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

    Approve the Burlington Brownfield Focus Community Improvement Plan Report contained in Appendix A as revised (item 16.1) to Burlington Economic Development report ECDEV-01-21, in principle as a policy document; and

    Direct the Executive Director of Community Planning, Regulation and Mobility to work with Burlington Economic Development to prepare the adopting by-laws to enable the Burlington Brownfield Focus Community Improvement Plan in principle as a policy document; and

    Direct the Executive Director of Community Planning, Regulation and Mobility and the Director of Finance to work with Burlington Economic Development to develop a framework and sequencing plan to assess other community improvement needs towards a comprehensive Community Improvement Plan Strategy; and

    Direct the Executive Director of Community Planning, Regulation and Mobility and the Director of Finance to work with Burlington Economic Development to report back to Council in Q4 2021 for consideration of implementation of the Burlington Brownfield Focus Community Improvement Plan Incentive Programs in 2022 and the financial impacts on the 2022 Budget in the context of the proposed comprehensive Community Improvement Plan Strategy.

    CARRIED
  • Motion No.

    Approve the discontinuation of the requirement that charitable/non-profit organizations receive permission from the City of Burlington to conduct Tag Days.

    CARRIED
  • Motion No.

    Authorize the Mayor and City Clerk to execute the Authorized Requester Agreement and any required ancillary documents or amendments to the agreement between Her Majesty the Queen in right of Ontario, as represented by the Minister of Transportation, and the Corporation of the City of Burlington, in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel.

    CARRIED
  • 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 Vision to Focus (V2F) integrated reporting update as of January 2021 as contained in Appendix A of corporate strategy department report CS-02-21.

    CARRIED
  • Motion No.

    Receive and file finance department report F-07-21 providing the financial performance of the 2020 operating budget as at December 31, 2020.

    CARRIED
  • Motion No.

    Approve the 2021 proposed budget for the Burlington Downtown Business Improvement Area (BIA) as presented in Appendix A of finance department report F-08-21 incorporating a Burlington Downtown BIA members’ levy of $815,700; and

    Authorize the Chief Financial Officer to incorporate the resulting Burlington Downtown BIA tax rates into the 2021 Tax Levy By-Law.

    CARRIED
  • Motion No.

    Approve the 2021 proposed budget for the Aldershot Village Business Improvement Area (BIA) as presented in Appendix A of finance department report F-09-21 incorporating an Aldershot Village BIA members’ levy of $223,000; and

    Authorize the Chief Financial Officer to incorporate the resulting Aldershot Village BIA tax rates into the 2021 Tax Levy By-Law.

    CARRIED
  • Motion No.

    Receive and file finance department report F-13-21 regarding remuneration and expenses paid to Council and appointees for 2020.

    CARRIED
  • Motion No.

    Receive and file office of the Mayor report MO-03-21 providing an update on the Mayor and Council members’ attendance at the annual Rural Ontario Municipal Association (ROMA) virtual conference that took place on January 25 and January 26, 2021.

    CARRIED
  • Motion No.

    Approve the following Council appointments to the Burlington Lands Partnership Steering Committee for a term of 2 years (with exception of Chair of CPRM committee which is 1 year concurrently with their term as chair):

    • Mayor; and
    • Current Chair of the Community Planning, Regulation and Mobility Committee.
    CARRIED
  • Motion No.

    Receive and file city manager’s office report CM-05-21 providing status reports for designated corporate projects (for Q4 2020) detailed in Appendix A and an overview of risk management in projects as provided in Appendix B.

    CARRIED
  • Motion No.

    Receive and file report CL-02-21 from the office of the city clerk, providing an update on proposed Council Workshop governance sessions for 2021 and 2022.

    CARRIED
  • Motion No.

    Receive and file finance department report F-03-21, provide the financial status of the city as at December 31, 2020; and

    Approve the establishment of the Federal and Provincial Grant Reserve Fund as outlined in F-03-21; and

    Amend the interest allocation policy as outlined in F-03-21.

    CARRIED
  • Motion No.

    Receive and file finance department report F-06-21 reporting on 2020 year-end financial position.

    CARRIED
  • Motion No.

    Receive and file information technology services department report IT-01-21 providing an update on the Enterprise Resource Planning (ERP) software procurement process.

    CARRIED
  • Motion No.

    Receive and file finance department report F-02-21 providing the status of the contingency reserve fund as at December 31, 2020.

    CARRIED
  • Councillor Galbraith declared a conflict on this item. (The property in question is within 50 meters of Councillor Galbriath's personal residence.)
  • Motion No.


    Direct the Executive Director of Legal Services or their designate to proceed in accordance with the instructions sought in matters 15, 16, 18, 22, 23, 24, 25, 26, 29, 37, and 39 and that the balance of legal department report L-06-21 be received and filed.

    IN FAVOUR: (5)Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, and Councillor Bentivegna
    CARRIED (5 to 0)
  • Motion No.
    IN FAVOUR: (6)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    Absent (1)Councillor Nisan
    CARRIED (6 to 0)
  • Motion No.

