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.
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.
Recommendations from Standing Committees:
 

11.1
Council Workshop meeting of July 12, 2021
 

This meeting was cancelled. 

11.2
Community Planning, Regulation and Mobility meeting of September 7, 2021
This item has attachments. 

1.Post-Meeting Minutes - CPRM_Sep07_2021.pdf

a.
Delegation of appointment of Chief Building Official, Deputies and Inspectors (BB-07-21)
 

  • Approve By-law 50-2021, respecting the appointment of Chief Building Official, Deputy Chief Building Officials and Building Inspectors and the revisions made that capture departmental role changes, attached as Appendix A to building and by-law department report BB-07-21.

b.
Grant from Community Heritage Fund for 2411 Lakeshore Road (PL-45-21)
 

  • Approve the grant application for restoration work to front verandah, including sanding, filling and painting to the support columns and sun motif, at 2411 Lakeshore Road in the amount of $904.00 to be funded by the Burlington Community Heritage Fund.

c.
Staff direction regarding the review of by-law updates to allow for improved compliance (CPRM-06-21, SD-26-21)
 

  • Direct the Director of Building and By-law to review options for updating by-laws to include mechanisms which will allow staff to remedy community issues related to items such as shipping containers and derelict vehicles and report back with by-law updates in Q1 2022. (SD-26-21)

11.3
Audit Committee meeting of September 8, 2021
This item has attachments. 

1.Post-Meeting Minutes - Audit Committee_Sep08_2021.pdf

a.
Office of the City Auditor update (CA-01-21)
 

  • Receive and file city auditor’s office report CA-01-21 providing a high-level workplan for the office of the city auditor over the next six months.

b.
Financial highlights for the period ended June 30, 2021 (F-30-21)
 

  • Receive and file finance department report F-30-21 providing financial highlights as at June 30, 2021.

c.
Evaluation of the external auditors (F-31-21)
 

  • Receive and file finance department report F-31-21 providing an evaluation of the external auditors.

11.4
Corporate Services, Strategy, Risk and Accountability meeting of September 9, 2021
This item has attachments. 

1.Post-Meeting Minutes - CSSRA_Sept09_2021.pdf

a.
Vision to Focus (V2F) integrated reporting update – July 2021 (CS-11-21)
 

  • Receive and file the Vision to Focus (V2F) integrated reporting update as of July 2021 as contained in Appendix A of corporate strategy department report CS-11-21.

b.
Operating budget performance report as at June 30, 2021 (F-27-21)
 

  • Direct the Chief Financial Officer to report back on the city’s year-end strategy upon confirmation of the 2021 year-end actual.

c.
Financial status report as at June 30, 2021 (F-29-21)
 

  • Receive and file finance department report F-29-21, providing the financial status report as at June 30, 2021.

d.
Association of Municipalities of Ontario (AMO) 2021 conference highlights (MO-05-21)
 

  • Receive and file office of the mayor report MO-05-21 providing highlights of the Association of Municipalities of Ontario 2021 virtual conference.

e.
Annual report of the Integrity Commissioner (CL-17-21)
 

  • Receive and file office of the city clerk report CL-17-21 providing the annual report from Principles Integrity, Integrity Commissioner for the City of Burlington.

f.
Corporate project status updates (CM-17-21)
 

  • Receive and file city manager’s office report CM-17-21 providing status reports for designated corporate projects for the period April through July 2021 as detailed in Appendix A.

g.
Service re-design interim modifications and resumptions (CM-18-21)
 

  • Receive and file appendix A of city manager’s office report CM-18-21 providing information about service re-design decisions made under delegated authority during the period July 14 to September 6, 2021; and

    Receive and file appendix B of city manager’s office report CM-18-21 providing an update on the city’s adoption of a hybrid workforce model – city manager’s office; and

    Receive and file appendix C of city manager’s office report CM-18-21 providing interim service delivery modifications approved by the Burlington Leadership Team, Emergency Control Group and/or service leads for facility ventilation - health and safety human resources; and

    Direct the Chief Financial Officer to track and monitor the financial implications of the above service delivery program changes in the ongoing COVID-19 financial impact reporting to Council.

h.
Hybrid Council and standing committee meeting strategy (CL-25-21)
 

  • Authorize the City Clerk to proceed with the $20,000 in hybrid meeting capital costs as detailed in office of the city clerk report CL-25-21.

  • Refer the implementation plan of hybrid Council and standing committee meetings back to the City Clerk until such time as there is a much-improved safety environment.

i.
Confidential contingency report as at June 30, 2021 (F-32-21)
 

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-32-21 providing the status of the reserve for contingencies as at June 30, 2021.

j.
Confidential presentation regarding an employee and labour relations matter (HR-05-21)
 

Pursuant to Section 239(2)(d) of the Municipal Act, labour relations or employee negotiations.

  • Direct the Executive Director of Human Resources to proceed as outlined in confidential human resources presentation HR-05-21.

k.
Confidential litigation update May 1 to August 31, 2021 (L-23-21)
 

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.

