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CITY OF BURLINGTON
REGULAR MEETING OF COUNCIL NO. 6-10 MONDAY, APRIL 12, 2010
IN COUNCIL CHAMBERS
LEVEL 2, CITY HALL AT 7:00 P.M.
AGENDA
CALL TO ORDER:
NATIONAL ANTHEM:
REGRETS:
PROCLAMATIONS:
Ontario Coaches Week April 17 – 26, 2010
Polish Days April 30 – May 7, 2010
Hike & Bike for Carpenter Hospice Day May 2, 2010
National Stroke Recovery Awareness Month May 2010
Multiple Sclerosis Month May 2010
CONFIRMATION OF MINUTES:
THAT the minutes of the following meeting of Council be hereby confirmed:
Regular meeting of Council No. 5-10 held Monday, March 22, 2010.
PRESENTATION:
Presentation by Hassaan Basit, Director Communications Services, Conservation Halton,
regarding the Halton Children’s Water Festival taking place from September 28 to October 1,
2010.
DECLARATIONS OF INTEREST:
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
DELEGATIONS:
Any person, group of persons or organization wishing to appear before City Council must
register by noon on the day of the Council meeting either in writing, by fax 905-335-7881, by e-
mail [email protected] or by telephone 905-335-7698 with the Clerks Department.
Delegations will only be permitted to register when there is a specific recommendation, motion
and/or by-law listed on the Council Agenda. Each delegation is allowed a maximum of five
minutes to present their support or opposition to the item. Delegations are encouraged to provide
a written brief of their delegation for the official public record.
Approval of the final destination site for the historic Freeman Station
See Item DI-05-10, page 13
Dave Morris, President, Burlington Historical Society (BHS), will speak in support of
Option B.
Jane Ann Newson, Chair, Heritage Burlington, will speak in support of Option B.
Bob Izsak, 2427 Lambeth Avenue, Burlington, representing area residents, will speak in
opposition to Option B.
CORRESPONDENCE:
Memorandum dated April 6, 2010 from Michelle Dwyer, Elections Officer, and Kim
Phillips, General Manager of Corporate Services, concerning voting locations for the
2010 Municipal Election. (Related to Item CL-10-10)
Page 3
Memorandum dated April 7, 2010 from Leo DeLoyde, General Manager of Development
and Infrastructure and Bruce Krushelnicki, Director of Planning and Building, concerning
Freeman Station Final Site Location – Ireland House Museum at Oakridge Farm, 2168
Guelph Line. (Related to Item DI-5-10)
Pages 4-10
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
REPORTS OF THE STANDING COMMITTEES
This Council Meeting is the final stage of decision-making after a thorough review process.
Members of Council have heard delegations, read and considered reports, and discussed a variety
of recommendations presented to four meetings of the standing committees. Tonight, we will be
making Council decisions about the recommendations from the committees.
I will read aloud the heading of each item that delegations have spoken to us about. If a member
of Council wants to ask any questions or share more information about the item, they will do so.
I will also note that there are many items council has received that are recommended to be
received and filed. After all of the items have been noted, I will then ask Council to vote on one
motion to approve the recommendations arising from the standing committees. The meetings
we’ll be dealing with at tonight’s council meeting include:
Community Development Committee Report No. 4-10
Meeting of March 29, 2010.
See pages 12-17
Budget & Corporate Services Committee Report No. 7-10
Meeting of March 30, 2010.
See pages 18-21
Audit Committee Report No. 3-10
Meeting of March 30, 2010.
See page 22
Community Services Committee Report No. 6-10
Meeting of March 31, 2010.
See pages 23-30
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
COMMUNITY DEVELOPMENT
COMMITTEE
REPORT NO. 4-10 RECOMMENDATIONS TO
COUNCIL MEETING OF
APRIL 12, 2010
DATE OF MEETING: Monday, March 29, 2010.
PLACE OF MEETING: Council Chambers, City Hall at 6:30 p.m. (Public).
MEMBERS PRESENT: Councillors Peter Thoem (Chair), Jack Dennison,
Rick Craven, John Taylor, Rick Goldring, Carol
D’Amelio and Mayor Cam Jackson.
STAFF PRESENT: Roman Martiuk, Leo DeLoyde, Allan Magi, Bruce
Krushelnicki, Mariana Iglesias, Michelle Dwyer,
Jennifer Johnson, Andrea Holland, Rosalind Minaji,
Jason Schmidt-Shoukri, Bethany Carey, Jody
Wellings, Alan Bell and Jennifer Shaw (clerk).
