Regular Council Meeting

That the Procedure By-law be amended to delete Section 4.7.1 (b) and (c), which will default the speaking limits at Committee to the rules of Council, being that no Member shall speak more than once to the same motion, except that a reply shall be allowed to be made only by the Member who presented the motion; and, That the rules of debate at Council be amended to permit a Member to speak mor e than once to the same Motion only with the permission of Council by majority vote.

That the Regular Council Minutes of October 28, 2019, and the Special Council minutes of October 28, 2019, November 12, 2019 and November 18, 2019 be adopted.

That the proclamations for Whitby Jersey Day and Rogers Hometown Hockey Weekend be endorsed.

1. That Council approve Official Plan Amendment Number 116 to the Whitby Official Plan (File: OPA-2018-W/03), as included in Attachment #7; 2. That a By-law to adopt Official Plan Amendment Number 116 be brought forward for consideration by Council; 3. That Council approve an amendment to Zoning By-law 1784, (File Z-23-18) as outlined in Report No. PL 89-19; 4. That a By-law to amend Zoning By-law 1784 be brought forward for consideration by Council; 5. That Council approve the Draft Plan of Subdivision (File SW- 2018-06) subject to the comments included in Report PL 89-19 and the conditions of draft plan approval included in Attachment #11; 6. That Staff be authorized to prepare a Subdivision Agreement; 7. That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision; and, Page 4 of 22 Regular Council Minutes November 25, 2019 - 7:00 PM 8. That the Clerk forward a Notice of Council’s decision, and copy of Report No. PL 89-19, two (2) copies of the adopted Amendment, and a copy of the By-law to adopt Amendment Number 116 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development.

1. That Council approve an amendment to Zoning By-law 2585 (Application Z-29-18) as outlined in Report No. PL 87-19; and, 2. That the Zoning By-law Amendment be brought forward for the consideration by Council.

1. That Council approve an amendment to Zoning By-law 1784 (Application Z-12-19) to permit a funeral establishment on the property as an exception to the Prestige Industrial designation, subject to the conditions contained in report PL 88-19; and, 2. That the Zoning By-law Amendment be brought forward for consideration by Council. Page 5 of 22 Regular Council Minutes November 25, 2019 - 7:00 PM

1. That Council repeal By-law Nos. 5642-05, 6437-11, 6520-11 and 6602-12 and replace with the Proposed By-law included as Attachment #5 to Report PL 90-19, which consolidates previous By- laws and adds lands within the Werden’s Plan Neighbourhood Heritage Conservation District as being eligible for the Heritage Property Tax Rebate Program; and, 2. That the Clerk forward a copy of the approved By-law and Report PL 90-19 to the Minister of Finance and the Region of Durham as required by Section 365.2(5) and (6) of the Municipal Act, 2001.

Whereas Canada has responded to the climate change emergency through commitments to a zero carbon future; And Whereas there are global and national shifts in reducing greenhouse gas emissions from transportation by reducing reliance on fossil fuel powered vehicles; and, And Whereas the Gas Tax Funds, which are permanent and much- valued sources of funding for municipal infrastructure priorities, derives Page 6 of 22 Regular Council Minutes November 25, 2019 - 7:00 PM funding from fossil-fuel taxation, the use of which will be reduced in the coming years as dependence on them decreases. Now therefore be it resolved: 1. That the Council of the Town of Whitby requests the Federal Government and Provincial Government ensure that funding for municipalities through their Gas Tax Funds remains sustainable to facilitate effective service delivery and infrastructure maintenance by having the funds supplemented through means other than the taxation of gas and diesel; 2. That the Federal Government and Provincial Government consider renaming their Gas Tax Funds to reflect more sustainable sources of funding; 3. That the Federal Government and Provincial Government consider providing a set dollar amount or an increasing percentage of revenue to municipalities as the reliance on fossil fuels is reduced; and, 4. That the Clerk be directed to circulate this resolution to the Region of Durham, Durham Region local municipalities, MPP Lorne Coe, MP Ryan Turnbull, AMO and FCM.

1. That the Region of Durham be requested to support heritage preservation by adopting a by-law to provide a Regional property tax rebate for designated heritage properties, including those properties within heritage conservation districts; and, 2. That a copy of this resolution be sent to area municipalities in the Region of Durham.

1. That Council receive Report LS 20-19 for information, together with the attached report from Pricewaterhouse Coopers LLP; and, 2. That Council direct staff to take the initiatives set out in Report LS 20-19 to support the potential future sale of the Town’s lands adjacent to the Whitby GO Station, and to support the Whitby Page 8 of 22 Regular Council Minutes November 25, 2019 - 7:00 PM Transit Village vision on the site.

That the Town Clerk be directed to bring forward a by-law to amend the Property Standards By-law to give effect to the recommendations contained in Report LS 17-19.

1. That the Town Clerk be directed to bring forward a by-law to amend the Private Transportation Services By-law to give effect to the recommendations contained in Report LS 18-19; and, 2. That the Town Clerk be directed to bring forward a by-law to amend the Fees and Charges By-law to give effect to the recommendations contained in Report LS 18-19.

1. That Council authorize the Downtown Whitby Business Improvement Area (BIA) to enter into a sublease agreement with the Whitby Chamber of Commerce for office space located at 209 Dundas Street East, Suite B4, Whitby (the “Premises”); and, 2. That for purposes of multi-year financial commitments by the BIA, the authority for approval be delegated to the Commissioner of Corporate Services/Treasurer and Town Solicitor.

