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/livestream.

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/livestream.

Call to Order:  The Mayor

Call of the Roll:  The Clerk

1.

Declarations of Pecuniary Interest

2.

Adoption of Minutes

2.1

Special Council - January 31, 2022

Regular Council - January 31, 2022

Special Council - February 7, 2022

Special Council - February 17, 2022

Special Council - February 28, 2022 (Confidential Minutes Under Separate Cover)

3.

Presentations

3.1

Clint Scott and Colin Thomson, PARA Marine Search and Rescue

Re: 2021 Annual Report

4.

Delegations

4.1

Abhijayendra Singh and Prannay Singla, Whitby Cricket Association

Re: Community Services Department and Fire and Operational Services Department (Operational Services) Joint Report, CMS 04-22

Temporary Cricket Field at Brooklin Memorial Park

Refer to Item 9.1, CMS 04-22

4.2

George Gadanidis

Re: Planning and Development (Engineering Services) Department Report PDE 07-22

Stormwater Management Review - Dryden Culvert - Revised

Refer to Item 6.4, PDE 07-22

4.3

Ashley Collins

Re: Planning and Development (Engineering Services) Department Report PDE 07-22

Stormwater Management Review - Dryden Culvert - Revised

Refer to Item 6.4, PDE 07-22

Note: In accordance with Section 2.8.2 of the Procedure Bylaw, a Two Thirds Majority for a motion to hear this delegation is required as the delegation did not address Committee at the Committee of the Whole meeting.

4.4

Barry Weintraub

Re: Planning and Development (Engineering Services) Department Report PDE 07-22

Stormwater Management Review - Dryden Culvert - Revised

Refer to Item 6.4, PDE 07-22

Note: In accordance with Section 2.8.2 of the Procedure Bylaw, a Two Thirds Majority for a motion to hear this delegation is required as the delegation did not address Committee at the Committee of the Whole meeting.

4.5

Fadi Eid

Re: Thistledown Crescent Emergency Access Review

Refer to Item 6.5, Thistledown Crescent Emergency Access Review

4.6

Terry Rudkins

Re: Thistledown Crescent Emergency Access Review

Refer to Item 6.5, Thistledown Crescent Emergency Access Review

4.7

Cynthia Reedyk

Re: Thistledown Crescent Emergency Access Review

Refer to Item 6.5, Thistledown Crescent Emergency Access Review

Note: In accordance with Section 2.8.2 of the Procedure Bylaw, a Two Thirds Majority for a motion to hear this delegation is required as the delegation did not address Committee at the Committee of the Whole meeting.

4.8

Rodger Miller, representing 2349500 Ontario Inc.

Re: Thistledown Crescent Emergency Access Review

Refer to Item 6.5, Thistledown Crescent Emergency Access Review

4.9

Michael Tranquada and John Kiemele

Re: Legal and Enforcement Services Department Report, LS 04-22

Amendments to Property Standards By-law # 6874-14, Hedge Heights and Management of Vermin

Refer to Item 7.9, LS 04-22

4.10

Penny Whitehead

Re: Legal and Enforcement Services Department Report, LS 04-22

Amendments to Property Standards By-law # 6874-14, Hedge Heights and Management of Vermin

Refer to Item 7.9, LS 04-22

Note: In accordance with Section 2.8.2 of the Procedure Bylaw, a Two Thirds Majority for a motion to hear this delegation is required as the delegation did not address Committee at the Committee of the Whole meeting.

4.11

Elizabeth Leishman

Re: Legal and Enforcement Services Department Report, LS 04-22

Amendments to Property Standards By-law # 6874-14, Hedge Heights and Management of Vermin

Refer to Item 7.9, LS 04-22

Note: In accordance with Section 2.8.2 of the Procedure Bylaw, a Two Thirds Majority for a motion to hear this delegation is required as the delegation did not address Committee at the Committee of the Whole meeting.

