Regular Council Meeting

That the Special Council minutes of April 15, 2019, the Regular Council minutes of April 15, 2019, the Special Council minutes of April 24, 2019, the Special Council minutes of April 29, 2019, and the Special Council minutes of May 5, 2019, be adopted.

That the rules of procedure be suspended to hear delegations from Randi Gold, Edirimuni De Silva, and Lori Jackson regarding Item 6.3, Planning and Development Department Report PL 47-19, and from Joanne Brown regarding Item 7.6, Pickering Airport.

That the rules of procedure be suspended to hear additional delegations from residents regarding Item 6.3, Planning and Development Department Report PL 47-19.

That the proclamations for Nursing Week, Youth Pride Day, World Elder Abuse Awareness Day, National Indigenous Peoples Day, Canadian Multiculturalism Day, Seniors' Month and Franco-Ontarian Day, and the flag raising for Franco-Ontarian Day, be endorsed. Page 8 of 37 Regular Council Minutes May 27, 2019 - 7:00 PM

That Council consider Item 6.3 at this time.

That the 2018 Annual Report for the Downtown Whitby Development Steering Committee be received for information.

That the Urban Design Guidelines and Comprehensive Block Plan for the Southwest Corner of Baldwin Street South and Winchester Road West, dated April 2019, prepared by the MBTW Group on behalf of Winash Developments Limited, be endorsed by Council and used in the review, evaluation and consideration of associated development applications.

1. That Council approve Official Plan Amendment # 114 to the Whitby Official Plan (File: OPA-2018-W/05), as shown on Attachment # 8, and that a By-law to adopt Official Plan Amendment # 114 be brought forward for consideration by Council; 2. That Council approve an amendment to Zoning By-law # 1784 (File: Z-30-18), and that a By-law to amend Zoning By-law # 1784 be brought forward for consideration by Council; and, 3. That the Clerk forward a copy of Planning Report PL 47-19, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Amendment # 114 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development.

That Council approve one of the two proposed 18 storey buildings associated with the development at 304, 308, 368, 372, 374 and 378 Taunton Road East.

That Council recess for 5 minutes.

That Council recess until 4:30 PM on Tuesday, May 28, 2019.

That Council reconsider Resolutions #155-19 and #156-19 adopted on Page 13 of 37 Regular Council Minutes May 27, 2019 - 7:00 PM May 27, 2019 regarding the proposed development at 304, 308, 368, 372, 374 and 378 Taunton Road East (DEV-17-18).

1. That Council approve Official Plan Amendment # 114 to the Whitby Official Plan (File: OPA-2018-W/05), as shown on Attachment # 8, and that a By-law to adopt Official Plan Amendment # 114 be brought forward for consideration by Council; 2. That Council approve an amendment to Zoning By-law # 1784 (File: Z-30-18) subject to a Holding (H) Symbol that would only permit the construction of the second 18-storey building upon completion of the Garden Street extension to the Mid-Block Arterial Roadway or upon further direction of Council (following consultation with neighbourhood residents), and that a By-law to amend Zoning By-law # 1784 be brought forward for consideration by Council; 3. That Council approve the Site Plan Application (File SP-44-18) in accordance with the amendment to the Zoning By-law # 1784 and subject to the satisfaction of the delegated authority granted to the Commissioner of Planning and Development; and, 4. That the Clerk forward a copy of Planning Report PL 47-19, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Amendment # 114 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development.

That staff be directed to report back to Council in 2019 on: (a) options to advance the implementation of the Garden Street Extension, including the related Environmental Assessment (EA), and addressing traffic impacts in the surrounding area; and (b) providing an update on the budgetary and financial impacts of the Garden Street Extension and the feasibility of partnering with applicable area landowner(s).

1. That Council approve an amendment to Zoning By-law # 2585 (Application # Z-12-18) for a portion of lands within Block 10 of Page 15 of 37 Regular Council Minutes May 27, 2019 - 7:00 PM Plan 40M-2554, to permit freehold street townhouses subject to the conditions contained in Attachment # 8; and, 2. That a Zoning By-law Amendment to implement the development of 16 freehold street townhouses fronting on to Vanier Street be brought forward for Council’s approval.

1. That Council approve an amendment to Zoning By-law # 1784 (Application # Z-06-19) to an ‘M1A’-Prestige Industrial Zone to permit a warehouse and distribution centre with associated offices at 5360 Thickson Road North; and, 2. That a By-law to amend Zoning By-law # 1784 be brought forward for consideration by Council.

