Regular Council Meeting

Page 2 of 36 Regular Council Minutes June 20, 2022 - 7:00 PM That the rules of procedure be suspended to allow the presentation to exceed the ten minute speaking limit.

That the proclamations for National Tree Day, National Forest Week, and Rail Safety Week be endorsed.

Page 4 of 36 Regular Council Minutes June 20, 2022 - 7:00 PM That the Memorandum from F. Wong, Commissioner of Financial Services/Treasurer and D. Speed, Head of Operations and Fire Chief, dated June 20, 2022 regarding May 21st, 2022 Storm Update be received for information.

1. That the Memorandums from P. Angelo, Director, Engineering and H. Moreno, Manager, Operations dated June 1 and June 10, 2022 regarding the Williamsburg Storm Water Management Facility Feasibility Assessment be received for information; 2. That Staff be directed to engage a third party engineering firm to an upset cost limit of $90,000 to provide an overview of the feasibility and options of redesigning the Stormwater Management Facility near Wythe Court and Redvers Street from a ‘dry’ to a ‘wet’ extended detention device to provide a greater permanent pool water depth than that of its original approved design condition in 1991; and, 3. That Staff report back to Council on the findings of the third party consultant engineering firm in September, 2022. Page 5 of 36 Regular Council Minutes June 20, 2022 - 7:00 PM

1. That Council approve the Draft Plan of Subdivision (File Number: SW-2020-07), subject to the comments included in Report PDP 36-22 and the conditions of draft plan approval included in Attachment #11; 2. That Council approve the amendment to Zoning By-law # 1784 (File Number: Z-15-20), as outlined in Report PDP 36-22; 3. That Staff be authorized to prepare a Subdivision Agreement; 4. That the Region of Durham’s Commissioner of Planning and Development be advised of Council’s decision; 5. That Williams and Stewart Associates Ltd. be appointed as the Control Architect for the Draft Plan of Subdivision; 6. That the Clerk forward a Notice to those parties and agencies that requested to be notified of Council’s decision; and, 7. That a By-law to amend Zoning By-law # 1784 be brought forward for consideration by Council.

1. That the “Whitby Mature Neighbourhoods, Recommendation Report” (January 2022) be received for information; and, 2. That Council direct staff to proceed with hosting a Public Meeting in relation to the proposed Whitby Mature Neighbourhoods Official Plan and Zoning By-law Amendments outlined in the Recommendation Report.

1. That Council approve Official Plan Amendment Number 127 to the Whitby Official Plan (OPA-2021-W/08), as shown on Attachment #10, and that a by-law to adopt Official Plan Amendment Number 127 be brought forward for consideration by Council; 2. That the Clerk forward a copy of the Report PDP 39-22, two (2) copies of the adopted Amendment, and a copy of the By-law to Adopt Amendment Number 127 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development; 3. That Council approve the Draft Plan of Subdivision (File Number: SW-2021-09), subject to the comments included in Report PDP 39-22 and the conditions of draft plan approval included in Attachment #14; 4. That Staff be authorized to prepare a Subdivision Agreement; 5. That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision, including the Region of Durham’s Commissioner of Planning and Economic Development; 6. That Council approve the Amendment to Zoning By-law # 2585, (File Number: Z-16-21), as outlined in Report PDP 39-22; and, 7. That a by-law to amend Zoning By-law # 2585 be brought forward for consideration by Council.

1. That Council approve an Amendment to Zoning By-law # 1784 (File DEV-29-21; Z-19-21) to permit the proposed affordable housing development on the subject land; and, 2. That the Zoning By-law Amendment be brought forward for consideration by Council.

1. That Rowe Channel Upgrade Study Report PDE 06-22 be received as information; Page 9 of 36 Regular Council Minutes June 20, 2022 - 7:00 PM 2. That the Final Environmental Study Report be filed in accordance with the Municipal Class EA process and be made available for agency and stakeholder review; 3. That staff advise Council if there are any significant comments or concerns following the public consultation; and, 4. That based on the recommendations of the Rowe Channel Upgrade Study, staff continue to develop the implementation plan for the recommended channel upgrade works, including the update of asset management plans and capital budgets.

