Regular Council Meeting

That the Regular Council Minutes of December 18, 2023, and the Special Council Minutes of January 19 and January 22, 2024 be approved.

That the proclamations for Durham Region Hospice Awareness Day, National 211 Day, Scout-Guide Week, and World Behaviour Analysis Day Alliance and the flag raisings for Girl Guides of Canada and Scouts Canada be endorsed.

That the proclamations from March to October 2024 outlined in the Memorandum from K. Palilionis, Climate Change Coordinator, dated January 29, 2024, be endorsed.

That Council approve a By-law to permit the Town of Whitby Committee of Adjustment to grant approval of both Minor Variance and Consent Applications within the Town of Whitby, in accordance with the relevant provisions of the Planning Act ; That Council approve the revised Committee of Adjustment Terms of Reference, including to the added responsibilities for Consents to land severance under Section 53 of the Planning Act ; That Council approve the proposed amendments to the Fees & Charges By-law #7220-17 (as amended), to introduce new fees related to Consent applications; and, That Council approve an increase in the remuneration for Committee of Adjustment members from $65 (sitting member) and $75 (Chair), to $125 (sitting member) and $150 (Chair) effective February 1, 2024.

That Council approve the Draft Plan of Subdivision (File No. SW-2023-02), subject to the comments included in Planning Report PDP 02-24 and the conditions of draft plan approval included in Attachment #11; 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 Council approve the amendment to Zoning By-law No. 2585 (File No. Z-07-23), as outlined in Planning Report No. PDP 02-24; and, That a By-law to amend Zoning By-law No. 2585 be brought forward for consideration by Council at such time as the subdivision receives Draft Approval and the Commissioner of Planning and Development has issued Site Plan Approval.

That Council receive and accept Correspondence #2024-22 from Nova’s Ark withdrawing its request for an exemption to the Prohibited and Regulated Animals By-law; and, That Council refers Correspondence #2024-22 and Report LS 12-23 to Staff to manage in accordance with the July 13, 2023 Order to Comply.

That the memorandum from H. Ellis, Council and Committee Coordinator, dated October 13, 2023 regarding the Joint Accessibility Advisory and Whitby Diversity and Inclusion Advisory Committee request to participate in the Leading Equitable and Accessible Delivery Program be

Whereas Council appreciates the work and investment of the Downtown Whitby BIA and their request for a street event in Downtown Whitby to garner more exposure for local businesses and renew a sense of vitality into the downtown area; and, Whereas Council recognizes the request from the Downtown Whitby BIA to consider allocating funding for the inclusion of a street event in the 2024 budget and planning; and, Whereas Council has approved the Special Events Strategy 2022-2025 which outlines key actions the municipality shall undertake to support the planning, delivery, permitting, and implementation of a New Signature Event in the community including timelines; and, Whereas Council recognizes that staff are currently starting the business plan phase for the New Signature Event, inclusive of community engagement; and, Whereas Council understands that staff will be putting forward a budget request in 2024 to support the planning for the New Signature Event, subject to Council approval; and, Whereas Council understands that the New Signature Event will take place in 2025; Now Therefore it be Resolved: That further to the Downtown Whitby BIA’s request, Council direct staff to consider hosting the New Signature Event in Downtown Whitby in 2025 as part of the Special Events Strategy 2022-2025.

That the Whitby Sustainability Advisory Committee's 2023 Annual Report be received for information.

That the proclamations from January to December 2024 outlined in the Memorandum from J. Romano, Commissioner of Community Services, dated January 12, 2024, be endorsed.

That Report CAO 01-24, Tourism Strategy Update – January 2024, be received for information.

That Council approves the Public Art Policy as presented in Report CAO 03-24 and as appended in Attachment 1; That the Public Art Policy, once approved, replace MS 040 Public Art Loan and Donation Policy; and, That Staff be directed to bring a report to Council for the establishment of a new discretionary program reserve fund, the Public Art Program Reserve Fund, in accordance with Report CAO 03-24.

That Report CAO 04-24 be received for information; and, That the updates described herein be consolidated into an updated Economic Development Strategy.

That Report CAO 02-24 be received for information.

That Council approve the Ward Town Hall Meetings Policy appended to Report CLK 01-24 as Attachment 1.

That Council approve the Council Participation at Community Events Protocol and Guidelines Policy appended to Report CLK 02-24 as Attachment 1.

That Report CMS 01-24 be received for information; That NUB Item GG 0008 – “Staff report to Council on townhouses, multi-residential and other properties that are not currently serviced for waste collection by the Town of Whitby and report on the feasibility and cost implications of including these properties in the Town's waste collection service to ensure that there are no gaps with respect to the implementation of upcoming extended producer responsibility legislation” be removed from the New and Unfinished Business Listing; and, That Staff be directed to include waste collection for private multi-residential and town home locations, through the use of Town Staff or other form, along with approval of the associated Draft Technical and Risk Management Guidelines for Waste Collection Services on Private Residential Property as a decision item in the 2024 budget process.

