Regular Council Meeting Agenda April 26, 2021 – 7:00 PM Virtual Meeting
Due to the ongoing COVID-19 pandemic, this Council meeting will be held in a virtual meeting. Members of the public will not be permitted to attend this meeting in-person, however, the meeting is available for viewing through the Town's live stream feed atwww.whitby.ca/livestream.
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If you do not wish to participate, but wish to watch the meeting, it will be available for live viewing through the Town’s live stream feed at www.whitby.ca/livestream.
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Call to Order: The Mayor
Call of the Roll: The Clerk
1. Declarations of Pecuniary Interest
2. Adoption of Minutes
2.1 Regular Council - March 8, 2021 (Confidential Minutes Under Separate 16 - 70 Cover) Special Council - March 8, 2021 Special Council - March 29, 2021 Special Council - April 19, 2021
3. Presentations
3.1 Jim Lawrie, Accessibility Advisory Committee Award/Recognition: Longstanding Service on the Accessibility Advisory Committee
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3.2 Gerry Moote, Inspector, Durham Regional Police Service Re: 2021 Community Safety Plan
4. Delegations
5. Correspondence
5.1 That the following requests be endorsed: • April 2021 - World Autism Awareness Month • April 28, 2021 - Day of Mourning • May 1, 2021 - First Responders Day • May 3 to 9, 2021 - Maternal Mental Health Week • May 10 to 14, 2021 - Flag Raising - Nursing Week • May 10 to 16, 2021 - Nursing Week • May 14, 2021 - Apraxia Awareness Day • May 17 to 21, 2021 - Flag Raising - International Day Against Homophobia, Transphobia and Biphobia • May 28, 2021 - Bullying Elimination Day • June 15, 2021 - World Elder Abuse Awareness Day
Recommendation: That the proclamations for World Autism Awareness Month, Day of Mourning, First Responders Day, Maternal Mental Health Week, Nursing Week, Apraxia Awareness Day, Bullying Elimination Day, and World Elder Abuse Awareness Day and the flag raisings for Nursing Week and International Day Against Homophobia, Transphobia and Biphobia be endorsed.
5.2 Memorandum from J. Romano, Commissioner of Community Services, 71 - 74 dated April 20, 2021 regarding 2021 Dates of Significance for Proclamations
Recommendation: That the proclamations from May 2021 to December 2021 outlined in the Memorandum from J. Romano, Commissioner of Community Services, dated April 20, 2021, be endorsed.
6. Committee of the Whole Report Planning and Development - April 12, 2021
6.1 Memorandum from R. Saunders, Commissioner of Planning and Development, dated April 12, 2021 regarding the Heritage Whitby Advisory Committee's 2020 Annual Report
Recommendation:
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That the Heritage Whitby Advisory Committee's 2020 Annual Report be received for information.
6.2 Planning and Development Department Report, PL 14-21 Re: Sign By-law Variance to Permanent Sign By-law for 1615 Dundas Street East (McDonald’s), File No. SB-01-21
Recommendation: That Council approve the request for a variance to the Town of Whitby Permanent Sign By-law #7379-18 for McDonald’s, located at 1615 Dundas Street East, given that the proposed signs will only be visible to persons who enter the McDonald’s property for the purpose of accessing the drive-through.
6.3 Planning and Development Department Report, PL 15-21 Re: Sign By-law Variance to Permanent Sign By-law for 70 Thickson Road South (Taco Bell), File Number: SB-05-20
Recommendation: That Council approve the request for a variance to the Town of Whitby Permanent Sign By-law # 7379-18 for Taco Bell, located at 70 Thickson Road South, given that the proposed signs will not be digital and will only be visible to persons who enter the Taco Bell property for the purpose of accessing the drive-through.
6.4 Planning and Development Department Report, PL 16-21 Re: Interim Control By-law Study Work Plan
Recommendation: That Report PL 16-21 be received for information.
6.5 Planning and Development Department Report, PL 17-21 Re: Designation of the Malcolm McTaggart House at 9455 Baldwin Street North, as being of Cultural Heritage Value or Interest under Part IV of the Ontario Heritage Act, R.S.O. 1990 c. O.18.
Recommendation: 1. That a Notice of Intention to Designate the property identified as the Malcolm McTaggart House at 9455 Baldwin Street North, be published as per Section 29 (1.1) of the Ontario Heritage Act, R.S.O. 1990 c. O.18, as amended; 2. That, if there are no objections to the designation in accordance with Section 29 (6) of the Ontario Heritage Act, the Clerk be authorized to introduce a by-law designating the property under Part IV, Section 29 of the Ontario Heritage Act; and, 3. That, if there are objections in accordance with Section 29 (7) of
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the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Conservation Review Board.
6.6 Planning and Development Department Report, PL 18-21 Re: Requests for exemptions from Interim Control By-law # 7699-20 and # 7700-20
Recommendation: That Council approve the requests for exemptions from Town of Whitby Interim Control By-laws # 7699-20 and # 7700-20 for 205 Starr Avenue, 500 Henry Street, 247 Garrard Road, 72 Garrard Road, 44 Garrard Road, and 56 Meadow Crescent.
6.7 Planning and Development Department Report, PL 19-21 Re: G & L Group Ltd., Devil’s Den Golf Course, 745 Winchester Road West and 5515 Coronation Road
Recommendation: 1. That a By-law to adopt Official Plan Amendment No. 99, and a By- law to amend Zoning By-law # 1784 be brought forward for consideration by Council to permit the development of the Devil’s Den Golf Course; and, 2. That MD-1970 be removed from the New and Unfinished Business List.
6.8 Planning and Development Department Report, PL 21-21 75 Re: Draft Plan of Subdivision and Zoning By-law Amendment Applications, East Valley and Brooklin Development General Partner Limited, 6605 Cochrane Street, File Number: DEV-05-20 (SW-2020-02, Z-04-20)
Recommendation: 1. That Council approve the Draft Plan of Subdivision (File No. SW- 2020-02) subject to the comments included in Planning Report PL 21-21 and the Conditions of Draft Approval included in Attachment #10; 2. That Staff be authorized to prepare a Subdivision Agreement; 3. That the Region of Durham Commissioner of Planning and Development be advised of Council’s decision; 4. That Williams and Stewart Associates Ltd. be appointed as the Control Architect for the Draft Plan of Subdivision; 5. That the Clerk forward a Notice to those parties and agencies that requested to be notified of Council’s decision; 6. That Council approve an amendment to Zoning By-law 1784 (File Z-04-20), as outlined in Planning Report PL 21-21; and,
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7. That a By-law to amend Zoning By-law 1784 be brought forward for consideration by Council.
7. Committee of the Whole Report General Government - April 12 and 19, 2021
7.1 Memorandum from J. Schofield, Project Manager - Sustainability and Climate Change, dated March 24, 2021 regarding the Whitby Sustainability Advisory Committee's 2020 Annual Report
Recommendation: That the Whitby Sustainability Advisory Committee's 2020 Annual Report be received for information.
7.2 Memorandum from Andre Gratton, Manager of Enforcement Services, dated April 7, 2021 regarding the Update on Request for Fence By-law Exemption, Correspondence # 2020-090 for 48 Flint Crescent, Whitby, ON
Recommendation: 1. That the Memorandum from A. Gratton, Manager of Enforcement Services, dated April 7, 2021 regarding a request for an exemption to Fence By-law # 4394-99 at 48 Flint Crescent related to rear and side yard fences be received for information; and, 2. Notwithstanding any other provisions of Fence By-law # 4394-99 to the contrary, a privacy fence 2.3 metres high is permitted in the side yard between 46 and 48 Flint Crescent, and a privacy fence 2.4 metres high is permitted in the rear yard between 40 and 42 Sutcliffe Drive and 48 Flint Crescent.
7.3 Legal and Enforcement Services Report, LS 02-21 Re: Award to DocuPet Services Ltd. for Whitby Pet Licensing Services
Recommendation: 1. That Council approve the sole source award to DocuPet Services Ltd. for animal licensing services based on the terms outlined in Report LS 02-21; 2. That the Mayor and Clerk be authorized to execute the agreement with DocuPet Services Ltd., together with any other documents necessary to give effect to the agreement, subject to the satisfaction of the Town Solicitor; and, 3. That staff bring forward an amendment to the Town’s Fees and Charges By-law for animal licensing fees pursuant to Report LS 02-21.
7.4 Office of the Chief Administrative Officer Report, CAO 09-21
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Re: Farmers’ Market – 2021 Update
Recommendation: 1. That report CAO 09-21 be received for information; and, 2. That staff be authorized to prepare an agreement between the Durham Region Farmers’ Market Association and the Town of Whitby, in accordance with the recommendations contained in Report CAO 09-21, for use of Municipal Parking Lot 9 in Brooklin and Celebration Square at the Whitby Public Library effective May 1, 2021 to October 31, 2024.
7.5 Office of the Chief Administrative Officer, Community Services Department, and Public Works Department Joint Report, CAO 11-21 Re: 2021 Earth Day and Provincial Day of Action on Litter Celebrations
Recommendation: 1. That Report CAO 11-21 be received as information; 2. That Council recognize May 11, 2021, as the Provincial Day of Action on Litter; and, 3. That this report be forwarded to Whitby Advisory Committees of Council as correspondence for information.
7.6 Public Works Department and Legal and Enforcement Services Joint Report, PW 9-21 Re: No Parking within the Municipal Boulevard
Recommendation: 1. That Report PW 9-21 be received for information; and, 2. That MD-5659 be removed from the New and Unfinished Business listing.
7.7 Public Works Department Report, PW 11-21 Re: Impact of COVID-19 on Curbside Waste Generation
Recommendation: That Public Works report PW 11-21 be received as information.
7.8 Public Works Department Report, PW 13-21 Re: Brooklin South Interim Resources Strategy [Revised]
Recommendation: 1. That Council approve staff report PW 13-21 recommendation for an Interim Resources Strategy for the Brooklin South Draft Plans Review Stage which is to engage engineering consultants to be funded by the Brooklin South (C & A) Landowners Group (See Attachment 1).
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2. That Council approve the list of consultants, as presented in staff report PW 13-21 to be retained by the Town as sole source consultants to provide Engineering Consultant services at the Draft Plan Application stage for the Brooklin South Developments as shown in Attachment 1; and, 3. That staff continue to provide status updates as required, to Council on the recommended resource strategy for the Brooklin expansion.
7.9 Community Services Department Report, CMS 06-21 Re: Appointment of Members to the 55+ Recreation Advisory Committee and an Update on Current 55+ Recreation Activities
Recommendation: 1. That Council approve and appoint the following individuals to the Whitby 55+ Recreation Advisory Committee for a period of one year ending December 31, 2021: • Mary Poirier • Maureen Licsi • Joanne Smith • Sharon Bagatto 2. That Council receive as information an update on current activities offered by 55+ Recreation during the pandemic.
7.10 Confidential Legal and Enforcement Services and Public Works Department Joint Report, LS 03-21 Re: Proposed Purchase of Storm Drain Easement at 122 Way Street, Whitby
Recommendation: 1. That staff be directed to proceed with Option 3 as set out in Report LS 03-21; and, 2. That the Mayor and Clerk are authorized to execute the easement agreement for 122 Way St. that is included as Attachment 1 to Report LS 03-21, together with any other documents necessary to give effect to the agreement.
7.11 Confidential Memorandum from C. Harris, Town Clerk dated March 29, 2021 regarding Recommendation for Appointment to the Property Standards Appeal Committee
Recommendation: That Council appoint Ryan Peers to the Property Standards Appeal Committee for the term ending November 14, 2022 or until a successor is appointed.
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7.12 Memorandum from J. Romano, Commissioner of Community Services, dated April 9, 2021 regarding Forest Heights Park basketball court relocation
Recommendation: 1. That the Memorandum from J. Romano, Commissioner of Community Services, dated April 9, 2021 regarding Forest Heights Park basketball court relocation be received for information; and, 2. That Staff be directed to continue to explore relocating the basketball court along the north side of the north soccer field adjacent to the Durham District School Board property and report to Council at a future date.
7.13 Correspondence # 2021-401 from the Mary Medeiros, City Clerk, City of Oshawa, dated April 8, 2021 regarding the process to establish the City of Oshawa including the lands in Oshawa operated by Hamilton-Oshawa Port Authority as a Foreign Trade Zone
Recommendation: That Correspondence # 2021-401 from the Mary Medeiros, City Clerk, City of Oshawa, dated April 8, 2021 regarding the process to establish the City of Oshawa including the lands in Oshawa operated by Hamilton- Oshawa Port Authority as a Foreign Trade Zone be received for information.
7.14 Financial Services Department Report, FS 10-21 Re: Remuneration and Expenses paid to Mayor and Members of Council and Council Appointees to Boards – 2020
Recommendation: That Report FS 10-21 of the Commissioner, Financial Services/Treasurer be received for information.
7.15 Public Works Department and Financial Services Department Joint Report, FS 15-21 Re: T-7-2021 – Garden Street Multi-Use Path and Tree Planting (from Dryden Boulevard to Taunton Road)
Recommendation: 1. That Tender T-7-2021 be awarded to Wyndale Paving Co. Ltd, in the amount of $431,382.75 (plus applicable taxes), funded from the capital project 40206009 – Garden Street Multi-Use Path and Tree Planting (from Dryden to Taunton); 2. That the revised cost estimate of $670,396.00 for the Garden Street Multi-Use Path project (capital project 40206009) be
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approved; 3. That Staff continue to review further opportunities to plant additional trees in the adjacent boulevards, including along Chiltern Place, as part of the Garden Street Multi-Use and Tree Planting project and as part of the future widening of Garden Street; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.
7.16 Public Works Department and Financial Services Department Joint Report, FS 17-21 Re: T-513-2021 – Surface Treatment and Slurry Seal
Recommendation: 1. That Tender T-513-2021 be awarded to Miller Paving Limited, in the amount of $211,144.50 (plus applicable taxes), for 2021 surface treatment and slurry seal works, to be funded from the capital projects listed in Table 2 of Report FS 17-21; 2. That the revised cost estimates, totaling $254,860.65, for the three capital projects noted in Table 2 of Report FS 17-21 be approved; 3. That approval be granted to extend this contract for one (1) additional term subject to budget approval and the Contractor’s successful performance of the previous term including product quality and timely delivery; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.
7.17 Community Services Department and Financial Services Department Joint Report, FS 19-21 Re: T-11-2021 – Playground Improvements Davies, Ennisclare and Hannam Parks
Recommendation: 1. That Tender T-11-2021 be awarded to Gray’s Landscaping & Snow Removal Inc. in the amount of $260,493.45 (plus applicable taxes), for 2021 Playground Improvements for Davis, Ennisclare and Hannam Parks, to be funded from the capital projects listed in Table 2 of Report FS 19-21; 2. That the revised cost estimates totaling $550,755.55, for the three capital projects noted in Table 2 of Report FS 19-21 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract documents.
7.18 Financial Services Department Report, FS 20-21 Re: 2021 Final Tax Billing
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Recommendation: 1. That the property tax rates for the year 2021, General Municipal Town Levies be approved as indicated in Schedule “A”, attached to Report FS 20-21; 2. That staff be authorized to calculate the special tax levy and tax rates for the properties located within the Downtown Whitby Business Improvement Area (BIA) for the purposes of a Special Tax Levy by-law for the BIA following Council receipt and approval of the BIA’s 2021 Budget; 3. That the final tax bill due dates for the Residential, Farmland, Pipeline and Managed Forest tax classes be June 24, 2021 and September 24, 2021; 4. That the final tax bill due dates for the capped tax classes (Commercial, Industrial and Multi-Residential) also be established for June 24, 2021 and September 24, 2021; 5. That prior to the issuance of the final tax bills, the Treasurer be authorized to adjust the due dates for the capped tax classes only and notify Council at the earliest opportunity; and, 6. That a By-Law for the General Municipal Town Levies and a separate bylaw for the Special Tax Levy in support of the BIA, to set the due dates and levy rates for 2021 in accordance with the approved budgets and regulations, be brought forward at a future Council meeting.
7.19 Financial Services Department Report, FS 21-21 Re: Delegated Authority for Grant Applications and Procurements
Recommendation: 1. That staff be delegated the authority to submit all Federal or Provincial grants applications, normally requiring Council authorization beforehand, until April 1, 2023 subject to the agreement of the Chief Administrative Officer, Commissioner responsible for the project, and the Treasurer; 2. That the Treasurer, Commissioner, and Senior Manager of Procurement be delegated authority to award all contracts related to Federal or Provincial grant projects, that are within budget and normally require Council authorization beforehand, until April 1, 2023; and, 3. That staff report on grant applications submitted, grant agreements executed, and procurements awarded, that normally would require Council approval, at the earliest opportunity following the event.
7.20 Office of the Town Clerk Report, CLK 05-21 Re: Boards and Committees Code of Conduct Update
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Recommendation: 1. That the Clerk be directed to bring forward a by-law to adopt the amendments to the Boards and Advisory Committees Code of Conduct as shown in Attachment 1 appended to Report CLK 05- 21; and, 2. That the Clerk be directed to circulate a copy of Council’s decision and Report CLK 05-21 to Mr. Guy Giorno, Integrity Commissioner.
7.21 Public Works Department Report, PW 15-21 Re: Highway 7/12 Alternate Route Environmental Assessment Status Update and Short Term Project Management Strategy
Recommendation: 1. That Council receive status update for Highway 7/12 Alternate Route Environmental Assessment (EA) Study; 2. That Council approve the additional expenditure of $75,000, to a total of $125,000, to Bumstead Integrated Transportation Consulting Ltd. as Senior Project Manager for the project, funded from capital project 40160502 - EA Study for Highway 7/12 Alternate Route; and, 3. That Council approve the continuation of the sole source of Bumstead Integrated Consulting Ltd. as the Senior Project Manager for the EA Study for Highway 7/12 Alternate Route, in accordance with the Purchasing Policy, as the consultant is already at work on the project.
7.22 Legal and Enforcement Services Report, LS 04-21 Re: Stop Up and Close Part of Way Street to Correct Title Issue (68 Way Street)
Recommendation: 1. That Council stop up and close a portion of Way Street as a public highway being Part Lot 24, Concession 6, designated as Part 9 on Plan 40R-27926, Town of Whitby (PIN 26572-2372 (LT)) (the “Subject Lands”); 2. That Council waive the Town’s requirement of giving public notice of its intention to stop up and close the Subject Lands as a public highway; and, 3. That a by-law be brought forward authorizing the stopping up and closing of the Subject Lands as a public highway.
7.23 Legal and Enforcement Services and Office of the Town Clerk Joint Report, LS 05-21 Re: Election Sign By-law Survey Results and proposed Election Sign By-
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law
Recommendation: 1. That Staff Report LS 05-21 be received for information; 2. That the Clerk be directed to bring forward a stand-alone Election Sign By-law to give effect to the recommendations contained in Section 4.3 of Report LS 05-21, except that signs for candidates in provincial and federal elections be required to be separated by a minimum distance of 250 metres instead of 500 metres on arterial and regional roads; 3. That the Clerk be directed to bring forward a by-law to amend Temporary Sign By-law # 5696-05 to remove provisions in the by- law regulating election signs; and, 4. That Item MD-4917 be removed from the General Government New and Unfinished Business List.
7.24 Fire and Emergency Services Department Report, FR 02-21 Re: Provincial Grant Opportunity for Whitby Fire and Emergency Services
Recommendation: 1. That the Town of Whitby Council endorse the Town’s application for the 2020/2021 Fire Safety Grant provided by the Office of the Ontario Fire Marshal and Emergency Management (OFMEM); 2. That a new capital project be established in the amount of $36,200 funded from the Fire Safety Grant; and, 3. That staff be authorized execute all agreements related to the Fire Safety Grant.
7.25 Highway 412 and 418 Tolls
Recommendation: Whereas the Council of the Town of Whitby has on four previous occasions requested that the Province remove tolls on Highway 412 (see attached Resolutions 602-16, 391-17, 181-18, and 232-19);
Whereas all other Ontario link highways to and from Highway 401 except those in Durham Region are non-tolled highways; and,
Whereas the municipality of Whitby and Council at the time of the decision making was aware of the tolls to the 407 but not that of the 412; and
Whereas Highway 427 has recently seen improvements valued at more than 600 million dollars funded provincially and not from tolls; and
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Whereas tolls on Highway 412 and 418 are a distinct disadvantage and disincentive to Durham Region to efficiently move goods, services and people and to attract and retain prestige industrial and office investments and value added jobs for the employment lands abutting the provincial highway; and,
Whereas Highways 412 and 418 are underutilized because of the tolls, resulting in increased traffic on local collector roads and Highway 401;
Whereas in 2018 election promises were made to remove the tolls from the 412 and 418,
Whereas in the last four years of tolling operations, the toll rates have increased by 2.27% (page 37 of Ministry of Transportation Tolling Analysis Report April 2021);
Now Therefore be it Resolved:
1. That the Council of the Town of Whitby requests that Lorne Coe, M.P.P. for Whitby, and all other Durham Area MPPs work with the Minister of Transportation to address the inequalities between Durham 400 series highways and other GTA 400 series highways, to eliminate the tolls on Highways 412 and 418 as was promised in 2018; 2. That Council and Staff work to develop a strategy for continued municipal advocacy surrounding the removal of the 412 and 418 tolls; 3. That the Clerk circulate this to all other area municipalities and Durham Region for endorsement; 4. That the Clerk be directed circulate a copy of this resolution to Premier Doug Ford; the Honourable Caroline Mulroney, Minster of Transportation and Minister of Francophone Affairs; the Honourable Peter Bethenfalvy, Minister of Finance and President of the Treasury Board; Lorne Coe, MPP Whitby; all Durham Region MPPs; John Henry, Regional Chair; and Durham Area Municipalities; and, 5. That the responsibility of changes to tolling contracts for the 412 and 418 should be borne by the province as the Municipality of Whitby were not involved or aware of the tolling decisions.
For information only - Committee of the Whole Minutes of April 12, 2021 76 - 112 and April 19, 2021.
8. Notice of Motion
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9. New and Unfinished Business
10. By-Laws That the following by-laws be passed:
10.1 By-law # 7737-21, being a by-law to stop up and close part of the Public 113 Highway known as Way Street.
Refer to LS 04-21, Stop Up and Close Part of Way Street to Correct Title Issue (68 Way Street)
10.2 By-law # 7738-21, being a by-law to Amend the Boards and Advisory 114 - 115 Committees Code of Conduct By-law # 7246-17.
