The Whitby Record

Special Council Meeting

October 9, 2024

Who was there

Present (9): Victoria Bozinovski, Matt Cardwell, Chris Leahy, Steve Lee, Niki Lundquist, 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 (29 motions)

27 carried, 2 recorded otherwise. Every motion below is printed as the minutes print it.

That Report PDP 42-24 be received for information.
Moved by Councillor Mulcahy, seconded by Councillor Cardwell
Carried
That Council approve the Draft Plan of Condominium (File No. CW-2024- 04) subject to the Conditions of Approval, included in Attachment #4; That the Mayor and Clerk be authorized to execute the Condominium Agreement and any other necessary documents; and, That the Clerk advise the Commissioner of Planning and Economic Development at the Region of Durham, of Council’s decision.
Moved by Councillor Mulcahy, seconded by Councillor Cardwell
Carried
That Council approve the request for a variance to the Town of Whitby Permanent Sign By-law #7379-18 for the Whitby Christian Assembly, located at 100 Rossland Road West.
Moved by Councillor Mulcahy, seconded by Councillor Cardwell
Carried
That Council approve the request for a variance to the Town of Whitby Permanent Sign By-law #7379-18 for Beertown, located at 75 Consumers Drive.
Moved by Councillor Mulcahy, seconded by Councillor Cardwell
Carried
That the memorandum from T. Painchaud, Sr. Manager, Transportation Services, dated September 6, 2024 regarding Whitburn Street, Speed Hump Engagement Results be received for information; and, That Staff be directed to report to Council with information about the cost and other implications associated with removing the speed humps, reducing the number of speed humps, and maintaining the speed humps in their current configuration.
Moved by Councillor Mulcahy, seconded by Councillor Cardwell
Carried
That Council approve the proposed amendment to Traffic By-law 8059-24, to incorporate the changes to Schedule “Q” of the By-law, as identified in Attachment 3; and, That a By-law to amend By-law 8059-24 be brought forward for the consideration of Council.
Moved by Councillor Mulcahy, seconded by Councillor Cardwell
Carried
That Council approve the creation of the Municipal Accommodation Tax Reserve Fund and the affiliated reserve fund policy included in Attachment 1 of Report FS 32-24.
Moved by Councillor Lundquist, seconded by Councillor Lee
Carried
That public engagement feedback received for the proposed Pioneer Cemetery Name Change to the Dryden Cemetery be received; and, That the Groveside Cemetery Board and staff be authorized to initiate the name change with the Bereavement Authority of Ontario and execute all documents to implement the cemetery name change.
Moved by Councillor Lundquist, seconded by Councillor Lee
Carried
That Report CAO 18-24 – Downtown Whitby Action Plan September 2024 Update, be received as information; and, That staff be directed to undertake an update to the Downtown Whitby Action Plan in 2025 and bring forward a new plan for Council’s consideration and approval.
Moved by Councillor Lundquist, seconded by Councillor Lee
Carried
Whereas there is a humanitarian crisis unfolding on streets in our cities, large and small, urban and rural, across Ontario. The time for words is over, we need immediate action at all levels of government, starting with the Province; and, Whereas the homelessness, mental health and addictions crisis continues to grow with 3432 drug related deaths in Ontario in 2023 as well as with an estimated 234,000 Ontarians experiencing homelessness and over 1400 homeless encampments across Ontario communities in 2023; and, Whereas the province has provided additional funding for mental health, addictions and homelessness programs, it does not adequately address the growing crisis and the financial and social impact on municipalities and regions across the province; and, Whereas municipalities and regions are stepping up and working with community partners to put in place community-specific solutions to address this crisis, but municipalities and regions lack the expertise, capacity, or resources to address these increasingly complex health care and housing issues alone; and, Whereas this is primarily a health issue that falls under provincial jurisdiction and municipalities and regions should not be using the property tax base to fund these programs; and, Whereas there is no provincial lead focused on this crisis leading to unanswered questions that span over a dozen ministries, and a lack of support to manage the increasing needs of those who are unhoused. Now Therefore be it Resolved
Moved by Councillor Lundquist, seconded by Councillor Lee
Carried
That the Memorandum from A. Gratton, Sr. Manager of Enforcement Services, dated August 23, 2024 regarding a Fence By-law Exemption request for 1 Glencedar Crescent be received for information; and, That Council grant an exemption from the provisions of Fence By-law # 4394-99, as amended, to permit a fence measuring up to a maximum height of 2.44 metres (approximately 8 feet) for the northern portion of the rear yard at 1 Glencedar Crescent, noting that any fencing along the eastern or southern portions of the rear yard will be required to comply with the 2 metre (approximately 6 feet, 6 inches) rear yard fence height maximum included in Fence By-law # 4394-99, as amended. 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 5 4 0
Moved by Councillor Leahy, seconded by Councillor Yamada
Carried
That Report LS 13-24 be received for information; and, That the proposed amendments to the Town’s Noise By-law #6917-14 as appended to Report LS 13-24 as Attachment # 1 be brought forward to Council for consideration.
Moved by Councillor Lundquist, seconded by Councillor Lee
Carried
That Report CAO 17-24 be received for information; and, That Council endorse the delivery of a SNAP Pilot Project in the preferred neighbourhood of West Lynde, as outlined in Report CAO 17-24.
Moved by Councillor Lundquist, seconded by Councillor Lee
Carried
