Regular Council Meeting

That the Regular Council Minutes of June 23, 2025, and the Special Council Minutes of June 26, July 16, July 25, August 13, and September 15 be approved.

That Council move in-camera in accordance with Procedure By-law # 8081-24, Closed Meeting Policy G 040, and the Municipal Act, 2001, Section 239 (2)(f), advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

That Council rise from the closed portion of the meeting.

That the proclamations for Child Care Worker and Early Childhood Educator Appreciation Day and World Polio Day and the flag raising for World Polio Day be endorsed.

That Council authorize staff to issue a Notice of Intention to Designate the property identified as the Graydon Goodfellow House, located at 618 Athol Street as being of Cultural Heritage Value and Interest, in accordance with the Ontario Heritage Act and the Town’s Notification Policy; That Council pass a by-law designating the property under Part IV, Section 29 of the Ontario Heritage Act if no objection to the Intention to Designate is received during the 30-day objection period; and, That if no appeals of the Designation By-law are received during the 30-day appeal period, that a commemorative plaque be installed in a form and location to the satisfaction of the Commissioner of Planning and Development or designate.

That Council authorize staff to issue Notices of Intention to Designate to each of the properties located at 725 Columbus Road West, 740 Columbus Road West and 835 Columbus Road West, in accordance with the Ontario Heritage Act and the Town’s Notification Policy; That Council pass by-laws designating each of the properties under Part IV, Section 29 of the Ontario Heritage Act if no objection(s) to any Notice of Intention to Designate is received within the 30-day objection period; That if no appeals of the Designation By-laws are received during the 30-day appeal period, that a commemorative plaque be installed at each of the properties, in a form and location to the satisfaction of the Commissioner of Planning and Development or designate; That Council mutually agree to the owner’s request for an extension of the 90-day deadline under the Ontario Heritage Act, for passing the Part IV Heritage Designation By-laws; and That the extension outlined in Recommendation 4 be in effect until May 31, 2026.

That Council adopt the Street Naming Policy appended to Report PDP 48-25 as Attachment #1.

That Council approve an amendment to Zoning By-law No.1784 (File: Z-14-25) as set out in Planning Report PDP 49-25; That a By-law to amend Zoning By-law No.1784 be brought forward for consideration by Council; and, That upon the amending Zoning By-law becoming final and binding, the letter of credit in the amount of $25,000 be returned to the applicant.

That Staff be directed to send a letter to the Premier of Ontario and the Minister of Transportation, copied to the Region of Durham and Ontario Big City Mayors, prior to the Provincial legislature reconvening on October 20, 2025, that highlights the effectiveness of Automated Speed Enforcement (ASE) in Whitby and provides the following information and data: a copy of the Town’s draft Traffic Calming Policy and information about how ASEs are identified in the policy as one tool that is available as part of a suite of traffic calming measures; the use of ASEs in the community, noting that they are currently deployed only on Regional roads and in limited numbers; community support for ASEs along with other traffic calming measures; and, the effectiveness of ASEs in community safety zones and school zones including data demonstrating the effectiveness of ASEs versus other traffic calming measures such as digital speed boards.

That Council approve an amendment to Zoning By-law 1784 for a temporary use (Z-16-25) as outlined in Planning Report PDP 50-25; and, That the amending By-law be brought forward for Council’s consideration.

That Council endorse the expansion of the Durham Greener Homes Program to include the weather ready assessment services and the direct municipality-to-homeowner loan financing program and that the Town provide a letter of support for the Region’s application for FCM funding.

That Report FS 03-25 regarding 2024 Remuneration and Expenses for Members of Council and Council Appointees to Boards be received for information.

That Council approve the Use of Council Chambers Policy appended to this Report as Attachment 1.

That the Mayor be requested to phase-out Elexicon dividend revenue from the Town’s operating budget over three years as outlined in Staff Report FS 28-25 and as follows: remove $2,009,643 of Elexicon dividend revenue from the 2026 budget; include a $1,339,762 draw from the Contingency Reserve Fund in the 2026 budget; reduce the draw from the Contingency Reserve Fund to $669,881 in the 2027 budget; and, remove the $669,881 draw from the Contingency Reserve in the 2028 budget; That the Mayor be requested to phase-out Elexicon promissory note interest revenue from the operating budget over three years as outlined in Staff Report FS 28-25 and as follows: remove $1,170,357 of Elexicon interest revenue from the 2026 budget; include a $780,238 draw from the Contingency Reserve Fund in the 2026 budget; reduce the draw from the Contingency Reserve Fund to $390,119 in the 2027 budget; and remove the $390,119 draw from the Contingency Reserve Fund from the 2028 budget; That future Elexicon dividend revenues be allocated to the Long-Term Financing Reserve (also known as the One-Time Reserve) to be used for capital or other one-time projects/expenditures.

