The Burlington Record

Committee of the Whole

April 8, 2024

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 (75 motions)

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

to suspend the rules for section 36.2 of the Procedure By-law 31-2021, as amended, to allow discussion of item 9.4 Confidential verbal update regarding an HR matter (COW-12-24); and item 8.8 Transmittal of ADR Ombudsman (ADRO) investigation report (CM-07-24), as they were received after the required deadline.
Moved by Councillor Sharman Motion
Carried
to suspend the rules for section 45.2 of the Procedure By-law 31-2021, as amended, to allow the staff presentation to extend past 10 minutes for item 8.4, Health, safety and wellness review (HR-05-24), item 11.1 Urban Forest Master Plan update (RPF-02-24); and item 11.7 Discussion for a future Festivals and Events policy (RCC-06-24).
Moved by Councillor Stolte Motion
Carried
to suspend the rules for section 49 of the Procedure By-law 31-2021, as amended, to allow for a workshop style discussion facilitated by staff for Item 11.7 Discussion for a future Festivals and Events Policy (RCC-06-24).
Moved by Councillor Bentivegna Motion
Carried
scheduling the discussion regarding item 9.4 Confidential verbal update on a human resources matter (COW-12-24) to take place at 1:00 p.m. on April 9, 2024.
Moved by Councillor Stolte Approve
Carried
Approve agenda as amended.
Moved by Councillor Galbraith
Carried
and file finance department report F-16-24, 2023 providing the Treasurer’s statement for Development Charges reserve funds, Park Dedication reserve fund and the Community Benefit Charge reserve fund.
Moved by Councillor Stolte Receive
Carried
the 2022 and 2023 annual report from ADR Chambers, Ombudsman for the City of Burlington, attached as Appendix A and Appendix B respectively to office of the city clerk report CL-10-24.
Moved by Councillor Stolte Receive
Carried
the Manager of Procurement Services or designate, to negotiate and execute any necessary service agreements, contracts and ancillary documents with any third-party collection agencies, and extensions thereto, resulting from RFP-24-206 Collection Services for POA court, with content satisfactory to the Executive Director of Legal Services and Corporation Counsel, or designate; and Authorize the Manager of Court Administration, or designate, to add collection agency fees to Provincial Offences Act defaulted fines owed to the City at the rates approved by Council; and Authorize the Manager of Court Administration, or designate, to add collection agency fees to Provincial Offences Act defaulted fines owed to the City at the rates approved by Council; and Approve the Collection Agency By-law, substantially in the form attached as Appendix A to legal services department report L-18-24, in the form satisfactory to the Executive Director of Legal Services and Corporation Counsel, or designate.
Moved by Councillor Stolte Authorize
Carried
the Flag Raising, Proclamations and Pier Lighting Policy substantially in the form attached as Appendix A to the office of the city clerk report CL-09-24.
Moved by Councillor Stolte Approve
Carried
and file Burlington Digital Service report BDS-02-24 providing update on Customer Centric Digital Architecture and CRM; and Approve the single source procurement of the Microsoft Dynamics 365 Minimum Viable Product as a pilot for our CRM software replacement for up to a total of $200,000 with Microsoft as the software provider and MNP as the implementation partner, as further outlined in this report; and Authorize the Manager of Procurement Services to execute any required contract(s), with the content satisfactory to the Executive Director of Legal Services and Corporation Counsel and issue any required Purchase Order(s).
Moved by Councillor Stolte Receive
Carried
the updated Corporate Zero Waste Policy attached as Appendix A to environment, infrastructure and community services report EICS-09-24.
Moved by Councillor Stolte Approve
Carried
and file engineering services department report ES-02-24 regarding the 2023 accessibility progress report.
Moved by Councillor Stolte Receive
Carried
the updated Corporate Energy and Sustainable Buildings Policy attached as Appendix A to environment, infrastructure and community services report EICS-07-24.
Moved by Councillor Stolte Approve
Carried
and file community planning department report PL-09-24 regarding Burlington Official Plan, 2020 targeted realignment exercise – workplan update 2.
Moved by Councillor Stolte Receive
Carried
the by-law, substantially as shown in Appendix A of community planning department report PL-24-24, being a by-law to deem Lots 6 and 7 in Plan M-150 as not being registered lots within a Plan of Subdivision, pursuant to Section 50(4) of the Planning Act, R.S.O. 1990, c.P.13, as amended.
