Council

That the minutes of the regular meetings of Council dated July 12, 2010, and August 9, 2010, the special meeting of Council dated August 23, 2010, be approved.

That the confidential minutes of the closed session of the special meeting of Council dated August 23, 2010, be approved.

That the recommendations of the Community Services Committee meeting of August 23, 2010, be approved.

That the recommendations of the Administrative Services Committee meeting of August 23, 2010, and the confidential report of the closed session of the Administrative Services Committee meeting of August 23, 2010, be approved subject to the separation of Item 4 – By-law 2010-136 - Amendment to Taxicab By-law 2005-026, Item 8 – Woodington Lane – Private Sewage System, Item 9 - Land Purchase-Central Operations Facility, and Item C-1 - A Proposed/ Pending Acquisition/Disposition of Land.

That Items 9 and C-1 of the Administrative Services Committee report of August 23, 2010, be

That the recommendation of the Administrative Services Committee pertaining to Item 8 – Woodington Lane - Private Sewage System, be received; 2. That the request of the Halton Condominium Corporation No. 470 for permission to locate services in an easement across Town parkland be refused at this time; 3. That Halton Condominium Corporation No. 470 be granted permission to conduct testing within the area of the pipeline easements for the purpose of assessing the feasibility of the requested sanitary easement, subject to compliance with conditions to the satisfaction of the Director of Parks and Open Space and Town Solicitor protecting the public interest including compliance with requirements of pipeline authorities, insurance, securities, coordination with park activities, and confirmation that authorization for testing in no way constitutes a commitment to a future easement; and 4. That staff be directed to meet with representatives of the condominium corporation and their consultants for the purpose of coordinating Town, Regional and agency comments and otherwise facilitating their assessment of available options. (continued) Moved by Councillor Khan Seconded by Councillor Adams That the foregoing recommendation pertaining to Item 8 – Woodington Lane - Private Sewage System, moved by Councillor Johnston, seconded by Councillor Bird, be amended by the addition of the following clause 5, to read: “5. That the Town retain an independent third party engineering firm to: a. dete

That the recommendation of Administrative Services Committee pertaining to Item 4 – By-law 2010-136 - Amendment to Taxicab By-law 2005-026, be approved subject to revising Schedule 2, clause 5 of the by-law, to replace the word “increase” with “adjustment”.

WHEREAS the Province of Ontario appointed Dr. David Balsillie to develop an Action Plan to make recommendations to improve air quality and manage air pollution impacts in the Oakville-Clarkson Airshed; WHEREAS the Action Plan indicates that the Ministry of Environment has confirmed that the Oakville-Clarkson Airshed represents a “taxed” or compromised airshed with respect to respirable particulate matter (PM 2.5 ), and as such is considered to be incapable of accepting additional pollutant loadings; WHEREAS the Action Plan indicates that there is no safe exposure level to PM 2.5 and that the consequences of exposure are particularly severe among infants, people with health conditions such as asthma, lung cancer and cardiovascular disease, and is linked to brain damage and frequently cited as a cause of premature deaths; WHEREAS the Action Plan notes that in 2008, the Canadian Medical Association reported 700 premature deaths in Peel Region and 336 in Halton Region associated with bad air quality; WHEREAS the Action Plan identifies that the Oakville-Clarkson Airshed is further disadvantaged by topographical and meteorological features that can result in the long-range transportation of air pollution into, and the trapping of air pollutants in the Airshed; WHEREAS the Action Plan identifies that the siting of a power plant within this airshed is a major science and technical issue; WHEREAS the Action Plan notes that increasing emissions in the airshed is unacceptable, and that

That the recommendation contained in the confidential report from Mayor Burton, dated May 26, 2010, be approved.

That, in accordance with Section 1.2(2), the rules of the Procedure By-law established in Section 6.1(2) be waived to permit consideration of the following Notice of Motion regarding Statistics Canada census form, upon its introduction this evening.