That Council approve a variance to the Town of Whitby Permanent Sign By-law # 7379-18 for Calloway Reit (Whitby) Inc. (Wendy’s) at 4150 Baldwin Street South, to permit two wall signs. Page 16 of 37 Regular Council Minutes May 27, 2019 - 7:00 PM

1. That Council approve a proposed Zoning By-law Amendment (Application # Z-08-19) for the extension of a temporary use at 4120 Coronation Road. The temporary use is for five existing residential sales offices for an additional three year period; and, 2. That the Zoning By-law Amendment be brought forward for Council’s consideration.

1. That Council approve the Standard Form Tax Increment Equivalent Grant (TIEG) Agreement for 6064540 Canada Inc. (Brock Street Brewery) for the development located at 244 Brock Street South. Any minor modifications may be made with the approval of the Treasurer and Town Solicitor; 2. That the Town of Whitby enter into a TIEG Agreement with 6064540 Canada Inc. outlining the terms and conditions of the TIEG; and, 3. That the Mayor and Clerk be authorized to sign the TIEG Agreement on behalf of the Town, including any related documentation. Page 17 of 37 Regular Council Minutes May 27, 2019 - 7:00 PM

1. That Staff be directed to introduce new clauses into the Subdivision Agreements to require signage on high density blocks within new subdivisions; and, 2. That Item MD 4636 be removed from the New and Unfinished Business List.

1. That Council endorse in principle the Durham Community Energy Plan (DCEP), including the reduction target of 80% by 2050 and the Low Carbon Pathway scenario as the preferred energy scenario for implementation; and, 2. That any initiatives arising from the development of the DCEP work plan, be

That the main motion be amended to include Item 3 as follows: That Staff report to Council on the specific initiatives to be implemented for the Town of Whitby arising from the 22 actions proposed to achieve the goals of the Durham Community Energy Plan (DCEP) as defined in Recommendation 1.

1. That Council endorse in principle the Durham Community Energy Plan (DCEP), including the reduction target of 80% by 2050 and the Low Carbon Pathway scenario as the preferred energy scenario for implementation; 2. That any initiatives arising from the development of the DCEP work plan, be

That Staff collaborate with Station Gallery and report back on a preferred location, cost estimate and funding opportunities to install a rainbow crosswalk or other rainbow themed opportunities in Whitby.

1. That the Clerk be directed to bring forward a by-law to adopt the amendments to the Council Code of Conduct and Boards and Advisory Committees Code of Conduct as shown in Attachments # 1 and # 3 appended to Report CLK 05-19; 2. That the Integrity Commissioner Terms of Reference appended as Attachment # 4 to Report CLK 05-19 be repealed due to duplication of requirements enumerated in the Municipal Act, Codes of Conduct, Integrity Commissioner Appointment By-law, and procurement documents; and, Page 20 of 37 Regular Council Minutes May 27, 2019 - 7:00 PM 3. That MD 3501 be removed from the General Government New and Unfinished Business List.

1. That Report PW 10-19 be received by Council; 2. That Council authorizes staff to issue a Request for Proposal for future contracted services of curbside waste collection in West Whitby and on an as needed basis; 3. That Staff report to Council following the outcome of the Request for Proposal and for Council to approve the Staff recommended vendor; and, 4. That the successful vendor commences collection of curbside residual waste by late 2019.

1. That Council receive, for information of the following projects being approved by the Province of Ontario for funding under the Federal National Disaster Mitigation Program (NDMP): Page 21 of 37 Regular Council Minutes May 27, 2019 - 7:00 PM a. Project # 1 - Corbett Creek Master Drainage Plan Update and Floodplain Mapping Update: Amount approved in the 2019 budget is $110,000; Grant awarded is $55,000; b. Project # 2 – Town Wide Urban Flooding Study: Total amount approved in the 2018 and 2019 budget is $200,000; Grant awarded is $100,000; and, 2. That Staff provide Council with status updates on the key findings of the above noted projects.

