public meeting recognition of indigenous lands council ...app.oshawa.ca › agendas › city_council...

Oshawa City Council Minutes – June 22, 2020 58

Minutes of a meeting of the Council of the City of Oshawa held in the Council Chamber with electronic participation on June 22, 2020 at 9:30 a.m.

Mayor Carter and Councillors Chapman, Giberson, Gray, Hurst, Kerr, Marimpietri, Marks, McConkey, Neal, and Nicholson were present electronically.

Mayor Carter presided. 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 the traditional territories of the Mississaugas of Scugog Island First Nation.

Council Member Announcements

Various announcements were made relating to activities and events.

Additional Agenda Items

Moved by Councillor Chapman, seconded by Councillor Giberson, (206) “That the delegation requests from the Oshawa Kicks Soccer Club and Lady Blue Knights and Correspondence CNCL-20-134, CNCL-20-135 and CNCL-20-136 from Oshawa Kicks Soccer Club, the Lady Blue Knights and Oshawa Baseball in support of the notice of motion previously given related to COVID-19 funding, Correspondence CNCL-20-137 from Gerry Bonchek concerning Item CS-20-32, CNCL-20-138 from John Malish concerning Item DS-20-59 and CNCL-20-139 from Wilson Furniture concerning Report CNCL-20-115 be added to the Council agenda for June 22, 2020.” Carried

Moved by Councillor Chapman, seconded by Councillor Marks, (207) “That Report CNCL-20-133 being a time-sensitive closed report concerning downtown security be added to the closed Council agenda for June 22, 2020.” Carried on a 2/3 vote of members present

Declarations of Pecuniary Interest

Mayor Carter made a declaration of interest concerning Correspondence CNCL-20-106 from the Oshawa Clinic and Correspondence CNCL-20-107 from the Oshawa Central Business District Improvement Area Board of Management concerning the Oshawa Central Business District Improvement Area 2020 Budget and Tax Levy discussed at the June 9, 2020 City Council meeting as he a is a member of and owns property in the Business Improvement Area.

Councillor Marimpietri made a declaration of interest concerning Correspondence DS-20-67 and Report DS-20-66 regarding City’s comments on three Environmental Compliance Approval Amendment applications concerning a proposed Anaerobic

City Council Minutes - 159 - June 22, 2020

Digestion Facility as his family purchased property, owns land and resides in the immediate Northwood area and did not take part in discussion or voting on the matter.

(See Page 183)

Presentations

Mayor Carter recognized the following 2020 Community Organization Volunteer Award recipients:

• John Hobbs, Oshawa Senior Community Centres 55+

• Steven Arvay, Oshawa Senior Community Centres 55+

• Barbara Little, Community Care Durham Oshawa/Whitby

• Patricia Baker, Community Care Durham Oshawa/Whitby

• Nan Thomas, The Auxiliary of Lakeridge Health Oshawa

• Barbara Hullah, The Auxiliary of Lakeridge Health Oshawa

• Bill Craig, The Friends of Second Marsh

• Derek Gillette, Oshawa Public Library – Friends of the Library

Delegations

Moved by Councillor Chapman, seconded by Councillor Giberson, (208) “That the delegations of Iain Donnell, the Oshawa Kicks and the Lady Blue Knights be heard.” Carried

Iain Donnell, Donnell Law Group addressed Council concerning Item DS-20-66 regarding City comments on three Environmental Compliance Approval Amendment Applications related to a proposed anaerobic digestion facility at 1515 Thornton Road North.

Members of Council questioned Iain Donnell.

Elizabeth McCaw, Oshawa Kicks Soccer Club addressed Council concerning the notice of motion previously given related to COVID-19 funding.

Barb Boyes, Lady Blue Knights addressed Council concerning the notice of motion previously given related to COVID-19 funding.


Matters Requiring Direction

Correspondence Requiring Action

CNCL-20-134 Oshawa Kicks Soccer Club in Support of Notice of Motion Concerning COVID-19 Funding

Moved by Councillor Chapman, seconded by Councillor Giberson, (209) “That Correspondence CNCL-20-134 from the Oshawa Kicks Soccer Club in support of the notice of motion previously given concerning COVID-19 funding be referred to the notice of motion.” Carried

CNCL-20-135 Lady Blue Knights in Support of Notice of Motion Concerning COVID-19 Funding

Moved by Councillor Chapman, seconded by Councillor Giberson, (210) “That Correspondence CNCL-20-135 from the Lady Blue Knights in support of the notice of motion previously given concerning COVID-19 funding be referred to the notice of motion.” Carried

CNCL-20-136 Oshawa Baseball in Support of Notice of Motion Concerning COVID-19 Funding

Moved by Councillor Chapman, seconded by Councillor Giberson, (211) “That Correspondence CNCL-20-136 from Baseball Oshawa in support of the notice of motion previously given concerning COVID-19 funding be referred to the notice of motion.” Carried

CNCL-20-137 Gerry Bonchek Submitting Comments Concerning the Location of a New Fire Hall Noted in Item CS-20-32

Moved by Councillor Chapman, seconded by Councillor Marimpietri, (212) “That Correspondence CNCL-20-137 from Gerry Bonchek submitting comments concerning the location of a new fire hall noted in Item CS-20-32 be referred to Item CS-20-32.” Carried

CNCL-20-138 John Malish Submitting Comments concerning Item DS-20-59

Moved by Councillor Chapman, seconded by Councillor Giberson, (213) “That Correspondence CNCL-20-138 from John Malish submitting comments concerning Item DS-20-59 regarding the Taunton Part II Plan be referred to Item DS-20-59.” Carried

CNCL-20-139 Wilson Furniture Submitting Comments Concerning Report CNCL-20-115

Moved by Councillor Chapman, seconded by Councillor Giberson, (214) “That Correspondence CNCL-20-139 from Wilson Furniture submitting comments concerning Report CNCL-20-115 regarding the one-way/two-way street conversion study update be referred to Report CNCL-20-115.” Carried


Items Pulled from Information Package

None

Public Consent Agenda

Moved by Councillor Chapman, seconded by Councillor Giberson, (215) “That all items listed under the heading of Public Consent Agenda for the June 22, 2020 Council meeting be adopted as recommended except:

Items CS-20-29, CS-20-32 and CS-20-35 from the Twentieth Report of the Community Services Committee;

Items CORP-20-17, CORP-20-18 and CORP-20-19 from the Nineteenth Report of the Corporate Services Committee;

Items DS-20-59, DS-20-62, DS-20-66 and DS-20-67 from the Fortieth Report of the Development Services Committee;

Items FIN-20-26, FIN-20-27, FIN-20-33, FIN-20-34 and FIN-20-35 from the Twenty-seventh Report of the Finance Committee;

Reports CNCL-20-115, CNCL-20-118, CNCL-20-120, CNCL-20-122 with related By-laws 64-2020, 65-2020 and 66-2020, CNCL-20-123, CNCL-20-125 and CNCL-20-126.” Carried

Correspondence

CNCL-20-132 420 Wing Oshawa Inc. Requesting Approval for an Application for Extension of the Licensed Area under the A.G.C.O.

Recommendation (Carried – See Page 161)

That based on Correspondence CNCL-20-132 dated June 5, 2020, the City Clerk be directed to advise the 420 Wing Oshawa Inc. that subject to the necessary approvals concerning zoning, health, police, fire protection and licensing requirements:

1. That the City has no objection to a temporary extension of their liquor licence for their ‘Aquino’ weekend being held by the Ontario Regiment Museum on Friday, September 18, 2020 from 6:00 p.m. to 12:00 a.m., Saturday, September 19, 2020 from 11:00 a.m. to 11:30 p.m. and on Sunday, September 20, 2020 from 12:00 p.m. 6:00 p.m.; and,

2. That the City has no objection to a temporary extension to allow a larger serving area of approximately 232 square metres (14.5 metres along north and south sides by 16.0 metres along east and west sides) extending from existing


building and deck to accommodate social distancing guidelines.

Adoption of Council Minutes

That the minutes of the City Council meetings held on May 25, 2020 and June 9, 2020 be adopted. (Carried – See Page 161)

Standing Committee Reports

Report of the Community Services Committee

The Community Services Committee respectfully reports and recommends to City Council its Twentieth Report.

