Regular Meeting of Council Agenda. Location: Council Chambers Level 2, City Hall Pages

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1 Regular Meeting of Council Agenda Date: April 18, 2017 Time: 6:30 pm Location: Council Chambers Level 2, City Hall Pages 1. Call to Order: 2. National Anthem: 3. Regrets: 4. Proclamations: 4.1 First Responders Day - May 1, Canada Netherlands Friendship Day - May 5, Mental Health Week - May 1-7, Platinum Status Youth Friendly Community/Youth Week - May 1-7, Polish Week May 1-7, Emergency Preparedness Week May 7-13, Apeldoorn Month - May Building Safety Awareness Month - May National Stroke Recovery Awareness Month - May Motion to Approve Council Minutes: 5.1 Regular meeting of Council Monday, March 27, Recognitions and Achievements: 7. Presentations: 7.1 Alexandra Oliver Editor of The Rotary Dial will recite a poem in Celebration of National Poetry Month.

2 8. Declarations of Interest: 9. Delegations: In order to speak at a Council meeting, individuals must register as a delegation no later than 12:00 noon on the day of the meeting. To register, complete the online application at cityclerks@burlington.ca or phone ext Correspondence: 10.1 Memo from Lauren Vraets, Planner, regarding a Minor change to By-law , Townhouse Development at New Street Correspondence from Anne and Dave Marsden regarding Clerks Department report CL Recommendations from Standing Committees: 11.1 Committee of the Whole meeting of April 3, a. Burlington Cycling Advisory Committee 2016 annual report (CL ) b. Accountability and Transparency Policy (CL-11-17) c proposed budget and tax levy for the Aldershot Village BIA (F-08-17) d proposed budget and tax levy for the Burlington Downtown BIA (F-07-17) e. Operating budget performance as at December 31, 2016 (F-15-17) f. Tender award by delegated authority for South Service Road area (CW-24-17) g. Community partner playground agreement with KaBOOM! (PR ) h. Annual report from Burlington Ombudsman (CL-09-17) i. Sustainable Development Committee 2016 annual report (CW ) j. Licence agreement with Edge Hospitality (PR-08-17) k. Proposed amendments to Procedure By-law (CM-06-17)

3 l. Asset Management Plan (CW-22-17) m. Contingency report as at January 31, 2017 (F-17-17) n. Quarterly litigation update (Nov. 1, 2016 to Jan. 31, 2017) (L-1-17) o. Confidential legal advice respecting workplace harassment (L-2-17) p. Confidential land and real estate matters (L-3-17) 11.2 Planning and Development meeting of April 4, a. Sign variance application for 2209 Plains Road East (PB-23-17) b. Delegation of appointment of chief building official, deputies and inspectors (PB-24-17) c annual building permit revenues and expenses (PB-26-17) d. Pop-up patio pilot project update (PB-20-17) 11.3 Audit Committee meeting of April 5, a. Summary of audit results - Corporate Payroll (CA-05-17) b. Summary of 2016 audit results (CA-07-17) c. Summary of audit results - Enterprise Mobility Audit Consulting Project (CA-04-17) d. Summary of audit results - Financial Review Phase II GL Account Reconciliation (CA-06-17) e. Audit Committee self-assessment workshop (CL-12-17) 11.4 Committee of the Whole - Workshop meeting of April 6, a. Release of draft new Official Plan for community consultation (PB-01-17) 12. Motion to Approve Standing Committee Minutes: 12.1 Committee of the Whole meeting of April 3, Planning and Development meeting of April 4, Audit Committee meeting of April 5, 2017

4 12.4 Committee of the Whole - Workshop meeting of April 6, Reports of Municipal Officers: 14. Notices of Motion: 15. Motions: 16. Motion to Receive and File Council Information Packages: 16.1 Council Information Package March 24, Council Information Package March 31, Motion to Receive and File Information Items: 18. Motion to Consider Confidential Items: 19. Motion to Approve By-Laws: : A by-law to amend By-law 2020, as amended; for the lands known as 2360, 2364 and 2368 New Street for the purpose of facilitating the development of 11 townhouse dwellings : A by-law to appointf a Chief Building Official, Deputy Chief Building Officials and Building Inspectors : A by-law to amend By-law as amended to delegate authority to temporarily restrict the common law right of passage over certain portions of Brant, John and Pine Streets to permit seasonal restaurant patios : A by-law to authorize a request for the issuing of debentures by the Regional Municipality of Halton for the Contract Award for the Hidden Valley Road Bridge Replacement over Grindstone Creek : A by-law to authorize a request for the issuing of debentures by the Regional Municipality of Halton for the Contract Award for Roseland Creek Erosion Control, Guelph Line to Upper Middle Road : A by-law to amend procedure By-law Motion to Confirm Proceedings of the Council Meeting: 21. Statements by Members: 22. Motion to Adjourn:

5 ADM Planning and Building Department TO: FROM: Mayor and Members of City Council Lauren Vraets, Planner, Planning & Building Department DATE: April 7, 2017 SUBJECT: Minor Change to By-law Townhouse Development at New Street File No.: /16 On March 27, 2017, Council approved report number PB which recommended approval of a Zoning By-law Amendment for the development of an 11 unit townhouse development at New Street. By-law , as included in report PB-10-17, has been slightly modified to state that all front yard setback measurements are to be taken from the actual width of New Street, rather than the deemed road width for this development. Given the minor nature of this amendment to the conditions of rezoning approved at the March 27, 2017 Council meeting, it is the opinion of Staff that the magnitude of change to the By-law does not warrant further public consultation or public notice prior to the passage of the By-law. If you should have any questions, please feel free to contact me. Sincerely, Lauren Vraets Planner II, Planning & Building 1

