The Burlington Record

Committee of the Whole

February 5, 2024

Who was there

Present (6): Angelo Bentivegna, Kelvin Galbraith, Lisa Kearns, Paul Sharman, Shawna Stolte, Marianne Meed Ward

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (46 motions)

42 carried, 4 recorded otherwise. Every motion below is printed as the minutes print it.

approved as presented. Note: Item 5.1 Indexation of building permit fees 2024 (BB-01-24); and Item 9.4 Confidential legal department report on a litigation matter regarding 789-795 Brant St. (L-09-24), were
Moved by Councillor Galbraith Agenda
Withdrawn
and file by-law compliance department report BL-02-24 outlining the workplan for updating licensing by-laws in the City of Burlington.
Moved by Councillor Kearns Receive
Carried
and file finance department report F-02-24 regarding the Hydro 2024 business plan.
Moved by Councillor Kearns Receive
Carried
and file the roads, parks and forestry department report RPF-01-24 providing an update to the existing pedestrian pathway winter maintenance agreements with both school boards; and Authorize the Mayor and City Clerk to execute an updated agreement with the Halton District School Board for winter maintenance of pathways 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 Authorize the Mayor and City Clerk to execute an updated agreement with the Halton Catholic District School Board for winter maintenance of pathways 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 Delegate authority to the Director of Roads, Park and Forestry to amend the pedestrian pathway winter maintenance agreements with either school board as may be required from time to time, for administrative and operational changes, subject to the satisfaction of the Executive Director of Legal Services and Corporation Counsel.
Moved by Councillor Kearns Receive
Carried
By-law 07-2024 to establish an Emergency and Continuity Management Program, as attached to Burlington fire department report BFD-02-2024 as Appendices A, B, and C; and Repeal By-law 46-2019, a by–law to provide for an Emergency and Continuity Management Program.
Moved by Councillor Kearns Approve
Carried
and file office of the city clerk report CL-06-24 regarding 2024 Council Workshops.
Moved by Councillor Kearns Receive
Carried
and file corporate communications and engagement report CC-01-24 providing the 2023 Community Survey results.
Moved by Councillor Sharman Receive
Carried
Renew Sun Life as the provider for the City’s group benefits plan including Extended Health, Dental, Long-Term Disability and Life insurance for the benefit year December 1, 2023 to November 30, 2024; and Authorize the Acting Executive Director of Finance and Chief Financial Officer to reallocate the 2024 budget as outlined in the financial matters section of human resources department report HR-02-24 to offset the financial impact of the benefits renewal.
Moved by Mayor Meed Ward
Carried
the 2024 Halton Court Services (HCS) budget as presented; and Contribute $50,000 from net revenues to the capital reserve fund during 2024 to ensure that requirements of the Capital Reserve Fund Policy are met; and Withdraw $20,000 from the capital reserve fund for computer hard/soft replacements for the computer renewal program; and Reject the transfer of Part III prosecutions to Halton Court Services at this time; and That subject to mandated transfer or voluntary assumption of Part III prosecutions, Halton Court Services be delegated the authority to hire one additional full time Case Administrator and one Full Time Prosecutor with any required 2024 funding provided from the HCS net revenue before distributions (via an in-year variance) and future years via the annual budget process; and Write-off approximately 190 cases with a total value of approximately $85,763 in accordance with the HCS Write-Off Policy, where it has been determined there are no viable means of collection.
Moved by Councillor Bentivegna Approve
Carried
and file confidential legal department report L-02-24 providing an update on insurance requirements and bonusing for outdoor patios.
Moved by Councillor Kearns Receive
Carried
the Executive Director of Legal Services or his designate to proceed in accordance with the instructions sought in matters 9, 17, 25, 43, 44, 45, 46, and 47 and that the balance of legal department report L-04-24 be received and filed.
Moved by Councillor Galbraith Direct
Carried
and file finance department report F-06-24 regarding the status of the contingency reserve Dec. 31, 2023.
Moved by Councillor Sharman Receive
Carried
and file environment, infrastructure and community services report EICS-06-24 providing an update on the Robert Bateman Community Centre construction and site development.
Moved by Councillor Sharman Receive
Carried