CS-20-30 Wilson Road North, South of Coates Road East: Winter Maintenance Agreement


1. That based on Report CS-20-30 dated June 10, 2020 regarding a Winter Maintenance Agreement for Wilson Road North, South of Coates Road East, the City of Oshawa enter into a formal maintenance agreement with the Township of Scugog; and,

2. That the Chief Administrative Officer (C.A.O.) and Clerk be authorized to execute a winter maintenance agreement with the Township of Scugog, generally in the form outlined in Attachment 1 and that the final form be satisfactory to the C.A.O. and City Solicitor.

CS-20-31 K.P.M.G. Parks Services Audit Report


That Report CS-20-31 dated June 10, 2020 and Attachment 1, being the K.P.M.G. Parks Services Audit be received for information and that the recommendations and management responses in the KPMG audit be endorsed as the general basis for implementing improvements to Parks Services.

CS-20-32 Growth Related Operations Facility Needs Assessment


1. That based on Report CS-20-32 dated June 10, 2020, implementation of the recommendations and strategy outlined within the Growth Related Operations Facility Needs


Assessment (G.R.O.F.N.A.) dated May 2020 be endorsed by City Council in principle; and,

2. That future operating and capital budget considerations as outlined in the G.R.O.F.N.A. be presented to Council when appropriate through future budget submissions as part of the City’s regular budget planning process or separate reports as appropriate; and,

3. That the 2019 Development Charges Background Study and By-law be updated as appropriate to address the recommendations of the G.R.O.F.N.A. and to maximize the collection of development charges.

CS-20-29 Community Services Committee Outstanding Items Status Report – Second Quarter 2020


That Report CS-20-29 dated June 9, 2020 being the Community Services Committee Outstanding Items Status Report for the Second Quarter of 2020 be received for information.

CS-20-34 Reduced Speed Limit on Grandview Street North between Beatrice Street East and Corbett’s Road


Whereas the posted speed limit on Grandview Street North between Beatrice Street East and Corbett’s Road changes from 50 km/h to 40 km/h and then back to 50 km/h and in most cases it appears drivers do not lower their speed when entering the 40 km/h portion of the street; and,

Whereas when driving southbound from Beatrice Street East the posted speed is 50 km/h for vehicles travelling on a downward grade and the posted speed drops to 40 km/h as vehicles enter a right hand curve just before both the Harmony Valley Off Leash Dog Park and Corbett’s Park; and,

Whereas there have been numerous complaints of speeding in both directions on this portion of Grandview Street North;


Therefore be it resolved that staff be directed to take the necessary action to have the posted speed limit on Grandview Street North changed to 40 km/h for the entire portion of the street between Corbett’s Road and Beatrice Street East.

CS-20-35 Conversion of Outdoor Dining Spaces during COVID-19

Recommendation (Amended – See Page 178)

Whereas the COVID-19 pandemic has resulted in extraordinary measures and regulations to protect members of the public from transmission risk and to reduce the speed of virus spread throughout communities; and,

Whereas the COVID-19 pandemic has severely reduced the volume of business for many businesses across Oshawa, including those in the downtown urban area; and,

Whereas many cities in Canada and around the world are contemplating and implementing creative options to use open spaces such as sidewalks, alleys, streets, parking lots, and other outdoor spaces in their urban areas for outdoor dining that allows sufficient physical distance between diners; and,

Whereas the provincial government is reopening various services in the province in phases in the coming weeks and months.

Therefore be it resolved:

1. That Community Services staff work with stakeholders to adapt the use, where feasible, of roadways, sidewalks, parking lots, on-street parking stalls, and other usable outdoor spaces for the purpose of conversion to outdoor dining spaces for eating and drinking establishments; and,

2. That Community Services staff be authorized to implement necessary measures such as road closures, traffic calming, lane closures, parking stall closures, sidewalk closures with appropriate allowance for accessibility including conversion of adjacent road lanes or parking stalls into temporary pedestrian walk-arounds, and other such uses of open spaces for physically distanced outdoor dining, either in short-term intervals, or for the duration of the outdoor season as the preferred choice, including the use of various City equipment such as signage, fencing, outdoor tables, and other equipment where beneficial; and,

3. That such preparations are made with the aim of being ready for the appropriate announcement by the provincial government in terms of allowed activities and in full alignment with all safety regulations at said time; and,


4. That due to the exceptional nature of the circumstances, work cooperatively with other staff departments as necessary to simplify application processes and requirements to the absolute greatest extent possible, without sacrifice to safety and liability to the City, and without significant concern over asymmetrical opportunity and program delivery to different interested applicants; and,

5. That if upon further analysis by staff it is determined that the most effective and safest means of program delivery includes the traffic calming of the entire or significant portion of the downtown, such a measure also be put in place.

Report of the Corporate Services Committee

The Corporate Services Committee respectfully reports and recommends to City Council its Nineteenth Report.

CORP-20-17 Corporate Information Technology Strategic Plan: 2020-2024


1. That in accordance with Report CORP-20-17 dated June 3, 2020, the Corporate Information Technology Strategic Plan: 2020-2024, as outlined in Attachment 1 be approved in principle; and,

2. That the future operating and capital budget considerations as outlined in the detailed work plan be presented to Council when appropriate through future budget submissions as part of the City’s regular budget planning process or separate reports as appropriate.

CORP-20-18 Lobbyist Registry


That Report CORP-20-18 dated June 3, 2020 regarding a Lobbyist Registry be received for information.

CORP-20-19 Corporate Services Committee Outstanding Items Status Report – Second Quarter 2020


That Report CORP-20-19, dated June 2, 2020, being the Corporate Services Committee’s Outstanding Items Status Report for the Second Quarter of 2020 be received for information.


Report of the Development Services Committee

The Development Services Committee respectfully reports and recommends to City Council its Fortieth Report.

DS-20-67 Iain Donnell, Donnell Law Group Submitting Comments concerning City Council Referral DS-20-66 regarding City comments on three Environmental Compliance Approval Amendment Applications related to a proposed anaerobic digestion facility at 1515 Thornton Road North


That Correspondence DS-20-67 from Iain Donnell, Donnell Law Group concerning City Council Referral DS-20-66 regarding City comments on three environmental compliance approval amendment applications related to a proposed anaerobic digestion facility at 1515 Thornton Road North be received for information.

DS-20-66 City Comments on three Environmental Compliance Approval Amendment Applications concerning a proposed Anaerobic Digestion Facility at 1515 Thornton Road North (CNCL-20-98)


1. That pursuant to Report CNCL-20-98 dated May 20, 2020, and in accordance with those reasons identified in Section 5.4.2 of said Report, staff be authorized to request the Ministry of Environment, Conservation and Parks to not approve Environmental Compliance Approval applications ERO 019-1538, ERO 019-1539 and ERO 019-1540 submitted by RIC (EOR) Inc.; and,

2. That, pursuant to Report CNCL 20-98 dated May 20, 2020, and in the event the Ministry of Environment, Conservation and Parks chooses to continue to advance the approval of Environmental Compliance Approval amendment applications ERO 019-1538, ERO 019-1539 and ERO 019-1540 related to a proposed anaerobic digestion facility at 1515 Thornton Road North, staff comments contained in Section 5.4.2 and Attachment 8 of said Report be endorsed as the City’s comments; and,

3. That, pursuant to Report CNCL-20-98 dated May 20, 2020, staff be authorized to forward a copy of the Report and any related Council resolution to the Ministry of the Environment, Conservation and Parks as the City’s response to the postings on the Environmental Registry website with respect to Environmental Compliance Approval applications ERO 019-1538, ERO 019-1539 and ERO 019-1540 for waste, sewage and air, respectively, submitted by RIC (EOR) Inc. in


support of their Anaerobic Digestion Facility proposal at 1515 Thornton Road North; and,

4. That, pursuant to Report CNCL-20-98 dated May 20, 2020, a copy of the Report and the related Council resolution be sent to the Region of Durham and the Central Lake Ontario Conservation Authority; and,

5. That staff be authorized to forward Report DS-20-66, previously CNCL 20-98, dated May 20, 2020 and any related resolution of the Development Services Committee to the Province for its consideration and to provide a subsequent follow-up once Council has considered this matter.

