The Oshawa Record

City Council Special Meeting

June 10, 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.

What was decided (46 motions)

35 carried, 11 recorded otherwise. Every motion below is printed as the minutes print it.

That Report CNCL-22-49 being the Fortieth Report of the Corporate Services Committee be added to the agenda for the meeting of June 10, 2022 and
Moved by Councillor Chapman, seconded by Councillor Giberson
Referred
That Council proceed into Committee of the Whole.
Moved by Councillor Chapman, seconded by Councillor Nicholson
Carried
That in accordance with Report CNCL-22-47, dated May 25, 2022, regarding a Review of Procedure By-law 111-2017, as amended: That Council adopt the proposed amendments to clarify various clauses and further amend Council’s Procedure By-law 111-2017, as amended, as set out in Attachment 1; and, That Council provide direction related to comments received by Members of Council and matters
Moved by Councillor Chapman
Referred
In favour (1): Councillor Nicholson · Opposed (9): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor Neal
That Part 1 of the Recommendation contained in Item CNCL-22-47 be
Moved by Councillor Nicholson
Tabled
In favour (1): Councillor Nicholson · Opposed (9): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor Neal
That Staff Proposed Amendment, Suggestion #1-8 of CNCL-22-42 Attachment 1 concerning "Visiting Councillor" be deleted.
Moved by Councillor Nicholson
Lost
In favour (2): Councillor Neal, Councillor Nicholson · Opposed (9): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor McConkey
That Staff Proposed Amendment, Suggestion #1-11 Section 4, Part 4.9 of CNCL-22-47 Attachment 1 be amended to add the words 'on motions' after the words 'in discussion'.
Moved by Councillor Nicholson
Carried
In favour (8): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Marimpietri, Councillor Marks, Councillor McConkey, Councillor Neal · Opposed (3): Councillor Hurst, Councillor Kerr, Councillor Nicholson
That Staff Proposed Amendment, Suggestion #1-17, Section 14, Part 14.2, of CNCL-22-47 Attachment 1 be amended to move i) i. Items Pulled from Information Package immediately following iii) a. Matters Excluded from Consent Agenda.
Moved by Councillor Giberson
Carried
In favour (10): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor McConkey, Councillor Nicholson
That Staff Proposed Amendment, Suggestion #1-18, Section 14, Part 14.3, of CNCL-22-47 Attachment 1 be amended to move i) i. Items Pulled from Information Package immediately following iii) a. Matters Excluded from Consent Agenda.
Moved by Councillor Giberson
Carried
In favour (10): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor McConkey, Councillor Nicholson
That Staff Proposed Amendment, Suggestion #1-20, Section 18, Part “d” of CNCL-22-47 Attachment 1 be amended by deleting the words 'Two-Thirds'.
Moved by Councillor Marks
Carried
In favour (10): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor McConkey, Councillor Nicholson
That Staff Proposed Amendment, Suggestion #1-20, Section 18 of CNCL-22-47 Attachment 1 be amended by adding the following as Part e): 'e) Presentations on a matter will be heard by one body'.
Moved by Councillor Nicholson
Carried
In favour (6): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Marks, Councillor Nicholson · Opposed (3): Councillor Hurst, Councillor Kerr, Councillor Marimpietri
That Staff Proposed Amendment, Suggestion #1-22, Section 26 c) of CNCL-22-47 Attachment 1 be amended by deleting the words '(and seconder if applicable)'.
Moved by Councillor Marks
Lost
In favour (4): Councillor Chapman, Councillor Giberson, Councillor Marks, Councillor McConkey · Opposed (6): Mayor Carter, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Nicholson
That Part 1 of the Recommendation contained in Report CNCL-22-47 being Staff Proposed Amendments to the Procedure By-law 111-2017 be adopted, as amended.
Moved by Councillor Chapman
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 Suggestion #2-4 be amended to replace the word 'must' with 'can'.
Moved by Councillor Marks
Carried
In favour (10): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor McConkey, Councillor Nicholson · Opposed (1): Councillor Neal
That the Procedural By-law be amended to include appropriate wording to adopt the intent as recommended in Suggestion #2-26 of CNCL-22-47 Attachment 2 that motions are not permitted following a delegation, but to be made under the discussion of the actual item on the agenda.
Moved by Councillor Chapman
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 meeting recess for five minutes.
Moved by Councillor Nicholson
Carried
In favour (9): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor Nicholson · Opposed (1): Councillor McConkey
That Suggestion #2-27 be amended to include a time limit of up to one (1) minute for members of Council to ask their question.
Moved by Councillor Giberson
Carried
In favour (9): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor Nicholson · Opposed (1): Councillor McConkey
vote to adopt Suggestion #2-27 concerning questioning of delegates, as amended.
Moved by Councillor Chapman The
Carried
In favour (7): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Marimpietri, Councillor Marks · Opposed (4): Councillor Kerr, Councillor McConkey, Councillor Neal, Councillor Nicholson
