Regular Council Meeting

That the Special Council minutes of June 24, 2019, the Regular Council minutes of June 24, 2019, and the Special Council minutes of September 9, 2019 be adopted.

That the rules of procedure be suspended in order to to hear registered delegations who did not previously speak at Committee with respect to PW 23-19, Update to the Traffic By-law 1862-85, Schedule N.

That Council appoint Sean O'Dwyer to the Animal Services Appeal Committee for the term ending November 14, 2022 unless otherwise stated or until a successor is appointed.

Whereas Council believes that the proposed development by Bara Group (Whitby) Inc. at 1201 & 1207 Brock Street South and 1200 & 1202 Green Street is incompatible with the surrounding community due to the height of the proposed development, the density of the proposed Page 6 of 36 Regular Council Minutes September 23, 2019 - 7:00 PM development, traffic management concerns in the surrounding community, and pedestrian safety in the nearby area; and, Whereas Council believes that the Official Plan and its associated policies are useful planning tools that, when applied correctly, should be considerate of the surrounding community as we attempt to meet the required objectives and policies under the Provincial Growth Plan and the Provincial Policy Statement; and, Whereas Council believes that a development with the minimum required intensification complies with the Official Plan, Provincial Growth Plan, and the Provincial Policy Statement just as much as a development on the highest-end of permitted intensification; and, Whereas the development proposes the maximum building height and density amounts permitted by the Official Plan policies, which will result in the surrounding community being subjected to the highest volume of residents and associated traffic contemplated by the policies; and, Whereas the proposed development does not have direct southbound vehicle access to Brock Street South due to the Region of Durham’s traffic management policies, meaning that a significant po

1. That Council approve the Draft Plan of Subdivision (File SW- 2018-03) subject to the comments included in Planning Report PL 76-19 and the Conditions of Draft Plan Approval included in Attachment #12; 2. That Staff be authorized to prepare a Subdivision Agreement; 3. That the Region of Durham Commissioner of Planning be advised of Council’s decision; 4. That Council appoint the firm of Williams and Stewart Associates as the Control Architect for the Draft Plan of Subdivision; 5. That the Clerk forward a Notice to those parties and agencies that requested to be notified of Council’s decision; 6. That Council approve an amendment to Zoning By-law 2585 (File Z-17-18) as outlined in Planning Report PL 76-19; 7. That a By-law to amend Zoning By-law 2585 be brought forward for consideration by Council; 8. That a By-law to authorize the sale of Part of Lot A, Plan 70 to Andrin Homes be brought forward for consideration by Council, in accordance with the recommendations contained in Report CS 03-18; and, 9. That staff be authorized to bring forward a By-law to dedicate the future Sobczak Drive as public highway at such time as the road is completed, to the satisfaction of the Public Works Department.

1. That Council approve an amendment to Zoning By-law No. 2585 Page 9 of 36 Regular Council Minutes September 23, 2019 - 7:00 PM (Application #Z-27-18) to permit a 6-storey residential apartment building on the subject land; and, 2. That the Zoning By-law Amendment be brought forward for consideration by Council.

That Council adopt the revised policy MS 070.

1. That Council approve the Terms of Reference for the Comprehensive Zoning By-law Study as outlined in Attachment #1 to Report PL 72-19; 2. That Council authorize staff to issue a Request for Proposal (RFP) for the Comprehensive Zoning By-law Study to obtain submissions and to select a qualified and preferred consultant within the allocated funds of the capital budget; and, 3. That item MD-3568 be removed from the New and Unfinished Business List.

That the property municipally known as 700 Winchester Road East be removed from the Town’s Municipal Heritage Register.

1. That Staff report back on opportunities to accommodate placement of a bronze statue of Sir William Stephenson; 2. That Staff explore alternate locations including Downtown Whitby; and, 3. That Staff review opportunities for an expanded installation that supports the Town’s need for public art.

Page 11 of 36 Regular Council Minutes September 23, 2019 - 7:00 PM 1. That Council endorse the bid submission by Sport Durham to host the 2022 Ontario Summer Games; 2. That if Sport Durham is successful in securing the Ontario Summer Games that Iroquois Park Sports Centre be the host site for the Box Lacrosse and Port Whitby Marina be the host site for the Sailing; and, 3. That if Iroquois Park Sports Centre and Port Whitby Marina host events for these competitions that the rental fees be waived.

