Regular Council Meeting

That the Regular Council Minutes of November 27, 2023, and the Special Council Minutes of December 11, 2023 be approved.

That the proclamations for Wear Red Canada Day and Amyloidosis Awareness Month, and the flag raising for Dominican Republic Independence Day be endorsed.

That Correspondence # 2023-618 from A. Harras, Regional Clerk, Region of Durham regarding Durham Region’s response to the proposed Affordable Homes and Good Jobs Act (Bill 134) be endorsed by Council; and, That a copy of this resolution be forwarded to the Region of Durham, area municipalities in Durham Region, Members of Provincial Parliament in Durham Region, the Minister of Municipal Affairs and Housing, and the Associate Minister of Housing.

That Correspondence # 2023-616 from J. McWilliam, Manager of Legislative Services/Deputy Clerk, Town of Ajax regarding the resolution for Support for Adults with Autism Spectrum Disorder (ASD) be endorsed by Council; and, That a copy of this resolution be forwarded to Premier Doug Ford, Sylvia Jones, Minister of Health, Peter Bethenfalvy, Minister of Finance, Michael Tibollo, Minister of Mental Health and Addictions, Lorne Coe, Whitby MPP, the Region of Durham, area municipalities in Durham Region, local school boards, the Association of Municipalities of Ontario, and Autism Ontario.

That Council approve an amendment to Zoning By-law # 1784, (File Number: Z-17-22), as outlined in Report PDP 40-23; and, That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council at such time as the Site Plan Application has been approved. Voters For Against Conflict Councillor Bozinovski X Councillor Cardwell X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Mulcahy X Councillor Shahid X Councillor Yamada X Mayor Roy X Results 7 2 0

That Council approve the Draft Plan of Subdivision (File Number: SW-2023-01), subject to the comments included in Report PDP 41-23 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 Council approve the amendment to Zoning By-law # 1784, (File Number: Z-06-23), as outlined in Report PDP 41-23; 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 John G. Williams Architect be approved as the control architect for the subdivision.

That Staff report to Council through a memorandum on the Council Information Index on the legal feasibility of enacting a planning by-law, which the Durham Region shall comply with the Town of Whitby building codes, laws, rules, regulations, or requirements of any and all authorities having jurisdiction, irrespective of the Town of Whitby Zoning By-law 1784, Section 4 General Provisions, A (i) and (ii), B (i) and (ii) and C. With an emphasis on ensuring the Region must obtain building permits (if required), occupancy permits directly from the Town of Whitby (especially if the building is 70,000+ square feet). Which the purpose is to include a request for mandatory consultation with the Town and the Region.

That Staff report to Council through a memorandum on the Council Information Index on the legal feasibility of requiring Durham Region to consult with Town of Whitby Planning & Development Staff, CAO, and Council prior to a proposal of expropriation requests on private lands, or orders (for any buildings or lands) not being used for the purpose of providing utilities, (especially if the building is 70,000+ square feet). Which the purpose is to include a request for mandatory consultation with the Town and the Region.

That Council approve the proposed amendment to Traffic By-law 1862-85, to incorporate the changes to Schedule “B” of the By-law, as identified in Attachment No. 2; That a by-law to amend the Traffic By-law 1862-85 be brought forward for the consideration of Council; and, That Council direct the Clerk to provide a copy of Report PDE 12-23 to the Durham District School Board (DDSB) and to the Brooklin High School administration.

That Council approve the proposed amendment to Traffic By-law 1862-85, to incorporate the changes to Schedule “Q” of the By-law, as identified in Attachment No. 1; That a by-law to amend the Traffic By-law 1862-85 be brought forward for the consideration of Council; and, That future pedestrian crossovers be Level 2 Type B or Type C crossovers as outlined in Report PDE 14-23.

That Council accept the proposed modifications by the Region of Durham in its decision to approve Official Plan Amendment 126 to update the Downtown Whitby Community Secondary Plan; and, That the Clerk advise the Commissioner of Planning and Development at the Region of Durham, of Council’s decision.

That Staff Report back on the need and feasibility of adding appropriate cross walks to Port Whitby in areas identified during the December 11, 2023 Committee of the Whole meeting in the first quarter of 2024.

That Council endorse in principle the Whitby Climate Emergency Response Plan - Phase 2: Mitigation; That the Whitby Climate Emergency Response Plan - Phase 2: Mitigation Implementation Plan be integrated into departmental work plans; That Council direct staff to update the Whitby Climate Emergency Response Plan - Phase 2: Mitigation every five years; and, That Council be advised that as a part of Implementation of Whitby Climate Emergency Response Plan - Phase 1: Resilience, the Town has entered into a formal agreement with Central Lake Ontario Conservation Area (CLOCA) for the delivery of a pilot Sustainable Neighbourhood Action Program (SNAP).

That the 2024 Budget Process, Communication and Public Engagement Plan and Budget Calendar outlined in Report FS 23-23 be approved; That the Budget Target for the Town’s preliminary 2024 operating budget be 5% to provide staff guidance on finalizing details of a proposed 2024 budget for Council consideration in early 2024; and That Item Number GG-0009 be removed from the New and Unfinished Business List. Voters For Against Conflict Councillor Bozinovski X Councillor Cardwell X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Shahid X Councillor Yamada X Mayor Roy X Results 6 2 0

That Report CAO 27-23, Culture Plan Update - December 2023, be received as information.

