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Oshawa City Council Minutes – May 1, 2017 Page 118 Minutes of a meeting of the Council of the City of Oshawa held in the Council Chamber on May 1, 2017 at 3:30 p.m. Mayor Henry and Councillors Aker, Bates, Carter, Chapman, Kerr, McQuaid-England (entered the meeting at 3:31 p.m.), Neal, Pidwerbecki, Sanders and Shields were present. Mayor Henry presided. Declarations of Pecuniary Interest Councillor Neal made a declaration of pecuniary interest concerning Committee of the Whole Report CM-17-08 concerning the fourth quarter 2016 Shareholder’s Report of the Oshawa Power and Utilities Corporation as his wife is employed by Oshawa P.U.C. Networks Inc. and he did not participate in discussion or voting on this item. 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 Chapman, seconded by Councillor Carter, “That all items listed under the heading of Closed Consent Agenda for the (152) May 1, 2017 Council meeting be adopted as recommended except the confidential verbal report listed as Item 1 of the Committee of the Whole Reports.” Carried Councillor McQuaid-England entered the meeting. Confidential Correspondence Correspondence None. 300

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Oshawa City Council Minutes – May 1, 2017 Page 118 Minutes of a meeting of the Council of the City of Oshawa held in the Council Chamber on May 1, 2017 at 3:30 p.m.

Mayor Henry and Councillors Aker, Bates, Carter, Chapman, Kerr, McQuaid-England (entered the meeting at 3:31 p.m.), Neal, Pidwerbecki, Sanders and Shields were present.

Mayor Henry presided.

Declarations of Pecuniary Interest Councillor Neal made a declaration of pecuniary interest concerning Committee of the Whole Report CM-17-08 concerning the fourth quarter 2016 Shareholder’s Report of the Oshawa Power and Utilities Corporation as his wife is employed by Oshawa P.U.C. Networks Inc. and he did not participate in discussion or voting on this item.

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 Chapman, seconded by Councillor Carter, “That all items listed under the heading of Closed Consent Agenda for the (152)

May 1, 2017 Council meeting be adopted as recommended except the confidential verbal report listed as Item 1 of the Committee of the Whole Reports.” Carried

Councillor McQuaid-England entered the meeting.

Confidential Correspondence

Correspondence

None.

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Oshawa City Council Minutes – May 1, 2017 Page 119

Confidential Committee Reports

Report of the Development Services Committee

None.

Report of the Corporate Services Committee

None.

Report of the Community Services Committee

None.

Report of the Finance Committee

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

1. Assessment Appeals Settlement (FIN-17-31)

Recommendation (Carried - See Page 118)

1. That the proposed settlement of the assessment appeals listed in Attachment 1 of Report FIN-17-31 dated April 13, 2017 be approved; and,

2. That the Treasurer be authorized to execute documents to give effect to the settlement in a form acceptable to the City Solicitor.

Committee of the Whole Reports

1. Visha Sukdeo, Interim Director, Human Resource Services City Manager providing a verbal update on collective bargaining with C.U.P.E. Local 251

(See Page 120)

Motions None.

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Discussion Agenda

Matters Excluded From Consent Agenda Moved by Councillor Chapman, seconded by Councillor Carter,

“That pursuant to Section 239(2)(d) of the Municipal Act related to labour relations (153)and employee negotiations, this meeting be closed to the public in order to receive a verbal update from the Interim Director, Human Resource Services concerning collective bargaining with C.U.P.E. Local 251.” Carried

All Council members were present for the closed meeting. Also present were M. Medeiros, Acting City Clerk; J. Sharma, City Manager; D. Potts, City Solicitor; S. Sinnott, Executive Director; Finance Services/Treasurer; P. Ralph, Commissioner, Development Services Department; R. Diskey, Commissioner, Community Services Department; B. Hendry, Commissioner Corporate Services; V. Sukdeo, Interim Director Human Resource Services; D. Johnston, H.R. Consultant; and L. Davis, Committee Coordinator. All other staff and members of the public left the meeting.

Closed meeting discussions were held.

Moved by Councillor Aker, seconded by Councillor Chapman, “That Council rise from the closed meeting and report.” Carried (154)

Closed Meeting Report

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

The Interim Director, Human Resource Services provided a verbal update on collective bargaining with C.U.P.E. Local 251.

The Interim Director, Human Resource Services responded to questions from Council concerning collective bargaining with C.U.P.E. Local 251.

Closed meeting discussions took place.

This concludes the closed meeting summary report.

