Regular Council Meeting Agenda

Monday, February 03, 2025 at 7:00 P.m. - 11:00 P.m.

Council Chambers

Whitby Town Hall

This meeting will be available for viewing through the Town’s live stream feed while the meeting is in progress. Please visit whitby.ca/CouncilCalendar for more information about the live stream and archived videos.

 

This meeting will be held in a hybrid in-person and virtual format. In accordance with Section 8.1 of Procedure By-law # 8081-24, Members of Council may choose to attend in-person or participate virtually.

 

Should you wish to provide comments regarding a matter being considered below, please submit written correspondence

• To submit written correspondence, please email your correspondence to the Office of the Town Clerk at  by noon on the day of the meeting. Correspondence must include your full name, address, and the item on the agenda that your correspondence is related to.

 

Speaking to a matter on a Council agenda is only permitted for matters not previously considered at Committee of the Whole or in limited other circumstances where the effect of a Staff Recommendation was altered at Committee. In these instances, persons wishing to speak may submit a Delegation Request Form online to the Office of the Town Clerk by 8 a.m. on the day of the meeting. Should you be unable to access a computer, please call 905.430.4315 to speak with a Staff Member in the Office of the Town Clerk.

 

In accordance with Procedure By-law # 8081-24, Closed Meeting Policy G 040, and the Municipal Act, 2001, Section 239 (2)(b) personal matters about an identifiable individual, including municipal or local board employees, parts of this meeting may be closed to the public.

 

A Revised Agenda may be published on a later date. Late items added or a change to an item will appear with an asterisk beside them.

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1.

Call To Order: The Mayor

2.

Call of the Roll: The Clerk

3.

Declarations of Conflict of Interest

4.

Adoption of Minutes

Regular Council - December 16, 2024 (Confidential Minutes Under Separate Cover)

• Recommendation:

  That the Regular Council Minutes of December 16, 2024 be approved.

5.

Presentations

5.1

Recognition: Colin Lepre

Re: 2024 Junior Fire Chief 

5.2

James Meloche, Chief Executive Officer, and Jennifer Hammond, Vice President, Client Services, Community Care Durham (In-Person Attendance)

Re: OneConnect - Integrated Care for Adults Living with Frailty

6.

Delegations

6.1

Zartasha Zainab, Resident (In-Person Attendance)

Re: Combatting Antisemitism and Hate Motivated Criminal Acts

Refer to Item 11.1, Combatting Antisemitism and Hate Motivated Criminal Acts

6.2

Emma Cunningham, Durham District School Board Trustee (In-Person Attendance)

Re: Protecting Canadian Values: Ban the Nazi Swastika in Canada

Refer to Item 11.2, Protecting Canadian Values: Ban the Nazi Swastika in Canada

6.3

Ira Walfish, Toronto Resident (Virtual Attendance)

Re: Protecting Canadian Values: Ban the Nazi Swastika in Canada

Refer to Item 11.2, Protecting Canadian Values: Ban the Nazi Swastika in Canada

6.4

Richard Robertson, B'nai Brith Canada (In-Person Attendance)

Re: Protecting Canadian Values: Ban the Nazi Swastika in Canada

Refer to Item 11.2, Protecting Canadian Values: Ban the Nazi Swastika in Canada

6.5

Sam Eskenasi, La'ad Canada (Virtual Attendance)

Re: Protecting Canadian Values: Ban the Nazi Swastika in Canada

Refer to Item 11.2, Protecting Canadian Values: Ban the Nazi Swastika in Canada

7.

