Committee of the Whole

That the rules of procedure be suspended to allow delegations from members of the public, in attendance at the meeting, pertaining to Item 5.4.2, PDP 11-24, Official Plan Amendment, Draft Plan of Subdivision and Zoning By-law Amendment Applications, Frontdoor Developments (Palmerston) Inc., 400 Palmerston Avenue.

That an Infill Development By-law in accordance with the recommendations contained in Report PDE 01-24, be brought forward for Council’s approval; That the Director of Engineering Services be directed to finalize and implement the Guidelines to Infill Developments and Grading, Servicing and Drainage Permit in accordance with the recommendations contained in Report PDE 01-24 and in the proposed Infill Development By-law; That the Director of Engineering Services be provided with the delegated authority to amend the Guidelines to Infill Developments and Grading, Servicing and Drainage Permit from time to time; That Council approve the proposed Infill Development Fees and Securities as outlined in Report PDE 01-24; and, That the Fees and Charges By-law # 7220-17, as amended, be further amended to include the proposed Infill Development By-law Fees and Securities, as outlined in Report PDE 01-24.

That Council approve the Draft Plan of Subdivision (File No. SW-2023-03), subject to the comments included in Planning Report PDP 11-24 and the conditions of draft plan approval included in Attachment #12; 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 #2585, (File No. Z-09-23), as outlined in Planning Report No. PDP 11-24; and, That a by-law to amend Zoning By-law #2585 be brought forward for consideration by Council at such time as the subdivision receives Draft Approval. Note: the disposition of this matter, Item 5.4.2, PDP 11-24, was determined through the referral motion below. Recommendation: Moved by Mayor Roy That consideration of Report PDP 11-24 be

That the Committee take a brief recess.

That Council approve the Draft Plan of Subdivision (File No. SW-2023-04), subject to the comments included in Planning Report PDP 12-24 and the conditions of draft plan approval included in Attachment #11; 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-10-23), as outlined in Planning Report No. PDP 12-24; and, That a by-law to amend Zoning By-law #1784 be brought forward for consideration by Council at such time as the subdivision receives Draft Approval and Site Plan Approval is issued by the Commissioner of Planning and Development.

That Staff be directed to include consideration of a three way stop at White Ash Drive and Palmerston Avenue as part of a report on new stop controls by Q2 2024.

Whereas residents are struggling with energy bill increases and need relief; and, Whereas natural gas is no longer the cheapest way to heat homes because electric heat pumps are now much more efficient, can provide all heating needs even in cold climates, and result in far lower energy bills compared to gas heating; and, Whereas natural gas is methane gas, which is a fossil fuel that causes approximately one-third of Ontario's GHG emissions, and must be phased out because it is inconsistent with all climate targets, while heat pumps result in the lowest GHG emissions and are consistent with a zero-carbon future; and, Whereas the Ontario Energy Board (OEB) decided to end a subsidy for methane gas pipelines to be built in new construction developments, effective 2025, finding that this would lower energy bills for existing gas customers and improve affordability for new homebuyers, but this decision is at risk of being overturned by the provincial government; and, Whereas the OEB decision will help lower energy bills and encourage heating systems that are consistent with climate targets and plans; and, Whereas the construction of new methane gas pipelines, which have 60-year lifetimes, should not be subsidized because they are inconsistent with the Town’s climate targets and will result in higher carbon emissions, higher energy bills, higher future decarbonization retrofit costs to phase out fossil fuel heating, and a continued financial drain as dollars leave the province to p

