Oshawa City Council

Minutes

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

The City of Oshawa is situated on treaty land that is steeped in rich indigenous history and is the present day home to many First Nations, Metis and Inuit people. Today, we acknowledge that we are gathering on land covered under the Williams Treaties, and the traditional territories of the Mississaugas of Scugog Island First Nation.

Various announcements were made relating to activities and events.

  • Moved byCouncillor Chapman
    Seconded byCouncillor Giberson

    That the delegations of Greg Milosh and Judy Jaeger be added to the agenda, and Correspondence CNCL-22-46 from various residents submitting comments concerning Item FIN-22-41 be added to the agenda for the meeting of May 24, 2022 and be referred to the respective item.

    Motion Carried

Frances Newman, C.E.O., Oshawa Public Libraries provided a presentation concerning the Library's Annual Report to Council.

Members of Council questioned Frances Newman, C.E.O., Oshawa Public Libraries.

  • Moved byCouncillor Chapman
    Seconded byCouncillor Giberson

    That the delegation of Peter Taylor, President, Friends of Second Marsh be heard.

    Motion Carried
  • Moved byCouncillor Chapman
    Seconded byCouncillor Giberson

    That the delegations of Greg Milosh and Judy Jaeger be heard.  (Requires 2/3 vote of members present)

    Motion Carried

Peter Taylor, President, Friends of Second Marsh addressed City Council concerning Correspondence CNCL-22-41 and CNCL-22-45 related to funding for the Friends of Second Marsh.

Greg Milosh addressed Members of Council concerning Item FIN-22-41 regarding the Canadian Automotive Museum.

Members of Council questioned Greg Milosh.

Judy Jaeger addressed Members of Council concerning Item CS-22-55 regarding the Official Flower of the City of Oshawa.

  • Moved byCouncillor Hurst
    Seconded byCouncillor Giberson

    That the Delegate's time be extended by two minutes.

     

    Motion Carried

    Judy Jaeger continued to address Members of Council.

    Members of Council questioned Judy Jaeger.

    Councillor Gray temporarily left the meeting at 10:32 a.m.


  • Moved byCouncillor Chapman
    Seconded byCouncillor Giberson

    That all items listed under the heading of Public Consent Agenda for the City Council Meeting dated May 24, 2022 be adopted as recommended except:

    Item CS-22-55 of the Fortieth Report of the Community Services Committee; and,

    Items CORP-22-30 - CORP-22-35, CORP-22-37 and CORP-22-38 of the Thirty-Ninth Report of the Corporate Services Committee; and,

    Items FIN-22-41, FIN-22-51, FIN-22-50 and FIN-22-59 of the Fifty-Fifth Report of the Finance Committee.

    Motion Carried
  • That Correspondence CNCL-22-41 from Peter Taylor, President, Friends of Second Marsh requesting the City advance the development of a Memorandum of Understanding for the Friends of Second Marsh be referred to staff for a report.

    Motion
  • That Correspondence CNCL-22-45 from Peter Taylor, President, Friends of Second Marsh submitting a proposed funding model for the Friends of Second Marsh be referred to staff to be considered in conjunction with Correspondence CNCL-22-41 regarding the request for the development of a Memorandum of Understanding for the Friends of Second Marsh.

    Motion
  • That Correspondence CNCL-22-40 from the Mississaugas of Scugog Island First Nation Chief of Council submitting comments in support of Item DS-22-107 being a request to re-purpose the former General Motors of Canada Headquarters Building be referred to Item DS-22-107.

    Motion
  • That Correspondence CNCL-22-44 from various residents submitting comments concerning Item FIN-22-41 regarding the Canadian Automotive Museum be referred to Item FIN-22-41.

    Motion
  • That CS-22-48, being the Notice of Motion concerning the recognition of the Historical Hamlets of Oshawa, be referred to staff to consult with the Oshawa Historical Society for further comment.

    Motion
  • That Report CS-22-50 being the Third Report of the Oshawa Accessibility Advisory Committee concerning the request for an accessible bench, be referred to staff to determine possible funding sources for next Community Services Committee Meeting.

    Motion
  • That based on Report CS-22-52 being the Third Report of the Oshawa Active Transportation Advisory Committee concerning Active Streets Oshawa, that staff effectuate the closure of Harbour Road from Simcoe Street to Farewell Street for one weekend in July and August for the purposes of cycling and pedestrian use.

    Motion
    1. That pursuant to report CS-22-56, dated May 11, 2022, Natural Outdoor Ice Skating Area Pilot Project at Delpark Homes Centre, that the seasonal natural outdoor ice skating area (Outdoor Rink) on the sports field located on the east side of Delpark Homes Centre continue and that funding of $47,800 in surplus funds from the 2022 operating budget and $31,200 in funds from the Operations Reserve for a total of $79,000 for capital improvements in 2022 be approved and that the 2023 operating budget be increased by $59,100; and,
    2. That staff be directed to investigate other possible locations for natural outdoor rinks and report back to Community Services Committee.
    Motion
  • Whereas at the March 21, 2022 Community Services Committee meeting, as per Item CS-22-31, Jill Coffey submitting a request for a Community Safety Zone and concerns regarding speeding on Raglan Road East (Ward 1), staff were directed as follows:  That Correspondence CS-22-31 from Jill Coffey submitting a request for a Community Safety Zone and concerns regarding Speeding on Raglan Road East be referred to staff for a report; and,

    Whereas City staff met on March 16, 2022, with the Ward 1 Councillors along with representatives from Durham Regional Police Service (D.R.P.S.) and the Region of Durham; and,

    Whereas staff have reviewed existing speed data along Raglan Road East and shared it with Durham Regional Police Services and requested targeted speed enforcement; and,

    Whereas staff reviewed the existing speed limit signage along Raglan Road East between Simcoe Street North and Townline Road North; and,

    Whereas staff will be installing additional speed limit signage along Raglan Road East between Simcoe Street North and Townline Road North to provide motorists with positive guidance to the posted speed limit; and,

    Whereas staff will be temporarily installing two (2) Radar Message Boards along Raglan Road East between Simcoe Street North and Ritson Road North near the residential properties as a temporary traffic calming measure; and,

    Whereas by correspondence CS-22-53, the Region of Durham is planning on implementing a Community Safety Zone on the Region’s section of Raglan Road West, west of Simcoe Street North and is requesting the City to implement a community safety zone on Raglan Road East, east of Simcoe Street; and,

    Whereas White Feather Farms (15 Raglan Road East) and Linton’s Farm Market (571 Raglan Road East) are located along this section of Raglan Road East; and,

    Whereas these two establishments can generate high levels of parking and pedestrian traffic; and,

    Whereas Durham Regional Police Services support a Community Safety Zone on Raglan Road East; 

    Therefore, be it resolved:

    1. That a Community Safety Zone be implemented on Raglan Road East between Simcoe Street North and a point 300 metres east of Ritson Road North at all times, all days, and all months of the year; and,
    2. That the Region be requested to investigate a 40km/hour through the hamlet from Stevenson Road to Simcoe Street; and,
    3. That the Region investigate an all-way stop at Stevenson  Road and Raglan Road, and;
    4. That Durham Regional Police Department conduct enforcement programs in the newly created Community Safety Zones on Raglan Road; and,
    5. That staff investigate the use of additional possible traffic-calming resources as found in the newly-adopted Neighbourhood Traffic Management Guide, and consider future road design options that would have a traffic-calming effect and ask the Region of Durham to consider the same; and,
    6. That the Region investigate a 4-way stop be put in at Thornton and Raglan Road, West.
    Motion
  • That Report CS-22-54, dated May 11, 2022, concerning the Seasonal Refrigerated Outdoor Rink, be referred to the Parks, Recreation, Library and Culture Facility Needs Assessment (P.R.L.C.) for further review.

