OSHAWA CITY COUNCIL MINUTES – MAY 22, 2007 Page...

OSHAWA CITY COUNCIL MINUTES – MAY 22, 2007 Page 263 Minutes of a meeting of the Council of the City of Oshawa held in the Committee Meeting Room on May 22, 2007 at 3:30 p.m. Mayor Gray and Councillors Cullen, Henry, Kolodzie, Lutczyk, Marimpietri (left at 8:50 p.m.), Neal, Nicholson, Pidwerbecki and Sholdra (left at 9:32 p.m.) were present. Councillor Parkes was absent. Mayor Gray presided. DECLARATIONS OF PECUNIARY INTEREST Councillor Neal made a declaration of pecuniary interest concerning Item 2 of the Eighteenth Report of the Development Services Committee and Item 1 of the Twentieth Report of the Development Services Committee as his wife is employed by OPUC Networks Inc. and temporarily left the meeting during discussion of the matters, and concerning Committee of the Whole Report CM-07-29 as his wife is employed by OPUC Networks Inc. and did not take part in discussion or voting on the matter. Moved by Councillor Marimpietri, seconded by Councillor Lutczyk, (379) “That the meeting be closed to the public in order to discuss confidential legal and property matters.” CARRIED All Council members were present for closed meeting discussions. Also present were S. Kranc, City Clerk, B. Duignan, City Manager, T. Hodgins, Commissioner of Development Services, R. Stockman, Commissioner of Corporate Services, D. Potts, City Solicitor, M. Kemerer, Solicitor, R. Foster, Auditor General, C. Brown, Director of Finance, D. Powell, Director of Information Technology Services, D. Mawby, Manager of Applications Support, D. Lyon, Manager of Purchasing Services, R. Bosch, Consultant, B. Jeffs, Customer Service Manager, D. Carnegie, Director of Human Resource Services, C. Symons-Milroy, Director of Economic Development, R. Schatz, Real Estate Manager, A. Corbeil, Committee Coordinator, and K. Bressan, Council Meeting Co-ordinator. All members of the public left the meeting. Closed meeting discussions were held. Councillor Neal temporarily left the meeting. Closed meeting discussions continued. Councillor Neal re-entered the meeting. Closed meeting discussions took place. All staff left the meeting except S. Kranc, City Clerk, B. Duignan, City Manager, T. Hodgins, Commissioner of Development Services, R. Stockman, Commissioner of Corporate Services, D. Potts, City Solicitor, D. Carnegie, Director of Human Resource Services, C. Brown, Director of Finance, and M. Kemerer, Solicitor.

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Closed meeting discussions were held. C. Brown, Director of Finance, M. Kemerer, Solicitor, and D. Potts, City Solicitor, left the meeting. Closed meeting discussions continued. Moved by Councillor Lutczyk, seconded by Councillor Marimpietri, (380) “That Council rise from the closed meeting.” CARRIED PRESENTATIONS None. DELEGATIONS/DELEGATION REQUESTS Delegations None. Delegation Requests None. CONFIDENTIAL CORRESPONDENCE REQUESTS 1. Oshawa Senior Citizens Centres, Gloria Goard, President, forwarding their 2007

nomination for Oshawa’s Senior of the Year Award. (All Wards) Moved by Councillor Lutczyk, seconded by Councillor Marimpietri, (381) “That City Council approve the nomination of Bill Askew as Oshawa Senior of the Year.” CARRIED ADDITIONAL AGENDA ITEMS/MOTIONS Moved by Councillor Nicholson, seconded by Councillor Kolodzie, (382) “That Confidential Report CM-07-31 from the City Manager concerning a confidential property matter be added to the May 22, 2007 closed consent agenda.” CARRIED


Moved by Councillor Henry, seconded by Councillor Lutczyk, (383) “That the Twentieth Report of the Development Services Committee be added to the May 22, 2007 closed consent agenda.” CARRIED

CONSENT AGENDA Moved by Councillor Nicholson, seconded by Councillor Kolodzie, (384) “That all items listed under the heading of Consent Agenda for the May 22, 2007 closed meeting be adopted as recommended except Committee of the Whole verbal reports 1 and 2, concerning a property and personnel matter, respectively.” CARRIED CONFIDENTIAL CORRESPONDENCE None. CONFIDENTIAL COMMITTEE REPORTS Report of the Development Services Committee The Development Services Committee respectfully reports and recommends to City Council its Eighteenth Report 1. Council Education Session re. Medican site (DS-07-130) (Ward 2)

Recommendation (CARRIED - See Page 265) That a Council Education Session be held within one month concerning the Medican Site.

2. Lease renewal by City to Oshawa PUC Networks Inc., 100 Simcoe Street South (DS-07-117) (Ward 2)

Recommendation (CARRIED - See Page 265) That the City enter into a new lease with Oshawa PUC Networks Inc. for a 5-year term subject to the terms and conditions included in the Report of the Commissioner of Development Services, DS-07-117 dated May 2, 2007, said lease to be in a form and content satisfactory to the City Solicitor; and that the Mayor and Clerk be authorized to execute the agreement.


3. Sale of Walter Avenue road allowance (DS-07-118) (Ward 6)

Recommendation (CARRIED - See Page 265) 1. That Parts 1, 2, 3 and 4, Plan 40R-22673 and Block 162, Plan 40M-2309,

(together the “Lands”), be declared potentially surplus to municipal requirements and that staff be directed to advertise the disposition of the said Lands pursuant to the Report of the Commissioner of Development Services, DS-07-118, dated May 2, 2007.

2. That, in the event no written comments are received as a result of the

advertisement, the Lands be declared surplus to municipal requirements and that staff be directed to proceed with the sale and transfer of the Lands in accordance with Parts 2 and 3 of this recommendation without the need for a further report, By-law 97-2000 notwithstanding.

3. That the Mayor and Clerk be authorized to execute an Agreement of

Purchase and Sale as outlined in Report DS-07-118 together with other documents necessary to give effect to the sale, for Parts 1, 2 and 3, Plan 40R-22673 and Block 162, Plan 40M-2309, and all documents to be in a form and content satisfactory to the City Solicitor.

4. That staff be directed to convey Part 4, Plan 40R-22673, as outlined in

Report DS-07-118 and that the Mayor and Clerk be authorized to execute all necessary documents to give effect to the conveyance; all documents shall be in a form and content satisfactory to the City Solicitor.

The Development Services Committee respectfully reports and recommends to City Council its Twentieth Report 1. Conveyance of lands within the Fox Street Right-of-Way to SmartCentres and

the authorization of amendments to the principles in the Tripartite Agreement (DS-07-143) (Ward 2)

Recommendation (CARRIED – See Page 265) 1. That, in the event the expropriation of the Fox Lands (as defined in Report

DS-07-143) is successful, and the existing owner of the Fox Lands does not exercise a right of first refusal, the City convey the Remaining Lands in accordance with Report DS-07-143.

2. That the City assume ownership of the GO Lands (as defined in Report

DS-07-143) for the purpose of operating and maintaining the Roadway. 3. That the procedural requirements of By-law 97-2000 be waived to permit

the disposition of the remaining lands in accordance with Report DS-07-143.;


4. That the Mayor and Clerk be authorized to execute the Agreement in the

general form attached as Exhibit No. 2. Report of the Finance and Administration Committee The Finance and Administration Committee respectfully reports and recommends to City Council its Third Report. 1. Exception Student Achievement Award (FA-07-16) (Ward 3)

Recommendation (CARRIED - See Page 265) That the 2007 Exceptional Student Achievement Award in the amount of $500 be awarded to Jonathan Cahill, Dr. F.J. Donevan Collegiate Institute.

2. Request for Proposal C1176-06, Customer Relationship Management Software

(FA-07-27) (Companion Report to Public Report FA-07-13) (All Wards) Recommendation (CARRIED - See Page 265) That Report FA-07-27 from the Commissioner, Corporate Services be received for information.

Report of the Community Services Committee None. Report of the Strategic Initiatives Committee None. COMMITTEE OF THE WHOLE REPORTS 1. Rick Stockman, Commissioner of Corporate Services, to provide a verbal status

report concerning outstanding items with respect to a confidential property matter. (All Wards)

(See Page 268) 2. D. Carnegie, Director of Human Resource Services, to provide a verbal status

report concerning contract negotiations. (All Wards) (See Page 268)


3. Bob Duignan, City Manager, submitting Report CM-07-31 concerning a Licence

Agreement with Ontario Infrastructure Projects Corporation re Durham Consolidated Courthouse Sod Turning Ceremony. (Ward 5)

Recommendation (CARRIED – See Page 265) That Council authorize the Mayor and Clerk to execute a licence agreement with Ontario Infrastructure Projects Corporation as agent for the Province for the purpose of a sod turning ceremony respecting the Durham Consolidated Courthouse in the form of licence agreement satisfactory to the City Manager in consultation with the City Solicitor.