OTHERS PRESENT: Pam Belgrade (Tourism Burlington) and Ian Ross
(Burlington Art Centre).
DECLARATIONS OF INTEREST: None.
RECOMMENDATIONS:
SIX ITEMS FOR CONSIDERATION:
APPROVAL TO REMOVE FIVE TREES FROM NELSON ARENA FOR A PROPOSED
CHANGE ROOM ADDITION
Approve the removal of five City trees from Nelson Arena for a proposed change room
addition. (PB-28-10)
RECEIPT OF THE BUILDING PERMIT FEES ANNUAL REPORT
Receive the Planning & Building Department report PB-16-10, dated February 26, 2010,
on building permit fees collected and costs of administration and enforcement of the
Building Code Act for the period January 1, 2009 to December 31, 2009. (PB-16-10)
RECEIPT OF BURLINGTON MANUFACTURING STUDY AND DIRECTION TO REPORT
BACK ON ACTIONS TO FOSTER CONTINUING GROWTH IN MANUFACTURING
SECTOR
Receive the 2010 Next Generation Manufacturing: “Insights and Actions for Burlington
Manufacturers” study; and
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
Express support of Burlington’s manufacturing sector and request the Burlington
Economic Development Corporation to report back on actions that the City can undertake
to foster the sector’s continued growth. (CD-06-10-1)
REFERRAL OF BUSINESS LICENSING HEARING REPORT REGARDING THE
RUDE NATIVE BISTRO LOUNGE
Refer consideration of the report regarding the Business Licensing Hearing in the
matter of The Rude Native Bistro Lounge and revised license restrictions to the
Council meeting of April 12, 2010. (CD-07-10)
APPROVAL OF DIRECTIONS REGARDING THE DOWNTOWN FARMER’S MARKET
INITIATIVE
Direct the Downtown Coordinator to issue a call for proposals for a farmer’s market in
the downtown consistent with the general Terms of Reference set out in Planning &
Building Department report PB-24-10, dated March 4, 2010; and
Consider funding for the market (including in-kind contributions such as staff time and
facility rental) in an amount not to exceed $25,000 as part of the 2011 budget
considerations; and
Direct the Downtown Coordinator to seek partnerships with the Burlington Downtown
Business Association and other stakeholder groups and report back on the selection of a
preferred market operator, proposed financial contribution and partnership opportunities.
(PB-24-10-1)
APPROVAL OF FINAL DESTINATION SITE FOR THE HISTORIC FREEMAN STATION
Approve Option B – Ireland House Museum as outlined in Development and
Infrastructure Division Report DI-5-10, dated March 26, 2010, as the final destination
site for the historic Freeman Station; and
Direct the Executive Director of Corporate Strategic Initiatives to issue a Request for
Proposal for the relocation of the station to the location described in Option B and retain
a qualified consulting team for the preparation of a detailed design for the relocation of
the Station including: site plan, landscaping and servicing, foundation design, structure
relocation and placement, and a restoration plan within the approved $1 m budget; and
Authorize the Executive Director of Corporate Strategic Initiatives to apply for site plan
approval and building permits; and
Authorize the Executive Director of Corporate Strategic Initiatives to procure services for
construction of the site works, foundation and relocation of the Freeman Station; and
Authorize the General Manager of Development and Infrastructure to issue a Request for
Proposal for a community type use of the historic Freeman Station and report back by the
end of Q3 2010. (DI-05-10-1)
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
ONE STAFF DIRECTION:
DIRECTION TO REPORT BACK REGARDING REMEDIAL ACTION PLAN (RAP)
FUNDING CONTRIBUTION
Direct the General Manager of Development & Infrastructure to work with the
Hamilton Harbour / Burlington Bay Remedial Action Plan team in regard to their
funding request for $2 Million from the City of Burlington for the remediation of
toxic sediment at Randle Reef and report back by May 30, 2010. (CD-05-10-2)
TEN ITEMS FOR RECEIPT:
Receive and file the following ten items, having been given due consideration by the Community
Development Committee:
Correspondence from John D. Hall, Remedial Action Plan Coordinator, dated March 15,
2010, regarding the Remedial Action Plan for Hamilton Harbour/Burlington Bay. (CD-
05-10-1, March 15, 2010)
Report providing an update on Team Burlington and the Business Summit held in 2009.
