Regular Council Meeting Revised Agenda

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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 [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.

 

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 905.430.4315 to speak with a Staff Member in the Office of the Town Clerk.

 

In accordance with Procedure By-law # 8081-24, 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 - November 4, 2024


Special Council - November 4, 2024 (Confidential Minutes Under Separate Cover)


Special Council - November 18, 2024


Special Council - November 28, 2024

  • Recommendation:

    That the Regular Council Minutes of November 4, 2024 and the Special Council Minutes of November 4, 18, and 28, 2024 be approved.

Re: Top A Provincial Championship Winners

That the following requests be endorsed:

  • Bell Let's Talk Day - Flag Raising - January 22, 2025 *
  • Kawasaki Disease Awareness Day - January 26, 2025
  • Durham Region Hospice Awareness Day - January 29, 2025
  • Durham Region Hospice Awareness Day - Flag Raising - January 27 to 31, 2025
  • Recommendation:

    That the proclamations for Kawasaki Disease Awareness Day and Durham Region Hospice Awareness Day, and the flag raisings for Bell Let's Talk Day and Durham Region Hospice Awareness Day be endorsed.

  • Recommendation:

    That Correspondence # 2024-734 received from Aird & Berlis LLP dated November 22, 2024 regarding Report on Closed Meeting Investigation 2024-01 be received for information.

  • Recommendation:
    1. That Council receive Correspondence # 2024-719 from Mayor Roy, dated December 4, 2024 regarding Appointment of Deputy Mayor 2025 for information; and,
    2. That Council confirm the appointment of Councillor Mulcahy as Deputy Mayor from January 1, 2025 to December 31, 2025. 
  • Recommendation:

    That the Memorandum from C. Harris, Town Clerk dated December 16, 2024 regarding Mayor’s Designates for Boards & Committees: January 1, 2025 to December 31, 2025, be received for information.

Planning and Development - November 25, 2024 and December 2, 2024

Re: Zoning By-law Amendment Application, William Feaver, 7595 Duffs Road, File Number: DEV-22-24 (Z-10-24)

  • Recommendation:
    1. That Council approve an amendment to Zoning By-law # 1784 (File Number: Z-10-24) as outlined in Planning Report PDP 51-24; and,
    2. That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council.

Re: Draft Plan of Subdivision and Zoning By-law Amendment Applications, 1628755 Ontario Limited, 320 & 360 Columbus Road West, File Numbers: DEV-24-22 (SW-2022-05 and Z-16-22)

  • Recommendation:
    1. That Council approve the Draft Plan of Subdivision (File Number: SW-2022-05), subject to the comments included in Report PDP 52-24 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-16-22), and that a Zoning By-law Amendment be brought forward for consideration by Council;
    4. That John G. Williams Limited Architect 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, including the Region of Durham’s Commissioner of Planning and Economic Development.

Re: Official Plan Amendment and Zoning By-law Amendment Applications, Menkes Champlain Inc., Unaddressed Parcel North Side of Stellar Drive, East of Thickson Road South, File Numbers: DEV-18-24 (OPA-2024-W/07, Z-07-24)

  • Recommendation:
    1. That Council approve Amendment Number 141 to the Whitby Official Plan (File Number: OPA-2024-W/07), as shown on Attachment #8, and that a By-law to adopt Official Plan Amendment Number 141 be brought forward for consideration by Council;
    2. That the Clerk forward a copy of Planning Report PDP 53-24, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Amendment Number 141 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development;
    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; and,
    4. That Council approve an amendment to Zoning By-law # 1784, (File Number: Z-07-24), as outlined in Report PDP 53-24.

Re: Draft Plan of Subdivision and Zoning By-law Amendment Applications, CODR Holdings Limited, Unaddressed Property on Coronation Road, File Numbers: DEV-20-24 (SW-2024-02, Z-09-24)

  • Recommendation:
    1. That Council approve a Draft Plan of Subdivision (File Number: SW-2024-02), subject to the comments included in Report PDP 54-24 and the Conditions of Draft Plan Approval included in Attachment #9;
    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 an amendment to Zoning By-law 1784 (File Number: Z-09-24), as outlined in Report PDP 54-24;
    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,
    6. That John G. Williams Limited Architect be appointed as the Control Architect for the Draft Plan of Subdivision.

