oshawa city council minutes – september 24, 2007 page...

OSHAWA CITY COUNCIL MINUTES – SEPTEMBER 24, 2007 Page 455 Minutes of a meeting of the Council of the City of Oshawa held in the Committee Meeting Room on September 24, 2007 at 3:30 p.m. Mayor Gray and Councillors Cullen, Henry, Kolodzie, Lutczyk, Neal (entered at 3:40 p.m.), Parkes, Pidwerbecki and Sholdra were present. Councillors Marimpietri and Nicholson were absent. Mayor Gray presided. DECLARATIONS OF PECUNIARY INTEREST Councillor Henry made a declaration of pecuniary interest concerning Item 19 of the Thirtieth Report of the Development Services Committee as Shoppers Drug Mart is the applicant for a sign variance and his wife is a franchise-owner of Shoppers Drug Mart and temporarily left the meeting during discussion of the matter. Moved by Councillor Kolodzie, seconded by Councillor Sholdra, (514) “That the meeting be closed to the public in order to discuss confidential legal and property matters.” CARRIED All Council members were present for closed meeting discussions except Councillors Marimpietri and Nicholson. Also present were S. Kranc, City Clerk, B. Duignan, City Manager, T. Hodgins, Commissioner of Development Services, R. Stockman, Commissioner of Corporate Services, S. Bertoia, Commissioner of Community Services, D. Potts, City Solicitor, L. Knox, Director of Legislative Services, C. Symons-Milroy, Director of Economic Development, A. Drodz, Principal Planner, T. Adams, Director of Corporate Communication and Marketing, R. Schatz, Real Estate Manager, M. Medeiros, Committee Coordinator and K. Bressan, Council Meeting Coordinator. All members of the public left the meeting. DELEGATIONS/DELEGATION REQUESTS Delegations 1. Barbara Lebo requesting to address City Council in opposition to Item 1 of the

Twenty-ninth Report of the Development Services Committee concerning a confidential property matter. (Ward 7)

2. Fanny Urowitz requesting to address City Council in opposition to Item 1 of the

Twenty-ninth Report of the Development Services Committee concerning a confidential property matter. (Ward 7)

Delegation Requests None.

- 456 – OSHAWA CITY COUNCIL MINUTES – SEPTEMBER 24, 2007

Barbara Lebo and Franny Urowitz entered the meeting and addressed City Council concerning Item 1 of the Twenty-ninth Report of the Development Services Committee. Council members questioned the delegation. Councillor Neal entered the meeting during questioning. The delegation left the meeting. Closed meeting discussions were held. Councillor Sholdra temporarily left the meeting. Closed meeting discussions continued. Moved by Councillor Lutczyk, seconded by Councillor Henry, (515) “That Council rise from the closed meeting.” CARRIED PRESENTATIONS None. CONFIDENTIAL CORRESPONDENCE REQUESTS None. ADDITIONAL AGENDA ITEMS/MOTIONS None.

CONSENT AGENDA Moved by Councillor Kolodzie, seconded by Councillor Lutczyk, (516) “That all items listed under the heading of Consent Agenda for the September 24, 2007 closed meeting be adopted as recommended except Item 1 of the Twenty-ninth Report of the Development Services Committee.” CARRIED CONFIDENTIAL CORRESPONDENCE None.


CONFIDENTIAL COMMITTEE REPORTS Report of the Development Services Committee The Development Services Committee respectfully reports and recommends to City Council its Twenty-ninth Report 1. Update on Property Matter (DS-07-250) (Ward 7)

Recommendation (LOST/REFERRED – See Page 458) That no further action be taken with respect to this matter.

2. Lease Renewal with Fibernetics for storage space at 1 Mary Street North (DS-07-254) (Ward 5)

Recommendation (CARRIED – See Page 456) That the City enter into a 5-year Lease agreement with Fibernetics Corporation with an option to renew for an additional 5 years subject to the terms and conditions set out in Report DS-07-254 dated September 5, 2007, said agreement to be in a form and content satisfactory to the City Solicitor; and that the Mayor and Clerk be authorized to execute the agreement.

3. Property Matter (DS-07-260) (Ward 5)

Recommendation (CARRIED – See Page 456) That the Confidential Memorandum from the Commissioner of Development Services dated September 5, 2007 concerning Item DS-07-260 be received for information.

Report of the Finance and Administration Committee The Finance and Administration Committee respectfully reports and recommends to City Council its Thirteenth Report. 1. Appointments to the Oshawa Environmental Advisory Committee (FA-07-131) (All Wards)

Recommendation (CARRIED – See Page 456) That City Council appoint Ryan Wallis, as the member of the public representative, and Julie Banks and William Cooper, as the two student member representatives, to the Oshawa Environmental Advisory Committee based on Report FA-07-131 dated August 27, 2007.


Report of the Community Services Committee None. Report of the Strategic Initiatives Committee The Strategic Initiatives Committee respectfully reports and recommends to City Council its Twelfth Report 1. Channel 12 Television Advertising Campaign Update (SIC-07-41) (All Wards)

Recommendation (CARRIED – See 56) That staff be authorized to coordinate the remaining Channel 12 commercials using the spokespeople identified in Report SIC-07-41 dated August 23, 2007.

COMMITTEE OF THE WHOLE REPORTS

None.

DISCUSSION AGENDA MATTERS EXCLUDED FROM CONSENT AGENDA Moved by Councillor Parkes, seconded by Councillor Henry, “That Council adopt Item 1 of the Twenty-ninth Report of the Development Services Committee.” LOST Moved by Councillor Neal, seconded by Councillor Cullen, (517) “That the subject matter contained in Item 1 of the Twenty-ninth Report of the Development Services Committee be referred to the Finance and Administration Committee.” CARRIED Moved by Councillor Lutczyk, seconded by Councillor Neal, (518) “That the meeting recess.” CARRIED The meeting recessed at 4:52 p.m. and reconvened at 6:30 p.m. in the Council Chamber. All Council members were present except Councillors Marimpietri and Nicholson.


PUBLIC AGENDA ADDITIONAL BLESSING Reverend Jonathan Stairs, Calvary Baptist Church, provided the additional blessing. ANNOUNCEMENTS FROM COUNCIL MEMBERS Councillor Lutczyk informed Council that Oshawa is listed in a recent issue of the Canadian Business Magazine review of ‘The Best Places To Do Business In Canada’ and described as a city to expand business in. Councillor Lutczyk also referred to a recent article in the Globe & Mail which reviewed a 400-page document issued by CMW Research comparing 4,000 data points among various vehicles including Toyota’s Prius hybrid car and GM’s Hummer, and concluded the Hummer to be 40% greener than the Prius. Councillor Kolodzie invited everyone to join ‘Walkolution’ on Wednesday, October 3, 2007 at 12:30 p.m. as we team up with other Ontario communities to set a new Guinness World Record for the largest number of people walking one kilometre simultaneously. He advised there is no entry fee and participants can register beginning at noon at City Hall, the Civic Auditorium Complex and the Legends Centre. Councillor Sholdra stated the first annual Oshawa Literary Festival held at Oshawa Valley Botanical Gardens last Saturday was successful and coincided with ‘Doors Open Oshawa’. She stated that more residents need to be made aware of the Oshawa Valley Botanical Gardens. Councillor Parkes advised she attended the Art Show at Northview Community Centre on the weekend where many talented artists from Oshawa and the Durham Region displayed their art. Councillor Parkes also introduced Paul Taylor of Oshawa who founded Project Black Ribbon for Mental Health in support of the Canadian Mental Health Association, and who worked with Lakeridge Health Corporation to help to restore diminished funding to mental health programs. She passed around a box of black ribbons to be worn in recognition of ‘Mental Illness Awareness Week’ from September 30 to October 6, 2007. Mayor Gray invited everyone to take part in the Oshawa Walk of Fame on October 4, 2007 when three significant Oshawa individuals will be honoured: Tonya Lee Williams (actor, producer), Terry Kelly (community builder/lawyer), and the late Gordon Conant (former Mayor of Oshawa and Premier of Ontario). Mayor Gray advised that permanent stones for these inductees will be set at the four corners. Mayor Gray added that ‘Doors Open Oshawa’ was very successful this past weekend and over 600 people attended the walking tour of Camp X.


