City Council Meeting
AGENDA

Monday, April 25, 2022 at 9:30 A.m. - 10:30 A.m.

Council Chamber

The personal information contained in your correspondence to Oshawa City Council or its committees is collected under the Municipal Act, 2001.  Any personal information you choose to disclose in your correspondence will be used to receive your views on the relevant issue(s) to enable the City to make its decision on the matter.  This information will become part of the public record.

If you have accessibility needs and require alternate formats or other accommodations please contact City Clerk Services by telephone [phone] or by e-mail at [e-mail] or in person.

 

For inquiries about this agenda please contact City Clerk Services at 905-436-3311 or by email at [e-mail].

---

Public Meeting

Recognition of Indigenous Lands

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.

Council Member Announcements

Additional Agenda Items

• Recommendation

  That the delegations of Raymond Bond, Cheryl Penner, Doug Allman, Rose Mary Buote, Jodi Doucet, Vincent Neal, Wendy Neal, Judy Jaeger, Angela Shaban and Caren Walsh be added to the agenda, and Correspondence CNCL-22-34 from various residents submitting comments concerning Item CS-22-39 and Correspondence CNCL-22-35 from Mattieu Lafrance submitting comments concerning the Notice of Motion regarding fencing on Charter Crescent be added to the agenda for the meeting of April 25, 2022 and be referred to the respective items.

   

Declarations of Pecuniary Interest

(As may be presented by Council Members)

• Recommendation

  That the Rules of Procedure be waived to introduce a time sensitive motion regarding heavy truck traffic and weight restrictions for 2022. (Requires 2/3 vote of members present)

Presentations

Mayor Carter to recognize the following 2022 Community Organization Volunteer Award recipients: 

• Sam Marmara, Simcoe Hall Settlement House
• Corrine Marmara, Simcoe Hall Settlement House
• Christopher J. Foster, ODAWG Harmony Dog Park
• Rob Foster, ODAWG Harmony Dog Park
• Robert Amos, Oshawa-Durham AM Kiwanis Club
• Doris Avery, Oshawa Senior Community Centres 55+
• Cathy McFarland, Oshawa Senior Community Centres 55+
• Sheri Pereira, Durham Shoestring Performers
• Andra Kelly, Durham Shoestring Performers
• William Cromwell, Salvation Army Food Bank
• Judith Gray, Salvation Army Food Bank

Delegations

None

• Recommendation

  That the delegations of Raymond Bond, Cheryl Penner and Doug Allman be heard.

• Recommendation

  That the delegations of Rose Mary Buote, Jodi Doucet, Vincent Neal, Wendy Neal, Judy Jaeger,  Angela Shaban and Caren Walsh be heard. (Requires 2/3 vote of members present)

Vincent Neal - CS-22-39 - Raymond Bond requesting a Road Occupancy Permit for the Community Assisted Meal Program (C.A.M.P.) (All Wards)

Wendy Neal - CS-22-39 - Raymond Bond requesting a Road Occupancy Permit for the Community Assisted Meal Program (C.A.M.P.) (All Wards)

Raymond Bond - CS-22-39 - Raymond Bond requesting a Road Occupancy Permit for the Community Assisted Meal Program (C.A.M.P.) (All Wards)

Doug Allman - CS-22-39 - Raymond Bond requesting a Road Occupancy Permit for the Community Assisted Meal Program (C.A.M.P.) (All Wards)

Judy Jaeger - CS-22-39 - Raymond Bond requesting a Road Occupancy Permit for the Community Assisted Meal Program (C.A.M.P.) (All Wards)

Cheryl Penner - CS-22-39 - Raymond Bond requesting a Road Occupancy Permit for the Community Assisted Meal Program (C.A.M.P.) (All Wards)

• Recommendation

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

• Recommendation

  Cheryl Penner continued to address Council regarding Item CS-22-39.

Rose Mary Buote - CS-22-39 - Raymond Bond requesting a Road Occupancy Permit for the Community Assisted Meal Program (C.A.M.P.) (All Wards)

• Recommendation

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

• Recommendation

  Rose Mary Buote continued to address Council regarding CS-22-39.

Jodi Doucet - CS-22-39 - Raymond Bond requesting a Road Occupancy Permit for the Community Assisted Meal Program (C.A.M.P.) (All Wards)

Angela Shaban - CS-22-39 - Raymond Bond requesting a Road Occupancy Permit for the Community Assisted Meal Program (C.A.M.P.) (All Wards)

Caren Walsh - CS-22-39 - Raymond Bond requesting a Road Occupancy Permit for the Community Assisted Meal Program (C.A.M.P.) (All Wards)

Matters Requiring Direction

None

Items Pulled from Information Package

None

Public Consent Agenda

• Recommendation

  That all items listed under the heading of Public Consent Agenda for the City Council Meeting dated April 25, 2022 be adopted as recommended except the following:

  Minutes of Council - March 28, 2022; and,

  Items CS-22-36, CS-22-39 and CS-22-41 of the Thirty-Ninth Report of the Community Services Committee; and,

  Item CORP-22-23 of the Thirty-Eighth Report of the Corporate Services Committee.

  Item DS-22-76 of the Seventy-Seventh Report of the Development Services Committee; and,

  Items FIN-22-36, FIN-22-37 and related By-law 45-2022, FIN-22-40 and related By-law 46-2022, FIN-22-42 and FIN-22-43 of the Fifty-Third Report of the Finance Committee.

Correspondence

CNCL-22-33 - Oshawa Public Libraries forwarding Correspondence from Heather Young concerning a request to rename the Delpark Homes Centre Branch, or a future Library Branch in honour of Ruth Brooking, Oshawa's first Librarian (All Wards)

That Correspondence CNCL-22-33 from Oshawa Public Libraries forwarding correspondence from Heather Young concerning a request to rename Delpark Homes Centre Branch, or a future Library Branch in honour of Ruth Brooking, Oshawa's first Librarian be referred to staff for a report.

