Councillors Coe, Drumm, Emm, Mitchell, Pitchforth, Roy and Scott. Mayor Perkins in the Chair

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1 PRESENT: Mayor Perkins Councillors Coe, Drumm, Emm, Mitchell, Pitchforth, Roy and Scott Mayor Perkins in the Chair ALSO PRESENT: M. J. Chechalk, Chief Administrative Officer P.G. LeBel, Director of Community & Marketing Services K.R. Nix, Director of Corporate Services/Treasurer K. MacCarl, Fire Chief R.B. Short, Director of Planning Suzanne Beale, Director of Public Works (Acting) P. Jones, Town Clerk S. Cassel, Clerk Stenographer, Clerks Department 1. BY-LAW TO ADOPT THE MINUTES - BY-LAW NO RESOLUTION NO Councillor Coe, seconded by Councillor Pitchforth moved for leave to introduce a by-law and to dispense with the readings of the by-law by the Clerk to adopt the minutes of the meetings of Council held on May 14, 23 and 28, 2007, 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. By-law No considered read a first, second and third time and finally passed. 2. PRESENTATIONS (1) Mayor s Cup Baseball Tournament Mayor Perkins welcomed Tony Moore from Whitby Minor Baseball and players from the Whitby Mosquito Baseball Team. Mr. Moore presented the Mayor with the Mayor s Cup, symbolic of baseball supremacy between Whitby and Ajax. Whitby has won the annual challenge between Ajax and Whitby baseball clubs 17 of 27 times. Mr. Moore also presented the Mayor with two framed pictures. The Mayor gave Mr. Moore Town of Whitby pins for exchange with teams from the United States in upcoming competitions.

2 2. (Continued) (2) Whitby Wildcats Bantam AA Hockey Team Mayor Perkins, Councillor Shirley Scott and Peter LeBel, Director of Community & Marketing Services, recognized the Whitby Wildcats Bantam AA Hockey Team who were Ontario Minor Hockey Association Champions and Silver Medalists at the Ontario Hockey Federation Finals. (3) Recognition of Ontario Hockey League Draftees Mayor Perkins, Councillor Shirley Scott, Chair of the Community & Marketing Services Department and Peter LeBel, Director of Community & Marketing Services, recognized each of this year s eleven draftees for their accomplishment. Mayor Perkins presented each player with a document of congratulations as well as a gift from the Town of Whitby. (4) Recognition of Earth Day Organizers Mayor Perkins, Councillor Shirley Scott, Chair of the Community & Marketing Services Department, Peter LeBel, Director of Community & Marketing Services and Steve Edwards, Manager of Parks, Marina & Long Range Planning recognized the key organizers of Earth Day in the Town of Whitby. 3. CORRESPONDENCE (1) CORR Receive as Information Len Walton, President Indicate support to work with Brooklin Agricultural Society the Society. Noting the value of the Brooklin Spring Fair to the Community and seeking Council support to work with the Society on the annual event. RESOLUTION NO Moved by Councillor Emm Seconded by Councillor Drumm That Mayor Perkins respond on behalf of Council and advise the Brooklin Agricultural Society of Council s willingness to work with the Society in support of the Brooklin Spring Fair.

3 4. COMMITTEE REPORTS (a) Minutes of the Meeting of the Operations Committee held May 22, 2007 (1) Public Works Report, Item Re: Fence By-Law No That the prescribed permit fee for Fence By-law No increase to $ for the year 2007 and $ for the year (2) Public Works Report, Item Re: Amendments to the Building By-Law No That Building By-Law No be amended to incorporate the following change to Schedule A: ADD: a) Terri Fahad & Steve Smythe as Inspectors b) Dave Speed as Chief Fire Prevention Officer REMOVE: a) S. Gerard, V. Jeronimo, M. MacGillivray, H. Rudolph as Inspectors b) J. Dinsmore, Chief Fire Prevention Officer (3) Public Works Report, Item Re: Streetlight Maintenance Agreement with Whitby Hydro Energy Services Corporation 1. That Public Works Report, Item PW regarding Streetlight Maintenance Agreement With Whitby Hydro Energy Services Corporation be received as information; 2. That Council authorize the Mayor and Clerk to enter into a three (3) year Streetlight Maintenance Agreement with Whitby Hydro Energy Services Corporation; and,

