COMBINED COMMITTEE OF THE WHOLE
OPERATIONS AND PLANNING &
ADMINISTRATION AGENDA

Tuesday, September 27, 2022

6:00 P.m. - 8:00 P.m.

Brantford City Hall, 58 Dalhousie Street

This meeting will be held in a hybrid meeting format (virtual and in-person). To view the livestream of the meeting, visit: http://brantford.ca/VirtualCouncil. Register to attend in-person as a delegate by visiting: https://form.brantford.ca/Your-Government/Delegation-Request-Form. Register to appear virtually as a delegation by visiting: https://calendar.brantford.ca/meetings. Members of the public seeking to attend in person without participating are not required to register. 

If technical difficulties arise out of the livestream and the livestream becomes unavailable; members of the public can observe the meeting by calling 1-855-703-8985 or 1-647-374-4685 and entering the Meeting ID: 943 4737 3667.

Alternative formats and communication supports available upon request.  For more information, please contact the City of Brantford Municipal Accessibility Coordinator at [phone] or by e-mail at [e-mail].​

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1.

INVOCATION

2.

ROLL CALL

3.

DECLARATIONS OF CONFLICTS OF INTEREST

4.

SEPARATION OF ITEMS FOR CONSIDERATION AND CONSENT ITEMS FOR DISCUSSION PURPOSES

5.

DELEGATIONS/PRESENTATIONS

5.1

DELEGATIONS [list, if any, available at meeting]

5.2

PRESENTATIONS

5.2.1

Ben Vander Veen, Project Landscape Architect - WSP Canada Inc.

Re: Item 6.1.1 Trail Safety Audit Report

6.

ITEMS FOR CONSIDERATION/ CONSENT

6.1

ITEMS FOR CONSIDERATION

6.1.1

Trail Safety Audit Report [Financial Impact-None], 2022-609

• 1. THAT Report 2022-609 titled, Trail Safety Audit Report, BE RECEIVED; and
  2. THAT Staff report back to City Council annually on the progress of the Trail Safety Action items.

6.1.2

Mohawk Lake District Plan Implementation Update [Financial Impact – None], 2022-530

• THAT Report 2022-530, titled “Mohawk Lake District Plan Implementation Update”, BE RECEIVED.

6.1.3

City of Brantford Net-Zero Building Strategy [Financial Impact - None], 2022-571

• 1. THAT Report #2022-571 titled “City of Brantford Net-Zero Building Strategy” BE RECEIVED; and
  2. THAT Council APPROVE the “City of Brantford Net-Zero Building Strategy” as presented in Appendix B and the “City of Brantford Net-Zero Building Standard and Checklist” as presented in Appendix C.

6.1.4

Wayne Gretzky Parkway Roadway Dedication [Financial Impact – None], 2022-619

• 1. THAT Report 2022-619 titled Wayne Gretzky Parkway Roadway Dedication BE RECEIVED; and
  2. THAT the following by-law BE PRESENTED to City Council for ADOPTION:
     1. By-law to declare and dedicate part of Lot 37, Concession 3 in the Geographic Township Brantford, now the City of Brantford, designated as Part 4, Reference Plan 2R-5402, AND Part 1 and 2, Reference Plan 2R-8462, as part of the Public Highway, to be known as Wayne Gretzky Parkway.

6.1.5

Waiving Rental Fees for BCHU Use of City Facilities for Vaccine Clinics [Financial Impact - $12,045.97], 2022-624

• 1. THAT Report 2022-624 Waiving Rental Fees for the Brant County Health Unit Use of City Facilities for Vaccine Clinics BE RECEIVED; and
  2. THAT staff BE DIRECTED to provide the Brant County Health Unit use of the Civic Centre Auditorium for pop-up style Covid vaccine booster Clinics; and
  3. THAT Council APPROVE the waiving of fees in the amount of $13,911.90 including HST for the rental fees for 32 vaccine clinic bookings hosted by the Brant County Health Unit at the Civic Centre Auditorium scheduled for October, November and December 2022.

