Regular Meeting of Council

Minutes

Meeting #:
Date:
Time:
-
Location:
Hybrid meeting- virtual and Council Chambers, City Hall
Members Present:
  • Mayor Marianne Meed Ward, 
  • Kelvin Galbraith, 
  • Lisa Kearns, 
  • Rory Nisan, 
  • Shawna Stolte, 
  • Paul Sharman, 
  • and Angelo Bentivegna
Staff Present:
  • Tim Commisso, 
  • 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.

1.
Call to Order:
 

2.
National Anthem:
 

3.
Land Acknowledgement:
 

4.
Regrets:
 

Mayor Meed Ward left the meeting at 2:30 p.m.

5.
Proclamations:
 

None.

6.
Recognitions and Achievements:
 

None.

7.
Motion to approve Council Minutes:
 

  • Moved by:Councillor Stolte
    Seconded by:Councillor Kearns

    Confirm the minutes of the following meeting of Council:

    CARRIED

8.
Presentations:
 

None.

9.
Declarations of Interest:
 

None.

10.
Agenda Management:
 

In accordance with the procedure by-law 32.2 The business of Council will be taken up in the order on which it appears on the agenda unless otherwise directed by the Mayor, or at the request of a member, or the Clerk.

The following items were discussed at the top of the meeting because external legal counsel was in attendance for item 14.2, therefore all confidential items were heard, so that Council only needed to resolve into closed session once during this meeting.

14.2, Confidential Update on a Real Estate Matter - Robert Bateman High School Acquisition, Land Exchange and Lease Transactions, L-23-22. 

14.1, Supplementary Confidential memorandum - 795 Brant Street, L-31-22

12.1 (l), Confidential triannual litigation update - February 1 to April 30, 2022 (L-16-22)

11.
Motion to move into Closed Session
 

  • Moved by:Councillor Sharman
    Seconded by:Councillor Kearns

    That this meeting of Council proceed into closed session in accordance with the following provisions under the Municipal Act:

    Pursuant to sections 239(2) and 239(3) of the Municipal Act, a proposed or pending acquisition or disposition of land by the municipality or local board; Item 14.2. Confidential Update on a Real Estate Matter – Robert Bateman High School Acquisition, Land Exchange and Lease Transactions (L-23-22)

    Pursuant to sections 239(2) and 239(3) of the Municipal Act, advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Item 12.2 c. Eligibility of 795 Brant Street for inclusion on the Municipal Register of Cultural Heritage Resources (PL-44-22)

    Pursuant to Section 239(2)(e) of the Municipal Act, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. Item Confidential triannual litigation update - February 1 to April 30, 2022 (L-16-22)

    Council moved into closed session at 1:26 p.m.

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

12.
Motion to move into Public Session:
 

  • Moved by:Councillor Galbraith
    Seconded by:Councillor Bentivegna

    Council moved into public session at 3:01 p.m.

    NOTE: Mayor Meed Ward left the meeting due to a personal commitment and passed the gavel to Deputy Mayor Stolte who served as Chair for the remainder of the meeting.

    CARRIED

13.
Confidential Update on a Real Estate Matter – Robert Bateman High School Acquisition, Land Exchange and Lease Transactions (L-23-22)
 

  • Proceed with the acquisition by the City of Burlington of the Robert Bateman High School site, 5151 New Street, being approximately 12.79 acres of land and building (the “Bateman Campus”) from the Halton District School Board (“HDSB”); and

    Proceed with the disposition to the HDSB by way of land exchange of approximately 4.92 acres of City owned land described as Part 2, Plan 20R-19654; and

    Proceed with a long-term leaseback lease of a portion of the Bateman Campus to the HDSB; and

    Proceed with the long-term lease of a portion of the Bateman Campus to Brock University; and

    Authorize the Executive Director of Legal Services and Corporation Counsel, working in consultation with the City Manager and the Chief Financial Officer to take all steps necessary to complete the acquisition of the Bateman Campus from the HDSB and the simultaneous transfer of Part 2, Plan 20R-19654 to the HDSB; and

    Authorize staff to take all steps necessary to approve and enter into a long-term leaseback lease with HDSB for a portion of the Bateman Campus, with content satisfactory to the City Manager, and in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel; and