4.12

Jennifer Loach-Perry

Re: Legal and Enforcement Services Department Report, LS 04-22

Amendments to Property Standards By-law # 6874-14, Hedge Heights and Management of Vermin

Refer to Item 7.9, LS 04-22

4.13

Karen Latino

Re: Legal and Enforcement Services Department Report, LS 04-22

Amendments to Property Standards By-law # 6874-14, Hedge Heights and Management of Vermin

Refer to Item 7.9, LS 04-22

Note: In accordance with Section 2.8.2 of the Procedure Bylaw, a Two Thirds Majority for a motion to hear this delegation is required as the delegation did not address Committee at the Committee of the Whole meeting.

4.14

Sophia Cal

Re: Legal and Enforcement Services Department Report, LS 04-22

Amendments to Property Standards By-law # 6874-14, Hedge Heights and Management of Vermin

Refer to Item 7.9, LS 04-22

Note: In accordance with Section 2.8.2 of the Procedure Bylaw, a Two Thirds Majority for a motion to hear this delegation is required as the delegation did not address Committee at the Committee of the Whole meeting.

4.15

Roy Tighe Parker

Re: Legal and Enforcement Services Department Report, LS 04-22

Amendments to Property Standards By-law # 6874-14, Hedge Heights and Management of Vermin

Refer to Item 7.9, LS 04-22

Note: In accordance with Section 2.8.2 of the Procedure Bylaw, a Two Thirds Majority for a motion to hear this delegation is required as the delegation did not address Committee at the Committee of the Whole meeting.

4.16

Philip Hlady

Re: Legal and Enforcement Services Department Report, LS 04-22

Amendments to Property Standards By-law # 6874-14, Hedge Heights and Management of Vermin

Refer to Item 7.9, LS 04-22

Note: In accordance with Section 2.8.2 of the Procedure Bylaw, a Two Thirds Majority for a motion to hear this delegation is required as the delegation did not address Committee at the Committee of the Whole meeting.

4.17

Sue Byer

Re: Legal and Enforcement Services Department Report, LS 04-22

Amendments to Property Standards By-law # 6874-14, Hedge Heights and Management of Vermin

Refer to Item 7.9, LS 04-22

Note: In accordance with Section 2.8.2 of the Procedure Bylaw, a Two Thirds Majority for a motion to hear this delegation is required as the delegation did not address Committee at the Committee of the Whole meeting.

5.

Correspondence

5.1

That the following requests be endorsed:

         Pakistan Day - Flag Raising - March 23 to 27, 2022

         Earth Hour - March 26, 2022

         Menstrual Health Day - May 28, 2022

         Year of the Garden - 2022

Recommendation:

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

5.2

Memorandum from S. Klein, Director of Strategic Initiatives, dated March 2, 2022 regarding Proposed Changes for the Next Edition of Ontario’s Building Code

Recommendation:

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

Memorandum from S. Klein, Director of Strategic Initiatives, dated March 2, 2022 regarding Proposed Changes for the Next Edition of Ontario’s Building Code

6.

Committee of the Whole Report

Planning and Development - February 14 and 28, 2022

6.1

Planning and Development (Planning Services) Department Report, PDP 10-22

Re: Site Plan Application, Madison Brooklin, Southeast Corner of Roybrook Avenue and Chelmsford Drive, File Number: DEV-28-20 (SP-16-20)

Recommendation:

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

Memorandum from P. Angleo, Director of Engineering Services, dated February 18, 2022 regarding Madison Development – Ministry of Transportation (MTO) Comments

6.2

Planning and Development (Planning Services) Department Report, PDP 11-22

Re: Sign By-law Variance to Permanent Sign By-law for 185 Brock Street North, File Number: SB-10-21

Recommendation:

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

6.3

Planning and Development (Planning Services) Department Report, PDP 12-22

Re: Signage Review

Recommendation:

1. That Report PDP 12-22 be received for information;
2. That MD-5553 be removed from the New and Unfinished Business List; and,
3. That Staff report back on ways to manage digital signage consistent with the Council approved wayfinding and signage strategy.

6.4

Planning and Development (Engineering Services) Department Report PDE 07-22

Re: Stormwater Management Review - Dryden Culvert - Revised

Recommendation:

That Report PDE 07-22 be received for information.