    Approve the request by the applicant to remove four (4) City-owned trees in order to proceed with the proposed Plan of Subdivision application File No. 520-06/18 as outlined in roads, parks & forestry department report RPF-04-21; and

    Instruct the applicant, Zeeshan Jafri, Modeno Homes, to provide compensation for the City-owned tree removals by providing cash-in-lieu of replacement totaling $2,000.00. The funds will provide for new tree plantings elsewhere in the City which includes care and maintenance for the first two (2) years; and

    Direct that a tree permit be obtained for the removals and the associated development related permit fee of $680.00 plus HST; and

    Direct that all associated costs with respect to the removal of the trees (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
  • Motion No.

    Receive and file environment, infrastructure and community services report EICS-03-21 regarding Burlington’s upcoming Climate Adaptation Plan.

    CARRIED
  • Motion No.

    Receive and file environment, infrastructure and community services report EICS-05-21 providing One Window service counter and long-term design concepts and schedule for the 1st floor City Hall renovations.

    CARRIED
  • Motion No.

    Direct staff to continue to process and work with the applicant (Glenn Wellings Planning Consultants Inc. on behalf of Millcroft Greens Corporation) with regard to the submitted Official Plan Amendment, Zoning By-law Amendment and and Plan of Subdivision for 2155 Country Club Drive & 4274 Dundas Street.

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

    Endorse, in principle, transportation services report TS-01-21 which presents the findings of the City of Burlington Cycling Plan, recognizing that network recommendations will be incorporated into the forthcoming Integrated Mobility Plan and will be subject to final council approval.

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

    Authorize the Director of Recreation, Community and Culture to implement a pilot park customer experience program in 2021, utilizing service options items 1, 2, 3, 4, 5 and 6 as outlined in report CM-06-21, to an upset limit of $350,000 to be funded through the Recreation, Community and Culture COVID operating cost centre; and

    That amendments to By-law 35-1976, being a By-law to Regulate Public Parks in the City of Burlington, otherwise known as the “Parks By-law”, to update regulations related to bicycle use in parks, be presented to Council for approval in a follow-up report.

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

    That for the purposes of the Priorities Agreement dated March 30, 2011, between the City of Burlington (“BHI”) and Toronto Dominion Bank (“TD”), the Mayor and City Clerk be authorized and directed to execute and deliver a consent authorizing BHI to incur up to an additional $15,000,000 in debt from TD, pursuant to its credit facility agreement dated on or about January 12, 2011 and amended, between TD, as lender, and BHI, as borrower, substantially in the form appended as Appendix A to report F-15-21, 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.

    That as is required by the Shareholder Direction dated October 15, 2019, the City of Burlington, in its capacity as a shareholder of the Burlington Enterprise Corporation, hereby authorizes and approves the increase in indebtedness of Burlington Hydro Inc, from the Toronto Dominion Bank up to an additional amount of $15,000,000, and the Mayor and Clerk are hereby authorized and directed to execute the Resolution of Sole Shareholder substantially in the form appended as Appendix B to report F-15-21, 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.

    The Mayor and City Clerk, for and on behalf of the City, are authorized to negotiate, finalize, execute and deliver any related documents and to do all such other acts and things which the Mayor and City Clerk may determine to be necessary or advisable, or as the City may be advised by counsel are necessary or advisable, to give effect to the recommendations in Report F-15-21 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.

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

    Authorize the Chief Financial Officer to enter into the necessary terms and conditions outlined in the Agreement between the City of Burlington and the Province of Ontario regarding the Inclusive Community Grants Program to the satisfaction of the Executive Director of Legal Services and Corporation Counsel.

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

    Staff be directed to amend the insurance provisions of its Patio Licence Agreement , for the 2021 Patio Season, April 15 - October 31, 2021, to require patio operators to provide liability insurance on public property patios in Burlington in the amount for $2M, naming the City as an additional insured on the policy.

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

Take notice, that at the next regularly scheduled meeting. I intend to move the following motion of reconsideration.
That motion CL-19-20 approved by Council on November 23, 2020 regarding the 2021 Calendar of Meetings be reconsidered for June 2021.
This is due to the FCM conference being set for June 1-4, the month of June will need to be re-aligned to accommodate.

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

    Burlington City Council moved into closed session at 1:43 p.m. in accordance with the following provisions under the Municipal Act, sections 239 (2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, with respect to Legal report L-11-21 regarding outdoor patios, insurance matter.

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

    Burlington City Council moved into public session at 2:28 p.m.

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

    Enact and pass the following by-laws which are now introduced, entitled and numbered as indicated below:

    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 Kearns
    Seconded by:Councillor Galbraith

    ​​Enact and pass By-law Number 24-2021, being a by-law to confirm the proceedings of Council at its meeting held Tuesday, March 23, 2021 being read a first, second and third time.

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

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

    2:57 p.m.

    CARRIED
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