6.1.6

Safe Reporting Program and Hotline [Financial Impact - $5,500 - $9,000 per year], 2022-586

• 1. THAT Report 2022-586 Safe Reporting Program and Hotline BE RECEIVED; and
  2. THAT Corporate Policy 052 – Safe Reporting Program, attached as “Appendix A” to this Report, BE APPROVED; and
  3. THAT the necessary by-law to amend by-law 70-2010, being a by-law to adopt various City of Brantford policies and to create a corporate policy manual BE PRESENTED to City Council for adoption; and
  4. THAT the annual cost of $9000.00 to pay for the cost of the independent third party service provider required by Corporate Policy 052 – Safe Reporting Program BE INCLUDED as an unavoidable increase to the 2023 operating budget.

6.1.7

Treat Accessibly – Making Trick or Treating Accessible in Brantford [Financial Impact - None], 2022-612

• 1. THAT the Report 2022-612 titled “ Treat Accessibly – Making Trick or Treating Accessible in Brantford” be RECEIVED; and
  2. THAT staff in the Office of the CAO and the Communications Departments BE DIRECTED to work with Treat Accessibly to promote awareness of the Treat Accessibly initiative, on an annual basis, on the appropriate communication channels.

6.1.8

Council Priorities – Update [Financial Impact - $25,000], 2022-629

• 1. THAT Staff Report 2022-629 Council Priorities – Update BE RECEIVED; and
  2. THAT Staff BE DIRECTED to contract a facilitator to establish the 2022-2026 Council Priorities set in December 2022 at a cost of $25,000 to funded from the Council Priorities Reserve (RF0558).

6.1.9

Customer Code of Conduct Policy [Financial Impact - None], 2022-654

• 1. THAT By-law 70-2010 is hereby amended by amending Appendix “A” attached thereto by adopting Corporate Policy-053 (Customer Code of Conduct Policy), attached hereto as Appendix “A”; and
  2. THAT the Clerk be directed to update the Corporate Policy manual to reflect the amendment to said Policy approved herein; and
  3. THAT this By-law shall come into force effective immediately.

6.2

CONSENT ITEMS

6.2.1

MINUTES

6.2.1.1

Combined Committee of the Whole - Operations & Planning and Administration - September 6, 2022

7.

RESOLUTIONS

7.1

Safe Housing Supply - Councillor McCreary

• WHEREAS home ownership has become out of reach for the average family due to the rising costs of ownership seen across Ontario; and

  WHEREAS the Province of Ontario adopted the “More Homes, More Choice: Ontario’s Housing Supply Action Plan” on May 2019 to establish a framework and goals to allow for the creation of more housing across Ontario; and

  WHEREAS the Province adopted Bill 108, the More Homes, More Choice Act, 2019, which amended the Planning Act permitting two residential units in a detached house, semi-detached house or row-house, and a residential unit in a building or structure ancillary to a detached house, semi-detached house or row-house; and

  WHEREAS on December 6, 2021 the Minister of Municipal Affairs and Housing  appointed a nine-member Housing Affordability Task Force to provide the government of Ontario with recommendations on additional measures to address market housing supply and affordability; and

  WHEREAS on February 8, 2022 the Housing Affordability Task Force provided its final report containing 55 recommendations on increasing housing supply to the Province for consideration, including the recommendation that a minimum of four storeys and four dwelling units be permitted as-of-right on a single residential lot, that secondary suites, garden suites and laneway housing be permitted as-of-right across the Province, and multi-tenant housing be permitted as-of-right; and

  WHEREAS such as-of-right permission may create conflicts in established neighborhoods due to  increased density related to neighborhood character, lack of privacy, inadequate lot sizes, road capacity, electrical services, and water and waste-water service.

  NOW THEREFORE BE IT RESOLVED:

  1. THAT Staff BE DIRECTED to investigate options, including available legislative tools such as a system of licenses and  registration, property standards, and any necessary changes to staff complements and taxation to ensure that conversion of existing properties and the creation of additional dwelling units in existing neighborhoods results in safe and appropriate housing; and
  2. THAT Staff REPORT BACK to the Planning Committee in Q2 of 2023 with the results of their investigation.

