Town of Oakville

Council Minutes

Meeting #:
Date:	Monday, October 18, 2021
Time:	6:30 P.m. - 10:30 P.m.
Location:	Virtual Meeting

Mayor and Council:

• Mayor Burton
• Councillor Adams
• Councillor Chisholm
• Councillor Duddeck
• Councillor Elgar
• Councillor Gittings
• Councillor Grant
• Councillor Haslett-Theall
• Councillor Knoll
• Councillor Lishchyna
• Councillor Longo
• Councillor O'Meara
• Councillor Parmar
• Councillor Robertson
• Councillor Sandhu (Left at 9:48 p.m.)

Staff:

• J. Clohecy, Chief Administrative Officer (In person)
• N. Sully, Commissioner of Corporate Services and Treasurer (In person)
• C. Bell, Commissioner of Community Services (In person)
• N. Garbe, Commissioner of Community Development
• P. Fu, Commissioner of Community Infrastructure (In person)
• D. Carr, Town Solicitor
• V. Tytaneck, Town Clerk
• J. Warren, Council and Committee Coordinator

The Town of Oakville Council met in regular session, via videoconference, this 18th day of October, 2021 in the Council Chamber of the Oakville Municipal Building, 1225 Trafalgar Road, Oakville commencing at 6:30 p.m.

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1.

O Canada

2.

Regrets

There are no regrets for this meeting.

3.

Declarations of Pecuniary Interest

No declarations of pecuniary interest were declared.

4.

Confirmation of  Minutes of the previous Council Meeting(s)

4.1

Minutes of the Regular Session of Council, SEPTEMBER 28, 2021

4.2

Confidential Minutes of the Closed Session of Council, SEPTEMBER 28, 2021

4.3

Minutes of the Regular Session of Planning and Development Council, OCTOBER 4, 2021

• Moved by Councillor Lishchyna
  Seconded by Councillor Chisholm
  1. That the minutes of the regular session of Council and the closed session of Council dated September 28, 2021, be approved
  2. That the minutes of the Planning and Development session of Council dated October 4, 2021, be approved.
  CARRIED

5.

Public Presentation(s)

There were no public presentations.

6.

Committee of the Whole

• Moved by Councillor Longo
  Seconded by Councillor Gittings

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

  CARRIED

7.

Consent Item(s)

7.1

Naming – New Public Square in Bronte

• Moved by Councillor O'Meara

  That the new public square in Bronte located at 2445 Lakeshore Road W. be named Bronte Market Square.

  CARRIED

8.

Confidential Consent Item(s)

8.1

Oakville vs. Choice Properties et al.-1122 Dorval and 243 North Service Road

• Moved by Councillor O'Meara

  That the recommendation contained in the confidential report dated October 12, 2021, from the Legal Department, be approved.

  CARRIED

9.

Discussion Item(s)

9.1

COVID Update

• Moved by Councillor Lishchyna

  That the verbal update from the CAO be received.

  CARRIED

9.2

Neighbourhood Traffic Safety Program

• Moved by Councillor Duddeck
  1. That the report entitled Neighbourhood Traffic Safety Program from the Transportation and Engineering Department, dated September 14, 2021 be received.
  2. That the overall Neighbourhood Traffic Safety Program and implementation plan be approved, except and as set out specifically below:
     1. Council defers approval of the implementation plan contained in this report for the 40km/h speed limit including changing the town wide default speed limit from 50km/h to 40km/h until the work described below in (b.) is completed and reported to Council.
     2. That staff continue monitoring the traffic patterns and speeds in the existing West River and Heritage Way 40 km/h pilot areas to collect four full seasons of data beginning this spring to explore and account for potential changes to traffic patterns due to the pandemic.
     3. Council approves the proposed definition of a Community Safety Zone.
     4. Council approves designation of a Community Safety Zone on Glenashton Road between Grand Boulevard and Eighth Line, and on Maple Grove Drive from Devon Road to Lakeshore Road East, and on Devon Road from Morrison Road to Ford Drive, and on Morrison Road from Cleaver Drive to Devon Street and that the speed limit on these sections be reduced to 40 km/h.
     5. Council approves the implementation plan contained in this report for the Automated Speed Enforcement program including 7 mobile cameras in conjunction with utilizing the Provincial Administrative Monetary Penalties System (AMPS).
     6. Council approves that the ASE program comprise 14 mobile cameras in 2022, with the increase of 7 mobile cameras adding costs of $246,596, for a total net ASE estimated program cost of $471,349.
  3. Council directs that the funding requirements for the Neighbourhood Traffic Safety Program set out within this report, be referred to the Budget Committee for consideration as part of the 2022 Budget process.
  4. Council directs that a copy of this report be provided to Halton Region Police Service for information and that staff engage with the Halton Region Police Service to obtain feedback on enforcement for presentation to, and consideration of Council when this matter is reported back to Council.
• Moved by Councillor Haslett-Theall

