Regular Meeting of Council
Revised 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:
 

None. 

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.
Petitions:
 

12.
Recommendations from Standing Committees:
 

12.1
Council Workshop of November 22, 2021
This item has attachments. 

1.11_22_21_Council_Workshop_Committee_Minutes.pdf

There were no recommendations from this meeting

12.2
Corporate Services, Strategy, Risk and Accountability Budget meeting minutes of November 30, December 2 and 9, 2021
 

The minutes from this meeting will be distributed on December 13, 2021 as an addendum. 

a.
Corporate Services, Strategy, Risk and Accountability Budget meeting minutes of November 30, December 2 and 9, 2021
This item has attachments. 

1.11-30-21 12-02-21 and 12-09-21 Post-Meeting Minutes_CSSRA Budget Committee.pdf

b.
2022 budget multi-year simulation (F-45-21)
 

  • Receive and file finance department report F-45-21 regarding 2022 budget multi-year simulation.

c.
2022 budget engagement (F-37-21)
 

  • Receive and file finance department report F-37-21, providing the 2022 budget engagement process.

d.
2022 budget review and approval (F-36-21-1)
 

  • Approve the 2022 operating budget including any budget amendments approved by the Corporate Services, Strategy, Risk and Accountability Budget Committee to be applied against the proposed net tax levy amount of $191,252,509; and

    Approve the 2022 capital budget with a gross amount of $77,384,020 with a debenture requirement of $8,600,000, and the 2023-2031 capital forecast with a gross amount of $752,172,369 with a debenture requirement of $38,975,000 as outlined in finance department report F-36-21 and as amended by the Corporate Services, Strategy, Risk & Accountability Budget Committee; and

    Approve that if the actual net assessment growth is different than the estimated 0.45%, any increase in tax dollars generated from the city portion of assessment growth from the previous year be transferred to the Tax Rate Stabilization Reserve Fund or any decrease in tax dollars generated from the city portion of assessment growth from the previous year be funded from the Tax Rate Stabilization Reserve Fund; and

    Administer the debenture in the amount of $8,600,000 in 2022 as tax supported debt; and

    Declare that, in accordance with sis. 5(1)5 of the Development Charges Act, 1997 and s. 5 of Ontario Regulation 82/98, it is Council’s clear intention that the excess capacity provided by the above-referenced works will be paid for by future development charges.

a.
COVID-19 Mitigation Measures
 

  • Reduce the budget for travel related costs ($75,000), employee parking ($100,000), and operating materials and supplies ($25,000) to reflect the more permanent nature of a hybrid work force.

b.
Risk Mitigation Measure - Gypsy Moth Control Program
 

  • Reduce the gypsy moth control program by $75,000 and associated one-time funding under urban forestry in the operating budget as a result of the change in spraying method from aerial to ground based.

c.
Confidential closed session item 1 - Art Gallery of Burlington
 

  • Refer the one-time funding request of $230,000 from the Art Gallery of Burlington to the City Manager as discussed in closed session on November 30, 2021.

d.
Confidential closed session item 2 - Future Operational Savings
 

  • Add an additional one-time funding of $200,000 from the tax rate stabilization reserve fund to the 2022 operating budget to offset future operational savings.

e.
Risk Mitigation Measure - Operations Space for Building Inspection and By-law Staff
 

  • Remove the lease costs for dedicated operations space for building inspection and by-law staff in the amount of $110,000 in the operating budget and continue to utilize space in city facilities.

f.
Burlington Beachway Parking Program
 

  • Add one-time costs of $21,000 as a COVID impact for paid duty police officers at Beachway Park under the parking management service.

  • Add one-time costs of $58,900 as a COVID impact to maintain free parking passes for Halton residents at Beachway Park for 2022 under the parking management service.

g.
Pride (Rainbow) Crosswalks
 

  • Redirect $45,000 from capital project RD-SW-2036 to fund public art installations that support additional marginalized groups in the community (e.g. Seven Feathers Crosswalk in support of our First Nations/Indigenous community) and encourage community groups to engage and fundraise for future rainbow crosswalk installations.

h.
Active Screening and Enhanced Vaccine Certificate Requirements
 

  • Add one-time costs of $377,000 as a COVID impact for recreation, community and culture to support active screening and continued implementation of the enhanced vaccine certificate until March 2022 under the organized sport and recreation services. 