That Report CAO 18-25 be received for information; That the Mayor and Clerk be authorized to sign the new 9-1-1 System Agreement as described in the Memorandum of Elaine Baxter-Trahair, CAO dated August 28, 2025; and, That a copy of this motion be sent to the Region of Durham and other signatories to the 9-1-1 System Agreement.

Whereas municipal councils regularly consider motions that may have financial implications which could contribute to an increase in the annual tax levy; and, Whereas residents have expressed growing concern about rising property taxes and the need for greater transparency and accountability in how fiscal decisions are made throughout the year; and, Whereas improved tracking of motions that impact the Town's tax-supported budget would provide more informed decision-making and better alignment with the Town’s financial priorities; Now therefore, be it resolved: That all future motions brought forward to Council or Committee include, where applicable, a projected property tax impact that has been reviewed by Finance staff prior to debate; That staff be directed to track and report on all Council-approved motions throughout the year that requests the Mayor to consider a net increase to the tax levy at budget time; and That Finance staff be directed to include a summary of cumulative financial impacts from such motions as part of the annual budget process, to ensure full visibility of year-round Council decisions influencing the tax rate.

Whereas democracy is healthy when everyone is able to participate fully, safely, and without discrimination, contributing to the well-being of their community; and, Whereas we are witnessing the dissolution of democratic discourse and respectful debate across all levels of government and in neighbouring jurisdictions; and, Whereas Ontario’s municipally elected officials are dealing with increasingly hostile, unsafe work environments facing threats, intimidation, and harassment, which undermine not only personal safety but also public confidence in democratic institutions; and, Whereas social media platforms have amplified both legitimate criticism and, at times, abusive or threatening conduct, with disproportionate effects on women, racialized candidates, Indigenous peoples, LGBTQ+ persons, and persons with disabilities, discouraging them from seeking office; and, Whereas freedom of expression is a cornerstone of democracy and must be safeguarded alongside efforts to combat unlawful harassment, discrimination, and violence; and, Whereas better decisions are made when democracy is respectful and constructive and the voices of diverse genders, identities, ethnicities, races, sexual orientations, ages, and abilities are heard and represented around municipal council tables; and, Whereas the Association of Municipalities of Ontario’s Healthy Democracy Project has identified concerning trends with fewer people voting in local elections and running for municipal office; and, Wherea

That Staff Report CMS 10-25 be received for information.

That Council approve the proposed Pool Allocation Policy, (Attachment 1); and, That Council approve the proposed Gymnasium Allocation Policy, (Attachment 2), of Report CMS 11-25.

That Report FS 21-25, the Annual Statement of Development Charge and Parkland Dedication Cash-in-Lieu Reserve Funds as at December 31, 2024, be received for information.

That Report FS 37-25 on Building Permit Fees Annual Financial Report 2024 be received as information.

That Report FS 34-25, Procurement Reporting - Quarter 1, Quarter 2, and Council Recess, be received for information.

That Property Tax due dates for the 2026 and future Interim and Final tax bills be set to be the last day of the month they fall due within, to allow residents more time to pay and to establish a due date that is consistently applied to all taxpayers; That a grant equivalent to one month of late payment charges be approved for Qualifying Residential Property Owners subject to the residential property owner enrolling in one of the Town’s Pre-authorized Payment plans, as outlined in Staff Report FS 41-25; and, That Staff be authorized to waive the tax bill reprint fee subject to a Qualifying Property Owner enrolling in the Town’s electronic tax bill program, as outlined in Staff Report FS 41-25.

That a new 2025 Capital Project, for the reconstruction of tennis courts at Palmerston Park and Folkstone Park, in the amount of $300,000, be approved and funded as follows: $100,000 from the National Bank Play Your Court Program sponsorship funding; and, $200,000 from the Town’s Asset Management Reserve Fund. That the Mayor and Clerk be authorized to sign the National Bank Play Your Court Program sponsorship agreement included in the memo entitled “Palmerston Park and Folkstone Park Tennis Court Sponsorship Agreement” on the Confidential Correspondence Agenda; and, That the tennis courts at Palmerston Park and Folkstone Park be renamed the National Bank Tennis Courts.

