Regular Council Meeting Agenda January 25, 2021 – 7:00 PM Virtual Meeting

Due to the ongoing COVID-19 pandemic, this Council meeting will be held in a virtual meeting format. Members of the public will not be permitted to attend this meeting in- person, however, the meeting is available for viewing through the Town's live stream feed at www.whitby.ca/committee.

Should you wish to provide comments regarding a matter being considered below, please submit written correspondence and/or a Delegation Request Form.

• To submit written correspondence, please email the Office of the Town Clerk at [email protected] by noon on the day of the meeting. Written correspondence must include your full name, address, and the item on the agenda that your correspondence is related to.

• To speak during the Council meeting, please submit a Delegation Request Form online to the Office of the Town Clerk by noon on the business day prior to the date of the meeting. Should you be unable to access a computer, please call 905.430.4315 to speak with a Staff Member in the Office of the Town Clerk.

If you do not wish to participate, but wish to watch the meeting, it will be available for live viewing through the Town’s live stream feed at www.whitby.ca/committee.

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Call to Order: The Mayor

Call of the Roll: The Clerk

1. Declarations of Pecuniary Interest

2. Adoption of Minutes

2.1 Regular Council - December 14, 2020 11 - 43 Special Council - January 18, 2020

3. Presentations

3.1 Eva Reti, Chair of the Board, Durham Region Hospice - Whitby Re: Durham Region Hospice - Whitby Residence Update

3.2 Colin Thomson, Unit Leader and Duane Judd, Member, Pickering Auxiliary Rescue Association (PARA) Marine Search and Rescue Re: Annual Report

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4. Delegations

4.1 Mariam Boni Re: Community Services Department Report, CMS 01-21 West Whitby Unnamed District Park

Refer to Item 9.1, CMS 01-21

5. Correspondence

5.1 That the following requests be endorsed: • January 2021 - Tamil Heritage Month • January 28, 2021 - Bell Let's Talk Day • January 28, 2021 - Flag Raising - Bell Let's Talk Day • January 29, 2021 - Durham Region Hospice Awareness Day • February 11, 2021 - National 211 Day • February 18 - 22, 2021 - Flag Raising - Scouts Canada • February 21 - 27, 2021 - Scout-Guide Week • February 22 - 26, 2021 - Flag Raising - Girl Guides of Canada • May 19, 2021 - Personal Support Worker Day

Recommendation: That the proclamations for Tamil Heritage Month, Bell Let's Talk Day, Durham Region Hospice Awareness Day, National 211 Day, Scout-Guide Week, and Personal Support Worker Day and the flag raisings for Bell Let's Talk Day, Scouts Canada, and Girl Guides of Canada be endorsed.

5.2 Correspondence # 2021-22, from J. Kendall, President, Board of 44 Directors, Otter Creek Co-Operative Homes Inc., dated January 8, 2021 Re: Lands - Plan M1067 - McQuay Blvd.

Recommendation: That Correspondence # 2021-22 dated January 8, 2021 and received from Jill Kendall, President, Board of Directors, Otter Creek Co-Operative Homes Inc., Re: Lands – Plan M1067 – McQuay Blvd., be received for information.

6. Committee of the Whole Report Planning and Development - January 11, 2021

6.1 Elaine Baxter-Trahair, Chief Administrative Officer, Stella Danos- Papaconstantinou, Commissioner, Social Services, Alan Robins, Director, Housing Services, Jenni Demanuele, Director, Business Services, Gary Muller, Director of Planning, John Henry, Regional Chair, Region of Durham, and Warren Price, Urban Strategies Re: Redevelopment Opportunity - 590 and 650 Rossland Road

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Recommendation: Whereas Council supports the need for affordable housing that is compatible and integrated with existing neighbourhoods; and,

Whereas Council supports the efforts of Staff to identify the need for all types of housing in Whitby;

Now Therefore be it Resolved:

That Staff report back on the site redevelopment opportunity for 590 and 650 Rossland Road East throughout the redevelopment process while ensuring ongoing consultation with the community.

6.2 Correspondence # 2020-919 received by C. Harris, Town Clerk, from S. Mitchell, Senior Development Manager, Land and Housing Development, Brookfield Properties, dated November 26, 2020 regarding Whitby Fire Hall Redevelopment - Station No. 3, Cash-in-Lieu of Parkland, Brookfield Residential (Ontario) Station No. 3 Limited

Recommendation: Whereas the Town’s Official Plan and the Planning Act provides for the payment of cash-in-lieu of parkland as an alternative when a developer cannot provide actual land for parks within a residential development;

Whereas, when cash-in-lieu of parkland is required before residential development can proceed, the amount to be paid to the Town is equal to the value of 1 hectare of land for each 500 dwelling units to be constructed;

Whereas the Town has adopted policies to support residential growth and economic development within Downtown Whitby, including policies contained in the Downtown Whitby CIP; and,

Whereas the current cash-in-lieu of parkland rate results in a payment that can exceed the value of the land being developed in the Historic Downtown Whitby Priority Area of the Downtown Whitby CIP, thereby discouraging the type of residential development that the Town is seeking to attract to this neighbourhood.

Now therefore be it resolved:

1. That Correspondence # 2020-919 received by C. Harris, Town Clerk, from S. Mitchell, Senior Development Manager, Land and Housing Development, Brookfield Properties, dated November 26,

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2020 regarding Whitby Fire Hall Redevelopment - Station No. 3, Cash-in-Lieu of Parkland, Brookfield Residential (Ontario) Station No. 3 Limited, be received for information; and, 2. That staff be directed to report to Council as soon as possible regarding establishing a reduced alternative cash-in-lieu of parkland rate for the Historic Downtown Whitby Priority Area within the Downtown Whitby CIP.

6.3 Planning and Development Department Report, PL 02-21 Re: Envision Durham – Employment Area Conversion Requests

Recommendation: 1. That Planning Report PL 02-21 be endorsed as the Town’s comments on the Employment Area Conversion Requests submitted to the Region of Durham, as part of the Envision Durham Municipal Comprehensive Review; and, 2. That the Clerk forward a copy of Planning Report PL 02-21 to the Durham Region Planning and Economic Development Department and the Durham area municipalities.

7. Committee of the Whole Report General Government - January 11 and 18, 2021

7.1 Correspondence # 2020-920 received by C. Harris, Town Clerk, from D. Moller dated December 2, 2020 regarding a request for an exemption from Fence By-law # 4394-99 at 48 Flint Crescent related to the rear and side fences

Recommendation: 1. That correspondence # 2020-920 from D. Moller dated December 2, 2020 regarding a request to amend Fence By-law # 4394-99 at 48 Flint Crescent related to the rear and side yard fences be received for information; and, 2. That Staff be directed to circulate notice of the exemption request to the neighbouring properties that are directly affected by the applicant’s exemption request providing 20 days to indicate support or objection to the request and that Staff be directed to report to Council recommending approval of the exemption should there be no objections registered.

7.2 Correspondence # 2020-964 received by C. Harris, Town Clerk, from S. Larochelle dated December 15, 2020 regarding a petition opposed to the Town of Whitby issuing parking tickets for vehicles parked sideways on the paved portion of the boulevard

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Recommendation: 1. That Correspondence # 2020-964 received by C. Harris, Town Clerk, from S. Larochelle dated December 15, 2020 regarding a petition opposed to the Town of Whitby issuing parking tickets for vehicles parked sideways on the paved portion of the boulevard, be received for information; and, 2. That Staff provide a Report to Council regarding the petition with information on parking enforcement measures and associated Traffic By-law issues during the pandemic by the April 12, 2021 Committee of the Whole meeting.

7.3 Fire and Emergency Services Department Report, FR 01-21 Re: Master Fire Plan – Implementation Update

Recommendation: That report FR 01-21 be received as information.

7.4 Financial Services Department Report, FS 02-21 Re: Temporary Borrowing By-law

Recommendation: That a by-law be brought forward to authorize the external temporary borrowing of an amount up to $50,798,000 from January 1, 2021 to September 30, 2021 and up to $25,399,000 between October 1, 2021 and December 31, 2021.

7.5 Office of the Chief Administrative Officer Report, CAO 01-21 Re: Corporate Information Technology Strategic Plan - Update

Recommendation: That the Corporate Information Technology Strategic Plan progress update report be received for information.

7.6 Correspondence # 2020-970 received by C. Harris, Town Clerk, from Karey Anne Large, Executive Director, Downtown Whitby Business Improvement Area dated December 16, 2020 regarding the Downtown Whitby Business Improvement Area Board of Management Director Appointments.

Recommendation: That Jayne Flieler, Peter Nelis, and Sandra Welch be appointed as Directors to the Downtown Whitby Business Improvement Area Board of Management for a term ending November 30, 2022.

7.7 Office of the Town Clerk Report, CLK 01-21 Re: Ward Population Review

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Recommendation: That Staff Report CLK 01-21 be received for information.

7.8 Community Services Report, CMS 02-21 Re: Community Services Department – 2021 Marina Harbour Division Fees

Recommendation: 1. That Council approve the proposed fees as outlined in Attachment 1 to be effective February 15, 2021 to February 14, 2022; and, 2. That the Clerk be authorized to amend the Consolidated Fees and Charges By-law 7220-17 to include the new Marina Harbour Division Fees Schedule.

7.9 Financial Services Department Report, FS 01-21 Re: 2020 Year End Projection, including an Overview of the Financial Implications of COVID-19, as at September 30

Recommendation: 1. That report No. FS 01-21 regarding 2020 Year End Projection, including an Overview of the Financial Implications of COVID-19, as at September 30 be received; 2. That per the Safe Restart Agreement: a. The $2.75M municipal financial assistance funding received by the Town in phase 1 funding, be solely used to offset the financial impacts of the COVID-19 pandemic; and, b. Any surplus phase 1 funds not utilized in 2020 be transferred to a COVID-19 pandemic reserve fund to offset financial impacts of the COVID-19 pandemic in 2021. 3. That any surplus in 2020 revenue received from Elexicon in excess of the $4.3M base budget, be transferred to the Tax Rate Stabilization Reserve to be used to smooth out the forecasted budget impact of lower Elexicon revenue in 2022 and 2023; 4. That, notwithstanding the Disposition of Operating Surplus Policy, the remaining 2020 year end surplus be fully transferred to the Asset Management Reserve Fund; 5. That due to the COVID-19 pandemic, scheduled licensing agreement payments from the Whitby Football Club related to the repayment of the Town’s up-fronted costs for the soccer facilities be deferred until normal operations are able to resume; and, 6. That staff be authorized to negotiate a revised payment schedule with the Whitby Football Club to be reflected in a future agreement amendment to be authorized by Council.

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7.10 Financial Services Department Report, FS 03-21 Re: 2020 Uncommitted Reserve and Reserve Fund Projection

Recommendation: That the Reserve and Reserve Fund uncommitted balance projection in Attachment 1 of this report be received for information.

7.11 Office of the Chief Administrative Officer and Financial Services Department Joint Report, CAO 02-21 Re: Community Development Funds – 2020 Annual Report

Recommendation: That Report CAO 02-21 regarding the 2020 Annual Report for the Mayor’s Community Development Fund and the Performing Arts Community Development Fund be received.

7.12 Public Works Department Report, PW 06-21 Re: Brooklin Infrastructure Resource Strategy Jan 2021

Recommendation: 1. That staff report PW 6-21 be received for information; 2. That Public Works staff work with the Financial Services Department to initiate a 2021 review and update of Development Approval Application Process (DAAP) fees related to Engineering services for Council consideration and approval; and, 3. That staff continue to refine the Public Works Brooklin Infrastructure Resource Strategy and update Council prior to future budget cycles with recommended refinements and requirements.

7.13 Confidential Memorandum from C. Harris, Town Clerk, dated January 6, 2021 regarding Recommendation for Appointment to the Accessibility Advisory Committee

Recommendation: That Naji Hassan's term on the Accessibility Advisory Committee be extended to November 14, 2022 or until a successor is appointed.

7.14 Permanent Outdoor Ice Rinks

Recommendation: Whereas two ice rink locations were identified by staff for the winter of 2021; and,

Whereas Council and Staff have purchased materials and were in the process of building two temporary ice rinks this year, until the provincial Stay at Home Order changed the rules for Ontario residents; and,

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Whereas the demand for more outdoor activities, recreation and the desire of residents to have multiple outdoor ice rinks exists in our community; and,

Whereas local businesses have been quick to express desire to sponsor permanent outdoor rinks; and,

Whereas local charitable organizations have had little opportunity in 2020 to fundraise at events and are now searching for opportunities.

Now therefore be it resolved:

1. That the Council of the Town of Whitby requests that Staff investigate the annual installation of two natural ice surfaces for the 2021/2022 winter season; 2. That Staff investigate opportunities to utilize volunteers and community groups such as Rotary for assistance in the ongoing maintenance and management of the natural ice surfaces; 3. That Staff investigate sponsorship opportunities to help offset any costs for the community outdoor rinks; 4. That Staff investigate opportunities for a permanent artificial ice surface and/or skating trail to be installed within five years; and, 5. That Staff report back on Items 1 through 5, including providing a proposed operating model and financial impacts, both capital and operating, by end of Q2 2021.

For information only - Committee of the Whole Minutes of January 11, 45 - 81 2021 and January 18, 2021.

8. Notice of Motion

9. New and Unfinished Business

9.1 Community Services Department Report, CMS 01-21 82 - 110 Re: West Whitby Unnamed District Park

Note: This item was deferred at the Committee of the Whole meeting on January 18, 2021 to the Council meeting on January 25, 2021. Council direction on this item is required.

Recommendation: 1. That Council approve the proposed design elements for the West Whitby Unnamed District Park outlined in Community Services Department Report CMS 01-21 and illustrated in Attachment 1, including a more modern design for park playground equipment;

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2. That Council approve a pre-budget commitment request of $2,847,000 within the 2021 Capital Budget for the development of the proposed West Whitby Unnamed District Park project; 3. That Mattamy Homes and Town Staff be authorized to proceed with the detailed construction drawings, tender documents and contractor selection, subject to pre-budget approval, and tender bid approval; and, 4. That residents participating in the virtual community engagement process be advised of the park project start up construction timing once determined.

10. By-Laws That the following by-laws be passed:

10.1 By-law # 7710-21, being a by-law to designate certain portions of a 111 - 112 registered Plan of Subdivision (SW-2015-03) as not being subject of Part Lot Control.

10.2 By-law # 7711-21, being a by-law to designate certain portions of a 113 - 114 registered Plan of Subdivision (SW-2013-04) as not being subject of Part Lot Control.

10.3 By-law # 7712-21, being a by-law to authorize the temporary borrowing of 115 - 116 a sum or sums to meet current expenditures of The Corporation of the Town of Whitby for the calendar year 2021.

Refer to FS 02-21, Temporary Borrowing By-law

10.4 By-law # 7713-21, being a by-law to amend By-law # 1784, as amended, 117 - 118 being the Zoning By-law of the Town of Whitby.

Refer to PL 40-20, Temporary Use Zoning By-law Amendment Application, 4618 Country Lane, Durham Islamic Centre, File DEV-25-19 (Z-16-19) - REVISED

10.5 By-law # 7714-21, being a by-law to adopt Amendment Number 119 to 119 - 122 the Official Plan of the Town of Whitby

Refer to PL 42-20, DEV-04-20: Official Plan Amendment Application OPA-2020-W/01, Zoning By-law Amendment Application Z-03-20, Star Residence Limited, 812, 816, 900, 904 & 908 Rossland Road East

10.6 By-law # 7715-21, being a by-law to amend By-law # 1784, as amended, 123 - 129 being the Zoning By-law for the Town of Whitby

Refer to PL 42-20, DEV-04-20: Official Plan Amendment Application

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OPA-2020-W/01, Zoning By-law Amendment Application Z-03-20, Star Residence Limited, 812, 816, 900, 904 & 908 Rossland Road East

10.7 By-law # 7716-21, being a by-law to amend the Fees and Charges By-law 130 - 134 # 7220-17, as amended.

Refer to CMS 02-21, Community Services Department – 2021 Marina Harbour Division Fees

That leave be granted to introduce By-laws # 7710-21 to # 7716-21 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.

11. Confirmatory By-Law

11.1 Confirmatory By-law

Recommendation: 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 25, 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.

12. Adjournment

Page 10 of 134 Agenda Item # 2.1

Regular Council Minutes December 14, 2020 - 7:00 PM Council Chambers/Virtual Meeting Whitby Town Hall

Present: Mayor Mitchell Councillor Drumm (participating electronically) Councillor Leahy (participating electronically) Councillor Lee (participating electronically) Councillor Mulcahy (participating electronically) Councillor Newman (participating electronically) Councillor Roy (participating electronically) Councillor Shahid (participating electronically) Councillor Yamada (participating electronically) Also Present: M. Gaskell, Chief Administrative Officer S. Beale, Commissioner of Public Works W. Mar, Commissioner of Legal and Enforcement Services/Town Solicitor J. Romano, Commissioner of Community Services R. Saunders, Commissioner of Planning and Development D. Speed, Fire Chief F. Wong, Commissioner of Financial Services/Treasurer S. Klein, Director of Strategic Initiatives H. Ellis, Executive Advisor to the Mayor C. Harris, Town Clerk K. Narraway, Manager of Legislative Services/Deputy Clerk K. Douglas, Legislative Specialist (Recording Secretary)

Regrets: None noted

Prior to the Call of the Roll, Mayor Mitchell provided an overview of the emergency evacuation on December 9, 2020 of a six-story residential building located at 250 Hickory Street South due to a carbon monoxide gas leak. Mayor Mitchell advised that Durham Regional Police Services assisted Whitby Fire and Emergency Services to evacuate approximately 250 tenants, who were safely transported to the Abilities Centre via Durham Region Transit buses. Mayor

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Mitchell explained that the Technical Standards and Safety Authority (TSSA) and Enbridge gave clearance for all residents to return to their homes in the evening of December 9, 2020.

Mayor Mitchell and Members of Council thanked the Abilities Centre, Social Services, Durham Transit, DRPS, Whitby Fire and Emergency Services, TSSA and Enbridge for their support, and highlighted efforts made by both the Salvation Army and the local Tim Hortons. 1. Declarations of Pecuniary Interest

1.1 There were no declarations of pecuniary interest.

2. Adoption of Minutes

2.1 Regular Council - November 30, 2020 Special Council - December 7, 2020 (Confidential Minutes Under Separate Cover) A question and answer period ensued between Members of Council and Staff concerning Resolution # 258-20 on the December 7, 2020 Special Council minutes regarding:  whether a GIS map exists that outlines geographic boundaries to identify which properties are affected by the Interim Control By-law # 7699-20 and # 7700- 20;  how applicants whose property falls within the affected boundaries may request an exemption from or amendment to the Interim Control By-law;  how property owners who are impacted by the Interim Control By-laws will be notified that their properties are affected, including owners who have applications in progress; and,  whether the Interim Control By-laws are available to the public.

Resolution # 261-20

Moved By Councillor Lee Seconded By Councillor Newman

That the Regular Council minutes of November 30, 2020 and the Special Council minutes of December 7, 2020 be

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adopted.

Carried

3. Presentations

3.1 There were no presentations.

4. Delegations

4.1 There were no delegations.

5. Correspondence

5.1 There was no correspondence.

6. Committee of the Whole Report Planning and Development - December 7, 2020

6.1 Memorandum from R. Saunders, Commissioner of Planning and Development, dated November 17, 2020 regarding a request to amend Fence By-law # 4394-99 at 812-908 Rossland Road East, Star Residence Ltd. A brief question and answer period ensued between Members of Council and Staff regarding whether the amendment to the Fence By-law # 4394-99 may result in an influx of additional requests that are similar in nature.

Resolution # 262-20

Moved By Councillor Mulcahy Seconded By Councillor Roy

1. That the memorandum from R. Saunders, Commissioner of Planning and Development, dated November 17, 2020 regarding a request to amend Fence By-law # 4394-99 at 812-908 Rossland Road East, Star Residence Ltd., be received for information; and, 2. Notwithstanding any other provisions of Fence By- law 4394-99 to the contrary, a privacy fence 2.44 metres (8 ft.) high may be permitted in the side yard between 908 Rossland Road East and 11 Brimley Crescent.

Page 13 of 134 Agenda Item # 2.1

Carried

6.2 Planning and Development Department Report, PL 53-20 Re: Draft Plan of Condominium Application – Zancor Homes (Parkview) Ltd. (Block 182 - Plan 40M-2352), 300 Carnwith Drive, File No. CW-2020-02 [Revised]

Resolution # 263-20

Moved By Councillor Mulcahy Seconded By Councillor Roy

1. That Council approve the proposed Draft Plan of Condominium (CW-2020-02) subject to the comments included in Planning Report PL 53-20 and the conditions of draft plan approval included in Attachment # 4; 2. That the Mayor and Clerk be authorized to execute the Condominium Agreement for the subject land; and, 3. That the Clerk advise the Commissioner of Planning and Economic Development, at the Region of Durham, of Council’s decision.

Carried

7. Committee of the Whole Report General Government - December 7, 2020

7.1 Office of the Chief Administrative Officer Report, CAO 26-20 Re: 1855 Technology Accelerator 2020 Update

Resolution # 264-20

Moved By Councillor Leahy Seconded By Councillor Shahid

1. That Report CAO 26-20 pertaining to an update on the 1855 Technology Accelerator be received as information; and, 2. That the Clerk be directed to forward a copy of

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Report CAO 26-20 to the Chair of 1855 Board; CEO of 1855; 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.