DISCUSSION AGENDA MATTERS EXCLUDED FROM CONSENT AGENDA R. Stockman, Commissioner of Corporate Services, provided a verbal report concerning a confidential property matter. M. Kemerer, Solicitor, provided a verbal report concerning a property matter. D. Carnegie, Director of Human Resource Services, provided a verbal report concerning contract negotiations. Moved by Councillor Neal, seconded by Councillor Henry, (385) “That staff proceed as directed concerning contract negotiations.” CARRIED Moved by Councillor Lutczyk, seconded by Councillor Neal, (386) “That the meeting recess.” CARRIED The meeting recessed at 4:35 p.m. and reconvened at 6:30 p.m. in the Council Chamber. All Council members were present except Councillor Parkes.

PUBLIC AGENDA ADDITIONAL BLESSING Pastor Rob Denhoed, Harmony Road Baptist Church gave the additional blessing.


ANNOUNCEMENTS FROM COUNCIL MEMBERS Councillor Kolodzie listed free activities available to residents during the month of June in celebration of ‘Parks and Recreation Month’ and encouraged everyone to participate. Councillor Kolodzie also announced this week is ‘Public Works Week’, held to increase citizen awareness of the infrastructures and services provided through municipal public works. He advised there will be a Public Works staff appreciation barbeque held on Thursday, May 24, 2007 at the City Yard. Councillor Cullen announced the Strong Communities Coalition will be hosting a public information session this Thursday evening at 7:00 p.m. in the Council Chamber concerning the funding gap for health care and social services in the 905/GTA area. Councillor Lutczyk announced that the turnout for tours of Her Majesty’s Canadian Ship ‘Halifax’ during its 1-day stay in Oshawa was phenomenal as 4,000 people toured the ship, comparably over 3 days in Toronto with an attendance of 1,400 and over 3 days in Montreal with an attendance of 2,300 visitors. Councillor Marimpietri reminded interested citizens to attend the ‘Young Eagles Program’ on June 9th at Oshawa Municipal Airport where children ages 8 to 17 can have a flying experience, adding the rain date for the event is June 10, 2007. Councillor Marimpietri encouraged interested motorcyclists to participate in ‘Ride for Prostate Cancer Awareness’ on June 9th scheduled to kick-off from Mackey Harley Davidson and ending in Scugog. Mayor Gray announced Council approved Bill Askew’s nomination as Oshawa’s Senior of the Year. (See Page 264) DECLARATIONS OF PECUNIARY INTEREST Councillor Neal made a declaration of pecuniary interest concerning Item 7 of the Fourteenth Report of the Community Services Committee and Item 3 of the Twenty-first Report of the Development Services Committee as his wife is employed by OPUC Networks Inc. and did not take part in discussion or voting on the matters. PRESENTATIONS Jamie Taylor was recognized as Kiwanis’ 2006 Firefighter of the Year. Chief Steve Meringer introduced Jamie Taylor and provided a brief background of his career to date. Jeremy Taylor was presented with a Certificate of Recognition for assisting his family during a fire emergency in August 2006. Ontario Minor Hockey Association (OMHA) Championship team players and Head Coach Darin Whalen were presented with OMHA medallions and Certificates of Recognition.


DELEGATIONS/DELEGATION REQUESTS Delegations None. Delegation Requests 1. Ken Ferrill requesting to address City Council in opposition to Item 13 of the

Fourteenth Report of the Community Services Committee concerning the advancement in priority of Waverly Street North on the Neighbourhood Traffic Management Status List. (Ward 4)

Moved by Councillor Marimpietri, seconded by Councillor Neal, (387) “That Ken Ferrill be heard.” CARRIED ON A 2/3 VOTE OF MEMBERS PRESENT Ken Ferrill addressed City Council concerning Item 13 of the Fourteenth Report of the Community Services Committee expressing concerns with traffic on Waverly Street from Adelaide to Annapolis Avenues. Ken Ferrill expressed he is concerned with the volume of traffic which increases considerably during peak periods when drivers attempt to avoid traffic signals on Thornton and Stevenson Roads. He stated the speed of vehicles varies between 50 and 120 km/hour with occasional side-by-side street racing. Ken Ferrill requested that Waverly Street be moved up in priority on the Neighbourhood Traffic Management Status List with a view to reducing the speed limit in that area. Council members questioned Ken Ferrill. Councillor Marimpietri temporarily left the meeting. PUBLIC MEETING None. CORRESPONDENCE REQUESTS 1. Wilfried Schwartz forwarding correspondence in support of banning small

polluters like the chiminea, and requesting Council consider how peaceful our communities would be if unnecessary sources of noise and air pollution were eliminated such as gas-powered lawnmowers and trimmers. (All Wards)

Moved by Councillor Lutczyk, seconded by Councillor Pidwerbecki, (388) “That Correspondence Request Item 1 from Wilfried Schwartz be received for information.” CARRIED


2. Pastor David Schwinghammer, College Park Seventh-Day Adventist Church,

requesting College Park’s Gathering of Hope organizing committee be permitted to hang a banner on the exterior wall of the Council Chamber to announce the second annual ‘Gathering of Hope’ concert and city-wide food drive to be held at Memorial Park on Saturday, June 2, 2007 from 11:00 a.m. to 8:00 p.m. (Ward 2)

Moved by Councillor Pidwerbecki, seconded by Councillor Kolodzie, (389) “That Correspondence Request Item 2 from College Park Seventh-Day Adventist Church requesting to hang a banner on the exterior wall of the Council Chamber to announce the second annual ‘Gathering of Hope’ concert and city-wide food drive to be held at Memorial Park on Saturday, June 2, 2007 from 11:00 a.m. to 8:00 p.m. be approved.” CARRIED Councillor Marimpietri re-entered the meeting. ADDITIONAL AGENDA ITEMS/MOTIONS 1. Town of Ajax, Martha Pettit, Director of Legislative Services/Deputy Clerk,

forwarding Ajax Council’s resolution to the Regional Municipality of Durham concerning Regional Council’s composition for 2010 and requesting Oshawa Council’s endorsement. (All Wards)

Moved by Councillor Nicholson, seconded by Councillor Lutczyk, (390) “That Oshawa Council endorses Additional Correspondence Item 1 from the Town of Ajax supporting the addition of one Durham Regional Council member to each of Ajax, Clarington and Whitby as the preferred composition of Regional Council for 2010, and Regional Council and area municipalities be so advised.” CARRIED Moved by Councillor Henry, seconded by Councillor Nicholson, (391) “That the Twenty-first Report of the Development Services Committee be added to the May 22, 2007 public consent agenda.” CARRIED Moved by Councillor Nicholson, seconded by Councillor Marimpietri, (392) “That By-laws 58-2007 and 59-2007 be added to the May 22, 2007 public consent agenda.” CARRIED Moved by Councillor Kolodzie, seconded by Councillor Cullen, (393) “That Item 15 be added to the Fourteenth Report of the Community Services Committee.” CARRIED


PUBLIC CONSENT AGENDA Moved by Councillor Nicholson, seconded by Councillor Marimpietri, (394) “That all items listed under the heading of Consent Agenda for the May 22, 2007 public meeting agenda be adopted as recommended except: Items 3 and 7 of the Nineteenth Report and Items 1 and 4 of the Twenty-first Report of the Development Services Committee; Items 2, 20 and 22 of the Fourth Report of the Finance and Administration Committee; Items 5, 7, 8, 9, 10, 11 and 12 Fourteenth Report of the Community Services Committee; Items 2 and 4 of the Seventh Report of the Strategic Initiatives Committee; Committee of the Whole Report CM-07-29; and By-law 58-2007.” CARRIED ADOPTION OF MINUTES That the minutes of the April 19, 25 (Education Session and Council meeting), and 30, and May 4, 2007 City Council meetings be adopted. (CARRIED - See Page 272) CORRESPONDENCE 31. Livestock Valuer, Wesley Glaspell, submitting a report and affidavit concerning

Allan Connell’s claim for $700 for four barbadian sheep killed by a coyote(Ward 7)

Recommendation (CARRIED - See Page 272) That the report of the Livestock Valuer, Wesley Glaspell, concerning Allan Connell’s claim for $700 for four barbadian sheep killed by a coyote be approved.