6 2 A. Marsden correspondence COW April 3, 17 Re: CL-09-17

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9 A. Marsden Delegation notes COW April 3, 2017 AMD: We would first bring your attention to the report submitted to Committee by our City Clerk CL and the recommendation to receive and file the Annual Report from ADR Chambers Ombudsman for the City of Burlingto on today's COW agenda. Under purpose the Clerk rightly identifies the Council's intention in the appointment of ADR Chambers has the purpose of promoting Burlington as an Engaging City striving for Good Governance, which our delegations before this Council have always supported. Under the heading Background and Discussion in the Clerk's report CL-09-17, the first three sentences see the Clerk claiming "The Municipal Act {Section (1) - our inserted reference) allows a municipality to appoint an Ombudsman to have the same responsibility for conducting investigations with respect to administrative acts of the municipality as has the Provincial Ombudsman." What this summarization by the Clerk of the Municipal Act fails to say is the Provincial Ombudsman has oversight of this entire process, and there are legislated {Section (2), (3) (4) and (5)) conditions to council's appointment of such Ombudsman that the Provincial Ombudsman has responsibility as the first resort for overseeing when a City does not have a Code of Conduct and Integrity Commissioner in place, as is the case in Burlington. One of these legislated conditions is that the City (Council) shall have regard to the credibility of the appointed Ombudsman's investigative process. The credibility of any city investigative process must include when and how the investigative process is authorized to begin (i.e. when and how the proposed appointee obtain jurisdiction for such investigative process) being placed on the public record with an opportunity for public engagement on the process prior to the approval of such an investigative process being financed by city resources. Those who have any corporate administrative management experience know the details of how and when and by what means a corporate investigative process that affects the rights of thousands of Burlington citizens and every city employee needs to be carved in stone in something like a Corporate Policy, approved by Council before an appointment under Section (1) of the Municipal Act is made. For Council to fail to take this legislated step, as they did, prior to appointing the Ombudsman leaves the city and its employees at risk and opens the door to investigation by the Ontario Ombudsman, given Burlington still does not have an Integrity Commissioner. As we understand it from city documents, ADR Chambers have an impeccable reputation in terms of their expertise in serving municipalities in the resolution of issues that arise between citizens and the administrative sector of a municipality. Their report shows,, we believe, they can be depended upon to only take up their appointment when and where they have the jurisdiction to do so. Their annual report makes it very clear on page 7, that they do not have the jurisdiction to investigate the conduct of City Councillors if and when they make a decision where the public record demonstrates they failed to fulfill their legislated responsibilities pertaining to this decision. The Clerk also states in Report CL that is before this Committee "In January 2016, Council appointed ADR Chambers as the Ombudsman for the City of Burlington." The public record, Minutes of the December 16, 2015 Council meeting which considered the recommendation of the December 8, 2015 Community and Corporate Services Committee whose accuracy is the responsibility of the Clerk and Council when they confirm the minutes as accurate clearly identify that: 5

10 1. The City, through Council, approved on December 16, 2015 the appointment of ADR Chambers as the Burlington Ombudsman under Section (1) of the Municipal Act. 2. The City, through Council, approved the by-law appointing ADR Chambers as the Burlington Ombudsman on the recommendation of the CC&S Committee at the December 16, 2015 Council. (Note The By-law approved on the recommendation of the Community and Corporate Services Committee is not numbered and is not dated). 3. The City, through Council, then enacted this by-law described in 2. above that appeared on the same agenda. numbered and dated as per the normal procedure for council approved by-laws. (i.e. the bylaw appeared on the agenda for approval without a number or date and then for enactment with a number and date of enactment prior to approval of the by-law).. Council then enacted this by-law (approved at the same meeting) and it was then executed and signed into being by the Mayor and Clerk, in 2015, committing the City to a $24,000 minimum cost and the associated risks to citizens and employees without any opportunity for public scrutiny as a by-law up for enactment.. RECOMMENDATION TO COW: That the Committee defer consideration of the recommendation contained in Report CL until its May meeting and, invite the author(s) of the ADR Chambers Report to be present and publicly confirm whether the appointment of the Burlington Ombudsman under Section (1) would if concerned citizens wish to make a complaint comes under the category of complaints ADR have set out on page 7 of their report as: A. being within their jurisdiction as the City has made a decision that has not followed the appropriate {legislated) procedures for making such a decision incurring a minimum $24,000 cost to the city to date. Or B. outside of their jurisdiction as City Council failed to address the legislated conditions of the ADR Chambers appointment and, therefore, any complaint about this decision being outside the legislated framework of the Municipal Act is the responsibility of the Provincial Ombudsman given the City does not have an appointed Integrity Commissioner An received from Angela Morgan after consultation with Committee Chair Marianne Meedward requests that the issues raised with all members of Council prior to this meeting be discussed directly with the Ombudsman but fails to identify whether she is referencing the Burlington Ombudsman appointed by Council December 16, 2015 or the Provincial Ombudsman. The Burlington Ombudsam has we believe the expertise to point citizens who have concerns about the appointment being noncompliant with the legislated conditions of such appointment in the right direction. Respectfully b t ed to Committee of the Whole, April 3, 2017 by Anne and Dave Marsden, alth fety an Access Advocates, Ghent Avenue, Burlington, Ontario, L7S1X5 6

