Regular Council Meeting

That the Regular Council Meeting agenda of December 16, 2024 be reordered to consider Item 7, Correspondence after consideration of Item 13, By-laws.

That the Regular Council Minutes of November 4, 2024 and the Special Council Minutes of November 4, 18, and 28, 2024 be approved.

That the proclamations for Kawasaki Disease Awareness Day and Durham Region Hospice Awareness Day, and the flag raisings for Bell Let's Talk Day and Durham Region Hospice Awareness Day be endorsed.

That Correspondence # 2024-734 received from Aird & Berlis LLP dated November 22, 2024 regarding Report on Closed Meeting Investigation 2024-01 be received for information.

That the main motion be amended by adding the following as Item 2: 2. That the Town Clerk be directed to develop a clause to be added to the Town of Whitby Procedure By-law that embodies the advice in clause 49 so that the advice is codified in our by-laws and serves as a reminder that private gatherings of a quorum of Council should never happen during the conduct of a Council meeting unless they are done in accordance with the permitted exceptions under section 239 of the Municipal Act, 2001 and that such amendment be brought forward to Council for consideration at a meeting of the Committee of the Whole at a date no later than June of 2025.

That the amendment to the main motion be further amended be adding the following as Item 3: 3. That the Clerk be directed to review the Procedure By-law to address the circumstances that result from disruptive behaviour as referenced in the report. Voters For Against Conflict Mayor Roy X Councillor Bozinovski X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Mulcahy X Councillor Shahid X Councillor Yamada X Results 8 0 0

That Council receive Correspondence # 2024-719 from Mayor Roy, dated December 4, 2024 regarding Appointment of Deputy Mayor 2025 for information; and, That Council confirm the appointment of Councillor Mulcahy as Deputy Mayor from January 1, 2025 to December 31, 2025. Voters For Against Conflict Councillor Leahy X Councillor Lee X Councillor Mulcahy X Mayor Roy X Councillor Shahid X Councillor Yamada X Councillor Lundquist X Councillor Bozinovski X Results 5 3 0

That the Memorandum from C. Harris, Town Clerk dated December 16, 2024 regarding Mayor’s Designates for Boards & Committees: January 1, 2025 to December 31, 2025, be received for information.

That Council approve an amendment to Zoning By-law # 1784 (File Number: Z-10-24) as outlined in Planning Report PDP 51-24; and, That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council.

That Council approve the Draft Plan of Subdivision (File Number: SW-2022-05), subject to the comments included in Report PDP 52-24 and the Conditions of Draft Plan Approval included in Attachment #9; That Staff be authorized to prepare a Subdivision Agreement; That Council approve the amendment to Zoning By-law #1784 (File Number: Z-16-22), and that a Zoning By-law Amendment be brought forward for consideration by Council; That John G. Williams Limited Architect be appointed as the Control Architect for the Draft Plan of Subdivision; 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 Council approve Amendment Number 141 to the Whitby Official Plan (File Number: OPA-2024-W/07), as shown on Attachment #8, and that a By-law to adopt Official Plan Amendment Number 141 be brought forward for consideration by Council; That the Clerk forward a copy of Planning Report PDP 53-24, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Amendment Number 141 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development; 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; and, That Council approve an amendment to Zoning By-law # 1784, (File Number: Z-07-24), as outlined in Report PDP 53-24.

That Council approve a Draft Plan of Subdivision (File Number: SW-2024-02), subject to the comments included in Report PDP 54-24 and the Conditions of Draft Plan Approval included in Attachment #9; That Staff be authorized to prepare a Subdivision Agreement; 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 Council approve an amendment to Zoning By-law 1784 (File Number: Z-09-24), as outlined in Report PDP 54-24; That a by-law to amend Zoning By-law 1784 be brought forward for consideration by Council at such time as the subdivision receives Draft Approval; and, That John G. Williams Limited Architect be appointed as the Control Architect for the Draft Plan of Subdivision.

That Council approve Amendment 143 to the Whitby Official Plan to permit up to 3 additional residential dwelling units on ground related residential properties in accordance with Attachment #1 to Report PDP 55-24, and that a by-law to adopt Amendment 143 be brought forward for Council’s consideration; That the Clerk forward a copy of Report PDP 55-24, two (2) copies of the adopted Amendment, and a copy of the By-law to Adopt Amendment 143 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development; That Zoning By-law Amendments to implement legislative directives of Bill 108 and Bill 23, as well as Council Resolution # 222-23 with respect to the Federal Housing Accelerator Fund (HAF) to permit up to 3 additional dwelling units on parcels of land occupied by ground related dwelling units as shown on Attachments 2, 3, and 4 to Report PDP 55-24 be brought forward for consideration by Council; and, That the Clerk forward a Notice of Council’s decision to those parties and agencies, including the Region of Durham’s Commissioner of Planning, that requested to be notified of Council’s decision.

