Regular Council Meeting

That the Regular Council minutes of January 25, 2021 and the Special Council minutes of February 1, February 8 (6:00 p.m.), February 8 (7:00 p.m.), February 22 and February 25, 2021 be adopted.

That the rules of procedure be suspended to allow the delegation to exceed the five minute speaking limit.

That the proclamations for Earth Hour, Limb Loss Awareness Month, Earth Day, and Guillain-Barre Syndrome and Chronic Inflammatory Demyelinating Polyneuropathy Awareness Month, and the flags at half- mast for the National Day of Observance to honour those who have passed away in the previous year due to COVID-19 be endorsed.

1. That Council approve an amendment to Zoning By-law # 1784 (Application No. Z-12-18) for the subject land, to permit the proposed residential development as outlined in Report PL 01-21; and, 2. That a By-law to amend Zoning By-law # 1784, as amended, be brought forward for Council’s approval. Page 6 of 31 Regular Council Minutes March 08, 2021 - 7:00 PM

1. That Council approve Official Plan Amendment Number 121 to Whitby Official Plan (OPA-2020-W/02), as shown on Attachment # 6, and that a By-law to adopt Official Plan Amendment Number 121 be brought forward for consideration by Council; 2. That Council approve an amendment to Zoning By-law # 1784 (Z- 11-20), and that a By-law to amend Zoning By-law # 1784 be brought forward for consideration by Council; 3. That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision; and, 4. That the Clerk forward a copy of the Planning Report PL 06-21, two (2) copies of the adopted Amendment, and a copy of the by- law to adopt Amendment Number 121 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development.

Page 7 of 31 Regular Council Minutes March 08, 2021 - 7:00 PM 1. That Council approve Official Plan Amendment Number 120 to the Whitby Official Plan (File: OPA-2020-W/04), as shown on Attachment # 7, and that a By-law to adopt Official Plan Amendment Number 120 be brought forward for consideration by Council; 2. That Council approve an amendment to Zoning By-law 1784 (File: Z-13-20), and that a by-law to amend Zoning By-law 1784 be brought forward for consideration by Council; and, 3. That the Clerk forward a copy of Planning Report No. PL 07-21, two (2) copies of the adopted Amendment, and a copy of the by- law to adopt Amendment Number 120 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development.

1. That Report PL 08-21 be endorsed as the Town’s comments on the Major Transit Station Area Proposed Policy Directions, as part of the Envision Durham Municipal Comprehensive Review; and, 2. That the Clerk forward a copy of Report PL 08-21 to the Durham Region Planning and Economic Development Department and Page 8 of 31 Regular Council Minutes March 08, 2021 - 7:00 PM the Durham area municipalities.

That the main motion be amended by adding the following as Item 2 and that the remaining items be renumbered accordingly: 2. That the Town of Whitby has undertaken detailed planning following extensive public consultation for the entire Whitby MTSA area and does not support any MTSA provisions that may create an entitlement for additional height or density beyond that currently identified.

1. That Report PL 08-21 be endorsed as the Town’s comments on the Major Transit Station Area Proposed Policy Directions, as part of the Envision Durham Municipal Comprehensive Review; 2. That the Town of Whitby has undertaken detailed planning following extensive public consultation for the entire Whitby MTSA area and does not support any MTSA provisions that may create an entitlement for additional height or density beyond that currently identified; and, 3. That the Clerk forward a copy of Report PL 08-21 to the Durham Region Planning and Economic Development Department and the Durham area municipalities.

That Report PL 09-21 be received for information.

1. That Council approve the requests for exemptions from Town of Whitby Interim Control By-law # 7699-20 for 40 Meadow Court, 18 Hillcourt Avenue, and the property at the northern terminus of Hanover Court; and, 2. That Council not approve the request for an exemption from Town of Whitby Interim Control By-law # 7699-20 for 1509 and 1513 Rossland Road East.

That the Downtown Whitby Development Steering Committee's 2020 Annual Report be received for information.

That the Brooklin Downtown Development Steering Committee's 2020 Annual Report be received for information.

That Report No. FS 05-21 of the Commissioner of Financial Services be received as information.

1. That Part of Byron Street Plan 173 North of Part 1, Plan 40R- 25614, PIN 26541-0172 (LT) (“Property #1”) and Lot 187, Lot 188, Lot 189, Plan 173, Save and Except Parts 1, 6, 7 & 8, 40R- 6470, PIN 26541-0092 (LT) (“Property #2) (collectively

That report FS 11-21 from the Commissioner of Financial Services/Treasurer be received as information.

