CITY COUNCIL MEETING
MONDAY, JUNE 13, 2011 COUNCIL CHAMBER CIVIC ADMINISTRATION COMPLEX 50 Centre Street South, Oshawa
6:30 p.m.
AGENDA
Notice to Correspondents
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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 JUNE 13, 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
Bryan Savory, Student, Maxwell Heights Secondary School to be presented the 2011 Exceptional Student Achievement Award.
Lou DeVuono, Heroes Highway Ride and Rally to present a Certificate of Thanks to the City for supporting the Heroes Highway Ride and Rally event on June 4, 2011.
Terry Chadwick, Energy Solutions Consultant, Enbridge Gas Distribution to present a cheque to the City in the amount of $23,076 representing energy savings realized from behavioural operating initiatives and practices at City facilities.
Denyse Newton, Administrator and Don Sabean, Advisory Committee Chair, Community Care Durham–Oshawa to provide a presentation concerning the value of Community Care Durham services for the citizens of Oshawa.
City Council Agenda - 101 - June 13, 2011
DELEGATIONS/DELEGATION REQUESTS
Delegations
1. Rosemary McConkey requesting to address City Council in opposition to Item 13 of the Twelfth Report of the Development Services Committee concerning various matters related to the Hamlet of Columbus. (See Related Correspondence in Correspondence Section Two)
Delegation Requests (requires 2/3 vote)
None.
CORRESPONDENCE REQUESTS
1. Town of Ajax, Blair Labelle, Deputy Clerk, forwarding Ajax Council’s resolution to the Board of Directors of the Great Lakes-St. Lawrence Cities Initiative and requesting Oshawa Council’s endorsement concerning actions to prevent the transfer of invasive Asian Carp into the Great Lakes Basin via the Chicago Waterway System; and, forwarding comments submitted by Great Lakes United, on behalf of 108 organizations/stakeholders, to the U.S. Army Corps of Engineers on the Great Lakes and Mississippi River Interbasin Feasibility Study expressing a need to prevent the transfer of invasive Asian Carp. (Placed on Council’s Agenda at the request of Mayor Henry.)
ADVISORY COMMITTEE REPORTS (Requiring Direction)
Report of Oshawa Airport Advisory Committee
The Oshawa Airport Advisory Committee respectfully reports and recommends to City Council its Second Report.
1. Runway Extension Study Findings (AIR-11-17)
(Information Only)
That the Airport Advisory Committee endorse the proposed expansion of Runway 12-30 at the Oshawa Municipal Airport. City Council Agenda - 102 - June 13, 2011
ADDITIONAL AGENDA-RELATED CORRESPONDENCE
None.
PUBLIC CONSENT AGENDA
That all items listed under the heading of Consent Agenda for the June 13, 2011 public meeting agenda be adopted as recommended.
ADOPTION OF MINUTES
That the minutes of the May 24, 2011 City Council meeting be adopted.
CORRESPONDENCE
Correspondence – Received and Filed
That correspondence listed in Appendix A to the Public Agenda for the June 13, 2011 City Council meeting be received and filed.
Correspondence
None.
Advisory Committee Meeting Minutes
61. Safe City Oshawa Partnership
Recommendation
That the minutes of the Safe City Oshawa Partnership meeting of April 14, 2011 be received for information.
62. Heritage Oshawa
Recommendation
That the minutes of the Heritage Oshawa meeting of April 28, 2011 be received for information. City Council Agenda - 103 - June 13, 2011
63. Airport Advisory Committee
Recommendation
That the minutes of the Airport Advisory Committee meeting of May 4, 2011 be received for information.
STANDING COMMITTEE REPORTS
Report of the Development Services Committee
The Development Services Committee respectfully reports and recommends to City Council its Twelfth Report.
1. Holding of Lots 3, 4 and 5 at Oshawa Municipal Airport for Seneca College (DS-11-276)
(See Page 404)
Recommendation
That Oshawa Municipal Airport Lots 3, 4 and 5 be held exclusively for Seneca College for a period of six months to give Seneca College and staff of the Development Services Department an opportunity to negotiate a conditional purchase and sale agreement for the subject lands.
2. Rosemary McConkey – Request to Address the Development Services Committee Regarding Report DS-11-224, Review of Various Matters Related to the Hamlet of Columbus – Addendum Report (DS-11-243)
(See Page 406 and Page 248)
Recommendation
That Correspondence Request DS-11-243 dated May 26, 2011 from Rosemary McConkey requesting to address the Development Services Committee regarding Report DS-11-224, Review of Various Matters Related to the Hamlet of Columbus, and her subsequent delegation concerning the matter, be received for information. City Council Agenda - 104 - June 13, 2011
3. Diane Stephen – Request to Address the Development Services Committee Regarding Report DS-11-224, Review of Various Matters Related to the Hamlet of Columbus (DS-11-249)
(See Page 407)
Recommendation
That Correspondence DS-11-249 dated May 30, 2011 from Diane Stephen requesting to address the Development Services Committee regarding Report DS-11-224, Review of Various Matters Related to the Hamlet of Columbus, be received for information.
