Regular Council Meeting

That the minutes be adopted.

That a motion to hear Kim Copetti and Lynn Winterstein, representing the Downtown Whitby Development Steering Committee with respect to Chief Administrative Officer Report, CAO 3-14 be allowed.

That the proclamations for World Autism Awareness Day - April 2, 2014; National Victims of Crime Awareness Week - April 6-12, 2014; National Day of Mourning - April 28, 2014; World Lupus Day - May 10, 2014 and Lupus Awareness Month - October 2014 and the flag-raising for World Autism Awareness Day - April 2-3, 2014, be endorsed.

That correspondence dated February 18, 2014 from Joseph Jedinak, Page 5 of 26 Regular Council Minutes March 31, 2014 - 7:00 PM Chair of the Whitby Sustainability Advisory Committee, regarding Durham Partners in Project Green WSAC Resolution, be received for information.

1. That Council approve in principle the renaming of the street names impacted by the extension of the 407 and the West Durham Link by using Peter Perry award winning names and a former Mayor‟s name as shown on Attachment #2; 2. That the Clerk provide public notice of the Town‟s intent to pass a By-law(s) to rename the street names as shown on Attachment #2 in accordance with the Town‟s Notice By-law and that notice be provided to the required agencies/persons once the street name by- law(s) have been adopted by Council; 3. That financial assistance of $200.00 per address be made available to the affected property owners to defray costs associated with the address change; 4. That the Clerk bring forward a by-law(s) to change the street names and stop up and close the road allowance where applicable as shown on Attachment #2 at such time as public input has been received through the notice of intent and further when the street name changes are required due to the extension of Highway 407 and the West Durham Link; 5. That the Ministry of Transportation be requested to reimburse the Town $200.00 per address of all affected properties (i.e. 120) for a total of $24,000; 6. That the Ministry of Transportation be requested to provide a cash Page 6 of 26 Regular Council Minutes March 31, 2014 - 7:00 PM contribution to the Town for the purpose of installing new permanent street name signs, stop signs, no exit signs, and associated pavement markings on Town of Whitby roadways, in the a

1. That Council approve Site Plan Application (SP-21-13) subject to the comments and conditions contained in Section 8.0 of Planning Report PL 12-14; and, 2. That the Mayor and Clerk be authorized to execute a site plan agreement and any related documents.

1. That Council approve the application for the recommended Draft Plan of Subdivision (File No. SW-2012-04) as illustrated on Attachment #8 subject to the comments and conditions as contained in Section 8.0 of Planning Report PL 13-14; 2. That Council approve the application to amend Zoning By-law 1784 (File No. Z-23-12) subject to the comments and conditions as contained in Section 5.0 of Planning Report PL 13-14; 3. That Council change the zoning for the MTO lands, municipally known as 4665 Baldwin Street South, from HA – Holding Agricultural to H-R2B* Residential in accordance with Section 5.0; 4. That the Subdivider provide the Town with a financial contribution based on 20% of the installation costs and maintenance for the traffic signals at Baldwin Street South and Sleepy Hollow Place in the amount of $52,000; 5. That Council approve the funding for the traffic signals from the one time reserve funds in the amount of $80,000; 6. That Council appoint the firm of Williams & Stewart Associates as Control Architect for the recommended Draft Plan of Subdivision; 7. That any necessary By-law be presented for Council‟s approval; 8. That staff be authorized to prepare a subdivision agreement; 9. That the Mayor and Clerk be authorized to sign any necessary documents; 10. That the Region of Durham Commissioner of Planning be advised of Council‟s decision; 11. That the Clerk forward a Notice of Decision to those parties and agencies who have requested to be notified of Council‟s d

That Item 13 of the main motion deleted in its entirety and be replaced by the following: That the Town enter into an agreement with the Subdivider regarding a financial contribution for traffic signals at the intersection of Baldwin Street South and Sleepy Hollow Place as detailed in the memorandum dated March 25, 2014 from R. Short, Commissioner of Planning, and that in the event the installation of the traffic signals has not commenced at the intersection of Baldwin Street South and Sleepy Hollow Place within three (3) years of the subdivision plans being registered in the Durham Registry Office, the Town will return the financial contribution from the Subdivider in the amount of $52,000.

The property known as the Caleb Powell House at 1612 Dufferin Street be removed from the Town‟s Heritage Register as a Listed Property because the building has been significantly altered and the building is unlikely to be restored.

