Regular Council Meeting Revised Agenda

Monday, June 24, 2024 at 5:30 P.m. - 10:30 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 905.430.4315 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)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. 

 

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.

Adoption of Minutes

Regular Council - May 27, 2024

Special Council - May 27, 2024 (Confidential Minutes Under Separate Cover)

Special Council - May 29, 2024

Special Council - June 3, 2024

Special Council - June 10, 2024 (Confidential Minutes Under Separate Cover)

• Recommendation:

  That the Regular Council Minutes of May 27, 2024 and the Special Council Minutes of May 27, May 29, June 3, and June 10, 2024 be approved.

5.

Presentations

5.1

Communications and Creative Services Division

Recognition: 2024 Canadian Public Relations Society (CPRS) National and Toronto Chapter Awards of Excellence relating to the Whitby Community Strategic Plan

• Best Integrated Communications Plan (Gold)
• Best Publication (Gold)
• Government Relations/Public Affairs Campaign of the Year (Silver)

5.2

Eva Reti, Board Chair, Hospice Whitby - Roger Anderson House (In-Person Attendance)

Re: Hospice Whitby - Roger Anderson House Project Tender and Design Update

6.

Delegations

6.1

Ene Underwood, CEO, Habitat for Humanity GTA (In-Person Attendance)

Re: FS 09-24, Financial Services Department Report
Declare Surplus – Town-owned Lands, at Hickory and Colborne, and at Dunlop and Hickory Street South, for the Purpose of Conveyance to Habitat for Humanity Greater Toronto Area

Refer to Item 12.3, FS 09-24 

7.

Correspondence

7.1

Correspondence

That the following request be endorsed:

• National Coaches Week - September 16 to 24, 2024

• Recommendation:

  That the proclamation for National Coaches Week be endorsed.

8.

Committee of the Whole Report - Planning and Development

Planning and Development - June 3 and June 10, 2024

8.1

PDP 25-24, Planning and Development (Planning Services) Department Report

Re: Review of the Municipal Heritage Register

See also Memorandum from E. Belsey, Senior Manager of Policy & Heritage Planning, dated June 21, 2024 regarding Homeowner Protection Act (Bill 200); Review of the Municipal Heritage Register 

• Recommendation:
  1. That:
     1. Council authorize staff to undertake Cultural Heritage Evaluation Reports and issue Notices of Intention to Designate under Section 29 of the Ontario Heritage Act, for properties that LHC Heritage Planning & Archaeology Inc. has recommended as priority candidate properties for designation, where the owner is amenable to designation; and,
     2. 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 properties referred to in Recommendation 1(a), under Part IV, Section 29 of the Ontario Heritage Act;
  2. That:
     1. Council authorize staff to undertake a Cultural Heritage Evaluation Report, for properties that LHC Heritage Planning & Archaeology Inc. has recommended as priority candidate properties for designation, where staff remain in discussions with the owner, or the owner has not yet responded, and the property meets three or more criteria for designation Ontario Regulation 9/06;
     2. pending the outcome of the Cultural Heritage Evaluation Reports and further discussions with the owners for properties referred to in Recommendation 2(a), staff report back to Council for a decision to authorize staff to issue Notices of Intention to Designate under Section 29 of the Ontario Heritage Act;
  3. That as it relates to the Municipal Heritage Register Review, and where formal opposition has been submitted by the property owner, that Staff do not advance those properties for designation at this time.
  4. That, subject to Council approving Recommendation #2 in Staff Report PDP 25-24, capital project # 81237201 - Designations for Municipal Heritage Register be increased by $45,000 (from $60,000 to $105,000), funded from the Long-Term Finance Reserve, to undertake Cultural Heritage Evaluation Reports for the respective properties; and,
  5. That Council authorize the immediate removal of all remaining properties from the Municipal Heritage Register prior to December 31, 2024, save and except those that are the subject of on-going development applications, so that they are not subject to a five-year moratorium under Bill 23, the More Homes Built Faster Act (2022), and so that they can be further researched and brought forward for Council’s consideration for designation at a later date, where appropriate.

8.2

PDP 26-24, Planning and Development (Planning Services) Department Report

Re: 300 High Street – Notice of Intention to Designate Property Under Part IV, Section 29 of the Ontario Heritage Act

• Recommendation:
  1. That Council authorize staff to issue a Notice of Intention to Designate for the property identified as the Ontario County House of Refuge, located at 300 High Street in Whitby, to 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;
  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 Commissioner of Planning and Development or designate;
  4. That Council mutually agree to the owner’s request for an extension of the 90-day deadline under Section 29(8) of the Ontario Heritage Act and Section 2(1) 1. of Ontario Regulation 385/21, for passing the Part IV Heritage Designation By-law for the portion of the property containing the Ontario County House of Refuge, located at 300 High Street in Whitby; and,
  5. That the extension outlined in Recommendation 4 be in effect until May 31, 2025.