Refer to CLK 05-21, Boards and Committees Code of Conduct Update
10.3 By-law # 7739-21, being a by-law to Amend By-law 1862-85, being a By- 116 - 117 law to Regulate Traffic on the Highways and on Certain Private Roadways in the Town of Whitby.
10.4 By-law # 7740-21, being a by-law to set and levy tax rates for the 118 - 122 calendar year 2021 for the Town of Whitby and to set penalty and interest rates for unpaid taxes.
Refer to FS 20-21, 2021 Final Tax Billing
10.5 By-law # 7741-21, being a by-law to adopt Amendment Number 121 to 123 - 126 the Official Plan of the Town of Whitby.
Refer to PL 06-21, Official Plan Amendment and Zoning By-law Amendment Applications, 20 Taunton Road East, Calloway REIT (Whitby NE), File No. DEV-16-20 (OPA2020-W/02, Z-11-20)
10.6 By-law # 7742-21, being a by-law to amend By-law # 1784, as amended, 127 - 130 being the Zoning By-law of the Town of Whitby.
Refer to PL 06-21, Official Plan Amendment and Zoning By-law Amendment Applications, 20 Taunton Road East, Calloway REIT (Whitby NE), File No. DEV-16-20 (OPA2020-W/02, Z-11-20)
10.7 By-law # 7743-21, being a by-law to designate certain portions of a 131 - 132 registered Plan of Subdivision (SW-2013-04) as not being subject of Part Lot Control.
10.8 By-law # 7744-21, being a by-law to adopt Amendment Number 99 to the 133 - 136 Official Plan of the Town of Whitby.
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Refer to PL 19-21, G & L Group Ltd., Devil’s Den Golf Course, 745 Winchester Road West and 5515 Coronation Road
10.9 By-law # 7745-21, being a by-law to amend By-law # 1784, as amended, 137 - 141 being the Zoning By-law for the Town of Whitby.
Refer to PL 19-21, G & L Group Ltd., Devil’s Den Golf Course, 745 Winchester Road West and 5515 Coronation Road
That leave be granted to introduce By-laws # 7737-21 to # 7745-21 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.
11. Confirmatory By-Law
11.1 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 April 26, 2021 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.
12. Adjournment
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Regular Council Minutes March 8, 2021 - 7:00 PM Council Chambers/Virtual Meeting Whitby Town Hall
Present: Mayor Mitchell Councillor Drumm (Participating Electronically) Councillor Leahy (Participating Electronically) Councillor Lee (Participating Electronically) Councillor Mulcahy (Participating Electronically) Councillor Newman (Participating Electronically) Councillor Roy (Participating Electronically) Councillor Shahid (Participating Electronically) Councillor Yamada (Participating Electronically) Also Present: M. Gaskell, Chief Administrative Officer S. Beale, Commissioner of Public Works W. Mar, Commissioner of Legal and Enforcement Services/Town Solicitor J. Romano, Commissioner of Community Services R. Saunders, Commissioner of Planning and Development D. Speed, Fire Chief F. Wong, Commissioner of Financial Services/Treasurer H. Ellis, Executive Advisor to the Mayor C. Harris, Town Clerk K. Narraway, Manager of Legislative Services/Deputy Clerk (Recording Secretary)
Regrets: None noted
Introductory Remarks Regarding the COVID-19 Pandemic
Prior to the Call of the Roll, Mayor Mitchell and Members of Council expressed their sympathy to those who had passed away from COVID-19 over the past year. Mayor Mitchell led Council in the observance of a moment of silence to reflect on those who had been lost, including those who had passed
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away in long-term care homes. Members of Council recognized the hardships experienced by the community during the pandemic and thanked the community for its vigilance, resiliency, compassion and support for each other.
1. Declarations of Pecuniary Interest
1.1 Mayor Mitchell declared a pecuniary interest under the Municipal Conflict of Interest Act regarding Item 2.1, Presentation, Doug Allingham and Leo Plue, Members, Hospital Task Force, Re: Hospital Task Force 2021 Update, and Item 4.1, Office of the Chief Administrative Officer and Planning and Development Department Joint Report, CAO 03-21, Re: Hospital Task Force Update on the February 22, 2021 Special Council Meeting Agenda as the lands under discussion in relation to these matters abut or sit upon a portion of 5455 Ashburn Road, a property that Mayor Mitchell and his family have an interest in. Mayor Mitchell did not attend the February 22, 2021 Special Council Meeting and as such, declared the pecuniary interest at the next meeting of Council, in accordance with the Municipal Conflict of Interest Act.
2. Adoption of Minutes
2.1 Regular Council - January 25, 2021 Special Council - February 1, 2021 (Confidential Minutes Under Separate Cover) Special Council - February 8, 2021 (6:00 p.m.) (Confidential Minutes Under Separate Cover) Special Council - February 8, 2021 (7:00 p.m.) Special Council - February 22, 2021 Special Council - February 25, 2021
Resolution # 39-21
Moved By Councillor Drumm Seconded By Councillor Lee
That the Regular Council minutes of January 25, 2021 and the Special Council minutes of February 1, February 8 (6:00 p.m.), February 8 (7:00 p.m.), February 22 and February 25, 2021 be adopted.
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Carried
3. Presentations
3.1 Matthew Gaskell, Chief Administrative Officer Re: Town of Whitby – COVID-19 Update Matthew Gaskell, Chief Administrative Officer, appeared before Council and provided a PowerPoint presentation regarding impacts on the Town of Whitby due to the ongoing COVID-19 pandemic. Highlights of the presentation included: challenges faced by the Town in 2020 and ongoing considerations related to the pandemic that are forecast to continue to affect the Town's operations throughout 2021; a timeline of actions taken by the Town and Staff in response to the pandemic and fluctuating public health restrictions; impacts to the Town's operations including service adjustments, a hiring freeze for new positions, reduced hiring of summer students, the closure of recreation facilities, project delays, and future unknown costs associated with the pandemic; stress and anxiety reported by Staff during the pandemic including an increase in anti-anxiety drug claims observed in the workforce; planning for the gradual reopening of Town facilities and services in accordance with the Province's COVID-19 response framework; focusing on the continued transition to the use of virtual tools to provide services in accordance with public demand; and, achievements of Staff during the pandemic including the Town's Culture Plan, the Whitby Green Standard, the new website, diversity and inclusion initiatives, Connect Whitby, the Active Transportation Plan, and the Customer Service Strategy. A question and answer period ensued between Members of Council and Mr. Gaskell regarding: opportunities for the Town to assist the Region with the distribution of COVID-19 vaccines; and, grant money received from the Province, how those funds may be used to offset the financial impacts of the pandemic, and reserving funds for future unknown costs related to the pandemic.
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4. Delegations
4.1 Aaron Platt, Partner, Davies Howe LLP on behalf of 70 Taunton Storage GP Corporation Re: Planning and Development Department Report, PL 06- 21 Official Plan Amendment and Zoning By-law Amendment Applications, 20 Taunton Road East, Calloway REIT (Whitby NE), File Number: DEV-16-20 (OPA-2020-W/02, Z-11-20)
Refer to Item 6.2, PL 06-21 Aaron Platt, Partner, Davies Howe LLP appeared before Council and stated that 70 Taunton Storage GP Corporation are the owners immediately to the east of the Calloway REIT property. He advised that he had submitted correspondence regarding the application and had received a response from Staff. He indicated that about a year ago 70 Taunton Storage GP Corporation was before Council for approval of an Official Plan and Zoning By-law amendment for their property. He stated that their proposal had its principle building on the west side of their property with a drive aisle on the east side of the building. He noted that Staff raised concerns about the potential for connectivity of the two properties as both properties were commercial and were accessed by the same arterial road. He advised that at that time, the planner for Calloway REIT raised concerns about the proposed location of the building on the 70 Taunton Storage GP Corporation property as it would reduce opportunities for connectivity to Baldwin Street South. He indicated that these comments were made after Calloway REIT knew that their building would be constructed on the existing drive aisle through their site that could have connected the two properties. He stated that his client revised their proposal to allow for the continuation of the drive aisle in response to comments made at the Public Meeting by representatives of Calloway REIT. He noted that Calloway REIT then appealed 70 Taunton Storage CP Corporation's application on the basis of a lack of connectivity. He stated that the land use planner for Calloway REIT provided testimony about policies in the Official Plan and Secondary Plan about comprehensive planning for integrated site circulation and connectivity, shared access, and limiting the number of access points in this location. He reiterated that the application before Council forecloses on the opportunity for connectivity between the
Page 19 of 141 Agenda Item # 2.1
properties.
Moved By Councillor Newman Seconded by Councillor Drumm
That the rules of procedure be suspended to allow the delegation to exceed the five minute speaking limit.
Carried
Mr. Platt continued his delegation and advised that the proposal would result in traffic having to circulate off of one site and onto the neighbouring site using the arterial road and that this would disrupt movement on sidewalks. He stated that the design of the site should be future-proofed and that it does not reflect the requirements in the Official Plan. He concluded by requesting that Council deny the applications and refer the matter to Staff to require the applicant to identify the location of a drive aisle in order to allow for connectivity between the properties and Baldwin Street South.
4.2 Allan Scully, SmartCentres, David Bronskill, Goodmans LLP, and Mike Dror, Bousfields Re: Planning and Development Department Report, PL 06- 21 Official Plan Amendment and Zoning By-law Amendment Applications, 20 Taunton Road East, Calloway REIT (Whitby NE), File Number: DEV-16-20 (OPA-2020-W/02, Z-11-20)
Refer to Item 6.2, PL 06-21 David Bronskill, Goodmans LLP appeared before Council and advised that he would respond to the previous delegation. He indicated that comprehensive planning has occurred for the two properties. He referenced a memorandum from Staff which indicated that it is no longer necessary for the Town to require access between the two properties. He indicated that in the past his client wanted an opportunity to undertake comprehensive planning between the two sites and noted that the reason for his client's appeal was due to a failure to confirm the final access between the lands and easements that may be required. He noted that his client's appeal was referred to site plan approval to resolve
Page 20 of 141 Agenda Item # 2.1
these concerns. He indicated that the comments made by Mr. Platt regarding the approval process for easements and comprehensive planning are contrary to materials he and his planner filed at the Land Planning Appeal Tribunal (LPAT) and suggested that 70 Taunton GP Storage Corporation was attempting to delay approval of these applications. He requested that Council endorse the Staff recommendation and approve the applications, noting that LPAT has no ability to force the Town to decide whether to retain or extend easements.
4.3 Rodger Miller, Miller Planning Services, and Andrew Sgro, Broccolini Construction Re: Planning and Development Department Report, PL 07- 21 Official Plan and Zoning By-law Amendment Applications, Northeast Corner of Garrard Road and Conlin Road, Garrard Limited Partnership, File Number: DEV-22-20 (OPA-2020- W/04, Z-13-20)
Refer to Item 6.3, PL 07-21 Mr. Miller, Miller Planning Services appeared before Council indicating that he and Mr. Sgro were available to answer questions related to the applications. There were no questions to the delegate from Members of Council.
5. Correspondence
5.1 That the following requests be endorsed: March 11, 2021 - Flags at Half-Mast for the National Day of Observance - To honour those who have passed away in the previous year due to COVID-19 March 27, 2021 - Earth Hour April 2021 - Limb Loss Awareness Month April 22, 2021 - Earth Day May 2021 - Guillain-Barre Syndrome and Chronic Inflammatory Demyelinating Polyneuropathy Awareness Month
Resolution # 40-21
Moved By Councillor Shahid Seconded By Councillor Lee
Page 21 of 141 Agenda Item # 2.1
That the proclamations for Earth Hour, Limb Loss Awareness Month, Earth Day, and Guillain-Barre Syndrome and Chronic Inflammatory Demyelinating Polyneuropathy Awareness Month, and the flags at half-mast for the National Day of Observance to honour those who have passed away in the previous year due to COVID-19 be endorsed.
Carried
6. Committee of the Whole Report Planning and Development - February 22, 2021
6.1 Planning and Development Department Report, PL 01-21 Re: Zoning By-law Amendment Application, Block 10 on Plan 40M-2554 (North Side of Rossland Road East, East of Brock Street North), Whitby (Brock and Rossland) Developments Inc., File Numbers: DEV-05-18 (Z-12-18)
Resolution # 41-21
Moved By Councillor Yamada Seconded By Councillor Mulcahy
1. That Council approve an amendment to Zoning By- law # 1784 (Application No. Z-12-18) for the subject land, to permit the proposed residential development as outlined in Report PL 01-21; and, 2. That a By-law to amend Zoning By-law # 1784, as amended, be brought forward for Council’s approval.
Carried
6.2 Planning and Development Department Report, PL 06-21 Re: Official Plan Amendment and Zoning By-law Amendment Applications, 20 Taunton Road East, Calloway REIT (Whitby NE), File Number: DEV-16-20 (OPA-2020-W/02, Z-11-20)
Resolution # 42-21
Moved By Councillor Yamada Seconded By Councillor Mulcahy
Page 22 of 141 Agenda Item # 2.1
1. That Council approve Official Plan Amendment Number 121 to Whitby Official Plan (OPA-2020- W/02), as shown on Attachment # 6, and that a By- law to adopt Official Plan Amendment Number 121 be brought forward for consideration by Council; 2. That Council approve an amendment to Zoning By- law # 1784 (Z-11-20), and that a By-law to amend Zoning By-law # 1784 be brought forward for consideration by Council; 3. That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision; and, 4. That the Clerk forward a copy of the Planning Report PL 06-21, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Amendment Number 121 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development.
Carried
6.3 Planning and Development Department Report, PL 07-21 Re: Official Plan and Zoning By-law Amendment Applications, Northeast Corner of Garrard Road and Conlin Road, Garrard Limited Partnership, File Number: DEV-22-20 (OPA-2020-W/04, Z-13-20) A brief question and answer period ensued between Members of Council and Staff about the response by Staff to the correspondence received from the Durham Region Cycling Coalition.
Resolution # 43-21
Moved By Councillor Yamada Seconded By Councillor Mulcahy
1. That Council approve Official Plan Amendment Number 120 to the Whitby Official Plan (File: OPA- 2020-W/04), as shown on Attachment # 7, and that a By-law to adopt Official Plan Amendment Number 120 be brought forward for consideration by Council; 2. That Council approve an amendment to Zoning By- law 1784 (File: Z-13-20), and that a by-law to amend
Page 23 of 141 Agenda Item # 2.1
Zoning By-law 1784 be brought forward for consideration by Council; and, 3. That the Clerk forward a copy of Planning Report No. PL 07-21, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Amendment Number 120 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development.
Carried
6.4 Planning and Development Department, PL 08-21 Re: Envision Durham – Major Transit Station Areas Proposed Policy Directions A question and answer period ensued between Members of Council and Staff regarding: maximum building heights permitted in Major Transit Station Areas; confirmation that the proposed policy directions will not result in greater building heights than those approved in the Port Whitby Secondary Plan; density targets in the Port Whitby Secondary Plan and whether they will achieve intensification mandated by the Provincial Places to Grow Act; and, confirmation that Council has the discretion to alter the Port Whitby Secondary Plan density targets and retains the ability to amend the Official Plan in any way deemed appropriate.
Moved By Councillor Yamada Seconded By Councillor Mulcahy
1. That Report PL 08-21 be endorsed as the Town’s comments on the Major Transit Station Area Proposed Policy Directions, as part of the Envision Durham Municipal Comprehensive Review; and, 2. That the Clerk forward a copy of Report PL 08-21 to the Durham Region Planning and Economic Development Department and the Durham area municipalities.
Carried later in the meeting [See following motion]
Page 24 of 141 Agenda Item # 2.1
Moved By Councillor Roy Seconded By Councillor Newman
That the main motion be amended by adding the following as Item 2 and that the remaining items be renumbered accordingly: 2. That the Town of Whitby has undertaken detailed planning following extensive public consultation for the entire Whitby MTSA area and does not support any MTSA provisions that may create an entitlement for additional height or density beyond that currently identified.
Carried
The main motion, as amended, was then carried as follows:
Resolution # 44-21
Moved By Councillor Yamada Seconded By Councillor Mulcahy
1. That Report PL 08-21 be endorsed as the Town’s comments on the Major Transit Station Area Proposed Policy Directions, as part of the Envision Durham Municipal Comprehensive Review; 2. That the Town of Whitby has undertaken detailed planning following extensive public consultation for the entire Whitby MTSA area and does not support any MTSA provisions that may create an entitlement for additional height or density beyond that currently identified; and, 3. That the Clerk forward a copy of Report PL 08-21 to the Durham Region Planning and Economic Development Department and the Durham area municipalities.
Carried
6.5 Planning and Development Department Report, PL 09-21 Re: Downtown Whitby Secondary Plan Update: Phase 1 - Background Review and Analysis
Resolution # 45-21
Page 25 of 141 Agenda Item # 2.1
Moved By Councillor Yamada Seconded By Councillor Mulcahy
That Report PL 09-21 be received for information.
Carried
6.6 Planning and Development Department Report, PL 10-21 Re: Requests for Exemptions from Interim Control By-law # 7699-20
Resolution # 46-21
Moved By Councillor Yamada Seconded By Councillor Mulcahy
1. That Council approve the requests for exemptions from Town of Whitby Interim Control By-law # 7699-20 for 40 Meadow Court, 18 Hillcourt Avenue, and the property at the northern terminus of Hanover Court; and, 2. That Council not approve the request for an exemption from Town of Whitby Interim Control By- law # 7699-20 for 1509 and 1513 Rossland Road East.
Carried
7. Committee of the Whole Report General Government - February 22 and March 1, 2021
7.1 Memorandum from C. Chrus, Manager, Creative Communities, dated February 22, 2021 regarding the Downtown Whitby Development Steering Committee's 2020 Annual Report
Resolution # 47-21
Moved By Councillor Roy Seconded By Councillor Drumm
Page 26 of 141 Agenda Item # 2.1
That the Downtown Whitby Development Steering Committee's 2020 Annual Report be received for information.
Carried
7.2 Memorandum from C. Chrus, Manager, Creative Communities, dated February 22, 2021 regarding the Brooklin Downtown Development Steering Committee's 2020 Annual Report
Resolution # 48-21
Moved By Councillor Roy Seconded By Councillor Drumm
That the Brooklin Downtown Development Steering Committee's 2020 Annual Report be received for information.
Carried
7.3 Financial Services Department Report, FS 05-21 Re: 2020 Tender Awards
Resolution # 49-21
Moved By Councillor Roy Seconded By Councillor Drumm
That Report No. FS 05-21 of the Commissioner of Financial Services be received as information.
Carried
7.4 Financial Services Department Report, FS 08-21 Re: Declare Surplus Part of Byron Street Plan 173 North of Part 1, Plan 40R-25614, PIN 26541-0172 (LT) and Lot 187, Lot 188, Lot 189, Plan 173, Save and Except Parts 1, 6, 7 & 8, 40R-6470, PIN 26541-0092 (LT) for the Purpose of Transfer to the Regional Municipality of Durham – Southwest Corner of Brock Street North and Rossland Road West
Page 27 of 141 Agenda Item # 2.1
Resolution # 50-21
Moved By Councillor Roy Seconded By Councillor Drumm
1. That Part of Byron Street Plan 173 North of Part 1, Plan 40R-25614, PIN 26541-0172 (LT) (“Property #1”) and Lot 187, Lot 188, Lot 189, Plan 173, Save and Except Parts 1, 6, 7 & 8, 40R-6470, PIN 26541-0092 (LT) (“Property #2) (collectively referred to as the “Properties”) as outlined in red on Attachment 1 to this report be declared surplus and be conveyed to the Regional Municipality of Durham, subject to the conditions set out Financial Services Report FS 08- 21; 2. That Council waive the Town’s requirement of giving public notice to convey the Properties; 3. That a by-law be brought forward authorizing the conveyance of the Properties; and, 4. That the Mayor and Clerk be authorized to execute any and all documents necessary to give effect to the conveyance of the Properties to the Regional Municipality of Durham.
Carried
7.5 Financial Services Department Report, FS 11-21 Re: Draft Development Charge Background Study
Resolution # 51-21
Moved By Councillor Roy Seconded By Councillor Drumm
That report FS 11-21 from the Commissioner of Financial Services/Treasurer be received as information.
Carried
7.6 Public Works Department Report, PW 5-21 Re: Brooklin North Major Roads Environmental Assessment
Page 28 of 141 Agenda Item # 2.1
Resolution # 52-21
Moved By Councillor Roy Seconded By Councillor Drumm
1. That Public Works Report PW 5-21 Brooklin North Major Roads Environment Assessment (EA) – Environmental Study Report be received for Information; 2. That staff report PW 5-21 be forwarded to the Central Lake Ontario Conservation Authority (CLOCA), Region of Durham, Elexicon, the Ministry of Transportation and the Ministry of Environment Conservation and Parks; 3. That the Final Environmental Study Report be filed in accordance with the Municipal Class EA process and be made available for agency and stakeholder review; 4. That MD-4149 and MD-5271 be removed from the New and Unfinished Business listing; 5. That staff advise Council if there are any significant comments or concerns following the public consultation; and, 6. That staff continue to develop the strategic 10 year implementation plan for detail design and construction of the new/modified Brooklin Road Network, including but not limited to: scope, staging strategies, further EA work for routes outside the Study Area, design and approvals, route timing, coordination with other agencies, who is doing what from a design and construction perspective, for consideration in future budgets, financial plans and capital programs.
Carried
7.7 Public Works Department and Office of the Chief Administrative Officer Joint Report, PW 8-21 Re: AVIN Status Update
Resolution # 53-21
Moved By Councillor Roy Seconded By Councillor Drumm
Page 29 of 141 Agenda Item # 2.1
That Report PW 8-21 be received for information.
Carried
7.8 Public Works Department and Office of the Town Clerk Joint Report, PW 10-21 Re: Amendment to ToR-AC-02 Active Transportation and Safe Roads Advisory Committee Terms of Reference: Meeting Schedule
Resolution # 54-21
Moved By Councillor Roy Seconded By Councillor Drumm
That Council amend ToR-AC-02 Active Transportation and Safe Roads Advisory Committee Terms of Reference to indicate that the Active Transportation and Safe Roads Advisory Committee shall meet on the second Thursday of the month, six (6) times per calendar year.
