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, 
  • Paul Sharman, 
  • and Angelo Bentivegna 
Member Regrets:
  • Shawna Stolte 
Staff Present:
  • 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 Bentivegna

    Confirm the minutes of the following meeting of Council:

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

    Waive the rules of procedure to allow a non-registered delegate to speak in accordance with section 46.1 of the Procedural By-law.

None.

Items a, b ,c, d, e, f, g, i, j, l, m, n, o and p 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 office of the city clerk report CL-38-22 regarding the investigation from the Ombudsman, file MUN-16507-0222.

    CARRIED
  • Approve the updated Investment Policy as outlined in Appendix A of finance department report F-10-22.

    CARRIED
  • Receive and file finance department report F-39-22 regarding expenses excluded from the budget to meet the requirements of Regulation 284/09 Municipal Act, 2001.

    CARRIED
  • Renew Sun Life as the provider for the city’s group benefits plan including extended health, dental, long-term disability and life insurance for the benefit year December 1, 2022 to November 30, 2023.

    CARRIED
  • Receive and file city manager’s office report CM-29-22 providing status reports for designated corporate projects for the period July through November 2022 as detailed in Appendix A.

    CARRIED
  • Receive and file finance department report F-40-22, the financial status report as at September 30, 2022.

    CARRIED
  • Receive the options presented in environment, infrastructure and community services report EICS-21-22 regarding the expansion of the Roads Parks and Forestry /Transit Master Plan and direct the Executive Director of Environment Infrastructure and Community Services to report back in Q2, 2023 with additional design considerations and costing for accommodating the city’s long term operational needs at this location; and

    Direct the Chief Financial Officer to incorporate the proposed 10-year financial investments required to accommodate the proposed expansion to the Municipal Operations Campus on Harvester Road as part of the city’s long term Multi-year Community Investment Plan (MCIP); 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 Ontario, in relation to the Investing in Canada Infrastructure Program (ICIP) – Transit Stream, should our application for funding towards the initial phase of the transit facility expansion be successful, to the satisfaction of the Executive Director of Legal Services and Corporation Counsel; and

    Direct the Manager of Realty to report back to committee as required on related property leasing and/or purchase opportunities consistent with the long-term needs as per the Municipal Operations Campus Study.

    CARRIED
  • Approve the revised 2023 calendar of meetings for Council and standing committees attached as Appendix B to office of the city clerk report CL-39-22.

    CARRIED
  • Direct the Chief Financial Officer to consider one-time funding of $200,000 as part of the 2023 budget to support the 2023 external due diligence and project management needs of the Burlington Lands Partnership; and

    Direct the City Manager and the Director of Community Planning to schedule a Council Workshop for Q2-2023 on attainable housing and partnership options; and

    Direct the City Manager and the Executive Director of Legal Services and Corporation Counsel to report back in Q4-2023 with a Strategic Land Policy and strategy that includes a municipal policy directive on surplus school sites which will inform the multi-year community investment plan.

    CARRIED
  • Pursuant to section 40 (4) of Procedure By-law 31-21 as amended, Council brings forward staff directions 1-33 attached as Appendix A to office of the city clerk report CL-37-22 to be actioned in the 2022-2026 term of Council.

    CARRIED
  • Receive and file building and by-law department report BB-15-22 providing background information for upcoming 2023 budget requests.

    CARRIED
  • Receive and file finance department report F-34-22 providing the status of the reserve for contingencies as at September 30, 2022.

    CARRIED

The committee provided instructions to legal department staff in closed session for this item.

 

The committee provided instructions to legal department staff in closed session for this item.

 

  • Approve the appointments for the 2022-2026 term of office for committee Chairs and Vice Chairs; Deputy Mayor with portfolio; Deputy Mayor for ceremonial and emergencies; and to local agencies, boards and committees as outlined in office of the mayor report MO-03-22; and

    Direct the City Clerk to amend Schedule C of Procedure By-law 31-2021, as amended, to reduce the Council composition on the Audit Committee from three members of Council to two members of Council, and bring forward an amending by-law to the Council meeting of December 13, 2022; and

    Direct the City Clerk to draft appropriate amendments to the Procedure By-law 31-2021, as amended, regarding changes to the Deputy Mayor portfolios and election of Chairs and Vice Chairs of standing committees, and report back to the Corporate Services, Strategy, Risk & Accountability Committee by Q1 2023.

