CITY COUNCIL MEETING

TUESDAY, SEPTEMBER 6, 2011 COUNCIL CHAMBER CIVIC ADMINISTRATION COMPLEX 50 Centre Street South,

6:30 p.m.

AGENDA

Notice to Correspondents

The personal information contained in your correspondence to or its committees is collected under the Municipal Act, 2001. Any personal information you choose to disclose in your correspondence will be used to receive your views on the relevant issue(s) to enable the City to make its decision on the matter. This information will become part of the public record, unless you expressly request, in writing, the removal of your personal contact information from correspondence posted on the Internet.

The City of Oshawa is committed to providing services as set out in the Accessibility for Ontarians with Disabilities Act, 2005. If you have accessibility needs and require alternate formats or other accommodations please contact Kim Bressan. Please provide a minimum of one business day notice in advance of the meeting if accommodation is required.

Questions regarding City Council meetings may be directed to Kim Bressan, Council Meeting Co-ordinator, at 905-436-5636, ext. 2433 or by email to [email protected]. WEBSITE: www.oshawa.ca COUNCIL COMPOSITION

The Council of the City of Oshawa is made up of eleven members - one Mayor, seven Regional Councillors and three City Councillors.

MEMBERS OF COUNCIL The members of the Council of the City of Oshawa are: Mayor John Henry Regional Councillor John Neal Regional Councillor John Aker Regional Councillor Nester Pidwerbecki Regional Councillor Bob Chapman City Councillor Roger Bouma Regional Councillor Nancy Diamond City Councillor Doug Sanders Regional Councillor Amy England City Councillor Bruce Wood Regional Councillor Tito-Dante Marimpietri

CITY COUNCIL MEETINGS City Council meetings are held on the following Mondays commencing at 6:30 p.m. and the public is welcome to attend: January 10 and 31, February 22 (Tuesday), March 21, April 11, May 3 (Tuesday) and 24 (Tuesday), June 13 and 27, September 6 (Tuesday) and 26, October 17, November 7 and 28 and December 12, 2011. Please note that food and drinks are not permitted in the Council Chamber. City Council will take a 15 minute break at 8:30 p.m. during every regular City Council meeting, or at the next opportunity after 8:30 p.m. upon the completion of the item being discussed at 8:30 p.m. There are four Standing Committees of Council: Development Services Committee, Finance and Administration Committee, Community Services Committee and the Strategic Initiatives Committee. A calendar of all Standing Committee meeting dates is available on the City of Oshawa website at www.oshawa.ca. For inquiries about this agenda please contact Kim Bressan, Council Meeting Co-ordinator, at 905-436-5636 ext. 2433, 905-436-5627 (TTY) or by email at [email protected]. Members of the public may address Council concerning an item on the agenda, provided they have appeared before the appropriate Standing Committee and are in opposition to the Committee’s recommendations, by submitting a written request to the City Clerk before noon on the Thursday preceding the Monday Council meeting. Speakers are generally limited to 5 minutes.

PLEASE NOTE: Cellular phones/pagers must be switched to the non-audible function during this meeting. The City of Oshawa maintains a scent free policy. Please refrain from wearing/using perfumes, colognes or other scented products at this meeting.

SECTION ONE CITY COUNCIL AGENDA SEPTEMBER 6, 2011 Page 100

City Council’s Closed Meeting is scheduled to begin in the Council Chamber, Civic Administration Complex, 50 Centre Street South at 3:30 p.m.

City Council’s Public Meeting is scheduled to begin in the Council Chamber, Civic Administration Complex, 50 Centre Street South at 6:30 p.m.

PUBLIC AGENDA

ANNOUNCEMENTS FROM COUNCIL MEMBERS

(As may be presented by Council members)

DECLARATIONS OF PECUNIARY INTEREST

(As may be presented by Council members)

PRESENTATIONS

None.

DELEGATIONS/DELEGATION REQUESTS

Delegations

None.

Delegation Requests (requires 2/3 vote)

None.