8.3

PDP 28-24, Planning and Development (Planning Services) Department Report 

Re: Official Plan Amendment, Draft Plan of Subdivision, and Zoning By-law Amendment Applications, Tribute (Charles Street) Limited, 1636 Charles Street, File Numbers: DEV-07-24 (OPA-2024-W/02, SW-2024-01, and Z-03-24)

• Recommendation:
  1. That Council approve Official Plan Amendment Number 137 to the Whitby Official Plan (OPA-2024-W/02), as shown on Attachment #15, and that a By-law to adopt Official Plan Amendment Number 137 be brought forward for consideration by Council;
  2. That the Clerk forward a copy of Report PDP 28-24, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Amendment Number 137 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development;
  3. That Council approve the Draft Plan of Subdivision (File Number: SW-2024- 01), subject to the comments included in Report PDP 28-24 and the conditions of draft plan approval included in Attachment #19, save and except that the Subdivider will covey land totaling approximately 2,400 square metres in full satisfaction of any requirements to convey land for park or other public recreational purposes in accordance with the Planning Act. The parcel(s) of land may be encumbered and may be conveyed following registration of the plan of subdivision but no later than prior to registration of the final plan of condominium.
  4. That Staff be authorized to prepare a Subdivision Agreement;
  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;
  6. That Council approve the amendment to Zoning By-law # 2585, (File Number: Z-03-24), as outlined in Report PDP 28-24; and,
  7. That a by-law to amend Zoning By-law # 2585 be brought forward for consideration by Council once site plan approval has been issued.

8.4

PDP 29-24, Planning and Development (Planning Services) Department Report

Re: Temporary Zoning By-law Amendment, Nordeagle Developments Ltd., File Number: DEV-10-24 (Z-06-24)

• Recommendation:
  1. That Council approve an amendment to Zoning By-law # 2585 (Z-06-24) as outlined in Report PDP 29-24; and,
  2. That a Temporary Zoning By-law Amendment be brought forward for consideration by Council.

8.5

PDP 30-24, Planning and Development (Planning Services) Department Report

Re: Draft Plan of Condominium Application, Brookfield Residential (Ontario) Station No.3 Limited, 201 Brock Street South, File Number: DEV-12-24 (CW-2024-03)

• Recommendation:
  1. That Council approve the Draft Plan of Condominium (File Number: CW-2024-03) subject to the comments included in Report PDP 30-24 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.

8.6

PDP 31-24, Planning and Development (Planning Services) Department Report

Re: Draft Plan of Subdivision and Zoning By-law Amendment Applications, Brooklin (AD) Limited Partnership, 7362 and 7432 Ashburn Road, File Numbers: DEV-31-21 (SW-2021-12, Z-21-21) 

• Recommendation:
  1. That Council approve the Draft Plan of Subdivision (File Number: SW-2021-12), subject to the comments included in Report PDP 31-24 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-21-21), and that a Zoning By-law Amendment be brought forward for consideration by Council;
  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, including the Region of Durham’s Commissioner of Planning and Economic Development.

8.7

PDP 33-24, Planning and Development (Planning Services) Department Report

Re: Official Plan Amendment and Zoning By-law Amendment Applications, The DK Royal Stars Group Inc., Des Newman Boulevard and Woodrow Court, File Numbers: DEV-09-24 (OPA-2024-W/03, Z-05-24)

• Recommendation:
  1. That Council approve Amendment Number 136 to the Whitby Official Plan (File Number: OPA-2024-W/03), as shown on Attachment # 8, and that a By-law to adopt Official Plan Amendment Number 136 be brought forward for consideration by Council;
  2. That the Clerk forward a copy of Report PDP 33-24, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Amendment Number 136 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development;
  3. That Council approve an amendment to Zoning By-law # 1784, (File Number: Z-05-24), as outlined in Report PDP 33-24; and,
  4. 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.

8.8

PDE 04-24, Planning and Development (Engineering Services) Department Report

Re: St Thomas Street at Winchester Road Signalization Consideration

• Recommendation:
  1. That Council approve traffic signalization of St Thomas Street at Winchester Road, and direct staff to include up to $150,000 in the property tax-funded 2025 capital budget, per the memorandum from T. Painchaud, Sr. Manager, Transportation Services, dated June 10, 2024 regarding the reduced cost of the traffic signal at St Thomas and Winchester Road, as a pre-approved budget item, considering the Region’s requirements for unwarranted traffic control signals;
  2. That the operating and maintenance costs related to the signal, in the annual amount of $8,000, be included in the property tax-funded operating budget, beginning in 2026; and,
  3. That Report PDE 04-24 be provided to the Regional Municipality of Durham.

