CITY COUNCIL MEETING

MONDAY, FEBRUARY 22, 2010 BOBBY ORR LOUNGE

CIVIC AUDITORIUM COMPLEX 99 Thornton Road South, Oshawa

6:30 p.m.

Please NoteMeeting Location

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 kbressan@oshawa.ca.

WEBSITE: www.oshawa.ca

AGENDA

COUNCIL COMPOSITION

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

The members of the Council of the City of Oshawa and the Ward they represent are:

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 11, February 1 and 22, March 8, April 6 (Tuesday) and 26, May 17, June 7 and 28, September 20 and December 6, 2010.

City Council will take a 15 minute break at 8:30 p.m. during every regular City Council meeting, or at the next opportunity after 8:30 p.m. upon the completion of the item being discussed at 8:30 p.m.

There are four Standing Committees of Council: Development Services Committee, Finance and Administration Committee, Community Services Committee and the Strategic Initiatives Committee. A calendar of all Standing Committee meeting dates is available on the City of Oshawa website at www.oshawa.ca.

For inquiries about this agenda, or to make arrangements for alternate formats or other accommodations please contact Kim Bressan, Council Meeting Co-ordinator, at 905-436-5636 ext. 2433, 905-436-5627 (TTY) or by email at kbressan@oshawa.ca. Please provide a minimum of one (1) business day notice in advance of the meeting if accommodation is required. Members of the public may address Council concerning an item on the agenda, provided they have appeared before the appropriate Standing Committee and are in opposition to the Committee’s recommendations, by submitting a written request to the City Clerk before noon on the Thursday preceding the Monday Council meeting. Speakers are generally limited to 5 minutes.

PLEASE NOTE: Cellular phones/pagers must be switched to the non-audible function during this meeting.

SECTION ONE CITY COUNCIL

AGENDA FEBRUARY 22, 2010 Page 100

City Council’s Closed Meeting is scheduled to begin in the Committee Room, Second Floor, Rundle Tower at 3:00 p.m. City Council’s Public Meeting is scheduled to begin in the Bobby Orr Lounge, Civic Auditorium Complex, 99 Thornton Road South at 6:30 p.m.

PUBLIC AGENDA

ANNOUNCEMENTS FROM COUNCIL MEMBERS (As may be presented by Council members) DECLARATIONS OF PECUNIARY INTEREST (As may be presented by Council members) PRESENTATIONS Rosemary Yeremian, Chairperson, Ontario Nuclear New Build Council to provide an update concerning their purpose and mandate. DELEGATIONS/DELEGATION REQUESTS Delegations 1. Debbie Grills, D&D Exotics requesting to address City Council in opposition to

Item 11 of the Twenty-fifth Report of the Finance and Administration Committee concerning the Proposed Animal Care and Control By-law. (All Wards) (Correspondence reproduced in the Section Two)

2. Rosemary McConkey requesting to address City Council in opposition to Item 14

of the Thirty-first Report of the Development Services Committee concerning the request for extension to comply with the Provincial Growth Plan Conformity Exercise. (All Wards) (Correspondence reproduced in the Section Two)

City Council Agenda - 101 - February 22, 2010 3. Rosemary McConkey requesting to address City Council in opposition to Item 15

of the Thirty-first Report of the Development Services Committee concerning the request from Regent Square Properties to amend the Regent Theatre Heritage Designation By-law by deleting the new lot known as 55 Bond Street East.(Ward 5)

Delegation Requests (requires 2/3 vote) 1. Bob Malcolmson, C.E.O. and General Manager, Greater Oshawa Chamber of

Commerce requesting to address City Council in support of Correspondence Request Item 1 concerning Durham District School Board East Oshawa Secondary School Accommodation Review. (All Wards)

CORRESPONDENCE REQUESTS 1. The Greater Oshawa Chamber of Commerce, Bob Malcolmson, C.E.O. and

General Manager supporting the Minority Report submitted to the Durham District School Board by five members of the East Oshawa Secondary School Accommodation Review Committee and requesting the Premier and the Minister of Education undertake an administrative review of the Durham District School Board East Oshawa Secondary School Accommodation Review process prior to a final decision being taken. (All Wards)

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 February 22, 2010 public meeting agenda be adopted as recommended. ADOPTION OF MINUTES That the minutes of the February 1 and 5, 2010 City Council meetings be adopted.

City Council Agenda - 102 - February 22, 2010 CORRESPONDENCE Correspondence – Received and Filed That correspondence listed in Appendix A to the Public Agenda for the February 22, 2010 City Council meeting be received and filed. Correspondence 31. Association of Municipalities of Ontario forwarding the City’s invoice for its 2010

membership (All Wards)

Recommendation

That Invoice 2010-M-10579 from the Association of Municipalities of Ontario in the amount of $13,022.82 for the City’s 2010 membership be paid.

32. Reshma Hasmani submitting her resume for appointment to the Oshawa

Accessibility Advisory Committee (All Wards)

Recommendation That Reshma Hasmani be appointed to the Oshawa Accessibility Advisory Committee to fill the vacancy of one parent representing a child with a disability for the term February 2010 to November 2010.

