Regular Council Meeting

That the Regular Council Minutes of May 15, 2023, and the Special Council Minutes of May 29, 2023 and June 12, 2023 be approved.

That the rules of procedure be suspended to allow the delegation to exceed the five minute speaking limit.

That Council take a short recess.

That in accordance with the Town's Procedure By-law, the Council meeting continue to go past 11:00 p.m.

That in accordance with the Town's Procedure By-law, the Council meeting continue to go past 11:30 p.m.

That Council suspend the rules of procedure in order to hear delegations from Bill Rourke, Whitby Minor Baseball Association, and Abhi Singh and Prannay Singh, Whitby Cricket Association regarding CMS 06-23, Community Services Department Report re: Bill 23 Parkland Dedication Framework and to hear the delegation from Vera Felgemacher, Resident, regarding FES 04-23, Fire and Emergency Services Department Report re: Report and Recommendation of Changes to the By-law to Regulate the Sales and Discharge of Fireworks.

That Council authorize Planning and Development S taff to initiate an Amendment to the Town of Whitby Official Plan regarding minor housekeeping and technical amendments to policies and Schedules of Part 1 – parent Official Plan and Part 2 – Secondary Plans and Schedules.

That Council approve a Draft Plan of Condominium (File No. CW-2023-03) subject to the comments included in Report PDP 29-23 and 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.

That Council approve the Draft Plan of Subdivision (File No. SW-2021-03) and approve an amendment to Zoning By-law # 1784 (Z-08-21), subject to the comments included in Planning Report PDP-30-23 and the Conditions of Draft Approval included in Attachment #9; That Staff be authorized to prepare a Subdivision Agreement; That a Zoning By-law Amendment be brought forward for consideration by Council; 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; and, That the Clerk forward a Notice to those parties and agencies that requested to be notified of Council’s decision.

That Council approve the proposed amendment to Traffic By-law # 1862-85, to incorporate the changes to Schedule “A” of the By-law, as identified in Attachment 2; That a by-law to amend By-law # 1862-85 be brought forward for the consideration of Council; and, That Council direct the Clerk to provide a copy of Report PDE 10-23 to Durham Student Transportation Services (DSTS) and the Durham District School Board (DDSB).

That Staff terminate the Highway 7/12 Alternative Route Environmental Assessment; and, That any consulting obligations be terminated in accordance with the contractual provisions; and, That the relevant stakeholders and interested parties to the Highway 7/12 Alternative Route Environmental Assessment be notified.

That the motion on the future of the Highway 7/12 Alternative Route EA be

That the question related to the deferral motion noted above be called. 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 6 3 0

That Council approve an amendment to Zoning By-law # 1784 (File No. Z-04-23) as outlined in Planning Report PDP 31-23; and, That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council.

That Council approve an amendment to Zoning By-law # 2585 (File Number: Z-03-23) as outlined in Planning Report PDP 32-23; and, That a by-law to amend Zoning By-law # 2585 be brought forward for consideration by Council.

That Report LS 05-23 be received for information; That Enforcement Services not implement a permit system to regulate dust from private residential construction projects; That Enforcement Services continues to actively promote dust control through an annual communication strategy; and, That New and Unfinished Business – General Government Item No. GG-0013 be removed.

That Report LS 06-23 be received for information; and, That Staff bring forward a by-law to amend Property Standards By-law # 6874-14, as amended, substantially in accordance with the draft bylaw in Attachment 1 to this Report LS 06-23.

That Council receive report CMS 06-23 as information; That the Town incorporate the proposed changes to the Parkland Dedication Framework as set out in Report CMS 06-23 through the update to the Parks and Recreation Master Plan; That staff be directed to engage a planning consultant to identify appropriate land that would support the development of Sports Field Parks; and, That staff be directed to report to Council with options for the acquisition of land to support the development of sports fields as identified by the 2015 Sports Facility Strategy and updated by the 2023 Parks and Recreation Master Plan.

That Item 5 be added to the main motion, as follows: 5. That Staff be directed to report to Council in September 2023 on the status of the parks master plan agreement.

That Report CMS 07-23 be received as information.

That Report FS 13-23 regarding Annual Insured Claims be received as information.

That Report FS 17-23 on Building Permit Fees Annual Financial Report 2022 be received as information.

That report FS 18-23 regarding 2022 Year End Operating Variances and Reserve Funds be received.

That Report FS 19-23, the Annual Statement of Development Charge and Parkland Dedication Cash-in-Lieu Reserve Funds as of December 31, 2022 be received.

That Council actively partners with the Whitby Professional Fire Fighters Association IAFF Local 2036 (“Local 2036”) on the design and construction of a memorial to fallen fire fighters to be located at Whitby Civic Park adjacent to Town Hall; That the Town of Whitby match Local 2036’s contribution to a maximum of $35,000, funded from Whitby Fire and Emergency Services Operating Budget account 12105-54030, for the design and construction of the memorial; That a new capital project in the amount of $250,000 be established for the Whitby Memorial to Fallen Fire Fighters, funded from Local 2036 ($35,000), the Town of Whitby ($35,000), and external fundraising ($180,000); That the Town of Whitby actively partners with Local 2036 to source additional public and/or private sources of funding and/or sponsorship opportunities towards the memorial; That construction for the memorial only proceeds once the $180,000 fund raising goal has been achieved; and, That Staff follow the process outlined in report FES 03-23 for the issuance of Official Donation Receipts for income tax purposes related to the external fundraising efforts for this Town of Whitby project.

That report FES 04-23 be received for information.

That Council receive Report CAO 15-23, The IDEA Project, Journey to Inclusivity Status Update for information.

That Report CAO 16-23 be received for information ; and, That Council endorse the Town of Whitby Official Tree Campaign and adopt the tree species to be selected by the community as an official symbol of the Town.

That Report CAO 17-23 be received for information; and, That Council approve an initial expense of $20,000 to support the Regional 2023 Family Physician Recruitment Program, funded from Strategic Initiatives operating budget account 799SIN-PS-3990.

That Council approve in principle the Draft Proposed Action Plan outlined in Attachment # 1 to Report CAO 19-23 for the purpose of submitting an application for the Canada Mortgage and Housing Corporation – Housing Accelerator Fund (2023); That Council authorize the Chief Administrative Officer to submit the application for the Canada Mortgage and Housing Corporation – Housing Accelerator Fund (2023); That Council authorize the Chief Administrative Officer to approve any changes to the Draft Proposed Action Plan outlined in Attachment # 1 to Report CAO 19-23, prior to submission of the Town’s application for the Canada Mortgage and Housing Corporation’s Housing Accelerator Fund; and, That Council authorize the Mayor and Clerk to execute any necessary agreements regarding the application.

That By-law # 6887-14, the Towing By-law, be amended substantially in accordance with Attachment 1 to the Memorandum from A. Albrecht, Supervisor of Parking Services and B. Harasym, Associate Solicitor, dated June 14, 2023; and, That Council direct staff to review current municipal regulations regarding the licensing and governing of tow truck drivers and tow truck businesses, activities, and undertakings in the Town of Whitby.

That the Forest Heights Park and Darren Park basketball court nets and poles be reinstalled as soon as possible.

That the main motion be amended by striking Darren Park.

That the Forest Heights Park basketball court nets and poles be reinstalled as soon as possible.

That leave be granted to introduce By-laws # 8000-23 to # 8007-23 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 June 19, 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.

That the question related to the deferral motion noted above 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

The main motion was then