Regular Council Meeting

That the Regular Council minutes of November 1, 2021 and the Special Council minutes of November 1, November 3, November 8, November 15, and November 22, 2021 be adopted.

That the rules of procedure be suspended to hear the delegations from Michael Dominguez, Wenda D. Abel, and Laura Volpe regarding Item 6.1, Planning and Development Department Report, PL 71-21.

That the proclamation for Durham Region Hospice Awareness Day be endorsed.

1. That Report PL 71-21 be endorsed as the Town’s comments on the Region of Durham’s Land Needs Assessment Technical Reports (Region of Durham File: D12-01) save and except that CNR-06, as identified in the Employment Strategy Technical Report by Watson and Associates and Urban Strategies Inc., be recommended for land conversion; 2. That the Town of Whitby recommends that the overall housing mix for new development in Durham Region be based on the projections developed by Hemson Consulting as the basis of the growth plan projections to 2051; and, 3. That the Clerk forward a copy of Report PL 71-21 to the Durham Region Planning and Economic Development Department and the Durham area municipalities.

1. That Council approve the application for a Draft Plan of Condominium (CW-2021-04), subject to the comments included in Planning Report PL 68-21 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.

Page 9 of 31 Regular Council Minutes November 29, 2021 - 7:00 PM 1. That Council approve the Draft Plan of Subdivision (File Number: SW-2020-05), subject to the comments included in Planning Report PL 69-21 and the conditions of draft plan 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 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 an amendment to Zoning By-law # 1784, (File Number: Z-10-20) as outlined in Planning Report PL 69-21; and, 6. That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council.

1. That Council approve the Site Plan for a Rogers telecommunication tower at 3500 Brock Street North (Application SP-21-19), subject to the conditions of approval set out in Attachment #10 of Planning Report PL 70-21; and, 2. That the proponent and property owner enter into a Letter of Undertaking with the Town.

1. That Council approve the Draft Plan of Subdivision (File Number: SW-2020-04) subject to the comments included in Planning Report PL 73-21 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 Number: Z-09-20), as outlined in Planning Report PL 73-21; and, 7. That a by-law to amend Zoning By-law 1784 be brought forward for consideration by Council.

That the main motion be amended by adding the following as Item 3. 3. That Interim Control By-laws # 7699-20 and # 7700-20 not be extended beyond the December 7, 2021 expiry date.

That the main motion be divided to consider Item 3 as separate from Items 1 and 2.

1. That the “Whitby Mature Neighbourhoods Options Report” (September 2021)” be received for information; and, 2. That Staff be directed to proceed with Phase 3 of the Mature Neighbourhoods Study to provide Council with recommendations on the options to amend the relevant planning regulations and guidelines through the Planning and Design Recommendations Report.

3. That Interim Control By-laws # 7699-20 and # 7700-20 not be extended beyond the December 7, 2021 expiry date.

1. That Report CAO 27-21 be received for information; 2. That the Town enter into a one year Memorandum of Understanding with the Ontario Musician’s Co-Operative Inc. (operating as the Canadian Musicians Co-operative) effective January 1, 2022 to January 1, 2023; and, 3. That Council provide an exemption to the Public Nuisance By-law # 6714-13 for the duration of the Memorandum of Understanding with respect to the ability for Canadian Musicians Co-operative Performers to be able to receive a voluntary gratuity as part of the program.

1. That Council approve the Lease Renewal Agreement between the Town of Whitby and the Okanagan Hockey Group for the meeting space in the upper mezzanine of Iroquois Park Sports Page 14 of 31 Regular Council Minutes November 29, 2021 - 7:00 PM Centre and the addition of the exclusive use of Suite A on Pad 1 from August 2021 to July 31, 2024, (the “Lease Agreement”); and, 2. That the Mayor and Clerk be authorized to execute the Lease Agreement and Sign any other related and necessary documents to the Lease Agreement.

1. That Staff Report CLK 11-21 be received for information; and, 2. That the Clerk be directed to bring forward the draft by-law appended to this Staff Report as Attachment 1 to amend Procedure By-law # 7462-18 in order to permit ongoing electronic participation at Committee and Council meetings by Members of the Public.

