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:
  • Hassaan Basit, 
  • David Thompson (Audio/Video Specialist), 
  • Richard Bellemare (Audio/Video Specialist), 
  • Debbie Hordyk, 
  • and Samantha Yew (City 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.


None

  • Moved by:Councillor Bentivegna
    Seconded by:Councillor Stolte

    Approve the September 17, 2024 Council agenda as presented.

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

    Confirm the minutes of the following meeting of Council:

    CARRIED

Councillor Kearns presented a petition with approximately 137 signatures, entitled, Petition against the construction of a 28 Storey condominium at 2030 Caroline St. The petition calls on the City of Burlington to do the following:

We request that the city uphold the original application from this builder (now named Inaria) for an 8 storey medical building and a 6 storey public parking garage the 2030 Caroline St. site.

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

  • IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Approve the City of Burlington continuing with the agreement with the City of Mississauga for Trench Rescue emergency services as outlined in fire department report BFD-05-24; and

    Authorize the Fire Chief to approve and execute the Trench Rescue Agreement, including this amendment and any future amendments in a form satisfactory to the Commissioner, Legal and Legislative Services/City Solicitor.

    CARRIED
  • Accept the findings and recommendations of the ADRO investigation report dated August 27, 2024 attached as Appendix A to legislative services report CL-20-24.

    CARRIED
  • Approve the sole source procurement of the eCheck Automated Compliance solution as our fast-tracking online building permit assessment platform to Archistar Pty Ltd. (”Archistar”) for an initial term of up to five (5) years at total cost of $1,680,944 before HST for acquisition and ongoing licensing; and

    After the initial term, authorize the Chief Information Officer to deem the software legacy should they see fit; and

    Authorize the Manager of Procurement Services to approve change orders to the original contract value for necessary license or software expansion, pending such change orders are within budget; and

    Authorize the Chief Financial Officer to incorporate the ongoing maintenance cost of this software into the multi-year budget simulation for 2026, and

    Authorize the Manager of Procurement Services to execute any required agreement(s), with content satisfactory to the Commissioner, Legal & Legislative Services/City Solicitor and issue any required Purchase Order(s).

    CARRIED
  • Direct the Director of Community Planning to implement the preferred approach identified in community planning department report PL-66-24 and in Appendix A attached to this report in order to advance the work identified in Council Motion ADM-17-23 to:
    “Engage with the community to implement four units as-of-right and other actions identified in the Housing Strategy including implementing opportunities to increase the range of housing options available.”

    CARRIED
  • Direct the Director of Community Planning to prepare and submit comments on PPS, 2024 transition guided by the content of this report and subject to discussion at Committee of the Whole and Council, in advance of the submission deadline of October 4, 2024; and

    Direct the Director of Community Planning to prepare both a strategic and operational approach for consolidating the City’s three Official Plans into a comprehensive community vision within the Burlington Official Plan, 2020, to facilitate efficient implementation of the new PPS alongside a whole range of new local planning responsibilities to support the creation of new housing as discussed in this report.

    CARRIED
  • Receive human resources department report HR-06-24 regarding a confidential labour update on collective bargaining with CUPE 44.

    CARRIED
  • Approve the amendments to the Heritage Property Tax Rebate By-law, as set out in community planning department report PL-65-24; and

    Approve enactment of the by-law to amend By-law 61-2016, substantially in the form attached hereto as Appendix A to community planning department report PL-65-24; and

    Direct the Director of Community Planning to notify owners of designated heritage properties about the changes to the Heritage Property Tax Rebate 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)
  • Direct the Chief Financial Officer to advise Halton Region that the City of Burlington would like to be excluded from the by-law(s) that would implement a Vacant Home Tax within the municipality; and

    Direct the City Clerk to forward a copy of the City of Burlington’s resolution along with finance department report F-27-24 to the Region of Halton, Town of Oakville, Town of Milton and the Town of Halton Hills.

    IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Councillor Sharman declared a conflict on this item. (Item relates to Councillor Paul Sharman)
  • Instruct the Chief Human Resources Officer to proceed in accordance with the instructions sought in confidential motion memorandum (COW-21-24) regarding a personnel matter.

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

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

  • IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Receive city auditor’s office report CA-12-24 providing a summary of the Management Action Plans in progress.

    CARRIED
  • Receive office of the city auditor’s report CA-13-24 providing a quarterly dashboard of City Auditor Key Performance Indicators (KPI’s) attached as Appendix A.

    CARRIED
  • Approve the updated Internal Audit Charter attached as Appendix A of city auditor’s office report CA-15-24.

    CARRIED
  • Receive finance department report F-22-24 providing financial highlights as at June 30, 2024.

    CARRIED
  • Receive finance department report F-29-24 providing the results of the evaluation of the external auditors and fees.

