Regular Council Meeting

That the Regular Council minutes of December 14, 2020 and the Special Council minutes of January 18, 2021 be adopted.

That the rules of procedure be suspended to hear delegations from Alex Stojkov and Chet Couture regarding Item 9.1, Community Services Department Report CMS 01-21.

That Correspondence # 2021-22 dated January 8, 2021 and received from Jill Kendall, President, Board of Directors, Otter Creek Co- Operative Homes Inc., Re: Lands – Plan M1067 – McQuay Blvd., be received for information.

The main motion be amended to add the following as Item 2: 2. That Staff be directed to report to Council in Q1 2021 on the public consultation process and opportunity to declare land between 835 McQuay Boulevard and 855 McQuay Boulevard as surplus and offer this land to Otter Creek Co-operative Homes Inc. to build low-rise affordable housing.

The main motion, as amended, was then

Whereas Council supports the need for affordable housing that is compatible and integrated with existing neighbourhoods; and, Whereas Council supports the efforts of Staff to identify the need for all types of housing in Whitby; Now Therefore be it Resolved: That Staff report back on the site redevelopment opportunity for 590 and 650 Rossland Road East throughout the redevelopment process while ensuring ongoing consultation with the community. Page 8 of 27 Regular Council Minutes January 25, 2021 - 7:00 PM

Whereas the Town’s Official Plan and the Planning Act provides for the payment of cash-in-lieu of parkland as an alternative when a developer cannot provide actual land for parks within a residential development; Whereas, when cash-in-lieu of parkland is required before residential development can proceed, the amount to be paid to the Town is equal to the value of 1 hectare of land for each 500 dwelling units to be constructed; Whereas the Town has adopted policies to support residential growth and economic development within Downtown Whitby, including policies contained in the Downtown Whitby CIP; and, Whereas the current cash-in-lieu of parkland rate results in a payment that can exceed the value of the land being developed in the Historic Downtown Whitby Priority Area of the Downtown Whitby CIP, thereby discouraging the type of residential development that the Town is seeking to attract to this neighbourhood. Now therefore be it resolved: 1. That Correspondence # 2020-919 received by C. Harris, Town Clerk, from S. Mitchell, Senior Development Manager, Land and Housing Development, Brookfield Properties, dated November 26, 2020 regarding Whitby Fire Hall Redevelopment - Station No. 3, Cash-in-Lieu of Parkland, Brookfield Residential (Ontario) Station No. 3 Limited, be received for information; and, 2. That staff be directed to report to Council as soon as possible regarding establishing a reduced alternative cash-in-lieu of Page 9 of 27 Regular Council Minutes January 25, 2

1. That Planning Report PL 02-21 be endorsed as the Town’s comments on the Employment Area Conversion Requests submitted to the Region of Durham, as part of the Envision Durham Municipal Comprehensive Review; and, 2. That the Clerk forward a copy of Planning Report PL 02-21 to the Durham Region Planning and Economic Development Department and the Durham area municipalities.

1. That correspondence # 2020-920 from D. Moller dated December 2, 2020 regarding a request to amend Fence By-law # 4394-99 at 48 Flint Crescent related to the rear and side yard fences be received for information; and, 2. That Staff be directed to circulate notice of the exemption request to the neighbouring properties that are directly affected by the applicant’s exemption request providing 20 days to indicate Page 10 of 27 Regular Council Minutes January 25, 2021 - 7:00 PM support or objection to the request and that Staff be directed to report to Council recommending approval of the exemption should there be no objections registered.

1. That Correspondence # 2020-964 received by C. Harris, Town Clerk, from S. Larochelle dated December 15, 2020 regarding a petition opposed to the Town of Whitby issuing parking tickets for vehicles parked sideways on the paved portion of the boulevard, be received for information; and, 2. That Staff provide a Report to Council regarding the petition with information on parking enforcement measures and associated Traffic By-law issues during the pandemic by the April 12, 2021 Committee of the Whole meeting.

That report FR 01-21 be received as information.

That a by-law be brought forward to authorize the external temporary borrowing of an amount up to $50,798,000 from January 1, 2021 to September 30, 2021 and up to $25,399,000 between October 1, 2021 and December 31, 2021.

That the Corporate Information Technology Strategic Plan progress update report be received for information.