Carried

7.2 Public Works Department and Corporate Services Department Joint Report, CS 52-20 Re: T-98-2020 Supply and Delivery of 4 Horticulture Tractors and 1 Port Whitby Marina Tractor

Resolution # 265-20

Moved By Councillor Leahy Seconded By Councillor Shahid

1. That the Town of Whitby accept the low tender bid of Hub International Equipment in the amount of $260,600.00 (plus applicable taxes) for the supply and delivery of 5 Tractors; 2. That the total estimated project cost of $266,786.56 be approved; 3. That the Treasurer by authorized to draw on reserve/reserve funds as required to address the budget overage; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

Carried

7.3 Corporate Services Department Report, CS 51-20 Re: 2021 Interim Tax Billing

Resolution # 266-20

Moved By Councillor Leahy Seconded By Councillor Shahid

That a by-law be brought forward to allow for the Interim

Page 15 of 134 Agenda Item # 2.1

Tax Billing for the 2021 taxation year.

Carried

7.4 Public Works Department Report, PW 9-20 Re: Active Transportation Plan – Final Draft A brief question and answer period ensued between Members of Council and Staff regarding the status of the proposed West Whitby District Park and whether the trails within the park would connect to the proposed Active Transportation Plan network.

Resolution # 267-20

Moved By Councillor Leahy Seconded By Councillor Shahid

1. That Report PW 9-20 regarding the Active Transportation Plan (ATP) study be received for information; 2. That the Final Draft Active Transportation Plan be made available for public review and comment for a period of at least 60 days; 3. That a copy of the Final Draft Active Transportation Plan report be provided to stakeholders and Town of Whitby divisions for review and comment; and, 4. That Staff report back to Council, following the public consultation period, with the Final Active Transportation Plan for Council’s consideration and approval, including considerations for prioritizing property needs to implement the Active Transportation Plan.

Carried

7.5 Public Works Department Report, PW 27-20 Re: Automated Speed Enforcement (ASE) Program

Resolution # 268-20

Moved By Councillor Leahy Seconded By Councillor Shahid

Page 16 of 134 Agenda Item # 2.1

1. That Report PW 27-20 regarding Automated Speed Enforcement (ASE) be received for information; and, 2. That Council direct the Clerk to remove MD-5142 from the New and Unfinished Business (NUB) listing.

Carried

7.6 Public Works Department Report, PW 29-20 Re: Comments Submitted to Environmental Registry (ERO) #019-2579 on Proposed Blue Box Regulation Discussion ensued between Members of Council regarding:  Whitby Council's support for the proposed transfer of responsibilities for blue box collection from municipalities to the businesses responsible for producing the packaging;  the related costs of transfer from municipalities to producers in the proposed province-wide common collection system; and,  the need for a careful transfer plan.

Moved By Councillor Leahy Seconded By Councillor Shahid

That Report PW 29-20 be received as information.

Carried later in the meeting (See following motion)

Moved By Councillor Newman Seconded By Councillor Leahy

The main motion be amended by adding the following recitals, and including Items 2 and 3 as follows:

Whereas the Ministry of Environment, Conservation, and Parks posted the proposed draft Blue Box Regulation ERO #019-2579 for comment; and,

Whereas the draft Blue Box Regulation will establish Ontario as a leader in moving the Province forward towards a circular economy; and,

Whereas Producer responsibility policies are fundamental to

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reducing waste and increasing the recovery of resources in Ontario; and,

Whereas comment on the draft Blue Box Regulation has been provided by the Town of Whitby to Jamelia Alleyne, Senior Policy Analyst, Resource Recovery Policy Branch, Ministry of the Environment, Conservation and Parks in a letter dated November 30, 2020; and,

Whereas comment on the draft Blue Box Regulation has also been provided in a joint submission of the Association of Municipalities of Ontario, the City of Toronto, the Regional Public Works Commissioners of Ontario and the Municipal Waste Association to Jamelia Alleyne, Senior Policy Analyst, Resource Recovery Policy Branch, Ministry of the Environment, Conservation and Parks in a letter dated November 30, 2020.

Now therefore be it resolved:

2. That, further to the referenced letters of November 30, 2020, the Mayor and Council of the Town of Whitby wish to express their support in principle for extended producer responsibility for a province wide common collection system of blue box materials and careful transition planning; and, 3. That the Clerk be directed to circulate a copy of this resolution to the Region of Durham, Durham Region municipalities, AMO, MPP Lorne Coe, and the Minister of the Environment, Conservation and Parks.

Carried

The main motion, as amended, was then carried as follows:

Resolution # 269-20

Moved By Councillor Leahy Seconded By Councillor Shahid

Whereas the Ministry of Environment, Conservation, and Parks posted the proposed draft Blue Box Regulation ERO #019-2579 for comment; and,

Whereas the draft Blue Box Regulation will establish

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Ontario as a leader in moving the Province forward towards a circular economy; and,

Whereas Producer responsibility policies are fundamental to reducing waste and increasing the recovery of resources in Ontario; and,

Now therefore be it resolved: 1. That Report PW 29-20 be received as information; and, 2. That, further to the referenced letters of November 30, 2020, the Mayor and Council of the Town of Whitby wish to express their support in principle for extended producer responsibility for a province wide common collection system of blue box materials and careful transition planning; and, 3. That the Clerk be directed to circulate a copy of this resolution to the Region of Durham, Durham Region municipalities, AMO, MPP Lorne Coe, and the Minister of the Environment, Conservation and Parks.

Carried

7.7 Office of the Town Clerk Report, CLK 09-20 Re: Records Classification and Retention Bylaw and the Information Governance Policy

Resolution # 270-20

Page 19 of 134 Agenda Item # 2.1

Moved By Councillor Leahy Seconded By Councillor Shahid

1. That Report CLK 09-20 of the Office of the Town Clerk be received for information; 2. That the Clerk be directed to bring forward a by-law to repeal By-law # 7350-17 and # 7456-18 and replace it with the Records Classification and Retention By-law substantially in the form appended as Attachment # 1 to Report CLK 09-20; 3. That Council repeal Records & Information Management Policy # CA 030 and replace it with the Information Governance Policy appended as Attachment # 2 to Report CLK 09-20; and, 4. That Council repeal the Transfer of Archival Records Policy # CA 220 and that the Town Clerk be delegated authority to adopt practices for the management of archival records through a subsidiary procedure under the Information Governance Policy.

Carried

8. Notice of Motion

8.1 Metrolinx Durham-Scarborough BRT Project Design Proposal Discussion ensued between Members of Council regarding:  the high level of interest from the community regarding this project despite the ongoing COVID-19 pandemic;  opportunities to consider alternative access to businesses in Downtown Whitby should vehicle traffic be restricted on Dundas Street;  the need for constructive dialogue between Whitby Council, the community, and Metrolinx;  Public Information Centres held by Metrolinx to present and seek feedback from the community on the preliminary design and results of the technical studies;  whether or not Durham Region Transit supports taking a position on the preferred design presented by Metrolinx at this point in time;  the timeline for completing the proposed project and whether a decision by Council is premature considering that construction work will not occur for

Page 20 of 134 Agenda Item # 2.1

several years;  the need for Metrolinx to offer a preferred alternative in addition to the pedestrian mall already presented; and,  Metrolinx's primary objective of ensuring the buses run on schedule.

Moved By Councillor Roy Seconded By Councillor Drumm

Whereas the Council of the Town of Whitby supports the Durham-Scarborough Bus Rapid Transit project in principle and understands that the project will be moving forward; and,

Whereas the Durham-Scarborough Bus Rapid Transit project is important to the Town and the Region, however Council wants to ensure that the project is implemented in such a way to balance the needs of transit users, Whitby businesses, and Whitby residents; and,

Whereas the Metrolinx proposal received by Whitby Council on November 2, 2020 has raised community and business concern and raises anticipated resultant impact on businesses, heritage resources and adjacent historic neighborhoods; and,

Whereas the road allowance of Dundas Street through Downtown Whitby is the narrowest of all the municipalities throughout the BRT Highway corridor thereby resulting in potentially the most significant physical, operational, and economic and socio-cultural impacts associated with the BRT. It is critical to provide a solution that compliments the corridor both now and, in the future, and is reflective of a historic downtown and mitigates any impacts to adjacent neighborhoods.

Now therefore be it resolved: 1. That the Council of the Town of Whitby requests Metrolinx to consider the options presented in Report PW 35-19 as adopted by Whitby Council December 16th, 2019, Resolution #358-19; 2. That the Council of the Town of Whitby requests the opportunity of deferring the Whitby downtown portion

Page 21 of 134 Agenda Item # 2.1

between Byron Street and Perry Street of the Environment Assessment to provide additional time to develop and consult on design alternatives that address; a. The movement of vehicular traffic and transit through Downtown Whitby between Byron Street and Perry Street; b. Options for pedestrian improvements and safety features including transit access; c. Options for replacement of any lost parking from Dundas Street be considered in conjunction with the Whitby Parking Master Plan; and, d. Options for support to businesses during the construction phase and routing options during displacement of traffic. 3. That the Council of the Town of Whitby continues to oppose the proposal to widen portions of Dundas Street to six (6) traffic lanes, as stated previously in Resolution # 358-19 adopted at the December 16, 2019 Council Meeting; and, 4. That a copy of this motion be forwarded to Metrolinx.

The disposition of the above motion was determined by the motion to table below.

Resolution # 271-20

Moved By Councillor Mulcahy Seconded By Councillor Shahid

That the motion be tabled.

Carried

8.2 Investigation of Sunnycrest Nursing Home Discussion ensued between Members of Council regarding:  the impact of COVID-19 on residents and staff of Sunnycrest Nursing Home including the number of deaths and infection rate;  the lack and improper use of PPE at Sunnycrest Nursing Home;  the ability to prevent the spread of COVID-19 within nursing homes by following public health measures; and,

Page 22 of 134 Agenda Item # 2.1

 the effective assistance provided by Lakeridge Health.

Resolution # 272-20

Moved By Councillor Yamada Seconded By Mayor Mitchell

Whereas COVID-19 continues to have disastrous affects in long- term care homes, retirement homes and congregate facilities in Whitby, Durham and the rest of Ontario; and,

Whereas according to Durham Region Public Health as of December 14, 2020, 117 out of 118 residents at Sunnycrest Nursing Home had tested positive for COVID-19, 25 had died and 61 staff members who reside in Durham Region had also tested positive; and,

Whereas a media report states that an internal inspection report, completed on November 29, 2020, by the Ministry of Long-Term Care states that there was no designated COVID-19 screener wearing full PPE located at the front entrance of the building, and there was an improper use of PPE, a lack of hand hygiene, a lack of access to PPE, and food and high-risk medications for residents were up to 2 hours late, and further, that a lack of staff led to inadequate care; and,

Whereas on December 3, 2020, Lakeridge Health assumed temporary management of Sunnycrest Nursing Home through a Voluntary Management Contract approved by the Ministry of Long- Term Care; and,

Whereas the Town of Whitby Council and our residents offer our deepest condolences to the residents that have passed and their families, and send our best wishes for a speedy recovery to the residents and staff infected with COVID-19;

Now therefore be it resolved: 1. That the Council of the Town of Whitby requests that the Provincial Government, through the ongoing Long-Term Care COVID-19 Commission, conduct an investigation into the failures of Sunnycrest Nursing Home, including the circumstances that led to the outbreak and deaths of residents, with opportunities for families to participate in the investigation, at an appropriate time; and,

Page 23 of 134 Agenda Item # 2.1

2. That this motion be forwarded to the Premier of Ontario, the Ministers of Health and Long-Term Care, the leader of the Opposition for the Province of Ontario, Durham Region MPPs, the Long-Term Care COVID-19 Commission Members, and the Regional Municipality of Durham.

Carried unanimously on a recorded vote as follows:

For Against Abstained Councillor Drumm x Councillor Leahy x Councillor Lee x Councillor Mulcahy x Councillor Newman x Councillor Roy x Councillor Shahid x Councillor Yamada x Mayor Mitchell x 9 0 0

8.3 Election of Regional Councillors by Ward Discussion ensued between Members of Council regarding:  the amount and sources of election contributions that candidates are permitted to raise during an election;  the significant source of election contributions coming from or provided by the development industry;  how the election of Regional Councillors by Ward may improve team work among elected Councillors and the affordability of running for Whitby Council;  the shortfalls of the current at-large election process, such as voters being influenced by campaign signs and canvasing;  the benefits of ward specific representation for Regional Councillors, including that members of the public will better understand who to contact for Regional issues;  the cost imposed on the Town of Whitby and taxpayers to implement the proposed changes;  the potential complexity in serving residents and achieving resolutions when there are blended responsibilities in circumstances where the Regional Councillors and Ward Councillors hold different perspectives;  how other municipalities have benefited from electing

Page 24 of 134 Agenda Item # 2.1

Regional Councillors by Ward; and,  whether the proposed change in method of election could be posed as a referendum question to electors.

Resolution # 273-20

Moved By Councillor Mulcahy Seconded By Councillor Roy

That the Clerk be directed to bring forward a by-law at the next Regular Council meeting to change the election of Regional Councillors from at-large to by ward, so that one Regional Councillor would be elected from each of the Town’s 4 wards.

Lost on a recorded vote as follows:

For Against Abstained Councillor Drumm x Councillor Leahy x Councillor Lee x Councillor Mulcahy x Councillor Newman x Councillor Roy x Councillor Shahid x Councillor Yamada x Mayor Mitchell x 4 5 0

9. New and Unfinished Business

9.1 Corporate Services Department Report, CS 53-20 Re: 2021 Budget Target Report

Note: This report was withdrawn.

Moved By Councillor Roy Seconded By Councillor Leahy

That Council suspend the rules of procedure to allow the introduction of a motion regarding Soccer and Recreational

Page 25 of 134 Agenda Item # 2.1

Programs Delivered in Air Supported Structures (Domes).

Carried on a Two-Thirds Vote

9.2 Soccer and Recreational Programs Delivered in Air Supported Structures (Domes) Discussion ensued between Members of Council regarding:  how the soccer domes were modified to meet COVID-19 physical distancing requirements to allow for safe utilization of the space;  the health and safety practices in place such as staggered usage times, COVID-19 screening, and the use of PPE;  whether a 10 person limit is reasonable given the large size of this and other similar recreational facilities; and,  the letters of support for this motion that were written by residents and stakeholders.

Resolution # 274-20

Moved By Mayor Mitchell Seconded By Councillor Roy

Whereas the Durham Region entered the Red Zone on November 23, 2020; and,

Whereas Red Zone O. Reg. 263/20 permits up to 10 people to participate in an indoor recreational facility class provided that a 2 metre physical distance can be maintained at all times; and,

Whereas Whitby Football Club (WFC), formerly Whitby Iroquois Soccer Club, has over 7,000 members and is the second largest soccer club in Ontario; and,

Whereas WFC operates two soccer domes - one with two full size fields and one with three full size fields; and,

Whereas WFC has responded to COVID-19 health concerns in multiple ways from the beginning of the pandemic, including installing continuous plastic dividers to separate the fields, by staggering start times and adding an extra 15 minutes between rentals to avoid congregating, by dedicated entrances and exits and by not allowing parents into the facility, in order to reduce numbers; and,

Page 26 of 134 Agenda Item # 2.1

Whereas, as a result of these measures and practices, WFC has safely made soccer available for its members with 10 players per field since November 23, 2020; and,

Whereas other users of the WFC who have safely delivered programs in the domes during the COVID-19 pandemic include Whitby Minor Baseball, Durham Ultimate Frisbee, Whitby Cricket, Lady Blue Knights Lacrosse, Durham Rebels Volleyball, Rugby Ontario, Toronto Arrows Rugby Team (Professional), Team Canada Women’s Softball, NSA Baseball, Edge Lacrosse, the Oshawa 65’s, and the Durham District School Board (DDSB); and,

Whereas the provincial regulations have inequities and exemptions that unfairly discriminate against WFC in the delivery of its soccer programs and against other soccer organizations trying to deliver soccer programs in their domes; and,

Whereas the DDSB currently use the fields in the WFC domes for physical education classes in excess of 10 participants per field; and,

Whereas professional teams are exempt from the requirements of Regulation 263/20; and,

Whereas it is generally understood that the pandemic is having a negative impact upon the physical and mental health of children, teens and adults of all ages which can be mitigated in part by recreational activities like soccer; and,

Whereas Olympic athletes, including the Canadian National Softball Team and Canadian sprinters and hurdlers are permitted to use the same soccer fields for training at numbers in excess of the gathering limits applied to soccer; and,

Whereas it is in the best interests of the public that the COVID-19 regulations result in outcomes that are reasonable in application and equitable in outcome; and,

Whereas the Red Zone restriction provides no appeal mechanism to redress unreasonable and inequitable outcomes resulting from the strict wording of the regulations; and,

Whereas Durham Public Health officials advise they have no residual discretion to redress unreasonable and inequitable

Page 27 of 134 Agenda Item # 2.1

outcomes resulting from the strict wording of the regulations; and,

Whereas only allowing 10 players per dome is causing extreme economic hardship to WFC that threatens its ability to continue to operate;

Now therefore be it resolved: 1. That the Council of the Town of Whitby requests the Province of Ontario to amend Red Zone O. Reg. 263/20 to allow sports and recreation programs delivered on full size fields in domes to have 10 players per field; and, 2. That the Clerk be directed to circulate this resolution to the Premier of Ontario, the Minister of Health, Lorne Coe, M.P.P., and to the Region of Durham’s Medical Officer of Health.

Carried unanimously on a recorded vote as follows:

For Against Abstained Councillor Drumm x Councillor Leahy x Councillor Lee x Councillor Mulcahy x Councillor Newman x Councillor Roy x Councillor Shahid x Councillor Yamada x Mayor Mitchell x 9 0 0

Moved By Councillor Mulcahy Seconded By Councillor Lee

That Council suspend the rules of procedure to allow the introduction of a motion regarding the Long-Term Care COVID-19 Independent Commission - Request to Report Findings.

Carried on a Two-Thirds Vote

9.3 Long-Term Care COVID-19 Independent Commission – Request to Report Findings

Page 28 of 134 Agenda Item # 2.1

Discussion ensued between Members of Council regarding:  the importance of ensuring the health, safety, and best standards of care for long-term care home residents;  the opportunity to circulate this motion with Durham Region area municipalities, M.P. Ryan Turnbull, and the Prime Minister; and,  ensuring for-profit long-term care homes are adequately staffed.

Resolution # 275-20

Moved By Councillor Mulcahy Seconded By Councillor Lee

Whereas the Terms of Reference for Ontario’s Long-Term Care COVID-19 independent Commission have been set; and,

Whereas part (e) of that Commission states, “in considering the current government initiatives and reforms in the long-term care homes system, any further areas that should be the subject matter of future action by government to help prevent the future spread of disease in long-term care homes”; and,

Whereas long-term care homes can operate either on a not-for- profit (municipal, charitable, non-profit nursing home) or for-profit basis; and,

Whereas the Canadian Medical Association Journal states, “Long- term care (LTC) homes have been the epicenter of the coronavirus disease 2019 (COVID-19) pandemic in Canada to date. Previous research shows that for-profit LTC homes deliver inferior care across a variety of outcome and process measures, raising the question of whether for-profit homes have had worse COVID-19 outcomes than nonprofit homes”; and,

Whereas AdvantAge Ontario, the association of not-for-profit long- term care, housing, and services for seniors, testified before the Long-Term Care COVID-19 Commission on Tuesday, September 29th, and indicated that 74 percent of deaths reported in the sector were from for-profit homes, 21 percent from not-for-profit homes, and 5 percent from municipal homes; however, the not-for-profit and municipal homes represent 46.3 percent of all homes in the province; and,

Page 29 of 134 Agenda Item # 2.1

Whereas, Premier Ford has made the request at a first ministers meeting with Prime Minister Trudeau to call on the federal government to increase its funding share from 22 percent to 35 percent through the Canada Health Transfer.

Now therefore be it resolved: 1. That the Council of the Town of Whitby requests that the Long-Term Care COVID-19 independent Commission report findings comparing publicly funded long-term care facilities (municipal, charitable, non-profit nursing home) to private for-profit long-term care facilities; and, 2. That the Council of the Town of Whitby request the government of Canada to agree to the provincial request for on-going health care funding but additionally any capital funding to the provinces of Canada in support for obtaining the necessary infrastructure to transfer any failing private facilities identified in any independent commission report to publicly funded homes; and, 3. That the Clerk be directed to circulate a copy of this resolution to the Prime Minister, Premier of Ontario, the Minister Long-Term Care, M.P. Ryan Turnbull, Durham Region M.P.P.s, the Regional Municipality of Durham, Durham Region area municipalities, Associate Chief Justice Frank N. Marrocco – Chair of the Long-Term Care COVID- 19 Commission, Angela Coke – Long-Term Care COVID-19 Commission, and Dr. Jack Kitts – Long-Term Care COVID- 19 Commission.

Carried unanimously on a recorded vote as follows:

For Against Abstained Councillor Drumm x Councillor Leahy x Councillor Lee x Councillor Mulcahy x Councillor Newman x Councillor Roy x Councillor Shahid x Councillor Yamada x Mayor Mitchell x 9 0 0

Page 30 of 134 Agenda Item # 2.1

Moved By Councillor Mulcahy Seconded By Councillor Lee

That Council suspend the rules of procedure to allow the introduction of a motion regarding declaring Santa Claus, Mrs. Claus, and their Elves as Essential Workers.