1. That Council authorize the Chief Administrative Officer to execute a Mid-Block Arterial Road Works and Reimbursement Agreement between the Town of Whitby, Winash Developments Limited and NF Ashburn Brook Limited , known collectively as the Brooklin Gate Landowners Group Inc., to permit the design and construction of the Mid-Block Arterial Road from Ashburn Road to the future Garden Street extension (Phase 1 - MBA) on behalf of the Town, subject to the principles noted herein and upon terms satisfactory to the Commissioners of Planning and Development, Financial Services/Treasury and Legal and Enforcement Services/Town Solicitor; 2. That GHD Limited be awarded a sole source contract as the Owner’s Engineer for the construction of the Phase 1 - MBA work, in the amount of $224,000 plus HST, funded from capital project 40226020 Mid Arterial Roadway; 3. That the revised cost estimate for capital project 40226020 Mid Arterial Roadway, in the amount of $21,755,945, as shown in Table 1 of Report PDE 11-22, be approved; 4. That the budget shortfall in capital project 40226020 Mid Arterial Roadway, in the amount of $3,969,945, be funded from the Roads & Related Townwide Infrastructure Development Charges Reserve Fund; Page 10 of 36 Regular Council Minutes June 20, 2022 - 7:00 PM 5. That the revised cost estimate for capital project 15211001 Land Acquisition – Whitby Sports Complex, in the amount of $15,076,250, as shown in Table 2 of Report PDE 11-22 be approved; 6. That the budget

That Council authorize the Chief Administrative Officer (CAO) to execute an Agreement between the Town of Whitby and Picov Farms Inc. for land conveyance for the Mid-Block Arterial, substantially in accordance with the draft Agreement provided in Attachment 1 to Report PDE 16-22, and upon such further terms and in a form satisfactory to the Commissioners of Planning and Development and Legal and Enforcement Services/Town Solicitor.

Page 11 of 36 Regular Council Minutes June 20, 2022 - 7:00 PM 1. That Council approve the proposed amendment to the Traffic By- law #1862-85 to incorporate the changes to Schedule “N” of the By-law, as identified in Attachment 1; and, 2. That a by-law to amend By-law # 1862-85 be brought forward for the consideration of Council.

1. That Council approve the proposed amendments to the Traffic By-law # 1862-85 to incorporate the changes, as identified in Attachment 1; 2. That a by-law to amend By-law # 1862-85 be brought forward for the consideration of Council; and, 3. That Report PDE 13-22 be forwarded to the Region of Durham.

1. That Council approve an amendment to Traffic By-law # 1862-85, as identified in Attachment 1 to Report PDE 14-22 and per the Memorandum from the Director of Engineering dated June 15, 2022 for no parking restrictions on Halls Road South; and, Page 12 of 36 Regular Council Minutes June 20, 2022 - 7:00 PM 2. That a by-law to amend By-law # 1862 be brought forward for the consideration of Council.

1. That Council approve the additional expenditure of $417,000 for extending the sole source contracts to BT Engineering and $168,000 for BIT Consulting plus applicable taxes to be funded from the Capital Project No. 40160502 Environmental Assessment (EA) Study – Highway 7/12 Alternate Route; 2. That the revised total project cost of $2,008,130 detailed in PDE 15-22 to accommodate the recommended additional technical scope and reporting be approved; 3. That the additional project costs in the amount of $595,296 be funded from the Development Charges – Roads and Related Town-wide Infrastructure Reserve Fund; and, 4. That Council authorize the additional technical scope, and to proceed to Community Open House No. 4 to present the recommended alignment in early 2023.

