EIGHTEENTIH Meeting - Regular Session
The Town of Oakville Council met in regular session this 21st
day of August, 2017 in the Council Chamber of the Oakville Municipal
Building, 1225 Trafalgar Road, Oakville, commencing at 7:00 p.m.
Present: Mayor - Rob Burton
Councillors - Tom Adams
- Ray
Chisholm
- Cathy
Duddeck
- Allan
Elgar
- Dave
Gittings
- Marc
Grant
- Nick
Hutchins
- Jeff
Knoll
- Roger
Lapworth
- Natalia
Lishchyna
-
Ralph Robinson (Left at 8:25
p.m.)
- Sean
O'Meara
Staff - R. Green,
Chief Administrative Officer
-
J. Clohecy, Commissioner of Community
Development
-
J. Clarke, Acting Commissioner of Corporate
Services and Treasurer
- D. Carr,
Town Solicitor
- J. Courtemanche, Director
of Strategy Policy and
Communication
- M. Simeoni, Director of
Planning Services
- D. Childs, Manager of
Policy Planning and Heritage
- S.
Schappert, Heritage Planner
- K. Patrick, Acting Town
Clerk
- J. Warren, Council and Committee Coordinator
Also Present: - Rod Northey,
Gowling WLG LLP, External Council
- Jennifer
King, Gowling WLG LLP, External Council
Declarations of Pecuniary Interest
Councillor Lapworth declared a pecuniary interest with
respect to Item 4 –Notice of Intention to Designate - 1333
Dorval Drive (Glen Abbey Golf Club), as one of his income tax clients is an
employee of Glen Abbey Golf Course.
Moved by Councillor Chisholm Seconded
by Councillor O’Meara
1. That
the minutes of the regular session of Council, dated July
10, 2017 be approved.
2. That
the minutes of the Planning and Development session of Council, dated July 10, 2017, be approved.
CARRIED
In accordance with Section 3.2(1) of the
Procedure By-law, the items were considered out of order.
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Moved by Councillor Elgar Seconded
by Councillor Knoll
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1.
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That Application be made by The
Corporation of the Town of Oakville as expropriating authority to the
Council of The Corporation of the Town of Oakville as approving authority
for the approval to expropriate the lands identified in Appendix “A” (the
“Lands”) required for the widening and reconstruction of Speers Road
between Third Line and Fourth Line, all in accordance with the Expropriations
Act;
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2.
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That staff serve and publish notice of
the above Application in accordance with the terms of the Expropriations
Act and all required documentation be executed by the Manager of Realty
Services, Town Solicitor, CAO or any one of them;
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3.
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That staff forward to the Chief Inquiry
Officer any requests for a hearing that may be received;
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4.
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That staff continue to work with the
affected owners to negotiate amicable agreements of purchase and sale where
possible;
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5.
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That staff be given authority to enter
into amicable purchase agreements to acquire the Lands and the purchase
agreements and all documentation required to complete the acquisition be
executed in accordance with By‑law 2013-057;
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6.
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That the CAO be delegated authority to
approve the compensation for the amicable agreements based on market value
for these property interests, together with any other compensation for
which the owners may be entitled to under the Expropriations Act,
which shall not exceed $250,000 in total per property (excluding legal and
consulting costs), in accordance with the procedures set out in Appendix
“C”; and
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7.
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That By-law 2017-070, authorizing the
bringing of an application to expropriate the Lands, be passed.
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CARRIED
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Moved by Councillor Elgar Seconded
by Councillor Knoll
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That Oakville Council advise the
Ministry of Infrastructure that Council supports the request from
Infrastructure Ontario on behalf of the Province to exercise the Crown
Right severance exemption option as set out in Section 50(3)(c ) of the Planning
Act as it applies to certain lands described in the Planning staff
report dated August 3, 2017.
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CARRIED
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Moved by Councillor Elgar Seconded
by Councillor Knoll
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1.
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That the Legal report from August 14,
2017 entitled “Update – Redevelopment of the former Brantwood School Site”
be received;
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2.
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That staff proceed with applications
for an Official Plan Amendment, Zoning By-law Amendment and Draft Plan of
Subdivision or Severance for the redevelopment of the former Brantwood
School Site lands in accordance with the Brantwood Redevelopment Concept
Plan endorsed by Planning and Development Council at its meeting of April
8, 2013, as illustrated in Appendix “A” to the report from the Legal
Department dated August 14, 2017; and
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3.