That Report PDE 11-24 be received for information.

That Council approve the Heritage Permit Application requesting demolition of the existing dwelling at 114 Keith Street (HP-17-24), as supported by the Heritage Whitby Advisory Committee, and in accordance with Section 42 of the Ontario Heritage Act.

That Council mutually agree to the owner’s request for further 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 May 31, 2025.

That Report CMS 14-24 be received for information; and, That Council approve the implementation plan for providing municipal waste collection services at private townhomes and multi-residential locations as outlined in Staff Report CMS 14-24.

That Council approve the use of the proposed protocol for determining applicable commercial and industrial Town of Whitby development charges, as required.

Whereas municipalities face growing infrastructure needs, including roads, bridges, public transit, water systems, and other critical services, which are essential to community well-being and economic development; and, Whereas the current sources of municipal revenue, including property taxes and user fees, are insufficient to meet these increasing demands for infrastructure investment; and, Whereas the Province of Ontario currently collects the Land Transfer Tax (LTT) on property transactions in municipalities across the province, generating significant revenue that is not directly shared with municipalities; and, Whereas the Federal Government collects the Goods and Services Tax (GST) on property transactions, a portion of which could be directed to municipalities to address local infrastructure needs; and, Whereas redistributing a portion of the LTT and GST to municipalities would provide a predictable and sustainable source of funding for local infrastructure projects without creating a new tax burden on residents or homebuyers; and, Whereas a redistribution of a portion of the existing LTT and GST would allow municipalities to better plan and invest in long-term infrastructure initiatives, supporting local economic growth and improving the quality of life for residents. Now therefore, be it resolved: That the Council of the Town of Whitby formally requests the Provincial Government to consider redistributing a portion of the Land Transfer Tax collected on property transa

Whereas at a media appearance on October 25, 2024 Premier Ford fielded a question regarding the possibility of reducing or eliminating tolls on Highway 407 as an alternative to constructing a tunnel under Highway 401; and, Whereas in response to the question, Premier Ford indicated that he has requested that the Minister of Transportation review reducing or eliminating tolls on the provincially-owned portion of the highway, being Highway 407 East; and, Whereas Premier Ford further indicated that the Province would do a feasibility study regarding reducing or eliminating tolls on Highway 407 East and that any toll adjustments could be made quickly; and, Whereas the Get It Done Act, 2024 prohibits Ontario from introducing tolls on provincial highways; and, Whereas Highway 407 East is the only tolled provincially owned highway in Ontario, resulting in unfair economic impacts to Durham Region residents and businesses; and, Whereas the Council of the Town of Whitby has previously advocated for the removal of tolls on Highway 407 East through Resolution # 60-24 adopted at the March 18, 2024 Regular Council Meeting in order to boost economic development, improve travel times, and alleviate traffic impacts in Durham Region. Now therefore be it resolved: That the Council of the Town of Whitby requests that the Province of Ontario reduce or eliminate tolls on Highway 407 East from Brock Road in Pickering to Highway 35/115; and, That the Mayor be requested on behalf of Council, to autho

That the proclamations for 2025 outlined in the Memorandum from J. Romano, Commissioner, Community Services dated November 22, 2024, be endorsed.

That the memorandum from J. Romano, Commissioner of Community Services, dated December 2, 2024 regarding Community Connection Terms of Reference updates be received for information.

That Report CAO 23-24, Creative Communities Update, be received for information.

That Council approve and appoint the following members to the Whitby 55+ Recreation Advisory Committee effective January 1, 2025: Sharon Bagatto (term ending December 31, 2026); Jane Hilton (term ending December 31, 2026); Carol James (term ending December 31, 2025); Deborah Nanton (term ending December 31, 2025); Mary Poirier (term ending December 31, 2026); Joanne Smith (term ending December 31, 2026); and, Lise Watt (term ending December 31, 2026).

That a by-law be brought forward to allow for the Interim Tax Billing for the 2025 taxation year as outlined in Report FS 24-24.

That a by-law be brought forward to authorize external temporary borrowing of up to $68,925,000 from January 1, 2025, to September 30, 2025, and up to $34,463,000 between October 1, 2025, and December 31, 2025, if required for cash flow purposes.

That the amendments to Town Policy F 190 related to the sale or other disposition of land, as outlined in the Memorandum from F. Wong, Commissioner, Financial Services/Treasurer dated December 16, 2024 regarding Revised Amendments to Town Policy F 190 Related to the Disposition of Town-owned Property for Residential Development, be approved.

That Report LS 16-24 be received for information; and, That a by-law be brought forward to Council on December 16, 2024 to authorize the proposed Traffic By-law amendments substantively as shown in Attachment 1 to this Report LS 16-24.

