Regular Council Meeting

That the Regular Council Minutes of October 7, 2024, and the Special Council Minutes of October 9, October 15, and October 28, 2024 be approved.

That the proclamation for Salvation Army Week and the flag raisings for International Day for the Elimination of Violence Against Women and Salvation Army Week be endorsed.

That Council approve an amendment to Zoning By-law # 2585 (File Number: Z-08-24) as outlined in Report PDP 49-24; and, That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council.

That Council approve Official Plan Amendment Number #140 to the Whitby Official Plan (OPA-2018-W02), as shown on Attachment #14, and that a by-law to adopt Official Plan Amendment Number #140 be brought forward for consideration by Council; That the Clerk forward a copy of the Report PDP 50-24, two (2) copies of the adopted Amendment, and a copy of the bylaw to adopt Amendment Number # 140 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-2018-01), subject to the comments included in Report PDP 50-24 and the conditions of draft plan approval included in Attachment #18; 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-08-18) as outlined in Report PDP 50-24; That a by-law to amend Zoning By-law # 2585 be brought forward for consideration by Council to implement the first Phase of the development; That the by-law(s) to implement subsequent phases be brought forward for consideration by Council once detailed site plan drawings and a satisfactory Parking rationale have been provided; That the subject site be designated as a Class 4 Noise Area pursuant to Provincial publication NPC

That Council approve the Draft Plan of Subdivision (File No. SW-2021-05) and approve an amendment to Zoning By-law # 1784 (File No. Z-10-21), subject to the comments included in Planning Report PDP-48-24 and the Conditions of Draft Approval included in Attachment #12; That Staff be authorized to prepare a Subdivision Agreement; That a Zoning By-law Amendment be brought forward for consideration by Council; 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. 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 public feedback, including written objections, to the Town’s declaration of 150 Winchester Road West as surplus lands, as outlined in Staff Report FS 40-24, be received; That staff be authorized to negotiate a License agreement with Elexicon Energy Incorporated for long-term license of (and inclusive of an option to purchase) 150 Winchester Road based on the principles outlined in Staff Report FS 40-24 and to the satisfaction of the Commissioner of Legal and Enforcement Services and Commissioner of Finance; and, That the Mayor and Clerk be authorized to sign the final License agreement between the Town of Whitby and Elexicon Energy Incorporated.

Whereas there is a nationwide intimate partner violence (IPV) crisis, in which more than 4 in 10 (6.2 million) women and 1 in 3 men have experienced intimate partner violence, and rates increased 19% between 2014 and 2022; and, Whereas 78% of victims of police-reported intimate partner violence in 2022 were women and girls, and in 2019 rates were 3.5 times higher among women than men; and, Whereas intimate partner violence, in 2009, was estimated to cost $7.4 billion annually to the public system, impacting municipal budgets for public safety and housing; and, Whereas rural, remote, and northern communities experience disproportionate rates of IPV, with risk of IPV 75% higher for women in rural communities than women in urban communities, and 73% of survivors in rural communities at high risk of being in severe or extreme danger of being killed; and, Whereas Indigenous women are 3 times more likely to experience IPV than non-Indigenous women, and are 8 times more likely to be murdered by intimate partners than non-Indigenous women, because of the intersections between colonialism, racism, and misogyny; and, Whereas IPV is a phenomenon which affects Black and racialized women, women with disabilities, and 2SLGBTQIA+ people disproportionately; and, Whereas women’s shelters nationwide consistently struggle with permanent funding to provide essential transitional, family, and permanent housing solutions for women fleeing IPV, and as COVID-oriented funding expires and piecemeal ef

Whereas financial and affordability pressures related to soaring mortgage and rent costs, inflated grocery costs, stagnating wages, and limited avenues for social assistance have pushed significantly more people toward food insecurity; and, Whereas people with fixed incomes, including seniors and social assistance recipients, are at extremely high risk of food insecurity and continue to struggle disproportionately as their dollars are being spread thinner; and, Whereas challenges are also continuing to grow for working people, renters, and people living in remote and northern regions of Canada; and, Whereas racialized Canadians are disproportionately impacted by each of these factors, as the systemic barriers they face have been further exacerbated by the economic and affordability crisis of the past few years; and, Whereas food banks were established as a temporary solution to the increasing cost of food and needs in the community but are now part of a system that government and communities heavily and increasingly rely on; and, Whereas it has been more than a full year since Food Banks Canada sounded the alarms in the HungerCount 2022 report, calling for action to be taken immediately to help the millions of struggling Canadians from coast to coast to coast; and, Where the Food Banks Canada report from March 2023, indicates that nearly 2 million Canadians accessed food banks across the country, a 32 per cent increase from March 2022 and a 78.5 per cent increase from March 2

Whereas in recent years, there has been an alarming rise in incidents of harassment, intimidation and acts of violence aimed at elected local government officials, compounding the already strenuous work conditions faced by many local leaders and hindering their retention; and, Whereas women, particularly Black and racialized women, are disproportionately targeted by violence and harassment toward elected officials; and, Whereas increasing the number of elected women, Black and racialized, and 2SLGBTQIA+ representatives in Canada is a priority for local governments and the federal government; and, Whereas severe abuse, both online and in-person, has the potential to discourage underrepresented groups from joining and remaining engaged in local politics, limiting the diversity of opinion needed in healthy democracies; and, Whereas all elected officials have an ability to show leadership on this issue by modeling behaviour, and should always strive to elevate debate, embrace differences of opinion, disagree respectfully and focus on issues of policy and substance. Now therefore, be it resolved: That the Council of the Town of Whitby request that the federal government, work with provinces, territories, and local governments, including through the Federation of Canadian Municipalities, to identify and implement measures to protect elected local government officials, their family members, and staff – especially women, members of Black and racialized communities, and 2SLGBTQIA+ ind