Carried on a Two-Thirds Vote

9.4 Declare Santa Claus, Mrs. Claus, and their Elves as Essential Workers Discussion ensued between Members of Council regarding:  the importance of giving back to members of the community who are in need;  community support initiatives undertaken by organizations such as the Salvation Army and local churches; and,  a grant offered to Carea Community Health Centre through the Mayor's Community Development Fund to be used in part to support the White Oaks community.

Resolution # 276-20

Moved By Councillor Mulcahy Seconded By Councillor Lee

Whereas Santa Claus, Mrs. Claus, and the elves have maintained voluntary isolation in the North Pole beyond the 14 day quarantine period, while continuously making toys and checking lists; and,

Whereas Santa Claus is excited to deliver joy to children around the world, and has no space to store all of their wrapped presents; and,

Whereas families have purchased cookies, milk, celery, and carrots in anticipation of Santa Claus’ arrival with his nine reindeer (including Rudolph);and,

Whereas world renowned immunologist Dr. Anthony Fauci has advised that Santa Claus is exempt from COVID-19 and has innate immunity; and,

Page 31 of 134 Agenda Item # 2.1

Whereas Mrs. Claus and the elves have received the Pfizer- BioNTech vaccine as participants in a trial study; and,

Whereas Santa Claus, Mrs. Claus, and the elves will begin their 14 day quarantine period on December 25, 2020, while sleeping off the milk and cookies and watching the reindeer games.

Now therefore be it resolved: 1. That the Council of the Town of Whitby declare Santa Claus, Mrs. Claus, and the elves as essential workers; and, 2. That Santa Claus and his reindeer be exempt from all travel restrictions and quarantine measures on Christmas Eve so that he may safely complete his annual mission of delivering joy to children; and, 3. That the Clerk be directed to circulate this resolution to Durham Region M.P.P.s, M.P. Ryan Turnbull, and M.P. Erin O’Toole.

Carried

10. By-Laws That the following by-laws be passed:

10.1 By-law # 7702-20, being a by-law to provide for an interim tax levy for the year 2021.

Refer to Report CS 51-20, 2021 Interim Tax Billing

10.2 By-law # 7703-20, being a by-law to designate certain portions of a registered Plan of Subdivision (SW-2008-03) as not being subject of Part Lot Control.

10.3 By-law # 7704-20, being a by-law to authorize the conveyance of Part of Block A, Plan 595, designated as Part 1 on Plan 40R-30842, being Part of PIN 26537-0100 (LT); and, Part of High Street, Plan H50030, South of TW13994 and North of Walnut Street, designated as Part 2 on Plan 40R-30843, being All of PIN 26537-0125 (LT), Whitby (“the Lands”).

Refer to Report CS 49-20, Declare Surplus Part of Block A, Plan 595, & Part of High Street, Plan H50030, North of

Page 32 of 134 Agenda Item # 2.1

Walnut Street, Parts 1 and 2, Plan 40R-30843 for the purpose of transfer to the Durham District School Board – EA Fairman Public School

10.4 By-law # 7705-20, being a by-law to stop up and close part of the Public Highway known as High Street.

Refer to Report CS 49-20, Declare Surplus Part of Block A, Plan 595, & Part of High Street, Plan H50030, North of Walnut Street, Parts 1 and 2, Plan 40R-30843 for the purpose of transfer to the Durham District School Board – EA Fairman Public School

10.5 By-law # 7706-20, being a by-law to designate certain portions of a registered Plan of Subdivision (S-216-92) as not being subject to Part Lot Control.

10.6 By-law # 7707-20, being a by-law to establish a classification structure and retention periods for records of The Corporation of the Town of Whitby.

Refer to Report CLK 09-20, Records Classification & Retention Bylaw and the Information Governance Policy

Resolution # 277-20

Moved By Councillor Newman Seconded By Councillor Drumm

That leave be granted to introduce By-laws # 7702-20 to # 7707-20 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.

Carried

11. Confirmatory By-Law

11.1 Confirmatory By-law

Resolution # 278-20

Page 33 of 134 Agenda Item # 2.1

Moved By Councillor Lee Seconded By Councillor Shahid

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 December 14, 2020 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.

Carried

12. Adjournment

12.1 Motion to Adjourn

Resolution # 279-20

Moved By Councillor Drumm Seconded By Councillor Newman

That the meeting adjourn.

Carried

The meeting adjourned at 9:15 p.m.

Christopher Harris, Town Clerk Don Mitchell, Mayor

Page 34 of 134 Agenda Item # 2.1

Special Council Minutes January 18, 2021 - 5:30 PM Virtual Meeting

Present: Mayor Mitchell (Participating Electronically) Councillor Drumm (Participating Electronically) Councillor Leahy (Participating Electronically) Councillor Lee (Participating Electronically) Councillor Mulcahy (Participating Electronically) Councillor Newman (Participating Electronically) Councillor Roy (Participating Electronically) Councillor Shahid (Participating Electronically) Councillor Yamada (Participating Electronically)

Also Present: M. Gaskell, Chief Administrative Officer S. Beale, Commissioner of Public Works W. Mar, Commissioner of Legal and Enforcement Services/Town Solicitor J. Romano, Commissioner of Community Services R. Saunders, Commissioner of Planning and Development D. Speed, Fire Chief F. Wong, Commissioner of Financial Services/Treasurer A. McCullough, Director of Finance/Deputy Treasurer H. Ellis, Executive Advisor to the Mayor C. Harris, Town Clerk K. Narraway, Manager of Legislative Services/Deputy Clerk K. Douglas, Legislative Specialist (Recording Secretary)

Regrets: None noted

1. Declarations of Pecuniary Interest

1.1 There were no declarations of pecuniary interest.

Moved By Councillor Roy Seconded By Councillor Lee

That Council resolve itself into Committee of the Whole, with Councillor Lee as Chair, to consider the 2021 Budget Target.

Carried

Page 35 of 134 Agenda Item # 2.1

Special Council Minutes January 18, 2021 - 5:30 PM

2. Presentations

2.1 Fuwing Wong, Commissioner of Financial Services/Treasurer, Ann McCullough, Director of Finance/Deputy Treasurer, and Matt Gaskell, Chief Administrative Officer Re: 2021 Budget Target Fuwing Wong, Commissioner of Financial Services/Treasurer, Ann McCullough, Director of Finance/Deputy Treasurer, and Matt Gaskell, Chief Administrative Officer appeared before Council and provided a presentation regarding the Town of Whitby’s 2021 Budget Target. Highlights of the presentation included:  the Town's key priorities such as ensuring the health and wellbeing of Staff and the broader community, and minimizing the financial impact of COVID-19 on residents;  key factors driving the budget target including a review of discretionary spending, maintaining essential services, anticipated population growth, and minimizing the tax burden on businesses and residents;  the deferral of projects such as the Whitby Town Hall and Whitby Civic Centre Park redevelopment;  positive community feedback received from the 2020 Community Survey and Citizen Budget Tool;  the estimated annual cost of $1.4 million associated with the Town’s anticipated population growth in 2021;  the estimated cost of $1 million to maintain the Town's aging infrastructure, and $1.9 million to maintain service delivery;  the estimated growth in assessment revenue of $2.7 million;  the estimated $3.4 million impact of COVID-19 on the 2021 budget forecast, resulting in a 1.68 percent tax pressure to the Town's portion of the municipal property tax bill;  cost saving measures to reduce the impact of COVID-19 such as reducing discretionary costs;  two options to reduce the Town’s preliminary 2021 budget;  the option of a one-time reduction of $3.4 million to the 2021 Asset Management Reserve Fund contribution, fully offsetting the projected financial impact of COVID-19 and reducing the Town's 2021 tax impact to 0.55 percent of the overall property tax bill;  a second option that includes a further reduction of $1.6 million to the 2021 Asset Management Reserve Fund contribution, reducing the Town's 2021 property tax increase to zero percent;  impacts these options will have on the 2022 budget forecast;  a comparison of Durham Region municipalities preliminary and approved 2021 tax increases; and,  next steps in the 2021 budget process.

Page 36 of 134 Agenda Item # 2.1

Special Council Minutes January 18, 2021 - 5:30 PM

A question and answer period ensued between Members of Council and Staff regarding:  how the Safe Restart Phase 2 funding may help offset the financial impacts of COVID-19;  how the $4.1 million 2020 surplus and existing reserve funds may be reconciled with the 2021 budget target to reduce the property tax rate increase;  the number of residents who participated in the Town’s property tax rebate and other financial relief programs;  whether the Town will offer a property tax deferral program in 2021;  impacts that MPAC property assessments and delayed Assessment Review Board hearings will have on municipal property taxes;  the demographics of 2020 Community Survey and Citizen Budget Tool participants;  clarification on components of the 2021 budget target such as the municipal inflation rate, estimated assessment growth, total budget increase, and contributions to the Asset Management Reserve Fund;  the annual growth of the Town’s reserve funds;  spreading out the impact of future property tax increases by gradually increasing the annual contribution to the Asset Management Reserve Fund;  impacts that a zero percent tax increase could have on future budgets including the projected pressures on the 2022 budget;  the current annual contribution to the Asset Management Reserve Fund versus the proposed annual contribution amounts for the 2021 budget;  whether the Citizen Budget Tool will be will be activated to allow for additional feedback from the public between January 25, 2021 and February 14, 2021;  how the proposed budget target rates will impact the Town’s ongoing projects and initiatives;  the status of hiring for new positions that were approved in the 2020 budget but deferred due to the COVID-19 pandemic;  required growth in the annual contribution to the Asset Management Reserve Fund as the Town constructs new facilities, assumes additional roads, and budgets for increasing construction costs;  how information about the 2021 budget will be communicated to residents and how Corporate Communications will promote and solicit feedback;  the 2016 KPMG Service Delivery Review and the number of new

Page 37 of 134 Agenda Item # 2.1

Special Council Minutes January 18, 2021 - 5:30 PM

positions that were identified in the review in order for staff to continue to effectively deliver services to the community;  a proposed hiring freeze in the 2021 budget and how this will affect the Town’s programs and services; and,  continued growth of the Town’s population and the need to consider additional hiring in future budgets in order to maintain service levels and to continue to position the Town as a competitive and attractive employer.

Moved By Councillor Roy

That Council recess until the conclusion of the Committee of the Whole meeting at 7:00 p.m.

Carried

Council recessed at 7:03 p.m. and reconvened at 10:07 p.m.

3. Delegations

3.1 There were no delegations.

4. Items for Consideration

4.1 Financial Services Department Report, FS 04-21 Re: 2021 Budget Target A question and answer period ensued between Members of Council and Staff regarding:  approving a small budget increase for 2021 to reduce the impact on the 2022 budget;  ensuring that the 2021 and 2022 budget are responsible budgets in order to limit impacts to Members of Council who may serve during the 2022-2026 term of Council;  the ability for Council to amend policies to implement new property tax relief programs;  the efforts of staff to make the 2021 budget lean while continuing to deliver services to the community;  the health of the Town’s various reserve funds and the ability to use the funds to support a zero percent tax increase;  supporting businesses, especially small businesses by using all available tools during the current economic climate;  clarification that the amount of revenue required to maintain service levels in 2021 is $1.6 million;

Page 38 of 134 Agenda Item # 2.1

Special Council Minutes January 18, 2021 - 5:30 PM

 confirmation that a 0.55 percent property tax increase on the Town’s portion of the property tax bill would result in a $31 annual increase on a home assessed at $503,000;  the future impact to tax payers as a result of the proposed hiring freeze in 2021;  comparator municipalities in Durham Region and their proposed property tax increases, noting that an average annual increase of $31 would be the lowest increase in the Region;  the Region’s proposed tax increase of one percent;  how the COVID-19 pandemic has emphasized the importance of the Town’s outdoor amenities, including trails and green spaces;  the importance of continuing to fund the Town’s transition to digital and online services; and,  the need to develop responsible budgets that provide a buffer from unanticipated financial setbacks and allow for contingencies.

Moved By Councillor Roy

Carried later in the meeting [See following motion]

Moved By Mayor Mitchell

The main motion be amended to add the following as Item 3:

3. That Council approve Option 1 outlined in Report FS 04-21 to offset the estimated one-time $3.4M COVID-19 impact in 2021 with a one-time reduction in the annual contribution to the Asset Management Reserve Fund of $3.4M in order to achieve an overall 0.55% increase to the Town’s portion of the annual property tax bill, or an additional $2.57 per month for the average Whitby residential taxpayer.

Carried

The main motion, as amended, was then carried as follows:

Page 39 of 134 Agenda Item # 2.1

Special Council Minutes January 18, 2021 - 5:30 PM

Moved By Councillor Roy

1. That report FS 04-21 be received for information. 2. That having regard for the information presented, the proposed budget include: $1.9M to maintain service delivery; $1.0M to maintain infrastructure in a state of a good repair; $1.4M to address growth; and $3.4M to address the estimated ongoing impacts of COVID-19 in 2021; these pressures are offset by estimated Assessment Growth of $2.7M. 3. That Council approve Option 1 outlined in Report FS 04-21 to offset the estimated one-time $3.4M COVID-19 impact in 2021 with a one-time reduction in the annual contribution to the Asset Management Reserve Fund of $3.4M in order to achieve an overall 0.55% increase to the Town’s portion of the annual property tax bill, or an additional $2.57 per month for the average Whitby residential taxpayer.

Carried

4.2 Rise and Ratify the Recommendations from Committee of the Whole

Moved By Councillor Shahid

That Council rise from Committee of the Whole.

Carried

Mayor Mitchell resumed the Chair.

Moved By Councillor Lee Seconded By Councillor Roy

That Council ratify the following recommendations from Committee of the Whole:

Page 40 of 134 Agenda Item # 2.1

Special Council Minutes January 18, 2021 - 5:30 PM

offset the estimated one-time $3.4M COVID-19 impact in 2021 with a one-time reduction in the annual contribution to the Asset Management Reserve Fund of $3.4M in order to achieve an overall 0.55% increase to the Town’s portion of the annual property tax bill, or an additional $2.57 per month for the average Whitby residential taxpayer.

Carried later in the meeting [See following motions]

Moved By Councillor Newman Seconded By Councillor Leahy

That the main motion be divided to consider Items 1 and 2 as a separate motion from Item 3.

Carried

Resolution # 01-21

Moved By Councillor Lee Seconded By Councillor Roy

Carried unanimously on a recorded vote

For Against Abstained Councillor Drumm x Councillor Leahy x Councillor Lee x Councillor Mulcahy x Councillor Newman x Councillor Roy x Councillor Shahid x Councillor Yamada x Mayor Mitchell x

Page 41 of 134 Agenda Item # 2.1

Special Council Minutes January 18, 2021 - 5:30 PM

9 0 0

Resolution # 02-21

Moved By Councillor Lee Seconded By Councillor Roy

Carried

For Against Abstained Councillor Drumm x Councillor Leahy x Councillor Lee x Councillor Mulcahy x Councillor Newman x Councillor Roy x Councillor Shahid x Councillor Yamada x Mayor Mitchell x 5 4 0

5. Confirmatory By-law

5.1 Confirmatory By-law

Resolution # 03-21

Moved By Councillor Leahy Seconded By Councillor Roy

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 special meeting held on January 18, 2021 and the same be considered read and passed and that the Mayor

Page 42 of 134 Agenda Item # 2.1

Special Council Minutes January 18, 2021 - 5:30 PM

and the Clerk sign the same and the Seal of the Corporation be thereto affixed.

Carried

6. Adjournment

6.1 Motion to Adjourn

Moved By Councillor Lee Seconded By Councillor Mulcahy

That the meeting adjourn.

Carried

The meeting adjourned at 10:59 p.m.

Christopher Harris, Town Clerk Don Mitchell, Mayor

Page 43 of 134 Agenda Item # 5.2

CO-OPERATIVE HOMES INC.

January 8, 2021

Whitby Town Council 575 Brook Street East Whitby, Ontario, L1N 2M8

Dear Council

RE: Lands — Plan M1067 — McQuay Blvd.

Further to your communications with our Coordinator, Stacey Leadbetter, this is a formal request on behalf of the Board of Directors for Otter Creek Co-operative Homes Inc. (“Otter Creek’) to have the lands between 835 McQuay Blvd. and 855 McQuay Blvd. declared surplus and granted to Otter Creek.

The land is used by many residents in the area for their dogs. On occasion, children from Otter Creek play there, especially ifthey want to play football. However, these occasions are rare. Whitby, like the rest of Durham Region, is experiencing an affordable housing shortage. Single non-seniors are one of the largest growing groups of those having trouble ?nding affordable places to live. Otter Creek has numerous individuals who raised their children at here and are now single living in two (2) and three (3) bedroom townhouses. There are very few places for them to go and the wait list on DASH is extremely long. In terms of aging in place and for community, they would like to stay in Otter Creek. That is not possible at this time. it is the Co-op’s desire to build a low-rise apartment building on the land. The units in the apartment would be one (1) bedroom and/or bachelor units. The building would make use of universal design (accessible to all); have an elevator; grey water recovery; laundry facilities and parking. Ifthere is room, the Co—opwould also like to consider a basketball court. Many of the children at the Co—opplay basketball, but they use the Co-op’s roadways, which can be dangerous.

Otter Creek understands that the process to proceed with this request can take time and understands that the Town must do its due diligence. if you have any questions or concerns regarding this request, please feel free to contact the Co—op. Otter Creek’s Coordinator would be more than happy to speak to council as a whole to answer any questions.

er tive Homes Inc.

President, Board of Directors

835 McQuay Boulevard, Unit #30, Whitby, Ontario L1P 2L6 Tel: (905) 666-8484 Fax: (905) 666-8710 Email: [email protected]

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Committee of the Whole Minutes January 11, 2021 - 7:00 PM Council Chambers/Virtual Meeting Whitby Town Hall

Present: Mayor Mitchell Councillor Drumm (participating electronically) Councillor Leahy (participating electronically) Councillor Lee (participating electronically) Councillor Mulcahy (participating electronically) Councillor Newman (participating electronically) Councillor Roy (participating electronically) Councillor Shahid (participating electronically) Councillor Yamada (participating electronically) Also Present: M. Gaskell, Chief Administrative Officer S. Beale, Commissioner of Public Works W. Mar, Commissioner of Legal and Enforcement Services/Town Solicitor J. Romano, Commissioner of Community Services R. Saunders, Commissioner of Planning and Development M. Perini, Deputy Fire Chief F. Wong, Commissioner of Financial Services/Treasurer H. Ellis, Executive Advisor to the Mayor S. Klein, Director of Strategic Initiatives C. Harris, Town Clerk K. Narraway, Manager of Legislative Services/Deputy Clerk L. MacDougall, Council and Committee Coordinator (Recording Secretary)

Regrets: None noted

C. Harris, Town Clerk, advised that due to the ongoing COVID-19 pandemic, the Committee of the Whole meeting is being held in a hybrid meeting

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format, with a limited number of people attending in person. He provided Members of Council, delegates and presenters with an overview of meeting etiquette and procedures with respect to conducting the meeting electronically. Call to Order Call of the Roll: The Clerk Declarations of Pecuniary Interest

There were no declarations of pecuniary interest.

Planning and Development

Councillor Yamada assumed the Chair. 1. Presentations

1.1 Elaine Baxter-Trahair, Chief Administrative Officer, Stella Danos-Papaconstantinou, Commissioner, Social Services, Alan Robins, Director, Housing Services, Jenni Demanuele, Director, Business Services, Gary Muller, Director of Planning, John Henry, Regional Chair, Region of Durham, and Warren Price, Urban Strategies Re: Redevelopment Opportunity - 590 and 650 Rossland Road Elaine Baxter-Trahair, Chief Administrative Officer, Stella Danos-Papaconstantinou, Commissioner, Social Services, Alan Robins, Director, Housing Services, Jenni Demanuele, Director, Business Services, and Gary Muller, Director of Planning, John Henry, Regional Chair, Region of Durham, and Warren Price, Urban Strategies, provided a PowerPoint presentation regarding a Redevelopment Opportunity - 590 and 650 Rossland Road. Highlights of the presentation included:  the Region's endorsement to target the development 1000 affordable, transitional or supportive housing units in the next 5 years within the Region of Durham;  the Region's role in the provision of affordable housing;  details pertaining the four goals of At Home in

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Durham: the Durham Housing Plan 2014-2024;  details about the Region's commitments under the Region of Durham Master Housing Strategy;  the Rossland/Garden Urban Central Area Secondary Plan objectives;  detailed information about the development opportunity at 590 and 650 Rossland Road East including, but not limited to, the existing conditions including current zoning, total land mass, and current site uses;  the potential for 700 to 900 units, with the potential for 200 to 300 affordable housing units, along with commercial space, public green space and potential support space including child care;  the opportunities associated with the proposed development including the proximity to community facilities, shopping centres and parks, access to transit along Rossland Road East, creating a north- south open space connection between the neighbourhood to the north and the open space and campus areas to the south across Rossland Road, the potential for towers and mid-rise buildings along the southern edge of the site, and to better define the edge of the street along Civic Centre Drive and Wicker Park Way;  the constraints associated with the proposed development including the need to be mindful of the stable low-rise neighbourhoods to the north and west of the site, balancing traffic, and the 2 metre difference in the terrain across the entire site;  the four design concepts and detailed information about the preferred design concept which would be consistent with how the surrounding neighbourhoods are evolving and provides an opportunity to realize significant yields for potential development;

Recommendation:

Moved By Councillor Roy

That the rules of procedure be suspended to allow the presentation to exceed the ten minute limit.