Whereas airports are valuable economic drivers in the development of business, communities, and the infrastructure around them; Whereas it is anticipated that the results of the forthcoming Federal “Pickering Lands Aviation Sector Analysis” will be positive; Whereas the federal government has set aside approximately 8,700 acres of land in the City of Pickering to accommodate a future airport and other possible economic development uses (“the Airport Lands”); Whereas the Airport Lands are located in north-central Pickering adjacent to their Innovation Corridor, about 55 km east of Toronto Pearson International Airport within an integrated transportation network; Whereas the aerospace industry (the fifth largest employer in Canada) has a membership struggling for land and space to expand business operations in close proximity to Toronto Pearson; Whereas a second airport would create tens of thousands of high-quality jobs for residents of Durham Region, and attract spinoff businesses and indirect jobs; Whereas a portion of the Airport Lands could be retained for economic development uses, including transportation/logistic facilities, high-tech enterprises and agriculture, such as year-round indoor farming; and, Whereas the development of the Airport Lands is key to building a prosperous future not just for Durham Region, but for the entire Greater Toronto Area; Now Therefore be it Resolved: 1. That the Government of Canada be advised that the Town of Whitby supports the developm

That a letter be sent from Mayor Mitchell to the Provincial Minister of Finance in support of the letter from Oshawa Mayor Dan Carter, dated April 30, 2019, which requests an extension of the GO Transit Network along the Lakeshore East Corridor from Oshawa to Bowmanville to facilitate improved transit.

That Council appoint the Chief Administrative Officer, or his/her designate, as the Town of Whitby’s representative to the board of directors of the not-for-profit corporation that will operate the Innovative Hub Accelerator (1855).

That Council receive for information, Whitby Fire and Emergency Services’ (WFES’) 2018 Annual Report.

1. That staff be directed to bring forward a new by-law to Council for approval, in a form satisfactory to the Town Clerk, to replace the Town’s existing Refreshment Vehicle By-law, incorporating the provisions set out in Report LS 12-19 and Attachment # 1; and, 2. That staff be directed to bring forward a new by-law to Council for approval, in a form satisfactory to the Town Clerk, to amend the Town’s Fees and Charges By-law to incorporate the new Refreshment Vehicle licensing fees as set out in Report LS 12- 19.

That the Town Clerk be directed to bring forward a by-law to amend the Site Alteration By-law to give effect to the revised subsection 3.5. contained in Report LS 13-19.

1. That report CS 27-19 be received for information; 2. That Council authorizes the Treasurer to transfer $316,828 from the tax based budget released during year-end review into the IT Reserve to fund future CITSP projects; 3. That Council authorizes the transfer of $1,000,000 from the One- Time Reserve Fund (LTFR) to the Corporate Development Reserve and direct Staff to bring forward a Corporate Development Reserve Policy by the end of 2019; 4. That Council authorizes the commitment of $1,000,000 from the One-Time Reserve Fund (LTFR) towards potential costs associated with the Corporate Re-organization; 5. That Council authorizes the funding of the $1,000,000 commitment to Durham College for the expansion of the Whitby Campus payable in five equal annual payments of $200,000 be pre-committed from the One-Time Reserve Fund (LTFR); and, 6. That Council approves the Federal Gas Tax Reserve Fund Policy, the Parks Reserve Fund Policy, the Parking Reserve Fund Policy, the Marina Reserve Fund Policy, and the Arena Page 26 of 37 Regular Council Minutes May 27, 2019 - 7:00 PM Reserve Policy.

1. That report CS 32-19 of the Commissioner of Corporate Services/Treasurer is received as information; and, 2. That the Treasurer be authorized to draw from reserves/reserve funds as required for the purposes of addressing the actual year- end position.

That Report CS 35-19 of the Commissioner of Corporate Services/Treasurer be received as information.

Page 27 of 37 Regular Council Minutes May 27, 2019 - 7:00 PM 1. That the Town of Whitby enter into an inter-creditor agreement with The Toronto-Dominion Bank (“TD Bank”), Elexicon Corporation, Elexicon Energy Inc. (collectively, “Elexicon”), The Corporation of the Municipality of Clarington, The Corporation of the Town of Ajax, The Corporation of the City of Pickering, and The Corporation of the City of Belleville (collectively, the “shareholders”); 2. That a by-law, substantially in the form attached hereto as Attachment # 1, be brought forward authorizing the Town to enter into an inter-creditor agreement with TD Bank, Elexicon, and the shareholders; and, 3. That the Mayor and Clerk be authorized to execute the required documents to give effect thereto.