1. That Council approve the 2019 – 2023 Youth Strategy and the recommendations contained within; and, 2. That Council direct Staff to proceed with the implementation of the recommendations outlined.

1. That Council direct staff to undertake public consultation for the proposed North Whitby Sports Complex; 2. That Council direct staff to make a funding application to the Page 12 of 36 Regular Council Minutes September 23, 2019 - 7:00 PM Investing In Canada Infrastructure Program: Community Culture and Recreation stream to offset costs of the North Whitby Sports Complex; and, 3. That Staff report back to Council in Q2 2020 on the public consultation feedback, proposed facility concept designs and other project milestones.

That the 2019-2022 Work Plan for the Whitby Sustainability Advisory Committee be received for information.

1. That “Growing Resilience: Durham Region Agricultural Sector Climate Adaptation Strategy” dated April 2019 (Attachment #1) be endorsed in principle; and, 2. That Town Staff be authorized to support the objectives of the Durham Region Agricultural Sector Climate Adaptation Strategy and bring forward for Council consideration and direction any actions required for implementation that affect the Town of Whitby. Page 13 of 36 Regular Council Minutes September 23, 2019 - 7:00 PM

1. That Council endorse in principle the commitment to the Global Covenant of Mayors (GCoM), including pledging to reduce and avoid GHG emissions, prepare for the impacts of Climate Change, increase access to sustainable energy, and track progress towards these objectives; 2. That the Mayor of Whitby endorse the Global Covenant of Mayors on behalf of Council; and 3. That the Clerk be directed to circulate this resolution and a copy of Report CAO 25-19 to the Region of Durham, Whitby’s M.P. and M.P.P and all major party candidates for Whitby in the upcoming federal election.

3. That an all-way stop control be installed at the intersection of Bradley Drive and Robinson Crescent/Evensong Drive; Page 14 of 36 Regular Council Minutes September 23, 2019 - 7:00 PM 4. That an all-way stop control be installed at the intersection of Bassett Boulevard and Stargell Drive; 5. That an all-way stop control be installed at the intersection of Winterberry Drive and Fencerow Drive; 6. That an all-way stop control be installed at the intersection of Michael Boulevard and Calais Street; 7. That the cost for signage and installation, in the order of $18,000, be funded from the Public Works Traffic and Transportation Capital Account, for the installation of additional stop signs, pavement markings and temporary advance stop ahead warning signage; 8. That Council authorize the Clerk to bring forward the necessary By- law amendment to Traffic By-law 1862-85, for Council approval; and, 9. That a copy of the Report PW 23-19 be provided to the Durham Regional Police Service.

1. That an all-way stop control be installed at the intersection of Promenade Drive and Rushlands Crescent/Sandgate Street; 2. That an all-way stop control be installed at the intersection of Promenade Drive and Debosky Court;

1. That an all-way stop control be installed at the intersection of Promenade Drive and Rushlands Crescent/Sandgate Street; 2. That an all-way stop control be installed at the intersection of Promenade Drive and Debosky Court; 3. That an all-way stop control be installed at the intersection of Bradley Drive and Robinson Crescent/Evensong Drive; 4. That an all-way stop control be installed at the intersection of Bassett Boulevard and Stargell Drive; 5. That an all-way stop control be installed at the intersection of Winterberry Drive and Fencerow Drive; 6. That an all-way stop control be installed at the intersection of Michael Boulevard and Calais Street; 7. That the cost for signage and installation, in the order of $18,000, be funded from the Public Works Traffic and Transportation Capital Account, for the installation of additional stop signs, pavement markings and temporary advance stop ahead warning signage; 8. That Council authorize the Clerk to bring forward the necessary By-law amendment to Traffic By-law 1862-85, for Council approval; and, 9. That a copy of the Report PW 23-19 be provided to the Durham Regional Police Service.

1. That Council approves the Community Safety Zones for EA Fairman Public School as identified in Attachment 1 and Attachment 2; 2. That Council authorize an expenditure of $2,000 to be funded from the Public Works Traffic and Transportation Capital Account, for the installation of Community Safety Zones signage; 3. That Traffic By-law 1862-85 be amended to alphabetically incorporate the proposed changes to Schedule W: Community Safety Zones; 4. That Council authorize the Clerk to bring forward the necessary By-law amendment regarding Community Safety Zones on Town of Whitby roadways; and, 5. That the Public Works Report PW 24-19 regarding designation of Community Safety Zones in the vicinity of EA Fairman Public School be forwarded to the administration of EA Fairman Public School, the Durham District School Board, Durham Regional Police Service and Durham Student Transportation Services for their information and action.