Re: Town Initiated Official Plan Amendment and Zoning By-law Amendments - Changes to Accessory Apartment (Additional Dwelling Unit) Policies and Regulations, File Numbers: OPA-2024-W/01, Z-02-24

  • Recommendation:
    1. That Council approve Amendment 143 to the Whitby Official Plan to permit up to 3 additional residential dwelling units on ground related residential properties in accordance with Attachment #1 to Report PDP 55-24, and that a by-law to adopt Amendment 143 be brought forward for Council’s consideration;
    2. That the Clerk forward a copy of Report PDP 55-24, two (2) copies of the adopted Amendment, and a copy of the By-law to Adopt Amendment 143 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development;
    3. That Zoning By-law Amendments to implement legislative directives of Bill 108 and Bill 23, as well as Council Resolution # 222-23 with respect to the Federal Housing Accelerator Fund (HAF) to permit up to 3 additional dwelling units on parcels of land occupied by ground related dwelling units as shown on Attachments 2, 3, and 4 to Report PDP 55-24 be brought forward for consideration by Council; and,
    4. That the Clerk forward a Notice of Council’s decision to those parties and agencies, including the Region of Durham’s Commissioner of Planning, that requested to be notified of Council’s decision.

Re: Traffic Calming Guide and Policy Status Update

  • Recommendation:

    That Report PDE 11-24 be received for information.

Re: Heritage Permit Application – Request for Demolition of 114 Keith Street, Designated under Part V of the Ontario Heritage Act; HP-17-24

  • Recommendation:

    That Council approve the Heritage Permit Application requesting demolition of the existing dwelling at 114 Keith Street (HP-17-24), as supported by the Heritage Whitby Advisory Committee, and in accordance with Section 42 of the Ontario Heritage Act.

Re: 780 Garden Street – Designation of a Property under Part IV, Section 29 of the Ontario Heritage Act – Update #2 

  • Recommendation:
    1. That Council mutually agree to the owner’s request for further extension of the 90-day deadline under Section 29(8) of the Ontario Heritage Act and Section 1(2) 1. of Ontario Regulation 385/21, for passing the Part IV Heritage Designation By-law for the portion of the property containing the Mayfield House, located at 780 Garden Street in Whitby; and,
    2. That the extension be in effect until May 31, 2025.

General Government - November 25, 2024 and December 2, 2024

Re: Implementation Plan for Provision of Waste Collection Services to Private Road Developments by 2026

  • Recommendation:
    1. That Report CMS 14-24 be received for information; and,
    2. That Council approve the implementation plan for providing municipal waste collection services at private townhomes and multi-residential locations as outlined in Staff Report CMS 14-24.

Re: Commercial and Industrial Development Charges Calculation Protocol

  • Recommendation:

    That Council approve the use of the proposed protocol for determining applicable commercial and industrial Town of Whitby development charges, as required.

  • Recommendation:

    Whereas municipalities face growing infrastructure needs, including roads, bridges, public transit, water systems, and other critical services, which are essential to community well-being and economic development; and,

    Whereas the current sources of municipal revenue, including property taxes and user fees, are insufficient to meet these increasing demands for infrastructure investment; and,

    Whereas the Province of Ontario currently collects the Land Transfer Tax (LTT) on property transactions in municipalities across the province, generating significant revenue that is not directly shared with municipalities; and,

    Whereas the Federal Government collects the Goods and Services Tax (GST) on property transactions, a portion of which could be directed to municipalities to address local infrastructure needs; and,

    Whereas redistributing a portion of the LTT and GST to municipalities would provide a predictable and sustainable source of funding for local infrastructure projects without creating a new tax burden on residents or homebuyers; and,

    Whereas a redistribution of a portion of the existing LTT and GST would allow municipalities to better plan and invest in long-term infrastructure initiatives, supporting local economic growth and improving the quality of life for residents.

