Regular Council Meeting

That the Regular Council minutes June 21, 2021 and the Special Council minutes of June 21, 2021, August 23, 2021 and September 13, 2021 be adopted.

That the proclamations for Dyslexia Awareness Month, Islamic History Month, National Disability Employment Awareness Month, Energy Efficiency Day, Child Care Worker and Early Childhood Educator Appreciation Day, Waste Reduction Week, World Polio Day, International Day for the Elimination of Violence Against Women, Bullying Elimination Month, and Bullying Elimination Week, and the flag raising for World Polio Day, International Day for the Elimination of Violence Against Women, and Bullying Elimination Week be endorsed.

1. That Council approve the requests for exemptions from Town of Whitby Interim Control By-laws # 7699-20 and # 7700-20 for 10 Habitant Crescent, 188 Elizabeth Crescent N., 87 Scott Street, 39 Elizabeth Crescent S., Otter Creek Co-op, and 515 Palace Street. 2. That Council not approve the request for an exemption from Town of Whitby Interim Control By-law #7699-20 for 143 Garrard Road.

That Council approve the request for a variance to the Town of Whitby Permanent Sign By-law #7379-18 for Tim Hortons, located at 700 Victoria Street West as the proposed digital menu board sign is smaller than the existing non-digital sign and is located internal to the site and visible only to vehicles in the drive through.

1. That Council approve the application for a Draft Plan of Condominium (CW-2021-02) subject to the comments included in Planning Report PL 47-21 and the conditions of draft plan approval included in Attachment #4; Page 6 of 26 Regular Council Minutes October 04, 2021 - 7:00 PM 2. That the Mayor and Clerk be authorized to execute the Condominium Agreement for the subject land; 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 Draft Plan of Condominium (File No. CW-2021-03) subject to the comments included in Planning Report PL 48-21 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 Official Plan Amendment Number 122 to Whitby Official Plan (OPA-2021-W/02), as shown on Attachment Page 7 of 26 Regular Council Minutes October 04, 2021 - 7:00 PM #6, and that a By- law to adopt Official Plan Amendment Number 122 be brought forward for consideration by Council; 2. That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision; and, 3. That the Clerk forward a copy of the Planning Report PL 49-21, two (2) copies of the adopted Amendment, and a copy of the by- law to adopt Amendment Number 122 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development.

That Council approve an amendment to Zoning By-law 2585 (File: Z-03- 21), and that a By-law to amend Zoning By-law 2585 be brought forward for consideration by Council.

1. That Council approve the proposed Draft Plan of Subdivision (File SW-2020-03), subject to the comments included in Planning Report PL 51- 21 and the Conditions of Draft Approval included in Attachment #11; Page 8 of 26 Regular Council Minutes October 04, 2021 - 7:00 PM 2. That the draft plan be amended to accommodate a larger High Density Residential Block (Block 134) in accordance with the Brooklin Community Secondary Plan; 3. That Staff be authorized to prepare a Subdivision Agreement; 4. That Council remove 625 Columbus Road West from the Municipal Heritage Register in accordance with the recommendations from the Heritage Whitby Advisory Committee (HWAC); 5. That the Region of Durham Commissioner of Planning and Development be advised of Council’s decision; 6. That Williams and Stewart Associates be appointed as the Control Architect for the Draft Plan of Subdivision; 7. That the Clerk forward a Notice to those parties and agencies that requested to be notified of Council’s decision; 8. That Council approve an amendment to Zoning By-law 1784 (File No. Z-08-20), as outlined in Planning Report PL 51-21; and, 9. That a By-law to amend Zoning By-law # 1784 be brought forward for consideration by Council.

That Report CAO 23-21, Downtown Whitby Action Plan September 2021 Update, be received as information.

1. That report CAO 24-21 be received for information; 2. That staff be authorized to investigate suitable municipal sites to partner on the development of a sustainable urban agricultural centre in partnership with the Barrett Centre; and, 3. That staff present a list of suitable properties at an upcoming closed session meeting.