Moved by Councillor Kerr, seconded by Councillor Sanders, “That the verbal report from the Interim Director, Human Resource Services (155)

concerning a verbal update on collective bargaining with C.U.P.E. Local 251 be received for information.” Carried

Matters Tabled None.

Moved by Councillor Shields, seconded by Councillor Carter, “That the meeting recess.” Carried (156)

The meeting recessed at 4:17 p.m. and reconvened at 6:30 p.m. All Council members were present following the recess.

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The Durham Elementary Private School Choir sang ‘O Canada’.

Public Agenda

Announcements from Council Members

Various announcements were made relating to activities and events.

Declarations of Pecuniary Interest

(See Page 118)

Presentations

Linda Lowry, a Heads Up! Durham volunteer provided a presentation concerning brain injury awareness, prevention and support.

Council questioned Linda Lowry.

Moved by Councillor Chapman, seconded by Councillor McQuaid England “That the order of the agenda be altered to bring forward the proclamation request (157)

to proclaim June 2017 as ‘Brain Injury Awareness Month’ at this time.” Carried on a 2/3 vote of members present

Moved by Councillor Chapman, seconded by Councillor Carter, “That Oshawa City Council proclaim June 2017 as ‘Brain Injury Awareness Month’ (158)

and that the flag be raised on June 1, 2017 and flown for the month of June.” Carried

Delegations/Delegation Requests

Delegations

None.

Delegation Requests (requires 2/3 vote)

None.

Correspondence Requests

1. Community Living Oshawa/Clarington requesting that Oshawa City Hall shine outdoor lights in blue and green for the entire month of May in recognition of ‘Community Living Month’.

Moved by Councillor Chapman, seconded by Councillor Kerr, “That City Council place outdoor spotlights, in blue and green, in the south garden (159)

of Civic Square for the month of May to recognize ‘Community Living Month’.” Carried

Councillor Kerr temporarily left the meeting.

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Additional Agenda-Related Correspondence

Moved by Councillor Carter, seconded by Councillor Shields, “That Attachment 1 to Item 7 of the Third Report of the Finance Committee (160)

(FIN-17-34) be replaced as revised to reflect the new, Multi Residential Tax Class ‘N.T.’ on the Consent Agenda for the May 1, 2017 Council meeting.” Carried on a 2/3 vote of members present

Councillor Kerr re-entered the meeting.

Public Consent Agenda

Moved by Councillor Chapman, seconded by Councillor Carter, “That all items listed under the heading of Public Consent Agenda for the (161)

May 1, 2017 Council meeting be adopted as recommended except:

Item 3 of the Fifty-seventh Report of the Development Services Committee; Item 4 of the Thirty-fourth Report of the Community Services Committee; Items 1 and 2 of the Third Report of the Finance Committee; and, Committee of the Whole Reports CM-17-04, CM-17-05 and CM-17-08.” Carried

Adoption of Minutes

That the minutes of the City Council regular meeting held on April 10, 2017 be adopted. (Carried - See Page 122)

Correspondence

Correspondence – Received and Filed

That correspondence listed in Appendix A to the Public Agenda for the May 1, 2017 Council meeting be received and filed. (Carried - See Page 122)

Correspondence

None.

Advisory Committee Meeting Minutes

61. Oshawa Environmental Advisory Committee

Recommendation (Carried - See Page 122)

That the minutes of the Oshawa Environmental Advisory Committee meeting of April 4, 2017 be received for information.

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62. Oshawa Active Transportation Advisory Committee

Recommendation (Carried - See Page 122)

That the minutes of the Oshawa Active Transportation Advisory Committee meeting of April 5, 2017 be received for information.

63. Oshawa Accessibility Advisory Committee

Recommendation (Carried - See Page 122)

That the minutes of the Oshawa Accessibility Advisory Committee meeting of April 18, 2017 be received for information.

Standing Committee Reports

Report of the Development Services Committee

The Development Services Committee respectfully reports and recommends to City Council its Fifty-seventh Report.

