Council Minutes June 10, 2013 - Oshawa

OSHAWA CITY COUNCIL MINUTES – June 10, 2013 Page 252 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, Chapman, Diamond, England, Marimpietri (entered at 6:30 p.m.), Neal, Pidwerbecki, Sanders and Wood were present. Mayor Henry presided.

DECLARATIONS OF PECUNIARY INTEREST

None.

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 Bouma, seconded by Councillor Chapman, (321) “That all items listed under the heading of Closed Consent Agenda for the June 10, 2013 Council meeting be adopted as recommended.” CARRIED BY LATER VOTE Councillors Neal and Wood temporarily left the meeting during the taking of the vote.

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City Council Minutes - 253 - June 10, 2013 The motion to adopt the Closed Consent Agenda CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Pidwerbecki, Sanders and Mayor Henry NEGATIVE – Councillors Neal and Wood Absent - Councillor Marimpietri

CONFIDENTIAL CORRESPONDENCE

Correspondence

None.

CONFIDENTIAL COMMITTEE REPORTS

Report of the Development Services Committee

None.

Report of the Corporate Services Committee

The Corporate Services Committee respectfully reports and recommends to City Council its Twenty-seventh Report.

1. Vesting of Land Not Sold at Recent Tax Sale, Vacant Land, Summer Colony Cedar Valley Boulevard Roll #060 004 072 05 0000 (CORP-13-38-CM)

Recommendation (CARRIED – See 52)

1. That in accordance with Report CORP-13-38-CM dated May 23, 2013, the property located within the Summer Colony on Cedar Valley Boulevard, formerly East Whitby, Concession 4 Part Lot 13, RP40R25853 Part 3 assessment Roll Number 18 13 060 004 072 05 0000 be vested into the City of Oshawa’s name contingent on the City obtaining an acceptable purchase and sale agreement for this property; and,

2. Should the City successfully negotiate an acceptable purchase and sale agreement and vest the property that the property be declared surplus to the City of Oshawa’s needs; and,

3. The Mayor and City Clerk be authorized to execute the purchase and sale agreement in a form acceptable to the City Solicitor.

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City Council Minutes - 254 - June 10, 2013 Report of the Community Services Committee

None.

Report of the Strategic Initiatives Committee

None.

COMMITTEE OF THE WHOLE REPORTS

None.

MOTIONS

None.

DISCUSSION AGENDA

MATTERS EXCLUDED FROM CONSENT AGENDA

None.

MATTERS TABLED

None. Moved by Councillor Bouma, seconded by Councillor Chapman, (322) “That the meeting recess.” CARRIED The meeting recessed at 3:38 p.m. and reconvened at 6:30 p.m. All Council members were present following the recess.

PUBLIC AGENDA

ANNOUNCEMENTS FROM COUNCIL MEMBERS

Various announcements were made relating to activities and events.

DECLARATIONS OF PECUNIARY INTEREST

None.

303

City Council Minutes - 255 - June 10, 2013 PRESENTATIONS

The Mayor advised that Steve Stewart, Deloitte & Touche LLP will present the City’s 2012 Audited Financial Statements at the June 24, 2013 regular Council meeting. Lori Jackson of The Ajax Bomb Girls Legacy Campaign Committee provided details concerning their two-year ‘Legacy Campaign’ and their July 6 and 7, 2013 fundraiser at Lakeview Park, held in conjunction with the visit of the HMCS Kingston and the HMCS Glace Bay at the Port of Oshawa.

DELEGATIONS/DELEGATION REQUESTS

Delegations

None.

Delegation Requests (requires 2/3 vote)

None.

CORRESPONDENCE REQUESTS

1. Marissa Clark requesting that any further actions to acquire the property at 199 Wentworth Street East be stopped until George Rust-D’Eye’s investigation of Auditor General’s Report AG-13-09 is complete.

Moved by Councillor Chapman, seconded by Councillor Diamond, (323) “That Correspondence Request Item 1 from Marissa Clark concerning 199 Wentworth Street East be received for information.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Pidwerbecki and Mayor Henry NEGATIVE – Councillors Marimpietri, Neal, Sanders and Wood Absent - None

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City Council Minutes - 256 - June 10, 2013 2. Marissa Clark requesting specific details concerning the engagement, process and

delivery of George Rust-D’Eye’s investigation of Auditor General’s Report AG-13-09.

Moved by Councillor Bouma, seconded by Councillor Chapman, (324) “That Correspondence Request Item 2 from Marissa Clark concerning the investigation of Auditor General’s Report AG-13-09 be received for information.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Pidwerbecki, Sanders and Mayor Henry NEGATIVE – Councillors Marimpietri, Neal and Wood Absent – None 3. Gord Vickers and Lanny Joseph requesting Council support their opposition to Tim

Hudak’s white paper ‘The Right to Work for Less’ and its related changes to the Rand Formula.

Moved by Councillor Pidwerbecki, seconded by Councillor Chapman, (325) “That Correspondence Request Item 3 from Gord Vickers and Lanny Joseph concerning ‘The Right to Work for Less’ be received for information.” CARRIED 4. Rosemary McConkey requesting the integrity investigator review last year’s

RioCan/Minto/Metrus development approvals at the same time as the acquisition of 199 Wentworth Street East is investigated.

Moved by Councillor Aker, seconded by Councillor Diamond, (326) “That Correspondence Request Item 4 from Rosemary McConkey concerning an investigation of last year’s RioCan/Minto/Metrus development approvals be received and filed.” CARRIED 5. Bill Steele requesting the confidential attachments to Auditor General’s Report

AG-13-09 related to the acquisition of 199 Wentworth Street East be released to the public immediately.

