CITY COUNCIL MEETING MONDAY, SEPTEMBER 22, 2008 ARTS RESOURCE CENTRE 2 nd FLOOR AUDITORIUM (located immediately behind City Hall) 6:30 p.m. AGENDA Notice to Correspondents The personal information contained in your correspondence to Oshawa City Council 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. You may request, in writing, the removal of your personal contact information from correspondence posted on the Internet. It is our policy to publish only the correspondent’s name on the Internet. 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
Transcript
CITY COUNCIL MEETING
MONDAY, SEPTEMBER 22, 2008 ARTS RESOURCE CENTRE 2nd FLOOR AUDITORIUM
(located immediately behind City Hall)
6:30 p.m.
AGENDA
Notice to Correspondents
The personal information contained in your correspondence to Oshawa City Council 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. You may request, in writing, the removal of your personal contact information from correspondence posted on the Internet. It is our policy to publish only the correspondent’s name on the Internet. 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 Below are the members of the Council of the City of Oshawa and the Ward they represent: Mayor John Gray Regional Councillor April Cullen (Ward Six) Regional Councillor John Henry (Ward Five) Regional Councillor Joseph Kolodzie (Ward Four) Regional Councillor Robert Lutczyk (Ward Two) Regional Councillor John Neal (Ward Seven) Regional Councillor Brian Nicholson (Ward One) Regional Councillor Nester Pidwerbecki (Ward Three) City Councillor Tito-Dante Marimpietri (Wards Two and Four) City Councillor Louise Parkes (Wards Five and Six) City Councillor Maryanne Sholdra (Wards One and Three) 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 28, February 19 (Tuesday), March 3 and 31, April 21, May 12, June 2 and 23, September 2 (Tuesday) and 22, October 14 (Tuesday) and 27, November 24, and December 15, 2008. 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. 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. 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. PLEASE NOTE: Cellular phones/pagers must be switched to the non-audible function
during this meeting.
SECTION ONE CITY COUNCIL
AGENDA SEPTEMBER 22, 2008 Page 100
City Council’s Closed Meeting is scheduled to begin in the Committee Room, Second Floor, Rundle Tower at 3:30 p.m. City Council’s Public Meeting is scheduled to begin in the Arts Resource Centre, 2nd Floor Auditorium, 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 Steve Stewart, Deloitte & Touche LLP, to present the City’s Audited 2007 Financial Statements. Chuck Mercier, Deputy Police Chief, DRPS and Chair of the Durham Region Special Olympics Ontario 2008 Provincial Spring Games, thanking Oshawa for their support of the 2008 Special Olympics held at UOIT/Durham College on May 29, 30 and 31, 2008. Patrick McNeil, Senior Vice President, Nuclear Generation Development, Ontario Power Generation, to present a Progress Report on the New Nuclear Units proposed at the Darlington Nuclear Site. 407 East Project Team, Dan Remollino, Ministry of Transportation (Ontario), Project Manager, Brenda Jamieson and Doug Allingham, Totten Sims Hubicki Project Managers, to provide a presentation concerning the 407 East Environmental Assessment and Preliminary Design Study - Preliminary Design Phase 1.
City Council Agenda - 101 - September 22, 2008 DELEGATIONS/DELEGATION REQUESTS Delegations 1. Neal Mattice, on behalf of Oshawa taxi drivers, requesting to address City
Council in opposition to Item 29 of the Forty-second Report of the Finance and Administration Committee, regarding a proposed meter rate increase and surcharge to compensate drivers for increased fuel costs. (All Wards)
Delegation Requests 1. James Lachance, Owner, Canada Designated Driving Services, requesting to
address City Council in opposition to Item 23 of the Forty-second Report of the Finance and Administration Committee concerning the licensing and regulation of driving services in Oshawa (All Wards) (Delegation Request reproduced in Section Two – Correspondence.)
PUBLIC MEETINGS None. CORRESPONDENCE REQUESTS 1. Ministry of Health Promotion, Cynthia Morton, Deputy Minister, advising the
province is currently accepting expressions of interest for support under the Ontario International Amateur Sport Hosting Policy for the period 2009 to 2010, to be submitted in writing by October 17, 2008. (All Wards) (Placed on the agenda at the request of Councillor Lutczyk.)
2. Bryan Hackett, Hackett Simpson Tripodi LLP, Barristers & Solicitors, on behalf of
Adel Kirloss, Landlord, inquiring as to whether Councillor Nicholson’s appearance before the Landlord and Tenant Board as an agent for the Tenants concerning a Landlord & Tenant matter (TST-01070-IN) with respect to 196 Spadina Road, Toronto was authorized by City Council. (All Wards)
3. Municipality of Kincardine, Melanie Hogeveen, Deputy Clerk, requesting
endorsement of their resolution supporting the recommendations contained in the Report on Removing Barriers for International Medical Doctors by Etobicoke-Lakeshore M.P.P. Lauren Broten, Parliamentary Assistant to the Minister of Health and Long Term Care. (All Wards) (Placed on the agenda at the request of Councillor Neal.)
City Council Agenda - 102 - September 22, 2008 4. J. L. Richards and Associates Limited, David Hunter, on behalf of FarmTech
Energy Corporation, commenting on a September 3, 2008 article in Oshawa This Week entitled ‘Politicians Get Between FarmTech and MOE’ and advising the article is inaccurate as no request has been made to the Ministry of the Environment for an exemption from air, noise or effluent quality criteria, and further, legislation does not require approvals to be made in a successive manner, adding they are confident the technical grounds set out in their documentation will support the proposed ethanol facility and they look forward to working with the City to address technical issues and advance the review process. (Ward 1)
ADDITIONAL AGENDA ITEMS/MOTIONS (As may be distributed to or introduced by Council members)
PUBLIC CONSENT AGENDA That all items listed under the heading of Consent Agenda for the September 22, 2008 public meeting agenda be adopted as recommended. ADOPTION OF MINUTES That the minutes of the September 2, 2008 City Council meeting be adopted. CORRESPONDENCE Correspondence – Received and Filed That correspondence listed in Appendix A to the Public Agenda for the September 22, 2008 City Council meeting be received and filed. Correspondence None.
City Council Agenda - 103 - September 22, 2008 COMMITTEE REPORTS Report of the Development Services Committee The Development Services Committee respectfully reports and recommends to City Council its Fifty-fourth Report. 1. Bernie Morton and Dan O’Connor – Request to address Committee concerning
DS-08-336 – Motion CM-08-64 Application for a Ministry of the Environment Certificate of Approval (Air) – Proposed Ethanol Plant (DS-08-347) Dan O’Connor, FarmTech Energy Corporation – Motion CM-08-64 Application for a Ministry of the Environment Certificate of Approval (Air) – Proposed Ethanol Plant (DS-08-336) (Ward 1) (See Pages 400 to 401 and Pages 153 to 154 and Handout) Recommendation That Correspondence DS-08-347 dated September 5, 2008 from Bernie Morton and Dan O’Connor requesting to address Committee concerning Correspondence DS-08-336 and the portion of Correspondence DS-08-336 urging Council to defeat Motion CM-08-64 be referred to the September 22, 2008 City Council meeting.
2. Marcelino and Jennifer Mata – Expressing Support of the Revised Proposal by
Dundurn Edge Developments Inc. (DS-08-296) (Ward 7) (See Page 407 and Page 49) Recommendation That Correspondence DS-08-296 dated June 17, 2008 from Marcelino and Jennifer Mata expressing support of the revised proposal by Dundurn Edge Developments Inc. be received for information.
