The Brantford Record

City Council

March 28, 2023

Who was there

Present (11): Gino Caputo, Richard Carpenter, Kevin Davis, Linda Hunt, Greg Martin, Dan McCreary, Mandy Samwell, Rose Sicoli, John Sless, Michael Sullivan, Brian Van Tilborg

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 (26 motions)

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

McCreary THAT all Items contained within the Committee Reports (Items 12.1 to 12.5) not separated for discussion purposes BE APPROVED. YES: (11) Councillor Sless, Councillor Carpenter, Councillor McCreary, Mayor Davis, Councillor Van Tilborg, Councillor Martin, Councillor Sicoli, Councillor Hunt, Councillor Sullivan, Councillor Caputo, and Councillor Samwell
Moved by Councillor Martin
Carried
THAT the following proclamations BE APPROVED: 8.1 – Poetry Month - April 2023 8.2 - International Transgender day of Visibility - March 31 8.3 - Brant Regional Association of Volunteer Administrators - April 16th-22nd 8.4 - Autism Awareness Month - April 2023 8.5 - Sikh Heritage Month - April 2023 8.6 - Earth Week/Clean Brantford Week - April 16th-22 nd YES: (11) Councillor Sless, Councillor Carpenter, Councillor McCreary, Mayor Davis, Councillor Van Tilborg, Councillor Martin, Councillor Sicoli, Councillor Hunt, Councillor Sullivan, Councillor Caputo, and Councillor Samwell
Moved by Councillor Samwell, seconded by Councillor Van Tilborg
Carried
THAT Section 15.6.2 of the Procedural By-law BE WAIVED to permit a delegation past the prescribed deadline as well as delegate to proclamations. 9.3 Jang Singh Panag, Dalip Singh Multani Re: Sikh Heritage Month YES: (11) Councillor Sless, Councillor Carpenter, Councillor McCreary, Mayor Davis, Councillor Van Tilborg, Councillor Martin, Councillor Sicoli, Councillor Hunt, Councillor Sullivan, Councillor Caputo, and Councillor Samwell
Moved by Councillor Carpenter, seconded by Councillor Sullivan
Carried
THAT the Clerk’s Report on Communication for March 2023 BE RECEIVED. YES: (11) Councillor Sless, Councillor Carpenter, Councillor McCreary, Mayor Davis, Councillor Van Tilborg, Councillor Martin, Councillor Sicoli, Councillor Hunt, Councillor Sullivan, Councillor Caputo, and Councillor Samwell
Moved by Councillor Caputo, seconded by Councillor Sless
Carried
THAT the following minutes BE ADOPTED: 11.1 City Council – February 28, 2023 11.2 Special City Council – February 13, 2023 11.3 Special City Council – March 1, 2023 11.4 Special City Council – March 7, 2023 11.5 Special City Council - Private and Confidential Items – February 13, 2023; and 11.6 Special City Council - Private and Confidential Items – March 1, 2023; and 11.7 Special City Council - Private and Confidential Items – March 7, 2023; and THAT the following minutes BE RECEIVED: 11.8 John Noble Home Committee of Management – March 8, 2023 YES: (11) Councillor Sless, Councillor Carpenter, Councillor McCreary, Mayor Davis, Councillor Van Tilborg, Councillor Martin, Councillor Sicoli, Councillor Hunt, Councillor Sullivan, Councillor Caputo, and Councillor Samwell
Moved by Councillor Hunt, seconded by Councillor Carpenter
Carried
THAT all Items in the Committee Reports (Items 12.1 to 12.5) separated for discussion purposes BE APPROVED. 12.1 Committee of the Whole - Operations Report #2023-03-07 1. 03.07.23 COW-OPS REPORT.pdf 12.1.1 City Tree Protection & Maintenance Practices [Financial Impact: None], 2023-82 THAT Report No. 2023-82 City Tree Protection & Maintenance Practices BE RECEIVED; and THAT a By-law to regulate the planting, maintenance, protection, and preservation of City trees, attached as “Appendix A” BE APPROVED; and THAT the following By-laws BE PRESENTED to City Council for adoption with an effective date of May 1, 2023: By-law to repeal Chapter 322 of the City of Brantford’s Municipal Code and adopt the City Tree Protection By-law By-law to amend Schedule 1 to By-law 30-2023, being a By-law to Fix Fees and Charges to be collected by The Corporation of the City of Brantford to include a revised fee for tree removal and replacement. YES: (11) Councillor Sless, Councillor Carpenter, Councillor McCreary, Mayor Davis, Councillor Van Tilborg, Councillor Martin, Councillor Sicoli, Councillor Hunt, Councillor Sullivan, Councillor Caputo, and Councillor Samwell
Moved by Councillor Sicoli, seconded by Councillor Sullivan
Carried
THAT Item 12.1.4 BE AMENDED to include 008-Traffic Calming Policy as Item B. viii excluding the criteria that states a minimum of one (1) year has passed since the posted speed limit was reduced, if applicable. YES: (10) Councillor Carpenter, Councillor McCreary, Mayor Davis, Councillor Van Tilborg, Councillor Martin, Councillor Sicoli, Councillor Hunt, Councillor Sullivan, Councillor Caputo, and Councillor Samwell
Moved by Councillor Sicoli, seconded by Councillor Sullivan