Correspondence

7.1

Correspondence

That the following request be endorsed:

• Congenital Heart Disease Awareness Week - February 7 to 14, 2025
• National 211 Day - February 11, 2025
• Scout-Guide Week - February 16 to 23, 2025
• Girl Guides of Canada - Flag Raising - February 17 to 21, 2025
• Scouts Canada - Flag Raising - February 21 to 26, 2025
• Curling Day in Whitby - February 22, 2025
• Dominican Republic Independence Day - Flag Raising - February 27, 2025
• Amyloidosis Awareness Month - March 2025
• Jewish Heritage Month - May 2025
• Mental Health Week - Flag Raising - May 5 to 11, 2025

• Recommendation:

  That the proclamations for Congenital Heart Disease Awareness Week, National 211 Day, Scout-Guide Week, Curling Day in Whitby, Amyloidosis Awareness Month, and Jewish Heritage Month, and the flag raisings for Girl Guides of Canada, Scouts Canada, Dominican Republic Independence Day, and Mental Health Week be endorsed.

7.2

Memorandum from K. Narraway, Sr. Manager, Legislative Services/Deputy Clerk regarding Appointments to the Downtown Whitby Business Improvement Area

• Recommendation:

  That Council appoint Lindsay Cotton, Kathleen Mavin, and Samson Wong to the Downtown Whitby Business Improvement Area Board of Management for the term ending November 14, 2026.

8.

Committee of the Whole Report - Planning and Development

Planning and Development - January 13, 2025

8.1

PDP 01-25, Planning and Development (Planning Services) Department Report

Re: Town-Initiated Official Plan Review – Final Recommended Official Plan Amendment 138: Whitby GO Protected Major Transit Area, File Number: OPA-2024-W/04

See also Memorandum from E. Belsey, Senior Manager, Policy and Heritage Planning dated January 13, 2025 regarding Amendment to Attachment #4 of PDP 01-25, Town-Initiated Official Plan Review – Final Recommended Official Plan Amendment 138: Whitby GO Protected Major Transit Area

• Recommendation:
  1. That Council adopt Amendment 138 to the Whitby Official Plan, regarding the Whitby GO Protected Major Transit Station Area, as outlined in this Report, PDP 01-25;
  2. That the Clerk forward the necessary documentation for Official Plan Amendment 138 to the Ministry of Municipal Affairs and Housing as the approval authority in accordance with Section 26 of the Planning Act; and,
  3. That the Clerk send a Notice of Council’s adoption of Amendment 138 to those persons and agencies who have requested further notification regarding the Whitby GO Protected Major Transit Area as part of the Town-Initiated Official Plan Review.

8.2

PDP 02-25, Planning and Development (Planning Services) Department Report

Re: Town-Initiated Official Plan Review – Final Recommended Official Plan Amendment 139: Strategic Growth Areas, Nodes and Corridors, File Number: OPA-2024-W/05

See also Memorandum from L. Tesolin, Principal Planner, Policy and Heritage dated February 3, 2025 regarding PDP 02-25, Attachment 4 - By-law 8149-25 for Town-Initiated Official Plan Review – Final Recommended Official Plan Amendment 139: Strategic Growth Areas, Nodes and Corridors

• Recommendation:
  1. That Council adopt Amendment 139 to the Whitby Official Plan, regarding Strategic Growth Areas, Nodes and Corridors as outlined in this Report, PDP 02-25;
  2. That the Clerk forward the necessary documentation for Official Plan Amendment 139 to the Ministry of Municipal Affairs and Housing as the approval authority in accordance with Section 26 of the Planning Act; and,
  3. That the Clerk send a Notice of Council’s adoption of Amendment 139 to those persons and agencies who have requested further notification regarding Strategic Growth Areas, Nodes and Corridors, as part of the Town-Initiated Official Plan Review.

8.3

PDP 03-25, Planning and Development (Planning Services) Department Report

Re: Official Plan Amendment and Zoning By-law Amendment Applications, 605 Winchester Road West, 693316 Ontario Limited, File Number: DEV-19-21 (OPA-2021-W/06, Z-12-21)

• Recommendation:
  1. That Council approve Official Plan Amendment Number 142 to the Whitby Official Plan (File Number: OPA-2021-W/06), as shown on Attachment #5, and that a By-law to adopt Official Plan Amendment Number 142 be brought forward for consideration by Council; and,
  2. That Council approve an amendment to Zoning By-law No. 1784 (Z-12-21), as outlined in Report PDP 03-25.

