The Whitby Record

Regular Council Meeting

June 21, 2021

Who was there

Present (6): Chris Leahy, Steve Lee, Rhonda Mulcahy, Elizabeth Roy, Maleeha Shahid, Steve Yamada

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

Declared interests

Mayor Mitchellunder the Municipal Conflict of Interest Act regarding Item 2.1, Presentation, Doug Allingham and Leo Plue, Members, Hospital Task Force, Re: Hospital Task Force 2021 Update, and Item 4.1, Office of the Chief Administrative Officer and Planning and Development Department Joint Report, CAO 14-21, Re: Hospital Task Force Update June 2021 on the June 7, 2021 (6:00 p

What was decided (57 motions)

54 carried, 3 recorded otherwise. Every motion below is printed as the minutes print it.

That the Regular Council minutes of May 17, 2021 and the Special Council minutes of May 17, May 31, June 7 (5:30 p.m.), June 7 (6:00 p.m.), and June 14, 2021 be adopted.
Moved by Councillor Drumm, seconded by Councillor Leahy
Carried
That the proclamations for Brooklin-Whitby Garden Club Week and Rail Safety Week be endorsed. Page 4 of 39 Regular Council Minutes June 21, 2021 - 7:00 PM
Moved by Councillor Shahid, seconded by Councillor Lee
Carried
1. That Council approve an amendment to Zoning By-law 2585 (File: Z-01-21) to permit a semi-detached dwelling with accessory apartments; and, 2. That a By-law to amend Zoning By-law 2585 be brought forward for consideration by Council.
Moved by Councillor Yamada, seconded by Councillor Mulcahy
Carried
That Council approve the request for a variance to the Town of Whitby Permanent Sign By-law #7379-18 for McDonald’s, located at 1301 Brock Street South, given that the proposed signs will only be visible to persons who enter the McDonald’s property for the purpose of accessing the drive-through.
Moved by Councillor Yamada, seconded by Councillor Mulcahy
Carried
1. That Council approve the application for a Draft Plan of Condominium (CW-2021-01) subject to the comments included in Planning Report PL 34-21 and the conditions of draft plan approval included in Attachment # 4; 2. That the Mayor and Clerk be authorized to execute the Condominium Agreement for the subject land; and, 3. That the Clerk advise the Commissioner of Planning and Economic Development, at the Region of Durham, of Council’s decision.
Moved by Councillor Yamada, seconded by Councillor Mulcahy
Carried
1. That Council approve an amendment to Zoning By-law 1784, (File Z-08-14) as outlined in Planning Report No. PL 35-21; and, 2. That a By-law to amend Zoning By-law 1784 be brought forward for consideration by Council.
Moved by Councillor Yamada, seconded by Councillor Mulcahy
Carried
1. That Council approve Site Plan Application (File No. SP-17-20) subject to the comments and conditions included in Planning Report PL 36-21;and, 2. That the proponent enter into a Site Plan Agreement with the Town and be responsible for the related fee.
Moved by Councillor Yamada, seconded by Councillor Mulcahy
Carried
1. That Report PL 37-21 be endorsed as the Town’s comments on the Envision Durham – Proposed Policy Directions Report, as part of the Region of Durham Municipal Comprehensive Review; and, 2. That the Clerk forward a copy of Report PL 37-21 to the Durham Region Planning and Economic Development Department and the Durham area municipalities.
Moved by Councillor Yamada, seconded by Councillor Mulcahy
Carried
1. That Council approve the Draft Plan of Subdivision (File No. SW- 2021- 01) subject to the comments included in Planning Report PL 39-21 and the Conditions of Draft Approval included in Attachment #9; Page 8 of 39 Regular Council Minutes June 21, 2021 - 7:00 PM 2. That Staff be authorized to prepare a Subdivision Agreement; 3. That the Region of Durham Commissioner of Planning and Economic Development be advised of Council’s decision; 4. That Williams and Stewart Associates Ltd. be appointed as the Control Architect for the Draft Plan of Subdivision; 5. That the Clerk forward a Notice to those parties and agencies that requested to be notified of Council’s decision; 6. That Council approve an amendment to Zoning By-law 2585 (File Z-02- 21), as outlined in Planning Report PL 39-21; and, 7. That a By-law to amend Zoning By-law 2585 be brought forward for consideration by Council.