Carried on a Two Thirds Vote

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Ms. Baxter-Trahair, Ms. Danos-Papaconstantinou, Mr. Robins, Ms. Demanuele, Mr. Muller, Chair Henry, and Mr. Price continued their presentation regarding the Redevelopment Opportunity – 590 and 650 Rossland Road. Highlights included:  next steps including confirming the Town's support for the site redevelopment proposal, continued discussions with and a presentation of the project to Infrastructure Ontario, and continued engagement with the Town of Whitby as the project advances.

A detailed question and answer period ensued between Members of Committee, Ms. Baxter-Trahair, Ms. Danos- Papaconstantinou, Mr. Robins, Ms. Demanuele, Mr. Muller, Chair Henry, and Mr. Price regarding:  the consideration given in the various design concepts to facilitate a cohesive relationship between the proposed mixed uses and the mixed forms of occupancy;  whether the entry/exit to and from the site and the signalization at Civic Centre Drive and Rossland Road would be addressed to ensure a smooth flow of traffic in the area;  whether the proposed development would be a mix of condominiums and rentals;  the percentage of the development that would be condominiums or rentals, the percentage of market value units, who would manage the rentals, and when such details would be available;  providing information on a gold standard model based on similar developments in Toronto to demonstrate what has been achieved in Toronto and what could be achieved in Whitby;  the next steps for consultation with the surrounding community;  the number of residents that would benefit from access to current affordable housing opportunities;  the timeline to accommodate the number of people on the affordable housing wait list;  whether meeting the target of 1000 affordable housing units would reduce the wait time for affordable housing;  whether the proposed development would be constructed through a partnership between the

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Region, and the Province;  whether the proposed development would pose any significant short or long term costs for the Town of Whitby or the Region of Durham;  confirmation that the ongoing cost of unit subsidies would be addressed through the business plan proposal; and,  how Whitby compares to neighbouring municipalities with respect to the availability of affordable housing units

Recommendation:

Moved By Councillor Roy

Whereas Council supports the need for affordable housing that is compatible and integrated with existing neighbourhoods; and,

Whereas Council supports the efforts of Staff to identify the need for all types of housing in Whitby;

Now Therefore be it Resolved:

That Staff report back on the site redevelopment opportunity for 590 and 650 Rossland Road East throughout the redevelopment process while ensuring ongoing consultation with the community.

Carried

2. Delegations

2.1 There were no delegations.

3. Correspondence

3.1 Correspondence # 2020-919 received by C. Harris, Town Clerk, from S. Mitchell, Senior Development Manager, Land and Housing Development, Brookfield Properties, dated November 26, 2020 regarding Whitby Fire Hall Redevelopment - Station No. 3, Cash-in-Lieu of Parkland, Brookfield Residential (Ontario) Station No. 3 Limited

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Recommendation:

Moved By Councillor Roy

That Correspondence # 2020-919 received by C. Harris, Town Clerk, from S. Mitchell, Senior Development Manager, Land and Housing Development, Brookfield Properties, dated November 26, 2020 regarding Whitby Fire Hall Redevelopment - Station No. 3, Cash-in-Lieu of Parkland, Brookfield Residential (Ontario) Station No. 3 Limited, be received for information.

Carried later in the meeting [See following motion]

Recommendation:

Moved By Councillor Roy

That the main motion be amended to read as follows:

Whereas the Town’s Official Plan and the Planning Act provides for the payment of cash-in-lieu of parkland as an alternative when a developer cannot provide actual land for parks within a residential development;

Whereas the Town has adopted policies to support residential growth and economic development within Downtown Whitby, including policies contained in the Downtown Whitby CIP; and,

Now therefore be it resolved:

1. That Correspondence # 2020-919 received by C.

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Harris, Town Clerk, from S. Mitchell, Senior Development Manager, Land and Housing Development, Brookfield Properties, dated November 26, 2020 regarding Whitby Fire Hall Redevelopment - Station No. 3, Cash-in-Lieu of Parkland, Brookfield Residential (Ontario) Station No. 3 Limited, be received for information; and, 2. That staff be directed to report to Council as soon as possible regarding establishing a reduced alternative cash-in-lieu of parkland rate for the Historic Downtown Whitby Priority Area within the Downtown Whitby CIP.

Note: Consideration of this matter, Item 3.1, was deferred until later in the meeting.

It was the consensus of the Committee to hear Item 4.1, at this time.

Recommendation:

Moved By Councillor Newman

That Committee move in-camera in accordance with Procedural By-law # 7462-18, Closed Meeting Policy G 040, and the Municipal Act, 2001, Section 239 (2) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

Carried

This portion of the meeting was closed to the public. [Refer to the In Camera minutes of the meeting - Town Clerk has control and custody.]

Rising and Reporting

Recommendation:

Moved By Councillor Leahy

That Committee rise from the closed portion of the meeting.

Carried

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Councillor Yamada advised that during the closed portion of the meeting, Committee received advice that is subject to solicitor-client privilege.

Discussion ensued between Members of Committee and Staff regarding:  Downtown Whitby development projects, including the redevelopment of the former Fire Hall site being important projects that are part of an overall economic development strategy;  the process that Council went through to attract a community-oriented developer to help with the vision for the downtown;  the unique challenges associated with development in Downtown Whitby due to its historic character including soil, environmental, and infrastructure considerations;  incentives in place in Downtown Whitby to promote development;  social and cultural benefits associated with the Brookfield development and how the development will benefit Downtown Whitby;  including an additional recommendation directing that the basic 5 percent cash-in-lieu of park land calculation apply to the Downtown Whitby Community Improvement Plan Priority Area; and,  the benefits of receiving a report from Staff about cash-in-lieu calculations and allowing time for research into alternative rates.

Recommendation:

Moved By Councillor Leahy

That the main motion be amended to include Item 3 as follows: 3. That Council direct the 5% residential cash-in-lieu of parkland rate, as provided for in the Planning Act, shall apply to the Historic Downtown Whitby Priority Area of the Downtown Whitby Community Improvement Plan.

Motion Lost

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The main motion, as amended, was then carried as follows:

Whereas the Town has adopted policies to support residential growth and economic development within Downtown Whitby, including policies contained in the Downtown Whitby CIP; and,

Now therefore be it resolved:

1. That Correspondence # 2020-919 received by C. Harris, Town Clerk, from S. Mitchell, Senior Development Manager, Land and Housing Development, Brookfield Properties, dated November 26, 2020 regarding Whitby Fire Hall Redevelopment - Station No. 3, Cash-in-Lieu of Parkland, Brookfield Residential (Ontario) Station No. 3 Limited, be received for information; and, 2. That staff be directed to report to Council as soon as possible regarding establishing a reduced alternative cash-in-lieu of parkland rate for the Historic Downtown Whitby Priority Area within the Downtown Whitby CIP.

Carried

4. Staff Reports

4.1 Planning and Development Department Report, PL 02-21

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Re: Envision Durham – Employment Area Conversion Requests A question and answer period ensued between Members of Committee and Staff regarding:  deferring the employment area conversion requests until additional information becomes available regarding the growth management component of the Municipal Comprehensive Review of the Durham Region Official Plan;  confirmation that the timing for consideration of the employment area conversion requests should be following the review of the Regional Official Plan and the Whitby Official Plan;  the advantage to the Town of Whitby by refraining from responding to the Region with respect to the eight employment area conversion requests when other municipalities within the Region are providing a more specific response;  the impact on the employment area land should the land associated with the employment area conversion requests be re-designated; and,  whether the Town could take the position that it is not prepared to move forward with the conversions until the Region presents proposals related to the employment area designations.

Recommendation:

Moved By Councillor Leahy

1. That Planning Report PL 02-21 be endorsed as the Town’s comments on the Employment Area Conversion Requests submitted to the Region of Durham, as part of the Envision Durham Municipal Comprehensive Review; and, 2. That the Clerk forward a copy of Planning Report PL 02-21 to the Durham Region Planning and Economic Development Department and the Durham area municipalities.

Carried

5. New and Unfinished Business - Planning and Development

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5.1 New and Unfinished Business List - Item MD-1970 Councillor Yamada inquired about the status of Item MD- 1970 regarding G & L Group Ltd., Devil’s Den Golf Course, 745 Winchester Road West and 5515 Coronation Road (OPA-2011-W/01, Z-11-11, Durham OPA-2011-009). R. Saunders, Commissioner of Planning and Development, advised that a report would be presented at the February 22, 2021 Committee of the Whole meeting, or that the New and Unfinished Business List would be updated to provide new information.

General Government

Councillor Roy assumed the Chair. 6. Presentations

6.1 There were no presentations.

7. Delegations

7.1 Doug Moller Re: Correspondence # 2020-920 received by C. Harris, Town Clerk, from D. Moller dated December 2, 2020 regarding a request for an exemption from Fence By-law # 4394-99 at 48 Flint Crescent related to the rear and side fences

Refer to Item 8.1, Correspondence # 2020-920 received by C. Harris, Town Clerk, from D. Moller dated December 2, 2020 regarding a request for an exemption from Fence By-law # 4394-99 at 48 Flint Crescent related to the rear and side fences Doug Moller, 48 Flint Crescent, referenced his correspondence submitted to the Town dated December 2, 2020. Mr. Moller advised that he was seeking two exceptions to Fence By-law # 4394-99 to provide privacy at his residence, noting that a maximum fence height of two metres was permitted in accordance with the Fence By-law. Mr. Moller stated that he would like to keep the existing rear and side yard fences on his property, noting the change in

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grading in the rear yard and the residential subdivision that abuts his rear yard. Mr. Moller advised that the homes in the residential development that abut his rear yard included walk-out basements, but that the original plan was to include under ground basements. He further advised that the grading for the development had been raised from its original grade by 1.9 metres. He stated that he had consulted with his neighbours on Flint Crescent and Sutcliffe Drive and that they were in agreement with the height of both fences on his property. Mr. Moller stated that the side yard fence was constructed six years ago. He advised that there would not be any privacy from pedestrians walking by on the sidewalk or from the residential development abutting his rear yard should the fences be any lower than the current height.

8. Correspondence

8.1 Correspondence # 2020-920 received by C. Harris, Town Clerk, from D. Moller dated December 2, 2020 regarding a request for an exemption from Fence By-law # 4394-99 at 48 Flint Crescent related to the rear and side fences A brief question and answer period ensued between Members of Committee and Staff regarding whether exceptions to the Fence By-law were considered based on an individual resident and whether approving such exceptions would set a precedent for future requests.

Recommendation:

Moved By Councillor Shahid

That correspondence # 2020-920 from D. Moller dated December 2, 2020 regarding a request to amend Fence By- law # 4394-99 at 48 Flint Crescent related to the rear and side yard fences be received for information.

Carried later in the meeting [See following motion]

Recommendation:

Moved By Councillor Shahid

The main motion be amended by including Item 2 as

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follows: 2. That Staff be directed to circulate notice of the exemption request to the neighbouring properties that are directly affected by the applicant’s exemption request providing 20 days to indicate support or objection to the request and that Staff be directed to report to Council recommending approval of the exemption should there be no objections registered.

Carried

The main motion, as amended, was then carried as follows:

Recommendation:

Moved By Councillor Shahid

1. That correspondence # 2020-920 from D. Moller dated December 2, 2020 regarding a request to amend Fence By-law # 4394-99 at 48 Flint Crescent related to the rear and side yard fences be received for information; and, 2. That Staff be directed to circulate notice of the exemption request to the neighbouring properties that are directly affected by the applicant’s exemption request providing 20 days to indicate support or objection to the request and that Staff be directed to report to Council recommending approval of the exemption should there be no objections registered.

Carried

8.2 Correspondence # 2020-964 received by C. Harris, Town Clerk, from S. Larochelle dated December 15, 2020 regarding a petition opposed to the Town of Whitby issuing parking tickets for vehicles parked sideways on the paved portion of the boulevard A detailed question and answer period ensued between Members of Committee and Staff regarding:  the current enforcement practices associated with vehicles parked on the paved portion of the boulevard and whether discretion was given on issuing tickets for this type of infraction due to the COVID-19 pandemic;

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 confirmation that By-law Enforcement Officers use discretion for this type of infraction when a parked vehicle does not block sight lines and/or does not impede the sidewalk or roadway for safety or operational reasons;  whether By-law Enforcement Officers are obligated to investigate a complaint, and confirmation that By- law Enforcement Officers do no not proactively patrol for this type of infraction;  whether By-law Enforcement Officers review the entire street based on the investigation of a complaint on the same street;  confirmation that there have not been any changes to enforcement practices;  whether residents understand the Town's enforcement practices and procedures with respect to parking on the paved portion of the boulevard;  educating residents on the safety and operational concerns associated with parking on the boulevard;  clarification on the ownership of the paved portion of boulevards;  whether residents may request a reduction on fine associated with a ticket;  whether the number of tickets issued for this type of parking infraction was consistent from year to year;  the Town's requirements for accepting petitions, whether the Town has a policy with respect to petitions, and the possibility of creating a policy in the future; and,  the number of residents working and attending school from home due to the COVID-19 pandemic and the need for additional parking.

Recommendation:

Moved By Councillor Newman

That Correspondence # 2020-964 received by C. Harris, Town Clerk, from S. Larochelle dated December 15, 2020 regarding a petition opposed to the Town of Whitby issuing parking tickets for vehicles parked sideways on the paved portion of the boulevard, be received for information.

Carried later in the meeting [See following motion]

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Recommendation:

Moved By Councillor Newman

That the main motion be amended by including Item 2 as follows: 2. That Staff provide a report to Council regarding the petition with information on parking enforcement measures and associated Traffic By-law issues during the pandemic by the April 12, 2021 Committee of the Whole meeting.

Carried

The main motion, as amended, was then carried as follows:

Recommendation:

Moved By Councillor Newman

1. That Correspondence # 2020-964 received by C. Harris, Town Clerk, from S. Larochelle dated December 15, 2020 regarding a petition opposed to the Town of Whitby issuing parking tickets for vehicles parked sideways on the paved portion of the boulevard, be received for information; and, 2. That Staff provide a Report to Council regarding the petition with information on parking enforcement measures and associated Traffic By-law issues during the pandemic by the April 12, 2021 Committee of the Whole meeting.

Carried

9. Staff Reports

9.1 Fire and Emergency Services Department Report, FR 01-21 Re: Master Fire Plan – Implementation Update A question and answer period ensued between Members of Committee and Staff regarding:  the timeline for the construction of West Whitby Fire Station # 6;  whether the postponement of the Fire Prevention Officer position until 2022 could be further postponed

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due to the COVID-19 pandemic;  detailed information related to improving efficiencies within the Fire and Emergency Services Department;  the timeline for hiring an additional 20 firefighters;  details about mental health support initiatives for Fire and Emergency Services Department Staff;  a brief synopsis of the initiatives related to diversity and inclusion in conjunction with the Whitby Diversity and Inclusion Advisory Committee; and,  an overview of the changes in the types of calls received in 2020 that were not within the scope of the Fire Master Plan.

Recommendation:

Moved By Councillor Mulcahy

That report FR 01-21 be received as information.

Carried

9.2 Financial Services Department Report, FS 02-21 Re: Temporary Borrowing By-law A brief question and answer period ensued between Members of Committee and Staff regarding whether the by- law authorized the borrowing of funds for both capital and operational expenses.

Recommendation:

Moved By Councillor Leahy

That a by-law be brought forward to authorize the external temporary borrowing of an amount up to $50,798,000 from January 1, 2021 to September 30, 2021 and up to $25,399,000 between October 1, 2021 and December 31, 2021.

Carried

9.3 Office of the Chief Administrative Officer Report, CAO 01-21

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Re: Corporate Information Technology Strategic Plan - Update Discussion ensued between Members of Committee and Staff regarding:  the funding investments required over the next two to four years;  the timeline for implementation of the Enterprise Resource Planning Project and the Customer Relationship Management software system;  enhanced service delivery and technology to be offered to residents;  the investment of Staff resources and funds for the implementation of various initiatives/recommendations;  community facing initiatives that are in the process of being developed which are designed to make access to government services easier, quicker, and more convenient; and,  the technology pressures faced during the COVID- 19 pandemic for residents and Town Staff.

Recommendation:

Moved By Councillor Newman

That the Corporate Information Technology Strategic Plan progress update report be received for information.

Carried

10. New and Unfinished Business - General Government

10.1 Community Outdoor Skating at Brooklin Memorial Park and Peel Park A detailed question and answer period ensued between Members of Committee and Staff regarding:  measures to ensure that the ice rinks would be operated safely and in accordance with provincial regulations;  whether staff would assist with ensuring awareness of guidelines and monitoring behaviour to ensure there would be a limited number of residents/families on the ice;

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 whether Staff would be on site during operating hours to address concerns;  how often inspections would take place at the ice rinks;  the operating hours of the ice rinks and whether the ice rinks would be closed overnight;  how the number of residents using the ice surfaces would be managed and controlled;  how the length of time residents could use the ice surface would be managed to ensure and equal opportunity for other residents;  whether the ice surfaces would be used for leisure/pleasure skating or whether hockey would be permitted;  whether residents would be able to book/reserve the ice surfaces;  the possibility of volunteer management of the ice surfaces should the number of attendees become unmanageable to ensure all residents have an equal opportunity to use the ice surfaces;  when a permanent outdoor ice rink may be provided in Whitby and whether any discussions have taken place about providing outdoor ice rinks post the COVID-19 pandemic.;  the timeline for procedures and guidelines with respect to the ice rinks; and,  the level of liability for the Town in the event that procedures and COVID-19 regulations are not followed at the ice rinks. It was the consensus of the Committee to resume consideration of Item 3.1, at this time.

Adjournment

Motion to Adjourn

Recommendation:

Moved By Councillor Newman

That the meeting adjourn.

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Carried

The meeting adjourned at 10:08 p.m.

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Committee of the Whole Minutes January 18, 2021 - 7:00 PM Virtual Meeting

Present: Mayor Mitchell (participating electronically) Councillor Drumm (participating electronically) Councillor Leahy (participating electronically) Councillor Lee (participating electronically) Councillor Mulcahy (participating electronically) Councillor Newman (participating electronically) Councillor Roy (participating electronically) Councillor Shahid (participating electronically) Councillor Yamada (participating electronically)

Also Present: M. Gaskell, Chief Administrative Officer S. Beale, Commissioner of Public Works W. Mar, Commissioner of Legal and Enforcement Services/Town Solicitor J. Romano, Commissioner of Community Services R. Saunders, Commissioner of Planning and Development D. Speed, Fire Chief F. Wong, Commissioner of Financial Services/Treasurer H. Ellis, Executive Advisor to the Mayor S. Klein, Director of Strategic Initiatives C. Harris, Town Clerk K. Narraway, Manager of Legislative Services/Deputy Clerk L. MacDougall, Council and Committee Coordinator (Recording Secretary)

Regrets: None noted

The meeting commenced at 7:11 p.m. due to the Special Council Meeting held prior to the Committee of the Whole meeting.

C. Harris, Town Clerk, advised that due to the ongoing COVID-19 pandemic, the Committee of the Whole meeting is being held in a virtual meeting format. He advised that the Committee would receive delegations regarding Item 4.2, CMS 01-21 and Item 4.8, PW 06-21. He provided Members of Council and delegates with an overview of meeting etiquette and procedures with respect to conducting the meeting electronically.

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Committee of the Whole Minutes January 18, 2021 - 7:00 PM

Call to Order Call of the Roll: The Clerk Declarations of Pecuniary Interest

Councillor Newman made a declaration of pecuniary interest under the Municipal Conflict of Interest Act regarding Item 4.2, Community Services Report, CMS 01-21, West Whitby Unnamed District Park specifically related to naming the West Whitby District Park is proposed to be named after a family member. Councillor Newman did not take part in the discussion or voting on any matters related to the naming of the park.

General Government

Councillor Roy assumed the Chair. 1. Presentations

1.1 There were no presentations.

2. Delegations

2.1 Matthew Cory representing Brooklin North Landowners Group Re: Public Works Department Report, PW 06-21 Brooklin Infrastructure Resource Strategy Jan 2021

Refer to Item 4.8, PW 06-21 Matthew Cory, representing Brooklin North Landowners Group, stated he had reviewed and was generally in support of the Staff report. He advised that the content of the report was consistent with discussions he had with Staff. Mr. Cory raised concerns regarding Town Staff resources, particularly in Engineering Services for the Brooklin development review. He expressed the need for urgency to proceed with staff resourcing, noting that in north Brooklin alone there were 3 to 5 Draft Plans of Subdivision applications already submitted and being processed by Town Staff and that there could be 10 to 12 more applications in 2021. Mr. Cory commented on the Staff's ability to deal with these applications given the current staffing levels, noting that there was an urgent need to have permanent staffing solutions to deal with the level of growth. Mr. Cory stated that although Staff have offered some interim solutions that could involve consultants, there were

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Committee of the Whole Minutes January 18, 2021 - 7:00 PM

concerns about using consultants as opposed to full-time Staff because Town Staff know the will and standards of Council better than consultants. Mr. Cory further stated that he was happy to see that Staff believe they can manage the current applications with present Staff resources, noting that he would like to see the Draft Plans of Subdivision applications that were already submitted approved within the next few months. He stated that in order to achieve the Town's objectives to process development in Brooklin and to have growth and development charges revenue requires the right resourcing. He stated that he understood that there would also be a 2021 review of the Development Application Approval Process (DAAP) fees and further budgetary updates. Mr. Cory advised that the matter of Staff resources should be dealt with as quickly as possible given the review of DAAP fees, budgetary updates, and the number of development applications that would be submitted in the foreseeable future. A question and answer period ensued between Members of Committee and Mr. Cory regarding:  whether the delegate was privy to the content of budget discussions at the Special Council meeting which took place prior to the Committee of the Whole meeting;  the expectation for the Town to hire Staff to address immediate needs; and,  details about discussions with Elexicon and the cost implications of development in Brooklin. It was the consensus of the Committee to hear Item 4.8, PW 06-21, at this time.