Advisory Committee Meeting Minutes 61. Heritage Oshawa Committee Meeting Minutes

Recommendation That the minutes of the November 26, 2009 Heritage Oshawa Committee meeting be received for information.

City Council Agenda - 103 - February 22, 2010 COMMITTEE REPORTS Report of the Development Services Committee The Development Services Committee respectfully reports and recommends to City Council its Thirty-first Report. 1. Donna Taylor, Port Oshawa – Dredgeate Berm Works by Oshawa Harbour

Commission, Gifford Hill Lands (DS-10-30) (Ward 1)

(See Page 401 and Page 2) Recommendation That Correspondence DS-10-30 dated January 18, 2010 from Donna Taylor, Chief Executive Officer, Port Oshawa advising the appropriate permit has been issued by the Central Lake Ontario Conservation Authority based on information provided by the Oshawa Harbour Commission regarding the dredgeate berm works on Gifford Hill lands be received for information.

2. Ministry of Culture – Archaeological Testing of Dredgeate Berm Works by

Oshawa Harbour Commission (DS-10-32) (Ward 1) (See Page 401 and Pages 3 to 6) Recommendation That Correspondence DS-10-32 dated January 25, 2010 from the Ministry of Culture advising the Oshawa Harbour Commission has agreed to retain an archaeologist for immediate assessment, impact mitigation and monitoring of the dredging works on Gifford Hill lands and further advising the Ministry of Culture has not yet received a final report of the dredging activities be received for information.

City Council Agenda - 104 - February 22, 2010 3. Paul-André Larose – Comments Regarding the Bikeway Aspects of the

Gibb Street Environmental Assessment (DS-10-27) (All Wards)

(See Page 402 and Pages 9 to 11) Recommendation That Correspondence DS-10-27 dated January 22, 2010 from Paul-André Larose submitting comments regarding the bikeway aspects of the Gibb Street Environmental Assessment and expressing concern about the safety implications of mixing various traffics into a single full-width, bi-directional corridor without any form of hard physical visual markings to achieve traffic segregation be received for information.

4. Heather Mitchell – Comments in Opposition to the Application by FarmTech

Energy to Build an Ethanol Plant at the Waterfront (DS-10-31) (Ward 1)

(See Page 402 and Page 15) Recommendation That Correspondence DS-10-31 dated January 31, 2010 from Heather Mitchell submitting comments in opposition to the application by FarmTech Energy to build an ethanol plant at the waterfront be referred to staff.

5. Ministry of the Environment – Draft Regulation to Support the Development and

Implementation of Source Protection Plans Under the Clean Water Act, 2006 (DS-10-33) (All Wards)

(See Pages 402 to 403 and Pages 16 to 44) Recommendation That Correspondence DS-10-33 dated January 25, 2010 from the Ministry of the Environment advising the draft regulation to support the development and implementation of source protection plans under the Clean Water Act, 2006 has been posted on the Environmental Bill of Right’s Environmental Registry and advising the comment period closes on March 26, 2010 be referred to staff for a direct response.

City Council Agenda - 105 - February 22, 2010 6. Jean-Marc Roy and Teresa Ricciardi – Expressing Concern with Accumulation of

Water in Backyard and Requesting Cost Recovery for Time and Materials (DS-10-38) (Ward 2)

(See Page 403 and Pages 46 to 47) Recommendation That Correspondence DS-10-38 received February 4, 2010 from Jean-Marc Roy and Teresa Ricciardi advising that on January 25, 2010 there was flooding in their backyard and basement at 102 Ritson Road South and requesting reimbursement for materials and time spent to correct the problem be received for information.

7. Metrolinx – Notice of Study Commencement and Public Information Centre, East

Regional Bus Maintenance and Storage Facility, Class Environmental Assessment Study and Preliminary Design (DS-10-39) (All Wards)

(See Pages 403 to 404 and Handout) Recommendation That Correspondence DS-10-39 dated February 3, 2010 from Metrolinx advising GO Transit is undertaking a Class Environmental Assessment Study and preliminary design in accordance with the GO Transit Class Environmental Assessment process to build a maintenance and storage facility in the City be received for information.

8. 2009 Housing Monitoring Report (DS-10-24) (All Wards)

(See Page 404 and Pages 58 to 66) Recommendation That Report DS-10-24, dated February 3, 2010, including the 2009 Housing Monitoring Report, be received for information.

City Council Agenda - 106 - February 22, 2010 9. Revised Application to Amend Zoning By-law 60-94, 160-162 Stevenson

Road South, Dr. Robert Chelin and Dr. David Lott (DS-10-29) (Ward 2)

(See Pages 404 to 405 and Pages 71 to 81) Recommendation 1. That pursuant to Report DS-10-29, dated February 3, 2010, the revised

application submitted by Dr. Robert Chelin and Dr. David Lott to amend Zoning By-law 60-94 to permit a professional office, which includes medical offices, as an additional permitted use at 160-162 Stevenson Road South be approved in accordance with the comments contained in said Report; and,

2. 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.

