Regular Council Meeting

That the Regular Council Minutes of September 23, 2019, and the Special Council minutes of September 27, 2019, September 30, 2019, October 7, 2019 and October 21, 2019 be adopted.

1. That Council approve the Draft Plan of Subdivision (File SW- 2018-05) subject to the comments included in Planning Report PL 81-19 and the conditions of draft plan approval included in Attachment #11; 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 2585, Page 5 of 26 Regular Council Minutes October 28, 2019 - 7:00 PM (File Z-22-18) as outlined in Planning Report No. PL 81-19; and, 6. That a By-law to amend Zoning By-law 2585 be brought forward for consideration by Council.

1. That Council approve Official Plan Amendment Number 115 to the Whitby Official Plan (File: OPA-2019-W/01), as shown on Attachment #6; 2. That a By-law to adopt Official Plan Amendment Number 115 be brought forward for consideration by Council; 3. That Council approve an amendment to Zoning By-law No. 2585 (File #Z-04-19) as outlined in Report PL 83-19; 4. That a By-law to amend Zoning By-law 2585 be brought forward at such time as issues related to parking have been addressed to the satisfaction of the Public Works Department; and, 5. That the Clerk forward a copy of Planning Report No. PL 83-19, two (2) copies of the adopted Amendment, and a copy of the By- law to adopt Amendment Number 115 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development.

That Council approve a variance to the Town of Whitby Permanent Sign By-law 7379-18 for Whitby Garden Plaza Development Inc. (McDonald’s) at 220 Taunton Road East, to permit four electronic signs.

1. That Council approve the renewal of an agreement with the Page 7 of 26 Regular Council Minutes October 28, 2019 - 7:00 PM Regional Municipality of Durham to delegate responsibilities under the Building Code Act with respect to private sewage systems with capacity of less than 10,000 litres per day; and, 2. That the Mayor and Clerk be authorized to execute the agreement on behalf of the Town of Whitby.

That Council authorize staff to issue a Request for Proposal (RFP) in accordance with the Terms of Reference for the Downtown Whitby Secondary Plan Update, as shown on Attachment #1 to this report, and to select a qualified and preferred consultant within the allocated funds of the approved capital budget.

1. That the property municipally known as 500 Dundas Street East be removed from the Town’s Municipal Heritage Register; 2. That a Heritage Documentation Report be prepared prior to Page 8 of 26 Regular Council Minutes October 28, 2019 - 7:00 PM demolition and submitted to the Town to be deposited at the Whitby Archives; and, 3. That the final detailed design and wording for the commemoration element be reviewed by the Heritage Whitby Advisory Committee.

That Staff report back on the issue of closing Colborne Street between Brock and Green Streets simultaneously with the occupancy of the new Brookfield development to create a pedestrian friendly space.

That Report CAO 26-19, Downtown Whitby Action Plan October 2019 Update, be received as information.

1. That Council receive this report as information related to the uptake of the Downtown Whitby Community Improvement Plan; 2. That Council approve the recommended administrative changes to Appendix C Implementation Guidelines to the Downtown Whitby Community Improvement Plan as outlined in Attachment #4; 3. In accordance with the approach outlined in Section 4.4 of this report to reallocate funding towards projects in the Downtown Whitby Historic Priority Area, that staff be directed to transfer the remaining available funds from the Community Improvement Plan Cash-in-Lieu of Parking incentive program ($217,500) and partial funds from the Tax Increment Equivalent Grant incentive program ($250,000), Façade Improvement Grant incentive program ($100,000) and the Brooklin Community Improvement Plan ($100,000) to the Development Charge High Density Residential and Residential Mixed Use Development Program for the Historic Downtown Whitby Priority Area for a total of $667,500; 4. That Staff be directed to report back on opportunities to allocate funding to Downtown Brooklin beautification in the 2020 budget given the reduction in CIP funding for Brooklin; and, 5. That Staff be directed to allocate $1M from closing adjustments related to the merger of Whitby Hydro and Veridian Hydro into Downtown Whitby improvement projects with: $500,000 allocated towards the Downtown Whitby Community Improvement Plan Development Charge High Density Residential and Residential Mixed Use Developmen

Whereas construction activities involving the grinding, cutting, or breaking of materials such as brick, concrete, and tile create dust that can impact the health and well-being of nearby residents; and, Whereas the Ministry of Labour has recognized that repeated unprotected exposure to dust in construction areas can create acute health issues for workers; and, Whereas dust mitigation measures such as wetting the construction material, using a wet saw, using dustless saw technology, tarping or otherwise containing the source of dust, installing wind fencing or a fence filter, or using a vacuum attachment when cutting can reduce the amount of dust created during construction activities; Now Therefore be it Resolved: That Council direct staff to report back by Q2 2020 on by-law provisions or a standalone by-law to regulate and mitigate the impact of dust from construction activities.

