Regular Council Meeting

That the Regular Council minutes of March 7, 2022 and the Special Council minutes of March 7, and April 4, 2022 be adopted.

That the proclamations for Guillain-Barre Syndrome and Chronic Inflammatory Demyelinating Polyneuropathy Awareness Month, Maternal Mental Health Week, Apraxia Awareness Day, International Day Against Homophobia, Transphobia and Biphobia, Bike Month, and Longest Day of SMILES® and the flag raising for International Day Against Homophobia, Transphobia and Biphobia be endorsed.

1. That Council approve the Draft Plan of Condominium (CW-2021- 05), subject to the comments included in Planning Report PDP 17-22 and the conditions of draft plan approval included in Attachment #4; 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.

That Council approve the request for a variance to the Town of Whitby Permanent Sign By-law # 7379-18 for RioCan, located at 1801 Dundas Street East.

That Council approve the request for a variance to the Town of Whitby Permanent Sign By-law # 7379-18 for Garrard Limited Partnership, located at 5185 Garrard Road.

1. That Council approve the Draft Plan of Subdivision (File No. SW- 2021-07), subject to the comments included in Planning Report PDP 20-22 and the conditions of draft plan approval included in Attachment #12; Page 6 of 23 Regular Council Minutes April 11, 2022 - 7:00 PM 2. That Staff be authorized to prepare a Subdivision Agreement; 3. That the Region of Durham Commissioner of Planning and Economic Development be advised of Council’s decision; 4. That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision; 5. That Council approve the amendment to Zoning By-law # 1784 (File Number: Z-13-21), as outlined in Planning Report PDP 20- 22; and, 6. That a By-law to amend Zoning By-law # 1784 be brought forward for consideration by Council.

1. That Council approve the Draft Plan of Subdivision (File Number: SW-2021-02), subject to the comments included in Planning Report PDP 21-22 (Revised) and the Conditions of Draft Approval included in Attachment #12; Page 7 of 23 Regular Council Minutes April 11, 2022 - 7:00 PM 2. That Council approve an amendment to Zoning By-law # 1784 (File Number: Z-04-21), as outlined in Planning Report PDP 21- 22; 3. That Staff be authorized to prepare a Subdivision Agreement; 4. That the Region of Durham Commissioner of Planning and Economic Development be advised of Council’s decision; 5. That Williams and Stewart Associates Ltd. be appointed as the Control Architect for the Draft Plan of Subdivision; and, 6. That the Clerk forward a Notice to those parties and agencies that requested to be notified of Council’s decision.

1. That Council approve the Draft Plan of Subdivision (File Number: SW-2020-01), subject to the comments included in Planning Report PDP 22-22 and the Conditions of Draft Approval included in Attachment #10; 2. That Staff be authorized to prepare a Subdivision Agreement; 3. That the Region of Durham Commissioner of Planning and Development be advised of Council’s decision; 4. That Williams and Stewart Associates Ltd. be appointed as the Control Architect for the Draft Plan of Subdivision; 5. That the Clerk forward a Notice to those parties and agencies that requested to be notified of Council’s decision; 6. That Council approve an amendment to Zoning By-law # 1784 (File Z-02-20), as outlined in Planning Report PDP 22-22; 7. That a By-law to amend Zoning By-law # 1784 be brought forward for consideration by Council, 8. That item number MD-6135 be removed from the New and Unfinished Business list; and, 9. That the delegated authority for site plan approval for the high density/mixed use block (Block 299) be rescinded. Page 8 of 23 Regular Council Minutes April 11, 2022 - 7:00 PM

1. That Council approve in principle, the Memorandum of Understanding (MOU) between the Region of Durham and the Town of Whitby related to proposed development at 270 Water Street, as provided in Attachment 2 to Report PDE 08-22; and, 2. That the Mayor and the Clerk be authorized to sign any necessary documents.

1. That Report PDP 23-22 be endorsed as the Town’s comments on the Envision Durham – Growth Management Study – Release of Alternative Land Need Scenarios Assessment Summary Report # 2022-INFO-19 [Region of Durham File D-01]; and, 2. That the Clerk forward a copy of Report PDP 23-22 to the Durham Region Planning and Economic Development Department and the Durham area municipalities.

