The Oakville Record

Council

May 29, 2023

Who was there

Present (15): Tom Adams, Rob Burton, Ray Chisholm, Cathy Duddeck, Allan Elgar, Dave Gittings, Marc Grant, Janet Haslett-Theall, Jeff Knoll, Natalia Lishchyna, Peter Longo, Jonathan McNeice, Nav Nanda, Sean O'Meara, Scott Xie

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (32 motions)

32 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

That the minutes of the regular session of Council dated April 24, 2023 be approved. That the minutes of the special sessions of Council dated April 27, 2023 and May 17, 2023 and the confidential minutes of the special session of Council dated April 27, 2023, be approved. That the minutes of the planning and development session of Council dated May 15, 2023 be approved. That the minutes of the special sessions of planning and development Council dated May 19, 2023 and May 23, 2023 be approved.
Moved by Councillor McNeice, seconded by Councillor Xie
Carried
That this meeting proceed into a Committee of the Whole session.
Moved by Councillor Grant, seconded by Councillor Gittings
Carried
That the presentation from Rob Lister, President and CEO of Oakville Enterprises Corporation (OEC) regarding the annual business and quarterly update be received. That the resolutions as submitted by the Board Chair of Oakville Enterprises Corporation in the correspondence to the Mayor and Members of Council dated May 11, 2023, with regard to the following matters be approved; The appointment of auditors of the Oakville Enterprises Corporation; and; The acceptance of the consolidated audited financial statements of Oakville Enterprises Corporation for the year ended December 31, 2022, attached as Appendix A The compensation for Directors of Oakville Enterprises Corporation and its affiliates be approved as Appendix B. That the Mayor as shareholder representative pursuant to the Shareholder Declaration, be authorized to sign the resolutions for and on behalf of the Town in its capacity as the sole shareholder.
Moved by Councillor Haslett-Theall
Carried
That the confidential correspondence from the Oakville Enterprises Corporation (OEC) board or Director’s chair, outlining the recommended appointment of individuals for the OEC Board attached as Confidential Appendix A, and the confidential memo dated May 29, 2023 from Nancy Sully, Commissioner of Corporate Services be approved. as follows: Names of Directors Name of Chair Mayor Robert Burton David Brennan Jane Clohecy Lucia Casacia Patrick Crowley Jane Allen Helen Palmer Sheryl Watson Michele Harradence Ian Cockwell Harold Holloway That the Mayor as shareholder representative pursuant to the Unanimous Shareholder Declaration, be authorized to attend a shareholders meeting and/or to sign the resolutions for and on behalf of the Town in its capacity as shareholders of OEC.
Moved by Councillor Haslett-Theall
Carried
That By-law 2023-060, a by-law to dedicate certain land as part of a public highway (Part of Lots 13 and 14, Plan 198, and part of Old Lakeshore Road closed by By-law 1960-16 – West Street), as attached as Appendix A to this report, be passed.
Moved by Councillor O'Meara
Carried
That staff be authorized to transfer Part 1 on 20R-22404 to the owner of 321 Morden Road at fair market value to the satisfaction of the CAO and Town Solicitor.
Moved by Councillor O'Meara
Carried
That staff be authorized to transfer the surplus road allowance shown on the sketch attached to this report as Appendix A to the owner of 2487 Old Bronte Road at fair market value, conditional on site plan approval, to the satisfaction of the CAO and Town Solicitor.
Moved by Councillor O'Meara
Carried
That staff be authorized to transfer a servicing easement over Block 80 on Plan M257 to the owner of 3171 Lakeshore Road West at fair market value to the satisfaction of the CAO and Town Solicitor. That staff be authorized to include underground services as a permitted use under the previously approved access easement that will be transferred to the owner of 3171 Lakeshore Road West over Part 1 on the draft plan attached as Appendix “B” to this report.
Moved by Councillor O'Meara
Carried
That the 2023 capital budget be amended to add $3.92 million to project 54412104 Electric Replacement Buses and that $4.48 million be added to project 54412206 Electric Replacement Buses to cover the increased cost for the purchase of 15 electric conventional buses with $6.50 million funded from the Transit equipment reserve and $1.90 million from the Capital Reserve.