    Motion
  • Whereas pursuant to CS-21-129 being a Notice of Motion dated December 13, 2021 staff were requested to review the City’s Boulevard By-law; and,

    Whereas Boulevard By-law 136-2006 (“By-law 136-2006”), as amended, regulates the use and maintenance of boulevards by a range of agencies and individuals from utility providers to homeowners including benefits related to the ability to provide services on the boulevard in the form of fixtures such as utility boxes, transit shelters, transformer box or vault, telephone, hydro, etc., in addition to establishing height restrictions and acceptable landscaping within the boulevard area; and,

    Whereas staff review and assess by-laws on a regular basis as part of continuous improvement; and,

    Whereas a number of reviews and updates to the Boulevard By-law have been undertaken over the years including:

    • CORP-21-47 “Proposed Amendments to Lot Maintenance By-law 127-2007, Boulevard By-law 136-2006 and Waste Collection By-law 113-2008 – Tiered and Escalating Administrative Monetary Penalties”, dated October 4, 2021 (Amending by-law 119-2021);
    • CNCL-20-100 “Maintenance of Boulevard Fixtures”, dated May 25, 2020, (Amending by-law 60-2020)
    • CORP-20-14 “Improperly Placed Bird Feeders and Maintenance Standards”, dated April 27, 2020 (Amending by-law 48-2020)
    • CORP-19-59 “Maintenance of Boulevard Fixtures”, dated June 17, 2019 (for information); and,
    • CS-16-63 “Proposed Amendments to Boulevard By-law 136-2006”, dated June 23, 2016, providing criteria for boulevard gardens (Amending by-law 64-2016).

    Whereas staff from Operation Services, Municipal Law Enforcement and Licensing Services, and Engineering Services undertook a review of By-law 136-2006 pursuant to CS-21-129; and,

    Whereas staff has determined it is appropriate to align the height measurement standard in By-law 136-2006 with Fence and Sight Triangle By-law 23-2014, as amended (“By-law 23-2014”), when addressing the height of things (e.g. hedges, shrubs, fences, etc.) on boulevards abutting Sight Triangles to eliminate sight obstructions where a corner lot and abutting boulevard are situated higher than the centerline of the street; and,

    Whereas pursuant to By-law 136-2006, the height of things (e.g. hedges, shrubs, fences, etc.) located on all boulevards is measured from grade, which may result in potential sight obstructions in certain circumstances; and,

    Whereas pursuant to By-law 23-2014, height, when in reference to a Sight Triangle on a lot, is measured from the centerline of the abutting street;

    Therefore be it resolved:

    1. That Boulevard By-law 136-2006, as amended, be further amended in the form of Attachment 1, to CS-22-57 “Response to CS-21-129 being a Notice of Motion dated December 13, 2021 related to the City’s Boulevard By-law”, dated May 16, 2022, to align the height measurement standard in By-law 136-2006 with By-law 23-2014 as it relates to the permitted height of hedges, shrubs, tree plantings, posts, fences, walls or other things located on boulevards that abut Sight Triangles; and,
    2. That the amendments to Boulevard By-law 136-2006, as amended, be in a form and content acceptable to Legal Services.
    Motion
  • Whereas pursuant to CS-21-126 Bicycle Repair Station, dated November 22, 2021, being a MotionThat staff investigate the implementation of one small bicycle repair station along the Oshawa trails, similar to other stations in neighboring municipalities, and report back in 2022”; and,

    Whereas the Motion concerning bicycle repair stations was subsequently referred to the Oshawa Active Transportation Advisory Committee (O.A.T.A.C.) for input; and,

    Whereas in response to CS-21-126, O.A.T.A.C. endorsed a list of 13 locations to be considered when locating bicycle repair stations as identified in OATAC-22-09 “OATAC Projects 2022 Working Group Report - Bicycle Repair Stations” dated April 6, 2022; and,

    Whereas in order to assess the durability and ease of use staff will be piloting two different bicycle repair units by two different manufacturers which will be installed at Lakeview Park and City Hall in accordance with Items 1 and 2 of Report OATAC-22-09 to help determine future purchases; and,

    Whereas staff will consider the remaining locations identified in OATAC-22-09 based on future budget approval and as part of future trail or park projects;   

    Therefore be it resolved:

    1. That Council endorse the installation of bike repair stations at Lakeview Park and City Hall as a pilot to test durability and suitability; and,
    2. That staff consider the recommended list of locations identified in O.A.T.A.C.-22-09 when locating the placement of future bicycle repair stations to support active transportation in Oshawa, subject to budget approval.
    Motion
  • Whereas since Council’s enactment of the Delegation By-law 29-2009, changes to governing regulations and scope of projects have necessitated further amendments to ensure continued efficiency, and minimize impacts on project schedules; and,

    Whereas Regional infrastructure is often associated with an easement in favour of the Regional Municipality of Durham; and,

    Whereas City of Oshawa parks and open space projects are required at times to encroach within the Regional easements; and,

    Whereas at times, the City’s parks and open space projects may require encroachment agreements with the Regional Municipality of Durham for areas where a separate easement in favour of the City also exists on private lands; and,

    Whereas Item 34 of the City’s Delegation By-law is restricted to “approving and executing documents permitting encroachment on easements and other lands vested in the City, including lands which are a public highway, and including encroachment agreements;” and,

    Whereas it is proposed that Schedule “A” to the City’s Delegation By-law 29-2009, is amended delegating authority to the Commissioner, Community Services, or the Director, Operations, to execute encroachment agreements related to parks and open space projects with the Regional Municipality of Durham; and,

    Therefore, be it resolved that the City’s Delegation By-law 29-2009 be amended to include the following new item, in appropriate order, and in a form that is acceptable to Legal Services, the Commissioner, Community Services, and the Director, Operations Services:

    1. Delegated Authority to “Execute encroachment agreements related to parks and open space projects with the Regional Municipality of Durham”; to Delegate “Commissioner Community Services, or Director, Operations”; from the Source of Power or Duty “Municipal Act, 2001”; and, Delegation Restrictions of “Agreement to be in a form approved by City Solicitor.”
    Motion
  • Whereas in the fall of 2021, City of Oshawa Parks Operations staff were approached by representatives from St. Anne Catholic School (“School”) who expressed interest in a pollinator garden project at Gulfstream Park (“City Lands”) located on Bridle Road immediately adjacent to the School; and,

    Whereas the City of Oshawa applied for and was successful in obtaining $6,807 in grant funding from TD Friends of the Environment for a pollinator garden project at Gulfstream Park; and,

     Whereas the generous contribution from TD Friends of the Environment, along with funding secured by the School, and in-kind support provided by Parks Operations through approved operating budgets, will be used to prepare garden bed, purchase pollinator plants, installation of an interpretive sign and provision of materials for outdoor learning such as bird houses; and,

    Whereas the partnership with the School would include access to, and use of, the pollinator garden area, a 230m2 garden bed located on City Lands, at no cost to the School; and,

    Whereas the project would involve the School’s students in every aspect of the project as a student-centered and active learning opportunity for the 600 students that attend the School; and,

    Whereas the Gulfstream Pollinator Garden Project will include ongoing stewardship by the School by engaging the students in garden related activities such as planting, weeding, mulching and outdoor learning experiences; and,

    Whereas the City would provide in-kind support through approved operating budgets such as the provision of expertise, woodchips, shovels and wheel barrels to support garden related activities; and,

    Whereas this project and similar stewardship projects support the City’s declaration of a Garden Friendly City; the City’s designation as a Bee City committing to develop, restore and preserve pollinator-friendly habitats; and the following goals of the Oshawa Strategic Plan under the themes of: (1) Social Equity, the goal of ensuring an inclusive, healthy and safe community by continuing to engage citizens, residents and stakeholders and to strengthen, expand and recognize the volunteer sector; and, (2)  Environmental Responsibility, the goal to protect, conserve and promote the environment by educating the public about the value and importance of all aspects of environmental responsibility and implementing adaptation measures to strengthen the City’s resilience to a changing climate, invasive species and other stressors; and,

    Whereas the City is often approached by schools, groups, clubs, businesses and organizations looking to participate in ongoing stewardship activities and projects on City owned land that support the various goals and policies of the City; and,  

    Whereas the City is continuously looking for ways to promote the importance of the environment and to engage and educate the public while also limiting barriers, and,

