Council

That the minutes of the regular meetings of Council dated March 26, 2012 and April 10, 2012, and the minutes of the closed session of Council dated April 10, 2012, be approved.

That Council resolve into a closed meeting session for the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose, with respect to the Charitable Gaming Centre Municipality Agreement/e-Bingo, Item 2 of the Administrative Services Committee meeting of April 11, 2012.

That the recommendations of the Administrative Services Committee meeting of April 11, 2012, be approved, subject to the separation of Item 2 – Charitable Gaming Centre Municipality Agreement/e-Bingo.

That the recommendation of the Administrative Services Committee meeting of April 11, 2012, regarding Item 2 – Charitable Gaming Centre Municipality Agreement/e-Bingo, be approved as follows: 1. That the February 29, 2012 report from the Clerk’s Department and the information provided at the meeting of the Administrative Services Committee, be received; and 2. That the Mayor and Clerk be authorized to sign an agreement with the Ontario Lottery and Gaming Corporation (OLG) and other appropriate parties subject to incorporation of changes to: a. protect the Town’s requirement of product control; b. appropriate changes to the exit clauses; c. costs recovery; and d. appropriate reciprocity. The Mayor called for the vote on Clauses 1 and 2(a) of the foregoing motion, moved by Councillor Johnston, seconded by Councillor Knoll.

That the recommendations of the Community Services Committee meeting of April 11, 2012, be approved subject to the separation Item 2 – 2012 Emerald Ash Borer Update Report.

That the recommendation of the Community Services Committee meeting of April 11, 2012, regarding Item 2 – 2012 Emerald Ash Borer Update Report, be approved.

That the March 23, 2012 report from the Commissioner of Corporate Services regarding Oakville Hydro be received.

That the request from Oakville Hydro Corporation to incorporate a subsidiary of Oakville Hydro Energy Services Inc. (OHESI), as contained in its letter dated April 2, 2012, to the Commissioner of Corporate Services, be approved.

That the April 16, 2012 presentation by Darnell Lambert, director, Development Engineering, be received.

WHEREAS, the Ontario Lottery and Gaming Corporation has publicly stated that it is seeking a site within the GTA for the location of a casino; WHEREAS, during the 1997 municipal election, 22,652 voters in the Town of Oakville voted against the establishment of a charity casino, while only 4,627 voters were in favour of such a casino; WHEREAS, the impact of casinos and gambling have long been considered to have negative effects on the quality of life and social well-being of communities; and WHEREAS, the introduction of slot machines and a casino would negatively impact on the Town of Oakville’s Vision to be the most livable town in Canada; THEREFORE BE IT RESOLVED, that the Ontario Lottery and Gaming Corporation be advised that the Town of Oakville would not be interested in entertaining any proposal to locate a casino or slot machines within its municipal boundaries.

WHEREAS, municipalities on the Great Lakes and St. Lawrence enjoy the benefits of an abundance of fresh water, numerous associated recreational opportunities, active harbours, water transportation systems, and world class fisheries; WHEREAS, the spread of Asian carp and other Aquatic Invasive Species (AIS) into the Great Lakes and St. Lawrence through the hydrologically-connected Chicago-area waterways, poses a significant environmental and economic threat by disrupting the healthy aquatic ecosystem causing irreversible damage; WHEREAS, the U.S. Army Corp of Engineers has identified 39 AIS with a high risk of entering the Great Lakes or Mississippi River basins via the Chicago-area waterways; WHEREAS, more than 250 non-native species are already established in one or both of these basins, and initiatives relating to the response to and control of invasive species in the Great Lakes region alone cost several hundred millions of dollars annually; WHEREAS, the Town of Oakville has long been a supporter of invasive species control actions including for protection of our urban forest against buckthorn, garlic mustard, Gypsy Moth and Emerald Ash Borer, extending to other invasive species including AIS under the Environmental Strategic Plan environmental stewardship education programs; WHEREAS, a division is necessary to prevent open flow of water and Asian carp and other AIS from transferring between the Mississippi River and Lake Michigan via the Chicago Area Waterway System into