and file recreation, community and culture department report RCC-01-24 outlining community feedback regarding Robert Bateman Community Centre indoor use; and Report back to Committee of the Whole by September 2024 as outlined in recreation, community and culture department report RCC-01-24.
Moved by Councillor Sharman Receive
Carried
the establishment of a permanent city-wide seasonal outdoor patio program beginning in 2024 as outlined in community planning department report PL-05-24; and Approve the fee structure for the permanent city-wide seasonal outdoor patio program as detailed in revised Option 1 (included in the Revised COW Agenda dated Feb. 2, 2024) and remove the fees related to on-street barriers (capital and operating); and Amend the seasonal patio guidelines application requirement to include liability insurance in the amount of $2M; and Direct the Director of Community Planning to report back in Q4 2024, following the implementation and operation of the 2024 patio program to evaluate program outcomes and continued implementation of the permanent city-wide seasonal outdoor patio program (SD-01-24); and Direct the Director of Community Planning to prepare any necessary by-laws to create a permanent city-wide seasonal outdoor patio program and implement a fee structure, in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel, or designate, for council consideration and approval; and Enact By-law 2020.463 as contained in Appendix A of community planning department report PL-05-24; and Deem that the amending Zoning By-law conforms to the Official Plan of the City of Burlington; and Endorse, in principle, the Seasonal Patio Guidelines for Outdoor Patios on Public Lands as set out in Appendix B to community planning department report PL-05-24; and Delegate authori
Moved by Councillor Sharman Approve
Carried
the Director of Transportation Services to increase the hourly parking rate by $0.25 to $2.00 per hour for on-street spaces, off-street facilities and lots in the downtown (excluding the beach and the beach overflow lot), effective April 2, 2024 ; and Direct the Director of Transportation Services to increase downtown daily maximum parking rate from $14 to $18 (excluding the beach and the beach overflow lot), effective April 2, 2024 ; and Direct the Director of Transportation Services to increase downtown parking permit fees from $83.00 to $91.00 and $132.00 to $151.00 effective April 2, 2024 ; and Direct the Director of Transportation Services to implement hourly parking on Saturdays between 9am & 6pm for all on-street spaces and within “premium” surface lots (#1, #4 and #5).
Moved by Councillor Kearns Direct
Carried
the effective date from March 1, 2024 to April 2, 2024.
Moved by Councillor Kearns Change
Carried
and file transportation services department report TS-03-24 regarding Sheldon Creek Neighbourhood Traffic Safety Review.
Moved by Councillor Sharman Receive
Carried
an intention to designate the property at 400 Brant Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance for 400 Brant Street attached to community planning department report PL-18-24 as Attachment C; and Direct the Director of Community Planning to provide notice of Council’s intention to designate 400 Brant Street, in accordance with section 29 (3) and 29 (4) of the Ontario Heritage Act; and Direct the City Clerk to present the draft designation by-law to Council for approval within 120 days after the date of publication of the notice of intention to designate 400 Brant Street, provided there is no objection or withdrawal; and Direct the City Clerk to take the necessary actions in the event of any objection to the notice of intention to designate pursuant to Part IV of the Ontario Heritage Act, sections 29 (5) and 29 (6).
Moved by Councillor Kearns State
Carried
the Director of Community Planning to substitute the list of heritage designation candidates included in community planning department report PL-35-23 with the below amended list of heritage designation candidates to be studied by a consultant over the next year: 482 Elizabeth Street 451 Nelson Avenue 518 Hager Avenue 562 Maple Avenue 458 Elizabeth Street 490 Elizabeth Street 2003 Lakeshore Road 390 John Street 2437 Dundas Street 368 Brant Street 550 Hurd Avenue 2280 No. 2 Side Road 6414 Walker’s Line 367 Torrance Street 1433 Baldwin Street 380 Brant Street 1134 Plains Road East 513 Locust Avenue 242 Plains Road East 444 Plains Road East 2022 Victoria Avenue 1421 Lakeshore Road 5726 Cedar Springs Road (Dakota School House)
Moved by Councillor Kearns Direct
Carried
Add remaining properties below and direct staff to provide information regarding appropriate funding and source of funding to February 13, 2024 Council meeting: 451 Elizabeth Street 1406 Ontario Street 1419 Ontario Street 461 Elizabeth Street 472 Locust Street 2464 Dundas Street 2066 Kilbride Street
Moved by Mayor Meed Ward
Lost
