Committee of the Whole Minutes

Monday, January 20, 2025 at 7:00 P.m. - 11:00 P.m.

Council Chambers

Whitby Town Hall

Present:

• Mayor Roy
• Councillor Bozinovski
• Councillor Cardwell
• Councillor Leahy
• Councillor Lee
• Councillor Lundquist
• Councillor Mulcahy
• Councillor Shahid
• Councillor Yamada

Also Present:

• S. Klein, Deputy Chief Administrative Officer
• M. Hickey, Fire Chief
• J. Long, Head of Organizational Effectiveness
• J. Romano, Commissioner of Community Services
• F. Santaguida, Commissioner of Legal and Enforcement Services/Town Solicitor
• R. Saunders, Commissioner of Planning and Development
• F. Wong, Commissioner of Financial Services/Treasurer
• M. Dodge, Executive Advisor to the Mayor
• C. Harris, Town Clerk
• K. Narraway, Sr. Manager of Legislative Services/Deputy Clerk 
• L. MacDougall, Council and Committee Coordinator (Recording Secretary)

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1.

Call To Order: The Mayor

2.

Call of the Roll: The Clerk

3.

Declarations of Conflict of Interest

There were no declarations of conflict of interest.

4.

Consent Agenda

• Recommendation:

  Moved by Councillor Lundquist

  That the rules of procedure be suspended to hear a delegation from Jim Dickson, Resident regarding Item 5.5.1, Whitburn Street - Change Speed Limit to 40km/h.

  Carried on a Two Thirds Vote

5.

General Government

Councillor Lundquist assumed the Chair.

5.1

Presentations

There were no presentations.

5.2

Delegations

5.2.1

Jim Dickson, Resident (In-Person Attendance) 

Re: Whitburn Street - Change Speed Limit to 40km/h

Refer to Item 5.5.1, Whitburn Street - Change Speed Limit to 40km/h 

Jim Dickson and Mitch Martin, Residents, appeared before the Committee. Mr. Dickson stated that he was a resident in the neighbourhood where the speed limit was proposed to change from 50km/h to 40km/h. He advised that there was an increase in traffic and speeding on Whitburn Street during the period of time that construction was taking place on Brock Street north of Taunton Road and Rossland Road but the speeding and increase in traffic have subsided since the completion of the construction. He advised that speed humps, a new four-way stop sign, street lights at the south end, and a stop sign at the north end, were all implemented within a distance of 1.1 kilometres, noting that it was difficult to maneuver within the neighbourhood due to the implementation of multiple traffic calming measures. He requested that Council review and consider the results of the Whitburn Street Speed Hump Engagement Results regarding the removal and/or reduction of speed humps on Whitburn Street. Mr. Dickson noted the percentage of residents that responded to the survey wanting the speed humps removed, reduced or maintained. He inquired about whether any data was collected to support the proposed 40km/h speed limit on Whitburn Street. He further inquired about the rationale for implementing a change in the speed limit prior to a decision on the speed humps. Mr. Martin stated that there was a disconnect between the area around Jack Minor Public School and the locations of the speed humps, noting that the speed humps were located south of the school. Mr. Martin stated that there was an excessive amount of speed mitigating measures implemented and that it was impossible to travel at a speed of 40km/h on Whitburn Street. He inquired about the collection of data on the number of vehicles and speed on Whitburn Street since the completion of the construction on Brock Street. Mr. Dickson stated that comments by respondents of the survey included that speed humps cause damage to vehicles, there were to many speed humps along the corridor, the speed humps were too close together and too close to stop-controlled intersections, and there was an increase in noise. 

A question and answer period ensued between Members of Committee, Mr. Dickson and Mr. Martin regarding:

• whether a traffic counting camera had been installed on Whitburn Street;
• details about the damage to Mr. Dickson’s vehicle caused by the speed humps;
• whether fulsome consultation with affected residents should take place prior to the implementation of traffic calming measures;
• including the delegates on the interested party list to ensure they are notified in advance of the Traffic Calming Policy being presented to Council; and,
• confirmation that the delegates would like to see the collection of data and data driven decisions prior to consideration of traffic calming measures.

It was the consensus of the Committee to hear Item 5.5.1, Whitburn Street - Change Speed Limit to 40km/h, at this time.

5.3

Correspondence

5.3.1

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

• Recommendation:

  Moved by Councillor Lundquist

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

  Carried

5.4

Staff Reports

5.4.1

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

Re: Sponsorship and Advertising Asset Valuation Report

A question and answer period ensued between Members of Committee and Staff regarding:

• clarification on the establishment of the sponsorship values for the facility naming rights;
• whether the Town’s level of sponsorship was comparable to other municipalities in the area;
• whether the size and visibility of a facility warrants a higher value for the facility; and,
• confirmation that the addition of one full-time position which was approved in the 2025 budget was a requirement to achieve the objectives within the report. 

• Recommendation:

  Moved by Councillor Mulcahy
  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).
  Carried

5.4.2

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:

  Moved by Councillor Lundquist

  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.

  Carried

5.4.3

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

Re: Community Strategic Plan - 2024 Annual Progress Report

A question and answer period ensued between Members of Committee and Staff regarding:

• the methods of communicating successes and accomplishments to the public;
• the number of community members that provided feedback on the development of the Community Strategic Plan;
• whether any Town and community based events or festivals would be taking place in Downtown Whitby; and,
• placemaking initiatives for Downtown Whitby and Brooklin.

