Regular Council Meeting

That Council reconsider Resolution # 209-21 adopted on June 21, 2021 regarding no-parking restrictions on Lyndebrook Road and suspend the rules of procedure to allow the introduction of a motion regarding amendments to the no-parking restrictions on Lyndebrook Road.

That the Regular Council minutes of December 13, 2021 and the Special Council minutes of December 17, 2021, January 10, January 17, and January 24, 2022 be adopted.

That the proclamations for Wear Red Canada Day, Scout-Guide Week, and National Deafblind Awareness Month, and the flag raisings for Scouts Canada, and Girl Guides of Canada be endorsed.

That Correspondence # 2022-27 from Bryce Jordan on behalf of the Whitby Curling Club, dated January 14, 2022 regarding Part of Block E, Registered Plan M-1013, Bradley Drive, be

1. That Report PDP 08-22 be received for information; and, 2. That the Preferred Downtown Whitby Concept Plan Report, draft proposed schedules, and draft proposed policies, presented as Attachments to Report PDP 08-22, be used for obtaining public, stakeholder, and agency input during the third and final Community Open House for the Downtown Whitby Secondary Plan Update.

1. That Council approve the amendment to Zoning By-law # 2585, (File Number: Z-18-21) as outlined in Planning Report PDP 03- 22; and, 2. That a by-law to amend Zoning By-law # 2585 be brought forward for consideration by Council; and, 3. That Council rescind the delegated authority for site plan approval related to this application.

1. That Council approve a Zoning By-law Amendment to Extend a Temporary Use (Z-24-21) for a period of three (3) years, as set out in Planning Report PDP 04-22; and, 2. That the amending by-law be brought forward for Council’s consideration. Page 4 of 26 Regular Council Minutes January 31, 2022 - 7:00 PM

1. That Council approve Official Plan Amendment # 124 to the Town of Whitby Official Plan (OPA-2021-W/07), as shown on Attachment # 6, and that a by-law to adopt Official Plan Amendment # 124 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 PDP 05-22, two (2) copies of the adopted Amendment, and a copy of the by- law to adopt Amendment Number # 124 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development.

That Council approve the request for a variance to the Town of Whitby Permanent Sign By-law # 7379-18 for Burger King located at 1650 Victoria Street East. Page 5 of 26 Regular Council Minutes January 31, 2022 - 7:00 PM

1. That Council approve a proposed amendment to By-law # 1812- 85, which designates 601 Victoria St. E. under Part IV of the Ontario Heritage Act, R.S.O. 1990 c. O.18, as amended, to reflect the accurate legal description of the designated land; 2. That the Clerk provide written Notice of Intention to amend the designating By-law, to the property owner with an explanation of the proposed amendment as per Section 30.1(4) of the Ontario Heritage Act; 3. That, if the property owner objects to the proposed amendment in accordance with Section 30.1(6) of the Ontario Heritage Act, the Clerk be directed to refer the proposed amendment to the Review Board; 4. That, if there is no objection to the proposed amendment, the Clerk be authorized to provide a copy of the amended by-law to the property owner and Ontario Heritage Trust, and register the by-law on title, as per Section 30.1(9) of the Ontario Heritage Act; and, 5. That, if there are no objections to the proposed amendment, then the draft by-law to amend By-law # 1812-85, as shown on Attachment # 4 to Report PDP 07-22, be approved by Council.

1. That Council request a Settlement Boundary Expansion to the Whitby Urban Area Boundary through the Region of Durham’s Municipal Comprehensive Review (MCR), to include lands that have been identified as the preferred site to be protected for a future Lakeridge Health hospital as identified on Attachment # 1 of Report PDP 09-22; and, 2. That a copy of Report PDP 09-22 be forwarded to the Region of Durham Planning Department as input into the MCR.

1. That the Memorandum from C. Harris, Town Clerk, dated November 10, 2021 regarding Whitby Diversity and Inclusion Advisory Committee Request to Rename Dundas Street be received for information; and, 2. That Town of Whitby staff be directed to prepare a report for Council for Q2 that will identify a process to begin community engagement including consultation with the advisory committees and stakeholders on the question of renaming Dundas Street Page 7 of 26 Regular Council Minutes January 31, 2022 - 7:00 PM through the Town of Whitby, and highlight the public and private sector cost implications.

1. That Report CAO 03-22 1855 Technology Accelerator – 2021 Update be received as information; and, 2. That the Clerk be directed to forward a copy of Report CAO 03- 22 to the Board Chair and CEO of 1855 Whitby Technology Accelerator; Director of Economic Development, Region of Durham; CEO of the Whitby Chamber of Commerce; Ryan Turnbull, Member of Parliament for Whitby; and Lorne Coe, Member of Provincial Parliament for Whitby.

That the IDEA Project, Whitby’s Journey to Inclusivity, report be

That the Mayor and Clerk be authorized to execute a land lease agreement between the Town and the Muslim Welfare Centre of Toronto based on the terms and conditions outlined in staff report FS 05-22.