7.2

793 Colborne Street - Building Permit Fee Reduction - Mayor Davis

• WHEREAS the Building Code Act, S.O. 1992, provides that a Council of a municipality may pass bylaws requiring the payment of fees and prescribing the amounts of the fees for application for and on issuance of building permits; and

  WHEREAS The Municipal Act 2001, allows that a municipality may impose fees or charges on a person for services and activities provided or done by or behalf of it; and

  WHEREAS the City of Brantford By-law Number 34-2022, being a By-law to Fix Fees and Charges, provides that where Council determines that the waiver or reduction of any Fee or Charge provided within such By-law, other than a Planning Fee, is in the best interest of the City, Council may waive or reduce said Fee or Charge by way of resolution at a duly constituted meeting of Council, where the manner for waiving said Fee or Charge is not specified in any applicable legislation or regulation, or within any other by-law of the City; and

  WHEREAS the property at 793 Colborne Street requires a major rehabilitation of its onsite parking garage, and the ownership is a not for profit Condo Corporation, and many owners in the building are seniors on a fixed income;

  NOW THEREFORE BE IT RESOLVED that staff BE DIRECTED to provide a refund of 50% of the building permit fee for the rehabilitation of the parking garage at 793 Colborne Street. 

7.3

Asset Disposition Policy and Public Engagement - Councillor McCreary

• WHEREAS City Council is governed both by provincial regulations and by rules and procedures created by City Council itself; and

  WHEREAS decision making occurs within the boundaries of those regulations, rules and procedures; and

  WHEREAS the sale of a municipal asset to finance other municipal priorities was properly conducted well within those boundaries; and

  WHEREAS despite the propriety of that decision and action, some in the community expressed opposition in the form of  sadness, anger and hate; and

  WHEREAS much of the opposition was directed at the process followed in soliciting public opinion and input and

  WHEREAS  a more protracted and broad based consultation might have been appropriate; and

  WHEREAS policy is absent which would allow for a framework for future disposition of municipal assets and public input;

  NOW THEREFORE BE IT RESOLVED:

  1. THAT Staff be directed to create a report summarizing available policy options to govern the disposition of municipal assets including solicitation of public input to be presented to City Council no later than 31 March 2023; and
  2. THAT a Public Consultation Task Force BE ESTABLISHED;
     1. THAT the Task Force BE COMPRISED of 5 members of Council to be appointed at the November 22, 2022 Appointments Committee meeting and 3 members of the public to be appointed through the appointments process; and
     2. THAT the Task Force BE SUPPORTED by:
        1. City of Brantford Staff Liaisons, selected by the Chief Administrative Officer, who will provide technical and operational advice and staff assistance;
        2. A member of the Clerks Department to assist with agenda preparation and minute taking; and
        3. Other staff as needed to support the mandate of the Task Force; and
     3. THAT the mandate of the Task Force is to review and make recommendations to City Council through Committee of the Whole - Operations regarding public input, delegations, presentations, referenda and all other means of public engagement on all matters; and
     4. THAT the term of the Task Force BE ESTABLISHED until such a time as the Task Force, in consultation with support staff, recommends disbandment having achieved their mandate.

7.4

Barnes Avenue at Omega Drive – All-way Stop Control - Councillor Sless

• WHEREAS a petition has been received requesting all-way stop control at the intersection of Barnes Avenue and Omega Drive; and

  WHEREAS the intersection has not been reviewed following the guidelines outlined in Public Works-009 All-way Stop – Warrants policy;

  NOW THEREFORE BE IT RESOLVED:

  1. THAT staff BE DIRECTED to install to All-way Stop control at the intersection; and
  2. THAT the implementation cost for All-way Stop control signage and pavement markings, not to exceed $1,500, BE FUNDED from the Operational Services operating budget; and
  3. THAT any necessary by-laws BE PRESENTED to City Council for adoption.

7.5

Roberts Avenue – On-street Parking - Councillor Sless

• WHEREAS a request has been received to provide on-street parking on the west side of Roberts Avenue, beside 176 Dufferin Avenue; and

  NOT WITH STANDING the amending on-street parking work flow provided in PUBLIC WORKS-021 Amending On-street Parking Regulations Policy;

  NOW THEREFORE BE IT RESOLVED:

  1. THAT staff BE DIRECTED to provide two (2) on-street parking spaces on the west side of Roberts Avenue, beside 176 Dufferin Avenue; and
  2. THAT the implementation cost for parking control signage, not to exceed $200, BE FUNDED from the Operational Services operating budget; and
  3. THAT any necessary by-laws BE PRESENTED to City Council for adoption.