That Council endorse Whitby’s inclusion as a signatory to the 2019 Inter-Governmental Declaration on Clean Air and Climate Change.

1. That Report CAO 29-19 regarding the proposed bronze sculpture of Sir William Stephenson be received; 2. That Council endorse the proposed location at Celebration Square as outlined in the staff report CAO 29-19; 3. That funding for the installation of the art piece be

1. That Council approve the Whitby 55+ Recreation Strategy (2019 – 2023) and the recommendations contained within; 2. That Council direct Staff to proceed with the implementation of the recommendations outlined; and, 3. That Council approve updating the name of Whitby Seniors’ Services to Whitby 55+ Recreation Services and approve the renaming of the Whitby Seniors’ Activity Centre to the Whitby 55+ Recreation Centre.

1. That Council receive report CMS 27-19 as information; 2. That Council approve the capital project expenditures as outlined in Attachment 1; and, 3. That the Treasurer be authorized to draw on reserve/reserve funds as required to address the budget overage.

1. That Council approve the updated Annual Capital Budget and Capital Forecast Policy F 150 included in Attachment 1 of this report; 2. That Council approve the updated Capital Budget Management and Control Policy F170, as attached to the memorandum from the Commissioner of Corporate Services/Treasurer dated October 23, 2019; 3. That Council approve the updated Operating Budget Process Policy F140 included in Attachment 3 of this report; and, 4. That Council approve the updated Operating Budget Monitoring Policy F180 included in Attachment 4 of this report.

1. That the Town of Whitby accept the low bid as submitted by Teknion Limited in the amount of $264,478.00 (plus applicable taxes) for supply, delivery, installation and supervision of furniture and accessories for the Operations Centre Phase 1 Expansion project, as required by the Town of Whitby; and, 2. That the total project cost including contingency of $300,000.00 be approved.

1. That the Town of Whitby accept the highest ranking proposal submitted by Miller Waste Systems Inc. for the provision of curbside waste and organics collection in West Whitby for a five (5) year term; 2. That the total estimated 5 year contract amount of $1,020,000 be approved; 3. That as needed services will be subject to annual budget considerations; 4. That approval be granted to extend this contract for up to two (2) additional one (1) year terms based on satisfactory performance and continued budget approval; and, 5. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Report PW 4-19 be received as information regarding the need for parking restrictions related to cycling infrastructure in key corridors; 2. That Council approve the proposed amendment to the Traffic By- Law 1862-85 to incorporate the following changes to Schedule “B” where streets having cycling infrastructure do not have strong parking demand: b. Parking restrictions on the north and south side of Bonacord Avenue; c. Parking restrictions on the north and south sides of Dryden Boulevard between Anderson Street and Thickson Road; and, 3. That where proposed cycling infrastructure will significantly impact on street parking, Staff be directed to review and report to Council on opportunities for contra flow cycling lanes on one side of the road; 4. That subject to Council receiving the report from Staff per Item 3, that staff engage in public consultation with residents of the following streets to provide them with the Town’s recommendation and rationale to implement no parking and then report back to Council in December 2019 with recommended traffic bylaw changes: a. Residents on the east and west sides of Civic Centre Drive between Rossland Road and Kenneth Hobbs Avenue; b. Residents on the east and west sides of Cochrane Street between Rossland Road and its north limit; c. Residents on the east and west sides of Hickory Street between Dunlop Street and Mary Street; and d. Residents on the east and west side of McQuay Boulevard. Page 15 of 26 Regular Council Minutes O

1. That the Clerk circulate Report PW 29-19 to the Region of Durham; 2. That the Town formalize an agreement with the Region of Durham regarding road rationalization/transfer of the following road segments effective May 1, 2020: a. Rossland Road between Lake Ridge Road and Cochrane Street; b. Cochrane Street between Dundas Street and Rossland Road excluding the limits of the rail bridge; and, c. Henry Street between Victoria Street and Dundas Street. 3. That staff be authorized to continue discussions with respect to road rationalization/transfer of additional road segments; and, 4. That NUB MD-2764 be removed from the New and Unfinished Business register.

1. That Report PW 30-19 be received as information; 2. That the recommended segments of trails identified within Report PW 30-19 be added to the Town’s winter maintenance program starting in the upcoming winter season; 3. That staff report back after the 2019/2020 winter season on further expansion opportunities and budgetary impacts; and, 4. That NUB MD-4827 be removed from the New and Unfinished Business register.