10. City Council Referral – Proposed Changes to 403 and 403B Park

Bus Routes (DS-10-35) (Ward 1)

(See Page 406 and Pages 85 to 111) Recommendation That City Council Referral DS-10-35, being correspondence from the Durham Region Transit Executive Committee concerning transit bus routes 403 and 403B Park be referred to staff to liaise with Durham Region Transit to investigate options for Stone Street re-routing.

11. Central Lake Ontario Conservation Authority – Independent Testing of

Dredgeate Berm (DS-10-08) (Ward 1)

(See Page 407 and Page 1) Recommendation That Correspondence DS-10-08 dated December 22, 2009 from the Central Lake Ontario Conservation (CLOCA) advising chemical testing of the material has been completed by Shaheen Peaker Thompson Ltd., and stating CLOCA is satisfied with the work done to date and will not be undertaking a separate study of the material be received for information.

City Council Agenda - 107 - February 22, 2010 12. 2010 Durham Environmental Advisory Committee, Environmental

Achievement Awards (DS-10-28) (All Wards)

(See Pages 407 to 408 and Pages 12 to 14) Recommendation That pursuant to Correspondence DS-10-28 received January 18, 2010 from the Durham Environmental Advisory Committee, Ernie Davies, Joan Kerr and the Provincial Environmental Advisory Committee website be nominated for a 2010 Environmental Achievement Award.

13. Development Activity: Review of 2009 and Outlook for 2010 (DS-10-23)(All Wards)

(See Page 408 and Pages 51 to 57) Recommendation That Report DS-10-23 dated February 3, 2010 concerning Development Activity be received for information.

14. Provincial Growth Plan Conformity Extension Request (DS-10-36) (All Wards)

(See Pages 408 to 409 and Pages 82 to 83) Recommendation Whereas the Places to Grow Act, 2005 required municipal official plans to be amended to implement the provisions of the Growth Plan for the Greater Golden Horseshoe (Growth Plan) by June 16, 2009; and, Whereas on February 2, 2009 City Council passed a resolution requesting the Ministry of Energy and Infrastructure and the Ministry of Municipal Affairs and Housing grant an extension to the June 16, 2009 deadline for the City to amend the Oshawa Official Plan to conform with the Growth Plan to an appropriate date following the approval, or resolution of any appeals, of an amendment to the Durham Regional Official Plan that implements the provisions of the Growth Plan; and, Whereas on June 15, 2009 the Minister of Energy and Infrastructure granted the City a new deadline of June 16, 2010 for the City to amend its Official Plan to conform with the Growth Plan; and,

City Council Agenda - 108 - February 22, 2010

Whereas in June 2009 the Region of Durham adopted Regional Official Plan Amendment 128 (ROPA 128) to implement the Growth Plan and forwarded it to the Province for approval; and, Whereas the Province has yet to issue a decision on ROPA 128 and it is unknown when a decision will be rendered; and, Whereas the City cannot adopt an amendment to the Oshawa Official Plan to implement ROPA 128 prior to final approval of ROPA 128 by the Province or the Ontario Municipal Board, as the case may be; and, Whereas the notice requirements under the Planning Act now preclude the ability of the City to deliver prior to the June 16, 2010 deadline an amendment to the City’s Official Plan to implement the Growth Plan and a Provincially-approved ROPA 128; and, Whereas the 2010 municipal election will also affect the timing of approval of amendments to the Oshawa Official Plan; and, Whereas other Durham municipalities (e.g. Whitby and Clarington) will also be requesting extensions to implement the Growth Plan; Therefore be it resolved: 1. That due to the unknown timing for the Province’s decision on

ROPA 128, the Council of the City of Oshawa requests the Ministry of Energy and Infrastructure and the Ministry of Municipal Affairs and Housing to grant an extension to the June 16, 2010 deadline for the City to amend the Oshawa Official Plan to conform with the Growth Plan and the final approval of ROPA 128 to April 30, 2011; and,

2. That a copy of the Council resolution be forwarded to the Ministry of

Energy and Infrastructure and the Ministry of Municipal Affairs and Housing; and,

3. That a copy of the Council resolution be forwarded to the

Regional Municipality of Durham and the Durham Region area municipalities for information.

