Regular Council Meeting

That the Regular Council Minutes of June 19, 2023, and the Special Council Minutes of June 19, July 26, September 11, and September 27, 2023 be approved.

That the proclamations for Child Care Worker & Early Childhood Educator Appreciation Day, World Polio Day, National Children's Grief Awareness Day, and World Prematurity Day, and the flag raising for World Polio Day be endorsed.

That Council approve the Draft Plan of Condominium (File Number: CW-2023- 04) subject to the comments included in Planning Report PDP 36-23 and the Conditions of Approval, included in Attachment #4; That the Mayor and Clerk be authorized to execute the Condominium Agreement and any other necessary documents; and, That the Clerk advise the Commissioner of Planning and Economic Development at the Region of Durham, of Council’s decision.

That Council approve Official Plan Amendment Number 132 to the Whitby Official Plan (OPA-2022-W/02), as shown on Attachment #7, and that a By-law to adopt Official Plan Amendment Number 132 be brought forward for consideration by Council; That the Clerk forward a copy of the Planning Report PDP 37-23, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Amendment Number 132 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development; That Council approve the Draft Plan of Subdivision (File No. SW-2022-03), subject to the comments included in Planning Report PDP 37-23 and the conditions of draft plan approval included in Attachment #10; That Staff be authorized to prepare a Subdivision Agreement; That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision, including the Region of Durham’s Commissioner of Planning and Economic Development; That Council approve the amendment to Zoning By-law # 1784, (File No. Z-13-22), as outlined in Planning Report No. PDP 37-23; and, That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council.

That staff be authorized to commence the review and update of the Town of Whitby Official Plan, in accordance with the requirements of the Ontario Planning Act; That staff be authorized to finalize the draft Terms of Reference and issue a Request for Proposal to retain the necessary consultant(s) to undertake the review and update of the Town of Whitby Official Plan, in accordance with the Town of Whitby Procurement Policy; and, That staff be authorized to initiate the project once consultants are retained and report back to Council on key project milestones.

That Correspondence #2023-438 from E. Baxter-Trahair, Chief Administrative Officer, Region of Durham, regarding 1635 Dundas – Shelter Resolution and proposed agreement for a shelter and other future housing uses, be received for information.

That Council endorse the proposed Consolidated Linear Infrastructure- Environmental Compliance Approval Fees as outlined in Report PDE 09-23; and, That staff be directed to update the Fees and Charges By-law (By-law 7220-17) to include proposed CLI-ECA, substantially as outlined in Report PDE 09-23.

That Report LS 04-23 be received for information; That staff be directed to proceed with the detailed design for Option 1B for the new Animal Services Centre and Enforcement Services Facility at McKinney Road and Broadleaf Avenue; That a new capital project, in the amount of $1,300,000, be established for the Design, Contract Management, and Project Management of the joint Animal Shelter/Enforcement Services facility (Option 1B) funded from the Asset Management Reserve; That staff be authorized to negotiate with McCallum Sather Associates and award a single source contract, subject to budget, for the detailed design and contract management work for this project; That staff be directed to report to Council for capital budget approval, following finalization of design, prior to tendering the work; That staff investigate the sale of 4680 Thickson Road North to offset the cost of a new Animal Services Centre in accordance with Confidential Memorandum LS 04-23; and, That staff will continue to make improvements to the operations of the Animal Services section to improve efficiencies, improve animal care and conditions, increase revenue, and reduce operational impacts.

That Council approve entering into a three (3) year sponsorship agreement effective November 1, 2023, with Canadian Tire for a Naming Rights Sponsorship at McKinney Centre, including renaming Arena 1 to “Canadian Tire Whitby Arena 1”, based on the sponsorship package and other terms and conditions identified in Report CAO 25-23.

That the Clerk be directed to report back with a draft policy that would create a process to have the Mayor and Councillors’ Office invite all Members of Council to every business opening where the presence of Members of Council is requested.

Whereas the Council Education and Training Program should become a permanent program for all Members of Council wishing to avail themselves to such services, advice, and training; Now Therefore be it Resolved: That Staff be authorized to draw up-to $40,000 from the Town’s contingency reserve fund, if required, to fund the program for fiscal year 2023; That $40,000 be incorporated in the Town’s base 2024 operating budget as a “prior year [Council] decision” item for ongoing funding of the Council Education and Training Program; That Members of Council may access resources as part of this program provided the vendor’s services are made available to all Members of Council, Staff have completed the administrative processes to retain their services, and there is remaining budget in the program; and, That the costs incurred by individual Members be reported on Mayor and Councillor expenses. (See following motions) Moved by Councillor Leahy Seconded by Councillor Yamada That Item 4 of the main motion be amended as follows: 4. That reporting for Corporate Council Education and Training be reported at the Council level and not as incurred by individual Members. Voters For Against Conflict Councillor Leahy X Councillor Lee X Councillor Mulcahy X Mayor Roy X Councillor Shahid X Councillor Yamada X Councillor Cardwell X Councillor Lundquist X Councillor Bozinovski X Results 5 4 0

That consideration of the Council Education and Training Program be

That Report CAO 22-23 be received for information.

