Regular Council Meeting Agenda March 8, 2021 – 7:00 PM Virtual Meeting
Due to the ongoing COVID-19 pandemic, this Council meeting will be held in a virtual meeting format. 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 at www.whitby.ca/committee.
Should you wish to provide comments regarding a matter being considered below, please submit written correspondence and/or a Delegation Request Form.
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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/committee.
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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 - January 25, 2021 20 - 75 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
3. Presentations
3.1 Gerry Moote, Inspector, Durham Regional Police Service
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Re: 2021 Community Safety Plan
Note: This presentation has been withdrawn and will be delivered at an upcoming Regular Council meeting.
3.2 Matthew Gaskell, Chief Administrative Officer Re: Town of Whitby – COVID-19 Update
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
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
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
5. Correspondence
5.1 That the following requests be endorsed: • March 12 to 19, 2021 - Flags at Half-Mast - 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
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Demyelinating Polyneuropathy Awareness Month
Recommendation: 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 to honour those who have passed away in the previous year due to COVID-19 be endorsed.
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)
Recommendation: 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.
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)
Recommendation: 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
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Economic Development.
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)
Recommendation: 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 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.
6.4 Planning and Development Department, PL 08-21 Re: Envision Durham – Major Transit Station Areas Proposed Policy Directions
Recommendation: 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.
6.5 Planning and Development Department Report, PL 09-21 Re: Downtown Whitby Secondary Plan Update: Phase 1 - Background Review and Analysis
Recommendation: That Report PL 09-21 be received for information.
6.6 Planning and Development Department Report, PL 10-21 Re: Requests for Exemptions from Interim Control By-law # 7699-20
Recommendation: 1. That Council approve the requests for exemptions from Town of
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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.
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
Recommendation: That the Downtown Whitby Development Steering Committee's 2020 Annual Report be received for information.
7.2 Memorandum from C. Chrus, Manager, Creative Communities, dated February 22, 2021 regarding the Brooklin Downtown Development Steering Committee's 2020 Annual Report
Recommendation: That the Brooklin Downtown Development Steering Committee's 2020 Annual Report be received for information.
7.3 Financial Services Department Report, FS 05-21 Re: 2020 Tender Awards
Recommendation: That Report No. FS 05-21 of the Commissioner of Financial Services be received as information.
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
Recommendation: 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
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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.
7.5 Financial Services Department Report, FS 11-21 Re: Draft Development Charge Background Study
Recommendation: That report FS 11-21 from the Commissioner of Financial Services/Treasurer be received as information.
7.6 Public Works Department Report, PW 5-21 Re: Brooklin North Major Roads Environmental Assessment
Recommendation: 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.
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7.7 Public Works Department and Office of the Chief Administrative Officer Joint Report, PW 8-21 Re: AVIN Status Update
Recommendation: That Report PW 8-21 be received for information.
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
Recommendation: 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.
7.9 Office of the Town Clerk Report, CLK 02-21 Re: Amendment to Procedure By-law # 7462-18 - Petitions
Recommendation: 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.
7.10 Office of the Town Clerk Report, CLK 03-21 Re: Brock Street Distilling Company Ltd. – “By The Glass” Manufacturer’s Limited Liquor Sales Licence Application to the AGCO
Recommendation: 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.
7.11 Permanent Traffic Calming Devices Including Speed Humps in New and Existing Neighbourhoods
Recommendation:
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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 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.
7.12 Memorandum from K. Narraway, Manager, Legislative Services/Deputy Clerk dated February 19, 2021 regarding Temporary Patio Extensions - Public and Private Property
Recommendation: 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 the public property patio program and to make the private property patio program
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permanent provided all safety, planning, and other compliance matters can be satisfactorily addressed.
7.13 Office of the Town Clerk Report, CLK 04-21 Re: Customer Service Strategy - Interim Report
Recommendation: That Staff Report CLK 04-21, Customer Service Strategy – Interim Report, be received for information.
7.14 Community Services Department Report, CMS 04-21 Re: Whitby Sports Complex (WSC) – Project Update and Next Steps
Recommendation: 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.
7.15 Community Services Department and Office of the Chief Administrative Officer Joint Report, CMS 03-21 Re: Whitby Culture Plan [Revised]
Recommendation: 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.
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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 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.
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
Recommendation: 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.
7.17 Office of the Chief Administrative Officer Report, CAO 07-21 Re: Updates to the Special Events Policy
Recommendation: 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
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Special Events Policy By-law # 7506-19 to give effect to the proposed change contained in Report CAO 07-21.
7.18 Office of the Administrative Officer Report, CAO 08-21 Re: Diversity, Equity & Inclusion Training Plan 2021 [Revised]
Recommendation: That report CAO-08-21 be received for information.
7.19 Office of the Chief Administrative Officer Report, CAO 04-21 Re: Economic Recovery Plan – 2020 Summary
Recommendation: 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.
7.20 Office of the Chief Administrative Officer Report, CAO 05-21 Re: Elevate-Talent Initiative
Recommendation: 1. That Council receive Report # CAO 05-21 for information; and, 2. That Council endorse the BIPOC Connect Talent Initiative.
7.21 Financial Services Department Report, FS 07-21 Re: 2020 Investment Report
Recommendation: 1. That Report No. FS 07-21 of the Commissioner, Financial Services and Treasurer be received for information; and, 2. That the Town of Whitby’s Investment Policy, approved by Council on March 9, 2020, remain unchanged for 2021.
7.22 Public Works Department Report, PW 07-21 Re: Des Newman Boulevard Grade Separation Status Update
Recommendation: 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
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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.
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
Recommendation: 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
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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.
7.25 Durham Region Agriculture Centre of Excellence
Recommendation: 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,
Whereas environmental sustainability is a priority for our municipality and
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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 College; and, Ontario Tech.
7.26 Extension and Expansion of the Digital Main Street Program
Recommendation:
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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 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
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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 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
For information only - Committee of the Whole Minutes of February 22, 76 - 130 2021 and March 1, 2021 (Confidential Minutes Under Separate Cover)
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
Recommendation:
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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.
For information only - Audit Committee Minutes of January 28, 2021 131 - 133
9. Notice of Motion
10. New and Unfinished Business
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 134 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 135 - 136 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. 137 - 141
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 142 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 143 registered Plan of Subdivision (SW-2013-02) as not being subject of Part Lot Control.
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11.6 By-law # 7727-21, being a by-law to designate certain portions of a 144 - 145 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 146 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, 147 - 149 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, 150 - 153 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
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.
12. Closed Session In accordance with Procedural By-law #7462-18, Closed Meeting Policy G 040, and the Municipal Act, 2001, Section 239 (2)(b) personal matters about an identifiable individual, including municipal or local board employees, parts of this meeting may be closed to the public.
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
12.2 Confidential Memorandum from C. Harris, Town Clerk, dated March 2, 2021 regarding the Recommendation for Appointments to the Road Watch Committee
12.3 Confidential Memorandum from C. Harris, Town Clerk, dated March 2, 2021 regarding the Recommendation for Appointment to the Groveside Cemetery Board
13. Rising and Reporting
14. Confirmatory By-Law
Page 18 of 153 Regular Council Agenda March 8, 2021 – 7:00 PM
Page
14.1 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 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.
15. Adjournment
Page 19 of 153 Agenda Item # 2.1
Regular Council Minutes January 25, 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
1. Declarations of Pecuniary Interest
1.1 Councillor Newman declared a pecuniary interest under the Municipal Conflict of Interest Act regarding Item 9.1, Community Services Report, CMS 01-21, West Whitby Unnamed District Park specifically related to naming the West Whitby District Park as it is proposed to be named after a family member. Councillor Newman did not take part
Page 20 of 153 Agenda Item # 2.1
in the discussion or voting on any matters related to the naming of the park.
1.2 Using the WebEx chat feature, Councillor Shahid declared a pecuniary interest under the Municipal Conflict of Interest Act regarding Item 10.4, By-law # 7713-21, being a by-law to amend By-law # 1784, as amended, being the Zoning By- law of the Town of Whitby, as her husband is a Board Member of the Durham Islamic Centre. Councillor Shahid did not take part in the discussion or voting on this matter.
2. Adoption of Minutes
2.1 Regular Council - December 14, 2020 Special Council - January 18, 2021
Resolution # 04-21
Moved By Councillor Drumm Seconded By Councillor Newman
That the Regular Council minutes of December 14, 2020 and the Special Council minutes of January 18, 2021 be adopted.
Carried
3. Presentations
3.1 Eva Reti, Chair of the Board, Durham Region Hospice - Whitby Re: Durham Region Hospice - Whitby Residence Update Eva Reti, Chair of the Board, Durham Region Hospice - Whitby provided a PowerPoint presentation regarding: the status of the three hospices under development in Durham Region, being the Oak Ridges Hospice, the Clarington Hospice, and the Whitby Hospice; the status of the Whitby Hospice including planning for construction to begin in summer 2021 with a targeted opening of autumn 2022; $8,457,000 in financing required for construction, fixtures, furnishings, and an operating reserve for the Whitby Hospice; and,
Page 21 of 153 Agenda Item # 2.1
current fundraising for the Whitby Hospice, noting that an additional $453,031 is required before construction can proceed with an additional $1,700,000 to be raised during construction. A question and answer period ensued between Members of Council and Ms. Reti regarding: how the remaining funds required for construction will be raised and if there is concern about reaching the fundraising goal; the composition of the Whitby Hospice fundraising committee, noting that there is a lead person who functions as the primary fundraising coordinator; and, opportunities to advertise the fundraising project and recognize those who have donated.
3.2 Colin Thomson, Unit Leader and Duane Judd, Member, PARA Marine Search and Rescue Re: Annual Report Colin Thompson, Unit Leader and Duane Judd, Member, PARA Marine Search and Rescue provided a PowerPoint presentation regarding: PARA's history and strategic plan, including their mission, values, and focus; PARA's 2021-2025 business plan, including strengthening the organization, developing their crews, ensuring search and rescue readiness, and planning for the future; organizational changes in 2020, including an expanded Board of Directors to include representatives from the Town of Ajax and the Town of Whitby; the 50 volunteers that serve with PARA, how volunteers are trained, and details about their partnerships with the Durham Regional Police Service, Toronto Police Service, the Town of Whitby, the Town of Ajax, the City of Pickering, the Royal Canadian Air Force, and the Canadian Coast Guard; statistics on the number of rescues conducted in past seasons, noting that there were 38 rescues in 2020 which is the highest number since the late 1980s; details about how the COVID-19 pandemic led to an increase in boating activity on Lake Ontario; the locations where PARA was deployed for rescues
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during the 2020 season; and, planning for a replacement rescue vessel in the next 5 to 10 years and the estimated replacement cost of between $1,500,000 and $2,000,000.
4. Delegations
4.1 Mariam Boni Re: Community Services Department Report, CMS 01-21 West Whitby Unnamed District Park
Refer to Item 9.1, CMS 01-21 Mariam Boni, 19 Kilmarnock Crescent, stated that she had concerns about the design of the proposed play equipment, noting that it would not be challenging or entertaining for children. She expressed a preference for playground equipment such as zip lines, rope webs, and higher climbing structures. She advised that she supported a honeybee theme for the design of the park, however would not support the design if it affected the quality of play equipment. She recommended that the proposed pickleball court be located in a different park, potentially through the renovation of existing tennis courts in other parts of the Town. Alternatively, she suggested that the proposed pickleball court be converted into a multi-purpose court to support both pickleball and basketball. A brief question and answer period ensued between Members of Council and Ms. Boni regarding the play equipment and the age ranges it should be designed for, and the half court with a wall proposed to be added to the pickleball court, including the possibility of adding basketball nets in this area.
4.2 Astrid Poei Re: Community Services Department Report, CMS 01-21 West Whitby Unnamed District Park
Refer to Item 9.1, CMS 01-21 Astrid Poei, 68 Westfield Drive, stated that the neighbourhood she lives in is very social and neighbours connect through social media, celebrations, and supporting community organizations. She indicated that the neighbourhood initially connected over a swarm of
Page 23 of 153 Agenda Item # 2.1
honeybees that landed on a stop sign in the area, advising that the honeybees were transferred to a beekeeper where they produce honey on an annual basis. She noted that neighbours have a yearly honey festival to mark the event and that she would like to hold this event in the new park once it's constructed. Ms. Poei advised that she would like the park to be named WhitBEE Park to recognize the honeybee swarm and her preference was for the park to have a honeybee theme. A brief question and answer period ensued between Members of Council and Ms. Poei regarding the half court with a wall proposed to be added to the pickleball court, including the possibility of adding basketball nets in this area.
4.3 Alexander Wray Re: Community Services Department Report, CMS 01-21 West Whitby Unnamed District Park
Refer to Item 9.1, CMS 01-21 Alexander Wray, 31 Coho Drive, stated that he would encourage Members of Council to consider all options presented in the memorandum from the Commissioner of Community Services dated January 22, 2021, including the possibility of a multi-use court. He indicated that Staff had done an excellent job of finding a middle ground with proposed bee themed equipment and the potential multi- use court. He advised that the park would serve as a community hub and a gateway to the Town. He requested that the park design and amenities be considerate of the community's immediate and long-term needs, noting that pickleball courts could be added to future district parks. A brief question and answer period ensued between Members of Council and Mr. Wray regarding the half court with a wall proposed to be added to the pickleball court, including the possibility of adding basketball nets in this area.
Moved By Councillor Roy Seconded By Councillor Yamada
That the rules of procedure be suspended to hear
Page 24 of 153 Agenda Item # 2.1
delegations from Alex Stojkov and Chet Couture regarding Item 9.1, Community Services Department Report CMS 01- 21.
Carried on a Two Thirds Vote
4.4 Alex Stojkov Re: Community Services Department Report, CMS 01-21 West Whitby Unnamed District Park
Refer to Item 9.1, CMS 01-21 Alex Stojkov, 24 Beadle Drive, stated that he works as a pickleball pro at the Abilities Centre and is part of Pickleball Canada. He provided an overview of pickleball, noting that it combines elements of table tennis, badminton, and tennis. He stated that the sport is growing as it's inclusive for all abilities and there is a low cost of entry. He noted that there are 350,000 pickleball players in Canada, with 164,000 in Ontario. Mr. Stojkov clarified that pickleball was enjoyed by people of all ages with 104,000 Ontario players being between the ages of 18 and 54. He advised that there are limited pickleball courts in Whitby and dedicated courts are preferred in order to prevent conflicts between pickleball players and tennis players. A brief question and answer period ensued between Members of Council and Mr. Stojkov regarding the challenges associated with playing pickleball on multi- purpose courts and the conflict between pickleball players and tennis players.
4.5 Chet Couture Re: Community Services Department Report, CMS 01-21 West Whitby Unnamed District Park
Refer to Item 9.1, CMS 01-21 Chet Couture, 39 Guthrie Crescent, stated that he was aware of a physical education teacher who believed that pickleball would be taught in all schools within the next few years. Mr. Couture noted that he knew of a 14 year old resident who found pickleball fun, inclusive, and a great way to stay active. Mr. Couture advised that Pickleball Ontario's inclusion statement referenced providing fair and equitable opportunities for all, along with welcoming and supporting
Page 25 of 153 Agenda Item # 2.1
those wishing to play the sport. He noted the low equipment costs associated with the sport. He further advised that the existing pickleball courts at Cullen Central Park are often full, leading players to go to other communities to play. A brief question and answer period ensued between Members of Council and Mr. Couture regarding the approximate number of pickleball players who use the Cullen Central Park courts.
5. Correspondence
5.1 That the following requests be endorsed: January 2021 - Tamil Heritage Month January 28, 2021 - Bell Let's Talk Day January 28, 2021 - Flag Raising - Bell Let's Talk Day January 29, 2021 - Durham Region Hospice Awareness Day February 11, 2021 - National 211 Day February 18 - 22, 2021 - Flag Raising - Scouts Canada February 21 - 27, 2021 - Scout-Guide Week February 22 - 26, 2021 - Flag Raising - Girl Guides of Canada May 19, 2021 - Personal Support Worker Day
Resolution # 05-21
Moved By Councillor Shahid Seconded By Councillor Lee
That the proclamations for Tamil Heritage Month, Bell Let's Talk Day, Durham Region Hospice Awareness Day, National 211 Day, Scout-Guide Week, and Personal Support Worker Day and the flag raisings for Bell Let's Talk Day, Scouts Canada, and Girl Guides of Canada be endorsed.
Carried
5.2 Correspondence # 2021-22, from J. Kendall, President, Board of Directors, Otter Creek Co-Operative Homes Inc., dated January 8, 2021 Re: Lands - Plan M1067 - McQuay Blvd.
Page 26 of 153 Agenda Item # 2.1
A brief discussion ensued between Members of Council regarding the urgent need to secure land for the proposed project, understanding how the project may be impacted by the Town's Interim Control By-laws, how financing for the project would be secured, and the importance of consulting with the surrounding community.
