CITY COUNCIL MEETING

Transcription

1 CITY COUNCIL MEETING MONDAY, DECEMBER 15, 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, 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 , ext or by to kbressan@oshawa.ca. WEBSITE:

2 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 12, February 2 and 23, March 9, April 6 and 27, May 19 (Tuesday), June 8 and 29, September 8 (Tuesday) and 28, October 19, November 9 and 30, and December 21, 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 PLEASE NOTE: Cellular phones/pagers must be switched to the non-audible function during this meeting.

3 SECTION ONE CITY COUNCIL AGENDA DECEMBER 15, 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, 2 nd 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 MacLennan Jaunkalns Miller Architects Ltd., designers of the South Oshawa Community Centre, to present their Design Exchange Award sponsored by Canadian Business to Mayor Gray. DELEGATIONS/DELEGATION REQUESTS Delegations None. Delegation Requests None. PUBLIC MEETINGS None.

4 City Council Agenda December 15, 2008 CORRESPONDENCE REQUESTS 1. City of Pickering, Debi Wilcox, City Clerk, requesting endorsement of Pickering Council s request to the Minister of Community Safety and Correctional Services to continue the Anti Violence Intervention Strategy program in Durham Region, and to continue to provide funds to Durham Regional Police Services to operate DRAVIS (Durham Region Anti Violence Strategy) and ensure crime prevention initiatives are continued. 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 December 15, 2008 public meeting agenda be adopted as recommended. ADOPTION OF MINUTES That the minutes of the November 24, 2008 City Council meeting be adopted. CORRESPONDENCE Correspondence Received and Filed That correspondence listed in Appendix A to the Public Agenda for the December 15, 2008 City Council meeting be received and filed.

5 City Council Agenda December 15, 2008 Correspondence 31. Oshawa Power & Utilities Corporation (OPUC), Irv Harrell, Chairman of the Board, advising their Board of Directors unanimously recommends that Lou Meehan be reappointed to the Boards of Oshawa PUC Networks Inc. (OPUCN) and Oshawa Power & Utilities Corporation (OPUC) and that Jay Swartz be reappointed to the Board of OPUCN for the normal term of three years, effective January 1, 2009 That City Council approves the reappointment of Lou Meehan to the Boards of the Oshawa Power & Utilities Corporation and Oshawa PUC Networks Inc. and the reappointment of Jay Swartz to the Board of Oshawa PUC Networks Inc. for the normal term of three years, effective January 1, Oshawa Power & Utilities Corporation, Irv Harrell, Interim CEO, advising the rate application for the 2009 rate year has now been submitted to the Ontario Energy Board (OEB), and Oshawa PUC Networks Inc. conservatively estimates the increase will be approximately $150,000 or $12,500 per month over the term of the rate year (May 1, 2009 to April 30, 2010), and this amount is subject to change by the OEB That Correspondence Item 32 from the Oshawa Power & Utilities Corporation be referred to 2009 budget discussions. 33. Livestock Valuer, Wesley Glaspell, submitting a report and affidavit concerning John Slute s claim for $400 for one Angus calf killed by a coyote (Ward 7) That the report of the Livestock Valuer, Wesley Glaspell, concerning John Slute s claim for $400 for one Angus calf killed by a coyote be approved. 34. Livestock Valuer, Wesley Glaspell, submitting a report and affidavit concerning John Snowden s claim for $900 for one cow with calf killed by a coyote (Ward 7) That the report of the Livestock Valuer, Wesley Glaspell, concerning John Snowden s claim for $900 for one cow with calf killed by a coyote be approved.

6 City Council Agenda December 15, 2008 COMMITTEE REPORTS Report of the Development Services Committee The Development Services Committee respectfully reports and recommends to City Council its First Report. 1. Memorandum of Oral Decision Delivered by M.A. Sills on October 28, 2008 and Order of the Ontario Municipal Board Dundurn Edge Developments Inc. (DS ) (See Page 401 and Pages 4 to 8) That Correspondence DS dated November 21, 2008 from M.A. Sills providing a decision by the Ontario Municipal Board regarding an appeal by Joanne Ferguson with respect to the Dundurn Edge Developments Inc. be received for information. 2. Debi Wilcox City of Pickering Forwarding Report PD-45-08, Pickering s Comments on the Draft Regional Transportation Plan and Draft Investment Strategy, Metrolinx (DS ) (See Page 402 and Pages 9 to 24) That Correspondence DS dated November 20, 2008 from Debi Wilcox, City of Pickering, forwarding Report PD-45-08, Pickering s Comments on the Metrolinx Draft Regional Transportation Plan and Draft Investment Strategy be received for information. 3. Oak Ridges Moraine Conservation Plan Implementation Ministry of Municipal Affairs and Housing, Proposed Modifications to City s Zoning By-law Amendment (DS ) (Ward 7) (See Page 402 and Pages 25 to 46) That, pursuant to Report DS dated November 28, 2008, the Ministry of Municipal Affairs and Housing be advised that the City has no objection to the modifications proposed by the Ministry to City Zoning By-law that implements the Oak Ridges Moraine Conservation Plan.