Moved by Councillor Bouma, seconded by Councillor Diamond, (327) “That Correspondence Request Item 5 from Bill Steele concerning Auditor General’s Report AG-13-09 be received for information.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Pidwerbecki, and Mayor Henry NEGATIVE – Councillors Marimpietri, Neal, Sanders and Wood Absent – None

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City Council Minutes - 257 - June 10, 2013 6. Bill Steele requesting Council develop guidelines concerning Council members’

use of social media and characterizing some recent social media postings as negative, disruptive, embarrassing and damaging to the reputation of Oshawa and two of its business owners.

Moved by Councillor Bouma, seconded by Councillor Sanders, (328) “That Correspondence Request Item 6 from Bill Steele concerning social media be received for information.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Pidwerbecki, Sanders and Mayor Henry NEGATIVE – Councillors Marimpietri, Neal and Wood Absent – None

ADDITIONAL AGENDA-RELATED CORRESPONDENCE

1. Maurice Charland requesting to address City Council in opposition to Item 1 of the Twenty-eighth Report of the Corporate Services Committee recommending no action be taken concerning his request for a by-law to permit the keeping of chickens in urban areas.

Moved by Councillor Marimpietri, seconded by Councillor England, (329) “That Maurice Charland be heard.” CARRIED ON THE FOLLOWING 2/3 VOTE OF MEMBERS PRESENT AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Marimpietri, Neal, Sanders, Wood and Mayor Henry NEGATIVE – Councillor Pidwerbecki Absent – None 2. Bill Steele requesting to address City Council concerning the recommendation

contained in Committee of the Whole Report CM-13-41 concerning Project Management and Design Services for the Consolidated Operations Centre.

Moved by Councillor Marimpietri, seconded by Councillor England, (330) “That Bill Steele be heard.” CARRIED ON THE FOLLOWING 2/3 VOTE OF MEMBERS PRESENT AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Marimpietri, Neal, Sanders, Wood and Mayor Henry NEGATIVE – Councillor Pidwerbecki Absent – None

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City Council Minutes - 258 - June 10, 2013 3. Gord Vickers requesting Correspondence Request Item 3 asking Council to

support opposition to Tim Hudak’s white paper ‘The Right to Work for Less’ and its related changes to the Rand Formula be moved to the September 3, 2013 Council meeting.

Moved by Councillor Marimpietri, seconded by Councillor England, (331) “That Correspondence Request Item 3 from Gord Vickers and Lanny Joseph in opposition to Tim Hudak’s white paper ‘The Right to Work for Less’ and its related changes to the Rand Formula be placed on the September 3, 2013 Council meeting.” CARRIED ON THE FOLLOWING 2/3 VOTE OF MEMBERS PRESENT AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Marimpietri, Neal, Pidwerbecki, Sanders, Wood and Mayor Henry NEGATIVE – None Absent – None 4. Cheryl Green-MacNeill, Co-Director, 2013 World Lacrosse Inc. requesting the

2013 FIL World Cup Lacrosse Flag be flown at City Hall during the week of July 10 to 20, 2013.

Moved by Councillor Marimpietri, seconded by Councillor England, (332) “That the City of Oshawa fly the 2013 FIL World Cup Lacrosse Flag at City Hall during the week of July 10 to 20, 2013 to proclaim World Lacrosse Week in Oshawa.” CARRIED ON THE FOLLOWING 2/3 VOTE OF MEMBERS PRESENT AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Marimpietri, Neal, Pidwerbecki, Sanders, Wood and Mayor Henry NEGATIVE – None Absent – None 5. Mark Bernacki expressing that a sole source contract for work related to the

Consolidated Operations Centre does not seem suitable and stating the project should be stopped until the current investigation is complete.

Moved by Councillor Marimpietri, seconded by Councillor England, (333) “That Additional Correspondence Item 5 from Mark Bernacki be referred to Report CM-13-41.” CARRIED ON THE FOLLOWING 2/3 VOTE OF MEMBERS PRESENT AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Marimpietri, Neal, Pidwerbecki, Sanders, Wood and Mayor Henry NEGATIVE – None Absent – None

307

City Council Minutes - 259 - June 10, 2013 Maurice Charland addressed City Council in opposition to Item 1 of the Twenty-eighth Report of the Corporate Services Committee advising that most concerns related to backyard chickens are already addressed in the City’s by-laws regulating nuisance, noise, property maintenance, property standards, waste management and responsible pet owners. Maurice Charland suggested such a by-law could regulate the keeping of chickens in single family home backyards by not allowing roosters and by requiring attractive, well-maintained enclosures. Maurice Charland advised that chickens are not noisy or a nuisance, are not smelly, do not attract predators but they do keep the backyard clean of ticks and their droppings represent free fertilizer when composted. Maurice Charland advised that urban chicken farmers are responsible citizens who want to keep healthy chickens. Council members questioned Maurice Charland. Bill Steele addressed City Council concerning Committee of the Whole Report CM-13-41 related to project management and design services for the consolidated operations centre stating he is opposed to sole source contracts and is in favour of competitive bidding. Bill Steele stated competitive bidding prevents fraud, corruption and favouritism and suggested the consolidated operations centre project is tainted. Bill Steele expressed surprise that the details of the sole sourcing contract referred to in Report CM-13-41 for the consolidated operations centre is confidential and requested the proposed contract be released to the public. Council members questioned Bill Steele.

