Regular Meeting of Council
Revised Agenda

Meeting #:
Date:
Time:
-
Location:
Hybrid meeting- virtual and Council Chambers, City Hall

City Council meetings are now being conducted using a hybrid model, allowing members of Council, city staff and the public the option of participating remotely or in-person. We ask for your patience as we work through this new meeting model today. The meeting will be live web streamed, as usual, and archived on the city website.

1.
Call to Order:
 

2.
National Anthem:
 

3.
Land Acknowledgement:
 

4.
Regrets:
 

5.
Proclamations:
 

6.
Recognitions and Achievements:
 

7.
Motion to approve Council Minutes:
 

  • Confirm the minutes of the following meeting of Council:

8.
Presentations:
 

9.
Declarations of Interest:
 

10.
Delegations:
 

In order to speak at a Council meeting, Individuals must register as a delegation no later than noon the day before the meeting. To register, complete the online application at www.burlington.ca/delegation or by submitting a written request by email to the Office of the City Clerk at clerks@burlington.ca


If you do not wish to delegate, but would like to submit feedback, please email your comments to clerks@burlington.ca by noon the day before the meeting. 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.

11.
Petitions:
 

12.
Recommendations from Standing Committees:
 

12.1
Corporate Services, Strategy, Risk & Accountability meeting of June 6, 2022
This item has attachments. 

1.June 6, 2022 Minutes Corporate Services, Strategy, Risk and Accountability Committee.pdf

a.
Investigation report from Burlington Ombudsman MUN-13233-0321 (CL-18-22)
 

  • Receive and file office of the city clerk report CL-18-22 regarding the investigation from the Ombudsman, file MUN-13233-0321.

b.
Annual report from the Burlington Ombudsman (CL-20-22)
 

  • Receive the 2021 annual report from ADR Chambers, Ombudsman for the City of Burlington, attached as Appendix A to office of the city clerk report CL-20-22.

c.
Joint Election Compliance Audit Committee with Halton Regional Municipalities (CL-23-22)
 

  • Approve the 2022-2026 Joint Compliance Audit Committee Terms of Reference attached as Appendix A to office of the city clerk report CL-23-22.

d.
Financial results for Burlington Hydro for the period ended December 31, 2021 (F-20-22)
 

  • Receive and file finance department report F-20-22 providing financial results for Burlington Enterprises Corporation.

e.
Response to staff direction regarding the election and local boards (CL-25-22)
 

  • Receive and file the memorandum dated May 17, 2022 from the City of Burlington Integrity Commissioner, attached as Appendix A to office of the city clerk report CL-25-22; and

    Amend the Code of Conduct for Local Boards to delete the following from Rule 5 (Election Campaigns) as recommended by the City of Burlington Integrity Commissioner, memorandum dated May 17, 2022:

    "Any member of a Board or Committee wishing to fully participate in an election campaign will be granted a leave of absence from the Board or Committee".

f.
COVID-19 emergency response verbal update (CSSRA-05-22)
 

  • Receive and file the June 6, 2022 staff presentation providing the COVID-19 emergency response verbal update.

g.
Government relations annual report (CS-07-22)
 

  • Receive and file corporate strategy report CS-07-22, providing an update on the funding, advocacy, monitoring and reporting work of government relations (GR) at the City of Burlington.

h.
Closed Session Protocol (CM-18-22)
 

  • Approve the Closed Session Protocol attached as Appendix A to city manager’s office report CM-18-22; and

    Direct the City Clerk to bring forward all related Procedure By-law amendments to the July 2022 Corporate Services, Strategy, Risk and Accountability Committee meeting.

i.
Public engagement update on Robert Bateman High School land related proposals (CM-17-22)
 

Note: See item 17.1 for supplemental information.