    Authorize the City Manager to execute and deliver a lease proposal to Brock University and authorize staff to take all steps necessary to negotiate, approve and enter into a long-term lease with Brock University for a portion of the Bateman Campus, with content satisfactory to the City Manager, and in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel; and

    Authorize the Mayor and City Clerk to execute any agreements, leases or other documents in connection with this matter, in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel and with content satisfactory to the City Manager; and

    Approve the total land acquisition cost for the Bateman Campus as outlined in the Financial Matters section of L-23-22; and

    Authorize the City Clerk to prepare the debenture by-law.

    IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)

14.
Supplementary Confidential Memorandum – 795 Brant Street (L-31-22)
 

  • Moved by:Councillor Kearns
    Seconded by:Councillor Nisan

    That Council waive privilege and direct the Executive Director and Corporation Counsel to release the handout circulated in Closed Session on June 21 2022 entitled “Release of Information re: L-31-22- Eligibility of 795 Brant Street for Inclusion on Municipal Register of Cultural Heritage Resources” and that the Supplemental Memorandum L-31-22 remain for all purposes subject to solicitor-client privilege.

    NOTE: The following is “Release of Information re: L-31-22- Eligibility of 795 Brant Street for Inclusion on Municipal Register of Cultural Heritage Resources”:

    Release of Information re: L-31-22- Eligibility of 795 Brant Street for Inclusion on Municipal Register of Cultural Heritage Resources
    Background – The Heritage Act

    Council’s authority to protect properties of heritage value within the municipality is provided by the Ontario Heritage Act (“Heritage Act”). The Heritage Act provides for the conservation, protection and preservation of heritage on a property through two levels of protection. Subsection 27(3) authorizes Council to “list” a property on the municipal heritage register where Council believes a property to be of cultural heritage value or interest subject to following the procedural requirements. Where a property is listed, the property owner must provide Council with notice in advance of demolishing buildings or structures on the property. Section 29 provides Council with the authority to designate a property to be of cultural heritage value or interest where the property meets the prescribed criteria and the statutory process is followed. The property owner cannot alter, remove, or demolish a designated property without the consent of Council.
    Members of the public can object to the listing of a property, but there is no right to appeal the listing. Members of the public can appeal the designation of a property to the Ontario Land Tribunal (“OLT”) as along as the individual has met the procedural requirements.
    Discretion to List and Designate Properties
    The Heritage Act does not obligate Council to list and/or designate a property. Rather, the authority of Council to list and designate properties is permissive and discretionary. Caselaw has indicated that the exercise of authority under these sections is discretionary but that discretion must be exercised in accordance with the purpose of the Heritage Act, namely to protect and conserve heritage resources. Caselaw has also identified that a policy that requires the consent of a property owner to designate the property is contrary to the purpose set out in the Heritage Act and an unlawful fettering of Council’s authority.
    Liability Arising from Listing or Designating a Property
    Listing or designating a property does not give rise to liability for the City where the decision to do so is exercised in accordance with the procedural and substantive requirements of the Heritage Act and the decision is made in accordance with the purpose of the Heritage Act. Where Council has reason to believe a property has cultural value, it is within its lawful authority to list the property. Where Council has evidence that a property meets the prescribed criteria for designation, it is within its authority to designate the property.
    The Heritage Act provides the mechanism to challenge the designation of a property through an appeal to the OLT, where the merits of the designation can be tested against the requirements of the Heritage Act.

     

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

15.
Confidential triannual litigation update - February 1 to April 30, 2022 (L-16-22)
 

  • Moved by:Councillor Sharman
    Seconded by:Councillor Bentivegna

    Direct the Executive Director of Legal Services or their designate to proceed in accordance with the instructions sought in matters 15, 20, 38 and 41; and

    In respect of matter #20, Renimmob Properties Limited applications for 535-551 Brant Street respecting appeals to the Ontario Land Tribunal, Council agrees to waive solicitor-client privilege in and authorize the release of the instruction given, namely that the Executive Director of Legal Services and Corporation Counsel, their designate and/or retained legal counsel be instructed to attend at the Ontario Land Tribunal to oppose the appeal; and

    That the balance of confidential legal department report L-16-22 be received and filed and solicitor-client privilege be preserved over the balance for all purposes.

