Regular Council Meeting

That the Regular Council minutes of March 8, 2021 and the Special Council minutes of March 8, March 29, and April 19, 2021 be adopted.

That the proclamations for World Autism Awareness Month, Day of Mourning, First Responders Day, Maternal Mental Health Week, Nursing Week, Apraxia Awareness Day, Bullying Elimination Day, and World Elder Abuse Awareness Day and the flag raisings for Nursing Week and International Day Against Homophobia, Transphobia and Biphobia be endorsed.

That the proclamations from May 2021 to December 2021 outlined in the Memorandum from J. Romano, Commissioner of Community Services, dated April 20, 2021, be endorsed.

That the Heritage Whitby Advisory Committee's 2020 Annual Report be received for information.

That Council approve the request for a variance to the Town of Whitby Permanent Sign By-law #7379-18 for McDonald’s, located at 1615 Dundas Street East, given that the proposed signs will only be visible to persons who enter the McDonald’s property for the purpose of Page 5 of 26 Regular Council Minutes April 26, 2021 - 7:00 PM accessing the drive-through.

That Council approve the request for a variance to the Town of Whitby Permanent Sign By-law # 7379-18 for Taco Bell, located at 70 Thickson Road South, given that the proposed signs will not be digital and will only be visible to persons who enter the Taco Bell property for the purpose of accessing the drive-through.

That Report PL 16-21 be received for information.

Page 6 of 26 Regular Council Minutes April 26, 2021 - 7:00 PM 1. That a Notice of Intention to Designate the property identified as the Malcolm McTaggart House at 9455 Baldwin Street North, be published as per Section 29 (1.1) of the Ontario Heritage Act, R.S.O. 1990 c. O.18, as amended; 2. That, if there are no objections to the designation in accordance with Section 29 (6) of the Ontario Heritage Act, the Clerk be authorized to introduce a by-law designating the property under Part IV, Section 29 of the Ontario Heritage Act; and, 3. That, if there are objections in accordance with Section 29 (7) of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Conservation Review Board.

That Council approve the requests for exemptions from Town of Whitby Interim Control By-laws # 7699-20 and # 7700-20 for 205 Starr Avenue, 500 Henry Street, 247 Garrard Road, 72 Garrard Road, 44 Garrard Road, and 56 Meadow Crescent.

1. That a By-law to adopt Official Plan Amendment No. 99, and a By-law to amend Zoning By-law # 1784 be brought forward for consideration by Council to permit the development of the Devil’s Page 7 of 26 Regular Council Minutes April 26, 2021 - 7:00 PM Den Golf Course; and, 2. That MD-1970 be removed from the New and Unfinished Business List.

1. That Council approve the Draft Plan of Subdivision (File No. SW- 2020-02) subject to the comments included in Planning Report PL 21-21 and the Conditions of Draft Approval included in Attachment #10; 2. That Staff be authorized to prepare a Subdivision Agreement; 3. That the Region of Durham Commissioner of Planning and 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 1784 (File Z-04-20), as outlined in Planning Report PL 21-21; and, 7. That a By-law to amend Zoning By-law 1784 be brought forward for consideration by Council.

That the Whitby Sustainability Advisory Committee's 2020 Annual Report be received for information.

1. That the Memorandum from A. Gratton, Manager of Enforcement Services, dated April 7, 2021 regarding a request for an exemption to Fence By-law # 4394-99 at 48 Flint Crescent related to rear and side yard fences be received for information; and, 2. Notwithstanding any other provisions of Fence By-law # 4394-99 to the contrary, a privacy fence 2.3 metres high is permitted in the side yard between 46 and 48 Flint Crescent, and a privacy fence 2.4 metres high is permitted in the rear yard between 40 and 42 Sutcliffe Drive and 48 Flint Crescent.

1. That Council approve the sole source award to DocuPet Services Ltd. for animal licensing services based on the terms outlined in Report LS 02-21; 2. That the Mayor and Clerk be authorized to execute the Page 9 of 26 Regular Council Minutes April 26, 2021 - 7:00 PM agreement with DocuPet Services Ltd., together with any other documents necessary to give effect to the agreement, subject to the satisfaction of the Town Solicitor; and, 3. That staff bring forward an amendment to the Town’s Fees and Charges By-law for animal licensing fees pursuant to Report LS 02-21.

1. That report CAO 09-21 be received for information; and, 2. That staff be authorized to prepare an agreement between the Durham Region Farmers’ Market Association and the Town of Whitby, in accordance with the recommendations contained in Report CAO 09-21, for use of Municipal Parking Lot 9 in Brooklin and Celebration Square at the Whitby Public Library effective May 1, 2021 to October 31, 2024.

1. That Report CAO 11-21 be received as information; 2. That Council recognize May 11, 2021, as the Provincial Day of Action on Litter; and, Page 10 of 26 Regular Council Minutes April 26, 2021 - 7:00 PM 3. That this report be forwarded to Whitby Advisory Committees of Council as correspondence for information.

