Regular Council Meeting Revised Agenda

Monday, January 29, 2024 at 7:00 P.m. - 9:00 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 7 of Procedure By-law # 7462-18, 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 and/or a Delegation Request Form.

 

• 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.
• To speak during the Council meeting either in-person or virtually, please submit a Delegation Request Form online to the Office of the Town Clerk by noon on the Wednesday prior to the date 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.

 

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 18, 2023

Special Council - January 19, 2024

Special Council - January 22, 2024 (Confidential Minutes Under Sperate Cover)

• Recommendation:

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

5.

Presentations

5.1

Carrie-Ann Williamson, Town of Whitby

Recognition: Info-Tech Research Group’s Annual 2023 CIO Award

5.2

Jason Atkins, Chair (Virtual Attendance) and Kaila Dimopoulos, Manager (In-Person Attendance), 1855 Whitby

Re: 1855 Whitby Technology Accelerator Update

5.3

MP Turnbull

Re: Oshawa Airport Noise Update

Note: This presentation has been withdrawn from the agenda and will be rescheduled to a future Council meeting.

5.4

Colin Thomson, Unit Leader, PARA Marine Search and Rescue (In-Person Attendance)

Re: PARA Marine Search and Rescue Annual Report and Strategic Plan 

6.

Delegations

7.

Correspondence

7.1

Correspondence

That the following requests be endorsed:

• Durham Region Hospice Awareness Day - January 29, 2024
• National 211 Day - February 11, 2024
• Scout-Guide Week - February 18 to 25, 2024 *
• Girl Guides of Canada - Flag Raising - February 16 to 20, 2024 *
• Scouts Canada - Flag Raising - February 21 to 26, 2024 *
• World Behaviour Analysis Day Alliance - March 20, 2024

• Recommendation:

  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.

   

7.2

Memorandum from K. Palilionis, Climate Change Coordinator dated January 29, 2024 regarding 2024 Days of Environmental Significance for Proclamations (March-October)

• Recommendation:

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

8.

Committee of the Whole Report - Planning and Development

Planning and Development - January 15, 2024

8.1

PDP 01-24, Planning and Development (Planning Services) Department Report

Re: Delegation of Land Division Responsibilities from the Region of Durham to the Town of Whitby Committee of Adjustment

• Recommendation:
  1. 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;
  2. 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;
  3. 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,
  4. 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.

8.2

PDP 02-24, Planning and Development (Planning Services) Department Report

Re: DEV-23-23: Draft Plan of Subdivision and Zoning By-law Amendment Applications, See Path Group Inc. c/o Sakmet Developments Inc., 780 Garden Street, File Number: DEV-23-23 (SW-2023-02, Z-07-23)

• Recommendation:
  1. 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;
  2. That Staff be authorized to prepare a Subdivision Agreement;
  3. 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;
  4. 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,
  5. 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.

9.

Committee of the Whole Report - General Government

General Government - January 8 and 15, 2024

9.1

LS 12-23, Legal and Enforcement Services Department Report

Re: Follow up re Prohibited & Regulated Animals By-law Exemption Request for Nova’s Ark – 7505 Cedarbrook Trail

See also Memorandum from F. Santaguida, Commissioner of Legal and Enforcement Services/Town Solicitor, dated January 8, 2024 regarding Update re LS 12-23: Follow up re Prohibited & Regulated Animals By-law Exemption Request for Nova’s Ark – 7505 Cedarbrook Trail

• Recommendation:
  1. 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,
  2. 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.

9.2

Memorandum from H. Ellis, Council and Committee Coordinator, dated October 13, 2023 re: Joint Accessibility Advisory Committee and Diversity and Inclusion Advisory Committee Request to Participate in the Leading Equitable and Accessible Delivery Program

Note: This item was referred at Committee.

9.3

Memorandum from C. Chrus, Manager, Creative Communities and L. Toman, Program Manager, Events, Culture and Tourism, dated December 15, 2023 re: Staff Response to Downtown Whitby BIA Letter regarding 2024 Street Event

• Recommendation:

  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.

9.4

Memorandum from K. Palilionis, Climate Change Coordinator, dated January 9, 2024 re: Whitby Sustainability Advisory Committee's 2023-2026 Work Plan and 2023 Annual Report

• Recommendation:

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

9.5

Memorandum from J. Romano, Commissioner, Community Services, dated January 12, 2024 re: 2024 Days of Significance for Proclamations

• Recommendation:

  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.

9.6

CAO 01-24, Office of the Chief Administrative Officer Report

Re: Tourism Strategy Update - January 2024

• Recommendation:

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

9.7

CAO 03-24, Office of the Chief Administrative Officer Report

Re: Public Art Policy

• Recommendation:
  1. That Council approves the Public Art Policy as presented in Report CAO 03-24 and as appended in Attachment 1;
  2. That the Public Art Policy, once approved, replace MS 040 Public Art Loan and Donation Policy; and,
  3. 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.

