Regular Council Meeting

That the Regular Council minutes of June 22, 2020, and the Special Council Minutes of June 25, 2020, July 20, 2020 and September 14, 2020 be adopted.

That the proclamations for Orange Shirt Day, Child Care Worker & Early Childhood Educator Appreciation Day, World Polio Day and Dyslexia Awareness Month and the flag raisings for Orange Shirt Day and End Polio Now Campaign be endorsed.

1. That Council approve the amendment to Zoning By-law 1784, (File Z-14-19) as outlined in Planning Report No. PL 38-20; and, 2. That a By-law to amend Zoning By-law 1784 be brought forward for consideration by Council.

1. That Council approve the Site Plan Approval Application (File No. SP05-20) for a telecommunication tower at 855 Myrtle Road West, subject to the comments included in Planning Report PL 39-20; and, 2. That the proponent enter into a Letter of Undertaking with the Town and be responsible for the related fee.

1. That Council approve an amendment to Zoning By-law #1784 to permit the temporary use of a place of worship, subject to the conditions contained in Report PL 40-20; and, 2. That a Zoning By-law Amendment be brought forward for consideration by Council.

1. That Council approve an amendment to Zoning By-law 1784 (File No. Z-07-20) in accordance with Report PL 41-20; and, 2. That a By-law to amend Zoning By-law 1784 be brought forward for consideration by Council.

Page 8 of 22 Regular Council Minutes September 28, 2020 - 7:00 PM That the Brooklin Downtown Development Steering Committee's Annual Report be received for information.

1. That Council adopt the Whitby Green Standard; 2. That Council requires all new Site Plan and Plan of Subdivision Applications to meet at minimum the Tier 1- Mandatory Performance Criteria as outlined in the respective and revised Page 9 of 22 Regular Council Minutes September 28, 2020 - 7:00 PM Site Plan Checklist (Attachment 2) appended to the Memorandum from the Director of Strategic Initiatives dated September 28, 2020, and Plan of Subdivision Checklist (Attachment 3); 3. That Council endorse, in principle, the Whitby Green Standard – Tiers 2 –4 as outlined in the respective Site Plan Checklist (Attachment 2) and Plan of Subdivision Checklist (Attachment 3); and 4. That staff report back in Q4 2021 on a proposed incentive program that would support the uptake of Tiers 2 – 4 of the Whitby Green Standard.

That the Memorandum from S. Beale, Commissioner of Public Works, dated September 25, 2020 regarding the request for sidewalk removal on Leaholm Court be received for information.

1. That Whitby Fire and Emergency Services’ motor vehicle collision (MVC) cost recovery program for municipal roadways (both Town and Regional Roads) be approved as outlined in Section 5 of this report; 2. That the cost recovery language from Section 5 of this report to require property and business owners to pay for the cost to replace equipment damaged or contaminated during an emergency response involving their property/business, be approved as outlined in Section 5 of this report; 3. That Schedule E of the Town’s Fees and Charges by-law be amended to add several existing fees that were inadvertently omitted during the last cycle of updates to the bylaw; and, 4. That the Clerk be directed to bring forward a by-law to amend the Fees and Charges By-law # 7220-17 to give effect to the proposed changes contained in Report FR 02-20.

That Public Works report PW 23-20 be received as information.

1. That Public Works Report PW 22-20 Mid-Block Arterial Roadway – Environmental Study Report be received for Information; 2. That a copy of the Final Report be forwarded to the Central Lake Ontario Conservation Authority (CLOCA), Region of Durham, Hydro One, City of Oshawa, the Ministry of Transportation and the Ministry of Environment Conservation and Parks for their comment; 3. That the final Environmental Study Report, be filed in accordance with the Municipal Class EA process and be made available for agency and stakeholder use; 4. That each Councillor submit names to the Commissioner of Planning by no later than October 20th for consideration for an appropriate street name for the Mid-Block Arterial Road; and, 5. That GHD Limited continue as the Owner’s Engineer to assist Town staff with the oversight and project management of the Mid Arterial Roadway, and that the Commissioner of Public Works be provided the authority to negotiate a scope of services agreement for detailed design and utility co-ordination with GHD with estimated per annum costs in the order of $200,000 to be paid Page 12 of 22 Regular Council Minutes September 28, 2020 - 7:00 PM through the existing Mid Arterial Roadway capital budget.

