Regular Council Meeting

That the minutes be adopted, save and except the minutes of March 11 and March 18, 2013.

Page 2 of 20 Regular Council Minutes April 02, 2013 -7:00 PM That the minutes of March 11, 2013 be adopted.

That the minutes of March 18, 2013 be adopted.

That the requests for proclamations for National Volunteer Week - April 21 - 27, 2013; National Day of Mourning - April 28, 2013; 55th Anniversary of the 1958 Whitby Dunlops World Championship - June Page 3 of 20 Regular Council Minutes April 02, 2013 -7:00 PM 2013; Brain Injury Awareness Month - June 2013 and National Victims of Crime Awareness Week - April 21 - 27, 2013 be endorsed.

1. That Council approve Zoning Amendment Application (Z-14-12) and Site Plan Application (SP-10-12), subject to the conditions contained in Section 8.0 of Planning Report, Item PL 31-13; 2. That a By-law to amend Zoning By-law No. 1784 be brought forward for consideration by Council; and, 3. That the Mayor and Clerk be authorized to execute the Site Plan Agreement.

That Planning Report Item No. PL 24-13 be received as information.

That Planning Report No. PL 26-13, regarding policy for common internal traffic aisles and points of ingress and egress, be received as information.

1. That Council approve the request to remove an easement from the title of Block 97, Plan 40M-1765. 2. That the owner of the property be responsible for all fees associated with the removal of the easement.

1. That Council approve the application submitted by Joseph Falvo (Baycliffe Homes) for the extension of the temporary use on the subject property of a residential sales office for a period of three (3) years; and, Page 5 of 20 Regular Council Minutes April 02, 2013 -7:00 PM 2. That the amending by-law be brought forward for Council approval.

1. That Council approve Zoning By-law Amendment Application Z-15- 12 subject to the conditions of approval in Section 8.0 of Planning Report Item PL 33-13; 2. That an amending 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 endorse the ArtFest event being coordinated by Group 74, a local not for profit community organization, being proposed for July 20, 2013; and, 2. That Council authorize Staff to support Art Fest through promotional efforts, and a one time contribution of $370 from the approved downtown special event operating budget to offset permit and road closure costs; and, 3. That Staff report back on the outcomes to Council post event; and, 4. That a copy of this report and Council resolution be forwarded to Group 74 for their information. Page 6 of 20 Regular Council Minutes April 02, 2013 -7:00 PM

1. That the Mayor and Clerk be authorized to execute the (3) year term renewal agreement between the Town of Whitby and the Durham Region Farmer's Market Association for the use of 201 Brock Street South; 2. That a copy of the renewal agreement be forwarded to the Durham Region Farmer's Market Association; 3. That Council approve the request by the Durham Region Farmer's Market Association for the installation of a temporary year-round sign on the north west corner of 201 Brock Street South, as outlined in Section 5.0 of this report; and, 4. That the trees at 201 Brock Street be maintained on a regular basis by the Town, in consultation with the Durham Region Farmer's Market Association and Planning Staff (Marketing and Event Co- ordinator).

That Planning Report PL 25-13 be received for information.

1. That Planning Report PL 27-13 be received for information; and 2. That the Official Plan Amendment and Zoning By-law Amendment applications as submitted, be refused for the reasons outlined in Planning Report PL 27-13; and 3. That the Clerk forward a copy of Council's decision to the Region of Durham and those persons who requested further notification regarding these applications.

1. That Council approve Draft Plan of Subdivision (SW-2012-01) and Zoning Application (Z-16-12) subject to the conditions of approval contained in Section 8.0 of Planning Report Item PL 36-13; 2. That a By-law to amend Zoning By-law No. 1784 be brought forward for consideration by Council; 3. That staff be authorized to prepare a subdivision agreement; 4. That the Mayor and Clerk be authorized to execute the subdivision agreement; 5. That the Region of Durham Commissioner of Planning be advised of Council's decision, and; 6. That the Clerk forward a Notice of Decision to those persons and agencies who had requested to be notified of Council's decision. Page 8 of 20 Regular Council Minutes April 02, 2013 -7:00 PM

1. That the Town Clerk request on behalf of Council that the National Energy Board (NEB) hold an Information Session in the Town of Whitby; 2. That Administration be authorized to submit to the National Energy Board an Application to Participate in Hearing OH-002-2013 through a Letter of Comment; 3. That Administration consider as part of their Letter of Comment to NEB the responses from Enbridge to the Order issued by the NEB on March 14, 2013; and 4. That Administration be requested to report back with a draft Letter of Comment prior to the required submission deadline.

1. That Council approve in principal the draft 2013 - 2018 Recreation and Leisure Services Youth Strategy and the recommendations contained within; and, Page 9 of 20 Regular Council Minutes April 02, 2013 -7:00 PM 2. That Council authorize Staff to proceed with the implementation of the strategies and development of the specific tactics to achieve the objectives outlined in the 2013 - 2018 Recreation and Leisure Services Youth Strategy.