4. Proposed Revisions to the Work Plan for the Waterfront Master Plan Study (DS-11-242)
(See Pages 407 to 408)
Whereas on April 11, 2011 City Council approved a revised work plan for the Waterfront Master Plan Study that included the scheduling of a Public Open House to obtain comments on a draft preferred Waterfront Master Plan and reporting to Development Services Committee and Council seeking approval of a final recommended Waterfront Master Plan in June 2011; and,
Whereas on May 25, 2011 the City hosted a Public Open House regarding the draft preferred Waterfront Master Plan; and,
Whereas City staff requested that public comments on the draft preferred Waterfront Master Plan be submitted no later than June 3, 2011 so that a report could be presented to the Development Services Committee on June 20, 2011 on a final recommended Plan; and,
Whereas City staff has received a request to extend the timeframe for submitting public comments on the draft preferred Waterfront Master Plan to the end of June 2011; and,
Whereas the request is reasonable given the importance of the Waterfront Master Plan and if approved will result in the need to revise the work program schedule;
Therefore, the following revised schedule be approved by Council for the completion of the Waterfront Master Plan Study:
June 30, 2011 Deadline to provide public comments on Draft Preferred Waterfront Master Plan Fall 2011 Report to Development Services Committee and Council seeking approval of a final recommended Waterfront Master Plan
City Council Agenda - 105 - June 13, 2011
5. Sandra McRae – Requesting the City of Oshawa Build Bicycle Lanes Along Ritson Road North from Taunton Road to Howden Road (DS-11-216)
(See Page 408 and Page 1)
Recommendation
That Correspondence DS-11-216 dated May 9, 2011 from Sandra McRae, requesting the City of Oshawa build bicycle lanes along Ritson Road North from Taunton Road to Howden Road, be referred to the City of Oshawa’s Cycling and Trails Plan.
6. Central Lake Ontario Conservation Authority – Forwarding the Release of the Oshawa Creek Watershed: 2011 Addendum to the 2002 Oshawa Creek Watershed Management Plan – Existing Conditions Report (DS-11-239)
(See Page 415 and Page 2)
Recommendation
That Correspondence DS-11-239 dated May 18, 2011 from the Central Lake Ontario Conservation Authority forwarding the release of the Oshawa Creek Watershed: 2011 Addendum to the 2002 Oshawa Creek Watershed Management Plan – Existing Conditions Report, be received for information.
7. Study on Proposed Airport Main Runway Extension: Preliminary Findings (DS-11-219)
(See Page 408 and Pages 249 to 274)
Recommendation
1. That pursuant to Report DS-11-219 dated May 25, 2011 staff be directed to advertise a special Development Services Committee public meeting on June 23, 2011 to present and hear comments on the preliminary findings of the runway extension study; and,
2. That pursuant to Report DS-11-219 dated May 25, 2011, the Development Services Committee be authorized to host a public meeting on June 23, 2011 to present and hear comments on the preliminary findings of the runway extension study. City Council Agenda - 106 - June 13, 2011
8. Material Testing Lab (DS-11-203)
(See Page 408 and Page 6)
Recommendation
Whereas the Development Services Department has a Quality Control and Quality Assurance Program in Engineering Services that includes a material testing lab; and,
Whereas the lab ensures that the City receives from contractors the material and services specified for use in its civil contracts (e.g. road reconstruction, road rehabilitation, etc.) and from subdividers in respect to subdivision roads to be assumed by the City; and,
Whereas a 2007 staff report (DS-07-210) indicated that the lab provided good value to the City but the report was referred back to staff for further analysis; and,
Whereas since that time the lab and Quality Control and Quality Assurance Program has increased its recoveries and negotiated a pilot fee-for-service program with the Town of Whitby; and,
Whereas Council has approved corporate budgets in 2008, 2009, 2010 and 2011 that include a Quality Control and Quality Assurance Program; and,
Whereas the Auditor General’s Council-approved audit plan includes a review of all of Engineering Services in 2012; and,
Whereas the Auditor General agrees with the approach set out in this resolution;
Therefore be it resolved that the Development Services Committee remove from its Outstanding Items List the referral to staff of Report DS-07-210 on the lab on the understanding that the Auditor General will be assessing the Engineering Services Branch in 2012. City Council Agenda - 107 - June 13, 2011
9. Proposed Conlin Road West Improvements, Municipal Class Environmental Assessment Study, Environmental Study Report (DS-11-234)
(See Page 408 and Pages 275 to 295)
Recommendation
1. That pursuant to Report DS-11-234 dated May 25, 2011, the Conlin Road West Road Improvements Municipal Class Environmental Assessment Environmental Study Report (ESR) including the Technically Preferred Alternative and Preliminary Design Plan, be endorsed; and,
2. That staff be authorized to advertise the mandatory Notice of Study Completion, file the completed Environmental Study Report (ESR) in the public record with the Provincial Ministry of Environment and make the ESR available for public viewing in City Clerk Services, Engineering Services and on the City's website, all in accordance with the Environmental Assessment Act for the minimum 30-day statutory period; and,
3. That a copy of Report DS-11-234 dated May 25, 2011 and related Council resolution be forwarded to the Ministry of Environment, Environmental Approvals Branch, the Region of Durham, Town of Whitby, UOIT and Durham College; and,
4. That staff be authorized to engage Watson & Associates Economists Ltd. to prepare a background study required for an amendment to the City of Oshawa’s Development Charge By-law 37-2009, incorporating updated capital costs for growth related roads and related projects; and,
5. The costs associated with the preparation of the background study be funded from the Administrative Growth Studies Development Charge Reserve.
