march 17, 2014 council minutes - oshawaapp.oshawa.ca/agendas/city_council/2014/2014... · that...

OSHAWA CITY COUNCIL MINUTES – March 17, 2014 09

Minutes of a meeting of the Council of the City of Oshawa held in the Council Chamber at 3:30 p.m.

Mayor Henry and Councillors Aker, Bouma, Diamond, England, Marimpietri, Neal, Pidwerbecki, Sanders and Wood were present. Councillor Chapman was absent.

Mayor Henry presided.

DECLARATIONS OF PECUNIARY INTEREST

None. (Also See Page 112)

PRESENTATIONS

None.

DELEGATIONS/DELEGATION REQUESTS

Delegations

None.

Delegation Requests (2/3 vote required)

None.

CORRESPONDENCE REQUESTS

None.

ADDITIONAL AGENDA-RELATED CORRESPONDENCE

None.

CLOSED CONSENT AGENDA

Moved by Councillor Diamond, seconded by Councillor England, (136) “That all items listed under the heading of Closed Consent Agenda for the March 17, 2014 Council meeting be adopted as recommended except Item 1 of the Forty-first Report of the Corporate Services Committee.” CARRIED

CONFIDENTIAL CORRESPONDENCE

Correspondence

None.

300

City Council Minutes - 110 - March 17, 2014 CONFIDENTIAL COMMITTEE REPORTS

Report of the Development Services Committee

The Development Services Committee respectfully reports and recommends to City Council its Sixty-Fifth Report.

1. Disposal Strategy for City-Owned Lands on Taunton Road East Between 480 and 496 Taunton Road East (DS-14-11)

Recommendation (CARRIED – See Page 109)

That pursuant to Confidential Report DS-14-11 dated March 3, 2014, staff execute the disposal strategy for the City-owned lands between 480 and 496 Taunton Road East (legally described as Parts 1 and 2, Plan 40R-23989) that were declared surplus to municipal requirements in 2005.

2. Disposal Strategy for City-Owned Lands on Harmony Road North, North and South of Missom Gate (DS-14-49)


That pursuant to Confidential Report DS-14-49 dated March 3, 2014, staff execute the disposal strategy for the City-owned lands on Harmony Road North on both sides of Missom Gate (legally described as Parts 1 and 6, Plan 40R-27300) that were declared surplus to municipal requirements in 2010.

Report of the Corporate Services Committee

The Corporate Services Committee respectfully reports and recommends to City Council its Forty-first Report.

1. Liability for Improper Disclosure of Confidential Information (CORP-14-30)


That Report CORP-14-30 dated February 18, 2014, ‘Liability for Improper Disclosure of Confidential Information’ be referred to an Education Session of Council to be held in open session.

Report of the Community Services Committee

None.

Report of the Finance Committee

None.

301

City Council Minutes - 111 - March 17, 2014 COMMITTEE OF THE WHOLE REPORTS

None.

MOTIONS

None.

CLOSED DISCUSSION AGENDA

MATTERS EXCLUDED FROM CLOSED CONSENT AGENDA

Moved by Councillor Diamond, seconded by Councillor England , (137) “That pursuant to Section 239(f) of the Municipal Act, 2001, as amended, this meeting be closed to the public in order to receive legal advice related to Item 1 of the Forty-first Report of the Corporate Services Committee.” CARRIED ON THE FOLLOWING VOTE

AFFIRMATIVE – Councillors Aker, Bouma, Diamond, England, Marimpietri, Neal, Pidwerbecki, Sanders and Mayor Henry

NEGATIVE – Councillor Wood

Absent – Councillor Chapman

All Council members were present for closed meeting discussions except Councillor Chapman. Also present were S. Kranc, City Clerk, R. Browning, City Manager, D. Potts, City Solicitor, N. Pincombe, Director, Finance Services/Treasurer, T. Hodgins, Commissioner, Development Services Department, J. Sharma, Commissioner, Community Services Department and K. Bressan, Council Meeting Coordinator. All members of the public left the meeting.

Closed meeting discussions took place.

Moved by Councillor Aker, seconded by Councillor Bouma, (138) “That Council rise from the closed meeting and report.” CARRIED

Closed Meeting Report

The following is a summary of the closed portion of the meeting:

Closed meeting discussions were held concerning Item 1 of the Forty-first Report of the Corporate Services Committee related to the recommendation that a public education session concerning liability for improper disclosure of confidential information be held.

Council members questioned the City Solicitor and the City Solicitor provided legal advice.

Council members questioned the City Manager.

This concludes the closed meeting summary report.

302

City Council Minutes - 112 - March 17, 2014 Moved by Councillor Bouma, seconded by Councillor Sanders, (139) “That Council adopt the recommendation contained in Item 1 of the Forty-first Report of the Corporate Services Committee.” CARRIED ON THE FOLLOWING VOTE




MATTERS TABLED

None.

Moved by Councillor Diamond, seconded by Councillor Neal, (140) “That the meeting recess.” CARRIED

The meeting recessed at 3:57 p.m. and reconvened at 6:30 p.m. All Council members were present following the recess except Councillor Chapman.

PUBLIC AGENDA

ANNOUNCEMENTS FROM COUNCIL MEMBERS

Various announcements were made relating to activities and events.

DECLARATIONS OF PECUNIARY INTEREST

Councillor Neal made a declaration of pecuniary interest concerning two of the motions listed under Notices of Motion Previously Given, and Additional Correspondence Items 3, 4 and 6 as they refer to the Oshawa Power and Utilities Corporation, and Correspondence Receive and File Item 19 as it refers to the Ontario Energy Board as his wife is employed by Oshawa P.U.C. Networks Inc. and he did not participate in discussion or voting on the items.

PRESENTATIONS

Regional Councillor John Aker received the Government of Ontario Long-standing Service Award for more than 25 years of service in helping to build strong communities in Ontario.

303

City Council Minutes - 113 - March 17, 2014 DELEGATIONS/DELEGATION REQUESTS

Delegations

1. Rosemary McConkey requesting to address City Council in opposition to the recommendation in Item 2 of the Sixty-fourth Report of the Development Services Committee concerning a proposed declaration of surplus to municipal requirements of City-owned lands at 485 and 501 Normandy Street.

2. Rosemary McConkey requesting to address City Council in opposition to the recommendation in Item 2 of the Seventh Report of the Finance Committee concerning the impact of the property tax burden on the residents of Oshawa.

Rosemary McConkey addressed City Council in opposition to the recommendation in Item 2 of the Sixty-fourth Report of the Development Services Committee proposing the declaration of surplus to municipal requirements City-owned lands at 485 and 501 Normandy Street. Rosemary McConkey referred to a recent Development Services Committee meeting and concluded that Councillor Bouma should declare a conflict of interest on the matter as he is a Remax Real Estate Broker. Rosemary McConkey stated the City has owned the property since the 1960s and she is concerned with the disposition as she sees great value in the City owning it and suggested Council consider leasing it instead of selling it. Rosemary McConkey objected to the City advertising the property as a ‘potential’ sale in the newspaper, felt the property had been mismanaged and recommended development of a policy for the disposition and acquisition of real estate.

Council members questioned Rosemary McConkey.

Councillors Bouma and England temporarily left the meeting.

Rosemary McConkey addressed City Council in opposition to the recommendation in Item 2 of the Seventh Report of the Finance Committee to receive for information her correspondence concerning the impact of the property tax burden on the residents of Oshawa. Rosemary McConkey expressed that local government trivializes the impact of property tax increases on residents such as comparing the increase to the cost of a donut a week, and read a letter from a previous resident of Columbus who reluctantly moved due to the unaffordability of property tax increases. Rosemary McConkey stated labour costs are 70% to 80% of the City’s budget and the City’s collective bargaining agreement should be negotiated prior to approving the budget. Rosemary McConkey suggested Council go after the real savings, not be satisfied with gapping and negotiate a 1% less labour increase to save $1 million. Rosemary McConkey stated Council might be proud of its 1.4% tax increase in 2014 but damage has been done over the past two or three decades through a severely flawed collective bargaining process.

Councillor England re-entered the meeting during the delegation.

Council members questioned Rosemary McConkey.

Councillor Bouma re-entered the meeting.

304

City Council Minutes - 114 - March 17, 2014 Delegation Requests (requires 2/3 vote)

1. Lou DeVuono requesting to address City Council concerning the release of Report AG-13-09 referred to under Notices of Motion Previously Given.

Moved by Councillor Aker, seconded by Councillor Bouma, (141) “That Lou DeVuono be heard.” CARRIED ON THE FOLLOWING 2/3 VOTE OF MEMBERS PRESENT

AFFIRMATIVE – Councillors Aker, Bouma, Diamond, England, Marimpietri, Neal, Pidwerbecki, Sanders, Wood and Mayor Henry

NEGATIVE – None


Lou DeVuono addressed City Council concerning the motion to release Report AG-13-09 listed under Notices of Motion Previously Given stating, not releasing the confidential attachments to the report has caused irreparable damage and it is imperative that they come forward to the public. Lou DeVuono criticized the report on the investigation of the accusations contained in Report AG-13-09 as having no real framework, being incomplete and directed. Lou DeVuono felt that Council’s handling of Report AG-13-09 was the cause of confrontation between citizens, City security and police at the September 3, 2014 Council meeting. He advised he has appeared before the Police Services Board to request Mayor Henry step down as a member due to his complicity or a conflict of interest related to that confrontation. Lou DeVuono expressed concern that City staff was involved in arranging undercover police at the September 3, 2014 Council meeting and that staff had undisclosed information about the former Auditor General prior to Council’s decision to not extend his contract.

Council members questioned Lou DeVuono.

