OSHAWA CITY COUNCIL MINUTES – APRIL 26, 2010 Page 224...

OSHAWA CITY COUNCIL MINUTES – APRIL 26, 2010 Page 224

Minutes of a meeting of the Council of the City of Oshawa held in the Committee Meeting Room at 3:00 p.m. Mayor Gray (entered at 6:30 p.m.), and Councillors Cullen, Henry (entered at 6:30 p.m.), Kolodzie (entered at 6:30 p.m.), Lutczyk, Marimpietri (entered at 6:30 p.m.), Neal (entered at 6:30 p.m.), Nicholson, Parkes (entered at 6:30 p.m.) Pidwerbecki were present. Councillor Sholdra was absent. Due to lack of quorum, in accordance with Council’s Procedural By-law, those in attendance waited 30 minutes for quorum to be achieved. At 3:30 p.m. no further Council members attended. It was therefore determined that Council was unable to proceed with the closed portion of the meeting to consider Report AG-10-06 concerning the contract of the Auditor General. The meeting reconvened at 6:30 p.m. in the Bobby Orr Lounge, Civic Auditorium Complex, 99 Thornton Road South. All Council members were present except Councillor Sholdra.

PUBLIC AGENDA

ANNOUNCEMENTS FROM COUNCIL MEMBERS Councillor Neal advised, 2,400 high school students, including some from Oshawa, are travelling to Germany and the Netherlands to participate in ‘Victory in Europe Day’ which marks the 65th Anniversary of the end of WWII. Councillor Neal advised on April 25, 2010 Columbus residents picked up garbage and litter along the roadways and sidewalks in Ward 7 and challenged other wards to get involved in Pitch-In clean-up activities. Councillor Parkes advised Tiffany Harrington, a student at Monsignor Paul Dwyer High School, organized a cross-generational program in partnership with the Oshawa Senior Citizens Centres where elders and Grades 9 through 12 students shared experiences relating to themes such as music, heritage, environment and history. Councillor Parkes advised she attended the 2010 Ontario Senior Games - Actifest kick-off today at Donevan Recreation Centre. Councillor Henry advised, the Durham Synchronized Swimming Club is practising at the Civic Auditorium pool tonight to prepare for their trip to Charlottetown tomorrow to compete in the national championships.

City Council Minutes - 225 - April 26, 2010 DECLARATIONS OF PECUNIARY INTEREST Councillor Nicholson made a declaration of pecuniary interest concerning Item 6 of Twenty-ninth Report of the Finance and Administration Committee concerning a property standards complaint as he has family that lives at one of the properties and did not participate in discussion or voting on the item. Councillor Neal made a declaration of pecuniary interest concerning Item 4 of Thirty-fifth Report of the Development Services Committee related to the North Kedron Industrial Area as a member of his family owns property in the area and did not participate in discussion or voting on the item. (Also See 28) PRESENTATIONS The 2010 Community Organization Volunteer Recognition Certificates were presented. David Crowe, Board Member, Eastview Boys and Girls Club advised Council of their ‘High Five’ accreditation by Parks and Recreation Ontario, and their expanded services. Michelle Flynn, Teacher and Elise Cormier, student, Monsignor Paul Dwyer Catholic High School, Coffee House Fundraiser for Haiti, thanked City Council for its financial support. Moved by Councillor Pidwerbecki, seconded by Councillor Parkes, (262) “That the City of Oshawa proclaim May 2010 as ‘International Building Safety Month’.” CARRIED Mayor Gray presented Building Services staff with a proclamation proclaiming ‘International Building Safety Month’ in the City of Oshawa. Chris Brown, Director, Finance Services and Tim Dwyre, Manager, Taxation and Revenue Services provided a property tax overview presentation. DELEGATIONS/DELEGATION REQUESTS Delegations None.

City Council Minutes - 226 - April 26, 2010 Delegation Requests 1. Stanley and Michele Malarz requesting to address City Council in support of

Item 6 of the Thirty-sixth Report of the Development Services Committee concerning not proceeding with the establishment of a sidewalk on the south side of Larry Avenue between St. Patrick Street and Wilson Road North in conjunction with reconstruction of the street. (Ward 7)

Moved by Councillor Neal, seconded by Councillor Lutczyk, “That Stanley and Michele Malarz be heard.” LOST ON THE FOLLOWING VOTE (2/3 vote required) AFFIRMATIVE – Councillors Lutczyk, Marimpietri, Neal and Parkes NEGATIVE – Councillor Cullen, Henry, Kolodzie, Nicholson, Pidwerbecki and Mayor Gray Absent – Councillor Sholdra 2. Rosemary McConkey requesting to address City Council in opposition to Item 1

of the Twenty-ninth Report of the Finance and Administration Committee concerning waiving of fees for the use of the Columbus Community Centre.

Moved by Councillor Neal, seconded by Councillor Lutczyk, (Ward 7) “That Rosemary McConkey be heard.” LOST ON THE FOLLOWING VOTE (2/3 vote required) AFFIRMATIVE – Councillors Henry, Lutczyk, Marimpietri, Neal and Parkes NEGATIVE – Councillor Cullen, Kolodzie, Nicholson, Pidwerbecki and Mayor Gray Absent – Councillor Sholdra CORRESPONDENCE REQUESTS 1. Linda Tamburro supporting Council funding accessibility and general

improvements at Alexandra Park despite the decision to not include it on the current list of infrastructure projects eligible for higher government funding.

