Regular Council Meeting

Regular Council Minutes March 11, 2013 -7:00 PM That the minutes be adopted.

That the rules of procedure be suspended in order to hear the Page 2 of 20 Regular Council Minutes March 11, 2013 -7:00 PM delegation from Mike Polonsky and Gary Polonsky regarding Planning Report, PL 23-13, Extension of a Temporary Use By-law, Mike Polonsky and Adriana Carnevale, Z-02-13, 7725 Cedarbrook Trail.

That Council hear the delegation from Mike Polonsky and Gary Polonsky regarding Planning Report, PL 23-13, Extension of a Temporary Use By-law, Mike Polonsky and Adriana Carnevale, Z-02-13, 7725 Cedarbrook Trail.

That the correspondence from the Durham District School Board dated February 7, 2013 regarding a response to the January 18, 2013 letter inviting representatives of the Durham District School Board to make a presentation at an upcoming Council meeting of the Town of Whitby be received for information.

That the email correspondence from Adriana Carnevale dated February 21, 2013 regarding Planning Report, PL 23-13 Re: Extension of a Temporary Use By-law, Mike Polonsky and Adriana Carnevale - Z-02-13 - 7725 Cedarbrook Trail be received and

That the requests for proclamations for International Day Against Homophobia/Transphobia - May 17, 2013, Canadian Red Cross Month - March 2013, John Howard Society Day - March 26, 2013, World Down Syndrome Day - March 21, 2013 and World Autism Awareness Day - April 2, 2013; and requests for flag-raisings for International Day Against Homophobia/Transphobia - May 17, 2013, Canadian Red Cross Month - March 1 - 25, 2013, John Howard Society Day - March 26, 2013 and World Autism Awareness Day - April 2, 2013 be endorsed.

1. That Planning Report, Item PL 15-13 be received as information; 2. That the comments outlined in Section 5.0 of PL 15-13 from the final EA Report as set out in PL 51-12 be forwarded as the Town's comments on Regional Official Plan Amendment application (ROPA 2012-05); and 3. That the Clerk forward a copy of this report and Council's resolution to the Region of Durham and Gerdau Ameristeel.

1. That Council approve the Draft Plan of Condominium (CW-2012-03) subject to the conditions in Section 8 of Planning Report Item PL 11- 13; 2. That the Mayor and Clerk be authorized to execute the condominium agreement for the subject property; and, 3. That the Clerk advise the Commissioner of Planning at the Region of Durham of Council's decision.

That Planning Report Item No. PL 12-13 be received as information.

Page 6 of 20 Regular Council Minutes March 11, 2013 -7:00 PM 1. That Planning Report Item No. PL 14-13, regarding the Town of Whitby's participation in Earth Hour on March 23, 2013 be received as information; 2. That the Clerk be authorized to register the Town of Whitby to participate in Earth Hour 2013; 3. That the Clerk be authorized to register the Town of Whitby to participate in Earth Hour on an annual basis; 4. That Planning Staff be authorized to continue promoting Earth Hour through an event on an annual basis; 5. That businesses and all residents of the Town of Whitby be encouraged to participate in Earth Hour 2013; and, 6. That a copy of this report be forwarded to the Durham Region Astronomical Association, Durham District School Board, Durham Catholic District School Board, Whitby Hydro, Library Board, Whitby Chamber of Commerce, the Station Gallery and the Whitby Sustainability Advisory Committee.

That Council approve Site Plan Application SP-21-12 subject to the conditions outlined in PL 7-13 and subject to the approval of a Minor Variance Application A/67/12, as set out herein.

Page 7 of 20 Regular Council Minutes March 11, 2013 -7:00 PM 1. That Council approve zoning application (Z-21-12), subject to the conditions in Section 8.0 of Planning Report Item PL 17-13; 2. That the amending By-law be presented for Council's approval; and 3. That the Mayor and Clerk be authorized to execute any necessary documents.

1. That Council approve Site Plan Application (SP-02-13) subject to the conditions of approval in Section 8.0 of Planning Report No. PL 18- 13 and, 2. That the Mayor and Clerk be authorized to execute the Site Plan Agreement.

1. That Council approve the removal of the 'H' Holding Symbol from Blocks 99 to 103 on Plan 40M-2448, subject to the conditions contained in Section 8.0 of Planning Report No. PL 19-13; 2. That the amending Zoning By-law to remove the 'H' Holding Symbol be brought forward for Council's approval.

1. That PL 21-13 Accessible Built Environment - Ontario Building Code public consultation comments be received as information; 2. That the Clerk forward the Council Resolution for Planning Report Item PL 21-13 to the Accessible Built Environment Consultation, c/o Building and Development Branch, Ministry of Municipal Affairs and Housing.

1. That Council grant a three year extension to the Temporary Use By- law for 7725 Cedarbrook Trail; and 2. That the by-law be presented for Council's approval.

That scheduled public meetings for any Standing Committee of Council be scheduled not earlier than 7:30 p.m. for a regularly scheduled meeting.

1. That Council receive as information the Ethno-cultural and Diversity Advisory Committee of Council’s 2012 summary of activities and accomplishments; and, 2. That Council approve the Ethno-cultural and Diversity Advisory Committee of Council’s proposed 2013 Work Plan and the actions contained within.

That Council approve the Whitby Youth Council's proposed 2013 annual Page 10 of 20 Regular Council Minutes March 11, 2013 -7:00 PM special events.

1. That Council approve the proposed design plan for Cathedral Park as identified in Community and Marketing Services Report CMS 11- 13; 2. That Staff be authorized to proceed with the detailed working drawings, specifications and tender documents for Cathedral Park; and, 3. That the Cathedral Park project be tendered and that Staff report back to Council with a recommendation of the preferred general contractor, construction timing and budget analysis.