(CM-08-10-1, March 3, 2010)
PowerPoint presentation from Leo DeLoyde, General Manager of Development &
Infrastructure, concerning the report providing an update on Team Burlington and
the Business Summit held in 2009. (CM-08-10-2, March 29, 2010)
PowerPoint presentation from John D. Hall, Remedial Action Plan, and Jim
Hudson, Bay Area Restoration Council, regarding the correspondence from John D.
Hall, Remedial Action Plan Coordinator, dated March 15, 2010, regarding the
Remedial Action Plan for Hamilton Harbour/Burlington Bay. (CD-05-10-3, March
15, 2010)
PowerPoint presentation from Kyle Benham, Executive Director, Burlington
Economic Development Corporation, regarding the report recommending receipt of
“Insights and Actions for Burlington Manufacturers” study and direction to
undertake actions to foster continuing growth in Burlington’s manufacturing sector.
(CD-06-10-2, March 17, 2010)
Correspondence from Lynn Roblin, Chair, Halton Food Council, concerning the
report providing an update on the downtown farmers’ market initiative and
recommended course of action to prepare for a market in 2011. (PB-24-10-2, March
4, 2010)
Correspondence from Diane Wales, 1022-695 Regency Court, Burlington,
concerning the report recommending the Burlington Art Centre parking lot as the
final destination site for the historic Freeman Station. (DI-05-10-2, March 29, 2010)
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
Correspondence from Bryce Leggatt, Chair, Burlington Sports Hall of Fame,
concerning the report recommending the Burlington Art Centre parking lot as the
final destination site for the historic Freeman Station. (DI-05-10-3, March 29, 2010)
Delegation materials from Barbara Teatero, Director, Museums of Burlington,
concerning the report recommending the Burlington Art Centre parking lot as the
final destination site for the historic Freeman Station. (DI-05-10-4, March 29, 2010)
Delegation materials from Pat Beaudoin, President, Burlington Art Centre Board of
Directors, concerning the report recommending the Burlington Art Centre parking
lot as the final destination site for the historic Freeman Station. (DI-05-10-5, March
29, 2010)
DELEGATIONS:
Correspondence from John D. Hall, Remedial Action Plan Coordinator, dated March 15, 2010,
regarding the Remedial Action Plan for Hamilton Harbour/Burlington Bay. (CD-05-10)
John D. Hall, Remedial Action Plan, and Jim Hudson, Bay Area Restoration Council,
provided an overview of the progress to date of the Remedial Action Plan. Hall noted
some of the projects currently underway including the Farr Island “fish shoal” design, the
Valley Inn Trail and the Cootes to Escarpment Park System. Hudson highlighted some
of the achievements of the Bay Area Restoration Council and its involvement in various
projects and education programs. Hall requested a funding contribution from the City of
Burlington in the amount of $2 Million to assist with the remediation of toxic sediment at
Randle Reef. Hall advised that the project is in its final stages of detailed design and
environmental assessment and recommended City staff be authorized to participate in
resolving local funding arrangements for the project and report back to Council with a
recommendation for a funding contribution from Burlington. (22-CD)
John Birch, President, LaSalle Park Marina Association, reported that LaSalle Mariana
leads the industry in sustainable initiatives and that environmental problems should not
be ignored. Birch indicated that the containment of toxins at Randle Reef is within the
best interests of all and that he looks forward to the day when the water in Hamilton
Harbour / Burlington Bay will be safe to drink and swim in again. Birch recommended
committee approve the request for funding for the Randle Reef cleanup project. (23-CD)
Report recommending receipt of “Insights and Actions for Burlington Manufacturers” study and
direction to undertake actions to foster continuing growth in Burlington’s manufacturing sector.
