Regular Council Meeting

That the minutes be adopted.

That the proclamations for Black History Month - February 2014, Epilepsy Awareness Month - March 2014, Epilepsy Awareness Day - March 26, 2014, International Day Against Homophobia/Transphobia - May 17, 2014 and Chiari Awareness Month - September 2014 and the flag-raising for International Day Against Homophobia/Transphobia - May 16 - 23, 2014 be endorsed.

That the Correspondence dated January 2, 2014 from the Stakeholders of the Four Corners Commercial District (via Peter Bereczki) regarding creating and submitting a report on the Whitby Downtown commercial district be received and

1. That Council approve the Site Plan Application (SP-20-13) subject to the comments and conditions contained in Section 8.0 of Planning Report PL 5-14; 2. That the Mayor and Clerk be authorized to execute the Site Plan Agreement; and, 3. That the Site Plan Agreement for this development identify and protect for a future pedestrian trail connecting northerly to Camber Court and that the School Board be required to build the portion of this trail on their property at such time as the Town builds the connection northerly to Camber Court.

1. That Council approve Site Plan Application SP-09-12 without the requirement to accommodate a road widening in favour of the Region of Durham and without the requirement for a sprinkler system; 2. That the Commissioner of Planning be directed to issue a revised Site Plan Approval letter to the applicant; and, 3. That the applicant execute a Letter of Undertaking. Page 4 of 19 Regular Council Minutes February 10, 2014 - 7:00 PM

1. That Council approve the application to amend Zoning By-law Numbers 2585 and 1784 (File No. Z-18-13); and, 2. That any necessary By-law(s) be presented for Council‟s approval.

That staff coordinate and establish meetings with all required parties, including the Lomer family, to come to an agreeable solution to address the grading issues.

1. That Community and Marketing Services Department Report CMS 01-14 pertaining to the Ontario Sport and Recreation Communities Fund from the Provincial Ministry of Tourism, Culture and Sport, be received as information; and, 2. That Council authorize Staff to make an application to the Ontario Sport and Recreation Communities Fund in partnership with Community Connection for the expansion of the Community Connection playground program for the 2015 summer season, as outlined in the staff report.

1. That Council receive as information the Ethno-cultural and Diversity Advisory Committee of Council‟s 2013 summary of activities and accomplishments; 2. That Council approve the Ethno-cultural and Diversity Advisory Committee of Council‟s proposed 2014 Work Plan and the actions contained within; 3. That Council approve the Ethno-Cultural and Diversity Advisory Committee of Council applying to the Diversity and Immigration Champion Program on behalf of the municipality; and, 4. That the Clerk forward a copy of Community and Marketing Services Page 6 of 19 Regular Council Minutes February 10, 2014 - 7:00 PM Department Report CMS 02-14 to the Durham Region Local Diversity and Immigration Partnership Council.

That Council approve the Whitby Youth Council‟s proposed 2014 annual special events.

1. That Council receive the Advancing Access to Affordable Recreation in Durham (AAARD) Report as information; 2. That staff pursue the following avenues of advancing affordable access to recreation to Whitby residents by: o Establishing a Childcare Fee Subsidy Service Agreement with the Region of Durham; o Promoting community fundraising opportunities for the Canadian Tire Jumpstart Program; and, o Investigating the use of a module that permits online registration of recreation programs for Whitby residents approved for Page 7 of 19 Regular Council Minutes February 10, 2014 - 7:00 PM subsidization; and, 3. That Council endorse the signing of the AAARD Charter relating to improving affordable access to recreation services in Durham Region as outlined in the Staff Report.

