Regular Council Meeting

Regular Council Minutes March 09, 2015 - 7:00 PM That the minutes be adopted.

That the proclamations for World Down Syndrome Day - March 21, 2015, Red Cross Month - March 2015, World Autism Awareness Day - April 2, 2015 and Public - Rail Safety Week - April 27 - May 3, 2015 and the flag raisings for Red Cross Month - March 10 - 31, 2015 and World Autism Awareness Day - April 2 - 30, 2015 be endorsed.

That Council receive as information the Brooklin Downtown Development Steering Committee 2014 Annual Report.

That Council receive as information the Downtown Whitby Development Steering Committee 2014 Annual Report.

1. That Council approve the proposed Original Art Downtown Banners Pilot Project as outlined in this report; and, 2. That Staff report back at a later date on the results of the Pilot Project.

1. That Council approve the application for a Draft Plan of Condominium (CW-2014-02) subject to the conditions of approval in Section 8.0 of Planning Report Item PL 12-15; 2. That the Mayor and Clerk be authorized to execute the Condominium Agreement for the subject property; and, 3. That the Clerk advise the Commissioner of Planning at the Region of Durham of Council’s decision.

Page 4 of 18 Regular Council Minutes March 09, 2015 - 7:00 PM That Council approve Sign By-law Variance Application SB-01-15 to the Town of Whitby Sign By-law 5695-05 for Taunton Gardens Shopping Centre on lands municipally known as 304-330 Taunton Road East in accordance with the following amendments: a. To increase the sign area of the existing double sided pylon sign located within proximity to the Taunton Road driveway to 22.0 square metres, and height to 9.5 metres, whereas the maximum permitted sign area and height for a pylon sign is 15.0 square metres and 7.5 metres respectively; b. To permit one (1) new double-sided directional sign to be located within the walkway adjacent to Building I, with a sign area of 2.0 square metres, and height of 2.5 metres, whereas the maximum sign area and height for a directional sign is 1.0 square metre and 2.0 metres respectively; c. To permit one (1) new double sided directional sign to be located north of the stairs leading from the parking lot to the commercial units fronting Taunton Road between Buildings J and K, with a sign area of 2.0 square metres, and height of 2.5 metres, whereas the maximum sign area and height for a directional sign is 1.0 square metre and 2.0 metres respectively; and, d. To permit two (2) new double sided directional signs to be located within the courtyard at the northeast corner of Taunton Road and Garden Street, with sign areas of 2.5 square metres each, and heights of 2.2 metres each, whereas the maxi

That Canada Post be advised that Whitby Town Council hereby requests: 1. Canada Post to conduct Town Hall meetings or open communication (in addition to the Canada Post mailed surveys with the residents being affected by the service change) for all concerned residents; 2. The Town Hall meetings are to be hosted by the local member of Parliament (M.P.) or other federal representatives, with Canada Post Page 5 of 18 Regular Council Minutes March 09, 2015 - 7:00 PM representatives and all local councillors to discuss what kind of postal services Whitby residents need; 3. That the Town of Whitby will not endorse Canada Post actions prior to the consultation process being satisfactorily completed; and, 4. That a copy of this resolution be forwarded to area municipalities.

1. That Council approve the proposed user fees for Arena Ice/Floor, Sports Fields and Parks, and the proposed Banquet Halls 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 Halls and Facility Rental Fees); 2. That the effective period for the proposed User Fees and Rental Fees be approved as follows: o Sports Fields, Parks and Arena Ice/Floor User Fees: April 1, 2015 to March 31, 2016; and, o Banquet Halls and Facility Rental Fees: April 1, 2016 to March 31, 2017. 3. That Council repeal By-law # 6839-14, 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.

That Report No. CS 17-15 of the Commissioner of Corporate Services/Treasurer be received as information.

1. That the Town of Whitby accept the low tender as received from Peltar Paving & General Contracting Company Ltd. in the amount of $79,320.00 (plus applicable taxes) to complete the removal of existing brick pavers and the installation of new concrete sidewalks, curbs, and drop curbs for the main entrance to the Civic Recreation Complex as required by the Town of Whitby; 2. That an over-expenditure in the amount of $6,000 be approved and funded from the Capital Maintenance Reserve; 3. That the total estimated project cost in the amount of $83,500.00 be approved; and, 4. 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 $3,304,605.11 (excluding one provisional road (Lyndhurst Crescent) and taxes) for all labour, materials and equipment necessary to complete Urban Road Resurfacing at various locations within the Town of Whitby; 2. That an over expenditure in the amount of $567,597.00 be approved and financed from the Maintenance Reserves category; 3. That the total estimated cost in the amount of $3,820,000.00 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Council authorize Staff to proceed with a funding application to the Federal Economic Development Agency for Southern Ontario (FedDev Ontario) under the Investing in Regional Diversification Program for the proposed Ontario Beverage Institute and Durham College Whitby Campus expansion, to be located in the Durham Learning and Business District (dLAB); and, 2. That Staff report back regarding the FedDev Ontario funding application.