32. Livestock Valuer, Wesley Glaspell, submitting a report and affidavit concerning Allan Connell’s claim for $100 for one lamb killed by a coyote (Ward 7)

Recommendation (CARRIED - See Page 272) That the report of the Livestock Valuer, Wesley Glaspell, concerning Allan Connell’s claim for $100 for one lamb killed by a coyote be approved.

Correspondence – Received and Filed That correspondence listed in Appendix A to the Public Agenda for the May 22, 2007 City Council meeting be received and filed. (CARRIED - See Page 272)


COMMITTEE REPORTS Report of the Development Services Committee The Development Services Committee respectfully reports and recommends to City Council its Nineteenth Report 1. Ministry of Transportation, refined short list of Highway 407 route alternatives and

Highway 407 East Environmental Assessment Project Schedule (DS-07-114) (Ward 7)

Recommendation (CARRIED - See Page 272) That correspondence dated April 10, 2007 from Dan Remollino, Senior Project Engineer, 407 East Environmental Assessment, Ministry of Transportation on the 407 East Environmental Assessment Study that the Ministry of Transportation is currently undertaking which includes examining all transportation opportunities, including roads and transit to address transportation needs within Durham Region and surrounding areas for the next 30 years and beyond be received for information.

2. Amarjit Kuera, request for assistance re building a Personal Care Home for

Seniors (DS-07-120) (Ward 1)

Recommendation (CARRIED - See Page 272) That correspondence dated April 25, 2007 from Amarjit Kuera requesting assistance from the City of Oshawa in the form of granting a piece of land or financial assistance to build a personal care home for seniors be received for information.

3. John Street East Extension, Class Environmental Assessment Study, Environmental Study Report, City of Oshawa (DS-07-121) (Ward 2)

Recommendation (CARRIED - See Page 293) 1. That the City of Oshawa endorse the John Street East Extension

Environmental Assessment Study – Environmental Study Report, dated April 2007, including the technically preferred alignment and design plan for the John Street East extension and alterations to Eulalie Avenue pursuant to the report of the Commissioner of Development Services, DS-07-121, dated May 2, 2007.


2. That City staff be authorized to file the completed Environmental Study

Report in the public record with the Ministry of Environment and to make the Environmental Study Report available for viewing in the offices of City Clerk Services and Planning Services and on the City’s website for a minimum 30 day period.

3. That a copy of the report of the Commissioner of Development Services,

DS-07-121, dated May 2, 2007, be forwarded to the Ministry of Environment and the Region of Durham.

4. That, subject to any required approval by the Ministry of Environment, staff

be authorized to advance the detailed design/implementation process for the John Street East extension as set out in report of the Commissioner of Development Services, DS-07-121, dated May 2, 2007.

4. Application for a Variance to Sign By-law 72-96, 789 Taunton Road East,

Scholar’s Choice (DS-07-116) (Ward 6)

Recommendation (CARRIED - See Page 272) Whereas Scholar’s Choice has applied for a variance to Sign By-law 72-96 to permit three additional fascia signs (The Teachers’ Store, Canada’s Neighbourhood and Toy Store) on the east elevation of the building whereas the sign by-law only permits one fascia sign for each premise facing a street line; and, Whereas the additional signs are considered appropriate for the Scholar’s Choice store which is located in a building within the interior of a large shopping centre development; and, Therefore, the application for a variance to Sign By-law 72-96 submitted by Scholar’s Choice (File SV-04/2007) to permit three additional fascia signs on the east elevation of the building at 789 Taunton Road East, be approved.

5. April 2007 Building Permit Statistics (DS-07-125) (All Wards)

Recommendation (CARRIED - See Page 272) That Report DS-07-125 dated May 2, 2007, from the Commissioner of Development Services regarding the April 2007 building permit statistics be received for information.


6. Engineer's Report 07-02, Colborne Street East (DS-07-119) (Ward 5)

Recommendation (CARRIED - See Page 272) That staff be authorized to commence the notification process required under Ontario Regulation 119/03 to advise of City Council's intent to pass a Local Improvement Charges Bylaw at the Council meeting of June 11, 2007 for the construction of Colborne Street East, west limit to Oshawa Boulevard North.

7. Oshawa Environmental Advisory Committee (OEAC), Proposed Terms of

Reference (DS-07-79) (All Wards)

Recommendation (AMENDED - See Page 295) 1. That the Terms of Reference for the Oshawa Environmental Advisory

Committee dated May 2, 2007, which appear as Attachment No. 1 to the report of the Commissioner, Development Services, DS-07-79, dated May 2, 2007, be approved.

2. That staff be authorized to advertise membership opportunities on the

Oshawa Environmental Advisory Committee. 3. That staff report back on the persons who have applied to be members of

the Oshawa Environmental Advisory Committee in order for Council to formally select the members.

4. That the Council representation on the Committee be increased from one

to two. The Development Services Committee respectfully reports and recommends to City Council its Twenty-first Report 1. Proposed North Oshawa Residential Land Use Study and Interim Control By-law (DS-07-133) (Ward 7)

Recommendation (CARRIED – See Page 294) 1. That the Development Services Department be directed to undertake the

North Oshawa Residential Land Use Study to review land use policies, including the Official Plan, Part II/Secondary Plans and zoning by-law, for lands in the study area in the vicinity of UOIT as outlined in the report of the Commissioner of Development Services, DS-07-133, dated May 16, 2007.


2. That an interim control by-law be passed, pursuant to the Planning Act, for

the land use study area and for the purposes set out in the report of the Commissioner of Development Services, DS-07-133, dated May 16, 2007, for a one-year period.

3. That the Commissioner of Development Services be authorized to retain

the services of an outside consultant, as necessary, to assist in the study at a cost not to exceed $20,000 from the Corporate Contingency Account.

2. Agnes Walsh, Ron Duffy, Maureen and Alan Campbell, John and Lori Forbes,

Marcelino and Jennifer Mata, Ron and Neena Stauffer, Jeff Rogers, Russ Riesberry, Brian and Donna Forder, and Janet Abate submitting comments in support of Report DS-07-133, Proposed North Oshawa Residential Land Use Study and Interim Control By-law (DS-07-151) (Ward 7) Recommendation (CARRIED – See Page 272) That correspondence received by e-mail from Agnes Walsh, Ron Duffy, Maureen and Alan Campbell, John and Lori Forbes, Marcelino and Jennifer Mata, Ron and Neena Stauffer, Jeff Rogers, Russ Riesberry, Brian and Donna Forder, and Janet Abate submitting comments in support of Report DS-07-133, Proposed North Oshawa Residential Land Use Study and Interim Control By-law, be received for information.

3. Application for removal of “h” Holding Symbol, north side of Champlain Avenue,

west of Stevenson Road South, Oshawa South Developments Inc. (DS-07-138) (Ward 2)

Recommendation (CARRIED – See Page 272) Whereas on September 11, 2006, Council passed an amendment to Zoning By-law 60-94 (By-law 121-2006) (the “Zoning By-law”) to change the zoning of the lands located on the north side of Champlain Avenue, west of Stevenson Road South, from UR (Urban Reserve) to SPC-A(9) “h-44” (Special Purpose Commercial) to facilitate a major commercial development (the “Subject Development”) and to change zoning regulations for the entire SPC-A(9) zone; and, Whereas the Zoning By-law includes a holding symbol “h-44” to ensure the following conditions have been met in relation to the Subject Development: (a) Site plan approval is obtained from the City; (b) Appropriate arrangements shall be made for the provision of adequate

sanitary, water, storm and transportation services to serve this development to the satisfaction of the City and the Region of Durham;


(c) Appropriate arrangements are made for the acquisition and development

of the east-west collector road designated in the Oshawa Official Plan to the satisfaction of the City of Oshawa;

(d) Appropriate engineering and environmental studies are prepared that address any potential environmental impacts of the proposed development to the satisfaction of the City;

(e) Written confirmation is received from the Ministry of Transportation that the proposed development is acceptable;

(f) Written confirmation is received from GO Transit that the proposed development is acceptable;

(g) Written confirmation is received from Oshawa PUC Networks Inc. that suitable arrangements have been made for access to its storage yard; and,

(h) Written confirmation is received from Canadian Pacific Railways that suitable arrangements have been made for access; and,

Whereas the owner of the lands, Oshawa South Developments Inc., has satisfied the above conditions; Therefore, the “h-44” holding symbol be removed by by-law from the SPC-A (9) zoning for a portion of the lands on the north side of Champlain Avenue, west of Stevenson Road South, at the May 22, 2007 Council meeting.