  That the main motion moved by Councillor Duddeck regarding the Neighbourhood Traffic Safety Program be amended by revising Clause 2(d) to include the addition of a Community Safety Zone on Reynolds Street from Pine Street to George’s Square.

  CARRIED
• Moved by Councillor Parmar

  That the main motion moved by Councillor Duddeck regarding the Neighbourhood Traffic Safety Program be amended by revising Clause 2(d) to include the addition of a Community Safety Zone on Post Road from Dundas Street to Threshing Mill Boulevard.

  CARRIED
• Moved by Councillor O'Meara

  That the main motion moved by Councillor Duddeck regarding the Neighbourhood Traffic Safety Program be amended by revising Clause 2(d) to include the addition of a Community Safety Zone on Ontario Street between Marine Drive and East Street and on Trevor Drive from Waterford Street to Bridge Road.

  CARRIED
• Moved by Councillor Chisholm

  That the main motion moved by Councillor Duddeck regarding the Neighbourhood Traffic Safety Program be amended by revising Clause 2(d) to include the addition of a Community Safety Zone on Felan Avenue between Rebecca Street and Stewart Street.

  CARRIED
• Moved by Councillor Gittings

  That the main motion moved by Councillor Duddeck regarding the Neighbourhood Traffic Safety Program be amended by revising Clause 2(d) to include the addition of a Community Safety Zone on Lakeshore Road East between Douglas Avenue and Morrison Road.

  CARRIED
• Moved by Councillor Haslett-Theall

  That the main motion moved by Councillor Duddeck regarding the Neighbourhood Traffic Safety Program be amended by adding an additional Clause 5 to read a follows:

  “That an additional ten pedestrian crosswalks be added across the town in 2022.”
• Moved by Councillor Chisholm

  That the motion by Councillor Haslett-Theall for ten additional pedestrian crosswalks in 2022 be deferred to the budget committee.

  CARRIED
• Moved by Councillor Knoll

  That the main motion moved by Councillor Duddeck regarding the Neighbourhood Traffic Safety Program be amended by revising Clause 2(d) to include the addition of a Community Safety Zone on Central Park Drive between Glenashton Drive and Oak Park Boulevard.

  CARRIED
• The Mayor called the vote on the main motion moved by Councillor Duddeck regarding the Neighbourhood Traffic Safety Program except for Clause 2(a) and 2(b).

  CARRIED
• The Mayor called for a recorded vote on Clause 2(a) of the main motion moved by Councillor Duddeck regarding the Neighbourhood Traffic Safety Program.

  For (13)	Councillor Adams, Mayor Burton, Councillor Chisholm, Councillor Duddeck, Councillor Elgar, Councillor Gittings, Councillor Grant, Councillor Haslett-Theall, Councillor Knoll, Councillor Lishchyna, Councillor Longo, Councillor Parmar, and Councillor Sandhu
  Against (2)	Councillor O'Meara, and Councillor Robertson

  CARRIED on a recorded vote (13 to 2)
• Moved by Councillor Robertson

  That the motion moved by Councillor Duddeck regarding the Neighbourhood Traffic Safety Program be amended by adding Lakeshore Woods as a pilot area in Clause 2(b).