    Whereas currently the City of Oshawa’s Delegation By-law 29-2009, as amended (“Delegation By-law”) does not delegate authority to City staff for approving and executing of agreements to permit ongoing stewardship, engagement or research activities exceeding one year; and,

    Whereas delegating authority to the Commissioner, Community Services, Director, Operations or Manager, Parks and Waste Operations for small scale stewardship projects, where funding or in-kind support can be achieved through approved operating budgets, is more efficient and would assist in advancing such projects;

    Therefore be it resolved:

    1. That the City partner with the staff and students of St. Anne Catholic School; and,
    2. That the Commissioner, Community Services Department, Director, Operations  or Manager, Parks and Waste Operations be authorized to execute agreements with groups and organizations that support stewardship activities, projects and partnerships, in a form and content acceptable to Legal Services; and,
    3. That the City of Oshawa’s Delegation By-law 29-2009, as amended, be amended to include the proposed amendment, appended as Attachment 1, under Parks Services.
    Motion
  • Whereas on April 25, 2022 City Council approved correspondence CS-22-41 from the Oshawa Power and Utilities Corporation (“O.P.U.C”), requesting to provide one additional Electric Vehicle charging space for a total of two spaces on Simcoe Street South adjacent to 100 Simcoe Street South, and two Electric Vehicle charger spaces each on the north side of King Street West to the west of Prince Street and on the south side of King Street East to the west of Albert Street; and,

    Whereas Council denied the request from the O.P.U.C. to provide two Electric Vehicle charging spaces along King Street West at the corner of Simcoe Street; and,

    Whereas given the importance of investing in Electric Vehicle charging infrastructure in the downtown, the two Ward 4 Councillors be authorized to approve alternative locations for two other Electric Vehicle charging spaces in the downtown in the vicinity of the intersection of Bond Street and Simcoe Street; and,

    Whereas the Ward 4 Councillors approved a fourth Electric Vehicle charging station site in the vicinity of Downtown Oshawa with City Staff and the O.P.U.C. for two spaces at 27 Simcoe Street North along the south side of Bond Street East, just east of Simcoe Street North; and,

    Whereas to promote Electric Vehicle charging stations to residents and downtown visitors, the O.P.U.C. will cover Electric Vehicle charging costs until September 15, 2022; and,

    Whereas, effective September 15, 2022, standard Electric Vehicle charging stations rates will apply and drivers will have to pay for the parking space and Electric Vehicle charging; and,

    Whereas the Reserved Parking for Electric Vehicle Charging Act, 2019, S.O. 2019, c. 18 (Bill 123) (“Reserved Parking for Electric Vehicle Charging Act, 2019”) came into effect on January 1, 2021 which amended the Highway Traffic Act, R.S.O. 1990, c. H.8 (“Highway Traffic Act”) to create parking offences for improperly parked vehicles in Electric Vehicle charging stations; and,

    Whereas in order to enforce parking violations in Electric Vehicle charging stations by way of administrative monetary penalties, M.L.E.L.S. staff require amendments to the definition section, violation section and administrative penalties section of the City’s Traffic and Parking By-Law 79-99, as amended;

    Therefore, be it resolved, that pursuant to CS-22-61, the Traffic and Parking By-Law 79-99 be amended to include definitions, violation and administrative penalties relating to reserved parking for Electric Vehicle charging as generally shown in Attachment 1 and that such by-law be in a form and content acceptable to Legal Services and the Commissioner, Community Services Department.

    Motion
  • That CORP-22-36 being a Notice of Motion concerning access to City Hall public washrooms be received for information.

    Motion
  • That Report CORP-22-24 being the Second Report of the Oshawa Animal Care Advisory Committee concerning extreme weather and the keeping of animals be received for information.

    Motion
  • That in accordance with Report CORP-22-28, dated May 4, 2022, the 2022 Exceptional Student Achievement Award in the amount of $1,000 be awarded to the student from R.S. McLaughlin Collegiate and Vocational Institute.

    Motion
  • Whereas staff regularly review City of Oshawa by-laws to ensure that they are effective and efficient; and,

    Whereas staff identified obsolete sections regarding consequential amendments in the Fence and Sight Triangle By-law 23-2014, as amended, and the Non-Parking Administrative Penalties System By-law 63-2013, as amended, that should be removed from the respective by-laws to enhance clarity and as their direction has already been captured in those subject by-laws; and,

    Whereas in an effort to address future obsolete consequential amendments in an efficient manner, staff identified a need to amend the Delegation of Authority By-law 29-2009, as amended, to authorize the City Clerk to pass by-laws which make minor amendments to remove obsolete consequential amendments;

    Therefore be it resolved that Council approve a by-law the form of Attachment 1 to CORP-22-29 “City-Initiated Technical Amendments: Removing Obsolete Consequential Amendments”, dated May 9, 2022, and in a final form acceptable to Legal Services and the Commissioner, Corporate Services Department, to amend the Fence and Sight Triangle By-law 23-2014, as amended, Non-Parking Administrative Penalties System By-law 63-2013, as amended, and Delegation of Authority By-law 29-2009, as amended to remove obsolete consequential amendments and establish delegated authority to the City Clerk as outlined in CORP-22-29, with the following exceptions:

    1. That the section in the table under the column “Delegated Authority” in row 67.1 be revised to read: "Amend and pass City By-laws to effect minor amendments that are of a housekeeping and administrative nature and those resulting from changes to applicable legislation”; and,
    2. That the section in the table under the column “Delegation Restrictions” in row 67.1 be revised to read: “Where the change to legislation results in multiple options to change a by-law, unless the matter is already clear in an existing City policy, another City by-law or Council’s position on the matter”; and,
    3. That the section in the table under the column “Communication” in row 67.1 be revised to read: “Report through the Council Information Package”.
    Motion
  • That Council approve a by-law to further amend Lot Maintenance By-law 127-2007, as amended, and Property Standards By-law 1-2002, as amended, as detailed in Section 5.4 of Report CORP-22-39 'Proposed Amendments to the Lot Maintenance By-law 127-2007 and Property Standards By-law 1-2002', dated May 4, 2022 in a form and content acceptable to Legal Services and the Commissioner, Corporate Services Department.

    Motion
  • That Correspondence DS-22-112, dated April 14, 2022, concerning the Central Lake Ontario Conservation Authority staff report regarding Provincial Consultation on Greenbelt Expansion be received for information.

    Motion
  • That Correspondence DS-22-113, dated April 8, 2022, concerning the Region of Durham forwarding Information Report 2202-22-INFO-31 concerning 2021 Census of Population, Population and Dwelling Counts Release be received for information.

    Motion
  • That Correspondence DS-22-114, dated March 30, 2022, concerning the Town of Ajax forwarding a resolution passed by the Council of the Town of Ajax supporting no urban expansion onto farmland for residential purposes in Durham Region's MCR process be received for information.

    Motion
  • That Report DS-22-104 being the Projecting Signs on the façade of 70 King Street East be endorsed:

    1.    Projecting Signs on the façade of 70 King Street East    (HTG-22-24)

    That Heritage Oshawa endorses the proposed addition of two projecting signs to the façade of 70 King Street East as shown in staff’s presentation on April 28, 2022.