10. Emergency Purchase of Design and Repair Services, Pedestrian Bridge Spanning Oshawa Creek at Rotary Park (DS-11-236)
(See Page 415 and Pages 7 to 11)
Recommendation
That Report DS-11-236 dated May 25, 2011 be received for information and the actions of the Commissioner, Development Services and City Manager in respect to the procurement of design and repair services for the pedestrian bridge in Rotary Park be endorsed. City Council Agenda - 108 - June 13, 2011
11. Flood Relief Study for the Harmony and Farewell Creeks Prepared by Greck and Associates Limited (DS-11-204)
(See Page 416 and Pages 12 to 35)
Recommendation
1. That the Flood Relief Study for the Harmony and Farewell Creeks prepared by Greck and Associates Limited dated July 2010 be received for information; and,
2. That CN Rail:
a) Be provided a copy of Report DS-11-204 and the related Council resolution; and, b) Be consulted by staff to determine the feasibility of constructing a structure in the CN embankment south of Highway 401, east of Farewell Street; and, c) Be requested to permit a geotechnical assessment on the CN Rail embankment; and,
3. That in the event CN Rail confirms items 2(b) and 2(c) above, that staff endeavour to negotiate a cost sharing agreement amongst various parties for the geotechnical assessment; and,
4. That staff report back to the Development Services Committee and Council as appropriate.
12. Request from DC Land Corp. to Amend a Development Charge Deferral Agreement, 1700 Simcoe Street North (DS-11-205)
(See Page 408 and Pages 36 to 51)
Recommendation
That pursuant to Report DS-11-205, dated May 25, 2011, the Mayor and Clerk be authorized to execute an amendment to the existing Development Charge Deferral Agreement dated November 26, 2009 between the City and DC Land Corp. pertaining to the development of a 129-unit purpose built student apartment building at 1700 Simcoe Street North to clarify that the residential development is exempt from the payment of $625,650 of City of Oshawa Residential Development Charges. City Council Agenda - 109 - June 13, 2011
13. Review of Various Matters Related to the Hamlet of Columbus – Addendum Report (DS-11-224)
(See Page 408 and Pages 54 to 118)
Recommendation
1. That:
a) Funding up to $10,000 be approved for streetscape enhancements within the Community of Columbus, such as trees, flower baskets, planter boxes and/or banners; and, b) The ongoing maintenance costs for the Columbus streetscape enhancements be included in the annual operating budget for 2012 henceforth; and, c) Staff send a notice to all Columbus property owners asking for volunteers to form a three-person Streetscape Improvement Community Group that will provide input on the type of streetscape enhancements and their design and location; and, d) The Chair of the Community Services Committee select three (3) persons to form the Streetscape Improvement Community Group from the volunteer submissions received; and,
2. That the Durham Regional Police Services be requested to investigate the concerns raised by the Columbus Community concerning the enforcement of the speed limits on Columbus Road and Simcoe Street North through Columbus and provide a response back to Rosemary McConkey and City Council; and,
3. That Council re-affirm its resolution of February 2, 2009 that a Heritage Conservation District Study for the Community of Columbus not be advanced by the City; and,
4. That pursuant to Council’s direction of May 24, 2011 to update the Development Plan for the Hamlet of Columbus following the resolution of Regional Official Plan Amendment 128, the Development Services Committee and Council hold public sessions in accordance with Report DS-11-224 as part of the process to update the Development Plan for the Hamlet of Columbus to obtain any visioning comments from the public that could be addressed in the update to this Plan; and,
5. That the Development Services Committee hold a public meeting on the need for additional sidewalks in the Columbus Community after additional information is received from the Province concerning Highway 407 related traffic impacts on roads in the Columbus area; and,
City Council Agenda - 110 - June 13, 2011
6. That based on Report CS-10-83 dated April 27, 2010, Rosemary McConkey be advised that:
a) The current location of the sign for the Columbus Community Centre is in accordance with Council-approved policy and therefore it is recommended that the sign not be changed or relocated; and, b) A new sign at the Columbus Community Centre is not recommended as the current signage is in accordance with the Council-approved policy; and,
7. That the members of the Columbus Working Group be thanked for their work.
14. Direction on City Staff Involvement Respecting an Appeal to the Ontario Municipal Board, Committee of Adjustment Decision on Application A-2011-24, 866 Masson Street, Margo McNab (DS-11-225)
(See Page 408 and Pages 119 to 135)
Recommendation
1. That the Ontario Municipal Board be advised that City Council takes no position with respect to the decision of the Oshawa Committee of Adjustment denying Application A-2011-24 to permit an accessory building (detached garage) at 866 Masson Street with increased lot coverage, ground floor area and height submitted by Margo McNab and the City does not intend to lead evidence on the appeal; and,
2. That in the event that the application is supported by the Ontario Municipal Board, City Council requests that the following conditions be imposed:
a) That the proposed garage be constructed in the general location shown on the site plan submitted with the application to the satisfaction of the Development Services Department; and, b) That the Development Services Department approve the building elevations, including exterior cladding materials, of the proposed garage prior to the issuance of a building permit.
City Council Agenda - 111 - June 13, 2011
The Development Services Committee respectfully reports and recommends to City Council its Thirteenth Report.