i.
Rates and Fees
 

  • Reduce the budget for organized sport and recreation services by $85,000 through an increase to the 2022 rates and fees for recreation, community and culture by 2% excluding the community garden program and Tyandaga Golf Course.

j.
Overtime Costs
 

  • Reduce overtime costs by $180,626 under city services in the operating budget.

k.
Gapping for New Staff Positions
 

  • Reduce budgeted human resource costs by $190,000 to partially fund the new staffing positions approved in the budget to recognize the savings which will result from the delay in hiring of these positions.

l.
Minimum Wage Increase
 

  • Increase human resource costs by $40,000 under city services to reflect the minimum wage increase.

m.
Mohawk Park Path
 

  • Approve funding of $60,000 from the infrastructure renewal fund to pave the gravel path at Mohawk Park.

n.
Leash Free Park in Ward 2 (SD-38-21)
 

  • Redirect $100,000 from capital project PO-PR-1695 (Queensway Park) to construct a leash-free park in ward 2 in 2022; and

    Direct the Director of Recreation, Community and Culture to investigate options for a leash-free park location in ward 2 with options to include, but not limited to, Central Park (0.15ha), Lion's Park (0.3ha) and Hydro One Corridor (0.7ha). (SD-38-21)

o.
Private Tree By-law
 

  • Remove revenue reduction of $100,000 for the Private Tree By-law under the urban forestry service in the operating budget.

p.
Overtime Costs
 

  • Remove $120,000 in overtime costs under city services in the operating budget and add one-time costs of $120,000 as a COVID impact.

q.
Human Resource Gapping
 

  • Reduce the budget by $375,000 reflecting higher human resource gapping savings under city services in the operating budget.

r.
Job Evaluation System
 

  • Remove $300,000 of phased funding for the job evaluation system under city services in the operating budget.

12.3
Corporate Services, Strategy, Risk & Accountability meeting of December 6, 2021
This item has attachments. 

1.12-06-21 Post-Meeting Minutes CSSRA Committee.pdf

a.
Investigation report from Burlington Ombudsman MUN-13421-0421 (CL-11-21)
 

  • Receive the investigation report regarding file MUN-13421-0421 from ADR Chambers, Ombudsman for the City of Burlington.

b.
Temporary Borrowing By-Law (F-24-21)
 

  • Approve the by-law attached as appendix A to finance department report F-24-21, to authorize the temporary borrowings of monies from the Royal Bank of Canada to meet the ordinary expenditures of the corporation for the 2022 fiscal year; and

    Authorize the Mayor and City Clerk to execute the security agreement attached as appendix B to finance department report F-24-21, subject to the satisfaction of the Executive Director of Legal Services & Corporation Counsel.

c.
Property tax software award of single source contract (F-28-21)
 

  • Approve the single source award of a contract for a property tax billing and collection system to CentralSquare Canada Software Inc. for a five-year term, with an option to extend the contract for unlimited five-year renewals, based on an agreement between the city and CentralSquare Canada Software Inc. in a form satisfactory to the Executive Director of Legal Services & Corporation Counsel and with content to the satisfaction of the Chief Financial Officer; and

    Authorize the Manager of Procurement Services to execute a contract and any amendments, extensions or other documents as required and issue a purchase order to CentralSquare Canada Software Inc., 2600-1066 West Hastings Street, Vancouver, BC V6E 3X1 for an upset limit of $1,363,216 plus HST for the implementation and five-year subscription of the property tax software.

d.
Investment Policy (F-41-21)
 

  • Approve the updated Investment Policy as outlined in appendix A of finance department report F-41-21.

e.
2022 Interim Tax Levy By-Law (F-43-21)
 

  • Approve By-law 71-2021 attached as appendix A to finance department report F-43-21 which provides for the levy of the 2022 interim taxes.

f.
Financial status report as at September 30, 2021 (F-42-21)
 

  • Receive and file finance department report F-42-21 providing a financial status report as at September 30, 2021.

g.
Standing committee Chairs and Vice Chairs for 2022 (MO-07-21)
 

  • Approve the standing committee Chair and Vice-Chair appointments for 2022, and the appointments to the Licensing Committee, as follows:

    EICS: Environment, Infrastructure & Community Services Committee

    Chair:  Councillor Kelvin Galbraith

    Vice Chair: Councillor Shawna Stolte

    CPRM: Community Planning, Regulation & Mobility Committee

    Chair: Councillor Shawna Stolte

    Vice Chair: Councillor Rory Nisan

    CSSRA: Corporate Services, Strategy, Risk and Accountability Committee

    Chair: Councillor Rory Nisan

    Vice Chair: Councillor Paul Sharman

    Council Workshop

    Chair: Councillor Angelo Bentivegna (remains the same)

    Vice-Chair: Councillor Lisa Kearns

    Budget

    Chair: Councillor Lisa Kearns (Moves from Vice Chair to Chair)

    Vice-Chair: Kelvin Galbraith

    License and Appeals Committee

    Chair: Paul Sharman

    Council Representatives (2 required):

    Councillor Kelvin Galbraith

    Councillor Lisa Kearns

h.
Corporate project status reports – Aug to Oct (CM-23-21) (SD-37-21)
 

  • Receive and file city manager’s office report CM-23-21 providing status reports for designated corporate projects for the period August through October 2021 as detailed in appendix A; and

    Direct the City Manager to report back by the end of Q1 2022 with a plan on the operationalization of the customer relationship management (CRM) platform including support for ongoing Council/constituent relations, city-wide customer experience optimization and full integration with major information technology projects, including but not limited to enterprise resource planning (ERP), enterprise asset management solution (EAMS) and Burlington.ca website redesign. (SD-37-21)

i.
Confidential litigation update (L-34-21)
 

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.

  • 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 report L-34-21.

j.
Confidential litigation update (L-35-21)
 

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.

  • 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 report L-35-21.

k.
Confidential verbal update - enterprise resource planning (ERP) implementation partner request for proposals (CSSRA-15-21)
 

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.

  • Receive and file the closed session verbal update request form regarding an enterprise resource planning implementation partner request for proposals.

12.4
Community Planning, Regulation & Mobility meeting of December 7, 2021
This item has attachments. 

1.12-07-21 - Post-Meeting Minutes - Community Planning, Regulation and Mobility Committee_Dec07_2021 - English.pdf

a.
Parking Program update – Beachway and Lowville Park (TS-12-21)
 

  • Direct the Director of Transportation Services to continue utilizing the parking management reservation system at Lowville Park and extend the operating period until Thanksgiving weekend, inclusive; and

    Direct the Director of Transportation Services to implement the paid Beachway parking program during summer months as a measure to regulate parking availability; and

    Continue the exemption from payment in 2022 for all Halton residents for the Beachway parking program on weekends during peak summer months (May 1 to September 25).

b.
Sustainable Building and Development Guidelines update (PL-07-21)
 

  • Approve as amended, the Sustainable Building and Development Guidelines attached as Appendix A to community planning department report PL-07-21; and

    Direct the Director of Community Planning and the Executive Director of Burlington Economic Development to consider the feasibility of including the Sustainable Building and Development Guidelines in the development of the Comprehensive Community Improvement Plan framework; and

    Direct Council to advocate to the Province to adopt the highest tiered energy standards following the introduction of the National Energy Code for Buildings 2021 (NECB); and

    Direct the Director of Community Planning to draft a business case for the preparation of a green roof by-law and green roof construction standard in 2023.

c.
City of Burlington Housing Strategy, Housing Needs and Opportunities report (PL-48-21)
 

  • Receive and file community planning department report PL-48-21 regarding the City of Burlington Housing Strategy, Housing Needs and Opportunities report, attached as Appendix A.

12.5
Audit Committee meeting of December 8, 2021
This item has attachments. 

1.Post-Meeting Minutes - Audit Committee_Dec08_2021 - English.pdf

a.
Financial highlights for the period ended September 30, 2021 (F-39-21)
 

  • Receive and file finance department report F-39-21 providing financial highlights as at September 30, 2021.

b.
External audit plan for the fiscal year ended December 31, 2021 (F-40-21)
 

  • Approve the external audit plan for the fiscal year ended December 31, 2021 as presented by Deloitte LLP at the Audit Committee meeting of December 8, 2021.

c.
Summary of in-progress Management Action Plans (CA-02-21)
 

  • Receive and file city auditor’s office report CA-02-21 providing a summary of the Management Action Plans in progress as detailed in appendix A.

d.
Office of the City Auditor - workplan update (CA-04-21)
 