Moved by Councillor Cullen, seconded by Councillor Kolodzie, (Ward 5) (263) “That Correspondence Request Item 1 from Linda Tamburro concerning accessibility and general improvements at Alexandra Park be received for information.” CARRIED

City Council Minutes - 227 - April 26, 2010 2. City of Pickering, Debbie Shields, City Clerk, forwarding Pickering Council’s

resolution requesting the Region of Durham provide a detailed investigation into the declining Provincial Offences Act revenues and provide a report to all Durham Region municipalities. (All Wards)

Moved by Councillor Kolodzie, seconded by Councillor Nicholson, (264) “That Correspondence Request Item 2 from the City of Pickering concerning Provincial Offences Act revenue be received for information.” CARRIED 3. Oshawa Accessibility Advisory Committee (OAAC), Cyndie Sproul, Chair,

forwarding OAAC’s resolution requesting Council endorse implementing a Resident Accessibility Recognition Award. (All Wards)

Moved by Councillor Cullen, seconded by Councillor Henry, (265) “That City Council endorse the implementation of a Resident Accessibility Recognition Award Program to be administrated by the Oshawa Accessibility Advisory Committee for presentation at Council’s annual special meeting concerning accessibility issues.” CARRIED 4. Oshawa Accessibility Advisory Committee (OAAC), Cyndie Sproul, Chair,

forwarding OAAC’s recommendation that Oshawa Council take up the Mayor of Sarnia’s Challenge to Ontario Mayors to do the right thing and hire persons who have a disability. (All Wards)

Moved by Councillor Cullen, seconded by Councillor Henry, (266) “That Correspondence Item 4 from the Oshawa Accessibility Advisory Committee concerning the Mayor of Sarnia’s Challenge be referred to Human Resource Services for follow-up.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Henry, Kolodzie, Lutczyk, Marimpietri, Neal, Nicholson, Parkes, Pidwerbecki and Mayor Gray NEGATIVE – None Absent – Councillor Sholdra ADDITIONAL AGENDA ITEMS/MOTIONS Moved by Councillor Pidwerbecki, seconded by Councillor Parkes, (267) “That Committee of the Whole Report CM-10-19 concerning RlnC North Oshawa Park and Michael Starr Trail Improvements - Award of Tender C2010-049, North Oshawa Park Construction and By-law 33-2010 be added to the Consent Agenda for the April 26, 2010 Council meeting.” CARRIED

City Council Minutes - 228 - April 26, 2010 Moved by Councillor Lutczyk, seconded by Councillor Neal, (268) “That the following motion be added to the Consent Agenda:

‘1. That the Procedural By-law be amended so that only a simple majority vote is required for a delegation to speak to Council, whether in favour of a recommendation or opposed, when a report appears directly before Council without first having gone to Standing Committee; and,

2. That Notices of Motion and referrals from Council are to be listed first on

the agenda of Standing Committees; and, 3. When Council goes in-camera for a presentation, Councillors are to be

recognized for asking a question of the presenter only once.’.” CARRIED

PUBLIC CONSENT AGENDA

Moved by Councillor Pidwerbecki, seconded by Councillor Parkes, (269) “That all items listed under the heading of Consent Agenda for the April 26, 2010 public meeting be adopted as recommended except: Items 6 and 7 of the Thirty-fifth Report of the Development Services Committee; Item 7 of the Twenty-ninth Report of the Finance and Administration Committee; Committee of the Whole Reports CM-10-18 and CM-10-19; By-laws 17-2010 and 32-2010; and, Additional Motion to amend Council’s Procedural By-law.” CARRIED Councillor Parkes provided the City Solicitor with public documentation related to staff’s direction of April 6, 2010 to investigate legal liabilities related to the Downtown Oshawa Board of Management. Councillor Neal made a declaration of pecuniary interest concerning the matter referred to by Councillor Parkes as it relates to the Downtown Oshawa Board of Management (DOBM), and as his brother provides legal counsel to the DOBM he did not participate in discussion of the item. ADOPTION OF MINUTES That the minutes of the April 6, 8 (1:30 p.m. and 6:30 p.m.) and 19, 2010 City Council meetings be adopted. (CARRIED – See Page 228)

City Council Minutes - 229 - April 26, 2010 CORRESPONDENCE Correspondence – Received and Filed That correspondence listed in Appendix A to the Public Agenda for the April 26, 2010 City Council meeting be received and filed. (CARRIED – See Page 228) Correspondence None.

Advisory Committee Meeting Minutes 61. Heritage Oshawa Meeting Minutes

Recommendation (CARRIED – See Page 228)

That the minutes of the Heritage Oshawa January 28 and February 25, 2010 meetings be received for information.

62. Oshawa Accessibility Advisory Committee Meeting Minutes


That the minutes of the Oshawa Accessibility Advisory Committee meetings of February 23, 2010 and March 22, 2010 be received for information.

63. Oshawa Environmental Advisory Committee Minutes


That the minutes of the Oshawa Environmental Advisory Committee meeting of March 4, 2010 be received for information.

City Council Minutes - 230 - April 26, 2010 COMMITTEE REPORTS Report of the Development Services Committee The Development Services Committee respectfully reports and recommends to City Council its Thirty-fifth Report. 1. Stantec Consulting Ltd. – Notice of Study Commencement, Harmony Road from

Rossland Road to Conlin Road Class Environmental Assessment, Regional Municipality of Durham (DS-10-83) (All Wards) Recommendation (CARRIED – See Page 228) That Correspondence DS-10-83 dated March 26, 2010 from Gord Murray, Consultant Project Manager, Stantec Consulting Ltd. advising that due to growing traffic volumes along Harmony Road from Rossland Road northerly to Conlin Road, the Regional Municipality of Durham has initiated a Class Environmental Assessment for improvements to the roadway, be received for information.

2. Town of Whitby, Notice of Public Meeting – Application to Amend Whitby Official

Plan and Zoning By-law 1784 to Permit the Proposed Use of a Funeral Home Submitted by Steve (1995) Holdings Ltd. (DS-10-90) (All Wards)

Recommendation (CARRIED – See Page 228) 1. That Correspondence DS-10-90 from the Town of Whitby advising that a

public meeting will be held to consider applications to amend the Whitby Official Plan and Zoning By-law 1784, by changing the zone category on the subject property to permit the proposed use of a funeral home, as submitted by Steve (1995) Holdings Ltd, be received for information; and,

2. That staff be directed to send a letter to the Town of Whitby advising them

of the application Oshawa City Council recently approved on Taunton Road to permit a funeral home and to advise how other uses on Taunton Road may impact Oshawa.