Moved By Councillor Newman Seconded By Councillor Leahy
That Correspondence # 2021-22 dated January 8, 2021 and received from Jill Kendall, President, Board of Directors, Otter Creek Co-Operative Homes Inc., Re: Lands – Plan M1067 – McQuay Blvd., be received for information.
Carried later in the meeting [See following motion]
Moved By Councillor Newman Seconded By Councillor Leahy
The main motion be amended to add the following as Item 2:
2. That Staff be directed to report to Council in Q1 2021 on the public consultation process and opportunity to declare land between 835 McQuay Boulevard and 855 McQuay Boulevard as surplus and offer this land to Otter Creek Co- operative Homes Inc. to build low-rise affordable housing.
Carried
Resolution # 06-21
Moved By Councillor Newman Seconded By Councillor Leahy
The main motion, as amended, was then carried as follows:
1. That Correspondence #2021-22 dated January 8, 2021 and received from Jill Kendall, President, Board of Directors, Otter Creek Co-Operative Homes Inc., Re: Lands – Plan M1067 – McQuay Blvd., be received for information; and,
Page 27 of 153 Agenda Item # 2.1
2. That Staff be directed to report to Council in Q1 2021 on the public consultation process and opportunity to declare land between 835 McQuay Boulevard and 855 McQuay Boulevard as surplus and offer this land to Otter Creek Co-operative Homes Inc. to build low- rise affordable housing.
Carried
6. Committee of the Whole Report Planning and Development - January 11, 2021
6.1 Elaine Baxter-Trahair, Chief Administrative Officer, Stella Danos-Papaconstantinou, Commissioner, Social Services, Alan Robins, Director, Housing Services, Jenni Demanuele, Director, Business Services, Gary Muller, Director of Planning, John Henry, Regional Chair, Region of Durham, and Warren Price, Urban Strategies Re: Redevelopment Opportunity - 590 and 650 Rossland Road
Resolution # 07-21
Moved By Councillor Yamada Seconded By Councillor Mulcahy
Whereas Council supports the need for affordable housing that is compatible and integrated with existing neighbourhoods; and,
Whereas Council supports the efforts of Staff to identify the need for all types of housing in Whitby;
Now Therefore be it Resolved:
That Staff report back on the site redevelopment opportunity for 590 and 650 Rossland Road East throughout the redevelopment process while ensuring ongoing consultation with the community.
Carried
6.2 Correspondence # 2020-919 received by C. Harris, Town Clerk, from S. Mitchell, Senior Development Manager, Land
Page 28 of 153 Agenda Item # 2.1
and Housing Development, Brookfield Properties, dated November 26, 2020 regarding Whitby Fire Hall Redevelopment - Station No. 3, Cash-in-Lieu of Parkland, Brookfield Residential (Ontario) Station No. 3 Limited
Resolution # 08-21
Moved By Councillor Yamada Seconded By Councillor Mulcahy
Whereas the Town’s Official Plan and the Planning Act provides for the payment of cash-in-lieu of parkland as an alternative when a developer cannot provide actual land for parks within a residential development;
Whereas, when cash-in-lieu of parkland is required before residential development can proceed, the amount to be paid to the Town is equal to the value of 1 hectare of land for each 500 dwelling units to be constructed;
Whereas the Town has adopted policies to support residential growth and economic development within Downtown Whitby, including policies contained in the Downtown Whitby CIP; and,
Whereas the current cash-in-lieu of parkland rate results in a payment that can exceed the value of the land being developed in the Historic Downtown Whitby Priority Area of the Downtown Whitby CIP, thereby discouraging the type of residential development that the Town is seeking to attract to this neighbourhood.
Now therefore be it resolved:
1. That Correspondence # 2020-919 received by C. Harris, Town Clerk, from S. Mitchell, Senior Development Manager, Land and Housing Development, Brookfield Properties, dated November 26, 2020 regarding Whitby Fire Hall Redevelopment - Station No. 3, Cash-in-Lieu of Parkland, Brookfield Residential (Ontario) Station No. 3 Limited, be received for information; and, 2. That staff be directed to report to Council as soon as possible regarding establishing a reduced alternative
Page 29 of 153 Agenda Item # 2.1
cash-in-lieu of parkland rate for the Historic Downtown Whitby Priority Area within the Downtown Whitby CIP.
Carried
6.3 Planning and Development Department Report, PL 02-21 Re: Envision Durham – Employment Area Conversion Requests
Resolution # 09-21
Moved By Councillor Yamada Seconded By Councillor Mulcahy
1. That Planning Report PL 02-21 be endorsed as the Town’s comments on the Employment Area Conversion Requests submitted to the Region of Durham, as part of the Envision Durham Municipal Comprehensive Review; and, 2. That the Clerk forward a copy of Planning Report PL 02-21 to the Durham Region Planning and Economic Development Department and the Durham area municipalities.
Carried
7. Committee of the Whole Report General Government - January 11 and 18, 2021
7.1 Correspondence # 2020-920 received by C. Harris, Town Clerk, from D. Moller dated December 2, 2020 regarding a request for an exemption from Fence By-law # 4394-99 at 48 Flint Crescent related to the rear and side fences
Resolution # 10-21
Moved By Councillor Roy Seconded By Councillor Drumm
1. That correspondence # 2020-920 from D. Moller dated December 2, 2020 regarding a request to
Page 30 of 153 Agenda Item # 2.1
amend Fence By-law # 4394-99 at 48 Flint Crescent related to the rear and side yard fences be received for information; and, 2. That Staff be directed to circulate notice of the exemption request to the neighbouring properties that are directly affected by the applicant’s exemption request providing 20 days to indicate support or objection to the request and that Staff be directed to report to Council recommending approval of the exemption should there be no objections registered.
Carried
7.2 Correspondence # 2020-964 received by C. Harris, Town Clerk, from S. Larochelle dated December 15, 2020 regarding a petition opposed to the Town of Whitby issuing parking tickets for vehicles parked sideways on the paved portion of the boulevard
Resolution # 11-21
Moved By Councillor Roy Seconded By Councillor Drumm
1. That Correspondence # 2020-964 received by C. Harris, Town Clerk, from S. Larochelle dated December 15, 2020 regarding a petition opposed to the Town of Whitby issuing parking tickets for vehicles parked sideways on the paved portion of the boulevard, be received for information; and, 2. That Staff provide a Report to Council regarding the petition with information on parking enforcement measures and associated Traffic By-law issues during the pandemic by the April 12, 2021 Committee of the Whole meeting.
Carried
7.3 Fire and Emergency Services Department Report, FR 01-21 Re: Master Fire Plan – Implementation Update
Resolution # 12-21
Page 31 of 153 Agenda Item # 2.1
Moved By Councillor Roy Seconded By Councillor Drumm
That report FR 01-21 be received as information.
Carried
7.4 Financial Services Department Report, FS 02-21 Re: Temporary Borrowing By-law
Resolution # 13-21
Moved By Councillor Roy Seconded By Councillor Drumm
That a by-law be brought forward to authorize the external temporary borrowing of an amount up to $50,798,000 from January 1, 2021 to September 30, 2021 and up to $25,399,000 between October 1, 2021 and December 31, 2021.
Carried
7.5 Office of the Chief Administrative Officer Report, CAO 01-21 Re: Corporate Information Technology Strategic Plan - Update
Resolution # 14-21
Moved By Councillor Roy Seconded By Councillor Drumm
That the Corporate Information Technology Strategic Plan progress update report be received for information.
Carried
7.6 Correspondence # 2020-970 received by C. Harris, Town Clerk, from Karey Anne Large, Executive Director, Downtown Whitby Business Improvement Area dated
Page 32 of 153 Agenda Item # 2.1
December 16, 2020 regarding the Downtown Whitby Business Improvement Area Board of Management Director Appointments.
Resolution # 15-21
Moved By Councillor Roy Seconded By Councillor Drumm
That Jayne Flieler, Peter Nelis, and Sandra Welch be appointed as Directors to the Downtown Whitby Business Improvement Area Board of Management for a term ending November 30, 2022.
Carried
7.7 Office of the Town Clerk Report, CLK 01-21 Re: Ward Population Review
Resolution # 16-21
Moved By Councillor Roy Seconded By Councillor Drumm
That Staff Report CLK 01-21 be received for information.
Carried
7.8 Community Services Report, CMS 02-21 Re: Community Services Department – 2021 Marina Harbour Division Fees
Resolution # 17-21
Moved By Councillor Roy Seconded By Councillor Drumm
1. That Council approve the proposed fees as outlined in Attachment 1 to be effective February 15, 2021 to February 14, 2022; and, 2. That the Clerk be authorized to amend the
Page 33 of 153 Agenda Item # 2.1
Consolidated Fees and Charges By-law 7220-17 to include the new Marina Harbour Division Fees Schedule.
Carried
7.9 Financial Services Department Report, FS 01-21 Re: 2020 Year End Projection, including an Overview of the Financial Implications of COVID-19, as at September 30
Resolution # 18-21
Moved By Councillor Roy Seconded By Councillor Drumm
1. That report No. FS 01-21 regarding 2020 Year End Projection, including an Overview of the Financial Implications of COVID-19, as at September 30 be received; 2. That per the Safe Restart Agreement: a. The $2.75M municipal financial assistance funding received by the Town in phase 1 funding, be solely used to offset the financial impacts of the COVID-19 pandemic; and, b. Any surplus phase 1 funds not utilized in 2020 be transferred to a COVID-19 pandemic reserve fund to offset financial impacts of the COVID-19 pandemic in 2021. 3. That any surplus in 2020 revenue received from Elexicon in excess of the $4.3M base budget, be transferred to the Tax Rate Stabilization Reserve to be used to smooth out the forecasted budget impact of lower Elexicon revenue in 2022 and 2023; 4. That, notwithstanding the Disposition of Operating Surplus Policy, the remaining 2020 year end surplus be fully transferred to the Asset Management Reserve Fund; 5. That due to the COVID-19 pandemic, scheduled licensing agreement payments from the Whitby Football Club related to the repayment of the Town’s up-fronted costs for the soccer facilities be deferred until normal operations are able to resume; and, 6. That staff be authorized to negotiate a revised payment schedule with the Whitby Football Club to
Page 34 of 153 Agenda Item # 2.1
be reflected in a future agreement amendment to be authorized by Council.
Carried
7.10 Financial Services Department Report, FS 03-21 Re: 2020 Uncommitted Reserve and Reserve Fund Projection
Resolution # 19-21
Moved By Councillor Roy Seconded By Councillor Drumm
That the Reserve and Reserve Fund uncommitted balance projection in Attachment 1 of this report be received for information.
Carried
7.11 Office of the Chief Administrative Officer and Financial Services Department Joint Report, CAO 02-21 Re: Community Development Funds – 2020 Annual Report
Resolution # 20-21
Moved By Councillor Roy Seconded By Councillor Drumm
That Report CAO 02-21 regarding the 2020 Annual Report for the Mayor’s Community Development Fund and the Performing Arts Community Development Fund be received.
Carried
7.12 Public Works Department Report, PW 06-21 Re: Brooklin Infrastructure Resource Strategy Jan 2021
Resolution # 21-21
Page 35 of 153 Agenda Item # 2.1
Moved By Councillor Roy Seconded By Councillor Drumm
1. That staff report PW 6-21 be received for information; 2. That Public Works staff work with the Financial Services Department to initiate a 2021 review and update of Development Approval Application Process (DAAP) fees related to Engineering services for Council consideration and approval; and, 3. That staff continue to refine the Public Works Brooklin Infrastructure Resource Strategy and update Council prior to future budget cycles with recommended refinements and requirements.
Carried
7.13 Confidential Memorandum from C. Harris, Town Clerk, dated January 6, 2021 regarding Recommendation for Appointment to the Accessibility Advisory Committee
Resolution # 22-21
Moved By Councillor Roy Seconded By Councillor Drumm
That Naji Hassan's term on the Accessibility Advisory Committee be extended to November 14, 2022 or until a successor is appointed.
Carried
7.14 Permanent Outdoor Ice Rinks
Resolution # 23-21
Moved By Councillor Roy Seconded By Councillor Drumm
Whereas two ice rink locations were identified by staff for the winter of 2021; and,
Page 36 of 153 Agenda Item # 2.1
Whereas Council and Staff have purchased materials and were in the process of building two temporary ice rinks this year, until the provincial Stay at Home Order changed the rules for Ontario residents; and,
Whereas the demand for more outdoor activities, recreation and the desire of residents to have multiple outdoor ice rinks exists in our community; and,
Whereas local businesses have been quick to express desire to sponsor permanent outdoor rinks; and,
Whereas local charitable organizations have had little opportunity in 2020 to fundraise at events and are now searching for opportunities.
Now therefore be it resolved:
1. That the Council of the Town of Whitby requests that Staff investigate the annual installation of two natural ice surfaces for the 2021/2022 winter season; 2. That Staff investigate opportunities to utilize volunteers and community groups such as Rotary for assistance in the ongoing maintenance and management of the natural ice surfaces; 3. That Staff investigate sponsorship opportunities to help offset any costs for the community outdoor rinks; 4. That Staff investigate opportunities for a permanent artificial ice surface and/or skating trail to be installed within five years; and, 5. That Staff report back on Items 1 through 5, including providing a proposed operating model and financial impacts, both capital and operating, by end of Q2 2021.
Carried
8. Notice of Motion
8.1 There were no notices of motion.
9. New and Unfinished Business
Page 37 of 153 Agenda Item # 2.1
9.1 Community Services Department Report, CMS 01-21 Re: West Whitby Unnamed District Park Having previously declared a pecuniary interest, Councillor Newman did not take part in the discussion or voting on any matters related to the naming of the park and was moved into the WebEx lobby during the portion of the meeting related to the naming of the park. A detailed question and answer period ensued between Members of Council and Staff regarding: timing for construction of other parks near the proposed West Whitby Unnamed District Park; distance of other proposed parks from the proposed West Whitby Unnamed District Park; the number of parking spaces at the park and a nearby proposed school; conducting a usage study to determine who is using the pickleball courts after they are constructed; whether the proposed half court with a wall would accommodate basketball; activities that could take place on the multi-purpose court currently planned for the park; operational challenges associated with providing a multi- purpose court that would accommodate both pickleball and tennis including switching nets and the alignment of the court which would result in tennis players looking into the sun; safety considerations related to a wood fibre base versus a rubberized base for the playground area; confirmation that the TFP Lynde Creek Park will have a rubberized base for the playground area; balancing feedback from West Whitby residents, other residents, and future residents as all ratepayers will share in the ongoing operating costs associated with the park; modifying the specifications for playground equipment to ensure it is suitable for a variety of age groups; locating a supplier to incorporate a honeybee theme into the park design; challenges associated with designing a park during a meeting of Council and clarifying that residents do not have full control over the design process; how the honeybee theme could be weighted in the development of the Request for Proposal; Staff working with the surrounding community to develop appropriate wording for commemorative honeybee signage for the park;
Page 38 of 153 Agenda Item # 2.1
confirmation from Staff that having two multi-purpose courts in a park is unusual; costs associated with converting the proposed pickleball court into a multi-purpose court; the possibility of moving forward with construction of the park while deferring a decision on the proposed pickleball court to a future meeting; how construction timelines would be impacted by deferring a decision on the proposed pickleball court; opportunities to construct pickleball courts at the TFP Lynde Creek Park; removing the proposed pickleball court to realize a savings of $200,000 which would bring the overall budget for the project closer to the originally budgeted amount of $2,200,000; introducing a pollinator garden in the space where the pickleball court is proposed to further build on the honeybee theme; balancing the desires of nearby residents with the needs of all residents while ensuring that parks are designed with sufficient amenities; clarification that basketball nets could be installed in the proposed half court area adjacent to the pickleball court; ensuring that the park field is well-lit to accommodate evening play of entry level cricket; details about the Municipal Property and Facility Naming Policy and confirmation that Staff can name the park after the street adjacent to the park, a nearby geographic feature, or a historical feature without Council approval; setting priorities for Staff and whether reviewing the Municipal Property and Facility Naming Policy is a productive use of resources; the significant accomplishments of former Mayor Des Newman and the merits of naming the park after him; additional funding in the amount of $40,000 being required to construct the proposed half court area with an additional $5,000 required for basketball nets; and, the portion of park construction financed through Development Charges and whether there is a cap on the amount of Development Charges that can be allocated to park construction.