1. Declaration of Certain City-owned Lands as Surplus: (1) Portion of the Old Fox Street Road Alignment, West of the Intersection at Champlain Avenue and Realigned Fox Street; and (2) Cabot Street Road Allowance South of King Street West, West of Stevenson Road South (DS-17-83)

Recommendation (Carried - See Page 122)

1. That pursuant to Report DS-17-83 dated April 20, 2017, the City-owned portion of the old Fox Street road alignment located west of the intersection at Champlain Avenue and the realigned Fox Street as identified on Attachment 1 to Report DS-17-83 be declared surplus to municipal needs and requirements; and,

2. That pursuant to Report DS-17-83 dated April 20, 2017, the City-owned Cabot Street road allowance located south of King Street West, west of Stevenson Road South, as identified on Attachment 6 to Report DS-17-83 be declared surplus to municipal needs and requirements; and,

3. That pursuant to Report DS-17-83 dated April 20, 2017, the City-owned portion of the old Fox Street road alignment located west of the intersection at Champlain Avenue and the realigned Fox Street and the City-owned Cabot Street road allowance located south of King Street West, west of Stevenson Road South as identified on Attachments 1 and 6 to Report DS-17-83 respectively, be formally closed by by-law as a public highway and that the notice requirements of the City’s Notice By-law 147-2007, as amended, be waived given the previous notices that were provided during the process to declare the land as potentially surplus.

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2. Declaration of Certain City-owned Lands as Surplus: A Portion of 625 Raleigh Avenue (DS-17-85)

Recommendation (Carried - See Page 122)

1. That pursuant to Report DS-17-85 dated April 20, 2017, the requirements to declare a City-owned property first as potentially surplus and all notice requirements in accordance with By-law 97-2000 be waived in relation to the land located at 625 Raleigh Avenue; and,

2. That pursuant to Report DS-17-85 dated April 20, 2017, the portion of the City-owned land located at 625 Raleigh Avenue described in Section 5 of Report DS-17-85 be declared surplus to municipal needs and requirements.

3. Application Under the University and College Area Renaissance Community Improvement Plan, 1720-1800 Simcoe Street North, 1800 Simcoe Street North Ltd. (DS-17-86)

Recommendation (Carried - See Page 135)

That pursuant to Report DS-17-86 dated April 20, 2017, the application submitted by 1800 Simcoe Street North Ltd. for an Increased Assessment Grant under the City’s University and College Area Renaissance Community Improvement Plan for the development of apartment buildings (stacked townhouses) and flats at 1720 to 1800 Simcoe Street North be approved in accordance with the comments in this Report.

Report of the Corporate Services Committee

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

1. Municipality of Clarington – Banning Balloon Releases (CORP-17-16)

Recommendation (Carried - See Page 122)

That City Council support the Municipality of Clarington’s resolution to ban the mass release of balloons and to recommend the Ministry of the Environment take appropriate measures to address this environmental issue.

2. Process Improvements to Residential Rental Housing Licensing Demerit Point System (CORP-17-18)

Recommendation (Carried - See Page 122)

Whereas the Corporate Services Committee (‘Committee’) considered Report CORP-15-62 ‘Program Evaluation of the Residential Rental Housing Licensing Demerit Point System’ at its meeting on May 25, 2015; and,

Whereas Committee referred Report CORP-15-62 back to staff and generally directed that staff examine technological solutions and other supports to automate the tracking and continue the oversight of the Residential Rental Housing Licensing Demerit Point System (R.R.H.L. D.P.S.); and,

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Whereas Municipal Law Enforcement and Information Technology staff evaluated the R.R.H.L. D.P.S. and introduced enhancements to administrative processes and semi-automated the assignment of demerit points within the Oshawa Land Information system; and,

Whereas staff implemented and tested the enhancements from December 2016 to date revealing net benefits and an approximate prorated cost savings of $44,500 or 1,217 staff hours per two-year period; and,

Whereas notwithstanding these improvements, staff are cautious to note that the R.R.H.L. D.P.S processes and tracking technology are still very complex and need to be monitored on an ongoing basis to measure the value of the process; and,

Whereas any future expansion of the R.R.H.L. D.P.S. or introduction of a demerit point system to other business licensing classes needs to be thoroughly considered to ensure that the tracking is: effective, simple, manageable, and is of such a quality that it will produce tangible results that improve business processes and/or respond to customers’ needs;

Therefore be it resolved:

1. That staff continue to monitor the effectiveness and efficiency of the Residential Rental Housing Licensing Demerit Point System and report back to Committee on potential vulnerabilities, if applicable; and,

2. That Item 5 on the Corporate Services Committee’s Outstanding Items Status Report being ‘Program Evaluation of the Residential Rental Housing Licensing Demerit Point System’ and ‘Mark Bernacki – Removal of Residential Rental Housing Licensing Demerit Point System’ be removed.

3. Corporate Services Committee’s Outstanding Items Status Report – April 2017 (CORP-17-17)

Recommendation (Carried - See Page 122)

That Report CORP-17-17 dated April 20, 2017 concerning the Corporate Services Committee’s Outstanding Items Status Report as of April 2017 be received for information.