CORRESPONDENCE REQUESTS

1. Ministry of the Environment, Doris Dumais, Director – Approvals Program, Environmental Assessment and Approvals Branch forwarding Certificate of Approval #7306-8FDKNX for the Durham-York Energy Centre Certificate of Approval and advising further information and explanation of how public comments were considered is available under EBR Registry Number 011-2709 (www.ebr.gov.on.ca). (At their meeting of July 11, 2011, City Council tabled this item to the September 6, 2011 Council meeting.) City Council Agenda - 101 - September 6, 2011

2. Karen Pavlisko requesting Oshawa Council reconsider its decision of June 27, 2011 to not provide financial support to assist her daughter to travel to British Columbia as a member of Team for the National Girls Midget Box Lacrosse Tournament, stating other Team Ontario members received financial support from their home centres.

3. Olivia Chow, MP–Trinity-Spadina and Official Opposition Transport Critic to the House of Commons, requesting Oshawa Council pass a motion calling on the Parliament of Canada to create a National Public Transit Strategy; and, forwarding a copy of Private Members Bill C-615 tabled in the House of Commons during the previous session.

4. Durham District School Board, David Visser, Superintendent of Education/Facilities Services, advising the City of the establishment of an Accommodation Review for south central Oshawa elementary schools: Duke of Edinburgh PS, Harmony PS and Ritson PS and advising four public meetings have been scheduled for November 10 and December 15, 2011 and February 2 and March 1, 2012 all from 7:00 p.m. to 9:00 p.m. at the Duke of Edinburgh PS., 610 Taylor Avenue in Oshawa.

5. Regional Municipality of Durham, A.L. Georgieff, Commissioner of Planning and Economic Development, requesting the City nominate a new Oshawa representative for the Durham Environmental Advisory Committee (DEAC) from the summary of the letters of interest received having consideration for the selection criteria; and, once the nomination is received Regional Planning Committee and Council will appoint a new DEAC member.

6. Gertrude Armbrust requesting Oshawa Council enact a Law of Volunteers to provide legal protection and rights to shield volunteers from police warnings, criminal offences and court cases; and, listing the salient features volunteers provide to a community and some significant points to incorporate into the Law of Volunteers to establish conditions for their contributions; and, advising that enacting a Law of Volunteers will empower concerned citizens to assist others.

7. Oak Ridges Moraine Foundation, Kim Gavine, Executive Director, requesting Oshawa Council provide a letter of support to Premier Dalton McGuinty and Minister Jim Bradley for the ongoing work of the Oak Ridges Moraine Foundation through renewed investment from the Province in the amount of $11 million to continue to lead the mission for headwaters recovery on the Oak Ridges Moraine; and, forwarding a draft resolution for Council consideration. City Council Agenda - 102 - September 6, 2011

ADVISORY COMMITTEE REPORTS (Requiring Direction)

None.

ADDITIONAL AGENDA-RELATED CORRESPONDENCE

None.

PUBLIC CONSENT AGENDA

That all items listed under the heading of Consent Agenda for the September 6, 2011 public meeting agenda be adopted as recommended.

ADOPTION OF MINUTES

That the minutes of the June 27 and 28, 2011, July 11, 2011 and August 15, 2011 City Council meetings be adopted.

CORRESPONDENCE

Correspondence – Received and Filed

That correspondence listed in Appendix A to the Public Agenda for the September 6, 2011 City Council meeting be received and filed.

Correspondence

None.

Advisory Committee Meeting Minutes

None. City Council Agenda - 103 - September 6, 2011

STANDING COMMITTEE REPORTS

Report of the Development Services Committee

None.

Report of the Finance and Administration Committee

None.

Report of the Community Services Committee

None.

Report of the Strategic Initiatives Committee

None.