  CARRIED
• The Mayor called the vote on the Clause 2(b) of the main motion moved by Councillor Duddeck regarding the Neighbourhood Traffic Safety Program.

  For (15)

  Councillor Adams, Mayor Burton, Councillor Chisholm, Councillor Duddeck, Councillor Elgar, Councillor Gittings, Councillor Grant, Councillor Haslett-Theall, Councillor Knoll, Councillor Lishchyna, Councillor Longo, Councillor O'Meara, Councillor Parmar, Councillor Sandhu, and Councillor Robertson

  CARRIED unanimously on a recorded vote (15 to 0)

9.3

Oakville Enterprises Corporation (OEC) Quarterly Update

(Previously listed as Oakville Enterprises Corporation (OEC) Financial Update)

RECESS

The meeting recessed at 9:48 p.m. and reconvened at 10:00 p.m.

BEYOND THE HOUR

• Moved by Councillor Duddeck

  That this meeting proceed beyond the hour of 10:30 p.m.

  CARRIED
• Moved by Councillor Duddeck

  That the presentation from Rob Lister, President and CEO of Oakville Enterprises Corporation regarding the Oakville Enterprises Corporation Quarterly Update, be received.

  CARRIED

9.4

Review and Assessment of Park Enforcement

• Moved by Councillor Chisholm
  1. That the report from Municipal Enforcement Services dated October 12, 2021 titled Review and Assessment of Park Enforcement be received.
  2. That a two-year Park Enforcement Pilot Program (2022 and 2023) funded through the tax rate stabilization reserve be approved, specifically for:
     1. Approval of a maximum of $900,000 for staffing, equipment, vehicles and technology costs annually over the period of the pilot, to create a unit of seasonal and part-time employees to address the seasonality of park enforcement
     2. Approval of a service level standard of:
        1. A patrol methodology – whereby officers will not be stationed at parks
        2. A minimum 70 weekly spring and summer park patrols and 10 weekly off-season park patrols
        3. Participation in Police on Parks Patrol weekly (Friday and Saturday night) with an extra patrol on the Sunday of long-weekends, from Victoria Day to Labour Day
        4. A park enforcement priority matrix which drives patrols so that focus is placed on parks with the highest complaint/incident level
        5. Continued adherence to the town’s established progressive enforcement model
  3. That staff be directed to provide an update on the effectiveness of the Park Enforcement Pilot Program to the 2023 Budget Committee
  4. That funding for the Park Enforcement Pilot Program set out in this report, be referred to the Budget Committee for consideration as part of the 2022 Budget process.

  CARRIED

9.5

Sign by-law – Sign Face Area Review, By-law 2021-141

• Moved by Councillor Knoll

  That the Sign by-law - Sign Face Area Review, By-law 2021-141 be referred to the November 15, 2021 Council meeting. 

  CARRIED

9.6

2022 Municipal Election, By-law 2021-123

• Moved by Councillor Adams
  1. That the report dated October 5, 2021 from the Clerk’s department be received.
  2. That the Halton District School Board, Halton Catholic District School Board, Conseil scolaire Viamonde, and scolaire catholique MonAvenir, be requested to schedule a Professional Development Day on Municipal and School Board Election Day, October 24, 2022.
  3. That the previous decision of Council in February, 2020, not to pursue alternative methods of voting be reconsidered to authorize the home visit program.
  4. That By-law 2021-123, a by-law to authorize the use of alternative voting method by home visits, be passed, to establish a home visit program for home-bound electors in Town of Oakville municipal elections.
  CARRIED

9.7

2022 Municipal Election Contribution Rebate Program, By-law 2021-122

• Moved by Councillor Adams
  1. That the report dated October 5, 2021 from the Clerk’s department be received.
  2. That a Campaign Contribution Rebate Program be implemented for the 2022 Municipal Election.
  3. That By-law 2021-122 being a by-law to authorize the payment of rebates to eligible individuals who made contributions to candidates for office on the municipal council for the 2022 Municipal Election (Contribution Rebate By-law), be passed, as revised by excluding the words ‘to a maximum rebate of $375.’ under section 13 (b).