• Recommendation

  That Correspondence CNCL-22-33 from Oshawa Public Libraries forwarding correspondence from Heather Young concerning a request to rename Delpark Homes Centre Branch, or a future Library Branch in honour of Ruth Brooking, Oshawa's first Librarian be referred to staff for a report.

Standing Committee Reports

Report of the Community Services Committee

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

CS-22-34 - Request for Challenge League Sports Alternative Equipment Storage Facility (Ward 5)

• Recommendation

  Whereas on December 13, 2021 correspondence CS-22-134 dated November 30, 2021 concerning the request for Challenge League Sports alternative equipment storage facility was referred to staff to investigate options and report back; and,

  Whereas Challenge League Sports currently rents a storage locker out of Delpark Homes Centre for items and equipment related to their softball and basketball programs; and,

  Whereas Challenge League Sports is seeking alternative storage options provided by the City for these items and equipment due to accessibility concerns expressed by the League; and,

  Whereas Challenge League Sports softball program is held at Lakeview Park ball diamonds; and,

  Whereas staff met with Challenge League Sports at Lakeview Park and discussed storage options within current existing storage facilities at this location; and,

  Whereas staff agreed that softball equipment such as bases and pitching machines can be stored within these existing storage facilities; and,

  Whereas staff indicated there is no additional storage options for items not related to the playing of the softball program such as trophies, uniforms and administration files;

  Therefore be it resolved that pursuant to CS-22-34 staff proceed with storage of the softball items such as bases and pitching machines at existing Lakeview Park storage facilities.

CS-22-35 - Oshawa Declares 2022 as the Year of the Garden and Commits to be a Garden Friendly City (All Wards)

• Recommendation

  Whereas correspondence CS-21-128 from the Oshawa Garden Club was considered at the Community Services Committee meeting on December 6, 2021; and,

  Whereas on December 13, 2021 Oshawa City Council passed a motion:

  "That the following be referred to staff for further investigation:

  Whereas the City of Oshawa annually provides our citizens and visitors with prize-winning public gardens including winning several National Communities In Bloom awards; and,

  Whereas, due to the pandemic, citizens of Oshawa are spending more personal time at home as opposed to traveling, and

  Whereas spending active personal time outdoors is deemed to be beneficial to personal health; and,

  Whereas many citizens take great pride in their personal residential gardens,

  Therefore, be it resolved that based on Correspondence CS-21-128 from the Oshawa Garden Club:

  1. The City of Oshawa seek status of a 'Garden Friendly City' to encourage even more residents to add to the beautification of our City; and,
  2. That the City flower be changed from the Rose to the Peony; and
  3. That notwithstanding the current proclamation policy, that the City of Oshawa declare 2022 as the Year of the Garden." 

  Whereas public consultation on part 2, the changing of the City flower from the Rose to the Peony is underway and staff will report back in May 2022; and,

  Whereas Communities in Bloom and “Fleurons du Québec” in collaboration with the Canadian Garden Council, invite all municipalities to celebrate the Year of the Garden 2022; and,

  Whereas the Year of the Garden 2022 celebrates the Centennial of Canada’s horticulture sector; and,

  Whereas the Year of the Garden 2022 will highlight and celebrate the important contribution of gardeners, our local gardening organizations, horticultural professionals and local horticultural businesses which contribute to garden culture; and,

  Whereas gardens and gardening contribute to the quality of life of our municipality, our climate action goals and create safe and healthy places where people can come together in the spirit of inclusivity and reconciliation; and,

  Whereas gardens and gardening have helped the citizens of the City of Oshawa face the challenges of the COVID-19 pandemic; and,

  Whereas the City of Oshawa is committed to be a Garden Friendly City supporting the development of its garden culture and is proud to present the award winning 18^th annual Peony Festival; and,

  Therefore be it resolved that notwithstanding the current proclamation policy, City Council declares the City of Oshawa a Garden Friendly City and also declares 2022 as the Year of the Garden in the City of Oshawa, in celebration of the contribution of gardens and gardening to the development of the City of Oshawa and the lives of our citizens.

CS-22-37 - Accessible Public Use of Clubhouse Washrooms in City-owned Parks that are Being Redeveloped (All Wards)

• Recommendation

  Whereas on February 22, 2022, City Council referred CS-22-09 being the Eighth Report of the Oshawa Accessibility Advisory Committee to staff to consult with the Oshawa Central Council of Neighbourhood Associations (O.C.C.N.A.) for accessible public use of clubhouse washrooms in City-owned parks that are being redeveloped; and,

  Whereas the City of Oshawa has a lease with the O.C.C.N.A. that identifies O.C.C.N.A. as the owner of the buildings; and,

  Whereas staff met with the O.C.C.N.A. President to discuss the opportunity; and,

  Whereas the O.C.C.N.A. President brought the item to the O.C.C.N.A. Executive Committee for consideration; and,

  Whereas the O.C.C.N.A. Executive Committee declined the request due to a lack of volunteers to provide access to and to supervise use of the facilities; the liability risk associated with unsupervised use of the facilities; the potential for damage, theft and/or vandalism to the facilities; as well as the additional costs that would be incurred for cleaning and washroom supplies that would not be recovered; and,

  Whereas the clubhouse washrooms are not accessible via an exterior door that separates their use from the remainder of the facility;

  Therefore be it resolved that pursuant to CS-22-37 this consultation with O.C.C.N.A. for accessible public use of clubhouse washrooms in City-owned parks that are being redeveloped be received as information.

CS-22-38 - Petition for a 3-Way Stop Control at the Intersection of Verdun Road and Vimy Avenue (Ward 4)

• Recommendation
  1. That a 40km/h zone be implemented on Verdun Road between Eulalie Avenue and Olive Avenue; and,
  2. That radar message boards be deployed along the same part of Verdun Road shortly after the implementation of 40km/h and vehicle speeds be tracked; and,
  3. That radar message boards be again deployed after 6 months along with vehicle speed tracking; and,
  4. That communication be sent to residents in the same area that thanks them for bringing their neighbourhood safety concerns to the City’s attention, explains the current approach being taken to manage and monitor the concerns and its rationale, and that the process will include a future assessment of the results to determine if it is having the desired impact; and,
  5. That results be reported back to Community Services Committee at a date after the six month check-in that compares the data sets from the initial report and the two periods measured after the implementation of a 40km/h limit, and that the same be communicated to residents at that time.

