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 clerk and audio/visual technician, will be in council chambers, with all other staff, Mayor 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.


Due to COVID-19 this meeting will be conducted as a virtual meeting. Only the chair of the meeting, along with a clerk and audio/visual technician, will be in council chambers, with all other staff, members of council and delegations participating in the meeting by calling in remotely. The meeting will be live webcasted, as usual, and archived on the city website.


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 Office of the City Clerk at clerks@burlington.ca by noon the business day before the meeting is to be held. It is recommended that delegates include their intended remarks, which will be circulated to all members of the standing committee in advance, as a backup to any disruptions in technology issues that may occur.


If you do not wish to delegate, but would like to submit feedback, please email your comments to clerks@burlington.ca. Any delegation notes and comments will be circulated to committee members in advance of the meeting and will be attached to the minutes, forming part of the public record.

  • Direct staff to continue to proceed with the processing of the submitted Zoning By-law Amendment application for 5030-5045 Tico Creek Common (Wellings Planning Consultants Inc.) including evaluating and incorporating any/all comments received by Committee and 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.

  • Direct staff to continue to proceed with the processing of the submitted application for Official Plan and Zoning By-law Amendment for 1029 and 1033 Waterdown Road, including evaluating and incorporating any/all comments received by Committee and 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.

  • With the exception of the Official Plan Amendment (OPA), Zoning Bylaw Amendment (ZBA), Draft Plan of Condominium (Regular, Conversion and Vacant Land), Minor Variance and Combined Application Fee categories as it relates to both community planning department report PL-07-22 recommendation and update to By-Law 61-2021, which are to be referred back to staff for further review (see rational below) and report back at the March 22, 2022 Council meeting;

    Approve the proposed Planning Application Fees contained within the report titled “Planning Applications Fees Review – City of Burlington – Final Report” prepared by Watson and Associates Economists Ltd., dated December 22, 2021 and attached as Appendix “A” to community planning department report PL-07-22; and

    Approve the proposed update to By-Law 61-2021, attached as Appendix “B” to community planning department report PL-07-22, effective April 1, 2022.

    Rationale for Referral of OPA, ZBA Categories, Minor Variance and Draft Plan of Condominium (Regular, Conversion and Vacant Land)

    • To review in further detail the determination of proposed OPA, ZBA, Draft Plan of Condominium (Regular, Conversion and Vacant Land), and Minor Variance fees including justification of the proposed 2022 fee increase in relation to the recent changes to direct and indirect costs and comparison to the 2013 development fees review.
    • To consider further options for combined application fees to be applied for both OPA, ZBA, Draft Plan of Condominium (Regular, Conversion and Vacant Land), and Minor Variance fees.
  • Direct the Director of Transportation, Director of Building and Bylaw and Executive Director of Legal Services and Corporation Council to work together with Halton Regional Police Service on the feasibility of a moving vehicle noise bylaw and report back to council in Q2 of 2022. (SD-05-22)

  • Direct the Director of Community Planning to submit community planning department report PL-27-22 to the Provincial Ministry of Municipal Affairs and Housing as the City of Burlington’s response to the Provincial Housing Affordability Task Force report; and

    Direct the Director of Community Planning to monitor any actions emerging from the Housing Affordability Task Force report including:

    • the provision of timely draft comments on any Environmental Registry of Ontario postings subject to subsequent Council approval; and
    • responding, as appropriate, to incorporate any new information in the development of the City’s Housing Strategy.
  • Approve the City of Burlington Development Charges Update Study dated January 21, 2022 and attached as appendix A to finance department report F-06-22; and

    Approve the capital project listings set out in chapter 3 of the City of Burlington Development Charges Update Study dated January 21, 2022; and

    Direct the Chief Financial Officer to ensure that the future excess capacity identified in the City of Burlington Development Charges Update Study dated January 21, 2022 be paid for by development charges or other similar charges; and

    Enact a by-law to amend Development Charges By-law 29-2019 with an effective date of April 1, 2022, as included in appendix A of finance department report F-06-22; and

    Declare no further public meetings are required in accordance with Section 12 of the Development Charges Act, 1997; and

    Approve the development charges rates, indexed in accordance with the Statistics Canada Quarterly construction price statistics, as outlined in finance department report F-06-22 with an effective date of April 1, 2022; and

    Direct the Chief Financial Officer to review and report back, as part of the 2024 development charges background study, on the feasibility of development charges as a tool to incent affordable housing units in consideration of recommendations from the approved Housing Strategy, the Ontario Housing Affordability Task Force report and discussion and feedback from the Region of Halton. (SD-06-22)

  • Receive and file finance department report F-01-22, financial status report as at December 31, 2021.

