Oshawa City Council

Minutes

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

Deputy Mayor Chapman presided.

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.

Various announcements were made relating to activities and events.

  • Moved byCouncillor Kerr
    Seconded byCouncillor McConkey

    That Section 15 of Council’s Procedure By-law be waived in order to introduce a motion to reconsider a past decision of Council concerning an application for a variance to the Sign By-law for 27 to 33 Simcoe Street South. (Requires 2/3 vote of members present)

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

    That Council reconsider its decision of February 22, 2021 concerning Item DS-21-16 being an application submitted by WJW Canada Inc. for a variance to Sign By-law 72-96 for 27 to 33 Simcoe Street South.

    Motion (9 to 1)
  • Councillor Nicholson challenged the Chair's ruling on the reconsideration.

    The vote to uphold the Chair's ruling.

    Affirmative (9)Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor McConkey, Councillor Neal, and Councillor Lee
    Negative (1)Councillor Nicholson
    Absent (1)Mayor Carter
    Motion Carried (9 to 1)
  • The vote to reconsider Council's decision of February 22, 2021 concerning Item DS-21-16.

    Affirmative (9)Councillor Chapman, Councillor Gray, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor McConkey, Councillor Neal, Councillor Nicholson, and Councillor Lee
    Negative (1)Councillor Giberson
    Absent (1)Mayor Carter
    Motion Carried (9 to 1)
  • The following motion was now before Council:

    Moved byCouncillor Kerr
    Seconded byCouncillor McConkey

    That the request contained in Report DS-21-16 concerning an application for variance to Sign By-law 72-96, 27 to 33 Simcoe Street South, WJW Canada Inc. be denied.

    Affirmative (4)Councillor Giberson, Councillor Kerr, Councillor Marimpietri, and Councillor Nicholson
    Negative (6)Councillor Chapman, Councillor Gray, Councillor Marks, Councillor McConkey, Councillor Neal, and Councillor Lee
    Absent (1)Mayor Carter
    Motion Lost (4 to 6)
  • Moved byCouncillor Giberson
    Seconded byCouncillor McConkey

    That the Item concerning the original motion regarding an application for variance to Sign By-law 72-96 for 27 to 33 Simcoe Street South submitted by WJW Canada Inc. be deferred to the end of the meeting 

    Motion Lost
  • Moved byCouncillor Gray
    Seconded byCouncillor Nicholson

    That the motion be put to a Vote. (Requires 2/3 vote of members present)

    Affirmative (4)Councillor Gray, Councillor Kerr, Councillor Marimpietri, and Councillor Lee
    Negative (6)Councillor Chapman, Councillor Giberson, Councillor Marks, Councillor McConkey, Councillor Neal, and Councillor Nicholson
    Absent (1)Mayor Carter
    Motion Lost (4 to 6)
  • Moved byCouncillor Nicholson
    Seconded byCouncillor Giberson

    That the motion be referred to the appropriate Standing Committee. 

    Motion Lost
  • The vote on the motion to deny the application for a sign variance as outlined in Item DS-21-16.

    Affirmative (4)Councillor Giberson, Councillor Kerr, Councillor Marks, and Councillor Nicholson
    Negative (6)Councillor Chapman, Councillor Gray, Councillor Marimpietri, Councillor McConkey, Councillor Neal, and Councillor Lee
    Absent (1)Mayor Carter
    Motion Lost (4 to 6)
  • Moved byCouncillor Kerr
    Seconded byCouncillor McConkey

    That the request contained in Report DS-21-16 concerning an application for variance to Sign By-law 72-96 for 27 to 33 Simcoe Street South submitted by WJW Canada Inc. be approved in accordance with Section 5.4.2 of said Report. 

  • Amendment:
    Moved byCouncillor Nicholson
    Seconded byCouncillor Marimpietri

    That the motion be amended to add the words 'for a two year trial period' after the words 'be approved'

    Affirmative (6)Councillor Giberson, Councillor Marimpietri, Councillor Marks, Councillor Neal, Councillor Nicholson, and Councillor Lee
    Negative (4)Councillor Chapman, Councillor Gray, Councillor Kerr, and Councillor McConkey
    Absent (1)Mayor Carter
    Motion Carried (6 to 4)
  • The vote to adopt the motion to approve a variance to Sign By-law 72-06 for 27 to 33 Simcoe Street South submitted by WJW Canada Inc., as amended 

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

Deputy Mayor Chapman recognized the following 2023 Community Organization Volunteer Award recipients: 

  • John Fair, Oshawa Senior Community Centres 55+
  • Lynn Morrison, Oshawa Senior Community Centres 55+
  • Mary Ann Gillman, Lakeridge Health Oshawa
  • Pam Foote, Lakeridge Health Oshawa

Deputy Mayor Chapman presented Certificates of Recognition to players Patrick Lynch and Megan Bint on behalf of the women and men’s Durham Lords Rugby teams in recognition of their 2022 gold medal, undefeated season.

  • Moved byCouncillor Marimpietri
    Seconded byCouncillor Marks

    That the delegation of Robert Small be heard. (Requires 2/3 vote of members present)

    Motion Carried
  • Moved byCouncillor Marimpietri
    Seconded byCouncillor Marks

    That the delegation of Mike Byrne be heard.

    Motion Carried
  • Moved byCouncillor Marimpietri
    Seconded byCouncillor Marks

    That the meeting recess. 

