Regular Meeting of Council

Minutes

Meeting #:
Date:
Time:
-
Location:
Council Chambers Level 2, City Hall
Members Present:
  • Mayor Marianne Meed Ward, 
  • Kelvin Galbraith, 
  • Lisa Kearns, 
  • Rory Nisan, 
  • Paul Sharman, 
  • and Angelo Bentivegna 
Member Regrets:
  • Shawna Stolte 
Staff Present:
  • Tim Commisso, 
  • David Thompson (Audio/Video Specialist), 
  • Richard Bellemare (Audio/Video Specialist), 
  • Debbie Hordyk, 
  • and Kevin Arjoon (Clerk) 

Note: This City Council meeting was conducted using a hybrid model, allowing members of Council, city staff and delegations the option of participating remotely or in-person.


  • Moved by:Councillor Galbraith
    Seconded by:Councillor Kearns

    Confirm the minutes of the following meeting of Council:

    CARRIED

None.

None.

All items were voted upon by way of one consent vote.

  • IN FAVOUR: (6)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, and Councillor Bentivegna
    Absent (1)Councillor Stolte
    CARRIED (6 to 0)
  • Authorize the Mayor and City Clerk to sign and execute the Metrolinx Bus Access Agreement between the City of Burlington and Metrolinx, with content satisfactory to the Director of Burlington Transit and in a form satisfactory to the Executive Director of Legal Services.

    CARRIED
  • Receive and file transportation services department report TS-09-23, Lowville Park Parking Operations update; and

    Retain the automated gates at Lowville Park and position them in the “up” position during off-peak periods; and

    Erect enhanced signage at the entry way, consisting of a QR code to direct visitors to the online reservation system, and clear communication that advanced reservations are only required on weekends.

    CARRIED
  • Refuse heritage permit application no. 501-06.4-01/23 to demolish the two-storey Georgian-style brick house at 795 Brant Street.

    CARRIED

Items a, b, c, d, e f, g, h and j were voted upon by way of one consent vote.

  • IN FAVOUR: (6)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, and Councillor Bentivegna
    Absent (1)Councillor Stolte
    CARRIED (6 to 0)
  • Authorize the Mayor and City Clerk to execute the necessary agreements and other related documents or by-laws between the City of Burlington and Government of Canada, in relation to the Active Transportation Fund, to the satisfaction of the Executive Director of Legal Services and Corporation Counsel.

    CARRIED
  • Receive and file finance department report F-09-23, 2022 Treasurer’s statement for Development Charges reserve funds, Park Dedication reserve fund and the Community Benefit Charge reserve fund.

    CARRIED
  • Grant the exemption from municipal taxes under section 6.1 (1) of the Assessment Act, R.S.O. 1990 for the Halton Naval Veterans Association; and


    Grant the exemption from municipal taxes under section 6 (1) of the Assessment Act, R.S.O. 1990 for The Navy League of Canada; and that staff be directed to prepare the necessary by-laws.

    CARRIED
  • Receive and file Burlington digital services report BDS-07-23 regarding early renewal of Microsoft Enterprise Licensing Agreement.

    CARRIED
  • Approve the 2023 advisory committee work plans and budget requests attached as appendix A to office of the city clerk report CL-06-23; and

    Receive and file the 2022 advisory committee annual reports attached as appendix B to office of the city clerk report CL-06-23.

    CARRIED
  • Approve the recommendation outlined in Appendix A to office of the city clerk report CL-11-23, Briefing Note dated April 18, 2023 regarding a recent Ontario Not-for-Profit Corporations Act (ONCA) compliance exercise, and proposed amendments to Joseph Brant Hospital Administrative By-laws; and

    Endorse the Joseph Brant Hospital Board of Directors decision to discontinue the Municipal Representative seat on the Joseph Hospital Board; and

    Adopt a practice of inviting the Joseph Brant Hospital Board Chair and Chief Executive Officer to annually to a Council meeting to provide updates on the Hospital and its future directions; and

    Direct the office of the Mayor to conduct on a bi-annual basis a joint meeting with the JBH Board Chair, Vice Chair and CEO with the Mayor and the Deputy Mayor of Recreation and Community Culture for the balance of the 2022 – 2026 term plus one additional member of council to discuss any pertinent matters.

    CARRIED

NOTE: A portion of this resolution was missing when approved. In accordance with the Procedure By-law 04-21 as amended section 7.1 d, this resolution has been administratively corrected. September 18, 2023.