11 Page 1 of Report CL SUBJECT: Annual Report from Burlington Ombudsman TO: FROM: Committee of the Whole Clerks Department Report Number: CL Wards Affected: Not applicable File Numbers: Date to Committee: April 3, 2017 Date to Council: April 18, 2017 Recommendation: Receive and file clerks department report CL providing the annual report from ADR Chambers, Ombudsman for the City of Burlington. Purpose: An Engaging City Good Governance The purpose of this report is to transmit the 2016 annual report from ADR Chambers, Ombudsman for the City of Burlington. Background and Discussion: The Public Sector and MPP Accountability and Transparency Act came into force on January 1, This legislation expanded the function of the provincial Ombudsman to include investigation of decisions or recommendations with respect to the administrative acts of a municipality. The Municipal Act allows a municipality to appoint an Ombudsman to have the same responsibility for conducting investigations with respect to these administrative acts of the municipality. In January 2016, Council appointed ADR Chambers as the Ombudsman for the City of Burlington. As part of the agreement with ADR Chambers they are required to submit an annual report to Council. The 2016 annual report is attached as Appendix A. 7

12 WHATWEDO ADR Chambers Ombuds Office reviews complaints brought by members of the public about the City of Burlington. If a complainant is dissatisfied with the provision of services, a decision or recommendation made by the City in the administration of municipal services, and the complainant has gone through the City's internal complaint system and is not satisfied with the outcome, they may escalate their complaint to the ADR Chambers Ombuds Office. People may contact our office by phone, online and through the mail. We investigate complaints with a view to resolving them either by agreement among the parties, or by issuing a report with analysis and conclusions, including any recommendations. Investigations are conducted in private and are confidential as between the parties. ADR Chambers Ombuds Office ensures all investigations are conducted in a fair, neutral, independent and confidential manner while respecting the rights and time constraints of the individuals involved. Types of Complaints The types of complaints that may be submitted by complainants are varied, including complaints about the denial of services or the failure to provide a proper quality of service; complaints that the City has made a decision that is not within their legal power to make; complaints that the City has not followed the appropriate procedures in reaching a decision; and complaints that the City has failed to take a certain action that it is required to take under its rules, procedures or bylaws. Process Upon receiving a complaint, ADR Chambers Ombuds Office first considers whether it has the jurisdiction to investigate the complaint. Situations where ADR Chambers Ombuds Office Will Not Investigate There are certain matters that are not within our mandate to investigate. These include: Matters that are not within the jurisdiction of the City of Burlington Complaints regarding the conduct of City Councillors and closed meetings of City Council 8

13 Ombudsman. 5', (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Ombudsman who reports to council and whose function is to investigate in an independent manner any decision or recommendation made or act done or omitted in the course of the administration of the municipality, its local boards and such municipallycontrolled corporations as the municipality may specify and affecting any person or body of persons in his, her or its personal capacity. 2006, c. 32, Sched. A, s. 98. Powers and duties (2) Subject to this Part, in carrying out the functions under subsection (1), the Ombudsman may exercise the powers and shall perform the duties assigned to him or her by the municipality. 2006, c. 32, Sched. A, s. 98. Matters to which municipality is to have regard (3) In appointing the Ombudsman and in assigning powers and duties to him or her, the municipality shall have regard to, among other matters, the importance of the matters listed in subsection (5). 2006, c. 32, Sched. A, s. 98. Same, Ombudsman (4) In carrying out his or her functions under subsection (1), the Ombudsman shall have regard to, among other matters, the importance of the matters listed in subsection (5). 2006, c. 32, Sched. A, s. 98. Same (5) The matters referred to in subsections (3) and (4) are, (a) the Ombudsman's independence and impartiality; (b) confidentiality with respect to the Ombudsman's activities; and (c) the credibility of the Ombudsman's investigative process. 2006, c. 32, Sched. A, s

14 Community and Corporate Services Committee Report No Recommendations to City Council Meeting on December 16, APPROVAL OF THE APPOINTMENT OF AN OMBUDSMAN FOR THE CITY OF BURLINGTON Moved By Councillor Sharman Appoint ADR Chambers Inc. ("ADR Chambers") as Ombudsman for the City of Burlington and its local boards pursuant to section (1) of the Municipal Act, 2001 for a two-year term commencing January 1, 2016 to December 31, 2017; and Authorize the Mayor and Clerk to execute a service agreement and any ancillary documents between the City of Burlington and ADR Chambers regarding the appointment of ADR Chambers as Ombudsman, subject to the satisfaction of the City Solicitor; and Allocate $10,000 in the Contingency Reserve Account to pay for any costs with respect to investigations which will be reported on by the City Solicitor as part of the Quarterly Litigation Report; and Approve the by-law, attached as appendix A to report L-31-15, appointing ADR Chambers as the Ombudsman for the City of Burlington and its local boards. (L-31-15) APPROVAL OF THE COMMUNITY INVESTMENT POLICY Moved By Mayor Goldring Approve the Community Investment Policy as detailed in appendix A of report PR-12-15; and Approve a by-law, attached as appendix B to report PR-12-15, to create a Community Investment Reserve Fund. (PR-12-15) APPROVAL OF INVESTIGATION INTO POSSIBLE IMPLEMENTATION OF EPIPENS IN CITY FACILITIES Moved By Councillor Lancaster C&CS, December 8,