PUBLIC CONSENT AGENDA

Moved by Councillor Bouma, seconded by Councillor Chapman, (334) “That all items listed under the heading of Public Consent Agenda for the June 10, 2013 Council meeting be adopted as recommended except: Correspondence Received and Filed Items 3, 4, 6, 7, 8, 9 and 12; Items 1, 3, 4, 5, 6 and 9 of the Twenty-eighth Report of the Corporate Services Committee; and, Committee of the Whole Reports CM-13-40 and CM-13-41.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Pidwerbecki, Sanders and Mayor Henry NEGATIVE – Councillors Marimpietri, Neal and Wood Absent – None

308

City Council Minutes - 260 - June 10, 2013 ADOPTION OF MINUTES

That the minutes of the May 21, 2013 City Council meetings be adopted. (CARRIED – See Page 259)

CORRESPONDENCE

Correspondence – Received and Filed

That correspondence listed in Appendix A to the Public Agenda for the June 10, 2013 Council meeting be received and filed. (ITEMS 1, 2, 5, 10, 11, 13 and 14 CARRIED, ITEMS 3, 4, 6, 7, 8, 9 AND 12 REFERRED – See Pages 259 and 268)

Correspondence

None.

Advisory Committee Meeting Minutes

61. Heritage Oshawa Committee Meeting

Recommendation (CARRIED – See Page 259)

That the minutes of the Heritage Oshawa Committee meeting of May 23, 2013 be received for information.

62. Oshawa Accessibility Advisory Committee Meeting Recommendation (CARRIED – See Page 259)

That the minutes of the Oshawa Accessibility Advisory Committee meeting of May 28, 2013 be received for information.

63. Oshawa Environmental Advisory Committee Meeting Recommendation (CARRIED – See Page 259)

That the minutes of the Oshawa Environmental Advisory Committee meeting of June 4, 2013 be received for information.

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City Council Minutes - 261 - June 10, 2013 STANDING COMMITTEE REPORTS

Report of the Development Services Committee

The Development Services Committee respectfully reports and recommends to City Council its Forty-eighth Report. 1. Report of Oshawa Environmental Advisory Committee (DS-13-165)


That pursuant to DS-13-165, being a report from the Oshawa Environmental Advisory Committee, that Oshawa City Council request cigarette manufacturers phase out cellophane wrappers to a more environmentally friendly or biodegradable wrapping;

That the motion be forwarded to the Association of Municipalities of Ontario (AMO), the Federation of Canadian Municipalities (FCM) and Durham area MP’s and MPP’s.

2. Region of Durham – Final Recommendations Regarding Regional Residential, Commercial, Institutional and Industrial Development Charges (DS-13-167)


That Correspondence DS-13-167 dated May 14, 2013 from Deb Bowen, Regional Clerk forwarding the Region’s final recommendations regarding Regional residential, commercial, institutional and industrial development charges, be received for information.

3. Proposed Telecommunication Tower, 670 Buchan Avenue, Region of Durham (DS-13-164)


That Development Services staff be authorized to advise Industry Canada that the City has no objection to the proposal by the Region of Durham to install a telecommunication tower in the Buchan Avenue boulevard in front of 670 Buchan Avenue.

Report of the Corporate Services Committee

The Corporate Services Committee respectfully reports and recommends to City Council its Twenty-eighth Report.

1. Third Report of the Oshawa Environmental Advisory Committee (CORP-13-75)


That CORP-13-75 being the Third Report of the Oshawa Environmental Advisory Committee be received and filed:

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City Council Minutes - 262 - June 10, 2013

‘1. Local Food Resilience and Urban Farming (OEAC-13-45)

That pursuant to the delegation from Maurice Charland regarding urban farming, and consistent with by-law initiatives in Vancouver, Kamloops, Guelph, Niagara Falls, Quinte West and Kingston, a by-law be developed to permit the keeping of chickens in urban areas.’

2. Fourth Report of Heritage Oshawa (CORP-13-88)


That CORP-13-88 being the Fourth Report from Heritage Oshawa be adopted:

‘1. Absentee Member (HTG-13-65)

That pursuant to the Advisory Committees of Council Policy and Procedure Section 6.3 as it relates to attendance management, be it resolved:

1. That Steven Barr’s seat on Heritage Oshawa be declared vacant; and,

2. That a letter be sent to Mr. Barr thanking him for his term of service.’

3. Request for Tender C2013-041, 2013 Computer Rollout and Miscellaneous Annual Requirements (CORP-13-79-CM)


1. That the Manager, Purchasing Services be authorized to award a contract as detailed in Report CORP-13-79-CM dated May 23, 2013 to Cycom Canada Corporation being the only bid received and meeting specification for:

a) the 2013 computer equipment rollout in the amount of $691,121 including all taxes (Nexcap Finance Corporation to pay equipment supplier directly); and,

b) all additional/supplemental technology acquisitions and service requirements in the estimated amount of $135,600 including all taxes; and,

2. That a contingency of $30,000 inclusive of all taxes be made available to cover potential related costs in the 2013 equipment rollout; and,

3. That the Manager, Purchasing Services be authorized to execute schedules to the Master Lease Agreement to authorize the acquisition of computer equipment and technology together with Certificates of Acceptance and other documents required to effect the Agreement with Nexcap Finance Corporation; and,

311


4. That, pursuant to the requirements of Ontario Regulation 46/94, the Treasurer of the Regional Municipality of Durham be advised that the City will be entering into a financing lease with Nexcap Finance Corporation on the terms approved by Council on May 3, 2011.

4. Corporate Payments for the Month of April 2013 (CORP-13-80-CM)


That Report CORP-13-80-CM, ‘Corporate Payments for the Month of April 2013’, dated May 23, 2013 be received for information.

5. Request for Waiving of Fees for the May 30, 2013 Committee Meeting (CORP-13-81-CM)


That in accordance with Report CORP-13-81-CM dated May 23, 2013:

a) The request for waiving of fees from the United Way of Durham Region in the amount of $444 be approved as it meets the Council-approved criteria; and,

b) The request for waiving of fees from OFSAA Boys Lacrosse Festival in the amount of $500 be denied as it does not meet the Council-approved criteria.