That the main motion be amended by including Item 2 as follows, and that the remaining item be renumbered accordingly: 2. That the Built Boundary, which was established in 2006, be expanded/adjusted proportionate to any greenfield expansion to ensure that intensification within the Built Boundary is reasonable and respectful to the historic areas and mature neighbourhoods within the existing Built Boundary;

1. That Report PDP 23-22 be endorsed as the Town’s comments on the Envision Durham – Growth Management Study – Release of Alternative Land Need Scenarios Assessment Summary Report # 2022-INFO-19 [Region of Durham File D-01]; 2. That the Built Boundary, which was established in 2006, be expanded/adjusted proportionate to any greenfield expansion to ensure that intensification within the Built Boundary is reasonable and respectful to the historic areas and mature neighbourhoods within the existing Built Boundary; and, 3. That the Clerk forward a copy of Report PDP 23-22 to the Durham Region Planning and Economic Development Department and the Durham area municipalities.

1. That Correspondence # 2022-133 received by C. Harris, Town Clerk, from John Semjan dated February 28, 2022 regarding Dry Saw Cutting Asphalt, Stone, and Concrete on Residential Home Improvement Projects be received for information; and, 2. That Council shall direct staff to further investigate and research to determine best practices in neighbouring municipalities and report back to Council through a memo on the merits and financial implications of a residential construction dust permit system. Page 11 of 23 Regular Council Minutes April 11, 2022 - 7:00 PM

That Item 2 of the main motion be amended by replacing the word 'memo' with the word 'report'.

That Report FS 24-22 regarding 2021 Remuneration and Expenses for Members of Council and Council Appointees to Boards be received for information.

That Council approve a new 2022 capital project, in the amount of $155,400, for Celebration Square Placemaking (capital project 70222023) funded $116,550 from a grant and $38,850 from the Long Term Finance Reserve.

Whereas the pandemic has shown how we can operate virtually at Council and has provided efficiencies for Councillors and meetings; Whereas the Town has the necessary technology in place to allow for virtual and hybrid meetings and has successfully ran virtual meetings for the past two years; Whereas Regional Council currently has the option for Councillors to meet virtually should they choose at meetings; and, Whereas the public and delegations already have and will continue to have the option to meet virtually moving forward at meetings. Now therefore be it resolved: 1. That the Clerk be directed to bring forward a by-law to amend the Procedure By-law to allow Council Members to continue to meet virtually at Committee and Council meetings; Page 13 of 23 Regular Council Minutes April 11, 2022 - 7:00 PM 2. That the Office of Town Clerk provide a memo on the process, timeline and cost for full or partial video upgrade for live streaming Standing Committee and Council meetings; and, 3. That Staff report to Council on the effectiveness of hybrid meetings by the end of Q2 2022.

Whereas there are conflicts around the world, such as the Russian invasion of the Ukraine, resulting in millions of refugees; and, Whereas the Region and the Town of Whitby have access to resources for refugees and those in war ravaged countries; and, Whereas Whitby Fire and Emergency Services has firefighter bunker gear (including personal protective equipment) that has been in service for at least 10 years and is scheduled for disposal; and, Whereas firefighter bunker gear greater than 10 years old is recommended to be replaced in accordance with National Fire Protection Association (NFPA) Standards; and, Whereas the Town’s Purchasing Policy provides guidance on the disposal of surplus goods and equipment where revenue from the sale of used goods and equipment is allocated back to Town reserve funds; and, Whereas Firefighters Without Borders is a Canadian charitable organization that provides donated equipment and training to communities throughout Canada and in countries around the World; and, Whereas Firefighters Without Borders is currently collecting equipment for delivery to Ukraine to assist with international humanitarian aid efforts. Page 14 of 23 Regular Council Minutes April 11, 2022 - 7:00 PM Now therefore be it resolved: 1. That Council authorize the Corporation of the Town of Whitby’s firefighter bunker gear scheduled to be disposed of in 2022 to be donated to the Firefighters Without Borders organization in support of the Ukrainian humanitarian aid effort; and

1. That the 2022 budget for the Downtown Whitby Business Improvement Area (BIA), in the amount of $381,040, be approved; 2. That the Commissioner of Financial Services/Treasurer be directed bring forward a tax levy by-law to collect a Special Tax Levy, in the amount of $200,000, from applicable businesses within the Downtown Whitby Business Improvement Area to fund the BIA’s 2022 budget; and, 3. That the Commissioner of Financial Services/Treasurer be directed develop a payment schedule with the BIA for the 2022 Special Tax Levy for the BIA.