1. That a new 2022 Capital Budget be established in the amount of $700,000 for the Harbour Street Extension and Multi-use Path, Page 13 of 36 Regular Council Minutes June 20, 2022 - 7:00 PM funded $112,547 from the Growth Reserve Fund and $587,453 from the Development Charges Roads and Related – Town-wide Infrastructure Reserve Fund; and, 2. That due to the imminent closure of Brock Street South and the related Multi-Use Path between Front Street and Water Street, Council authorize staff to work expeditiously and do all things reasonably necessary (including the execution of agreements by the Mayor and Town Clerk which contain terms satisfactory to the Commissioners of Planning and Development and Legal and Enforcement Services/Town Solicitor) to facilitate the construction of the Harbour Street Extension and Multi-Use Path.

1. That a new 2022 Capital Budget, in the amount of $2,870,000 for Columbus Road – Detailed Design, be approved and funded $430,500 from the Growth Capital Reserve Fund, and $2,439,500 from the Development Charges Roads and Related Town-wide Infrastructure Reserve Fund; 2. That the Brooklin North Landowners Group (BNLG) be authorized to proceed with the Columbus Road Design work based on a commitment that the Town intends to negotiate a reimbursement agreement for the $2,870,000 of detailed design works; 3. That Council authorize the Chief Administrative Officer and Commissioner of Planning and Development be provided delegated authority to enter into a reimbursement agreement with the BNLG for the Columbus Road Detailed Design works based on the principles outlined in Report PDE 18-22 and subject to terms satisfactory to the Commissioners of Financial Services/Treasurer and Legal and Enforcement Services/Town Solicitor; 4. That staff commence negotiations with BNLG for a future development charge credit and/or reimbursement agreement for Page 14 of 36 Regular Council Minutes June 20, 2022 - 7:00 PM the construction of Columbus Road based on the principles outlined in Report PDE 18-22; and, 5. That Bumstead Integrated Transportation Consulting be awarded a sole source contract, in the amount of $220,000 funded from project 40256047, for a period of two (2) years to provide municipal-side project management of the detail design work.

1. That Council approve the amendment to Zoning By-law # 1784, (File Number: Z-07-22) as outlined in Report PDP 42-22; and, 2. That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council.

That the Brooklin Downtown Development Steering Committee's 2021 Annual report be received for information.

That the Downtown Whitby Development Steering Committee's 2021 Annual Report be received for information.

That Report CAO 14-22 be received for information.

That Report FOS(OS) 02-22 be received as information.

1. That Tender T-583-2022 be awarded to Pipetek Infrastructure Services Inc. for the storm sewer calcite removal and maintenance works, in the amount of $102,132.80 (plus applicable taxes) to be funded from the capital projects listed in Table 2 of Report FS 42-22; 2. That the revised cost estimates totaling $113,930.33 for the storm sewer calcite removal and maintenance works as outlined in Table 1 of Report FS 42-22 be approved; 3. That approval be granted to extend this contract for two (2) additional one (1) year term(s) in the estimated annual amount of $102,132.80 (plus applicable taxes, CPI) subject to budget approval and the Contractor’s successful performance of the previous term including product quality and timely delivery; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Tender T-43-2022 be awarded to Semple Gooder Roofing Corporation for the roofing replacement works, in the amount of $1,119,876.00 (plus applicable taxes) to be funded from the capital projects listed in Table 2 of Report FS 43-22; 2. That the revised cost estimates totaling $1,204,198.60 for the roofing replacement works as outlined in Table 1 of Report FS 43-22 be approved; 3. That the budget shortfall, in the amount of $189,198.60, be funded from the Asset Management Reserve Fund; and, Page 17 of 36 Regular Council Minutes June 20, 2022 - 7:00 PM 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Tender T-34-2022 be awarded to Phoenix Restoration Inc. for the Pumphouse restoration work, in the amount of $463,200.00 (plus applicable taxes) to be funded from the capital projects listed in Table 2 of Report FS 49-22; 2. That the revised cost estimates totaling $576,595.63 for the restoration works as outlined in Table 1 of Report FS 49-22 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Tender T-28-2022 be awarded to GFL Environmental for the pickup, removal, transport, process and disposal of waste material, in the estimated annual amount of $88,000.00 (plus applicable taxes), funded annually from the operating budget; Page 18 of 36 Regular Council Minutes June 20, 2022 - 7:00 PM 2. That approval be granted to extend this contract for two (2) additional one (1) year term(s) in the estimated annual amount of $88,000.00 (plus applicable taxes and increases related to the Consumer Price Index) subject to budget approval and satisfactory vendor performance; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

That Council receive the Whitby Fire and Emergency Services’ (WFES’) 2021 Annual Report for information.