DS-20-65 Second Report of the O.A.A.C. Built Environment Subcommittee – February 12, 2020 (OAAC-20-13)


That Report DS-20-65 being the Second Report of the Oshawa Accessibility Advisory be received for information:

‘That the O.A.A.C. Built Environment Subcommittee receive feedback from Planning staff when an accessibility recommendation made by the O.A.A.C. is not going to be implemented and an explanation why.’

DS-20-59 Urban Design Study and Land Use Plan for the Planned Development Area in the Taunton Part II Plan


That pursuant to Report DS-20-59 dated June 3, 2020, upon submission of an urban design study and land use plan for the Planned Development Area in the Taunton Part II Plan, the Development Services Department be authorized to initiate a non-statutory public process for the public and Council to consider the urban design study and land use plan.

DS-20-60 City Comments on Metrolinx’s Draft Environmental Project Report for the New Track and Facilities Project


1. That, pursuant to Report DS-20-60 dated June 3, 2020, the comments contained in Section 5.4 of said Report be endorsed as the City’s comments on Metrolinx’s Draft Environmental Project Report for the New Track and Facilities Transit Project Assessment Process; and,


2. That staff be authorized to forward a copy of Report DS-20-60 dated June 3, 2020 and any related resolution by the Development Services Committee to Metrolinx for its consideration and to provide a subsequent follow-up once Council has considered this matter.

DS-20-62 Development Services Committee Outstanding Items Status Report – Second Quarter 2020


That in accordance with Report DS-20-62 being the Development Services Committee’s Outstanding Items Status Report for the Second Quarter 2020:

1. Whereas by letter dated December 17, 2019, D.G. Biddle and Associates on behalf of Urban Life Developments Inc. withdrew the applications to amend Zoning By-law 60-94 for Approval of Draft Plan of Subdivision and for Approval of a Common Elements Draft Plan of Condominium;

Therefore be it resolved that Item 4 (Applications to Amend Zoning By-law 60-94, for Approval of Draft Plan of Subdivision and for Approval of a Common Elements Draft Plan of Condominium, 741 and 745 Taunton Road East, Urban Life Development Ltd.) be removed from the Development Services Committee’s Outstanding Items Status Report; and,

2. Whereas Correspondence DS-19-64 dated February 22, 2019 concerning a request to purchase land on Simcoe Street North was referred to staff for a report; and,

Whereas Closed Report DS-19-188 dated October 16, 2019 outlines the Council-approved disposal strategy for the City-owned lands on the east side of Simcoe Street North, between 1549 and 1561 Simcoe Street North; and,

Whereas City staff provided key terms in response to DS-19-64 in accordance with DS-19-188 which have now expired; and,

Whereas staff are advancing the Council-approved disposal strategy as outlined in Section 5.4 of Report DS-19-188 dated October 16, 2019;

Therefore be it resolved that Item 12 (Request to Purchase Land on Simcoe Street North) be removed from the Development Services Committee’s Outstanding Items Status Report; and,


3. Whereas Item DS-19-241 dated December 9, 2019 directed staff to prepare a Seniors Housing Study similar to the one prepared by the City of Brampton in December 2018; and,

Whereas the Region of Durham completed an Affordable Rental and Seniors Housing Across Durham Region report on October 10, 2017; and,

Whereas the Durham Region report addresses the issues similar to the City of Brampton report and Regional staff are working on implementing the recommendations of the report; and,

Whereas the Region is responsible for the housing portfolio and funds for housing from senior levels of Government flow to the Region and not the City; and,

Whereas having Development Services staff prepare a study would be a duplication of work already completed in this area;

Therefore be it resolved that Item 31 (direction to staff to prepare a study on seniors housing) be removed from the Development Services Committee’s Outstanding Items Status Report; and,

4. That the remainder of the Development Services Committee’s Outstanding Items Status Report – Second Quarter 2020 be received for information.

Report of the Finance Committee

The Finance Committee respectfully reports and recommends to City Council its Twenty-seventh Report.

FIN-20-34 Oshawa Generals Requesting In Kind and Cash Support for the 2021 Memorial Cup Bid


That Correspondence FIN-20-34 from the Oshawa Generals requesting in kind and cash support for the 2021 Memorial Cup Bid to referred to staff for a report on the request including a projected breakdown of both in-kind and financial contributions, project revenues to the City from the event and the response from the Oshawa Generals regarding outstanding financial issues between the City and the Generals.


FIN-20-35 June Property Tax Bill

Recommendation (Lost – See Page 180)

That City Council Referral FIN-20-35 concerning inserts to the property tax bills be referred to staff for a report:

‘Whereas in the past Councils have inserted messages with the City’s June property tax bill mail out; and,

Whereas there is an opportunity to insert a special information notice in with the tax bill each year; and,

Whereas the weight of the paper addition to the mail out should not substantially increase the current cost of the tax bill mail out;

Therefore Council approves a mail out policy that provides for a special information notice to be considered each year, and that Council will determine 60 days prior to the tax bill mail out deadline whether the City will insert a special information notice in that year’s property tax bill mail out.’

FIN-20-36 Council Remuneration Report


That City Council Referral concerning the Oshawa Council Remuneration Report be referred to staff for a report:

‘That the Oshawa Council Remuneration report include greater clarity and transparency with respect to Council members remuneration on the Region of Durham Council and the City of Oshawa Council and local board appointments, mileage, conferences, conventions and expenses, including all stipends and expenses paid for appointments of members of Oshawa Council from organizations such as the Conservation Authority the Durham Region Non-Profit Housing Corporation.’

FIN-20-27 Corporate Payments for the Month of March, 2020 (INFO-20-114)


The Report FIN-20-27 concerning Corporate Payments for the Month of March, 2020 be received for information.


FIN-20-28 Corporate Payments for the Month of April, 2020 (INFO-20-115)


The Report FIN-20-28 concerning Corporate Payments for the Month of April, 2020 be received for information.

FIN-20-26 2019 Annual Financial Statements


1. That the financial statements for the year ended December 31, 2019 attached to Report FIN-20-26 dated June 10, 2020 be approved; and,

2. That notice of the availability of the financial statements through the City’s website or upon request through Service Oshawa be published in the local newspapers on the City page; and,

3. That the financial statements be forwarded to appropriate stakeholders including the Province of Ontario and the City’s banking institution.

FIN-20-29 McMillan Parking Garage Structural Targeted Repairs, Phase 2 of 3


Whereas a Structural Assessment was completed in 2017 by a Professional Structural Engineer, providing recommendations for targeted structural repairs, and;

Whereas as part of the 2018 Capital Budget, Council approved Project 18110035 Structural Targeted Repairs Phase 1 of 3 (expansion joint repairs), in the amount of $155,000, and;

Whereas as part of the 2019 Capital Budget, Council approved Project 19110036 Structural Targeted Repairs Phase 2 of 3 (localized replacement of asphalt waterproof surface), in the amount of $350,000, and;

Whereas unforeseen site conditions, specifically below grade collapsed drainage pipe and inoperable heat tracing, were encountered during Phase 2 work, and;

Whereas these unforeseen site conditions had to be addressed prior to completing Phase 2 work, and;

Whereas, Finance Services has confirmed that the additional cost of $45,000 can be funded from the Conditions Audit Reserve;


Therefore, be it resolved that an additional $45,000 from the Conditions Audit Reserve be approved to cover the unforeseen site condition costs.

FIN-20-30 Request for Tender C2020-006 Municipal Facilities Snow Clearing


1. That the Supervisor, Purchasing and Support Services be authorized to award a contract as detailed in Report FIN-20-30 dated June 10, 2020 to Forest Ridge Landscaping Inc. for the provision of Municipal Facilities Snow Clearing, in the amount of $534,802 excluding all taxes; and,

2. That the Manager, Purchasing Services or Supervisor, Purchasing and Support Services be authorized to extend the contract for an additional four, one-year terms, subject to favorable service and pricing.