Whereas in 2015 the City of Greater Sudbury (“Sudbury”) entered into a contract with a contractor to complete a project in its downtown core; and, Whereas the contract provided that the contractor would be the constructor for the project as that term is defined in the Occupational Health and Safety Act (the “Act”); and, Whereas an employee of the constructor operating a grader on the project struck and killed a pedestrian; and, Whereas Sudbury was charged with offences under the Act as the constructor and the employer; and, Whereas after being acquitted at trial and on appeal, the Ontario Court of Appeal, in a decision issued on April 23, 2021, found Sudbury to be liable for contraventions of the Construction Regulations as an employer as it employed quality control inspectors to monitor the quality of work on the project from time-to-time; and, Whereas the Supreme Court of Canada, in a decision issued on November 10, 2023, was evenly divided 4-4 on the issue resulting in the dismissal of Sudbury’s appeal; and, Whereas the consequence of this decision is that municipalities in Ontario, as well as all other owners of property in the province, who wish to undertake construction, are subject to being charged and convicted as an employer for offences in relation to project sites for which they have no control and have, in accordance with the Act, contracted with an entity to assume oversight and authority over the work on such site as the constructor; and, Whereas the potential o

That in accordance with the Town’s Procedure By-law, the Committee of the Whole meeting continue to go past 11:00 p.m.

That staff be directed to facilitate and implement an Administrative Penalty System (“APS”) for the Town of Whitby for Parking infractions with an implementation date of May 1, 2024. That upon passing of the Administrative Penalty System By-law and new Traffic By-law, that Traffic By-law # 1862-85, as amended, is repealed after the transition period. That the proposed new Administrative Penalty System By-law, be brought forward to the next Council meeting for consideration and adoption, substantially in accordance with Attachment 2 to this Report, and in a form satisfactory to the Commissioner of Legal and Enforcement Services/Town Solicitor. That the proposed new Traffic By-law, be brought forward to the next Council meeting for consideration and adoption, substantially in accordance with Attachment 1 to this Report, and in a form satisfactory to the Commissioners of Legal and Enforcement Services/Town Solicitor and Planning and Development. That Council approve the proposed Prevention of Political Interference Policy and Conflict of Interest Policy, substantially in accordance with Attachments 3 and 4, respectively. That the Commissioner of Legal and Enforcement Services/Town Solicitor be directed to draft and implement a Standard Operating Procedure for public complaints in relation to the Administrative Penalty System. That the Commissioner of Legal and Enforcement Services/Town Solicitor be delegated the authority to appoint both a Screening Officer and a Hearings Office

That Part of Lot 1, Concession 1 (Geographic Township of Pickering) and Part of Road Allowance between Township of Whitby and Township of Pickering, designated as Part 4 on Plan 40R-30216, being a portion of PIN 26494-0728 (LT) (“Property #1”), and Part of Lot 1, Concession 1 (Geographic Township of Pickering) and Part of Road Allowance between Township of Whitby and Township of Pickering, designated as Part 3 on Plan 40R-29191, SAVE and EXCEPT Parts 3 and 4 on Plan 40R-30216, being all of PIN 26494-0745 (LT) (“Property #2”), (collectively, the ”Properties” or “Old Lake Ridge Road”) be acquired from The Regional Municipality of Durham subject to the conditions set forth in Legal Services Report LS 02-24; That Council direct staff to negotiate and enter into a Boundary Road Agreement with The Corporation of the Town of Ajax to the satisfaction of the Commissioner of Legal Services and Enforcement/Town Solicitor, or designate, to outline the future rights and obligations relating to Old Lake Ridge Road (the “Boundary Road Agreement”); That the requirement to obtain an appraisal and give public notice in accordance with Town of Whitby Policy F-190 regarding the Acquisition, Sale or other Disposition of Land Policy be waived for the acquisition of the Properties; That the Clerk be authorized to bring forward a by-law authorizing the acquisition of the Properties; and, That the Mayor and Clerk be authorized to undertake all necessary actions and execute an Offer to Sell with the R

That Report LS 05-23 be received for information.