9.

Committee of the Whole Report - General Government

General Government - January 13 and 20, 2025

9.1

Terminate Contract with Local Authority Services to Save Taxpayers Money

Note: This item was referred at Committee.

9.2

Memorandum from K. Palilionis, Climate Change Coordinator dated January 20, 2025 regarding 2025 Days of Environmental Significance for Proclamations

• Recommendation:

  That the proclamations for 2025 outlined in the Memorandum from K. Palilionis, Climate Change Coordinator dated January 20, 2025 be endorsed.

9.3

CAO 01-25, Office of the Chief Administrative Officer Department Report

Re: Sponsorship and Advertising Asset Valuation Report

• Recommendation:
  1. That Report CAO 01-25, Sponsorship and Advertising Asset Inventory Valuation Report, be received for information; and,
  2. That Council direct staff to seek Naming Rights for the Whitby Sports Complex and other facilities including Iroquois Park Sports Centre and report back for approval as per the Municipal Property and Facility Naming Policy (Policy MS 250).

9.4

CAO 02-25, Office of the Chief Administrative Officer Report

Re: Okanagan Whitby Naming Rights Sponsorship of Arena 1 at Iroquois Park Sports Centre 

• Recommendation:

  That Council approve entering a new (5) year sponsorship agreement effective April 1, 2025, with Okanagan Hockey Group Inc. for a Naming Rights Sponsorship at Iroquois Park Sports Centre (IPSC), and naming Arena 1 as “Okanagan Hockey Arena 1”, based on the sponsorship package and other terms and conditions identified in Report CAO 02-25.

9.5

CAO 03-25, Office of the Chief Administrative Officer Report

Re: Community Strategic Plan - 2024 Annual Progress Report

• Recommendation:

  That Report CAO 03-25 related to the 2024 progress of the Community Strategic Plan be received for information.

9.6

CAO 04-25, Office of the Chief Administrative Officer Report

Re: Grant Summary 2024

• Recommendation:

  That Report CAO 04-25 be received for information.

9.7

CAO 06-25, Office of the Chief Administrative Officer, Financial Services Department, and Legal and Enforcement Services Joint Report

Re: Whitby Tourism Development Corporation Update

• Recommendation:
  1. That Report CAO 06-25 regarding updates on the Whitby Tourism Development Corporation be received for information;
  2. That the Corporation of the Town of Whitby Asset Transfer Policy be approved, in the form set out in Attachment 1 to Report CAO 06-25; and,
  3. That Staff be authorized to transfer funds fifty per cent (50%) of the balance of the Municipal Accommodation Tax collected, after the deduction of the Town’s reasonable costs to administer the program, to the Whitby Tourism Development Corporation in accordance with the Asset Transfer Policy and Report CAO 06-25.

9.8

CLK 01-25, Office of the Town Clerk, Office of the Chief Administrative Officer, Financial Services Department, and Community Services Department Joint Report

Re: Member of Council Organized Community Events Policy

• Recommendation:

  That Council adopt the Member of Council Organized Community Events Policy appended to Staff Report CLK 01-25 as Attachment 1.

9.9

CLK 02-25, Office of the Town Clerk Report

Re: Customer Service Strategy and Service Whitby Update

• Recommendation:

  That Council receive Report CLK 02-25 for information.

9.10

CLK 03-25, Office of the Town Clerk Report

Re: Bill 241, Municipal Accountability Act

• Recommendation:

  That Report CLK 03-25 be received for information.

9.11

FS 02-25, Financial Services Department Report

Re: Development Agreement Securities Policy

• Recommendation:
  1. That Council approve the Development Agreement Securities Policy included as Attachment 1 of Staff Report FS 02-25;
  2. That Council authorize the Treasurer to periodically update the appendices of the Development Agreement Securities Policy, specifically the letter of credit and surety bond templates, as necessary; and,
  3. That Council approve updates to F 100 the “Investment Policy” and F 130 the “Required Securities Within Site Plan Agreements Policy” as outlined in Staff Report FS 02-25.