    The meeting recessed at 10:34 a.m. and reconvened at 10:40 a.m. with all Members of Council in attendance except Councillor Marks.

    Motion Carried

Robert Small addressed City Council concerning Item CO-23-12 regarding a petition for pedestrian crossover on Coldstream Drive near Bloom Senior Residence.

Councillor Marks re-entered the meeting during the delegation.

  • Moved byCouncillor Neal
    Seconded byCouncillor Nicholson

    That the delegation's time be extended by 2 minutes. 

    Motion Carried

    Robert Small continued to address City Council concerning Item CO-23-12 regarding a petition for pedestrian crossover on Coldstream Drive near Bloom Senior Residence. 

    Members of Council questioned Robert Small. 


Mike Byrne addressed City Council concerning Item CO-23-11 regarding memorials and recognizing unmarked graves.

  • Moved byCouncillor Nicholson
    Seconded byCouncillor Marimpietri

    That Correspondence Item CNCL-23-34 concerning Robert McLaughlin Gallery's Board of Directors requesting Leasehold Improvement to Arthur's on the 4th be referred to the Economic and Development Services Committee.

    Motion Carried
  • Moved byCouncillor Marimpietri
    Seconded byCouncillor Marks

    That all items listed under the heading of Public Consent Agenda for the City Council Meeting dated April 3, 2023 be adopted as recommended except:

    Items CO-23-11, CO-23-12 and CO-23-15 from the Fourth Report of the Community and Operations Services Committee; and, 

    Items CF-23-16, CF-23-17 and CF-23-15 from the Fourth Report of the Corporate and Finance Services Committee; and,

    Items ED-23-41, ED-23-38, ED-23-39 and ED-23-43 from the Seventh Report of the Economic and Development Services Committee; and,

    Items SF-23-13 and SF-23-12 from the Fourth Report of the Safety and Facilities Services Committee; and,

    Report CNCL-23-37.

    Motion Carried
  • That the minutes of the City Council meetings held on February 21 and February 27, 2023 be adopted.

  • That Correspondence CNCL-23-35 from Ann Barker submitting comments in support of Item ED-23-41 regarding a request for a Heritage Conservation District Study in the Maxwell Heights Community be referred to Item ED-23-41.

  • That Correspondence CNCL-23-36 from Robert Small submitting comments concerning Item CO-23-12 regarding a petition for pedestrian crossover on Coldstream Drive near Bloom Senior Residence be referred to Item CO-23-12.

  • That in accordance with Correspondence CNCL-23-33 from the Region of Durham dated November 22, 2022, Robert Astley be nominated to the Durham Active Transportation Committee for a four-year term corresponding with the term of Regional Council or until such time as new appointments are made.

  • That Report CO-23-13, dated March 14, 2022 being the Community and Operations Services Committee’s Outstanding Items Status Report for the first quarter of 2023 be received for information.

  • That based on Report CF-23-19 being a report of the Oshawa Animal Care Advisory Committee withdrawing the motion to feature a monthly newsletter on the City of Oshawa website concerning wildlife be received for information. 

  • That Report CF-23-13 concerning the corporate payments for the month of December 2022 be received for information.

  • That Report CF-23-14 dated March 1, 2023 concerning the 2022 annual investment activity be received for information.

  • That pursuant to Report CF-23-18 concerning the Community Benefit Charge Strategy Feedback, dated March 1, 2023, the Community Benefit Charge be approved with an effective date of May 1, 2023.

  • That Report CF-23-20, dated March 1, 2023 being the Corporate and Finance Services Committee’s Outstanding Items List Status Report for the first quarter of 2023 be received for information.

    1. That in accordance with Section 5.4 of Council’s Advisory Committees of Council Policy and Procedure, the seat of the absentee member from the Oshawa Environmental Advisory Committee be declared vacant; and,
    2. That Rick Harrington be appointed to the Oshawa Active Transportation Advisory Committee for a term ending November 14, 2024; and, Christopher Biancaneillo and Joseph Young be appointed to the Oshawa Environmental Advisory Committee for terms ending November 14, 2023 and November 14, 2024 respectively; and, Adeel Haq be appointed to the Oshawa Accessibility Advisory Committee for a term expiring November 14, 2024.
  • That Report ED-23-51 from the Oshawa Accessibility Advisory Committee concerning the Oshawa Engineering Sidewalk Standards be referred to the Consultant undertaking the updating to the Engineering Design Standards.

  • That, pursuant to Report ED-23-55 dated March 1, 2023, Economic and Development Services staff be authorized to retain the services of a qualified heritage consultant to:

    1. Prepare a Heritage Research Report for Union Cemetery, including a Statement of Cultural Heritage Value or Interest, a detailed listing of heritage attributes, and report back to the Economic and Development Services Committee in Q4 2023 with a recommendation concerning designation of the property, based upon the Heritage Research Report; and,
    2. Prepare a supplemental Heritage Research Report for 149 Harmony Road South, including a Statement of Cultural Heritage Value or Interest, a detailed listing of heritage attributes;
      1. Provide the Owner of 149 Harmony Road South with the supplemental Heritage Research Report, and request an updated position on heritage designation of the property; and,
      2. Report back to the Economic and Development Services Committee in Q4 2023 with a recommendation concerning designation of the property, including the supplemental Heritage Research Report and the updated stance from the Owner; and,
    3. Prepare a Heritage Research Report for the Robert McLaughlin Gallery site, including a Statement of Cultural Heritage Value or Interest, a detailed listing of heritage attributes, and report back to the Economic and Development Services Committee in Q4 2023 with a recommendation concerning designation of the property, based upon the Heritage Research Report; and,
    4. Prepare a Heritage Research Report for Memorial Park, including a Statement of Cultural Heritage Value or Interest, a detailed listing of heritage attributes, and report back to the Economic and Development Services Committee in Q4 2023 with a recommendation concerning designation of the property, based upon the Heritage Research Report.
  • Whereas, the Region had planned work on an existing road structure on Taunton Road West, between Stevenson Road North and Northbrook Street; and,