1. That Council approve the request from the Rotary Club of Whitby Sunrise to host the Whitby Ribfest at the Town of Whitby Victoria Fields, July 11 to 13, 2014; 2. That Council approve the Rotary Club of Whitby Sunrise‟s request for an exemption from the provisions of the municipality‟s Noise By- law 292-70 to host the annual Whitby Ribfest on Friday, July 11, 2014 from 12:00 p.m. to 11:00 p.m., on Saturday, July 12, 2014 from 11:00 a.m. to 11:00 p.m., and on Sunday, July 13, 2014 from 11:00 a.m. to 8:00 p.m.; 3. That Council approve an allocation in the amount of $10,000 be included in the Community and Marketing Services Department's 2014 Special Events Budget to cover the projected costs of the municipal services that would be associated with the Rotary Club of Whitby Sunrise Ribfest; and, 4. That Council provide its endorsement and approval going forward for the Rotary Club of Whitby Sunrise‟s Ribfest to occur annually on the second weekend of July (Friday, Saturday and Sunday) at Victoria Fields, including Council providing an annual exemption from the provisions of the municipality‟s Noise By-law 292-70. Page 8 of 19 Regular Council Minutes February 10, 2014 - 7:00 PM

That Item 4 of the main motion be amended by deleting the words 'including Council providing an annual exemption from the provisions of the municipality‟s Noise By-law 292-70.'

1. That Council endorse The Rotary Club of Whitby‟s proposed Food Truck Frenzy event and approve the request for an exemption from the provision of the municipality‟s Noise By-law 292-70 to host the Food Truck Frenzy on Saturday, May 10 and Sunday, May 11 from 11:00 a.m. to 9:00 p.m. respectively; 2. That Council receive the comments provided in Community and Marketing Services Department Report CMS 07-14 regarding The Rotary Club of Whitby Food Truck Frenzy event; 3. That Staff be directed to include sufficient funds in the 2014 budget to cover all expenses for municipal materials and services provided and incurred respectively to permit The Rotary Club of Whitby to host the proposed event; and, 4. That Council provide its endorsement and approval going forward for The Rotary Club of Whitby Food Truck Frenzy to occur annually, including Council providing an annual exemption from the provisions of the municipality‟s Noise By-law 292-70.

That the main motion be amended by adding the following as Item 4 and the resolution be renumbered accordingly: That Council recommend to Mayor Perkins that a contribution of $5000 be approved from the Mayor‟s Community Development Fund for the Rotary Club of Whitby Food Truck Frenzy and that no other applications be considered until Council has conducted a review of the Special Events policy.

1. That Council approve the proposed design plan for Nichol Park as identified in Community and Marketing Services Report CMS 08-14; 2. That Council approve the proposed design of the gazebo structure which would be funded through a donation by the principles of Bertha Lands Inc., the previous owners of the residential development site; 3. That Staff be authorized to proceed with the detailed working drawings, specifications and tender documents for the park; and, 4. That the park construction project be tendered and that Staff report back to Council with a recommendation of the preferred general contractor, the playground equipment manufacturer and equipment designs, construction timing and budget analysis.

1. That the Town of Whitby accept the low compliant tender bid of Grimsby Ford Sales and Service, in the amount of $63,180.00 (plus applicable taxes) for the supply and delivery of one (1) 2014 15,000 G.V.W. Cab and Chassis Complete with Dump Body, Slide in Sander and Plow; 2. That the total estimated project cost for the Town of Whitby in the amount of $67,291.97 be approved; 3. That the over expenditure of $17,291.97 be financed from the Growth Reserve Fund ($180.97) and Development Charges ($17,111.00); 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 of Marigold Ford Lincoln Option A, in the amount of $46,800.00 (plus applicable taxes) for the supply and delivery of one (1) 2014 10,500 G.V.W. Rear Wheel Drive, Extended Cab Truck Complete with Utility Body; 2. That the Town of Whitby accept the low compliant tender bid of MacIver Dodge Limited Option B and C, in the amount of $97,161.00 (plus applicable taxes) for the supply and delivery of two (2) 2014 10,500 G.V.W. Four (4) Wheel Drive, Crew Cab Trucks Complete with Utility Body; 3. That the total estimated project cost for the Town of Whitby in the amount of $152,494.71 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract Page 12 of 19 Regular Council Minutes February 10, 2014 - 7:00 PM documents.