FIN-20-31 Tribute Communities Centre Liquor Licence


Whereas, the Tribute Communities Centre (‘T.C.C.’) is a premier Sports and Entertainment facility owned by City of Oshawa and managed by Spectra Venue Management; and,

Whereas, the City of Oshawa is the Liquor Licence holder as the owner of the facility; and,

Whereas, the Alcohol and Gaming Commission of Ontario (‘A.G.C.O.’) regulates Liquor Licences in the Province of Ontario; and,

Whereas, the current Liquor Licence footprint at the T.C.C. is confined to various internal areas of the building only; and,

Whereas, historically the City has had to provide permission to Spectra Venue Management for the submission of letters of non-objection to allow the T.C.C. to apply for special event permits from the A.G.C.O. for events occurring in the exterior courtyard, such as Oshawa Generals Home Opener Barbeque: and,

Whereas, expanding the existing footprint of the Liquor Licence at the T.C.C. to include the exterior courtyard would eliminate the annual need for letters of non-objection; and,

Whereas, to change the existing licensed area requires letters from Municipal Fire, Building Services and Public Health Officials; and,


Whereas, there are a number of application forms that need to be signed off, including:

• Signature of Partner(s);

• Signature of Application – Corporation;

• Municipal Information;

• Agency Letter of Approval;

Therefore be it resolved that Council delegate the authority to the Treasurer to, working with Spectra Venue Management, sign the required documentation on behalf of the City to affect the required changes to the T.C.C. Liquor Licence.

FIN-20-32 Proposed Regulatory Changes under the Development Charges Act: D.C. Payment Deferral

Recommendation (Carried – See 1)

Whereas, the Province has proposed changes to the Development Charges Act (‘D.C.A.’) as introduced by Bill 108 More Homes, More Choices Act on May 2, 2019; and,

Whereas, section 26.1 of the D.C.A. provides for the deferral of development charges (‘D.C.’) for rental housing development, non-profit housing development, and institutional; and,

Whereas these deferred payments for rental housing developments and institutional, industrial and commercial development are to be paid in six annual instalments beginning on the earlier of the date of permit issuance authorizing occupancy and the date the building is first occupied to be paid over five years; and,

Whereas the deferred payments for non-profit housing development are to be paid in 21 annual payments over 20 years; and,

Whereas, it is noted that the City’s current D.C. by-law has a non-statutory exemption for non-profit housing and for certain institution uses; and,

Whereas, as referenced in section 26.1 of the D.C.A., D.C.s are payable in instalments and the municipality may charge interest on the D.C., at a rate not exceeding the prescribed maximum interest rate, from the date of the application to the date the DC is payable; and,


Whereas, if a rate is not prescribed, municipalities should determine what interest rate will apply. To date, the province has not prescribed an interest rate; and,

Whereas, staff recommends that the City does not establish a fixed interest rate policy to allow flexibility to set the rate based on current market conditions;

Therefore, the Treasurer be delegated to determine the interest rate on a case by case basis as applications eligible for a locked in D.C. rate or D.C. deferral are received and approved.

FIN-20-33 Finance Committee Outstanding Items Status Report – Second Quarter 2020


1. Whereas Item FIN-20-21, Corporate Payments for the Month of November 2019, (INFO-20-19) was tabled on March 9, 2020; and,

Whereas the requested information was provided on March 11, 2020;

Therefore Item FIN-20-21 be lifted from the table and received for information; and,

2. That the remainder of the Finance Committee’s Outstanding Items Status Report – Second Quarter 2020 be received for information.

Reports to Council in Committee of the Whole

CNCL-20-115 One-Way/Two-Way Downtown Street Conversion Study Update

Recommendation (Lost – See Page 181)

That Report DS-20-115 dated June 17, 2020 concerning the One-Way/Two-Way Downtown Street Conversion Study Update be received for information.

CNCL-20-118 Property Tax Rebates, Reductions and Refunds Policy


1. That the Property Tax Rebates, Reductions and Refunds Policy attached to Report CNCL-20-118, dated June 17, 2020, be approved; and,

2. That staff be authorized to make amendments to the Property Tax Rebates, Reductions and Refunds Policy as


required through legislation changes or other housekeeping matters.

CNCL-20-120 Public Engagement Initiatives - 2021 Budget

Recommendation (Carried – See 2)

That public engagement initiatives for the 2021 City Budget, as proposed in Report CNCL-20-120, dated June 17, 2020, be approved in principle.

CNCL-20-121 COVID-19 Pandemic Response Update #3


That Report CNCL-20-121, COVID-19 Pandemic Response Update #3, dated June 17, 2020, be received for information.

CNCL-20-122 Dust and Mud Control Related to Construction and Development Activities


1. That Council pass a Dust and Mud Control By-law generally in the form of Attachment 6 to Report CNCL-20-122, dated June 17, 2020, to control the impacts of dust and mud related to building and development on adjacent properties; and,

2. That Council pass a Fouling of Roads By-law generally in the form of Attachment 7 to Report CNCL-20-122, dated June 17, 2020, to control the impacts of dust and mud related to building and development on City roads; and,

3. That Council pass a by-law generally in the form of Attachment 8 to Report CNCL-20-122 dated June 17, 2020, to further amend General Fees and Charges By-law 13-2003, as amended to establish a fee to recover the costs associated with remedial work related to dust and mud control related to construction and development activities undertaken by the City; and,

4. That the by-laws be in a form and content acceptable to the City Solicitor and the Commissioners, Corporate Services and Community Services Departments; and,

5. That the requirements of Notice By-law 97-2000 regarding notice to the public for amendments to the General Fees and Charges By-law 13-2003 be waived.


CNCL-20-123 Municipal Enforcement and Judicial Process for Certain By-law Violations


That Council approve a by-law to amend Pool Enclosure By-law 79-2006, as amended, Snow and Ice Removal By-law 92-2009, as amended, Lodging House By-law 94-2002, as amended, Fortification By-law 103-2005, as amended, Group Home Registration By-law 78-2006, and Sign By-law 72-96, as amended to establish or update Administrative Monetary Penalties generally in the form of Section 5.5 of Report CNCL-20-123 concerning municipal enforcement and judicial processes for certain By-law violations dated June 17, 2020, and in a final form and content acceptable to the City Solicitor and the Commissioner, Corporate Services Department.

CNCL-20-125 Proposed Changes to the Appendices of City of Oshawa Urban Growth Centre Community Improvement Plan Related to Accessibility


1. That, pursuant to Report CNCL-20-125 dated June 17, 2020, Development Services staff be authorized to undertake and implement changes to the Appendices of Urban Growth Centre Community Improvement Plan related to accessibility as generally set out in Section 5.3 of said Report; and,

2. That this proposed change to the program be funded from the Renaissance Community Improvement Plan Reserve in accordance with Council’s current practice.

CNCL-20-126 City Response to a Request from the Region of Durham to Facilitate the Implementation of Supportive Housing Options


Whereas on May 25, 2020, City Council referred Correspondence CNCL-20-99 dated May 19, 2020 from the Region of Durham (‘the Region’) to staff for a report; and,

Whereas the purpose of Correspondence CNCL-20-99 is to request that local municipalities and faith organizations across the Region assist in implementing supportive housing options through available, developable parcels of land; and,

Whereas the Region is seeking developable parcels of land with a minimum size of approximately 0.4 hectares (1.0 ac.) that are already serviced and in proximity to amenities such as medical services and have access to Durham Region Transit services; and,


Whereas staff have reviewed the City’s general holdings real estate inventory for developable parcels of land that meet the minimum criteria outlined in the Region’s request; and,

Whereas the City does not have any available parcels of land that meet the minimum criteria outlined in Durham Region’s request,

Therefore be it resolved that pursuant to CNCL-20-126, staff be authorized to forward a copy of Resolution CNCL-20-126 dated June 22, 2020 to the Region of Durham advising that in response to their request for developable parcels of land to assist in implementing supportive housing options, City staff have reviewed the City’s Real Estate Inventory of General Holdings and determined that there are no available parcels of land that meet the minimum criteria outlined in the Region’s request.