15 REGULAR MEETING OF COUNCIL NO \J<Lc \ l, ) o I S /, Correspondence from John Krpan, Evergreen Community (Burlington) Ltd. regarding the report recommending the Evergreen secondary plan be reactivated. (PB-83-15) Community & Corporate Services Committee meeting of December 8, 2015 APPROVAL OF THE 2016 INTERIM TAX LEVY BY-LAW Approve the, by-law attached as appendix A to report F-44-15, which provides for the levy of the 2016 interim taxes. (F-44-15) APPROVAL OF THE TEMPORARY BORROWING BY-LAW Approve the by-law, attached as appendix A to report F-45-15, to authorize the temporary borrowings of monies from the Royal Bank of Canada to meet the ordinary expenditures of the Corporation for the 2016 fiscal year; and Authorize the Mayor and Clerk to execute the Security Agreement, subject to the satisfaction of the City Solicitor. (F-45-15) APPROVAL OF The APPOINTMENT OF AN OMBUDSMAN FOR THE CITY OF BURLINGTON Appoint ADR Chambers Inc. ("ADR Chambers") as Ombudsman for the City of Burlington and its local boards pursuant to section (1) of the Municipal Act, 2001 for a two-year term commencing January 1, 2016 to December 31, 2017; and Authorize the Mayor and Clerk to execute a service agreement and any ancillary documents between the City of Burlington and ADR Chambers regarding the appointment of ADR Chambers as Ombudsman, subject to the satisfaction of the City Solicitor; and Allocate $10,000 in the Contingency Reserve Account to pay for any costs with respect to investigations which will be reported on by the City Solicitor as part of the Quarterly Litigation Report; and Approve the by-law, attached as appendix A to report L-31-15, appointing ADR Chambers as the Ombudsman for the City of Burlington and its local boards. (L-31-15) 4 11

16 THE CORPORATION OF THE CITY OF BURLINGTON BY-LAW NUMBER XX-2015 A by-law to appoint ADR Chambers Inc. as Ombudsman for the City of Burlington WHEREAS pursuant to subsection (1 ), of the Municipal Act, 2001, S.O. 2001, c. 25, a municipality is authorized to appoint an Ombudsman who reports to council and whose function is to investigate in an independent manner any decision or recommendation made or act done or omitted in the course of the administration of the municipality, its local boards and such municipally-controlled corporations as the municipality may specify and affecting any person or body of persons in his, her or its personal capacity. and WHEREAS sections 8, 9 and 10 of the Municipal Act, 2001, S.O. 2001, c. 25, authorize the City of Burlington to pass by-laws necessary or desirable for municipal purposes, and in particular paragraph 2 of subsection 10(2) authorizes by-laws respecting the accountability and transparency of the municipality and its operations; WHEREAS Council desires to appoint ADR Chambers Inc. as Ombudsman for the City of Burlington and its local boards. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF BURLINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT ADR Chambers Inc. is appointed Ombudsman for the City of Burlington and its local boards for a two-year term commencing January 1, 2016 and ending December 31, When carrying out its duties under the Municipal Act, 2001, S.O. 2001, c. 25 and any amendments thereto (the "Act"), the Ombudsman has the general powers and duties and is subject to the limitations set out in sections to of the Act. ENACTED AND PASSED this day of December, Rick Goldring Angela Morgan MAYOR CITY CLERK 12

17 City of Burlington Regular Meeting of Council No q Date: Time: Location: December 16, :30 PM Council Chambers Level 2, City Hall Agenda Call to Order: National Anthem: Regrets: Proclamations: Crime Stoppers Month in Burlington January 2016 Confirmation of Minutes: Confirm the minutes of the following meeting of Council: Regular meeting of Council No held November 23, 2015 Declarations of Interest: Delegations: In order to speak at a Council meeting, individuals must register as a delegation no later than 12:00 noon on the day of the meeting. To register, complete the online application at cityclerks@burlington.ca or phone ext Correspondence: from Ward 2 resident regarding tree removal. (CW-71-15) Pages 1 to 2 13

18 Consideration of Recommendations from Standing Committees: Development and Infrastructure meeting of December 7, 2015 Pages 3 to 6 Report No lo, Community and Corporate Services meeting of December Report No Pages 7 to 14 Audit Committee meeting of December 9, 2015 Report No Pages 15 to 18 Community and Corporate Services - Budget meeting of December 10, 2015 Report No Pages 19 to 22 Reports of the Standing Committees: Motion to Adopt Standing Committee Minutes: Adopt the following reports: Development and Infrastructure meeting of December Community and Corporate Services meeting of December Audit Committee meeting of December 9, 2015 Community and Corporate Services - Budget meeting of December Report No As amended/presented Report No As amended/presented Report No As amended/presented Report No As amended/presented Reports of Municipal Officers: APPROVAL OF THE APPOINTMENTS TO BURLINGTON'S CITIZEN COMMITTEES 14

