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Regular Council Meeting
October 7, 2013
What was decided (40 motions)
40 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.
That the minutes be adopted.
Moved by Councillor Coe, seconded by Councillor Roy
Carried
That the request for flag raising for Grandview Kids Day from October 7 to 9, 2013; and the proclamation for Grandview Kids Day on October 9, 2013; and the proclamation for the 13th Annual Child Care Worker & Early Childhood Educator Appreciation Day on October 30, 2013 be endorsed. Page 3 of 26 Regular Council Minutes October 07, 2013 -7:00 PM
Moved by Councillor Coe, seconded by Councillor Emm
Carried
That Council support the request for a street named in honour of George Holley, World War II Veteran, in the Town of Whitby.
Moved by Councillor Coe, seconded by Councillor Roy
Carried
1. That Planning Report No. PL 91-13 be received for information; and 2. That subject to further consultation with affected Departments and internal Steering Committee regarding the consultant’s Draft Preferred Land Use Plan, that a proposed Draft Official Plan Amendment to update the Port Whitby Secondary Plan be brought forward for circulation to commenting agencies and for presentation at a Public Meeting; 3. That the Draft Community Improvement Plan and Urban Design Guidelines be brought forward for Council’s consideration at a later date.
Moved by Councillor Montague, seconded by Councillor Coe
Carried
1. That Council approve site plan application (SP-16-13) subject to the conditions of approval contained in Section 8.0 of Planning Report, PL 92-13; and, 2. That the applicant execute a letter of undertaking and be responsible for the fee associated with its preparation.
Moved by Councillor Montague, seconded by Councillor Coe
Carried
1. That Planning Report Item No. PL 93-13 be received as information; and, 2. That a by-law be prepared to repeal By-law No. 4030-97 to Designate the John Dryden House, 360 Columbus Road East as being of Historic and Architectural Value and Interest.
Moved by Councillor Montague, seconded by Councillor Coe
Carried
1. That Planning Report Item No. PL 94-13 be received as information; 2. That a Notice of Intent to Designate John Dryden House, 360 Columbus Road East (Part 1 and 4, on Reference Plan 40R-23888) be published as per section 29. (1.1) of the Ontario Heritage Act, R.S.O. 1990 c. O.18.; 3. That, if there are no objections to the designation in accordance with section 29. (6) of the Ontario Heritage Act, the Clerk be authorized to introduce the by-law designating the property under Part IV, Section 29 of the Ontario Heritage Act; and, 4. That, if there are objections in accordance with section 29. (7) of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Conservation Review Board.
Moved by Councillor Montague, seconded by Councillor Coe
Carried
1. That Planning Report, Item Number PL 95-13 be received as information; and, 2. That the Clerk forward a copy of Planning Report Number PL 95-13, to Gerdau, the Ministry of Environment, the Region of Durham Clerk, and the members of the Berm Liaison Committee for information.
Moved by Councillor Montague, seconded by Councillor Coe
Carried
1. That joint Planning and Public Works Report Item No. PL 96-13 be received for information; 2. That Council authorize the undertaking and integration of a Transportation Master Plan with the comprehensive Secondary Plan study for the Greater Brooklin Area through expanding the scope of the current Transportation Class Environmental Study for Northwest Brooklin; 3. That Council endorse the general scope of work and overall study framework outlined in joint Planning and Public Works Report Item No. PL 96-13 as the basis for the preparation of a draft Terms of Reference for the integrated Secondary Plan Study and the Transportation Master Plan Study, as well as for peer reviews of background reports, in consultation with other internal Departments and external agencies; 4. That, notwithstanding the Purchasing Policy, Council authorize staff to sole source and retain AECOM to undertake a Transportation Master Plan for the Greater Brooklin Area through an expansion of the current Northwest Brooklin Class EA; and sole source and retain AECOM as necessary for peer reviews of background transportation and civil engineering documents submitted by the Brooklin North Landowners Group; 5. That, notwithstanding the Purchasing Policy, Council confirm the authorization to sole source peer review consultants and authorize staff to sole source and retain a planning consultant and any other consultants necessary to assist the Town in the preparation of a Secondary Plan; and 6. That joint Pla
Moved by Councillor Montague, seconded by Councillor Coe
Carried
That item 6 of the main motion be amended by adding the Residents Against the Parkway Group.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
That staff report back on an estimated timeline for completion of the transportation portion of the Greater Brooklin Comprehensive Secondary Plan Study.