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

16.
Delegations:
 

17.
Petitions:
 

None.

18.
Recommendations from Standing Committees:
 

18.1
Corporate Services, Strategy, Risk & Accountability meeting of June 6, 2022
This item has attachments. 

1.June 6, 2022 Minutes Corporate Services, Strategy, Risk and Accountability Committee.pdf

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

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

a.
Investigation report from Burlington Ombudsman MUN-13233-0321 (CL-18-22)
 

  • Receive and file office of the city clerk report CL-18-22 regarding the investigation from the Ombudsman, file MUN-13233-0321.

    CARRIED

b.
Annual report from the Burlington Ombudsman (CL-20-22)
 

  • Receive the 2021 annual report from ADR Chambers, Ombudsman for the City of Burlington, attached as Appendix A to office of the city clerk report CL-20-22.

    CARRIED

c.
Joint Election Compliance Audit Committee with Halton Regional Municipalities (CL-23-22)
 

  • Approve the 2022-2026 Joint Compliance Audit Committee Terms of Reference attached as Appendix A to office of the city clerk report CL-23-22.

    CARRIED

d.
Financial results for Burlington Hydro for the period ended December 31, 2021 (F-20-22)
 

  • Receive and file finance department report F-20-22 providing financial results for Burlington Enterprises Corporation.

    CARRIED

e.
Response to staff direction regarding the election and local boards (CL-25-22)
 

  • Receive and file the memorandum dated May 17, 2022 from the City of Burlington Integrity Commissioner, attached as Appendix A to office of the city clerk report CL-25-22; and

    Amend the Code of Conduct for Local Boards to delete the following from Rule 5 (Election Campaigns) as recommended by the City of Burlington Integrity Commissioner, memorandum dated May 17, 2022:

    "Any member of a Board or Committee wishing to fully participate in an election campaign will be granted a leave of absence from the Board or Committee".

    CARRIED

f.
COVID-19 emergency response verbal update (CSSRA-05-22)
 

  • Receive and file the June 6, 2022 staff presentation providing the COVID-19 emergency response verbal update.

    CARRIED

g.
Government relations annual report (CS-07-22)
 

  • Receive and file corporate strategy report CS-07-22, providing an update on the funding, advocacy, monitoring and reporting work of government relations (GR) at the City of Burlington.

    CARRIED

k.
Confidential status report on the contingency reserve fund as at April 30, 2022 (F-22-22)
 

  • Receive and file finance department report F-22-22 providing a confidential status report on the contingency reserve fund as at April 30, 2022.

    CARRIED

h.
Closed Session Protocol (CM-18-22)
 

  • Approve the Closed Session Protocol attached as Appendix A to city manager’s office report CM-18-22; and

    Direct the City Clerk to bring forward all related Procedure By-law amendments to the July 2022 Corporate Services, Strategy, Risk and Accountability Committee meeting.

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

i.
Public engagement update on Robert Bateman High School land related proposals (CM-17-22)
 

  • Receive and file city manager’s office report CM-17-22 providing a public engagement update on Robert Bateman High School land related proposals.

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

j.
Release of legal fees (CSSRA-06-22) (SD-19-22)
 

  • In accordance with the City of Burlington’s corporate policy respecting the Disclosure of External Legal Costs, direct the Executive Director of Legal Services and Corporation Counsel to bring forward a report for council’s consideration to waive solicitor-client privilege in order to release the aggregate amount of legal fees paid in respect of each individual appeal to the Ontario Land Tribunal and its predecessors, Local Planning Appeals Tribunal and Ontario Municipal Board, that has reached final conclusion during this current term of Council, and report back at the next regularly scheduled meeting of the Corporate Services, Strategy, Risk and Accountability Committee. (SD-19-22)

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

18.2
Community Planning, Regulation & Mobility meeting of June 7, 2022
This item has attachments. 

1.2022_06_07_Community_Planning_Regulation_and_Mobility_Committee_Minutes.pdf

Items a and b were voted upon by way of one consent vote.

