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, 
  • Shawna Stolte, 
  • Paul Sharman, 
  • and Angelo Bentivegna
Staff Present:
  • Tim Commisso, 
  • Richard Bellemare (Audio/Video Specialist), 
  • Debbie Hordyk, 
  • and Kevin Arjoon (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.

1.
Call to Order:

 

2.
National Anthem:

 

3.
Land Acknowledgement:

 

4.
Regrets:

 

None.

5.
Proclamations:

 

6.
Recognitions and Achievements:

 

None.

7.
Motion to approve Council Minutes:

 
  • Moved by:Councillor Sharman
    Seconded by:Councillor Bentivegna

    Confirm the minutes of the following meeting of Council:

    CARRIED

8.
Presentations:

 

None.

9.
Declarations of Interest:

 

None.

10.
Delegations:

 

11.
Petitions:

 

None.

12.
Recommendations from Standing Committees:

 

There were no recommendations fr0m this meeting.

12.1
Council Workshop meeting of November 29, 2022

This item has attachments. 
1.2022_11_29_Council_Workshop_Committee_Minutes.pdf

There were no recommendations from this meeting.

12.2
Council Workshop meeting of November 30, 2022

This item has attachments. 
1.2022_11_30_Council_Workshop_Committee_Minutes.pdf

There were no recommendations from this meeting.

12.3
Council Workshop meeting of December 12, 2022

This item has attachments. 
1.2022_12_12_Council_Workshop_Committee_Minutes.pdf

There were no recommendations from this meeting.

12.4
Council Workshop meeting of December 15, 2022

This item has attachments. 
1.2022_12_15_Council_Workshop_Committee_Minutes.pdf

There were no recommendations from this meeting.

12.5
Audit Committee meeting of December 14, 2022

This item has attachments. 
1.12_14_22_Minutes _Audit Committee.pdf

All items 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)

a.
Financial highlights for the period ended September 30, 2022 (F-38-22)

 

  • Receive and file finance department report F-38-22 providing financial highlights as at September 30, 2022.

    CARRIED

b.
Summary of in-progress Management Action Plans (CA-11-22)

 

  • Receive and file city auditor’s office report CA-11-22 providing a summary of the Management Action Plans in progress as identified in Appendix A.

    CARRIED

c.
Quarterly dashboard for office of the city auditor (CA-12-22)

 

  • Receive and file office of the city auditor’s report CA-12-22 providing a quarterly dashboard of City Auditor Key Performance Indicators (KPI’s) as identified in Appendix A.

    CARRIED

d.
External audit plan for the fiscal year ended December 31, 2022 (F-37-22)

 

  • Approve the external audit plan for the fiscal year ended December 31, 2022 as presented by Deloitte LLP at the Audit Committee meeting of December 14, 2022.

    CARRIED

e.
Enterprise Resource Planning (ERP) project audit - phase 1 report (CA-09-22)

 

  • Receive and file city auditor’s office report CA-09-22 regarding the Enterprise Resource Planning (ERP) project audit – phase 1 report attached as Appendix A.

    CARRIED

f.
Health & Safety audit report (CA-10-22)

 

  • Receive and file city auditor’s office report CA-10-22 regarding the Health & Safety audit attached as Appendix A.

    CARRIED

12.6
Corporate Services, Strategy, Risk & Accountability meeting of January 9, 2023

This item has attachments. 
1.01_09_23_Post-Meeting Minutes_Corporate Services, Strategy, Risk and Accountability Committee.pdf

Items a, b, c, d, e, f, g, i and j 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)

a.
2022 municipal election accessibility report (CL-02-23)

 

  • Receive and file office of the city clerk report CL-02-23 regarding the 2022 municipal election accessibility report attached as Appendix A.