4. Gord Vickers – Ongoing Litigation Concerning the Transit Amalgamation Agreement Dispute (CORP-17-19)

Recommendation (Carried - See Page 122)

1. That the correspondence from Gord Vickers regarding ongoing litigation between the City of Oshawa and the Region of Durham concerning the Regional Transit amalgamation agreement be referred to the City Solicitor for a direct response as soon as possible; and,

2. That the Corporate Services Committee receive a copy of the response sent by City Solicitor.

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Report of the Community Services Committee

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

1. Fleet Purchasing and Inventory Management Audit (CS-17-19)

Recommendation (Carried - See Page 122)

1. That Report CS-17-19 dated April 13, 2017 and Attachment 1, being the K.P.M.G. Audit Report for Fleet Purchasing and Inventory Management be received for information; and,

2. That the recommendations and management responses in the K.P.M.G. Audit Report be endorsed as the general basis for implementing improvements within Fleet Services; and,

3. That staff report back and answer the following questions:

‘a) Did NAPA meet their required 80% for February, March, or April, and what was the percentage?; and,

b) Since the contract, how many times were we under 80% and what was the percentage?; and,

c) How many fleet vehicles cannot be ordered through NAPA, and does it affect costs?’.

2. Proposed Parking Regulation Changes on Frances Street (CS-17-45)

Recommendation (Carried - See Page 122)

1. That based on Report CS-17-45 dated April 13, 2017, Traffic By-law 79-99 as amended, be further amended to prohibit parking on the west side of Frances Street between Adelaide Avenue West and Elgin Street West from 8:00 a.m. to 4:00 p.m., Monday to Friday; and,

2. That a copy of this report be sent to the representative from Frances Street.

3. Approval of Respect Check Policy: Code of Conduct for Parks, Recreation and Cultural Facilities (CS-17-12)

Recommendation (Carried - See Page 122)

1. That based on Report CS-17-12 dated April 13, 2017, the Respect Check: Code of Conduct Policy for Parks, Recreation and Culture facilities be approved as presented in Attachment 1; and,

2. That Council support the application for the City of Oshawa to become a ‘True Sport’ community.

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4. Follow up to CS-16-102: Requests from the Durham Catholic District School Board to Retain an Existing Building at the Former Conant Street Works Yard and to Advance a Shared Sports Field Development at Monsignor John Pereyma C.S.S., 316 Conant Street (CS-17-44)

Recommendation (Carried - See Page 135)

1. That pursuant to Report CS-16-102 dated December 2, 2016 and based further on Report CS-17-44 dated April 13, 2017:

a. The surviving post-lease obligation contained in Section 6.4 of the former lease agreement between The Durham Catholic District School Board (D.C.D.S.B.) and the City of Oshawa that permitted the City to operate the former Conant Street Works Yard (Depot) up to January 1, 2012, which was extended to December 31, 2013 through a subsequent lease extension agreement on lands at 370 Conant Street previously owned by the City but which were transferred to the D.C.D.S.B. through a purchase and sale agreement dated October 17, 2001 to expand the Board’s holdings at Monsignor John Pereyma Catholic Secondary School (Pereyma), be amended in part so as to allow the remaining building at the former Depot to be retained and used by the D.C.D.S.B. rather than demolished; and, that the Commissioner, Development Services Department be authorized to execute the amending agreement subject to the terms, conditions and requirements as generally set out in said Reports and be to the satisfaction of the City Solicitor and the Commissioner, Development Services Department; and,

b. The Commissioner, Community Services Department be authorized to enter into a partnership agreement with the D.C.D.S.B. to advance the joint development of a shared use sports field facility, including a track, vehicular drive through with parking and a bus layby, and outdoor lighting at an estimated cost of $250,000, on certain lands at Pereyma that were formerly used as part of the Conant Street Works Yard and on abutting lands to the east owned by the City forming part of Conant Park, consistent with the terms, conditions and requirements as generally set out in said Report, and in a form and content satisfactory to the City Solicitor and Commissioner. Community Services Department; and,

c. That the outdoor lighting at an estimated cost of $250,000 be added to the 2018 Capital Budget for Council’s consideration; and,

d. That the redevelopment of Conant Park at an estimated cost of $300,000 be added to the 2018 Capital Budget for Council’s consideration; and,

2. That Council reconsider its decision with respect to bus access and egress from Conant Street implemented pursuant to Report DS-01-266 dated November 13, 2001, whereby buses were prohibited from using the easterly access to or from Conant Street, located between 362 and 373 Conant Street, connecting Conant Street to the Pereyma lands; and,

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3. That the Commissioner, Development Services Department or Director, Planning Services be authorized to amend the Amending Site Plan Agreement dated July 19, 2004 between the D.C.D.S.B. and the Corporation of the City of Oshawa registered on June 15, 2005 as Instrument DR396914, to remove the prohibition on buses from using the easterly driveway access to or from Conant Street, located between 362 and 372 Conant Street, connecting Conant Street to the Pereyma lands, in a form and content satisfactory to the City Solicitor and Commissioner, Development Services Department.

