Oshawa City Council

Minutes

-
Council Chamber
Present:
  • Mayor Carter
  • Councillor Chapman
  • Councillor Giberson
  • Councillor Gray
  • Councillor Kerr
  • Councillor Lee
  • Councillor Marimpietri
  • Councillor Marks
  • Councillor McConkey
  • Councillor Nicholson
Absent:
  • Councillor Neal

The Mayor called the meeting to order and stated that all members of Council were participating from the Chamber except Councillor Neal who was absent. 

The City of Oshawa sits on treaty land that is steeped in rich Indigenous history and is the present day home to many First Nations, Métis and Inuit peoples. We
acknowledge that we live and work on land covered under the Williams Treaties, and the traditional territories of the Mississaugas of Scugog Island First Nation.

We acknowledge this land out of respect for the many Indigenous nations who have cared for the lands and waters from the beginning of time and still do so today. We extend our gratitude and appreciation for the opportunity to live and work on this territory.

We are committed to understanding the truth of our shared history, confronting our past and present, and building a better future together in true reconciliation.

We are all Treaty people.

Various announcements were made relating to activities and events.

  • Moved byCouncillor Chapman
    Seconded byCouncillor Gray

    That the delegation of Ross Brygadyr concerning By-law 107-2024 and the delegation of Ian McCutchean concerning Report ED-24-100 be added to the agenda; and

    That Correspondence CNCL-24-109 from Dean Hickey submitting comments concerning Report CNCL-24-103; 

    Correspondence CNCL-24-110 from the Durham Region Home Builders' Association submitting comments concerning Notice of Motion CNCL-24-92; and,

    Correspondence CNCL-24-111 from Emily Posteraro submitting comments concerning Notice of Motion CNCL-24-89, be added to the agenda for the meeting of September 23, 2024 and be referred to the respective items.

    Carried

Councillor Giberson declared a conflict of interest as he is an Officer and Director of Mosaic Non-Profit Housing, which has expressed an interest in the property referenced in Amendment 2 and did not take part in discussion or voting on the matter.

Councillor Giberson declared a conflict of interest as he is the named Councillor in the report and did not take part in discussion or voting on the matter.

  • Councillor McConkey declared a conflict on this item. (Councillor McConkey declared a conflict of interest on CNCL-24-103 and did not take part in discussion or voting on the matter.)

Councillor Marimpietri declared a conflict of interest as he is a party to the matter and did not take part in discussion or voting on the matter.

Councillor McConkey declared a conflict of interest on CNCL-24-103 and did not take part in discussion or voting on the matter.

Janice Atwood from Principles Integrity provided a presentation to City Council concerning Report CNCL-24-103 being the recommendation report regarding Councillor Derek Giberson. 

Members of Council questioned Janice Atwood.

  • Moved byCouncillor Chapman
    Seconded byCouncillor Giberson

    That the delegation of Diane Stephen, Ross Brygadyr and Ian McCutchean  be heard.

    Carried

Diane Stephen, Chair, Heritage Oshawa addressed City Council concerning Report ED-24-100 regarding the proposed demolition of 291 Thornton Road North.

Members of Council questioned Diane Stephen.

Ross Brygadyr was not in attendance to address City Council concerning By-law 107-2024 regarding the change of the name of Bagot Street to Debwewin Miikan in the City of Oshawa

Ian McCutchean  addressed City Council concerning Report ED-24-100 regarding the proposed demolition of 291 Thornton Road North.

Members of Council questioned Ian McCutchean.

  • Councillor Giberson declared a conflict on this item. (Councillor Giberson declared a conflict of interest as he is the named Councillor in the report and did not take part in discussion or voting on the matter.)
  • Moved byCouncillor Chapman
    Seconded byCouncillor Lee

    That Report CNCL-24-103 being a recommendation report from Principles Integrity concerning Councillor Derek Giberson be received for information.

    Affirmative (8)Mayor Carter, Councillor Chapman, Councillor Gray, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor Nicholson, and Councillor Lee
    Conflict (2)Councillor Giberson, and Councillor McConkey
    Absent (1)Councillor Neal
    Carried (8 to 0)
  • Moved byCouncillor Chapman
    Seconded byCouncillor Giberson

    That Correspondence CNCL-24-107 submitted by Marvin Rotrand, Director General, United Against Hate Canada concerning the 20th anniversary of the Montreal - Manila Friendship Agreement be received for information. 

    Carried
  • Moved byCouncillor Chapman
    Seconded byCouncillor Gray

    That all items listed under the heading of Public Consent Agenda for the City Council Meeting dated September 23, 2024 be adopted as recommended except for the following:

    Items CO-24-48 and CO-24-50 from the Eighteenth Report of the Community and Operations Services Committee; and

    Items CF-24-54, CF-24-55 and related By-law 109-2024, CF-24-56 and CF-24-58 from the Twentieth Report of the Corporate and Finance Services Committee; and

    Items ED-24-91 and related By-laws 111-2024 and 112-2024, and ED-24-102 from the Thirty-fourth Report of the Economic and Development Services Committee; and 

    Items SF-24-34 and SF-24-41 from the  Eighteenth Report of the Safety and Facilities Services Committees. 

