Public Agenda. Matters Requiring Direction

Transcription

1 Corporate Services Committee Meeting December 5, Minutes of the thirteeth meeting of the Corporate Services Committee for 2016, held in the Council Chamber, Council Building, Oshawa Civic Administration Complex on Monday, December 5, 2016 at 9:30 a.m. Present: Also Present: Councillor McQuaid-England, Chair Councillor Sanders, Vice-Chair Councillor Diamond, Member (entered at 10:19 a.m.) Councillor Kerr, Member Mayor Henry, Ex Officio Councillor Carter (entered at 10:10 a.m. and left at 10:45 a.m.) M. Medeiros, Manager, Support Services, City Clerk Services J. Sharma, City Manager B. Hendry, Commissioner, Corporate Services Department D. Potts, City Solicitor J. Conlin, Director, Municipal Law Enforcement and Licensing Services K. Man, Policy and Research Manager C. Rutherford, Manager, Licensing and Support Services K. Feagan, Manager, Municipal Law Enforcement Services Absent: Councillor Neal, Member Declarations of Pecuniary Interest Presentations Delegations Public Agenda Matters Requiring Direction That Jim Karygiannis, Joel Smith, Donna Sabo, Rita Smith, Michael Craig, John Karkoulas, Tony Vanikiotis, Neal Mattice, Jay Hare and Peter Mandronis,be heard. Carried Jim Karygiannis, Toronto City Councillor, addressed the Corporate Services Committee concerning Transportation Network Companies stating that Council needs to figure out how to legislate them stating they should have similar rules and regulations as taxis and the City should have oversight to ensure they are complying with the requirements. The Committee questioned Jim Karygiannis.

2 501 Joel Smith, on behalf of our Local 222 members at City Wide Taxi addressed the Corporate Services Committee concerning regulating Transportation Network Companies (T.N.C.) stating the City should be enforcing the taxicab by-law and should not lower the standards in the by-law to account for T.NC.s but these companies should also be required to comply with the taxicab by-law. The Committee questioned Joel Smith. Donna Sabo was not in attendance to address the Corporate Services Committee regarding Uber's illegal taxiing within the City of Oshawa. Rita Smith, Executive Director, Toronto Taxi Alliance addressed the Corporate Services Committee concerning Uber stating she has over 30 years experience as a newspaper editor covering the taxi industry in Toronto and now is a lobbyist. Rita Smith stated that she has seen many changes to the Toronto taxi industry over the years and the trend has always been towards improvements for the consumer stating with the regulation of Uber in Toronto, many of these improvements have now been removed.. Rita Smith stated that Uber s model is to drive all the competition out by charging ¼ of the actual fare required and once there is no competition, the rates are increased. Rita Smith urged Oshawa to treat Uber and the taxi industry in the same manner and to make it a level playing field with the same rules and regulations for all. Councillor Carter entered during the delegation. The Committee questioned Rita Smith. Michael Craig, D.D. for the V.I.P., was not in attendance to address the Corporate Services Committee concerning Uber. John Karkoulas addressed the Corporate Services Committee concerning T.N.C.s operating illegally in Oshawa advising the Committee that several ex Uber drivers have applied to work as professional taxi drivers since they are not making money. John Karkoulas stated the taxi industry is getting frustrated that nothing has changed in the past 3 weeks since he submitted a file containing the names and licence plates of people operating as Uber drivers. John Karkoulas submitted additional documents proving Uber is operating in Oshawa. The Committee questioned John Karkoulas. Tony Vanikiotis was not in attendance at this time to address the Corporate Services Committee concerning Transportation Network Companies. Neal Mattice addressed the Corporate Services Committee concerning Transportation Network Companies stating the price of taxi licence plates has significantly dropped in Oshawa, Toronto, New York and other cities where Uber is now operating and requested Uber be required to abide by the taxicab by-law. Councillor Diamond entered the meeting during the delegation.

