The Oshawa Record

City Council Meeting

March 28, 2022

Who was there

Present (10): Dan Carter, Bob Chapman, Derek Giberson, John Gray, Rick Kerr, Tito-Dante Marimpietri, Bradley Marks, Rosemary McConkey, John Neal, Brian Nicholson

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

Declared interests

Councillor Chapmanon this item
Councillor Marimpietrion this item
Councillor McConkeyon this item
Councillor Nealon this item

What was decided (33 motions)

21 carried, 12 recorded otherwise. Every motion below is printed as the minutes print it.

That the Delegation of Ken Ruffo and the delegation of Peter Taylor, President, Friends of Second Marsh be added to the agenda, and Correspondence CNCL-22-28 from various residents submitting comments concerning Item CS-22-33 and Correspondence CNCL-22-30 from Jane Clark submitting comments concerning Item DS-22-71 and Correspondence from Louise Parkes be added to the agenda for the meeting of March 28, 2022 and be
Moved by Councillor Chapman, seconded by Councillor Giberson
Referred
In favour (5): Councillor Hurst, Councillor Kerr, Councillor McConkey, Councillor Neal, Councillor Nicholson · Opposed (6): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Marimpietri, Councillor Marks
That additional time-sensitive correspondence from Raymond Bond concerning an extension of the Road Occupancy Permit for CAMP be added to the agenda for the meeting of March 28, 2022. (Requires 2/3 vote of members present)
Moved by Councillor Chapman, seconded by Councillor Giberson
Carried
In favour (5): Councillor Hurst, Councillor Kerr, Councillor McConkey, Councillor Neal, Councillor Nicholson · Opposed (6): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Marimpietri, Councillor Marks
That the rules of procedure be waived to introduce a time sensitive motion concerning speeding in Raglan at this time. (Requires 2/3 vote of members present)
Moved by Councillor Neal, seconded by Councillor McConkey
Lost
In favour (5): Councillor Hurst, Councillor Kerr, Councillor McConkey, Councillor Neal, Councillor Nicholson · Opposed (6): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Marimpietri, Councillor Marks
That the rules of procedure be waived in order to introduce a time sensitive Motion concerning speeding in Columbus at this time. (Requires 2/3 vote of members present)
Moved by Councillor Neal, seconded by Councillor McConkey
Lost
In favour (4): Councillor Hurst, Councillor McConkey, Councillor Neal, Councillor Nicholson · Opposed (7): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Kerr, Councillor Marimpietri, Councillor Marks
That the rules of procedure be waived to introduce a time sensitive motion concerning a Community Safety Zone designation at this time. (Requires 2/3 vote of members present)
Moved by Councillor McConkey, seconded by Councillor Neal
Lost
In favour (3): Councillor Hurst, Councillor McConkey, Councillor Neal · Opposed (8): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor Nicholson
That the Delegations of Ken Roberts, Ron Bremner, Bill Forbes, Jeeva Raj, Dave Briggs and Ken Ruffo and Peter Taylor be heard.
Moved by Councillor Chapman, seconded by Councillor Giberson
Carried
That the Delegations of Wesley Anderson and Cindy Naylor and Peter Taylor, Friends of Second Marsh be heard. (Requires 2/3 vote of members present)
Moved by Councillor Chapman, seconded by Councillor Giberson
Carried
That the Delegation of Peter Lawryshyn be
Moved by Councillor Chapman, seconded by Councillor Giberson
Deferred
That the Agenda be altered to bring forward the delegation of Peter Taylor, President, Friends of Second Marsh. (Requires 2/3 vote of members present)
Moved by Councillor Kerr, seconded by Councillor Chapman
Carried
That Part 2 be amended to add the following words, 'that any such attempt to remove services will be treated as an act of irreparable harm to the Cities residents and the City may further seek injunctive relief to prevent the removal of the aforementioned services' after the words, 'replacement for those services; and,'; and,
Moved by Councillor Marks, seconded by Councillor Giberson
Carried