City Council Agenda - 109 - February 22, 2010 15. Request from Regent Square Properties to Amend Regent Theatre Heritage

Designation By-law by Deleting New Lot Known as 55 Bond Street East (DS-10-25) (Ward 5)

(See Pages 410 to 411 and Pages 67 to 70) Recommendation Whereas on January 15, 2001 City Council passed By-law 4-2001 to designate the property known as the Regent Theatre, located at 44-50 King Street East, as being of architectural and historical interest pursuant to the Ontario Heritage Act; and, Whereas the legal description in By-law 4-2001 applies to the entire lot that existed at the time and which is located on the west side of Victoria Street between King Street East and Bond Street East including the Regent Theatre building and the former parking lot to the north of the building; and, Whereas on October 27, 2009 the City approved an application to remove Part Lot Control which facilitated the creation of two lots: one lot occupied by the Regent Theatre building legally described as Part 3, Plan 40R-26093 and owned by the University of Ontario Institute of Technology and the other lot being the former parking area legally described as Parts 1 and 2, Plan 40R-26093 and now municipally known as 55 Bond Street East; and, Whereas the lot occupied by the former parking area is now owned by Regent Square Properties and a five-storey university building is being constructed on this lot; and, Whereas on January 9, 2010 Regent Square Properties requested the legal description in By-law 4-2001 be changed to ensure it does not apply to the lot now being developed for the five-storey university building (55 Bond Street East); and, Whereas on January 28, 2010 Heritage Oshawa passed a resolution in support of amending By-law 4-2001 in order to ensure that the legal description of the property only applies to the new lot that is occupied by the Regent Theatre building; and, Whereas approval of the request is appropriate since 55 Bond Street East has no architectural or historical value; Therefore be it resolved that the legal description of the property subject to By-law 4-2001 be amended to ensure the heritage designation only relates to the new lot occupied by the Regent Theatre building more specifically described as Part 3, Plan 40R-26093.

City Council Agenda - 110 - February 22, 2010 16. Mark Bassingthwaite – Request for Refund for Fine Levied Against Durham

Dreamscapes Inc., Expressing Concern Regarding the Building and Inspection Services Branch and Requesting the Student Housing Issue be Resolved Prior to the End of the Current School Year (DS-10-20) (All Wards)

(See Pages 411 to 412 and Pages 7 to 8) Recommendation That Correspondence DS-10-20 dated December 29, 2009 from Mark Bassingthwaite requesting a refund for a fine levied against Durham Dreamscapes Inc. for property at 1803 Dalhousie Crescent due to misinformation provided by the Building and Inspection Services Branch and requesting the student housing issue be resolved prior to the end of the current school year be received for information.

Report of the Finance and Administration Committee The Finance and Administration Committee respectfully reports and recommends to City Council its Twenty-fifth Report. 1. Sandra Popp – Comments in Support of Designated Driving Services

By-law 120-2008 (FA-10-54) (All Wards)

(See Page 500 and Page 9) Recommendation That Correspondence FA-10-54 dated January 27, 2010 from Sandra Popp submitting comments in support of Designated Driving Services By-law 120-2008 stating that as businesses operating in Oshawa, these services should be subject to licensing, regulation and accountability be referred to staff for consideration in the upcoming staff report.

2. Exceptional Student Achievement Award (FA-10-31) (All Wards)

(See Page 501 and Pages 40 to 42) Recommendation That the Exceptional Student Achievement Award scholarship be increased from $500 to $1,000.

City Council Agenda - 111 - February 22, 2010 3. Proliferation of Advertising Signs on Roads and Boulevards (FA-10-47)

(All Wards)

(See Page 501 and Pages 43 to 46) Recommendation That Report FA-10-47 dated February 1, 2010 regarding enforcement efforts related to the placement and removal of unlawful signs be received for information.

4. Risk Assessment and Security Plan – Civic Administration Complex (FA-10-48)

(Ward 2)

(See Pages 501 to 502 and Page 47) Recommendation Whereas Report FA-09-278, ‘Risk Assessment and Security Plan from the Commissioner, Corporate Services Department requesting approval to proceed with a comprehensive security audit of the Civic Administration Complex was reviewed by the Finance and Administration Committee on November 19, 2009; and, Whereas the projected cost of the comprehensive security audit was reported as not exceeding $50,000; and, Whereas the Finance and Administration Committee tabled Report FA-09-278 and directed staff to investigate other options for implementation other than hiring and independent security consultant; and, Whereas City staff met with our existing security provider, the Great Lakes Corp of Commissionaires to conduct a scaled down risk assessment and audit of the Civic Administration Complex at a cost not to exceed $15,000; Therefore Item 22, ‘Risk Assessment and Security Plan – Civic Administration Complex’, of the Finance and Administration Outstanding Items Status Report be lifted from the table and received for information.

City Council Agenda - 112 - February 22, 2010 5. City Council Direction – General Motors Centre Quarterly Performance Update –

Principle and Interest Payments (FA-10-11) (All Wards)

(See Page 502 and Page 62) Recommendation That City Council Direction FA-10-11, ‘General Motors Centre Quarterly Performance Update – Principle and Interest Payments’ be referred to staff to incorporate information into the ‘Financial Implications’ section of the Quarterly Financial Transmittal Report.

6. Appointment to Oshawa Accessibility Advisory Committee (FA-10-28)(All Wards)

(See Page 503 and Pages 70 to 71 and Pages C7 to C8) Recommendation That Greg Bamber be appointed to the Oshawa Accessibility Advisory Committee to fill the vacancy of one member with a disability for the term February 2010 to November 2011.

7. Extension of Application Deadline for Property Tax Grant Program for Low

Income Seniors and the Disabled (FA-10-62) (All Wards)

(See Page 508) Recommendation That the application deadline for the Property Tax Grant Program for Low Income Seniors and the Disabled be extended to April 1, 2010.