Moved by Councillor Yamada, seconded by Councillor Mulcahy
Carried
That Item 1 be amended by including the words 'subject to an appropriate pedestrian access being provided between Street A and DDSB school property or Portage Park', following the words 'included in Attachment #9'.
Moved by Councillor Leahy, seconded by Councillor Yamada
Lost
Page 9 of 39 Regular Council Minutes June 21, 2021 - 7:00 PM 1. That Council approve the Draft Plan of Subdivision (File No. SW- 2021- 01) subject to the comments included in Planning Report PL 39-21 and the Conditions of Draft Approval included in Attachment #9; 2. That Staff be authorized to prepare a Subdivision Agreement; 3. That the Region of Durham Commissioner of Planning and Economic Development be advised of Council’s decision; 4. That Williams and Stewart Associates Ltd. be appointed as the Control Architect for the Draft Plan of Subdivision; 5. That the Clerk forward a Notice to those parties and agencies that requested to be notified of Council’s decision; 6. That Council approve an amendment to Zoning By-law 2585 (File Z-02- 21), as outlined in Planning Report PL 39-21; and, 7. That a By-law to amend Zoning By-law 2585 be brought forward for consideration by Council.
Moved by Councillor Yamada, seconded by Councillor Mulcahy
Carried
1. That Report PW 17-21 be received as information; 2. That Council approve, in principle, for the Town to accept the maintenance responsibilities of the Highway of Heroes Tribute Park and authorize staff to negotiate a collaborative partnership agreement with the necessary parties needed to maintain the future Highway of Heroes Tribute Park; 3. That staff report back to Council on the progress of the park agreement along with refined budget implications prior to assumption; and, 4. That Report PW 17-21 be circulated to the Region of Durham and the Ontario Horticultural Trades Foundation. Page 10 of 39 Regular Council Minutes June 21, 2021 - 7:00 PM
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That report FR 03-21 of the Fire and Emergency Services Department be received for information; 2. That Council direct the Clerk to bring forward a by-law to repeal and replace By-law # 6991-15 being a By-law to Regulate the Setting of Fires, substantially in the form of the draft Regulate the Setting of Fires By-law appended as Attachment #1 to this report.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That Council approve the sole source award to Vector Solutions for the Target Solutions software in the annual amount of $20,000 (plus applicable taxes) for the internal communications and training software platform within the Whitby Fire and Emergency Services Department; 2. That approval be granted to extend this contract for up to two (2) additional one (1) year term(s) subject to budget approval and the successful performance in the previous term including product quality and pricing; and, 3. That the Treasurer and Fire Chief be authorized to execute the contract documents subject to the satisfaction of the Town Solicitor.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That Part Lot 28, Concession 4, being Parts 1, 2 and 3, Plan 40R-31365, be declared surplus for the purpose of transfer to Nordik Immobilers – Whitby Inc. (“Nordik”) or their subsidiary or holding company; 2. That the Town of Whitby acquire Part Lot 28, Concession 4, being Parts 4 and 5, Plan 40R-31365 from Nordik Immobilers – Whitby Inc.; and, 3. That the Clerk be directed to bring forward the necessary by-laws for the conveyance and acquisition of the properties.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That Staff be directed to undertake consultations with the Mississaugas of Scugog Island First Nation (MSIFN) for the purpose of determining a suitable location and wording for a plaque on Town land that will acknowledge the traditional treaty territory of the Mississaugas of Scugog Island First Nation of the Mississauga Nation; and, 2. That the Clerk be directed to circulate this resolution to the Diversity and Inclusion Advisory Committee.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
That the Active Transportation and Safe Roads Advisory Committee's 2020 Annual Report be received for information.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That the Memorandum from C. Harris, Town Clerk, dated June 9, 2021 regarding Re-use and Rehabilitation of the Pump House be received for information; 2. That staff be directed to prepare a memo updating Council on the status of the work being undertaken to protect and stabilize the Pump House; 3. That staff be directed to consult with the Heritage Whitby Advisory Committee on the recommended future use of the Pump House; 4. That Staff provide a report to Council on the recommended future use of the Pump House including the timing and budget implications by the end of Q4 2021.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That the Memorandum from C. Harris, Town Clerk, dated June 10, 2021 regarding Centre line markings and user symbols approach on multi-use paths, in-boulevard networks, and trail core spine networks, including intersections, as identified in the Active Transportation Plan be received for information; 2. That Staff be directed to adopt a "marked and marketed" centre line and user symbol approach on multi-use paths, in-boulevard networks, and trail core spine networks, including intersections, as identified in the new Active Transportation Plan using Ontario Traffic Manual Book 18 Guidelines; and, 3. That staff report back on the cost implications in the 2022 budget to retroactively address existing applicable MUPs to update them with these new specifications accordingly.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