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

a.
Integrated Mobility Plan update report (TS-04-22)
 

  • Receive and file transportation services department report TS-04-22 providing an Integrated Mobility Network update.

    CARRIED

b.
Changes to Lot Maintenance By-law 59-2018 (BB-07-22)
 

  • Approve the recommended changes to the City’s existing Lot Maintenance By-law 59-2018 intended to clarify regulations related to naturalized areas, vegetative growth, temporary storage of equipment and materials, eliminate restrictions on when enforcement can occur and allow for inclusion into the City’s Administrative Monetary Penalty System as detailed in building and by-law department report BB-07-22; and

    Authorize the Executive Director of Legal Services and Corporation Counsel to prepare for Council approval a by-law repealing and replacing Lot Maintenance By-law 59-2018, significantly in the form attached as Appendix A to building and by-law department report BB-07-22; and

    Authorize the Executive Director of Legal Services and Corporation Counsel to prepare for Council approval a by-law amending the City of Burlington Property Standards By-law 28-2009, as amended, to implement changes which eliminates duplication between the Lot Maintenance and Property Standards By-laws in the form attached as Appendix B to building and by-law report BB-07-22.

    CARRIED

c.
Eligibility of 795 Brant Street for inclusion on the Municipal Register of Cultural Heritage Resources (PL-44-22)
 

  • Direct the Director of Community Planning to add 795 Brant Street to the Municipal Heritage Register and provide notice to the owner of the property within 30 days, pursuant to section 27(5) of the Ontario Heritage Act, R.S.O. 1990, c. O.18; and

    Authorize the City Clerk to take necessary action if there are any objections in accordance with Section 27(7) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18; and

    Direct the Director of Community Planning to contact the property owner to discuss the conservation of the original portions of the 2-storey masonry building on the property as part of a future development; and

    Direct the Director of Community Planning to retain a qualified heritage consultant to complete a third-party heritage evaluation and a statement of significance of 795 Brant Street.

    IN FAVOUR: (5)Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    OPPOSED: (1)Councillor Sharman
    Absent (1)Mayor Meed Ward
    CARRIED (5 to 1)

d.
City of Burlington Housing Strategy (PL-05-22)
 

  • Approve the proposed Housing Strategy attached as Appendix A to community planning department report PL-05-22.

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

18.3
Audit Committee meeting of June 8, 2022
This item has attachments. 

1.Post-Meeting Minutes - Audit Committee_Jun08_2022 - English.pdf

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

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

a.
Summary of in-progress Management Action Plans (CA-04-22)
 

  • Receive and file city auditor’s office report CA-04-22 providing a summary of the Management Action Plans in progress as identified in Appendix A.

    CARRIED

b.
Financial highlights for the period ended March 31, 2022 (F-18-22)
 

  • Receive and file finance department report F-18-22 providing financial highlights as at March 31, 2022.

    CARRIED

c.
Mandatory legislative training compliance rates for 2021 (HR-06-22)
 

  • Receive and file human resources department report HR-06-22 providing information about the 2021 compliance rates for mandatory legislative training.

    CARRIED

d.
External Audit Results for the 2021 Financial Statements (F-19-22)
 

  • Receive and file finance department report F-19-22 presenting information on the external audit results for 2021.

    CARRIED

e.
Consolidated financial statements December 31, 2021 (F-23-22)
 

  • Approve the 2021 consolidated financial statements for the City of Burlington and the local boards, as audited by Deloitte LLP attached to finance department report F-23-22 as Appendices A, B, C, D, E and F; and

    Approve the 2021 financial statements for the trust funds of the City of Burlington as audited by Deloitte LLP attached to finance department report F-23-22 as Appendix G; and

    Authorize the Chief Financial Officer to publish the statements on the City’s website.