    Affirmative (8)Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Kerr, Councillor Marimpietri, Councillor Nicholson, and Councillor Lee
    Negative (1)Councillor McConkey
    Absent (2)Councillor Marks, and Councillor Neal
    Carried (8 to 1)
  • That the minutes of the City Council meeting held on June 24, 2024  be adopted as recommended. 

  • That Correspondence CNCL-24-105 dated September 16, 2024, from Paul Dube, Ombudsman of Ontario concerning complaints about a meeting held by the Corporate and Finance Services Committee on March 4, 2024, stating the City complied with Open Meeting requirements set out in the Municipal Act, 2001, be received for information. 

  • That Correspondence CNCL-24-106 concerning a petition in support of Notice of Motion CNCL-24-89 regarding City Council examining the use of municipality-owned lands for affordable housing purposes be referred to the Notice of Motion. 

  • That Correspondence CO-24-41  dated June 28, 2024, from Christeen Thornton concerning educational plaques at Ed Broadbent Park be  referred to staff to report back to the appropriate Standing Committee on the stakeholder consultation process, potential plaque content, size, location and cost.

  • That Report CO-24-42, being the Community and Operations Services Committee Outstanding Items Status Report for the Third Quarter 2024, be received for information

  • That based on Item CO-24-43 being a report from the Oshawa Accessibility Advisory Committee regarding the Snow Placement Zones, the following be received for information: 

    "Whereas at the April 29, 2024 City Council meeting, the following motion (previously OAAC-24-15) was referred to the Oshawa Accessibility Committee for further clarification:

    That Snow Placement Zones be clearly indicated on all site plans for multi-residential projects, including long term care homes, schools and senior residential buildings; and,

    That the Snow Placement Zones not be located within proximity to designated accessible parking spaces.; and,

    Whereas Snow Placement Zones were not indicated on the site plans reviewed by the Built Environment Subcommittee at its June 13, 2024 meeting;

        1. That the City of Oshawa Parking By-law be amended to ensure the facility snow placement in multi-residential projects, long-term care homes, schools and seniors residential buildings not interfere with parking in an accessible parking space; and,
        2. That City Municipal By-law staff ensure enforcement."
  • Whereas the City of Oshawa is the benefactor of two cemetery plots donated from the Estate of Benson Edward Hanewich; and,

    Whereas the intended use of the plots relates to the internment of Social Services recipients; and,

    Whereas the City of Oshawa works with Ontario Works to provide cemetery plots at its Union Cemetery location to bury Social Service recipients upon receiving benefits approval; and,

    Whereas Union Cemetery is required to provide a burial plot and service for a Social Service recipient upon receiving approval from Social Services in accordance with Section 164 of Ontario Regulation 30/11 under the Funeral, Burial and Cremation Services Act; and,

    Whereas the City’s General Fees and Charges By-law 13-2003, as amended, includes a Transfer of Internment Rights fee of $210.00 plus tax (per Internment Right); and,

    Whereas Union Cemetery has limited inventory and would greatly benefit from the donation of the two cemetery plots to be used exclusively for Social Service recipients;

    Therefore, be it resolved that in accordance with Item CO-24-44 dated September 11, 2024;

    1. That City Council waive the fee of $210.00 Transfer of Internment Rights fee (plus tax) as outlined in the General Fees and Charges By-law 13-2003, as amended to transfer Two Cemetery Plots from the Estate of Benson Edward Hanewich to be used only for Social Service interments; and,
    2. That the Commissioner of Community and Operations Services, or delegate, be authorized to execute any necessary documentation to complete the transfer of the cemetery plots to Union Cemetery.
  • That based on Report CO-24-45, dated September 11, 2024, concerning the implementation of Winter Maintenance Operations and Customer Feedback during the 2023-2024 winter season, staff continue with the Snow Clearing Satisfaction feedback form for the upcoming 2024-2025 winter season and report to Council regarding findings.

  • That pursuant to Report CO-24-46, dated September 11, 2024, concerning the City’s textile recycling program on municipal property, the Commissioner, Community and Operations Services Department be authorized to enter into a new agreement with Diabetes Canada, in a form and content to the satisfaction of the Commissioner, Community and Operations Services Department and the City Solicitor

  • That Report CO-24-47 providing options for traffic calming measures on Verdun Road between Olive Avenue and Eulalie Avenue using the Neighbourhood Traffic Management Guide be received for information.

  • That Correspondence CO-24-49 dated August 23, 2024, from Matt Bowles, Lovell Holdings Limited, concerning a request for a Parking Agreement, be referred to staff for a report. 

