Regular Council Meeting

That the Regular Council Minutes of May 27, 2024 and the Special Council Minutes of May 27, May 29, June 3, and June 10, 2024 be approved.

That the proclamation for National Coaches Week be endorsed.

That: Council authorize staff to undertake Cultural Heritage Evaluation Reports and issue Notices of Intention to Designate under Section 29 of the Ontario Heritage Act, for properties that LHC Heritage Planning & Archaeology Inc. has recommended as priority candidate properties for designation, where the owner is amenable to designation; and, After the 30-day Objection period has passed per Section 29 (6) of the Ontario Heritage Act, Council consider passing a by-law designating the properties

That Item 5 of main motion be deleted.

That Council authorize staff to issue a Notice of Intention to Designate for the property identified as the Ontario County House of Refuge, located at 300 High Street in Whitby, to be published per section 29 (1.1) of the Ontario Heritage Act, R.S.O. 1990 c. O.18, as amended; That, after the 30-day Objection period has passed per Section 29 (6) of the Ontario Heritage Act, Council consider passing a by-law designating the property under Part IV, Section 29 of the Ontario Heritage Act; That, after the passing of the by-law, if no appeals to the Tribunal are received during the 30-day appeal period per Section 29 (12) of the Ontario Heritage Act, and the designation by-law comes into full force and effect under Part IV of the Ontario Heritage Act, that a commemorative plaque be installed in a form and location to the satisfaction of the Commissioner of Planning and Development or designate; That Council mutually agree to the owner’s request for an extension of the 90-day deadline under Section 29(8) of the Ontario Heritage Act and Section 2(1) 1. of Ontario Regulation 385/21, for passing the Part IV Heritage Designation By-law for the portion of the property containing the Ontario County House of Refuge, located at 300 High Street in Whitby; and, That the extension outlined in Recommendation 4 be in effect until May 31, 2025.

That Council approve Official Plan Amendment Number 137 to the Whitby Official Plan (OPA-2024-W/02), as shown on Attachment #15, and that a By-law to adopt Official Plan Amendment Number 137 be brought forward for consideration by Council; That the Clerk forward a copy of Report PDP 28-24, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Amendment Number 137 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development; That Council approve the Draft Plan of Subdivision (File Number: SW-2024- 01), subject to the comments included in Report PDP 28-24 and the conditions of draft plan approval included in Attachment #19, save and except that the Subdivider will covey land totaling approximately 2,400 square metres in full satisfaction of any requirements to convey land for park or other public recreational purposes in accordance with the Planning Act. The parcel(s) of land may be encumbered and may be conveyed following registration of the plan of subdivision but no later than prior to registration of the final plan of condominium. That Staff be authorized to prepare a Subdivision Agreement; 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; That Council approve the amendment to Zoning By-law # 2585, (File Number: Z-03-24), as outlined in Report PDP 28-24; and, That

That Council approve an amendment to Zoning By-law # 2585 (Z-06-24) as outlined in Report PDP 29-24; and, That a Temporary Zoning By-law Amendment be brought forward for consideration by Council.

That Council approve the Draft Plan of Condominium (File Number: CW-2024-03) subject to the comments included in Report PDP 30-24 and the Conditions of Approval, included in Attachment # 4; That the Mayor and Clerk be authorized to execute the Condominium Agreement 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 Council approve the Draft Plan of Subdivision (File Number: SW-2021-12), subject to the comments included in Report PDP 31-24 and the Conditions of Draft Plan Approval included in Attachment # 9; That Staff be authorized to prepare a Subdivision Agreement; That Council approve the amendment to Zoning By-law # 1784, (File Number: Z-21-21), and that a Zoning By-law Amendment be brought forward for consideration by Council; That Williams and Stewart Associates Ltd. be appointed as the Control Architect for the Draft Plan of Subdivision; and, 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.

That Council approve Amendment Number 136 to the Whitby Official Plan (File Number: OPA-2024-W/03), as shown on Attachment # 8, and that a By-law to adopt Official Plan Amendment Number 136 be brought forward for consideration by Council; That the Clerk forward a copy of Report PDP 33-24, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Amendment Number 136 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development; That Council approve an amendment to Zoning By-law # 1784, (File Number: Z-05-24), as outlined in Report PDP 33-24; and, 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.

That Council approve traffic signalization of St Thomas Street at Winchester Road, and direct staff to include up to $150,000 in the property tax-funded 2025 capital budget, per the memorandum from T. Painchaud, Sr. Manager, Transportation Services, dated June 10, 2024 regarding the reduced cost of the traffic signal at St Thomas and Winchester Road, as a pre-approved budget item, considering the Region’s requirements for unwarranted traffic control signals; That the operating and maintenance costs related to the signal, in the annual amount of $8,000, be included in the property tax-funded operating budget, beginning in 2026; and, That Report PDE 04-24 be provided to the Regional Municipality of Durham.