Moved by Councillor Diamond, seconded by Councillor England, (142) “That Doug Anderson, President, DurhamCLEAR be heard.” CARRIED ON A 2/3 VOTE OF MEMBERS PRESENT

Doug Anderson, President, DurhamCLEAR addressed City Council concerning the National Energy Board’s (N.E.B.) approval of Enbridge’s application to add diluted bitumen and to reverse and increase its Line 9b oil pipeline flow, requesting Oshawa Council join the Councils of Ajax, Whitby, and Clarington and the Works Committee at the Region by endorsing the proposed motion in response to the weak conditions the N.E.B. applied to the approval of Enbridge’s application. Doug Anderson advised he attended the N.E.B. hearings as an intervenor and concluded the failure of pipelines are inevitable based on their design and standards of maintenance. Doug Anderson advised the current Line 9b pipeline was built in 1975 and has had 12 acknowledged leaks in 38 years. Doug Anderson provided a map showing the wall thickness of the Line 9b pipeline showing it gets progressively thinner as it travels east through Durham Region and is 1/4 inch where a minimum 3/8 inch wall thickness is recommended due to several branches of the Oshawa Creek, and other watercourses and wetlands that the pipeline crosses in Durham Region, expressing that pipelines can be built to not leak by using

305

City Council Minutes - 115 - March 17, 2014 thicker steel as no leaks appeared where the pipe is 3/8 inches in thickness. Doug Anderson stated the Province of Ontario has been silent since the N.E.B. ruling but he would like Durham Region municipalities to continue to pursue the Province’s request to the N.E.B. for individual environmental assessments and the implementation of the seven conditions the Province proposed, and to request the Province use its influence to have Enbridge designate the entire width of Durham a 'high consequence area' and upgrade Line 9b within a reasonable timeframe.

Council members questioned Doug Anderson.

CORRESPONDENCE REQUESTS

1. DurhamCLEAR, Doug Anderson, President requesting Oshawa Council consider Enbridge’s application to add diluted bitumen and to reverse and increase their Line 9 oil pipeline flow and pass a resolution similar to the draft provided by DurhamCLEAR supporting the seven conditions set out by the Province as the acceptable minimum for the National Energy Board’s (N.E.B.) approval of the project and urging the Province to undergo a full environmental assessment if the N.E.B. decision does not require Enbridge to substantially fulfil all seven conditions; and, urging the Province to designate the entire width of Durham Region as a ‘high consequence area’ due to the high concentration of water and people, and the pipeline be strengthened accordingly; and, further, requesting an appropriate time to address City Council and explain the background and provide new information on this matter.

Moved by Councillor Diamond, seconded by Councillor England, (143) “Whereas Line 9 is a high pressure oil pipeline that crosses the full width of Durham Region, and Enbridge has applied to the National Energy Board (N.E.B.) for permission to:

1. reverse its flow so that it carries crude oil from North Westover to Montreal; and,

2. increase its flow from 240,000 barrels to 300,000 barrels per day; and,

3. include diluted bitumen to the classes of petroleum it can carry; and,

Whereas the Letters of Comment were submitted to the N.E.B. expressing the concerns of the Region of Durham, the Towns of Ajax and Whitby, as well as private individuals and organizations; and,

Whereas the Province of Ontario also expressed its concern in its submission to the N.E.B. and set out seven minimum conditions that they felt should be imposed before the N.E.B. approved Enbridge's application:

1. a hydrostatic test of the Line;

2. an independent third party review of the risk and engineering assessments submitted by Enbridge;

3. insurance coverage of $1 billion;

306

City Council Minutes - 116 - March 17, 2014

4. that Enbridge incorporate vulnerable areas and source protection plans into their high consequence area and environmentally sensitive area maps;

5. that these vulnerable areas be incorporated into its emergency response plan;

6. conduct emergency response exercises annually with all municipalities who want them; and,

7. publish an annual report on Line 9, including information about maintenance, spills and integrity testing; and,

Whereas the N.E.B. issued its ruling on March 6 and this ruling allows Enbridge to proceed with the project subject to conditions which inadequately address the concerns expressed by the Ontario government or by Durham municipalities in their Letters of Comment; and,

Whereas, in the course of the Line 9 hearing process, it was revealed that Durham Region has the highest concentration of watercourse crossings along the entire pipeline, which, with inadequate emergency response times of between 1.5 and 4 hours, puts Durham Region communities, citizens, businesses and natural environment at increased risk in the event of a pipeline spill; and,

Whereas an analysis of the pipe thicknesses at the location of the 12 acknowledged leaks on Line 9b reveals that 7 of those leaks occurred where the thickness was 0.25 inches, 3 of those leaks occurred where the thickness was 0.281 inches, and 2 occurred where the thickness was .312 inches and none occurred where the thickness was 3/8 inches (.375 inches) or more; and,

Whereas further analysis has revealed that 97.2% of the pipeline in Durham is either 0.25 or 0.281 inches thick; and,

Whereas the City of Oshawa has no regulatory authority over this pipeline;

Therefore be it resolved that the City of Oshawa supports the seven conditions set out by the Province of Ontario, and requests the Province of Ontario require the project undergo an Individual Environmental Assessment; and,

Be it further resolved that due to the high concentration of watercourses and wetlands that the pipeline crosses in Durham Region and our rapidly increasing population, the City of Oshawa requests the Province of Ontario to use its influence to have Enbridge designate the entire width of Durham a 'high consequence area' and to upgrade the line within a reasonable timeframe to minimum 9.5mm (3/8 inches) wall thickness; and,

307

City Council Minutes - 117 - March 17, 2014 Further that this resolution be forwarded to Ontario Premier Kathleen Wynne, Energy Minister Bob Chiarelli, and Environment Minister Jim Bradley, local MPPs and Opposition Critics; and, with copies to: The National Energy Board, Federal Minister of Natural Resources Joe Oliver, Federal Environment Minister Leona Aglukkaq, Enbridge, local M.P.s, and Durham municipalities along the pipeline route.” CARRIED ON THE FOLLOWING 2/3 VOTE OF MEMBERS PRESENT


NEGATIVE – None


Moved by Councillor Neal, seconded by Councillor England, (144) “That the meeting recess.” CARRIED The meeting recessed at 8:43 p.m. and reconvened at 9:00 p.m. All Council members were present following the recess except Councillor Chapman.

2. City of Regina, Mayor Michael Fougere inviting the City of Oshawa to participate in the 2014 Mayor’s Poetry City Challenge in recognition of UNESCO’s World Poetry Day on March 21st and National Poetry Month, and forwarding guidelines and a factsheet and advising that participants will be promoted in the national and local media as part of National Poetry Month and in writing networks in Canada and the United States; and further, requesting City Council proclaim March 21, 2014 as ‘World Poetry Day’ and April 2014 as ‘National Poetry Month’ in the City of Oshawa.

Moved by Councillor Diamond, seconded by Councillor England, (145) “That the City of Oshawa participate in the 2014 Mayor’s Poetry City Challenge and proclaim March 21, 2014 as ‘World Poetry Day’ and April 2014 as ‘National Poetry Month’ in the City of Oshawa; and, the Mayor be authorized to expend up to $300 from an appropriate account as determined by Finance Services.” CARRIED

3. Association of Municipalities of Ontario (AMO) advising on February 27, 2014 M.P.P.s from all parties supported a motion calling on the Government to reform joint and several liability and currently the Ministry of the Attorney General is consulting municipalities and the legal community on a comprehensive long-term solution; and further, advising AMO supports going forward with the option of the Combined model which combines the Saskatchewan model and the Multiplier model; and, requesting municipalities submit their support for the Combined model to the Ontario government by April 16, 2014 in a form similar to the draft letter provided.

Moved by Councillor Diamond, seconded by Councillor England, (146) “Whereas on January 27, 2014, the City of Oshawa passed a resolution on joint and several liability reform supporting M.P.P. Randy Pettapiece’s Private Member’s Bill calling for the provincial government to ‘protect taxpayers from higher property taxes by implementing a comprehensive, long-term solution to reform joint and several liability insurance for municipalities by no later than June 2014, addressing the alarming rise in insurance premiums due to rising litigation and claim costs’; and, Whereas on February 27, 2014, MPPs from all parties supported a motion calling on the provincial government to reform joint and several liability; and

308

City Council Minutes - 118 - March 17, 2014 Whereas the Ministry of the Attorney General is currently consulting municipalities and the legal community on a comprehensive long-term solution; and,

Whereas the Ministry of the Attorney General is considering three models:

• The Saskatchewan model – Where there is a shortfall due to one defendant being insolvent and the plaintiff’s own negligence contributed to the harm, the shortfall is to be divided among the remaining defendants and the plaintiff in proportion to their fault.

• The Multiplier model – In road authority cases (auto accident cases in which a municipality is sued for breach of duty to maintain a public road), where there is a shortfall due to one defendant being insolvent, the municipality would never be liable for more than two times its proportion of damages, even if this means that a plaintiff does not fully recover.

• The Combined model – This model combines both the Saskatchewan model and the Multiplier model. In a road authority case involving contributory negligence on the part of the plaintiff – the Saskatchewan model would be applied first. The Multiplier model would be applied if needed to ensure that the municipality would not be liable for more than two times its proportion of damages; and,

Whereas the Association of Municipalities Ontario (A.M.O.) supports the government’s initiative to reform joint and several liability and advocates the adoption of the Combined model, which would place some reasonable limits on the damages that may be recovered under limited circumstances; and,

Whereas A.M.O. is requesting municipalities submit a letter to the provincial government by April 16, 2014 in support of joint and several liability reform and the adoption of the Combined model;

Therefore be it resolved that the City endorse the position of the Association of Municipalities Ontario (A.M.O.) and the Mayor be authorized to send a formal letter to the Premier of Ontario, the Attorney General, and the Minister of Municipal Affairs and Housing supporting joint and several liability reform, the adoption of the Combined model and encouraging the government to proceed immediately with legislation that gives effect to this model.” CARRIED ON THE FOLLOWING VOTE


NEGATIVE – None


309

City Council Minutes - 119 - March 17, 2014 ADDITIONAL AGENDA-RELATED CORRESPONDENCE

1. DurhamCLEAR, Doug Anderson, President providing a revised potential resolution for Council to consider as the National Energy Board has issued its ruling concerning Enbridge’s requested changes to its Line 9 oil pipeline flow.