  • Whereas the Ontario Tech Ridgebacks have been granted the right to host the 2024 U SPORTS Men’s Soccer National Championship from Thursday, November 7 to Sunday, November 10, 2024; and,

    Whereas this is an exciting milestone for Ontario Tech University as they secure their inaugural hosting opportunity of a U SPORTS varsity championship at the national level; and,

    Whereas the City of Oshawa has been a proud partner throughout the bid process and is looking forward to welcoming the nation’s best players to Ontario Tech as part of the celebration of the City’s 100th anniversary; and,

    Whereas the championship matches will be held at Vaso’s Field at Ontario Tech University, a premier outdoor Canadian soccer facility with FIFA-approved artificial infill turf; and,

    Whereas Ontario Tech University has requested the option to use the indoor fieldhouse at the Civic Recreation Complex (“Civic”) during periods of extreme inclement weather (defined as extreme cold and/or extreme amounts and/or accumulation of snow) for the duration of the 2024 U SPORTS Men’s Soccer National Championship to host matches; and,

    Whereas in the unlikely event of extreme inclement weather occurring requiring the entire event be relocated to the Civic, it is estimated that hosting the four (4) day championship event at the Civic would cost a maximum of $22,920, based on facility user fees; and,

    Whereas the Recreation Services branch will proceed with rental permits and recreation drop-in programs that may be displaced should the Civic be required for championship matches; and,

    Whereas there have been approximately 170 rooms reserved at hotel facilities in the City of Oshawa to accommodate team members visiting the city for the purpose of the U SPORTS Men’s Soccer National Championship; and,

    Whereas the Municipal Accommodation Tax collected by the City for these hotel rooms can be used to help offset the potential loss associated with the waiving of facility user fees,

    Therefore, be it resolved that in accordance with Item CF-24-59 dated September 4, 2024:

    1. That facility user fees for Ontario Tech University’s usage of the Civic Recreation Complex for the 2024 U SPORTS Men’s Soccer National Championship from Thursday, November 7 to Sunday, November 10, 2024 (inclusive) in the event of inclement weather, be waived; and,
    2. That the Commissioner, Community and Operations Services be authorized to execute an agreement with Ontario Tech University, together with such other documents as required in a form and content satisfactory to the Commissioner, Corporate and Finance Services / City Treasurer and the City Solicitor.
  • That based on Report CF-24-60 concerning the Capital Project Status Report as of July 31, 2024 dated September 4, 2024, Projects 22300103 – Policy and Standards Development, 23300113 – Expansion of Digital Services, and 23300127 – Accounts Payable Software Automation be cancelled and approved funding be returned to source and the remaining Capital Project Status updates be received for information.

  • That Correspondence ED-24-87 dated June 21, 2024, from Ara Saatdijan concerning a request for an exemption to the Urban Growth Centre Grant at 27-33 Simcoe Street South be referred to staff for a report.

  • That pursuant to Report ED-24-88 dated September 4, 2024, the name Wilfred Walker be added to the City’s Street Name Reserve List in accordance with the Council approved Street Naming Policy in Memory and Honour of the War Dead and War Veterans.

  • Whereas, Bruce Street Developments Limited (“Medallion”) intends to construct a 22 storey apartment building and a 10 storey apartment building connected by a 4 storey podium featuring a combined total of 509 units at the northwest corner of 135 Bruce Street (Phase 1) (see Attachment 1); and,

    Whereas, Medallion submitted an Environmental Noise Assessment prepared by Valcoustics Canada Ltd. (“Valcoustics”) which assessed the impact of nearby roads and stationary noise sources on the proposed development; and,

    Whereas, Valcoustics’ noise assessment predicts that sound levels exceeding the Ministry of the Environment, Conservation and Parks’ (M.E.C.P.) noise guidelines for a Class 1 Area would be experienced at the apartment units due to the noise emitted by mechanical equipment and truck delivery activities at the Tribute Communities Centre; and,

    Whereas, Bousfields Inc. on behalf of Medallion submitted a letter dated November 15, 2023 to the City requesting the City classify Phase 1 of Medallion’s development as a Class 4 Area in accordance with M.E.C.P. guidelines since the development cannot satisfy Class 1 Area sound level limits (see Attachment 2); and,

    Whereas, the M.E.C.P. Publication NPC-300 Environmental Noise Guideline – Stationary and Transportation Sources (the “Guideline”) provides advice, sound level limits and guidelines that may be used when land use planning decisions are made, and are intended to minimize the potential conflict between proposed noise sensitive land uses and stationary sources of noise emissions; and,

    Whereas, the Guideline defines Class 1 Areas as those with an acoustic environment typical of a major population centre, where the background sound level is dominated by the activities of people and usual traffic, often referred to as “urban hum”; and,

    Whereas, a Class 4 Area is an acoustical environment that would otherwise be defined as Class 1 or 2 and where higher daytime and nighttime sound limits from that otherwise permitted in an urban area, for both indoor and outdoor areas, may be considered, and which is intended for development with new noise sensitive land uses that are not yet built, and has formal confirmation by the land use planning authority; and,

    Whereas, the Guideline allows receptor based noise control measures to be accounted for through measures such as closed exterior doors and windows and specific construction techniques/materials for Class 4 Areas only; and,

    Whereas, Valcoustics’ noise study concluded that the proposed development would satisfy the daytime and nighttime sound limits for Class 4 Areas subject to warning clauses being provided to occupants of the apartment units; and,

    Whereas, the Economic and Development Services Department retained H.G.C. Engineering, a professional stationary and transportation engineering consultant, to conduct a third party peer review of Valcoustics’ noise study and the Class 4 Area request on behalf of the City and at the cost of Medallion; and,

    Whereas, H.G.C. Engineering reviewed the noise study and agreed with the final conclusions and recommendations of Valcoustics and the Class 4 Area request; and,

    Whereas, the site plan agreement for Medallion’s development will require warning clauses for occupants and will require all units to be supplied with an air conditioning system so that windows and exterior doors can remained closed when exterior sound levels are elevated;

    Therefore be it resolved that Phase 1 of Bruce Street Developments Limited’s residential development at 135 Bruce Street contained in Site Plan application file SPA-2022-23 is hereby classified as a Class 4 Area as defined in the Ministry of the Environment, Conservation and Parks Publication NPC-300 (Environmental Noise Guideline – Stationary and Transportation Sources).