City Council Minutes - 231 - April 26, 2010 3. Request for a Waiver of the Application Fee for Committee of Adjustment

Application A019/2010, 10 Simcoe Street North, Dan Carter Productions (DS-10-73) (Ward 5)

Recommendation (CARRIED – See Page 228) Whereas Dan Carter Productions has applied to the Committee of Adjustment to permit a television broadcasting studio at 10 Simcoe Street North which is planned to be open in the fall 2010; and, Whereas a television broadcasting studio use was a permitted in the previous zoning for the downtown but was inadvertently omitted as a permitted use from the downtown zoning when Zoning By-law 60-94 was passed in 1994; and, Whereas on April 6, 2010 City Council approved a resolution to advance the public process under the Planning Act to permit a television broadcasting studio in the CBD (Central Business District) Zone; and, Whereas the applicant needs to obtain a building permit and begin interior alterations for the television studio use at 10 Simcoe Street North soon in order to be open in the fall 2010 and cannot wait until the City-initiated rezoning process is complete; and, Whereas Dan Carter has requested that the fee be waived and the request is appropriate; Therefore in consideration of the foregoing be it resolved that the Committee of Adjustment application fee be waived for the proposed television broadcasting studio at 10 Simcoe Street North (File No. A019/2010).

4. Scheduling of a Public Information Centre: Presentation of Emerging Preferred

Land Use Plan for the Part II Plan for the Kedron Planning Area, Concept Plan for the North Kedron Industrial Area and Concept Plan for the East Windfields Industrial Area (DS-10-78) (Ward 7)

Recommendation (CARRIED – See Page 228) Whereas on April 12, 2010 the Development Services Committee received a presentation from the consultant undertaking the preparation of the Part II Plan for the Kedron Planning Area, Concept Plan for the North Kedron Industrial Area and Concept Plan for the East Windfields Industrial Area on the Proposed Preferred Land Use Plan and Concept Plans; and,

City Council Minutes - 232 - April 26, 2010

Whereas on February 7, 2005, Council directed that Council authorization is required prior to staff or Standing Committees conducting public meetings unless required by Statute; and Whereas the holding of a Public Information Centre on the Proposed Preferred Land Use Plan for the Part II Plan for the Kedron Planning Area, Concept Plan for the North Kedron Industrial Area and Concept Plan for the East Windfields Industrial Area is appropriate and consistent with the approved terms of reference for the study processes; Therefore, staff be authorized by the Development Services Committee to advertise and schedule a Public Information Centre on May 6, 2010 on the Proposed Preferred Land Use Plan and Concept Plans, hosted by the consultant, starting at approximately 7:00 p.m. in the gymnasium of Kedron Public School, which will involve a presentation from the consultant on the Proposed Preferred Land Use Plan and Concept Plans followed by an opportunity for public comments. Notice of the Public Information Centre is to be provided a minimum of two weeks in advance of the meeting through an advertisement in the Oshawa This Week and Oshawa Express newspapers, by mail to all property owners within the study area and within 120 metres (400 ft.) of the study area and by posting on the City website.

5. Amendment to Agreement with 2199957 Ontario Inc. for Redevelopment of

70 King Street East (DS-10-91) (Ward 5)

Recommendation (CARRIED – See Page 228) Whereas 2199957 Ontario Inc. has purchased the Genosha Hotel at 70 King Street East with the intent of repurposing the building for commercial and residential uses; and, Whereas the City has committed to providing assistance under the Central Business District Community Improvement Plan subject to a number of conditions including a requirement that all improvements, interior and exterior, must be complete and the property ready for occupancy as determined by the City’s Chief Building Official by September 1, 2010; and, Whereas 2199957 Ontario Inc. has commenced construction but has advised it has run into unforeseen construction delays; and, Whereas 2199957 Ontario Inc. advises it will achieve partial occupancy (non residential space) by September 1, 2010; and, Whereas 2199957 Ontario Inc. has requested an extension to April 30, 2011, the date all improvements, interior and exterior, must be complete and the property ready for occupancy as determined by the City’s Chief Building Official;


Therefore, be it resolved that the Development Services Committee recommend to City Council that the Redevelopment Agreement with 2199957 Ontario Inc. be amended to reflect that all improvements, interior and exterior, be complete and the property ready for occupancy as determined by the City’s Chief Building Official by April 30, 2011 and that the Mayor and Clerk be authorized to execute the amended Redevelopment Agreement.

6. Proposed Construction of Sidewalk on the South Side of Larry Avenue Between St. Patrick Street and Wilson Road North (DS-10-81) (Ward 7)

Recommendation (CARRIED – See Page 242) 1. That notwithstanding current City policy, the City not proceed to establish

a sidewalk on the south side of Larry Avenue between St. Patrick Street and Wilson Road North in conjunction with reconstruction of the street as outlined in Report DS-10-81 dated April 7, 2010; and,

2. That the impacted residents be advised of Council’s decision.

7. WIFI Service in Municipal Road Allowances, Pilot Project by Canada Smart

Homes (DS-10-79) (All Wards)

Recommendation (CARRIED – See Page 242) 1. That pursuant to Report DS-10-79 dated April 7, 2010 the City approve

the installation of equipment by Canada Smart Homes on utility poles in the municipal right-of-way that will provide free WIFI internet service in the Nonquon and Cedar/Wentworth neighbourhoods on a trial basis as a pilot project for a period of two (2) years, subject to the understanding that Canada Smart Homes will not be given the exclusive right to provide this service, and subject to the execution of a Servicing Agreement in a form satisfactory to the Commissioner of Development Services and City Solicitor and in accordance with said Report; and,

2. That staff evaluate the pilot project and report back on the results.

8. Extended Hours Program in Building Permits and Inspection Services

(DS-10-80) (All Wards)

Recommendation (CARRIED – See Page 228) 1. That pursuant to Report DS-10-80 dated April 7, 2010, the proposed

extended hours service in Building Permits and Inspection Services be implemented on a trial basis and staff report back on the results with a recommendation on whether to continue with such a program; and,


2. That all stakeholders, specifically building supply stores in the Oshawa

metro area, be so informed. 9. Outstanding Items Status Report (DS-10-74) (All Wards)

Recommendation (CARRIED – See Page 228) That Report DS-10-74, being the Development Services Committee’s Outstanding Items Status Report dated March 25, 2010, be received for information.