    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)
  • Approve the 2023 rates and fees as outlined in finance department report F-24-22, effective January 1, 2023 less the following items:

    •    New park fees outlined on page 20 of the Rates and Fees Schedule and keeping the base park fees for 2023
    •    100% cost recovery notation for the Seniors Bistro; and

    Approve By-Law 83-2022, attached as Appendix A to finance department report F-24-22 and repeal By-Law 61-2021 and Amending By-Laws 20-2022, 28-2022, 41-2022, 60-2022, and 74-2022; and

    Defer the Neighbourhood Park Event Fee to staff for a report back to January Environment, Infrastructure and Community Services meeting.

    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 Kearns
    Seconded by:Councillor Bentivegna

    Remove from Fees and Charges By-law the 100% cost recovery for the Seniors Bistro.

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

    Defer the Neighbourhood Park Event Fee to staff for a report back to January Environment, Infrastructure and Community Services meeting.

    IN FAVOUR: (4)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, and Councillor Nisan
    OPPOSED: (2)Councillor Sharman, and Councillor Bentivegna
    Absent (1)Councillor Stolte
    CARRIED (4 to 2)

The committee provided instructions to legal department staff in closed session for this item.

  • Moved by:Councillor Bentivegna
    Seconded by:Councillor Nisan

    That Council waive privilege with respect to the following portions of the in-camera resolution passed  at Committee and that solicitor-client privilege be maintained in all other respects over the balance of L-49-22:

    Direct the ED of Legal Services & CC, or her designate to advise counsel for Millcroft Greens that the City is opposed to the proposed applications, save and except for Area E which Council supports in principle,  and to finalize an Issues List supporting that opposition; 

    Authorize the ED of LS & CC, or her designate, to attend at the Ontario Land Tribunal to represent the City’s interests and position on the appeal of the Official Plan Amendment, Zoning By-law Amendment and Plan of Subdivision by Millcroft Greens Corporation; and 

    Direct the Mayor to work with the Ward Councillor and Deputy Mayor for Housing to bring a resolution to Burlington City Council and Regional Council seeking the province declare a provincial interest in Millcroft Greens. 

    CARRIED (6 to 0)
  • Moved by:Councillor Galbraith
    Seconded by:Councillor Kearns

    That Council waive privilege to the planning rationale for the applications at 40-70 Plains Road East contained in Appendix B of confidential legal department report L-50-22, and confirm that the City has accepted the Offer to Settle; and

    That solicitor client privilege continue to apply for all purposes for the balance of report L-50-22.

    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)

Items a, b, c, d, e and i 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)
  • Approve the proposed amendments to Zoning By-law 2020 as outlined in community planning department report PL-75-22; and

    Enact By-law 2020.446 as outlined in Appendix B to community planning report PL-75-22; and

    Enact By-law 2020.447 as outlined in Appendix C to community planning report PL-75-22.

    CARRIED
  • Receive and file community planning department report PL-79-22 regarding Official Plan and Zoning By-law amendment applications for 1010 Downsview Drive and 355 Plains Road East.

    CARRIED
  • Endorse the approach to implement the Provincially mandated changes resulting from Bill 109 as outlined in community planning department report PL-69-22; and

    Approve Official Plan Amendment No. 130 to the City of Burlington Official Plan, as provided in Appendix A of community planning department report PL-69-22, to implement Bill 109 legislation; and

    Deem that Section 17(21) of The Planning Act has been met; and

    Instruct the City Clerk to prepare the necessary by-law adopting Official Plan Amendment No. 130, as contained in Appendix A of community planning department report PL-69-22.

    CARRIED
  • Receive and file Burlington Economic Development report ECDEV-02-22 regarding Burlington Economic Development Performance and Strategy Update.

    CARRIED
  • Approve the applications for Official Plan and Zoning By-law amendments, to permit a three (3) storey office building including training facilities and a veterinary clinic; and

    Approve Official Plan amendment No. 131 to the City of Burlington Official Plan, as provided in Appendix D of community planning department report PL-74-22, to increase the maximum permitted floor area ratio and increase the permitted total floor area of an ancillary service commercial use; and

    Deem that Section 17(21) of the Planning Act has been met; and

    Instruct the City Clerk to prepare the necessary by-law adopting Official Plan Amendment No. 131 as contained in Appendix D of community planning department report PL-74-22; and

    Approve Zoning By-law 2020.448, attached as Appendix E of community planning report PL-74-22, which amends the site-specific “BC1-225” zone of the subject lands; and

    Deem that the amending zoning by-law will conform to the Official Plan for the City of Burlington once Official Plan amendment No. 131 is adopted; and

    State that the amending zoning by-law will not come into force and effect until Official Plan amendment No. 131 is adopted.

    CARRIED
  • Direct the Director of Community Planning to provide any additional comments based on feedback at the December 6 CPRM Committee to the Province in advance of Council approval on December 13, 2022.