That the Memorandum from F. Santaguida, Commissioner, Legal and Enforcement Services/Town Solicitor, dated September 3, 2024 regarding a Request of Exception from Fees and Charges By-law # 7220-17 - Driveway Encroachment for 89 Garden Street, be received for information; and, That Council grant an exemption from the provisions of Fees and Charges By-law # 7220-17, as amended, by waiving fees for two minor variance applications for 89 Garden Street, one minor variance application for Town lands, the encroachment application fee, the encroachment agreement fee, and the annual encroachment fee for a future encroachment agreement onto Town-lands adjacent to 89 Garden Street for use by the owner of 89 Garden Street for vehicle parking.

That Report FS 36-24 regarding the Municipal Asset Management status be received.

That staff be authorized to finalize negotiations with B'Nai Shalom v'Tikvah, Durham Region’s Reform Jewish Synagogue or an alternate religious/non-profit organization for a long-term license of Town-owned property at 508 Colborne Street West in support of a Ukrainian refugee family; That the Mayor and Clerk be authorized to sign a license agreement for 508 Colborne Street West between the Town and B'Nai Shalom v'Tikvah, Durham Region’s Reform Jewish Synagogue (or an alternate religious/non-profit organization) and, if deemed necessary by the Town Solicitor, the occupant identified to receive support, substantially based on the principles outlined in Report FS 41-24 and subject to the satisfaction of the Commissioner of Legal and Enforcement Services/Town Solicitor, and Commissioner of Financial Services/Treasurer; and, That a 2024 capital project for the renovation of 508 Colborne Street West be approved in the amount of $120,000 and funded from the Asset Management Reserve Fund.

That the Town’s cellular phone contract be renewed and be awarded to Bell Canada, as a single source award contract, from August 1, 2024 to December 31, 2030 as outlined in Staff Report FS 43-24.

That report CMS 15-24 be received for information.

That Report CMS 16-24 be received for information; That Council approve the proposed design concept for the new Parks Administration and Maintenance Facility, attached to this report as (Attachments 1-4); and, That a single source contract be awarded to McCallum Sather Associates, for the detailed design and contract administration work, in the amount of $926,300 (plus HST) funded from capital project # 30211305.

That leave be granted to introduce By-laws # 8121-24 to # 8124-24 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 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 4, 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 Council approve Official Plan Amendment Number #140 to the Whitby Official Plan (OPA-2018-W02), as shown on Attachment #14, and that a by-law to adopt Official Plan Amendment Number #140 be brought forward for consideration by Council; 2. That the Clerk forward a copy of the Report PDP 50-24, two (2) copies of the adopted Amendment, and a copy of the bylaw to adopt Amendment Number # 140 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-2018-01), subject to the comments included in Report PDP 50- 24 and the conditions of draft plan approval included in Attachment #18; 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-08-18) as outlined in Report PDP 50-24; 7. That a by-law to amend Zoning By-law # 2585 be brought forward for consideration by Council to implement the first Phase of the development; 8. That the by-law(s) to implement subsequent phases be brought forward for consideration by Council once detailed site plan drawings and a satisfactory Parking rationale have been provided; 9. That the subject site be designated as a Class 4 Noise Area pursuant t

1. That Council approve the Draft Plan of Subdivision (File No. SW- 2021-05) and approve an amendment to Zoning By-law # 1784 (File No. Z-10-21), subject to the comments included in Planning Report PDP-48-24 and the Conditions of Draft Approval included in Attachment #12; 2. That Staff be authorized to prepare a Subdivision Agreement; 3. That a Zoning By-law Amendment be brought forward for consideration by Council; and, 4. 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. 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

Whereas municipalities have been at the forefront of supporting asylum claimants and refugees and providing essential settlement and housing services; and, Whereas the rapid and sharp increase of asylum claims in Toronto, Montreal, Hamilton and other municipalities, particularly in the Greater Toronto and Hamilton Area (GTHA), are putting municipal governments under significant pressure; and, Whereas without federal action, asylum claimants will not have permanent shelter and housing options once they leave temporary accommodations, and the current crisis will continue to grow; and, Whereas refugees and asylum claimants make up over 40% of Hamilton’s population in shelters, and is creating massive pressure on Hamilton’s already overwhelmed shelter system that is under resourced to meet the unique and complex needs of asylum claimants; and, Whereas the supports provided to municipalities to receive asylum claimants are often short-term and focused on emergency response and shelter, but do not ensure permanent settlement and housing options for asylum claimants, including a focus on homeless prevention and long- term stability; and, Whereas the crisis of asylum claimants has inextricable links to the housing, homelessness and mental health crises in Canada and the immense pressure on municipal shelter, transitional and supportive housing systems; and, Whereas equity-deserving communities are disproportionately represented in asylum claimant populations seeking immediate necessa