(See Correspondence Request Item 1)

2. Tim Bird supporting City Council voting to publicly release the confidential attachments to Report AG-13-09.

Moved by Councillor Diamond, seconded by Councillor England, (147) “That Additional Agenda-Related Correspondence Item 2 from Tim Bird concerning Report AG-13-09 be received for information.” CARRIED ON A 2/3 VOTE OF MEMBERS PRESENT

3. Kathleen Corby-Holmes in support of the Notice of Motion Previously Given regarding O.P.U.C. power outages and expressing concern about the impact of frequent power service interruptions to their home-based business and requesting a full investigation and a method of action to resolve their power service issues.

Moved by Councillor England, seconded by Councillor Sanders, (148) “That Additional Agenda-Related Correspondence Items 3, 4 and 6 concerning power service interruptions be referred to the Notice of Motion Previously Given requesting the O.P.U.C. provide a report on all power outages over five minutes in length.” CARRIED ON THE FOLLOWING 2/3 VOTE OF MEMBERS PRESENT

AFFIRMATIVE – Councillors Aker, Bouma, Diamond, England, Marimpietri, Pidwerbecki, Sanders, Wood and Mayor Henry

NEGATIVE – None

Declaration of Interest – Councillor Neal


4. Christopher Palmer in support of the Notice of Motion Previously Given regarding O.P.U.C. power outages and advising he is experiencing an increase in monthly power outages and supports a motion for a power outage report broken down by area for at least a 12-month term.

(See Resolution 148)

5. Bill Longworth requesting to address City Council opposing proposed By-law 29-2014 to submit a question to the electors.

Moved by Councillor Neal, seconded by Councillor Wood, (149) “That Bill Longworth be heard.” CARRIED ON THE FOLLOWING 2/3 VOTE OF MEMBERS PRESENT

AFFIRMATIVE – Councillors Bouma, Diamond, England, Marimpietri, Neal, Pidwerbecki, Sanders, Wood and Mayor Henry

NEGATIVE – Councillor Aker


310

City Council Minutes - 120 - March 17, 2014 Bill Longworth addressed City Council opposing proposed By-law 29-2014 to submit a question to the electors stating he is not in favour of the question Council approved and he intends to file an objection with the Elections Commissioner. Bill Longworth stated the question is biased as it is not clear whether it refers to Local or Regional Councillors and the majority of Councillors can use this as an argument not to accept the election results. Bill Longworth stated he believes the Council that is going to receive the results of the ballot question is going to argue that the question refers to Local Councillors only. Bill Longworth stated that Councillors have a conflict of interest concerning this question as a general vote makes it easier to get re-elected than a ward vote. Bill Longworth suggested a flyer be delivered to every door in Oshawa describing the general vote and ward vote and referred to his previous delegation quoting $9,500 to distribute such an item to Oshawa households. Bill Longworth stated democracy is as important as the garbage collection calendar which is distributed to each household annually.

Council members questioned Bill Longworth.

6. Amy Johnston in support of the Notice of Motion Previously Given regarding O.P.U.C. power outages and advising their household has experienced several power outages over the past year besides the ice storm outage and supporting an investigation concerning power service interruptions.

(See Resolution 148)

PUBLIC CONSENT AGENDA

The Chair of the Development Services Committee, Councillor Aker, advised that Item 2 of the Sixty-fourth Report of the Development Services Committee has been corrected by adding the following paragraph at the end of the recommendation:

“That staff be directed to discuss and explore options with Habitat for Humanity as requested in their correspondence that is Attachment 5 to said Report.”

Moved by Councillor Pidwerbecki, seconded by Councillor Diamond, (150) “That the rules of procedure be waived to introduce a motion to change the deadline concerning the Property Tax Grant Program for qualifying Low Income Seniors and People with a Disability.” CARRIED ON A 2/3 VOTE OF MEMBERS PRESENT

Moved by Councillor Pidwerbecki, seconded by Councillor Diamond, (151) “Whereas the City of Oshawa offers a Property Tax Grant Program for qualifying Low Income Seniors and People with a Disability; and,

Whereas the current program indicates that applications must be received by February 28th each year to be eligible to receive the grant; and,

Whereas extending the deadline to April 30th would allow seniors and people with a disability the opportunity to determine their eligibility and still qualify for the rebate on the current year’s property taxes; and,

Whereas the 2014 budget of $146,000 for the Property Tax Grant Program for Low Income Seniors and People with a Disability is nearly committed based on the 291 applications received to date; and,

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City Council Minutes - 121 - March 17, 2014 Whereas it is expected that by extending the deadline to April 30th the City will receive additional applications that meet the eligibility requirement;

Therefore be it resolved that the annual deadline for the Property Tax Grant Program for Low Income Seniors and People with a Disability be changed from February 28th to April 30th, that any additional funding required for this program in 2014 be provided from the Corporate Contingency account, and that the 2015 budget be increased accordingly.” CARRIED BY LATER VOTE

Moved by Councillor Marimpietri, seconded by Councillor Wood, “That the motion be amended by adding the words ‘and that qualified caregivers of seniors be able to access the same program’.” LOST BY LATER VOTE

Moved by Councillor Neal, seconded by Councillor Wood, “That the amendment be referred to staff to determine the eligibility requirement of a caregiver.” LOST ON THE FOLLOWING VOTE

AFFIRMATIVE – Councillors England, Marimpietri, Neal and Wood

NEGATIVE – Councillors Aker, Bouma, Diamond, Pidwerbecki, Sanders and Mayor Henry


The amendment that qualified caregivers be able to access the same program LOST ON THE FOLLOWING VOTE

AFFIRMATIVE – Councillors Marimpietri, Neal and Wood

NEGATIVE – Councillors Aker, Bouma, Diamond, England, Pidwerbecki, Sanders and Mayor Henry


The main motion to change the deadline for applications under the Property Tax Grant Program CARRIED ON THE FOLLOWING VOTE


NEGATIVE – None


312

City Council Minutes - 122 - March 17, 2014 Moved by Councillor Diamond, seconded by Councillor England, (152) “That all items listed under the heading of Public Consent Agenda for the March 17, 2014 Council meeting be adopted as recommended except:

Item 2 of the Sixty-third Report of the Development Services Committee; Item 2 of the Sixty-fourth Report of the Development Services Committee; Items 3, 4, 5, 8 and 9 of the Thirty-second Report of the Community Services Committee; and, Items 1 and 6 of the Seventh Report of the Finance Committee.” CARRIED

ADOPTION OF MINUTES

That the minutes of the February 10, 11, 14, 18 and 26, and March 7, 2014 City Council meetings be adopted. (CARRIED – See Page 122)

CORRESPONDENCE

Correspondence – Received and Filed

That correspondence listed in Appendix A to the Public Agenda for the March 17, 2014 Council meeting be received and filed. (CARRIED – See Page 122)

Correspondence

31. NSA Summer Sizzler Series, Doug Wright, Hospitality Coordinator requesting the NSA Summer Sizzler Series slo-pitch tournaments being held at Lakefront West Diamonds, Phillip Murray Avenue, Oshawa on the weekends of May 3 to 4, June 7 to 8, July 5 to 6 and August 16 to 17, 2014 be declared events of municipal significance and be permitted to sell liquor and beer from 11:00 a.m. to 9:00 p.m. on the Saturday dates referred to above and from 11:00 a.m. to 4:00 p.m. on the Sunday dates referred to above


That the NSA Summer Sizzler Series Hospitality Coordinator be advised the City of Oshawa has declared the NAS Summer Sizzler Series slo-pitch tournaments being held on the weekends of May 3 to 4, June 7 to 8, July 5 to 6 and August 16 to 17, 2014 at Lakefront West Diamonds, Phillip Murray Avenue, Oshawa as events of municipal significance and the Alcohol and Gaming Commission be advised the City has no objection to the sale of liquor and beer at the event from 11:00 a.m. to 9:00 p.m. on the Saturday dates referred to above and from 11:00 a.m. to 4:00 p.m. on the Sunday dates referred to above subject to the necessary approvals concerning zoning, health, police, fire protection and licensing requirements.

313

City Council Minutes - 123 - March 17, 2014 32. Darren Martel forwarding an appeal to the Ontario Municipal Board objecting to

the City’s passing of Amendment 165 to the Oshawa Official Plan to re-designate the lands located at the southeast corner of Adelaide Avenue East and Ritson Road North from Industrial to Special Purpose Commercial subject to site specific policies to permit additional types of retail stores on the subject site for Ritson Division Retail CP Limited (Rice Commercial Group)


That the appeal from Darren Martel objecting to the City’s passing of Amendment 165 to the Oshawa Official Plan to re-designate the lands located at the northeast corner of Adelaide Avenue East and Ritson Road North from Industrial to Special Purpose Commercial subject to site specific policies to permit additional types of retail stores on the subject site, be forwarded to staff for a report.

33. Darren Martel forwarding an appeal to the Ontario Municipal Board objecting to the City’s passing of Zoning By-law 20-2014 to amend Zoning By-law 60-94, as amended, to change the zoning for the lands at the northeast corner of Adelaide Avenue East and Ritson Road North by re-zoning Part of Map B2 from GI to SPC-B(4) ‘h-16’ to permit a vehicle oil and lubrication centre and to allow specific permitted commercial uses and to ensure site plan approval, transportation improvements, noise compliance and stormwater management on the lands, Rice Commercial Group


That the appeal from Darren Martel objecting to the City’s passing of Zoning By-law 20-2014 to amend Zoning By-law 60-94, as amended, to change the zoning for the lands at the northeast corner of Adelaide Avenue East and Ritson Road North by re-zoning Part of Map B2 from GI to SPC-B(4) ‘h-16’ to permit a vehicle oil and lubrication centre and to allow specific permitted commercial uses and to ensure site plan approval, transportation improvements, noise compliance and stormwater management on the lands, be forwarded to staff for a report.

Advisory Committee Meeting Minutes

61. Safe City Oshawa Partnership


That the minutes of the Safe City Oshawa Partnership meeting of February 20, 2014 be received for information.

62. Oshawa Accessibility Advisory Committee


That the minutes of the Oshawa Accessibility Advisory Committee meeting of February 25, 2014 be received for information.

314

City Council Minutes - 124 - March 17, 2014 63. Heritage Oshawa


That the minutes of the Heritage Oshawa meeting of February 26, 2014 be received for information.