2.2 Astrid Poei Re: Community Services Department Report, CMS 01-21 West Whitby Unnamed District Park

Refer to Item 4.2, CMS 01-21 Astrid Poei, 68 Westfield Drive, stated that she was a resident in West Whitby. She advised that her neighbours were close-knit and that they would be residents in West Whitby for a long time. She advised that she had reviewed the Staff report, noting that it was disappointing and dismissive of taxpayers. Ms. Poei stated that the Town was asked to include more modernized playground equipment, rubberized playground surfacing, to incorporate the honeybee theme, and to eliminate the pickleball courts. She advised that Staff said they would seek the requested honeybee theme and more modern playground equipment. She noted that the original project went to tender at $2,200,000.00 with

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a design from the 1990's, and raised concerns that even with a higher budget, the project would fall short again. Ms. Poei stated that the report does not take into account the previous consultant studies and findings from the Community Open House (COH). She inquired about the purpose of holding the COH when there was already a predetermined outcome. Ms. Poei stated that residents in West Whitby contributed 6% of the purchase price of their property toward development fees, noting that some of those funds went toward the district park. Ms. Poei advised that the contribution represented $30,000.00 to $60,000.00 per household. She further stated that the COH summary indicated that 59% of participants were opposed to pickleball courts and that 3% of participants were in support of pickleball courts. She stated that the assertion that residents in opposition of the pickleball courts were unfamiliar with the sport was dismissive and insulting. Ms. Poei referenced the Town's Sports Facility Strategy, noting that it indicates that pickleball courts should be located in an area with a high concentration of older adults and/or near an older adult residential community or facility utilized by older adults since they are the primary participants of the sport. She noted that the strategy also suggests modifications to existing tennis courts through additional line markings and adjustable nets and suggested modifying older tennis courts in an older neighbourhood where the demographics meet the demographics of pickleball players. She stated that the COH Summary indicated that 83% of the participants were between the ages of 25 to 44, noting that West Whitby was not a senior's community. She stated that other facilities were not considered in lieu of the pickleball courts. Ms. Poei raised concerns about safe outdoor recreational winter activities in Whitby due to the COVID-19 pandemic, noting that a skating rink would be a welcome addition and would provide a safe outdoor activity. Ms. Poei requested that Council direct Staff to replace the pickleball courts with suggested items such as tennis or volleyball courts, an additional playground area, an additional multi-skills court, a skating rink or a skateboard park that would be utilized by the residents in neighbourhood. A brief question and answer period ensued between Members of the Committee and Ms. Poei regarding whether a skating rink or a skateboard park was suggested by participants of the COH and whether there was any feedback from Staff during the COH.

2.3 Alexander Wray Re: Community Services Department Report, CMS 01-21 West Whitby Unnamed District Park

Refer to Item 4.2, CMS 01-21

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Alexander Wray, 31 Coho Drive, stated that he and his wife were residents in Whitby and that they purchased and moved into their home in June 2020. Mr. Wray stated that after having grown up in Ajax, the opportunity to move to Whitby and be part of a community that was viewed as vibrant and prestigious was the best decision they had made. Mr. Wray advised that it was important that he speak on behalf his family and community regarding the Staff report. He advised that in the fall of 2020 many members of the community participated in the COH on the Town of Whitby's website with the purpose of the COH being to seek feedback for the parkland development. Mr. Wray further advised that Town Staff provided conceptual drawings, information and details about the proposed park development as part of the COH. He stated that there was flurry of activity surrounding the report, and that after reviewing the report and speaking to members of the community his response to the report was disappointment. He raised concerns with the decision of Staff to proceed with pickleball courts as part of the development, noting that after review of the age demographics of the COH participants 83% of the respondents were identified to be between the ages of 25 to 44. The infographics further indicated that 55% of Whitby's population was between 18 and 54 year olds, noting that the age demographics of the COH participants was the make up of the neighbourhood which was completely contrary to the demographics of pickleball players as outlined in the Town's Sports Facility Strategy. Mr. Wray stated that this was a data driven approach as to why pickleball courts do not belong in the park. He stated that although census data for West Whitby was not yet available, visible minorities make up 55 to 70% of the population in the new development. Mr. Wray commented on residents playing cricket during the summer in empty fields near Highway 412. He advised that residents have expressed an interest in basketball courts, tennis courts, skateboard parks or a flexible space that would allow for an outdoor ice rink. He stated that Mayor Des Newman was an innovative and progressive, and played a critical role in making Whitby the town that he chose to live in. He stated that it was possible that the park would be named after him and that if his legacy of innovation and progressiveness could be applied to this park there would be a winning strategy for everyone. He commented that municipal government was about making communities vibrant, livable, and attractive. Mr. Wray requested that consideration be given to a motion to refer the report back to Staff and to request they recreate, re-engage, and re-imagine this park as part of all of Council's legacy. A question and answer period ensued between Members of Committee and Mr. Wray regarding:  whether Staff provided feedback to respondents during the COH;  whether feedback from the participants of the COH was in a

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written format; and,  concerns related to the proposed development of the park aside from the pickleball courts.

2.4 Raj Vijayakumar Re: Community Services Department Report, CMS 01-21 West Whitby Unnamed District Park

Refer to Item 4.2, CMS 01-21 Raj Vijayakumar, 123 Westfield Drive, advised that he has travelled extensively and has lived in ten different cities in North America, noting the opportunities for him to experience both good and bad communities. He advised that when he and his wife purchased their home it was important that the neighbourhood be diverse, inclusive, passionate, and neighbourly. Mr. Vijayakumar advised that he wanted his future children to have a safe place to grow up where they would have a village surrounding them, noting that is what Queen's Common West has become. Mr. Vijayakumar advised that during the COH there were three items that were important to members of the community including replacing the pickleball courts with something more versatile, modernizing the playground equipment, and replacing the engineered wood fibre chips with a rubberized play surface. Mr. Vijayakumar stated that the Staff report did not provide a commitment to the neighbourhood for modernized play equipment and raised concerns that this would not take place. Mr. Vijayakumar stated that the request for a rubberized play surface in the park was dismissed, noting that the Staff report indicated that it would be considered for a future park development. He advised that a rubberized play surface was the safest option for children and that the risk of injury was higher with engineered wood chips. He noted that the 59% of the COH participant's comments were to replace the pickleball courts with something more versatile for the demographics of the community. He stated that the community consists of residents between 24 and 44 years old and young children, noting that the residents should be able to have space that would be inclusive of what they need. Mr. Vijayakumar stated that he hopes that these issues would be corrected before development of the park moves forward. A question and answer period ensued between Members of Committee and Mr. Vijayakumar regarding:  whether Mr. Vijayakumar requested the rubberized play surface at the COH and whether the rubberized play surface was his major concern; and,  the order of the items of concern by priority.

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2.5 Mariam Boni Re: Community Services Department Report, CMS 01-21 West Whitby Unnamed District Park

Refer to Item 4.2, CMS 01-21 Mariam Boni, 19 Kilmarnock Crescent, stated that she has resided in several cities and attended numerous schools while growing up. She advised that their community was like no other, noting that residents rally to support one another. She stated that she had reviewed the Staff report and was disappointed that the majority of the neighbourhood requests were disregarded, noting that the requests from the community at the COH were very clear. Ms. Boni further stated that it was imperative that the community have a place to come together following the COVID-19 pandemic. Ms. Boni advised that the community was looking forward to the development of this park, noting that having amenities that the community would not use was a waste of funds and a waste of the space. She advised that her biggest concerns as a parent was the type of playground equipment, the rubberized playground surface and the pickleball courts. She stated that the proposed equipment was disappointing. Ms. Boni advised that she appreciates that Staff were investigating whether the equipment could be modernized, but that she was concerned that this would not happen or only happen for a small portion of the park. She raised concerns about having to go to another park for appropriate amenities when they could potentially just walk across the street. She raised further concerns about the number of requests for the rubberized play surface being dismissed, noting that she would not feel confident about her children playing safely in this park. Ms. Boni stated that pickleball was not a sport played by the majority of residents in the community. She stated that she appreciated the feedback about pickleball being an up and coming sport and its introduction to the Durham District School Board. Ms. Boni raised concerns about the space for pickleball not being used and that a multi- purpose court or tennis court would be a better use of this space. A question and answer period ensued between Members of Committee and Ms. Boni regarding:  details on the type of equipment the community would like to see in the park; and,  the order of the items of concern by priority.

2.6 Cedrick and Nyree Franklyn Re: Community Services Department Report, CMS 01-21 West Whitby Unnamed District Park

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Refer to Item 4.2, CMS 01-21 Cedrick and Nyree Franklyn, 28 Westfield Drive, advised that he and his wife submitted a detailed written response to the COH. Mr. Franklyn advised that they have four children ranging in age from 10 to 16 years old. He stated that he agreed with previous references to West Whitby being a village where residents were neighbourly and look after each other. He advised that the existing parks were difficult for their children to access. He inquired whether it was suitable for children to visit another park because they are not satisfied with pickleball or the level of playground equipment. Mr. Franklyn stated that the district park would cater to younger and older residents, but not the core demographic of 25 to 40 year olds. He indicated that residents would like to see more multi- use courts or a skating rink for winter use. Mrs. Franklyn stated that this would be the only district park in the area that a multitude of community developments in West Whitby would access. She noted that they were located within a specific strip of land where they cannot easily access another park. Mrs. Franklyn noted that this would be the park that needs to service all of the neighbourhoods and that it needs to reflect what the residents would use. She raised concerns about the safety of her 10 year old son crossing Dundas Street, making his way through the creek to access Jeffery Park when he could walk down the street safely in a neighbourhood where most residents know him. Mrs. Franklyn commented on the choice of equipment, noting that it was geared to toddlers and that pickleball was geared to seniors which would alienate children and adults. She stated that the pickleball courts would be better used for ball hockey or other sports such as volleyball or basketball. Mr. Franklyn stated that he has been a resident of Ajax and Whitby for over 20 years, that he attended elementary school and high school locally, and that pickleball was a sport that he was never taught. He advised that he also investigated post secondary schools, noting that there were not any pickleball teams. Mr. Franklyn stated that pickleball was a sport for a much older demographic. A question and answer period ensued between Members of Committee and Mr. and Mrs. Franklyn regarding:  confirmation on the demographics of the neighbourhoods in the area consisting of residents between the ages of 25 and 44 with children;  the order of the items of concern by priority;  whether converting the pickleball courts into multi-use courts that could be used for tennis, pickleball and other sports would be an acceptable compromise; and,  whether the other amenities within the park were satisfactory. It was the consensus of the Committee hear Item 4.2, CMS 02-21, at

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this time.

3. Correspondence

3.1 Correspondence # 2020-970 received by C. Harris, Town Clerk, from Karey Anne Large, Executive Director, Downtown Whitby Business Improvement Area dated December 16, 2020 regarding the Downtown Whitby Business Improvement Area Board of Management Director Appointments.

Recommendation:

Moved By Councillor Shahid

That Jayne Flieler, Peter Nelis, and Sandra Welch be appointed as Directors to the Downtown Whitby Business Improvement Area Board of Management for a term ending November 30, 2022.

Carried

4. Staff Reports

4.1 Office of the Town Clerk Report, CLK 01-21 Re: Ward Population Review A question and answer period ensued between Members of Committee and Staff regarding:  confirmation on the population increase from 135,000 to 200,000 over the next 10 to 15 years and that the ward population review would take place after the election year following 2030; and,  whether the development of Brooklin would provide better data on population for 2023.

Recommendation:

Moved By Councillor Leahy

That Staff Report CLK 01-21 be received for information.

Carried

4.2 Community Services Department Report, CMS 01-21 Re: West Whitby Unnamed District Park

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Having previously declared a pecuniary interest, Councillor Newman did not take part in the discussion or voting specifically related to the naming of the District Park. A detailed question and answer period ensued between Members of Committee and Staff regarding:  the rationale for not recommending a rubberized play surface in the playground area despite the requests from the residents;  opportunities for residents to be involved in further discussions about the playground equipment;  a summary of the changes considered by Staff in response to the community consultation and feedback from the residents;  confirmation on the number of residents that visited the virtual COH;  confirmation on the COH response with respect to pickleball relative to the number of residents that visited the COH;  highlights of the responses received from residents with respect to the pickleball court;  reconsideration of the pickleball courts and whether there would be capacity for a multi-purpose court within the design of the park;  the possibility of retaining the four pickleball courts, including tennis courts, and the additional cost for tennis courts;  the additional cost for a rubberized play surface as opposed to the wood fibre play surface, and the criteria used to fairly and consistently determine locations for rubberized play surfaces across the Town;  the number of pickleball courts located in Whitby and the number of proposed pickleball courts within the development of the West Whitby District Park;  ensuring that the park would have a play structure for children of all ages to enjoy;  confirmation on the number of parks in West Whitby, and the proximity of this park in relation to the next planned park;  the possibility of a multi-use court that could be used for pickleball and/or tennis, and whether it would be feasible to undertake and stay within budget;  whether the pickleball community participated in the COH for the West Whitby District Park;  how a multi-purpose field for entry level cricket could be facilitated in the West Whitby park , and whether the field would have lighting to allow for evening play;  the next opportunity and/or timeline for a pickleball court to be included in a district park;

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 whether participants of the COH were notified about the Staff report being presented at this meeting; and,  confirmation that a multi-use field was already included within the park which would accommodate entry level cricket and that the field would have lighting.

Recommendation:

Moved By Councillor Drumm

1. That Council approve the proposed design elements for the West Whitby Unnamed District Park outlined in Community Services Department Report CMS 01-21 and illustrated in Attachment 1, including a more modern design for park playground equipment; 2. That Council approve a pre-budget commitment request of $2,847,000 within the 2021 Capital Budget for the development of the proposed West Whitby Unnamed District Park project; 3. That Mattamy Homes and Town Staff be authorized to proceed with the detailed construction drawings, tender documents and contractor selection, subject to pre-budget approval, and tender bid approval; and, 4. That residents participating in the virtual community engagement process be advised of the park project start up construction timing once determined.

Note: The disposition of the matter, Item 4.2, was determined through the deferral motion below. [See following motion]

Recommendation:

Moved By Councillor Shahid

That the main motion be amended by adding the following as Item 2 and that the remaining items be renumbered accordingly: 2. That Staff ensure that the multi-purpose field is lit and is capable of accommodating entry level cricket, and consult with the local cricket community about their use of the field.

Carried

Recommendation:

Moved By Councillor Newman

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That Community Services Report, CMS 01-21 be deferred to the Council meeting on January 25, 2021 for Council's decision.

Carried

It was the consensus of the Committee to hear Item 3.1 Correspondence # 2020-970 received by C. Harris, Town Clerk, from Karey Anne Large, Executive Director, Downtown Whitby Business Improvement Area dated December 16, 2020 regarding the Downtown Whitby Business Improvement Area Board of Management Director Appointments, at this time.

4.3 Community Services Report, CMS 02-21 Re: Community Services Department – 2021 Marina Harbour Division Fees

Recommendation:

Moved By Councillor Newman

1. That Council approve the proposed fees as outlined in Attachment 1 to be effective February 15, 2021 to February 14, 2022; and, 2. That the Clerk be authorized to amend the Consolidated Fees and Charges By-law 7220-17 to include the new Marina Harbour Division Fees Schedule.

Carried

4.4 Financial Services Department Report, FS 01-21 Re: 2020 Year End Projection, including an Overview of the Financial Implications of COVID-19, as at September 30 A question and answer period ensued between Members of Committee and Staff regarding:  whether the surplus in 2020 revenue received from Elexicon would be factored into the 2021 budget;  whether funds from the Tax Rate Stabilization Reserve would be used to offset the shortfall should the Elexicon revenue continue to decline in 2021-2022; and,  whether there would be any consequence to the Long Term Finance Reserve Fund due to the transfer of 100% of the projected 2020 surplus transferred to the Asset Management Reserve Fund.

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Recommendation:

Moved By Councillor Shahid

1. That report No. FS 01-21 regarding 2020 Year End Projection, including an Overview of the Financial Implications of COVID-19, as at September 30 be received; 2. That per the Safe Restart Agreement: a. The $2.75M municipal financial assistance funding received by the Town in phase 1 funding, be solely used to offset the financial impacts of the COVID-19 pandemic; and, b. Any surplus phase 1 funds not utilized in 2020 be transferred to a COVID-19 pandemic reserve fund to offset financial impacts of the COVID-19 pandemic in 2021. 3. That any surplus in 2020 revenue received from Elexicon in excess of the $4.3M base budget, be transferred to the Tax Rate Stabilization Reserve to be used to smooth out the forecasted budget impact of lower Elexicon revenue in 2022 and 2023; 4. That, notwithstanding the Disposition of Operating Surplus Policy, the remaining 2020 year end surplus be fully transferred to the Asset Management Reserve Fund; 5. That due to the COVID-19 pandemic, scheduled licensing agreement payments from the Whitby Football Club related to the repayment of the Town’s up-fronted costs for the soccer facilities be deferred until normal operations are able to resume; and, 6. That staff be authorized to negotiate a revised payment schedule with the Whitby Football Club to be reflected in a future agreement amendment to be authorized by Council.

Carried

4.5 Financial Services Department Report, FS 03-21 Re: 2020 Uncommitted Reserve and Reserve Fund Projection

Recommendation:

Moved By Councillor Newman

That the Reserve and Reserve Fund uncommitted balance projection in Attachment 1 of this report be received for information.

Carried

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4.6 Office of the Chief Administrative Officer and Financial Services Department Joint Report, CAO 02-21 Re: Community Development Funds – 2020 Annual Report A brief question and answer period ensued between Members of Committee regarding whether any fundraising events for the Mayor's Community Development Fund would take place in 2021.

Recommendation:

Moved By Councillor Mulcahy

That Report CAO 02-21 regarding the 2020 Annual Report for the Mayor’s Community Development Fund and the Performing Arts Community Development Fund be received.

Carried

4.7 Public Works Department Report, PW 01-21 Re: Urban Forest Management Plan – Terms of Reference

Note: This report was withdrawn.

4.8 Public Works Department Report, PW 06-21 Re: Brooklin Infrastructure Resource Strategy Jan 2021 A question and answer period ensued between Members of Committee and Staff regarding:  a synopsis on the staffing resources in Engineering Services and the budgetary impact of meeting staffing requirements for future growth;  how many additional Staff would be funded in 2021 through the collection of development fees;  whether Staff can manage the anticipated number of development applications while ensuring Town's standards were maintained without a further impact on the tax base;  the status on the approval of the Draft Plans of Subdivision applications already submitted to the Town;  the timeline for updating the engineering fees, and the possibility of using engineering fees to offset the cost of hiring Staff from the tax base;  the timeline for the review on the DAAP fees and updates to Council on the process.

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 continued dialogue with all Brooklin Landowners to provide status updates and an update to Council during the next cycle of Council and Committee meetings; and,  transferring lessons learned from West Whitby development to future Brooklin development.

Recommendation:

Moved By Councillor Mulcahy

1. That staff report PW 6-21 be received for information; 2. That Public Works staff work with the Financial Services Department to initiate a 2021 review and update of Development Approval Application Process (DAAP) fees related to Engineering services for Council consideration and approval; and, 3. That staff continue to refine the Public Works Brooklin Infrastructure Resource Strategy and update Council prior to future budget cycles with recommended refinements and requirements.

Carried

It was the consensus of the Committee to hear Item 2.2, Delegation by Astrid Poei, at this time.

5. Closed Session The Committee did not move into Closed Session to consider the appointment to the Accessibility Advisory Committee and the recommendation was moved and carried in Open Session.

5.1 Confidential Memorandum from C. Harris, Town Clerk, dated January 6, 2021 regarding Recommendation for Appointment to the Accessibility Advisory Committee

Recommendation:

Moved By Councillor Yamada

That Naji Hassan's term on the Accessibility Advisory Committee be extended to November 14, 2022 or until a successor is appointed.

Carried

6. Rising and Reporting

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6.1 There were no matters considered in closed session; therefore, the Committee did not rise and report.

7. New and Unfinished Business - General Government

7.1 New and Unfinished Business List - Item MD-4431 Councillor Mulcahy inquired about the status of Item MD-4431, regarding fishing in Town parks. A brief question and answer period ensued between Members of Committee and Staff regarding whether this matter was primarily focused on the lake front. J. Romano, Commissioner of Community Services advised that this matter would be brought back to Council prior to the fishing season.