Report of the Finance Committee

The Finance Committee respectfully reports and recommends to City Council its Third Report. 1. We Grow Food Financial Assistance (FIN-17-36)

Recommendation (Carried - See Page 136)

Whereas We Grow Food in partnership with Feed the Need is a registered not for profit; and,

Whereas We Grow Food has over 30,000 square feet of gardens growing in 2015 which produces over 21,000 pounds of food; and,

Whereas two of the We Grow Food gardens are located in high priority needs neighbourhoods in Oshawa; and,

Whereas these gardens help feed hundreds of families at South Patch Neighbourhood Garden, Pepper Patch and Berry Patch Neighbourhood Gardens; and,

Whereas these neighbourhoods have financial requirements in order to operate and grow food;

Therefore be it resolved, notwithstanding Council policy and the legal agreement with We Grow Food:

1. That a one-time funding for insurance coverage estimated at $1,500 come from the Partnership Grant Contingency Fund; and,

2. That the soil needed for the Pepper Patch, Berry Patch and South Patch Neighbourhood Gardens be supplied by the Community Services Department; and,

3. That the exact amount of the in kind services be determined at a later date.

2. Contract O 17-02 Under Contract with Coco Paving Inc. (FIN-17-37)

Recommendation (Carried - See Page 136)

Whereas in the 2016 Budget, City Council committed $1,387,000 to the reconstruction of Eastwood Avenue, Herbert Street, and Carswell Avenue; and,

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Whereas Coco Paving Inc., as the lowest bidder, has submitted a bid of $1,313,365.18 (excluding H.S.T.) to perform this work; and,

Whereas the total net cost to the City to deliver this reconstruction work is now $1,587,000 which includes such costs as the Coco Paving Inc. reconstruction bid (excluding H.S.T.), engineering administration and design, a contingency, utility relocation and the non-rebateable H.S.T.; and,

Whereas the Purchasing By-Law stipulates that in the event the lowest responsive and responsible bid received results in an exceedance to the approved budget, a report needs to be submitted to the appropriate Standing Committee and Council for approval; and,

Whereas an additional $200,000 of funding is required for the Eastwood, Herbert and Carswell Reconstruction Project which can be funded from the Subdividers Fixed Charges Reserve;

Therefore be it resolved, that the additional funding be approved; and further, that the Manager, Purchasing Services be authorized to award a contract to Coco Paving Inc., in the amount of $1,313,365.18 (excluding H.S.T.), being the lowest responsive and responsible bid received.

3. Internal Audit - Spring Implementation Status Report (FIN-17-21)

Recommendation (Carried - See Page 122)

That Report FIN-17-21 dated April 13, 2017 concerning a spring 2017 status update of the implementation of internal audit recommendations be received for information.

4. Request for Tender C2017-009 - Oshawa Executive Airport Runway Rehabilitation (FIN-17-24)

Recommendation (Carried - See Page 122)

That the Manager, Purchasing Services be authorized to award a contract as detailed in Report FIN-17-24 dated March 31, 2017 ‘Request for Tender C2017-009 Oshawa Executive Airport Runway Rehabilitation’ to Metric Contracting Services Corporation, in the amount of $5,476,693 including all taxes, being the lowest responsive and responsible bid received.

5. Appointment of Deputy Treasurer (FIN-17-30)

Recommendation (Carried - See Page 122)

Whereas a municipality may appoint one or more Deputy Treasurers who shall have all the powers and duties of the Treasurer; and,

Whereas a Deputy Treasurer should be appointed to fulfil the duties of the Treasurer during absences to ensure that both the legislative requirements of the Treasurer are fulfilled and the City’s administrative and reporting responsibilities are carried out without interruption;

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Therefore be it resolved, that Michelle Bretherick be appointed as a Deputy Treasurer for The Corporation of the City of Oshawa.

6. 2017 First Quarter Members of Council Expense Report (FIN-17-33)

Recommendation (Carried - See Page 122)

That Report FIN-17-33 dated April 13, 2017 concerning the 2017 First Quarter Members of Council Expense Report be received for information.

