City Council Meeting Agenda for December 14, 2020
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City Council Meeting December 14, 2020 Council Chamber Public Session – 9:30 a.m. Closed Session – Following Public Session Agenda Notice to Correspondents In accordance Council’s Procedure By-law 111-2017, as amended, during the COVID-19 Pandemic Emergency and in order to maintain the Provincial guidelines regarding limiting the size of public gatherings, the Mayor or Deputy Mayor (or designate), the City Clerk, the Deputy City Clerk (or designate), City Clerk Services support staff and Information Technology Services staff will be permitted in the Council Chamber. All other Members of Council and City staff will participate electronically from their offices or an alternate private location to maintain required physical distance in accordance with Provincial orders. In-person attendance by the public will not be permitted. The Municipal Act, 2001 requires that, subject to the provisions in Section 239, all meetings be open in order for members of the public to observe the meetings. In order to comply with these provisions, members of the public may still view open meeting web streams online live and following the meeting as archived on the City’s website. Members of the public may request to address Council as a delegation through remote electronic access regarding an item printed on the Agenda and received by City Clerk Services a minimum of two business days prior to the meeting. Members of the public unable to meet the timeline, may submit written correspondence regarding an item on the agenda up to 2 hours prior to the meeting for Council’s consideration. The Clerk will e-mail the correspondence to all members of Council. The personal information contained in your correspondence to Oshawa City Council or its committees is collected under the Municipal Act, 2001. Any personal information you choose to disclose in your correspondence will be used to receive your views on the relevant issue(s) to enable the City to make its decision on the matter. This information will become part of the public record. The City of Oshawa is committed to providing services as set out in the Accessibility for Ontarians with Disabilities Act, 2005. If you have accessibility needs and require alternate formats or other accommodations please contact City Clerk Services by telephone 905-436-3311 or by e-mail at [email protected] or in person. Council Composition The Council of the City of Oshawa is comprised of eleven members – one Mayor, five Regional Councillors (one per Ward) and five City Councillors (one per Ward) Members of Council The Members of the Council of the City of Oshawa are: Mayor Dan Carter Regional Councillor Tito-Dante Marimpietri Regional Councillor Bob Chapman (Ward 3) (Ward 2) City Councillor Derek Giberson (Ward 4) City Councillor Bradley Marks (Ward 3) City Councillor John Gray (Ward 5) City Councillor Rosemary McConkey (Ward 1) City Councillor Jane Hurst (Ward 2) Regional Councillor John Neal (Ward 1) Regional Councillor Rick Kerr (Ward 4) Regional Councillor Brian Nicholson (Ward 5) City Council Meetings City Council meetings are held on the following Mondays in 2020, the public session commencing at 9:30 a.m.: June 22, September 28, October 26, November 23 and December 14. There are four Standing Committees of Council: Development Services Committee, Corporate Services Committee, Community Services Committee and Finance Committee. A calendar of all Standing Committee dates is available on the City of Oshawa website at www.oshawa.ca. For inquiries about this agenda please contact City Clerk Services at 905-436-3311 or by email at [email protected] Agendas and Minutes can be found at: http://calendar.oshawa.ca/Meetings City Council Agenda December 14, 2020 Page 1 Public Meeting (9:30 a.m.) 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 (As may be presented by Council Members) Additional Agenda Items (As may be presented at the meeting) Declarations of Pecuniary Interest (As may be presented by Council Members) Presentations Regional Chair John Henry to provide the 2020 Annual Update to Oshawa City Council. Delegations Susan Ellis, Friends of Second Marsh Board of Directors, requesting to address City Council concerning Correspondence CNCL-20-196 from the Friends of Second Marsh requesting a letter of support for the ‘Let’s De-phrag the Marsh!’ Project. Mary Finer requesting to address City Council concerning Item DS-20-147 from various residents submitting correspondence regarding the proposed large fill site at 3440 Wilson Road North. City Council Agenda December 14, 2020 Page 2 Matters Requiring Direction Items Requiring Action CNCL-20-196 Friends of Second Marsh – Requesting a Letter of Support for the ‘Let’s De-phrag the Marsh!’ Project (See Pages 1 to 7) CNCL-20-197 City of Oshawa Integrity Commissioner – Report on Complaint Gobin v. Nicholson, 2020 ONMIC 13 (See Pages 8 to 29) Items Pulled from Information Package CNCL-20-198 Correspondence from Ryan Turnbull, MP Whitby concerning Airport Noise at the Oshawa Executive Airport (INFO-20-218) (See Page 30) [Placed on the agenda at the request of Councillor McConkey in order to be received for information.] Public Consent Agenda That all items listed under the heading of Public Consent Agenda for the City Council meeting dated December 14, 2020 be adopted as recommended. Correspondence None Adoption of Council Minutes That the minutes of the City Council meetings held on November 23, 2020, November 26, 2020, and November 27, 2020 be adopted. City Council Agenda December 14, 2020 Page 3 Standing Committee Reports Report of the Community Services Committee The Community Services Committee respectfully reports and recommends to City Council its Twenty Fourth Report. CS-20-71 Comments on the Proposed Regulation and Regulatory Amendments to make Producers Responsible for Operating Blue Box Programs as Posted on the Environmental Registry (ERO number 019-2579) (See Pages 1 to 20) Recommendation Whereas, The City of Oshawa provides municipal waste collection services, which includes the collection of garbage, green bin and yard waste for our residents and parts of the Downtown; and, Whereas, the Region of Durham is responsible for providing blue box collection; and, Whereas, on October 19, 2020 the Ministry of Environment, Conservation, and Parks (M.E.C.P.) posted on the Environmental Registry of Ontario a draft regulation under the Resource Productivity and Circular Economy Act, 2016 (R.R.C.E.A.) for a 45 day comment period; and, Whereas, the proposed regulatory changes would transition the responsibility of the blue box recycling program from municipalities to the producers who are responsible for the waste generated from their products and packaging; and, Whereas, producers would then be directly responsible for collecting, managing and financing of the blue box program; and, Whereas, the intent of the proposed regulation is to expand blue box services to more communities across Ontario; the scope of materials collected by adding single-use packaging such as wraps, trays and bags; and collection to include locations not currently collected such as multi-residential buildings, schools, retirement homes, and some public spaces not currently collected by the Region; and, City Council Agenda December 14, 2020 Page 4 Whereas, these changes reflect that it is the producers who are in the best position to reduce waste generated from their products, while increasing resource recovery and ensuring a consistent and standardized blue box province wide; and, Whereas, under the regulatory framework the Region has been identified to transition responsibility to full producer responsibility in 2024; and, Whereas, in response to the Environmental Registry posting, the Region of Durham has submitted comments as outlined in Report #2020-COW-30 (Attachment 1) dated November 12, 2020 to the Ministry of Environment, Conservation and Parks; and, Whereas, to meet the 45 day comment period deadline of December 3, 2020 City staff have submitted the attached comments (Attachment 2) to the Ministry of Environment, Conservation and Parks pending Council endorsement; Therefore be it resolved, 1. That the attached comments to CS-20-71 on the proposed regulatory changes be endorsed; and, 2. That a copy of the comments be sent to the Association Municipalities of Ontario (A.M.O.), the Region of Durham and all Municipalities in the Durham Region. CS-20-72 Community Services Committee Outstanding Items Status Report – Fourth Quarter 2020 (See Pages 21 to 31) Recommendation That Report CS-20-72, dated December 1, 2020 being the Community Services Committee’s Outstanding Items Status Report for the fourth quarter of 2020 be received for information City Council Agenda December 14, 2020 Page 5 Report of the Corporate Services Committee The Corporate Services Committee respectfully reports and recommends to City Council its Twenty Fourth Report. CORP-20-45 Oshawa PUC Services Inc. Submitting Correspondence Concerning Public Wi-Fi at Lakeview Park (INFO-20-217) (See Pages 1 to 2) Recommendation 1. That Correspondence CORP-20-45 from Oshawa PUC Services Inc. submitting correspondence concerning public Wi-Fi at Lakeview Park be received for information; and, 2. That the Commissioner, Corporate Services Department, follow up directly with the Oshawa PUC Services Inc. on this matter. CORP-20-43 Meeting Management Software Implementation (See Pages 3 to 16) Recommendation That in accordance with Report CORP-20-43 concerning Meeting Management Software Implementation, the following options be endorsed: 1. That Option 2 – Integrated Approach as set out in Section 5.4.1 of the report be endorsed as the preferred Council technology option for ‘Participant Displays’; and, 2.