Regular Council Meeting

That the minutes of the Regular Council of December 15, 2015 be adopted.

That the minutes of the Special Council Meeting of December 15, 2015 be adopted.

That the proclamation for Tamil Heritage Month - January 2016, Black History Month - February 2017 and Eating Disorder Awareness Week (EDAW) - February 1 to 7, 2016, be endorsed.

1. That the Declaration set forth in Attachment #1 to Report PL 4-16 be adopted by Whitby Council, to give support to the David Suzuki Foundation’s Blue Dot Movement in recognizing the right of Whitby residents, and all Canadians to live in a healthy environment; and, 2. That the Declaration for the Corporation of the Town of Whitby for the Right to a Healthy Environment together with Report PL 4-16 be forwarded to the Prime Minister of Canada, the Federal Environment Minister, the Premier of Ontario, the Minister of Municipal Affairs and Housing, AMO and FCM, the Environmental Commissioner of Ontario Lakeridge Health, the Region of Durham and Area Municipalities, the Chamber of Commerce, the Whitby Sustainability Advisory Committee, the Ontario Professional Planning Institute, the Canadian Institute of Planning and the David Suzuki Foundation.

That Item 1 of the main motion be amended by including 'the right to breathe clean air' under Section 1 of Attachment #1 to Report PL 4-16, Declaration for the Right to a Healthy Environment.

1. That Council approve the application for a Draft Plan of Condominium (CW-2015- 01) subject to the conditions of approval in Section 8.0 of Planning Report item PL 5-16; 2. That the Mayor and Clerk be authorized to execute the Condominium Agreement for the subject property; and, 3. That the Clerk advise the Commissioner of Planning at the Region of Durham of Council’s decision.

1. That Council approve Sign By-law Variance Application SB-03-15 to the Town of Whitby Sign By-law 5695-05 for the Thickson Ridge Centre on lands municipally known as 1650 Victoria Street East for Building ‘J’ in accordance with the following:  To reduce the distance above the adjacent grade to a sign from 2.5 metres to 0.6 metres for ten (10) wall signs; and,  That the tenant and property owner be copied with Council’s resolution and Report 6-16.

That staff be directed to proceed with: 1. the implementation of additional security video surveillance cameras within the Whitby Municipal Building; 2. the installation of new video surveillance cameras on the exterior of the Whitby Municipal Building; 3. the installation of silent alarm controls as contained in section 4 of Confidential Community and Marketing Services Department Report, CMS 59-15; and, 4. That the remaining security measures outlined in Confidential Community and Marketing Services Department Report, CMS 59-15 be

THAT the correspondence from Lynda Smith regarding sidewalk snow clearing be received and

1. That Report No. LS 05-16 regarding a TNR (Trap, Neuter and Return) Program for feral stray cats be received as information; 2. That Staff be directed to create a Spay and Neuter program for all Adopted Animals; 3. That Staff bring forward the necessary amendment to By-law No. 6945-15 to incorporate the required fees for a Spay and Neuter program for all Adopted Animals; and, 4. That Council support trap, neuter and return (TNR) in principle and that staff report back on next steps for implementation, potential community partners, community engagement and associated costs.

1. That Community and Marketing Services Department Report CMS 01-16 regarding the Whitby County Town Carnival be received as information; and, 2. That the future location of the special event be Victoria Fields.

That the main motion be amended by adding the following as items 3 and 4: 3. That Staff be directed to consult the Whitby Accessibility Advisory Page 8 of 21 Regular Council Minutes January 18, 2016 - 7:00 PM Committee to improve accessibility for the event; and, 4. That Staff undertake discussions with the Seniors Centre to determine whether a partnership could be developed for the purpose of providing a shuttle service to the event.

1. That Report CMS 10-16 be

That Council approve the proposed Public Code of Conduct Policy, as amended, for the public who use the Town’s Facilities, Properties and Programs as outlined in Community and Marketing Services Department Report CMS 05-16.

1. That Council authorize the Town of Whitby to enter into a multi-year Lease Agreement with Elite Training Systems for the mezzanine space located between Whitby Hydro Arena 5 and Arena 6 at Iroquois Park Sports Centre; and, 2. That the Mayor and Clerk be authorized to execute the Lease Agreement.

1. That Community and Marketing Services Department Report CMS 02-06 regarding the Mayor’s Community Development Fund be received as information; and, 2. That Council approve the recommended Evaluation Guidelines developed by the Mayor’s Community Development Fund Review Committee as outlined in the report.

1. That Council authorize staff to issue a Request for Proposal to obtain submissions from interested and qualified pro shop service providers for the operation of the Pro Shop outlets at the Iroquois Park Sports Centre (IPSC) and McKinney Centre (MCK); and, 2. That staff report back in 2016 with a recommendation on the Pro Shop operations for the Iroquois Park Sports Centre and McKinney Centre based on the submissions to the Request for Proposal.

1. That Community and Marketing Services Department Report CMS 07-16 pertaining to the Ontario Sport and Recreation Communities Fund from the Provincial Ministry of Tourism, Culture and Sport, be received as information; and, 2. That Council authorize Staff to make an application to the Ontario Page 11 of 21 Regular Council Minutes January 18, 2016 - 7:00 PM Sport and Recreation Communities Fund (in partnership with Community Connection, Boy and Girls Club of Durham, CAPREIT, and Durham Region Health Department) for the White Oaks Youth Community Outreach Program, as outlined in the staff report.

That Community and Marketing Services Department Report CMS 08- 16 regarding the Advertising and Sponsorship Division activities and 2016 business strategies be received as information.