CNCL-20-129 Response to Item DS-19-104 Regarding Pedestrian Walkways Around Blocked Sidewalks


That Report CNCL-20-129 dated June 17, 2020 concerning pedestrian walkways around blocked sidewalks be received for information.

Public Discussion Agenda

Standing Committee Matters Excluded from Consent Agenda

The recommendation contained in Item CS-20-32 concerning the Growth Related Operations Facility Needs Assessment was now before Council.

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

The vote to adopt the recommendation contained in Part 1 of Item CS-20-32 Carried on the following

Affirmative – Councillors Chapman, Giberson, Gray, Hurst, Kerr, Marks, Neal and Mayor Carter

Negative – Councillors Marimpietri, McConkey and Nicholson

Absent – None


Affirmative – Councillors Chapman, Giberson, Gray, Hurst, Kerr, Marimpietri, Marks, McConkey, Neal, Nicholson and Mayor Carter

Negative – None


Absent – None



Negative – None

Absent – None

The recommendation contained in Item CS-20-29 concerning the Community Services Committee Outstanding Items Status Report – Second Quarter 2020 was now before Council.

The vote to adopt the recommendation contained in Item CS-20-29 Carried.

The recommendation contained in Item CS-20-35 concerning the conversion of outdoor dining spaces during COVID-19 was now before Council.

Moved by Councillor Kerr, seconded by Councillor Marks, (216) “That Part 2 of the recommendation contained in Item CS-20-35 be amended to insert the word ‘signage’ before the words ‘road closures’ and delete the words ‘including the use of various City equipment such as signage, fencing, outdoor tables, and other equipment where beneficial’.” Lost on the following vote

Affirmative – Councillors Hurst, Kerr, Marimpietri, Marks and McConkey

Negative – Councillors Chapman, Giberson, Gray, Neal, Nicholson and Mayor Carter

Absent – None

Moved by Councillor Giberson, seconded by Councillor Chapman, (217) “That Parts 1 and 2 of the recommendation contained in Item CS-20-35 be amended to delete the words ‘Community Services’ before the word ‘staff’; and,

That Part 4 of the recommendation be amended to insert the words ‘and the Region of Durham’ after the word ‘departments’.” Carried on the following vote


Negative – None

Absent – None

The vote to adopt the recommendation contained in Item CS-20-35 Carried as amended.

Moved by Councillor Giberson, seconded by Councillor Marks, (218) “That the meeting recess for 10 minutes.” Carried


The meeting recessed at 11:40 a.m. and reconvened at 11:50 a.m. with all members of Council in attendance electronically.

The recommendation contained in Item CORP-20-17 concerning the Corporate Information Technology Strategic Plan: 2020-2024 was now before Council.

The vote to adopt the recommendation contained in Item CORP-20-17 Carried.

The recommendation contained in Item CORP-20-18 concerning the Lobbyist Registry was now before Council.

The vote to adopt the recommendation contained in Item CORP-20-18 Carried on the following

Affirmative – Councillors Chapman, Giberson, Hurst, Kerr, Marimpietri, Marks, McConkey, Nicholson and Mayor Carter

Negative – Councillors Gray and Neal

Absent – None

The recommendation contained in Item CORP-20-19 concerning the Corporate Services Committee Outstanding Items Status Report – Second Quarter 2020 was now before Council.

The vote to adopt the recommendation contained in Item CORP-20-19 Carried.

The recommendation contained in Item DS-20-67 concerning Iain Donnell, Donnell Law Group submitting comments concerning City Council Referral DS-20-66 regarding City comments on three Environmental Compliance Approval Amendment Applications related to a proposed anaerobic digestion facility at 1515 Thornton Road North was now before Council.

The vote to adopt the recommendation contained in Item DS-20-67 Carried.

The recommendation contained in Item DS-20-66 concerning City comments on three Environmental Compliance Approval Amendment Applications related to a proposed anaerobic digestion facility at 1515 Thornton Road North was now before Council.

The vote to adopt the recommendation contained in Item DS-20-66 Carried on the following

Affirmative – Councillors Chapman, Giberson, Gray, Hurst, Kerr, Marks, Neal, Nicholson and Mayor Carter

Negative – Councillor McConkey

Declaration of Interest – Councillor Marimpietri

Absent – None


The recommendation contained in Item DS-20-59 concerning the Urban Design Study and Land Use Plan for the planned development area in the Taunton Part II Plan was now before Council.


The recommendation contained in Item DS-20-62 concerning the Development Services Committee Outstanding Items Status Report – Second Quarter 2020 was now before Council.


Moved by Councillor Chapman, seconded by Councillor Giberson, (219) “That the meeting recess for one hour.” Carried

The meeting recessed at 12:59 p.m. and reconvened at 2:00 p.m. with all members of Council in attendance electronically.

The recommendation contained in Item FIN-20-34 concerning the Oshawa Generals requesting in kind and cash support for the 2021 Memorial Cup Bid was now before Council.

The vote to adopt the recommendation contained in Item FIN-20-34 Carried.

The recommendation contained in Item FIN-20-35 concerning the June property tax bill was now before Council.

The vote to adopt the recommendation contained in Item FIN-20-35 Lost on the following

Affirmative – Councillors McConkey, Neal and Nicholson

Negative – Councillors Chapman, Giberson, Gray, Hurst, Kerr, Marimpietri, Marks and Mayor Carter

Absent – None

Moved by Councillor Chapman, seconded by Councillor Hurst, (220) “That Item FIN-20-35 concerning the June property tax bill be received for information.” Carried

The recommendation contained in Item FIN-20-27 concerning corporate payments for the month of March, 2020 was now before Council.


The recommendation contained in Item FIN-20-26 concerning the 2019 annual financial statements was now before Council.



The recommendation contained in Item FIN-20-33 concerning the Finance Committee Outstanding Items Status Report – Second Quarter 2020 was now before Council.


Reports to Council in Committee of the Whole Excluded from Consent Agenda

Moved by Councillor Giberson, seconded by Councillor Marimpietri, (221) “That Council proceed into Committee of the Whole.” Carried

The recommendation contained in Report CNCL-20-115 concerning a one-way/two-way downtown street conversion study update was now before Council sitting in Committee of the Whole.

The vote to adopt the recommendation contained in Report CNCL-20-115 Lost on the following

Affirmative – Councillors Gray, Kerr and Nicholson

Negative – Councillors Chapman, Giberson, Hurst, Marimpietri, Marks, McConkey, Neal and Mayor Carter

Absent – None

Moved by Councillor Giberson, (222) “Whereas Report CNCL-20-115 identifies the Simcoe-Centre Streets couplet as being the more feasible one-way streets for conversion back to two-way traffic, and these streets are Regional roads; and,

Whereas the City of Oshawa is currently engaged with undertaking steps towards conversion of the Albert-Celina Streets couplet into two-way streets; and,

Whereas all available evidence indicates that one-way streets lead to higher vehicle speeds and a lower sense of safety for individuals using other modes of transportation, as well as negative outcomes socially and economically for areas with one-way streets;

Therefore be it resolved that Oshawa City Council formally requests that the Region of Durham consider Report CNCL-20-115 and begin advancing analysis of the Simcoe-Centre couplet being converted to two-way streets, working with the City where appropriate.” Carried by later votes

Moved by Councillor Nicholson, “That the motion be referred to staff to have the 2001 report updated and include the potential design options, residential and business impacts and a cost estimate to do the work in 2020 dollars.” Lost on the following vote

Affirmative – Councillors Marimpietri and Nicholson

Negative – Councillors Chapman, Giberson, Gray, Hurst, Kerr, Marks, McConkey, Neal and Mayor Carter


Absent – None

The vote to adopt the motion related to Report CNCL-20-115 Carried.

Affirmative – Councillors Chapman, Giberson, Hurst, Kerr, Marimpietri, Marks, McConkey, Neal and Mayor Carter

Negative – Councillors Gray and Nicholson

Absent – None

The recommendation contained in Report CNCL-20-118 concerning the property tax rebates, reductions and refunds policy was now before Council sitting in Committee of the Whole.

The vote to adopt the recommendation contained in Report CNCL-20-118 Carried.

