Regular Council Meeting

That the minutes be adopted.

That the delegation be heard later in the meeting.

That the rules of procedure be suspended to allow the delegation to exceed their ten minute speaking limit

That the correspondence from Ted Moroz, President, the Beer Store regarding Facts versus Myths - Ontario Beer Facts, dated April 17, 2014, be received for information.

That the correspondence from Scouter Greg Long, Assistant Area Commissioner, Pack Whitby Area Scouting, regarding a request to the Town of Whitby Council for a conversion of a Town Asset/Building to a Whitby Scout House, dated April 22, 2014, be

That the proclamations for Seniors' Month - June 2014; Parks and Recreation Month - June 2014; Pride Week - June 2 - 8, 2014 and 100th Anniversary of Victorian Order of Nurses - Durham - June 11, 2014 and the flag-raising for Pride Week - June 2 - 8, 2014, be endorsed.

That Planning and Development Report PL 25-14 be received as information.

That Planning and Development Report PL 26-14 be received as information.

1. That Planning and Development Report PL 27-14 be received for information; 2. That Council approve the attached covering letter, survey, and survey method (Attachment #1) as outlined in this report, for the purposes of re-surveying the Werden’s Plan Neighbourhood Area and that the CAO identify the appropriate office for the covering letter along with ensuring that the 7th clause of the memo that states 'A final decision on whether an HCD should be established for Werden’s Plan will not be made until the proposed guidelines are known' be bolded prior to being sent out; 3. That Staff proceed to survey the residents and property owners of the Werden’s Plan Neighbourhood Area with the survey methodology outlined in this report; and, 4. That Staff report back to Council on results of the survey and recommendation(s) for the next phase of this study.

1. That Council approve the removal of the 'H' Holding Symbol from Block 110 on Plan 40M-2448; and, 2. That the amending Zoning By-law to remove the 'H' Holding Symbol be brought forward for Council's approval.

1. That Council receive the Accessibility Plan 2013 – 2015 Status Report as information; 2. That this report be posted on the Town website as per the Integrated Accessibility Standards Regulation 191/11; and 3. That the Clerk provide a copy of the Accessibility Plan 2013 – 2015 Status Report to members of the Accessibility Advisory Committee (AAC); the Accessibility Working Committee (AWC); and neighbouring Municipalities.

1. That Planning Report Item PL 31-14, regarding the Town’s participation in Earth Hour on March 29, 2014 be received as information; and, 2. That a copy of this report be forwarded to the Durham District School Board, Durham Catholic District School Board, Whitby Hydro, Whitby Library Board, Station Gallery, Whitby Chamber of Commerce, Page 7 of 21 Regular Council Minutes May 12, 2014 - 7:00 PM Durham Region Astronomical Association, Abilities Centre, Whitby Sustainability Advisory Committee and the Whitby Environmental Youth Alliance.

1. That Council approve Site Plan Application (SP-22-13) subject to the conditions contained in Section 8.0 of Planning Report Number PL 32-14; 2. That site plan approval be conditional upon receiving a favourable decision with respect to a Committee of Adjustment application for the subject property; 3. That Council accept the conveyance of Parts 2 and 3 as shown on a draft reference plan from Brookvalley Developments Inc. free and clear of all encumbrances, save and except for an easement over the conveyed lands in favour of TransCanada Pipelines and Bell Canada; 4. That the Developer provide the Town with a Record of Site Condition (RSC) on the lands being conveyed to the Town; 5. That the Developer be responsible for all legal fees associated with the conveyance of the lands to the Town; and, 6. That the Mayor and Clerk be authorized to execute the Site Plan Agreement and any related documents.

Page 8 of 21 Regular Council Minutes May 12, 2014 - 7:00 PM That Report CAO 02-14 of the Chief Administrative Officer be received as information.

That the Clerk be directed to prepare a response to endorse the proclamation request for First Responders Day in Ontario on May 1st, 2014 that was submitted by MPP Frank Klees.

1. That the Town of Whitby accept the low tender bid as received from Blacktop Restorations Inc. in the amount of $97,795.00 (plus applicable taxes) for the repair of Town owned catch basins and/or maintenance holes; 2. That the total estimated project cost for the Town of Whitby in the amount of $122,295.69 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the low tender bid as received from Blacktop Restorations Inc. in the amount of $49,382.50 (plus applicable taxes) for the repair of Town owned catch basins and/or maintenance holes; 2. That the total estimated project cost for the Town of Whitby in the amount of $65,189.89 be approved; 3. That an over expenditure in the amount of $15,189.89 be approved, and that it be funded from the maintenance reserve; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the low compliant tender bid as received from Hawkins Contracting Services Ltd. in the amount of $116,265.00 (plus applicable taxes) for all labour material and equipment necessary to complete the Lynde Creek pedestrian bridge repair and Ashburn Park culvert replacements as required by the Town of Whitby; 2. That the total estimated project cost for the Town of Whitby in the amount of $195,000.00 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents. Page 10 of 21 Regular Council Minutes May 12, 2014 - 7:00 PM

1. That the Town of Whitby accept the low tender as received from Eagleson Construction in the amount of $391,015.81 (plus applicable taxes) for all labour, material and equipment necessary to complete the reconstruction of John Street East from Brock Street to Ash Street; 2. That the total estimated project cost for the Town of Whitby’s portion of the road reconstruction in the amount of $440,000.00 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

That the 2015 Budget Calendar outlined in this report be approved by Council and that the Town Clerk establish the meeting dates.

