City Council Special Meeting

Oshawa, ON (Canada) · 2026-06-29 · More Oshawa, ON (Canada) meetings · More Ontario meetings

Agenda

[0:21] Purpose
[5:36] Land Acknowledgement
[5:57] Additional Agenda Items
[5:59] Declarations of Pecuniary Interest
[6:04] Reports
[6:05] CNCL-26-46 - Downtown Property Acquisition for a Health Sciences Building (Ward  4)
[1:58:01] Confirming By-law
[1:58:53] Adjournment

Transcript

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[4:34] Morning everyone, thank you for joining us on this morning.
[4:40] Called this meeting to order, remind those that are intended,
[4:42] that this meeting is being recorded, web stream and captured,
[4:45] microphones must be used at all times. The purpose of
[4:47] this meeting is to consider a staff report related to
[4:51] a potential acquisition of property for a health sciences building.
[4:56] The city of Auschwitz situated on lands within the traditional
[4:59] territories of the Missisagi, Chippewai, Onoshinave, the signatories of the
[5:03] William Streety, which includes Ms. Saga's Gugag Island curve like
[5:07] Highwater, Alderville First Nation Chippewas of Georgine Island, Rama Bozola
[5:13] and First Nations. We are grateful for the Anishinaba, who
[5:16] have cared for the land and the waters within this
[5:18] territory. Since time of memorial, we recognise that Osha's steep
[5:23] and rich indigenous history and has now present day home
[5:26] to many First Nation Inuied Amatey people. We express the
[5:31] gratitude of this diverse group of indigenous people who continue
[5:34] to care for the land and shape and strengthen our
[5:36] community. As a municipality, we are committed to the understanding,
[5:41] the truth of our shared history, acknowledging our role in
[5:44] addressing negative impacts at colonization continues to have on Indigenous
[5:49] people developing reciprocal relationships and taking meaningful action towards true
[5:54] reconciliation. We are all treaty people. Declarations of pecuniary interests
[5:59] that need to be noted at this time. Madam Clerk,
[6:02] notice that there is it. Council Chapman, good morning. You
[6:04] have two motions, my understand that you sent to the
[6:07] clerk on Thursday. So please proceed. It's one and the
[6:12] same. The first one is the reconsideration on the CNCL
[6:16] 2646, the second pieces would kick in if the reconsideration
[6:20] is considered. Thank you. Do you have a senator on
[6:23] it? Yes, Councillor Mayor Patrick. Okay, I'd like a recorded
[6:26] vote on the reconsideration. Thank you. Could ask a question.
[6:29] I've sent in a motion related to going into committee
[6:32] of the hall prior to proceeded. We have a motion
[6:36] on the floor at this particular time. Okay, so I
[6:39] now have to discuss that motion. In committee of the
[6:43] whole. Would the community of the whole motion not need
[6:45] to be moved first? I've already accepted the motion. But
[6:48] I'm asking as a procedural matter. If the motion ends
[6:50] up on the floor. Yes. At that point, would a
[6:54] committee of the whole, not to my understanding. My understanding
[6:58] is emotion itself stands by itself? So wouldn't a procedural
[7:03] motion take precedence? Because whoever sends a thing in first
[7:10] doesn't answer any question with regards to how procedure will
[7:14] be approached in the matter. So we've always conduct ourselves
[7:18] accordingly. My understanding is we have a motion to reconsideration.
[7:22] Councillor Chapman notified the clerk's office on Thursday that he
[7:25] had every intent of moving the reconsideration along with the
[7:28] recommendation so that we could go and discuss the matter.
[7:33] As you've heard, I've accepted both. And so I'd like
[7:36] to proceed with the reconsideration. So what would be the
[7:38] appropriate time to bring a committee of the whole motion?
[7:41] To be absinthe, we'll have to see where the recommendations
[7:44] go. So there is no opportunity to go into closed
[7:50] in committee of the whole without. Okay, so I called
[7:57] a recorded vote on the reconsideration, Adam Clerk starts. Does
[8:00] the hand over on the other side? Thank you. There's
[8:03] a hand waving on the other side. I've already called
[8:06] the vote. Councillor Nicholson. Yes, the reconsideration first. Yes, sir.
