Regular Council Minutes

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Council Chambers
Whitby Town Hall
Present:
  • Mayor Roy
  • Councillor Bozinovski
  • Councillor Cardwell
  • Councillor Leahy
  • Councillor Lee
  • Councillor Lundquist
  • Councillor Mulcahy (arrived at 8:16 p.m., left at 1:12 a.m.)
  • Councillor Shahid
  • Councillor Yamada
Also Present:
  • M. Gaskell, Chief Administrative Officer
  • S. Klein, Director of Strategic Initiatives
  • J. Romano, Commissioner of Community Services
  • F. Santaguida, Commissioner of Legal and Enforcement Services/Town Solicitor
  • F. Wong, Commissioner of Financial Services/Treasurer
  • R. Saunders, Commissioner of Planning and Development
  • M. Dodge, Executive Advisor to the Mayor
  • C. Harris, Town Clerk
  • K. Narraway, Sr. Manager of Legislative Services/Deputy Clerk 
  • M. Hickey, Fire Chief

There were no declarations of conflict of interest.

Regular Council - May 15, 2023


Special Council - May 29, 2023


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

  • Resolution #142-23
    Moved byCouncillor Lee
    Seconded byCouncillor Lundquist

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

    Carried

Recognition: Provincial Championship Winners

Mayor Roy attended the dais and was joined by Councillor Cardwell. Members of the Whitby Wildcats U10 AAA Hockey Team were welcomed onto the dais and recognized for their win at the Provincial Championships in March 2023.

Recognition: Volleyball Canada Youth Nationals Gold Medalists

Mayor Roy attended the dais and was joined by Councillor Lundquist. Members of the Durham Rebels 14G Blockade Volleyball Team were welcomed onto the dais and recognized for winning a gold medal at the Volleyball Canada Youth Nationals in May 2023.

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

Mayor Roy attended the dais and was joined by Deputy Mayor Shahid. Members of the 2 Whitby VandenBos Royal Canadian Air Cadets Squadron were welcomed onto the dais and recognized for their marksmanship accolades earned at the Provincial Civilian Standing Competition and National Marksmanship Championship.

Re: Lakeridge Health Community Update 

Cynthia Davis, President and CEO, Lakeridge Health, appeared before Council and provided a PowerPoint presentation regarding a Community Update from Lakeridge Health. Highlights of the presentation included the following:

  • an overview of the service area for Lakeridge Health; 
  • highlights of the services provided at the existing Whitby Hospital including specialized kidney care; 
  • the number of families and clients served at the Whitby Hospital; 
  • details about the recently constructed long-term care home at the Ajax-Pickering Hospital; 
  • expanding long-term care home sites and the potential for a site in Whitby; 
  • the unanimous recommendation of the independent panel to locate a future full service hospital in Whitby and acceptance of the recommendation by the Lakeridge Health Board; 
  • details about the proposed site for a future full service hospital including good road connections, site readiness, the central location within the Region, and proximity to identified growth areas in the Region; 
  • information about the Jerry Coughlan Health and Wellness Centre in north Pickering which will serve as a state-of-the-art surgical centre when it opens later in 2023; 
  • Lakeridge Health's mental health strategic plan which serves as a roadmap to providing integrated services for mental health and substance use care; and, 
  • information about the Queen's-Lakeridge Health MD Family Medicine Program which will help build primary care capacity in the Region. 

A question and answer period ensued between Members of Council and Ms. Davis regarding: 

  • providing supportive partnerships to assist those facing mental health challenges; 
  • discussions that have taken place between Lakeridge Health and the Ministry of Health regarding advancing the future full service hospital despite the absence of a planning grant in the recent provincial budget; 
  • approximate timelines to construct a full service hospital; 
  • providing outpatient services to seniors living in senior's residences and information about programming provided by Lakeridge Health for seniors; 
  • supporting access to primary care; 
  • the potential long-term care home location in Whitby; and,
  • estimates about the number of residents who do not have access to a primary care provider and the focus of Lakeridge Health and the Ministry of Health to improve access to primary care. 