1. That Option 2 contained within Staff Report CLK 12-19 be approved to amend the Town’s Contribution Rebate Program; 2. That the Clerk be directed to bring forward an amendment to the Contribution Rebate By-law to give effect to the recommendations contained in this report; 3. That Item MD 4919 be removed from the General Government New and Unfinished Business List; and, 4. That the deadline for a contribution to be made and qualify for a contribution rebate align with the conclusion of the candidate’s campaign period, including any supplementary period if applicable.

1. That Report CAO 31-19 regarding an update from the Hospital Task Force be received; 2. That initial funding for the 2020 Hospital Task Force initiative be

1. That Council receive Report CMS 28-19 as information; and, 2. That Council endorse in principle the draft Vision and Guiding Principles as outlined in Section 4 of this report in order to guide the development of the Culture Plan through Phase Three. Page 13 of 22 Regular Council Minutes November 25, 2019 - 7:00 PM

1. That Council approve the proposed fees as outlined in Attachment 1, as attached to the memorandum from the Commissioner of Community Services dated November 20, 2019, and Attachments 2, 3, 4, 5, 6 and 7 with the effective dates as follows: a. Sports Fields, Lacrosse Box, Courts, Lighting and Arena Floors adjustments effective November 1, 2020 to October 31, 2021 (Attachment 1); b. Halls and Facility Rental Fees adjustments effective April 1, 2021 to August 31, 2022 (Attachment 2); c. Camp, Membership and Admission Fees adjustments effective March 25, 2020 to August 31, 2021 (Attachment 3); d. Port Whitby Marina Fees adjustments effective February 15, 2020 to February 14, 2021 (Attachment 4); e. Park Features Fees adjustments effective September 1, 2020 to August 31, 2021 (Attachment 5); f. Recreation Program Fees adjustments effective March 25, 2020 to August 31, 2021 (Attachment 6); g. Arena Ice and Aquatic Pool Fees adjustments effective September 1, 2020 to August 31, 2022 (Attachment 7); and, 2. That the Clerk be authorized to amend the Consolidated Fees and Charges By-law # 7220-17 to include the new Community Page 14 of 22 Regular Council Minutes November 25, 2019 - 7:00 PM Services Fees Schedules.

1. That Council direct staff to proceed with Option 3 (create a regulatory framework and make Zoning By-law amendments to control short-term rental accommodations in Whitby), as set out in Section 4.4 of Report LS 19-19; 2. That Staff report back to Council with an update by the end of Q2 2020 in order for the Town to be able to provide an effective response to the challenge of regulating short-term rental accommodation for the summer of 2020 (even on an interim basis) and for subsequent years; and, 3. That Staff include in the update a report to Council on the consequences of restricting short-term rental accommodations to specified zones within the Town of Whitby.

1. That Public Works PW 32-19 is received as information; and, 2. That NUB - 4084 regarding Emerald Ash Borer Action Plan Update be removed from the New and Unfinished Business register.

1. That Report PW 33-19 be received as information; 2. That MD - 4185 be removed from the New and Unfinished Business listing; 3. That staff continue to install the seasonal flexible bollards and in- road signage on Scott Street adjacent to Dr. Robert Thornton Elementary Public School and review opportunities for other flexible solutions at such time the roadway is reconstructed; 4. That staff identify candidate sites for seasonal flexible bollards Page 16 of 22 Regular Council Minutes November 25, 2019 - 7:00 PM and undertake public consultation, as appropriate and budget requirements prior to any recommendations to Council; and, 5. That staff consider permanent traffic calming solutions as part of roadway reconstruction adjacent to schools where traffic conditions have been identified as a concern.

That the Staff bring forward amendments to the Procedure By-law to require notice for motions under new and unfinished business at Committee of the Whole, with the deadline for such motions being noon on the Wednesday prior the meeting.

That the main motion be

1. That the Official Plan Amendment and Zoning By-law Amendment applications (Files: DEV-01-16; OPA-2016-W/04; Z- 19-16) should be refused; 2. That the Clerk forward a copy of Council’s decision to the applicant, the Region of Durham, and those persons who requested further notification regarding the applications; and, 3. That the Clerk forward a copy of Planning and Development Department Report PL 65-19 to the Region of Durham Planning and Economic Development Department.

That consideration of Staff Report PL 65-19 Re: Whitby Official Plan Amendment and Zoning By-Law Amendment Applications for 4560 Thickson Road North (Optilinx), be postponed for a period of 6 months.

That leave be granted to introduce By-laws # 7571-19 to # 7581-19 and to dispense with the reading of the by-laws by the Clerk and that the same be considered read and passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.

That leave be granted to introduce a by-law and to dispense with the Page 21 of 22 Regular Council Minutes November 25, 2019 - 7:00 PM 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 November 25, 2019 and the same be considered read and passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.

That the meeting adjourn.

That the Town Clerk be directed to bring forward a by-law to amend the Business Licensing By-law to give effect to the recommendations contained in Report LS 21-19; and, 2. That Staff be directed to undertake a complete review of the Town’s Business Licensing By-law to look for opportunities for improvement throughout the by-law.