The Whitby Record

Regular Council Meeting

January 29, 2018

Who was there

Present (4): Chris Leahy, Rhonda Mulcahy, Elizabeth Roy, Steve Yamada

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (29 motions)

26 carried, 3 recorded otherwise. Every motion below is printed as the minutes print it.

That the minutes be adopted.
Moved by Councillor Leahy, seconded by Councillor Emm
Carried
That the rules of procedure be suspended to hear a delegation from Billy Tung regarding Item 6.2, PL 4-18
Moved by Councillor Roy, seconded by Councillor Yamada
Carried
That the proclamations for Scout-Guide Week - February 19 to 25, 2018, Wish Month - March 2018 , Asian Heritage Month - May 2018, and flag raisings for Scouts Canada - February 19 to 23, 2018 and Girl Guides of Canada - February 23 to 27, 2018, be endorsed.
Moved by Councillor Yamada, seconded by Councillor Leahy
Carried
1. That Report PL 2-18 be
Moved by Councillor Leahy, seconded by Councillor Emm
Referred
1. That Council approve development plans for the Hiddenbrook Developments Block 80 (Site Plan Application SP-12-17), subject to: a. the completion of revisions to the proposed plans as outlined in Report No. PL 4-18; b. the Conditions of Approval set out in Attachment #9 of Report No. PL 4-18; and, c. a successful application to the Durham Land Division Committee, as identified in Section 5 of Report No. PL 4- 18. 2. That the Mayor and Clerk be authorized to execute a Site Plan Agreement; and, 3. That in accordance with the Conditions of Draft Approval for the Hiddenbrook subdivision (SW-2015-03), no residential building permits shall be issued for any lots or blocks until full municipal services and two means of street access are provided to the satisfaction of the Region of Durham and the Town of Whitby Fire and Public Works Departments so as to provide street access to Dundas Street West and Des Newman Boulevard.
Moved by Councillor Gleed, seconded by Councillor Roy
Carried
That the main motion be amended by adding the following as item 4: 4. That a copy of the memorandum from the Commissioner of Public Works dated January 24, 2018 be sent to the applicant and adjacent landowner.
Moved by Councillor Roy, seconded by Councillor Leahy
Carried
That the Brock Street North and Rossland Road East Urban Design Plan prepared by Kohn Partnership Architects Inc., on behalf of Highmark Homes, be endorsed by Council and used in the review, evaluation and consideration of subsequent pre-consultation and development applications on lands legally described as Blocks 9 and 10 Page 8 of 22 Regular Council Minutes January 29, 2018 - 7:00 PM on Plan 40M-2554.
Moved by Councillor Gleed, seconded by Councillor Roy
Carried
That Council authorize the submission and processing of all Minor Variance Applications to the Committee of Adjustment within a two-year time frame of a site specific Zoning By-law Amendment being passed, in accordance with subsection 45(1.4) of the Planning Act.
Moved by Councillor Gleed, seconded by Councillor Roy
Carried
1. That Council approve the Cedar City TFP Whitby Developments Inc. Draft Plan of Subdivision (File SW-2017-01) subject to the conditions of approval in Attachment #9 of Report Number PL 3- 18; 2. That Staff be directed to implement a 4-way stop at the intersection of Cochrane Street and Christine Elliott Avenue instead of the proposed roundabout included in Attachment #8 of PL 3-18; 3. That a Zoning By-law Amendment to implement the draft plan be brought forward for Council’s approval; 4. That Council appoint the firm of Williams and Stewart Associates Page 9 of 22 Regular Council Minutes January 29, 2018 - 7:00 PM as Control Architect for the recommended Draft Plan of Subdivision; 5. That the Crawford Polly House, municipally known as 380 Taunton Road West, be removed from the Town’s Heritage Register; 6. That the Mayor and Clerk be authorized to execute any necessary documents; 7. That the Region of Durham Commissioner of Planning be advised of Council’s Decision; and, 8. That the Clerk forward Notice to those parties and agencies who requested to be notified of Council’s decision.
Moved by Councillor Gleed, seconded by Councillor Roy
Carried
That the main motion be divided to consider Item 2 as a separate motion.
Moved by Councillor Leahy, seconded by Councillor Yamada
Lost
That Item 2 of the main motion be amended to read as follows: 2. That Staff be directed to implement a multi-way stop at the intersection of Cochrane Street and Christine Elliot Avenue instead of the proposed roundabout included in Attachment #8 of PL 3-18.
Moved by Councillor Roy, seconded by Councillor Gleed
Carried
