Special Meeting of Council
Agenda

Meeting #:
Date:
Time:
-
Location:
Virtual

Due to COVID-19 this meeting will be conducted as a virtual meeting, with no public attendance. Only the Deputy Mayor, along with a clerk and audio/visual technician, will be in council chambers, with all other staff and members of council participating in the meeting by calling in remotely. The meeting will be live web streamed, as usual, and archived on the city website.

1.
Call to Order:
 

2.
Regrets:
 

3.
Declarations of Interest:
 

4.
Delegations:
 

Requests to delegate to this virtual meeting can be made by completing the online delegation registration form at www.burlington.ca/delegate or by submitting a written request by email to the Clerks Department at clerks@burlington.ca by 9:00 am on the day that the meeting is to be held. All requests to delegate must contain a copy of the delegate’s intended remarks which will be circulated to all Members of Council in advance as a backup should any technology issues occur.  If you do not wish to delegate, but would like to submit feedback, please email your comments to clerks@burlington.ca. Your comments will be circulated to Council members in advance of the meeting and will be attached to the minutes, forming part of the public record.

5.
Items to be considered at the Special Meeting of Council:
 

5.1
Amendments to Temporary Use By-law and By-law Regulating Temporary Outdoor Patios In All Seasons (PL-60-20)
This item has attachments. 

1.PL-60-20 Amendments to temporary Use By-law Regulating Temporary Outdoor Patios in All Seasons.pdf
2.PL-60-20 Appendix A Bylaw 2020 422 BN.pdf
3.PL-60-20 Appendix B Delegation of Authority restrict common law passage covid patios.pdf
4.PL-60-20 Appendix C Financial.pdf
5.PL-60-20 Appendix D Winter Control.pdf

  • Approve Option 2, to:

    Authorize Executive Director of Community Planning, Regulation and Mobility, working in consultation with Director of Transportation, to approve extension of temporary restaurant patios and/or temporary retail space permissions on public property in connection with COVID-19 recovery to October 31, 2021, subject to such criteria and conditions staff deem appropriate;

    Authorize the Executive Director of Community Planning, Regulation and Mobility, working in consultation with the Director of Roads, Parks and Forestry and the Director of Transportation to undertake a case by case consideration of winter patios on public property and/or rights of way in downtown Burlington and to permit winter patios on public property and rights of way, where feasible, having regard to relevant operational considerations including winter control and winter maintenance of sidewalks and roads and general public safety;

    Authorize the Executive Director of Community Planning, Regulation and Mobility, working in consultation with the Director of Transportation, to approve extension of temporary outdoor patios and/or temporary retail space on private property to October 31, 2021 subject to such criteria and conditions as staff deem appropriate; and

    Authorize the Executive Director of Community Planning, Regulation and Mobility to grant or revoke such approvals, consents, agreements or other authorizations and take such other steps as may be required to give effect to the recommendations herein;

    Authorize the Executive Director of Community Planning, Regulation and Mobility to execute any documents and agreements necessary to implement the recommendations herein

    Amend By-law 2020.422, a By-law to amend Zoning By-law 2020 of the City of Burlington to permit temporary outdoor patios as a result of the COVID-19 pandemic recovery efforts until October 31, 2021, attached as Appendix “A” to Report PL-60-20; and

    Amend By-law 39-2020, a By-law to delegate authority to temporarily restrict the common law right of passage in connection with on-street restaurant patios and other on-street retail uses in Downtown Burlington to allow for temporary outdoor patios in Burlington until October 31, 2021, attached as Appendix “B” to Report PL-60-20.

6.
Motions:
 

6.1
Motion to go into Closed Session:
 

  • Move into closed session in accordance with the following provisions under the Municipal Act, sections 239 (2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, with respect to Community Planning Department report PL-60-20 regarding Amendments to Temporary Use By-law and By-law Regulating Temporary Outdoor Patios In All Seasons (PL-60-20)

6.2
Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, 2020
 

  • Whereas after a public review of the Municipal Elections Act, that included input from the public, municipal councils and staff from across the province, in 2016 The Province of Ontario passed the Municipal Elections Modernization Act, 2016 giving municipalities the option of using ranked ballots in future elections; and

    Whereas on November 28, 2016 Burlington City Council voted to “Direct the City Clerk to monitor ranked ballot elections in Ontario and report back to Council with a comprehensive report following the 2018 Municipal Election”; and

    Whereas on September 28, 2020 the City Clerk in Burlington did provide Burlington City Council with this comprehensive report and Burlington City Council voted to have staff initiate a public consultation process on the use of ranked ballots in future municipal elections; and

    Whereas every one of the 444 municipalities in Ontario is unique and should have the ability to choose a voting system that meets their needs and provides residents with a voting system that ensures public confidence, encourages voting and participation in the democratic process, is accessible and inclusive, safe guards the public trust in the election process and will result in a council that can effectively represent constituents’ interest; and

    Whereas every political party in Ontario uses a ranked ballot voting system to elect its leader, including the present provincial leadership; and

    Whereas the City of Burlington has approached municipalities throughout Ontario to come together to form a collective alliance to share consulting costs as well as any collaborative procurement opportunities to reduce the financial impact to all, if our residents support a change; and

    Whereas Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, 2020, proposes removing the option of using ranked ballots for municipal elections from municipalities, was introduced with no prior consultation with municipalities, and while many municipalities had yet to complete their public consultation on ranked ballots; and

    Therefore be it resolved:


    That the Minister of Municipal Affairs and Housing is requested to remove the proposed changes to the Municipal Act from Bill 218 that eliminate the option for municipalities to choose a ranked ballot voting system; and

    That the provincial government meaningfully consult with municipalities on municipal issues before introducing legislative changes of this magnitude; and

    That the City Clerk be directed to communicate Council’s position with the Premier and Minister of Municipal Affairs and Housing; and

    That this resolution be forwarded to the Premier, Halton’s Members of Provincial Parliament, the Association of Municipalities of Ontario, the Ontario Big City Mayors’ Caucus, Halton Region, Halton’s local municipalities and the Municipalities of Kingston, Cambridge, London and Barrie.

7.
Motion to Receive and File Information Items:
 

  • Receive and file information items, having been considered by Council:

8.
Motion to Approve By-laws:
 

  • Enact and pass the following by-laws which are now introduced, entitled and numbered as indicated below:

9.
Motion to Confirm Proceedings of the Council Meeting:
 

  • Enact and pass By-law Number 82-2020, being a by-law to confirm the proceedings of the Special Council at its meeting held Monday, November 2, 2020, being read a first, second and third time.

10.
Motion to Adjourn:
 

  • Adjourn this Council now to meet again at the call of the Mayor.

No Item Selected