    CARRIED

b.
Investing in Canada Infrastructure Program - Transit Stream November 2022 intake (CS-03-23)

 

  • Authorize the Mayor and City Clerk to execute the necessary agreements and other related documents or by-laws between the Corporation of the City of Burlington and the Province of Ontario, in relation to the Investing in Canada Infrastructure Program (ICIP) – Transit Stream, should our applications be successful, to the satisfaction of the Executive Director of Legal Services and Corporation Counsel, as outlined in corporate strategy report CS-03-23.

    CARRIED

c.
Safe Restart Funding Municipal Transit Stream - phase 4 funding (CS-04-23)

 

  • Authorize the Mayor and City Clerk to execute on behalf of The Corporation of the City of Burlington the transfer payment agreement, and any other ancillary document (s) or amendment(s), between the City of Burlington and the Province of Ontario regarding the Safe Restart Funding Municipal Transit Stream – phase 4 funding, to the satisfaction of the Executive Director of Legal Services and Corporation Counsel, as outlined in corporate strategy report CS-04-23.

    CARRIED

d.
Senior government funding January status report (CS-05-23)

 

  • 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 National Resources of Canada Zero Emission Vehicle Infrastructure Program (ZEVIP), to the satisfaction of the Executive Director of Legal Services and Corporation Counsel, as outlined in corporate strategy report CS-05-23.

    CARRIED

e.
Halton Court Services 2023 Budget and Business Plan (L-04-23)

 

  • Approve the 2023 Halton Court Services (HCS) budget as presented in legal department report L-04-23; and

    Contribute $50,000 from net revenues to the capital reserve fund during 2023 to ensure that requirements of the Capital Reserve Fund Policy are met; and

    Withdraw $69,000 from the capital reserve fund for computer hard/soft replacements for the computer renewal program; and

    Authorize the Mayors and Clerks of the respective municipal partners, being the Corporation of the City of Burlington, the Corporation of the Town of Oakville, the Corporation of the Town of Halton Hills, and the Corporation of the Town of Milton, to execute any required documents and/or agreements to give effect to the transfer of Part III Provincial Offences Act prosecutions subject to the satisfaction of the Joint Management Board; and

    Request the Mayors and Clerks of the respective municipal partners, being the Corporation of the City of Burlington, the Corporation of the Town of Oakville, the Corporation of the Town of Halton Hills and the Corporation of the Town of Milton, to sign a letter to the Ministry of the Attorney General in support of more Justice of Peace appointments and for those appointments to be in a more timely fashion in an effort to provide a solution to the severe lack of judicial resources.

    CARRIED

f.
Transforming design and delivery of services – evolution of information technology services (ITS) department – Burlington digital service (BDS) (IT-02-23)

 

  • Receive and file information technology services department report IT-02-23 providing background information for upcoming 2023 budget requests and supporting design and evolving organization initiative.

    CARRIED

g.
Non-union compensation updates (HR-01-23)

 

  • Receive and file human resources department report HR-01-23 providing an update on non-union compensation.

    CARRIED

i.
Corporate Continuous Improvement Strategy and Plan – it’s not a mandate, it’s a movement (CS-02-23)

 

  • Endorse the Corporate Continuous Improvement Strategy as outlined in Appendix A to corporate strategy report CS-02-23; and

    Direct the Executive Director of Strategy, Risk and Accountability to hold a workshop in January 2023 to provide Lean Six Sigma White Belt training for all of Council.

    CARRIED

j.
Confidential human resources report providing a bargaining update for Local 1552 (HR-02-23)

 

  • Receive and file confidential human resources department report HR-02-23 providing a bargaining update for Local 1552. 

    CARRIED

h.
2023 budget overview (F-01-23)

 

  • Receive the 2023 proposed budget book; and

    Direct the Chief Financial Officer to present the recommendations in Appendix A of finance department report F-01-23, to the Corporate Services, Strategy, Risk and Accountability Committee meetings of February 6, 7 and 9, 2023 for review and approval, taking into consideration committee amendments.