    Now therefore, be it resolved:

    1. That the Council of the Town of Whitby formally requests the Provincial Government to consider redistributing a portion of the Land Transfer Tax collected on property transactions to municipalities; and,
    2. That the Council of the Town of Whitby calls on the Federal Government to allocate a percentage of the Goods and Services Tax collected on property sales to municipalities; and,
    3. That this redistribution of the Land Transfer Tax and Goods and Services Tax should be structured to provide predictable and sustainable funding to municipalities, allowing for better long-term planning and investment in infrastructure projects that benefit local communities, thus ensuring that local governments receive a fair share of the revenue to address critical infrastructure needs; and,
    4. That the Province of Ontario consider AMO’s advocacy focused on the Housing Affordability Task Force recommendations, advocating for long-term and predictable infrastructure funding, and supporting on-going discussions around the importance of the development charge regime in funding housing-enabling infrastructure in many communities; and,
    5. That copies of this resolution be forwarded to Prime Minister Justin Trudeau, Premier Doug Ford, the Ontario Minister of Finance, the Minister of Municipal Affairs and Housing, Durham Region MPs and Durham Region MPPs; and,
    6. That copies of this resolution be forwarded to the local municipalities in Durham Region, the Region of Durham, the Federation of Canadian Municipalities (FCM), and the Association of Municipalities of Ontario (AMO) for their endorsement and advocacy.
  • Recommendation:

    Whereas at a media appearance on October 25, 2024 Premier Ford fielded a question regarding the possibility of reducing or eliminating tolls on Highway 407 as an alternative to constructing a tunnel under Highway 401; and, 

    Whereas in response to the question, Premier Ford indicated that he has requested that the Minister of Transportation review reducing or eliminating tolls on the provincially-owned portion of the highway, being Highway 407 East; and, 

    Whereas Premier Ford further indicated that the Province would do a feasibility study regarding reducing or eliminating tolls on Highway 407 East and that any toll adjustments could be made quickly; and, 

    Whereas the Get It Done Act, 2024 prohibits Ontario from introducing tolls on provincial highways; and,

    Whereas Highway 407 East is the only tolled provincially owned highway in Ontario, resulting in unfair economic impacts to Durham Region residents and businesses; and,

    Whereas the Council of the Town of Whitby has previously advocated for the removal of tolls on Highway 407 East through Resolution # 60-24 adopted at the March 18, 2024 Regular Council Meeting in order to boost economic development, improve travel times, and alleviate traffic impacts in Durham Region.

    Now therefore be it resolved:

    1. That the Council of the Town of Whitby requests that the Province of Ontario reduce or eliminate tolls on Highway 407 East from Brock Road in Pickering to Highway 35/115; and,
    2. That the Mayor be requested on behalf of Council, to author a letter including this motion to the Premier of Ontario, the Minister of Transportation, all Durham Region MPPs, all Durham municipalities, the City of Kawartha Lakes, the Township of Cavan Monaghan, the City of Peterborough, the Ontario Trucking Association, and the Ontario Federation of Agriculture.


See also Memorandum from J. Romano, Commissioner, Community Services dated December 16, 2024 regarding Community Connection Executive Board of Directors Terms of Reference Update #2.

  • Recommendation:
    1. That the memorandum from J. Romano, Commissioner of Community Services, dated December 2, 2024 regarding Community Connection Terms of Reference updates be received for information; and,
    2. That Council approve the revised Community Connection Terms of Reference appended to the memorandum. 

Re: Creative Communities Update

  • Recommendation:

    That Report CAO 23-24, Creative Communities Update, be received for information.

Re: Appointment of Members to the Whitby 55+ Recreation Advisory Committee

  • Recommendation:

    That Council approve and appoint the following members to the Whitby 55+ Recreation Advisory Committee effective January 1, 2025:

    • Sharon Bagatto (term ending December 31, 2026);
    • Jane Hilton (term ending December 31, 2026);
    • Carol James (term ending December 31, 2025);
    • Deborah Nanton (term ending December 31, 2025);
    • Mary Poirier (term ending December 31, 2026);
    • Joanne Smith (term ending December 31, 2026); and, 
    • Lise Watt (term ending December 31, 2026).

Re: 2025 Interim Property Tax Billing

  • Recommendation:

    That a by-law be brought forward to allow for the Interim Tax Billing for the 2025 taxation year as outlined in Report FS 24-24.

