Committee of the Whole Meeting

Revised Agenda

Meeting #:

Date:

Monday, February 05, 2024

Time:

9:30 A.m. - 4:30 P.m.

Location:

Hybrid meeting- virtual and Council Chambers, City Hall

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1.

Call to Order

Chair: Mayor Marianne Meed Ward
Vice Chair: Deputy Mayor for Ceremonial/Emergencies Councillor Rory Nisan
Committee Clerk: Lisa Palermo 

2.

Land Acknowledgement

Burlington as we know it today is rich in history and modern traditions of many First Nations and the Métis. From the Anishinaabeg to the Haudenosaunee, and the Métis – our lands spanning from Lake Ontario to the Niagara Escarpment are steeped in Indigenous history. The territory is mutually covered by the Dish with One Spoon Wampum Belt Covenant, an agreement between the Iroquois Confederacy, the Ojibway and other allied Nations to peaceably share and care for the resources around the Great Lakes.

We would like to acknowledge that the land on which we gather is part of the Treaty Lands and Territory of the Mississaugas of the Credit.

3.

Approval of the Agenda

4.

Declarations of Interest

5.

Consent Items

Reports of a routine nature, which are not expected to require discussion and/or debate.  Staff may not be in attendance to respond to queries on items contained in the Consent Agenda.

5.1

Indexation of building permit fees 2024 (BB-01-24) (CPRM)

• Enact By-law XX-2024 as attached as appendix A to building and by-law department report BB-01-24 to amend By-law 66-2019, the Building Permit By-law, to adopt the annual indexation of building permit fees for 2024.

a.

Note: this item was withdrawn by staff but the following correspondence was received.

b.

Correspondence from Victoria Mortelliti, Building Industry and Land Development Association, regarding Indexation of building permit fees 2024 (BB-01-24)

c.

Correspondence from Michelle Diplock, West End Home Builders' Association, regarding Indexation of building permit fees 2024 (BB-01-24)

5.2

Amendment to Firearm Discharge By-law 83-1991 (BL-01-24) (CPRM)

• Approve the amendment to By-law 83-1991, a by-law to regulate or prohibit the discharge of firearms, to exempt agents of the City of Burlington for the purpose of destroying sick, injured, or vicious animals as authorized by law in the performance of their duty, attached as Appendix A to by-law compliance department report BL-01-24, in a form satisfactory to the Director of Legal Services and Corporation Counsel.

5.3

Licensing By-law update and workplan (BL-02-24) (CPRM)

• Receive and file by-law compliance department report BL-02-24 outlining the workplan for updating licensing by-laws in the City of Burlington.

5.4

2024 Hydro Business Plan (F-02-24) (CSSRA)

• Receive and file finance department report F-02-24 regarding the Hydro 2024 business plan.

5.5

School Board(s) pathway winter maintenance agreement updates (RPF-01-24) (EICS)

• Receive and file the roads, parks and forestry department report RPF-01-24 providing an update to the existing pedestrian pathway winter maintenance agreements with both school boards; and

  Authorize the Mayor and City Clerk to execute an updated agreement with the Halton District School Board for winter maintenance of pathways on school property, with the content satisfactory to the Director of Roads, Parks and Forestry and in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel; and

  Authorize the Mayor and City Clerk to execute an updated agreement with the Halton Catholic District School Board for winter maintenance of pathways on school property, with the content satisfactory to the Director of Roads, Parks and Forestry and in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel; and

  Delegate authority to the Director of Roads, Park and Forestry to amend the pedestrian pathway winter maintenance agreements with either school board as may be required from time to time, for administrative and operational changes, subject to the satisfaction of the Executive Director of Legal Services and Corporation Counsel.

5.6

Emergency and Continuity Management Program Bylaw (BFD-02-24) (EICS)

• Approve By-law XX-2024 to establish an Emergency and Continuity Management Program, as attached to Burlington fire department report BFD-02-2024 as Appendices A, B, and C; and

  Repeal By-law 46-2019, a by–law to provide for an Emergency and Continuity Management Program.

5.7

2024 Council Workshops (CL-06-24)

• Receive and file office of the city clerk report CL-06-24 regarding 2024 Council Workshops.

6.

Delegation(s)

Requests to delegate to this hybrid meeting can be made by completing the online delegation registration form at www.burlington.ca/delegate, by noon the business day before the meeting is to be held.

6.1

Delegation from Oubaida Ikharbine regarding Robert Bateman Community Centre construction and site development update (EICS-06-24) (EICS)

6.2

Delegation from Oubaida Ikharbine regarding Robert Bateman Community Centre community engagement sessions and next steps (RCC-01-24) (EICS)

6.3

Delegation from Brian Dean, Burlington Downtown Business Association, and Barry Glazier and Stephen Bell, Burlington Restaurant Association, regarding City of Burlington Outdoor Patio Program (PL-05-24) (CPRM)

6.4

Delegation from Brian Dean, Burlington Downtown Business Association, and Barry Glazier and Stephen Bell, Burlington Restaurant Association, regarding Downtown parking operational changes (TS-04-24) (CPRM)

6.5

Delegation from Jim Thomson regarding Robert Bateman Community Centre construction and site development update (EICS-06-24) (EICS)

6.6

Delegation from Doug Brown, representing Bfast, regarding Robert Bateman Community Centre construction and site development update (EICS-06-24) (EICS)

7.