  • Approve the 2022 proposed budget for the Burlington Downtown Business Improvement Area (BIA) as presented in appendix A of finance department report F-07-22 incorporating a Burlington Downtown BIA members’ levy of $827,000; and

    Authorize the Chief Financial Officer to incorporate the resulting Burlington Downtown BIA tax rates into the 2022 Tax Levy By-Law.

  • Approve the 2022 proposed budget for the Aldershot Village Business Improvement Area (ABIA) as presented in appendix A of finance department report F-08-22 incorporating an Aldershot Village BIA members’ levy of $240,000; and

    Authorize the Chief Financial Officer to incorporate the resulting Aldershot Village BIA tax rates into the 2022 Tax Levy By-Law.

  • Receive and file finance department report F-09-22 reporting on the 2021 year-end financial position.

  • Receive and file finance department report F-11-22 regarding remuneration and expenses paid to Council and appointees for 2021.

  • Receive and file office of the mayor report MO-01-22 providing an update on the Mayor and staff members’ attendance at the annual Rural Ontario Municipal Association (ROMA) virtual conference that took place between January 23 and 25, 2022.

  • Receive and file office of the mayor report MO-02-22 as information on the Mayor’s planned conference attendance and potential travel in 2022 on behalf of the City of Burlington.

  • Receive and file city manager’s office report CM-05-22 providing status reports for designated corporate projects for the period November through December 2021 as detailed in appendix A.

  • Receive and file city manager’s office report CM-06-22 including appendix A - 2021/22 City Manager objectives.

  • Direct the City Manager to proceed with recommended changes as outlined in city manager’s office report CM-08-22 to enhance the alignment and effectiveness of the City of Burlington’s governance accountability framework as follows:

    1. Direct the City Clerk to proceed with a request for proposal (RFP) for a new five- year contract retainer for an independent City of Burlington Integrity Commissioner effective August 1, 2022 to July 31, 2027;
    2. In conjunction with the above noted RFP process, include the following additional policy-related advisory services to be completed by the Integrity Commissioner:
      1. update of the City of Burlington Code of Good Governance to align with and achieve compliance with anticipated future changes to Province of Ontario legislation governing Municipal Codes of Conduct (target date for completion to be confirmed based on completion of province-wide review);
      2. update of City of Burlington Council/Staff Relations Policy including integration with an updated City of Burlington Code of Good Governance (target date to be confirmed);
      3. update of City of Burlington Respect in the Workplace Policy to fully integrate and align with the role and function of the Integrity Commissioner (target date for completion – Q3 2022);
    3. Direct the Chief Financial Officer to allocate one-time funding for completion of the above-noted additional policy development advisory services in the upset amount of $75,000 with funding provided from the contingency reserve fund; and

       

    Direct the City Clerk to report back to the Corporate Services, Strategy, Risk and Accountability Committee on July 4, 2022 with the recommended award of the five-year retainer for the Integrity Commissioner; and

    Direct the City Clerk to work with the Chief Financial Officer to include the estimated funding to cover the ongoing cost for the Integrity Commissioner contract retainer directly within the 2023 and future operating budgets for the Office of the City Clerk.