Carried
7.9 Office of the Town Clerk Report, CLK 02-21 Re: Amendment to Procedure By-law # 7462-18 - Petitions
Resolution # 55-21
Moved By Councillor Roy Seconded By Councillor Drumm
1. That Staff Report CLK 02-21 be received for information; and, 2. That the Clerk be directed to bring forward the draft by-law appended to this Staff Report as Attachment 1 to amend Procedure By-law # 7462-18 in order to provide clarity around the acceptance of petitions.
Carried
7.10 Office of the Town Clerk Report, CLK 03-21 Re: Brock Street Distilling Company Ltd. – “By The Glass”
Page 30 of 141 Agenda Item # 2.1
Manufacturer’s Limited Liquor Sales Licence Application to the AGCO
Resolution # 56-21
Moved By Councillor Roy Seconded By Councillor Drumm
1. That the Council of the Town of Whitby supports the application made by the Brock Street Distilling Company, located at 244 Brock Street South, Whitby, for a “By The Glass” Manufacturer’s Limited Liquor Sales Licence; and, 2. That the Clerk provide written notice to the Alcohol and Gaming Commission of Ontario (AGCO) and to Brock Street Distilling Company Ltd. notifying them of Council’s resolution confirming its support.
Carried
7.11 Permanent Traffic Calming Devices Including Speed Humps in New and Existing Neighbourhoods
Resolution # 57-21
Moved By Councillor Roy Seconded By Councillor Drumm
Whereas Council has set a goal of making streets and neighbourhoods safer through traffic calming measures that reduce traffic speeds; and,
Whereas traffic speeds in residential neighbourhoods present a safety concern for communities and is a major concern for residents; and,
Whereas speed humps are an effective, low-cost tool that are proven to reduce traffic speeds 24 hours a day, 7 days a week with a minimal impact on cyclists and snow clearing; and,
Whereas the City of Toronto has developed a Traffic
Page 31 of 141 Agenda Item # 2.1
Calming Guide and Traffic Calming Policy that can be referenced by Staff in determining where traffic calming devices including speed humps should be installed in order to reduce impacts to transit and emergency services vehicles;
Now therefore, be it resolved:
1. That Staff identify for all new Brooklin and major development draft plans, recommended locations for the installation of permanent traffic calming devices, including but not limited to, speed humps, as part of road construction; 2. That staff review opportunities and locations to include permanent traffic calming measures, including but not limited to speed humps, for West Whitby developments where possible; 3. That staff as part of the status update report on the Robert Atterlsey Speed Hump Pilot, identify a path forward plan for installation of permanent speed humps on existing streets within the Town; and, 4. The Town staff utilize best practice traffic calming standards, including those used by the City of Toronto, in the application and design of speed humps and other traffic calming devices and update the Town standards where required.
Carried
7.12 Memorandum from K. Narraway, Manager, Legislative Services/Deputy Clerk dated February 19, 2021 regarding Temporary Patio Extensions - Public and Private Property
Resolution # 58-21
Moved By Councillor Roy Seconded By Councillor Drumm
1. That the Memorandum from K. Narraway, Manager, Legislative Services/Deputy Clerk dated February 19, 2021 regarding Temporary Patio Extensions - Public and Private Property be received for information; and, 2. That Staff be directed to report to Council on opportunities to expand the promotion and uptake of
Page 32 of 141 Agenda Item # 2.1
the public property patio program and to make the private property patio program permanent provided all safety, planning, and other compliance matters can be satisfactorily addressed.
Carried
7.13 Office of the Town Clerk Report, CLK 04-21 Re: Customer Service Strategy - Interim Report A brief question and answer period ensued between Members of Council and Staff regarding customer service training for Staff including ongoing virtual training.
Resolution # 59-21
Moved By Councillor Roy Seconded By Councillor Drumm
That Staff Report CLK 04-21, Customer Service Strategy – Interim Report, be received for information.
Carried
7.14 Community Services Department Report, CMS 04-21 Re: Whitby Sports Complex (WSC) – Project Update and Next Steps
Resolution # 60-21
Moved By Councillor Roy Seconded By Councillor Drumm
1. That the Community Services Report, CMS 04-21 be received as information; 2. That Staff be directed to begin the Whitby Sports Complex Community Engagement process and present the three (3) Design Concepts; and, 3. That Staff be directed to report back to Council with the recommended design option considering the feedback received through engagement on the project.
Page 33 of 141 Agenda Item # 2.1
Carried
7.15 Community Services Department and Office of the Chief Administrative Officer Joint Report, CMS 03-21 Re: Whitby Culture Plan [Revised]
Resolution # 61-21
Moved By Councillor Roy Seconded By Councillor Drumm
1. That Council approve the proposed Whitby Culture Plan, as outlined in Attachment 1 to Report CMS 03- 21; 2. That a copy of the approved Whitby Culture Plan be circulated to stakeholders and partners once adopted by Council; and, 3. That an annual update report is presented to Council through a Whitby Culture Plan Report Card, as recommended in the Culture Plan, to monitor and measure implementation and continue community engagement. 4. That further to the correspondence received from the Whitby Public Library and the Whitby Diversity and Inclusion Advisory Committee, that Council endorse the Culture Plan Goal of the Town of Whitby joining the Coalition of Inclusive Municipalities by signing the Coalition’s declaration that a. The Town of Whitby agrees to join the Coalition of Inclusive Municipalities and, in joining the Coalition, endorses the Common Commitments and agrees to develop or adapt its own unique Plan of Action accordingly. b. These Common Commitments and the Town’s unique Plan of Action will be an integral part of the Town’s vision, strategies and policies. c. In developing or adapting and implementing its own unique Plan of Action toward progressive realization of the Common Commitments, the Town of Whitby will cooperate with other organizations and jurisdictions, including other levels of government, Indigenous peoples, public and private sector institutions, and civil
Page 34 of 141 Agenda Item # 2.1
society organizations, all of whom have responsibilities in the area of human rights. d. The Town of Whitby will set its priorities, actions and timelines and allocate resources according to its unique circumstances, and within its means and jurisdiction. The Town will exchange its expertise and share best practices with other municipalities involved in the Coalition and will report publicly on an annual basis on actions undertaken toward the realization of these Common Commitments.
Carried
7.16 Office of the Chief Administrative Officer Report, CAO 06-21 Re: Overview of Creative Communities Team in Strategic Initiatives, Office of the CAO Mayor Mitchell commended the Chief Administrative Officer on the creation of the Creative Communities Team noting that the team will be responsible for implementing the Culture Plan, supporting downtown development, and promoting special events and tourism.
Resolution # 62-21
Moved By Councillor Roy Seconded By Councillor Drumm
1. That report CAO 06-21, Overview of Creative Communities Team in Strategic Initiatives, Office of the CAO, be received for information; 2. That Council fully supports the establishment of a Creative Communities Team within Strategic Initiatives for the Town of Whitby and the key initiatives from the Culture Plan that will be started this year by the Creative Communities team, including the priority of joining the Creative Cities Network of Canada; and, 3. That Staff report to Council on the progress of key initiatives of the Creative Communities Team in 2021 and ongoing as required.
Carried
Page 35 of 141 Agenda Item # 2.1
7.17 Office of the Chief Administrative Officer Report, CAO 07-21 Re: Updates to the Special Events Policy
Resolution # 63-21
Moved By Councillor Roy Seconded By Councillor Drumm
1. That Report CAO 07-21 be received for information; 2. That the updated Special Events Policy appended as Attachment 1 be approved; 3. That the Special Events User Guide (Attachment 2), Special Events Application Form (Attachment 3), and Special Events Procedure (Attachment 4) be received; and, 4. That the Clerk be directed to bring forward a by-law to amend the Special Events Policy By-law # 7506-19 to give effect to the proposed change contained in Report CAO 07-21.
Carried
7.18 Office of the Administrative Officer Report, CAO 08-21 Re: Diversity, Equity & Inclusion Training Plan 2021 [Revised]
Resolution # 64-21
Moved By Councillor Roy Seconded By Councillor Drumm
That report CAO-08-21 be received for information.
Carried
7.19 Office of the Chief Administrative Officer Report, CAO 04-21 Re: Economic Recovery Plan – 2020 Summary
Resolution # 65-21
Page 36 of 141 Agenda Item # 2.1
Moved By Councillor Roy Seconded By Councillor Drumm
1. That Report CAO 04-21 be received as information; 2. That the Clerk forward a copy of Staff Report CAO 04-21 to the Region of Durham’s Planning and Economic Development Department, Whitby Chamber of Commerce, 1855 Whitby Tech Accelerator, Downtown Whitby BIA, MPP Lorne Coe and MP Ryan Turnbull; and, 3. That the Mayor and Clerk be authorized to execute the Memorandum of Understanding with the Region of Durham to participate in the CityStudio pilot project.
Carried
7.20 Office of the Chief Administrative Officer Report, CAO 05-21 Re: Elevate-Talent Initiative
Resolution # 66-21
Moved By Councillor Roy Seconded By Councillor Drumm
1. That Council receive Report # CAO 05-21 for information; and, 2. That Council endorse the BIPOC Connect Talent Initiative.
Carried
7.21 Financial Services Department Report, FS 07-21 Re: 2020 Investment Report
Resolution # 67-21
Moved By Councillor Roy Seconded By Councillor Drumm
1. That Report No. FS 07-21 of the Commissioner, Financial Services and Treasurer be received for information; and,
Page 37 of 141 Agenda Item # 2.1
2. That the Town of Whitby’s Investment Policy, approved by Council on March 9, 2020, remain unchanged for 2021.
Carried
7.22 Public Works Department Report, PW 07-21 Re: Des Newman Boulevard Grade Separation Status Update
Resolution # 68-21
Moved By Councillor Roy Seconded By Councillor Drumm
1. That Report PW 07-21 regarding the status of the Des Newman Boulevard Grade Separation project be received for information; 2. That a change order be issued to GHD (the Town’s current Owner Engineer for the Project), in the amount of $250,000 funded from the Des Newman Grade Separation Phase 1 capital project, to proceed with re-evaluation of the Subway (underpass) alternative; and, 3. That staff continue to keep Council updated on the Subway review and any cost related changes, and report back to Council in the summer/fall of 2021 with the results of the Subway review and recommended next steps for the project.
Carried
7.23 Legal and Enforcement Services and Office of the Town Clerk Joint Report LS 01-21 Re: Election Sign By-law
Note: This item was deferred to the next Committee of the Whole meeting scheduled for April 19, 2021.
7.24 7-Eleven Canada’s Proposal to Serve Alcohol
Resolution # 69-21
Page 38 of 141 Agenda Item # 2.1
Moved By Councillor Roy Seconded By Councillor Drumm
Whereas the Council of the Town of Whitby recognizes the ongoing hardships faced by restaurants, pubs and other food service businesses as a result of mandated closures and patron limits due to Covid-19; and,
Whereas municipalities have been working hard to implement and advocate for business supports (such as providing restaurants the ability to access wine, beer and spirits at wholesale or discounted pricing) to ensure more local businesses survive the pandemic; and,
Whereas convenience stores have not been mandated to close during the pandemic and have not endured undue hardship like other industries; and,
Whereas 7-Eleven Canada has applied to introduce in-store alcohol service at 61 stores throughout Ontario to leverage their open status as a competitive advantage; and,
Whereas approval by the Alcohol and Gaming Commission of Ontario (AGCO) would mean exposing an already vulnerable and hard-hit restaurant/bar industry to further competition; and,
Now Therefore be it Resolved:
1. That the Council of the Town of Whitby oppose 7- Eleven Canada’s proposal to serve alcohol at this time, and ask that the AGCO defer any liquor licensing process until all restaurants/bars in Ontario are able to reopen at full capacity; and, 2. That the Clerk circulate a copy of this resolution to the AGCO; Hon. Doug Downey, Attorney General; Hon. Steve Clark, Minister of Municipal Affairs and Housing; Hon. Prabmeet Sarkaria, Associate Minister of Small Business and Red Tape Reduction; Hon. Peter Bethlenfalvy, Minister of Finance; and Durham Area Municipalities.
Carried
Page 39 of 141 Agenda Item # 2.1
7.25 Durham Region Agriculture Centre of Excellence
Resolution # 70-21
Moved By Councillor Roy Seconded By Councillor Drumm
Whereas Council’s priority is to enhance economic development; and
Whereas Durham College has an existing feasibility study for an agricultural centre; and,
Whereas the Durham Region Federation of Agriculture has an existing feasibility study for a Durham Region agricultural centre of excellence including Luther Vipond Memorial Arena as a potential site; and,
Whereas the Federal Government has funding grants available for agricultural projects in conjunction with the Rouge River National Agriculture Park Lands; and,
Whereas the Provincial Government has funding grants available for agricultural projects; and,
Whereas the Town of Whitby will undergo a Master Plan strategy for Brooklin Memorial Park in 2022; and,
Whereas hubs for various industries have proven to accelerate business and job opportunities; and,
Whereas agricultural technology is one of the fastest growing technologies; and,
Whereas the global pandemic has shown the need for local food resources and the weakness of the delivery chain; and,
Whereas the future growth of Whitby and Brooklin will absorb large spaces of farm fields; and,
Whereas global warming will change the way we produce food; and,
Page 40 of 141 Agenda Item # 2.1
Whereas environmental sustainability is a priority for our municipality and the world; and,
Whereas a regional agriculture centre of excellence meets the following Council Goals:
To deliver local jobs and prosperity through strategic planning and promotion that builds resilience and economic diversity. To continue the Whitby tradition of responsible financial management and respect for taxpayers; and to understand the importance of affordability and sustainability to a healthy, balanced community. To ensure Whitby is clearly seen by all stakeholders to be business and investment friendly and supportive; and to continuously improve the customer experience and the effectiveness and efficiency of communications, service delivery and approvals. To remain the community of choice for families and become the community of choice for job creators. To become the destination of choice for visitors; to realize the economic, cultural and social potential of our green spaces and major attractions; to support and facilitate new community events.
Now Therefore be it Resolved:
1. That Staff be directed to review and report about the possibility of incorporating a Durham Region Agricultural Centre of Excellence as a part of the redevelopment of Brooklin Memorial Park and Luther Vipond Memorial Arena, with a part of the centre to include a year-round public local market; 2. That Staff be directed to review both the Durham Region Federation of Agriculture and Durham College feasibility studies, and investigate all possible funding sources to support the creation of a Durham Region Agricultural Centre of Excellence; and, 3. That the Clerk be directed to circulate a copy of this resolution to the local M.P. and M.P.P.; Ontario Minister of Agriculture, Food and Rural Affairs; Federal Minister of Agriculture and Agri-Food; Regional Chair John Henry; Region of Durham Planning and Economic Development Department; 1855 Accelerator; Durham Region Federation of Agriculture; Brooklin Agricultural Society; Durham
Page 41 of 141 Agenda Item # 2.1
College; and, Ontario Tech.
Carried
7.26 Extension and Expansion of the Digital Main Street Program
Resolution # 71-21
Moved By Councillor Roy Seconded By Councillor Drumm
Whereas the expansion of the Digital Main Street (DMS) program in 2020 has been a critical support in helping businesses adopt new technology during the COVID-19 pandemic; and
Whereas the Digital Main Street Program in Whitby is administered by the Business Advisory Centre Durham (BACD) and the Downtown Whitby Business Improvement Area (BIA); and,
Whereas these new DMS programs have helped both nurture new technology based businesses in our region and provided virtual hands on support and solutions for businesses to access new customers while managing new COVID-19 health and safety measures; and
Whereas the DMS base program has served 435 businesses across the region including 121 in the Town of Whitby, and the DMS ShopHERE program has served 585 businesses across the region including 107 in the Town of Whitby; and
Whereas current funding for the DMS program ends in March 2021; and
Whereas our small business community faces ongoing barriers to technology adoption and lack of resources to implement these technologies that are necessary to remain competitive in light of COVID-19 impacts to their business; and
Whereas Canada's economy will rely on entrepreneurs in both the technology and the main street business sectors to
Page 42 of 141 Agenda Item # 2.1
drive economic recovery, job creation and economic growth; and
Whereas the DMS program can continue providing virtual hands on support to small business to accelerate the adoption of new technology solutions that keep our businesses competitive.
Therefore be it resolved that: 1. The Town of Whitby, in partnership with the Downtown Whitby BIA, and the Business Advisory Centre Durham, call on the provincial and federal governments to: Work to renew and expand funding to the Digital Main Street Program as soon as possible to help our businesses adopt new technologies to support their digital transformation and adapt their business model due to COVID-19; Explore opportunities to provide additional support to our main street business sector in adopting digital technologies and future proofing their business models; and, Support Canada's technology sector to develop and bring to market new technologies that can support businesses in Canada and globally to adapt to the new business realities following the impacts of COVID-19 to both Business-to- Consumer (B2C) and Business-to-Business (B2B) business models.
Further be it resolved that:
2. The Mayor on behalf of Council be directed to write a letter, jointly with the Downtown Whitby BIA, and the Business Advisory Centre Durham, advocating for the extension and expansion of the Digital Main Street Program to the Federal Minister of Economic Development and Official Languages and Minister of Small Business, Export Promotion and International Trade; and, 3. The Town Clerk be directed to send a copy of the letter and resolution, once approved, to: Ryan Turnbull, Member of Parliament for Whitby Lorne Coe, Member of Provincial Parliament for
Page 43 of 141 Agenda Item # 2.1
Whitby Durham Regional Council Members of the Ajax, Brock, Clarington, Oshawa,Pickering, Scugog, and Uxbridge Councils Federation of Canadian Municipalities (FCM) Association of Municipalities of Ontario (AMO) Ontario Big City Mayor's Caucus (OBCM) Mayors and Regional Chairs of Ontario (MARCO) GTHA Mayors and Chairs Ontario Chamber of Commerce (OCC) Whitby Chamber of Commerce 1855 Whitby Durham Economic Recovery Taskforce
Carried
8. Audit Committee Report Report of the Audit Committee - January 28, 2021
8.1 Financial Services Department Report, FS 06-21 Re: 2019 Year End Communication and Financial Statements
Resolution # 72-21
Moved By Councillor Leahy Seconded By Councillor Lee
1. That Report FS 06-21 of the Commissioner of Financial Services be received for information; 2. That The Corporation of the Town of Whitby’s Audited Consolidated Financial Statements for the year ended December 31, 2019 be approved; and, 3. That Deloitte LLP be engaged to perform the audit of the Town of Whitby’s financial statements for the years ending December 31, 2021.
Carried
9. Notice of Motion
9.1 There were no notices of motion.
Page 44 of 141 Agenda Item # 2.1
10. New and Unfinished Business
10.1 Councillor Roy acknowledged International Women’s Day and recognized female Members of Council for their leadership and further recognized female leaders within the Town.
11. By-Laws That the following by-laws be passed:
11.1 By-law # 7722-21, being a by-law to designate certain portions of a registered Plan of Subdivision (SW-2016-02) as not being subject of Part Lot Control.
11.2 By-law #7723-21, being a by-law to designate certain portions of a registered Plan of Subdivision (SW-2013-05) as not being subject of Part Lot Control.
11.3 By-law # 7724-21, being a by-law to amend Procedure By- law # 7462-18.
Refer to CLK 02-21, Amendment to Procedure By-law # 7462-18 - Petitions
11.4 By-law # 7725-21, being a by-law to authorize the conveyance of Part of Byron Street, Plan 173, North of Part 1, Plan 40R-25614, being all of PIN 26541-0172 (LT), and Lots 187, 188, and 189, Plan 173, except Parts 1, 6, 7 & 8, Plan 40R-6470, being all of PIN 26541-0092 (LT) (the “Lands”) to The Regional Municipality of Durham.
Refer to FS 08-21, Declare Surplus Part of Byron Street Plan 173 North of Part 1, Plan 40R-25614, PIN 26541-0172 (LT) and Lot 187, Lot 188, Lot 189, Plan 173, Save and Except Parts 1, 6, 7 & 8, 40R-6470, PIN 26541-0092 (LT) for the Purpose of Transfer to the Regional Municipality of Durham – Southwest Corner of Brock Street North and Rossland Road West
11.5 By-law # 7726-21, being a by-law to designate certain portions of a registered Plan of Subdivision (SW-2013-02) as not being subject of Part Lot Control.
11.6 By-law # 7727-21, being a by-law to designate certain
Page 45 of 141 Agenda Item # 2.1
portions of a registered Plan of Subdivision (S-243-98) as not being subject of Part Lot Control.
11.7 By-law # 7728-21, being a by-law to designate certain portions of a registered Plan of Subdivision (SW-2013-04) as not being subject of Part Lot Control.
11.8 By-law # 7729-21, being a by-law to amend By-law # 1784, as amended, being the Zoning By-law of the Town of Whitby.
Refer to PL 47-20, DEV-36-19: Zoning By-law Amendment Application Z21-19, 2649408 Ontario Limited, 1578 Victoria Street East - REVISED
11.9 By-law # 7730-21, being a by-law to amend by-law # 1784, as amended, being the Zoning By-law of the Town of Whitby.
Refer to PL 46-20, Applications Official Plan and Zoning By- law Amendment – N. E. Corner of Garrard Road and Conlin Road - Garrard Limited Partnership, File Nos. DEV-22-20, OPA-2020-W/04 & Z-13-20
Resolution # 73-21
Moved By Councillor Newman Seconded By Councillor Mulcahy
That leave be granted to introduce By-laws # 7722-21 to # 7730-21 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
12. Closed Session
Moved By Councillor Newman Seconded By Councillor Leahy
That Council move in-camera in accordance with Procedural
Page 46 of 141 Agenda Item # 2.1
By-law #7462-18, Closed Meeting Policy G 040, and the Municipal Act, 2001, Section 239 (2)(b) personal matters about an identifiable individual, including municipal or local board employees.
Carried
12.1 Confidential Memorandum from C. Harris, Town Clerk, dated March 2, 2021 regarding the Recommendation for Appointment to the Whitby Diversity and Inclusion Advisory Committee
This portion of the meeting was closed to the public. [Refer to the In Camera minutes of the meeting - Town Clerk has control and custody.]
Rising and Reporting
Motion to Rise
Moved By Councillor Leahy Seconded By Councillor Drumm
That Council rise from the closed portion of the meeting.
Carried
Reporting Out Mayor Mitchell advised that during the closed portion of the meeting, Council discussed matters related to identifiable individuals.
Resolution # 74-21
Moved By Councillor Roy Seconded By Councillor Leahy
That Council appoint Venita Anderson to the Whitby Diversity and Inclusion Advisory Committee for the term ending November 14, 2022 or until a successor is appointed.