Moved By Councillor Newman Seconded By Councillor Leahy
Page 39 of 153 Agenda Item # 2.1
1. That Council approve the proposed design elements for the West Whitby Unnamed District Park outlined in Community Services Department Report CMS 01-21 and illustrated in Attachment 1, including a more modern design for park playground equipment; 2. That Council approve a pre-budget commitment request of $2,847,000 within the 2021 Capital Budget for the development of the proposed West Whitby Unnamed District Park project; 3. That Mattamy Homes and Town Staff be authorized to proceed with the detailed construction drawings, tender documents and contractor selection, subject to pre-budget approval, and tender bid approval; and, 4. That residents participating in the virtual community engagement process be advised of the park project start up construction timing once determined.
Carried later in the meeting [See following motions]
Moved By Councillor Newman Seconded By Councillor Yamada
That the main motion be amended to add the following item: That Staff will use best efforts to achieve a bee-themed play structure which is functional for all ages and has a modern aesthetic if available and within the proposed budget for the Park.
Carried
Moved By Councillor Newman Seconded By Councillor Yamada
That the main motion be amended to add the following item: That the honey-bee theme be incorporated in signage etc. throughout the Park to commemorate the time that the honey bees landed in the area and brought the community together.
Carried
Moved By Councillor Newman Seconded By Councillor Leahy
That the main motion be amended to add the following item: That the proposed Pickleball courts in the West Whitby Unnamed
Page 40 of 153 Agenda Item # 2.1
Park “the Park” be converted to a multi-purpose court (e.g. pickleball/tennis, etc.) for players of all ages and abilities.
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 Councillor Shahid x Councillor Yamada x Mayor Mitchell x 3 6 0
Moved By Councillor Lee Seconded By Councillor Shahid
That Item 1 of the main motion be amended to add the following after 'playground equipment': 'but not including the pickleball courts which instead shall be replaced with grass and/or a pollinator garden with the budget being reduced accordingly (less approximately $200,000).
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 Councillor Shahid x Councillor Yamada x Mayor Mitchell x 2 7 0
Page 41 of 153 Agenda Item # 2.1
Moved By Councillor Shahid Seconded By Councillor Roy
That the main motion be amended to add the following item: That Staff ensure that the multi-purpose field is lit and is capable of accommodating entry level cricket, and consult with the local cricket community about their use of the field.
Carried
Moved By Councillor Mulcahy Seconded By Councillor Roy
That the main motion be amended to add the following item: That Staff report back on the naming of the proposed West Whitby Unnamed District Park in accordance with the Municipal Property and Facility Naming Policy MS 250 to allow Council to consider other naming opportunities, as the Policy provides that parks may also be named for other aspects of the area’s geography, and/or for corporations, service clubs or individuals who have made a major contribution to the park’s development either physically or financially.
Carried on a recorded vote as follows:
For Against Abstained Councillor Drumm x Councillor Leahy x Councillor Lee x Councillor Mulcahy x Councillor Roy x Councillor Shahid x Councillor Yamada x Mayor Mitchell x 6 2 0
Moved By Councillor Leahy Seconded By Councillor Yamada
That the main motion be amended to add the following item: That Council approve a multi-purpose wall and asphalt area along
Page 42 of 153 Agenda Item # 2.1
the west fence line of the pickleball courts at a cost of $40,000 and direct Staff to work with area residents to develop commemorative and interpretative honeybee and pollinator signage to be installed in the park in accordance with the recommendations contained in the memorandum from the Commissioner of Community Services dated January 22, 2021;
Carried later in the meeting [See following motion]
Moved By Councillor Newman Seconded By Councillor Yamada
That the motion noted above be further amended to add the following: after 'multi-purpose wall', 'two basketball courts'; and after 'cost of', '$45,000'.
Carried 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 6 3 0
Moved By Councillor Leahy Seconded By Councillor Yamada
The motion noted above, as amended, was then carried as follows: That Council approve a multi-purpose wall, two basketball nets, and asphalt area along the west fence line of the pickleball courts at a cost of $45,000 and direct Staff to work with area residents to develop commemorative and interpretative honeybee and pollinator signage to be installed in the park in accordance with the recommendations contained in the memorandum from the Commissioner of Community Services dated January 22, 2021;
Page 43 of 153 Agenda Item # 2.1
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 Councillor Yamada x Mayor Mitchell x 9 0 0
Moved By Councillor Leahy Seconded By Councillor Mulcahy
That the main motion, as amended, be divided to consider Item 9 as separate from Items 1 to 8.
Carried
Resolution # 24-21
Moved By Councillor Mulcahy Seconded By Councillor Roy
9. That Staff report back on the naming of the proposed West Whitby Unnamed District Park in accordance with the Municipal Property and Facility Naming Policy MS 250 to allow Council to consider other naming opportunities, as the Policy provides that parks may also be named for other aspects of the area’s geography, and/or for corporations, service clubs or individuals who have made a major contribution to the park’s development either physically or financially.
Carried
Resolution # 25-21
Page 44 of 153 Agenda Item # 2.1
Moved By Councillor Newman Seconded By Councillor Leahy
1. That Council approve the proposed design elements for the West Whitby Unnamed District Park outlined in Community Services Department Report CMS 01-21 and illustrated in Attachment 1, including a more modern design for park playground equipment; 2. That Staff ensure that the multi-purpose field is lit and is capable of accommodating entry level cricket, and consult with the local cricket community about their use of the field; 3. That Council approve a multi-purpose wall, two basketball nets, and asphalt area along the west fence line of the pickleball courts at a cost of $45,000 and direct Staff to work with area residents to develop commemorative and interpretative honeybee and pollinator signage to be installed in the park in accordance with the recommendations contained in the memorandum from the Commissioner of Community Services dated January 22, 2021; 4. That Council approve a pre-budget commitment request of $2,892,000 within the 2021 Capital Budget for the development of the proposed West Whitby Unnamed District Park project; 5. That Mattamy Homes and Town Staff be authorized to proceed with the detailed construction drawings, tender documents and contractor selection, subject to pre-budget approval, and tender bid approval; 6. That residents participating in the virtual community engagement process be advised of the park project start up construction timing once determined; 7. That Staff will use best efforts to achieve a bee-themed play structure which is functional for all ages and has a modern aesthetic if available and within the proposed budget for the Park; 8. That the honey-bee theme be incorporated in signage etc. throughout the Park to commemorate the time that the honey bees landed in the area and brought the community together.
Carried
9.2 Interim Control By-laws Councillor Roy indicated that she had been contacted by a number of residents who were impacted by the Town's Interim Control By-laws. She noted that there was a
Page 45 of 153 Agenda Item # 2.1
memorandum from Staff being developed about the impacts to residents in the process of home renovations and additions. She requested that a Special Council Meeting be called in the near future to expeditiously consider exemptions to the Interim Control By-laws for individual projects. A brief discussion ensued between Members of Council regarding the importance of protecting neighbourhoods from intensification while balancing the requirements of individual residents.
10. By-Laws That the following by-laws be passed:
10.1 By-law # 7710-21, being a by-law to designate certain portions of a registered Plan of Subdivision (SW-2015-03) as not being subject of Part Lot Control.
10.2 By-law # 7711-21, 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.
10.3 By-law # 7712-21, being a by-law to authorize the temporary borrowing of a sum or sums to meet current expenditures of The Corporation of the Town of Whitby for the calendar year 2021.
Refer to FS 02-21, Temporary Borrowing By-law
10.5 By-law # 7714-21, being a by-law to adopt Amendment Number 119 to the Official Plan of the Town of Whitby
Refer to PL 42-20, DEV-04-20: Official Plan Amendment Application OPA-2020-W/01, Zoning By-law Amendment Application Z-03-20, Star Residence Limited, 812, 816, 900, 904 & 908 Rossland Road East
10.6 By-law # 7715-21, being a by-law to amend By-law # 1784, as amended, being the Zoning By-law for the Town of Whitby
Refer to PL 42-20, DEV-04-20: Official Plan Amendment Application OPA-2020-W/01, Zoning By-law Amendment Application Z-03-20, Star Residence Limited, 812, 816, 900,
Page 46 of 153 Agenda Item # 2.1
904 & 908 Rossland Road East
10.7 By-law # 7716-21, being a by-law to amend the Fees and Charges By-law # 7220-17, as amended.
Refer to CMS 02-21, Community Services Department – 2021 Marina Harbour Division Fees
Resolution # 26-21
Moved By Councillor Lee Seconded By Councillor Shahid
That leave be granted to introduce By-laws # 7710-21 to # 7712-21 and By-laws # 7714-21 to # 7716-21 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
10.4 By-law # 7713-21, being a by-law to amend By-law # 1784, as amended, being the Zoning By-law of the Town of Whitby.
Refer to PL 40-20, Temporary Use Zoning By-law Amendment Application, 4618 Country Lane, Durham Islamic Centre, File DEV-25-19 (Z-16-19) - REVISED Having previously declared a pecuniary interest, Councillor Shahid did not take part in the discussion or vote on this matter.
Resolution # 27-21
Moved By Councillor Lee Seconded By Councillor Roy
That leave be granted to introduce By-law # 7713-21 and to dispense with the reading of the by-law by the Clerk and that the same be considered read and passed and that the
Page 47 of 153 Agenda Item # 2.1
Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.
Carried
11. Confirmatory By-Law
11.1 Confirmatory By-law
Resolution # 28-21
Moved By Councillor Leahy Seconded By Councillor Drumm
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 January 25, 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
12. Adjournment
12.1 Motion to Adjourn
Resolution # 29-21
Moved By Councillor Mulcahy Seconded By Councillor Newman
That the meeting adjourn.
Carried
The meeting adjourned at 10:09 p.m.
Page 48 of 153 Agenda Item # 2.1
Christopher Harris, Town Clerk Don Mitchell, Mayor
Page 49 of 153 Agenda Item # 2.1
Special Council Minutes February 1, 2021 - 6:00 PM Council Chambers/Virtual Meeting Whitby Town Hall
Present: Mayor Mitchell Councillor Drumm (Participating Virtually) Councillor Leahy (Participating Virtually) Councillor Lee (Participating Virtually) Councillor Mulcahy (Participating Virtually) Councillor Newman (Participating Virtually) Councillor Roy (Participating Virtually) Councillor Shahid (Participating Virtually) Councillor Yamada (Participating Virtually) Also Present: M. Gaskell, Chief Administrative Officer W. Mar, Commissioner of Legal and Enforcement Services/Town Solicitor R. Saunders, Commissioner of Planning and Development J. Taylor, Senior Manager, Zoning & Regulation 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.
Moved By Councillor Newman Seconded By Councillor Lee
That Council move in-camera in accordance with Procedure By-law # 7462-18, Closed Meeting Policy G 040, and the Municipal Act, 2001, Section 239 (2) (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and (f) advice that is subject to solicitor-client privilege, including
Page 50 of 153 Agenda Item # 2.1
communications necessary for that purpose.
Carried
2. Closed Session
2.1 Update – Toronto-Guild Investments Limited v. Town of Whitby – Local Planning Appeal Tribunal (LPAT) Appeal
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.]
2.2 Advice Subject to Solicitor Client Privilege – Interim Control By-laws
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.]
3. Rising and Reporting
3.1 Motion to Rise
Moved By Councillor Leahy Seconded By Councillor Shahid
That Council rise from the closed portion of the meeting.
Carried
3.2 Reporting Out During the closed portion of the meeting, Council discussed matters related to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality and received advice that is subject to solicitor- client privilege.
4. Items for Consideration
4.1 Memorandum from John Taylor, Senior Manager, Zoning and Regulation, dated January 29, 2021 regarding an Update on Requests for Exemptions to Town of Whitby
Page 51 of 153 Agenda Item # 2.1
Interim Control By-laws # 7699-20 and # 7700-20 A discussion ensued between Members of Council regarding the appropriateness of the recommended cost recovery fee of $500 for processing an application seeking an exemption to the Interim Control By-laws (ICBL). A question and answer period ensued between Members of Council and Staff regarding: the estimated cost of processing ICBL exemption applications that will be incurred by the Town and imposed on taxpayers; whether it is feasible for the Town to waive the cost recovery fee of $500; the estimated time it will take staff to process ICBL exemption requests; the number of exemption requests that are anticipated to be received while the ICBLs remain in place; and, clarification on whether the cost recovery fee is a fee-for-service.
Moved By Councillor Roy Seconded By Councillor Mulcahy
That the Interim Control By-laws be amended such that they shall not apply to those properties presented in the memorandum dated January 29, 2021 from John Taylor, Senior Manager, Zoning and Regulation.
Carried later in the meeting [See following motion]
Moved By Councillor Roy Seconded By Councillor Mulcahy
That the main motion be amended by including Item 2 as follows:
2. That the fee be waived to submit an application to request that the Interim Control By-laws shall not apply to a property.
Carried
Page 52 of 153 Agenda Item # 2.1
The main motion, as amended, was then carried as follows:
Resolution # 31-21
Moved By Councillor Roy Seconded By Councillor Mulcahy
1. That the Interim Control By-laws be amended such that they shall not apply to those properties presented in the memorandum dated January 29, 2021 from John Taylor, Senior Manager, Zoning and Regulation. 2. That the fee be waived to submit an application to request that the Interim Control By-laws shall not apply to a property.
Carried
5. Confirmatory By-law
5.1 Confirmatory By-law
Resolution # 32-21
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 February 1, 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
6. Adjournment
6.1 Motion to Adjourn
Moved By Councillor Mulcahy Seconded By Councillor Newman
Page 53 of 153 Agenda Item # 2.1
That the meeting adjourn.
Carried
The meeting adjourned at 6:59 p.m.
Christopher Harris, Town Clerk Don Mitchell, Mayor
Page 54 of 153 Agenda Item # 2.1
Special Council Minutes February 8, 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 Roy (Participating Virtually) Councillor Shahid (Participating Virtually) Councillor Yamada (Participating Virtually) Also Present: M. Gaskell, Chief Administrative Officer W. Mar, Commissioner of Legal and Enforcement Services/Town Solicitor H. Ellis, Executive Advisor to the Mayor C. Harris, Town Clerk K. Douglas, Legislative Specialist (Recording Secretary) S. D’Agostino, External Counsel
Regrets: None noted
1. Declarations of Pecuniary Interest
1.1 There were no declarations of pecuniary interest.
Moved By Councillor Newman Seconded By Councillor Mulcahy
That Council move in-camera in accordance with Procedure By-law # 7462-18, Closed Meeting Policy G 040, and the Municipal Act, 2001, Section 239 (2) (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and (f) advice that is subject to solicitor-client privilege, including
Page 55 of 153 Agenda Item # 2.1
communications necessary for that purpose.
Carried
2. Closed Session
2.1 Update – Toronto-Guild Investments Limited v. Town of Whitby – Local Planning Appeal Tribunal (LPAT) Appeal
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.]
3. Rising and Reporting
3.1 Motion to Rise
Moved By Councillor Newman Seconded By Councillor Leahy
That Council rise from the closed portion of the meeting.
Carried
3.2 Reporting Out During the closed portion of the meeting, Council provided direction to external counsel and discussed matters related to litigation or potential litigation, including matters before administrative tribunals, and received advice that is subject to solicitor-client privilege.
4. Adjournment
4.1 Motion to Adjourn
Moved By Councillor Leahy Seconded By Councillor Yamada
That the meeting adjourn.
Carried
Page 56 of 153 Agenda Item # 2.1
The meeting adjourned at 6:54 p.m.
Christopher Harris, Town Clerk Don Mitchell, Mayor
Page 57 of 153 Agenda Item # 2.1
Special Council Minutes February 8, 2021 - 7:00 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 Roy (Participating Virtually) Councillor Shahid (Participating Virtually) Councillor Yamada (Participating Virtually)
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. 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 - 2021 Operating and Capital Budget Councillor Lee, Chair of Finance, provided an overview of the public meeting format.
2.1 Presentation - 2021 Budget Overview F. Wong, Commissioner of Financial Services/Treasurer F. Wong, Commissioner of Corporate Services/Treasurer, provided an overview of the proposed 2021 Budget. Key highlights of the presentation included:
Page 58 of 153 Agenda Item # 2.1
Special Council Minutes February 08, 2021 - 7:00 PM
the 2021 budget process timeline, including the launch of the Citizen Budget Tool in October 2020 and publishing of the budget books in January 2021; the projected financial impact of COVID-19 on 2021 operations, primarily due to the closure of recreational facilities and programs; the 2021 budget adjustments to mitigate the financial impact of COVID-19, such as reducing operating expenses and a one-time reduction to the Asset Management Reserve Fund contribution; key considerations when building the 2021 budget, including community priorities, maintaining services and infrastructure, growth, and COVID-19; budget pressures related to maintaining community services, partially offset by a line-by-line review of expenses that identified reductions and efficiencies; the cost of maintaining the Town’s infrastructure, which increases annually due to inflation and additional infrastructure assumed by the Town; the estimated cost associated with the Town’s anticipated population growth, offset by development charges and assessment growth; the 0.55 percent property tax increase to the Town’s portion of the property tax bill in order to achieve a balanced 2021 budget; the proposed 2021 capital budget of $87 million, which is financed by development charges, property taxes, growth reserves, the asset management reserve, and federal gas tax; proposed capital investments in two district parks and playground equipment, recreational trails, the 2021 roads program, the North Whitby Sports Complex, traffic signs, library upgrades, a hospital feasibility study, diversity and inclusion training, and climate change programs; the projected overall property tax bill increase of 1.59 percent, which includes the Educational and Regional portions; a comparison of Durham Region municipalities proposed and approved 2021 property tax increases based on a home assessed at $503,000; and, next steps in the 2021 budget process.