6. Appointments to Downtown Oshawa Board of Management, Oshawa Public Library Board and Safe City Oshawa Partnership (CORP-13-83-CM)


That in accordance with Report CORP-13-83-CM dated May 24, 2013, the following appointments be made:

1. Shawn Soloman and Carol Cavallari to the Downtown Oshawa Board of Management for the term May 2013 to November 2014;

2. Keshyla Reddick to Safe City Oshawa Partnership for the term May to November 2013; and,

3. Greg Reid to the Oshawa Public Library Board for the term June 2013 to November 2014.

7. Municipal Law Enforcement and Licensing Services 2013 First Quarter Report (CORP-13-85-CM)


That Report CORP-13-85-CM ‘Municipal Law Enforcement and Licensing Services 2013 First Quarter Report’ be received for information.

312

City Council Minutes - 264 - June 10, 2013 8. Ministry of Transportation – Highway 401 Noise Barrier Replacement Noise

By-law Exemption Request (CORP-13-87-CM)


Whereas the Ministry of Transportation (MTO) has scheduled the replacement of noise barriers along two sections totaling 1.6 kilometres of Highway 401; the first spanning west of Wilson Road to Bloor Street East, and the second, the north side of Highway 401 from Park Road South underpass to Park Road South cul-de-sac; and,

Whereas construction work will be scheduled between Monday to Friday and potentially on Saturday and Sunday, excluding holidays, to address project delays for the period of October 1, 2013 to May 31, 2014; and,

Whereas in addition to expected evening construction work, MTO has identified a potential need to conduct overnight work to minimize disruptions to nearby residents, the construction timeframe, and to address possible schedule shortfalls; and,

Whereas MTO anticipates that the construction work will generate noise disturbances contrary to City of Oshawa Noise By-law 112-82 (“Noise By-law”) and has requested a full exemption to the Noise By-law until May 31, 2014;

Therefore, City Council be requested to exempt the Highway 401 Noise Barrier Replacement construction project, as it relates to the two aforementioned sections, from the City’s Noise By-law until June 2014 subject to the following condition:

1. That MTO provide advertising/notification of this project in the local media communicating the project timeframe, the potential for construction work to continue overnight, and that the project may create noise and necessitate road closures; and,

2. That MTO provide a contact number for residents to call if they have any concerns or questions, and that the number also be advertised; and,

3. That MTO provide a contact number of the on-site project supervisor to the City.

9. Collected Signs belonging to Friends of the Oshawa Waterfront (CORP-13-89)


Whereas Friends of the Oshawa Waterfront are partners with the City of Oshawa in opposing an ethanol refinery on our city’s waterfront; and,

Whereas this campaign has included lawn and boulevard signs in opposition to same; and,

Whereas some of these signs have now been collected by the City of Oshawa’s Municipal Law Enforcement;

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Therefore be it resolved that Municipal Law Enforcement make these collected signs available to Friends of the Oshawa Waterfront for their pickup, at no cost to Friends of the Oshawa Waterfront.

Report of the Community Services Committee

The Community Services Committee respectfully reports and recommends to City Council its Twenty-Second Report. 1. Dave Coppins, Re/Max Jazz Inc. Brokerage – Request for Exemption from

Waste Collection By-law 113-2008 for 193 King Street East (CS-13-41)


That based on Correspondence CS-13-41 dated May 8, 2013 from Dave Coppins, Re/Max Jazz Inc. Brokerage, the request for an exemption from Waste Collection By-law 113-2008 at 193 King Street East, be approved.

2. Kenneth Jenkins – Request for All-Way Stop Control at the Intersection of Switzer Drive and Somerville Street (CS-13-44)


That Correspondence CS-13-44 dated April 30, 2013 from Kenneth Jenkins requesting an all-way stop control be implemented at the intersection of Switzer Drive and Somerville Street be referred to staff for a direct response.

3. Animal Services Extended Business Hours (CS-13-45)


That Report CS-13-45, dated May 23, 2013, be approved as a standard level of service for Oshawa Animal Services hours of operation.

4. Removal of Item 6 from the Community Services Committee’s Outstanding Items Status Report - Establishment of an Oshawa Arts and Culture Council (CS-13-49)


Whereas City Council Referral CS-12-104 concerning the establishment of an Oshawa Arts and Culture Council was referred to staff for a report on potential implementation, as set out by the Commissioner with respect to the development of an Arts and Culture Plan; and,

Whereas Report CM-13-10, Oshawa Arts and Culture Strategy, 2012-2013 Creative Communities Prosperity Fund was approved by Council on January 28, 2013; and,

Whereas the City of Oshawa was successful in receiving grant funding, and staff has commenced the process of creating an Arts and Culture Strategy;

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Therefore be it resolved:

a) That City Council Referral CS-12-104 be addressed as part of development of the Arts and Culture Plan, as well a copy of the referral be provided to the project lead; and,

b) That Item 6 be removed from the Community Services Committee’s Outstanding Items List.

5. Burk Street ‘Parking Prohibition’ and ‘Heavy Traffic Prohibition’ (CS-13-48)


1. That based on Report CS-13-48 dated May 22, 2013, Traffic By-law 79-99, as amended, be further amended to prohibit heavy traffic on Burk Street between John Street West and a point 100 metres south of King Street West; and,

2. That Traffic By-law 79-99, as amended, be further amended to prohibit parking on the west side of Burk Street from;

a point 49 metres south of King Street West to a point 55 metres south of King Street West, and,

a point 82 metres south of King Street West to a point 109 metres south of King Street West; and,

3. That a copy of this report be sent to the resident inquirer.

Report of the Strategic Initiatives Committee

None.

