Regular Council Meeting

That the Regular Council Minutes of April 29, 2024, and the Special Council Minutes of April 29, May 6, and May 13, 2024 be approved.

That the proclamation for Islamic History Month be endorsed.

That Council approve the extension of the Draft Approved Plan of Subdivision SW-2020-02 by an additional 5 years, to October 19, 2029.

That Council approve the amendment to Zoning By-law #1784, (File No. Z-10-23), as outlined in Planning Report No. PDP 22-24; and, That a by-law to amend Zoning By-law #1784 be brought forward for consideration by Council at such time as OPA 133 becomes final and binding and Site Plan Approval is issued by the Commissioner of Planning and Development.

That Council approve the Draft Plan of Condominium (File Number: CW-2024-01) subject to the comments included in Planning Report PDP 23-24 and the Conditions of Approval, included in Attachment #4; That the Mayor and Clerk be authorized to execute the Condominium Agreement and any other necessary documents; and, That the Clerk advise the Commissioner of Planning and Economic Development at the Region of Durham, of Council’s decision.

That Council approve the Draft Plan of Subdivision (File No. SW-2021-06) and approve an amendment to Zoning By-law #1784 (Z-11-21) subject to the comments included in Planning Report PDP 24-24 and the conditions of draft plan approval included in Attachment #9; That Staff be authorized to prepare a Subdivision Agreement; That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision, including the Region of Durham’s Commissioner of Planning and Economic Development; That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council at such time as the subdivision receives Draft Approval; and, That Williams and Stewart Associates Ltd. be appointed as the Control Architect for the Draft Plan of Subdivision.

That Council approve the Draft Plan of Condominium (File No. CW-2024-02) subject to the comments included in the Planning Report PDP 27-24 and the Conditions of Approval, included in Attachment #4; That the Mayor and Clerk be authorized to execute the Condominium Agreement and any other necessary documents; and, That the Clerk advise the Commissioner of Planning and Economic Development at the Region of Durham, of Council’s decision.

That Report CAO 13-24 regarding Municipal Accommodation Tax (MAT) be received; That the Clerk be directed to bring forward a Municipal Accommodation Tax (MAT) By-law, establishing a MAT rate of 4%, effective July 1, 2024, as appended to Report CAO 13-24 as Attachment 1; That Staff be directed to formalize an agreement, and the Commissioner of Finance & Treasurer or designate be authorized to execute an agreement between the Town of Whitby and Ontario Restaurant Hotel & Motel Association (ORHMA) to collect the Municipal Accommodation Tax from Whitby accommodations in a form satisfactory to the Commissioner of Legal & Enforcement Services/Town Solicitor; That Staff are authorized to incorporate a Tourism Municipal Services Corporation (MSC), named Whitby Tourism Development Corporation (WTDC), if available and as outlined in the Business Case Study (Attachment 2) and that the Commissioner of Finance & Treasurer be authorized to execute any supporting documents confirming consent; That the following list be appointed as the interim Board Members to the Whitby Tourism Development Corporation: One (1) Member of Council, as appointed by the Mayor; and Four (4) Staff Members. That Staff bring forward in the fourth quarter of 2024, five (5) members to be appointed to the Whitby Tourism Development Corporation (WTDC) Board of Directors, and any required corporate by-laws, Operating Agreement, Asset Transfer Policy, budget, and other operational particulars to allow WTDC to conduct its

That the Clerk be directed to bring forward a revised Procedure By-law, as appended to Report CLK 04-24 as Attachment 1, which provides improved formatting, structure, and ease of reference; That the revised Procedure By-law contain the following substantive revisions versus the current rules of procedure, based on feedback from the consultation sessions held with Members of Council: an increased submission deadline for notices of motion, requiring Members to provide the Clerk with the topics of proposed motions 10 days in advance of meetings to allow the topics to be shared with all Members of Council prior to agenda publication; defined meeting adjournment times, requiring Chair review at 10:30 p.m., with all meetings ending at 11:00 p.m. with no further ability to debate or extend the adjournment time, noting that matters not considered prior to the adjournment will be

