Regular Council Meeting Revised Agenda

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Council Chambers
Whitby Town Hall

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 [email protected] 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 Committee 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.

 

The meeting will be available for viewing through the Town’s live stream feed at whitby.ca/CouncilCalendar while the meeting is in progress.

 

In accordance with Procedural By-law # 7462-18, 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.


Regular Council - March 20, 2023


Special Council - March 20, 2023


Special Council - March 23, 2023 (Confidential Minutes Under Separate Cover)


Special Council - April 13, 2023 (Confidential Minutes Under Separate Cover)

  • Recommendation:

    That the Regular Council Minutes of March 20, 2023, and the Special Council Minutes of March 20, March 23 and April 13, 2023 be approved.

Re: PDP 20-23, Planning and Development (Planning Services) Department Report
Official Plan and Zoning By-law Amendment Applications, 3 Cassels Road East, Brooklin, File Numbers: DEV-36-22 (OPA-2022-W/05, Z-23-22)


Refer to Item 8.8, PDP 20-23

Re: PDP 20-23, Planning and Development (Planning Services) Department Report
Official Plan and Zoning By-law Amendment Applications, 3 Cassels Road East, Brooklin, File Numbers: DEV-36-22 (OPA-2022-W/05, Z-23-22)


Refer to Item 8.8, PDP 20-23

That the following request be endorsed:

  • Multiple Sclerosis (MS) Awareness Month - May 2023
  • Multiple Sclerosis (MS) Awareness Month - Flag Raising - May 26-30, 2023
  • Provincial Day of Action on Litter - May 9, 2023
  • Victorian Order of Nurses (VON) Week - May 22-28, 2023
  • Bike Month - June 2023
  • Longest Day of SMILES® - June 18, 2023
  • Recommendation:

    That the proclamations for Multiple Sclerosis (MS) Awareness Month, Provincial Day of Action on Litter, Victorian Order of Nurses (VON) Week, Bike Month, and Longest Day of SMILES® and the flag raising for Multiple Sclerosis (MS) Awareness Month be endorsed.

Planning and Development - April 3, 2023

Re: Final Recommended Official Plan Amendment – Whitby Mature Neighbourhoods Study, File Number: OPA-2021-W/02

  • Recommendation:
    1. That Council adopt Amendment 130 to the Whitby Official Plan, regarding the Whitby Mature Neighbourhoods Study, as outlined in Report PDP 16-23;
    2. That the Clerk forward a copy of Planning Report PDP 16-23, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Amendment Number 130 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development; and,
    3. That the Clerk send a Notice of Council’s adoption of Amendment 130 to those persons and agencies who have requested further notification regarding the Mature Neighbourhoods Study.

Re: Zoning By-law Amendment Application to Remove the Holding (H) Symbol, Menkes Champlain Inc., Champlain Avenue, File Number: DEV-33-21 (Z-23-21)

  • Recommendation:
    1. That Council approve an Amendment to Zoning By-law # 1784 (File Number: Z-23-21) for the removal of the Holding (H) Symbol, as outlined in Planning Report PDP 13-23; and,
    2. That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council.

Re: Draft Plan of Condominium Application, Brookfield Residential (ONT) Station No. 3 Ltd., 201 Brock Street South, File Number: DEV-37-22 (CW-2022-04) - REVISED

  • Recommendation:
    1. That Council approve the Draft Plan of Condominium (File Number: CW-2022- 04) subject to the comments included in Planning Report PDP 15-23 and the Conditions of Approval, included in Attachment #4;
    2. That the Mayor and Clerk be authorized to execute the Condominium Agreement and any other necessary documents; and,
    3. That the Clerk advise the Commissioner of Planning and Economic Development at the Region of Durham, of Council’s decision.

Re: Removal of 301 Colborne Street East from the Municipal Heritage Register

  • Recommendation:
    1. That the property municipally known as 301 Colborne Street East be removed from the Town’s Municipal Heritage Register; and,
    2. That a full Heritage Documentation Report be prepared prior to demolition and submitted to the Planning and Development Department, to be deposited at the Whitby Archives.

Re: Request for an Extension to Draft Approved Plan of Subdivision, Brookfield Homes (Ontario) Whitby Limited, Brock Street South, File Number: DEV-03-17 (SW-2017-05)

  • Recommendation:

    That Council approve the extension of the Draft Approved Plan of Subdivision SW-2017-05 by an additional 3 years, to June 17, 2026.

