The Corporation of the

Town of Milton

COUNCIL MINUTES

Monday, May 29, 2023 at 6:00 P.m. - 10:00 P.m.

Town Hall

150 Mary Street, Milton, ON L9T 6Z5

Members Present:

• Mayor Krantz, 
• Councillor Ali, 
• Councillor Best, 
• Councillor Challinor, 
• Councillor Malboeuf, 
• Councillor Tesser Derksen, 
• Councillor Ijaz, 
• Councillor Marshall, 
• and Councillor Khalqi 

The Council for the Corporation of the Town of Milton met in regular session at 6:00 p.m. This meeting was held as a hybrid meeting with Members of Council having the opportunity to participate in-person at Town Hall or electronically.

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1.

CONFIDENTIAL SESSION

• Res. 079-2023
  Moved by Councillor Best
  Seconded by Councillor Challinor

  Milton Council convene into confidential session to discuss:

  1. advice that is subject to solicitor-client privilege, including communications necessary for that purpose with respect to a contractor claim;  
  2. personal matters about an identifiable individual, including municipal or local board employees with respect to a discussion with the Town Auditor;
  3. trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the Town, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization with respect to digital access commercial modelling; and
  4. a proposed or pending acquisition or disposition of land by the municipality or local board with respect to the 2023 Town property update.
  Carried

2.

OPEN SESSION

• Res. 080-2023
  Moved by Councillor Best
  Seconded by Councillor Malboeuf

  THAT Council resume in open session.

  Carried
• Res. 081-2023
  Moved by Councillor Best
  Seconded by Councillor Malboeuf

  THAT the recommendations contained in Staff Report DS- 031-23 be approved.

  Carried
• Res. 082-2023
  Moved by Councillor Best
  Seconded by Councillor Malboeuf

  THAT the recommendations contained in Staff Report ES- 007-23 be approved.

  Carried
• Res. 083-2023
  Moved by Councillor Best
  Seconded by Councillor Malboeuf

  THAT the recommendations contained in Staff Report ES- 003-23 be approved.

  Carried

3.

MOMENT OF SILENT REFLECTION / O’ CANADA / TRADITIONAL LAND ACKNOWLEDGEMENT

4.

AGENDA ANNOUNCEMENTS / AMENDMENTS

The Town Clerk noted that on Friday, May 26th, a revised agenda was posted to the Town website with the inclusion Staff Report CORS-031-23 Purchasing Various, as well as amendments to By-laws 039-2023 and 044-2023. The Town Clerk noted that Confidential Staff Report ES-003-23 was also circulated to Members of Council on May 26th.

5.

DISCLOSURE OF PECUNIARY INTEREST & GENERAL NATURE THEREOF

Councillor Challinor II disclosed a pecuniary interest on Item # 10.1 under Section 10 – Items for Consideration because he owns property within the circulated area for this application.

6.

CONSENT ITEMS

At this point in the meeting, Mayor Krantz turned the Chair Position over to Acting Chair, Councillor Challinor II.

• Res. 084-2023
  Moved by Councillor Best
  Seconded by Councillor Malboeuf

  THAT Consent items 6.1 to 6.4 be approved.

  Carried

6.1

Minutes of the Council meeting held on May 8, 2022

6.2

Implementation of All-Way Stop – Ferguson Drive and Hearst Boulevard

• THAT a by-law be enacted to amend by-law 1984-1, as amended, to implement an all way stop at the intersection of Ferguson Drive and Hearst Boulevard (Appendix I);

   

  AND THAT Schedule 12 and Schedule 13 of the Uniform Traffic Control By-law be amended accordingly (Appendix II);

   

  AND FURTHER THAT the appropriate by laws be presented to Council for approval.

6.3

Housekeeping Update to Road Occupancy, Fouling and Entrance Permit By-Law 035-2020

• THAT DS-027-23, Housekeeping Update to By-Law 035-2020 (Town of Milton Road Occupancy, Fouling and Entrance Permit By-Law) be received for information;

   

  AND THAT By-Law 035-2020 (Road Occupancy, Fouling and Entrance Permit By-law) be amended as outlined in this Report and Appendix I;

   

  AND FURTHER THAT the appropriate updated by-laws be presented to and approved by Council.

6.4

Bill 97, the Helping Homebuyers, Protecting Tenants Act, 2023

• THAT report DS-028-23 regarding Bill 97, the Helping Homebuyers, Protecting Tenants Act, be received for information.

7.

DELEGATIONS

8.