7 City Council Agenda December 15, Revised Applications to Amend Zoning By-law 60-94, South Side of Taunton Road West, East of Thornton Road North, Clinic Buildings (1979) Ltd. (DS ) (Ward 4) (See Pages 402 to 403 and Pages 47 to 57) 1. That the revised application submitted by Clinic Buildings (1979) Ltd. to amend Zoning By-law to permit AP-B(1) (Airport), AP-B/AP-B(1) (Airport) and AP-A/AP-B(1) (Airport) zoning on certain lands located on the south side of Taunton Road West between Thornton Road North and Keith Ross Court be approved in accordance with the comments contained in Report DS , dated November 26, 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. 3. That the Oshawa Airport Master Plan be amended to reflect the uses approved by Council as part of the revised rezoning application (File Z-10/08). 5. Application for Removal of Part Lot Control 368 and 372 Marion Avenue, Debra Ann Duguay (DS ) (Ward 4) (See Page 403 and Pages 58 to 59) Whereas an application has been made to separate 368 and 372 Marion Avenue which have inadvertently merged on title; and, Whereas the approval of the application is deemed appropriate and is intended to permit the conveyance of a single detached dwelling located at 368 Marion Avenue and a single detached dwelling located at 372 Marion Avenue in compliance with the provisions of Zoning By-law 60-94; Therefore the application for removal of part lot control be approved for 368 and 372 Marion Avenue (Lot 66 and Part of Lots 65 and 67, Registered Plan 620) and the necessary by-law be passed after an appropriate plan of survey is received, if necessary.

8 City Council Agenda December 15, Application for Variance to Sign By-law Simcoe Street North Shoppers Drug Mart (DS ) (Ward 7) (See Page 404 and Pages 60 to 63) Whereas on June 26, 2008, Council approved an application submitted by Shoppers Drug Mart for variances to Sign By-law to permit various fascia signs on the west and north building elevation; and, Whereas Shoppers Drug Mart has now applied to permit one additional fascia sign (Canada Post) on the west and north building elevations whereas the sign by-law only permits one fascia sign facing a streetline; and, Whereas no agreement had been reached between Canada Post and Shoppers Drug Mart for a Canada Post outlet at the time the first sign variance application was submitted in 2008; and, Whereas the signs are considered appropriate for this Shoppers Drug Mart; Therefore, the application for a variance to Sign By-law submitted by Shoppers Drug Mart (File SV-19/2008) to permit one additional fascia sign (Canada Post) on the west and north building elevations at 2045 Simcoe Street North, be approved. 7. Application for Variance to Sign By-law Laval Drive Urban Barn (DS ) (Ward 2) (See Page 404 and Pages 137 to 140) Whereas Urban Barn has applied to permit two additional fascia signs on the south building elevation of the store at 560 Laval Drive whereas the sign by-law only permits one fascia sign facing a streetline; and, Whereas the additional signs are considered appropriate for the Urban Barn store since it occupies more than one unit in the multi-tenant building and the design of the fascia sign provides appropriate symmetry given the length of the sign box; Therefore, the application for a variance to Sign By-law submitted by Urban Barn (File SV-20/2008) to permit additional fascia signs at 560 Laval Drive be approved.