WHEREAS, in 1970 the rate of provincial payments-in-lieu of taxes for universities was arbitrarily set at $25 per full time student; WHEREAS, in 1973 that was doubled to $50 per student and the payment was expanded to include hospitals and provincial correctional institutions; WHEREAS, in 1987 that rate was increased by 50% to $75 per student and bed; WHEREAS, that rate has remained constant since that time despite the fact that inflation would in 2012 require an almost doubling of the payment ($146); WHEREAS, at least sixty-five communities have called for an increase in payments, WHEREAS, heads of universities are supporting that call; WHEREAS, municipalities are the economic engine of Ontario; and the payments-in-lieu of taxes do not meet the actual costs of municipalities to provide the necessary services for the various institutions, thus placing an unfair tax burden on their property taxpayers, thereby jeopardizing a municipality’s ability to meet infrastructure demands, and consequently weakening their ability to act as economic engines; WHEREAS, this issue has been raised, and considered by Oakville Town Council, on numerous occasions in the past; and WHEREAS, the Town of Oakville's position on the issue has previously been communicated to the Provincial Minister of Finance, local Members of Provincial Parliament, the Large Urban Mayors Caucus of Ontario (LUMCO) and the Association of Municipalities of Ontario (AMO); THEREFORE BE IT RESOLVED, that the Town of Oakville

WHEREAS, on December 31, 1998, the Government of Ontario transferred responsibility for property assessment from the Ministry of Finance to the Ontario Property Assessment Corporation, renamed in 2001 to the Municipal Property Assessment Corporation (MPAC); WHEREAS, MPAC is legislated to provide assessment services to its customers comprised of property owners, tenants, municipalities, and government and business stakeholders; WHEREAS, the legislated introduction of phased in assessment in 2009 has resulted in confusion for property owners and tenants; and WHEREAS, phased in assessment has also further complicated the assessment appeal process by delaying the municipalities’ ability to process tax adjustments in certain instances due to the requirement for additional documentation to be provided by MPAC; THEREFORE BE IT RESOLVED, that the Province of Ontario be requested to amend the Assessment Act to provide municipalities with options to better service municipal taxpayers.

That, in accordance with Section 1.2(2) of the Procedure By-law, the rules of procedure established in Section 6.1(2), be waived to permit consideration of the following Notices of Motion upon their introduction this evening.

That the North Oakville Urban Forest Strategic Management Plan,

WHEREAS, April 17, 2012 marks the 30th anniversary of the patriation of the Constitution of Canada, and the creation of the Canadian Charter of Rights and Freedoms (the “Charter”); WHEREAS, the Charter is founded on the rule of law and entrenches in the Constitution of Canada the rights and fundamental freedoms Canadians believe are necessary in a free and democratic society; WHEREAS, rights guaranteed by the Charter include democratic rights including the right to vote; mobility rights; legal rights including the right to life, liberty and security of the person; and equality rights; WHEREAS, fundamental freedoms guaranteed by the Charter include freedom of association, peaceful assembly, conscience and religion, and thought, belief, opinion and expression including freedom of the press and other media; WHEREAS, for 30 years the Charter has regulated interactions between the state and its citizens; WHEREAS, the Charter has been the driving force of positive change, progress and the affirmation of our society’s values; WHEREAS, the Charter has advanced the promotion and protection of human rights in Canada and abroad; and WHEREAS, the Charter has had a transformative impact not only on our laws, but on how we live our lives; THEREFORE BE IT RESOLVED, that the Town of Oakville recognize and celebrate the significance the Charter serves as a common thread in the fabric of Canada, and the importance of the Charter to our unique identity.

That in recognition of the increased use of tanning beds by youth and the negative impact from exposure to ultraviolet radiation (UVR), staff be requested to report back on the potential to regulate tanning salons by introducing an age restriction prohibiting youth from using these facilities in Oakville.

That the following by-law(s) be passed: 2012-014 A by-law to amend By-law 1999-159, a by-law to prescribe rules and regulations for Parks within the Town of Oakville. (Re: CSC Item 1) 2012-034 A by-law to amend By-law 2010-183 being a by-law to make appointments to the Board of Management for the Downtown Oakville Business Improvement Area. (Re: ASC Item 1) 2012-039 A by-law to confirm the proceedings of a meeting of Council.

That By-law 2012-014, being a by-law to amend By-law 1999-159 – a by-law to prescribe rules and regulations for Parks within the Town of Oakville be approved.