  • Receive and file city manager’s office report CM-17-22 providing a public engagement update on Robert Bateman High School land related proposals.

j.
Release of legal fees (CSSRA-06-22) (SD-19-22)
 

  • In accordance with the City of Burlington’s corporate policy respecting the Disclosure of External Legal Costs, direct the Executive Director of Legal Services and Corporation Counsel to bring forward a report for council’s consideration to waive solicitor-client privilege in order to release the aggregate amount of legal fees paid in respect of each individual appeal to the Ontario Land Tribunal and its predecessors, Local Planning Appeals Tribunal and Ontario Municipal Board, that has reached final conclusion during this current term of Council, and report back at the next regularly scheduled meeting of the Corporate Services, Strategy, Risk and Accountability Committee. (SD-19-22)

k.
Confidential status report on the contingency reserve fund as at April 30, 2022 (F-22-22)
 

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.

  • Receive and file finance department report F-22-22 providing a confidential status report on the contingency reserve fund as at April 30, 2022.

l.
Confidential triannual litigation update - February 1 to April 30, 2022 (L-16-22)
 

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.

12.2
Community Planning, Regulation & Mobility meeting of June 7, 2022
This item has attachments. 

1.2022_06_07_Community_Planning_Regulation_and_Mobility_Committee_Minutes.pdf

a.
Integrated Mobility Plan update report (TS-04-22)
 

  • Receive and file transportation services department report TS-04-22 providing an Integrated Mobility Network update.

b.
Changes to Lot Maintenance By-law 59-2018 (BB-07-22)
 

  • Approve the recommended changes to the City’s existing Lot Maintenance By-law 59-2018 intended to clarify regulations related to naturalized areas, vegetative growth, temporary storage of equipment and materials, eliminate restrictions on when enforcement can occur and allow for inclusion into the City’s Administrative Monetary Penalty System as detailed in building and by-law department report BB-07-22; and

    Authorize the Executive Director of Legal Services and Corporation Counsel to prepare for Council approval a by-law repealing and replacing Lot Maintenance By-law 59-2018, significantly in the form attached as Appendix A to building and by-law department report BB-07-22; and

    Authorize the Executive Director of Legal Services and Corporation Counsel to prepare for Council approval a by-law amending the City of Burlington Property Standards By-law 28-2009, as amended, to implement changes which eliminates duplication between the Lot Maintenance and Property Standards By-laws in the form attached as Appendix B to building and by-law report BB-07-22.

c.
Eligibility of 795 Brant Street for inclusion on the Municipal Register of Cultural Heritage Resources (PL-44-22)
 

  • Direct the Director of Community Planning to add 795 Brant Street to the Municipal Heritage Register and provide notice to the owner of the property within 30 days, pursuant to section 27(5) of the Ontario Heritage Act, R.S.O. 1990, c. O.18; and

    Authorize the City Clerk to take necessary action if there are any objections in accordance with Section 27(7) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18; and

    Direct the Director of Community Planning to contact the property owner to discuss the conservation of the original portions of the 2-storey masonry building on the property as part of a future development; and

    Direct the Director of Community Planning to retain a qualified heritage consultant to complete a third-party heritage evaluation and a statement of significance of 795 Brant Street.

d.
City of Burlington Housing Strategy (PL-05-22)
 

  • Approve the proposed Housing Strategy attached as Appendix A to community planning department report PL-05-22.

12.3
Audit Committee meeting of June 8, 2022
This item has attachments. 

1.Post-Meeting Minutes - Audit Committee_Jun08_2022 - English.pdf

a.
Summary of in-progress Management Action Plans (CA-04-22)
 

  • Receive and file city auditor’s office report CA-04-22 providing a summary of the Management Action Plans in progress as identified in Appendix A.

b.
Financial highlights for the period ended March 31, 2022 (F-18-22)
 

  • Receive and file finance department report F-18-22 providing financial highlights as at March 31, 2022.

c.
Mandatory legislative training compliance rates for 2021 (HR-06-22)
 

  • Receive and file human resources department report HR-06-22 providing information about the 2021 compliance rates for mandatory legislative training.

d.
External Audit Results for the 2021 Financial Statements (F-19-22)
 

  • Receive and file finance department report F-19-22 presenting information on the external audit results for 2021.

e.
Consolidated financial statements December 31, 2021 (F-23-22)
 

  • Approve the 2021 consolidated financial statements for the City of Burlington and the local boards, as audited by Deloitte LLP attached to finance department report F-23-22 as Appendices A, B, C, D, E and F; and

    Approve the 2021 financial statements for the trust funds of the City of Burlington as audited by Deloitte LLP attached to finance department report F-23-22 as Appendix G; and

    Authorize the Chief Financial Officer to publish the statements on the City’s website.