That this Report LS 07-24 be received for information; and, That Staff be directed to bring forward a draft policy on the appointment and responsibilities of the Deputy Mayor to the June 3 Committee of the Whole meeting that will include: All Local and Regional Councillors shall be eligible to serve as Deputy Mayor; and, The Deputy Mayor shall be selected by the Mayor annually and confirmed by a majority vote of Council. Voters For Against Conflict Councillor Leahy X Councillor Lee X Councillor Mulcahy X Mayor Roy X Councillor Shahid X Councillor Yamada X Councillor Lundquist X Councillor Bozinovski X Results 5 3 0

That Part Lot 22, Broken Front Concession, and part of the Road Allowance between Lots 22 and 23, Broken Front Concession, designated as Parts 2, 3, 4, 5, 9 and 10 on Plan 40R-32247, Town of Whitby (being all of PIN 26487-0201 (LT)), as shown in Attachment 2 outlined in green (the “Subject Property”) be acquired from Metrolinx and the Subject Property be declared surplus and conveyed to the Regional Municipality of Durham (the “Region”) subject to the conditions set forth in Legal Services Report 06-24; That the Clerk bring forward by-laws authorizing the acquisition of the Subject Property from Metrolinx and the disposition of the Subject Property to the Region to the Council Meeting scheduled for May 27, 2024; That the requirement to obtain an appraisal and give public notice in accordance with Town of Whitby Policy F-190 regarding the Acquisition, Sale or other Disposition of Land Policy be waived for the acquisition and disposition of the Subject Property herein; and, That the Mayor and Clerk be authorized to execute any and all agreements and documents necessary to complete the acquisition of the Subject Property from Metrolinx and the disposition of the Subject Property to the Region.

That the revised Council Expense Policy (Policy # G050), Attachments 1 and 2 to Report FS 19-24, be approved. Voters For Against Conflict Councillor Leahy X Councillor Lee X Councillor Mulcahy X Mayor Roy X Councillor Shahid X Councillor Yamada X Councillor Lundquist X Councillor Bozinovski X Results 5 3 0

That the Town implement two new property tax pre-authorized payment plans as outlined in Report FS 17-24; That staff be authorized to adjust the terms & conditions of the Pre-authorized Payment plans as required; That, despite the two (2) years provided for in the Municipal Act, the Town of Whitby only proceeds to Tax Registration with accounts that are three (3) years in arrears plus the current year; That the Town initiate a process to search title on a tax roll prior to Tax Registration in the year the account is two (2) years in arrears plus current and notify interested parties of the impending Tax Registration; and, That the Town’s Fees and Charges By-law be amended to include a “Tax roll sub-search of Title” in the amount of $150.00.

That Council approve Official Plan Amendment Number 135 to the Whitby Official Plan (File Number: OPA- 2018-W/06), as shown on Attachment # 6, and that a By-law to adopt Official Plan Amendment Number 135 be brought forward for consideration by Council; That the Clerk forward a copy of the Planning Report PDP 15-24, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Amendment Number 135 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development; That Council approve the amendment to Zoning By-law # 1784, (File Number: Z-33-18), as outlined in Planning Report PDP 15-24 and that a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council; and, That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision, including the Region of Durham’s Commissioner of Planning and Economic Development.

That the land at the south-west corner of Baldwin Street and Winchester Road, legally described as Part of the North Half Lot 25, Concession 5 and Part of the Road Allowance between Lots 24 and 25, Concession 5, being Part 1, Plan 40R-31677 (P-1410-0164, P-1771-0110, P-5120-0354) being part of PIN 26573-0002 (LT), in the Town of Whitby, Regional Municipality of Durham as shown in Attachment 1 (the “Property”) be acquired from the Minister of Transportation for the Province of Ontario (“MTO”) subject to the conditions set forth in Financial Services Report FS 23-24; That a 2024 capital project be established for the acquisition of the Property, in the amount as outlined in the confidential memo from the Commissioner, Financial Services/Treasurer dated Friday May, 24, 2024, funded from the Town Property Reserve Fund; That the Clerk bring forward a by-law authorizing the acquisition of the Property from MTO to the May 27, 2024 Council Meeting substantially in the form included as Attachment 2 to Report FS 23-24; That the requirement to obtain an appraisal in accordance with Town of Whitby Policy F-190 regarding the Acquisition, Sale or other Disposition of Land Policy be waived for the acquisition of the Property herein; That Council hereby delegate authority to the Chief Administrative Officer and the Commissioner, Financial Services/Treasurer to undertake the necessary actions and execute an agreement of purchase and sale and all other necessary documents to give effect theret

That leave be granted to introduce By-laws # 8081-24 to # 8088-24 and to dispense with the reading of the by-laws by the Clerk and that the same be considered read and passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.