8.9

PDP 34-24, Planning and Development (Planning Services) Department Report

Re: Zoning By-law Amendment Application, The Baird Team Royal Lepage Baird Real Estate, 55 Garrard Road and Block 33 on Plan 40M-1315, File Number: DEV-08-24 (Z-04-24)

• Recommendation:
  1. That Council approve an amendment to Zoning By-law # 1784 (Z-04-24) as outlined in Report PDP 34-24; and,
  2. That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council.

8.10

PDE 03-24, Planning and Development (Engineering Services) Department Report

Re: Mid-Block Arterial (Phase 2) – Single Source Award Report

• Recommendation:
  1. That Council authorize staff to move forward with the detail design for Phase 2 of the Mid-Block Arterial (MBA) project, as outlined in Report No. PDE 03-24;
  2. That Council authorize the single source award to CIMA+ as the engineering consultant to complete the detail design for Phase 2 of the MBA project in the amount of $899,560 funded from capital project 40236054; and,
  3. That Council authorize the single source award to GHD as the technical reviewer to complete Phase 2 of the MBA project in the amount of $189,298 funded from capital project 40236054.

8.11

PDE 05-24, Planning and Development (Engineering Services) Department Report

Re: Update Traffic By-law - No Parking on Hunter Street

Note: This item was deferred at the Committee of the Whole meeting on June 10, 2024 to a future meeting to allow Town Staff and affected residents an opportunity to meet and review.

8.12

PDE 06-24, Planning and Development (Engineering Services) Department Report

Re: Garden Street On-Street Parking Consideration

Note: This item was deferred at the Committee of the Whole meeting on June 10, 2024 to a future meeting to allow Town Staff and affected residents an opportunity to meet and review.

8.13

PDE 07-24, Planning and Development (Engineering Services) Department Report

Re: Update to Traffic By-law 8059-24 - Stop Control

• Recommendation:
  1. That Council approve the proposed amendment to the Traffic By-law 8059-24 to incorporate changes to Schedule “N” of the By-law, as identified in Attachment 1;
  2. That a by-law to amend By-law 8059-24 be brought forward for the consideration of Council; and,
  3. That Item P&D-0018 be removed from the New and Unfinished Business list.

8.14

PDE 08-24, Planning and Development (Engineering Services) Department and Financial Services Department Joint Report

Re: Mid-Block Arterial – Phase 3 (Anderson Road to Thornton Road) – Detailed Design

• Recommendation:
  1. That a new 2024 Capital Budget, in the amount of $2,250,000 for the Mid-Block Arterial – Phase 3 Detailed Design, be approved and funded $25,780 from the Growth Capital Reserve Fund, and $2,224,220 from the Development Charges Roads and Related Town-wide Infrastructure Reserve Fund;
  2. That the Anderson Conlin Development Consortium (ACDC) be authorized to proceed with the Mid-Block Arterial Phase 3 Design work based on a commitment that the Town intends to negotiate a reimbursement agreement for the $2,140,000 of detailed design works;
  3. That Council provide the Chief Administrative Officer and Commissioner of Planning and Development delegated authority to enter into a reimbursement agreement with the ACDC for the Mid-Block Arterial Phase 3 Detailed Design works based on the principles outlined in Report PDE 08-24 and subject to terms satisfactory to the Commissioners of Financial Services/Treasurer and Legal and Enforcement Services/Town Solicitor;
  4. That no ACDC reimbursements payments are processed by the Town until the reimbursement agreement with the ACDC for the Mid-Block Arterial Phase 3 Detailed Design works is fully executed; and,
  5. That staff commence negotiations with ACDC for a future development charge credit and/or reimbursement agreement for the construction of Mid-Block Arterial based on the principles outlined in Report PDE 08-24.

9.

Committee of the Whole Report - General Government

General Government - June 3 and June 10, 2024

9.1

Memorandum from C. Chrus, Manager, Creative Communities, dated May 10, 2024 re: 2024 Roebuck Street Road Mural

• Recommendation:

  That the Memorandum from C. Chrus, Manager, Creative Communities, dated May 10, 2024 re: 2024 Roebuck Street Road Mural be received for information.