COMMITTEE OF THE WHOLE REPORTS

1. Bob Duignan, City Manager submitting Report CM-13-40 concerning City Council Matters Tabled Items

Recommendation (REPLACED – See Page 272)

That in accordance with Report CM-13-40 dated May 16, 2013, Matters Tabled Items 1, 2, 3, 4, 6, 7 and 8 be lifted from the table and received and filed; and further, that Matters Tabled Item 5 be lifted from the table and referred to a future report on general fees and charges.

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City Council Minutes - 267 - June 10, 2013 2. Bob Duignan, City Manager and Jag Sharma, Commissioner of Community

Services submitting Report CM-13-41 concerning Project Management and Design Services for the Consolidated Operations Centre


1. That for the reasons stated in Report CM-13-41, dated June 7, 2013, ‘Project Management and Design Services for the Consolidated Operations Centre’, the Purchasing By-law be waived, and that staff be authorized to single source a contract to Independent Project Managers (IPM) as the Project Managers for the Consolidated Operations Centre project as detailed in Confidential Attachment 2; and,

2. That the requirements of the Purchasing By-Law be waived and that the City Manager be authorized to award contract(s) for Architectural and Engineering services, provided the award is to the highest scoring proponent in the case of a Request for Proposal, or the lowest responsive bidder in the case of a Request for Tender; and that the overall amounts awarded does not exceed the budget for these services as detailed in Confidential Attachment 3.

MOTIONS

“That the City of Oshawa proclaim:

July 6 to 14, 2013 as ‘Ontario Family Fishing Week’;

July 10 to 20, 2013 as ‘Official Lacrosse Week’;

September 9 to 15, 2013 as ‘Terry Fox Week’; and,

September 25, 2013 as ‘Franco-Ontarian Day’ and the Franco-Ontarian flag be flown at City Hall on that day.” (CARRIED – See Page 259)

“That City Council ratify the proclamation issued on May 21, 2013 proclaiming May 25, 2013 as ‘Jumpstart Day’ in the City of Oshawa.” (CARRIED – See Page 259)

BY-LAWS

63-2013 A By-law to Consolidate Administrative Penalty Processes. (Implements direction of May 21, 2013 through Item 13 of the Twenty-fifth Report of the Corporate Services Committee to consolidate the processes for the City's various non-parking administrative penalty systems.) (CARRIED – See Page 259)

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City Council Minutes - 268 - June 10, 2013 65-2013 A By-law to amend Traffic By-law 79-99.

(Implements direction of June 10, 2013 through Item 5 of the Twenty-Second Report of the Community Services Committee to prohibit heavy traffic on Burk Street between John Street West and a point 100 metres south of King Street West and to prohibit parking on the west side of Burk Street from a point 49 metres south of King Street West to a point 55 metres south of King Street West, and from a point 82 metres south of King Street West to a point 109 metres south of King Street West.) (CARRIED – See Page 259)

DISCUSSION AGENDA

MATTERS EXCLUDED FROM CONSENT AGENDA

Moved by Councillor Chapman, seconded by Councillor Sanders, (335) “That the meeting recess.” CARRIED The meeting recessed at 8:28 p.m. and reconvened at 8:45 p.m. All Council members were present following the recess. Moved by Councillor Marimpietri, seconded by Councillor Neal, “That the order of the agenda be altered to bring forward Committee of the Whole Report CM-13-41 immediately.” LOST ON THE FOLLOWING VOTE (2/3 vote required) AFFIRMATIVE – Councillors Marimpietri, Neal, Sanders and Wood NEGATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Pidwerbecki, and Mayor Henry Absent – None Moved by Councillor Marimpietri, seconded by Councillor Neal, “That concerning Correspondence Received and Filed Item 3, Council’s rules of procedure be waived and Louise Parkes be heard.” LOST ON THE FOLLOWING VOTE (2/3 vote required) AFFIRMATIVE – Councillors Marimpietri, Neal, Sanders and Wood NEGATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Pidwerbecki and Mayor Henry Absent – None Moved by Councillor Marimpietri, seconded by Councillor Aker, (336) “That Correspondence Received and Filed Items 3, 4, 6, 7, 8, 9, and 12 be referred to the investigation concerning Report AG-13-09.” CARRIED BY LATER VOTES

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City Council Minutes - 269 - June 10, 2013 The motion was divided upon request to vote on each Item separately.

The vote to refer Correspondence Received and Filed Item 3 to the investigation concerning Report AG-13-09 CARRIED ON THE FOLLOWING VOTE

AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Marimpietri, Neal, Pidwerbecki, Sanders, Wood and Mayor Henry NEGATIVE – None Absent – None







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City Council Minutes - 270 - June 10, 2013 The vote to refer Correspondence Received and Filed Item 8 to the investigation concerning Report AG-13-09 CARRIED ON THE FOLLOWING VOTE





AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Marimpietri, Neal, Pidwerbecki, Sanders, Wood and Mayor Henry NEGATIVE – None Absent – None Moved by Councillor Diamond, seconded by Councillor Bouma, (337) “That Council adopt the recommendation contained in Item 1 of the Twenty-eighth Report of the Corporate Services Committee.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, Marimpietri, Neal, Pidwerbecki, Sanders, Wood and Mayor Henry NEGATIVE – Councillor England Absent – None

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City Council Minutes - 271 - June 10, 2013 Moved by Councillor Diamond, seconded by Councillor Bouma, (338) “That Council adopt the recommendation contained in Item 3 of the Twenty-eighth Report of the Corporate Services Committee.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Pidwerbecki, Sanders and Mayor Henry NEGATIVE – Councillors Marimpietri, Neal and Wood Absent – None Moved by Councillor Diamond, seconded by Councillor Bouma, (339) “That Council adopt the recommendation contained in Item 4 of the Twenty-eighth Report of the Corporate Services Committee.” CARRIED Moved by Councillor Diamond, seconded by Councillor Bouma, (340) “That Council adopt the recommendation contained in Item 5 of the Twenty-eighth Report of the Corporate Services Committee.” CARRIED BY LATER VOTES The motion was divided upon request to vote on Parts 1 and 2 separately.