That Council approve an amendment to Zoning By-law # 1784 (Z-04-24) as outlined in Report PDP 34-24; and, That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council.

That Council authorize staff to move forward with the detail design for Phase 2 of the Mid-Block Arterial (MBA) project, as outlined in Report No. PDE 03-24; That Council authorize the single source award to CIMA+ as the engineering consultant to complete the detail design for Phase 2 of the MBA project in the amount of $899,560 funded from capital project 40236054; and, That Council authorize the single source award to GHD as the technical reviewer to complete Phase 2 of the MBA project in the amount of $189,298 funded from capital project 40236054.

That Council approve the proposed amendment to the Traffic By-law 8059-24 to incorporate changes to Schedule “N” of the By-law, as identified in Attachment 1; That a by-law to amend By-law 8059-24 be brought forward for the consideration of Council; and, That Item P&D-0018 be removed from the New and Unfinished Business list.

That a new 2024 Capital Budget, in the amount of $2,250,000 for the Mid-Block Arterial – Phase 3 Detailed Design, be approved and funded $25,780 from the Growth Capital Reserve Fund, and $2,224,220 from the Development Charges Roads and Related Town-wide Infrastructure Reserve Fund; That the Anderson Conlin Development Consortium (ACDC) be authorized to proceed with the Mid-Block Arterial Phase 3 Design work based on a commitment that the Town intends to negotiate a reimbursement agreement for the $2,140,000 of detailed design works; That Council provide the Chief Administrative Officer and Commissioner of Planning and Development delegated authority to enter into a reimbursement agreement with the ACDC for the Mid-Block Arterial Phase 3 Detailed Design works based on the principles outlined in Report PDE 08-24 and subject to terms satisfactory to the Commissioners of Financial Services/Treasurer and Legal and Enforcement Services/Town Solicitor; That no ACDC reimbursements payments are processed by the Town until the reimbursement agreement with the ACDC for the Mid-Block Arterial Phase 3 Detailed Design works is fully executed; and, That staff commence negotiations with ACDC for a future development charge credit and/or reimbursement agreement for the construction of Mid-Block Arterial based on the principles outlined in Report PDE 08-24.

That the Memorandum from C. Chrus, Manager, Creative Communities, dated May 10, 2024 re: 2024 Roebuck Street Road Mural be received for information.

That Council approve the proposed amendments to the Ice Allocation Policy, Policy Number MS 010, Attachment 2 of Report CMS 08-24.

That Council receive this report as information; That Council adopt the Town’s Accessibility Plan 2023-2026 as attached; and, That a copy of the Accessibility Plan 2023-2026 be posted on the Town’s website with alternate formats available upon request.

That Report FS 11-24 on Building Permit Fees Annual Financial Report 2023 be received as information.

That Report FS 15-24 regarding 2023 Year End Operating Variances and Reserve Funds be received; That notwithstanding the Disposition of Operating Surplus Policy F 010, the full amount of the 2023 operating surplus, in the amount of $80,157 be transferred to the Long-Term Finance Reserve ; and, That $100,000 be drawn from the Long-Term Finance Reserve in 2024 to fund a n additional one-time payment towards the Town of Whitby’s $250,000 commitment to the Charles H. Best Diabetes Centre ’s capital campaign .

That Report FS 16-24, the Annual Statement of Development Charge and Parkland Dedication Cash-in-Lieu Reserve Funds as of December 31, 2023, be received for information.

That Report FS 18-24 regarding Annual Insured Claims be received as information.

That the 2025 to 2027 Multi-year Budget Process, (including incorporation of a budget process under Strong Mayor Powers), Communication and Public Engagement Plan and Budget Calendar outlined in Staff Report FS 21-24 be approved; and, That the reduced timelines, as outlined in Report FS 21-24, for budget amendments and vetoes to the 2025 to 2027 Multi-year budget be approved.

That the main motion be amended by adding Item 3, as follows: 3. That the Mayor consider bringing forward a multi-year budget that only includes 2025 and 2026 due to 2027 being the first year of a new term of Council. 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 2 7 0

That Report FS 29-24 be received as information.

