The Whitby Record

Committee of the Whole

November 15, 2021

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.

What was decided (15 motions)

14 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.

1. That Report PL 71-21 be endorsed as the Town’s comments on the Region of Durham’s Land Needs Assessment Technical Reports (Region of Durham File: D12-01); and, 2. That the Clerk forward a copy of Report PL 71-21 to the Durham Region Planning and Economic Development Department and the Durham area municipalities.
Moved by Councillor Leahy
Carried
That Item 1 of the main motion be amended to read as follows: That Report PL 71-21 be endorsed as the Town’s comments on the Region of Durham’s Land Needs Assessment Technical Reports (Region of Durham File: D12-01) save and except that CNR-06, as identified in the Employment Strategy Technical Report by Watson and Associates and Urban Strategies Inc., be recommended for land conversion.
Moved by Councillor Leahy
Carried
That the main motion be amended by including a new Item 2 and that the remaining item be renumbered accordingly. 2. That the Town of Whitby recommends that the overall housing mix for new development in Durham Region be based on the projections developed by Hemson Consulting as the basis of the growth plan projections to 2051.
Moved by Mayor Mitchell
Carried
1. That Report PL 71-21 be endorsed as the Town’s comments on the Region of Durham’s Land Needs Assessment Technical Reports (Region of Durham File: D12-01) save and except that CNR-06, as identified in the Employment Strategy Technical Report by Watson and Associates and Urban Strategies Inc., be recommended for land conversion; 2. That the Town of Whitby recommends that the overall housing mix for new development in Durham Region be based on the projections developed by Hemson Consulting as the basis of the growth plan projections to 2051; and, 3. That the Clerk forward a copy of Report PL 71-21 to the Durham Region Planning and Economic Development Department and the Durham area municipalities.
Moved by Councillor Leahy
Carried
1. That Council approve the application for a Draft Plan of Condominium (CW-2021-04), subject to the comments included in Planning Report PL 68-21 and the conditions of draft plan approval included in Attachment # 4; 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 and Economic Development, at the Region of Durham, of Council’s decision.
Moved by Councillor Newman
Carried
1. That Council approve the Draft Plan of Subdivision (File Number: SW-2020-05), subject to the comments included in Planning Report PL 69-21 and the conditions of draft plan approval included in Attachment # 10; 2. That Staff be authorized to prepare a Subdivision Agreement; 3. That the Region of Durham Commissioner of Planning and Economic Development be advised of Council’s decision; 4. That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision; 5. That Council approve an amendment to Zoning By-law # 1784, (File Number: Z-10-20) as outlined in Planning Report PL 69-21; and, 6. That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council.
Moved by Councillor Mulcahy
Carried
1. That Council approve the Site Plan for a Rogers telecommunication tower at 3500 Brock Street North (Application SP-21-19), subject to the conditions of approval set out in Attachment #10 of Planning Report PL 70-21; and, 2. That the proponent and property owner enter into a Letter of Undertaking with the Town.
Moved by Councillor Newman
Carried
1. That Council approve the Draft Plan of Subdivision (File Number: SW-2020-04) subject to the comments included in Planning Report PL 73-21 and the Conditions of Draft Approval included in Attachment # 10; 2. That Staff be authorized to prepare a Subdivision Agreement; 3. That the Region of Durham Commissioner of Planning and Development be advised of Council’s decision; 4. That Williams and Stewart Associates Ltd. be appointed as the Control Architect for the Draft Plan of Subdivision; 5. That the Clerk forward a Notice to those parties and agencies that requested to be notified of Council’s decision; 6. That Council approve an amendment to Zoning By-law 1784 (File Number: Z-09-20), as outlined in Planning Report PL 73-21; and, 7. That a by-law to amend Zoning By-law 1784 be brought forward for consideration by Council.
Moved by Councillor Lee
Carried
That Item 9.1, CAO 26-21, be
Moved by Councillor Newman
Referred
1. That Report CAO 27-21 be received for information; 2. That the Town enter into a one year Memorandum of Understanding with the Ontario Musician’s Co-Operative Inc. (operating as the Canadian Musicians Co-operative) effective January 1, 2022 to January 1, 2023; and, 3. That Council provide an exemption to the Public Nuisance By-law # 6714-13 for the duration of the Memorandum of Understanding Page 13 of 18 Committee of the Whole Minutes November 15, 2021 - 7:00 PM with respect to the ability for Canadian Musicians Co-operative Performers to be able to receive a voluntary gratuity as part of the program.
Moved by Councillor Mulcahy
Carried
1. That Council approve the Lease Renewal Agreement between the Town of Whitby and the Okanagan Hockey Group for the meeting space in the upper mezzanine of Iroquois Park Sports Centre and the addition of the exclusive use of Suite A on Pad 1 from August 2021 to July 31, 2024, (the “Lease Agreement”); and, 2. That the Mayor and Clerk be authorized to execute the Lease Agreement and Sign any other related and necessary documents to the Lease Agreement.
Moved by Councillor Leahy
Carried
1. That Staff Report CLK 11-21 be received for information; and, 2. That the Clerk be directed to bring forward the draft by-law appended to this Staff Report as Attachment 1 to amend Procedure By-law # 7462-18 in order to permit ongoing electronic participation at Committee and Council meetings by Members of the Public. Page 14 of 18 Committee of the Whole Minutes November 15, 2021 - 7:00 PM
Moved by Councillor Leahy
Carried
Whereas according to section 75 of the Highway Traffic Act (HTA), every motor vehicle shall be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and excessive smoke, and no person shall use a muffler cut-out, straight exhaust, gutted muffler, Hollywood muffler, by-pass or similar device upon a motor vehicle; and, Whereas the act of modifying the exhaust system of a motor vehicle is not currently an offence under the HTA, and as a result muffler and auto-body shops continue to provide such services to individuals who choose to modify their vehicles which could negatively impact the safety of the vehicle; and, Whereas Durham Regional Police Service has been actively laying charges pursuant to section 75 of the HTA against motor vehicle operators whose vehicles make excessive or unusual noise or produce excessive smoke from muffler systems that have been modified; and, Whereas Council continues to receive negative feedback about an increase in noise due to modified vehicles on Regional and local roads; and, Whereas on October 28, 2019, the Province of Ontario introduced Bill 132, Better for People, Smarter for Business Act, 2019 which in part sought to amend the HTA to include a new section 75.1 that will make it an offence to tamper with motor vehicles by (a) removing, bypassing, defeating or rendering inoperative all or part of a motor vehicle's Page 15 of 18 Committee of the Whole Minutes November 15, 2021 - 7:00 PM
Moved by Councillor Drumm
Carried
Whereas Automated Speed Enforcement (ASE) is an automated system that uses cameras and speed measurement devices to help improve safety, enforce speed limits and reduce collisions; and, Whereas on December 2, 2019, the Province of Ontario passed regulations to allow municipalities to operate an ASE program; and, Whereas the Region of Durham currently operates an ASE program on Regional Roads in designated School Safety Zones and Community Safety Zones within the Town of Whitby in support of Durham Vision Zero; and, Whereas Council has a stated goal of making streets and neighbourhoods safer through innovative and best-practice design standards and traffic calming measures that reduce traffic speeds. Now therefore be it resolved: That staff report to Council on the feasibility and cost of adopting an Automated Speed Enforcement program on Town Roads in School Safety Zones and Community Safety Zones. Page 17 of 18 Committee of the Whole Minutes November 15, 2021 - 7:00 PM
Moved by Councillor Mulcahy
Carried
That the meeting adjourn.
Moved by Councillor Drumm
Carried

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