4. Residential Assessments – Student Housing Rentals (DS-07-154) (All Wards)

Recommendation (CARRIED – See Page 294) That the Finance and Administration Committee be requested to investigate the appeal of all residential assessments on properties currently housing student rentals.


FINANCE AND ADMINISTRATION COMMITTEE The Finance and Administration Committee respectfully reports and recommends to City Council its Fourth Report. 1. Bill Longworth – Request that City Council prepare a Professional Information

Brochure to advise the public of the change to the Electoral System in Oshawa (FA-07-32) (All Wards) Recommendation (CARRIED - See Page 272) That correspondence Item FA-07-32 dated May 2, 2007 from Bill Longworth be received for information and referred for future consideration during preparation and implementation of the 2010 Municipal Election.

2. Municipal Property Assessment Corporation (MPAC) – Expanded Property

Inspection Program for 2007 (FA-07-33) (All Wards) Recommendation (CARRIED - See Page 294) That correspondence Item FA-07-33 received May 9, 2007 from Greg Martino, Municipal Property Assessment Corporation advising that MPAC is expanding its property inspection program for 2007 be received for Information.

3. Leora Smith and Curtis Smith – Request to address Committee concerning the

seizure of three pitbull puppies and male dog by Animal Services (FA-07-37) (Ward 2)

Recommendation (CARRIED - See Page 272) That correspondence Item FA-07-34 dated May 10, 2007 from Leora Smith and Curtis Smith requesting to address Committee concerning the seizure of three pitbull puppies and male dog by Animal Services be received for information.

4. John A. Walker, The Ontario Regiment (RCAC) – Request to add reference to

Colonel Sam McLaughlin’s regimental connection on Proclamation concerning ‘McLaughlin Day’, August 6, 2007 (FA-07-31) (All Wards)

Recommendation (CARRIED - See Page 272) That the following paragraph be permanently inserted as the fourth paragraph into the Proclamation concerning ‘McLaughlin Day’:

‘And whereas Colonel R.S. ‘Sam’ McLaughlin served the Ontario Regiment (RCAC) commissioned as Honorary Lieutenant-Colonel from 1921 until 1931 and as Honorary Colonel from 1931 until 1967 – Canada’s longest serving ‘Honorary Colonel’.’


5. Summary of Contracts Awarded During the Period April 1, 2007 to April 30, 2007 (FA-07-14-CM ) (All Wards)

Recommendation (CARRIED - See Page 272) That Report FA-07-14-CM, ‘Summary of Contracts Awarded During the Period April 1, 2007 to April 30, 2007’ be received for information.

6. Accounts for the month of March 2007 (FA-07-24 ) (All Wards)

Recommendation (CARRIED - See Page 272) That Report FA-07-24, ‘Accounts for the Month of March 2007’ be received for information.

7. Accounts for the month of April 2007 (FA-07-25) (All Wards)

Recommendation (CARRIED - See Page 272) That Report FA-07-25, ‘Accounts for the Month of April 2007’ be received for information.

8. Request for Financial Assistance – Oshawa Art Association – 39th Juried Art

Exhibition (FA-07-18) (All Wards) Recommendation (CARRIED - See Page 272) That the request for financial assistance from the Oshawa Art Association for their 39th Juried Art Exhibition for $200 as outlined in Report FA-07-18 be approved as it meets all the criteria established within the Request for Financial Assistance Policy.

9. Request for Waiving of Fees – College Park Seventh-Day Adventist Church

(FA-07-19) (All Wards) Recommendation (CARRIED - See Page 272) That the request for the waiving of fees totaling $303.84 for College Park Seventh-Day Adventist Church as outlined in Report FA-07-19 be approved as it meets all the criteria established within the Request for Waiving of Fees Policy.


10. Request for Waiving of Fees – City of Oshawa Employees United Way

Committee (FA-07-20) (All Wards) Recommendation (CARRIED - See Page 272) That the request for the waiving of fees totaling $310 for the City of Oshawa Employees United Way Committee as outlined in Report FA-07-20 be approved as it meets all the criteria established within the Request for Waiving of Fees Policy.

11. Request for Waiving of Fees – Oshawa Senior Citizens Centres (FA-07-21) (All Wards)

Recommendation (CARRIED - See Page 272) That the request for the waiving of fees totaling $413.34 for the Oshawa Senior Citizens Centres as outlined in Report FA-07-21 be approved as it meets all the criteria established within the Request for Waiving of Fees Policy.

12. Request for Waiving of Fees – Third Annual Ian Whyte Memorial Ball Hockey

Tournament (FA-07-22) (All Wards) Recommendation (CARRIED - See Page 272) That the request for the waiving of fees totaling $500 for the Third Annual Ian Whyte Memorial Ball Hockey Tournament as outlined in Report FA-07-22 be approved as it meets all the criteria established within the Request for Waiving of Fees Policy.

13. Request for Waiving of Fees – South Oshawa Community Day (FA-07-23) (All Wards)

Recommendation (CARRIED - See Page 272) That the request for the waiving of fees up to $500 for the South Oshawa Community Day as outlined in Report FA-07-23 be approved as it meets all the criteria established within the Request for Waiving of Fees Policy.

14. Regulation of Fees for Designated Driving Services (FA-07-09) (All Wards)

Recommendation (CARRIED - See Page 272) 1. That Report FA-07-09, Regulation of Fees for Designated Driving

Services, be received for information; and 2. That a copy of Report FA-07-09 be provided to Giuseppina Servagno.


15. Taxicab Cross-Border Service and Enforcement (FA-07-11) (All Wards)

Recommendation (CARRIED - See Page 272) 1. That Report FA-07-11 concerning taxicab cross-border service and

enforcement be received for information; and 2. That a copy of Report FA-07-11 concerning taxicab cross-border service

and enforcement be provided to Neal Mattice and the three Taxicab Brokers operating in Oshawa.

16. Amendments to By-laws 101-83, 12-83 and 69-2000 (FA-07-28) (All Wards)

Recommendation (CARRIED - See Page 272) 1. That By-law Number 101-83, as amended, being a by-law pursuant to the

Municipal Act and Police Services Act, to provide for the appointment of Municipal Law Enforcement Officers, be further amended by adding to Schedule “A” thereto the name of Kenneth Wilson.

2. That By-law Number 122-83, as amended, being a by-law pursuant to the

Planning Act and Police Services Act, to provide for the appointment of Municipal Law Enforcement Officers and Peace Officers to enforce zoning by-laws, be further amended by adding to Schedule “A” thereto the name of Kenneth Wilson.

3. That By-law Number 69-2000, as amended, being a by-law pursuant to

the Building Code Act and the Police Services Act, to provide for the appointment of Municipal Law Enforcement Officers to administer and enforce the property standards by-law by adding to Schedule “A” thereto the name of Kenneth Wilson.

17. 2007 Interim Tax Levy and Billing Ratification (FA-07-26) (All Wards)

Recommendation (CARRIED - See Page 272) That the 2007 Interim Tax Levy By-Law attached to Report FA-07-26 to implement and collect the interim tax levy be passed.

18. 2007 Property Tax Final Billing

Split Billing Uncapped Tax Class Properties (FA-07-29) (All Wards) Recommendation (CARRIED - See Page 272) That the tax rating by-law to provide for the billing and collection of the final 2007 tax levy for non-capped residential, farm and forest land properties attached to Report FA-07-29 be approved.


19. Naoum (Norman) Moufawad and James Lyon – Request to address Committee

concerning the licensing of taxi cabs and the Plate Issuance Eligibility List (PIEL) (FA-07-06 ) (All Wards)

Recommendation (CARRIED - See Page 272) That correspondence Item FA-07-06 dated April 2, 2007 from Naoum (Norman) Moufawad and James Lyon requesting to address Committee concerning the licensing of taxi cabs and the Plate Issuance Eligibility List (PIEL) be received for information.