8. Sharon Carswell – Request to Address Committee Concerning Designated

Driving Services (FA-10-53) (All Wards)

(See Pages 504 and 509 and Pages 7 to 8) Recommendation That Correspondence FA-10-53 dated February 2, 2010 from Sharon Carswell and subsequent delegation before the Finance and Administration Committee concerning the Designated Driving Services By law be referred to staff for consideration in the upcoming staff report.

City Council Agenda - 113 - February 22, 2010 9. Melissa Mood on behalf of ‘Something Worth Saving’ - Music 4 Haiti Oshawa

Fundraiser Event Proposal – Request for Support (FA-10-56) (All Wards)

(See Pages 504 and 509 to 510 and Pages 12 to 26) Recommendation That Correspondence FA-10-56 dated January 26, 2010 from Melissa Mood and subsequent delegation before the Finance and Administration Committee, on behalf of ‘Something Worth Saving’, requesting support for a fundraiser event ‘Music 4 Haiti’ with proceeds being donated to assist the people of Haiti be referred to the Mayor’s Office for follow-up and report back to Council with what assistance can be provided.

10. Karen Ouellette – Request to Address Committee concerning Report FA-10-57

(FA-10-58) (Ward 5) Zoning Complaint Investigation: 630 Wychwood Street (FA-10-57) (Ward 5)

(See Pages 505 and 510 to 511 and Pages 48 to 61 and 69) Recommendation Whereas the complaint made against the property owners of 630 Wychwood Street does not seem to be a legitimate one; Therefore staff be directed not to enforce the Zoning By-law at this address with respect to this complaint.

11. Proposed Animal Care and Control By-law (FA-10-49) (All Wards)

(See Page 511 to 512 and Pages 72 to 96) Recommendation 1. That in accordance with Report FA-10-49 the attached Animal Care and

Control By-law (Attachment 1) be passed to be effective April 30, 2010; and,

2. That the Responsible Pet Owners’ By-law 11-96 be repealed on

April 30, 2010; and, 3. That the name of the By-law be changed back from Animal Care and

Control By-law to Responsible Pet Owners’ By-law.

City Council Agenda - 114 - February 22, 2010 12. City Council Direction – Item 6 of the Twenty-third Report to Council - Request

for Tender C2009-130 Winter Maintenance (FA-10-04) (All Wards)

(See Page 512 and Pages 63 to 67) Recommendation 1. That the Manager, Purchasing Services be authorized to award a seven

year contract as detailed in Report FA-10-04 dated January 14, 2010 to Miwel Construction Limited for winter maintenance, in the amount of $5,037,046, including all taxes being the lowest responsible bid received; and,

2. That the Manager, Purchasing Services be authorized to extend this

agreement for an additional two, one-year terms, subject to favourable pricing and service.

13. City Council Direction – Request Changes to the Municipal Elections Act to

Change Candidate Registration Date from January 1 until after March 30 of an Election Year (FA-10-50) (All Wards)

(See Page 513 and Page 68) Recommendation Whereas the budget is important during each and every year during a Council’s term; and, Whereas a budget should never be used for political purposes; Therefore be it resolved that the City of Oshawa ask that the Municipal Elections Act be changed so that candidates cannot register until after March 30 of the election year, thereby allowing the people’s business to be conducted first and foremost; and, That this motion be forwarded to the Province of Ontario, area municipalities, the Region of Durham, the Association of Municipalities of Ontario, and the Federation of Canadian Municipalities.

City Council Agenda - 115 - February 22, 2010 14. Oshawa Naval Veteran’s Club – 100th Anniversary of the Canadian Navy

(FA-10-63) (All Wards)

(See Page 513) Recommendation That the City of Oshawa help the Oshawa Naval Veteran’s Club celebrate the 100th Anniversary of the Canadian Navy by allowing the naval ensign to be flown at City Hall for the first week of May 2010; and, That staff work with the Naval Club to facilitate the planting of a tree in Memorial Park that same week.

15. Use of Children’s Arena by Ontario Regiment (FA-10-64) (Ward 4)

(See Page 514) Recommendation That the City of Oshawa help the Ontario Regiment celebrate its Change of Command Ceremony by allowing the use of Children’s Arena at no cost to the Regiment on May 16, 2010.

Report of the Community Services Committee The Community Services Committee respectfully reports and recommends to City Council its Twentieth Report. 1. Alice Johnson, PITCH-IN ONTARIO – Forwarding a Letter and Certificate of

Support for the 2010 PITCH-IN ONTARIO Campaign (CS-10-47) (All Wards)

(See Page 600 and Pages 1 to 3) Recommendation That Correspondence CS-10-47 dated January 26, 2010 from PITCH-IN ONTARIO being a letter and certificate of support for the 2010 PITCH-IN campaign highlighting the City’s commitment to maintain a clean environment and thanking the City for its financial support be received for information.