Memorandum from P., Angelo, Director of Engineering Services, dated February 25, 2022 regarding Report PDE 07-22 Stormwater Management Review - Dryden Culvert

6.5

Thistledown Crescent Emergency Access Review

Note: At the February 14, 2022 Committee of the Whole meeting, Staff were directed to prepare a memorandum on the existing emergency access road from Taunton Road to Thistledown Crescent and consideration of the municipal road being opened as previously decided by Council in April 2019 for discussion and review at the Council meeting of March 7, 2022. Please see the link below for the memorandum from Staff.

Recommendation:

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

Memorandum from R. Saunders, Commissioner of Planning and Development, dated February 22, 2022 regarding 850 Taunton Road East, Access Road

6.6

Planning and Development (Engineering Services) Department Report, PDE 01-22

Re: Streetlight Installation on Taunton Road

Recommendation:

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

6.7

Planning and Development (Engineering Services) Department Report, PDE 02-22

Re: Boulevard Permit Parking Program

Note: This item was referred at Committee.

6.8

Temporary Pop-Up Parking or Restricted Parking Signage

Recommendation:

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

6.9

Path Between Rivers Edge Place and Hannam Park

Note: This item was referred at Committee.

7.

Committee of the Whole Report

General Government - February 14 and 28, 2022

7.1

Community Services Department Report, CMS 03-22

Re: Civic Recreation Complex Renovations – Design Update and Next Steps

Recommendation:

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

7.2

Community Services Department Report, CMS 02-22

Re: Community Services Department – Proposed 2022 Marina and Harbour Facilities Division Fees

Recommendation:

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

7.3

Financial Services Department and Fire and Operational Services Department (Operational Services) Joint Report, FS 15-22

Re: T-102-2021 Supply and Delivery of Six (6) Tractors for Winter Sidewalk Maintenance

Recommendation:

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

7.4

Financial Services Department and Fire and Operational Services Department (Operational Services) Joint Report, FS 19-22

Re: T-109-2021 Supply and Delivery of Two (2) 4.0 cu-yd. Articulated Wheel Loaders Complete with Specified Attachments and Controls

Recommendation:

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

7.5

Financial Services Department and Fire and Operational Services Department (Operational Services) Joint Report, FS 20-22

Re: T-103-2021 Supply and Delivery of Two (2) Brush Chippers and One (1) Trailered Tree Stumper

Recommendation:

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

7.6

Fire and Operational Services Department (Operational Services) Report, FOS(OS) 01-22

Re: Debrief Report Winter Snow Storm 2022

Recommendation:

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

7.7

Legal and Enforcement Services Department Report, LS 02-22

Re: Amendments to Responsible Pet Ownership By-law # 7294-17 to Regulate the Sourcing of Domestic Animals Available for Sale

Recommendation:

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

7.8

Legal and Enforcement Services Department Report, LS 03-22

Re: Proposed Delegated Authority to Approve Minor Height Exemptions to Fence By-law # 4394-99

Recommendation:

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

7.9

Legal and Enforcement Services Department Report, LS 04-22

Re: Amendments to Property Standards By-law # 6874-14, Hedge Heights and Management of Vermin

Recommendation:

1. That the Clerk be directed to bring forward a by-law to amend Property Standards By-law # 6874-14, as amended, to remove certain hedge height provisions.

Recommendation:

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

7.10

Office of the Chief Administrative Officer Report, CAO 04-22

Re: 2022 to 2025 Special Events Strategy

Recommendation:

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

7.11

Office of the Chief Administrative Officer Report, CAO 06-22

Re: Culture Plan Update - February 2022

Recommendation:

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

For information only - Committee of the Whole Minutes of February 14, 2022 and February 28, 2022.

8.

Notice of Motion

8.1

Off-Leash Dog Parks

Moved By Councillor Mulcahy

Seconded By Councillor Roy

Whereas the Town of Whitby currently has two contained off-leash dog parks that are accessible by automobile, but not walkable for most residents;

Whereas the community continues to request walkable off-leash dog parks;

Whereas Whitby has a high awareness regarding healthy, active and environmentally friendly communities; and,

Whereas Enforcement Services is responding to numerous off-leash dog complaints in specific parks throughout the community.

Now therefore be it resolved:

That staff report back in Q2 of 2022 regarding the feasibility of installing an enclosed off-leash dog park in Optimist Park off Cassels Road in Brooklin, and in any other municipal parks where off-leash by-law issues are a regular occurrence.