1. That Report CLK 14-19 be received for information; 2. That the proposed Fees and Charges for the Office of the Town Clerk, Fire and Emergency Services Department, Legal and Enforcement Services Department, and Corporate Services Department outlined in this report and appended as Attachments 1, 2, 3, and 4 be approved; and, 3. That the Clerk be directed to bring forward a by-law to amend the Fees and Charges By-law #7220-17 to give effect to the proposed changes contained in Report CLK 14-19.

That the motion regarding the election of Regional Councillors by ward be

1. That Staff be directed to report back after the Regional Government Review on the process required 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 (providing the Regional Review results in Council remaining status quo through the province); 2. That Staff provide information on how Regional Councillors are elected in other GTA municipalities, considerations associated with changing their election from at-large to by ward, and impacts on the administration and conduct of the 2022 election; and, 3. That should the Provincial Regional Review result in a different direction of Council set-up, staff are to report back on the reorganization of Council based on population and best practices of other GTA municipalities.

Whereas in June 2019 the Government of Canada announced the ban of single-use plastics that cause harm by 2021 and efforts to develop consistent Extended Producer Responsibility (EPR) programs across Page 19 of 26 Regular Council Minutes October 28, 2019 - 7:00 PM Canada; Whereas in 2016 the Province of Ontario promulgated the Resource Recovery and Circular Economy Act (RRCEA); Whereas the RRCEA contains provisions to require the producers of packaging to reduce the generation of plastic waste, promote better types of plastics, encourage the use of more sustainable alternatives to single-use plastics and to ban the use of unnecessary plastic packaging; Whereas in fall of 2019 the Minister of MECP instructed both SO and RPRA to move towards wind down the Blue Box Program Plan for a full EPR program, to be implemented staring January 1, 2023; Whereas the Province is engaging AMO, municipalities, producers and other stakeholders, in a consultation process to finalize the new Blue Box EPR regulation by summer of 2020; and, Whereas Council, at its September 23, 2019 Council meeting, requested Staff to report back with a phased in plan to ban single use plastics in Q1 2020, which will include an evaluation of the use of single-use plastics in Town of Whitby facilities and Town sponsored community events, and the legal standing of the Town to impose such a ban on businesses. Therefore, be it resolved that Council of Town of Whitby directs staff to: 1. Work in collaboration with the

1. That Staff report on including the 23.5 kilometers of trails that are currently available to have winter maintenance as a decision item as part of the 2020 budget process; and, 2. That Staff report in Q4 2020 on the cost and timing to include the additional 36 kilometers of trails for winter maintenance that are not currently available to have winter maintenance due to infrastructure related impediments.

Whereas VON Durham has requested space to hold bereavement groups and/or one-to-one bereavement support for those clients facing barriers to access across Durham; Whereas the Town’s Community Use of Town Facilities Policy provides that Whitby based not-for-profit groups may use Town meeting space to meet and conduct regular business (not an event) for the organization for up to three hours per month at no cost; and, Whereas VON Durham is requesting 2.5 hours of meeting space per week; Now Therefore be it Resolved: That Staff be directed to report back on the opportunity to provide complimentary Town facility meeting space to VON Durham, per their request, as an exception to what the Policy provides. Page 21 of 26 Regular Council Minutes October 28, 2019 - 7:00 PM

That consideration of Staff Report PL 65-19 Re: Whitby Official Plan Amendment and Zoning By-Law Amendment Applications for 4560 Thickson Road North (Optilinx), be postponed to the November 25, 2019 Council Meeting.

1. That Council endorse the 2020-2022 Business Plan; 2. That Council approve, in principle, the associated forecasted financial implications as outlined in Report CAO 28-19; 3. That Council endorse the 2019-2022 Business Plan Themes; and, 4. That staff be directed to develop a process to gain Council direction regarding Council Workshop feedback for the projects for future consideration listed in Attachment 3.

That consideration of Staff Report CAO 28-19, Re: 2020-2022 Business Plan, be postponed to the November 25, 2019 Council Meeting.

That the main motion be amended to remove Item 2 and that the remaining items be renumbered accordingly.

1. That Council endorse the 2020-2022 Business Plan; 2. That Council endorse the 2019-2022 Business Plan Themes; Page 23 of 26 Regular Council Minutes October 28, 2019 - 7:00 PM and, 3. That staff be directed to develop a process to gain Council direction regarding Council Workshop feedback for the projects for future consideration listed in Attachment 3.

That leave be granted to introduce By-laws # 7561-19 to # 7568-19 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 Page 25 of 26 Regular Council Minutes October 28, 2019 - 7:00 PM Council of the Town of Whitby at its regular meeting held on October 28, 2019 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.