That leave be granted to introduce a by-law and to dispense with the reading of the by-law by the Clerk to confirm the proceedings of the Council of the Town of Whitby at its regular meeting held on May 27, 2024 and the same be considered read and passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.

That the meeting adjourn.

1. That Report CAO 13-24 regarding Municipal Accommodation Tax (MAT) be received; 2. That the Clerk be directed to bring forward a Municipal Accommodation Tax (MAT) By-law, establishing a MAT rate of 4%, effective July 1, 2024, as appended to Report CAO 13-24 as Attachment 1; 3. That Staff be directed to formalize an agreement, and the Commissioner of Finance & Treasurer or designate be authorized to execute an agreement between the Town of Whitby and Ontario Restaurant Hotel & Motel Association (ORHMA) to collect the Municipal Accommodation Tax from Whitby accommodations in a form satisfactory to the Commissioner of Legal & Enforcement Services/Town Solicitor; 4. That Staff are authorized to incorporate a Tourism Municipal Services Corporation (MSC), named Whitby Tourism Development Corporation (WTDC), if available and as outlined in the Business Case Study (Attachment 2) and that the Commissioner of Finance & Treasurer be authorized to execute any supporting documents confirming consent; 5. That the following list be appointed as the interim Board Members to the Whitby Tourism Development Corporation: a. One (1) Member of Council, as appointed by the Mayor; and b. Four (4) Staff Members. 6. That Staff bring forward in the fourth quarter of 2024, five (5) members to be appointed to the Whitby Tourism Development Corporation (WTDC) Board of Directors, and any required corporate by-laws, Operating Agreement, Asset Transfer Policy, budget, and other operational particulars to a

1. That the Clerk be directed to bring forward a revised Procedure By- law, as appended to Report CLK 04-24 as Attachment 1, which provides improved formatting, structure, and ease of reference; 2. That the revised Procedure By-law contain the following substantive revisions versus the current rules of procedure, based on feedback from the consultation sessions held with Members of Council: a. an increased submission deadline for notices of motion, requiring Members to provide the Clerk with the topics of proposed motions 10 days in advance of meetings to allow the topics to be shared with all Members of Council prior to agenda publication; b. defined meeting adjournment times, requiring Chair review at 10:30 p.m., with all meetings ending at 11:00 p.m. with no further ability to debate or extend the adjournment time, noting that matters not considered prior to the adjournment will be

That the revised Council Expense Policy (Policy # G050), Attachments 1 and 2 to Report FS 19-24, be approved. For Against Conflict Mayor Roy X Councillor Bozinovski X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Mulcahy X Councillor Shahid X Councillor Yamada X Results 5 3 0

1. That the land at the south-west corner of Baldwin Street and Winchester Road, legally described as Part of the North Half Lot 25, Concession 5 and Part of the Road Allowance between Lots 24 and 25, Concession 5, being Part 1, Plan 40R-31677 (P-1410- 0164, P-1771-0110, P-5120-0354) being part of PIN 26573-0002 (LT), in the Town of Whitby, Regional Municipality of Durham as shown in Attachment 1 (the “Property”) be acquired from the Minister of Transportation for the Province of Ontario (“MTO”) subject to the conditions set forth in Financial Services Report FS 23-24; 2. That a 2024 capital project be established for the acquisition of the Property, in the amount as outlined in the confidential memo from the Commissioner, Financial Services/Treasurer dated Friday May, 24, 2024, funded from the Town Property Reserve Fund; 3. That the Clerk bring forward a by-law authorizing the acquisition of the Property from MTO to the May 27, 2024 Council Meeting substantially in the form included as Attachment 2 to Report FS 23- 24; 4. That the requirement to obtain an appraisal in accordance with Town of Whitby Policy F-190 regarding the Acquisition, Sale or other Disposition of Land Policy be waived for the acquisition of the Property herein; 5. That Council hereby delegate authority to the Chief Administrative Officer and the Commissioner, Financial Services/Treasurer to undertake the necessary actions and execute an agreement of purchase and sale and all other necessary documents to g