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

k.
Confidential legal update on a litigation matter regarding 401-417 Martha St. (L-02-23)

 
  • Moved by:Councillor Kearns
    Seconded by:Councillor Stolte

    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-02-23; and

    Instruct the Executive Director of Legal Services and Corporation Counsel or their designate to attend at the Ontario Land Tribunal to oppose the appeal of the applications for 401-417 Martha Street.

    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 Stolte

    Instruct the Executive Director of Legal Services and Corporation Counsel or their designate to proceed in accordance with the instructions sought in confidential legal department report L-02-23; and

    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-02-23; and

    Instruct the Executive Director of Legal Services and Corporation Counsel or their designate to attend at the Ontario Land Tribunal to oppose the appeal of the applications for 401-417 Martha Street.

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

12.7
Community Planning, Regulation & Mobility meeting of January 10, 2023

This item has attachments. 
1.2023_01_10_Community-Planning_Regulation_and_Mobility_Committee_Minutes.pdf

All items 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)

a.
Land Management Database Platform Review overview and results (IT-01-23)

 

  • Receive and file I.T. services department report IT-01-23 providing an overview of the results of, and the next steps resulting from, the provincially funded Land Management Database Platform Review.

    CARRIED

b.
Web Architecture Review (CX-01-23)

 

  • Receive and file customer experience report CX-01-23 transmitting the Enterprise Web Architecture and Modernization Review report and recommendations from KPMG completed through the Audit and Accountability Fund.

    CARRIED

c.
Beachway Park parking operations update (TS-01-23)

 

  • Direct the Director of Transportation Services to discontinue the Parking Ambassador program at Beachway Park, include holidays in the paid parking period, and defer the cessation of the Halton Beach Exemption program to budget discussions.

    CARRIED

d.
Lowville Park summary and recommendations (TS-02-23, SD-01-23)

 

  • Direct the Director of Transportation Services to discontinue the Parking Ambassador program at Lowville Park, effective 2023, and report back in Q1 2023 on the operational model of the uses of the gate system; and

    Direct the Director of Transportation and Director of Recreation, Community and Culture to provide an update report at the May 2, 2023 CPRM meeting to provide recommendations on timelines to undertake a comprehensive study of park operations for Lowville Park, inclusive of parking operations. (SD-01-23)

    CARRIED

e.
Streamline Development Approval Fund (PL-02-23)

 

  • Receive and file community planning department report PL-02-23 which summarizes the methodology and outcomes of the Streamline Development Approval Fund project.

    CARRIED

12.8
Environment, Infrastructure & Community Services meeting of January 12, 2023

This item has attachments. 
1.2023_01_12_Minutes_EICS.pdf

Items a, b and c 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)

a.
Public tree removal report – 2423 Raymore Drive (RPF-01-23)

 

  • Approve the request by the applicant to remove (1) public tree in order to proceed with the proposed two-storey dwelling as outlined in roads, parks & forestry department report RPF-01-23; and

    Instruct the applicant, Ron Crickmore 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 removal 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 tree (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

b.
Recreation Direct Delivered Program update (RCC-01-23)

 

  • Receive and file recreation, community and culture department report RCC-01-23 regarding an update to Recreation Direct Delivered Program.

    CARRIED

c.
Emergency and continuity management program by-law amendment (BFD-01-23)

 

  • Approve By-law 02-2023, a by-law to amend By-law 46-2019, a by-law to provide for an Emergency and Continuity Management Program; and

    Appoint the following positions to the Emergency Control Group (ECG):
    -Deputy Fire Chief/Alternate CEMC as an EOC Manager
    -Mayor and Deputy Mayor (for emergencies) as the Political Liaison Officers
    -Fire Chief as an Operations Section Chief
    -Chief Information Officer as a Planning Section Chief; and