That the Customer Service Strategy appended to Report CLK 08-21 as Attachment 1 be endorsed, and the recommendations within
Moved by Councillor Roy, seconded by Councillor Drumm
Referred
Page 14 of 39 Regular Council Minutes June 21, 2021 - 7:00 PM That Council approve the 2022 Council, Committee, and Public Meeting Schedule appended as Attachment 1 to this report.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That the Council of the Town of Whitby supports the application made by Banter & Co. Brewing Ltd., located at 66 Baldwin Street, Whitby, for a “By the Glass” Manufacturer’s Limited Liquor Sales Licence; and, 2. That the Clerk provide written notice to the Alcohol and Gaming Commission of Ontario (AGCO) and to Banter & Co. Brewing Ltd. notifying them of Council’s resolution confirming its support.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That FS 29-21 be received for information; 2. That the budget request of $230,000 for repairs to the Brooklin Pond funded from the Asset Management Reserve Fund be approved; and. 3. That, in accordance with the arrangement with the Ministry of Transportation Ontario, funds in the amount up to $230,000 be transferred from the Development Charge Roads and Related Town-wide Infrastructure Reserve Fund to the Asset Page 15 of 39 Regular Council Minutes June 21, 2021 - 7:00 PM Management Reserve Fund related to the Brooklin Pond work in lieu of payment for the sidewalk on Baldwin Street.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That Tender T-40-2021 be awarded to Marbridge Construction Ltd., in the amount of $513,720.00 (plus applicable taxes), funded from the capital project 40201701 Rossland – CP Bridge; 2. That the cost estimate of $860,000.00 for the Rossland – CP Bridge project (capital project 40201701) be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That Tender T-576-2021 be awarded to Infrastructure Intelligence Services Inc., in the annual amount of $89,053.70 (plus applicable taxes) for the inspection and assessment of the Town’s storm sewer, to be funded from the capital project 40196501 Storm Sewer Inspection and Flushing; 2. That the revised cost estimate, totaling $110,000.00, for capital project 40196501 be approved; 3. That approval be granted to extend this contract for three (3) additional one (1) year terms subject to budget approval and the Page 16 of 39 Regular Council Minutes June 21, 2021 - 7:00 PM Contractor’s successful performance of the previous term including product quality and timely delivery; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That the Town of Whitby accept the highest ranking proposal submitted by GHD Limited in the amount of $347,407.00 (plus applicable taxes) for Phase 1, consulting services for the detailed design and tender preparation, funded from the capital project 40206111 BR A08 02 - White Bridge; 2. That the Total Project Cost (Phase 1) of $597,304.61 be approved with the budget shortfall of $197,304.61 to be funded by $159,816.73 from the Growth Capital Reserve Fund and $37,487.88 from the Roads and Related Development Charge Reserve Fund; 3. That approval be granted to award Phase 2, contract administration and construction inspection to GHD Limited, in the amount of $245,900.00 (plus applicable taxes, contingency), subject to satisfactory performance and budget approval; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
Page 17 of 39 Regular Council Minutes June 21, 2021 - 7:00 PM That Report CS 35-21 - the Annual Statement of Development Charge and Parkland Reserve Funds as of December 31, 2021 be received as information.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That Block I, Plan M1067, PIN 26544-0215 (LT) and Block B, Plan 1067, PIN 26544-0214 (LT) (collectively, the “Properties”) as shown on Attachment #1 be declared surplus for the purpose of a land donation to Otter Creek Co-operative Homes Inc. (“Otter Creek Co-op”) or their affiliated company, subject to the conditions set out in report FS 38-21; 2. That the Mayor and Clerk be authorized to execute an agreement between the Town and Otter Creek Co-op as outlined in report F 38-21; 3. That the Town give public notice of its intention to convey the Properties pursuant to Policy F 190, by posting a sign on the Properties for not less than ten (10) days, placing an advertisement in a newspaper having general circulation in the Town and posting notice on the Town’s website; 4. That a by-law be brought forward to Council authorizing the conveyance of the Properties; and, 5. That Item MD-5654 be removed from the New and Unfinished Business list.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
That report FS 39-21 on Annual Insured Claims be received as information.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. The 2022 Budget Process, Communication and Public Engagement Plan and Calendar outlined in this report be approved by Council and that the Town Clerk establish the meeting dates; and, 2. That the Commissioner of Financial Services and Treasurer be authorized to initiate any changes to the 2022 Budget format that may enhance and ensure that the information supports the guiding financial principles of: a. Incorporating a long term perspective; b. Establishing linkages to broad organizational goals; c. Focus decisions on results and outcomes; d. Involve and promote effective communication with stakeholders; and, e. Promoting program efficiency and effectiveness.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That Report CAO 16-21 be received for information; and, 2. That Council approve the Paid Advertising and Sponsorship Policy (Attachment 1).