DECLARATIONS OF PECUNIARY INTEREST None. PRESENTATIONS Staff members Tim Dwyre, Sandra Kranc, Christine Glover-Mainse, Viki Glover, and Percy Luther were presented with Certificates of Recognition for their longstanding commitment to the Association of Municipal Managers, Clerks and Treasurers of Ontario. Fire Chief Steve Meringer was presented with a proclamation from the Registrar of Canada proclaiming October 7 to 13, 2007 as ‘Fire Prevention Week’ and Saturday, October 13, 2007 as ‘Fire Service Recognition Day’. Chief Meringer announced October 6, 2007 is Community Day at Fire Station No. 5 on Harmony Road North. He advised there will be activities for children and adults, fire extinguishers will be refilled for a nominal fee, and smoke alarm manufacturers will provide information and products for sale. He advised that, during ‘Fire Prevention Week’ from October 7 to 13, 2007, citizens can visit and have a tour of all of Oshawa’s Fire Stations, and fire safety information will be on display at the Oshawa Centre. Chief Meringer encouraged all businesses to conduct fire drills during that week and to take information home and conduct a home fire safety drill. Chief Meringer also advised that fire fighters are currently training at the crane set-up at the new court house site. Steve Stewart, Deloitte & Touche LLP, presented the City of Oshawa’s Audited 2006 Financial Statements and stated the auditors would be providing an opinion letter stating the consolidated financial statements fairly present, in all material respects, the City’s financial position for the year in accordance with Canadian generally accepted accounting principles. Steve Stewart advised there were no significant weaknesses identified in the City’s internal controls. Cindy Symons-Milroy, Director, Economic Development Services, presented a 2007 Marketing Canada award in the Business Development Publication category received at the Economic Development Association of Canada’s 39th Annual Conference in Saskatoon last week. The award was received for Oshawa’s ‘World Cuisine Guide’, which identifies 24 unique local ethnic restaurants and which was designed in-house by David Tuley, Oshawa’s Downtown Development Officer, in conjunction with local business and 10,000 copies were produced and distributed.


DELEGATIONS/DELEGATION REQUESTS Delegations 1. James Sprague requesting to address City Council in opposition to Item 11 of the

Twenty-first Report of the Community Services Committee concerning the Cullen Miniature Village Collection. (All Wards)

James Sprague addressed City Council in opposition to Item 11 of the Twenty-first Report of the Community Services Committee concerning the Cullen Miniature Village Collection. He requested Council members vote against spending $50,000 for a business plan and stated he felt the sellers misrepresented the collection as valued at $689,000 and sought-after. James Sprague advised he contacted the Mayors of Niagara Falls and Niagara-on-the-Lake and confirmed they were never aware of, or approached by, the owners or agents of the Cullen Miniature Village Collection. James Sprague stated a third party valuation, a business plan and due diligence should have been conducted prior to using taxpayer monies to purchase the collection. He provided a spreadsheet to Council, projecting business/revenue costs based on annual attendance and operating/capital costs, stating Oshawa can expect to lose $280,000 per year on the venture, not including debt charges. James Sprague stated if the deal cannot be reversed, then the Cullen Miniature Village Collection should be auctioned or sold on E-bay. Council members questioned James Sprague. 2. Glyn Laverick, Chief Executive Officer, Ellipsis Leisure Retail Inc., requesting to

address City Council concerning Committee of the Whole Report CM-07-54 concerning The Regent Theatre agreement. (Ward 5)

Glyn Laverick, Chief Executive Officer, Ellipsis Leisure Retail Inc., addressed City Council concerning Report CM-07-54 regarding The Regent Theatre agreement stating that Oshawa is becoming a destination city by providing employment and excellent reasons for people to visit. He added the time is right to have an art scene to compliment all of the other things making Oshawa a great place to work, live and visit. Glyn Laverick complimented Council’s new working committee model which managed to complete a fine business document within two months. He stated that if City Council approves the sale and restoration of the Regent Theatre, then in the next 15 months they can look forward to tourism dollars and world-class entertainment, with over 100 live performances guaranteed every year. Glyn Laverick encouraged Council Members to seize this momentum to change the downtown and reopen the Regent Theatre. Council members questioned Glyn Laverick. Councillor Cullen temporarily left the meeting.


Delegation Requests 1. Carlleen Riley requesting to address City Council to request their support in

opposition to Durham Region Land Division Application LD 153-154/2007 permitting a severance of two residential lots to accommodate two driveway entrances on the ‘S’ curve on Bond Street and Oshawa Boulevard, R. Malachowski, Part Lot 8, Concession 2. (Ward 5)

Moved by Councillor Henry, seconded by Councillor Parkes, (519) “That Carlleen Riley be heard.” CARRIED ON A 2/3 VOTE OF MEMBERS PRESENT Carlleen Riley addressed City Council requesting support concerning traffic safety issues that could arise if the Durham Region Land Division Committee approves the severing of two residential lots to accommodate two driveway entrances on the ‘S’ curve on Bond Street and Oshawa Boulevard. She stated that Durham Regional Police Service statistics indicate there are four times more accidents at Oshawa Boulevard and Bond Street than at Bond and King Streets. Carlleen Riley expressed concern that future plans are to remove the guard rail along the curve where people walk and catch buses, and where there are visibility issues. She advised she has filed an appeal on this matter with the Ontario Municipal Board and requested Council support if traffic issues related to this matter are placed before Council in the future. PUBLIC MEETING None. CORRESPONDENCE REQUESTS 1. City of Cornwall, Denise Labelle-Gélinas, Office of the City Clerk, forwarding

Cornwall Council’s resolution requesting support for their request to the Provincial government to assume 100% of court security costs and re-assume 100% of the cost of all provincially mandated programs such as Social Assistance, ODSP, Ontario drug benefits, child care services and facilities. (Resolution Letter placed on Agenda at Councillor Neal’s request.) (All Wards)

Moved by Councillor Neal, seconded by Councillor Henry, (520) “That City Council endorse Correspondence Request 1 from the City of Cornwall requesting the Provincial government upload certain services.” CARRIED Councillor Cullen re-entered the meeting.


