declarations of pecuniary interest confidential...

OSHAWA CITY COUNCIL MINUTES – JUNE 22, 2009 Page 331 Minutes of a meeting of the Council of the City of Oshawa held in the Bobby Orr Lounge, Civic Auditorium Complex, 99 Thornton Road South on June 22, 2009 at 1:10 p.m. Mayor Gray and Councillors Cullen (left at 5:47 p.m.), Henry, Lutczyk, Marimpietri (left at 2:36 p.m.), Neal, Nicholson, Parkes, Pidwerbecki (left at 5:07 p.m.), and Sholdra were present. Councillor Kolodzie was absent. Mayor Gray presided. Mayor Gray advised the purpose of this meeting was to consider various Committee of the Whole Reports. DECLARATIONS OF PECUNIARY INTEREST Councillor Marimpietri made a declaration of pecuniary interest concerning Report CM-09-37 concerning Rental Housing Around UOIT and Durham College as he has family that lives in the area referenced in the report and left the meeting during discussion of the item and did not vote on the item. CONFIDENTIAL COMMITTEE OF THE WHOLE REPORTS 1. Bob Duignan, City Manager, submitting Report CM-09-31 concerning Durham

Consolidated Courthouse Project – Status (All Wards)

Recommendation (CARRIED – See Page 335)

1. That the Mayor and Clerk be authorized to execute settlement documents with Infrastructure Ontario regarding a pending delay claim and claim for unanticipated site development costs in general accordance with Attachment 1 to Report CM-09-31 dated June 17, 2009 and that the final document be acceptable to the City Manager and in a form and content satisfactory to the City Solicitor and external legal counsel;

2. That the City Manager report back in Fall 2009 on the status of the

Durham Consolidated Courthouse; and 3. That the Mayor and City Manager continue to pursue the Province for

additional cost sharing and reduced municipal obligations in respect to the Durham Consolidated Courthouse.

City Council Minutes - 332 - June 22, 2009 2. Bob Duignan, City Manager, submitting Report CM-09-34 concerning Oshawa

Harbour (Ward 1)


1. That the Mayor and Clerk be authorized to execute the Letter of Intent and Communications Protocol regarding the Oshawa Harbour generally in accordance with Attachments 1 and 2 to Report CM-09-34 dated June 17, 2009 subject to the documents being satisfactory to the City Manager and City Solicitor;

2. That the City Manager and Commissioner, Development Services be

designated as the City’s contacts and negotiators with federal representatives on the Port and Harbour; and further that Council approve the City’s final position on any and all issues;

3. That the City Manager and Commissioner, Development Services report

to Council in Committee of the Whole in September 2009, and not less than every second Council meeting thereafter, to receive any necessary direction from Council on the status of negotiations;

4. That the Mayor be designated as the City’s communications contact for

the purposes of carrying out the provisions of the communications protocol; and

5. That the City Solicitor and Davies Howe Partners proceed as

recommended respecting Ontario Superior Court of Justice action, Court File No. 06-CV-315034 PD1.

3. David Potts, City Solicitor, submitting Report CM-09-38 concerning Oshawa

(City) v. Death et al. with respect to Ontario Court of Appeal’s Dismissal of Landlords’ Appeal and Landlords’ Application for Leave to Appeal to Supreme Court of Canada (Ward 7)

Recommendation (TABLED – See Page 350)

1. That the City Solicitor be authorized to oppose the landlords’ application

for leave to appeal to the Supreme Court of Canada against the judgment of the Ontario Court of Appeal in Oshawa (City) v. Death et al. (Court of Appeal File No. C49460); and

2. That the City Solicitor be authorized to undertake such actions as he

considers appropriate in respect of the application for leave to appeal and that he report to Council periodically.