1. That Report PW 9-21 be received for information; and, 2. That MD-5659 be removed from the New and Unfinished Business listing.

That Public Works report PW 11-21 be received as information.

1. That Council approve staff report PW 13-21 recommendation for an Interim Resources Strategy for the Brooklin South Draft Plans Page 11 of 26 Regular Council Minutes April 26, 2021 - 7:00 PM Review Stage which is to engage engineering consultants to be funded by the Brooklin South (C & A) Landowners Group (See Attachment 1). 2. That Council approve the list of consultants, as presented in staff report PW 13-21 to be retained by the Town as sole source consultants to provide Engineering Consultant services at the Draft Plan Application stage for the Brooklin South Developments as shown in Attachment 1; and, 3. That staff continue to provide status updates as required, to Council on the recommended resource strategy for the Brooklin expansion.

1. That Council approve and appoint the following individuals to the Whitby 55+ Recreation Advisory Committee for a period of one year ending December 31, 2021: • Mary Poirier • Maureen Licsi • Joanne Smith • Sharon Bagatto 2. That Council receive as information an update on current activities offered by 55+ Recreation during the pandemic.

That Council appoint Ryan Peers to the Property Standards Appeal Committee for the term ending November 14, 2022 or until a successor is appointed.

1. That the Memorandum from J. Romano, Commissioner of Page 13 of 26 Regular Council Minutes April 26, 2021 - 7:00 PM Community Services, dated April 9, 2021 regarding Forest Heights Park basketball court relocation be received for information; and, 2. That Staff be directed to continue to explore relocating the basketball court along the north side of the north soccer field adjacent to the Durham District School Board property and report to Council at a future date.

That Correspondence # 2021-401 from the Mary Medeiros, City Clerk, City of Oshawa, dated April 8, 2021 regarding the process to establish the City of Oshawa including the lands in Oshawa operated by Hamilton-Oshawa Port Authority as a Foreign Trade Zone be received for information.

That Report FS 10-21 of the Commissioner, Financial Services/Treasurer be received for information.

1. That Tender T-7-2021 be awarded to Wyndale Paving Co. Ltd, in the amount of $431,382.75 (plus applicable taxes), funded from the capital project 40206009 – Garden Street Multi-Use Path and Tree Planting (from Dryden to Taunton); 2. That the revised cost estimate of $670,396.00 for the Garden Street Multi-Use Path project (capital project 40206009) be approved; 3. That Staff continue to review further opportunities to plant additional trees in the adjacent boulevards, including along Chiltern Place, as part of the Garden Street Multi-Use and Tree Planting project and as part of the future widening of Garden Street; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Tender T-513-2021 be awarded to Miller Paving Limited, in the amount of $211,144.50 (plus applicable taxes), for 2021 surface treatment and slurry seal works, to be funded from the capital projects listed in Table 2 of Report FS 17-21; 2. That the revised cost estimates, totaling $254,860.65, for the three capital projects noted in Table 2 of Report FS 17-21 be approved; 3. That approval be granted to extend this contract for one (1) additional term subject to budget approval and the Contractor’s Page 15 of 26 Regular Council Minutes April 26, 2021 - 7:00 PM 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.

1. That Tender T-11-2021 be awarded to Gray’s Landscaping & Snow Removal Inc. in the amount of $260,493.45 (plus applicable taxes), for 2021 Playground Improvements for Davis, Ennisclare and Hannam Parks, to be funded from the capital projects listed in Table 2 of Report FS 19-21; 2. That the revised cost estimates totaling $550,755.55, for the three capital projects noted in Table 2 of Report FS 19-21 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

Page 16 of 26 Regular Council Minutes April 26, 2021 - 7:00 PM 1. That the property tax rates for the year 2021, General Municipal Town Levies be approved as indicated in Schedule “A”, attached to Report FS 20-21; 2. That staff be authorized to calculate the special tax levy and tax rates for the properties located within the Downtown Whitby Business Improvement Area (BIA) for the purposes of a Special Tax Levy by-law for the BIA following Council receipt and approval of the BIA’s 2021 Budget; 3. That the final tax bill due dates for the Residential, Farmland, Pipeline and Managed Forest tax classes be June 24, 2021 and September 24, 2021; 4. That the final tax bill due dates for the capped tax classes (Commercial, Industrial and Multi-Residential) also be established for June 24, 2021 and September 24, 2021; 5. That prior to the issuance of the final tax bills, the Treasurer be authorized to adjust the due dates for the capped tax classes only and notify Council at the earliest opportunity; and, 6. That a By-Law for the General Municipal Town Levies and a separate bylaw for the Special Tax Levy in support of the BIA, to set the due dates and levy rates for 2021 in accordance with the approved budgets and regulations, be brought forward at a future Council meeting.

