Regular Council Meeting

That the Regular Council minutes of November 30, 2020 and the Special Council minutes of December 7, 2020 be adopted.

1. That the memorandum from R. Saunders, Commissioner of Planning and Development, dated November 17, 2020 regarding a request to amend Fence By-law # 4394-99 at 812-908 Rossland Road East, Star Residence Ltd., be received for information; and, 2. Notwithstanding any other provisions of Fence By-law 4394-99 to the contrary, a privacy fence 2.44 metres (8 ft.) high may be permitted in the side yard between 908 Rossland Road East and 11 Brimley Crescent.

Page 3 of 23 Regular Council Minutes December 14, 2020 - 7:00 PM 1. That Council approve the proposed Draft Plan of Condominium (CW-2020-02) subject to the comments included in Planning Report PL 53-20 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.

1. That Report CAO 26-20 pertaining to an update on the 1855 Technology Accelerator be received as information; and, 2. That the Clerk be directed to forward a copy of Report CAO 26- 20 to the Chair of 1855 Board; CEO of 1855; Director of Economic Development, Region of Durham; CEO of the Whitby Chamber of Commerce; Ryan Turnbull, Member of Parliament for Whitby; and Lorne Coe, Member of Provincial Parliament for Whitby.

Page 4 of 23 Regular Council Minutes December 14, 2020 - 7:00 PM 1. That the Town of Whitby accept the low tender bid of Hub International Equipment in the amount of $260,600.00 (plus applicable taxes) for the supply and delivery of 5 Tractors; 2. That the total estimated project cost of $266,786.56 be approved; 3. That the Treasurer by authorized to draw on reserve/reserve funds as required to address the budget overage; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

That a by-law be brought forward to allow for the Interim Tax Billing for the 2021 taxation year.

1. That Report PW 9-20 regarding the Active Transportation Plan (ATP) study be received for information; 2. That the Final Draft Active Transportation Plan be made available for public review and comment for a period of at least 60 days; Page 5 of 23 Regular Council Minutes December 14, 2020 - 7:00 PM 3. That a copy of the Final Draft Active Transportation Plan report be provided to stakeholders and Town of Whitby divisions for review and comment; and, 4. That Staff report back to Council, following the public consultation period, with the Final Active Transportation Plan for Council’s consideration and approval, including considerations for prioritizing property needs to implement the Active Transportation Plan.

1. That Report PW 27-20 regarding Automated Speed Enforcement (ASE) be received for information; and, 2. That Council direct the Clerk to remove MD-5142 from the New and Unfinished Business (NUB) listing.

That Report PW 29-20 be received as information. Page 6 of 23 Regular Council Minutes December 14, 2020 - 7:00 PM

The main motion be amended by adding the following recitals, and including Items 2 and 3 as follows: Whereas the Ministry of Environment, Conservation, and Parks posted the proposed draft Blue Box Regulation ERO #019-2579 for comment; and, Whereas the draft Blue Box Regulation will establish Ontario as a leader in moving the Province forward towards a circular economy; and, Whereas Producer responsibility policies are fundamental to reducing waste and increasing the recovery of resources in Ontario; and, Whereas comment on the draft Blue Box Regulation has been provided by the Town of Whitby to Jamelia Alleyne, Senior Policy Analyst, Resource Recovery Policy Branch, Ministry of the Environment, Conservation and Parks in a letter dated November 30, 2020; and, Whereas comment on the draft Blue Box Regulation has also been provided in a joint submission of the Association of Municipalities of Ontario, the City of Toronto, the Regional Public Works Commissioners of Ontario and the Municipal Waste Association to Jamelia Alleyne, Senior Policy Analyst, Resource Recovery Policy Branch, Ministry of the Environment, Conservation and Parks in a letter dated November 30, 2020. Now therefore be it resolved: 2. That, further to the referenced letters of November 30, 2020, the Mayor and Council of the Town of Whitby wish to express their support in principle for extended producer responsibility for a province wide common collection system of blue box materials and careful transition planni

