The Whitby Record

Regular Council Meeting

February 3, 2025

Who was there

Present (8): Victoria Bozinovski, Matt Cardwell, Chris Leahy, Steve Lee, Niki Lundquist, Rhonda Mulcahy, Elizabeth Roy, Steve Yamada

Absent (1): Maleeha Shahid

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 (39 motions)

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

That the Regular Council Minutes of December 16, 2024 be approved.
Moved by Councillor Bozinovski, seconded by Councillor Leahy
Carried
That the proclamations for Congenital Heart Disease Awareness Week, National 211 Day, Scout-Guide Week, Curling Day in Whitby, Amyloidosis Awareness Month, Jewish Heritage Month, and Myasthenis Gravis Awareness Month, and the flag raisings for Girl Guides of Canada, Scouts Canada, Dominican Republic Independence Day, and Mental Health Week be endorsed.
Moved by Councillor Cardwell, seconded by Councillor Yamada
Carried
That Council appoint Lindsay Cotton, Kathleen Mavin, and Samson Wong to the Downtown Whitby Business Improvement Area Board of Management for the term ending November 14, 2026.
Moved by Councillor Lundquist, seconded by Councillor Mulcahy
Carried
That Council adopt Amendment 138 to the Whitby Official Plan, regarding the Whitby GO Protected Major Transit Station Area, as outlined in this Report, PDP 01-25; That the Clerk forward the necessary documentation for Official Plan Amendment 138 to the Ministry of Municipal Affairs and Housing as the approval authority in accordance with Section 26 of the Planning Act; and, That the Clerk send a Notice of Council’s adoption of Amendment 138 to those persons and agencies who have requested further notification regarding the Whitby GO Protected Major Transit Area as part of the Town-Initiated Official Plan Review. 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 Yamada X Results 6 2 0
Moved by Councillor Lee, seconded by Councillor Leahy
Carried
That Council adopt Amendment 139 to the Whitby Official Plan, regarding Strategic Growth Areas, Nodes and Corridors as outlined in this Report, PDP 02-25; That the Clerk forward the necessary documentation for Official Plan Amendment 139 to the Ministry of Municipal Affairs and Housing as the approval authority in accordance with Section 26 of the Planning Act; and, That the Clerk send a Notice of Council’s adoption of Amendment 139 to those persons and agencies who have requested further notification regarding Strategic Growth Areas, Nodes and Corridors, as part of the Town-Initiated Official Plan Review.
Moved by Councillor Lee, seconded by Councillor Leahy
Carried
That Council approve Official Plan Amendment Number 142 to the Whitby Official Plan (File Number: OPA-2021-W/06), as shown on Attachment #5, and that a By-law to adopt Official Plan Amendment Number 142 be brought forward for consideration by Council; and, That Council approve an amendment to Zoning By-law No. 1784 (Z-12-21), as outlined in Report PDP 03-25.
Moved by Councillor Lee, seconded by Councillor Leahy
Carried
That consideration of the motion regarding terminating the contract with LAS be
Moved by Councillor Leahy, seconded by Councillor Lundquist
Referred
That the proclamations for 2025 outlined in the Memorandum from K. Palilionis, Climate Change Coordinator dated January 20, 2025 be endorsed.
Moved by Councillor Lundquist, seconded by Councillor Bozinovski
Carried
That Report CAO 01-25, Sponsorship and Advertising Asset Inventory Valuation Report, be received for information; and, That Council direct staff to seek Naming Rights for the Whitby Sports Complex and other facilities including Iroquois Park Sports Centre and report back for approval as per the Municipal Property and Facility Naming Policy (Policy MS 250).
Moved by Councillor Lundquist, seconded by Councillor Bozinovski
Carried
That Council approve entering a new (5) year sponsorship agreement effective April 1, 2025, with Okanagan Hockey Group Inc. for a Naming Rights Sponsorship at Iroquois Park Sports Centre (IPSC), and naming Arena 1 as “Okanagan Hockey Arena 1”, based on the sponsorship package and other terms and conditions identified in Report CAO 02-25.
Moved by Councillor Lundquist, seconded by Councillor Bozinovski
Carried
That Report CAO 03-25 related to the 2024 progress of the Community Strategic Plan be received for information.
Moved by Councillor Lundquist, seconded by Councillor Bozinovski
Carried
That Report CAO 04-25 be received for information.
Moved by Councillor Lundquist, seconded by Councillor Bozinovski
Carried
That Report CAO 06-25 regarding updates on the Whitby Tourism Development Corporation be received for information; That the Corporation of the Town of Whitby Asset Transfer Policy be approved, in the form set out in Attachment 1 to Report CAO 06-25; and, That Staff be authorized to transfer funds fifty per cent (50%) of the balance of the Municipal Accommodation Tax collected, after the deduction of the Town’s reasonable costs to administer the program, to the Whitby Tourism Development Corporation in accordance with the Asset Transfer Policy and Report CAO 06-25.
Moved by Councillor Lundquist, seconded by Councillor Bozinovski
Carried
