Town of Oakville

Council Minutes

Meeting #:

Date:

Monday, February 26, 2024

Time:

6:30 P.m. - 10:30 P.m.

Location:

Virtual Meeting

Mayor and Council:

• Mayor Burton
• Councillor Adams
• Councillor Chisholm
• Councillor Duddeck
• Councillor Gittings
• Councillor Grant
• Councillor Haslett-Theall
• Councillor Knoll (As of 6:35 p.m.)
• Councillor Lishchyna
• Councillor Longo
• Councillor McNeice
• Councillor Nanda
• Councillor O'Meara
• Councillor Xie

Regrets:

• Councillor Elgar

Staff:

• J. Clohecy, Chief Administrative Officer
• C. Bell, Commissioner of Community Services
• N. Garbe, Commissioner of Community Development
• P. Fu, Commissioner of Community Infrastructure
• D. Carr, Town Solicitor
• V. Tytaneck, Town Clerk
• A. Holland, Manager of Council and Committee Services
• N. Coric, Council and Committee Coordinator

The Town of Oakville Council met in regular session this 26th day of February, 2024 virtually commencing at 6:30 p.m.

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1.

O Canada

2.

Regrets

As noted above.

3.

Declarations of Pecuniary Interest

Councillor Haslett- Theall declared a pecuniary interest with respect to confidential Item 11.1 - Judicial Review Application-Ontario Superior Court-Appeal Committee Decision-277 Lakeshore Road East -Three Fascia Signs-RAR Litigation as she provided preliminary information on a by-law to interested parties.

Councillor Knoll declared a pecuniary interest with respect to item 8.1 (3) - 2024 Budgets for Business Improvement Areas as he is director/shareholder and officer of a corporation that is situated within the Kerr Village BIA catchment area and as such could benefit from the outcome of the approval budget of the BIA.

4.

Confirmation of Minutes of the previous Council Meeting(s)

4.1

Minutes of the Regular Session of Planning and Development Session of Council, JANUARY 22, 2024

4.2

Confidential Minutes of the Closed Session of Planning and Development Council, JANUARY 22, 2024

4.4

Minutes of the Regular Session of Planning and Development Session of Council, FEBRUARY 5, 2024

• Moved by Councillor Duddeck
  Seconded by Councillor Longo
  1. That the minutes of the regular session of Planning and Development Council dated January 22, 2024 be approved.
  2. That the Confidential minutes of the Closed session of Planning and Development Council dated January 22, 2024 be approved.
  3. That the minutes of the regular session of Council dated January 29, 2024, be approved.
  4. That the minutes of the Regular session of Planning and Development dated February 5, 2024 be approved.
  CARRIED

5.

Public Presentation(s)

There were no public presentations.

6.

Standing Committee Report(s)

6.1

Minutes of the Committee of the Whole - Midtown Oakville Meeting, JANUARY 30, 2024 Reconvened JANUARY 31, 2024

6.2

Confidential Minutes of the Closed Session of Committee of the Whole - Midtown Oakville Meeting, JANUARY 30, 2024 Reconvened JANUARY 31, 2024

• Moved by Councillor Lishchyna
  Seconded by Councillor Xie
  1. That the minutes of the Midtown Oakville Meeting dated January 30 reconvened January 31, 2024 be approved. 
  2. That the Confidential minutes of the Closed session of Committee of the Whole - Midtown Oakville Meeting January 30, 2024 Reconvened January 31, 2024 be approved.
  CARRIED

7.

Committee of the Whole

• Moved by Councillor McNeice
  Seconded by Councillor Chisholm

  That this meeting proceed into a Committee of the Whole session.

  CARRIED

8.

Consent Item(s)

8.1

2024 Budgets for Business Improvement Areas

• Moved by Councillor Gittings
  1. That the 2024 Recommended Budget for the Downtown Oakville Business Improvement Area, requiring a levy of $1,230,450, as shown in Appendix A, be approved;

  2. That the 2024 Recommended Budget for the Bronte Village Business Improvement Area, requiring a levy of $380,364, as shown in Appendix B, be approved;
     
  3. That the 2024 Recommended Budget for the Kerr Village Business Improvement Area, requiring a levy of $444,198, as shown in Appendix C, be approved;
     
  4. That the relevant Board of Management approve any subsequent revision or reallocation of funds, within these budgets. The resolution shall be provided to the Treasurer, or designate of the town, who shall determine the significance of the change and advise if it requires Council approval.
     
  5. That the Boards of Management ensure that the procurement of supplies and services, within the approved budgets, meet the requirements of the town’s Purchasing By-law.

  CARRIED
• Councillor Knoll having declared a pecuniary interest did not vote.

8.2

Corporate Policy Update

The following delegate spoke on this item:

Hugh Doherty

• Moved by Councillor Gittings
  1. That the Occupational Health, Safety and Workplace Violence Policy and related updated Workplace Violence Procedure be approved.
  2. That the new Enforcement of Boulevard Parking in Residential Areas Procedure be received.

  CARRIED

9.

Confidential Consent Item(s)

There were no Confidential Consent Items listed for this agenda.

10.

Discussion Item(s)

10.1

OEC Quarterly Update – February 26, 2024

The following delegates spoke on this item:

Rob Lister and Mary Caputi, Oakville Enterprises Corporation (OEC)

• Moved by Councillor Lishchyna

  That the presentation from Rob Lister, President and CEO of Oakville Enterprises Corporation (OEC) regarding the quarterly update be received.

  CARRIED

11.