4 3. That a copy of the Public Works Report, Item PW regarding Streetlight Maintenance Agreement With Whitby Hydro Energy Services Corporation be forwarded to Whitby Hydro Energy Services Corporation for their information. (4) Public Works Report, Item Re: Appointment of Municipal By-law Enforcement Officers for the Purpose of Enforcing Parking Restrictions on Private Properties That a by-law be brought forward to appoint certain persons and revoke the appointment of other persons as Municipal By-Law Enforcement Officers for the purpose of enforcing the parking restrictions on the private property as indicated in Schedule A to Public Works Report, Item (5) Public Works Report, Item Re: Purchase of Replacement Two Stream Garbage Packer That staff be authorized to negotiate directly with Joe Johnson Equipment Incorporated for the supply and delivery of a 2007 two stream horizontally split garbage packer in an amount not to exceed $310, (6) Public Works Report, Item Re: Public Waste / Recycling Container Partnership 1. That the Mayor and Clerk be authorized to enter into a five (5) year agreement with Creative Outdoor Advertising for the supply, installation and maintenance of curb-side waste and recycling containers; and, 2. That a copy of this report be forwarded to the Region of Durham.

5 (7) Corporate Services Report, Item Re: Contract W D Hillier Stormwater Management Facility Job # That the Town of Whitby accept the low tender of S & F Excavating Ltd. in the amount of $564,163.22; 2. That the total estimated project cost in the amount of $617, be approved; and 3. That the Mayor and Clerk be authorized to execute the contract documents. (8) Corporate Services Report, Item Re: Electronic Payment of Municipal Parking Infractions through the Town of Whitby s Web Site 1. That the municipality enter into an agreement with Teranet Incorporated, to provide services for the payment of Town of Whitby Parking Infraction Notices online via the Town s and Teranet s paytickets.ca web site; and; 2. The Mayor and Clerk be authorized to execute the contract documents for a three (3) year period. (9) Community & Marketing Services Report, Item Re: 2007 Summer Entertainment Program; Music in the Park; Movies in the Park; and Celebration Square 1. That Community and Marketing Services Report, Item 20-07, regarding the 2007 Summer Entertainment Program, be received as information; and, 2. That Council recognize and thank the entertainment sponsors that support the programs offered by the Municipality.

6 MOVED by Pitchforth Seconded by Scott RESOLUTION NO That Council adopt the recommendations set out in Items Nos.1 to 9, inclusive, as contained in the minutes of the meeting of the Operations Committee held on May 22, (b) Minutes of the Meeting of the Planning and Development Committee held on May 28, 2007 (1) Planning Report, Item Re: Toronto and Region 2007 Inter-Governmental Declaration on Clean Air, Greater Toronto Area Clean Air Council 1. That Council receive Planning Report Item PL for information; and, 2. That Council endorse Whitby s inclusion as a signatory to the 2007 Inter-Governmental Declaration on Clean Air. (3) Planning Report, Item Re: Redline Amendment to Draft Approved Plan of Subdivision MR (S ) Zoning Application (Z-30-05), Northcrest Homes Inc. Part of Lot 18, Concession 1, Town of Whitby 1. That Council approve the application to amend Zoning By-law No.1784, (File Z-30-05), subject to the comments and conditions contained in Planning Report, Item PL 75-07; 2. That a By-law to amend Zoning By-law No be brought forward for consideration by Council;

