Regular Council Meeting

That the Regular Council Minutes of March 24, 2025, and the Special Council Minutes of March 24, 2025 (11:00 a.m.) and March 24, 2025 (5:30 p.m.) be approved.

That the proclamations for Community Living Month, Fibromyalgia Awareness Day, National Nursing Week, World Menstrual Health Day, and Bike Month and the flag raisings for National AccessAbility Week and Filipino Heritage Month be endorsed.

That Council approve the Heritage Permit requesting demolition of two accessory structures and construction of a new one storey accessory structure at 25 Way Street (HP-03-25), as supported by the Heritage Whitby Advisory Committee, and in accordance with Section 42 of the Ontario Heritage Act.

That Council approve a Zoning By-law Amendment to extend the Temporary Use (Z-13-24) of a place of worship on the subject land for a period of three (3) years; and, That the amending by-law be brought forward for Council’s consideration.

That Council approve an amendment to Zoning By-law 2585 for a temporary use (Z-01-25) as outlined in Planning Report PDP 18-25; and, That the amending By-law be brought forward for Council’s consideration.

That Council approve an amendment to Zoning By-law 1784 for a temporary use (File No. Z-02-25), as outlined in Report PDP 19-25; and, That an amending by-law be brought forward for Council’s consideration.

That Council approve Official Plan Amendment Number 144 to the Whitby Official Plan (File: OPA-2024-W/08), as shown on Attachment #8 to Report PDP 20-25, and that a By-law to adopt Official Plan Amendment Number 144 be brought forward for consideration by Council; That Council approve an amendment to Zoning By-law No. 1784 (Z-11-24), subject to the comments included in Report PDP 20-25; and, That a By-law to amend Zoning By-law #1784 be brought forward for consideration by Council at a future date. Voters For Against Conflict Councillor Mulcahy X Mayor Roy X Councillor Bozinovski X Councillor Cardwell X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Yamada X Councillor Shahid X Results 8 1 0

That Council endorse the gateway/entrance feature concept as proposed by Fieldgate Developments and illustrated on Attachment #4; That the land at the south-west corner of Baldwin Street and Winchester Road, legally described as Part of the North Half Lot 25, Concession 5 and Part of the Road Allowance between Lots 24 and 25, Concession 5, being Part 1, Plan 40R-31677 (P-1410-0164, P-1771-0110, P-5120-0354) being part of PIN 26573-0002 (LT), in the Town of Whitby, Regional Municipality of Durham as shown in Attachment 1, be declared surplus; That the requirement, in Town Policy F-190, for the Town to provide public notice of its intention to declare the Property surplus and report back to Council on any written objections received be waived; and, That Staff provide a future report for Council’s consideration and approval of an Agreement of Purchase and Sale between the Town and Fieldgate Developments (or related company) following receipt of a land appraisal and conclusion of agreement negotiations.

That Council approve the proposed amendments to Traffic By-law 8059-24, to incorporate the changes to Schedule T, as identified in Attachment No. 1 to Report No. PDE 03-25; and, That a by-law to amend By-law 8059-24 be brought forward for the consideration of Council.

That the Downtown Whitby Business Improvement Area Board of Management’s proposed 2025 Beautification Report and the 2024 Annual Report, (Attachment 2 of Report FS 12-25), be received as information; and, That the Downtown Whitby Business Improvement Area Board of Management’s proposed 2025 Budget, (as outlined in Attachment 1 of Report FS 12-25), inclusive of a $220,500 special tax levy for businesses within the Downtown Business Improvement Area, be approved.

That the 2025 property tax rates for the General Municipal Town Levies, shown in Attachment A of Report FS 13-25, be approved; That the 2025 special tax levy and tax rates for the properties located within the Downtown Whitby Business Improvement Area (BIA), shown in Attachment B of Report FS 13-25, be approved; That the final property tax bill due dates for all property tax classes be June 24, 2025 and September 24, 2025; That prior to the issuance of the final tax bills, the Treasurer be authorized to adjust the due dates and notify Council at the earliest opportunity; and, That a by-law for the General Municipal Town Levies and a separate by-law for the Special Tax Levy in support of the Downtown Whitby BIA, to set the due dates and levy rates for 2025 in accordance with the approved budgets and regulations, be brought forward to a future Council meeting.

That Community Services Report, CMS 03-25, be received as information; That staff be directed to complete the detailed design and contract documentation to be tender ready, based on a two story, multi-purpose community building identified as (Option 1B Attachment #1 of this report); and, That staff be directed to report back to Council for direction following the completion of the detailed design including final construction cost estimate, prior to issuing tender documents.

That Community Services Report, CMS 04-25, be received as information; That Staff be directed to begin the Luther Vipond Memorial Arena (LVMA) Community Engagement Process; That a 2025 Capital Project 71251016 LVMA – Repurpose Conversion / Development Project be approved in the amount of $25,000, funded $19,072.50 from the Growth Reserve and $5,927.50 from the Development Charges Parks and Recreation Reserve Fund; and, That Staff be directed to report back to Council with the recommended program options considering the feedback received through engagement on the project.

