Committee of the Whole Revised Agenda

Monday, March 04, 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 Committee meeting either in-person or virtually, please submit a Delegation Request Form online to the Office of the Town Clerk by 10 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.

 

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.

Consent Agenda

5.

Planning and Development

5.1

Presentations

5.2

Delegations

5.2.1

George Lysyk, Resident (In-Person Attendance)

Re: PDE 01-24, Planning and Development (Engineering Services) Department Report        
Infill Development By-law

Refer to Item 5.4.1, PDE 01-24

5.2.2

Steve Edwards and Mark McConville representing Frontdoor Developments (Palmerston) Inc. (In-Person Attendance)

Re: PDP 11-24, Planning and Development (Planning Services) Department Report        
Official Plan Amendment, Draft Plan of Subdivision and Zoning By-law Amendment Applications, Frontdoor Developments (Palmerston) Inc., 400 Palmerston Avenue, File Number: DEV-25-23 (OPA-2023-W/03, SW-2023-03 and Z-09-23)

Refer to Item 5.4.2, PDP 11-24

5.2.3

Greg Rea, Resident (In-Person Attendance)

Re: PDP 11-24, Planning and Development (Planning Services) Department Report        
Official Plan Amendment, Draft Plan of Subdivision and Zoning By-law Amendment Applications, Frontdoor Developments (Palmerston) Inc., 400 Palmerston Avenue, File Number: DEV-25-23 (OPA-2023-W/03, SW-2023-03 and Z-09-23)

Refer to Item 5.4.2, PDP 11-24

5.2.4

Adam Layton representing Icon Taunton Limited (Virtual Attendance)

Re: PDP 12-24, Planning and Development (Planning Services) Department Report        
Draft Plan of Subdivision and Zoning By-law Amendment Applications, Icon Taunton Limited, 945 Taunton Road East, File Numbers: DEV-28-23 (SW-2023-04, Z-10-23)

Refer to Item 5.4.3, PDP 12-24

5.3

Correspondence

5.4

Staff Reports

5.4.1

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

Re: Infill Development By-law

• Recommendation:
  1. That an Infill Development By-law in accordance with the recommendations contained in Report PDE 01-24, be brought forward for Council’s approval;
  2. That the Director of Engineering Services be directed to finalize and implement the Guidelines to Infill Developments and Grading, Servicing and Drainage Permit in accordance with the recommendations contained in Report PDE 01-24 and in the proposed Infill Development By-law;
  3. That the Director of Engineering Services be provided with the delegated authority to amend the Guidelines to Infill Developments and Grading, Servicing and Drainage Permit from time to time;
  4. That Council approve the proposed Infill Development Fees and Securities as outlined in Report PDE 01-24; and,
  5. That the Fees and Charges By-law # 7220-17, as amended, be further amended to include the proposed Infill Development By-law Fees and Securities, as outlined in Report PDE 01-24.

5.4.2

PDP 11-24, Planning and Development (Planning Services) Department Report

Re: Official Plan Amendment, Draft Plan of Subdivision and Zoning By-law Amendment Applications, Frontdoor Developments (Palmerston) Inc., 400 Palmerston Avenue, File Number: DEV-25-23 (OPA-2023-W/03, SW-2023-03 and Z-09-23)

• Recommendation:
  1. That Council approve the Draft Plan of Subdivision (File No. SW-2023-03), subject to the comments included in Planning Report PDP 11-24 and the conditions of draft plan approval included in Attachment #12;
  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 #2585, (File No. Z-09-23), as outlined in Planning Report No. PDP 11-24; and,
  5. That a by-law to amend Zoning By-law #2585 be brought forward for consideration by Council at such time as the subdivision receives Draft Approval.

5.4.3

PDP 12-24, Planning and Development (Planning Services) Department Report

Re: Draft Plan of Subdivision and Zoning By-law Amendment Applications, Icon Taunton Limited, 945 Taunton Road East, File Numbers: DEV-28-23 (SW-2023-04, Z-10-23)

• Recommendation:
  1. That Council approve the Draft Plan of Subdivision (File No. SW-2023-04), subject to the comments included in Planning Report PDP 12-24 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 #1784, (File No. Z-10-23), as outlined in Planning Report No. PDP 12-24; and,
  5. That a by-law to amend Zoning By-law #1784 be brought forward for consideration by Council at such time as the subdivision receives Draft Approval and Site Plan Approval is issued by the Commissioner of Planning and Development.