CS-22-42 - Various Resident's submitting Comments in Support of the Community Assisted Meal Program (C.A.M.P.) (All Wards)

• Recommendation

  That Correspondence CS-22-42 concerning Various Resident's submitting Comments in Support of the Community Assisted Meal Program (C.A.M.P.) be received for information. 

CS-22-47 - Reduction of Speed on Monaghan Avenue and Limerick Street (Ward 4)

• Recommendation

  Whereas residents have expressed concerns about the speed of traffic on Monaghan Avenue and Limerick Street; and,

  Whereas the residents feel that drivers are using Monaghan Avenue and Limerick Street as a by-pass route to avoid delays at the traffic signals located at the intersection of Gibb Street and Thornton Road; and,

  Whereas both Monaghan Avenue and Limerick Street are classified as local residential streets with a speed limit of 50 km/h and a sidewalk on one side of the street;

  Therefore, be it resolved, the speed limit be reduced to 40 km/h on Monaghan Avenue and Limerick Street to address the traffic related concerns expressed by the residents.

CS-22-44 - Third Report of the Oshawa Environmental Advisory Committee (All Wards)

• Recommendation

  That based on Report CS-22-44 being the Third Report of the Oshawa Environmental Advisory Committee concerning the use of Road Salt, the City of Oshawa investigate the recommendations contained in the Report regarding the reduction of the use of road salt in the City and that staff report back on the various recommendations at intervals that allow for various items to be responded to as staff feedback is prepared.

Report of the Corporate Services Committee

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

CORP-22-20 - City-Initiated Technical Amendments to Property Standards By-law 1-2002 (All Wards)

• Recommendation

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

  Whereas staff regularly review by-laws to identify opportunities for enhancements; and,

  Whereas staff have identified a need to enhance wording for the issuance of Administrative Monetary Penalties for non-compliance with standards as established in the Property Standards By-law as well as failing to comply with a Property Standards Order issues pursuant to Section 15.2(2) of Building Code Act, 1992, S.O. 1992, c.23; and,

  Whereas staff have similarly identified a need to address the numbering system of certain sections to align with the numbering system as detailed in Section 1.9.1 of the By-law and remove a reference to “Schedule "D" of General Fees and Charges By-law 13-2003 in Section 1.19.1;

  Therefore be it resolved that Council approve a by-law to amend the Property Standards By-law 1-2002, as amended, to implement technical amendments as outlined in Attachment 1 to CORP-22-20 'City-Initiated Technical Amendments to Property Standards By-law 1-2002', dated April 11, 2022, in a form and content acceptable to the Commissioner, Corporate Services Department and Legal Services.

CORP-22-22 - Vacancy on the Oshawa Public Library Board (All Wards)

• Recommendation

  That in accordance with Report CORP-22-22 dated April 6, 2022 concerning the one vacancy on the Oshawa Public Library Board, the applicant listed in Confidential Attachment 1 be appointed to the respective Board for the term ending November 14, 2022 or until a successor is appointed.

CORP-22-25 - City-Initiated Technical Amendments: Standardizing Methods of Service (All Wards)

• Recommendation

  Whereas City by-laws prescribe methods of service which establish means in which documents (e.g. notices, orders, licence decisions, etc.) may be deemed served to a person; and,

  Whereas documents are generally deemed to have been served by any of the following methods of service: when a copy is delivered to the person to whom the document is addressed, on the third (3rd) day following the date of mailing by regular letter mail or by registered mail, by facsimile transmission, by e-mail transmission, or by posting a copy at or on the person’s property; and,

  Whereas staff regularly review by-laws to ensure that they are effective and efficient; and
  Whereas staff identified a need to establish consistency, increase service options by developing standardized methods of service in various by-laws established pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, as amended including:

  • Boulevard By-law 136-2006
  • Business Licensing By-law 120-2005
  • Dust and Mud Control By-law 64-2020
  • Fence and Sight Triangle By-law 23-2014
  • Fortification By-law 103-2005
  • Fouling of Highways By-law 65-2020
  • Lot Maintenance By-law 127-2007
  • Lottery Licensing By-law 135-2008
  • Nuisance By-law 65-2009
  • Pool Enclosure By-law 79-2006
  • Responsible Pet Owners By-law 14-2010
  • Unauthorized Parking By-law 97-2009
  • Waste By-law 113-2008; and,

  Whereas in addition to standardizing methods of service, posting on vehicles as a method of service should be included in Business Licensing By-law 120-2005, Fouling of Highways By-law 65-2020, Responsible Pet Owners By-law 14-2010, Unauthorized Parking By-law 97-2009 as such by-laws include standards applicable to vehicles;

  Therefore be it resolved that Council approve a by-law in a form and content acceptable to the Commissioner, Corporate Services Department and Legal Services to standardize methods of service as outlined in Attachment 1 to CORP-22-25 'City Initiated Technical Amendments: Standardizing Methods of Service', dated April 11, 2022, to amend the Boulevard By-law 136-2006, Business Licensing By-law 120-2005, Dust and Mud Control By-law 64-2020, Fence and Sight Triangle By-law 23-2014, Fortification By-law 103-2005, Fouling of Highways By-law 65-2020, Lot Maintenance By-law 127-2007, Lottery Licensing By-law 135-2008, Nuisance By-law 65-2009, Pool Enclosure By-law 79-2006, Responsible Pet Owners By-law 14-2010, Unauthorized Parking By-law 97-2009 and Waste By-law 113-2008.

Report of the Development Services Committee

The Development Services Committee respectfully reports and recommends to City Council its Seventy-Seventh Report.