City Council Minutes - 333 - June 22, 2009 Moved by Councillor Pidwerbecki, seconded by Councillor Sholdra, (401) “That Council go into closed session to discuss matters related to Report CM-09-31 concerning the status of the Durham Consolidated Courthouse Project, exempt from disclosure under section 239 of the Municipal Act, 2001, as amended, pursuant to potential litigation and legal advice that is subject to solicitor-client privilege; and, Oshawa Harbour exempt from disclosure under section 239 of the Municipal Act, 2001, as amended, pursuant to a proposed acquisition/disposition of land, potential litigation and legal advice that is subject to solicitor-client privilege; and, concerning Judge Howden’s decision on student rental housing, exempt from disclosure under section 239 of the Municipal Act, 2001, as amended, pursuant to legal advice that is subject to solicitor-client privilege.” CARRIED All Council members were present for closed meeting discussions except Councillor Kolodzie. Also present were M. Pringle, Acting City Clerk, B. Duignan, City Manager, T. Hodgins, Commissioner, Development Services Department, R. Stockman, Commissioner, Corporate Services Department, S. Bertoia, Commissioner, Community Services Department, R. Foster, Auditor General, D. Potts, City Solicitor and K. Bressan, Council Meeting Co-ordinator. All members of the public left the meeting except Franklin Holtforster, MHPM Project Managers Inc., Tom McIelwain, Golder Associates Ltd., and John Campman, Miller Thompson LLP. Moved by Councillor Lutczyk, seconded by Councillor Marimpietri, (402) “That Council go into Committee of the Whole.” CARRIED Closed meeting discussions were held. Franklin Holtforster, MHPM Project Managers Inc. and Tom McIelwain, Golder Associates Ltd., and John Campman, Miller Thompson LLP left the meeting. Closed meeting discussions continued. Moved by Councillor Lutczyk, (403) “That Report CM-09-31 be amended by adding ‘4. That the Mayor and City Manager be directed to negotiate as directed.’.” TABLED BY THE FOLLOWING MOTION Moved by Councillor Pidwerbecki, (404) “That the proposed amendment to Report CM-09-31 concerning the Durham Consolidated Courthouse Project be tabled.” CARRIED Moved by Councillor Lutczyk, (405) “That Council rise from the closed meeting and report.” CARRIED

City Council Minutes - 334 - June 22, 2009 Closed Meeting Summary Report 1 of 2 The following is a summary of the first closed portion of the meeting: Council members questioned the City Manager concerning Report CM-09-31 related to the status of the Durham Consolidated Courthouse Project. Closed meeting discussions took place concerning Report CM-09-31 related to the status of the Durham Consolidated Courthouse Project. Council members questioned Franklin Holtforster, MHPM Project Managers Inc., Tom McIelwain, Golder Associates Ltd., and John Campman, Miller Thompson LLP, concerning Report CM-09-31 related to the status of the Durham Consolidated Courthouse Project. Closed meeting discussions continued concerning Report CM-09-31 related to the status of the Durham Consolidated Courthouse Project. A motion to amend Report CM-09-31 providing direction to staff was tabled. Councillor Sholdra temporarily left the meeting. Franklin Holtforster, MHPM Project Managers Inc. and Tom McIelwain, Golder Associates Ltd., and John Campman, Miller Thompon LLP left the meeting. Council members questioned the City Manager concerning Report CM-09-34 related to Oshawa Harbour. Closed meeting discussions continued concerning Report CM-09-34 related to Oshawa Harbour. Councillor Sholdra re-entered the meeting. Closed meeting discussions continued. Councillor Parkes temporarily left and re-entered the meeting. Councillor Neal temporarily left and re-entered the meeting. Closed meeting discussions continued. This concludes the Closed Meeting Summary Report 1 of 2.

City Council Minutes - 335 - June 22, 2009 Moved by Councillor Pidwerbecki, (406) “That Council adopt the recommendation contained in Report CM-09-31 concerning the Status of the Durham Consolidated Courthouse Project.” CARRIED Moved by Councillor Cullen, (407) “That the meeting recess.” CARRIED The meeting recessed at 2:36 p.m. and reconvened at 2:43 p.m. All Council members were present except Councillors Cullen, Kolodzie, Marimpietri and Sholdra.

PUBLIC AGENDA DELEGATION REQUESTS 1. The following delegation requests were received concerning Report CM-09-37

related to Rental Housing around UOIT and Durham College:

1. David Bray, Windfields Farm Community Association 2. Jeff Gauthier 3. Ken Syrett 4. Emil Hanzelka, Cedar Valley Home Owners Association 5. Richard Forkun 6. Barbara Suen 7. Debbie Nickerson 8. Amy England, President, Student Association, UOIT/Durham College 9. Mareen Sooriyakumar 10. Julie Liard 11. Scott Arbuckle 12. Paul Vrana, Homeowners of North Oshawa 13. John Kennedy, Tribute Communities

Moved by Councillor Neal, (408) “That Delegation Requests Item 1 concerning Report CM-09-37 related to Rental Housing around UOIT and Durham College be heard.” CARRIED 2. Cyndie Sproul, Chair, Oshawa Accessibility Advisory Committee, requesting to

address City Council concerning Motion CM-09-33 related to the Proposed Accessibility Plan, 70 King Street East, Genosha Redevelopment (2199957 Ontario Inc.). (Ward 5)

3. Richard Senechal and Richard Summers requesting to address City Council

concerning Motion CM-09-33 related to the Proposed Accessibility Plan, 70 King Street East, Genosha Redevelopment (2199957 Ontario Inc.). (Ward 5)