12.4
Environment, Infrastructure and Community Services meeting of June 9, 2022
This item has attachments. 

1.Post-Meeting Minutes - EICS_Jun09_2022 - English.pdf

a.
Tender Award, South Service Road Renewal (ES-25-22)
 

  • Award the tender for contract ES-22-11 South Service Road Renewal to King Paving & Construction Ltd. for $1,776,623.29 including HST; and

    Authorize the Manager of Procurement Services to issue an internal purchase order; and

    Authorize the City Clerk to prepare the debenture by-law; and

    Authorize the Mayor and City Clerk to sign any required agreements with the bidder named above, subject to the satisfaction of the Executive Director of Legal Services and Corporation Counsel; and

    Approve the total cost of $2,077,000 (Net HST) to be charged to Capital Order RA0251 and funded as outlined in the financial matters section of engineering services department report ES-25-22.

b.
Public tree removal report – 1770 Appleby Line (535-005-20)(RPF-16-22)
 

  • Approve the request by the applicant to remove (1) public tree in order to proceed with the proposed site plan application File No. 535-005-20 as outlined in roads, parks & forestry department report RPF-16-22; and

    Instruct the applicant, Tim Jessop on behalf of NYX Appleby Storage LP, to provide compensation for the public tree removal by providing cash-in-lieu of replacement totaling $500.00; and

    Direct that a tree permit be obtained for the public tree removals and pay the associated tree permit fees as outlined in the City’s Rates and Fees By-law; and

    Direct that all associated costs with respect to the removal of the public trees (including stump removal) will be the responsibility of the applicant. The contractor hired to remove the trees will require approval by the Manager of Urban Forestry or designate.

c.
Fire Master Plan (2022) (BFD-03-22)
 

  • Receive and file the Fire Master Plan (FMP) (2022) prepared by Dillon Consulting, attached as Appendix A, to Burlington fire department report BFD-03-22; and

    Direct the Fire Chief to utilize the 2022 FMP, as a reference document, to support “Fire Protection Service” delivery within the City of Burlington over the next 10 years (2022-2031); and

    Direct the Chief Financial Officer to incorporate the financial investments recommended within the 2022 FMP, as part of the 2023 budget and multi-year simulation, based on prioritization of funding as part of the revised long-term community investment plan; and

    Direct the Fire Chief to report back to council on the various recommendations provided within the Fire Master Plan through additional staff reports and/or the budget process, as required.

d.
Corporate Energy & Emissions Management Plan progress report (ES-06-22)
 

  • Authorize the submission of relevant content/data in Appendix A of report EICS-06-22 be submitted to the Ontario Ministry of Energy and published on Burlington’s website to encourage energy awareness, conservation and meet the reporting requirements under Ontario Regulation 507/18; and

    Authorize the Mayor and City Clerk to execute the necessary agreements and other related documents or by-laws between the City of Burlington and the Government of Canada, in relation to the Low Carbon Economy Challenge Fund – Champions Stream, should our application for the Robert Bateman High School Revitalization be successful, to the satisfaction of the Executive Director of Legal Services and Corporation Counsel; and

    Authorize the Mayor and City Clerk to execute the necessary agreements and other related documents or by-laws between the City of Burlington and the Government of Canada, in relation to the Low Carbon Economy Challenge Fund – Champions Stream, should our application for the Brant Hills Community Centre – Deep Energy Retrofit be successful, to the satisfaction of the Executive Director of Legal Services and Corporation Counsel; and