Moved by Councillor O'Meara
Carried
That the information in the staff report dated May 16, 2023, entitled 2022 Development Ch arges, Cash in Lieu of Parkland, Bonus Zoning and Community Benefit s Charge Reserve Fund Statements from the Finance department, be received.
Moved by Councillor O'Meara
Carried
That the proposed new Site Alteration By-Law, By-law 2023-047 attached as Appendix A to the report from the Transportation and Engineering department dated May 16, 2023, be approved and passed.
Moved by Councillor O'Meara
Carried
That the information in the 2022 Audit Findings Report issued by KPMG, the town’s external auditor, be received.
Moved by Councillor Knoll
Carried
That the 2022 Town of Oakville Consolidated Financial Statements and the 2022 Town of Oakville Trust Fund Financial Statements be approved.
Moved by Councillor Knoll
Carried
That the information in the staff report from the Economic Development department titled 2022 Economic Development Annual Report, dated May 16, 2023 be received.
Moved by Councillor Adams
Carried
That the policy for dispositions of real property from the Town to the Oakville Municipal Development Corporation attached to this report as Appendix “A” be approved and adopted. That staff be authorized to transfer the former public works site at 2274 Trafalgar Road to the Oakville Municipal Development Corporation on the principles set out in this report entitled “Former Public Works Site Transfer to Oakville Municipal Development Corporation – May 29, 2023”, and the Town Solicitor be authorized to execute all documentation required to effect such transaction.
Moved by Councillor Knoll
Carried
That the resolutions submitted by the Board Chair of Oakville Municipal Development Corporation in the correspondence to the Mayor and Members of Council dated May 2, 2023, attached as Appendix A, with regard to the following matters, be approved: The appointment of auditors of the Oakville Municipal Development Corporation; The compensation for the Directors of the Oakville Municipal Development Corporation, attached; The financial statements of Oakville Municipal Development Corporation for the year ended December 31, 2022, attached as Appendix B. That the Mayor as shareholder representative pursuant to the Shareholder Declaration, be authorized to sign the resolution for and on behalf of the Town in its capacity as the sole shareholder. That the information in the OakvilleMDC 2022 Annual Report and Business Plan Update attached as Appendix C, be received.
Moved by Councillor Haslett-Theall
Carried
That Council takes the following actions regarding the creation and operation of Halton Digital Access Services Corporation (“ HDASC ”) as described in this report entitled Halton Digital Access Strategy – Halton Digital Access Services Corporation Final Approval, May 16, 2023 Adopt the business case and receive the results of public consultation as described in this report; endorse the creation of a Municipal Services Corporation (“ MSC ”) to be known as “Halton Digital Access Services Corporation” to operate the businesses as described in this report; and approve the subscription of shares of HDASC by the Town; As required by subsection 7(1) of Ontario Regulation 599/06: Municipal Services Corporations as a condition of creating a MSC, adopt the Asset Transfer Policy as described in this report (and included as attachment 1); Authorize the CAO (or designate) to act as an incorporator of HDASC and the Town’s representative on the HDASC Board of Directors; Approve the Town entering into the following agreements described in this report: Unanimous Shareholders Agreement; HDASC Municipal Pole License Agreement; and Any related ancillary agreements the CAO deems are reasonably required for the creation or operation of HDASC, all in content satisfactory to the CAO, and in form satisfactory to the Director of Legal Services. Approve the Town, as a shareholder of HDASC, to authorize HDASC to enter into: Unanimous Shareholders Agreement; HDASC Municipal Pole License Agreements; Loan
Moved by Councillor Lishchyna
Carried
That the information in the Confidential Report dated May 23, 2023 from the Community Development Commission be received.