Moved by Councillor Stolte Approve
Carried
the current low-income senior property tax rebate program and broaden to include eligible homeowners for low-income persons with disabilities as outlined in the criteria contained in Appendix A to finance department report F-03-24; and Direct the Chief Financial Officer in consultation with the Executive Director of Legal Services & Corporation Counsel to prepare the necessary by-law for the Low- Income Property Tax Rebate Program, for approval at Council on April 16th, effective for the 2024 taxation year; and Forward to the Region of Halton the Low-Income Property Tax Rebate By-law and formally request the Region participate in the cost sharing of the tax rebate program.
Moved by Councillor Sharman Continue
Carried
and file finance department report F-19-25 providing an update to the format of the 2025 budget documents and the preliminary 2025 Mayors budget approval timelines; and Direct the City Clerk to schedule a Special Council meeting on November 25, 2024 for the purpose of reviewing the Mayor's proposed budget.
Moved by Councillor Sharman Receive
Carried
and file finance department report F-23-24 regarding the proposed quarterly city services update reporting.
Moved by Councillor Stolte Receive
Carried
Receive and file human resources department report HR-05-24 providing the 2023 health, safety and wellness review.
Moved by Mayor Meed Ward
Carried
and file city manager’s office report CM-06-24 being an update on the merger of Tourism Burlington with Burlington Economic Development.
Moved by Councillor Galbraith Receive
Carried
Endorse the Mayor’s Speaker Series.
Moved by Mayor Meed Ward
Carried
motion memorandum regarding Mayor's speaker series (COW-08-24) to the Regular Council meeting on April 16, 2024 to obtain information on budget and non-mayor's office staff time.
Moved by Councillor Kearns Refer
Lost
Receive and file Office of the City Clerk report CL-11-24 providing the Quarterly Mayoral Decisions report.
Moved by Mayor Meed Ward
Carried
the findings and recommendations of the detailed ADRO investigation report dated April 1, 2024 attached as Appendix A to city manager’s office report CM-07-24; and Direct the City Clerk to report back no later than the end of Q2 2024 with recommended changes to the City’s Procedural By-law to address any outstanding procedural by-law compliance issues outlined in the detailed report
Moved by Councillor Kearns Accept
Carried
the 2024 advisory committee work plans and budget requests attached as appendix A to office of the city clerk report CL-08-24; and Receive and file the 2023 advisory committee annual reports attached as appendix B to office of the city clerk report CL-08-24.
Moved by Councillor Stolte Approve
Carried
Receive and file city manager’s office report CM-05-24 providing status reports for designated corporate projects for the period December 2023, January and February 2024 as detailed in Appendices A and B.
Moved by Mayor Meed Ward
Carried
into closed session on April 9, 2024 at 1:02 p.m. in accordance with the following provisions under the Municipal Act: Pursuant to Section 239(2)(b) of the Municipal Act, personal matters about an identifiable individual, including municipal or local board employees regarding item 9.4.
Moved by Councillor Stolte Proceed
Carried
the Executive Director of Legal Services & Corporation Counsel or his designate to proceed in accordance with the instructions sought in Confidential Legal Report L-01- 24.
Moved by Councillor Galbraith Instruct
Carried
the Executive Director of Legal Services and Corporation Counsel, or his designate, to proceed in accordance with the instructions sought in confidential legal department report L-16-24.
Moved by Councillor Stolte Instruct
Carried
and file confidential Legal Department report L-9-24 providing an update on a litigation matter re Niagara Escarpment Plan Amendment PC 225 22.
Moved by Councillor Bentivegna Receive
Carried
and file confidential verbal update regarding a human resources matter (COW-12-24).
Moved by Councillor Stolte Receive
Carried
the Urban Forest Master Plan, Woodland Management Strategy as presented and aligned with option one as detailed in roads, parks and forestry department report RPF-02-24; and Direct the Acting Chief Financial Officer to incorporate the financial needs of the Urban Forest Master Plan into the multi-year simulation and multi-year community investment plan forecast; and Direct the Director, Roads, Parks and Forestry to coordinate with the Manager, Government Relations to actively pursue grant opportunities through provincial and federal governments to offset implementation costs of the Urban Forest Master Plan & Woodlot Management Strategy.
Moved by Councillor Nisan Approve
Carried
the City’s commitment to supporting the Bay Area Climate Change Council in the amount of $56,000 annually until 2026, at which time the City’s future support for the organization will be re-assessed.
Moved by Councillor Sharman Reaffirm
Carried
and file recreation, community and culture report RCC-05-24 update to shared court pilot at Ireland Park which concludes the 2023 pilot and maintains court-sharing practices for 2024 and onward.