1. Industrial Disposal Oshawa Landfill (IDOL), Rossland Road East and Grandview Street North Area (DS-11-217)
(See Page 427 and Pages 17 to 56)
Recommendation
1. That Report DS-11-217 dated June 2, 2011, be received for information; and,
2. That the Ministry of the Environment be provided a copy of the 2011 Golder Associates report on the Industrial Disposal Oshawa Landfill (IDOL) site in Oshawa (Grandview Street North/Rossland Road East) and be requested to advise the City in writing of its comments on the Golder report, the individual Golder recommendations for additional work and monitoring and whether the Ministry of Environment will amend the existing certificate of approval for the IDOL site to implement the recommendations or to otherwise require the owner of the IDOL site to implement the recommendations or monitor and maintain the site.
2. Drainage Issues on Clearsky Avenue (DS-11-258)
(See Pages 428 to 429 and Pages 10 to 16)
Recommendation
That pursuant to Report DS-11-258, dated June 2, 2011 that:
a) Valentyna Maksymlyuk be provided a copy of the proposed design prepared by City staff and be compensated by the City of Oshawa in the amount of $2,000 (representing 1/3 of $6,000), to install the additional drainage pipe on her property at 597 Clearsky Avenue with no liability to the City; and,
b) Steven Schneider be reimbursed by the City of Oshawa in the amount of $433.33 (representing 1/3 of $1,300) for the installation of a sump pit and related facilities in his basement at 569 Clearsky Avenue with no liability to the City; and,
c) That compensation in the amount of 1/3 of total costs be provided to the subject properties only, being 597 and 569 Clearsky Avenue, with no liability to the City. City Council Agenda - 112 - June 13, 2011
3. Valentyna Maksymlyuk – Request to Address the Development Services Committee Concerning Report DS-11-258, Drainage Issues on Clearksky Avenue (DS-11-274)
(See Page 429)
Recommendation
That Correspondence DS-11-274 dated June 3, 2011 from Valentyna Maksymlyuk requesting to address the Development Services Committee concerning Report DS-11-258, Drainage Issues on Clearsky Avenue, and her subsequent delegation concerning the matter, be received for information.
4. Robert Lutczyk – Submitting Comments Concerning Report DS-11-258, Drainage Issues on Clearsky Avenue (DS-11-277)
(See Page 429 and Handout)
Recommendation
That Correspondence DS-11-277 dated June 6, 2011 from Robert Lutczyk submitting comments concerning Report DS-11-258, Drainage Issues on Clearsky Avenue, be received for information.
Report of the Finance and Administration Committee
The Finance and Administration Committee respectfully reports and recommends to City Council its Tenth Report.
1. Ontario Public Works Association - Request for Sponsorship Support for the 2014 APWA Congress and Exposition being held in Toronto from August 17 to August 21, 2014 (FA-11-151)
(See Page 506 and Pages 16 to 19)
Recommendation
That Correspondence FA-11-151 dated May 10, 2011 from the Ontario Public Works Association requesting sponsorship support for the 2014 APWA Congress and Exposition being held in Toronto from August 17 to August 21, 2014 be received for information. City Council Agenda - 113 - June 13, 2011
2. Financial Report for the Three Months Ending March 31, 2011 (FA-11-124)
(See Page 511 and Pages 20 to 24)
Recommendation
That Report FA-11-124, ‘Financial Report for the Three Months Ending March 31, 2011’, dated May 26, 2011 be received for information.
3. Tax Sale Extension Agreement – Rohan Roopnarine Address: 566 Simcoe Street South Roll# 020 004 030 00 0000 Tax Sale File # 48-2011 (FA-11-142)
(See Page 506 and Page 25)
Recommendation
The Item FA-11-142, being a Tax Sale Extension Agreement for Rohan Roopnarine at 566 Simcoe Street South, Roll# 020 004 030 00 0000, Tax Sale File # 48-2011, be received for information.
4. Request for Tender C2011-045, 2011 Computer Rollout and Miscellaneous Annual Requirements (FA-11-144)
(See Page 506 Pages 49 to 54)
Recommendation
1. That the Manager, Purchasing Services be authorized to award a contract as detailed in Report FA-11-144 dated May 24, 2011 to Cycom Canada Corporation being the lowest bidder meeting specification for:
a) the 2011 computer equipment rollout in the amount of $554,800 including all taxes (Nexcap Finance Corporation to pay equipment supplier directly); and,
b) all additional/supplemental technology acquisitions and service requirements for an estimated cost of $100,000; and,
2. That a contingency of $30,000 inclusive of all taxes be made available to cover potential related costs in the 2011 equipment rollout; and, City Council Agenda - 114 - June 13, 2011
3. That the Manager, Purchasing Services be authorized to execute schedules to the Master Lease Agreement to authorize the acquisition of computer equipment and technology with a total value not to exceed $554,800 together with Certificates of Acceptance and other documents required to effect the Agreement with Nexcap Finance Corporation; and,
4. That, pursuant to the requirements of Ontario Regulation 46/94, the Treasurer of the Regional Municipality of Durham be advised that the City will be entering into a financing lease with Nexcap Finance Corporation on the terms approved by Council on May 3, 2011.