That Suggestion #2-33 be amended to replace the word 'and' after the word 'debate,' with 'or by'.
Moved by Councillor Chapman
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 Procedural By-law be amended to include appropriate wording to adopt the intent as recommended in Suggestion #2-36 of CNCL-22-47 Attachment 2 to add the words “making decision about meeting business by reviewing agenda material and seeking information and advice from staff prior to the meeting.
Moved by Councillor Chapman
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 Suggestion #2-37 be amended to allow the Chair and Challenger to explain their respective position prior to the vote on the challenge.
Moved by Councillor Nicholson
Carried
In favour (8): Mayor Carter, Councillor Giberson, Councillor Gray, Councillor Kerr, Councillor Marks, Councillor McConkey, Councillor Neal, Councillor Nicholson · Opposed (2): Councillor Chapman, Councillor Hurst
That the Procedural By-law be amended to include Suggestion #2-40 of CNCL-22-47, Attachment 2, 'The Chair must Identify the rule broken in rulings.'.
Moved by Councillor Nicholson
Carried
In favour (8): Mayor Carter, Councillor Giberson, Councillor Gray, Councillor Kerr, Councillor Marks, Councillor McConkey, Councillor Neal, Councillor Nicholson · Opposed (2): Councillor Chapman, Councillor Hurst
That Suggestion #2-51 of CNCL-22-47, Attachment 2 be amended to add the words "at least one business day" before the words 'prior to a Motion'.
Moved by Councillor Nicholson
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 Procedural By-law be amended to include appropriate wording to adopt the intent as recommended in Suggestion #2-53 of CNCL-22-47 Attachment 2 that there should be a submission deadline such as 4:00 pm on the Business Day prior to a meeting for an item to be accepted by the Clerk and added to an agenda as an Addition item. Every effort will be made by the Clerk to have such items sent to Council by 4:30 pm on the Business Day prior to the meeting.
Moved by Councillor Chapman
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 Procedural By-law be amended to include appropriate wording to adopt the intent as recommended in Suggestion #2-55 that all additional agenda items from staff will require a Two-Thirds Majority vote to waive the rules, and a second Two-Thirds Majority vote to add the item.
Moved by Councillor Nicholson
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 proposed item under Section 19 be
Moved by Councillor Chapman
Deferred
That the meeting recess for one and thirty-four minutes.
Moved by Councillor Kerr
Carried
That the Procedural By-law be amended to include appropriate wording to adopt the intent as recommended in Suggestion #2-63 of CNCL-22-47 Attachment 2 to adopt Durham Region’s procedure regarding a Notice of Motion requiring a Mover and Seconder before it is placed on the Council Agenda and that once on the Council Agenda the Council will decide its disposition which could be to approve with or without amendments, deny or refer to a Committee for further discussion and action.
Moved by Councillor Chapman
Carried
In favour (10): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor Neal, Councillor Nicholson
That the Procedure By-law be amended to include appropriate wording to adopt the intent of CORP-22-47 related to failed Notices of Motion and Items Introduced.
Moved by Councillor Nicholson
Carried
In favour (6): Councillor Giberson, Councillor Kerr, Councillor Marimpietri, Councillor McConkey, Councillor Neal, Councillor Nicholson · Opposed (5): Mayor Carter, Councillor Chapman, Councillor Gray, Councillor Hurst, Councillor Marks
That Suggestions #2-68 to 2-73 of CNCL-22-47, Attachment 2 be replaced with the following: 'That the rules of procedure in committee meetings be revised so that during debate: The Mover of the motion provides opening comments up to 5 minutes Question portion: committee members are first able to ask questions (of staff, of the mover); Questions have a time limit of 1 minute; Each member may ask up to 3 questions; once the members’ list is exhausted on first questions, further questions may be taken from members Comment portion: (as current practice, 10 minutes first time speaking, 5 minutes afterwards); and, If a member has further questions during the debate portion, they must first indicate that they have questions when acknowledged by the chair and the chair will acknowledge that the member is resuming the question format (1 minute to ask question, 3 maximum).'
Moved by Councillor Giberson
Lost
In favour (5): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Marimpietri, Councillor Nicholson · Opposed (6): Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marks, Councillor McConkey, Councillor Neal
That Suggestion #2-78 be amended to add 'or debated' at the end of the sentence.
Moved by Councillor Nicholson
Carried
In favour (8): Mayor Carter, Councillor Chapman, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor Nicholson · Opposed (3): Councillor Giberson, Councillor McConkey, Councillor Neal
That the Procedural By-law be amended to include appropriate wording to adopt the intent as recommended in Suggestion #2-79 of CNCL-22-47 Attachment 2 that “Receive for Information” is an action and cannot be amended to include another action.