  • Receive and file city auditor’s office report CA-04-21 providing an update to the workplan for the office of the city auditor.

e.
Audit Committee Terms of Reference update (CL-35-21)
 

  • Rescind the Audit Committee Terms of Reference attached as appendix A to office of the city clerk report CL-35-21; and

    Approve the revised Audit Committee Terms of Reference attached to office of the city clerk report CL-35-21 as appendix B; and

    Direct the City Clerk to amend the Procedure By-law (31-2021) to include the revised Audit Committee Terms of Reference as a schedule.

f.
Internal Audit Charter update (CA-03-21)
 

  • Approve the updated Internal Audit Charter attached as appendix B of city auditor’s office report CA-03-21.

12.6
Environment, Infrastructure & Community Services meeting of December 9, 2021
This item has attachments. 

1.Post-Meeting Minutes - EICS_Dec09_2021 - English.pdf

a.
Assumption of Orchard Creek Subdivision (ES-51-21)
 

  • Assume the Orchard Creek Subdivision, registered as Plan 20M-669, File 510-02-04/95; and

    Accept all works and services under the jurisdiction of the city within the subdivision to become the property of the City of Burlington; and

    Direct the City Clerk to notify the Region of Halton of this assumption; and

    Release Subdivision Agreement Instrument Number H694869 from title save and except for the following conditions:

    • Condition 37 (a), affecting Lots 16 to 19 (inclusive), 30 and 39; and
    • Condition 37 (b), affecting Lots 10 to 16 (inclusive).

       

    Authorize the Executive Director of Legal Services & Corporation Counsel or designate to prepare any necessary documents and authorize the Mayor and City Clerk to sign them; and

    Direct the City Clerk to present the necessary by-law to Council to accept all works and services of the said plan of subdivision and assume the following streets as public highways:

    STREETPARCELPIN NUMBER

    0.3 metre reserve20M-66907184-0374

    Blue Spruce Avenue20M-669 07184-0375

    Woodsmere Court20M-66907184-0376

    Fernbrook Court20M-66907184-0377; and 

    Authorize the Executive Director of Legal Services & Corporation Counsel or their designate, to amend the parcel designation in the bylaw, if necessary, upon registration of the by-law.

b.
Public tree removal report – 5209 Stonehaven Drive (RPF-27-21)
 

  • Approve the request by the applicant to remove three (3) public trees in order to proceed with the proposed Plan of Subdivision application File No. 510-01/17 as outlined in roads, parks & forestry department report RPF-27-21; and

    Instruct the applicant, Don Husack on behalf of Dawn Victoria Homes, to provide compensation for the public tree removals by providing cash-in-lieu of replacement totaling $6,500.00. The funds will provide for new tree plantings elsewhere in the city which includes care and maintenance for the first two (2) 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.

c.
Public tree removal report – 2273 Turnberry Road (RPF-05-21)
 

  • Approve the request by the applicant to remove three (3) City-owned trees in order to proceed with the proposed site plan application File No. 535-002/20 as outlined in roads, parks & forestry department report RPF-05-21; and

    Instruct the applicant, Thomas Kastelic on behalf of Branthaven Turnberry Inc., to provide compensation for the City-owned tree removals by providing cash-in-lieu of replacement totaling $2,300.00. The funds will provide for new tree plantings elsewhere in the city which includes care and maintenance for the first two (2) 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.

d.
Municipal Alcohol Policy Update (RCC-13-21)
 

  • Approve the revised Burlington Municipal Alcohol Policy as outlined in recreation, community and culture department report RCC-13-21 attached as appendix A; and

    Delegate authority to the City Clerk to declare an event as having Municipal Significance so that an applicant may apply for a Special Occasion Permit through the Alcohol and Gaming Commission of Ontario.

e.
Delegation on Hamilton 2030 Commonwealth Games Bid (CM-27-21)
 

  • Receive and file city manager’s office report CM-27-21, inclusive of the presentation, entitled The Hamilton 2030 Commonwealth Games, From ‘Event’ to ‘Movement’; and

    Direct the City Manager and staff to work with the Hamilton 2030 organizing group to investigate and report back in Q1 2022 on City of Burlington’s potential participation in the games bid based on the requirement of zero net tax-supported cost to the city and including but not limited to the following key elements:

    • opportunities for new sport competition venues and/or confirmation of use of existing city venues (e.g. lawn bowling); and
    • private/public partnership opportunities, including but not limited to lands associated with 1200 King Road, to achieve City of Burlington strategic plan; and
    • alignment and integration of any site-specific land opportunities with the Council approved strategic priorities and due diligence framework of the Burlington Lands Partnership; and

    Direct the Director of Community Planning to report back concurrently in Q1 2022 with an update on the land use planning context related to the lands associated with 1200 King Road.

f.
COVID 19 emergency response verbal update (EICS-C-08-21)
 

  • Receive and file the December 9, 2021 staff presentation providing the COVID-19 emergency response verbal update.

g.
Staff Direction regarding potential funding of the Pink Project Burlington (EICS-C-09-21)(SD-39-21)
 

  • Direct the Director of Recreation, Community and Culture to consult with the Pink Project Burlington and other stakeholders and report to the Environment, Infrastructure and Community Services Committee in Q1 2022 with a pilot project (including costs, options and recommendation) to provide free menstrual hygiene products in city facilities. (SD-39-21)

13.
Motion to Approve Standing Committee Minutes:
 

  • Approve the following minutes:

14.
Urgent Business:
 

14.1
Hybrid Council and standing committee meeting strategy (CL-39-21)
 

Note: This item was referred from the November 23, 2021 Regular Meeting of Council. 

  • Approve the hybrid City Council and standing committee meeting strategy as outlined in office of the city clerk report CL-39-21.

14.2
Appointments to Heritage Burlington Advisory Committee and Burlington Agricultural and Rural Affairs Advisory Committee (CL-36-21)
This item has attachments. 

1.CL-36-21 Advisory Committees Appointments.pdf

  • Approve the appointments to the Heritage Burlington Advisory Committee and Burlington Agricultural and Rural Affairs Advisory Committee, as outlined in confidential appendix A of office of the city clerk’s report CL-36-21, and following approval from Council make the recommended names for appointments public.

14.3
Robert Bateman Building – Preliminary Design, Environmental, Architectural and Engineering Services (EICS-20-21)
This item has attachments. 

1.EICS-20-21 - Robert Bateman High School Site - Consulting Services.pdf

  • Approve funding to an upset limit of $3,000,000. from the capital purposes reserve fund for ongoing due diligence, environmental, preliminary design, architectural, engineering and project management services for the phased adaptive re-use of the Robert Bateman High School Site.

14.4
Completeness Review for Official Plan and Zoning By-law Amendment Applications for 1120 Cooke Blvd (PL-63-21)
This item has attachments. 

1.PL-63-21 Completeness Review for Official Plan and Zoning By-law Amendment Applications for 1120 Cooke Blvd.pdf

  • Deem, in accordance with sections 22(6) and 34(10.3) of the Planning Act, that applications submitted on November 25, 2021, by Adi Developments (Masonry) Inc. to amend the Official Plan and Zoning By-law for lands at 1120 Cooke Blvd are incomplete as the required information and materials have not been provided.

    Direct the Director of Community Planning to notify Adi Developments (Masonry) Inc. that the required information and material have not been provided for the applications to amend the Official Plan and Zoning By-law for lands at 1120 Cooke Blvd, in accordance with sections 22(6.1) and 34(10.4) of the Planning Act.

15.
Motions of Members:
 

16.
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 the information items, having been considered by Council:

18.
Motion to Consider Confidential Items:
 

19.
Notices 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
70-2021- Temporary Borrowing By-law
This item has attachments. 

1.70-2021 Temporary Borrowing By-law.pdf

Report F-24-21- Corporate Services, Strategy, Risk and Accountability Committee meeting of December 6, 2021

20.2
71-2021- 2022 Interim Tax Levy By-law
This item has attachments. 

1.71-2021 2022 Interim Tax Levy By-law.pdf

Report F-43-21- Corporate Services, Strategy, Risk and Accountability Committee meeting of December 6, 2021

20.3
72-2021- Procedure By-law Amendment
This item has attachments. 

1.72-2021 Procedure By-law Amendment combined.pdf

Report CL-35-21- Audit Committee of December 8, 2021

21.
Confirmatory By-law: 
This item has attachments. 

1.confirmation by-law 12-14-21.pdf

  • ​​Enact and pass By-law Number 73-2021, being a by-law to confirm the proceedings of Council at its meeting held Tuesday, December 14, 2021, 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.

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