Regular Meeting of Council
Agenda

Meeting #:
Date:	Tuesday, February 15, 2022
Time:	1:00 P.m. - 10:00 P.m.
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.

---

1.

Call to Order:

2.

National Anthem:

3.

Land Acknowledgement:

4.

Regrets:

5.

Proclamations:

5.1

Non-Profit Sector Awareness Week: February 14-20, 2022

5.2

Rare Disease Awareness Day: February 28, 2022

5.3

World Down Syndrome Day: March 21, 2022

6.

Recognitions and Achievements:

7.

Motion to approve Council Minutes:

• Confirm the minutes of the following meetings of Council:

7.1

Regular Meeting of Council January 18, 2022

7.2

Special meeting of Council February 3, 2022

8.

Presentations:

9.

Declarations of Interest:

10.

Delegations:

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 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 . 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.

11.

Petitions:

12.

Recommendations from Standing Committees:

12.1

Community Planning, Regulation & Mobility meeting of February 1, 2022

a.

Official Plan and Zoning By-law amendments application for 284-292 Plains Road East (PL-01-22)

• Direct staff to continue to proceed with the processing of the submitted application for Official Plan and Zoning By-law Amendment for 284 & 292 Plains Road East, 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.

b.

Plan of Subdivision for 4375 Millcroft Park Drive (PL-12-22)

• Direct staff to continue to proceed with the processing of the submitted Plan of Subdivision application for 4375 Millcroft Park Drive (Salotto Building Group Inc.) 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.

c.

Planning Application Fee Review (PL-07-22, SD-03-22)

• Refer community planning department report PL-07-22 regarding the planning application fee review to the Council meeting of February 15, 2022; and

  Direct the Director of Community Planning to provide the data to the industry stakeholders and Council for their review prior to the February 15, 2022, Council meeting. (SD-03-22)

d.

Rainbow Pride Banners (TS-01-22)

• Direct the Director of Transportation Services to install Rainbow Pride Banners along the section of Brant Street between Fairview Street and Ghent Avenue for the month of June, in the following years; 2022, 2023 and 2024.

12.2

Corporate Services, Strategy, Risk & Accountability meeting of February 2, 2022

a.

Hydro business plan (F-03-22)

• Receive and file finance department report F-03-22 regarding the Hydro 2022 business plan.

b.

2021 to 2022 group health benefits renewal (HR-02-22)

• Retain Sun Life as the provider of major medical, dental, long term disability and life insurance for the benefit year December 1, 2021 to November 30, 2022.

c.

Halton Court Services business plan and budget (L-05-22)

• Approve the 2022 Halton Court Services (HCS) budget as presented; and

  Contribute $50,000 from net revenues to the capital reserve fund during 2022 to ensure that requirements of the Capital Reserve Fund Policy are met; and

  Approve the draft terms of reference with respect to an external review of Halton Court Services including, but not limited to, development of operations and recommendations relate to service delivery, long-term financial sustainability and governance to a maximum of $100,000 be provided from the stabilization reserve fund.

d.

Election Sign By-law (CL-04-22)

• Enact a by-law to regulate election signs in the City of Burlington and repeal By-law 18-2018, attached as appendix B to office of the city clerk report CL-04-22; and

  Enact a by-law to amend By-law 34-2007, as amended, being the Sign and Advertising By-law to delete references to election signs, attached as appendix C to office of the city clerk report CL-04-22.

e.

Vision to Focus progress report as of Q4 2021 (CS-02-22)

• Receive and file Vision to Focus (V2F) progress report and V2F integrated reporting update as of December 2021 as contained in appendices A and B of corporate strategy report CS-02-22.

f.

City-wide customer experience optimization and operationalization of CRM system (CX-01-22)

• Receive and file customer experience department report CX-01-22 providing an update on city-wide customer experience optimization and operationalization of the CRM system.

g.

Staff direction regarding closed meeting protocol (CSSRA-02-22) (SD-04-22)

• Direct the City Manager to include in the upcoming report (CM-08-22 – March 2, 2022)  a review of the City of Burlington closed session meeting policies and procedures and report back on options and recommendations to ensure the development of updated best practices, policies and procedures. (SD-04-22)

• Refer motion memorandum CSSRA-02-22 regarding closed meeting protocol to the City Manager for a staff-driven process.

h.

Confidential contingency report as at December 31, 2021 (F-02-22)

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 confidential finance department report F-02-22 providing the status of the reserve for contingencies as at December 31, 2021.

i.

Confidential update on a litigation matter (L-02-22)

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.

• Instruct the Executive Director of Legal Services and Corporation Counsel or their designate to proceed in accordance with the instructions sought in confidential legal department supplementary memorandum 2.

j.

Confidential triannual litigation update (L-03-22)

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.

• Direct the Executive Director of Legal Services or their designate to proceed in accordance with the instructions sought in matters #8 and #34 and the balance of confidential legal department report L-03-22 be received and filed.