5. Request for Proposal C2011-037 Consulting Services for Energy Conservation Measures (FA-11-145)
(See Page 506 Pages 55 to 57)
Recommendation
That the Manager, Purchasing Services be authorized to award a contract as detailed in Report FA-11-145 dated May 26, 2011 to Virtual Engineers for Consulting Services for Energy Conservation Measures, in the amount of $190,688, including all taxes being the highest ranked proponent received.
6. Request for Waiving of Fees – Durham Deaf Services (FA-11-147)
(See Page 512 and Pages 58 to 59)
Recommendation
That the request for waiving of fees from the Durham Deaf Services as outlined in Report FA-11-147, dated May 26, 2011 be approved.
7. Appointments to Heritage Oshawa, Committee of Adjustment and Oshawa Environmental Advisory Committee (FA-11-149)
(See Page 512 and Pages 60 to 61 and C1 to C20)
Recommendation
That in accordance with Report FA-11-149 dated May 26, 2011:
1. Bill Harris and James Cook be appointed to Heritage Oshawa to fill the vacancies for the terms June 2011 to November 2012 and June 2011 to November 2013; City Council Agenda - 115 - June 13, 2011
2. Andrew Johnson be appointed to the Committee of Adjustment to fill the vacancy for the term June 2011 to November 2014; and,
3. Nicholas Gilbert and Faizah Kibria be appointed to the Oshawa Environmental Advisory Committee for the term September 2011 to June 2012.
8. Visitor Parking at City Hall (FA-11-150)
(See Page 512 and Pages 62 to 64)
Recommendation
That in accordance with Report FA-11-150 dated May 26 2011, Traffic By-law 79-99 be amended to allow for 30 minutes of free parking for the 23 spaces in the visitor parking lot adjacent to the new City Hall main entrance.
9. Automatic Taxi Tariff Increase (FA-11-152)
(See Page 506 and Pages 65 to 67)
Recommendation
1. That Report FA-11-152, ‘Automatic Taxi Tariff Increase – 2011’ be received for information; and,
2. That the automatic taxicab tariff rate increase mandated in Oshawa’s Taxicab By-Law 50-2003 not be implemented in 2011.
10. Information Technology Strategic Plan (FA-11-127)
(See Page 512 and Pages 68 to 73)
Recommendation
That funding needs identified in the ITSP for the maintenance and acquisition of information technology applications be referred to the Strategic Financial Plan. City Council Agenda - 116 - June 13, 2011
11. Request for Waiving of Fees – Monsignor John Pereyma Catholic Secondary School (FA-11-157)
(See Page 513)
Recommendation
Whereas P. Wilson, the Principal of Monsignor John Pereyma Catholic Secondary School, has requested a waiving of fees in the amount of $104.28 for use of Lakeview Park and Gazebo on June 7, 2011 for an end of year picnic for their special needs students; and,
Whereas staff has indicated that the request meets Council’s approved criteria for Waiving of Fees Policy; and,
Whereas despite the fact that the 2011 budget for waiving fees has been fully expended;
Therefore be it resolved that the request to waive $104.28 in fees for the use of Lakeview Park and Gazebo on June 7, 2011 by Monsignor John Pereyma Catholic Secondary School be approved.
Report of the Community Services Committee
The Community Services Committee respectfully reports and recommends to City Council its Eighth Report.
1. Designation of Dundee Park and McLaughlin Park as an Off-Leash Dog Park (CS-11-93)
(See Pages 602 to 603)
Recommendation
That the existing Responsible Pet Owners By-law be endorsed.
City Council Agenda - 117 - June 13, 2011
2. Peter Tumey – Request to Address the Community Services Committee in Opposition to Dundee Park and McLaughlin Park Becoming an Off-Leash Dog Park (CS-11-81)
Tracey Goverde – Request to Address the Community Services Committee in Opposition to the Dundee Park and McLaughlin Park Becoming an Off-Leash Dog Park (CS-11-87)
Domenic Damato – Request to Address the Community Services Committee in Opposition to the Dundee Park and McLaughlin Park Becoming an Off-Leash Dog Park (CS-11-88)
Sheila Glanfield – Submitting a Petition Signed by Area Residents in Opposition to Dundee Park and McLaughlin Park Becoming an Off-Leash Dog Park (CS-11-89)
(See Page 604 and Pages 1 to 26)
Recommendation
That Correspondence Requests CS-11-81, CS-11-87, CS-11-88 and CS-11-89 from area residents in opposition to Dundee Park and McLaughlin Park becoming an off-leash dog park, be received for information.
3. Sandra McRae – Requesting the City of Oshawa Erect Traffic Lights at the Intersection of Winchester Road and Ritson Road North (CS-11-82)
(See Page 604 and Page 27)
Recommendation
That Correspondence CS-11-82 dated May 9, 2011 from Sheila McRae requesting the City of Oshawa erect traffic lights at the intersection of Winchester Road and Ritson Road North as soon as possible, be referred to the Region of Durham.