City Council Minutes - 336 - June 22, 2009 Moved by Councillor Neal, (409) “That Delegations Requests Items 2 and 3 concerning Motion CM-09-33 related to the Proposed Accessibility Plan, 70 King Street East, Genosha Redevelopment (2199957 Ontario Inc.) be heard.” CARRIED CORRESPONDENCE REQUESTS 1. Mr. and Mrs. Neal Weaver requesting Council act in accordance with Judge

Howden’s decision concerning Report CM-09-37 related to Rental Housing around UOIT and Durham College. (Ward 7)

2. Mark and Pam Chappell requesting Council accept Judge Howden’s decision

concerning Report CM-09-37 and enforce its By-laws related to Rental Housing around UOIT and Durham College. (Ward 7)

3. Brian and Donna Forder requesting Council accept Judge Howden’s decision


4. Lori and John Forbes requesting Council accept Judge Howden’s decision


ADDITIONAL CORRESPONDENCE Correspondence was received from the following individuals concerning Report CM-09-37 related to Rental Housing around UOIT and Durham College:

1. Melanie Brown 2. Mike and Tracy Lyons 3. Ken Syrett 4. Kevin Brimble 5. Andree and Gilles Poirier 6. Robert and Karen Allen 7. Brian and Betty Jane Coles 8. Rick and Sherry Bennett 9. Joe and Dawn Pilkington 10. George and Jean Franklin 11. Michelle and Harry Goslin 12. Larry and Janice McCabe 13. Harry and Susan Shearer 14. Jeff Rogers

City Council Minutes - 337 - June 22, 2009

15. John J. Driscoll 16. Emil Hanzelka 17. Russell and Margaret Erman 18. Rhoda Wales 19. Bev Douglas-Hecker 20. Jeff Gauthier

Moved by Councillor Neal, (410) “That Correspondence Requests Items 1 to 4 and Additional Correspondence Items 1 to 20 concerning Report CM-09-37 related to Rental Housing around UOIT and Durham College be referred to Report CM-09-37.” CARRIED David Bray addressed City Council in opposition to the recommendation contained in Report CM-09-37 related to Rental Housing around UOIT and Durham College and requested immediate enforcement of City By-laws. Councillor Cullen re-entered the meeting. Council members questioned David Bray. Jeff Gauthier addressed City Council in opposition to Judge Howden’s decision related to Rental Housing around UOIT and Durham College stating any action to enforce existing City By-laws related to Rental Housing around UOIT and Durham College would be far-reaching and exclusionary. Councillor Sholdra re-entered the meeting. Ken Syrett addressed City Council in opposition to the recommendation contained in Report CM-09-37 related to Rental Housing around UOIT and Durham College and requested immediate enforcement of City By-laws. Emil Hanzelka addressed City Council in opposition to the recommendation contained in Report CM-09-37 related to Rental Housing around UOIT and Durham College and requested City Council support residents and voting taxpayers by enforcing municipal by-laws concerning lodging houses in R1 zoning and close the convicted homes. Council members questioned Emil Hanzelka. Richard Forkun was not in attendance to address City Council. Barbara Suen addressed City Council in opposition to the recommendation contained in Report CM-09-37 related to Rental Housing around UOIT and Durham College and requested immediate enforcement of City By-laws, and supported a limit of four lodging units or bedrooms.

City Council Minutes - 338 - June 22, 2009 Debbi Nickerson addressed City Council in opposition to the recommendation contained in Report CM-09-37 related to Rental Housing around UOIT and Durham College and requested immediate enforcement of City By-laws. Council members questioned Debbi Nickerson. Any England was not in attendance to address City Council. Mareen Sooriyakumar was not in attendance to address City Council. Julie Liard was not in attendance to address City Council. Scott Arbuckle was not in attendance to address City Council. Paul Vrana addressed City Council in opposition to the recommendation contained in Report CM-09-37 related to Rental Housing around UOIT and Durham College stating evacuation and relocation is not a solution, and described the decision-making process as unaccountable. Paul Vrana stated landlords want to comply with the law but do not have the information they need to comply and urged Council to use zoning as a tool to meet changing needs in the area around Simcoe Street and Conlin Road. John Lisus, Solicitor, on behalf of John Kennedy, Tribute Communities, addressed City Council concerning Rental Housing around UOIT and Durham College in support of the recent decision from the Ontario Court of Appeal and returning the neighbourhoods around UOIT and Durham College to their original intent with a pragmatic approach, expressing that Windfields supports the temporary licensing of four bedrooms in R-1 areas around UOIT and Durham College with a view to purpose-built student housing in the future. Council members questioned John Lisus. Councillor Pidwerbecki assumed the Chair during questioning. Mayor Gray temporarily left the meeting. Mayor Gray re-entered the meeting and resumed the Chair. Councillor Pidwerbecki temporarily left the meeting.