1. Update Schedule A of the Traffic By-law 1862-85, No Stopping restrictions (August to June, Monday through Friday, 8:00 a.m. to 9:00 a.m., 11:15 a.m. to 12:25 p.m. and 3:00 p.m. to 4:00 p.m.) on both sides of Nathan Avenue between 30m east of the pedestrian walkway leading to Winchester Public School and St. Page 17 of 36 Regular Council Minutes September 23, 2019 - 7:00 PM Augustine Drive; 2. That the cost for signage and installation, in the order of $2,500, be funded from the Public Works Traffic and Transportation Capital Account; 3. That Council authorize the Clerk to bring forward the necessary By-law amendment to Traffic By-law 1862-85, for Council approval; and, 4. That the Clerk be authorized to forward Report PW 25-19 to Winchester Public School, the Durham District School Board, Durham Student Transportation Services and Durham Region Police Service for their information.

1. That Council adopt the Committee of the Whole Standing Committee structure of Council going forward; and, 2. That Council adopt the Standing Committee, Council and Public Meetings schedule for 2020 as shown in Attachment 1, save and except that the December 14th Committee of the Whole meeting be eliminated and the December 21st Council meeting advanced to December 14th.

1. That further to By-law #7241-17 authorizing the use of optical scan vote tabulators for municipal elections in the Town of Whitby, Council hereby reaffirms the use of vote tabulators for the 2022 Municipal Election; 2. That Council hereby authorizes an alternative voting option of Special Mail-in Ballots for the 2022 Municipal Election and directs the Clerk to bring forward the necessary by-law: 3. That the Clerk and Treasurer shall have the authority to procure goods and services and enter into contracts and agreements necessary for the conduct of elections, in order to ensure the timely conduct of elections; and, 4. That the Clerk be directed to update the Delegation of Powers and Duties Policy G 020 accordingly.

That report CS 33-19 of the Commissioner of Corporate Services/Treasurer be received as information.

1. That Report No. CS 46-19 Prudent Investor Standard for Municipal Investments: Options Analysis of the Commissioner of Corporate Services/Treasurer be received for information; 2. That Council endorse Town staff working with ONE Investment to establish a new Joint Investment Board and implement the Prudent Investor regime, including a new Investment Policy Statement for the Town and any other related agreements; and, 3. That staff report back on the new Investment Policy incorporating the Prudent Investor opportunities prior to bringing forward a final recommendation related to adopting a Prudent Investor by-law.

1. That Council approves the advancement of the Development Charge Background Study and Long Range Financial Plan Update project to permit the undertaking of an update to the Page 20 of 36 Regular Council Minutes September 23, 2019 - 7:00 PM Development Charge Background Study, a Community Benefits Strategy and a Long Range Financial Plan; 2. That Council approves a total budget of $337,750 for these studies; 3. That Council approves the sole source for Hemson Consulting Ltd to undertake these studies; and, 4. That Council approves the temporary Financial Analyst position for a period of up to 18 months.

5. That Council requests the province release drafts of the regulations associated with Bill 108 with a reasonable consultation period with the Town of Whitby (and municipalities) in advance of passage.

1. That Council approves the advancement of the Development Charge Background Study and Long Range Financial Plan Update project to permit the undertaking of an update to the Development Charge Background Study, a Community Benefits Strategy and a Long Range Financial Plan; 2. That Council approves a total budget of $337,750 for these studies; 3. That Council approves the sole source for Hemson Consulting Ltd to undertake these studies; and, 4. That Council approves the temporary Financial Analyst position for a period of up to 18 months. 5. That Council requests the province release drafts of the regulations associated with Bill 108 with a reasonable consultation period with the Town of Whitby (and municipalities) Page 21 of 36 Regular Council Minutes September 23, 2019 - 7:00 PM in advance of passage.

That report CS 48-19 is received for information.