Moved by Councillor Bentivegna Receive
Carried
corporate policy Promoting Use of Underutilized Spaces in Recreation Facilities as presented in Appendix A of recreation, community and culture department report RCC-07-24 and direct the Director of Recreation, Community and Culture to begin implementation of the policy in Q3 2024; and Direct the Director of Recreation, Community and Culture to report back on community room usage and policy application in Q1 2026.
Moved by Councillor Bentivegna Approve
Carried
the Director of Recreation, Community and Culture to further explore the re-development opportunity at 1540 King Road in accordance with existing planning regulations and fees and the Joint Venture Financing Program. (SD-09-24)
Moved by Councillor Galbraith Authorize
Carried
the Director of Recreation, Community and Culture to provide recommendations with respect to the mandate for council members and city staff appointed to Boards of Directors of ABCs (SD-07-24); and Direct the City Clerk to engage with the Integrity Commissioner to request general advice on the role and responsibilities of council members on ABC boards. (SD-08-24)
Moved by Councillor Bentivegna Direct
Carried
the Director of Recreation, Community and Culture to report back with a Festivals and Events Policy for approval by end of Q2 2024.
Moved by Councillor Bentivegna Direct
Carried
the Director of Transportation to remove the three rainbow crosswalks at Fairview Street and Drury Lane, Plains Road West and Botanical Drive, and Upper Middle Road in front of M.M. Robinson High School and replace them with ladder crosswalks; and Direct the Director of Transportation to install rainbow themed pole wraps to the traffic poles adjacent to the crosswalks at the three intersections; and Direct the Director of Transportation, in collaboration with Recreation, Community and Culture as well as Corporate Communications and Engagement, to seek feedback from members of the 2SLGBTQIA+ community on the approach to best commemorate the community outside of the travelled portion of the roadway.
Moved by Councillor Bentivegna Direct
Carried
the request to withdraw the notices of intention to designate 574 Brant St. and 620 Brant St. under Part IV, Section 29 of the Ontario Heritage Act, having considered the notices of objection by TMA Law on behalf of the owners, dated January 12, 2024 and attached to community planning department report PL-25-24 as Appendices A & B; and Enact the by-laws substantially in the form attached as Appendix D to community planning department report PL-25-24, being a bylaw to designate 574 Brant St. and a by-law to designate 620 Brant St., both under Part IV, Section 29 of the Ontario Heritage Act, in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel; and Direct the Director of Community Planning to provide notice of the passing of the by-laws designating the properties, in accordance with subsection 29 (8) of the Ontario Heritage Act.
Moved by Councillor Kearns Decline
Carried
the Director of Community Planning to implement the targeted timeline set out in Appendix A of community planning department report PL-29-24 to support the development of an Area Specific Plan informed by city objectives, inputs from the landowner/applicant information and city-led public engagement, to define the urban structure role, the growth framework prioritization and the land use policies for Bronte Creek Meadows; and Direct the Director to engage with all ROPA 49 landowners as one input into the development of the city’s population and employment work and to inform the development of the revisions to the urban structure, growth framework and preparing supporting timeline and approach to initiate the development of area specific plans or their equivalent.
Moved by Councillor Sharman Direct
Carried
Receive and file the following 19 items, having been given due consideration by the Committee of the Whole.
Moved by Mayor Meed Ward
Carried
Motion to suspend the rules for section 36.2 of the Procedure By-law 31-2021, as amended, to allow discussion of item 9.4 Confidential verbal update regarding an HR matter (COW-12-24); and item 8.8 Transmittal of ADR Ombudsman (ADRO) investigation report (CM-07-24), as they were received after the required deadline.
Moved by Councillor Sharman
Carried
Motion to suspend the rules for section 49 of the Procedure By-law 31-2021, as amended, to allow for a workshop style discussion facilitated by staff for Item 11.7 Discussion for a future Festivals and Events Policy (RCC-06-24).
Moved by Councillor Bentivegna
Carried
Approve scheduling the discussion regarding item 9.4 Confidential verbal update on a human resources matter (COW-12-24) to take place at 1:00 p.m. on April 9, 2024.
Moved by Councillor Stolte
Carried
Receive and file finance department report F-16-24, 2023 providing the Treasurer’s statement for Development Charges reserve funds, Park Dedication reserve fund and the Community Benefit Charge reserve fund.
Moved by Councillor Stolte
Carried
Receive the 2022 and 2023 annual report from ADR Chambers, Ombudsman for the City of Burlington, attached as Appendix A and Appendix B respectively to office of the city clerk report CL-10-24.