19 Approve the appointments to Burlington's citizen committees as outlined in Confidential Appendix A of clerk's department report CL and f ( make public the names of successful candidates following Council approval; and Confidential Appendix A of clerk's department report CL to be distributed under separate cover on Monday, December 14, Pages 23 to 26 Motion to Receive and File Council Information Packages: Receive and file the following Information Packages, having been prepared and distributed to Council: December 4, 11, 2015 Motion to Receive and File Items Received by Council: Receive and file the following items, having been considered by Council: Items received at Council Consideration of By-Laws: Enact and pass the following by-laws which are now introduced, entitled and numbered as indicated below: A By-law to authorize the execution of the Dedicated Gas Tax Funds for Public Transportation Program Agreements with the Ministry of Transportation A by-law to designate 1018 Greenwood Drive as a heritage property A by-law to designate 2085 Caroline Street as a heritage property A by-law to designate 6201 Walker's Line as a heritage property A by-law to designate 1375 Ontario Street as a heritage property A by-law to designate 1172 (1040) Britannia Road as a heritage property 15

20 ' :)_. A by-law to amend traffic by-law to allow for the installation of an all-way stop at Brock Avenue and Elgin Street and for the installation of 40 Km speed limits on various streets A debenture by-law for award of request for proposals, consulting services for revitalization of Central and Skyway Arenas A by-law to establish a forestry reserve fund for invasive species A by-law to establish a policy initiatives reserve fund A by-law to establish a culture initiatives reserve fund A by-law to establish an energy initiatives reserve fund A by-law to establish an information technology renewal reserve fund A by-law to amend business By-law to expand the licensing of Food Trucks in the City of Burlington A by-law to amend By-Law , as amended, being a by-law to regulate public parks in the City of Burlington A by-law to authorize the temporary borrowings of monies from the Royal Bank of Canada A by-law to appoint ADR Chambers Inc. as Ombudsman for the City of Burlington A by-law to establish a Community Investment Reserve Fund Statements by Members (non-debatable): Motion to Confirm Proceedings of the Council Meeting: Enact and pass By-law Number , being a by-law to confirm the proceedings of Council at its meeting held Wednesday, December16, 2015, being read a first, second and third time. Motion to Adjourn: Adjourn this Council now to meet again at the call of the Mayor. 16

21 Committee of the Whole Meeting Minutes Date: Time: Location: Members Present: Staff Present: April 3, :00 pm Council Chambers Level 2, City Hall Marianne Meed Ward (Chair), John Taylor, Rick Craven, Jack Dennison, Paul Sharman, Blair Lancaster, Mayor Rick Goldring James Ridge, Joan Ford, Laura Boyd, Chris Glenn, Allan Magi, Angela Morgan, Nancy Shea-Nicol, Mary Lou Tanner, David Thompson (Audio/Video Specialist), Jo-Anne Rudy (Clerk) 1. Declarations of Interest: None. 2. Delegation(s): 2.1 Anne and Dave Marsden representing Community Health, Safety and Access Advocates spoke to the annual report from Burlington Ombudsman. (CL-09-17) 2.2 Tim Park representing the Burlington Sustainable Development Committee spoke to the Sustainable Development Committee 2016 annual report. (CW-09-17) 2.3 John Searles spoke to the proposed amendments to Procedure By-law (CM-06-17) 3. Consent Items: 3.1 Burlington Cycling Advisory Committee 2016 annual report (CL-10-17) Moved by Councillor Dennison Receive and file clerks department report CL providing the Burlington Cycling Advisory Committee s 2016 annual report and 2017 objectives. 17

22 3.2 Accountability and Transparency Policy (CL-11-17) Moved by Councillor Lancaster Approve the Accountability and Transparency policy attached as appendix A to clerks department report CL proposed budget and tax levy for the Aldershot Village BIA (F-08-17) Moved by Councillor Sharman Approve the 2017 proposed budget for the Aldershot Village Business Improvement Area (BIA) as presented in Appendix A of finance department report F incorporating an Aldershot Village BIA members levy of $125,300; and Authorize the Director of Finance to incorporate the resulting Aldershot Village BIA tax rates into the 2017 Tax Levy By-Law proposed budget and tax levy for the Burlington Downtown BIA (F ) Moved by Councillor Sharman Approve the 2017 proposed budget for the Burlington Downtown Business Improvement Area (BIA) as presented in Appendix A of finance department report F incorporating a Burlington Downtown BIA members levy of $741,900; and Authorize the Director of Finance to incorporate the resulting Burlington Downtown BIA tax rates into the 2017 Tax Levy By-Law. 3.5 Operating budget performance as at December 31, 2016 (F-15-17) Moved by Councillor Dennison Receive and file finance department report F regarding the operating budget performance as at December 31,

23 3.6 Tender award by delegated authority for South Service Road area (CW ) Moved by Councillor Sharman Approve a one-time exception to the Procurement By-law Section 24.4 to remove the Delegated Authority contract award limit for Contract CW South Service Road various streets rehabilitation in order to award the contract by a delegated authority report. 3.7 Community partner playground agreement with KaBOOM! (PR-09-17) Moved by Councillor Sharman Authorize the Mayor and City Clerk to sign the Community Partner Playground Agreement with KaBOOM! for the construction of a playground at Bolus Park which is outlined in parks and recreation report PR and included as Appendix A, subject to the satisfaction of the City Solicitor. 4. Regular Items: 4.1 Annual report from Burlington Ombudsman (CL-09-17) Moved by Mayor Goldring Receive and file clerks department report CL providing the annual report from ADR Chambers, Ombudsman for the City of Burlington. 4.2 Sustainable Development Committee 2016 annual report (CW-09-17) Moved by Councillor Sharman Receive and file capital works report CW providing the Sustainable Development Committee s 2016 annual report. 19