      

  CARRIED

9.8

TOWARF and Waterfront Attraction Update

• Moved by Councillor Chisholm

  That the report titled TOWARF and Waterfront Attraction Update be received for information.

  CARRIED

10.

Confidential Discussion Item(s)

There are no Confidential Discussion Items listed for this agenda.

11.

Advisory Committee Minutes

11.1

Accessibility Advisory Committee Minutes - September 9, 2021

• Moved by Councillor Robertson

  That the minutes of the Accessibility Advisory Committee meeting of September 9, 2021, be received.

  CARRIED

12.

Rise and Report to Council

Moved by Councillor Longo

That this committee rise and report.

CARRIED

The Mayor arose and reported that the Committee of the Whole has met and as made recommendations on Consent Item 7.1, Confidential Consent Item 8.1, Discussion Items 9.1, 9.2, 9.3, 9.4, 9.5, 9.6, 9.7 and 9.8, and Advisory Committee Minutes (AAC) Item 11.1, as noted by the Clerk.

• Moved by Councillor Elgar
  Seconded by Councillor Lishchyna

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

  CARRIED

13.

Information Items (Circulated Electronically)

14.

Status of Outstanding Issues

15.

New Business

15.1

Notice of Motion - Remote Issuance of Marriage Licences

WAIVE PROCEDURE

• Moved by Councillor Adams
  Seconded by Councillor Duddeck

  That, in accordance with Section 2(2) of the Procedure By-law, the rules of procedure established in Section 14.1(2) be waived to permit consideration of the following Notice of Motion upon its introduction this evening.

  CARRIED
• Moved by Councillor Knoll
  Seconded by Councillor Grant

  WHEREAS residents that cannot provide proof of vaccination are unable to obtain a marriage licence from the Town of Oakville due to the Town’s requirement that all individuals 12 years of age and older be vaccinated regardless of the purpose of their visit to Town Hall, including to obtain a marriage licence;

  WHEREAS the issuance of a marriage licence requires that an oath be administered by the Marriage Issuer to the marriage applicants;

  WHEREAS staff have explored a remote method of marriage licence issuance as an alternative to in-person services that will allow un-vaccinated persons to obtain a Marriage Licence without attending in person;

  WHEREAS The Attorney General confirmed that the Province proclaimed a suite of amendments to both the Notaries Act and the Commissioners for Taking Affidavits Act to set out parameters for remotely commissioning  a document and the framework for commissioners who wish to exercise their powers without being in the physical presence of the deponent or declarant;

  WHEREAS the Office of the Registrar General registers all marriages in Ontario and produces the Marriage Licence form that is used throughout the Province of Ontario;

  WHEREAS the Office of the Registrar General does not currently have a framework for accepting remotely commissioned marriage licences;

  THEREFORE, BE IT RESOLVED that the Town of Oakville requests that the Office of the Registrar General  provide a framework to marriage issuers to enable remote oath taking for the purpose of issuing marriage licences to couples that do not have proof of vaccination.

  CARRIED

16.

Regional Reports and Question Period Regarding Town Boards and Advisory Committees

17.

Requests for Reports

There were no requests for reports.

18.

Consideration and Reading of By-Laws

18.1

By-law 2021-122

A by-law to authorize the payment of rebates to eligible individuals who made contributions to candidates for office on the municipal council for the 2022 Municipal Election, as revised (Contribution Rebate By-law) (re: Item 9.7)

18.2

By-law 2021-123

A by-law to authorize the use of alternative voting by home visits (home visit program for home-bound electors in Town of Oakville municipal elections) (re: Item 9.6)

18.3

By-law 2021-139

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

18.4

By-law 2021-141 (Not passed)

A by-law to amend Sign By-law 2018-153 (Sign Face Area – Ground Signs) (re: Item 9.5)

• Moved by Councillor Elgar
  Seconded by Councillor Grant

  That the by-laws noted above (with the exception of By-law 2021-041) be passed.

  CARRIED

19.

Adjournment

The Mayor adjourned the meeting at 10:25 p.m.