(CD-06-10)
Kyle Benham, Executive Director, Burlington Economic Development Corporation
(BEDC), reported on the findings of the Deloitte study on the Burlington manufacturing
industry’s best practices. Benham advised that the manufacturing base in Burlington
continues to be stable and a major contributor to the economy, adding that a number of
local manufacturing companies are providing products or machinery to other companies
throughout the world. Benham added that many of these companies have carved out
niches in the economy and were able to weather the downturn in the economy. Benham
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
commented that Burlington’s manufacturing companies are changing their shift in focus
to the customer and tailoring their products to the end user. Many of the companies are
also global in their scope and work in a culture of collaboration. Benham concluded that
Burlington manufacturing companies will be in a position to capitalize on changes in the
economy, but that there is a need to work with the sector on reimaging itself. Benham
recommended that committee support Burlington’s manufacturing sector and request the
BEDC to report back on actions the City can take to foster the industry’s continued
growth. (24-CD)
Report providing an update on the downtown farmers’ market initiative and recommended
course of action to prepare for a market in 2011. (PB-24-10)
Michelle Bennett and Amy Schnurr, representing BurlingtonGreen, reported that they
support the staff recommendation, adding that it is the objective of BurlingtonGreen to
advocate for local food sources. Schnurr advised that a farmer’s market is the strategic
next step to the intensification of downtown Burlington and will promote a strong, livable
and sustainable Burlington. Schnurr noted that the time is right to introduce the initiative
as food costs increase. Bennett recommended that consideration be given to ensure the
market is open at peak times of the week and that the downtown market be somewhat
elevated in scale and diversity. Bennett indicated that BurlingtonGreen has concerns
with the timelines outlined in the staff report, as there are key milestones and dates to be
met that will pose budget challenges. Bennett requested the report timelines be changed
to coincide with the application deadlines for other funding sources. (25-CD)
Joelle Cooling, 457 Brant Street, Burlington, L7R 2G3, reported she is a business owner
and resident of downtown Burlington and supports a market. Cooling stated that there is
a demand for a market within the downtown as many businesses want to see more
pedestrian traffic. Cooling commented that a market offers the opportunity to showcase
the downtown and added that there are specialty products at markets that downtown
residents would support. (26-CD)
Report recommending the Burlington Art Centre parking lot as the final destination site for the
historic Freeman Station. (DI-05-10)
Dave Morris, President, Burlington Historical Society (BHS), reported that the BHS
supports the placement of the Station in the Burlington Art Centre parking lot, noting the
location to be the most historically correct of any considered due to the proximity to the
former Grand Trunk Railway. Morris advised that the Burlington Art Centre parking lot
location would permit the use of the Station by various community groups and that it
could house various transportation displays. Residents of Burlington support saving the
Station and no consideration should be given to giving it to another community. Morris
recommended committee vote to place the Station on the Burlington Art Centre parking
lot. (27-CD)
Barb Teatero, Director, Museums of Burlington, reported that the Museum Board
continues to support the preservation and placement of the historic Freeman Station in
Burlington. Teatero noted that the Station is an outstanding heritage asset and resource
and there is overwhelming consensus on the importance of keeping the Station in
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
Burlington. Teatero advised that while residents may not have supported the Station’s
relocation to Spencer Smith Park, the majority support finding another home in
Burlington. Teatero concluded that the Museum Board, staff and volunteers support the
staff recommendation to relocate the Station to the south Burlington Art Centre Parking
lot location identified in the report and that the Museums of Burlington would be pleased
to be part of any discussion regarding the adaptive re-use of the building. (28-CD)
Jane Ann Newson, Chair, Heritage Burlington, reported that Heritage Burlington
members support the relocation of the Station to the Burlington Art Centre lands, adding
that the keys to the success of relocation and adaptive re-use of the building will include
visibility/connectivity, physical site constraints and constructability. Newson advised
that the Burlington Art Centre location is the most appropriate location due to the
historical connection to the former Grand Trunk Railway. Newson further noted that the
Station’s relocation to the Art Centre lot would provide a counter balance to the more
modern looking Art Centre facility. Newson concluded that Heritage Burlington is
anxious to see the Station move to its new site. (29-CD)
Brian Klodt, Nelson Avenue, Burlington, reported that his family has lived on Nelson
Avenue for several years and owns the heritage properties that overlook the Burlington
Art Centere. Klodt advised that there are benefits to relocating the Station to the
Burlington Art Centre lands as the surrounding neighbourhood is historical in character
and is a recognized heritage area in Burlington. Klodt stated that Brock Park is currently
underutilized and functions as a pass through to the nearby convenience store. Klodt
noted that the Freeman Station would give more exposure to the park if relocated. Klodt
recommended committee place the Station at the Burlington Art Centre. (30-CD)
Pat Beaudoin, President, Burlington Art Centre Board of Directors, reported that the
Burlington Art Centre Board of Directors was not consulted on the staff report or notified
of its existence. Beaudoin noted that the Board has not been given an opportunity to
provide thoughtful input or to have proper consultation with City staff or experts
regarding the Art Centre’s liabilities if the Station is relocated to its property. Beaudoin
advised that the Art Centre has the responsibility and cost of maintaining the parking lot
on an on-going basis. Beaudoin added that the Board has concerns that having the
Freeman Station on the Art Centre parking lot could change the tone of its campus and
the Art Centre community’s perception of what the Art Centre is about. The Station will
also interfere with significant events at the Art Centre like the annual Art and Craft show.