12.3

Environment, Infrastructure & Community Services meeting of February 3, 2022

a.

COVID-19 emergency response verbal update (EICS-C-01-22)

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

b.

Civic Alerting Platform – Emergency Notification System (BFD-01-22)

• Authorize the purchase of an Emergency Notification System with $34,000 of funding to be provided from the emergency management reserve fund as outlined in Burlington fire department report BFD-01-22.

c.

Proposed Corporate Tree Protection and Enhancement Policy (RPF-01-22)

• Approve the Corporate Tree Protection and Enhancement Policy, attached in Appendix A to roads, parks, and forestry department report RPF-01-22.

d.

Service re-design interim modifications and resumptions (CM-09-22)

• Receive and file Appendix A of city manager’s office report CM-09-22 providing interim service delivery modifications approved by the Burlington Leadership Team, Emergency Control Group and/or service leads for: disability management support – 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.

12.4

Audit Committee meeting of February 9, 2022

a.

Summary of in-progress Management Action Plans (CA-01-22)

• Receive and file city auditor’s office report CA-01-22 providing a summary of the Management Action Plans in progress as identified in Appendix A.

b.

Inherent Risk Assessment – 2022 update (CA-02-22)

• Receive and file city auditor’s office report CA-02-22 providing an update and overview of the 2022 Inherent Risk Assessment process.

c.

2022 Audit Plan for Office of the City Auditor (CA-03-22)

• Approve the 2022 Audit Plan for the office of the city auditor attached in Appendix A of report CA-03-22.

13.

Motion to Approve Standing Committee Minutes:

• Approve the following minutes:

13.1

Community Planning, Regulation and Mobility Committee meeting of February 1, 2022

13.2

Corporate Services, Strategy, Risk and Accountability Committee meeting of February 2, 2022

13.3

Environment, Infrastructure and Community Services Committee meeting of February 3, 2022

13.4

Audit Committee meeting of February 9, 2022

14.

Urgent Business:

14.1

Planning Application Fee Review (PL-07-22, SD-03-22)

Note: This item was referred from the Community Planning, Regulation and Mobility Committee meeting of February 1, 2022. For report information please see: Burlington Calendar. 

Note: Attached is additional information provided by the Community Planning department.

• 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 March 1, 2022.

14.2

Indexation of Building Permit Fees 2022 (BB-02-22)

• Enact By-law 18-2022 as attached as appendix A to report BB-02-22 to amend By-law 66-2019, the Building Permit By-law, to adopt the annual indexation of building permit fees for 2022.

14.3

Comments to Ministry of Northern Development, Mines, Natural Resources and Forestry (MNDMNRF) and Environmental Registry of Ontario (ERO) for the Burlington Nelson Quarry Extension (PL-22-22)

• Endorse Community Planning Department staff comments, as contained within Appendix ‘A’ of community planning department report PL-22-22 (‘City of Burlington – Response Letter re: Nelson Quarry SPAA (Existing Quarry)’); and

  Direct Community Planning Department staff to forward ‘City of Burlington – Response Letter re: Nelson Quarry SPAA (Existing Quarry)’ by courier and email to the MNDMNRF and applicant prior to the comment deadline; and

  Direct Community Planning Department staff to submit ‘City of Burlington – Response Letter re: Nelson Quarry SPAA (Existing Quarry)’ to the Environmental Registry of Ontario (ERO) in response to ERO No. 019-4921 prior to the comment deadline; and

  Direct the City Clerk to forward Resolution of Council, subject to the endorsement of community planning department report PL-22-22, to the MNDMNRF and applicant; and

  Direct the City Clerk to forward Report PL-22-22 to the Joint Agency Review Team.

14.4

Streamline Development Approval Fund (CS-04-22)

• 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 Province of Ontario regarding the Streamline Development Approval Fund Initiative, to the satisfaction of the Executive Director of Legal Services and Corporation Counsel; and

  That By-law Number 20-2022 authorizing the execution of the transfer payment agreement with the Province of Ontario as represented by the Minister of Municipal Affairs and Housing for the Streamline Development Approval Fund Initiative, substantially in the form attached as Appendix A to Report CS-04-22, be enacted; and

  Direct the Chief Financial Officer to single source a third-party consultant(s) to complete each review project outlined in Report CS-04-22; and

  That the Manager of Procurement Services be authorized and directed to execute any Agreements with any third-party consultants retained for the purpose of giving effect to the Streamline Development Approval Fund Initiative in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel.

14.5

Fall 2021 – Winter 2022 Public Appointments to Boards and Committees (CL-06-22)

• Approve the appointments to the following committees, as outlined in the confidential appendix A, to office of the city clerk report CL-06-22;

  • Burlington Seniors’ Advisory Committee
  • Burlington Inclusivity Advisory Committee
  • Burlington Sustainable Development Advisory Committee
  • Burlington Accessibility Advisory Committee
  • Committee of Adjustment

  Following approval from Council make the recommended names for appointments public.