the amendment to By-law 83-1991, a by-law to regulate or prohibit the discharge of firearms, to exempt agents of the City of Burlington for the purpose of destroying sick, injured, or vicious animals as authorized by law in the performance of their duty, attached as Appendix A to by-law compliance department report BL-01-24, in a form satisfactory to the Director of Legal Services and Corporation Counsel.
Moved by Councillor Sharman Approve
Carried
the Zoning By-law Amendment application for the property located at 336 Appleby Line to permit one (1) semi-detached dwelling of two (2) storeys in height fronting onto Cottonwood Drive; and Approve Zoning By-law 2020.468, attached as Appendix D to Report PL-07-24, which amends the zoning of the lands located at 336 Appleby Line from ‘R2.4’ zone to ‘R4-533’; and Deem that the amending zoning by-law will conform to the Official Plan of the City of Burlington and that there are no applications to alter the Official Plan with respect to the subject lands.
Moved by Councillor Sharman Approve
Carried
and file the following 14 items, having been given due consideration by the Committee of the Whole.
Moved by Councillor Bentivegna Receive
Carried
Agenda approved as presented. Note: Item 5.1 Indexation of building permit fees 2024 (BB-01-24); and Item 9.4 Confidential legal department report on a litigation matter regarding 789-795 Brant St. (L-09-24), were
Moved by Councillor Galbraith
Withdrawn
Receive and file by-law compliance department report BL-02-24 outlining the workplan for updating licensing by-laws in the City of Burlington.
Moved by Councillor Kearns
Carried
Receive and file finance department report F-02-24 regarding the Hydro 2024 business plan.
Moved by Councillor Kearns
Carried
Receive and file the roads, parks and forestry department report RPF-01- 24 providing an update to the existing pedestrian pathway winter maintenance agreements with both school boards; and Authorize the Mayor and City Clerk to execute an updated agreement with the Halton District School Board for winter maintenance of pathways 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 Authorize the Mayor and City Clerk to execute an updated agreement with the Halton Catholic District School Board for winter maintenance of pathways 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 Delegate authority to the Director of Roads, Park and Forestry to amend the pedestrian pathway winter maintenance agreements with either school board as may be required from time to time, for administrative and operational changes, subject to the satisfaction of the Executive Director of Legal Services and Corporation Counsel.
Moved by Councillor Kearns
Carried
Approve By-law 07-2024 to establish an Emergency and Continuity Management Program, as attached to Burlington fire department report BFD-02-2024 as Appendices A, B, and C; and Repeal By-law 46-2019, a by–law to provide for an Emergency and Continuity Management Program.
Moved by Councillor Kearns
Carried
Receive and file office of the city clerk report CL-06-24 regarding 2024 Council Workshops.
Moved by Councillor Kearns
Carried
Receive and file corporate communications and engagement report CC- 01-24 providing the 2023 Community Survey results.
Moved by Councillor Sharman
Carried
Approve the 2024 Halton Court Services (HCS) budget as presented; and Contribute $50,000 from net revenues to the capital reserve fund during 2024 to ensure that requirements of the Capital Reserve Fund Policy are met; and Withdraw $20,000 from the capital reserve fund for computer hard/soft replacements for the computer renewal program; and Reject the transfer of Part III prosecutions to Halton Court Services at this time; and That subject to mandated transfer or voluntary assumption of Part III prosecutions, Halton Court Services be delegated the authority to hire one additional full time Case Administrator and one Full Time Prosecutor with any required 2024 funding provided from the HCS net revenue before distributions (via an in-year variance) and future years via the annual budget process; and Write-off approximately 190 cases with a total value of approximately $85,763 in accordance with the HCS Write-Off Policy, where it has been determined there are no viable means of collection.
Moved by Councillor Bentivegna
Carried
Receive and file confidential legal department report L-02-24 providing an update on insurance requirements and bonusing for outdoor patios.
Moved by Councillor Kearns
Carried
Direct the Executive Director of Legal Services or his designate to proceed in accordance with the instructions sought in matters 9, 17, 25, 43, 44, 45, 46, and 47 and that the balance of legal department report L-04-24 be received and filed.
Moved by Councillor Galbraith
Carried
Receive and file finance department report F-06-24 regarding the status of the contingency reserve Dec. 31, 2023.
Moved by Councillor Sharman
Carried
