Regular Council Meeting

That the Regular Council Minutes of June 20, 2022, and the Special Council Minutes of June 20, July 11, and September 12, 2022 be approved.

That the Rules of Procedure be suspended and notice requirements dispensed with in order to introduce a motion to recognize Mayor Mitchell’s long and faithful service to the citizens of Whitby.

Page 2 of 20 Regular Council Minutes September 26, 2022 - 7:00 PM Whereas Mayor Mitchell served as North Ward Councillor from 1991 to 2003, Regional Councillor from 2006 to 2014, and as Mayor from 2014 to 2022; And Whereas Mayor Mitchell has served the residents of Whitby for over 28 years, has been elected for seven terms of Council, including two terms as Mayor, and sat on countless committees at the Town of Whitby and the Region of Durham; And Whereas the Freedom of the Town and Key to the Town is granted in only exceptional cases to individuals of the highest merit; And Whereas presenting Mayor Mitchell with the Freedom of the Town and Key to the Town is the highest honour that the Town of Whitby can bestow and it is symbolic of the esteem that the Town holds Mayor Mitchell. Now Therefore be it Resolved: That Mayor Don Mitchell be granted the Freedom of the Town of Whitby and Key to the Town of Whitby, with the official document providing these honours sealed and presented this 26th day of September 2022.

That the proclamations for Islamic History Month, Neurodiversity Education and Neurodivergent Acceptance Month, Wrongful Conviction Day, National Energy Efficiency Day, National Waste Reduction Week, Child Care Worker and Early Childhood Educator Appreciation Day, World Polio Day, Children's Grief Awareness Day, and Amyloidosis Awareness Month and the flag raisings for Neurodiversity Education and Neurodivergent Acceptance Month and World Polio Day be endorsed.

1. That Council approve the proposed amendment to Traffic By-law # 1862-85, to incorporate the changes to Schedule “N” of the By- law, as identified in Attachment 2; and, 2. That a by-law to amend By-law # 1862-85 be brought forward for the consideration of Council.

1. That Council approve the Draft Plan of Condominium (File Number: CW-2022-01) subject to the comments included in Planning Report PDP 48-22 and the Conditions of Approval included in Attachment #4; 2. That the Mayor and Clerk be authorized to execute the Condominium Agreement and any other necessary documents; and, 3. That the Clerk advise the Commissioner of Planning and Economic Development at the Region of Durham, of Council’s decision.

1. That Council approve the Site Plan (File Number: SP-06-22) for a telecommunication tower at 1650 McEwen Drive, subject to the comments included in Planning Report PDP 49-22; 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 Zoning By-law Amendment Application (Z- 06-22) for the removal of the Holding (H) symbol; and, 2. That should Council support the removal of the Holding (H) symbol, a Zoning By-law be brought forward for Council’s consideration.

1. That Council approve Official Plan Amendment Number 129 to the Whitby Official Plan (File: OPA-2022-W/01), as shown on Attachment # 6, and that a by-law to adopt Official Plan Amendment Number 129 be brought forward for consideration by Council; and, 2. That the Clerk forward a copy of Planning Report PDP 52-22, two (2) copies of the adopted Amendment, and a copy of the by- law to adopt Amendment Number 129 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development.

1. That as part of Vision Zero and the Town’s traffic calming strategy, that Staff identify a scope of work to review the reduction of speed limits on all residential streets and obtain estimates for engaging a consultant to assist with managing the review; and, 2. That Staff bring forward the residential street speed limit reduction review as a decision item in the 2023 budget. Page 7 of 20 Regular Council Minutes September 26, 2022 - 7:00 PM

That Report CAO 22-22 - Downtown Whitby Action Plan September 2022 Update, be received as information.

1. That Report CAO 23-22 be received for information; 2. That Council endorse the Concierge Program Framework as presented in Report CAO 23-22; and, 3. That Staff be directed to prepare a final Concierge Program to be presented in December 2022.

