Regular Council Meeting Agenda

Monday, May 26, 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 905.430.4300 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.

Introductory Announcements and Ceremonial Activities

1. Land Acknowledgement
2. National Anthem
3. Moment of Reflection

3.

Call of the Roll: The Clerk

4.

Declarations of Conflict of Interest

5.

Adoption of Minutes

Regular Council - April 28, 2025

Special Council - April 28, 2025

• Recommendation:

  That the Regular Council and Special Council minutes of April 28, 2025 be approved.

6.

Presentations

6.1

Recognition: Communications and Creative Services Division

Re: International Association of Business Communicators and Canadian Public Relations Society Awards of Excellence

6.2

Jeff Abrams, Co-Principal, Principles Integrity (Virtual Attendance)

Re: Correspondence # 2025-246 received from Janice Atwood and Jeff Abrams, Co-Principals, Principles Integrity dated May 1, 2025 regarding the Integrity Commissioners Annual Report - Town of Whitby

Refer to Item 8.2, Correspondence # 2025-246

7.

Delegations

8.

Correspondence

8.1

Correspondence

That the following requests be endorsed:

• Sickle Cell Awareness Day - June 19, 2025
• Prostate Cancer Awareness Month - September 2025
• Childhood Cancer Awareness Month - Flag Raising - September 2 to 7, 2025

• Recommendation:

  That the proclamations for Sickle Cell Awareness Day and Prostate Cancer Awareness Month and the flag raising for Childhood Cancer Awareness Month be endorsed.

8.2

Correspondence # 2025-246 received from Janice Atwood and Jeff Abrams, Co-Principals, Principles Integrity dated May 1, 2025 regarding the Integrity Commissioners Annual Report - Town of Whitby

• Recommendation:

  That Correspondence # 2025-246 received from Janice Atwood and Jeff Abrams, Co-Principals, Principles Integrity dated May 1, 2025 regarding the Integrity Commissioners Annual Report - Town of Whitby be received for information.

9.

Committee of the Whole Report - Planning and Development

Planning and Development - May 5 and 12, 2025

9.1

PDP 22-25, Planning and Development (Planning Services) Department Report

Re: Draft Plan of Subdivision and Zoning By-law Amendment Applications, Mattamy (Thickson) Limited, File Number: DEV-02-22 (SW-2022-01 and Z-02-22)

• Recommendation:
  1. That Council approve the Draft Plan of Subdivision (File Number: SW-2022-01), subject to the comments included in Report PDP-22-25 and the Conditions of Draft Plan Approval included in Attachment #9;
  2. That Staff be authorized to prepare a Subdivision Agreement;
  3. That Council approve the amendment to Zoning By-law #1784, (File Number: Z-02-22) and that a Zoning By-law Amendment be brought forward for consideration by Council at a later date;
  4. That Williams and Stewart Associates Ltd. be appointed as the Control Architect for the Draft Plan of Subdivision; and,
  5. That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision.

9.2

PDE 02-25, Planning and Development (Engineering Services) Department and Financial Services Department Joint Report

Re: Columbus Road Phase 1 Construction (Country Lane to Ashburn Road)

• Recommendation:
  1. That a new 2025 capital project, in the amount of $40,000,000 be approved for Columbus Road Widening Phase 1 (Country Lane to Ashburn Road) funded as follows:
     1. $15,052,500 reallocated from Project #40246048 (Ashburn Road to Baldwin Street) as outlined in Staff Report PDE 02-25;
     2. $19,918,750 from the Province of Ontario’s Housing-Enabling Core Servicing grant;
     3. $4,274,437.50 from the Development Charges Reserve Fund for Roads and Related Town-wide Infrastructure; and,
     4. $754,312.50 from the Growth Capital Reserve Fund.
  2. That Bumstead Integrated Transportation Consulting be awarded a single source contract for municipal-side contract management of the project, in the amount of $375,000, funded from the new 2025 Capital Project Columbus Road Widening Phase 1 works;
  3. That, for the Columbus Road Phase 1 project, the Commissioner of Planning and Development, together with the Commissioner of Financial Services and Treasurer, and the Senior Manager of Procurement be delegated authority to award contracts that normally require Council authorization beforehand;
  4. That Staff report on procurements awarded, that normally would require Council approval, at the earliest opportunity following the event;
  5. Staff be authorized to enter into funding agreements with the Region of Durham and/or Developers for the cost recovery of water and sewer servicing works; and,
  6. That prior to the award of the construction contract, Staff be authorized to create a new capital project for Columbus Road Phase 1 water and sewer works budget to be funded by the Region of Durham and/or the Developers subject to receipt of:
     1. A signed agreement from the Region of Durham and/or Developers on the cost recovery of water and sewer servicing works; and,
     2. A purchase order from the Region of Durham and/or a letter of credit/financial securities from the Developers totaling the amount of the award for the water and sewer works.