3. Scott Pidgen, Oshawa Accessibility Advisory Committee – Durham Region
Transit Review of Policy and Procedures Concerning the Allowance of Non-Service Animals on Transit Vehicles (DS-08-297) (All Wards) (See Page 407 and Page 50) Recommendation That City Council endorse the Oshawa Accessibility Advisory Committee’s resolution requesting Durham Region Transit review their policy and procedures concerning the allowance of non-service animals on transit vehicles in consultation with the Accessibility Advisory Committees in Durham Region.
City Council Agenda - 104 - September 22, 2008 4. R.A. Fowler, Ontario Property and Environmental Rights Alliance, Species at
Risk Act (ESA 2007) (DS-08-298) (All Wards) (See Page 407 to 408 and Pages 51 to 64) Recommendation That Correspondence DS-08-298 dated June 30, 2008 from R.A. Fowler, Ontario Property and Environmental Rights Alliance concerning the Species at Risk Act (ESA 2007) be received for information.
5. Honourable Lincoln Alexander, Ontario Heritage Trust – Lieutenant Governor’s Ontario Heritage Award for Community Leadership (DS-08-300) (All Wards) (See Page 408 and Pages 65 to 68) Recommendation That Correspondence DS-08-300 dated June 20, 2008 from the Honourable Lincoln Alexander, Ontario Heritage Trust inviting nominations for the Lieutenant Governor’s Ontario Heritage Award for Community Leadership be received for information given that staff has consulted with Rosemary Mason who suggested we forego this year and consider in future years.
6. Donna Cansfield, Minister of Natural Resources – Endangered Species Act,
2007 (DS-08-302) (All Wards) (See Page 408 and Pages 69 to 70) Recommendation That Correspondence DS-08-302 dated July 4, 2008 from Donna Cansfield, Minister of Natural Resources - Endangered Species Act, 2007 be received for information.
7. C. Anne Greentree, Municipality of Clarington – Go Rail Service Extension to Bowmanville Feasibility Study (DS-08-313) (All Wards) (See Page 409 and Pages 77 to 78) Recommendation That Correspondence DS-08-313 dated July 16, 2008 from C. Anne Greentree, Deputy Clerk, Municipality of Clarington concerning the Go Rail Service extension to Bowmanville Feasibility Study be received for information.
City Council Agenda - 105 - September 22, 2008 8. Debi Wilcox, City of Pickering – Region of Durham’s Growth Plan Implementation
Study (DS-08-316) (All Wards) (See Page 410 and Pages 80 to 104) Recommendation That Correspondence DS-08-316 dated July 31, 2008 from Debi Wilcox, City Clerk, City of Pickering concerning the Region of Durham’s Growth Plan Implementation Study be received for information.
9. Kim Coates, Township of Scugog - Official Plan Review, Planning Directions Report (DS-08-317) (All Wards) (See Pages 410 to 411 and Pages 105 to 147) Recommendation That Correspondence DS-08-317 dated July 30, 2008 from Kim Coates, Clerk, Township of Scugog providing a copy of the Township of Scugog Official Plan Review – Planning Directions Report be received for information.
10. Ed Babut – Rundle House Update (DS-08-329) (Ward 5) (See Page 411 and Pages 148 to 152) Recommendation That Correspondence DS-08-329 dated August 27, 2008 from Ed Babut submitting comments and photographs of the demolition of Rundle House be received for information.
11. Application to Remove Part Lot Control – Blocks 110 to 121 Inclusive, Plan 40M 2369, Fetchison Drive and Frolis Street – Dusty Dawn Developments (DS-08-208) (Ward 7) (See Pages 418 to 419 and Pages 165 to 166) Recommendation Whereas an application has been made to permit the conveyance of individual street townhouses on Blocks 110 to 121 inclusive, Plan 40M-2369 and to create related maintenance easements; and, Whereas the street townhouses are permitted by Zoning By-law No. 60-94 and were approved by Council as part of draft plan of subdivision S-O-2004-04;
City Council Agenda - 106 - September 22, 2008
Therefore the application for removal of part lot control be approved for Blocks 110 to 121 inclusive, Plan 40M-2369 on Fetchison Drive and Frolis Street and the necessary by-law be passed.
12. Applications to Amend the Taunton Part II Plan and Zoning By-law No. 60-94, East of Harmony Road North between Taunton Road East and Coldstream Drive, Calloway REIT (Harmony) Inc. (DS-08-306) (Ward 6) (See Page 419 and Pages 253 to 262) Recommendation 1. That the application submitted by Calloway REIT (Harmony) Inc. to amend
the Taunton Part II Plan to permit a larger department store that includes food store space east of Harmony Road North, south of Coldstream Drive be approved in accordance with the comments contained in Report DS-08-306, dated September 3, 2008.
2. That the application submitted by Calloway REIT (Harmony) Inc. to amend
Zoning By-law No. 60-94 to permit a larger department store that includes food store space east of Harmony Road North, south of Coldstream Drive be approved in accordance with the comments contained in Report DS-08-306 dated September 3, 2008.
3. That in accordance with Section 34(17) of the Planning Act and
notwithstanding that the rezoning proposed in the public meeting report and at the public meeting differs to some degree from that approved by City Council, such differences are not substantial enough to require further notice and another public meeting.
13. Application to Amend Zoning By-law No. 60-94, 63 Albany Street, First Canadian
Huaxing Corp. (DS-08-310) (Ward 2) (See Page 420 and Pages 263 to 270) Recommendation That the application submitted by First Canadian Huaxing Corporation to amend Zoning By-law No. 60-94 to permit an apartment building as an additional permitted use at 63 Albany Street be approved in accordance with the comments contained in Report DS-08-310, dated September 3, 2008.
City Council Agenda - 107 - September 22, 2008 14. Draft Proposed Terms of Reference for the Development of an Assessment
Report and Source Protection Plan for the Central Lake Ontario Source Protection Area (DS-08-326) (All Wards) (See Pages 420 to 421 and Pages 295 to 386) Recommendation 1. That Report DS-08-326 dated September 3, 2008 be forwarded to the
CTC Source Protection Committee as the City of Oshawa’s comments on the draft proposed Terms of Reference for an Assessment Report and Source Protection Plan for the Central Lake Ontario Source Protection Area.
2. That Susan Self, Chair, CTC Source Protection Committee be advised, in
response to her specific request, that:
(a) The City of Oshawa has not identified any exemptions to the listed municipal drinking water systems to be included in the Assessment Report;
(b) The City of Oshawa has not identified any existing or planned drinking water systems to be added to the Assessment Report; and
(c) The City of Oshawa has not been assigned any specific work in the Terms of Reference and has not identified any work that should be assigned to the City of Oshawa.
3. That the Ministry of the Environment be requested to consider a study of
the overall sustainable carrying capacity of Lake Ontario for supplying high quality drinking water in consultation with appropriate agencies in the United States.
4. That a copy of Report DS-08-326 dated September 3, 2008 and City
Council’s related resolution be forwarded to the CTC Source Protection Committee, Minister of the Environment, Central Lake Ontario Conservation Authority, Region of Durham and Durham lakeshore area municipalities.
