324, (excluding taxes) to complete the supply and installation of one natural gas generator at the Brooklin Community Centre and Library and the replacement of the back-up generator at Whitby Fire Station #2; That an over-expenditure in the amount of $29, be approved and funded from one time reserves; That the total estimated project cost in the amount of $356, be approved; and, That the Mayor and Clerk be authorized to execute the required documents. 2. Executive Summary: The tender was issued for all labour, material and equipment necessary to complete the supply and installation of a natural gas generator at the Brooklin Community Centre and Library and the replacement of the back-up generator at Whitby Fire Station #2. Staff reviewed the four (4) bids received for the aforementioned tender. Three (3) bids received were non- compliant as they did not meet the mandatory bid Report number: CS Page 1 of 4 Page 34 of 49

35 Agenda Item # 2.4 submission requirements. The bid as submitted by Ferguson Electric Company Ltd. meets all of the specifications as outlined in the tender and reference checks conducted were all favourable. The contract work is scheduled to start August 18, 2015 with a contract duration of two (2) weeks per location. 3. Origin: The Town of Whitby s Purchasing Policy states that goods and services with an estimated total purchase price greater than $50, must be issued as a Tender (or Request for Proposal) and is subject to Council approval. 4. Background: The generator installation at the Brooklin Community Centre and Library is part of the Fire and Emergency Services Department backup Emergency Operations Centre initiative. The generator at Fire Station #2 is at the end of its life cycle and is being upgraded in size to power the entire building in the event of an emergency. 5. Discussion/Options: Tenders were received until 2:00:00 pm, Thursday, June 25, The tender was advertised in the Whitby This Week newspaper, on the OPBA website, the Town of Whitby website and Biddingo. Based on the provision of all labour, materials and equipment necessary to complete the supply and installation of one (1) natural gas generator at the Brooklin Community Centre and Library and the replacement of the back-up generator at Fire Station #2, the following compliant bid was received: Bidder Tender Amount Ferguson Electric Company Ltd. $324, Based on the review of the tender bids and reference checks, it is recommended that the contract be awarded to Ferguson Electric Company Ltd. 6. Public Communications/Plan: Posted signage notifying the public prior to the start of the project and identifying possible inconveniences. 7. Considerations: 7.1. Public n/a Report number: CS Page 2 of 4 Page 35 of 49

36 Agenda Item # Financial Project Financial Breakdown Amount Tender Amount $324, HST $42, Total Contract Amount $366, Rebate ($40,832.90) Total Cost $325, Contingency $20, Utilities $10, Total Project Cost $356, The total estimated project cost in the amount of $356, is not within the funding of $327,000 available for this work in the approved 2015 capital budget. Staff are requesting an over expenditure in the amount of $29, be approved and funded through one time reserves. The over-expenditure is attributed to the incremental costs for utility upgrades through Enbridge and the contingency reserve is for any unforeseen matters Impact on and input from other Departments/Sources The Community and Marketing Services and Corporate Services Departments worked jointly throughout the tendering process and throughout the preparation of this report. Corporate and/or Department Strategic Priorities The proposed project is consistent with the Council Goals for 2014 to Goal 3. To continue the Whitby tradition of responsible financial management and respect for the taxpayers; and to understand the importance of affordability to a healthy, balanced community. 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 preforming the required work, subject to requisite approvals and subject to the approval of Council. 9. Attachments: n/a Report number: CS Page 3 of 4 Page 36 of 49

37 Agenda Item # 2.4 For further information contact: Steve Moore, Supervisor of Facilities Mechanical Services, x7125 or Kellie Dickson, Senior Buyer, x2438 or Deanna Young, Manager of Operations Capital Projects, x7137 Original Approved and Signed. Ken Nix, Commissioner of Corporate Services/Treasurer, x4314 Original Approved and Signed. Peter LeBel, Commissioner of Community and Marketing Services, x4319 Original Approved and Signed. Robert Petrie, Chief Administrative Officer, x2211 Report number: CS Page 4 of 4 Page 37 of 49

