The Oakville Record

Council

December 19, 2011

Declared interests

Councillor Knollwith respect to By‑law 2011-152 - A By‑law to Amend By-law 2010-185 being a By-law to Make Appointments to the Board of Management for the Kerr Village Business Improvement Area, Item 5 of the Administrative Services Committee meeting of December 13, 2011, as one of the named appointees to the Board of Management is an employee of a company of which he is a shareholder and CEO

What was decided (42 motions)

41 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.

That the minutes of the regular meetings of Council dated December 5, 2011 and December 12, 2011, and the confidential minutes of the closed session of Council dated December 5, 2011, be approved.
Moved by Councillor Johnston, seconded by Councillor Damoff
Carried
That the memorandum dated December 19, 2011, from Environmental Policy, regarding the 2011 Environmental Strategic Plan (ESP) Update, Item 4 of the Community Services Committee meeting of December 13, 2011, be received.
Moved by Councillor Duddeck, seconded by Councillor Damoff
Carried
That the memorandum dated December 19, 2011, from Environmental Policy, regarding Oakville's State of the Environment Report (SOER) 2011, Item 5 of the Community Services Committee meeting of December 13, 2011, be received.
Moved by Councillor Duddeck, seconded by Councillor Damoff
Carried
That the recommendations of the Community Services Committee meeting of December 13, 2011, be approved.
Moved by Councillor Gittings, seconded by Councillor Damoff
Carried
That the supplementary report dated December 14, 2011, from the Clerk’s Department, regarding Proposed Procedure By‑law Amendments, Item 11 of the Administrative Services Committee meeting of December 13, 2011, be received.
Moved by Councillor Bird, seconded by Councillor Johnston
Carried
That the recommendation of the Administrative Services Committee meeting of December 13, 2011, regarding Item 5 – A By-law to Amend By-law 2010-185 being a By-law to Make Appointments to the Board of Management for the Kerr Village Business Improvement Area, be approved.
Moved by Councillor Johnston, seconded by Councillor Damoff
Carried
That the remaining recommendations of the Administrative Services Committee meeting of December 13, 2011, be approved, subject to the separation of Item 11 – Proposed Procedure By-law Amendments. Moved by Councillor Adams Seconded by Councillor Robinson That the recommendation of the Administrative Services Committee meeting of December 13, 2011, regarding Item 11 – Proposed Procedure By-law Amendments, be amended to include the following: “and a further revision to Section 2.8 (1) to add the following words to the end of that section, ‘….with the exception of Section 2.6 b) precluding recorded votes’.”
Moved by Councillor Johnston, seconded by Councillor Damoff
Carried
That the recommendation of the Administrative Services Committee meeting of December 13, 2011, regarding Item 11 – Proposed Procedure By-law Amendments, be approved as amended.
Moved by Councillor Adams, seconded by Councillor Knoll
Carried
That, as a result of illness and until his recovery, Councillor Khan be authorized to absent himself from the meetings of Council.
Moved by Councillor Duddeck, seconded by Councillor Adams
Carried
That By-law 2011-154 be passed establishing technicians in Fire Services under the Ontario Municipal Employees Retirement System (OMERS) provisions as Normal Retirement Age (NRA) 65.
Moved by Councillor Johnston, seconded by Councillor Elgar
Carried
That the verbal presentation from the President and Chief Executive Officer of the Oakville Hydro Corporation, regarding the Oakville Hydro - Quarterly Report, be received.
Moved by Councillor Lapworth, seconded by Councillor Grant
Carried
That John Mitchell and Donald McCreesh be appointed as directors of the Oakville Hydro Corporation, replacing Atul Chandra and Ingrid Hann respectively; and 2. That the remainder of the recommendation contained in the confidential report dated December 12, 2011, from the Commissioner of Corporate Services, regarding the Oakville Hydro - Quarterly Update, being Clauses 2 and 3, be approved.
Moved by Councillor Duddeck, seconded by Councillor Knoll 1
Carried
That the report from the Legal Department dated December 7, 2011, be received.
Moved by Councillor Duddeck, seconded by Councillor Johnston
Carried
That Council resolve into a closed meeting session for the purpose of receiving advice that is subject to solicitor-client privilege, including communications necessary for that purpose, with respect to Item 4.
Moved by Councillor Duddeck, seconded by Councillor Grant
Carried
That this meeting proceed past the hour of 10:00 p.m., but no later than 10:30 p.m.
Moved by Councillor Johnston, seconded by Councillor Robinson
Carried
That Halton Region Police Services (HRPS) be advised of concerns regarding the Bell antenna co-location; 2. That staff be requested to work with HRPS to restrict commercial use on the towers and permit the continued use of the tower for Emergency Medical Services, police use and Town use; and 3. That Bell equipment not be energized at this time.