7.2 New and Unfinished Business List - Item MD-4914 Councillor Mulcahy inquired about the status of Item MD-4914 regarding the three-way stop at Whitby Shores Greenway and Scadding Avenue. S. Beale, Commissioner of Public Works, advised that a memorandum to Council would be forthcoming in the near future.

7.3 Permanent Outdoor Ice Rinks Councillor Lee introduced a motion regarding permanent outdoor ice rinks. A question and answer period ensued between Member of Committee and Staff regarding:  the possibility of incorporating permanent artificial ice surfaces at Town facilities;  whether Staff would continue with the installation of ice rinks at Brooklin Memorial Park and Peel Park should the current COVID- 19 Emergency Order be lifted in February;  whether the framing for the ice rinks at Brooklin Memorial Park and Peel Park have been removed;  whether there has been discussions about using the land in front of Town Hall for an outdoor rink; and,  whether any discussions have taken place with developers that may be willing to sponsor a refrigerated ice surface.

Recommendation:

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Moved By Councillor Lee

Whereas two ice rink locations were identified by staff for the winter of 2021; and,

Whereas the demand for more outdoor activities, recreation and the desire of residents to have multiple outdoor ice rinks exists in our community; and,

Whereas local businesses have been quick to express desire to sponsor permanent outdoor rinks; and,

Whereas local charitable organizations have had little opportunity in 2020 to fundraise at events and are now searching for opportunities.

Now therefore be it resolved:

Carried

Adjournment

Motion to Adjourn

Recommendation:

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Moved By Councillor Drumm

That the meeting adjourn.

Carried

The meeting adjourned at 9:58 p.m.

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Memorandum to Council Community Services Department

To: Mayor and Members of Council CC: Matt Powers, Senior Manager of Parks, Acknowledged by M. Gaskell, Parks Planning and Culture Chief Administrative Officer From: John Romano, Commissioner Community Services Date: January 22, 2021 File #: N/A Subject: Unnamed West Whitby District Park Report – CMS 01-21 COW Deferral/Pickleball

On Monday January 18 2021, during the Committee of the Whole Meeting, Item 4.2, Community Services Department Report, CMS 01-21 West Whitby Unnamed District Park was deferred to the Council Meeting of January 25, 2021 in order for staff to review potential alternative options for the proposed pickleball court area.

At the Committee of the Whole Meeting six (6) delegations were heard from residents within or moving into the Mattamy neighborhood in which the proposed Unnamed District Park is located. Numerous emails have also been received by Council and Community Services staff regarding the proposed park design and concern about the pickleball courts.

All delegations expressed a desire for the proposed pickleball courts to be replaced with another park use. Replacement use ideas include converting the pickleball courts to an additional multi use area for basketball, tennis courts or volleyball. Other suggestions include a skate park, ice skating or additional playground area. The emails received by Council and Community Services staff expressed the same replacement ideas.

Community Services staff have reviewed the emails and notes from the delegations and have prepared this memorandum to address Council’s direction to review potential alternative replacement uses for the proposed pickleball area, as well as concerns about including modern play equipment and providing a rubber resilient play surface. Staff have included an alternative design solution, proposed interpretative sign idea as well as clarification of the pickleball direction identified within the Sports Facility Strategy (SFS) that many residents have referenced. As a way to address concerns and desires

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raised by residents staff are proposing altering the design of the pickleball courts to include a multi-purpose wall and additional signage to memorialize the bee event and its importance to the development of this community.

Multi-Purpose Wall

Community Services staff are proposing an alternative design solution to include additional play value, that a multi-purpose wall (attached/adjacent to pickleball fence) and associated asphalt area be constructed along the west fence line of the pickleball courts to provide a practice area for activities where a ball can be bounced back to the user. Staff have included a diagram below to depict the location on the park plan and an example of the proposed wall that is approximately six metres wide. Additional funding will be required to support the construction of the multi-purpose wall and adjacent asphalt surfacing, which is estimated at $40,000.

Additional Signage

Staff would like to introduce a signage idea to recognize the area residents experience with honeybees. Staff recommends working with the area residents and re-create the stop sign memory by adding a stop sign near the playground area augmented with resident pictures of the day the bees swarmed onto the stop sign and telling the story of how the honey bees helped bring the new community members together. Additional, interpretative signage would explain the benefits of pollinators as well as the native bee/honeybee differences as an educational experience for park users. The additional signage will be accommodated within the existing capital budget for the park.

Additional Background Information

Potential Replacement Uses for Pickleball Courts

The main theme from the Committee of the Whole meeting was that tennis or a multi- use type court could be constructed rather than the pickleball courts. Revising the pickleball courts into a multi-use court is a duplication as the proposed park design already includes a large basketball/street hockey multi-use court area. Community Services staff does not recommend adding tennis lines to the pickleball court to create a dual purpose court. Permanent installation of tennis nets are higher than pickleball nets and would require pickleball users to bring temporary nets to be able to play. The enjoyment of both sports is reduced by the inclusion of dual sport lines and the potential conflicts between users are increased.

The proposed pickleball courts are designed in a preferred north south orientation in order to fit into the park area and surrounding grades and also provides the optimum sun orientation. Combining the pickleball court area with a multi use court to include a tennis court produces only one tennis court and would require orientating the tennis court use in a north south direction to avoid playing into the sun. Shifting the multi use court orientation in this manner is not possible as it would impact the trail, the multi-use rugby/soccer pitch spacing and create a huge impact on park grading. Providing two tennis courts would create even larger impacts on surrounding grades, increased

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asphalt and fencing costs and impacts to the adjacent trail design and or multi-purpose field design and size.

Playground Equipment Residents expressed concern that the proposed playground equipment felt dated and not modern. As CMS Report 01-21 indicated, a more modern playground equipment concept will be requested as part of the request for proposals to be issued to playground equipment suppliers once Council endorses the proposed park design. The request for proposals will identify bee-themed play equipment elements where possible. The request for proposal will be awarded to the play equipment manufacturer who can propose the best play value and the lowest qualified bid. Staff note that not all playground equipment manufacturer’s produce bee themed equipment and the Town’s request for proposal process does not allow for staff to select certain manufacturers to bid upon projects. Staff will evaluate the manufacturer’s proposal for play equipment and select the highest scoring proposal based on the evaluation criteria. Rubber Play Surface Residents expressed safety concerns about the planned engineered wood fibre play surface. The Town currently has three resilient rubber play surfaces at Portage Park, Willow Park and Folkstone Park. Providing resilient rubber play surfaces at all parks or even at all District parks is cost prohibited. Staff’s strategy to provide rubber play surface is to implement it on a wider geographic basis to try and best cover all residential areas of the Town. Currently Portage, Willow and Folkstone Parks cover the south, east and central areas of Town. Staff are assessing the north and west areas of Town and believe that the District Park north of Rossland Road West best serves the West Whitby area as it is centrally located within West Whitby Staff are also assessing future Brooklin needs as that part of the community is under growth pressure and currently has no resilient rubber play surfacing as well as providing resilient rubber surfacing at the future Victoria Waterfront Town Park. Sports Facility Strategy (SFS) Council adopted the SFS in June 2015. Many residents have referenced the SFS regarding the direction the Town should undertake in providing pickleball opportunities. Residents expressed that pickleball courts should not go into the unnamed District Park because it is a sport played by older residents and not reflective of the new younger residents in the area. The SFS states that pickleball courts should be strategically located in a destination area or an area with a high concentration of older adults. This SFS direction was implemented through the construction of pickleball courts at Cullen Central Park as it is deemed a destination area and where residents of all ages attend.

The SFS also provides direction that in the absence of an existing park, a future park in West Whitby or Brooklin should be considered particularly where the park is located to a major transportation/transit corridor for ease of access. As the unnamed District Park is our first West Whitby District Park to develop and we are proposing four courts to be developed as per the SFS recommendation. Pickleball courts are also being created in existing older neighbourhoods at Central Park in 2020 and Lupin Park this year in order to implement the SFS recommendations.

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Even with the work described above and judging by the amount of use we are seeing at the Cullen Central Park courts and overall increased demand, staff are currently assessing the need to build pickleball courts in other West Whitby District Parks and future Brooklin District Parks including the undertaking of the Master Plan for Brooklin Memorial Park.

While the 2015 SFS recognized pickleball as a fast growing sport, the popularity and growth exceeds what was anticipated across all ages. Staff are actually seeing a large growth in the game of 30-50 year olds playing, including their children. Schools within Durham Region are beginning to introduce the game in gym class. The current trend is showing that the pickleball user type has changed since the SFS June 2015 assumptions.

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-X- 92.90 -X-

-X- -X- 91.86 CB -X-92.75 -X- -X-

93.00 GRASS SWALE CENTER -X-

-X- LINE SWALE @ 2.0% -X- Image 1: Proposed 10' tall X 20' wide practice board -X- -X-

-X- 92.75 Proposed Pickelball Courts (4) -X- -X-

-X- 92.50 -X- -X-

92.50 -X- 1.0% -X-

-X- -X-

Proposed bench seating -X- 12.00 92.50 -X- area with 2 benches 1.0% -X- -X- 92.39 -X- Proposed practice board 20' -X- wide X 10' tall, see image 1 -X- -X- 92.00 -X-

-X- 92.50 -X- -X- -X- Painted lines for tennis 92.25 and pickleball half courts -X- GRASS SWALE CENTER -X- -X- -X- 91.75 LINE SWALE @ 2.0% 17.35 2% 91.75 92.00 -X- -X- 92.25

91.75 91.50 CB 92.16 91.50 North: Page 86 of 134 Agenda Item # 9.1

PROJECT TITLE: 91.25 DRAWN BY: 91.75 DATE: The Corporation of the Town of Whitby TOW 1/21/2021 Unnamed District Park CONTRACT #: N.T.S. SCALE: N.T.S.

Des Newman Boulevard DRAWING TITLE: DWG #: Whitby, Ontario Community Services Department Proposed Change to Park Design Parks Division L-1 Agenda Item # 9.1

Town of Whitby Staff Report whitby.civicweb.net

Report Title: West Whitby Unnamed District Park

Report to: Committee of the Whole Submitted by: John Romano, Commissioner of Date of meeting: January 18, 2021 Community Services

Report Number: CMS 01-21 Acknowledged by M. Gaskell, Chief Administrative Officer Department(s) Responsible: For additional information, contact: Community Services Department Matt Powers, Manager of Parks, Parks Planning and Culture, Ext 1829

1. Recommendation: That Council approve the proposed design elements for the West Whitby Unnamed District Park outlined in Community Services Department Report CMS 01-21 and illustrated in Attachment 1, including a more modern design for park playground equipment; and, That Council approve a pre-budget commitment request of $2,847,000 within the 2021 Capital Budget for the development of the proposed West Whitby Unnamed District Park project; and, That Mattamy Homes and Town Staff be authorized to proceed with the detailed construction drawings, tender documents and contractor selection, subject to pre-budget approval, and tender bid approval; and, That residents participating in the virtual community engagement process be advised of the park project start up construction timing once determined. 2. Highlights:

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• Community Services report CMS 01-21, is intended to provide Council with the background and current status of the new district park planned for the West Whitby Development area within the Mattamy Homes Subdivision.

• The report provides a summary of the park planning context and introduces the proposed park design and highlights how a district park fits into the overall provision of outdoor facilities for the entire community.

• The report provides a review and analysis of the feedback received during the community consultation process.

• The report provides a summary of the financial requirements, Capital Budget impacts and next steps. 3. Background: The District Park in the Mattamy Homes residential subdivision is located in the West Whitby Secondary Plan area north of Dundas Street West and fronting on the east side of Des Newman Boulevard. In the winter of 2017, the Town of Whitby Community Services Parks Division, in consultation with Mattamy Homes staff, began the design development for Whitby's newest (4 hectare) District Park located at 105 Des Newman Boulevard. The Council endorsed report, CMS 28-18, outlined the process by which both Mattamy Homes and TFP Developments to the north would undertake construction of the District Parks located within their subdivisions one year in advance of the planned Capital Budget timing. The objective of this park development process is to have parks designed, constructed and ready for new residents in the area to use soon after they take occupancy of their homes. The design development process for new parks within new residential areas begins soon after Council’s draft approval of the plan of subdivision. In the case of the Mattamy Homes park project, the park design process was finalized and tendered in early 2020, prior to many of the Mattamy homes being occupied. The award of the park construction tender was, however, delayed due to the pandemic and higher than expected tender bid pricing. This delay provided the opportunity to engage new residents who had subsequently moved into the area in the park design process. A virtual Community Open House (COH) was held from Tuesday, October 13 to Tuesday, October 27, 2020 through the Town’s digital engagement platform – Connect Whitby. The purpose of the engagement was to inform the public about the new park’s design and listen and learn from residents about their feedback on the park’s features. More than 1,000 residents visited the virtual COH which was widely promoted through all of the Town’s communications channels.

Park Hierarchy

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In order to better understand the park planning and design for the West Whitby Unnamed District Park a review of the Town’s hierarchy of parks is provided. The Town has four different Park classifications including Town, District, Local and Parkette; all of which serve a different function and contain different park elements and amenities. A Town Park, typically on large parcels of land, has major facilities and contains community centres, arenas, swimming pools and lighted athletic fields and is intended to serve the recreational needs of the whole community. Iroquois Park Sports Centre and Folkstone Park are examples of the Town Park classification. A District Park, minimum four hectares in size, is planned and designed to serve the recreational needs of a larger neighbourhood or series of neighbourhoods. They are designed primarily for active recreational uses including lighted athletic fields, playgrounds, courts and parking areas. Various sport user groups rely on District Parks to undertake the numerous sports programming for youth and adult sports across the community. Country Lane Park (lighted ball diamonds) and Peel Park (lighted soccer/ball) are examples of the District Park classification. Uses such as soccer fields or pickleball courts included in a District Park are a part of the overall plan to provide sport facilities for the entire Whitby community. Local Parks, 1.5 hectares in size and smaller Parkettes are intended to serve the active and passive recreational needs of the immediate neighbourhood. Local Parks contain sports fields, playgrounds, courts and walkways. Smaller Parkettes normally contain playgrounds, seating areas and walkways. The Town's Official Plan and several Council approved guiding documents help direct the development and amenities included in all of the Town’s parks. Documents include the Culture, Parks, Recreation and Open Space Plan (CPROS) the Sports Facility Strategy (SFS), 2019-2022 Accessibility Plan, the Supply and Service of Accessible Portable Toilets in Parks (CMS 37-16) and the Accessible Playground Distribution Strategy. These documents account for parks and recreation best practices, trends, demographics, current inventory and future service levels, and included extensive community consultation. 4. Discussion: The goal of the proposed West Whitby Unnamed District Park design is to create a park space with park features that will serve residents of all ages and abilities in our growing community for years to come. The park features and elements are highlighted below:

• a lighted senior size multi-purpose athletic field;

• four pickleball courts;

• multi-skills court, including basketball nets;

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• playground with an engineered wood fibre play surface;

• separate sand play area;

• splash pad;

• shade shelter;

• fitness area;

• walking trail with bench rest areas;

• parking lot;

• portable toilets within a covered shelter;

• bike racks; and,

• native plantings to support pollinator species. The analysis of the proposed park features and elements are further discussed in this section including themes that were generated from comments received through the virtual Community Open House. Virtual Community Open House More than 1,000 community members visited the Town’s virtual West Whitby Unnamed District Park Virtual Community Open House (COH) held October 13 to 27, 2020. Nearly 200 residents directly contributed their thoughts and ideas on the project through the COH. The virtual COH was promoted through a variety of channels to reach and engage with as many people as possible. This included a direct mail to more than 400 homes in the area of the park, as well as ongoing promotion on the Town’s website and social media pages. Town staff facilitated the virtual open house with assistance of the design consultant (NAK Design Strategies) who prepared conceptual design plans that were posted on the Connect Whitby page. Community members were encouraged to submit questions and participate in an open forum on the Connect Whitby page. Residents were also encouraged to email or call the Project Manager with any questions or concerns related to the park project. The comprehensive summary of what we heard through the COH is included in Attachment 2. It is anticipated that future community consultation for new park designs and park development in West Whitby may be undertaken in the same virtual manner due to the large and rapid number of home occupancies that have recently taken place and continue to occur. There are a total of eight parks including the West

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Whitby Unnamed District Park that will serve the new residents of West Whitby. Parks Staff will continue to monitor West Whitby home occupancies and best methods to engage the community. What We Heard Feedback collected through the virtual COH, including the forum, questions and emails submitted, can be categorized into the following themes: Pickleball Most residents were not supportive of including the pickleball courts within the proposed park design. Virtual Community Open House respondents tended to feel that the courts would be primarily used by senior residents from outside the immediate neighborhood and not be used by younger families in the neighbourhood. Some of the residents requested tennis courts instead of pickleball courts. Rubberized Play Surface A rubber play surface was requested for the surface of the playground equipment. Playground Equipment Nearly half of COH participants identified the proposed playground equipment design as dated and requested a more modern play equipment concept be considered. One letter was received from residents regarding the desire for more modern playground equipment with rubberized surfacing. The letter is appended as Attachment 3. Safety, Parking and Park Maintenance Some requested security cameras and park lighting. Others expressed concerns about future maintenance and the proposed location of the parking lot. Bee Theme Some residents highlighted an interest in celebrating bees by adding bee inspired elements to the park design and play equipment. Two letters were received from residents around this theme. These are attached as Attachment 4. Skating A small amount of residents requested the inclusion of a skating rink within the park design. Skateboard Park Some residents requested a skateboard park be added to the plan.

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Changes to Proposed Mattamy District Park Design and Features Based on the community feedback received related to the park design, Parks Staff are recommending the following changes be made to the park features of the new District Park in West Whitby: Playground Equipment – Modern Design A more modern playground equipment concept will be requested as part of the request for proposals to be issued to equipment suppliers in January 2020. Where possible the request for proposals will identify possible bee-themed play equipment elements. The request for proposal will be awarded to the play equipment manufacturer who can propose the best play value and the lowest qualified bid. Bee Theme – Design Opportunities Parks Staff will look for opportunities to add design details to celebrate pollinators within the park. This supports the Mayor’s Monarch Pledge and the fact that the Town of Whitby is a Bee City. Naturalized plantings and the inclusion of native plant species in the park have been included in the park design. Interpretive signage as well as design elements within the playground and splash pad areas may present additional opportunities to integrate native bee components and other pollinator inspired features within the park design. Future Considerations There are a total of eight parks planned for development that will serve the new residents of West Whitby. While not all suggestions collected through the community engagement process could be incorporated into the West Whitby Unnamed District Park due to budgetary considerations, Parks Staff will continue to consider the following as new parks are planned, designed and built in the area. This includes: Tennis Courts Tennis courts were requested as a replacement for the planned pickleball courts. The need for additional tennis courts will be accommodated in other West Whitby and future Brooklin parks. Pickleball is one of the fastest growing sports in Canada and the current/most immediate demand request received from Whitby residents. Staff believe the game will become more popular and played by residents of all ages. The proposed pickleball courts could be used by the Town’s summer playground camp programs which are likely to operate out of this park in the future. Parks staff have also been informed that the Durham Schools Boards are introducing pickleball within the elementary school physical education programs.

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Rubber Play Safety Surface A rubber play surface was requested as a replacement to the Town’s standard accessible engineered wood fibre (EWF) play surface proposed for this park. Parks Staff have identified the future West Whitby District Park, found within the TFP development, as the ideal location for a rubberized surface installation. The future TFP District Park is centrally located adjacent to Rossland Road West and will serve much of West Whitby. The unnamed TFP District Park is forecast for construction in 2021. Skating Parks Staff recognize the value and interest in outdoor skating and the Town may consider such a facility in the future. It is Park Staff’s opinion that this should be located at a Town Park to best serve the entire community and where more land is available for parking, washroom facilities and storage for related equipment to maintain the ice surface. Skateboard Park The northerly planned District Park in West Whitby is being considered as a potential location to include skate park features on a smaller scale. Park Trail/Active Transportation The proposed park plan includes a circular accessible asphalt pathway connecting park elements and includes a connection into the main recreational trail adjacent Lynde Creek. Park Name During the planning and design for this park block staff internally referred to it as Mattamy District Park; the developers name. With construction planned for 2021 this report is an opportune time to assign the official park name. The Municipal Property and Facility Naming Policy (MS 250) states that parks “shall generally be named after the street upon which the park property has its main frontage.” At this park the main frontage is Des Newman Boulevard. Consequently, this new District Park will be named Des Newman Park. 5. Financial Considerations: In the Council approved 2020 Capital Budget $2,209,725 was budgeted for this project. However due to increases in industry pricing the budget is insufficient to construct the park to the current planned level of service. These pricing increases are supported by consultant estimates provided on other proposed West Whitby parks along with the original tender pricing received for this project. As a result of these pricing increases Community Services released this project from the 2020 Capital Budget and $2,847,000 is being brought forward for Council’s

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consideration in the 2021 Capital Budget to provide for the construction of this park. Due to changes in legislation, by identifying the project within the 2021 Capital Budget and 2021 Development Charge (DC) study, a potential 10% tax based budget savings can be achieved as eligible 2021 DC Park based projects can be funded to 100% costs. The existing 2020 DC Study park based projects are funded to a maximum of 90%. The 2020 project would generate approximately a $220,975 impact to the tax base whereas the project occurring in 2021 would have no impact to the tax base as the project can be fully funded by Development Charges. Next Steps Should Council approve the proposed park design and pre-budget approval request, the park project would be tendered as soon as possible this winter. The plan is for the project to be tendered in late February/early March.