That Council delegate authority on a temporary basis to the Commissioner of Legal and Enforcement Services/Town Solicitor to approve exemption requests to the Fence By-law beyond a 10% variance; and, That this delegated authority remain in place until such time as Staff can report back to Council to address questions on allowable exemptions, fees, and the process for considering Fence By-law exemption requests further to the referral at the December 2, 2024 Committee of the Whole meeting.

Whereas through Staff Report CMS 10-24, re Gateway Maintenance Program, Council considered options for the Town to maintain gateway features, columns or iron fences and elected to continue with the status quo to not maintain gateway features, columns or iron fencing located on regional or private property; and, Whereas there is the opportunity to establish a grant program whereby the Town could offset the costs associated with homeowners removing gateway and masonry features and columns located on private property; Now therefore be it resolved: That Staff be directed to report back on the opportunity for a grant program for homeowners to offset their costs of removing gateway and masonry features and columns located on private property prior to the introduction of the 2026 Strong Mayor Budget; and, That the Clerk be directed to send correspondence to the Regional Municipality of Durham requesting that Regional Council consider a program for the maintenance of masonry features and columns located on Regional property.

That leave be granted to introduce By-laws # 8127-24 to # 8143-24 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.

That Council move in-camera in accordance with Procedure By-law # 8081-24, 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.

That Council rise from the closed portion of the meeting.

That Council appoint the following individuals to the Accessibility Advisory Committee for the term ending November 14, 2026: Larry Brual Adam Lamplugh Michael Richards Marta Swirydowicz That Council appoint the following individuals to the Accessibility Advisory Committee for the term ending December 31, 2025: Elizabeth Bryant Magda Madsen Rony Mathew

That Council appoint Alex Van Camp to the Whitby Sustainability Advisory Committee for the term ending November 14, 2026.

That Council appoint Colin Goodwin and Jay White to the Road Watch Committee for the term ending November 14, 2026.

That Council appoint Will Ellis and Colleen Quinn-Joyce to the Spencer Community Centre Board of Directors for the term ending November 14, 2026.

That Council appoint Sonya Narendra, Afzal Shaffeeullah, Will Ellis, Tina Fung, Tapabrata Neogi, and Daniel Singh to the Community Connection Executive Committee for the term ending November 14, 2026.

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 December 16, 2024 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.

That the meeting adjourn.

That the amendment to the main motion be further amended be adding the following as Item 3: 3. That the Clerk be directed to review the Procedure By-law to address the circumstances that result from disruptive behaviour as referenced in the report. For Against Conflict Mayor Roy X Councillor Bozinovski X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Mulcahy X Councillor Shahid X Councillor Yamada X Results 8 0 0

The amendment, as amended, to add Items 2 and 3 to the main motion, was then before Council as follows: 2. That the Town Clerk be directed to develop a clause to be added to the Town of Whitby Procedure By-law that embodies the advice in clause 49 so that the advice is codified in our by-laws and serves as a reminder that private gatherings of a quorum of Council should never happen during the conduct of a Council meeting unless they are done in accordance with the permitted exceptions under section 239 of the Municipal Act, 2001 and that such amendment be brought forward to Council for consideration at a meeting of the Committee of the Whole at a date no later than June of 2025; and, 3. That the Clerk be directed to review the Procedure By-law to address the circumstances that result from disruptive behaviour as referenced in the report. For Against Conflict Mayor Roy X Councillor Bozinovski X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Mulcahy X Councillor Shahid X Councillor Yamada X Results 2 6 0

The main motion was then before Council as follows: That Correspondence # 2024-734 received from Aird & Berlis LLP dated November 22, 2024 regarding Report on Closed Meeting Investigation 2024-01 be received for information. For Against Conflict Mayor Roy X Councillor Bozinovski X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Mulcahy X Councillor Shahid X Councillor Yamada X Results 8 0 0

1. That Council receive Correspondence # 2024-719 from Mayor Roy, dated December 4, 2024 regarding Appointment of Deputy Mayor 2025 for information; and, 2. That Council confirm the appointment of Councillor Mulcahy as Deputy Mayor from January 1, 2025 to December 31, 2025. For Against Conflict Mayor Roy X Councillor Bozinovski X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Mulcahy X Councillor Shahid X Councillor Yamada X Results 5 3 0

1. That Council appoint the following individuals to the Accessibility Advisory Committee for the term ending November 14, 2026: a. Larry Brual b. Adam Lamplugh c. Michael Richards d. Marta Swirydowicz 2. That Council appoint the following individuals to the Accessibility Advisory Committee for the term ending December 31, 2025: a. Elizabeth Bryant b. Magda Madsen c. Rony Mathew