Part 1 of Item 5 of the Twenty-eighth Report of the Corporate Services Committee CARRIED ON THE FOLLOWING VOTE

AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Marimpietri, Neal, Pidwerbecki, Sanders, Wood and Mayor Henry NEGATIVE – None Absent – None Part 2 of Item 5 of the Twenty-eighth Report of the Corporate Services Committee CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, Pidwerbecki, Sanders and Mayor Henry NEGATIVE – Councillors England, Marimpietri, Neal and Wood Absent – None Moved by Councillor Diamond, seconded by Councillor Bouma, (341) “That Council adopt the recommendation contained in Item 6 of the Twenty-eighth Report of the Corporate Services Committee.” CARRIED

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City Council Minutes - 272 - June 10, 2013 Moved by Councillor Diamond, seconded by Councillor Bouma, (342) “That Council adopt the recommendation contained in Item 9 of the Twenty-eighth Report of the Corporate Services Committee.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Marimpietri, Neal, Pidwerbecki, Sanders, Wood and Mayor Henry NEGATIVE – None Absent – None Moved by Councillor England, seconded by Councillor Wood, (343) “That the meeting recess.” CARRIED The meeting recessed at 9:47 p.m. and reconvened at 9:52 p.m. All Council members were present following the recess except Councillor Sanders. Moved by Councillor Diamond, seconded by Councillor England, (344) “That Committee of the Whole Report CM-13-40 be lifted from the table.” CARRIED Councillor Sanders re-entered the meeting. Moved by Councillor Diamond, seconded by Councillor England, (345) “That the recommendation contained in Committee of the Whole Report CM-13-40 be replaced with the following motion:

‘That concerning Matters Tabled Item 1, the Auditor General report to Council in September 2013 whether he recommends further analysis and a subsequent report concerning value-for-money and any savings resulting from the energy retrofit(s) undertaken by Ameresco. That Matters Tabled Item 2 concerning Report CM-11-52, be received and filed. That concerning Matters Tabled Item 3, the City Manager be given an absolute deadline of the Council meeting of September 3, 2013, to produce the report that was initially directed by Council November 1, 2011; said report having directed ‘staff to prepare a detailed report on the $8.1 million debenture request in the matter of courthouse costs as well as the $6.2 million interfund note request in the matter of the Amazing Spaces projects; and, the analysis is to include the time periods during which these costs were incurred, amounts spent in the matter of each individual project, how they authorized the expenditures and the sources of previous funding already utilized to undertake these projects’. That Matters Tabled Item 4 concerning Report CM-11-56 be received and filed.

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That Matters Tabled Item 5 concerning Committee of the Whole Report CM-11-56 remain tabled. That Matters Tabled Item 6 concerning Part 1(b) of Report CM-12-36 be received and filed. That Matters Tabled Item 7 be tabled until September 3, 2013, Council meeting at which time the City Manager will advise Council of the firm schedule of meetings to be established for Council to consider, and ultimately approve, a consolidated five-year Strategic Financial Plan.’.” CARRIED

The motion was divided upon request to vote on Matters Tabled Items 1, 3, 5 and 7 separately from Items 2, 4, 6 and 8. The vote providing direction to the Auditor General concerning Matters Tabled Item 1 to the Auditor General CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Pidwerbecki, Sanders and Mayor Henry NEGATIVE – Councillors Marimpietri, Neal and Wood Absent – None The vote providing direction to the City Manager concerning Matters Tabled Item 3 to the City Manager CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Marimpietri, Neal, Pidwerbecki, Sanders, Wood and Mayor Henry NEGATIVE – None Absent – None The vote that Matters Tabled Item 5 remain tabled CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Marimpietri, Neal, Pidwerbecki, Sanders, Wood and Mayor Henry NEGATIVE – None Absent – None

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City Council Minutes - 274 - June 10, 2013 The vote to table Matters Tabled Item 7 to September 3, 2013 CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Marimpietri, Neal, Pidwerbecki, Sanders, Wood and Mayor Henry NEGATIVE – None Absent – None The vote to receive and file Matters Tabled Items 2, 4, 6 and 8 CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Pidwerbecki, Sanders and Mayor Henry NEGATIVE – Councillors Marimpietri, Neal and Wood Absent – None Moved by Councillor Bouma, seconded by Councillor Chapman, (346) “That Council adopt the recommendations contained in Committee of the Whole Report CM-13-41 concerning Project Management and Design Services for the Consolidated Operations Centre.” CARRIED BY LATER VOTE Moved by Councillor England, seconded by Councillor Wood, “That Committee of the Whole Report CM-13-41 concerning Project Management and Design Services for the Consolidated Operations Centre be tabled to the next regular Council meeting.” LOST ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors England, Neal and Wood NEGATIVE – Councillors Aker, Bouma, Chapman, Diamond, Marimpietri, Pidwerbecki, Sanders and Mayor Henry Absent – None The vote to adopt the recommendation contained in Committee of the Whole Report CM-13-41 CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, Pidwerbecki, Sanders and Mayor Henry NEGATIVE – Councillors England, Marimpietri, Neal and Wood Absent – None