Presentation(s)

8.

Corporate Services, Strategy, Risk & Accountability Regular Items

Chair: Councillor Rory Nisan
Vice Chair: Councillor Shawna Stolte
Committee Clerk: Lisa Palermo, [email protected]

8.1

2023 community survey results (CC-01-24)

• Receive and file corporate communications and engagement report CC-01-24 providing the 2023 Community Survey results.

a.

Note: Page 13 of Appendix A was revised on Jan. 31, 2024.

8.2

2023 to 2024 group benefits renewal (HR-02-24)

• Renew Sun Life as the provider for the City’s group benefits plan including Extended Health, Dental, Long-Term Disability and Life insurance for the benefit year December 1, 2023 to November 30, 2024; and

  Authorize the Acting Executive Director of Finance and Chief Financial Officer to reallocate the 2024 budget as outlined in the financial matters section of human resources department report HR-02-24 to offset the financial impact of the benefits renewal.

8.3

2024 Halton Court Services business plan and budget (L-05-24)

• Approve the 2024 Halton Court Services (HCS) budget as presented; and

  Contribute $50,000 from net revenues to the capital reserve fund during 2024 to ensure that requirements of the Capital Reserve Fund Policy are met; and

  Withdraw $20,000 from the capital reserve fund for computer hard/soft replacements for the computer renewal program; and

  Reject the transfer of Part III prosecutions to Halton Court Services at this time; and

  That subject to mandated transfer or voluntary assumption of Part III prosecutions, Halton Court Services be delegated the authority to hire one additional full time Case Administrator and one Full Time Prosecutor with any required 2024 funding provided from the HCS net revenue before distributions (via an in-year variance) and future years via the annual budget process; and

  Write-off approximately 190 cases with a total value of approximately $85,763 in accordance with the HCS Write-Off Policy, where it has been determined there are no viable means of collection.

9.

Confidential Items and Closed Session

Confidential items will be discussed at 1:00 p.m. on Monday, February 5, 2024.

Confidential reports may require a closed meeting in accordance with the Municipal Act, 2001. 

Closed session will be chaired by the Chair of Corporate Services, Strategy, Risk and Accountability Regular Items.

9.1

Confidential legal department report regarding outdoor patio program insurance requirements and bonusing (L-02-24)

Pursuant to Section 239(2)(f) of the Municipal Act, advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

9.2

Confidential legal department report regarding the triannual litigation update (L-04-24)

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.

9.3

Confidential finance department report regarding the status of the contingency reserve Dec. 31, 2023 (F-06-24)

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.

9.4

Confidential legal department report on a litigation matter regarding 789-795 Brant St. (L-09-24)

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.

a.

Note: this item was withdrawn by staff.

10.

Rise and Report

11.

Environment, Infrastructure & Community Services Regular Items

Chair: Councillor Lisa Kearns
Vice Chair: Councillor Kelvin Galbraith
Committee Clerk: Suzanne Gillies, [email protected]

11.1

Robert Bateman Community Centre construction and site development update (EICS-06-24)

• Receive and file environment, infrastructure and community services report EICS-06-24 providing an update on the Robert Bateman Community Centre construction and site development.

a.

Staff presentation regarding Robert Bateman Community Centre construction and site development update (EICS-06-24)

11.2

Robert Bateman Community Centre community engagement sessions and next steps (RCC-01-24)

• Direct the Director of Recreation, Community and Culture to explore opportunities for dedicated exclusive use space for: arts and culture, skills trade, social services and science and technology programming at Robert Bateman Community Centre (RBCC), while ensuring space and opportunity for open social spaces gathering; and

  Report back to Committee of the Whole by September 2024 as outlined in recreation, community and culture department report RCC-01-24.

a.

Staff presentation regarding Robert Bateman Community Centre community engagement sessions and next steps (RCC-01-24)

12.

Community Planning, Regulation & Mobility Regular Items

Chair: Councillor Shawna Stolte
Vice Chair: Councillor Lisa Kearns
Committee Clerk: Jo-Anne Rudy, [email protected]

12.1

City of Burlington Outdoor Patio Program (PL-05-24)

• Approve the establishment of a permanent city-wide seasonal outdoor patio program beginning in 2024 as outlined in community planning department report PL-05-24; and

  Approve the fee structure for the permanent city-wide seasonal outdoor patio program as detailed in Option 1 of community planning department report PL-05-24; and

  Direct the Director of Community Planning to prepare any necessary by-laws to create a permanent city-wide seasonal outdoor patio program and implement a fee structure, in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel, or designate, for council consideration and approval; and

  Enact By-law 2020.463 as contained in Appendix A of community planning department report PL-05-24; and

  Deem that the amending Zoning By-law conforms to the Official Plan of the City of Burlington; and

  Endorse, in principle, the Seasonal Patio Guidelines for Outdoor Patios on Public Lands as set out in Appendix B to community planning department report PL-05-24; and

  Delegate authority to approve the Seasonal Patio Guidelines for Outdoor Patios on Public Lands as set out in Appendix B to community planning department report PL-05-24, and any amendments, to the Executive Director of Community Planning, Regulation & Mobility, or designate.

a.