Re: Request for an Extension to Draft Approved Plan of Subdivision, Brookfield Homes (Ontario) Whitby Limited, 1900 Brock Street South, File Number: DEV-05-17 (SW-2008-01) (MR-01-17)

  • Recommendation:

    That Council approve the extension of the Draft Approved Plan of Subdivision SW-2008-01 (MR-01-17) by an additional 3 years, to June 17, 2026.

Re: Official Plan and Zoning By-law Amendment Applications, 3 Cassels Road East, Brooklin, File Numbers: DEV-36-22 (OPA-2022-W/05, Z-23-22)


See also Memorandum from F. Santaguida, Commissioner of Legal and Enforcement Services/Town Solicitor and R. Saunders, Commissioner of Planning and Development dated April 24, 2023 regarding Additional Information regarding Planning Applications at 3 Cassels Road

Note: This item was referred at the Committee of the Whole meeting on April 3, 2023 to the Council meeting on April 24, 2023. Council direction required.

  • Recommendation:
    1. That Council approve Official Plan Amendment Number 131 to the Whitby Official Plan (File Number: OPA-2022-W/05), as shown on Attachment #7, and that a by-law to adopt Official Plan Amendment Number 131 be brought forward for consideration by Council;
    2. That the Clerk forward a copy of the Report PDP 20-23, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Amendment Number 131 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development;
    3. That Council approve an amendment to Zoning By-law # 1784, (File Number: Z-23-22), as outlined in Report PDP 20-23;
    4. That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council; and,
    5. That the Clerk forward a Notice of Council’s decision to those parties and agencies who requested further notification, including the Region of Durham’s Commissioner of Planning and Economic Development.

Re: Heritage Permit Application, Request for Demolition and New Dwelling at 404 Ontario Street West, Designated Under Part V of the Ontario Heritage Act, File Number: HP-01-23

  • Recommendation:
    1. That Council approve the Heritage Permit application requesting demolition of the existing dwelling at 404 Ontario Street West (HP-01-23), in accordance with Section 42 of the Ontario Heritage Act; and,
    2. That staff continue to work with the applicant to approve the Heritage Permit application (HP-01-23) for the replacement dwelling at 404 Ontario Street West, subject to the comments contained in report PDP 21-23, and the timelines required under the Ontario Heritage Act.

General Government - April 3, 2023

Re: CUPE 53 Whitby Naming Rights Sponsorship of Arena 5 at Iroquois Park Sports Centre

  • Recommendation:

    That Council approve entering into a second one (1) year sponsorship agreement effective May 1, 2023 with CUPE 53 Whitby for a Naming Rights Sponsorship at Iroquois Park Sports Centre (IPSC), including keeping Arena 5 as “CUPE 53 Whitby Arena 5”, based on the sponsorship package and other terms and conditions identified in Report CAO 10-23.

Re: Review of the Noise Enforcement Pilot Program 2022

  • Recommendation:
    1. That Report LS 03-23 be received for information;
    2. That Council approve the continuation of the pilot after-hours parking and by-law enforcement program, as outlined in Report LS 03-23, at a cost $17,558 funded from incremental 2023 parking infraction revenue and the Parking Reserve; and,
    3. That Item GG-0014 be removed from the New and Unfinished Business List.

Re: 2023 Property Tax Rates and Final Billing Due Dates

  • Recommendation:
    1. That the property tax rates for the year 2023, General Municipal Town Levies be approved as indicated in Attachment A to Report FS 12-23;
    2. That the special tax levy and tax rates for the year 2023 for the properties located within the Downtown Whitby Business Improvement Area (BIA) be approved as indicated in Attachment B to Report FS 12-23;
    3. That the final tax bill due dates for the Residential, Farmland, Pipeline and Managed Forest tax classes be June 26, 2023 and September 25, 2023;
    4. That the final tax bill due dates for the capped tax classes (Commercial, Industrial and Multi-Residential) also be established for June 26, 2023 and September 25, 2023;
    5. That prior to the issuance of the final tax bills, the Treasurer be authorized to adjust the due dates for the capped tax classes only and notify Council at the earliest opportunity; and,
    6. That a by-law for the General Municipal Town Levies and a separate bylaw for the Special Tax Levy in support of the Downtown Whitby BIA, to set the due dates and levy rates for 2023 in accordance with the approved budgets and regulations, be brought forward at a future Council meeting.

