Regular Council Meeting Revised Agenda

Monday, June 19, 2023 at 7:00 P.m. - 8:00 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 Council meeting either in-person or virtually, please submit a Delegation Request Form online to the Office of the Town Clerk by noon on the Wednesday prior to 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.

 

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 15, 2023

Special Council - May 29, 2023

Special Council - June 12, 2023 (Confidential Minutes Under Separate Cover)

• Recommendation:

  That the Regular Council Minutes of May 15, 2023, and the Special Council Minutes of May 29, 2023 and June 12, 2023 be approved.

5.

Presentations

5.1

Whitby Wildcats U10 AAA Hockey Team

Recognition: Provincial Championship Winners

5.2

Durham Rebels 14G Blockade Volleyball Team

Recognition: Volleyball Canada Youth Nationals Gold Medalists

5.3

Competition Air Rifle Team, 2 WHITBY VandenBos Royal Canadian Air Cadets Squadron (RCACS)

Recognition: Marksmanship Accolades - Provincial Civilian Standing Competition and National Marksmanship Championship

5.4

Cynthia Davis, President and CEO, Lakeridge Health (In-Person Attendance)

Re: Lakeridge Health Community Update 

5.5

Inspector Mitch Martin, Durham Regional Police Service (DRPS) (In-Person Attendance)

Re: Central West Division – Strategic Operational Plan

6.

Delegations

6.1

Don Mitchell, Resident (In-Person Attendance)

Re: PDE 11-23, Planning and Development (Engineering Services) Department Report

Highway 7/12 Alternative Route EA – Addition of Columbus Road (Country Lane to Lake Ridge Road) EA to Scope of Work

Refer to Item 8.5, PDE 11-23

6.2

Ronald Stevens, Resident (In-Person Attendance)

Re: PDE 11-23, Planning and Development (Engineering Services) Department Report

Highway 7/12 Alternative Route EA – Addition of Columbus Road (Country Lane to Lake Ridge Road) EA to Scope of Work

Refer to Item 8.5, PDE 11-23

6.3

Kyle Douglas, Resident (In-Person Attendance)

Re: PDE 11-23, Planning and Development (Engineering Services) Department Report

Highway 7/12 Alternative Route EA – Addition of Columbus Road (Country Lane to Lake Ridge Road) EA to Scope of Work

Refer to Item 8.5, PDE 11-23

6.4

Tom Newman, Resident (In-Person Attendance)

Re: PDE 11-23, Planning and Development (Engineering Services) Department Report

Highway 7/12 Alternative Route EA – Addition of Columbus Road (Country Lane to Lake Ridge Road) EA to Scope of Work

Refer to Item 8.5, PDE 11-23

6.5

Andrea Ferguson Jones, Resident (Virtual Attendance)

Re: PDE 11-23, Planning and Development (Engineering Services) Department Report

Highway 7/12 Alternative Route EA – Addition of Columbus Road (Country Lane to Lake Ridge Road) EA to Scope of Work

Refer to Item 8.5, PDE 11-23

6.6

Nellika Richardson, Resident (In-Person Attendance)

Re: PDE 11-23, Planning and Development (Engineering Services) Department Report

Highway 7/12 Alternative Route EA – Addition of Columbus Road (Country Lane to Lake Ridge Road) EA to Scope of Work

Refer to Item 8.5, PDE 11-23

6.7

Derrick Gleed, Resident (In-Person Attendance)

Re: PDE 11-23, Planning and Development (Engineering Services) Department Report

Highway 7/12 Alternative Route EA – Addition of Columbus Road (Country Lane to Lake Ridge Road) EA to Scope of Work

Refer to Item 8.5, PDE 11-23 

6.8

Neil McPherson, Resident (In-Person Attendance)

Re: PDE 11-23, Planning and Development (Engineering Services) Department Report

Highway 7/12 Alternative Route EA – Addition of Columbus Road (Country Lane to Lake Ridge Road) EA to Scope of Work

Refer to Item 8.5, PDE 11-23 

6.9

Stephen Jones, Resident (Virtual Attendance)

Re: PDE 11-23, Planning and Development (Engineering Services) Department Report

Highway 7/12 Alternative Route EA – Addition of Columbus Road (Country Lane to Lake Ridge Road) EA to Scope of Work

