Regular Council Meeting

That Report CAO 02-19 be received for information; That staff utilize the Community Survey results to develop the goals and/or action plans that will arise out of the proposed Corporate Strategic Plan; and, That staff continue to undertake a public opinion poll every two years in order to benchmark resident satisfaction with Town programs and services.

That the motion be divided to consider Item 1(g) separately.

That the Special Council minutes of September 17, 2018, the Regular Council minutes of September 17, 2018, the Inaugural Council minutes of December 3, 2018, the Special Council minutes of December 6, 2018, the Special Council minutes of December 10, 2018, the Special Council minutes of December 11, 2018, the Special Council minutes of January 7, 2019, and the Special Council minutes of January 14, 2019, be adopted.

That the rules of procedure be suspended to hear a delegation from Shelly Rooney regarding Item 7.14, CMS 03-19.

That the proclamations for Tamil Heritage Month, Scout-Guide Week, Epilepsy Awareness Day/Purple Day, Epilepsy Awareness Month, Kiwanis Music Festival Weeks, and the flag raisings for Scouts Canada and Girl Guides of Canada, be endorsed.

1. That Council approve an amendment to Zoning By-law 1784 (Application Z-13-18) subject to the conditions contained in Attachment #4 of Report PL 3-19; and, 2. That the Zoning By-law Amendment to remove the ‘H’ Holding symbol on the subject land be brought forward for consideration by Council at such time as all of the conditions have been met.

1. That Council approve the Draft Plan of Condominium (File CW- 2016-04) subject to the comments included in Planning Report PL 2-19 and the conditions of draft plan approval included in Attachment #3; 2. That Staff be authorized to prepare a Condominium Agreement; 3. That the Mayor and Clerk be authorized to sign any necessary documents; and, 4. That the Region of Durham Commissioner of Planning and Development be advised of Council’s decision.

1. That Council approve the Draft Plan of Condominium (File CW- 2018-01) subject to the comments included in Planning Report PL 5-19 and the conditions of draft plan approval included in Attachment #4; 2. That Staff be authorized to prepare a Condominium Agreement; 3. That the Mayor and Clerk be authorized to sign any necessary documents; and, 4. That the Clerk advise the Commissioner of Planning and Economic Development at the Region of Durham of Council’s decision.

1. That Council approve the proposed amendment to Zoning By-law # 2585 (Application Z-03-18), to permit the proposed development; and, 2. That a Zoning By-law Amendment or Amendments to implement the proposed development be brought forward for Council’s approval, including the removal of the ‘H’ symbol at such time as the proponent has satisfied conditions related to servicing through the site plan approval process.

That Council approve a variance to the Town of Whitby Sign By-law # 7379-18 for Prombank Investment Ltd. (Wendy’s) at 1601 Champlain Avenue, to permit two (2) wall signs at 1.07 and .91 metres above the adjacent grade.

That Council approve a variance to the Town of Whitby Sign By-law # 7379-18 for Esprit Lifestyle Communities (Lynde Creek Village), at 50 Paul Burns Way, to permit one pylon sign with an area of 5.79 square metres.

That, upon final approval of OPA 108, any requests to submit an application to amend the Brooklin Community Secondary Plan be considered by Council on an individual basis, notwithstanding the two- year moratorium provided for under the Planning Act.

That the Guide, Terms of Reference (ToR) and Submission Responsibilities for both a Comprehensive Block Plan (CBP) and an Urban Design Plan (UDP) dated November 2018, be endorsed by Council for use by Developers, landowners and their consultants.

1. That Council approve and appoint the following members of Whitby Seniors’ Services to the Whitby Seniors’ Services Committee of Council for a period of one year ending December 31, 2019: a. Suzanne Allen; b. Shirley Barnes; c. Jackie Brown; d. Mike Brown; e. Moya Bugelli; f. Roger Caughell; g. Carol James; h. Tom McNown; i. Bob Toyama; and, j. Patricia Turrell. 2. That Council approve the revised Terms of Reference for the Seniors’ Services Committee of Council and that Council delegate authority for the Seniors’ Services Committee of Council to set fees for programs under the Committee’s Terms of Reference and scope of work, specifically Drop-In programs.