Whereas according to section 75 of the Highway Traffic Act (HTA), every motor vehicle shall be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and excessive smoke, and no person shall use a muffler cut-out, straight exhaust, gutted muffler, Hollywood muffler, by-pass or similar device upon a motor vehicle; and, Whereas the act of modifying the exhaust system of a motor vehicle is not currently an offence under the HTA, and as a result muffler and Page 15 of 31 Regular Council Minutes November 29, 2021 - 7:00 PM auto-body shops continue to provide such services to individuals who choose to modify their vehicles which could negatively impact the safety of the vehicle; and, Whereas Durham Regional Police Service has been actively laying charges pursuant to section 75 of the HTA against motor vehicle operators whose vehicles make excessive or unusual noise or produce excessive smoke from muffler systems that have been modified; and, Whereas Council continues to receive negative feedback about an increase in noise due to modified vehicles on Regional and local roads; and, Whereas on October 28, 2019, the Province of Ontario introduced Bill 132, Better for People, Smarter for Business Act, 2019 which in part sought to amend the HTA to include a new section 75.1 that will make it an offence to tamper with motor vehicles by (a) removing, bypassing, defeating or rendering inoperative all or part of a motor vehicle's emissio

Whereas Automated Speed Enforcement (ASE) is an automated system that uses cameras and speed measurement devices to help improve safety, enforce speed limits and reduce collisions; and, Whereas on December 2, 2019, the Province of Ontario passed regulations to allow municipalities to operate an ASE program; and, Whereas the Region of Durham currently operates an ASE program on Regional Roads in designated School Safety Zones and Community Safety Zones within the Town of Whitby in support of Durham Vision Zero; and, Whereas Council has a stated goal of making streets and neighbourhoods safer through innovative and best-practice design standards and traffic calming measures that reduce traffic speeds. Now therefore be it resolved: That staff report to Council on the feasibility and cost of adopting an Automated Speed Enforcement program on Town Roads in School Safety Zones and Community Safety Zones.

1. That the Memorandum from A. Gratton, Manager of Enforcement Services, dated October 29, 2021 regarding a request for an exemption to Fence By-law # 4394-99 at 37 Headlands Crescent be received for information; and, 2. That the Commissioner of Legal and Enforcement Services be delegated the authority to approve the Fence By-law exemption request subject to no objections being received from the adjacent property owners.

That the proclamations for 2022 as outlined in the Memorandum from K. Evans, Staff Liaison, Whitby Diversity and Inclusion Advisory Committee (DIAC), dated November 4, 2021, be endorsed.

Page 19 of 31 Regular Council Minutes November 29, 2021 - 7:00 PM 1. That Community Services Department Report CMS 19-21 be received as information; 2. That the Unnamed West Whitby Park be named the Des Newman Whit-BEE District Park in response to suggestions from the 520 participants who completed the community engagement survey on a park name; 3. That staff be directed to review the Municipal Property and Facility Naming Policy (MS 250) and report back with any recommended revisions to update the policy; and, 4. That MD 5672 and MD 5899 be removed from the General Government New and Unfinished Business Listing.

1. That Community Services Department Report CMS 21-21 be received as information; and, 2. That one (1) temporary Capital Projects Supervisor (Asset Management) be hired, on a three (3) year contract at a cost of $435,000, funded from the Whitby Sports Complex (WSC) construction capital project, capital project #71201033.