    CARRIED
  • State an intention to designate the property at 795 Brant Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Heritage Evaluation of 795 Brant Street prepared by AECOM, dated November 23, 2022; and

    Direct the Director of Community Planning to provide notice of Council’s intention to designate 795 Brant Street, in accordance with section 29 (3) and 29 (4) of the Ontario Heritage Act; and

    Direct the City Clerk to present the draft designation by-law to Council for approval within 120 days after the date of publication of the notice of intention to designate 795 Brant Street, provided there is no objection or withdrawal; and

    Direct the City Clerk to take the necessary actions in the event of any objection to the notice of intention to designate pursuant to Part IV of the Ontario Heritage Act, sections 29 (5) and 29 (6).

    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)
  • Direct the Director of Community Planning to add the following list of properties 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:

    353-355 Brant St
    2010 Maria St
    468 Elizabeth St
    441 Elizabeth St
    436 Pearl St
    488 Locust St; 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 report back no later than 120 days after notices are sent out presenting all the objections received; and

    Following completion of the Downtown Cultural Heritage Landscapes Study, direct the Director of Community Planning to re-assess the eligibility of the above listed properties for continued inclusion on the Heritage Register and report back to City Council with a recommendation; and

    Direct staff to conduct an assessment of the heritage value of 488 Locust Street and report back to CPRM in February. (SD-28-22)

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

    Direct staff to conduct an assessment of the heritage value of 488 Locust Street and report back to CPRM in February.

    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)
  • Endorse, in principle, the Draft Patio Design Guidelines attached as Appendix B to community planning department report PL-76-22, with modifications as a result of additional stakeholder consultation to be included in a report to Council in February 2023; and


    Direct the Director of Community Planning to continue the existing Temporary Patio Program into 2023, with associated fee waivers, $2 million liability insurance and no new additional fees; and


    Direct the Mayor to work with the Deputy Mayor of Community Engagement and Partnerships and Deputy Mayor of Recreation and Community Services to convene a stakeholder meeting toward a permanent patio program and support to our hospitality industry; and


    Direct the Chief Financial Officer to report back on the use of the Municipal Accommodation Tax (MAT) for the 2023 season for centrally managed patio walkway system to furnish the public realm and deliver enhanced safety and support active transportation; and


    Direct the Director of Community Planning to report back in February 2023 around options for beautification of traffic barriers, cost options, and funding options, including a scoped option for the 2023 season for areas with contiguous patios through a centrally managed patio walkway system; and


    Direct the Director of Community Planning to provide an overview of strategic community development options, including but not limited to a CIP and/or upper level government funding options and anticipated timeframe at the February 2023 CPRM meeting (SD-27-22).

    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 Kearns
    Seconded by:Councillor Bentivegna

    Amend motion 12.3 h., the City of Burlington Outdoor Patio Program as follows:
    1. Delete the word “final” from clause 1. 
    2. Insert the word “Temporary” before the words patio program in clause 2.  
    3. Insert the word “2023” after the words February in clause 4 and add the following: 
    “, including a scoped option for the 2023 season for areas with contiguous patios through a centrally managed patio walkway system” 
    And delete “ Appendix B” 
    4. delete clause five and replace with the following: 
    Direct the Director of Community Planning to report back in February 2023 around options for beautification of traffic barriers, cost options, and funding options, including a scoped option for the 2023 season for areas with contiguous patios through a centrally managed patio walkway system; and
    5.  Delete clause 7 as this has been completed through the proposed Fees and Charges amendment By-law 83-2022.

    CARRIED (6 to 0)

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

  • IN FAVOUR: (5)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, and Councillor Nisan
    Absent (2)Councillor Stolte, and Councillor Bentivegna
    CARRIED (5 to 0)
  • Approve the compensation model for Burlington Volunteer Firefighters be changed from the honorarium renumeration (point system) to an hourly rate that would compensate volunteer firefighters in accordance with the minimum wage provisions of the Employment Standards Act as generally described in report fire department report BFD-04-22.