1. That Council approve the sole source award, in the amount of $103,342.50 to Elexicon’s vendor of record, Westmore Poleline & Electric Inc., funded $85,342.50 from capital project 30156801 Street Light Maintenance for the relocation of street lights to new poles and $18,000 from capital project 10060401 Special Project – Fibre Optic; 2. The approval be granted for a contract for up to three (3) years subject to the Contractor’s successful performance; and 3. That the Mayor and Clerk be authorized to execute the contract documents subject to the satisfaction of the Town Solicitor.

Whereas the Town of Whitby is in a period of significant growth; and, Whereas that growth is changing the community interest and desire for new recreational amenities and opportunities; and, Whereas a number of community members continue to express interest in the opportunity to play cricket; and Whereas the Town of Whitby does not currently have cricket facilities; Now Therefore be it Resolved: 1. That Staff explore opportunities to create a temporary cricket field within existing Town owned facilities, and update Council by year end on next steps; and, 2. That the Parks and Recreation Master Plan, to begin in late 2021 and be completed in 2022, be informed in part by the use of the temporary cricket field in order to determine future needs for cricket fields in the Town; and, Page 11 of 26 Regular Council Minutes October 04, 2021 - 7:00 PM 3. That, in conjunction with the development of the Parks and Recreation Master Plan, Staff be directed to explore opportunities to add cricket amenities at the Whitby Sports Complex.

That the Council of the Town of Whitby agree that there shall be no objection to the routing of 311 dialed calls originating from the overlap that exists between the Town of Whitby and the geographical area of the Regional Municipality of Durham, on an understanding that where callers (customers, residents, and businesses) of the Region of Durham dial 311 erroneously from within these exchanges, they will be given an option of being transferred to the contact centre of the municipality, town or county in which they reside.

1. That the Memorandum from A. Gratton, Manager of Enforcement Services, Legal and Enforcement Services Department, dated September 3, 2021 regarding Request from Circle Taxi and Bell Taxi to Increase Taxicab Fares be received for information; and, 2. That Staff be directed to bring forward a by-law to increase taxicab fares to a $4.00 start rate and a per kilometre rate of $0.25 per 1/10th of a kilometre.

1. That the following properties be declared surplus for the purpose of sale: a. Part of Leslie Street, Plan 431, as Closed by By-law D248077, being Parts 6 and 7, Plan 40R-10177, PIN 26521-0253 (LT), Frederick and Leslie Streets, as shown on Attachment #1; b. The road allowance between Henry Street and King Street, as shown on Attachment #2; and 2. That staff be authorized to conduct further studies to identify the developable portions and to sever the following properties for the purposes of a future property surplus declaration report: a. Part of Lot 24, Conc. 1, PIN 26488-0153 (LT), Garden and Burns, as shown on Attachment #4; b. Part of Lots 16, 26 and 32, now 40R-878, Parts 5 and 6, 40R-668, Part 3, and 40R-4690, Part 6, PIN: 265003-0117 (LT), as shown on Attachment #5; c. Part of Lot 21, Con. 4, 40R-22941, Part 3, PIN: 16265 1248 (LT), known municipally as 695 Conlin Road, as shown on Attachment #6; d. Part of Lot 20, Con BF, and RP 40R-505, Parts 1 to 4, RP 40R-1385, Parts 4, 6 to 7, Pt Parts 3 and 5, RP 40R- Page 13 of 26 Regular Council Minutes October 04, 2021 - 7:00 PM 12737, Part 1, PIN 16435 0072, Thickson Road South and Wentworth Street, as shown on Attachment #7; 3. That a capital project, in the amount of $100,000 funded from the Town Property Reserve Fund, be established for the studies required to determine the developable area and sever properties 4, 5, 6, and 7 as listed on Table 1 of Report FS 37-21; 4. That the following properties be retained for futur

That the following properties be retained for future Town purposes: Part of Block A, Part of Lot 148, Plan H-50052, known municipally as 14 Church Street, 16 Church Street and 45 Cassels Road East, as shown on Attachment #14.

That Report No. FS 50-21 on Summer Recess Procurement Awards be received as information.