Report of the Finance and Administration Committee The Finance and Administration Committee respectfully reports and recommends to City Council its Twenty-Ninth Report. 1. Rosemary McConkey – Request to address the Finance and Administration

Committee Regarding a Waiving of Fees for Use of the Columbus Community Centre and Streetscape Improvements (FA-10-128) (Ward 7)


1. That Council waive its rules regarding the application process for waiving

of fees for the use of the Columbus Community Centre; and, 2. That the request from Rosemary McConkey for waiving of fees for all

events being held at the Columbus Community Centre be approved until June 1, 2010.

2. Accounts for the Month of January 2010 (FA-10-107) (All Wards)

Recommendation (CARRIED – See Page 228) That Report FA-10-107, Accounts for the Month of January 2010, dated March 17, 2010 be received for information.

3. Accounts for the Month of February 2010 (FA-10-108) (All Wards)

Recommendation (CARRIED – See Page 228) That Report FA-10-108, Accounts for the Month of February 2010, dated March 18, 2010 be received for information.

City Council Minutes - 235 - April 26, 2010 4. Request for Waiving of Fees – Various Applicants (FA-10-117) (All Wards)

Recommendation (CARRIED – See Page 228) That the summary of requests for waiving of fees presented in Table 1 of Report FA-10-117 dated April 8, 2010, be approved as recommended.

5. Request for Financial Assistance – Various Applicants (FA-10-118) (All Wards)


1. That the requests for financial assistance presented in Table 1 of Report

FA-10-118 dated April 8, 2010, be approved in the amounts recommended as they meet all Council approved criteria in the Financial Assistance Policy.

2. That the summary of requests for financial assistance presented in Table

2 of Report FA-10-118 dated April 8, 2010, not be approved as they do not meet all Council approved criteria in the Financial Assistance Policy.

6. Property Standards Complaint at 1040 Cedar Street, 280 Wentworth Avenue and

255 Porter Street (FA-10-123) (Ward 1)

Recommendation (CARRIED – See Page 228) Whereas on March 9, 2010 the Finance and Administration Committee considered a request by Tammy Maclean to have property standards debris complaints at 1040 Cedar Street, 280 Wentworth Street and 255 Porter Street, expedited in order to address health and disease concerns as well as neighbourhood image; and, Whereas the matter was referred to Municipal Law Enforcement and Licensing staff to report back when the properties are in compliance; and, Whereas Municipal Law Enforcement and Licensing staff attended the above properties and initiated remedial action to address those concerns; and, Whereas the above properties have been brought into compliance with the standards prescribed by the City’s Lot Maintenance and Property Standards By-laws, as of April 1, 2010; Therefore, the complaints from Tammy McLean regarding 1040 Cedar Street, 280 Wentworth Street, and 255 Porter Street be considered resolved and that Item 13 be removed from the Finance and Administration Committee’s Outstanding Items Status Report; and,


That Municipal Law Enforcement staff continue to monitor the conditions of these properties and respond to public complaints in an effective and prompt manner.

7. Follow up to Remuneration and Expenses for the Office of Mayor and Expenses

for the Office of the Mayor, Members of Council, and Council Appointees for 2009 (FA-10-125) (All Wards)

Recommendation (REFERRED – See Page 243) That Memorandum FA-10-125 dated April 9, 2010 from the Director, Finance Services be received for information.

Report of the Community Services Committee The Community Services Committee respectfully reports and recommends to City Council its Twenty- Fourth Report. 1. Scott Pigden – Request for Accessibility Improvements to Alexandra Park

(CS-10-70) (Ward 5) Recommendation (CARRIED – See Page 228) That Correspondence CS-10-70 dated March 27, 2010 from Scott Pigden expressing concern the City is delaying the necessary work required to make Alexandra Park accessible, be received for information.

2. Betsy Johnson – Loss of Kiss & Ride and Crosswalk, Sunset Heights (CS-10-76)

(All Wards)

Recommendation (CARRIED – See Page 228) That Correspondence CS-10-76 dated April 5, 2010 from Betsy Johnson requesting information regarding the crosswalk, kiss and ride and no parking/stopping zones in the vicinity of Sunset Heights Public School, be referred to staff for a direct response.

3. Quarterly Report to the Community Services Committee from the

Oshawa Central Council of Neighbourhood Associations and Sport Councils (CS-10-75) (All Wards)

Recommendation (CARRIED – See Page 228) That Correspondence CS-10-75, being minutes from OCCNA meetings held in the first quarter of 2010, be received for information.

City Council Minutes - 237 - April 26, 2010 4. Donna McAllister – Request for Accessibility Improvements to

Alexandra Park (CS-10-78) (Ward 5)

Recommendation (CARRIED – See Page 228) That Correspondence CS-10-78 dated April 7, 2010 expressing concern the City is delaying the necessary work required to make Alexandra Park accessible, be received for information.

