Committee of the Whole Meeting

Minutes

Meeting #:
Date:
Time:
-
Location:
Hybrid meeting- virtual and Council Chambers, City Hall
Members Present:
  • Mayor Marianne Meed Ward (Chair), 
  • Kelvin Galbraith, 
  • Lisa Kearns, 
  • Shawna Stolte, 
  • Paul Sharman, 
  • and Angelo Bentivegna 
Member Regrets:
  • Rory Nisan (absent on February 5 & 6, 2024) 
Staff Present:
  • Tim Commisso, 
  • Blake Hurley, 
  • Allan Magi, 
  • Brynn Nheiley, 
  • Jacqueline Johnson, 
  • Sue Evfremidis, 
  • Sheila Jones, 
  • Emilie Cote, 
  • Kerry Davren, 
  • Enrico Scalera, 
  • Craig Kummer, 
  • Samantha Yew, 
  • Oanh Kasperski, 
  • Jamie Tellier, 
  • David Thompson (Audio/Video Specialist), 
  • Richard Bellemare (Audio/Video Specialist), 
  • Lisa Palermo (Clerk), 
  • Suzanne Gillies (Clerk), 
  • and Jo-Anne Rudy (Clerk) 

Chair: Mayor Marianne Meed Ward
Committee Clerk: Lisa Palermo

The Chair read the land acknowledgement.

  • Moved byCouncillor Galbraith

    Agenda approved as presented.

    Note: Item 5.1 Indexation of building permit fees 2024 (BB-01-24); and Item 9.4 Confidential legal department report on a litigation matter regarding 789-795 Brant St. (L-09-24), were withdrawn by staff in advance of the meeting.

    CARRIED
  • Moved byCouncillor Kearns

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

    CARRIED
  • Moved byCouncillor Kearns

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

    CARRIED
  • Moved byCouncillor Kearns

    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.

    CARRIED
  • Moved byCouncillor Kearns

    Approve By-law 07-2024 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.

    CARRIED
  • Moved byCouncillor Kearns

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

    CARRIED

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

  • Moved byCouncillor Sharman

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

    CARRIED
  • Moved byMayor Meed Ward

    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.

    CARRIED
  • Moved byCouncillor Bentivegna

    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.

    CARRIED

9.1
Confidential legal department report regarding outdoor patio program insurance requirements and bonusing (L-02-24)

 

9.2
Confidential legal department report regarding the triannual litigation update (L-04-24)

 

9.3
Confidential finance department report regarding the status of the contingency reserve Dec. 31, 2023 (F-06-24)

 

Committee reconvened into open session on February 5, 2024 at 2:58 p.m.

  • Moved byCouncillor Kearns

    Receive and file confidential legal department report L-02-24 providing an update on insurance requirements and bonusing for outdoor patios.

    CARRIED
  • Moved byCouncillor Galbraith

    Direct the Executive Director of Legal Services or his designate to proceed in accordance with the instructions sought in matters 9, 17, 25, 43, 44, 45, 46, and 47 and that the balance of legal department report L-04-24 be received and filed.

    CARRIED
  • Moved byCouncillor Sharman

    Receive and file finance department report F-06-24 regarding the status of the contingency reserve Dec. 31, 2023.

    CARRIED
  • Moved byCouncillor Sharman

    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.

    CARRIED
  • Moved byCouncillor Sharman

    Receive and file recreation, community and culture department report RCC-01-24 outlining community feedback regarding Robert Bateman Community Centre indoor use; and

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

    CARRIED

Note: View the February 6, 2024 video for the discussion of Items 12.1 - 12.5.

  • Moved byCouncillor Sharman

    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 revised Option 1 (included in the Revised COW Agenda dated Feb. 2, 2024) and remove the fees related to on-street barriers (capital and operating); and 

    Amend the seasonal patio guidelines application requirement to include liability insurance in the amount of $2M; and

    Direct the Director of Community Planning to report back in Q4 2024, following the implementation and operation of the 2024 patio program to evaluate program outcomes and continued implementation of the permanent city-wide seasonal outdoor patio program (SD-01-24); 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.

    CARRIED
  • Moved byCouncillor Kearns

    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 April 2, 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 April 2, 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 April 2, 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).

    CARRIED
  • Amendment:
    Moved byCouncillor Kearns

    Change the effective date from March 1, 2024 to April 2, 2024.

    CARRIED
  • Moved byCouncillor Sharman

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

    CARRIED
  • Moved byCouncillor Kearns

    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).

    CARRIED
  • Moved byCouncillor Kearns

    Direct the Director of Community Planning to substitute the list of heritage designation candidates included in community planning department report PL-35-23 with the below amended list of heritage designation candidates to be studied by a consultant over the next year:

    1. 482 Elizabeth Street
    2. 451 Nelson Avenue
    3. 518 Hager Avenue
    4. 562 Maple Avenue
    5. 458 Elizabeth Street
    6. 490 Elizabeth Street
    7. 2003 Lakeshore Road
    8. 390 John Street
    9. 2437 Dundas Street
    10. 368 Brant Street
    11. 550 Hurd Avenue
    12. 2280 No. 2 Side Road
    13. 6414 Walker’s Line
    14. 367 Torrance Street
    15. 1433 Baldwin Street
    16. 380 Brant Street
    17. 1134 Plains Road East
    18. 513 Locust Avenue
    19. 242 Plains Road East
    20. 444 Plains Road East
    21. 2022 Victoria Avenue
    22. 1421 Lakeshore Road
    23. 5726 Cedar Springs Road (Dakota School House)
    CARRIED
  • Amendment:
    Moved byMayor Meed Ward

    Add remaining properties below and direct staff to provide information regarding appropriate funding and source of funding to February 13, 2024 Council meeting:

    1. 451 Elizabeth Street
    2. 1406 Ontario Street
    3. 1419 Ontario Street
    4. 461 Elizabeth Street
    5. 472 Locust Street
    6. 2464 Dundas Street
    7. 2066 Kilbride Street
    LOST

Note: this item was moved from Consent Items and was discussed before Item 12.1.

  • Moved byCouncillor Sharman

    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.

    CARRIED

Note: View the February 6, 2024 video for the discussion of this item.

The Committee of the Whole, in accordance with the Planning Act, held Public Meeting No. 2-24 on February 6, 2024, regarding Zoning By-law Amendment applications for 336 Appleby Line. Having considered the oral and written comments received from staff and the public, the Committee of the Whole approved community planning department report PL-07-24.

  • Moved byCouncillor Sharman

    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.

    CARRIED
  • Moved byCouncillor Bentivegna

    Receive and file the following 14 items, having been given due consideration by the Committee of the Whole.

    CARRIED

Meeting was called to order on February 5, 2024 at 9:30 a.m.

10:51 a.m. (recessed), 11:03 a.m. (reconvened), 12:07 p.m. (recessed), 1:02 p.m. (reconvened),1:03 p.m. (closed), 2:50 (recessed), 2:58 p.m. (reconvened in public), 3:07 p.m. (recessed), 3:09 p.m. (reconvened), 4:30 p.m. (recessed)

Meeting reconvened on February 6, 2024 at 9:30 a.m.

10:41 a.m. (recessed), 10:51 a.m. (reconvened), 11:55 a.m. (recessed), 1:02 p.m. (reconvened), 2:13 p.m. (recessed), 2:23 p.m. (reconvened)

Chair adjourned the meeting at 3:00 p.m.

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