Beaudoin commented that the Board understands the historical significance of the
Station and recognizes the need to find a solution. Beaudoin concluded that the Board is
prepared to work with City staff to find a mutually agreeable basis for the relocation of
the Station to the Art Centre parking lot if the Board’s conditions are met. (31-CD)
STAFF REMARKS: None.
COMMITTEE REMARKS: None.
ADJOURNMENT: 10:50 p.m.
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
BUDGET & CORPORATE
SERVICES COMMITTEE
REPORT NO. 7-10
RECOMMENDATIONS TO
COUNCIL MEETING OF
APRIL 12, 2010
DATE OF MEETING: Tuesday, March 30, 2010.
PLACE OF MEETING: Council Chambers, Level 2, City Hall,
9:30 a.m. (Public).
MEMBERS PRESENT:
Councillors John Taylor (Chair), Rick
Goldring, Rick Craven, Peter Thoem, Carol
D’Amelio and Mayor Cam Jackson.
STAFF PRESENT:
Roman Martiuk, Joan Ford, Steve Zorbas,
Chris Glenn, Nancy Shea Nicol, Linda Hewitt,
Jennifer Johnson, Doug Richardson, Susan
Burnett, Michelle Dwyer, Frankie Evans,
Wendy Hough, Al Dewar, Lori Jivan, Donna
Kell, Leo DeLoyde, Roy Male, Donna
Shepherd, Allan Magi, Victoria
Miecznikowski, Fleance Houh and Danielle
Pitoscia (clerk).
DECLARATIONS OF INTEREST: None
RECOMMENDATIONS:
FOUR ITEMS FOR CONSIDERATION:
APPROVAL OF THE HALTON COURT SERVICES 2010 BUSINESS PLAN AND BUDGET
Approve the 2010 Halton Court Services budget as presented; and
Hire a full-time Courtroom Monitor in Burlington and a part-time contract Courtroom
Monitor in Milton to meet the increased demands of the courtrooms schedule; and
Make a contribution of $200,000 from the net revenues in 2010 to the Reserve Fund to
finance the Growth Management Plan, and to ensure that requirements of the Reserve
Fund Policy are met; and
Approve $54,000 in capital spending to cover costs for City of Burlington staff support
during the preliminary stages of implementation of the Growth Management Plan.
(L-15-10)
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
APPROVAL OF THE ELECTION ADVANCE, REGULAR AND SPECIAL VOTING
DATES/TIMES/LOCATIONS AND APPROVAL OF INTERNET VOTING FOR ADVANCE
VOTERS
Approve the 2010 Advance Voting dates, times and locations included in Clerks
Department Report CL-06-10, dated March 15, 2010; and
Approve the Regular and Special Voting locations, including hours of voting at Nursing,
Rest and Retirement Homes, for the October 25, 2010 Municipal Election; and
Establish a separate polling location in the area known as the West Beach Maple
community, previously known as Area #106; and
Authorize the City Clerk to present the necessary by-law to council; and
Approve internet voting as an option for electors voting in advance of Burlington’s 2010
municipal election day; and
Authorize the City Clerk to present the appropriate by-law(s) to Council in order to
approve internet voting as an alternative voting method that does not require electors to
attend at a voting place in order to vote in advance of Burlington’s 2010 municipal
election day. (CL-06-10-1)
RECEIPT OF REPORT PROVIDING THE INFRASTRUCTURE STIMULUS AND
RECREATIONAL INFRASTRUCTURE PROJECTS UPDATE
Receive the Corporate Strategic Services report CSI-05-10, dated March 18, 2010
providing a status update on the City of Burlington Infrastructure Stimulus Fund and
Recreation Infrastructure Canada Fund; and
Authorize the use of Delegated Authority, due to program time constraints, to award
contracts required to complete the Infrastructure Stimulus Fund and Recreation
Infrastructure Canada projects identified in Appendix A of Corporate Strategic Services
report CSI-05-10, dated March 18, 2010; and
Direct the Executive Director of Corporate Strategic Initiatives to undertake all necessary
tasks to complete the projects by March 31, 2011 in order to realize the funding from the
Infrastructure Stimulus Fund and Recreation Canada Infrastructure Programs.