38 Agenda Item # 2.5 Town of Whitby Report Report to: Council Date of meeting: July 27, 2015 Department: Report Number: CS File Number(s): Corporate Services Department Community and Marketing Services Department T Report Title: Exterior Maintenance Centre Street South, Whitby Land Registry Office 1. Recommendation: That the Town of Whitby accept the low tender as received from Ont. Inc., O/A Snyder Construction in the amount of $67, (excluding taxes) to complete exterior maintenance at the Whitby Land Registry Office; That the total estimated project cost in the amount of $76, be approved; and, That the Mayor and Clerk be authorized to execute the required documents. 2. Executive Summary: The tender was issued for all labour, material and equipment necessary to complete exterior maintenance at the former Land Registry Office (LRO). The work includes masonry repairs (brick replacement, mortar cut-out, and repointing), foundation repairs, replacement of broken windows, re-grading of the soils around the building to promote better water diversion, and caulking around the existing window openings. Also included is painting of exterior windows, wood enclosures, metal sunshade and support structures. Staff reviewed the two (2) bids received for the aforementioned tender. The bid as received from Snyder Construction meets all of the specifications as outlined in the tender and references checks conducted were all favourable. Therefore, staff recommends the acceptance of the bid as submitted by Ont. Inc., O/A Snyder Construction. Report number: CS Page 1 of 4 Page 38 of 49

39 Agenda Item # 2.5 The expected start date for this contract would be August 10, 2015 with a contract duration of five (5) weeks. 3. Origin: The Town of Whitby s Purchasing Policy states that goods and services with an estimated total purchase price greater than $50, must be issued as a Tender (or Request for Proposal) and is subject to Council approval. 4. Background: The former Land Registry Office was built in three distinct phases. The original building was built in In 1929, the building was extended to the east with a structural brick addition that included a small, flat roofed washroom wing on the north and south facades. The principle façade of the original LRO building was completely demolished to accommodate the addition, reducing the building s historic visual presence on the street. In , a flat roofed, steel-framed addition was built to the south, more than doubling the floor space of the building. It has a completely independent, off-set foundation that carries the structural steel frame system. A small, flat roofed mechanical room was also added to the north façade at this time. The former Land Registry Office located at 400 Centre Street was purchased by the Town of Whitby in The building is in fair condition. Visual analysis has determined deteriorated masonry on the exterior of the1873 and 1929 sections of the building, mortar deterioration, spalled brick and environmental staining. Poorly maintained attachments such as light fixtures, guy wires and signage have caused damage and staining of the masonry and rusted fasteners are present on all parts of the building. Damage to interior finishes in the 1929 section appears to have been caused by past roof failures. Prior to the Town s ownership of the building in 2012, Taylor Hazell Architects was engaged by Infrastructure Ontario to prepare a highlevel Conservation Plan and updated Statement of Heritage Value for the former Land Registry Office. The Conservation Plan formed the basis for the exterior maintenance tender. 5. Discussion/Options: Bids for this tender were received until 2:00:00 p.m. Tuesday, July 7, The tender was advertised in the Whitby This Week newspaper, on the Ontario Public Buyers Association website and on Biddingo. Based on the provision of all labour, materials and equipment necessary to complete the exterior works, the following compliant bids were received: Report number: CS Page 2 of 4 Page 39 of 49

40 Agenda Item # 2.5 Bidder Tender Amount Ont. Inc. o/a Snyder Construction $67, Limen Group Construction Ltd. $155, Based on the review of the tender bids and reference checks, it is recommended that this contract be awarded to Ont. Inc. O/A Snyder Construction. 6. Public Communications/Plan: n/a 7. Considerations: Public n/a Financial Project Financial Breakdown Amount Tender Amount $67, HST $8, Total Contract Amount $76, Rebate ($7,609.48) Total Cost $68, Contingency $8, Total Project Cost $76, The total estimated project cost of $76, is within the funding of $150, available for this work in the 2015 capital budget. The contingency is reserved for any unforeseen matters. The 2015 Capital Budget for the LRO incorporates a number of projects necessary to remediate the exterior structure, including the works identified in this tender. The remaining budget of $73, is required for these works that are still to be procured Impact on and input from other Departments/Sources The Community and Marketing Services and Corporate Services Departments worked jointly throughout the tendering process and throughout the preparation of this report. Report number: CS Page 3 of 4 Page 40 of 49