City Council Minutes - 339 - June 22, 2009 Moved by Councillor Nicholson, “That the order of the agenda be altered to consider Motion CM-09-39 concerning Proposed Accessibility Plan, 70 King Street East, Genosha Redevelopment (2199957 Ontario Inc.) prior to hearing Delegation Requests 2 and 3.” LOST (Required a 2/3 vote of members present) Councillor Parkes temporarily left the meeting. Cyndie Sproul, Chair, Oshawa Accessibility Advisory Committee (OAAC), addressed City Council concerning Motion CM-09-39 related to a Proposed Accessibility Plan, 70 King Street East, Genosha Redevelopment (2199957 Ontario Inc.) advising of the number of hours spent reviewing the accessibility design standards with the owners and architect and stated the OAAC supports Council delegating the authority to approve the Genosha Redevelopment’s Accessibility Plan to the Commissioner of Development Services Department or his delegate, Chief Building Official and Councillor Cullen. Councillor Parkes re-entered the meeting. Council members questioned Cyndie Sproul. Councillor Sholdra temporarily left the meeting. Councillor Pidwerbecki re-entered the meeting. Richard Senechal, Partner, Summers & Company, and Vince Plouffe, Architect, Barry-Bryan Associates Ltd., addressed City Council concerning Motion CM-09-39 related to the Proposed Accessibility Plan, 70 King Street East, Genosha Redevelopment (2199957 Ontario Inc.) and advised they have intentions to be in business for the 2010 season. Richard Senechal advised they have met with the Oshawa Advisory Accessibility Committee for several hours and there are outstanding design features that affect project costs. Richard Senechal advised the project will meet or exceed Ontario Building Code standards, adding there are limitations on what can be renovated and constructed concerning the 80-year old building. Council members questioned Richard Senechal and Vince Plouffe. Councillor Sholdra re-entered the meeting. Moved by Councillor Nicholson, (411) “That Council alter the order of the agenda to bring forward Report CM-09-37 concerning Rental Housing around UOIT and Durham College.” CARRIED ON A 2/3 VOTE OF MEMBERS PRESENT

City Council Minutes - 340 - June 22, 2009 3. Bob Duignan, City Manager, submitting Report CM-09-37 concerning Rental

Housing Around UOIT and Durham College (All Wards)

Recommendation (See Page 341) 1. That Report CM-09-37 dated June 17, 2009 be received for information.

2. a) That the Development Services Department be authorized to

initiate the process under the Planning Act to amend the Oshawa Official Plan (including the Samac Secondary Plan and Windfields Part II Plan as necessary) and Temporary Use By-law which would permit on a temporary basis for a period until April 30, 2010 in the residential rental licensing area a lodging house permitting not more than 6 lodging units/bedrooms provided the bedrooms were lawfully constructed as of June 1, 2009; and

b) That the public meeting and any related meetings be held by

Council at special meetings to be scheduled by Mayor Gray as soon as possible, subject to notice requirements, during the summer recess.

3. That in the event the Official Plan Amendment and Temporary Use By-law

are adopted, consequential amendments to the Residential Rental Licensing By-law be adopted.

4. That UOIT and Durham College be strongly encouraged, with any

assistance available from the Student Associations, to immediately consider and implement additional on-campus student housing so as to provide appropriate student housing to relieve pressure on the adjacent neighbourhoods and to recognize the City’s intent to enforce its zoning by-laws which may restrict rental accommodation in the low density areas.

5. That UOIT, Durham College and the City, with any assistance and support

available from the Student Associations, establish a strategy to:

a) Promote and encourage the development of new rental units on appropriately pre-zoned land in the area surrounding UOIT/Durham College;

b) Advise students of vacancies in apartment buildings in other parts

of the City and the excellent transit service available; and c) Promote on the UOIT and Durham College websites and any other

material only those rental units in the licensing area which have licenses and, accordingly, have had requisite inspections in respect to health, life/safety etc.


6. That staff prepare a comprehensive student housing strategy for Fall 2009 for scoped review with the Student Housing Task Force and subsequent presentation to Council through the Development Services Committee.

7. That the re-scoped role, responsibilities and reporting relationship of the

Student Housing Task Force set out in Report CM-09-37 dated June 17, 2009 be endorsed.

Moved by Councillor Parkes, (412) “1. That Report CM-09-37 dated June 17, 2009 be received for information.