9 City Council Agenda December 15, Provincial Environmental Advisory Committee Symposium October 3 and 4, 2008 (DS ) (See Page 405 and Pages 149 to 163) That, pursuant to Report DS dated November 26, 2008, the surplus from the Provincial Environmental Advisory Committee Symposium be used to further the work of Ontario s Environmental Advisory Committees by establishing a website for Ontario s Environmental Advisory Committees, independent of the City s own website, that would amongst other matters: Facilitate networking between Environmental Advisory Committees throughout the province Showcase the work of the Oshawa Environmental Advisory Committee Showcase and promote Provincial Environmental Advisory Committee Symposiums 9. Direction on City Staff Involvement Respecting an Appeal to the Ontario Municipal Board, Committee of Adjustment Application A037/08, 762, 770 and 790 King Street East, TGFG Ventures Inc. (DS ) (Ward 3) (See Pages 405 to 406 and Handout) Whereas in June 2007 Council supported TGFG Venture Inc. s application under the Canada-Ontario Affordable Housing Program for the creation of 32 apartment units at 762, 770 and 790 King Street East and agreed to set the tax rate at a lower level for twenty years; and, Whereas on July 11, 2008 TGFG Ventures Inc. submitted a Committee of Adjustment application for the following variances to permit four, three storey apartment buildings on the subject site in a R5-B (Residential) Zone: Proposed Required Maximum Density 89 u/ha 85 u/ha Minimum Front Yard Depth 3m 6m Minimum Rear Yard Depth 14.5m 16m Maximum Lot Coverage 25% 22% Minimum Number of Parking Spaces Location of Parking Spaces One in the Front Yard Interior Side Yard or Rear Yard Whereas on November 26, 2008 the C. of A. denied the application after considering comments from the applicant and seven area residents; and,

10 City Council Agenda December 15, 2008 Whereas Development Services staff provided a report to the C. of A. advising of no objection to the subject C. of A. application; and, Whereas on November 27, 2008 the applicant submitted an appeal to the Ontario Municipal Board (OMB) of the C. of A. s decision to deny the application; and, Whereas in cases such as this, the Development Services Department typically recommends that City Council take no position on the appeal so that Council is not seen as supporting one side over another or expending time, effort and money to prepare and attend an OMB hearing at the expense of the general taxpayer; and, Whereas in this case, however, there are exceptional circumstances, such as Council s previous support for the project, the need for new affordable housing units in Oshawa (including barrier free units), and the potential to deliver some modest density on a major arterial road and transit route. As a result, this Department recommends that City Council support the OMB appeal and take party status at the OMB hearing; and, Therefore, the Ontario Municipal Board be advised that City Council supports the appeal by TGFG Ventures Inc. of the decision of the Committee of Adjustment to deny application A037/08 to permit four, three storey apartment buildings at 762, 770 and 790 King Street East and the City seek party status on the appeal and that Legal Services and other appropriate staff attend the Ontario Municipal Board hearing in support of the appeal. 10. Application for Draft Plan of Condominium, 477 Dean Avenue, Ontario Limited (DS ) (Ward 2) (See Page 407 and Handout) That, based on Report DS dated November 28, 2009, the application for approval of a draft plan of condominium (C-O ) submitted by Ontario Limited for approval to convert 50 rental apartment units at 477 Dean Avenue to condominium tenure be approved subject to the conditions in Attachment 3 to said report.

11 City Council Agenda December 15, Simcoe Street North Heritage Conservation District Study Property Owner Consultation Survey Results (DS ) (Ward 5) (See Page 408 and Pages 76 to 128) That the City not proceed with Phase 2 of the Simcoe Street North Heritage Conservation District Study. 12. Application to Cancel Property Taxes, Brownfield Renaissance Community Improvement Plan, 1670, 1704, 1706 and 1710 Simcoe Street North, Dundurn Capital Properties (DS ) (Ward 7) (See Pages 409 to 410 and Pages 129 to 136) 1. That, pursuant to Report DS dated November 26, 2008, the application submitted by Dundurn Capital Properties under the Brownfields Property Tax Cancellation Program in the City of Oshawa Brownfields Renaissance Community Improvement Plan to cancel the property taxes at 1670, 1704, 1706 and 1710 Simcoe Street North be approved, subject to full participation in the tax cancellation program by the Region and Province and in accordance with the comments in Report DS That the Council of the Region of Durham be requested to cancel the Regional portion of the tax bill for 1670, 1704, 1706 and 1710 Simcoe Street North in accordance with the comments in Report DS and adopt a Resolution supporting a Regional tax cancellation so that it can be attached to the City s submission to the Ministry of Finance. 3. That the Provincial Ministry of Finance be requested to cancel the Education portion of the tax bill for 1670, 1704, 1706 and 1710 Simcoe Street North in accordance with the comments in Report DS That the draft By-law which forms Attachment 2 to Report DS be approved, in principle, and it be passed in a form acceptable to the City Solicitor only when a Resolution from the Region of Durham has been received supporting the cancellation of the Regional portion of the tax bill and upon approval of the draft By-law by the Ministry of Finance.