Carried
McCreary THAT Item 12.4.4 Official Plan Amendment and Zoning By-law Amendment 277, 299 & 301 Hardy Road BE
Moved by Councillor Van Tilborg
Deferred
THAT Staff Report 2023-256, Civic Centre Heating, Ventilating, Air Conditioning System Non-Competitive Procurement, BE RECEIVED; and THAT Council APPROVE the non-competitive procurement for the installation of a heating, ventilation and air conditioning (HVAC) system at the Brantford Civic Centre from Vicano Construction Limited pursuant to section 4.02(e) of the Purchasing Policy at an upset limit of $1,625,000; and THAT the General Manager, Public Works Commission and the Manager of Purchasing BE AUTHORIZED to execute an agreement with Vicano Construction Limited and any amendments thereto related to the installation of the HVAC unit at the Civic Centre. YES: (11) Councillor Sless, Councillor Carpenter, Councillor McCreary, Mayor Davis, Councillor Van Tilborg, Councillor Martin, Councillor Sicoli, Councillor Hunt, Councillor Sullivan, Councillor Caputo, and Councillor Samwell
Moved by Councillor Van Tilborg, seconded by Councillor Samwell
Carried
THAT all by-laws having received a first and second reading BE TAKEN as read a third time, and be finally passed and signed by the Mayor and Clerk YES: (10) Councillor Sless, Councillor McCreary, Mayor Davis, Councillor Van Tilborg, Councillor Martin, Councillor Sicoli, Councillor Hunt, Councillor Sullivan, Councillor Caputo, and Councillor Samwell NO: (1) Councillor Carpenter
Moved by Councillor Caputo, seconded by Councillor Sless
Carried
and Second Reading of By-law 61-2023 YES: (10) Councillor Sless, Councillor Carpenter, Councillor McCreary, Councillor Van Tilborg, Councillor Martin, Councillor Sicoli, Councillor Hunt, Councillor Sullivan, Councillor Caputo, and Councillor Samwell Conflict (1) Mayor Davis
Moved by Councillor Samwell, seconded by Councillor Carpenter First
Carried
and Final Reading of By-law 61-2023 YES: (10) Councillor Sless, Councillor Carpenter, Councillor McCreary, Councillor Van Tilborg, Councillor Martin, Councillor Sicoli, Councillor Hunt, Councillor Sullivan, Councillor Caputo, and Councillor Samwell Conflict (1) Mayor Davis
Moved by Councillor Sullivan, seconded by Councillor Sless Third
Carried
2 THAT all Items contained within the Committee Reports (Items 12.1 to 12.5) not separated for discussion purposes BE APPROVED. Recorded vote on all Items not separated for discussion purposes: YES: (11): Mayor Davis, Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Carpenter, Councillor Samwell, and Councillor Van Tilborg
Moved by Councillor Martin, seconded by Councillor McCreary
Carried
THAT the following proclamations BE APPROVED: 8.1 Poetry Month - April 2023 WHEREAS April is National Poetry Month and March 21st is United Nation’s Educational, Scientific and Cultural Organization’s (UNESCO) World Poetry Day; and WHEREAS the City of Calgary, in partnership with the League of Canadian Poets, is issuing a Mayor's Poetry City Challenge to other communities across Canada to celebrate poetry, writing, small presses and the contribution of poets and all writers to the cultural life in our communities; and WHEREAS the annual Challenge also celebrates libraries and the work of many to promote arts, culture, literacy and reading; and WHEREAS the City of Brantford has participated in this Challenge since 2013 by inviting John B. Lee, Poet Laureate for the City of Brantford, to attend a meeting of City Council to read a poem during National Poetry Month; and WHEREAS Brantford remains committed in its support of programs and initiatives that enhance arts, heritage and culture for residents and visitors to our community; NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the City of Brantford hereby PROCLAIMS the month of April as “National Poetry Month” in the City of Brantford. 11 8.2 International Transgender day of Visibility - March 31 WHEREAS March 31 is International Transgender day of Visibility; and WHEREAS The Bridge and the Brantford Pride Committees invites all individuals to join together to make our local community a diverse, safe and prou
Moved by Councillor Samwell, seconded by Councillor Van Tilborg
Carried
In favour (11): Mayor Davis, Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Sless, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Carpenter, Councillor Samwell, Councillor Van Tilborg
THAT Section 15.6.2 of the Procedural By-law BE WAIVED to permit a delegation past the prescribed deadline as well as delegate to proclamations: 9.3 Jang Singh Panag, Dalip Singh Multani Re: Sikh Heritage Month Recorded vote on motion to waive the rules: YES: (11): Mayor Davis, Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Sless, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Carpenter, Councillor Samwell, and Councillor Van Tilborg