That Council receive CAO 19-25 Efficiency Initiatives for information.

Whereas a 24/7 Mental Health and Addictions (MHA) Urgent Care Clinic and Emergency Department is needed in Durham Region to address a critical system gap by ensuring individuals in crisis receive immediate, specialized care and to reduce the pressures on emergency departments and first responders; and, Whereas Lakeridge Health has developed a comprehensive, Ontario Health-endorsed proposal to establish an MHA Urgent Care Clinic, an MHA Emergency Department, an After-Care team, and an MHA Hub at Lakeridge Health Oshawa, supported by satellite services in priority neighbourhoods; and, Whereas Lakeridge Health has identified a site and a commitment to advance this project, which will require significant provincial investment; and, Whereas the Region of Durham and community partners have expressed strong commitment to seeing this project realized; and, Whereas residents of Whitby and across Durham Region would benefit from improved access to urgent mental health and addictions care, reduced ER wait times, and better recovery outcomes. Therefore be it resolved: That the Town of Whitby express its full support for the establishment of a Mental Health and Addictions Urgent Care Clinic and Emergency Department in Durham Region, and urge the Province of Ontario to prioritize and fund this initiative as a matter of urgent public health need; and, That a copy of this resolution be forwarded to the Premier, the Minister of Health, the Associate Minister of Mental Health and Addictions, t

That Council approves entering a ten (10) year sponsorship agreement with Fieldgate Land Development Limited (Fieldgate) for the facility Naming Rights Sponsorship of the Whitby Sports Complex and naming the facility ‘Fieldgate Sports Complex’ based on the sponsorship package and other terms and conditions identified in Attachment 1 of Report 17-25; That Council approves naming the outdoor field at the Whitby Sports Complex ‘Roybrook Field’ in recognition of the donation of land by Roy Ormiston; and, That Council approves entering into an agreement in perpetuity to name a Multipurpose room in Whitby Sports Complex ‘Mitchell Room’ in recognition of the Mitchell family and the history of the land on which the facility is built.

That Item 2 of the main motion be amended to strike out the words "outdoor field" and replace them with the word "park" and to strike out "Roybrook Field" and replace it with "Roybrook Park".

That leave be granted to introduce By-laws # 8225-25 to # 8234 -25 and to dispense with the reading 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 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 special meeting held on August 13, 2025 and its regular meeting held on October 6, 2025 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.

That the meeting adjourn.

Support for Dream Industrial Canada Solar Inc. Long-Term Energy Project – 220A and 220B Water Street Whereas Dream Industrial Canada Solar Inc. is proposing to construct and operate a Long-Term Energy Project located on Municipal Project Lands, as defined and with the characteristics outlined below, under the Long- Term 2 Energy Supply (Window 1) Request for Proposals (“LT2(e-1) RFP”) issued by the Independent Electricity System Operator (“IESO”); And whereas capitalized terms not defined herein have the meanings ascribed to them in the LT2(e-1) RFP; And whereas Dream Industrial Canada Solar Inc. has, no later than sixty (60) days prior to the Proposal Submission Deadline, delivered a Pre- Engagement Confirmation Notice to an applicable Local Body Administrator in respect of the Municipal Project Lands that includes the details outlined below, except for the Unique Project ID which should only be required as part of the Pre-Engagement Confirmation Notice if available. Legal name of the Proponent: Dream Industrial Canada Solar Inc. Name of the Long-Term Energy Project: Dream Industrial Rooftop Solar Project H Technology of the Long-Term Energy Project: Solar Maximum potential Contract Capacity of the Long-Term Energy Project: 5.5 MW Property Identification Number (PIN): 26486-0026 (LT) And whereas, pursuant to the LT2(e-1) RFP, if the Long-Term Energy Project is proposed to be located in whole or in part on Municipal Project Lands, the Proposal must include Municipal Support C