15. Application for Removal of Part Lot Control –72 & 80 Tecumseh Avenue,
Ann Sheremeta (DS-08-327) (Ward 4) (See Pages 421 to 422 and Pages 387 to 388) Recommendation Whereas an application has been made to separate 72 and 80 Tecumseh Avenue which have inadvertently merged on title; and
City Council Agenda - 108 - September 22, 2008
Whereas the approval of the application is deemed appropriate and is intended to permit the conveyance of a duplex located at 72 Tecumseh Avenue and a single detached dwelling located at 80 Tecumseh Avenue in compliance with the provisions of Zoning By-law No. 60-94; Therefore the application for removal of part lot control be approved for 72 and 80 Tecumseh Avenue (Lot 111 and Part of Lots 108 and Lot 112 and Part of Block A, Registered Plan 318) subject to the following conditions: 1. That the necessary by-law be passed after:
(a) An appropriate survey describing the proposed lots and any required maintenance easement has been deposited;
(b) Any required Committee of Adjustment variances are approved and are in effect;
(c) A building audit with respect to spatial separation between the east wall of the existing single detached dwelling at 80 Tecumseh Avenue and the proposed lot line and the west wall of the duplex located at 72 Tecumseh Avenue and the proposed lot line is prepared to the City’s satisfaction by a qualified professional which documents any necessary works required to achieve compliance with the Ontario Building Code;
(d) The owner obtains the necessary building permit to undertake any works at 72-80 Tecumseh Avenue identified by the building audit and that such works be completed; and
(e) If necessary, as an alternative to (d) above, a spatial separation agreement is executed to the satisfaction of the City which would prevent any new building, as appropriate, from being built too close to the proposed lot line.
2. This conditional approval shall expire on September 22, 2009 if the above conditions have not been satisfied.
16. Application for Variances to Sign By-law No. 72-96 – 481 Gibb Street –
Loblaw Superstore (DS-08-328) (Ward 2) (See Pages 422 to 423 and Pages 389 to 393) Recommendation Whereas in 1999, Council approved an application submitted by Loblaws Inc. for variances to the sign by-law to permit two fascia signs on the north building elevation and one fascia sign on the south building elevation; and,
City Council Agenda - 109 - September 22, 2008
Whereas Loblaw Superstore has now applied for the following variances: (a) To permit two additional fascia signs on the north building elevation
whereas the sign by-law, as varied, only permits two fascia signs facing the street line;
(b) To permit two additional fascia signs on the south building elevation whereas the sign by-law, as varied, only permits one fascia sign on this building elevation;
(c) To permit five fascia signs and two corporate logos on the west building elevation whereas the sign by-law only permits one fascia sign and one corporate logo facing the street line; and,
Whereas the signs are considered appropriate for the new corporate image of a large Loblaw Superstore (supermarket) at the intersection of two arterial roads; Therefore, the application for variances to Sign By-law No. 72-96 submitted by Loblaw Superstore (File SV-13/2008) to permit additional fascia signs and a corporate logo at 481 Gibb Street, be approved.
17. Application for Variances to Sign By-law No. 72-96 – 2061 Simcoe Street North – TD Canada Trust (DS-08-331) (Ward 7) (See Page 423 and Pages 394 to 397) Recommendation Whereas TD Canada Trust has applied for the following variances: (a) To permit one fascia sign (corporate logo) on an architectural feature
above the roof line on the north, south, east and west sides of the building whereas the sign by-law does not permit fascia signs on such an architectural feature;
(b) To permit two fascia signs on the south building elevation whereas the sign by-law only permits fascia signs that face a street line;
(c) To permit two directional signs on a building projection over the drive thru, one that is 2.74 square metres (29.5 sq. ft.) in sign area and a second that is 2.65 square metres (28.5 sq. ft.) in sign area and both have a clearance of 3 metres (10 ft.) for vehicle access whereas the sign by-law restricts the maximum sign area of a directional sign to 0.40 square metres (4.3 sq. ft.) and requires a minimum clearance of 4.25 metres (14 ft.) for signs that project over an area in which vehicles have access; and,
(d) To permit three fascia signs on the east building elevation whereas the sign by-law only permits fascia signs that face a street line;
(e) To permit two directional signs that have 0.5 square metres (5.4 sq. ft.) in sign area whereas the sign by-law restricts the maximum sign area of a directional sign to 0.40 square metres (4.3 sq. ft.); and
City Council Agenda - 110 - September 22, 2008
(f) To permit a directional sign with a minimum clearance of 2.4 metres (8 ft.) whereas the sign by-law requires a minimum clearance of 4.25 metres (14 ft.);
Whereas the signs are appropriate for the TD Canada Trust building which is situated on a shopping centre site; and, Therefore, the application for variances to Sign By-law No. 72-96 submitted by TD Canada Trust (File SV-12/2008) to permit additional fascia signs and the proposed directional signs at 2061 Simcoe Street North be approved.
18. Application for a Variance to Sign By-law No. 72-96 – 360 King Street West – Trios College (DS-08-332) (Ward 4) (See Page 424 and Pages 398 to 400) Recommendation Whereas Trios College has applied for a variance to Sign By-law No. 72-96 to permit a 4.0 square metre (43 sq. ft.) fascia sign on a projecting architectural feature of the building which also extends above the roof line at 360 King Street West; and, Whereas Sign By-law No. 72-96 does not permit fascia signs on such an architectural feature; and, Whereas the fascia sign is considered appropriate; Therefore, the application for a variance to Sign By-law No. 72-96 submitted by Trios College (File SV-11/2008) to permit a fascia sign on an architectural feature of the building at 360 King Street West, be approved.
19. Beatrice Street East Warm Mix Asphalt (WMA) Pilot Project 2008 Fall Overlay Program (DS-08-330) (Wards 5 & 7) (See Page 424 and Pages 401 to 404) Recommendation That Report DS-08-330 dated September 3, 2008 titled ‘Beatrice Street East Warm Mix Asphalt (WMA) Pilot Project 2008 Fall Overlay Program’ be received for information.
City Council Agenda - 111 - September 22, 2008 20. Request for Easement, 1670 Simcoe Street North, Dundurn
Capital Corporation Inc. (DS-08-321) (Ward 7) (See Pages 424 to 425 and Pages 417 to 419) Recommendation Whereas on May 4, 1970 an easement was registered as Instrument No. OS183526 in favour of the City of Oshawa over a portion of the property known municipally as 1670 Simcoe Street North for the purpose of the construction and maintenance of a sanitary sewer; and, Whereas the owner has requested that the City release the said easement as it will facilitate the development of the site; and, Whereas there is no sewer in the easement and the Region of Durham, which is now responsible for sanitary sewer services, has no objection to the release; Therefore be it resolved that the easement described in Instrument number OS183526 be forever released and abandoned; and that the Mayor and Clerk be authorized to sign any documents necessary in the opinion of the City Solicitor to give effect to the foregoing; and that the owner of the property known municipally as 1670 Simcoe Street North pay to the City an administration fee of $1,000 for the release.
21. Change for the Environment® Program (DS-08-324) (All Wards) (See Page 425 and Pages 424 to 437) Recommendation That the City monitor the success of the Change for the Environment® pilot projects in Belleville, Quinte West and Toronto and report back when the results of these pilot projects are available.
22. Response to Heather Brooks, Central Lake Ontario Conservation - Requesting Support of the Environmental Commissioner’s Ten Recommendations (DS-08-334) (All Wards) (See Pages 425 to 426 and Page 438) Recommendation Whereas the Development Services Committee referred to staff correspondence DS-08-232 dated May 28, 2008 from Heather Brooks, Central Lake Ontario Conservation providing a copy of the CLOCA Board report and response to the Grand River Conservation Authority’s resolution requesting support from other
City Council Agenda - 112 - September 22, 2008
GTA Conservation Authorities for the Ten Recommendations in the Provincial Environment Commissioner’s 2006-2007 Annual Report; and, Whereas the Development Services Committee and Council received for information Report DS-08-45 dated January 25, 2008 regarding the Provincial Environment Commissioner’s 2006/2007 Annual Report and Recommendations; Therefore, correspondence DS-08-232 from Heather Brooks be received for information.
