The Whitby Record

Regular Council Meeting

March 9, 2020

Who was there

Present (6): Chris Leahy, Steve Lee, Rhonda Mulcahy, Elizabeth Roy, Maleeha Shahid, Steve Yamada

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

Declared interests

Mayor Mitchellunder the Municipal Conflict of Interest Act regarding Item 7.14, Public Works Department Report, PW 04-20, Mid-Block Arterial Road - Study Update, as Mayor Mitchell and his family have an interest in 5455 Ashburn Road which has been identified in the report as an area for detailed design services

What was decided (36 motions)

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

That the Regular Council minutes of February 3, 2020 and the Special Council minutes of February 18, 2020, February 24, 2020 and March 2, 2020 be adopted.
Moved by Councillor Lee, seconded by Councillor Newman
Carried
That the proclamations for Pi Day of Giving to Ontario Tech University, National Poetry Month, Archives Awareness Month, the 75th Dutch Liberation Day - World War II, Girls Inc. Rights Week, Apraxia Awareness Day and National DeafBlind Awareness Month and the flag raising for the 75th Dutch Liberation Day - World War II be endorsed. Page 5 of 28 Regular Council Minutes March 09, 2020 - 7:00 PM
Moved by Councillor Newman, seconded by Councillor Leahy
Carried
That the Downtown Whitby Development Steering Committee's Annual Report be received for information.
Moved by Councillor Mulcahy, seconded by Councillor Roy
Carried
1. That Council approve the application for a Draft Plan of Condominium (CW-2019-02) subject to the comments included in Planning Report PL 7-20 and the conditions of draft plan approval included in Attachment #5; 2. That the Mayor and Clerk be authorized to execute the Condominium Agreement for the subject land; and, 3. That the Clerk advise the Commissioner of Planning at the Region of Durham of Council’s decision.
Moved by Councillor Mulcahy, seconded by Councillor Roy
Carried
1. That Council approve Zoning By-law Amendment Application (Z- 17-19) for the removal of the Holding (H) symbol; 2. That the Zoning By-law to remove the Holding (H) symbol be brought forward for Council’s consideration.
Moved by Councillor Mulcahy, seconded by Councillor Roy
Carried
1. That Council approve a proposed Zoning By-law Amendment (Application #Z-05-19) for the extension of a temporary use at 1632 Charles Street. The temporary use is for the continuation of a craft brewery (Town Brewery) for an additional three year period; 2. That the Zoning By-law Amendment be brought forward for Council’s consideration; and, 3. That the previous agreements between Town Brewery and The Town of Whitby be amended to correspond with the new by-law and any subsequent by-laws.
Moved by Councillor Mulcahy, seconded by Councillor Roy
Carried
1. That the Town of Whitby adopt a year-round comprehensive pilot program to demonstrate and assess the effectiveness of various traffic calming measures under all operating conditions at site specific locations throughout the Town; and, 2. That traffic calming measures include: a. speed bumps; b. passive traffic circles; and, c. road diets.
Moved by Councillor Leahy, seconded by Councillor Drumm
Carried
1. That Report PW 06-20 on the “Working Draft” of the Class Environmental Assessment (EA) Lynde Creek Master Drainage Plan Update (LCMDPU) 2019, be received for information; 2. That Staff further develop implementation plans and costs associated with the recommendations for inclusion into future work plans, DC Studies and budgets for Council’s consideration; Page 8 of 28 Regular Council Minutes March 09, 2020 - 7:00 PM 3. That Staff refine, as appropriate, finalize and file on Public Record the LCMDPU following receipt and inclusion of the updated Durham Region Climate Change Model which is expected to be released in March 2020; 4. That the “Working Draft” be made available for agency and stakeholder use until such time the Final Report is completed and successfully filed in accordance with the Municipal Class EA process; and, 5. That a copy of this report be forwarded to the Central Lake Ontario Conservation Authority (CLOCA) and Region of Durham.
Moved by Councillor Leahy, seconded by Councillor Drumm
Carried
1. That Council approve a committee name change from the Whitby Seniors’ Services Committee of Council to the Whitby 55+ Recreation Advisory Committee; 2. That the revised Terms of Reference for the 55+ Recreation Advisory Committee appended as Attachment 1 be adopted; and, 3. That Council approve and appoint the following members to the Whitby 55+ Recreation Advisory Committee for a period of one year ending December 31, 2020: • Shirley Barnes; • Jackie Brown; • Mike Brown; Page 9 of 28 Regular Council Minutes March 09, 2020 - 7:00 PM • Moya Bugelli; • Roger Caughell; • Carol James; • Tom McNown; • Bob Toyama; and, • Patricia Turrell.
