Regular Meeting of Council

Minutes

Meeting #:
Date:
Time:
-
Location:
Council Chambers - members participating remotely
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),
  • Kristin Sprukulis,
  • and Kevin Arjoon (Clerk)

Note: Due to COVID-19 and public health concerns  public attendance was not permitted at this meeting. The Mayor was present in Council Chambers while Councillors participated remotely.


None. 

  • Motion No.
    Moved by:Councillor Galbraith
    Seconded by:Councillor Kearns

    Confirm the minutes of the following meeting of Council:

    CARRIED

This meeting was cancelled. 

  • Motion No.

    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)
  • Motion No.

    Approve By-law 50-2021, respecting the appointment of Chief Building Official, Deputy Chief Building Officials and Building Inspectors and the revisions made that capture departmental role changes, attached as Appendix A to building and by-law department report BB-07-21.

    CARRIED
  • Motion No.

    Approve the grant application for restoration work to front verandah, including sanding, filling and painting to the support columns and sun motif, at 2411 Lakeshore Road in the amount of $904.00 to be funded by the Burlington Community Heritage Fund.

    CARRIED
  • Motion No.

    Direct the Director of Building and By-law to review options for updating by-laws to include mechanisms which will allow staff to remedy community issues related to items such as shipping containers and derelict vehicles and report back with by-law updates in Q1 2022. (SD-26-21)

    CARRIED
  • Motion No.

    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)
  • Motion No.

    Receive and file city auditor’s office report CA-01-21 providing a high-level workplan for the office of the city auditor over the next six months.

    CARRIED
  • Motion No.

    Receive and file finance department report F-30-21 providing financial highlights as at June 30, 2021.

    CARRIED
  • Motion No.

    Receive and file finance department report F-31-21 providing an evaluation of the external auditors.

    CARRIED
  • Motion No.

    Items a to g, i, j, and l,  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)
  • Motion No.

    Receive and file the Vision to Focus (V2F) integrated reporting update as of July 2021 as contained in Appendix A of corporate strategy department report CS-11-21.

    CARRIED
  • Motion No.

    Direct the Chief Financial Officer to report back on the city’s year-end strategy upon confirmation of the 2021 year-end actual.

    CARRIED
  • Motion No.

    Receive and file finance department report F-29-21, providing the financial status report as at June 30, 2021.

    CARRIED
  • Motion No.

    Receive and file office of the mayor report MO-05-21 providing highlights of the Association of Municipalities of Ontario 2021 virtual conference.

    CARRIED
  • Motion No.

    Receive and file office of the city clerk report CL-17-21 providing the annual report from Principles Integrity, Integrity Commissioner for the City of Burlington.

    CARRIED
  • Motion No.

    Receive and file city manager’s office report CM-17-21 providing status reports for designated corporate projects for the period April through July 2021 as detailed in Appendix A.

    CARRIED
  • Motion No.

    Receive and file appendix A of city manager’s office report CM-18-21 providing information about service re-design decisions made under delegated authority during the period July 14 to September 6, 2021; and

    Receive and file appendix B of city manager’s office report CM-18-21 providing an update on the city’s adoption of a hybrid workforce model – city manager’s office; and

    Receive and file appendix C of city manager’s office report CM-18-21 providing interim service delivery modifications approved by the Burlington Leadership Team, Emergency Control Group and/or service leads for facility ventilation - health and safety human resources; and

    Direct the Chief Financial Officer to track and monitor the financial implications of the above service delivery program changes in the ongoing COVID-19 financial impact reporting to Council.

    CARRIED
  • Motion No.

    Receive and file finance department report F-32-21 providing the status of the reserve for contingencies as at June 30, 2021.

    CARRIED
  • Motion No.

    Direct the Executive Director of Human Resources to proceed as outlined in confidential human resources presentation HR-05-21.

    CARRIED
  • Motion No.

    Authorize the City Manager and designated staff to proceed in accordance with the instructions recommended in city manager’s office report CM-21-21.

    CARRIED
  • Motion No.

    Authorize the City Clerk to proceed with the $20,000 in hybrid meeting capital costs as detailed in office of the city clerk report CL-25-21.

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

    Refer the implementation plan of hybrid Council and standing committee meetings back to the City Clerk until such time as there is a much-improved safety environment.