(CSI-05-10)
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
APPROVAL OF AWARD OF TENDER FOR THE NELSON ARENA ALTERATION AND
ADDITION
Approve the award of Tender for Contract 10-30, Nelson Arena Alteration and Addition
(“Nelson Arena Project”), submitted by Century Group Inc., 6315 Kestrel Road,
Mississauga, Ontario L5T 1Z4, at a total contract price of $936,623.10 (GST included);
and
Approve the Mayor and City Clerk to sign any related documents; and
Approve the City Clerk to so notify Century Group Inc. by letter under the seal of the
Corporation of the City of Burlington; and
Approve the total project cost of $1,078,500 for the Nelson Arena Project be financed as
detailed in Appendix B of Corporate Strategic Initiatives Report CSI-08-10, dated March
19. 2010; and
Approve the Manager of Purchasing to issue a Purchase Order for the proposed
construction works totalling $936,623.10 (GST included). (CSI-08-10)
TWO STAFF DIRECTIONS:
DIRECTION TO EXPLORE OPTIONS FOR THE BURLINGTON COMMUNITY
FOUNDATION TO ORGANIZE THE 2010 GALA
Direct the General Manager of Corporate Services to meet with the Burlington
Community Foundation to discuss the possibility of organizing all aspects of the
2010 Gala in support of the Burlington Community Foundation and report back
prior to June 2010. (Councillor Craven) (BC-08-10)
DIRECTION TO HOLD A SPRING WORKSHOP REGARDING THE CITY’S PUBLIC
CONSULTATION PROCESS
Direct the Manager of Public Affairs to hold a spring workshop on the City’s public
consultation processes. (Councillor Thoem) (BC-09-10)
FIVE ITEMS FOR RECEIPT:
Receive and file the following five items, having been given due consideration by the Budget and
Corporate Services Committee:
Report providing information on tax write-offs under section 357/358 of the Municipal
Act. (F-18-10, March 4, 2010)
Report providing information on the status of the city’s health and safety program. (HR-
03-10, March 8, 2010)
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
Correspondence from Donna Kell, Manager of Public Affairs, dated March 19, 2010,
regarding proposed content and timing for a workshop on public consultation. (BP-13-09-
2, March 19, 2010)
Report providing information on the final Current Budget Performance. (F-09-10,
December 31, 2009).
Powerpoint presentation from Michelle Dwyer, Election Officer and Kim Phillips,
General Manager of Corporate Services, regarding the report recommending
approval of the election advance, regular and special voting dates, times and
locations and approval of internet voting’s as an option for advance voters in the
2010 Municipal Election. (CL-06-10-2, March 17, 2010)
DELEGATIONS: None.
ADJOURNMENT: 2:20 p.m.
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
AUDIT COMMITTEE
REPORT NO. 3-10
RECOMMENDATIONS TO
COUNCIL MEETING OF
APRIL 12, 2010
DATE OF MEETING: Tuesday, March 30, 2010
PLACE OF MEETING: Council Chambers, Level 2, City Hall at
3:30 p.m. (Public), 3:50 p.m. (Closed), 4:15
p.m. (Public).
MEMBERS PRESENT:
Councillors John Taylor (Chair), Carol
D’Amelio, Peter Thoem, Mr. Neil Bryson, Mr.
Michael Kee, and Mayor Cam Jackson (arrived
3:37 p.m., departed 4:14 p.m.).
STAFF PRESENT:
Roman Martiuk, Sheila Jones, Steve Zorbas,
Joan Ford, Betty Wong, Kim Phillips, Leo
DeLoyde, Roy Male and Deb Caughlin (clerk).
DECLARATIONS OF INTEREST: None.
RECOMMENDATIONS:
THREE ITEMS FOR RECEIPT:
Receive and file the following three items, having been given due consideration by the Audit
Committee:
Report providing an update on the 2009 audit work plan status. (CA-06-10, March 16,
2010)
Report providing a summary of audit results – cash handling – tax counter (City Hall).