1. That a new capital project for the Town’s consulting costs related to the City of Pickering’s proposed sale of Elexicon shares be established, in the amount of $100,000, funded from the 2021 Operating Budget; 2. That the Chief Administrative Officer and Treasurer be provided delegated authority, within the overall approved funding for the project, to obtain consulting and other services required to develop a recommended course of action for the Town, in a timely manner, related to the proposed sale of Elexicon shares; and, 3. That staff be authorized to pay the Municipality of Clarington the Town’s proportionate share of consulting costs to perform valuation and other analysis related to the proposed sale of Elexicon shares.

That report FR 01-22 be received as information.

Whereas the Town of Whitby consists of a diverse community, many of whom wear religious symbols including turbans, hijabs, Kippa, the cross and many others; And Whereas the fundamental right of religious freedom is protected by the Charter of Rights and Freedoms; And Whereas the Town of Whitby, as one of Canada’s fastest growing and most multicultural and diverse municipalities, stands firmly to support religious freedom as this is aligned with our Freedom of Rights under the Canadian Charter of Rights; And Whereas the Town of Whitby stands in solidarity with National Council of Canadian Muslims (NCCM) and the Canadian Civil Liberties Association (CCLA) in their legal challenge against Bill 21 in Quebec; and, Page 12 of 26 Regular Council Minutes January 31, 2022 - 7:00 PM And Whereas Council believes that our Town and Durham Region are the cultural centre for diversity and Canadian multiculturalism and Council bears a responsibility to stand up in defence of the Canadian multicultural mosaic. Now therefore be it resolved: 1. That Whitby Town Council support in principle the legal challenge against the discrimination of freedom of religion in Quebec’s Bill 21; and, 2. That Staff be directed to report back on ways the Town of Whitby could financially support the legal challenge by providing one- time funding not to exceed $10,000.

That the main motion be divided to consider Items 1 and 2 as separate motions.

Page 14 of 26 Regular Council Minutes January 31, 2022 - 7:00 PM That Recommendation 2 of Item 7.7 be

Whereas six persons were killed and 19 persons were injured by a gunman who entered the Islamic Cultural Centre of the City of Québec shortly after the end of evening prayers on January 29, 2017 and opened fire; Whereas this act of terror devastated the families and friends of the victims, Muslim communities in Quebec, across Canada and around the world, and all Canadians; Whereas it is important that Canadians have an opportunity to honour the memory of the victims, to recognize those who selflessly and courageously put themselves in harm’s way to protect others and to express solidarity with the survivors of this tragedy; Page 15 of 26 Regular Council Minutes January 31, 2022 - 7:00 PM Whereas Islamophobia, racism, violent extremism, and the denial of these realities are at the root of this horrifying crime; Whereas it is important that Canadians denounce Islamophobia and all other forms of racism, hate and religious discrimination and take action to combat them; and, Whereas it is important that Canadians resolve to build a foundation for change by removing barriers and promoting a more inclusive and equitable country for all, where every person is able to participate and succeed fully and safely. Now therefore be it resolved: That the Town of Whitby acknowledge January 29 as an annual day of remembrance in honour of lives

1. That the Memorandum from J. Romano, Commissioner of Community Services, dated December 9, 2021 regarding Forest Heights Park Basketball Court Relocation - Update be received for information; and, 2. That Staff bring back a report to highlight the basketball net options and contact all residents within 200 metres of Forest Heights Park to ensure full community engagement before a decision is made by Council.

1. That the Memorandum from C. Harris, Town Clerk, dated January 10, 2022 regarding the Accessibility Advisory Committee and Whitby Diversity and Inclusion Advisory Committee request to update the Committees’ Terms of Reference to include an Annual Joint Accessibility Advisory Committee and Whitby Diversity and Inclusion Advisory Committee Meeting be received for information; and, 2. That the Accessibility Advisory Committee and Whitby Diversity and Inclusion Advisory Committee Terms of References be amended to include a Joint Accessibility Advisory Committee and Whitby Diversity and Inclusion Advisory Committee meeting in place of their regular annual February meeting.

1. That the Town of Whitby accept the low bid as submitted by ONIT Construction Inc. in the amount of $303,232.31 (with removal of Provisional Locations, plus applicable taxes) for replacement and installation of Wood Acoustic Fences, to be funded from the capital project 30216401 Fence Replacement Program – Wood Acoustic Fencing; and, Page 17 of 26 Regular Council Minutes January 31, 2022 - 7:00 PM 2. That the Mayor and Clerk be authorized to execute the contract documents.