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That Report CAO 17-21 be received as information; and, 2. That the Clerk forward a copy of Staff Report CAO 17-21 to the Region of Durham’s Sustainability Department.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That Council receive the LEAF Backyard Tree Planting Program Interim Report - Dec 2020 (Attachment 1) as information; 2. That Council approve a new program/service level, a Backyard Tree Planting Program at the Town of Whitby; 3. That contract for the delivery of the Backyard Tree Planting Program be awarded to LEAF as a sole source contract for five years, in the amount of $75,000 (or $15,000 per year), subject to annual performance reviews; 4. That Council direct Town Staff to enter into a five-year program agreement with the Region of Durham, LEAF and participating local area municipalities to continue to deliver the backyard tree planting program between 2021-2025, with terms and conditions satisfactory to the Chief Administrative Officer, the Commissioner of Financial Services, and the Commissioner of Legal Services; 5. That the 2021 cost, in the amount of $15,000, be funded from sponsorships and other operating budget savings in the 2021 Operating Budget for Strategic Initiatives; and, 6. That the on-going annual cost of this new program/service level, in the amount of $15,000, be included in the 2022 Operating Budget.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That Report CAO 19-21 be received for information; 2. That the Town enter into a one year Memorandum of Understanding with the Ontario Musicians Co-operative Inc. (OMCI) effective June 22, 2021 to June 22, 2022; 3. That Council provide an exemption to the Public Nuisance By-law # 6714-13 for the duration of the year Memorandum of Understanding with respect to the ability for OMCI Performers to be able to receive a voluntary gratuity as part of the pilot program; and, 4. That staff report back to Council on the outcomes of the pilot program.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That Report CAO 21-21 be received for information; 2. That the Corporate Media Relations Policy (CA 100) be repealed and replaced with the new Corporate Media Relations Policy (Attachment 1) attached to Report CAO 21-21; and, 3. That Item MD-4208 be removed from the New and Unfinished Business List
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That Report CAO 22-21 be received for information; 2. That the Social Media Policy (CA 020) be repealed and replaced with the new Social Media Policy appended to the memorandum from the Sr. Manager of Communications and Creative Services dated June 15, 2021 (Attachment 1); and, 3. That Items MD 4789 be removed from the New and Unfinished Business List.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That Council approve extending the existing Community Services Department fees as outlined in the Fees and Charges By-law #7220-17 until the following expiry dates: o Sports Fields, Lacrosse Box, Courts, Lighting and Arena Floors to October 31, 2022 (Schedule “F” of the Fees and Charges By-law); o Halls and Facility Rental Fees to August 31, 2023 (Schedule “G” of the Fees and Charges By-law); o Camp, Membership and Admission Fees to August 31, 2022 (Schedule “J” of the Fees and Charges By-law); o Recreation Program Fees to August 31, 2022 (Schedule “O” of the Fees and Charges By-law); o Arena Ice and Aquatic Pool Fees to August 31, 2022 (Schedule “Q” of the Fees and Charges By-law); o Parks Features to August 31, 2022 (Schedule “L” of the Fees and Charges By-law); 2. That Council refer to the By-laws portion of the agenda regarding the applicable amendment to the Fees and Charges By-law #7220-17. Page 23 of 39 Regular Council Minutes June 21, 2021 - 7:00 PM
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That Council endorse the proposed Cullen Central Park Master Plan Guiding Principles, Community Engagement Strategy and work plan timelines as outlined in Report CMS 13-21; 2. That Council authorize Staff to issue a Request for Proposal (RFP) to select a qualified consultant to undertake the Cullen Central Park Master Plan; and, 3. That Staff report back to Council with the results of the community engagement input, proposed park concept including estimated capital and operating costs.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That Report LS 08-21 be received for information; 2. That Animal Services continue to operate as an in-house service of the Town, including sheltering and enforcement; 3. That Council endorse the implementation of operational changes at the Whitby Animal Services Centre to improve efficiency and cost savings as outlined in Report LS 08-21; and, Page 24 of 39 Regular Council Minutes June 21, 2021 - 7:00 PM 4. That staff engage the Town of Ajax to negotiate a possible extension of the existing sheltering agreement.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