That Council endorse the Town’s 2024 Municipal Asset Management Plan which highlights the Community and Technical Levels of Service for all service areas (Facilities, Fire Equipment, Fleet, Library Resources, Parks, Roads Right-of-Way, and Technology & Innovation Services) as attached to Report FS 31-24; That Council endorse the following recommendations as highlighted in Section 6 the Town’s 2024 Municipal Asset Management Plan: 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; Undertake community engagement surveys and public information sessions, to inform future asset management plans on Whitby residents’ desired Levels of Service for municipal assets; 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; Review consequence of failure ratings regularly; Assess the costs of Climate Change resilience and the associated risks to assets; Propose Climate Change adaptation and mitigation measures for all Service Areas; and, That Staff continuously refine lifecycle treatments to ensure assets are being maintained as cost efficiently as possible.

That Council receive Report CAO-10-24, Council Remuneration Market Review for information.

That Council receive Report CAO-11-23 2024 Workforce Plan Review for information.

That Council receive Report CAO-12-24 The IDEA Project, Journey to Inclusivity Status Update 2024 for information.

That Report CAO 16-24 be received as information; That the Clerk’s office forward a copy of Staff Report CAO 16-24 to the Region of Durham’s Sustainability Department; and, That Schedule S of the Fees and Charges By-law 7220-17, as amended, be further amended to include the new Level 3 Electric Vehicle Charging Station Fees as outlined in Report CAO 16-24.

That the updated by-law regarding the execution of an Automatic Aid Agreement with the Town of Ajax be presented to Council for approval; and, That the attached agreement (ATT-1) between Ajax Fire & Emergency Services and Whitby Fire & Emergency Services be approved, effective June 19, 2024.

That Council receives, for information, and reviews Whitby Fire & Emergency Services (WFES) annual report for 2022 and 2023.

Whereas Ontario has more private non-native (“exotic”) wild animal keepers, roadside zoos, mobile zoos, wildlife exhibits and other captive wildlife operations than any other province; and, Whereas the Province of Ontario has of yet not developed regulations to prohibit or restrict animal possession, breeding, or use of non-native (“exotic”) wild animals in captivity; and, Whereas non-native (“exotic”) wild animals can pose very serious human health and safety risks, and attacks causing human injury and death have occurred in the province; and, Whereas the keeping of non-native (“exotic”) wild animals can cause poor animal welfare and suffering, and poses risks to local environments and wildlife; and, Whereas owners of non-native (“exotic”) wild animals can move from one community to another even after their operations have been shut down due to animal welfare or public health and safety concerns; and, Whereas municipalities have struggled, often for months or years, to deal with nonnative (“exotic”) wild animal issues and have experienced substantive regulatory, administrative, enforcement and financial challenges; and, Whereas the Association of Municipalities of Ontario (AMO), the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) and the Municipal Law Enforcement Officers' Association (MLEOA) have indicated their support for World Animal Protection’s campaign for provincial regulations of non-native (“exotic”) wild animals and roadside zoos in let

That Council support the 2024 Beer Fest Event hosted by the Whitby Chamber of Commerce by waiving fee CS-59 - Celebration Square Rental Fee, Whitby Commercial Day Fee found in Schedule G to Fees and Charges By-law # 7220-17, as amended, in the amount of $1,775.67 for the three-day event ($591.89/day).

That the revised Standards for Town Policies and Procedures Policy appended as Attachment 1 to this report be approved; That the Chief Administrative Officer be granted the delegated authority to approve Accessibility, Corporate Administration, Facility Management and Operational Services, Human Resources, and Technology policies as detailed in the Standards for Town Policies and Procedures Policy; and, That the policies listed for repeal in Section 4.2 of this report be repealed.

That Council adopt the Deputy Mayor Appointment and Responsibilities Policy appended to Report CLK 06-24 as Attachment 1.

That the motion for the previous question be called. 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 6 3 0

That Council receive and consider the Report of the Ontario Land Tribunal dated May 17, 2024, and included as Attachment 2 of this Report LS 10-24, related to a Hearing of Necessity for the Town’s expropriation of the property municipally known as 5345 Thickson Road North; That Council approve the expropriation of the following property, as approving authority in accordance with the Expropriations Act, R.S.O. 1990, c E. 26, as amended, for the Mid-Block Arterial Roadway Project: The property municipally known as 5345 THICKSON ROAD NORTH, WHITBY, ONTARIO and legally described as PART LOT 20, CONCESSION 5, TOWNSHIP OF WHITBY, PART ROAD ALLOWANCE BETWEEN LOTS 20 AND 21, CONCESSION 5, TOWNSHIP OF WHITBY AS IN D76143, SAVE AND EXCEPT PARTS 3 & 4 ON PLAN 40R-26759, S/T INTERESTS OF THE TOWNSHIP OF WHITBY; TOWN OF WHITBY, REGIONAL MUNICIPALITY OF DURHAM (hereafter, the “Property”); That Council approves the expropriation of the Property for the reasons set out in the Decision and Reasons document included as Attachment 3 to this Report LS 10-24. That the Mayor and Town Clerk be authorized to execute a Certificate of Approval on behalf of Town Council, and that staff be authorized to register same in the proper Land Registry Office; That the Town Clerk be authorized to sign and circulate the Decision and Reasons document required under the Expropriations Act , substantially in the form set out in Attachment 3 to this Report 10-24 and to the satisfaction of the Commissioner of Legal a

That leave be granted to introduce By-laws # 8093-24 to # 8105-24 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 the recommendations contained in LS 11-24, Confidential Legal and Enforcement Services Department Report, be adopted.