That Community and Marketing Services Department Report CMS 02- 19 regarding the 2018 Annual Report for the Mayor’s Community Page 8 of 22 Regular Council Minutes January 21, 2019 - 7:00 PM Development Fund and the Performing Arts Community Development Fund be received.

That Council approve the Desjardins Insurance Naming Rights Sponsorship at Iroquois Park Sports Centre (IPSC), including renaming Arena 6 to ‘Desjardins Arena 6’, under the terms and conditions identified in Community and Marketing Services Report CMS 06-19.

1. That Council authorize the Treasurer to vest the property with the legal description (PIN 26504-0142 (LT) LT 18 7th Double Range PL H50031 Whitby; LT19 7th Double Range PL H50031 Whitby as in TW7275, except PT 1 40R6024, TW13886, TW17526, D135546, D466480, TW13523; S/T Execution 92-06037, If Enforceable; S/T Execution 93-02443, If Enforceable; S/T Execution 93-02587, If Enforceable; S/T Execution 96-01752, If Enforceable; S/T Execution 97-03452, If Enforceable; Whitby) into the ownership of the Town of Whitby; and, 2. That Council authorize the Treasurer to vest the property located on 2.Wilson House Drive with legal description (PIN 26581-0226 LT, Block 38 Plan 40M2040, Whitby) into the ownership of the Town of Whitby. Page 9 of 22 Regular Council Minutes January 21, 2019 - 7:00 PM

That a By-law be brought forward to authorize the temporary borrowing of an amount up to Fifteen Million dollars for cash flow purposes, if required, at any one time during the calendar year 2019.

That Report Number CS 09-19 identifying properties currently eligible to be advertised for tax sale be received as information.

1. That the Town of Whitby accept the low tender bid of Shu-Pak Equipment Inc. in the amount of $1,387,050.00 (plus applicable taxes) for the supply and delivery of three (3) replacement Dual Page 10 of 22 Regular Council Minutes January 21, 2019 - 7:00 PM Stream Side Loaders with Organics Buckets and two (2) replacement Single Stream Side Loading Refuse Trucks; 2. That the total estimated project cost of $1,416,962.08 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.

That Report CAO 01-19 be received for information.

1. That Report CAO 03-19 be received for information; 2. That staff continue to undertake the development and implementation of the Community Engagement Strategy and Action Plan expected to launch late Q1 2019; 3. That staff Report annually on the Community Engagement Strategy and Action Plan; and, 4. That recommendations resulting from the Strategy and Action Plan be

1. That Report CAO 04-19 be received for information; 2. That the following Town events, coordinated through the Corporate Communications Division, continue to be hosted in 2019 as outlined in Section 4.1: a. Family Day; b. Doors Open; c. Canada Day; d. Whitby in Bloom Garden Tour and Speaker Series; e. Movies in the Park; f. Harvest Festival; g. Open Streets; h. Christmas in the Village; and, i. Whitby Tree Lighting. 3. That Council authorize staff to update the following Town events as outlined in Section 4.2: a. Culture in the Square; b. Music in the Park (Whitby and Brooklin); and, c. Fresh Air in the Square.

1. That the Clerk be directed to bring forward amendments to the Procedure By-law to disband Management Committee and take any other actions necessary to effect this change; and, 2. That the mandate of Management Committee be divided between Committee of the Whole for non-confidential matters and in camera Council meetings for confidential matters.

1. In accordance with the Cannabis Licence Act, 2018, cannabis retail stores are hereby prohibited from being located within the municipality of The Corporation of the Town of Whitby; Page 13 of 22 Regular Council Minutes January 21, 2019 - 7:00 PM 2. That a copy of this resolution and Report LS 02-19, including the results of the two public surveys and a summary of the reasons why the community is opposed to opting in, be sent to the Minister of Finance, the Alcohol and Gaming Commission of Ontario, Local MP and MPP, Durham Region Police Service, Regional Municipality of Durham, and Local Area Municipalities prior to the province’s deadline to opt out of cannabis retail store sales; 3. That the Mayor be authorized to send a letter to the AGCO, Ontario Minister of Finance, Premier of Ontario, federal Minister of Finance, federal Minister of Justice, and our local MP and MPP indicating that Whitby and the Region of Durham should receive a guaranteed, meaningful share of cannabis revenues from the province and federal government, through a revenue sharing formula that provides a fair fixed percentage of annual net revenues, regardless of whether cannabis retail stores are located in the municipality; 4. That the Durham Regional Police Service be requested to take appropriate action regarding any illegal cannabis retail stores in Whitby; and, 5. That further to the resolution adopted by Council on December 11, 2018, that the Province be requested to amend Section 115(3) of the M