Receive and file environment, infrastructure and community services report EICS-06-24 providing an update on the Robert Bateman Community Centre construction and site development.
Moved by Councillor Sharman
Carried
Receive and file recreation, community and culture department report RCC-01-24 outlining community feedback regarding Robert Bateman Community Centre indoor use; and Report back to Committee of the Whole by September 2024 as outlined in recreation, community and culture department report RCC-01-24.
Moved by Councillor Sharman
Carried
Direct the Director of Transportation Services to increase the hourly parking rate by $0.25 to $2.00 per hour for on-street spaces, off-street facilities and lots in the downtown (excluding the beach and the beach overflow lot), effective April 2, 2024; and Direct the Director of Transportation Services to increase downtown daily maximum parking rate from $14 to $18 (excluding the beach and the beach overflow lot), effective April 2, 2024; and Direct the Director of Transportation Services to increase downtown parking permit fees from $83.00 to $91.00 and $132.00 to $151.00 effective April 2, 2024; and Direct the Director of Transportation Services to implement hourly parking on Saturdays between 9am & 6pm for all on-street spaces and within “premium” surface lots (#1, #4 and #5).
Moved by Councillor Kearns
Carried
Change the effective date from March 1, 2024 to April 2, 2024.
Moved by Councillor Kearns
Carried
Receive and file transportation services department report TS-03-24 regarding Sheldon Creek Neighbourhood Traffic Safety Review.
Moved by Councillor Sharman
Carried
State an intention to designate the property at 400 Brant Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance for 400 Brant Street attached to community planning department report PL-18-24 as Attachment C; and Direct the Director of Community Planning to provide notice of Council’s intention to designate 400 Brant Street, in accordance with section 29 (3) and 29 (4) of the Ontario Heritage Act; and Direct the City Clerk to present the draft designation by-law to Council for approval within 120 days after the date of publication of the notice of intention to designate 400 Brant Street, provided there is no objection or withdrawal; and Direct the City Clerk to take the necessary actions in the event of any objection to the notice of intention to designate pursuant to Part IV of the Ontario Heritage Act, sections 29 (5) and 29 (6).
Moved by Councillor Kearns
Carried
Direct the Director of Community Planning to substitute the list of heritage designation candidates included in community planning department report PL-35-23 with the below amended list of heritage designation candidates to be studied by a consultant over the next year: 1. 482 Elizabeth Street 2. 451 Nelson Avenue 3. 518 Hager Avenue 4. 562 Maple Avenue 5. 458 Elizabeth Street 6. 490 Elizabeth Street 7. 2003 Lakeshore Road 8. 390 John Street 9. 2437 Dundas Street 10. 368 Brant Street 11. 550 Hurd Avenue 12. 2280 No. 2 Side Road 13. 6414 Walker’s Line 14. 367 Torrance Street 15. 1433 Baldwin Street 16. 380 Brant Street 17. 1134 Plains Road East 18. 513 Locust Avenue 19. 242 Plains Road East 20. 444 Plains Road East 21. 2022 Victoria Avenue 22. 1421 Lakeshore Road 23. 5726 Cedar Springs Road (Dakota School House)
Moved by Councillor Kearns
Carried
Add remaining properties below and direct staff to provide information regarding appropriate funding and source of funding to February 13, 2024 Council meeting: 1. 451 Elizabeth Street 2. 1406 Ontario Street 3. 1419 Ontario Street 4. 461 Elizabeth Street 5. 472 Locust Street 6. 2464 Dundas Street 7. 2066 Kilbride Street
Moved by Mayor Meed Ward
Lost
Approve the amendment to By-law 83-1991, a by-law to regulate or prohibit the discharge of firearms, to exempt agents of the City of Burlington for the purpose of destroying sick, injured, or vicious animals as authorized by law in the performance of their duty, attached as Appendix A to by-law compliance department report BL-01-24, in a form satisfactory to the Director of Legal Services and Corporation Counsel.
Moved by Councillor Sharman
Carried
Approve the Zoning By-law Amendment application for the property located at 336 Appleby Line to permit one (1) semi-detached dwelling of two (2) storeys in height fronting onto Cottonwood Drive; and Approve Zoning By-law 2020.468, attached as Appendix D to Report PL- 07-24, which amends the zoning of the lands located at 336 Appleby Line from ‘R2.4’ zone to ‘R4-533’; and Deem that the amending zoning by-law will conform to the Official Plan of the City of Burlington and that there are no applications to alter the Official Plan with respect to the subject lands.
Moved by Councillor Sharman
Carried
Receive and file the following 14 items, having been given due consideration by the Committee of the Whole.
Moved by Councillor Bentivegna
Carried

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