1. That Council endorse the Town’s 2022 Municipal Asset Management Plan which highlights the Community and Technical Levels of Service for the core assets (roads, bridges and structural culverts, and stormwater management assets) as attached to Report FS 31-22; 2. That Council endorse the following recommendations as highlighted in Section 6 the Town’s 2022 Municipal Asset Management Plan: a. Capture and refine existing levels of service for all other assets and propose sustainable levels of service for all service areas to be approved by Council by July 1, 2025; Page 19 of 36 Regular Council Minutes June 20, 2022 - 7:00 PM b. Assess and evaluate existing maintenance and repair activities and capture these in the Asset Management database in order to get a complete picture of future financial requirements; c. Review consequence of failure ratings regularly; d. Assess the costs of Climate Change adaptation and the associated risks to assets; and. e. Propose Climate Change adaptation and mitigation measures for all Service Areas. 3. That Staff continuously refine lifecycle treatments to ensure assets are being maintained as cost efficiently as possible.

1. That Report FS 40-22 be received for information; 2. That the accounting adjustments of $216,600, funded by the sources detailed in Table 2 of Report FS 40-22 be approved; 3. That the capital budget and funding increases totaling $8,252,695 for the White Bridge and Des Newman – Environmental projects outlined in Table 4 of Report FS 40-22 be approved; and, 4. That the Clerk be directed to update the Capital Budget Management and Control Policy, F 170, by adding a subsection 5.11 to the Policy as follows: 5.11 That the Treasurer be authorized to open previously closed capital projects for the purpose of necessary accounting adjustments and to fund the adjustments from the original funding source(s).

That Report FS 44-22 regarding Annual Insured Claims be received as information.

That the 2023 Budget Process, Communication and Public Engagement Plan and Budget Calendar outlined in Report FS 45-22 be approved.

1. That the Treasurer and the Chief Administrative Officer (“CAO”) be provided the following delegated authority during any Council Election Recess (period of time from the last Regular Council meeting before Election Day in an election year until after the Inaugural Council meeting) or any Lame Duck Council period (the Restricted Acts period in accordance with Section 275 of the Municipal Act): a. Award of procurements that, in accordance with the Town’s Purchasing Policy, normally require Council Page 21 of 36 Regular Council Minutes June 20, 2022 - 7:00 PM approval prior to award subject to the award not exceeding 10% of the budget; and, b. Approve budget/funding and award of procurements related to unplanned initiatives/expenditures to an upset amount of $350,000 per project; 2. That the Clerk be directed to update the Acquisition, Sale or Other Disposition of Land Policy, F 190, to include definitions for the Council Summer Recess, Council Election Recess, and Lame Duck Council period as outlined in Report FS 46-22; 3. That the Clerk be directed to update the Acquisition, Sale or Other Disposition of Land Policy, F 190, to grant delegated authority to the CAO for land matters related to infrastructure projects during certain time periods by adding a subsection 5.1.8 to the Policy as follows: 5.1.8 During any Council Summer Recess, Council Election Recess, or Lame Duck Council Period, any Acquisition or Disposition of Land, or the granting or taking the benefit of an Ease

