Regular Council Meeting

That the Regular Council minutes October 4, 2021 and the Special Council minutes of October 4, October 18 (5:30 p.m.), October 18 (Immediately following the Committee of the Whole meeting), and October 25, 2021 be adopted.

That the proclamations for Take Our Kids to Work Day, Transgender Day of Remembrance, Crohn's and Colitis Awareness Month, and Salvation Army Week and the flag raisings for Transgender Day of Remembrance and Salvation Army Week be endorsed.

Regular Council Minutes November 01, 2021 - 7:00 PM That Council approve the request for a variance to the Town of Whitby Permanent Sign By-law # 7379-18 for Tim Hortons located at 1208 Dundas Street East.

1. That Planning Report PL 56-21 be received as information; and, 2. That the Clerk forward a copy of Planning and Development Report PL 56-21 to the Region of Durham, Planning and Economic Development Department.

That Council approve an amendment to Zoning By-law # 1784 (File Number: Z-05-21) for the subject land, and that a by-law to amend Zoning By-law # 1784, as amended, be brought forward for Council's consideration.

1. That Report PL 58-21 be endorsed as the Town's comments on the Region of Durham's Proposed Regional Official Plan Amendment - Policies and Delineations for Protected Major Transit Station Areas (Region of Durham File: OPA 2021 - 003); and, 2. That the Clerk forward a copy of Report PL 58-21 to the Durham Region Planning and Economic Development Department and the Durham area municipalities.

1. That Council approve Official Plan Amendment Number 123 to the Whitby Official Plan (OPA-2021-W/02), as shown on Attachment #1, and that a By-law to adopt Official Plan Amendment Number 123 be brought forward for consideration by Council; 2. That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision; and, 3. That the Clerk forward a copy of the Planning Report PL 59-21, two (2) copies of the adopted Amendment, and a copy of the by- law to adopt Amendment Number 123 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development.

That consideration of the request for an exemption to Town of Whitby Interim Control By-law # 7700-20 for the proposed development referenced in Report PL 60-21 at the northwest corner of Garden Street and Manning Road be

1. That Council approve the request for an exemption from Town of Whitby Interim Control Bylaw # 7699-20 for the property at 40 Jeanne Court.

That the application to demolish the existing dwelling at 20 Cassels Road East, designated under Part V of the Ontario Heritage Act (HP-20- 21), be denied in accordance with Section 42 of the Ontario Heritage Act.

1. That Council approve the proposed locations of Peel Park and Brooklin Memorial Park to construct outdoor natural ice skating areas; 2. That Community Services and Public Works Operations staff be authorized to proceed with the construction of the outdoor natural ice skating surfaces as a pilot program for 2021/2022; 3. That the cost of the pilot project be funded from sponsorship revenues, if available, and a draw of up-to $52,500 from the Long Term Finance reserve; 4. That staff report back on the pilot program with recommendations and budget implications of establishing outdoor natural skating as a new service level for the Town following the pilot program; 5. That staff be directed to explore Whitby Sports Complex, Cullen Central Park, Victoria Waterfront Park and Brooklin Memorial Park as locations for a future outdoor artificial ice facility and report back to Council with a recommended location, costs and timing for the development of the artificial outdoor ice facility; and, 6. That Council Resolution MD-5671 be removed from the new and unfinished business list.

Regular Council Minutes November 01, 2021 - 7:00 PM Whereas activities related to organized sports such as close contact, forceful exhalation, prolonged exposure, crowded indoor spaces and removal of masks/face coverings during physical activity enhance the likelihood of COVID-19 transmission; and, Whereas the current Provincial Regulations do not require participants in organized sports ages 12 to 17 to provide proof of vaccination or proof of medical exemption, despite this age group being eligible for COVID-19 vaccinations; and, Whereas the current Provincial Regulations do not require proof of vaccination or proof of medical exemption for any participant in organized sports serving in the capacity of a volunteer, coach, or official, including adults over the age of 18; and, Whereas the Provincial Chief Medical Officer of Health has encouraged individual sports organizations, such as minor hockey associations, to develop their own policies requiring proof of vaccination of players, coaches, trainers, referees, and other participants; and, Whereas the Regional Medical Officer of Health has recommend that sports and recreational fitness facilities consider developing their own policies requiring proof of vaccination for all participants in organized sports ages 12 and older including players, coaches, officials, and volunteers; and, Whereas requiring proof of vaccination for all individuals ages 12 and older in sports and recreational fitness facilities will strengthen prote