That Report LS 09-21 be received for information.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That Council approve the Terms of Reference for the development of an Urban Forest Management Plan (UFMP) appended as Attachment 1 to this report; 2. That Council authorize staff to issue a Request for Proposal (RFP) in accordance with the Terms of Reference; 3. That Council authorize staff to award the project to the highest ranking compliant bidder provided such proposals are within or do not exceed more than 10 percent of the budget of $300,000; and, 4. That staff report back to Council at key milestones in accordance with the timeline developed as part of the project’s work plan.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
That Report PW 02-21 be received as information.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That Council approve the proposed update to Traffic By-law # 1862-85 to incorporate the following changes to Schedule “B” of the By-law: a. No Parking (anytime) on the east side of Halls Road South from the south terminus to the Waterfront Trail entrance and on the west side from the south terminus to 10m north; b. No Parking (anytime) within 15 metres of the Waterfront Trail access on the west side of Halls Road South; c. No Parking (anytime) on the north and south sides of Lyndebrook Road between 80 metres west of Country Lane and the east terminus of Lyndebrook Road; d. No Parking (anytime) on the west side of Cochrane Street between the Heber Down Conservation Area Parking Lot (south terminus of Cochrane Street) and 100m north; and, e. No Parking (anytime) on the east and west sides of Annes Street from the south terminus to 10m north; 2. That a By-law to amend By-law # 1862-85 be brought forward for the consideration of Council; Page 26 of 39 Regular Council Minutes June 21, 2021 - 7:00 PM 3. That No Parking signage be installed in accordance with the directions of Report PW 14-21; and, 4. That Report PW 14-21 be forwarded to the Durham Regional Police Service (DRPS) and the Central Lake Ontario Conservation Authority (CLOCA).
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That flexible in-street signage and bollards and No Stopping signage, be installed on McQuay Boulevard, within the school zone adjacent to Colonel Farewell Elementary Public School; 2. That Council approve the proposed update to Traffic By-law 1862-85 to incorporate the following changes to Schedule “A” of the By-law: a. No Stopping (Anytime) on the east and west sides of McQuay Boulevard between 10m south of Brookdale Crescent (south leg) and 10m north of Renfield Crescent (south leg); b. No Stopping (September to June, Monday through Friday, 8:30am to 9:30am, 11:00 am to 1:00 pm and 2:45pm to 3:45pm) on the north side of Brookdale Crescent (north leg) between McQuay Boulevard and 20m east of McQuay Boulevard; c. No Stopping (September to June, Monday through Friday, 8:30am to 9:30am, 11:00 am to 1:00 pm and 2:45pm to 3:45pm) on the south side of Brookdale Crescent (north leg) between McQuay Boulevard and 55m east of McQuay Boulevard; d. No Stopping (September to June, Monday through Friday, 8:30am to 9:30am, 11:00 am to 1:00 pm and 2:45pm to 3:45pm) on the north side of Brookdale Crescent (south Page 27 of 39 Regular Council Minutes June 21, 2021 - 7:00 PM leg) between McQuay Boulevard and 75m east of McQuay Boulevard; and, e. No Stopping (September to June, Monday through Friday, 8:30am to 9:30am, 11:00 am to 1:00 pm and 2:45pm to 3:45pm) on the south side of Brookdale Crescent (south leg) between McQuay Boulevard and 45m east of McQuay Boulevard. 3. That a By-law to am