1. That Sub-section 4.2 of the Development Charge Interest Policy F 430 be replaced with the following to allow for a different interest rate for interest calculated under Section 26.1 and Section 26.2 of the Development Charges Act, 1997, S.O. 1997, c.27: 4.2 Notwithstanding clause 4.1, on a case by case basis, Council could direct a different interest rate (if applicable) for Page 22 of 36 Regular Council Minutes June 20, 2022 - 7:00 PM applicable interest calculated under either Section 3.2 or 3.4, or both, for the following types of development: • A non-profit housing development; • A long-term care home owned by a charitable organization or a non-profit organization as approved under the Income Tax Act; or • A hospice. 2. That, in support of Otter Creek Co-operative Homes’ request for financial assistance, an interest rate of 0% be used for the Otter Creek Co-operative Homes proposed development on McQuay Boulevard (File Number: DEV-29-21) in the calculation of interest in accordance with the revised Subsection 4.2 of the Development Charge Interest Policy F 430.

That Council approve entering into a three (3) year sponsorship agreement effective August 1, 2022 with Thermo Fisher Scientific for a Naming Rights Sponsorship at McKinney Centre, including renaming Arena 2 to “Thermo Fisher Scientific Arena 2”, based on the sponsorship package and other terms and conditions identified in Report CAO 15-22.

1. That Council receive for information the recommended Accessible Signage and Wayfinding Implementation Plan Report CMS 06-22; 2. That Council direct staff to execute the Accessible Signage and Wayfinding standard through the recommended implementation and implementation guidelines; and, 3. Item MD – 6219 be removed from the New and Unfinished Business - General Government report.

1. That Staff Report CMS 07-22 and the Memorandum from John Romano, Commissioner of Community Services, regarding the Reconfiguration of Forest Heights Basketball Court be received as information; 2. That Staff be directed to include the costs associated with the reconfiguration of the Forest Heights Basketball Court in the Proposed 2023 Capital Budget, with a target completion in the spring of 2023, for Council consideration; 3. That item MD 6212 on the New and Unfinished Business List regarding the Forest Heights Park Basketball Court be removed; and, 4. That the Forest Heights Basketball Court net be reinstalled as soon as possible. Page 25 of 36 Regular Council Minutes June 20, 2022 - 7:00 PM

1. That Staff Report CMS 07-22 and the Memorandum from John Romano, Commissioner of Community Services, regarding the Reconfiguration of Forest Heights Basketball Court be received as information; 2. That item MD 6212 on the New and Unfinished Business List regarding the Forest Heights Park Basketball Court be removed; 3. That the Forest Heights Basketball Court net and pole be removed; and, 4. That Staff be directed to investigate an alternate use of the asphalt area for the youth of the community.

Whereas swimming instructors are certified by the Canadian Red Cross; Whereas all Canadian Red Cross courses meet strict guidelines for content and delivery and the Canadian Red Cross Lifeguard program meets all provincial/territorial legislation requirements; Whereas R.R.O. 1990, Reg. 565: PUBLIC POOLS creates barriers for swimming lessons to be performed in residential pools; Whereas the Town of Whitby is burdened with providing enough infrastructure, staffing and scheduling to accommodate thousands of new swimmers in public pool settings; Whereas the regulation requirements are burdensome for homeowners to meet the inspection requirements of health officials; Whereas swimming instruction is proven to prevent death by drowning and should be prioritized for every Canadian child; and, Whereas lower tier municipalities can simplify and streamline the process to regulate backyard swimming lessons without the Provincial regulation in place. Now therefore be it resolved: Page 27 of 36 Regular Council Minutes June 20, 2022 - 7:00 PM 1. That the Town of Whitby Council requests that the Province of Ontario eliminate any regulation regarding backyard swimming lessons; 2. That municipalities across Ontario be responsible for governing any business, nuisance or health requirements for the operation of backyard swim lessons; and, 3. That the Clerk circulate a copy of this resolution to Lorne Coe MPP, AMO, the Regional Municipality of Durham, and all Durham area municipalities.

Further to Resolution #149-21 wherein Ward Councillors together with Staff have identified two streets per ward for traffic calming measures in 2022 and will do so for each of the next five years, in order to assess impact to surrounding neighbourhoods close to where speed humps have been installed, staff are directed to conduct a pilot project with Maple Edge Lane and surrounding area (close to Whitburn where speed humps have been installed) to explore other complementary traffic calming measures including buttons, stop controls, signage, and speed limits etc. to achieve comprehensive, slower, safer neighbourhoods with the goal of subsequent town-wide consideration.