1. That Report CAO 24-22 Update on Bill 3, Strong Mayors, Building Homes Act be received for information. 2. That the Council of the Town of Whitby endorse the comments and concerns raised regarding Bill 3 in Staff Report CAO 24-22; 3. That the issues of concern with the legislation be monitored as Ottawa and Toronto undertake the pilot, and that further review take place before additional municipalities are granted strong mayor powers; 4. That a copy of the report, and a letter from Mayor Mitchell noting Council's strong concerns, be provided to MPP Coe, the Minister of Municipal Affairs and Housing, and the Premier; and, 5. That there be a request for an opportunity for specific consultation by the Province with Whitby Mayor and Council as the process unfolds with respect to the implementation of the legislation.

That Items 1 and 2 of the main motion be amended to read as follows: 1. That Report CAO 24-22 and the Memorandum from the CAO dated September 26, 2022, providing an update on Bill 3, Strong Mayors, Building Homes Act be received for information; and, 2. That the Council of the Town of Whitby endorse the comments and concerns raised regarding Bill 3 in Staff Report CAO 24-22 and the Memorandum from the CAO dated September 26, 2022.

1. That Report CAO 24-22 and the Memorandum from the CAO dated September 26, 2022, providing an update on Bill 3, Strong Mayors, Building Homes Act be received for information; 2. That the Council of the Town of Whitby endorse the comments and concerns raised regarding Bill 3 in Staff Report CAO 24-22 and the Memorandum from the CAO dated September 26, 2022; 3. That the issues of concern with the legislation be monitored as Ottawa and Toronto undertake the pilot, and that further review take place before additional municipalities are granted strong mayor powers; 4. That a copy of the report, and a letter from Mayor Mitchell noting Council's strong concerns, be provided to MPP Coe, the Minister of Municipal Affairs and Housing, and the Premier; and, 5. That there be a request for an opportunity for specific consultation by the Province with Whitby Mayor and Council as the process unfolds with respect to the implementation of the legislation.

That report FS 53-22 regarding 2022 Year End Operating Variance Projection as at June 30 be received as information.

1. That the 2023 capital projects and project funding listed in Attachment 1 of Report FS 57-22, be granted pre-budget approval; 2. That the respective Commissioners for the capital projects, identified in Attachment 1 of Report FS 57-22, and Treasurer (or their designates) be provided delegated authority to award contracts following a procurement in accordance with the Purchasing Policy and provided that such awards are within budget; 3. That all awards made under Staff’s delegated authority be summarized and reported to Council after-the-fact; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

Whereas we have all become aware of the recent tragic death of Draven Graham, an 11-year-old child on the autistic spectrum, after walking away from the family home; and, Whereas the Amber Alert has been very effective in announcing to the public children who have been abducted; and, Whereas a similar alert program for those who have special needs who leave family custody would be seem to be warranted in the Province of Ontario. Now therefore be it resolved: 1. That the Town of Whitby request the Province of Ontario to develop and implement a community warning program similar to Amber Alert for those persons of special needs or circumstance Page 11 of 20 Regular Council Minutes September 26, 2022 - 7:00 PM who leave the care givers or locations and potentially themselves at risk; and, 2. That copies of this resolution be forwarded to Premier Ford, the leaders of the Opposition parties in Ontario, all Durham MPs and MPPS, Durham Region, the District School Boards in Durham Region, all Durham municipalities, and the Durham Regional Police Service to ask them to support the resolution.

Whereas the Federal Riding Review is indicating a preferred riding allocation that the north portion of Whitby (Brooklin area) be included in the Pickering riding; And Whereas Brooklin, Ashburn, Myrtle, and Myrtle Station along with the rural areas of Whitby included do not identify as similar to Pickering; And Whereas the growth anticipated in the very near future in both Pickering and Brooklin is known to be substantial and will require near future riding boundary shifts once again. Now therefore it be resolved: 1. That the Council at the Town of Whitby does not support the proposed boundary alignment put forth by the federal review; 2. That the Council of the Town of Whitby suggests a historical view in looking at north Oshawa as part of the north Whitby alignment; and, 3. That Staff summarize Council’s strong opposition on the matter and send the draft correspondence for Council’s review prior to providing to the Federal Electoral Districts Redistribution Commission for Ontario.