That Planning Report, PL 15-14, be

1. That the Province of Ontario Ministry of Energy and Infrastructure be advised that the Town of Whitby is not interested in purchasing Parts of Lots 7 and 8, Plan H50032, 400 Centre Street South known as the former Land Registry Office, at this time; and, 2. The Planning and Development Department be directed to initiate the process to designate the significant external features of 400 Centre Street South under Part IV of the Ontario Heritage Act in order that this designation can be put in place as soon as possible after this property has been sold by the Province of Ontario; and, 3. That should Durham Mental Health Services acquire this property that they be requested to register on title a first right of refusal in favour of the Town of Whitby in the event that they decide to sell the property at a later date; and, 4. That the Province of Ontario Ministry of Energy and Infrastructure and Durham Mental Health Services be provided with a copy of Council‟s resolution.

Page 12 of 26 Regular Council Minutes March 31, 2014 - 7:00 PM That Council direct staff to purchase the former Land Registry Office at 400 Centre Street South.

1. That the recommendation contained in the correspondence from LACAC Heritage Whitby be endorsed; and 2. That staff make the necessary changes to the LACAC Heritage Whitby Terms of Reference with regard to its member composition and create a position that would provide an honorary lifetime membership for Brian Winter.

1. That Council endorse the recommendations regarding Earth Day/Week activities (April 22-27, 2014), and the Whitby Environmental Youth Alliance (WEYA) and Scout Tree Planting events as outlined in Community and Marketing Services Department Report CMS 23-14; and, 2. That Council acknowledge and thank the Earth Day/Week, WEYA and Scout Tree Planting sponsors and organizers.

That Community and Marketing Services Department Report CMS 24- 14 be received as information.

1. That the Town of Whitby accept the low compliant tender bid as received by Furfari Paving Co. Ltd in the amount of $414,340.70 (plus applicable taxes) for all labour material and equipment necessary to complete the road rehabilitation at various rural locations as required by the Town of Whitby; 2. That the total estimated project cost for the Town of Whitby in the amount of $615,000.00 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 J. Kennedy Trenching & Excavating Ltd., o/a Durham Topsoil & Garden Supplies Limited in the amount of $322,088.20 (excluding taxes) for all labour, materials and equipment necessary for the storm water management pond sediment removal at various locations within the Town of Page 15 of 26 Regular Council Minutes March 31, 2014 - 7:00 PM Whitby; and 2. That an over expenditure in the amount of $21,700.70 be approved and be funded from maintenance reserves; 3. That the total estimated cost in the amount of $369,965.70 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Council declare Part 1 on a draft plan of survey (reference 2011-022-15) (Attachment 1) of Grand Trunk Street lands as surplus to its needs in accordance with the following: 1.1. That in accordance with the provisions of the Municipal Act and the Town‟s By-law No. 3650-95 for the disposal of vacant and improved land, the Town give public notice of its intention to sell the subject property by placing an advertisement in the newspaper one time; 1.2. That the property be sold to Metrolinx for a nominal sum for the purposes of train track re-alignment; 2. That Council declare Parts 2, 3, 5 and 6 Plan 40R-28183 (Attachment 2) of Hopkins Street lands as surplus to its needs and stop up and close Hopkins Street road allowance, at such time as the South Blair Street Improvements and the New Public Access Road (to GerdauAmeristeel Corporation and Hanson Pipe & Precast Ltd.) are substantially completed to the satisfaction of the Commissioner of Public Works, in accordance with the following: 2.1. That in accordance with the provisions of the Municipal Act and the Town‟s By-Law No. 3650-95 for the disposal of vacant and improved land, the Town give public notice of its intention to sell the subject property by placing an advertisement in the newspaper one time; 2.2. That the property be sold to Metrolinx for a nominal sum for the purposes of the East Rail Maintenance Facility; Page 16 of 26 Regular Council Minutes March 31, 2014 - 7:00 PM 3. That the Town of Whitby acquire Part

That Report CS 13-14 of the Commissioner of Corporate Services/Treasurer be received for information.

1. That the Town of Whitby accept the low tender of All Services Inc. in the amount of $54,800.00 (excluding taxes) for all labour, materials and equipment necessary to complete bridge repairs at various locations in the Town of Whitby; and, 2. That the total estimated cost in the amount of $115,000.00 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

That Council approve the Public Works Department hosting an Open House on May 22, 2014 from 9:00 a.m. to 8:00 p.m. to celebrate National Public Works Week.

