Regular Meeting of Council

Minutes

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

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


  • Moved by:Councillor Galbraith
    Seconded by:Councillor Sharman

    Confirm the minutes of the following meeting of Council:

    CARRIED

None.

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



  • IN FAVOUR: (6)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, and Councillor Bentivegna
    Absent (1)Councillor Stolte
    CARRIED (6 to 0)
  • Approve By-law 19-2023 attached as Appendix A to Burlington fire department report BFD-03-22, to amend Rates and Fees By-law 83-2022 to update the Fire Prevention and Fire Emergency Response Rates and Fees to reflect the Ministry of Transportation’s 2023 apparatus rate.

    CARRIED
  • Receive and file recreation, community and culture department report RCC-03-23 providing information on the Parks, Recreation and Cultural Assets Master Plan update.

    CARRIED
  • Receive and file the roads, parks, and forestry department report RPF-03-23, providing an update to the emerald ash borer management plan.

    CARRIED
  • Receive and file building and by-law department report BB-02-23 providing related information for the 2022 annual building permit revenues and expenses.

    CARRIED
  • Receive and file building and by-law department report BB-03-23 and endorse the actions taken by the Director of Building and By-law to date related to the City’s response to the implementation of a Coyote Action and Awareness Program; and

    Direct the Director of By-law Compliance to report back as required with any further updates on the program as well as additional future staffing and other resource requirements to support the City’s Coyote Management Strategy.

    CARRIED
  • Approve By-law No. 20-2023, being the Screening and Hearing Officer By-law, substantially in the form attached as Appendix A to transportation services department report TS-10-23, in the form satisfactory to the Executive Director of Legal Services and Corporation Counsel; and

    Approve Hearing Officer remuneration at the rate of $500 per diem; and 

    Authorize the Director of Transportation Services to execute service agreements/ contracts with each of the appointed Hearing Officers, and any extension thereto, with content satisfactory to the Director of Transportation Services and form satisfactory to the Executive Director of Legal Services and Corporation Counsel.

    CARRIED
  • Receive and file the Park Provisioning Master Plan, listed as Appendix A in engineering services report ES-02-23, as the framework to guide the planning of future parks in the City of Burlington and satisfy Provincial legislative requirements (as amended by Bill 23) to have a park plan in place prior to passing an update to the Parkland Dedication Bylaw; and

    Approve the updated park classification system and authorize the Director of Engineering to report back to Council with an updated inventory of existing parks recategorized within the new classification system; and

    Approve the future parkland target service levels identified in Section 2.5 of the Parks Provisioning Master Plan, listed as Appendix A in engineering services report ES-02-23; and

    Approve the parkland criteria, listed as Appendix B in engineering services report ES-02-23, as a support document to help guide the development community and staff in deciding which lands to obtain through parkland dedication; and

    Direct the Executive Director of Legal Services and Corporation Counsel or designate to develop a proactive strategy to acquire park lands based on service levels set forth in the Park Provisioning Master Plan; and

    Approve monitoring the City’s parkland service levels and acquisition priorities as part of Multi-Year Community Investment Plan reporting and updates to the Vision to Focus; and

    Direct the Director of Community Planning to conduct an exploration of a Community Planning Permit System as a tool to aid in the acquisition of infrastructure, parkland or monetary contribution, in exchange for offering a more streamline and transparent approval process within the Major Transit Station Area (MTSA) specific planning process; and

    Direct the Director of Community Planning to begin work with land owners in the MTSAs or any area of the City subject to an area-specific planning process to guide future development and to identify specific City infrastructure needs; and

    Direct the Director of Engineering Services in consultation with the Director of Community Planning to bring updates throughout the year as well as annually to incorporate new information. (SD-18-23)

    CARRIED
  • Receive and file engineering services department report ES-06-23, Cootes to Escarpment EcoPark System Pilot Ecological Corridor Program update; and

    Authorize the Executive Director of Environment, Infrastructure & Community Services to execute an agreement with Royal Botanical Gardens to recover funds for City projects under the Parks Canada EcoPark System Pilot Ecological Corridor Program, to the satisfaction of the Executive Director of Legal Services and Corporation Counsel.

    CARRIED
  • Direct the Director of Roads, Parks and Forestry to explore costs and options for enhanced city wide windrow removal program, including:
    - Revised cost and criteria in the existing Windrow Clearing Program
    - Increase the program from the current maximum of 200 homes to minimum 500
    - Other relevant options; and

    Report to Environment Infrastructure & Community Services Committee with costs, options (including those ruled out) and any recommendations by Q3 2023 in advance of 2024 budget deliberations.(SD-19-23)

    CARRIED
  • Direct the Executive Director of Community Planning Regulation and Mobility and the Director of By-Law Compliance to work with departmental and legal services staff to undertake a review by Q4 2023 of the framework/policy of zoning, business licensing and resourcing requirements for the development and implementation of a City-wide Short-Term Accommodation (STA) compliance/licensing program (SD-20-23); and

    Direct the City Manager and Chief Financial Officer to work with departmental and legal services staff to fund additional research on municipal leading practices and other supports as may be identified (SD-21-23); and