Re: Central West Division – Strategic Operational Plan

Inspector Mitch Martin, Durham Regional Police Service, appeared before Council and provided a PowerPoint presentation regarding the Strategic Operational Plan for Central West Division. Highlights of the presentation included the following:

  • a year-to-date update regarding the 2023 Strategic Operational Plan for Central West Division; 
  • the area served by Central West Division including Whitby and a portion of Oshawa; 
  • information about crime and disorder calls and violent incidents around Ontario Tech University/Durham College;
  • an increase in the number of bail evaluation checks compared to the 5-year average; 
  • growth in the number of motor vehicle collisions; 
  • enforcement statistics related to aggressive driving, distracted driving, driving without a seatbelt, and speeding; 
  • the top intersections in the Town for collisions; 
  • information about impaired driving arrests compared to 2022; 
  • calls for service in Downtown Whitby and the number of patrols hours completed in the downtown; and,
  • statistics about human trafficking, firearms, and narcotics violations around the motels on Consumers Drive.

A question and answer period ensued between Members of Council and Inspector Martin regarding:

  • the effectiveness of red light cameras at reducing collisions at intersections; 
  • the effectiveness of speed cameras in community safety zones; 
  • the impact of road design improvements at reducing collisions at intersections; 
  • information about the number of calls for service related to mental health challenges; 
  • staffing challenges facing the division noting that growth in the number of officers has not kept pace with population growth; 
  • training provided to officers to address and respond to persons experiencing mental health challenges; and, 
  • the difficulty providing foot or bicycle patrols in downtown areas due to staffing challenges. 

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

Don Mitchell, Resident, appeared before Council and indicated that he was interested in finding solutions regarding the Highway 7/12 Alternative Route that would protect the Oak Ridges Moraine, protect current and future residents of Brooklin, and maintain confidence of residents in Council and Council commitments of the past. He stated that completing the EA and then having Council recommend a route outside of the Moraine was the best way to protect the Moraine. He advised that Council should adopt a resolution to identify their commitment to a route outside of the Moraine. He noted that the alternative route would only be constructed if and when Council provided funding for the project. Mr. Mitchell indicated that completing the EA would allow for a full discussion about the impacts of the alternative routes, including the option of not constructing an alternative route. He noted that growth will need to be accommodated and that there will be significant costs associated with any option. He stated that the social and environmental impacts will not be fully understood without completing the EA. Mr. Mitchell advised that any alternative route will be objected to by affected residents, and he noted that the option of doing nothing will also receive objections.

  • Moved byCouncillor Mulcahy
    Seconded byCouncillor Lee

    That the rules of procedure be suspended to allow the delegation to exceed the five minute speaking limit.

    Carried

    Mr. Mitchell continued his delegation noting that widening of Myrtle Road was a potential outcome if Council does not identify an alternative route. He indicated that public consultation about the alternative route has not occurred since November 2021 and that notice of the potential termination of the EA was not provided. Mr. Mitchell noted that in November 2021 Council unanimously endorsed the need for an alternative route and for Town control of Baldwin Street in Brooklin to streamline development approvals and for the safety of Brooklin residents. He recommended that consideration of the matter be deferred until the fall to allow for public engagement and to receive information from Staff about the implications of terminating the EA. He further suggested that discussions with the Ministry of Transportation (MTO) begin about gaining local care and control of Baldwin Street. 

    A question and answer period ensued between Members of Council and Mr. Mitchell regarding:

    • past attempts by the Town to gain care and control of Baldwin Street; 
    • potential risks to on-street parking on Baldwin Street should the MTO decide they need to increase the traffic lanes on the highway; 
    • the impacts to the hamlet of Ashburn if Myrtle Road were to be widened; 
    • developers agreeing to development charges for the alternative route due to the importance of the route to Brooklin residents;
    • the impact of truck traffic on Downtown Brooklin; 
    • challenges encountered when working with the MTO; 
    • clarification that Mr. Mitchell does not own land identified along the proposed alternative routes; and, 
    • previous conversations that have taken place between the former Mayor and provincial government representatives.

