Regular Council Meeting

That the rules of procedure be suspended in order to hear additional presentations re: PL 20-10 Parkview Boulevard Area Regarding Lot Coverage and the Need for an Interim Control By-Law.

That CORR 15-10 from Debbie Shields, City Clerk, City of Pickering regarding a Notice of Motion – Administration of the Provincial Offences Act, be

That the report of the Planning and Development Committee dated April 6, 2010, be adopted, save and except Items 4.1 to 4.5.

COUNCIL DECISION 1. That Council approve Zoning Application (Z-22-09) subject to the applicant submitting a revised concept plan to provide the requirement of four parking spots on-site including one accessible parking spot and the Planning Department comments contained in Section 7.C of Planning Report PL 33-10; 2. That a By-law be brought forward for Council consideration; 3. That should the Applicant be required to provide Cash in-lieu of parking, it be provided at a rate of $2,550.00 per space; 4. That the Applicant enter into a Site Plan Agreement with the Municipality; 5. That the Mayor and Clerk be authorized to execute the Site Plan Agreement.

COUNCIL DECISION 1. That Planning Report Item PL 20-10, regarding Correspondence 25-09, dated October 7, 2009, be received for information; 2. That a study be undertaken to assess the appropriateness of the larger dwellings within the subject area taking into account height, lot coverage, architectural style and design. 3. That the Clerk notify the authors of the correspondence and the Committee of Adjustment of Council’s decision regarding Planning Report Item PL 20-10.

COUNCIL DECISION 1. That Council approve Site Plan Application SP-28-09 subject to the comments and conditions contained in Planning Report Item No. PL-35- 10; and, 2. That Council authorize the Mayor and Clerk to execute a Site Plan Agreement.

COUNCIL DECISION That Planning Report Item PL 37-10 be received as information.

COUNCIL DECISION 1. That Planning Report Item PL 32-10, regarding the Update of the MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITBY HELD ON MONDAY, APRIL 19, 2010 AT THE HOUR OF 7:00 P.M. IN THE MEETING HALL OF THE WHITBY MUNICIPAL BUILDING Allocation of the Downtown Development Capital Reserve Fund and 2010 Downtown Development Capital Budget, dated April 6, 2010, be received as information; and, 2. That Staff be authorized to allocate in 2010 the remaining Downtown Capital Reserve Fund and 2010 Downtown Development Capital Budget to projects and programs outlined in Section 5.0 of this Report.

COUNCIL DECISION 1. That the Town of Whitby accept the low tender of Hanford Lumber Limited in the estimated amount of $66,819.90 (plus applicable taxes) for the supply and delivery of pressure treated lumber. 2. That approval be granted to extend this contract for up to two (2) additional one (1) year terms subject to a Consumer Price Index increase for each of these years. Continuation for the subsequent years will be based on a satisfactory annual performance review, timely delivery of items, quality of lumber supplied and budget approval; and MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITBY HELD ON MONDAY, APRIL 19, 2010 AT THE HOUR OF 7:00 P.M. IN THE MEETING HALL OF THE WHITBY MUNICIPAL BUILDING 3. That the Mayor and Clerk be authorized to execute the contract documents.

COUNCIL DECISION 1. That the Town of Whitby accept the low tender of Furfari Paving Co. Ltd. in the amount of $1,186,168.63 (net GST) for hot mix paving of various rural roads in the Town of Whitby; 2. That an over expenditure in the amount of $38,968.63 be approved and funded from the Capital Reserve Fund; 3. That the total estimated project cost for the Town of Whitby in the amount of $1,308,668.63 be approved; and 4. That the Mayor and Clerk be authorized to execute the contract documents.

COUNCIL DECISION 1. That Public Works Report PW 21-10 be received as information; 2. That a new by-law as attached, for the registration of accessory apartments be brought forward for adoption by Whitby Council; and MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITBY HELD ON MONDAY, APRIL 19, 2010 AT THE HOUR OF 7:00 P.M. IN THE MEETING HALL OF THE WHITBY MUNICIPAL BUILDING 3. That Council repeal by-law 4359-99.

COUNCIL DECISION That Robin Mason and Dan Acre be appointed to the Brooklin Downtown Development Steering Committee for a term expiring on November 30, 2010.

COUNCIL DECISION 1. That Community and Marketing Services Department Report CMS 18-10 be received as information; 2. That Council endorse the following resolution:  Whereas the Provincial Government has previously instituted an electricity rebate program, the Northern Pulp and Paper Electricity Transition Program, that effectively reduces the cost of electricity to pulp and paper mills located in northern Ontario by approximately 15 percent (extended to September 2010); MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITBY HELD ON MONDAY, APRIL 19, 2010 AT THE HOUR OF 7:00 P.M. IN THE MEETING HALL OF THE WHITBY MUNICIPAL BUILDING  Whereas the Provincial Government has most recently announced as part of the “Open Ontario” 2010 Budget the creation of a three-year industrial electricity program averaging $150 million per year which would reduce electricity prices by almost 25 percent based on 2009  levels for all large northern Ontario industrial facilities, including the pulp and paper industry;  Whereas those companies in the pulp and paper industry, such as Atlantic Packaging Products Ltd., that operate plants in southern Ontario are competitively disadvantaged since they are not eligible for the current electricity rebate program and the newly announced industrial electricity program that will be available to pulp and paper manufacturers in northern Ontario;  Whereas the proposed lower electricity prices place an unfair competitive advan

COUNCIL DECISION WHEREAS the lease agreement between the Town of Whitby and Abilities Centre Durham could require proof that sufficient funds have been approved to cover the cost of any contract required to complete the works that form part of constructing the Abilities Centre on Town property prior to initiation of construction; AND WHEREAS such a clause would mitigate the need for a Letter of Credit for all on-site engineering work and landscaping under the Site Plan Agreement; and THEREFORE, Council hereby resolves to rescind the requirement contained in Report CMS Report 35-08 requiring Abilities Centre Durham to provide the Town with a suitable Letter of Credit for all on-site engineering work and landscaping for purposes of the applicable Site Plan Agreement and directs that the lease between the Town and Abilities Centre Durham contain suitable provision for completion of such on-site engineering work and landscaping.

That Council go In Camera in accordance with the provisions of the Municipal Act for the purpose of dealing with matters relating to the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

That Council rise and ratify the actions taken at the In Camera session.

That the meeting be adjourned.