Page 15 of 26 Regular Council Minutes October 04, 2021 - 7:00 PM 1. That Tender T-58-2021 be awarded to Finch Auto Group in the amount of $529,310.00 (plus applicable taxes), funded from the capital projects listed in Table 2 of Report FS 52-21, for the following: o Supply and Delivery of Four (4) Extended Cab, 4x4, Half Ton Pick-up trucks with Accessories; o Supply and Delivery of Five(5) Extended Cab, 4x4, Three Quarter Ton Pick-up trucks with Attachments; and o Supply and Delivery of One (1) Extended Cab, 4x4, One Ton Pick-up trucks with Lift tailgate 2. That the revised cost estimates totaling $543,125.85, for the capital project noted in Table 2 of Report FS 52-21 be approved; 3. That the budget shortfall in the amount of $34,375.85 be funded $17,891.37 from the Asset Management Reserve Fund and $16,484.48 from the Development Charge - Operations Reserve Fund; and 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Tender T-74-2021 be awarded to Quality Property Services in the amount of $869,152.24 (plus applicable taxes), funded from the capital project 70200223, for the development of Micklefield Park; 2. That the revised cost estimate totaling $1,164,133.02, as outlined in Table 1 of report FS 53-21, for the capital project 70200223 be approved; 3. That the budget shortfall in the amount of $209,133.02 be funded: a. $146,841.02 from the Development Charge Parks & Recreation Reserve Fund, b. $16,315.67 from the Parks Cash In Lieu Reserve Fund; and c. $45,976.33 from External Recoveries; Page 16 of 26 Regular Council Minutes October 04, 2021 - 7:00 PM 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Council approve the Parks and Recreation Master Plan Terms of Reference, Attachment 1, as the foundation for updating 2006 Culture, Parks, Recreation and Open Space Plan (CPROS); 2. That Council authorize Staff to issue a Request for Proposal (RFP) based on the Terms of Reference, to select a qualified consultant for the development of the Parks and Recreation Master Plan; 3. That the project budget of $257,500 allocated within the 2021 Capital Budget be used to fund the project; and, 4. That Staff report back to Council at key milestones in accordance with the work plan proposed in the Terms of Reference.

1. That Council authorize the Commissioner of Financial Services/Treasurer and the Commissioner of Legal and Enforcement Services/Town Solicitor to execute a Lease Extension Agreement with Metrolinx for Town-owned land located at the north-east corner of Henry Street and Victoria Street for the purposes of additional parking for the Whitby GO Station for a Page 17 of 26 Regular Council Minutes October 04, 2021 - 7:00 PM period of two (2) years, on terms that are substantially as set out in Attachment 2 of Report LS 12-21; 2. That Council authorize the Commissioner of Financial Services/Treasurer and the Commissioner of Legal and Enforcement Services/Town Solicitor to execute a License Extension Agreement with Metrolinx to utilize 300 parking spaces for a period of three (3) years at Iroquois Park Sports Centre (“IPSC”), on terms that are substantially as set out in Attachment 3 of Report LS 12-21; 3. That Council authorize the Commissioner of Financial Services/Treasurer and the Commissioner of Legal and Enforcement Services/Town Solicitor to execute a License Agreement with Metrolinx to utilize 25 parking spaces for a period of three (3) years at Luther Vipond Memorial Arena (“Vipond”), on terms that are substantially as set out in Attachment 4 of Report LS 12-21; 4. That First Street, Plan H50047, Whitby (as closed by By-law 1759-84), Part 3, Plan 40R-8178, Whitby (PIN 26492-0111 (LT)), and William Street, Plan H50047, Whitby (aka Byron Street) (as closed by By-law 1758-84)

That staff send correspondence to the Ministry of Northern Development, Mines, Natural Resources and Forestry (“MND”) and to the Attorney General requesting that that the Town be notified for any future requests made in Whitby for animals which contravene the Town’s Prohibited and Regulated Animals By-law and to request a review and amendment of Ontario’s Fish and Wildlife Conservation Act, 1997 to ensure advance notification to the municipality when permits Page 18 of 26 Regular Council Minutes October 04, 2021 - 7:00 PM under s. 40 for the keeping of specified wildlife in captivity are to be issued by MND within the municipality to ensure compliance with municipal by-laws, particularly where the facility is not an accredited zoo, and that a copy of this correspondence be circulated to the Association of Animal Shelter Administrators’ of Ontario.