• Recommendation:

  Moved by Mayor Roy

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

  Carried

5.4.4

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

Re: Grant Summary 2024

A question and answer period ensued between Members of Committee and Staff regarding:

• the deadline for applications for summer employment through the Canada Summer Jobs Program;
• the amount of funds drawn from and the balance of the Housing Accelerator Fund; and,
• whether funds allocated to the Additional Dwelling Units Incentive Program would be redirected to better achieve housing objectives.

• Recommendation:

  Moved by Mayor Roy

  That Report CAO 04-25 be received for information.

  Carried

5.4.5

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

A question and answer period ensued between Members of Committee and Staff regarding:

• whether funds collected for the Municipal Accommodation Tax could be used for the Downtown Whitby signature event; and,
• whether the percentage of funds retained by the Town would be allocated to a reserve fund.

• Recommendation:

  Moved by Councillor Mulcahy
  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.
  Carried

5.4.6

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:

  Moved by Councillor Lundquist

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

  Carried

5.4.7

CLK 02-25, Office of the Town Clerk Report

Re: Customer Service Strategy and Service Whitby Update

• Recommendation:

  Moved by Councillor Lundquist

  That Council receive Report CLK 02-25 for information.

  Carried

5.4.8

CLK 03-25, Office of the Town Clerk Report

Re: Bill 241, Municipal Accountability Act

A question and answer period ensued between Members of Committee and Staff regarding:

• requesting that the Association of Municipalities of Ontario review the submission from Principles Integrity regarding Bill 241;
• receiving the report for information; and,
• how the feedback/commentary within the report was collected and opportunities for Members of Council to provide feedback in the future.

• Recommendation:

  Moved by Councillor Mulcahy
  1. That Report CLK 03-25 be received for information;
  2. That the Town Clerk be directed to submit feedback based on Section 4.4 of Report CLK 03-25 to the Ministry of Municipal Affairs and Housing regarding Bill 241, Municipal Accountability Act, 2024; and,
  3. That a copy of this resolution be sent to The Honourable Paul Calandra, Minister of Municipal Affairs and Housing; The Honourable Doug Ford, Premier of Ontario; all Durham Region MPPs; the Regional Municipality of Durham and local municipalities; the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO); and, the Association of Municipalities of Ontario (AMO).

  Carried later in the meeting (See following motion)

  
  

• Recommendation:

  Moved by Councillor Mulcahy

  That the main motion be amended by deleting Items 2 and 3.

  Carried

  The main motion was then carried as follows:

  
  

• Recommendation:

  Moved by Councillor Mulcahy

  That Report CLK 03-25 be received for information.

  Carried

5.4.9

FS 02-25, Financial Services Department Report

Re: Development Agreement Securities Policy

• Recommendation:

  Moved by Councillor Lundquist
  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.
  Carried

5.4.10

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:

  Moved by Councillor Lundquist
  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.
  Carried

5.5

New and Unfinished Business - General Government

There was no discussion regarding the new and unfinished business list.

5.5.1

Whitburn Street – Change Speed Limit to 40km/h

Councillor Cardwell introduced a motion regarding changing the speed limit on Whitburn Street to 40km/h.

A question and answer period between Members of Committee and Staff regarding:

• a detailed history of and rationale for the traffic calming measures implemented on Whitburn Street;
• the data collected prior to the installation of the speed humps and prior to the construction on Brock Street;
• the timeline for the reports on Whitburn Street speed humps and the traffic calming policy and guidelines;
• tabling or referring the motion until the Staff report about the traffic calming policy and guidelines comes back to Council;
• whether a Black CAT counter had been installed on Whitburn Street to count traffic volume;
• reducing the speed from 50km/h to 40km/h on Whitburn Street at this time versus waiting for the report back to Council regarding the traffic calming policy and guidelines; and,
• confirmation that the installation of speed humps on Whitburn Street were deliberately spaced 150 metres apart to ensure a consistent lower speed on the straight stretch of road.

• Recommendation:

  Moved by Councillor Cardwell
  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.

  Carried later in the meeting (See following motions)

  
  

• Recommendation:

  Moved by Councillor Mulcahy

  That the motion be referred to Staff to investigate the opportunity to have Whitburn Street designated as a 40km/h neighbourhood as part of either the upcoming report on the Whitburn Street speed humps or the report on a comprehensive traffic calming policy. 

  Motion Lost

• Recommendation:

  Moved by Councillor Lee

  That the motion about the reduction in the speed limit on Whitburn Street from 50km/h to 40km/h be tabled.

  Motion Lost

  The main motion was then carried.

  It was the consensus of the Committee to hear Item 5.4.1, CAO 01-25, at this time.

  
  

5.5.2

Rental Unit Renovation By-law and Renovation Licence Program

Councillor Lundquist vacated the Chair for this portion of the meeting.

Councillor Bozinovski assumed the Chair.

Councillor Lundquist introduced a motion regarding a rental unit renovation by-law and a renovation licence program.

A question and answer period ensued between Members of Committee and Staff regarding:

• the implications of municipalities getting involved in a provincial matter;
• the timeline for a report and the parameters of a report including consultation with other municipalities and the Landlord and Tenant Board;
• whether Whitby currently has the resources for enforcement should a by-law and permitting program be approved;
• the number of Staff utilized in Hamilton for enforcement of their by-law and licensing program and the number of Staff Whitby would require;
• the number of people being evicted due to renovations in Whitby;
• information about the number of accessory dwelling units that were available for rent versus registered with the Town, and the number of units that meet the building code; and,
• the possibility for an educational campaign to ensure renters were aware of their rights, rules, regulations and compensation.

• Recommendation:

  Moved by Councillor Lundquist

  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.
  Carried

6.

Adjournment

• Recommendation:

  Moved by Councillor Cardwell

  That the meeting adjourn.

  The meeting adjourned at 9:47 p.m.