64. Oshawa Environmental Advisory Committee


That the minutes of the Oshawa Environmental Advisory Committee meeting of March 4, 2014 be received for information.

STANDING COMMITTEE REPORTS


The Development Services Committee respectfully reports and recommends to City Council its Sixty-third Report.

1. Ontario Municipal Board (OMB) Costs Decision Dated February 3, 2014 Regarding Appeals Against Official Plan Amendment 157 and Implementing Zoning By-law Numbers 83-2012 and 84-2012 (OMB File: PL121010) (DS-14-33)


That Correspondence DS-14-33 dated February 3, 2014 from the Ontario Municipal Board, being a decision regarding appeals against Official Plan Amendment 157 and implementing Zoning By-law Numbers 83-2012 and 84-2012, be received for information.

2. Municipal Information Network – News Release from Canada Post Regarding the Release of Guiding Principles for Converting Door-to-Door to Community Mailbox Delivery (DS-14-35)


That Correspondence DS-14-35 from the Municipal Information Network forwarding a news release from Canada Post regarding the release of guiding principles for converting door-to-door to community mailbox delivery, be received for information.

315

City Council Minutes - 125 - March 17, 2014 3. Correspondence from Chris West (DS-14-34)


Whereas the Development Services Committee referred Correspondence DS-13-283 dated November 16, 2013 from Chris West to staff for a report; and,

Whereas staff have contacted the Southwest (Ontario) Economic Alliance to discuss the correspondence and related matters; and,

Whereas the Southwest (Ontario) Economic Alliance and staff have confirmed that the correspondence and related matters are associated with transportation issues specifically in Southwestern Ontario;

Therefore be it resolved that Correspondence DS-13-283 dated November 16, 2013 from Chris West be received for information.

4. Municipal Signage on the Highway 407 East Extension (DS-14-30)


That pursuant to Report DS-14-30 dated February 19, 2014:

1. The Ministry of Transportation of Ontario (M.T.O.) be advised that:

a) The City of Oshawa requests enhanced municipal boundary signage (Option 3) which will include the name ‘Oshawa’, the City’s population, the City’s logo and a welcoming message;

b) The City of Oshawa agrees to pay all costs associated with the manufacturing, installation and maintenance of the enhanced municipal boundary signage; and,

c) The City requests that M.T.O. advise the City (Gary Carroll, Director of Engineering Services) of the process and timelines associated with the City identifying the layout, logo and welcoming message on the enhanced municipal boundary signage; and,

2. That the City Treasurer be directed to include the cost of the enhanced signage in future corporate budgets; and,

3. That staff report back at the appropriate time on the layout of the signage including logo and welcoming message.

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City Council Minutes - 126 - March 17, 2014 5. Updated Cash-in-Lieu of Parkland Dedication Fees (DS-14-18)


That pursuant to Report DS-14-18 dated February 19, 2014, the residential fees and non-residential land values for calculating cash-in-lieu of parkland dedication be updated in accordance with Attachment 3 to said Report, and come into effect on May 1, 2014 for building permit applications that are not deemed complete by the Chief Building Official by that time.

6. Gwen Harvey Submitting Comments Regarding the City-initiated Proposal to Amend the Oshawa Official Plan and Zoning By-law 60-94 Related to Accessory Apartments (DS-14-41)


That Correspondence DS-14-41 dated February 21, 2014 from Gwen Harvey submitting comments regarding the City-initiated proposal to amend the Oshawa Official Plan and Zoning By-law 60-94 related to accessory apartments, be received for information.

7. Durham Region Home Builders’ Association – Accessory Apartments (DS-14-32)


That Correspondence DS-14-32 dated February 6, 2014 from Jennifer Hurd, Durham Region Home Builders’ Association (D.R.H.B.A) President and Anita DeVries, D.R.H.B.A. Executive Officer, submitting comments in support of the City of Oshawa encouraging affordable housing and accessory apartments, be received for information.


The Development Services Committee respectfully reports and recommends to City Council its Sixty-fourth Report.

1. Declaration of City-Owned Lands Between 774 Cambridge Avenue and 782 Cambridge Court as Potentially Surplus (DS-14-39)


That pursuant to Report DS-14-39 dated March 3, 2014, the City-owned lands between 774 Cambridge Avenue and 782 Cambridge Court (legally described as Part 2, Plan 40R-8021) be declared potentially surplus to municipal requirements, save and except a small parcel at the south end to be retained as part of the Cambridge Court road allowance; and that, given the localized nature of the issue, the newspaper advertising requirements of By-law 97-2000 be waived and that notice inviting public input and comment on the declaration be mailed only to the abutting property owners and that the notice also advise that the intent is to convey the City-owned lands to the owner of 774 Cambridge Avenue.

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City Council Minutes - 127 - March 17, 2014 2. Declaration of City-Owned Lands at 485 and 501 Normandy Street as Potentially

Surplus (DS-14-40)

Rosemary McConkey – Request to Address the Development Services Committee Concerning Report DS-14-40’, Declaration of City-Owned Lands at 485 and 501 Normandy Street as Potentially Surplus’ (DS-14-54)


That pursuant to Report DS-14-40 dated March 3, 2014, the City-owned lands at 485 and 501 Normandy Street be declared potentially surplus to municipal requirements and that staff place an ad in each of the two local newspapers providing notice of the declaration and inviting public input and comment; and further that the cost of the ads be funded from the Civic Property Development Reserve.

That staff be directed to discuss and explore options with Habitat for Humanity as requested in their correspondence that is Attachment 5 to said Report.

Report of the Corporate Services Committee

The Corporate Services Committee respectfully reports and recommends to City Council its Forty-second Report.

1. Dale Jodoin - Requesting a Monthly Town Hall Meeting One Hour Before Each Regular Council Meeting (CORP-14-26)


That Correspondence CORP-14-26 from Dale Jodoin requesting a monthly town hall meeting one hour before each regular Council meeting, be received and filed.

2. Rosemary McConkey - Improving Voter Turnout and Use of the Council Chamber (CORP-14-32)


That Correspondence CORP-14-32 from Rosemary McConkey and her subsequent delegation concerning improving voter turnout and use of the Council Chamber, be received for information.

3. Rosemary McConkey - Publishing the Deputy Mayor and Weekend Duty Councillor on the Website (CORP-14-33)


That Correspondence CORP-14-33 from Rosemary McConkey and her subsequent delegation concerning publishing the name of the Deputy Mayor and weekend duty Councillor on the website, be received for information.

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City Council Minutes - 128 - March 17, 2014 4. Debbie Grills – Parking Enforcement During the December Ice Storm

CORP-14-34


That Correspondence CORP-14-34 from Debbie Grills concerning parking enforcement during the December ice storm, be received for information.

5. Notice of Motion - Amendment to Council’s Procedural By-law To Require Council Members to Stand When Speaking (CORP-14-35)


That pursuant to City Council Referral CORP-14-35, the current practice of Members of Council remaining seated while speaking at Council meetings be altered such that, for a trial period from March 2014 to June 23, 2014, if the current microphone system is adequate, a Councillor who has been recognized by the Chair will stand while speaking to an issue.

6. Second Report of Oshawa Environmental Advisory Committee (CORP-14-36)


That CORP-14-36, being Item 1 of the Sixth Report of the Oshawa Environmental Advisory Committee be endorsed.

“1. Absentee Member (OEAC-14-14)

Recommendation

That pursuant to Section 6.3 of the Advisory Committees of Council Policy and Procedure, that Cade LaRen be removed from the Oshawa Environmental Advisory Committee.”

7. MLELS 2013 Q4 and Year-End Statistics CORP-14-28


That Report CORP-14-28 ‘Municipal Law Enforcement and Licensing Services 2013 Fourth Quarter and Year-End Report’ be received for information.

8. Minor Amendments to Taxicab By-law 50-2003 (CORP-14-27)


That City Council pass a by-law to further amend Taxicab Licensing By-law 50-2003, as amended, generally in the form of by-law comprising Attachment 1 to Report CORP-14-27.

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City Council Minutes - 129 - March 17, 2014 9. Amendment to By-law 126-97 (CORP-14-37)


Whereas City By-law 126-97 regulates the discharge of firearms within the City of Oshawa; and,

Whereas it is considered appropriate to prescribe a limited exemption for the lawful discharge of a firearm in relation to certain businesses;

Therefore be it resolved, that By-law 126-97, as amended, be further amended by adding the following exemption as new paragraph 3.02(f): ‘a person who is not prohibited by law from discharging a firearm where the discharge is within a part of a premise that is closed to the public and on land zoned ‘General Industrial’ pursuant to Zoning By-law 60-94, as amended and the discharge is otherwise lawful, necessary for and solely in relation to the lawful manufacture, assembly, repair, restoration, maintenance or alteration of the firearm’.

Report of the Community Services Committee

The Community Services Committee respectfully reports and recommends to City Council its Thirty-second Report.

1. Dale Jodoin – Requesting to Address the Community Services Committee Concerning Fundraising Ideas for the New Waterfront Park (CS-14-26)


That Correspondence CS-14-26 from Dale Jodoin requesting to address the Community Services Committee concerning fundraising ideas for the new waterfront park, and his subsequent delegation concerning the matter, be referred to staff for a direct response and to discuss the existing policies related to commemorative trees and benches.

2. Dale Jodoin – Requesting to address the Community Services Committee Concerning the Placement of a Statue and Plaque at the Lake (CS-14-38)


That Correspondence DS-14-38 from Dale Jodoin requesting to address the Community Services Committee concerning the placement of a statue and plaque at the lake dedicated to the Canadian Navy, and his subsequent delegation concerning the matter, be referred to staff to contact the Oshawa Naval Veterans’ Club to see if there is an opportunity to do something at the harbour.

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City Council Minutes - 130 - March 17, 2014 3. City Council Referral - Request for Weekly Update on All Matters Related to the

199 Wentworth Street Depot Project (CS-14-35)


That pursuant to City Council Referral CS-14-35, being a notice of motion requesting a weekly update on all matters related to the 199 Wentworth Street depot project, that staff be directed to provide updates on milestones related to the depot project on an as-needed basis.