Support for Dream Industrial Canada Solar Inc. Long-Term Energy Project – 1602 Tricont Avenue Whereas Dream Industrial Canada Solar Inc. is proposing to construct and operate a Long-Term Energy Project located on Municipal Project Lands, as defined and with the characteristics outlined below, under the Long- Term 2 Energy Supply (Window 1) Request for Proposals (“LT2(e-1) RFP”) issued by the Independent Electricity System Operator (“IESO”); And whereas capitalized terms not defined herein have the meanings ascribed to them in the LT2(e-1) RFP; And whereas Dream Industrial Canada Solar Inc. has, no later than sixty (60) days prior to the Proposal Submission Deadline, delivered a Pre- Engagement Confirmation Notice to an applicable Local Body Administrator in respect of the Municipal Project Lands that includes the details outlined below, except for the Unique Project ID which should only be required as part of the Pre-Engagement Confirmation Notice if available. Legal name of the Proponent: Dream Industrial Canada Solar Inc. Name of the Long-Term Energy Project: Dream Industrial Rooftop Solar Project G Technology of the Long-Term Energy Project: Solar Maximum potential Contract Capacity of the Long-Term Energy Project: 2.75 MW Property Identification Number (PIN): 16392-0021 (LT) and 16392-0028 (LT) And whereas, pursuant to the LT2(e-1) RFP, if the Long-Term Energy Project is proposed to be located in whole or in part on Municipal Project Lands, the Proposal must include Munic

1. That the Mayor be requested to phase-out Elexicon dividend revenue from the Town’s operating budget over three years as outlined in Staff Report FS 28-25 and as follows: a. remove $2,009,643 of Elexicon dividend revenue from the 2026 budget; b. include a $1,339,762 draw from the Contingency Reserve Fund in the 2026 budget; c. reduce the draw from the Contingency Reserve Fund to $669,881 in the 2027 budget; and, d. remove the $669,881 draw from the Contingency Reserve in the 2028 budget; 2. That the Mayor be requested to phase-out Elexicon promissory note interest revenue from the operating budget over three years as outlined in Staff Report FS 28-25 and as follows: a. remove $1,170,357 of Elexicon interest revenue from the 2026 budget; b. include a $780,238 draw from the Contingency Reserve Fund in the 2026 budget; c. reduce the draw from the Contingency Reserve Fund to $390,119 in the 2027 budget; and d. remove the $390,119 draw from the Contingency Reserve Fund from the 2028 budget; 3. That future Elexicon dividend revenues be allocated to the Long- Term Financing Reserve (also known as the One-Time Reserve) to be used for capital or other one-time projects/expenditures.

1. That a new 2025 Capital Project, for the reconstruction of tennis courts at Palmerston Park and Folkstone Park, in the amount of $300,000, be approved and funded as follows: a. $100,000 from the National Bank Play Your Court Program sponsorship funding; and, b. $200,000 from the Town’s Asset Management Reserve Fund. 2. That the Mayor and Clerk be authorized to sign the National Bank Play Your Court Program sponsorship agreement included in the memo entitled “Palmerston Park and Folkstone Park Tennis Court Sponsorship Agreement” on the Confidential Correspondence Agenda; and, 3. That the tennis courts at Palmerston Park and Folkstone Park be renamed the National Bank Tennis Courts.

Whereas in 2016 the Waste-Free Ontario Act was enacted, which also enacted the Resource Recovery and Circular Economy Act (RRCEA) and the Waste Diversion Transition Act; and, Whereas the RRCEA and its associated regulations focus on strengthening Extended Producer Responsibility for materials like used tires and blue box recycling; and, Whereas on November 23, 2020, Town Staff submitted comments to the Environmental Registry of Ontario on the proposed blue box regulation, which highlighted concerns about the lack of a requirement for blue box recycling collection for certain “non-eligible” sources like small businesses located in mixed-use properties which are prevalent in Business Improvement Areas; and, Whereas in the Town of Whitby there are approximately 200 small businesses in mixed-use properties who currently receive blue box collection and are impacted by the blue box regulation and will potentially lose blue box collection services; and, Whereas in June 2021 the Province of Ontario released Blue Box Regulation O. Reg. 391/21, under the RRCEA which transitions the financial and operational responsibility of recycling from municipalities to the producers of packaging and paper products; and, Whereas Circular Materials Ontario (CM) was named the Producer Responsibility Organization taking on all blue box recycling responsibilities in Ontario over a three-year transition period; and, Whereas the Region of Durham has indicated that the estimated costs to continue to provi