7 3. That Council approve the redline amendment to draft approved plan of subdivision S , shown as Attachment # 3, as proposed by Northcrest Homes Inc. subject to the comments and conditions contained in Planning Report, Item PL 75-07; 4. That staff be authorized to prepare a subdivision agreement; 5. That the Mayor and Clerk be authorized to execute the subdivision agreement; 6. That the Clerk forward a copy of Planning Report, Item PL to the Region of Durham; and, 7. That a four foot chain link fence be required along the southerly limit of the proposed development from the easterly limit of the proposed Lot 11 to the border with the City of Oshawa. (4) Planning Report, Item Re: Zoning Application (Z-04-07) Proposed Amendment to the Oak Ridges Moraine Zoning By-Law No , Town Of Whitby 1. That Planning Report, Item PL be received as information; 2. That Council approve the rezoning application (Z-04-07) to amend the Oak Ridges Moraine Zoning By-Law No ; 3. That a by-law to amend the Oak Ridges Moraine Zoning By-law No be brought forward for consideration by Council; and, 4. That the Clerk forward a copy of Planning Report, Item PL to the Ministry of Municipal Affairs and Housing.

8 (6) Planning Report, Item Re: Application to Amend the Town of Whitby Official Plan and Zoning By-Law No 2585 (FILES: OPA-2007-W/1 and Z-02-07) Site Plan Application (SP-01-07), Submitted by Ontario Limited (DURHAM HONDA MOTORCYCLES) 609 Victoria Street East 1. That Council approve the application to amend the Town of Whitby Official Plan (File No. OPA-2007-W/1), through the adoption of Official Plan Amendment No. 73, subject to the comments and conditions contained in Planning Report, Item PL 64-07; 2. That a by-law to adopt Official Plan Amendment No. 73 be brought forward for consideration by Council; 3. That the Clerk forward a copy of Planning Report, Item PL 64-07, two (2) copies of the adopted Amendment and one (1) copy of the by-law to adopt Official Plan Amendment No. 73 to the Region of Durham; 4. That Council approve the application to amend Zoning By-law 2585 (File No. Z-02-07), subject to the comments and conditions contained in Planning Report, Item PL 64-07; 5. That a by-law to amend Zoning By-law No be brought forward for consideration by Council in accordance with the By-law format contained in Planning Report, Item PL 64-07; 6. That Council approve Site Plan application (SP-01-07) subject to the comments and conditions contained in Planning Report, Item PL 64-07; 7. That the Planning Department be authorized to prepare a satisfactory Site Plan Agreement for Phase 1 only; 8. That the Clerk forward a Notice of Decision to those persons and agencies who had requested to be notified of Council s decision; and, 9. That as an alternative to an H Holding Symbol being applied to Phases 2 and 3 of the proposed development, Phases 2 and 3 not be permitted to proceed to development until any concerns of the Regional Municipality of Durham and the Central Lake Ontario Conservation Authority are satisfied.

9 (7) Planning Report, Item Re: Accessibility Audit Implementation Plan 1. That Council approve Phase I of the Accessibility Audit Implementation Plan; 2. That Council direct Staff to begin implementing items within the Accessibility Audit Implementation Plan into the 2007 Accessibility Plan and continue to develop these initiatives in future accessibility plans; and, 3. That Council direct Staff to review the Accessibility Audit Implementation Plan annually to track achievements and review priorities and associated expenditures in line with the annual budget review and report back to Council in this regard. (9) Planning Report, Item Re: Zoning Application (Z-06-07) Doug Rennie, 5 Way Street, Part of Lot 24, Concession 6, Town of Whitby 1. That Council approve the zoning application (Z-06-07) subject to the comments and conditions contained in Planning Report, Item PL 59-07; and, 2. That a By-law to amend Zoning By-law No be brought forward for consideration by Council. (11) Planning Report, Item Re: Zoning Application (Z-09-07), Site Plan Application (Sp-10-07), Land Division Application (LD /2007), Hetti Development Group/ Ontario Inc., Part of Lot 26, Concession 2, Town of Whitby 1. That Council approve Site Plan application (SP-10-07), subject to the comments and conditions contained in Planning Report, Item PL 63-07;

