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),
  • Debbie Hordyk,
  • and Angela Morgan (Clerk)

  • Motion No.

    Confirm the minutes of the following meeting of Council:

  • Motion No.
    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Motion No.
    Receive and file city auditor’s office report CA-06-19 providing a summary of the management action plans in progress to address high- and medium-risk issues as detailed in Appendix A.
    CARRIED
  • Motion No.
    Receive and file city auditor’s office report CA-08-19 providing summary of 2018 audit results.
    CARRIED
  • Motion No.
    Receive and file finance department report F-25-19 providing financial highlights for the period ended March 31, 2019.
    CARRIED
  • Motion No.
    Receive and file finance department report F-24-19 presenting information on the external audit results for 2018.
    CARRIED
  • Motion No.
    Receive and file city auditor’s office report CA-07-19 providing summary of audit results – fire emergency communications audit in Appendix A.
    CARRIED
  • Motion No.
    Approve the 2018 consolidated financial statements for the City of Burlington and the local boards, as audited by Deloitte LLP; and
     

    Approve the 2018 financial statements for the Trust Funds of the City of Burlington as audited by Deloitte LLP; and

    Authorize the Director of Finance to publish the statements on the City’s website.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)
  • Motion No.
    Approve the amended 2019 audit work plan adding Customer Relationship Management (CRM) Phase 1 implementation and operations and deferring transit – vehicle and equipment maintenance as attached in Appendix B of the city auditor’s office report (CA-05-19); and
     

    Receive and file city auditor’s office report CA-05-19 providing the status of the 2018 audit work plan (Appendix A), status of the 2019 audit work plan (Appendix C), update of internal audit service reflection & assessment results (Appendix D), budget, and performance metrics (Appendix E) as of April 30, 2019.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Motion No.
    Approve the proposed amendments to the inherent risk assessment methodology as outlined in Appendix B of city auditor’s office report CA-09-19.
    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Motion No.
    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)
  • Motion No.

    Approve the Drury Lane Theatrical Productions Inc. request for Joint Venture Financing up to an amount of $100,000 to support the theatre renovation project as specified in report PR-05-19 in accordance with the City of Burlington’s Joint Venture Policy; and

    Direct the City Clerk to prepare the necessary debenture by-law and obtain necessary approvals for a 10-year non-tax supported debenture to be fully repaid to the City of Burlington by Drury Lane Theatrical Productions Inc.; and

    Authorize the Mayor and City Clerk to sign the necessary agreements prepared to the satisfaction of the City Solicitor, Director of Parks and Recreation and Director of Finance for the financing of the Drury Lane Theatre renovation.

    CARRIED
  • Motion No.

    Approve the updated Investment Policy as outlined in Appendix A of finance department report F-23-19.

    CARRIED
  • Motion No.

    Receive and file correspondence from Vic Djurdjevic, President of Nikola Tesla Educational Corporation regarding the International Association of Horticultural Producer's (AIPH) Exposition 2025.

    CARRIED
  • Motion No.

    Receive and file finance department report F-22-19 providing information on financial results for Burlington Hydro Electric Inc.

    CARRIED
  • Motion No.

    Receive and file capital works department report CW-07-19 regarding the Take Action Burlington – An Update on Our Local Environment report.

    CARRIED
  • Motion No.

    Receive and file finance department report F-31-19 regarding reserve for contingencies - March 31, 2019.

    CARRIED
  • Motion No.

    Receive and file city manger's office report CM-12-19 regarding a letter of understanding.

    CARRIED
  • Motion No.

    Direct the city solicitor or her designate to proceed in accordance with instructions sought in matters 11, 12, 22 and 29 and that the balance of legal department report L-14-19 be received and filed.

    CARRIED
  • Motion No.

    Approve a Lease Agreement with the Burlington Public Library Board for the use of facility space at Brant Hills and Tansley Woods Community Centres as outlined in Report PR-06-19, Appendix A; and

    Authorize the Director of Parks and Recreation to sign the Lease Agreement and any other documentation required, subject to the satisfaction of the City Solicitor; and

    Delegate the authority to the Director of Parks and Recreation to authorize any changes to existing and future shared use Lease Agreements between the City of Burlington and the Burlington Public Library Board.

    IN FAVOUR: (6)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Sharman
    OPPOSED: (1)Councillor Bentivegna
    CARRIED (6 to 1)
  • Motion No.