4. Region of Durham – Providing an Update on the “Bag it. Tote it. Recycle it.” Project to Relaunch the Region’s Multi-Residential Recycling Program in 2011 (CS-11-83)
(See Page 604 and Pages 28 to 29)
Recommendation
That Correspondence CS-11-83 dated May 2, 2011 from the Region of Durham providing an update on the “Bag it. Tote it. Recycle it.” project to relaunch the Region’s multi-residential recycling program, be received for information. City Council Agenda - 118 - June 13, 2011
5. Proposed All-Way Stop Control at the Intersection of Stacey Avenue and Clarke Street (CS-11-85)
(See Page 604 and Pages 30 to 34)
Recommendation
That based on Report CS-11-85, ‘Proposed All-Way Stop Control at the Intersection of Stacey Avenue and Clarke Street’ dated May 26, 2011, Traffic By-law 79-99, as amended, be further amended to implement all-way stop control at the intersection of Stacey Avenue and Clarke Street.
6. Albert Street Intersection Controls (CS-11-86)
(See Page 604 and Pages 35 to 43)
Recommendation
1. That based on the findings set out in Report CS-11-86, ‘Albert Street Intersection Controls’ dated May 26, 2011, the intersection controls on Albert Street at Emma Street and Elm Street remain unchanged; and,
2. That the intersections of Albert Street and John/Eulalie Streets, and, Albert Street and Elm Street be reviewed by staff following the extension of John Street and Olive Avenue respectively; and,
3. That a copy of this report be sent to the resident inquirer.
Report of the Strategic Initiatives Committee
None.
COMMITTEE OF THE WHOLE REPORTS
1. Bob Duignan, City Manager and Sandra Kranc, City Clerk submitting Report CM-11-19 concerning Downtown Oshawa Board of Management - Nominees for Appointment
(See Pages 800 to 804 and Confidential Pages 805 to 815)
Recommendation
That Council consider the following nominees of the interim Downtown Oshawa Board of Management for appointment to the said Board as outlined in Report CM-11-19 dated June 9, 2011: Peter Traicus, Walter Dudar and Matt Bowles. City Council Agenda - 119 - June 13, 2011
2. Bob Duignan, City Manager and Sandra Kranc, City Clerk submitting Report CM-11-21 concerning Amendments to Advisory Committees of Council Policy and Procedure
(See Pages 816 to 842)
Recommendation
That the Advisory Committees of Council Policy and Procedure as amended and attached to Report CM-11-21 be approved and the City’s Advisory Committees be advised of the amendments.
3. Bob Duignan, City Manager submitting Report CM-11-22 concerning 2011 Budget Follow-up – Strategic HR Framework Phased Implementation
(See Pages 843 to 856)
Recommendation
That in accordance with Report CM-11-22, “Strategic HR Framework Phased Implementation” dated June 9, 2011:
1. That the new positions of Manager, Compensation-Benefits-HRIS (Human Resources Information Systems) and HR Project Coordinator, as presented in the 2011 budget, be approved; and
2. That the 2011 funding for these positions be provided from the Tax Rate Stabilization Reserve Fund and be included in the 2012 base operating budget.
4. Bob Duignan, City Manager submitting Report CM-11-23 concerning 2011 Budget Follow-up – Information Technology Services Staffing Requirements
(See Pages 857to 865)
Recommendation
That in accordance with Report CM-11-23, “2011 Budget Follow-up – Information Technology Services Staffing Requirements” dated June 9, 2011:
1. That the new positions of Manager, IT Planning, Standards and Policy Project (two-year contract) and Technical Administrator as presented in the 2011 budget be approved; and
2. That the 2011 funding for these positions be provided from the Tax Rate Stabilization Reserve Fund and be included in the 2012 base operating budget. City Council Agenda - 120 - June 13, 2011
MOTIONS
“That the City of Oshawa proclaim:
June 24, 2011 as ‘Saint-Jean-Baptiste Day;
July 2 to 10, 2011 as ‘Ontario Family Fishing Week’;
September 25, 2011 as ‘Franco-Ontarian Day’ and the Franco-Ontarian flag be flown at City Hall on that date; and,
November 14, 2011 as ‘World Diabetes Day’.”
BY-LAWS
“That By-laws 89-2011 to 98-2011 be passed.”
89-2011 A By-law to adopt Amendment 63 to the Official Plan for the Former Oshawa Planning Area – Secondary Plan for the Samac Community. (Implements direction of May 24, 2011 through Item 19 of the Tenth Report of the Development Services Committee to add a site specific policy to permit High Density I Residential uses on certain lands located west of Simcoe Street North, south of the north leg of Niagara Drive, 1720 to 1808 Simcoe Street North and 426 Niagara Drive.)
90-2011 A By-law to amend Zoning By-law 60-94. (Implements direction of May 24, 2011 through Item 19 of the Tenth Report of the Development Services Committee to change the zoning for lands at 650 to 652 Rossland Road West from R1-C/CIN to R1-C/CIN/SO-D(3); and, lands at 1720 to 1808 Simcoe Street North and 426 Niagara Drive from MU-B ’h-48’ to MU-B(2) ‘h-48’; and, by various other City-initiated amendments affecting: Table 39.3 and Article 39.4.4 concerning parking for common element condominiums; and, Article 39.4.6 concerning block townhouse parking widths; and, Part of Map B1 zoning from UT to OSE, Part of Map B2 zoning from R3-A/R5-B/R7-A to OSH; and Part of Map B2 zoning from R6-D(1) to R6-D(1) ‘h-21’; and, Part of Map B2 from CBD-A.T25/GI to CBD-A.T25; and, Part of Map B4 from R1-E to OSH; and, Part of Map C3 from UR to CC-A.)