Re: 2022 Annual Investment Report

  • Recommendation:
    1. That Report FS 14-23, 2022, the 2022 Annual Investment Report, be received;
    2. That the updated Investment Policy F 100, attached as Appendix C to report FS 14-23, be approved;
    3. That the Treasurer be directed to sign a copy of the Investment Policy F100 to indicate Council’s approval and to forward a copy of this Policy to the ONE Joint Investment Board; and,
    4. That delegated authority be provided to the Commissioner of Financial Services/Treasurer to approve housekeeping amendments to Investment Policy F100 as recommended by the ONE JIB/ONE Investment, and that the Clerk be directed to update the Delegation of Powers and Duties Policy (G 020) and Standards for Town Policies and Procedures (CA 080) to reflect this delegated authority.

Re: Soccer Dome Replacement

  • Recommendation:
    1. That a new 2023 Capital Project be approved, for the Soccer Dome Replacement Project, in the amount of $250,000 funded from the Whitby Soccer Dome Reserve Fund;
    2. That the Whitby Iroquois Soccer Club (operating as the Whitby Football Club (“WFC”)) be authorized to proceed with the coordination and procurement of the soccer dome replacement project; and,
    3. That staff be authorized to reimburse the WFC within 30 days of receipt and acceptance of payment information, as outlined in Report FS 16-23, for WFC costs in excess of $400,000.
  • Recommendation:

    Whereas the homelessness crisis is taking a devastating toll on families and communities, undermining a healthy and prosperous Ontario; and, 

    Whereas the homelessness crisis is the result of the underinvestment and poor policy choices of successive provincial governments; and, 

    Whereas homelessness requires a range of housing, social services and health solutions from government; and, 

    Whereas homelessness is felt most at the level of local government and the residents that they serve; and, 

    Whereas municipalities and District Social Administration Boards are doing their part, but do not have the resources, capacity, or tools to address this complex challenge; and, 

    Whereas leadership and urgent action is needed from the provincial government on an emergency basis to develop, resource, and implement a comprehensive plan to prevent, reduce and ultimately end homelessness in Ontario. 

    Now therefore, be it resolved that the Town of Whitby calls on the Provincial Government to urgently: 

    1. Acknowledge that homelessness in Ontario is a social, economic, and health crisis;
    2. Commit to ending homelessness in Ontario; and,
    3. Work with AMO and a broad range of community, health, Indigenous and economic partners to develop, resource, and implement an action plan to achieve this goal.

    And further that a copy of this motion be sent to the Premier, Minister of Municipal Affairs and Housing, the Minister of Children, Community and Social Services, the Minister of Health, and to the Association of Municipalities of Ontario.

Moved By: Councillor Bozinovski
Seconded By: Councillor Leahy

  • Recommendation:

    That Staff be directed to report to Council on the implementation of a gateway maintenance program, including additional resources required, to address the repair and rehabilitation of deteriorating gateway signage in subdivisions throughout the Town of Whitby.

Moved By: Mayor Roy
Seconded By: Councillor Lundquist

  • Recommendation:

    WHEREAS currently the most severe penalty that can be imposed on an elected official is suspension and loss of pay for 90 days, even in cases of workplace harassment or abuse;

    AND WHEREAS there is currently no process to remove an elected official from office, even in cases of confirmed workplace harassment or abuse;

    AND WHEREAS a fundamental, underlying principle of broadening diversity, equity and inclusion in politics rests on the assumption that the workplace is safe;

    AND WHEREAS Bill 5, the Stopping Harassment and Abuse by Local Leaders Act would require all elected officials to comply with the workplace violence and harassment policies of the municipality they represent, permit a municipality to direct the lntegrity Commissioner to apply to the court to vacate a member's seat for failing to comply with the municipality's workplace violence and harassment policies as well as restrict officials whose seat has been vacated from seeking re-election in any resulting by-election;

    AND WHEREAS at least 27 municipalities have formally endorsed and communicated public support for Bill 5, including Ajax, Ottawa, Hamilton, London, Barrie, Orillia, and Richmond Hill;

    AND WHEREAS Bill 5 would both hold accountable and protect all municipal officials;

    NOW THEREFORE BE IT RESOLVED:

    1. THAT Whitby Council express its support for Bill 5, Stopping Harassment and Abuse by Local Leaders Act; and
    2. THAT a copy of this motion be circulated to the Hon. Doug Ford, Premier of Ontario, Lorne Coe, MPP for Whitby, the Association of Municipalities of Ontario, and all Durham Region municipalities.