Whereas according to the most recent Canada census data 52% of the population of Whitby are women; and, Whereas the government of Ontario has taken a leadership position and recently announced a province-wide initiative to provide free menstrual products to every secondary school in Ontario; and, Whereas “Period Poverty” where girls do not have access or the resources for menstrual products exists in our community, and this can interfere with their ability to take part in sports and or activities; and, Whereas menstrual products are a necessity, not a luxury; and, Whereas access to free high-quality products is fundamentally a human rights issue and crucial to the health, well being and success of women who don’t have access to these products; and, Whereas women’s menstrual products are not currently freely available in all public Town operated facilities, and, Whereas the lack of feminine hygiene products has been identified as a barrier to access for some women and girls. Therefore be it resolved: 1. That staff investigate the possibility and cost of adding free menstrual products to all public Town facilities and add this as a decision item for the 2022 Town budget; 2. That the Clerk be directed to send a copy of this resolution to Durham Region M.P.P.s and all Durham municipalities; and, Regular Council Minutes November 01, 2021 - 7:00 PM 3. That staff be directed to investigate options to support vulnerable populations by donating free menstrual products to local food ba

Whereas noise complaints from Whitby residents relating to aircraft traffic activity at the Oshawa Executive Airport are frequently received by the Mayor and Members of Council; and, Whereas aircraft traffic at the airport has increased from a 10-year average of 61,469 aircraft movements (for the 2006-2015 period) to 80,500 aircraft movements in 2020; and, Whereas the acquisition and movement of the Toronto Airways flight training school from Buttonville Airport to the airport by Canadian Flight Academy has resulted in additional aircraft movements and circuit training; and, Whereas, further to Mayor Dan Carter’s letter to the Honourable Omar Alghabra, Federal Minister of Transport, dated June 23, 2021, the two flight schools operating from the airport have declined to provide any further reductions in aircraft activity or hours of operation; and, Whereas residential areas surrounding the airport have grown significantly since the City of Oshawa took control of the facility in 1947; and, Whereas intensification of residential areas near the airport will continue as a result of Provincial legislation including Provincial Policy Statement (2020) and the Provincial Growth Plan for the Greater Golden Horseshoe; and, Whereas the approach/departure flight paths for both runways at the airport result in air traffic flying over homes in Whitby with runway 05/23 resulting in air traffic over a densely populated residential community; Regular Council Minutes November 01, 2021 - 7:00 PM

That the Whitby 55+ Recreation Advisory Committee member elections for 2022 be delayed and that the term of the existing Committee be extended for one (1) year.

1. That Report 34-21, providing a status update on the Highway 7/12 Alternate Route Environmental Assessment (EA) Study, be received for information; 2. That Council direct the EA Study Team to provide enhanced consultation to Agency, Indigenous Peoples, and Stakeholders on the updated technical preferred corridor alignment, Alternative Regular Council Minutes November 01, 2021 - 7:00 PM B-R, prior to proceeding to Community Open House 4 to present the recommended alignment in early 2022; 3. That Council approve the additional expenditure of $80,000, bringing the project to a total of $1,269,305, to BT Engineering to accommodate the recommended additional consultation and reporting; and, 4. That Staff and the EA Study Team be directed to review the Thickson Road option based on the planned future 4/5 lane Regional design against the weighting of the preferred option, and following consultation with the Region of Durham, MTO, and MECP and a review of defensibility, report to Council with respect to next steps and the financial impact of pursuing the Mid-Block and Thickson Road as an alternative for the Highway 7/12 route.

That Item 4 of the main motion be amended to read as follows: 4. That Staff and the EA Study Team be directed to review the Thickson Road option based on the planned future 4/5 lane Regional design terminating at the intersection of Highway 7/12 south of Brawley Road against the weighting of the preferred option, and following consultation with the Region of Durham, MTO, and MECP and a review of defensibility, report to Council with respect to next steps and the financial impact of pursuing the Mid-Block and Thickson Road as an alternative for the Highway 7/12 route.