DS-22-78 - COVID-19 Economic Recovery Act, 2020 (Bill 197): Changes to the Planning Act Concerning Alternative Parkland Dedication Rates (All Wards)

• Recommendation

  That, pursuant to Report DS-22-78 dated April 6, 2022, Development Services staff be authorized to advance the Recommended Work Plan as generally described in Section 5.2 of said Report to respond to the legislative requirements of Bill 197 and associated amendments to Section 42 of the Planning Act, R.S.O. 1990, c. P.13, as amended, concerning consultation on alternative parkland dedication rates and the passing of a new parkland dedication by-law containing alternative parkland dedication rates.

DS-22-83 - City Comments on Proposed Amendments to the Planning Act Under Bill 109, the "More Homes For Everyone Act, 2022", and the Province’s proposed Community Infrastructure and Housing Accelerator Guideline (All Wards)

• Recommendation
  1. That Report DS-22-83 dated April 6, 2022, including Attachments 4 and 5, be endorsed as the City's comments on the Province's proposed amendments to the Planning Act under Bill 109, "More Homes For Everyone Act, 2022", and the Province's proposed Community Infrastructure and Housing Accelerator Guideline; and,
  2. That staff be authorized to submit the comments contained in Report DS-22-83 dated April 6, 2022 relating to the proposed amendments to the Planning Act under Bill 109 and the proposed Community Infrastructure and Housing Accelerator Guideline in response to the associated proposals posted on the Environmental Registry of Ontario website; and,
  3. That staff be authorized to forward a copy of Report DS-22-83 dated April 6, 2022 and the related Council resolution to the Association of Municipalities of Ontario, Ontario's Big City Mayors, the Region of Durham, Durham area municipalities, Durham area M.P.P.s and the City's Building Industry Liaison Team, which includes the Durham Chapter of the Building Industry and Land Development Association and the Durham Region Home Builders' Association.

DS-22-77 - Midtown Mall Pedestrian Bridge over Oshawa Creek (Ward 4)

• Recommendation

  That the Midtown Mall Pedestrian bridge over Oshawa Creek be added to a list of projects that could be candidates for improved accessibility and active transportation grant projects.

Report of the Finance Committee

The Finance Committee respectfully reports and recommends to City Council its Fifty-Third Report.

FIN-22-38 - Corporate Payments for the Month of March 2022  (All Wards)

• Recommendation

  That Report FIN-22-38 dated April 13, 2022 concerning the corporate payments for the month of March 2022 be received for information.

FIN-22-39 - Community Benefit Charge Feasibility Assessment (All Wards)

• Recommendation

  That pursuant to FIN-22-39, dated April 13, 2022 Community Benefit Charge Feasibility Assessment, staff engage Watson & Associates Economists Ltd. to prepare the Community Benefit Charge Strategy and report back to the Finance Committee.

FIN-22-45- Durham Deaf Services - One-time Grant Request (All Wards)

• Recommendation

  Whereas Durham Deaf Services as a non-profit organization has provided services and educational programs to promote self-reliance within the deaf community of Oshawa and the rest of Durham; and,

  Whereas the Finance Committee at its meeting held on February 14, 2022 received correspondence from Durham Deaf Services, dated February 6, 2022, which was referred to staff; and,

  Whereas Durham Deaf Services has expressed significant concerns related to their finances and the future viability of operating the services offered to the community; and

  Whereas a one-time grant in the amount of $25,000 would allow Durham Deaf Services to fund programs and embark on an aggressive fundraising campaign for 2022; and,

  Whereas City Council approved the 2022 operating and capital budgets on December 3, 2021 which included a number of grants to community groups; and,

  Whereas an application for funding in the 2022 budget was not received prior to approval of the 2022 operating budget and Durham Deaf Services was not awarded funding from the City for 2022; and,

  Whereas in October 2021 City Council approved an updated grant program through FIN-21-102 which includes a number of categories to support various community organizations who meet the eligibility criteria through the application process,

  Therefore be it resolved that Durham Deaf Services be advised to submit an application to the City’s grant process for the 2023 budget cycle.

FIN-22-46 - Supply and Delivery of Pumper Truck (All Wards)

• Recommendation

  Whereas, the Purchasing By-Law 80-2020 requires Council approval to award single source contracts greater than $100,000; and,

  Whereas, Council approved the award of one pumper truck through Report FIN-20-44 on September 28, 2020 to Darch Fire Inc.; and,

  Whereas, Council approved the single source of the 2021 pumper truck through Report FIN-21-03 on January 25, 2021 to Darch Fire Inc.; and,

  Whereas, Council approved funding for the procurement of a pumper truck in the 2022 Capital Budget, project 22-13-0056 Corporate Fleet Acquisition in the amount of $930,000 including non-rebateable H.S.T.; and,

  Whereas, it is administratively practical, creates standardization, and is cost effective to single source the 2022 pumper truck to Darch Fire Inc.; and,

  Whereas, the quote received from Darch Fire Inc. in the amount of $925,064 plus H.S.T. ($941,345 including the non-rebateable H.S.T.); and,

  Whereas, there is a funding shortfall of $11,345 including non-rebateable H.S.T.; and,

  Whereas Finance Services has confirmed that the additional cost of $11,345, including non-rebateable H.S.T. can be funded from the City Equipment Reserve;

  Therefore, be it resolved that Council:

  1. Approve the additional funding of $11,345 including non-rebateable H.S.T. to be funded from the City Equipment Reserve and authorize the Manager, Procurement and Accounts Payable to award a single source contract to Darch Fire Inc. not to exceed $941,345 including non rebateable H.S.T. for one pumper truck; and further,
  2. That in order to accommodate the current 24 month lead time for pumper trucks, the Manager, Procurement and Accounts Payable be authorized to single source to Darch Fire Inc. for any additional pumper trucks approved by Council in the 2023 or 2024 capital budget. 