4. Linda Powers Submitting Comments Regarding Oshawa Animal Services and Report CS-14-29, ‘Animal Services 2013 Third and Fourth Quarter Report’ (CS-14-41)

Recommendation (PARTS 1 AND 3 TABLED AND PART 2 REFERRED – See Page 140)

Whereas Correspondence CS-14-41 dated February 21, 2014 from Linda Powers regarding Oshawa Animal Services outlines some concerns from local residents in regards to animal services; and,

Whereas Community Services and staff have made many improvements to the care and welfare of animals but more improvements can be made;

Therefore be it resolved:

1. That future quarterly reports include a breakdown between the number of cats and dogs euthanized; and,

2. That staff make contact with The Animal Guardian Society (TAGS)/Durham Humane Society to see if any partnerships can be created to deal with aggressive animals and report back to Committee if this is feasible and can limit euthanasia rates; and,

3. That percentages and averages be added to the quarterly reports showing the same table as shelter operations.

5. Animal Services 2013 Third and Fourth Quarter Report (CS-14-29)


That Report CS-14-29 ‘Animal Services 2013 Third and Fourth Quarter Report’ be received for information.

6. Floor Allocation Policy (CS-14-27)


That based on Report CS-14-27, the Arena Floor Allocation Policy be approved as presented in Attachment 1 to the Report.

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City Council Minutes - 131 - March 17, 2014 7. Request for the City of Oshawa to Host a Half-Marathon Event on

August 4, 2014 (CS-14-28)


That Report CS-14-28, ‘Request for the City of Oshawa to Host a Half-Marathon Event on August 4, 2014’ be received for information.

8. Utilization of the Remaining Harman Park Arena Project Budget (CS-14-33)


That for reasons stated in Report CS-14-33, ‘Utilization of the Remaining Harman Park Arena Project Budget’, the remaining approved funding of $167,000 available in the Harman Park Arena project be used to fund roof repairs, building security improvements, public address and sound system modifications, and exterior front entrance improvements identified as future works associated with the arena as previously outlined in Report CM-13-34, ‘Harman Park Arena Project – Project Update’.

9. Healthy Kids Community Challenge Grant Application (CS-14-37)

Recommendation (AMENDED – See Page 141)

Whereas municipalities have an opportunity, in collaboration with community partners, to pursue funding from the Healthy Kids Community Challenge Grant Program, through the Ontario Ministry of Health and Long Term-Care; and,

Whereas the development of programs by the municipality and community partners for the Healthy Kids Community Challenge would focus on reducing overweight and obesity and improving healthy behaviours among children and youth related to healthy eating, physical activity and adequate sleep; and,

Whereas Mayor John Henry would act as community champion to build support for a shared vision, facilitate partner engagement and have the ability to inspire and create change; and,

Whereas the value of the grant has not been determined, and the City of Oshawa would have to provide some services in-kind that would not impact the approved operating budget; and,

Whereas the Healthy Kids Community Challenge responds to the goal of Social Equity within the Oshawa Strategic Plan, through the following themes:

• An Inclusive Community

• An Active and Healthy Population

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Whereas the Health Kids Community Challenge also responds to the following goal in the Parks, Recreation and Culture Strategy:

• Goal A - Continue to Enhance the City’s Leadership Role in the Provision of Parks and Recreation Services

Be it resolved that City Council supports the community partner grant application for the Healthy Kids Community Challenge funding.

10. Proposed Parking Regulation Changes on Greta Street (CS-14-24)


1. That based on Report CS-14-24, Traffic By-law 79-99, as amended, be further amended to prohibit stopping from 8:00 a.m. to 4:30 p.m., Monday to Friday, on the north side of Greta Street between Mary Street and Masson Street; and,

2. That a copy of this report be sent to the resident inquirer and Dr. S.J. Phillips Public School.

11. Snow Clearing Assistance Program Zones (CS-14-32)


Whereas on November 15, 2013 Oshawa City Council approved a one-year pilot project to improve the effectiveness of the Snow Clearing Assistance Program by authorizing the Manager, Purchasing Services to issue a bid and award for contracting two snow clearing assistance program zones for the 2013-2014 winter season; and,

Whereas only one compliant bid was received; and,

Whereas staff met with the low bidder to discuss implementation and assign routes, however due to unfortunate timing in the season the bidder abandoned the contract; and,

Whereas due to the current interval of the winter maintenance season it would be too late to re-bid for the 2013-2014 winter maintenance season.

Therefore be it resolved:

1. That the Snow Clearing Assistance Program continue to be operated by City staff for the remainder of the 2013-2014 winter maintenance season; and,

2. That as part of the 2013-2014 review of winter maintenance activities the need for the pilot project be determined for the 2014-2015 winter maintenance season and if recommended that a report be prepared for Council approval.

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City Council Minutes - 133 - March 17, 2014 Report of the Finance Committee

The Finance Committee respectfully reports and recommends to City Council its Seventh Report.

1. Oshawa Folk Arts Council – Requesting the City of Oshawa Place an Advertisement in the Special Publication Celebrating the 40th Anniversary of Fiesta Week (FIN-14-14)


Whereas the City of Oshawa wishes to thank and congratulate the Oshawa Folk Arts Council on the 40th Anniversary of Fiesta Week; and,

Whereas the Council of the City of Oshawa wishes to express the appreciation of our residents for sharing the Oshawa Folk Arts Council’s member communities’ proud history and traditions;

Therefore be it resolved that pursuant to Correspondence FIN-14-14 from Gabriele Albrecht, President, Oshawa Folk Arts Council, Communications and Marketing staff develop an appropriate congratulatory full-page advertisement to be placed in the special souvenir keepsake publication to coincide with Fiesta Week 2014; and,

That the cost of the advertisement, approximately $1,000, be paid from the appropriate advertising or communications account.

2. Rosemary McConkey – Requesting to Address the Finance Committee Concerning the Impact of the Property Tax Burden on the Residents of Oshawa

(FIN-14-18)


That Correspondence FIN-14-18 dated February 18, 2014 from Rosemary McConkey requesting to address the Finance Committee concerning the impact of the property tax burden on the residents of Oshawa, and her subsequent delegation concerning the matter, be received for information.

3. Corporate Payments for the Month of January 2014 (FIN-14-15)


That Report FIN-14-15, dated February 20, 2014 ‘Corporate Payments for the Month of January 2014’, be received for information.

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City Council Minutes - 134 - March 17, 2014 4. Remuneration and Expenses for the Office of the Mayor, Members of Council

and Council Appointees for 2013 (FIN-14-16)


That Report FIN-14-16, dated February 20, 2014 ‘Remuneration and Expenses for the Office of the Mayor, Members of Council, and Council Appointees for 2013’, be received for information.

5. Requests for Waiving of Fees for Oshawa Fire Services, Oshawa Senior Citizens Centres and North Oshawa Lions Club (FIN-14-17)


1. That in accordance with Report FIN-14-17 dated February 20, 2014 the following request for waiving of fees be approved as it meets the Council-approved criteria:

• North Oshawa Lions Club – Dreamvettes Car Show BBQ ($105); and,

2. That notwithstanding the Council-approved criteria, the following requests be approved:

• Oshawa Senior Citizens Spring Into Summer Event ($963.29); • Oshawa Fire Services Camp Bucko Fundraiser ($195).

6. Posting of Final Discretionary Expenses for the Mayor and Councillors (FIN-14-19)


Whereas Council has decided to eliminate expenses as of 2014; and,

Whereas it is important to remain transparent to the public with past expenses; and,

Whereas all expenses can be easily obtained by staff from past quarterly expense reports; and,

Whereas it wouldn’t take much time or effort to list all final expenses by year on the City’s website;

Therefore be it resolved that staff be directed, with the help of IT, to place all final expenses per year, for the Mayor and Councillors, in an easy and accessible document in the Council portion of the website.

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City Council Minutes - 135 - March 17, 2014 7. City of Oshawa’s Comments to the Province on Private Member’s Bill 69 The

Prompt Payment Act, 2013 (FIN-14-20)


Whereas ‘Bill 69, The Prompt Payment Act, 2013, an Act respecting payments made under contracts and sub-contracts in the construction industry,’ received First Reading on May 13, 2013; and,

Whereas subsequently, the Bill was debated in principle, and passed Second Reading on May 16, 2013 and was referred to the Standing Committee on Regulations and Private Bills; and,

Whereas the provincial Standing Committee on Regulations and Private Bills is holding public hearings in Toronto on Wednesday, March 19, 2014 and Wednesday, March 26, 2014 and accepting written comments until March 26, 2014; and,

Whereas the Standing Committee on Regulations and Private Bills can, in considering Bill 69, decide to reject, amend or submit the Bill to a process of public consultations; and,

Whereas Bill 69 explanatory note states that Bill 69 ‘entitles contractors and sub-contractors to receive progress payments and to suspend work or terminate a contract if such payments are not made. It also provides that payments can only be withheld if the payer notifies the payee that a payment application is disapproved or amended within 10 days after it was submitted. Limits are imposed on the amount that can be withheld’; and,

Whereas upon Review of Bill 69, the City of Oshawa has the following concerns:

• Bill 69 requires payers to pay invoices unless the payer can provide written notice of disapproval or amendment including the particulars and costs of a deficiency prior to the expiration of a 10-day review and approval period for each progress payment. Payments are due within 20 days of submitted progress payment application. This time frame does not allow sufficient time for third party payment certifiers such as engineers, consultants, architects, project managers or municipal staff to assess any work deficiencies and certify payments.

• The Bill also seeks to restrict payers’ ability to hold back funds at the end of a construction project to protect the payer from deficiencies or to cover an extended warranty period.

• Bill 69 requires a payer to pay the holdback’s value within one day after it no longer needs to be retained under the Construction Lien Act. This extremely short timeline does not allow municipalities to operate within existing pay-cycles designed and staffed based upon the 30-day payment standard.

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• Under Bill 69, request for progress payment could be based on reasonable estimates for work and materials not yet delivered, as opposed to the current practice where progress payments are based on actual work completed and deficiencies are addressed as a condition of payment.

