Regular Council Meeting

That the Regular Council Minutes of January 30, 2023 and the Special Council Minutes of January 30, February 6, February 13, February 16 (9:30 a.m.), February 16 (7:00 p.m.), February 27, March 6 (9:30 a.m.) and March 6 (5:30 p.m.), 2023 be approved.

That the rules of procedure be suspended to hear the delegations from Michael Testaguzza, The Biglieri Group, representing the owner of 1085 Columbus Road and Rachelle Larocque, The Biglieri Group, representing the owner of 6373 Country Lane regarding Item 8.7, Planning and Development Department Report, PDP 10-23.

That the proclamations for International Dark Sky Week, Earth Day, Building Safety Month, Guillain-Barré Syndrome and Chronic Inflammatory Demyelinating Polyneuropathy Awareness Month, Fibromyalgia Awareness Day, Menstrual Health Day, and Rett Syndrome Awareness Month be endorsed.

That the proclamations from March to December 2023 outlined in the Memorandum from J. Romano, Commissioner of Community Services, dated March 20, 2023, be endorsed.

That Correspondence 2022-625 received by C. Harris, Town Clerk from D. Jones and W. Abel, residents, dated November 16, 2022 regarding a Port Whitby traffic petition be received for information; and, That Staff be directed to review the need for traffic calming in the Port Whitby neighbourhood using data driven decision making as part of the development of a Town-wide traffic calming strategy.

That Council adopt Amendment 126 to the Whitby Official Plan, regarding the updated Downtown Whitby Community Secondary Plan, as outlined in Report PDP 61-22; That the Clerk forward the necessary documentation for the Official Plan Amendment to the appropriate approval authority, within fifteen days of adoption of Amendment 126 to the Whitby Official Plan; and, That the Clerk send a Notice of Council’s adoption of Amendment 126 to those persons and agencies who have requested further notification regarding the Downtown Whitby Secondary Plan Update.

That Council approve an Amendment to Zoning By-law # 2585 (File No. Z-20-22) for the removal of the Holding (H) Symbol, as outlined in Planning Report PDP 07-23; and, That a by-law to amend Zoning By-law # 2585 be brought forward for consideration by Council.

That Council direct staff to list the municipally owned property located at the northeast corner of Hickory Street and Dunlop Street East and a portion of the municipally owned property located on the south side of Dunlop Street East, as identified on Attachment #1 to Report No. PDP 08-23, on the Region of Durham’s surplus land website for the potential creation of affordable housing; and, That staff report back to Council on the interest received for affordable housing opportunities on the subject properties.

That Council approve a Draft Plan of Condominium – Common Element (File No. CW-2022- 02) subject to the comments included in Planning Report PDP 09-23 and the Conditions of Approval, included in Attachment #5; That Council approve a Draft Plan of Condominium - Standard (File No. CW-2022-03) subject to the comments included in Planning Report PDP 09-23 and the Conditions of Approval, included in Attachment #5; That the Mayor and Clerk be authorized to execute the Condominium Agreements and any other necessary documents; and, That the Clerk advise the Commissioner of Planning and Economic Development at the Region of Durham, of Council’s decision.

That Report PDP 10-23 be endorsed as the Town’s comments on the Envision Durham draft Regional Official Plan; and, That the Clerk forward a copy of Report PDP 10-23 to the Durham Region Planning and Economic Development Department and the Durham area municipalities.

That the main motion be amended to include a new Item 2 and that the remaining item be renumbered accordingly: 2. That the lands municipally known as 1085 Columbus Road and lands in the vicinity of 6373 Country Lane be designated Community Areas on Map 1. Regional Structure – Urban & Rural Systems, rather than Employment Areas as proposed in the new Regional Official Plan.

That Council approve a proposed Zoning By-law Amendment (Application #Z-02-23) for the extension of a temporary use at 1632 Charles Street. The temporary use is for the continuation of a craft brewery (Town Brewery) for an additional three year period; and, That the Zoning By-law Amendment be brought forward for Council’s consideration.

That Report CAO 04-23 be received for information; That the Town enter into a three-year Memorandum of Understanding with the Ontario Musicians Co-operative Inc. (operating as the Canadian Musicians Co-operative) effective January 1, 2023 to January 1, 2026; That the CAO and Commissioner Financial Services/Treasurer be authorized to execute the Memorandum of Understanding, and be delegated the authority to make amendments thereto subject to such amendments being mutually agreed upon by the Canadian Musicians Co-operative and the Town; and, 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 of Canadian Musicians Co-operative Performers to be able to receive a voluntary gratuity as part of the program.

That Council approve the semi-permanent closure of Roebuck Street in Downtown Brooklin (June to mid-September) to support placemaking opportunities and create an outdoor community gathering space.

That Report CAO 06-23 regarding the 2022 Annual Report for the Mayor’s Community Development Fund and the Performing Arts Community Development Fund be received for information; and, That Council approve the updated Mayor’s Community Development Fund and Performing Arts Community Development Fund Policy as shown in Attachment 4.

That Report CAO 03-23 be received for information; That Council endorse the Public Art Policy Framework as presented in Report CAO 03-23; and, That Staff be directed to prepare a final Public Art Policy to be presented to Council in Q4 2023.

That Whitby Town Council urge the Region of Durham to broaden the scope of the Durham Meadoway Visioning Study to include the possibility of green energy projects on the Gatineau Hydro Corridor through Durham in addition to the proposed multi-use path for active transportation; and, That the Clerk be directed to forward a copy of this motion to the Region of Durham and Whitby Sustainability Advisory Committee.