12 City Council Agenda December 15, That the Mayor and Clerk be authorized to execute an agreement with the applicant in a form and content satisfactory to the City Solicitor in accordance with the provisions of the Brownfields Property Tax Cancellation Program and the comments in Report DS That a copy of this resolution and Report DS be forwarded to the Ministry of Finance, the Ministry of Municipal Affairs and Housing and the Region of Durham. 13. Update on the Highway 407 Environmental Assessment and Preliminary Design Study (DS ) (See Page 410 and Pages 141 to 148) 1) That, for the reasons set out in Report DS dated November 26, 2008, the Ministry of Transportation provide, at its cost, the following critical infrastructure not currently planned in association with the crossings of Highway 407 in Oshawa: (a) Sidewalks on all crossings; and (b) Bike lanes on all crossings. 2) That discussion on road rationalization for those roads impacted by Highway 407 be accelerated between City staff and Region of Durham staff to ensure a timely transfer of the appropriate roads in order to facilitate the implementation of Highway ) That a copy of Report DS dated November 26, 2008 be forwarded to the Province, the Provincial Highway 407 Project Team and Region of Durham Works staff.

13 City Council Agenda December 15, Doug Allingham, Lakeridge Health Requesting to Change the Name of Hospital Court to Honour Dr. George Gillen (DS ) (Ward 5) (See Pages 411 to 412 and Handout) 1. That Correspondence DS dated November 6, 2008 from Doug Allingham, Lakeridge Health Board of Trustees requesting a change in the name of Hospital Court be received for information; and, 2. That a letter be sent to the Lakeridge Health Board of Trustees advising that the City of Oshawa would be willing to partner in an alternate way to recognize the late Dr. George Gillen. Report of the Finance and Administration Committee The Finance and Administration Committee respectfully Reports and recommends to City Council its First Report. 1. Financial Report for the nine months ending September 30, 2008 (FA ) (See Page 501 to 502 and Pages 7 to 11) That Report FA , Financial Report for the nine months ending September 30, 2008, dated November 25, 2008 be received for information. 2. Green Municipal Fund Agreements (FA ) (See Page 502 and Pages 12 to 13) That the Mayor and City Clerk be authorized to sign all agreements required, in the opinion of the City Treasurer, to obtain funding from the Federation of Canadian Municipalities under the Green Municipal Fund, and in a form as approved by the City Solicitor as outlined in Report FA dated November 25, 2008.

14 City Council Agenda December 15, Recorded Votes at Committee Meetings (FA ) (See Pages 502 to 503) Whereas the Municipal Act does not require the taking of recorded votes at Committee meetings; and, Whereas Council s Procedural By-law does not permit the taking of recorded votes at Committee meetings; and, Whereas Committees are recommending bodies to City Council and therefore have no ultimate decision making authority; and, Whereas the taking of recorded votes at Committee meetings would only represent a small portion of the members of Council overall; Therefore, Council s Procedural By-law remain status quo with respect to recorded votes being permitted at Council meetings only. 4. Service Oshawa Enhancements (FA ) (See Page 503 and Pages 19 to 27) That Report FA dated November 28, 2008 regarding Service Oshawa enhancements be received for information. 5. Finance and Administration Committee Outstanding Items Status Report (FA ) (See Pages 503 to 504 and Pages 14 to 18) Whereas staff of Parks & Facilities Maintenance Services Branch are investigating this matter with Grenadier Group, operators of the Jubilee Pavilion, to develop a suitable solution to the issue; and, Whereas the Branch reports through the Community Services Committee; Therefore, Item 19 Jubilee Pavilion Wooden Garbage Storage Container be transferred to the Community Services Committee and removed from the Finance and Administration Committee s Outstanding Items Status Report; and,