9.2

CMS 08-24, Community Services Department Report

Re: Update to the Ice Allocation Policy

• Recommendation:

  That Council approve the proposed amendments to the Ice Allocation Policy, Policy Number MS 010, Attachment 2 of Report CMS 08-24.

9.3

CMS 09-24, Community Services Department Report

Re: Accessibility Plan

• Recommendation:
  1. That Council receive this report as information;
  2. That Council adopt the Town’s Accessibility Plan 2023-2026 as attached; and,
  3. That a copy of the Accessibility Plan 2023-2026 be posted on the Town’s website with alternate formats available upon request.

9.4

FS 11-24, Financial Services Department Report

Re: Building Permit Fees Annual Financial Report 2023

• Recommendation:

  That Report FS 11-24 on Building Permit Fees Annual Financial Report 2023 be received as information.

9.5

FS 15-24, Financial Services Department Report

Re: 2023 Year End Operating Budget Variances and Reserve Funds

• Recommendation:
  1. That Report FS 15-24 regarding 2023 Year End Operating Variances and Reserve Funds be received;
  2. That notwithstanding the Disposition of Operating Surplus Policy F 010, the full amount of the 2023 operating surplus, in the amount of $80,157 be transferred to the Long-Term Finance Reserve; and,
  3. That $100,000 be drawn from the Long-Term Finance Reserve in 2024 to fund an additional one-time payment towards the Town of Whitby’s $250,000 commitment to the Charles H. Best Diabetes Centre’s capital campaign.

9.6

FS 16-24, Financial Services Department Report

Re: Annual Statement of Development Charge and Parkland Dedication Cash-in-Lieu Reserve Funds as of December 31, 2023

• Recommendation:

  That Report FS 16-24, the Annual Statement of Development Charge and Parkland Dedication Cash-in-Lieu Reserve Funds as of December 31, 2023, be received for information.

9.7

FS 18-24, Financial Services Department Report

Re: Annual Insured Claims Report

• Recommendation:

  That Report FS 18-24 regarding Annual Insured Claims be received as information.

9.8

FS 21-24, Financial Services Department Report

Re: 2025 Budget Schedule and Engagement

See also Memorandum from F. Santaguida, Commissioner of Legal and Enforcement Services/ Town Solicitor and B. Harasym, Associate Solicitor, dated June 21, 2024 regarding Strong Mayor Powers and Multi-Year Budgets

Note: Consideration of this matter was deferred from the Committee of the Whole meeting on June 10, 2024 to the Council meeting on June 24, 2024. Council direction required.

• Recommendation:
  1. That the 2025 to 2027 Multi-year Budget Process, (including incorporation of a budget process under Strong Mayor Powers), Communication and Public Engagement Plan and Budget Calendar outlined in Staff Report FS 21-24 be approved; and,
  2. That the reduced timelines, as outlined in Report FS 21-24, for budget amendments and vetoes to the 2025 to 2027 Multi-year budget be approved.

9.9

FS 29-24, Financial Services Department Report

Re: Update on Property Tax Assessment Appeals and Adjustments

• Recommendation:

  That Report FS 29-24 be received as information.

9.10

FS 31-24, Financial Services Department Report

Re: Town of Whitby Municipal Asset Management Plan Update

• Recommendation:
  1. That Council endorse the Town’s 2024 Municipal Asset Management Plan which highlights the Community and Technical Levels of Service for all service areas (Facilities, Fire Equipment, Fleet, Library Resources, Parks, Roads Right-of-Way, and Technology & Innovation Services) as attached to Report FS 31-24;
  2. That Council endorse the following recommendations as highlighted in Section 6 the Town’s 2024 Municipal Asset Management Plan:
     1. Refine existing levels of service for all other assets and propose sustainable levels of service for all service areas to be approved by Council by July 1, 2025;
     2. Undertake community engagement surveys and public information sessions, to inform future asset management plans on Whitby residents’ desired Levels of Service for municipal assets;
     3. Assess and evaluate existing maintenance and repair activities and capture these in the Asset Management database in order to get a complete picture of future financial requirements;
     4. Review consequence of failure ratings regularly;
     5. Assess the costs of Climate Change resilience and the associated risks to assets;
     6. Propose Climate Change adaptation and mitigation measures for all Service Areas; and,
  3. That Staff continuously refine lifecycle treatments to ensure assets are being maintained as cost efficiently as possible.

9.11

CAO 10-24, Office of the Chief Administrative Officer Report

Re: Council Remuneration Market Review

• Recommendation:

  That Council receive Report CAO-10-24, Council Remuneration Market Review for information.