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

Ronald Stevens, Resident, appeared before Council and indicated that constructing an alternative route through the Moraine may have an adverse impact on the wells used for drinking water in the area. Mr. Stevens advised that he understands the need for local control of Baldwin Street through Downtown Brooklin. He indicated that he made recommendations to the consultant responsible for the alternative route EA but that the recommendations have not been considered. Mr. Stevens indicated that correspondence had been sent to Council about the MTO's Connecting Links Program and that he felt that program should be explored in more detail. He suggested that the consultant and the Town should not be considering constructing a highway that would fall under provincial ownership. He noted that the parking spaces on Baldwin Street could be removed and vehicle parking could be routed to nearby municipal parking lots. Mr. Stevens suggested that Staff meet with the MTO and request that the MTO prohibit trucks on Baldwin Street and that trucks be routed to Thickson Road and Lake Ridge Road. He indicated that the long-term solution should be to extend Highway 412 to Lake Ridge Road. He suggested that the Development Charges allocated for the alternative route should be used to offset revenue shortfalls or to extend Highway 412 to Lake Ridge Road. 

A question and answer period ensued between Members of Council and Mr. Stevens regarding:

  • the importance of gaining local care and control over Baldwin Street and protecting the residents of Downtown Brooklin; 
  • identifying alternative route F as an interim solution and considering the extension of Highway 412 to Lake Ridge Road as a long-term solution; and,
  • whether the delegate could provide example use cases for the MTO's Connecting Links Program.

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

Kyle Douglas, Resident, appeared before Council and suggested that the EA is achieving diminishing returns, noting that the EA has exceeded its planned duration and initial scope. He advised that the EA has caused frustration in the community and recommended that Council refocus their efforts on matters that are more beneficial to the community. 

A question and answer period ensued between Members of Council and Mr. Douglas regarding:

  • the number of times the delegate has been engaged by the consultant as part of the EA process; 
  • concerns about feedback provided to the consultant not being meaningfully considered; 
  • concerns about recommendations stemming from the EA appearing firm and inflexible; and, 
  • clarification that there has been a significant amount of public consultation, noting that those who are engaged are aware of the status of the EA.

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

Tom Newman, Resident, appeared before Council and indicated that the technically preferred alternative route travels across a portion of his property. He indicated that if the route were to proceed that it would have an impact on his family and business, however he understood the need for the alternative route considering the growth in Whitby and the province's focus on building homes. He advised that a route in the Moraine was not ideal. Mr. Newman stated that the economic impact of development is important and that he supports growth. 

A question and answer period ensued between Members of Council and Mr. Newman regarding:

  • whether the delegate supports completion of the EA; 
  • improving commute times for residents living in Brooklin; and, 
  • solutions that work in other municipalities that contain provincial highways. 

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

Andrea Ferguson Jones appeared before Council and indicated that she is in support of terminating the EA. She indicated that the scoring methodology to evaluate the alternative routes has not been shared with stakeholders. She stated that she felt that consultation has been inadequate, noting that many residents who are directly affected by the alternative routes found information through social media instead of direct notices. Ms. Ferguson Jones questioned the effectiveness of a past survey, which only presented alternative route options through the Moraine. She noted that there has not been engagement about the EA since 2021. She raised concerns about objections from the Township of Scugog and the Central Lake Ontario Conservation Authority and the lack of support for a route through the Moraine or any portion of Scugog. She stated that it was unclear if the technically preferred route was viable. 

A question and answer period ensued between Members of Council and Ms. Ferguson Jones regarding:

  • the challenges with Council recommending a route outside of the Moraine if the EA identifies a preferred route in the Moraine; 
  • conducting a better scoped EA in the future and clarifying from the outset that a route in the Moraine is not acceptable;
  • whether or not the delegate has reviewed EAs in the past where a preferred route is recommended and a different route endorsed by a decision making body; 
  • concerns that the study team had a preferred route in mind and was not receptive to feedback from residents; and, 
  • opportunities for the Region to become involved in evaluating a bypass for Downtown Brooklin in consideration of growth in the Region, shifting priorities, and overall Regional development.

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

Nellika Richardson, Resident, appeared before Council and stated that she supports the decision to terminate the EA. She noted concerns about escalating costs associated with the project and the availability of existing roads that could function as a bypass. She indicated that the preferred route identified by the consultant appears inflexible. 

A brief question and answer period ensued between Members of Council and Ms. Richardson regarding consideration of other solutions that are not included in the scope of the EA.