5. Heritage Stick Agreement (CS-10-73) (All Wards)

Recommendation (CARRIED – See Page 228) 1. That based on Report CS-10-73 dated March 31, 2010, the City of

Oshawa enter into a licence agreement with Millwork & Building Supplies Limited for display and storage of the Heritage Stick at the Legends Centre; and,

2. That the Mayor and City Clerk be authorized to execute the licence

agreement satisfactory to the Commissioner, Community Services and City Solicitor with Millwork & Building Supplies Limited.

6. Proposed Parking Regulation Changes on Woodbine Avenue (CS-10-74) (Ward 7)

Recommendation (CARRIED – See Page 228) 1. That based on Report CS-10-74 dated March 31, 2010,

Traffic By-law 79-99, as amended, be further amended to prohibit parking, except by permit, on the north side of Woodbine Avenue from 8:00 a.m. to 5:00 p.m., Monday to Friday, and to prohibit parking at all times on the south side of Woodbine Avenue; and,

2. That a copy of this report be sent to the neighbourhood representative.

7. Outstanding Items Status Report (CS-10-72) (All Wards)

Recommendation (CARRIED – See Page 228) That Report CS-10-72, being the Community Services Committee’s Outstanding Items Status Report dated March 25, 2010, be received for information.

8. Indoor Skateboard Park (CS-10-44) (All Wards)

Recommendation (CARRIED – See Page 228) That Report CS-10-44 dated March 31, 2010 regarding the possibility of an indoor skateboard park, be received for information.

City Council Minutes - 238 - April 26, 2010 9. City Council Referral - Proposed Use of Property at the Oshawa Municipal

Airport for a Community Garden (CS-10-77) (All Wards)

Recommendation (CARRIED – See Page 228) That City Council Referral CS-10-77 regarding a community garden at the Oshawa Municipal Airport be referred to staff for implementation.

Report of the Strategic Initiatives Committee None. COMMITTEE OF THE WHOLE REPORTS 1. Bob Duignan, City Manager, submitting Report CM-10-17 concerning

reacquisition of 67 and 75 Simcoe Street North (Queens Market Square and Municipal Parking Lot 15) from the Vrancor Group (Ward 5)


1. That, pursuant to Report CM-10-17 dated April 21, 2010, the Mayor and

Clerk be authorized to execute an Agreement of Purchase and Sale with 6992897 Canada Inc. for the City to reacquire 67 and 75 Simcoe Street North (Queen’s Market Square and Municipal Parking Lot #15) for $2.00 in a form consistent with Attachment No. 1 to said Report and satisfactory to the City Solicitor.

2. That staff report back through the Development Services Committee on

possible go-forward options to advance a hotel development in the downtown after the above-noted transaction has closed.

2. Bob Duignan, City Manager, submitting Report CM-10-18 concerning Inside

Oshawa 2010 Edition (All Wards)

Recommendation (See Page 244) 1. That the draft layout and article content of the proposed 2010 Inside

Oshawa publication as set out in Attachment 1 to Report CM-10-18 dated April 21, 2010, be endorsed in principle and further, that the publication including any feedback from Council be referred back to staff for finalization and report to Council in May 2010; and,

2. That the Inside Oshawa publication be printed by Oshawa Express at an

estimated cost of $5,366; and,


3. That City Council provide direction on the distribution of the Inside

Oshawa publication:

a) Option 1 – Distributed by Canada Post to 62,521 houses, apartments, farms and businesses at an approximate cost of $6,440; or

b) Option 2 – Distributed by Oshawa This Week to 47,714 houses,

apartments and businesses at an approximate cost of $2,100; and, 4. That members of Council provide their 125-word statements (maximum)

for inclusion in the publication by noon on Friday, May 7, 2010.

3. Stan Bertoia, Commissioner, Community Services and Bob Duignan, City Manager submitting Report CM-10-19 concerning RlnC North Oshawa Park and Michael Starr Trail Improvements - Award of Tender C2010-049, North Oshawa Park Construction (All Wards) Recommendation (AMENDED – See Page 244) 1. That based on Report CM-10-19 dated April 21, 2010 the Manager,

Purchasing Services be authorized to award Tender C2010-049, North Oshawa Park Construction to Cambria Design Build in the amount of $2,619,296.27 including all taxes, being the lowest bidder meeting specifications;

2. That a construction contingency of $240,000 be approved for unforeseen

additional works; 3. That $115,000 for approved RlnC submission components being the North

Oshawa Park clubhouse building entrance renovation, Michael Starr Trail and splash pad improvements be tendered separately as this is more cost effective and efficient; and,

4. That $900,000 be transferred from the City funding for the Alexandra Park

Redevelooment RlnC Proiect to the North Oshawa Park Redevelopment Proiect and Michael Starr Trail Improvement Project.

City Council Minutes - 240 - April 26, 2010 MOTIONS That the City of Oshawa proclaim: April 30 to May 7, 2010 as ‘National Youth Week’;

May 2010 as ‘Hearing Awareness Month’; and, May 16 to 22, 2010 as ‘National Public Works Week’. (CARRIED – See Page 228) BY-LAWS 17-2010 A By-law to repeal and replace Purchasing By-law 67-2004, as amended.

(Implements direction of April 6, 2010 through Council resolution to replace Purchasing By-law 67-2004, as amended, except increasing department head threshold for securing professional and consulting services from $10,000 to $50,000; increasing City Manager threshold for securing professional and consulting services; and retaining the City Manager’s $500,000 threshold ($2,000,000 in the case of construction projects) for awarding Request for Proposals and Request for Tenders when Council has approved the work and the budget and the award is within budget.) (All Wards) (CARRIED – See Page 245)

27-2010 A Borrowing By-law. (Implements direction of April 6, 2010 through Item 15 of the

Twenty-seventh Report of the Finance and Administration Committee to authorize borrowing from time to time to meet current expenditures during the fiscal year ending December 31, 2010.) (All Wards) (CARRIED – See Page 228)

28-2010 A By-law to amend the Federal Tax Gas Funding Agreement.