That Part of the Road Allowance of Coronation Road between Lots 32 and 33, Concession 3, designated as Parts 8, 9 and 10 on Plan 40R-29953 (being a portion of PIN 26548-3682 (LT)) (“Property #1”), and Part of the Road Allowance of Ash Street, East of Brock Street, Plan H50029, designated as Part 1 on Plan 40R-32017 (being a portion of PIN 26532-0111 (LT)) (“Property #2), (collectively the “Town’s Parcels”) be declared surplus and conveyed to the Canadian Pacific Railway Company (“CPR”), and that Part of Lot 34, Concession 3, designated as Part 1 on Plan 40R-31999 (being a portion of PIN 26548-0437 (LT)) (“Property #3”), (the “CPR Parcel”) be acquired from CPR, subject to the conditions set forth in Financial Services Report 05-24; That the Clerk be authorized to bring forward by-laws authorizing the disposition of the Town’s Parcels and the acquisition of the CPR Parcel; That the Clerk be authorized to bring forward a by-law to stop up and close Property #1 and Property #2 as a public highway; That the requirement to obtain an appraisal and give public notice in accordance with Town of Whitby Policy F-190 regarding the Acquisition, Sale or other Disposition of Land Policy be waived for the acquisition and disposition of the lands described herein; That the requirement to provide notice to permanently close a highway in accordance with Town of Whitby Public Notice Policy CA-150 be waived for the lands described herein; and, That Council hereby delegate authority to the Commiss

That in accordance with the Town's Procedure By-law, the Committee of the Whole meeting continue to go past 11:30 p.m.

That Report FS 06-24, the 2023 Annual Investment Report, be received.

That Report FS 08-24 regarding the Asset Management Policy update be endorsed by Council; That Staff continue to undertake asset management initiatives to remain in compliance with Ontario Regulation 588/17 and the Municipal Funding Agreement for the Transfer of Federal Gas Tax Funds; and, That Staff report back to Council in June 2024 with an update to the Municipal Asset Management Plan.

That Report CAO 06-24 regarding the 2023 Annual Report for the Mayor’s Community Development Fund and the Performing Arts Community Development Fund be received for information; and, That Council approve the updated Mayor’s Community Development Fund and Performing Arts Community Development Fund Policy as shown in Attachment 4.

That Council approve the revised Public Notice Policy appended to Report CLK 03-24 as Attachment 1.

That the Clerk be directed to amend the current criteria for those eligible to receive the Town's "Outstanding Achievement Award" in the form of a medal and certificate. These accolades will go to Whitby residents who have done outstanding deeds or had incredible triumphs at a National or International level. The presentation from the Mayor and Council will occur within the calendar year in which the achievement took place.

Whereas on February 15, 2024 the Province announced it will be introducing new legislation through the Get It Done Act in the Legislature’s spring sitting, which if passed will prohibit Ontario from introducing new tolls on provincial highways and potentially require public consultation before considering new tolls; and, Whereas Highway 407 East from Brock Road (Regional Road 1) in Pickering to Highway 35/115 is provincially owned with tolls set by the province; and, Whereas if excluded from the proposed ban on tolls, Highway 407 East would become the only tolled provincially owned highway in Ontario, resulting in unfair economic impacts to Durham Region residents and businesses; and, Whereas planned Regional construction work to widen Winchester Road (Regional Road 3) from Anderson Street to Baldwin Street (Regional Highway 12) will necessitate reducing Winchester Road to one lane of traffic in one direction over two construction seasons impacting travel times for residents and businesses; and, Whereas removal of tolls on Highway 407 East work would improve overall travel times and alleviate the traffic impacts on surrounding Regional and local municipal roads during the Winchester Road construction. Now therefore be it resolved: That the Council of the Town of Whitby request the Province of Ontario to amend the Get It Done Act to include the permanent removal of road tolls on the existing Highway 407 East from Brock Road in Pickering to Highway 35/115; and, That the Clerk b

That the meeting adjourn.