Moved by Councillor Lishchyna
Carried
That the Budget Standing Committee size and composition be amended to reflect a membership of all Council members, and that a Chair be elected annually. That revisions to the Procedure By-law reflecting this change be brought forward to a future Council meeting. That the Clerk consider the comments of Council in finalizing the draft procedure by-law for consideration by Council.
Moved by Councillor Chisholm
Carried
That staff report back with the finalized version of the Procedure By-law 2023-066 in June 2023.
Moved by Councillor Nanda
Carried
That this committee rise and report.
Moved by Councillor Longo
Carried
That the report and recommendations of the Committee of the Whole be approved.
Moved by Councillor Xie, seconded by Councillor Gittings
Carried
That in accordance with Section 2(2) of the Procedure By-law, Section 14.1(2) of the Procedure By-law be waived to permit consideration of the Notice of Motion regarding Item 15.1 - Notice of Motion - Endorse OBCM Motion on Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement, upon its introduction this evening.
Moved by Councillor Duddeck, seconded by Councillor Haslett-Theall
Carried
WHEREAS all Ontarians deserve and expect a safe and respectful workplace; WHEREAS municipal governments, as the democratic institutions most directly engaged with Ontarians need respectful discourse; WHEREAS several incidents in recent years of disrespectful behaviour and workplace harassment have occurred amongst members of municipal councils; WHEREAS these incidents seriously and negatively affect the people involved and lower public perceptions of local governments; WHEREAS municipal Codes of Conduct are helpful tools to set expectations of council member behaviour; WHEREAS municipal governments do not have the necessary tools to adequately enforce compliance with municipal Codes of Conduct; WHEREAS Ontario’s Big City Mayors (OBCM) support the efforts of MPP Stephen Blais who has introduced the Private Members Bill 5, Stopping Harassment and Abuse by Local Leaders Act, 2022 which has been endorsed by a number of OBCM member councils; WHEREAS a fundamental, underlying principle of broadening diversity, equity and inclusion in politics rests on the assumption that the workplace is safe; WHEREAS we believe that municipal elected officials should be held to account in this way, we also believe that federal and provincial elected officials should take similar actions to hold themselves to account. THEREFORE BE IT RESOLVED THAT the Town of Oakville endorses: The OBCM support of the call of the Association of Municipalities of Ontario for the Government of Ontario to introduce le
Moved by Councillor Haslett-Theall, seconded by Councillor Duddeck
Carried Unanimously
That staff report in the fall of 2023 on lessons learned from the experiences of Brampton, Caledon and any other municipality that has adopted a firework use and/or sale prohibition. In addition, and in consultation with the Legal Department, provide options to reduce the use of personal fireworks in the community.
Moved by Councillor Adams, seconded by Councillor Nanda
Carried
That the by-laws noted above be passed.
Moved by Councillor McNeice, seconded by Councillor Longo
Carried
1. That the presentation from Rob Lister, President and CEO of Oakville Enterprises Corporation (OEC) regarding the annual business and quarterly update be received. 2. That the resolutions as submitted by the Board Chair of Oakville Enterprises Corporation in the correspondence to the Mayor and Members of Council dated May 11, 2023, with regard to the following matters be approved; a. The appointment of auditors of the Oakville Enterprises Corporation; and; b. The acceptance of the consolidated audited financial statements of Oakville Enterprises Corporation for the year ended December 31, 2022, attached as Appendix A Council Minutes - May 29, 2023 c. The compensation for Directors of Oakville Enterprises Corporation and its affiliates be approved as Appendix B. 3. That the Mayor as shareholder representative pursuant to the Shareholder Declaration, be authorized to sign the resolutions for and on behalf of the Town in its capacity as the sole shareholder.
Moved by Councillor Haslett-Theall
Carried