1. That the Site Assessments for the Potential Location of a Municipal Performing Arts Centre Study prepared by SRM Associates be received as information; 2. That Council consider other development options on the former fire hall site in downtown Whitby now that the Site Assessments Study for a Municipal Performing Arts Centre has been provided to Council as directed; and, 3. That further studies or analysis be

That the main motion be amended by adding the following as items 4 Page 9 of 18 Regular Council Minutes March 09, 2015 - 7:00 PM and 5 and the recommendation renumbered accordingly: 4. That staff be directed to report back on the funds raised through the Mayor's Gala for the Performing Arts Centre and clarify the purposes of the funds and opportunities for the Town to utilize the money raised; and, 5. That a letter be sent to Pat Perkins, as the contact for the Foundation, from Mayor Mitchell advising of Council's decision to not proceed with a Performing Arts Centre at this time.

1. That Council stop up and close a portion of the Grand Trunk Street Lands being, Part 1 on Plan 40R-28354, (Attachment 1); 2. That the Clerk bring forward the necessary By-law to stop up and close Part 1 on Plan 40R-28354, being a portion of Grand Trunk Street; and 3. That the Mayor and Clerk be authorized to execute any required documents, as necessary to affect this transaction.

Page 10 of 18 Regular Council Minutes March 09, 2015 - 7:00 PM 1. That Council approve Public Works Department co-hosting a Compost Giveaway event with the Region of Durham on Saturday, May 2, 2015; 2. That Council approve Public Works Department co-hosting an Electronic Waste Collection event with the Region of Durham on Saturday, October 3, 2015; and, 3. That a copy of Public Works Department Report PW 15-15, regarding the “2015 Community Waste Events” be forwarded to the Region of Durham and the Area Municipalities.

WHEREAS Le Nordik Spa has requested an exemption from By-law #51-74 to permit outdoor solid fuel burning associated with their proposed spa operation at 4015 Cochrane Street, and; WHEREAS the proposed spa at 4015 Cochrane Street while located in an urban area is located in a rural like setting, and; WHEREAS Le Nordik Spa has indicated that outdoor recreational fires are an essential part of their client experience, and; Page 11 of 18 Regular Council Minutes March 09, 2015 - 7:00 PM WHEREAS the proposed Le Nordik Spa represents a significant investment with significant economic benefits for this community, and; WHEREAS Le Nordik Spa has agreed to implement fire safety measures to manage risks associated with outdoor fires. WHEREFORE notwithstanding By-Law #51-74 being a By-law to regulate the setting of fires in the Town of Whitby and the Town’s past practice of issuing permits for fires in rural areas only and only for the purpose of burning natural waste materials associated with an agricultural operation, it is recommended; THAT Le Nordik Spa be granted an exemption from By-law #51-74 to permit burning of solid fuel in enclosed fire pits for recreational purposes as part of the operation of their proposed spa at 4015 Cochrane Street subject to: a) Le Nordik Spa being fully responsible for their fires and agreeing to pay all costs associated with WFES responding to a fire associated with or resulting from their site, and; b) All fires being attended to and supervised at all

That the open air burn permit referenced under By-law #51-74 as amended, Being a By-law to Regulate the Setting of Fires in the Town of Whitby, be modified to allow oversized burns in rural properties.

That the recommendations contained in Confidential Corporate Services Report, CS 16-15 be adopted.

That an accessible connection from Heydenshore Pavilion to the Waterfront Trail be included in the trails tender.

That the recommendations in Item 2.1 as contained in the confidential minutes of the Management Committee held on February 10, 2015 be adopted.

Page 15 of 18 Regular Council Minutes March 09, 2015 - 7:00 PM That Brad Jemmett be appointed to the County Town Carnival Committee for a term ending November 30, 2018; That Rosemary Theriault, pending receipt of her application, be appointed to the County Town Carnival Committee for a term ending November 30, 2018; That Elsie Myette be appointed to the Harbour Day Committee for a term ending November 30, 2018; That Joyce Marshall, Heather Kearney and Rebecca Murray be appointed to the LACAC Heritage Whitby for a term ending November 30, 2018; and, That Jane Snyder be appointed to the Whitby in Bloom Committee for a term ending November 30, 2018.

That leave be granted to introduce By-law #6960-15 to 6969-15 and to dispense with the readings of the by-laws by the Clerk and that the same be considered read and passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.

That the meeting adjourn.

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 9, 2015 and the same be considered read and passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.