9.12

FS 06-25, Financial Services Department and Community Services Department Joint Report

Re: Supply and Delivery of Winter Control Services for Fifteen (15) Roadway Combination Trucks and Five (5) Loaders Including Operators and Supervision (T-582-2024)

• Recommendation:
  1. That the Town of Whitby accept the second lowest tender bid of VBN Paving Limited in the amount of $1,411,637.50 (excluding applicable taxes) per year, subject to Consumer Price Index increases, for five (5) seasonal terms beginning November 15, 2025 and ending March 31, 2030 as outlined in Staff Report FS 06-25; and,
  2. That approval be granted to extend this seasonal contract for up to three (3) additional one (1) year terms based on satisfactory vendor performance.

9.13

Whitburn Street – Change Speed Limit to 40km/h

• Recommendation:
  1. That Staff be directed to bring forward the necessary by-law to change the speed limit on Whitburn Street from 50km/h to 40km/h; and,
  2. That the Commissioner of Financial Services/Treasurer be directed to identify the appropriate funding source for the associated signage costs.

9.14

Rental Unit Renovation By-law and Renovation Licence Program

• Recommendation:

  Whereas Canada is experiencing a significant housing crisis, characterized by an increasing demand for rental housing and a decreasing availability of affordable housing options for individuals and families; and,

  Whereas the housing shortages continue to pose challenges in Durham Region, including Whitby, and are exacerbated by rising rental rates, limited affordable housing stock, and a shortage of social and supportive housing, all of which have placed immense strain on the ability of low- and moderate-income individuals and families to find stable, affordable housing; and,

  Whereas unscrupulous renovictions, a practice where landlords initiate evictions under the guise of major renovations or improvements to rental properties, have become a pervasive problem across Ontario, contributing further to housing instability and displacement of vulnerable tenants; and,

  Whereas tenants who are wrongfully evicted in the name of renovations often face severe financial hardship, difficulty finding new rental accommodation, and emotional distress, while landlords may unlawfully profit from these evictions under the pretext of property upgrades; and,

  Whereas the current legal and regulatory frameworks governing renovictions and tenant protections have proven insufficient to safeguard vulnerable tenants, leading to calls for stronger legislative action and more robust enforcement mechanisms to protect renters from exploitative practices; and,

  Whereas municipalities have expressed concern about the negative impact that unscrupulous renovictions have on their communities, particularly with regard to housing availability, tenant displacement, and social equity; and,

  Whereas it is of urgent public interest to implement stronger safeguards to protect tenants from renoviction abuse.

  Now therefore be it Resolved: 

  1. That Staff be directed to investigate the feasibility, benefits, and cost of adopting a rental unit renovation by-law that would require landlords who issue an eviction notice (N-13) to a tenant to demolish, repair or renovate a unit to apply to the Town within a defined timeframe for a renovation licence prior to starting any work; and,
  2. That the intent of such a rental unit renovation by-law and renovation licence program would be to protect affordable housing units by ensuring that tenants understand their right to move back into the unit once renovations are complete and by requiring landlords, for the duration of the renovation, to secure their tenant temporary arrangements that are comparable to the tenant’s current unit or provide the tenant compensation in lieu; and,
  3. That Staff be directed to investigate the feasibility, benefits, and cost of a by-law and permitting program regarding the demolition or conversion to non-residential rental units of six (6) or more residential rental units pursuant to Section 99.1 of the Municipal Act, 2001.

10.

For information only - Committee of the Whole Minutes of January 13 and 20, 2025

11.