Moved by Councillor Coe, seconded by Councillor Montague
Carried
That Council approve Sign Variance Applications SB-01-13, SB-02-13, and SB-03-13 to the Town of Whitby Sign By-law 5695-05 for Tim Horton’s on lands municipally known as 320 Thickson Road South, 821 Dundas Street West and 601 Victoria Street West in accordance with the following amendments: 1. To increase the menu board sign area from 1.0 square metre to 3.7 square metres, for a maximum of one (1) menu board sign for each location; and, 2. To increase the menu board sign height from 2.0 metres to 2.2 metres for each location.
Moved by Councillor Montague, seconded by Councillor Coe
Carried
That the recommendations set out in Report PL 98-13 be approved as Page 9 of 26 Regular Council Minutes October 07, 2013 -7:00 PM modified by the memorandum to Report PL 98-13 dated October 4, 2013 from the Commissioner of Planning. [Item 8.2]
Moved by Councillor Mitchell, seconded by Councillor Drumm
Carried
1. That Report CAO 6-13 of the Chief Administrative Officer be received; 2. That the proposed Discharge of Firearms By-law, included as Attachment #1 to this report be approved and that sections 3.2.4, 3.4.1., 3.4.2 and 4.4 of the proposed by-law be amended by adding "lawful occupier"; 3. That By-law No. 6646-12 be repealed in its entirety upon the passing of the new Discharge of Firearms By-law; 4. That a copy of the by-law be sent to Durham Regional Police Service, Ministry of Natural Resources and the Ontario Federation of Anglers and Hunters; and, 5. That the Town Clerk take the necessary action to give effect thereto.
Moved by Councillor Roy, seconded by Councillor Emm
Carried
1. That Report CAO 10-13 of the Chief Administrative Officer be received for information; 2. That Greenwood Mushroom Farm be requested to review their Odour Management Plan developed with community input with Council prior to proceeding with any development applications; 3. That the Chief Administrative Officer be directed to review the engagement of consulting experience acceptable to the Ashburn Community to assess the Odour Management Plan being prepared by Greenwood Mushroom Farm following receipt of the Greenwood Mushroom Farm odour management proposal and the OMAFRA review of the facility in Belgium; 4. That the Chief Administrative Officer contact Greenwood Mushroom Farm to determine the appropriate cost participation and to report to Council at its meeting of October 7, 2013; 5. That the Chief Administrative Officer report back on the possibility of a staff member attending the community meeting on October 15th as Page 11 of 26 Regular Council Minutes October 07, 2013 -7:00 PM an observer given the previous commitment of Council members for that evening; 6. That staff be directed to advise the Ashburn Community Committee when the Greenwood Mushroom Farm Odour Management Plan and/or any development applications are coming forward for Council’s consideration; and 7. That a copy of this report and Council resolution be forwarded to all those copied with the Mayor’s letter of May 2, 2013.
Moved by Councillor Roy, seconded by Councillor Emm
Carried
1. That an All-Way Stop Control be installed in 2013 on Darren Avenue at Carlinds Drive/Chieftain Street and that Traffic By-law 1862-85 be updated accordingly; 2. That removal of the raised median and modified pavement markings at the intersection of Darren Avenue and Carlinds Drive/Chieftain Street, with an estimated cost of $25,000, be completed in 2013, and funded from current year maintenance reserve savings; 3. That additional playground warning signage be installed adjacent to Darren Park; 4. That a copy of the Report PW 30-13 be provided to the Durham Regional Police Service for enforcement consideration; 5. That staff request that the Regional Traffic Centre synchronize the area traffic signals; and 6. That staff follow up with the Road Watch Committee to review the opportunities to bring portable message signs into the neighbourhood.
Moved by Councillor Roy, seconded by Councillor Emm
Carried
1. That Council approve the provision of no charge open wireless internet access to the public at municipal facilities as outlined in the Community and Marketing Services and Corporate Services Departments Joint Report CMS 40-13; and, 2. That Council approve the draft Wireless Internet Access at Municipal Facilities Policy appended to the report.
Moved by Councillor Roy, seconded by Councillor Emm
Carried
That Community and Marketing Services Department Report CMS 44- 13 regarding the launch of the Economic Development e-newsletter be received as information.
Moved by Councillor Roy, seconded by Councillor Emm
Carried
1. That Community and Marketing Services Department Report CMS Page 13 of 26 Regular Council Minutes October 07, 2013 -7:00 PM 45-13 regarding the proposed 2014 – 2018 Whitby Economic Development China Investment Attraction and Trade Strategy be approved in principle by Council; and, 2. That the financial aspects related to this proposed strategy be included in the Economic Development Division’s annual operating budget for Council’s consideration during the budget review process.