1. That the confidential correspondence from the Oakville Enterprises Corporation (OEC) board or Director’s chair, outlining the recommended appointment of individuals for the OEC Board attached as Confidential Appendix A, and the confidential memo dated May 29, 2023 from Nancy Sully, Commissioner of Corporate Services be approved. as follows: Names of Directors Name of Chair Mayor Robert Burton David Brennan Jane Clohecy Lucia Casacia Patrick Crowley Jane Allen Helen Palmer Sheryl Watson Michele Harradence Ian Cockwell Harold Holloway Council Minutes - May 29, 2023 2. That the Mayor as shareholder representative pursuant to the Unanimous Shareholder Declaration, be authorized to attend a shareholders meeting and/or to sign the resolutions for and on behalf of the Town in its capacity as shareholders of OEC.
Moved by Councillor Haslett-Theall
Carried
1. That the resolutions submitted by the Board Chair of Oakville Municipal Development Corporation in the correspondence to the Mayor and Members of Council dated May 2, 2023, attached as Appendix A, with regard to the following matters, be approved: a. The appointment of auditors of the Oakville Municipal Development Corporation; b. The compensation for the Directors of the Oakville Municipal Development Corporation, attached; c. The financial statements of Oakville Municipal Development Corporation for the year ended December 31, 2022, attached as Appendix B. 2. That the Mayor as shareholder representative pursuant to the Shareholder Declaration, be authorized to sign the resolution for and on behalf of the Town in its capacity as the sole shareholder. 3. That the information in the OakvilleMDC 2022 Annual Report and Business Plan Update attached as Appendix C, be received. Council Minutes - May 29, 2023
Moved by Councillor Haslett-Theall
Carried
1. That Council takes the following actions regarding the creation and operation of Halton Digital Access Services Corporation (“HDASC”) as described in this report entitled Halton Digital Access Strategy – Halton Digital Access Services Corporation Final Approval, May 16, 2023 a. Adopt the business case and receive the results of public consultation as described in this report; endorse the creation of a Municipal Services Corporation (“MSC”) to be known as “Halton Digital Access Services Corporation” to operate the businesses as described in this report; and approve the subscription of shares of HDASC by the Town; b. As required by subsection 7(1) of Ontario Regulation 599/06: Municipal Services Corporations as a condition of creating a MSC, adopt the Asset Transfer Policy as described in this report (and included as attachment 1); c. Authorize the CAO (or designate) to act as an incorporator of HDASC and the Town’s representative on the HDASC Board of Directors; d. Approve the Town entering into the following agreements described in this report: i. Unanimous Shareholders Agreement; ii. HDASC Municipal Pole License Agreement; and iii. Any related ancillary agreements the CAO deems are reasonably required for the creation or operation of HDASC, all in content satisfactory to the CAO, and in form satisfactory to the Director of Legal Services. e. Approve the Town, as a shareholder of HDASC, to authorize HDASC to enter into: i. Unanimous Shareholders Agreement; Council Minutes
Moved by Councillor Lishchyna
Carried
1. That the Budget Standing Committee size and composition be amended to reflect a membership of all Council members, and that a Chair be elected annually. 2. That revisions to the Procedure By-law reflecting this change be brought forward to a future Council meeting. Council Minutes - May 29, 2023 3. That the Clerk consider the comments of Council in finalizing the draft procedure by-law for consideration by Council.
Moved by Councillor Chisholm
Carried
1. That the minutes of the regular session of Council dated April 24, 2023 be approved. 2. That the minutes of the special sessions of Council dated April 27, 2023 and May 17, 2023 and the confidential minutes of the special session of Council dated April 27, 2023, be approved. 3. That the minutes of the planning and development session of Council dated May 15, 2023 be approved. Council Minutes - May 29, 2023 4. That the minutes of the special sessions of planning and development Council dated May 19, 2023 and May 23, 2023 be approved.
Moved by Councillor McNeice, seconded by Councillor Xie
Carried

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