That consideration of Report PDP 11-24 be

1. That staff be directed to facilitate and implement an Administrative Penalty System (“APS”) for the Town of Whitby for Parking infractions with an implementation date of May 1, 2024. 2. That upon passing of the Administrative Penalty System By- law and new Traffic By-law, that Traffic By-law # 1862-85, as amended, is repealed after the transition period. 3. That the proposed new Administrative Penalty System By- law, be brought forward to the next Council meeting for consideration and adoption, substantially in accordance with Attachment 2 to this Report, and in a form satisfactory to the Commissioner of Legal and Enforcement Services/Town Solicitor. 4. That the proposed new Traffic By-law, be brought forward to the next Council meeting for consideration and adoption, substantially in accordance with Attachment 1 to this Report, and in a form satisfactory to the Commissioners of Legal and Enforcement Services/Town Solicitor and Planning and Development. 5. That Council approve the proposed Prevention of Political Interference Policy and Conflict of Interest Policy, substantially in accordance with Attachments 3 and 4, respectively. 6. That the Commissioner of Legal and Enforcement Services/Town Solicitor be directed to draft and implement a Standard Operating Procedure for public complaints in relation to the Administrative Penalty System. 7. That the Commissioner of Legal and Enforcement Services/Town Solicitor be delegated the authority to appoint both a Screening Office

1. That Part of Lot 1, Concession 1 (Geographic Township of Pickering) and Part of Road Allowance between Township of Whitby and Township of Pickering, designated as Part 4 on Plan 40R-30216, being a portion of PIN 26494-0728 (LT) (“Property #1”), and Part of Lot 1, Concession 1 (Geographic Township of Pickering) and Part of Road Allowance between Township of Whitby and Township of Pickering, designated as Part 3 on Plan 40R-29191, SAVE and EXCEPT Parts 3 and 4 on Plan 40R-30216, being all of PIN 26494-0745 (LT) (“Property #2”), (collectively, the ”Properties” or “Old Lake Ridge Road”) be acquired from The Regional Municipality of Durham subject to the conditions set forth in Legal Services Report LS 02-24; 2. That Council direct staff to negotiate and enter into a Boundary Road Agreement with The Corporation of the Town of Ajax to the satisfaction of the Commissioner of Legal Services and Enforcement/Town Solicitor, or designate, to outline the future rights and obligations relating to Old Lake Ridge Road (the “Boundary Road Agreement”); 3. That the requirement to obtain an appraisal and give public notice in accordance with Town of Whitby Policy F-190 regarding the Acquisition, Sale or other Disposition of Land Policy be waived for the acquisition of the Properties; 4. That the Clerk be authorized to bring forward a by-law authorizing the acquisition of the Properties; and, 5. That the Mayor and Clerk be authorized to undertake all necessary actions and execute an Offer to

1. That Part of the Road Allowance of Coronation Road between Lots 32 and 33, Concession 3, designated as Parts 8, 9 and 10 on Plan 40R-29953 (being a portion of PIN 26548-3682 (LT)) (“Property #1”), and Part of the Road Allowance of Ash Street, East of Brock Street, Plan H50029, designated as Part 1 on Plan 40R-32017 (being a portion of PIN 26532-0111 (LT)) (“Property #2), (collectively the “Town’s Parcels”) be declared surplus and conveyed to the Canadian Pacific Railway Company (“CPR”), and that Part of Lot 34, Concession 3, designated as Part 1 on Plan 40R- 31999 (being a portion of PIN 26548-0437 (LT)) (“Property #3”), (the “CPR Parcel”) be acquired from CPR, subject to the conditions set forth in Financial Services Report 05-24; 2. That the Clerk be authorized to bring forward by-laws authorizing the disposition of the Town’s Parcels and the acquisition of the CPR Parcel; 3. That the Clerk be authorized to bring forward a by-law to stop up and close Property #1 and Property #2 as a public highway; 4. That the requirement to obtain an appraisal and give public notice in accordance with Town of Whitby Policy F-190 regarding the Acquisition, Sale or other Disposition of Land Policy be waived for the acquisition and disposition of the lands described herein; 5. That the requirement to provide notice to permanently close a highway in accordance with Town of Whitby Public Notice Policy CA-150 be waived for the lands described herein; and, 6. That Council hereby delegate autho