That Council adopt the Member of Council Organized Community Events Policy appended to Staff Report CLK 01-25 as Attachment 1.
Moved by Councillor Lundquist, seconded by Councillor Bozinovski
Carried
That Council receive Report CLK 02-25 for information.
Moved by Councillor Lundquist, seconded by Councillor Bozinovski
Carried
That Report CLK 03-25 be received for information.
Moved by Councillor Lundquist, seconded by Councillor Bozinovski
Carried
That Council approve the Development Agreement Securities Policy included as Attachment 1 of Staff Report FS 02-25; That Council authorize the Treasurer to periodically update the appendices of the Development Agreement Securities Policy, specifically the letter of credit and surety bond templates, as necessary; and, That Council approve updates to F 100 the “Investment Policy” and F 130 the “Required Securities Within Site Plan Agreements Policy” as outlined in Staff Report FS 02-25.
Moved by Councillor Lundquist, seconded by Councillor Bozinovski
Carried
That the Town of Whitby accept the second lowest tender bid of VBN Paving Limited in the amount of $1,411,637.50 (excluding applicable taxes) per year, subject to Consumer Price Index increases, for five (5) seasonal terms beginning November 15, 2025 and ending March 31, 2030 as outlined in Staff Report FS 06-25; and, That approval be granted to extend this seasonal contract for up to three (3) additional one (1) year terms based on satisfactory vendor performance.
Moved by Councillor Lundquist, seconded by Councillor Bozinovski
Carried
That Staff be directed to bring forward the necessary by-law to change the speed limit on Whitburn Street from 50km/h to 40km/h; and, That the Commissioner of Financial Services/Treasurer be directed to identify the appropriate funding source for the associated signage costs.
Moved by Councillor Lundquist, seconded by Councillor Bozinovski
Carried
Whereas Canada is experiencing a significant housing crisis, characterized by an increasing demand for rental housing and a decreasing availability of affordable housing options for individuals and families; and, Whereas the housing shortages continue to pose challenges in Durham Region, including Whitby, and are exacerbated by rising rental rates, limited affordable housing stock, and a shortage of social and supportive housing, all of which have placed immense strain on the ability of low- and moderate-income individuals and families to find stable, affordable housing; and, Whereas unscrupulous renovictions, a practice where landlords initiate evictions under the guise of major renovations or improvements to rental properties, have become a pervasive problem across Ontario, contributing further to housing instability and displacement of vulnerable tenants; and, Whereas tenants who are wrongfully evicted in the name of renovations often face severe financial hardship, difficulty finding new rental accommodation, and emotional distress, while landlords may unlawfully profit from these evictions under the pretext of property upgrades; and, Whereas the current legal and regulatory frameworks governing renovictions and tenant protections have proven insufficient to safeguard vulnerable tenants, leading to calls for stronger legislative action and more robust enforcement mechanisms to protect renters from exploitative practices; and, Whereas municipalities have expressed concern
Moved by Councillor Leahy, seconded by Councillor Bozinovski
Carried
That the Town of Whitby Council condemns in the strongest terms possible the recent acts of antisemitism and hate discovered at the Whitby Public Library and restates its commitment to an inclusive and welcoming town for all Whitby residents; That Town Council reiterates its support for the past National Action Summit on antisemitism which had the participation of the Federal, Provincial and local governments; That Town Council commit to looking for ways to educate residents about antisemitism and strategies to combat antisemitism including a possible antisemitism campaign; and, That Town Council direct the Chief Administrative Officer to report on the possibility of establishing a protocol or policy to notify various human rights organizations when all hate motivated criminal acts are identified by Town staff. The intent of the protocol or policy is to assist them in the collection of empirical evidence related to hate crimes.
Moved by Councillor Leahy, seconded by Councillor Yamada
Carried
In favour (8): Mayor Roy, Councillor Bozinovski, Councillor Cardwell, Councillor Leahy, Councillor Lee, Councillor Lundquist, Councillor Mulcahy, Councillor Yamada
That Item 4 of the main motion be amended to read as follows: 4. That Town Council direct the Chief Administrative Officer to liaise with DRPS and report on the possibility of establishing a protocol or policy to notify various human rights organizations when all hate motivated criminal acts are identified by Town staff. The intent of the protocol or policy is to assist them in the collection of empirical evidence related to hate crimes.
Moved by Councillor Lundquist, seconded by Councillor Cardwell
Withdrawn