Page 47 of 141 Agenda Item # 2.1
Carried
12.2 Confidential Memorandum from C. Harris, Town Clerk, dated March 2, 2021 regarding the Recommendation for Appointments to the Road Watch Committee Council did not move into Closed Session to consider the Recommendation for Appointments to the Road Watch Committee and the recommendation was moved and carried in Open Session.
Resolution # 75-21
Moved By Councillor Drumm Seconded By Councillor Yamada
That Council appoint Shawnita Foster and Vincent Kang to the Road Watch Committee for the term ending November 14, 2022 or until a successor is appointed.
Carried
12.3 Confidential Memorandum from C. Harris, Town Clerk, dated March 2, 2021 regarding the Recommendation for Appointment to the Groveside Cemetery Board Council did not move into Closed Session to consider the Recommendation for Appointment to the Groveside Cemetery Board and the recommendation was moved and carried in Open Session.
Resolution # 76-21
Moved By Councillor Lee Seconded By Councillor Newman
That Council appoint Harry Agar to the Groveside Cemetery Board for the term ending November 14, 2022 or until a successor is appointed.
Carried
13. Confirmatory By-Law
Page 48 of 141 Agenda Item # 2.1
13.1 Confirmatory By-law
Resolution # 77-21
Moved By Councillor Shahid Seconded By Councillor Mulcahy
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 March 8, 2021 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
14. Adjournment
14.1 Motion to Adjourn
Moved By Councillor Mulcahy Seconded By Councillor Drumm
That the meeting adjourn.
Carried
The meeting adjourned at 8:20 p.m.
Christopher Harris, Town Clerk Don Mitchell, Mayor
Page 49 of 141 Agenda Item # 2.1
Special Council Minutes March 8, 2021 - 5:30 PM Virtual Meeting/Council Chambers Whitby Town Hall
Present: Mayor Mitchell Councillor Drumm (Participating Electronically) Councillor Leahy (Participating Electronically) Councillor Lee (Participating Electronically) Councillor Mulcahy (Participating Electronically) Councillor Newman (Participating Electronically) Councillor Roy (Participating Electronically) Councillor Shahid (Participating Electronically) Councillor Yamada (Participating Electronically)
Also Present: M. Gaskell, Chief Administrative Officer S. Beale, Commissioner of Public Works S. Klein, Director of Strategic Initiatives W. Mar, Commissioner of Legal and Enforcement Services/Town Solicitor J. Romano, Commissioner of Community Services R. Saunders, Commissioner of Planning and Development D. Speed, Fire Chief F. Wong, Commissioner of Financial Services/Treasurer A. McCullough, Director of Finance/Deputy Treasurer H. Ellis, Executive Advisor to the Mayor C. Harris, Town Clerk K. Narraway, Deputy Clerk K. Douglas, Legislative Specialist (Recording Secretary)
Regrets: None noted
1. Declarations of Pecuniary Interest
1.1 There were no declarations of pecuniary interest.
2. Public Meeting C. Harris, Town Clerk, advised that the purpose of this Special Council meeting is to hold the public meeting for the development charges study and by-law as required under Section 12 of the Development Charges Act. Mr. Harris further advised that notice of this meeting was provided in accordance with Section 12 of
Page 50 of 141 Agenda Item # 2.1
Special Council Minutes March 08, 2021 - 5:30 PM the Development Charges Act, and provided an overview of the public meeting format.
2.1 Presentation - Development Charges By-law Craig Binning, Partner, Hemson Consulting Ltd. Craig Binning, Partner, Hemson Consulting Ltd., provided a PowerPoint presentation regarding the Development Charges Act and Study. Highlights of the presentation included: the purpose of the statutory public meeting; the need to update the Development Charges (DC) By-law before the current By-law expires to ensure rates reflect legislative changes to the DC Act and upward pressures of the roads capital program; an overview of the DC background study process; a summary of the development-related capital program, which is based on the Town's capital budget/forecast; costs that are not eligible for recovery from DC, including costs that benefit existing development and development beyond the planning horizon; a summary of the gross costs related to general development- related services that have been planned until 2030, and the approximate $142 million that may be recovered by in-period eligible DC costs; a summary of the gross costs related to engineered development-related services that have been planned until 2031, and the approximate $304 million that may be recovered by in- period eligible DC costs; the portion of general and engineered capital costs that will be funded from property taxes; the Town's public consultations that commenced in August, 2020; feedback received from the development industry in response to the preliminary draft DC rates that were made available in November, 2020; adjustments made to the capital program and proposed DC rates in response to public feedback; proposed amendments to the DC By-law, including changes to the non-statutory exemptions, the creation of three non- residential rate categories, and the creation of a new residential rate 'Category E' for special needs/special care facilities; an overview of the residential rate categories; the general, protection, and engineered services that will be recovered by DC rates; the calculated residential charges for each rate category; the calculated non-residential charges for the commercial,
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Special Council Minutes March 08, 2021 - 5:30 PM
industrial, and institutional rate categories; DC By-law implementation options and policy considerations presented to Council; a timeline of steps taken to prepare the DC By-law and background study, which commenced in July, 2020; and, next steps in the process including consultation with the public and the development industry. A question and answer period ensued between Members of Council, Mr. Binning and Staff regarding: whether the DC Act and background study account for costs associated with sustainability and climate change; how the growth forecasts used to calculate the Town's development charges relate to land use planning, infrastructure planning, the Town's Official Plan, and the Region of Durham's Official Plan; whether the proposed increase to residential development charges considers the concerns of first time home buyers; and, clarification on the proposed rate increase for single detached dwellings
2.2 Delegations Matthew Cory, representing Brooklin North Landowners Group, requested that Brooklin's road requirements be considered in the DC background study and by-law. Mr. Cory also requested adequate time be granted for additional feedback from the development industry. He suggested that the DC background study use the Town and Region's Official Plan population growth projections to 2031, to ensure it is consistent with the Provincial Growth Plan and policies. Mr. Cory requested that a meeting be scheduled with Town Staff and Hemson to review the scope of the Roads Program that should be included to support the proposed development of Brooklin. He expressed concerns with the Town's right of way road width requirements and the Town’s position that they will not accept incremental right of way designs (e.g., 23.5 metre width). He advised that SCS Consulting Group will provide a list of projects, costs, and recommended benefit to existing/post-period assignments for works within two weeks. Mr. Cory requested this list be included in the DC background study. Glen Murphy appeared on behalf of Marco Filice, Vice President of Compass Hill Developments, representing Brooklin (AD) Limited Partnership. Mr. Murphy explained they are seeking to address the housing supply crisis identified by the Minister of Housing in May, 2019 and referenced excerpts from His address. He noted that the increase to government imposed development charges has impacted the
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Special Council Minutes March 08, 2021 - 5:30 PM
affordability of housing, while also increasing the municipal tax base by increasing the number of units per acre. Mr. Murphy expressed concern with the exclusion of Road XI in the DC background study, which recommends that all 26 metres of the right of way should be costed at the obligation of the development community. He explained that the purpose and function of this road is to permit a new parallel East/West cross town travel that will help distribute automobile traffic through Brooklin, and therefore benefits more than just the new home owners. Mr. Murphy requested that Road XI be included in the DC background study, or alternatively the 3 metres above the 23 metre right of way should be a development charge eligible for credit back to the developer. Rob Howe, Goodmans LLP, representing Durham Region Home Builders' Association (DRHBA), stated that DRHBA has concerns with the methodology and assumptions used to calculate the development charge increases proposed in the DC background study. Mr. Howe requested that additional time be granted to ensure DRHBA's comments are addressed. He stated that the DC background study's growth forecasts do not conform with the Town or Region's Official Plan, and underestimates growth. Mr. Howe suggested that the DC background study use a growth forecast consistent with the Town’s Official Plan, and capital programs that are meaningfully related to the estimated growth. He requested that DRHBA be given time to assess and understand the appropriateness of the capital programs and cost assumptions used in the DC background study. Mr. Howe further requested that the Town adopt a transition so that the development charge increases will not come into effect until 2022. A question and answer period ensued between Members of Council and Staff regarding: whether Town Staff will consult with the development industry within the next month regarding their concerns with the DC background study; whether additional clarification will be provided regarding why certain development-related road projects were excluded from the DC background study; the impact of postponing the DC By-law's implementation date; and, whether Town Staff may prepare a memo to summarize and clarify components of the DC background study.
3. Adjournment
3.1 Motion to Adjourn
Page 53 of 141 Agenda Item # 2.1
Special Council Minutes March 08, 2021 - 5:30 PM
Moved By Councillor Drumm Seconded By Councillor Newman
That the meeting adjourn.
Carried
The meeting adjourned at 6:25 p.m.
Christopher Harris, Town Clerk Don Mitchell, Mayor
Page 54 of 141 Agenda Item # 2.1
Special Council Minutes March 29, 2021 - 5:30 PM Virtual Meeting
Present: Mayor Mitchell (Participating electronically) Councillor Drumm (Participating electronically) Councillor Leahy (Participating electronically) Councillor Lee (Participating electronically) Councillor Mulcahy (Participating electronically) Councillor Newman (Participating electronically) Councillor Roy (Participating electronically) Councillor Shahid (Participating electronically) Councillor Yamada (Participating electronically) Also Present: M. Gaskell, Chief Administrative Officer S. Beale, Commissioner of Public Works S. Klein, Director of Strategic Initiatives W. Mar, Commissioner of Legal and Enforcement Services/Town Solicitor J. Romano, Commissioner of Community Services R. Saunders, Commissioner of Planning and Development F. Wong, Commissioner of Financial Services/Treasurer M. Powers, Sr. Manager, Parks, Parks Planning & Culture C. Harris, Town Clerk K. Douglas, Legislative Specialist (Recording Secretary)
Regrets: None noted
1. Declarations of Pecuniary Interest
1.1 There were no declarations of pecuniary interest.
2. Delegations
2.1 Peter Gregor, Vice President of Development, and Angela Mariani, Development Planner, Wellings of Whitby Inc. Re: Alternative Cash-in-Lieu of Parkland Dedication Rates for Downtown Whitby and High Density Residential
Page 55 of 141 Agenda Item # 2.1
Development
Refer to Item 3.1, CMS 05-21 Peter Gregor, Vice President of Development, and Angela Mariani, Development Planner, Wellings of Whitby Inc. appeared before Council and provided an overview of the proposed Wellings of Whitby seniors' residence development. Mr. Gregor explained that the alternate residential Cash-In-Lieu of Parkland (CILP) dedication rate of 35 percent of the land proposed to be developed will impact rental affordability for future tenants. Mr. Gregor requested that Council instruct Staff to continue using the CILP dedication rate of five percent, or that the decision to increase this rate be deferred for 60 to 90 days to allow for additional consultation with Staff. A question and answer period ensued between Members of Council and Mr. Gregor regarding: whether Wellings of Whitby Inc. has consulted with Staff regarding the proposed high density residential CILP dedication rate; whether Wellings of Whitby Inc. will offset the proposed high density CILP rate increase by increasing rent for future tenants; the rental rates for units in the proposed development; the developer's preferred high density CILP dedication rate; the approximate cost imposed on each residential unit as a result of the proposed CILP rate; whether mixed-income seniors may reside in the proposed development; whether units accommodate individuals with accessibility needs; and, the number of dwelling units in the proposed development.
3. Items for Consideration
3.1 Community Services Department, Financial Services Department, Planning and Development Department, and Legal and Enforcement Services Department Joint Report, CMS 05-21 Re: Alternative Cash-in-Lieu of Parkland Dedication Rates for Downtown Whitby and High Density Residential Development
Page 56 of 141 Agenda Item # 2.1
A question and answer period ensued between Members of Council and Staff regarding: the proposed Cash-in-Lieu of Parkland (CILP) dedication rate imposed on the Wellings of Whitby Ltd. development and how it compares to the amount imposed on large subdivision developments; whether Staff considered a lower CILP dedication rate; the calculations used to establish the recommended cap as an interim measure that will be implemented for qualifying high density residential developments; whether Wellings of Whitby Ltd. was aware of the CILP dedication rate calculated at the time the development proposal was submitted to the Town; whether reducing the CILP dedication rate would increase the burden on taxpayers; how costs relating to parkland have changed over the past five years; clarification regarding the Town of Newmarket's CILP cap rate of 50% of the property appraisal for high density residential; how an amendment to the proposed CILP rate increase may impact other development applications; whether the Town may consider implementing a CILP rate range rather than a set rate; whether Wellings of Whitby Ltd. provided their own property appraisal for the development, and how a lower appraisal may affect the CILP rate calculation; clarification regarding the appropriate application of a five percent CILP rate; how high-density blocks within a large subdivision development would be valued to address parkland needs; whether Wellings of Whitby Ltd. has time to submit a new property appraisal; the Town's methodology used to ensure real estate values and appraisals are accurate; the types of dwellings that do not include a kitchen, and how kitchens in units impacts the CILP calculation; the goal of the Town-wide Parkland Needs/Dedication Study; clarification regarding the appeal process for any new CILP by-law, and whether a retroactive CILP by-law may be implemented; and, the length of time this CILP cap will remain in effect as an interim measure.
Page 57 of 141 Agenda Item # 2.1
Moved By Councillor Yamada Seconded By Councillor Leahy
1. That Council adopt the proposed residential Cash-In-Lieu of Parkland dedication rate of 5% of the value of the land proposed to be developed within the Historic Downtown Whitby Priority Area of the Downtown Whitby Community Improvement Plan; and 2. That Council adopt the proposed alternate residential Cash- In-Lieu of Parkland dedication rate of the lesser of 1 hectare for every 500 units or 35% of the land proposed to be developed for Town-wide High Density Residential Developments (excluding residential developments in the Historic Downtown Whitby Priority Area) that meet the eligibility requirements outlined within Report CMS 05-21; and 3. That an Alternate Cash-In-Lieu of Parkland Dedication By- law be brought forward for Council’s approval that addresses the Historic Downtown Whitby Priority Area and other High Density Residential Areas within the Town; and 4. That staff be directed to undertake the larger Town-wide Parkland Needs/Dedication Study as identified within the 2021 Capital Budget having regard for community and development industry engagement throughout the Study process.
Carried later in the meeting [See following motions]
Moved By Councillor Yamada Seconded By Councillor Leahy
That Item 2 of the main motion be amended by striking “35%” and replacing with “50%”.
Motion lost on a recorded vote as follows:
For Against Abstained Councillor Drumm x Councillor Leahy x Councillor Lee x Councillor Mulcahy x Councillor Newman x Councillor Roy x
Page 58 of 141 Agenda Item # 2.1
Councillor Shahid x Councillor Yamada x Mayor Mitchell x 2 7 0
Resolution # 78-21
Moved By Councillor Yamada Seconded By Councillor Leahy
1. That Council adopt the proposed residential Cash-In-Lieu of Parkland dedication rate of 5% of the value of the land proposed to be developed within the Historic Downtown Whitby Priority Area of the Downtown Whitby Community Improvement Plan; and 2. That Council adopt the proposed alternate residential Cash- In-Lieu of Parkland dedication rate of the lesser of 1 hectare for every 500 units or 35% of the land proposed to be developed for Town-wide High Density Residential Developments (excluding residential developments in the Historic Downtown Whitby Priority Area) that meet the eligibility requirements outlined within Report CMS 05-21; and 3. That an Alternate Cash-In-Lieu of Parkland Dedication By- law be brought forward for Council’s approval that addresses the Historic Downtown Whitby Priority Area and other High Density Residential Areas within the Town; and 4. That staff be directed to undertake the larger Town-wide Parkland Needs/Dedication Study as identified within the 2021 Capital Budget having regard for community and development industry engagement throughout the Study process.
Carried unanimously on a recorded vote as follows:
For Against Abstained Councillor Drumm x Councillor Leahy x Councillor Lee x Councillor Mulcahy x Councillor Newman x Councillor Roy x Councillor Shahid x
Page 59 of 141 Agenda Item # 2.1
Councillor Yamada x Mayor Mitchell x 9 0 0
4. By-Laws That the following by-laws be passed:
4.1 By-law # 7732-21, being a by-law to adopt Amendment Number 120 to the Official Plan of the Town of Whitby.
Refer to PL 07-21, Official Plan and Zoning By-law Amendment Applications – N. E. Corner of Garrard Road and Conlin Road - Garrard Limited Partnership, File # DEV- 22-20 (OPA-2020-W/04, Z-13-20)
4.2 By-law # 7733-21, being a by-law to require the conveyance of land or the payment of cash-in-lieu thereof for park or other public recreational purposes as a condition of the development or redevelopment of land.
Refer to CMS 05-21, Alternative Cash-in-Lieu of Parkland Dedication Rates for Downtown Whitby and High Density Residential Development
Resolution # 79-21
Moved By Councillor Leahy Seconded By Councillor Drumm
That leave be granted to introduce By-laws # 7732-21 and # 7733-21 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
Moved By Councillor Newman Seconded By Councillor Leahy
That Council suspend the rules of procedure to allow the introduction of a motion regarding Metrolinx BRT Consultation.
Page 60 of 141 Agenda Item # 2.1
Carried on a Two-Thirds Vote
5. New and Unfinished Business
5.1 Metrolinx BRT Consultation Councillor Newman introduced a motion regarding Metrolinx BRT Consultation. Discussion ensued between Members of Council and Staff regarding: the need for Council to thoroughly discuss their concerns with the Metrolinx BRT proposal; ensuring broad and transparent consultation between Metrolinx, Staff, residents, businesses, and other stakeholders; the impact of COVID-19 on the Metrolinx BRT consultation efforts; the importance of preserving a cohesive downtown; the community's desire for broader and more transparent consultation with Metrolinx; the evolving and long-term issues related to the Metrolinx BRT proposal; Metrolinx's authority to make decisions on the BRT design; ensuring the concerns of residents are addressed; the timeline for Staff to work with Metrolinx to identify opportunities for additional consultation; how the BRT project will impact the Town's future from a transportation, business, and broader community perspective; and, concerns regarding the BRT proposal, such as how it will impact Mary Street.
Moved By Councillor Newman Seconded By Mayor Mitchell
Whereas the Metrolinx BRT project runs from Oshawa to Scarborough;
And Whereas the Metrolinx BRT consultation on the Whitby portion has been complicated by the pandemic and the need for virtual communications;
Page 61 of 141 Agenda Item # 2.1
And Whereas the BRT proposal runs on Dundas Street through Historic Downtown Whitby which our Culture Plan identifies as a cultural hub;
And Whereas the pinch point through Historic Downtown Whitby is the narrowest along the entire project;
And Whereas concerns continue to be raised about the impacts of the BRT proposal on businesses along Dundas Street and on residents in the adjacent neighbourhoods;
And Whereas Whitby Council supports a broad and effective public consultation as essential to the best possible evidence based solution;
Now Therefore be it Resolved:
That Staff be directed to report back on ways to support the Metrolinx consultation process to ensure the broadest possible engagement with all residents, businesses and stakeholders across the Town of Whitby.
Carried later in the meeting [See following motions]
Moved By Councillor Drumm Seconded By Councillor Roy
That the motion regarding the Metrolinx BRT Consultation be postponed to a future Special Council meeting.
Lost on a recorded vote as follows:
For Against Abstained Councillor Drumm x Councillor Leahy x Councillor Lee x Councillor Mulcahy x Councillor Newman x Councillor Roy x Councillor Shahid x Councillor Yamada x Mayor Mitchell x 3 6 0
Page 62 of 141 Agenda Item # 2.1
Resolution # 80-21
Moved By Councillor Drumm Seconded By Mayor Mitchell
Whereas the Metrolinx BRT project runs from Oshawa to Scarborough;
And Whereas the Metrolinx BRT consultation on the Whitby portion has been complicated by the pandemic and the need for virtual communications;
And Whereas the BRT proposal runs on Dundas Street through Historic Downtown Whitby which our Culture Plan identifies as a cultural hub;
And Whereas the pinch point through Historic Downtown Whitby is the narrowest along the entire project;
And Whereas concerns continue to be raised about the impacts of the BRT proposal on businesses along Dundas Street and on residents in the adjacent neighbourhoods;
And Whereas Whitby Council supports a broad and effective public consultation as essential to the best possible evidence based solution;
Now Therefore be it Resolved:
That Staff be directed to report back on ways to support the Metrolinx consultation process to ensure the broadest possible engagement with all residents, businesses and stakeholders across the Town of Whitby.
Carried unanimously on a recorded vote as follows:
For Against Abstained Councillor Drumm x Councillor Leahy x Councillor Lee x Councillor Mulcahy x Councillor Newman x
Page 63 of 141 Agenda Item # 2.1
Councillor Roy x Councillor Shahid x Councillor Yamada x Mayor Mitchell x 9 0 0
6. Confirmatory By-law
6.1 Confirmatory By-law
Resolution # 81-21
Moved By Councillor Leahy Seconded By Councillor Yamada
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 special meeting held on March 29, 2021 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
7. Adjournment
7.1 Motion to Adjourn
Moved By Councillor Leahy Seconded By Councillor Yamada
That the meeting adjourn.
Carried
The meeting adjourned at 7:04 p.m.