Notice of Motion

11.1

Combatting Antisemitism and Hate Motivated Criminal Acts

Moved by: Councillor Leahy
Seconded by: Councillor Yamada

• Recommendation:
  1. That the Town of Whitby Council condemns in the strongest terms possible the recent acts of antisemitism and hate discovered at the Whitby Public Library and restates its commitment to an inclusive and welcoming town for all Whitby residents;
  2. That Town Council reiterates its support for the past National Action Summit on antisemitism which had the participation of the Federal, Provincial and local governments;
  3. That Town Council commit to looking for ways to educate residents about antisemitism and strategies to combat antisemitism including a possible antisemitism campaign; and,
  4. That Town Council direct the Chief Administrative Officer to report on the possibility of establishing a protocol or policy to notify various human rights organizations when hate motivated criminal acts are identified by Town staff. The intent of the protocol or policy is to assist them in the collection of empirical evidence related to hate crimes.

11.2

Protecting Canadian Values: Ban the Nazi Swastika in Canada

Moved by: Councillor Leahy
Seconded by: Councillor Yamada

• Recommendation:

  Whereas in recent years, Nazi iconography has surfaced with alarming frequency in the public sphere, used by an increasing number of groups and individuals to promote hate and instill fear within Canadian society; and,

  Whereas since the atrocities of WWII, the Nazi swastika has become universally synonymous with systematic violence, terror and hate. Its growing presence in our country poses a threat to every single Canadian citizen, undermining the core values of equality, diversity, and inclusion that define our nation; and,

  Whereas eighteen countries have already taken action to ban these symbols. It is imperative that Canada follow suit.

  Now Therefore be it Resolved:

  1. That Whitby Council supports B’Nai Brith’s call to the Government of Canada to pass legislation banning the public display of Nazi symbols and iconography, including the Nazi swastika. Specifically, demanding that the Government of Canada immediately:
     • Ban the Nazi swastika
     • Ban all Nazi symbols and iconography
  2. That Whitby Council agrees that the people of Canada are counting on the federal government to ensure a future free from hate, where every Canadian is protected, valued, and respected.

11.3

Proclaim Thursday, February 6, 2025 as “A Night of Joy”

Moved by: Councillor Leahy
Seconded by: Councillor Yamada

• Recommendation:

  Whereas Station Gallery is an integral part of the cultural landscape of the Town of Whitby; and,

  Whereas Station Gallery operates as a registered charity providing valuable cultural resources to the residents of Whitby; and,

  Whereas the gallery building was purchased, physically moved across the street from its original site and officially opened on September 26, 1970 with a ceremony presided over by then Mayor Desmond Newman; and,

  Whereas Station Gallery hosts numerous exhibits including an annual juried show with the most recent one entitled “Into The Now”; and,

  Whereas artist Tamara Castonguay’s submission, entitled “Joy” a serpentine stone sculpture, was accepted and put on display as part of the show; and,

  Whereas on January 9, 2025 an unknown person stole “Joy” and walked out of Station Gallery; and,

  Whereas the Station Gallery staff reported the theft and took to social media with surveillance video of the culprit; and,

  Whereas the Durham Regional Police Service, acting on tips received from the general public which were generated by the social media campaign, were able to locate the stolen art; and,

  Whereas the Durham Regional Police Service (DRPS) and Station Gallery negotiated a return of the stolen art on January 12, 2025 without charges being laid; and,

  Whereas Joy was returned to its creator but missed out on the opportunity to be a fulltime participant in the juried show; and,

  Whereas Station Gallery has decided to host a one night, one piece, exhibit of Joy on February 6, 2025 as an means to thank the DRPS, the artist, and the community, and allow patrons to view the now famous Whitby sculpture; and,

  Whereas the entire episode is a demonstration of the strong community bonds in Whitby, professional dedication of the DRPS, and community’s love of artistic expression; and,

  Whereas the Town has an established policy for the Issuance of Proclamations that requires community groups to apply with four weeks notice, which is not possible under the current circumstances.