20. Animal Licensing – Student Door-to-Door Sales (FA-07-15) (All Wards)

Recommendation (LOST - See Page 294) 1. That Report FA-07-15 regarding Animal Licensing Door-to-Door Sales be

received for information; 2. That Municipal Law Enforcement and Licensing Services staff be

authorized to hire four (4) temporary student employees to carry out door-to-door sales of animal licences, for a period of three (3) months in 2007 and a four (4) month period in subsequent years; and

3. That this program be funded from the sales of Animal Licences.

21. May 29, 2007 Finance and Administration Committee Meeting – Change in Start

Time (FA-07-41) (All Wards) Recommendation (CARRIED - See Page 272) That the Finance and Administration Committee meeting of May 29, 2007 start at 11:30 a.m. to deal with the Step 3 Grievance and the meeting recess until 3:30 p.m. or immediately following the 1:00 p.m. Community Services Committee meeting.

22. Request for Proposal C1176-06, Customer Relationship Management Software

(FA-07-13 ) (Companion Report to Closed Report FA-07-27) (All Wards) Recommendation (CARRIED - See Page 295) 1. That the Manager, Purchasing Services, be authorized to: commence

contract negotiations and proceed with an award to EMA/Lagan for the purchase and implementation of Customer Relationship Management software as outlined in Report FA-07-13; and to proceed with the acquisition of third party hardware and software, provided the total project does not exceed the upset limit of $650,000.

2. That funding for this project be provided from the Information Technology

Reserve.


3. That the Mayor and Clerk be authorized to execute an agreement in a

form that is acceptable to the City Solicitor. COMMUNITY SERVICES COMMITTEE The Community Services Committee respectfully reports and recommends to City Council its Fourteenth Report 1. AMO – Regarding Proposed Changes to the Waste Diversion Act (CS-07-109)

(All Wards)

Recommendation (CARRIED - See Page 272)

That correspondence CS-07-109, dated April 25, 2007, from the Association of Municipalities of Ontario be received for information.

2. Region of Durham – Regarding Regulation of Pesticide Use (CS-07-110) (All Wards)

Recommendation (CARRIED - See Page 272)

That correspondence CS-07-110, from the Region of Durham be referred to staff for consideration in the future report on a public process to develop a City of Oshawa pesticide elimination program for private property.

3. Traffic Control and Through Highway Modification at Various Locations (CS-07-106) (Wards 6 & 7)

Recommendation (CARRIED - See Page 272) 1. That Traffic By-law 79-99, as amended, be further amended by

incorporating the following intersection traffic controls:

INTERSECTION

WARD MAIN STREET

STREET PROPOSED FOR

CONTROL

PROPOSED CONTROL

6 Grand Ridge Avenue Langley Gate Stop 6 Hanmore Street/

Hanmore Court Baynes Avenue

Stop

6 Langley Circle/ Langley Gate

Langley Circle/ Taggart

Crescent (South Leg)

Stop


6 Langley Circle Taggart Crescent

(North Leg) Stop

6 Maddock Drive Baynes Avenue Yield 6 Maddock Drive Hanmore Street Stop 7 Birchview Drive Birchview Drive

(East Leg) Stop

7 Clearbrook Drive Blackwood Boulevard

Stop

7 Cordick Street Livesey Drive Stop 7 Eagle Ridge Drive Eagle Ridge Drive

(West Leg) Stop

7 Kingsfield Avenue/ Kingsfield Loop

Kingsfield Loop (North Leg)

Stop

7 McCue Drive Cordick Street Stop 7 McCue Drive Livesey Drive/

Livesey Court Stop

7 Ormond Drive Birchview Drive Stop 7 Rockcreek Drive Rockcreek Drive

(East Leg) Stop

2. That Traffic By-law 79-99, as amended, be further amended to incorporate

the following through highway designations as follows:

Road Between ClassificationGreenhill Avenue Wilson Road North to Harmony Road Collector Red Deer Avenue Eagle Ridge Drive to Clearbrook Drive Local

4. 2007 Smog Summit (CS-07-97) (All Wards)

Recommendation (CARRIED - See Page 272) 1. That Report CS-07-97 from the Commissioner of Community Services

concerning the 2007 Smog Summit be received for information; and, 2. That the Mayor or his designate attend the Smog Summit to represent the

City of Oshawa.


5. Capital Repairs Required on Camp Samac Swimming Pool’s Change Room (CS-07-102) (Wards 4 & 7)

Recommendation (CARRIED - See Page 295) 1. That funding in the amount of $8,000 for capital repairs required to Camp

Samac Swimming Pool’s Change Room, be approved; 2. That the funding for the capital repairs to the drain be applied to the 2007

Operating Budget, Recreational Programs, Camp Samac and the repairs to the roof be applied to the corporate roofing capital program; and,

3. That a copy of Report CS-07-102 from the Commissioner of Community

Services be sent to Scouts Canada, White Pine Council, Camp Samac.

6. Directive concerning Oshawa Jazz and Blues Festival Event 2007, Agreement with Eclipse Concerts Inc. (CS-07-111) (All Wards)

Recommendation (CARRIED - See Page 272) 1. That City Staff be authorized to engage Eclipse Concerts Inc. in

accordance with the agreement prepared by the City’s Legal Services Branch included as Attachment 1 to Report CS-07-111 from the Commissioner of Community Services, for the Oshawa Jazz and Blues Festival Event 2007; and,

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

7. Funding for LED Traffic Signal Re-Lamping Program (CS-07-104) (All Wards)

Recommendation (CARRIED - See Page 295) 1. That the City of Oshawa proceed with the conversion of 29 traffic signals

from incandescent to LED lamps over a three-year period (2007 – 2009) with funding in the amount of $50,000 for 2007; $50,000 for 2008; and $36,000 for 2009 from the Federal Gas Tax Reserve contingent on receiving $25,000 from the Oshawa Power and Utilities Corporation (OPUC) in 2007;

2. That the OPUC be requested to provide an additional $25,000 in funding

for 2008 and $18,000 in 2009 to continue its support of the LED Traffic Signal Re-Lamping Program; and,

3. That the City of Oshawa set aside in the appropriate reserve account a

portion of the operating savings each year to ensure sufficient funding is available to replace the LED lamps at the end of their ten-year life cycle.


8. City Ice Needs – Oshawa Arena Services Study (CS-07-101) (All Wards)

Recommendation (PART 1 CARRIED, PART 2 LOST - See Page 295) 1. That Report CS-07-101, dated April 30, 2007, entitled ‘City Ice Needs -

Oshawa Arena Services Study’ from the Commissioner of Community Services and the ‘Oshawa Arena Services Study’ prepared by The RETHINK GROUP, December 2006 be endorsed; and,

2. That staff report back on an Ice Facility Rationalization Plan including

consideration to reduce 1.5 to 2.0 ice pads for implementation September 2008.

9. Motion to remove item from Community Services Committee Outstanding Items

Status Report (CS-07-105) (Ward 2) Recommendation (CARRIED - See Page 296) Whereas the following notice of motion was referred to the Operational Services Committee:

‘That whereas a new accessible playground was installed at Radio Park on June 10, 2006;

Whereas access to the playground can be challenging for those with mobility disadvantages; Be it resolved that the City of Oshawa install new sidewalk sections with curb ramping and that a new paved handicapped parking space be added as well, as shown in Diagram CM-06-44;’

Whereas the issue was referred to staff to review alternatives for improved sidewalk connections and accessible parking spaces for Radio Park, and incorporate them into the 2007 reconstruction plans for Grenfell Street;

Whereas staff have completed a design which includes all necessary sidewalk improvements and ramps as well as accessible parking on-street convenient to the playground, and this approach is consistent with City policies and has been discussed and is supported by the Ward Councillor and the Accessibility Program Coordinator; and,

Whereas the reconstruction of Grenfell Street adjacent to Radio Park has been approved in the 2007 capital budget, with construction expected to take place in the 2007 construction season;

It is recommended that this item be removed from the Community Services Committee’s Outstanding Items Status Report.


10. Setting out of Returnable Containers for Curbside Residential Collection of Residual Waste (CS-07-98) (All Wards) Recommendation (CARRIED - See Page 297) 1. That the tabled item ‘That the City discontinue the collection of waste in

returnable containers effective April 2, 2007 and that notice be provided to households that are currently putting out returnable containers’ be lifted from the table;

2. That Council adopt Option 1 presented in Report CS-07-98 from the

Commissioner of Community Services, being a consistent City-wide program for bagged curbside collection of residual waste; and,

3. That staff continue to work with the Oshawa Accessibility Advisory

Committee, the Oshawa Senior Citizens Centres and CUPE 250 to implement a refuse collection from containers for households program and the criteria to be reported back to Committee at a future meeting.