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That, following the completion of the
applications noted in recommendation 2, staff proceed with the final step
of the Request for Proposal (Prop 7-2017) on terms outlined in the
confidential Appendix “B” to the report from the Legal Department dated
August 14, 2017.
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CARRIED
Moved by
Councillor Elgar Seconded by Councillor Knoll
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That this item be deferred to the
Planning & Development Council meeting of September 11, 2017 for
consideration.
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CARRIED
Moved by
Councillor Elgar Seconded by Councillor Knoll
That the
recommendation contained in the confidential report dated August 14, 2017, from
the Legal department, pertaining to a proposed or pending acquisition of land
by the municipality, be approved.
CARRIED
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Moved by Councillor Elgar Seconded
by Councillor Knoll
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That the minutes of the Livable Oakville
(Official Plan Review) Council Sub‑committee meeting of July 10, 2017,
be received.
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CARRIED
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Moved by Councillor Elgar Seconded
by Councillor Knoll
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That the minutes of the Cemetery
Stakeholders Advisory Committee meeting of June 5, 2017, be received.
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CARRIED
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Moved by Councillor Elgar Seconded
by Councillor Knoll
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That the following recommendations
pertaining to Items 6a, b, and c of the Heritage Oakville Advisory Committee
minutes from its meeting on August 15, 2017, be approved and the remainder of
the minutes be received:
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1.
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That Heritage Permit Application
HP036/17-42.20D for the construction of a new carport at 69 Dunn Street, as
attached in Appendix B to the report dated July 26, 2017 from Planning
Services, be approved; and
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2.
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That this heritage permit expire two
years from the date of final approval by Council.
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1.
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That, further to the conditional
approval of Heritage Permit Application HP002/17-42.20R on March 20, 2017,
the proposed new four storey building as attached in Appendix B to the
report dated August 1, 2017 from Planning Services, be approved subject to
final details on the windows and siding being submitted to Heritage
Planning staff for approval; and
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a.
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That the property owner enter into a
heritage easement agreement with the Town prior to the relocation of the
house in order to ensure the protection of the heritage building;
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b.
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That a Restoration and Relocation Plan
for the heritage building be approved by Heritage Planning staff and included
in the heritage easement agreement; and
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c.
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That the Town Solicitor be authorized
to discharge the heritage easement agreement from title, at the expense of
the owner, once the requirements in the agreement have been satisfied to
the satisfaction of the Manager of Policy Planning and Heritage;
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2.
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That this heritage permit expire three
years from the date of final approval by Council; and
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3.
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That a Notice of Intention to Amend
heritage designation By-law 1994-104 be issued to correct the legal
description and update the heritage attributes, following the successful
relocation of the heritage building to its new site.
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1.
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That heritage permit application
HP034/17-42.20L for an addition to the house at 549 Lakeshore Road West be
approved subject to the following conditions:
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a.
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That the proposed fenced enclosure be
redesigned so as not to screen the front façade of the house; and
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b.
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That alternative fencing material
options, which would better preserve the visibility of the building’s
façades, be submitted to heritage staff along with the redesigned fence for
their review and approval; and
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2.
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That this heritage permit expire two
years from the date of final approval by Council.
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Peter
Longo, re: in support of heritage designation for Glen Abbey Golf Club and
preserving the cultural and natural heritage of the Glen Abbey Golf Course and
the Town of Oakville, and filed a submission.
- Steve
Gibbins, re: in support of heritage designation for Glen Abbey Golf Club,
believes golf course is integral to the identity of Oakville, enjoys admiring
the valley with his children, and filed a submission.
- Renato
Discenza, re: in support of heritage designation for Glen Abbey Golf Club, staff
have completed extensive public consultation, believes that it’s important to
designate this site based on the strongest evidence and the most transparent
process. Designate this property for tomorrow so Oakville can continue to share
a strong part of the heritage and culture of Oakville.
- Karen
Brock, on behalf of Oakvillegreen Conservation Association, re: in support of
heritage designation for Glen Abbey Golf Club as it recognizes the importance
of property to a local community, protects cultural heritage value, encourages
good stewardship and conservation, and designation promotes knowledge and
understanding of the property and filed a submission.