24 4.3 Licence agreement with Edge Hospitality (PR-08-17) Moved by Councillor Dennison Approve the single sourcing of Edge Hospitality to provide banquet and conference services at LaSalle Pavilion for the period 2017 to 2022 inclusive; and Authorize the Mayor and City Clerk to enter into an agreement with Edge Hospitality for the exclusive operation of LaSalle Pavilion between 2017 and 2022 subject to the satisfaction of the Director of Parks & Recreation, Director of Finance and City Solicitor. 4.4 Proposed amendments to Procedure By-law (CM-06-17) Moved by Councillor Craven Amend By-law in accordance with the proposed amendments as contained in city manager s report CM-06-17; and Direct the City Clerk to bring forward a by-law to amend By-law to the Council meeting of April 18, Asset Management Plan (CW-22-17) Moved by Councillor Sharman Receive and file the 2016 Asset Management Plan, attached as Appendix A to capital works department report CW Halton District School Board Program and Accommodation Review Process (COW-3-17) Moved by Councillor Sharman Whereas, the Provincial Government made changes to the Pupil Accommodation Review Guidelines in 2015; and Whereas, the current Halton District School Board Program Accommodation Review underway in Burlington has created extensive 20

25 angst in the community; and Whereas, there has been extensive concern with many aspects of the Accommodation Review process, particularly the requirement that the Board provide an initial recommendation, and consequently the functioning of the Program Accommodation Review Committee; and Whereas, the decision to close schools, being a complex matter, should have accomplished: a clear understanding of the purpose and objectives of a Program Pupil Accommodation Review improved community consultation an Accommodation Review Committee model that is inclusive of the broader community no adverse impact on the educational experience of all students consideration of the impact on the community Therefore, be it resolved that the Council of the City of Burlington: Request that the Province of Ontario suspend all current school closure reviews in Burlington until the Program Accommodation Review Guidelines are modified to address the significant process concerns that have been raised; and Provide copies of this motion to Honourable Kathleen Wynne, Premier of Ontario; the Honourable Mitzie Hunter, Minister of Education, MPP; Eleanor McMahon, Minister of Tourism, Culture and Sport, MPP; Indira Naidoo-Harris, Minister of Women s Issues, MPP, Patrick Brown, Leader of the Conservative Party of Ontario, MPP and Andrea Horwath, Leader of the Provincial New Democratic Party. LOST 5. Confidential Items: 5.1 Contingency report as at January 31, 2017 (F-17-17) Moved by Councillor Lancaster Receive and file finance department report F regarding the contingency report as at January 31,

26 5.2 Quarterly litigation update (Nov. 1, 2016 to Jan. 31, 2017) (L-1-17) Moved by Councillor Lancaster Instruct the City Solicitor or her designate to proceed in accordance with the instructions sought in matters 8, 11, 12, 13 and 14; and Receive and file the balance of legal department report L providing a quarterly litigation update. 5.3 Confidential legal advice respecting workplace harassment (L-2-17) Receive and file legal department report L regarding legal advice concerning workplace harassment. 5.4 Confidential land and real estate matters (L-3-17) Moved by Councillor Lancaster Approve recommendations contained in sections 1 to 3 in confidential legal department report L concerning land and real estate matters; and Authorize the Mayor, City Clerk and staff to execute any documents in connection with these matters, subject to the satisfaction of the City Solicitor. 6. Procedural Motions: 6.1 Motion to suspend the rules of procedure Moved by Councillor Sharman Suspend the rules of procedure in order to allow consideration of a motion regarding the Halton District School Board program and accommodation review process, in accordance with procedure by-law s

27 6.2 Motion to suspend the rules of procedure Moved by Councillor Sharman Suspend the rules of procedure to allow a non-registered delegation to speak regarding the Halton District School Board program and accommodation review process (COW-3-17), in accordance with procedure by-law s Motion to proceed into closed session Moved by Councillor Dennison Move into closed session in accordance with the following provisions under the Municipal Act: Section 239 (2)(e) litigation or potential litigation affecting the municipality or local board, including matters before administrative tribunals, with respect to legal department report L-1-17 regarding the quarterly litigation update; Section 239 (2)(b) personal matters about an identifiable individual, with respect to legal department report L-2-17 regarding legal advice on workplace harassment; Section 239 (2)(c) proposed or pending acquisition or disposition of land by the municipality or local board, with respect to legal department report L-3-17 regarding confidential land and real estate matters. 7. Information Items: Moved by Councillor Sharman Receive and file the following two items, having been given due consideration by the Committee of the Whole. 7.1 Presentation from staff regarding Asset Management Plan (CW-22-17) 23

28 7.2 Delegation material from Anne and Dave Marsden concerning the annual report from Burlington Ombudsman (CL-09-17) 8. Staff Remarks: 9. Committee Remarks: 10. Adjournment: 3:20 p.m. (closed), 3:35 p.m. (public) Chair adjourned the meeting at 3:37 p.m. 24