Whereas Highway 407 from Brock Road (Regional Road 1) in Pickering to Highway 35/115 is provincially owned and tolls are set by the province; and, Whereas planned Regional road construction work to widen Winchester Road (Regional Road 3) from Anderson Street to Baldwin Street (Regional Highway 12) will necessitate reducing Winchester Road to one lane of traffic in one direction over an expected two construction seasons impacting travel times for residents and businesses; and, Whereas the temporary removal of tolls on Highway 407 during Winchester Road construction work would improve overall travel times and alleviate the traffic impacts on surrounding Regional and local municipal roads. Now therefore, be it resolved: That the Province be requested to temporarily remove tolls on Highway 407 in Durham Region during the duration of the planned Winchester Road construction work; and, That a copy of this request be sent to all Durham local area municipalities, Durham MPPs, and the Minister of Transportation.

Whereas current provincial-municipal fiscal arrangements are undermining Ontario’s economic prosperity and quality of life; and, Whereas nearly a third of municipal spending in Ontario is for services in areas of provincial responsibility and expenditures are outpacing provincial contributions by nearly $4 billion a year; and, Whereas municipal revenues, such as property taxes, do not grow with the economy or inflation; and, Whereas unprecedented population and housing growth will require significant investments in municipal infrastructure; and, Whereas municipalities are being asked to take on complex health and social challenges – like homelessness, supporting asylum seekers and addressing the mental health and addictions crises; and, Whereas inflation, rising interest rates, and provincial policy decisions are sharply constraining municipal fiscal capacity; and, Whereas property taxpayers – including people on fixed incomes and small businesses – can’t afford to subsidize income re-distribution programs for those most in need; and, Whereas the province can, and should, invest more in the prosperity of communities; and, Whereas municipalities and the provincial government have a strong history of collaboration. Now therefore, be it resolved: That the Province of Ontario commit to undertaking with the Association of Municipalities of Ontario a comprehensive social and economic prosperity review to promote the stability and sustainability of municipal finances across Ontario;

Whereas the repayment deadline for CEBA loans to qualify for partial loan forgiveness of up to 33 percent was extended from December 31, 2023, to January 18, 2024; and, Whereas in conversations with the Federal Government, the President of the Canadian Federation of Independent Business (CFIB), Dan Kelly states that with over 900,000 small businesses holding CEBA loans and 22% not in a position to repay currently, the decision not to extend the deadline has huge implications for Canada’s economy; and, Whereas the CFIB has been flooded with calls from panicked small business owners who are struggling to repay their loans and getting inconsistent answers and little help from the Federal Government and banks; and, Whereas as of January 19, 2024, outstanding loans, including those that are captured by the refinancing extension, will convert to three-year term loans, subject to interest of five per cent per annum, with the term loan repayment date extended by an additional year from December 31, 2025, to December 31, 2026. Now therefore, be it resolved: That the Town of Whitby urgently ask the Federal Government to provide small businesses with an additional year to repay their loan to keep the forgivable portion without any penalties; and, That a copy of this motion and a letter outlining the request be sent to Prime Minister, Justin Trudeau, Minister Valdez, Minister of Small Business, Pierre Poilievre, Leader of His Majesty’s Loyal Opposition, The Leaders of the NDP, Bloc Quebe

That this report be received for information; That an exemption to Business Licensing By-law # 5505-04, as amended, be granted for 417 Byron Street upon the conditions set out in this Report; That staff be directed to bring an amendment to the Business Licensing By-law # 5505-04, as amended, to codify this exemption and conditions for the March 18, 2024 Council meeting; That Council direct staff to review the lodging house provisions within the Business Licensing by-law and report back on the merits of amending the By-law to ensure consistency with other applicable provincial legislation; and, That Council direct staff to review the merits of adding provisions/schedules to the Business Licensing By-law to regulate Rooming Houses in the Town of Whitby. Note: The disposition of this matter, Item 12.1, LS 13-23, was determined through the deferral motion below. Resolution # 21-24 Moved by Councillor Lundquist Seconded by Councillor Mulcahy That consideration of Report LS 13-23 be

That staff be directed to issue an Expression of Interest seeking proposals on future use of the James Rowe House and report back to Council with recommending next steps.

That Report CAO 05-24, be received as information; That Council approve the recommended administrative changes to Appendix C Implementation Guidelines of the Downtown Whitby Community Improvement Plan (CIP), including the addition of $2,500,000 to support the Development Charge Partial Exemption for High Density Residential and Residential Mixed-Use Development as outlined in Section 4 of Report CAO 05-24 and included as Attachment 1; That Council extend the Downtown Whitby Community Improvement Plan (CIP) By-law to December 31, 2027, as outlined in Attachment 2 to align with the funding parameters of the Housing Accelerator Fund; That the Treasurer and the CAO be delegated authority to award all contracts related to Federal or Provincial grant-funded projects, including the Housing Accelerator Fund, that are within budget until December 31, 2027; That staff be delegated the authority to submit all Federal or Provincial grants applications, normally requiring Council authorization before-hand, until December 31, 2027, subject to the agreement of Treasurer and CAO; and, That staff report on grant applications submitted, grant agreements executed, and procurements awarded, that normally would require Council approval.

That leave be granted to introduce By-laws # 8041-24 to # 8046-24 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 January 29, 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.

That consideration of Report LS 13-23 be