Regular Council Meeting

That the Regular Council minutes of April 11, 2022 and the Special Council minutes of April 25, May 2, and May 9, 2022 be adopted.

That the proclamations for VON Week and Pride Week, and the flag raising for Pride Week be endorsed.

1. That Council approve a Zoning By-law Amendment (Z-09-22) for the extension of a temporary use for an additional three year period; and, 2. That the Zoning By-law Amendment be brought forward for Council’s consideration.

Page 5 of 19 Regular Council Minutes May 16, 2022 - 7:00 PM 1. That Council approve Whitby Curling Club’s request to declare a portion of the Town’s land as part of the Bradley Drive road allowance, as identified in Report PDP 25-22; 2. That Council approve the lifting of a 0.3m reserve along the Bradley Drive road allowance, as identified in Report PDP 25-22; and, 3. That the by-laws to lift the 0.3m reserve and to dedicate the lands as part of the Bradley Drive road allowance be brought forward for consideration by Council.

That Council approve the extension of the Draft Approved Plan of Subdivision (SW-2017-06) by an additional 3 years, to May 16, 2025.

1. That Council approve a Zoning By-law Amendment (Z-01-22) to permit additional commercial uses on the subject land; and, 2. That a Zoning By-law Amendment be brought forward for consideration by Council.

1. That Council approve Official Plan Amendment Number 125 to the Whitby Official Plan (File: OPA-2021-W/04), as shown on Attachment #7; 2. That a By-law to adopt Official Plan Amendment Number 125 be brought forward for consideration by Council; 3. That Council approve an amendment to Zoning By-law # 1784 (Z- 07-21), as outlined in Report PDP 28-22; and, 4. That the Clerk forward a copy of Planning Report No. PDP 28-22, two (2) copies of the adopted Amendment, and a copy of the By- law to adopt Amendment Number 125 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development.

That Council approve the request for a variance and an amendment to the Town of Whitby Permanent Sign By-law # 7379-18 for Amica (Taunton) Whitby Inc., located at 85 Taunton Road East. Page 7 of 19 Regular Council Minutes May 16, 2022 - 7:00 PM

1. That Council approve the renewal of an agreement with the Regional Municipality of Durham to delegate responsibilities under the Building Code Act with respect to private sewage systems with capacity of 10,000 litres or less per day; 2. That the Commissioner of Planning and Development be authorized to execute the agreement on behalf of the Town of Whitby; and, 3. That the authority to execute subsequent renewals of the Sewage System Management Agreement be delegated to the Commissioner of Planning and Development.

1. That the Planning and Development Report PDE 05-22 Lynde Creek Master Drainage Plan Update be received for information; 2. That the Final Environmental Study Report be filed in accordance with the Municipal Class EA process and be made available for agency and stakeholder review; 3. That staff advise Council if there are any significant comments or concerns following the public consultation; and, 4. That staff continue to develop and refine the implementation plan for the recommended projects and refer future departmental work Page 8 of 19 Regular Council Minutes May 16, 2022 - 7:00 PM plans, asset management plans and budgets for Council’s consideration.

That Report FS 32-22 regarding Building Permit Fees Annual Financial Report 2021 be received as information.

1. That Correspondence # 2022-247 received from Mayor Dan Carter, City of Oshawa dated April 7, 2022 regarding an Update on the Establishment of Noise Abatement Procedures and Restrictions for Oshawa Executive Airport under the Transport Canada Aviation Advisory Circular, and Correspondence # 2022- 250 received from M. Medeiros, City Clerk, City of Oshawa dated April 8, 2022 regarding Proposed Noise Abatement Procedures for the Oshawa Executive Airport (Ward 2) be received for information; Page 9 of 19 Regular Council Minutes May 16, 2022 - 7:00 PM 2. That Council requests that Transport Canada approve the Proposed Noise Abatement Procedures for the Oshawa Executive Airport submitted by the Airport Manager on behalf of the City of Oshawa; and, 3. That this resolution be forwarded to the Minister of Transport Canada, all Oshawa and Whitby MPs and MPPs, the City of Oshawa, and the Regional Municipality of Durham.