    CARRIED
  • Direct the Director of Engineering Services to provide a staff report in January 2023 with options and recommendations related to the immediate resource requirements of the Site Engineering section to effectively deliver the fundamental components for timely review and processing of development application approvals.  This report is to include, but not be limited to the following:

    • Identification of the resources required to meet Site Engineering’s current backlog and projected ongoing high volume of development applications
    • Analysis of resources (staffing/external contracted services) and related operating costs and recommendations based on objective of achieving full fee recovery. To the extent that any net tax-supported funding is required, identify the impact of the recommendations of the report on the 2023 Proposed Operating Budget; and

    Direct the Executive Director of Community Planning, Regulation and Mobility and the Executive Director of Environment, Infrastructure and Community Services to provide a report back in Q2 on the following:

    • An update on all active development applications by application type and application status inclusive of backlogged files and estimated timelines for completion
    • Similar to the Site Engineering report in Jan 2023, present options and recommendations to address the immediate resource needs related to other key functional areas within the development application approval process, including but not limited to Transportation Planning, Planning Implementation and Forestry. The report should also address the known and anticipated impacts on development application processing of new Provincial legislation Bill 109, proposed Bill 23 and any other Provincial legislation changes that may be proposed in the intervening time.
    CARRIED
    1. Approve the overall proposed Phase 1 facility design/development program budget for the adaptive reuse of the Robert Bateman High School inclusive of the following major elements and gross cost estimates based on Class B design estimates:

    Base Building

    Phase 1 Base Building Construction:               $41,700,00

    Design and Engineering/Other Soft Costs:       $15,000,000

    Total Base Building Construction Cost:             $56,700,00

    Recommended Energy Reduction Incentives:  $5,250,000

    Total Recommended Base Budget:                   $61,950,000

    Optional Enhanced Energy Incentives
    (subject to confirmation of Senior
    Government funding application):        
                 $10,800,000

    Total Gross Construction Estimated Cost:        $72,750,000

    1. Approve the proposed Capital Financing Plan for the adaptive reuse of the Robert Bateman High School inclusive of the following:

    Proposed Net Capital Financing:

    Tenant Direct Capital Contributions (Cash):       $7,100,00

    Non-Tax Supported Debt Financing:

    Tenant Recovery:                                                $11,750,000

    Special Circumstance Debt (SCD) Financing:    $4,000,000

    Tax Supported Debt Financing:                           $45,900,000

    Senior Government Funding (subject to
    confirmation by Senior Government):                 
    $4,000,000

    Total Proposed Capital Financing:                       $72,750,000

    Direct the Executive Director of Environmental, Infrastructure & Community Services to proceed with next steps for prequalification of General Contractor and tendering of the phase 1 construction contract in Q1-2023 for the renovation to the Robert Bateman Highschool into a community hub; and

    Direct the Executive Director of Environment Infrastructure and Community Services to report back in Q2 2023 on the process, timelines and estimated capital and operating costs related the Phase 2 facility development inclusive of the new City Community Center and other future community partner uses, the process for naming and branding inclusive of sponsorship opportunities of the new facility; and

    Direct the City Manager and the Chief Financial Officer to report back in Q2-2023 with an update on the Multi-year Community Investment Plan (MCIP) inclusive of the capital costs, financing and estimated timelines for Phase 1 of this project, and consideration of a future Phase 2; and

    Direct the Director of Transit to report back in Q1 of 2023 on an integrated transit plan that includes site facilities, connections to the Go Transit and Burlington Transit networks and active transportation initiatives; and

    That the City Manager report back by Council to verify the net new community space, retained space, and brand new community space through the Bateman project for both phase one and phase 2. (SD-29-22)

    IN FAVOUR: (5)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, and Councillor Nisan
    Absent (2)Councillor Stolte, and Councillor Bentivegna
    CARRIED (5 to 0)
  • Receive and file Information items, having been considered by Council:
  • Moved by:Councillor Galbraith
    Seconded by:Councillor Nisan

    Waive notice in accordance with the Public Notice Policy with respect to item 21.5 procedure by-law amendment 86-2022.

    IN FAVOUR: (5)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, and Councillor Nisan
    Absent (2)Councillor Stolte, and Councillor Bentivegna
    CARRIED (5 to 0)
  • Moved by:Councillor Sharman
    Seconded by:Councillor Nisan

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

    IN FAVOUR: (5)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, and Councillor Nisan
    Absent (2)Councillor Stolte, and Councillor Bentivegna
    CARRIED (5 to 0)
  • Moved by:Councillor Galbraith
    Seconded by:Councillor Nisan

    Enact and pass By-law Number 87-2022 being a by-law to confirm the proceedings of Council at its meeting held December 13, 2022 being read a first, second and third time.

    CARRIED (5 to 0)
  • Moved by:Councillor Kearns
    Seconded by:Councillor Sharman

    Adjourn this Council now to meet again at the call of the Mayor. 3:32 p.m.

    Councillor Kearns attended at 1:08 p.m.

    Councillor Nisan attended at 1:27 p.m.

    Councillor Bentivegna left at 2:55 p.m.

    CARRIED