9.12

CAO 11-24, Office of the Chief Administrative Officer Report

Re: 2024 Workforce Plan Review

• Recommendation:

  That Council receive Report CAO-11-23 2024 Workforce Plan Review for information.

9.13

CAO 12-24, Office of the Chief Administrative Officer and Community Services Department Joint Report

Re: The IDEA Project - Journey to Inclusivity Status Update 2024

• Recommendation:

  That Council receive Report CAO-12-24 The IDEA Project, Journey to Inclusivity Status Update 2024 for information.

9.14

CAO 16-24, Office of the Chief Administrative Officer and Financial Services Department Joint Report

Re: 2023 Annual Sustainability and Climate Change Report

• Recommendation:
  1. That Report CAO 16-24 be received as information;
  2. That the Clerk’s office forward a copy of Staff Report CAO 16-24 to the Region of Durham’s Sustainability Department; and,
  3. That Schedule S of the Fees and Charges By-law 7220-17, as amended, be further amended to include the new Level 3 Electric Vehicle Charging Station Fees as outlined in Report CAO 16-24.

9.15

FES 02-24, Fire and Emergency Services Department Report

Re: Updates – Emergency Response Automatic Aid Agreement with Ajax Fire & Emergency Services

• Recommendation:
  1. That the updated by-law regarding the execution of an Automatic Aid Agreement with the Town of Ajax be presented to Council for approval; and,
  2. That the attached agreement (ATT-1) between Ajax Fire & Emergency Services and Whitby Fire & Emergency Services be approved, effective June 19, 2024.

9.16

FES 03-24, Whitby Fire and Emergency Services Department Report

Re: Whitby Fire & Emergency Services – 2022 & 2023 Annual Report

• Recommendation:

  That Council receives, for information, and reviews Whitby Fire & Emergency Services (WFES) annual report for 2022 and 2023.

9.17

Provincial regulations needed to restrict keeping of non-native (“exotic”) wild animals

• Recommendation:

  Whereas Ontario has more private non-native (“exotic”) wild animal keepers, roadside zoos, mobile zoos, wildlife exhibits and other captive wildlife operations than any other province; and,

  Whereas the Province of Ontario has of yet not developed regulations to prohibit or restrict animal possession, breeding, or use of non-native (“exotic”) wild animals in captivity; and,

  Whereas non-native (“exotic”) wild animals can pose very serious human health and safety risks, and attacks causing human injury and death have occurred in the province; and,

  Whereas the keeping of non-native (“exotic”) wild animals can cause poor animal welfare and suffering, and poses risks to local environments and wildlife; and,

  Whereas owners of non-native (“exotic”) wild animals can move from one community to another even after their operations have been shut down due to animal welfare or public health and safety concerns; and,

  Whereas municipalities have struggled, often for months or years, to deal with nonnative (“exotic”) wild animal issues and have experienced substantive regulatory, administrative, enforcement and financial challenges; and,

  Whereas the Association of Municipalities of Ontario (AMO), the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) and the Municipal Law Enforcement Officers' Association (MLEOA) have indicated their support for World Animal Protection’s campaign for provincial regulations of non-native (“exotic”) wild animals and roadside zoos in letters to the Ontario Solicitor General and Ontario Minister for Natural Resources and Forestry.

  Now Therefore, be it Resolved:

  1. That the Town of Whitby hereby petitions the provincial government to implement provincial regulations to restrict the possession, breeding, and use of non-native (“exotic”) wild animals and license zoos in order to guarantee the fair and consistent application of policy throughout Ontario for the safety of Ontario’s citizens and the non-native (“exotic”) wild animal population; and,
  2. That this resolution will be forwarded to the Premier of Ontario, Ontario Solicitor General, Ontario Minister for Natural Resources and Forestry, Region of Durham MPPs, all Durham Region municipalities, AMO, AMCTO, and MLEOA.

10.

For information only - Committee of the Whole Minutes of June 3 and June 10, 2024

11.

Notice of Motion

11.1

Waiving of Celebration Square Rental Fee in Support of the 2024 Beer Fest Event

Moved by Councillor Lundquist

Seconded by Mayor Roy

• Recommendation:

  That Council support the 2024 Beer Fest Event hosted by the Whitby Chamber of Commerce by waiving fee CS-59 - Celebration Square Rental Fee, Whitby Commercial Day Fee found in Schedule G to Fees and Charges By-law # 7220-17, as amended, in the amount of $1,775.67 for the three-day event ($591.89/day).

12.