That the motion be divided to consider Item 1(g) separately. Page 15 of 22 Regular Council Minutes January 21, 2019 - 7:00 PM

1. That Council approve the proposed fees as outlined in Attachments 1, 2 and 3, with the effective dates as follows: a. Recreation program fees adjustments effective September 1, 2019 to March 24, 2020 (Attachment 1); b. Camp fees, Membership fees and Admission fees adjustments effective April 1, 2019 to March 24, 2020 (Attachment 1); c. Port Whitby Marina fees adjustments effective February 15, 2019 to February 14, 2020 (Attachment 1); d. Park Features fees adjustments effective March 25, 2019 to March 24, 2020 (Attachment 1); e. Halls and Facility Rental fees adjustments effective April 1, 2020 to March 31, 2021 (Attachment 2); and, f. Ice fees adjustments effective April 1, 2019 to August 31, 2020 (Attachment 3). 2. That the Clerk be authorized to amend the Consolidated Fees and Charges By-law # 7220-17 to include the new Community and Marketing Services Fees Schedules.

1. That Council receive CMS Report 04-19 on the Recreation Subsidization Program as information; and, 2. That the Recreation Subsidization Policy remain status quo, with the subsidy amount being 100% for individuals receiving social assistance or living below the Low Income Cut-off (LICO) and a 50% subsidy level for individuals living within 25% of LICO.

1. That Council approve the proposed Fees for Services and Activities provided and performed by the Public Works Department as outlined within Public Works Report PW-02-19; 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 PW-02-19.

1. That Council endorse the Climate Change Staff Grant of $125,000 being approved by the Federation of Canadian Municipalities (FCM) under the FCM’s Municipalities for Climate Change Innovation Program (MCIP) to fund a new temporary Page 17 of 22 Regular Council Minutes January 21, 2019 - 7:00 PM staff position over 24 months to implement the Town’s climate change specific initiatives focused on the Town’s storm water infrastructures; 2. That Council approve a total budget of $174,000, funded by the FCM grant and existing Capital program, over a 24 month period for the new temporary staff position as outlined in Section 5 - Financial Considerations; and, 3. That the Public Works Department, in consultation with Human Resource Services, implement the recruitment of the temporary Climate Change Specialist (storm water) for a 24 month period.

That the uncommitted 2018 year end reserve and reserve fund projections included in Attachment 1 of this report be received for information.

1. That report No. CS 04-19 of the Commissioner of Corporate Services/Treasurer is received as information; 2. That the Treasurer be authorized to transfer to/from reserves/reserve funds as required for the purposes of Page 18 of 22 Regular Council Minutes January 21, 2019 - 7:00 PM addressing the actual year-end position; and, 3. That based on year end results staff conduct a fourth quarter review of 2018 results to identify potential ongoing revenue and/or expenditure opportunities.

That the matter of allocating funds to re-establish advertising the Town Page in community newspapers be

1. That Council endorse the letter from Commissioner Warren Mar to the Minister of Economic Development, Job Creation and Trade and the Minister of Municipal Affairs and Housing dated January 18, 2019 regarding Bill 66 - Restoring Ontario's Competitiveness Act, 2018; and, 2. That the letter to the Ministers regarding Bill 66 also include a recommendation that a provincial/municipal liaison committee be formed, through AMO if it is agreeable, to jointly review, consider all municipal comments and amendments and make recommendations to the Province prior to the passage of Bill 66.

1. That report CS 10-19 be received for information; and, 2. That having regard for the information presented, the proposed budget include: $2.3M to maintain services; $1.3M to maintain the Town’s assets in a state of good repair; and $1.4M to address growth/future, representing an overall 1.94% on the property tax bill, or an additional $8.36 per month for the average Whitby residential taxpayer, and that Council set this as the target.

That leave be granted to introduce By-laws # 7466-19 to # 7472-19 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 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 21, 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.