1. That Council approve the Cedar City TFP Whitby Developments Inc. Draft Plan of Subdivision (File SW-2017-01) subject to the conditions of approval in Attachment #9 of Report Number PL 3- 18; 2. That Staff be directed to implement a multi-way stop at the intersection of Cochrane Street and Christine Elliott Avenue instead of the proposed roundabout included in Attachment #8 of PL 3-18; 3. That a Zoning By-law Amendment to implement the draft plan be brought forward for Council’s approval; 4. That Council appoint the firm of Williams and Stewart Associates as Control Architect for the recommended Draft Plan of Subdivision; 5. That the Crawford Polly House, municipally known as 380 Taunton Road West, be removed from the Town’s Heritage Register; 6. That the Mayor and Clerk be authorized to execute any necessary documents; 7. That the Region of Durham Commissioner of Planning be advised of Council’s Decision; and, 8. That the Clerk forward Notice to those parties and agencies who requested to be notified of Council’s decision.
Moved by Councillor Gleed, seconded by Councillor Roy
Carried
That Council endorse a letter of support (Attachment 1) to accompany Whitby MPP Lorne Coe’s Private Members Bill amending the Ontario Page 11 of 22 Regular Council Minutes January 29, 2018 - 7:00 PM Building Code to provide authority to Municipalities to require the installation of fire sprinklers in new residential construction.
Moved by Councillor Emm, seconded by Councillor Leahy
Carried
1. That Report CLK 01-18 be received for information; 2. That Councillor Leahy be appointed as the alternate member to represent the Town of Whitby at Regional Council in accordance with Section 268 of the Municipal Act; and, 3. That the Town Clerk be directed to advise the Regional Clerk of the appointment.
Moved by Councillor Yamada, seconded by Councillor Emm
Carried
1. That Council receive as information the Ethno-cultural and Diversity Advisory Committee of Council’s 2017 summary of activities and accomplishments; 2. That Council approve the Ethno-cultural and Diversity Advisory Committee of Council’s proposed 2018 Work Plan in principle, save and except Item 5.2 of the Work Plan (hosting Town Hall with Mayor and Council), which be
Moved by Councillor Emm, seconded by Councillor Leahy
Referred
1. That Community and Marketing Services Department Report CMS 02-18 regarding the Mayor’s Community Development Fund and the Performing Arts Community Development Fund be received as information; and, 2. That Council approve an ongoing annual grant from the Mayor’s Community Development Fund of $3,000 to the Brooklin Royal Canadian Legion Branch 152 and $3,000 to the Whitby Royal Canadian Legion Branch 112 to support community events including their New Year’s Levies and Remembrance Day Ceremonies.
Moved by Councillor Emm, seconded by Councillor Leahy
Carried
1. That Council approve the proposed Fees for Services and Activities provided and performed by the Public Works Department as outlined within Public Works Report PW 1-18; 2. That the Town Clerk be directed to bring forward a by-law to amend the Fees and Charges By-law to give effect to the recommendations contained in Report PW 1-18; 3. That the Town Clerk be directed to bring forward a by-law to amend the Waste Management By-law #5795-06 to remove the fees and place them in the Fees and Charges By-law in accordance with this report; 4. That the fees pertaining to the exemption of Noise By-law 6917- 14 be adopted as part of this report; and, 5. That the Haul Route Permit ≥ 500 m3 to CLOCA regulated area be omitted as a result of the repeal of Section 142(8) of the Municipal Act through Bill 68, Modernizing Ontario’s Municipal Legislation Act.
Moved by Councillor Emm, seconded by Councillor Leahy
Carried
1. That Report PW 4-18 is received as information; 2. That MD - 1300 and MD - 1973 be removed from the New and Unfinished Business listing; 3. That a copy of Report PW 4-18 be forwarded to the Durham Regional Police Service; and, 4. That Public Works staff report back on the effectiveness of the Scott Street trial with in-street flexible bollards to reduce vehicle speeds, as well as, other potential opportunities to reduce unlawful travel speeds on municipal roads.
Moved by Councillor Emm, seconded by Councillor Leahy
Carried
That Report PW 05-18 be received as information.
Moved by Councillor Emm, seconded by Councillor Leahy
Carried
1. The following 2018 Pre-Budget allocations are being recommended by the Public Works Department for Council’s approval: a. Project No. 1: That $80,000 be approved for the Lynde Creek Master Drainage Plan Update study to provide for a total budget of $230,000.00; b. Project No. 2: That $16,000 be approved for the Stormwater Management Facility Needs Study to provide for a total budget of $66,000. Seventy-five percent of the study cost is funded by the Federal and the Provincial governments as part of the Clean Water and Wastewater Fund grant program; c. Project No. 3: That $110,000 be approved for the Stormwater Quality and Erosion Control Enhancement Study. Seventy-five percent of the study cost is funded by the Federal and the Provincial governments as part of the Clean Water and Wastewater Fund grant program; and, 2. That the Commissioner of Corporate Services and Commissioner of Public Works be authorized to award Projects 1, 2 and 3, as per the current Purchasing Policy to the successful engineering consultants selected by the evaluation committee, provided the total value of each project does not exceed the budget by 10% or $10,000, whichever is greater; or the total value is not greater than $250,000. Page 15 of 22 Regular Council Minutes January 29, 2018 - 7:00 PM