1. That Public Works Report PW 5-21 Brooklin North Major Roads Environment Assessment (EA) – Environmental Study Report be received for Information; 2. That staff report PW 5-21 be forwarded to the Central Lake Ontario Conservation Authority (CLOCA), Region of Durham, Elexicon, the Ministry of Transportation and the Ministry of Environment Conservation and Parks; 3. That the Final Environmental Study Report be filed in accordance with the Municipal Class EA process and be made available for Page 12 of 31 Regular Council Minutes March 08, 2021 - 7:00 PM agency and stakeholder review; 4. That MD-4149 and MD-5271 be removed from the New and Unfinished Business listing; 5. That staff advise Council if there are any significant comments or concerns following the public consultation; and, 6. That staff continue to develop the strategic 10 year implementation plan for detail design and construction of the new/modified Brooklin Road Network, including but not limited to: scope, staging strategies, further EA work for routes outside the Study Area, design and approvals, route timing, coordination with other agencies, who is doing what from a design and construction perspective, for consideration in future budgets, financial plans and capital programs.

That Report PW 8-21 be received for information.

That Council amend ToR-AC-02 Active Transportation and Safe Roads Advisory Committee Terms of Reference to indicate that the Active Transportation and Safe Roads Advisory Committee shall meet on the second Thursday of the month, six (6) times per calendar year. Page 13 of 31 Regular Council Minutes March 08, 2021 - 7:00 PM

1. That Staff Report CLK 02-21 be received for information; and, 2. That the Clerk be directed to bring forward the draft by-law appended to this Staff Report as Attachment 1 to amend Procedure By-law # 7462-18 in order to provide clarity around the acceptance of petitions.

1. That the Council of the Town of Whitby supports the application made by the Brock Street Distilling Company, located at 244 Brock Street South, Whitby, for a “By The Glass” Manufacturer’s Limited Liquor Sales Licence; and, 2. That the Clerk provide written notice to the Alcohol and Gaming Commission of Ontario (AGCO) and to Brock Street Distilling Company Ltd. notifying them of Council’s resolution confirming its support.

Whereas Council has set a goal of making streets and neighbourhoods safer through traffic calming measures that reduce traffic speeds; and, Whereas traffic speeds in residential neighbourhoods present a safety concern for communities and is a major concern for residents; and, Whereas speed humps are an effective, low-cost tool that are proven to reduce traffic speeds 24 hours a day, 7 days a week with a minimal impact on cyclists and snow clearing; and, Whereas the City of Toronto has developed a Traffic Calming Guide and Traffic Calming Policy that can be referenced by Staff in determining where traffic calming devices including speed humps should be installed in order to reduce impacts to transit and emergency services vehicles; Now therefore, be it resolved: 1. That Staff identify for all new Brooklin and major development draft plans, recommended locations for the installation of permanent traffic calming devices, including but not limited to, speed humps, as part of road construction; 2. That staff review opportunities and locations to include permanent traffic calming measures, including but not limited to speed humps, for West Whitby developments where possible; 3. That staff as part of the status update report on the Robert Atterlsey Speed Hump Pilot, identify a path forward plan for installation of permanent speed humps on existing streets within the Town; and, 4. The Town staff utilize best practice traffic calming standards, including those used by the City of Toro

1. That the Memorandum from K. Narraway, Manager, Legislative Services/Deputy Clerk dated February 19, 2021 regarding Temporary Patio Extensions - Public and Private Property be received for information; and, 2. That Staff be directed to report to Council on opportunities to expand the promotion and uptake of the public property patio program and to make the private property patio program permanent provided all safety, planning, and other compliance matters can be satisfactorily addressed.

That Staff Report CLK 04-21, Customer Service Strategy – Interim Report, be received for information.

1. That the Community Services Report, CMS 04-21 be received as Page 16 of 31 Regular Council Minutes March 08, 2021 - 7:00 PM information; 2. That Staff be directed to begin the Whitby Sports Complex Community Engagement process and present the three (3) Design Concepts; and, 3. That Staff be directed to report back to Council with the recommended design option considering the feedback received through engagement on the project.