(CA-07-10, March 11, 2010)
Confidential memorandum from Sheila Jones, City Auditor, dated February 23, 2010,
regarding the vacation carry over impact and liability. (A-4-10, February 23, 2010)
STAFF DIRECTIONS: None.
ADJOURNMENT: 4:16 p.m.
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
COMMUNITY
SERVICES COMMITTEE REPORT NO. 6-10
RECOMMENDATIONS
TO COUNCIL MEETING
APRIL 12, 2010
DATE OF MEETING: Wednesday, March 31, 2010.
PLACE OF MEETING: Council Chambers, Level 2, City Hall at 6:30
p.m. (Public), 10:45 p.m. (Closed), 10:55 p.m.
(Public).
MEMBERS PRESENT: Councillors Carol D’Amelio (Chair), Rick
Craven, Peter Thoem, John Taylor, Jack
Dennison, Rick Goldring and Mayor Cam
Jackson. (arrived 6:35 p.m.).
STAFF PRESENT:
Roman Martiuk, Scott Stewart, Steve Zorbas, Roy
Male, Cathy Robertson, Rick Lipsitt, Chris Glenn,
Philip Kelly, Tom Eichenbaum, Mark Covert,
Scott Gillner, Brent Stanbury, Allan Magi, Scott
Hamilton, Donna Shepherd, Fleance Hough, Rob
Hagley and Tracey Burrows (clerk).
DECLARATIONS OF INTEREST: None
RECOMMENDATIONS:
SEVEN ITEMS FOR CONSIDERATION:
APPROVAL OF THE KING ROAD/CNR GRADE SEPARATION UPDATE
Approve payment of $124,068.95 (excluding GST) to Hatch Mott MacDonald for additional
work to complete the King Road/CNR Grade Separation Detailed Design and charge to
Capital Account RA0089. (E-31-10)
APPROVAL OF THE INSTALLATION OF NEW PARKING RESTRICTIONS ON KILMER
DRIVE, TOBYN DRIVE AND KRYZAN DRIVE
Amend Schedules 7 and 8 of Parking By-law 87-2007 for the installation of new parking
restrictions as identified in Appendix A of Transit and Traffic Department report TT-08-10,
dated March 3, 2010; and
Submit amended Parking By-law 87-2007 to Council for approval. (TT-08-10)
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
APPROVAL OF THE TRANSPORTATION DEMAND MANAGEMENT PLAN
Forward By-law XX-2010, a by-law to authorize a Letter of Agreement for the receipt of
funding under the Transportation Demand Management Municipal Grant Project between
the City of Burlington and the Ministry of Transportation of Ontario, to the Council meeting
of April 12, 2010 for approval; and
Approve the Letter of Agreement for signing by the Mayor and City Clerk; and
Approve funding for the Green Map project in the amount of $39,902, as detailed in Transit
and Traffic Department report TT-13-10, dated March 10, 2010 be charged to Capital
Account BD0028. (TT-13-10)
APPROVAL TO INSTALL TEMPORARY ART SCULPTURE ALONG THE WATERFRONT
PROMENADE
Approve the installation of a temporary art sculpture along the waterfront promenade for
public exhibition from May 1, 2010 through June 20, 2010. (CC-10-10-2, March 16,
2010)
APPROVAL OF THE NEW BURLINGTON TRANSIT FARE STRUCTURE AND PRESTO
PROJECT UPDATE
Approve the fare structure amendments for Burlington Transit effective May 10, 2010
and Fall 2010 as presented in Appendix A of Transit and Traffic Department report TT-
07-10 dated March 12, 2010, as required for the launch of the PRESTO system in May
2010 and the Fall 2010; and
Amend Schedule A of By-law 97-2008, as amended, being a by-law to regulate transit
under the jurisdiction of the Corporation of the City of Burlington to reflect the fare
structure amendments presented in Appendix A of Transit and Traffic Department report
TT-07-10 dated March 12, 2010; and
Authorize the Director of Transit and Traffic to formalize the free transfer policy with
Oakville Transit and Hamilton Street Railway by signing Transfer Agreements, subject to
review of the City Treasurer and City Solicitor; and
Authorize the Director of Transit and Traffic to sign extensions to the Procurement
Governance Agreement (Agency Agreement) and the Funding Agreement for the
implementation phase of the PRESTO project, subject to final review of the City
Treasurer and City Solicitor; and
Authorize the Director of Transit and Traffic to sign a revised Fare Integration (co-fare)
Agreement with GO Transit relative to the PRESTO fare system, subject to final review
of the City Treasurer and City Solicitor. (TT-07-10)
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
REFERRAL OF THE REPORT REQUESTING APPROVAL TO DEVELOP A CRICKET
FIELD AT LOWVILLE PARK