The recommendation contained in Report CNCL-20-120 concerning public engagement initiatives – 2021 budget was now before Council sitting in Committee of the Whole.


The recommendation contained in Report CNCL-20-122 and related By-laws 64-2020, 65-2020 and 66-2020 was now before Council sitting in Committee of the Whole.

The vote to adopt the recommendation contained in Report CNCL-20-122 and pass By-laws 64-2020, 65-2020 and 66-2020 Carried on the following


Negative – None

Absent – None

The recommendation contained in Report CNCL-20-123 concerning the municipal enforcement and judicial process for certain by-law violations was now before Council sitting in Committee of the Whole.


The recommendation contained in Report CNCL-20-125 concerning proposed changes to the appendices of City of Oshawa Urban Growth Centre Community Improvement Plan related to accessibility was now before Council sitting in Committee of the Whole.


The recommendation contained in Report CNCL-20-126 concerning the City response to a request from the Region of Durham to facilitate the implementation of supportive housing options was now before Council sitting in Committee of the Whole.



Moved by Councillor Chapman, (223) “That Council rise from Committee of the Whole.” Carried

Moved by Councillor Chapman, seconded by Councillor Giberson, (224) “That Council ratify the actions taken in Committee of the Whole.” Carried

Closed Consent Agenda

Moved by Councillor Chapman, seconded by Councillor Giberson, (225) “That all items listed under the heading of Closed Consent Agenda for the Council meeting of June 22, 2020 be adopted as recommended except

Correspondence CNCL-20-130; and,

Reports CNCL-20-124, CNCL-20-127, CNCL-20-128, CNCL-20-131 and CNCL-20-133.” Carried

Councillor Marimpietri made a declaration of interest concerning Report CNCL-20-124 being a verbal update from the City Solicitor regarding Harper v the City of Oshawa consistent with legal advice and did not take part in discussion or voting on the matter.

Closed Correspondence

CNCL-20-130 Rocco Tullio, Oshawa Generals Submitting Correspondence in Reponse to Council’s Decision of April 27, 2020 regarding the Potential Lease Extension between the Oshawa Generals and the City of Oshawa

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


That staff be directed to proceed as set out in the recommendation related to Correspondence CNCL-20-130 from Rocco Tullio, Oshawa Generals, in response to Council’s decision of April 27, 2020 regarding the potential lease extension between the City of Oshawa and the Oshawa Generals.

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 Forty-First Report.

DS-20-61 Request to Enter into an Endowment Fund Agreement with Trent University for the City of Oshawa Student Bursaries Endowment Fund



Whereas, on February 18, 2020 City Council considered Closed Report DS-20-22 dated January 29, 2020 and adopted the following recommendation:

‘That, pursuant to Report DS-20-22 dated January 29, 2020, staff be directed to advance the disposal strategy as set out in Section 5.6.1 of Report DS-20-22 as the City’s response to written offers submitted to acquire certain City-owned Lands on the east side of Thornton Road South, south of King Street West, as identified on Attachment 1 to said Report.’; and,

Whereas, the City entered into an Agreement of Purchase and Sale (P.S.A.) in accordance with Section 5.6.1 of Closed Report DS-20-22 dated January 29, 2020; and,

Whereas, pursuant to the fourth condition listed under Schedule A of the P.S.A., the City shall enter into an appropriate Agreement to advance this condition of the P.S.A.;


That pursuant to Report DS-20-61 dated June 3, 2020, the Agreement contained under Attachment 2 of said report be endorsed, in principle, by Council and the Commissioner, Development Services Department be authorized to enter into the Agreement, in a form and content to the satisfaction of the City Solicitor and the Commissioner, Development Services Department.


DS-20-63 Acquisition Strategy: Land on Park Road South and on Colonel Sam Drive



That, pursuant to Closed Report DS-20-63 dated June 3, 2020, staff be authorized to advance the Acquisition Strategy for the Donation Lands as set out in Section 5.3 to this Report and to execute such documents as necessary to complete the transaction, in a form and content to the satisfaction of the City Solicitor and Commissioner, Development Services Department.

Report of the Finance Committee

None.

Closed Staff Reports/Motions

CNCL-20-114 1200 Airport Boulevard - New Lease and Licence Agreement between Skyway Café Limited and the Corporation of the City of Oshawa



That, pursuant to Report CNCL-20-114 dated June 17, 2020, the Commissioner, Development Services Department be authorized to enter into a new lease and licence agreement with Skyway Café or a company to be named later for the use of space at the Oshawa Executive Airport terminal building at 1200 Airport Boulevard, consistent with the terms and conditions as generally set out in Section 5.0 and shown on Attachment 1 of said Report, and in a form and content satisfactory to the Commissioner, Development Services Department and City Solicitor.

CNCL-20-127 Acquisition Strategy for Land on Simcoe Street North Closed Pursuant to Section 239 (2)(c) of the Municipal Act Recommendation (Carried – See Page 189)

That the following recommendation be referred to the 2021 Budget deliberations:

1. That, pursuant to Closed Report CNCL-20-127 dated June 17, 2020, and conditional upon Council’s approval of funding for the reconstruction of the parking lot area at 3285 Simcoe Street North and on City-owned lands to the north and south pursuant to Items 3 and 4 below, the


Commissioner, Development Services Department be directed to execute the acquisition strategy as set out in said Report, generally in accordance with Sections 5 and 6 and Attachment 4 of said Report; and,

2. That, pursuant to Closed Report CNCL-20-127 dated June 17, 2020, the Commissioner, Development Services Department be authorized to execute any necessary agreements or documents to give effect to Item 1 above, in a form and content satisfactory to the Commissioner, Development Services Department and the City Solicitor; and,

3. In the event that the parking lot portion of the Columbus Community United Church property at 3285 Simcoe Street North is acquired by the City as outlined in Part 1, that funding in the amount of $250,000 be approved in addition to the $550,000 already identified as the City’s portion to cover the works under Project 72-0002 in the proposed 2020 Capital Budget; and,

4. The total cost to give effect to Part 3 above be allocated as follows:

• $550,000 from the Infrastructure Reserve; and,

• $250,000 Civic Property Development Reserve.

CNCL-20-128 Canadian Flight Academy – Further Update

(Closed pursuant to Section 239.2 (e) and (f) of the Municipal Act)

Recommendation (Amended – See Page 189)

That staff be authorized to proceed as directed in the recommendation contained in Section 5.4 of Report CNCL-20-128.

CNCL-20-131 Proposed Lease Extension with Oshawa Bocce Club Inc. for City-owned Lands at 200 Grenfell Street (Radio Park)

(Closed pursuant to Section 239.2 (c) of the Municipal Act)


That, pursuant to Report CNCL-20-131 dated June 17, 2020, the Commissioner, Development Services Department be authorized to execute an agreement, generally consistent with the terms and conditions as set out in Section 5.5.1 of said Report and in a form and content satisfactory to the Commissioner, Development Services Department and the City Solicitor, in consultation with the Commissioner, Community Services Department.


CNCL-20-124 Samuel Yoon, City Solicitor, Providing an Update Concerning Harper v. City of Oshawa

Closed pursuant to Section 239.2 (e) and (f) of the Municipal Act

(See Page 195)

CNCL-20-133 Downtown Security – CDN Protection Limited

Closed pursuant to Section 239.2 (b), (e) and (f) of the Municipal Act

(See Page 190)

Closed Discussion Agenda Moved by Councillor Chapman, seconded by Councillor Giberson, (226) “That Report CNCL-20-124 being a verbal update from the City Solicitor concerning Harper v the City of Oshawa be deferred to the end of the meeting.” Carried

Moved by Councillor Marks, seconded by Councillor Hurst, (227) “That Council reconsider its decision of June 9, 2020 concerning Part 1 of the motion related to CNCL-20-106.” Carried on the following 2/3 vote of members present and voting


Negative – None

Absent – None

Matters excluded from Closed Consent Agenda

Moved by Councillor Chapman, seconded by Councillor Giberson, (228) “That the meeting be closed to the public pursuant to Section 239.2 of the Municipal Act in order to consider Correspondence CNCL-20-130, Reports CNCL-20-127 and CNCL-20-131 which are concerning a proposed or pending acquisition or disposition of land; and Report CNCL-20-128 which is concerning litigation or potential litigation and advice subject to solicitor-client privilege.” Carried

Moved by Councillor Kerr, seconded by Councillor Hurst, (229) “That the meeting recess and reconvene in closed session at 4:22 p.m.”