2.2 Delegations There were no delegations. A question and answer period ensued between Members of Council and Staff regarding: the extent to which proposed and approved 2021 property tax
Page 59 of 153 Agenda Item # 2.1
Special Council Minutes February 08, 2021 - 7:00 PM
increases of neighbouring municipalities were considered when creating the Town’s 2021 budget; whether the Town's proposed 2021 property tax increase considers the future expectations of taxpayers; the flexibility of the 2021 budget given that assumptions regarding COVID-19 and operational issues may be inaccurate; the significant difference between the 2020 committed long term debt and 2021 forecasted long term debt; whether the rate of return on the Town’s investments and current low interest rates have affected the 2021 budget; clarification on the proposed renovations to the Whitby Animal Services Centre and whether the renovations may be postponed; the estimated annual cost of maintaining all Town sidewalks during the winter months; clarification regarding the annual percent increase to operating costs, should the Town choose to maintain all sidewalks; whether the 2021 budget includes trail expansions, and renewals of existing trails within the Town; how the Parks Program is funded, including the use of development charges; and, clarification regarding the gap between the 2020 and 2021 group benefits expense.
3. Adjournment
3.1 Motion to Adjourn
Moved By Councillor Leahy Seconded By Councillor Newman
That the meeting adjourn.
Carried
The meeting adjourned at 7:49 p.m.
Christopher Harris, Town Clerk Don Mitchell, Mayor
Page 60 of 153 Agenda Item # 2.1
Special Council Minutes February 22, 2021 - 6:00 PM Virtual Meeting/Council Chambers Whitby Town Hall
Present: 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 A. McCullough, Director of Finance/Deputy Treasurer H. Ellis, Executive Advisor to the Mayor C. Harris, Town Clerk K. Douglas, Legislative Specialist (Recording Secretary)
Regrets: Mayor Mitchell
1. Declarations of Pecuniary Interest
1.1 There were no declarations of pecuniary interest.
2. Presentations
2.1 Doug Allingham and Leo Plue, Members, Hospital Task Force Re: Hospital Task Force 2021 Update
Page 61 of 153 Agenda Item # 2.1
Doug Allingham and Leo Plue, Hospital Task Force Members, provided a PowerPoint presentation regarding the Hospital Task Force 2021 Update. Highlights of the presentation included: introduction of Hospital Task Force Members; a timeline of steps taken to identify the preferred acute care hospital site in Durham Region; anticipated population growth in Durham Region and significant growth areas; the service coverage of existing hospital locations; the need for a new acute care hospital to close the service gap in Central Durham Region; the amount of land required to accommodate the hospital; key factors in identifying a preferred hospital site, including addressing service gaps, transportation access, environmental constraints, and current development applications; the number of potential development sites within the Town that meet the desired criteria; the favourable characteristics and service coverage of the preferred hospital site located on the southeast quadrant of Highway 407 and Lake Ridge Road that is currently owned by the Ministry of Transportation Ontario (MTO); limitations of the alternate site that is currently endorsed by Council, such as restricted acreage and the cost of acquiring the land; an overview of the hospital funding model, including the provincial and local share of costs relating to construction and planning, as well as equipment, technology, land and servicing costs; a comparison to the recent Cortellucci Vaughan Hospital funding model; the benefits of having a new hospital in Central Durham Region, including the creation of new jobs and the ability to address gaps in critical care service; the expected request for a Letter of Interest or Request for Proposal (RFP) from Lakeridge Health for a potential hospital site; and, next steps for the Hospital Task Force, including continued advocacy for a cost effective site selection process and community engagement. A question and answer period ensued between Members of
Page 62 of 153 Agenda Item # 2.1
Council and Members of the Hospital Task Force regarding: whether the Hospital Task Force has consulted with the Region of Durham, other municipalities, and Lakeridge Health regarding the proposed hospital site; discussions the Hospital Task Force has had with the provincial government and MTO regarding the preferred site; whether the RFP or Letter of Interest will address the local share of the hospital funding model; the property tax levy imposed on City of Vaughan residents as a result of the Cortellucci Vaughan Hospital construction; the timeline for Cortellucci Vaughan Hospital’s completion and whether the proposed Central Durham Region hospital will follow a similar timeline; whether the preferred hospital site may be serviced within the anticipated construction timeline; clarification regarding the Hospital Task Force's next steps for securing the preferred site; whether Central Lake Ontario Conservation Authority (CLOCA) has been consulted regarding potential flooding issues on the preferred hospital site; whether the preferred site accommodates plans for future expansion of the hospital; and, the risks of pursuing land owned by the MTO as the preferred site for the new hospital.
3. Delegations
3.1 There were no delegations.
4. Items for Consideration
4.1 Office of the Chief Administrative Officer and Planning and Development Department Joint Report, CAO 03-21 Re: Hospital Task Force Update A brief question and answer period ensued between Members of Council and Members of the Hospital Task Force regarding whether the Letter of Interest would replace the need for an RFP.
Resolution # 33-21
Moved By Councillor Lee
Page 63 of 153 Agenda Item # 2.1
Seconded By Councillor Mulcahy
1. That Council endorse the preferred and alternate site as recommended by the Hospital Task Force as outlined in this report and direct the Hospital Task Force to continue discussions with potential stakeholders; and, 2. That the Town Clerk forward a copy of Report CAO 03-21 to the Minister of Health, the Minister of Transportation, Minister of Long-Term Care, all Durham Region MPP’s, the Regional Chair, the Lakeridge Health Board Chair and the President and CEO of Lakeridge Health.
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 Councillor Yamada x 8 0 0
5. Confirmatory By-law
5.1 Confirmatory By-law
Resolution # 34-21
Moved By Councillor Newman 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 February 22, 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.
Page 64 of 153 Agenda Item # 2.1
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 6:52 p.m.
Christopher Harris, Town Clerk Chris Leahy, Deputy Mayor
Page 65 of 153 Agenda Item # 2.1
Special Council Minutes February 25, 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 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. Douglas, Legislative Specialist (Recording Secretary)
Regrets: None noted
1. Declarations of Pecuniary Interest
1.1 Mayor Mitchell declared a pecuniary interest under the Municipal Conflict of Interest Act regarding the proposed hospital site in North Whitby as well as the mid-block arterial road, as Mayor Mitchell and his family have an interest in 5455 Ashburn Road, which is a part of the proposed hospital site and the mid-arterial road.
Page 66 of 153 Agenda Item # 2.1
2. Presentations
2.1 Opening Remarks by Councillor Lee, Chair of Finance and Matthew Gaskell, Chief Administrative Officer Councillor Lee, Chair of Finance, provided opening remarks regarding the 2021 Budget, acknowledging the public for their input into the process and Town Staff for their efforts. M. Gaskell, Chief Administrative Officer, provided an overview of the 2021 Budget and the ongoing impacts of COVID-19 on residents, businesses, and the budget. Mr. Gaskell noted the roll out of COVID-19 vaccines, the emergence of COVID-19 variants, and the postponement of March Break. He emphasized the Town's priority of ensuring the health and wellbeing of Staff, residents, and the broader community. Mr. Gaskell noted the continued impacts of COVID-19 on Town finances and operations, resulting in a staff hiring freeze and temporary layoffs, the closure of Town facilities, and cancelation of special events. He explained that the budget was built on the assumption that COVID-19 will continue to impact 2021 operations and service deliveries, similar to 2020. Mr. Gaskell provided an overview of how COVID-19 may impact the Town's programs, services, and facilities in 2021. He explained that service level reductions are necessary to minimize the property tax burden on residents and businesses. Mr. Gaskell emphasized that the 2021 budget is a one-time measure than cannot be repeated in future years, especially as the Town's population grows.
3. Delegations
3.1 There were no delegations.
4. Consideration of the 2021 Operating and Capital Budgets
4.1 Financial Services Department Report, FS 09-21 Re: Reporting Requirement Per Ontario Regulation 284/09
Resolution # 35-21
Moved By Councillor Roy Seconded By Councillor Newman
Page 67 of 153 Agenda Item # 2.1
1. That Report FS 09-21 of the Commissioner of Financial Services/ Treasurer be received as information. 2. That the full accrual accounting items identified in Report FS 09-21 be approved and included as budget figures in the December 31, 2021 audited financial statements. 3. That the Treasurer be authorized to make the required amendments to the budget figures in the Town’s audited financial statements for any amendments to the Town’s budget approved by Council.
Carried
4.2 Financial Services Department Report, FS 12-21 Re: Recommended 2021 Operating and Capital Budget A question and answer period ensued between Members of Council and Staff regarding: the challenges of preparing the 2021 budget given the impacts of COVID-19; whether the Provincial and Federal government have announced their 2021 grant funding for municipalities to help offset COVID-19 financial pressures; and, confirmation of the proposed Asset Management Reserve Fund contribution for 2021 and how this amount was determined given the uncertain impact of COVID-19. Discussion ensued between Members of Council regarding: the importance of minimizing the property tax burden on residents and businesses that have been financially impacted by COVID-19; the hard work and efforts made by Town Staff to prepare the 2021 budget; the experiences of Staff, residents and Members of Council during the pandemic; the responsibility of Members of Council to advocate on behalf of residents; how residents and businesses may have benefitted from a zero percent increase to the Town's portion of the overall property tax bill; the Town's 2021 service level reductions and how the budget would impact ongoing and future projects; a comparison to the preliminary and approved 2021 tax increases of other municipalities;
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the financial impact of COVID-19 on local businesses; how the proposed one time reduction to the Asset Management Reserve fund follows the Town's principled approach of only using one time monies/savings to offset one time expenses/pressures; the value residents place on Town programs and services; the uneven impact of COVID-19 on residents; and, how an increase of 0.55 percent to the Town's portion of the overall property tax bill can help ensure residents continue to receive valued services during the pandemic.
Moved By Councillor Roy Seconded By Councillor Mulcahy
1. That the 2021 Operating Budget be approved at a net Town tax levy increase of $1,650,383 (to a total tax levy of $104,239,075 inclusive of assessment growth) representing a 1.61% average residential increase to the Town levy or estimated 0.55% increase to the overall Whitby residential tax bill; 2. That the 2021 Operating Budget be adjusted for the projected financial impact of COVID-19 through a $7,814,398 reduction in revenues offset by a $4,447,528 reduction in associated expenditures and a $3,366,870 reduction to the transfer to the Asset Management Reserve Fund in 2021; 3. That the COVID-19 adjustments in the 2021 Operating Budget be reversed in the 2022 Operating Budget; 4. That the Town’s 2021 operating budget, in the gross expense budget amount of $137,830,993 (adjusted for COVID-19) be approved and funded from the sources identified in Table 1 of this report; 5. That the 2021 Capital Budget (expenditures and funding sources), in the gross capital budget amount of $86,969,922 be approved and funded from the sources identified in Table 2 of this report; 6. That the 2021 Des Newman/CP Rail Grade Separation capital project and the Mid Arterial Roadway (from Ashburn to Anderson) capital project be funded from a debenture, in the amounts of $6,000,000 and $8,393,000 respectively, to be issued through the Region of Durham, following substantial completion; 7. That the Treasurer’s update of the Town’s projected debt servicing charges as it impacts the Town’s Annual Repayment Limit for all previously approved debentures and
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the proposed debentures outlined in Staff Report FS 12-21 be received; 8. That in accordance with s.s. 5(1) of the Development Charges Act, and S. 5 of Ontario Regulation 82/98, it is Council’s clear intention that any excess capacity provided by any of the capital projects will be paid for by future development charges; 9. That any donations, grants or subsidies applied in the 2021 capital program to projects with development charges funding are to offset the non-growth related costs of those projects; 10. That assessment growth in excess of the budget estimate be contributed to the Growth Reserve Fund; 11. That the actual one-time reduction in the transfer to the Asset Management Reserve Fund to address 2021 COVID- 19 pandemic pressures be adjusted to reflect any grant funding and actual 2021 net financial impact of the pandemic; 12. That the transfers to and from reserves and reserve funds as identified on pages 111 to 115 of the 2021 Budget Book as shown in Attachment 1 be approved; 13. That the 2022 to 2030 capital forecast in the amount of $867,440,740 be received for information and subject to future annual reviews as part of the capital budget process; and, 14. That Council confirm the previously approved 2020 Des Newman/CP Rail Grade Separation capital project and budget amount of $8,750,000 be funded from a debenture to be issued, through the Region of Durham.
Carried later in the meeting [See following motions]
Moved By Councillor Yamada Seconded By Councillor Leahy
The main motion be amended to replace Items 1 and 4, and add Item 3a as follows:
1. That the 2021 Operating Budget be approved with no tax levy increase (a total tax levy of $102,588,692 inclusive of assessment growth); 3. That the COVID-19 adjustments in the 2021 Operating Budget be reversed in the 2022 Operating Budget; 3a. That the remaining 2021 Operating Budget tax levy increase of $1,650,383 be deferred to 2022 via a further one- time (2021) reduction to the transfer to the Asset
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Management Reserve Fund to be reversed in 2022; 4. That the Town’s 2021 operating budget, in the gross expense budget amount of $136,180,610 (adjusted for COVID-19) be approved and funded from the sources identified in Table 1 (as amended further to Item 3a) of this report;
Motion lost later in the meeting [See following motions]
Moved By Councillor Roy
That the motion for the previous question (amendment) be called.
Carried on a recorded vote as follows:
For Against Abstained Councillor Roy x Councillor Drumm x Councillor Leahy x Councillor Lee x Councillor Mulcahy x Councillor Newman x Councillor Shahid x Councillor Yamada x Mayor Mitchell x 5 4 0
The amendment to replace Items 1 and 4, and add Item 3a in the main motion was then 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 4 5 0
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The main motion, save and except items related to the proposed Whitby hospital site and the mid-arterial road, was then considered.
Moved By Councillor Leahy Seconded By Councillor Yamada
That the motion for the previous question (main motion) be called.
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 4 5 0
Resolution # 36-21
Moved By Councillor Roy Seconded By Councillor Mulcahy
1. That the 2021 Operating Budget be approved at a net Town tax levy increase of $1,650,383 (to a total tax levy of $104,239,075 inclusive of assessment growth) representing a 1.61% average residential increase to the Town levy or estimated 0.55% increase to the overall Whitby residential tax bill; 2. That the 2021 Operating Budget be adjusted for the projected financial impact of COVID-19 through a $7,814,398 reduction in revenues offset by a $4,447,528 reduction in associated expenditures and a $3,366,870 reduction to the transfer to the Asset Management Reserve Fund in 2021; 3. That the COVID-19 adjustments in the 2021 Operating Budget be reversed in the 2022 Operating Budget;
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4. That the Town’s 2021 operating budget, in the gross expense budget amount of $137,830,993 (adjusted for COVID-19) be approved and funded from the sources identified in Table 1 of this report; 5. That the 2021 Capital Budget (expenditures and funding sources), in the gross capital budget amount of $86,969,922 be approved and funded from the sources identified in Table 2 of this report; 6. That the 2021 Des Newman/CP Rail Grade Separation capital project and the Mid Arterial Roadway (from Ashburn to Anderson) capital project be funded from a debenture, in the amounts of $6,000,000 and $8,393,000 respectively, to be issued through the Region of Durham, following substantial completion; 7. That the Treasurer’s update of the Town’s projected debt servicing charges as it impacts the Town’s Annual Repayment Limit for all previously approved debentures and the proposed debentures outlined in Staff Report FS 12-21 be received; 8. That in accordance with s.s. 5(1) of the Development Charges Act, and S. 5 of Ontario Regulation 82/98, it is Council’s clear intention that any excess capacity provided by any of the capital projects will be paid for by future development charges; 9. That any donations, grants or subsidies applied in the 2021 capital program to projects with development charges funding are to offset the non-growth related costs of those projects; 10. That assessment growth in excess of the budget estimate be contributed to the Growth Reserve Fund; 11. That the actual one-time reduction in the transfer to the Asset Management Reserve Fund to address 2021 COVID- 19 pandemic pressures be adjusted to reflect any grant funding and actual 2021 net financial impact of the pandemic; 12. That the transfers to and from reserves and reserve funds as identified on pages 111 to 115 of the 2021 Budget Book as shown in Attachment 1 be approved; 13. That the 2022 to 2030 capital forecast in the amount of $867,440,740 be received for information and subject to future annual reviews as part of the capital budget process; and, 14. That Council confirm the previously approved 2020 Des Newman/CP Rail Grade Separation capital project and budget amount of $8,750,000 be funded from a debenture to be issued, through the Region of Durham.