1. That Community and Marketing Services Department Report CMS 03-16 regarding the impact of the Child Care and Early Years Act on Recreation Programs be received as information; and, 2. That the Camp Programs provided by the Parks and Recreation Division no longer be available to children 3 years of age, as outlined in the staff report.

That a By-law be brought forward to authorize the temporary borrowing of an amount up to Fifteen Million dollars for cash flow purposes, if required, at any one time during the calendar year 2016.

1. That Report CLK 01-16 of the Office of the Town Clerk be received for information; 2. That Council adopt the Council Code of Conduct shown in Attachment #1, as amended to include a section on Complaint Confidentiality, and Integrity Commissioner Terms of Reference in Attachment #2 and authorize the Town Clerk to bring forward the necessary by-law to give effect thereto; 3. That the Clerk be authorized to partner with the Region of Durham as part of a Request for Proposals (RFP) seeking proposals for the services of an Integrity Commissioner; 4. That the Commissioner of Corporate Services include $15,000 funded from one time reserves for future services provided by an Integrity Commissioner in the 2016 budget; 5. That the Clerk bring forward a recommended proposal and candidate for appointment as Integrity Commissioner for consideration upon completion of the RFP.

1. That Council approve the proposed Fees for Services and Activities provided and performed by the Public Works Department as outlined within Report PW 2-16, 2. That By-law 6150-09 as amended, be amended as shown in Attachment 1 to Report PW 2-16; and, 3. That the Town Clerk take the necessary action to give effect thereto.

1. That the Winter Control Service Levels Standards defined in Attachments 2, 3, and 4 of Report PW 4-16 be approved; 2. That Council acknowledges that the Winter Control Service Level Standards as outlined in Report PW 4-16 are in alignment with the Provincial Ontario Regulation 239/02, Minimum Maintenance Standards (MMS) for Municipal Highways; and. 3. That Public Works staff bring forward in 2016 other existing Service Level Standards for the Operational Services Division of Public Works, including but not limited to, winter maintenance on sidewalks and multi-purpose trails.

Page 14 of 21 Regular Council Minutes January 18, 2016 - 7:00 PM 1. That Report PW 5-16 be received for information; and, 2. That Council endorse the three public laneway design alternatives for residential development in new subdivisions.

1. That Whitby Fire and Emergency Services (WFES) be approved by Council to use MSA as the standard manufacturer for the procurement of Self Contained Breathing Apparatus (SCBA); and, 2. That the Supervisor of Purchasing be approved to issue a purchase order to the lowest compliant bidder, following the Town of Whitby’s tender process, in accordance with Whitby’s Procurement By- law.

1. That the attached policy be approved and that staff be directed to create a reserve fund up to the maximum estimated NEER surcharge to prepare for potential costs payable to the Workplace Safety and Insurance Board (WSIB); 2. That the reserve be funded by any NEER refunds from the WSIB starting in 2015 and going forward; and, 3. That up to $50,000 of the reserve be made available to Human Resources annually for specific projects approved by the C.A.O. and/or Treasurer, or as otherwise approved by Council, for the Page 15 of 21 Regular Council Minutes January 18, 2016 - 7:00 PM purpose of improving the Town’s Health and Safety Program aimed at reducing WSIB costs and/or to comply with our legislated obligations.

1. That Community and Marketing Services Department Report CMS 04-16 regarding an update on the Health Club and Fitness Services be received as information.

That the main motion be amended by adding the following as item 2: That a committee of 3 persons from the membership of the Health Club, representative of the membership, be appointed to offer assistance to promote the Health Club and work with Town staff in this regard.

Page 16 of 21 Regular Council Minutes January 18, 2016 - 7:00 PM That the confidential recommendation contained within the Community and Marketing Services Department Report, CMS 11-16 be adopted

1. That Report CAO 07-15 Overtime and Sick Time Analysis be received for information; 2. That the Commissioner of Legal and By-law Services report back to Management Committee on options for reducing overtime in the Animal Services area by March of 2016; 3. That the Manager of Human Resources report back to the Management Committee on a recommended policy for the management of overtime by February 2016; 4. That the Manager of Human Resources report back to the Management Committee on options for improving the management of sick time by February of 2016; 5. That the Manager of Human Resources report back to the Management Committee on overtime and sick time utilization on an annual basis prior to the consideration of the annual budget; and, 6. That the Manager of Human Resources report back to the Management Committee with options for claims management with respect to short term disability and sick leave by Fall of 2016.

1. That Council approve the use of consulting firm, AECOM, for the purpose of providing architectural and engineering design services for the second Indoor Soccer Dome project as outlined in the staff report; 2. That Council approve an exemption to the terms contained with the Purchasing Policy to engage the consulting firm, AECOM, subject to Section 7 - Repetitive Projects/Assignments for Consultants for Continuous Service; 3. That the amount of $85,070.00 (plus applicable taxes) be pre-budget approved; and, 4. That the Mayor and Clerk be authorized to execute the required documents.

Recommendation: That leave be granted to introduce By-law # 7078-16 to 7086-16 and to dispense with the readings 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 18, 2016 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 delegation from Lynda Smith regarding Item 7.1, Correspondence from Lynda Smith pertaining to Sidewalk Snow Clearing on Reynolds Street be heard in accordance with section 2.8.3 of Procedure By-law #7072-15.

That the Chief Administrative Officer report back through memorandum to the Management Committee on the development of a municipal strategic plan, in particular linking the sub-strategies related to the Council Goals 2014-2018 by January 19, 2016.