New and Unfinished Business

12.1

CLK 05-24, Office of the Town Clerk Report

Re: Policy Framework Review

Note: Consideration of this matter was deferred from the Committee of the Whole meeting on June 3, 2024 due to the meeting adjourning in accordance with Section 11.44 of Procedure By-law # 8081-24. Council direction required. 

• Recommendation:
  1. That the revised Standards for Town Policies and Procedures Policy appended as Attachment 1 to this report be approved;
  2. That the Chief Administrative Officer be granted the delegated authority to approve Accessibility, Corporate Administration, Facility Management and Operational Services, Human Resources, and Technology policies as detailed in the Standards for Town Policies and Procedures Policy; and,
  3. That the policies listed for repeal in Section 4.2 of this report be repealed.

12.2

CLK 06-24, Office of the Town Clerk and Legal and Enforcement Services Department Joint Report

Re: Deputy Mayor Appointment and Responsibilities Policy

Note: Consideration of this matter was deferred from the Committee of the Whole meeting on June 3, 2024 due to the meeting adjourning in accordance with Section 11.44 of Procedure By-law # 8081-24. Council direction required. 

• Recommendation:

  That Council adopt the Deputy Mayor Appointment and Responsibilities Policy appended to Report CLK 06-24 as Attachment 1.

12.3

FS 09-24, Financial Services Department, Planning and Development (Planning Services) Department, and Legal and Enforcement Services Department Joint Report

Re: Declare Surplus – Town-owned Lands, at Hickory and Colborne, and at Dunlop and Hickory Street South, for the Purpose of Conveyance to Habitat for Humanity Greater Toronto Area

• Recommendation:
  1. That a portion of the land legally described as Part of Lot 16 and Lot 32, 2^nd Double Range Plan H-50031; Part Lot 26, Concession 1 Part 6 , Plan 40R-5160, Town of Whitby, being a portion of PIN26503-0129 (LT), (“Hickory Property”) located at Hickory Street and Colborne Street, as shown on Attachment #1 in Report FS 09-24 the precise area of which shall be identified on a new reference plan to the satisfaction of the Commissioners of Financial Services/Treasurer and Legal and Enforcement Services/Town Solicitor, be declared surplus for the purpose of conveyance to Habitat for Humanity Greater Toronto Area or its associated company (“Habitat”);
  2. That a portion of the land legally described as FIRSTLY: Lot 32, 3^rd Double Range Plan H50031; SECONDLY: Part of Lots 15, 16, 31 and 33 ft reserve, 3^rd Double Range Plan H50031, being Parts 1, 2, 3, and 4 on Plan 40R-29992; THIRDLY: Part of Lot 25, Concession 1, being Part 5, on Plan 40R-29992; Town of Whitby, being a portion of PIN: 26503-0273 (LT), (“Dunlop Property”) located at Dunlop and Hickory Street South, as shown on Attachment #2 in report FS 09-24 the precise area of which shall be identified on a new reference plan to the satisfaction of the Commissioners of Financial Services/Treasurer and Legal and Enforcement Services/Town Solicitor, be declared surplus for the purpose of conveyance to Habitat;
  3. That the requirement to 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 disposition of the Hickory Property and the Dunlop Property reasons outlined in report FS 09-24;
  4. That the Town provide Habitat a discount from the combined fair market value of the Hickory Property and Dunlop Property, as adjusted based on the new reference plans, to be treated as a forgivable loan as outlined in report FS 09-24;
  5. That the Town’s discount on the fair market value of the Hickory Property and Dunlop Property result in a final purchase price of $3.0 million;
  6. That, notwithstanding Town of Whitby Policy F-190, the Hickory Property and Dunlop Property shall be sold to Habitat at $3.0 million, which is below fair market value;
  7. That the Town provides a grant to Habitat, in the amount of $3.0 million to be funded from the Federal Housing Accelerator Fund grant, for the purchase of the Hickory Property and Dunlop Property;
  8. That, in lieu of a two-cheque exchange at the closing of the land transaction, the Town shall transfer the $3.0 million from the Housing Accelerator Fund grant to the Town’s Land Sale Reserve Fund to reflect the full proceeds from the sale of both the Hickory Property and the Dunlop Property;
  9. That the Mayor and Clerk be authorized to sign an Agreement of Purchase and Sale and the Affordable Ownership Contribution Agreement between the Town and Habitat substantially based on the principles outlined in report FS 09-24 and subject to the satisfaction of the Commissioner of Legal and Enforcement Services/Town Solicitor, Commissioner of Planning and Development, and Commissioner of Financial Services/Treasurer;
  10. That if the Agreement of Purchase and Sale and Affordable Ownership Contribution Agreement cannot be executed by August 15, 2024, staff be authorized to negotiate with other interested developers for affordable housing development on the properties;
  11. That Staff be provided delegated authority to send Habitat clearance letters on a per unit basis as requested to release the Town’s Section 118 Restrictions as registered on title to each of the Hickory Property and Dunlop Property subject to the proposed unit sale meeting the required Affordable Housing definition as outlined in report FS 09-24;
  12. That a by-law be brought forward to authorize the conveyance of the Hickory Property and Dunlop Property to Habitat for Humanity Greater Toronto Area, or its associated company, subject to the concurrence of the Commissioner of Legal and Enforcement Services/Town Solicitor and Commissioner of Financial Services/Treasurer; and,
  13. That Item GG-0030, related to Habitat’s expression of interest to proceed with an affordable housing development at the Hickory Property and Dunlop Property, be removed from the New and Unfinished Business listing.