23. Application for Variances to Sign By-law No. 72-96 – 991 Taunton Road East – Smart Centres (DS-08-342) (Ward 6) (See Pages 426 to 427 and Handout) Recommendation Whereas Smart Centres has applied for the following variances to Sign By-law No. 72 96: (a) To permit fascia signs on the north and west building elevations that have
words with different font sizes and dimensions whereas the sign by-law requires the font and dimensions of all words in a sign message to be identical; and,
(b) To permit various fascia signs on the north building elevation and one
fascia sign on the west building elevation to project more than 1.0 metre (3.3 ft.) above the roof line whereas the sign by-law only permits fascia signs to project a maximum of 1.0 metre (3.3 ft.) above the roof line;
(c) To permit a maximum total sign area of 434 square metres (4,6872 sq. ft.)
for all signs on the north building elevation whereas the sign by-law only permits a maximum total sign area of 150 square metres (1,615 sq. ft.) for all signs on one building elevation;
(d) To permit a pylon sign with a maximum sign area of 35.4 square metres
(381.05 sq. ft) whereas the sign by-law only permits a pylon sign with a maximum sign area of 10.0 square metres (107.64 sq. ft.);
(e) To permit a pylon sign with a maximum height of 12.2 metres (40 ft.)
whereas the sign by-law only permits a pylon sign with a maximum height of 8.0 metres (26 ft); and
Whereas the proposed signage is appropriate for this large commercial site; Therefore, the application for variances to Sign By-law No. 72-96 submitted by Smart Centres (File SV-14/08) related to various fascia signs and a larger pylon
City Council Agenda - 113 - September 22, 2008
sign at 991 Taunton Road East, be approved subject to a condition that only one pylon sign be permitted on the subject site.
24. Status of the Discussions Concerning Possible Revisions to Design of the Tim Horton’s Drive -Through, 1251 Simcoe Street North (DS-08-303) (Ward 7) (See Pages 427 to 428 and Pages 214 to 222) Recommendation That, pursuant to Report DS-08-303, dated September 3, 2008, Tim Horton’s and the owner of 1251 Simcoe Street North be requested to submit application(s) to facilitate the implementation of the revised site plan generally as shown on Exhibit No. 3 to said Report in order to improve the drive-through queuing design and reduce the traffic safety issues on Simcoe Street North to the satisfaction of the Region and City; That the Region of Durham be requested to come up with a long-term traffic plan to address traffic issues on Simcoe Street, Oshawa’s main street; and That Community partners be invited to weigh-in at the Region.
25. 2006 Census – Oshawa Community Profile (DS-08-312) (All Wards) (See Page 428 and Pages 271 to 296) Recommendation That Report DS-08-312 dated September 3, 2008 on the 2006 Census – Oshawa Community Profile be received for information.
26. Consumers Drive Extension Class EA Study, Thickson Road South to Thornton Road South (DS-08-325) (Ward 2) (See Pages 428 to 429 and Pages 287 to 294) Recommendation That Report DS-08-325 dated September 3, 2008, titled ‘Consumers Drive Extension Class EA Study, Thickson Road South to Thornton Road South’ be received for information.
City Council Agenda - 114 - September 22, 2008 27. Correspondence from Pat Madill, Region of Durham – Growth Plan for the
Greater Golden Horseshoe – Proposed Size and Location of Urban Growth Centres in the Greater Golden Horseshoe Technical Paper (DS-08-305)
(Wards 2 & 5) (See Page 429 and Page 223 to 252) Recommendation Whereas on May 12, 2008, City Council endorsed Report DS-08-152, dated April 23, 2008, as the City’s comments regarding the Ministry of Public Infrastructure Renewal’s Spring 2008 Technical Paper “Proposed Size and Location of Urban Growth Centres in the Greater Golden Horseshoe”; and, Whereas Report DS-08-152 indicates that the boundaries for the Downtown Oshawa Urban Growth Centre as proposed by the Ministry of Public Infrastructure Renewal are acceptable and will be more precisely delineated in the Oshawa Official Plan; and, Whereas on June 9, 2008, the Development Services Committee referred to staff correspondence DS-08-227, dated May 29, 2008, from the Region of Durham providing its comments on the Proposed Size and Location of Urban Growth Centres; and, Whereas the Region’s comments are consistent with the City’s comments; Therefore that Correspondence DS-08-227, dated May 29, 2008, from Pat Madill, Region of Durham providing a copy of Regional Council’s comments on the “Growth Plan for the Greater Golden Horseshoe – Proposed Size and Location of Urban Growth Centres in the Greater Golden Horseshoe Technical Paper” be received for information.
28. City of Oshawa Priorities for the 2009 Regional Capital Road Program and Four Year Forecast (DS-08-333) (All Wards)
(See Pages 429 to 430 and Pages 405 to 411) Recommendation 1. That Report DS-08-333 dated September 3, 2008 be forwarded to the
Region of Durham as the City’s input on the Region’s 2009 Regional Capital Road Program and Four Year Forecast with the following changes to table 1:
Simcoe St. – Niagara to Conlin be moved from 2010 to 2009 Adelaide Ave./Manning Rd. be moved from 2011 to 2012 Gibb St./Olive Ave. – Simcoe to Ritson be moved from 2011 to
2012
City Council Agenda - 115 - September 22, 2008
Consumers Dr. – Town of Whitby to Thornton be moved from 2011 to 2010
Thornton Rd. – Champlain to King be moved from 2012 to 2010; and
2. That staff prepare a follow-up information report to Committee and Council
to be forwarded to Regional Council outlining why the City of Oshawa’s list of road priorities are important to the City.
29. Estimated Economic Impact of Downtown Hotel and Convention Centre
(DS-08-323) (Ward 5) (See Pages 430 to 431 and Pages 420 top 423) Recommendation That Report DS-08-323 dated September 3, 2008 on the Estimated Economic Impact of the Downtown Hotel and Convention Centre be received for information.
30. Simcoe Street North Heritage Conservation District Study – Open House (DS-08-362) (Ward 5)
(See Page 431) Recommendation That City Council reconsider its decision of June 23, 2008 concerning the Simcoe Street North Heritage Conservation District Study.
Report of the Finance and Administration Committee The Finance and Administration Committee respectfully reports and recommends to City Council its Forty-second Report. 1. Appeal of Muzzle and Control Order – Michelle Coates (FA-08-188) (Ward 6)
(See Pages 500 to 501 and Pages H1 to H37)
Recommendation
That the appeal of the Muzzle and Control Order placed on Michelle Coates’ dog ‘Brutus’ be denied.
City Council Agenda - 116 - September 22, 2008 2. Appeal of Muzzle and Control Order – Samantha Burrell (FA-08-189) (Ward 4)
(See Pages 501 to 502 and Pages H38 to H97)
Recommendation That the appeal of the Muzzle and Control Order placed on Samantha Burrell’s dog ‘Logan’ be denied.
3. Nancy Birnbaum, President and CEO, Invest in Kids – Vital Communities, Vital
Support – How well do Canada’s Communities Support Parents of Young Children? Phase 1 Report: What is Known (FA-08-193) (All Wards)
(See Page 502 and Pages 9 to 18) Recommendation That Correspondence FA-08-193 dated June 1, 2008 from Nancy Birnbaum, President and CEO, Invest in Kids, regarding a research initiative to determine the extent to which parents feel supported by their communities be received for information.