    Whereas, the need for a pedestrian connection was identified to maintain the connection over the existing bridge; and,

    Whereas, the Region investigated different options including replacing the existing road structure while widening the existing sidewalks, rehabilitating the existing structure while cantilevering the existing sidewalks and rehabilitating the existing structure while building a separate pedestrian structure adjacent to the road structure; and,

    Whereas, through the design phase the Region determined it was financially beneficial to rehabilitate the existing road structure while constructing a separate pedestrian facility; and,

    Whereas, under Durham Region Contract D2015-017, the Region constructed a pedestrian bridge across the Oshawa Creek along Taunton Road West; and,

    Whereas, the pedestrian bridge completes the multi-use path connection across the Oshawa Creek on the south side of Taunton Road West, from Stevenson Road North to Northbrook Street; and,

    Whereas, this connection is identified as a cycling infrastructure in the approved Regional Cycling Plan and the City of Oshawa’s Active Transportation Master Plan; and,

    Whereas, in current practice the responsibility for the construction of pedestrian facilities along Regional right-of-ways, including sidewalks and multi-use path connections, is shared between the City and the Region, where the Region supplies and funds the platform and the City funds the surface works; and,

    Whereas, the City is responsible for all costs related to the operation, maintenance, repair and replacement of pedestrian facilities along Regional right-of-ways; and,

    Whereas, under Durham Region Contract D2015-017, the Region fully funded the design and construction of the pedestrian bridge at no cost to the City; and, 

    Whereas, the Region has notified the City of their intent to transfer ownership and responsibility for the pedestrian bridge to the City, including its operating and maintenance costs and full management control of the structure; and,

    Whereas, following the transfer of ownership of the pedestrian bridge, the Region will have no obligations or responsibility in any way to provide, operate, maintain, replace or guarantee any facility or equipment required for the structure or any part thereof; and,

    Whereas, following the transfer of ownership of the pedestrian bridge, the City will be 100% responsible for of all costs and expenses, directly or indirectly related to the operation, maintenance, repair and replacement of the structure and will assume full control of the structure; and,

    Whereas, City staff have no objection to the transfer of the pedestrian bridge to the City;

    Therefore be it resolved that the Commissioner, Economic and Development Services Department be authorized to finalize the conditions for the transfer of ownership of the pedestrian bridge to the City, to the satisfaction of the Commissioner, Economic and Development Services Department, Commissioner, Community and Operations Services Department, and the City Solicitor, and that the updated agreement be executed. 

    1. That Report ED-23-46 dated March 1, 2023 be endorsed as the City’s comments on the Region of Durham’s Draft Official Plan prepared pursuant to the Envision Durham Municipal Comprehensive Review exercise; and,
    2. That staff be authorized to forward a copy of Report ED-23-46 dated March 1, 2023 and the related Council resolution to the Region of Durham and Durham area municipalities.
    1. That, pursuant to Report ED-23-47, dated March 1, 2023, staff be authorized to advance the public consultation process under Stage 2 of the Integrated Major Transit Station Area Study to Develop a Land Use and Transportation Plan and Environmental Study Report for the Central Oshawa Major Transit Station Area, in accordance with the Council approved Terms of Reference, as follows:
      1. Schedule Public Information Centre Number 2 to be held in the second quarter of 2023, to be held at Oshawa City Hall in-person but also offering a virtual forum, for the purpose of presenting for public review and input the land use and transportation alternative solutions for the Integrated Major Transit Station Area Study; and,
      2. Provide notice of the public consultation process for Stage 2 of the Integrated Major Transit Station Area Study as generally outlined in Section 5.4.1 of said Report.
    2. That Parsons Inc. present to the Economic and Development Services Committee the land use and transportation alternative solutions for the Integrated Major Transit Station Area Study, prior to the holding of Public Information Centre Number 2.
    3. That upon concluding the public consultation process for Stage 2 of the Integrated Major Transit Station Area Study, staff be directed to report back to the Economic and Development Services Committee with the results of the public consultation.
  • That Report ED-23-49, dated February 28, 2022 being the Economic and Development Services Committee’s Outstanding Items Status Report for the first quarter of 2023 be received for information.