10 2. That Council authorize the Planning Department to prepare a Site Plan Agreement; and, 3. The Council approve Zoning application (Z-09-07) as submitted by Hetti Development Group, to remove the H, Holding Symbol on the subject property. (12) Planning Report, Item Re: Site Plan Application (SP-67-06) Thickson Victoria Developments Ltd., 1751 Victoria Street East, Part of Lots 19 and 20, Broken Front Concession, Town Of Whitby 1. That Council approve site plan application (SP-67-06), subject to the comments and conditions contained in Planning Report, Item 67-07; and, 2. That Council authorize the Planning Department to prepare a Site Plan Agreement. (13) Planning Report, Item Re: Site Plan Application (SP-50-05) Greenvilla Homes (Thickson) Limited, Part of Block 58 on Plan 40M-2290, Part of Lot 20, Concession 1 Town of Whitby 1. That Council approve Site Plan application SP subject to the comments and conditions contained in Planning Report PL 69-07; and, 2. That Council Authorize the Planning Department to prepare a Site Plan Agreement.

11 (14) Planning Report, Item Re: Site Plan Application (SP-39-05) Lakeview Group of Companies, South-East Corner of Rossland Road and Brock Street Part of Lot 26, Concession 2, Town of Whitby 1. That Council approve site plan application SP subject to the comments and conditions contained in Planning Report, PL 72-07; and, 2. That Council authorize Planning Department staff to prepare a site plan agreement. (15) Planning Report, Item Re: Draft Plan of Condominium Common Element (CW ), Lakeview Group of Companies Southeast Corner of Rossland Road and Brock Street Part of Lot 26, Concession 2, Town of Whitby 1. That Council approve the Draft Plan of Condominium (CW ) subject to the comments and conditions contained in Planning Report, PL 73-07; 2. That Council authorize Planning Department staff to prepare a condominium agreement for the subject property; and, 3. That the Clerk advise the Regional Planning Department of Council s decision. (17) Planning Report, Item Re: Whitby Official Plan Review, Town Of Whitby 1. That, in accordance with Section 26 of the Planning Act, a Special Meeting of Council be held for the purpose of determining the need for a review and update of the Whitby Official Plan;

12 2. That Council endorse, in principle, the preliminary work program for the Whitby Official Plan Review as shown on Attachment #2; 3. That Staff be authorized to prepare a preliminary Terms of Reference for consulting services for the Whitby Official Plan Review; 4. That Staff obtain public input on the Community s preference for future growth through the Official Plan Review; and 5. That a copy of Planning Report, Item PL be forwarded to the Regional Municipality of Durham and its area municipalities, agencies, and stakeholder/community groups for information. MOVED by Councillor Coe Seconded by Councillor Mitchell RESOLUTION NO That Council adopt the recommendations set out in Items Nos.1 to 17, inclusive, as contained in the minutes of the meeting of the Planning and Development Committee held on May 28, 2007, save except Item Nos. 2, 5, 8, 10 and 16 thereof. (2) Planning Report, Item Re: Major Redline Amendment to Draft Approved Plan of Subdivision (MR-01-06) (S ) Zoning Amendment Application (Z-10-06) MPI Group Inc., Part of Lots 21 and 22, Concession 1, Town of Whitby MOVED by Councillor Coe Seconded by Councillor Mitchell RESOLUTION NO That Council approve the Draft Plan of Subdivision (File MR-01-06, S ), as shown as Attachment #3 to Planning Report Item PL 57-07, subject to the comments and conditions contained in Planning Report Item PL 57-07; 2. That Council approve the application to amend Zoning By-law 2585 and 1784, (File Z-10-06), subject to the comments and conditions contained in Planning Report, Item PL 57-07;