9.3

PDE 04-25, Planning and Development (Engineering Services) Department and Financial Services Department Joint Report

Re: Des Newman Boulevard and Rossland Road – Financial Reconciliation

• Recommendation:
  1. That the final project cost of the Des Newman Boulevard and Rossland Road works completed by the West Whitby Landowners Group (“WWLG”) and Region of Durham, in the amount of $36,306,982 (as outlined in Table 5 of Report PDE 04-25) be approved;
  2. That the budget shortfall in Capital Project # 40256058, in the amount of $ 2,373,427 (as outlined in Table 5 of Report PDE 04-25), be funded from the Development Charges Roads and Related Town-wide Infrastructure Reserve Fund (“DC Roads RF”);
  3. That the Ontario Ministry of Transportation’s (“MTO”) outstanding reimbursement for the MTO portion of Des Newman Boulevard / Coronation Road and Rossland Road works, in the amount of $8,875,817 (as outlined in Table 4 of Report PDE 04-25), be funded from the DC Roads RF to be offset by any future recoveries from the MTO;
  4. That staff be authorized to negotiate, and the Mayor and Clerk be authorized to execute, one or more agreements with the WWLG to close the Development Charges Works Funding and Reimbursement Agreement (“WWLG Agreement”) for the Des Newman Boulevard and Rossland Road works, and to indemnify each other for future claims and costs related to the project, all in a form that is satisfactory to the Commissioner of Financial Services and Treasurer (or designate) and the Commissioner of Legal and Enforcement Services/Town Solicitor (or designate); and,
  5. That staff be authorized to negotiate and finalize, and the Mayor and Clerk be authorized to execute, one or more cost sharing agreements with the WWLG and/or Ministry of Transportation (“MTO”) for the Environmental Compensation Works required for the Des Newman Boulevard Project in a form that is satisfactory to the Commissioner of Financial Services and Treasurer (or designate) and the Commissioner of Legal and Enforcement Services/Town Solicitor (or designate).

10.

Committee of the Whole Report - General Government

General Government - May 5 and 12, 2025

10.1

FS 15-25, Financial Services Department Report

Re: 2024 Annual Investment Report

• Recommendation:

  That Report FS 15-25 entitled “2024 Annual Investment Report”, be received for information.

10.2

FS 26-25, Financial Services Department and Community Services Department Joint Report

Re: Single Source Contract Award for Design Services for the New Whitby Fire Station 

See also Memorandum from F. Wong, Commissioner of Financial Services/Treasurer dated May 26, 2025 regarding Status of Development Charges Reserve Funds and Impact on 2026 and Future Budgets

• Recommendation:
  1. That staff be authorized to award a single source contract to Thomas Brown Architects for the detailed design of the New Whitby Fire Station, in the amount of $942,185 plus HST, funded from capital project # 71231201 - FH6 - New Construction; and,
  2. That a 2025 capital project be approved for the construction of Fire Hall 6, in the amount of $17,000,000, funded from internal borrowing between Development Charges reserve funds as outlined in Report FS 26-25.

10.3

FS 14-25, Financial Services Department Report

Re: Growth-Related Development Fees Exemptions for Affordable Residential Units

• Recommendation:
  1. That Council approve the Affordable Residential Units Exemptions Policy included as Attachment 1 of Report FS 14-25; and,
  2. That the Treasurer be delegated the authority to enter into and make certain amendments to the agreements as outlined in Report FS 14-25 with the Region of Durham and property owners for the purpose of providing development charge, parkland dedication, and community benefit charge exemptions for Affordable Residential Units.

10.4

CMS 07-25, Community Services Department and Legal and Enforcement Services Department Joint Report

Re: Proposed Amendment to the Private Transportation Services By-law, Accessible Taxis

• Recommendation:
  1. That Report CMS 07-25 be received for information; and,
  2. That the proposed amendments to the Town’s Private Transportation Services By-law # 7398-18, substantially as appended in Attachment 1, be brought to Council for consideration and adoption.

10.5

Correspondence # 2025-235 from the Durham District School Board received on April 29, 2025 regarding Durham District School Board Enrollment Pressures and Funding Challenges

See also Memorandum from S. Klein, Deputy CAO dated May 26, 2025 regarding Response to Durham District School Board Request – Education Development Charge Cap and Site Plan Approval Exemption

• Recommendation:
  1. That Correspondence # 2025-235 from the Durham District School Board received on April 29, 2025 regarding Durham District School Board Enrollment Pressures and Funding Challenges be received for information; and,
  2. That staff be requested to report back through a memorandum with additional background information for Council’s consideration.