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 

Derrick Gleed, Resident, appeared before Council and indicating that other bypass routes, including Brawley Road were considered in the past, however the cost of infrastructure works associated with these routes made them unrealistic. He stated that the Memorandum of Understanding (MoU) between the Town and the MTO supporting a bypass around Brooklin was a political commitment that is not necessarily supported by senior Staff at the MTO. He stated that re-establishing a dialogue with the MTO was important, noting that conversations should take place between senior Staff and involve Staff from the Region of Durham. He advised that the scope of the project has evolved since it started, indicating that new development areas and a potential hospital have made the alternative route a Regional issue. Mr. Gleed noted that there has been significant development along Baldwin Street in Brooklin, despite the need for consultation with the MTO. He requested that Council terminate the EA and that Staff be directed to work with the MTO to find solutions for truck traffic on Baldwin Street and for an element of care and control over the highway. 

A question and answer period ensued between Members of Council and Mr. Gleed regarding: 

  • an early potential route for the bypass which bisected lands slated for development; 
  • working with the MTO to continue to develop Downtown Brooklin; 
  • deferring consideration of the matter to the fall to receive a report from Staff about the impacts of cancelling the EA; 
  • the importance for the Town to send clear messaging to the Region to identify the need for a bypass as a growing Regional concern; 
  • potential impacts of the Town identifying a technically viable alternative route and then requesting assistance from the Region; 
  • interim solutions including constructing the mid-block arterial road in advance of development and improving the intersection of Baldwin Street and Thickson Road; 
  • benefits of using existing infrastructure to serve as a bypass around Brooklin; and, 
  • establishing a walkable community in Downtown Brooklin, noting that every healthy downtown relies on a level of vehicle traffic. 

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 

Neil McPherson, Resident, appeared before Council and stated that the provincial highway in Downtown Brooklin limits what the Town can do to make the road safer for pedestrians and motorists. He indicated that there is a traffic problem in Brooklin and is concerned that terminating the EA will abandon some of the most constructive work to date to improve Downtown Brooklin. He advised that local control of the highway would allow the Town to undertake traffic calming and divert truck traffic. Mr. McPherson stated that the decision to terminate the EA was not broadly communicated to the residents of Brooklin and that many residents will not be aware of Council's decision. 

A brief question and answer period ensued between Members of Council and Mr. McPherson whether the delegate was supportive of gaining more information about the impacts of terminating the EA prior to Council making a decision and if the delegate would support a property tax increase to construct the alternative route.

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

Stephen Jones, Resident, appeared before Council and advised that the proposed bypass will adversely affect businesses in Downtown Brooklin. He indicated that the preferred alternative route travels through the Moraine and may not comply with applicable legislation and statutory requirements. He noted that the Township of Scugog remains opposed to a route through the Moraine. Mr. Jones stated that the EA has been delayed, noting that Community Open House 4 is nearly two years behind schedule. He indicated that the scope of the project has changed with the construction of Highway 412 and that he was in favour of terminating the EA. 

  • Moved byCouncillor Cardwell
    Seconded byCouncillor Bozinovski

    That Council take a short recess.

    Carried

    Council recessed at 10:33 p.m. and reconvened at 10:41 p.m.


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 

Matthew Cory, representing the Brooklin North Landowners group, appeared before Council and indicated that the landowners that he represents have an interest in where a potential alternative route is located in Whitby. He noted that currently the MTO is working with landowners regarding setback requirements from Baldwin Street as they are aware of the potential for a future alternative route. He stated that if Baldwin Street remains a provincial highway, the required MTO setback from the highway will be problematic for development. He noted that identified growth areas in Brooklin may not be achievable due to MTO spacing requirements between intersections on their highways. He advised that the landowners are partners with the Town, they supported the Town obtaining the MoU, and they are interested in knowing Council's direction as soon as possible. Mr. Cory noted that realigning a bypass in the northeast portion of the community will be problematic as it would require replanning, which would need to be completed immediately. 

A question and answer period ensued between Members of Council and Mr. Cory regarding:

  • confirmation that the landowners are willing to partner with the Town to identify a solution and path forward as soon as possible; 
  • the need to develop a bypass in some form in consideration of MTO setback and intersection spacing requirements; 
  • clarification about the impact of terminating the EA for the development industry; 
  • maintaining the integrity of the Brooklin Secondary Plan by quickly identifying a solution; and, 
  • impacts to density targets and the overall yield of housing units if the current MTO setbacks are required on Baldwin Street.
  • Moved byCouncillor Shahid
    Seconded byCouncillor Lee

    That in accordance with the Town's Procedure By-law, the Council meeting continue to go past 11:00 p.m.