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That the Final Active Transportation Plan (ATP) be adopted by Council; 2. That Item MD-5191 be removed from New and Unfinished Business; 3. That Item MD-4486 be removed from New and Unfinished Business; and, 4. That Item MD-4890 be removed from New and Unfinished Business.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That Council approve, in principle, a No Stopping restriction on Samandria Avenue and on Lazio Street; 2. That the Traffic By-law # 1862-85, Schedule A, be amended to incorporate a No Stopping restriction on Samandria Avenue and on Lazio Street reflective of the school bell times, when available; 3. That Traffic By-law # 1862-85, Schedule P, be amended to incorporate the following reduced speed limit: a. 40 km/h on Lazio Street between Solmar Avenue and Juneau Crescent; and, b. 40 km/h on Samandria Avenue. 4. That the No Stopping and 40 km/h signage be installed, in accordance with the directions of Report PW 22-21; 5. That up to three temporary Crossing Guards to service the new Unnamed Public School located at 51 Lazio Street be approved, funded by other operating budget savings in 2021 and the 2022, 2023, and 2024 Operating Budgets as outlined in Report PW 22- 21; and, 6. That Report PW 22-21 be forwarded to the Durham District School Board, Durham Student Transportation Services, and Durham Regional Police Service.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That Council approve the proposed amendment to the Traffic By- law # 1862-85 to incorporate the changes to Schedule “B” of the By-law, as identified in Attachment 1; 2. That a By-law to amend By-law # 1862-85 be brought forward for the consideration of Council; and, 3. That Report PW 26-21 be forwarded to the Durham Student Transportation Services.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
Whereas on June 6, 2021, an attack ended the lives of Salman Afzaal, 46, his 44-year-old wife Madiha, their 15-year-old daughter Yumna, and the children's 74-year-old grandmother and seriously injured the 9 year old son Fayez; Page 30 of 39 Regular Council Minutes June 21, 2021 - 7:00 PM Whereas hatred rooted in Islamophobia is becoming a regular occurrence in Canada with attacks on Muslim women in Alberta, the IMO mosque killing, and the Quebec City mosque massacre; Whereas community members in London, Ontario and those across Canadian mourn the loss of life of the Afzaal family and send their prayers and well wishes for the 9 year old’s recovery; and, Whereas Federal, Provincial and Municipal leaders are condemning this incident as a terrorist attack and pledging their support to the Muslim community. Therefore Be It Resolved: 1. That the Town of Whitby condemn the June 6, 2021 act of terrorism in London, Ontario and pledge its support to the Muslim community here in Whitby, Durham and across Canada; 2. That the Whitby Diversity and Inclusion Advisory Committee examine ways to strengthen our ties with our growing Muslim population; and, 3. That a copy of this motion be sent to Prime Minister Justin Trudeau, Minister Bardish Chagger, Minister of Diversity, Inclusion and Youth, Premier Doug Ford, all Durham Region MPs and MPPs, The Region of Durham, and all Durham local area municipalities.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
That the main motion be amended to include a new Item 3 and that the remaining item be renumbered accordingly. 3. That Staff bring forward a decision item as part of the 2022 budget process identifying the staff and other resources necessary to undertake the Diversity and Inclusion initiatives that will be identified in the Town’s 2022-2024 Business Plan; and,
Moved by Councillor Roy, seconded by Councillor Shahid
Carried Unanimously
Whereas on June 6, 2021, an attack ended the lives of Salman Afzaal, 46, his 44-year-old wife Madiha, their 15-year-old daughter Yumna, and the children's 74-year-old grandmother and seriously injured the 9 year old son Fayez; Whereas hatred rooted in Islamophobia is becoming a regular occurrence in Canada with attacks on Muslim women in Alberta, the IMO mosque killing, and the Quebec City mosque massacre; Whereas community members in London, Ontario and those across Canadian mourn the loss of life of the Afzaal family and send their prayers and well wishes for the 9 year old’s recovery; and, Whereas Federal, Provincial and Municipal leaders are condemning this incident as a terrorist attack and pledging their support to the Muslim community. Page 32 of 39 Regular Council Minutes June 21, 2021 - 7:00 PM Therefore Be It Resolved: 1. That the Town of Whitby condemn the June 6, 2021 act of terrorism in London, Ontario and pledge its support to the Muslim community here in Whitby, Durham and across Canada; 2. That the Whitby Diversity and Inclusion Advisory Committee examine ways to strengthen our ties with our growing Muslim population; 3. That Staff bring forward a decision item as part of the 2022 budget process identifying the staff and other resources necessary to undertake the Diversity and Inclusion initiatives that will be identified in the Town’s 2022-2024 Business Plan; and, 4. That a copy of this motion be sent to Prime Minister Justin Trudeau, Minister Bardish Chagger