Moved by Councillor Carpenter, seconded by Councillor Sullivan
Carried
In favour (11): Mayor Davis, Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Sless, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Carpenter, Councillor Samwell, Councillor Van Tilborg
THAT the Clerk’s Report on Communication for March 2023 BE RECEIVED. Recorded vote on clerk’s report on communication: YES: (11): Mayor Davis, Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Sless, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Carpenter, Councillor Samwell, and Councillor Van Tilborg
Moved by Councillor Caputo, seconded by Councillor Sless
Carried
In favour (11): Mayor Davis, Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Sless, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Carpenter, Councillor Samwell, Councillor Van Tilborg
THAT the following minutes BE ADOPTED: 11.1 City Council – February 28, 2023 11.2 Special City Council – February 13, 2023 17 11.3 Special City Council – March 1, 2023 11.4 Special City Council – March 7, 2023 11.5 Special City Council - Private and Confidential Items – February 13, 2023; and 11.6 Special City Council - Private and Confidential Items – March 1, 2023; and 11.7 Special City Council - Private and Confidential Items – March 7, 2023; and THAT the following minutes BE RECEIVED: 11.8 John Noble Home Committee of Management – March 8, 2023 Recorded vote on all minutes: YES: (11): Mayor Davis, Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Sless, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Carpenter, Councillor Samwell, and Councillor Van Tilborg
Moved by Councillor Hunt, seconded by Councillor Carpenter
Carried
In favour (11): Mayor Davis, Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Sless, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Carpenter, Councillor Samwell, Councillor Van Tilborg
THAT all Items in the Committee Reports (Items 12.1 to 12.5) separated for discussion purposes BE APPROVED. Prior to taking up the separated Items from the Committee reports, Council first considered Item 12.1.1 and Item 12.4.4 as there were delegations for these Items. 12.1.1 City Tree Protection & Maintenance Practices [Financial Impact: None], 2023-82 A. THAT Report No. 2023-82 City Tree Protection & Maintenance Practices BE RECEIVED; and B. THAT a By-law to regulate the planting, maintenance, protection, and preservation of City trees, attached as “Appendix A” BE APPROVED; and 18 C. THAT the following By-laws BE PRESENTED to City Council for adoption with an effective date of May 1, 2023: i. By-law to repeal Chapter 322 of the City of Brantford’s Municipal Code and adopt the City Tree Protection By- law ii. By-law to amend Schedule 1 to By-law 30-2023, being a By-law to Fix Fees and Charges to be collected by The Corporation of the City of Brantford to include a revised fee for tree removal and replacement. Recorded vote on Item 12.1.1: YES: (11): Mayor Davis, Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Sless, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Carpenter, Councillor Samwell, and Councillor Van Tilborg
Moved by Councillor Sicoli, seconded by Councillor Sullivan
Carried
In favour (11): Mayor Davis, Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Sless, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Carpenter, Councillor Samwell, Councillor Van Tilborg
THAT Item 12.4.4 Official Plan Amendment and Zoning By- law Amendment 277, 299 & 301 Hardy Road BE
Moved by Councillor Van Tilborg, seconded by Councillor McCreary
Deferred
THAT Item 12.1.4 BE AMENDED to include 008-Traffic Calming Policy as Item B. viii excluding the criteria that states a minimum of one (1) year has passed since the posted speed limit was reduced, if applicable. Recorded vote on amendment: YES: (10): Mayor Davis, Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Carpenter, Councillor Samwell, and Councillor Van Tilborg
Moved by Councillor Sicoli, seconded by Councillor Sullivan
Carried
In favour (10): Mayor Davis, Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Carpenter, Councillor Samwell, Councillor Van Tilborg
Amendment: THAT the second WHEREAS clause BE AMENDED to reflect a minimum of 5,000 spectators; and THAT Clause A BE AMENDED to include options for third party partnership and investment opportunities. 27 Recorded vote on amendment to item 12.1.13: YES: (11): Mayor Davis, Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Sless, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Carpenter, Councillor Samwell, and Councillor Van Tilborg
Moved by Councillor McCreary, seconded by Councillor Martin
Carried
In favour (11): Mayor Davis, Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Sless, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Carpenter, Councillor Samwell, Councillor Van Tilborg