    Appoint the following positions to the Emergency and Continuity Management Program Committee (ECMPC):
    -Deputy Mayor (for emergencies)
    -Executive Director, Community Relations and Engagement or designate
    -Chief Information Officer or designate
    -Chief Emergency Management, Halton Region or designate
    -Manager, Flood Forecasting & Operations or designate, Conservation Halton
    -Emergency Management Coordinator for Halton and Peel or designate, Canadian Red Cross
    -Director, Health and Safety or designate, Burlington Hydro

    CARRIED

d.
Community development/neighbourhood capacity building strategy update (EICS-C-01-23)

 
  • Moved by:Councillor Galbraith
    Seconded by:Councillor Bentivegna

    Delete the last clause and insert the following in its place:

    Discontinue the practice of charging event organizers for adjacent sports fields that can't be booked due to their event or cannot be used by the event organizers.

    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 Galbraith
    Seconded by:Councillor Bentivegna

    Direct the Director of Recreation, Community and Culture to report back by Q3 2023 on the development and advancement of the City’s Community Development/Neighbourhood Capacity Building Strategy including the following elements:

    • Vision, purpose, and goals to increase and build overall community capacity for the long-term-benefit of the city. This element should build on work, resourcing and funding that has been ongoing since 2013.
    • Clarity of scope including definition of Community Development and Neighbourhood Capacity in relation to events, initiatives, activities etc.
    • A proposed organizational design and structure to support the strategy implementation to be integrated into the 2024 and future years Designing and Evolving the Organization (DEOO) process.
    • Integration of the goals and outcomes of the strategy into various affected service business plans, business processes and budgets, including but not limited to: Recreation, Arts & Culture, Parks Design and Construction; Community Design and Development Review, By-law Enforcement and Licensing, Corporate Communications & Engagement, and Parks and Open Space - Maintenance. Such changes may also require amendments to various City master plans.
    • Through strategy formulation an implementation plan will also be required including but not limited to such areas as:
      • Associated city policies/bylaws to facilitate the strategy implementation. For example, policies/bylaws to include associated park rental and other fees, fee waivers and requirements for staff time chargebacks;
      • Review of risk management requirements for neighbourhood events and activities;
      • Integration and alignment of the strategy, with city volunteer management program;
      • Update on existing and proposed future city grants model and other available funding opportunities (e.g. corporate sponsorships) to support neighbourhood events. In developing options for future city grants, consideration to be given for both startup and ongoing annual events; and

    Direct the Executive Director of Environment, Infrastructure and Community Services to provide a brief update for the budget sessions in February 2023 on the requirement for any incremental 2023 one-time funding to support the preliminary work on strategy development (e.g. external consulting support, workshop speakers etc.); and

    Discontinue the practice of charging event organizers for adjacent sports fields that can't be booked due to their event or cannot be used by the event organizers.

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

13.
Motion to Approve Standing Committee Minutes:

 
  • Moved by:Councillor Sharman
    Seconded by:Councillor Galbraith

    Approve the following minutes:

    CARRIED

14.
Urgent Business:

 

14.1
795 Brant Street- Objection to Notice of Intent to Designate (PL-10-23)

This item has attachments. 
1.PL-10-23 795 Brant Street- Objection to Notice of Intent to Designate.pdf
2.Appendix B- 795 Brant Street Statement of Significance.pdf
3.Appendix A- Objection to Intention to Designate 795 Brant Street Burlington - January 12 2023- PL-10-23.pdf
4.Appendix C- 795 Brant Street Draft Designation Bylaw- PL-10-23.pdf
  • Moved by:Councillor Kearns
    Seconded by:Councillor Stolte

    Decline the objection and affirm the decision to 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, consistent with the Council decision on December 13, 2022; and
    Approve By-law 03-2023, attached as Appendix C of Community Planning Department Report PL-10-23, designating the existing building at 795 Brant Street, in accordance with Part IV, Section 29 of the Ontario Heritage Act.

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

15.
Motion to Consider Confidential Items:

 

  • None.