2 a) That the Development Services Department be authorized to initiate the process under the Planning Act to amend the Oshawa Official Plan (including the Samac Secondary Plan and Windfields Part II Plan as necessary) and Temporary Use By-law which would permit on a temporary basis for a period until April 30, 2010 in the residential rental licensing area a lodging house permitting not more than 4 lodging units/bedrooms provided the bedrooms were lawfully constructed as of June 1, 2009 and that the community return to its planned function by April 30, 2011; and,

b) That the public meeting and any related meetings be held by

Council at special meetings to be scheduled by Mayor Gray as soon as possible, subject to notice requirements, during the summer recess.

3. That in the event the Official Plan Amendment and Temporary Use By-law

are adopted, consequential amendments to the Residential Rental Licensing By-law be adopted.

4. That UOIT and Durham College be strongly encouraged, with any

assistance available from the Student Associations, to immediately consider and implement additional on-campus student housing so as to provide appropriate student housing to relieve pressure on the adjacent neighbourhoods and to recognize the City’s intent to enforce its zoning by-laws which may restrict rental accommodation in the low density areas.

5. That UOIT, Durham College and the City, with any assistance and support

available from the Student Associations, establish a strategy to:

a) Promote and encourage the development of new rental units on appropriately pre-zoned land in the area surrounding UOIT/Durham College;


b) Advise students of vacancies in apartment buildings in other parts of the City and the excellent transit service available; and

c) Promote on the UOIT and Durham College websites and any other

material only those rental units in the licensing area which have licenses and, accordingly, have had requisite inspections in respect to health, life/safety etc.

6. That staff prepare a comprehensive student housing strategy for Fall 2009

for scoped review with the Student Housing Task Force and subsequent presentation to Council through the Development Services Committee in Fall 2009.” PARTS 1 AND 2 (a) LOST, PART 2(b) and 3 WITHDRAWN, PARTS 4 AND 6 CARRIED, PART 5 CARRIED AS AMENDED

Councillor Cullen temporarily left the meeting.

Moved by Councillor Neal, (413) “That Part 2 be amended by adding: ‘2(c) That the City retain and enforce its R-1 zoning in the area that is currently zoned R-1 around the University.’.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Henry, Lutczyk, Neal, Nicholson, Parkes, Pidwerbecki, Sholdra and Mayor Gray NEGATIVE – None Absent – Councillors Cullen, Kolodzie and Marimpietri Councillor Pidwerbecki left the meeting. Moved by Councillor Nicholson, (414) “That Part 2(a) be amended by adding the words: ‘and were not deemed to be illegal lodging houses in a court of law’ following the words ‘June 1, 2009’.” CARRIED Councillor Cullen re-entered the meeting. Moved by Councillor Nicholson, (415) “That Part 5 be amended by adding: ‘(d) Extend the Code of Conduct to off-campus student activities and take immediate action against those who breach the Code of Conduct.’.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Henry, Lutczyk, Neal, Nicholson, Parkes, Sholdra and Mayor Gray NEGATIVE – None

City Council Minutes - 343 - June 22, 2009 Absent – Councillors Kolodzie, Marimpietri and Pidwerbecki Moved by Councillor Nicholson, (416) “That the motion be amended by adding: ‘7. That the re-scoped role, responsibilities and reporting relationship of the Student Housing Task Force set out in Report CM-09-37 dated June 17, 2009 be endorsed.’.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Henry, Nicholson, Sholdra and Mayor Gray NEGATIVE – Councillors Lutczyk, Neal and Parkes Absent – Councillors Kolodzie, Marimpietri and Pidwerbecki Moved by Councillor Neal, “That Part 2 be amended by adding: ‘(d) That all homes that fall under the Temporary Use By-law be fully accessible to the terms of the Oshawa Accessibility Advisory Committee.’.” LOST Moved by Councillor Cullen, (417) “That the proposed amendment to add Part 2(d) to the motion be referred to the Oshawa Accessibility Advisory Committee for comment.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Henry, Lutczyk, Neal, Sholdra and Mayor Gray NEGATIVE – Councillors Nicholson and Parkes Absent – Councillors Kolodzie, Marimpietri and Pidwerbecki The motion was divided upon request to vote on each part separately. The vote on Part 1 LOST ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Henry, Nicholson and Mayor Gray NEGATIVE – Councillors Lutczyk, Neal, Parkes and Sholdra Absent – Councillors Kolodzie, Marimpietri and Pidwerbecki The vote on Part 2 (a) LOST ON THE FOLLOWING VOTE AFFIRMATIVE – Councillor Parkes and Mayor Gray NEGATIVE – Councillors Cullen, Henry, Lutczyk, Neal, Nicholson and Sholdra