The meeting recessed at 4:12 p.m. and reconvened in closed session at 4:22 p.m. with all members of Council in attendance electronically.

Also in attendance electronically were the City Clerk; the Chief Administrative Officer; the Commissioner, Finance Services/Treasurer; the Commissioner, Development Services Department; the Commissioner, Community Services Department; the Commissioner, Corporate Services Department; the City Solicitor; A. Kosnick, Lawyer;


the Executive Director, Human Resource Services; the Director, Municipal Law Enforcement and Licensing Services, the Director, Facilities Management Services, the Supervisor, Purchasing Support Services, the Deputy City Clerk; and F. Bianchet, Council-Committee Coordinator.

All other staff left the meeting.

Council went into closed session at 4:22 p.m.

Closed meeting discussions were held.

Moved by Councillor Chapman, seconded by Councillor Giberson, (230) “That Council rise from the closed session and report.” Carried

Council rose from closed session at 6:24 p.m.

Closed Report 1

All members of Council participating remotely verbally affirmed they were alone.

Members of Council discussed Correspondence CNCL-20-130 concerning comments from Rocco Tullio, Oshawa Generals in response to Council’s decision of April 27, 2020 regarding the potential lease extension between the Oshawa Generals and the City of Oshawa.

The Commissioner, Finance Services/Treasurer and City Solicitor responded to questions from Council.

Members of Council discussed Report CNCL-20-127 concerning the acquisition strategy for land on Simcoe Street North.

Members of Council discussed Report CNCL-20-128 concerning the Canadian Flight Academy.

The City Solicitor and A. Kosnick, Lawyer responded to questions from Council.

Members of Council discussed Report CNCL-20-131 concerning a proposed lease extension with Oshawa Bocce Club Inc. for City-owned lands at 200 Grenfell Street (Radio Park)

The Commissioner, Development Services Department responded to questions from Council.

Members of Council discussed Report CNCL-20-133 concerning downtown security.

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

This concludes the closed meeting summary.


The vote to adopt the recommendation related to Correspondence CNCL-20-130 concerning comments from Rocco Tullio, Oshawa Generals in response to Council’s decision of April 27, 2020 regarding the potential lease extension between the Oshawa Generals and the City of Oshawa Carried on the following


Negative – None

Absent – None

The vote to adopt the recommendation contained in Report CNCL-20-127 concerning the acquisition strategy for land on Simcoe Street North Carried on the following

Affirmative – Councillors Chapman, Giberson, Gray, Hurst, Kerr, Marimpietri, Marks, Nicholson and Mayor Carter

Negative – Councillor Neal

Absent – Councillor McConkey

The recommendation contained in Report CNCL-20-128 concerning the Canadian Flight Academy was now before Council.

Moved by Councillor McConkey, seconded by Councillor Gray, (231) “That the recommendation contained in Report CNCL-20-128 be amended to add ‘That members of Council be given access to review the public Application Record for CNCL-20-128, with the delivery to members of Council requesting to read it, in a form the City Clerk and City Solicitor find secure’.” Carried on the following vote

Affirmative – Councillors Giberson, Gray, Kerr, Marimpietri, Marks, McConkey, Neal, Nicholson and Mayor Carter

Negative – Councillors Chapman and Hurst

Absent – None

The vote to adopt the recommendation contained in Report CNCL-20-128 Carried as amended.

The vote to adopt the recommendation contained in Report CNCL-20-131 concerning a proposed lease extension with Oshawa Bocce Club Carried on the following vote


Negative – None

Absent – None


The following motion related to Item CNCL-20-133 was now before Council.

“1. That Council approve funding up to $100,000 to expand the scope of the City’s security services and retain CDN Protection Limited and that it be funded from the 2020 Council approved Corporate Security operating budget;” Carried by later vote

Moved by Councillor Marks, seconded by Councillor Kerr, “That the motion be amended to delete the words ‘CDN Protection Limited’ and insert the words ‘a security provider acceptable to the Commissioner, Corporate Services Department’.” Lost on the following vote

Affirmative – Councillor Marks

Negative – Councillors Chapman, Giberson, Gray, Hurst, Kerr, Marimpietri, McConkey, Neal, Nicholson and Mayor Carter

Absent – None

Moved by Councillor Gray, seconded by Councillor Kerr, “That the amendment related to CNCL-20-133 be referred to the Diversity and Inclusion Officer with input from Dr. Barb Perry.” Lost on the following vote

Affirmative – Councillors Gray and Neal

Negative – Councillors Chapman, Giberson, Hurst, Kerr, Marimpietri, Marks, McConkey, Nicholson and Mayor Carter

Absent – None

The vote to adopt the motion related to Report CNCL-20-133 Carried on the following

Affirmative – Councillors Chapman, Giberson, Gray, Hurst, Kerr, Marimpietri, McConkey, Neal and Nicholson

Negative – Councillor Marks and Mayor Carter

Absent – None

By-laws

54-2020 A By-law to amend Traffic By-law 79-99, as amended (Implements Council direction of May 25, 2020 through Report CNCL-20-70 to reduce the speed limit on Britannia Avenue East from Ritson Road North to Raike Drive to 40 km/h) (Carried – See Page 161)


55-2020 A By-law to Adopt Amendment 196 to the Oshawa Official Plan (Implements Council direction of May 25, 2020 through Report CNCL-20-33 to redesignate lands located at 133 Ritson Road North from Special Purpose Commercial to Residential) (Carried – See Page 161)

56-2020 A By-law to amend Zoning By-law 60-94, as amended (Implements Council direction of May 25, 2020 through Report CNCL-20-33 to change the zoning for lands located at 133 Ritson Road North from Special Purpose Commercial to R6-C (12) Residential subject to a site specific condition to permit the development of an 8-storey apartment building with 106 apartment units, 34 block townhouse units, 75 stacked townhouse units and 36 stacked back-to-back townhouse units.) (Carried – See Page 161)

57-2020 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 1970 Grandview Street North to facilitate the development 31 single detached dwellings and a future development block for up to 4 additional single detached dwellings in Draft Plan of Subdivision S-O-2016-09) (Carried – See Page 161)

58-2020 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 a portion of the lands generally located west of Townline Road North and north of Shankel Road to facilitate the development of 98 single detached dwellings and 81 block townhouse dwellings in Phase 1 of Draft Plan of Subdivision S-O-2016-05) (Carried – See Page 161)

59-2020 A By- law to amend Zoning By-law 60-94, as amended (Implements Council direction of May 25, 2020 through Report CNCL-20-77 to change the zoning for lands generally located north of Britannia Avenue East, between Ritson Road North and Wilson Road North to implement a Draft Plan of Subdivision to accommodate a number of residential dwellings, two elementary schools, one neighbourhood park, one parkette, open space, landscaping, road widening and new arterial and local roads) (Carried – See Page 161)

60-2020 A By-law to amend Boulevard By-law 136-2006, as amended (Implements Council direction of May 25, 2020 through Report CNCL-20-100 to require fixture owners to maintain utility boxes in a manner that ensures they are not broken, leaning, damaged, misaligned and continue to function as intended.) (Carried – See Page 161)


61-2020 A By-law to amend Licensing By-law 120-2005 as amended and General Fees and Charges By-law 13-2003, as amended (Implements Council direction of May 25, 2020 through Report CNCL-20-76 to provide for the licensing of Payday Loan Establishments) (Carried – See Page 161)

62-2020 A By-law to amend Licensing By-law 120-2005 as amended and General Fees and Charges By-law 13-2003, as amended (Implements Council direction of May 25, 2020 through Report CNCL-20-59 to provide for the licensing, regulating and governing of Short-Term Rentals) (Carried – See Page 161)

63-2020 A By-law to amend Parking Administrative Penalty System By-law 24-2011, as amended and Traffic and Parking By-law 79-99, as amended (Implements Council direction of June 24, 2019 through Item CORP-19-60 of the Ninth report of the Corporate Services Committee to update parking penalty amounts using a three-tiered system) (Carried – See Page 161)

64-2020 A By-law to Control Nuisance Dust and Mud (Implements Council direction of June 22, 2020 through Report CNCL-20-122 to control the impacts of dust and mud related to building and development on adjacent properties.) (Carried – See Page 182)

65-2020 A By-law to Regulate the Fouling of Highways (Implements Council direction of June 22, 2020 through Report CNCL-20-122 to control the impacts of dust and mud related to building and development on City roads.) (Carried – See Page 182)

66-2020 A By-law to amend the General Fees and Charges By-law 13-2003, as amended (Implements Council direction of June 22, 2020 through Report CNCL-20-122 to establish a fee to recover the costs associated with remedial work undertaken by the City related to the Dust and Mud Control By-law and the Fouling of Roads By-law) (Carried – See Page 182)

Matters Tabled

No matters were lifted from the table.