4. Melanie Brown – By-law Enforcement in Windfields Farm Area (FA-08-178) (Ward 7)
(See Page 503 and Page 19)
Recommendation That Correspondence FA-08-178 dated June 25, 2008 from Melanie Brown regarding By-law Enforcement in the Windfields Farm area be received for information.
5. Request for Waiving of Fees – Grandview Children’s Centre (FA-08-159) (All Wards)
(See Page 504 and Pages 29 to 32)
Recommendation
That the request for waiving of fees totaling $500 for the Grandview Children’s Centre Christmas Skating Party as outlined in Report FA-08-159 dated July 14, 2008 be denied as the 2008 budget has been expended even though the request meets all criteria established within the Request for Waiving of Fees Policy.
City Council Agenda - 117 - September 22, 2008 6. Request for Waiving of Fees – NASC Softball (FA-08-162) (All Wards)
(See Page 504 and Pages 33 to 35) Recommendation That the request for waiving of fees for $30 for the fundraiser for the NASC Softball Team being held at Alexandra Park as outlined in Report FA-08-162 dated July 15, 2008 not be approved as it does not meet all the criteria established within the Request for Waiving of Fees Policy, and in addition, the budget allocation for waiving of fees has been expended.
7. Request for Waiving of Fees – Refuge Youth Outreach Centre, Durham ¼
Marathon (FA-08-165) (All Wards)
(See Pages 504 to 505 and Pages 36 to 39) Recommendation That although the request for waiving of fees totaling $290.95 for the Durham ¼ Marathon as outlined in Report FA-08-165 dated July 18, 2008 meets all the criteria established within the Request for Waiving of Fees Policy, the request be denied as the funding envelope has been expended.
8. Request for Waiving of Fees – Evangel Church (FA-08-166) (All Wards)
(See Page 505 and Pages 40 to 42) Recommendation That although the request for waiving of fees totaling $212.50 for a non-profit children’s event being held at Cowan Park as outlined in Report FA-08-166 dated July 18, 2008 meets all the criteria established within the Request for Waiving of Fees Policy, the request be denied as the funding envelope has been expended.
9. Request for Waiving of Fees – Walk the Block for Brock - Jesse’s Journey (FA-08-168) (All Wards)
(See Page 505 and Pages 43 to 45) Recommendation That the request for waiving of fees of $131.25 for Walk the Block for Brock – Jesse’s Journey as outlined in Report FA-08-168 dated July 22, 2008 be denied as it does not meet all the criteria established within the Request for Waiving of Fees Policy.
City Council Agenda - 118 - September 22, 2008 10. Request for Waiving of Fees – NASC Soccer (FA-08-170) (All Wards)
(See Page 506 and Pages 46 to 48) Recommendation That the request for waiving of fees for a carnival license of $100 for the NASC Soccer’s year end festival being held at Lakeview Park as outlined in Report FA-08-170 dated July 30, 2008 not be approved as it does not meet all the criteria established within the Request for Waiving of Fees Policy, and in addition, the budget allocation for waiving of fees has been expended.
11. Request for Waiving of Fees – Lupus Ontario (FA-08-174) (All Wards)
(See Page 506 and Pages 49 to 51) Recommendation That although the request for waiving of fees totaling $100 for the Walk for Lupus Fun Fair and Silent Auction as outlined in Report FA-08-174 dated August 13, 2008 meets Council approved criteria, the request be denied as the funding envelope has been expended.
12. Request for Waiving of Fees – Frontenac Youth Services (FA-08-191) (All Wards)
(See Pages 506 to 507 and Pages 52 to 54) Recommendation That the request for the waiving of fees for a room rental of up to $340 for hosting the launch of Frontenac Youth Services as outlined in Report FA-08-191 dated August 22, 2008, although meeting the criteria established by Council, be denied as the funding envelope for waiving of fees has been fully expended.
(See Page 507 and Pages 55 to 58) Recommendation That the request for financial assistance from Brody Hatch for $500 as outlined in Report FA-08-167 dated July 18, 2008 be denied as it does not meet all criteria established within the Request for Financial Assistance Policy.
City Council Agenda - 119 - September 22, 2008 14. Quarterly Report of Councillor’s Expenses (FA-08-163) (All Wards)
(See Page 507 and Pages 59 to 61) Recommendation That Report FA-08-163, Quarterly Report of Councillors’ Expenses, dated July 16, 2008 be received for information.
15. Remuneration and Expenses for the Office of the Mayor and Members of Council
– Revised (FA-08-169) (All Wards)
(See Pages 62 to 64 and Pages 507 to 508) Recommendation That Report FA-08-169, ‘Remuneration and Expenses for the Office of the Mayor and Members of Council – Revised’, dated July 23, 2008 be received for information.
16. Financial Report for the Six Months Ending June 30, 2008 (FA-08-175) (All Wards)
(See Page 508 and Pages 72 to 77) Recommendation That Report FA-08-175, Financial Report for the six months ending June 30, 2008, dated August 20, 2008 be received for information.
17. Accounts for the Month of May 2008 (FA-08-179) (All Wards)
(See Page 508 and Pages 78 to 95) Recommendation That Report FA-08-179, ‘Accounts for the Month of May 2008’ dated August 27, 2008 be received for information.
18. Accounts for the Month of June 2008 (FA-08-180) (All Wards)
(See Page 508 and Pages 96 to 111) Recommendation That Report FA-08-180, ‘Accounts for the Month of June 2008’ dated August 27, 2008 be received for information.
City Council Agenda - 120 - September 22, 2008 19. Summary of Contracts Awarded During the Period of June 1, 2008 to
August 31, 2008 (FA-08-197-CM) (All Wards)
(See Page 509 and Pages 112 to 141) Recommendation That Report FA-08-197-CM dated September 3, 2008 from the City Manager ‘Summary of Contracts Awarded during the Period of June 1, 2008 to August 31,2008’ be received for information.
20. ‘Sticks and Stones May Break My Bones’ Character Building Program (FA-08-181) (All Wards)
(See Page 509 and Pages 142 to 148) Recommendation 1. That Report FA-08-181, ‘Sticks and Stones May Break My Bones’
Character Building Program dated July 28, 2008 be received for information as this program does not meet Council’s approved funding criteria; and
2. That should Council choose to provide financial assistance to the ‘Sticks and Stones May Break My Bones’ Program that direction as to its preferred funding option be provided.
21. 2007 Municipal Performance Measurement Program (MPMP)
(FA-08-198) (All Wards)
(See Pages 509 to 510 and Pages149 to 166) Recommendation 1. That the Municipal Performance Measurements (Attachment 1) to Report
FA-08-198 dated September 3, 2008 be approved; and
2. That the City of Oshawa advertise in a local newspaper that the annual Municipal Performance Measurements are now available on the City’s website or may be obtained by contacting staff in Finance Services.
City Council Agenda - 121 - September 22, 2008 22. Graffiti Vandalism (FA-08-138) (All Wards)
(See Page 510 and Pages 167 to 171) Recommendation 1. That Report FA-08-138 dated September 3, 2008 regarding graffiti
vandalism be received for information;
2. That Municipal Law Enforcement and Durham Regional Police Services continue to work in cooperation to enhance existing communication and education programs regarding graffiti vandalism;
3. That, in addition to the ongoing investigation of complaints, Municipal Law
Enforcement continue to assign resources on a quarterly basis to address graffiti vandalism in Oshawa; and
4. That Item 18 – Graffiti on Public Buildings, Mail Boxes, and Hydro Boxes
on the Finance and Administration Committee Outstanding Items Status Report be removed.