  • That pursuant to Report ED-24-94 dated September 4, 2024, Mrs. Ludmila Kozak be approved for a Façade and Accessibility Improvement Grant in the amount of $4,401.35.

    1. Whereas the Planning Act, R.S.O. 1990, c. P.13 (“Planning Act”) sets out a specific process for certain development applications including amendments to the Oshawa Official Plan and Zoning By-law which require Public Meetings to be held pursuant to the Planning Act; and,
      Whereas the City’s Telecommunications Policy also sets out a process that includes one Public Meeting regarding matters subject to that Policy; and,
      Whereas Public Meetings held under the Planning Act or Telecommunications Policy include consideration of a staff report regarding the matter which is sent back to staff for a subsequent recommendation report, taking into account all feedback received at the Public Meeting; and,
      Whereas this is a legislated process for Planning Act matters and a Council Policy for telecommunications matters, not subject to amendments or changes by a Standing Committee of Council; and,
      Whereas these matters are tracked on internal departmental work plans and the subsequent report back may be subject to legislated timeframes or require additional information submissions by the applicant(s);
      Therefore be it resolved that all items listed on the Economic and Development Services Committee’s Outstanding Items List Report related to Public Meetings held pursuant to the Planning Act or the City’s Telecommunications Policy be removed from the Economic and Development Services Committee’s Outstanding Items List Report as these items are tracked on the departmental work plan; and,
    2. Whereas the requester seeking to acquire City-owned land as set out in Closed Correspondence DS-22-84 is no longer interested in pursuing the acquisition on the basis of the terms of the disposition strategy approved by Council pursuant to Closed Report ED-23-142 dated August 24, 2023,
      Therefore that Item 13 on the Economic and Development Services Committee’s Outstanding Items Status Report regarding a third-party request to acquire City-owned land on Park Road South be removed; and,
    3. That the remainder of the Economic and Development Committee’s Outstanding Items List Report for the Third Quarter of 2024 be received for information.
    1. That, pursuant to Report ED-24-96 dated September 4, 2024, the application submitted by Riverbank Homes Ltd. under the City’s Urban Growth Centre Community Improvement Plan for an Increased Assessment Grant for the development of a 6-storey, 75-unit purpose-built affordable housing rental apartment building at 115 Colborne Street West be approved in accordance with the comments in said Report, and that the Increased Assessment Grant total $478,100 over a 9-year period; and,
    2. That pursuant to Report ED-24-96 dated September 4, 2024, Riverbank Homes Ltd. enter into an agreement with the City under the Urban Growth Centre’s Community Improvement Plan in a form and content satisfactory to the Commissioner, Economic and Development Services Department, and the City Solicitor.
    1. That pursuant to Report ED-24-97 dated September 4, 2024, the revised application submitted by 784464 Ontario Ltd. to amend Zoning By-law 60-94 (File: Z-2022-13) to rezone the lands municipally known as 1226 King Street East to an appropriate R6-B(Residential) Zone to permit the development of a four-storey, 18-unit apartment building, and OSH (Hazard Lands Open Space) Zone for that portion of the lands associated with the Hamony Creek Valley, be approved, generally in accordance with the comments contained in said Report, and the necessary by-law be passed in a form and content acceptable to the Commissioner, Economic and Development Services Department, and the City Solicitor; and,
    2. That in accordance with Section 34(17) of the Planning Act and notwithstanding that the design of the development advanced under the Zoning By-law Amendment proposed in Report ED-24-07 dated January 3, 2024 presented at the public meeting of January 8, 2024 differs to some degree from the proposed development to be implemented through the proposed amendment recommended to be approved by City Council pursuant to Part 1 of this Recommendation, such differences are not substantial enough to require further notice and another public meeting.
  • That based on Item ED-24-100 being a report from Heritage Oshawa concerning the proposed demolition of 291 Thornton Road North, the following be received for information:

    “Whereas farmer, gardener, fruit grower, and beekeeper Isaac French bought 39acres of Lot 16, Concession 2, East Whitby Township, in 1856; and,

    Whereas his descendants lived on the property until 1928; and,

    Whereas the house was possibly built by 1861 and later bricked, 291 Thornton Road North represents a traditional form of the mid nineteenth century Gothic Revival style as it appeared in Ontario; and

    Whereas the unusual linking of the dwelling to its rear extension, may indicate theuse of the extension as a separate dwelling unit; and,

    Whereas this residential relic brings a sense of history to a streetscape that has evolved over the centuries from a rural to urban setting; and,

    Whereas it still features a large lot with mature landscaping, possibly including some of the fruit trees cultivated by Isaac French;

    Therefore Heritage Oshawa recommends the placement of 291 Thornton Road North on the Municipal Heritage Register as a designated property under Part IV, Section 29 of the Ontario Heritage Act.”

  • That Report ED-24-103 dated September 4, 2024, concerning the Arts Resource Centre Cultural Hub Pilot be received for information. 