3 Corporate Services Committee Minutes December 5, Jay Hare, Baird MacGregor Insurance Brokers addressed the Corporate Services Committee concerning the insurance for Transportation Network Companies urging the Committee to thoroughly investigate the insurance requirements for T.N.C.s. Quoting from a F.S.C.O. bulletin excerpt he stated that Uber and all vehicle owners who use their personal vehicles to carry paying passengers should inform their brokers or personal auto insurers or risk not having the proper coverage. Jay Hare submitted a handout containing frequently asked questions regarding Uber and the types of coverage required for each phase while operating as an Uber driver. Councillor Carter left the meeting. Tony Vanikiotis addressed the Corporate Services Committee concerning Transportation Network Companies stating he has been driving for over 40 years and has seen many changes to the taxi industry over that period. Tony Vanikiotis further stated there are many rules and regulations that taxis have to abide by but Uber does not have to and stating that he is not afraid of competition but expects fairness and a level playing field for all. The Committee questioned Tony Vanikiotis. Kathy Platanitis addressed the Corporate Services Committee on behalf of Peter Mandronis concerning Transportation Network Companies and Taxi s stating they both provide the same service except Uber is not abiding by the rules and operating illegally. Kathy Platanitis stated that budgetary constraints is not an excuse to not enforce the by-law and compromise public safety. The Committee questioned Kathy Platanitis. Delegation Requests That Martin Field be heard. Carried on a 2/3 vote of members present Martin Field addressed the Corporate Services Committee concerning Report CORP requesting Council consider adding additional by-law enforcement officers, requesting the City take a closer look at the duties of By-law Enforcement (for example patrolling the downtown area seems to have been downloaded by D.R.P.S.), take a closer look at the personal safety of by-law officers and the complaint procedures related to the intake of animals in distress which may be interpreted by the complainant as intimidation. That the delegation made by Martin Field concerning Report CORP be referred to the report. Carried That the issue concerning Uber and Transportation Network Companies as brought forward by the delegations be referred to CORP Carried

4 503 Correspondence Requests CORP CORP Peter Mandronis Transportation Network Companies and the Taxi Industry Rita Smith Uber Insurance Considerations That Correspondence CORP from Peter Mandronis and Correspondence CORP from Rita Smith be referred to CORP Carried (See Page 7) Referrals From City Council Advisory Committee Reports Additional Agenda-Related Items (requires 2/3 vote to add) That Additional Agenda-Related Correspondence CORP from Martin Field be added to the agenda. Carried on a 2/3 vote of members present CORP Martin Field Submitting Comments Concerning Report CORP That Correspondence CORP from Martin Field concerning Report CORP be referred to the report. Carried Public Consent Agenda That all items listed under the heading of Public Consent Agenda for the December 5, 2016 Corporate Services Committee meeting be adopted as recommended except Reports CORP , CORP , CORP , CORP and CORP Carried Correspondence

5 Corporate Services Committee Minutes December 5, Reports City Clerk Services CORP Corporate Services Committee s Outstanding Items Status Report Fourth Quarter 2016 Corporate Communications Recommendation (Referred - See Page 8) That the Corporate Services Committee recommend to City Council: That Report CORP concerning the Corporate Services Committee s outstanding items status report for the fourth quarter 2016 be received for information. Facilities Management Services Human Resource Services Information Technology Services Municipal Law Enforcement and Licensing Services CORP Noise By-law Exemption Lakeridge Health Recommendation (Tabled - See Page 7) That the Corporate Services Committee recommend to City Council: Whereas, at its September 12, 2016 meeting, the Corporate Services Committee ( Committee ) considered a request from Lakeridge Health Oshawa Hospital ( Hospital ) to establish an exemption in the City s Noise By law ( Noise By-law ) to allow the delivery of critical medical supplies; and, Whereas Committee referred the request to staff for a report; and, Whereas staff have received several noise complaints from residents abutting the Hospital regarding the use of audible alarms, air brakes, banging, loud diesel engines, snow removal noise and loud voices associated with the Hospital operations; and,

6 505 Whereas City staff have met with the Hospital administration and the neighbours/complainants in this matter to consider options to help alleviate this situation; and, Whereas the Hospital and neighbours have not been able to come to an agreement regarding hours of operation and noise impacts; and, Whereas a staff review has determined that the exemption request is appropriate considering: it reflects the need to conduct Hospital operations 24/7 (365 days per year) versus solely a daytime schedule; and, the Ministry of Labour advises that the use of audible alarms for reversing transport trucks is a requirement of safety under the Occupational Health and Safety Act, 1990; and, the operations of a Hospital within the Province of Ontario are governed pursuant to the Province s Public Hospitals Act, 1990; and, the Hospital is a non-residential land use that has existed for almost 100 years, in various forms at this location, and that deliveries and vehicle/person activity around the Hospital has evolved into a 24/7 operational need. 1. Therefore, that Council pass a by-law in the form of Attachment 1 to CORP to amend Noise By-law , as amended, to establish an exemption for the operations of a hospital as defined by the Public Hospitals Act; and, 2. That Lakeridge Health Oshawa Hospital be requested to continue working with neighbours to minimize noise impacts in the surrounding neighbourhoods to the best of their ability. CORP Municipal Law Enforcement Operational Review Recommendation (Carried - See Page 8) That the Corporate Services Committee recommend to City Council: That CORP regarding the Municipal Law Enforcement Operational Review be received for information.