23. Licensing and Regulation of Designated Driving Services – Proposed By-law (FA-08-171) (All Wards)
(See Pages 510 to 511 and Pages 172 to 179) Recommendation 1. That Report FA-08-171 dated September 3, 2008 entitled ‘Licensing and
Regulation of Designated Driving Services – Proposed By-law’ be received for information;
2. That the proposed amendments to By-law 120-2005, pertaining to the
licensing and regulation of designated driving companies, as set out in Schedule “A” (Attachment 1) to Report FA-08-171 be adopted; and
3. That Legal Services staff prepare the appropriate short-form wording and
set fines for the licensing and regulation of driving services in Oshawa.
City Council Agenda - 122 - September 22, 2008 24. Taxicab Driver Safety (FA-08-177) (All Wards)
(See Page 511 and Pages 180 to 192) Recommendation 1. That Report FA-08-177 dated September 3, 2008 entitled ‘Taxicab Driver
Safety’ be received for information; and
2. That By-law 50-2003 be amended to require all Oshawa taxicabs owners to provide and maintain either security cameras or Plexiglas shields in Oshawa taxicabs.
25. Municipal Law Enforcement Officers Appointments (FA-08-194) (All Wards)
(See Page 512 and Pages 197 to 201) Recommendation 1. That By-law Number 101-83, as amended, being a by-law pursuant to the
Municipal 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 Lori Eades and John Cappelletti and deleting the name of Mathew Williamson;
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 Lori Eades and John Cappelletti and deleting the name of Mathew Williamson; and
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 Lori Eades and John Cappelletti and deleting the name of Mathew Williamson.”
City Council Agenda - 123 - September 22, 2008 26. Mark Sheriff, Vice-Chair, Santa’s Parade of Lights, Oshawa – Requesting Support for Santa’s Parade of Lights (FA-08-187) (All Wards)
(See Page 513 and Pages 21 to 22) Recommendation Whereas Secretarial Services for Santa’s Parade of Lights were previously provided by the Mayor’s Office; and,
Whereas the Civic Administration does not have the staff resources to provide administrative support services to community groups and special events; and,
Whereas City staff were asked to volunteer their personal time; and,
Whereas two City staff have volunteered to provide secretarial services for Santa’s Parade of Lights; and,
Whereas the City provides a $4,500 annual partnership grant to Santa’s Parade of Lights;
Therefore be it resolved that Correspondence FA-08-187 from Mark Sheriff requesting on behalf Santa’s Parade of Lights, secretarial support and contributions-in-kind for related supplies, be received for information.
(See Pages 514 to 515 and Pages 25 to 28) Recommendation That Council’s Procedural By-law be amended such that all persons not appearing as a delegation at a non-regularly scheduled Committee meeting, where notice of the meeting occurred less than five calendar days prior to the meeting, be permitted to address Council by a simple majority vote.
(See Page 515 and Pages 2 to 4) Recommendation That Correspondence FA-08-184 from Neal Mattice regarding a proposed meter rate increase and surcharge be received for information.
City Council Agenda - 124 - September 22, 2008 29. Request for Taxicab Tariff Rate Increase as Proposed by Oshawa’s
Taxicab Brokers (FA-08-190) (All Wards)
(See Pages 515 to 516 and Pages 193 to 196) Recommendation 1. That Report FA-08-190 dated September 3, 2008 entitled ‘Request for a
Taxicab Tariff Rate Increase as Proposed by Oshawa’s Taxicab Brokers’ be received for information;
2. That the proposed meter rate increase as requested by Oshawa’s taxicab brokers be granted a one-time exemption under Section 4.8.1 of the Taxicab By-law which provides for an annual taxicab tariff rate increase based on the consumer price index; and
3. That prior to October 1, 2008, Oshawa’s taxicab tariff rate be increased to
$3.50 (first 143m or part thereof) plus $1.75 per each additional km or part thereof (or $.25 for each additional 143m or part thereof).
30. City Council Directive – Grand Opening Regent Theatre (FA-08-192) (All Wards)
(See Page 516) Recommendation That City Council Directive FA-80-192 dated September 2, 2008 concerning purchasing a corporate table for the grand opening of the Regent Theatre be received for information.
31. Beatrice Henderson – Request to Address Committee Concerning By-law
Officials (FA-08-186) (All Wards)
(See Page 517 and Page 8) Recommendation That Correspondence FA-08-186 dated July 31, 2008 from Beatrice Henderson regarding the conduct of By-law Officials when investigating complaints against property at 486 Sedan Crescent, Oshawa be received for information.
32. Temporary Council Chamber (FA-08-204) (All Wards)
(See Page 517) That water be provided in the temporary Council Chamber for both staff and members of the public and that a fan be provided to improve circulation.
City Council Agenda - 125 - September 22, 2008 Report of the Community Services Committee The Community Services Committee respectfully reports and recommends to City Council its Thirty-eighth Report. 1. P.M. Madill, Regional Municipality of Durham – Clear Plastic Bags for the
Collection of Garbage (CS-08-87) (All Wards) (See Page 602 and Pages 13 to 22)
Recommendation That Correspondence CS-08-87 dated June 19, 2008 from P.M. Madill, Regional Municipality of Durham advising of a three month clear bag pilot program for garbage collection be received for information.
2. Leah Herman, Stewardship Ontario – New Waste Diversion Program Targeting
Municipal Hazardous or Special Waste (CS-08-89) (All Wards) (See Page 602 and Pages 28 to 31)
Recommendation
That Correspondence CS-08-89 dated July 2, 2008 from Leah Herman, Stewardship Ontario, advising of a new waste diversion program targeting municipal hazardous or special waste be received for information.
3. Dr. Michael Murphy, Sport Alliance of Ontario – Ontario Games Program (CS-08-90) (All Wards)
(See Page 603 and Pages 32 to 34)
Recommendation
That Correspondence CS-08-90 dated July 2, 2008 from Dr. Michael Murphy, Sport Alliance of Ontario, concerning the 2010 Ontario Senior Games Actifest 2010 be referred to correspondence sent to Sports Alliance of Ontario dated July 31, 2008 and Council Resolution 458 in the Council minutes of July 10, 2008.
City Council Agenda - 126 - September 22, 2008 4. Jennifer Cowie Bonne, Play Works – Youth Friendly Community Recognition
Program (CS-08-91) (All Wards) (See Page 603 and Pages 35 to 43)
Recommendation
That Correspondence CS-08-91 dated June 23, 2008 from Jennifer Cowie Bonne, Play Works (The Ontario Partnership For Active Youth), forwarding the 2008 application for their Youth Friendly Community Recognition Program be received for information.
5. Communities in Bloom, WinterLights and Parks Community Programs (CS-08-100) (All Wards)
(See Page 605 and Pages 50 to 66)
Recommendation
1. That the City participate in the 2009 National Edition of the CiB program in
the Friends, Evaluated category to maintain its 5 Bloom standing. 2. That the local Festive Lighting competition continue in 2008 and be
discontinued in 2009. 3. That the City Of Oshawa not participate in the WinterLights competition in
2008. 4. That Council authorize City staff to explore with community partners the
possibility of a Family Day Winter Festival in February 2010 and that staff report back to Council on the proposed program, budget, partners and sponsorship funding.