Christopher Harris, Town Clerk Don Mitchell, Mayor
Page 64 of 141 Agenda Item # 2.1
Page 65 of 141 Agenda Item # 2.1
Special Council Minutes April 19, 2021 - 6:00 PM Virtual Meeting
Present: Mayor Mitchell (Participating Virtually) Councillor Drumm (Participating Virtually) Councillor Leahy (Participating Virtually) Councillor Lee (Participating Virtually) Councillor Mulcahy (Participating Virtually) Councillor Newman (Participating Virtually) Councillor Shahid (Participating Virtually) Councillor Yamada (Participating Virtually)
Also Present: M. Gaskell, Chief Administrative Officer S. Beale, Commissioner of Public Works S. Klein, Director of Strategic Initiatives W. Mar, Commissioner of Legal and Enforcement Services/Town Solicitor J. Romano, Commissioner of Community Services R. Saunders, Commissioner of Planning and Development D. Speed, Fire Chief F. Wong, Commissioner of Financial Services/Treasurer H. Ellis, Executive Advisor to the Mayor C. Harris, Town Clerk K. Narraway, Deputy Clerk K. Douglas, Legislative Specialist (Recording Secretary)
Regrets: Councillor Roy
1. Declarations of Pecuniary Interest
1.1 There were no declarations of pecuniary interest.
2. Presentations
2.1 Jade Schofield, Project Manager, Sustainability & Climate Change, and Yuill Herbert, Director, Sustainability Solutions Group Re: Zero Carbon Whitby Plan Jade Schofield, Project Manager, Sustainability & Climate Change, and Yuill Herbert, Director, Sustainability Solutions Group, provided a
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Special Council Minutes April 19, 2021 - 6:00 PM
PowerPoint presentation regarding the Zero Carbon Whitby Plan. Highlights of the presentation included: the Paris Climate Agreement adopted in 2015 to address climate change and limit global warming to 1.5 degrees Celsius by reducing green house gas (GHG) emissions; shortfalls of current municipal frameworks for managing GHG emissions; the global carbon budget identified by the International Panel on Climate Change based on the remaining GHG emissions that can be emitted to prevent excessive global warming; a method developed by the Science-Based Target Network used to identify the Town’s corporate carbon budget of 62,563 tCO2e between 2022 and 2045; the risks of delaying the implementation of the carbon budget; the adaptability, transparency, and opportunities for organizational learning offered by a carbon budget framework; alignment between the Town’s carbon budget and financial budget; the financial and resource implications of achieving the Zero Carbon Whitby Plan targets; how the carbon budget aligns with the Town’s operational processes; integrating carbon accounting into the Town’s carbon budget; governance of the Zero Carbon Whitby Plan, which will be supported by clearly defined roles and responsibilities; the financial impacts of the Zero Carbon Whitby Plan on sectors such as new construction, retrofits of existing municipal buildings, and fleet vehicles; the Town’s proposed internal price on carbon that will reach $170/tCO2e by 2030; how carbon pricing will be used to avoid securing investments that may impose a carbon and financial burden on the Town in the future; how the revolving loan fund reserve can reduce overall capital requirements through the recycling of capital; and, the Task Force on Climate-Related Financial Disclosures framework for annual reporting on the Town’s response to climate change. A brief question and answer period ensued between Members of Council and Mr. Herbert regarding the degree of flexibility within the Town’s proposed carbon budget and targets for reducing GHG emissions.
3. Delegations
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Special Council Minutes April 19, 2021 - 6:00 PM
3.1 Adeline Cohen, Climate Justice Durham Re: Office of the Chief Administrative Officer Report, CAO 10-21 Zero Carbon Whitby Plan
Refer to Item 4.1, CAO 10-21 Adeline Cohen, representing Climate Justice Durham, appeared before Council to support the Zero Carbon Whitby Plan. Ms. Cohen noted that the plan follows recommendations made by the International Panel on Climate Change. She expressed her support for the carbon budget approach, retrofitting municipal buildings to align with a corporate net- zero trajectory, and electrifying municipal fleet vehicles. Ms. Cohen advised that Climate Justice Durham has no criticism of the Zero Carbon Whitby Plan.
4. Items for Consideration
4.1 Office of the Chief Administrative Officer Report, CAO 10-21 Re: Zero Carbon Whitby Plan Discussion ensued between Members of Council and Staff regarding: the Zero Carbon Whitby Plan as a climate community action plan that offers guiding principles and recommended actions for businesses/stakeholders in Whitby; acknowledgement of the Paris Climate Agreement adopted in 2015 and Whitby's 2019 declaration that climate change is an emergency; Council’s support for the Zero Carbon Whitby Plan; the long-term implications of climate related decisions being made now; and, the importance of reporting on the carbon budget annually.
Resolution # 82-21
Moved By Councillor Newman Seconded By Councillor Drumm
1. That Council approve new short, medium, and long-term targets to reduce corporate greenhouse gas (GHG) emissions, namely: o 20 percent GHG emissions reduction by 2025, below 2019 levels o 40 percent GHG emissions reduction by 2030, below 2019 levels o 100 percent GHG emissions reduction by 2045, below
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Special Council Minutes April 19, 2021 - 6:00 PM
2019 levels; 2. That Council adopt the Zero Carbon Whitby Plan (Attachment 1) in principle, which identifies how greenhouse gas reduction action will be embedded across the organization; 3. That Council direct staff to report back on the implementation of the Carbon Reduction Accounting Framework outlined in the Zero Carbon Whitby Plan as part of the annual budget process starting in the year 2022; 4. That Council require staff to report back to Council annually on the performance of the Zero Whitby Carbon Plan as part of the Annual Sustainability Report; and, 5. That all new Town facilities are built to a minimum of Tier 3 of the Whitby Green Standard, and that existing facilities be retrofitted with design considerations to achieve net-zero greenhouse gas emissions by 2045.
Carried unanimously on a recorded vote as follows:
For Against Abstained Councillor Drumm x Councillor Leahy x Councillor Lee x Councillor Mulcahy x Councillor Newman x Councillor Shahid x Councillor Yamada x Mayor Mitchell x 8 0 0
5. Confirmatory By-law
5.1 Confirmatory By-law
Resolution # 83-21
Moved By Councillor Newman Seconded By Councillor 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 special meeting held on April 19, 2021 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
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Special Council Minutes April 19, 2021 - 6:00 PM
affixed.
Carried
6. Adjournment
6.1 Motion to Adjourn
Moved By Councillor Shahid Seconded By Councillor Drumm
That the meeting adjourn.
Carried
The meeting adjourned at 6:29 p.m.
Christopher Harris, Town Clerk Don Mitchell, Mayor
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Memorandum to Council Community Services Department Recreation Division
To: Mayor and Members of Council CC: Sharon Meredith, Senior Manager of Acknowledged by M. Gaskell, Recreation, Kim Evans, Supervisor of 55+ Chief Administrative Officer Recreation Services From: John Romano, Commissioner, Community Services Date: April 20, 2021 File #: N/A Subject: 2021 Dates of Significance for Proclamations
The Whitby Diversity and Inclusion Advisory Committee (DIAC) recommends to Council Dates of Significance (Attachment 1) for proclamations from May to December 2021.
The Committee has selected dates based on the Government of Canada’s identified commemorative days and group consensus. The Committee has ensured that the dates selected are eligible according to the Town’s policy, Issuance of Proclamations (CA 120). In the past, proclamations by the Committee have been irregular, compiling an annual list will help to ensure recognition of culturally significant dates at the appropriate time and ensure that dates are not overlooked due to the timing of meetings or other committee work. In future, the Committee will review dates for the following year in the fall and submit to Council for approval annually in December. For 2021, proclamations are requested for May to December dates. The Whitby Diversity and Inclusion Advisory Committee (DIAC) is made up of seven (7) citizen appointments, a Council and staff designate as well as community partners. DIAC’s role is to provide input to Council on the elimination of barriers relating to diversity and inclusion and to foster a greater understanding of ethno-cultural and diversity matters within the community. I trust you find this information helpful, if you have any questions or would like to discuss the matter further please feel free to contact me directly.
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Attachment 1 Updated March 16, 2021
Diversity and Inclusion Advisory Committee 2021 Dates of Significance
______2015 – 2024 International Decade for People of African Descent January
Tamil Heritage Month
12 - Lincoln Alexander Day- commemorates a man who strove for racial equality throughout his service to Canada in The Royal Canadian Air Force and in the House of Commons and as Canada’s first Black cabinet minister. 27 - International Day of Commemoration in Memory of the Victims of the Holocaust February
African Heritage Month Black History Month Chinese Heritage Month
20 - World Day of Social Justice 21 - International Mother Language Day- promotes linguistic diversity, tolerance, and respect for others. Generates social inclusion, innovation and imagination and acts as an instrument of peace. 22 - Human Trafficking Awareness Day Last Wednesday- Pink Shirt Day (anti-bullying) March
Bangladeshi Heritage Month Greek Heritage Month
8 - International Women’s Day- promotes gender equality. 17 - Irish Heritage Day 20 - International Francophonie Day (Third week- National Francophonie Week) 21 - International Day for the Elimination of Racial Discrimination (25 - International Day of Remembrance of the Victims of Slavery and the Transatlantic Slave Trade- see Aug. 23)
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Updated March 16, 2021
April
Community Service Month Sikh Heritage Month
9 - Vimy Ridge Day (remembering the anniversary of the Battle of Vimy Ridge) 22 - Earth Day May
Asian Heritage Month Dutch Heritage Month Jewish Heritage Month Mental Health Awareness Month
17 - International Day Against Homophobia, Transphobia and Biphobia 21 - World Day for Cultural Diversity for Dialogue and Development- deepens the value of cultural diversity at home and worldwide and realizing that this diversity is a positive agent for increased sustainable development and peaceful coexistence. June
Italian Heritage Month National Indigenous History Month Portuguese History and Heritage Month Pride Month Seniors Month
15 - World Elder Abuse Awareness Day 20 - World Refugee Day 21 - National Indigenous Peoples Day 27 - Canadian Multiculturalism Day July
1 - Canada Day 18 - Nelson Mandela International Day 30 - World Day Against Trafficking in Persons August
9 - International Day of the World’s Indigenous Peoples 12 - International Youth Day- celebrates our youth engagement and our youth leaders and peace builders 22 - International Day Commemorating the Victims of Acts of Violence Based on Religion of Belief 23 - International Day for the Remembrance of the Slave Trade and its Abolition.
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Updated March 16, 2021
September
7 - Ukrainian Heritage Day 21 - International Day of Peace- celebrates the power of global solidarity in efforts toward peace and sustainability. 25 - Franco-Ontarian Day 30 - Orange Shirt Day (awareness of the impact of Canada’s Indian Residential Schools) October
Hispanic/Latin American Heritage Month Islamic Heritage Month Somali Heritage Month Women’s History Month
1 - National Seniors Day/International Day of the Older Person 10 - World Mental Health Day 11 - International Day of the Girl Child
November
Albanian Heritage Month Hindu Heritage Month
16 - International Day for Tolerance 25 - International Day for the Elimination of Violence Against Women 16 Days of Activism Against Gender-based Violence (Nov. 25- Dec. 10)
December
3 - International Day of Persons with Disabilities 6 - National Day of Remembrance and Action on Violence Against Women 10 - Human Rights Day 26 - Jan. 1 -Kwanzaa- Observed in North America to celebrate African heritage, unity and culture
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Memorandum to Council Planning and Development Department Development Control, Design and Technical Services
To: Mayor and Members of Council CC: M. Gaskell, Chief Administrative Officer Acknowledged by M. Gaskell, C. Harris, Town Clerk Chief Administrative Office From: Roger Saunders, Commissioner, Planning and Development Date: April 20, 2021 File #: DEV-05-20 (SW-2020-02, Z-04-20) Subject: Report PL 21-21, East Valley and Brooklin Development General Partner Ltd.
Further to the subject recommendation report, a figure referenced in the Region of Durham comments (pg. 36 of 66) cited a theoretical population for the proposed development of 1,295 units equal to 1,278 people.
The Region has revisited this figure and now suggests a theoretical population of 4,320 people for the subject development.
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Committee of the Whole Minutes April 12, 2021 - 7:00 PM Virtual Meeting
Present: Mayor Mitchell (participating electronically) Councillor Drumm (participating electronically) Councillor Leahy (participating electronically) Councillor Lee (participating electronically) Councillor Mulcahy (participating electronically) Councillor Newman (participating electronically) Councillor Roy (participating electronically) Councillor Shahid (participating electronically) Councillor Yamada (participating electronically) Also Present: M. Gaskell, Chief Administrative Officer S. Beale, Commissioner of Public Works W. Mar, Commissioner of Legal and Enforcement Services/Town Solicitor J. Romano, Commissioner of Community Services R. Saunders, Commissioner of Planning and Development D. Speed, Fire Chief F. Wong, Commissioner of Financial Services/Treasurer H. Ellis, Executive Advisor to the Mayor S. Klein, Director of Strategic Initiatives C. Harris, Town Clerk K. Narraway, Manager of Legislative Services/Deputy Clerk L. MacDougall, Council and Committee Coordinator (Recording Secretary)
Regrets: None noted
C. Harris, Town Clerk, advised that due to the ongoing COVID-19 pandemic, the Committee of the Whole meeting is being held in a virtual meeting format. He provided Members of Council, presenters and delegates with an overview of meeting etiquette
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and procedures with respect to conducting the meeting electronically. Call to Order Call of the Roll: The Clerk Declarations of Pecuniary Interest
There were no declarations of pecuniary interest.
Planning and Development
Councillor Yamada assumed the Chair. 1. Presentations
1.1 There were no presentations.
2. Delegations
2.1 Isabella Cerelli representing Pride Signs Ltd. on behalf of McDonald's Restaurants of Canada Re: Planning and Development Department Report, PL 14- 21 Sign By-law Variance to Permanent Sign By-law for 1615 Dundas Street East (McDonald’s), File Number: SB-01-21
Refer to Item 4.1, PL 14-21 Isabella Cerelli, Pride Signs Ltd., representing McDonald's Restaurants of Canada, advised that her client was seeking a variance to the Permanent Sign By-law for the McDonald's located at 1615 Dundas Street East. Ms. Cerelli stated that she was in support of the Staff Report and that she was available to answer questions from the Committee. It was the consensus of the Committee to hear Item 4.1, PL 14-21, at this time.
2.2 Alana Gormley representing Kwik Signs Re: Planning and Development Department Report, PL 15- 21 Sign By-law Variance to Permanent Sign By-law for 70 Thickson Road South (Taco Bell), File Number: SB-05-20
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Refer to Item 4.2, PL 15-21 Alana Gormley, Kwik Signs, stated that she was representing Soul Foods Group who has a Taco Bell in Whitby. Ms. Gormley advised that her client was looking to update their menu board sign and requested that the Committee approve the request for a variance to the Permanent Sign By-law. It was the consensus of the Committee to hear Item 4.2, PL 15-21, at this time.
2.3 Lisa-Beth Bulford representing Central Lake Ontario Conservation Authority Re: Planning and Development Department Report, PL 21- 21 Draft Plan of Subdivision and Zoning By-law Amendment Applications, East Valley and Brooklin Development General Partner Limited, 6605 Cochrane Street, File Number: DEV-05-20 (SW-2020-02, Z-04-20)
Refer to Item 4.7, PL 21-21 Lisa-Beth Bulford, representing Central Lake Ontario Conservation Authority (CLOCA), stated that that she reviews all planning applications circulated to CLOCA by the Town of Whitby. She advised that CLOCA supports the Staff Report and the Conditions of Draft Plan Approval as presented in the Staff Report. Ms. Bulford advised that she was available to answer any questions on the proposed development that pertain to CLOCA.
2.4 Matthew Cory, Malone Given Parsons Ltd. Re: Planning and Development Department Report, PL 21- 21 Draft Plan of Subdivision and Zoning By-law Amendment Applications, East Valley and Brooklin Development General Partner Limited, 6605 Cochrane Street, File Number: DEV-05-20 (SW-2020-02, Z-04-20)
Refer to Item 4.7, PL 21-21 Matthew Cory, Malone Given Parsons Ltd., stated that he was representing East Valley and Brooklin Development General Partner Limited. He advised that he had read and
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was in support of the Staff Report, noting that the Conditions of Draft Plan Approval were appropriate. Mr. Cory further advised that the subject Draft Plan of Subdivision was the first of the draft plans in Brooklin being presented to the Committee. Mr. Cory advised that he was available to answer questions from the Committee. It was the consensus of the Committee to hear Item 4.7, PL 21-21, at this time.
3. Correspondence
3.1 Memorandum from R. Saunders, Commissioner of Planning and Development, dated April 12, 2021 regarding the Heritage Whitby Advisory Committee's 2020 Annual Report
Recommendation:
Moved By Councillor Newman
That the Heritage Whitby Advisory Committee's 2020 Annual Report be received for information.
Carried
4. Staff Reports
4.1 Planning and Development Department Report, PL 14-21 Re: Sign By-law Variance to Permanent Sign By-law for 1615 Dundas Street East (McDonald’s), File No. SB-01-21
Recommendation:
Moved By Councillor Shahid
That Council approve the request for a variance to the Town of Whitby Permanent Sign By-law #7379-18 for McDonald’s, located at 1615 Dundas Street East, given that the proposed signs will only be visible to persons who enter the McDonald’s property for the purpose of accessing the drive- through.
Carried
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It was the consensus of the Committee to hear Item 2.2, Delegation by Alana Gormley representing Kwik Signs, at this time.
4.2 Planning and Development Department Report, PL 15-21 Re: Sign By-law Variance to Permanent Sign By-law for 70 Thickson Road South (Taco Bell), File Number: SB-05-20 A question and answer period ensued between Members of Committee and Staff regarding: whether the menu board sign would only be visible to people using the drive-through; and, whether it was clear to the applicant upon making the variance request that menu board signs should only be visible to people using the drive-through.
Recommendation:
Moved By Councillor Shahid
That Council approve the request for a variance to the Town of Whitby Permanent Sign By-law # 7379-18 for Taco Bell, located at 70 Thickson Road South, given that the proposed signs will not be digital and will only be visible to persons who enter the Taco Bell property for the purpose of accessing the drive-through.
Carried
It was the consensus of the Committee to hear Item 2.3, Delegation by Lisa-Beth Bulford representing Central Lake Ontario Conservation Authority, at this time.
4.3 Planning and Development Department Report, PL 16-21 Re: Interim Control By-law Study Work Plan A question and answer period ensued between Members of Committee and Staff regarding: the target audience and areas for community input and whether previous applicants for exemptions from the Interim Control By-law would be targeted; whether the areas for the neighbourhood tours were predetermined;
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ramifications associated with not meeting the timeline of one year to complete the project; whether factors such as the environment, architecture, aesthetics, historical features and existing height and density would be considered when contemplating compatible development that enriches established neighbourhoods; whether the future vision for the Town and the cohesiveness of each neighbourhood would be considered through the Study; whether physically visiting the neighbourhoods would be the only way of considering the relationship between the neighbourhoods; whether the timeline for public engagement would be extended beyond the Public Meeting; the use of comments cards for residents in the neighbourhoods affected by the Interim Control By- laws; and, whether any development would be required to meet specific standards once policies were updated and upon approval of amendments to the Town's Official Plan and Zoning By-laws.
Recommendation:
Moved By Councillor Drumm
That Report PL 16-21 be received for information.
Carried
It was the consensus of the Committee to hear Item 3.1, Memorandum regarding the Heritage Whitby Advisory Committee's Annual Report, at this time.
4.4 Planning and Development Department Report, PL 17-21 Re: Designation of the Malcolm McTaggart House at 9455 Baldwin Street North, as being of Cultural Heritage Value or Interest under Part IV of the Ontario Heritage Act, R.S.O. 1990 c. O.18.
Recommendation:
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Moved By Councillor Newman
1. That a Notice of Intention to Designate the property identified as the Malcolm McTaggart House at 9455 Baldwin Street North, be published as per Section 29 (1.1) of the Ontario Heritage Act, R.S.O. 1990 c. O.18, as amended; 2. That, if there are no objections to the designation in accordance with Section 29 (6) of the Ontario Heritage Act, the Clerk be authorized to introduce a by-law designating the property under Part IV, Section 29 of the Ontario Heritage Act; and, 3. That, if there are objections in accordance with Section 29 (7) of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Conservation Review Board.
Carried
4.5 Planning and Development Department Report, PL 18-21 Re: Requests for exemptions from Interim Control By-law # 7699-20 and # 7700-20
Recommendation:
Moved By Councillor Newman
That Council approve the requests for exemptions from Town of Whitby Interim Control By-laws # 7699-20 and # 7700-20 for 205 Starr Avenue, 500 Henry Street, 247 Garrard Road, 72 Garrard Road, 44 Garrard Road, and 56 Meadow Crescent.
Carried
4.6 Planning and Development Department Report, PL 19-21 Re: G & L Group Ltd., Devil’s Den Golf Course, 745 Winchester Road West and 5515 Coronation Road
Recommendation:
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Moved By Councillor Mulcahy
1. That a By-law to adopt Official Plan Amendment No. 99, and a By-law to amend Zoning By-law # 1784 be brought forward for consideration by Council to permit the development of the Devil’s Den Golf Course; and, 2. That MD-1970 be removed from the New and Unfinished Business List.
Carried
4.7 Planning and Development Department Report, PL 21-21 Re: Draft Plan of Subdivision and Zoning By-law Amendment Applications, East Valley and Brooklin Development General Partner Limited, 6605 Cochrane Street, File Number: DEV-05-20 (SW-2020-02, Z-04-20) A question and answer period ensued between Members of Committee and Staff regarding: the future interchange for the Highway 407 connection and whether the Town would be responsible for the cost; the cost for the construction of the interchange and whether the cost would be fully covered though development charges; whether the French elementary school would back on to Ashburn Road; whether there would be a trail through the Natural Heritage System; and, the timeline for the Land Use Compatibility Analysis in relation to Environmental Site Assessments.
Recommendation:
Moved By Councillor Mulcahy
1. That Council approve the Draft Plan of Subdivision (File No. SW-2020-02) subject to the comments included in Planning Report PL 21-21 and the Conditions of Draft Approval included in Attachment #10; 2. That Staff be authorized to prepare a Subdivision Agreement;
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3. That the Region of Durham Commissioner of Planning and Development be advised of Council’s decision; 4. That Williams and Stewart Associates Ltd. be appointed as the Control Architect for the Draft Plan of Subdivision; 5. That the Clerk forward a Notice to those parties and agencies that requested to be notified of Council’s decision; 6. That Council approve an amendment to Zoning By- law 1784 (File Z-04-20), as outlined in Planning Report PL 21-21; and, 7. That a By-law to amend Zoning By-law 1784 be brought forward for consideration by Council.
Carried
It was the consensus of the Committee to hear Item 4.3, PL 16-21, at this time.