9.8

CAO 04-24, Office of the Chief Administrative Officer Report

Re: Economic Development Strategy Update

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

9.9

CAO 02-24, Office of the Chief Administrative Officer Report

Re: Community Strategic Plan 2023 Progress Report

• Recommendation:

  That Report CAO 02-24 be received for information.

9.10

CLK 01-24, Office of the Town Clerk Report

Re: Ward Town Hall Meetings Policy

• Recommendation:

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

9.11

CLK 02-24, Office of the Town Clerk Report

Re: Council Participation at Community Events Protocol and Attendance Guidelines Policy

See also Memorandum from C. Chrus, Manager Creative Communities, dated January 29, 2024 regarding Response to Questions on Report CLK 02-24 Regarding Façade Grants

See also Memorandum from C. Harris, Town Clerk, dated January 15, 2024 regarding Council Resolution 183-23 re Council Attendance at Business Openings

• Recommendation:

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

9.12

CMS 01-24, Community Services Department Report

Re: Waste Collection Services on Private Residential Property

• Recommendation:
  1. That Report CMS 01-24 be received for information;
  2. 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, 
  3. 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.

9.13

Request to the Province to Temporarily Remove Tolls on Highway 407 in Durham Region

• Recommendation:

  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:

  1. 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,
  2. That a copy of this request be sent to all Durham local area municipalities, Durham MPPs, and the Minister of Transportation.

9.14

Social and Economic Prosperity Review

• Recommendation:

  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: 

  1. 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; and,
  2. That a copy of this resolution be circulated to Premier Doug Ford, Durham area MPPs, Durham area municipalities, the Region of Durham, and the Association of Municipalities of Ontario.

9.15

Canada Emergency Business Account (CEBA) Repayment Process

See also Correspondence # 2024-46 received from MP Turnbull regarding the Canada Emergency Business Account (CEBA) Repayment Process

• Recommendation:

  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:

  1. 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,
  2. 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 Quebecois and Green Party and all Durham Region MPs.

10.

For information only - Committee of the Whole Minutes of January 8, 2024 (Confidential Minutes Under Separate Cover) and January 15, 2024

11.

Notice of Motion

12.

New and Unfinished Business

12.1

LS 13-23, Legal and Enforcement Services Department Report 

Re: Business Licensing By-law Exception Request - 417 Byron Street North

See also Memorandum from A. Gratton, Manager of Enforcement Services, dated January 26, 2024 regarding Business Licensing By-law # 5545-04 exception request for a lodging home at 417 Byron Street North

Note: Consideration of this matter was deferred from the Committee of the Whole meeting on December 11, 2023 and the Council meeting on December 18, 2023 to the Council meeting on January 29, 2024. Council direction required.

• Recommendation:
  1. That this report be received for information;
  2. 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;
  3. 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;  
  4. 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,
  5. 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. 

12.2

Memorandum from J. Romano, Commissioner of Community Services, dated January 29, 2024 regarding Update – CMS 09-23 James Rowe House Food and Beverage RFP

• Recommendation:

  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.

12.3

CAO 05-24, Office of the Chief Administrative Officer Report

Re: Housing Accelerator Fund – Grant Management and Downtown Whitby Community Improvement Plan

• Recommendation:
  1. That Report CAO 05-24, be received as information;
  2. 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;
  3. 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;
  4. 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;
  5. 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,
  6. That staff report on grant applications submitted, grant agreements executed, and procurements awarded, that normally would require Council approval. 

13.

By-laws

• Recommendation:

  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.

13.1

By-law # 8041-24

Being a By-law to designate certain portions of a registered Plan of Subdivision (S-168-88) as not being subject of Part Lot Control.

13.2

By-law # 8042-24

Being a By-law to assume Ouellette Drive as show on Plan 40M-2674 as a public highway (Lack Lands Subdivision).

13.3

By-law # 8043-24

Being a By-law to assume Vanier Street, Kenneth Hobbs Avenue and Civic Centre Drive as show on Plan 40M-2554 as public highways (Triumph Subdivision).

13.4

By-law # 8044-24

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

Refer to PDP 20-22, DEV-23-21: Draft Plan of Subdivision Application SW-2021-07, Zoning By-law Amendment Application Z-13-21, Winash Developments Limited (Phase 2), 145 Winchester Road West

13.5

By-law # 8045-24

Being a By-law to provide for the remuneration of members of the Committee of Adjustment.

Refer to PDP 01-24, Delegation of Land Division Responsibilities from the Region of Durham to the Town of Whitby Committee of Adjustment

13.6

By-law # 8046-24

Being a By-law to Adopt a Community Improvement Plan for the Downtown Whitby Community Improvement Project Area.

Refer to CAO 05-24, Housing Accelerator Fund – Grant Management and Downtown Whitby Community Improvement Plan

14.

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 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.

15.

Adjournment

• Recommendation:

  That the meeting adjourn.