The Burlington Record

Regular Meeting of Council

September 20, 2022

Who was there

Present (7): Angelo Bentivegna, Kelvin Galbraith, Lisa Kearns, Rory Nisan, Paul Sharman, Shawna Stolte, Marianne Meed Ward

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (18 motions)

17 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.

the minutes of the following meeting of Council:
Moved by Councillor Bentivegna, seconded by Councillor Sharman Confirm
Carried
In favour (7): Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, Councillor Bentivegna
That Council waive solicitor-client privilege in regards to L-28-22 being a report providing confidential legal advice pertaining to a Committee of Adjustment Appeal - 5002 Des Jardines Drive to release a public statement following the council meeting held September 20, 2022, and that all other detail in respect of L-28-22 remain subject to solicitor-client privilege: Council direct the Executive Director of Legal Services and Corporation Counsel or her designate to attend at the Ontario Land Tribunal in support of the proposed variance to permit the existing driveway and walkway with a combined width of 5.6 metres at 5002 Des Jardines Drive.
Moved by Councillor Sharman, seconded by Councillor Galbraith
Carried
In favour (6): Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman · Opposed (1): Councillor Bentivegna
the following minutes:
Moved by Councillor Kearns, seconded by Councillor Nisan Approve
Carried
That this meeting of Council proceed into closed session in accordance with the following provisions under the Municipal Act: 16.1. Confidential Labour Relations Update (HR-08-22) Pursuant to section 239(2)(d) of the Municipal Act, labour relations or employee negotiations; and 12.3. h. Confidential legal report - Committee of Adjustment appeal regarding 5002 DesJardines Drive (L-28-22) 16.2. Breach of Solicitor-Client Privileged Information involving an On-going Litigation Matter (L-46-22) Pursuant to Section 239(2)(f), advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Council moved into closed session at 4:35 p.m.
Moved by Councillor Sharman, seconded by Councillor Stolte
Carried
In favour (7): Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, Councillor Bentivegna
That Council move into public session at 5:22 p.m.
Moved by Councillor Sharman, seconded by Councillor Stolte
Carried
the Memorandum of Settlement with CUPE local 1540 dated September 8, 2022, with a duration of January 1, 2022, to December 31, 2025
Moved by Councillor Galbraith, seconded by Councillor Sharman Ratify
Carried
In favour (7): Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, Councillor Bentivegna
That Council waive solicitor-client privilege over the initial amount budgeted for the litigation being $500,000 in respect of the appeals to the Ontario Lands Tribunal for 2020 Lakeshore Road, and that all other detail in respect of the identified legal fees remain subject to solicitor-client privilege; and That Council accept the apology from Councillor Kearns for the inadvertent disclosure of information that was subject to solicitor-client privilege.
Moved by Councillor Kearns, seconded by Councillor Sharman
Carried
In favour (7): Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, Councillor Bentivegna
a short-term loan to Sound of Music Inc. in the upset amount of $200,000 to provide interim financial support for the remainder of 2022.
Moved by Councillor Sharman, seconded by Councillor Stolte Approve
Carried
In favour (7): Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, Councillor Bentivegna
the Chief Financial Officer to advance the Sound of Music Inc.’s 2023 base budget of $100,093 in January 2023 to provide financial support in the early part of 2023.
Moved by Councillor Sharman, seconded by Councillor Stolte Direct
Carried
In favour (7): Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, Councillor Bentivegna
the execution of any documentation (agreements) necessary to secure the City’s interests, subject to the satisfaction of the Executive Director of Legal Services and Corporation Counsel.
Moved by Councillor Sharman, seconded by Councillor Stolte Authorize
Carried
In favour (7): Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, Councillor Bentivegna
the Director of Community Planning to add the following list of properties to the Municipal Heritage Register and provide notice to the owner of the property within 30 days, pursuant to section 27(5) of the Ontario Heritage Act, R.S.O. 1990, c. O.18: 357 Brant Street 359 Brant Street 372-374 Brant Street 380 Brant Street 422 Burlington Avenue 426 Burlington Avenue 437 Burlington Avenue 437 Elizabeth Street 404-408 John Street 1415 Lakeshore Road 2003 Lakeshore Road 458 Locust Street 492 Locust Street 513 Locust Street 524 Locust Street 1445 Ontario Street 431 Pearl Street 435 Pearl Street; and Authorize the City Clerk to take necessary action if there are any objections in accordance with Section 27(7) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18 and report back no later than 120 days after notices are sent out presenting all of the objections received; and Following study completion, direct the Director of Community Planning to re-assess the eligibility of the above listed properties for continued inclusion on the Heritage Register and report back to City Council with a recommendation; and Definitely postpone (defer) the following properties for possible addition to the Heritage Register (PL-59-22) at the City Council meeting on December 13 and consult with the property owners: 353-355 Brant St 2010 Maria St 468 Elizabeth St 441 Elizabeth St 436 Pearl St 488 Locust St
Moved by Councillor Nisan, seconded by Councillor Stolte Direct
Carried
postpone (defer) the following properties for possible addition to the Heritage Register (PL-59-22) at the City Council meeting on December 13 and consult with the property owners: 353-355 Brant St 2010 Maria St 468 Elizabeth St 441 Elizabeth St 436 Pearl St 488 Locust St
Moved by Councillor Nisan, seconded by Councillor Galbraith Definitely
Carried
to defer report PL-59-22 back to Staff for December Committee Cycle to permit time for the education and feedback from the identified stakeholder groups, including property owners.
Moved by Councillor Kearns, seconded by Councillor Bentivegna Motion
Lost
In favour (3): Councillor Kearns, Councillor Sharman, Councillor Bentivegna · Opposed (4): Mayor Meed Ward, Councillor Galbraith, Councillor Nisan, Councillor Stolte
the recommended changes to By-law 49-2022 being “A By-law to Repeal and Replace Lot Maintenance By-law 59-2018”, and By-law 60-2005 being “A by-law to regulate the licensing and keeping of dogs and other animals”, as amended, intended to clarify definitions, regulations related to powers of entry for Animal Control Officers and increase the limits for fines issued in accordance with the Municipal Act and enable collection of defaulted fines through tax roll, detailed in the proposed amending by-laws attached as ‘Appendix A’ and ‘B’ to report BB-14-2022; and Enact the By-law to amend By-law No. 49-2022 and By-law to amend By-law 60-2005, substantially as attached in ‘Appendix A’ and ‘B’ to report BB-14-2022, in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel.
Moved by Councillor Sharman, seconded by Councillor Stolte Approve
Carried
In favour (7): Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, Councillor Bentivegna
and file Information items, having been considered by Council:
Moved by Councillor Sharman, seconded by Councillor Stolte Receive
Carried
and pass the following by-laws which are now introduced, entitled and numbered as indicated below
Moved by Councillor Sharman, seconded by Councillor Bentivegna Enact
Carried
In favour (7): Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, Councillor Bentivegna
and pass By-law Number 75-2022 being a by-law to confirm the proceedings of Council at its meeting held September 20, 2022 being read a first, second and third time.
Moved by Councillor Kearns, seconded by Councillor Nisan Enact
Carried
In favour (7): Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, Councillor Bentivegna
this Council now to meet again at the call of the Mayor. 9:22 p.m.
Moved by Councillor Stolte, seconded by Councillor Bentivegna Adjourn
Carried

The town’s own record

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