    Motion
  • Whereas, on January 28, 2019, pursuant to Report DS-19-04 dated January 9, 2019, Council approved Terms of Reference for the establishment of the Columbus Community Advisory Committee (the “C.C.A.C.”), to provide an additional forum for community input into the Integrated Columbus Part II Planning Act and Municipal Class Environmental Assessment Act Study (the “Study”); and,

    Whereas, on January 28, 2019, Council selected five individuals from the Columbus community who expressed an interest in participating as a member of the C.C.A.C.; and,

    Whereas, the C.C.A.C. Terms of the Reference directs that the Committee include up to five community members, all of whom must live or own a business in the Study area, and that Oshawa City Council will be responsible for selecting the Committee members; and,

    Whereas, on November 22, 2021, City Council considered DS-21-200 concerning applications for the Columbus Community Advisory Committee in order to fill three vacancies on the C.C.A.C., and made the following motion:

    “That based on Report DS-21-200, Philippe Coutu, Darryl Koster and Arlene Feeney be selected to serve on the Columbus Community Advisory Committee”,

    and;

    Whereas, DS-21-200 contained a list of ten individuals who indicated an interest in serving on the C.C.A.C., however there were only three vacancies at the time; and,

    Whereas, one of the C.C.A.C. members has moved from the Columbus Study Area, and as a result they no longer qualify as a community member of the C.C.A.C.; and,

    Whereas, it is appropriate to fill the vacancy on the C.C.A.C. to enable it to continue carrying out its mandate, which is to provide a forum for the positive and open exchange of information and feedback on the Study, including a forum for discussion of key opportunities, concerns and potential solutions; and,

    Whereas, staff have confirmed that four (4) of the original seven (7) interested applicants contained in DS-21-200 (that were not selected) are still interested in serving on the C.C.A.C. and confirmed that they still live and/or work in the Study area; and,

    Whereas, the four (4) remaining individuals have indicated their continued interest in serving on the C.C.A.C., as identified in Confidential Attachment 1 to this Resolution; and,

    Whereas, there is only one (1) vacancy available;

    Therefore be it resolved that, pursuant to DS-22-99, Elvis Stefanovici be selected to serve on the Columbus Community Advisory Committee.

    Motion
  • Whereas on April 20, 1998, the Regional Municipality of Durham approved, subject to conditions, a revised draft plan of subdivision (File: 18T-94025) submitted by FKT Co-Tenancy Inc. to allow a mix of single detached dwellings, semi-detached dwellings, street townhouses, medium density blocks, a commercial block, a park block, a public elementary school block, a stormwater management pond block and open space blocks on lands located east of Wilson Road North, south of Conlin Road East, and west of Harmony Road North [see Attachment 1 (location of Phase 9) and Attachment 2 (draft approved draft)]; and,

    Whereas on September 6, 2000, the Regional Municipality of Durham delegated approval authority of draft plans of subdivision to the City of Oshawa; and,

    Whereas on March 29, 2022, Greycrest Homes requested that the City approve a revised draft plan for Phase 9 of draft approved plan of subdivision 18T-94025 to feature a mix of single detached dwellings and street townhouses, whereas the draft approved plan showed lots for a mix of single detached dwellings, semi-detached dwellings, and street townhouses within Phase 9; and,

    Whereas the semi-detached building lots proposed to be converted to single detached dwelling lots through this proposed revision consist of Lots 459, 460, 466, 467, 476, 477 and 478, shown on the draft approved plan of subdivision 18T-94025 (see Attachment 2) and shown as Lots 1 to 14, all inclusive, on the draft 40M-Plan for Phase 9 (see Attachment 3); and,

    Whereas the proposed revisions to the draft plan conform/comply with the Taunton Part II Plan and Zoning By-law 60-94 and do not result in a decrease or increase in the number of dwelling units proposed for Phase 9; and,

    Whereas the Planning Act specifies that an approval authority is not required to give written notice of a change to the conditions of approval if, in the opinion of the approval authority, the changes are minor in nature; and,

    Whereas the proposed changes are minor in nature and do not affect the overall intent of the draft approval issued for draft plan of subdivision 18T-94025;

    Therefore, pursuant to DS-22-91, the proposed revisions to Phase 9 of Draft Approved Plan of Subdivision 18T-94025 to accommodate single detached dwellings on lots previously proposed for semi-detached dwellings be approved, and that the proposed revisions be shown on the final 40M-Plan for registration to the satisfaction of the Director, Planning Services.  

    Motion
  • That, pursuant to Report DS-22-103 dated May 4, 2022, Council endorse the proposed revised Designation By-law and associated Designation Statement and Description for Camp Samac as shown on Attachment 4 to said Report and approve the designation of Camp Samac under Part IV of the Ontario Heritage Act.

    Motion
  • Whereas, on March 28, 2022 City Council considered CNCL-22-27, correspondence from Peter Taylor, President of Friends of the Second Marsh regarding a request to repurpose the former General Motors of Canada (G.M.) Headquarters building (see Attachment 1); and,

    Whereas, on March 28, 2022, the following motion was introduced and considered by City Council in response to CNCL-22-27:

    “That pursuant to CNCL-22-27 the City support, in principle, the proposal by the Friends of the Second Marsh dated March 22, 2022 to repurpose the General Motors of Canada Headquarters building on Colonel Sam Drive into a Great Lakes Centre for education and research provided such support does not imply any form of financial support for the proposal.; and,

    That the City Clerk be directed to send a copy of this resolution to Friends of Second Marsh; General Motors of Canada; Central Lake Ontario Conservation Authority; Ducks Unlimited; Ontario Tech; Trent University Durham; Durham College; John Henry, Regional Chair and CAO, Durham Region; Colin Carrie MP; all Durham MPPs; Minister of Ministry of Northern Development, Mines, Natural Resources and Forestry; Minister of Ministry of Environment, Conservation and Parks; and Minister of Heritage, Sport, Tourism and Culture Industries for their information.”; and,

    Whereas, on March 28, 2022, after considering CNCL-22-27, Council referred the above motion related to CNCL-22-27 to staff for a report to the Development Service Committee; and,

    Whereas, G.M. retained C.B. Richard Ellis (C.B.R.E.) to manage the commercial real estate opportunity related to the sale of the Headquarters and surrounding G.M. owned vacant lands on Colonel Sam Drive (see Attachment 2); and,

    Whereas, City staff understand that offers for purchase of the G.M. owned headquarters and vacant lands on Colonel Sam Drive were being accepted until the end of April 2022; and,

    Whereas, City staff have worked closely with both G.M. and C.B.R.E. throughout the listing process and understand that there has been significant interest in the listing and the possibility for multiple offers on the property is anticipated; and,

    Whereas, City staff are prepared to support any successful proponent in achieving highest and best use of this signature site in the City of Oshawa, particularly from an economic development and job creation perspective;

    Therefore, be it resolved that pursuant to DS-22-107:

    1. That the City support, in principle, the proposal by the Friends of the Second Marsh dated March 22, 2022 to repurpose the General Motors of Canada Headquarters building on Colonel Sam Drive into a Great Lakes Centre for education and research provided such support does not imply any form of financial support for the proposal; and,
    2. That the City support, in principle, any successful proponent in achieving highest and best use of this signature site in the City of Oshawa, particularly from an economic development and job creation perspective; and,
    3. That the City Clerk be directed to send a copy of this resolution to Friends of Second Marsh, General Motors of Canada, the Central Lake Ontario Conservation Authority, Ducks Unlimited, Ontario Tech University, Trent University Durham, Durham College, the Durham Regional Chair, the Durham Regional Chief Administrative Officer, the Regional Municipality of Durham; all Durham M.P.s and M.P.P.s, the Minister of Ministry of Northern Development, Mines, Natural Resources and Forestry, Minister of Ministry of Environment, Conservation and Parks and the Minister of Heritage, Sport, Tourism and Culture Industries for their information.
    Motion
  • Whereas, the City of Oshawa owns the lands bounded by Mary Street North, William Street East, Ontario Street and Colborne Street East, known municipally as 110 Mary Street North (the “City-owned Lands”); and,

    Whereas, the Mary Street Community School occupies the easterly portion of the City-owned Lands (see Attachment 1); and,

    Whereas, the Durham District School Board (“D.D.S.B.”) plans on constructing a new classroom wing addition and demolishing a portion of the existing school building, relocating the school parking lot and constructing new children’s outdoor areas (see Attachment 2); and,

    Whereas, in 2021, the D.D.S.B. expressed their intent to undertake the proposed construction which resulted in the City and the D.D.S.B. entering into a new and refreshed lease for the City-owned Lands effective February 28, 2022 at the direction of Council; and,

    Whereas, the lease has a term ending September 1, 2083; and,

    Whereas, all development-related applications submitted to the City, such as applications for Site Plan Approval and building permits must be signed by the registered owner of the lands; and,

    Whereas the lease agreement itself does not authorize the D.D.S.B. to submit any development-related applications for the City-owned Lands to the City without having first secured the City’s authorization to do so given that the City is the registered owner of the City-owned Lands; and,

    Whereas, the Delegation of Authority By-law 29-2009 does not contemplate providing the Commissioner, Development Services the authority to sign any development-related applications, such as the proposed applications by the D.D.S.B. for Site Plan Approval and associated building permits on the City-owned Lands, on behalf of the City of Oshawa; and,

    Whereas, the signing of an authorization by a landowner to advance a development-related application form does not constitute any form of approval of the subject application;

    Therefore be it resolved that pursuant to Item DS-22-110, the Commissioner, Development Services Department be authorized to sign the applicable owner’s authorization on behalf of the City for the Site Plan Approval application form, Site Alteration Permit form, building permit application form and any other necessary development-related application form required to be submitted by the Durham District School Board for the construction of a new building addition, new parking lot, and associated grading, servicing and landscaping work at 110 Mary Street North.