5. New and Unfinished Business - Planning and Development
5.1 New and Unfinished Business - Planning and Development There was no new and unfinished business.
General Government
Councillor Roy assumed the Chair. 6. Presentations
6.1 Joseph Mesmer, Manager, Partnership Development, DocuPet Services Ltd. Re: Legal and Enforcement Services Report, LS 02-21 Award to DocuPet Services Ltd. for Whitby Pet Licensing Services
Refer to Item 9.1, LS 02-21 Joseph Mesmer, Manager, Partnership Development, DocuPet Services Ltd., provided a video presentation regarding DocuPet Services Ltd.. Highlights of the video included:
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the mission and goals of DocuPet Services Ltd.; the percentage of municipalities in North American that require pet licensing; the increased likelihood that licensed lost pets would be returned to their home; the use of funding from the sale of licences and tags for animal initiatives and animal control measures in local communities; the percentage of shelter funding that comes from licence sales and the percentage of pet owners that comply with mandatory licensing of their pets; partnerships with shelters and communities to provide full service management of pet licensing programs to increase pet licensing sales, decrease workload, and to ensure lost pets get home quickly at no cost; the ease of online registration with DocuPet Services Ltd. from any device; details about the program, pet tags, and the HomeSafe service; real time access to data and reporting, and the coordination of implementation and training when launching new programs; and, building awareness of and the importance of pet licensing through community events, marketing campaigns and community canvassing programs. A question and answer period ensued between Members of Committee and Mr. Mesmer regarding: the length of time DocuPet Services Ltd. has been in business; the number of municipalities serviced by DocuPet Services Ltd. whether the identification code on the tag would be used to determine the pet owner; how the pet tag differs from micro-chipping; communication undertaken in Clarington and Ajax to increase enrollment; whether the information on the tag related to the pet would be dependent on the information provided by the pet owner and whether the information was entered into a database; whether the financial arrangement proposed within the Staff Report was consistent with the financial arrangements with Clarington and Ajax;
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how tags purchased through a third party would be synchronized with the system; whether the service would be marketed in concert with the Town; and, whether Mr. Mesmer was aware of Team Chelsea in the Region of Durham and undertaking consultation with Team Chelsea. It was the consensus of the Committee to hear Item 9.1, LS 02-21, at this time.
6.2 Sara Demoe, Whitby Farmers’ Market and Lara Scott, Program Manager, Events, Culture & Tourism Re: Office of the Chief Administrative Officer Report, CAO 09-21 Farmers’ Market – 2021 Update
Refer to Item 9.2, CAO 09-21 Sara Demoe, Whitby Farmers’ Market and Lara Scott, Program Manager, Events, Culture & Tourism, provided a PowerPoint presentation regarding the Farmers' Market. Highlights of the presentation included: details about the history, location and funding for the Farmers' Market in Downtown Whitby; the types of items available at the Farmers' Market; details on the market season and the number of producers required in order to operate as a market; the various Farmers' Market vendors; the location and official opening day for the market in Brooklin; the benefits of buying local food; and, details about COVID-19 restrictions. A question and answer period ensued between Members of Committee, Ms. Demoe, and Ms. Scott regarding: whether the three-year agreement would cover the Farmers' Market in Downtown Whitby and Brooklin; whether operating the Farmers' Market during the COVID-19 pandemic was successful; and, whether the vendors were interested in participating in the additional Farmers' Market in Brooklin. It was the consensus of the Committee to hear Item 9.2, CAO 09-21, at this time.
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7. Delegations
7.1 There were no delegations.
8. Correspondence
8.1 Memorandum from J. Schofield, Project Manager - Sustainability and Climate Change, dated March 24, 2021 regarding the Whitby Sustainability Advisory Committee's 2020 Annual Report
Recommendation:
Moved By Councillor Newman
That the Whitby Sustainability Advisory Committee's 2020 Annual Report be received for information.
Carried
8.2 Memorandum from Andre Gratton, Manager of Enforcement Services, dated April 7, 2021 regarding the Update on Request for Fence By-law Exemption, Correspondence # 2020-090 for 48 Flint Crescent, Whitby, ON
Recommendation:
Moved By Councillor Shahid
1. That the Memorandum from A. Gratton, Manager of Enforcement Services, dated April 7, 2021 regarding a request for an exemption to Fence By-law # 4394- 99 at 48 Flint Crescent related to rear and side yard fences be received for information; and, 2. Notwithstanding any other provisions of Fence By- law # 4394-99 to the contrary, a privacy fence 2.3 metres high is permitted in the side yard between 46 and 48 Flint Crescent, and a privacy fence 2.4 metres high is permitted in the rear yard between 40 and 42 Sutcliffe Drive and 48 Flint Crescent.
Carried
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9. Staff Reports
9.1 Legal and Enforcement Services Report, LS 02-21 Re: Award to DocuPet Services Ltd. for Whitby Pet Licensing Services A brief question and answer period ensued between Members of Committee and Staff regarding the benefits of utilizing DocuPet Services Ltd. as opposed to the current internal pet licensing system.
Recommendation:
Moved By Councillor Drumm
1. That Council approve the sole source award to DocuPet Services Ltd. for animal licensing services based on the terms outlined in Report LS 02-21; 2. That the Mayor and Clerk be authorized to execute the agreement with DocuPet Services Ltd., together with any other documents necessary to give effect to the agreement, subject to the satisfaction of the Town Solicitor; and, 3. That staff bring forward an amendment to the Town’s Fees and Charges By-law for animal licensing fees pursuant to Report LS 02-21.
Carried
It was the consensus of the Committee to hear Item 6.2, Presentation by Sara Demoe, and Lara Scott, at this time.
9.2 Office of the Chief Administrative Officer Report, CAO 09-21 Re: Farmers’ Market – 2021 Update
Recommendation:
Moved By Councillor Mulcahy
1. That report CAO 09-21 be received for information; and, 2. That staff be authorized to prepare an agreement between the Durham Region Farmers’ Market
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Association and the Town of Whitby, in accordance with the recommendations contained in Report CAO 09-21, for use of Municipal Parking Lot 9 in Brooklin and Celebration Square at the Whitby Public Library effective May 1, 2021 to October 31, 2024.
Carried
It was the consensus of the Committee to hear Item 8.1, Memorandum regarding the Whitby Sustainability Advisory Committee's 2020 Annual Report, at this time.
9.3 Office of the Chief Administrative Officer, Community Services Department, and Public Works Department Joint Report, CAO 11-21 Re: 2021 Earth Day and Provincial Day of Action on Litter Celebrations
Recommendation:
Moved By Councillor Newman
1. That Report CAO 11-21 be received as information; 2. That Council recognize May 11, 2021, as the Provincial Day of Action on Litter; and, 3. That this report be forwarded to Whitby Advisory Committees of Council as correspondence for information.
Carried
9.4 Public Works Department and Legal and Enforcement Services Joint Report, PW 9-21 Re: No Parking within the Municipal Boulevard A question and answer period ensued between Members of Committee and Staff regarding: the discretion that Town Staff would exercise during the current Stay-at-Home Order; and, the process that Town Staff follow with respect to warnings, and the recourse residents would have in the event tickets were issued during the period of the Stay-at-Home Order.
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Recommendation:
Moved By Councillor Newman
1. That Report PW 9-21 be received for information; and, 2. That MD-5659 be removed from the New and Unfinished Business listing.
Carried
9.5 Public Works Department Report, PW 11-21 Re: Impact of COVID-19 on Curbside Waste Generation A question and answer period ensued between Members of the Committee and Staff regarding opportunities to increase the garbage bag limit during the period of the Stay-at-Home Order; details about the dumping of garbage at Town parks; the ability to issue fines for dumping garbage and communications to the public about dumping garbage; whether waste receptacles would be re-installed at Town parks during the spring and summer seasons; and, whether more signage regarding fines could be installed in areas of concern.
Recommendation:
Moved By Councillor Leahy
That Public Works report PW 11-21 be received as information.
Carried
9.6 Public Works Department Report, PW 13-21 Re: Brooklin South Interim Resources Strategy [Revised]
Recommendation:
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Moved By Councillor Leahy
1. That Council approve staff report PW 13-21 recommendation for an Interim Resources Strategy for the Brooklin South Draft Plans Review Stage which is to engage engineering consultants to be funded by the Brooklin South (C & A) Landowners Group (See Attachment 1). 2. That Council approve the list of consultants, as presented in staff report PW 13-21 to be retained by the Town as sole source consultants to provide Engineering Consultant services at the Draft Plan Application stage for the Brooklin South Developments as shown in Attachment 1; and, 3. That staff continue to provide status updates as required, to Council on the recommended resource strategy for the Brooklin expansion.
Carried
9.7 Community Services Department Report, CMS 06-21 Re: Appointment of Members to the 55+ Recreation Advisory Committee and an Update on Current 55+ Recreation Activities
Recommendation:
Moved By Councillor Shahid
1. That Council approve and appoint the following individuals to the Whitby 55+ Recreation Advisory Committee for a period of one year ending December 31, 2021: Mary Poirier Maureen Licsi Joanne Smith Sharon Bagatto 2. That Council receive as information an update on current activities offered by 55+ Recreation during the pandemic.
Carried
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10. New and Unfinished Business - General Government
10.1 Highway 412 and Highway 418 Tolls Councillor Mulcahy introduced a motion regarding Highway 412 and Highway 418 Tolls. A question and answer period ensued between Members of Committee and Staff regarding: whether there has been any recent communications with M.P.P. Coe about the removal of tolls on Highways 412 and 418; the anticipated timeline for receipt of communication from the Provincial Government; opportunities to consider a strategy on the matter should communication from the Province not be received within several weeks; referring the matter to Staff for a report back in order to work on a strategy; and, withdrawing the motions at this time and providing information to Council after Staff and the Mayor follow up on the matter with M.P.P. Coe.
Recommendation:
Moved By Councillor Mulcahy
Whereas the Council of the Town of Whitby has on four previous occasions requested that the Province remove tolls on Highway 412 (see attached Resolutions 602-16, 391-17, 181-18, and 232-19);
Whereas all other Ontario link highways to and from Highway 401 except those in Durham Region are non-tolled highways; and,
Whereas tolls on Highway 412 and 418 are a distinct disadvantage and disincentive to Durham Region to efficiently move goods, services and people and to attract and retain prestige industrial and office investments and value added jobs for the employment lands abutting the provincial highway; and,
Whereas Highways 412 and 418 are underutilized because
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of the tolls, resulting in increased traffic on local collector roads and Highway 401;
Now Therefore be it Resolved:
1. That the Council of the Town of Whitby requests that Lorne Coe, M.P.P. for Whitby, respond to Council regarding the elimination of tolls on Highways 412 and 418; and, 2. That the Clerk be directed circulate a copy of this resolution to Premier Doug Ford; the Honourable Caroline Mulroney, Minster of Transportation and Minister of Francophone Affairs; the Honourable Peter Bethenfalvy, Minister of Finance and President of the Treasury Board; Lorne Coe, MPP Whitby; all Durham Region MPPs; John Henry, Regional Chair; and Durham Area Municipalities.
[See following motion]
Recommendation:
Moved By Councillor Leahy
That the motion regarding tolls on Highways 412 and 418 be referred to Staff to report to Council in Q4 2021 with the following: 1. A unified strategy for advocating for the removal of the 412 and 418 tolls with a messaging campaign; and, 2. That staff engage in ongoing communication with MPP Coe on the process with the Ministry of Transportation regarding the elimination of the 412 and 418 tolls.
Following discussion on this matter as captured above, Councillor Mulcahy agreed to withdraw the main motion and therefore the referral motion was no longer in order.
10.2 COVID-19 Case Numbers in Whitby Councillor Roy advised that Dr. Kyle, Medical Officer of Health, Regional Municipality of Durham, provided an update about the increase in the number of COVID-19
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cases by Health Neighbourhoods. Councillor Roy noted that the case numbers per 100,000 in the neighbourhood of Williamsburg and in northwest Whitby - Brooklin were somewhat comparable to hot spots in Pickering and Ajax. Councillor Roy suggested that the Town request that consideration be given to prioritize areas of Whitby as high priority areas as needed. Discussion ensued between Members of Committee regarding: hot spots being identified by the Provincial Government; and, areas of Whitby being treated the same as other hot spot areas should specific areas of Whitby be identified as a hot spots.
11. Closed Session The Committee did not move into Closed Session to hear Confidential Report LS 03-21 or the Confidential Memorandum regarding Recommendation for Appointment to the Property Standards Appeal Committee and the recommendations were moved and carried in Open Session.
11.1 Confidential Legal and Enforcement Services and Public Works Department Joint Report, LS 03-21 Re: Proposed Purchase of Storm Drain Easement at 122 Way Street, Whitby
Recommendation:
Moved By Councillor Newman
1. That staff be directed to proceed with Option 3 as set out in Report LS 03-21; and, 2. That the Mayor and Clerk are authorized to execute the easement agreement for 122 Way St. that is included as Attachment 1 to Report LS 03-21, together with any other documents necessary to give effect to the agreement.
Carried
11.2 Confidential Memorandum from C. Harris, Town Clerk
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dated March 29, 2021 regarding Recommendation for Appointment to the Property Standards Appeal Committee
Recommendation:
Moved By Councillor Newman
That Council appoint Ryan Peers to the Property Standards Appeal Committee for the term ending November 14, 2022 or until a successor is appointed.
Carried
12. Rising and Reporting
12.1 There were no matters considered in closed session; therefore, the Committee did not rise and report.
Adjournment
Motion to Adjourn
Recommendation:
Moved By Councillor Mulcahy
That the meeting adjourn.
Carried
The meeting adjourned at 9:04 p.m.
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Committee of the Whole Minutes April 19, 2021 - 7:00 PM Virtual Meeting
Present: Mayor Mitchell (participating electronically) Councillor Drumm (participating electronically) Councillor Leahy (participating electronically) Councillor Lee (participating electronically) Councillor Mulcahy (participating electronically) Councillor Newman (participating electronically) Councillor Shahid (participating electronically) Councillor Yamada (participating electronically)
Also Present: M. Gaskell, Chief Administrative Officer S. Beale, Commissioner of Public Works W. Mar, Commissioner of Legal and Enforcement Services/Town Solicitor J. Romano, Commissioner of Community Services R. Saunders, Commissioner of Planning and Development D. Speed, Fire Chief F. Wong, Commissioner of Financial Services/Treasurer H. Ellis, Executive Advisor to the Mayor S. Klein, Director of Strategic Initiatives C. Harris, Town Clerk K. Narraway, Manager of Legislative Services/Deputy Clerk L. MacDougall, Council and Committee Coordinator (Recording Secretary)
Regrets: Councillor Roy
C. Harris, Town Clerk, advised that due to the ongoing COVID-19 pandemic, the Committee of the Whole meeting is being held in a virtual meeting format. Call to Order Call of the Roll: The Clerk Declarations of Pecuniary Interest
There were no declarations of pecuniary interest.
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Committee of the Whole Minutes April 19, 2021 - 7:00 PM
General Government
Councillor Drumm assumed the Chair. 1. Presentations
1.1 There were no presentations.
2. Delegations
2.1 There were no delegations.
3. Correspondence
3.1 Memorandum from J. Romano, Commissioner of Community Services, dated April 9, 2021 regarding Forest Heights Park basketball court relocation Discussion ensued between Members of Committee regarding: concerns raised by residents residing close to the basketball court about the use of the basketball court disrupting their peace and quiet; concerns raised by a resident whose son relies on the basketball court as an outlet during the COVID-19 pandemic; the possibility of relocating the basketball court within the park; the distance between the basketball court and the adjacent residential properties; and, the location of the basketball court not meeting current best practice or design standards.
Recommendation:
Moved By Councillor Leahy
That the Memorandum from J. Romano, Commissioner of Community Services, dated April 9, 2021 regarding Forest Heights Park basketball court relocation be received for information.
Carried later in the meeting [See following motion]
Recommendation:
Moved By Councillor Leahy
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That the main motion be amended by including Item 2 as follows: 2. That Staff be directed to continue to explore relocating the basketball court along the north side of the north soccer field adjacent to the Durham District School Board property and report to Council at a future date.
Carried
The main motion, as amended, was then carried as follows:
Recommendation:
Moved By Councillor Leahy
1. That the Memorandum from J. Romano, Commissioner of Community Services, dated April 9, 2021 regarding Forest Heights Park basketball court relocation be received for information; and, 2. That Staff be directed to continue to explore relocating the basketball court along the north side of the north soccer field adjacent to the Durham District School Board property and report to Council at a future date.
Carried
3.2 Correspondence # 2021-401 from the Mary Medeiros, City Clerk, City of Oshawa, dated April 8, 2021 regarding the process to establish the City of Oshawa including the lands in Oshawa operated by Hamilton- Oshawa Port Authority as a Foreign Trade Zone A brief discussion ensued between Members of Committee regarding an assurance that Staff would use best efforts to seek out opportunities at the Provincial and Federal Government levels through the Economic Development Strategy that would attract and support business in Whitby as well as broader international opportunities.
Recommendation:
Moved By Councillor Newman
That Correspondence # 2021-401 from the Mary Medeiros, City Clerk, City of Oshawa, dated April 8, 2021 regarding the process to establish the City of Oshawa including the lands in Oshawa operated by Hamilton-Oshawa Port Authority as a Foreign Trade Zone be received
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for information.
Carried
4. Staff Reports
4.1 Financial Services Department Report, FS 10-21 Re: Remuneration and Expenses paid to Mayor and Members of Council and Council Appointees to Boards – 2020
Recommendation:
Moved By Councillor Shahid
That Report FS 10-21 of the Commissioner, Financial Services/Treasurer be received for information.
Carried
4.2 Public Works Department and Financial Services Department Joint Report, FS 15-21 Re: T-7-2021 – Garden Street Multi-Use Path and Tree Planting (from Dryden Boulevard to Taunton Road) A question and answer period ensued between Members of Committee and Staff regarding: whether the trees planted as part of this project would be permanent and whether the new plantings would be impacted by the Environmental Assessment Study and the widening of Garden Street; and, whether the additional tree plantings along Chiltern Place would be included within the total cost of the project.
Recommendation:
Moved By Councillor Newman
1. That Tender T-7-2021 be awarded to Wyndale Paving Co. Ltd, in the amount of $431,382.75 (plus applicable taxes), funded from the capital project 40206009 – Garden Street Multi-Use Path and Tree Planting (from Dryden to Taunton); 2. That the revised cost estimate of $670,396.00 for the Garden Street Multi-Use Path project (capital project 40206009) be approved; and,
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3. That the Mayor and Clerk be authorized to execute the contract documents.
Carried later in the meeting [See following motion]
Recommendation:
Moved By Councillor Newman
That the main motion be amended by adding the following as Item 3 and that the remaining item be renumbered accordingly: 3. That Staff continue to review further opportunities to plant additional trees in the adjacent boulevards, including along Chiltern Place, as part of the Garden Street Multi-Use and Tree Planting project and as part of the future widening of Garden Street.
Carried
The main motion, as amended, was then carried as follows:
Recommendation:
Moved By Councillor Newman
1. That Tender T-7-2021 be awarded to Wyndale Paving Co. Ltd, in the amount of $431,382.75 (plus applicable taxes), funded from the capital project 40206009 – Garden Street Multi-Use Path and Tree Planting (from Dryden to Taunton); 2. That the revised cost estimate of $670,396.00 for the Garden Street Multi-Use Path project (capital project 40206009) be approved; 3. That Staff continue to review further opportunities to plant additional trees in the adjacent boulevards, including along Chiltern Place, as part of the Garden Street Multi-Use and Tree Planting project and as part of the future widening of Garden Street; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.
Carried
4.3 Public Works Department and Financial Services Department Joint Report, FS 17-21
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Re: T-513-2021 – Surface Treatment and Slurry Seal
Recommendation:
Moved By Councillor Mulcahy
1. That Tender T-513-2021 be awarded to Miller Paving Limited, in the amount of $211,144.50 (plus applicable taxes), for 2021 surface treatment and slurry seal works, to be funded from the capital projects listed in Table 2 of Report FS 17-21; 2. That the revised cost estimates, totaling $254,860.65, for the three capital projects noted in Table 2 of Report FS 17-21 be approved; 3. That approval be granted to extend this contract for one (1) additional term subject to budget approval and the Contractor’s successful performance of the previous term including product quality and timely delivery; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.
Carried
4.4 Community Services Department and Financial Services Department Joint Report, FS 19-21 Re: T-11-2021 – Playground Improvements Davies, Ennisclare and Hannam Parks A brief question and answer period ensued between Members of Committee and Staff regarding whether the playground improvements would include playground equipment improvements.
Recommendation:
Moved By Councillor Shahid
1. That Tender T-11-2021 be awarded to Gray’s Landscaping & Snow Removal Inc. in the amount of $260,493.45 (plus applicable taxes), for 2021 Playground Improvements for Davis, Ennisclare and Hannam Parks, to be funded from the capital projects listed in Table 2 of Report FS 19-21; 2. That the revised cost estimates totaling $550,755.55, for the three capital projects noted in Table 2 of Report FS 19-21 be approved; and, 3. That the Mayor and Clerk be authorized to execute the contract
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documents.
Carried
4.5 Financial Services Department Report, FS 20-21 Re: 2021 Final Tax Billing
Recommendation:
Moved By Councillor Leahy
1. That the property tax rates for the year 2021, General Municipal Town Levies be approved as indicated in Schedule “A”, attached to Report FS 20-21; 2. That staff be authorized to calculate the special tax levy and tax rates for the properties located within the Downtown Whitby Business Improvement Area (BIA) for the purposes of a Special Tax Levy by-law for the BIA following Council receipt and approval of the BIA’s 2021 Budget; 3. That the final tax bill due dates for the Residential, Farmland, Pipeline and Managed Forest tax classes be June 24, 2021 and September 24, 2021; 4. That the final tax bill due dates for the capped tax classes (Commercial, Industrial and Multi-Residential) also be established for June 24, 2021 and September 24, 2021; 5. That prior to the issuance of the final tax bills, the Treasurer be authorized to adjust the due dates for the capped tax classes only and notify Council at the earliest opportunity; and, 6. That a By-Law for the General Municipal Town Levies and a separate bylaw for the Special Tax Levy in support of the BIA, to set the due dates and levy rates for 2021 in accordance with the approved budgets and regulations, be brought forward at a future Council meeting.
Carried
4.6 Financial Services Department Report, FS 21-21 Re: Delegated Authority for Grant Applications and Procurements A question and answer period ensued between Members of Committee and Staff regarding: whether the proposed delegated authority for the submission of grant applications, the execution of grant agreements, and procurements awarded would work in conjunction with the
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emergency delegated authority to the Mayor and the Chief Administrative Officer as a result of the State of Emergency Declaration; whether the delegated authority to Staff should be for time- sensitive grant applications as opposed to a blanket delegated authority for all Federal and Provincial grant applications; and, providing updates on grant applications by way of memorandums to Members of Council.
Recommendation:
Moved By Councillor Shahid
1. That staff be delegated the authority to submit all Federal or Provincial grants applications, normally requiring Council authorization beforehand, until April 1, 2023 subject to the agreement of the Chief Administrative Officer, Commissioner responsible for the project, and the Treasurer; 2. That the Treasurer, Commissioner, and Senior Manager of Procurement be delegated authority to award all contracts related to Federal or Provincial grant projects, that are within budget and normally require Council authorization beforehand, until April 1, 2023; and, 3. That staff report on grant applications submitted, grant agreements executed, and procurements awarded, that normally would require Council approval, at the earliest opportunity following the event.