FIN-22-47 - Contract Award - O22-06 Darcy Street Culvert Replacement (Ward 2)

• Recommendation

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

  Whereas, Council has approved funding for Project 71-0044 Darcy Street Culvert Replacement in the amount of $2,954,117 including non-rebateable H.S.T.; and,

  Whereas, $172,200 has already been committed to the project for Consulting Services; and,

  Whereas, Procurement issued a Request for Tender (R.F.T.) O22-06 for Darcy Street Culvert Replacement; and,

  Whereas, five (5) bids were received and opened by Procurement on March 28, 2022; and,

  Whereas, bid prices have increased due to current market trends, shortages, utility costs, and O. Reg. 406/19 regarding on-site and excess soil management; 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 $3,036,619 plus H.S.T. ($3,090,064 including non rebateable H.S.T.) meets the requirements of the tender; and,

  Whereas, a 10% contingency is required in the amount of $309,000 including non-rebateable H.S.T.; and,

  Whereas, it is anticipated the Region of Durham will contribute $146,530 including non-rebateable H.S.T. for their portion of the work; and,

  Whereas, there is a funding shortfall of $470,700 including non-rebateable H.S.T.; and,

  Whereas, the additional cost of $470,700 can be funded from the Canada Community Building Fund (previously Federal Gas Tax) from the surplus funds in projects 18-71-0014 Mayfair Avenue Culvert and 19-74-0041 Asphalt Preservation and Rehab; 

  Therefore, be it resolved that Council approve the additional funding of $470,700 to be funded from the Canada Community Building Fund (previously Federal Gas Tax) and authorize the Manager, Procurement and Accounts Payable to award a contract to 614128 Ontario Ltd o/a Trisan Construction in the amount of $3,036,619 plus H.S.T. for O22-06 Darcy Street Culvert Replacement.

FIN-22-48 - Decorative Lighting and Event Permit Fees in Downtown Oshawa (Ward  4)

• Recommendation

  Whereas the City received a letter, dated March 23, 2022 (Attachment 1) from Downtown Oshawa Business Alliance (DOBA) requesting that the City of Oshawa take immediate action to enhance lighting in the downtown core; and,

  Whereas the letter also cites that improved lighting has been shown to reduce criminal activity, as well as create a more inviting environment by adding character and ambiance to main streets; and,

  Whereas in late 2021, City staff applied for Main Street Community Activator Grant for a downtown lighting program but the application was unsuccessful; and,

  Whereas as part of the grant application process an informal quote was received that estimated the total cost of lighting approximately 180 poles to be in the range of $250,000 to $350,000 depending on the type of light selected; and,

  Whereas a seasonal lighting program would also further enhance a welcoming environment for visitors to the downtown core; and,

  Whereas a lighting program for the downtown core would need to be bid through a competitive process in accordance with the Purchasing By-law 80-2020; and,

  Whereas, through FIN-21-98, Council authorized pre-budget approval for project 21-0015 (Downtown Streetscape Redevelopment) in the 2022 capital budget, in the amount of $700,000 and that staff apply to the Canada Community Revitalization Fund for a possible grant up to $525,000; and,

  Whereas on March 31, 2022 the City received a confirmation that the application was successful and would be receiving approved funding of $525,000; and,

  Whereas the funding that had been set aside for project 21-0015 in the Downtown Revitalization Reserve and the Civic Property Development Reserve is no longer committed due to the receipt of the grant funding and could be repurposed to implement a lighting program in the downtown core; and,

  Whereas lighting programs and products have become increasingly sought after as a mode of downtown revitalization; and,

  Whereas the enhanced demand for the product will require early engagement with suppliers to ensure the product can be sourced in a timely fashion to execute the program; and,

  Whereas the letter from DOBA also included a request to waive event permit fees between May 2022 and December 2022 for events that are being planned in the Urban Growth Centre boundaries; and,

  Whereas the City has a formal policy and procedure for requests for Waiving of Fees for registered Oshawa-based not-for-profit community organizations or groups; and,
  Whereas the City’s Waiving of Fees procedure is currently receiving applications for Intake 2 with a Deadline of June 1, 2022;

  Therefore be it resolved:

  1. That City staff be directed to implement a lighting program for the downtown core with an upset spending limit of $525,000 (including non-rebateable H.S.T.) from the Civic Property Development Reserve that includes:
     1. A decorative lighting program that offers an all-year round illumination on approximately 180 street light poles; and,
     2. A holiday decorative lighting program that would introduce new holiday features to City Hall and Memorial Park; and,
  2. That City staff advise DOBA regarding the formal process and council-approved criteria for the application to waive fees. 

Staff Reports/Motions

None

Public Discussion Agenda

Matters Excluded from Consent Agenda

Adoption of Council Minutes

• Recommendation

  Consent Motion:

  That the minutes of the City Council meeting held on March 28, 2022 be adopted.

CS-22-36 - Selection of the Community Legend Award Recipient (All Wards)

• Recommendation

  Whereas every year nominations are accepted for the Community Legends Award to annually celebrate the accomplishments of an “Oshawa Community Legend”; and,

  Whereas a Community Legend is a person and or an organization/group who contributes to improving the quality of life or has made a significant impact on the Oshawa Community through Arts and Culture, Sport, or community initiative; and,

  Whereas nominations are reviewed once per year by a selection Committee comprising of the Commissioner of Community Services and the Community Services Committee as per the June 10, 2008 Council directive; and,

  Whereas the City of Oshawa like all communities has since March 2020 experienced the challenges and sacrifices associated with the world wide Coronavirus (COVID-19) pandemic and will continue to experience challenges and sacrifices; and,

  Whereas community members have experienced physical, mental, social and financial impacts during these unprecedented times; and,

  Whereas  the City of Oshawa’s residents, workers, volunteers, community groups, businesses, and institutions in the private and public sectors have risen to the challenges of the world wide pandemic and have contributed in many ways both as individuals and organizations to support  the health, safety and well-being of the community and we thank them for their efforts; and,

  Whereas it is important that we find ways to ensure that future generations are made aware of this historic period of our lives;

  Therefore it be resolved that our entire community of residents, workers, volunteers, community groups, businesses, and institutions in both the public and private sectors of the great City of Oshawa be recognized as Community Legends:

  1. For their resiliency, support, compassion, kindness, dedication and sacrifices during these unprecedented times related to the pandemic; and,
  2. For their efforts and contributions to control, contain and manage the Coronavirus (COVID-19);
  3. For all their contributions made to support the health, safety and well-being of our community during the pandemic.