That Item 4 of the main motion be amended to read as follows: 4. That Town Council direct the Chief Administrative Officer to report on the possibility of establishing a protocol or policy to notify various human rights organizations when all hate motivated criminal acts are identified by Town staff and consult with DRPS. The intent of the protocol or policy is to assist them in the collection of empirical evidence related to hate crimes.
Moved by Councillor Bozinovski, seconded by Councillor Mulcahy
Carried
Whereas in recent years, Nazi iconography has surfaced with alarming frequency in the public sphere, used by an increasing number of groups and individuals to promote hate and instill fear within Canadian society; and, Whereas since the atrocities of WWII, Nazi symbols of hate have become universally synonymous with systematic violence, terror and hate. The growing presence of Nazi symbols of hate in our country poses a threat to every single Canadian citizen, undermining the core values of equality, diversity, and inclusion that define our nation; and, Whereas eighteen countries have already taken action to ban these symbols. It is imperative that Canada follow suit. Now Therefore be it Resolved: That Whitby Council supports B’Nai Brith’s call to the Government of Canada to pass legislation banning the public display of Nazi symbols of hate and iconography. Specifically, demanding that the Government of Canada immediately: Ban the Nazi Hakenkreuz Ban all Nazi symbols and iconography That Whitby Council agrees that the people of Canada are counting on the federal government to ensure a future free from hate, where every Canadian is protected, valued, and respected. 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 Yamada X Results 8 0 0
Moved by Councillor Leahy, seconded by Councillor Yamada
Carried
In favour (8): Mayor Roy, Councillor Bozinovski, Councillor Cardwell, Councillor Leahy, Councillor Lee, Councillor Lundquist, Councillor Mulcahy, Councillor Yamada
Whereas Station Gallery is an integral part of the cultural landscape of the Town of Whitby; and, Whereas Station Gallery operates as a registered charity providing valuable cultural resources to the residents of Whitby; and, Whereas the gallery building was purchased, physically moved across the street from its original site and officially opened on September 26, 1970 with a ceremony presided over by then Mayor Desmond Newman; and, Whereas Station Gallery hosts numerous exhibits including an annual juried show with the most recent one entitled “Into The Now”; and, Whereas artist Tamara Castonguay’s submission, entitled “Joy” a serpentine stone sculpture, was accepted and put on display as part of the show; and, Whereas on January 9, 2025 an unknown person stole “Joy” and walked out of Station Gallery; and, Whereas the Station Gallery staff reported the theft and took to social media with surveillance video of the culprit; and, Whereas the Durham Regional Police Service, acting on tips received from the general public which were generated by the social media campaign, were able to locate the stolen art; and, Whereas the Durham Regional Police Service (DRPS) and Station Gallery negotiated a return of the stolen art on January 12, 2025 without charges being laid; and, Whereas Joy was returned to its creator but missed out on the opportunity to be a fulltime participant in the juried show; and, Whereas Station Gallery has decided to host a one night, one piece, exhibit of Joy on
Moved by Councillor Leahy, seconded by Councillor Yamada
Referred
That area specific urban neighbourhood speed limits of 40 km/h be included in the Traffic Calming Policy and Guidelines Project with priority implementation going to neighbourhoods with higher levels of active transportation activities and higher rates of pedestrian and cyclist collisions.
Moved by Councillor Lee, seconded by Councillor Mulcahy
Carried
That the motion for the previous question be called.
Moved by Councillor Mulcahy, seconded by Councillor Lee
Carried
That area specific urban neighbourhood speed limits of 40 km/h be included in the Traffic Calming Policy and Guidelines Project with priority implementation going to neighbourhoods with higher levels of active transportation activities and higher rates of pedestrian and cyclist collisions. Voters For Against Conflict Councillor Bozinovski X Mayor Roy X Councillor Cardwell X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Mulcahy X Results 6 1 0
Moved by Councillor Lee, seconded by Councillor Mulcahy
Carried
That a motion to introduce a matter pertaining to Support of Provincial and Federal Negotiations with the U.S. Government on Trade Tariffs be allowed due to its urgent nature.
Moved by Councillor Mulcahy, seconded by Mayor Roy
Carried