7. 2017 Final Tax Billing By-Law (FIN-17-34)

Recommendation (Carried - See Page 122)

That Report FIN-17-34 dated April 12, 2017 concerning the 2017 Final Tax Billing By-law providing for the billing and collection of the 2017 final tax levy for all property classes be approved.

8. Consulting Services for a Risk Assessment Study for the Durham Consolidated Courthouse Site, 150 Bond Street East (FIN-17-35)

Recommendation (Carried - See Page 122)

Whereas on December 19, 2016 City Council considered Report DS-16-197 concerning a proposed Risk Assessment Study for the Durham Consolidated Courthouse (D.C.C.) site located at 150 Bond Street East and referred the financial implications related to the study to the 2017 Budget deliberations; and,

Whereas Report DS-16-197 recommended that the funding for the study in the amount of $150,000 excluding H.S.T. be referred to the 2017 Budget deliberations; and,

Whereas Report DS-16-197 indicated that the Risk Assessment Study would only proceed if Infrastructure Ontario commits to the results of the Risk Assessment Study in an amending agreement with the City or if the Ministry of the Environment and Climate Change (M.O.E.C.C.) issues an order to the City requiring a Risk Assessment; and,

Whereas Report DS-16-197 indicated that staff would prepare a subsequent report for open session for Council to authorize that Golder Associates Ltd. (Golder) be retained to undertake the Risk Assessment Study as a single source given their experience at the site; and,

Whereas Report DS-16-197 includes a proposal submitted by Golder to complete a Risk Assessment Study and new Record of Site Condition for the subject site in the amount of $90,600 (excluding H.S.T.) subject to a number of additional costs unknown at this time; and,

Whereas on January 25, 2017 City Council approved the 2017 City Budget which included $75,000 for the proposed Risk Assessment Study with an understanding that an additional $75,000 would be included in the 2018 City Budget since the study timeframe would be over a two year period; and,

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Whereas the (M.O.E.C.C.) issued a Compliance Summary Inspection Report dated March 15, 2017 which focused on the environmental systems and monitoring of the Updated Remedial Action Plan for the subject site; and,

Whereas the Inspection Report requires the City to submit by April 30, 2017 to the provincial M.O.E.C.C. officer, a plan to initiate a risk assessment as recommended in Golder’s ‘2013 Annual Report’ and the City’s December 1, 2016 Development Services Report (DS-16-197). This plan should include a discussion of risk assessment components, approximate schedule, and discussion of stakeholder outreach, interim site operations, and potential contingencies and/or impediments as applicable; and,

Whereas in order for staff to appropriately respond to the M.O.E.C.C. direction it is important for Council to approve retaining Golder to undertake the Risk Assessment Study and new Record of Site Condition, if necessary, in the event a Risk Assessment Study is to be advanced; and,

Whereas Golder has been the City’s environmental consultant related to matters at the D.C.C. site for many years and therefore it is appropriate for Golder to complete the Risk Assessment Study and, if necessary, a new Record of Site Condition for the site; and,

Whereas Purchasing By-law 45-2016 stipulates that single sourcing of professional/consulting services greater than $50,000 requires Council approval in advance of engaging the consultant;

Therefore be it resolved, that in the event Infrastructure Ontario commits to the results of the Risk Assessment Study in an amending agreement with the City or if the Ministry of the Environment and Climate Change issues an order to the City requiring a Risk Assessment, the requirements of Purchasing By-law 45-2016 be waived; and,

The Manager of Purchasing Services be authorized to negotiate a single source contract with Golder Associates Ltd. for the completion of a Risk Assessment Study and, if necessary, a new Record of Site Condition for the Durham Consolidated Courthouse site at 150 Bond Street East in an amount not to exceed $150,000 (excluding H.S.T.).

9. 2014 Development Charge By-law Amendment Update (FIN-17-28)

Recommendation (Carried - See Page 122)

That Report FIN-17-28 dated April 13, 2017 concerning the 2014 Development Charge By-law Amendment Update, be received for information.

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Committee of the Whole Reports

1. Jag Sharma, City Manager, Submitting Report CM-17-04 Concerning the City of Oshawa/ Oshawa Senior Citizens Centres (O.S.C.C.) Governance Relationship Audit

Recommendation (Amended - See Page 134)

1. That Report CM-17-04 dated April 27, 2017 and Attachment 1, being the K.P.M.G. City of Oshawa/Oshawa Senior Citizens Centres (O.S.C.C.) Governance Relationship Audit Report, be received for information; and,

2. That the recommendations and management responses in the K.P.M.G. Audit Report be endorsed as the general basis for improving upon the governance relationship.

