Regular Council Meeting Revised Agenda

Monday, November 27, 2023 at 3:30 P.m. - 9:30 P.m.

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  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 8:30 a.m. on 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, and (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, 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.

---

1.

Call To Order: The Mayor

2.

Call of the Roll: The Clerk

3.

Declarations of Conflict of Interest

4.

Adoption of Minutes

Regular Council - October 2, 2023

Special Council - October 3, 2023

Special Council - October 30, 2023

Special Council - November 6, 2023 (Confidential Minutes Under Separate Cover)

Special Council - November 15, 2023 (Confidential Minutes Under Separate Cover)

• Recommendation:

  That the Regular Council Minutes of October 2, 2023, and the Special Council Minutes of October 3, October 30, November 6, and November 15, 2023 be approved.

5.

Presentations

5.1

Gregory Pereira, Manager, Transportation Planning and Chris Leitch, Principal Planner, Region of Durham (In-Person Attendance)

Re: Durham Meadoway Visioning Study

Refer to Item 7.2, Memorandum from T. Painchaud, Sr. Manager, Transportation Services, dated November 23, 2023 regarding Durham Meadoway Visioning Study

5.2

Jon Franke, Senior Vice President, Pickering Nuclear, Ontario Power Generation (In-Person Attendance)

Re: Ontario Power General Annual Update

6.

Delegations

6.1

Ben Earle, Chief Executive Officer, Feed the Need in Durham (Virtual Attendance)

Re: CAO 28-23, Office of the Chief Administrative Officer Report

Feed the Need Partnership for Market Model Food Bank

Refer to Item 12.1, CAO 28-23

7.

Correspondence

7.1

Correspondence

That the following requests be endorsed:

• Giving Tuesday - November 28, 2023
• Giving Tuesday - Flag Raising - November 28, 2023
• Salvation Army Week - December 18 to 24, 2023; and, 
• Salvation Army Week - Flag Raising - December 18 to 22, 2023

• Recommendation:

  That the proclamations for Giving Tuesday and Salvation Army Week and the flag raisings for Giving Tuesday and Salvation Army Week be endorsed.

7.2

Memorandum from T. Painchaud, Sr. Manager, Transportation Services, dated November 23, 2023 regarding Durham Meadoway Visioning Study

• Recommendation:

  Whereas the Durham Meadoway project, currently led by the Region of Durham, proposes a 35-kilometre active transportation corridor and linear park from Rouge National Urban Park at the Durham/Toronto Boundary to Harmony Road in Oshawa, located partially within the Gatineau transmission corridor and includes lands in the Town of Whitby; and,

  Whereas the Durham Meadoway Visioning Study sets the overall vision and framework for this new active transportation corridor, identifying connections to the surrounding communities and types of experiences, amenities and gateways that can be achieved along the proposed multi-use path; and,

  Whereas the Visioning Study sets the first stage of planning for the Durham Meadoway project, which is an important yet initial step in the process; and,

  Whereas the Region of Durham supports a coordinated approach to advance the Durham Meadoway multi-use path component of the project to construction in the next five to seven years, allowing for the Durham Meadoway to connect end-to-end; and,

  Whereas advancing the design of the Durham Meadoway project has the potential to open up future funding opportunities from federal and provincial levels of government, as well as private or non-profit sources; and,

  Whereas the next stage of planning involves further design work to set a preliminary alignment for the multi-use path and defined locations for nearby amenities and gateways along the route, both within transmission corridor lands as well as other publicly owned lands and rights-of-way; and,

  Whereas the Region of Durham will be seeking funding from local municipalities to pay for their share of the Durham Meadoway Environmental Assessment;

  Now Therefore be it Resolved:

  1. That Whitby Council confirm, in principle, its support for the Durham Meadoway Visioning Study as an initial step in planning for the Durham Meadoway project;
  2. That Whitby Council support the preparation of a Memorandum of Understanding (MOU) between the Town of Whitby and the Region, City of Pickering, Town of Ajax, and City of Oshawa to set the administration, collection of fees and technical guidance for a Municipal Class EA Study to advance planning for the Durham Meadoway by undertaking preliminary design work for the multi-use path, gateways and related amenities; and,
  3. That the final draft MOU and cost sharing agreement for the Municipal Class EA Study be presented to Whitby Council prior to September 1, 2024 for consideration as part of the Town’s 2025 budget.

8.