    CARRIED
  • Receive city auditor’s office report CA-14-24 regarding the procurement audit attached as Appendix A.

    CARRIED

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

  • IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Direct the Commissioner of Development and Growth Management to work with CMHC staff to ensure alignment of data definitions, survey processes and protocol, as a means to provide consistent housing start data, and report back to the Pipeline to Permit Committee no later than November 2024. (SD-15-24)

    CARRIED
  • Direct the Commissioner of Development and Growth Management to provide a report on how resubmissions for building permit applications of businesses are managed and report back to Pipeline to Permit Committee on November 5th, 2024. This report should include data on how quickly these are addressed, information on why they are being sent back in the first place and share if any commonalities exist on request for resubmission (i.e. similar minor or major changes details), and options for changes to process in order to enhance timeliness and customer service. 

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

    Enact a by-law to repeal and replace Procedural By-law 31-2021, as amended, as presented as item 22.3 on this agenda with the following amendments:

    1. Add the bolded text to subsection 21.3:

    Items or matters will not be added to the agenda after distribution to Council or Committee unless they are of an urgent nature and require a decision prior to the next Council or Committee meeting or as identified in 21.4. In these cases, an Addendum will be prepared, distributed and posted to the City’s website calendar, not less than 24 hours before the hour appointed for holding the meeting; and

    Add the following subsection to section 21 after 21.3:

    Any reports published on a Council or Committee agenda addendum shall not be of significant length, impact or public interest as determined by the Chair in consultation with the CAO and Clerk. Exceptions to this rule are:

    (a) reports added to an agenda by way of a staff direction at a Council or Committee meeting;
    (b) reports added to an agenda by the Mayor under Section 284 of the Municipal Act;
    (c) where legislated notice has been given for a report’s consideration;
    (d) updates or announcements of significant interest or impact to the City; and
    (e) closed meeting reports.

    2. Amend subsection 31.1 (y) to “Statements by Members and Staff” by adding the words “and Staff” after “Members”; and

    Amend subsection 31.5 to replace the words “Each member” with “Members of Council, the CAO and senior staff”, and add the words “and Staff” after “Statement of Members”:

    Members of Council and senior staff will have a limit of three minutes to speak and the CAO will have 5 minutes to speak, regarding Statements by Members and Staff. Speaking items, and/or time may be extended by a majority vote of the members present. Discussion during this agenda item is non-debatable; and

    Approve the Committee of the Whole meeting chair rotation for the remainder of the 2022-2026 term of Council attached as Appendix C to Office of the City Clerk report CL-01-24.

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

    Amendment 1

    Add the bolded text to subsection 21.3:

    Items or matters will not be added to the agenda after distribution to Council or Committee unless they are of an urgent nature and require a decision prior to the next Council or Committee meeting or as identified in 21.4. In these cases, an Addendum will be prepared, distributed and posted to the City’s website calendar, not less than 24 hours before the hour appointed for holding the meeting.

    Add the following subsection to section 21 after 21.3:

    Any reports published on a Council or Committee agenda addendum shall not be of significant length, impact or public interest as determined by the Chair in consultation with the CAO and Clerk. Exceptions to this rule are:

    (a) reports added to an agenda by way of a staff direction at a Council or Committee meeting;

    (b) reports added to an agenda by the Mayor under Section 284 of the Municipal Act

    (c) where legislated notice has been given for a report’s consideration

    (d) updates or announcements of significant interest or impact to the City; and

    (e) closed meeting reports.

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

    Amendment to Amendment 2

    In the third paragraph remove the words “the CAO” after “Members of Council”, and add “CAO will have 5 minutes to speak” before the word “regarding”:

    Members of Council and senior staff will have a limit of three minutes to speak and the CAO will have 5 minutes to speak, regarding Statements by Members and Staff. Speaking items, and/or time may be extended by a majority vote of the members present. Discussion during this agenda item is non-debatable.

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

    Amendment 2

    Amend subsection 31.1 (y) to “Statements by Members and Staff” by adding the words “and Staff” after “Members”; and

    Amend subsection 31.5 to replace the words “Each member” with “Members of Council, the CAO and senior staff”, and add the words “and Staff” after “Statement of Members”:

    Members of Council and senior staff will have a limit of three minutes to speak and the CAO will have 5 minutes to speak, regarding Statements by Members and Staff. Speaking items, and/or time may be extended by a majority vote of the members present. Discussion during this agenda item is non-debatable.