  • Whereas the City’s Property Standards By-law 1-2002 (“Property Standards By-law”) establishes minimum standards for the maintenance and occupancy of property within the City of Oshawa; and,

    Whereas, a major review (CORP-21-55) of the Property Standards By-law was completed resulting in the approval of a contemporary by-law on November 22, 2021; and,

    Whereas the goal of the Property Standards By-law is to complement the Ontario Building Code O. Reg. 332/12 (“Building Code”) which establishes minimum standards for construction, renovation and change-of-use of buildings in that the Property Standards By-law ensures the on-going maintenance of buildings and property following construction and/or renovation; and,

    Whereas the Province of Ontario released a new updated 2024 Building Code which comes into effect on January 1, 2025; and,

    Whereas staff have identified a need to ensure that the Property Standards By-law is aligned with the standards of the new 2024 Building Code and continues to compliment the new standards;

    Therefore be it resolved that based on Item SF-24-35, dated September 11, 2024 staff be directed to undertake a review of Property Standards By-law 1-2002 to ensure alignment with the forthcoming 2024 Building Code and to propose technical amendments for City Council’s consideration, if applicable.

  • That Report SF-24-36, dated September 11, 2024 concerning Fire Prevention Week be received for information.

  • That Report SF-24-38, dated September 11, 2024 being the Safety and Facilities Services Committee's Outstanding Items List Status Report for the third quarter of 2024 be received for information.

  • That the following be referred to the Mayor for consideration in preparation of the 2025 Budget: 

    "That under the Parks Enhancement Program, Arborwood Park be considered to receive a children’s playground component that will enhance the needs of the expanded area users given there will be a bridge over the creek connecting the park to more residents to the large populated areas to the west."

  • Whereas at its meeting of June 24, 2024, Council through Item CO-24-38 authorized amendments to the Roadway Restoration By-law 12-82, as amended, to establish a non-refundable fee and the removal of the security deposit, as well as corresponding technical amendments necessary to align with the change to a fee based by-law; and,

    Whereas Council is concurrently reviewing its Fees and Charges By-law and the Roadway Restoration fees have been included in the updated Fees and Charges By-law; and,

    Whereas housekeeping amendments to the Roadway Restoration By-law allow for greater clarity and modernize the By-law to align with the City’s current practices;

    Therefore be it resolved:

    1. That based on Item CNCL-24-104 dated September 18, 2024, the new Roadway Restoration By-law be passed; and,
    2. That Roadway Restoration By-law 12-82, as amended, be repealed effective October 1, 2024.
  • Whereas the City of Oshawa’s Delegation of Authority By-law 29-2009, as amended, delegates certain powers and duties to City staff pursuant to Section 23.1 of the Municipal Act, 2001, S.O. 2001, c. 25; and,

    Whereas the City’s General Fees and Charges By-law 13-2003, as amended, includes clauses delegating authority; and,

    Whereas it is desirable and “best practice” to consolidate all delegated authority into the Delegation of Authority By-law 29-2009, as amended;

    Therefore be it resolved that the Delegation of Authority By-law 29-2009, as amended be further amended to include all delegated authority assigned in the General Fees and Charges By-law 13-2003, as amended, including its successor legislation.

  • Consent Motion:

    That based on CO-24-48 dated September 16, 2024, concerning crime prevention through environmental design (C.P.T.E.D.) analysis and cleanup at Oshawa Creek valley, Council direct staff to coordinate with C.L.O.C.A. and the Region of Durham in an effort to implement the work outlined in Section 4.4.1 and monitor the impacts for a period of one (1) year and report back to Council.

  • Amendment:
    Moved byCouncillor Nicholson
    Seconded byCouncillor Gray

    That the motion contained in Item CO-24-48 be amended to add the words “to 4.4.4 through a phased in approach at the discretion of the Commissioner” after the words “Section 4.4.1”.

  • Moved byCouncillor Chapman
    Seconded byCouncillor Marimpietri

    That Item CO-24-48 dated September 16, 2024, concerning crime prevention through environmental design (C.P.T.E.D.) analysis and cleanup at Oshawa Creek valley be referred to staff to report back on how much it will cost and where the funds will come from

    Affirmative (9)Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor McConkey, Councillor Nicholson, and Councillor Lee
    Negative (1)Councillor Gray
    Absent (1)Councillor Neal
    Carried (9 to 1)
  • Consent Motion:

    That Item CO-24-50 concerning the Installation of Traffic Lights at Wilson Road North and Greenhill Avenue be referred to the Mayor for consideration in the preparation of the 2025 Budget. 

  • Amendment:
    Moved byCouncillor Chapman
    Seconded byCouncillor Lee

    That the motion contained in Item CO-24-50 be amended to remove the words: “to the Mayor for consideration in the preparation of the 2025 Budget” and replace them with the words “referred to staff for a report including but not limited to whether it is warranted and the associated cost”.

    Affirmative (9)Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor McConkey, and Councillor Lee
    Negative (1)Councillor Nicholson
    Absent (1)Councillor Neal
    Carried (9 to 1)
  • The vote to adopt the recommendation contained in Item CO-24-50 as amended. 

