The Burlington Record

Regular Meeting of Council

March 22, 2022

Who was there

Present (6): Angelo Bentivegna, Kelvin Galbraith, Rory Nisan, Paul Sharman, Shawna Stolte, Marianne Meed Ward

Absent (1): Lisa Kearns

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

Declared interests

Councillor Galbraithon this item

What was decided (26 motions)

24 carried, 2 recorded otherwise. Every motion below is printed as the minutes print it.

the minutes of the following meetings of Council:
Moved by Councillor Galbraith, seconded by Councillor Nisan Confirm
Carried
the Executive Director of Legal Services & Corporation Counsel or their designate to proceed in accordance with the instructions sought in confidential legal department report L-13-22, and That Council waive solicitor client privilege to Appendix B of Report L-13-22, the planning rationale for the site plan application at 2243, 2269 Fairview Street and 864 Drury Lane (Brookfield Properties, lnterRent REIT and CLV Group inc.), and that solicitor client privilege continue to apply for all purposes for the balance of the report L-13-22.
Moved by Councillor Stolte, seconded by Councillor Sharman Instruct
Carried
That Council waive solicitor client privilege to Appendix B of Report L-13-22, the planning rationale for the site plan application at 2243, 2269 Fairview Street and 864 Drury Lane (Brookfield Properties, lnterRent REIT and CLV Group inc.), and that solicitor client privilege continue to apply for all purposes for the balance of the report L-13-22.
Moved by Councillor Stolte, seconded by Councillor Sharman
Carried
That staff be directed to proceed with incorporating a one to one replacement ratio recommended for dead, dying and diseased trees within the online tree application form, with trees to be supplied by the City as a voluntary recommendation outside of the By-law, as outlined in the supplemental memorandum from the Manager of Urban Forestry dated March 22, 2022.
Moved by Councillor Sharman, seconded by Councillor Bentivegna
Carried
That staff be directed to proceed with Option 3 permit per application single stream as outlined in the supplemental memorandum from the Manager of Urban Forestry dated March 22, 2022.
Moved by Councillor Sharman, seconded by Councillor Bentivegna
Lost
the Private Tree By-law update (RPF-03-22)(SD-08-22)(SD-09-22) to the Special meeting of Council on April 12, 2022.
Moved by Councillor Sharman, seconded by Councillor Bentivegna Defer
Lost
to amend the amendment Amend the amendment to change 5 trees to 3 trees and the start of the scaling scale from 6+ trees per application to 4+.
Moved by Councillor Stolte, seconded by Councillor Nisan Motion
Carried
Note: Following a short recess both Councillors Stolte and Nisan agreed to withdraw the motion and put an alternative motion forward. Amend the report RPF-03-22, to support option 1 with the following changes: The flat fee permit for up to 3 trees The flat fee for up to 3 trees is $325 For each subsequent tree, the fees will be as follows: $225 for the 4th tree, $125 for five and over
Moved by Councillor Stolte, seconded by Councillor Nisan
Carried
the following minutes:
Moved by Councillor Nisan, seconded by Councillor Stolte Approve
Carried
City Council moved into closed session for items 14.1 and 14.2 at 3:15 p.m. in accordance with the following provisions under the Municipal Act: Pursuant to section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Item 14.1 Confidential Advice Respecting Contract Negotiations: ERP Implementation (L-18-22) And Pursuant to section 239(2)(k) of the Municipal Act, a position, plan, procedure, criteria or instruction to be applied to any negotiations
Moved by Councillor Nisan, seconded by Councillor Sharman Burlington
Carried
City Council moved into public session at 3:42 p.m.
Moved by Councillor Galbraith, seconded by Councillor Stolte Burlington
Carried
and file item L-18-22 from the Executive Director of Legal Services and Corporation Counsel, dated March 22, 2022
Moved by Councillor Galbraith, seconded by Councillor Sharman Receive
Carried
city staff or their designates to proceed in accordance with the direction approved in confidential Information Technology report IT-02-21 at Council on March 22, 2022; and The ERP Implementation Partner award be made public, when it satisfies the criteria, and in the manner described in the Procurement By-law 04-2022.
Moved by Councillor Nisan, seconded by Councillor Bentivegna Instruct