COMMITTEE OF THE WHOLE REPORTS

1. Ron Foster, Auditor General, submitting Report AG-11-08 concerning review of the proposed relocation of the Municipal Law Enforcement staff to 44 Simcoe Street South

(See Pages 800 to 841)

Recommendation

It is recommended that the following suggestions for improvement which are contained within Report AG-11-08, dated August 31, 2011, be endorsed by Council:

1. Facilities Management Services staff be engaged to manage future requests for facilities and that a systematic review of space available within City facilities be undertaken prior to engaging Development Services staff to identify external facilities that are available for purchase or lease;

2. Facilities Management Services staff be engaged to manage the building condition assessment and cost estimation process for improvements to both owned and leased facilities; City Council Agenda - 104 - September 6, 2011

3. Facilities Management Services staff obtain conceptual drawings and a high-level written cost estimate when preparing budgets for facilities maintenance projects including leasehold improvements with costs over $250,000. A detailed written cost estimate should be obtained prior to tendering these projects or committing the corporation legally to a leasehold agreement;

4. Whenever possible, significant leasehold renewals and acquisitions be planned six months in advance so the competitive purchasing practices within the Purchasing By-law can be followed;

5. Significant risks be reported to Council on a timely basis; and

6. Staff reports with proposed capital or operating expenditures of $250,000 or more be provided to the Auditor General at least two business days prior to their issue to Committee or Council to allow sufficient time for review and comment.

MOTIONS

"That the City of Oshawa proclaim:

September 15, 2011 as ‘Family Dinner Night’;

September 16, 2011 as ‘Childhood Cancer Awareness Day’;

October 2011 as ‘Lupus Awareness Month’;

October 2 to 9, 2011 as ‘Meals on Wheels Week’;

October 16 to 22, 2011 as ‘Spiritual and Religious Care Awareness Week’;

October 24, 2011 as ‘World Polio Day’;

October 26, 2011 as 'Child Care Worker & Early Childhood Educator Appreciation Day'; and,

November 13 to 20, 2011 as ‘Restorative Justice Week 2011’.”

City Council Agenda - 105 - September 6, 2011

BY-LAWS

117-2011 A By-law to amend Council’s Procedural By-law. (Implements direction of June 27, 2011 through Item 8 of the Eleventh Report of the Finance and Administration Committee by changing regular Committee meeting times to commence as follows unless otherwise determined by at least two-thirds of the members of the respective Committee: Finance and Administration Committee and Strategic Initiatives Committee at 9:30 a.m., Development Services Committee at 1:30 p.m., Planning Act Public Meetings at 6:30 p.m. and Community Services Committee at 1:30 p.m.)

118-2011 A By-law to dedicate and establish a public highway. (Implements direction of July 21, 2003 through Item 10 of the Seventeenth Report of the Development Services Committee to dedicate Part of Lot 1, Concession 8 Township of East Whitby as Part 1, Reference Plan 40R- 12062, 4580 Townline Road North, R. Fromstein for Harris/Snowden)

119-2011 A By-law to dedicate and establish a public highway. (Implements direction of July 21, 2003 through Item 10 of the Seventeenth Report of the Development Services Committee to dedicate Part of Lot 10, Sheet 13C(1) East Whitby Municipal, Plan 357 as Part 1, Reference Plan 40R-27083 for a new optometry clinic at 306 King Street West, Dr. Andrew Mah.)

DISCUSSION AGENDA

MATTERS EXCLUDED FROM CONSENT AGENDA

City Council Agenda - 106 - September 6, 2011

MATTERS TABLED

1. The motion concerning the Groundwater Sampling and Bioaerosol Study Results Oshawa Skeet & Gun Club/Composting Facility at the southeast corner of Harmony Road and Coates Road. (October 14, 2003)

2. Parts (c) and (d) of Council Resolution 1125 concerning requests to the Ministry of the Environment with respect to Auto Wreckers Limited’s Harmony Road compost site. (October 5, 2005, 8:00 p.m. meeting)

3. The second bullet in Part 2 of Report CM-07-59 from the City Manager with respect to the Strategic Financial Plan Process 2008-2011 Update concerning staff bringing forward a reassessment of facility rationalization. (October 9, 2007)

4. The motion concerning an Auditor General’s report on the energy retrofit of City facilities. (December 15, 2008) and (June 7, 2010 - to the next term of City Council)

5. Parts 1 to 4 and Part 6 of Item 20 of the Twelfth Report of the Community Services Committee concerning Report CS-09-121 dated September 10, 2009, ‘Ice Facility Rationalization – Capital Investment and Operating Cost for Replacement Facility’. (September 28, 2009)

NOTICES OF MOTION

(As may be presented by Council members)

CONFIRMING BY-LAW

A by-law to confirm the City Council meeting of September 6, 2011.