2. Jag Sharma, City Manager, Submitting Report CM-17-05 Concerning the Asset Management Audit

Recommendation (Carried - See Page 135)

1. That Report CM-17-05 dated April 27, 2017 and Attachment 1, being the K.P.M.G. Audit Report for asset management, be received for information; and,

2. That the recommendations and management responses in the K.P.M.G. Audit Report be endorsed as the general basis for improvements to asset management.

3. Jag Sharma, City Manager, Submitting Report CM-17-08 Concerning the Oshawa Power and Utilities Corporation Report to the Shareholder - 2016 Fourth Quarter Activity Report

Recommendation (Carried - See Page 135)

That Report CM-17-08 dated April 27, 2017 and attached correspondence from the Oshawa Power and Utilities Corporation reporting on fourth quarter activity for 2016, be received for information.

Motions

“That City Council proclaim:

May 8 to 14, 2017 as ‘Nursing Week’;

May 17, 2017 as ‘Just Give Initiative’s Official Day of Spreading Kindness’ and that the flag be raised at City Hall on May 2, 2017 and flown until May 17, 2017;

May 17, 2017 as ‘International Day against Homophobia/Transphobia’ and that the Rainbow Flag be raised at City Hall on May 17, 2017 and flown until June 17, 2017;

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May 21 to 27, 2017 as ‘National Public Works Week’;

June 2017 as ‘Brain Injury Awareness Month’ and the flag be raised on June 1, 2017 and flown for the month of June (See Page 121)

June 2017 as ‘Italian Heritage Month’ and the Italian Flag be raised at City Hall on June 1, 2017 and flown for the month of June;

June 2017 as ‘Recreation and Parks Month’;

June 2017 as ‘Bike Month’.” (Carried - See Page 122)

By-laws

29-2017 A By-law to Adopt Tax Estimates and Establish Tax Rates. (Implements direction of April 24, 2017 through Item 7 of the Third Report of the Finance Committee to adopt the estimates of all sums required by taxation for the year 2017 and to establish the tax rates necessary to raise those sums.) (Carried - See Page 122)

30-2017 A By-law to Amend Zoning By-law 60-94, as amended. (Implements direction of the Commissioner of Development Services to lift the ‘h-14’ holding symbol from the R1-E(25) zoning for certain lands located north of Greenhill Avenue and west of Grandview Street North.) (Carried - See Page 122)

31-2017 A By-law to appoint a Deputy Treasurer. (Implements direction of April 20, 2017 through Item 5 of the Third Report of the Finance Committee to appoint Michelle Bretherick as Deputy Treasurer.) (Carried - See Page 122)

32-2017 A By-law to amend Traffic By-law 79-99, as amended. (Implements direction of April 20, 2017 through Item 2 of the Thirty-Fourth Report of the Community Services Committee to prohibit parking on the west side of Frances Street between Adelaide Avenue West and Elgin Street West from 8:00 a.m. to 4:00 p.m., Monday to Friday.) (Carried - See Page 122)

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Discussion Agenda

Matters Excluded From Consent Agenda

Moved by Councillor McQuaid-England, seconded by Councillor Carter, “That the order of the agenda be altered in order to consider Committee of the (162)

Whole Reports CM-17-04, CM-17-05 and CM-17-08 at this time.” Carried by later votes

The motion was divided in order to vote on considering Committee of the Whole Report CM-17-08 separately.

The vote to alter the agenda to consider Committee of the Whole Reports CM-17-04 and CM-17-05 carried.

The vote to alter the agenda to consider Committee of the Whole Report CM-17-08 carried.

Moved by Councillor McQuaid-England, seconded by Councillor Bates, “That Council proceed into Committee of the Whole to consider Reports CM-17-04, CM-07-05 and CM-07-08.” Lost by later votes

The motion was divided to vote on moving into Committee of the Whole to consider Report CM-17-08 separately.

The vote to go into Committee of the Whole to consider Reports CM-17-04 and CM-07-05 Lost on the following vote

Affirmative – Councillors Bates, McQuaid-England, Neal and Shields

Negative – Councillors Aker, Carter, Chapman, Kerr, Pidwerbecki, Sanders and Mayor Henry

Absent – None

The vote to go into Committee of the Whole to consider Report CM-17-08.” Lost on the following vote

Affirmative – Councillors Bates, McQuaid-England and Shields

Negative – Councillors Aker, Carter, Chapman, Kerr, Pidwerbecki, Sanders and Mayor Henry

Absent - None

Conflict of Interest – Councillor Neal

Moved by Councillor Chapman, seconded by Councillor Carter, “That Council adopt the recommendation contained in Report CM-17-04 concerning (163)

the City of Oshawa/Oshawa Senior Citizens Centres Governance Relationship Audit.” Carried as amended

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Moved by Councillor McQuaid-England, seconded by Councillor Neal, “That the motion be amended to add the words ‘and as outlined in Option 3 on (164)

Page 814, City Council endorses the current hybrid model.” Carried on the following vote

Affirmative – Councillors Aker, Bates, Carter, Chapman, Kerr, McQuaid-England, Neal, Pidwerbecki, Sanders, Shields and Mayor Henry

Negative – None

Absent – None

The vote on the motion carried as amended.