1. That the Town of Whitby accept the low bid as submitted by CSL Group Ltd. in the amount of $289,924.00, (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete tennis court surface repairs and coating as required by the Town of Whitby; 2. That the Total Project Cost of $342,616.02 be approved; 3. That the Treasurer be authorized to draw on reserve/reserve funds as required to address the budget overage; and 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the low bid as submitted by 39 Seven Inc. in the amount of $251,541.00 (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete tennis court repairs as required by the Town of Whitby; 2. That the Total Project Cost of $298,674.45 be approved; 3. That the Treasurer be authorized to draw on reserve/reserve Page 13 of 22 Regular Council Minutes September 28, 2020 - 7:00 PM funds as required to address the budget overage; and 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the low bid as submitted by Gray’s Landscaping & Snow removal Inc. in the amount of $215,346.73 (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete Lupin Park Redevelopment as required by the Town of Whitby; 2. That the Total Project Cost of $266,052.70 be approved; and 3. That the Mayor and Clerk be authorized to execute the contract documents.

Page 14 of 22 Regular Council Minutes September 28, 2020 - 7:00 PM That Report No. CS 38-20 of the Commissioner of Corporate Services /Treasurer is received as information.

1. That the Town of Whitby accept the highest ranking proposal as submitted by PlayPower LT Canada Inc. in the amount of $247,631.16, (plus applicable taxes) for the design, supply and installation of playground equipment for Guthrie, Pringle Creek and Lupin Park; 2. That the Total Project Cost of $261,894.72 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the low bid as submitted by Nationwide Paving Ltd. in the amount of $493,693.88, (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete Whitby trails project as required by the Town of Whitby; 2. That the Total Project Cost of $597,810.86 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents. Page 15 of 22 Regular Council Minutes September 28, 2020 - 7:00 PM

1. That the Town of Whitby accept the low bid as submitted by Royalcrest Paving & Contracting Ltd. in the amount of $ 1,129,909.50 (plus applicable taxes) for all ,labour, materials, equipment and supervision necessary to complete the Waterfront Trail East Improvements as required by the Town of Whitby; 2. That the Total Project Cost of $1,308,875.15 be approved; 3. That the Treasurer be authorized to draw on reserve/reserve funds as required to address the budget overage; and 4. That the Mayor and Clerk be authorized to execute the contract documents.

That Council approve the 2021 Council, Committee, and Public Meeting Schedule appended as Attachment 1 to this report.

That Report CAO 19-20, Downtown Whitby Action Plan September 2020 Update, be received as information.

1. That staff be directed to bring forward a by-law to amend the Fees and Charges By-law to give effect to the recommendations contained in Report LS 11-20; 2. That staff be directed to bring forward a by-law to amend the Noise By-law to give effect to the recommendations contained in Report LS 11-20; and 3. That staff be directed to work with the Durham Regional Police Service to develop more effective ways to address after-hours noise and disturbing the peace complaints. Page 17 of 22 Regular Council Minutes September 28, 2020 - 7:00 PM

That the main motion be amended by adding the following as Item 4: 4. That staff be directed to report back to Council by the end of 2021 on the development of a new Noise By-law that incorporates objective and subjective unreasonable noise standards that allows By-law Services to meet community needs and expectations regarding noise limits in the Town, and which the Town can operationally enforce, with an interim progress report to Council by the end of Q2 2021.

1. That Report PW 11-20 on Corbett Creek Master Drainage Plan Update be received for information; 2. That a copy of the Final report be forwarded to the Central Lake Ontario Conservation Authority (CLOCA), the City of Oshawa and Region of Durham for their comments; 3. That the Final Corbett Creek Master Drainage Plan Update be filed in accordance with the Municipal Class EA process and be made available for agency and stakeholder use; and Page 19 of 22 Regular Council Minutes September 28, 2020 - 7:00 PM 4. That Staff further develop implementation plans associated with the study recommendations for inclusion into future work plans and budgets for Council’s consideration.

That leave be granted to introduce By-laws # 7661-20 to # 7670-20 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 September 28, 2020 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.