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
Whereas residents in West Whitby have experienced impact from significant noise and dust as a result of protracted construction from development over a number of successive years; and, Whereas the significant noise and dust impact has affected, in varying degrees, the health and well-being of Whitby residents and the quiet enjoyment of their properties; and, Whereas children have often been unable to play in the backyards of their homes during 2020 and 2021 because of the significant noise and dust impacts; and, Whereas these impacts have escalated as a result of the restrictions and stay at home orders issued by the Province of Ontario in the management of the COVID-19 pandemic; and, Page 33 of 39 Regular Council Minutes June 21, 2021 - 7:00 PM Whereas on April 7, 2020 the Province of Ontario adopted O. Reg. 131/20 which stated that a municipality does not have the power to prohibit and regulate noise made in connection with any type of construction activity between 6:00 am and 10:00 pm seven days a week; and, Whereas O.Reg. 131/20 is effective until October 7, 2021, at which time, unless the regulation is extended by the province, normal municipal by- law construction noise restrictions will take effect. Now therefore be it resolved: 1. That the Province be requested to amend O. Reg. 131/20 to require a pause of all construction activity from development on Sundays; 2. That Staff be directed to update the "Building Whitby Together" information sheet for residents related to
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
1. That Council approve the sole source contract to Nick Carchidi Excavating Limited in the amount of $88,082.27 (plus applicable taxes) for the construction of storm sewer drainage works at 122 Way Street, funded from capital project 40206502 Storm Sewer Rehabilitation - Way Street; and, 2. That the Commissioner of Planning and Development and the Treasurer be authorized to execute the contract documents required to give effect to the sole source award, subject to the satisfaction of the Town Solicitor.
Moved by Councillor Leahy, seconded by Councillor Shahid
Carried
That leave be granted to introduce By-laws # 7762-21 to # 7776-21 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.
Moved by Councillor Lee, seconded by Councillor Shahid
Carried
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 June 21, 2021 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.
Moved by Councillor Mulcahy, seconded by Councillor Yamada
Carried
That the meeting adjourn.
Moved by Councillor Newman, seconded by Councillor Leahy
Carried
That the following Town-owned lands be declared surplus and that they be stopped up and closed as a public highway: a. Part of the Road Allowance between Lots 22 and 23, Concession 6, being Part 4 on Plan 40R-1812, (PIN 16434-0015 (LT)) (“Property #1”); b. Part of the Road Allowance between Lots 22 and 23, Concession 6 being Part 2 on Plan 40R-1812, (PIN 16434- 0016 (LT)) (“Property #2”); c. Part of the Road Allowance between Lots 22 and 23, Concession 6, being Part 3 on Plan 40R-1778, (PIN 16434-0014 (R)) (“Property #3”); (collectively, the “Properties”); 2. That the Properties be conveyed to the adjoining land owner, Yucca Whitby Land Ltd., or its associated company on such terms and conditions as contained in Report FS 41-21; 3. That Council waive the Town’s requirement of giving public notice of its intention to convey the Properties and its intention to stop up and close the Properties as a public highway; and, 4. That by-laws be brought forward to Council authorizing the conveyance of the Properties and authorizing the stopping up and closing of the Properties as a public highway.
Moved by Councillor Roy, seconded by Councillor Drumm
Carried
That the main motion be amended to include the following as Item 5. That the Diversity and Inclusion Advisory Committee create an anti- racism subcommittee to bring forward recommendations to Council.
Moved by Councillor Yamada
Withdrawn

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