Moved by Councillor Roy, seconded by Councillor Emm
Carried
1. That Community and Marketing Services Department Report CMS 46-13 regarding the 2014 – 2018 Whitby Economic Development Domestic/International Marketing Plan be approved in principle by Council; and, 2. That the financial aspects related to this Plan be included in the Economic Development Division’s annual operating budget for Council’s consideration during the budget review process.
Moved by Councillor Roy, seconded by Councillor Emm
Carried
1. That the Town of Whitby Activity Guide, produced by the Community and Marketing Services Department, change its publication schedule from four editions per year to two editions per year; and, 2. That the proposed changes commence with the 2014 Spring/Summer Activity Guide that would be published in February, 2014. Page 14 of 26 Regular Council Minutes October 07, 2013 -7:00 PM
Moved by Councillor Roy, seconded by Councillor Emm
Carried
1. That Council approve the proposed operating model for the Off Leash Dog Parks Volunteer Group; 2. That Council authorize Staff to work with the community to organize and fulfill the proposed operating model for the Off Leash Dog Parks Volunteer Group; 3. That Council approve the Code of Conduct for the off leash dog parks appended as Attachment No. 2 to Community and Marketing Services Report CMS 48-13; 4. That Council approve the terms to be included in the lease agreement with the Central Lake Ontario Conservation Authority for the two off leash dog park sites; 5. That subject to review and approval of the specific wording of the lease agreement by the Municipal Solicitor, that the Mayor and Clerk be authorized to execute the lease agreement; and, 6. That a copy of Community and Marketing Services Report CMS 48- 13 be forwarded to the Central Lake Ontario Conservation Authority.
Moved by Councillor Roy, seconded by Councillor Emm
Carried
1. That Council approve the location of the Lynde House within the Brock Street Activity Centre site as attached to Community and Marketing Services Report CMS 49-13, and subject to the conditions Page 15 of 26 Regular Council Minutes October 07, 2013 -7:00 PM included in the Report; 2. That Council approve the sole sourcing of the relocation of the Lynde House to the Brock Street Activity Centre site to Laurie McCullough Building Moving in the amount of $159,400 (excluding taxes) for all labour, materials, equipment and terms, as set out in the Staff Report; 3. That the total estimated cost and the associated site works to relocate the Lynde House in the amount of $256,000 (excluding taxes) be approved; 4. That Council authorize all costs of the relocation and repurposing of the Lynde House, including but not limited to the associated site works, repairs and modifications, landscaping, and pedestrian connections to the Brock Street Activity Centre, be funded from the proceeds of the sale of the Cullen Central Park property; and, 5. That Staff be authorized to coordinate the relocation of the Lynde House with the recommended mover and all affected agencies with the intent of moving the structure to its new site in November, 2013.
Moved by Councillor Roy, seconded by Councillor Emm
Carried
1. That the Town of Whitby accept the low compliant tender bid of Donway Ford Sales Limited, in the total net amount of $79,840.00 (plus applicable taxes) for the supply and delivery of one (1) 2013, 15,000 LBS G.V.W cab and chassis complete with dump body and specified articulated crane; 2. That the total estimated project cost for the Town of Whitby in the amount of $85,245.18 be approved; 3. That the over expenditure in the amount of $13,605.00 be approved and be funded from current Maintenance savings; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Roy, seconded by Councillor Emm
Carried
That the Report No. CS 69-13 of the Commissioner of Corporate Services/Treasurer and the Commissioner of Planning be received as information.
