Regular Council Meeting

That the minutes be adopted.

That the proclamations for National Nutrition Month - March 2014, Red Cross Month - March 2014 and World Plumbing Day - March 11, 2014 and the flag-raising for Red Cross Month - March 11 - 31, 2014 be endorsed.

1. That Council approve zoning application (Z-16-13), subject to the conditions contained in Section 8.0 of Planning Report PL 10-14; Page 3 of 18 Regular Council Minutes March 10, 2014 - 7:00 PM 2. That any necessary By-law be presented for Council‟s approval; and, 3. That the Mayor and Clerk be authorized to sign any necessary documents.

1. That Council approve the proposed user fees for Arena Ice/Floor, Sports Fields and Parks, and the proposed Banquet and Facility Rental Fees as outlined in Community and Marketing Services Department Report CMS 11-14 (Attachment #1 – Sports Fields, Arena Ice/Floor and Park User Fees and Attachment #2 – 2015 Banquet and Facility Rental Fees); 2. That the effective periods for the proposed User Fees and Rental Fees be approved as follows:  Sports Fields, Parks and Arena Ice/Floor User Fees: April 1, 2014 to March 31, 2015  Banquet and Facility Rental Fees: April 1, 2015 to March 31, 2016 3. That Council repeal By-law # 6695-13, being a by-law to impose user fees and rental fees for certain services and activities provided by the Community and Marketing Services Department; and, 4. That Council authorize the Clerk to bring forward a new by-law for approval to implement the proposed user fees and rental fees as outlined in the staff report.

1. That Council approve CIMCO Refrigeration to replace the damaged cold and warm brine headers for Wendy‟s Arena 2 at the Des Newman Arena Complex within Iroquois Park Sports Centre as a bona fide single source as provided for in the Purchasing Policy; 2. That the total estimated project cost in the amount of $75,000 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Community and Marketing Services Department Report CMS 13-14 regarding the Ontario Ministry of Tourism, Culture and Sport‟s Tourism Development Fund be received as information; and, 2. That Council endorse the Economic Development Division submitting an application to the Ontario Ministry of Tourism, Culture and Sport to undertake a tourism asset mapping and gap analysis study with the objective of identifying opportunities in the Town‟s tourism product mix and providing business case material for economic development attraction purposes.

1. That Council approve the recommended 2014 Port Whitby Marina boater event program as summarized in Community and Marketing Services Report CMS 15-14; 2. That Council approve an expenditure not exceeding $1,500 to be funded from the Port Whitby Marina Operating Budget for the provision of a boater appreciation/family day event on August 16, 2014; and, 3. That Council approve reserving the Port Whitby Marina Avalon Lounge on Fridays and Sundays during the prime boating season (commencing Victoria Day weekend to September 30) for use by Marina boaters for organized or informal get-together opportunities.

1. That Community and Marketing Services Department Report CMS 16-14 pertaining to the Healthy Kids Community Challenge from the Page 6 of 18 Regular Council Minutes March 10, 2014 - 7:00 PM Provincial Ministry of Health and Long Term Care, be received as information; and, 2. That staff be directed to proceed with an application to the Ministry of Health and Long Term Care Health Kids Community Challenge.

1. That Community and Marketing Services Department Report CMS 17-14 regarding the proposed Summer Special Events Program and Schedule be received as information; 2. That Council endorse the recommended 2014 Summer Special Events Program; and, 3. That Council recognize and thank the sponsors and community organizations that support the Summer Special Events offered by the municipality.

1. That Community and Marketing Services Report CMS 18-14 regarding the proposed 2014 park projects to be undertaken as identified in the 2014 Parks Capital Budget, be received as information; 2. That Council approve the 2014 Town of Whitby Playground Page 7 of 18 Regular Council Minutes March 10, 2014 - 7:00 PM Replacement and Retrofit Program as identified in Community and Marketing Services Report CMS 18-14; 3. That Council authorize the Parks Development Staff to initiate the Request for Proposal for the design of the playgrounds and to initiate the competitive bid process for the installation of the playgrounds; and, 4. That Staff report back to Council with a recommendation of the manufacturer and design of the playground equipment and the recommended contractor to complete the site works and installation of the 2014 playground equipment program.

1. That Community and Marketing Services Department Report CMS 20-14 pertaining to the Safer and Vital Communities Grant from the Ontario Ministry of Community Safety and Correctional Services, be received as information; and, 2. That Council authorize Staff to make an application to the Safer and Vital Communities Grant with the support of the Ethno-cultural and Diversity Advisory Committee of Council, Whitby Youth Council and Seniors Committee of Council, and in partnership with Ontario Shores Centre for Mental Health Sciences, Durham Region Social Services and Durham Regional Police Services, as outlined in the staff report.