15 City Council Agenda December 15, 2008 That the remainder of the Finance and Administration Committee s Outstanding Items Status Report as of November 25, 2008 be received for information 6. Beatrice Henderson Request to address Committee concerning Property Standards issue at 486 Sedan Crescent, Oshawa (FA ) (Ward 2) (See Pages 500 to 501 and 504 and Pages 1 to 3) That Correspondence FA dated November 21, 2008 from Beatrice Henderson concerning a property standards issue at 486 Sedan Crescent, Oshawa be received for information. Report of the Community Services Committee The Community Services Committee respectfully reports and recommends to City Council its First Report. 1. Request to Place a Canadian Corps Association World War One Monument at Memorial Park (CS ) (Ward 2) (See Page 603 and Pages 18 to 24) 1. That the City of Oshawa accept the World War One soldier monument from the Canadian Corps Association and that the monument be placed in Memorial Park at the location shown on Attachment 3 at no cost to the City; and, 2. That the City Clerk be authorized to send a letter of thanks to the Canadian Corps Association on behalf of the City of Oshawa; and, 3. That staff be authorized to co-ordinate with the Canadian Corps to relocate the monument from Toronto to Memorial Park prior to the Canadian Corps Association 75th Anniversary Convention being hosted in Oshawa April 2009.

16 City Council Agenda December 15, Flashing Crossing Guard Signs (CS ) (See Pages 603 to 604 and Pages 32 to 34) That staff be authorized to implement the flashing crossing guard signs at all non-signalized locations at a cost of $12,750, subject to the approval of the Commissioner, Corporate Services and pending the identification of an appropriate funding source in Report of the Strategic Initiatives Committee The Strategic Initiatives Committee respectfully reports and recommends to City Council its First Report. 1. Jim Freeman, Durham Regional Labour Council Adopting a Buy Canadian Policy for Municipal Purchases (SIC-08-50) (See Page 701 and pages 1 to 50) 1. That Correspondence SIC dated November 7, 2008 from Jim Freeman requesting Council adopt a Buy Canadian policy for municipal purchases be received for information; and, 2. That Jim Freeman be advised that on June 2, 2008 Council endorsed a resolution from CAW Canada Local 222 to adopt a Buy Canadian policy for municipal purchases. 2. Community of Sant Egidio Cities against the Death Penalty (SIC_08-47) (See Page 702 and Pages 51 to 56) That Correspondence SIC from the Community of Sant Egidio, Rome, Italy concerning the Cities for Life Cities against the Death Penalty campaign be received for information as the date for the celebration has passed and that they be advised that Canada does not support the death penalty.

17 City Council Agenda December 15, Community Safety Committee 2008 Annual Report and 2009 Budget (SIC-08-51) (See Page 702 and Pages 57 to 81) That Council endorse the Community Safety Committee s finalized Terms of Reference, inclusive of the Committee membership list, and the 2008 Annual Report, inclusive of the 2009 work plan and that the budget request of $12,300 be referred to the 2009 Budget process for consideration. 4. Program Review Facilities Maintenance (SIC AG) (See Pages 702 to 703 and Pages 82 to 89) That the recommendations contained in Attachment No. 4 of Report SIC AG dated November 24, 2008 regarding the Facility and Project Management Services program be referred to the Commissioner of Development Services for a report back to the Development Services Committee. Report of the Joint Community Services and Strategic Initiatives Committees The Community Services and Strategic Initiatives Committees respectfully recommend to City Council: 1. Response and Implementation Plan for the Parks Services Program Review Implementation (CS ) (See Pages 600 to 601 and Pages 1 to 5) That Report CS dated November 20, 2008 from the Commissioner, Community Services regarding Parks Services Program Review recommendations be received for information.

18 City Council Agenda December 15, 2008 COMMITTEE OF THE WHOLE REPORTS 1. Rick Stockman, Commissioner, Corporate Services Department, submitting Report CM concerning Apportionment of Taxes Application (See Pages 800 to 808) That Apportionment Batch for 2006, 2007 and 2008 taxes on properties described in Schedule A, attached to Report CM dated December 10, 2008 be approved. 2. Chris Brown, Director, Finance Services, forwarding Report CM concerning the Cancellation, Reduction or Refund of Taxes Batch (See Pages 809 to 811) That the applications contained in Batch for cancellation, reduction, or refund of taxes attached to Report CM dated December 10, 2008 be approved. 3. Bob Duignan, City Manager, submitting Report CM concerning Oshawa Power & Utilities Corporation Report of the Chairman to the Shareholder 2008 Third Quarter Activity Report (See Pages 812 to 815) That City Manager s Report CM dated December 10, 2008 and attached correspondence from the Oshawa Power & Utilities Corporation dated November 25, 2008 be received for information.