(Implements direction of April 6, 2010 through Item 5 of the Twenty-seventh Report of the Finance and Administration Committee to authorize an amendment to the Funding Agreement for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities between the Association of the Municipalities of Ontario.) (CARRIED – See Page 228) (All Wards)

City Council Minutes - 241 - April 26, 2010 29-2010 A By-law to amend Zoning By-law 60-94.

(Implements direction of February 22, 2010 through Item 9 of the Thirty-first Report of the Development Services Committee to permit a professional office as an additional use at 160-162 Stevenson Road South, Dr. R. Chelin and Dr. D. Lott.) (Ward 4) (CARRIED – See Page 228)

30-2010 A By-law to amend Traffic By-law 79-99. (Implements direction of April 26, 2010 through Item 6 of the Twenty-fourth Report of the Community Services Committee to implement No Parking on the south side of Woodbine Avenue between Secretariat Avenue and Bridle Road and to prohibit parking at certain times and days except by parking permit on the north side of Woodbine Avenue between Secretariat Avenue and Bridle Road.) (Ward 7) (CARRIED – See Page 228)

31-2010 A By-law to amend Heritage Designation By-law 4-2001. (Implements direction of February 22, 2010 through Item 15 of the Thirty-first Report of the Development Services Committee to ensure the heritage designation only relates to the new lot occupied by the Regent Theatre building more specifically described as Part 3, Plan 40R-26093, 44-50 King Street East.) (Ward 5) (CARRIED – See Page 228)

32-2010 A By-law to amend Council Remuneration By-law 39-2005.

(Implements direction of April 6, 2010 through Item 12 of the Twenty-seventh Report of the Finance and Administration Committee to delete Section 2.02 related to additional remuneration for Local Councillors who represent two City wards; and, to delete the reference to Oshawa Transit Commission in Section 2.05; and, to amend Sections 3.01 and 5.03 to reflect recent legislative amendments to the length of Council’s term of office from three years to four years.) (All Wards) (CARRIED – See Page 245)

33-2010 A By-law to amend Zoning By-law 60-84.

(Implements direction of April 12, 2010 through approval of the application by the Development Services Committee to remove the ‘h-48’ holding symbol from the southerly portion of 1818 Simcoe Street North to permit commercial uses, Bhupendra Modi (1549890 Ontario Ltd.)) (Ward 7) (CARRIED – See Page 228)


DISCUSSION AGENDA MATTERS EXCLUDED FROM CONSENT AGENDA Councillor Neal temporarily left the meeting. Moved by Councillor Parkes, seconded by Councillor Lutczyk, (270) “That Council adopt Item 6 of the Thirty-fifth Report of the Development Services Committee.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Henry, Lutczyk, Nicholson, Parkes and Pidwerbecki NEGATIVE – Councillors Kolodzie, Marimpietri and Mayor Gray Absent – Councillors Neal and Sholdra Councillor Neal re-entered the meeting. Moved by Councillor Parkes, seconded by Councillor Lutczyk, (271) “That Council adopt Item 7 of the Thirty-fifth Report of the Development Services Committee.” CARRIED BY LATER VOTE Moved by Councillor Nicholson, seconded by Councillor Cullen, “That Item 7 of the Thirty-fifth Report of the Development Services Committee be amended by adding ‘and, that staff investigate the potential for partnerships to provide wireless capable computers to residents in the area served by the two pilot projects.” LOST ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen and Nicholson NEGATIVE – Councillors Henry, Kolodzie, Lutczyk, Marimpietri, Neal, Parkes, Pidwerbecki and Mayor Gray Absent – Councillor Sholdra Item 7 of the Thirty-fifth Report of the Development Services Committee CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Henry, Kolodzie, Lutczyk, Marimpietri, Neal, Nicholson, Parkes, Pidwerbecki and Mayor Gray NEGATIVE – None Absent – Councillor Sholdra

City Council Minutes - 243 - April 26, 2010 Moved by Councillor Nicholson, seconded by Councillor Henry, (272) “That Council adopt Item 7 of the Twenty-ninth Report of the Finance and Administration Committee.” REFERRED BY LATER MOTION Moved by Councillor Henry, seconded by Councillor Parkes, (273) “That Item 7 of the Twenty-ninth Report of the Finance and Administration Committee be amended by adding: ‘2. That no City funds be used to pay an Ontario Provincial Court fine of any type and all Executive and Legislative expenses be approved by the City Treasurer.’.” REFERRED BY LATER MOTION Councillor Cullen temporarily left the meeting. The motion was divided upon request to vote on each part separately. Councillor Neal temporarily left the meeting. Moved by Councillor Kolodzie, seconded by Councillor Pidwerbecki, “That the proposed amendment to Item 7 of the Twenty-ninth Report of the Finance and Administration Committee be referred to the Finance and Administration Committee.” LOST Councillor Neal re-entered the meeting. Councillor Pidwerbecki assumed the Chair. Moved by Councillor Nicholson, seconded by Mayor Gray, (274) “That the proposed amendment concerning Item 7 of the Twenty-ninth Report of the Finance and Administration Committee be amended by adding: ‘3. That staff prepare a line item report for all expenses incurred by Council members during this term of Council for the years 2006, 2007, 2008, 2009 and 2010.’.” REFERRED BY LATER MOTION Moved by Councillor Kolodzie, seconded by Councillor Lutczyk, “That Item 7 of the Twenty-ninth Report of the Finance and Administration Committee, the proposed amendment and proposed amendment to the amendment be referred back to the Finance and Administration Committee.” LOST ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Kolodzie, Lutczyk, Parkes and Pidwerbecki NEGATIVE – Councillors Henry, Marimpietri, Neal, Nicholson and Mayor Gray Absent – Councillors Cullen and Sholdra