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Carried 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 8 1 0
Having previously declared a conflict of interest, Mayor Mitchell did not take part in the discussion or vote on matters pertaining to the proposed Whitby hospital site and the mid-arterial road within the Town of Whitby.
Resolution # 37-21
Moved By Councillor Leahy Seconded By Councillor Roy
That the budget items related to the proposed Whitby hospital site and the mid-arterial road be approved.
Carried
5. By-law to Adopt the Budgets
5.1 By-law # 7721-21, being a by-law to adopt the 2021 Operating and Capital Budgets.
Resolution # 38-21
Moved By Councillor Newman Seconded By Councillor Leahy
That leave be granted to introduce By-law # 7721-21 and to
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dispense with the reading of the by-law 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
6. Adjournment
6.1 Motion to Adjourn
Moved By Councillor Mulcahy Seconded By Councillor Leahy
That the meeting adjourn.
Carried
The meeting adjourned at 8:15 p.m.
Christopher Harris, Town Clerk Don Mitchell, Mayor
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Committee of the Whole Minutes February 22, 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 Catherine Jay, Partner, SGL Planning and Design Inc. Re: Planning and Development Department Report, PL 09- 21 Downtown Whitby Secondary Plan Update: Phase 1 - Background Review and Analysis
Refer to Item 4.5, PL 09-21 Catherine Jay, Partner, SGL Planning and Design Inc., provided a PowerPoint presentation regarding the Downtown Whitby Secondary Plan Update: Phase 1 - Background Review and Analysis. Highlights of the presentation included: the key goals of the Study and the Study area boundaries; the rationale for updating the Downtown Whitby Secondary Plan; the purpose of a Secondary Plan, including but not limited to determining how land can be used, establishing appropriate height and density within the area, determining the locations for buildings, parks, schools, and roads, and the types of transportation options that should be accommodated; detailed information about the four phases of the study process; the purpose of the Background Review and Analysis Report and the results of the analysis; an overview of the virtual engagement to date including presentations to various committees and the
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virtual Community Open House; the purpose of the online engagement and the key themes resulting from the online Community Open House responses; and, the next steps in the process. A question and answer period ensued between Members of Committee, Ms. Jay and Mr. Lowes regarding: the establishment of a clear vision about how the heritage and future growth would relate to each other relative to the identity of Downtown Whitby which would inform all details and achieve cohesiveness in Downtown Whitby; whether Downtown Whitby would primarily have a heritage feel or whether it would be a blend of heritage and new development; whether the character of Downtown Whitby was considered in comparison to the character of Downtown Brooklin; the challenges associated with the preservation of the existing character of Downtown Whitby in the development of the Downtown Whitby Secondary Plan; how components of the Town's Culture Plan such as culture and diversity would be incorporated into the Downtown Whitby Secondary Plan to reflect culture within the community; incorporating opportunities to expand and utilize the whole of Downtown Whitby including the rear facade of stores and alleys into the Downtown Whitby Secondary Plan; opportunities to develop a range of housing within the Downtown Whitby Secondary Plan; how to ensure public transit fits in with creating a vision for a successful downtown; and, capitalizing on building economic strength in Downtown Whitby as part of the Downtown Whitby Secondary Plan.
2. Delegations
2.1 Mike Pettigrew representing Whitby (Brock and Rossland) Developments Inc. Re: Planning and Development Department Report, PL 01- 21 Zoning By-law Amendment Application, Block 10 on Plan
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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)
Refer to Item 4.1, PL 01-21 Mike Pettigrew, representing Whitby (Brock and Rossland) Developments Inc., advised that he was representing Highmark Homes who was the owner of the subject property. He advised that he had read and was in support of the Staff recommendation. He stated that the proposed development conforms with the Whitby Official Plan, noting that his client is seeking approval for a Zoning By-law Amendment to implement the development that was envisioned for the subject land which was the fourth phase of the development. A question and answer period ensued between Members of the Committee and Mr. Pettigrew regarding: opportunities for public input by the neighbouring residents on the revised proposal specifically related to the increase in the number of storeys for two of the three buildings; and, whether the proposed townhouses would be located at the rear of the apartment buildings and whether they would act as a buffer for existing residents located behind the townhouses.
2.2 Allan Scully and Nikolas Papapetrou, SmartCentres, Bliss Edwards, SmartStop, 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 4.2, PL 06-21 Allan Scully and Nikolas Papapetrou, SmartCentres, Bliss Edwards, SmartStop, and Mike Dror, Bousfields, provided a PowerPoint presentation which included a detailed overview of the applications to permit the development of a 4-storey self-storage building at 20 Taunton Road East. Mr. Papapetrou advised that they have read and were in support of the Staff recommendation to approve the required Official Plan and Zoning By-law Amendments. He further stated that SmartCentres has been part of the community for
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approximately 20 years and owns 3 commercial properties in Whitby, noting that two of the properties were located at the intersection of Taunton Road East and Baldwin Street South. Mr. Papapetrou advised that SmartCentres partnered with Smart Stop Self Storage to explore opportunities across Canada, noting that SmartStop has been operating in Canada for over 10 years and was a leader in the design and operation of modern self storage facilities. Mr. Papapetrou stated that the demand for this type of facility was growing as intensification occurs throughout the Greater Toronto Area, noting that not only do the facilities support the surrounding residential community, but they also support businesses that make up 40 percent of the customer base. He noted that these facilities were best located in strategic locations close to residential and employment areas so that they would be easily accessible. Mr. Papapetrou advised that the design and operation of the facilities have evolved which allows them to be integrated with existing commercial and residential areas with no impact to neighbouring lands. He noted that the facilities were compact, that they do not generate traffic, and that they do not require much parking. All loading and unloading occurs within the building and all units were fully climate controlled. Mr. Papapetrou stated that due to the compact design, the facilities were ideal for underutilized parcels of land. He advised that their property located at the northeast corner of Taunton Road East and Baldwin Street has operated as a retail centre for many years, and that completion of the centre has been difficult because vehicular access was limited to right-in/right-out entrances from Taunton Road and Baldwin Street. Mr. Papapetrou further advised that they were proposing to complete the centre by developing a four-storey self-storage facility in the northeast corner of the property. He stated that the parcel of land was 1.1 acres in size and that access to the facility would be via existing entrances located on Taunton Road East and Baldwin Street South. He noted that the parcel of land would be severed from the shopping centre; however easements for shared access, parking and servicing would be in place. He advised that the gross floor area would be 11,214 square metres with a total of 28 parking spaces for employees and customers, that the storage use would be fully operated within the building with no outdoor storage and/or loading. He advised that the property was located in a Regional Centre and in the Brock/Taunton Intensification Area. Mr. Papapetrou stated the proposed infill development represents an efficient use of
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land, and results in intensification of an under utilized piece of property in an area of the Town identified for intensification. He showed slides of the conceptual rendering of the building facing north, northeast, and northwest noting that the modern architectural design of the building and landscaping would enhance the site. He advised that the elevations would be composed of quality materials including glass and paneling, and that the perimeter of the property and parking lot islands would be fully landscaped. He provided an example of a recently completed project in Brampton and advised that it was similar to the proposed self-storage facility.
2.3 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 4.3, PL 07-21 Rodger Miller, Miller Planning Services, and Andrew Sgro, Broccolini Construction, provided a PowerPoint presentation regarding Official Plan and Zoning By-law Amendment Applications, for the property located at the northeast corner of Garrard Road and Conlin Road. Mr. Miller stated that the subject land was comprised of a total area of 64 acres. He advised that the Official Plan Amendment application was to remove a north/south collector road from Conlin Road to the future Mid-Block Arterial road. He further advised that the Zoning By-law Amendment application was to rezone the existing Agriculture Zone to an Employment Zone. Mr. Miller stated that he and Mr. Sgro had read and were in support of the Staff recommendation. He advised that the applications were to support a proposed use of the property for a warehouse and distribution facility. He advised that he has received comments with respect to the proposal from the Town, the Region of Durham, and the Central Lake Ontario Conservation Authority (CLOCA) which were all in support of the applications. He further advised that his client contacted two members of the public that delegated at the Public Meeting in order to explain the proposed development and to address their concerns. Mr. Miller noted that his client
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advised Town Staff that the prospective tenant was considering a smaller building footprint and that the details were outlined in the Staff report. He advised that his client wanted the Committee to know that the tenant's decision with respect to the building templates were under review and that he has been working with the Town, the Region and CLOCA with respect to the floor plans and that the agencies were aware that both floor plans remain on the table. Mr. Miller stated that the details of the floor plan would be dealt with through the Site Plan Application process. Mr. Miller stated that his client was hoping that the Committee would recommend approval of the applications and that upon Council's final approval, his client would file for Site Plan approval. A question and answer period ensued between Members of Committee, Mr. Miller, and Mr. Sgro regarding: the timeline for construction completion and occupancy; and, details about CLOCA's comments with respect to the wetland at the northern portion of the site.
2.4 Brian Moss, Brian Moss and Associates Ltd. Re: Planning and Development Department Report, PL 10- 21 Requests for Exemptions from Interim Control By-law # 7699-20
Refer to Item 4.6, PL 10-21 Brian Moss, Brian Moss and Associates Ltd., stated that he was representing the owners of the property located between Anderson Street and Thickson Road on the south side of Rossland Road East beside the hydro right-of-way. He advised that the property backs onto an area built in the mid to late 1980's and that there was a cul-de-sac behind the property with two adjacent single family dwellings that have their side yards adjacent to the subject property. Mr. Moss stated that the property was committed to by the purchasers in late fall of 2020, that they began the pre-consultation with Town Staff, that they had submitted a concept plan, and had begun to refine some ideas for the property. Mr. Moss stated that the discussion with Staff was to develop infill townhouses on a 1.25 acre site located on an arterial road. He advised that he was responding to the Interim Control By- law that was passed in December 2020, noting that his client
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would like to be able to move forward to begin the planning process. Mr. Moss stated that the Interim Control By-law would pause the proposed development for a minimum of several months and a maximum period of almost two years, noting that this was a challenge for them and for all areas in Whitby that were part of the Interim Control By-law. He advised that the rationale for requesting an exemption from the Interim Control By-law was because he felt that as new policies may be developed around intensification in mature neighbourhoods, it was challenging to believe that a small townhouse development on an arterial road would not meet any new policy that may come forward. Mr. Moss stated that it was unfortunate that this proponent could not commence the planning process and begin community consultation. A question and answer period ensued between Members of Committee and Mr. Moss regarding; clarification that the property located at 1509 Rossland Road East was constructed in 1895 and that it was currently listed on the Town of Whitby's Heritage Registry; whether a professional heritage evaluation has been undertaken for the property located at 1509 Rossland Road East; and, whether the proponent was seeking to demolish the structures on the property.
2.5 Mirko Favit representing Castlevale Development Corporation Re: Planning and Development Department Report, PL 10- 21 Re: Requests for Exemptions from Interim Control By-law # 7699-20
Refer to Item 4.6, PL 10-21 Mirko Favit, Candevcon Ltd., advised that he was representing Castlevale Development Corporation and that he was available to answer questions from the Committee with respect to the request for an exemption from the Interim Control By-law for the development that consists of the extension of Hanover Court to permit the implementation of six residential building lots. A question and answer period ensued between Members of Committee and Mr. Favit regarding the feedback received
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from the virtual Community Open House that was held in December 2020.
3. Correspondence
3.1 There was no correspondence.
4. Staff Reports
4.1 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) A question and answer period ensued between Members of Committee and Staff regarding: the rationale for the reduction of the required parking spaces from 827 to 571 parking spaces and whether the reduced parking would be sufficient for the development; details with respect to visitor parking and active transportation modes; concerns raised about traffic congestion at the intersection of Rossland Road and Brock Street and the traffic safety mitigation measures that would be undertaken; whether the implementation of signalization at the intersections of Civic Centre Drive and Rossland Road and Brock Street North and Kenneth Hobbs Avenue was being considered by the Region of Durham; and, whether there were privacy issues for existing residents on Vanier Street due to the location of the proposed apartment buildings.
Recommendation:
Moved By Councillor Newman
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
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amended, be brought forward for Council’s approval.
Carried
4.2 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)
Recommendation:
Moved By Councillor Leahy
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
4.3 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)
Recommendation:
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Moved By Councillor Roy
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 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
4.4 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 Committee and Staff regarding: the rationale for another planning overlay particularly in the Port Whitby area; including a recommendation that the Town of Whitby would not support this should it create additional entitlements to existing planning regimes particularly in the Port Whitby neighbourhood; whether the Major Transit Station Areas (MTSA) proposed policy directions was time sensitive, and the possibility of referring the Staff report to Council; whether inclusionary zoning would provide an additional land-use planning tool for the Town to include new affordable housing units in areas of intensification around the Whitby GO Station; deferring the report to review the language around the Town's request for enabling and not prescriptive MTSA policies from the Region wherever possible, and discretionary and not mandatory plans related to the existing GO Train Station with a distinction made to the future Thornton's Corners GO Station; clarification on the relationship between the Region
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and the Town with respect to the purpose of the Region's efforts to align the Region's policies and plans relative to the Growth Plan; the impact that employment area conversions would have on the Town; whether the Town investing in incentives would be necessary to attract interest from developers; and, the proximity of the Whitby GO Station and MTSA to the Downtown Whitby Secondary Plan and whether there may be a conflict between the two areas.
Recommendation:
Moved By Councillor Newman
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
4.5 Planning and Development Department Report, PL 09-21 Re: Downtown Whitby Secondary Plan Update: Phase 1 - Background Review and Analysis A question and answer period ensued between Members of Committee and Staff regarding: details about the future public engagement/consultation process; whether implementing the Downtown Whitby Secondary Plan would assist in enhancing economic growth; and, how to ensure that affordable housing and market value housing options would be available in Downtown Whitby.
Recommendation:
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Moved By Councillor Drumm
That Report PL 09-21 be received for information.
Carried
4.6 Planning and Development Department Report, PL 10-21 Re: Requests for Exemptions from Interim Control By-law # 7699-20 A question and answer period ensued between Members of Committee and Staff regarding: whether the request for an exemption from the Interim Control By-law regarding 1509 and 1513 Rossland Road East would be an infill development that would benefit from the study from the Interim Control By-law to guide the Town with policy to ensure there would be consistent and acceptable infill development across the Town; whether the Committee would like to seek legal advice should the Committee wish to approve the request for exemption from the Interim Control By-law for 1509 and 1513 Rossland Road East; whether the proponent for 1509 and 1513 Rossland Road East could commence any aspect of the development should the request for an exemption from the Interim Control be denied; and, confirmation that Staff could not guide an applicant or Council about what may be an acceptable exemption request.
Recommendation:
Moved By Councillor Leahy
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.
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Carried later in the meeting [See following motion]
Note: Consideration of this matter, Item 4.6, was deferred until later in the meeting.
It was the consensus of the Committee to hear Item 5.1, at this time.
Recommendation:
Moved By Councillor Newman
That Council move in-camera in accordance with Procedure By-law # 7462-18, Closed Meeting Policy G 040, and the Municipal Act, 2001, Section 239 (2) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
Carried
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
Recommendation:
Moved By Councillor Leahy
That the Committee rise from the closed portion of the meeting.
Carried
Councillor Yamada advised that during the closed portion of the meeting Committee received advice that is subject to solicitor-client privilege. The main motion was then carried as follows:
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Recommendation:
Moved By Councillor Leahy
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
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 Paul Bumstead, Senior Project Engineer, and Matthew Cory, Malone Given Parsons Public Works Department Report, PW 5-21 Re: Brooklin North Major Roads Environmental Assessment
Refer to Item 9.4, PW 5-21 Paul Bumstead, Senior Project Engineer, and Matthew Cory, Malone Given Parsons, provided a PowerPoint presentation regarding the Brooklin North Major Roads Environmental Assessment. Highlights of the presentation included: detailed information about the five phases the Environmental Assessment Study process; detailed information about the scope of the Roads Environmental Assessment and what was not included in the scope in the Roads Environmental Assessment;
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details of the design principles for arterial and collector roads based on complete streets principles; details on the preferred road alignments, and preferred right-of-ways for each roadway;
Recommendation:
Moved By Councillor Mulcahy
That the rules of procedure be suspended to allow the presentation to exceed the ten minute limit.