    Motion
  • Whereas the City is developing dynamic and age friendly community park block of lands within the mature residential area on the North-East side of Thornton Road, North of Rossland Road; and,

    Whereas the City of Oshawa is said to be transitioning one of historic symbols of recognition and essence being the ‘Rose’ adopted as the official flower in 1953 at the request of then Oshawa Horticultural Society, and is currently represented on the City of Oshawa’s flag by two circles of stylized petals; and,

    Whereas it is important to recognize and celebrate the history of this longstanding symbol of peace and the role it can continue to play in beautifying and attracting visitors much like other community parks across the GTA which are themed by the presence of cherry blossoms, tulips, and peony landscapes; and,

    Whereas research on the history of this particular parcel of land was performed to ensure that the naming of said park is positive and respectful to our City’s history; and,

    Whereas the park lands first phase is currently under construction and the need for a park name inclusive of signage is appropriate and consistent with the naming of the history of our City, it’s values and the floral enhancement of the area as an attractive age-friendly community park for all generations to enjoy and be proud of harmoniously;

    Therefore be it resolved:

    1. That the new park located north of Rossland Road located on the North-East side of Thornton Road be named “Rose Valley Community Park”; and,
    2. The Community Services Department be directed to undertake an extensive and attractive rose garden theme of the park’s landscape design.
    Motion
  • That, pursuant to Report DS-22-94 dated May 4, 2022, Development Services staff be authorized to advise Innovation, Science and Economic Development Canada that the City has no objection to the proposal by SpectraSite Inc. on behalf of Rogers Communications Inc. to install a telecommunication tower and related equipment at 1449 Conlin Road East, subject to Rogers Communications Inc. entering into an appropriate lease agreement with the City and addressing such matters as siting, tower design and landscaping to the satisfaction of the Commissioner, Development Services Department (File: SPA-2022-08).

    Motion
    1. That the proposed amendment to the Oshawa Official Plan related to the removal of holding symbols, as generally set out in Attachment 1 to Report DS-22-93 dated May 4, 2022, be adopted and that the appropriate amending by-law be passed in a form and content acceptable to the City Solicitor and Commissioner, Development Services Department; and, 
    2. That in the event that the amendment to the Oshawa Official Plan related to the removal of holding symbols is adopted, that the appropriate amendments to Delegation By-law 29-2009 be passed; and,
    3. That the proposed amendment to the Oshawa Official Plan related to the deletion of the future east-west Type ‘C’ Arterial Road located west of Stevenson Road North, between Conlin Road West and Taunton Road West, as generally set out in Attachment 1 to Report DS-22-93 dated May 4, 2022, be adopted by Council and that the appropriate adopting by-law be passed in a form and content acceptable to the City Solicitor and Commissioner, Development Services Department and subsequently be advanced by staff to the Region of Durham for approval given its role as the approval authority; and,
    4. That, pursuant to Report DS-22-93 dated May 4, 2022, Development Services staff be authorized to advance the necessary documentation/materials to request that the Region of Durham undertake a reciprocal amendment to the Durham Regional Official Plan to ensure that the deletion of the east-west Type ‘C’ Arterial Road from the Oshawa Official Plan conforms to the Durham Regional Official Plan; and,
    5. That, pursuant to Report DS-22-93 dated May 4, 2022 and in consideration of the request to be made to the Region of Durham under Part 4 of this Recommendation, the Town of Whitby be requested to support a corresponding amendment to the Town of Whitby Official Plan to delete that portion of the future east-west Type ‘C’ Arterial Road that falls within their jurisdiction, which consists of the corridor segment extending from Thickson Road North to the Oshawa –Whitby boundary.
    Motion
  • That Report FIN-22-52, dated May 11, 2022, concerning the City’s financial position as of March 31, 2022, be received for information.

    Motion
  • That Report FIN-22-53, dated May 11, 2022, concerning the corporate payments for the month of April 2022 be received for information.

    Motion
  • That pursuant to Report FIN-22-54 dated May 11, 2022, concerning the City of Oshawa Community Grant Program, the Evaluation and Scoring Criteria be adopted effective for the 2023 budget process.

    Motion
  • That Report FIN-22-55 concerning the Capital Project Status Report as at April 30, 2022 dated May 11, 2022 be received for information.

    Motion
  • Whereas the Purchasing By-law, requires Council approval of Professional and Consulting Services contract awards greater than $100,000; and,

    Whereas Council has approved funding for Project 18-50-0043 in the amount of $300,000, $100,000 through Report CS-21-28 and $3,080,000  for Project 22-50-0052 in for a total approved budget of $3,480,000; and,

    Whereas $183,550 has already been committed to the project for Consulting Services and paving of Phase 1 of the bike park facility; and,

    Whereas Procurement issued a Request for Proposal (R.F.P.) C2022-040 for Thornton Community Park Design, and,

    Whereas five (5) bids were received and opened by Procurement on April 19, 2022; and,

    Whereas a list of proposals submitted are publically posted on the City website at Oshawa's Bids and Tenders; and,

    Whereas proposals were evaluated on qualifications, experience, proposal quality, site vision, project deliverables, technical response and pricing; and,

    Whereas the evaluation team unanimously scored the bid received by Harrington McAvan Ltd. as comprehensive, thorough, addressed all requirements of the R.F.P, is the highest-ranking proponent and best satisfied the City’s requirements; and,

    Whereas the proposal received from Harrington McAvan Ltd. in the amount of $218,275, plus H.S.T. ($222,117, including non-rebateable H.S.T.);

    Therefore be it resolved that pursuant to Report FIN-22-56, Council authorize the Manager, Procurement and Accounts Payable to award a contract to Harrington McAvan Ltd. in the amount of $218,275 plus H.S.T. for C2022-040 Thornton Community Park Design. 

    Motion
  • Whereas the Purchasing By-Law 80-2020 requires Council approval to award contracts that exceed the approved budget; and,

    Whereas in 2021 Council approved Project 51-0124 in the amount of $280,000, inclusive of H.S.T., for replacement of Thornton Road North Fence on the west side  from south of Adelaide Avenue west to north of Castlegrove Avenue; and,

    Whereas $57,385 has already been committed to the project for Consulting Services; and,

    Whereas Procurement issued a Request for Tender (R.F.T.) C2022-018 Thornton Road Fence Replacement; and,

    Whereas six (6) bids were received and opened by Procurement on April 25 2022; and,

    Whereas bids received are publically posted on the City website at Oshawa's Bids and Tenders; and,

    Whereas the costs of materials and labour have significantly increased due to current market trends, shortages, and increased demand; and,

    Whereas the bid received from Powell Fence Ltd, in the amount of $222,725, excluding H.S.T. ($226,645 including non-rebateable H.S.T.), was the lowest compliant bidder and meets the requirements of the tender; and,

    Whereas Cosburn Giberson Landscape Architects, who is currently under contract with the City to provide consulting services for this project, recommends carrying a 15% contingency in the amount of approximately $34,000 including non-rebateable H.S.T.; and,

    Whereas there is a funding shortfall of $38,030, including non-rebateable H.S.T.; and,

    Whereas the additional cost of $38,030 can be funded from Parks & Recreation Infrastructure Reserve;

    Therefore be it resolved that pursuant to Report FIN-22-57, Council approve the additional funding of $38,030 to be funded from the Parks & Recreation Infrastructure Reserve and authorize the Manager, Procurement and Accounts Payable to award a contract to Powell Fence Ltd. in the amount of $222,725 excluding H.S.T. for C2022-018 Thornton Road Fence Replacement.

