Regular Council Meeting

That the Regular Council Minutes of October 2, 2023, and the Special Council Minutes of October 3, October 30, November 6, and November 15, 2023 be approved.

That the proclamations for Giving Tuesday and Salvation Army Week and the flag raisings for Giving Tuesday and Salvation Army Week be endorsed.

Whereas the Durham Meadoway project, currently led by the Region of Durham, proposes a 35-kilometre active transportation corridor and linear park from Rouge National Urban Park at the Durham/Toronto Boundary to Harmony Road in Oshawa, located partially within the Gatineau transmission corridor and includes lands in the Town of Whitby; and, Whereas the Durham Meadoway Visioning Study sets the overall vision and framework for this new active transportation corridor, identifying connections to the surrounding communities and types of experiences, amenities and gateways that can be achieved along the proposed multi-use path; and, Whereas the Visioning Study sets the first stage of planning for the Durham Meadoway project, which is an important yet initial step in the process; and, Whereas the Region of Durham supports a coordinated approach to advance the Durham Meadoway multi-use path component of the project to construction in the next five to seven years, allowing for the Durham Meadoway to connect end-to-end; and, Whereas advancing the design of the Durham Meadoway project has the potential to open up future funding opportunities from federal and provincial levels of government, as well as private or non-profit sources; and, Whereas the next stage of planning involves further design work to set a preliminary alignment for the multi-use path and defined locations for nearby amenities and gateways along the route, both within transmission corridor lands as well as other public

That Council approve the amendment to Zoning By-law # 1784, (File No. Z-05-23), as outlined in Planning Report No. PDP 39-23; That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council; 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 the proposed amendment to Traffic By-law 1862-85, to incorporate the changes to Schedule “B” and Schedule “W” of the By-law, as identified in Attachment No. 2; That a By-law to amend the Traffic By-law 1862-85 be brought forward for the consideration of Council; and, That Council direct the Clerk to provide a copy of Report PDE 13-23 to the Durham Regional Police Service (DRPS).

That a Notice of Intention to Designate the property identified as the Mayfield House, located at 780 Garden Street in Whitby, be published per section 29 (1.1) of the Ontario Heritage Act, R.S.O. 1990 c. O.18, as amended; That, after the 30-day Objection period has passed per Section 29 (6) of the Ontario Heritage Act, Council consider passing a by-law designating the property under Part IV, Section 29 of the Ontario Heritage Act; and, That, after the passing of the by-law, if no appeals to the Tribunal are received during the 30-day appeal period per Section 29 (12) of the Ontario Heritage Act, and the designation by-law comes into full force and effect under Part IV of the Ontario Heritage Act, that a commemorative plaque be installed in a form and location to the satisfaction of the Senior Manager, Policy & Heritage Planning, or designate.

That Report FS 28-23, which outlines procurement awards $250,000.00 and above for second quarter of 2023, be received as information.

That further to By-law #7241-17 authorizing the use of optical scan vote tabulators for municipal elections in the Town of Whitby, Council hereby reaffirms the use of vote tabulators for the 2026 Municipal Election; That Council hereby authorizes an alternative voting option of Special Mail-in Ballots for the 2026 Municipal Election and directs the Clerk to bring forward the necessary by-law; and That the revised cost estimate for the 2026 Municipal Election, in the amount of $710,000, be approved with annual operating budget funding increasing from $160,000 per year to $195,000 starting in 2025.

Whereas West Whitby is rapidly growing and is projected to be home to an additional 26,000 residents. Currently, the West Whitby area that borders Highway 412 has no elementary or secondary school; and, Whereas students from West Whitby are currently attending nine (9) “holding schools” and 41 portables are being used to accommodate the growth in students from West Whitby; and, Whereas student enrollment in Whitby exceeds the capacity to offer quality education in an appropriate learning environment; and, Whereas there is currently no capital funding approval for construction of a school in West Whitby, with the Durham District School Board (DDSB) being unsuccessful in securing the funds needed to begin construction over the last two funding cycles despite the Board naming this a priority project; and, Whereas this remains a priority project for the DDSB and for the residents who want their children to be able to attend schools that support their children’s academic success and their sense of connection to the community. Now Therefore be it Resolved: That the Town of Whitby Council supports the Durham District School Board in its priority request for funding to build schools in West Whitby in order to accommodate the growth in that community and subsequent increase in student enrolments; and, That a copy of this resolution be shared with the Minister and Deputy Minister of Education and all Durham MPPs to express the urgent need for an elementary school in West Whitby and urg

That Report CAO 28-23 be received for information; and, That, pursuant to section 107(2) of the Municipal Act, 2001, Council authorize staff to enter into a lease agreement with Feed the Need to deliver a market model food bank at Iroquois Park Sports Centre upon terms satisfactory to the Director, Strategic Initiatives, and the Commissioners of Financial Services/Treasurer, Community Services and Legal and Enforcement Services/Town Solicitor.