[8:17] Microphone. I've already told you the question. On the first
[8:24] one. Is it in order to call a question on
[8:26] all three parts? I think we have to deal with
[8:30] part one. So that's what I understand. Okay. And it's
[8:33] my understanding that we don't debate reconsideration motions. Is that
[8:37] correct? No, we're just going to vote on it. So
[8:39] thank you. And can we clarify which vote the yes,
[8:43] the no works in which way. Yes means that we
[8:45] are, um, accepting to reconsideration. No means that you don't
[8:50] accept the reconsideration. Adam clerk, start with me, please. Yes.
[8:55] Vote on the reconsideration for CNCL 2646 part one Mayor
[8:59] Carter? Yes. Councillor Chapman? Yes. Councillor Garberson? No. Councillor Grey.
[9:06] Yes. Councillor Kerr? Yes. Councillor Lee? Yes. Councillor Mayor and
[9:12] Petra? Yes. Councillor Marx? No. Councillor McConkie's ups and Councillor
[9:18] Neal is absent. Councillor Nicholson? Yes. That's seven affirmative. Sure.
[9:28] Okay. So that's two thirds. Um, I've already accepted the
[9:33] motion from councillor. I'm going to move to call a
[9:36] question. Okay. Just a minute, please. You moved the recommendation
[9:39] in regards to it. Your secretary is Councillor Petry. Is
[9:42] that correct? Okay. I have questions on this. My understanding
[9:46] is, is that you want to move to call the
[9:48] question? Do you have a second? Have I not sent
[9:50] by an email indicating the committee of the whole motion
[9:52] first? Would I not next have the floor? No, you
[9:55] wouldn't because I've already got the motion from Councillor Chapman.
[9:58] Yeah. So the motion on the floor. The motion is
[10:01] on the floor. But if we want to go into
[10:02] closed session to ask questions, we could do that. We
[10:05] could do, we could do that. But I've accepted Councillor
[10:09] Nicholson's. You received a committee of the whole motion request
[10:12] prior to that. My understanding is that the committee of
[10:17] the whole, to move into committee, the whole that motion
[10:20] would need to be put in before councillor chapments. I've
[10:26] accepted the recommendation moved by the recommendation. It's been seconded.
[10:31] So somewhat that's the, that's the procedural practice of this
[10:34] council that a motion getting moved. Yes. Ken subborn any
[10:43] ability. And we have not received an update in 16
[10:47] months on this matter. Okay. I'm going to stop you
[10:51] there. I've ruled. I've accepted the motion. This is the
[10:56] motion is to move the recommendation by Councillor Chapman and
[11:00] second by Councillor Pietri. Councillor Nicholson, you called the question.
[11:04] Do you have a second during the calling the question.
[11:06] I'm waiting to find out if I do or not.
[11:08] Do I have a sector on calling the question. Second
[11:11] of our council Mayor Pietri. We have to record a
[11:14] vote on calling the question by Councillor Nicholson, please. So
[11:18] just chairman. Just hold on. We're going to, it's about
[11:22] calling the question. If it calls, I want to speak
[11:24] on the calling the question. Uh, we don't speak on
[11:28] calling the question. Procedural procedurally. You need four, three votes
[11:34] or three speakers against it and three speakers for it
[11:38] before you call the question on the way I always
[11:41] dealt with in second. We're getting a wee tied up
[11:48] in procedural and we're not going to get anything done
[11:50] today that is going to make any sense that anybody
[11:54] out there in the public. Okay. So you can't speak
[11:59] calling the question has been moved in secondary. A recorded
[12:02] vote has been called by. And can we just clarify
[12:04] that calling the question is to end any debate or
[12:07] any questions whatsoever. We're not going to go into closed
[12:09] session to ask questions if this passes. That's correct. Okay.
[12:13] Okay. For the record recorded vote is being called by
[12:17] Councillor Nicholson. Okay. Recorded vote by councillor Nicholson? Yes. Councillor
[12:25] Chapman? Yes. Councillor Garberson? Absolutely not. Councillor Grey? No. Sorry,
[12:32] you say, can you repeat that? Councillor way. Council Grey.
[12:37] Sorry. Sorry. I thought I responded. No. Okay. Thank you.
[12:42] Councillor Kerr? No. Councillor Lee? No. Councillor Marine Petrie? No.
