The Burlington Record

Regular Meeting of Council

January 18, 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 (16 motions)

16 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

the minutes of the following meeting of Council:
Moved by Councillor Galbraith, seconded by Councillor Kearns Confirm
Carried
the following minutes:
Moved by Councillor Nisan, seconded by Councillor Stolte Approve
Carried
City Council moved into closed session at 1:23 p.m. in accordance with the following provision under the Municipal Act: Pursuant to section 239(2)(e) of the Municipal Act, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.
Moved by Councillor Stolte, seconded by Councillor Nisan Burlington
Carried
In favour (7): Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, Councillor Bentivegna
City Council moved into public session at 2:30 p.m.
Moved by Councillor Sharman, seconded by Councillor Stolte Burlington
Carried
I nstruct the Executive Director of Legal Services and Corporation Counsel or their designate to proceed in accordance with the instructions sought in confidential legal department report L-02-22.
Moved by Councillor Stolte, seconded by Councillor Kearns
Carried
In favour (6): Mayor Meed Ward, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, Councillor Bentivegna · Opposed (1): Councillor Galbraith
the Mayor and City Clerk to execute on behalf of The Corporation of the City of Burlington transfer payment amending agreements extending the term and scope of the Ontario Municipal Commuter Cycling agreement dated March 26, 2018, and any other ancillary document or further amendments required to the agreement between the City of Burlington and the Province of Ontario regarding the Ontario Municipal Commuter Cycling Program, to the satisfaction of the Executive Director of Legal Services and Corporation Counsel. That the by-law authorizing the execution of amending agreements with the Province of Ontario as represented by the Minister of Transportation for the Province of Ontario for the Ontario Municipal Commuter Cycling Program, substantially in the form attached as Appendix A to Report CS-03-22, be enacted.
Moved by Councillor Stolte, seconded by Councillor Galbraith Authorize
Carried
In favour (7): Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, Councillor Bentivegna
complete, in accordance with section 34(10.4) of the Planning Act, that the application submitted by Wellings Planning Consultants Inc.to amend the Zoning By-law for lands at 5030-5045 Tico Creek Common, as the required information and materials were provided on December 23, 2021; and Direct the Director of Community Planning to notify Wellings Planning Consultants Inc. that the required information and material have been provided for the applications to amend the Zoning By-law for lands at 5030-5045 Tico Creek Common, in accordance with section 34(10.4) of the Planning Act; and Direct the Director of Community Planning to provide notification of receipt of a complete application to prescribed persons and public bodies, pursuant to Section 34(10.7) of the Planning Act.
Moved by Councillor Sharman, seconded by Councillor Galbraith Deem
Carried
In favour (7): Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, Councillor Bentivegna
Deem, in accordance with sections 22(6.1) and 34(10.4) of the Planning Act, that the applications submitted on November 22, 2021 by ICP Developers Inc. to amend the Official Plan and Zoning By-law for the lands known as 1860-1900 Appleby Line are complete and that the required information and materials have been provided. Direct the Director of Community Planning to notify ICP Developers Inc. that the required information and material have been provided for the applications to amend the Official Plan and Zoning By-law for lands at 1860-1900 Appleby Line, in accordance with sections 22(6.1) and 34(10.4) of the Planning Act. Direct the Director of Community Planning to provide notification of receipt of a complete application to prescribed persons and public bodies, pursuant to Section 22(6.4) and Section 34(10.7) of the Planning Act.
Moved by Councillor Bentivegna, seconded by Councillor Stolte
Carried
In favour (7): Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, Councillor Bentivegna
Deem, in accordance with sections 22.1, 22(5) and 34(10.2) of the Planning Act, that applications submitted by Burlington 2020 Lakeshore Inc. to amend the Official Plan and Zoning By-law for lands at 2020 Lakeshore Road as made and complete on December 17, 2021, as the required information and materials were provided on that date; and Direct the Director of Community Planning to notify Burlington 2020 Lakeshore Inc. that the required information and material have been provided for the applications to amend the Official Plan and Zoning By-law for lands at 2020 Lakeshore Road, in accordance with sections 22(6.1) and 34(10.4) of the Planning Act. Direct the Director of Community Planning to complete the processing of the application to amend the Official Plan and Zoning By-law for lands at 2020 Lakeshore Road within the statutory time frames, and bring forward a recommendation to Council and the Community to provide input and a decision before the statutory review period expires (SD-02-22).