1. That Council approve an award of a three (3) year seasonal contract for the supply and operation of refreshment carts and refreshment vehicles from Donkey Kone Inc. at key waterfront locations as required by the Town of Whitby; and, 2. That the Mayor and Clerk be authorized to execute the necessary contract documents.

That the main motion be amended by adding the following as Item 3: That the Commissioner of Marketing and Community Services report back to Council on the proposed locations of the refreshment vehicles.

1. That Council approve a five year lease between the Town of Whitby Page 12 of 21 Regular Council Minutes May 12, 2014 - 7:00 PM and Swan’s Marina Limited for the north building located at 1710 Charles Street, effective August 1, 2014 to July 31, 2019, subject to the terms and conditions as set out in this report; and, 2. That the Mayor and Clerk be authorized to execute the required documents.

That Corporate Services Report CS 28-14 regarding 2013 insured claims is received as information.

1. That the Report No. CS 29-14 of the Commissioner of Corporate Services/Treasurer be received as information; and, 2. That staff be instructed to consult with the Development Community on the development related fee recommendations.

That Council authorize the Supervisor of Revenue and the Assessment Review Officer to file a Notice of Complaint, on behalf of the Town of Whitby, for the assessment values on certain properties within the Town of Whitby, as set out in Corporate Services Report, Item CS 31-14.

1. That the tax rates for the year 2014 General Municipal Town Levies be approved as indicated in Schedule “A”, attached; 2. That the tax due dates for the final tax bills for the Residential, Farmland, Pipeline and Managed Forest tax classes be June 24, 2014 and September 24, 2014; 3. That the Treasurer be authorized to set the appropriate due dates for the capped tax classes ( Commercial, Industrial and Multi- Residential) once all billing factors are known; and 4. That a By-law be brought forward to set the Town of Whitby due dates and levy rates for 2014 in accordance with the approved budgets and regulations.

1. That the Town of Whitby acquire ownership of land described as Block S, Plan M-1066 and as set out in Attachment No. 1; 2. That the amount outstanding on the tax account be considered the purchase price; 3. That the Clerk bring forward the requisite by-law to authorize the acquisition of the parcel of land; and 4. That the Mayor and Clerk be authorized to execute the required documents.

That Council direct Public Works staff to respond to the Ministry of Transportation with a signing preference of Option A for Highway 407 through Whitby and the West Durham Link.

Page 15 of 21 Regular Council Minutes May 12, 2014 - 7:00 PM 1. That Council approve a budget of $625,000.00 from the maintenance reserve for the construction services to complete the sediment removal at the Brooklin Memorial Park Stormwater Pond (PD 56-01); 2. That Council authorize staff to Tender and award the sediment removal project at the Brooklin Memorial Park Stormwater Pond (PD 56-01) provided it is within the requested budget of $625,000.00; and, 3. That the Mayor and Clerk be authorized to execute the contract documents, subject to the condition that the low compliant bidder (plus applicable taxes) for all labour, material and equipment necessary to complete the sediment removal at the Brooklin Memorial Park Stormwater Pond is within the requested budget of $625,000.00.

1. That the Town of Whitby accept the low tender as received from Miller Paving Limited on behalf of the Durham Purchasing Co- operative Group in the amount of $372,079.00 (plus applicable taxes) where Whitby’s portion is in the amount of $17,772.00 for the supply, delivery and application of liquid and flake magnesium chloride; 2. That approval be granted for the option to extend the contract for two (2) additional one (1) year terms based on satisfactory performance and product quality, as well as budget approval for subsequent years.

That the rules of procedure be suspended in order to introduce a motion to request a change to the Terms of Reference for the Downtown Whitby Development Steering Committee.

1. That the Downtown Whitby Development Steering Committee be requested to amend their Terms of Reference in order to include a member from the Olde Whitby Neighbourhood Association; and 2. That the Town Clerk action accordingly.

Page 17 of 21 Regular Council Minutes May 12, 2014 - 7:00 PM That the rules of procedure be suspended in order to introduce a motion to provide funding to Durham Partners in Project Green from the Whitby Sustainability Advisory Committee.

1. That the Town of Whitby support the request of the Whitby Sustainability Advisory Committee and approve a financial contribution of $5000 towards Durham Partners in Green Program for 2014; 2. That the Durham Partners in Project Green be advised that Whitby Town Council supports the recommendation from the Whitby Sustainability Advisory Committee that the program must target and achieve the update of five (5) confirmed audits of Whitby businesses and that any future funding of this program be dependent on a sustainable business plan for Durham Partners in Project Green; and 3. That the appropriate officials of the Town of Whitby be given the authority to give effect thereto.

That the direction provided to Administration at the In Camera Session of Council held on May 12, 2014 be adopted.

That leave be granted to introduce By-laws # 6859 to 6865-14, and to dispense with the readings of the by-laws by the Clerk and that the same be considered read and passed and that the Mayor and Clerk sign the same and the Seal of the Corporation be thereto affixed.

That leave be granted to introduce a by-law and to dispense with the reading of the by-law by the Clerk to confirm the proceedings of the Council of the Town of Whitby at its regular meeting held on May 12th, 2014, and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.

That the meeting be adjourned.