City Council Agenda - 116 - February 22, 2010 2. Jane Barker – Parking Concern on Woodbine Avenue (CS-10-48) (Ward 7)

(See Pages 600 to 601 and Page 4) Recommendation That Correspondence CS-10-48 dated February 3, 2010 from Jane Barker expressing safety concerns regarding on-street parking along Woodbine Avenue and requesting a ‘no parking’ restriction be implemented be referred to staff to investigate and respond.

3. Ron Boulter – Expressing Concern Regarding Potential Cost of Repairs for

City of Oshawa Outdoor Pools (CS-10-49) (All Wards)

(See Page 601 and Handout) Recommendation That Correspondence CS-10-49 dated February 6, 2010 from Ron Boulter questioning why Council is considering spending taxpayers’ money to repair two outdoor pools when there are four indoor pools in Oshawa that can be used twelve months of the year be received for information.

4. Response to Correspondence CS-09-167 Concerning Waste Collection

Efficiencies (CS-10-43) (All Wards)

(See Page 601 and Pages 5 to 9) Recommendation 1. That Report CS-10-43 dated February 3, 2010 be received for information;

and, 2. That Shaun McQueen be thanked for his submission and be provided a

copy of this report.

City Council Agenda - 117 - February 22, 2010 5. Traffic Control Modifications at Various Intersections (CS-10-45) (All Wards)

(See Page 602 and Pages 10 to 12)

1. That based on Report CS-10-45 dated January 29, 2010, Traffic By-law 79-99, as amended, be further amended by incorporating the following intersection traffic controls:

INTERSECTION

WARD MAIN STREET

STREET PROPOSED FOR CONTROL

PROPOSED CONTROL

2 Hillcrest Drive Dieppe Avenue/Dieppe Court

Stop

3 Fleetwood Drive Langford Street Stop

4 Castlegrove Avenue Lichen Court/Lichen Crescent

Stop

4 Homestead Court/ Homestead Drive

Sorrento Avenue Stop

4 Salerno Street Sorrento Avenue Stop

4 Sorrento Avenue Cooper Court Stop

6 Esterbrook Drive Harlstone Crescent Stop

6 Esterbrook Drive Wallig Avenue Stop

6 Harlstone Crescent Wallig Avenue Stop

6 Hinterland Drive Matterhorn Street Stop

6 Swiss Height Grand Ridge Avenue Stop

City Council Agenda - 118 - February 22, 2010 Report of the Strategic Initiatives Committee The Strategic Initiatives Committee respectfully reports and recommends to City Council its Fourteenth Report. 1. Status Update on Blue and White Toronto Maple Leafs Game (SIC-10-03)(Ward 2)

(See Pages 700 to 701 and Page 1) Recommendation

Whereas the City of Oshawa entered into a “Facility Operation and Management Agreement” (the “Agreement”) with Maple Leaf Sports & Entertainment Ltd. (“MLSE”) on September 1, 2006 for the operation and management of the General Motors Centre (the ‘GM Centre’) that included, in general, a provision requiring MLSE to conduct a sporting event at the GM Centre to be participated in by the Toronto Maple Leafs, the Toronto Marlies or the Toronto Raptors; and,

Whereas the City of Oshawa permitted MLSE to assign the Agreement to Global Spectrum Facility Management, L.P. by way of an ‘Assignment, Assumption, Consent and Amendment Agreement’ effective June 30, 2008 with the provision that MLSE would still be obligated to conduct a sporting event at the GM Centre to be participated in by the Toronto Maple Leafs, the Toronto Marlies or the Toronto Raptors annually to 2011; and,

Whereas MLSE has scheduled an Open Practice to be held at the GM Centre on February 28, 2010 at the GM Centre that satisfies its 2010 obligation;

Therefore the referral from City Council dated February 1, 2010 ‘That the City Manger provide a status update on the ‘Blue & White Maple Leafs Game’ that is still owed to the City under the agreement of the former management company for the General Motors Centre and report back to the Strategic Initiatives Committee’ be received for information.

2. City Council Direction – Opening of Public Spaces in an Election Year

(SIC-10-02) (All Wards)

(See Page 701 and Page 2)

Recommendation

That City Council Referral SIC-10-02, being a notice of motion that Council not use the opening of a public space for a photo opportunity after September 1st of an election year be received for information.

City Council Agenda - 119 - February 22, 2010 COMMITTEE OF THE WHOLE REPORTS 1. Bob Duignan, City Manager, submitting Report CM-10-01 concerning Inside

Oshawa 2010 Edition (All Wards)

(See Pages 800 to 802) That a draft layout of the Inside Oshawa 2010 Edition be developed for Council’s review.

2. Ron Foster, Auditor General, submitting Report AG-10-02 concerning the audit of Building Permits and Inspection Services Branch (All Wards)

(See Pages 803 to 813) That the recommendations contained in Attachment No. 5 of Report AG-10-02 dated February 17, 2010 regarding the Audit of Building Permits and Inspection Services Branch be referred to the Commissioner of Development Services for a report back to the Development Services Committee.