In favour (11): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor McConkey, Councillor Neal, Councillor Nicholson
That the motion be amended to delete the following words 'provided such support does not imply any form of finance support for the proposal' .
Moved by Councillor Nicholson, seconded by Councillor Kerr
Lost
In favour (5): Councillor Giberson, Councillor Kerr, Councillor McConkey, Councillor Neal, Councillor Nicholson · Opposed (6): Mayor Carter, Councillor Chapman, Councillor Gray, Councillor Hurst, Councillor Marimpietri, Councillor Marks
That the motion be amended to add the following as Part 2: '2. That the City Clerk be directed to send a copy of this resolution to Friends of Second Marsh; General Motors of Canada; Central Lake Ontario Conservation Authority; Ducks Unlimited; Ontario Tech; Trent University Durham; Durham College; John Henry, Regional Chair and CAO, Durham Region; Colin Carrie MP; all Durham MPPs; Minister of Ministry of Northern Development, Mines, Natural Resources and Forestry; Minister of Ministry of Environment, Conservation and Parks; and Minister of Heritage, Sport, Tourism and Culture Industries for their information'.
Moved by Councillor Kerr, seconded by Councillor McConkey
Carried
In favour (7): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Marimpietri, Councillor Marks, Councillor Neal · Opposed (4): Councillor Hurst, Councillor Kerr, Councillor McConkey, Councillor Nicholson
That the motion be referred to staff for a report to the Development Services Committee.
Moved by Councillor Marimpietri, seconded by Councillor Chapman
Carried
In favour (7): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Marimpietri, Councillor Marks, Councillor Neal · Opposed (4): Councillor Hurst, Councillor Kerr, Councillor McConkey, Councillor Nicholson
That Council reconsider its decision of October 25, 2021 which set the expiry of the permit at the end of the Cold Season, March 31, 2022. (Requires 2/3 vote of members present) Motion Councillor Kerr challenged the Chair's ruling concerning the requirement for a reconsideration vote. The Mayor's ruling was upheld on the following vote
Moved by Councillor Kerr, seconded by Councillor Nicholson
Carried
In favour (9): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Marimpietri, Councillor Marks, Councillor Neal, Councillor Nicholson · Opposed (2): Councillor Kerr, Councillor McConkey
That the rules of procedure be waived to introduce a motion concerning a Road Occupancy Permit at this time. (Requires 2/3 vote of members present)
Moved by Councillor Nicholson, seconded by Councillor Kerr
Lost
In favour (5): Councillor Giberson, Councillor Kerr, Councillor McConkey, Councillor Neal, Councillor Nicholson · Opposed (6): Mayor Carter, Councillor Chapman, Councillor Gray, Councillor Hurst, Councillor Marimpietri, Councillor Marks
That Correspondence CNCL-22-23 submitted by Darlin Boncheck regarding Oshawa Fire Services (INFO-22-59) be
Moved by Councillor Nicholson, seconded by Councillor Neal
Referred
That all items listed under the heading of Public Consent Agenda for the City Council Meeting dated March 28, 2022 be adopted as recommended except: Correspondence CNCL-22-21; and, Items CS-22-27, CS-22-28, CS-22-32 and CS-22-33 from the Thirty-Eighth Report of the Community Services Committee; Items CORP-22-12, CORP-22-11, CORP-22-16 and related By-law 29-2022 and CORP-22-15 and related By-law 28-2022 from the Thirty-Seventh Report of the Corporate Services Committee; and, Items DS-22-56, DS-22-57, DS-22-58, DS-22-54, DS-22-52, DS-22-51, DS-22-62, DS-22-64, DS-22-65 and DS-22-71 from the Seventy-Fifth Report of the Development Services Committee; and, Items FIN-22-25 and FIN-22-35 from the Fifty-Second Report of the Finance Committee; and, Report CNCL-22-20.
Moved by Councillor Chapman, seconded by Councillor Giberson
Carried
That the meeting recess for one hour.
Moved by Councillor McConkey, seconded by Councillor Kerr
Carried
That the recommendation be amended to delete 'Corporate Services Committee' and replace with 'Durham District School Board'.
Moved by Councillor Chapman, seconded by Councillor Marks
Carried