That Report CMS 05-25 be received; That the proposed amendments to the Town’s Public Parks and Park Buildings By-law #7419-18, as appended as Attachment 1, be brought forward to Council for consideration; and, That NUB GG-0001, pertaining to Fishing in Town Parks, will be removed from the New and Unfinished Business List.

That the memorandum from L. Toman, Manager, Events, Culture and Tourism dated March 14, 2025 regarding an update on Canada Day in Whitby be received for information.

That the memorandum from S. Malby, Senior Manager, Parks Planning and Development dated March 12, 2025 regarding Highway of Heroes, Vimy Memorial Park Update - New and Unfinished Business GG-0005 be received for information.

That Report CAO 08-25 regarding the 2024 Annual Report for the Mayor’s Community Development Fund and the Performing Arts Community Development Fund be received for information.

That Report FS 17-25 be referred to Staff for further review following consultation led by the Region of Durham with the area mayors and in the event that impacting legislation from the Province or Federal Government is introduced.

That the proposed development charges deferral and installment program be approved for eligible industrial developments, as outlined in Staff Report FS 18-25, up-to April 30, 2027; That the Treasurer be authorized to enter into agreements in accordance with Section 27 of the Development Charges Act, with eligible industrial development applicants up-to April 30, 2027, for the purpose of implementing the deferral and installment program as outlined in Staff Report FS 18-25; and, That the proposed amendments to the Fees and Charges By-law included in Table 1 of Staff Report FS 18-25 be approved and a by-law amendment be brought forward to a future Council meeting for consideration.

That Staff implement procurement restrictions designed to restrict United States businesses from accessing Town of Whitby procurements based on the Province of Ontario’s Procurement Restriction Policy (Attachment 1 to Staff Report FS 19-25) and as outlined in Report FS 19-25; That the Town’s Procurement Policy F 080 be amended for the procurement restrictions and definition of U.S. Business outlined in Report FS 19-25; That Staff be authorized to amend the Town’s Procurement Policy F 080 based on adjustments to the Province of Ontario’s Procurement Restriction Policy and that such restrictions be in effect until the earlier of March 31, 2026 or when the Province of Ontario’s Procurement Restriction Policy is rescinded; That the Commissioner of Financial Services/Treasurer, subject to the agreement of the Commissioner of Legal and Enforcement Services/Town Solicitor, be delegated authority, until March 31, 2026, to approve contract extensions where it is necessary or in the best interest of the Town; and, That the Commissioner of Financial Services/Treasurer and the Commissioner of Legal and Enforcement Services/Town Solicitor report back to Council on the use of their delegated authority through the regular reporting of the Purchasing Division of Financial Services.

That Staff be authorized to finalize a Lease Agreement with Town Brewery Inc. (or an affiliated company), for the period January 1, 2026 to December 31, 2027 as outlined in Staff Report FS 20-25 and in a form to the satisfaction of the Commissioner, Legal and Enforcement Services / Town Solicitor, or designate; and, That the Mayor and Clerk be authorized to execute the Lease Agreement with Town Brewery Inc.

That Report LS 06-25 be received for information; That the proposed Rental Unit Vital Services By-law substantially in the form appended to Report LS 06-25 as Attachment # 1, be brought forward on May 26, 2025, for Council consideration; and, That staff are directed to prepare amendments to the Town’s Property Standards By-law # 6874-14, as amended to remove provisions of vital services from the by-law for Council’s consideration.

That Report LS 07-25 is received for information; and, That the proposed administrative amendments to the Property Standards By-law substantially in the form appended to Report LS 07-25 as Attachment # 1, be brought forward to Council for consideration on May 26, 2025.

That Council appoint Tom Marlow to the Road Watch Committee for the term ending November 14, 2026.

That Staff be directed to report to Council before summer recess with considerations and information on electing Whitby’s four Regional Councillors by ward versus the current at-large method. The report should include an environmental scan of other municipalities, the pros and cons of each structure, and considerations regarding making a potential change to Council’s composition in accordance with the Municipal Act prior to the 2026 municipal election. 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 5 4 0

That leave be granted to introduce By-laws # 8173-25 to # 8183-25 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.

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 April 28, 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.

That the meeting adjourn.

1. That Council approve Official Plan Amendment Number 144 to the Whitby Official Plan (File: OPA-2024-W/08), as shown on Attachment #8 to Report PDP 20-25, and that a By-law to adopt Official Plan Amendment Number 144 be brought forward for consideration by Council; 2. That Council approve an amendment to Zoning By-law No. 1784 (Z-11-24), subject to the comments included in Report PDP 20-25; and, 3. That a By-law to amend Zoning By-law #1784 be brought forward for consideration by Council at a future date. 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

That Report FS 17-25 be