    CARRIED

18.4
Environment, Infrastructure and Community Services meeting of June 9, 2022
This item has attachments. 

1.Post-Meeting Minutes - EICS_Jun09_2022 - English.pdf

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

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

a.
Tender Award, South Service Road Renewal (ES-25-22)
 

  • Award the tender for contract ES-22-11 South Service Road Renewal to King Paving & Construction Ltd. for $1,776,623.29 including HST; and

    Authorize the Manager of Procurement Services to issue an internal purchase order; and

    Authorize the City Clerk to prepare the debenture by-law; and

    Authorize the Mayor and City Clerk to sign any required agreements with the bidder named above, subject to the satisfaction of the Executive Director of Legal Services and Corporation Counsel; and

    Approve the total cost of $2,077,000 (Net HST) to be charged to Capital Order RA0251 and funded as outlined in the financial matters section of engineering services department report ES-25-22.

    CARRIED

b.
Public tree removal report – 1770 Appleby Line (535-005-20)(RPF-16-22)
 

  • Approve the request by the applicant to remove (1) public tree in order to proceed with the proposed site plan application File No. 535-005-20 as outlined in roads, parks & forestry department report RPF-16-22; and

    Instruct the applicant, Tim Jessop on behalf of NYX Appleby Storage LP, to provide compensation for the public tree removal by providing cash-in-lieu of replacement totaling $500.00; and

    Direct that a tree permit be obtained for the public tree removals and pay the associated tree permit fees as outlined in the City’s Rates and Fees By-law; and

    Direct that all associated costs with respect to the removal of the public trees (including stump removal) will be the responsibility of the applicant. The contractor hired to remove the trees will require approval by the Manager of Urban Forestry or designate.

    CARRIED

c.
Fire Master Plan (2022) (BFD-03-22)
 

  • Receive and file the Fire Master Plan (FMP) (2022) prepared by Dillon Consulting, attached as Appendix A, to Burlington fire department report BFD-03-22; and

    Direct the Fire Chief to utilize the 2022 FMP, as a reference document, to support “Fire Protection Service” delivery within the City of Burlington over the next 10 years (2022-2031); and

    Direct the Chief Financial Officer to incorporate the financial investments recommended within the 2022 FMP, as part of the 2023 budget and multi-year simulation, based on prioritization of funding as part of the revised long-term community investment plan; and

    Direct the Fire Chief to report back to council on the various recommendations provided within the Fire Master Plan through additional staff reports and/or the budget process, as required.

    CARRIED

d.
Corporate Energy & Emissions Management Plan progress report (ES-06-22)
 

  • Authorize the submission of relevant content/data in Appendix A of report EICS-06-22 be submitted to the Ontario Ministry of Energy and published on Burlington’s website to encourage energy awareness, conservation and meet the reporting requirements under Ontario Regulation 507/18; and

    Authorize the Mayor and City Clerk to execute the necessary agreements and other related documents or by-laws between the City of Burlington and the Government of Canada, in relation to the Low Carbon Economy Challenge Fund – Champions Stream, should our application for the Robert Bateman High School Revitalization be successful, to the satisfaction of the Executive Director of Legal Services and Corporation Counsel; and

    Authorize the Mayor and City Clerk to execute the necessary agreements and other related documents or by-laws between the City of Burlington and the Government of Canada, in relation to the Low Carbon Economy Challenge Fund – Champions Stream, should our application for the Brant Hills Community Centre – Deep Energy Retrofit be successful, to the satisfaction of the Executive Director of Legal Services and Corporation Counsel; and

    Authorize the Mayor and City Clerk to execute the necessary agreements and other related documents or by-laws between the City of Burlington and, The Toronto Atmospheric Fund, operating as The Atmospheric Fund, (“TAF”) in relation to the, GTHA EV Charging Fund, to the satisfaction of the Executive Director of Legal Services and Corporation Counsel.

    CARRIED

f.
Burloak grade separation and Drury pedestrian bridge update (ES-26-22)
 

  • Receive and file engineering services department report ES-26-22 providing an update on the Burloak grade separation and Drury Lane pedestrian bridge; and

    Authorize the City Manager to negotiate and execute an agreement with Metrolinx and the Town of Oakville for the cost sharing, delivery and maintenance of the Burloak grade separation, with content satisfactory to the Director of Engineering Services and form satisfactory to the Executive Director of Legal Services and Corporation Counsel; and

    Authorize the City Manager to negotiate and execute an agreement with Metrolinx for the cost sharing, delivery and maintenance of the Drury Lane pedestrian bridge, with content satisfactory to the Director of Engineering Services and form satisfactory to the Executive Director of Legal Services and Corporation Counsel; and

    Approve the temporary full road closure of Burloak Drive at the rail crossing for the duration of 12 months in connection with the construction of the Burloak grade separation.