Refer to Item 8.5, PDE 11-23

6.10

Matthew Cory representing Brooklin North Landowners Group (In-Person Attendance)

Re: PDE 11-23, Planning and Development (Engineering Services) Department Report

Highway 7/12 Alternative Route EA – Addition of Columbus Road (Country Lane to Lake Ridge Road) EA to Scope of Work

Refer to Item 8.5, PDE 11-23 

6.11

Len Butticci, Resident (In-Person Attendance)

Re: PDE 11-23, Planning and Development (Engineering Services) Department Report

Highway 7/12 Alternative Route EA – Addition of Columbus Road (Country Lane to Lake Ridge Road) EA to Scope of Work

Refer to Item 8.5, PDE 11-23

6.12

Mike Pettigrew representing Brooklin South Landowners Group (Virtual Attendance)

Re: CMS 06-23, Community Services Department Report

Bill 23 Parkland Dedication Framework

Refer to Item 9.3, CMS 06-23

6.13

Matthew Cory representing Brooklin North Landowners Group (In-Person Attendance)

Re: CMS 06-23, Community Services Department Report

Bill 23 Parkland Dedication Framework

Refer to Item 9.3, CMS 06-23

6.14

Bill Rourke, Whitby Minor Baseball Association (In-Person Attendance)

Re: CMS 06-23, Community Services Department Report

Bill 23 Parkland Dedication Framework

Refer to Item 9.3, CMS 06-23

Note: In accordance with Section 2.8.2 of the Procedure By-law, a Two Thirds Majority for a motion to hear this delegation is required as the delegation did not address Committee at the Committee of the Whole meeting.

6.15

Abhi Singh and Prannay Singla, Whitby Cricket Association (In-Person Attendance)

Re: CMS 06-23, Community Services Department Report

Bill 23 Parkland Dedication Framework

Refer to Item 9.3, CMS 06-23

Note: In accordance with Section 2.8.2 of the Procedure By-law, a Two Thirds Majority for a motion to hear this delegation is required as the delegation did not address Committee at the Committee of the Whole meeting.

6.16

Vera Felgemacher, Resident (In-Person Attendance)

Re: FES 04-23, Fire and Emergency Services Department Report        
Report and Recommendations of Changes to the By-law to Regulate the Sales and Discharge of Fireworks

Refer to Item 9.10, FES 04-23

Note: In accordance with Section 2.8.2 of the Procedure By-law, a Two Thirds Majority for a motion to hear this delegation is required as the delegation did not address Committee at the Committee of the Whole meeting.

7.

Correspondence

8.

Committee of the Whole Report - Planning and Development

Planning and Development - June 5 and June 12, 2023

8.1

PDP 28-23, Planning and Development (Planning Services) Department Report

Re: Housekeeping and Technical Amendments to the Whitby Official Plan / Part 2 Secondary Plans

• Recommendation:

  That Council authorize Planning and Development Staff to initiate an Amendment to the Town of Whitby Official Plan regarding minor housekeeping and technical amendments to policies and Schedules of Part 1 – parent Official Plan and Part 2 – Secondary Plans and Schedules.

8.2

PDP 29-23, Planning and Development (Planning Services) Department Report

Re: Draft Plan of Condominium Application, Brooklin Meadow Limited, Baldwin Street North and Carnwith Drive East, File Number: DEV-06-23 (CW-2023-03)

• Recommendation:
  1. That Council approve a Draft Plan of Condominium (File No. CW-2023-03) subject to the comments included in Report PDP 29-23 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.

8.3

PDP 30-23, Planning and Development (Planning Services) Department Report

Re: Draft Plan of Subdivision Application and Zoning By-law Amendment Application, 5095, 5125, and 5245 Anderson Street, Conland Development Corporation, File Number: DEV-13-21 (SW-2021-03, Z-08-21)

• Recommendation:
  1. That Council approve the Draft Plan of Subdivision (File No. SW-2021-03) and approve an amendment to Zoning By-law # 1784 (Z-08-21), subject to the comments included in Planning Report PDP-30-23 and the Conditions of Draft Approval included in Attachment #9;
  2. That Staff be authorized to prepare a Subdivision Agreement;
  3. That a Zoning By-law Amendment be brought forward for consideration by Council;
  4. That the Region of Durham Commissioner of Planning and Economic Development be advised of Council’s decision;
  5. That Williams and Stewart Associates Ltd. be appointed as the Control Architect for the Draft Plan of Subdivision; and,
  6. That the Clerk forward a Notice to those parties and agencies that requested to be notified of Council’s decision.

