Regular Council Meeting

1. That the order of the agenda be changed to hear Item 10, New and Unfinished Business at this time; and, 2. That a motion to introduce a matter pertaining to the Charter of Inclusive Communities be allowed due to its timely and urgent nature.

That the minutes be adopted.

That the proclamations for Tamil Heritage Month - January 2017, Black History Month - February 2017, International, Gruit Day - February 1, 2017 and Oshawa-Whitby Kiwanis Music Festival Week - March 27 to April 7, 2017, be endorsed.

1. That Council repeal the Employee Computer Purchase Plan policy effective immediately; 2. That staff with active Employee Computer Purchase Plans have until the end of their Employee Computer Purchase Plan contract to pay off the remaining funds for this loan; and, 3. That the Manager of Human Resources sends out a corporate wide communication to notify staff of the repeal of this policy. Page 3 of 24 Regular Council Minutes January 30, 2017 - 7:00 PM

1. That the Town of Whitby accept the low tender bid of Vermeer’s Greenhouse (Welland) Inc. in the amount of $25,547.75, (plus applicable taxes) for the supply and delivery of Flower and Plant Material for a one (1) year term; 2. That approval be granted for the option to extend the contract for two (2) additional one (1) year terms based on satisfactory product quality, satisfactory pricing, timely service and budget approval. For approved additional years the town reserves the right to change plant and flower species and negotiate prices; 3. That the total estimated annual contract amount of $25,997.39 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

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 2017.

1. That the Town of Whitby accept the low compliant tender as received from Limen Group Construction Ltd. in the amount of $446,320.00 (excluding taxes) for the exterior restoration at the Whitby Centennial Building; 2. That an over expenditure in the amount of $15,886.76 be approved and funded from the Maintenance Reserve; 3. That the total estimated project cost in the amount of $469,028.76 be approved; and, 4. That the Mayor and Clerk be authorized to execute the contract documents.

That Staff review options to integrate security and accessibility renovations as detailed in CS 05-17 with other proposed renovations to the Municipal Building in a report to the February 13, 2017 Operations Committee.

1. That Report PW 1-17 be received as information; 2. That Council authorize staff to issue a Request for Proposal (see Terms of Reference in Attachment 1) for the Downtown Whitby Transportation and Pedestrian Safety Action Plan and award the project to the highest ranking compliant bidder provided such proposals are within or do not exceed by more than 10% of the budget; and, 3. That the Mayor and Clerk be authorized to sign any necessary documents.

1. That Council approve the proposed Fees for Services and Activities provided and performed by the Public Works Department as outlined within Report PW 5-17; and, 2. That the Town Clerk be directed to bring forward a by-law to give effect to the recommendations contained in Report PW 5-17.

1. That Council approve a two-year partnership between Neighbourhood Watch and Road Watch resulting in the Neighbourhood Watch signage being funded through the Road Watch program; 2. The staff monitor the partnership between Neighbourhood Watch and Road Watch and report back to Council, as appropriate, with any recommended updates and/or modifications; and, 3. That the Clerk be authorized to provided a copy of Report PW 39- 16 to the Durham Regional Police Service Regional Neighbourhood Watch Coordinator and the Road Watch Committee.

1. That Council receive as information the Ethno-cultural and Diversity Advisory Committee of Council’s 2016 summary of activities and accomplishments; 2. That Council approve the Ethno-cultural and Diversity Advisory Committee of Council’s proposed 2017 Work Plan in principle; 3. That the Ethno-cultural and Diversity Advisory Committee of Council’s proposed budget to achieve the 2017 Work Plan be

That Community and Marketing Services Department Report CMS 02- 17 regarding the Mayor’s Community Development Fund be received as information.

1. That Community and Marketing Services Department Report CMS 03-17 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 Sport and Recreation Communities Fund (in partnership with the Abilities Centre, the Accessibility Advisory Committee, Community Living Ontario and Grandview Children’s Centre) for an expanded Inclusion Services Program as outlined in the staff report.