5. That the WinterLights/Festive Lighting Budget of $16,450 be allocated to fund the 2009 CiB National Edition Friends Evaluated Category.
6. Proposed Lakeridge Health Cardiac Rehabilitation Program (CS-08-99)(All Wards)
(See Page 605 and Pages 73 to 78)
Recommendation
1. That based on Report CS-08-99, dated August 27, 2008 the request by
Lakeridge Health Corporation to develop a partnership with the City of Oshawa to offer a Cardiovascular Prevention and Rehabilitation Program at the Civic Auditorium Complex and the Legends Centre be approved;
City Council Agenda - 127 - September 22, 2008
2. That the City enter into an agreement as outlined in the report, with terms and conditions to be finalized by the City Solicitor and Commissioner, Community Services Department; and
3. That the Mayor and City Clerk be authorized to execute the agreement with Lakeridge Health Corporation.
7. Modification to Traffic Control at Various Locations (CS-08-95)(Wards 3, 5, 6 and 7)
(See Page 606 and Pages 83 to 86)
Recommendation
1. That 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
3 Townline Road South Down Crescent (south leg)
Stop
3 Townline Road South Southport Drive Stop 5 Darcy Street Darcy Street and
City Council Agenda - 128 - September 22, 2008 8. Depot Environmental Assessment Phase II Update (CS-08-96) (All Wards)
(See Page 608 and Pages 67 to 72)
Recommendation
That Report CS-08-96 dated September 4, 2008 be received for information and that staff proceed to Phase 3.
9. Directive from Finance and Administration Committee: Garth Riley and Jennifer
Adamson – Requesting Support for Parenting Events and National Bully Awareness Week (CS-08-85) (All Wards) Motion in Response to Garth Riley and Jennifer Adamson, Direction from Finance and Administration Committee FA-08-156, Part 1) referred to Community Service Committee (CS-08-101) (All Wards) (See Page 608 and Pages 1 to 11 and 79)
Recommendation
1. That Correspondence CS-08-85 Part 1) dated June 23, 2008 from the
Finance and Administration Committee be received for information; and, 2. That the information concerning bully awareness programs and requests
for support received from Jennifer Adamson and Garth Riley be forwarded to the Durham Regional Health and Social Services Committee for information, along with a recommendation that Jennifer Adamson and Garth Riley be invited to provide a presentation of their ‘Sticks and Stones May Break My Bones’ Character Building Program to the Durham Regional Health and Social Services Committee to increase public awareness; and,
3. That CS-08-101 be referred back to staff and Finance Services and
Community Services staff meet to develop an anti-bullying campaign for implementation in City facilities, and Garth Riley and Jennifer Adamson be consulted for input; and,
4. That the City of Oshawa endorse Garth Riley’s and Jennifer Adamson’s
‘Sticks and Stones May Break My Bones’ Character Building Program as a vehicle to address issues of bullying, and, further, that area municipalities be so advised.
City Council Agenda - 129 - September 22, 2008 Report of the Strategic Initiatives Committee The Strategic Initiatives Committee respectfully reports and recommends to City Council its Twenty-fourth Report. 1. Paul-André Larose – EA Process – The Incinerator Project – Failure Modes (SIC-08-33) (All Wards)
(See Page 700 and Pages 1 to 10) Recommendation That Correspondence SIC-08-33 dated June 23, 2008 from Paul-André Larose submitting a copy of his submission to Durham Council entitled E.A. Process: The Incinerator Project: Failure Modes be received for information.
2. Shawn D. Lumsden – Questioning if Durham Region is the new ‘air dump’ for Ontario (SIC-08-35) (All Wards) (See Page 700 and Pages 11 to 14) Recommendation
That Correspondence SIC-08-35 dated June 25, 2008 from Shawn D. Lumsden questioning if Durham Region is the new “air dump” for Ontario be received for information.
3. Jim Freeman, President, Durham Region Labour Council – Manufacturing Job
Losses (SIC-08-34 ) (All Wards) (See Page 701 and Page 15) Recommendation That Correspondence SIC-08-34 dated June 18, 2008 from Jim Freeman, President, Durham Region Labour Council concerning manufacturing job losses be endorsed.
City Council Agenda - 130 - September 22, 2008 4. Les MacDonald, CAW Local 222 – Manufacturing Job Losses in the City of
Oshawa (SIC-08-36) (All Wards) (See Page 701 and Pages 16 to 18) Recommendation That Correspondence SIC-08-36 dated June 26, 2008 from Les MacDonald, Secretary Treasurer, Retired Workers Chapter, CAW Local 222 requesting City Council call on the federal government to address the impact of manufacturing job loss in the City of Oshawa be endorsed.
5. Discount Tuition Fees for native-born Oshawa citizens/principle residents at
Durham College and UOIT (SIC-08-37) (All Wards) (See Page 702 and Pages 32 to 33) Recommendation That City Council Directive SIC-08-37 dated June 23, 2008 requesting Durham College and UOIT consider offering all native-born Oshawa citizens/principle residents of Oshawa a discount on their tuition costs and future enrolment fees at Durham College and UOIT be referred to the Presidents of Durham College and UOIT and their boards.
Report of the Accountability and Transparency Sub-Committee The Accountability and Transparency Sub-Committee respectfully reports and recommends to City Council its Sixth Report. 1. Accountability and Transparency Policy and Council Charter Public Consultation
Results (ATSC-08-19) (All Wards) (See Page 800 and Pages 1 to 18) Recommendation 1. That the Accountability and Transparency Policy and the Council Charter,
as reflected in Attachments 1 and 2 to Report ATSC-08-19, be approved and that staff bring forward any necessary by-laws to implement the Policy and Charter respectively; and,
2. That Council receive the final report of the Accountability and
Transparency Subcommittee, being the report from the NINTH meeting of the Subcommittee held on September 11, 2008, and that the Accountability and Transparency Subcommittee be disbanded.
City Council Agenda - 131 - September 22, 2008 COMMITTEE OF THE WHOLE REPORTS 1. Rick Stockman, Commissioner, Corporate Services Department, submitting
Report CM-08-65 concerning the 2007 Audited Financial Statements. (All Wards)
(See Pages 800 to 820)
Recommendation 1. That the financial statements for the year ended December 31, 2007
attached to Report CM-08-65 dated September 2, 2008 be approved; 2. That notice of the availability of the financial statements through the City’s
website or upon request to Finance Services be published in a newspaper having general circulation in the City; and,
3. That the financial statements be forwarded to appropriate interested
stakeholders, including the Province of Ontario and the City’s bank. 2. Bob Duignan, City Manager, submitting Report CM-08-66 concerning Members’
of City Council Information on Website. (All Wards)
(See Pages 821 to 827)
Recommendation That the following policy be approved with respect to members of Council information on the City’s website as outlined in Report CM-08-66 dated September 17, 2008: 1. Individual Councillor’s may through the Councillors’ Administrative Support
personnel:
a. Post biographical information, of up to 150 words, on the City’s website in a form consistent with a Corporate template, and
b. Link a personal website on the City’s website;
2. Councillor’s personal blogs and newsletters shall not be permitted on the City’s website;
3. On December 31st of the year immediately preceding an election year,
individual Councillor’s biographical information and links to personal websites shall be removed from the City’s website; and,
4. Registered candidates have their names and contact information posted
on the City's Municipal Election section of the City’s website without biographical information and links to personal websites.