That staff be directed to issue a Request for Proposal (RFP) that would lead to the leasing of the Rowe House as a food and beverage space; That staff enter negotiations with the respondents to the RFP and report back to Council with the results of those negotiations for approval by Council; and, That a 2023 capital project for “Rowe House Repairs” be established, in the amount of $400,000, funded from the Asset Management Reserve Fund to complete works outlined in Staff Report CMS 09-23. Note: See following motions Moved by Councillor Yamada Seconded by Councillor Leahy That Item 1 of the motion be amended as follows: That staff be directed to issue a Request for Proposal (RFP) that would lead to the leasing of the Rowe House in a manner that supports boaters and marina users; Note: The disposition of Items 1 and 2 of the main motion were determined through the referral motion below. Moved by Councillor Yamada Seconded by Councillor Leahy That the motion be divided to consider Items 1 and 2 as a separate motion from Item 3.

That a 2023 capital project for “Rowe House Repairs” be established, in the amount of $400,000, funded from the Asset Management Reserve Fund to complete works outlined in Staff Report CMS 09-23.

That Items 1 and 2 of the main motion be

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)(b) personal matters about an identifiable individual, including municipal or local board employees, and (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

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 December 31, 2024: Larry Brual Anisa Capener Colleen Haley Adam Lamplugh

That Council appoint the following individuals to the Sustainability Advisory Committee for the remainder of the 2022-2026 term: Bob Willard Zartasha Zainab

That the Confidential Memorandum from F. Santaguida, Commissioner of Legal and Enforcement Services/Town Solicitor and B. Harasym, Associate Solicitor, dated September 15, 2023 regarding Research and Advice related to an Interim Control By-law be received for information.

Whereas Council wishes to ensure that the Town’s Zoning Bylaw and Official Plan contain appropriate policies and standards to ensure that new low barrier shelters and/or transitional housing located within the Town are appropriately located, planned, and that it is understood what polices and measures need to be in place to mitigate impacts on surrounding communities; and, Now Therefore be it Resolved: That the Commissioner of Planning and Development be directed to: Retain any consultants deemed to be necessary to undertake, on an expedited basis, a study to examine the land use policies in the Town’s Official Plan and Town’s Zoning Bylaw, related to new low barrier shelters and/or transitional housing to identify their ideal locations within the Town and any policies to mitigate impacts on surrounding communities, excluding the lands identified on Schedule “A” to By-law # 7699-20 and on Schedule “A” to By-law # 7700-20. The said study shall provide advice with respect to: changes to the Town’s Official Plan policies to identify the ideal locations for new low barrier shelters and/or transitional housing within the Town and any policies to mitigate impacts on surrounding communities; changes to the Town’s Zoning By-law to identify the ideal locations for new low barrier shelters and/or transitional housing within the Town and any policies to mitigate impacts on surrounding communities; appropriate strategies to reduce the impacts of new low barrier shelters and/or transition

That the motion for the previous question be called. Voters For Against Conflict Councillor Leahy X Councillor Lee X Councillor Mulcahy X Mayor Roy X Councillor Shahid X Councillor Yamada X Councillor Cardwell X Councillor Lundquist X Councillor Bozinovski X Results 6 3 0

Whereas the Regional Municipality of Durham (the “ Region ”) has purchased the former Sunnycrest Nursing Home property at the municipal address 1635 Dundas Street East in the Town of Whitby (“ 1635 Dundas Street ”); and, Whereas the Region has proposed that a low-barrier shelter with a maximum of 45 spaces for persons experiencing homelessness be constructed at 1635 Dundas Street; and, Whereas members of the surrounding neighbourhood and community have expressed concerns about the potential for a low-barrier shelter located at 1635 Dundas Street; and, Whereas a motion was submitted to the Town of Whitby’s (the “ Town ”) Committee of the Whole for its meeting on September 25, 2023 as Agenda Item 5.5.2 to consider a Town-wide interim control by-law to determine appropriate policies, measures and locations for potential low barrier shelters and/or transitional housing within the Town; and, Whereas the Region submitted Correspondence # 2023-438 from E. Baxter-Trahair, Chief Administrative Officer for the Region, proposing an agreement between the Town and the Region with respect to the use of the proposed low-barrier shelter and future housing and other uses at 1635 Dundas Street; and, Whereas at its meeting on September 25, 2023, the Town’s Committee of the Whole

That leave be granted to introduce By-laws # 8029-23 to # 8030-23 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 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 November 27, 2023 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 motion be divided to consider Items 1 and 2 as a separate motion from Item 3.

That Council appoint the following individuals to the Accessibility Advisory Committee for the term ending December 31, 2024: 1. Larry Brual 2. Anisa Capener 3. Colleen Haley 4. Adam Lamplugh

That the motion for the previous question be called. For Against Conflict Mayor Roy X Councillor Bozinovski X Councillor Cardwell X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Mulcahy X Councillor Shahid X Councillor Yamada X Results 6 3 0