  • Whereas on November 16, 2022, the Province of Ontario introduced legislation entitled Bill 39, Better Municipal Governance Act, 2022; and

    Whereas an outstanding and important element of the Act remains the appointment of provincial facilitators to assess regional government specifically to determine the best mix of roles and responsibilities between the upper and lower-tier municipalities for the regional governments of Durham, Halton, Niagara, Peel, Waterloo, and York; and

    Whereas the focus of the above noted review is aligned directly to the Provincial government’s commitment to build 1.5 million homes over the next 10 years to address the housing supply crisis in Ontario; and

    Whereas Council fully supports the priority given by staff of Halton Region and the four local municipalities, including the City of Burlington, to work collaboratively to address the immediate implications for the future delivery of land use planning services including of the devolution of regional and conservation authority responsibilities to the City of Burlington under Bill 23, More Homes Built Faster Act, 2022, whereby the Region of Halton is no longer considered a municipal jurisdiction with land use planning authority; and

    Whereas the Province has recently set policy for future growth within specific areas of the City of Burlington; and

    Therefore, be it resolved that Burlington City Council is fully committed and prepared to actively participate in the upcoming assessment of Halton Region upper and lower-tier responsibilities on the basis of achieving and/or contributing to the following first principles and key strategic outcomes:

     

    First Principles

    • Operating within a clearly defined workplan provided by the provincial facilitator inclusive of scope of work and timelines for completion of review
    • Consideration of all feasible governance options, except amalgamation of the four municipalities into a City of Halton
    • Acting on governance changes as supported by the local-tier councils
    • Decision making is based on community engagement related to any proposed changes to Halton upper and lower-tier municipal responsibilities

     

    Key Strategic Outcomes

    • Improved long term quality of life for existing and future Burlington residents
    • Improved quality and reduced overall cost of municipal services (existing and proposed new) delivered to Burlington residents and businesses
    • All needed community infrastructure is funded through development and/or by senior levels of government
    • The City of Burlington is in an improved position to deliver on long term strategic plan priorities, including community focused needs and economic growth

    And further that the Mayor will communicate these first principles and key strategic outcomes, along with the attached letter outlining the City’s approach to growth of the City of Burlington to the Minister of Municipal Affairs and Housing; and

    Endorse the resolution and letter subject to any modifications suggested by council members.

    CARRIED
  • Receive and file office of the city clerk’s report CL-12-23 providing alignment and monitoring of Council approved recommendations and Council Workshops.

    CARRIED
  • Moved by:Councillor Galbraith
    Seconded by:Councillor Bentivegna

    That Council waive privilege to the planning memorandum contained in Appendix ‘C’ of Report L-23-23, and that solicitor client privilege continue to apply for all purposes for the balance of the report L-23-23 and its appendices.

    IN FAVOUR: (6)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, and Councillor Bentivegna
    Absent (1)Councillor Stolte
    CARRIED (6 to 0)

All items were voted upon by way of one consent vote.

  • IN FAVOUR: (6)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, and Councillor Bentivegna
    Absent (1)Councillor Stolte
    CARRIED (6 to 0)
  • Receive and file engineering services department report ES-01-23 and Appendix A regarding 2020 to 2022 Accessibility progress report.

    CARRIED
  • Assume the Alton East Subdivision, registered as Plan 20M-1123, File 510-01/11; and

    Accept all works and services under the jurisdiction of the city within the subdivision to become the property of the City of Burlington; and

    Direct the City Clerk to notify the Region of Halton of this assumption; and

    Release Subdivision Agreement Instrument Number HR1072453 from title; and

    Authorize the Executive Director of Legal Services and Corporation Counsel or their designate to prepare any necessary documents and authorize the Mayor and City Clerk to sign them; and

    Direct the City Clerk to present the necessary by-law to Council to accept all works and services of the said plan of subdivision and assume the following streets as public highways:

    STREET PARCEL PIN NUMBER
    Harrison Crescent 20M-1123 07201-0173
    Marconi Court20M-1123 07201-0174
    Block 520M-112307201-0169
    Block 620M-112307201-0170; and

    Authorize the Executive Director of Legal Services and Corporation Counsel or their designate, to amend the parcel designation in the bylaw, if necessary, upon registration of the by-law.

    CARRIED
  • Approve the City of Burlington single source and standardization for the purchase of Holmatro vehicle extrication equipment and annual maintenance from 1200° Darch Fire 9-402 Harmony Road Ayr, ON N0B 1E0 (1200° Darch Fire has the exclusive rights to sell Holmatro vehicle extrication equipment in Ontario) at a purchase price of $802,311.00 plus HST; and

    Authorize the Mayor and City Clerk to sign any required agreements with the bidder named above, subject to the satisfaction of the Fire Chief as to content and the Executive Director of Legal Services and Corporation Counsel as to form.

    CARRIED
  • Approve the City of Burlington to single source the purchase of one (1) Tanker Fire Apparatus to Dependable Emergency Vehicles, 275 Clarence Street, Brampton ON, L6W 3R3 at a purchase price of $914,225.37 including HST.