City Council Minutes - 344 - June 22, 2009 Absent – Councillors Kolodzie, Marimpietri and Pidwerbecki Parts 2 (b), (c) and Part 3 were WITHDRAWN as they were now deemed redundant as Part 2(a) of the motion lost. The vote on Part 4 CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Henry, Lutczyk, Neal, Nicholson, Parkes, Sholdra and Mayor Gray NEGATIVE – None Absent – Councillors Kolodzie, Marimpietri and Pidwerbecki The vote on Parts 5 a) to d) CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Henry, Lutczyk, Neal, Nicholson, Parkes, Sholdra and Mayor Gray NEGATIVE – None Absent – Councillors Kolodzie, Marimpietri and Pidwerbecki The vote on Part 6 CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Henry, Lutczyk, Neal, Nicholson, Parkes, Sholdra and Mayor Gray NEGATIVE – None Absent – Councillors Kolodzie, Marimpietri and Pidwerbecki The vote on Part 7 CARRIED. Moved by Councillor Cullen, (418) “That the order of the agenda be altered to bring forward Motion CM-09-39 concerning Proposed Accessibility Plan, 70 King Street East, Genosha Redevelopment (2199957 Ontario Inc.).” CARRIED ON A 2/3 VOTE OF MEMBERS PRESENT

City Council Minutes - 345 - June 22, 2009 6. Tom Hodgins, Commissioner, Development Services, submitting

Motion CM-09-39 concerning Proposed Accessibility Plan, 70 King Street East, Genosha Redevelopment (2199957 Ontario Inc.) (Ward 5)

Recommendation (See Page 346) Whereas in November 2008 Council approved a number of financial incentives for Genosha Redevelopment’s proposed apartment development at 70 King Street East subject to Council approving an accessibility plan with input from the Oshawa Accessibility Advisory Committee (OAAC) and that this plan be implemented and maintained; and, Whereas on June 11, 2009 the OAAC resolved to advise Council that the Genosha Redevelopment’s proposed accessibility plan should be changed in respect to a number of matters; and, Whereas Attachment 1 is a chart outlining the Genosha Redevelopment’s proposed accessibility plan and the OAAC’s position on the items in the plan; and, Whereas the OAAC has recommended the application of several components of the Oshawa Accessibility Design Standards (OADS) and the OAAC and Genosha Redevelopment have not reached a consensus on these matters; and, Whereas the application of the Oshawa Accessibility Design Standards (OADS) for retrofit buildings is quite complex and requires, in accordance with the Oshawa Accessibility Design Standards (OADS), a consideration of whether the standard is feasible in a retrofit situation; and, Whereas Council may wish to adjudicate the deficiencies between the developer and the OAAC or may wish to delegate the adjudication to senior staff and a member of Council; and, Whereas Genosha Redevelopment needs a timely decision on its accessibility Plan in order to complete its working drawings and construction; Therefore it is recommended that Council consider one of the following 2 options and proceed accordingly: (a) Hear delegations from the OAAC and Developer and render a Council

decision on the Genosha Redevelopment’s Accessibility Plan including direction on the items that the OAAC and Genosha Redevelopment have failed to reach a consensus on as indicated in Attachment No. 1;

or


(a) Council delegate the authority to approve the Genosha Redevelopment’s Accessibility Plan to the Commissioner of Development Services or his delegate, Chief Building Official and Councillor Cullen;

(b) And that the delegated adjudication panel hear from the OAAC and the

Developer, as required, and render its delegated decision to the OAAC and Genosha Redevelopment no later than July 20, 2009.

Moved by Councillor Cullen, (419) “That Council adopt the recommendation contained in Motion CM-09-39 and proceed with Option 2.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Cullen, Henry, Lutczyk, Neal, Nicholson, Parkes, Sholdra and Mayor Gray NEGATIVE – None Absent – Councillors Kolodzie, Marimpietri and Pidwerbecki ADDITIONAL MOTIONS/CORRESPONDENCE Moved by Councillor Cullen, (420) “Whereas staff, in accordance with Council direction, has drafted a ‘Legislative Toolkit for Accessibility’ that outlines legislation that the City can use to advance accessibility, current use of the legislation and potential future use of the legislation; and, Whereas input is required from the OAAC prior to the finalization of the ‘Toolkit’, establishment of the recommended priorities for future work and presentation to Council and OAAC’s agenda has been completely taken up with other Provincially or Council mandated priorities such as its Corporate Accessibility Plan, Customer Service Policies and Procedures and Accessibility Plan for the Genosha Hotel redevelopment; That the ‘Legislative Toolkit for Accessibility’ be provided to Council in Fall 2009 following additional input from the OAAC.” CARRIED Moved by Councillor Nicholson, (421) “That the meeting recess.” CARRIED The meeting recessed at 5:47 p.m. and reconvened at 6:02 p.m. All Council members were present following the recess except Councillors Cullen, Kolodzie, Marimpietri, Parkes and Pidwerbecki.