That the motion be amended to add the words, 'and a 40 km/hr speed limit' after the words 'Community Safety Zone' and the words 'Esterbrook Drive' be replaced with the words 'Townline Road'. Motion A request was made to divide the motion to vote on the two amendments separately. The vote to adopt the addition of a 40 km/hr speed limit.
Moved by Councillor McConkey, seconded by Councillor Neal
Carried
In favour (11): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor McConkey, Councillor Neal, Councillor Nicholson
That the motion be further amended to extend the 40 km/hr limit from Esterbrook Drive to Townline Road.
Moved by Councillor McConkey, seconded by Councillor Neal
Carried
That the motion be amended to delete the words, 'provided they are physically located in the Province of Ontario subject to reasonable exceptions due to special circumstances'.
Moved by Councillor Chapman, seconded by Councillor Giberson
Carried
In favour (8): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Hurst, Councillor Marimpietri, Councillor Marks, Councillor McConkey, Councillor Neal · Opposed (3): Councillor Gray, Councillor Kerr, Councillor Nicholson
That the amendment be amended to add, 'and preserves the utmost public participation in the planning process'.
Moved by Councillor Nicholson, seconded by Councillor McConkey
Carried
That the amended be further amended to replace the word 'those' with 'any'.
Moved by Councillor Nicholson, seconded by Councillor Marks
Carried
That the following be added as Part 2: 'That the Council of the City of Oshawa request the Minister of Municipal Affairs and Housing and the Minister Northern Development, Mines, Natural Resources and Forestry to use all powers within their jurisdictions, including Ministers Zoning Orders, to prevent the conversion of this irreplaceable waterfront greenspace to housing and any other use not in keeping with principle of sustainable waterfront corridors and greenspace areas;' And the remainder be renumbered.
Moved by Councillor Nicholson, seconded by Councillor Gray
Carried
In favour (11): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor McConkey, Councillor Neal, Councillor Nicholson
That Item DS-22-54 be
Moved by Councillor McConkey, seconded by Councillor Neal
Referred
In favour (7): Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor McConkey, Councillor Neal, Councillor Nicholson · Opposed (4): Mayor Carter, Councillor Chapman, Councillor Marimpietri, Councillor Marks
That Item DS-22- 51 be
Moved by Councillor McConkey, seconded by Councillor Neal
Referred
In favour (5): Councillor Hurst, Councillor Marimpietri, Councillor McConkey, Councillor Neal, Councillor Nicholson · Opposed (6): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Kerr, Councillor Marks
That DS-22-62 be referred to Legal Services for a report back to the next Development Services Committee.
Moved by Councillor McConkey, seconded by Councillor Neal
Lost
That the item be referred to the Innovation and Transformation Department.
Moved by Councillor McConkey
Lost
In favour (10): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor Neal, Councillor Nicholson · Opposed (1): Councillor McConkey
That the meeting be closed to the public pursuant to Section 239(c)(e) and (f) of the Municipal Act in order to hear the delegation of Peter Lawryshyn which is regarding Item DS-22-53 concerning a proposed or pending acquisition or disposition of land and to consider Report CNCL-22-24 concerning personal matters about an identifiable individual, including City or local board employees.
Moved by Councillor Chapman, seconded by Councillor Giberson
Carried
That Council rise from closed session and report.
Moved by Councillor Chapman, seconded by Councillor Kerr
Carried
That Report DS-19-19 concerning Request from the Oshawa Port Authority to Amend the 1976 Harbour Road Extension Agreement be lifted from the table and received for information.
Moved by Councillor Nicholson, seconded by Councillor Chapman
Carried
A by-law to confirm the City Council meeting of March 28, 2022.
Moved by Councillor Chapman, seconded by Councillor Giberson
Carried

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