Re: Temporary Borrowing By-law

  • Recommendation:

    That a by-law be brought forward to authorize external temporary borrowing of up to $68,925,000 from January 1, 2025, to September 30, 2025, and up to $34,463,000 between October 1, 2025, and December 31, 2025, if required for cash flow purposes.

Re: Proposed Amendment to Policy F 190 – Acquisition, Sale, or Other Disposition of Land Policy to Expedite Housing Projects

Note: This item was referred at Committee.


See also Memorandum from F. Wong, Commissioner, Financial Services/Treasurer dated December 16, 2024 regarding Revised Amendments to Town Policy F 190 Related to the Disposition of Town-owned Property for Residential Development.

  • Recommendation:

    That the amendments to Town Policy F 190 related to the sale or other disposition of land, as outlined in the Memorandum from F. Wong, Commissioner, Financial Services/Treasurer dated December 16, 2024 regarding Revised Amendments to Town Policy F 190 Related to the Disposition of Town-owned Property for Residential Development, be approved.

Re: Proposed Amendments to the Traffic By-law 8059-24, as amended

  • Recommendation:
    1. That Report LS 16-24 be received for information; and,
    2. That a by-law be brought forward to Council on December 16, 2024 to authorize the proposed Traffic By-law amendments substantively as shown in Attachment 1 to this Report LS 16-24.
  • Recommendation:
    1. That Council delegate authority on a temporary basis to the Commissioner of Legal and Enforcement Services/Town Solicitor to approve exemption requests to the Fence By-law beyond a 10% variance; and,
    2. That this delegated authority remain in place until such time as Staff can report back to Council to address questions on allowable exemptions, fees, and the process for considering Fence By-law exemption requests further to the referral at the December 2, 2024 Committee of the Whole meeting.


Moved by: Councillor Bozinovski
Seconded by: Councillor Leahy

  • Recommendation:

    Whereas through Staff Report CMS 10-24, re Gateway Maintenance Program, Council considered options for the Town to maintain gateway features, columns or iron fences and elected to continue with the status quo to not maintain gateway features, columns or iron fencing located on regional or private property; and,

    Whereas there is the opportunity to establish a grant program whereby the Town could offset the costs associated with homeowners removing gateway and masonry features and columns located on private property;

    Now therefore be it resolved:

    1. That Staff be directed to report back on the opportunity for a grant program for homeowners to offset their costs of removing gateway and masonry features and columns located on private property prior to the introduction of the 2026 Strong Mayor Budget; and,
    2. That the Clerk be directed to send correspondence to the Regional Municipality of Durham requesting that Regional Council consider a program for the maintenance of masonry features and columns located on Regional property. 

13.

 
  • Recommendation:

    That leave be granted to introduce By-laws # 8127-24 to # 8143-24 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 amend the Fees and Charges By-law # 7220-17, as amended.


Refer to Town of Whitby Mayoral Decision # 02-2024 regarding the 2025 to 2027 Strong Mayor’s Budget. In accordance with subsection 7(14) of Ontario Regulation 530/22, the 2025 to 2027 Strong Mayor’s Budget was deemed adopted by The Corporation of the Town of Whitby effective November 29, 2024.

Being a By-law to provide for an interim tax levy for the year 2025.


Refer to FS 24-24, 2025 Interim Property Tax Billing

Being a By-law to Authorize the temporary borrowing of an amount not to exceed $68,925,000 from January 1 to September 30, 2025, and $34,463,000 from October 1 to December 31, 2025, to meet current expenditures of The Corporation of the Town of Whitby (the Town) for the year, until taxes are collected, and other revenues received.


Refer to FS 26-24, Temporary Borrowing By-law

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


Refer to PDP 51-24, DEV-22-24: Zoning By-law Amendment Application, William Feaver, 7595 Duffs Road, File No. Z-10-24

Being a By-law to appoint Kathryn Douglas as a Deputy Clerk.

Being a By-law to designate certain portions of a registered Plan of Subdivision (SW-2019-01) as not being subject of Part Lot Control.

Being a By-law to amend By-law # 2585, as amended, being the Zoning By-law of the Town of Whitby.


Refer to PDP 49-24, DEV-19-24: Zoning By-law Amendment Application, Brookfield Residential (Ontario) Brock St Limited, 1615 Brock Street South, File No. Z-08-24

Being a By-law to dedicate Parts 1 and 2 on Plan 40R-32594, as a Public Highway (Gathering Place).