12.4

LS 10-24, Legal and Enforcement Services Department Report

Re: 5345 Thickson Road North Expropriation – Ontario Land Tribunal Report regarding a Hearing of Necessity

• Recommendation:
  1. That Council receive and consider the Report of the Ontario Land Tribunal dated May 17, 2024, and included as Attachment 2 of this Report LS 10-24, related to a Hearing of Necessity for the Town’s expropriation of the property municipally known as 5345 Thickson Road North;
  2. That Council approve the expropriation of the following property, as approving authority in accordance with the Expropriations Act, R.S.O. 1990, c E. 26, as amended, for the Mid-Block Arterial Roadway Project:
     1. The property municipally known as 5345 THICKSON ROAD NORTH, WHITBY, ONTARIO and legally described as PART LOT 20, CONCESSION 5, TOWNSHIP OF WHITBY, PART ROAD ALLOWANCE BETWEEN LOTS 20 AND 21, CONCESSION 5, TOWNSHIP OF WHITBY AS IN D76143, SAVE AND EXCEPT PARTS 3 & 4 ON PLAN 40R-26759, S/T INTERESTS OF THE TOWNSHIP OF WHITBY; TOWN OF WHITBY, REGIONAL MUNICIPALITY OF DURHAM (hereafter, the “Property”);
  3. That Council approves the expropriation of the Property for the reasons set out in the Decision and Reasons document included as Attachment 3 to this Report LS 10-24.
  4. That the Mayor and Town Clerk be authorized to execute a Certificate of Approval on behalf of Town Council, and that staff be authorized to register same in the proper Land Registry Office;
  5. That the Town Clerk be authorized to sign and circulate the Decision and Reasons document required under the Expropriations Act, substantially in the form set out in Attachment 3 to this Report 10-24 and to the satisfaction of the Commissioner of Legal and Enforcement Services/Town Solicitor, or designate, and that staff be authorized to serve the Decisions and Reasons document on the parties to the Hearing and the Tribunal in accordance with the Expropriations Act;
  6. That staff be authorized to prepare a Plan of Expropriation and register same in the proper Land Registry Office;
  7. That the Mayor and Town Clerk be authorized to execute the Notice of Expropriation and Notice of Possession, and that staff be authorized to serve same upon the registered owner of the Property together with a Notice of Election in accordance with the Expropriations Act;
  8. That staff proceed to prepare, update, and/or finalize appraisal reports of the market value of the Property and, if applicable, damages for injurious affection and other compensation for disturbance damages in accordance with the requirements of s. 25 of the Expropriations Act;
  9. That the Commissioner of Legal and Enforcement Services/Town Solicitor, or designate, execute and serve upon the registered owner(s) of the Property, an offer of full compensation and an offer of immediate payment of 100% of the estimated market value of the lands expropriated in accordance with s. 25 of the Expropriations Act, and make payment of the compensation so offered upon acceptance by the owner(s);
  10. That a 2024 capital project for the property expropriation be approved as outlined in Confidential Staff Report LS 11-24;
  11. That Council authorize the payment of $200 to the Owner of the Property for the costs related to the Hearing of Necessity as recommended by the Ontario Land Tribunal;
  12. That staff be authorized to complete all necessary steps to complete the expropriation process and obtain the Property for the purpose of the Mid-Block Arterial Roadway capital project; and
  13. Council authorize staff to bring forward the by-law included in Attachment 4 to this Report LS 10-24 for approval.

13.

By-laws

• Recommendation:

  That leave be granted to introduce By-laws # 8093-24 to # 8105-24 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.

13.1

By-law # 8093-24

Being a By-law to adopt Amendment Number 136 to the Official Plan of the Town of Whitby.