  The vote to adopt the recommendation contained in Item CS-22-36.

CS-22-39 - Raymond Bond requesting a Road Occupancy Permit for the Community Assisted Meal Program (C.A.M.P.) (All Wards)

• Recommendation

  That based on Correspondence CS-22-39 from Raymond Bond, the request for a new Road Occupancy Permit for the Community Assisted Meal Program/Durham Dignity for the Homeless be denied.

  The vote to adopt the recommendation contained in Item CS-22-39.

• Recommendation

  That the meeting recess for five minutes.

  The meeting recessed at 11:20 a.m. and reconvened at 11:30 a.m. with all members of Council present.

CS-22-41 - Oshawa Power and Utilities Corporation requesting an updated collaboration request to facilitate Transportation Innovation Opportunities (All Wards)

• Recommendation

  Whereas on September 28, 2020 City Council approved a request from Oshawa Power and Utilities Corporation (O.P.U.C.) to install electric vehicle (ev) charging equipment adjacent to three on-street parking spaces in the downtown and in four  City-owned parking lots; and,

  Whereas the OPUC is not advancing, at this time,  the installation of the ev charging equipment in the parking lots but would like to provide ev charging equipment adjacent to  additional on-street parking spaces in the downtown; and,

  Whereas by letter dated April 6, 2022 the OPUC has requested approval to install additional ev charging equipment adjacent to on-street parking spaces in the following locations:

  1. One additional space at 100 Simcoe Street South for a total of two spaces near the OPUC office. Council already approved one space in 2020.
  2. Two parking spaces at 40 King Street West along the north side of King Street West just west of Prince Street.
  3. Two parking spaces at 2 Simcoe Street South along the south side of King Street West just west of Simcoe Street South.
  4. Two parking spaces at 45 King Street East near the Biltmore and Salvation Army Store; and,

  Whereas the request for ev charging spaces along King Street is not supported given future conflicts with various initiatives such as the extension of bus rapid transit (BRT) service to the downtown or the widening of the sidewalk along the north side of King Street West related to downtown streetscape improvements and given the desire to disperse the ev charging spaces throughout the downtown; and, 

  Whereas it is important to support ev charging equipment given the existing and anticipated increased demand for such a service; and,

  Therefore be it resolved:

  1. That pursuant to Correspondence CS-22-41 dated April 6, 2022, Council approves the request from the OPUC 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,
  2. That Council denies the request from the OPUC to provide six electric vehicle charging spaces along King Street; and,
  3. That 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  six other electric vehicle charging spaces in the downtown and work with the OPUC and City staff to identify those locations; and,
  4. That Community Services staff provide a report to the Community Services Committee in the 4th Quarter 2023 on the results of this initiative  addressing such matters as the amount of use of the electric vehicle charging spaces, a cost/benefit analysis and  any enforcement concerns/complaints and that the report include input from the OPUC and affected downtown property owners, residents and businesses near the spaces.
• Recommendation
  Amendment:

  That Part 1 of the motion be amended to add the following at the end, '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'.

• Recommendation

  That Part 2 of the motion be amended to replace the word 'six' with the word 'two' and add the following at the end, 'West at the corner of Simcoe Street'.

• Recommendation

  That Part 3 of the motion be amended to change the word 'six' to the word 'two' and to add the following at the end, 'in the vicinity of the intersection of Bond Street and Simcoe Street'.

• Recommendation

  That the following be added as a new Part 4 and the remaining part renumbered:
  “4.    That City staff work with the OPUC and City staff to identify those locations, and that additional costs due to infrastructure upgrade requirements be approved up to $25,000 and that the amount be funded from the Downtown Revitalization Reserve Account;,”

• Recommendation

  The vote to adopt the recommendation contained in Item CS-22-41, as amended.

CORP-22-23 - Notice of Motion - Investigate process to initiate a new City Slogan (All Wards)

• Recommendation

  That CORP-22-23 being a Notice of Motion concerning an investigation process to initiate a new City Slogan be received for information.

• Recommendation

  That the item be referred to staff to report back at the beginning of the next term of Council in time for the 2023 budget on a process to retire the slogan, 'Prepare to be Amazed' for Council's consideration.

• Recommendation
  Amendment:

  That the amendment be amended to replace the words 'staff to report back at the beginning of the next term of Council' with the words, 'the first regular Council meeting of the next term of Council'. 

• Recommendation

  The vote to refer the item, as amended.

DS-22-76 - Durham Region's Municipal Comprehensive Review: City Comments on the Region of Durham's Growth Management Study - Alternative Land Need Scenarios (All Wards)

• Recommendation

  Consent Motion:

  That pursuant to Report DS-22-76, dated April 6, 2022, City Council endorse Scenario 2A as submitted by the Columbus Developers Group as Item DS-22-90 as the City's recommended scenario on the Alternative Land Need Scenarios Report prepared by the Region of Durham as part of the Envision Durham the Municipal Comprehensive Review of the Durham Region Official Plan.

  The vote to adopt the recommendation contained in Item DS-22-76.

• Recommendation

  That the meeting recess for one hour.

• Recommendation

  The meeting recessed at 12:25 p.m. and reconvened at 1:25 p.m. with all members of Council present with the exception of Councillor Marimpietri.