    1. That, pursuant to Report ED-23-53 dated March 1, 2023, the revised application submitted by Downing Street (Ritson Road) Inc. to amend the Oshawa Official Plan (File: OPA-2021-05) to re-designate the southern portion of the lands generally located east of Ritson Road North, north of Adelaide Avenue East from Industrial –Regeneration Area to Residential 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, pursuant to Report ED-23-53 dated March 1, 2023, the revised application submitted by Downing Street (Ritson Road) Inc. to amend Zoning By-law 60-94 (File: Z-2021-10) to rezone the lands generally located east of Ritson Road North, north of Adelaide Avenue East from R2 (Residential) and GI (General Industrial) to an appropriate R6-B (Residential) Zone to permit the development of 154 stacked townhouse units 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,
    3.  That, in accordance with Section 34(17) of the Planning Act and notwithstanding that the Zoning By-law Amendment proposed in Report DS-22-23 dated February 2, 2022 presented at the public meeting of February 7, 2022 differs to some degree from the proposed amendment recommended to be approved by City Council pursuant to Part 2 of this Recommendation in Report ED-23-53, such differences are not substantial enough to require further notice and another public meeting.
    1. That, pursuant to Report ED-23-54 dated March 1, 2023, the comments contained in Section 5.3 of said Report be endorsed as the City’s comments on the Province’s “Municipal Reporting on Planning Matters – Proposed Minister’s Regulation under the Planning Act.”; and,
    2. That staff be authorized to submit the comments contained in Report ED-23-54 dated March 1, 2023 related to the “Municipal Reporting on Planning Matters – Proposed Minister’s Regulation under the Planning Act” to the Province to meet the March 8, 2023 deadline in response to Notice 019-6619 posted on the Environmental Registry of Ontario website, and to provide subsequent follow-up once Council has considered this matter on April 3, 2023; and,
    3. That staff be authorized to forward a copy of Report ED-23-54 dated March 1, 2023 and the related Council resolution to the Region of Durham, Durham area municipalities, Durham area M.P.P.s, the Durham Chapter of the Building Industry and Land Development Association and the Durham Region Home Builders’ Association.
  • That Report SF-23-10, dated March 15, 2023, concerning the Vacant and Building Land Registry By-law be referred back to Staff to report on the legislative and legal options to expand section 8.1.4 of the Property Standards By-law (Repair or Demolish Vacant Buildings) under the pretext of the establishment of a new vacant buildings registry.  The amended report shall include detail about the following:

    1. A new abridged timeframe for demolition, (Currently 24 months).  Staff are to report to committee on a new 12 month timeframe. If 24 months is statutorily set, any and all options to engage other levels of government to discuss proposals for adjustments; and,
    2. Once the timeframe for compliance of the by-law has been breached, staff are to report on all the logistic and legal ramifications to expedite an order for demolition; and,
    3. The current by-law 8.1.4., orders the property owner to commence demolition on their own, with no specific timeframe. Staff are to report on all ramifications of the City assuming control of the demolition with costs of such work levied on the infracting property owner; and,
    4. Staff are to report on the advisability of including a demolition time line in the newly proposed vacant buildings registry; and,
    5. Staff to report by next meeting of the Safety and Facilities Services Meeting.
  • That Council direct Municipal Law Enforcement to continue with a compliance-focused and risk-based enforcement approach with an emphasis on continuing and/or implementing the action items as detailed in Sections 5.3 and 5.4 of Report SF-23-09, “Municipal Law Enforcement Tools, Enforcement Approach and Cost Recovery Efforts”, dated March 15, 2023.

    1. That Council endorse, in principle, the plan for a potential consolidated Fire Services Dispatch Centre as outlined in Report SF-23-11, dated March 15, 2023; and,
    2. That the Fire Chief be directed to advance discussions with the Town of Ajax to determine potential financial and administrative costs associated with a potential consolidated Fire Services Dispatch Centre; and,
    3. That staff report back with the potential costs and implementation plan. 
  • That Staff investigate the feasibility and options for lighting the Michael Starr Trail between Bruce Street and Front Street and report back in the Third Quarter, 2023.

    1. That Council approve the hiring of three temporary or contract resources for Engineering Services as outlined in Report ED-23-60 dated March 15, 2023; and,
    2. That the temporary staff or contract resources be funded from the Subdividers Fixed Fees account.
    1. That, pursuant to Report CNCL-23-32 dated March 29, 2023, sandwich board signs in the Central Business District Zones in the Downtown Oshawa Urban Growth Centre be permitted and the proposed by-law to amend Sign By-law 72-96, as amended, to give effect to the same be approved, as generally set out in Attachment 3 of said Report, and that an appropriate formal by-law be passed in a form and content acceptable to the City Solicitor and the Commissioner, Economic and Development Services Department; and,
    2. That, pursuant to Report CNCL-23-32 dated March 29, 2023, the notice provisions of By-law 147-2007 (e.g. newspaper advertisements) be waived concerning notice for any proposed amendment to Sign By-law 72-96 in consideration of the sandwich board pilot project, which has had a duration of six years, being made permanent in the event Part 1 of this recommendation is approved; and,
    3. That a copy of Report CNCL-23-32 dated March 29, 2023, and the related Council resolution be sent to the Region of Durham.

The following By-laws were passed:

(Implements direction of April 3, 2023 through Item ED-23-53 of the Seventh Report of the Economic and Development Services Committee to redesignate certain lands generally located east of Ritson Road North, north of Adelaide Avenue East, from Industrial within a Regeneration Area to Residential.)

(Implements direction of April 3, 2023 through Item ED-23-53 of the Seventh Report of the Economic and Development Services Committee to amend Zoning By-law 60-94 to permit the development of 154 stacked townhouse units on lands generally located east of Ritson Road North, north of Adelaide Avenue East.)