1. That Council approve the proposed Whitby Culture Plan, as outlined in Attachment 1 to Report CMS 03-21; 2. That a copy of the approved Whitby Culture Plan be circulated to stakeholders and partners once adopted by Council; and, 3. That an annual update report is presented to Council through a Whitby Culture Plan Report Card, as recommended in the Culture Plan, to monitor and measure implementation and continue community engagement. 4. That further to the correspondence received from the Whitby Public Library and the Whitby Diversity and Inclusion Advisory Committee, that Council endorse the Culture Plan Goal of the Town of Whitby joining the Coalition of Inclusive Municipalities by signing the Coalition’s declaration that a. The Town of Whitby agrees to join the Coalition of Inclusive Municipalities and, in joining the Coalition, endorses the Common Commitments and agrees to develop or adapt its own unique Plan of Action accordingly. b. These Common Commitments and the Town’s unique Plan of Action will be an integral part of the Town’s vision, strategies and policies. c. In developing or adapting and implementing its own unique Plan of Action toward progressive realization of the Common Commitments, the Town of Whitby will cooperate with other organizations and jurisdictions, including other Page 17 of 31 Regular Council Minutes March 08, 2021 - 7:00 PM levels of government, Indigenous peoples, public and private sector institutions, and civil society organizations, all of

1. That report CAO 06-21, Overview of Creative Communities Team in Strategic Initiatives, Office of the CAO, be received for information; 2. That Council fully supports the establishment of a Creative Communities Team within Strategic Initiatives for the Town of Whitby and the key initiatives from the Culture Plan that will be started this year by the Creative Communities team, including the priority of joining the Creative Cities Network of Canada; and, 3. That Staff report to Council on the progress of key initiatives of the Creative Communities Team in 2021 and ongoing as required.

1. That Report CAO 07-21 be received for information; 2. That the updated Special Events Policy appended as Attachment 1 be approved; 3. That the Special Events User Guide (Attachment 2), Special Events Application Form (Attachment 3), and Special Events Procedure (Attachment 4) be received; and, 4. That the Clerk be directed to bring forward a by-law to amend the Special Events Policy By-law # 7506-19 to give effect to the proposed change contained in Report CAO 07-21.

That report CAO-08-21 be received for information.

1. That Report CAO 04-21 be received as information; 2. That the Clerk forward a copy of Staff Report CAO 04-21 to the Region of Durham’s Planning and Economic Development Department, Whitby Chamber of Commerce, 1855 Whitby Tech Accelerator, Downtown Whitby BIA, MPP Lorne Coe and MP Page 19 of 31 Regular Council Minutes March 08, 2021 - 7:00 PM Ryan Turnbull; and, 3. That the Mayor and Clerk be authorized to execute the Memorandum of Understanding with the Region of Durham to participate in the CityStudio pilot project.

1. That Council receive Report # CAO 05-21 for information; and, 2. That Council endorse the BIPOC Connect Talent Initiative.

1. That Report No. FS 07-21 of the Commissioner, Financial Services and Treasurer be received for information; and, 2. That the Town of Whitby’s Investment Policy, approved by Council on March 9, 2020, remain unchanged for 2021.

Page 20 of 31 Regular Council Minutes March 08, 2021 - 7:00 PM 1. That Report PW 07-21 regarding the status of the Des Newman Boulevard Grade Separation project be received for information; 2. That a change order be issued to GHD (the Town’s current Owner Engineer for the Project), in the amount of $250,000 funded from the Des Newman Grade Separation Phase 1 capital project, to proceed with re-evaluation of the Subway (underpass) alternative; and, 3. That staff continue to keep Council updated on the Subway review and any cost related changes, and report back to Council in the summer/fall of 2021 with the results of the Subway review and recommended next steps for the project.

