Regular Council Meeting

That the Regular Council minutes of January 31, 2022 and the Special Council minutes of January 31, February 7, February 17, and February 28, 2022 be adopted.

That the rules of procedure be suspended to hear the delegations from Ashley Collins and Barry Weintraub regarding Item 6.4, Planning and Development (Engineering Services) Department Report, PDE 07-22, the delegation from Cynthia Reedyk regarding Item 6.5, Thistledown Crescent Emergency Access Review, and the delegations from Penny Whitehead, Elizabeth Leishman, Karen Latino, Sophia Cal, Roy Tighe Parker, Philip Hlady, and Sue Byer regarding Item 7.9, Legal and Enforcement Services Department Report LS 04-22.

That the proclamations for Earth Hour, Menstrual Health Day, and Year of the Garden, and the flag raising for Pakistan Day be endorsed.

1. That Staff be directed to provide the comments within the memorandum from S. Klein, Director, Strategic Initiatives, dated March 2, 2022 regarding Proposed Changes for the Next Edition of Ontario's Building Code, to the Environmental Registry of Ontario regarding the changes to the Ontario Building Code pertaining to energy performance and greenhouse gas emissions. Page 11 of 30 Regular Council Minutes March 07, 2022 - 7:00 PM 2. That the Clerk be directed to send correspondence to the Minister of Municipal Affairs and Housing requesting the Province to: a. Ensure the adoption of the tiered National Building Code model immediately results in higher Energy Efficiency Requirements across all building types in comparison to the current OBC. b. Adopt the National Building Code model that includes the tiered standards alongside a timeframe for advancement to higher tiers to ensure a pathway towards net zero emissions and energy. c. Provide authority to municipalities to require increased performance in energy efficiency through the implementation of tiered and advancing Green Standards. d. Facilitate capacity, education and training in the implementation of the Tiered National Building Code model for municipal planning and building inspection staff, developers, and homebuilders to help build capacity in areas such as airtightness testing, building envelope design and building science. 3. That a copy of this correspondence and memorandum be sent to Durham Region municipalities,

1. That Council approve the proposed Site Plan for the Medium Density Block (Block 1) of approved Draft Plan of Subdivision SW-2019-01 (File Number: SP-16-20), subject to the comments included in Report PDP 10-22; and, 2. That the proponent enter into a Site Plan Agreement with the Town and be responsible for any related fees. Page 12 of 30 Regular Council Minutes March 07, 2022 - 7:00 PM

1. That Council approve the request for a variance to the Town of Whitby Permanent Sign By-law # 7379-18 for 185 Brock Street North subject to: a. The wall sign is intended to be used as a directory for businesses located within the commercial building therefore reducing the amount of signage that currently exists within the main doorway; and, b. The proposed sign not be obtrusive and is in keeping with the business façade and is complementary to the spirit of our Downtown area and in keeping with the building facade.

1. That Report PDP 12-22 be received for information; 2. That MD-5553 be removed from the New and Unfinished Business List; and, 3. That Staff report back on ways to manage digital signage consistent with the Council approved wayfinding and signage strategy. Page 13 of 30 Regular Council Minutes March 07, 2022 - 7:00 PM

That Report PDE 07-22 be

1. That the requirement for the developer of 850 Taunton Road East (349500 Ontario Inc.) to reconstruct the existing emergency Page 16 of 30 Regular Council Minutes March 07, 2022 - 7:00 PM access right-of-way to a full municipal road standard be rescinded; 2. That the developer of 850 Taunton Road East be permitted to utilize the existing emergency access right-of-way as a private driveway to provide access to the proposed development, subject to the developer constructing the private driveway, including sidewalk, to a standard suitable to the Town, and maintaining the driveway to provide continued emergency access to Thistledown Crescent; 3. That the Town provide an easement in favour to 850 Taunton Road East, to provide private driveway access over the Town owned right-of-way; and, 4. That Conditions of Site Plan Approval for 850 Taunton Road East be amended accordingly to affect the above directions.

1. That Staff be directed to report on the following issues: a. undertake consultation with residents on the development of the construction management plan, including preventing access to Thistledown Crescent for the duration of construction at 850 Taunton Road save and except for emergency services; Page 17 of 30 Regular Council Minutes March 07, 2022 - 7:00 PM b. the development of a traffic calming plan for the extension of Thistledown Crescent, which will consider speed humps, radar message board signage, and a raised road platform where Thistledown Crescent meets 850 Taunton Road; c. Following the opening of Thistledown Crescent to Taunton Road, the implementation of a monitoring program with 24/7 traffic counter device to obtain traffic data on speed, volumes, and other metrics and report back to Council within one year of the road opening regarding the traffic impacts of the development and whether any additional traffic calming measures are required; d. Coordinate with Regional Staff to increase the speed of light changes at Garrard and Taunton and review any improvements which may come to the intersection in the future; and, e. Review installing a no exit sign at the entrance to the subdivision off Garrard (Birchpark Drive).

1. That report PDE 01-22 be received for information; and, 2. That Item MD-6159 be removed from the New and Unfinished Business list.

That Staff be directed to report to Council on the feasibility, cost, and related by-law amendments to implement temporary (pop up) permitted parking signage or temporary (pop up) restricted parking signage, as needed with extraordinary weather events, special events, and/or special circumstances.