    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)
  • Mayor Meed Ward declared a conflict on this item. (Mayor Meed Ward is named as a party in the litigation matter in Appendix B, Item 42.)
  • Motion No.

    Direct the Executive Director of Legal services or their designate to proceed in accordance with the instructions sought in matters 7, 24 and 36 and receive and file the balance of confidential legal department report L-23-21, minus Appendix B. 

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

    Appendix B of the confidential litigation update be received for information

    IN FAVOUR: (6)Councillor Sharman, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    Absent (1)Mayor Meed Ward
    CARRIED (6 to 0)
  • Motion No.

    Items a to e 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)
  • Motion No.

    Endorse the Cootes to Escarpment EcoPark System 2022-2026 Memorandum of Understanding (MOU), attached as Appendix A to engineering services department report ES-36-21; and

    Authorize the Executive Director of Environment, Infrastructure & Community Services to sign the MOU; and

    Authorize annual contributions as indicated in Schedule B: 2022-2026 expenses and budget of the MOU to support the Cootes to Escarpment EcoPark System operating budget.

    CARRIED
  • Motion No.

    Authorize the Director of Roads, Parks and Forestry to negotiate and enter into on behalf of the City of Burlington, a new boundary highway maintenance and repair agreement between the City of Burlington and the Town of Milton, and any necessary ancillary documents which sets out the roles, responsibilities, and obligations of the parties with respect to shared road segments along the municipal boundary line in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel and with content satisfactory to the Director of Roads, Parks and Forestry; and

    Authorize the Mayor and City Clerk to execute the new boundary highway maintenance and repair agreement between the City of Burlington and the Town of Milton in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel.

    CARRIED
  • Motion No.

    Receive and file roads, parks, and forestry department report RPF-18-21, regarding an update on winter services and disposition of related staff directions; and 

    That council consider during upcoming budget discussions enhancing the service for windrow clearing to twelve hours while keeping the fee at the existing rate for an estimated cost of $7,000, and provide flexibility on the number of spaces, with a report back to council as part of the regular variance reporting; and 

    Direct the Director of Roads, Parks and Forestry to commence discussions with the Halton District School Board in order to add +/-175m of pathway, connecting Blue Spruce Avenue to the rear of Alexander's Public School, to the list of pathways and trails that are maintained in the winter commencing in the 2021/2022 winter season (SD-27-21); and 

    Authorize and direct staff, if necessary, to negotiate, and the Mayor and City Clerk be authorized to enter into an access agreement with the Halton District School Board for pathway plowing on school property, with the content satisfactory to the Director of Roads, Parks and Forestry and in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel; and 

    Direct the Director of Roads, Parks and Forestry to commence discussions with the Halton District School Board and the Halton Catholic District School Board in order to add all remaining unmaintained pathways connecting city streets and school properties in support of active transportation and our City of Burlington Integrated Mobility Plan, to the list of pathways and trails that are maintained in the winter commencing in the 2021/2022 winter season and report back during the upcoming budget discussions (SD-28-21).

    CARRIED
  • Motion No.

    Authorize the Director of Engineering Services to enter into archaeological review agreements and field liaison representative participation agreements for capital projects, which involve a city-initiated archaeological assessment with content satisfactory to the Director of Engineering Services and in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel with the following Indigenous communities:

    • Mississaugas of the Credit First Nation;
    • Six Nations of the Grand River; and
    • Haudenosaunee Confederacy Chiefs Council.
    CARRIED
  • Motion No.

    Award the Request for Tender (RFT) EICS-21-45 for Mountainside Pool Revitalization to Chandos Construction Ltd. for $6,545,925.00 including H.S.T and provisional item(s); and

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

    Authorize the additional funding of $1,050,000 from a transfer of $600,000 of funding from the Infrastructure Renewal Reserve Fund and $450,000 from the Corporate Accessibility Implementation Project; and

    Authorize the City Clerk to prepare and submit for consideration by Council the debenture by-law; and

    Authorize the Mayor and City Clerk to sign any required agreements in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel; and

    Approve the total cost of $6,950,000.00 (Net H.S.T) be charged to Capital Order CC0043 and funded as detailed in Appendix B attached.

    CARRIED
  • Motion No.

    Approve an event called the Burlington Holiday Market as outlined in recreation, community, and culture department report RCC-12-21 for 2021 and 2022, and report back in Q2 2022 on the economic impact of local businesses, cultural impact, and parking/active transportation impact of the new event; and

    Authorize the Director to Recreation, Community and Culture to implement the specific details required to support the various components of the event that are to be hosted on city property.  