WHEREAS all orders of government use Statistics Canada’s Census data to inform their policy decision-making and program/service implementation as they rely on the reliability and validity of this information. Business, non-profit organizations and universities also heavily use this data for their respective purposes; WHEREAS the data used is generally extracted and analyzed from the mandatory “long form” questionnaire which asked one-fifth of Canadian households questions on issues such as work, education, housing, income, child care, migration, ethnicity and family life; WHEREAS a survey methodology that relies on voluntary responses will compromise the efficacy of the data resulting in a significant negative impact on municipalities’ capacity to conduct reliable, accurate analysis of municipal issues on a longitudinal basis and on all municipal, provincial and federal government programs/services driven by the Census data; and WHEREAS the federal government eliminated the mandatory nature of the “long form” of the upcoming 2011 Census through an Order in Council, without the consultation that generally takes place before such changes in well-established government operations are decided upon; THEREFORE BE IT RESOLVED: THAT Oakville Town Council urges the federal government to reconsider and reverse the decision to eliminate the mandatory nature of the “long form” of the Census; AND FURTHER THAT a copy of this resolution be forwarded to the Prime Minister; to the Federal Min

That, in accordance with Section 1.2(2), the rules of the Procedure By-law established in Section 6.1(2) be waived to permit consideration of the following Notice of Motion regarding a request for additional police enforcement at Sheridan College, upon its introduction this evening.

That Halton Regional Police Service be requested to provide additional enforcement relating to underage drinking and nuisance behaviour in the vicinity of Sheridan College during the September school term commencement period.

That the following by-law(s) be passed: 2010-136 A by-law to amend By-law 2005-026 (The Oakville Taxicab Licensing By-law), as revised. (Re: ASC Item 4) 2010-138 A by-law to amend By-law 1984-1 (The Traffic By-law). (Re: CSC Item 2) 2010-149 A by-law to confirm the proceedings of a meeting of Council.

That the request by Souvlaki Hut (2248223 Ontario Ltd.) to enter into a license agreement with the Town of Oakville to the satisfaction of the Town Solicitor, to permit the establishment of a seasonal outdoor patio within the Herald Avenue road allowance along the property flankage of 300 Kerr Street, be approved; and 2. That the Mayor and Clerk be authorized to execute a license agreement with the owners of the Souvlaki Hut.

That By-law 2010-138, a by-law to amend By-law 1984-1 (The Traffic By-law), be passed.

That the staff report entitled “Cycling on Arterial Roadway Sidewalks”, dated August 5, 2010, be received; and 2. That staff be requested to report back on the City of Burlington model allowing cycling on sidewalks, with the focus on major arterial roads.

That the following clause 2 of the recommendation pertaining to Item 5b – New Park Facilities Update, of the Parks and Recreation Advisory Committee minutes from its meeting on June 2, 2010, be approved and the remainder of the minutes received: “2. That the Parks and Recreation Advisory Committee recommends to Council that staff be requested to investigate other opportunities for the installation of GreenGym Adult Outdoor Fitness Equipment in other parks within the Town of Oakville.”

That the minutes of the Transit Advisory Committee meeting of June 9, 2010, be received.

That the minutes of the Environmental Strategic Plan Advisory Committee meeting of June 23, 2010, be received.

That the minutes of the Oakville Harbours Advisory Committee meeting of June 23, 2010, be received.

That the minutes of the Parks and Recreation Advisory Committee meeting of July 7, 2010, be received.

That the minutes of the Cultural Advisory Committee meeting of July 14, 2010, be received.

That the minutes of the Transit Advisory Committee meeting of July 14, 2010, be received. ADJOURNMENT The Chair adjourned the meeting at 7:30 p.m. FOURTEENTH Meeting - Regular Session The Administrative Services Committee met in regular session this 23 rd day of August, 2010 in Council Chamber of the Oakville Municipal Building, 1225 Trafalgar Road, Oakville, commencing at 7:04 p.m. Present: Chairperson - Councillor Roger Lapworth Councillors - Keith Bird - Alan Johnston - Max Khan - Fred Oliver Staff - R. Green, Chief Administrative Officer - J. Clohecy, Commissioner, Planning and Development - D. Bloomer, Commissioner, Infrastructure and Transportation Services - L. Horlor, Acting Commissioner, Corporate Services - C. Best, Town Clerk - J. Huctwith, Assistant Town Solicitor - P. Bouillon, Assistant Clerk - N. Sully, Deputy Treasurer, Director, Financial Planning - J. Courtemanche, Director of Strategy, Policy, and Communications - C. Mark, Director of Parks and Open Space - R. Vemulapalli, Acting By-law Enforcement Officer - J. Maddox, Acting Lottery Licensing Officer - N. Fiorentino, Committee Coordinator Regrets: Councillor - Jeff Knoll Also Present: Councillor - Tom Adams Declarations of Pecuniary Interest No declarations of pecuniary interest were declared. AGENDA ITEM(S) 1. Application to Conduct Lottery Events - St. Thomas Aquinas Catholic Secondary School - Report from Clerk's Department, July 5, 2010 Moved by Councillor Bird That the request from St. Thomas Aquinas

That the recommended apportionment of taxes attached as Appendix A to the report of the Finance Department dated July 22, 2010, be approved.