Refer to PDP 33-24, Official Plan Amendment and Zoning By-law Amendment Applications, The DK Royal Stars Group Inc., Des Newman Boulevard and Woodrow Court, File Numbers: DEV-09-24 (OPA-2024-W/03, Z-05-24)

13.2

By-law # 8094-24

Being a By-law to amend the Fees and Charges By-law # 7220-17, as amended.

Refer to FS 17-24, Enhanced Property Tax Payment Options and CAO 16-24, 2023 Annual Sustainability and Climate Change Report

13.3

By-law # 8095-24

Being a By-law to designate certain portions of a registered Plan of Subdivision (SW-2018-02) as not being subject of Part Lot Control.

13.4

By-law # 8096-24 

Being a By-law to designate certain portions of a registered Plan of Subdivision (SW-2013-07) as not being subject of Part Lot Control.

13.5

By-law # 8097-24

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

Refer to PDP 33-24, Official Plan Amendment and Zoning By-law Amendment Applications, The DK Royal Stars Group Inc., Des Newman Boulevard and Woodrow Court, File Numbers: DEV-09-24 (OPA-2024-W/03, Z-05-24)

13.6

By-law # 8098-24

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

Refer to PDE 07-24, Update to Traffic By-law 8059-24 - Stop Control

13.7

By-law # 8099-24

Being a By-law to dedicate Part 1 on Plan 40R-31989 as a Public Highway (McEwen Drive).

13.8

By-law # 8100-24

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

Refer to PDP 29-24, Temporary Zoning By-law Amendment, Nordeagle Developments Ltd., File Number: DEV-10-24 (Z-06-24)

13.9

By-law # 8101-24 

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

Refer to PDP 34-24, Zoning By-law Amendment Application, The Baird Team Royal Lepage Baird Real Estate, 55 Garrard Road and Block 33 on Plan 40M-1315, File Number: DEV-08-24 (Z-04-24)

13.10

By-law # 8102-24

Being a By-law to dedicate Part 3 on Plan 40R-29753, as a Public Highway (Cochrane Street).

13.11

By-law # 8103-24

Being a By-law to authorize the conveyance of approximately 1.5 acres of land located at the south-east corner of Garden Street and Burns Street East and legally described as part of Part of Lot 24, Concession 1, to be designated  on a new reference plan, and being a portion of PIN 26488-0153 (LT), Town of Whitby, Regional Municipality of Durham (the “Lands”) to Town Brewery Inc. or its associated company.

Refer to FS 08-23, Public Input and Next Steps in Declaration of Surplus: Part of Pt Lot 24, Conc. 1, being Part of PIN 264880153 (LT) – South-East Corner of Garden Street and Burns Street East for the Purpose of Conveyance to Town Brewery Inc.

See also Memorandum from L. Scott, Real Estate Law Clerk, Legal and Enforcement Services Department, dated June 24, 2024 regarding Update to Report FS 08-23 - Conveyance of Part of Lot 24, Con 1, being a portion of PIN 26488-0153 (LT), to Town Brewery Inc.

13.12

By-law # 8104-24

Being a By-law to authorize the signing of the Municipal Funding Agreement for the transfer of funds under the Canada Community-Building Fund.

See also Memorandum from E. Watson, Sr. Manager of Financial Planning/Deputy Treasurer, dated June 20, 2024 regarding Canada Community-Building Fund By-law #8104-24

13.13

By-law # 8105-24

Being a By-law to approve the expropriation of lands by The Corporation of the Town of Whitby (the “Corporation”) being Part of Lot 20 Concession 5 (Geographic Township of Whitby) and part of Road Allowance between Lots 20 and 21 Concession 5 (Geographic Township of Whitby) as described in D76143, save and except lands designated as Parts 3 & 4 on Plan 40R-26759, in the Town of Whitby, Regional Municipality of Durham, being all of PIN 16264-0981 (LT), municipally known in 2023 as 5345 Thickson Road North, Whitby  (the “Subject Property”) for the purposes of constructing the Mid-Block Arterial roadway project and works ancillary thereto.

Refer to LS 10-24, 5345 Thickson Road North Expropriation – Ontario Land Tribunal Report regarding a Hearing of Necessity

14.

Announcements

15.

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 # 8081-24, Closed Meeting Policy G 040, and the Municipal Act, 2001, Section 239 (2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. 

15.1

LS 11-24, Confidential Legal and Enforcement Services Department Report

Re: Confidential Information related to Report LS 10-24 – Expropriation of 5345 Thickson Road N

16.

Rising and Reporting Out

17.

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 June 24, 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.

18.

Adjournment

• Recommendation:

  That the meeting adjourn.