Carried
the proposed Planning Application Fees contained within the report titled “Planning Applications Fees Review – City of Burlington – Final Report” prepared by Watson and Associates Economists Ltd., dated December 22, 2021 and attached as Appendix “A” to community planning department report PL-07-22; and Approve the proposed update to By-Law 61-2021, attached as Appendix “B” to community planning department report PL-07-22, effective April 1, 2022. Amend the proposed by-law to include: Delete: “ COMBINED APPLICATION FEES* 100% OPA fee, 75% ZBA fee. 100% Subdivision fee, 75% ZBA fee. 100% OPA fee, 75% ZBA fee, 75% Subdivision fee.” Replace With: “ COMBINED APPLICATION FEES* 100% ZBA fee, 75% OPA fee. 100% Subdivision fee, 75% ZBA fee. 100% ZBA fee, 75% OPA fee, 75% Subdivision fee.” Delete: “ OFFICIAL PLAN AMENDMENT (OPA) ” Replace With: “ OFFICIAL PLAN AMENDMENT (OPA)* – Fee for a standalone OPA shall be 75% of Base Rate”
Moved by Councillor Galbraith, seconded by Councillor Stolte Approve
Carried
In favour (6): Mayor Meed Ward, Councillor Galbraith, Councillor Nisan, Councillor Stolte, Councillor Sharman, Councillor Bentivegna
the proposed by-law, to: Delete: “ COMBINED APPLICATION FEES* 100% OPA fee, 75% ZBA fee. 100% Subdivision fee, 75% ZBA fee. 100% OPA fee, 75% ZBA fee, 75% Subdivision fee.” Replace With: “ COMBINED APPLICATION FEES* 100% ZBA fee, 75% OPA fee. 100% Subdivision fee, 75% ZBA fee. 100% ZBA fee, 75% OPA fee, 75% Subdivision fee.” Amend the proposed by-law to: Delete: “ OFFICIAL PLAN AMENDMENT (OPA) ” Replace With: “ OFFICIAL PLAN AMENDMENT (OPA)* – Fee for a standalone OPA shall be 75% of Base Rate”
Moved by Councillor Sharman, seconded by Councillor Galbraith Amend
Carried
the appointment to the Burlington Downtown Parking Advisory Committee as outlined in confidential appendix A of Office of the City Clerk report CL-07-22 and following approval from Council, make the recommended name for appointment, public. Approve the following external institution appointment to the Burlington Downtown Parking Advisory Committee for a term to expire on December 31, 2022: Vaughn Davis, representing Burlington Performing Arts Centre
Moved by Councillor Bentivegna, seconded by Councillor Nisan Approve
Carried
by-law 29-2022, as attached in CM-12-22 Appendix A, to repeal the City of Burlington Mask By-law, By-law 62-2020 as amended, as the Province has repealed its mask mandated effective March 21, 2022.
Moved by Councillor Galbraith, seconded by Councillor Sharman Approve
Carried
by-law 30-2022, as attached in CM-12-22 Appendix B, to repeal the City of Burlington Physical Distancing By-law 17-2020, as amended.
Moved by Councillor Bentivegna, seconded by Councillor Stolte Approve
Carried
the hybrid City Council and standing committee plan as outlined in office of the city clerk report CL-11-22.
Moved by Councillor Stolte, seconded by Councillor Bentivegna Approve
Carried
the COVID-19 Volunteer Vaccination Policy, attached as appendix A to corporate communications and engagement department report CC-02-22.
Moved by Councillor Sharman, seconded by Councillor Galbraith Repeal
Carried
the recommendation to terminate the City of Burlington’s state of emergency effective immediately.
Moved by Councillor Bentivegna, seconded by Councillor Stolte Approve
Carried
and file the information items, having been considered by Council.
Moved by Councillor Sharman, seconded by Councillor Nisan Receive
Carried
20.1 to 20.3, and 20.5 to 20.6, were voted upon by way of one consent vote. Enact and pass the following by-laws which are now introduced, entitled and numbered as indicated below
Moved by Councillor Stolte, seconded by Councillor Galbraith Items
Carried
FAVOUR: (5) Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Stolte, and Councillor Bentivegna
Moved by Councillor Sharman, seconded by Councillor Bentivegna IN
Carried
and pass By-law Number 32-2022, being a by-law to confirm the proceedings of Council at its meeting held Tuesday, March 22, 2022, being read a first, second and third time.
Moved by Councillor Nisan, seconded by Councillor Galbraith Enact
Carried
2:57 pm. (recessed), 3:10 p.m. (reconvened), 3:15 p.m. (move into closed session), 3:42 p.m. (move into open session) Adjourn this Council now to meet again at the call of the Mayor. 4:47 p.m.
Moved by Councillor Sharman, seconded by Councillor Bentivegna
Carried

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