Carried
4.7 Office of the Town Clerk Report, CLK 05-21 Re: Boards and Committees Code of Conduct Update
Recommendation:
Moved By Councillor Newman
1. That the Clerk be directed to bring forward a by-law to adopt the amendments to the Boards and Advisory Committees Code of Conduct as shown in Attachment 1 appended to Report CLK 05- 21; and, 2. That the Clerk be directed to circulate a copy of Council’s decision and Report CLK 05-21 to Mr. Guy Giorno, Integrity Commissioner.
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Carried
4.8 Public Works Department Report, PW 01-21 Re: Urban Forest Management Plan - Terms of Reference
Note: This Report was withdrawn.
4.9 Public Works Department Report, PW 15-21 Re: Highway 7/12 Alternate Route Environmental Assessment Status Update and Short Term Project Management Strategy A brief question and answer period ensued between Members of Committee and Staff regarding whether the approvals of development applications on Baldwin Street north of Columbus Road would be based on local improvement standards as opposed to standards imposed by the Ministry of Transportation.
Recommendation:
Moved By Councillor Leahy
1. That Council receive status update for Highway 7/12 Alternate Route Environmental Assessment (EA) Study; 2. That Council approve the additional expenditure of $75,000, to a total of $125,000, to Bumstead Integrated Transportation Consulting Ltd. as Senior Project Manager for the project, funded from capital project 40160502 - EA Study for Highway 7/12 Alternate Route; and, 3. That Council approve the continuation of the sole source of Bumstead Integrated Consulting Ltd. as the Senior Project Manager for the EA Study for Highway 7/12 Alternate Route, in accordance with the Purchasing Policy, as the consultant is already at work on the project.
Carried
4.10 Legal and Enforcement Services Report, LS 04-21 Re: Stop Up and Close Part of Way Street to Correct Title Issue (68 Way Street)
Recommendation:
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Committee of the Whole Minutes April 19, 2021 - 7:00 PM
Moved By Councillor Newman
1. That Council stop up and close a portion of Way Street as a public highway being Part Lot 24, Concession 6, designated as Part 9 on Plan 40R-27926, Town of Whitby (PIN 26572-2372 (LT)) (the “Subject Lands”); 2. That Council waive the Town’s requirement of giving public notice of its intention to stop up and close the Subject Lands as a public highway; and, 3. That a by-law be brought forward authorizing the stopping up and closing of the Subject Lands as a public highway.
Carried
4.11 Legal and Enforcement Services and Office of the Town Clerk Joint Report, LS 05-21 Re: Election Sign By-law Survey Results and proposed Election Sign By-law A question and answer period ensued between Members of Committee and Staff regarding: whether there was an opportunity for consultation on the proposed amendment; confirmation that the amendment would require a 250 metre distance separation for signs for provincial and federal elections on arterial and regional roads; and, clarification on election sign regulations on mixed ownership roads.
Recommendation:
Moved By Councillor Leahy
1. That Staff Report LS 05-21 be received for information; 2. That the Clerk be directed to bring forward a stand-alone Election Sign By-law to give effect to the recommendations contained in Section 4.3 of Report LS 05-21; 3. That the Clerk be directed to bring forward a by-law to amend Temporary Sign By-law # 5696-05 to remove provisions in the by- law regulating election signs; and, 4. That Item MD-4917 be removed from the General Government New and Unfinished Business List.
Carried later in the meeting [See following motion]
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Recommendation:
Moved By Mayor Mitchell
That Item 2 of the main motion be amended to read as follows: 2. That the Clerk be directed to bring forward a stand-alone Election Sign By-law to give effect to the recommendations contained in Section 4.3 of Report LS 05-21, except that signs for candidates in provincial and federal elections be required to be separated by a minimum distance of 250 metres instead of 500 metres on arterial and regional roads.
Carried
The main motion, as amended, was then carried as follows:
Recommendation:
Moved By Councillor Leahy
1. That Staff Report LS 05-21 be received for information; 2. That the Clerk be directed to bring forward a stand-alone Election Sign By-law to give effect to the recommendations contained in Section 4.3 of Report LS 05-21, except that signs for candidates in provincial and federal elections be required to be separated by a minimum distance of 250 metres instead of 500 metres on arterial and regional roads; 3. That the Clerk be directed to bring forward a by-law to amend Temporary Sign By-law # 5696-05 to remove provisions in the by- law regulating election signs; and, 4. That Item MD-4917 be removed from the General Government New and Unfinished Business List.
Carried
4.12 Fire and Emergency Services Department Report, FR 02-21 Re: Provincial Grant Opportunity for Whitby Fire and Emergency Services
Recommendation:
Moved By Councillor Shahid
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Committee of the Whole Minutes April 19, 2021 - 7:00 PM
1. That the Town of Whitby Council endorse the Town’s application for the 2020/2021 Fire Safety Grant provided by the Office of the Ontario Fire Marshal and Emergency Management (OFMEM); 2. That a new capital project be established in the amount of $36,200 funded from the Fire Safety Grant; and, 3. That staff be authorized execute all agreements related to the Fire Safety Grant.
Carried
5. New and Unfinished Business - General Government
5.1 Highway 412 and 418 Tolls Councillor Mulcahy introduced a motion regarding Highway 412 and Highway 418 Tolls. A detailed discussion ensued between Members of Committee regarding: the Ministry of Transportation's decision to toll the highways; the role of elected officials to address the issue of the inequities of the tolls on Highway 412 and Highway 418 versus other Greater Toronto Area (GTA) highways; suspension of the tolls on Highway 412 and Highway 418 until a tolling strategy was adopted that was fair, consistent, and equitable across the Greater Toronto and Hamilton Area; the costs associated with the construction, extension and widening of Highway 427 and that there are no tolls on that highway; the request for the elimination of the tolls on Highway 412 and Highway 418 through advocacy as opposed to an adversarial approach; opportunities to highlight the differences of unequal treatment of residents in the east versus the west; the number of requests previously submitted to eliminate the tolls on Highway 412 and Highway 418; building a strategy to address the issue more proactively to ensure the message of inequality was heard; the need to direct Staff to develop a strategy for a continued advocacy campaign for eliminating the tolls on Highway 412 and Highway 418; challenging the Minister of Transportation regarding eliminating the tolls on Highway 412 and Highway 418; and, the necessity for Staff to review and provide a summary of the
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Tolling Analysis Report to Council.
Recommendation:
Moved By Councillor Mulcahy
Whereas the Council of the Town of Whitby has on four previous occasions requested that the Province remove tolls on Highway 412 (see attached Resolutions 602-16, 391-17, 181-18, and 232-19);
Whereas all other Ontario link highways to and from Highway 401 except those in Durham Region are non-tolled highways; and,
Whereas the municipality of Whitby and Council at the time of the decision making was aware of the tolls to the 407 but not that of the 412; and
Whereas Highway 427 has recently seen improvements valued at more than 600 million dollars funded provincially and not from tolls; and
Whereas tolls on Highway 412 and 418 are a distinct disadvantage and disincentive to Durham Region to efficiently move goods, services and people and to attract and retain prestige industrial and office investments and value added jobs for the employment lands abutting the provincial highway; and,
Whereas Highways 412 and 418 are underutilized because of the tolls, resulting in increased traffic on local collector roads and Highway 401;
Whereas in 2018 election promises were made to remove the tolls from the 412 and 418,
Whereas in the last four years of tolling operations, the toll rates have increased by 2.27% (page 37 of Ministry of Transportation Tolling Analysis Report April 2021);
Now Therefore be it Resolved:
1. That the Council of the Town of Whitby requests that Lorne Coe, M.P.P. for Whitby, and all other Durham Area MPPs to challenge the Minister of Transportation to further address the inequalities between Durham 400 series highways and other GTA 400 series highways, to eliminate the tolls on Highways 412 and 418 as was promised in 2018;
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2. That the Clerk circulate this to all other area municipalities and Durham Region for endorsement; 3. That the Clerk be directed circulate a copy of this resolution to Premier Doug Ford; the Honourable Caroline Mulroney, Minster of Transportation and Minister of Francophone Affairs; the Honourable Peter Bethenfalvy, Minister of Finance and President of the Treasury Board; Lorne Coe, MPP Whitby; all Durham Region MPPs; John Henry, Regional Chair; and Durham Area Municipalities; and, 4. That the responsibility of changes to tolling contracts for the 412 and 418 should be borne by the province as the Municipality of Whitby were not involved or aware of the tolling decisions.
Carried later in the meeting [See following motions]
Recommendation:
Moved By Councillor Leahy
That Item 1 of the main motion be amended to read as follows: That the Council of the Town of Whitby requests that Lorne Coe, M.P.P. for Whitby, and all other Durham Area MPPs work with the Minister of Transportation to further address the inequalities between Durham 400 series highways and other GTA 400 series highways, to eliminate the tolls on Highways 412 and 418 as was promised in 2018.
Carried
Recommendation:
Moved By Councillor Yamada
That the main motion be amended by adding the following as Item 1 and that the remaining items be renumbered accordingly: 1. That Staff develop a strategy for continued municipal advocacy surrounding the removal of the 412 and 418 tolls.
Carried later in the meeting [See following motions]
Recommendation:
Moved By Councillor Newman
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That the Item 1 amendment moved by Councillor Yamada be further amended by renumbering it as Item 2 and revising to read: That Council and Staff work to develop a strategy for continued municipal advocacy surrounding the removal of the 412 and 418 tolls.
Carried
The amendment, as amended, was then carried as follows:
Recommendation:
2. That Council and Staff develop a strategy for continued municipal advocacy surrounding the removal of the 412 and 418 tolls.
Carried
The main motion, as amended, was then carried as follows:
Recommendation:
Moved By Councillor Mulcahy
Whereas the Council of the Town of Whitby has on four previous occasions requested that the Province remove tolls on Highway 412 (see attached Resolutions 602-16, 391-17, 181-18, and 232-19);
Whereas all other Ontario link highways to and from Highway 401 except those in Durham Region are non-tolled highways; and,
Whereas the municipality of Whitby and Council at the time of the decision making was aware of the tolls to the 407 but not that of the 412; and
Whereas Highway 427 has recently seen improvements valued at more than 600 million dollars funded provincially and not from tolls; and
Whereas tolls on Highway 412 and 418 are a distinct disadvantage and disincentive to Durham Region to efficiently move goods, services and people and to attract and retain prestige industrial and office investments and value added jobs for the employment lands abutting the provincial highway; and,
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Whereas Highways 412 and 418 are underutilized because of the tolls, resulting in increased traffic on local collector roads and Highway 401;
Whereas in 2018 election promises were made to remove the tolls from the 412 and 418,
Whereas in the last four years of tolling operations, the toll rates have increased by 2.27% (page 37 of Ministry of Transportation Tolling Analysis Report April 2021);
Now Therefore be it Resolved:
1. That the Council of the Town of Whitby requests that Lorne Coe, M.P.P. for Whitby, and all other Durham Area MPPs work with the Minister of Transportation to address the inequalities between Durham 400 series highways and other GTA 400 series highways, to eliminate the tolls on Highways 412 and 418 as was promised in 2018; 2. That Council and Staff work to develop a strategy for continued municipal advocacy surrounding the removal of the 412 and 418 tolls; 3. That the Clerk circulate this to all other area municipalities and Durham Region for endorsement; 4. That the Clerk be directed circulate a copy of this resolution to Premier Doug Ford; the Honourable Caroline Mulroney, Minster of Transportation and Minister of Francophone Affairs; the Honourable Peter Bethenfalvy, Minister of Finance and President of the Treasury Board; Lorne Coe, MPP Whitby; all Durham Region MPPs; John Henry, Regional Chair; and Durham Area Municipalities; and, 5. That the responsibility of changes to tolling contracts for the 412 and 418 should be borne by the province as the Municipality of Whitby were not involved or aware of the tolling decisions.
Carried
Adjournment
Motion to Adjourn
Recommendation:
Moved By Councillor Shahid
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That the meeting adjourn.
Carried
The meeting adjourned at 8:28 p.m.
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Town of Whitby By-law # 7737-21
By-law to Stop Up and Close a Public Highway Being a By-law to stop up and close part of the Public Highway known as Way Street. Whereas the Council of The Corporation of the Town of Whitby pursuant to Legal Services Report LS 04-21 deemed it desirable to stop up and close a portion of the public highway known as Way Street; And whereas Council waived the requirements of giving public notice of its intention to stop up and close pursuant to Public Notice Policy CA 150; As whereas Section 34 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the Council of every municipality may pass by-laws for closing any highway or part of a highway; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows:
1. General That the following portion of the public highway known as Way Street is hereby closed: a) Part Lot 24, Concession 6, Whitby; Part 9, Plan 40R-27926, Town of Whitby (PIN 26572-2372 (LT)). 2. Effective Date 2.2. This by-law shall come into force and effect on the date of passing.
By-law read and passed this 26th day of April, 2021.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
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Town of Whitby By-law # 7738-21
Amendment to By-law # 7246-17 Being a By-law to Amend the Boards and Advisory Committees Code of Conduct By- law # 7246-17. Whereas Section 223.2(1) of the Municipal Act, 2001, S.O. 2001 authorizes a municipality to establish a code of conduct for Boards and Advisory Committees; And whereas the Council of The Corporation of the Town of Whitby considered revisions to the Boards and Advisory Committees Code of Conduct By-law at its meeting on April 26, 2021 and deems it advisable to amend the by-law further to Staff Report CLK 05-21; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General That By-law # 7246-17 be amended as follows: 1.1.1 That section 14.1 (c) be amended to read as follows: Be signed by an identifiable individual or authorized signing officer of an organization. 1.1.2 That section 14.2 be inserted as follows: The Complaint may be submitted directly to the Integrity Commissioner, or to the Town Clerk who shall immediately forward it to the Integrity Commissioner. 1.1.3 That section 14.3 be deleted and replaced as follows: Upon receipt of the Complaint, the Integrity Commissioner shall possess all the authority provided by Part V.1 of the Municipal Act, 2001, and may conduct a review and/or investigation under Section 15 of this Code. 1.1.4 That Section 14.4, 14.5, and 14.6 be deleted in their entirety. 1.1.5 That section 15.1 be amended to read as follows: If the Integrity Commissioner is of the opinion that the Complaint is frivolous, vexatious or not made in good faith, or that there are insufficient grounds for an investigation, the Integrity Commissioner will not conduct an investigation and shall communicate this position in
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writing to the parties and, at the Integrity Commissioner's discretion, to Council. 2. Effective Date
2.1 The provisions of this By-law shall come into force and take effect on the final passing of the By-law.
By-law read and passed this 26th day of April, 2021.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
By-law Name: Amendment to By-law # 7246-17 By-law # 7738-21 Page 2 of 2
Page 115 of 141 Agenda Item # 10.3
Town of Whitby By-law # 7739-21
Traffic By-law Amendment (Schedule A) 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. Whereas the Council of The Corporation of the Town of Whitby has passed By-law # 1862-85 to regulate traffic on highways in the Town of Whitby; And whereas the Council of The Corporation of the Town of Whitby considers it desirable to amend the provisions of By-law # 1862-85; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General Schedule A, No Stopping, to By-law No. 1862-85, as amended, is further amended as follows: Column 1 Column 2 Column 3 Column 4 Highway Side Between Prohibited Times or Days Ashburn Road East and West Highway 7 and Anytime Columbus Road
Carnwith Drive Bike Lane North and Downey Drive Anytime South and Vallance Way
Country Lane East and West Taunton Road Anytime and Ouellette Drive Watford Street Bike Lane East and West Winchester Road Anytime and Carnwith Drive
2. Effective Date 2.1.The provisions of this by-law shall come into force and take effect on the passing thereof and at such time as properly worded signs have been erected.
Page 116 of 141 Agenda Item # 10.3
By-law read and passed this 26th day of April, 2021.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
By-law Name: Update Traffic By-law # 1862-85 By-law # 7739-21 Page 2 of 2
Page 117 of 141 Agenda Item # 10.4
Town of Whitby By-law # 7740-21
Set and Levy Tax Rates for Town General Purposes Being a By-law to set and levy tax rates for the calendar year 2021 for the Town of Whitby and to set penalty and interest rates for unpaid taxes. Whereas, Subsection 312(2) of the Municipal Act, S.O. 2001, c. 25, as amended, provides that for purposes of raising the general local municipality levy, a local municipality shall, each year, pass a by-law levying a separate tax rate, as specified in the by-law, on the assessment in each property class in the local municipality rateable for local municipality purposes; and Whereas, Subsection 342(1) of the Municipal Act, S.O. 2001, c. 25, as amended, states that a local municipality may pass by-laws providing for, (a) the payment of taxes in one amount or by installments and the date or dates in the year for which the taxes are imposed on which the taxes or installments are due; and Whereas, Subsection 342(2) (b) of the Municipal Act, S.O. 2001, c. 25, as amended, allows for a by-law under clause (1) (a) may establish different installments and due dates for taxes on property in different property classes; and Whereas Subsection 345 of the Municipal Act, S.O. 2001, c.25, as amended, states that: A local municipality may, in accordance with this section, pass by-laws to impose late payment charges for the non-payment of taxes or any installment by the due date. Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows:
1. General For the year 2021, it shall levy upon the current value assessments in the property classes set out in Schedule A, attached to and forming part of this by-law, the rates of taxation therein for its purposes. The levy provided in Schedule A to this by-law shall be reduced by the amount of the interim levy for 2021. All taxes, local improvements and other special rates applicable to the Residential, Farm, Managed Forest and Pipeline property classes as set out in Schedule A shall be payable in two installments on June 24, 2021 and September 24, 2021. These dates are subject to amendment by the Treasurer, if required, to meet the statutory notice period as required under the Act.
Page 118 of 141 Agenda Item # 10.4
All taxes, local improvements and other special rates applicable to the remaining property classes as set out in Schedule A shall be payable in two installments on June 24, 2021 and September 24, 2021. These dates are subject to amendment by the Treasurer, if required, to meet the statutory notice period as required under the Act. All taxes, local improvements and other special rates shall be payable by cash, cheque, debit card, bank draft or money order. The penalty charge for non-payment of said taxes on or before the respective due dates shall be at the rate of one and one-quarter (1.25) percent of the amount outstanding on the first day of default plus an additional one and one- quarter (1.25) percent of the amount of taxes unpaid on the first day of each calendar month thereafter in which the default continued, but not after the 31st day of December of 2021, In addition, statutory interest at the rate of one and one-quarter (1.25) percent per month on any unpaid taxes shall be added after the 31st day of December 2021, and an additional one and one-quarter (1.25) percent on the first day of each calendar month thereafter shall be added until such taxes are paid in full. That the Treasurer shall add to the Collector's Roll all or any Municipal charges in arrears for Sewer Billings, Cutting Weeds, Property Standard infractions or any other charges which should be levied pursuant to any Statute or By-Law against the respective properties chargeable therewith and that the same shall be collected in the same manner, including interest and penalty charges, and at the same time as all other rates or levies. That where there is a conflict between a provision(s) of this by-law and any other by-law of the Town of Whitby, the provision(s) of this by-law shall prevail to the extent of the conflict. That in the event any part or provision, including any part or provisions of a Schedule(s) is declared by a court of competent jurisdiction to be void, illegal or invalid, the offending part or provision shall be considered as separate, severable and struck out from the remaining parts or provisions of this by-law which parts or provisions shall remain valid, binding and of full force and effect. 2. Schedule(s) 2.1 Schedule “A” – 2021 General Town Municipal Tax Rates
By-law Name: Set and Levy Tax Rates By-law for Town General Purposes By-law # 7740-21 Page 2 of 5
Page 119 of 141 Agenda Item # 10.4
3. Effective Date 3.1 That the provisions of this by-law shall come into force and take effect on the day of the final passing thereof. By-law read and passed this 26th day of April, 2021.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
By-law Name: Set and Levy Tax Rates By-law for Town General Purposes By-law # 7740-21 Page 3 of 5
Page 120 of 141 Schedule "A" - 2021 General Muncipal Town Tax Rates
Tax Class Taxable AssessmenGeneral Municipal Tax Rate Tax Levy CT - Commercial Full Rate 1,164,966,481 0.00559096 $ 6,513,281.00 CU - Commercial Excess Land 24,301,055 0.00559096 $ 135,866.23 CX - Commercial Vacant Land 57,253,200 0.00559096 $ 320,100.35 DT - Office Full Rate 20,731,974 0.00559096 $ 115,911.64 FT - Farmlands 99,874,000 0.00077117 $ 77,019.83 GT - Parking Lots 7,788,100 0.00559096 $ 43,542.96 IT - Industrial Full Rate 140,427,567 0.00780229 $ 1,095,656.60 IU - Industrial-Excess Land 5,071,300 0.00780229 $ 39,567.75 IX - Industrial Vacant Land 56,872,100 0.00780229 $ 443,732.62 JT - New Industrial Full Rate 5,507,200 0.00780229 $ 42,968.77 KT - New Large Industrial Full Rate 16,045,000 0.00780229 $ 125,187.74 LT - Large Industrial Full Rate 123,387,000 0.00780229 $ 962,701.16 LU - Large Industrial Excess Land 17,373,400 0.00780229 $ 135,552.31 MT - Multi-Res - Full Rate 529,270,100 0.00719692 $ 3,809,114.57 PT - Pipeline 39,877,000 0.00474037 $ 189,031.73 RT - Residential Full Rate 21,844,100,730 0.00385584 $ 84,227,311.93 R1 - Residential Farmland Awaiting Development 75% - 0.00289188 $ - ST - Shopping Full Rate 516,536,688 0.00559096 $ 2,887,935.96 SU - Shopping Excess Land 961,600 0.00559096 $ 5,376.27 TT - Managed Forests 3,777,900 0.00096396 $ 3,641.74 XT - New Commercial Full Rate 189,303,370 0.00559096 $ 1,058,387.57 XU - New Commercial VU/Excess Land 3,867,900 0.00559096 $ 21,625.27 ZT - New Shopping Centre Full Rate 107,771,730 0.00559096 $ 602,547.43 ZU - New Shopping Cent VU/Excess Land 1,355,500 0.00559096 $ 7,578.55 Page 121 of 141
CF - Commercial Full Rate (PIL) 50,797,800 0.00559096 $ 284,008.47 Agenda Item # 10.4 CG - Commercial General Rate (PIL) 152,426,300 0.00559096 $ 852,209.35 CH - Commercial Tax Shared (PIL) 6,176,000 0.00559096 $ 34,529.77 CP - Commercial Full Prov Tenant (PIL) 144,700 0.00559096 $ 809.01 CQ - Commercial Full Excess Land Prov Tenant (PIL) 355,100 0.00559096 $ 1,985.35 CW - Commercial General Excess Land (PIL) 2,161,900 0.00559096 $ 12,087.10 CZ - Commercial General Vacant Land (PIL) 3,763,000 0.00559096 $ 21,038.78
Page 4 of 5 DG - Office Building General Rate (PIL) 376,400 0.00559096 $ 2,104.44 DW - Office General Excess Land (PIL) 187,900 0.00559096 $ 1,050.54 IR -Industrial Tax Tenant Prov- Full Rate (PIL) 990,100 0.00780229 $ 7,725.05 IH - Industrial Taxable Shared PIL 2,590,000 0.00780229 $ 20,207.93 IJ - Industrial Taxable Vacant Land Shared (PIL) 90,000 0.00780229 $ 702.21 IZ - Industrial General Vacant Land (PIL) 5,692,100 0.00780229 $ 44,411.41 FG - Farm General PIL - 0.00077117 $ - FP - Farm Full Prov Tenant (PIL) 1,216,500 0.00077117 $ 938.13 RG - Residential Full Rate (PIL) 21,905,800 0.00385584 $ 84,465.26 RP - Residential Full Prov Tenant (PIL) 1,857,500 0.00385584 $ 7,162.22 RF - Residential Full Rate (PIL) - 0.00385584 $ - E - Exempt 1,075,443,278 $ - Total 26,302,595,273 $ 104,239,075.00 Page 122 of 141 Agenda Item # 10.4
Page 5 of 5 Agenda Item # 10.5
Town of Whitby By-law # 7741-21
Official Plan Amendment Number 121 Being a By-law to adopt Amendment Number 121 to the Official Plan of the Town of Whitby. Whereas Sections 17 and 21 of the Planning Act, R.S.O. 1990, c.P.13, as amended, provide that the Council of a municipality may by by-law adopt amendments to its Official Plan;
And whereas, the Council of The Corporation of the Town of Whitby deems it advisable to amend the Official Plan of the Town of Whitby;
Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows:
1. General Amendment Number 121 to the Official Plan of the Town of Whitby, attached as Schedule “A” to this By-law, is hereby adopted. The Clerk of the Corporation of the Town of Whitby is hereby authorized and directed to forward to the Regional Municipality of Durham the documentation required by Regional By-law 11-2000 and Regional Procedure: Area Municipal Official Plans and Amendments, for exempt Official Plan Amendments. This By-law shall come into force and take effect in accordance with the provisions of the Planning Act.