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 24, 2024 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.

1. That: a. Council authorize staff to undertake Cultural Heritage Evaluation Reports and issue Notices of Intention to Designate under Section 29 of the Ontario Heritage Act, for properties that LHC Heritage Planning & Archaeology Inc. has recommended as priority candidate properties for designation, where the owner is amenable to designation; and, b. After the 30-day Objection period has passed per Section 29 (6) of the Ontario Heritage Act, Council consider passing a by-law designating the properties

1. That Council approve Official Plan Amendment Number 137 to the Whitby Official Plan (OPA-2024-W/02), as shown on Attachment #15, and that a By-law to adopt Official Plan Amendment Number 137 be brought forward for consideration by Council; 2. That the Clerk forward a copy of Report PDP 28-24, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Amendment Number 137 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-2024- 01), subject to the comments included in Report PDP 28-24 and the conditions of draft plan approval included in Attachment #19, save and except that the Subdivider will covey land totaling approximately 2,400 square metres in full satisfaction of any requirements to convey land for park or other public recreational purposes in accordance with the Planning Act. The parcel(s) of land may be encumbered and may be conveyed following registration of the plan of subdivision but no later than prior to registration of the final plan of condominium. 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-03-24), as outlined in Report PDP

That the main motion be amended by adding Item 3, as follows: 3. That the Mayor consider bringing forward a multi-year budget that only includes 2025 and 2026 due to 2027 being the first year of a new term of Council. 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 2 7 0

The main motion was then

1. That Council endorse the Town’s 2024 Municipal Asset Management Plan which highlights the Community and Technical Levels of Service for all service areas (Facilities, Fire Equipment, Fleet, Library Resources, Parks, Roads Right-of-Way, and Technology & Innovation Services) as attached to Report FS 31- 24; 2. That Council endorse the following recommendations as highlighted in Section 6 the Town’s 2024 Municipal Asset Management Plan: a. 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; b. Undertake community engagement surveys and public information sessions, to inform future asset management plans on Whitby residents’ desired Levels of Service for municipal assets; c. 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; d. Review consequence of failure ratings regularly; e. Assess the costs of Climate Change resilience and the associated risks to assets; f. Propose Climate Change adaptation and mitigation measures for all Service Areas; and, 3. That Staff continuously refine lifecycle treatments to ensure assets are being maintained as cost efficiently as possible.

That the motion for the previous question be called. 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 6 3 0

1. That a portion of the land legally described as Part of Lot 16 and Lot 32, 2nd Double Range Plan H-50031; Part Lot 26, Concession 1 Part 6 , Plan 40R-5160, Town of Whitby, being a portion of PIN26503-0129 (LT), (“Hickory Property”) located at Hickory Street and Colborne Street, as shown on Attachment #1 in Report FS 09- 24 the precise area of which shall be identified on a new reference plan to the satisfaction of the Commissioners of Financial Services/Treasurer and Legal and Enforcement Services/Town Solicitor, be declared surplus for the purpose of conveyance to Habitat for Humanity Greater Toronto Area or its associated company (“Habitat”); 2. That a portion of the land legally described as FIRSTLY: Lot 32, 3 rd Double Range Plan H50031; SECONDLY: Part of Lots 15, 16, 31 and 33 ft reserve, 3rd Double Range Plan H50031, being Parts 1, 2, 3, and 4 on Plan 40R-29992; THIRDLY: Part of Lot 25, Concession 1, being Part 5, on Plan 40R-29992; Town of Whitby, being a portion of PIN: 26503-0273 (LT), (“Dunlop Property”) located at Dunlop and Hickory Street South, as shown on Attachment #2 in report FS 09-24 the precise area of which shall be identified on a new reference plan to the satisfaction of the Commissioners of Financial Services/Treasurer and Legal and Enforcement Services/Town Solicitor, be declared surplus for the purpose of conveyance to Habitat; 3. That the requirement to give public notice in accordance with Town of Whitby Policy F-190 regarding the Acquisition, Sa