1. That Council approves the updated Disposition of Operating Surplus Policy F 010 included in Attachment 1 of this report; 2. That Council approves the Reserve and Reserve Fund Policy included in Attachment 2 of this report; 3. That Council approves the Corporate Development Reserve Policy included in Attachment 3 of this report; 4. That MD 4979 regarding the Corporate Development Reserve Policy be deemed complete and removed from the New and Unfinished Business list; 5. That Council approves the updated Growth Reserve Fund Policy F 050 included in Attachment 4 of this report; 6. That Council approves the conversion of the Asset Management Reserve into a Reserve Fund; 7. That Council approves the updated Asset Management Reserve Fund Policy F 040 included in Attachment 5 of this report; 8. That Council approves the conversion of the Long Term Finance Reserve Fund into a Reserve; and, 9. That Council approves the updated Long Term Finance Reserve Page 22 of 36 Regular Council Minutes September 23, 2019 - 7:00 PM Policy F 030 included in Attachment 6 of this report.

1. That the Town obtain an easement over Part 1, Plan 40R-30630, at the southeast corner of Brock Street North and Taunton Road East, (the “Easement”) as shown on Attachment 1 to this report; 2. That a by-law be brought forward authorizing the acquisition of the Easement; and, 3. That the Mayor and Clerk be authorized to execute the necessary documents to give effect thereto.

1. That report No. CS 51-19 of the Commissioner of Corporate Services/Treasurer is received as information; and, 2. That the Treasurer be authorized to draw from reserves/reserve funds as required for the purposes of addressing the actual year- end position.

1. That Council endorses the comments to Metrolinx contained in Report LS 14-19 regarding Metrolinx’s attempt to sell naming rights to GO Stations, including the Whitby GO Station; and, 2. That Council direct staff to send to Metrolinx and the Minister of Transportation a copy of this report and a letter highlighting Council’s endorsed position regarding the sale of GO Station naming rights.

1. That Council approve the request by Metrolinx for a two year extension to the existing parking lot lease on Town property at the northeast corner of Henry Street and Victoria Street West; and, 2. That the Town Solicitor and the Treasurer be delegated the authority to execute any such agreement or document on behalf of the Town which may be necessary to give effect to the extension of the lease term.

1. That Council approve the budget of $139,900 for the Accessible Signage and Wayfinding Study be advanced to Q4, 2019; 2. That staff be directed to initiate an RFP for an Accessible Signage and Wayfinding Study; and, 3. That Staff be directed to report to Council with a recommended Accessible Signage and Wayfinding Standard upon completion of the study.

1. That Council receive report CMS 23-19 as information; 2. That Council endorse the comments in report CMS 23-19 as the Town of Whitby's response to the call for comments from the Province of Ontario; and, 3. That Council direct the Accessibility Staff to submit comments to the Province on behalf of the Town and to meet the public comment deadline of September 27, 2019.

Whereas flooding along Lake Ontario’s shoreline has adverse Page 25 of 36 Regular Council Minutes September 23, 2019 - 7:00 PM environmental, social and financial effects to the Town of Whitby; And whereas the Town of Whitby has experienced flooding events in 2017 and 2019; And whereas lake levels will continue to become more unpredictable as a result of climate change and related severe weather events, aging infrastructure in communities surrounding the Great Lakes, and pressures from population growth, resulting in a higher likelihood of reoccurring flooding; And whereas the property tax base does not provide an adequate source of funding to carry out effective flood management and response measures including the rebuilding of existing infrastructure to ensure the resiliency of our community and those located along the shorelines of the Great Lakes; Now Therefore be it Resolved: 1. That the Council of The Town of Whitby requests that the Provincial and Federal governments provide additional resources to municipalities and conservation authorities to construct flood resilient infrastructure and undertake flood management and mitigation measures designed to withstand future climate change concerns; and, 2. That the Clerk be directed to forward a copy of this resolution to the Ontario Ministers of Environment, Conservation and Parks, Natural Resources and Forestry, Infrastructure, Finance, and Municipal Affairs and Housing; Federal Ministers of Environment and Climate Change,

1. That the Region of Durham be requested to provide information to Whitby Council on opportunities for beautification of Thickson Road south of Dundas Street and north of Highway 401; 2. That Town Staff, in consultation with the Region of Durham, investigate the placementof a “Welcome to Whitby” sign visible to those exiting Highway 401 at Thickson Road; and, 3. That the Clerk be directed to circulate this resolution to Durham Region’s Clerk and Commissioner of Public Works.