Whereas the Windsor-Detroit border crossing is the busiest commercial border crossing between Canada and the U.S., handling approximately one-third of all trade between the two countries (about $1 billion per day); and, Whereas If Ontario were a standalone country, it would be the U.S.’s third-largest trading partner with a near-perfect balance in two-way trade totalling CAD $493 billion in 2023, employing millions of workers on both sides of the border. Whereas the Ontario government estimates that the impact of the proposed tariffs on Canadian goods by the U.S. government could 450,000 - 500,000 Ontario jobs; and, Whereas Premier Doug Ford has outlined Ontario’s forthcoming Fortress Am-Can plan, which focuses on strengthening trade between Ontario and the U.S. focusing on key issues include national security, integrated and safe electricity grids, building out critical mineral supply chains and advanced manufacturing supply chains while bringing good jobs back home for workers on both sides of the border; and, Whereas the federal government has established the Canada-U.S. relations council to support the federal government as it deals with possible U.S tariffs that includes representatives from the auto sector, unions, industry and agriculture; and , Whereas trade between Ontario and the United States is very important to our residents and local economies and requires all levels of government to work together in the best interest of those residents. Whereas according to dat
Moved by Councillor Mulcahy, seconded by Mayor Roy
Carried Unanimously
That leave be granted to introduce By-laws # 8145-25 to # 8151-25 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 Lundquist, seconded by Councillor Cardwell
Carried
That Council appoint Ginette Best to the Whitby Sustainability Advisory Committee for the term ending November 14, 2026.
Moved by Councillor Cardwell, seconded by Councillor Bozinovski Recommendation
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 February 3, 2025 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 Lee, seconded by Councillor Lundquist
Carried
That the meeting adjourn.
Moved by Councillor Bozinovski, seconded by Councillor Lundquist
Carried
1. That Council adopt Amendment 138 to the Whitby Official Plan, regarding the Whitby GO Protected Major Transit Station Area, as outlined in this Report, PDP 01-25; 2. That the Clerk forward the necessary documentation for Official Plan Amendment 138 to the Ministry of Municipal Affairs and Housing as the approval authority in accordance with Section 26 of the Planning Act; and, 3. That the Clerk send a Notice of Council’s adoption of Amendment 138 to those persons and agencies who have requested further notification regarding the Whitby GO Protected Major Transit Area as part of the Town-Initiated Official Plan Review. 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 Yamada X Results 6 2 0
Moved by Councillor Lee, seconded by Councillor Leahy
Carried
That consideration of the motion to proclaim Thursday, February 6, 2025 as "A Night of Joy" be
Moved by Councillor Lundquist, seconded by Councillor Bozinovski
Carried
In favour (6): Mayor Roy, Councillor Bozinovski, Councillor Cardwell, Councillor Lee, Councillor Lundquist, Councillor Mulcahy · Opposed (2): Councillor Leahy, Councillor Yamada
That area specific urban neighbourhood speed limits of 40 km/h be included in the Traffic Calming Policy and Guidelines Project with priority implementation going to neighbourhoods with higher levels of active transportation activities and higher rates of pedestrian and cyclist collisions. For Against Conflict Mayor Roy X Councillor Bozinovski X Councillor Cardwell X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Mulcahy X Results 6 1 0
Moved by Councillor Lee, seconded by Councillor Mulcahy
Carried
Whereas the Windsor-Detroit border crossing is the busiest commercial border crossing between Canada and the U.S., handling approximately one-third of all trade between the two countries (about $1 billion per day); and, Whereas If Ontario were a standalone country, it would be the U.S.’s third- largest trading partner with a near-perfect balance in two-way trade totalling CAD $493 billion in 2023, employing millions of workers on both sides of the border. Whereas the Ontario government estimates that the impact of the proposed tariffs on Canadian goods by the U.S. government could 450,000 - 500,000 Ontario jobs; and, Whereas Premier Doug Ford has outlined Ontario’s forthcoming Fortress Am-Can plan, which focuses on strengthening trade between Ontario and the U.S. focusing on key issues include national security, integrated and safe electricity grids, building out critical mineral supply chains and advanced manufacturing supply chains while bringing good jobs back home for workers on both sides of the border; and, Whereas the federal government has established the Canada-U.S. relations council to support the federal government as it deals with possible U.S tariffs that includes representatives from the auto sector, unions, industry and agriculture; and , Whereas trade between Ontario and the United States is very important to our residents and local economies and requires all levels of government to work together in the best interest of those residents. Whereas according to da
Moved by Councillor Mulcahy, seconded by Mayor Roy
Carried Unanimously
Recommendation: That Council appoint Ginette Best to the Whitby Sustainability Advisory Committee for the term ending November 14, 2026.
Moved by Councillor Cardwell, seconded by Councillor Bozinovski
Carried

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