Whereas the Ministry of Environment, Conservation, and Parks posted the proposed draft Blue Box Regulation ERO #019-2579 for comment; and, Whereas the draft Blue Box Regulation will establish Ontario as a leader in moving the Province forward towards a circular economy; and, Whereas Producer responsibility policies are fundamental to reducing waste and increasing the recovery of resources in Ontario; and, Whereas comment on the draft Blue Box Regulation has been provided by the Town of Whitby to Jamelia Alleyne, Senior Policy Analyst, Resource Recovery Policy Branch, Ministry of the Environment, Conservation and Parks in a letter dated November 30, 2020; and Whereas comment on the draft Blue Box Regulation has also been provided in a joint submission of the Association of Municipalities of Ontario, the City of Toronto, the Regional Public Works Commissioners of Ontario and the Municipal Waste Association to Jamelia Alleyne, Senior Policy Analyst, Resource Recovery Policy Branch, Ministry of the Environment, Conservation and Parks in a letter dated November 30, 2020; Now therefore be it resolved: 1. That Report PW 29-20 be received as information; and, 2. That, further to the referenced letters of November 30, 2020, the Mayor and Council of the Town of Whitby wish to express their support in principle for extended producer responsibility for a province wide common collection system of blue box materials and careful transition planning; and, 3. That the Clerk be directed to cir

1. That Report CLK 09-20 of the Office of the Town Clerk be received for information; 2. That the Clerk be directed to bring forward a by-law to repeal By- law # 7350-17 and # 7456-18 and replace it with the Records Classification and Retention By-law substantially in the form appended as Attachment # 1 to Report CLK 09-20; 3. That Council repeal Records & Information Management Policy # CA 030 and replace it with the Information Governance Policy appended as Attachment # 2 to Report CLK 09-20; and, 4. That Council repeal the Transfer of Archival Records Policy # CA 220 and that the Town Clerk be delegated authority to adopt practices for the management of archival records through a subsidiary procedure under the Information Governance Policy.

Whereas the Council of the Town of Whitby supports the Durham- Scarborough Bus Rapid Transit project in principle and understands that the project will be moving forward; and, Whereas the Durham-Scarborough Bus Rapid Transit project is important to the Town and the Region, however Council wants to ensure that the project is implemented in such a way to balance the needs of transit users, Whitby businesses, and Whitby residents; and, Whereas the Metrolinx proposal received by Whitby Council on November 2, 2020 has raised community and business concern and raises anticipated resultant impact on businesses, heritage resources and adjacent historic neighborhoods; and, Whereas the road allowance of Dundas Street through Downtown Whitby is the narrowest of all the municipalities throughout the BRT Highway corridor thereby resulting in potentially the most significant physical, operational, and economic and socio-cultural impacts associated with the BRT. It is critical to provide a solution that compliments the corridor both now and, in the future, and is reflective of a historic downtown and mitigates any impacts to adjacent neighborhoods. Now therefore be it resolved: 1. That the Council of the Town of Whitby requests Metrolinx to consider the options presented in Report PW 35-19 as adopted by Whitby Council December 16th, 2019, Resolution #358-19; 2. That the Council of the Town of Whitby requests the opportunity of deferring the Whitby downtown portion between Byron Street and P

Page 11 of 23 Regular Council Minutes December 14, 2020 - 7:00 PM Whereas COVID-19 continues to have disastrous affects in long-term care homes, retirement homes and congregate facilities in Whitby, Durham and the rest of Ontario; and, Whereas according to Durham Region Public Health as of December 14, 2020, 117 out of 118 residents at Sunnycrest Nursing Home had tested positive for COVID-19, 25 had died and 61 staff members who reside in Durham Region had also tested positive; and, Whereas a media report states that an internal inspection report, completed on November 29, 2020, by the Ministry of Long-Term Care states that there was no designated COVID-19 screener wearing full PPE located at the front entrance of the building, and there was an improper use of PPE, a lack of hand hygiene, a lack of access to PPE, and food and high-risk medications for residents were up to 2 hours late, and further, that a lack of staff led to inadequate care; and, Whereas on December 3, 2020, Lakeridge Health assumed temporary management of Sunnycrest Nursing Home through a Voluntary Management Contract approved by the Ministry of Long-Term Care; and, Whereas the Town of Whitby Council and our residents offer our deepest condolences to the residents that have passed and their families, and send our best wishes for a speedy recovery to the residents and staff infected with COVID-19; Now therefore be it resolved: 1. That the Council of the Town of Whitby requests that the Provincial Government,

Page 13 of 23 Regular Council Minutes December 14, 2020 - 7:00 PM That the Clerk be directed to bring forward a by-law at the next Regular Council meeting to change the election of Regional Councillors from at- large to by ward, so that one Regional Councillor would be elected from each of the Town’s 4 wards.

That Council suspend the rules of procedure to allow the introduction of a motion regarding Soccer and Recreational Programs Delivered in Air Supported Structures (Domes).