    Authorize the Mayor and City Clerk to execute the necessary agreements and other related documents or by-laws between the City of Burlington and, The Toronto Atmospheric Fund, operating as The Atmospheric Fund, (“TAF”) in relation to the, GTHA EV Charging Fund, to the satisfaction of the Executive Director of Legal Services and Corporation Counsel.

e.
Park Provisioning Master Plan - progress report (ES-05-22)
 

  • Receive and file engineering services department report ES-05-22 regarding the City of Burlington Park Provisioning Master Plan progress report.

f.
Burloak grade separation and Drury pedestrian bridge update (ES-26-22)
 

  • Receive and file engineering services department report ES-26-22 providing an update on the Burloak grade separation and Drury Lane pedestrian bridge; and

    Authorize the City Manager to negotiate and execute an agreement with Metrolinx and the Town of Oakville for the cost sharing, delivery and maintenance of the Burloak grade separation, with content satisfactory to the Director of Engineering Services and form satisfactory to the Executive Director of Legal Services and Corporation Counsel; and

    Authorize the City Manager to negotiate and execute an agreement with Metrolinx for the cost sharing, delivery and maintenance of the Drury Lane pedestrian bridge, with content satisfactory to the Director of Engineering Services and form satisfactory to the Executive Director of Legal Services and Corporation Counsel; and

    Approve the temporary full road closure of Burloak Drive at the rail crossing for the duration of 12 months in connection with the construction of the Burloak grade separation.

g.
Leash free site application options for Ward 1 and Ward 5 (RCC-07-22)
 

  • Direct the Director of Recreation, Community and Culture to complete public engagement to determine a preferred location for a leash free area in Ward 1 and Ward 5 as outlined in report recreation, community and culture department report RCC-07-22; and

    Direct the Director of Recreation, Community and Culture to put a hold on the leash free area application process until the update to the Parks, Recreation and Cultural Assets Master Plan is completed.

h.
LaSalle Park Community Marina (RCC-11-22)
 

  • Rescind the staff direction received at the Environment, Infrastructure & Community Services Committee on May 5, 2022; and

    Direct the Director of Recreation, Community and Culture to proceed in working with the LaSalle Park Marina Association to operate the LaSalle Park Community Marina based on the past years’ operating model and confirmation of insurance.

12.5
Community Planning, Regulation and Mobility Public meeting of June 14, 2022
This item has attachments. 

1.2022_06_14_Community_Planning_Regulation_and_Mobility_Committee_Minutes.pdf

a.
Applications to amend the Official Plan and Zoning By-law for 1120 Cooke Boulevard (PL-48-22)
 

  • Direct staff to continue to process the submitted applications for Official Plan and Zoning By-law Amendments for 1120 Cooke Boulevard, including evaluating and incorporating any/all comments received by Committee and the public at the Statutory Public Meeting, as well as the comments received through the ongoing technical review of this application by agency partners and internal departments.

13.
Motion to Approve Standing Committee Minutes:
 

  • Approve the following minutes:

14.
Urgent Business:
 

14.1
Supplementary Confidential Memorandum – 795 Brant Street (L-31-22)
 

Pursuant to sections 239(2) and 239(3) of the Municipal Act, advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

14.2
Confidential Update on a Real Estate Matter – Robert Bateman High School Acquisition, Land Exchange and Lease Transactions (L-23-22)
 

Pursuant to sections 239(2) and 239(3) of the Municipal Act, a proposed or pending acquisition or disposition of land by the municipality or local board.

14.3
Aldershot BIA Member Appointments
This item has attachments. 

1.CL-24-22 - Aldershot BIA Appointments .pdf
2.Appendix A - Letter from Aldershot BIA.pdf
3.Appendix B - ABIA Minutes, May 12, 2022.pdf

  • Confirm the following appointments to the Aldershot Business Improvement Board of Management for a term to expire on November 14, 2022 or upon appointment of their successors;
    •Sonia Pagliuso,
    •Mariam Mulkewich,
    •Dr. Kiara Galbreath,
    •Dr. Karen Lee
    •Allen Teska

    Appoint Leslie Bullock to the Aldershot Business Improvement Board of Management for a term to expire on November 14, 2022, or upon appointment of their successor.