City Council Minutes - 244 - April 26, 2010 Moved by Councillor Marimpietri, seconded by Councillor Neal, (275) “That Item 7 of the Twenty-ninth Report of the Finance and Administration Committee, the proposed amendment and proposed amendment to the amendment be referred to the Finance and Administration Committee.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Kolodzie, Lutczyk, Marimpietri, Neal, Parkes and Pidwerbecki NEGATIVE – Councillors Henry, Nicholson and Mayor Gray Absent – Councillors Cullen and Sholdra Mayor Gray resumed the Chair. Moved by Councillor Lutczyk, seconded by Councillor Kolodzie, (276) “That Council adopt the recommendation contained in Committee of the Whole Report CM-10-18 concerning the Inside Oshawa 2010 Edition and opt for distribution by Canada Post to 62,521 houses, apartments, farms and businesses at an approximate cost of $6,440.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Kolodzie, Lutczyk, Marimpietri, Parkes, Pidwerbecki and Mayor Gray NEGATIVE – Councillors Henry, Neal and Nicholson Absent – Councillor Sholdra Moved by Councillor Pidwerbecki, seconded by Councillor Parkes, (277) “That Council adopt the recommendation contained in Committee of the Whole Report CM-10-19 concerning RlnC North Oshawa Park and Michael Starr Trail Improvements - Award of Tender C2010-049, North Oshawa Park Construction.” AMENDED BY THE FOLLOWING MOTION Moved by Councillor Neal, seconded by Councillor Kolodzie, (278) “That the recommendation contained in Committee of the Whole Report CM-10-19 be amended by replacing the wording in Part 3 with the following: ‘3. That $115,000 be approved for RlnC submission components, included in the project, being the North Oshawa Park clubhouse building entrance renovation, Michael Starr Trail and splash pad improvements and be tendered separately as this is more cost effective and efficient;’.” CARRIED Committee of the Whole Report CM-10-19 CARRIED AS AMENDED.

City Council Minutes - 245 - April 26, 2010 Moved by Councillor Pidwerbecki, seconded by Councillor Parkes, (279) “That Council pass By-law 17-2010.” CARRIED Moved by Councillor Pidwerbecki, seconded by Councillor Parkes, (280) “That Council pass By-law 32-2010.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Henry, Kolodzie, Lutczyk, Marimpietri, Neal, Nicholson, Parkes, Pidwerbecki and Mayor Gray NEGATIVE – None Absent – Councillor Sholdra Moved by Councillor Pidwerbecki, seconded by Councillor Parkes, (281) “That Council adopt the Additional Motion to amend the Procedural By-law.” REFERRED BY THE FOLLOWING MOTION Moved by Councillor Kolodzie, seconded by Councillor Pidwerbecki, (282) “That the Additional Motion to amend the Procedural By-law be referred to the Finance and Administration Committee.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Henry, Kolodzie, Lutczyk, Neal, Nicholson, Parkes, Pidwerbecki and Mayor Gray NEGATIVE – Councillor Marimpietri Absent – Councillor Sholdra NOTICES OF MOTION Councillor Kolodzie provided the following motion:

“That all motions made by members of Council be written out for visualization and positive discussion and this motion be referred to the Finance and Administration Committee.”

Councillor Neal provided the following notice of motion:

“Whereas there are inconsistencies and lack of adequate information to the residents that live near or are adjacent property owners to large fill sites; and, Whereas a parcel of land at 618 Columbus Road East, Oshawa, originally zoned as agricultural land, was granted a permit by the Central Lake Ontario Conservation Authority (CLOCA) on September 2007 to exist as a large fill site;


and,


Whereas the contractor and owner of the property has once again applied to continue the filling operation, and the fill is being placed on agricultural land; and, Whereas a large fill site generates a large number of complaints from the adjacent property owners; Be it resolved that the City of Oshawa address the concerns of the residents in regards to the dust, noise, roads, road signage, road by-laws, wells and quality of life of the citizens of Oshawa adjacent to this site; and, this motion be referred to the Development Services Committee.”

CONFIRMING BY-LAW Moved by Councillor Pidwerbecki, seconded by Councillor Parkes, (283) “That the Confirming By-law be passed.” CARRIED 34-2010 A by-law to confirm the City Council meeting of April 26, 2010. Moved by Councillor Marimpietri, seconded by Councillor Cullen, (284) “That the meeting adjourn.” CARRIED The meeting adjourned at 9:00 p.m.

APPENDIX A CITY COUNCIL MINUTES

APRIL 26, 2010 For your information, the following correspondence received by the City Clerk was filed following City Council’s meeting of April 26, 2010:

1. Canadian Breast Cancer Foundation, Karen Malone, Vice-President, Community Fundraising thanking Oshawa Council for its Partnership Grant for in-kind services related to the CIBC Run for the Cure event to be held on October 3, 2010. (All Wards) (CARRIED – See Page 228)

2. Regional Municipality of Durham, P.M. Madill, Regional Clerk, forwarding

Regional Council’s resolution advising the existing traffic control signage at the intersection of Adelaide Avenue East (Regional Road 58) and Fleetwood Drive remains in effect and an all-way stop sign will not be implemented, and forwarding Regional Commissioner of Works Report 2010-W-15. (Wards 3 and 6) (CARRIED – See Page 228)

3. Regional Municipality of Durham, Planning Department, forwarding the 2009 Annual Building Permit Activity Review, dated March 2010. (All Wards) (http://www.durham.ca/departments/planning/stats-n-facts/building/2009/BPAR_JantoDec_09.pdf) (CARRIED – See Page 228)


Regional Council’s resolution to the President and CEO of the Nuclear Waste Management Organization in response to the draft discussion document entitled ‘Moving Forward Together: Designing the Process for Selecting a Site’, May 2009, requesting the site selection include: urgency and expeditiousness, be focused on areas that are geographically suitable, stakeholder support and participation, an assessment of the possibility a willing host can not be found, streamlined and clear processes, and Federal government approval be obtained in the event more than one nuclear fuel waste facility/repository is advanced. (CARRIED – See Page 228) (All Wards)