City Council Minutes - 347 - June 22, 2009 COMMITTEE OF THE WHOLE REPORTS 1. Bob Duignan, City Manager, submitting Report CM-09-32 concerning Managing

the City’s Federally and Provincially Funded Infrastructure Projects (All Wards)

Recommendation (CARRIED – See Page 347) 1. That pursuant to Report CM-09-32 dated June 17, 2009, Council endorse

the City Manager’s decision to single source the engagement of AECOM to provide program management services for City projects awarded federal and provincial funding;

2. That given the aggressive timelines established by the federal government

for completing approved projects, the Purchasing By-law be waived and the City Manager in consultation with the City’s Auditor General be authorized to single source those services required to deliver and complete infrastructure projects funded by the federal and provincial governments in an amount not to exceed the available funding; and

3. That the City Manager provide a written report to Council on a regular, as

needed basis beginning in September 2009 on the status of the infrastructure funding applications and the design and delivery of any federally and provincially funded infrastructure projects.

Moved by Councillor Lutczyk, (422) “That Council adopt the recommendations contained in Report CM-09-32 concerning Managing the City’s Federally and Provincially Funded Infrastructure Projects.” CARRIED 2. Bob Duignan, City Manager, submitting Report CM-09-36 concerning General

Motors Centre Quarterly Performance Update (All Wards)


That Report CM-09-36 ‘General Motors Centre Quarterly Performance Update’ dated June 18, 2009 be received for information.

Moved by Councillor Nicholson, (423) “That Council adopt the recommendation contained in Report CM-09-36 concerning General Motors Centre Quarterly Performance Update.” CARRIED

City Council Minutes - 348 - June 22, 2009 4. Bob Duignan, City Manager, submitting Report CM-09-29 concerning Fire

Services Program Review Status Update (All Wards)

Recommendation (CARRIED – See Page 348) 1. That Report CM-09-29 dated June 3, 2009 and appended Program

Review Status Update sheets be received for information; and 2. That funding requirements for updating the Master Fire Plan be referred to

the 2010 budget. Moved by Councillor Nicholson, (424) “That Council adopt the recommendation contained in Report CM-09-29 concerning Fire Services Program Review Status Update.” CARRIED 5. Tom Hodgins, Commissioner, Development Services, submitting

Report CM-09-33 concerning Municipal Review of Draft Environmental Assessment Reports for Proposed New Nuclear at Darlington (All Wards)

Recommendation (CARRIED – See Page 349) 1. That, pursuant to report CM-09-33, dated June 17, 2009, the Purchasing

By-law be waived to allow the Commissioner, Development Services to engage, on a single source basis, a consulting team at the sole expense of Ontario Power Generation to peer review certain draft reports prepared by OPG in support of the New Nuclear at Darlington EA including:

Land Use Existing Environmental Conditions Technical Support

Document (TSD); Traffic and Transportation Existing Environmental Conditions TSD; Socio-Economic Environment Existing Environmental Conditions TSD; Land Use Assessment of Environmental Effects TSD; Traffic and Transportation Assessment of Environmental Effects TSD; Socio-Economic Environment Assessment of Environmental Effects

TSD; and, Emergency Planning and Preparedness TSD;

2. That the Mayor and Clerk be authorized to execute a confidentiality

agreement with Ontario Power Generation, as described in Report CM-09-33, dated June 17, 2009, given that Ontario Power Generation will release currently confidential material to the City and its consultant as part of the municipal peer review process; and,

3. That the Commissioner, Development Services report back to Council in

Committee of the Whole on the results of the municipal peer review and


any comments proposed to be submitted to Ontario Power Generation on the proposed New Nuclear at Darlington EA.

Moved by Councillor Nicholson, (425) “That Council adopt the recommendation contained in Report CM-09-33 concerning Municipal Review of Draft Environmental Assessment Reports for Proposed New Nuclear at Darlington.” CARRIED Moved by Councillor Lutczyk, (426) “That the rules of procedure be waived to introduce a motion concerning the campaign to bring the rock band KISS to Oshawa.” CARRIED ON A 2/3 VOTE OF MEMBERS PRESENT Moved by Councillor Lutczyk, (427) “That Council authorize an expenditure in the amount of $1,400 toward expenses incurred concerning the campaign to bring the rock band KISS to Oshawa.” CARRIED Councillor Parkes re-entered the meeting. Moved by Councillor Henry, (428) “That the rules of procedure be waived to introduce the Fourteenth Report of the Finance and Administration Committee.” CARRIED ON A 2/3 VOTE OF MEMBERS PRESENT Report of the Finance and Administration Committee The Finance and Administration Committee respectfully reports and recommends to City Council its Fourteenth Report 1. Broadcast Booth at General Motors Centre (FA-09-172) (All Wards)

Recommendation That staff investigate dedicating the broadcast booth at the General Motors Centre by naming it the ‘Gordon G. Garrison Broadcast Centre’.