1. That the Town of Whitby accept the low compliant tender bid of Joe Johnson Equipment Inc, in the amount of $176,075.00 (plus applicable taxes) for the supply and delivery of one (1) 2014 64,000 G.V.W, Rear Loading, High Compaction, 30 Cu. Yd. Refuse Vehicle; 2. That the total estimated project cost for the Town of Whitby in the amount of $181,173.92 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

That Report No. CS 05-14 of the Commissioner of Corporate Services/Treasurer be received as information.

1. That Council approve the proposed Fees for Services and Activities provided by the Public Works Department as outlined within Report PW 01-14; 2. That By-Law 6150-09 as amended, be amended as shown in Attachment 1 to Report PW 01-14; and, 3. That the Town Clerk take the necessary action to give effect thereto.

1. That Council without prejudice, delegate the authority to the Commissioner of Public Works to approve Metrolinx‟s requests for exemptions from Town of Whitby Noise By-law 292-70 as amended, for approximately 22 intermittent days within the 18-month period from February 2014 to August 2015, subject to the following conditions: a) All work be restricted to the construction of the new rail/road grade separation crossing on South Blair Street, between Victoria Street (Regional Road 22) to Watson Street. b) No work to be undertaken on Sundays, except as required to accommodate the train track detours. c) All pile driving activities would be limited to 8:00 AM to 6:00 PM between Monday and Saturday. d) A 24/7 emergency contact number will be provided to the Town. e) Metrolinx will erect project signage (including the project name, project description, Metrolinx Logo, and contact information) near Page 14 of 19 Regular Council Minutes February 10, 2014 - 7:00 PM the Victoria Street (Regional Road 22) and South Blair Street intersection prior to February 2014. f) Written notice be provided to the Commissioner of Public Works seven (7) business days in advance of the specific days requiring the noise by-law exemption. g) Notices to be delivered to all properties within 500m of the South Blair Street underpass and residents in the Port Whitby area (3) business days in advance of the specific days requiring the noise by-law exemption. h) That the Commissioner of Public Works provide

1. That staff be requested to identify and report back on urban pathways that function as pedestrian connections; and, 2. That upon receipt of Item 1, that Council provide further direction on the costs and implications to be subsequently reviewed.

Page 15 of 19 Regular Council Minutes February 10, 2014 - 7:00 PM 1. That direction be given that the Chief Administrative Officer coordinate a meeting with 360 Incentives (a corporation located in Whitby) and the appropriate department representatives and potential agencies of the Town of Whitby in order to facilitate a quick and positive resolution that will maintain the growth of 360 Incentives within our Downtown of Whitby; and, 2. Further, that a report be brought forward to the March 24, 2014 Operations Committee meeting that presents findings and recommendations for moving forward to have a location in a timely manner suitable for this rapidly growing company.

1. That Council amend the Establishing and Regulating By-law (4202- 98) regarding Water Rescue from “Land Based Rescue” to “Water/Ice Entry Based Rescue”; 2. That the “Water/Ice Entry Based Rescue” Program be implemented upon completion of an in-house training program delivered by the Training Division for all fire suppression personnel; and, 3. That the Town Clerk take the necessary steps to amend the By-law accordingly.

That the correspondence dated January 17, 2014 to The Right Honourable Stephen Harper and The Honourable Kathleen Wynne from the GTA Mayors and Regional Chairs, including Resolution #1 and Resolution # 2 of the correspondence, be endorsed.

That leave be granted to introduce By-law # 6826-14 and By-law # 6830-14 to 6834-14, and to dispense with the readings of the by-law 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 February Page 18 of 19 Regular Council Minutes February 10, 2014 - 7:00 PM 10th, 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.