5. Municipality of Clarington, Patti Barrie, Municipal Clerk, forwarding Clarington

Council’s resolution endorsing Regional Council’s resolution to the President and CEO of the Nuclear Waste Management Organization in response to the draft discussion document entitled ‘Moving Forward Together: Designing the Process for Selecting a Site’, May 2009. (All Wards) (CARRIED – See Page 228)

http://www.durham.ca/departments/planning/stats-n-facts/building/2009/BPAR_JantoDec_09.pdf

Appendix A continued April 26, 2010 File A-2120 Page 249


Regional Council’s resolution to the Ministry of the Environment in response to EBR Posting 010-8766 concerning the content and preparation of source protection plans related to drinking water management requesting various changes in consideration that municipalities are the key delivery partners including that regulatory language be clarified; permanent funding be arranged for staffing, data management systems, and enforcement; risk management plans be developed; and financial incentives and technical assistance be made available to residents in intake protection zones and wellhead protection areas. (CARRIED – See Page 228) (All Wards)

7. Municipality of Clarington, Patti Barrie, Municipal Clerk, forwarding Clarington

Council’s resolution endorsing Regional Council’s resolution to the Ministry of the Environment in response to EBR Posting 010-8766 concerning the content and preparation of source protection plans related to drinking water management. (CARRIED – See Page 228) (All Wards)

8. Regional Municipality of Durham, Nestor Chornobay, Director, Strategic Planning

Branch, forwarding Regional Planning Commissioner’s Report 2010-P-21, ‘Monitoring of Growth Trends’. (All Wards) (CARRIED – See Page 228)

9. Town of East Gwillimbury, Fernando Lamanna, Deputy Clerk, forwarding East

Gwillimbury Council’s resolution receiving Oshawa Council’s resolution to the to the Ministry of the Environment opposing issuance of a Notice of Completion concerning the York Residual Waste Study Amended Environmental Assessment (energy from waste facility). (All Wards) (CARRIED – See Page 228)

10. City of Pickering, Debbie Shields, City Clerk, advising that Pickering Council

received for information Oshawa Council’s resolution to the Ministry of the Environment opposing issuance of a Notice of Completion concerning the York Residual Waste Study Amended Environmental Assessment (energy from waste facility). (All Wards) (CARRIED – See Page 228)

11. Town of Ajax, Blair Labelle, Manager, Legislative Services/Deputy Clerk,

advising that Ajax Council received for information Oshawa Council’s resolution to the Ministry of the Environment opposing issuance of a Notice of Completion concerning the York Residual Waste Study Amended Environmental Assessment (energy from waste facility). (All Wards) (CARRIED – See Page 228)


12. Community Development Council Durham, Rebecca Fortin, Community

Development Coordinator, thanking Oshawa Council for participating in the ‘Day for Awareness for a Poverty Free Durham’ and forwarding a media release providing details of the April 8, 2010 awareness campaign. (All Wards) (CARRIED – See Page 228)

13. Town of Ajax, Blair Labelle, Manager, Legislative Services/Deputy Clerk,

advising Ajax Council received for information Oshawa Council’s resolution to the Province requesting an extension to conform the Oshawa Official Plan to the Provincial Growth Plan. (All Wards) (CARRIED – See Page 228)

14. Regional Municipality of Durham, P.M. Madill, Regional Clerk, advising Regional

Council received for information Oshawa Council’s resolution to the Province requesting an extension to conform the Oshawa Official Plan to the Provincial Growth Plan. (All Wards) (CARRIED – See Page 228)

15. Municipality of Clarington, Patti Barrie, Municipal Clerk forwarding Clarington

Council’s resolution to the Minister of Energy and Infrastructure requesting an extension be granted to conform the Clarington Official Plan to the Provincial Growth Plan by amending the June 16, 2010 deadline to June 10, 2011. (CARRIED – See Page 228) (All Wards)


Regional Council’s resolution to the Minister of Municipal Affairs and Housing providing Notice regarding a public meeting to consider a by-law that would place a question on the October 25, 2010 Regional Municipality of Durham election ballot asking electors if they are in favour of Regional Council passing the necessary resolutions and by-laws to change the method of selecting its Chair from appointment by the members of Regional Council to election by general vote of all electors in the Region; and, forwarding Regional Report 2010-A-7. (CARRIED – See Page 228) (All Wards)

17. Town of Whitby, Debi Wilcox, Town Clerk, forwarding Whitby Council’s resolution

requesting that in the event the Region proceeds with a question on the ballot concerning the direct election of the Regional Chair that a public communications plan be developed in order to ensure the electors are well informed about the question on the ballot and that based on Regional Council’s resolution of March 10, 2010 no further action be taken. (All Wards) (CARRIED – See Page 228)


18. Township of Scugog, Kim Coates, Clerk, forwarding a legal opinion provided by

Loopstra Nixon as Scugog Council’s comments concerning the direct election of the Regional Chair and the Region’s intention to pass a by-law to submit a question to the electors and to local municipalities within Durham requesting their support, and to the Minister of Municipal Affairs for Information. (All Wards) (CARRIED – See Page 228)

19. Regional Municipality of Durham, P.M. Madill, Regional Clerk, forwarding a

Notice of Decision advising Regional Council decided on March 31, 2010 to approve the adopted Township of Scugog Official Plan with modifications save and expect for certain deferred portions, and advising the decision is final if a notice of appeal is not received by the Regional Clerk by 5:00 p.m. on April 29, 2010. (All Wards) (CARRIED – See Page 228)

20. Township of Scugog, Kim Coates, Clerk, forwarding Scugog Council’s

endorsement of Oshawa Council’s resolution that the Municipal Elections Act be changed so that candidates cannot register until after March 30 of the election year, thereby allowing people’s business to be conducted first and foremost. (CARRIED – See Page 228) (All Wards)

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