PUBLIC MEETING

9.

PRESENTATIONS

9.1

2022 Annual Report and Financial Statements

Glen Cowan, Chief Financial Officer & Treasurer, Corporate Services, and Trevor Ferguson, Deliotte LLP, Town Auditor, addressed Council with respect to Staff Report CORS-030-23.

• Res. 085-2023
  Moved by Councillor Malboeuf
  Seconded by Councillor Best

  THAT the draft audited Financial Statements for the Town of Milton and Boards be approved.

  Carried

9.2

Halton Regional Police Service - Information Presentation

Chief Stephen J. Tanner and Dave Stewart, Superintendent, of the Halton Regional Police Services addressed Council with respect the Halton Regional Police Service.

• Res. 086-2023
  Moved by Councillor Malboeuf
  Seconded by Councillor Best

  THAT the presentation from the Halton Regional Police Service be received for information.

  Carried

10.

ITEMS FOR CONSIDERATION

Councillor Challinor II disclosed a pecuniary interest, turned the Chair Position over to the Mayor, and refrained from discussion and voting on item # 10.1 below:

10.1

Technical Report: Proposed Plan of Subdivision, Official Plan Amendment and Zoning By-law Amendment by Village Developments Inc. for lands in Ward 2 known as 485, 501 and 511 Ontario Street South (Town Files: 24T-20004/M, LOPA-04/20 & Z-07/20)

• Res. 087-2023
  Moved by Councillor Malboeuf
  Seconded by Councillor Best

  THAT Town of Milton Council support the granting of Draft Plan Approval by the Commissioner of Development Services for the proposed plan of subdivision (Town File: 24T-20004/M);

  
  AND THAT applications to the Town of Milton Official Plan and Zoning By-law 016-2014, as amended, to facilitate the development of a mid-rise residential apartment building BE APPROVED;

  
  AND THAT staff be authorized to bring forward Official Plan Amendment No. 73 in accordance with the draft Official Plan Amendment attached as Appendix 2;

  
  AND THAT staff be authorized to bring forward an amending Zoning By-law with a holding in accordance with the draft By-law attached as Appendix 3;

  
  AND THAT the Commissioner of Development services forward this report to the Provincial Ministers of Health, Education, Transportation and Infrastructure and Metrolinx with a request to review and plan for future Milton District Hospital, school, and transportation expansions;

  
  AND FURTHER THAT the Commissioner of Development Services forward a copy of this Report and Decision to the Region of Halton for their information.

  Carried

10.2

Halton Digital Access Strategy - Implementation Plan

At this point in the meeting, Mayor Krantz turned the Chair Position over to Acting Chair, Councillor Challinor II.

• Res. 088-2023
  Moved by Councillor Malboeuf
  Seconded by Councillor Best

  THAT Council takes the following actions regarding the creation and operation of Halton Digital Access Services Corporation (“HDASC”):

   

  (a) Adopt the business case and receive the results of public consultation as described in this report; 

   

  (b) Approve 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 Municipality;

   

  (c) 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 Appendix A); 

   

  (d) Authorize the CAO (or designate) to act as an incorporator of HDASC and the Municipality’s representative on the HDASC Board of Directors;

   

  (e) Approve the Municipality 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,

   

  (f) Approve the Municipality, as a shareholder of HDASC, to authorize HDASC to enter into:
       i. Unanimous Shareholders Agreement;
      ii.HDASC Municipal Pole License Agreements; and
     iii. Related ancillary agreements the CAO deems are reasonably required for the creation or operation of HDASC,

   

  (g) Delegate to the CAO (or designate) the authority to execute the agreements described above, as a director of HDASC, or as authorized signatory for the Municipality as a shareholder of HDASC, as the case may be, and sign such other documents, agreements or forms and to do such other things as are reasonably required for the creation and operation of HDASC.

   

  THAT a copy of this report be sent to the City of Burlington the Towns of Halton Hills and Oakville, and the Regional Municipality of Halton for their information.

  Carried

10.3

Housing Accelerator Fund (HAF)

• Res. 089-2023
  Moved by Councillor Malboeuf
  Seconded by Councillor Best

  THAT Council endorse the action plan and growth targets that will be included as part of the Town’s HAF Application including the seven (7) specific initiatives that have been identified to grow housing supply and speed up housing approvals.

   

  AND THAT the Commissioner of Development Services be authorized to submit an application for the HAF Program on behalf of the Town of Milton as outlined in this report, and that the Commissioner of Development Services in consultation with the Chief Financial Officer be authorized to make any further adjustments required in their sole discretion.