9.

New and Unfinished Business

9.1

Community Services Department and Fire and Operational Services Department (Operational Services) Joint Report, CMS 04-22

Re: Temporary Cricket Field at Brooklin Memorial Park [Revised]

Recommendation:

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

CMS 04-22 Staff Report [Revised]

Memorandum from J. Romano, Commissioner of Community Services, dated March 4, 2022 regarding Temporary Cricket Field at Brooklin Memorial Park Report CMS-04-22- Revised

10.

By-Laws

That the following by-laws be passed:

10.1

By-law # 7859-22, being a by-law to amend the Fees and Charges By-law # 7220-17, as amended.

Refer to FS 16-22, Recommended 2022 Operating and Capital Budget, CMS 02-22, Community Services Department – Proposed 2022 Marina and Harbour Facilities Division Fees, and LS 03-22, Proposed Delegated Authority to Approve Minor Height Exemptions to Fence By-law # 4394-99

7859-22

10.2

By-law # 7860-22, being a by-law to amend By-law 1862-85, as amended, being a By-law to Regulate Traffic on the Highways and on Certain Private Roadways in the Town of Whitby.

7860-22

10.3

By-law # 7861-22, being a by-law to amend the Responsible Pet Ownership By-law # 7294-17.

Refer to LS 02-22, Amendments to Responsible Pet Ownership By-law # 7294-17 to Regulate the Sourcing of Domestic Animals Available for Sale

7861-22

10.4

By-law # 7762-22, being a by-law to amend By-law # 2585, as amended, being the Zoning By-law for the Town of Whitby.

Refer to PDP 04-22, DEV-34-21: Zoning By-law Amendment Application to Extend a Temporary Use (Z-24-21), Gordon Scadding Developments Limited, 402 Gordon Street.

7862-22

10.5

By-law # 7863-22, being a by-law to amend the Fence By-law # 4394-99, as amended.

Refer to LS 03-22, Proposed Delegated Authority to Approve Minor Height Exemptions to Fence By-law # 4394-99

7863-22

10.6

By-law # 7864-22, being a by-law to stop up and close part of the Public Highway known as Hickory Street.

Refer to CS 21-18, Declare Surplus Part of Lot 295, Part of Lots 296, 297, Plan H-50029, Part 23, 40R-6389 – Northeast Corner of Mary Street East and Hickory Street North

7864-22

Memorandum F. Wong, Commissioner of Financial Services/Treasurer, dated March 4, 2022 regarding March 7, 2022 By-laws Related to Hickory  Street and Conveyance of Lands to 10447889 Canada Inc.

10.7

By-law # 7865-22, being a by-law to authorize the conveyance of Part of Lots 295, 296 and 297, Plan H-50029, being Part 1 on Plan 40R-30953, Town of Whitby, being Part of PIN 26532-0210 (LT).

Refer to CS 21-18, Declare Surplus Part of Lot 295, Part of Lots 296, 297, Plan H-50029, Part 23, 40R-6389 – Northeast Corner of Mary Street East and Hickory Street North

7865-22

Memorandum F. Wong, Commissioner of Financial Services/Treasurer, dated March 4, 2022 regarding March 7, 2022 By-laws Related to Hickory  Street and Conveyance of Lands to 10447889 Canada Inc.

10.8

By-law # 7866-22, being a by-law to designate certain portions of a registered Plan of Subdivision (SW-2011-01) as not being subject of Part Lot Control.

7866-22

10.9

By-law # 7867-22, being a by-law to designate certain portions of a registered Plan of Subdivision (SW-2013-02) as not being subject of Part Lot Control.

7867-22

10.10

By-law # 7868-22, being a by-law authorize Staff to enter into a Transfer Payment Agreement with the Province of Ontario for the Provincial Streamline Development Approval Fund grant.

7868-22

Memorandum from F. Wong, Commissioner of Financial Services, dated March 7, 2022 regarding By-law 7868-22 - Streamline Development Approval Fund Grant by-law

That leave be granted to introduce By-laws # 7859-22 to # 7868-22 and to dispense with the reading of the by-laws by the Clerk and that the same be considered read and passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.

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 March 7, 2022 and the same be considered read and passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.

12.

Adjournment