Moved by Councillor Roy, seconded by Councillor Emm
Carried
1. That the Town of Whitby accept the low compliant tender bid of Joe Johnson Equipment Inc, in the total net amount of $180,723.11 (plus applicable taxes) for the supply and delivery of one (1) 2013, utility tractor with flail mower attachments; and, 2. That the total estimated project cost for the Town of Whitby in the amount of $184,903.83 be approved; and, 3. That the over expenditure of $34,904.00 be financed from the Growth Reserve Fund ($365.00) and Development Charges ($34,539); and 4. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Roy, seconded by Councillor Emm
Carried
1. That the Town of Whitby accept the low compliant tender bid of Harper Truck Centre Inc, in the total net amount of $584,991.00 (plus applicable taxes) for the supply and delivery of three (3) 2014, 40,000 lbs G.V.W. single axle combination dump trucks with plow and wing; and, 2. That the total estimated project cost for the Town of Whitby in the amount of $598,286.84 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Roy, seconded by Councillor Emm
Carried
1. That the Town of Whitby accept the low tender of Tri Son Contracting Inc. in the amount of $58,176.63 (excluding taxes) for all labour, materials and equipment necessary to complete the redevelopment of D’Hillier Park tennis courts as required by the Town of Whitby; 2. That the total estimated cost in the amount of $64,700.54 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Roy, seconded by Councillor Emm
Carried
1. That the Town of Whitby accept the low compliant tender bid of Marigold Ford Lincoln, in the total net amount of $93,592.00 (plus applicable taxes) for the supply and delivery of two (2) 2014, extended cab ½ ton, rear wheel drive, 6.5’ box pick ups, one (1) 2014, extended cab ½ ton, rear wheel drive, 8.0’ box pick up and one (1) 2014, extended cab ½ ton, four wheel drive, 6.5’ box pick up; and, 2. That the total estimated project cost for the Town of Whitby in the amount of $104,239.22 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Roy, seconded by Councillor Emm
Carried
1. That the Town of Whitby accept the highest scoring proposal of Henderson Recreation Equipment Ltd. in the amount of $157,963.64 (excluding taxes) to provide the design, supply and installation services for playground upgrades at Duggan Park and Tom Edwards Park; 2. That the total estimated project cost of $160,743.80 be approved; and, Page 19 of 26 Regular Council Minutes October 07, 2013 -7:00 PM 3. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Roy, seconded by Councillor Emm
Carried
1. That the Town of Whitby accept the low tender of Lakeridge Contracting Ltd. in the amount of $163,886.00 (excluding taxes) for all labour, materials and equipment necessary to complete the site works for the playground replacement/retrofits at Duggan, Tom Edwards and Whitburn Parks as required by the Town of Whitby; 2. That the total estimated cost in the amount of $166,770.39 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Roy, seconded by Councillor Emm
Carried
1. That the Town of Whitby accept the low tender of Royalcrest Paving and Contracting Ltd. in the amount of $192,136.55 (excluding taxes) for all labour, materials and equipment necessary to construct two off leash dog parks as required by the Town of Whitby; 2. That the total estimated cost in the amount of $215,518.15 be approved; 3. That an over expenditure in the amount of $115,518.15 be approved Page 20 of 26 Regular Council Minutes October 07, 2013 -7:00 PM and funded from one time Capital Reserves of $47,593.48 and Development Charges of $67,924.67; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Roy, seconded by Councillor Emm
Carried
1. That the Town of Whitby accept the highest scoring proposal of Monteith Brown Planning Consultants in the amount of $86,350.00 (excluding taxes) to provide consulting services to complete a Sports Facilities Strategy as required by the Town of Whitby; 2. That the total estimated project cost of $90,869.76 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Roy, seconded by Councillor Emm
Carried
1. That Council receive this report for information and; 2. That staff continue to monitor the proposed changes in the Waste Reduction Act and update Council on the impact, if any, on Town programs and budgets.
Moved by Councillor Roy, seconded by Councillor Emm
Carried
That the Planning Memorandum regarding Zoning Regulations Relating to Home Based Businesses dated October 7, 2013 be received for information.
Moved by Councillor Emm, seconded by Councillor Coe
Carried
The the Chief Administrative Officer Memorandum re: Chief Administrative Officer Report, CAO 10-13 - Greenwood Mushroom Farm, be received for information.
Moved by Councillor Emm, seconded by Councillor Coe
Carried
That leave be granted to introduce By-law No's. 6775-13, 6776-13 and 6777-13 and to dispense with the readings of the by-laws by the Clerk and that the same be considered read a second and third time and Page 24 of 26 Regular Council Minutes October 07, 2013 -7:00 PM finally passed and that the Deputy Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.
Moved by Councillor Coe, seconded by Councillor Roy
Carried
That leave be granted to introduce By-law No's. 6780-13 and 6781-13 and to dispense with the readings of the by-laws by the Clerk and that the same be considered read a first, second and third time and finally passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
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 Council of the Town of Whitby at its meeting held on October 7, 2013, and that the same be considered read a first, second and third time and finally passed and that the Mayor and the Clerk sign the same and the Seal of Page 25 of 26 Regular Council Minutes October 07, 2013 -7:00 PM the Corporation be thereto affixed.
Moved by Councillor Drumm, seconded by Councillor Coe
Carried
That the meeting be adjourned.
Moved by Councillor Emm, seconded by Councillor Coe