Regular Council Meeting

That the rules of procedure be suspended in order to change the order of business and continue with New and Unfinished Business.

COUNCIL DECISION 1. That Planning Report No. PL 106-10 regarding the Request to Repeal Heritage Designation By-law 2655-89, The Robert Spence House, 709 Centre Street South, dated September 7th, 2010, be received as information; 2. That Council refuse the application to repeal the heritage designation By- law No. 2566-89 for The Robert Spence House, located at 709 Centre Street South; 3. That a copy of Council’s resolution be sent to Ken and Lynda Chapman and LACAC Heritage Whitby; MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITBY HELD ON TUESDAY, SEPTEMBER 7, 2010 AT THE HOUR OF 7:00 P.M. IN THE MEETING HALL OF THE WHITBY MUNICIPAL BUILDING 4. That a copy of this Report File No. PL 106-10, be sent to the Ministry of Culture, the Association of Municipalities of Ontario, the Insurance Bureau of Canada and the Heritage Canada Foundation; and, 5. That Staff be directed to report back on the Heritage Tax Rebate Program with recommendations for improvements to the program.

1. That Planning Report, Item PL 106-10, be

MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITBY HELD ON TUESDAY, SEPTEMBER 7, 2010 AT THE HOUR OF 7:00 P.M. IN THE MEETING HALL OF THE WHITBY MUNICIPAL BUILDING That CORR 21-10 Joseph W. Tiernay, Ontario Good Roads Association (OGRA) regarding the Minimum Maintenance Standards (MMS) requesting a contribution, be received and that OGRA be advised that a contribution is being made through the Durham Municipal Insurance Pool.

That CORR 22-10 from Mayor Rick Bonnette, the Town of Halton Hills, Re: Motion – Request to Province to Cover all Appeal Costs to the Ontario Municipal Board for Growth Conformity Exercises, be endorsed.

That CORR 23-10 from Pamela Musgrave, Regional Manager, Muscular Dystrophy, Re: Acknowledgement of the Whitby Professional Fire Fighters Association’s fundraising efforts be received for information.

That CORR 24-10 from the residents of Ontario Street East requesting that Ontario Street East between Green Street and Athol Street be curbed and paved in the very near future be

That CORR 25-10 from Chris Buckley, President, CAW Local 222, and J. Freeman, Durham Region Labour Council, regarding a request to the federal government to hold a national summit on the issue of pensions and support the expansion of the Canada Pension Plan be

That CORR 26-10 from Thomas G. Gettinby, CAO & Municipal Clerk, The Township of Brock, regarding support of recognizing the Giant Hogweed as a noxious weed be endorsed.

That CORR 27-10 from Robert Fraser, President, Whitby Chamber of Commerce, regarding transportation and commuting times for Whitby residents be endorsed.

That CORR 28-10 from C. Anne Greentree, Deputy Clerk, the Corporation of the Municipality of Clarington, regarding funding for the Durham Children’s Aid Society (File o. 207.GE) be endorsed.

That CORR 29-10 from John Schindler, President and Chair, Ontario Society of Professional Engineers, asking for support of importance of the nuclear sector in Whitby and the surrounding region be received for information.

That CORR 30-10 from Bruce McMinn, Barrister & Solicitor on behalf of Rossland Properties Inc., with respect to PL 95-10, Rossland Properties Inc., 700 Rossland Road East, Z-30-04, requesting that this matter be

That CORR 31-10 from Steve Popoff, 435692 Ontario Limited, with respect to PL 87-10, outlining his concerns in relation to property municipally known as 820 and 840 Conlin Road, Whitby and noting clarification of a process by which landowners may object to inclusion of their particular lands within the relevant wetland complexes be received and

That CORR 32-10 from Susan Smyth, 458 Crystal Beach Blvd., providing comments with respect to Report PL 90-10, Gerdau-Ameristeel be received and

That CORR 33-10 from John Haas, 458 Crystal Beach Blvd., providing comments with respect to Report PL 90-10, Gerdau-Ameristeel be received and

MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITBY HELD ON TUESDAY, SEPTEMBER 7, 2010 AT THE HOUR OF 7:00 P.M. IN THE MEETING HALL OF THE WHITBY MUNICIPAL BUILDING That the report of the Planning & Development Committee dated August 30, 2010, be adopted, save and except Items 3.1, 3.3, 3.7, 4.1, 4.9. 4.10, 4.11 and 4.12.