FIN-22-36 - Contract Award – C2022-014 Harmony Creek Trail Extension Construction (Ward 1)

• Recommendation

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

  Whereas, on December 5, 2016, Council approved $888,280, including non-rebateable H.S.T., for the design and construction of two pedestrian bridge crossings of the Harmony Creek at Coldstream Drive and the Delpark Homes Centre; and $95,900 including non-rebateable H.S.T., to pave the existing granular trail adjacent Irvine Scott Street (DS-16-18); and,

  Whereas, in 2017 Council approved Project 50-0012 in the amount of $525,000, inclusive of H.S.T., for the construction of a new section of the Harmony Creek Trail between Coldstream Drive and the Delpark Homes Centre; and,

  Whereas, $220,253 has already been committed to the project for Consulting Services, permits, and Regional easement; and,

  Whereas, Procurement issued a Request for Tender (R.F.T.) C2022-014 Harmony Creek Trail Extension Construction; and,

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

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

  Whereas, during technical design, due diligence studies identified unforeseen site conditions increasing price and materials pricing has significantly increased due to current market trends, shortages, and increased demand; and,

  Whereas, the bid received from Melfer Construction Inc., in the amount of $1,838,217, excluding H.S.T. ($1,870,570 including non-rebateable H.S.T.), was the lowest compliant bidder and meets the requirements of the tender; and,

  Whereas, the provisional item for dewatering for structure excavation and fish rescue, in the amount of $78,000 plus HST ($79,373 including non-rebateable H.S.T.), is recommended by CIMA+ Canada, who is currently under contract with the City to provide consulting services for this project; and,

  Whereas, CIMA+ Canada recommends carrying a 10% contingency in the amount of $200,000, including non-rebateable H.S.T.; and,

  Whereas, CIMA+ Canada has provided a quote of $182,267 including non-rebateable H.S.T. to provide full time on-site construction inspection and construction contract administration; and,

  Whereas, staff have advised that approximately $40,704, including non-rebateable H.S.T., will be required for costs related to the trail easement acquisition, R-Plan registration and as built survey; and,

  Whereas, there is a funding shortfall of $1,083,987, including non-rebateable H.S.T.; and,

  Whereas, the additional cost of $1,084,000 can be funded from a combination of the Parks, Recreation and Trails Development Charges Reserve Fund and the Growth Related Non DC Reserve Fund;

  Therefore, be it resolved that Council:

  1. Authorize the Manager, Procurement and Accounts Payable to award a contract to Melfer Construction Inc. in the amount of $1,838,217, excluding H.S.T. and provisional items in the amount of $78,000 excluding H.S.T. for a total of $1,916,217, excluding H.S.T. for Harmony Creek Trail Extension Construction; and,
  2. Approve increasing CIMA+ Canada’s contract amount by $179,114 excluding H.S.T., to provide full-time construction inspection and contract administration for the Harmony Creek Trail Extension; and;
  3. Approve the additional funding of $1,084,000, inclusive of non-rebateable H.S.T., to be funded from a combination of the Parks, Recreation and Trails Development Charges Reserve Fund and the Growth Related Non DC Reserve Fund.

  Councillor Marimpietri entered the meeting at 1:31 p.m.

  The vote to adopt the recommendation contained in Item FIN-22-36.

FIN-22-37 - Final Tax Rates By-law (All Wards)

• Recommendation

  That in accordance with Report FIN-22-37 dated April 13, 2022, the 2022 Final Tax Rates By-law providing for the billing and collection of the 2022 final tax levy for all property classes be approved. 

  The vote to adopt the recommendation contained in Item FIN-22-37 and pass related By-law 45-2022.

FIN-22-40 - Development Charges By-law 60-2019 Amendment (All Wards)

• Recommendation

  Whereas, on September 18, 2020, the Province of Ontario proclaimed amendments made to the Development Charges Act in Bill 108, More Homes, More Choices Act, 2019 and Bill 197, COVID-19 Economic Act, which resulted in parking and animal control no longer being eligible services for Development Charges (D.C.’s) under the Development Charges Act (D.C.A.); and,

  Whereas, the changes to the D.C.A. allowed for a two year transition period; and,

  Whereas, the D.C.’s currently being collected for parking and animal control will not be eligible services as of September 18, 2022; and,

  Whereas, staff have worked with Watson and Associates Economists Ltd. to revise the January 1, 2022 DC rates to reflect the removal of parking and animal control; and,

  Whereas, the City Clerk and the City Solicitor have confirmed these are legislated changes so there is no need for a statutory public meeting as normally required under the Development Charges Act;

  Therefore, it be resolved that as outlined in Report FIN-22-40, the City’s D.C. by-law 60-2019 be amended to remove parking and animal control and the rates reflected in the attached schedule come into effect immediately upon Council approving the amending By-Law.

  The vote to adopt the recommendation contained in Item FIN-22-40 and to pass related By-law 47-2022.

FIN-22-42 - Public Engagement Initiatives - 2023 Budget (All Wards)

• Recommendation
  1. That public engagement for the 2023 City Budget, as proposed in Report FIN-22-42 “Public Engagement Initiatives – 2023 Budget”, dated April 13, 2022, be approved in principle; and,
  2. That the matter related to Public Consultation and Survey Process on the Finance Committee Outstanding Items list be considered complete and the item removed. 

  The vote to adopt the recommendation contained in Item FIN-22-42.

FIN-22-43 - 2023 Budget Timetable (All Wards)

• Recommendation

  That Report FIN-22-43, concerning the 2023 Budget Timeline, dated April 13, 2022, be approved.

  The vote to adopt the recommendation contained in Item FIN-22-43.

Closed Consent Agenda

• Recommendation

  That all items listed under the heading of Closed Consent Agenda for the City Council Meeting dated April 25, 2022 be adopted as recommended except Report CNCL-22-32.

Closed Correspondence

None

Closed Standing Committee Reports

Report of the Community Services Committee

None

Report of the Corporate Services Committee

None

Report of the Development Services Committee

The Development Services Committee respectfully reports and recommends to City Council its Seventy-Eighth Report.

DS-22-74 - Proposed Licence Renewal between the City of Oshawa and Her Majesty the Queen in Right of Ontario for Continued Use of a Hydro Corridor abutting Everglades Park for Public Recreational Purposes (Ward 1)

Closed Pursuant to Section 239 (2)(c) of the Municipal Act

• Recommendation

  That pursuant to Closed Item DS-22-74 dated April 11, 2022, staff be authorized to execute a new Licence Renewal Agreement for the continued use of a portion of the Hydro corridor abutting Everglades Park generally consistent with the proposed agreement identified in Attachment 3 of said Resolution. 