  • Direct the Executive Director of Legal Services or their designate to proceed in accordance with the instructions sought in matters 7, 24 and 36 and receive and file the balance of confidential legal department report L-23-21.

l.
Instructions regarding a confidential matter (CM-21-21)
 

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.

  • Authorize the City Manager and designated staff to proceed in accordance with the instructions recommended in city manager’s office report CM-21-21.

11.5
Environment, Infrastructure and Community Services meeting of September 13, 2021
This item has attachments. 

1.Post-Meeting Minutes - EICS_Sep13_2021 - English.pdf

a.
Cootes to Escarpment EcoPark System 2022-2026 Memorandum of Understanding (ES-36-21)
 

  • Endorse the Cootes to Escarpment EcoPark System 2022-2026 Memorandum of Understanding (MOU), attached as Appendix A to engineering services department report ES-36-21; and

    Authorize the Executive Director of Environment, Infrastructure & Community Services to sign the MOU; and

    Authorize annual contributions as indicated in Schedule B: 2022-2026 expenses and budget of the MOU to support the Cootes to Escarpment EcoPark System operating budget.

b.
Burlington-Milton boundary roads maintenance agreement (RPF-24-21)
 

  • Authorize the Director of Roads, Parks and Forestry to negotiate and enter into on behalf of the City of Burlington, a new boundary highway maintenance and repair agreement between the City of Burlington and the Town of Milton, and any necessary ancillary documents which sets out the roles, responsibilities, and obligations of the parties with respect to shared road segments along the municipal boundary line in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel and with content satisfactory to the Director of Roads, Parks and Forestry; and

    Authorize the Mayor and City Clerk to execute the new boundary highway maintenance and repair agreement between the City of Burlington and the Town of Milton in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel.

c.
Winter services update and disposition of related staff directions (RPF-18-21)(SD-27-21)(SD-28-21)
 

  • Receive and file roads, parks, and forestry department report RPF-18-21, regarding an update on winter services and disposition of related staff directions; and 

    That council consider during upcoming budget discussions enhancing the service for windrow clearing to twelve hours while keeping the fee at the existing rate for an estimated cost of $7,000, and provide flexibility on the number of spaces, with a report back to council as part of the regular variance reporting; and 

    Direct the Director of Roads, Parks and Forestry to commence discussions with the Halton District School Board in order to add +/-175m of pathway, connecting Blue Spruce Avenue to the rear of Alexander's Public School, to the list of pathways and trails that are maintained in the winter commencing in the 2021/2022 winter season (SD-27-21); and 

    Authorize and direct staff, if necessary, to negotiate, and the Mayor and City Clerk be authorized to enter into an access agreement with the Halton District School Board for pathway plowing 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 

    Direct the Director of Roads, Parks and Forestry to commence discussions with the Halton District School Board and the Halton Catholic District School Board in order to add all remaining unmaintained pathways connecting city streets and school properties in support of active transportation and our City of Burlington Integrated Mobility Plan, to the list of pathways and trails that are maintained in the winter commencing in the 2021/2022 winter season and report back during the upcoming budget discussions (SD-28-21).

d.
Archaeological review agreements with First Nations (ES-41-21)
 

  • Authorize the Director of Engineering Services to enter into archaeological review agreements and field liaison representative participation agreements for capital projects, which involve a city-initiated archaeological assessment with content satisfactory to the Director of Engineering Services and in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel with the following Indigenous communities:

    • Mississaugas of the Credit First Nation;
    • Six Nations of the Grand River; and
    • Haudenosaunee Confederacy Chiefs Council.

e.
Tender award - EICS-21-45 Mountainside Pool revitalization (EICS-15-21)
 

  • Award the Request for Tender (RFT) EICS-21-45 for Mountainside Pool Revitalization to Chandos Construction Ltd. for $6,545,925.00 including H.S.T and provisional item(s); and

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

    Authorize the additional funding of $1,050,000 from a transfer of $600,000 of funding from the Infrastructure Renewal Reserve Fund and $450,000 from the Corporate Accessibility Implementation Project; and

    Authorize the City Clerk to prepare and submit for consideration by Council the debenture by-law; and

    Authorize the Mayor and City Clerk to sign any required agreements in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel; and

    Approve the total cost of $6,950,000.00 (Net H.S.T) be charged to Capital Order CC0043 and funded as detailed in Appendix B attached.

f.
New event – Burlington Holiday Market (RCC-12-21)
 

  • Approve an event called the Burlington Holiday Market as outlined in recreation, community, and culture department report RCC-12-21 for 2021 and 2022, and report back in Q2 2022 on the economic impact of local businesses, cultural impact, and parking/active transportation impact of the new event; and

    Authorize the Director to Recreation, Community and Culture to implement the specific details required to support the various components of the event that are to be hosted on city property.  

11.6
Community Planning, Regulation and Mobility Public meeting of September 14, 2021
This item has attachments. 

1.Post-Meeting Minutes - CPRM Committee-Public_Sep14_2021.pdf

a.
Official Plan and Zoning By-law amendments for 40-70 Plains Rd East (PL-34-21)
 

  • Direct staff to continue to process the submitted official plan and zoning by-law amendments for 40-70 Plains Road East, including evaluating and incorporating any/all comments received by the 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.

b.
Official Plan and Zoning By-law amendments for 407 Martha Street (PL-41-21)
 

  • Receive and file community planning department report PL-41-21 regarding official plan amendment and zoning by-law amendment applications for 407 Martha Street.