    Direct the Executive Director of Community Planning Regulation and Mobility and the Director of By-Law Compliance in the undertaking of the development of the STA by-law program, include the following elements:

    • Research on leading GTHA and other municipal practices related to STA by-laws, regulations, compliance and licensing regimes;
    • Establish a Community Task Force to assist in the development of options and recommendations for a ‘Made in Burlington” STA by-law, compliance and licensing regime;
    • Identify potential zoning requirements through Comprehensive Zoning By-law Review; and
    • Identify any ongoing resource requirements in the multiyear 2024-2028 budget forecast (SD-22-23); and

    Direct the City Manager and Chief Financial Officer, in conjunction with the establishment of the governance structure of the new Innovation and Digital Transformation Reserve Fund, to identify as a 2023 workplan priority, the allocation of dedicated project funds towards advancing process change and technology improvement related to the STA regulation, compliance and licensing regime with any additional impacts to AMANDA and the administrative penalty system (APS) (SD-23-23); and

    Subject to Council consideration and approval of the above, direct the Director of the By-law Compliance to integrate the above work into the 2023/24 workplan of the department based on a target date for implementation of Q3 2024 for the STA framework, and report back to Council with a prioritized list of Staff Directions that have been directed toward the department through the 2024 budget process (SD-24-23).

    CARRIED
  • Direct the Director of Recreation, Community and Culture to amend the Events Listing for 2023 and approve the expansion to the annual Lakeside a la Carte Festival event (SD-25-23).

    CARRIED
  • Direct the Director of Recreation, Community and Culture to work with the event organizer to explore alternative options for the location and configuration for the food truck festival outside of the downtown and report back to council in Q3 2023 to provide improved event geographic representation for the 2024 event season (SD-26-23).

    CARRIED
  • Direct the Director of By-law Compliance to create a regulatory and licensing regime for kennel/pet-boarding facilities and integrate the work into the 2023/24 workplan of the department to present necessary by-law amendments or a new by-law to Council in Q1 2024 (SD-27-23).

    CARRIED

Items a. to m. 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 a single source procurement process and ongoing use of ServiceNow platform for the IT Service Management Software replacement and other uses as necessary with CDW Canada Corp. as the implementation partner and reseller for ServiceNow licenses; and

    Authorize the Manager of Procurement Services to issue a purchase order and sign any associated agreements with the vendor named above, with content satisfactory to the Chief Information Officer and in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel.

    CARRIED
  • Authorize and approve the amendment to the Shareholder Direction dated October 15, 2019 to establish a new Dividend Policy between BEC and the City of Burlington as set out in detail in city manager’s office report CM-03-23, in accordance with the Shareholder Direction dated October 15, 2019, and the Corporation of the City of Burlington (“City of Burlington”) in its capacity as a shareholder of the Burlington Enterprise Corporation (“BEC”); and

    Authorize and direct the Mayor and City Clerk to execute the Resolution of Sole Shareholder substantially in the form appended as Appendix A to city manager’s office report CM-03-23, subject to the approval as to form by the Executive Director of Legal Services and Corporation Counsel and approval as to content of the Chief Financial Officer; and

    Direct the City Clerk to consolidate the Shareholders Direction in accordance with the authorized amendments and forward a copy to the BEC.

    CARRIED
  • Receive and file finance department report F-06-23, providing the financial status report as at December 31, 2022.

    CARRIED
  • Receive and file finance department report F-10-23, providing a Bill 23 financial impact analysis.

    CARRIED
  • Receive and file corporate communications and engagement department report CC-01-23 providing a status update on engagement, communications, and volunteers; and

    Approve the continuation of Food for Feedback as an annual engagement event to be located at Central Park and rotate the Food for Feedback engagement event between different suitable locations across the city following the 2023 event.

    CARRIED
  • Receive and file human resources department report HR-03-23, providing a health, safety and wellness review for 2022.

    CARRIED
  • Endorse the Customer Centric Digital Architecture Blueprint contained in Appendix A of report BDS-04-23, including next steps and the CRM Implementation Roadmap inclusive of option 3 of the KPMG report to proceed to adopt and migrate to a new Customer Relationship Management (CRM) platform and;

    Direct the Executive Director of Digital Service and Chief Information Officer to develop plans to achieve the blueprint and verify the approach for the new CRM platform with a report back to Council in Q3 2023 and;

    Direct the Chief Financial Officer to review and report back in advance of the 2024 Budget on the multi-year capital and operating requirements and impacts of the CRM Implementation Roadmap.

    CARRIED
  • Receive and file city manager’s office report CM-02-23 providing status reports for designated corporate projects for the period December 2022 through January 2023 as detailed in Appendix A.

    CARRIED
  • Receive and file finance department report F-13-23 regarding the 2022 year-end financial position.

    CARRIED
  • Receive and file city manager’s office report CM-01-23: Burlington Lands Partnership Update #3 providing an update on potential land partnerships and opportunities and confidential Appendix A providing a closed session update on a confidential land partnership opportunity; and

    Direct the City Manager to proceed as directed based on the closed session staff presentation on a confidential land partnership opportunity.