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

16.1
Motion to approve closed session minutes:

 
  • Moved by:Councillor Kearns
    Seconded by:Councillor Stolte

    Confirm the following closed session minutes:

    CARRIED

a.
Confidential closed session minutes for the Committee of the Whole meeting of September 9, 2024

 
  • Moved by:Councillor Nisan
    Seconded by:Councillor Galbraith

    Whereas the state of health care in Ontario is in crisis, with 2.3 million Ontarians lacking access to a family doctor, emergency room closures across the province, patients being derostered and 40% of family doctors considering retirement over the next five years; and

    Whereas it has becoming increasingly challenging to attract and retain an adequate healthcare workforce throughout the health sector across Ontario; and

    Whereas the Northern Ontario School of Medicine University says communities in northern Ontario are short more than 350 physicians, including more than 200 family doctors; and half of the physicians working in northern Ontario expected to retire in the next five years; 

    Whereas Ontario municipal governments play an integral role in the health care system through responsibilities in public health, long-term care, and paramedicine; and

    Whereas the percentage of family physicians practicing comprehensive family medicine has declined from 77 in 2008 to 65 percent in 2022; and

    Whereas per capita health-care spending in Ontario is the lowest of all provinces in Canada: and

    Whereas a robust workforce developed through a provincial, sector-wide health human resources strategy would significantly improve access to health services across the province;

    Now therefore be it resolved that the Council of the City of Burlington urge the Province of Ontario to recognize the physician shortage in Halton Region and Ontario, to fund health care appropriately and ensure every Ontarian has access to physician care; and

    Be it further resolved that the Clerk forward the resolution to the Honourable Doug Ford, Premier of Ontario, Halton Local Municipalities, the Ontario Medical Association and the Association of Municipalities of Ontario for their information. 

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

    Remove the words (Northern Ontario only); and

    Replace the words "Region of Halton" with "the City of Burlington" in the first operative clause.

    IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Mayor Meed Ward passed the gavel to Deputy Mayor Galbraith to chair this portion of the meeting as she is moving this motion.

    Moved by:Mayor Meed Ward
    Seconded by:Councillor Bentivegna

    Whereas there is a humanitarian crisis unfolding on streets in our cities, large and small, urban and rural, across Ontario. The time for words is over, we need immediate action at all levels of government, starting with the Province; and

    Whereas the homelessness, mental health and addictions crisis continues to grow with 3432 drug related deaths in Ontario and over 1400 homeless encampments across Ontario communities; and

    Whereas the province has provided additional funding and supports, such as the recent investment of $378 million for HART Hubs and 375 supportive housing units, it does not adequately address the growing crisis and the financial and social impact on municipalities and regions across the province; and

    Whereas municipalities and regions are stepping up and working with community partners to put in place community-specific solutions to address this crisis, but municipalities and regions lack the expertise, capacity, or resources to address these increasingly complex health care and housing issues alone; and

    Whereas this is primarily a health issue that falls under provincial jurisdiction and municipalities and regions should not be using the property tax base to fund these programs; and

    Whereas there is no provincial lead focused on this crisis leading to unanswered questions that span over a dozen ministries, and a lack of support to manage the increasing needs of those who are unhoused.

    Therefore, be it resolved that Burlington supports the Solve the Crisis Campaign; and

    Calls on provincial and federal governments to commit to immediate action to solve the Humanitarian Crisis that Ontario is facing as the numbers of unhoused individuals and those suffering with mental health & addictions grows exponentially; and

    That the province officially makes Homelessness a Health Priority; and

    Appoints a responsible Minister and Ministry with the appropriate funding and powers as a single point of contact to address the full spectrum of housing needs as well as mental health, addictions and wrap around supports.

    Further that a copy of this resolution be sent to:
    •    Hon. Doug Ford, Premier of Ontario & Minister of Intergovernmental Affairs
    •    Hon. Sean Fraser, Minister of Housing, Infrastructure and Communities 
    •    Hon. Paul Calandra, Minister of Municipal Affairs and Housing
    •    Hon. Sylvia Jones, Minister of Health
    •    Hon. Vic Fedeli, Chair of Cabinet

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

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


  • Moved by:Councillor Kearns
    Seconded by:Councillor Stolte

    Receive and file Motion Memorandum and Petition regarding the construction of a 28 Storey Condominium at 2030 Caroline St.

    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)
  • Moved by:Councillor Sharman
    Seconded by:Councillor Kearns

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

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

    Enact and pass the following by-law, revised to include the amendments approved in item 15.1:

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

    Enact and pass By-law Number 61-2024 being a by-law to confirm the proceedings of Council at its meeting held September 17, 2024 being read a first, second and third time.

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

    11:24 a.m. (recess), 11:29 a.m. (reconvened)

    Councillor Nisan left the meeting at 9:47 a.m.

    Councillor Nisan returned to the meeting at 10:15 a.m.

    Councillor Nisan left the meeting at 12:01 p.m.

    Councillor Stolte left the meeting at 12:03 p.m.

    Adjourn this Council now to meet again at the call of the Mayor 12:12 p.m.

    CARRIED
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