Regular Meeting of Council
Agenda

Meeting #:
Date:
Time:
-
Location:
Council Chambers - members participating remotely

Due to COVID-19 this meeting will be conducted as a virtual meeting, with no public attendance. Only the 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.
National Anthem:
 

3.
Regrets:
 

4.
Proclamations:
 

5.
Motion to Approve Council Minutes:
 

  • Confirm the minutes of the following meeting of Council:

6.
Recognitions and Achievements:
 

7.
Presentations:
 

8.
Declarations of Interest:
 

9.
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.

10.
Petitions:
 

11.
Recommendations from Standing Committees:
 

11.1
Council Workshop meeting of January 18, 2021
This item has attachments. 

1.01-18-21 - Post-Meeting Minutes - Council Workshop_Jan18_2021 - English.pdf

There were no recommendations from this meeting.

11.2
Corporate Services, Strategy, Risk and Accountability meeting of January 21, 2021
This item has attachments. 

1.Post-Meeting Minutes - Corporate Services, Strategy, Risk and Accountability Committee_Jan21_2021 - English.pdf

a.
2021 operating budget overview (F-04-21) (SD-05-21)
 

  • Receive the proposed 2021 operating budget book; and

    Direct staff to present the recommendations in Appendix A to the Corporate Services, Strategy, Risk and Accountability Committee meetings of February 23 and 25, 2021 for review and approval, taking into consideration committee amendments; and

    Direct the Chief Financial Officer to provide a list of 2021 operating budget reduction items for Council’s consideration that could decrease the overall proposed tax impact (city, region, education) from 2.88% to 2.43% (representing a city tax increase of 3.99%) with the list being provided to members of Council by February 1, 2021 and included for public reporting as part of the February 23, 2021 Corporate Services, Strategy, Risk & Accountability Committee - Operating Budget Review and Approval. (SD-05-21)

11.3
Community Planning, Regulation and Mobility meeting of February 2, 2021
This item has attachments. 

1.02-02-21 - Post-Meeting Minutes - Community Planning, Regulation and Mobility Committee_Feb02_2021 - English.pdf

a.
Response to Staff Direction SD-32-19 – Meridian Brick Aldershot Quarry (PL-04-21)
 

  • Receive and file community planning report PL-04-21 providing a response to staff direction SD-32-19 regarding the Meridian Brick Aldershot Quarry.

b.
Meridian Brick Aldershot Quarry (MO-02-21)
 

  • Approve the Terms of Reference for the creation of the Aldershot Quarry Community Liaison Committee detailed in Appendix C to Mayor’s office report MO-02-21; and

    Receive and file Appendices A and B to Mayor’s office report MO-02-21.

c.
Confidential legal advice regarding Meridian Brick Aldershot Quarry (L-01-21)
 

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

  • Receive and file legal services department report L-01-21 providing confidential legal advice on Meridian Brick Aldershot Quarry.

11.4
Corporate Services, Strategy, Risk and Accountability meeting of February 3, 2021
This item has attachments. 

1.Post-Meeting Minutes - CSSRA_Feb03_2021 - English.pdf

a.
Hydro business plan (F-01-21)
 

  • Receive and file finance department report F-01-21 regarding the Hydro 2021 business plan.

b.
2021 budget engagement process (F-05-21)
 

  • Receive and file finance department report F-05-21 providing details about the 2021 budget engagement process.

c.
Investing in Canada Infrastructure (ICIP) - transit stream funding agreement (CS-01-21)
 

  • Authorize the Mayor and City Clerk to execute the transfer payment agreement or any required amendment to the agreement between the City of Burlington and the Province of Ontario regarding the Investing in Canada Infrastructure Program (ICIP) - transit stream, along with the attached by-law and any other related documents to the satisfaction of the Executive Director of Legal Services and Corporation Counsel.

d.
2021 Halton Court Services business plan and budget (L-03-21)
 

  • Approve the 2021 Halton Court Services (HCS) budget as presented; and

    Approve a cost-recovery collections fee of $30.00 to be added to all defaulted fines effective January 1, 2021, and the collections fee to be reviewed every three years thereafter; and

    Contribute $50,000 from net revenues to the capital reserve fund during 2021 to ensure that requirements of the capital reserve fund policy are met; and

    Approve $40,000 for additional A/V equipment to deliver virtual court and remote interpretation solutions as per provincial requirements due to the pandemic funded through the capital reserve fund; and

    Amend the memorandum of understanding and local side agreement to reflect the transfer of part three Provincial Offences Act (POA) prosecutions from the Ministry of Attorney General (MAG) to the municipal partnership; and

    Approve the hiring of one Prosecutor to manage the download of responsibility from the province for the prosecution of part three offences; and

    Approve the conversion of one part-time Case Administrator to one full-time position to manage the download of responsibility from the province for the case administration of part three offences; and

    That recommendations 5, 6, and 7 above be subject to the terms of the transfer of responsibility for part three prosecutions being determined/clarified by the Province and its municipal partners, and HCS staff reporting back to the joint management board (JMB) on the following:

    1. amending the memorandum of understanding and local side agreement to reflect the transfer of part three POA prosecutions from MAG to the municipal partnership, and
    2. the staffing implications required to manage the download of responsibility from the province for the prosecution of part three offences, and
    3. the financial implications of the transfer of the prosecution of part three offences including mitigation opportunities; and

    Direct HCS staff to report back to the JMB following the first quarter of 2021 on the status of the budget.

e.
Implementation of Burlington lands partnership (CM-01-21)
 

  • Approve the Terms of Reference dated January 2021 for the BLP attached as Appendix A to city manager’s office report CM-01-21; and

    Approve funding of the BLP in the amount of $250,000 from the Strategic Plan Reserve Fund to support the year one operations; and

