Special Council Meeting

1. That Report CS 37-17 be received for information.

That the main motion be amended by adding the following items: 2. That the Association in Support of the Whitby Performing Arts Centre (ASWPAC) be requested to forward all financial documents related to the 2013 Mayor’s Gala to the Chief Administrative Officer within 15 days of such notice being provided by the Town Clerk, including but not limited to the following: Financial documents • Bank statements • Income statements (profit and loss) • Balance sheets • Filings to Revenue Canada Revenues • Fundraising revenues • Donations • Donations in kind • Ticket/table sales Expenses • Detailed by type (i.e. event costs, salaries, purchase services, entertainment, etc.) • All original receipts and invoices Net revenues (including the $235,049 provided by the Town) • Amounts paid to arts-related organizations • Funds held in trust - terms of payments, and terms of the trust agreement • Funds remaining in the Association’s account (if any) 3. That ASWPAC be requested to reimburse legal fees incurred by the Town to establish ASWPAC in the amount of $11,455; Page 2 of 6 Special Council Minutes March 20, 2017 - 6:00 PM 4. That all funds currently held by ASWPAC, including those held in trust, be forwarded to the Town for disbursement by the Committee tasked with disbursing the remainder of funds from the 2008-2012 Mayor’s Galas; and, 5. That the Commissioner of Corporate Services/Treasurer be directed to retain Ernst and Young to conduct a preliminary phase of the review for the purpose

That the main motion be amended by adding the following items: 2. That the Commissioner of Corporate Services/Treasurer be directed to retain Ernst and Young to accept documentation from Association in Support of the Whitby Performing Arts Centre (ASWPAC), conduct a preliminary phase of the review for the purpose of determining the quality and quantity of data available, and identify the costs of a full in-depth transactional review of the 2013 Mayor’s Gala and report to Council with the estimate and statement of work; and, 3. That Ernst and Young be directed to request all financial documents related to the 2013 Mayor’s Gala from ASWPAC within 15 days of such request being provided, including but not limited to the following: Financial documents • Bank statements • Income statements (profit and loss) • Balance sheets • Filings to Revenue Canada Revenues • Fundraising revenues • Donations • Donations in kind • Ticket/table sales Expenses • Detailed by type (i.e. event costs, salaries, purchase services, entertainment, etc.) Page 3 of 6 Special Council Minutes March 20, 2017 - 6:00 PM • All original receipts and invoices Net revenues (including the $235,049 provided by the Town) • Amounts paid to arts-related organizations • Funds held in trust - terms of payments, and terms of the trust agreement • Funds remaining in the Association’s account (if any) 4. That ASWPAC be requested to reimburse legal fees incurred by the Town to establish ASWPAC in the amount of $11,455; and, 5.

1. That Council approve the establishment of a Performing Arts Community Development Fund for the disposition of the 2008 - 2012 Mayor’s Gala Funds as outlined in Report CMS 16-17; 2. That Staff be directed to update the Mayor’s Community Development Fund Policy and Procedure to include the disposition of the 2008 - 2012 Mayor’s Gala Funds, with the requirement for annual reporting of the allocation of these funds; 3. That the Mayor’s Community Development Fund Review Committee be authorized to receive and review applications for the Performing Arts Community Development Fund; and, 4. That staff be directed to prepare all of the necessary communications and forms to facilitate applications for the Performing Arts Community Development Fund and promote it on the Town’s website, the Town’s social media platforms, in The Whitby Perspective, through media advisories and releases, and via notices to Performing Arts groups and organizations that participate in the community.

Page 5 of 6 Special Council Minutes March 20, 2017 - 6:00 PM 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 special meeting held on March 20, 2017 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.