• Bill 69 states that if a contractor is not paid in accordance with the prescribed time frames, they will be entitled to suspend work or even terminate the contract or sub-contract after seven days written notice of the intention to suspend the work or terminate the contract. This could have a significant impact on project budgets and schedules.

• Bill 69 requires payers to demonstrate financial ability to pay when requested by the contractor. It is not clear how this requirement will be satisfied. Disclosure risks include release of confidential information related not only to the owner’s financial strength, solvency or liquidity, but potential disclosure of confidential, personal or commercial information which could harm construction industry competitiveness and competitive pricing relied upon within municipal procurement processes; and,

Whereas with the significant risk of unintended consequences based on the complexities and diversities of the Ontario construction industry, its participants and a host of public, private, and public-private contracts, the Province should engage in a thorough public consultation process on the issue of payments made under contracts and sub-contracts in the construction industry before any new Acts or changes to the existing Construction Lien Act are contemplated; and,

Whereas the Association of Municipalities of Ontario (AMO), the Ontario Public Buyers Association (OPBA) and Large Urban Mayor’s Caucus of Ontario (LUMCO) have submitted, to the provincial party leaders, their concerns on Bill 69 including:

• Lack of consultation, despite potential impacts to municipalities as construction owners;

• Imposition of limits to owner rights to negotiate freely and ensure payment arrangements are suitable for municipal projects;

• Extremely short timelines which do not allow for adequate review and certification;

• Ability of contractors to ask for payment prior to completion of work;

• Potential for project costs and delays due to suspension of work clauses; and,

• Lack of recognition of complex infrastructure projects;

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Therefore be it resolved that the position of the Association of Municipalities of Ontario (AMO) on Private Member’s Bill 69, the Prompt Payment Act, 2013 be endorsed, the Mayor be authorized to send a formal letter to the Premier, area MPPs, and the Chair, Standing Committee on Regulations and Private Bills, Mr. Tabuns, MPP for Toronto-Danforth outlining the City’s position on Bill 69, and a copy of the letter be forwarded to AMO and the Region of Durham.

8. Oshawa Senior Citizens Centre – Request for Waiving of Fees – Swing Into Summer Event (FIN-14-21)


Whereas the Oshawa Senior Citizens Centres (OSCC) is an external agency of the City of Oshawa and the City has a long history of supporting the OSCC; and,

Whereas the City of Oshawa is the largest funding partner of the OSCC; and,

Whereas the OSCC annually hosts the community Swing into Summer event at Memorial Park in June to kick-off Seniors Month and acknowledge the seniors who continue to make our City a dynamic and vibrant place to live; and,

Whereas the City partners with the OSCC on this event and presents the Senior of the Year Award; and,

Whereas the OSCC submits an annual request to have the permit fees for the use of Memorial Park, hydro fees and associated staff costs waived; and,

Whereas this request meets all of the Council approved criteria except for exceeding the $500 maximum;

Therefore be it resolved that the City waive the permit fees for the use of Memorial Park, hydro fees and associated staff costs for all future OSCC Swing into Summer Events and that this be accommodated within the City’s annual budget for the Waiving of Fees Program.

COMMITTEE OF THE WHOLE REPORTS

1. Jacqueline Long, Director, Human Resource Services submitting Report CM-14-07 concerning an Update Regarding the Recruiting Process for City Manager


That Report CM-14-07 providing an update to Council regarding the status of the recruiting process for the City Manager be received for information.

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City Council Minutes - 138 - March 17, 2014 MOTIONS

“That the City of Oshawa proclaim:

April 6 to 12, 2014 as ‘National Victims of Crime Awareness Week’;

April 20 to 26, 2014 as ‘Community Clean-Up Week’;

April 28, 2014 as the ‘Day of Mourning’ and the Day of Mourning flag be flown for the month of April 2014 at the Day of Mourning Monument and the flags at City Hall be lowered during the ceremony; and,

May 10, 2014 as ‘World Lupus Day’ and October 2014 as ‘Lupus Awareness Month’.” (CARRIED – See Page 122)

“That City Council ratify the proclamation issued on March 5, 2014 proclaiming March 2014 as ‘Red Cross Month’ in the City of Oshawa and the Red Cross flag be flown at City Hall for the remainder of the month.” (CARRIED – See Page 122)

“That City Council ratify the proclamation issued on March 6, 2014 proclaiming March 11, 2014 as ‘World Plumbing Day’ in the City of Oshawa.”

(CARRIED – See Page 122)

BY-LAWS

29-2014 A By-law to submit a question to the electors. (Implements direction of February 26, 2014 through Council Resolution 127 to submit to the electors of the City of Oshawa a question pursuant to the Municipal Elections Act, 1996, as follows: ‘Are you in favour of electing all Oshawa Councillors, other than the Mayor, by ward vote instead of general city-wide vote? YES NO”.) (CARRIED – See Page 122)

31-2014 A By-law to appoint an Accountable Executive for the Oshawa Municipal Airport. (Implements direction of February 18, 2014 through Item 1 of the Sixty-second Report of the Development Services Committee to appoint Thomas B. Hodgins, Commissioner of Development Services as the Accountable Executive for the Oshawa Municipal Airport pursuant to the Canadian Aviation Regulations and, further, that Thomas B. Hodgins be fully indemnified by the City against any personal liability arising out of his good faith execution of his duties as the Accountable Executive.) (CARRIED – See Page 122)

32-2014 A By-law to amend Traffic By-law 79-99, as amended. (Implements direction of March 17, 2014 through Item 10 of the Thirty-second Report of the Community Services Committee to prohibit stopping from 8:00 a.m. to 4:30 p.m., Monday to Friday, on the north side of Greta Street between Mary Street and Masson Street.) (CARRIED – See Page 122)

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City Council Minutes - 139 - March 17, 2014 33-2014 A By-law to amend Taxicab Licensing By-law 50-2003, as amended.

(Implements direction of March 17, 2014 through Item 8 of the Forty-second Report of the Corporate Services Committee to streamline the taxicab licence appeals process by delegating to the Hearings Officer the authority to hear appeals and by delegating to the Director, Municipal Law Enforcement and Licensing Services the authority to grant certain exemptions.) (CARRIED – See Page 122)

34-2014 A By-law to amend Zoning By-law 60-94. (Implements direction of the Commissioner, Development Services Department through Delegation of Authority By-law 29-2009, as amended, to lift the ‘h-58’ holding symbol designation on the R6-C(5) zoning for lands at 1658 Ritson Road North on Part of Maps B3 and B4, to facilitate the development of an apartment building, Mahogany Management.) (CARRIED – See Page 122)

PUBLIC DISCUSSION AGENDA

MATTERS EXCLUDED FROM CONSENT AGENDA

Moved by Councillor Aker, seconded by Councillor Pidwerbecki, (153) “That Council adopt Item 2 of the Sixty-third Report of the Development Services Committee.” CARRIED ON THE FOLLOWING VOTE

AFFIRMATIVE – Councillors Aker, Bouma, Diamond, England, Pidwerbecki, Sanders and Mayor Henry

NEGATIVE – Councillor Marimpietri, Neal and Wood


Moved by Councillor Aker, seconded by Councillor Pidwerbecki, (154) “That Council adopt Item 2 of the Sixty-fourth Report of the Development Services Committee.” CARRIED ON THE FOLLOWING VOTE




Moved by Councillor Bouma, seconded by Councillor Diamond, (155) “That the hour of the meeting be extended past 11:00 p.m.” CARRIED

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City Council Minutes - 140 - March 17, 2014 Moved by Councillor England, seconded by Councillor Pidwerbecki, (156) “That Council adopt Item 3 of the Thirty-second Report of the Community Services Committee.” CARRIED

Moved by Councillor England, seconded by Councillor Pidwerbecki, (157) “That Council adopt Item 4 of the Thirty-second Report of the Community Services Committee.” PARTS 1 AND 3 TABLED; PART 2 REFERRED BY LATER VOTES

Moved by Councillor Sanders, seconded by Councillor England, (158) “That Part 2 of Item 4 of the Thirty-second Report of the Community Services Committee be amended by adding the words ‘and other rescue groups’ following the words ‘Durham Humane Society’.” REFERRED BY LATER VOTE

Moved by Councillor Neal, seconded by Councillor Diamond, (159) “That Item 4 of the Thirty-second Report of the Community Services Committee and the amendment be referred back to staff for clarification. REFERRAL OF PARTS 1 AND 3 LOST AND PART 2 REFERRED BY LATER VOTES

The referral motion was divided upon request to vote on Parts 1 and 3 of Item 4 of the Thirty-second Report of the Community Services Committee separately from Part 2 and its proposed amendment.

The part of the motion to refer Parts 1 and 3 of Item 4 of the Thirty-second Report of the Community Services Committee LOST ON THE FOLLOWING VOTE

AFFIRMATIVE – Councillors Bouma, Diamond, Marimpietri, Neal and Wood

NEGATIVE – Councillors Aker, England, Pidwerbecki, Sanders and Mayor Henry


The part of the motion to refer Part 2 of Item 4 of the Thirty-second Report of the Community Services Committee and its proposed amendment CARRIED ON THE FOLLOWING VOTE

AFFIRMATIVE – Councillors Aker, Bouma, Diamond, Marimpietri, Neal, Pidwerbecki, Sanders, Wood and Mayor Henry

NEGATIVE – Councillor England


Moved by Councillor Bouma, seconded by Councillor Neal, (160) “That Parts 1 and 3 of the Thirty-second Report of the Community Services Committee be tabled until staff reports back on Part 2 and its proposed amendment.” CARRIED ON THE FOLLOWING VOTE

AFFIRMATIVE – Councillors Aker, Bouma, Diamond, Neal, Sanders and Wood

NEGATIVE – Councillors England, Marimpietri, Pidwerbecki and Mayor Henry


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City Council Minutes - 141 - March 17, 2014 Moved by Councillor Bouma, seconded by Councillor Sanders, (161) “That the meeting recess.” CARRIED

The meeting recessed at 11:02 p.m. and reconvened at 11:14 p.m. All Council members were present following the recess except Councillors Chapman and Marimpietri.