Moved by Councillor Leahy, seconded by Councillor Drumm
Carried
Whereas the Seniors’ Van Service was discontinued in February 2019; and, Whereas seniors in the community require affordable and accessible transportation options to access the Seniors’ Activity Centre. Now Therefore be it Resolved: 1. That Staff be directed to investigate, consult with the Seniors’ Services Committee, and report to Council regarding the feasibility of a public-private partnership with transportation providers with a view to establishing subsidized transportation options to the Seniors’ Activity Centre; and, 2. That all of the money received from the sale of the Seniors’ Van in the amount of $34,665 be used exclusively to finance travel by seniors for their travel to and from programs and services provided through the Senior’s Activity Centre (55+ Recreation Centre).
Moved by Councillor Leahy, seconded by Councillor Drumm
Carried
That the main motion be divided to consider Items 1 and 2 as separate motions.
Moved by Councillor Roy, seconded by Councillor Leahy
Carried
That Item 2 of the main motion be amended to read as follows: That all of the money received from the sale of the Seniors’ Van in the amount of $34,665 be used exclusively for the Seniors' Activity Centre (55+ Recreation Centre) to be determined through the 55+ Recreation Advisory Committee of Council.
Moved by Councillor Roy, seconded by Councillor Mulcahy
Carried
That the amendment to Item 2 moved by Councillor Roy be further amended to add the following after 'Council': 'be held until such time as Staff Report back per Item 1.'
Moved by Councillor Newman, seconded by Councillor Leahy
Carried
Page 12 of 28 Regular Council Minutes March 09, 2020 - 7:00 PM That all of the money received from the sale of the Seniors’ Van in the amount of $34,665 be used exclusively for the Seniors' Activity Centre (55+ Recreation Centre) to be determined through the 55+ Recreation Advisory Committee of Council be held until such time as Staff Report back per Item 1 (see Resolution #39-20).
Moved by Councillor Leahy, seconded by Councillor Drumm
Carried
That Staff be directed to investigate, consult with the Seniors’ Services Committee, and report to Council regarding the feasibility of a public- private partnership with transportation providers with a view to establishing subsidized transportation options to the Seniors’ Activity Centre.
Moved by Councillor Leahy, seconded by Councillor Drumm
Carried Unanimously
Whereas the Town of Whitby has declared a climate emergency for the purposes of deepening our commitment to protecting our economy, our ecosystems and our communities from climate change; Whereas the transportation sector represents the largest source of greenhouse gas emissions across Durham region, and a significant portion of municipal corporate emissions; Whereas electric and hybrid vehicles along with other low carbon vehicle technologies provide proven means to reduce transportation related emissions; and, Whereas, in response to the climate emergency declaration, Council has endorsed the Durham Community Energy Plan that includes targets to reduce greenhouse gas emissions. Now therefore be it resolved: 1. That Staff be directed to develop, as part of the overall Fleet Master Plan, a comprehensive Low Carbon Fleet Strategy: a. To review potential opportunities for utilization of low carbon vehicle technologies, including the potential for electrification of the fleet where appropriate, across all corporate operational areas; b. To develop and recommend a plan to guide investments in new and replacement fleet vehicles and equipment from 2021 to 2030, including any facility upgrading and/or retrofitting required to accommodate low carbon fueling options for the Town’s fleet, with consideration of full life cycle emissions and costs. 2. That financing for any external support to undertake this strategy will be provided at the discretion of the Commissioner of Corporate Ser
Moved by Councillor Leahy, seconded by Councillor Drumm
Carried
Whereas transportation is the second largest source of greenhouse gas emissions in Canada and accounts for a quarter of Canada's total greenhouse gas emissions; Whereas almost half of transportation related greenhouse gas emissions come from cars and light trucks; Whereas the Town of Whitby has declared a climate emergency for the purposes of deepening our commitment to protecting our economy, our ecosystems and our communities from climate change; Whereas electric vehicles provide proven means to reduce transportation related emissions; and, Whereas sales of electric vehicles in Ontario have plummeted by more that 50 percent since the elimination of the Provincial electric vehicle rebate program in June 2018. Now therefore be it resolved: 1. That the Council of the Town of Whitby requests that the Provincial Government re-establish an electric vehicle rebate program to encourage consumers to purchase zero emissions vehicles; and, 2. That a copy of this resolution be sent to the Minister of Transportation, the Minister of the Environment, Conservation and Parks, the Minister of Finance, the local M.P.P., the local M.P., and Durham Region municipalities.