- Shelli
Fisico, on behalf of the Save Glen Abbey Coalition, re: in support of heritage
designation for Glen Abbey Golf Club, protect Glen Abbey as a national treasure,
make a decision based on the Livable Oakville Official Plan and keep Glen Abbey
designated in order to leave a historical and cultural legacy for future
generations.
- Paul
Ryce, re: in support of heritage designation for Glen Abbey Golf Club and applauds
Council and staff for work that has been done over the past four years.
Suggested that the consultant’s recommendations should be followed and that
Glen Abbey is one of the most famous golf courses in the world and filed a
submission.
- Fraser
Damoff, on behalf of the Save Glen Abbey Coalition, re: in support of heritage
designation for Glen Abbey Golf Club. Advised Council that there is over 7,000
signatures on a Save Glen Abbey petition and noted that Glen Abbey is heritage
and deserves to be protected. It is a historic golf course designed by as
legend of the golf community.
- Christine
Langevin, re: in support of heritage designation for Glen Abbey Golf Club as
the course is an Oakville icon and part of Oakville’s identity.
- Chis
Stoate, re: in support of heritage designation for Glen Abbey Golf Club,
believes that the golf history of this course is important to preserve.
- Nick
Bourikas, re: in support of heritage designation for Glen Abbey Golf Club and is
Chair of the Downtown Oakville BIA. He noted that Oakville has a proud history
of maintenance and expansion of greenspace and Glen Abbey qualifies on both accounts.
- Denise
Baker, WeirFoulds LLP, on behalf of the Fairway Hills Community Association,
re: in support of heritage designation for Glen Abbey Golf Club, noting the proximity
to the course was a key defining feature to this community which consists of
129 homes. The Fairway Hills Community Association strongly encourages Council
to rely on the expert opinions provided and protect the significant cultural
heritage value of the golf course.
- Pauline
Nowak, re: in support of heritage designation for Glen Abbey Golf Club, with
appreciation of the Livable Oakville Official Plan and its intention to
preserve greenspace.
- Patricia
Heard, re: in support of heritage designation for Glen Abbey Golf Club,
believes that the traditions and memories created at the golf course should be
protected for the future.
- Matt
Stainton, re: in support of heritage designation for Glen Abbey Golf Club, Oakville
resident of 25 years, and is a contractor/developer who has worked with
heritage buildings and believes that historical sites should be protected.
- Robert
Djurfeldt, re: in support of heritage designation for Glen Abbey Golf Club, Oakville
resident of 17 years and suggests that Glen Abbey golf course puts Oakville on
the world map and that designation is important for the future.
- Noah
Djurfeldt, re: in support of heritage designation for Glen Abbey Golf Club,
Oakville resident of 17 years and wants the character of Glen Abbey to remain
over the years.
- Keith
MacMillian, re: in support of heritage designation for Glen Abbey Golf Club,
believes that Glen Abbey is the heart of Oakville, the Canadian Open has been
in Glen Abbey 29 times and that golfers take pride in golfing at Glen Abbey.
- Jane
Nitelet, re: in support of heritage designation for Glen Abbey Golf Club, this
land needs to be preserved for its history and for future generations.
- Glen
Powell, re: in support of heritage designation for Glen Abbey Golf Club,
Oakville resident for over 35 years, believes that greenspace is important and
designating the course as a heritage site would be beneficial to the Livable
Oakville Official Plan for today and in the future.
- Peter
Sharp, re: in support of heritage designation for Glen Abbey Golf Club, has
lived in Glen Abbey area for 17 years and would like to ensure protection for
the wildlife that lives around the course.
- Mark
Flowers, Davies Howe LLP, representing ClubLink Corporatioin ULC and ClubLink
Holdings Limited (“ClubLink”), the owner of Glen Abbey Golf Club, re: against
the heritage designation for Glen Abbey Golf Club, feels that the Town did not
provide ClubLink with meaningful engagement in Phase III of the Cultural
Heritage Landscape Strategy. Feels that the Town’s proposed notice of intention
to designate is seriously flawed and should not be issued and filed a submission.