   

  AND FURTHER THAT the Mayor and Clerk be authorized to execute any agreements that are required in relation to this funding program.

  Carried

10.4

Purchasing Various – May 29, 2023

• Res. 090-2023
  Moved by Councillor Malboeuf
  Seconded by Councillor Best

  THAT Council approve the budget amendments and related funding sources as outlined on Schedule A;

   

  THAT the award of the proposal for the Town (the lessor) to enter into a 21-year less one day lease agreement with Razor Management Inc. (the lessee) for a Seasonal Air Supported Structure and Dome Operator Services be approved as outlined in Schedule B.

   

  THAT the Mayor and Clerk be authorized to execute the lease agreement outlined with Razor Management Inc., as well as an amended lease agreement with the Halton Catholic District School Board, as outlined in Appendix B and subject to the satisfaction of the Commissioner of Community Services and the Town’s legal counsel.

   

  THAT the award of the proposal for the services of an Integrity Commissioner to SC Consulting in the estimated amount of $57,372 (exclusive of HST) for the period July 1, 2023 to December 31, 2027 be approved as outlined in Schedule C.

   

  THAT staff be delegated the authority to extend the contract with SC Consulting for up to four (4) additional one-year periods as outlined in Schedule C.

   

  THAT the award of the tender for the construction of Walker Neighbourhood Park to Melfer Construction Inc. in the total amount of $1,928,000 (exclusive of HST) be approved as outlined on Schedule D.

   

  THAT the single source award to WSP for third party consulting review related to Site Alteration files in the estimated amount of $150,000 (exclusive of HST) for a contract term ending December 31, 2024 be approved as outlined in Schedule E.

   

  THAT the award made under delegated authority for Contract Administration related to the 2023 Asphalt Overlay Program to WSP E&I Canada in the amount of $406,960 (exclusive of HST) be received for information as outlined in Schedule F.

   

  THAT the award made under delegated authority for Contract Administration related to the 2023 Expanded Asphalt Program to CIMA Canada in the amount of $191,830 (exclusive of HST) be received for information as outlined in Schedule G.

   

  THAT the new capital budget C33015122 - Main Street (Drew Centre to Thompson Road) with an approved budget of $140,650  and the emergency contract award to WSP E&I Canada Ltd. for design of $113,590 and contract administration of $48,720 (excluding HST) be received for information as outlined on Schedule H.

   

  THAT the new capital Budget C45015322 – Tractor Attachment with an approved budget of $16,770 and the emergency contract award to Green Tractors Halton for a spreader in the amount of $16,000 (excluding HST) be received for information as outlined in Schedule I.

   

  THAT the emergency contract increase for work required on Woodward Avenue to Halton Region in the total amount of $88,106 (exclusive of HST) be being received for information as outlined on Schedule J.

   

  THAT the Manager, Purchasing and Supply Chain Management be authorized to execute the contract(s), as outlined by the purchasing by-law, and the Mayor and the Town Clerk be authorized to sign any required paperwork.

  Carried

10.5

Adopt a Park / Road Program - Councillor Challinor II

• Res. 091-2023
  Moved by Councillor Malboeuf
  Seconded by Councillor Best

  WHEREAS the Town supports clean-up efforts by providing supplies and coordinating litter pick-ups on an as-needed basis;

   

  AND WHEREAS Milton community groups, individual residents and local businesses are increasingly interested in participating in clean-up initiatives as their contribution towards keeping Milton beautiful while demonstrating environmental responsibility;

   

  THEREFORE, BE IT RESOLVED THAT, the Town of Milton establish a formal Adopt A Park/Road program, to support and acknowledge volunteers who regularly clean up designated areas throughout the municipality;

   

  AND FURTHER, THAT Town staff present the program plan and proposed budget to Milton Council in advance of the 2024 budget deliberations based on a Spring 2024 program implementation.