    Carried

    The question and answer period between Members of Council and Mr. Cory continued regarding:

    • the provincial government's focus on building housing and engaging with the province to find solutions to allow development in closer proximity to Baldwin Street; 
    • the mandate of the MTO to maintain infrastructure for future growth; 
    • entering into a dialogue between the landowners groups and the MTO to look at solutions that support growth and development; and, 
    • the need for a secondary plan around the future hospital site, evaluating the Regional road network, and engaging with the Region on broader transportation discussions.

    It was the consensus of Council to hear Item 6.13, delegation by Matthew Cory, representing the Brooklin North Landowners Group regarding CMS 06-23, Community Services Department Report re: Bill 23 Parkland Dedication Framework, at this time.


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

Len Butticci, Resident, appeared before Council and stated that the EA is growing in scope and that it is becoming a poor financial decision. He recommended that development charges associated with the project be moved to other projects. He stated that the EA should be terminated immediately, without receiving information from Staff on the potential impacts of the termination. 

A brief question and answer period ensued between Members of Council and Mr. Butticci regarding the perception that feedback provided to the consultant had not been meaningfully considered.

Re: CMS 06-23, Community Services Department Report


Bill 23 Parkland Dedication Framework


Refer to Item 9.3, CMS 06-23

Mike Pettigrew, representing the Brooklin South Landowners Group appeared before Council and indicated that the owners in the area who participate in the Brooklin South Landowners Group are willing to provide parkland dedication to meet the requirements of the Brooklin Secondary Plan. Mr. Pettigrew noted that he would recommend that Council direct Staff to work with the landowners to develop a master parks agreement and to further discuss park needs. 

A brief question and answer period ensued between Members of Council and Mr. Pettigrew clarifying that the parkland dedication proposed by the participating landowners exceeds the requirements of Bill 23 and the Town's Official Plan, and that the landowners would work with Staff to locate parks adjacent to open space where possible to maximize available recreational lands.

  • Moved byCouncillor Shahid
    Seconded byCouncillor Cardwell

    That in accordance with the Town's Procedure By-law, the Council meeting continue to go past 11:30 p.m.

    Carried on a Two Thirds Vote
  • Moved byCouncillor Shahid
    Seconded byCouncillor Yamada

    That Council suspend the rules of procedure in order to hear delegations from Bill Rourke, Whitby Minor Baseball Association, and Abhi Singh and Prannay Singh, Whitby Cricket Association regarding CMS 06-23, Community Services Department Report re: Bill 23 Parkland Dedication Framework and to hear the delegation from Vera Felgemacher, Resident, regarding FES 04-23, Fire and Emergency Services Department Report re: Report and Recommendation of Changes to the By-law to Regulate the Sales and Discharge of Fireworks.

    Carried on a Two Thirds Vote

Re: CMS 06-23, Community Services Department Report


Bill 23 Parkland Dedication Framework


Refer to Item 9.3, CMS 06-23

Matthew Cory, representing the Brooklin North Landowners Group, appeared before Council and indicated that the landowners he represents are willing to continue to provide parkland dedication to meet the requirements of the Brooklin Secondary Plan. Mr. Cory noted that he would recommend that Council provide direction to Staff to develop a simplified master parks agreement, noting that the landowners are willing to provide parks generally in the areas contemplated. 

A brief question and answer period ensued between Members of Council and Mr. Cory clarifying that the parkland dedication proposed by the landowners exceeds the requirements of Bill 23 and the Town's Official Plan.

It was the consensus of Council to hear Item 6.11, delegation by Len Butticci, Resident, at this time.

Re: CMS 06-23, Community Services Department Report


Bill 23 Parkland Dedication Framework


Refer to Item 9.3, CMS 06-23

Bill Rourke, Whitby Minor Baseball Association, appeared before Council and indicated that he is supportive of the development of Sports Field Parks in Whitby. He noted that more baseball diamonds are needed in the community, including larger sized diamonds that can support teenagers and young adults playing baseball. He indicated that a Sports Field Park would be beneficial as it would allow for tournament play with parking and facilities to support visiting teams from outside of Whitby. Mr. Rourke noted that maintenance, including grooming of infields is simplified when a central location with multiple diamonds is available. 