1. That the Town of Whitby accept the low tender bid as received from Miller Paving Limited in the amount of $117,115.00 (net HST) for all labour material and equipment necessary to complete the supply and placement of surface treatment and slurry seal as required by the Town of Whitby; and, 2. That the total estimated project cost for the Town of Whitby in the amount of $128,931.97 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 Furfari Paving Company Limited in the amount of $3,173,166.96 (excluding taxes) for all labour, materials and equipment necessary to complete road resurfacing - Urban at various locations within the Town of Whitby; 2. That the total estimated cost in the amount of $3,712,479.86 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

That applications for cancellation, reduction, adjustment and/or refund of taxes be approved as listed in this report, in the amount of $4,644,929.70 for the taxation years 2000 to 2013 inclusive.

Whereas Line 9 is a high pressure oil pipeline that crosses the full width of Durham Region, and Enbridge has applied to the National Energy Board for permission to: 1. reverse its flow so that it carries crude oil from North Westover to Montreal 2. increase its flow from 240,000 barrels to 300,000 barrels per day 3. include diluted bitumen to the classes of petroleum it can carry Whereas the Town of Whitby submitted a Letter of Comment to the NEB expressing its concerns and similar Letters of Comment were submitted by the Region of Durham and the Town of Ajax, as well as private individuals and organizations, Whereas the Province of Ontario also expressed its concern in its submission to the NEB and set out 7 minimum conditions that they felt Page 10 of 18 Regular Council Minutes March 10, 2014 - 7:00 PM should be imposed before the NEB approves Enbridge's application: 1. a hydrostatic test of the Line 2. an independent 3rd party review of the risk and engineering assessments submitted by Enbridge 3. insurance coverage of $1billion 4. that Enbridge incorporate vulnerable areas and source protection plans into their high consequence area and environmentally sensitive area maps 5. that these vulnerable areas be incorporated into its emergency response plan 6. conduct emergency response exercises annually with all municipalities who want them 7. publish an annual report on Line 9, including information about maintenance, spills and integrity testing Whereas the NEB issued its r

Whereas Steve Cosgrove, a long time Brooklin resident, has served with distinction in World War II; Page 12 of 18 Regular Council Minutes March 10, 2014 - 7:00 PM Whereas Steve Cosgrove has devoted his talents, resources and given selflessly to Brooklin and the entire Whitby community, including over 30 years on the Committee of Adjustment; Whereas Steve Cosgrove, as a long time member of the Brooklin Legion has spent countless hours educating students about the importance of remembrance and what it means to be Canadian; Whereas it is most fitting to honour our noteworthy citizen for his work and contributions to the Town of Whitby; Therefore be it resolved that the Durham District School Board be hereby requested to name the new Brooklin High School after Steve Cosgrove; And be it further resolved that the Town Clerk be directed to take the necessary action to give effect thereto.

That the fifth paragraph of the main motion be amended to read as follows: Therefore be it resolved that the Durham District School Board add Steve Cosgrove's name to the list being considered by the selection committee to name the new Brooklin High School;

1. That the Council of the Town of Whitby support the efforts of the City of Mississauga related to Bill 69 – Prompt Payments Act, 2013; 2. That Town Council indicate its concern over the limitation on the freedom to contract for construction services and the negative financial impact that Bill 69 – Prompt Payments Act, 2013 will impose on Ontario municipalities and their property taxpayers if it is approved in its current form; 3. That Town Council request this proposed bill, should it go forward, be amended by agreement of all three provincial parties to exempt municipal governments from its requirements; and 4. That the Minister of Municipal Affairs and Housing, Association of Municipalities of Ontario and local MPP‟s be hereby advised.

1. That Council approve the disposition of the Puckrin House and Log Cabin, both in municipal ownership and located at Cullen Central Park, to the Auberge et Spa Le Nordik, carrying on business as Nordik Immobiliers - Chelsea Inc. (“Le Nordik”) under the terms and conditions outlined in Community and Marketing Services Department Report CMS 19-14; 2. That Council authorize the Town Solicitor to prepare the necessary agreement and all accompanying documents to effect the transaction between the two parties; and, 3. That the Mayor and Clerk be authorized to execute the documents to Page 14 of 18 Regular Council Minutes March 10, 2014 - 7:00 PM give effect thereto.

1. That the appointments for the following be confirmed:  Whitby Sustainability Advisory Committee Stacey Leadbetter for a term ending November 30, 2014 Erica C. Rapa for a term ending November 30, 2014  Harbour Day Committee Brian McCuaig for a term ending November 30, 2014 Jason Tyron for a term ending November 30, 2014  Whitby in Bloom Committee Lorraine Grant for a term ending November 30, 2014 2. That the Town Clerk notify all applicants.

Page 16 of 18 Regular Council Minutes March 10, 2014 - 7:00 PM That leave be granted to introduce By-law # 6839-14 to 6842-14, 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 March 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.