Moved by Councillor Galbraith, seconded by Councillor Sharman
Carried
In favour (7): Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, Councillor Bentivegna
That the recommendation regarding the Completeness Review for Official Plan and Zoning By-law Amendment Applications for 2020 Lakeshore Road (PL-13-22) be amended to include the following: Direct the Director of Community Planning to complete the processing of the application to amend the Official Plan and Zoning By-law for lands at 2020 Lakeshore Road within the statutory time frames, and bring forward a recommendation to Council and the Community to provide input and a decision before the statutory review period expires (SD-02-22).
Moved by Councillor Kearns, seconded by Councillor Nisan
Carried
In favour (7): Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, Councillor Bentivegna
municipal governments provide essential services to the residents and businesses in their communities; and Whereas the ability to provide those services is negatively impacted by exponentially rising insurance costs; and Whereas one driver of rising insurance costs is the legal principle of ‘joint and several liability,’ which assigns disproportionate liability to municipalities for an incident relative to their responsibility for it; and Whereas, the Government of Ontario has the authority and responsibility for the legal framework of ‘joint and several liability; and Whereas the Premier of Ontario committed to review the issue in 2018 with a view to helping municipal governments manage their risks and costs; and Whereas the Association of Municipalities of Ontario (AMO) on behalf of municipal governments has provided recommendations, in their policy paper, “ Towards a Reasonable Balance – Addressing Growing Municipal Liability and Insurance Costs ”, to align municipal liability with the proportionate responsibility for incidents and capping awards; Therefore be it resolved that, the City of Burlington does hereby support the following AMO recommendations; The provincial government adopt a model of full proportionate liability to replace joint and several liability. Implement enhancements to the existing limitations period including the continued applicability of the existing 10-day rule on slip and fall cases given recent judicial interpretations, and whether a 1-year limit
Moved by Mayor Meed Ward, seconded by Councillor Sharman Whereas
Carried
In favour (7): Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, Councillor Bentivegna
Bill 21 – An Act Respecting the Laicity of the State, bans public servants from wearing religious symbols; and Whereas Bill 21 was passed by the Province of Quebec in June 2019 and has led to loss of employment and reassignment for workers in Quebec based on them wearing religious symbols such as headscarves; and Whereas Burlington City Council condemns Bill 21 as it is discriminatory and does not uphold equality of all citizens, regardless of their religious affiliation, as protected under the Canadian Charter of Rights and Freedoms; and Whereas the City of Burlington supports residents of all faiths and backgrounds, and works to ensure everyone in the community feels safe and included; and Whereas the City of Burlington stands with other municipalities, such as Calgary, Brampton, Toronto, Winnipeg and municipalities across Canada, who have also condemned Bill 21 and support the current legal challenge to Quebec’s Bill 21; Whereas there is a municipal interest in joining with others across Canada to uphold and defend the rights of all citizens of our country to freedom from discrimination based on religion; Whereas the Ontario Big City Mayor’s Caucus (OBCM), at their meeting of Dec. 16, 2021, approved a motion that OBCM stand in solidarity recognizing that Bill 21 is discriminatory and does not uphold equality of all citizens, regardless of their religious affiliation, as protected under the Canadian Charter of Rights and Freedoms; and further that OBCM asks the Parliament o
Moved by Mayor Meed Ward, seconded by Councillor Nisan Whereas
Carried
In favour (7): Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, Councillor Bentivegna
and file the information items, having been considered by Council
Moved by Councillor Bentivegna, 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 Nisan, seconded by Councillor Kearns 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 09-2022, being a by-law to confirm the proceedings of Council at its meeting held Tuesday, January 18, 2022, being read a first, second and third time.
Moved by Councillor Bentivegna, seconded by Councillor Galbraith 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. 3:22 p.m.
Moved by Councillor Stolte, seconded by Councillor Sharman Adjourn
Carried

The town’s own record

Read the minutes this page was read from →

Where this page and that document disagree, the document is right and this record is wrong. Say so and it will be corrected.