  Carried

10.6

Stopping Harassment and Abuse by Local Leaders Act (Bill 5) Motion - Councillor Ali

• Res. 092-2023
  Moved by Councillor Ali
  Seconded by Councillor Tesser Derksen

  WHEREAS ethical behaviour and respectful civil discourse are fundamental to maintaining public respect for our democratic institutions;

   

  WHEREAS in recent years incidents of disrespectful, uncivil, and egregious conduct by council members in some municipalities in Ontario have occurred that have clearly concerned the public, municipal staff, and elected members of councils;

   

  WHEREAS while municipal Codes of Conduct are helpful tools to set expectations of council member behaviour, municipal governments do not have the necessary tools to adequately enforce compliance with municipal Codes of Conduct;

   

  WHEREAS without adequate tools to enforce compliance with our Codes of Conduct and to discipline members found to have violated them, municipal councils have found themselves unable to meet public expectations;

   

  WHEREAS Bill 5, the Stopping Harassment and Abuse by Local Leaders Act would both hold accountable and protect all municipal officials and require Councillors to:

  • Comply with the workplace violence and harassment policies of the municipality they represent;
  • Permit municipalities to direct the lntegrity Commissioner to apply to the court to vacate a member's seat for failing to comply with the municipality's workplace violence and harassment policies; and
  • Restrict officials whose seat has been vacated from seeking immediate subsequent re-election.

   

  WHEREAS Bill 5 reflects the significant joint work undertaken by AMO and the Ministry of Municipal Affairs and Housing on this important issue;

   

  NOW THEREFORE BE IT RESOLVED THAT Town of Milton Council express its support for the Stopping Harassment and Abuse by Local Leaders Act;

   

  AND FURTHER THAT this resolution be circulated to the Hon. Doug Ford, Premier of Ontario, Hon. Minister Parm Gill, MPP for Milton, the Association of Municipalities of Ontario, and MPP Stephen Blais (author of Bill 5)

  Carried Unanimously

10.7

RCMP Musical Ride - Councillor Tesser Derksen

• Res. 093-2023
  Moved by Councillor Tesser Derksen
  Seconded by Councillor Best

  WHEREAS Section 107 of the Municipal Act, 2001 allows municipalities to provide grants on such terms as the Council considers appropriate for purposes that Council considers to be in the interests of the municipality;

   

  AND WHEREAS the Destination Campbellville Community Association (DCCA) is a non-profit community organization that was formed with a vision of making Campbellville and the surrounding area one of the best communities in Ontario in which to live;

   

  AND WHEREAS the DCCA, in partnership with the Woodbine Entertainment Group and Woodbine Mohawk Racetrack, have been selected to host an RCMP Musical Ride on September 19th and 21st, 2023; 

   

  AND WHEREAS 2023 marks the RCMP’s 150th anniversary and the RCMP have chosen Campbellville to be the only GTA stop on their cross-country tour; 

   

  AND WHEREAS this event will not be eligible for the 2023 Milton Small Grant Program as it is expected to require paid admission for attendees over 12 years of age, in order to mitigate the costs of holding the event;

  
  AND WHEREAS The DCCA will require financial support in order to host the RCMP Musical Ride event and maximize the national and international exposure for Campbellville and Milton, and to host an expected attendance of over 5000 people to event; 

   

  AND WHEREAS Through the Milton Culture Plan, the Town of Milton's Strategic vision includes consideration for community placemaking and events which "strengthen culture-led economic and social development" (Milton Culture Plan - Here to Stay"); 

  
  THEREFORE BE IT RESOLVED THAT the Town of Milton provide a grant of up to $5,000.00 (five thousand dollars) to the Destination Campbellville Community Association in support of hosting the RCMP Musical Ride in 2023;

  
  THAT the funding be provided to the Destination Cambellville Community Association in a manner that is consistent with the Town’s Small Grant Program.  This includes as a pre-requisite for payment the submission to the Town of a post-event summary in the prescribed template as well as the submission of receipts for the expenses that are funded by the grant provided;

  
  THAT the grant be provided from the approved 2023 operating budget for the Mayor and Council, with funding from the Ontario Lottery and Gaming Corporation revenue.

  Carried

10.8

Waive Rules of Procedure to Permit Notice of Motion  Consideration at Council Meeting

• Res. 094-2023
  Moved by Councillor Khalqi
  Seconded by Councillor Best

  WHEREAS Procedure By-law 007-2019, provides that Notices of Motion shall not be discussed or debated upon introduction, but shall be included on the next regular Council meeting agenda for consideration; 

   

  AND WHEREAS Section 7.9.3 of the Town of Milton Procedure By-Law 007-2019, as amended, permits a Notice of Motion to be considered upon its introduction by an affirmative vote of two-thirds of the Members present;

   

  AND WHEREAS it is deemed impractical or not in the best interests of the Town of Milton to delay consideration;

   

  THEREFORE BE IT RESOLVED THAT the pertinent rules contained in Section 7.9 of Procedure By-law 007-2019, be waived to permit the introduction and consideration by Council of the Notice of Motion on the Council agenda pertaining to Metrolinx.