    Motion
  • Whereas the Town of Whitby is completing rehabilitation works on the section of Dryden Boulevard, west of the Oshawa City Limits in the Town of Whitby; and,

    Whereas the Town of Whitby will be reconfiguring the pavement markings on the section of Dryden Boulevard within the Town of Whitby from four lanes to two lanes to accommodate on-road cycling facilities; and,

    Whereas the Town of Whitby has engaged with City Staff about the possibility of coordinated work on Dryden Boulevard; and,

    Whereas the City’s Active Transportation Master Plan includes on-road Cycling lanes on Dryden Boulevard within the City of Oshawa; and,

    Whereas Dryden Boulevard is currently forecast, pending Council approval, for restorative mill and overlay treatment within one to three years; and,

    Whereas the Town of Whitby is willing to include the restorative work and reconfiguration of pavement markings in their existing contract for the work in the Town of Whitby; and,

    Whereas delivering this work through a coordinated effort provides savings through economies of scale and limits future disruption to both Oshawa and Whitby; and,

    Whereas earlier delivery of this work provides an opportunity for the City to protect itself against potential inflation related to the cost of delivering this work in the future; and,

    Whereas the estimated cost of this work is approximately $150,000 inclusive of H.S.T; and,

    Whereas through FIN-22-35 Council approved the use of surplus approved funding for Contract O 22-01 to include additional candidates with similar scope to the City’s contract; and,

    Whereas the inclusion of Dryden Boulevard would be of similar scope to the City’s contract while also improve efficiency through the use of a single contractor;

    Therefore be it resolved that pursuant to FIN-22-58 staff be authorized to incorporate the restoration and reconfiguration or pavement markings on Dryden Boulevard within the Town of Whitby’s contract while remaining within the approved budget amount.

    Motion
  • Consent Motion:

    That based on Report CS-22-55 being the Official Flower of the City of Oshawa, that City Council continue to maintain a rose as the official flower of the City of Oshawa.

    The Vote to adopt the recommendation in Item CS-22-55.

    Affirmative (6)Mayor Carter, Councillor Chapman, Councillor Kerr, Councillor Marimpietri, Councillor Neal, and Councillor Nicholson
    Negative (3)Councillor Giberson, Councillor Hurst, and Councillor Marks
    Absent (2)Councillor Gray, and Councillor McConkey
    Motion Carried (6 to 3)
  • Consent Motion:

    That the Notices of Motion concerning amendments to Procedure By-law 111-2017 be referred to staff to consider in the upcoming report as currently on the Corporate Services Committee Outstanding Items List to be reported back in September 2022. 

    Motion
  • Moved byCouncillor Nicholson
    Seconded byCouncillor Hurst

    That the motion be amended to delete the words ‘to consider in the upcoming report as currently on the Corporate Services Committee Outstanding Items List to be reported in September 2022’ and replace with the words: ‘to report back to a special meeting of Council to be held in Committee of the Whole on Friday, June 10, 2022 to consider potential amendments to Council’s Procedure By-law and that staff report back to the June 20, 2022 Council meeting with draft consolidated amended Procedure By-law.’

    Affirmative (9)Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor Neal, and Councillor Nicholson
    Absent (2)Councillor Gray, and Councillor McConkey
    Motion Carried (9 to 0)
  • The vote to adopt the recommendation contained in CORP-22-35, as amended.

    Motion Carried
  • Councillor Giberson declared a conflict on this item. (Councillor Giberson made a declaration of interest concerning Item CORP-22-37 as he is the Director on the Board of the Back Door Mission and did not take part in discussion or voting on the matter.)
  • Consent Motion:

    That the City nominate the Backdoor Mission for the 2022 Durham Region Accessibility Award.

    The vote to adopt the recommendation contained in CORP-22-37.

    Affirmative (8)Mayor Carter, Councillor Chapman, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor Neal, and Councillor Nicholson
    Conflict (1)Councillor Giberson
    Absent (2)Councillor Gray, and Councillor McConkey
    Motion Carried (8 to 0)
  • Councillor Giberson declared a conflict on this item. (Councillor Giberson made a declaration of interest concerning Item CORP-22-38 as he is the Director on the Board of Parkview Place and did not take part in discussion or voting on the matter.)
  • Consent Motion:

    Whereas on October 19, 2009, City Council approved a motion for the City of Oshawa to present accessibility recognition certificates recommended by the OAAC at an Annual Special Council meeting; and,

    Whereas, the OAAC accepted a list of nominations for the 2022 Accessibility Awards at their meeting held on April 20, 2022; and,

    Whereas, the nominator for one of the nominations has requested that the nomination be withdrawn due to some challenges that have yet to be addressed; and,

    Whereas, the OAAC has already dealt with the item and the Awards will be distributed to recipients during the Special Council meeting on May 30, 2022;

    Therefore it be resolved that the 2022 Accessibility Awards be awarded to only the following:  Hearth Place Cancer Support Centre, Parkview Place Senior Housing Residence and Gail Smith.

    The vote to adopt the recommendation contained in CORP-22-38.  

    Affirmative (8)Mayor Carter, Councillor Chapman, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor Neal, and Councillor Nicholson
    Conflict (1)Councillor Giberson
    Absent (2)Councillor Gray, and Councillor McConkey
    Motion Carried (8 to 0)
  • Consent Motion:

    1. That, pursuant to FIN-22-41 dated April 13, 2022, the Canadian Automotive Museum be advised to contact the Region of Durham and School Boards that include Oshawa in their jurisdiction requesting that they provide a grant or other financial assistance to offset the property tax payable to them by the Canadian Automotive Museum; and,
    2. That Canadian Automotive Museum be advised to contact the Municipal Property Assessment Corporation to request that they take appropriate action to reclassify the Canadian Automotive Museum to a tax classification of Exempt; and,
    3. That a grant be provided annually by the City of Oshawa effective 2023 to offset the amount of property tax payable to the City of Oshawa by the Canadian Automotive Museum.
    Motion
  • Amendment:
    Moved byCouncillor Nicholson
    Seconded byCouncillor Marimpietri

    That the motion be amended to add the following as Part 4:

    '4.  That the City of Oshawa send letters of support to Region of Durham and School Boards that include Oshawa in their jurisdiction requesting that they support a request from the Canadian Automotive Museum for a grant or other financial assistance to offset the property tax payable to them by the Canadian Automotive Museum; and,'

    Motion
  • Amendment:
    Moved byCouncillor Hurst
    Seconded byCouncillor Giberson

    That the amendment be amended to remove the words, 'and the School Boards'.

    Affirmative (5)Councillor Chapman, Councillor Giberson, Councillor Hurst, Councillor Kerr, and Councillor Marks
    Negative (4)Mayor Carter, Councillor Marimpietri, Councillor Neal, and Councillor Nicholson
    Absent (2)Councillor Gray, and Councillor McConkey
    Motion Carried (5 to 4)
  • Amendment:
    Moved byCouncillor Giberson
    Seconded byCouncillor Hurst

    That the amendment be further amended to delete the words, 'that include Oshawa in their jurisdiction'.

    Affirmative (9)Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor Neal, and Councillor Nicholson
    Absent (2)Councillor Gray, and Councillor McConkey
    Motion Carried (9 to 0)
  • The vote to adopt Part 4, as amended.

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

    That Item FIN-22-41 be amended to add the following as Part 5:

    '5. That staff investigate the feasibility of providing financial support to the Canadian Automotive Museum  and that subject to Council approval,  contributions be made annually beginning in 2023 in an amount adopted by Council and that this contribution be included in annual city budgets; and,'

    Motion (8 to 2)
  • Amendment:
    Moved byCouncillor Chapman
    Seconded byCouncillor Giberson

    That Part 5 be referred to the 2023 Budget.

