Regular Council Meeting

That the Regular Council minutes of April 26, 2021 and the Special Council minutes of April 22, April 26, and May 10, 2021 be adopted.

That the proclamations for Bike Month, and World Sickle Cell Day, and the flag raising for Indigenous History Month be endorsed. Page 2 of 17 Regular Council Minutes May 17, 2021 - 7:00 PM

1. That Report PL 24-21 be received for information; and, 2. That the Land Use Concept Options presented in Attachment #1 of Report PL 24-21 be used for obtaining public and agency input.

1. That Council approve the Site Plan (File No. SP-03-21) for a telecommunication tower at 4075 Lake Ridge Road North, subject to the comments included in Planning Report PL 22-21; 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 a proposed amendment to By-law # 4843- 01, which designates 1300 Giffard Street (Inverlynn) under Part IV of the Ontario Heritage Act, R.S.O. 1990 c. O.18, as amended, to reflect the accurate legal description of the designated land; 2. That the Clerk provide written Notice of Intention to amend the designating By-law, to the property owner with an explanation of the proposed amendment as per Section 30.1(4) of the Ontario Heritage Act; 3. That, if the property owner objects to the proposed amendment in accordance with Section 30.1(6) of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Review Board; 4. That, if there is no objection to the proposed amendment, the Clerk be authorized to provide a copy of the amended By-law to the property owner and Ontario Heritage Trust, and register the By-law on title, as per Section 30.1(9) of the Ontario Heritage Act; and, 5. That, if there are no objections to the proposed amendment, then the draft By-law to amend By-law 4843-01, as shown on Attachment #4, be passed by Council.

That Council approve the requests for exemptions from Town of Whitby Interim Control By-laws # 7699-20 and # 7700-20 for 300 Lyndeview Drive and 221 Powell Road.

That Council approve the requests for exemptions from Town of Whitby Interim Control By-laws # 7699-20 and # 7700-20 for 300 Lyndeview Drive, 221 Powell Road, and 7 Dymond Drive.

1. That the 2021 budget for the Downtown Whitby Business Improvement Area (BIA), in the amount of $414,310.00, be approved; 2. That the Commissioner of Financial Services/Treasurer be directed to bring forward a BIA tax levy by- law of $180,000.00; and. 3. That the Commissioner of Financial Services/Treasurer be directed to develop a payment schedule with the BIA for the 2021 BIA tax levy. Page 5 of 17 Regular Council Minutes May 17, 2021 - 7:00 PM

1. That Council direct staff to further explore the development of a low carbon geo-exchange District Energy system for a quadrant of land located at the south intersection of Highway 12 and Highway 407 as identified in Attachment 1; 2. That Council direct staff to explore a public-private ownership model of a District Energy system as the preferred ownership model; and, 3. That Council direct staff to engage Elexicon Group as a partner to consider investment in the development of the District Energy system.

That the main motion be amended to add the following as Item 4: 4. That further to the correspondence submitted to Council from M.P. Ryan Turnbull on April 30, 2021 indicating that the Government of Canada has funding available through Natural Resources Canada, under the Smart Renewables and Electrification Pathways Program, that Staff be directed to explore funding through the Federal Government that can provide for some of the capital cost of this project.

That Report No. FS 32-21 of the Commissioner, Financial Services and Treasurer be received as information.

That the Council of the Town of Whitby endorse the resolution adopted by the Council of the Region of Durham at its meeting held on April 28, 2021 regarding Anti-Asian Hate.

1. That the Town of Whitby provide a long-term loan to the Abilities Centre, to a maximum amount of $6,500,000 funded from the Long-Term Finance Reserve; 2. That the Mayor and Clerk be authorized to sign a loan agreement with the Abilities Centre attached as Schedule 1 of report FS 14- 21; 3. That the Mayor and Clerk be authorized to sign an amendment to the Ground Lease Agreement to extend the term to 2051 (from 2030) and to reflect the loan agreement; Page 8 of 17 Regular Council Minutes May 17, 2021 - 7:00 PM 4. That the Treasurer and Town Solicitor be authorized to negotiate and adjust conditions in the best interest of the Town of Whitby; and, 5. That item MD-5476 be removed from the New and Unfinished Business list.

1. That Tender T-504-2021 be awarded to Right Seal Inc., in the amount of $78,764.00 (plus applicable taxes), for 2021 pavement routing and crack sealing works, to be funded from the capital projects listed in Table 2 of Report FS 16-21; 2. That the revised cost estimates, totaling $110,150.24 for the two (2) capital projects noted in Table 2 of Report FS 16-21 be approved; 3. 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 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.