ADJOURN Page 107 APPENDIX A CITY COUNCIL PUBLIC AGENDA September 6, 2011

For your information, the following correspondence received by the City Clerk will be filed following City Council’s meeting of September 6, 2011:

1. Ministry of Revenue, Gina McLinton, Special Events Co-ordinator 2011, Ministry of Revenue Oshawa Team, thanking Oshawa Council for its donation towards the Federated Health Charities 2011 Campaign; and, forwarding a Certificate of Appreciation.

2. Premier Dalton McGuinty acknowledging receipt of Oshawa Council’s support of the Town of South Frontenac’s resolution requesting a limit be placed on the sale of goods sold in Ontario to those which are completely recyclable or compostable and packaged in materials that are completely recyclable or compostable; and, advising that Oshawa Council’s resolution was forwarded to the Minister of the Environment for consideration.

3. Premier Dalton McGuinty acknowledging receipt of Oshawa Council’s resolution requesting fairness and clarity for the Highway 407 East Extension host municipalities by immediately releasing all of the Highway 407 RFP documents and schedules; and, advising Oshawa Council’s resolution was forwarded to the Minister of Transportation for consideration.

4. Minister of Infrastructure, Bob Chiarelli providing an update and clarification regarding the additional, scoped consultations currently underway with Simcoe County and its lower-tier municipalities by providing a copy of the Provincial Development Facilitator’s (PDF’s) Terms of Reference guiding the review of a number of complex policy issues highlighted by municipalities in the feedback provided concerning Proposed Amendment 1 (2010) to the Growth Plan for the Greater Golden Horseshoe, 2006; and, advising it is intended the PDF provide the Minister with recommendations by November 1, 2011.

5. Regional Municipality of Durham, Nestor Chornobay, Director, Strategic Planning Branch, forwarding the Greater Area Agricultural Action Committee (GTA AAC) 2010 Annual Report and 2011 Work Plan to the GTA AAC.

6. Regional Municipality of Durham, P.M. Madill, Regional Clerk, forwarding Regional Council’s endorsement of Oshawa Council’s resolution concerning the proposed ethanol production facility on the Gifford Hill at the Oshawa Harbour; and adding a Part 7 to the resolution, requesting ‘That the Federal Government investigate a willing host for the Ethanol Production Facility Plant’. Appendix A continued September 6, 2011 File A-2120 Page 108

7. Regional Municipality of Durham, P.M. Madill, Regional Clerk forwarding Regional Council’s endorsement of the updated Partnership Memorandum between Durham Region and the five Durham Area Conservation Authorities regarding the Provincial delegation of Plan Review functions; and, advising it is currently being circulated to the Conservation Authorities for execution; and, forwarding a copy of Regional Commissioner of Planning and Economic Development’s Report 2011-P-54.

8. Regional Municipality of Durham, P.M. Madill, Regional Clerk, forwarding Regional Council’s resolution approving the implementation of a porcelain collection and recycling pilot program in Durham Region funded through the 2011 Waste Management Operating Budget; and, authorizing a Request for Quotations for the haulage and processing of porcelain fixtures; and, directing the Region to coordinate with Oshawa and Whitby to ensure that porcelain fixtures collected within Oshawa and Whitby are also recycled; and, authorizing Regional Finance to execute the contract for haulage and processing and negotiate any necessary amendments to existing collection contracts; and, forwarding Regional Commissioner of Works Report 2011-WR-9.