13 3. That a By-law to amend Zoning By-law No and 1784 be brought forward for consideration by Council; 4. That staff be authorized to prepare a subdivision agreement; 5. That the Mayor and Clerk be authorized to execute the subdivision agreement; 6. That the Region of Durham be advised of Council's decision; 7. That the Clerk forward a Notice of Decision to those persons and agencies who had requested to be notified of Council s decision; 8. That the Subdivider prepare an on street parking management plan to the satisfaction of the Town as part of the subdivision approval process; 9. That Council authorize the Mayor and Clerk to execute an agreement of purchase and sale between Ontario Realty Corporation and the Town subject to review by Staff and the Town Solicitor; 10. That the purchase of the Hydro One lands and any legal costs associated with conveying the hydro crossing to the Town including the preparation of the agreement of purchase and sale, be the responsibility of the Subdivider; and, 11. That the used car dealership as existed on May 28, 2007 be recognized in the zoning by-law as a permitted use. (5) Planning Report, Item Re: Zoning By-Law Amendment Application (Z-28-06) Rhonda Holloway and John Kolodziej, 1124 Brock Street South, Concession 1, Lot 27, Town Of Whitby MOVED by Councillor Coe Seconded by Councillor Mitchell RESOLUTION NO That Council approve Zoning By-law Amendment application (Z-28-06) to amend Zoning By-law 2585, subject to the comments contained in Planning Report, Item PL 60-07; and,

14 2. That a By-law to amend Zoning By-law No be brought forward for consideration by Council at such time that the Town of Whitby Public Works comments under option 1(b) are satisfied. (8) Planning Report, Item Re: Accessibility Plan 2007 MOVED by Councillor Coe Seconded by Councillor Mitchell RESOLUTION NO That Council approve the 2007 Accessibility Plan; 2. That hard copies of the 2007 Accessibility Plan be made available at the Town Hall, and all Community Centres, branches of the Whitby Library and Recreation Facilities in the Town; 3. That the Clerk provide a copy of the 2007 Accessibility Plan to Scott Weeres, the Director of the Accessibility Directorate at the Ministry of Community and Social Services; and, 4. That the Clerk provide a copy of the 2007 Accessibility Plan to the members of the Accessibility Advisory Committee (AAC) and the Accessibility Working Committee (AWC). (10) Planning Report, Item Re: Zoning Application (Z-13-06) Shell Canada, 3 Baldwin Street & 10 Winchester Road East, Concession 6, Part of Lot 24 Town of Whitby MOVED by Councillor Coe Seconded by Councillor Mitchell RESOLUTION NO That Council approve zoning application (Z-13-06) subject to the comments and conditions contained in Planning Report, Item PL 58-07;

15 2. That a By-law to amend Zoning By-law No be brought forward for consideration by Council; and, 3. That Council support approval of a right-in entrance and right-out exit onto Winchester Road for this property. (16) Planning Report, Item Re: The Living Wall: An Alternative Noise Barrier Solution MOVED by Councillor Coe Seconded by Councillor Mitchell RESOLUTION NO That Planning Report Item PL be received for information; 2. That the Planning Department continue to monitor the Living Wall through the maintenance period; and, 3. That Council promote and endorse the use of Living Walls. 5. NEW AND UNFINISHED BUSINESS MOVED by Councillor Roy Seconded by Councillor Drumm RESOLUTION NO That the rules of the procedure be suspended to allow introduction of the following motion. BY A TWO-THIRDS VOTE MOVED by Councillor Roy Seconded by Councillor Drumm RESOLUTION NO That despite the decision of Council respecting a hedge on Town property on Guthrie Crescent as contained in the Minute of a Special Meeting of Council held on Monday May 14, 2007 at 6:00 p.m., the hedge in question be:

16 5. (Continued) 1) removed east of a line drawn north from the north-east corner of the residence at 65 Guthrie Crescent; 2) be permitted to be 3.5 feet in height from the point established in 1) above and westerly to the mid-point of the side of the house; 3) be permitted to be 6 feet 6 inches in height from the mid-point of the side of the house to the north-west lot line of the property; and,. 4) trimmed back one foot on the street side for its entire length. 6. BY-LAWS By-law to appoint certain persons as Municipal Law Enforcement Officers for the purpose of enforcing parking restrictions on private property.(refer to Public Works Report, Item 24-07) By-law to amend the permit fee for Fence By-law No (Refer to Public Works Report, Item 11-07) By-law to amend Building By-Law (Refer to Public Works Report, Item 22-07) By-law to amend Zoning By-law No as amended, in respect of the property being composed of Part of Lots 19 and 20, Concession 1, on the south side of Burns Street East, east of Thickson Road South, Town of Whitby, to remove the H Holding symbol as it applies to plans of subdivision S , S and S (Refer to Planning Report, Item 53-07) By-law to amend Zoning By-law No in respect to the Oak Ridges Moraine, to change the wording in section 4.4.c). (Refer to Planning Report, Item 66-07) By-law to designate Lots 6 and 8 of Registered Plan 40M-2338 as not being subject to part lot control By-law to designate Lots 3 and 5 of Registered Plan 40M-2338 as not being subject to part lot control By-law to designate Lots 1-7 and 10 and Block 33 of Registered Plan 40M-2340 as not being subject to part lot control.