29 Planning and Development Committee Meeting Minutes Date: Time: Location: Members Present: Staff Present: April 4, :00 pm Council Chambers Level 2, City Hall Paul Sharman (Chair), Rick Craven, Marianne Meed Ward, John Taylor, Jack Dennison, Blair Lancaster, Mayor Rick Goldring James Ridge, Vito Tolone, David Thompson (Audio/Video Specialist), Amber LaPointe (Clerk) 1. Declarations of Interest: None. 2. Statutory Public Meetings: 3. Delegation(s): 3.1 Delegation from Marianne Fletcher, representing Bunton's Wharf Condominium regarding pop-up patio pilot project update (PB-20-17) Marianne Fletcher, representing Bunton's Wharf Condominium appeared before committee against the pop-up patio pilot project. Ms. Fletcher expressed concerns with the consultation process with residents, the pilot project s alignment with core commitment guiding principles, and sightlines. 3.2 Delegation from Luk Casteleyn regarding pop-up patio pilot project update (PB-20-17) Luk Casteleyn appeared before committee against the pop-up patio pilot project. Mr. Casteleyn expressed concerns with the loss of parking spots. 3.3 Delegation from Scott Smitt, representing Papa Giuseppe's regarding popup patio pilot project update (PB-20-17) 25

30 Scott Smitt, representing Papa Giuseppe s appeared before committee in support of the pop-up patio pilot project. Mr. Smitt requested that the patio continue to be opened from May to October and that approval be given for more than one year at a time. 3.4 Delegation from Stuart Besston, representing the Coop Wicked Chicken regarding pop-up patio pilot project update (PB-20-17) 4. Consent Items: Stuart Besston, representing The Coop Wicked Chicken appeared before committee in support the pop-up patio pilot project. 4.1 Sign variance application for 2209 Plains Road East (PB-23-17) Moved by Councillor Craven Approve the application for variances to Sign By-law , made by Burlington Signs National, to permit the installation of a new ground sign, which requires the following variances: 1. A setback of 0 m instead of the minimum required 3.9 m. 2. A sign height of 4.68 m instead of the maximum permitted 3.6 m. Subject to the following condition: 1. The variances apply to the proposed ground sign only and are valid only for the duration of the existing uses on site. 4.2 Delegation of appointment of chief building official, deputies and inspectors (PB-24-17) Moved by Councillor Craven Approve by-law , respecting the Appointment of a Chief Building Official, Deputy Chief Building Officials and Building Inspectors, attached as Appendix A to planning and building department report PB annual building permit revenues and expenses (PB-26-17) Moved by Councillor Craven Receive and file planning and building department report PB regarding the 2016 annual building permit revenues and expenses. 26

31 5. Regular Items: 5.1 Pop-up patio pilot project update (PB-20-17) Moved by Councillor Meed Ward Enact the by-law, attached as Appendix A, to Planning and Building Department report PB to authorize the Director of Transportation Services to temporarily remove the common law right of passage over certain portions of streets within the downtown for the installation of seasonal on-street patios as approved under delegated authority by the Director of Planning and Building; and Approve the continuation of the pop-up patio pilot project for an additional year, with staff reporting back to Council at a future date following a reevaluation of the project with respect to the review process and matters including but not limited to design, safety, and fees. Moved by Councillor Meed Ward Approve the pop-up patio program between May 15 and September 20. LOST 6. Confidential Items: None. 7. Procedural Motions: 8. Information Items: Moved by Councillor Craven Receive and file the following two items, having been given due consideration by the Planning and Development Committee. 27

32 8.1 Delegation correspondence from Marianne Fletcher, representing Bunton's Wharf Condominium regarding pop-up patio pilot project update (PB-20-17) 8.2 Delegation correspondence from Luk Casteleyn regarding pop-up patio pilot project update (PB-20-17) 9. Staff Remarks: 10. Committee Remarks: 11. Adjournment: Chair adjourned the meeting at 2:22 p.m. 28

33 Audit Committee Meeting Minutes Date: Time: Location: Members Present: Member Regrets: Staff Present: Others Present: April 5, :30 pm Room 247, Level 2, City Hall John Taylor (Chair), Peter Maher, Jack Dennison, Paul Sharman, Brian Goard, Mayor Rick Goldring, Maceij Jurczyk David Tait Joan Ford, Sheila Jones, David Thompson (Audio/Video Specialist), Lisa Palermo (Clerk) Sandy O'Reilly, Rosalind Minaji 1. Declarations of Interest: None. 2. Delegation(s): None. 3. Consent Items: 3.1 Summary of audit results - Corporate Payroll (CA-05-17) Moved by: Councillor Sharman Receive and file City Auditor s report CA providing summary of audit results Corporate Payroll. 3.2 Summary of 2016 audit results (CA-07-17) Moved by: Councillor Sharman 29

34 Receive and file City Auditor s report CA providing summary of 2016 audit results. 4. Regular Items: 4.1 Summary of audit results - Enterprise Mobility Audit Consulting Project (CA-04-17) Moved by: Councillor Taylor Receive and file City Auditor s report CA providing summary of audit results - Enterprise Mobility Audit Consulting Project; and Direct the Director of Information Technology Services (ITS) to include in the annual ITS management overview to the Audit Committee, an update on the progress of mobility-related initiatives to support the Corporate ITS strategy and how inherent risks are being managed. 4.2 Summary of audit results - Financial Review Phase II GL Account Reconciliation (CA-06-17) Moved by: Brian Goard Receive and file City Auditor s report CA providing summary of audit results Financial Review Phase II GL Account Reconciliation. 5. Workshop 5.1 Audit Committee self-assessment workshop (CL-12-17) Moved by: Mayor Goldring Receive and file clerks department report CL providing the Audit Committee effectiveness survey results for the Committee s selfassessment workshop. 30