9. Town of Ajax, Blair Labelle, Manager, Legislative Services/Deputy Clerk forwarding Ajax Council’s resolution to the Region of Durham receiving for information the Durham Economic Development Partnership Committee Report dated June 13, 2011 concerning their Economic Development & Tourism Strategy Community Action Plan for the years 2011-2014; and, forwarding a copy of the report.

10. Environment Canada, Kevin Guerin, Acting Director, Great Lakes Division, forwarding the Lake Ontario Lakewide Management Plan - Annual Report 2011. (http://www.ec.gc.ca/grandslacs-greatlakes)

11. Town of Ajax, Martin de Rond, Director of Legislative and Information Services/Town Clerk, forwarding Ajax Council’s resolution to the Ministry of the Attorney General, endorsing Region of Durham Report 2011-A-23 requesting the Attorney General immediately appoint sufficient Justices of the Peace (JPs) in the Central East Region and work with the Minister of Finance to identify new resources to address the JP shortage in the Provincial budget; and, requesting the Province assign per diem JPs from other jurisdictions to Durham Region until full-time justices can be appointed; and, that the Attorney General develop a replacement/succession strategy for future JP retirements so that further shortages do not continue to occur; and, forwarding Region of Durham Report 2011-A-23. Appendix A continued September 6, 2011 File A-2120 Page 109

12. Town of Whitby, Debi Wilcox, Town Clerk, forwarding Whitby Council’s resolution to the Attorney General, endorsing Region of Durham Report 2011-A-23 requesting the Attorney General immediately appoint sufficient Justices of the Peace (JPs) in the Central East Region and work with the Minister of Finance to identify new resources to address the JP shortage in the Provincial budget; and, requesting the Province assign per diem JPs from other jurisdictions to Durham Region until full-time justices can be appointed; and, that the Attorney General develop a replacement/succession strategy for future JP retirements so that further shortages do not continue to occur; and, forwarding Whitby Staff Report PW 30-11 and Region of Durham Report 2011-A-23.

13. Durham Youth Orchestra Board of Directors, David Thompson, President, thanking Oshawa Council for its Partnership Grant in the amount of $8,000, and providing a Certificate of Appreciation and fall, winter and spring concert programs.

14. County of Grey, Heather Morrison, Deputy Clerk/Records Manager, advising they noted and filed Oshawa Council’s resolution to the Minister of Education requesting the Education Act be amended to declare Voting Day for municipal elections in the Province of Ontario as a Professional Activity Day.

15. Ministry of the Environment, Paul Heeney, Director (A) Source Programs Branch, on behalf of the Minister of the Environment, responding to ’s resolution, by stating that to date, the Province has funded the full cost of source protection planning; and, while he appreciates the Region’s concern regarding the availability of funding for the implementation of source protection plan policies, at this early stage of local policy development the cost of implementation and the implications for implementing bodies have not yet been determined and the financial impact cannot be evaluated; and, advising that local source protection committees have been encouraged by the Province to write pragmatic and cost-effective source protection plan policies that will address significant drinking water threats while minimizing the burden on the implementing body identified in the policy.

16. Canadian Nuclear Safety Commission, Andrew McAllister, Environmental Assessment Specialist, Environmental Assessment Division, advising an environmental assessment is being conducted under the Canadian Environmental Assessment Act on the proposal by Ontario Power Generation for the refurbishment and continued operation of the Darlington Nuclear Generating Station in Clarington and requesting written comments from the public concerning the Draft Scoping Information Document for the proposed project by August 22, 2011; and, advising an electronic copy of the Draft Scoping Information Document can be obtained by contacting the Environmental Assessment specialist at [email protected]. Appendix A continued September 6, 2011 File A-2120 Page 110

17. Enbridge Gas Distribution Inc., Bonnie Jean Adams, Regulatory Coordinator, forwarding a copy of the Notice of Application filed on June 20, 2011 with the Ontario Energy Board under the Ontario Energy Board Act, 1998, S.O. c.15, Schedule B, as amended; and, forwarding a copy of Application EB-2011-0226 for Customer Care and Customer Information System costs for 2013 to 2018; and, advising the amounts represent an increase of approximately $20 million to the amount expected to be spent on these costs in 2012, and if approved by the Ontario Energy Board, the proposed amounts will result in an increase to customer’s bills.