Moved by Councillor Henry, (429) “That Council adopt the Fourteenth Report of the Finance and Administration Committee.” CARRIED Moved by Councillor Nicholson, “That the rules of procedure be waived to introduce a motion related to an additional band being invited to perform at the Canada Day celebration at Lakeview Park.” LOST (Required a 2/3 vote of members present)

City Council Minutes - 350 - June 22, 2009 Moved by Councillor Parkes, (430) “That Council go into closed session to discuss matters related to Report CM-09-34 concerning Oshawa Harbour exempt from disclosure under section 239 of the Municipal Act, 2001, as amended, pursuant to a proposed acquisition/disposition of land, potential litigation and advice that is subject to solicitor-client privilege; and, concerning Report CM-09-38 related to Oshawa (City) v. Death et al. with respect to Ontario Court of Appeal’s Dismissal of Landlords’ Appeal and Landlords’ Application for Leave to Appeal to Supreme Court of Canada to June 29, 2009 exempt from disclosure under section 239 of the Municipal Act, 2001, as amended, pursuant to potential litigation and advice that is subject to solicitor-client privilege.” CARRIED All Council members were present for closed meeting discussions except Councillors Cullen, Kolodzie, Marimpietri and Pidwerbecki. Also present were M. Pringle, Acting City Clerk, B. Duignan, City Manager, T. Hodgins, Commissioner, Development Services Department, R. Stockman, Commissioner, Corporate Services Department, S. Bertoia, Commissioner, Community Services Department, R. Foster, Auditor General and K. Bressan, Council Meeting Co-ordinator. All members of the public left the meeting. Closed meeting discussions were held. Moved by Councillor Nicholson, (431) “That Report CM-09-38 concerning Oshawa (City) v. Death et al. with respect to Ontario Court of Appeal’s Dismissal of Landlords’ Appeal and Landlords’ Application for Leave to Appeal to Supreme Court of Canada be tabled to June 29, 2009 when the City Solicitor is present.” CARRIED Closed meeting discussions continued. Moved by Councillor Sholdra, (432) “That Council rise from the closed meeting and report.” CARRIED Closed Meeting Summary Report 2 of 2 The following is a summary of the second closed portion of the meeting: Council members discussed with the City Manager Report CM-09-38 related to Oshawa (City) v. Death et al. with respect to Ontario Court of Appeal’s Dismissal of Landlords’ Appeal and Landlords’ Application for Leave to Appeal to Supreme Court of Canada. A motion to table Report CM-09-38 related to Oshawa (City) v. Death et al. with respect to Ontario Court of Appeal’s Dismissal of Landlords’ Appeal and Landlords’ Application for Leave to Appeal to Supreme Court of Canada to June 29, 2009 was presented and carried.

City Council Minutes - 351 - June 22, 2009 Council members questioned the City Manager concerning Report CM-09-34 related to Oshawa Harbour. This concludes Closed Meeting Summary Report 2 of 2. Moved by Councillor Sholdra, (433) “That Council adopt the recommendation contained in Report CM-09-34 concerning the Oshawa Harbour.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Henry, Lutczyk, Nicholson, Parkes, Sholdra and Mayor Gray NEGATIVE – None Absent – Councillors Cullen, Kolodzie, Marimpietri and Pidwerbecki Due to a clerical error, Councillor Neal was omitted from the recorded vote, but he did not bring it to the Clerk’s attention until after the meeting. Moved by Councillor Lutczyk, (434) “That Council rise from Committee of the Whole.” CARRIED Moved by Councillor Lutczyk, seconded by Councillor Nicholson, (435) “That Council ratify all actions taken in Committee of the Whole.” CARRIED CONFIRMING BY-LAW Moved by Councillor Parkes, seconded by Councillor Nicholson, (436) “That the Confirming By-law be passed.” CARRIED 62–2009 A By-law to confirm the City Council meeting of June 22, 2009. ADJOURN Moved by Councillor Nicholson, seconded by Councillor Neal, (437) “That the meeting adjourn.” CARRIED The meeting adjourned at 6:27 p.m.

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