1. That Community Services Report, CMS 08-22 be received as information; 2. That Staff be directed to complete the detailed design and contract documentation to be tender ready, based on the program approved by Council outlined in CMS 05-22; and, 3. That Staff report back to Council for direction, following completion of the detailed design and construction documentation, including final construction cost estimates, prior to issuing construction tender documents.

That leave be granted to introduce By-laws # 7905-22 to # 7916-22 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 Council move in-camera in accordance with Procedure By-law # 7462-18, Closed Meeting Policy G 040, and the Municipal Act, 2001, Section 239 (2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Page 31 of 36 Regular Council Minutes June 20, 2022 - 7:00 PM

That Council rise from the closed portion of the meeting.

1. That the Request for Removal of a Non-Designated Heritage Property from the Municipal Heritage Register be refused; 2. That Council withdraw its previous 2002 Notice of Intention to Designate various buildings on the former Whitby Psychiatric Hospital Site; 3. That Council authorize the Commissioner of Planning and Development to issue a new Notice of Intention to Designate the property at 67 Harbourside Drive as having historical and Page 32 of 36 Regular Council Minutes June 20, 2022 - 7:00 PM associative value, as outlined in Section 4.1 of Report PDP 40- 22; 4. That the owner/transferee be required to execute the necessary agreements as outlined in Report PDP 40-22 and Attachment #11 of Report PDP 40-22, at the owner’s/transferee’s expense; 5. That the Municipal Heritage Register be updated accordingly as necessary to reflect Council’s decision; 6. That Council approve Official Plan Amendment Number 128 to Town of Whitby Official Plan (File Number: OPA-2019-W/04), with modifications as recommended by staff and as shown on Attachment #7; 7. That a by-law to adopt Official Plan Amendment Number 128 be brought forward for consideration by Council at such time that the owner/transferee has executed the necessary agreements to implement the privately owned, publicly accessible open space commemorative garden, including the requirements as outlined in in Report PDP 40-22 and Attachment #11 of Report PDP 40-22; 8. That Council approve an amendment to Zoning By-law # 2585 as o

That the main motion be amended by including Items 13 and 14 as follows: Page 33 of 36 Regular Council Minutes June 20, 2022 - 7:00 PM 13. That the Heritage Whitby Advisory Committee be kept up to date on the status and future considerations of 67 Harbourside Drive and that the Committee be provided updates and have the opportunity to provide comment; and, 14. That the Heritage Whitby Advisory Committee recommends that Council direct staff to investigate the use of Heritage Easement Agreements, best practices from other municipalities, and other tools to protect the conservation of heritage properties.

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 June 20, 2022 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. Page 35 of 36 Regular Council Minutes June 20, 2022 - 7:00 PM

That the meeting adjourn.

That the Regular Council minutes of May16, 2022 and the Special Council minutes of June 13, 2022 be adopted.

That Council approve the amendment to Zoning By-law # 1784, (File Z-02-19); and, 2. That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council.

That Town of Whitby Council authorize that Principles Integrity be appointed as Integrity Commissioner for the Town of Whitby for the Term of Council commencing November 15, 2022, with the option to renew for an additional Council term, subject to the Council of the Regional Municipality of Durham approving and authorizing the appointment of Principles Integrity in accordance with Section 223.3 of the Municipal Act as the Regional Municipality of Durham’s Integrity Commissioner; and, 2. That the Clerk be directed to bring forward a by-law confirming the appointment of Principles Integrity as Integrity Commissioner.

That Report LS 08-22 be received for information; 2. That Animal Services continue to operate as an in-house service of the Town, including sheltering and enforcement; and, 3. That staff continue to investigate opportunities to provide animal control services with other municipalities in the immediate vicinity of the Town and animal sheltering services with Humane Society of Durham Region (HSDR).