8.4

PDE 10-23, Planning and Development (Engineering Services) Department Report

Re: Update Traffic By-law # 1862-85, No Stopping on Kirkland Place

• Recommendation:
  1. That Council approve the proposed amendment to Traffic By-law # 1862-85, to incorporate the changes to Schedule “A” of the By-law, as identified in Attachment 2;
  2. That a by-law to amend 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 10-23 to Durham Student Transportation Services (DSTS) and the Durham District School Board (DDSB).

8.5

PDE 11-23, Planning and Development (Engineering Services) Department Report

Re: Highway 7/12 Alternative Route EA – Addition of Columbus Road (Country Lane to Lake Ridge Road) EA to Scope of Work

See also Memorandum from F. Wong, Commissioner of Financial Services/Treasurer, dated June 16, 2023 regarding Alternate Route Budget

• Recommendation:
  1. That Staff terminate the Highway 7/12 Alternate Route Environmental Assessment; and,
  2. That any consulting obligations be terminated in accordance with the contractual provisions; and,
  3. That the relevant stakeholders and interested parties to the Highway 7/12 Alternate Route Environmental Assessment be notified. 

8.6

PDP 31-23, Planning and Development (Planning Services) Department Report

Re: Zoning By-law Amendment Application, Winash Developments Limited, 5380 Baldwin Street South, File Number: DEV-09-23 (Z-04-23)

• Recommendation:
  1. That Council approve an amendment to Zoning By-law # 1784 (File No. Z-04-23) as outlined in Planning Report PDP 31-23; and,
  2. That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council.

8.7

PDP 32-23, Planning and Development (Planning Services) Department Report

Re: Zoning By-law Amendment Application, 2844542 Ontario Inc., 918 Brock Street South, File Number: DEV-07-23 (Z-03-23)

• Recommendation:
  1. That Council approve an amendment to Zoning By-law # 2585 (File Number: Z-03-23) as outlined in Planning Report PDP 32-23; and,
  2. That a by-law to amend Zoning By-law # 2585 be brought forward for consideration by Council.

9.

Committee of the Whole Report - General Government

General Government - June 5 and June 12, 2023

9.1

LS 05-23, Legal and Enforcement Services Department Report

Re: Review of Residential Construction Dust Permit Program

• Recommendation:
  1. That Report LS 05-23 be received for information;
  2. That Enforcement Services not implement a permit system to regulate dust from private residential construction projects;
  3. That Enforcement Services continues to actively promote dust control through an annual communication strategy; and,
  4. That New and Unfinished Business – General Government Item No. GG-0013 be removed.      

9.2

LS 06-23, Legal and Enforcement Services Department Report

Re: Follow-up Report for Proposed Amendments to Property Standards By-law # 6874-14, Hedge Heights

• Recommendation:
  1. That Report LS 06-23 be received for information; and,
  2. That Staff bring forward a by-law to amend Property Standards By-law # 6874-14, as amended, substantially in accordance with the draft bylaw in Attachment 1 to this Report LS 06-23.

9.3

CMS 06-23, Community Services Department Report

Re: Bill 23 Parkland Dedication Framework

See also Memorandum from J. Romano, Commissioner of Community Services, dated June 16, 2023 regarding Update – CMS 06-23 Bill 23 – Parks Planning Framework

Note: This item was referred at the Committee of the Whole Meeting on June 5, 2023 to the Council Meeting on June 19, 2023. Council direction required.

• Recommendation:
  1. That Council receive report CMS 06-23 as information;
  2. That the Town incorporate the proposed changes to the Parkland Dedication Framework as set out in Report CMS 06-23 through the update to the Parks and Recreation Master Plan;
  3. That staff be directed to engage a planning consultant to identify appropriate land that would support the development of Sports Field Parks; and,
  4. That staff be directed to report to Council with options for the acquisition of land to support the development of sports fields as identified by the 2015 Sports Facility Strategy and updated by the 2023 Parks and Recreation Master Plan.