Moved by Councillor Emm, seconded by Councillor Leahy
Carried
That a by-law be brought forward to authorize the temporary borrowing of an amount up to Fifteen Million dollars for cash flow purposes, if required, at any one time during the calendar year 2018.
Moved by Councillor Emm, seconded by Councillor Leahy
Carried
1. That Part 4, Plan 40R-29913, as shown on Attachment 1 to this report be declared surplus for the purpose of sale to the adjoining land owners, Erik Walchuk and Amanda Brown; 2. That the Town give public notice of its intention to sell the subject property by placing a one-time advertisement in the newspaper; 3. That provided no objection is received by the Town in connection with the proposed sale, a by-law be brought forward to authorize the sale of Part 4, Plan 40R-29913; 4. That in lieu of an appraisal specific to this property, that the value of the property be calculated based on a per square foot value based on recent sales; 5. That the Town acquire Part 5, Plan 40R-29913, as shown on Attachment 1 to this report from Erik Walchuk and Amanda Brown; 6. That a by-law be brought forward authorizing the acquisition of Part 5, Plan 40R-29913; and, Page 16 of 22 Regular Council Minutes January 29, 2018 - 7:00 PM 7. That the Mayor and Clerk be authorized to execute the necessary documents to give effect thereto.
Moved by Councillor Emm, seconded by Councillor Leahy
Carried
1. That Part of Lot A, Plan 70, as shown on Attachment 1 to this report be declared surplus for the purpose of sale to the adjoining land owner, Andrin Homes, subject to the conditions as set out in this report; 2. That the Town give public notice of its intention to sell the subject property by placing a one-time advertisement in the newspaper one time; 3. That provided no objection is received by the Town in connection with the proposed sale, and provided Andrin Homes enters into a satisfactory development agreement, a by-law be brought forward to authorize the sale of Part of Lot A, Plan 70; and, 4. That the Mayor and Clerk be authorized to execute the necessary documents to give effect thereto.
Moved by Councillor Emm, seconded by Councillor Leahy
Carried
1. That staff be directed to prepare a concept plan for a park to be located on the municipal lands along Whitby’s waterfront, with the park boundaries to include the Rowe House to the open space block at Brock and Front Streets; 2. That the park be named after former Whitby resident and Councillor Shirley Scott as permitted within the Municipal Page 17 of 22 Regular Council Minutes January 29, 2018 - 7:00 PM Property and Facility Naming Policy; 3. That the concept plan for the park be brought forward for Council’s consideration in Q2, 2018; and, 4. That the park be budgeted and planned for construction in 2019.
Moved by Councillor Emm, seconded by Councillor Leahy
Carried
That the Uninsured Claims and Legal Matters Policy appended as Attachment 1 to the memorandum from the Commissioner of Legal and By-law Services dated January 29, 2018, be approved.
Moved by Councillor Roy, seconded by Councillor Yamada
Carried
1. That Council endorse the proposed re-location and design Page 18 of 22 Regular Council Minutes January 29, 2018 - 7:00 PM concept for the Brooklin Cenotaph at the Brooklin Community Centre and Library; 2. That the project be funded by The Royal Canadian Legion Branch 152, and; 3. That Council provide a letter of support to the Government of Canada, Commemorative Partnership Program-Community War Memorial Program on behalf of The Royal Canadian Legion Branch 152 endorsing the Cenotaph re-location project to the Brooklin Community Centre and Library.
Moved by Councillor Gleed, seconded by Councillor Yamada
Carried Unanimously
That leave be granted to introduce By-law # 7354-18 to # 7364-18 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.
Moved by Councillor Leahy, seconded by Councillor Yamada
Carried
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 29, 2018 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.
Moved by Councillor Emm, seconded by Councillor Leahy
Carried
That the meeting adjourn.
Moved by Councillor Emm, seconded by Councillor Leahy
Carried

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