    CARRIED
  • Receive and file roads, parks and forestry department report RPF-02-23 regarding an update on the Loose Leaf Collection Plan.

    CARRIED
  • Moved by:Councillor Sharman
    Seconded by:Councillor Galbraith
    CARRIED

14.1
Confidential closed session minutes from Corporate Services, Strategy,Risk and Accountability Committee meeting of May 3, 2023.

 

a.
Approve the confidential closed session meeting minutes of May 3, 2023

 

Mayor Meed Ward passed the gavel to Deputy Mayor Bentivegna to chair this portion of the meeting as she is seconding the following item.

  • Moved by:Councillor Kearns
    Seconded by:Mayor Meed Ward

    Whereas all Ontarians deserve and expect a safe and respectful workplace; and

    Whereas municipal governments, as the democratic institutions most directly engaged with Ontarians need respectful discourse; and

    Whereas several incidents in recent years of disrespectful behaviour and workplace harassment have occurred amongst members of municipal councils; and

    Whereas these incidents seriously and negatively affect the people involved and lower public perceptions of local governments; and

    Whereas municipal Codes of Conduct are helpful tools to set expectations of council member behaviour; and

    Whereas municipal governments do not have the necessary tools to adequately enforce compliance with municipal Codes of Conduct; and

    Whereas Burlington City Council 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 municipal councils across Ontario, as well as Ontario’s Big City Mayors caucus (OBCM), comprised of the 29 largest municipalities across Ontario representing nearly 70% of Ontario’s population; and

    Whereas a fundamental, underlying principle of broadening diversity, equity, and inclusion in politics rests on the assumption that the workplace is safe; and

    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:

    Burlington City Council supports the call of the Association of Municipalities of Ontario and OBCM for the Government of Ontario to introduce legislation to strengthen municipal Codes of Conduct and compliance with them in consultation with municipal governments or in the alternative, Burlington City Council supports the province ordering Bill 5 for second reading to expedite this matter; and

    That, the legislation encompasses the Association of Municipalities of Ontario’s recommendations for:

    1. Updating municipal Codes of Conduct to account for workplace safety and harassment,
    2. Creating a flexible administrative penalty regime, adapted to the local economic and financial circumstances of municipalities across Ontario,
    3. Increasing training of municipal Integrity Commissioners to enhance consistency of investigations and recommendations across the province,
    4. Allowing municipalities to apply to a member of the judiciary to remove a sitting member if recommended through the report of a municipal Integrity Commissioner, and
    5. Prohibit a member so removed from sitting for election in the term of removal and the subsequent term of office, and
    6. The Province of Ontario considers creating a single Code of Conduct applicable to all Municipalities, that can be amplified with additional content; and

    That, Burlington City Council requests that municipalities and their respective Integrity Commissioners be consulted on the development of any regulations related to the proposed legislation; and

    That, this motion be circulated to the Right Honourable Justin Trudeau, Prime Minister of Canada, the Honourable Doug Ford, Premier of Ontario, the Honourable David Lamettithe, Minister of Justice, the Honourable Steve Clark, Minister of Municipal Affairs and Housing, Kate Manson-Smith, Deputy Minister of Municipal Affairs and Housing, Scott Pierce, Federation of Canadian Municipalities Acting President, Colin Best, President of the Association of Municipalities of Ontario and the Honourable Parm Gill Minister of Red Tape Reduction; Natalie Pierre, MPP Burlington, and Effie Triantafilopoulos, MPP Oakville North-Burlington, Halton Region and the Ontario’s Big City Mayors.

    IN FAVOUR: (6)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, and Councillor Bentivegna
    Absent (1)Councillor Stolte
    CARRIED (6 to 0)

    Deputy Mayor Bentivegna passed the gavel back to Mayor Meed Ward to continue chairing the meeting.


19.1

 

Councillor Kearns

Take notice that at the next meeting of Corporate Services, Strategy, Risk and Accountability, I intend to move a motion memorandum with respect to school safety and mobility, the purpose of which is to work collaboratively with the school boards, and other agencies, and to review creating an advisory committee regarding school safety and mobility.

  • Moved by:Councillor Nisan
    Seconded by:Councillor Bentivegna

    Enact and pass By-law Number 30-2023 being a by-law to confirm the proceedings of Council at its meeting held May 16, 2023 being read a first, second and third time.

    IN FAVOUR: (6)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, and Councillor Bentivegna
    Absent (1)Councillor Stolte
    CARRIED (6 to 0)
  • Moved by:Councillor Nisan
    Seconded by:Councillor Sharman

    Adjourn this Council now to meet again at the call of the Mayor.

    10:18 a.m.

    CARRIED