1. That Report PW 13-19 on Stormwater Management Facility Needs Study Update 2019, be received for information; and, 2. That the Key findings from the Stormwater Management Facility Needs Study Update 2019, be

1. That Report PW14-19 be received as information regarding the key findings to date of the Parking Master Plan for Downtown Whitby and Downtown Brooklin (see Attachment 1 for the Study Areas) which are to be presented to the public and stakeholders for comment; 2. That Council approve the installation of new parking meters in Downtown Whitby in 2019 or as soon as possible (see Attachment 2 for proposed locations) following public consultation in early June. The new parking meters will be funded from the Parking Reserve account; 3. That Council approve the expansion of the parking lease program currently in place for municipal parking lots to certain existing/proposed on-street parking meter locations; 4. That Staff report back to Council immediately after the June public consultation with any feedback received regarding the recommended implementation plan for parking meters in 2019; 5. That Council approve the expansion of Municipal Lot 5 (Green Street/Colborne Street) to the east on Town owned lands to create approximately 20-25 spaces. Completion as soon as possible and funding would be from the Parking Reserve; 6. That Staff work with the Region of Durham and Developers of the Fire Hall site to implement in 2019 temporary pedestrian signals on Brock Street at Colborne Street; 7. That Staff work with the Region of Durham on the installation of Intersection Pedestrian Signals on Dundas Street at Centre Street and Athol Street, as soon as possible. Funding would be through m

That Staff be directed to hold an information meeting with members of the Seniors’ Centre to provide information regarding the Seniors’ Van Service.

1. That the Town of Whitby accept the low bid as submitted by Serve Construction Ltd. in the amount of $930,346.00, (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete sidewalk construction as required by the Town of Whitby; 2. That Council authorize a budget increase of $145,152.20 with the funding source(s) to be determined by the Treasurer; 3. That the total project cost of $1,086,652.20 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

1. That Council endorse a Whitby location on the southwest quadrant of Baldwin Street and Highway 407 as the future site of the new Lakeridge Health Acute Care hospital; and, Page 31 of 37 Regular Council Minutes May 27, 2019 - 7:00 PM 2. That the Town Clerk forward a copy of Report CAO 15-19 to the Premier of Ontario, all Durham Region MPP's, the Minister of Health and Long Term Care, the Regional Chair and the CEO of Lakeridge Health.

1. That the Town of Whitby oppose Bill 108 which in its current state will have negative consequences on community building and proper planning; 2. That regarding Bill 108, the Council of The Corporation of the Town of Whitby respectfully requests that the Province: a. extend the June 1, 2019 deadline for comments on Bill 108 in order to provide additional time for municipalities to better understand and comment on the proposed legislation; b. consult with municipalities and related associations for a reasonable period to make informed decisions prior to releasing any draft regulations; c. enshrine revenue neutrality in the proposed legislation in order to protect taxpayers in growing municipalities and avoid funding shortfalls that would create reliance on debt and property taxes in order to ensure that growth pays for Page 32 of 37 Regular Council Minutes May 27, 2019 - 7:00 PM growth; d. address the need for funding of community infrastructure, including parkland and other soft services, that is required to support complete communities and good planning; e. consider the expansion of library reference material resulting from growth remaining an eligible service; f. target any financial incentives to rental and affordable housing only; g. limit the freezing of development rates triggered by any action to a maximum of two years; h. consider any calculation of rates under a new regime to be based on a connection with the costs of providing the service; i. permit any outstandin

1. That the Chief Administrative Officer be authorized to execute a Front Funding Agreement as the co-proponent with the applicable area landowner(s) for the undertaking of the Mid-Block Arterial Roadway Class Environmental Assessment and Preliminary Design between Highway 7 (west limit) and the City of Oshawa’s Britannia Road future connection (east limit) and related works, subject to the satisfaction of the Commissioner of Legal and By- law Services/Town Solicitor, Commissioner of Corporate Service/Treasurer and Commissioner of Public Works; 2. That Council approve funding of $750k to be financed through Development Charges; 3. That the CAO and Commissioner of Corporate Services be authorized to approve any additional costs required to complete the Mid-Block Environmental Assessment, subject to any scope changes approved by the Commissioner of Public Works; and, 4. That the Commissioner of Public Works be authorized to undertake the immediate completion of digital terrain mapping of the route corridor for preliminary design purposes at an estimated cost not to exceed $50,000, which would be funded by Development Charges through the existing Capital Budget.

That leave be granted to introduce By-laws # 7506-19 to # 7520-19 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 May 27, 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.