41 Agenda Item # Corporate and/or Department Strategic Priorities The proposed project is consistent with the Council Goals for 2014 to Goal 3. To continue the Whitby tradition of responsible financial management and respect for the taxpayers; and to understand the importance of affordability to a healthy, balanced community. 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 preforming the required work, subject to requisite approvals and subject to the approval of Council. 9. Attachments: n/a For further information contact: Deanna Young, Manager of Facilities Capital Projects, x7137 or Kellie Dickson, Senior Buyer, x2438 Original Approved and Signed. Ken Nix, Commissioner of Corporate Services/Treasurer, x4314 Original Approved and Signed. Peter LeBel, Commissioner of Community and Marketing Services, x4319 Original Approved and Signed. Robert Petrie, Chief Administrative Officer, x2211 Report number: CS Page 4 of 4 Page 41 of 49

42 Agenda Item # 2.6 Town of Whitby Report Report to: Council Date of meeting: June 22, 2015 Department: Report Number: CS File Number(s): Public Works Department Corporate Services Department T Report Title: Carnwith Drive Bump-Outs and Bike Lanes 1. Recommendation: 1. That Council approve an additional budget of $130,000.00, financed $64,805 from Development charges and $65,195 from one-time funds to construct Carnwith Drive bump-outs and bike lanes. 2. That Council authorize staff to award the Carnwith Drive bump outs and bike lanes to the lowest compliant bidder provided total cost is within, or does not exceed by more than 10%, the approved budget allocations; 3. That the Mayor and Clerk be authorized to execute the contract documents. 2. Executive Summary: Through Public Works Report PW 19-15, Council approved the construction of bump-outs on Carnwith Drive at Watford Street and Croxall Boulevard in addition to bike lanes and lane narrowing between Vallance Way and Downey Drive. During the detailed engineering design stage of the recommended option along Carnwith Drive, it was determined that the initial cost estimate of $123,500 was much lower than required in order to complete the proposed works. As such, staff are requesting that Council approve additional budget of $130, for a total project cost of $253, In addition, due to an error during the tendering process, the tender has been reissued, however the works are still proposed to be completed prior to school commencement in September As such, it is requested that Council authorize staff to award the tender to the lowest compliant bidder provided the Report number: CS Page 1 of 4 Page 42 of 49

43 Agenda Item # 2.6 total project cost is within or does not exceed by more than 10%, the revised budget allocation. 3. Origin: The Town of Whitby s Purchasing Policy states that goods and services with an estimated total purchase price greater than $50, must be issued as a Tender (or Request for Proposal) and is subject to Council approval. 4. Background: To address resident concerns and support Council s goals for a walkable community that offers all mobility choices, Public Works staff proposed the curb extensions at the intersection of Carnwith Drive and Watford Street, a redesign of Carnwith Drive and Croxall Boulevard to include curb extensions, lane narrowing and an on road bike lane between Vallance Way and Downey Drive. This was endorsed by Council through Public Works Department Report PW As there are a number of schools within the project area, the project was requested to be completed prior to school commencement in September Discussion/Options: During detailed engineering design of the recommended option along Carnwith Drive, it was determined that the initial cost estimate through PW of $123,500 was much lower than a more accurate detailed design estimate of $253,500. This over expenditure can primarily be attributed to: 1. Higher than anticipated tender prices for asphalt items due to uncertainties with the economy/oil prices. 2. Additional scope of work that was originally contemplated (catch basins and storm sewer work, interlocking driveways, etc.) As there are a number of schools within the project area, the project was requested to be completed prior to school commencement in September The approval of the requested anticipated over expenditure, will allow staff to award the project during summer recess and meet this timing requirement. Therefore, it is requested that Council approve an additional budget in the amount of $130,000 and staff to award to the lowest compliant bidder following the retender. Report number: CS Page 2 of 4 Page 43 of 49

44 Agenda Item # Public Communications/Plan: N/A 7. Considerations: 7.1. Public N/A 7.2. Financial It is recommended that Council approve an additional budget amount of $130,000 for a total budget of $253,500.00, financed $64,805 from Development charges and $65,195 from one-time funds for the construction of bump-outs and bike lanes on Carnwith Drive. The total Breakdown is as follows: Report Development Charges One Time Funds Total PW $61, $61, $123, CS $64, $65, $127, Project Cost $253, Impact on and input from other Departments/Sources The Public Works Department and the Corporate Services Department worked jointly throughout the preparation of this report Corporate and/or Department Strategic Priorities Council Goals for the Term 2014 to To enhance the safety of out local streets and neighbourhoods by reducing traffic speeds and impacts through design standards that support traffic-calming and safe speeds across the community. 8. Summary and Conclusion: 1. That Council approve an additional budget of $130,000.00, financed $64,805 from Development charges and $65,195 from one-time funds to construct Carnwith Drive bump-outs and bike lanes. Report number: CS Page 3 of 4 Page 44 of 49