1. That Council support the development of the Town of Whitby industrial property located at 280 Water Street for a hotel, convention centre and restaurant (vacant property located across from Heydenshore Pavilion); 2. That staff be directed to negotiate an agreement of purchase and sale for the Town property located at 280 Water Street with the principals of the Taggar Family Trust, which would be the developer, owner and operator of the proposed hotel, convention centre and restaurant project; 3. That staff report back to Council with the draft terms of an agreement of purchase and sale; 4. That staff be directed that the land use policy and zoning provisions required to support the project be undertaken to permit the development on the property; and, 5. That staff report back on the impact of a proposed closure of Page 9 of 24 Regular Council Minutes January 30, 2017 - 7:00 PM Heydenshore Pavilion as a result of the recommended development and opportunities to accommodate programming in other municipal or external facilities.

1. That Council support the redevelopment of the municipally owned property at 128 Brock Street South (the property/building occupied by the Whitby Chamber of Commerce and Town Parking By-Law Enforcement Staff); 2. That Council endorse the redevelopment of the property for a more extensive office and commercial complex to support Council’s Goals of clearly being seen by all stakeholders to be business and investment friendly and supportive; and to leverage municipal tools and resources to generate local jobs and prosperity; 3. That Council endorse the sale and redevelopment of the property to the private sector through a process of an Expression of Interest to be administered by staff; 4. That Council direct staff to prepare the draft Terms of Reference for an Expression of Interest for the redevelopment of the property; 5. That staff report back to Council with the draft Terms of Page 10 of 24 Regular Council Minutes January 30, 2017 - 7:00 PM Reference for approval by the end of the first quarter 2017; and, 6. That the tender award for the exterior maintenance renovations for 128 Brock Street South not be undertaken and staff be directed to inform the general contractor that the project is cancelled.

That Council approve the Sky Zone Trampoline Park naming rights sponsorship at Iroquois Park Sports Centre, including renaming Arena 2 to ‘Sky Zone Arena 2, under the terms and conditions identified in Community and Marketing Services Report CMS 06-17.

1. That the proposed Fees and Charges for the Office of the Town Clerk outlined in Attachments 1 and 2 appended to this report, be approved save and except: o That the fees for taxi-cab broker, owner and driver licenses remain status quo; and, o That the accessible taxi-cab owner fee be reduced to zero; and, 2. That the Clerk be directed to incrementally consolidate fees and charges levied by the Town into a corporate fees and charges by- law at such time as departments bring forward reviews of existing fees and charges. Page 11 of 24 Regular Council Minutes January 30, 2017 - 7:00 PM

1. That Report CLK 02-17 of the Office of the Town Clerk be received for information; 2. That the following obsolete or redundant policies be rescinded: 1-0-03 Town Liability and Procedure for Compensation in the Event of a Flood 1-0-08 Public Use of Municipal Building 1-0-10 Adoption of Marigold as Town Flower and Use of Victorian Design Theme for Future Municipal Buildings 1-0-15 Liability Insurance – Council and Staff 1-1-05 Employment of Students During School Vacation Periods 1-1-06 Employment Policies for Management Personnel 1-1-07 Employment of Relatives – Management, Union and Part- time Employees 1-1-09 Employee Relationships – Whitby Fire Department 1-1-10 Benefits for Non-Union Personnel During Probationary Period 1-1-12 Rejection of Applicant for a Job Posting 1-1-14 Policy on Moving Allowance for Management Personnel 1-1-16 Policy for Councillors, Department Heads for Attendance at Conferences, Conventions and Seminars 1-1-18 Benefits for Disabled Employees (L.T.D) 1-1-21 Retaining Legal Council for Employees 1-1-28 Retirement of Municipal Employees 1-1-29 Retirement Tribute 1-3-01 Processing of Requests for Municipal Clearance under the Liquor Licence Act, 1990 1-3-03 Execution of Certain Documents and Agendas 1-3-06 Application for Registration in Land Titles – Execution of Consent and Waiver Notice 1-3-07 Special Occasion Permits – Town Approval of Community Festival and Outdoor Events 1-3-08 Temporary Closing of Roads for Street Dances Page 12 of 24 Regular

1. That the proposed fees and charges for services and activities Page 14 of 24 Regular Council Minutes January 30, 2017 - 7:00 PM provided by the Legal and By-law Services Department as outlined within Report LS 02-17 be approved; and, 2. That the Clerk be directed to bring forward the necessary documentation to give effect to the fees and charges contained in Report LS 02-17 within a consolidated fees and charges by-law.