    Carried
  • Consent Motion:
    1. Whereas at its meeting of February 18, 2020, City Council directed that staff review the City’s Delegation of Authority By-law 29-2009, as amended, (“Delegation By-law”) and other related administrative procedures to ensure that Council is fully informed, and in certain circumstances, that Council must approve settlement agreements that include confidentiality clauses and to report back through the Corporate Services Committee prior to the 2021 Budget meetings; and,
       Whereas at its meeting of November 9, 2020, the then-Corporate Services Committee considered Report CORP-20-38 dated November 4, 2020 concerning a review of the City’s Delegation By-law, as amended as related to Settlement Agreements and referred Report CORP-20-38 to staff for further review; and,
      Whereas City staff will be undertaking a comprehensive review of the Delegation By-law as well as other By-laws which require updating and modernizing in 2025;
      Therefore be it resolved that Item 3, “Review of the City’s Delegation By-law as Related to Settlement Agreements” be removed from the Corporate and Finance Services Committee’s Outstanding Items Status Report as it will be included as part of the comprehensive review of the City’s Delegation By-law 29-2009, as amended; and,
    2. That the remainder of Report CF-24-54 dated September 3, 2024 being the Corporate and Finance Services Committee's Outstanding Items Status Report for the third quarter of 2024 be received for information.
  • Moved byCouncillor Chapman
    Seconded byCouncillor Lee

    That the motion be amended to insert the following as a new Part 2 and the remainder be renumbered: ‘That all matters regarding Municipal and School Board elections be removed from the Corporate and Finance Services Committee’s Outstanding Items List and that the outstanding and any future matters regarding Municipal and School Board Elections be reported directly to Council.

    Affirmative (4)Mayor Carter, Councillor Chapman, Councillor Giberson, and Councillor Lee
    Negative (5)Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor McConkey, and Councillor Nicholson
    Absent (2)Councillor Gray, and Councillor Neal
    Lost (4 to 5)
  • The vote to adopt the recommendation contained in Item CF-24-54.  

    Carried
  • Moved byCouncillor McConkey
    Seconded byCouncillor Marimpietri

    That the meeting recess for 10 minutes.

    Carried

    The meeting recessed at 10:58 a.m. and reconvened at 11:10 a.m. with all members of Council in attendance except Councillor Neal who was absent.


  • Consent Motion:
    1. That in accordance with Report CF-24-55 dated September 4, 2024, Council pass the updated Fees and Charges By-law as outlined in Attachment 1 and in the final form and content acceptable to the Commissioner, Corporate and Finance Services Department and the City Solicitor; and,
    2. That General Fees and Charges By-law 13-2003, as amended be repealed.
  • The vote to adopt the recommendation contained in Item CF-24-55 and pass related By-law 109-2024.

    Affirmative (9)Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor Nicholson, and Councillor Lee
    Negative (1)Councillor McConkey
    Absent (1)Councillor Neal
    Carried (9 to 1)
  • Consent Motion:

    That Report CF-24-56, dated September 4, 2024, concerning the Financial Position as of June 30, 2024, be received for information.

  • The vote to adopt the recommendation contained in Item CF-24-56.

    Carried
  • Consent Motion:

    That Report CF-24-58, dated September 4, 2024, concerning the Summary of Contracts Awarded during the Period of June 1, 2024 to August 31, 2024 be received for information.

  • The vote to adopt the recommendation contained in Item CF-24-58.

    Carried
  • Councillor Giberson declared a conflict on this item. (Councillor Giberson declared a conflict of interest as he is an Officer and Director of Mosaic Non-Profit Housing, which has expressed an interest in the property referenced in Amendment 2 and did not take part in discussion or voting on the matter.)
  • Consent Motion:

    That the proposed amendments to the Oshawa Official Plan and Zoning By-law 60-94 as generally set out in Attachment 1 to Report ED-24-91 dated September 4, 2024 be adopted, and that the appropriate amending by-laws be passed in a form and content acceptable to the Commissioner, Economic and Development Services Department, and the City Solicitor.

  • The vote to adopt the recommendation contained in Item ED-24-91 and pass related By-laws 111-2024 and 112-2024.

    Affirmative (9)Mayor Carter, Councillor Chapman, Councillor Gray, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor McConkey, Councillor Nicholson, and Councillor Lee
    Conflict (1)Councillor Giberson
    Absent (1)Councillor Neal
    Carried (9 to 0)
  • Consent Motion:
    1. That, pursuant to Report ED-24-102 dated September 4, 2024, the Chief Administrative Officer and/or their delegate be authorized to submit an application to the second round of the Canada Mortgage and Housing Corporation’s Housing Accelerator Fund program under the Large/Urban stream generally in accordance with said Report, along with any additional documentation as may be required; and,
    2. That, pursuant to Report ED-24-102 dated September 4, 2024, City Council approve the list of City initiatives, as generally contained in Attachment 2 of said Report, as a requirement of the City’s application to the second round of the Canada Mortgage and Housing Corporation’s Housing Accelerator Fund program under the Large/Urban stream; and,
    3. That, pursuant to Report ED-24-102 dated September 4, 2024, the Chief Administrative Officer and/or their delegate be authorized to make changes as required and at their discretion to said list of City initiatives prior to the City’s submission, where considered appropriate at their discretion; and,
    4. That, pursuant to Report ED-24-102 dated September 4, 2024, the Chief Administrative Officer and/or their delegate be authorized to enter into any necessary agreements that may be required in the event the City is approved for funding under the second round of the Canada Mortgage and Housing Corporation’s Housing Accelerator Fund program; and,
    5. That City Council direct the Commissioner, Economic and Development Services Department, to report back and provide an update to the Economic and Development Services Committee and Council in the event the City is approved for funding under the second round of the Canada Mortgage and Housing Corporation’s Housing Accelerator Fund program; and,
    6. That City staff be authorized to forward a copy of Report ED-24-102 dated September 4, 2024 to the Region of Durham.
  • The vote to adopt the recommendation contained in Item ED-24-102.