City Council Agenda - 132 - September 22, 2008 3. Stan Bertoia, Commissioner, Community Services Department, submitting
Report CM-08-67 concerning the Ontario Senior Games 2010 – Actifest Bid (All Wards)
(See Pages 828 to 835)
Recommendation
1. That based on Report CS-08-67 Ontario Senior Games 2010 – Actifest Bid, that Council support the submission of the bid document to Sportalliance Ontario for hosting the Ontario Senior Games 2010 – Actifest;
2. That based on the budget presented in this report that Council approve $40,000 contribution from Corporate contingency as the City’s commitment to the event if the City’s bid is successful; and approximately $50,000 of services in kind, facilities and equipment use.
3. That the Mayor and City Clerk be authorized to sign the official agreement with
Sportalliance Ontario if the City’s bid is successful. MOTIONS “That the City of Oshawa proclaim:
October 31, 2008 to November 11, 2008 as ‘Poppy Week’ and The Royal Canadian Legion flag be flown at City Hall during the week; November as ‘Diabetes Awareness Month’ and November 14, 2008 as ‘World Diabetes Day’; and, November 16, 2008 as ‘Louis Riel Commemoration Day’ and the Métis Flag be flown at City Hall on that day.”
BY-LAWS That By-laws 95-2008 to 106-2008 be passed. 95-2008 A By-law to amend Traffic By-law 79-99.
(Implements direction of September 22, 2008 through Item 7 of the Thirty-eighth Report of the Community Services Committee to modify traffic control at various intersections.) (Wards 3, 5, 6 and 7)
City Council Agenda - 133 - September 22, 2008 96-2008 A By-law to stop and close part of a public highway.
(Implements direction of June 23, 2008 through Item 13 of the Fifty-second Report of the Development Services Committee to stop and close part of the public highway known as Montgomery Street (formerly Haig Street), Plan 258, Except Part 2 and Plan 40R-19837 being Parts 2 and 3 on 40R-21011, and to authorize the sale of lands known as Montgomery Street.) (Ward 1)
97-2008 A By-law to adopt Amendment 137 to the Oshawa Official Plan (Taunton
Part II Plan). (Implements direction of September 22, 2008 through Item 4 of the Fifty-fourth Report of the Development Services Committee to adopt Amendment 137 to the Oshawa Official Plan (Taunton Part II Plan) to permit a larger department store which may include food store space, subject to floor space restrictions, east of Harmony Road North between Taunton Road East and Coldstream Drive, Calloway REIT (Harmony) Inc.) (Ward 6)
98-2008 A By-law to amend Zoning By-law 60-94. (Implements direction of September 22, 2008 through Item 4 of the Fifty-fourth Report of the Development Services Committee to permit a larger department store that includes food store space on the east side of Harmony Road North between Taunton Road East and Coldstream Drive east of Harmony Road North, Calloway REIT (Harmony) Inc.) (Ward 6)
99-2008 A By-law to remove Part Lot Control. (Implements direction of September 22, 2008 through Item 11 of the Fifty-fourth Report of the Development Services Committee to remove part lot control to permit the conveyance of individual street townhouses on Blocks 110 to 121 inclusive, Plan 40M-2369 on Fetchison Drive and Frolis Street and to create related maintenance easements, Dusty Dawn Developments.) (Ward 7)
100-2008 A By-law to remove Part Lot Control. (Implements direction of October 15, 2007 through Item 5 of the
Thirty-second Report of the Development Services Committee to remove part lot control, including any required easements for storm drainage, for 595 King Street East (Part of Lot 1, Sheet 6B4, Registered Plan 370) to sever a 0.13 hectare (0.32 ac.) parcel of land from 595 King Street East (owned by Birchdale Investments Limited) and to add it to the rear of the abutting property at 581 King Street East (owned by 1522693 Ontario Limited – Penzoil Oil Change Centre) to facilitate an expansion to the Penzoil parking area.) (Ward 3)
City Council Agenda - 134 - September 22, 2008 101-2008 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 Blythwood Square and Blythwood Square designated as Block 107, Ormond Drive and Ormond Drive designated as Blocks 108, 109 and 116 Whitstone Drive and Whitstone Drive designated as Blocks 110, 111 and 112, and Sherbrook Court and Sherbrook Court designated as Block 113.) (Ward 7)
102-2008 A By-law to amend Licensing By-law 120-2005. (Implements direction of September 22, 2008 through Item 23 of the Forty-second Report of the Finance and Administration Committee to license and regulate designated driving companies.) (All Wards)
103-2008 A By-law to amend Taxicab Licensing By-law 50-2003.
(Implements direction of September 22, 2008 through Item 24 of the Forty-second Report of the Finance and Administration Committee to require Taxicabs to be equipped with safety devices.) (All Wards)
104-2008 A By-law to amend By-law 122-83 as amended.
(Implements direction of September 22, 2008 through Item 25 of the Forty-second Report of the Finance and Administration Committee pursuant to the Municipal Act and Police Services Act to provide for the appointment of Municipal Law Enforcement Officers by adding to Schedule ‘A’ the names of Lori Eades and John Cappelletti and deleting the name of Mathew Williamson.) (All Wards)
105-2008 A By-law to amend By-law 101-83. (Implements direction of September 22, 2008 through Item 25 of the Forty-second Report of the Finance and Administration Committee 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, by adding to Schedule ‘A’ the names of Lori Eades and John Cappelletti and deleting the name of Mathew Williamson.) (All Wards)
106-2008 A By-law to amend By-law 69-2000.
(Implements direction of September 22, 2008 through Item 25 of the Forty-second Report of the Finance and Administration Committee 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’ the names of Lori Eades and John Cappelletti and deleting the name of Mathew Williamson.) (All Wards)
City Council Agenda - 135 - September 22, 2008
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)
NOTICES OF MOTION (As may be presented by Council members) CONFIRMING BY-LAW A by-law to confirm the City Council meeting of September 22, 2008. ADJOURN
Page 136
APPENDIX A CITY COUNCIL PUBLIC AGENDA
September 22, 2008 For your information, the following correspondence received by the City Clerk will be filed following City Council’s meeting of September 22, 2008: 1. Ontario Municipal Board (OMB), M.A. Sills, Member, forwarding a Memorandum
of Oral Decision dated August 13, 2008 and Order of the Board issued on September 12, 2008 concerning OMB Case PL080620, advising the City’s appeal of a Committee of Adjustment decision which approved an application by Andrew and Jodi Beatty to permit a commercial vehicle having a height of 3.23 metres to be parked in a R1-D(6) (residential) Zone at 960 Ormond Drive where the maximum vehicle height permitted is 2.6 metres is allowed and the variance not authorized. (Ward 2)
2. Ontario Power Generation, Laurie Swami, Director, Licensing, Nuclear
Generation Development Division, inviting the public to attend the fourth round of Environmental Assessment Community Information Sessions held as part of the federal approvals process for the development of a new nuclear plant on the existing Darlington Nuclear site in Clarington, and providing a list of dates, times and locations of the Community Information Sessions. (All Wards) (This correspondence is reproduced in Section Two – Correspondence.)
3. Township of Scugog advising they are updating their Official Plan and will be
hosting two interactive workshops for the public to discuss and comment on their Planning Directions Report and the Township’s future development plans to the year 2031. (All Wards) (This correspondence is reproduced in Section Two – Correspondence.)
4. Ducks Unlimited Canada, Kevin Rich, Municipal Extension Program, forwarding the pilot issue of ‘Natural Heritage Planning News’, a new information resource developed specifically to highlight innovative municipal approaches to natural heritage planning and conservation, and inviting suggestions for future articles.