Whereas Bill 68, Modernizing Ontario’s Municipal Legislation, 2016 received first reading on November 16, 2016; And Whereas the Council of the Town of Whitby applauds many of the proposed amendments but continues to encourage revisions or consideration of other amendments necessary for municipal operations and financial sustainability that are not included in Bill 68; Now Therefore Be It Resolved: 1. That the following proposed amendments to the Municipal Act and Municipal Conflict of Interest Act to clarify and broaden the powers granted to municipalities be applauded: a) Providing a clear and concise definition of what constitutes a ‘meeting’; b) Expanding the number of discretionary exemptions for entering into a closed meeting to consider confidential information; c) Giving Integrity Commissioners the power to self-initiate investigations and provide advice to councils and local boards about their codes of conduct and Municipal Conflict of Interest Act (MCIA) obligations; d) Inclusion of a statement of principle in the MCIA and a broader range of penalties for members found to be in contravention. 2. That given the recent changes to the Municipal Elections Act to ban corporate and union donations, in conjunction with proposed changes to limit the self-financing of campaigns, the Province be encouraged to: a) Investigate ways to ensure a level playing field between incumbents and challengers; Page 15 of 24 Regular Council Minutes January 30, 2017 - 7:00 PM b) Determine way

That the recommendations in Item 2.1, as contained in the confidential minutes of the Management Committee held on January 24, 2107, be adopted.

Whereas the Charter for Inclusive Communities affirms the dignity of every person and calls for a concerted effort to counter prejudice and hate and to develop programs and policies specific to the reduction and elimination of Islamophobia in all its forms. And Whereas the rise of anti-Muslim incidents across Canada and the recent attacks in Quebec City risk eroding the strength of our country’s rich social fabric; Now therefore be it resolved that Whitby Town Council endorses and supports the National Council of Canadian Muslims’ Charter for Page 17 of 24 Regular Council Minutes January 30, 2017 - 7:00 PM Inclusive Communities which reads: “Preamble The recent rise in anti-Muslim incidents in Canada is disturbing and risks eroding the strength of our country's rich social fabric. When Muslim women are attacked in the streets, when mosques are vandalized or when people face prejudice in their workplace or school, it is not only Canadian Muslims that suffer; Canadian society as a whole is weakened because our values of equality, respect, justice and dignity for all are threatened. Hate crimes against Muslims have risen dramatically in recent years both in Canada, and around the world. Given the unfortunate climate of fear that seems to have entered some segments of public life, it appears that this trend is increasing. Islamophobia is real and it is wrong, despite what some may say to downplay it or dismiss it. This type of hate and discrimination tells Canadian Muslims that t

That the flags at all Town facilities be lowered to half-mast in recognition of the mosque attacks that occurred in Quebec City.

That a motion to introduce a matter pertaining to the ACS Alcolock Systems be allowed due to it timely and urgent nature.

Whereas the Town of Whitby strives to be a leader in its support for proactive measures that can reduce the risks associated with drinking and driving; Whereas while there has been increased levels of enforcement, education and awareness about not drinking and driving, more needs to be done to address growing concerns related to drinking and driving and the morning after effects by responsible drinkers who take appropriate steps when leaving a bar via a designated driver or similar such programs and show up for work the next day, unaware that they continue to have levels of alcohol in their system; Whereas countries such as France, Finland, Norway, Sweden and others have implemented or are in the process of implementing legislation requiring all vehicles that transport people or are contracted by various levels of government that interact in the public realm must have a proactive Alcohol Countermeasure System installed on vehicles; Whereas equipment such as the ACS Alcolock System provides safeguards that will prevent and alert an operator of a vehicle if their blood alcohol level is too high and that they and the public may be at risk; and, Whereas installation of such devices not only improves public safety, but may also reduce the cost of fleet insurance policies. Now Therefore be it Resolved: That the Town of Whitby request the Province of Ontario to implement legislation that will require operators of public transportation vehicles to have installed devices that will pro

That leave be granted to introduce By-law # 7219-17 to # 7229-17 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 Council appoint the following individuals to the Accessibility Advisory Committee for the term noted or until a successor is appointed:  Laura Celsie, for a 1-year term ending November 30, 2017  Melinda Crawford, for a 1-year term ending November 30, 2017  Denise Laframboise, for a 2-year term ending November 30, 2018  Shauna Moore, for a 1-year term ending November 30, 2017

Page 23 of 24 Regular Council Minutes January 30, 2017 - 7:00 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 regular meeting held on January 30, 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.