ADDITIONAL AGENDA ITEMS/MOTIONS 1. Canada Post, Al Bisback, General Manager, Retail Business, forwarding

correspondence in response to Oshawa Council’s resolution requesting the Federal Government amend the 1994 moratorium on post office closures to include Oshawa. (Ward 5)

Moved by Councillor Neal, seconded by Councillor Lutczyk, “That Additional Correspondence Item 1 from Canada Post be referred to the City Manager.” LOST ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Lutczyk, Neal and Parkes NEGATIVE – Councillors Cullen, Henry, Kolodzie, Pidwerbecki, Sholdra and Mayor Gray Absent – Councillors Marimpietri and Nicholson Moved by Councillor Henry, seconded by Councillor Kolodzie, (521) “That Additional Correspondence Item 1 from Canada Post be received for information.” CARRIED 2. Regional Municipality of Durham, P.M. Madill, Regional Clerk, forwarding

Regional Council’s resolution requesting area Councils forward correspondence to Toronto Region Source Protection Authority endorsing the nomination of Durham Region’s Director of Environmental Services (currently, John Presta) as the Durham municipal member of the Credit Valley/Toronto/Central Lake Ontario Region Source Protection Committee. (All Wards)

Moved by Councillor Kolodzie, seconded by Councillor Cullen, (522) “That Additional Correspondence Item 2 from the Regional Municipality of Durham be endorsed and a letter be sent to Toronto Region Source Protection Authority.” CARRIED Moved by Councillor Parkes, seconded by Councillor Cullen, (523) “That a motion in support of Project Black Ribbon for Mental Health be added to the Consent Agenda.” CARRIED ON A 2/3 VOTE OF MEMBERS PRESENT

PUBLIC CONSENT AGENDA Moved by Councillor Parkes, seconded by Councillor Pidwerbecki, (524) “That all items listed under the heading of Consent Agenda for the September 24, 2007 public meeting agenda be adopted as recommended except: Items 19 and 21 of the Thirtieth Report of the Development Services Committee; Items 9 and 11 of the Twenty-first Report of Community Services Committee; Item 2 of the Thirteenth Report of the Strategic Initiatives Committee; and, Report CM-07-54.” CARRIED


ADOPTION OF MINUTES “That the minutes of the September 4 and 17, 2007 City Council meetings be adopted.” (CARRIED – See Page 463) CORRESPONDENCE Correspondence – Received and Filed “That correspondence listed in Appendix A to the Public Agenda for the September 24, 2007 City Council meeting was received and filed.” (CARRIED – See Page 463) Correspondence None. COMMITTEE REPORTS Report of the Development Services Committee The Development Services Committee respectfully reports and recommends to City Council its Thirtieth Report 1. Tammy Gay, light pollution abatement and outdoor illumination by-law (DS-07-216) (All Wards)

Recommendation (CARRIED – See Page 463) That correspondence received July 30, 2007, from Tammy Gay concerning light pollution abatement and outdoor illumination by-law be referred to staff for response indicating the City is working with other municipalities to prepare a model outdoor illumination by-law.

2. T.M. Mason, Code of Conduct re Renovations (DS-07-228) (All Wards) Recommendation (CARRIED – See Page 463) That correspondence dated July 8, 2007, from T.M Mason regarding a code of conduct with respect to renovations be referred to the Chief Building Official for response.


3. John Malish, closure of Canada Post retail outlet in downtown Oshawa (DS-07-229) (Ward 2)

Recommendation (CARRIED – See Page 463) That correspondence dated August 9, 2007, from John Malish regarding closure of the Canada Post retail outlet in downtown Oshawa be referred to staff to provide Mr. Malish with a copy of the Council resolution of September 4, 2007, opposing the closure of the Canada Post retail outlet at 47 Simcoe Street South.

4. Shannon Soares, expressing concern regarding Interim Control By-law 58-2007

and requesting the By-law be abolished (DS-07-235) (Ward 7) Recommendation (CARRIED – See Page 463) That correspondence dated August 4, 2007, from Shannon Soares concerning Interim Control By-law 58-2007 be received and that Shannon Soares’ name be added to the notification list for future public meetings/public open houses for the North Oshawa Residential Land Use Study.

5. Correspondence submitting comments re John Street East Extension

Environmental Study Report and petitions from: (a) Robbie and Terri-Lynn Larocque (b) Ed and Lexanne Cooper (c) Albert Street Gospel Hall (d) Eulalie Street residents (petition)

(e) Ken Carruthers (2 petitions) (DS-07-236) (Ward 2) Recommendation (CARRIED – See Page 463) That correspondence from Robbie and Terri-Lynn Larocque, Ed and Lexanne Cooper, and the Albert Street Gospel Hall, and the petitions from the Eulalie Street residents and Ken Carruthers regarding the John Street East Extension Environmental Study Report be received and referred to the Ministry of the Environment as part of the Part II Order request.

6. Toronto and Region Source Protection Authority – Notification to municipalities

on final municipal groupings and request for nominations for municipal members to be appointed to the CTC Source Protection Committee (DS-07-237)(All Wards) Recommendation (CARRIED – See Page 463) That John Presta, P.Eng., Director, Environmental Services, Region of Durham, be endorsed by the City of Oshawa as its municipal member of the CTC Source Protection Committee.


7. Ministry of Transportation, inspection of steel deck truss bridges (DS-07-249) (All Wards)

Recommendation (CARRIED – See Page 463) Whereas the City of Oshawa does not have any steel deck truss bridges on its roadway system, that the correspondence from the Ministry of Transportation Ontario dated August 9, 2007, be received for information.

8. Application for Removal of ‘h’ Holding Symbol, 419 King Street West, Ivanhoe

Cambridge Inc. and OMERS Realty Corporation (DS-07-234) (Ward 2) Recommendation (CARRIED – See Page 463) Whereas on October 6, 1997, Council passed an amendment to Zoning By-law 60-94 (By-law 96-97) to regulate the permitted Planned Commercial Centre (PCC-A) uses at the Oshawa Centre at 419 King Street West; and, Whereas the zoning by-law amendment includes a holding symbol which was intended to phase the introduction of additional office floorspace by restricting the maximum permitted gross leasable floor area for offices to 52,000 square metres until December 31, 2006; and, Whereas it is appropriate for Council to consider this matter at this time since the time period referred to in the ‘h-17’ holding symbol has passed; That the ‘h-17’ holding symbol be removed by by-law from the PCC-A(1) ’h-17’ zoning of the Oshawa Centre at 419 King Street West at the September 24, 2007, Council meeting.

9. Application for Removal of ‘h’ Holding Symbol, Southeast corner of Conlin Road

East and Simcoe Street North, Wellington Capitol Corporation (DS-07-238) (Ward 7)

Recommendation (CARRIED – See Page 463) Whereas on July 17, 2006, Council passed an amendment to Zoning By-law 60-94 (By-law 106-2006) for the Simcoe Street North corridor to permit certain mixed-use residential/commercial uses south of Conlin Road; and, Whereas By-law 106-2006 was appealed to the Ontario Municipal Board; and, Whereas the Ontario Municipal Board has approved the zoning for the lands located at the southeast corner of Conlin Road East and Simcoe Street North subject to a special condition; and,


Whereas the zoning by-law includes a holding symbol to ensure that: (a) Site plan approval is obtained from the City; (b) Appropriate arrangements are made for the provision of adequate water,

sanitary, storm, foundation drainage, and transportation to the development to the satisfaction of the City and Region;

(c) Driveway access to the satisfaction of the City and Region; (d) Noise mitigation to the City’s satisfaction; and (e) Any necessary cross-access easements are created to the satisfaction of

the City; and, Whereas a site plan agreement will be executed by the applicant shortly; and, Whereas it is appropriate for Council to consider this matter at this time in order to advance the issuance of conditional building permits; That the ‘h-48’ holding symbol be removed by by-law from the lands zoned MU-C(1) ‘h-48’ at the southeast corner of Conlin Road East and Simcoe Street North at the September 24, 2007, Council meeting and that no building permit be issued until the Commissioner of Development Services is satisfied that the development can proceed.

10. Application for Variances to Sign By-law 72-96, 793 Taunton Road East, HSBC

Bank (DS-07-240) (Ward 6) Recommendation (CARRIED – See Page 463) Whereas the HSBC Bank has applied for variances to Sign By-law 72-96 to permit a fascia sign on both the south and west building elevations which do not face a street line whereas the sign by-law only permits fascia signs facing a street line; and, Whereas the proposed fascia signs are appropriate for a building within a large shopping centre development; Therefore, the application for variances to Sign By-law 72-96 submitted by the HSBC Bank (File SV-07/2007) to permit a fascia sign on both the south and west building elevations of the building at 793 Taunton Road East, be approved.