7.6

Ava Road – Traffic Calming Public Meeting - Councillor Sless

• WHEREAS City Council, at their meeting July 26, 2022, approved the recommendations in report no. 2022-355 regarding Ava Road Traffic Calming; and

  WHEREAS the installation of chicanes along Ava Road is one of four (4) recommended changes to address speeding and cut-through traffic concerns raised by area residents; and

  WHEREAS a letter dated August 29, 2022 regarding Ava Road Traffic Calming – Chicanes was delivered to the neighbourhood to advise residents that chicanes would soon be installed on Ava Road; and

  WHEREAS staff and Ward 2 Councillor received feedback from residents expressing concerns regarding the proposed design;

  NOW THEREFORE BE IT RESOLVED:

  1. THAT staff BE DIRECTED to not install the chicanes on Ava Road; and
  2. THAT staff BE DIRECTED to develop additional traffic calming options for consideration along Ava Road; and
  3. THAT staff BE DIRECTED to arrange a public meeting to review the traffic calming options with the neighbourhood; and
  4. THAT staff BE DIRECTED to proceed with the additional measures that were identified in report no. 2022-355 specifically being the speed limit reduction to 40km/hr. and the signed bike route and sharrow pavement markings.

7.7

Shaftesbury Avenue Fencing - Councillor Sless

• WHEREAS it is important that municipally-owned and operating housing units are properly maintained and in a good state of repair.  This is a Council and Service Manager, Housing and Homelessness Services priority - to provide a decent affordable home where tenants can live and thrive; and

  WHEREAS the Housing and Homelessness Services Housing Operations team is responsible for the operations of municipally-owned housing units, and uses various processes such as Building Condition Assessments to assist with decision making regarding capital repairs and replacements and to assist with the annual capital budget process; and

  WHEREAS on occasion, weather conditions, other events or “wear and tear” can occur that may cause damage to existing fences that separate municipally-owned housing properties from privately owned properties, and which may occur between budget cycles meaning that there may be inadequate funds available for repair and replacements costs; and

  WHEREAS, according to the current policy, fence replacements are cost-shared between neighbouring property owners; and

  WHEREAS there is a neighbor at 16 Shaftesbury Avenue, Brantford whose private property is adjacent to municipally owned property at 18 Shaftesbury Avenue, Brantford, requesting a new fence between the driveways to replace the part of the fence that was damaged and removed. The estimated cost for supplies and labour to replace this part of the fence is approximately $600;

  NOW THEREFORE BE IT RESOLVED:

  1. THAT Staff BE DIRECTED to use funds from the Housing Operations operating budget to cover the full costs of the fence replacement; and
  2. THAT Staff BE DIRECTED to obtain fence replacement quotes and manage the project to completion.

7.8

130 Savannah Oaks Drive - Savanah Oaks Pond - Councillor Antoski

• WHEREAS 1978771 Ontario Inc. (the “Owner”) acquired the lands known as 130 Savannah Oaks Drive, and legally described as PART LOT 1, PLAN 2M1854, BEING PART 2 ON 2R-8592 CITY OF BRANTFORD, being all of PIN 32220-0326(LT) “Purchase Lands”); and

  WHEREAS as a condition of the Agreement of Purchase and Sale for the acquisition of the Purchase Lands, the Owner agreed to enter into an agreement with The Corporation of the City of Brantford (the “City”) or as it directs, with respect to the City obtaining an option to purchase the Option Lands, the terms of which were agreed upon prior to the closing date; and

  WHEREAS the Option Lands consist of approximately 12 acres located on the eastern portion of the Purchase Lands and are mostly occupied by a Pond; and

  WHEREAS, the City intends to trigger the Option to Purchase for the acquisition of the Option Lands;

  NOW THEREFORE BE IT RESOLVED:

  1. THAT upon the completion of the acquisition of the Option Lands, Staff BE DIRECTED to investigate options to rezone the pond property to an Open Space zone and lower taxation to support the on-going naturalization of the pond, through the new Zoning Bylaw update; and
  2. THAT upon the completion of the rezoning process, Staff BE DIRECTED to transfer ownership of the Option Lands to the Brant Land Trust, for future preservation.