That the Public Notice Requirement policy (G-GEN-008) be renamed the Public Notice and Engagement policy (G-GEN-008) and be approved as amended, and the related procedures be received: Public Engagement Guidelines (G-GEN-008-001) Communications (G-GEN-008-002) Translation and Interpretation (G-GEN-008-003) Corporate Gifts (G-GEN-008-004)

That By-law 2010-136, a by-law to amend By-law 2005-026 (Taxicab By-law), be approved.

That the June 22, 2010 report from the Finance Department addressing the requirements of Municipal Act, 2001, O. Reg. 284/09 for the budget year 2010 be received.

That appointments to fill the current vacancies on the Accessibility Advisory Committee, Oakville Harbours Advisory Committee, Heritage Oakville Advisory Committee, Parks and Recreation Advisory Committee and the Traffic Advisory Committee be withheld pending the appointment process to be undertaken by the incoming council. 2. That the citizen appointments to advisory committees and boards that are to expire in 2010 be extended “until their successors are appointed and not later than March 31, 2011” and that the term of all future citizen appointments include a proviso to enable the continuation of a term of appointment for no greater than 3 months into the year following an election year. 3. That the Terms of Reference for the Property Standards Committee be amended to increase the composition of the Committee to 5, consisting of 3 members and 2 alternate appointees to fill in should vacancies arise or one of the three appointees be unable to attend a meeting. 4. That the communication from the Oakville & District (renamed Milton & Oakville) Humane Society Board of Directors advising that it will no longer be seeking a council representative appointment to its Board of Directors be received and Councillor Lapworth’s resignation from the Board as the council representative be confirmed.

That the June 21, 2010 report from the Commissioner of Corporate Services regarding Insurance for Events at Town Facilities be received.

That the report dated July 22, 2010, from the departments of Roads and Works Operations and Parks and Open Space, be received. 2. That the 2011 capital project identified as “Central Operations Land Expansion/Improvements” in the capital forecast be pre-approved as committed funding to allow the purchase of the land as outlined in the July 22, 2010 report to proceed prior to the approval of the remainder of the 2011 capital budget.

That Item 5(b) – Accessible Parking in Front of Town Hall, from the minutes of the Accessibility Advisory Committee meeting of June 10, 2010, be approved as revised, and the remainder of the minutes received: 5b) Whereas the Accessibility Advisory Committee is concerned with the travel distance from the Town of Oakville Municipal Building parking lot to the main entrance and the visual barriers, as the Town of Oakville 2008 Guidelines for the Design of Accessible Facilities provides for the following: a) all entrances used by staff and/or the public shall be accessible and comply with Section 4.1.5 regarding Entrances; b) the number of designated parking spaces shall be located on the shortest possible circulation route, with minimal traffic flow crossing, to an accessible facility entrance; and c) in facilities with multiple accessible entrances with adjacent parking, designated parking spaces shall be dispersed and located closest to the accessible entrances. Therefore, the Accessibility Advisory Committee recommends to Council that staff be requested to review the new procedure regarding security for the Town of Oakville Municipal Building front entrance and the requirement that the doors be locked after hours to the South Atrium, having regard to the many meetings and social events that occur after hours.

That the minutes of the Accessibility Advisory Committee meeting of July 8, 2010, be received.

That this Committee resolve into a closed meeting session for the purpose of dealing with a matter pertaining to litigation or potential litigation, and the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose, with respect to item 8.

That the meeting proceed past the hour of 10:00 p.m., but no later than 10:30 p.m.

That the report from the Legal Department dated July 23, 2010, be received. 2. That the request of Halton Condominium Corporation No. 470 for permission to locate services in an easement across Town parkland be refused at this time. 3. That staff provide a proposed Council resolution, for the Council meeting of August 30, 2010, which would allow testing along the proposed easement without committing Council to a future easement. 4. That should the residents provide additional information from a professional engineer, Council will at the time of receipt of the new information further consider the matter.

That the report dated July 23, 2010, from the Legal Department be

That staff be authorized to enter into negotiations with the owner of Block 22, and Lot 13, Plan 20M-349, and to acquire these parcels of land. 2. That funding be authorized for the acquisition of these lands from the Capital Reserve. 3. That the Mayor and Clerk be authorized to execute all requisite documentation in a form satisfactory to the Town Solicitor with respect to this acquisition.

That $54,375 of the Oakville Galleries’ outstanding debt owing to the Town of Oakville be forgiven in accordance with the Commissioner of Corporate Services July 20, 2010 staff report.

That this meeting now adjourn.