    Affirmative (9)Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor Nicholson, and Councillor Lee
    Negative (1)Councillor McConkey
    Absent (1)Councillor Neal
    Carried (9 to 1)
  • Consent Motion:

    That Report SF-24-34 dated September 11, 2024 concerning the Fire Services Rescue 21 Performance Report be received for information.

  • The vote to adopt the recommendation contained in Item SF-24-34.

    Affirmative (10)Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor McConkey, Councillor Nicholson, and Councillor Lee
    Absent (1)Councillor Neal
    Carried (10 to 0)
  • Consent Motion:

    The following Item was introduced at the September 16, 2024 Safety and Facilities Services Committee meeting and Lost:

    "That staff investigate options available for follow-up and enforcement of violations of the Sign By-law."

  • The vote to adopt the recommendation contained in Item SF-24-41.

    Affirmative (8)Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Kerr, Councillor Marimpietri, Councillor Marks, and Councillor Lee
    Negative (2)Councillor McConkey, and Councillor Nicholson
    Absent (1)Councillor Neal
    Carried (8 to 2)
  • Moved byCouncillor Chapman
    Seconded byCouncillor Giberson

    That all items listed under the heading of Closed Consent Agenda for the City Council Meeting dated September 23, 2024, be adopted as recommended except Item CNCL-24-102. 

    Carried
  • That pursuant to Report ED-24-93 dated September 4, 2024, City staff be directed to advance Option 1 outlined in Section 4.5.1 of said Report.

  • That pursuant to Item ED-24-98 dated September 4, 2024, staff be authorized to proceed concerning the proposed improvements to the public interface along Simcoe Street South, south of Harbour Road.

  • That pursuant to Report ED-24-99 dated September 4, 2024, City staff be directed to advance Option 2 as set out in Section 4.5.2 of said Report.

  • That pursuant to Report ED-24-101 dated September 4, 2024, City staff be authorized to advance Option 2 in accordance with Section 4.5.2 of said Report.

  • That Correspondence ED-24-104 dated August 28, 2024 from Metrolinx regarding real estate matters related to the Bowmanville GO Rail Service extension be referred to staff for a report.

  • That Correspondence ED-24-105 dated August 20, 2024 concerning a request by 420 Wing Oshawa Inc. to amend its Licence Agreement be referred to staff for a report.

  • Councillor Marimpietri declared a conflict on this item. (Councillor Marimpietri declared a conflict of interest as he is a party to the matter and did not take part in discussion or voting on the matter.)
  • Consent Motion:

    That staff be directed to proceed as set out in Item CNCL-24-102 dated September 23, 2024 concerning the matter of Christopher Harper vs. the Corporation of the City of Oshawa et al.

  • The vote to adopt the recommendation contained in Item CNCL-24-102.

    Affirmative (9)Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Kerr, Councillor Marks, Councillor McConkey, Councillor Nicholson, and Councillor Lee
    Conflict (1)Councillor Marimpietri
    Absent (1)Councillor Neal
    Carried (9 to 0)
  • Councillor McConkey left the meeting at 11:36 am.

    Whereas many municipalities have programs for welcoming new residents;

    Now therefore the City of Oshawa CAO, Finance Services and Economic & Development Services investigate options to initiate a new pilot program to welcome new residents to Oshawa, with consideration of various potential of opportunities that might involve the Oshawa Libraries, the Greater Oshawa Chamber of Commerce and Oshawa service club associations and organizations, that might be implemented in such ways as, for example:

    1. when the finance department sends the first tax bill to new residential property owner, the City Treasurer include a short paragraph Welcoming New Residents; and,
    2. indicate that a that a group of local organizations have assembled a welcome bag that includes “some items and coupon certificates from local businesses”; and,
    3. a pass from the City for new residents to test out the community centre fitness centre, swimming pool or ice skating and enjoy a complimentary Museum tour; and,
    4. that the bag is available by pick up only by bringing the City letter to the public library (giving city library locations and phone number); and,
    5. also a notice that if the new residents are dog owners, that all dogs must be licensed and wear a current dog tag and provides an easy-to use online service to register dogs;

    with the goal is to be supportive to the City’s new residents.  

  • Moved byCouncillor Nicholson
    Seconded byCouncillor Marks

    That Notice of Motion CNCL-24-86 be deferred to the next City Council meeting.

