The Whitby Record

Committee of the Whole

November 25, 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 (23 motions)

17 carried, 6 recorded otherwise. Every motion below is printed as the minutes print it.

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.
Moved by Councillor Mulcahy
Carried
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.
Moved by Councillor Mulcahy
Carried
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.
Moved by Councillor Mulcahy
Carried
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.
Moved by Councillor Mulcahy
Carried
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.
Moved by Councillor Leahy
Carried
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.
Moved by Councillor Leahy
Carried
That Council approve the use of the proposed protocol for determining applicable commercial and industrial Town of Whitby development charges, as required.
Moved by Councillor Leahy
Carried
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
Moved by Councillor Yamada
Carried
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 transactions to municipalities; and, That the Council of the Town of Whitby calls on the Federal Government to allocate a percentage of the Goods and Services Tax collected on property sales to municipalities; and, That this redistribution of the Land Transfer Tax and Goods and Services Tax should be structured to provide predictable and sustainable funding to municipalities, allowing for better long-term planning and investment in infrastructure projects that benefit local communities, thus ensuring that local governments receive a fair share of the revenue to address critical infrastructure needs; and, That the Province of Ontario consider AMO’s advocacy focused on the Housing Affordability Task Force recommendations, advocating for long-term and predictable infrastructure funding, and supporting on-going discussions around the importance of the development charge regime in funding housing-enabling infrastructure in many communities; and, That copies of this resolution be forwarded to Prime Minister Justin Trudeau, Premier Doug Ford, the Ontario Minister of Finance, the Minister of Municipal Affairs and Housing, Durham Region MPs and Durham Region MPPs; and, That copies of this resolution be forwarded to the local municipalities in Durham Region, the Region of Durham, the Federation of Canadian Municipalities
Moved by Councillor Yamada
Carried
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
Moved by Councillor Lee
Carried
That Council waive privilege to make public the contents of the January 4, 2024 legal opinion from Aird & Berlis LLP regarding the “Authority to Appoint Deputy Mayor”; and, That Council waive privilege in order to provide the general cost incurred to obtain this opinion in order to make it available to the public in a matter satisfactory to the Town Solicitor. See following motions and Refer to Item 8.1 below Moved by Councillor Shahid That Committee move in-camera in accordance with Procedure By-law # 8081-24, Closed Meeting Policy G 040, and the Municipal Act, 2001, Section 239 (2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
Moved by Councillor Leahy
Carried
That the Committee rise from the closed portion of the meeting.
Moved by Councillor Leahy
Carried
That Committee move in-camera in accordance with Procedure By-law # 8081-24, Closed Meeting Policy G 040, and the Municipal Act, 2001, Section 239 (2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
Moved by Councillor Shahid
Carried
That the question related to the main motion noted above be called.
Moved by Councillor Shahid
Lost
That the motion to waive privilege regarding the January 4, 2024 Correspondence from Aird & Berlis LLP be
Moved by Councillor Leahy
Referred
That the main motion, as amended be divided to consider Items 1 and 2 as separate motions.
Moved by Councillor Leahy
Carried
That Council waive privilege to make public the contents of the January 4, 2024 legal opinion from Aird & Berlis LLP regarding the “Authority to Appoint Deputy Mayor”.
Moved by Councillor Leahy 1
Lost
That Council waive privilege in order to provide the general cost incurred to obtain this opinion in order to make it available to the public in a manner satisfactory to the Town Solicitor.
Moved by Councillor Leahy 2
Lost
That the meeting adjourn.
Moved by Councillor Cardwell
Carried
The main motion be amended by including the following as Item 4 and that the remaining items be renumbered accordingly: 4. That the Province of Ontario consider AMO’s advocacy focused on the Housing Affordability Task Force recommendations, advocating for long-term and predictable infrastructure funding, and supporting on-going discussions around the importance of the development charge regime in funding housing-enabling infrastructure in many communities.
Moved by Councillor Mulcahy
Carried
1. 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 transactions to municipalities; and, 2. That the Council of the Town of Whitby calls on the Federal Government to allocate a percentage of the Goods and Services Tax collected on property sales to municipalities; and, 3. That this redistribution of the Land Transfer Tax and Goods and Services Tax should be structured to provide predictable and sustainable funding to municipalities, allowing for better long-term planning and investment in infrastructure projects that benefit local communities, thus ensuring that local governments receive a fair share of the revenue to address critical infrastructure needs; and, 4. That the Province of Ontario consider AMO’s advocacy focused on the Housing Affordability Task Force recommendations, advocating for long-term and predictable infrastructure funding, and supporting on-going discussions around the importance of the development charge regime in funding housing-enabling infrastructure in many communities; and, 5. That copies of this resolution be forwarded to Prime Minister Justin Trudeau, Premier Doug Ford, the Ontario Minister of Finance, the Minister of Municipal Affairs and Housing, Durham Region MPs and Durham Region MPPs; and, 6. That copies of this resolution be forwarded to the local municipalities in Durham Region, the Region of Durham, the Federation of Canadi
Moved by Councillor Yamada
Carried
1. That Council waive privilege to make public the contents of the January 4, 2024 legal opinion from Aird & Berlis LLP regarding the “Authority to Appoint Deputy Mayor”; and, 2. That Council waive privilege in order to provide the general cost incurred to obtain this opinion in order to make it available to the public in a matter satisfactory to the Town Solicitor.
Moved by Councillor Leahy
Lost
2. That Council waive privilege in order to provide the general cost incurred to obtain this opinion in order to make it available to the public in a manner satisfactory to the Town Solicitor. Motion
Moved by Councillor Leahy
Lost

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