Mattamy Homes is tendering and constructing the park on the Towns behalf as allowed/provided for within the subdivision agreement and endorsed by Council through report, CMS 28-18. Mattamy Homes will include wording within the Tender documents that the award of the contract is contingent on Council approving the pre-budget approval request as noted above. Parks Staff will retain full control over the park design process, park contractor selection, site construction supervision and construction invoicing. The final park design may be adjusted if necessary to adhere to the allocated budget. Park construction is anticipated to begin in the spring of 2021, weather permitting and be completed in late summer. Full use of the multi-use sports field will occur in 2022 once the new sod has knitted and deemed acceptable by Parks Operations. Parks Staff will advise of the park project start up to residents adjacent the park, residents who participated in the Virtual Community Open House and residents who submitted correspondence. 6. Communication and Public Engagement: Town Staff distributed a public notice to over 400 homes adjacent to the park on September 25, 2020. This encouraged participation in the virtual COH which was also promoted through all of the Town’s communications channels. More than 1,000 people visited the virtual COH. It is anticipated that future community consultation for new park designs and development in West Whitby may have to be undertaken in the same virtual manner due to the large and rapid number of home occupancies that have occurred. There are a total of eight parks including Des Newman Park (Mattamy) and a park in the Heathwood development area that will serve the new residents of West Whitby.

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7. Input from Departments/Sources: The proposed design has been reviewed and endorsed by the Accessibility Advisory Committee (AAC) and the Town’s Operations Department. Parks Staff will schedule a meeting to review the proposed park design with Durham Region Police Services and will incorporate any revisions if deemed necessary. There will be ongoing annual and general maintenance to be managed by Town Parks Operations and will result in additional operational costs associated with staff resources and park maintenance equipment. 8. Strategic Priorities: The planning and design of this new district park project advances the following strategic priorities; Council Goals

• “To enhance the transparency and accessibility of Town Hall and ensure effective public consultation and engagement, including greater opportunities for voter engagement through the municipal election process.”

o This strategic priority has been advanced through the Community Consultation project.

• “To make workplace morale a priority by building a collaborative, inclusive, respectful and creative work environment that engages the abilities of all staff to solve problems, accomplish new things and deliver the best outcomes to residents.”

o This strategic priority has been advanced through the positive collaboration between multiple Town departments and staff.

• “To continue the Whitby tradition of responsible financial management and respect for taxpayers; and to understand the importance of affordability and sustainability to a healthy, balanced community.”

o This strategic priority has been advanced through the park design intended to meet the needs of the community as identified in relevant guiding plans and policies while avoiding superfluous elements or new levels of service.

• “To ensure Whitby is clearly seen by all stakeholders to be business and investment friendly and supportive; and to continuously improve the customer experience and the effectiveness and efficiency of communications, service delivery and approvals.”

o This strategic priority has been advanced through close and respectful collaboration with the associated developer.

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• “To remain the community of choice for families and become the community of choice for seniors and job creators; and to focus new growth around the principles of strong, walkable and complete neighbourhoods that offer mobility choices.

o This strategic priority has been advanced with the parks connection to a trail that will travel through the adjacent Lynde Creek open space from Dundas Street West to Taunton Road West. This trail is being constructed as part of the West Whitby development and West Whitby Parks Master Agreement. Corporate Strategic Plan

• Throughout the planning and design of this project Town staff have; o worked together following the Core Values and using the C.A.R.E principles. o offered our clients, be they residents or developers, a consistent, optimized and positive customer service experience Accessibility

• This project has been designed to be highly accessible and has been reviewed by Whitby’s Accessible Advisory Committee. Sustainability.

• This project supports sustainability through design elements including naturalized plantings, pollinator plantings, and tree plantings 9. Attachments: Attachment 1 – Park Concept Design Attachment 2 – COH Summary Attachment 3 – Resident Letter 1 Attachment 4 – Resident Letter 2

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CMS 01-21 Attachment # 1 Unnamed District Park Conceptual Plan

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CMS 01-21 Attachment 2

Community Open House Summary West Whitby Unnamed District Park Thank you to the more than 1,000 community members who visited the Town’s virtual West Whitby Unnamed District Park Virtual Community Open House (COH) held October 13 and 27, 2020. Nearly 200 residents contributed their thoughts and ideas on the project through Connect Whitby. Input will now be used to finalize a proposed design for the new park, to be located at the corner of 105 Des Newman Boulevard and Whitefish Street. The virtual COH was promoted through a variety of channels to reach and engage with as many people as possible. This included a direct mail to more than 400 homes in the area of the park, as well as ongoing promotion on the Town’s website and social media pages. Town staff facilitated the virtual open house with assistance of the design consultant (NAK Design Strategies) who prepared conceptual design plans that were posted on the Connect Whitby page. Community members were encouraged to submit questions and participate in an open forum on the Connect Whitby page. Residents were also encouraged to email or call the project manager (Jill Stanton) with any questions or concerns related to the park project. Key Engagement Highlights Participants in the Community Open House - 182 participants; 166 live in Whitby and 16 work in Whitby - 264 comments submitted on Connect Whitby Discussion Themes Feedback collected through the virtual COH, including the forum, questions and emails submitted, can be categorized into the following themes: • Pickleball: 3% of the participants commented in support of pickleball courts while 59% opposed pickleball. The residents in opposition were not familiar with the sport and believed the courts would not be utilized by local residents. The perception held by most respondents was that the game was only played by seniors. People familiar with the game responded in the forum explaining how the game is a low impact sport enjoyed by all ages. • Rubberized Play Safety Surface: This was requested by 29% of participants as a replacement to the Town’s standard accessible engineered wood fibre surface proposed for this park. • Playground Equipment: 42% of the participants perceived the proposed playground as a dated design and requested a new modern concept be considered.

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CMS 01-21 Attachment 2

• Safety and park maintenance: 7% of the participants had concerns related to park safety and maintenance. The installation of security cameras, trail lighting and shifting the parking lot to Des Newman Boulevard were suggested as methods to improve safety while reducing noise and litter in the new park. • Bee Theme: 4% of participants showed interested in celebrating honeybees by adding honeybee inspired elements to the park design. • Skating: A skating rink or track was of interest to 20 members of the community. • Skateboard Park: 4% of the participants residents requested a skatepark added. Next Steps • Town staff are continuing to review the community feedback received during the virtual Community Open House. Town staff are also reviewing two letters submitted on behalf of 204 households from the community, which included additional feedback and suggestions • The feasibility, practicality and merit of the suggested design changes will be evaluated alongside the:

o recreational needs of the community as understood through Council- approved guiding documents like the Culture, Parks, Recreation and Open Space Plan, Sports Facility Strategy and 2019-2022 Accessibility Plan; and,

o allocated park development budget for the project. • Town of Whitby staff will submit a report to Council early in 2021 summarizing the community consultation process and feedback received. The report will present staff’s recommended park design adjustments and request Council’s approval to move forward with tendering. • Park construction is intended to begin in the spring of 2021 and be completed that same fall. Appendix A: Demographics of Virtual Open House and Whitby Residents The Unnamed District Park design will be guided by staff, the design consultant, and community members. The Town of Whitby is committed to hearing from a broad representation of our community. Analysing the demographics of the participants in the Virtual Open House helps the Town to understand who participated in the virtual open house and compare this to the demographics of the Town to identify any groups that may need to be further consulted with. Below are the compiled demographics of the registered participants of the virtual COH.

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CMS 01-21 Attachment 2

Figure 1: Count of participants that live or work in Whitby

Figure 2: Age range of participants

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CMS 01-21 Attachment 2

Figure 3: Population distribution of Whitby

31% 12%

17%

14%

19%

18-24/20-24 25-34 35-44 45-54 55-64 65+

Figure 4: Percentage of participants that signed up for the Town of Whitby mailing list to stay up to date on the project

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CMS 01-21 Attachment 3

Ms. Astrid Poei and Ms. Mariam Boni

October 26, 2020

Ms. Jill Stanton Landscape Architect, Town of Whitby

575 Rossland Road East Whitby, ON L1N 2M8

Dear Ms. Stanton:

Thank you to the Town of Whitby for holding this Community Open House (COH) from October 13-27, 2020 regarding the future park in the area of Des Newman and Whitefish in West Whitby – also known as Queen’s Common West. As residents in Queen’s Common West, we appreciate the opportunity to comment on behalf of ourselves and our neighbours who have undersigned this letter.

When we first approached the town, we requested a park that celebrates our area’s short but powerful history of when a swarm of honeybees landed in our neighbourhood and brought the community together.

We want a park that is aesthetically pleasing and accommodates the very people that live here and will use the facilities.

What the town presented to us, however, is deeply disappointing.

WE WANT A BETTER PLAYGROUND AREA WITH MODERN EQUIPMENT AND RUBBERIZED FLOORING

The playground area being proposed falls short of that mark. It is sad and outdated. The quality of the space is not reflective of the high taxes being charged of our community.

When we corresponded with the town, we were under the assumption that – this being a district park – the facilities would be better than Audley Park in Ajax. Or even Jeffery or Bayscliffe parks in Whitby, which were continually referenced by town staff.

This proposed playground equipment is like travelling back in time to the 90s.

…/2

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We need a modern park with equipment that encourages the young future minds of our generation to be adventurous, can accommodate the large number of neighbourhood children while also safely physically distancing and even accommodates parent-with- child play. Some examples of equipment include tango swings, nests or rope webs, zip lines and saucer swings. For pictures, please visit this site.

Adding a honeybee theme to this would help continue to bring our community together. But not a sad, sorry bee in the corner like you’ve shown us in your renderings and not as a sacrifice to modern play equipment.

Moreover, the current wood fibre chips are a safety concern for many in our neighbourhood. We want a rubberized floor to encourage more kids to use the playground. If money is an issue, please ask Mattamy or Tiffany Park to contribute or seek stimulus funding to subsidize the cost.

NO TO PICKLEBALL COURTS

While this park is a district park, it is the only park that will service two major subdivision developments – Mattamy and Tiffany Park. It will be a well-used park.

The inclusion of pickleball courts is a pain point because the residents in the immediate area do not fit the demographic (age and racial profile) of pickleball players. Your own Sports Facility Strategy states on page 58, that the pickleball courts should be located in “an area with a high concentration of older adults since these are the primary participants in the sport” and on page 60, near an “older adult residential community or facility utilized by older adults.”

This is not the demographic of the Mattamy nor the Tiffany Park developments.

The demographic of our area is young professionals in their 30-40s, with young children and we are predominantly of colour, particularly Southeast Asian descent. And we do not play pickleball. Your strategy was drafted in 2015 – long before you would have been aware of the earliest residents to occupy the neighbourhood in summer 2019.

Furthermore, the cost to play the sport is prohibitive. Racquets cost approximately $120 each. It is hard to imagine that someone would spend a minimum of $240 (because they’d need someone to play with), plus the cost of a ball and HST to take up the sport on a whim.

…/3

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On page 60 of your strategy, it suggested possible modifications to existing “tennis courts… through additional line markings and adjustable nets.” May we suggest modifying an older tennis court in another, older neighbourhood, where their demographics meet the demographics of pickleball players?

We request that you replace the proposed pickleball courts with something that will be utilized in our neighbourhood. Some suggestions include tennis/volleyball courts, additional playground area, a second multi-skills court, skating rink, skateboard park, or a dedicated seating area with picnic table benches.

THIS PARK MUST BE BUILT FOR RESIDENTS WHO ACTUALLY LIVE HERE OR IT IS A WASTE OF TAXPAYER MONEY

With this being the only main park for the two major developments and Covid-19 persisting, this space will be our only respite.

It is painful to think that the town would build a park with a disappointing playground and pickleball courts that will not be used by the very residents whose home purchase prices covered the development costs of the park and who pay the highest residential taxes in all of Whitby.

Finally, we request that you share an updated park plan that incorporates comments from the COH.

We look forward to your reply on this matter.

Sincerely,

Astrid Poei and Mariam Boni Residents Queen’s Common West along with our neighbours and our families who have undersigned here

Note: Names and addresses have been removed to respect the privacy of those that have signed this letter. In total there are 204 households listed that represents 379 individuals over the age of 18.

Cc Don Mitchell, Mayor, Town of Whitby

Deidre Newman, Councillor, Ward 2, Town of Whitby

Tim Kelly, Whitby This Week

Frazer Snowdon, Global News Durham

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CMS 01-21 Attachment 4

Ms. Astrid Poei Ms. Mariam Boni

October 26, 2020

Ms. Jill Stanton Landscape Architect, Town of Whitby

575 Rossland Road East Whitby, ON L1N 2M8

Dear Ms. Stanton:

You mentioned that you are familiar with our neighbourhood’s original request for a honeybee-themed park. With this letter, we are formally putting forward the request again to be included with your COH evaluation on behalf of ourselves and our neighbours who have undersigned this letter.

In May 2020, a swarm of honeybees landed on a stop sign at the corner of George Holley Street and Littlebeck Crescent. A beekeeper was called to collect the bees and our neighbourhood rallied around them, eventually buying 252 jars of honey. We plan to make this an annual event.

We want a park that is modern in aesthetics, accommodates the very people that live here and celebrates our neighbourhood’s short but powerful history of when the honeybees landed in our area and brought the community together.

We also find the theme fitting since Whitby is a Bee City.

We BEE-lieve it is possible to incorporate the honeybee theme throughout the park, in a thoughtful and tasteful manner, while still upholding our community’s core asks:

 Modern playground equipment with rubberized flooring  No pickleball courts

A honeybee-themed park can be easily implemented through cohesive colour choices (with yellow as a predominant colour complemented by black and/or green shades) and a few additions and changes.

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For example, to achieve the honeybee theme with the splashpad, replace the frog and parrot decals with the same honeybee decal shown in the centre.

There is a real shift towards buying local and people curious to know where their food comes from. To incorporate education into the park, include:

 plaques that describe the type of pollinator-friendly plantings and statistics and facts on honeybees

…/3

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 a Little Free Library made to look like a hive or a honey comb near the playground or seating areas for outdoor reading  a plaque or a mural commemorating when the honeybees landed in our neighbourhood and our beekeeper’s words of working together like a hive (see attachment)  An “Instagrammable / feature area or wall” with honeybee wings or make some of the plantings sunflowers. These feature areas could be placed in strategic locations to create a welcoming gateway feature to the park:

…/4

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Moreover, as we have mentioned on numerous occasions, we would like a playground with modern equipment that can accommodate parent-and-child play.

Some examples of equipment include tango swings, nests or rope webs, zip lines and saucer swings, similar to what is available at Audley Park in Ajax.

For pictures, please visit this site.

…/5

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Some examples of the aesthetics of how the park equipment could look to incorporate the honeybee theme include:

Here is a video of how the playground can look:

https://www.youtube.com/watch?v=cVsxainYol8

Finally, we request that the park be named WhitBEE Park.

…/6

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Such a park ties in well with our short neighbourhood history, celebrates the town’s commitment as the 10th Bee City in Canada and, well, it’s just fun.

Please help us create a buzz around play time in the Town of WhitBEE.

We also request you share updated park plans that incorporate comments from the COH.

We look forward to your response on this matter.

Sincerely,

Astrid Poei and Mariam Boni Residents Queen’s Common West, Town of Whitby

Note: Names and addresses have been removed to respect the privacy of those that have signed this letter. In total there are 204 households listed that represents 379 individuals over the age of 18.

Cc Don Mitchell, Mayor, Town of Whitby Deidre Newman, Councillor, Ward 2, Town of Whitby Tim Kelly, Whitby This Week Frazer Snowdon, Global News Durham

Page 110 of 134 Agenda Item # 10.1

Town of Whitby By-law # 7710-21

Part Lot Control By-law Being a By-law to designate certain portions of a registered Plan of Subdivision (SW- 2015-03) as not being subject of Part Lot Control. Whereas subsection 50(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Act”), provides that the council of a local municipality may by by-law provide that the part-lot control provisions in subsection 50(5) of the Act, do not apply to the land that is within a registered plan of subdivision as is designated in the by-law; And Whereas, the Council of The Corporation of the Town of Whitby considers it appropriate to pass such a by-law relating to the lands hereinafter described; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General That subsection 50(5) of the Act shall not apply to the following lands, all situated in the Town of Whitby, Regional Municipality of Durham; (a) Block 89, Plan 40M-2653, being all of PIN 26547-1876 (LT); (b) Block 90, Plan 40M-2653, being all of PIN 26547-1877 (LT); (c) Block 95, Plan 40M-2653, being all of PIN 26547-1882 (LT); and, (d) Block 96, Plan 40M-2653, being all of PIN 26547-1883 (LT). That a copy of this By-law be registered in the appropriate Land Registry Office on title on the lands set out herein. 2. Effective Date The by-law shall be in force and effect upon final passage thereof, and shall remain in force and effect for a period of two (2) years from the date of its passing, ending January 25, 2023.

Page 111 of 134 Agenda Item # 10.1

By-law read and passed this 25th day of January, 2021.

Don Mitchell, Mayor

Christopher Harris, Town Clerk

By-law Name: Part Lot Control By-law By-law # 7710-21 Page 2 of 2

Page 112 of 134 Agenda Item # 10.2

Town of Whitby By-law # 7711-21

Part Lot Control By-law Being a By-law to designate certain portions of a registered Plan of Subdivision (SW- 2013-04) as not being subject of Part Lot Control. Whereas subsection 50(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Act”), provides that the council of a local municipality may by by-law provide that the part-lot control provisions in subsection 50(5) of the Act, do not apply to the land that is within a registered plan of subdivision as is designated in the by-law; And Whereas, the Council of The Corporation of the Town of Whitby considers it appropriate to pass such a by-law relating to the lands hereinafter described; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General That subsection 50(5) of the Act shall not apply to the following lands, all situated in the Town of Whitby, Regional Municipality of Durham; (a) Lot 32, Plan 40M-2672, being all of PIN 26547-2039 (LT); (b) Lot 33, Plan 40M-2672, being all of PIN 26547-2040 (LT); (c) Lot 34, Plan 40M-2672, being all of PIN 26547-2041 (LT); (d) Lot 35, Plan 40M-2672, being all of PIN 26547-2042 (LT); (e) Lot 36, Plan 40M-2672, being all of PIN 26547-2043 (LT); (f) Lot 38, Plan 40M-2672, being all of PIN 26547-2045 (LT); (g) Lot 39, Plan 40M-2672, being all of PIN 26547-2046 (LT); (h) Lot 40, Plan 40M-2672, being all of PIN 26547-2047 (LT); (i) Lot 41, Plan 40M-2672, being all of PIN 26547-2048 (LT); (j) Lot 42, Plan 40M-2672, being all of PIN 26547-2049 (LT); (k) Block 164, Plan 40M-2672, being all of PIN 26547-2171 (LT); (l) Block 165, Plan 40M-2672, being all of PIN 26547-2172 (LT); (m) Block 166, Plan 40M-2672, being all of PIN 26547-2173 (LT); and, (n) Block 167, Plan 40M-2672, being all of PIN 26547-2174 (LT).

Page 113 of 134 Agenda Item # 10.2

That a copy of this By-law be registered in the appropriate Land Registry Office on title on the lands set out herein. 2. Effective Date The by-law shall be in force and effect upon final passage thereof, and shall remain in force and effect for a period of two (2) years from the date of its passing, ending January 25, 2023.

By-law read and passed this 25th day of January, 2021.

Don Mitchell, Mayor

Christopher Harris, Town Clerk

By-law Name: Part Lot Control By-law By-law # 7711-21 Page 2 of 2

Page 114 of 134 Agenda Item # 10.3

Town of Whitby By-law # 7712-21

Temporary Borrowing By-law Being a By-law to Authorize the temporary borrowing of a sum or sums to meet current expenditures of The Corporation of the Town of Whitby for the calendar year 2021. Whereas Section 407 of the Municipal Act, 2001, S.O. 2001, C.25, as amended, provides that a municipality may authorize temporary borrowing, until taxes are collected and other revenues are received, of the amount Council considers necessary to meet the current expenditures of the municipality for the year; And Whereas the total amount previously borrowed by the Town pursuant to Section 407 that has not been repaid is NIL; And Whereas the Council of The Corporation of the Town of Whitby considers it advisable to provide for the external temporary borrowing of an amount up to $50,798,000 from January 1, 2021 to September 30, 2021 and up to $25,399,000 between October 1, 2021 and December 31, 2021, to meet, until the taxes are collected and other revenues are received, the current expenditures of the said Corporation for the year 2021; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows:

1. General The Treasurer is hereby authorized on behalf of the Corporation of the Town of Whitby to externally borrow from the ROYAL BANK OF CANADA an amount up to $50,798,000 from January 1, 2021 to September 30, 2021 and up to $25,399,000 between October 1, 2021 and December 31, 2021, to meet, until the taxes are collected and other revenues are received, the current expenditures of the said Corporation for the year 2021, including the amounts required for the purposes of mentioned in Subsection 407(1) of the Municipal Act, 2001, and to give on behalf of the said Corporation a promissory note or notes for the monies so borrowed, with interest at such rate as may be agreed upon from time to time. The amount that may be borrowed at any one time for the purposes set out in Section 1 of this by-law shall include the total of any similar borrowings that have not been repaid. All sums borrowed in accordance with the authority of this by-law shall, with interest thereon, be a charge upon the whole of the revenues of the Corporation of the Town of Whitby for the year 2021 and for all preceding years, as and when such revenues are received. 1.4 The Treasurer is hereby authorized and directed to apply in payment of all sums borrowed as aforesaid, together with the interest thereon, all the monies thereafter collected or received either on account or realized in respect of

Page 115 of 134 Agenda Item # 10.3

taxes levied for the year 2021 and preceding years and from any other source that may lawfully be applied for such purpose.