Carried on a Two Thirds Vote
Paul Bumstead, Senior Project Engineer, and Matthew Cory, Malone Given Parsons, continued their presentation regarding the Brooklin North Major Roads Environmental Assessment. Highlights included: details about the intersection control process and the preferred intersection controls; details about the five phases of the road infrastructure in north Brooklin; the preliminary capital cost based on the preliminary design as proposed in the Environmental Assessment; details about tasks completed to date, the next steps in the process, and tasks to be undertaken following the approval of the Environmental Assessment; A question and answer period ensued between Members of Committee, Mr. Bumstead, and Mr. Cory regarding: the benefits of having a complete streets focus; whether the potential for a ramp from Cochrane Road to Highway 407 was considered a part of the Assessment; whether the future studies for Brawley Road would determine the width of the road allowance and how that would impact the intersection at Thickson Road and Brawley Road; whether the preliminary cost of $300,000,000.00 would be out-of-pocket costs for the Town; and, whether the preliminary cost estimates were based on the cost today. It was the consensus of the Committee to hear Item 9.4, PW 5-21, at this time.
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7. Delegations
7.1 There were no delegations.
8. Correspondence
8.1 Memorandum from C. Chrus, Manager, Creative Communities, dated February 22, 2021 regarding the Downtown Whitby Development Steering Committee's 2020 Annual Report A question and answer period ensued between Members of Committee and Staff regarding: details about the presentation regarding the revitalization of Newmarket's Historic Main Street and whether a copy of the presentation could be shared with Members of Council; and, whether the Terms of Reference for the Downtown Whitby Development Steering Committee was consistent with the Terms of Reference for the Brooklin Downtown Development Steering Committee.
Recommendation:
Moved By Councillor Drumm
That the Downtown Whitby Development Steering Committee's 2020 Annual Report be received for information.
Carried
8.2 Memorandum from C. Chrus, Manager, Creative Communities, dated February 22, 2021 regarding the Brooklin Downtown Development Steering Committee's 2020 Annual Report
Recommendation:
Moved By Councillor Lee
That the Brooklin Downtown Development Steering Committee's 2020 Annual Report be received for information.
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Carried
9. Staff Reports
9.1 Financial Services Department Report, FS 05-21 Re: 2020 Tender Awards
Recommendation:
Moved By Councillor Drumm
That Report No. FS 05-21 of the Commissioner of Financial Services be received as information.
Carried
9.2 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
Recommendation:
Moved By Councillor Shahid
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,
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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
9.3 Financial Services Department Report, FS 11-21 Re: Draft Development Charge Background Study A question and answer period ensued between Members of Committee and Staff regarding: the significant reduction in what could be included in the development charge base, and whether it was a reduced benefit to existing deductions or whether it was a reduction due to legislative changes that prevents the Town from recovering development charges for some Town assets; whether the reductions were due to removing items from capital costs due to comments from developers indicating that the Town does not need to spend as much on items such as roads, bridges and parks; the rationale for Whitby's residential and non- residential development rates being mid-range in comparison to comparable municipalities; whether 100 percent of assessment growth for the Town over the next 10 years would be applied to capital costs and would not offset any operational costs; confirmation on the annual funds that would be allocated to the Capital Reserve Fund to offset the tax payers portion of the capital plan; opportunities to debt finance the additional funds required and recover the funds over a 20 year period as opposed to 10 years so that the life of the asset would be paid in the future by tax payers who would benefit from the asset; whether the Town was in a better position due to the increase of the recovery percentage of net municipal costs for growth related infrastructure to service growth in comparison to 2016 when the recovery percentage was lower for net municipal costs for growth related infrastructure; and, whether the impact on the tax base resulting from the new development charge rates was comparable to the impact on the tax base as a result of the 2016
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development charge rates.
Recommendation:
Moved By Councillor Shahid
That report FS 11-21 from the Commissioner of Financial Services/Treasurer be received as information.
Carried
It was the consensus of the Committee to hear Item 8.1, Memorandum from C. Chrus, Manager, Creative Communities, dated February 22, 2021 regarding the Downtown Whitby Development Steering Committee's 2020 Annual Report, at this time.
9.4 Public Works Department Report, PW 5-21 Re: Brooklin North Major Roads Environmental Assessment
Recommendation:
Moved By Councillor Newman
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
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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
It was the consensus of the Committee to hear Item 9.1, FS 05-21, at this time.
9.5 Public Works Department and Office of the Chief Administrative Officer Joint Report, PW 8-21 Re: AVIN Status Update
Recommendation:
Moved By Councillor Newman
That Report PW 8-21 be received for information.
Carried
9.6 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
Recommendation:
Moved By Councillor Shahid
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
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9.7 Office of the Town Clerk Report, CLK 02-21 Re: Amendment to Procedure By-law # 7462-18 - Petitions
Recommendation:
Moved By Councillor Leahy
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
9.8 Office of the Town Clerk Report, CLK 03-21 Re: Brock Street Distilling Company Ltd. – “By The Glass” Manufacturer’s Limited Liquor Sales Licence Application to the AGCO
Recommendation:
Moved By Councillor Newman
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
10. New and Unfinished Business - General Government
10.1 Permanent Traffic Calming Devices Including Speed Humps in New and Existing Neighbourhoods
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Councillor Lee introduced a motion regarding permanent traffic calming devices including speed humps in new and existing neighbourhoods. A question and answer period ensued between Members of Committee and Staff regarding: whether there was a process to identify existing streets that Members of Council have received requests from residents for traffic calming devices that Staff would prioritize; and the timeline for a report back to Council.
Recommendation:
Moved By Councillor Lee
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 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
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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
It was the consensus of the Committee to resume consideration of Item 4.6, PL 10-21, at this time.
Adjournment
Motion to Adjourn
Recommendation:
Moved By Councillor Mulcahy
That the meeting adjourn.
Carried
The meeting adjourned at 10:18 p.m.
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Committee of the Whole Minutes March 1, 2021 - 6:00 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
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overview of meeting etiquette 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.
General Government
Councillor Roy assumed the Chair. 1. Presentations
1.1 Ian Shelley, Partner, Blackline Consulting Re: Office of the Town Clerk Report, CLK 04-21 Customer Service Strategy - Interim Report
Refer to Item 4.1, CLK 04-21 Ian Shelley, Partner, Blackline Consulting, provided a PowerPoint presentation regarding the Customer Service Strategy - Interim Report. Highlights of the presentation included: common practices at other municipalities including moving toward a central point of entry to the municipality, centralizing customer service in phases, moving toward one knowledge base that staff and the public use, and increasing customer service through interactive online services; details about practices that create a positive experience for customers, including getting to the right person quickly, having a larger range of online services, making the experience prompt and simple, limiting the number of staff that the customer has to interact with, and apprising customers on the progress of their matters; details about how Whitby delivers customer service which includes an existing customer service philosophy and culture, the various points of entry to the municipality, inconsistent customer service processes and service levels, no modern technology
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to track customer activity, and different payment options depending on the division. the Region of Durham's launching of the 311 telephone number and how Whitby may wish to be aligned with the Region's technology. A question and answer period ensued between Members of Committee and Mr. Shelley regarding: to what extent the online strategy at the initial entry point would ensure appropriate human contact by residents with the Town; whether the focus groups in consultation with the Whitby Chamber of Commerce and the Downtown Whitby Business Improvement (BIA) would establish a process for identifying bureaucratic procedures that could be simplified; whether there was a broad based solution to ensure that staff were trained to send calls to the right place; payment options related to permits; whether there was an alternate plan should Council not be comfortable with the Region's 311 system; the timeline to have a system in place to provide an in-depth ability to answer calls from residents; the timeline for the next update; and, whether focus groups would review scenarios where a member of the public was dissatisfied with the customer service provided by the Town. It was the consensus of the Committee to hear Item 4.1, CLK 04-21, at this time.
1.2 Andrew Frontini, Lead Designer, Michael Blois, Project Architect, Phil Fenech, Principal in Charge, and Philip O'Sullivan, Project Manager, Perkins and Will Re: Community Services Department Report, CMS 04-21 Whitby Sports Complex (WSC) – Project Update and Next Steps
Refer to Item 4.2, CMS 04-21 Andrew Frontini, Lead Designer, Michael Blois, Project Architect, Phil Fenech, Principal in Charge, and Philip O'Sullivan, Project Manager, Perkins and Will, provided a PowerPoint presentation regarding the Whitby Sports Complex (WSC) - Project Update and Next Steps. Highlights of the presentation included:
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detailed information about the guiding principles including place making, the focus on recreational uses and sport components, finding the right balance between programming uses, setting the stage for sustainability, and constructability and value to the Town of Whitby; the strategic location of the complex at the intersection of Highway 12 and Highway 407 and the visibility of the site from a distance; detailed information about the site analysis including the future neighbours, the solar orientation and wind rose, and the location of the building on the site; the three possible locations for the complex on the site and the rationale for the ideal location; details about the site and the crafting of a new landscape; details about the character and organization of the site; detailed information on the three design concepts including the terraced courts, the active plaza and the bridge; and, the next steps in the process. A question and answer period ensued between Members of Committee, Mr. Frontini, Mr. Blois, Mr. Fenech, and Mr. O'Sullivan regarding: whether the viewing area around the arenas in each of the design concepts were stands or flat space; which of the three design concepts was the most environmentally friendly and sustainable; whether the public would be providing feedback on the features and final designs; whether the concept design of the active plaza was significantly larger than the terraced courts and the bridge; whether specific elements of the active plaza and the bridge could be incorporated into one building design; whether all three design concepts were within the same budget amount; the form and methods for presenting the Whitby Sport Complex to the community; opportunities to include outdoor ice in any/all design concepts; and, whether the consultation would involve programming in partnership with outside entities.
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It was the consensus of the Committee to hear item 4.2, CMS 04-21, at this time.
1.3 Maria McDonnell, Senior Manager, Community Advancements, and Sara Udow, Principal and Co-Founder, PROCESS Re: Community Services Department and Office of the Chief Administrative Officer Joint Report, CMS 03-21 Whitby Culture Plan
Refer to Item 4.3, CMS 03-21 Maria McDonnell, Senior Manager, Community Advancements, and Sara Udow, Principal and Co-Founder, PROCESS, provided a PowerPoint presentation regarding the Whitby Culture Plan. Highlights of the presentation included: the purpose, vision and life of the Whitby Culture Plan; the definition of culture and cultural planning; details about the three phases in developing the Culture Plan; details about the various methods of engagement, the number of participants throughout the public engagement process and the feedback received; details about the guiding principles of the project; detailed information about the five directions and actions associated with the implementation of the Culture Plan; and, the financial considerations including the Town's annual budget and departmental budgets, and partnerships and grant program opportunities to support implementation of the plan. A brief question and answer period ensued between Members of Committee, Ms. McDonnell and Ms. Udow regarding the relationship and dialogue with the music industry in Durham and how the Whitby Culture Plan could assist in supporting local artists.
2. Delegations
2.1 Karey Anne Large, Executive Director, Downtown Whitby Business Improvement Area Re: Community Services Department and Office of the
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Chief Administrative Officer Joint Report, CMS 03-21 Whitby Culture Plan [Revised]
Refer to Item 4.3, CMS 03-21 Karey Anne Large, Executive Director, Downtown Whitby Business Improvement Area (BIA), stated that she had the opportunity to participate and engage in the interactive sessions for the Whitby Culture and provided ideas and stakeholder feedback on behalf of the BIA. She advised that many of the BIA Board members also provided their thoughts on the development of the Culture Plan for the Town of Whitby. Ms. Large stated tat the development of a Culture Plan was a new, fresh and welcoming addition to the Town. Ms. Large advised that the adoption of the Culture Plan would provide the BIA more insight into the wants and needs of the community, noting that the BIA, in collaboration with the Town, could move forward not only for the betterment of the Town at large, but for the betterment of the BIA and for Downtown Whitby. Ms. Large stated that the five pillars identified were what were needed to support the development of any programming that takes place in the Downtown. She indicated that culture was such an important part of who we all are and to now have a solid foundation in place to achieve that, was quite an accomplishment. Ms. Large commented on COVID-19 putting a halt on many things that were once viewed as normal activities, and that she believed that the timing of the Culture Plan could not be better, noting that the plan allow for the community to come together, rebuild and look ahead to better times. She advised that the BIA was looking forward to continuing to foster its collaborative working environment with the Town and were looking forward to being a key partner to bring this plan to life in the coming years. She noted that a few ideas have already been brought forward and that the BIA was working towards the implementation of those ideas. Ms. Large noted that the actions set out in the plan create opportunities for engagement and collaboration with many groups within the community. It was the consensus of the Committee to hear Item 4.3, CMS 03-21, at this time.
2.2 Moe Pringle Re: Legal and Enforcement Services and Office of the Town
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Clerk Joint Report, LS 01-21 Election Sign By-law
Refer to Item 4.11, LS 01-21 Moe Pringle, 937 Harding Street, stated that for the most part he was in agreement with the proposed election sign by-law. He advised of the Region of Durham's former by-law requiring the 500 metre distance separation between signs on regional roads for the same candidate, but that he has never seen any enforcement of the by-law. He stated that he has gained some experience from the two Regional Chair campaigns that he was involved with regarding various sign by-laws in place throughout the municipalities within the Region of Durham, noting that some were more restrictive than others and that some were much more proactive with respect to enforcement. Mr. Pringle inquired about the number of complaints for sign infractions during the provincial and federal election campaigns compared to municipal election campaigns in Whitby. He advised that there would be no more than six candidates installing signs for provincial or federal campaigns, noting that the last municipal election had 49 candidates running for 18 positions in Whitby and that 31 of those candidates were running town-wide campaigns. He further advised that the sign clutter created by signs in provincial and federal elections was not anywhere close to the sign clutter from municipal elections, and suggested creating two different sign by-laws. Mr. Pringle stated that there was not anything about third party campaigns and how they would be governed by the proposed by-law within the Staff report. He stated that during the last federal election he complained to the Town of Whitby Staff about unregistered third party campaign signs and that there was no enforcement on this matter. Mr. Pringle advised that the Town of Whitby had four new Members of Council elected in the 2018 election and that three of those candidates were not running against incumbents. He stated that it was well known that incumbents running in municipal elections have a high rate of re-election. He noted that changes to the by-law that would be voted on by those, who some may think, have that most to gain would draw criticism. Mr. Pringle advised that signs assist in creating name recognition and this may act as an impediment to those who may be considering running for office. A question and answer period ensued between Members of
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Committee and Mr. Pringle regarding: suggestions related to provisions in the by-law that would assist with sign clutter in the municipal election versus the provincial and federal elections; whether there should be different rules governing provincial and federal elections as opposed to municipal elections, and whether there should be stricter regulations for campaign signs in municipal elections; whether the sign size of 1.2 square metres was the average size of most of the large signs in the last municipal election; whether the delegate received the information regarding the proposed by-law; and, the method by which the delegate became aware of the proposed election sign by-law report.
2.3 John Ecker Re: Legal and Enforcement Services and Office of the Town Clerk Joint Report, LS 01-21 Election Sign By-law
Refer to Item 4.11, LS 01-21 John Ecker, 113 Whitburn Street, stated that there were several laudable goals in the report, namely sustainability, protecting sight lines, and improving road safety. He advised that he was in agreement with a lot of the previous delegate's statements. Mr. Ecker further stated that the Staff report noted that election signs were an historically important and highly political form of expression in our country, and that the challenge before Council was to craft a by-law that addresses its stated goals, but not contravene the important historic Charter rights of Canadians. He advised that in creating a by-law separate from By-law # 5696-05, the current Temporary Sign By-law, that it was important that the goal also be to achieve equity. That is, the rules governing election signage should be equitable with, if not equal to, the rules that govern signage in in the Temporary Sign By-law. Mr. Ecker stated that it would be important to make parallel changes to the Temporary Sign By-law, especially with respect to measures related to the Town’s stated goals of sustainability, protecting sight lines and improving road safety should the Town proceed with the measures recommended in the Staff report. He advised that, under the proposed terms, candidates for office would
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be subject to far stricter rules than others being primarily private companies. He further stated that in practice there were currently very limited restrictions with respect to the distance between signs for the same candidate, but that in the proposed by-law, the minimum distance between signs from the same candidate would be 500 metres. He noted that it would only be candidates running for office that would be subject to this restriction and not other entities covered under the Temporary Sign By-law. Mr. Ecker stated that free elections were an important feature of our democracy. He commented on the difficulty for first-time candidates to become known and to challenge incumbents, noting that the recommended direction may be seen as favouring incumbents, and that while the goal was to reduce sign clutter that it would be more difficult for new candidates to use signage as a way to elevate their profile and for their voices and names to be placed before Whitby electors. Mr. Ecker stated that the need for sign deposits, fees and penalties for candidates was not substantiated in the report. He requested that prior to proceeding with said penalties that Council direct staff to produce a report to include the number of complaints received, the number of signs removed and how much revenue was collected from infractions over the past two municipal, provincial and federal elections. Mr. Ecker noted that the height limit of 0.6 metres within 20 metres of intersections would also be problematic, noting that many intersections do not have a clearance of 20 metres and that election signs at those intersections would be dwarfed by the larger signs permitted under the Temporary Sign By-law. He further noted that under the Temporary Sign By-law a high number of the illegally posted signs were bag signs. He suggested that the Town ban the use of bag signs for any purpose, noting that they clutter intersections and public boulevards, were not recyclable and that the metal fames were hazardous to people and equipment when the bags become separated from their frames. Mr. Ecker inquired about enforcement records and infraction fines collected over the last few years for this type of illegal sign. Mr. Ecker suggested that the by- law include the requirement that election signs installed using metal rods must use safety colour post caps. Mr. Ecker requested that the Temporary Sign By-law be reviewed to ensure there would be a clearly defensible measure of equity between the proposed by-law and the Temporary Sign By-law should Council proceed with the provisions within the Staff report. He further requested that
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there be consultation with campaign experts, former candidates, and incumbents at all three levels of government in Whitby, noting that it would result in a better and more respected by-law. A question and answer period ensued between Members of Committee and Mr. Ecker regarding: whether there should be other modifications to the proposed by-law apart from banning bag signs and the use of safety caps over metal sign supports; whether the proposed height and size of the signs was acceptable; how the delegate became aware of the proposed by- law; whether the delegate felt there had been proper consultation about the proposed by-law; and, whether there could have been other modifications to the proposed by-law had there been consultation with federal and provincial parties. It was the consensus of the Committee to hear Item 4.11, LS 01-21, at this time.