    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)
  • Motion No.

    Direct staff to continue to process the submitted official plan and zoning by-law amendments for 40-70 Plains Road East, including evaluating and incorporating any/all comments received by the Committee and public at the Statutory Public Meeting, as well as the comments received through the ongoing technical review of this application by agency partners and internal departments.

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

    Receive and file community planning department report PL-41-21 regarding official plan amendment and zoning by-law amendment applications for 407 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)
  • Motion No.
    Moved by:Councillor Nisan
    Seconded by:Councillor Stolte

    Burlington City Council moved into closed session at 2:43 p.m. in accordance with the following provision under the Municipal Act:

    Pursuant to Section 239(2)(c) of the Municipal Act, a proposed or pending acquisition or disposition of land by the municipality or local board.

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

    Burlington City Council moved into public session at 4:22 p.m. 

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

    Burlington City Council moved into closed session at 6:32 p.m. in accordance with the following provision under the Municipal Act:

    Pursuant to Section 239(2)(c) of the Municipal Act, a proposed or pending acquisition or disposition of land by the municipality or local board.

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

    Burlington City Council moved into public session at 7:58 p.m.

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

    Approve recommendations contained in confidential legal department report L-22-21;

    and Authorize the Mayor and City Clerk to execute any documents in connection with this matter, subject to the satisfaction of the Executive Director of Legal Services. 

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

    City Council endorse the 988 crisis hotline initiative and request the City Clerk to advise the Federal Minister of Health, the Canadian Radio-television Telecommunications Commission, the Greater Toronto and Hamilton Area Municipalities, the Burlington Members of Parliament and the Burlington Members of Provincial Parliament of City Council's endorsement. 

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

    Whereas the Truth and Reconciliation Commission released its final report on June 2, 2015, which included 94 Calls to Action to redress the legacy of residential schools and advance the process of Canadian reconciliation; and

    Whereas the recent discoveries of remains and unmarked graves across Canada have led to increased calls for all levels of government to address the recommendations in the TRC’s Calls to Action; and

    Whereas all Canadians and all orders of government have a role to play in reconciliation; and

    Whereas Recommendation #80 of the Truth and Reconciliation Commission called upon the federal government, in collaboration with Indigenous peoples, to establish, as a statutory holiday, a National Day for Truth and Reconciliation to ensure that public commemoration of the history and legacy of residential schools remains a vital component of the reconciliation process; and

    Whereas the City of Burlington is committed to meeting the TRC’s Calls to Action as they apply to municipalities and supporting the Indigenous community spreading awareness on the history of residential schools; and

    Whereas the Federal Government has announced September 30th, 2021, as the first National Day for Truth and Reconciliation (National Orange Shirt Day) and a statutory holiday;
    Therefore be it resolved that the Council of the City of Burlington does hereby commit to recognizing September 30th, 2021, as the National Day for Truth and Reconciliation (National Orange Shirt Day) by sharing the stories of residential school survivors, their families, and communities.

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

    Whereas schools are an essential service in all communities and should be protected as much as possible from the need to be closed because of COVID-19 spread; and

    Whereas the Halton Regional Council passed a similar resolution on September 15th, 2021,

    Therefore be it resolved that Burlington City Council requests that the Province of Ontario first examine and choose methods to reduce community contacts, should they be required, other than closing schools in order to respond to the rising number of COVID cases; and

    That Burlington City Council endorses the written submission by the Council of Medical Officers of Health to the Province of Ontario regarding this issue; and

    That a copy of this resolution be forwarded to the Premier of Ontario, Minister of Health, Minister of Education, and Burlington’s MPP’s 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)
  • Motion No.
    Moved by:Councillor Galbraith
    Seconded by:Councillor Kearns

    Receive and file information items, having been considered by Council:

    CARRIED

None. 

  • Motion No.
    Moved by:Councillor Galbraith
    Seconded by:Councillor Kearns

    Enact and pass By-law Number 54-2021, being a by-law to confirm the proceedings of Council at its meeting held Tuesday, September 21, 2021, 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)
  • Motion No.
    Moved by:Councillor Nisan
    Seconded by:Councillor Stolte

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

    8:32 p.m.

    CARRIED