Whereas the Federation of Canadian Municipalities (FCM) advocates for municipalities to ensure that local needs and priorities are reflected in federal policies and programs; and Whereas residents rely on municipal governments every day to provide quality, round-the-clock services; and Whereas municipal governments have three choices when seeking to increase revenues – ask the provincial and federal governments for more, raise user fees, or raise property taxes; Now Therefore be it Resolved: 1. That Whitby Council endorse the Federation of Canadian Municipalities’ 2019 municipal vision for the 2019 federal election: Building Better Lives, which includes the following recommendations to address funding challenges: a. Renew Canada’s core infrastructure. Permanently double the Page 27 of 36 Regular Council Minutes September 23, 2019 - 7:00 PM Gas Tax Fund transfer to renew the roads, bridges, water systems and other infrastructure that supports our quality of life. Then boost its annual growth to 3.5 percent to keep pace with construction costs. b. Build tomorrow’s public transit. Launch a permanent, direct federal funding mechanism for 21st century public transit – unlocking local expertise to cut commutes, lower emissions and provide affordable access to everything our communities have to offer. c. Tackle housing affordability. Continue boosting access to social and affordable housing for low-income Canadians, while engaging directly with municipalities to tackle the wider dis

Whereas By-law #6917-14 is a By-law to prohibit and regulate noise within the Town of Whitby; and, Whereas the Council of The Town of Whitby considers the prohibition and regulation of noise within the Town to be in the interest of the community as set out in the preamble of the by-law; Now Therefore be it Resolved: That the Staff be directed to review the by-laws of the Town of Ajax, City of Oshawa, City of Toronto and the City of Penticton, British Columbia and to provide recommendations to Council to amend Noise By-law #6917-14 to enhance its effectiveness in addressing the issue of unreasonable noise.

Whereas Whitby has declared a Climate Emergency; and, Page 29 of 36 Regular Council Minutes September 23, 2019 - 7:00 PM Whereas Single Use Plastics continue to pollute the planet; and, Whereas the Federal Government is issuing a ban of all single use plastic by 2021; Now Therefore be it Resolved: That Council direct Staff to report back by the end of Q1 2020 with a phased in plan to ban single use plastics, identifying budgetary impacts for pilot projects in aiding our small business community with the transition, and Staff should work directly with Staff at the Region of Durham, where appropriate, to ensure consistency throughout the plan.

Whereas community safety is a concern throughout the municipality; and, Whereas the province is considering the limits of Community Safety Zones related to schools as part of their safety initiative; Page 30 of 36 Regular Council Minutes September 23, 2019 - 7:00 PM Now Therefore be it Resolved: That following anticipated changes to provincial legislation, staff are to review Community Safety Zones regarding zone boundaries surrounding all elementary schools and high schools and report back in Q3 of 2020.

Whereas the Town of Whitby has declared a climate emergency; and, Whereas District Energy is an initiative that can be rooted in renewable energies and provides a resilient and reliable energy system; Now Therefore be it Resolved: That Council direct Staff to complete a pre-feasibility study with the assistance of outside parties such as Enbridge to allow for consideration of District Energy and renewable energies to be features included in the design for the future North Whitby Recreation Centre, the proposed Lakeridge Health Precinct, and the surrounding appropriate infrastructure.

1. That Report CS 45-19 of the Commissioner of Corporate Services/Treasurer be received for information; and, 2. That Deloitte LLP be engaged to perform the audit of the Town of Whitby's Financial Statements for the year ending December 31, 2019 and 2020.

That the rules of procedure be suspended and notice requirements dispensed with in order to introduce a motion regarding Nova's Ark, 7505 Cedarbrook Trail - Planning Application Fees. Page 32 of 36 Regular Council Minutes September 23, 2019 - 7:00 PM

That Council directs that a grant be provided to cover the planning application fees for an Official Plan Amendment and Zoning By-law Amendment associated with Nova’s Ark, 7505 Cedarbrook Trail.

That leave be granted to introduce By-laws # 7544-19 to # 7559-19 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.

Page 35 of 36 Regular Council Minutes September 23, 2019 - 7:00 PM 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 September 23, 2019 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 the proclamations for British Home Child Day, Wrongful Conviction Day, Durham Mental Health Day, Ontario Public Library Week, Waste Reduction Week, World Polio Day, and RETT Syndrome Awareness Month be endorsed.