5.5

New and Unfinished Business - Planning and Development

6.

General Government

6.1

Presentations

6.1.1

Andre Gratton, Manager, Enforcement Services and Francesco Santaguida, Commissioner, Legal and Enforcement Services (In-Person Attendance)

Re: LS 04-24, Legal and Enforcement Services Department Report

Implementation of Administrative Penalty System for parking infractions in Whitby & School Zone Parking Enforcement Update

Refer to Item 6.4.1, LS 04-24

6.2

Delegations

6.2.1

Gabriella Kalapos representing Clean Air Partnership (Virtual Attendance)

Re: Memorandum from H. Ellis, Council and Committee Coordinator, dated February 2, 2024 re: Whitby Sustainability Advisory Committee Request that Council Support the Ontario Energy Board’s Decision to end the Gas Pipeline Subsidy

Refer to Item 6.3.1, Memorandum from H. Ellis, Council and Committee Coordinator, dated February 2, 2024 re: Whitby Sustainability Advisory Committee Request that Council Support the Ontario Energy Board’s Decision to end the Gas Pipeline Subsidy

6.2.2

Bob Willard, Whitby Sustainability Advisory Committee (In-Person Attendance)

Re: Memorandum from H. Ellis, Council and Committee Coordinator, dated February 2, 2024 re: Whitby Sustainability Advisory Committee Request that Council Support the Ontario Energy Board’s Decision to end the Gas Pipeline Subsidy

Refer to Item 6.3.1, Memorandum from H. Ellis, Council and Committee Coordinator, dated February 2, 2024 re: Whitby Sustainability Advisory Committee Request that Council Support the Ontario Energy Board’s Decision to end the Gas Pipeline Subsidy

6.3

Correspondence

6.3.1

Memorandum from H. Ellis, Council and Committee Coordinator, dated February 2, 2024 re: Whitby Sustainability Advisory Committee Request that Council Support the Ontario Energy Board’s Decision to end the Gas Pipeline Subsidy

• Recommendation:

  That the Memorandum from H. Ellis, Council and Committee Coordinator, dated February 2, 2024 re: Whitby Sustainability Advisory Committee Request that Council Support the Ontario Energy Board’s Decision to end the Gas Pipeline Subsidy be received for information.

6.3.2

Correspondence 2024-87 from A. Adams, Regional Clerk, Regional Municipality of Peel, dated February 2, 2024 re Supreme Court of Appeal in Sudbury v. Ontario (Ministry of Labour)

See also Item 6.4.3, LS 05-24

• Recommendation:
  1. That Correspondence 2024-87 from A. Adams, Regional Clerk, Regional Municipality of Peel, dated February 2, 2024 re Supreme Court of Appeal in Sudbury v. Ontario (Ministry of Labour) be endorsed by Council; and,
  2. That a copy of this resolution be provided to the Honourable Doug Ford, Premier of Ontario, the Honourable David Piccini, Minister of Labour, Immigration, Training and Skills Development, the Honourable Paul Calandra, Minister of Municipal Affairs and Housing, the Association of Municipalities of Ontario, the Federation of Northern Ontario Municipalities, Mayors and Regional Chairs of Ontario, the Council of Ontario Construction Associations, the Ontario Chamber of Commerce and all Greater Toronto Area municipalities.

6.4

Staff Reports

6.4.1

LS 04-24, Legal and Enforcement Services Department Report

Re: Implementation of Administrative Penalty System for parking infractions in Whitby & School Zone Parking Enforcement Update