7.9

Standards of Care of Animals - Councillor Antoski

• WHEREAS the Municipal Act 2001, S.O. 2001, provides that single-tier municipalities may pass by-laws respecting matters related to animals; and

  WHEREAS The Municipal Act 2001, s. 10 (1), allows that a single-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public; and

  WHEREAS the Municipal Act 2001, S.O. 2001, provides for a by-law under sections 10 and 11 respecting a matter may,

  1. regulate or prohibit respecting the matter;
  2. require persons to do things respecting the matter;
  3. provide for a system of licences respecting the matter.  2006, c. 32, Sched. A, s. 8.; and

  WHEREAS the public has raised concerns regarding animal wellbeing within the City of Brantford; and

  WHEREAS it is considered desirable to incorporate standards of animal care to Chapter 206 – Dogs – Other Animals of the City of Brantford Municipal Code;

  NOW THEREFORE BE IT RESOLVED THAT staff BE DIRECTED to bring forward amendments for City Council’s consideration, to Chapter 206 – Dogs-Other Animals of the City of Brantford Municipal Code, to include standards of care for animals including but not limited to:

  1. Shelter of adequate size and provides protection from the elements, adequate ventilation;
  2. Tether that provides unrestricted movement, time limit, access to food, water and shelter, is not connected to a choke-style chain collar;
  3. Access to food and water that is fit for consumption, is replaced at least once every 24 hours, is not frozen

7.10

Native Plantings - Councillor Antoski

• WHEREAS sections 8, 9 and 10 of the Municipal Act, 2001 authorize The Corporation of the City of Brantford to pass by-laws necessary or desirable for municipal purposes; and

  WHEREAS section 10, paragraphs 5 and 6 authorize by-laws respecting the economic, social and environmental well-being of the municipality, including respecting climate change; and the health, safety and well-being of persons; and

  WHEREAS native plants and trees are those that grow in a region in which they evolved and support a wide variety of species and play a key role in supporting biodiversity including food and shelter for bees and butterflies; and

  WHEREAS native plants and trees are vital to building a climate-resilient future for all;

  NOW THEREFORE BE IT RESOLVED:

  1. THAT staff be directed to indicate in the climate lens tool and climate and environmental implication section of council reports if the project will include native plantings to capture efforts the City is taking to promote biodiversity; and
  2. THAT staff BE DIRECTED to create and maintain a list of native plants and trees on the City’s website so that residents can easily access information; and
  3. THAT staff review current by-laws that may inhibit plantings of native plants and trees in certain areas and update them or remove them as per sections 8, 9 and 10 of the Municipal Act 2001; and
  4. THAT staff create corporate policies that align with section 10, paragraphs 4, and 6; and
  5. THAT staff BE DIRECTED to investigate and REPORT BACK to Council with a City Policy that supports the predominate planting of native plants and trees by the City; and
  6. THAT staff BE DIRECTED to collaborate with community groups (e.g. Brantford Garden Club - Ontario Horticultural Association, Butterflyway Project Rangers, Grand Erie Master Gardeners, Equal Ground Community Gardens) to promote gardening and develop communication campaigns to educate the public on various species of native plants.

7.11

Brantford Red Sox - Councillor Carpenter

• WHEREAS the Brantford Red Sox baseball team has been active in Brantford since 1911; and

  WHEREAS the Brantford Red Sox are facing challenges on and off the field; and

  WHEREAS the Brantford Red Sox receives no funding or subsidies from the City of  Brantford; and

  WHEREAS the City is interested in exploring ways of working together with the Brantford Red Sox;

  NOW THEREFORE BE IT RESOLVED THAT Staff setup a meeting between the Red Sox and Councillor Carpenter and other interested members of Council to discuss their challenges.

8.

NOTICES OF MOTION

8.1

Coulbeck Road and Banbury Road - Councillor Carpenter

• WHEREAS Banbury Rd  residents have long expressed concerns regarding traffic safety and high rates of speed; and

  WHEREAS in response, Ward Councillors have been requested to review speed concerns on the North leg of Banbury Street ; and

  WHEREAS the residents are asking for a speed study to be conducted and that traffic calming measures be implemented; and

  WHEREAS residents of Banbury Street have requested  the City of Brantford to take further action, namely the review of the intersection of Caulbeck and Banbury for a future stop sign;

  THEREFORE NOW BE IT RESOLVED:

  1. THAT Staff BE DIRECTED to take all actions necessary to review the intersection of Coulbeck Road and Banbury Road for a possible all way stop sign at this location; and
  2. THAT Staff BE DIRECTED Conduct a speed study to learn whether additional traffic calming measures are warranted.

9.

ADJOURNMENT