35 6. Confidential Items: None. 7. Procedural Motions: None. 8. Information Items: Receive and file the following item, having been given due consideration by the Audit Committee: 8.1 Presentation from staff regarding Audit Committee self-assessment workshop (CL-12-17) 9. Staff Remarks: 10. Committee Remarks: 11. Adjournment: Chair adjourned the meeting at 5:38 p.m. 31

36 Committee of the Whole - Workshop Meeting Minutes Date: Time: Location: Members Present: Staff Present: April 6, :00 pm Council Chambers Level 2, City Hall Jack Dennison (Chair), Blair Lancaster, Marianne Meed Ward, Rick Craven, John Taylor, Paul Sharman, Mayor Rick Goldring James Ridge, Jeff Black, Joan Ford, Ross Monteith, Nancy Shea-Nicol, Mary Lou Tanner, Vito Tolone, David Thompson (Audio/Video Specialist), Lisa Palermo (Clerk) 1. Declarations of Interest: None. 2. Delegation(s): 2.1 Delegation from John Armstrong, Armstrong Strategy Group representing MasonryWorx regarding release of draft new Official Plan for community consultation (PB-01-17) John Armstrong spoke in support of the draft Official Plan. Armstrong provided recommendations related to design guidelines. 2.2 Delegation from Dana Anderson, MHBC Planning representing Glanelm Property Management regarding release of draft new Official Plan for community consultation (PB-01-17) Dana Anderson spoke in support of the redevelopment of Lakeside Plaza and requested that the property be designated as a Primary development site in the draft Official Plan. Anderson encouraged further public consultation on the draft Plan. 2.3 Delegation from Dana Anderson, MHBC Planning representing Emshih Developments regarding release of draft new Official Plan for community consultation (PB-01-17) 32

37 Dana Anderson spoke in support of the Emshih development. Anderson requested that the site be considered as part of the GO Station mobility hub. 2.4 Delegation from Christine Carter regarding release of draft new Official Plan for community consultation (PB-01-17) Christine Carter spoke regarding the Aldershot Quarry and it's proximity to Westhaven Drive. Carter expressed concerns that the quarry is not in keeping with the policies and principles outlined in the draft Official Plan. 2.5 Delegation from Martin Quarcoopome, Weston Consulting and Mr. Mian of LJM Developments regarding release of draft new Official Plan for community consultation (PB-01-17) 3. Consent Items: None. 4. Regular Items: Mr. Mian and Mr. Quarcoopome spoke in support of their proposed development on Appleby Line. Mian and Quarcoopome requested the Uptown Centre designation for their site. 4.1 Release of draft new Official Plan for community consultation (PB-01-17) Moved by: Councillor Meed Ward Receive Appendix A to planning and building department report PB-01-17, entitled Burlington Official Plan Draft, dated April 2017, with the exception of Section entitled Neighbourhood Centre Designation and any related policies, which is referred back to staff for further review; and Receive the transit policy direction as contained in Section 1.2 of planning and building department report PB-01-17, related to the city s new Official Plan project; and Receive the Transportation Plan policy directions in Section 2.0 (Table 2) of planning and building department report PB-01-17, related to the city s Transportation Plan Project; and Refer the following back to staff for further review to be brought back to 33

38 the Planning and Development Committee for consideration at a future date: Commercial Policy Directions as contained in Section 1.1 (Table1: Neighbourhood Centre Policy Direction) of the draft Official Plan contained in Appendix A of planning and building department report PB Commercial Lands Policy Directions as contained in Appendix C of planning and building department report PB Market and Financial inputs to Neighbourhood Centres Policy 2017 as contained in Appendix E of planning and building department report PB ; and Receive the remainder of planning and building department report PB-01-17; and Direct the Director of Planning and Building to commence with community and agency consultation and engagement on the draft Official Plan; and Direct the Director Transportation to commence with community and agency consultation and engagement on the Transportation policy directions of the Transportation Plan. 5. Confidential Items: None. 6. Procedural Motions: None. 7. Information Items: Moved by: Councillor Lancaster Receive and file the following eight items, having been given due consideration by the Committee of the Whole - Workshop. 34

39 7.1 Staff presentation regarding release of draft new Official Plan for community consultation (PB-01-17) 7.2 Delegation notes from Dana Anderson, MHBC Planning representing Glanelm Property Management regarding release of draft new Official Plan for community consultation (PB-01-17) 7.3 Presentation from Dana Anderson, MHBC Planning representing Emshih Developments regarding release of draft new Official Plan for community consultation (PB-01-17) 7.4 Correspondence from Martin Quarcoopome, Weston Consulting (800 LaSalle Park Road) regarding release of draft new Official Plan for community consultation (PB-01-17) 7.5 Correspondence from Martin Quarcoopome, Weston Consulting (143 Blue Water Place & 105 Avondale Court) regarding release of draft new Official Plan for community consultation (PB-01-17) 7.6 Correspondence from David McKay, MHBC Planning representing Playacor Holdings Ltd regarding release of draft new Official Plan for community consultation (PB-01-17) 7.7 Correspondence from Rob Proctor, Chair and Al Kirkpatrick, Vice Chair representing Burlington Integrated Transportation Advisory Committee regarding release of draft new Official Plan for community consultation (PB-01-17) 7.8 Correspondence from Colin Chung, Glen Schnarr & Associates Inc. representing Sundial Homes Ltd. regarding release of draft new Official Plan for community consultation (PB-01-17) 8. Staff Remarks: 9. Committee Remarks: 10. Adjournment: Chair adjourned the meeting at 3:12 p.m. 35