1. That Report FS 51-21 of the Commissioner of Financial Services be received for information. 2. That the Corporation of the Town of Whitby’s Audited Consolidated Financial Statements for the year ended December 31, 2020 be approved. 3. That Deloitte LLP be engaged to perform the audit of the Town of Whitby’s financial statements for the years ending December 31, 2021.

Whereas the Province enacted a proof of vaccination policy which took effect on September 22, 2021; and, Whereas on September 1, 2021 Premier Ford stated that By-law Officers may be responsible for enforcing issues of non-compliance for regulated businesses that fail or refuse to require proof of vaccination for their patrons; and, Whereas municipal By-law Officers have dedicated significant time and resources enforcing Provincial mandates and guidelines throughout the course of the COVID-19 pandemic, including enforcement of stay-at- home orders, all of which is outside of core municipal by-law enforcement responsibilities; and, Whereas costs for municipal By-law Officers are borne by residents and businesses in Whitby and not the Province; Now therefore, be it resolved: 1. That Council requests that the Province provide funding to local municipalities for municipal by-law enforcement costs related to issues of non-compliance as a result of the Province’s proof of vaccination policy; and, 2. That the Clerk be directed to send a copy of this resolution to Premier Ford, M.P.P. Lorne Coe, and all Durham municipalities.

1. That revised conditions included in report FS 60-21 be approved and incorporated into the Agreement of Purchase and Sale between the Town and Otter Creek Co-operative Homes Inc. (“Otter Creek Co-op”); and 2. That the Mayor and Clerk be authorized to execute the Agreement of Purchase and Sale between the Town and Otter Creek Co-op as outlined in report FS 60-21.

That Council suspend the rules of procedure to allow the introduction of a motion regarding a COVID-19 Vaccination Mandate for Members of Council.

Whereas the Town of Whitby implemented a mandatory COVID-19 Vaccine Policy effective September 13th, 2021 requiring all Town employees to be fully vaccinated against COVID-19; Now Therefore be it Resolved: That all members of Whitby Council be required to comply with the Town’s COVID-19 Vaccine Policy and submit the necessary proof that they are fully vaccinated against COVID-19 to Human Resources by Friday, October 15th.

That leave be granted to introduce By-laws # 7784-21 to # 7795-21 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.

1. That Council appoint Michelle Thornley to the Active Transportation and Safe Roads Advisory Committee for a term ending November 14, 2022 or until a successor is appointed; 2. That Council appoint Alex MacCulloch and Adam Walker to the Brooklin Downtown Development Steering Committee for the term ending November 14, 2022 or until a successor is appointed; 3. That Council appoint Aryel Maharaj to the Downtown Whitby Development Steering Committee for the term ending November 14, 2022 or until a successor is appointed; 4. That the following Accessibility Advisory Committee Members’ term be extended until November 14, 2022 or such time as a successor is appointed: o Ayse Yuksel; o Paul Scott; and, o Liam Lacy; 5. That Poonam Dewan be appointed as a member of the Accessibility Advisory Committee until November 14, 2022 or such time as a successor is appointed; 6. That Council appoint Mahroz Hussain, Michelle Thornley, David Budd, and Poonam Dewan to the Whitby Sustainability Advisory Committee for the term ending November 14, 2022 or until a successor is appointed; and, 7. That Council appoint Fannie Mann to the Whitby Public Library Board for the term ending November 14, 2022 or until a successor is appointed.

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 4, 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 Council approve the request for a variance to the Town of Whitby Permanent Sign By-law #7379-18 for Tim Hortons, located at 520 Winchester Road East, as the proposed digital menu board sign is smaller than the existing non-digital sign and as the signs will be screened from view to those external to the site through the planting of three cedar trees.