1. That Tender T-13-2022 be awarded to 2274084 ONTARIO LTD o/a GMP Contracting, for the rehabilitation of DeHart Bridge, in the amount of $448,377.25 (plus applicable taxes), to be funded from the capital project listed in Table 2 of Report FS 23-22; 2. That the revised cost estimates totaling $814,231 for the DeHart Bridge rehabilitation as outlined in Table 1 of Report FS 23-22, be approved; 3. That the budget shortfall in the amount of $164,231 be funded from the Canada Community Building Reserve Fund; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

Page 10 of 19 Regular Council Minutes May 16, 2022 - 7:00 PM 1. That the proposed Civic Recreation Complex (CRC) Renovations Provisional items “C” and “D” for Aquatics Hall work identified in Tender T-1-2022, in the amount of $370,000 (plus HST), be awarded to Steelcore Construction Ltd.; 2. That the revised scope and revised cost estimate for capital project #71201031 - CRC Pool Area Wall and Ceiling Refinish, in the amount of $370,000, as outlined in report FS 30-22 be approved; and, 3. That the budget shortfall in capital project #71201031, in the amount of $307,000, be funded from the Asset Management Reserve Fund.

That Report FS 29-22 be received as information.

1. That report FS 34-22 regarding 2021 Year End Operating Variances and 2022 Year End Projection as at March 31 be received; 2. That the 2021 surplus Engineering Fee revenues in the amount of $509,720 be transferred from the Long Term Finance Reserve to the Engineering Development Fee Reserve; and, Page 11 of 19 Regular Council Minutes May 16, 2022 - 7:00 PM 3. That the 2021 surplus Planning Fees revenues in the amount of $931,465 be transferred from the Long Term Finance Reserve to the Planning Development Fee Reserve.

That Report FS 33-22, the Annual Statement of Development Charge and Parkland Dedication Cash-in-Lieu Reserve Funds as of December 31, 2022 be received as information.

1. That Report FS 17-22, 2021 Annual Investment Report and Review and Update of Investment Policy Statement, be received; 2. That Investment Policy F 100 attached as Appendix C to report FS 17-22, be approved by Council; and, 3. That the Treasurer be directed to sign a copy of the Investment Policy F 100 to indicate Council’s approval and to forward a copy of this Policy to the ONE Joint Investment Board.

1. That Report CAO 11-22 be received for information; 2. That Council endorse the 2022 – 2025 Whitby Tourism Strategy as outlined in Attachment 1 to Report CAO 11-22; and, 3. That a copy of the approved Whitby Tourism Strategy be circulated by Events staff to stakeholders and partners once adopted by Council.

That the budget and approved full-time position for the vacant Senior Manager of Community Advancements position be removed and funds be re-allocated to the following two new full-time positions: a Coordinator of Climate Change and a Coordinator of Culture & Tourism within the Strategic Initiatives Division.

1. That Council authorize the establishment of a Municipal Licensing and Standards Committee to replace the Property Standards Appeal Committee and Animal Services Appeal Committee for the 2022-2026 Term and approve the Terms of Reference for the Municipal Licensing and Standards Committee appended to this Report as Attachment 1; 2. That Council direct the Clerk to bring forward administrative amendments to Town by-laws to replace references to the Property Standards Appeal Committee or Animal Services Appeal Committee (as the case may be) with the Municipal Licensing and Standards Committee; 3. That Council direct the Clerk to bring forward a by-law to amend Business Licensing By-law # 5545-04 to indicate that appeals for refusal to issue a licence under the by-law will be heard by the Municipal Licensing and Standards Committee; 4. That Council direct the Clerk to bring forward a by-law to set remuneration for the Municipal Licensing and Standards Committee at $100 per meeting attended plus applicable mileage associated with site visits; 5. That Council direct the Clerk to amend the Terms of Reference for the Accessibility Advisory Committee and the Diversity and Inclusion Advisory Committee to increase the frequency of joint meetings between the Committees to two times each year for the 2022-2026 Term; 6. That Council authorize the disbanding of the Whitby in Bloom Committee and endorse the transition of the Committee’s functions to the Town’s Event Volunteer Program; and,

That Council approve the 2023 Council, Committee, and Public Meeting Schedule appended as Attachment 1 to this report.

1. That Council extend the 2021 by-law exemption to allow Consumer grade fireworks to be used as part of Diwali celebrations on October 24, 2022 without the requirement to obtain a permit; and, 2. That Council direct staff to review By-law # 6339-10, in consideration of the Connect Whitby fireworks public survey results, and provide recommendations in the first quarter of 2023 for further revisions to the by-law.

That leave be granted to introduce By-laws # 7888-22 to # 7900-22 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.

1. That the Commissioners of Financial Services/Treasurer and Legal and Enforcement Services/Town Solicitor be authorized to execute a one-year lease with an option to extend for an additional year with Brookfield Residential (Ontario) Station No. 3 Limited for 128 Brock Street South subject to terms outlined in Confidential Report FS 37-22 and satisfactory to the Town Treasurer and Town Solicitor; and, 2. That staff review the future use of the 128 Brock Street South property at the conclusion of the lease.

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 16, 2022 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.