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, 
  • David Thompson (Audio/Video Specialist), 
  • 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.


None.

  • Moved by:Councillor Galbraith
    Seconded by:Councillor Kearns

    Confirm the minutes of the following meeting of Council:

    CARRIED

None.

Items a, b, c, e, f, g, h, 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)
  • Receive and file Vision to Focus (V2F) integrated reporting update as of December 31, 2022, as contained in appendix A of corporate strategy report CS-06-23.

    CARRIED
  • Repeal the Protection of Privacy and Confidentiality of Information Policy attached as appendix A to Office of the City Clerk report CL-01-23; and

    Approve the Privacy and Protection of Personal Information Policy attached as appendix B to Office of the City Clerk report CL-01-23;

    CARRIED
  • Receive and file finance department report F-04-23 regarding the Hydro 2023 business plan.

    CARRIED
  • Direct the Director of Community Planning, Regulations & Mobility and all applicable development review staff to prioritize the Better Life Retirement Residence – 4103 Palladium Way file in order to meet provincial funding deadlines and ensure viability of the project. (SD-02-23)

    CARRIED
  • Direct the Director of Community Planning, Regulations & Mobility to:

    Review the current condition of 496 Walker’s Line, assess its continued eligibility for designation under Part IV, Section 29 of the Ontario Heritage Act and update the statement of significance for the property to reflect current property conditions and legislative requirements; and

    Consult the Heritage Burlington Advisory Committee to obtain their recommendations concerning the eligibility of 496 Walker’s Line for inclusion on the Heritage Register under Part IV, Section 27(3) of the Ontario Heritage Act and for heritage designation under Part IV, Section 29 of the Ontario Heritage Act; and

    Report back to City Council in Q2 2023 with the Heritage Burlington Advisory Committee recommendations and the updated statement of significance for the property. (SD-03-23)

    CARRIED
  • Receive and file confidential legal services department report L-03-23 regarding appeals of the Parkland Dedication By-law 62-2002.

    CARRIED
  • Receive and file confidential legal services department report L-07-23 providing an update on a litigation matter regarding Nelson Aggregates.

    CARRIED
  • Direct the Director of Recreation, Community and Culture to approve the continuation of the Burlington Holiday Market contingent on the alignment with the annual Santa Claus Parade and address concerns expressed around the areas that are prone to high winds creating a wind tunnel within the event footprint; and

    Direct the Deputy Mayor of Engagement and Partnerships to work in collaboration with the City Manager or delegate to explore and report back on partnership opportunities for the Burlington Holiday Market. (SD-07-23)

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

2/3 vote of Council achieved.

  • Moved by:Councillor Stolte
    Seconded by:Councillor Kearns

    That Council waive privilege with respect to the following portions of the closed session resolution passed at Committee and that solicitor-client privilege be maintained in all other respects over the balance of L-11-23

    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 Stolte
    Seconded by:Councillor Kearns

    That Council direct the Executive Director or her designate to attend at the Ontario Land Tribunal hearing to support the minor variance applications for the property 3500 Ketelbey Court.

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

Note: The motion was separated and voted on clause by clause.

  • Approve the 2023 Operating Budget including any budget amendments approved by the Corporate Services, Strategy, Risk and Accountability Committee to be applied against the proposed net tax levy amount of $219,206,545; and

    IN FAVOUR: (6)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, and Councillor Stolte
    OPPOSED: (1)Councillor Bentivegna
    CARRIED (6 to 1)
  • Approve the 2023 Capital Budget for the City of Burlington, with a gross amount of $72,572,264 with a debenture requirement of $5,500,000, and the 2024-2032 capital forecast with a gross amount of $805,460,537 with a debenture requirement of $35,725,000 as outlined in report F-01-23-1 and as amended by the Corporate Services, Strategy, Risk & Accountability Committee; and

    IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Approve that if the actual net assessment growth is different than the estimated 0.60%, any increase in tax dollars generated from the City portion of assessment growth from the previous year be transferred to the Tax Rate Stabilization Reserve Fund or any decrease in tax dollars generated from the City portion of assessment growth from the previous year be funded from the Tax Rate Stabilization Reserve Fund; and

    Administer the debenture in the amount of $5,500,000 in 2023 as tax supported debt; and

    Declare that, in accordance with sis. 5(1)5 of the Development Charges Act, 1997 and s. 5 of Ontario Regulation 82/98, it is Council’s clear intention that the excess capacity provided by the above-referenced works will be paid for by future development charges. 

    IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Receive and file confidential legal services department memo regarding contingency reserve fund projections (L-13-23)

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

Note: In review of this item Council also considered the information provided in Item 19.2.

  • Moved by:Councillor Kearns
    Seconded by:Councillor Stolte

    Direct the Director of Community Planning to report back on the status of Files 505-06/21 & 520-07/21, pending the completion of the Phase 2 Flood Hazard and Scoped Stormwater Management Assessment, by the end of Q2 2023; and

    Direct the Director of Community Planning and the Director of Engineering to assign priority and appropriately resource the on-going reviews of Files 505-06/21 & 520-07/21 in an effort to finalize the reviews and make a final staff recommendation to Council once the Phase 2 Flood Hazard and Scoped Stormwater Management Assessment is completed, released and incorporated into proposed development (if required); and

    Direct the Director of Community Planning to report back, following completion of the Phase 2 Flood Hazard and Scoped Stormwater Management Assessment, with a list of any other active development applications that may be impacted by the results of that assessment; (SD-04-23) and