[12:48] Councillor Marx? No. Councillor McConkie. No. Councillor Neal is absent
[12:55] Mayor Carter? Yes. That's three affirmative. Losers. Okay. I need
[12:59] a motion to go on a closed session, please, that
[13:02] they were on the recommendation as presented as. Yeah. Just
[13:07] hold on a sec. I have to go through the
[13:08] procedure. Council Job and you have a motion? Yes, I
[13:10] do. Move by myself second away, Councillor Mayor Pietri. They're
[13:13] pursuant to the municipal act this meeting be closed to
[13:15] the public to consider the following CNCL - 26 -
[13:19] 46 pursuant to sections 239 to see. I and K.
[13:25] C is proposed or pending acquisition or disposition of land.
[13:29] I, as information supplied incompetence, which could prejudice, which could
[13:33] prejudice a competitive position or interfere with negotiations of a
[13:37] person or organisation. And K is a position plan procedure
[13:42] criteria or instruction for negotiations. Carried on by or on
[13:47] behalf of the municipality. Okay. So it's been moved in
[13:50] second. Any opposition regards to go into close. I am
[13:54] asking for recorded vote. And I'm in opposition. Thank you.
[13:57] Okay. Thank you. Start with council McConkie, please. Ricardo fell
[14:02] to move into close. Councillor McConkie. No. Councillor Neal is
[14:08] absent. Councillor Nicholson? Yes. Councillor Chapman? Yes. Councillor Guyberson? Yes.
[14:16] Councillor Grey? Yes. Councillor Kerr? Yes. Councillor B? Yes. Councillor
[14:20] Marine Petty? Yes. Pastor Mark? Yes. Mayor Carter? Yes. Okay.
[14:29] So just give us a moment. We've got to close
[14:31] the doors. Any staff member that it's not. Directly involved
[14:34] in this discussion. We are going to ask him to
[14:36] leave. The show.
[1:50:15] Thank you for the patience. I greatly appreciate it. We
[1:50:17] went into closed session at 910 this morning. Questions and
[1:50:24] comments were asked and answered no motions were moved. At
[1:50:29] that time. We are now an open session. We have
[1:50:32] Councillor Chapman, Councillor Giverson, Councillor Grey, Councillor Kirk, Councillor Lee.
[1:50:37] Council Mayor Petri, Council Marx, Councillor McConkie, Councillor Nicholson along
[1:50:42] with our team. The doors are open. The motion is
[1:50:45] on the floor, the recommendation. I've sent an amendment. Senator
[1:50:51] amendment. Mr. Adapt 4.
[1:51:05] Just give me a moment, please.
[1:51:21] Yes. Do you have a second year for it at
[1:51:25] this time. I don't. The ID amendment is quite simple,
[1:51:29] though. It's just relating to providing the communication update. I
[1:51:34] haven't accepted it yet. I'm trying to make sure that
[1:51:35] it's in order, and I want to check all the
[1:51:38] boxes, okay? So nothing engage you, it's more on me.
[1:51:41] I'll second it. Just. Give me a minute, please.
[1:52:06] I want to get. To get. Our legal opinion on
[1:52:14] this first. Just, no, not yet. So I'm just going
[1:52:21] to give our solicitor a moment to read it. And
[1:52:24] make sure I clearly understand it. Thanks.
[1:53:02] Yeah. Go ahead. Just to let you know, Councillor Garvi
[1:53:06] said, I've been advised that this would break the confidentiality
[1:53:08] of the report. So therefore, I have to rule it
[1:53:11] out of order. You're more than willing to challenge the
[1:53:14] chair. But I've tried to take the best advice I
[1:53:17] can. I am quite confident in staff and the other
[1:53:22] party's ability to determine what parts would not be. Made
[1:53:26] public if there was a communication. Made. So could I
[1:53:33] just clarify then? In terms of what goes public and
[1:53:36] what doesn't, on matters like these as they progress. Back
[1:53:41] in late April. Without any advanced notice to members of
[1:53:45] council, a sign appeared outside the building. With a bit
[1:53:51] of summary information. I have yet to date to be
[1:53:56] given any update on who put the sign there under
[1:54:01] which authorization, how that fit into the existing agreements. So
[1:54:05] there are a lot of ambiguity as far as when
[1:54:08] and what and which stages. Things are communicated to the
[1:54:12] public on this. And I understand that. I'm just stating
[1:54:16] that based upon the advice I've been given, I'm going
[1:54:18] to say that it is out of order and that
[1:54:21] we have to protect the confidentiality. So if, again, as
[1:54:24] if you disagree with me, I get it. I'm taking
[1:54:31] the advice of people that are shorter than you. Yeah.