That staff report back on the opportunity to protect trees of significance on private lands in order to preserve Whitby’s urban forest canopy.

That Report CAO 08–23 be received for information.

That Council receive the proposed 2023 Detailed Program of Improvement, and Beautification and Maintenance and the 2022 Annual Report, (Attachments 2 and 3 of Report FS 11-23), from the Downtown Whitby Business Improvement Area Board; and, That Council approve the Downtown Whitby Business Improvement Area Board’s proposed 2023 Budget, (as outlined in Attachment 1 of Report FS 11-23), inclusive of a $210,000 special tax levy for businesses within the Downtown Business Improvement Area.

That Report FS 02-23 regarding 2022 Remuneration and Expenses for Members of Council and Council Appointees to Boards be received for information. Voters For Against Conflict Councillor Leahy X Councillor Lee X Councillor Mulcahy X Mayor Roy X Councillor Shahid X Councillor Yamada X Councillor Cardwell X Councillor Lundquist X Councillor Bozinovski X Results 8 1 0

That Tender T-25-2022 be awarded to Hard-Co Construction Ltd., for Streetlight Installation at Various Locations, in the amount of $354,825.33 (plus applicable taxes) to be funded from the capital project listed in Table 3 of Report FS 05-23; and, That the Mayor and Clerk be authorized to execute the contract documents.

That Council approve and endorse the new Procurement Policy (Policy # F 080) included in Attachment 1 of Report FS 09-23; That the existing Purchasing Policy be repealed; and, That Council direct staff to review the Procurement Policy every 5 years.

That the revised Council Expense Policy (Policy # G050) be approved, in accordance with Report FS 10-23 and the Memorandum from F. Wong, Commissioner of Financial Services/Treasurer, dated March 15, 2023 regarding Council Expense Policy Correction - Revised on March 20, 2023.

Whereas the ongoing pilot project for natural outdoor ice rinks has proved challenging due to fluctuating winter temperatures; and, Whereas outdoor ice rinks provide the community with an affordable opportunity to be active during the winter months; and, Whereas building the Whitby Sports Complex will provide the potential to reuse the refrigeration plant at the Luther Vipond Memorial Arena to offset some of the capital costs associated with a refrigerated outdoor ice facility. Now therefore be it resolved: That following the tender results for the Whitby Sports Complex and as part of the development of the Parks and Recreation Master Plan, that Staff be directed to report on opportunities to install refrigerated outdoor ice rinks or skating trails in the Town.

That Staff be directed to review the opportunity for enhanced school zone parking enforcement through additional staffing resources, and include an analysis of whether such resources would be revenue neutral.

Whereas the Government of Ontario instituted a Safe-Arrival Policy for schools in 1999 requiring each district school board, school authority, and the Provincial Schools Branch to develop a safe-arrival program to report unexplained student absences in a timely manner to parents, guardians, or caregivers; and, Whereas there is no requirement for Provincially licensed child care providers to have safe-arrival programs in place; and, Whereas requiring safe-arrival programs for Provincially licensed child care providers may help prevent avoidable tragedies involving children, such as the June 2022 death of a toddler who was unintentionally left in a hot car for a prolonged period of time when his parent reported to work after failing to deliver the child to his daycare provider. Now therefore be it resolved: That the Council of the Town of Whitby requests the Province of Ontario to require a Safe-Arrival Policy be developed and implemented by provincially licensed child care providers to enhance the safety of all children enrolled in their programs by reporting unexplained child absences in a timely manner to parents, guardians, or caregivers; and, That the Clerk be directed to send this resolution to Premier Ford, the Minister of Education, the Regional Municipality of Durham, Durham Area Municipalities, and all Durham MPPs .

That leave be granted to introduce By-laws # 7967-23 to # 7982-23 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 March 20, 2023 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.

Whereas on October 25, 2022 the Minister of Municipal Affairs and Housing issued a letter to the Town of Whitby recognizing the Province’s commitment to build 1.5 million homes by 2031 and assigning a Municipal Housing Target of 18,000 new homes in Whitby to assist with achieving this target. And whereas, the Minister also requested the Town to demonstrate its commitment to accelerating housing supply by developing a Municipal Housing Pledge and take the necessary steps to facilitate the construction of 18,000 new homes in Whitby by 2031, and delivering that pledge to the Minister by March 22, 2023. And whereas, the Town has a considerable inventory of housing units approved or in the approval process (i.e. 18,118 units), including 4,123 low density, 4,925 medium density and 9,070 high density units. And whereas, the Town has additional greenfield land inventory within the West Whitby and Brooklin Community Secondary Plan areas to accommodate draft plan of subdivision applications, and considerable infill/intensification opportunities, which will further increase the potential housing yield. And whereas, the Town has experienced a considerable increase in the number of building permits for residential units in the recent past, including 2,360 permits in 2021 and 1,777 permits in 2022, with an expectation to continue such volume of permits into the future. Now therefore, the Town of Whitby Council pledges its commitment to facilitate the development of 18,000 new homes by 2031

That Report FS 02-23 regarding 2022 Remuneration and Expenses for Members of Council and Council Appointees to Boards be received for information. For Against Conflict Mayor Roy X Councillor Bozinovski X Councillor Cardwell X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Mulcahy X Councillor Shahid X Councillor Yamada X Results 8 1 0