    Direct the City Manager to report back on the following:

    • In Q2 2021, following consultation with the BLP Steering Committee, with the proposed Burlington lands partnership operating model and the 2021/22 business plan objectives; and
    • In Q3 2022, with a status update report on the Burlington lands partnership including overall 2021/22 performance/accomplishments, detailed financial report, both operating and capital budget related and recommendations for future strategic land management; and

    Refer the council representation of the Burlington Lands Partnership Steering Committee back to the City Manager and report back at the March 3, 2021 Corporate Services, Strategy, Risk and Accountability Committee.

f.
Confidential update on a litigation matter (L-02-21)
 

Pursuant to Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

  • Instruct the Executive Director of Legal Services & Corporation Counsel or their designate to proceed in accordance with the instruction sought in confidential legal department report L-02-21.

g.
Confidential verbal update on a real estate matter (CSSRA-03-21)
 

Pursuant to Section 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board.

  • Instruct the Executive Director of Legal Services & Corporation Counsel or their designate to proceed in accordance with suggested approach outlined in confidential legal department presentation CSSRA-03-21.

11.5
Environment, Infrastructure and Community Services meeting of February 4, 2021
This item has attachments. 

1.Post-Meeting Minutes - EICS_Feb04_2021 - English.pdf

a.
Public Tree Removal Report – 338 Johnston Drive (RPF-02-21)
 

  • Approve the request by the applicant to remove six (6) City trees in order to proceed with the proposed grading activities as part of a requirement of Conservation Halton to satisfy conditions identified in the applicants land severance application through Committee of Adjustment File No. B-014/18; and

    Instruct the applicant, Tony Millington & Associates on behalf of Gurmit Kahlon, to provide compensation for tree removals by providing cash-in-lieu of replacement totaling $2,600.00. The funds will provide for new tree plantings elsewhere in the City which includes care and maintenance for the first two years; and

    Direct that a tree permit be obtained for the removals and the associated development related permit fee of $680.00 plus HST; and

    Direct that all associated costs with respect to the removal of the 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.

b.
Open Air Burning 2020 Pilot North Aldershot Extension (BFD-02-21)
 

  • Approve an extension to the open air burning pilot in the North Aldershot area, from March 1, 2021 to December 31, 2022 as outlined in Burlington fire department report BFD-02-21; and

    Direct the Fire Chief to report back in 2023 to advise council on their final recommendations to revise or uphold the allowed burning areas defined in By-law 65-2019, Appendix A to Burlington fire department report BFD-02-21. 

c.
Electric Vehicle Charging Update and Analysis (EICS-01-21) 
 

  • Receive and file environment, infrastructure and community services report EICS-01-21 providing electric vehicle charging update and analysis; and

    Direct the Executive Director of Environment, Infrastructure and Community Services to develop a policy to guide the expansion, upper level government or external funding, operation and maintenance of electric vehicle charging infrastructure on city property.

d.
Update to By-Law 76-2020 – Emergency and Continuity Management Program (BFD-01-21)
 

Note: Memorandum regarding this item is attached as item 17.1.

  • Approve the amendments to By-Law 76-2020, Emergency and Continuity Management Program and associated appendices, attached as Appendix 1 to Burlington fire department report BFD-01-21, including:

    • Appointment of new members to the Municipal Emergency Control Group (MECG);
    • Appointment of new members to the Emergency Management Program Committee (EMPC); and
    • Transition of the physical alternate Emergency Operations Center to the new Virtual Emergency Operations Center Platform; and

      Amend the Emergency and Continuity Management Program By-Law 76-2020 section 2.1.4 to read 'The Head of Council of the City of Burlington may declare that an emergency exists in the municipality or in any part thereof and may take such action and make such orders as he or she considers necessary and are not contrary to law to implement the emergency plan of the municipality and to protect property and the health, safety and welfare of the inhabitants of the emergency area' and amend section 2.2.2 under subheading Head of Council to read 'The Head of Council (or the Council) of the City of Burlington may at any time declare that an emergency has terminated'

11.6
Council Workshop meeting of February 8, 2021
This item has attachments. 

1.02-08-21 - Post-Meeting Minutes - Council Workshop_Feb08_2021 - English.pdf

There were no recommendations from this meeting.

12.
Motion to Approve Standing Committee Minutes:
 

  • Approve the following minutes:

13.
Reports of Municipal Officers:
 

13.1
Feasibility of a city-wide health protection by-law (SD-06-21)
 

Memorandum regarding this item is attached as item 17.2.

  • Direct the Executive Director of Legal Services to undertake a detailed review of the feasibility of a city-wide health protection by-law to be funded from the contingency reserve fund and report back by Q2 2021.

13.2
Burlington Advisory Committees and Burlington Downtown Business Association Board Appointments (CL-03-21)
This item has attachments. 

1.CL-03-21 Appointments to Advisory Committees.pdf

Confidential Appendix A to be distributed under separate cover.

  • Approve appointments to the City of Burlington’s advisory committees and the Burlington Downtown Business Association Board of Directors, as outlined in confidential Appendix A of office of the city clerk’s report CL-03-21, and following approval from Council make the recommended names for appointments public.

14.
Notices of Motion:
 

15.
Motions:
 

16.
Motion to Receive and File Council Information Packages:
 

  • Receive and file the following Information Packages, having been prepared and distributed to Council:  

17.
Motion to Receive and File Information Items:
 

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

18.
Motion to Approve By-Laws:
 

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

19.
Motion to Confirm Proceedings of the Council Meeting:
 

  • ​​Enact and pass By-law Number 12-2021, being a by-law to confirm the proceedings of Council at its meeting held Tuesday, February 16, 2021, being read a first, second and third time.

20.
Statements by Members:
 

21.
Motion to Adjourn:
 

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

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