That Items 3, 4, and 5 of the main motion be amended to read as follows: 3. That Council approve the additional expenditure of $105,000, bringing the project to a total of $1,294,305, to BT Engineering to Regular Council Minutes November 01, 2021 - 7:00 PM accommodate the recommended additional consultation and reporting; 4. That Staff and the EA Study Team be directed to review the Thickson Road option based on the planned future 4/5 lane Regional design against the weighting of the preferred option, and following consultation with the Region of Durham, MTO, and MECP and a review of defensibility, report to Council with respect to next steps and the financial impact of pursuing the Mid-Block and Thickson Road as an alternative for the Highway 7/12 route as part of the enhanced consultation; and, 5. That Council re-affirm its support for the need to select an alternate route for Highway 7/12 as necessary to gain ownership of Baldwin Street through Brooklin. Town ownership of Baldwin Street is essential to support a safe, walkable and vibrant downtown, to streamline development approvals and to ensure the health, safety and well-being of present and future Brooklin residents.

1. That Council approve the proposed amendment to the Traffic By- law #1862-85 to incorporate the changes to Schedule “B” of the By-law, as identified in Attachment Number 2; and, 2. That a by-law to amend By-law # 1862-85 be brought forward for the consideration of Council. Regular Council Minutes November 01, 2021 - 7:00 PM

1. That the Final Parking Master Plan (PMP) be adopted by Council; and, 2. That MD-4984 be removed from the New and Unfinished Business list.

1. That Tender T-52-2021 be awarded to Comfort Care Inc. in the amount of $564,000.00 (plus applicable taxes), funded from the capital project 71201016 IPSC – Air Conditioning Pad 1, for the supply and installation of an Air Conditioning Unit at Iroquois Park Sports Centre; 2. That the revised cost estimates totaling $658,063 as outlined in Table 1 of report FS 58-21, for the capital project 71201016 be approved; 3. That the budget shortfall in the amount of $58,063 be funded: a. $31,934.65 from the Growth Capital Reserve Fund; and b. $26,128.35 from the Development Charges Parks & Recreation Reserve Fund; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Report CAO 25-21 be received for information; 2. That Council endorse the Proposed Pillars/Strategic Goals of the 2022 Economic Development Strategy as presented in Report CAO 25-21, and the following more general version of the Mission and Vision as presented as an alternative in the Staff Report: a. Mission: To inspire a strong local economy and economic growth which is vibrant, sustainable, diverse and inclusive. b. Vision: The Town of Whitby will create a strong local economy through collaboration to facilitate innovation, productivity, inclusion and balanced economic growth. 3. That Council endorse the action plan as presented in Report CAO 25-21; 4. That Staff be directed to prepare a final 2022 Economic Development Strategy to be presented in November 2021; and, 5. That a contract Economic Development Officer be hired in 2022 using one-time (2022) funding from the Long Term Reserve Fund, with ongoing funding for a permanent position to be presented to Council for consideration and approval as part of the 2023 Operating Budget.

That Sections 4.3 and 4.4 of the Groveside Cemetery Board’s Terms of Reference be combined and modified to read: The Signing Officer of the Cemetery, and the Cemetery Board bank account, shall be the Chair or the Vice-Chair and Secretary/Treasurer or Town’s Treasurer.

That Council suspend the rules of procedure to allow the introduction of a motion regarding a Fireworks By-law Exemption for Diwali.

Whereas Diwali is celebrated this year on November 4th; and, Whereas the Town of Whitby provides an exemption in the Fireworks By-law to allow the use of fireworks on Canada Day and Victoria Day, and the days immediately following these holidays; and, Regular Council Minutes November 01, 2021 - 7:00 PM Whereas the Town of Whitby is a member of the Coalition of Inclusive Municipalities and strives to make polices that are against racism, discrimination, exclusion, and intolerance; and, Whereas the Town of Whitby recognizes the diversity of our community and promotes festivals that residents value; Now Therefore be it resolved: 1. That Council authorize an exemption to section 2.1 of Fireworks By-law # 6339-10 for persons discharging fireworks between dusk and 11:00 p.m. on November 4, 2021 and the day immediately following to allow fireworks to be used to celebrate Diwali; and, 2. That Staff bring forward a report to amend Fireworks By-law # 6339-10 to allow fireworks to be used for the festival of Diwali in perpetuity, and advise on any other religious or cultural celebrations where fireworks may be used to advise on the merit of eliminating the current requirement to obtain a permit.

That leave be granted to introduce By-laws # 7799-21 to # 7803-21 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 1, 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.