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City Council Minutes - 275 - June 10, 2013 Moved by Councillor Bouma, seconded by Councillor Chapman, (347) “That the hour be extended past 11:00 p.m.” CARRIED

NOTICES OF MOTION

Moved by Councillor Bouma, seconded by Councillor Sanders, (348) “That the rules of procedure be waived to introduce a motion concerning the release of confidential reports related to the Consolidated Works Depot.” CARRIED ON THE FOLLOWING 2/3 VOTE OF MEMBERS PRESENT AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Marimpietri, Neal, Pidwerbecki, Sanders, Wood and Mayor Henry NEGATIVE – None Absent – None Moved by Councillor Bouma, seconded by Councillor Sanders, (349) “Whereas Council has approved the acquisition of three parcels of land that will comprise a consolidated works depot; and, Whereas the process by which Council approved the acquisition of the parcels of land included several reports to Council; and, Whereas certain of the reports were considered during closed meetings of Council in accordance with the Municipal Act because they related to what were then proposed or pending acquisitions of land by the City; and, Whereas two of the three land transactions have been completed and the third is now unconditional and is scheduled for completion in July, 2013; and, Whereas it is considered appropriate in the circumstances to make public the reports that were considered by Council, subject to compliance with the Municipal Freedom of Information and Protection of Privacy Act including in relation to personal information and third party information, as may be applicable; and, Whereas it is considered appropriate in the circumstances for members of Council, the media and for staff whose service delivery relates to the proposed consolidated depot to view the land and premises that the City as acquired to date; Be it resolved:

1) That, subject to compliance with the Municipal Freedom of Information and Protection of Privacy Act, this resolution and the following reports respecting the process by which Council approved the proposed consolidated depot be posted forthwith to a City web page that is linked to the main page of the City’s website:

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a. CM-11-57; b. CM-12-03; c. CM-12-30; d. CM-12-32; e. CM-12-51; and, f. CM-13-29; and,

2) That the Commissioner, Community Services Department, be requested to make arrangements satisfactory to the Commissioner for members of Council, the media and for staff whose service delivery relates to the proposed consolidated depot to view the land and premises that the City has acquired to date.” CARRIED ON THE FOLLOWING VOTE

AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Marimpietri, Neal, Pidwerbecki, Sanders, Wood and Mayor Henry NEGATIVE – None Absent – None Moved by Councillor Marimpietri, seconded by Councillor Neal, “That the rules of procedure be waived to introduce a motion to release audio recordings of meetings concerning Reports CM-11-57, CM-12-03, CM-12-30, CM-12-32, CM-12-51 and CM-13-29.” LOST ON THE FOLLOWING VOTE (2/3 vote required) AFFIRMATIVE – Councillors England, Marimpietri, Neal, Sanders and Wood NEGATIVE – Councillors Aker, Bouma, Chapman, Diamond, Pidwerbecki and Mayor Henry Absent – None Councillor Marimpietri submitted the following notice of motion:

“That all audio recordings of confidential items associated with Reports CM-11-57, CM-12-03, CM-12-30, CM-12-51 and CM-13-29 be released to the public as per the other items that were released this evening; and, this matter be referred to the Corporate Services Committee.”

Councillor Marimpietri verbalized a notice of motion related to amnesty for former employees concerning Report AG-13-09 and the Mayor ruled his motion out of order. Councillor Marimpietri challenged the Mayor’s decision and the Mayor’s ruling was UPHELD ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Pidwerbecki, Sanders and Mayor Henry NEGATIVE – Councillors Marimpietri, Neal and Wood Absent – None

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City Council Minutes - 277 - June 10, 2013 Councillor Marimpietri provided the following notices of motion:

“That the Corporation of the City of Oshawa’s File Retention Policy be updated to ensure that emails, digital communications, etc. be retained for a minimum of two full terms or 8-years; and, this matter be referred to the Corporate Services Committee.”

“That the Corporation of the City of Oshawa make available to Oshawa City Council the City Manager’s current employment agreement or employee contract services agreement immediately; and, this matter be referred to the Corporate Services Committee.”

Councillor Wood verbalized a notice of motion related to a ruling made by the Chair of the Corporate Services Committee at the Committee meeting of May 30, 2013 and the Mayor ruled his motion out of order. Councillor Wood challenged the Mayor’s decision and the Mayor’s ruling was UPHELD ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Pidwerbecki, Sanders and Mayor Henry NEGATIVE – Councillors Marimpietri, Neal and Wood Absent – None

CONFIRMING BY-LAW

Moved by Councillor Bouma, seconded by Councillor Chapman, (350) “That the Confirming By-law be passed.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Pidwerbecki, Sanders and Mayor Henry NEGATIVE – Councillors Marimpietri, Neal and Wood Absent – None 66-2013 A By-law to confirm the City Council meeting of June 10, 2013.

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City Council Minutes - 278 - June 10, 2013 ADJOURN

Moved by Councillor Marimpietri, seconded by Councillor Wood, (351) “That the meeting adjourn.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Aker, Bouma, Chapman, Diamond, England, Marimpietri, Neal, Pidwerbecki and Mayor Henry NEGATIVE – Councillors Sanders and Wood Absent – None The meeting adjourned at 11:51 p.m.