18. Municipality of Clarington, Patti Barrie, Municipal Clerk, forwarding Clarington Council’s resolution to Premier McGuinty expressing concern for the Province’s retreat from its commitment to protect the Oak Ridges Moraine, and advising it supports the call for renewed investment in the Oak Ridges Moraine Foundation of $11 million over four years for funding policy and monitoring activities, land restoration and securement, and education and outreach.

19. Municipality of Clarington, Patti Barrie, Municipal Clerk, forwarding Clarington Council’s resolution to Premier McGuinty requesting the Attorney General immediately appoint sufficient Justices of the Peace (JPs) in the Central East Region and work with the Minister of Finance to identify new resources to address the JP shortage in the Provincial budget; and, requesting the Province assign per diem JPs from other jurisdictions to Durham Region until full-time justices can be appointed; and, that the Attorney General develop a replacement/succession strategy for future JP retirements so that further shortages do not continue to occur.

20. Minister of Tourism and Culture (Ontario) congratulating Oshawa Council for passing a Heritage Property Tax by-law to help protect invaluable heritage resources for the enjoyment of future generations.

21. Mats van Kleef, submitting his resignation as a Member of the Oshawa Environmental Advisory Committee.

22. Statistics Canada, Gary Dillon, Director, Central Region thanking the City for supporting their efforts to promote the 2011 Census and the National Household Survey.

23. Office of the Prime Minister, P. Monteith, Executive Correspondence Officer, acknowledging receipt of Oshawa Council’s resolution concerning a proposed ethanol production facility on the Gifford Hill at the Oshawa Harbour and assuring the views expressed in the resolution have been carefully reviewed and will be taken into consideration. Appendix A continued September 6, 2011 File A-2120 Page 111

24. Ministry of Municipal Affairs and Housing (Ontario), Rick Bartolucci, MPP-Sudbury, advising the Province has taken great strides to support local communities such as, the Provincial-Municipal Fiscal and Service Delivery Review which key achievement is the uploading of the municipal share of social assistance benefit program costs by the Province, and in 2011 the uploading of Ontario Disability Support Program benefits and the continuing phased-in uploading of Ontario Works benefits which builds on the previous upload of the Ontario Drug Benefit in 2008 and the administration component of ODSP in 2009; and, advising this saves Ontario municipalities $947,000,000 in 2011; and, further advising, court security will begin being uploaded next year and by 2018 with the removal of these costs from the property tax base Ontario municipalities will see a net benefit of $1,500,000,000 per year, with Durham Region itself realizing an estimated net annual benefit of $56,204,000 by 2018; and advising a clear timetable setting out the uploads is located at www.mah.gov.on.ca/Page191/aspx.

25. Conservation Authorities Moraine Coalition, Brian Denney, 2010 Chair, and CAO of Toronto and Region Conservation Authority, forwarding a brochure detailing the efforts and successes on the Oak Ridges Moraine from 2001 to 2010, and advising of their numerous partnerships to undertake groundwater, watershed and natural heritage system studies, enhance the moraine through a variety of land stewardship programs and projects, and provide education, recreation and conservation opportunities on the moraine through land securement initiatives and by supporting an accessible trail system. (http://trca.on.ca/protect/conservation-authorities-moraine-coalition.dot)

26. Central Lake Ontario Conservation Authority (CLOCA), J. R. Powell, Chief Administrative Officer, forwarding CLOCA’s 2010 Year in Review publication (http://www.cloca.com/resources/Year_in_review/2010%20CLOCA%20Year%20I n%20Review.pdf).

ADDITIONAL AGENDA ITEMS

1. Garth Johns, Acting Commissioner, Community Services Department, requesting use of the Council Chamber for a delegation of 25 people from Jiangsu Province, China on September 19, 2011 from 9:30 a.m. to 4:30 p.m.