That Jayne Flieler, Peter Nelis, and Sandra Welch be appointed as Directors to the Downtown Whitby Business Improvement Area Board of Management for a term ending November 30, 2022.

That Staff Report CLK 01-21 be received for information.

1. That Council approve the proposed fees as outlined in Attachment 1 to be effective February 15, 2021 to February 14, 2022; and, 2. That the Clerk be authorized to amend the Consolidated Fees and Charges By-law 7220-17 to include the new Marina Harbour Division Fees Schedule.

Page 13 of 27 Regular Council Minutes January 25, 2021 - 7:00 PM 1. That report No. FS 01-21 regarding 2020 Year End Projection, including an Overview of the Financial Implications of COVID-19, as at September 30 be received; 2. That per the Safe Restart Agreement: a. The $2.75M municipal financial assistance funding received by the Town in phase 1 funding, be solely used to offset the financial impacts of the COVID-19 pandemic; and, b. Any surplus phase 1 funds not utilized in 2020 be transferred to a COVID-19 pandemic reserve fund to offset financial impacts of the COVID-19 pandemic in 2021. 3. That any surplus in 2020 revenue received from Elexicon in excess of the $4.3M base budget, be transferred to the Tax Rate Stabilization Reserve to be used to smooth out the forecasted budget impact of lower Elexicon revenue in 2022 and 2023; 4. That, notwithstanding the Disposition of Operating Surplus Policy, the remaining 2020 year end surplus be fully transferred to the Asset Management Reserve Fund; 5. That due to the COVID-19 pandemic, scheduled licensing agreement payments from the Whitby Football Club related to the repayment of the Town’s up-fronted costs for the soccer facilities be

That the Reserve and Reserve Fund uncommitted balance projection in Attachment 1 of this report be received for information.

That Report CAO 02-21 regarding the 2020 Annual Report for the Mayor’s Community Development Fund and the Performing Arts Community Development Fund be received.

1. That staff report PW 6-21 be received for information; 2. That Public Works staff work with the Financial Services Department to initiate a 2021 review and update of Development Approval Application Process (DAAP) fees related to Engineering services for Council consideration and approval; and, 3. That staff continue to refine the Public Works Brooklin Infrastructure Resource Strategy and update Council prior to future budget cycles with recommended refinements and requirements.

That Naji Hassan's term on the Accessibility Advisory Committee be extended to November 14, 2022 or until a successor is appointed. Page 15 of 27 Regular Council Minutes January 25, 2021 - 7:00 PM

Whereas two ice rink locations were identified by staff for the winter of 2021; and, Whereas Council and Staff have purchased materials and were in the process of building two temporary ice rinks this year, until the provincial Stay at Home Order changed the rules for Ontario residents; and, Whereas the demand for more outdoor activities, recreation and the desire of residents to have multiple outdoor ice rinks exists in our community; and, Whereas local businesses have been quick to express desire to sponsor permanent outdoor rinks; and, Whereas local charitable organizations have had little opportunity in 2020 to fundraise at events and are now searching for opportunities. Now therefore be it resolved: 1. That the Council of the Town of Whitby requests that Staff investigate the annual installation of two natural ice surfaces for the 2021/2022 winter season; 2. That Staff investigate opportunities to utilize volunteers and community groups such as Rotary for assistance in the ongoing maintenance and management of the natural ice surfaces; 3. That Staff investigate sponsorship opportunities to help offset any costs for the community outdoor rinks; 4. That Staff investigate opportunities for a permanent artificial ice surface and/or skating trail to be installed within five years; and, 5. That Staff report back on Items 1 through 5, including providing a proposed operating model and financial impacts, both capital and operating, by end of Q2 2021. Page 16 of 27 Regular Counci

1. That Council approve the proposed design elements for the West Whitby Unnamed District Park outlined in Community Services Department Report CMS 01-21 and illustrated in Attachment 1, including a more modern design for park playground equipment; 2. That Council approve a pre-budget commitment request of $2,847,000 within the 2021 Capital Budget for the development of the proposed West Whitby Unnamed District Park project; 3. That Mattamy Homes and Town Staff be authorized to proceed with the detailed construction drawings, tender documents and contractor selection, subject to pre-budget approval, and tender bid approval; and, 4. That residents participating in the virtual community engagement process be advised of the park project start up construction timing once determined.