    Direct staff to submit an Expression of Interest to the Ministry of Municipal Affairs and Housing Central Region by June 14, 2019 deadline under the "review of service delivery and modernization opportunities"; and

    Direct the Director of Finance to single source a third-party consultant to complete this review should the City of Burlington's request for funding be approved by the Ministry of Municipal Affairs and Housing.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)
  • Motion No.

    Approve the filing of articles of amendment by Burlington Hydro Electric Inc to change its name to Burlington Enterprise Corporation as per attached Appendix A; and

    Approve Burlington Enterprises Corporation modifying the size of its board as per attached Appendix B; and

    Approve Burlington Hydro Inc. modifying the size of its board as per attached Appendix C; and

    Authorize the General By-Law of Burlington Hydro Inc. to be presented directly to Council; and

    Authorize the General By-Law of Burlington Enterprises Corporation to be presented directly to Council; and

    Approve the Shareholder Direction as per attached Appendix F; and

    Direct staff to bring forward the reserve fund bylaw to reflect the name change to Burlington Enterprise Corporation.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Motion No.

    Refer capital works department report CW-39-19 regarding Civic Square renewal and Brant Street improvements to the June 11, 2019 Planning and Development Committee meeting.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Motion No.

    Approve funding request in capital works department report CW-21-19 of $80,000 from the Strategic Plan Reserve Fund to retain consultants for the purpose of completing Burlington’s Climate Action Plan; and

    Approve the single source procurement for LURA Consulting (Land Use Research Associates Inc.) to undertake community engagement and SSG (Sustainability Solutions Workers Group Cooperative) to complete the Climate Action Plan, given their experience with the Bay Area Climate Change Office engagement process and the Low Carbon Pathway report for Hamilton and Burlington; and

    Direct the Executive Director of Capital Works to implement option 1 to engage the community and stakeholders; including adding two community engagement workshops to the critical path, to be held September 2019, to develop the Climate Action Plan and report back by December 2019; and

    Approve funding request in capital works department report CW-21-19 of $20,000 from Strategic Plan Reserve Fund to support Burlington’s commitment in 2019 to participate in the Bay Area Climate Change Office and Council, subject to and pending a financial contribution from the City of Hamilton in 2019.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)
  • Motion No.

    Direct the City Clerk to bring forward an amendment to the procedure by-law to change the start time for the daytime portion of the Committee of the Whole and the Planning and Development Committee meetings to 9:30 a.m. beginning with the September 2019 cycle of meetings; and

    Direct the City Clerk, in the event that the Committee of the Whole meeting goes beyond the hour of 10:00 p.m., to indicate a start time of 10:00 a.m. on the meeting agenda for the Planning and Development Committee meeting.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)
  • Motion No.

    Approve the process, as amended, outlined in parks and recreation department report PR-01-19 to approve community events that require an expedited process due to unanticipated circumstances; and

    Amend the process outlined at the bottom of page 3 of report PB-01-19 as follows:

    To manage unanticipated events that require and expedited process in order to proceed, staff are recommending the following process:

    • Where possible, a special council meeting is held if the regular committee and council meeting cycle will not accommodate the event timing
    • Where possible a community organization will be sought to lead the event delivery. In the alternative, parks and recreation department staff will deliver the event.
    • Where timing does not accommodate a regular or special council meeting, decision-making is delegated to the Mayor and City Manager up to a maximum expenditure of $50,000 and an indication of support will be obtained via electronic poll of council.
    • Event is open to the public at no cost.
    • All permit and due diligence will be fast tracked and fully completed as required.
    • Community organization pays for all permits, as per regular process
    • Council can choose to waive some fees or provide additional financial support as they deem appropriate.
    • After the event at the earliest possible opportunity, a report will be provided to committee and council and the public detailing; how decision was made; cost; public participation; business, sponsor, community group, agency or other participation;  impact of event; other details as needed.
    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)
  • Motion No.

    Direct the Director of City Building to report back to council Q3 of 2019 with Zoning By-law amendments to implement the recommended parking rates set out in Appendix 1 and Appendix 2 of planning and building department report PB-43-19.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)
  • Motion No.

    Direct the Director of Parks and Recreation to waive all city fees related to the execution of the Burlington Terry Fox Run in 2019 and future years due to the unique governance structure of the Terry Fox Run Foundation that operates under the following rules:

    • no corporate sponsorship, no entry fee, no minimum donation, not a timed run, family event, all funds raised must be forwarded to the foundation, any goods or services required to hold a Terry Fox Run must be donated or be covered by specific donations from third parties (e.g.  food, service, or security requirements), locally everyone involved with the run is a volunteer, no paid staff.
    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)
  • Motion No.