(Implements direction of April 3, 2023 through Report CNCL-23-32 to further amend Sign By-law 72-96, as amended, to permit sandwich board signs in the Central Business District Zones in the Downtown Oshawa Urban Growth Centre.)

  • Councillor Neal declared a conflict on this item. (He sits on the Board of Directors for the Oshawa Senior Citizens Centre (OSCC55+) and did not take part in discussion or voting on the matter.)
  • That in accordance with Correspondence CNCL-23-37 from the Oshawa Senior Community Centres Board of Directors, Council endorse the nomination of David Andrews for the 2023 Senior of the Year Award.

    Affirmative (9)Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor McConkey, Councillor Nicholson, and Councillor Lee
    Conflict (1)Councillor Neal
    Absent (1)Mayor Carter
    Motion Carried (9 to 0)
  • That pursuant to Report CO-23-11, dated March 15, 2023, concerning the memorials, recognizing unmarked graves, the Community and Operations Services Committee select an appropriate option as set out in Section 5.5

  • Moved byCouncillor Nicholson
    Seconded byCouncillor McConkey

    That the recommendation contained in CO-23-11 concerning Memorials, Recognizing Unmarked Graves be referred back to the Community and Operations Services Committee and that staff approach the Region of Durham to review the compensation provided for burials and related services provided. 

    Motion Carried

Consent Motion:

  • That pursuant to Report CO-23-12 dated March 15, 2023, concerning the petition for pedestrian crossover on Coldstream Drive near Bloom Senior Residence, that a pedestrian crossover (PXO) not be installed on Coldstream Drive near Bloom Senior Residence (1224 Coldstream Drive).

  • Moved byCouncillor Neal
    Seconded byCouncillor McConkey

    That Item CO-23-12 concerning a petition for pedestrian crossover on Coldstream Drive near Bloom Senior Residence be referred back to staff to report back to the Community and Operations Services Committee. 

    Affirmative (7)Councillor Giberson, Councillor Kerr, Councillor Marimpietri, Councillor McConkey, Councillor Neal, Councillor Nicholson, and Councillor Lee
    Negative (3)Councillor Chapman, Councillor Gray, and Councillor Marks
    Absent (1)Mayor Carter
    Motion Carried (7 to 3)
  • Moved byCouncillor McConkey
    Seconded byCouncillor Neal

    That the meeting recess for 20 minutes.

    Motion Lost

Consent Motion:

  • Whereas lifesaving devises known as defibrillators (Automatic External Defibrillators) are installed in many of our Park Clubhouses; and, 

    Whereas these batteries need to be replaced from time to time; and,

    Whereas there may be sponsorship opportunities available to fill this need; and,

    Therefore be it resolved:

    1. That staff be authorized to replace these batteries on an as needed basis and to search for sponsorship opportunities; and,
    2. That a copy of this motion be sent to the Oshawa Central Council of Neighbourhood Associations (O.C.C.N.A.).
  • The vote to adopt the recommendation contained in Item CO-23-15.

    Motion Carried

Consent Motion:

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

    Whereas, Council approved Project #21-10-0034 Retrofit of Air Distribution System and HVAC – Fire Hall 1 in the amount of $750,000 including non-rebateable H.S.T.; and,

    Whereas, through the Request for Tender (R.F.T.) process, the contract was awarded to Mapleridge Mechanical Contracting in 2022 and Council approved an additional $596,000 in funding however the contract with Mapleridge Mechanical Contracting was subsequently cancelled; and,

    Whereas, Procurement issued a new Request for Tender (R.F.T.) C2022-114 HVAC Replacement - Fire Hall #1 with a revised scope; and,

    Whereas, a total of four (4) bids were received and opened by Procurement on January 18, 2023 of which two bids were responsive and responsible, but over budget; and,

    Whereas, the Purchasing By-law 80-2020, 5.02e allows for negotiation where the lowest responsive and responsible bid received through a Request for Tender substantially exceeds the estimated cost of the Goods and/or Services; and,

    Whereas, Procurement and Facilities Management Services staff negotiated an amount of $1,160,200 excluding H.S.T. with the lowest compliant bidder; and,

    Whereas, current financial commitments for Project #21-10-0034 are approximately $465,000, for the completion of design, tender preparation and equipment purchase; and,

    Whereas, there is a funding shortfall in the amount of $300,000, including non-rebateable H.S.T.; which Finance Services has confirmed can be funded from the 2022 Operating Surplus;

    Therefore be it resolved, that the additional funds of $300,000 required to award and progress Project #21-10-0034 for HVAC upgrades at Fire Hall 1 be approved and authorize the Manager, Procurement and Accounts Payable to award a contract to Canadian Tech Air Systems in the amount of $1,160,200, plus H.S.T. for HVAC Replacement - Fire Hall 1.

  • The vote to adopt the recommendation contained in Item CF-23-16.