That Staff be directed to report to Council on the cost and timelines to install lighting at Town parks within a 1-kilometre radius of 1635 Dundas Street East.

That Staff be directed to report to Council on the cost and timelines to replace Town park playground surfaces with alternative surfaces within 1-kilometre radius of 1635 Dundas Street East.

That Staff be directed to report to Council on the merits and feasibility of enacting an encampment by-law in the Town.

That Staff be directed to report to Council on the merits and feasibility of enacting a by-law to prohibit loitering, obstruction, panhandling, and resting/sleeping outdoors in the Town.

That Correspondence # 2023-587 from E. Underwood, Chief Executive Officer, Habitat for Humanity Greater Toronto Area, regarding Expression of Interest in Acquiring Surplus Sites at Dunlop Street East and Hickory Street for Affordable Housing Development be received for information; That Staff be directed to report to Council regarding the Expression of Interest received from Habitat for Humanity Greater Toronto Area for the proposed Affordable Housing Development at Dunlop Street East and Hickory Street; and, That the Report back include an appraised value for the donated land.

That Correspondence # 2023-550 from V. Lautan, Resident, regarding Fence By-law Exemption Request for 1000 McCullough Drive be received for information; and, That an exemption to the one (1) metre fence height maximum in Fence By-law # 4394-99, as amended, be provided for the existing fence located in the front yard on the west side of the property located at 1000 McCullough Drive.

That a by-law be brought forward to authorize external temporary borrowing of up to $64,798,000 from January 1, 2024 to September 30, 2024, and up to $32,399,000 between October 1, 2024 and December 31, 2024, if required for cash flow purposes.

That a by-law be brought forward to allow for the Interim Tax Billing for the 2024 taxation year as outlined in Report FS 29-23.

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 January 29, 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. See following motions Moved by Councillor Leahy Seconded by Councillor Bozinovski That Item 3 of the main motion be amended by adding, 'save and except for condition 2' after, 'the January 29, 2024 Council Meeting'. Note: The disposition of this matter, Item 9.13, LS 13-23, was determined through the referral motion below. Resolution # 247-23 Moved by Councillor Mulcahy Seconded by Councillor Yamada That consideration of Report LS 13-23 be

That Report CMS 10-23, 2023-24 Winter Maintenance Service Improvements be received for information.

That Report FS 22-23 be received for information; That the Corporation of the Town of Whitby’s Audited Consolidated Financial Statements for the year ended December 31, 2022, Attachment 2 to Report FS 22-23, be approved; and, That Deloitte LLP be engaged to perform the audit of the Town of Whitby’s financial statements for the year ending December 31, 2023.

Whereas the Council of the Town of Whitby vehemently condemns all acts of hate and any form of prejudice, including antisemitism and islamophobia; and, Whereas any manifestation of racism or discrimination, be it through actions or speech that perpetuates such attitudes, is deemed abhorrent and unwelcome in our community and broader society; and, Whereas Council, in its commitment to upholding the principles of the Charter for Inclusive Communities adopted during its meetings on January 30, 2017, and October 17, 2017, pledges to respect the dignity of every individual and actively calls for a concerted effort to combat prejudice and hate, including a broadened specific focus on the elimination of antisemitism and islamophobia; and, Whereas the Council unequivocally condemns recent incidents of hate across Canada. Now Therefore be it Resolved: That Whitby Council, as leaders in the community, express their resolute belief that all acts of hate, racism, and discrimination, including antisemitism and islamophobia, are abhorrent and have no place in our community or society; and, That Whitby Council calls on all levels of government, civil society, communities, and public officials to work together in developing policies, programs, and initiatives to reduce and eliminate all acts of hate, racism, and discrimination, with a specific focus on addressing antisemitism and islamophobia, and renew efforts to advance community safety; and, That the Clerk be directed to send this resolut

That Kate Campbell be appointed to the Whitby Public Library Board for the remainder of the 2022-2026 term.

That leave be granted to introduce By-laws # 8032-23 to # 8038-23 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 December 18, 2023 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 Council approve an amendment to Zoning By-law # 1784, (File Number: Z-17-22), as outlined in Report PDP 40-23; and, 2. That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council at such time as the Site Plan Application has been approved. For Against Conflict Mayor Roy X Councillor Bozinovski X Councillor Cardwell X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Mulcahy X Councillor Shahid X Councillor Yamada X Results 7 2 0

1. That the 2024 Budget Process, Communication and Public Engagement Plan and Budget Calendar outlined in Report FS 23- 23 be approved; 2. That the Budget Target for the Town’s preliminary 2024 operating budget be 5% to provide staff guidance on finalizing details of a proposed 2024 budget for Council consideration in early 2024; and 3. That Item Number GG-0009 be removed from the New and Unfinished Business List. For Against Conflict Mayor Roy X Councillor Bozinovski X Councillor Cardwell X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Shahid X Councillor Yamada X Results 6 2 0

That consideration of Report LS 13-23 be