    Direct the City Clerk to immediately add 'Environmental Impact' as a standard heading to the staff report template.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)
  • Motion No.

    Direct the Director of Transportation to examine accessible parking (number of spaces, stall dimensions, signage and pavement markings) in consultation with the Burlington Accessibility Coordinator, Burlington Accessibility Advisory Committee, Burlington Seniors’ Advisory Committee and Integrated Transportation Advisory Committee and report back to Committee of the Whole in Q4 2019.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)
  • Motion No.

    Direct the Director of Roads, Parks and Forestry to report back to the Committee of the Whole in October 2019 regarding the resources and logistics necessary to expand the Private Tree Bylaw Pilot to encompass all of ward 4, and city wide.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Motion No.
    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)
  • Motion No.

    Receive and file department of city building report PB-22-19 regarding the official plan and zoning by-law amendments for 2069-2079 Lakeshore Road and 383-385 Pearl Street.

    CARRIED
  • Motion No.

    Receive and file mayor’s office report MO-07-19 providing an update on the Red Tape Red Carpet Task Force.

    CARRIED
  • Motion No.

    Direct the Director of City Building to report back to the Planning and Development Committee meeting of September 10, 2019 with additional options, including communication methods, to assist the City of Burlington in addressing panhandling.

    IN FAVOUR: (5)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, and Councillor Stolte
    OPPOSED: (2)Councillor Bentivegna, and Councillor Sharman
    CARRIED (5 to 2)
  • Motion No.

    Refer capital works department report CW-39-19 regarding civic square renewal and Brant Street improvements back to staff.

    IN FAVOUR: (5)Mayor Meed Ward, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Sharman
    OPPOSED: (2)Councillor Galbraith, and Councillor Bentivegna
    CARRIED (5 to 2)
  • Motion No.
    Moved by:Councillor Bentivegna
    Seconded by:Councillor Sharman

    That the City of Burlington supports the May 29, 2019 submissions of the Halton Municipalities to the Review Panel established under the Canadian Environmental Assessment act, 2012 (“CEAA”) including, in particular, the findings that the Proposed CN Milton Logistics Hub Project is likely to cause significant adverse environmental effects, as further outlined in Report No. LPS78-19 re “CEAA Panel Review of the Proposed CN Milton Logistics Hub”, attached as Appendix A (“Regional Report No. LPS78-19”); and

    That the City of Burlington supports the May 29, 2019 submissions for setting out the “interests of the localities” relevant to CEAA and section 98 of the Canada Transportation Act (“CTA”), as further outlined in Regional Report No. LPS78-19; and

    That the City of Burlington supports the future submission to the Canadian Environmental Assessment Review Panel for the Proposed CN Milton Logistics Hub by the Halton Municipalities of such further information, including oral and written presentations and remarks, as advances the May 29, 2019 submissions and matters relevant to the CEAA and section 98 of the CTA, as further outlined in Regional Report No. LPS78-19; and

    That the City Clerk forward a copy of this report to the Canadian Environmental Assessment Review Panel for the Proposed CN Milton Logistics Hub; and

    That the City Clerk forward a copy of this report to the Region of Halton, the Town of Oakville, the Town of Milton, the Town of Halton Hills, Halton MP’s and MPP’s, the Federation of Canadian Municipalities, and the Ontario Ministry of Municipal Affairs and Housing, for their information.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)
  • Motion No.
    Moved by:Councillor Bentivegna
    Seconded by:Councillor Sharman

    Suspend the rules of procedure to waive the requirements of notice to allow for the approval of By-Law 40-2019 regarding the appointment of City Manager for the City of Burlington, in accordance with procedure by-law 64-2016, s. 31.

    CARRIED
  • Motion No.
    Moved by:Councillor Galbraith
    Seconded by:Councillor Nisan
    Receive and file the following Information Packages, having been prepared and distributed to Council:
    CARRIED
  • Motion No.
    Moved by:Councillor Nisan
    Seconded by:Councillor Galbraith

    ​​Enact and pass By-law Number 41-2019, being a by-law to confirm the proceedings of Council at its meeting held Monday, June 17, 2019, being read a first, second and third time.

    CARRIED
  • Motion No.
    Moved by:Councillor Nisan
    Seconded by:Councillor Galbraith

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

    8:27 p.m.

    CARRIED
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