Regular Council Meeting

That CORR 19-10 from Christy Chrus, Secretary-Treasurer of LACAC Heritage Whitby regarding the nomination of Margaret Clayton for Heritage Community Recognition Program “Built Heritage” be endorsed.

That the report of the Planning and Development Committee dated June 14, 2010, be adopted, save and except Item 3.3.

COUNCIL DECISION 1. That Council approve the application to amend the Town of Whitby Official Plan (OPA 2009-W/04) as Amendment No. 87 to the Whitby Official Plan, subject to the comments and conditions contained in Planning Report Item No. PL 78-10; and, 2. That a By-law to adopt Official Plan Amendment No. 87 be brought forward for consideration by Council; and, 3. That the Clerk forward a copy of Planning Report, Item PL 78-10, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Official Plan Amendment No. 87 to the Region of Durham’s Commissioner of Planning; and 4. That Council approve the application to amend Zoning By-law No. 1784, (File Z-12-09), subject to the comments and conditions contained in Planning Report Item PL 78-10; and, 5. That a By-law to amend Zoning By-law No. 1784 be brought forward for consideration by Council; and, 6. That the Clerk forward a Notice of Decision to the Region of Durham’s Commissioner of Planning and those persons and agencies who had requested to be notified of Council’s decision; and, 7. That Zoning Amendment application (Z-14-07) and Site Plan Amendment Application (SP-18-07) be closed; and, 8. That an agreement to secure the preservation of the buildings at 18 and 20 Winchester Rd. and their relocation within the site be entered into prior to the approval of any Zoning By-law amendment.

That the report of the Operations Committee dated June 21, 2010, be adopted, save and except Items 4.2, 4.3, 4.9, 4.10, 4.12 and 4.18.

1. That Report CS 41-10 of the Director of Corporate Services/Treasurer be received; and, 2. That Section 3(b) regulating Election Campaign Signs in By-law No. 5696- 05, the Temporary Sign By-law be repealed; and, 3. That the draft by-law authorizing the regulation of Election Signs, included as Attachment No. 1 to this report be enacted; save and except the deletion of 5 (c); and, 4. That the appropriate officials of the Town of Whitby be authorized to take the necessary action to give effect thereto. MOTION

COUNCIL DECISION That Report CS 41-10 of the Director of Corporate Services/Treasurer regarding the regulation and enforcement of Election Signs be

COUNCIL DECISION 1. That Council adopt in principle the recommendations contained in the Town of Whitby Cycling and Leisure Trails Plan Final Report; and, 2. That Staff be directed to consider and report on the recommendations contained in the Town of Whitby Cycling and Leisure Trails Plan Final Report within all future capital projects and development applications; and, 3. That Staff be directed to bring forward an implementation plan, including a funding strategy regarding the Town of Whitby Cycling and Leisure Trails Plan for Council’s consideration; and, 4. That Council request Durham Regional Council to amend the Regional Cycling Spine Network to include all facilities identified on Regional Roads in the Town of Whitby Cycling and Leisure Trails Plan Final Report; and, 5. That a copy of the Town of Whitby Cycling and Leisure Trails Plan Final Report be forwarded to the Region of Durham, the neighbouring municipalities of the Town of Ajax, City of Pickering, City of Oshawa and the Township of Scugog, the Central Lake Ontario Conservation Authority and the Ministry of Transportation; and, 6. That staff be requested to report back to Council on the future Lynde Creek Trail including a review of previous Council resolutions, established policies and status of acquisitions.

That Item 5 of the main motion be amended by adding after ‘Township of Scugog’, the following: “Township of Brock, Township of Uxbridge and the Municipality of Clarington”.

COUNCIL DECISION 1. That Community and Marketing Services Department Report CMS 29-10 regarding the Municipal Performing Arts Centre Market and Community Needs Assessment Study be received as information; and, 2. That as a next step in the evaluation process, Staff be directed to undertake a location analysis of potential sites that could house a Performing Arts Centre; and, 3. That Council direct Staff to engage an engineering and design consultant to assist in the determination of the site servicing requirements, projected site development costs and other property specific issues that would be associated with potential sites that could house a Performing Arts Centre; 4. That Council defer consideration of any options for the former Fire Hall site in downtown Whitby until the location analysis for a Performing Arts Centre is completed and reviewed with Council; and, 5. That Staff be directed to develop a business case that would contain long term financing options, including a potential public-private partnership, for the purpose of constructing and operating a Performing Arts Centre; and, 6. That Staff report back to Council with their findings and recommendations.