45 Agenda Item # That Council authorize staff to award the Carnwith Drive bump outs and bike lanes to the lowest compliant bidder provided total cost is within, or does not exceed by more than 10%, the approved budget allocations. 3. That the Mayor and Clerk be authorized to execute the contract documents. 9. Attachments: N/A For further information contact: Michael May, Project Engineer, x2249 Greg Hardy, Manager of Engineering and Infrastructure, x2259 Kellie Dickson, Sr. Buyer, x2438 Original Approved and Signed. Brent Rice, Acting Commissioner of Public Works, x4333 Original Approved and Signed. Ken Nix, Commissioner of Corporate Services/Treasurer, x 4314 Original Approved and Signed. Robert Petrie, Chief Administrative Officer, x2211 Report number: CS Page 4 of 4 Page 45 of 49

46 Agenda Item # 3.1 Town of Whitby By-law # Appointment of Acting Deputy Clerk Being a By-law to appoint Shrishma Dave as Acting Deputy Clerk. Whereas Subsection 228(2) of the Municipal Act, S.O 2001, c. 25, as amended, provides that council may appoint a deputy clerk; And whereas the Council of the Corporation of the Town of Whitby considers it desirable to appoint an Acting Deputy Clerk; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General Shrishma Dave is appointed as Acting Deputy Clerk of the Corporation of the Town of Whitby. Shrishma Dave shall assist the Clerk in the performance of the Clerk s duties and responsibilities and shall carry out such other related duties and responsibilities as may be assigned to her from time to time. Shrishma Dave shall act as Deputy Clerk when the Deputy Clerk position is vacant or is unable to carry out the duties through illness or otherwise, and, while so acting, the Acting Deputy Clerk shall have and exercise all the powers and duties of the Deputy Clerk. 2. Effective Date 2.1. The provisions of this by-law shall come into force and take effect on the 27 th day of July, 2015 By-law read and passed this 27th day of July, Don Mitchell, Mayor Debi A. Wilcox, Town Clerk Page 46 of 49

47 Agenda Item # 3.2 Town of Whitby By-law # Appointment of Deputy Clerk Being a By-law to appoint Susan Cassel as Deputy Clerk. Whereas Subsection 228(2) of the Municipal Act, S.O 2001, c. 25, as amended, provides that council may appoint a deputy clerk; And whereas the Council of the Corporation of the Town of Whitby considers it desirable to appoint a Deputy Clerk; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General Susan Cassel is appointed as Deputy Clerk of the Corporation of the Town of Whitby. Susan Cassel shall assist the Clerk in the performance of the Clerk s duties and responsibilities and shall carry out such other related duties and responsibilities as may be assigned to her from time to time. Susan Cassel shall act as Clerk when the Clerk position is vacant or is unable to carry out the duties through illness or otherwise, and, while so acting, the Deputy Clerk shall have and exercise all the powers and duties of the Clerk. 2. Effective Date 2.1. The provisions of this by-law shall come into force and take effect on the 27 th day of July, Repeal of Existing By-law 3.1. By-law # and # are hereby repealed. By-law read and passed this 27th day of July, Don Mitchell, Mayor Debi A. Wilcox, Town Clerk Page 47 of 49

48 Agenda Item # 3.3 Town of Whitby By-law # Building Appointment By-law Being a By-law to amend Building By-law # , a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors Whereas subsection 3(1) of the Building Code Act, 1992, chapter 23, provides that the Council of The Corporation of the Town of Whitby is responsible for the enforcement of the Building Code Act within the Town of Whitby; and Whereas subsection 3(2) of the Building Code Act, 1992, requires that the Council shall appoint a Chief Building Official and such inspectors as are necessary for the enforcement of the Building Code Act within the Town of Whitby; and, Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General 1.1. Schedule A to By-law # is revoked in its entirety and the new Schedule A attached hereto and identified as Schedule A to this by-law is substituted therefore. 2. Effective Date 2.1. The provisions of the by-law shall come into force and take effect on the date of the final passing thereof. By-law read and passed this 27th day of July, Don Mitchell, Mayor Debi A. Wilcox, Town Clerk Page 48 of 49