11. Construction of Sidewalk on the south side of Kilmaurs Avenue between Nova

Street and Townline Road North (CS-07-108) (Ward 6) Recommendation (CARRIED - See Page 297) That a sidewalk not be installed on Kilmaurs Avenue.

12. Review of Parking for Councillors at City Hall (CS-07-103) (Ward 2) Recommendation (AMENDED - See Page 297) 1. That 6 non-assigned spaces plus 1 accessible space be reserved in the

underground parking garage at City Hall for Councillors; and, 2. That the estimated cost of $1,000 for the required signing and pavement

marking changes be funded from the Department’s 2007 Operating Budget.

13. Waverly Street Review - Status Update (CS-07-107) (Ward 4)

Recommendation (CARRIED - See Page 272) That the ranking of Waverly Street North on the Neighbourhood Traffic Management Status List be advanced and that the schools and park in the immediate area be included in the consideration.


14. Public Walkways Chainlink Fence Removal (CS-07-95) (All Wards)

Recommendation (CARRIED - See Page 272) 1. That a Pilot Project to lift chainlink fencing adjacent to two public walkways

above ground level by 15 cm (6 in.) for improved maintenance activities in 2007 be endorsed; and

2. That a chainlink fencing program be reviewed by staff in 2007 and

considered to be included as a potential increase in the 2008 Operating Budget to address the concerns outlined in Report CS-07-95 from the Commissioner of Community Services.

15. Annual Update of Subsidization for Recreation Program Services (CS-07-100) (All Wards)

Recommendation (CARRIED - See Page 272) That Report CS-07-100, dated May 1, 2007, from the Commissioner of Community Services, entitled ‘Subsidization for Recreation Program Services’ be received for information.

Report of the Strategic Initiatives Committee The Strategic Initiatives Committee respectfully reports and recommends to City Council its Seventh Report 1. Paula Beebe and Dan Carter, Channel 12 – Request to address Committee

concerning the Channel 12/City of Oshawa Advertising Campaign (SIC-07-21) (All Wards)

Recommendation (CARRIED - See Page 272) That the presentation and correspondence dated April 16, 2007 from Paula Beebe, Account Executive, Channel 12 requesting to address Committee concerning the Channel 12/City of Oshawa Advertising Campaign be referred to staff for report in conjunction with our current ongoing advertising/marketing communication corporate strategy.


2. Edna Klazek, Chief Executive Officer, United Way of Ajax-Pickering-Uxbridge

and Sue MacLeod, Campaign Manager United Way of Oshawa-Whitby-Clarington-Brock & Scugog on behalf of the Strong Communities Coalition - Presentation concerning the Inequities in Funding for Health and Social Services in the 905/GTA Areas (SIC-07-18) (All Wards)

Tariq Asmi, Executive Director, GTA/905 Healthcare Alliance – Better Hospital and Health Care Services for residents of the City of Oshawa (SIC-07-15) (All Wards) Resolution in Support of Strong Communities Coalition (SIC-07-21) (All Wards) Recommendation (CARRIED - See Page 298) Whereas the Strong Communities Coalition (SCC) is an alliance of the United Ways of Durham, Halton (Oakville), Peel and York and the GTA/905 HealthCare Alliance with the support of York Region Human Services Planning coalition and the Peel Fair Share Task Force whose goal is to improve local and timely access and equitable and sustainable provincial funding policies and formulae for comprehensive and quality health care and social services in the GTA/905 communities; and Whereas the Regions of Durham, Halton, Peel and York are undergoing a population surge, expected to continue for the next 20 years with increasing cultural and socio-economic diversity and pressures on the GTA/905 social service and health infrastructure; and Whereas all Ontarians need and deserve timely and local access to health and social services to ensure their complete participation in the economy, to create and sustain thriving communities that attract investment and jobs, and to reduce crime rates and decrease health care costs over the long term; and Whereas there is a sizeable and growing gap in health and social service annual operating funding between the GTA/905 and the rest of Ontario meaning the GTA/905 communities are not as healthy and vibrant as they could be; and Whereas the audit by PricewaterhouseCoopers for the SCC has identified a large and growing per capita funding gap for health and social services (a comparison of existing funding levels in the GTA/905 compared to the provincial average), more specifically the total annual funding gap for provincially funded health care services in the 905 GTA has grown to more than $990 million while the social services funding gap is over $550 million, for a total projected funding gap of over $1.5 billion; and Whereas Places to Grow, the Province’s plan for managing growth and developing strong, vibrant communities, identifies the GTA/905 as "one of the fastest growing regions in North America" and the economic engine of the Golden Horseshoe and will guide decisions regarding development, land use and


infrastructure, it does not address essential health and social service needs of this rapidly growing area and therefore may be at risk of not realizing its objectives and potential; and Whereas Ontario’s health and social services funding is primarily allocated on the basis of historical patterns, not taking into consideration population growth and demographics, and attempts to do so have been ad hoc (Best Start Program) and not sustained, resulting in a cumulative funding inequity, Therefore be it resolved that Oshawa City Council request that the Government of Ontario take immediate steps to: 1. Provide immediate growth funding for health and social services in the

GTA/905 regions Durham, Halton, Peel and York, and 2. Revise the method by which it allocates funding for health and social

services across Ontario to ensure that it is population-based, specifically distributed on the basis of population size, growth and characteristics, and

3. Develop a health and social services strategy for Ontario's high-growth

regions to complement ‘Places to Grow’ and that this strategy be developed in consultation with the GTA/905 stakeholders, including members of the Strong Communities Coalition; and

Further that a copy of this resolution be forwarded to all Durham Region municipalities, the Regions of Peel, York and Halton, Durham MPs and MPPs, the Minister of Health and Long Term Care, the Minister of Community and Social Services, the Minister of Municipal Affairs and the Strong Communities Coalition.

3. Mary Dunlop, Executive Director, Durham Youth Housing & Support Services –

Request to address Committee concerning the opening of a Youth Centre in Durham Region (SIC-07-19) (All Wards) Recommendation (CARRIED - See Page 272) That the presentation and correspondence dated April 27, 2007 from Mary Dunlop, Executive Director, Durham Youth Housing & Support Services requesting to address Committee concerning the opening of a Youth Centre in Durham Region be received for information.


4. Modification to Durham Region Transit Bus Routes in Ward One (SIC-07-22)

(All Wards) Recommendation (CARRIED - See 8) That Durham Region Transit be requested to modify 2 bus routes in south Oshawa as per the resolution adopted by the former Oshawa Transit Commission.

COMMITTEE OF THE WHOLE REPORT 1. B. Duignan, City Manager, submitting Report CM-07-29 concerning Conant

Complex, 115 Grassmere Street (Ward 1) Recommendation (CARRIED - See Page 298) That the previously approved $500,000 and an additional $98,000 required for the Conant Complex as outlined in the report of the City Manager, CM-07-29, dated May 16, 2007 be funded from the proceeds received from the OPUC special dividend.

CONSENT MOTIONS “That the City of Oshawa proclaim:

May 28 to June 1, 2007 as ‘Bike to Work Week’;

June 11 to 16, 2007 as ‘National Blood Donor Week’; and

July 6 to 8, 2007 as ‘Family Fishing Weekend’.” (CARRIED - See Page 272) BY-LAWS That By-laws 51-2007 to 59-2007 be approved. 51-2007 A By-law to amend Traffic By-law 79-99

(Implements direction of May 22, 2007 through Item 3 of the Fourteenth Report of the Community Services Committee to implement traffic control signals at various locations and to designate Greenhill Avenue and Red Hill Avenue as through highways.) (Wards 6 and 7) (CARRIED - See Page 272)


52-2007 A By-law to provide for implementation and collection of an interim tax levy

for 2007. (Implements direction of May 22, 2007 through Item 17 of the Fourth Report of the Finance and Administration Committee to provide for the billing and collection of an interim tax levy for 2007.) (All Wards) (CARRIED - See Page 272)

53-2007 A By-law to establish the Tax Rates for 2007.