    Direct the City Manager or designate to convene a bi-weekly meeting with the applicant, consultant, city staff and relevant external agencies, and establish a timeline for reporting and completion or various elements of the project; (SD-05-23) and

    Direct the Executive Director of Environment Infrastructure and Community Services to review the timeline of this process, dating back to commencement of the study up to today, and projecting forward to completion; and

    Provide a list of potentially affected applications after October 2021 by way of memorandum through the next CIP. (SD-06-23)

    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

    Direct the City Manager or designate to convene a bi-weekly meeting with the applicant, consultant, city staff and relevant external agencies, and establish a timeline for reporting and completion or various elements of the project; and

    Direct the Executive Director of Environment Infrastructure and Community Services to review the timeline of this process, dating back to commencement of the study up to today, and projecting forward to completion; and

    Provide a list of potentially affected applications after October 2021 by way of memorandum through the next CIP.

    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 Bentivegna
    Seconded by:Councillor Galbraith

    Approve the appointments to the Burlington Seniors’ Advisory Committee, Burlington Inclusivity Advisory Committee, Heritage Burlington Advisory Committee, Burlington Agricultural and Rural Affairs Advisory Committee, Burlington Mundialization Committee, Burlington Integrated Transportation Advisory Committee, Burlington Accessibility Advisory Committee and Audit Committee as outlined in confidential appendix A of office of the city clerk’s report CL-04-23 and following approval from Council make the recommended names for appointments public.

    Approve the following appointments to the Burlington Seniors’ Advisory Committee for a term to expire on December 31, 2024:
    • John Kalbfleisch
    • Margaret Doma
    • Marilyn Baker
    • Peter Buckley
    • Yaya Andrade
    • Jill Randall
    • Kerry McGregor
    • Ron Minaker
    • Steve Shuta
    • Heather Westhaver (Burlington Public Library)

    Approve the following appointments to the Burlington Inclusivity Advisory Committee for a term to expire on December 31, 2024:
    • Hanadi Almasri
    • David Mahon
    • Vwede Obahor
    • Niyi Olusoga
    • Vishesh Pandya
    • Surbhi Malhotra
    • Ayotunde Samuel Bolaji
    • Jarred Sanchez-Cacnio
    • Reah Shin
    • Ashley Wall
    • Charles McGreggor
    • David Quezada (Burlington Public Library)

    Approve the following appointments to the Heritage Burlington Advisory Committee for a term to expire on December 31, 2024:
    • Marsha Paley
    • Andy Lyster
    • Deanne Mayall
    • Alan Harrington (Burlington Historical Society rep)

    Approve the following appointments to the Burlington Agricultural & Rural Affairs Advisory Committee for a term to expire on December 31, 2024:
    • Maura Romanelli
    • Sarah Pralet
    • Krista Harrington
    • Glenn Portch
    • Charles Nyland
    • John Timmis

    Approve the following appointments to the Burlington Integrated Transportation Advisory Committee for a term to expire on December 31, 2024:
    • Irene MacDonald
    • Ian Catton
    • Andrea Grebenc
    • Thomas Hayes

    Approve the following appointments to the Burlington Mundialization Committee for a term to expire on December 31, 2024:
    • Hassan Raza
    • Marybeth Curtin
    • Paige Butler
    • Paula Hearn
    • Rob Lyng
    • Roberto Godoy
    • Sriti Mizan

    Approve the following appointments to the Burlington Accessibility Advisory Committee for a term to expire on December 31, 2024:
    • Cindy Bond
    • Patricia Debly
    • Osob Adus
    • Cheryl Hurst
    • Don Prescott
    • Brian Sylvester
    • David Owen
    • Adam Spencer
    • Ken Harris

    Approve the following appointments to the Audit Committee for a term to expire on December 31, 2026:
    • Mathew Moore
    • Etienne Durafour
    • Michael Di Iulio
    • Kartik Gupta

    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 Nisan

    That Council proceed into closed session at 11:24 am, for a verbal update regarding a Human Resources matter, Pursuant to Section 239(2)(b) of the Municipal Act, personal matters about an identifiable individual, including municipal or local board employees for item 15.3.

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

15.1
Confidential closed session minutes from Committee of the Whole meeting held February 1, 2023

 
  • Moved by:Councillor Kearns
    Seconded by:Councillor Sharman

    Approve the confidential Committee of the Whole meeting minutes of February 1, 2023

    CARRIED

15.2
Confidential closed session minutes from Corporate Services, Strategy, Risk and Accountability Budget Committee meeting held February 6. 2023

 
  • Moved by:Councillor Kearns
    Seconded by:Councillor Sharman

    Approve the confidential Corporate Services, Strategy, Risk and Accountability Budget Committee meeting minutes of February 6, 2023

    CARRIED

15.3
Closed session verbal update regarding a Human Resources matter.

 

15.4
Confidential memorandum regarding 3500 Ketelbey Court (L-15-23)

 

This item was voted on during public session at item 12.1 k.

No discussion.

15.5
Appendix A, Appointments to Advisory Committees and Audit Committee (CL-04-23)

 

This item was voted on during public session at item 14.3

No discussion.

Staff provided a verbal update regarding item 15.3 Human Resources matter.

  • Moved by:Councillor Sharman
    Seconded by:Councillor Kearns

    Enact and pass By-law Number 05-2023 being a by-law to confirm the proceedings of Council at its meeting held February 14, 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)
  • Moved by:Councillor Stolte
    Seconded by:Councillor Bentivegna

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

    12:04 p.m.

    CARRIED