    Affirmative (7)Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Hurst, Councillor Kerr, Councillor Marks, and Councillor Neal
    Negative (2)Councillor Marimpietri, and Councillor Nicholson
    Absent (2)Councillor Gray, and Councillor McConkey
    Motion Carried (7 to 2)
  • Moved byCouncillor Nicholson
    Seconded byCouncillor Marimpietri

    That Item FIN-22-41 be amended to add the following as Part 6:

    '6.  That the City of Oshawa offer the assistance of Oshawa staff to assist the Canadian Automotive Museum in assessing and determining their capital needs.'

    Motion (8 to 2)

    Councillor Gray reentered the meeting at 11:11 a.m.


  • Amendment:
    Moved byCouncillor Hurst
    Seconded byCouncillor Kerr

    That the amendment be further amended to include the words, 'and review of Canadian Automotive Museum’s strategic business plan with its Board of Directors' at the end.

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

    That Part 6 be referred to the 2023 Budget.

    Affirmative (4)Mayor Carter, Councillor Chapman, Councillor Kerr, and Councillor Marks
    Negative (6)Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Marimpietri, Councillor Neal, and Councillor Nicholson
    Absent (1)Councillor McConkey
    Motion Lost (4 to 6)
  • The vote to adopt Part 6, as amended.

    Affirmative (8)Mayor Carter, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor Neal, and Councillor Nicholson
    Negative (2)Councillor Chapman, and Councillor Giberson
    Absent (1)Councillor McConkey
    Motion Carried (8 to 2)
  • The vote to adopt the recommendation contained in Item FIN-22-41, as amended.

    Affirmative (10)Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor Neal, and Councillor Nicholson
    Absent (1)Councillor McConkey
    Motion Carried (10 to 0)
  • Moved byCouncillor Chapman
    Seconded byCouncillor Kerr

    That the meeting recess for five minutes.

    Motion Carried

    Councillor Chapman assumed the Chair.

    The meeting recessed at 11:41 a.m. and reconvened at 11:47 a.m. with all members of Council in attendance except Mayor Carter and Councillor McConkey.


Consent Motion:

  • That FIN-22-51 be referred to staff for a report to come back prior to the presentation of the 2023 budget.

    Affirmative (4)Councillor Giberson, Councillor Gray, Councillor Kerr, and Councillor Neal
    Negative (4)Councillor Chapman, Councillor Hurst, Councillor Marimpietri, and Councillor Nicholson
    Absent (3)Mayor Carter, Councillor Marks, and Councillor McConkey
    Motion Lost (4 to 4)
  • Councillor Kerr declared a conflict on this item. (Councillor Kerr made a declaration of interest concerning Item FIN-22-50 regarding correspondence submitted by Jacob Hamayda, General Manager, Biltmore Theatre regarding City funding for the Troubadour Concert Series as he is a voluntary organizer of the Troubadour Concert Series and did not take part in discussion or voting on the matter.)

Consent Motion:

  • That the request from Jacob Hamayda, General Manager, The Biltmore Theatre concerning City Funding for the Troubadour Concert Series be denied. 

    Affirmative (8)Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Marimpietri, Councillor Marks, Councillor Neal, and Councillor Nicholson
    Conflict (1)Councillor Kerr
    Absent (2)Mayor Carter, and Councillor McConkey
    Motion Carried (8 to 0)
  • Councillor Kerr declared a conflict on this item. (Councillor Kerr made a declaration of interest concerning Item FIN-22-59 regarding the Outdoor Troubadour Concert Series as he is a voluntary organizer of the Troubadour Concert Series and did not take part in discussion or voting on the matter.)

Consent Motion:

  • Whereas the intent of the Troubadour Concert Series was to have an outside performance to allow downtown businesses to benefit from the event;

    Therefore should the event be conducted as the original anticipated outdoor event, staff be directed to pay the performers directly to the maximum of the $3,500 allocated. 

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

    That all items listed under the heading of Closed Consent Agenda for the City Council Meeting dated May 24, 2022 be adopted as recommended except:

    Item DS-22-95 of the Eightieth Report of the Development Services Committee; and,

    Reports CNCL-22-42 and CNCL-22-43 .

    Motion Carried
  • Whereas, in 2011 Metrolinx completed a comprehensive and objective Environmental Assessment (E.A.) for the recommended extension of GO Train Service through Oshawa to Bowmanville; and,

    Whereas, Metrolinx completed a business case in 2015 confirming the use of the Canadian Pacific (“C.P.”) Rail mainline north of Highway 401 as the preferred route for the extension, as recommended by the 2011 E.A., using Metrolinx’s internal business case criteria; and,

    Whereas, in February 2020 the Metrolinx Board of Directors approved the Bowmanville Expansion Initial Business Case, which recommended an alignment of one new track plus sidings and passing tracks where necessary through the existing Oshawa GO Station connecting to C.P. Rail’s G.M. spur line to cross Highway 401, and then connecting to C.P.’s Rail’s Belleville Subdivision mainline to Bowmanville; and,

    Whereas, the Development (New Stations) team at Metrolinx has reached out to City staff as their team is currently leading the station delivery for the four proposed GO Stations along the Oshawa-to-Bowmanville GO Train extension through Metrolinx’s Transit Oriented Communities (“T.O.C.”) Program, in partnership with the Region of Durham; and,

    Whereas, in order to facilitate the exchange of confidential information between the City and Metrolinx with respect to station delivery within the City of Oshawa through Metrolinx’s T.O.C. Program for the Oshawa-to-Bowmanville GO Train extension, Metrolinx has requested that the City enter into a Non-disclosure Agreement; and,

    Whereas, the City is committed to continuing to work with Metrolinx and the Province to support the Oshawa-to-Bowmanville GO Train extension through Central Oshawa using the C.P. Rail mainline north of Highway 401; and,

    Whereas, on April 26, 2021, through the approval of DS-21-64 dated April 12, 2021, City Council authorized the Commissioner, Development Services or the Director, Planning Services to sign an Non-disclosure Agreement with Metrolinx regarding developing and constructing an upgrade and extension of the Lakeshore East corridor; and,

    Whereas, on May 26, 2021, the Non-disclosure Agreement referenced in the preceding paragraph was executed by the City and Metrolinx;

    Therefore be it resolved that pursuant to DS-22-92, the Commissioner, Development Services Department or the Director, Planning Services be authorized to enter into a Non-disclosure Agreement with Metrolinx to facilitate the exchange of confidential information between the City and Metrolinx with respect to station delivery within the City of Oshawa through Metrolinx’s Transit Oriented Communities Program for the Oshawa-to-Bowmanville GO Train extension, in a form and content to the satisfaction of the Commissioner, Development Services Department and City Solicitor.

    Motion
    1. That, pursuant to Closed Item DS-22-101, and given the localized nature of the matter, the requirements to declare a City-owned property first as potentially surplus and all notice requirements in accordance with Disposition By-law 97-2000 be waived in relation to the subject City-owned lands located on Bloor Street West; and,
    2. That, the subject City-owned lands located on Bloor Street West be declared surplus to municipal needs and requirements; and,
    3. That, the Commissioner, Development Services Department be authorized to execute any necessary documents in order to transfer the subject City-owned lands located on Bloor Street West to the Region of Durham, in a form and content satisfactory to the City Solicitor and Commissioner, Development Services Department.
    Motion

See Matters Excluded from Consent Agenda.

  • Moved byCouncillor Giberson
    Seconded byCouncillor Gray

    That the meeting be closed to the public pursuant to Section 239(c)(e) and (f) of the Municipal Act in order to consider Item DS-22-95 which is concerning a proposed or pending acquisition or disposition of land, Reports CNCL-22-42 and CNCL-22-43 concerning litigation or potential litigation matters subject to solicitor-client privilege.

    Motion Carried

    The meeting recessed at 11:49 a.m. and reconvened at 11:54 a.m. in a session closed to the public with all members of Council participating from the Council Chamber with the exception of Councillors Marks, Neal and Nicholson who participated remotely. Mayor Carter was absent for this portion of the meeting.