COUNCIL DECISION That Planning Report, Item PL 94-10, of the Director of Planning be

That Item 1 of the main motion be amended by adding the following after ‘Amendment 6’; “as amended to defer the following properties from the proposed official plan amendment; a) 4650 Garden Street (Roll #18-09-010-037-03800-0000) b) 4430 Garrard Road (Roll #18-09-010-037-21300-0000) c) 780 Taunton Road East (Roll #18-09-010-037-33400-0000) d) 820 Conlin Road (Roll #18-09-010-037-36400-0000) e) 840 Conlin Road (Roll #18-09-010-037-36500-0000) f) Thickson Road North (Part of Lot 20, Concession 4) (Roll #18-09-010-037-15200-0000); and g) 975 Conlin Road (Part of Lot 18, Concession 4) (Roll #18-09-010-037-36200-0000).

That Item 1 of the main motion be amended by adding after ‘Zoning By-law 1784 (Z-30-04)’, the following: “due to the fact that traffic issues have not been addressed and a more comprehensive plan for the area is required; and”

COUNCIL DECISION MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITBY HELD ON TUESDAY, SEPTEMBER 7, 2010 AT THE HOUR OF 7:00 P.M. IN THE MEETING HALL OF THE WHITBY MUNICIPAL BUILDING 1. That Planning Report, Item No. PL 90-10 be received for information; and, 2. That the Clerk forward a copy of Planning Report Item No. PL 90-10, to Gerdau-Ameristeel, the Ministry of the Environment, and the Region of Durham Clerk’s Department, for information.

COUNCIL DECISION 1. That Council approve the Site Plan Application (SP-16-10) subject to the comments and conditions contained in Planning Report, PL 105-10; and, 2. That the applicant enter into a Letter of Undertaking with the Town of Whitby; and, 3. That the issuance of the building permit be withheld until such time as the required Minor Variance(s) be final and binding and the conditions of the Region have been satisfied.

That Planning Report, PL 77-10, be

COUNCIL DECISION 1. That Council approve Site Plan Application (SP-10-10) subject to the comments and conditions contained in Planning Report Item # PL-97-10; and, 2. That the Mayor and Clerk be authorized to execute the Site Plan Agreement.

COUNCIL DECISION 1. That Planning Report PL 101-10 be received as information; 2. That Administration be directed to establish a Corporate Energy Management Team generally described in this report; 3. That the Corporate Energy Management Team be directed to develop a Corporate Energy Management Plan for Council’s consideration and approval in early 2011; MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITBY HELD ON TUESDAY, SEPTEMBER 7, 2010 AT THE HOUR OF 7:00 P.M. IN THE MEETING HALL OF THE WHITBY MUNICIPAL BUILDING 4. That Administration be authorized to retain the services of Local Authority Services (LAS) to develop the necessary benchmarks to enable the Town to develop a Corporate Energy Management Plan; 5. That the Town of Whitby join the FCM-ICLEI Partners for Climate Protection Program as per the attached Council Resolution; and, 6. That Administration be directed to prepare the terms of reference for an Integrated Community Sustainability Advisory Committee generally as described in this report and in accordance with Council Policy 1-02-14 Boards & Advisory Committees of Council for Council’s consideration and approval.

That the report of the Operations Committee dated August 31, 2010, be adopted, save and except Items 4.1, 4.4, 4.7, 4.20, 4.22, 4.23.

COUNCIL DECISION 1. That Community and Marketing Services Department Report CMS No. 37- 10, regarding the Draft Economic Competitiveness and Development Strategic Plan –“Building Our Economic Future”, be received as information; MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITBY HELD ON TUESDAY, SEPTEMBER 7, 2010 AT THE HOUR OF 7:00 P.M. IN THE MEETING HALL OF THE WHITBY MUNICIPAL BUILDING 2. That Council endorse in principle the recommendations contained within the document entitled “Building Our Economic Future” – An Economic Development Strategy for the Town of Whitby”; 3. That Council endorse in principle the recommendations contained within the document entitled “Building Our Economic Future” - An Economic Development Marketing Strategy for the Town of Whitby”; 4. That the background document entitled “A Situational Analysis Report for the Town of Whitby” be received as information; 5. That the implementation plans associated with the Economic Development Strategy and the Marketing Strategy be

That Item 5 of the main motion be amended by adding after the words ‘Marketing Strategy’ the following; ‘including the one for Brooklin’

COUNCIL DECISION MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITBY HELD ON TUESDAY, SEPTEMBER 7, 2010 AT THE HOUR OF 7:00 P.M. IN THE MEETING HALL OF THE WHITBY MUNICIPAL BUILDING 1. That Council approve the draft Terms of Reference for the development of the Town of Whitby Waterfront Parks and Open Space Master Plan; 2. That Council authorize Staff to issue a Request for Proposal to obtain submissions from qualified consultants; and, 3. That Staff report back to Council with a recommendation regarding the preferred consultant, the cost to complete the project and the timetable to complete the preparation of the Master Plan.