Moved by Councillor Robinson, seconded by Councillor Johnston 1
Lost
That the report of the Commissioner of Corporate Services, dated December 14, 2011, regarding the HRPS/Bell Antenna Co-Location Project for the P25 Life Safety Radio System, be received; 2. That the licence agreement between the town and HRPS be revised as may be required, to the satisfaction of the Town Solicitor, to accommodate the HRPS/Bell Antenna Co-Location project on the HRPS tower behind Fire Station 1 upon confirmation by the HRPS that the modifications to the tower will not preclude the town’s installation, maintenance and operation of its radio antennas on the tower; and 3. That the Mayor and Clerk be authorized to execute the amended licence agreement.
Moved by Councillor Knoll, seconded by Councillor Elgar 1
Carried
That the provisions of Section 3.6 (1) of the Procedure By-law be waived to permit the introduction of new business having to do with labour relations or employee negotiations, to be considered as item C-3.
Moved by Councillor Lapworth, seconded by Councillor Elgar
Carried
That the Council direction of December 5, 2011, regarding Item C-2 - Labour Relations, be reconsidered. Moved by Councillor Elgar Seconded by Councillor Lapworth That the provisions of Section 6.1(2) of the Procedure By-law be waived to permit discussion and debate of the Notice of Motion moved by Councillor Elgar, seconded by Councillor Knoll, to reconsider the Council direction of December 5, 2011, regarding Item C-2 – Labour Relations.
Moved by Councillor Elgar, seconded by Councillor Knoll
Carried
That Council resolve into a closed meeting session for the purpose dealing with a matter pertaining to labour relations or employee negotiations with respect to Item C-3.
Moved by Councillor Duddeck, seconded by Councillor Damoff
Carried
That Council ratify an agreement in principle, reached with the OPFFA; and 2. That the Mayor and Clerk be authorized to execute a Memorandum of Settlement based on the principles for the period of January 1, 2012 until December 31, 2015.
Moved by Councillor Duddeck, seconded by Councillor Knoll 1
Carried
That the following by-law(s) be passed: 2011-100 A by-law to amend By-law 2008-098, being a by-law to prohibit and regulate noise within the Town of Oakville. (Re: ASC Item 7) 2011-108 A by-law to amend By-law 2008-169, a by-law to establish retention periods for records of the Town of Oakville and to repeal By-law 2010-155 (Re: ASC Item 12) 2011-140 A by-law to provide for an interim tax levy in 2012. (Re: ASC Item 1) 2011-143 A by-law to amend By-law 1984-1 (The Traffic By-law). (Re: CSC Item 2) 2011-144 A by-law to establish rules governing the calling, place, proceedings and provision of public notice of meetings of Council and Committees of Council of The Corporation of the Town of Oakville and to repeal By-law 2009-114, as revised. (Re: ASC Item 11) 2011-148 A by-law to amend by-law 1990-24, a by-law to appoint Municipal Law Enforcement Officers. 2011-152 A by-law to amend By-law 2010-185, being a by-law to make appointments to the Board of Management for the Kerr Village Business Improvement Area . (Re: ASC Item 5) 2011-153 A by-law to appoint a Director, Emergency Planning and Fire Services (Fire Chief), for the Town of Oakville and to repeal By-law 2011-077. 2011-154 A by-law to amend By-law 1962-191, as amended, in respect of the Ontario Municipal Employees Retirement System for Fire Technicians . 2011-155 A by-law to confirm the proceedings of a meeting of Council.
Moved by Councillor Damoff, seconded by Councillor Johnston
Carried
That the request by the property owner to enter into an encroachment agreement for the property at 160 Burnet Street with the Town of Oakville to the satisfaction of the Town’s Solicitor, as detailed in the report from the Department of Engineering and Construction, dated November 16, 2011, be approved; and 2. That the Mayor and Clerk be authorized to execute an encroachment agreement with the owner of 160 Burnet Street.
Moved by Councillor Duddeck 1
Carried
That By-law 2011-143, a by-law to amend By-law 1984-1 (The Traffic By-law), as detailed in the report from the Engineering and Construction Department, dated November 16, 2011, be approved.
Moved by Councillor Duddeck
Carried
That staff be requested to: 1. perform all-way stop sign warrants on Great Lakes Boulevard at Milkweed Way, Timeless Drive and Raspberry Bush Trail to facilitate an appropriate location for pedestrians to cross Great Lakes Boulevard to the Creek Path Woods Park; 2. study and report on other measures to modify the operation of Great Lakes Boulevard to better balance traffic flow with the needs of residents as pedestrians and cyclists accessing neighbourhood parks; and 3. report on other similar issues or conditions known to exist in other areas of Oakville.
Moved by Mayor Burton
Carried
That the 2011 Environmental Strategic Plan (ESP) Update report from the Environmental Policy department, dated November 24, 2011, be received; 2. That the draft updated Environmental Strategic Plan (ESP) shown in Appendix A of the report dated November 24, 2011, from Environmental Policy department, be endorsed; 3. That the Vision, Guiding Principles and Goals serve as the Environmental Strategic Plan policy statement for the town with the recommended action plans defining the implementation process; and 4. That the 2011 Environmental Strategic Plan recommended actions be considered in the development of annual departmental work plans and budgets.