Moved by Councillor Chapman
Carried
In favour (9): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor McConkey · Opposed (2): Councillor Neal, Councillor Nicholson
That the Procedural By-law be amended to include appropriate wording to adopt the intent as recommended in Suggestion #2-81 of CNCL-22-47 Attachment 2 that a motion to put the Motion to a vote requires a Two-Third Majority Vote and is not amendable or debatable.
Moved by Councillor Giberson
Carried
In favour (8): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Kerr, Councillor Marks, Councillor McConkey, Councillor Neal, Councillor Nicholson · Opposed (3): Councillor Gray, Councillor Hurst, Councillor Marimpietri
That Suggestion #2-84, Section 30 of the Procedural By-law be amended as follows: That the word “Personal” be deleted from all sub-sections; and That the words “present at the meeting” in third sentence of sub-section 30. a) be deleted.
Moved by Councillor Chapman
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 Suggestion #2-86, be amended as follows: 'At a meeting of a Standing Committee questions from members and visiting councillors on outstanding matters (confined to the committee outstanding list) to staff may be asked without a motion, once the business of the committee is complete, and time permits. The time allotted for such questions is limited to 10 minutes with no follow-up round of questions'.
Moved by Councillor Marks
Carried
In favour (9): Mayor Carter, Councillor Chapman, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor McConkey, Councillor Nicholson · Opposed (2): Councillor Giberson, Councillor Neal
That the Procedural By-law be amended to include appropriate wording to adopt the intent as recommended in Suggestion #2-87 of CNCL-22-47 Attachment 2 in that Direction to Staff must be made as a motion and voted on accordingly.
Moved by Councillor Chapman
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 Procedural By-law be amended to include under the Section 'General 14.2': 'That 'Items
Moved by Councillor Giberson
Tabled
In favour (9): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Hurst, Councillor Kerr, Councillor Marimpietri, Councillor Marks, Councillor McConkey, Councillor Nicholson · Opposed (2): Councillor Gray, Councillor Neal
That the Procedural By-law be amended to include under the Section 'General': "That any item
Moved by Councillor Nicholson
Referred
In favour (2): Councillor Neal, Councillor Nicholson · Opposed (8): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marks, Councillor McConkey
That the Procedure By-law be amended to include Suggestion #106 of CNCL-22-47 Attachment 2 concerning Correspondence at Education and Training Sessions.
Moved by Councillor McConkey
Lost
In favour (2): Councillor McConkey, Councillor Neal · Opposed (8): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marks, Councillor Nicholson
That Suggestion #2-107 be amended to include the following as Part f): 'f) The time allocated to asking questions be limited to a max of one minute'.
Moved by Councillor Nicholson
Carried
In favour (8): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Marks, Councillor Nicholson · Opposed (2): Councillor McConkey, Councillor Neal
That Suggestion #2-107 Part d) be amended to replace 'five (5) minutes" with 'one (1) minute".
Moved by Councillor Giberson
Carried
In favour (6): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Kerr, Councillor Marks · Opposed (4): Councillor Hurst, Councillor McConkey, Councillor Neal, Councillor Nicholson
That the meeting recess for thirty minutes. The meeting recessed at 3:51 p.m. and reconvened at 4:13 p.m. with all members of Council in attendance except for Councillors Marimpietri, Marks and McConkey.
Moved by Councillor Chapman
Carried
In favour (2): Councillor Neal, Councillor Nicholson · Opposed (6): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr
That the Procedure By-law be amended in include only Part xiv) 'Members Questions' of Suggestion #2-111 of CNCL-22-47 Attachment 2.
Moved by Councillor Nicholson
Lost
In favour (2): Councillor Neal, Councillor Nicholson · Opposed (6): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr
That pursuant to Suggestion #2-59, Disposition of Standing Committee Recommendations, the Procedure By-law be amended to include the following wording: 'When a recommendation from a Standing Committee to Council contains a referral motion and the referral motion loses at Council, Council must make a decision concerning the original matter'.
Moved by Councillor Giberson
Carried
In favour (7): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Hurst, Councillor Kerr, Councillor Neal, Councillor Nicholson · Opposed (1): Councillor Gray
That Council rise from Committee of the Whole.
Moved by Councillor Chapman
Carried
In favour (8): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Neal, Councillor Nicholson
That Council ratify decisions made in Committee of the Whole.
Moved by Councillor Chapman, seconded by Councillor Giberson
Carried
In favour (8): Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Hurst, Councillor Kerr, Councillor Neal, Councillor Nicholson
That the Confirming By-law be passed.
Moved by Councillor Chapman, seconded by Councillor Giberson
Carried

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