COUNCIL DECISION 1. That the Town of Whitby accept the low tender of Carr McLean Limited in the amount of $125,600 (net HST) for Library Stacks and Shelving for the Brooklin Community Centre & Library; and, 2. That the total estimated project cost for the Town of Whitby in the amount of $127,810.56 be approved; and, 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 Drechsel Business Interiors in the amount of $176,304.10 (net HST) for Interior Furniture Requirements for the Brooklin Community Centre & Library; and, 2. That the total estimated project cost for the Town of Whitby in the amount of $179,407.05 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

COUNCIL DECISION 1. That the annual Statement of Development Charge Reserve Funds as at December 31, 2009 be received for information; and, 2. That a copy of the Statement be forwarded to the Minister of Municipal Affairs and Housing.

That the meeting recess for a short break.

COUNCIL DECISION 1. That Public Works report PW 30-10 be received as information; and, 2. That Council approve the renewal of an agreement with the Health Department of the Regional Municipality of Durham to delegate responsibilities under the Building Code Act with respect to sewage systems with capacity of less than 10,000 litres per day; and, 3. That the Mayor and Clerk be authorized to execute the agreement on behalf of the Town of Whitby.

COUNCIL DECISION 1. The Report CS 56-10 of the Director of Corporate Services/Treasurer be received; and, 2. That CORR. 18-10 from Bell Taxi and Circle Taxi, included as Attachment 1 to this report be received and the Town Clerk advise the respondents of the action taken in this regard; and, 3. That the draft amending by-law to Licensing By-law 5545-04, as amended, increasing the taxicab tariffs to reflect the 8% Harmonized Sales Tax, included as Attachment 2 to this report be approved and enacted.

COUNCIL DECISION 1. That the Town of Whitby enter into an Agreement with the Federal Economic Development Agency of Southern Ontario and specifically under the Community Adjustment Fund Program for the general purposes of obtaining financing through a non-repayable contribution; and, 2. That Council authorize staff to work directly with Whitby Hydro to implement the distribution system and street light improvements required as part of the Downtown Brooklin Infrastructure Project; and, 3. That Council authorize staff to increase the scope of tender T-502-2010 for sidewalk construction at various locations within Whitby to include the Brooklin Infrastructure sidewalk replacement at tendered unit pricing; and, 4. That the Mayor and Clerk be authorized to execute the required documents.

COUNCIL DECISION 1. That Report No. PL 84-10, regarding the Designation of Heritage Buildings at Cullen Central Park (Log Cabin Emporium, Jones Puckrin House, and MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITBY HELD ON MONDAY, JUNE 28, 2010 AT THE HOUR OF 7:00 P.M. IN THE MEETING HALL OF THE WHITBY MUNICIPAL BUILDING Cullen Summer Cottage), dated June 28th, 2010, be received as information; and, 2. That Staff be authorized to have the exterior elevations of the Log Cabin Emporium, Jones Puckrin House and the Cullen Summer Cottage, municipally known as 300 Taunton Road West designated under Part IV of the Ontario Heritage Act as per the recommendation of LACAC Heritage Whitby; and, 3. That Staff, in consultation with LACAC Heritage Whitby, be directed to prepare and forward an appropriate ‘Notice of Intent to Designate’ to the property owner, the Ontario Heritage Trust and the local newspaper; and, 4. That Staff be directed to prepare the necessary by-law together with reasons for designation for Council’s consideration.

That Council go into an In Camera meeting of the Council which has been scheduled in accordance with the provisions of the Municipal Act, and Procedural By-law 6125-08, in that the matters to be discussed relate to advice that is subject to solicitor-client privilege, including communications necessary for that purpose and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

That Council rise from the In Camera session of Council.

The Ontario Municipal Board, OPA-2009-W/01, OMB File No. PL090617,1675239 Ontario Limited (Guscon) 1606, 1610 & 1614 Charles Street, Harbour Development Area No. 2 Whereas the matter of applications OPA 2009-W/01 and Z-02-09 have been

That the meeting be adjourned.