MOTIONS “That the City of Oshawa proclaim April 28, 2010 as a ‘Day of Mourning’ and the ‘Day of Mourning’ flag be flown for the month of April 2010 at the Day of Mourning Monument and the flags at City Hall be lowered during the ceremony to be held on that date.” “That City Council ratify the proclamation issued on February 1, 2010 proclaiming February 1 to 5, 2010 as ‘National Carpool Week’ in the City of Oshawa.” BY-LAWS

8-2010 A By-law to rename a street.

(Implements direction of October 19, 2009 through Item 6 of the Twenty-third Report of the Development Services Committee to rename Keith Ross Court to Keith Ross Drive including the new access way extending from Keith Ross Court to Airport Boulevard in the City of Oshawa.) (Ward 4)

9-2010 A By-law to amend Traffic By-law 79-99 as amended. (Implements direction of February 22, 2010 through Item 5 of the

Twentieth Report of the Community Services Committee to regulate traffic by incorporating traffic controls at various intersections.)(Wards 2, 3, 4 and 6)

City Council Agenda - 120 - February 22, 2010

DISCUSSION AGENDA

MATTERS EXCLUDED FROM CONSENT AGENDA MATTERS TABLED 1. The motion concerning the Groundwater Sampling and Bioaerosol Study Results

Oshawa Skeet & Gun Club/Composting Facility at the southeast corner of Harmony Road and Coates Road. (October 14, 2003)

2. Parts (c) and (d) of Council Resolution 1125 concerning requests to the Ministry

of the Environment with respect to Courtice Auto Wreckers Limited’s Harmony Road compost site. (October 5, 2005, 8:00 p.m. meeting)

3. The second bullet in Part 2 of Report CM-07-59 from the City Manager with

respect to the Strategic Financial Plan Process 2008-2011 Update concerning staff bringing forward a reassessment of facility rationalization. (October 9, 2007)

4. That staff be authorized to prepare an additional report concerning

neighbourhood identification on streetname signs. (October 15, 2008) 5. The motion concerning an Auditor General’s report on the energy retrofit of City

facilities. (December 15, 2008) 6. Parts 1 to 4 and Part 6 of Item 20 of the Twelfth Report of the Community

Services Committee concerning Report CS-09-121 dated September 10, 2009, ‘Ice Facility Rationalization – Capital Investment and Operating Cost for Replacement Facility’. (September 28, 2009)

NOTICES OF MOTION (As may be presented by Council members)

City Council Agenda - 121 - February 22, 2010 CONFIRMING BY-LAW A by-law to confirm the City Council meeting of February 22, 2010. ADJOURN

Page 122

APPENDIX A CITY COUNCIL PUBLIC AGENDA

FEBRUARY 22, 2010 For your information, the following correspondence received by the City Clerk will be filed following City Council’s meeting of February 22, 2010:

1. Town of Marathon, Brian Tocheri, C.A.O./Clerk forwarding Marathon Council’s endorsement of Oshawa Council’s resolution requesting the Province mandate superintendents and key holders for condominium and apartment buildings be bonded and obtain criminal reference checks. (All Wards)

2. City of Brantford, Darryl Lee, City Clerk advising Brantford Council received

Oshawa Council’s resolution requesting the Province mandate superintendents and key holders for condominium and apartment buildings be bonded and obtain criminal reference checks as part of the Clerk’s Report on Communications.

(All Wards) 3. Town of Tecumseh, Laura Moy, Director Staff Services/Clerk forwarding

Tecumseh Council’s endorsement of Oshawa Council’s resolution requesting the Province mandate superintendents and key holders for condominium and apartment buildings be bonded and obtain criminal reference checks.(All Wards)

4. Town of Whitchurch-Stouffville, Gillian Angus-Traill, Acting Council Coordinator,

forwarding Whitchurch-Stoufville Council’s endorsement Oshawa Council’s resolution requesting the Province mandate superintendents and key holders for condominium and apartment buildings be bonded and obtain criminal reference checks. (All Wards)

5. Township of Brock, Thomas Gettinby, Acting CAO and Municipal Clerk

forwarding Brock Council’s endorsement of Lambton County Council’s resolution supporting a moratorium be imposed upon each Local Health Integration Network to prevent any further reductions and/or restructuring in health care services in rural and northern communities in the Province, pending a Province-wide review process being conducted and requesting Oshawa Council’s support. (All Wards) (On January 11, 2010 City Council received for information the same request from the Regional Municipality of Durham.)