1. That the Community Services Report, CMS 03-22 be received as information; and, 2. That Staff report back to Council with the tender award results following the bid submissions from the six (6) prequalified General Contractors in accordance with the delegated authority under FS 21-21 for grant related projects.

1. That Council approve the proposed fees as outlined in Attachment 1 to be effective March 8, 2022; and, 2. That the Clerk be authorized to amend the Consolidated Fees and Charges By-law # 7220-17 to include the updated Marina and Harbour Facilities Division (Marina) Fees Schedule.

1. That Tender T-102-2021 be awarded to Green Tractors Inc. in the amount of $452,730.00 (plus applicable taxes) for the supply and delivery of six (6) Tractors for Winter Sidewalk Maintenance, to be funded from the capital projects listed in Table 2 of Report FS 15-22; 2. That the revised cost estimate for the proposed tractor purchases in the amount of $463,698.04, as outlined in Table 1 of Report FS 15-22, be approved; 3. That the budget shortfall in the amount of $76,698.04 be funded from the Asset Management Reserve Fund; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Tender T-109-2021 be awarded to STRONGCO in the amount of $830,900.00 (plus applicable taxes) for the supply and delivery of two (2) 4.0 cu yd. Articulated Wheel Loaders complete with specified attachments and controls to be funded from the capital projects listed in Table 2 of Report FS 19-22; 2. That the revised cost estimate for the proposed loader purchases in the amount of $846,523.84, as outlined in Table 1 of Report FS 19-22, be approved; 3. That the budget shortfall in the amount of $126,524 be funded from the Asset Management Reserve Fund; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Tender T-103-2021 be awarded to Douglas Powertech Enterprises Inc. in the amount of $289,688.00 (plus applicable taxes) for the supply and delivery of two (2) Brush Chippers and one (1) Trailered Tree Stumper to be funded from the capital projects listed in Table 2 of Report FS 20-22; and, 2. That the Mayor and Clerk be authorized to execute the contract documents. Page 21 of 30 Regular Council Minutes March 07, 2022 - 7:00 PM

1. That Council receive as information, the Winter Storm Debrief findings from Fire and Operational Services Department, Operations; 2. That Staff be directed to develop winter maintenance Key Performance Indicators (KPIs) and present the proposed KPIs to Council; 3. That an annual winter maintenance report be presented to Council that reports on key performance indicators and demonstrates how the recommendations within FOS(OS) 01-22 have been implemented.

That the Clerk be directed to bring forward a by-law to amend Responsible Pet Ownership By-law # 7294-17, to regulate the sourcing of domestic animals made available for sale to the public, in accordance with the recommendations contained in Report LS 02-22.

That the Clerk be directed to bring forward a by-law to amend Fence Bylaw # 4394-99 and the Fees and Charges By- law to delegate authority to the Commissioner of Legal and Enforcement Services/Town Solicitor to consider minor fence height exemption requests in accordance with the process and conditions outlined in Section 4 of Report LS 03-22.

That Report LS 04-22 with respect to hedge heights, be

That the Clerk be directed to bring forward a by-law to amend Property Standards By-law # 6874-14, as amended, to introduce additional provisions for the management of vermin in accordance with the recommendations contained in Report LS 04-22.

That in accordance with the Town's Procedure By-law, the Council meeting continue to go past 11:00 p.m. Page 24 of 30 Regular Council Minutes March 07, 2022 - 7:00 PM

1. That Report CAO 04-22 be received for information; 2. That Council endorse the 2022 to 2025 Special Events Strategy as outlined in Attachment 1 to Report CAO 04-22; and, 3. That a copy of the approved Special Events Strategy be circulated by Events staff to stakeholders and partners once adopted by Council.

That Report CAO 06-22, Culture Plan Update - February 2022, be received as information.

Whereas the Town of Whitby currently has two contained off-leash dog parks that are accessible by automobile, but not walkable for most residents; Whereas the community continues to request walkable off-leash dog parks; Whereas Whitby has a high awareness regarding healthy, active and environmentally friendly communities; and, Whereas Enforcement Services is responding to numerous off-leash dog complaints in specific parks throughout the community. Now therefore be it resolved: That staff report back in Q2 of 2022 regarding the feasibility of installing an enclosed off-leash dog park in Optimist Park off Cassels Road in Brooklin, and in any other municipal parks where off-leash by-law issues are a regular occurrence.

1. That Council approve Brooklin Memorial Park as the location for the development of one temporary cricket field (Attachment 1); 2. That Council approve a new 2022 capital project in the amount of $52,000 for the establishment and construction of one temporary cricket field at Brooklin Memorial Park to be funded from the Growth Capital Reserve Fund; 3. That cricket be considered in the research and development of the 2022 Parks and Recreation Master Plan; and, 4. That staff be directed to develop a strategy for the creation of cricket facilities as guided by the Parks and Recreation Master Plan.

That in accordance with the Town's Procedure By-law, the Council meeting continue to go past 11:30 p.m.

That leave be granted to introduce By-laws # 7859-22 to # 7868-22 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 Page 29 of 30 Regular Council Minutes March 07, 2022 - 7:00 PM Council of the Town of Whitby at its regular meeting held on March 7, 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.