1. That the Town of Whitby accept the low bid as submitted by Appco Paving Ltd. in the amount of $406,870.36 (plus taxes), for 2022 miscellaneous asphalt patching, to be funded from the capital project 40216048 Road Patching Program; 2. That the revised cost estimate for this project, totaling $444,031.27 as outlined in Table 1 of Report FS 03-22, be approved; 3. That the budget shortfall, if contingency works are required, be funded from the Road Infrastructure Repair Reserve to an upset limit of $129,031.27; 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Tender T-533-2022 be awarded to Somerville National Leasing & Rentals Ltd., in the amount of $91,020.00 (plus applicable taxes) for a one (1) seasonal term for the rental of seasonal vehicles, to be funded from the operating budget. Page 18 of 26 Regular Council Minutes January 31, 2022 - 7:00 PM 2. That the Town reserves the right to extend this contract on an annual basis thereafter for up to two (2) additional one (1) seasonal terms provided the Company’s annual performance is satisfactory, subject to budget approval, and subject to meeting requirements for subsequent years. Additional seasonal terms are subject to Consumer Price Index increases as outlined in this report; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Tender T-67-2021 be awarded to Antrim Mechanical Ltd. in the amount of $273,100.00 (plus applicable taxes), funded from the capital projects listed in Table 2 of Report FS 13-22, for the supply and installation of Backflow Preventers at Various Town Facilities; 2. That the revised cost estimates totaling $335,850.66 and the capital project adjustments to reflect the revised costs to complete, as outlined in Table 2 of report FS 13-22, be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Council approve the proposed Accessible Signage and Wayfinding Study as outlined in Attachment 1 to Report CMS-01- 22; and, 2. That Council direct staff to report back with an Accessible Signage and Wayfinding policy, prioritized implementation plan of the recommended standard.

Page 20 of 26 Regular Council Minutes January 31, 2022 - 7:00 PM 1. That report FS 01-22 regarding the 2021 Year End Projection as at September 30th be received as information; and, 2. That, notwithstanding the Disposition of Operating Surplus Policy, the 2021 year end surplus be fully transferred to the Long Term Finance Reserve.

1. That the 2022 Property Tax Rebate Program for Low Income Seniors and Low Income Homeowners with Disabilities be increased from $400 to $462 per year; 2. That the Property Tax Rebate Program for Low Income Seniors and Low Income Persons with Disabilities be indexed annually, starting in the 2023 budget, based on the previous year’s budget increase; and, 3. That staff bring forward a by-law outlining the Town’s Property Tax Rebate Program for low income seniors and low income homeowners with disabilities for Council approval.

1. That the draft Terms of Reference as shown in Attachment 1 of Report CLK 01-22 be approved; and, 2. That the Clerk be authorized to bring forward a by-law to appoint a roster of individuals as per the draft Terms of Reference; and, Page 21 of 26 Regular Council Minutes January 31, 2022 - 7:00 PM 3. That, at such time as the above by-law is enacted by Council, that the 2022 Municipal Election Compliance Audit Committee be deemed to be established in accordance with the Municipal Elections Act.

1. That Report CAO 02-22 regarding the 2021 Annual Report for the Mayor’s Community Development Fund and the Performing Arts Community Development Fund be received for information; 2. That Council approve an increase of $2,000 to the ongoing annual grant from the Mayor’s Community Development Fund with $1,000 to the Brooklin Royal Canadian Legion Branch 152 and $1,000 to the Whitby Royal Canadian Legion Branch 112 to support the replacement of banners through the Honour our Veterans Banner Program, and that Council approve the corresponding revisions to the Mayor’s Community Development Fund and Performing Arts Community Development Fund Policy as shown in Attachment 4; and, 3. That Council adopt the revisions to the Grants Review Committee Terms of Reference shown in Attachment 5 to Report CAO 02- 22.

That Council reconsider Resolution # 209-21 adopted on June 21, 2021 regarding no-parking restrictions on Lyndebrook Road and suspend the rules of procedure to allow the introduction of a motion regarding amendments to the no- parking restrictions on Lyndebrook Road. Page 22 of 26 Regular Council Minutes January 31, 2022 - 7:00 PM

That parking be permitted on the Lyndebrook Road dead end east of Country Lane on both sides east of the residential driveway at 450 Lyndebrook Road during the months that the Central Lake Ontario Conservation Authority parking lot off Lyndebrook Road is not available for use by the public.

That leave be granted to introduce By-laws # 7843-22 to # 7853-22 and to dispense with the reading of the by-laws by the Clerk and that the Page 24 of 26 Regular Council Minutes January 31, 2022 - 7:00 PM 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 appoint Terence Von Zuben to the Active Transportation and Safe Roads Advisory Committee for the term ending November 14, 2022 or until a successor is appointed.

1. That Confidential Report CAO-05-22, Appointment of Commissioner of Legal and Enforcement Services/Town Solicitor, be received for information; and, 2. That Francesco Santaguida be appointed as the Commissioner of Legal and Enforcement Services/Town Solicitor.

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 January 31, 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.

That the meeting adjourn.

That Tender T-94-2021 be awarded to Alineutility Limited in the amount of $736,644.00 (plus applicable taxes), funded from the Streetlight Pole Replacement capital project number 30206601, for all labour, materials, equipment and supervision necessary to complete pole replacements as outlined in Report FS 14-22; 2. That the revised cost estimate for capital project number 30206601, totaling $787,089.38 as outlined in Table 1 of report FS 14-22, be approved; 3. That the budget shortfall in the amount of $57,089.38 be funded from the Asset Management Reserve Fund; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.