    CARRIED

e.
Park Provisioning Master Plan - progress report (ES-05-22)
 

  • Receive and file engineering services department report ES-05-22 regarding the City of Burlington Park Provisioning Master Plan progress report.

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

g.
Leash free site application options for Ward 1 and Ward 5 (RCC-07-22)
 

  • Direct the Director of Recreation, Community and Culture to complete public engagement to determine a preferred location for a leash free area in Ward 1 and Ward 5 as outlined in report recreation, community and culture department report RCC-07-22; and

    Direct the Director of Recreation, Community and Culture to put a hold on the leash free area application process until the update to the Parks, Recreation and Cultural Assets Master Plan is completed.

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

h.
LaSalle Park Community Marina (RCC-11-22)
 

  • Rescind the staff direction received at the Environment, Infrastructure & Community Services Committee on May 5, 2022; and

    Direct the Director of Recreation, Community and Culture to proceed in working with the LaSalle Park Marina Association to operate the LaSalle Park Community Marina based on the past years’ operating model and confirmation of insurance.

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

18.5
Community Planning, Regulation and Mobility Public meeting of June 14, 2022
This item has attachments. 

1.2022_06_14_Community_Planning_Regulation_and_Mobility_Committee_Minutes.pdf

a.
Applications to amend the Official Plan and Zoning By-law for 1120 Cooke Boulevard (PL-48-22)
 

  • Direct staff to continue to process the submitted applications for Official Plan and Zoning By-law Amendments for 1120 Cooke Boulevard, including evaluating and incorporating any/all comments received by Committee and the public at the Statutory Public Meeting, as well as the comments received through the ongoing technical review of this application by agency partners and internal departments.

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

19.
Motion to Approve Standing Committee Minutes:
 

  • Moved by:Councillor Sharman
    Seconded by:Councillor Nisan

    Approve the following minutes:

    CARRIED

20.
Urgent Business:
 

20.1
Aldershot BIA Member Appointments
This item has attachments. 

1.CL-24-22 - Aldershot BIA Appointments .pdf
2.Appendix A - Letter from Aldershot BIA.pdf
3.Appendix B - ABIA Minutes, May 12, 2022.pdf
  • Moved by:Councillor Galbraith
    Seconded by:Councillor Nisan

    Confirm the following appointments to the Aldershot Business Improvement Board of Management for a term to expire on November 14, 2022 or upon appointment of their successors;
    •Sonia Pagliuso,
    •Mariam Mulkewich,
    •Dr. Kiara Galbreath,
    •Dr. Karen Lee
    •Allen Teska

    Appoint Leslie Bullock to the Aldershot Business Improvement Board of Management for a term to expire on November 14, 2022, or upon appointment of their successor.

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

20.2
CS-08-22 Hamilton Halton Brant Tourism Relief Funding Approval
This item has attachments. 

1.CS-08-22 Hamilton Halton Brant Tourism Relief Funding Approval.pdf
  • Moved by:Councillor Kearns
    Seconded by:Councillor Bentivegna

    Authorize the Mayor and City Clerk to execute on behalf of The Corporation of the City of Burlington the transfer payment, and any other ancillary document (s) or amendment(s), between the City of Burlington and the Hamilton Halton Brant Regional Tourism Association regarding the Hamilton Halton Brant Tourism Relief, to the satisfaction of the Executive Director of Legal Services and Corporation Counsel.

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

21.
Motions of Members:
 

None.

22.
Council Information Package:
 

23.
Motion to Receive and File Information Items:
 

  • Moved by:Councillor Nisan
    Seconded by:Councillor Sharman
    Receive and file Information items, having been considered by Council:  
    CARRIED

23.1
Memorandum regarding public engagement update on Robert Bateman High School land related proposals (CM-17-22)
This item has attachments. 