19 City Council Agenda December 15, B. Duignan, City Manager, submitting Report CM concerning Delegation of Routine Administrative Authority (See Pages 816 to 863) 1. That Attachment 3 to Report CM dated December 10, 2008, be referred to a special meeting of Council in Committee of the Whole in January to work with staff to establish priorities for achieving administrative efficiencies through potential delegations; and, 2. That Council provide a date for the special meeting. 5. R. Foster, Auditor General, submitting Report AG concerning an Audit of the Recreation and Culture Branch (See Pages 864 to 872) That the recommendations contained in Attachment 4 of Report AG dated December 10, 2008 regarding the Recreation and Culture Branch be referred to the Commissioner of Community Services for a report back to the Community Services Committee. MOTIONS Whereas Schedule A to By-law being a by-law to provide for the retention and destruction of records of the City of Oshawa, as amended, sets out the departments or branches responsible for the care and control of certain classes of records; and, Whereas such corporate departments and branches are reorganized and renamed from time to time; and, Whereas such corporate reorganizations are to be reflected in By-law as amended;

20 City Council Agenda December 15, 2008 Therefore Schedule A to By-law as amended be further amended by striking out City Clerk Services and substituting Municipal Law Enforcement and Licensing Services as the responsible branch with respect to each of the following Record Series: Record Record Class Series D-2200 By-laws - Enforcement D-2220 Private Property Parking Enforcement D-2230 Officer Notebooks D-2300 Licensing, General D-2310 Business Licenses D-2311 Business Lists D-2320 Lottery D-2321 Bazaars D-2322 Raffles D-2323 Nevada Tickets D-2324 Bingo D-2330 Taxicabs, General D-2331 Drivers D-2332 Taxicab Plate Holders D-2333 Taxicab Brokers D-2334 Limousine Owners D-2335 Waiting List F-3010 Animal Services F-3011 Muzzle and Control Orders F-3012 Adoptions F-3013 Animal Inventory and Log Books. Whereas from time to time Council s Procedural By-law requires housekeeping amendments in order to accommodate changes in legislation; Therefore Council s Procedural By-law be amended as follows: 1. Delete reference to special meetings of Council and representing no fewer than a majority of the total number of the members of Council in Section 9(3) so the section reads as follows: Council shall not consider or decide upon any matter at a meeting unless specific notice that such matter will be considered and decided upon at such meeting is contained in the notice calling the meeting, except with the consent of two-thirds of the members present and voting.

21 City Council Agenda December 15, Sections 10A(1) and (2.1) be replaced with the following in order to include local boards as outlined in Section 239(2) of the Municipal Act: 10A(1) All meetings shall be open to the public, except that a meeting or part of a meeting may be closed to the public if the subject matter being considered is: a) the security of the property of the municipality or local board; b) personal matters about an identifiable individual, including municipal or local board employees; c) a proposed or pending acquisition or disposition of land by the municipality or local board; d) labour relations or employee negotiations; e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; g) a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act. (2.1) Despite subsection 10A(1), an education or training session may be closed to the public where: a) the meeting is held for the purpose of educating or training the members; and, b) at the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council, local board or committee. 3. Delete reference to Public Meetings in Section 12 dealing with the Council agenda order of items, as the Municipal Act now requires municipalities to provide notice to the public on specific matters rather than holding a public meeting and Council has subsequently adopted By-law , as amended, setting out the requirements for notice to the public; 4. Section 54 be amended by changing the word signed to authorized in order to allow for the receipt of petitions and communications via electronic means, so the section reads as follows: Every petition or communication intended to be presented to the Council must be clearly written or printed and must not contain any impertinent or improper matter and shall be authorized by at least one person..