Moved by Councillor Leahy, seconded by Councillor Drumm
Carried
That the correspondence received from Van Horne Outdoor regarding the Canadian Pacific Railways Bridge Enhancement and Modernization Program be
Moved by Councillor Leahy, seconded by Councillor Drumm
Referred
Page 16 of 28 Regular Council Minutes March 09, 2020 - 7:00 PM 1. That the Downtown Whitby Business Improvement Area (BIA) budget in the amount of $295,500.00 be approved; 2. That the Commissioner of Corporate Services/Treasurer be directed bring forward a BIA tax levy by- law of $180,500.00; 3. That the Commissioner of Corporate Services/Treasurer be directed to report back on the development of a policy to deal with grant and in-kind requests, including predetermined criteria and scoring, in order to ensure grants are based on needs and targeted outcomes; 4. That Council reconsider the BIA's request for an additional in-kind contribution of $5000, for a total in-kind contribution from the Town of $10,000 in 2020, at such time as the Commissioner of Corporate Services/Treasurer reports on a policy to deal with grant and in-kind requests in June 2020; and, 5. That the Commissioner of Corporate Services/Treasurer be directed develop a revised payment schedule to the BIA after Council has approved a BIA budget for 2020.
Moved by Councillor Leahy, seconded by Councillor Drumm
Carried
That the main motion be divided to consider Item 4 as a separate motion.
Moved by Councillor Lee, seconded by Councillor Shahid
Carried
That Council reconsider the BIA's request for an additional in-kind contribution of $5000, for a total in-kind contribution from the Town of $10,000 in 2020, at such time as the Commissioner of Corporate Services/Treasurer reports on a policy to deal with grant and in-kind requests in June 2020
Moved by Councillor Leahy, seconded by Councillor Drumm
Lost
1. That the Downtown Whitby Business Improvement Area (BIA) budget in the amount of $295,500.00 be approved; 2. That the Commissioner of Corporate Services/Treasurer be directed bring forward a BIA tax levy by- law of $180,500.00; 3. That the Commissioner of Corporate Services/Treasurer be directed to report back on the development of a policy to deal with grant and in-kind requests, including predetermined criteria and scoring, in order to ensure grants are based on needs and targeted outcomes; and, 4. That the Commissioner of Corporate Services/Treasurer be directed develop a revised payment schedule to the BIA after Council has approved a BIA budget for 2020.
Moved by Councillor Leahy, seconded by Councillor Drumm
Carried
1. That Report CAO 04-20 be received as information; and, 2. That the Clerk forward a copy of Staff Report CAO 04-20 to the Region of Durham’s Planning and Economic Development Department, the Whitby Chamber of Commerce and the Downtown Whitby Business Improvement Area.
Moved by Councillor Leahy, seconded by Councillor Drumm
Carried
1. That Report CAO 05-20 be received as information; 2. That the Clerk forward a copy of Staff Report CAO 05-20 to the Region of Durham's Sustainability Division; and, 3. That the New and Unfinished Business List for General Government be updated by removing Item MD-4968, as the Annual Report provides an update to Item MD-4968.
Moved by Councillor Leahy, seconded by Councillor Drumm
Carried
1. That staff be authorized to negotiate directly with Iron Mountain to enter into a contract for records storage services; and, 2. That the Commissioner of Corporate Services/Treasurer be authorized to award a 15 year contract to Iron Mountain through the Provincial Vendor of Record agreement for services to be provided from 2020 to July 2034.
Moved by Councillor Leahy, seconded by Councillor Drumm
Carried
That Report PW 3-20 regarding the Brock Street North Environmental Assessment Study be received for information.
Moved by Councillor Leahy, seconded by Councillor Drumm
Carried
Page 20 of 28 Regular Council Minutes March 09, 2020 - 7:00 PM 1. That Public Works Report PW 4-20 Mid-Block Arterial Roadway – Study Update be received for Information; 2. That Community Open House No. 2 for the Mid-Block Arterial Roadway be held in April 2020; 3. That Winash Developments Limited, in partnership with the Public Works Department begin working on a Detailed Design Request for Proposal for Phase I of the Mid-Block Arterial Roadway between Ashburn Road to the east side of Baldwin Street, and that Detailed Design commence in the summer of 2020; 4. That the Town of Whitby enter into a subdivision agreement with Winash Developments Limited to undertake the Detailed Design for Phase I of the Mid-Block Arterial; and, 5. That the Public Works Department continue to provide Council with updates at key milestones throughout the Project.