That Swathilakshmi Miriyala and Dario Pranckevicius be appointed as Members of the Active Transportation and Safe Roads Advisory Committee for the remainder of the 2022-2026 term.

That Council approve the 2024 Council, Committee, and Public Meetings Schedule appended as Attachment 1 to this Report.

That the Groveside Cemetery Board’s recommendation to change the name of the Pioneer Baptist Cemetery to the Dryden Cemetery be received and approved; That Staff provide public notice of the proposed cemetery name change and how written objections may be provided to the Town by way of signage posted at the, current, Pioneer Baptist Cemetery site and other advertisements as noted in Report FS 21-23; and, That, subject to no objection being received in connection with the proposed cemetery name change, staff be authorized initiate the name change with the Bereavement Authority of Ontario and execute all documents to implement the cemetery name change.

That Report FS 25-23, which outlines procurement awards of $250,000.00 and above for second quarter of 2023, be received as information.

That Report CAO 21-23 – Downtown Whitby Action Plan September 2023 Update, be received as information.

That Council receive report CAO-24-23 2023 Workforce Plan Review for information.

That Council approve a sole source two-year contract extension of Contract No T-582-2015 issued to Melrose Paving Co. Ltd for front-end loaders with operators through the 2024/2025 winter maintenance season as outlined in Report CMS 08-23; That Council approve the sole source award to add three (3) snowplow/salter combination trucks with operators from Melrose Paving Co. Ltd. under the same terms of Contract No T-581-2018 through the 2024/2025 winter maintenance seasons as outlined in Report CMS 08-23; That staff be authorized to draw $101,011 from the winter maintenance reserve fund, if required at the end of 2023, related to the sole source award of three additional snowplow/salter combination trucks with operators, under Contract No T-581-2018; and, That the 2024 base operating budget be increased by $231,983 (plus a Consumer Price Index adjustment) related to the sole source award of the three additional snowplow/salter combination trucks with operators under contract No. T-581-2018.

Whereas noise complaints from Whitby residents relating to aircraft traffic activity at the Oshawa Executive Airport are frequently received by the Mayor and Members of Council; and, Whereas noise complaints received by the City of Oshawa relating the Oshawa Executive Airport has grown from a 10-year average (for the period 2006-2015) of approximately 50 complaints a year to 509 in 2021 and 344 in 2022; and, Whereas on March 28, 2022 Oshawa Council authorized the Airport Manager to submit Proposed Noise Abatement Procedures and Restrictions to Transport Canada in accordance with Transportation Canada’s Advisory Circular 302-002; and, Whereas on May 16, 2022 Whitby Council requested through Resolution #122-22 that Transport Canada approve the Proposed Noise Abatement Procedures and Restrictions for the Oshawa Executive Airport as submitted by the Airport Manager on behalf of the City of Oshawa; Whereas recent local media reports of a potential hanger expansion to be located at the Oshawa Executive Airport in support of additional flight school activity does not align with the 2021-2022 Oshawa Executive Airport Action Plan endorsed by City of Oshawa Council which addresses the impact of flight school training traffic on the surrounding neighbourhoods; Now Therefore be it Resolved: That the Council of the Town of Whitby requests that the Proposed Noise Abatement Procedures and Restrictions adopted by the City of Oshawa’s Council be implemented by Transport Canada; and, That the

That the main motion be amended by adding the following as Item 5 and Item 6: 5. That an information page on the Town of Whitby's website be developed to provide residents with information about noise concerns at the City of Oshawa Executive Airport; and, 6. That Staff provide an update on ongoing litigation between the City of Oshawa and the Canadian Flight Academy.

That Stop Up and Close By-law # 8021-23 be passed to stop up and close Part 14, Plan 40R-10885 as a public highway in accordance with Section 34 of the Municipal Act, 2001 , S.O. 2001, c.25, as amended which provides that the Council of every municipality may pass by-laws for closing any highway or part of a highway. That Council waive the requirement for giving public notice of its intention to stop up and close a public highway pursuant to Public Notice Policy CA 150. That the Commissioner of Legal and Enforcement Services/Town Solicitor, or designate, be directed to register the By-law on title to the subject property.

That leave be granted to introduce By-laws # 8017-23 to # 8024-23 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 October 2, 2023 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 Item 4 of the main motion be amended as follows: 4. That reporting for Corporate Council Education and Training be reported at the Council level and not as incurred by individual Members. For Against Conflict Mayor Roy X Councillor Bozinovski X Councillor Cardwell X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Mulcahy X Councillor Shahid X Councillor Yamada X Results 5 4 0