(Implements direction of May 22, 2007 through Item 18 of the Fourth Report of the Finance and Administration Committee to adopt the estimates of all sums required to be raised by taxation for the year 2007 and to establish the Tax Rates necessary to raise those sums.) (All Wards) (CARRIED - See Page 272)

54-2007 A By-law to amend By-law 101-83. (Implements direction of May 22, 2007 through Item 16 of the Fourth

Report of the Finance and Administrative Committee to amend Schedule ‘A’ by adding the appointment of Kenneth Wilson as Municipal Law Enforcement Officer.) (All Wards) (CARRIED - See Page 272)


Report of the Finance and Administrative Committee to amend Schedule ‘A’ by adding the appointment of Kenneth Wilson as Municipal Law Enforcement Officer and Peace Officer to enforce Zoning By-laws.) (CARRIED - See Page 272) (All Wards)


Report of the Finance and Administrative Committee to amend Schedule ‘A’ by adding the appointment of Kenneth Wilson as Municipal Law Enforcement Officer to administer and enforce the Property Standards By-law.) (All Wards) (CARRIED - See Page 272)

57-2007 A By-law to assume certain highways for public use. (Implements direction of July 21, 2003 through Item 10 of the Seventeenth Report of the Development Services Committee to assume Beatrice Street East, Beatrice Street East as Blocks 3 to 8, inclusive, Plan 40M-2008, and Grandview Street North as Block 2, Plan 40M-2008.) (Ward 6) (CARRIED - See Page 272)


58-2007 An Interim Control By-law.

(Implements direction of May 22, 2007 through Item 1 of the Twenty-first Report of the Development Services Committee to pass an interim control by-law where Council has directed that the North Oshawa Residential Land Use Study be undertaken in respect of land use planning policies, including the Official Plan, Part II/Secondary Plans and zoning by-law, for lands in the study area in the vicinity of UOIT.) (Ward 7) (CARRIED - See Page 298)

59-2007 A By-law to amend Zoning By-law 60-94. (Implements direction of May 22, 2007 through Item 4 of the Twenty-first Report of the Development Services Committee to lift the ‘h-44’ holding symbol for certain lands on the northside of Champlain Avenue, west of Stevenson road South, Oshawa South Developments Inc.) (Ward 2) (CARRIED - See Page 272)

DISCUSSION AGENDA MATTERS EXCLUDED FROM CONSENT AGENDA Moved by Councillor Henry, seconded by Councillor Lutczyk, (395) “That Council adopt Item 3 of the Nineteenth Report of the Development Services Committee.” CARRIED Moved by Councillor Henry, seconded by Councillor Lutczyk, (396) “That Council adopt Item 7 of the Nineteenth Report of the Development Services Committee.” CARRIED AS AMENDED BY LATER VOTE City Council conducted nominations for the appointment of two Councillors to the Oshawa Environmental Advisory Committee. Moved by Councillor Nicholson, seconded by Councillor Neal, (397) “That Item 7 of the Nineteenth Report of the Development Services Committee be amended by replacing Part 4 with the following: ‘4. That Councillors Marimpietri and Nicholson be appointed as Council’s representation on the Oshawa Environmental Advisory Committee.’.” CARRIED Item 7 of the Nineteenth Report of the Development Services Committee CARRIED AS AMENDED.


Moved by Councillor Henry, seconded by Councillor Lutczyk, (398) “That Council adopt Item 1 of the Twenty-first Report of the Development Services Committee.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Henry, Kolodzie, Lutczyk, Marimpietri, Neal, Nicholson, Pidwerbecki, Sholdra and Mayor Gray NEGATIVE – None Absent – Councillor Parkes Moved by Councillor Neal, seconded by Councillor Nicholson, (399) “That whereas there are a number of single family homes being allowed to be changed from single family to rooming house and lodging house, Be it resolved that Council enforce its own by-laws immediately to stop conversions of land use from single detached dwellings to lodging houses and rooming houses and to ensure compliance with the renovation and conversion building permit freeze and interim by-law.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Henry, Kolodzie, Lutczyk, Neal, Nicholson and Mayor Gray NEGATIVE – Councillors Cullen, Marimpietri, Pidwerbecki and Sholdra Absent – Councillor Parkes Moved by Councillor Henry, seconded by Councillor Lutczyk, (400) “That Council adopt Item 4 of the Twenty-first Report of the Development Services Committee.” CARRIED Moved by Councillor Lutczyk, seconded by Councillor Kolodzie, (401) “That Council adopt Item 2 of the Fourth Report of the Finance and Administration Committee.” CARRIED Moved by Councillor Lutczyk, seconded by Councillor Kolodzie, “That Council adopt Item 20 of the Fourth Report of the Finance and Administration Committee.” LOST ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Henry, Kolodzie, Marimpietri, Pidwerbecki and Mayor Gray NEGATIVE – Councillors Cullen, Lutczyk, Neal, Nicholson and Sholdra Absent – Councillor Parkes


Moved by Councillor Lutczyk, seconded by Councillor Kolodzie, (402) “That Council adopt Item 22 of the Fourth Report of the Finance and Administration Committee.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Henry, Kolodzie, Lutczyk, Marimpietri, Neal Nicholson, Pidwerbecki, Sholdra and Mayor Gray NEGATIVE – None Absent – Councillor Parkes Moved by Councillor Kolodzie, seconded by Councillor Cullen, (403) “That Council adopt Item 5 of the Fourteenth Report of the Community Services Committee.” CARRIED AFFIRMATIVE – Councillors Cullen, Henry, Kolodzie, Lutczyk, Marimpietri, Neal Nicholson, Pidwerbecki, Sholdra and Mayor Gray NEGATIVE – None Absent – Councillor Parkes Moved by Councillor Kolodzie, seconded by Councillor Cullen, (404) “That Council adopt Item 7 of the Fourteenth Report of the Community Services Committee.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Henry, Kolodzie, Lutczyk, Marimpietri, Nicholson, Pidwerbecki, Sholdra and Mayor Gray NEGATIVE – None Declaration of Interest – Councillor Neal Absent – Councillor Parkes Moved by Councillor Kolodzie, seconded by Councillor Cullen, (405) “That Council adopt Item 8 of the Fourteenth Report of the Community Services Committee.” PART 1 CARRIED, PART 2 LOST BY LATER VOTES


The motion was divided upon request to vote on each part separately. Part 1 of Item 8 of the Fourteenth Report of the Community Services Committee CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Henry, Kolodzie, Lutczyk, Marimpietri, Pidwerbecki, Sholdra and Mayor Gray NEGATIVE – Councillors Neal and Nicholson Absent – Councillor Parkes Part 2 of Item 8 of the Fourteenth Report of the Community Services Committee LOST ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Henry, Kolodzie, Pidwerbecki, Sholdra and Mayor Gray NEGATIVE – Councillors Cullen, Lutczyk, Marimpietri, Neal and Nicholson Absent – Councillor Parkes Moved by Councillor Cullen, seconded by Councillor Neal, (406) “That the meeting recess.” CARRIED The meeting recessed 8:50 p.m. and reconvened at 9:05 p.m. All Council members were present except Councillors Marimpietri and Parkes. Moved by Councillor Kolodzie, seconded by Councillor Cullen, (407) “That Council adopt Item 9 of the Fourteenth Report of the Community Services Committee.” CARRIED Moved by Councillor Kolodzie, seconded by Councillor Cullen, (408) “That Council adopt Item 10 of the Fourteenth Report of the Community Services Committee.” CARRIED BY LATER VOTE Moved by Councillor Lutczyk, seconded by Councillor Neal, “That Item 10 of the Fourteenth Report of the Community Services Committee be amended to add ‘4. Whereas current regulations limit the waste put out on a resident’s curb to 4 bags with a maximum weight limit of 20 kg each or 80 kg in total; and, Whereas very few bags ever weigh 20 kg; and, Whereas many elderly and disabled place small bags of garbage, commonly known as ‘kitchen catchers’, into a rollable bin and often exceeding four in total over two weeks of accumulation; and,