1. That Council approve Public Works Department co-hosting a Compost Giveaway event with the Region of Durham on Saturday May 3, 2014; and, Page 18 of 26 Regular Council Minutes March 31, 2014 - 7:00 PM 2. That Council approve Public Works Department co-hosting a Hazardous Waste and Electronic Waste Collection event with the Region of Durham on Saturday October 4, 2014; and, 3. That a copy of Public Works Department Report PW 10-14, regarding the “2014 Community Waste Events” be forwarded to the Region of Durham and the Area Municipalities.

1. That Council authorize the Region of Durham to implement a West Nile Virus Vector Control Program for 2014 on behalf of the Town of Whitby; and, 2. That the Region of Durham be sent an authorization letter giving them permission to apply larvacide within the Town of Whitby; and, 3. That the Commissioner of Public Works be authorized to approve the implementation of West Nile Virus Vector Control Program for future years on behalf of the Town of Whitby; and, 4. That the Region of Durham Health Department be provided with a copy of Public Works Department Report PW 11-14.

1. That Report CAO 1-14 of the Chief Administrative Officer be received; 2. That the following redundant policies be rescinded as they are no longer relevant or have been replaced by legislation/by-law: Page 19 of 26 Regular Council Minutes March 31, 2014 - 7:00 PM i. 1-0-04 Micrographics Policy ii. 1-2-01 Attendance of Staff at Meetings of Council and Committee iii. 1-2-02 Smoking During Council and Standing Committee Meetings iv. 1-2-03

Page 20 of 26 Regular Council Minutes March 31, 2014 - 7:00 PM 1. That Report LS 01-14 be received as information. 2. That Legal and Human Resources Services staff invite public review and feedback on the proposed Property Standards By-law (Attachment 2) for a minimum period of 30 days. 3. That Legal and Human Resources Services report back to the Operations Committee in the spring of 2014 with the final draft of the Property Standards By-law considering all input from the public.

That Council receive Report LS 03-14 as information.

1. That Legal and Human Resource Services Report LS #04-14 be received as information; and, 2. That staff be directed to proceed with drafting proposed amendments to the Animal Control By-law regarding the keeping of pigeons, present such proposed amendments at a public meeting involving interested stakeholders and report back to Operations Committee regarding the results of the public consultation and the suggested Animal Control By-law amendments as they pertain to the keeping of pigeons. Page 21 of 26 Regular Council Minutes March 31, 2014 - 7:00 PM

That the recommendations as contained in Confidential Report, CMS 21-14 be approved.

1. That the confidential memorandum from the Commissioner of Page 22 of 26 Regular Council Minutes March 31, 2014 - 7:00 PM Legal Services/Town Solicitor, dated March 21, 2014 be received; 2. That the Commissioner of Legal Services/Town Solicitor be directed to bring forth a draft by-law with respect to towing concerns as it relates to: a) a fee schedule or cap; b) a minimum timeframe to be in effect before a vehicle could be towed; c) notice be provided prior to any tow; d) the presence of a mandatory impound yard in Whitby to be used if a vehicle is removed from a Whitby location; e) mandatory prior notification to the Police when a vehicle is being towed; f) signage with appropriate phone numbers that can be utilized by the owner to assist in locating their vehicle; and, g) such other amendments as seen advisable. 3. That the affected towing companies be advised of the draft by- law; 4. That upon presentation of the draft by-law, the Commissioner of Legal Services/Town Solicitor provide the timeline for obtaining feedback on the draft by-law; and, 5. That a letter be sent to Christine Elliott, MPP, Jerry Ouellette, MPP, Ministry of Consumer Services, local Durham Region Municipalities and AMO advising of the Town's direction which may be related to Bill 93.

That Item 3 of the main motion be amended by adding the following as a): a) and that a subsequent public meeting take place.

That leave be granted to introduce By-law # 6844-14 to 6850-14, and to dispense with the readings of the by-law by the Deputy Clerk and that the same be considered read and 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 the Council of the Town of Whitby at its regular meeting held on March 31st, 2014, 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.

That Planning Report Item PL 14-14 be received as information.

That Community and Marketing Services Department Report CMS 25- 14 regarding the Greater Toronto Marketing Alliance (GTMA) be received as information.