3. Correspondence
Councillor Roy vacated the Chair for this portion of the meeting.
Councillor Drumm assumed the Chair.
3.1 Memorandum from K. Narraway, Manager, Legislative Services/Deputy Clerk dated February 19, 2021 regarding Temporary Patio Extensions - Public and Private Property
Recommendation:
Moved By Councillor Roy
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.
Carried later in the meeting [see following motion]
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Recommendation:
Moved By Councillor Roy
That the main motion be amended by including Item 2 as follows: 2. That Staff be directed to report to Council on opportunities to expand the promotion and uptake of 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
The main motion, as amended, was then carried as follows:
Recommendation:
Moved By Councillor Roy
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 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
Councillor Roy assumed the Chair.
4. Staff Reports
4.1 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 Committee and Staff regarding the timeline for
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approaching Members of Council and Staff to identify individuals who would be participants in the focus groups.
Recommendation:
Moved By Councillor Newman
That Staff Report CLK 04-21, Customer Service Strategy – Interim Report, be received for information.
Carried
It was the consensus of the Committee to hear Item 1.2, Presentation by Andrew Frontini, Lead Designer, Michael Blois, Project Architect, Phil Fenech, Principal in Charge, and Philip O'Sullivan, Project Manager, Perkins and Will, regarding the Whitby Sport Complex, at this time.
4.2 Community Services Department Report, CMS 04-21 Re: Whitby Sports Complex (WSC) – Project Update and Next Steps A question and answer period ensued between Members of Committee and Staff regarding: whether Council would have the opportunity to review the costing information on the three concepts prior to April; opportunities for Council to provide additional feedback on the design concepts following the presentation at this meeting; and, whether the stakeholder consultation would include the outside entities for programming.
Recommendation:
Moved By Councillor Mulcahy
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
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the recommended design option considering the feedback received through engagement on the project.
Carried
It was the consensus of the Committee to hear Item 1.3, Presentation by Maria McDonnell, Senior Manager, Community Advancements, and Sara Udow, Principal and Co-Founder, PROCESS, regarding the Whitby Culture Plan, at this time.
4.3 Community Services Department and Office of the Chief Administrative Officer Joint Report, CMS 03-21 Re: Whitby Culture Plan [Revised]
Recommendation:
Moved By Councillor Mulcahy
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.
Carried later in the meeting [See following motion]
Recommendation:
Moved By Mayor Mitchell
That the main motion be amended by including Item 4 as follows: 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
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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 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
The main motion, as amended, was then carried as follows:
Recommendation:
Moved By Councillor Mulcahy
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.
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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 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
It was the consensus of the Committee to hear Item 2.2, Delegation by Moe Pringle, at this time.
4.4 Office of the Chief Administrative Officer Report, CAO 06-21 Re: Overview of Creative Communities Team in Strategic Initiatives, Office of the CAO A brief question and answer period ensued between Members of Committee and Staff regarding whether the content of the amendment was included in the Staff report.
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Recommendation:
Moved By Councillor Newman
That report CAO 06-21, Overview of Creative Communities Team in Strategic Initiatives, Office of the CAO, be received for information.
Carried later in the meeting [See following motion]
Recommendation:
Moved By Councillor Newman
That the main motion be amended by including Items 2 and 3 as follows: 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
The main motion, as amended, was then carried as follows:
Recommendation:
Moved By Councillor Newman
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,
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3. That Staff report to Council on the progress of key initiatives of the Creative Communities Team in 2021 and ongoing as required.
Carried
4.5 Office of the Chief Administrative Officer Report, CAO 07-21 Re: Updates to the Special Events Policy A brief question and answer period ensued between Members of Committee and Staff regarding potential events that may take place in 2021.
Recommendation:
Moved By Councillor Shahid
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
4.6 Office of the Administrative Officer Report, CAO 08-21 Re: Diversity, Equity & Inclusion Training Plan 2021 [Revised] Discussion ensued between Members of Committee regarding: diversity and inclusion being a priority among Council and Staff; the delegations by Cora Reid, Black Rose Movement Durham and the Congress of Black Women, Oshawa Whitby Chapter that have taken place at the Whitby Diversity and Inclusion Advisory Committee, Committee of the Whole and Council
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regarding diversity, equity and inclusion training; and, the overview of the training that took place via the presentation at the Whitby Diversity and Inclusion advisory Committee meeting that took place in February 2021.
Recommendation:
Moved By Councillor Leahy
That report CAO-08-21 be received for information.
Carried
4.7 Office of the Chief Administrative Officer Report, CAO 04-21 Re: Economic Recovery Plan – 2020 Summary A question and answer period ensued between Members of Committee and Staff regarding: an overview of the efforts undertaken to identify and categorize businesses that are struggling in the Town of Whitby as a result of the pandemic, and to provide support to those businesses through the Economic Recovery Plan; whether the Staff report reflects the current number of businesses enrolled in the Digital Main Street Program and the Digital Main Street Shop-Here Program; confirmation that the 12 Days of Local Holiday Shopping was a collaborative effort by the Downtown Whitby Business Improvement Area, the Region's Economic Development Department, the Whitby Chamber of Commerce and the Town of Whitby; whether initiatives as part of the plan to shop local would be promoted by the Town through social media campaigns; whether the Shop Durham Region website was a stand-alone application; and, whether additional pedestrian areas would be included in addition to patio extensions in the summer.
Recommendation:
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Moved By Councillor Newman
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
4.8 Office of the Chief Administrative Officer Report, CAO 05-21 Re: Elevate-Talent Initiative
Recommendation:
Moved By Councillor Mulcahy
1. That Council receive Report # CAO 05-21 for information; and, 2. That Council endorse the BIPOC Connect Talent Initiative.
Carried
4.9 Financial Services Department Report, FS 07-21 Re: 2020 Investment Report A question and answer period ensued between Members of Committee and Staff regarding: whether the additional funds committed to the long- term investment portfolio would produce better returns for 2021; and, confirmation that the total long-term investment portfolio of $308,000,000.00 was the highest amount the portfolio had ever achieved.
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Recommendation:
Moved By Councillor Shahid
1. That Report No. FS 07-21 of the Commissioner, Financial Services and Treasurer be received for information; and, 2. That the Town of Whitby’s Investment Policy, approved by Council on March 9, 2020, remain unchanged for 2021.
Carried
4.10 Public Works Department Report, PW 07-21 Re: Des Newman Boulevard Grade Separation Status Update A question and answer period ensued between Members of Committee and Staff regarding: whether there was a way other than through the preliminary and detail design process that the poor soil conditions could have been identified earlier; and, whether the adjusted cost of the bridge was included in the existing Development Charges Study and/or in the next Development Charges Study to recover costs.
Recommendation:
Moved 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
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with the results of the Subway review and recommended next steps for the project.
Carried
4.11 Legal and Enforcement Services and Office of the Town Clerk Joint Report LS 01-21 Re: Election Sign By-law A question and answer period ensued between Members of Committee and Staff regarding: whether the proposed election sign by-law was time sensitive; how the freedom of expression protections in the Canadian Charter of Rights and Freedoms were considered in the development of the report; including changes to the proposed by-law prior to consultation; whether the removal of signs within 48 hours of the last voting day has worked well in the municipalities that were consulted; the ability to restrict the type of signs and enforce the restriction of bag signs, and whether permitting bag signs would be a more accessible approach for candidates; the possibility of retaining the seven day timeline for the removal of election signs; whether sign infraction fines could be imposed on a candidate whether or not there was a $300 sign deposit fee; whether Staff would continue the practice of giving candidates advance notice about signs in violation of the by-law, and whether the practice of notice should be included in the by-law; whether consultation took place with previous registered candidates in the municipal election and/or federal or provincial representatives; a referral of the report to undertake consultation; sending the proposed by-law to previous candidates in the last municipal election, and the federal and provincial riding associations in Whitby for consultation and feedback; what consultation on the proposed by-law would achieve; whether there should be differential treatment for
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federal and provincial election signs versus municipal election signs; whether direction to Staff was required about who should be consulted should the report be deferred; opportunities for Members of Council to provide feedback during the consultation process should the report be deferred; reviewing By-law # 5696-05 (Temporary Sign By- law) to create consistencies for signs in general and to be more equitable in comparison to the proposed Election Sign Bylaw; and, reducing the installation date for elections signs from 42 to 28 days.
Recommendation:
Moved By Councillor Mulcahy
1. That the Clerk be directed to bring forward a stand- alone Election Sign By-law to give effect to the recommendations contained in Section 4.2 of Report LS 01-21; 2. 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, 3. That Item MD-4917 be removed from the General Government New and Unfinished Business List.
Note: The disposition of the matter, Item 4.11, was determined through the deferral motion below. [See following motions]
Recommendation:
Moved By Councillor Leahy
That Item 1 of the main motion be amended to read as follows: That the Clerk be directed to bring forward a stand- alone Election Sign By-law to give effect to the recommendations contained in Section 4.2 of Report LS 01-21, except that the removal of election signs be changed from 48 hours to 7 days after the election.
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Carried
Recommendation:
Moved By Councillor Leahy
That Item 1 of the main motion be further amended to read as follows: That the Clerk be directed to bring forward a stand- alone Election Sign By-law to give effect to the recommendations contained in Section 4.2 of Report LS 01-21, except that the removal of election signs be changed from 48 hours to 7 days after the election, and that there be no sign deposit fee.
Carried
Recommendation:
Moved By Councillor Mulcahy
That Item 1 of the main motion be further amended to read as follows: That the Clerk be directed to bring forward a stand- alone Election Sign By-law to give effect to the recommendations contained in Section 4.2 of Report LS 01-21, except that the removal of election signs be changed from 48 hours to 7 days after the election, and that there be no sign deposit fee, and that the installation date for election signs be reduced to 28 days for municipal elections.
Motion Lost
Recommendation:
Moved By Councillor Mulcahy
That Item 1 of the main motion be further amended to read as follows: That the Clerk be directed to bring forward a stand- alone Election Sign By-law to give effect to the recommendations contained in Section 4.2 of Report LS 01-21, except that the removal of election signs be
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changed from 48 hours to 7 days after the election, and that there be no sign deposit fee, and that signs for the same candidate will be required to be separated by a minimum distance of 1,000 metres on arterial, regional, and provincial roads for municipal elections only (provincial and federal to remain at 500 metres), noting that this provision will not apply to signs placed on private property as neighbouring residents may choose to display signs supporting the same candidate.
Motion Lost
The main motion, as amended, was then before Committee as follows:
Recommendation:
Moved By Councillor Mulcahy
1. That the Clerk be directed to bring forward a stand- alone Election Sign By-law to give effect to the recommendations contained in Section 4.2 of Report LS 01-21, except that the removal of election signs be changed from 48 hours to 7 days after the election, and that there be no sign deposit fee. 2. 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, 3. That Item MD-4917 be removed from the General Government New and Unfinished Business List.
Note: The disposition of the matter, Item 4.11, was determined through the deferral motion below. [See following motion]
Recommendation:
Moved By Councillor Mulcahy
That consideration of Staff Report, LS 01-21, Election Sign By-law, be postponed to the Committee of the Whole meeting on April 19, 2021.
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Carried
It was the consensus of the committee to hear Item 3.1 Memorandum from K. Narraway, Manager, Legislative Services/Deputy Clerk dated February 19, 2021 regarding Temporary Patio Extensions - Public and Private Property, at this time.
5. New and Unfinished Business - General Government
5.1 7-Eleven Canada’s Proposal to Serve Alcohol Mayor Mitchell introduced a motion regarding 7-Eleven Canada's Proposal to Serve Alcohol.
Recommendation:
Moved By Mayor Mitchell
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:
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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
5.2 Durham Region Agriculture Centre of Excellence Councillor Mulcahy introduced a motion regarding the Durham Region Agriculture Centre of Excellence. A question and answer period ensued between Members of Committee and Staff regarding: whether the Durham College feasibility study for an agricultural centre refers to land that Durham College owns; whether the creation of the Durham Region Agricultural Centre of Excellence was a Regional decision or Town decision; and, the possibility of more than one Durham Region Agricultural Centre of Excellence.
Recommendation:
Moved By Councillor Mulcahy
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
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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,
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
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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 College; and, Ontario Tech.
Carried
5.3 Extension and Expansion of the Digital Main Street Program Councillor Drumm introduced a motion regarding the extension and expansion of the Digital Main Street Program. A question and answer period ensued between Members of Committee and Staff regarding:
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whether the original source of the funding was from the Federal Ministry of Economic Development and Official Languages or the Ministry of Small Business, Export Promotion and International Trade; and, confirmation that correspondence would be directed to the correct sources of funding.
Recommendation:
Moved 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 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.
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Therefore be it resolved that:
1. That 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. That 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 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
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Ontario Chamber of Commerce (OCC) Whitby Chamber of Commerce 1855 Whitby Durham Economic Recovery Taskforce
Carried
5.4 New and Unfinished Business List - Item MD-5659 Councillor Roy inquired whether MD-5659 regarding the petition and parking enforcement measures during the pandemic was completed. C. Harris, Town Clerk, advised that a report about petitions was presented at the February 22, 2021 Committee of the Whole meeting. W. Mar, Commissioner of Legal and Enforcement Services/Town Solicitor, advised that a joint report with the Public Works Department was anticipated to be presented at the April 12, 2021 Committee of the Whole meeting.
Adjournment
Motion to Adjourn
Recommendation:
Moved By Councillor Leahy
That the meeting adjourn.
Carried
The meeting adjourned at 10:12 p.m.
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Audit Committee Minutes January 28, 2021 - 12:00 PM Virtual Meeting
Present: Mayor Mitchell (Participating Virtually) Councillor Drumm (Participating Virtually) Councillor Leahy (Participating Virtually) Councillor Lee (Participating Virtually) Councillor Newman (Participating Virtually)
Also Present: M. Gaskell, Chief Administrative Officer F. Wong, Commissioner of Financial Services/Treasurer A. McCullough, Director of Finance/Deputy Treasurer R. Zheng, Senior Manager, Treasury Services C. Harris, Town Clerk K. Douglas, Legislative Specialist (Recording Secretary)
Regrets: None noted
Call to Order: The Mayor 1. Declarations of Pecuniary Interest
1.1 There were no declarations of pecuniary interest.
2. Items for Consideration
2.1 Financial Services Department Report, FS 06-21 Re: 2019 Year End Communication and Financial Statements S. Stewart, Partner, Deloitte LLP, provided an overview of the 2019 Year End Communication and Financial Statements. Mr. Stewart noted outstanding matters, including receipt of the signed management representation letter, legal responses, and other audit procedures. He advised that the materiality level used for the 2019 audit was $4.3 million, and that no misstatements were identified. Mr. Stewart noted the satisfactory audit response to potential fraud risks such as revenue recognition and management override of controls. He explained that when Veridian Corporation and Whitby Hydro Energy Corporation amalgamated to form Elexicon Corporation in fiscal 2019, the Town's ownership interest in Elexicon increased in value by $26 million. Mr.
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Audit Committee Minutes January 28, 2021 - 12:00 PM
Stewart further explained that the 2019 audit was delayed by factors such as the COVID-19 pandemic and turnover of Town staff. A question and answer period ensued between Members of Council, Mr. Stewart, and Staff regarding: clarification on the audit risks and results; whether the Town's tangible capital assets are recorded at fair market value, replacement cost, or historical cost; clarification on how the increase to the Town's ownership interest in Elexicon was determined, and whether Veridian recognized a similar increase to their ownership interest; and, whether the Town will consider analyzing relevant policies and procedures during the 2020 audit.