14.6

Confidential Update on a Litigation Matter (L-14-22)

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.

15.

Motions of Members:

15.1

Motion regarding Additional Safe Restart Agreement Funding for Municipalities (ADM-03-22)

• Whereas the Safe Restart Agreement funding was vital in enabling municipalities, including the City of Burlington, to respond to the COVID-19 pandemic, maintain critical services, meet our responsibility to balance our budgets while maintaining the health and safety for members of the public and staff; and

  Whereas when the Province of Ontario entered Modified Step 2 of the Roadmap to Reopen in January 2022, the restrictions forced the closure of municipal indoor recreational facilities and amenities, which resulted in the cancellation of programs and facility rentals until January 26, 2022; and

  Whereas the City of Burlington is forecasting significant revenue losses for 2022 (in excess of $5.8 million), prior to the most recent closures in January 2022 particularly for services such as transit, recreation facilities and programs and parking operations; and

  Whereas the City of Burlington is also forecasting continuing COVID-19 related expenditures to maintain service delivery and comply with the regulations; and

  Whereas the full effect of the pandemic will continue to be felt in municipalities in 2022, well beyond the funding provided under the existing Safe Restart Agreement;

  Therefore be it resolved that Burlington City Council calls on the Governments of Canada and Ontario to provide additional Safe Restart Agreement funding support for municipalities in 2022; and

  That a copy of this resolution be sent the Right Honourable Justin Trudeau, Prime Minister; the Honourable Doug Ford, Premier; the Honourable Chrystia Freeland, Deputy Prime Minister and Minister of Finance; the Honourable Peter Bethlenfalvy, Provincial Minister of Finance; Burlington MPs, MPPs, FCM, AMO, OBCM, Halton Region and the Towns of Halton Hills, Milton and Oakville.

16.

Council Information Package:

16.1

Council Information Package January 21, 2022

16.2

Council Information Package January 28, 2022

16.3

Council Information Package February 4, 2022

16.4

Council Information Package February 11, 2022

17.

Motion to Receive and File Information Items:

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

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

12-2022- A by-law to regulate election signs in the City of Burlington

Report CL-04-22, Corporate Services, Strategy, Risk and Accountability February 2, 2022

20.2

13-2022- A by-law to amend By-law 034-2007, as amended, being the Sign and Advertising By-law to delete references to election signs

Report CL-04-22, Corporate Services, Strategy, Risk and Accountability February 2, 2022

20.3

14-2022- A by-law to amend Traffic By-law 86-2007, as amended, being a by-law for the regulation of traffic

Report TS-02-22, DA-05-22

20.4

15-2022- A by-law to amend By-law 61-2021, being a by-law to impose rates and fees, specifically related to the Community Design and Development Review service

Report PL-07-22, Regular meeting of Council February 15, 2022

20.5

16-2022- A by-law to authorize a request for the issuing of debentures by the Regional Municipality of Halton for the Canterbury Drive Area and Green Meadow Drive Minor Reconstruction.

Report CW-19-20, DA-35-20

Delegated Authority By-law Schedule G, Section 6

20.6

17-2022- A by-law to authorize a request for the issuing of debentures by the Regional Municipality of Halton for a Confidential Land Acquisition

Report L-22-21, Regular meeting of Council September 21, 2021

20.7

18-2022- A by-law to amend Building Permit By-law 66-2019.

Report BB-02-22, Regular meeting of Council February 15, 2022

20.8

19-2022- A by-Law to authorize the execution of the Transfer Payment Agreements for the Audit and Accountability Fund

Report CS-12-21, Corporate Services, Strategy, Risk and Accountability Committee October 6, 2021

Delegated Authority By-law Schedule D, Section 25

20.9

20-2022- A by-law to authorize the execution of the transfer payment, and any other ancillary document(s) or amendment(s), between the City of Burlington and the Province of Ontario regarding the Streamline Development Approval Initiative Fund

Report CS-04-22, Regular meeting of Council February 15, 2022

20.10

21-2022- A by-law to amend By-law 61-2021, being a by-law to establish and impose certain 2022 rates and fees for services, activities or the use of property

Report F-35-21, Corporate Services, Strategy, Risk and Accountability November 10, 2021

20.11

22-2022- A by-law to amend By-law 39-2016 being a by-law to regulate parking and idling in the City of Burlington

Report RCC-02-21, Environment, Infrastructure and Community Services April 8, 2021

Report TS-11-21, Community Planning, Regulation and Mobility November 9, 2021

Report TS-12-21, Community Planning Regulation and Mobility December 7, 2021

21.

Confirmatory By-law:

• Enact and pass By-law Number 23-2022, being a by-law to confirm the proceedings of Council at its meeting held Tuesday, February 15, 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.