1. That staff be delegated the authority to submit all Federal or Provincial grants applications, normally requiring Council authorization beforehand, until April 1, 2023 subject to the agreement of the Chief Administrative Officer, Commissioner responsible for the project, and the Treasurer; 2. That the Treasurer, Commissioner, and Senior Manager of Procurement be delegated authority to award all contracts related to Federal or Provincial grant projects, that are within budget and normally require Council authorization beforehand, until April 1, 2023; and, 3. That staff report on grant applications submitted, grant Page 17 of 26 Regular Council Minutes April 26, 2021 - 7:00 PM agreements executed, and procurements awarded, that normally would require Council approval, at the earliest opportunity following the event.

1. That the Clerk be directed to bring forward a by-law to adopt the amendments to the Boards and Advisory Committees Code of Conduct as shown in Attachment 1 appended to Report CLK 05- 21; and, 2. That the Clerk be directed to circulate a copy of Council’s decision and Report CLK 05-21 to Mr. Guy Giorno, Integrity Commissioner, and to the relevant Board and Committee members.

1. That Council receive status update for Highway 7/12 Alternate Route Environmental Assessment (EA) Study; 2. That Council approve the additional expenditure of $75,000, to a total of $125,000, to Bumstead Integrated Transportation Consulting Ltd. as Senior Project Manager for the project, funded from capital project 40160502 - EA Study for Highway 7/12 Alternate Route; and, 3. That Council approve the continuation of the sole source of Bumstead Integrated Consulting Ltd. as the Senior Project Page 18 of 26 Regular Council Minutes April 26, 2021 - 7:00 PM Manager for the EA Study for Highway 7/12 Alternate Route, in accordance with the Purchasing Policy, as the consultant is already at work on the project.

1. That Council stop up and close a portion of Way Street as a public highway being Part Lot 24, Concession 6, designated as Part 9 on Plan 40R-27926, Town of Whitby (PIN 26572-2372 (LT)) (the “Subject Lands”); 2. That Council waive the Town’s requirement of giving public notice of its intention to stop up and close the Subject Lands as a public highway; and, 3. That a by-law be brought forward authorizing the stopping up and closing of the Subject Lands as a public highway.

1. That Staff Report LS 05-21 be received for information; 2. That the Clerk be directed to bring forward a stand-alone Election Sign By-law to give effect to the recommendations contained in Section 4.3 of Report LS 05-21, except that signs for candidates in provincial and federal elections be required to be separated by a minimum distance of 250 metres instead of 500 metres on arterial and regional roads; 3. That the Clerk be directed to bring forward a by-law to amend Temporary Sign By-law # 5696-05 to remove provisions in the by- law regulating election signs; and, 4. That Item MD-4917 be removed from the General Government New and Unfinished Business List.

That Item 2 of the main motion be amended by striking, "except that signs for candidates in provincial and federal elections be required to be separated by a minimum distance of 250 metres instead of 500 metres on arterial and regional roads".

1. That the Town of Whitby Council endorse the Town’s application for the 2020/2021 Fire Safety Grant provided by the Office of the Ontario Fire Marshal and Emergency Management (OFMEM); 2. That a new capital project be established in the amount of $36,200 funded from the Fire Safety Grant; and, 3. That staff be authorized execute all agreements related to the Fire Safety Grant.

Whereas the Council of the Town of Whitby has on four previous occasions requested that the Province remove tolls on Highway 412 (see attached Resolutions 602-16, 391-17, 181-18, and 232-19); Whereas all other Ontario link highways to and from Highway 401 except those in Durham Region are non-tolled highways; and, Whereas the municipality of Whitby and Council at the time of the decision making was aware of the tolls to the 407 but not that of the 412; and Whereas Highway 427 has recently seen improvements valued at more than 600 million dollars funded provincially and not from tolls; and Whereas tolls on Highway 412 and 418 are a distinct disadvantage and disincentive to Durham Region to efficiently move goods, services and people and to attract and retain prestige industrial and office investments and value added jobs for the employment lands abutting the provincial highway; and, Page 22 of 26 Regular Council Minutes April 26, 2021 - 7:00 PM Whereas Highways 412 and 418 are underutilized because of the tolls, resulting in increased traffic on local collector roads and Highway 401; Whereas in 2018 election promises were made to remove the tolls from the 412 and 418, Whereas in the last four years of tolling operations, the toll rates have increased by 2.27% (page 37 of Ministry of Transportation Tolling Analysis Report April 2021); Now Therefore be it Resolved: 1. That the Council of the Town of Whitby requests that Lorne Coe, M.P.P. for Whitby, and all other Durham Area MPP

That leave be granted to introduce By-laws # 7737-21 to # 7745-21 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.

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 April 26, 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.

That the meeting adjourn.

That staff be directed to proceed with Option 3 as set out in Report LS 03-21; and, 2. That the Mayor and Clerk are authorized to execute the easement agreement for 122 Way St. that is included as Attachment 1 to Report LS 03-21, together with any other documents necessary to give effect to the agreement.