1. That Council approve the recommended 2013 Port Whitby Marina boater event program as summarized in the Community and Marketing Services Report CMS 14-13; 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 24, 2013; 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 Report CMS 15-13 regarding Off Leash Dog Parks be received as information; 2. That Council approve the installation of two Off Leash Dog Parks subject to the comments contained in Community and Marketing Services Report CMS 15-13; 3. That Council approve the two proposed Off Leash Dog Park sites, both of which would be located on lands owned by the Central Lake Ontario Conservation Authority, as follows; o Site No. 1 - located at the southern terminus of Cochrane Street, south of Winchester Road West (Highway 7) and adjacent to the Heber Down Conservation Area; o Site No. 2 - located at the northern terminus of Jeffery Street, south of Highway 401, adjacent to the Lynde Shores Conservation Area; 4. That Council authorize Staff to enter into negotiations with the Central Lake Ontario Conservation Authority and to report back on the terms of a lease agreement for the two proposed Off Leash Dog Park sites; 5. That Council authorize Staff to conduct a Public Information Centre specific to the design of the proposed Off Leash Dog Park sites and report back to Council with the results of the public input, and the estimate of costs to develop the Off Leash Dog Parks and associated parking lots; and, 6. That the Town Solicitor report to Council with an opinion regarding liability and addressing the Negligence Act and Dog Owners’ Liability Act as it relates to the proposed Off Leash Dog Parks prior to establishing the facilities.

1. That Council endorse the recommendations regarding Earth Day/Week (April 20-27, 2013) activities and the Scout Tree Planting event as outlined in Community and Marketing Services Report CMS 16-13; and, 2. That Council acknowledge the Earth Day/Week and Scout Tree Planting sponsors and organizers.

1. That Council approve the draft Terms of Reference for the Request for Proposal (RFP) for submissions from qualified food and beverage providers for the operations associated with the restaurant and the food court concessions at Iroquois Park Sports Centre and the McKinney Centre; 2. That Council authorize staff to issue the Request for Proposal to obtain submissions from interested food and beverage providers; and, 3. That staff report back to Council with recommendations regarding the preferred food and beverage provider(s), proposed financial terms and revenue contributions to the municipality and the timetable(s) related to implementation.

1. That Council approve the proposed design plan for the un-named park block on Cachet Boulevard located in the Brookvalley East subdivision as identified in Community and Marketing Services Report CMS 18-13; 2. That Staff be authorized to proceed with the detailed working drawings, specifications and tender documents for the park; 3. That the park project be tendered and that Staff report back to Council with a recommendation of the preferred general contractor, construction timing and budget analysis; and, 4. That the suggested name of Mildenhall Park be

1. That Council authorize Staff to apply to the 2013 CN EcoConnexions: From the Ground Up funding program as outlined in Community and Marketing Services Report CMS 19-13; and, 2. That Council endorse D'Hillier Park as the proposed location for the funding program application.

1. That the Town of Whitby accept the low tender of Miller Paving Ltd. in the amount of $206,629.55 (excluding taxes) for the supply and placement of surface treatment and slurry seal, and; 2. That the total estimated project cost in the amount of $228,000.00 be approved, and; 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the three (3) year low tender bid of Fine Lines Sign Co. in the amount of $61,250 (excluding taxes) for the supply and installation of park signs; 2. That the total estimated project cost in the amount of $74,578 be approved, and; 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Report CS 17-13 of the Commissioner of Corporate Page 14 of 20 Regular Council Minutes April 02, 2013 -7:00 PM Services/Treasurer be received; 2. That the Town Clerk and Deputy Clerk be authorized to provide civil marriage solemnization services; 3. That the fee for the civil marriage service during regular business hours be set at $250.00; 4. That a by-law be forwarded to Council authorizing the performance of civil marriages for the Town of Whitby; 5. That the marriage license fee be set at $125.00 effective immediately; and 6. That the appropriate officials of the Town of Whitby be authorized to take the necessary actions to give effect thereto.

That Report CS 19-13 of the Commissioner of Corporate Services/Treasurer be received for information.

1. That Public Works Report PW 10-13 be received for information. 2. That staff undertake further consultation with the Ministry of Transportation, Region of Durham, Durham Regional Police Services, Durham District School Board, Durham Catholic District School Board, and the Brooklin Downtown Development Steering Page 15 of 20 Regular Council Minutes April 02, 2013 -7:00 PM Committee. 3. That Council authorize staff to undertake a Public Information Centre (PIC) to allow the public an opportunity to comment on the Draft Recommendations. 4. That staff report back to Council with final recommendations following Public Information Centre No. 2.

1. That Council approve a one year multi-residential Battery Recycling pilot; and, 2. That Staff report back to Council in one year on the findings of the Pilot Program; and 3. That a copy of Public Works Department Report PW 12-13, "Multi- Residential Battery Recycling Pilot Program", be forwarded to the Region of Durham and Area Municipalities.

1. That Public Works report PW 15-13 be received as information; 2. That Council approve the renewal of an agreement with the Regional Municipality of Durham to delegate responsibilities under the Building Code Act with respect to private 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.

1. That Council authorize the Region of Durham to implement a West Nile Virus Vector Control Program for 2013 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 Region of Durham Health Department receive a copy of Public Works Department Report PW 17-13.

That the Management Committee minutes of March 19, 2013 be Page 17 of 20 Regular Council Minutes April 02, 2013 -7:00 PM received.

That leave be granted to introduce By-laws 6720-13 to 6724-13, save Page 18 of 20 Regular Council Minutes April 02, 2013 -7:00 PM and except By-law 6721-13 and to dispense with the readings of the by- laws by the Clerk and that the same be considered read a first, second and third time and finally 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 By-law 6721-13 and to dispense with the readings of the by-law by the Clerk and that the same be considered read a first, second and third time and finally 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 Council of the Town of Whitby at its meeting held on April 2, 2013, and that the same be considered read a first, second and third time and finally passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed. Page 19 of 20 Regular Council Minutes April 02, 2013 -7:00 PM

That the meeting be adjourned.