Moved by Councillor Stolte
Carried
Authorize the Manager of Procurement Services or designate, to negotiate and execute any necessary service agreements, contracts and ancillary documents with any third-party collection agencies, and extensions thereto, resulting from RFP-24-206 Collection Services for POA court, with content satisfactory to the Executive Director of Legal Services and Corporation Counsel, or designate; and Authorize the Manager of Court Administration, or designate, to add collection agency fees to Provincial Offences Act defaulted fines owed to the City at the rates approved by Council; and Authorize the Manager of Court Administration, or designate, to add collection agency fees to Provincial Offences Act defaulted fines owed to the City at the rates approved by Council; and Approve the Collection Agency By-law, substantially in the form attached as Appendix A to legal services department report L-18-24, in the form satisfactory to the Executive Director of Legal Services and Corporation Counsel, or designate.
Moved by Councillor Stolte
Carried
Receive and file Burlington Digital Service report BDS-02-24 providing update on Customer Centric Digital Architecture and CRM; and Approve the single source procurement of the Microsoft Dynamics 365 Minimum Viable Product as a pilot for our CRM software replacement for up to a total of $200,000 with Microsoft as the software provider and MNP as the implementation partner, as further outlined in this report; and Authorize the Manager of Procurement Services to execute any required contract(s), with the content satisfactory to the Executive Director of Legal Services and Corporation Counsel and issue any required Purchase Order(s).
Moved by Councillor Stolte
Carried
Approve the updated Corporate Zero Waste Policy attached as Appendix A to environment, infrastructure and community services report EICS-09- 24.
Moved by Councillor Stolte
Carried
Receive and file engineering services department report ES-02-24 regarding the 2023 accessibility progress report.
Moved by Councillor Stolte
Carried
Approve the updated Corporate Energy and Sustainable Buildings Policy attached as Appendix A to environment, infrastructure and community services report EICS-07-24.
Moved by Councillor Stolte
Carried
Receive and file community planning department report PL-09-24 regarding Burlington Official Plan, 2020 targeted realignment exercise – workplan update 2.
Moved by Councillor Stolte
Carried
Approve the by-law, substantially as shown in Appendix A of community planning department report PL-24-24, being a by-law to deem Lots 6 and 7 in Plan M-150 as not being registered lots within a Plan of Subdivision, pursuant to Section 50(4) of the Planning Act, R.S.O. 1990, c.P.13, as amended.
Moved by Councillor Stolte
Carried
Receive and file finance department report F-19-25 providing an update to the format of the 2025 budget documents and the preliminary 2025 Mayors budget approval timelines; and Direct the City Clerk to schedule a Special Council meeting on November 25, 2024 for the purpose of reviewing the Mayor's proposed budget.
Moved by Councillor Sharman
Carried
Receive and file finance department report F-23-24 regarding the proposed quarterly city services update reporting.
Moved by Councillor Stolte
Carried
Receive and file city manager’s office report CM-06-24 being an update on the merger of Tourism Burlington with Burlington Economic Development.
Moved by Councillor Galbraith
Carried
Refer motion memorandum regarding Mayor's speaker series (COW-08- 24) to the Regular Council meeting on April 16, 2024 to obtain information on budget and non-mayor's office staff time.
Moved by Councillor Kearns
Lost
Accept the findings and recommendations of the detailed ADRO investigation report dated April 1, 2024 attached as Appendix A to city manager’s office report CM-07-24; and Direct the City Clerk to report back no later than the end of Q2 2024 with recommended changes to the City’s Procedural By-law to address any outstanding procedural by-law compliance issues outlined in the detailed report
Moved by Councillor Kearns
Carried
Approve the 2024 advisory committee work plans and budget requests attached as appendix A to office of the city clerk report CL-08-24; and Receive and file the 2023 advisory committee annual reports attached as appendix B to office of the city clerk report CL-08-24.
Moved by Councillor Stolte
Carried
Proceed into closed session on April 9, 2024 at 1:02 p.m. in accordance with the following provisions under the Municipal Act: Pursuant to Section 239(2)(b) of the Municipal Act, personal matters about an identifiable individual, including municipal or local board employees regarding item 9.4.
Moved by Councillor Stolte
Carried
Instruct the Executive Director of Legal Services & Corporation Counsel or his designate to proceed in accordance with the instructions sought in Confidential Legal Report L-01- 24.
Moved by Councillor Galbraith
Carried
Instruct the Executive Director of Legal Services and Corporation Counsel, or his designate, to proceed in accordance with the instructions sought in confidential legal department report L-16-24.