1. That Council approve the following temporary signalization and permanent traffic signal projects to be included in the 2022 budget and 10-year capital forecast, considering the Region’s Page 20 of 31 Regular Council Minutes November 29, 2021 - 7:00 PM requirements for unwarranted traffic control signals, funded by the Growth Reserve Fund: a. Baldwin Street at Canary Street in the amount of $200,000 in 2022 (temporary signal) and $175,000 in 2025 (permanent signal); b. Thickson Road at Glengowan Street in the amount of $200,000 in 2022 (temporary) and $175,000 between 2026 and 2030 (permanent); and, c. Rossland Road at Overlord Street/Doulton Gate or the Hydro Electric Power Corridor (HEPC) in the amount of $175,000 in 2022 (permanent). 2. That Council approve a pedestrian crossing, considering the Region’s requirements for unwarranted traffic control signals funded by the Growth Reserve Fund for Manning Road in the vicinity of the Hydro Electric Power Corridor (HEPC) Trail for $205,500 in 2022; 3. That the on-going operating and maintenance costs related to the temporary signals that do not meet the warrant threshold, in the annual amount of $32,000 be included in the 2022 operating budget as a program change; 4. That Council approve a pedestrian crossing, funded by the Development Charges Roads & Related – Town-wide Reserve Fund for Dryden Boulevard at the HEPC Trail for $275,000 in 2022; and, 5. That Council direct staff to develop a process to consider additional inters

1. That report PW 35-21 OPS be received for information; 2. That Council direct the Clerk to bring forward a by-law to repeal and replace By-law # 5795-06 being the Solid Waste Management By-law, substantially in the form of the draft Waste Collection By-law appended as Attachment # 1 to this report; and, Page 21 of 31 Regular Council Minutes November 29, 2021 - 7:00 PM 3. That Staff report to Council on townhouses, multi-residential and other properties that are not currently serviced for waste collection by the Town of Whitby and report on the feasibility and cost implications of including these properties in the Town's waste collection service to ensure that there are no gaps with respect to the implementation of upcoming extended producer responsibility legislation from the Province of Ontario.

1. That Council approve the proposed amendment to Traffic By-law 1862-85, to incorporate changes to Schedule “N” of the By-law, as identified in Attachment # 3; and, 2. That a by-law to amend By-law # 1862-85 be brought forward for the consideration of Council.

That the draft Unauthorized Area Parking By-law, appended to this Report as Attachment 1, be brought forward for Council consideration.

That the Clerk be directed to bring forward a by-law to amend the Public Nuisance By-law to include provisions to regulate the nuisance feeding of wildlife as identified in Section 4 of Report LS 19-21.

1. That Report CAO 29-21 be received as information; and, 2. That the Clerk forward a copy of Staff Report CAO 29-21 to the Region of Durham’s Planning and Economic Development Department, the Whitby Chamber of Commerce, 1855 Whitby, and the Downtown Whitby Business Improvement Area.

1. That Report CAO 30-21 be received for information; and, 2. That the 2022 to 2026 Economic Development Strategy be endorsed by Council.

That Council approve entering into a one (1) year sponsorship agreement effective January 1, 2022 with CUPE 53 Whitby for a Naming Rights Sponsorship at Iroquois Park Sports Centre (IPSC), including renaming Arena 5 to “CUPE 53 Whitby Arena 5”, based on the sponsorship package and other terms and conditions identified in Report CAO 31-21.

1. That Council receive CAO 32-21 Corporate Information and Digital Strategic Plan (CITDSP) for information; 2. That Council endorse the Corporate Information Technology and Digital Strategic Plan (CITDSP); 3. That, notwithstanding the Purchasing Policy, to achieve the timely transformation of digital services through the redesign of business processes and the consolidation and standardization of the technology platform, the CAO and Commissioner of Finance be authorized to enter into ancillary agreements to expedite the completion of the CITDSP initiatives for the purchase of goods, services, and solutions that normally would require Council approval to award, as long as these initiatives are within the approved budget; and, 4. That technology standardization and strategic external partnerships be reported annually to Council. Page 24 of 31 Regular Council Minutes November 29, 2021 - 7:00 PM

That report FS 49-21 regarding the 2021 Year End Projection as at June 30th be received as information.

That Staff review the provisions regulating hedges in the Property Standards By-law and report to Council by the end of Q1 2022 including considering the merit of amendments to eliminate hedge height maximums, except in instances where there are sightline concerns.