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

    That Council waive privilege to the planning rationale for the applications at 401-417 Martha Street contained in Appendix B of Report L-21-23 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 the report L-21-23

    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)

    2/3 Vote Achieved


  • Moved by:Councillor Kearns
    Seconded by:Councillor Galbraith

    Waive the Municipal Alcohol Policy, to permit the Sound of Music Festival to serve alcohol starting at 10 am on Sunday, June 18, 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)

    2/3 Vote Acheived


  • Mayor Meed Ward declared a conflict on this item. (Mayor Meed Ward indicated that they have a personal relationship with both the Complainant and Respondent in this matter. Note: The Interest was declared during item 13.2.)

Mayor Meed Ward declared a conflict during the questions to the Integrity Commissioner portion of Item 13.2. (Interest noted under Item 8.1)

Mayor Meed Ward passed the gavel to Deputy Mayor Kearns to Chair this portion of the meeting.

The Mayor then stepped away for the remainder of the item. 

  • Moved by:Councillor Sharman
    Seconded by:Councillor Galbraith

    Direct the City Manager to make arrangements for the conduct of training to be conducted on base principles and the ethical framework applicable to local board members.

    IN FAVOUR: (4)Councillor Sharman, Councillor Galbraith, Councillor Kearns, and Councillor Bentivegna
    Conflict (1)Mayor Meed Ward
    Absent (2)Councillor Nisan, and Councillor Stolte
    CARRIED (4 to 0)

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


  • Moved by:Councillor Sharman
    Seconded by:Councillor Galbraith

    Award the Request for Tender (RFT) EICS-23-09 for the Renovation and Conversion of the former Robert Bateman High School to Norlon Builders London Limited for $51,734,188.44 including H.S.T. (13%); and

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

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

    Authorize the Mayor and City Clerk to sign any required agreements, subject to the satisfaction of the Executive Director of Environment Infrastructure and Community Services as to content and the Executive Director of Legal Services and Corporation Counsel as to form.

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

14.1
Confidential closed session minutes from Corporate Services, Strategy, Risk and Accountability Committee meeting of March 29 and 30, 2023

 
  • Moved by:Councillor Sharman
    Seconded by:Councillor Galbraith

    Approve the confidential Corporate Services, Strategy Risk and Accountability meeting minutes of March 29 and 30, 2023 

    CARRIED

14.2
Confidential closed session minutes from Council Workshop Committee meeting of March 20, 2023

 
  • Moved by:Councillor Sharman
    Seconded by:Councillor Galbraith

    Approve the confidential Council Workshop Committee meeting minutes of March 20, 2023 

    CARRIED

14.3
Memo from Legal staff regarding Confidential legal department update on a litigation matter regarding 401-417 Martha Street (L-21-23)

 

Note: Item 16.2 was moved to Motions of Members, the correct section for the item.

Mayor Meed Ward passed the gavel to Deputy Mayor Kearns to chair this portion of the meeting as she is the mover of this item.

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

    Waive section 36.2 of the Procedure by-law to allow the late submission of a motion memo to the Council agenda.

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

    2/3 Vote Achieved


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

    Whereas the Province of Ontario has committed to supporting municipalities in achieving their housing targets, while promoting financial sustainability; and

    Whereas the Province of Ontario has committed to ensuring municipalities are “kept whole” for any impact to their ability to fund housing enabling infrastructure because of Bill 23, More Homes Built Faster Act, 2022; and

    Whereas a third-party review showed the financial impact resulting from the changes outlined in Bill 23 on the Development Charges and Community Benefit Charges to be $36.6 million and $336 million on parkland for the City of Burlington; and

    Whereas assessment growth alone from new homes will not cover the loss in development charge and parkland revenue; and

    Whereas development in built up areas with some existing infrastructure will also not account for all the costs of new growth, including the need for new parks, transit, community amenities and more community infrastructure that will be required on top of roads, water, and wastewater, to make new communities complete and liveable.

    Therefore, be it resolved that; Burlington City Council calls on the Province of Ontario to fund the third-party audit program as soon as possible in order validate and provide provincial funding to address the City Burlington’s growth-related revenue shortfalls created by recent legislation changes; and

    Further that a copy of this motion be sent to the Premier of Ontario; the Minister of Municipal Affairs and Housing, Steve Clark; the Minister of Finance, Peter Bethlenfalvy; Minister of Red Tape Reduction, Parm Gill; Natalie Pierre, MPP Burlington; and Effie Triantafilopoulos, MPP Oakville North-Burlington; Halton Region; the Association of Municipalities of Ontario; and the Ontario’s Big City Mayors.

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

    Enact and pass By-law Number 23-2023 being a by-law to confirm the proceedings of Council at its meeting held April 18, 2023 being read a first, second and third time.

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

    Councillor Nisan left the meeting at 11:30 a.m.

    10:55 a.m. (recessed), 11:02 a.m. (reconvened), 11:58 a.m. (recessed), 1:01 p.m. (reconvened)

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

    1:45 p.m.

    CARRIED