9.4

CMS 07-23, Community Services (Operational Services) Department Report

Re: Urban Forestry Update - Spring 2023

• Recommendation:

  That Report CMS 07-23 be received as information.

9.5

FS 13-23, Financial Services Department Report

Re: Annual Insured Claims Report

• Recommendation:

  That Report FS 13-23 regarding Annual Insured Claims be received as information.

9.6

FS 17-23, Financial Services Department Report

Re: Building Permit Fees Annual Financial Report 2022

• Recommendation:

  That Report FS 17-23 on Building Permit Fees Annual Financial Report 2022 be received as information.

9.7

FS 18-23, Financial Services Department Report

Re: 2022 Year End Operating Budget Variances and Reserve Funds

• Recommendation:

  That report FS 18-23 regarding 2022 Year End Operating Variances and Reserve Funds be received.

9.8

FS 19-23, Financial Services Department Report

Re: Annual Statement of Development Charge and Parkland Dedication Cash-in-Lieu Reserve Funds as of December 31, 2022

• Recommendation:

  That Report FS 19-23, the Annual Statement of Development Charge and Parkland Dedication Cash-in-Lieu Reserve Funds as of December 31, 2022 be received.

9.9

FES 03-23, Fire and Emergency Services Department Report

Re: Whitby Firefighters – Fallen Firefighters Memorial

• Recommendation:
  1. That Council actively partners with the Whitby Professional Fire Fighters Association IAFF Local 2036 (“Local 2036”) on the design and construction of a memorial to fallen fire fighters to be located at Whitby Civic Park adjacent to Town Hall;
  2. That the Town of Whitby match Local 2036’s contribution to a maximum of $35,000, funded from Whitby Fire and Emergency Services Operating Budget account 12105-54030, for the design and construction of the memorial;
  3. That a new capital project in the amount of $250,000 be established for the Whitby Memorial to Fallen Fire Fighters, funded from Local 2036 ($35,000), the Town of Whitby ($35,000), and external fundraising ($180,000);
  4. That the Town of Whitby actively partners with Local 2036 to source additional public and/or private sources of funding and/or sponsorship opportunities towards the memorial;
  5. That construction for the memorial only proceeds once the $180,000 fund raising goal has been achieved; and,
  6. That Staff follow the process outlined in report FES 03-23 for the issuance of Official Donation Receipts for income tax purposes related to the external fundraising efforts for this Town of Whitby project.

9.10

FES 04-23, Fire and Emergency Services Department Report

Re: Report and Recommendations of Changes to the By-law to Regulate the Sales and Discharge of Fireworks

• Recommendation:

  That report FES 04-23 be received for information.

9.11

CAO 15-23, Organization Effectiveness and Community Services Department Report

Re: The IDEA Project, Journey to Inclusivity Status Update

• Recommendation:

  That Council receive Report CAO 15-23, The IDEA Project, Journey to Inclusivity Status Update for information.

9.12

CAO 16-23, Office of the Chief Administrative Officer Report

Re: Town of Whitby Official Tree Campaign

• Recommendation:
  1. That Report CAO 16-23 be received for information; and,
  2. That Council endorse the Town of Whitby Official Tree Campaign and adopt the tree species to be selected by the community as an official symbol of the Town.

9.13

CAO 17-23, Office of the Chief Administrative Officer Report

Re: Family Physician Recruitment Update

• Recommendation:
  1. That Report CAO 17-23 be received for information; and,
  2. That Council approve an initial expense of $20,000 to support the Regional 2023 Family Physician Recruitment Program, funded from Strategic Initiatives operating budget account 799SIN-PS-3990.