Whereas the Council of the Town of Whitby recognizes the ongoing hardships faced by restaurants, pubs and other food service businesses as a result of mandated closures and patron limits due to Covid-19; and, Whereas municipalities have been working hard to implement and advocate for business supports (such as providing restaurants the ability to access wine, beer and spirits at wholesale or discounted pricing) to ensure more local businesses survive the pandemic; and, Whereas convenience stores have not been mandated to close during the pandemic and have not endured undue hardship like other industries; and, Whereas 7-Eleven Canada has applied to introduce in-store alcohol Page 21 of 31 Regular Council Minutes March 08, 2021 - 7:00 PM service at 61 stores throughout Ontario to leverage their open status as a competitive advantage; and, Whereas approval by the Alcohol and Gaming Commission of Ontario (AGCO) would mean exposing an already vulnerable and hard-hit restaurant/bar industry to further competition; and, Now Therefore be it Resolved: 1. That the Council of the Town of Whitby oppose 7-Eleven Canada’s proposal to serve alcohol at this time, and ask that the AGCO defer any liquor licensing process until all restaurants/bars in Ontario are able to reopen at full capacity; and, 2. That the Clerk circulate a copy of this resolution to the AGCO; Hon. Doug Downey, Attorney General; Hon. Steve Clark, Minister of Municipal Affairs and Housing; Hon. Prabmeet Sarkaria, Associate

Whereas Council’s priority is to enhance economic development; and Whereas Durham College has an existing feasibility study for an agricultural centre; and, Whereas the Durham Region Federation of Agriculture has an existing feasibility study for a Durham Region agricultural centre of excellence including Luther Vipond Memorial Arena as a potential site; and, Whereas the Federal Government has funding grants available for agricultural projects in conjunction with the Rouge River National Agriculture Park Lands; and, Whereas the Provincial Government has funding grants available for Page 22 of 31 Regular Council Minutes March 08, 2021 - 7:00 PM agricultural projects; and, Whereas the Town of Whitby will undergo a Master Plan strategy for Brooklin Memorial Park in 2022; and, Whereas hubs for various industries have proven to accelerate business and job opportunities; and, Whereas agricultural technology is one of the fastest growing technologies; and, Whereas the global pandemic has shown the need for local food resources and the weakness of the delivery chain; and, Whereas the future growth of Whitby and Brooklin will absorb large spaces of farm fields; and, Whereas global warming will change the way we produce food; and, Whereas environmental sustainability is a priority for our municipality and the world; and, Whereas a regional agriculture centre of excellence meets the following Council Goals: • To deliver local jobs and prosperity through strategic planning and promotion

Whereas the expansion of the Digital Main Street (DMS) program in 2020 has been a critical support in helping businesses adopt new technology during the COVID-19 pandemic; and Whereas the Digital Main Street Program in Whitby is administered by the Business Advisory Centre Durham (BACD) and the Downtown Whitby Business Improvement Area (BIA); and, Whereas these new DMS programs have helped both nurture new technology based businesses in our region and provided virtual hands on support and solutions for businesses to access new customers while managing new COVID-19 health and safety measures; and Whereas the DMS base program has served 435 businesses across the region including 121 in the Town of Whitby, and the DMS ShopHERE program has served 585 businesses across the region including 107 in the Town of Whitby; and Page 24 of 31 Regular Council Minutes March 08, 2021 - 7:00 PM Whereas current funding for the DMS program ends in March 2021; and Whereas our small business community faces ongoing barriers to technology adoption and lack of resources to implement these technologies that are necessary to remain competitive in light of COVID- 19 impacts to their business; and Whereas Canada's economy will rely on entrepreneurs in both the technology and the main street business sectors to drive economic recovery, job creation and economic growth; and Whereas the DMS program can continue providing virtual hands on support to small business to accelerate the adoption of new technolog

1. That Report FS 06-21 of the Commissioner of Financial Services be received for information; 2. That The Corporation of the Town of Whitby’s Audited Consolidated Financial Statements for the year ended December 31, 2019 be approved; and, 3. That Deloitte LLP be engaged to perform the audit of the Town of Whitby’s financial statements for the years ending December 31, 2021.

That leave be granted to introduce By-laws # 7722-21 to # 7730-21 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 Procedural By-law #7462-18, Closed Meeting Policy G 040, and the Municipal Act, 2001, Section 239 (2)(b) personal matters about an identifiable individual, including municipal or local board employees.

That Council rise from the closed portion of the meeting.

That Council appoint Venita Anderson to the Whitby Diversity and Inclusion Advisory Committee for the term ending November 14, 2022 or until a successor is appointed.

That Council appoint Shawnita Foster and Vincent Kang to the Road Watch Committee for the term ending November 14, 2022 or until a successor is appointed.

That Council appoint Harry Agar to the Groveside Cemetery Board for the term ending November 14, 2022 or until a successor is appointed.

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 8, 2021 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 30 of 31 Regular Council Minutes March 08, 2021 - 7:00 PM

That the meeting adjourn.