    Carried
  • Moved byCouncillor Giberson
    Seconded byCouncillor Lee

    Whereas the City of Oshawa is the owner of various parcels of land and from time to time matters relating to the sale of land are brought to Council; and,

    Whereas these properties are often in strategic and high-value locations that may serve a multitude of sometimes complementary and conflicting priorities, and Oshawa City Council currently does not have any unified, clear strategic direction on how they should be used, resulting in a case-by-case treatment of these properties on questions of future use and future sale; and,

    Whereas once a property is sold, any future opportunities to act in a strategic manner is lost; and,

    Whereas there is a national housing affordability crisis that has demanded the response of all orders of government with growing calls to use publicly-owned land for affordable housing outcomes, and across Canada there are numerous examples of lower-tier orders of government acting in accordance with this approach; and,

    Whereas the City of Oshawa has on several instances in the past demonstrated a willingness and success in using lands owned by the municipality for this purpose;

    Therefore be it resolved that Oshawa City Council direct staff to engage the public and stakeholders to identify areas considered to be strategic priorities for municipally-owned lands, including using these lands as leverage in achieving objectives for housing affordability in response to the national crisis, and to engage with the Region of Durham Housing division on the same question, and to report back to Council by fourth quarter 2024.

    Mayor Carter ruled the Notice of Motion out of order as it is duplicative of existing efforts.


  • Moved byCouncillor Giberson
    Seconded byCouncillor Marks

    Whereas in the 2023 budget, Council approved the final phase of the King Street sidewalk widening project between MacMillan Drive and King Street West; and,

    Whereas the project scope was increased to include further streetscape improvements to add massing and visual appeal to the public realm, including additional planters, seating, greenery, and visual elements; and,

    Whereas the improvements were intended to also function as a pilot for the rest of the widened sidewalk along King Street through the downtown and feedback on the improvements has been positive;

    Therefore be it resolved that Oshawa City Council direct staff to implement similar streetscape improvements along King Street through the downtown and that the improvements be funded from the Downtown Reserve.

  • Moved byCouncillor Giberson
    Seconded byCouncillor Marks

    That Notice of Motion CNCL-24-90 be referred to the Mayor for consideration in the preparation of the 2025 Budget.

    Carried
  • The following Notice of Motion CNCL-24-92 was ruled out of order by Mayor Carter as City Council does not have authority on the matter: 

    Whereas Oshawa MPP Jennifer French, official Infrastructure, Highways, and Transportation opposition critic,  has been championing changes to ensure Ontario homes are EV-ready; and,

    Whereas Lana Payne, National President, Unifor is quoted as saying “Ontario is positioning itself as a leader in North American EV production. Tens of thousands of jobs in this province will depend on a well-functioning EV supply chain. However, it is crucial that our infrastructure evolves in a way that both supports this shift towards zero emission vehicle options and, in turn, good jobs here at home.” and,

    Whereas Oshawa Power CEO Daniel Arbour also recently at the Oshawa Power AGM June 13, 2024 advocated i) the benefits to the City of Oshawa of approving a new 200 amp service policy to new residential construction, and ii) maintained the cost to developers is not high, and iii) that other municipalities, like Kingston, have introduced policies to ensure new development homes are equipped with 200 amp service;

    Now therefore the City staff provide a report to committee and council on a 200 amp service requirement policy applying to new residential construction, and provide in the report options available to Council. 

  • Whereas Mount Joy Park on Coldstream and Clearbrook Dr is a high use park and, this summer in particular, there is an increased number of youth baseball practices and games; and,

    Whereas due to the lack of washrooms available the Ward Councillors and City staff were notified last week that girl’s team members have had to resort to using the bushes;

    Whereas this has caused consternation for the coaches and families who are now asking for a porta-toilet to be installed this summer;

    Therefore City staff be given delegated authority to install a porta-toilet at Mount Joy Park this summer with funding made available from an appropriate reserve to be determined by the City’s Commissioner of Finance Services

  • Moved byCouncillor Marimpietri
    Seconded byCouncillor Marks

    That Notice of Motion CNCL-24-93 be deferred to next City Council meeting. 

    Carried
  • Moved byCouncillor Chapman
    Seconded byCouncillor Lee

    Whereas the Federation of Canadian Municipalities (FCM) from time to time puts out calls for non-voting, non-board committee members to participate as committee members in specific areas of concern to municipal government; and,

    Whereas there was recently a call for non-board committee members made in the summer of 2024, to begin in September and run until June 2025; and,

    Whereas on September 3, 2024, based on an application of interest submitted, FCM indicated that Councillor Derek Giberson was selected for committee appointment, subject to a supporting Council motion; and,

    Whereas non-board committee meetings will primarily be attended virtually by the Councillor, resulting in nominal costs as part of the appointment;

    Therefore be it resolved that:

    Oshawa City Council supports Councillor Derek Giberson serving as a non-board committee member with the Federation of Canadian Municipalities until June 2025 and that costs, if any, associated with travelling to committee meetings and relevant activities will be covered.

  • Amendment:
    Moved byCouncillor Nicholson
    Seconded byCouncillor Giberson

    That the motion be amended to add "by the Councillor" after the words "will be covered". 

    Carried
  • The vote to adopt the recommendation as contained in CNCL-24-101, as amended

    Carried
  • Moved byCouncillor Chapman
    Seconded byCouncillor Giberson

    That the confirming by-law be passed.

    Carried
  • Moved byCouncillor Kerr
    Seconded byCouncillor Marimpietri

    That the meeting adjourn at 12:23 pm