1.1. Supplemental Memo to public engagement update on Robert Bateman High School land related proposals CM-17-22.pdf
2.2. Robert Bateman Proposals Engagement - Final Project Page Results - Appendix A.pdf
3.3. Robert Bateman Proposals Engagement Questions and Emails for June 21 Report - Appendix B.pdf

23.2
Delegation notes from Jim Thomson regarding LaSalle Park Community Marina (RCC-11-22)
This item has attachments. 

1.Jim Thomson delegation presentation regarding RCC-11-22.pdf
2.Jim Thomson delegation correspondence Need to Amend By-law.pdf

23.3
Correspondence from Jim Thomson regarding Public engagement update on Robert Bateman High School land related proposals (CM-17-22)
This item has attachments. 

1.Jim Thomson correspondence regarding Bateman (CM-17-22).pdf

24.
Motion to Consider Confidential Items:
 

None.

25.
Notice of Motion:
 

None.

26.
Motion to Approve By-Laws:
 

  • Moved by:Councillor Sharman
    Seconded by:Councillor Bentivegna

    Enact and pass the following by-laws which are now introduced, entitled and numbered as indicated below:

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

27.
Confirmatory By-law:
This item has attachments. 

1.52-2022 Confirming by-law Council June 21 2022.pdf
  • Moved by:Councillor Galbraith
    Seconded by:Councillor Kearns

    Enact and pass By-law Number 52-2022, being a by-law to confirm the proceedings of Council at its meeting held Tuesday, June 21, 2022, being read a first, second and third time.

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

28.
Statements by Members:
 

28.1
Statement from Councillor Stolte:
 

Creating and maintaining positive and productive relationships with staff at the City of Burlington is very important in our role as Councillors and it has come to my attention that a direct quote of mine in an article in the Burlington Gazette resulted in a City of Burlington staff member feeling as though their character or reputation had been affected, and this is not something I take lightly.

I would like to express my sincere regret that my involvement in an article in the Burlington Gazette on April 11, 2022 caused distress to Ms. Georgie Gartside as this was absolutely not my intention.

The nature of my interview for that article was very casual regarding the first year of being a new City Councillor and my answer to the general, open-ended question of “what was the first few months like” was described in a casual, storytelling manner which was intended to be only back-ground material for what I assumed would be an edited article.

Had I understood that my general and casual comments were to be printed verbatim in a series of articles I would have taken greater care to ensure that the explanation of my own experiences would not have the potential to negatively impact others.

While I did not mention Ms. Gartside specifically by name, I can certainly appreciate that she felt too easily identified by the comments in the article.

It came to my attention that Ms. Gartside felt that the comments made it sound like she had spoken to her colleagues in a rude manner, that she did not want to be a Councillor Assistant, that she planned to leave the Councillors’ Office as soon as she could and that we did not work well together.

While I absolutely acknowledge Ms. Gartside’s concern that my comments could have been misinterpreted in this manner, I want to state without hesitation that this is certainly not, in any way, what I intended to communicate, and I regret any misunderstanding that caused Ms. Gartside distress.

Ms. Gartside was very professional, upfront and honest in advising me during the first week of the term that her preference would have been to have stayed in the Clerks Department to further her career objectives, and I appreciated that honesty and supported her desire to continue her career path.

Ms. Gartside remained as my Ward 4 Assistant for a period of 7 months in 2018/2019 before being requested to fill a temporary vacancy in the Mayor’s Office and during those 7 months Ms. Gartside was always highly professional, collaborative, polite and helped me to navigate the steep learning curve at City Hall.

Upon hearing of Ms. Gartside’ concern I immediately sent her a private apology as I would never intentionally cause a respected colleague distress.

Ms. Gartside indicated that it was important to her that her colleagues and the public hear directly from me that I have nothing but utmost respect for her work and her commitment to her career and I am more than willing to clear up this misinterpretation if it brings comfort and resolution to a colleague for whom I have nothing but respect for.

I want to conclude by stressing that positive and respectful relationships between staff and Council are important to accomplishing good work for the City and I hope that this apology brings Ms. Gartside some piece of mind.
Thank you.

29.
Motion to Adjourn:
 

  • Moved by:Councillor Kearns
    Seconded by:Councillor Sharman

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

    4:21 p.m.

    CARRIED
No Item Selected