12.
Motion to Approve Standing Committee Minutes:
 

  • Approve the following minutes:

13.
Urgent Business:
 

13.1
Confidential real estate acquisition (L-22-21)
 

This item was referred to Council from Corporate Services, Strategy, Risk and Accountability Committee meeting of September 9, 2021. 

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

14.
Motions of Members:
 

14.1
Motion to Endorse the 988 Crisis Hotline Initiative (ADM-04-21)
This item has attachments. 

1.ADM-04-21 988 Crisis Hotline Endorsement.pdf

  • City Council endorse the 988 crisis hotline initiative and request the City Clerk to advise the Federal Minister of Health, the Canadian Radio-television Telecommunications Commission, the Greater Toronto and Hamilton Area Municipalities, the Burlington Members of Parliament and the Burlington Members of Provincial Parliament of City Council's endorsement. 

14.2
Motion for the Recognition of September 30th as National Day for Truth and Reconciliation in the City of Burlington (ADM-05-21)
This item has attachments. 

1.ADM-05-21-Motion Memo National Day for Truth and Reconciliation Sept 21.pdf

  • Whereas the Truth and Reconciliation Commission released its final report on June 2, 2015, which included 94 Calls to Action to redress the legacy of residential schools and advance the process of Canadian reconciliation; and


    Whereas the recent discoveries of remains and unmarked graves across Canada have led to increased calls for all levels of government to address the recommendations in the TRC’s Calls to Action; and


    Whereas all Canadians and all orders of government have a role to play in reconciliation; and 


    Whereas Recommendation #80 of the Truth and Reconciliation Commission called upon the federal government, in collaboration with Indigenous peoples, to establish, as a statutory holiday, a National Day for Truth and Reconciliation to ensure that public commemoration of the history and legacy of residential schools remains a vital component of the reconciliation process; and 


    Whereas the City of Burlington is committed to meeting the TRC’s Calls to Action as they apply to municipalities and supporting the Indigenous community spreading awareness on the history residential schools; and


    Whereas the Federal Government has announced September 30th, 2021, as the first National Day for Truth and Reconciliation (National Orange Shirt Day) and a statutory holiday;

    Therefore be it resolved that the Council of the City of Burlington does hereby commit to recognizing September 30th, 2021, as the National Day for Truth and Reconciliation (National Orange Shirt Day) by sharing the stories of residential school survivors, their families, and communities. 

14.3
Resolution in Support of Keeping Schools Open (ADM-06-21)
This item has attachments. 

1.Motion for Resolution to Keep Schools Open September 2021 KA_.pdf

  • Whereas schools are an essential service in all communities and should be protected as much as possible from the need to be closed because of COVID-19 spread; and 


    Whereas the Halton Regional Council passed a similar resolution on September 15th, 2021,


    Therefore be it resolved that Burlington City Council requests that the Province of Ontario first examine and choose methods to reduce community contacts, should they be required, other than closing schools in order respond to rising number of COVID cases; and 


    That Burlington City Council endorses the written submission by the Council of Medical Officers of Health to the Province of Ontario regarding this issue; and


    That a copy of this resolution be forwarded to the Premier of Ontario, Minister of Health, Minister of Education, and Burlington’s MPP’s for their information.

15.
Council Information Packages:
 

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

16.
Motion to Consider Confidential Items:
 

17.
Notices of Motion:
 

18.
Motion to Approve By-Laws:
 

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

18.1
50-2021: Appointments of a Chief Building Official, Deputies and Inspectors
This item has attachments. 

1.50-2021 - Appointments for CBO, Deputies and Inspectors.pdf

Report BB-07-21- Community Planning, Regulation and Mobility Committee meeting of September 7, 2021

18.2
51-2021: Assumption of parcels of land in the City of Burlington as Public Highway
This item has attachments. 

1.51-2021 - Assumption Bylaw .pdf

Report ES-22-21- Environment, Infrastructure and Community Services Committee meeting of June 10, 2021

18.3
52-2021: Authorize a request for the issuing of debentures by the Regional Municipality of Halton for the Harvester Road Sidewalk Construction
This item has attachments. 

1.52-2021 - Debenture By-law - Harvester Sidewalk.pdf

Report ES-37-21, Delegated Authority Report DA-63-21

18.4
53-2021: Authorize a request for the issuing of debentures by the Regional Municipality of Halton for the Mountainside Pool Revitalization
This item has attachments. 

1.53-2021 Debenture By-law Mountainside Pool.pdf

Report EICS-15-21- Environment, Infrastructure and Community Services Committee meeting of September 13, 2021

19.
Confirmatory By-law:
This item has attachments. 

1.Confirmation By-law 09-21-21.pdf

  • Enact and pass By-law Number 54-2021, being a by-law to confirm the proceedings of Council at its meeting held Tuesday, September 21, 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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