  • Confirm the following appointments to the Aldershot Business Improvement Board of Management for a term to expire on November 14, 2022 or upon appointment of their successors; • Sonia Pagliuso, • Mariam Mulkewich, • Dr. Kiara Galbreath, • Dr. Karen Lee • Allen Teska Appoint Leslie Bullock to the Aldershot Business Improvement Board of Management for a term to expire on November 14, 2022, or upon appointment of their successor.

14.4
CS-08-22 Hamilton Halton Brant Tourism Relief Funding Approval
This item has attachments. 

1.CS-08-22 Hamilton Halton Brant Tourism Relief Funding Approval.pdf

  • Authorize the Mayor and City Clerk to execute on behalf of The Corporation of the City of Burlington the transfer payment, and any other ancillary document (s) or amendment(s), between the City of Burlington and the Hamilton Halton Brant Regional Tourism Association regarding the Hamilton Halton Brant Tourism Relief, to the satisfaction of the Executive Director of Legal Services and Corporation Counsel.

15.
Motions of Members:
 

16.
Council Information Package:
 

17.
Motion to Receive and File Information Items:
 

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

17.1
Memorandum regarding public engagement update on Robert Bateman High School land related proposals (CM-17-22)
This item has attachments. 

1.1. Supplemental Memo to public engagement update on Robert Bateman High School land related proposals CM-17-22.pdf
2.2. Robert Bateman Proposals Engagement - Final Project Page Results - Appendix A.pdf
3.3. Robert Bateman Proposals Engagement Questions and Emails for June 21 Report - Appendix B.pdf

17.2
Delegation notes from Jim Thomson regarding LaSalle Park Community Marina (RCC-11-22)
This item has attachments. 

1.Jim Thomson delegation presentation regarding RCC-11-22.pdf
2.Jim Thomson delegation correspondence Need to Amend By-law.pdf

17.3
Correspondence from Jim Thomson regarding Public engagement update on Robert Bateman High School land related proposals (CM-17-22)
This item has attachments. 

1.Jim Thomson correspondence regarding Bateman (CM-17-22).pdf

18.
Motion to Consider Confidential Items:
 

19.
Notice of Motion:
 

20.
Motion to Approve By-Laws:
 

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

20.1
49-2022: A by-law to repeal and replace Lot Maintenance By-law 59-2019, being a by-law to regulate exterior property maintenance including vegetation, refuse and graffiti.
This item has attachments. 

1.49-2022 - To Repeal and Replace Lot Maintenance By-law 59-2018.pdf

Report BB-07-22, Community Planning, Regulation and Mobility Committee June 7, 2022

20.2
50-2022:  A by-law to amend By-law 28-2009, being a by-law to prescribe standards for the maintenance and occupancy of properties in the City of Burlington.
This item has attachments. 

1.50-2022 - Amendments to Property Standards By-law 28-2009.pdf

Report BB-07-22, Community Planning, Regulation and Mobility Committee June 7, 2022.

20.3
51-2022: A by-law to authorize a request for the issuing of debentures by the Regional Municipality of Halton for the South Service Road Renewal Project.
This item has attachments. 

1.51-2022 - Debenture By-law for Tender Award - Contract ES-22-11.pdf

Report ES-25-22, Environment, Infrastructure and Community Services Committee June 9, 2022.

21.
Confirmatory By-law:
This item has attachments. 

1.52-2022 Confirming by-law Council June 21 2022.pdf

  • Enact and pass By-law Number 52-2022, being a by-law to confirm the proceedings of Council at its meeting held Tuesday, June 21, 2022, being read a first, second and third time.

22.
Statements by Members:
 

23.
Motion to Adjourn:
 

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

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