A question and answer period ensued between Members of Council and Mr. Rourke regarding: 

  • enrollment in the Whitby Minor Baseball Association; 
  • confirmation that a lack of diamonds in Whitby presents a larger challenge with each passing season; 
  • the mandate of the Association to support as many children and youth playing baseball as possible; 
  • attempts to reduce travel distances for participants through careful scheduling of games; 
  • ensuring that children and youth are not excluded from participating due to large travel distances to games and practices; and, 
  • confirmation that there are limited diamonds in Whitby to support adult baseball.

Re: CMS 06-23, Community Services Department Report


Bill 23 Parkland Dedication Framework


Refer to Item 9.3, CMS 06-23

Abhi Singh and Prannay Singla, Whitby Cricket Association, appeared before Council and noted that cricket is growing rapidly in the Town. Mr. Singh and Mr. Singla noted that there is a lack of cricket facilities in Whitby and that their organization was seeking a permanent cricket facility. The delegates highlighted growing enrollment in the Whitby Cricket Association and noted that demand is year round, with indoor play occurring in the winter in the soccer domes on Rossland Road. 

A brief question and answer period ensued between Members of Council, Mr. Singh, and Mr. Singla regarding the amount of land needed for a permanent cricket pitch, challenges associated with the field quality of temporary cricket pitches, and the importance of high-quality pitching surfaces.

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

Vera Felgemacher, Resident, appeared before Council and indicated that she is in support of a ban on consumer fireworks. She advised that there are alternatives to traditional fireworks including noiseless fireworks and drone displays. Ms. Felgemacher noted that dogs may perceive the noise from fireworks as a threat, activating their fight or flight response, which can lead to post-traumatic stress disorder and injuries. She noted that the overarching goal of animal welfare legislation is to protect animals and permitting consumer fireworks in the Town is contrary to the goals of that legislation. Ms. Felgemacher concluded her delegation highlighting the types of injuries that animals may suffer as a result of fear responses to fireworks.

There was no correspondence.

Planning and Development - June 5 and June 12, 2023

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

  • Resolution #143-23
    Moved byCouncillor Lee
    Seconded byCouncillor Leahy

    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.

    Carried

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

  • Resolution #144-23
    Moved byCouncillor Lee
    Seconded byCouncillor Leahy
    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.
    Carried

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)

  • Resolution #145-23
    Moved byCouncillor Lee
    Seconded byCouncillor Leahy
    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.
    Carried

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

  • Resolution #146-23
    Moved byCouncillor Lee
    Seconded byCouncillor Leahy
    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).
    Carried

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

A question and answer period ensued between Members of Council and Staff regarding: 

  • obtaining more information from the MTO about options to gain care and control over Baldwin Street in Downtown Brooklin; 
  • receiving additional information from Staff about the impacts of terminating the EA:
  • notifying those on the interested parties list to engage them about the potential termination of the EA; 
  • clarification that development charges allocated for the alternative route can not be used to cover a shortfall in revenue or for other projects; 
  • impacts to the Brooklin Secondary Plan related to MTO required setbacks from Highway 7/12; and, 
  • confirmation that the current EA has been funded through development charges and that terminating the EA will not impact property taxes.
  • Moved byCouncillor Leahy
    Seconded byCouncillor Mulcahy
    1. That Staff terminate the Highway 7/12 Alternative 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 Alternative Route Environmental Assessment be notified. 

    Carried later in the meeting (See following motions)


  • Moved byCouncillor Leahy
    Seconded byCouncillor Yamada

    That the motion on the future of the Highway 7/12 Alternative Route EA be deferred until Staff: 

    1. Engage in discussions with the MTO on any alternate means (outside of impacting the Oak Ridges Moraine) of obtaining permanent care and control of the Baldwin Street corridor; and,
    2. Prepare a report summarizing discussions with the MTO and outlining the implications of continuing or terminating the EA.

    Motion lost later in the meeting (See following motions)


  • Moved byCouncillor Lundquist
    Seconded byCouncillor Mulcahy

    That the question related to the deferral motion noted above be called.