10.6

FS 27-25, Financial Services Department Report

Re: 2026 Budget Schedule and Engagement

See also Memorandum from F. Wong, Commissioner of Financial Services/Treasurer dated May 26, 2025 regarding Revised 2026 Budget Schedule and Engagement

Note: This item was referred at the Committee of the Whole meeting of May 12, 2025 to the Council meeting on May 26, 2025. Council direction required.

10.7

CAO 09-25, Office of the Chief Administrative Officer Report

Re: Economic Development Trade Mission

• Recommendation:
  1. That Report CAO 09-25 Economic Development Trade Mission be received as information; and,
  2. That the Clerk be directed to forward a copy of Report CAO 09-25 to the Director of Economic Development & Tourism, Region of Durham.

10.8

CLK 05-25, Office of the Town Clerk Report

Re: Accountability and Transparency Framework Review

• Recommendation:
  1. That Report CLK 05-25 providing an update and overview of the Town’s accountability and transparency framework be received for information;
  2. That the revised Accountability and Transparency Policy G 010 appended as Attachment 1 to Report CLK 05-25 be approved;
  3. That the Clerk be directed to bring forward a by-law to amend Procedure By-law #8081-24 to enact the following changes:
     1. Include the playing of the National Anthem as part of the opening protocols for Regular Council meetings; and,
     2. Permit recorded votes at Standing Committee meetings.
  4. That the revised Closed Meeting Policy G 040 appended as Attachment 2 to Report CLK 05-25 be approved; and,
  5. That the Clerk be directed to take the necessary actions to use the Ontario Ombudsman as the default closed meeting investigator in accordance with section 239.1 of the Municipal Act, 2001, including termination of the existing agreement for closed meeting investigator services with the Local Authority Services (LAS).

10.9

FES 01-25, Fire and Emergency Services Department Report

Re: Medical Priority Dispatch System (MPDS) Change Over and Tiered Response

• Recommendation:
  1. That report FES 01-25 be received for information on the pending changeover to the Medical Priority Dispatch System (MPDS); and,
  2. As per the Fire Department Establishing and Regulating By-law #7263-17 (Attachment #1), Council approves an amendment to the Town of Whitby’s current Fire Tiered Response Criteria (Attachment #2), moving the Town of Whitby to Level A, in alignment with the City of Oshawa, the Town of Ajax and the Township of Clarington.

10.10

Advocating for Sustainable Federal Funding for PARA Marine Search and Rescue

• Recommendation:

  Whereas PARA Marine Search and Rescue (PMSAR) is a registered Canadian charity that has been operating with a dedicated team of volunteers since 1967, who have contributed thousands of hours annually to ensure the safety of individuals participating in water activities on Lake Ontario; and, 

  Whereas PMSAR annually conducts over 30 search and rescue missions in coordination with Canadian Coast Guard, from Port Credit to Port Hope. Notable rescues include the recovery of kayakers, children on floats, and searches for missing persons off the shores of Lake Ontario. The unit works alongside various other government departments including local police, fire, EMS, and Coast Guard for both Canada and the US; and, 

  Whereas PMSAR’s commitment to safety, teamwork, and community has been recognized through numerous awards and recognitions; and, 

  Whereas PMSAR and its volunteers play a vital role in keeping the Lake Ontario waterfront and residents in Durham Region safe; and, 

  Whereas despite its vital work, PMSAR operates with minimal federal support, relying heavily on community funding and volunteer efforts to raise funds for major capital acquisitions; and, 

  Whereas the lack of direct sustainable and predictable funding from upper-tier governments poses a significant risk to the continuity and effectiveness of PMSAR’s long-term operations; and,

  Whereas PMSAR is in need of additional funding to procure a new vessel to replace their current vessel which will be at end of life in the mid-2030s; and, 

  Whereas ongoing annual operating funding from the federal government will lessen the burden for PMSAR as they work towards raising the approximately $2,000,000 required for a new vessel. 

  Now therefore, be it resolved: 

  1. That Whitby Council calls on the Federal Government to commit ongoing and predictable operating funding from the federal government to PARA Marine Search and Rescue to support the organization’s long-term operational needs, including vessel and equipment replacement, and for the continued safety and protection of residents on Lake Ontario;
  2. That Whitby Council encourages all Durham municipalities and the City of Toronto to bring forward similar motions advocating for ongoing operating support for PARA Marine Search and Rescue; and,
  3. That a copy of this motion be sent to Ryan Turnbull, MP for Whitby; Lorne Coe, MPP for Whitby; Public Safety Canada; the Regional Municipality of Durham; all Durham Region lower-tier municipalities; the City of Toronto; and PARA Marine Search and Rescue.