Notices of Motion Previously Given

Moved by Councillor McConkey, seconded by Councillor Neal, “Whereas during the COVID-19 pandemic Council has been made aware of the activities of staff through daily and weekly updates from the C.A.O.;


Whereas during this term of Council the Corporate Leadership Team meets regularly without regular reports to Council;

Therefore in the interest of strong two-way communication between senior staff and Council, the Corporate Leadership Team forward briefings of their meetings to Council once a month.” Lost on the following vote

Affirmative – Councillors McConkey and Neal

Negative – Councillors Chapman, Giberson, Gray, Hurst, Kerr, Marimpietri, Marks, Nicholson and Mayor Carter

Absent – None

Moved by Councillor Marimpietri, seconded by Councillor Chapman, (232) “Whereas on March 11, 2020, the World Health Organization and the Canadian Government declared COVID-19 a global pandemic; and,

Whereas on March 12, Ontario ordered schools closed and by March 17, began a more extensive shut down; and,

Whereas the pandemic has led to the closure of public spaces and the cancellation of events around the world throughout the country our province and right here within our own community, causing great stress on the arts sector; and,

Whereas local cultural organizations such as the Oshawa Folk Arts Council representing over 13 member clubs and organizations, as well as the many local service groups such as the Oshawa Rotary Club, have all been forced to cancel major events (i.e. Fiesta Week; Rib Fest; etc.) which historically contribute in large part to the fundraising and operational financing efforts of these sociocultural entities; and,

Whereas the Government of Canada and the Province of Ontario have committed they through the Canada Council for the Arts will continue to work with the Government of Canada, as well as provincial, territorial, and municipal partners, to ensure the strength of the sector; and,

Whereas at present, the Canada Council’s for the arts priorities as are our collective governing priorities are to ensure the health and safety of people across Canada and around the world and to work towards the sustainability and recoverability of the arts sector; and,

Whereas a significant period has past without further indication as to what tools, funding measures, or financial support our local social cultural, service clubs, and children/youth minor sporting originations can readily access to help support their operating costs and programming,


1. That the Federal, Provincial, and Regional Government help local municipalities assist their local social cultural, service clubs, and children/youth minor sporting originations with clear and definitive relief funding programs directed to help


sustain the afore mention groups through these trying times inflected on them by the affects of COVID-19; and,

2. That a copy of this resolution be sent to the Prime Minister of Canada, the Premier of Ontario, all Ontario Municipalities, all Members of Provincial Parliament, all Members of Parliament and Association of Municipalities of Ontario and Federation of Canadian Municipalities.” Carried on the following vote

Affirmative – Councillors Chapman, Giberson, Hurst, Kerr, Marimpietri, Marks, McConkey, Neal and Mayor Carter

Negative – Councillors Gray and Nicholson

Absent – None

Notices of Motion

The following notice of motion is submitted by Councillor Neal:

‘Whereas Hardco, the owners of 3440 Wilson Road North have applied to the City of Oshawa for an excess soil site; and,

Whereas Oshawa has a site alteration bylaw that presently does not address all the ramifications of a site alteration By-law; and,

Whereas as the residents of this area where this is proposed are aware of other site alteration bylaws from other Durham Region Municipalities;

Therefore be it resolved that an interim control bylaw for this area of 3440 Wilson Road in Oshawa be investigated by staff to provide the City the opportunity to undertake further study; and,

That this motion be referred to the Development Services Committee.’

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

‘Whereas the City of Oshawa may by by-law provide that Subsection 50(5) of the Planning Act, R.S.O. 1990, c.P.13, does not apply to certain lands; and,

Whereas when there is a division of lots or blocks for a sale or transfer and under the Part Lot Control process new building lots are created; and,

Whereas at present the City has no obligation to inform neighbours that changes will be occurring in their community related to any Part Lot Control application;

Therefore the City’s Part Lot Control process be comprehensively reviewed and updated to ensure the City has a policy and process approved by Council that is open and accountable to area residents when Part Lot Control applications are received; and,


That this motion be referred to the Development Services Committee.’

And;

‘Whereas each year the City approves millions of dollars in capital projects; and,

Whereas the City is committed to ensuring it is open and accountable to its stakeholders; and,

Whereas the City annually publishes a pie chart breakdown of its budget with its final property tax bill mail out; and,

Whereas other municipalities publish further budget details on-line and on social media with infographics of budget services and capital projects delivered to the community;

Therefore the finance and corporate services communications department raise awareness of the various services and capital projects being delivered to the community with an annual infographic posted on the City’s website and social media, in addition to the Tax brochure pie chart mail out; and,

That this motion be referred to the Finance Committee.’

And;

‘Whereas the City of Oshawa’s Transparency & Accountability Policy gives examples of how the City provides financial accountability and transparency, and among the examples listed the policy states that the City shall conduct a formal Program Review; and,

Whereas in November 2019, the MNP auditors, who were engaged under a third-party Provincial review program, reported to the Finance Committee on the benefits of a Program Review; and,

Whereas in the tremendous period of change in 2020 a formal Program Review would be timely;

Therefore the City initiate with stakeholder engagement a comprehensive and formal Program Review with a report to Council prior to the 2021 Budget deliberations; and,

That this motion be referred to the Finance Committee.’

Moved by Councillor Chapman, seconded by Councillor Giberson, (233) “That the meeting be closed to the public pursuant to Section 239.2 of the Municipal Act in order to receive an update from the City Solicitor concerning Harper v. City of Oshawa which includes information subject to solicitor-client privilege and potential litigation.” Carried

All members of Council were in attendance electronically except Councillor Marimpietri.


Also in attendance electronically were the City Clerk; the Chief Administrative Officer; the Commissioner, Finance Services/Treasurer; the Commissioner, Development Services Department; the Commissioner, Community Services Department; the Commissioner, Corporate Services Department; the City Solicitor; A. Kosnick, Lawyer; the Executive Director, Human Resource Services; F. Bianchet, Council-Committee Coordinator; and the Deputy City Clerk.

All other staff left the meeting.

Council went into closed session at 7:04 p.m.

Closed meeting discussions were held.

Moved by Councillor Chapman, seconded by Councillor Giberson, (234) “That Council rise from the closed session and report.” Carried

Council rose from closed session at 7:32 p.m.

Councillor Marimpietri re-entered the meeting.

Closed Report 2

All members of Council participating remotely verbally affirmed they were alone. Councillor Marimpietri was not in attendance.

The City Solicitor provided an update concerning Harper v. City of Oshawa.

Members of Council questioned the City Solicitor.

This concludes the closed meeting summary.

Confirming By-Law

Moved by Councillor Chapman, seconded by Councillor Giberson, (235) “That the confirming By-law be passed.” Carried

67-2020 A by-law to confirm the City Council meeting of June 22, 2020.

Adjourn

Moved by Councillor Kerr, seconded by Councillor Neal, (236) “That the meeting adjourn.” Carried

The meeting adjourned at 7:34 p.m.

public meeting recognition of indigenous lands council ...app.oshawa.ca › agendas › city_council...

Documents