    VotersForAgainstConflict
    Councillor LeahyX
    Councillor LeeX
    Councillor MulcahyX
    Mayor RoyX
    Councillor ShahidX
    Councillor YamadaX
    Councillor CardwellX
    Councillor LundquistX
    Councillor BozinovskiX
    Results630
    Carried on a Recorded Vote (6 to 3)
  • Moved byCouncillor Yamada
    Seconded byCouncillor Leahy

    That the motion on the future of the Highway 7/12 Alternative Route EA be deferred until staff: 

    1. Engages in discussions with the MTO on any alternate means (outside of impacting the Oak Ridges Moraine) of obtaining permanent care and control of the Baldwin Street corridor; and,
    2. Prepares a report summarizing discussions with the MTO and outlining the implications of continuing or terminating the EA.
    VotersForAgainstConflict
    Councillor LeahyX
    Councillor LeeX
    Councillor MulcahyX
    Mayor RoyX
    Councillor ShahidX
    Councillor YamadaX
    Councillor CardwellX
    Councillor LundquistX
    Councillor BozinovskiX
    Results360
    Motion Lost on a Recorded Vote (3 to 6)

    The question and answer period between Members of Council and Staff continued regarding: 

    • confirmation that Council can reject the preferred alternative route at the conclusion of the EA; 
    • delegating to the province at the conference for the Association of Municipalities of Ontario regarding transportation needs in Whitby and the future hospital; 
    • the ability to begin a new EA which would not include evaluating lands on the Moraine; 
    • the impact to the development community if Baldwin Street remained under provincial control;
    • clarification from Staff that alternative routes examined in the Moraine were scored equally to routes outside of the Moraine; and, 
    • the unknown impacts on parking in Downtown Brooklin should an alternative route not be constructed.

    Discussion between Members of Council ensued regarding:

    • the changing scope of the EA, noting that the initial scope was to gain local care and control of Baldwin Street and reduce truck traffic; 
    • unacceptable costs, social, and environmental impacts associated with constructing an alternative route on the Moraine; 
    • opportunities to work with the development industry to engage the province in a discussion about possible solutions that could result in local care and control of Baldwin Street; 
    • the overall value of building a lengthy provincial highway to gain control of a short segment of Baldwin Street; and, 
    • hosting a meeting with MTO Staff and the Member of Provincial Parliament to discuss alternative solutions to a bypass.

  • Resolution #147-23
    Moved byCouncillor Leahy
    Seconded byCouncillor Mulcahy

    The main motion was then carried on a recorded vote as follows:

    1. That Staff terminate the Highway 7/12 Alternative 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 Alternative Route Environmental Assessment be notified.
    VotersForAgainstConflict
    Councillor LeahyX
    Councillor LeeX
    Councillor MulcahyX
    Mayor RoyX
    Councillor ShahidX
    Councillor YamadaX
    Councillor CardwellX
    Councillor LundquistX
    Councillor BozinovskiX
    Results630
    Carried on a Recorded Vote (6 to 3)

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

  • Resolution #148-23
    Moved byCouncillor Lee
    Seconded byCouncillor Leahy
    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.
    Carried

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

  • Resolution #149-23
    Moved byCouncillor Lee
    Seconded byCouncillor Leahy
    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.
    Carried

General Government - June 5 and June 12, 2023

Re: Review of Residential Construction Dust Permit Program

  • Resolution #150-23
    Moved byCouncillor Yamada
    Seconded byCouncillor Shahid
    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.      
    Carried

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

  • Resolution #151-23
    Moved byCouncillor Yamada
    Seconded byCouncillor Shahid
    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.
    Carried

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

A question and answer period ensued between Members of Council and Staff regarding:

  • the amount of land required for baseball diamonds and cricket fields; 
  • accommodating future demand for sports fields and recreational spaces; 
  • opportunities to locate parks adjacent to open space areas to maximize lands available for recreational purposes;
  • reducing the size of district parks and receiving cash-in-lieu payments to offset the cost of land for Sports Field Parks; 
  • working with the Brooklin Landowners Groups to develop a master parks agreement in consideration of the report recommendations; and, 
  • potential locations for a Sports Field Park.
  • Moved byCouncillor Bozinovski
    Seconded byCouncillor Leahy
    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.