Report of the Finance Committee

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

FIN-22-44 - South Oshawa Community Centre Roof Settlement (Ward 5)

Closed Pursuant to Section 239 (2) (e) and (f) of the Municipal Act

• Recommendation

  That Council approve the recommendation as outlined in Section 5.3 of Report FIN-22-44 South Oshawa Community Centre Roof Repair – Potential Settlement Offer dated April 13, 2022.

Closed Staff Reports/Motions

Closed Discussion Agenda

Matters Excluded from Consent Agenda

• Recommendation

  That the meeting be closed to the public pursuant to Section 239(c)(e) and (f) of the Municipal Act in order to consider Report CNCL-22-32 which is concerning litigation or potential litigation subject to solicitor-client privilege.

• Recommendation

  That Council rise from closed session and report.

Closed Report

CNCL-22-32 - Canadian Flight Academy – Status Update (Ward 2)

Closed Pursuant to Section 239 (2) (e) and (f) of the Municipal Act

(See Pages 1C to 10C)

• Recommendation

  Consent Motion:

  That staff be authorized to proceed as directed in the recommendation contained in Section 5.4 of Report CNCL-22-32 dated April 20, 2022.  

• Recommendation

  The vote to adopt the recommendation contained in Item CNCL-22-32 regarding the Canadian Flight Academy - Status Update, as amended in Closed session.

Items Requiring Action

None

By-Laws

39-2022 - A By-law to Amend Zoning By-law 60-94, as amended

(Implements direction of the Commissioner, Development Services Department to lift the Holding "h" provisions on certain lands located at 1693 Thornton Road North to remove the "h-71" holding symbol on the subject lands as the condition has been satisfied to develop an industrial building.)

40-2022 - A By-law to Designate the Property Located at 39 King Street East

(Implements Council direction of January 24, 2022 through Item DS-22-16 of the Seventy-First Report of the Development Services Committee to designate 39 King Street East as a property of cultural heritage value or interest.)

41-2022 - A By-law to Amend Responsible Pet Owners By-law 14-2010, as amended

(Implements Council direction of March 28, 2022 through Item CORP-22-12 of the Thirty-Seventh Report of the Corporate Services Committee to implement changes pertaining to the sale, transfer, or disposition of rabbits, and to add Tiered and Escalating Administrative Monetary Penalties enforcement provisions.)

42-2022 - A By-law to Amend General Fees and Charges By-law 13-2003, as amended, Business Licensing By-law 120-2005, as amended and Vehicle-for-Hire By-law 31-2022, as amended

(Implements Council direction of March 28, 2022 through Item CORP-22-34 of the Twenty-Second Report of the Corporate Services Committee to amend General Fees and Charges By-law to implement new applicable fees, amend Business Licensing By-law to remove a number of provisions that are no longer required, and amend Vehicle-for-Hire By-law to remove the provisions relating to Taxicab colours and allowing all Vehicles-for-Hire drivers to charge a clean-up fee.)

43- 2022 - A By-law to Amend By-laws 136-2006, 120-2005, 64-2020, 23-2014, 103-2005, 65-2020, 127-2007, 135-2008, 65-2009, 79-2006, 14-2010, 97-2009 and 113-2008, as amended

(Implements direction of April 25, 2022 through Item CORP-22-25 of the Thirty-Eighth Report of the Corporate Services Committee to amend Boulevard By-law 136-2006, as amended, Business Licensing By-law 120-2005, as amended, Dust and Mud Control By-law 64-2020, Fence and Sight Triangle By-law 23-2014, as amended, Fortification By-law 103-2005, as amended, Fouling of Highways By-law 65-2020, Lot Maintenance By-law 127-2007, as amended, Lottery Licensing By-law 135-2008, as amended, Nuisance By-law 65-2009, as amended, Pool Enclosure By-law 79-2006, as amended, Responsible Pet Owners By-law 14-2010, as amended, Unauthorized Parking By-law 97-2009, as amended and Waste Collection By-law 113-2008, as amended to implement standardized methods of service established pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, as amended.)

44-2022 - A By-law to Amend Property Standards By-law 1-2002, as amended

(Implements direction of April 25, 2022 through Item CORP-22-20 of the Thirty-Eighth Report of the Corporate Services Committee to implement technical amendments in a form and content acceptable to the Commissioner, Corporate Services Department and Legal Services.)

47-2022 - A By-law to Further Amend Traffic By-law 79-99, as amended

(Implements Council direction of March 28, 2022 through Item CS-22-33 of the Thirty-Eighth Report of the Community Services Committee to add a community safety zone on Woodstream Avenue between Grandview Street North and Esterbrook Drive and to reduce the speed limit on Woodstream Avenue from Grandview Street North to Townline Road to 40 km/h.)

Matters Tabled

None

Notices of Motion Previously Given

The following notice of motion was referred to City Council on March 28, 2022:

"That Council authorize staff to construct a 0.9 metre (3 ft.) high decorative metal fence in front of the eight (8) townhouse units in Building 9 facing Charter Crescent with gates to allow direct pedestrian access between the eight (8) individual units and the Charter Crescent sidewalk; and,

That the fence be constructed and maintained at the City’s cost of approximately $14,750 (inclusive of H.S.T. and a 15% contingency)."

• Recommendation

  That Council authorize staff to construct a 0.9 metre (3 ft.) high decorative metal fence in front of the eight (8) townhouse units in Building 9 facing Charter Crescent with gates to allow direct pedestrian access between the eight (8) individual units and the Charter Crescent sidewalk; and,

  That the fence be constructed and maintained at the City’s cost of approximately $14,750 (inclusive of H.S.T. and a 15% contingency).

Notices of Motion

Confirming By-Law

A by-law to confirm the City Council meeting of April 25, 2022.

• Recommendation

  A by-law to confirm the City Council meeting of April 25, 2022.

Adjournment

• Recommendation

  That the meeting adjourn at 2:31 p.m.