COUNCIL DECISION 1. That the Parks By-law 5066-02 be amended such that the existing hours of closure for parks without lit sport fields and courts be changed from 11:30 p.m. to 6:00 a.m. to 10:00 p.m. to 6:00 a.m. for the period of April 1 to September 30 inclusive; and from 10:00 p.m. to 6:00 a.m. to 8:00 p.m. to 6:00 a.m. for the period of October 1 to March 31 inclusive; 2. That the Parks By-law 5066-02 be amended such that the existing hours of closure for parks with lit sport fields and courts be set as 11:30 p.m. to 6:00 a.m. for the period of April 1 to September 30 inclusive; and 8:00 p.m. to 6:00 a.m. from October 1 to March 31 inclusive; 3. That subject to Council approval of the amendment to park hours that: o signage be changed to reflect the new hours; o Durham Regional Police Service (DRPS) be advised of the change and that Staff continue to forward to DRPS all incident and vandalism notices and reports; o all sport user groups be advised of the change in park hours; and, o the new park hours be advertised in the Parks and Recreation Activity Guides through 2011 and in The Whitby Perspective; and, MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITBY HELD ON TUESDAY, SEPTEMBER 7, 2010 AT THE HOUR OF 7:00 P.M. IN THE MEETING HALL OF THE WHITBY MUNICIPAL BUILDING 4. That Staff report further to Council regarding additional park security measures.

COUNCIL DECISION That Traffic By-Law number 1862-85 be amended to alphabetically incorporate the proposed changes to Schedule “N”: Stop Signs as shown in Attachment A.

COUNCIL DECISION 1. That Public Works Report PW 42-10 be received for information; 2. That the operators of vehicles displaying an Ontario veteran licence plate be exempt from paying parking fees at all on-street parking meters and pay and display machines in municipal lots; 3. That By-law 4910-01, The Municipal Parking Lot By-law, as amended be further amended to exempt operators of vehicles displaying an Ontario veteran licence plate from paying parking fees in municipal lots; 4. That By-law 1862-85, The Traffic By-law, as amended be further amended to exempt operators of vehicles displaying an Ontario veteran licence plate from paying parking fees at on-street parking meters; MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITBY HELD ON TUESDAY, SEPTEMBER 7, 2010 AT THE HOUR OF 7:00 P.M. IN THE MEETING HALL OF THE WHITBY MUNICIPAL BUILDING 5. That the amending by-laws be brought forward for adoption by Council.

COUNCIL DECISION That Council authorize staff to single source and allow Purchasing to finalize the purchase of approximately 90-100 black curb side waste receptacles from Waste Wise Products of Toronto to replace the current receptacles in Downtown Whitby and Downtown Brooklin.

That the main motion be amended by adding the following as Item 2 and re- numbering the main motion as Item 1; ‘That no private advertising be permitted on the receptacles.’ MOTION

That the rules of procedure be suspended in order to reconsider Corporate Services Report, Item CS 64-10.

That Item 2 of the main motion be amended by deleting “four successive weeks” and replacing it with “one week” and further, that Item 3 of the main motion be deleted in its entirety.

MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITBY HELD ON TUESDAY, SEPTEMBER 7, 2010 AT THE HOUR OF 7:00 P.M. IN THE MEETING HALL OF THE WHITBY MUNICIPAL BUILDING That the meeting recess for a short break.

That Council go into an In Camera meeting of Council in accordance with the provisions of the Municipal Act and Procedural By-law 6125-08, in that the matters to be discussed relate to a proposed or pending acquisition or disposition of land by the municipality.

MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITBY HELD ON TUESDAY, SEPTEMBER 7, 2010 AT THE HOUR OF 7:00 P.M. IN THE MEETING HALL OF THE WHITBY MUNICIPAL BUILDING That Council rise from the In Camera session of Council.

1. That Item 1 of the recommendations as contained in the minutes of the In Camera meeting of Council held on September 7, 2010, be adopted;

2. That a by-law be enacted by Council authorizing execution of an agreement of Purchase and Sale between the Town of Whitby and Le Nordik Nature Spa subject to the required conditions and terms.

That the meeting be adjourned.