Moved By: Councillor Shahid
Seconded By: Councillor Bozinovski

  • Recommendation:

    WHEREAS every 48-Hours a woman is killed in Canada by her intimate partner;

    AND WHEREAS one in five women experience some form of abuse in their intimate relationship; Intimate partner violence (IPV) is physical, sexual and emotional abuse and aggression that occurs in an intimate relationship;

    AND WHEREAS on the morning of September 22, 2015, in Ottawa’s Renfrew County, Carol Culleton, Anastasia Kuzyk and Nathalie Warmerdam were murdered by a former  partner;

    AND WHEREAS on June 28, 2022, a five-person jury established as part of a coroner’s inquest into the events of September 22, 2015; Renfrew County delivered 86 recommendations in a unanimous verdict on the deaths of three local women, who were killed by their former partner on a single morning in 2015; the City of Ottawa, Renfrew County, and Lanark County have passed motions declaring an IPV epidemic, and acknowledging the 86 recommendations in the Renfrew County Inquest;

    AND WHEREAS specific legislation addressing family and domestic violence has been passed by six provinces and three territories; however, Ontario has not implemented this type of legislation;

     AND WHEREAS in Durham Region, the Violence Prevention Coordination Council of Durham (VPCC), which represents 35 local agencies including (and not limited to) Luke’s Place, Herizon House, and the Durham Rape Crisis Centre, has seen a significant increase in demand for assistance from local IPV support providers.  Reporting in fiscal year 2021-22, Durham Victim Services supported 4,438 victims of Intimate Partner Violence (IPV) – up 32% over 4 years, and supported 916 victims of Sexual Violence, up 277% over four years.

    AND WHEREAS Human Trafficking in Durham Region has risen by more than 320% since 2018. 85% of the victims supported by VSDR are women and children. VSDR alone supported almost 8,000 victims of gender-based violence in Durham in 2021-2022. Another unfortunate trend throughout the Durham Region as the level of brutality increases towards the victims.  

    AND WHEREAS Durham Region is home to many Indigenous women and girls who are continuing to be disproportionately impacted by violence. 75% of Indigenous females experience sexual violence before age 18, 50% before age 14 and 25% before age 7.

    AND WHEREAS accessing shelter in Durham Region is becoming nearly impossible due to the shelters being at capacity. VSDR can access Victim Quick Response funding for eligible victims but this covers only a short term stay in hotel and the maximum amount provided is $150/night. With inflation, there are no longer hotels available at this cost. Leaving some victims with the only option(s) to remain in their IPV situation or become homeless.

    NOW THEREFORE BE IT RESOLVED THAT:

    1. The Council of the Town of Whitby urge the Ontario Government to declare an IPV epidemic, as per recommendation #1 of the Renfrew County Inquest;
    2. That the Council of the Town of Whitby urge the Region of Durham to declare an IPV epidemic and integrate IPV into the Region’s Community Safety and Well-Being Plan, as per recommendation #10 of the Renfrew County Inquest; and,
    3. This motion be distributed to MPP Lorne Coe, the Ministry of the Attorney General, the Provincial Office of Women's Social and Economic Opportunity, Durham Region municipalities, and the Association of Municipalities of Ontario.

13.

 
  • Recommendation:

    That leave be granted to introduce By-laws # 7984-23 to # 7989-23 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.

Being a by-law to designate certain portions of a registered Plan of Subdivision (SW-2013-03) as not being subject of Part Lot Control.

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.

Being a by-law to designate certain portions of a registered Plan of Subdivision (SW-2016-05) as not being subject of Part Lot Control.

Being a by-law to set and levy tax rates for the Business Improvement Area (BIA) and to set penalty and interest rates for unpaid taxes.


Refer to FS 12-23, 2023 Property Tax Rates and Final Billing Due Dates and FS 11-23, Downtown Whitby Business Improvement Area (BIA)
2023 Budget and 2022 Reporting

Being a by-law to set and levy tax rates for the calendar year 2023 for the Town of Whitby and to set penalty and interest rates for unpaid taxes.


Refer to FS 12-23, 2023 Property Tax Rates and Final Billing Due Dates

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


Refer to PDP 14-23, DEV-01-23: Zoning By-law Amendment Application, 1621 McEwen Drive File No. Z-01-23

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

14.1
Memorandum from C. Harris, Town Clerk dated April 17, 2023 regarding Recommendation for Appointments to the Accessibility Advisory Committee

 

14.2
Memorandum from C. Harris, Town Clerk dated April 19, 2023 regarding Recommendation for Appointments to the Active Transportation and Safe Roads Advisory Committee

 
  • 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 April 24, 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.

  • Recommendation:

    That the meeting adjourn.

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