Whereas garbage is compacted and levied fees on the disposal of garbage is based on weight; and, Whereas residents are often left having to place their smaller bags into larger bags in order to meet the by-law limitation of four bags thereby adding unnecessarily more plastic bags to landfill; Be it resolved that the current Refuse By-law be further amended so that residents may place any number of bags at the curb for disposal as long as the total weight does not exceed 80 kg.’.” LOST Moved by Councillor Nicholson, seconded by Councillor Lutczyk, “That Item 10 of the Fourteenth Report of the Community Services Committee be amended to add ‘4. That the implementation date for Option 1, as outlined in Part 2, be established at the first day of the month following Council approval of the program outlined in Part 3 for those citizens with accessibility issues but with a minimum 30 days notice.” LOST Item 10 of the Fourteenth Report of the Community Services Committee CARRIED. Moved by Councillor Kolodzie, seconded by Councillor Cullen, (409) “That Council adopt Item 11 of the Fourteenth Report of the Community Services Committee.” CARRIED BY LATER VOTE Councillor Cullen submitted a petition containing eight signatures in support of the recommendation contained in Item 11 of the Fourteenth Report of the Community Services Committee concerning sidewalk construction on Kilmaurs Avenue. Item 11 of the Fourteenth Report of the Community Services Committee CARRIED. Moved by Councillor Kolodzie, seconded by Councillor Cullen, (410) “That Council adopt Item 12 of the Fourteenth Report of the Community Services Committee.” CARRIED AS AMENDED BY LATER VOTE Moved by Councillor Nicholson, seconded by Councillor Neal, (411) “That Part 2 of Item 12 of the Fourteenth Report of the Community Services Committee be amended by replacing ‘$1,000’ with the words ‘up to $200’.” CARRIED Item 12 of the Fourteenth Report of the Community Services Committee CARRIED AS AMENDED.


Moved by Councillor Pidwerbecki, seconded by Councillor Marimpietri, (412) “That Council adopt Item 2 of the Seventh Report of the Strategic Initiatives Committee.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Henry, Kolodzie, Lutczyk, Neal, Nicholson, Pidwerbecki, Sholdra and Mayor Gray NEGATIVE – None Absent – Councillor Marimpietri and Parkes Moved by Councillor Pidwerbecki, seconded by Councillor Marimpietri, (413) “That Council adopt Item 4 of the Seventh Report of the Strategic Initiatives Committee.” CARRIED Moved by Councillor Nicholson, seconded by Councillor Cullen, (414) “That Council adopt Report CM-07-29 from the City Manager concerning additional funding for the Conant Complex at 115 Grassmere Street.” CARRIED Moved by Councillor Nicholson, seconded by Councillor Neal, (415) “That Council approve By-law 58-2007.” NOTICES OF MOTION Moved by Councillor Nicholson, seconded by Councillor Lutczyk, (416) “That the rules of procedure be waived to introduce a motion concerning the naming of a Canadian Naval Ship.” CARRIED ON A 2/3 VOTE OF MEMBERS PRESENT Moved by Councillor Lutczyk, seconded by Councillor Henry, (417) “That whereas the City of Oshawa has contributed significant personnel, material, training facilities and other support to the Defence of Canada over the course of the City’s history; and, Whereas His Majesty’s Canadian Ship Oshawa was named and commissioned on July 6, 1944 as a warship in Canada’s Navy, and de-commissioned in 1966; and, Whereas on May 2, 2007 the most recent visit to Oshawa by a warship, HMCS Halifax, proved an overwhelming success and showed great support by Oshawa’s citizens to the Navy; and, Whereas the next new warships are scheduled for delivery to the Navy starting in 2012 under the Joint Support Ship program;


Be it resolved that the Council of the City of Oshawa request that the first such vessel be named HMCS Oshawa.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Henry, Kolodzie, Lutczyk, Neal Nicholson, Pidwerbecki, Sholdra and Mayor Gray NEGATIVE – None Absent – Councillor Marimpietri and Parkes Councillor Sholdra left the meeting. Councillor Neal gave the following notice of motion:

“That whereas a number of university and college cities in Ontario have Town and Gown Committees; and, Whereas all the cities have issues that involve the host city and the residents and the universities and colleges; Therefore be it resolved that university and college cities’ Mayors and University Presidents form a Mayor/University President Ontario Town and Gown Task Force; and, That this motion be forwarded to all university and college cities in Ontario for endorsement, and this motion be forwarded to the Finance and Administration Committee.”

CONFIRMING BY-LAW Moved by Councillor Nicholson, seconded by Councillor Lutczyk, (418) “That the Confirming By-law be approved.” CARRIED 60-2007 A By-law to confirm the City Council meeting of May 22, 2007. ADJOURN Moved by Councillor Lutczyk, seconded by Councillor Cullen, (419) “That the meeting adjourn.” CARRIED The meeting adjourned at 9:35 p.m.

APPENDIX A CITY COUNCIL MINUTES

MAY 22, 2007 For your information, the following correspondence received by the City Clerk was filed following City Council’s meeting of May 22, 2007: 1. Josie Pascoe forwarding correspondence opposing the general vote system of

election. (All Wards) (CARRIED - See Page 272)

2. Bill Longworth forwarding correspondence in opposition to the by-law to

implement a general vote system of election. (All Wards) (CARRIED - See Page 272)

3. Paul-André Larose forwarding correspondence opposing Council’s decision to

implement the general vote system of election. (All Wards) (CARRIED - See Page 272)

4. OMERS, David Kingston, Chair, forwarding their 2006 Annual Report. (All Wards)

(CARRIED - See Page 272) 5. Municipality of Clarington, Patti Barrie, Municipal Clerk, forwarding

correspondence to the Minister of Health and Long-Term Care endorsing Oshawa Council’s resolution concerning Local Health Integration Networks and the under-funding of Lakeridge Health Corporation. (All Wards) (CARRIED - See Page 272)

6. Township of Scugog, Andrew Doersam, Principal Planner, forwarding their

Notice of Public Meeting for May 28, 2007 to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to proposed amendments to their Official Plan. (All Wards) (CARRIED - See Page 272)

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

certified copies of their 2007 Tax and Tax Levy By-laws: 33-2007 to set and levy tax rates and tax levy rates for general purposes; 34-2007 to set and levy rates of taxation for Regional Solid Waste Management; 35-2007 to set and levy rates of taxation for the Durham Region Transit Commission; and, 36-2007 to establish tax ratios and to specify the percentage by which tax rates are to be reduced for prescribed property subclasses. (All Wards) (CARRIED - See Page 272)

8. Regional Municipality of Durham, Deb Bowen, Deputy Clerk, forwarding

correspondence to Paul-André Larose confirming his appointment to serve on the Transit Advisory Committee for the term of Regional Council as the area representative for the City of Oshawa. (All Wards) (CARRIED - See Page 272)

Appendix A continued May 22, 2007 File A-2120 Page 301

9. Bill Longworth forwarding a list of thirty-seven ‘Facebook.com’ discussion forums

and advising more sites are under development for citizens to use to communicate concerning topics of importance to their communities. (All Wards) (CARRIED - See Page 272)

10. British Columbia Ministry of Health, Laurie Woodland, Executive Director,

Healthy Living/Chronic Disease Prevention, Population Health and Wellness, forwarding correspondence advising of actions their province has taken to reduce industrially produced trans fat. (All Wards) (CARRIED - See Page 272)

11. City of Pickering, Debi Bentley, City Clerk, forwarding Pickering Council’s

resolution to the Prime Minister in support of a public and independent due diligence review of the Greater Toronto Airports Authority’s Master Plan for the Federal Lands in Pickering including consideration of the impact of future economic and environmental factors; and, further, requesting the Federal Government remain committed to protecting the Federal Pickering Lands. (CARRIED - See Page 272) (All Wards)


Regional Council’s resolution to the Minister of Finance requesting property tax policy changes be approved to reduce the Large Industrial, Multi-Residential and Farmland Tax Ratios; the Education Taxation for Industrial and Farmland property tax classes be reduced in proportion to the Region’s municipal tax ratio reduction; the 2005/2006 mandated capping be continued in 2007; and, the Province’s Current Value Assessment Taxation Policy be reviewed to mitigate abnormally high reassessment increases, to establish fairness and equity with respect to taxation in the Non-Residential and Residential sectors, and to increase the status of upper-tier municipalities concerning assessment appeals. (CARRIED - See Page 272) (All Wards)


Regional Council’s revisions to the Durham Region Transit Advisory Committee Terms of Reference and Appointment of Members. (All Wards) (CARRIED - See Page 272)

14. Bill Longworth forwarding correspondence suggesting the lead story in the

April 25, 2007 edition of Oshawa This Week should have been concerning Council’s reconsideration of a Partnership Grant to VOTES or the plebiscite process instead of ATM fees at City-owned facilities but felt the City’s advertising budget influences the articles printed in the newspaper. (All Wards) (CARRIED - See Page 272)

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