    Also in attendance were the City Clerk, the Chief Administrative Officer, the Commissioner, Finance Services; the Commissioner, Development Services Department; the Commissioner, Corporate Services Department; the Commissioner, Community Services Department; the City Solicitor; the Deputy City Clerk; the Director, Facilities Management; Brent Vardy, the Manager, Municipal Law Enforcement and Licensing Services; Melanie Mayhew-Hammond, the Lawyer; Sam Harris, the Policy and Research Analyst; and J. Lane, Council-Committee Coordinator.

    All other staff and members of the public left the meeting.

    Council entered closed session at 11:54 a.m.

    Members of Council questioned the Commissioner, Development Services Department and the City Solicitor concerning Item DS-22-95.

    The Commissioner, Development Services Department and the City Solicitor responded to questions from Council.

    Members of Council questioned the Commissioner, Development Services Department and the City Solicitor concerning Report CNCL-22-42.

    The Commissioner, Development Services Department and the City Solicitor responded to questions from Council.

    Members of Council questioned the Commissioner, Development Services Department and the City Solicitor concerning Report CNCL-22-43.

    The Commissioner, Development Services Department and the City Solicitor responded to questions from Council.

    Closed meeting discussions took place.

     


  • Moved byCouncillor Kerr
    Seconded byCouncillor Marimpietri

    That Council rise from closed session and report.

    Motion Carried

    Council rose from closed session at 12:24 p.m.

    Closed Report

    Councillors Marks, Neal and Nicholson who were participating remotely verbally affirmed they were alone.

    Members of Council questioned the Commissioner, Development Services Department and the City Solicitor concerning Item DS-22-95.

    The Commissioner, Development Services and the City Solicitor responded to questions from Council.

    Members of Council questioned the Commissioner, Development Services Department and the City Solicitor concerning Report CNCL-22-42.

    The Commissioner, Development Services and the City Solicitor responded to questions from Council concerning Report CNCL-22-42.

    Members of Council questioned the Commissioner, Development Services Department and the City Solicitor concerning Report CNCL-22-43.

    The Commissioner, Development Services and the City Solicitor responded to questions from Council concerning Report CNCL-22-43.

    A motion to amend the direction to staff contained in Report CNCL-22-43 was made.

    The amendment providing direction to staff concerning Report CNCL-22-43 was voted on in Closed session and Lost.

    The vote to adopt the direction to staff contained in Item DS-22-95 Carried.

    This concludes the closed meeting summary.


Consent Motion:

  • That, pursuant to Closed Report DS-22-95 dated May 4, 2022, City staff be directed to advance Recommended Option 1 as set out in Section 5.3.1 of said Report.

    Affirmative (5)Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Kerr, and Councillor Marimpietri
    Negative (4)Councillor Hurst, Councillor Marks, Councillor Neal, and Councillor Nicholson
    Absent (2)Mayor Carter, and Councillor McConkey
    Motion Carried (5 to 4)

Consent Motion:

  • That staff be authorized to proceed as directed in the recommendation contained in Section 5.3 of Report CNCL-22-42 dated May 18, 2022.

    Motion Carried

Consent Motion:

  • That pursuant to Closed Report CNCL-22-43 dated May 18, 2022, staff be directed to proceed as recommended in Section 5.3.1 of said Report and provide direction as set out in Section 5.3.2 of said Report.

    Motion Carried

The following notice of motion is submitted by Councillor Nicholson:

"Whereas Community Safety Zones are effective in addressing speeding and other traffic issues in areas of special need; and,

Whereas this is especially true is zones that access schools and parks;

Be it resolved that Council support the following:

1.  That a Community Safety Zone be established in the following zones:

  1. Simcoe Street South from Wentworth Street to Lakeview Park; and,
  2. Cedar Street from Wentworth Street West to Stone Street; and,
  3. Phillip Murray Avenue from Valley Drive to Park Road South; and,

2. That as these zones are under consideration, the City request Durham Regional Police to increase enforcement for excessive speeding and other traffic offences; and,

3. That this motion be referred to the Community Services Committee."

The following seven notices of motion are submitted by Councillor McConkey:

"Whereas the City of Oshawa Accessibility Advisory Committee (the OAAC) has volunteer members dedicated to promoting a barrier free city and ensuring an environment that is inclusive for all abilities; and,

Whereas park redevelopment projects have come before the OAAC that have not included accessible playground equipment and the OAAC has been informed that any effort to add accessible equipment would delay the project with the resulting in a shortage of time to add what OAAC recommendations; and,

Whereas following the Oct, 2022 election the new City Council and senior staff would benefit from an in-person Education and Training session on improving accessibility in Oshawa;

Now therefore staff arrange for a special Education and Training session on improving accessibility in Oshawa so that time constraints in the planning and development process do not leave accessibility improvements last or left off any list; and,

That this motion be referred to the next meeting of City Council."

And;

"Whereas residents dedicate time and energy to send an email to the City Clerk requesting their correspondence be added to a City meeting agenda, they are required to submit their name; and,

Whereas at the start of a Committee or Council meeting residents there have been times when listening to hear if their letter has been added to any against, the letter writer may hear only that ‘various’ correspondence has been referred to a report on the agenda’, with no mention of their name; and,

Whereas grouping letter writers together as ‘various’ falls short on giving respect to the individual letter writers;

Now therefore concerning correspondence received and added to a meeting agenda the letter writer’s respectfully be identified by the individual’s name and not lumped together as ‘various’; and, 

That this motion be referred to the Corporate Services Committee."

And;

"With the hybrid meeting format, in the electronic meeting chat when individual members of council send messages to the Clerk about having a motion, making a referral or requesting to asks questions of a delegation, no other members of council are privy to this information. The ‘blind chat’ presents a lack of transparency to all members of council which amounts to a closed discussion that has the potential to disadvantage other members of council;

Now therefore, the electronic Chat function between the Clerk and Council members should be made visible and accessible to all Council members for a fair and open process; and, 

That this motion be referred to the Corporate Services Committee."

And;

"Whereas a Notice of Motion presented at the beginning of a Standing Committee meeting or a New Item Motion presented by a member of a Standing Committee presented at the end of a Standing Committee meeting can be voted down by a majority of the Standing Committee members; and,

Whereas a Standing Committee’s voting members at the most are six members; and,

Whereas Council is made up of 11 voting members; and,

Whereas opinions can change in the time between a Committee vote and a Council vote;

Now therefore a failed Notice of Motion or New Item motion not approved at a Standing Committee is added to the next Council agenda to ensure a full and transparent process; and,

That this motion be referred to the Corporate Services Committee".

And;

"Whereas farm operations in the of Oshawa hire out of Canada seasonal workers; and,

Whereas these seasonal workers require accommodation on the farms for convenience and well-being; and,

Whereas the residential licencing for rental accommodation does not align with the needs of the farm operations and seasonal workers;

Now therefore staff investigate at specific arrangement for seasonal worker accommodation on Oshawa farms that is fair and ensures arrangement for Bunkie accommodation are reasonable and is exempt from the regular rental accommodation permits; and, 

That this motion be referred to the Corporate Services Committee."

And;

"Whereas the Taunton Road and Simcoe Street North intersection presents safety concerns given the number of vehicles making left hand turns out of the Macdonalds restaurant onto Simcoe Street;

Now therefore the City of Oshawa investigate with the property owners and the Region of Durham to exclude left turns onto Simcoe Street North from the Macdonald’s restaurant; and,

That this motion be referred to the next meeting of City Council".

And;

"Whereas the current high price of gas is having major negative impact on Canada’s economy;

Now therefore the City of Oshawa propose to the both Federal and Provincial governments to eliminate both the provincial and federal gas tax and increase the HST to compensate for lost revenue; and, 

That this motion be referred to the next meeting of City Council".

  • Moved byCouncillor Giberson
    Seconded byCouncillor Gray

    A by-law to confirm the City Council meeting of May 24, 2022.

    Motion Carried
  • Moved byCouncillor Kerr
    Seconded byCouncillor Marimpietri

    That the meeting adjourn at 12:30 p.m.

    Motion Carried