That the main motion be amended to add the following item: That Staff will use best efforts to achieve a bee-themed play structure which is functional for all ages and has a modern aesthetic if available and within the proposed budget for the Park.

That the main motion be amended to add the following item: That the honey-bee theme be incorporated in signage etc. throughout the Park to commemorate the time that the honey bees landed in the area and brought the community together.

That the main motion be amended to add the following item: That the proposed Pickleball courts in the West Whitby Unnamed Park “the Park” be converted to a multi-purpose court (e.g. pickleball/tennis, etc.) for players of all ages and abilities.

That Item 1 of the main motion be amended to add the following after 'playground equipment': 'but not including the pickleball courts which instead shall be replaced with grass and/or a pollinator garden with the budget being reduced accordingly (less approximately $200,000).

That the main motion be amended to add the following item: That Staff ensure that the multi-purpose field is lit and is capable of accommodating entry level cricket, and consult with the local cricket community about their use of the field.

That the main motion be amended to add the following item: That Staff report back on the naming of the proposed West Whitby Unnamed District Park in accordance with the Municipal Property and Facility Naming Policy MS 250 to allow Council to consider other naming opportunities, as the Policy provides that parks may also be named for other aspects of the area’s geography, and/or for corporations, service clubs or individuals who have made a major contribution to the park’s development either physically or financially.

Page 21 of 27 Regular Council Minutes January 25, 2021 - 7:00 PM That the main motion be amended to add the following item: That Council approve a multi-purpose wall and asphalt area along the west fence line of the pickleball courts at a cost of $40,000 and direct Staff to work with area residents to develop commemorative and interpretative honeybee and pollinator signage to be installed in the park in accordance with the recommendations contained in the memorandum from the Commissioner of Community Services dated January 22, 2021;

That the motion noted above be further amended to add the following: after 'multi-purpose wall', 'two basketball courts'; and after 'cost of', '$45,000'.

The motion noted above, as amended, was then

That the main motion, as amended, be divided to consider Item 9 as separate from Items 1 to 8.

9. That Staff report back on the naming of the proposed West Whitby Unnamed District Park in accordance with the Municipal Property and Facility Naming Policy MS 250 to allow Council to consider other naming opportunities, as the Policy provides that parks may also be named for other aspects of the area’s geography, and/or for corporations, service clubs or individuals who have made a major contribution to the park’s development either physically or financially.

1. That Council approve the proposed design elements for the West Whitby Unnamed District Park outlined in Community Services Department Report CMS 01-21 and illustrated in Attachment 1, including a more modern design for park playground equipment; 2. That Staff ensure that the multi-purpose field is lit and is capable of accommodating entry level cricket, and consult with the local cricket community about their use of the field; 3. That Council approve a multi-purpose wall, two basketball nets, and asphalt area along the west fence line of the pickleball courts at a cost of $45,000 and direct Staff to work with area residents to develop commemorative and interpretative honeybee and pollinator signage to be installed in the park in accordance with the recommendations contained in the memorandum from the Commissioner of Community Services dated January 22, 2021; 4. That Council approve a pre-budget commitment request of $2,892,000 within the 2021 Capital Budget for the development of the proposed West Whitby Unnamed District Park project; 5. That Mattamy Homes and Town Staff be authorized to proceed with the detailed construction drawings, tender documents and contractor selection, subject to pre-budget approval, and tender bid approval; 6. That residents participating in the virtual community engagement process be advised of the park project start up construction timing once determined; 7. That Staff will use best efforts to achieve a bee-themed play structure which is functi

That leave be granted to introduce By-laws # 7710-21 to # 7712-21 and By-laws # 7714-21 to # 7716-21 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.

That leave be granted to introduce By-law # 7713-21 and to dispense with the reading of the by-law 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 the meeting adjourn.

That the proclamations for Tamil Heritage Month, Bell Let's Talk Day, Durham Region Hospice Awareness Day, National 211 Day, Scout- Guide Week, and Personal Support Worker Day and the flag raisings for Bell Let's Talk Day, Scouts Canada, and Girl Guides of Canada be endorsed.

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 January 25, 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.