WAIVING OF PROCEDURE
Moved by
Councillor Elgar Seconded by Councillor Adams
That in accordance with Section
3.4 (2) of the Town’s Procedure By-law the delegations whose names did not
appear on the Council agenda or addendum be permitted to be heard.
CARRIED
- Grace
Cleary-Yu, re: in support of heritage designation for Glen Abbey Golf Club,
noted that many Chinese residents moved to Oakville instead of Toronto because
of Glen Abbey.
- Jane
Soper-Kennedy, re: in support of heritage designation for Glen Abbey Golf Club,
has lived in Oakville for 37 years and believes that the course is an
intangible asset and is vastly used by the community and should be passed on to
future generations.
- Janet
Van Huuksloot, re: in support of heritage designation for Glen Abbey Golf Club,
believes Glen Abbey is the foundation for the Canadian Open and represents
Oakville across the country.
The following
communication(s) were distributed at the meeting:
- (August 15, 2017) Miguel Gomes
- (August 16, 2017) Beatriz B. Salazar
- (August 18, 2017) Diane Tuyl
- (August 18, 2017) Margaret Perschy
- (August 18, 2017) Karl Tuira
- (August 18, 2017) Steve Mayes and Janice Dabous
- (August 18, 2017) Jeff Calderwood, CEO, National Golf Course
Owners Association Canada
- (August 19, 2017) Lorraine Gonsalves
- (August 19, 2017) David Anthony P. Eng
- (August 19, 2017) Brenda and Steven Richardson
- (August 19, 2017) JP Chauvin
- (August 19, 2017) Sandra Rajic
- (August 20, 2017) Elmira Hellmann
- (August 20, 2017) Paul Tasker
- (August 20, 2017) Ruth-ann Nothof
- (August 20, 2017) Paul Cummings
- (August 20, 2017) Lisa Cummings
- (August 20, 2017) Lisa Booth
- (August 20, 2017) John E. Glover
- (August 21, 2017) Mark Wickware
- (August 21, 2017) Michael Tracey
- (August 21, 2017) Russ Robertson
- (August 21, 2017) David and Diane Higgins
- (August 21, 2017) Mike Rankin
- (August 21, 2017) John Martschuk
- (August 21, 2017) Michael Bentzen
- (August 21, 2017) Louis Dionne
- (August 21, 2017) Cynthia Bentzen
- (August 21, 2017) Jack Gibbins
- (August 21, 2017) Craig L. Boydell
- (August 21, 2017) Victoria Thompson
- (August 21, 2017) Caitlin Bailey
- (August 21, 2017) Ted Baker
- (August 21, 2017) Douglas F. Matthews
- (August 21, 2017) Nicole and Michael McGowan
- (August 21, 2017) Angela Parsons
- (August 21, 2017) Carmen Bonfiglio
- (August 21, 2017) Barbara & Gordon
Holland
- (August 21, 2017) Jane and Ian Hamilton
- (August 21, 2017) Teddy Kus
- (August 21, 2017) Joe Vaccaro, CEO, Ontario Home Builders’
Association and Bryan Tuckey, President & CEO, BILD, Building Industry and
Land Development Association
Mayor Burton transferred the Chair to
Councillor Lishchyna in
order to speak to this item.
BEYOND THE HOUR
Moved by
Councillor Adams Seconded by Councillor Knoll
That this meeting proceed
beyond the hour of 10:00 p.m., but no later than 10:30 p.m.
CARRIED
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Moved by Mayor Burton Seconded
by Councillor Elgar
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That a Notice of Intention to Designate
under Section 29, Part IV of the Ontario Heritage Act for the Glen
Abbey property, be issued.
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CARRIED UNANIMOUSLY
on a recorded vote,
Council voting as follows:
(Councillor Lapworth
having declared a pecuniary interest on this item, did not vote)
Recorded Vote
Yeas Nays
Councillor Lishchyna
Councillor Adams
Councillor Grant
Councillor Knoll
Councillor Elgar
Mayor Burton
Councillor Hutchins
Councillor Gittings
Councillor Chisholm
Councillor Duddeck
Councillor O'Meara
Mayor Burton resumed the Chair.
Moved by
Councillor Elgar Seconded by Councillor Duddeck
CARRIED
The
Mayor adjourned the meeting at 10:13 p.m.
________________________________
KATHY PATRICK
ACTING
TOWN CLERK