91-2011 A By-law to adopt Amendment 1 to the City of Oshawa Brownfields Renaissance Community Improvement Plan. (Implements direction of May 24, 2011 through Item 19 of the Tenth Report of the Development Services Committee to extend the availability of the Brownfields Study Grant Program from December 31, 2010 to December 31, 2015.)
City Council Agenda - 121 - June 13, 2011
92-2011 A By-law to adopt Amendment 1 to the Downtown Shoulder Area Renaissance Community Improvement Plan. (Implements direction of May 24, 2011 through Item 19 of the Tenth Report of the Development Services Committee to extend the applicability of the Downtown Shoulder Area Renaissance Community Improvement Plan from September 1, 2011 to December 31, 2016.)
93-2011 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 Lots 6 and 7, Sheet 16B(2) East Whitby Plan Registered as No. 357 now designated as Part 2, Reference Plan 40R-25118 to form part of the public highway known as Fox Street.)
94-2011 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 Block 81, Registered Plan 40M-2077 and Blocks 177 and 169, Registered Plan 40M-2019, save and accept Block 77 of Registered Plan 40M-2077 to form part of the highway known as Linstead Street and Arborwood Drive.)
95-2011 A By-law to amend Traffic By-law 79-99. (Implements direction of June 13, 2011 through Item 5 of the Eighth Report of the Community Services Committee to provide for all-way stop control at the intersection of Stacey Avenue and Clarke Street.)
96-2011 A By-law to amend Zoning By-law 60-94. (Implements direction of April 18, 2011 of the Commissioner of Development Services to lift the ‘h-14’ holding symbol designation on the R1-C(5) and R1-D(1) zoning for lands located southeast of Conlin Road East and Wilson Road North in Phase 4B Draft Plan of Subdivision 18T-94025, FKT Co-Tenancy.)
97-2011 A By-law to amend Zoning By-law 60-94. (Implements direction of May 30, 2011 of the Commissioner of Development Services to lift the ‘h-38’ holding symbol designation on the R3-A/R5-A zoning for lands located on the west side of Trick Avenue, Ihor Lysyk.)
98-2011 A By-law to amend Traffic By-law 79-99. (Implements direction of July 19, 2004 through Item 18 of the Twenty-sixth Report of the Operational Services Committee to implement 40 km/h speed limits on Oshawa roads in the vicinity of parks by adding 40 km/h maximum rate of speed in the vicinity of Stonecrest Parkette located on Cordick Street between Pennel Drive and Livesey Drive; and Rennie Street across from Missom Gate.)
City Council Agenda - 122 - June 13, 2011
DISCUSSION AGENDA
MATTERS EXCLUDED FROM CONSENT AGENDA
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 Courtice 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 June 13, 2011.
ADJOURN Page 123 APPENDIX A CITY COUNCIL PUBLIC AGENDA June 13, 2011
For your information, the following correspondence received by the City Clerk will be filed following City Council’s meeting of June 13, 2011:
1. Regional Municipality of Durham, P.M. Madill, Regional Clerk, forwarding Regional Council’s resolution concerning an update on the planned multi-residential (apartment/condominium buildings and condominium townhouses) recycling carts, tote bag distribution and associated promotion and education materials; and, forwarding Commissioner of Works Report 2011-WR-5.
2. Central Lake Ontario Conservation Authority, Heather Brooks, Director, Watershed Planning & Natural Heritage, forwarding CLOCA Board of Directors’ resolution endorsing the following 2010 Annual Reports: Aquatic Monitoring Program, Terrestrial Monitoring Program and the Wildlife Monitoring Program. (http://www.cloca.com/resources/library.php)
3. Regional Municipality of Durham, P.M. Madill, Regional Clerk, forwarding Regional Council’s resolution to the Oak Ridges Moraine Foundation (ORMF) forwarding Regional Planning Commissioner’s Report 2011-P-38 providing an overview of ORMF’s recently released series of eight draft reports measuring the success of the implementation of the Oak Ridges Moraine Conservation Plan as well as achievements of the Foundation.
4. Ontario Good Roads Association (OGRA), J. W. Tiernay, Executive Director, providing an update to all Ontario municipalities concerning their 2010 request that Ontario municipalities contribute to a Litigation Fund to fight the application for Minimum Maintenance Standards (MMS); and, advising OGRA has been granted intervenor status; and, the MMS Litigation Steering Committee has been updated by legal counsel; and, OGRA’s litigation team supports two motions to be heard on June 13, 2011: the first being to limit the scope of the hearing to standards existing at the time of the accident that precipitated this action; and, the second being to transfer the hearing from Superior to Divisional Court where three judges preside instead of one; and, it is anticipated the Ontario Trial Lawyers Association will apply for intervenor status; and, further updates will be issued as the matter progresses, with a Court hearing anticipated in the fall of this year or the spring of 2012.
5. Regional Municipality of Durham, P.M. Madill, Regional Clerk, forwarding a certified true copy of Regional By-law 33-2011 passed by Regional Council on May 18, 2011 to amend Regional Development Charges under Section 19 of the Development Charges Act, 1997, effective June 1, 2011; and advising the By-law amends Development Charges related to Sanitary Sewerage services and replaces them with Sanitary Sewerage development charges in accordance with the Background Study dated April 12, 2011: and, further advising any person or organization may appeal to the Ontario Municipal Board under Section 14 of the Appendix A continued June 13, 2011 File A-2120 Page 124
Act by filing with the Regional Clerk on or before June 27, 2011 a Notice of Appeal setting out the objection to the By-law and the reasons supporting the objection.