[1:54:33] And I mean, as I've mentioned, I would, I'll have
[1:54:35] to challenge the chair because for the very simple point
[1:54:38] that I would trust the party's ability to determine what
[1:54:41] communication would be appropriate given the current stage of this,
[1:54:47] hold on. One thing at a time. So a challenge
[1:54:51] has come to the chair. You don't need a secret
[1:54:53] deferred challenging to the chair. If you support the chair's
[1:54:57] decision, you say yes. If you don't support the chair,
[1:55:01] you say, no. And we will take a recorded vote
[1:55:03] to be able to make sure that that's the case.
[1:55:07] So Madam Clerk.
[1:55:45] I have called for, I've called for a recorded vote
[1:55:50] on challenging the chair. So please proceed, start myself, please.
[1:55:54] Yes. Recorded vote on challenging the chair. Mayor Carter? Yes.
[1:56:00] Councillor Chapman? Yes. Councillor Garberson? No. Councillor Grey? Yes. Councillor
[1:56:07] Kerr? Yes. Councillor Lee? Yes. Councillor Mayor Petrus? Yes. Without
[1:56:13] the benefit of knowing what you received in terms of
[1:56:15] legal opinion? No. Councillor McConkie. Yes, but is there any
[1:56:22] opportunity to go into closed session further after we vote
[1:56:27] on this. Can we go into closed session after this?
[1:56:30] We are dealing with challenging with the chair. Right. But
[1:56:33] after this challenging the chair. Yes. Councillor Neil is absent,
[1:56:40] councillor nickelson? Yes. That is. Nine affirmative. Mayor Carter, could
[1:56:48] we take a motion to go into closed session to
[1:56:50] look at the motion that comes? How many affirmative. Sorry.
[1:56:55] I'm sorry. Hold on a second. Madam Clerk. Sorry, eight
[1:57:00] affirmative. So, um, so closed session to look at the
[1:57:08] motion that there's no. Motion from Councillor Guyberson that you
[1:57:15] ruled out of order. Right. So it's not out of
[1:57:18] order because you gave the reason that it should not
[1:57:20] be in public session. So can now I move a
[1:57:23] motion to go into closed session. No, not to be
[1:57:26] able to do it because I don't have a motion
[1:57:28] in front of me because it's been ruled out of
[1:57:30] order. So the original motions on the floor, recorded vote
[1:57:33] on the original motion, Madam Clerk, starting with myself, please.
[1:57:40] Motion. Recorded vote. According to vote on the remainder of
[1:57:44] the motion. Yep. Mayor Carter? Yes. Councillor Chapman? Yes. Councillor
[1:57:50] Garberson. No. Councillor Grey? Yes. Councillor Kerr? Yes. Councillor Lee?
[1:57:57] Yes. Councillor Mary Petri. Yes. Councillor Marx? No. Councillor McConkie?
[1:58:05] No. Councillor Neal is absent. Councillor Nicholson? Yes. Seven affirmative.
[1:58:14] Thank you. Councillor Chapman. Yes, moved by myself, saying no
[1:58:18] by Council Mayor and Pietri that the confirming bylaw be
[1:58:20] passed. Recorded votes, please. Recorded vote on the confirming bylaw
[1:58:28] councillor, sorry, Mayo Carter? Yes. Councillor Chapman? Yes. Councillor Garberson?
[1:58:34] Yes. Councillor Grey? Yes. Councillor Kerr? Yes. Councillor Lee? Yes.
[1:58:41] Councillor Mary Petri? Yes. Councillor Marx? Yes. Councillor McConkie? Yes.
[1:58:47] Councillor Neal is absent. Councillor Nicholson? Yes. Ten affirmative. Motion
[1:58:52] of jury. Potion to adjourn. Second, I by Councillor. Petri.
[1:58:57] Any opposition. Seeing none. That's it. Thanks folks.