11. Proposed Variances to Sign By-law 72-96, MU (Mixed Use) Zones, City of

Oshawa (DS-07-243) (Ward 7) Recommendation (CARRIED – See Page 463) Whereas in July 1996 City Council passed Sign By-law 72-96; and, Whereas Sign By-law 72-96 regulates signage based on the zones contained in Zoning By-law 60-94 as of June 6, 1994; and, Whereas in 2006 Zoning By-law 60-94 was amended by adding new MU (Mixed Use) Zones for the Simcoe Street North Corridor, south of Conlin Road; and, Whereas there are no sign by-law regulations for any MU (Mixed Use) Zone; and, Whereas it is appropriate to vary the provisions of Sign By-law 72-96 to provide appropriate sign regulations for the MU (Mixed Use) Zones; and, Therefore Sign By-law 72-96 is varied as follows: (a) The sign by-law provisions and regulations applicable to the Specialized

Office Zone shall apply to the MU-A (Mixed Use) Zone;

(b) The sign by-law provisions and regulations applicable to the PSC-A (Planned Strip Commercial) Zone shall apply to the MU-B (Mixed Use) Zone; and

(c) The sign by-law provisions and regulations applicable to a Planned Commercial Centre Zone shall apply to the MU-C (Mixed Use) Zone.

12. Proposed City-Initiated Amendments to the Oshawa Official Plan and Zoning

By-law 60-94 (DS-07-227) (All Wards) Recommendation (CARRIED – See Page 463) That the Development Services Department be authorized to begin the public process that will allow Council to consider amendments to the Oshawa Official Plan and Zoning By-law 60-94 as generally set out in Attachment 1 to Report DS-07-227 dated September 5, 2007.

13. Fencing and Small Accessory Buildings in Front Yards on Corner Lots in

Residential Zones (DS-07-231) (All Wards) Recommendation (CARRIED – See Page 463) That Report DS-07-231 dated September 5, 2007, concerning fencing and small accessory buildings in front yards on corner lots in residential zones be received for information.


14. Proposed Regional Official Plan Amendment, Community Improvement Plans (DS-07-253) (All Wards)

Recommendation (CARRIED – See Page 463) 1. That the City of Oshawa support the proposed Amendment to the Durham

Regional Official Plan forming Attachment 1 to Regional Commissioner’s Report 2007-P-253, subject to the revisions outlined in Section 5.3 of Report DS-07-253 dated September 5, 2007, from the City’s Commissioner of Development Services.

2. That the Region of Durham be requested to revise the proposed Durham

Regional Official Plan Amendment with respect to Regional participation in Community Improvement Plans as follows:

(a) To enable Regional participation in area municipal Community Improvement Plans for brownfield sites;

(b) To include policy language to give priority to development within Urban Growth Centres identified in the Growth Plan for the Greater Golden Horseshoe; and,

(c) To enable the Region to prepare a Region of Durham Community Improvement Plan to address the servicing of employment areas in the Region that have not developed owing, in part, to onerous costs associated with the extension of Regional services.

3. That a copy of Report DS-07-253 dated September 5, 2007, be forwarded

to the Region of Durham. 15. July 2007 Building Permit Statistics (DS-07-233) (All Wards)

Recommendation (CARRIED – See Page 463) That Report DS-07-233 dated September 5, 2007, regarding the July 2007 building permit statistics be received for information.


16. Building Code Act – Revocation of Building Permits (DS-07-257) (All Wards)

Recommendation (CARRIED – See Page 463) Whereas, Section 8.-(10) Clause (c) of the Ontario Building Code Act, 1992, as amended, states that: “… the chief building official may revoke a permit issued under this Act, (c) if construction or demolition of the building is, in the opinion of the chief building official, substantially suspended or discontinued for a period of more than one year; …” Whereas this clause allows only a small amount of construction activity to take place once per year in order to keep a building permit active and, as a result, a partially constructed building can sit in a derelict condition for years; Whereas this clause restricts the ability of a municipality to encourage construction activity leading to the timely completion of buildings; Whereas reducing the time that a partially constructed building can remain dormant from one year to six months would allow the Chief Building Official to revoke the permit sooner and have the building addressed under the property standards by-law. Therefore, the City of Oshawa hereby supports amending Section 8.-(10) Clause (c) of the Building Code Act, 1992, as amended, by reducing the time period of from one year to six months; and that a letter be forwarded to the Minister of Municipal Affairs and Housing; Ministry of Municipal Affairs and Housing, Building and Development Branch; Ontario Building Officials Association (OBOA); and to the Association of Municipalities of Ontario (AMO) for distribution and support from all municipalities in Ontario.

17. Licence Renewal with Ontario Realty Corporation for Everglades Park (DS-07-251) (Ward 7)

Recommendation (CARRIED – See Page 463) That, based on Report DS-07-251 dated September 5, 2007, the Mayor and Clerk be authorized to execute a Licence Agreement, satisfactory to the City Solicitor, with Ontario Realty Corporation for the use of a former hydro corridor that now forms part of Everglades Park, pursuant to the terms and conditions set out in the aforementioned report.


18. Council Directive – Investigation of placement of drain and gutter at intersection

of Waverly Street and Barbados Street (DS-07-226) (Ward 4) Recommendation (CARRIED – See Page 463) Whereas at the Council meeting of July 16, 2007, Council directed that an investigation be undertaken into drainage concerns at the intersection of Waverly Street and Barbados Street; and, Whereas staff has investigated and reviewed the matter with Councillor Marimpietri; and, Whereas historical drainage problems in the area have been improved as a condition of development of the Southfields Subdivision east of the intersection; and, Whereas drainage problems will continue to improve as the development is completed; Therefore this item be received for information.

19. Application for Variances to Sign By-law 72-96, 199 Wentworth Street West,

Shoppers Drug Mart (DS-07-241) (Ward 1) Recommendation (CARRIED – See Page 487) Whereas Shoppers Drug Mart has applied for the following variances: (a) To permit four fascia signs (easypix, Shoppers Drug Mart, Visit us at

shopersdrugmart.ca and Open 12 am) on the west building elevation whereas the sign by-law only permits one fascia sign facing each street line; and

(b) To permit seven fascia signs (easypix, Shoppers Drug Mart, four lifestyle pictures that contain no written message and Open 12 am) on the north building elevation whereas the sign by-law only permits one fascia sign facing each street line; and,

Whereas the proposed fascia signs are appropriate for a building within a large shopping centre development; Therefore, the application for variances to Sign By-law 72-96 by Shoppers Drug Mart (File SV-08/2007) to permit four fascia signs on the west building elevation and seven fascia signs on the north building elevation at 199 Wentworth Street West, be approved.


