Committee of the Whole Revised Agenda

Monday, May 13, 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

Nizar Walji representing HarbourTen10 Residences Inc. C/O Castle Group Developments (In-Person Attendance)

Re: PDP 27-24, Planning and Development (Planning Services) Department Report        
Draft Plan Condominium Application, HarbourTen10 Residences Inc., 1010 Dundas Street, File Number: DEV-11-24 (CW-2024-02)

Refer to Item 5.4.1, PDP 27-24

5.3

Correspondence

5.4

Staff Reports

5.4.1

PDP 27-24, Planning and Development (Planning Services) Department Report

Re:  Draft Plan Condominium Application, HarbourTen10 Residences Inc., 1010 Dundas Street, File Number: DEV-11-24 (CW-2024-02)

• Recommendation:
  1. That Council approve the Draft Plan of Condominium (File No. CW-2024-02) subject to the comments included in the Planning Report PDP 27-24 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.

5.5

New and Unfinished Business - Planning and Development

6.

General Government

6.1

Presentations

6.2

Delegations

6.3

Correspondence

6.4

Staff Reports

6.4.1

CAO 13-24, Office of the Chief Administrative Officer, Legal and Enforcement Services Department, and Financial Services Department Joint Report

Re: Municipal Accommodation Tax

• Recommendation:
  1. That Report CAO 13-24 regarding Municipal Accommodation Tax (MAT) be received;
  2. That the Clerk be directed to bring forward a Municipal Accommodation Tax (MAT) By-law, establishing a MAT rate of 4%, effective July 1, 2024, as appended to Report CAO 13-24 as Attachment 1;
  3. That Staff be directed to formalize an agreement, and the Commissioner of Finance & Treasurer or designate be authorized to execute an agreement between the Town of Whitby and Ontario Restaurant Hotel & Motel Association (ORHMA) to collect the Municipal Accommodation Tax from Whitby accommodations in a form satisfactory to the Commissioner of Legal & Enforcement Services/Town Solicitor;
  4. That Staff are authorized to incorporate a Tourism Municipal Services Corporation (MSC), named Whitby Tourism Development Corporation (WTDC), if available and as outlined in the Business Case Study (Attachment 2) and that the Commissioner of Finance & Treasurer be authorized to execute any supporting documents confirming consent;
  5. That the following list be appointed as the interim Board Members to the Whitby Tourism Development Corporation:
     1. One (1) Member of Council, as appointed by the Mayor; and
     2. Four (4) Staff Members.
  6. That Staff bring forward in the fourth quarter of 2024, five (5) members to be appointed to the Whitby Tourism Development Corporation (WTDC) Board of Directors, and any required corporate by-laws, Operating Agreement, Asset Transfer Policy, budget, and other operational particulars to allow WTDC to conduct its affairs and transactions per its mandate, and applicable laws and regulations;
  7. That the Program Manager, Events, Culture & Tourism and Senior Manager, Economic Development be authorized to request and obtain the consent of the Regional Municipality of Durham to create the Whitby Tourism Development Corporation pursuant to Section 11(4) of the Municipal Act, 2001, S.O. 2001, c.25, as amended;
  8. That the Mayor and Clerk be granted the authority to enter into agreements with the MSC on behalf of the Town, including all necessary documents ancillary thereto, with Eligible Tourism Entity(ies) that receive(s) an amount of the Municipal Accommodation Tax respecting reasonable financial accountability matters in order to ensure that amounts paid to the entity are used for the exclusive purpose of promoting tourism, and the agreements may provide for other matters, all in a form satisfactory to the Commissioner of Legal & Enforcement Services/Town Solicitor; and,
  9. That a reserve fund, for the portion of the Municipal Accommodation Tax revenue that is retained by the Town, be established and that Staff bring forward a Municipal Accommodation Tax Reserve Fund Policy by the fourth quarter of 2024 for Council approval; and,
  10. That Staff report back to Council in the fourth quarter of 2024 on the progress of the new Municipal Accommodation Tax and implementation plan.

6.4.2

CLK 04-24, Office of the Town Clerk Report

Re: Procedure By-law Review

• Recommendation:
  1. That the Clerk be directed to bring forward a revised Procedure By-law, as appended to Report CLK 04-24 as Attachment 1, which provides improved formatting, structure, and ease of reference;
  2. That the revised Procedure By-law contain the following substantive revisions versus the current rules of procedure, based on feedback from the consultation sessions held with Members of Council:

  1. 1. an increased submission deadline for notices of motion, requiring Members to provide the Clerk with the topics of proposed motions 10 days in advance of meetings to allow the topics to be shared with all Members of Council prior to agenda publication;
     2. revised meeting start times of 5:30 p.m. for Committee of the Whole, 6:30 p.m. for Planning Public Meetings, and 7:00 p.m. for Regular Council to be effective following the 2024 Council Summer Recess, noting that between 5:30 and 7:00 p.m. prior to Regular Council meetings will be reserved for Special Council meetings;
     3. defined meeting adjournment times, requiring Chair review at 10:30 p.m., with all meetings ending at 11:00 p.m. with no further ability to debate or extend the adjournment time, noting that matters not considered prior to the adjournment will be deferred to the next applicable meeting instance;
     4. hearing of delegates only at Committee of the Whole meetings, unless a matter is being considered at a Regular Council meeting that was not previously considered at a Committee of the Whole meeting, or in instances where the effect of the Staff recommendation is altered by Council at Committee of the Whole;
     5. a registration deadline for delegates of 8:00 a.m. on the day of a meeting, allowing members of the public to review agendas over the weekend prior to a meeting and to accommodate the revised Rules of Procedure that only allow delegations at Council for new matters or where the Staff recommendation was altered;
     6. clarification regarding the role of the Chair, noting that the Chair has the responsibility to summarize discussion points raised by delegates, refer questions from delegates to Staff at the appropriate point of a meeting, and has overall responsibility to manage questions from Members to delegates;
     7. clarification regarding the types of questions Members may pose to delegates, noting that questions may only seek to clarify discussion points raised by delegates that are unclear, and not expand the scope of a delegate’s remarks or to summarize their comments;
     8. food shall continue to be prohibited in Council Chambers, however Members of Council shall be permitted to consume water and other drinks (e.g., coffee, tea, pop, etc.) noting that beverages consumed on the dais shall be in the provided drinkware;
     9. a general seating plan for Members of Council for Committee of the Whole and Council meetings, as detailed in Attachment 2 to Staff Report CLK 04-24; and,
     10. that the past practice of requiring Members to Stand while speaking at Council meetings be eliminated.

6.4.3

LS 07-24, Office of the Chief Administrative Officer and Legal and Enforcement Services Department Joint Report

Re: Review of the Role of Mayor and Deputy Mayor under the Municipal Act, 2001

• Recommendation:

  That this Report LS 07-24 be received for information.

6.4.4

LS 06-24, Legal and Enforcement Services Department and Financial Services Department Joint Report

Re: Correcting Transfer to Acquire Parts 2, 3, 4, 5, 9 & 10 on Plan 40R-32247, being all of PIN 26487-0201(LT) from Metrolinx, and Dispose and Transfer Parts 2, 3, 4, 5, 9 & 10 on Plan 40R-32247, being all of PIN 26487-0201 (LT) to The Regional Municipality of Durham 

• Recommendation:
  1. That Part Lot 22, Broken Front Concession, and part of the Road Allowance between Lots 22 and 23, Broken Front Concession, designated as Parts 2, 3, 4, 5, 9 and 10 on Plan 40R-32247, Town of Whitby (being all of PIN 26487-0201 (LT)), as shown in Attachment 2 outlined in green (the “Subject Property”) be acquired from Metrolinx and the Subject Property be declared surplus and conveyed to the Regional Municipality of Durham (the “Region”) subject to the conditions set forth in Legal Services Report 06-24;
  2. That the Clerk bring forward by-laws authorizing the acquisition of the Subject Property from Metrolinx and the disposition of the Subject Property to the Region to the Council Meeting scheduled for May 27, 2024;
  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 and disposition of the Subject Property herein; and,
  4. That the Mayor and Clerk be authorized to execute any and all agreements and documents necessary to complete the acquisition of the Subject Property from Metrolinx and the disposition of the Subject Property to the Region.

6.4.5

FS 19-24, Financial Services Department Report

Re: Revision to Council Expense Policy (G050)

• Recommendation:

  That the revised Council Expense Policy (Policy # G050), Attachments 1 and 2 to Report FS 19-24, be approved.

6.4.6

FS 17-24, Financial Services Department Report

Re: Enhanced Property Tax Payment Options

• Recommendation:
  1. That the Town implement two new property tax pre-authorized payment plans as outlined in Report FS 17-24;
  2. That staff be authorized to adjust the terms & conditions of the Pre-authorized Payment plans as required;
  3. That, despite the two (2) years provided for in the Municipal Act, the Town of Whitby only proceeds to Tax Registration with accounts that are three (3) years in arrears plus the current year;
  4. That the Town initiate a process to search title on a tax roll prior to Tax Registration in the year the account is two (2) years in arrears plus current and notify interested parties of the impending Tax Registration; and,
  5. That the Town’s Fees and Charges By-law be amended to include a “Tax roll sub-search of Title” in the amount of $150.00.

6.5

New and Unfinished Business - General Government

7.

Adjournment