• Recommendation:
  1. That staff be directed to facilitate and implement an Administrative Penalty System (“APS”) for the Town of Whitby for Parking infractions with an implementation date of May 1, 2024.
  2. That upon passing of the Administrative Penalty System By-law and new Traffic By-law, that Traffic By-law # 1862-85, as amended, is repealed after the transition period.
  3. That the proposed new Administrative Penalty System By-law, be brought forward to the next Council meeting for consideration and adoption, substantially in accordance with Attachment 2 to this Report, and in a form satisfactory to the Commissioner of Legal and Enforcement Services/Town Solicitor.
  4. That the proposed new Traffic By-law, be brought forward to the next Council meeting for consideration and adoption, substantially in accordance with Attachment 1 to this Report, and in a form satisfactory to the Commissioners of Legal and Enforcement Services/Town Solicitor and Planning and Development.
  5. That Council approve the proposed Prevention of Political Interference Policy and Conflict of Interest Policy, substantially in accordance with Attachments 3 and 4, respectively.
  6. That the Commissioner of Legal and Enforcement Services/Town Solicitor be directed to draft and implement a Standard Operating Procedure for public complaints in relation to the Administrative Penalty System.
  7. That the Commissioner of Legal and Enforcement Services/Town Solicitor be delegated the authority to appoint both a Screening Officer and a Hearings Officer for the administration of the APS, and that the Clerk be directed to update the Policy G 020, Delegation of Powers and Duties Policy, accordingly.
  8. That staff be directed to transition other applicable municipal by-laws to an Administrative Penalty System.
  9. That Item GG-0020 be removed from the New and Unfinished Business List.

6.4.2

LS 02-24, Legal and Enforcement Services Department Report

Re: Conveyance of a Portion of Old Lake Ridge Road from the Regional Municipality of Durham and Boundary Road Agreement between Town of Whitby and Town of Ajax

• Recommendation:
  1. That Part of Lot 1, Concession 1 (Geographic Township of Pickering) and Part of Road Allowance between Township of Whitby and Township of Pickering, designated as Part 4 on Plan 40R-30216, being a portion of PIN 26494-0728 (LT) (“Property #1”), and Part of Lot 1, Concession 1 (Geographic Township of Pickering) and Part of Road Allowance between Township of Whitby and Township of Pickering, designated as Part 3 on Plan 40R-29191, SAVE and EXCEPT Parts 3 and 4 on Plan 40R-30216, being all of PIN 26494-0745 (LT) (“Property #2”), (collectively, the ”Properties” or “Old Lake Ridge Road”) be acquired from The Regional Municipality of Durham subject to the conditions set forth in Legal Services Report LS 02-24; 
  2. That Council direct staff to negotiate and enter into a Boundary Road Agreement with The Corporation of the Town of Ajax to the satisfaction of the Commissioner of Legal Services and Enforcement/Town Solicitor, or designate, to outline the future rights and obligations relating to Old Lake Ridge Road (the “Boundary Road Agreement”);
  3. That the requirement to obtain an appraisal and give public notice in accordance with Town of Whitby Policy F-190 regarding the Acquisition, Sale or other Disposition of Land Policy be waived for the acquisition of the Properties; 
  4. That the Clerk be authorized to bring forward a by-law authorizing the acquisition of the Properties; and,
  5. That the Mayor and Clerk be authorized to undertake all necessary actions and execute an Offer to Sell with the Regional Municipality of Durham, a Boundary Road Agreement with The Corporation of the Town of Ajax, and any other documents to give effect thereto.

6.4.3

LS 05-23, Legal and Enforcement Services Department and Financial Services Department Joint Report

Re: R. v. City of Greater Sudbury – Staff Comments concerning Recent Supreme Court of Canada Decision

• Recommendation:

  That Report LS 05-23 be received for information.

6.4.4

FS 05-24, Financial Services Department and Legal and Enforcement Services Department Joint Report

Re: Land Exchange between the Town of Whitby and the Canadian Pacific Railway Company for future work to Des Newman Boulevard