10.11

Outdoor Viewing Parties for the NHL Playoffs in Downtown Whitby

Note: This item was referred at Committee.

10.12

FS 01-25, Confidential Financial Services Department, Legal and Enforcement Services Department, and Community Services Department Joint Report

Re: Proposed Long-Term Lease of Front Street West (Rowe House)

• Recommendation:
  1. That Negotiable Request For Proposal (NRFP-20-2024) to obtain food and beverage / restaurant proposals for the Rowe House be awarded to 301 Rowe Inc.;
  2. That the Mayor and Clerk be authorized to execute a ten (10)-year commercial restaurant lease, with an option to extend for two (2) additional five (5)-year terms, with 301 Rowe Inc. for the Rowe House property, located 301 Front Street West, subject to terms substantially outlined in Confidential Report FS 01-25 and in a form satisfactory to the Commissioners of Community Services, Financial Services/Treasurer, and Legal and Enforcement Services/Town Solicitor (or their respective designates);
  3. That the requirement in Town Policy F-190 for the Town to provide public notice of long-term lease and report back to Council on any written objections received be waived; and,
  4. That the Commissioner of Financial Services & Treasurer, or designate, be authorized to enter into an agreement with 301 Rowe Inc. to provide access to the Rowe House in advance of the Possession Date, June 1, 2025, to allow for 301 Rowe Inc.’s consultants to start design and other works on the property.

11.

For information only - Committee of the Whole Minutes of May 5 and 12, 2025

12.

Notice of Motion

13.

New and Unfinished Business

13.1

CLK 06-25, Office of the Town Clerk Report

Re: Method of Election for Regional Councillors

• Recommendation:

  That Report CLK 06-25 be received for information.

14.

By-laws

• Recommendation:

  That leave be granted to introduce By-laws # 8187-25 to # 8195-25 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.

14.1

By-law # 8187-25

Being a By-law to establish provisions for providing Vital Services to a Rental Unit(s), including hot water, adequate and suitable heat, suitably cooled air, and potable water for rented or leased dwellings or living accommodations in the Town of Whitby.

Refer to LS 06-25, Proposed Rental Unit Vital Services By-law

See also Memorandum from A. Gratton, Senior Manager of Enforcement Services, dated May 26, 2025 regarding Review of Obstruct/Hinder penalties for Proposed Rental Unit Vital Services By-law

14.2

By-law # 8188-25

Being a By-law to amend Property Standards By-law # 6874-14, as amended.

Refer to LS 07-25, Proposed Administrative Amendments to Property Standards By-law # 6874-14, as amended 

14.3

By-law # 8189-25

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.

14.4

By-law # 8190-25

Being a By-law to amend Procedure By-law # 8081-24.

Refer to CLK 05-25, Accountability and Transparency Framework Review

14.5

By-law # 8191-25

Being a By-law to repeal By-law # 6040-08 to remove Local Authority Services as The Corporation of the Town of Whitby’s investigator of closed meetings.

Refer to CLK 05-25, Accountability and Transparency Framework Review

14.6

By-law # 8192-25

Being a By-law to adopt Amendment Number 144 to the Official Plan of the Town of Whitby.

Refer to PDP 20-25, Official Plan Amendment and Zoning By-law Amendment Applications, Baldwin Street Holdings Inc. (Ollie Switch Corporation), 91, 95. and 99 Baldwin Street, File Numbers: DEV-24-24 (OPA-2024-W/08, Z-11-24)

14.7

By-law # 8193-25

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

Refer to PDP 20-25, Official Plan Amendment and Zoning By-law Amendment Applications, Baldwin Street Holdings Inc. (Ollie Switch Corporation), 91, 95, and 99 Baldwin Street, File Numbers: DEV-24-24 (OPA-2024-W/08, Z-11-24)

14.8

By-law # 8194-25

Being a By-law to designate the Mayfield House on the property municipally known in 2025 as 780 Garden Street, and legally described as Part of Block 1, Plan 40M-2785, designated as Parts 1 and 2, Plan 40R-32970, as being of cultural heritage value and interest. 

Refer to PDP 42-23, 780 Garden Street – Notice of Intention to Designate a Property under Part IV, Section 29 of the Ontario Heritage Act

14.9

By-law # 8195-25

Being a By-law to designate the Ontario County House of Refuge on the property municipally known as 300 High Street and legally described as Part of Lot 28, Concession 2, designated as Part 1, on Plan 40R-6075, Town of Whitby, Regional Municipality of Durham as being of cultural heritage value and interest.

Refer to PDP 26-24, 300 High Street - Notice of Intention to Designate Property Under Part IV, Section 29 of the Ontario Heritage Act

15.

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 May 26, 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.

16.

Announcements

17.

Adjournment

• Recommendation:

  That the meeting adjourn.