Moved by Councillor Duddeck 1
Carried
That the report from the Environmental Policy Department, dated November 24, 2011, regarding the Oakville State of the Environment Report (SOER) 2011, be received; 2. That the Oakville SOER 2011 be endorsed by Council and provided to the community; and 3. That prior to finalization the Director, Environmental Policy, be authorized to make minor edits to the Oakville SOER 2011 that do not substantially affect the substance of the report.
Moved by Councillor Duddeck 1
Carried
That the report entitled Natural Ice Rinks, from the Parks and Open Space department, dated November 3, 2011, be received.
Moved by Councillor Duddeck
Carried
That By-law 2011-140, a by-law to provide for an interim tax levy in 2012, be passed.
Moved by Councillor Adams
Carried
That the recommended apportionment of taxes in the amount of $1,343.54 attached as Appendix A to the report of the Finance Department dated November 8, 2011, be approved.
Moved by Councillor Adams
Carried
That the request from The Oakville Choral Society (OCS) to conduct charitable lottery events in the Town of Oakville be approved.
Moved by Councillor Adams
Carried
That the Master Service Agreement with Oakville Hydro Corporation attached as Appendix A to the November 15, 2011 report from the Legal Department be approved; and 2. That the Mayor and Clerk be authorized to execute the Master Service Agreement.
Moved by Councillor Adams 1
Carried
That the lease agreement between the Town of Oakville and the Dockside Chandlery and Marine Inc. (DCM) for accommodation at 2508 Lakeshore Road West be approved. 2. That the Mayor and Clerk be authorized to execute the lease agreement. 3. That the Town Solicitor be authorized to make minor modifications to the lease agreement which do not affect the substance of the agreement.
Moved by Councillor Adams 1
Carried
That the Purchase and Sale Agreement between the Town of Oakville and the Halton Catholic District School Board with respect to Block A, Plan 552, Town of Oakville, be approved. 2. That the Mayor and Clerk be authorized to execute the Purchase and Sale Agreement. 3. That the Town Solicitor be authorized to make minor modifications to the Purchase and Sale Agreement which do not affect the substance of the agreement.
Moved by Councillor Adams 1
Carried
That the acquisition of the property at 546 Trafalgar Road to an upset limit as identified in the November 24, 2011 confidential report from the Legal department, be approved; and 2. That the Mayor and Clerk be authorized to execute all requisite documentation in connection with the acquisition of the subject property.
Moved by Councillor Adams 1
Carried
That By-law 2011-152 - a by-law to amend By-law 2010-185, being a by-law to make appointments to the board of management for the Kerr Village Business Improvement Area, be passed.
Moved by Councillor Adams
Carried
That By-law 2011-100, a by-law to amend Noise By-law 2008-098, be approved as revised by replacing the word ‘fast’ with the word ‘slow’ in section 2-2.1 (a), (b), and (c),
Moved by Councillor Johnston
Carried
That the staff report on truck air emissions pollution and noise, dated November 15, 2011, be received; 2. That the Halton Region Police Service be requested to increase enforcement of Sections 75(1) and (4) of the Highway Traffic Act ; and 3. That Environment Canada and the Ministry of the Environment be advised that the Town of Oakville supports their initiatives to reduce emissions and encourages both levels of government to continue to improve the regulations of vehicle emissions.
Moved by Councillor Adams 1
Carried
That the report dated October 20, 2011 from the Clerk’s department regarding Noise Exemption Permits be received.
Moved by Councillor Adams
Carried
That the Progress Report and Financial Results as at September 30th, 2011 be received; 2. That the transfers to and from Reserves and Reserve Funds and transactions contained in the November 10, 2011 report from the Finance Department be approved; 3. That the Treasurer be authorized to fund and close the capital projects as identified in the report; and 4. That a funding transfer from the Election reserve be approved to offset the expenditures incurred in 2011 as a result of the Ward Boundary review.
Moved by Councillor Adams 1
Carried
That By-law 2011-144, the Town of Oakville Procedure By-law, which replaces and repeals the former Procedure By-law 2009-114, be passed to include the following revision to section 3.4 (8); “…for a maximum of ten minutes per item , excluding replies to questions from the Members”.
Moved by Councillor Knoll
Carried
That By-law 2011-108, a by-law to amend By-law 2008-169, a by-law to establish retention periods for records of the Town of Oakville and to repeal By-law 2010-155, be passed.
Moved by Councillor Knoll
Carried

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