Committee of the Whole Report - Planning and Development

Planning and Development - November 13, 2023

8.1

PDP 39-23, Planning and Development (Planning Services) Department Report

Re: DEV-20-23: Zoning By-law Amendment Application (Z-05-23), Whitby Taunton Holdings Limited., 4330 Coronation Road

• Recommendation:
  1. That Council approve the amendment to Zoning By-law # 1784, (File No. Z-05-23), as outlined in Planning Report No. PDP 39-23;
  2. That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council; and,
  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.

8.2

PDE 13-23, Planning and Development (Engineering Services) Department Report

Re: Update Traffic By-law 1862-85, Watson Street

• Recommendation:
  1. That Council approve the proposed amendment to Traffic By-law 1862-85, to incorporate the changes to Schedule “B” and Schedule “W” of the By-law, as identified in Attachment No. 2;
  2. That a By-law to amend the Traffic By-law 1862-85 be brought forward for the consideration of Council; and,
  3. That Council direct the Clerk to provide a copy of Report PDE 13-23 to the Durham Regional Police Service (DRPS).

8.3

PDP 42-23, Planning and Development (Planning Services) Department Report

Re: 780 Garden Street – Notice of Intention to Designate a Property under Part IV, Section 29 of the Ontario Heritage Act

• Recommendation:
  1. That a Notice of Intention to Designate the property identified as the Mayfield House, located at 780 Garden Street in Whitby, be published per section 29 (1.1) of the Ontario Heritage Act, R.S.O. 1990 c. O.18, as amended;
  2. That, after the 30-day Objection period has passed per Section 29 (6) of the Ontario Heritage Act, Council consider passing a by-law designating the property under Part IV, Section 29 of the Ontario Heritage Act; and,
  3. That, after the passing of the by-law, if no appeals to the Tribunal are received during the 30-day appeal period per Section 29 (12) of the Ontario Heritage Act, and the designation by-law comes into full force and effect under Part IV of the Ontario Heritage Act, that a commemorative plaque be installed in a form and location to the satisfaction of the Senior Manager, Policy & Heritage Planning, or designate.

9.

Committee of the Whole Report - General Government

General Government - November 13, 2023

9.1

FS 28-23, Financial Services Department Report

Re: Q3, 2023 Procurement Awards $250,000 and above

• Recommendation:

  That Report FS 28-23, which outlines procurement awards $250,000.00 and above for second quarter of 2023, be received as information.

9.2

CLK 07-23, Office of the Town Clerk Department Report

Re: 2026 Municipal Election Voting Method

• Recommendation:
  1. That further to By-law #7241-17 authorizing the use of optical scan vote tabulators for municipal elections in the Town of Whitby, Council hereby reaffirms the use of vote tabulators for the 2026 Municipal Election;
  2. That Council hereby authorizes an alternative voting option of Special Mail-in Ballots for the 2026 Municipal Election and directs the Clerk to bring forward the necessary by-law; and
  3. That the revised cost estimate for the 2026 Municipal Election, in the amount of $710,000, be approved with annual operating budget funding increasing from $160,000 per year to $195,000 starting in 2025.

9.3

Funding for West Whitby Schools

• Recommendation:

  Whereas West Whitby is rapidly growing and is projected to be home to an additional 26,000 residents. Currently, the West Whitby area that borders Highway 412 has no elementary or secondary school; and,

  Whereas students from West Whitby are currently attending nine (9) “holding schools” and 41 portables are being used to accommodate the growth in students from West Whitby; and,

  Whereas student enrollment in Whitby exceeds the capacity to offer quality education in an appropriate learning environment; and,

  Whereas there is currently no capital funding approval for construction of a school in West Whitby, with the Durham District School Board (DDSB) being unsuccessful in securing the funds needed to begin construction over the last two funding cycles despite the Board naming this a priority project; and, 

  Whereas this remains a priority project for the DDSB and for the residents who want their children to be able to attend schools that support their children’s academic success and their sense of connection to the community.

  Now Therefore be it Resolved: 

  1. That the Town of Whitby Council supports the Durham District School Board in its priority request for funding to build schools in West Whitby in order to accommodate the growth in that community and subsequent increase in student enrolments; and,
  2. That a copy of this resolution be shared with the Minister and Deputy Minister of Education and all Durham MPPs to express the urgent need for an elementary school in West Whitby and urging them to provide the capital funding required to begin construction.

10.

For information only - Committee of the Whole Minutes of November 13, 2023

11.

Notice of Motion

12.

New and Unfinished Business (3:30 p.m.)