Moved by Councillor Leahy, seconded by Councillor Mulcahy
Carried
1. That Report PW 8-20 regarding the Autonomous Vehicle Pilot Project be received as information; 2. That staff continue to work with SmartCone, Durham Region Transit (DRT) and the other project partners on the education and communications plan associated with the Pilot Project; 3. That staff undertake the necessary minor road maintenance, pavement markings, signage and monitoring activities to support the Pilot Project; 4. That staff are authorized and directed to negotiate the terms of an Page 21 of 28 Regular Council Minutes March 09, 2020 - 7:00 PM agreement with SmartCone and DRT/Durham Region in order to address the details, goals, and responsibilities of the Pilot Project as outlined in Report PW 8-20, and that the Mayor and Town Clerk be authorized to execute such agreement and other documents necessary to give effect to same; 5. That staff provide a further status update to Council in April 2020 (prior to the implementation of the project) to address temporary parking restrictions and stop control requirements and applicable By-Law amendment; and, 6. That a copy of Report PW 8-20 be provided to SmartCone, DRT and the other project partners. That a copy of Report PW 8-20 be provided to SmartCone, DRT and the other project partners.
Moved by Councillor Leahy, seconded by Councillor Drumm
Carried
1. That the Town of Whitby accept the low bid as submitted by J.J. McGuire General Contractors Inc. in the amount of $1,033,400.00 (plus applicable taxes) for all labour, materials, equipment and supervision necessary to complete the Fire Hall 2 Renovations and Expansion Project as required by the Town of Whitby; 2. That the total Project cost of $1,332,041.84 be approved; 3. That the Treasurer be authorized to draw on reserve/reserve funds as required to address the budget overage; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.
Moved by Councillor Leahy, seconded by Councillor Drumm
Carried
That the recommendations contained within the Confidential Public Works Department, Office of the Chief Administrative Officer, and Corporate Services Department Joint Report, PW 7-20, be adopted.
Moved by Councillor Leahy, seconded by Councillor Drumm
Carried
Whereas the Town of Whitby Council has declared a climate change emergency; and, Whereas the province of Ontario is experiencing the impacts of climate change due to increases in the severity of wildfires, floods, and tornadoes, to name a few. Now therefore be it resolved: 1. That the Town of Whitby requests that the Province of Ontario to strike a select committee on climate change with representation from all parties to immediately develop comprehensive provincial strategies to reduce emissions and an action plan to address climate change-related threats to Ontario’s environment, society and economy; and, 2. This motion be sent to Minister Yurek, The Leader of the Opposition Andrea Horwath, Liberal Party Leader Steven Del Duca, Green Party Leader Mike Schreiner, and all other Durham Region MPPs.
Moved by Councillor Leahy, seconded by Councillor Drumm
Carried
That the main motion be
Moved by Councillor Leahy, seconded by Councillor Newman
Tabled
1. That the proposed Investment Policy Statement F 100 (Attachment 1 to Report CS 15-20) be approved; 2. That staff be directed to bring forward the Prudent Investor Authorizing By-law (being By-law # 7607-20) for Council approval; 3. That after the ONE Joint Investment Board Agreement has been executed by the ONE Joint Investment Board and all of the Founding Member Municipalities, staff be directed to bring forward the Prudent Investor Enabling By-law for Council approval, in order to provide the final authority for the Town’s long term investments to be managed under the prudent investment regime pursuant to O. Reg. 438/97, as amended; and 4. That Items MD-4894 and MD-5127 be removed from the New and Unfinished Business list.
Moved by Councillor Drumm, seconded by Councillor Leahy
Carried
That leave be granted to introduce By-laws # 7605-20 to # 7615-20 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 Newman
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 March 9, 2020 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 Yamada, seconded by Councillor Shahid
Carried
That the meeting adjourn.
Moved by Councillor Shahid, seconded by Councillor Lee
Carried

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