9.14

CAO 19-23, Office of the Chief Administrative Officer Report

Re: Canada Mortgage and Housing Corporation – Housing Accelerator Fund

• Recommendation:
  1. That Council approve in principle the Draft Proposed Action Plan outlined in Attachment # 1 to Report CAO 19-23 for the purpose of submitting an application for the Canada Mortgage and Housing Corporation – Housing Accelerator Fund (2023);
  2. That Council authorize the Chief Administrative Officer to submit the application for the Canada Mortgage and Housing Corporation – Housing Accelerator Fund (2023);
  3. That Council authorize the Chief Administrative Officer to approve any changes to the Draft Proposed Action Plan outlined in Attachment # 1 to Report CAO 19-23, prior to submission of the Town’s application for the Canada Mortgage and Housing Corporation’s Housing Accelerator Fund; and,
  4. That Council authorize the Mayor and Clerk to execute any necessary agreements regarding the application.

9.15

LS 07-23, Legal and Enforcement Services Department Report

Re: Proposed Amendments to the Town of Whitby Towing By-law # 6887-14

See also Memorandum from A. Albrecht, Supervisor of Parking Services and B. Harasym, Associate Solicitor dated June 14, 2023 regarding Proposed amendments to the Town of Whitby Towing By-law No. 6887-14

Note: This item was referred at the Committee of the Whole meeting on June 12, 2023 to the Council meeting on June 19, 2023. Council direction required. Revised recommendation shown below is in accordance with the Memorandum from A. Albrecht, Supervisor of Parking Services and B. Harasym, Associate Solicitor, dated June 14, 2023.

• Recommendation:

  1. That By-law # 6887-14, the Towing By-law, be amended substantially in accordance with Attachment 1 to the Memorandum from A. Albrecht, Supervisor of Parking Services and B. Harasym, Associate Solicitor, dated June 14, 2023; and,

  2. That Council direct staff to review current municipal regulations regarding the licensing and governing of tow truck drivers and tow truck businesses, activities, and undertakings in the Town of Whitby.

9.16

Forest Heights Park Basketball Court

• Recommendation:

  That the Forest Heights Park and Darren Park basketball court nets and poles be reinstalled as soon as possible.

10.

For information only - Committee of the Whole Minutes of June 5 and June 12, 2023

11.

Notice of Motion

12.

New and Unfinished Business

13.

By-laws

• Recommendation:

  That leave be granted to introduce By-laws # 8000-23 to # 8007-23 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.

13.1

By-law # 8000-23 

Being a By-law to amend the Property Standards By-law # 6874-14, as amended.

Refer to LS 06-23, Follow up report for proposed amendments to Property Standards By-law 6874-14, Hedge Heights

13.2

By-law # 8001-23

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 10-23, Update Traffic By-law 1862-85, No Stopping on Kirkland Place

13.3

By-law # 8002-23

Being a By-law to Amend By-law # 4084-97, being a By-law to Designate Certain Private Roadways as Fire Routes and to Prohibit Parking thereon.

Refer to attached Memorandum from F. Santaguida, Commissioner of Legal and Enforcement Services/Town Solicitor, dated June 19, 2023 regarding Administrative Amendments to the Fire Route By-law # 4084-97

13.4

By-law # 8003-23

Being a By-law to Amend By-law #6887-14, being a by-law to regulate the towing of vehicles from private property within the Town of Whitby.

Refer to LS 07-23, Proposed Amendments to the Town of Whitby Towing By-law # 6887-14

13.5

By-law # 8004-23

Being a By-law to Amend Traffic By-law # 1862-85, as amended.

Refer to attached Memorandum from F. Santaguida, Commissioner of Legal and Enforcement Services/Town Solicitor dated June 19, 2023 regarding Proposed Administrative Amendments to Traffic By-law # 1862-85

13.6

By-law # 8005-23

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

Refer to PDE 32-23, DEV-07-23: Zoning By-law Amendment Application, 2844542 Ontario Inc., 918 Brock Street South, File No. Z-03-23

13.7

By-law # 8006-23

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

Refer to PDE 31-23, DEV-09-23: Zoning By-law Amendment Application, Winash Developments Limited, 5380 Baldwin Street South, File No. Z-04-23 

13.8

By-law # 8007-23

Being a By-law to amend the Property Standards By-law # 6874-14, as amended.

Refer to attached Memorandum from A. Gratton, Manager of Enforcement Services, dated June 19, 2023 regarding Administrative amendments to the Vacant Buildings section of Property Standards By-law # 6874-14

14.

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 19, 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.

15.

Adjournment

• Recommendation:

  That the meeting adjourn.