22 City Council Agenda December 15, 2008 BY-LAWS A By-law to amend Interim Control By-law (Implements direction of November 24, 2008 through Item 8 of the Fifty-eighth Report of the Development Services Committee to extend Interim Control By-law , as amended, to May 21, 2009 to permit the completion of the land use study including a review of the study recommendations by the Student Housing Task Force.) (Ward 7) A By-law to amend Corporate Records Retention By-law (Implements direction of December 15, 2008 through Council resolution to amend Schedule A by replacing the words City Clerk Services with Municipal Law Enforcement and Licensing Services as the responsible branch with respect to certain Record Series.) A By-law to dedicate and establish certain lands as 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 3, 4 and 5 Registered as Plan 609, Geographic Township of East Whitby, City of Oshawa, Regional Municipality of Durham, now designated as Part 1 on Reference Plan 40R as Conlin Road East.) (Ward 7) A By-law to repeal and replace Lottery Licensing By-law (Implements direction of November 24, 2008 through Part 3 of Item 7 of the Forty-eighth Report of the Finance and Administration Committee to repeal and replace Lottery Licensing By-law 5-97 to issue licences authorizing any eligible charitable or religious organization to conduct and manage a bingo lottery, a break-open ticket lottery, a raffle lottery, a media bingo or a lottery scheme held at a bazaar.) A By-law to amend Zoning By-law Number (Implements direction of December 15, 2008 through Item 4 of the First Report of the Development Services Committee to permit AP-B(1) (Airport), AP-B/AP-B(1) (Airport) and AP-A/AP-B(1) (Airport) zoning on certain lands located on the south side of Taunton Road West between Thornton Road North and Keith Ross Court, Clinic Buildings (1979) Ltd.) (Ward 4) A By-law to remove Part Lot Control. (Implements direction of December 15, 2008 through Item 5 of the First Report of the Development Services Committee to create two lots such that Lot 1 is the western 22 feet of Lot 65, Plan 620 and the eastern 32 feet 6 inches of Lot 66, Plan 620 and also described in PIN No , and Lot 2 is the eastern 29 feet of Lot 67, Plan 620 and the western 25 feet 6 inches of Lot 66, Plan 620 and also described in PIN No , 368 and 372 Marion Avenue, Debra Ann Duguay.) (Ward 4)

23 City Council Agenda December 15, 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 from the City Manager with respect to the Strategic Financial Plan Process Update concerning staff bringing forward a reassessment of facility rationalization. (October 9, 2007) 4. That staff be authorized to prepare an additional report concerning neighbourhood identification on streetname signs. (October 15, 2008) NOTICES OF MOTION (As may be presented by Council members) CONFIRMING BY-LAW A by-law to confirm the City Council meeting of December 15, ADJOURN

24 APPENDIX A CITY COUNCIL PUBLIC AGENDA December 15, 2008 Page 121 For your information, the following correspondence received by the City Clerk will be filed following City Council s meeting of December 15, 2008: 1. William Davies, on behalf of area veterans, thanking staff and City Council for their work toward a successful Remembrance Day event at Memorial Park on November 11, Lake Ontario Waterkeeper, Mark Mattson, President, and Krystyn Tully, Vice President, forwarding their comments to the Canadian Environmental Assessment Agency concerning the Darlington New Nuclear Power Plant Project and addressing the two draft documents submitted by the Ontario Power Authority: the Environment Impact Assessment Guidelines, and the Joint Review Panel Agreement. ( 3. Municipal Property Assessment Corporation (MPAC), Debbie Zimmerman, Chair, Board of Directors, providing an update on their 2008 activities, including the service enhancements implemented to ensure property taxpayers and municipalities have the information necessary to understand the changes to the property assessment system announced in the 2007 and 2008 Ontario Budgets, and re-stating their commitment to customer service excellence. 4. One Funds, Tom Bradbury, Policy Advisor, MFOA, and Jason Hagan, LAS Program Coordinator, forwarding their 2008 Third Quarter Performance Report. 5. National Union of Public and General Employees, James Clancy, National President, thanking Oshawa Council for acknowledging the first annual Community Social Service Workers Appreciation Day on November 6, 2008, and advising they represent 340,000 public and private workers across Canada and thousands of community-based social service workers. 6. Regional Municipality of Durham, Nestor Chornobay, Director, Strategic Planning Branch, forwarding the Regional Commissioner of Planning s Report 2008-P-89 concerning the monitoring of growth trends in the Durham Region and its local municipalities. 7. City of Pickering, Debi Wilcox, City Clerk, forwarding Pickering Council s resolution to the GO Transit Board requesting specific safety and security measures be implemented, including rider education, establishment of formal reporting and tracking of incidents, sharing of recorded information with local police, increased staff and enforcement at GO Stations, improved lighting, increased closed circuit television cameras and other safety and security measures as appropriate.

25 Appendix A continued December 15, 2008 File A-2120 Page Town of Whitby, Martha Pettit, Deputy Clerk, forwarding Whitby Public Works Department Report PW concerning the Environmental Youth Summit scheduled for December 11, Ministry of Government Services, Ted McMeekin, Minister, congratulating Oshawa Council for launching BizPaL on the City s website giving new and expanding businesses fast and easy access to information on permits and licences. ( or