    Motion Carried

Consent Motion:

  • Whereas, the City’s tree canopy has been heavily impacted by extreme weather (drought, wind, ice storms), hotter temperatures, disease (pine wilt) and invasive species (emerald ash borer); and,

    Whereas, these challenges combined with an aging canopy are impacting the resiliency of the City’s urban tree canopy and limiting its effectiveness to respond to the needs of a changing climate; and,

    Whereas, trees are an appreciating asset and play a critical role in mitigating impacts of climate change by cleaning our air, lowering average temperatures to reduce the impacts of extreme heat events, and capturing stormwater runoff to help minimize flooding; and,

    Whereas, staff have identified a number of areas within greenspaces, natural areas and along rural roads where reforestation and enhancement plantings would help ensure that the City’s urban tree canopy is diverse in not only species but age thereby safeguarding the resiliency of our urban forest into the future; and,

    Whereas, In 2019, the Government of Canada committed to supporting governments and organizations in planting an additional two billion new trees over the next 10 years as a broader approach to nature-based climate solutions, with the goal of achieving significant carbon sequestration, GHG reductions, habitat restoration, biodiversity and increased human well-being and environmental co-benefits; and,

    Whereas, Natural Resources Canada (NRCan) has launched an ongoing call for proposals through the 2 Billion Trees (2BT) program that aims to put into place financial assistance agreements with proponents to motivate and support new tree planting projects; and,

    Whereas, eligible applicants/recipients include:

    • a municipal or local government or one of their agencies, or a regional municipal organization;
    • a not-for profit organization, registered in Canada, such as a charity, volunteer, community, professional, industry or other association, land conservation or non-government organization;
    • a for-profit organization (legally incorporated or registered in Canada);
    • an organization looking to be a project aggregator and coordinate collective tree planting action by various participants from across a specific region; and,

    Whereas, applicants for all tree planting funding streams should demonstrate proven capacity to:

    • manage tree planting projects successfully;
    • plant the right tree in the right place;
    • support the 2BT program’s goal of planting diverse tree species;
    • monitor tree survival and report on project outcomes;
    • demonstrate compliance with applicable health and safety protocols; and,

    Whereas, NRCan has identified an Urban/Suburban Stream within the 2BT program that supports projects in and around population centres including urban planting/riparian zone work, planting in parks and conservation areas, and other tree planting projects focused on supporting ecosystem improvements and resident needs; and,

    Whereas, this Stream allows for planting to occur, as long as the average number of trees planted per calendar year is equal to or greater than 10,000 (January to December) across multiple sites in and around urban areas, population centres or communities, with NRCan encouraging collaborative project proposals in order to meet the criteria of the funding; and,

    Whereas, the 2BT program is a merit-based competitive process that first assesses whether projects meet the mandatory eligibility criteria, and then will undergo a robust evaluation process to determine if the project meets the goals and adheres to the principles, including the requirement for project completion by March 31, 2031; and,

    Whereas, the Region of Durham, other area municipalities, colleges and universities, and other agencies such as local conservation authorities, LEAF and Trees for Life have approached the City to participate in a partnership application in order to meet the planting criteria under the Urban/Suburban Stream; and,

    Whereas, City staff attended a launch meeting where Trees for Life proposed to coordinate application for a multi-year project (2024 to 2028) on behalf of the Durham Region partners; and,

    Whereas, for the purposes of this grant, Trees for Life would assume the role of aggregator which includes administration, distribution of funds and signing of funding agreements for projects and activities that align with the program; and,

    Whereas, Trees for Life is a charitable organization that works with community partners across Canada to plant trees in communities and were involved in the Highway of Heroes Tree Campaign as well as being successful to funding through the 2BT program in 2021; and,

    Whereas, this partnership would allow the City to leverage the skills and resources in the completion of the application while also collaborating with other agencies and municipalities across Durham Region to complete the planting projects; and,

    Whereas, Trees for Life will compile details from each partner agency (listed above) related to their specific planting projects and cost sharing ability in order to determine if the collaboration would be viable prior to submitting an application by April 13, 2023; and,

    Whereas, it is expected that notification of the funding would be received in October 2023 allowing the multi-year planting project to begin in 2024; and,

    Whereas, staff propose a reforestation project in which the funding would assist with the planting of 2,500 trees per year over 5 years for a total of 12,500 trees within greenspaces, creek corridors and along rural roads; and,

    Whereas, the funding would allow staff to expand efforts, resources and attention into the City’s valuable natural spaces; and,

    Whereas, the estimated cost of the proposed reforestation planting project is $155,000 per year; and,

    Whereas, the maximum NRCan contribution for eligible projects is 50% of eligible expenditures; and,

    Whereas, should the partnership application proceed and be successful in receiving the funding, the City can fund their 50% share of the project budget through uncommitted funds in the Operations Reserve for a total of $387,500 ($77,500 per year from 2024 to 2028);

    Therefore, be it resolved:

    1. That a budget of $77,500 annually from 2024 to 2028 to be funded from the Operations Reserve for the City’s share of the 2BT program be approved; and,
    2. That the City’s collaboration with Trees For Life for the submission of Oshawa’s tree planting project in the application to the 2 Billion Trees program for a total amount of $387,500 ($77,500 per year from 2024 to 2028) be approved; and,
    3. That a letter of support be provided to Trees For Life to demonstrate the City’s commitment to the project and funding.
  • The vote to adopt the recommendation contained in Item CF-23-17.