20. Highway 407 East Environmental Assessment, Technically Preferred Route

Alignment (DS-07-246) (All Wards) Recommendation (CARRIED – See Page 463) 1. That City Council endorse the technically recommended route alignment in

Oshawa, as shown on Exhibit 2 to Report DS-07-246 dated September 5, 2007, for developing concept design plans as part of the next phase of the Highway 407 East Environmental Assessment (EA), conditional on the construction of additional full interchange connections with Highway 407 East at Thornton Road North and Townline Road North as currently shown in the Durham Regional Official Plan and Oshawa Official Plan; and,

2. That a copy of Report DS-07-246 dated September 5, 2007, be forwarded

to the Minister of Transportation, Ministry of Transportation project staff, and Totten Sims Hubicki Associates; and,

3. That copies of the Council resolution be sent to the Region of Durham and

its member municipalities for endorsement. 21. Zoning Review of Refreshment Vehicles (DS-07-186) (All Wards)

Recommendation (CARRIED – See Page 487) That, based on Report DS-07-186 dated September 5, 2007, the Development Services Department be authorized to include during the next round of technical amendments to Zoning By-law 60-94 proposed amendments to Zoning By-law 60-94 which would:

(a) Define a stationary refreshment vehicle (excluding a hot dog cart) as meaning any vehicle that is used for the sale and storage or preparation of food or drink intended for immediate consumption by the public and which may contain cooking facilities and is intended to be operated or licensed for a period greater than one week in any given year from one location only;

(b) Only zone to permit stationary refreshment vehicles in any PCC (Planned Commercial Centre), PSC-A (Planned Strip Commercial) and SPC (Special Purpose Commercial) Zone that permits fast food restaurants;

(c) Require that stationary refreshment vehicles cannot be the only main commercial use on the property;

(d) Permit hot dog carts in any zone that permits a fast food restaurant since they are normally temporary uses;


(e) Require a stationary refreshment vehicle to have a minimum of 5 parking

spaces; and,

(f) Require a minimum separation distance of 80 metres between a stationary refreshment vehicle and another stationary refreshment vehicle, a restaurant and playground equipment in a City park.

22. Memorandum re Erosion on Harmony Creek, Branch 1, in the Hillcroft/Arnhem

Drive area (DS-07-259) (Ward 5) Recommendation (CARRIED – See Page 463) That Engineering Services staff be authorized to hold a public information meeting with property owners of Hillcroft Street and Arnhem Drive abutting Harmony Creek, Branch 1.

23. OMB Party Status Regarding Amendment 114 of the Durham Regional Official

Plan (DS-07-267) (Ward 5) Recommendation (CARRIED – See Page 463) Whereas City of Oshawa Council (‘Council’), at its meeting of July 4, 2006, passed a resolution requesting, among other matters, that the Municipality of the Region of Durham re-designate lands within the Harbour Road Land Use Study Area and the ACSYS/North Ritson Road Industrial Area (the ‘Subject Lands’) from ‘Employment Area’ to ‘Living Area’ as part of the Regional Official Plan Review; and, Whereas Amendment 114 to the Durham Regional Official Plan (‘ROPA 114’) was adopted by Durham Regional Council on September 13, 2006; and, Whereas ROPA 114 re-designates the Subject Lands in the City of Oshawa from ‘Employment Area’ to Living Area’; and, Whereas at its meeting of April 10, 2007, Council adopted Official Plan Amendment 125 (‘OPA 125’) to re-designate the Harbour Road Land Use Study Area from ‘Industrial’ to ‘Residential’ and Zoning By-law 27-2007 to implement OPA 125, both of which are subject to ROPA 114 being approved; and, Whereas the Ministry of Municipal Affairs and Housing and others appealed certain portions of ROPA 114, including the re-designation of the Subject Lands, to the Ontario Municipal Board (‘OMB’); and, Whereas it would be in the public interest for the City to be a party to the upcoming OMB hearing to defend those portions of ROPA 114 relating to the Subject Lands;


Therefore be it resolved: 1. That Oshawa City Council direct the City Solicitor to request that the

Ontario Municipal Board grant party status to the City of Oshawa for the upcoming Ontario Municipal Board proceedings regarding ROPA 114 as it relates to the Subject Lands; and,

2. That Legal Services and Planning Services staff be authorized to attend

any Ontario Municipal Board proceedings regarding this matter to represent the City’s interests.

24. Municipality of West Grey, Resolution 295-07 (DS-07-268) (All Wards)

Recommendation (CARRIED – See Page 463) That the City of Oshawa endorse Resolution 295-07 of the Municipality of West Grey concerning an amendment to Section 36(8) of the Building Code Act, 1992, as amended, to provide municipalities a time limit of two years from the date of discovery for commencing legal action in circumstances where buildings and structures have been placed on municipal properties without first having obtained building permits for same.

Report of the Finance and Administration Committee The Finance and Administration Committee respectfully Reports and recommends to City Council its Fourteenth Report. 1. Appeal of Muzzle and Control Order – Karen Campbell (ABCS-06-261) (Ward 5)

Recommendation (CARRIED – See Page 463) That the appeal of the Muzzle and Control Order placed on Karen Campbell’s dog ‘Dingo’ be denied.

2. Appeal of Muzzle and Control Order – Pamela Love (ABCS-06-262) (Ward 1)

Recommendation (CARRIED – See Page 463) That the appeal of the Muzzle and Control Order placed on Pamela Love’s dog ‘Tilly’ be denied.

3. Appeal of Muzzle and Control Order – Maurice Jones (FA-07-125) (Ward 1) Recommendation (CARRIED – See Page 463) That the appeal of the Muzzle and Control Order placed on Maurice Jones’ dog ‘Buddy’ be denied.


4. Appeal of Muzzle and Control Order – Kathy Allison (FA-07-126) (Ward 4)

Recommendation (CARRIED – See Page 463) That the appeal of the Muzzle and Control Order placed on Kathy Allison’s dog ‘Guinness’ be denied.

5. Appeal of Muzzle and Control Order – Jack Campbell (FA-07-127) (Ward 3)

Recommendation (CARRIED – See Page 463) That the Appeal of the Muzzle and Control Order placed on Jack Campbell’s dog ‘Goldie’ be upheld and the Muzzle and Control Order be revoked.

6. Appeal of Muzzle and Control Order – MaryLynn Holmes (FA-07-128) (Ward 3)

Recommendation (CARRIED – See Page 463) That the appeal of the Muzzle and Control Order placed on MaryLynn Holmes’ dog ‘Blaze’ be denied.

7. Claudette and Brian Hess – Request to have the $10.00 Fee charged to

Homeowners requiring a Tax Print-out and charge only to Commercial/Industrial Businesses (FA-07-139 ) (Ward 5) Recommendation (CARRIED – See Page 463) That correspondence dated August 30, 2007 from Claudette and Brian Hess requesting that the $10.00 fee charged to homeowners requiring a tax print-out be removed and charged only to commercial and industrial businesses requesting a print-out be received for information.

8. Jayme Harper, Progressive Monkey Inc. – Request for City of Oshawa

Volunteers to assist with Food Drive and Corporate Sponsorship (FA-07-140) (All Wards)

Recommendation (CARRIED – See Page 463) That correspondence dated August 27, 2007 from Jayme Harper, Progressive Monkey Inc. requesting volunteers from the City of Oshawa to assist with a food drive and requesting corporate sponsorship be received for information.


9. Tzachi Chen, MT Enterprises – Request to use the City logo and advertise on the

City’s Website for their ‘Campaign for Clean Environment and Fighting Against Motor Vehicle Accidents’ (FA-07-142) (All Wards) Recommendation (CARRIED – See Page 463) Whereas City Policy does not allow the use of the City’s logo or advertising on the website unless there is a Partnership arrangement; Therefore be it resolved that the request from MT Enterprises for the use of the City logo and advertise on the City’s Website be denied.

10. 9-1-1 Ontario Advisory Board – Request for Financial Assistance (FA-07-144)

(All Wards) Recommendation (CARRIED – See Page 463) That correspondence dated August 1, 2007 from Dan VanLondersele, Chair, Ontario 9-1-1 Advisory Board concerning a request for financial assistance in the amount of $100 to assist the Board to continue its work and represent the interests of municipal governments and their citizens on 9-1-1 issues be received for information.