Moved by Councillor Stolte
Carried
Receive and file confidential Legal Department report L-9-24 providing an update on a litigation matter re Niagara Escarpment Plan Amendment PC 225 22.
Moved by Councillor Bentivegna
Carried
Receive and file confidential verbal update regarding a human resources matter (COW-12-24).
Moved by Councillor Stolte
Carried
Approve the Urban Forest Master Plan, Woodland Management Strategy as presented and aligned with option one as detailed in roads, parks and forestry department report RPF-02-24; and Direct the Acting Chief Financial Officer to incorporate the financial needs of the Urban Forest Master Plan into the multi-year simulation and multi- year community investment plan forecast; and Direct the Director, Roads, Parks and Forestry to coordinate with the Manager, Government Relations to actively pursue grant opportunities through provincial and federal governments to offset implementation costs of the Urban Forest Master Plan & Woodlot Management Strategy.
Moved by Councillor Nisan
Carried
Reaffirm the City’s commitment to supporting the Bay Area Climate Change Council in the amount of $56,000 annually until 2026, at which time the City’s future support for the organization will be re-assessed.
Moved by Councillor Sharman
Carried
Receive and file recreation, community and culture report RCC-05-24 update to shared court pilot at Ireland Park which concludes the 2023 pilot and maintains court-sharing practices for 2024 and onward.
Moved by Councillor Bentivegna
Carried
Approve corporate policy Promoting Use of Underutilized Spaces in Recreation Facilities as presented in Appendix A of recreation, community and culture department report RCC-07-24 and direct the Director of Recreation, Community and Culture to begin implementation of the policy in Q3 2024; and Direct the Director of Recreation, Community and Culture to report back on community room usage and policy application in Q1 2026.
Moved by Councillor Bentivegna
Carried
Authorize the Director of Recreation, Community and Culture to further explore the re-development opportunity at 1540 King Road in accordance with existing planning regulations and fees and the Joint Venture Financing Program. (SD-09-24)
Moved by Councillor Galbraith
Carried
Direct the Director of Recreation, Community and Culture to provide recommendations with respect to the mandate for council members and city staff appointed to Boards of Directors of ABCs (SD-07-24); and Direct the City Clerk to engage with the Integrity Commissioner to request general advice on the role and responsibilities of council members on ABC boards. (SD-08-24)
Moved by Councillor Bentivegna
Carried
Direct the Director of Recreation, Community and Culture to report back with a Festivals and Events Policy for approval by end of Q2 2024.
Moved by Councillor Bentivegna
Carried
Direct the Director of Transportation to remove the three rainbow crosswalks at Fairview Street and Drury Lane, Plains Road West and Botanical Drive, and Upper Middle Road in front of M.M. Robinson High School and replace them with ladder crosswalks; and Direct the Director of Transportation to install rainbow themed pole wraps to the traffic poles adjacent to the crosswalks at the three intersections; and Direct the Director of Transportation, in collaboration with Recreation, Community and Culture as well as Corporate Communications and Engagement, to seek feedback from members of the 2SLGBTQIA+ community on the approach to best commemorate the community outside of the travelled portion of the roadway.
Moved by Councillor Bentivegna
Carried
Decline the request to withdraw the notices of intention to designate 574 Brant St. and 620 Brant St. under Part IV, Section 29 of the Ontario Heritage Act, having considered the notices of objection by TMA Law on behalf of the owners, dated January 12, 2024 and attached to community planning department report PL-25-24 as Appendices A & B; and Enact the by-laws substantially in the form attached as Appendix D to community planning department report PL-25-24, being a bylaw to designate 574 Brant St. and a by-law to designate 620 Brant St., both under Part IV, Section 29 of the Ontario Heritage Act, in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel; and Direct the Director of Community Planning to provide notice of the passing of the by-laws designating the properties, in accordance with subsection 29 (8) of the Ontario Heritage Act.
Moved by Councillor Kearns
Carried
Direct the Director of Community Planning to implement the targeted timeline set out in Appendix A of community planning department report PL-29-24 to support the development of an Area Specific Plan informed by city objectives, inputs from the landowner/applicant information and city- led public engagement, to define the urban structure role, the growth framework prioritization and the land use policies for Bronte Creek Meadows; and Direct the Director to engage with all ROPA 49 landowners as one input into the development of the city’s population and employment work and to inform the development of the revisions to the urban structure, growth framework and preparing supporting timeline and approach to initiate the development of area specific plans or their equivalent.
Moved by Councillor Sharman
Carried

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