Being a By-law to authorize the disposition and conveyance of approximately 0.637 acres of land being the westerly portion of the property municipally known as 150 Winchester Road West, legally described as part of Block 232, Plan 40M-1966, subject to an easement over Part 10, Plan 40R-19041 as in LT902785, being part of PIN 26572-0369(LT), Town of Whitby, Regional Municipality of Durham (the “Lands”) to Elexicon Energy Inc. in accordance with Section 18 of the License Agreement, as may be amended.


Refer to FS 40-24, 150 Winchester Road West - Public Engagement on Surplus Land Declaration

Being a By-law to adopt Amendment Number #140 to the Official Plan of the Town of Whitby.


Refer to PDP 50-24, Official Plan Amendment, Draft Plan of Subdivision and Zoning By-law Amendment, Nordeagle Development Ltd., vacant lands north of Victoria Street West, between Montecorte Street and Jim Flaherty Street. File # DEV-03-18 (OPA-2018-W/02, SW-2018-01, Z-08-18)

Being a By-law to amend By-law #2585, as amended, being the Zoning By-law of the Town of Whitby.


Refer to PDP 50-24, Official Plan Amendment, Draft Plan of Subdivision and Zoning By-law Amendment, Nordeagle Development Ltd., vacant lands north of Victoria Street West, between Montecorte Street and Jim Flaherty Street. File # DEV-03-18 (OPA-2018-W/02, SW-2018-01, Z-08-18)

Being a By-law to adopt Amendment Number 143 to the Official Plan of the Town of Whitby.


Refer to PDP 55-24, Town Initiated Official Plan Amendment and Zoning By-law Amendments – Changes to Accessory Apartment (Additional Dwelling Unit) Policies and Regulations (File: OPA-2024-W/01; Z-02-24)

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.

Being a By-law to amend Traffic By-law # 8059-24, as amended, being a By-law to Regulate Traffic and Parking on the Highways, Private and Municipal property within the Town of Whitby.


Refer to LS 16-24, Proposed Amendments to the Traffic By-law 8059-24, as amended

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


Refer to PDP 55-24, Town Initiated Official Plan Amendment and Zoning By-law Amendments – Changes to Accessory Apartment (Additional Dwelling Unit) Policies and Regulations (File: OPA-2024-W/01; Z-02-24)

Being a By-law to amend By-law # 2585, as amended, being the Zoning By-law for the Town of Whitby.


Refer to PDP 55-24, Town Initiated Official Plan Amendment and Zoning By-law Amendments – Changes to Accessory Apartment (Additional Dwelling Unit) Policies and Regulations (File: OPA-2024-W/01; Z-02-24)

Being a By-law to amend By-law # 5581-05, as amended, being the Zoning By-law for the Town of Whitby.


Refer to PDP 55-24, Town Initiated Official Plan Amendment and Zoning By-law Amendments – Changes to Accessory Apartment (Additional Dwelling Unit) Policies and Regulations (File: OPA-2024-W/01; Z-02-24)

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

  • Recommendation:

    That Council move in-camera in accordance with Procedure By-law # 8081-24, 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.

14.1
Confidential Memorandum from H. Ellis, Council and Committee Coordinator dated December 16, 2024 regarding Recommendation for Renewal of Appointment and Appointments to the Accessibility Advisory Committee

 

14.2
Confidential Memorandum from H. Ellis, Council and Committee Coordinator dated December 16, 2024 regarding Recommendation for Appointment to the Whitby Sustainability Advisory Committee

 

14.3
Confidential Memorandum from H. Ellis, Council and Committee Coordinator dated December 16, 2024 regarding Recommendation for Appointments to the Road Watch Committee

 

14.4
Confidential Memorandum from H. Ellis, Council and Committee Coordinator dated December 16, 2024 regarding Recommendation for Appointments to the Spencer Community Centre Board of Directors

 

14.5
Confidential Memorandum from H. Ellis, Council and Committee Coordinator dated December 16, 2024 regarding Recommendation for Appointments to the Community Connection Executive 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 December 16, 2024 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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