That Report CMS 10-24 be received for information; That the Town’s current level of service as identified as Option 1 in Staff Report CMS 10-24 for the maintenance of fencing, gateway features, decorative fencing and columns be continued; and, That NUB Item GG-0022 “That Staff be directed to report to Council on the implementation of a gateway maintenance program, including additional resources required, to address the repair and rehabilitation of deteriorating gateway signage in subdivisions throughout the Town of Whitby” be removed from the New and Unfinished Business Listing.
Moved by Councillor Lundquist, seconded by Councillor Lee
Carried
That the main motion be amended to strike Item 2 and add the following as Items 2 and 3, with the remaining Item being renumbered accordingly: 2. That the Town’s level of service be expanded to include the removal of failing/unsafe iron fences, masonry columns, and gateway features on Regional and private property, as identified as Option 2 in Staff Report CMS 10-24; 3. That Council recommends that the Mayor consider including the one-time costs associated with Option 2 in Staff Report CMS 10-24 of approximately $579,000 in the 2025 budget and including ongoing operating budget funding of $106,000 per year in the 2025 operating budget through a property tax increase; Voters For Against Conflict Councillor Bozinovski X Councillor Cardwell X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Mulcahy X Councillor Shahid X Councillor Yamada X Mayor Roy X Results 4 5 0
Moved by Councillor Bozinovski, seconded by Councillor Leahy
Lost
In favour (4): Councillor Bozinovski, Councillor Leahy, Councillor Shahid, Councillor Yamada · Opposed (5): Mayor Roy, Councillor Cardwell, Councillor Lee, Councillor Lundquist, Councillor Mulcahy
That Council approve the revised Terms of Reference for the 55+ Recreation Advisory Committee (Attachment 1).
Moved by Councillor Lundquist, seconded by Councillor Lee
Carried
That Council approve the 2025 Council, Committee, and Public Meetings schedule appended as Attachment 1 to this Report.
Moved by Councillor Lundquist, seconded by Councillor Lee
Carried
That the main motion be amended as follows: That Council approve the 2025 Council, Committee, and Public Meetings schedule appended as Attachment 1 to this Report, save and except that the March 17, 2025 Council Meeting be moved to March 24, 2025 and the March 24, 2025 Public Meetings be moved to March 31, 2025.
Moved by Councillor Cardwell, seconded by Councillor Shahid
Withdrawn
That Council approves the standardization of emergency response equipment and fire apparatus, as outlined in Table 1 of Staff Report FES 04-24; for a period of five (5) years, ending September 30, 2029; and, That staff procure standardized equipment outlined in Table 1 of Staff Report FES 04-24 in accordance with the Procurement Policy, and staff be authorized to single source award contracts for items where there is only one authorized supplier/distributor for the Whitby geographical area.
Moved by Councillor Lundquist, seconded by Councillor Lee
Carried
That leave be granted to introduce By-laws # 8110-24 to # 8115-24 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.
Moved by Councillor Shahid, seconded by Councillor Yamada
Carried
That Council receive Correspondence #2024-571 from Mayor Roy, dated September 20, 2024, regarding the Appointment of a Deputy Mayor for 2024 for information; and, That Council confirm the appointment of Councillor Lundquist as Deputy Mayor through December 31, 2024.
Moved by Councillor Cardwell, seconded by Mayor Roy
Carried
That the motion for the previous question be called. Voters 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
Moved by Councillor Cardwell, seconded by Councillor Shahid
Carried
That Council receive Correspondence #2024-571 from Mayor Roy, dated September 20, 2024, regarding the Appointment of a Deputy Mayor for 2024 for information; and, That Council confirm the appointment of Councillor Lundquist as Deputy Mayor through December 31, 2024. Voters 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 8 1 0
Moved by Councillor Cardwell, seconded by Mayor Roy
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 October 7, 2024 and at its special meeting held on October 9, 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.
Moved by Councillor Shahid, seconded by Councillor Leahy
Carried
That the meeting adjourn.
Moved by Councillor Mulcahy, seconded by Councillor Leahy
Carried
1. The Town of Whitby Council condemns in the strongest terms possible the recent acts of Antisemitism and hate. It restates its commitment to an inclusive and welcoming town for all Whitby residents. 2. Whitby Council express its support for the past National Action Summit on Antisemitism which had the participation of the Federal, Provincial and local governments. 3. Whitby Council commits to looking for ways to educate residents about Antisemitism and ways to combat antisemitism, including a possible Antisemitism campaign. 4. Town Council directs the CAO, in partnership with relevant divisions, to support Jewish community members in reporting hate crimes.
Moved by Councillor Lundquist, seconded by Councillor Lee
Carried
1. That the Memorandum from A. Gratton, Sr. Manager of Enforcement Services, dated August 23, 2024 regarding a Fence By-law Exemption request for 1 Glencedar Crescent be received for information; and, 2. That Council grant an exemption from the provisions of Fence By- law # 4394-99, as amended, to permit a fence measuring up to a maximum height of 2.44 metres (approximately 8 feet) for the northern portion of the rear yard at 1 Glencedar Crescent, noting that any fencing along the eastern or southern portions of the rear yard will be required to comply with the 2 metre (approximately 6 feet, 6 inches) rear yard fence height maximum included in Fence By-law # 4394-99, as amended. 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 5 4 0
Moved by Councillor Leahy, seconded by Councillor Yamada
Carried
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
Moved by Councillor Cardwell, seconded by Councillor Shahid
Carried
1. That Council receive Correspondence #2024-571 from Mayor Roy, dated September 20, 2024, regarding the Appointment of a Deputy Mayor for 2024 for information; and, 2. That Council confirm the appointment of Councillor Lundquist as Deputy Mayor through December 31, 2024. 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 8 1 0
Moved by Councillor Cardwell, seconded by Mayor Roy
Carried

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