Regular Council Meeting

That the Regular Council Minutes of December 12, 2022, and the Special Council Minutes of December 12 and December 20, 2022, and January 9 (6:15 p.m.), January 9 (7:00 p.m.), January 16, and January 23, 2023 be approved.

That the proclamations for National 211 Day and Scout-Guide Week and the flag raisings for Scouts Canada and Girl Guides of Canada be endorsed.

That the proclamations from January to February 2023 outlined in the Memorandum from J. Romano, Commissioner of Community Services, dated January 20, 2023, be endorsed.

That Council appoint the following individuals to the Downtown Whitby Business Improvement Area Board of Management for the term ending November 14, 2026 unless otherwise stated or until a successor is appointed: Corina Contreras Diandra Persaud Jayne Flieler Jeannie Dhun Jennifer Diguer Nella Noakes Robert McBride That Council approve the revised Terms of Reference for the Downtown Whitby Business Improvement Area Board of Management included as an attachment to the Memorandum to Council from K. Narraway, Sr. Manager, Legislative Services/Deputy Clerk dated January 18, 2023.

That Council approve the requested street name change from Gordon Street (north of Victoria Street West) to Jim Flaherty Street; That Council exempt the street naming request from Town of Whitby Public Notice Policy CA 150; That the fees related to a street name change be waived; and, That a by-law to rename the public road north of Victoria Street West from Gordon Street to Jim Flaherty Street be brought forward for Council approval.

That Council approve the Draft Plan of Subdivision (File No. SW-2020-06), subject to the comments included in Report PDP 01-23 and the Conditions of Draft Approval included in Attachment #10; That Staff be authorized to prepare a Subdivision Agreement; That the Region of Durham Commissioner of Planning and Economic Development be advised of Council’s decision; That Williams and Stewart Associates Ltd. be appointed as the Control Architect for the Draft Plan of Subdivision; That the Clerk forward a Notice to those parties and agencies that requested to be notified of Council’s decision; That Council approve an amendment to Zoning By-law # 1784 (File Z-14-20), as outlined in Planning Report PDP 01-23; That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council; That Council authorize the Clerk to issue a notice of intention to repeal By-law # 1998-86 under the Ontario Heritage Act, Section 32(2); and, That the request to repeal the designation By-law # 1998-86 per Section 32(1) of the Ontario Heritage Act, be considered by Council after the 30-day objection period passes.

That Council approve an amendment to Zoning By-law # 1784, (File No. Z-15-21), as outlined in Planning Report PDP 02-23; and That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council.

That considering the Region’s requirements for unwarranted traffic control signals, Council approve the temporary and permanent traffic signalization of Lake Ridge Road South at Churchill Avenue, in the amount of $200,000 in 2023 (temporary signal) and $175,000 in 2024 (permanent signal) to be funded from the 2023 and 2024 capital budgets as outlined in Report PDE 02-23; That the on-going operating and maintenance costs related to the signals that do not meet the warrant threshold, in the annual amount of $8,000 be included in the operating budget, beginning in 2024; and, That staff continue to work with the Region on an acceptable solution for access for the homeowners that currently have access to Lake Ridge Road.

That Report PDE 03-23 be received for information.

That Council approve the strategic direction outlined in PDE 04-23, wherein the Des Newman Blvd. / CP Rail Grade Separation initiative will be constructed to a partial-height embankment including an access road in the short term with the remaining embankment and bridge works

That the proposed 2023 capital project #40236055 Columbus Road – Trans Canada Pipelines, in the amount of $6,000,000, be pre-approved to allow for the pre-engineering phase of the project to proceed, as outlined in Report No. PDE 05-23; and, That Council authorizes the Commissioner of Planning and Development to enter into an agreement with TCPL to include pre-engineering tasks associated with roadway crossings, as part of TCPL’s larger project to upgrade pipelines through the Brooklin community.

That Council approve an amendment to Zoning By-law No. 2585 (Z-18-22) as outlined in Planning Report PDP 04-23; and, That a Zoning By-law Amendment be brought forward for consideration by Council.