  • Approve the Use of Corporate Resources During an Election Policy attached as appendix A to office of the city clerk report CL-05-22 with the following amendments:

    1. Delete section 2(a) and replace it with the following:

    a.  Municipally operated facilities/properties can only be used for any election related purpose if there is a rental fee established corporately and the rental is available to all candidates and third parties. No facility/property shall be rented or used for any municipal election related purpose during any day that voting is taking place on the property including set-up, hosting or take-down activities.

    b.  Use of rentals are subject to the following conditions:

    i.  all election campaign materials must only be displayed within the allotted rental period in the allotted rented area designated in the rental agreement; and

    ii.  rentals for campaign related activities are not permitted from the first date of advance voting to the day after voting day; and

    iii. the City reserves the right to refuse or cancel a rental contract at any time, in accordance with the terms of the contract, should it conflict with the City’s corporate values or established policies or procedures, or presents a health and safety concern; and

    iv. no rentals permitted under the Lobby rental category; and

    2. Delete section 3(h) regarding cell phones and the city's Bring Your Own Device program; and

    3. Delete section 4(a)(ii) and replace it with the following:

    ii.  City business cards and promotional materials prepared by Creative and Digital Services shall not be used for any campaign purposes or at any campaign events, and can only be distributed in the normal course of a candidate’s performance of their official duties (eg. distributed during an AMO or FCM conference a member is attending in their official capacity); and

    4. Add the words "to City staff" after "Media requests" in section 4(b)(i)(i); and

    5. Add the following clauses to Media Requests under section 4(b)(i):

    ii.  Sitting council members will continue to be available to media at all times to comment on matters related to the performance of their duties and decision-making, respecting their obligations under the Code of Good Governance Sec 11: “We will communicate information to the public in ways that are accurate, timely, and in the interest of the corporation. We will respect that the Mayor, as head of council, is the primary spokesperson for Council.

    iii. Official city press releases will not feature quotes from any member of council during the election blackout period from midnight the day of the last council meeting of the term, until midnight of election day, except in an emergency situation or in exceptional circumstances as determined by Communications, Clerks, and the City Manager; and

    6. Delete section 4(b)(iii)(ii) and replace it with the following:

    ii.  Printing and distribution of hard copy newsletters for members of Council will be discontinued from the day nominations open to midnight of Election Day unless utilizing the City of Burlington approved and adopted campaign period newsletter template; and

    7. Add the following clause to City Talk Issues and Newsletter under section 4(b)(iii):

    iii. Printed and electronic newsletters whose printing and distribution is paid for with city resources shall not contain campaign information, other than links to general election information (eg. voting locations, key election dates, links to registered candidates); and

    8. Delete section 4(c)(i) and replace it with the following:

    i.  Council advertising of ward meetings will not include the council member’s name and photo, and will only include the generic ward contact information starting nomination day until midnight on election day; and

    9. Add the following sentence to the end of clause 4(c)(i):

    Any meetings hosted by members of Council and paid for by the city must be regarding City business only and may not include any campaigning or distribution of campaign materials; and

    10. Replace the words "owned or leased" with the word "branded" in section 5(d); and

    11. Delete section 4(b)(ii)(i) and replace it with the following:

    i.  Members of Council are required to remove the city logo, crest, official photo or title from their social media bio, but can say they are running for re-election; and

    12. Add the words "or at Civic Square at City Hall" to end of clause 2(b)(iv); and

    Direct the City Clerk to work with the Integrity Commissioner to review and report back by the end of Q2 on the feasibility of aligning the policies governing advisory committees or local boards with the Use of Corporate Resources during an Election Policy for city staff and council, so there is a single policy applicable to staff, council and volunteers. (SD-07-22); and

    Repeal the Use of Corporate Resources During an Election Policy, adopted on October 30, 2017, attached as appendix B to office of the city clerk report CL-05-22.

Pursuant to Section 239(2)(a) of the Municipal Act, the security of the property of the municipality or local board.

  • Receive and file confidential legal department report L-04-22 providing a status update on the 2022-2023 insurance renewal.

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.

  • Instruct the Executive Director of Legal Services & Corporation Counsel or their designate to proceed in accordance with the instructions sought in confidential legal department report L-13-22.