    Motion Carried

Consent Motion:

  • Whereas, the Purchasing By-Law 80-2020 requires Council approval to award contracts greater than $2,000,000; and,

    Whereas, Council approved funding for Projects 22-71-0079 and 23-71-0079 in the amounts of $3,053,000 and $1,085,000 respectively, for a total of $4,138,000 including non-rebateable H.S.T. for Hillcroft Street Culvert Replacement; and,

    Whereas, Procurement issued a Request for Tender (R.F.T.) O23-08 for Hillcroft Street and Central Park Boulevard North Culvert Replacement; and,

    Whereas, five (5) bids were received and opened by Procurement on March 1, 2023; and,

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

    Whereas, the bid received from 614128 Ontario Ltd o/a Trisan Construction in the amount of $2,985,858 plus H.S.T. ($3,010,934 including non rebateable H.S.T.) meets the requirements of the tender; and,

    Whereas, it is anticipated the Region of Durham will contribute a minimum of $245,000 including non-rebateable H.S.T. for their portion of the work;

    Therefore, be it resolved that Council authorize the Manager, Procurement and Accounts Payable to award a contract to 614128 Ontario Ltd o/a Trisan Construction in the amount of $2,985,858 plus H.S.T. for O23-08 Hillcroft Street and Central Park Boulevard North Culvert Replacement.

  • The vote to adopt the recommendation contained in Item CF-23-15.

    Motion Carried

Consent Motion:

  • That Item ED-23-41, dated December 28, 2023, concerning the request for a Heritage Conservation District Study in the Maxwell Heights Community be received for information. 

  • The vote to adopt the recommendation contained in Item ED-23-41.

    Motion Carried

Consent Motion:

  • Whereas, on November 20, 2022, the Economic and Development Services Committee considered Correspondence ED-22-215, being a request from Enbridge Gas for the renewal of a franchise agreement; and,

    Whereas, on November 24, 2022, the Economic and Development Services Committee referred ED-22-215 to staff for a report; and,

    Whereas, the City of Oshawa and Enbridge Gas entered into an agreement in 2003 to authorize the gas company to enter on City road allowances to install and maintain their distribution systems and establish conditions of occupancy, and;

    Whereas, the current agreement was approved by Council and executed on July 21, 2003 (see Attachment 1), and;

    Whereas, the original term of the agreement was for 20 years with the provisions for renewal at the City’s discretion for further periods not exceeding 20 years, and;

    Whereas, the terms and conditions of the current agreement have been reviewed and remain valid; and,

    Whereas, Enbridge Gas is a valued and respected industry partner who has recently collaborated with City staff to provide gas services to employment areas of the City and enable job creation;

    Therefore be it resolved that staff be authorized to update the current agreement, to the satisfaction of the Commissioner, Economic and Development Services Department and the City Solicitor, for a term of no greater than 20 years, and that the updated agreement be executed in accordance with the City’s delegation by-law.   

  • Moved byCouncillor Marks
    Seconded byCouncillor Neal

    That Item ED-23-38 concerning the request for a Franchise Renewal between Enbridge Gas and the City of Oshawa referred to staff for inclusion in the upcoming report on municipal consent.

    Motion Carried

Consent Motion:

  • That, pursuant to Report ED-23-39 dated March 1, 2023, staff be authorized to include the list of currently proposed candidate roads that are considered as part of the road rationalization project in the City’s Update to the Integrated Transportation Master Plan for further evaluation.

  • The vote to adopt the recommendation contained in Item ED-23-39.

    Motion Carried

Consent Motion:

  • That, pursuant to Report ED-23-43 dated March 1, 2023, the Economic and Development Services Department be authorized to initiate the statutory public process under the Planning Act for Council to consider proposed City-initiated amendments to the Oshawa Official Plan, Windfields Part II Plan, Zoning By-law 60-94, Brownfields Renaissance Community Improvement Plan, Simcoe Street South Renaissance Community Improvement Plan and Wentworth Street West Community Improvement Plan, generally in accordance with Attachments 1 and 2 to said Report.

  • The vote to adopt the recommendation contained in Item ED-23-43.

    Motion Carried

Consent Motion:

  • That staff be directed to proceed with a public and industry consultation as detailed in Section 5.4.4 of Report SF-23-13 “Options to Amend Fireworks By-law 59-2014”, dated March 15, 2023, on the proposed policy options related to the issue of fireworks and Fireworks By-law 59-2014.

  • The vote to adopt the recommendation contained in Item SF-23-13.

    Motion Carried

Consent Motion:

    1. Whereas it is the City’s practice to continuously seek funding from grants or sponsorships; and,
      Whereas Coldstream Park is an established City park and therefore not under the purview of Facilities Management Services; and,
      Whereas Corporate Sponsorships or Partnerships are under the purview of Recreation Services in the Community and Operations Services Department;
      Therefore, that Item 1 concerning a Basketball Court at Coldstream Park be removed from the Safety and Facilities Services Outstanding Items List and placed on the Community and Operations Services Outstanding Items List; and,
    2. Whereas City Council approved capital improvements to Baker Park as part of the 2023 Capital Budget; and,
      Whereas a potential pathway behind Eastdale Public School will be considered as part of the due diligence work for these improvements;
      Therefore, that Item 11 concerning a potential pathway behind Eastdale Public School be removed from the Safety and Facilities Services Outstanding Items List; and,
    3. Whereas the timing of other construction work being completed on the Michael Starr Trail by the Region of Durham conflicted with timelines required to apply for the Parks and Recreation Ontario Fund; and,
      Whereas despite the inability to apply for said funding, staff investigated the feasibility of the installation of lighting for the Michael Starr Trail; and,
      Whereas the width of the trail is not sufficient to permit adequate lighting on this section of the trail;
      Therefore, that Item 12 concerning lighting for the Michael Starr Trail be removed from the Safety and Facilities Outstanding Items List; and,
    4. That the remainder of the Safety and Facilities Outstanding Items List be received for information.