• Recommendation:
  1. That Part of the Road Allowance of Coronation Road between Lots 32 and 33, Concession 3, designated as Parts 8, 9 and 10 on Plan 40R-29953 (being a portion of PIN 26548-3682 (LT)) (“Property #1”), and Part of the Road Allowance of Ash Street, East of Brock Street, Plan H50029, designated as Part 1 on Plan 40R-32017 (being a portion of PIN 26532-0111 (LT)) (“Property #2), (collectively the “Town’s Parcels”) be declared surplus and conveyed to the Canadian Pacific Railway Company (“CPR”), and that Part of Lot 34, Concession 3, designated as Part 1 on Plan 40R-31999 (being a portion of PIN 26548-0437 (LT)) (“Property #3”), (the “CPR Parcel”) be acquired from CPR, subject to the conditions set forth in Financial Services Report 05-24;
  2. That the Clerk be authorized to bring forward by-laws authorizing the disposition of the Town’s Parcels and the acquisition of the CPR Parcel;
  3. That the Clerk be authorized to bring forward a by-law to stop up and close Property #1 and Property #2 as a public highway;
  4. That the requirement to obtain an appraisal and give public notice in accordance with Town of Whitby Policy F-190 regarding the Acquisition, Sale or other Disposition of Land Policy be waived for the acquisition and disposition of the lands described herein;
  5. That the requirement to provide notice to permanently close a highway in accordance with Town of Whitby Public Notice Policy CA-150 be waived for the lands described herein; and,
  6. That Council hereby delegate authority to the Commissioner, Planning and Development and the Commissioner, Financial Services and Treasurer to undertake the necessary actions and execute a land exchange agreement and all other necessary documents to give effect thereto, with such actions and agreements being in a form satisfactory to the Commissioner, Legal and Enforcement Services/Town Solicitor, or designate.

6.4.5

FS 06-24, Financial Services Department Report

Re: 2023 Annual Investment Report

• Recommendation:

  That Report FS 06-24, the 2023 Annual Investment Report, be received.

6.4.6

FS 08-24, Financial Services Department Report

Re: Asset Management Policy Update

• Recommendation:
  1. That Report FS 08-24 regarding the Asset Management Policy update be endorsed by Council;
  2. That Staff continue to undertake asset management initiatives to remain in compliance with Ontario Regulation 588/17 and the Municipal Funding Agreement for the Transfer of Federal Gas Tax Funds; and,
  3. That Staff report back to Council in June 2024 with an update to the Municipal Asset Management Plan.

6.4.7

CAO 06-24, Office of the Chief Administrative Officer and Financial Services Department Joint Report

Re: Community Development Funds - 2023 Annual Report

• Recommendation:
  1. That Report CAO 06-24 regarding the 2023 Annual Report for the Mayor’s Community Development Fund and the Performing Arts Community Development Fund be received for information; and,
  2. That Council approve the updated Mayor’s Community Development Fund and Performing Arts Community Development Fund Policy as shown in Attachment 4.

6.4.8

CLK 03-24, Office of the Town Clerk Report

Re: Revised Public Notice Policy

• Recommendation:

  That Council approve the revised Public Notice Policy appended to Report CLK 03-24 as Attachment 1.

6.5

New and Unfinished Business - General Government

6.5.1

Recognitions at Council

Moved by Councillor Cardwell

• Recommendation:

  That the Clerk be directed to amend the current criteria for those eligible to receive the Town's "Outstanding Achievement Award" in the form of a medal and certificate. These accolades will go to Whitby residents who have done outstanding deeds or had incredible triumphs at a National or International level. The presentation from the Mayor and Council will occur within the calendar year in which the achievement took place.

6.5.2

Removal of Tolls from Highway 407

Moved by Councillor Lee

• Recommendation:

  Whereas on February 15, 2024 the Province announced it will be introducing new legislation through the Get It Done Act in the Legislature’s spring sitting, which if passed will prohibit Ontario from introducing new tolls on provincial highways and potentially require public consultation before considering new tolls; and,

  Whereas Highway 407 East from Brock Road (Regional Road 1) in Pickering to Highway 35/115 is provincially owned with tolls set by the province; and,

  Whereas if excluded from the proposed ban on tolls, Highway 407 East would become the only tolled provincially owned highway in Ontario, resulting in unfair economic impacts to Durham Region residents and businesses; and,

  Whereas planned Regional 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 two construction seasons impacting travel times for residents and businesses; and,

  Whereas removal of tolls on Highway 407 East work would improve overall travel times and alleviate the traffic impacts on surrounding Regional and local municipal roads during the Winchester Road construction.

  Now therefore be it resolved:

  1. That the Council of the Town of Whitby request the Province of Ontario to amend the Get It Done Act to include the removal of road tolls on the existing Highway 407 East from Brock Road in Pickering to Highway 35/115; and,
  2. That the Clerk be directed to circulate this motion to the Premier of Ontario, the Minister of Transportation, all Durham Region MPPs, and all Durham municipalities.

7.

Adjournment