6. Federation of Canadian Municipalities (FCM), Brock Carlton, Chief Executive

Officer advising a payment was made from FCM to the City in the amount of $1,093,801 (a grant amount of $233,000 to the City of Oshawa and a loan amount of $860,801 to the Regional Municipality of Durham on behalf of the City of Oshawa) which constitute payment of the second and final contribution to the energy and building system improvements for the City of Oshawa Civic Administration Complex. (All Wards)

Appendix A continued February 22, 2010 File A-2120 Page 123

7. Premier Dalton McGuinty advising a copy of Oshawa Council’s letter of support

for Kingston Council’s resolution regarding the exemption of electricity sales from the provincial portion of the Harmonized Sales Tax has been forwarded to the Minister of Finance. (All Wards)

8. Statistics Canada, Francois Maranda, Assistant Chief Statistician, Informatics

and Methodology Field advising they intend to converge the geographical accuracy of its road network to that of the Ontario Road Network for all of Ontario; however, due to limited time and resources available prior to the 2011 Census the areas for convergence have been prioritized, and advising the Regional Municipality of Durham will not be included in the convergence project for the 2011 Census. (All Wards)

9. Regional Municipality of Durham, P.M. Madill, Regional Clerk forwarding the

quarterly report on planning activities for the period October 1, 2009 to December 31, 2009. (All Wards)

10. Regional Municipality of Durham, P.M. Madill, Regional Clerk forwarding a copy

of Report 2010-J-1 representing Regional Council’s comments in response to the Minister of the Environment’s Waste Diversion Act 2002 review – ‘From Waste to Worth: The Role of Waste Diversion in the Green Economy’. (All Wards)

11. Regional Municipality of Durham, P.M. Madill, Regional Clerk forwarding a copy

of Report 2010-P-2 representing Regional Council’s comments on the proposed Policies and Procedures for Conservation Authority Plan Review and Permitting Activities to the Ministry of Natural Resources as contained in EBR Posting 010-8243. (All Wards)

12. Regional Municipality of Durham, P.M. Madill, Regional Clerk forwarding a copy

of Report 2010-P-3 providing a summary of the final amendments to regulations under the Planning Act to ensure municipalities notify propane facility operators of new development applications within a propane facility’s defined ‘hazard distance’. (All Wards)

13. Municipality of Clarington, Anne Greentree, Deputy Clerk forwarding Clarington

Council’s resolution to the Premier of Ontario requesting construction of the 407 East extension to Highway 31/115 be completed at one time without any staging or phasing. (All Wards)

14. Regional Municipality of Durham, Dwayne Campbell, Project Planner advising a

report making a recommendation on the adopted Township of Scugog Official Plan will be presented to the Region of Durham Planning Committee at its meeting on Tuesday, February 23, 2010 at 9:30 a.m. at the Scugog Municipal Office located at 181 Perry Street in Port Perry. (All Wards)

Appendix A continued February 22, 2010 File A-2120 Page 124

15. Durham District School Board, Jeannine Joubert, Chair of the East Oshawa

Secondary Accommodation Review Committee and David Visser, Secretary of the East Oshawa Secondary Accommodation Review Committee advising the Durham District School Board will present the East Oshawa Secondary Accommodation Review Committee’s School Valuation Report, along with a staff recommendation report at a special Board meeting on March 1, 2010 at 7:00 p.m.

16. Municipality of Hastings Highlands, Craig Davidson, CAO/Clerk-Treasurer

forwarding the Municipality of Hasting Highland’s endorsement of Oshawa Council’s resolution requesting the Province mandate superintendents and key holders for condominium and apartment buildings be bonded and obtain criminal reference checks. (All Wards)

17. Prince Edward County, Victoria Leskie, Clerk, forwarding the Prince Edward

County’s endorsement of Oshawa Council’s resolution requesting the Province mandate superintendents and key holders for condominium and apartment buildings be bonded and obtain criminal reference checks. (All Wards)

18. Premier Dalton McGuinty advising Oshawa Council’s resolution regarding the

Waterfront Investment Program has been forwarded to the Minister of Energy and Infrastructure. (All Wards)

19. Town of Whitby, Debi A. Wilcox, Town Clerk, forwarding Whitby Council’s

endorsement of Oshawa Council’s resolution requesting the Province mandate superintendents and key holders for condominium and apartment buildings be bonded and obtain criminal reference checks. (All Wards)

20. Town of Whitby, Debi. A. Wilcox, Town Clerk, forwarding Whitby Council’s

resolution denying the application of Binod Singh to relocate the Hideaway Bingo Hall to 114 Dundas Street East, Whitby as the application failed the test of the demonstrated demand for a new bingo hall in accordance with Appendix 4 of the Criteria and Procedures for Establishing Bingo Halls. (All Wards)

SECTION NINE

ADDITIONAL AGENDA ITEMS 1. Tamara Morahan requesting to address City Council concerning the two

Master of Business Administration programs approved by the City of Oshawa. (All Wards)

2. Tim Bird requesting to address City Council in opposition to a motion

requiring two Master of Business Administration recipients to repay the cost of their degrees. (All Wards)

3. Eamonn Doyle requesting money spent on educational degrees for two

Master of Business Administration programs be repaid. (All Wards) 4. Marissa Kata requesting to address City Council concerning the two

Master of Business Administration programs approved by the City of Oshawa. (All Wards)

5. Jacob Binek opposing the two Master of Business Administration

programs approved by the City of Oshawa. (All Wards) 6. Jane Dewsbury opposing the two Master of Business Administration

programs approved by the City of Oshawa. (All Wards)