Whereas the traffic has increased in volume on Highway 412 since the tolls were lifted earlier this year; and, Whereas residents report that the intersections of the on and off ramps at both Highway 7 and Highway 2 are difficult to navigate safely; and, Whereas there is substantial growth around the Rossland Road area of Highway 412; and, Whereas the east-west roads within our municipality are increasingly congested with all the new growth, and the usage of Highway 412 is anticipated to increase substantially. Now therefore be it resolved: 1. That the Council of the Town of Whitby requests that the Province of Ontario install entrance and exit ramps at Rossland Road on Highway 412, as well as provide for signalization lights at the intersections of the on and off ramps to provincial highways 2 and 7; and, 2. That this request of Council be copied to the MTO, AMO, Region of Durham and all Durham MPPs and MPs.

1. That Report FS 58-22 be received for information; Page 13 of 20 Regular Council Minutes September 26, 2022 - 7:00 PM 2. That the Corporation of the Town of Whitby’s Audited Consolidated Financial Statements for the year ended December 31, 2021, Attachment 2 to Report FS 58-22, be approved; 3. That Deloitte LLP be engaged to perform the audit of the Town of Whitby’s financial statements for the year ending December 31, 2022; and, 4. That the outstanding account receivable from First Brands Inc., in the amount of $100,415 be written off.

1. That Report FS 59-22 be received for information; and, 2. That the Asset Retirement Obligation Policy included in Attachment 1 of report FS 59-22 be approved.

That a motion to introduce a matter pertaining to traffic signals on Churchill Avenue at Lake Ridge Road be allowed due to its timely and urgent nature.

That Staff provide a report to Council by Q4 of 2022 for an interim and final solution with respect to placing traffic signals on Churchill Avenue at Lake Ridge Road and for temporary and permanent public access for residents at 25, 27 and 29 Lake Ridge Road to access Old Lake Ridge Road including consideration of cost, winter maintenance, waste management and ownership.

1. That Council approve the expropriation of the following property, as approving authority in accordance with the Expropriations Act, R.S.O. 1990, c. E.26, as amended, for the replacement of White Bridge and widening of Columbus Road West: a. Part of Lot 31, Concession 6, Town of Whitby, Regional Municipality of Durham, designated as Part 1 on draft reference plan No. 21-25-975-01 prepared by J.D. Barnes Limited; Page 15 of 20 Regular Council Minutes September 26, 2022 - 7:00 PM b. Part of Lot 31, Concession 7, Town of Whitby, Regional Municipality of Durham, designated as Part 2 on draft reference plan No. 21-25-975-01 prepared by J.D. Barnes Limited; and c. Part of Lot 31, Concession 7, Town of Whitby, Regional Municipality of Durham, designated as Part 3 on draft reference plan No. 21-25-975-01 prepared by J.D. Barnes Limited (collectively, the “Properties”); 2. That the Mayor and Town Clerk be authorized to execute a Certificate of Approval on behalf of Town Council, and that staff be authorized to register same in the proper Land Registry Office; 3. That staff be authorized to prepare a Plan of Expropriation and register same in the proper Land Registry Office; 4. That the Mayor and Town Clerk be authorized to execute the Notice of Expropriation and Notice of Possession, and that staff be authorized to serve same upon the registered owners of the Properties together with a Notice of Election in accordance with the Expropriations Act; 5. That staff proceed to prepare, up

Page 18 of 20 Regular Council Minutes September 26, 2022 - 7:00 PM That leave be granted to introduce By-laws # 7921-22 and # 7924-22 to # 7938-22 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.

That leave be granted to introduce By-laws # 7922-22 and # 7923-22 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.

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 26, 2022 and the same be considered read and passed and that the Page 19 of 20 Regular Council Minutes September 26, 2022 - 7:00 PM Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.

That the meeting adjourn.