Committee of the Whole

That the Memorandum from T. Painchaud, Sr. Manager, Transportation Services, dated January 22, 2024 re: Port Whitby Traffic Considerations, be received for information.

That Council support the request from Van Horne Outdoors and AllVision to permit digital billboards on three railway bridges; and, That staff be authorized to enter into the necessary agreement substantially as outlined in Report PDP 04-24, and to the satisfaction of the Town Solicitor, and prepare amendments to Permanent Sign By-law #7379-18, to be brought forward for Council’s consideration.

That Council approve an amendment to Zoning By-law No. 1784 (File No. Z-08-23), as outlined in Planning Report PDP 05-24; and, That a By-law to amend Zoning By-law No. 1784 be brought forward for consideration by Council at the March 18, 2024 Council Meeting. Note: The disposition of this matter, Item 5.4.2, was determined through the deferral motion below. Recommendation: Moved by Councillor Yamada That consideration of Staff Report PDP 05-24 be

That the Committee take a brief recess.

That Council mutually agree to the owner’s request for an extension of the 90-day deadline under Section 29(8) of the Ontario Heritage Act and Section 1(2) 1. of Ontario Regulation 385/21, for passing the Part IV Heritage Designation By-law for the portion of the property containing the Mayfield House, located at 780 Garden Street in Whitby; and, That the extension be in effect until December 31, 2024.

That Council approve the Draft Plan of Subdivision (File No. SW-2021-04) and approve an amendment to Zoning By-law #1784 (Z-09-21), subject to the comments included in Planning Report PDP-08-24 and the Conditions of Draft Approval included in Attachment #10; That Staff be authorized to prepare a Subdivision Agreement; That a Zoning By-law Amendment be brought forward for consideration by Council; That the Region of Durham Commissioner of Planning and Economic Development be advised of Council’s decision; That Williams and Stewart Associates Ltd. be appointed as the Control Architect for the Draft Plan of Subdivision; and, That the Clerk forward a Notice to those parties and agencies that requested to be notified of Council’s decision.

That Council approve Amendment 133 to the Whitby Official Plan, regarding the updated Whitby Official Plan and Secondary Plans, as shown on Attachment #1 to Planning and Development Report PDP 09-24, and that a by-law to adopt Amendment 133 be brought forward for Council’s consideration; That the Clerk forward a copy of Planning of Planning and Development Report PDP 09-24, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Amendment 133 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development; and, That the Clerk send a Notice of Council’s decision regarding adoption of Amendment 133 to those persons and agencies who have requested further notification, including the Region of Durham’s Commissioner of Planning and Economic Development.

That Council approve Amendment Number 134 to the Whitby Official Plan (File: OPA-2022-W/04), as shown on Attachment #7, and that a By-law to adopt Official Plan Amendment Number 134 be brought forward for consideration by Council; That the Clerk forward a copy of Planning Report PDP 10-24, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Amendment Number 134 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development; That Council approve an amendment to Zoning By-law # 2585, (File: Z-22-22), as outlined in Planning Report No. PDP 10-24; That a by-law to amend Zoning By-law # 2585 be brought forward for consideration by Council upon Site Plan approval by the Commissioner of Planning and Development; and, That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision, including the Region of Durham’s Commissioner of Planning and Economic Development.

That in accordance with the Town’s Procedure By-law, the Committee of the Whole meeting continue to go past 11:00 p.m.

That Council approve and appoint the following members to the Whitby 55+ Recreation Advisory Committee effective immediately for a term ending December 31, 2025: Lena Ebrekdjan Lynda Kruitz Susan Lythgoe

That Council direct staff to negotiate and enter into an assignment and assumption agreement with Victorian Order of Nurses Durham Region Community Corporation (“VON”) and Hospice Whitby to provide consent to the assignment and transfer of title of the lands legally described as Part Block K, Plan M1133, designated as Part 2 on Plan 40R-30532, Town of Whitby, being all of PIN 26515-0401 (LT) (the “Property”) to Hospice Whitby; That Council direct staff to alter the condition in the Right of First Refusal Agreement so that the owner would only be required to offer the Property back to the Town if construction of the hospice does not commence by December 31, 2024, to the satisfaction of the Commissioner of Legal and Enforcement Services/Town Solicitor, or designate; That the Commissioner of Legal and Enforcement Services/Town Solicitor, or designate, be directed to register the Assignment and Assumption Agreement and/or Right of First Refusal Agreement on title to the Property, as required; and, That the Commissioner of Legal and Enforcement Services/Town Solicitor and Commissioner of Financial Services and Treasurer be authorized to take all actions and execute all documents necessary to give effect thereto.

That Item 2 of the main motion be amended to read as follows: 2. That Council direct staff to alter the condition in the Right of First Refusal Agreement so that the owner would only be required to offer the Property back to the Town if construction of the hospice does not commence within a reasonable timeframe, such timeframe to be determined at the discretion of the Commissioner of Legal and Enforcement Services/Town Solicitor, or designate, and that the Commissioner of Legal and Enforcement Services/Town Solicitor and the Commissioner of Financial Services/Treasurer be authorized to take all actions and execute all documents necessary to give effect thereto.

That the Clerk be directed to undertake a comprehensive review of the Procedure By-law and report to Council prior to summer recess 2024 with recommended amendments based on an environmental scan of comparator municipalities and consultation with Members of Council; and, That the procedural matters to review include but not be limited to Council remuneration, appointments to advisory boards and committees, assigned seating in Council Chambers, delegations, meeting start and end times, notices of motion, speaking limits, and the appointment of a Deputy Mayor, with the goal of addressing meeting efficiency and enhancing public participation.

That the Item 2 of the main motion be amended to read as follows: 2. That the procedural matters to review include but not be limited to delegations, meeting start and end times, notices of motion, and speaking limits, and shall not include review of the appointment of a Deputy Mayor.

That the meeting adjourn.

That consideration of Staff Report PDP 05-24 be