  Carried

10.9

Metrolinx  - Councillor Khalqi

• Res. 095-2023
  Moved by Councillor Khalqi
  Seconded by Councillor Best

  WHEREAS the Town of Milton supports the efficient and sustainable movement of people and goods within and beyond its municipal borders, with an intent to ultimately build a community that amplifies transit as a primary means of movement, while making owning a motor vehicle a choice. 

   

  AND WHEREAS the Town of Milton recognizes the importance of collaboration with Metrolinx, and the Ontario Government; to provide efficient transit connectivity and networks, as Milton residents use Milton Transit and GO bus and rail for employment, recreation and school purposes. 

   

  AND WHEREAS recent service adjustments implemented by Metrolinx have resulted in prolonged trip duration, multiple service connections, and significant wait time between connections - between Milton and Toronto.

   

  NOW THEREFORE BE IT RESOLVED THAT in light of these recent service changes that the Town of Milton Council continue to advocate on behalf of Milton residents for Metrolinx to reassess services changes and find long-term solutions that enable more coordination and better connectivity with local systems.

   

  AND FURTHER THAT the Mayor request a meeting with The Honourable Caroline Mulroney - Minister of Transportation; and, The Honourable Parm Gill - Minister of Red Tape Reduction and Member of Provincial Parliament for Milton, Phil Vester, President and CEO of Metrolinx, to discuss the current and future transit needs of Milton as a growing community, including continued collaboration toward improved interregional services and supportive infrastructure.

   

  AND FURTHER THAT staff be directed to continue to work at an operational level with Metrolinx to better identify long-term solutions for connected, coordinated and efficient transit services.

   

  AND FINALLY THAT this resolution be circulated to The Honourable Doug Ford - Premier of Ontario, The Honourable Parm Gill - Minister of Red Tape Reduction and Member of Provincial Parliament for Milton, The Honourable Caroline Mulroney - Minister of Transportation, and The Honourable Stan Cho - Associate Minister of Transportation.

  Carried

11.

INTRODUCTION OF NOTICE OF MOTION

11.1

DMBIA & TJSF Event - Councillor Tesser Dersksen

12.

REGIONAL COUNCIL UPDATE

13.

STATEMENT BY MEMBERS

14.

BY-LAWS

• Res. 096-2023
  Moved by Councillor Malboeuf
  Seconded by Councillor Best

  THAT By-law Numbers 032-2023, 033-2023, 034-2023, 035-2023, 036-2023, 037-2023, 038-2023, 039-2023, 040-2023, 041-2023, 042-2023, 043-2023, 044-2023 & 045-2023, be READ, PASSED AND NUMBERED;

   

  AND THAT the Mayor and the Town Clerk be authorized to sign the said By-laws, seal them with the seal of the Corporation and that they be engrossed in the By-law Book.

  Carried

14.1

032-2023 Uniform Traffic By-law 1984-1, Schedules 1, 12, 16, 23, 26, 32, and 34

14.2

033-2023 Partial and Final Assumption of Subdivision 20M-1021 – Fieldgate Phase 1B

14.3

034-2023 Full Assumption of Subdivision 20M-1191 Gulfbeck PH1 & Lift Reserve

14.4

035-2023 Full Assumption of Subdivision 20M-1202 Gulfbeck PH2 and Lift Reserve

14.5

036-2023 Appoint Deputy Fire Chief Gordon Fowler and repeal bylaws 092-2019 and 069-2020

14.6

037-2023 Appoint Deputy Fire Chief Ross Monteith

14.7

038-2023 Full Assumption of Subdivision 20M-1187 and Lift Reserve

14.8

039-2023 Amend By-law 035-2020 Road Occupancy, Fouling and Entrance Permit

14.9

040-2023 Uniform Traffic By-law 1984-1, Schedules 12 and 13

14.10

041-2023 OPA 73 - Village Developments, Z-07-20 (LOPA-04-20)(24T-20004M)

14.11

042-2023 ZBA - Village Developments, RP 375, Pts 7, 8, 9, 10 - Z-07-20

14.12

043-2023 PLC-01-23 - Milton Main Street Homes 20M-1177

14.13

044-2023 General Signing By-law May 29, 2023

14.14

045-2023 Confirm Proceedings By-law May 29, 2023

15.

ADJOURNMENT

There being no further business to discuss the Acting Chair adjourned the meeting at 9:14 p.m.