12.1

CAO 28-23, Office of the Chief Administrative Officer Report

Re: Feed the Need Partnership for Market Model Food Bank

• Recommendation:
  1. That Report CAO 28-23 be received for information; and,
  2. That, pursuant to section 107(2) of the Municipal Act, 2001, Council authorize staff to enter into a lease agreement with Feed the Need to deliver a market model food bank at Iroquois Park Sports Centre upon terms satisfactory to the Director, Strategic Initiatives, and the Commissioners of Financial Services/Treasurer, Community Services and Legal and Enforcement Services/Town Solicitor.

12.2

CMS 09-23, Community Services Department Report

Re: James Rowe House - Food and Beverage RFP

• Recommendation:
  1. That staff be directed to issue a Request for Proposal (RFP) that would lead to the leasing of the Rowe House as a food and beverage space;
  2. That staff enter negotiations with the respondents to the RFP and report back to Council with the results of those negotiations for approval by Council; and,
  3. That a 2023 capital project for “Rowe House Repairs” be established, in the amount of $400,000, funded from the Asset Management Reserve Fund to complete works outlined in Staff Report CMS 09-23.

13.

Closed Session

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 # 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, and (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

13.1

Confidential Memorandum from C. Harris, Director of Legislative Services/Town Clerk, dated November 13, 2023 regarding Recommendation for Appointments to the Accessibility Advisory Committee

13.2

Confidential Memorandum from C. Harris, Director of Legislative Services/Town Clerk dated November 16, 2023 regarding Recommendation for Appointments to the Sustainability Advisory Committee

13.3

Confidential Memorandum from F. Santaguida, Commissioner of Legal and Enforcement Services/Town Solicitor and B. Harasym, Associate Solicitor, dated September 15, 2023 regarding Research and Advice related to an Interim Control By-law

14.

Rising and Reporting

15.

Delegations Re: Correspondence # 2023-593 from E. Baxter-Trahair, CAO, Region of Durham regarding 1635 Dundas Street - Final Agreement (6:00 p.m.)

15.1

Gary Dunsmuir and Russell Leffler, Residents (In-Person Attendance)

15.2

Paul Stekel, Resident (In-Person Attendance)

15.3

Mike Leufkens, Resident (In-Person Attendance)

15.4

Vanessa Snape, Resident (In-Person Attendance)

15.5

Norbert Lee, Resident (Virtual Attendance)

15.6

Ron Coughlan, Resident (In-Person Attendance)

15.7

Wayne Huska, Resident (In-Person Attendance)

15.8

Ema Rose, Resident (In-Person Attendance)

15.9

Travis Tiedge, Resident (In-Person Attendance)

15.10

Teri Cathcart, Resident (In-Person Attendance)

15.11

Jemma Lambert, Oshawa Resident (Virtual Attendance)

15.12

Peter Cohen, Resident (In-Person Attendance)

15.13

Janet Stephenson, Reverend Diane Lee, and Sivana Namasivayam, St. John's Anglican Church - Whitby (In-Person Attendance)

15.14

Deborah Schroeder, Resident (In-Person Attendance)

15.15

Tracey Kelly, Resident (In-Person Attendance)

15.16

Ken Wilson, Resident (In-Person Attendance)

15.17

Denise Boudreau, Oshawa Resident (In-Person Attendance)

15.18

Pratik Sagar, Resident (In-Person Attendance)

15.19

Saad Ashraf, Resident (Virtual Attendance)

15.20

Sandy Hodder, Resident (In-Person Attendance)

15.21

Windhy Susanto, Resident (In-Person Attendance)

15.22

April Alexander, Resident (In-Person Attendance)

16.

New and Unfinished Business (6:00 p.m.)

16.1

Correspondence # 2023-593 from E. Baxter-Trahair, CAO, Region of Durham regarding 1635 Dundas Street - Final Agreement

Council direction required.

Note: Consideration of this matter will occur at or after 6:00 p.m.

17.

By-laws

• Recommendation:

  That leave be granted to introduce By-laws # 8029-23 to # 8030-23 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.

17.1

By-law # 8029-23

Being a By-law to Amend By-law # 1862-85, being a By-law to Regulate Traffic on the Highways and on Certain Private Roadways in the Town of Whitby.

Refer to PDE 13-23, Update Traffic By-law 1862-85, Watson Street

17.2

By-law # 8030-23

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

Refer to PDP 39-23, DEV-20-23: Zoning By-law Amendment Application (Z-05-23), Whitby Taunton Holdings Limited., 4330 Coronation Road

18.

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 November 27, 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.

19.

Adjournment

• Recommendation:

  That the meeting adjourn.