16.
Motions of Members:

 

16.1
Motion regarding Release of Federal and Provincial Documents Related to the Former Mohawk Institute Residential School (ADM-01-23)

This item has attachments. 
1.ADM-01-23 Motion to Release Federal and Provincial Documents Related to the Former Mohawk Institute Residential School.pdf
2.ADM-01-23 Attachment to Jan. 24 MM - City of Brantford Resolution.pdf

Mayor Meed Ward passed the gavel to Deputy Mayor Kearns to chair this segment of the meeting as she was the mover of the motion.

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

    Whereas the Truth and Reconciliation Commission of Canada’s Calls to Action #71 through to #76 on Missing Children and Burial Information calls on all levels of government to release records relating to former residential schools in order to locate, identify, document, maintain, commemorate and protect sites where residential school children were buried at all former residential schools; and

    Whereas Survivors of the Mohawk Institute Residential School are demanding the release of all Federal and Provincial documents related to the former Mohawk Institute Residential School; and

    Whereas the City of Burlington is committed to actively advancing truth and reconciliation through policies, strategies and initiatives;

    Therefore, be it resolved that Council for the City of Burlington support the attached resolution from the City of Brantford, dated May 17, 2022, regarding the Release of all Federal and Provincial Documents Related to the Former Mohawk Institute Residential School, and attached to this motion; and

    Further that a copy of this resolution be sent to: Prime Minister Justin Trudeau; Premier Doug Ford; Minister of Crown-Indigenous Relations Marc Miller; Minister of Indigenous Services, Patty Hajdu; Minister of Families, Children and Social Development, Karina Gould; Minister of Indigenous Affairs, Greg Rickford; Minister of Red Tape Reduction, Parm Gill; Pam Damoff, MP Oakville North-Burlington; Adam van Koeverden, MP Milton; Natalie Pierre, MPP Burlington; Effie Triantafilopoulos, MPP
    Oakville North-Burlington; Region of Halton; County of Brant, Town of Halton Hills; Town of Milton; Town of Oakville; City of Brantford; Chief Mark Hill; Chief Stacey Laforme; the Survivors' Secretariat; and Grandmother’s Voice; Federation of Canadian Municipalities; Association of Municipalities of Ontario; and the Ontario Big City Mayor’s Caucus.

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

16.2
Motion to waive the rules of procedure:

 

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

This item required a 2/3 vote.

  • Moved by:Councillor Galbraith
    Seconded by:Councillor Bentivegna

    Motion to Waive the rules of order in Procedural By-law 31-21 as amended, section 36.2 to waive notice for the motion related to the Hamilton 2030 Commonwealth Games Bid (ADM-02-23).

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

16.3
Motion regarding Letter of support for Hamilton 2030 Commonwealth Games Bid (ADM-02-23)

This item has attachments. 
1.ADM-02-23 Hamilton Commonwealth Games Bid motion.pdf
2.ADM-02-23 Appendix 1 Hamilton Commonwealth Games Bid motion.pdf
3.ADM-02-23 Appendix 2 Hamilton Commonwealth Games Bid motion.pdf
  • Moved by:Councillor Galbraith
    Seconded by:Councillor Bentivegna

    Direct the Mayor to add her signature on behalf of the City of Burlington to a joint letter of support, for the Hamilton 2030 Commonwealth Games Bid, to the Honourable Doug Ford, Premier of Ontario. 

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

17.
Council Information Package:

 

18.
Motion to Receive and File Information Items:

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

19.
Notice of Motion:

 

None.

20.
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: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)

21.
Confirmatory By-law:

This item has attachments. 
1.04-2023 Confirming by-law Council Jan 24 2023.pdf

  • Enact and pass By-law Number 04-2023 being a by-law to confirm the proceedings of Council at its meeting held January 24, 2023 being read a first, second and third time.

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

22.
Statements by Members:

 

23.
Motion to Adjourn:

 
  • Moved by:Councillor Stolte
    Seconded by:Councillor Galbraith

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

    11:10 am

    CARRIED
No Item Selected