11. Harmony Movement – Request for Sponsorship (FA-07-145) (All Wards)

Recommendation (CARRIED – See Page 463) That correspondence dated August 7, 2007 from Cheuk Kwan, Executive Director, Harmony Movement concerning a request for sponsorship for their Harmony LINKS retreat being held on September 28 to 30, 2007 at the Ontario Educational Leadership Centre in Longford Mills, Ontario be received for information.

12. Debbie Scott, St. Joseph The Worker Parish – Request for large Oshawa Flag

and Oshawa Pins (FA-07-141) (All Wards) Recommendation (CARRIED – See Page 463) That the City of Oshawa provide a 6 x 3 Oshawa flag and 400 Oshawa pins to Debbie Scott, Youth Minister, St. Joseph the Worker Parish for the 2008 World Youth Day being held in Australia.

13. Robert Vear – Annual Pet Licence Fees (FA-07-147) (All Wards)

Recommendation (CARRIED – See Page 463) That correspondence dated July 30, 2007 from Robert Vear concerning the increase in fees charged for annual Pet Licences be received for information.


14. Request for Partnership Grant – Durham Children’s Groundwater Festival

(FA-07-121) (All Wards) Recommendation (CARRIED – See Page 463) That the 2007 Partnership Grant request from the Durham Children’s Groundwater Festival for $10,000 as outlined in Report FA-07-121 dated August 20, 2007 be denied.

15. Request for Waiving of Fees – Windreach Farm (FA-07-123) (All Wards)

Recommendation (CARRIED – See Page 463) That the request for waiving of fees totaling up to $500 for the fundraising event for Windreach Farms as outlined in Report FA-07-123 dated August 20, 2007 be approved as it meets all the criteria established within the Request for Waiving of Fees Policy.

16. Summary of Contracts Awarded During the Period July 1, 2007 to

August 31, 2007 (FA-07-132-CM) (All Wards) Recommendation (CARRIED – See Page 463) That Report FA-07-132-CM dated September 6, 2007, ‘Summary of Contracts Awarded during the Period July 1, 2007 to August 31, 2007’, be received for information.

17. 2006 Municipal Performance Measurement Program (MPMP) (FA-07-137) (All Wards)

Recommendation (CARRIED – See Page 463) 1. That the Municipal Performance Measurements attached to Report FA-07-

137 dated September 4, 2007 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 web site or may be obtained by contacting staff in Finance Services.


18. Committee and Council Meeting Attendance Record (FA-07-136) (All Wards)

Recommendation (CARRIED – See Page 463) That City Clerk Services maintain City Council and Standing Committee meeting attendance statistics of Council members commencing in 2008 as follows: 1. That the attendance of members of City Council and Committee be

calculated based on ‘Present’ or ‘Absent’; 2. That where an absence is recorded, that the record indicate whether

Council members are absent on City Business, Regional Business, Vacation, Illness, Other or Unknown; and,

3. That attendance at special meetings of City Council and Committees be

maintained separately.

19. City Council Directive Accountability and Transparency – New Bill 130 Requirements (FA-07-150) (All Wards) Recommendation (CARRIED – See Page 463) That City Council appoint the following four Council Members to the Accountability and Transparency Sub-Committee:

Councillor Parkes, Finance and Administration Committee representative; Councillor Henry, Development Services Committee representative; Councillor Nicholson, Strategic Initiatives Committee representative; and Councillor Neal, Community Services Committee representative.

20. City Council Directive – In-Camera Meetings (FA-07-151) (All Wards)

Recommendation (CARRIED – See Page 463) That In-Camera meetings of City Council continue to be held in the Committee Meeting Room.

21. Walk of Fame (FA-07-153) (All Wards)

Recommendation (CARRIED – See Page 463) That up to $1,200 be allocated from account 002 001 44000 for Councillors wishing to purchase tickets or a table for the ‘Walk of Fame’ event.


Report of the Community Services Committee The Community Services Committee respectfully reports and recommends to City Council its Twenty-first Report 1. Larry O’Brien, Mayor, City of Ottawa, requesting Oshawa to support the ‘National

Tree Planting Challenge’ through the United Nations Environment Programme (CS-07-173) (All Wards)

Recommendation (CARRIED – See Page 463) Whereas the United Nations Environment Program (UNEP) has launched the Billion Tree Campaign, a major worldwide tree planting initiative that calls for people, communities, business and industry, civil society organizations and governments to enter tree planting pledges online with the objective of planting at least one billion trees worldwide during 2007; and, Whereas the Mayor of the City of Ottawa has invited the City of Oshawa to participate in the National Tree Planting Challenge and the Billion Tree Campaign; and, Whereas the City of Ottawa has created the National Tree Planting Challenge to unite Canadian Municipalities, tally and track the tree planting initiatives of participating Canadian municipalities and submit a consolidated Canadian pledge to the United Nations Billion Tree Campaign annually; and, Whereas the City of Oshawa Forestry Business Plan identifies objectives for maximizing the urban forest; and, Whereas the City of Oshawa currently plants approximately 1,500 new trees annually inclusive of parks, street and development related programs; Therefore, be it resolved that Oshawa City Council endorse the City’s participation in the National Tree Planting Challenge and the Billion Tree Campaign and authorize staff to pledge the planting of 1,500 trees annually from 2007 to 2010 and to promote participation in this initiative to Oshawa residents.

2. Judy Reinkoester, requesting the installation of sound barriers on Ritson Road

North (CS-07-174) (Wards 5 and 7) Recommendation (CARRIED – See Page 463) That correspondence CS-07-174 dated July 18, 2007, from Judy Reinkoester requesting the installation of sound barriers on Ritson Road North be referred to the Region of Durham as Ritson Road is a Regional road.


3. Jack Donachey and Charlie Speedie – requesting the removal of Basswood

Trees on Mary Street North between Aberdeen Street and Connaught Street (CS-07-175) (Ward 5)

Recommendation (CARRIED – See Page 463) That correspondence CS-07-175 dated July 13, 2007, from Jack Donachey and Charlie Speedie requesting the removal of Basswood Trees on Mary Street North, between Aberdeen Street and Connaught Street, be received and filed as staff has responded to this request.

4. Louis D’Amore, Founder and President, International Institute for Peace through

Tourism – requesting the rededication of Centennial Park as a Park of Peace (CS-07-176) (All Wards)

Recommendation (CARRIED – See Page 463) Whereas in 1992 Canada celebrated its 125th birthday and approximately 400 cities and towns across Canada dedicated a Park to Peace including Centennial Park in Oshawa; and, Whereas October 8th 2007 marks the 15th anniversary of ‘Peace Parks Across Canada’; and, Whereas the International Institute for Peace through Tourism is coordinating a nation-wide rededication at noon local time Monday, October 8, 2007; and, Whereas the City of Oshawa has been invited to participate in the rededication ceremony by planting a tree in the peace grove of trees that were originally planted during the 1992 dedication ceremony; Therefore, be it resolved that Oshawa City Council endorse the City’s participation in the commemorative rededication of Centennial Park as a Peace Park and authorize staff to coordinate a rededication ceremony.

5. Mary Gallop, Chair, Play Works – invitation to participate in the Youth Friendly

Community Recognition Program (CS-07-177) (All Wards) Recommendation (CARRIED – See Page 463) Whereas Play Works, the Ontario Partnership for Active Youth dedicated to helping youth by encouraging and promoting a greater investment in youth play annually recognizes communities in Ontario who actively support and provide opportunities for the growth and development of youth through play; and, Whereas correspondence has been received from Play Works inviting the City of Oshawa to reapply this fall to be recognized as a ‘Youth Friendly Community’;


Therefore, be it resolved that the City of Oshawa apply to the Ministry of Health Promotion – Play Works to be recognized as a ‘Youth Friendly Community’ for 2007.