7 Corporate Services Committee Minutes December 5, Legal Services CORP Proposed Amendments to Delegation By-law , as amended, Respecting Corporate Services Recommendation (Amended - See Page 8) That the Corporate Services Committee recommend to City Council: That the amendments to Delegation By-law , as amended, outlined in Report CORP be endorsed and referred to a report by the City Manager for consideration by Council in Committee of the Whole at its meeting on December 19, Other CORP Closed Captioning for Webstreamed Council and Committee Meetings Recommendation (Referred - See Page 9) That the Corporate Services Committee recommend to City Council: That Report CORP dated December 1, 2016 concerning Closed Captioning for Webstreaming Council and Standing Committee Meetings be received for information. Discussion Agenda Matters Excluded From Consent Agenda That the order of the agenda be altered in order to bring forward Report CORP and Item CORP at this time. Carried on a 2/3 vote of members present. That Report CORP be tabled to the January 16, 2017 Corporate Services Committee meeting. Carried That Correspondence CORP and CORP be referred to Item CORP Carried That CORP concerning private sector transportation services in Oshawa be reconsidered. Carried on the following 2/3 vote of members present Affirmative Councillors Diamond, Kerr, McQuaid-England, Sanders and Mayor Henry Negative Absent Councillor Neal

8 507 That CORP be withdrawn. Carried on the following vote Affirmative Councillors Diamond, Kerr, Sanders and Mayor Henry Negative Councillor McQuaid-England Absent Councillor Neal CORP Private Transportation Companies and the Taxi Industry That the delegations presented to the Corporate Services Committee meeting of December 5, 2016 be directed to Municipal Law Enforcement staff for consideration related to private transportation services in the City of Oshawa. Deferred by the following motion: That the motion concerning the information presented by the delegations concerning private transportation companies be deferred to a closed session in order to seek advice that is subject to solicitor-client privilege. Carried (See Page 9) Moved by Councillor Kerr, That Report CORP be referred to the January 16, 2017 Corporate Services Committee meeting. Carried That the Corporate Services Committee adopt the recommendation contained in Report CORP concerning Municipal Law Enforcement Operational Review. Carried That the Corporate Services Committee adopt the recommendation contained in Report CORP concerning the proposed amendments to Delegation By-law , as amended respecting Corporate Services. Carried as amended by later votes That under the heading Communication listed in Item 16.1 of Schedule A to Delegation Bylaw , as amended on page 48 the words Not Applicable be changed to Advise Council. Carried Councillor Sanders assumed the Chair. Moved by Councillor McQuaid-England, That Item 18 of Schedule A to Delegation By-law , as amended on page 63 be referred to Council without a recommendation. Lost on the following vote

9 Corporate Services Committee Minutes December 5, Affirmative Councillors Kerr and McQuaid-England Negative Councillors Sanders and Diamond Absent Councillor Neal and Mayor Henry A request was made to vote on the recommendation contained in Report CORP as amended excluding Item 18 of Schedule A to Delegation By-law , as amended listed on page 63. The vote on the recommendation contained in Report CORP as amended excluding Item 18 of Schedule A to Delegation By-law , as amended listed on page 63 Carried The vote on Item 18 of Schedule A to Delegation By-law , as amended listed on page 63 Carried on the following vote Affirmative Councillors Diamond, Kerr and Sanders Negative Councillor McQuaid-England Absent Councillor Neal and Mayor Henry Moved by Councillor McQuaid-England, That Report CORP and CORP be referred to a special meeting of the Corporate Services Committee on Friday, December 9, 2016 at 9:30 a.m. Carried Items to Be Introduced By Councillors CORP Private Sector Transportation Services in Oshawa Recommendation (Withdrawn See Page 8) That MLELS staff be directed to update previous studies related to private sector transportation services, including taxis, Designated Driving Services and Uber, and report to Corporate Services Committee on options, including related staffing or consultant costs, as well as any opportunity for a cooperative study with interested Durham Region municipalities available to ensure safe, legal private sector transportation services in Oshawa; and, That the continued enforcement of the taxicab by-law be referred to staff for consideration at a subsequent Committee meeting and in the interim standard enforcement continue; and, The costs to enforce the taxicab by-law be considered during the 2017 Budget. Councillor McQuaid-England resumed the Chair.

10 509 Adjournment Moved by Councillor Kerr That the meeting adjourn. Carried The meeting adjourned at 1:08 p.m.