That report No. FS 22-21 regarding the 2020 Year End Operating Page 9 of 17 Regular Council Minutes May 17, 2021 - 7:00 PM Variances and 2021 Projection as at March 31 be received as information.

1. That Tender T-501-2021 be awarded to Four Seasons Site Development Ltd., in the amount of $2,176,154.50 (plus applicable taxes), for 2021 urban road resurfacing works, to be funded from the capital projects listed in Table 2 of Report FS 24- 21; 2. That the revised cost estimates, totaling $2,580,000.00 for the 13 capital projects noted in Table 2 of Report FS 24-21 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That based on submissions received regarding the February 19, 2021 Development Charge Background Study, it is recommended that the revisions provided in Attachment 1, Attachment 2 and Attachment 3 of report FS 28-21 be included in the development charge calculations; 2. That Schedule B and Schedule C of the proposed by-law included in Attachment 4 be amended to reflect the calculated development charge rates outlined in Attachment 5 of report FS Page 10 of 17 Regular Council Minutes May 17, 2021 - 7:00 PM 28-21; 3. That the Town of Whitby Development Charge Background Study, dated February 19, 2021 completed in accordance with Section 10 of the Development Charges Act, 1997, and as modified by the above recommendations, be adopted, including the forecasts of development activity, the capital program and all calculations contained therein; 4. That approval of the capital program, included in the Background Study, as modified, indicates Council’s intention that an increase in the need for service will be met as required under paragraph 3 of Section 5(1) of the Development Charges Act, 1997 and Section 3 of Ontario Regulation 82/98. This approval shall be subject to further annual review during the capital budget process; 5. That in accordance with s.s.5(1)5 of the Development Charges Act, 1997 and Section 5 of Ontario Regulation 82/98, it is Council’s clear intention that any excess capacity identified in the Development Charge Background Study, as modified, shall be paid fo

1. That Tender T-3-2021 be awarded to Dukon Construction Ltd. in the amount of $230,674.70 (plus applicable taxes), funded from the capital projects listed in Table 2 of Report FS 33-21, for the following works: o Paving of the existing parking lot at the Cochrane Street Off-Leash Dog Park; o Constructing a new section of the Hydro Corridor Trail connecting Longwood Park to Thickson Road; and, o Constructing a new trail section connecting the Ash Creek Channel Trail to Brock Street through Bradley Park; 2. That the revised cost estimates totaling $277,642.51, for the three capital projects noted in Table 2 of Report FS 33-21 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That permanent asphalt speed humps be installed on Robert Attersley Drive East, in accordance with the directions of Report No. PW 18-21; 2. That permanent asphalt speed humps be installed on Whitburn Street, in accordance with the directions of Report No. PW 18-21; 3. That two streets be identified per ward to have speed humps installed in 2021, with the streets being selected by Staff in consultation with the respective Ward Councillor, and that the funding source be determined by the Commissioner of Finance/Treasurer; 4. That the 2022 Budget include a decision item install speed humps on approximately 10 streets per year for the next 5 years, with the streets to be evaluated based on the development of a traffic calming policy that will identify traffic calming devices/opportunities and a warrant procedure; and, 5. That the Clerk forward a copy of Report No. PW 18-21 to emergency services, the Durham District School Board and Durham Student Transportation Services.

1. That Report LS 07-21 be received for information; and, 2. That staff report back by the end of 2021 on a possible pet shop regulatory and licensing by-law for Whitby, including staffing and budget impacts, that integrates the appropriate best practices of neighbouring municipalities in Durham Region and takes into account the interested party feedback that was received at the Committee of the Whole meeting on May 10, 2021.

1. That Council approve the Accessibility Improvement Grant Program Policy and Procedures and direct Staff to implement this program commencing in third quarter 2021; and, 2. That the Accessibility Advisory Committee report back to Council annually on the distribution of funds through the Accessibility Improvement Grant Program.

That leave be granted to introduce By-laws # 7748-21 to # 7755-21 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 May 17, 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 the main motion be amended to additionally provide an exemption from Town of Whitby Interim Control By-law #7699-20 for 7 Dymond Drive.

That Council approve the sole source award to EngagementHQ Platform by Bang the Table (branded as ‘Connect Whitby’) for a period of five years with an option to extend year-by-year after 2026, based on the terms as outlined in report CAO 12- 21.