6. Municipality of Clarington, Patti Barrie, Municipal Clerk, forwarding Clarington Council’s resolution to the Minister of the Environment concerning the large scale commercial fill operation at 4148 Regional Highway 2, Newcastle, Ontario authorizing an agreement with 1744856 Ontario Inc. to address some of the off-site impacts associated with the site’s on-going fill activity; and, directing staff to recommend amendments to Clarington’s site alteration by-law with a view to addressing the impacts of commercial fill operations; and, endorsing the resolution of the Ganaraska Region Conservation Authority requesting Conservation Ontario engage the Province to develop and implement legislation for large scale commercial fill operations; and, directing staff to participate in the Greater Toronto Countryside Mayors Alliance roundtable concerning the regulation of commercial fill operations; and, reaffirming support for MPP John O’Toole’s letter of April 12, 2011 to the Minister of the Environment, Minister of Natural Resources and the Minister of Municipal Affairs and Housing; and, directing staff to participate in the Durham Region Works Department development of a model by-law for Durham Region commercial fill operations; and, directing staff to consider an interim control by-law for the subject property.
7. City of QuinteWest, DonnaLee Craig, City Clerk, forwarding QuinteWest Council’s resolution endorsing 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.
8. City of Pickering, Debbie Shields, City Clerk advising Pickering Council received for information 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.
9. Village of Thornloe forwarding Thornloe Council’s resolution endorsing 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.
10. Township of Armstrong forwarding Armstrong Council’s resolution endorsing 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.
11. Municipality of West Elgin, Norma Bryant, Clerk, forwarding West Elgin Council’s resolution endorsing 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. Appendix A continued June 13, 2011 File A-2120 Page 125
12. City of Peterborough, Nancy Wright-Laking, City Clerk, forwarding Peterborough Council’s resolution receiving for information 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.
13. Township of Ramara, Janice McKinnon, Municipal Clerk, advising Ramara Council endorsed 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.
14. County of Brant, Jayne Carman, Clerk, advising Brant Council received 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. Municipality of Brockton, Debra Roth, Clerk, advising Brockton Council considered 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 and no action was taken.
16. Township of Brock, Thomas Gettinby, CAO and Municipal Clerk, advising the Minister of Education of Brock Council’s endorsement of Oshawa Council’s resolution to the Minister requesting the Education Act be amended to declare Voting Day for municipal elections in the Province of Ontario as a Professional Activity Day.
17. Township of Huron-Kinloss, Sonya Watson, Clerk, forwarding Huron-Kinloss Council’s resolution to the Minister of Education advising it endorsed Oshawa Council’s resolution requesting the Education Act be amended to declare Voting Day for municipal elections in the Province of Ontario as a Professional Activity Day.
18. County of Hastings, Jim Pine, CAO, advising the Minister of Education that Hastings Council endorsed Oshawa Council’s resolution requesting the Education Act be amended to declare Voting Day for municipal elections in the Province of Ontario as a Professional Activity Day.
19. County of Lambton, Stéphane Thiffeault, County Clerk, forwarding Lambton County Council’s resolution receiving and filing 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. Appendix A continued June 13, 2011 File A-2120 Page 126
20. City of Brantford, Charlene Touzel, Deputy City Clerk, forwarding Brantford Council’s resolution to the Minister of Education advising it endorsed Oshawa Council’s resolution requesting the Education Act be amended to declare Voting Day for municipal elections in the Province of Ontario as a Professional Activity Day.
21. Town of Penetanguishene, Angele Proulx, Clerk’s Department, forwarding Penetanguishene Council’s resolution in support of 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.
22. City of Pickering, Debbie Shields, City Clerk advising Pickering Council endorsed Oshawa Council’s resolution to the Chancellory of Honours that the eligibility criteria for the Peace Officer Exemplary Service Medal awarded by the Governor General of Canada be amended to include special constables in police forces.
23. Township of Uxbridge, Debbie Leroux, Clerk, forwarding Uxbridge Council’s revised resolution endorsing Oshawa Council’s resolution to the Chancellory of Honours that the eligibility criteria for the Peace Officer Exemplary Service Medal awarded by the Governor General of Canada be amended to include special constables in police forces. (Uxbridge Council’s previous correspondence appeared on the May 3, 2011 Oshawa Council Agenda as Correspondence Received and Filed Item 12.)
24. Regional Municipality of Durham, P.M. Madill, Regional Clerk, forwarding Regional Council’s resolution to the Chancellory of Honours endorsing Oshawa Council’s resolution to the Chancellory of Honours that the eligibility criteria for the Peace Officer Exemplary Service Medal awarded by the Governor General of Canada be amended to include special constables in police forces.
25. Township of Brock, Thomas Gettinby, CAO & Municipal Clerk, advising Brock Council considered Oshawa Council’s resolution to the Chancellory of Honours that the eligibility criteria for the Peace Officer Exemplary Service Medal awarded by the Governor General of Canada be amended to include special constables in police forces, and supported the recommendation to change the wording of the criteria from ‘any other federal or provincial organization that employ peace officers’ to ‘any other government organization that employs peace officers’.