    Carried later in the meeting (See following motion)


  • Moved byCouncillor Lee
    Seconded byCouncillor Shahid

    That Item 5 be added to the main motion, as follows:

    5. That Staff be directed to report to Council in September 2023 on the status of the parks master plan agreement.

    Carried

    The main motion, as amended, was then carried as follows:


  • Resolution #152-23
    Moved byCouncillor Bozinovski
    Seconded byCouncillor Leahy
    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; 
    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; and, 
    5. That Staff be directed to report to Council in September 2023 on the status of the parks master plan agreement.
    Carried

Re: Urban Forestry Update - Spring 2023

  • Resolution #153-23
    Moved byCouncillor Yamada
    Seconded byCouncillor Shahid

    That Report CMS 07-23 be received as information.

    Carried

Re: Annual Insured Claims Report

  • Resolution #154-23
    Moved byCouncillor Yamada
    Seconded byCouncillor Shahid

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

    Carried

Re: Building Permit Fees Annual Financial Report 2022

  • Resolution #155-23
    Moved byCouncillor Yamada
    Seconded byCouncillor Shahid

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

    Carried

Re: 2022 Year End Operating Budget Variances and Reserve Funds

  • Resolution #156-23
    Moved byCouncillor Yamada
    Seconded byCouncillor Shahid

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

    Carried

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

  • Resolution #157-23
    Moved byCouncillor Yamada
    Seconded byCouncillor Shahid

    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.

    Carried

Re: Whitby Firefighters – Fallen Firefighters Memorial

  • Resolution #158-23
    Moved byCouncillor Yamada
    Seconded byCouncillor Shahid
    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.
    Carried

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

  • Resolution #159-23
    Moved byCouncillor Yamada
    Seconded byCouncillor Shahid

    That report FES 04-23 be received for information.

    Carried

Re: The IDEA Project, Journey to Inclusivity Status Update

  • Resolution #160-23
    Moved byCouncillor Yamada
    Seconded byCouncillor Shahid

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

    Carried

Re: Town of Whitby Official Tree Campaign

  • Resolution #161-23
    Moved byCouncillor Yamada
    Seconded byCouncillor Shahid
    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.
    Carried

Re: Family Physician Recruitment Update

  • Resolution #162-23
    Moved byCouncillor Yamada
    Seconded byCouncillor Shahid
    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.
    Carried

Re: Canada Mortgage and Housing Corporation – Housing Accelerator Fund

A brief question and answer period ensued between Members of Council and Staff regarding inclusionary zoning in the major transit station area near the Whitby GO Station and clarification that inclusionary zoning is being studied at this point in time. 

  • Resolution #163-23
    Moved byCouncillor Leahy
    Seconded byCouncillor Shahid
    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.
    Carried

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

A brief question and answer period ensued between Members of Council and Staff regarding removal of the 12-hour waiting period prior to a tow being authorized and clarification from Staff about the notification process between property owners and the Town's Enforcement Services Division that takes place prior to a vehicle being towed.

  • Resolution #164-23
    Moved byCouncillor Leahy
    Seconded byCouncillor Bozinovski
    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.
    Carried
  • Moved byCouncillor Bozinovski
    Seconded byCouncillor Yamada

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

    Carried later in the meeting (See following motion)


  • Moved byCouncillor Bozinovski
    Seconded byCouncillor Yamada

    That the main motion be amended by striking Darren Park.

    Carried

    The main motion, as amended, was then carried as follows:


  • Resolution #165-23
    Moved byCouncillor Bozinovski
    Seconded byCouncillor Yamada

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

    Carried

There were no notices of motion.

There was no new and unfinished business.

13.

 
  • Resolution #166-23
    Moved byCouncillor Bozinovski
    Seconded byCouncillor Cardwell

    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.

    Carried

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

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

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

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

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

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

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 

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

  • Resolution #167-23
    Moved byCouncillor Lundquist
    Seconded byCouncillor Leahy

    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.

    Carried
  • Moved byCouncillor Shahid
    Seconded byCouncillor Cardwell

    That the meeting adjourn.

    Carried

    The meeting adjourned at 1:40 a.m.


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