That Council recommend the following individual to the Durham Transit Advisory Committee: Tim Ralph

That Council recommend the following individual to the Durham Environment and Climate Advisory Committee: Bryan Widner

That the recommendations included in Confidential Legal and Enforcement Services Department and Planning and Development (Planning Services) Department Joint Report LS 02-23, as recommended by Committee during the closed session portion of the Committee of the Whole meeting on January 16, 2023, be approved by Council. [Refer to January 16, 2023 Committee of the Whole Confidential Minutes - Town Clerk has control and custody]

That the Mayor and Clerk be authorized to execute Lease Agreements with the Regional Municipality of Durham for 312 Colborne Street West and 117 King Street based substantially on the terms and conditions outlined in Attachments 2 and 3 to Staff Report FS 01-23; That the Commissioner, Legal and Enforcement Services/Town Solicitor be authorized to make minor amendments to either Lease Agreement based on finalization of negotiations with the Regional Municipality of Durham; That Staff be authorized to approve Sub-Leases or an assignment of the Lease for 117 King Street West during the term of the Lease, subject to the concurrence of the Commissioner, Community Services and Commissioner, Legal and Enforcement Services/Town Solicitor; and, That the Commissioner, Financial Services/Treasurer and Commissioner, Legal and Enforcement Services/Town Solicitor be authorized to negotiate and execute any renewals of either Lease Agreement provided the renewal is based upon the same general terms and conditions as the initial term of the lease.

That Report FS 01-23 be deferred to a future Special Council meeting to be scheduled in February 2023 to provide an opportunity for community consultation at the upcoming Centre Ward Town Hall event. 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 4 5 0

That Council approve entering into a three (3) year sponsorship agreement effective February 3, 2023 with Booster Juice Inc. for a Naming Rights Sponsorship at Iroquois Park Sports Centre (IPSC), including renaming Arena 6 to “Booster Juice Arena 6”, based on the sponsorship package and other terms and conditions identified in Report CAO 01-23.

That Report CAO 02-23 be received for information; and, That Council direct Staff to develop a plan to implement Action Item 3.1 ‘Establish economic development fund’, as outlined in Report CAO 02-23, for consideration in the 2024 budget.

That report FOS(FES) 01-23 be received as information.

Whereas Provincial Bill 23, More Homes, Built Faster Act, 2022, reduces development-related fees paid by the development community to Ontario municipalities for the construction of infrastructure to support growth; Whereas the Region of Durham (“Region”) has passed a motion directing Regional Staff to report back on the feasibility and implications of municipalities receiving a 10% share of annual HST revenue from either the Federal and/or Provincial governments and to investigate the feasibility and impact of the Province providing a full rebate on the Provincial share of the HST paid by Municipal governments; Whereas the purpose of the Region’s motion is to investigate alternate revenue sources to assist with municipal infrastructure investments to accommodate the infrastructure deficit as well as significant new growth related capital funding shortfalls; Whereas the options proposed in the Region’s motion on alternate revenue sources may also mitigate Bill 23 impacts to the Town’s revenues for growth-related infrastructure and assist in funding repairs and rehabilitation of existing aging infrastructure; Now therefore be it resolved: That Town of Whitby support the Region of Durham’s motion; and, That the Clerk circulate a copy of this resolution to the Minister of Finance, the Association of Municipalities of Ontario, all Durham Region MPPs, the Regional Municipality of Durham, and Durham Region municipalities.

Whereas Whitby Council wishes to reiterate its support following the 2022 Municipal Election for placement of the new Durham hospital by Lakeridge Health at the northeast corner of Lake Ridge Road and Winchester Road in Whitby (the preferred site); Whereas the preferred site was selected by an independent expert panel following a phased process that included a comprehensive public consultation on the criteria used to score site proposals, a public Call for Proposals to interested landowners, and a rigorous evaluation and scoring process; Whereas the preferred site is located in the heart of Durham Region and is well connected to major roads and numerous highways, so when seconds and minutes count, those who need critical care can get it fast; Whereas the new hospital is necessary to meet the health care needs of the growing community to access high-quality advanced care close to home and address the increasing demand for acute care services; Whereas Whitby is the technology and innovation hub of Durham Region, which presents an opportunity to support a leading edge technology and innovation hospital; Whereas Staff were provided the necessary direction to proceed with the required land acquisition for the preferred site at a Special Council meeting held on December 1, 2021 and Council wish to reaffirm its commitment to acquiring this property for the purposes of a hospital; Whereas Lakeridge Health has requested a Provincial Planning Grant to advance the planning for the new h

That leave be granted to introduce By-laws # 7955-23 to # 7961-23 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 January 30, 2023 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 appoint the following individuals to the Downtown Whitby Business Improvement Area Board of Management for the term ending November 14, 2026 unless otherwise stated or until a successor is appointed: 1. Corina Contreras 2. Diandra Persaud 3. Jayne Flieler 4. Jeannie Dhun 5. Jennifer Diguer 6. Nella Noakes 7. Robert McBride 2. That Council approve the revised Terms of Reference for the Downtown Whitby Business Improvement Area Board of Management included as an attachment to the Memorandum to Council from K. Narraway, Sr. Manager, Legislative Services/Deputy Clerk dated January 18, 2023.

That Council recommend the following individual to the Durham Environment and Climate Advisory Committee: 1. Bryan Widner

That Report FS 01-23 be