Recommendation:
Moved By Councillor Leahy
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
3. Adjournment
3.1 Motion to Adjourn
Recommendation:
Moved By Councillor Lee
That the meeting adjourn.
Carried
The meeting adjourned at 12:24 p.m.
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Audit Committee Minutes January 28, 2021 - 12:00 PM
Don Mitchell, Mayor, Committee Chair Christopher Harris, Town Clerk
Page 133 of 153 Agenda Item # 11.1
Town of Whitby By-law # 7722-21
Part Lot Control By-law 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. 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 149, Plan 40M-2636, being all of PIN 26562-1780 (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 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 March 8, 2023.
By-law read and passed this 8th day of March, 2021.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
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Town of Whitby By-law # 7723-21
Part Lot Control By-law 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. 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) Lot 208, Plan 40M-2662, being all of PIN 26548-4519 (LT); (b) Lot 209, Plan 40M-2662, being all of PIN 26548-4520 (LT); (c) Lot 210, Plan 40M-2662, being all of PIN 26548-4521 (LT); (d) Lot 211, Plan 40M-2662, being all of PIN 26548-4522 (LT); (e) Lot 212, Plan 40M-2662, being all of PIN 26548-4523 (LT); (f) Block 213, Plan 40M-2662, being all of PIN 26548-4524 (LT); and, (g) Block 214, Plan 40M-2662, being all of PIN 26548-4525 (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 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 March 8, 2023.
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By-law read and passed this 8th day of March, 2021.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
By-law Name: Part Lot Control By-law By-law # 7723-21 Page 2 of 2
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Memorandum to Council Office of the Town Clerk
To: Mayor and Members of Council CC: Warren Mar, Commissioner of Legal Acknowledged by M. Gaskell, Services/Town Solicitor Chief Administrative Officer Kevin Narraway, Manager of Legislative Services/Deputy Clerk From: Christopher Harris, Town Clerk Date: March 8, 2021 File #: N/A Subject: Amendment to Procedure By-law - Robert’s Rules of Order
At the Committee of the Whole meeting on February 22, 2021, Staff Report CLK 02-21 regarding an amendment to Procedure By-law # 7462-18 concerning petitions was presented.
This memorandum recommends additional amendments to Procedure By-law # 7462- 18 to include a reference to Robert’s Rules of Order.
The Town of Whitby has informally used Robert's Rules of Order as a parliamentary authority to assist the Clerk in interpreting the rules of procedure, when applicable. As a best practice, reference to Robert’s Rules of Order in the Procedure By-law is recommended.
The By-law to amend Procedure By-law # 7462-18 included on the March 8th Council Agenda includes a reference to Robert’s Rules of Order by adding a Section 9 titled “Interpretation” as follows:
9. Interpretation 9.1 In the event of a conflict between this Procedure By-law and any statute or regulation, the provisions of the statute or regulation shall prevail. 9.2 When advice or guidance is required on a question of procedure, Robert’s Rules of Order may be used by the Clerk. The advice or
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guidance provided by Robert’s Rules of Order may then be communicated by the Clerk to the Chair to assist in making a ruling. 9.3 Further to Section 9.2, Robert’s Rules of Order does not automatically take precedence when the Procedure By-law does not address a particular procedural matter. Custom, precedent, and the intentional silence of the Procedure By-law on a matter must also be considered. Only when there is an inability to interpret or act upon the Procedure By-law would there be a need to reference Robert’s Rules of Order.
Please do not hesitate to contact me should you have any questions about this proposed amendment.
Thank you,
Chris Harris Town Clerk
Page 2 of 2
Page 138 of 153 Agenda Item # 11.3
Town of Whitby By-law # 7724-21
Amendment to Procedure By-law Being a By-law to Amend Procedure By-law # 7462-18. Whereas Council deems it expedient to amend the Procedure By-law to reference Robert’s Rules of Order, define ‘petition’, and provide a process for handling petitions; And whereas Council considered revisions to the Procedure By-law at its March 8, 2021 meeting through Staff Report CLK 02-21 and through a memorandum from the Town Clerk dated March 8, 2021; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General That the following definition shall be added in alphabetical order to Section 1 of the Procedure By-law # 7462-18: Petition means a document requesting Council’s consideration of a matter to which multiple individuals have signed or otherwise agreed with as petitioners and presented in a form and according to the process outlined in this By-law. That Sections 2.6 of the Procedure By-law # 7462-18 shall be repealed and replaced with the following wording: 2.6 Correspondence and Petitions 2.6.1 Correspondence intended to be presented to the Council shall,
a) include the author’s full name and full address; b) be legibly written or printed; c) be appropriate and respectful in tone, and not contain any improper or offensive language or information; and, d) be filed with the Clerk.
2.6.2 Petitions intended to be presented to the Council shall:
a) Be filed with the Clerk and be regarding a subject or requesting an action that is within Council’s authority. b) Have the text listed at the top of each page for multiple-page petitions. Pages should be numbered and total number of pages indicated. c) Be appropriate and respectful in tone, and must not contain any improper or offensive language or information. d) Identify the petition organizer and provide the organizer’s full name, full address, and phone number.
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e) If a paper petition, the petition should be legible and printed in ink, and include the signature, printed full name, and full address of each petitioner. f) If an electronic petition, include the full name, full address, and a valid e-mail address of each petitioner. g) Petitioners acknowledge that petitions addressed to the Town of Whitby and/or Council are considered a public document, may be posted on a publically available agenda, and that the information contained in the petition may be subject to the scrutiny of the Town and members of the general public. h) A petition that adheres to some but not all of the above requirements may be distributed to Council at the discretion of the Clerk. If the Clerk refuses to accept the petition for not meeting the above criteria, the Clerk shall notify the petition organizer and advise Members of Council that the petition has been refused. 2.6.3 Petitions or correspondence relating to a matter on the Council or Committee agenda shall be delivered to the Clerk not later than Wednesday noon before the Meeting.
2.6.4 The Clerk shall distribute the petition or correspondence received to the Council or Committee Members prior to the Meeting to which the correspondence pertains.
2.6.5 All correspondence on any subject within the purview of a Standing Committee shall be referred directly to that Standing Committee.
2.6.6 The Clerk shall prepare a Council Information Index listing all petitions and correspondence received by the Clerk and not related to an upcoming agenda. The Council Information Index shall be delivered electronically directly to each Member of Council every Friday. A Member of Council may request in writing that an item from the Council Information Index be lifted and included on the next appropriate agenda as determined by the Mayor. That the following be added as Section 9 to the Procedure By-law # 7462-18, with the existing Section 9 and subsequent sections renumbered accordingly: 9. Interpretation 9.1 In the event of a conflict between this Procedure By-law and any statute or regulation, the provisions of the statute or regulation shall prevail.
By-law Name: Amendment to Procedure By-law By-law # 7724-21 Page 2 of 3
Page 140 of 153 Agenda Item # 11.3
9.2 When advice or guidance is required on a question of procedure, Robert’s Rules of Order may be used by the Clerk. The advice or guidance provided by Robert’s Rules of Order may then be communicated by the Clerk to the Chair to assist in making a ruling. 9.3 Further to Section 9.2, Robert’s Rules of Order does not automatically take precedence when the Procedure By-law does not address a particular procedural matter. Custom, precedent, and the intentional silence of the Procedure By-law on a matter must also be considered. Only when there is an inability to interpret or act upon the Procedure By-law would there be a need to reference Robert’s Rules of Order. 2. Effective Date This by-law shall come into force and take effect upon the final passing thereof.
By-law read and passed this 8th day of March, 2021.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
By-law Name: Amendment to Procedure By-law By-law # 7724-21 Page 3 of 3
Page 141 of 153 Agenda Item # 11.4
Town of Whitby By-law # 7725-21
By-law to Authorize the Conveyance of Lands to The Regional Municipality of Durham 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. Whereas Section 9 of the Municipal Act, 2001, S.O. 2001, c.25 as amended, grants municipalities the capacity, rights, power and privileges of a natural person for the purpose of exercising its authority under this or any other Act; And whereas the Council of The Corporation of the Town of Whitby has authorized the conveyance of the lands to The Regional Municipality of Durham in accordance with Financial Services Report, FS 08-21; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows:
1. General
1.1. That the following Lands in the Town of Whitby, Regional Municipality of Durham, be conveyed to The Regional Municipality of Durham: (a) Part of Byron Street, Plan 173, North of Part 1, Plan 40R-25614, being all of PIN 26541-0172 (LT); and, (b) Lots 187, 188, and 189, Plan 173, except Parts 1, 6, 7 & 8, Plan 40R- 6470, being all of PIN 26541-0092 (LT). 1.2 That the Mayor and Clerk are hereby authorized to execute all documents to effect the conveyance of the Lands.
By-law read and passed this 8th day of Marc h, 2021.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
Page 142 of 153 Agenda Item # 11.5
Town of Whitby By-law # 7726-21
Part Lot Control By-law 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. 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 284, Plan 40M-2644, being all of PIN 26548-3974 (LT); (b) Block 285, Plan 40M-2644, being all of PIN 26548-3975 (LT); (c) Block 286, Plan 40M-2644, being all of PIN 26548-3976 (LT); and, (d) Block 287, Plan 40M-2644, being all of PIN 26548-3977 (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 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 March 8, 2023.
By-law read and passed this 8th day of March, 2021.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
Page 143 of 153 Agenda Item # 11.6
Town of Whitby By-law # 7727-21
Part Lot Control By-law Being a By-law to designate certain portions of a registered Plan of Subdivision (S-243- 98) 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) All Block 177, Plan 40M-2134; Part Road Allowance Between Lots 30 and 31, Concession 3 (Stopped up and Closed by DR65121); All Block 34, Plan 40M-2412; Part Lot 31, Concession 3; All Block 416, Plan 40M- 2139; Parts 1,2,3,4,6,7,8,11,12,13,19,20,21,22,23,24,25 and 26, Plan 40R-30398, being all of PIN 26548-4703 (LT); (b) Part Road Allowance between Lots 30 and 31, Concession 3 (Stopped up and Closed by DR65121), Part 5, Plan 40R-30398, being all of PIN 26548-4702 (LT); and, (c) Block 19, PLAN 40M-2187, being all of PIN 26548-2544 (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 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 March 8, 2023.
Page 144 of 153 Agenda Item # 11.6
By-law read and passed this 8th day of March, 2021.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
By-law Name: Part Lot Control By-law By-law # 7727-21 Page 2 of 2
Page 145 of 153 Agenda Item # 11.7
Town of Whitby By-law # 7728-21 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 179, Plan 40M-2648, being all of PIN 26547-1758 (LT); and, (b) Block 184, Plan 40M-2686, being all of PIN 26547-2475 (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 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 March 8, 2023.
By-law read and passed this 8th day of March, 2021.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
Page 146 of 153 Agenda Item # 11.8
Town of Whitby By-law # 7729-21
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 C2–S–RW–1 to H–C2–S–RW–10 for the Subject Land shown on Schedule “A-1” attached to and forming part of this By-law.
Subsection 7F(iii) – Special Purpose Commercial – Retail Warehouse (C2-S- RW) Zone – Exceptions to By-law #1784, as amended, is hereby further amended by adding thereto the following Exception:
Exception 10 – 1578 Victoria Street East
1. Defined Area The lands located north of Victoria Street East and west of Thickson Road South and zoned C2-S-RW-10 shall be subject to the provisions as hereinafter contained. Matters not specifically dealt with in this By- law amendment shall be governed by the relevant provisions of By-law #1784.
2. Uses Permitted Notwithstanding the uses permitted within a C2-S-RW-1 Zone, in any C2-S-RW-10 Zone the following additional use shall be permitted:
hotel
3. Zone Provisions Notwithstanding any zone provisions to the contrary, in any C2-S-RW- 10 Zone, the following zone provisions shall apply to the use of a hotel:
(a) Height of Building Maximum 6 storeys
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(b) Roof Top Appurtenances
The maximum height of any roof top appurtenances such as an elevator penthouse, mechanical room, stair tower, roof top access room, amenity space, and any architectural features shall not exceed 6 metres.
(c) Number of Parking Spaces Minimum 1 parking space per guest room or suite
4. Zone Provisions That Do Not Apply The following subsections of Section 4 General Provisions shall not apply to the lands zoned C2-S-RW-10:
4(g) Sight Triangles 4(m) Ten Percent (%) of Every Lot 4(w) Satellite Dishes 5. Holding Provisions (a) No person shall use any lot or erect, alter or use any building or structure in any H-C2-S-RW-10 Zone except in accordance with the following uses: (i) uses permitted in the C2-S-RW-1 Zone (b) The “H” holding symbol prefixed to the C2-S-RW-10 Zone shall only be removed by amendment to this By-law to permit a hotel use at such time as the following matters are fulfilled to the satisfaction of the Town of Whitby: (i) That acceptable mitigation measures have been adopted regarding noise and odour generated by neighbouring property owners.
By-law read and passed this 8th day of March, 2021.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
By-law Name: Zoning By-law Amendment By-law # 7729-21 Page 2 of 3
Page 148 of 153 Agenda Item # 11.8
By-law Name: Zoning By-law Amendment By-law # 7729-21 Page 3 of 3
Page 149 of 153 Agenda Item # 11.9
Town of Whitby By-law # 7730-21
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
1.1 Schedule “B” to By-law #1784 is hereby amended by changing the zoning from A to M1-3 and G for the Subject Land shown on Schedule “A-1” attached to and forming part of this By-law.
1.2 Subsection 8(c) Restricted Industrial (M1) Zone – Exceptions to By-law #1784, as amended, is hereby further amended by adding thereto the following Exception:
Exception 3: M1-3 North – East Corner of Conlin Road and Garrard Road
1. Defined Area
The lands located north of Conlin Road and east of Garrard Road and zoned M1-3 shall be subject to the provisions as hereinafter contained. Matters not specifically dealt with in this By-law amendement shall be governed by the relevant provisions of By-law #1784.
2. Uses Permitted
Notwithstanding the uses permitted in the M1 Zone, in any M1-3 Zone, the following additional uses shall be permitted:
warehouse distribution facility
3. Zone Provisions
Notwithstanding any zone provisions of this By-law to the contrary, in any M1-3 Zone, the following provisions shall apply to the use of warehouse distribution facility:
(a) Building Height Maximum 35 m
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(b) Roof Top Appurtenances
The maximum height of any roof top appurtenances such as an elevator penthouse, mechanical room, stair tower, roof top access room and any architectural features shall not exceed 6 metres.
(c) Parking and Loading Requirements
(i) Number of Parking Spaces
The minimum number of parking spaces required for a warehouse distribution facility shall be as follows:
1 parking space per 50 m2 of gross floor area up to 2,800 m2 plus; 1 additional parking space per 250 m2 of gross floor area up to 100, 000 m2, plus; 1 parking space per 350 m2 of gross floor area of building in excess of 100,000m2.
(ii) Location of Parking Spaces
Any parking area and parking spaces are permitted in all yards.
Any parking area and parking spaces shall be setback a minimum distance of 1.8 m from any main building, 3.0 m from any street line and 6.0 m from the east property line.
(iii) Driveway Width Maximum 12 m
Provided however that the maximum width for a driveway intended primarily for a truck access to the site shall be 26.0 m measured at the street line.
By-law Name: Zoning By-law Amendment By-law # 7730-21 Page 2 of 4
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(d) Outside Storage
Notwithstanding the Industrial Uses Permitted in subsection 8(a)(i), accessory outside storage including any outside storage of vehicles including commercial vehicles and motor vehicles and any trailers shall be permitted in the front yard, rear yard and in the interior side yard provided that such outside storage is not readily visible from any street line.
(e) Determination of Greenbelt ( G ) Zone Boundary
Notwithstanding the provisions of Section 3 Zones, subsection (b) Zone Boundaries provision (iii) to the contrary, the boundaries of the G Zone shall be as determined by the Central Lake Ontario Conservation Authority and the Town of Whitby.
4. Zone Provisions That Do Not Apply
The following subsections of Section 4 – General Provisions shall not apply to the lands zoned M1-3 by this By-law amendment:
4(g) Sight Triangles 4(m) Ten Percent (%) of Every Lot 4(w) Satellite Dishes 4A 4.5 Aisle Width Serving a Parking Area of a Non-Residential Use Article (a) 4A 5.4 Location of Loading Spaces article (c)
1.3 By-law # 7730-21 shall not come into force and effect until Amendment # 120 to the Town of Whitby Official Plan has received final approval.
By-law read and passed this 8th day of March, 2021.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
By-law Name: Zoning By-law Amendment By-law # 7730-21 Page 3 of 4
Page 152 of 153 Agenda Item # 11.9
By-law Name: Zoning By-law Amendment By-law # 7730-21 Page 4 of 4
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