Memorandum from Todd Evershed providing corrections to community planning department report PL-05-24 regarding City of Burlington Outdoor Patio Program

b.

Staff presentation regarding City of Burlington Outdoor Patio Program (PL-05-24)

c.

Correspondence from Anita Cassidy, Burlington Economic Development, regarding City of Burlington Outdoor Patio Program (PL-05-24)  

12.2

Downtown parking operational changes (TS-04-24)

• Direct the Director of Transportation Services to increase the hourly parking rate by $0.25 to $2.00 per hour for on-street spaces, off-street facilities and lots in the downtown (excluding the beach and the beach overflow lot), effective March 1st 2024; and

  Direct the Director of Transportation Services to increase downtown daily maximum parking rate from $14 to $18 (excluding the beach and the beach overflow lot), effective March 1st 2024; and

  Direct the Director of Transportation Services to increase downtown parking permit fees from $83.00 to $91.00 and $132.00 to $151.00 effective March 1st 2024; and

  Direct the Director of Transportation Services to implement hourly parking on Saturdays between 9am & 6pm for all on-street spaces and within “premium” surface lots (#1, #4 and #5).

a.

Correspondence from Andrew Pawlowsky, representing the Burlington Downtown Parking Advisory Committee, regarding Downtown parking operational changes (TS-04-24)

12.3

Sheldon Creek neighbourhood traffic safety review (TS-03-24)

Note: Appendix A can be accessed at burlington.ca/meetings

• Receive and file transportation services department report TS-03-24 regarding Sheldon Creek Neighbourhood Traffic Safety Review.

a.

Staff presentation regarding Sheldon Creek neighbourhood traffic safety review (TS-03-24)

12.4

Eligibility of 400 Brant Street for Heritage Designation (PL-18-24)

• State an intention to designate the property at 400 Brant Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance for 400 Brant Street attached to community planning department report PL-18-24 as Attachment C; and

  Direct the Director of Community Planning to provide notice of Council’s intention to designate 400 Brant Street, in accordance with section 29 (3) and 29 (4) of the Ontario Heritage Act; and

  Direct the City Clerk to present the draft designation by-law to Council for approval within 120 days after the date of publication of the notice of intention to designate 400 Brant Street, provided there is no objection or withdrawal; and

  Direct the City Clerk to take the necessary actions in the event of any objection to the notice of intention to designate pursuant to Part IV of the Ontario Heritage Act, sections 29 (5) and 29 (6).

a.

Staff presentation regarding Eligibility of 400 Brant Street for Heritage Designation (PL-18-24)

12.5

Heritage response to Bill 23 - results of consultation on shortlist of designation candidates (PL-14-24)

• Confirm support for the shortlist of designation candidates proposed in community planning department report PL-35-23.

a.

Staff presentation regarding Heritage response to Bill 23 - results of consultation on shortlist of designation candidates (PL-14-24)

13.

Statutory Public Meeting

This item to be discussed at 9:30 a.m. on Tuesday, January 9, 2024

Statutory Public Meetings will be chaired by the Chair of Community Planning, Regulation and Mobility Regular Items.

13.1

Zoning By-law Amendment at 336 Appleby Line (PL-07-24)

• Approve the Zoning By-law Amendment application for the property located at 336 Appleby Line to permit one (1) semi-detached dwelling of two (2) storeys in height fronting onto Cottonwood Drive; and

  Approve Zoning By-law 2020.468, attached as Appendix D to Report PL-07-24, which amends the zoning of the lands located at 336 Appleby Line from ‘R2.4’ zone to ‘R4-533’; and

  Deem that the amending zoning by-law will conform to the Official Plan of the City of Burlington and that there are no applications to alter the Official Plan with respect to the subject lands

a.

Staff presentation regarding Zoning By-law Amendment at 336 Appleby Line (PL-07-24)

b.

Delegation from Nicole Goodman regarding Zoning By-law Amendment at 336 Appleby Line (PL-07-24)

c.

Delegation from Irene Goodman regarding Zoning By-law Amendment at 336 Appleby Line (PL-07-24)

d.

Delegation from Victoria Colantonio and Terrance Glover, representing Urban in Mind, regarding Zoning By-law Amendment at 336 Appleby Line (PL-07-24)

e.

Delegation from Mary-Alice St. James regarding Zoning By-law Amendment at 336 Appleby Line (PL-07-24)

14.

Procedural Motions

15.

Information Items

15.1

Office of the City Clerk memo providing forecast of standing committee agendas (COW-02-24)

16.

Staff Remarks

17.

Committee Remarks

18.

Adjournment