Whereas the Durham Region entered the Red Zone on November 23, 2020; and, Whereas Red Zone O. Reg. 263/20 permits up to 10 people to participate in an indoor recreational facility class provided that a 2 metre physical distance can be maintained at all times; and, Whereas Whitby Football Club (WFC), formerly Whitby Iroquois Soccer Club, has over 7,000 members and is the second largest soccer club in Ontario; and, Whereas WFC operates two soccer domes - one with two full size fields and one with three full size fields; and, Whereas WFC has responded to COVID-19 health concerns in multiple ways from the beginning of the pandemic, including installing continuous plastic dividers to separate the fields, by staggering start times and adding an extra 15 minutes between rentals to avoid congregating, by dedicated entrances and exits and by not allowing parents into the facility, in order to reduce numbers; and, Whereas, as a result of these measures and practices, WFC has safely made soccer available for its members with 10 players per field since November 23, 2020; and, Whereas other users of the WFC who have safely delivered programs in the domes during the COVID-19 pandemic include Whitby Minor Baseball, Durham Ultimate Frisbee, Whitby Cricket, Lady Blue Knights Lacrosse, Durham Rebels Volleyball, Rugby Ontario, Toronto Arrows Rugby Team (Professional), Team Canada Women’s Softball, NSA Baseball, Edge Lacrosse, the Oshawa 65’s, and the Durham District School Board (DDSB); and, Pa

That Council suspend the rules of procedure to allow the introduction of a motion regarding the Long-Term Care COVID-19 Independent Commission - Request to Report Findings.

Page 17 of 23 Regular Council Minutes December 14, 2020 - 7:00 PM Whereas the Terms of Reference for Ontario’s Long-Term Care COVID- 19 independent Commission have been set; and, Whereas part (e) of that Commission states, “in considering the current government initiatives and reforms in the long-term care homes system, any further areas that should be the subject matter of future action by government to help prevent the future spread of disease in long-term care homes”; and, Whereas long-term care homes can operate either on a not-for-profit (municipal, charitable, non-profit nursing home) or for-profit basis; and, Whereas the Canadian Medical Association Journal states, “Long-term care (LTC) homes have been the epicenter of the coronavirus disease 2019 (COVID-19) pandemic in Canada to date. Previous research shows that for-profit LTC homes deliver inferior care across a variety of outcome and process measures, raising the question of whether for- profit homes have had worse COVID-19 outcomes than nonprofit homes”; and, Whereas AdvantAge Ontario, the association of not-for-profit long-term care, housing, and services for seniors, testified before the Long-Term Care COVID-19 Commission on Tuesday, September 29th, and indicated that 74 percent of deaths reported in the sector were from for- profit homes, 21 percent from not-for-profit homes, and 5 percent from municipal homes; however, the not-for-profit and municipal homes represent 46.3 percent of all homes in the province;

That Council suspend the rules of procedure to allow the introduction of a motion regarding declaring Santa Claus, Mrs. Claus, and their Elves as Essential Workers.

Whereas Santa Claus, Mrs. Claus, and the elves have maintained voluntary isolation in the North Pole beyond the 14 day quarantine period, while continuously making toys and checking lists; and, Whereas Santa Claus is excited to deliver joy to children around the world, and has no space to store all of their wrapped presents; and, Whereas families have purchased cookies, milk, celery, and carrots in anticipation of Santa Claus’ arrival with his nine reindeer (including Rudolph);and, Whereas world renowned immunologist Dr. Anthony Fauci has advised that Santa Claus is exempt from COVID-19 and has innate immunity; and, Whereas Mrs. Claus and the elves have received the Pfizer-BioNTech vaccine as participants in a trial study; and, Whereas Santa Claus, Mrs. Claus, and the elves will begin their 14 day quarantine period on December 25, 2020, while sleeping off the milk and cookies and watching the reindeer games. Now therefore be it resolved: 1. That the Council of the Town of Whitby declare Santa Claus, Mrs. Claus, and the elves as essential workers; and, 2. That Santa Claus and his reindeer be exempt from all travel restrictions and quarantine measures on Christmas Eve so that he may safely complete his annual mission of delivering joy to children; and, 3. That the Clerk be directed to circulate this resolution to Durham Region M.P.P.s, M.P. Ryan Turnbull, and M.P. Erin O’Toole.

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 December 14, 2020 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 leave be granted to introduce By-laws # 7702-20 to # 7707-20 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.