By-law read and passed this 26th day of April, 2021.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
Page 123 of 141 Agenda Item # 10.5
Schedule ‘A’ to By-Law 7741-21 Amendment # 121 to the Town of Whitby Official Plan Purpose: The purpose of this Amendment to the Town of Whitby Official Plan is to permit the proposed commercial self- storage facility as an additional use as a site specific exception, within the Major Commercial designation, and to enable creation of a lot without frontage upon a public road on the subject land. Location: The lands subject to this Amendment are generally located within Concession 4, Part Lot 26, municipally known as 20 Taunton Road East, identified by Assessment Roll number 18-09-010-037-29725-0000, on the north side of Taunton Road, east of Baldwin Street South. Basis: The Amendment is based on an application to amend the Town of Whitby Official Plan (File: OPA-2020-W/02), as submitted by Smart Centres Real Estate Investment Trust, on behalf of Calloway REIT (Whitby NE) Inc. The Amendment would permit, as an exception to the ‘Major Commercial’ land use designation, the additional use of a commercial self-storage facility on the subject land and would enable the creation of a lot without frontage upon a public road on the subject land. The proposed use would operate in a wholly contained 4-storey building with a gross floor area of 11,733 square metres (126,293 sq. ft.), and would restrict all outdoor storage including the parking and storage of commercial and recreational vehicles and trailers. The proposed development is consistent with the policies of the Provincial Policy Statement in that it would support the infill development of underutilized lands and would utilize existing infrastructure and municipal services. The proposed development conforms to the Growth Plan and overall intent of the policies of the Regional Official Plan by: developing lands that are currently vacant and underutilized within an area identified as a Regional Centre and an intensification area; contributing to the array of uses to support the development of the Regional Centre; contributing to complete communities; and providing a mid- rise built form that would contribute to the increase of the overall long-term FSI within the Regional Centre.
Page 124 of 141 Agenda Item # 10.5
The proposed development meets the overall intent of the policies of the Whitby Official Plan and Brock / Taunton Major Central Area Secondary Plan by: providing an integrated compact form that is an efficient and effective use of land resources and municipal services; contributing to the integrated array of uses which support the planned function of the Brock / Taunton Major Central Area; developing an underutilized remnant parcel of land; providing a built form that is an appropriate transition between the adjacent land use designations and is compatible with the adjacent land uses; providing an appropriate height and built form within the Major Central Area; and contributing to the range of uses needed to serve the diverse needs of the residents within the intensification area. The subject lands are serviceable and suitable for the proposed use, and would be compatible with the existing and designated uses of surrounding lands. Access from a public road to the subject lands, can be provided through easements to ensure that such matters as appropriate shared access across parcels and from/to a public road, vehicular and pedestrian circulation, and municipal servicing, can be provided within the context of this retail plaza setting in a Major Central Area. Development of the subject lands would be subject to the provisions in the implementing Zoning By-law and Site Plan Control By-law and appropriate easements for shared access, vehicular and pedestrian circulation and municipal serving.
Actual Amendment: The Town of Whitby Official Plan is hereby amended as follows: 1) By amending the Brock / Taunton Major Central Area Secondary Plan, to add the following new section:
“11.8.4.13 Notwithstanding any other provisions of this Plan to the contrary, for lands located within Concession 4, Part Lot 26, municipally known as 20 Taunton Road East, identified by Assessment Roll number 18-09-010- 037-29725-0000, the additional use of a commercial self- storage facility may be permitted, provided the operation is wholly enclosed within the building and is subject to the inclusion of appropriate provisions in the Zoning By-law.
Page 125 of 141 Agenda Item # 10.5
In addition, a lot for the commercial self-storage facility may be created without frontage on an open public road provided there are necessary easements respecting such matters as appropriate shared access across parcels to/from a public road, vehicular and pedestrian circulation, and municipal servicing.
Implementation: The provisions set forth in the Town of Whitby Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this amendment.
Interpretation: The provisions set forth in the Town of Whitby Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this amendment
Page 126 of 141 Agenda Item # 10.6
Town of Whitby By-law # 7742-21
Zoning By-law Amendment Being a By-law to amend By-law #1784, as amended, being the Zoning By-law of the Town of Whitby. Whereas, the Council of The Corporation of the Town of Whitby deems it advisable to amend By-law #1784; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General
Schedule ‘B’ to By-law #1784 is hereby amended by changing the zoning from CMU-9* to CMU*-15 for the Subject Land shown on Schedule “A-1” attached to and forming part of this By-law.
Subsection 5P (iv) – Commercial Mixed Use (CMU*) Zone – Exceptions to By-law #1784, as amended, is hereby further amended by adding thereto the following Exception:
(15) CMU*-15: Exception 15 Part of Lot 26, Concession 4 20 Taunton Road East
1. Defined Area
The lands located north of Taunton Road East and east of Baldwin Street South and zoned CMU*-15 shall be subject to the provisions as hereinafter contained. Matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law #1784.
2. Uses Permitted
No person shall within any CMU*-15 Zone use any lot or erect, alter or use any building or structure for any purpose except the following use:
all uses permitted within the CMU*-9 Zone commercial self storage warehouse
Page 127 of 141 Agenda Item # 10.6
3. Zone Provisions
No person shall within any CMU*-15 Zone use any lot or erect, alter or use any building or structure except in accordance with the zone provisions for the CMU*-9 Zone save and except for the following provisions related to a commercial self-storage warehouse.
(a) Lot Line Determination
Notwithstanding the definition of front lot line, the most southerly lot line shall be deemed the front lot line and the most northerly lot line shall be deemed the rear lot line. All other lot lines shall be deemed to be interior side lot lines.
(b) Lot Coverage Maximum 55%
(c) Front Yard Minimum Depth 14.5 m
(d) Interior Side Yard Minimum Width 0.0 m
(e) Rear Yard Minimum Depth 3.0 m
(f) Parking Requirements
(i) Number of Parking Spaces
The minimum number of outdoor parking spaces required for a 4-storey commercial self-storage warehouse with a maximum gross floor area of 11,500 m2 shall be 28 spaces.
(ii) Location of Parking Spaces
Any parking spaces and parking area shall be set back a minimum of 1.8 m from the first storey wall of the main building, 0.3 m from the front lot line and 1.5 m from any interior side lot line.
(iii) Number of Loading Spaces Minimum 1 space
By-law Name: Zoning By-law Amendment By-law # 7742-21 Page 2 of 4
Page 128 of 141 Agenda Item # 10.6
(iv) Outside Storage
The activities and other operations incidental and accessory to a commercial self-storage warehouse, including storage of goods, materials and parking and storage of commercial vehicles, recreational vehicles and trailers shall be carried on within the confines of a building, provided, however, that nothing herein shall be deemed to prevent the occasional outside parking of vehicles by the owner, tenants, employees and customers.
4. Definitions
For the purpose of the interpretation of the various zone provisions set forth above, the following definitions shall apply and where there is a conflict between the definitions set forth hereunder and those set forth in Section 2 of By-law #1784, the following definitions shall apply:
(a) “Commercial Self Storage Warehouse” means a building or part of a building where separate compartmentalized storage units are made available to the public and where the public are permitted to access the building to place or remove their personal property.
5. Zoning Provisions That Do Not Apply
The following zone provisions shall not apply to the lands zoned CMU*-15 by this By-law amendment:
4(e) Frontage on Public Street 4(m) Ten Percent (%) of Every Lot 4(w) Satellite Dishes
This By-law shall not come into full force and effect until Amendment No. 121 to the Town of Whitby Official Plan has received final approval.
By-law read and passed this 26th day of April, 2021.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
By-law Name: Zoning By-law Amendment By-law # 7742-21 Page 3 of 4
Page 129 of 141 Agenda Item # 10.6
Schedule A-1 To By-law # 7742-21 This is Schedule A-1 to By-law # 7742-21 passed by the
Council of the Town of Whitby this 26th day of April , 2021.
Clerk Mayor
Broadleaf Ave
Baldwin St S McKinney Dr Dr McKinney Subject Land From: CMU*-9 To: CMU*-15
25.0m 56.75m
95.50m
Taunton Rd W Taunton Rd E
Brock St N Riverwood St Riverwood Hubbell Dr
Page 130 of 141 Agenda Item # 10.7
Town of Whitby By-law # 7743-21
Part Lot Control By-law Being a By-law to designate certain portions of a registered Plan of Subdivision (SW- 2013-04) as not being subject of Part Lot Control. Whereas subsection 50(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Act”), provides that the council of a local municipality may by by-law provide that the part-lot control provisions in subsection 50(5) of the Act, do not apply to the land that is within a registered plan of subdivision as is designated in the by-law; And whereas, the Council of The Corporation of the Town of Whitby considers it appropriate to pass such a by-law relating to the lands hereinafter described; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General That subsection 50(5) of the Act shall not apply to the following lands, all situated in the Town of Whitby, Regional Municipality of Durham; (a) Block 170, Plan 40M-2686, being all of PIN 26547-2461 (LT); (b) Block 171, Plan 40M-2686, being all of PIN 26547-2462 (LT). (c) Block 172, Plan 40M-2686, being all of PIN 26547-2463 (LT); (d) Block 173, Plan 40M-2686, being all of PIN 26547-2464 (LT); (e) Block 174, Plan 40M-2686, being all of PIN 26547-2465 (LT); (f) Block 175, Plan 40M-2686, being all of PIN 26547-2466 (LT); (g) Block 176, Plan 40M-2686, being all of PIN 26547-2467 (LT); (h) Block 177, Plan 40M-2686, being all of PIN 26547-2468 (LT); (i) Block 178, Plan 40M-2686, being all of PIN 26547-2469 (LT); (j) Block 179, Plan 40M-2686, being all of PIN 26547-2470 (LT); (k) Block 180, Plan 40M-2686, being all of PIN 26547-2471 (LT); (l) Block 181, Plan 40M-2686, being all of PIN 26547-2472 (LT); and, (m) Block 181, Plan 40M-2648, being all of PIN 26547-1760 (LT); That a copy of this By-law be registered in the appropriate Land Registry Office on title on the lands set out herein. 2. Effective Date
Page 131 of 141 Agenda Item # 10.7
The by-law shall be in force and effect upon final passage thereof, and shall remain in force and effect for a period of two (2) years from the date of its passing, ending April 26, 2023.
By-law read and passed this 26th day of April, 2021.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
By-law Name: Part Lot Control By-law By-law # 7743-21 Page 2 of 2
Page 132 of 141 Agenda Item # 10.8
Town of Whitby By-law # 7744-21
Official Plan Amendment Number 99 Being a By-law to adopt Amendment Number 99 to the Official Plan of the Town of Whitby. Whereas Sections 17 and 21 of the Planning Act, R.S.O. 1990, c.P.13, as amended, provide that the Council of a municipality may by by-law adopt amendments to its Official Plan;
And whereas, the Council of The Corporation of the Town of Whitby deems it advisable to amend the Official Plan of the Town of Whitby;
Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General Amendment Number 99 to the Official Plan of the Town of Whitby, attached as Schedule “A” to this By-law, is hereby adopted. The Clerk of the Corporation of the Town of Whitby is hereby authorized and directed to forward to the Regional Municipality of Durham the documentation required by Regional By-law 11-2000 and Regional Procedure: Area Municipal Official Plans and Amendments, for exempt Official Plan Amendments. This By-law shall come into force and take effect in accordance with the provisions of the Planning Act.
By-law read and passed this 26th day of April, 2021.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
Page 133 of 141 Agenda Item # 10.8
Schedule ‘A’ to By-Law 7744-21 Amendment # 99 to the Town of Whitby Official Plan
Purpose: The purpose of this Amendment to the Town of Whitby Official Plan is to permit the additional use of a golf course and driving range including ancillary uses, as a site specific exception in the ‘Major Open Space’ designation, and to remove the ‘Resource Extraction Area’ symbol on the subject land.
Location: The lands subject to the Amendment are generally located within Part of Lots 31 and 32, Concession 5, municipally known in part as 745 Winchester Road West and 5515 Coronation Rd, comprising of approximately 65 hectares (160 acres).
Basis: The amendment is based on an application to amend the Town of Whitby Official Plan (File No. OPA-2011-W/01) submitted by The Biglieri Group on behalf of G & L Group Ltd. The application seeks to permit, as a site specific exception to the ‘Major Open Space’ designation the additional use of a golf course and driving range including ancillary uses.
Following review and assessment of the application, and in consideration of public input, the additional use of a golf course and driving range including ancillary uses has been determined to be:
consistent with the Provincial Policy Statement and in conformity with the applicable Provincial Plans, in that it is an appropriate rehabilitation of the former aggregate operations; in conformity with the Durham Regional Official Plan (DROP), in particular DROP Amendment 165, which permits the development of the proposed golf course; and, would maintain the goals and intent of the Town of Whitby Official Plan.
By-law Name: Official Plan Amendment 99 By-law # 7744-21 Page 2 of 4
Page 134 of 141 Agenda Item # 10.8
Actual Amendment: The Town of Whitby Official Plan is hereby amended as follows:
1) By amending Schedule ‘A’ – Land Use of the Town of Whitby Official Plan by deleting the Resource Extraction Area symbol on the subject property, as indicated on the attached Exhibit ‘A’; and
2) By adding the following new section:
“4.9.5.3 Notwithstanding any other provisions of this Plan to the contrary, the additional use of a golf course and driving range including ancillary uses, may be permitted as an exception, on lands located in Part of Lots 31 and 32, Concession 5, identified by Assessment Roll numbers 18-09-010-036-32800-0000, 18-09-010- 036-07600-0000, 18-09-010-036-08700-0000, 18-09- 010-036-07500-0000, and 18-09-010-036-07305-0000, subject to the inclusion of appropriate provisions in the Zoning By-law and Site Plan Control.”
Implementation: The provisions set forth in the Town of Whitby Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this amendment.
Interpretation: The provisions set forth in the Town of Whitby Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this amendment.
By-law Name: Official Plan Amendment 99 By-law # 7744-21 Page 3 of 4
Page 135 of 141
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Page 136 of 141 Agenda Item # 10.9
Town of Whitby By-law # 7745-21
Zoning By-law Amendment
Being a By-law to amend By-law # 1784, as amended, being the Zoning By-law for the Town of Whitby.
Whereas, on February 9, 2015 Council approved applications to amend the Town’s Official Plan and Zoning By-law # 1784 to permit the development of an 18 hole golf course with a driving range, a new clubhouse, and associated accessory buildings and structures on portions of the subject property conditional on the approval of appropriate amendments to the Durham Regional Official Plan, the Town of Whitby Official Plan and Zoning By-law # 1784;
And whereas, the Region of Durham adopted Amendment # 165 to the Durham Regional Official Plan by By-law # 44-2016 on September 14, 2016 to permit an 18 hole golf course with a driving range, clubhouse and maintenance building on the subject property;
And whereas, Amendment # 165 to the Durham Regional Official Plan came into full force and effect as of October 7, 2016;
And whereas, Amendment # 99 to the Town of Whitby Official Plan was approved by Council on February 9, 2015 to permit a golf course and driving range including ancillary uses on the subject property;
And whereas, a by-law to adopt Official Plan Amendment # 99 to the Town of Whitby Official Plan was passed on April 26, 2021 to bring Amendment # 99 into full force and effect subject to final approval of Amendment # 99 by the Region of Durham;
And whereas, the Council of The Corporation of the Town of Whitby now deems it advisable to amend By-law # 1784;
Now therefore the Council of The Corporation of the Town of Whitby enacts as follows:
1. General
That Schedule “B” to By-law # 1784 is hereby amended by changing the zoning from A to A-16 and G-9 of the lands marked A-16 and G-9 shown as the Subject Land on Schedule “A-1” attached to and forming part of this By- law.
Page 137 of 141 Agenda Item # 10.9
That subsection 10(d) Greenbelt (G) Zone – Exceptions to By-law # 1784, as amended, is hereby further amended by adding thereto the following Exception:
Exception 9: (G-9) Part of Lots 31 and 32, Concession 5 745 Winchester Road West and 5515 Coronation Road
1. Defined Area
The lands located south of Winchester Road West and east of Coronation Road and zoned G-9 shall be subject to the provisions as hereinafter contained. Matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law #1784.
2. Uses Permitted
Notwithstanding the uses permitted in the G Zone, in any G-9 Zone only the following uses shall be permitted:
conservation area flood and erosion control structures forest, wildlife and fisheries management
3. Zone Provisions
Notwithstanding any provisions of this By-law to the contrary, in any G-9 Zone the following provisions shall apply:
(a) The zone provisions applicable within any G-9 Zone shall be the same as those set out in the G Zone.
(b) Determination of Greenbelt (G) Zone Boundary
Notwithstanding the provisions of subsection 3(b)(iii) to the contrary, the boundaries of the G-9 Zone shall be as determined by the Central Lake Ontario Conservation Authority.
By-law Name: Zoning By-law Amendment By-law # 7745-21 Page 2 of 6
Page 138 of 141 Agenda Item # 10.9
(c) Vegetation Protection Zone
A Vegetation Protection Zone shall extend a minimum of 30 metres in width beyond the G-9 Zone Boundary that is beyond the boundary of the Key Natural Heritage Feature provided however and notwithstanding the foregoing, the minimum width of the Vegetation Protection Zone may be reduced to a minimum of 10 metres as determined by the Central Lake Ontario Conservation Authority.
That subsection 11(h) Agricultural (A) Zone – Exceptions to By-law # 1784, as amended, is hereby further amended by adding thereto the following Exception:
Exception 16: A-16 Part of Lots 31 and 32, Concession 5 745 Winchester Road West and 5515 Coronation Road
1. Defined Area The lands located south of Winchester Road West and east of Coronation Road and zoned A-16 shall be subject to the provisions as hereinafter contained. Matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law # 1784.
2. Uses Permitted Notwithstanding the uses permitted in the A Zone, in any A-16 Zone only the following uses shall be permitted: golf course golf driving range
3. Zone Provisions Notwithstanding any provisions of this By-law to the contrary, in any A- 16 Zone, the following provisions shall apply:
(a) Clubhouse – Gross Floor Area Maximum excluding any floor area used for golf cart storage and maintenance activities 1858 m2
(b) Zone Provisions That Do Not Apply The following subsections of Section 4 General Provisions shall not apply to the lands zoned A-16 by this By-law: 4 m Ten Percent (%) of Every Lot 4(w) Satellite Dishes
By-law Name: Zoning By-law Amendment By-law # 7745-21 Page 3 of 6
Page 139 of 141 Agenda Item # 10.9
That Section 2 Definitions to By-law # 1784, as amended, is hereby further amended by:
(a) deleting the definition of Golf Course and replacing same with the following definition:
Golf Course means an area of land operated for the purpose of playing golf and may include outdoor recreational uses such as a golf driving range, clubhouse with uses such as assembly hall, banquet hall, eating establishment, fitness centre, premises for the sale of golf equipment and other buildings and structures devoted to the maintenance and operation of the golf course.
(b) adding to the list of definitions in alphabetical order, the following definitions:
Golf Driving Range means an open air facility where the sport of golf is practiced from individual tees and which may include accessory structures and facilities such as a kiosk for golf ball and golf club rentals, a putting green, a chipping practice area and a one storey structure from which the golfers tee off.
Vegetation Protection Zone means a vegetated buffer area surrounding a key natural heritage feature or key hydrologic feature within which only those land uses permitted within the feature itself are permitted.
By-law # 7745-21 shall not come into force and effect until Amendment # 99 to the Town of Whitby Official Plan has received final approval.
By-law read and passed this 26th day of April, 2021.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
By-law Name: Zoning By-law Amendment By-law # 7745-21 Page 4 of 6
Page 140 of 141 Agenda Item # 10.9
Page 141 of 141