Moved by Councillor England, seconded by Councillor Pidwerbecki, (162) “That Council adopt Item 5 of the Thirty-second Report of the Community Services Committee.” CARRIED

Moved by Councillor England, seconded by Councillor Pidwerbecki, (163) “That Council adopt Item 8 of the Thirty-second Report of the Community Services Committee.” CARRIED

Councillor Marimpietri re-entered the meeting.

Moved by Councillor England, seconded by Councillor Pidwerbecki, (164) “That Council adopt Item 9 of the Thirty-second Report of the Community Services Committee.” CARRIED AS AMENDED BY THE FOLLOWING MOTION

Moved by Councillor Diamond, seconded by Councillor Bouma, (165) “That Item 9 of the Thirty-second Report of the Community Services Committee be amended by adding ‘and further, that staff be directed to update the Community Services Committee and Council on a regular, as-needed basis, with particular emphasis on forecasted financial requirements, as well as any exceptional requirements for dedicated staff’.” CARRIED

Item 9 of the Thirty-second Report of the Community Services Committee CARRIED AS AMENDED.

Moved by Councillor Diamond, seconded by Councillor Aker, (166) “That Council adopt Item 1 of the Seventh Report of the Finance Committee.” CARRIED AS AMENDED BY LATER VOTE

Moved by Councillor Pidwerbecki, seconded by Councillor Diamond, (167) “That Item 1 of the Seventh Report of the Finance Committee be amended by replacing ‘$1,000’ with ‘$1,250’.” CARRIED

Item 1 of the Seventh Report of the Finance Committee CARRIED AS AMENDED.

Moved by Councillor Diamond, seconded by Councillor Aker, (168) “That Council adopt Item 6 of the Seventh Report of the Finance Committee.” CARRIED AS AMENDED BY LATER VOTES

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City Council Minutes - 142 - March 17, 2014 Moved by Councillor Aker, seconded by Councillor England, (169) “That Item 6 of the Seventh Report of the Finance Committee be amended by adding the words ‘for the years 2007 to 2013’ following the words ‘expenses per year’.” CARRIED ON THE FOLLOWING VOTE


NEGATIVE – None


Moved by Councillor England, seconded by Councillor Diamond, (170) “That Item 6 of the Seventh Report of the Finance Committee be amended to include the Regional Councillors expenses as available.” CARRIED ON THE FOLLOWING VOTE




Moved by Councillor Neal, seconded by Councillor Marimpietri, (171) “That Item 6 of the Seventh Report of the Finance Committee be amended to add Regional Councillors remuneration including all stipends and allowances.” CARRIED ON THE FOLLOWING VOTE

AFFIRMATIVE – Councillors Aker, England, Marimpietri, Neal, Sanders, Wood and Mayor Henry

NEGATIVE – Councillor Bouma, Diamond and Pidwerbecki


Item 6 of the Seventh Report of the Finance Committee CARRIED AS AMENDED ON THE FOLLOWING VOTE


NEGATIVE – None


MATTERS TABLED

No matters were lifted from the table.

333

City Council Minutes - 143 - March 17, 2014 NOTICES OF MOTION

None.

NOTICES OF MOTION PREVIOUSLY GIVEN

Moved by Councillor Wood, seconded by Councillor Neal, (172) “That the Notice of Motion Previously Given concerning Report AG-13-09 be lifted from the table.” CARRIED ON THE FOLLOWING VOTE


NEGATIVE – None


Moved by Councillor Wood, seconded by Councillor Neal, (173) “That the confidential attachments to Report AG-13-09 be released publicly, subject to compliance with the Municipal Freedom of Information and Protection of Privacy Act including in relation to personal information, third party information, and solicitor/client privilege as may be applicable.” REFERRED BY THE FOLLOWING MOTION

Moved by Councillor Bouma, seconded by Councillor Diamond, (174) “That the Notice of Motion Previously Given concerning the public release of confidential attachments to Report AG-13-09 be referred to the City Solicitor for a written report on the legal implications and risks of releasing the confidential attachments to Report AG-13-09.” CARRIED ON THE FOLLOWING VOTE




Moved by Councillor England, seconded by Councillor Sanders, (175) “Whereas it is important for the public to have relevant information that can help them better understand the management of the O.P.U.C. and the service it offers residents; and,

Whereas there have been a number of power outages over the past year and some power grids have been affected more than others;

Therefore be it resolved that the O.P.U.C. be asked to provide a report on all power outages in each grid which lasted five minutes or more and happened between January 1, 2013 and December 31, 2013.” TABLED BY THE FOLLOWING MOTION

334

City Council Minutes - 144 - March 17, 2014 Moved by Councillor Bouma, seconded by Councillor Diamond, (176) “That the Notice of Motion Previously Given requesting the O.P.U.C. provide a report on area power outages be tabled to the April 7, 2014 City Council meeting.” CARRIED ON THE FOLLOWING MOTION

AFFIRMATIVE – Councillors Aker, Bouma, Diamond, England, Pidwerbecki, Sanders and Mayor Henry

NEGATIVE – Councillors Marimpietri and Wood



Moved by Councillor Marimpietri, seconded by Councillor England, (177) “That Council ask the O.P.U.C. Board and C.A.O. to take part in a public meeting in order to discuss all dealings regarding the status of the O.P.U.C.” TABLED BY THE FOLLOWING MOTION

Moved by Councillor Diamond, seconded by Councillor Bouma, (178) “That the Notice of Motion Previously Given requesting a public meeting concerning the status of the O.P.U.C. be tabled to the April 7, 2014 City Council meeting for consideration after the public presentation by the O.P.U.C. scheduled for that meeting.” CARRIED ON THE FOLLOWING VOTE

AFFIRMATIVE – Councillors Aker, Bouma, Diamond, Pidwerbecki, Sanders and Mayor Henry

NEGATIVE – Councillors England, Marimpietri and Wood



CONFIRMING BY-LAW

Moved by Councillor Diamond, seconded by Councillor England, (179) “That the Confirming By-law be passed.” CARRIED ON THE FOLLOWING VOTE

AFFIRMATIVE – Councillors Aker, Bouma, Diamond, Pidwerbecki, Sanders and Mayor Henry

NEGATIVE – Councillors England, Marimpietri and Wood



35-2014 A by-law to confirm the City Council meeting of March 17, 2014.

335

City Council Minutes - 145 - March 17, 2014 ADJOURN

Moved by Councillor Sanders, seconded by Councillor Wood, (180) “That the meeting adjourn.” CARRIED

The meeting adjourned at 12:03 a.m.

336

APPENDIX A CITY COUNCIL MINUTES

MARCH 17, 2014

For your information, the following correspondence received by the City Clerk was filed following City Council’s meeting of March 17, 2014:

1. Ontario Power Generation (O.P.G.), Glenn Jager, Chief Nuclear and Bill Robinson, S.V.P. Nuclear Projects providing an update on the work accomplished to date toward a successful refurbishment of the Darlington Nuclear Generating Station and advising they will hold and maintain the licence to prepare the Darlington site for the proposed construction of two new nuclear units and the approved environmental assessment and O.P.G. is ready to proceed with a new build whenever the government is ready. (CARRIED – See Page 122)

2. Town of Petrolia, Mandi Pearson, Deputy Clerk/Operations Clerk forwarding Petrolia Council’s resolution supporting the request for action on Bill 69, The Prompt Payment Act, 2013 as requested by the Association of Municipalities of Ontario. (CARRIED – See Page 122)

3. Durham District School Board (D.D.S.B.), Athabasca-Grandview Elementary Accommodation Review Committee, Jeannine Joubert, Chair and David Visser, Secretary advising on February 18, 2014 D.D.S.B. Trustees approved the closure and consolidation of Athabasca Street Public School and Grandview Public School and the relocation of students from the temporary Athabasca site to the new Unnamed East Oshawa Public School in September 2016. (http://www.ddsb.ca/AboutUs/FacilitiesAccommodations/Arc/Pages/default.aspx) (CARRIED – See Page 122)

4. Ecojustice Environmental Law Clinic at the University of Ottawa, Tanya Nayler, Staff Lawyer forwarding a request to the Ontario Minister of the Environment on behalf of Lake Ontario Waterkeeper, Pickering Ajax Citizens Together Protecting Our Water, and Environmental Defence, for an Individual Environmental Assessment of the Duffin Creek Water Pollution Control Plant to address outfall capacity limitations at the Duffin Creek Water Pollution Control Plant. (CARRIED – See Page 122)

5. Town of Ajax, Nicole Wellsbury, Manager of Legislative Services/Deputy Clerk forwarding Ajax Council’s resolution endorsing Ajax Director of Planning and Development Services Report dated February 10, 2014 concerning Duffin Creek Water Pollution Control Plant Outfall Environmental Assessment – Part II Order Request. (http://www.ajax.ca/en/doingbusinessinajax/resources/DuffinCreekWPCPOutfallEnvironmentalAssessment-PartIIO.pdf) (CARRIED – See Page 122)

337

http://www.ddsb.ca/AboutUs/FacilitiesAccommodations/Arc/Pages/default.aspx

http://www.ddsb.ca/AboutUs/FacilitiesAccommodations/Arc/Pages/default.aspx

http://www.ajax.ca/en/doingbusinessinajax/resources/DuffinCreekWPCPOutfallEnvironmentalAssessment-PartIIO.pdf

http://www.ajax.ca/en/doingbusinessinajax/resources/DuffinCreekWPCPOutfallEnvironmentalAssessment-PartIIO.pdf

Appendix A continued March 17, 2014 Council Minutes File A-2120 Page 147

6. Regional Municipality of Durham, Roger Saunders, Director, Strategic Planning

forwarding the Durham Agriculture Advisory Committee’s Terms of Reference, 2013 Annual Report and 2014 Workplan in the form of Regional Commissioner of Planning and Economic Development Report 2014-P-8. (CARRIED – See Page 122)

7. Regional Municipality of Durham, Roger Saunders, Director, Strategic Planning forwarding the Durham Environmental Advisory Committee’s 2013 Annual Report and 2014 Workplan in the form of Regional Commissioner of Planning and Economic Development Report 2014-P-9. (CARRIED – See Page 122)