    A request was made to divide the recommendation to vote on each part separately. 


  • The vote on Parts 1 and 2 contained in Item SF-23-12.

    Motion Carried
  • The vote on Part 3 contained in Item SF-23-12.

    Motion Lost
  • The vote on Part 4 contained in Item SF-23-12.

    Motion Carried
  • Moved byCouncillor Marks
    Seconded byCouncillor Kerr

    That all items listed under the heading of Closed Consent Agenda for the April 3, 2023 Council meeting be adopted as recommended except Item ED-23-48 from the Eighth Report of the Economic and Development Services Committee.

    Motion Carried
    1. That City staff be directed to issue an open Request for Proposal generally consistent with Section 3.2 of Attachment 1 to this Report; and,
    2. That City staff be directed to structure the Request For Proposal in order to maximize the value to the City, and encourage respondents to explore potential feasibility of interim uses and the construction of mid-rise mixed-use building(s), of which proportion will be affordable housing, with a definition of affordable housing in the context of this project to be negotiated as part of the RFP process; and,
    3. That City staff be directed to retain the appropriate real estate and/or redevelopment advisory resources, as appropriate and at levels of experience and expertise commensurate with the level of complexity of the project, acting on behalf of the City of Oshawa's interests.
  • Councillor Marimpietri declared a conflict on this item. (He has family members whom own property and operate a business within the area and did not take part in discussion or voting on the matter.)

Consent Motion:

  • Therefore, be it resolved that pursuant to Closed Item ED-23-48 concerning Lot 16, Economic and Development Services staff be authorized to proceed as set out in said Closed Item.

    Motion (9 to 0)
  • The vote to adopt the recommendation contained in Item ED-23-48.

    Affirmative (9)Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Kerr, Councillor Marks, Councillor McConkey, Councillor Neal, Councillor Nicholson, and Councillor Lee
    Conflict (1)Councillor Marimpietri
    Absent (1)Mayor Carter
    Motion Carried (9 to 0)
  • Moved byCouncillor McConkey
    Seconded byCouncillor Neal

    Whereas the City is committed to providing snow clearing services that make the City safe; and,

    Whereas this important municipal service is to be delivered in an effective and efficient manner with service standards appropriately set, monitored and delivered upon; and,

    Whereas the City has operational service staff who are dedicated to continuing to find ways for improvement;

    Now therefore in preparation for the 2023-2024 winter season Council directs staff to:

    1. formulate a plan to initiate regular resident feedback surveys that will gather customer feedback and satisfaction data over the period of winter maintenance operations; and,
    2. review what adjustments to the City’s snow clearing response plans can be made during heavy snow events when the expected snowfall exceeds 6 inches (15 cm) or more in 12 hours or 8 inches (20 cm) or more in 24 hours; and,
    3. investigate the City of Oshawa buying or renting for the 2023-2024 winter season;
    1. a snow plow with articulating blade to help with windrow clearing;
    2. a snow melter to assist with major accumulation of snowbanks;  

    and report back to Committee on their findings before the 2024 budget deliberations.

    A request was made to divide the motion to vote on each part separately. 


  • The vote on Part 1 of Notice of Motion CNCL-23-38.

    Affirmative (9)Councillor Chapman, Councillor Gray, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor McConkey, Councillor Neal, Councillor Nicholson, and Councillor Lee
    Negative (1)Councillor Giberson
    Absent (1)Mayor Carter
    Motion Carried (9 to 1)
  • The vote on Part 2 of Notice of Motion CNCL-23-38.

    Affirmative (7)Councillor Gray, Councillor Kerr, Councillor Marimpietri, Councillor McConkey, Councillor Neal, Councillor Nicholson, and Councillor Lee
    Negative (3)Councillor Chapman, Councillor Giberson, and Councillor Marks
    Absent (1)Mayor Carter
    Motion Carried (7 to 3)
  • The vote on Part 3 of Notice of Motion CNCL-23-38.

    Affirmative (4)Councillor Kerr, Councillor McConkey, Councillor Neal, and Councillor Lee
    Negative (6)Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Marimpietri, Councillor Marks, and Councillor Nicholson
    Absent (1)Mayor Carter
    Motion Lost (4 to 6)
  • Whereas correspondence from the Ontario Land Tribunal (OLT) concerning recent planning decisions pertaining to properties located in the City, are not posted on the City’s webpage, but are only emailed to members of Council and staff; and,

    Whereas they are matters that have been initially discussed at Committee of Adjustment and Council, with OLT follow-up only going to members of Council and staff the public is not informed of the outcome of the appeals; and,

    Whereas by having access to the OLT correspondence members of the public can keep informed;

    Now therefore the City of Oshawa adopt a policy for the disclosure of OLT correspondence of emails/letters the City receives from the OLT about appeals in matters that have been before the City of Oshawa Committee of Adjustment and Oshawa Council be forwarded to Council members and staff and be included in an Information Package on the City’s website.

    City Council did not consider CNCL-23-39 being a Notice of Motion concerning a policy for the disclosure of Ontario Land Tribunal correspondence.


  • Moved byCouncillor Marimpietri
    Seconded byCouncillor Marks

    That the confirming by-law be passed.

    Motion Carried
  • Moved byCouncillor Nicholson
    Seconded byCouncillor Neal

    That the meeting adjourn at 12:52 p.m. 

    Motion Carried