6. Oshawa Ball Diamond Council – Letter of Appreciation for outstanding customer

service from City staff with respect to the NSA Canadian World Series Event (CS-07-188) (All Wards)

Recommendation (CARRIED – See Page 463) That correspondence CS-07-188 from Allan Lane, Chair, Oshawa Ball Diamond Council, expressing his appreciation to City staff for their outstanding customer service with respect to the NSA Canadian World Series Event be received for information, and that staff be thanked for their efforts in helping to make the NSA Canadian World Series Event a success.

7. Renata and Tony Stabile expressing concern about an attack on two parents

outside the General Motors Centre (GMC) and the cancellation of an Oshawa Minor Hockey Novice AA team practice at the GMC without prior notice

(CS-07-190) (Ward 2) Recommendation (CARRIED – See Page 463) That correspondence CS-07-190 concerning an attack on two parents outside the General Motors Centre (GMC) and cancellation of an Oshawa Minor Hockey Novice AA team practice at the GMC without prior notice be referred to Durham Regional Police Service and City staff, including Municipal Law Enforcement and Licensing Services, for investigation.

8. Civic Auditorium Arena Photographs – Letter of Understanding – Oshawa Sports

Hall of Fame (CS-07-181) (All Wards) Recommendation (CARRIED – See Page 463) 1. That based on Report CS-07-181 dated September 5, 2007, Council

authorize the Mayor and City Clerk to execute the Letter of Understanding (Attachment 1) with the Oshawa Sports Hall of Fame for the care and display of the Civic Auditorium Arena photographs at the General Motors Centre; and,

2. That the Oshawa Sports Hall of Fame be thanked for their support and

ongoing efforts.


9. Recreation Services Certificate Program (DS-07-180) (All Wards)

Recommendation (CARRIED – See Page 487) 1. That based on Report CS-07-180 dated August 15, 2007, the Recreation

Services Certificate Program be continued; 2. That a maximum of $15,000 in City subsidization be approved; and, 3. That the Regional Municipality of Durham, Social Services Department, be

informed of Council’s direction. 10. Hillcroft Street Cycling Route Post Trial Review and Implementation of the

Waterfront Trail Cycling Route (CS-07-182) (All Wards) Recommendation (CARRIED – See Page 463) 1. That based on Report CS-07-182 dated August 30, 2007, the cycling route

facility on Hillcroft Street be made permanent; and, 2. That on-street cycling routes be implemented along the Waterfront Trail.

11. Cullen Miniature Village Collection (CS-07-164) (All Wards)

Recommendation (REFERRED – See Page 487) 1. That based on Report CS-07-164 dated August 22, 2007, a business

development specialist be retained to assist staff in developing a business plan for the Cullen Miniature Village Collection at a cost not to exceed $50,000; and,

2. That the business plan development be funded from the Cullen Miniature

Village Collection project. Report of the Strategic Initiatives Committee The Strategic Initiatives Committee respectfully reports and recommends to City Council its Thirteenth Report 1. Oshawa Info Source Update (SIC-07-38) (All Wards)

Recommendation (CARRIED – See Page 463) That the proposed graphic cover design and draft layout set out respectively in Attachments 1 and 2 of Report SIC-07-38 dated August 13, 2007 be endorsed and further that the proposed publication be referred to staff for finalization and distribution to residents the beginning of October 2007.


2. City of Oshawa Brand Identify Guidelines Manual (SIC-07-39) (All Wards)

Recommendation (CARRIED – See Page 487) That the City of Oshawa Brand Identity Guidelines Manual as set out in Attachment No. 1 to Report SIC-07-39, dated August 27, 2007 be endorsed.

COMMITTEE OF THE WHOLE REPORTS 1. R. Stockman, Commissioner of Corporate Services, submitting Report CM-07-55

concerning the 2006 Audited Financial Statements (All Wards)

Recommendation (CARRIED – See Page 463) 1. That the financial statements for the year ended December 31, 2006

attached to Report CM-07-55 be approved; 2. That notice of the availability of the financial statements through the City’s

web-site 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. B. Duignan, City Manager, submitting Report CM-07-58 concerning Indexing of City of Oshawa Development Charge By-law 84-2004 (All Wards)

Recommendation (CARRIED – See Page 463) That, pursuant to Report CM-07-58, dated September 19, 2007, staff be directed to organize a public meeting to consider a proposed amendment to Development Charge By-law 84-2004 to change the indexing of City development charges from annual indexing to semi-annual indexing and a related scoped Development Charge Background Study.


3. B. Duignan, City Manager, submitting Report CM-07-54 concerning the Regent Theatre agreement – Glyn Laverick (Ward 5)

Recommendation (CARRIED – See Page 488) 1. That the draft legal agreement between Ellipsis Assets Oshawa Inc. and

the City in respect to the Regent Theatre be approved generally in the form attached in Report CM-07-54 dated September 21, 2007; and that the City Manager and City Solicitor be authorized to finalize the aforementioned agreement; and further that the Mayor and Clerk be authorized to execute the final agreement once the City Manager and City Treasurer are satisfied with the due diligence process; and,

2. That, notwithstanding Appendix No. 2 of the Central Business District

Renaissance Community Improvement Plan, Ellipsis Assets Oshawa Inc. be provided with a loan under the Façade Improvement Loan Program and the Upgrade to Building Code Loan Program in the amount of $700,000 for works eligible under the respective loan programs; and that the loan be provided to Ellipsis Assets Oshawa Inc. at closing and that the loan be forgiven upon execution of the aforementioned agreement which includes performance criteria.

CONSENT MOTIONS “That the City of Oshawa proclaim:

September 24 to 28, 2007 as ‘Learn @ Work Week’; September 26, 2007 as ‘Maple Leaf Day’; September 30 to October 6, 2007 as ‘Mental Illness Awareness Week’;

November 16, 2007 as ‘Louis Riel Commemoration Day’ and the Métis Flag be flown at City Hall on that day; November 17 to 24, 2007 as ‘YMCA World Peace Week’; and, November 18 to 25, 2007 as ‘Restorative Justice Week’.” (CARRIED – See Page 463)

“That Item 10 of Table B in Schedule ‘A’ of By-law 1-2006 be amended by replacing the name ‘Walter Drury’ in Column 2 with the name ‘Craig W. Smith’ and replacing the word ‘Internship’ in Column 4 with the number ‘35316’; and,


That Table C in Schedule ‘A’ of By-law 1-2006 be amended by adding Item 21 and inserting in Column 1 the appointment of ‘Inspector’, in Column 2 the name ‘Frank Devereaux’, in Column 3 the title ‘Fire Prevention Inspector’, and in Column 4 the number ‘22071’.” (CARRIED – See Page 463) “That By-law 101-83 be amended by deleting from Schedule ‘A’ the name ‘Walter Drury’ and adding the name ‘Craig W. Smith’.” (CARRIED – See Page 463) “Whereas Project Black Ribbon for Mental Health’s black ribbon signifies the complexity of issues that mental illness imposes on people and society every day; Whereas the black ribbon signifies that mental health issues know no boundary, and mental health issues affect people of every race, religion, religious creed, political opinion, colour or ethnicity, national or social origin, gender, marital status, or physical ability; Whereas the black ribbon signifies the stigma often associated with mental illness and the need to eradicate ignorance regarding mental illness by raising public awareness and advocating for public policies that are responsive to the needs of people with mental health problems; Now therefore be it resolved, that Council support Project Black Ribbon for Mental Health and request support from neighbouring municipalities; and, Be it further resolved, that Council adopt the Corporation of the Township of Nairn and Hyman Resolution to support municipalities for distribution of ribbons on behalf of Project Black Ribbon for Mental Health; and, Be it further resolved, that a copy of this motion is sent to the attention of the following: The Honourable Jim Flaherty, MP 701 Rossland Road East Unit 204 Whitby, ON L1N 8Y9