1. That Council endorse the connection of the proposed Zero Carbon Geo-Exchange District Energy System to the Whitby Sports Complex; 2. That Council authorize an Agreement for the use of the Whitby Sports Complex lands for the development of the District Energy System and road allowance for the DES piping system via the mid arterial roadway on terms satisfactory to the Commissioners of Financial Services and Treasurer and Legal and Enforcement Services/Town Solicitor; 3. That Council direct staff to continue to support funding opportunities for the proposed District Energy System; 4. That staff be directed to develop a District Energy Connection By- Law to support the operation and connectivity of district energy systems; 5. That the Town partner with Elexicon and contribute a total of $200,000, being half of the projected $400,000 District Energy System initial design costs, via a payment to Elexicon, funded from the remaining budget in the original District Energy Feasibility Study Capital Budget (in the amount of $94,625) and from the Whitby Sports Complex Construction project (in the amount of $105,375); and, 6. That staff be authorized to enter into an agreement with Elexicon regarding the reimbursement of the $200,000 and the Town’s right to utilize the detailed designs as outlined in Report CAO 07- 22 to the satisfaction of the Commissioners of Financial Services and Treasurer and Legal and Enforcement Services/Town Solicitor.

1. That Tender T-501-2022 be awarded to Four Seasons Site Development Ltd., for the 2022 urban road resurfacing works, in Page 16 of 23 Regular Council Minutes April 11, 2022 - 7:00 PM the amount of $4,132,237.20 (plus applicable taxes) to be funded from the capital projects listed in Table 2 of Report FS 22-22; 2. That the revised cost estimates totaling $5,036,852.41 for the fourteen (14) capital projects noted in Table 2 of Report FS 22-22 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Report CAO 08-22 be received as information; and, 2. That the Clerk forward a copy of Staff Report CAO 08-22 to the Region of Durham’s Sustainability Department.

Page 17 of 23 Regular Council Minutes April 11, 2022 - 7:00 PM 1. That Council approve the creation of the Engineering Development Fee Reserve and the affiliated reserve policy included in Attachment 1 of Report FS 25-22; 2. That Council approve the creation of the Planning Development Fee Reserve and the affiliated reserve policy included in Attachment 2 of Report FS 25-22; and, 3. That Council approve the updated Disposition of Operating Surplus Policy F 010 included in attachment 3 of Report FS 25- 22.

1. That the property tax rates for the year 2022, General Municipal Town Levies be approved as indicated in Schedule “A”, attached to Report FS 28-22; 2. That staff be authorized to calculate the special tax levy and tax rates for the properties located within the Downtown Whitby Business Improvement Area (BIA) for the purposes of a Special Tax Levy by-law for the BIA following Council receipt and approval of the BIA’s 2022 Budget; 3. That the final tax bill due dates for the Residential, Farmland, Pipeline and Managed Forest tax classes be June 24, 2022 and September 26, 2022; 4. That the final tax bill due dates for the capped tax classes (Commercial, Industrial and Multi-Residential) also be established for June 24, 2022 and September 26, 2022; 5. That prior to the issuance of the final tax bills, the Treasurer be authorized to adjust the due dates for the capped tax classes only and notify Council at the earliest opportunity; and, 6. That a by-law for the General Municipal Town Levies and a separate by-law for the Special Tax Levy in support of the BIA, to set the due dates and levy rates for 2022 in accordance with the approved budgets and regulations, be brought forward at a future Council meeting.

1. That the Noise By-law amendments appended to this report as Attachment # 1 be brought forward to Council for consideration; 2. That Council approve the proposed pilot project outlined in Option # 2 of Report LS 05-22; 3. That staff be directed to implement operational changes to reduce the requirement for residents to attend court to give evidence; and, 4. That Staff report back to Committee on the success/outcome of the pilot project by Q2 of 2023.

That leave be granted to introduce By-laws # 7872-22 to # 7886-22 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. Page 21 of 23 Regular Council Minutes April 11, 2022 - 7:00 PM

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 April 11, 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.