  • Receive and file appendix A of environment, infrastructure and community services report EICS-01-22– Better Homes Burlington: Recommendations report for City of Burlington Home Retrofit Program; and

    Direct the Executive Director of Environment, Infrastructure and Community Services to bring forward a business case as part of the 2023 budget process for the resources required to support implementation of a small-scale home energy efficiency retrofit program including a virtual delivery centre/support for homeowners, and loans through a Local Improvement Charge (LIC) mechanism for Burlington homeowners to improve home energy efficiency and a lower carbon footprint as outlined in environment, infrastructure and community services report EICS-01-22; and

    Direct the Executive Director or Environment, Infrastructure and Community Services to report back in 2023 with recommended program design elements, including a by-law to support the LIC loan, application, review and approval process, and loan agreement.

  • Receive and file the March 3, 2022 staff presentation providing the COVID-19 emergency response verbal update.

  • Approve the recommended changes to the city’s existing Private Tree By-law as detailed in the recommendations section of roads, parks and forestry department report RPF-03-22; and

    Authorize the Executive Director of Legal Services and Corporation Counsel to prepare for Council approval a by-law repealing and replacing the Private Tree By-law to implement changes outlined in roads, parks and forestry department report RPF-03-22; and

    Authorize the Executive Director of Legal Services and Corporation Counsel to prepare for Council approval a by-law amending the Rates and Fees By-law No. 61-2021 to implement new fees as outlined in roads, parks and forestry department report RPF-03-22; and

    Direct the Director of Roads, Parks, and Forestry to provide a status update on the Private Tree By-law to the Environment, Infrastructure and Community Services Committee in Q2 2023; and 

    Direct the Director of Roads, Parks and Forestry to provide a total budget effect analysis for either option one or option three proposed fee structure by April 1, 2022 (SD-08-22); and

    Direct the Director of Roads, Parks and Forestry to report back by April 1, 2022 on the feasibility of including wording in the Private Tree By-law that requires tree replacement on a one for one ratio, provided by the city, when a dead, dying, or diseased tree is removed (SD-09-22).

  • Direct the Director of Roads, Parks and Forestry to implement a three-week Loose Leaf Collection Program as outlined in option 2 in roads, parks and forestry department report RPF-02-22.

  • Direct the Director of Engineering Services to waive the one-time fees for the City of Burlington Municipal Consent Permits related to any rural broadband project in the city of Burlington including the current Internet Access Solutions and Bell Canada applications in the amounts of $24,471.44 and $9,360.54 respectively. (SD-10-22)

  • Direct the Director of Recreation, Community and Culture to implement option 1 for the provision of free menstrual hygiene products in city facilities as outlined in recreation, community and culture department report RCC-02-22, and report back on the results of the program to the Environment, Infrastructure and Community Services Committee in Q4 2022.

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

Pursuant to section 239(2)(k) of the Municipal Act, a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. 

This item has been referred from the Community Planning, Regulation and Mobility meeting of March 1, 2022

  • Approve the proposed Planning Application Fees contained within the report titled “Planning Applications Fees Review – City of Burlington – Final Report” prepared by Watson and Associates Economists Ltd., dated December 22, 2021 and attached as Appendix “A” to community planning department report PL-07-22; and

    Approve the proposed update to By-Law 61-2021, attached as Appendix “B” to community planning department report PL-07-22, effective April 1, 2022.

  • Approve the appointment to the Burlington Downtown Parking Advisory Committee as outlined in confidential appendix A of Office of the City Clerk report CL-07-22 and following approval from Council, make the recommended name for appointment, public.

  • Approve by-law 29-2022, as attached in CM-12-22 Appendix A, to repeal the City of Burlington Mask By-law, By-law 62-2020 as amended, as the Province has repealed its mask mandated effective March 21, 2022; and 

    Approve by-law 30-2022, as attached in CM-12-22 Appendix B, to repeal the City of Burlington Physical Distancing By-law 17-2020, as amended.

  • Approve the hybrid City Council and standing committee plan as outlined in office of the city clerk report CL-11-22.

  • Repeal the COVID-19 Volunteer Vaccination Policy, attached as appendix A to corporate communications and engagement department report CC-02-22.

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

Report F-06-22, Corporate Services, Strategy, Risk and Accountability March 2, 2022

  • Enact and pass By-law Number 33-2022, being a by-law to confirm the proceedings of Council at its meeting held Tuesday, March 22, 2022, being read a first, second and third time.

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

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