John O’Toole, MPP 75 King Street East Bowmanville, ON L1C 1N4

Colin Carrie, MP Lord Simcoe Place 57 Simcoe St S, Suite 2B Oshawa, ON L1H 4G4

The Corporation of the Township of Nairn and Hyman 64 McIntyre Street Nairn Centre, ON P0M 2L0

Jerry Ouellette, MPP 170 Athol Street East Oshawa, ON L1H 1K1.” (CARRIED – See Page 463)


BY-LAWS “That By-laws 106-2007 to 110-2007 be approved.” 106-2007 A By-law to amend Zoning By-law 60-94.

(Implements direction of September 24, 2007 through Item 9 of the Thirtieth Report of the Development Services Committee to lift the ‘h-48’ holding provisions on lands located at the southeast corner of Conlin Road East and Simcoe Street North, Wellington Capital Corporation.) (CARRIED – See Page 463) (Ward 7)

107-2007 A By-law to amend Zoning By-law 60-94.

(Implements direction of September 24, 2007 through Item 8 of the Thirtieth Report of the Development Services Committee to lift the ‘h-17’ holding provisions on lands located at 419 King Street West (Oshawa Centre), Ivanhoe Cambridge Inc. and OMERS Realty Corporation. (CARRIED – See Page 463) (Ward 2)

108-2007 A By-law to amend the Building By-law. (Implements direction of September 24, 2007 through Council Resolution pursuant to the Building Code Act, 1992, to provide for the appointment of building inspectors by amending Schedule ‘A’ by replacing the name ‘Walter Drury’ in Column 2 with the name ‘Craig W. Smith’ and replacing the word ‘Internship’ in Column 4 with the number ‘35316’, and by adding the name ‘Frank Devereaux’, as ‘Fire Prevention Inspector’, ‘22071’.) (CARRIED – See Page 463) (All Wards)

109-2007 A By-law to amend By-law 101-83. (Implements direction of May 17, 2004, May 24, 2005, and September 24,

2007 through Item 9 of the Seventeenth Report, Item 10 of the Sixty-fourth Report, and Council Resolution, respectively, pursuant to the Municipal Act and the Police Services Act to provide for the appointment of by-law enforcement officers by deleting from Schedule ‘A’ the name ‘Walter Drury’ and by adding to Schedule ‘A’ the names ‘Kevin Van Vaals’, ‘John Foote’ and ‘Craig W. Smith’.) (All Wards) (CARRIED – See Page 463)

110-2007 A By-law to amend Council’s Procedural By-law 126-75. (Implements direction of September 4, 2007 through Item 9 of the Twelfth Report of the Finance and Administration Committee to expand Council’s summer recess to include the month of July and to incorporate a March Break.) (All Wards) (CARRIED – See Page 463)


DISCUSSION AGENDA MATTERS EXCLUDED FROM CONSENT AGENDA Councillor Henry temporarily left the meeting. Moved by Councillor Parkes, seconded by Councillor Pidwerbecki, (525) “That Council adopt Item 19 of the Thirtieth Report of the Development Services Committee.” CARRIED Councillor Henry re-entered the meeting. Moved by Councillor Parkes, seconded by Councillor Henry, (526) “That Council adopt Item 21 of the Thirtieth Report of the Development Services Committee.” CARRIED Moved by Councillor Kolodzie, seconded by Councillor Cullen, (527) “That Council adopt Item 9 of the Twenty-first Report of the Community Services Committee.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Henry, Kolodzie, Lutczyk, Neal, Parkes, Pidwerbecki, Sholdra and Mayor Gray NEGATIVE – None Absent – Councillors Marimpietri and Nicholson Moved by Councillor Kolodzie, seconded by Councillor Cullen, (528) “That Council adopt Item 11 of the Twenty-first Report of the Community Services Committee.” REFERRED BY THE FOLLOWING MOTION Moved by Councillor Kolodzie, seconded by Councillor Cullen, (529) “That Item 11 of the Twenty-first Report of the Community Services Committee be referred to the Finance and Administration Committee.” CARRIED AFFIRMATIVE – Councillors Cullen, Henry, Lutczyk, Parkes and Sholdra NEGATIVE – Councillors Kolodzie, Neal, Pidwerbecki and Mayor Gray Absent – Councillors Marimpietri and Nicholson Moved by Councillor Pidwerbecki, seconded by Councillor Cullen, (530) “That Council adopt Item 2 of the Thirteenth Report of the Strategic Initiatives Committee.” CARRIED


Moved by Councillor Parkes, seconded by Councillor Sholdra, (531) “That Council adopt Report CM-07-54 concerning the Regent Theatre.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Henry, Kolodzie, Lutczyk, Neal, Parkes, Sholdra and Mayor Gray NEGATIVE – Councillor Pidwerbecki Absent – Councillors Marimpietri and Nicholson NOTICES OF MOTION None. CONFIRMING BY-LAW Moved by Councillor Parkes, seconded by Councillor Pidwerbecki, (532) “That the Confirming By-law be approved.” CARRIED 111-2007 A By-law to confirm the City Council meeting of September 24, 2007. ADJOURN Moved by Councillor Cullen, seconded by Councillor Henry, (533) “That the meeting adjourn.” CARRIED The meeting adjourned at 8:40 p.m.

APPENDIX A CITY COUNCIL MINUTES

September 24, 2007 For your information, the following correspondence received by the City Clerk was filed following City Council’s meeting of September 24, 2007: 1. Bill Longworth forwarding correspondence opposing Oshawa’s change from a

ward-based system of election to a general vote system of election. (All Wards) (CARRIED – See Page 463)

2. Bill Longworth forwarding correspondence to the Minister of Municipal Affairs and

Housing requesting Oshawa Council’s by-law implementing a general vote system of election be invalidated as it was enacted through an undemocratic process by an uninformed public. (All Wards) (CARRIED – See Page 463)

3. Office of the Prime Minister, P. Monteith, Executive Correspondence Officer,

acknowledging receipt of the Oshawa Council’s resolution concerning the Vehicle Efficiency Incentive Program and advising copies have been forwarded to the Minister of Transport, Infrastructure and Communities, and the Minister of Natural Resources. (All Wards) (CARRIED – See Page 463)

4. Town of Ajax, Martin de Rond, Director of Legislative & Information

Services/Town Clerk, forwarding their Heritage Property Tax Rebate By-law 132-2005 to the Regional Municipality of Durham requesting Regional Council reconsider the adoption of a Heritage Property Tax Rebate By-law to establish a program to provide tax reductions or refunds to assist in the preservation of eligible heritage properties throughout Durham Region. (All Wards) (CARRIED – See Page 463)

5. Office of the Prime Minister, L. A. Lavell, Executive Correspondence Officer,

acknowledging receipt of Oshawa Council’s resolution requesting the Federal Government amend the 1994 moratorium on post office closures to include Oshawa, and advising he is certain the Minister of Transport, Infrastructure and Communities will have appreciated learning of Oshawa Council’s views. (Ward 2) (CARRIED – See Page 463)

oshawa city council minutes – september 24, 2007 page...

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