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APPENDIX A CITY COUNCIL PUBLIC MINUTES

June 10, 2013

For your information, the following correspondence received by the City Clerk was filed following City Council’s meeting of June 10, 2013:

1. GO Transit, Gary McNeil, President advising starting on June 29, 2013 Durham Region Transit will launch its new PULSE service along Highway 2 between downtown Oshawa and the University of Toronto Scarborough Campus and GO Transit will reallocate some bus services as express options in Durham Region. (http://www.gotransit.com/public/en/updates/durhamchanges.aspx) (CARRIED – See Page 259)

2. Regional Municipality of Durham, D. Bowen, Regional Clerk/Director of Legislative Services forwarding Regional Council’s resolution to the Premier of Ontario endorsing correspondence dated February 22, 2013 from G. McNamara, Chairperson, Board of Directors, the Windsor-Essex County Board of Health supporting active transportation and incorporating healthy public policy when making decisions about the built environment. (CARRIED – See Page 259)

3. Louise Parkes submitting correspondence in response to Auditor General’s Report AG-13-09 concerning the independence of the Auditor General and offering suggested reforms. (REFERRED – See Page 269)

4. Brent Regnier expressing embarrassment and disgust related to a cover up of Report AG-13-09 and suggesting an RCMP investigation and punishment of jail. (REFERRED – See Page 269)

5. Clint Cole, Enniskillen Environmental Association forwarding correspondence to John O’Toole, MPP, Durham, requesting the Province immediately implement a moratorium on the 75 – 100 acre Clarington mega transformer station proposed by Hydro One Corporation as it is a potential threat to Durham’s underground water supply system in the Oak Ridges Moraine. (CARRIED – See Page 259)

6. Linda Tamburro expressing disappointment at the May 21, 2013 Council resolution in response to Auditor General’s Report AG-13-09 as it did not mention suspensions, did not stop the closing of the real estate deal from proceeding, and authorized the hiring of George Rust-D’Eye. (REFERRED – See Page 269)

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http://www.gotransit.com/public/en/updates/durhamchanges.aspx

Appendix A continued June 10, 2013 File A-2120 Page 280

7. Mark Bernacki describing Oshawa’s municipal environment as poisoned and

urging City Council to support the Auditor General and his Report AG-13-09 as an opportunity to improve the City’s management team. (REFERRED – See Page 269)

8. Lou DeVuono opposing the Corporate Services Committee resolution directing the IT department to review e-mails to identify who forwarded a confidential e-mail to the media; and, supporting Auditor General’s Report AG-13-09; and, requesting a full public audit of City activities by an independent auditor appointed by the Province; and, further, commenting on the City’s trespass order against a citizen. (REFERRED – See Page 270)

9. Barry Dutton stating some Oshawa Council members have extreme bias and prejudice against a handful of residents who are critical of their agenda and some senior staff are making good Council members look bad when they are only trying to do the right thing. (REFERRED – See Page 270)

10. Regional Municipality of Durham, Deb Bowen, Regional Clerk/Director of Legislative Services providing Notice of the passing of By-law 23-2013 amending Durham Transit Development Charges By-law 47-2012 to amend the definition of duplex, low density multiples, retail use, semi-detached dwelling, triplex; and, to amend Section 5(1)(f); and, to delete and replace Sections 13(2) and 13(3); and, to replace the category named ‘Low Density Multiples’ with ‘Medium Density Multiples’; and forwarding a copy of Regional By-law 23-2013 effective on July 1, 2013. (CARRIED – See Page 259)

11. Regional Municipality of Durham, Deb Bowen, Regional Clerk/Director of Legislative Services providing Notice of the passing of By-law 24-2013 amending the Durham GO Transit Development Charges By-law 86-2001, as amended to amend the definition of duplex, low density multiples, semi-detached dwelling, triplex; and, to amend Section 5(1)(f); and, amending and renumbering Section 12; and, to replace the category named ‘Low Density Multiples’ with ‘Medium Density Multiples’ and replace ‘Single Detached’ with ‘Single Detached and Semi-Detached’; and forwarding a copy of Regional By-law 24-2013 effective on July 1, 2013. (CARRIED – See Page 259)

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Appendix A continued June 10, 2013 File A-2120 Page 281

12. Bill Steele expressing dissatisfaction with Council’s decision to hire George

Rust-D’Eye to investigate Auditor General’s Report AG-13-09 prior to debating it, and stating the current process surrounding the Report is tainted and reeks of secrecy and back door dealings; and, further, advising he is filing a complaint with the Ombudsman’s Office regarding the current process surrounding Auditor General’s Report AG-13-09. (REFERRED – See Page 270)

13. Central Lake Ontario Conservation Authority, Heather Brooks, Director, Watershed Planning and Natural Heritage forwarding their 2012 Annual Monitoring Reports documenting the findings from their 2012 field work and data collection and endorsed by their Board of Directors on May 22, 2013. (http://www.cloca.com/resources/2012_AMR_May9_final.pdf http://www.cloca.com/resources/TM_Annual_Report_2012.pdf http://www.cloca.com/resources/Wildlife%20Monitoring%20Report%202012.pdf) (CARRIED – See Page 259)

14. Enbridge Pipelines Inc., Ken Hall, Senior Advisory, Public Affairs inviting interested members of the public to attend one of their 15 community open house sessions in Ontario in June 2013 concerning their application to reverse the flow of crude oil on a section of Line 9 between North Westover, Ontario and Montreal and to expand Line 9’s overall annual flow capacity; specifically, Oshawa residents can attend community open house sessions in either Bowmanville or Whitby on June 19, 2013 from 5:00 p.m. to 7:30 p.m.; or, contact Enbridge directly at 1-888-767-3098 or at [email protected]. (CARRIED – See Page 259)

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http://www.cloca.com/resources/2012_AMR_May9_final.pdf

http://www.cloca.com/resources/TM_Annual_Report_2012.pdf

http://www.cloca.com/resources/Wildlife%20Monitoring%20Report%202012.pdf

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Council Minutes June 10, 2013 - Oshawa

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