That the 2012 Emerald Ash Borer Update Report Plan as outlined in the report from the Parks and Open Space department, dated March 20, 2012, be received.

That the report on the Local Community Sustainability Plan dated March 28, 2012, be received; and 2. That the proposed Local Community Sustainability Plan development process be endorsed.

That By-law 2012-034, a by-law to amend By-law 2010-183, being a by-law to make appointments to the Board of Management for the Downtown Oakville Business Improvement Area, be passed.

That the new Flexible Work Arrangements Policy (HR-MNG-010), be approved and the following procedures be received: a. Compressed Work Week procedure (HR-MNG-010-001) b. Flex Time procedure (HR-MNG-010-002) c. Reduced Work Week procedure (HR-MNG-010-003) d. Telecommuting procedure (HR-MNG-010-004) e. Volunteer procedure (HR-RCT-004) 2. That the new Municipal Roads Policy (MS-ENC-002) be approved and the Street Naming procedure (MS-ENC-002-001) be received. 3. That the updated Information Technology General Use and Practices Policy (A-ISS-001), formerly known at the General Use of Information Technology Resources Policy, be approved and the following procedures be received: a. Information Technology General Use and Practices procedure (A-ISS-001-001), formerly known as the General Use of Information Technology Resources. b. Equipment & System Access Requests procedure (A-ISS-001-003), formerly known as Guidelines for Issuing & Use of Cellular & Wireless Devises. c. User Security Settings and System Configurations procedure (A-ISS-001-004). d. Communication Standards procedure (G-GEN-008-005), formerly known as the Telephone Voicemail Use & Guidelines (A-ISS-001-002). 4. That the updated On-Line Communication Policy (A-ISS-002) formerly known as the Web Site Linking Policy, be approved and the following procedures be received: a. Website Content procedure (A-ISS-002-001), formerly known as Web Site Linking b. Use of Social Media procedure (A-ISS-002-002) 5. That the updated Ceme

That the Internal Audit 2011 Annual Report, attached as Appendix A to the March 21, 2012 report of the Director of Internal Audit, be received.

That the 2011 Year End Financial Report and Surplus Disposition be received; 2. That the transfers to and from reserves and reserve funds and transactions contained in the 2011 Year End Financial Results and Surplus Disposition report from Finance dated February 27, 2011 be approved; 3. That the Treasurer be authorized to fund and close the capital projects as identified in the report; 4. That the operating budget surplus that exists, after all accounting transactions are completed, be distributed in the following order: a. $500,000 be identified as a contribution to the 2012 Operating Budget b. $400,000 be transferred to the Fire Equipment Reserve c. $150,000 be used to create a new School Board Reciprocal Agreement reserve d. Any additional surplus be transferred to the Tax Stabilization Reserve 5. That funding transfers required in 2012 to complete outstanding work be approved as follows: a. $82,500 for Streetlight relamping work to be completed by Hydro b. $50,000 for consulting work for special studies c. $25,000 for fencing at Palermo park d. $125,000 for Asphalt topcoat at West Oak Trails park 6. That the Community Infrastructure Development Reserve Fund be closed and future net proceeds from the sale of surplus land be transferred to the Capital Reserve. 7. That $458,215 be transferred from the accrued payroll liability to the Post Employment Reserve Fund.

That the minutes of the Accessibility Advisory Committee meeting of March 8, 2012, be received.

That the February 29, 2012 report from the Clerk’s Department and the information provided at this meeting of the Administrative Services Committee, be received; and 2. That the Mayor and Clerk be authorized to sign an agreement with the Ontario Lottery and Gaming Corporation (OLG) and other appropriate parties subject to incorporation of changes to: a. protect the Town’s requirement of product control; b. appropriate changes to the exit clauses; c. costs recovery; and d. appropriate reciprocity.

That a sub-committee of Council consisting of Mayor Burton and Councillors Bird, Johnston, and Knoll be struck to review the applications for appointment to the Heritage Oakville and Accessibility Advisory Committees; 2. That the sub-committee provide direction to staff to enable interviews to be scheduled as required to fill the citizen committee appointments; 3. That a majority of the membership of the sub-committee constitute quorum; and 4. That the initial report of the sub-committee be presented to the Administrative Services Committee for consideration.