17 6. (Continued) By-law to amend Zoning By-law No. 1784, as amended, in respect of the property comprised of Part of Lot 24, Concession 6, located on the north side of Way Street, west of Baldwin Street, municipally known as 5 Way Street, Town of Whitby, to permit, as an exception to By-law 1784, the existing accessory buildings, the expansion of an existing single detached dwelling and a home occupation. (Refer to Planning Report, Item 59-07) By-law to amend Zoning By-law No. 1784, as amended, in respect of property being comprised of Part of Lot 24, Concession 6, northeast corner of Winchester Road East and Baldwin Street, municipally known as 3 Baldwin Street and 10 Winchester Road East, Town of Whitby, to change the zone categories from H-MUR-VB-2 and H- MUR-VB-5 - Holding - Mixed Use Residential zone Village of Brooklin Exceptions 2 and 5 to a GB-1 Gas Bar Exception One zone to permit the redevelopment and expansion of an existing gas bar and associated retail floor space within a kiosk. (Refer to Planning Report, Item 58-07) By-law to amend Zoning By-law No. 1784, as amended, in respect of the property being comprised of Lot 5 and Part of Lot 4 Plan M1204 and RP 40R10683 Parts 1 to 3, Town of Whitby, to add the M1A-AC- 2 Prestige Industrial Auto Complex Exception 2 zone and permit the additional use of a Automobile Complex on the subject property. (Refer to Planning Report, Item ) RESOLUTION NO MOVED by Councillor Emm, seconded by Councillor Drumm, that leave be granted to introduce By-law Nos and , inclusive, 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. By-law Nos and , inclusive, considered read a first, second and third time and finally passed.

18 7. CONFIRMATORY BY-LAW NO RESOLUTION NO Councillor Roy, seconded by Councillor Scott, moved for leave to introduce a by-law and to dispense with the readings 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 June 11, 2007, 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. By-law No considered read a first, second and third time and finally passed. 8. IN CAMERA RESOLUTION NO MOVED by Councillor Drumm 9:40 p.m. Seconded by Councillor Emm That Council meet in closed session to consider a personal matter about an identifiable individual. Council met for a time in closed session with only members of Council and the Clerk present. MOVED by Councillor Scott Seconded by Councillor Emm RESOLUTION NO That Council reconvene in public.

19 8. (Continued) MOVED by Councillor Drumm Seconded by Councillor Scott RESOLUTION NO That Council of the Town of Whitby ask for the resignation of the Town s Chief Administrative Officer with compensation of one years salary or alternatively the Chief Administrative Officer be terminated without cause effective June 15, 2007 in accordance with the requirements of her employment contract. ON A RECORDED VOTE AS FOLLOWS YEAS Councillor Coe Councillor Drumm Councillor Emm Councillor Roy Councillor Scott NAYS Councillor Mitchell Councillor Pitchforth Mayor Perkins MOVED by Councillor Scott Seconded by Councillor Emm RESOLUTION NO That the Chief Administrative Officer be suspended forthwith with pay until June 15, ON A RECORDED VOTE AS FOLLOWS YEAS Councillor Coe Councillor Drumm Councillor Emm Councillor Roy Councillor Scott NAYS Councillor Mitchell Councillor Pitchforth Mayor Perkins

20 9. ADJOURNMENT MOVED by Councillor Mitchell Seconded by Councillor Emm RESOLUTION NO That this June 11, 2007 meeting of the Council of The Corporation of the Town of Whitby adjourn. Paul Jones, Clerk Donald Mitchell, Deputy Mayor