8. Regional Municipality of Durham, Roger Saunders, Director, Strategic Planning forwarding the Durham Trail Co-ordinating Committee’s 2013 Annual Report and 2014 Workplan in the form of Regional Commissioner of Planning and Economic Development Report 2014-P-10. (CARRIED – See Page 122)

9. Regional Municipality of Durham, Deb Bowen, Regional Clerk/Director of Legislative Services forwarding Regional Council’s resolution to the International Council for Local Environmental Initiatives Canada endorsing the Region’s Corporate Greenhouse Gas Inventory update and Forecast 2013 to 2017 and The Corporate Adaptation Plan (2013 to 2017), and providing Revised Page 24 to Regional Commissioner of Finance Report 2013-J-25 and submitting Report 2013-J-25 as the Region’s first consolidated annual Corporate Climate Adaptation Plan; and, forwarding Regional Commissioner of Finance Report 2014-J-1 representing the completion of the Canadian Adaptation Initiative milestone process. (CARRIED – See Page 122)

10. City of Toronto, Marilyn Toft for the City Clerk, forwarding Toronto Council’s resolutions endorsing the following resolutions of the Greater Toronto and Hamilton Area Mayors and Regional Chairs: (1) that the Provincial and Federal governments funding 1/3 of the full cost of response and on-going recovery from the ice storm for affected municipalities and treat all affected municipalities equally and equitable; and, (2) that the Provincial and Federal governments establish new programs and expand existing programs to address certain disaster mitigation that reflects the reality of climate change including funding for rehabilitation of municipal infrastructure. (CARRIED – See Page 122)

11. Minister of Public Safety and Emergency Preparedness, Steven Blaney clarifying the role of the Disaster Financial Assistance Arrangements (D.F.A.A.) administered by Public Safety Canada and advising decisions concerning financial assistance are Provincial decisions and a municipality must first be reimbursed by the Province in order to be eligible for D.F.A.A. cost sharing; and, advising Public Safety Canada has not yet received a Provincial request for assistance related to the ice storm of December 2013. (CARRIED – See Page 122)

338


12. Minister of Municipal Affairs and Housing, Linda Jeffrey forwarding a news

release and backgrounder concerning Ontario’s December 2013 ice storm advising Ontario intends to seek federal reimbursement for costs under the Disaster Financial Assistance Arrangements program and the Province has deployed Provincial Disaster Assessment Teams to make recommendations and, advising two separate reviews, the After-Action Report and the Supply Chain Review will be completed by late spring. (CARRIED – See Page 122)

13. Regional Municipality of Durham, Deb Bowen, Regional Clerk/Director of Legislative Services forwarding certified copies of Regional By-law 13-2014 to establish tax ratios for 2014 and to specify the percentage by which tax rates are to be reduced for prescribed property subclasses; By-law 14-2014 to set and levy rates of taxation for Regional General purposes in 2014; By-law 15-2014 to set and levy rates of taxation for the Durham Region Transit Commission purposes for 2014; and By-law 16-2014 to set and levy rates of taxation for Regional Solid Waste Management purposes for 2014. (CARRIED – See Page 122)

14. Town of Atikokan, Angela Sharbot, CAO/Clerk forwarding Atikokan Council’s resolution to the Premier of Ontario supporting a proposed billing model change or a model for Ontario Provincial Police services that ensures an equitable distribution of cost sharing for all municipalities and unorganized territories in Ontario. (CARRIED – See Page 122)

15. Town of Hawkesbury, Christine Groulx, Clerk, forwarding Hawkesbury Council’s resolution to the Premier of Ontario endorsing the new billing model for Ontario Provincial Police municipal services which represents a more equitable distribution of costs, especially with a base cost for serviced municipalities. (CARRIED – See Page 122)

16. Town of Kearney, Brenda Fraser, Municipal Clerk forwarding Kearney Council’s resolution to the Premier of Ontario requesting the Ontario Provincial Police’s (O.P.P.) new funding model be scrapped and immediate corrective action be taken to address the root causes for the O.P.P. cost increases rather than transferring the cost burden to municipalities. (CARRIED – See Page 122)

17. Rosemary McConkey providing advice to Council members concerning the wording of a question on the 2014 Municipal Election ballot. (CARRIED – See Page 122)

18. Regional Municipality of Durham, Roger Saunders, Director, Strategic Planning forwarding Commissioner of Planning and Economic Development’s Report 2014-P-16, Monitoring of Growth Trends for the 2009 to 2013 period, providing data for the end of May 2013 to correspond with the timing of a Census and for December 2013, the calendar year-end. (CARRIED – See Page 122)

339


19. Township of Brock, Thomas Gettinby, C.A.O. & Municipal Clerk forwarding Brock

Council’s resolution supporting Arnprior Council’s resolution urging the Province and the Ontario Energy Board in the strongest possible way not to approve any further rate increases for electricity both in the short and long-term so that businesses can remain competitive and residents are not overburdened. (CARRIED – See Page 122)

20. Regional Municipality of Durham, Deb Bowen, Regional Clerk/Director of Legislative Services forwarding correspondence from Nicole Stewart, Director, Public Safety Branch, Ministry of Consumer Services advising proposals developed to refine the regulation of propane transfer facilities in Ontario by enhancing safety and minimizing the burden on business have been posted on the Regulatory Registry for public consultation; and, requesting feedback on the proposals be provided by March 21, 2014 and further, providing contact information for questions about the proposals. (http://www.ontariocanada.com/registry/view.do?postingId=15162) (CARRIED – See Page 122)

21. Regional Municipality of Durham, Deb Bowen, Regional Clerk/Director of Legislative Services forwarding Director of Corporate Policy and Strategic Initiatives Report 2014-J-8 providing an update on the Community Climate Change Local Action Plan’s program, ‘Durham Partners in Project Green’ and approving continuing the annual contribution of $25,000 for the third year of the program development phase. (CARRIED – See Page 122)

22. Municipality of Clarington, Patti Barrie, Municipal Clerk forwarding Clarington Council’s resolution to the Premier of Ontario supporting the seven minimum conditions the Province submitted to the National Energy Board (N.E.B.) in response to Enbridge’s request to include diluted bitumen and reverse and increase its Line 9 oil pipeline flow, and supporting the pipeline’s minimum thickness being reinforced where it crosses a ‘high consequence area’; and, adding, if the N.E.B. does not require Enbridge to fulfil the seven conditions that the Province and Enbridge work collaboratively to reinforce the pipeline where it crosses a ‘high consequence area and an Enbridge Oil Pipeline emergency response crew be established in Durham Region. (CARRIED – See Page 122)

23. Randy-Pettapiece, MPP, Perth-Wellington, thanking Oshawa Council for its support for his private member’s resolution on joint and several liability advising on February 27, 2014 it received all-party support in the Ontario Legislature and it is now up to the government to bring forward a plan that is fair to all concerned; and forwarding a related news release. (CARRIED – See Page 122)

340

http://www.ontariocanada.com/registry/view.do?postingId=15162


24. Regional Municipality of Durham, Deb Bowen, Regional Clerk/Director of

Legislative Services forwarding Regional Council’s resolution providing for the First Meeting of Regional Council to be held on December 3, 2014 at 10:00 a.m. in the Council Chambers, Regional Headquarters Building, Whitby; and the newly elected Standing Committees meet on December 9 and 10, 2014 and a regular Regional Council meeting be held on December 17, 2014; and further providing the three-week Regional Council meeting cycle for the period December 2014 to October 2018 in the form of Regional Commissioner of Corporate Services Report 2014-A-6. (CARRIED – See Page 122)

25. Ministry of Community Safety and Correctional Services, Ted Wieclawek, Fire Marshal of Ontario and Chief of Emergency Management (O.F.M.E.M.) advising they have conducted their annual review of the City’s emergency management program and its elements and forwarding their 2013 Emergency Management Letter of Compliance stating the City of Oshawa has complied with the requirements of the Emergency Management and Civil Protection Act; and further, advising that OFMEM staff are available for discussion or assistance to enhance the delivery of emergency management. (CARRIED – See Page 122)

26. Town of Ajax, Nicole Wellsbury, Manager of Legislative Services/Deputy Clerk forwarding Ajax Council’s resolution supporting the seven minimum conditions the Province submitted to the National Energy Board (NEB) in response to Enbridge’s request to include diluted bitumen and reverse and increase its Line 9 oil pipeline flow; and, if the NEB decision does not require Enbridge to fulfil the seven conditions, supporting Individual Environmental Assessments for matters of provincial jurisdiction and interest; and further, supporting the entire width of Durham Region through which the pipeline crosses being designated a ‘high consequence area’ and an Enbridge Oil Pipeline emergency response crew be established in Durham Region. (CARRIED – See Page 122)

27. Town of Newmarket, Lisa Lyons, Deputy Clerk forwarding Newmarket Council’s resolution supporting Earth Hour starting at 8:30 p.m. on March 29, 2014 in the Town of Newmarket. (CARRIED – See Page 122)

28. Minister of Energy, Bob Chiarelli advising that maintaining reliable electricity in Ontario is a priority and on January 2, 2014 the Minister of the Environment informed Hydro One that its proposed Clarington Transformer Station (TS) does not require an Individual Environmental Assessment, however Hydro One must fulfil several specified conditions including conducting further environmental field studies and forming a Community Liaison Committee to work with and update the community throughout construction of the proposed Clarington TS. (CARRIED – See Page 122)

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29. Central Lake Ontario Conservation Authority (C.L.O.C.A.), Chris Darling,

Director, Planning and Regulation advising C.L.O.C.A. Board of Directors approved a revised C.L.O.C.A. Policy and Procedural Document for Plan Review and Regulations and Best Management Practices - Hydrogeological Guideline for Development Plans’. (http://cloca.ca/resources/Approved%20Policy%20and%20Procedural%20Document.pdf) (CARRIED – See Page 122)

342

http://cloca.ca/resources/Approved%20Policy%20and%20Procedural%20Document.pdf

http://cloca.ca/resources/Approved%20Policy%20and%20Procedural%20Document.pdf

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