Moved by Councillor Chapman, seconded by Councillor Carter, “That Council adopt the recommendation contained in Report CM-17-05 concerning (165)

the Asset Management Audit.” Carried

Moved by Councillor Chapman, seconded by Councillor Carter, “That Council adopt the recommendation contained in Report CM-17-08 concerning (166)

the Oshawa P.U.C. Networks 2016 Fourth Quarter Activity Report.” Carried on the following vote

Affirmative – Councillors Aker, Bates, Carter, Chapman, Kerr, McQuaid-England, Pidwerbecki, Sanders, Shields and Mayor Henry

Negative – None

Absent – None

Conflict of Interest – Councillor Neal

Moved by Councillor Chapman, seconded by Councillor Carter, “That Council adopt the recommendation contained in Item 3 of the Fifty-seventh (167)

Report of the Development Services Committee.” Carried on the following vote

Affirmative – Councillors Aker, Bates, Carter, Chapman, Kerr, Neal, Pidwerbecki, Sanders, Shields and Mayor Henry

Negative – Councillor McQuaid-England

Absent - None

Moved by Councillor Kerr, seconded by Councillor Neal, “That the meeting recess.” Carried

The meeting recessed at 8:37 p.m. and reconvened at 8:52 p.m. All members of Council were present following the recess.

Moved by Councillor Chapman, seconded by Councillor Carter, “That Council adopt the recommendation contained in Item 4 of the Thirty-fourth (168)

Report of the Community Services Committee.” Carried

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A request was made to divide the recommendation to vote on Part 2 separately.

The vote on Part 2 carried on the following two-thirds vote of members present

Affirmative – Councillors Aker, Bates, Carter, Chapman, Kerr, McQuaid-England, Neal, Pidwerbecki, Sanders, Shields, and Mayor Henry

Negative – None

Absent – None

The vote on Parts 1 and 3 carried.

Moved by Councillor Chapman, seconded by Councillor Carter, “That Council adopt the recommendation contained in Item 1 of the Third Report of (169)

the Finance Committee.” Carried on the following vote

Affirmative – Councillors Aker, Bates, Carter, Chapman, Kerr, McQuaid-England, Neal, Pidwerbecki, Sanders, Shields and Mayor Henry

Negative – None

Absent – None

Moved by Councillor Chapman, seconded by Councillor Carter, “That Council adopt the recommendation contained in Item 2 of the Third Report of (170)

the Finance Committee.” Carried on the following vote

Affirmative – Councillors Aker, Bates, Carter, Chapman, Kerr, McQuaid-England, Neal, Pidwerbecki, Sanders, Shields and Mayor Henry

Negative – None

Absent – None

Matters Tabled

No matters were lifted from the table.

Notices of Motion

None.

Confirming By-Law

Moved by Councillor Chapman, seconded by Councillor Carter, “That the confirming by-law be passed.” Carried (171)

33-2016 A by-law to confirm the City Council meeting of May 1, 2017

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Adjourn

Moved by Councillor Kerr, seconded by Councillor Sanders, “That the meeting adjourn.” Carried (172)

The meeting adjourned at 9:05 p.m.

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City Council Minutes Appendix A

May 1, 2017 Page 138

For your information, the following correspondence received by the City Clerk will be filed following City Council’s meeting of May 1, 2017:

1. Regional Municipality of Durham, Ralph Walton, Regional Clerk forwarding Regional Council’s ‘Age-Friendly Durham Strategy and Action Plan’, and, forwarding a copy of Report#2017-COW-75 to the area municipalities. (Carried - See Page 122)

2. Forests Ontario, Rob Keen, CEO, advising it is marking Ontario150 and Canada's sesquicentennial by celebrating the rich legacy of our forests and by establishing future forests; and, inviting staff and residents to get involved in the launch of two initiatives: The Heritage Tree Program and Ontario’s Green Leaf Challenge. (Carried - See Page 122)

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