1. That the Town of Whitby accept the low tender of LaFrentz Road Services 1999 Ltd in the amount of $216,975.00 (excluding taxes) for the supply and delivery of traffic marking paint. 2. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the tender of Peterbilt Ontario Truck Centre in the net amount of $385,343.78 (plus applicable taxes) for the supply and delivery of two (2) 2012 60,000 G.V.W Tandem Axle Trucks with Combination Dump Body with Plow and Wing; and, 2. That the total estimated project cost for the Town of Whitby in the amount of $404,025.83 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 of Richardson Workboats Inc. in the amount of $76,329.00 (excluding taxes) for all labour, materials and equipment necessary to complete the dredging at Port Whitby Marina; 2. That the total estimated cost in the amount of $90,000 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Joint Report CS 10-13 of the Commissioner of Corporate Services/Treasurer and the Commissioner of Public Works be received; 2. That staff host public consultation sessions during the months of March and April 2013 to gather feedback regarding the proposed elections signage zones and maximum dimensions of election signage recommended and that the results of such public consultation sessions be compiled into an appropriate form to be presented as part of a subsequent report to the Operations Committee; 3. That a public meeting be held as part of the Operations Committee on April 15, 2013 to hear from delegates regarding the proposed elections signage zones and dimensions of election signage recommended and that the results of such public meeting be compiled into an appropriate form to be presented as part of a subsequent report to the Operations Committee; 4. That an online survey be conducted on the Town of Whitby website to collect information regarding the proposed elections signage zones and maximum dimensions of election signage recommended and that the results of such survey be compiled into an appropriate form to be presented as part of a subsequent report to the Operations Committee; 5. That notice of all public consultation sessions regarding the proposed elections signage zones and dimensions of signage be published on the Town of Whitby website; 6. That there be two public information centre meetings scheduled, one in north Whitby and one in south Whitby; and

1. That Report CS 11-13 of the Commissioner of Corporate Services/Treasurer be received; 2. That the Town Clerk be authorized to proceed with a review of Procedural By-law No. 6125-08 and bring forward a draft by-law for review by the Operations Committee at the May 21, 2013 meeting; 3. That the draft revised procedural by-law, upon review, be presented to Council for passage at the next regularly scheduled meeting of Council.

1. That, effective March 12, 2013, the Town of Whitby adopt the Government of Canada guidelines as shown on Appendix 1 attached, in that only cash payments or transactions will need to be rounded, either up or down to the nearest five-cent increment; and 2. That for property tax payments made in cash, the difference when rounding up will remain as a credit on the tax account and when rounding down will be written off.

Page 14 of 20 Regular Council Minutes March 11, 2013 -7:00 PM 1. That the Town of Whitby accept the highest scoring proposal of GHD Inc. to an upset limit in the amount of $160,294.00 (excluding taxes) for Consulting Services for the completion of the Town of Whitby Asset Management Strategic Plan Phase I Transportation System; 2. That the total estimated project cost in the amount of $175,000 be approved; and, 3. That the Mayor and Clerk be authorized to execute the necessary contract documents.

1. That Council approve Public Works Department co-hosting a Compost Giveaway event with the Region of Durham on Saturday May 4, 2013; and, 2. That Council approve Public Works Department co-hosting an Electronic Waste Collection event with the Region of Durham on Saturday October 26, 2013; and, 3. That a copy of Public Works Department Report PW 13-13, regarding the "2013 Community Waste Events" be forwarded to the Region of Durham and the Area Municipalities.

1. That Council authorize the Clerk to bring forward a new Public Nuisance By-law for Council approval as shown in Attachment 1 to Report PW 14-13. 2. That a copy of Report PW 14-13 and the Public Nuisance By-law be forwarded to the Durham Regional Police Service, the Whitby Downtown Development Steering Committee and the Brooklin Downtown Development Steering Committee. 3. That Public Works staff submit proposed set fines to the Ministry of the Attorney General for approval. 4. That the Urinating in Public Places By-law 4189-98 be repealed.

1. That Council approve the Brooklin Ashburn Myrtle (BAM) Lions Club proposed Duck Race event to be held on Saturday, May 11, 2013 at D’Hillier Park; and, 2. That Council endorse the participation of the Whitby County Town Carnival Committee of Council through the provision of volunteers to assist with ticket sales and children’s activities on the day of the event.

1. That the Town of Whitby accept the proposal submitted by Generation Solar Renewable Energy Systems Inc. in the amount of $58,753.45 (excluding taxes) for the Design, Supply, Delivery, Installation and Commissioning of a 10kW Rooftop Photovoltaic System at the Whitby Civic Recreation Complex; 2. That the total estimated project cost in the amount of $71,968.45 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

Motion to introduce an urgent matter which cannot be properly presented at a meeting of a standing committee in accordance with Procedural By-law 6125-08.

That Enbridge Pipelines Inc. be invited to the March 25, 2013 Operations Committee to provide an overview of their Line 9B Reversal and Line 9 Capacity Expansion Project and answer any questions.

That leave be granted to introduce By-law No. 6708-13 to 6714-13, save and except By-law Nos. 6709-13 and 6710-13, and to dispense with the reading of the by-laws by the Deputy Clerk and that the same be considered read a first, second and third time and finally passed and that the Mayor and Deputy 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 Deputy Clerk to confirm the proceedings of Council of the Town of Whitby at its meeting held on March 11, 2013, and that the same be considered read a first, second and third time and finally passed and that the Mayor and the Deputy Clerk sign the same and the Seal of the Corporation be thereto affixed.

That the meeting be adjourned.