By-law read and passed this 25th day of January, 2021.

Don Mitchell, Mayor

Christopher Harris, Town Clerk

By-law Name: Temporary Borrowing By- law By-law # 7712-21 Page 2 of 2

Page 116 of 134 Agenda Item # 10.4

Town of Whitby By-law # 7713-21

Zoning By-law Amendment Being a By-law to amend By-law # 1784, as amended, being the Zoning By-law of the Town of Whitby. Whereas, the Council of The Corporation of the Town of Whitby deems it advisable to amend By-law # 1784; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows:

1. General Schedule “B” to By-law # 1784 is hereby amended by changing the zoning from A to A-14 for the Subject Land shown on Schedule “A-1” attached to and forming part of this By-law.

Subsection 11 (h), Agricultural (A) Zone Exceptions to By-law # 1784, as amended, is hereby further amended by adding thereto the following Exception:

(h) EXCEPTIONS EXCEPTION 14: A-14 4618 Country Lane

1. Notwithstanding the uses permitted in subsection 11(a)(ii), the temporary use of a place of worship shall be granted on the lands municipally known as 4618 Country Lane.

2. The temporary use of a place of worship shall cease to be in effect as of 25 January, 2024.

By-law read and passed this 25th day of January, 2021.

Don Mitchell, Mayor

Christopher Harris, Town Clerk

Page 117 of 134 Agenda Item # 10.4

By-law Name: Zoning By-law Amendment By-law # 7713-21 Page 2 of 2

Page 118 of 134 Agenda Item # 10.5

Town of Whitby By-law # 7714-21

Official Plan Amendment Number 119 Being a By-law to adopt Amendment Number 119 to the Official Plan of the Town of Whitby; Whereas Sections 17 and 21 of the Planning Act, R.S.O. 1990, c.P.13, as amended, provide that the Council of a municipality may by by-law adopt amendments to its Official Plan;

And whereas, the Council of The Corporation of the Town of Whitby deems it advisable to amend the Official Plan of the Town of Whitby;

Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General

Amendment Number 119 to the Official Plan of the Town of Whitby, attached as Schedule “A” to this By-law, is hereby adopted.

The Clerk of the Corporation of the Town of Whitby is hereby authorized and directed to forward to the Regional Municipality of Durham the documentation required by Regional By-law 11-2000 and Regional Procedure: Area Municipal Official Plans and Amendments, for exempt Official Plan Amendments.

This By-law shall come into force and take effect in accordance with the provisions of the Planning Act.

By-law read and passed this 25th day of January, 2021.

Don Mitchell, Mayor

Christopher Harris, Town Clerk

Page 119 of 134 Agenda Item # 10.5

Schedule ‘A’ to By-Law 7714-21

Amendment # 119 to the Town of Whitby Official Plan

Purpose: The purpose of this Amendment to the Town of Whitby Official Plan is to permit an increase to the maximum permitted density as a site specific exception within the Mixed Use designation of the Rossland / Garden Urban Central Area Secondary Plan, on the subject land.

Location: The lands subject to the Amendment are generally located within Concession 3, Part Lot 24, on the north side of Rossland Road, east of Garden Street and are municipally known as 812, 816, 900, 904 & 908 Rossland Road East.

Basis: The Amendment is based on an application to amend the Town of Whitby Official Plan (File: OPA-2020-W/01), as submitted by Evans Planning Inc., on behalf of Star Residence Ltd. The Amendment would permit, as a site specific exception within the Mixed Use designation of the Rossland / Garden Urban Central Area Secondary Plan, an increase to the maximum permitted density from 110 to 195 units per net hectare on the subject land. The Amendment would permit the proposed development of two mixed use buildings consisting of 5 storeys of non- residential and apartment uses plus a 1 storey penthouse for mechanical and indoor amenity space, in each of the two buildings. The mixed use buildings will include a total of 148 residential apartment units, including 17 integrated live/work townhouse units, and approximately 794 square metres (8,547 ft2) of non-residential floor space.

The proposed mixed use development is consistent with the policies of the Provincial Policy Statement in that it would support increased residential densities on underutilized lots, takes advantage of existing infrastructure and public services facilities, and supports active transportation and transit in the neighbourhood.

The proposed mixed use development conforms to the Growth Plan policies, regarding compact and pedestrian oriented development within nodes and corridors. In addition, the proposed mixed use development represents an intensification opportunity within the built-up area of the Town of Whitby and is located within the 'Built Boundary' as defined by the Province, and would contribute to the Town’s intensification targets.

By-law Name: Official Plan Amendment #119 By-law # 7714-21 Page 2 of 4

Page 120 of 134 Agenda Item # 10.5

The proposed mixed use development is consistent with the policy direction of the Regional Official Plan by: increasing densities on underutilized lots within an Urban Centre and an intensification area; contributing to the development of complete communities by adding to the array of uses that support the development of the Urban Centre; and providing a mid-rise built form that would contribute to the increase of the overall long- term FSI within the Urban Centre.

The proposed mixed use development meets the overall intent of the policies of the Whitby Official Plan and Rossland / Garden Urban Central Area Secondary Plan by: providing an integrated mix of uses in a compact form that is an efficient and effective use of land resources and municipal services; contributing to the integrated array of uses which support the planned function of the Rossland / Garden Urban Central Area; redeveloping five underutilized parcels of land; providing a built form that is an appropriate transition between, and compatible with the adjacent land uses; providing an appropriate height and built form within the Urban Central Area.

The proposed mixed use development meets the general intent of the policies of the Whitby Official Plan regarding residential development and related housing policies, and would allow for the development of a range of tenure types and housing forms while contributing to the achievement of the intensification targets for the municipality.

The subject lands are serviceable and suitable for the proposed use, and would be compatible with the existing and designated uses of surrounding lands.

Development of the subject lands would be subject to the provisions in the implementing Zoning By-law and Site Plan Control By-law.

Actual Amendment: The Town of Whitby Official Plan is hereby amended as follows:

1) By amending the Rossland / Garden Urban Central Area Secondary Plan, by adding the following new Section:

“11.4.5.3 Notwithstanding any other provisions of this Plan to the contrary, for lands located within Concession 3, Part Lot 24, municipally known as 812, 816, 900, 904 & 908 Rossland Road East, identified by Assessment Roll numbers 18-09-040-035-07700-0000, 18-09-040-035-07800-0000, 18-09-040-035-07900-0000, 18-09-040-035-08000-0000 and 18-09-040-035-08100-0000, the maximum permitted residential density shall be 195 units per net hectare.”

By-law Name: Official Plan Amendment #119 By-law # 7714-21 Page 3 of 4

Page 121 of 134 Agenda Item # 10.5

Implementation: The provisions set forth in the Town of Whitby Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this amendment.

Interpretation: The provisions set forth in the Town of Whitby Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this amendment.

By-law Name: Official Plan Amendment #119 By-law # 7714-21 Page 4 of 4

Page 122 of 134 Agenda Item # 10.6

Town of Whitby By-law # 7715-21

Zoning By-law Amendment Being a By-law to amend By-law #1784, as amended, being the Zoning By-law for the Town of Whitby; Whereas, on November 2, 2020 Council approved applications to amend the Town’s Official Plan and Zoning By-law #1784 to permit the development of two mixed use buildings on the Subject Land conditional on the approval of appropriate amendments to the Town of Whitby Official Plan and Zoning By-law #1784; And whereas, Amendment #119 to the Town of Whitby Official Plan was approved by Council on November 2, 2020 to permit an increase in the maximum permitted residential density on the Subject Land; And whereas, a by-law to adopt Amendment #119 to the Town of Whitby Official Plan was passed on January 25, 2021; And whereas, the Council of The Corporation of the Town of Whitby now deems it advisable to amend By-law #1784; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General

That Schedule “B” to By-law #1784 is hereby amended by changing the zoning from R2 and OR to CMU*-14 for the land shown as the Subject Land on Schedule “A-1” attached to and forming part of this By-law amendment.

Subsection 5P(iv) – Commercial Mixed Use (CMU*) Zone – Exceptions to By- law #1784, as amended, is hereby further amended by adding thereto the following Exception:

(14) CMU*-14: Exception 14 812, 816, 900, 904 and 908 Rossland Road East

1. Defined Area

The lands located north of Rossland Road East and east of Garden Street and zoned CMU*-14 shall be subject to the provisions as hereinafter contained. Matters not specifically dealt with in this By-law amendment shall be governed by the relevant provisions of By-law #1784.

Page 123 of 134 Agenda Item # 10.6

2. Uses Permitted

No person shall within any CMU*- 14 Zone use any lot or erect , alter or use any building or structure except for one or more of the following uses:

 apartment building  live-work dwelling where the non - residential work component within the unit is a use permitted in the CMU* Zone  mixed use building where the non - residential use within the building is a use permitted in the CMU* Zone

Provided however that an apartment building and/or live-work dwelling shall only be permitted when developed in conjunction with a mixed use building.

3. Zone Provisions

No person shall within any CMU*-14 Zone use any lot or erect, alter or use any building or structure for any purpose except in accordance with the following provisions:

(a) Determination of Lot

Notwithstanding the definition of Lot in Section 2 and any other provisions of By-law #1784 and notwithstanding the obtaining of any severance by way of a consent under the provisions of the Planning Act, R.S.O. 1990, C. P.13 as amended from time to time, or the registration at any time of any Condominium Declaration, a Plan of Subdivision, or conveyance with respect to any portion of the said land, the land zoned CMU*-14 by this By-law shall be considered to be one lot.

(b) Lot Line Determination

The lot line abutting Rossland Road East shall be deemed the front lot line and the lot line furthest from and opposite the front lot line (Teddington Crescent) shall be deemed the rear lot line. All other lot lines shall be deemed interior side lot lines.

Minimum 2 storeys Maximum 5 storeys

By-law Name: Zoning By-law Amendment By-law # 7715-21 Page 2 of 7

Page 124 of 134 Agenda Item # 10.6

(d) Roof Top Appurtenances

The maximum height of any roof top appurtenances such as an elevator penthouse, mechanical room, stair tower, roof top access room, amenity space and any architectural features shall not exceed 6 metres. No floor area above the fifth storey shall be used as a dwelling unit.

(e) Lot Coverage Maximum 40%

(f) Landscaped Open Space Minimum 40%

(g) Front Yard Minimum Depth 3.0 m Maximum Depth 7.0 m

(h) Rear Yard Minimum Depth 7.5 m

(i) Interior Side Yard Minimum Width 5.5 m

(j) Decks, Porches, Steps, Patios and Balconies

(i) Decks, porches, patios and balconies are permitted to project from the main wall of a building provided they are set back a minimum distance of 2.0 m from a street line, property line, aisle and/or driveway.

Provided however, that a balcony can only project from the main wall of a building into the interior side yard a maximum distance of 2.1 m.

(ii) Steps are permitted to project provided they are setback a minimum distance of 0.6 m from a street line, aisle and/or driveway.

(k) Aisle and/or Driveway Width

(i) The maximum width of a driveway at the street line shall be 12.3 m

(ii) The minimum width of an aisle and/or driveway serving a loading area shall be 6.0 m

By-law Name: Zoning By-law Amendment By-law # 7715-21 Page 3 of 7

Page 125 of 134 Agenda Item # 10.6

(l) Number of Live-Work Dwelling Units Maximum 18

(m) Live – Work Dwelling Provisions

(i) The non-residential component of a live-work dwelling unit shall be situated only on the first storey of the dwelling.

(ii) The minimum gross floor area of the non-residential component of a live-work dwelling unit shall be 50 m2 excluding any floor area used for a washroom, mechanical or electrical room or a storage room.

(iii) The maximum elevation of the ground floor of the first storey above finished grade level at the primary entrance door to the non-residential component shall be 0.6 m.

(iv) The minimum floor to ceiling height of the first storey of all live-work dwelling units shall be 3.1m.

(v) The non –residential gross floor area component of a live –work dwelling unit shall not be used in determining the minimum required non – residential gross floor area required in provision 3 ( n ) ( i ) below.

(n) Non-Residential Provisions

(i) The minimum gross floor area devoted to non-residential uses shall be 740 m2 excluding outdoor patios related to non-residential uses.

(ii) Non-residential uses shall only be permitted on the first and second storey.

(iii) The minimum floor to ceiling height of the first storey for all non-residential uses shall be 3.1 m.

(iv) Notwithstanding the minimum building yard setback provisions to the contrary, any ornamental or architectural structure such as a canopy or a colonnade may project to within 1.0 m of the property line.

(v) No drive through facilities are permitted.

By-law Name: Zoning By-law Amendment By-law # 7715-21 Page 4 of 7

Page 126 of 134 Agenda Item # 10.6

(o) Parking and Loading Requirement

Notwithstanding any provisions of Section 4A to the contrary, the following provisions shall apply:

(i) Number of Live-Work Dwelling Unit Parking Spaces Minimum 1.25 spaces per dwelling unit plus 0.25 spaces per dwelling unit dedicated for visitors parking.

(ii) Number of Non-Residential Parking Spaces 1.0 space per 30m2 of gross leasable area

(iii) Tandem parking spaces shall be permitted and be counted as two parking spaces only where used by an owner or tenant of one dwelling unit.

(iv) The parking space dimensions for an accessible parking space shall be Type of Space Min. Min. Min. Length Width Height Accessible Parking 5.8 m 3.4 m 2.1 m Space

(v) The minimum unobstructed height of a parking space may be obstructed by facilities for a suspended bicycle parking space for the exclusive use of the owner or assigned user of the parking space.

4. Zone Provisions That Do Not Apply

The following subsections of Section 4 General Provisions shall not apply to the lands zoned CMU*-14:

4(m) Ten Percent % of every lot 4(w) Satellite Dishes

5. Definitions

For the purpose of the interpretation of the various zone provisions set forth above, the following definitions shall apply and where there is a conflict between the definitions set forth here under and those set forth in Section 2 of By-law #1784, the following definitions shall apply: By-law Name: Zoning By-law Amendment By-law # 7715-21 Page 5 of 7

Page 127 of 134 Agenda Item # 10.6

(a) “Amenity Space” means a space within a building or outside of a building which provides an active and/or passive recreation area for the exclusive use of the occupants of the building for which it is intended to apply.

(b) “Live-Work Dwelling” means a dwelling unit within a building, in which a portion of the unit at grade level may be used as a business establishment and the remainder of the unit shall be a dwelling unit and whereby each “live” and “work” component within a portion of the unit has an independent entrance from the outside and an interior access between the “live” and “work” component.

(c) “Mixed Use Building” means a building containing residential uses and at least one other non-residential use. By-law #7715-21 shall not come into force and effect until Amendment #119 to the Town of Whitby Official Plan has received final approval.

By-law read and passed this 25th day of January, 2021.

Don Mitchell, Mayor

Christopher Harris, Town Clerk

By-law Name: Zoning By-law Amendment By-law # 7715-21 Page 6 of 7

Page 128 of 134 Agenda Item # 10.6

By-law Name: Zoning By-law Amendment By-law # 7715-21 Page 7 of 7

Page 129 of 134 Agenda Item # 10.7

Town of Whitby By-law # 7716-21

Amend the Fees and Charges By-law Being a By-law to amend the Fees and Charges By-law # 7220-17, as amended. Whereas the Council of The Corporation of the Town of Whitby considered Staff Report CMS 02-21 at its meeting on January 18, 2021; And whereas the Council of The Corporation of the Town of Whitby deems it necessary to repeal and replace Schedule K to the Fees and Charges By-law for Community Services Department in accordance with Staff Report CMS 02-21; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General

1.1 That Schedule K, Community Services Department Fees – Port Whitby Marina Fees, of By-law # 7220-17 be repealed and replaced with Schedule K attached hereto and forming part thereof. 2. Effective Date

2.1 This by-law shall come into force and effect upon the date of passing.

By-law read and passed this 25th day of January, 2021.

Don Mitchell, Mayor

Christopher Harris, Town Clerk

Page 130 of 134 Agenda Item # 10.7

Schedule K To By-law # 7220-17 Community Services Department Fees – Port Whitby Marina Fees (Effective February 15, 2021 to February 14, 2022)

Definitions 1. Marina Reciprocal Membership means a membership for a marina customers to have access to other participating reciprocal clubs.

Fee Fee (Including HST Fee Title (Excluding Taxes, if Fee Basis Applicable Taxes) applicable)

Marina Boat Handling

Launch $9.57 Yes $10.81 1 foot

Launch 12 month boater $7.84 Yes $8.86 1 foot

Haul Out $9.57 Yes $10.81 1 foot

Haul out 12 month boaters $7.84 Yes $8.86 1 foot

Travel Lift/Boat move in yard $5.74 Yes $6.49 1 foot

Transport to Charles Street one $239.87 Yes $271.05 1 use way

Marina Dry Sailing / Ramp Access

Weekly $105.20 Yes $118.88 1 flat rate

Overnight $31.73 Yes $35.85 1 flat rate

May 1 to Oct 30 $37.59 Yes $42.48 1 foot

Monthly $10.05 Yes $11.36 1 foot

By-law Name: Amend the Fees and Charges By-law By-law # 7716-21 Page 2 of 5

Page 131 of 134 Agenda Item # 10.7

Fee Fee (Including HST Fee Title (Excluding Taxes, if Fee Basis Applicable Taxes) applicable)

Marina Membership

Reciprocal Membership $67.43 Yes 76.20 1annual

Marina Season Dockage

Pier 3 under 18 feet $628.37 Yes $710.06 1 flat rate

Piers 2, 4, 6 $70.60 Yes $79.78 1 foot

Piers 1, 5, 7, 8, 9 (includes 30A) $73.43 Yes $82.98 1 foot

Piers 1, 5, 7, 8, 9 (includes 50A) $80.33 Yes $90.77 1 foot

Piers 1, 5, 7, 8, 9 (includes 60A) $87.22 Yes $98.56 1 foot

Pier 3 – 19’ to 22’ $842.45 Yes $851.97 1 flat rate

Pier 3 Unserviced $56.81 Yes $64.20 1 foot

Marina Season Dockage

Public Boat Launch Daily $8.85 Yes $10.00 1 flat rate

Public Boat Launch Seasonal $97.35 Yes $110.00 1 flat rate January 1 – April 30

Public Boat Launch Seasonal $106.20 Yes $120.00 1flat rate May 1 to December 31

Mast Up or Down Minimum $134.59 Yes $152.09 1flat rate

Mast Storage Non-member $137.83 Yes $155.75 1 flat rate

Pressure Rinse Hull $3.57 Yes $4.03 1 foot

Blocking Material and Labour $8.62 Yes $9.74 1 foot

Blocking Labour Only $4.31 Yes $4.87 1 foot

Mast Up or Down $4.93 Yes $5.57 1foot

By-law Name: Amend the Fees and Charges By-law By-law # 7716-21 Page 3 of 5

Page 132 of 134 Agenda Item # 10.7

Fee Fee (Including HST Fee Title (Excluding Taxes, if Fee Basis Applicable Taxes) applicable)

Multi-spreader masts $1.50 Yes $1.70 1 foot

Marina Ramp Commerial Use $2.87 Yes $3.24 1 foot

Marina Labour $72.05 Yes $81.42 1 hour

Visitor Pump Out $17.82 Yes $20.14 tank

Marina Storage

Cradle Storage up to 30’ LOA $110.05 Yes $124.36 1 flat rate

Cradle Storage 31 – 40’ LOA $137.09 Yes $154.91 1 flat rate

Cradle Storage 41’+ LOA $164.10 Yes $185.43 1 flat rate

Trailer Storage $209.71 Yes $236.98 1 flat rate

Winter Storage Monthly $7.21 Yes $8.15 1 foot

Winter Storage November 1 to $27.74 Yes $31.35 1 foot April 30

Winter Storage – trailer-able $27.61 Yes $31.20 1 foot boats up to 30’ Nov 1 to April 30

Winter Storage Non-Member $34.23 Yes $38.68 1 foot November 1 to April 30

May 1 to October 31 Land $54.56 Yes $61.65 1 foot Storage

May 1 to October 31 Monthly $13.26 Yes $14.98 1 foot Land Storage

Dinghy Trailer storage up to 15’ $99.13 Yes $112.02 1 flat rate

Kayak/canoe/paddleboard $229.77 Yes $259.64 1 flat rate storage max 15’ length

By-law Name: Amend the Fees and Charges By-law By-law # 7716-21 Page 4 of 5

Page 133 of 134 Agenda Item # 10.7

Fee Fee (Including HST Fee Title (Excluding Taxes, if Fee Basis Applicable Taxes) applicable)

Indoor Storage – per square 1 square metre per season (May 1 to Oct $0.81 Yes $0.92 metre 31 or Nov 1 to Apr 30)

Marina Visitor Dockage

May 1 to September 30 $1.60 Yes $1.81 1 foot

October 1 to April 30 $1.43 Yes $1.62 1 foot

Weekly 7 nights $5.95 Yes $6.72 1 foot

Monthly $16.61 Yes $18.77 1 foot

By-law Name: Amend the Fees and Charges By-law By-law # 7716-21 Page 5 of 5

Page 134 of 134