A. THAT Staff Report 2023-256, Civic Centre Heating, Ventilating, Air Conditioning System Non-Competitive Procurement, BE RECEIVED; and B. THAT Council APPROVE the non-competitive procurement for the installation of a heating, ventilation and air conditioning (HVAC) system at the Brantford Civic Centre from Vicano Construction Limited pursuant to section 4.02(e) of the Purchasing Policy at an upset limit of $1,625,000; and C. THAT the General Manager, Public Works Commission and the Manager of Purchasing BE AUTHORIZED to execute an agreement with Vicano Construction Limited and any amendments thereto related to the installation of the HVAC unit at the Civic Centre. Recorded vote on item 13.1: YES: (11): Mayor Davis, Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Sless, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Carpenter, Councillor Samwell, and Councillor Van Tilborg
Moved by Councillor Van Tilborg, seconded by Councillor Samwell
Carried
In favour (11): Mayor Davis, Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Sless, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Carpenter, Councillor Samwell, Councillor Van Tilborg
First and Second Reading of By-law 61-2023 Recorded vote on 1st and 2nd reading of By-law 61-2023: YES: (10): Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Sless, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Carpenter, Councillor Samwell, and Councillor Van Tilborg 36 Conflict (1): Mayor Davis
Moved by Councillor Samwell, seconded by Councillor Carpenter
Carried
In favour (10): Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Sless, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Carpenter, Councillor Samwell, Councillor Van Tilborg
THAT LEAVE BE GIVEN to the Mover and Seconder to introduce the following By-laws for 1st and 2nd Reading: BY-LAW PREAMBLE 37-2023 By-law to Amend By-law 70-2010, Being a By-law to Adopt Various Policies of the City of Brantford and to Create a Corporate Policy Manual, by Repealing and Replacing Human Resources-006 (2023-119) (Special City Council #2023-02-13) 38-2023 By-law to regulate the planting, maintenance, protection and preservation of City Trees and to repeal Chapter 322 of the Municipal Code. (2023-82) (Committee of the Whole – Operations Report #2023-03- 07) 39-2023 Being a By-law to amend By-law 30-2023, being a By-law to Fix Fees and Charges to be collected by The Corporation of the City of Brantford for 2023 (2023-82) (Committee of the Whole – Planning and Administration Report #2023-03-21) 40-2023 By-law to amend By-law 30-2023, being a By-law to Fix Fees and Charges to be collected by The Corporation of the City of Brantford for 2023 (2023-127) (Committee of the Whole – Planning and Administration Report #2023-03-21) 41-2023 By-law to amend By-law 70-2010, Being a By-law to adopt various policies of the City of Brantford and to create a Corporate Policy Manual, by repealing and replacing Corporate-044 (2023-127) (Committee of the Whole – Planning and Administration Report #2023-03-21) 42-2023 Being a Bylaw to Adopt Amendment No. 6 to the Official Plan of the City of Brantford (OP-04-18) (Planning Committee Report #2023- 03-9) 37 43-2023 By-law to amend By-law N
Moved by Councillor Carpenter, seconded by Councillor Hunt
Carried
In favour (10): Mayor Davis, Councillor Sullivan, Councillor Caputo, Councillor Sless, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Carpenter, Councillor Samwell, Councillor Van Tilborg
Third and Final Reading of By-law 61-2023 Recorded vote on By-law 61-2023: YES: (10): Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Sless, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Carpenter, Councillor Samwell, and Councillor Van Tilborg Conflict (1): Mayor Davis
Moved by Councillor Sullivan, seconded by Councillor Sless
Carried
In favour (10): Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Sless, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Carpenter, Councillor Samwell, Councillor Van Tilborg
THAT all by-laws having received a first and second reading BE TAKEN as read a third time, and be finally passed and signed by the Mayor and Clerk Recorded vote on all By-laws not separated: YES: (10): Mayor Davis, Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Sless, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Samwell, and Councillor Van Tilborg NO: (1): Councillor Carpenter
Moved by Councillor Caputo, seconded by Councillor Sless
Carried
In favour (10): Mayor Davis, Councillor Sicoli, Councillor Sullivan, Councillor Caputo, Councillor Sless, Councillor Martin, Councillor McCreary, Councillor Hunt, Councillor Samwell, Councillor Van Tilborg · Opposed (1): Councillor Carpenter

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