Confidential Discussion Item(s)

11.1

Judicial Review Application-Ontario Superior Court-Appeal Committee Decision-277 Lakeshore Road East -Three Fascia Signs-RAR Litigation

The following delegate spoke on this item:

Stacy Turner

• Moved by Councillor O'Meara

  CLOSED SESSION

  That Council resolve into a closed meeting session for the purpose of dealing with the security of the property of the municipality, a proposed or pending acquisition or disposition of land by the municipality, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality and advice that is subject to solicitor-client privilege, including communications necessary for that purpose, with respect to Item 11.1 - Judicial Review Application-Ontario Superior Court-Appeal Committee Decision-277 Lakeshore Road East -Three Fascia Signs-RAR Litigation and with respect to Item 11.2 - Potential Claim Re: Existing Contract
• RECESS

  The meeting recessed at 7:02 p.m. and reconvened in closed session at 7:05 p.m.
• Councillor Haslett-Theall left the meeting at 7:02 p.m. and returned to the closed meeting session after 11.1 - Judicial Review Application-Ontario Superior Court Appeal Committee Decision-277 Lakeshore Road East – Three Fascia Signs-RAR Litigation was considered.

   

  Council resolved back into open session at 8:12 p.m.
• Moved by Councillor Duddeck

  That staff be instructed to pursue option 3 outlined in the confidential report from the Legal department dated February 13, 2024. 

  For (10)	Councillor Adams, Mayor Burton, Councillor Chisholm, Councillor Duddeck, Councillor Grant, Councillor Knoll, Councillor Lishchyna, Councillor Longo, Councillor Nanda, and Councillor Xie
  Against (3)	Councillor Gittings, Councillor O'Meara, and Councillor McNeice
  Conflict (1)	Councillor Haslett-Theall
  Absent (1)	Councillor Elgar

  CARRIED (10 to 3)
• Councillor Haslett-Theall having declared a pecuniary interest on this item, did not vote.

11.2

Potential Claim Re: Existing Contract

• Moved by Councillor Duddeck

  That staff proceed with a public report outlining the revised scope of the project as outlined in the confidential report from Transportation and Engineering and Legal Departments.

  CARRIED

12.

Advisory Committee Minutes

There were no advisory committee minutes.

13.

Rise and Report to Council

• Moved by Councillor Chisholm

  That this committee rise and report.

  CARRIED
• The Mayor arose and reported that the Committee of the Whole has met and made recommendations on Consent Items 8.1 and 8.2, Discussion Item 10.1, and Confidential Discussion Items 11.1 and 11.2, as noted by the Clerk.
• Moved by Councillor Xie
  Seconded by Councillor Knoll

  That the report and recommendations of the Committee of the Whole be approved.

  CARRIED

14.

Information Items (Circulated Electronically)

14.1

Council Information for January 17, 2024 - February 14, 2024

14.2

INTERNAL MEMO - Economic Development RE: Seasonal Commercial Patio Program

14.3

INTERNAL MEMO - Clerk's Department RE: Municipal Clearance for Liquor Sales Licence

15.

Status of Outstanding Issues

16.

New Business

Councillor Xie expressed his appreciation to all the volunteers for their support with Lunar New Year's celebration at Town Hall.

Councillor O'Meara wished the best of luck to the Goggin-Stewart highland dancers from Oakville at the world Irish dance competition in Scotland.

Councillor Duddeck expressed her condolences to the family of Brendon Kane.

Councillor Chisholm congratulated staff on the patio program.

Councillor Knoll announced that Ribfest will be taking place June 21 - 23, 2024  at Sheridan College.

16.1    Notice of Motion: TOWARF Name Change

In accordance with Section 14.1(2) of the Procedure By-law, the following Notice of Motion will be considered at the next Council meeting to be held on March 25, 2024:

Moved By: Councillor Lishchyna

Seconded By: Councillor McNeice

 

WHEREAS the Township of Trafalgar, a predecessor to the Town of Oakville, created what is now Town of Oakville Water Air Rescue Force (TOWARF) in 1954;

AND WHEREAS the Executive Committee of TOWARF has decided to change its name to Oakville Marine Search & Rescue;

NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of Oakville approve the name change of TOWARF to Oakville Marine Search & Rescue.

17.

Regional Reports and Question Period Regarding Town Boards and Advisory Committees

18.

Requests for Reports

19.

Consideration and Reading of By-Laws

19.1

By-law 2024-001

A by-law to establish retention periods for records of the Town of Oakville and to repeal By-law 2021-130.

19.2

By-law 2024-038

A by-law to confirm the proceedings of a meeting of Council.

• Moved by Councillor Longo
  Seconded by Councillor Grant

  That the by-laws noted above be passed.

  CARRIED

20.

Delegated Authority By-laws

The following by-law was prepared under the authority of amending By-law 2023-021, as amended, a by-law to delegate certain powers and duties under the Municipal Act, S.O. 2001 c.25, the Planning Act, R.S.O. 1990 c. P.13, and other Acts:

20.1

By-law 2024-003

A by-law to amend Zoning By-law 2014-014, as amended, to permit a commercial parking area as a temporary use for a period of three years on lands described as 125 Randall Street, Town of Oakville File No.: Z.1614.82

20.2

By-law 2024-011

A by-law to remove the “H10” and “H15” Holding Symbols from Blocks 415 and 418 of Plan 20M-1186, File No. ZH14.23

20.3

By-law 2024-012

A by-law to remove Holding “H” Provisions on lands described as 3270 Sixth Line, Argo (West Morrison Creek) Ltd., File No.: ZH 20/23

20.4

By-law 2024-013

A by-law to remove a Holding “H” Provision on a portion of the lands described as Block 22, Plan 20M-1258 and Block 201, Plan 20M-1255, Martillac Estates Inc., File No.: ZH 18/23

21.

Adjournment

The Mayor adjourned the meeting at 8:25 p.m.