  Now Therefore be it Resolved:

  1. That Whitby Council waive the Town's Policy for the Issuance of Proclamations for this one time;  
  2. That the Town of Whitby Council proclaim Thursday, February 6, 2025 as “A Night of Joy” in the Town of Whitby;
  3. That the Mayor be directed to issue a proclamation certificate to the artist, Tamara Castonguay, and one to Station Gallery’s board of directors on behalf of The Corporation of the Town of Whitby; and
  4. That the Town of Whitby encourages all residents to visit Station Gallery on the evening of February 6, 2025.

11.4

40 km/h Speed Limits in Area Specific Urban Neighbourhoods

Moved by: Councillor Lee
Seconded by: Councillor Mulcahy

• Recommendation:

  That area specific urban neighbourhood speed limits of 40 km/h be included in the Traffic Calming Policy and Guidelines Project with priority implementation going to neighbourhoods with higher levels of active transportation activities and higher rates of pedestrian and cyclist collisions.

12.

New and Unfinished Business

13.

By-laws

• Recommendation:

  That leave be granted to introduce By-laws # 8145-25 to # 8151-25 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.

13.1

By-law # 8145-25

Being a By-law to designate certain portions of a registered Plan of Subdivision (SW-2014-04) as not being subject of Part Lot Control.

13.2

By-law # 8146-25

Being a By-law to designate certain portions of a registered Plan of Subdivision (SW-2013-02) as not being subject of Part Lot Control.

13.3

By-law # 8147-25

Being a By-law to amend By-law # 1784, as amended, being the Zoning By-law for the Town of Whitby.

Refer to PDP 08-24, Draft Plan of Subdivision and Zoning By-law Amendment Applications for 5035 Anderson Street, Whitby Anderson Estates Inc., File Numbers: DEV-14-21 (SW-2021-04, Z-09-21)

13.4

By-law # 8148-25

Being a By-law to adopt Amendment Number 138 to the Official Plan of the Town of Whitby.

Refer to PDP 01-25, Town-Initiated Official Plan Review – Final Recommended Official Plan Amendment 138: Whitby GO Protected Major Transit Area, File Number: OPA-2024-W/04

13.5

By-law # 8149-25

Being a By-law to adopt Amendment Number 139 to the Official Plan of the Town of Whitby.

Refer to PDP 02-25, Town-Initiated Official Plan Review – Final Recommended Official Plan Amendment 139: Strategic Growth Areas, Nodes and Corridors, File Number: OPA-2024-W/05

13.6

By-law # 8150-25

Being a By-law to adopt Amendment Number 141 to the Official Plan of the Town of Whitby.

Refer to PDP 53-24, Official Plan Amendment and Zoning By-law Amendment Applications, Menkes Champlain Inc., Unaddressed Parcel North Side of Stellar Drive, East of Thickson Road South, File Numbers: DEV-18-24 (OPA-2024-W/07, Z-07-24)

13.7

By-law # 8151-25

Being a By-law to amend By-law #1784, as amended, being the Zoning By-law for the Town of Whitby.

Refer to PDP 53-24, Official Plan Amendment and Zoning By-law Amendment Applications, Menkes Champlain Inc., Unaddressed Parcel North Side of Stellar Drive, East of Thickson Road South, File Numbers: DEV-18-24 (OPA-2024-W/07, Z-07-24)

14.

Closed Session

This portion of the agenda is closed to the public. [Refer to the Closed Agenda - Town Clerk has control and custody.]

• Recommendation:

  That Council move in-camera in accordance with Procedure By-law # 8081-24, Closed Meeting Policy G 040, and the Municipal Act, 2001, Section 239 (2)(b) personal matters about an identifiable individual, including municipal or local board employees. 

14.1

Confidential Memorandum from H. Ellis, Council and Committee Coordinator dated February 3, 2025 regarding Recommendation for Appointment to the Whitby Sustainability Advisory Committee

15.

Rising and Reporting

16.

Confirmatory By-law

• Recommendation:

  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 February 3, 2025 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.

17.

Announcements

18.

Adjournment

• Recommendation:

  That the meeting adjourn.