That Staff review the provisions regulating the control of pests and vermin on properties in the Property Standards By-law and report to Council by the end of Q1 2022 with suggested amendments that incorporate best practices of Durham area municipalities for management of pests and vermin. Page 25 of 31 Regular Council Minutes November 29, 2021 - 7:00 PM

Whereas participatory budgeting is a method of democratic decision- making whereby participants engage in deliberation regarding how public resources ought to be allocated and distributed; and Whereas participatory budgeting has been viewed as a progressive urban practice that engages citizens and fosters democracy, equity and community; and Whereas the City of Toronto conducted a participatory budgeting pilot from 2015-2017 and found most that residents and City staff felt that the participatory budget process was a good way to hear about local priorities and make decisions about certain types of projects; and Whereas Canadian cities are developing approaches through the use of participatory budgeting that can influence other government bodies, shift the discourse on public spending, and build solidarity within and between cities. Now therefore be it resolved: That the Town of Whitby staff report back on a participatory budget pilot project in 2022 to be implemented in the 2023 budget process.

Page 26 of 31 Regular Council Minutes November 29, 2021 - 7:00 PM That the Clerk be directed to bring forward a by-law to amend the Procedure By-law to allow Members of Council to participate virtually in Council and Committee of the Whole meetings on a permanent basis if they are unwell in consideration of public health best practices or are physically unable to attend in-person due to injury or other health consideration.

1. That Report CAO 26-21, be received as information; 2. That the remaining balance of the Downtown Whitby CIP - Façade Improvement Grant, in the amount of $113,838 be transferred to a new capital project for the same purpose, (capital project 55227405 - Downtown Whitby Maintenance and Improvement Grant Programs); 3. That Council approve the recommended amendments to deactivate the following programs of the Downtown Whitby Page 27 of 31 Regular Council Minutes November 29, 2021 - 7:00 PM Community Improvement Plan (CIP) – Development Charge Full Exemption for Retail Commercial and Office Expansion Development; Development Charge Partial Exemption for New Office Development; and Cash-in-Lieu of Parking Program and transfer the remaining funds of $98,010 to the Development Charge Partial Exemption for High-Density Residential and Residential Mixed-Use Development; 4. That Council continue offering the Development Charge Partial Exemption for High Density Residential and Residential Mixed Use Development; Tax Increment Equivalent Grant Program; and Maintenance and Improvement Grant Programs (Façade Improvement Grant Program; Interior Heritage Building Grant Program; Sign Grant Program; and Design Grant Program) of the Downtown Whitby Community Improvement Plan; 5. That the existing annual Façade Grant Reserve contribution of $75,000 be re-allocated - $45,000 to the Downtown Whitby Maintenance and Improvement Grant Programs (capital project 55227405) and $30,000 to the Downtown B

That report CAO-28-21 Organizational Culture at the Town of Whitby be received for information.

That leave be granted to introduce By-laws # 7809-21 to # 7818-21 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 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 November 29, 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 the main motion be amended by adding the following as Item 3. 3. That Interim Control By-laws # 7699-20 and # 7700-20 be amended to be in effect for a period of one year and six months until June 6, 2022, and that Council consider amendment by-laws to implement this change under the by-laws portion of the agenda. Note: This motion was not seconded and as such, it was not considered by Council. Moved By Councillor Roy Seconded By Councillor Mulcahy That the main motion be amended by adding the following as Item 3. 3. That Interim Control By-laws # 7699-20 and # 7700-20 not be extended beyond the December 7, 2021 expiry date.

That the Memorandum from C. Harris, Town Clerk dated November 8, 2021 on behalf of the Accessibility Advisory Committee regarding the Corporate Statement of Commitment regarding Accessibility be received for information; and, 2. That in accordance with subsection 3.(2) of Ontario Regulation 191/11 and the Accessibility for Ontarians with Disabilities Act, 2005, the Town’s statement of organizational commitment related to meeting the accessibility needs of persons with disabilities be revised to read as follows: The Town of Whitby is committed to: a. Ensuring that decisions, actions and planning for the community apply the principles of dignity, equal opportunity, independence and integration; b. Identifying, removing and preventing barriers to our programs, services and facilities; and, c. Providing an inclusive community in which employees, residents and visitors have equitable access for all ages, abilities and circumstances. The Town strives to deliver an inclusive and welcoming environment for all community members and visitors; and, 3. That the Clerk be delegated the authority to revise Town policies and procedures which reference the statement of organizational commitment.