Refer consideration of the Parks and Recreation Department report PR-18-10, dated
March 19, 2010 regarding the development of a cricket field in partnership with
Burlington United Cricket Club and Halton Stars Cricket Club to the May 12, 2010
Community Services Committee. (PR-18-10)
REFERRAL OF CONFIDENTIAL PARKS AND RECREATION DEPARTMENT
REPORT REGARDING PARKS AND RECREATION DEPARTMENT ROLES AND
RESPONSIBILITIES
Refer consideration of confidential Parks and Recreation report PR-19-10, dated
March 11, 2010, regarding the Parks and Recreation revisions to various roles and
responsibilities to a Special Community Services Committee meeting to be held
prior to the Council meeting of April 12, 2010. (PR-19-10)
FOUR STAFF DIRECTIONS:
DIRECTION REGARDING THE REQUEST FOR TEMPORARY SCHOOL BUS
PARKING IN MUNICIPAL PARKS
Direct the Director of Parks and Recreation to examine the feasibility of allowing
small version school buses to park in municipal parks’ parking lots from September
1 through June 30, Monday through Friday between the hours of 8:30 am to 3:00
p.m. only. (Councillor Dennison) (CC-6-10)
DIRECTION REGARDING THE EMERALD ASH BORER ACTION PLAN
Direct the Director of Roads and Parks Maintenance to take into consideration and
respond to the input from the public and committee received at the Community
Services Committee Meeting of March 31, 2010 regarding Emerald Ash Borer and
report back to Community Services Committee as soon as possible; and
Direct the Director of Roads and Parks Maintenance to prepare an immediate
communication for inclusion in the April edition of City talk, to include notice of the
threat and the range of solutions under consideration by Council; and
Direct the Director of Roads and Parks Maintenance to take the necessary steps to
identify the number of trees in city parks based on their recommended criteria for
inclusion in the treatment program. (Mayor Jackson) (CC-7-10)
DIRECTION REGARDING ESTABLISHING A TWO DAY A WEEK FARMERS
MARKET AT IRELAND HOUSE
Direct the Director of Parks and Recreation to work with the Director of Museums
to examine the feasibility of establishing a 2-day a week farmer’s market at the
Ireland House Museum; and
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
Authorize the Director of Parks and Recreation to include in their evaluation a
process for public consultation with the community; and
Direct the Director of Parks and Recreation to report back to the Community
Services Committee on the findings and resolutions through these processes.
(Councillor Taylor) (CC-8-10)
DIRECTION REGARDING THE INSTALLATION OF A BATTING CAGE IN
IRELAND PARK
Direct the Director of Parks and Recreation to work with Burlington Organized
Minor Baseball Association (BOMBA) and report back to Community Services
Committee in the fall of 2010 on the installation of a batting cage in Ireland Park, in
order to be considered in the 2011 Capital Budget; and
Direct the Director of Parks and Recreation to prepare a report to include the
following, but not limited to, information regarding a Joint Venture Agreement,
setting out full costing, funding commitments and responsibilities for management,
scheduling and replacement reserves; and
Direct the Director of Parks and Recreation to also include in the report how other
municipalities have dealt with requests for batting cages. (Mayor Cam Jackson and
Councillor D’Amelio) (CC-9-10)
TWELVE ITEMS FOR RECEIPT:
THAT the following 12 items, having been given due consideration by the Community and
Corporate Services Committee, be received and filed:
Presentation by Jacqueline Benn-John, Sexual Assault & Violence Intervention Services
regarding the awareness of their campaign. (CC-09-10-1, January 12, 2010)
Power Point presentation from Michelle Bilek and Ruth Parsons, Board members of
Assault & Violence Intervention Services regarding the Support Your Local Rape
Crisis Centre Campaign. (CC-09-10-2, January 12, 2010)
Memorandum from Rob Peachey, Manager Parks & Open Spaces, dated February 19,
2010 regarding the request for school bus parking at Iroquois Park. (CC-06-10,
December 3, 2009)
Correspondence from Margarita Darnel, dated December 3, 2009 regarding the request
for school bus parking at Iroquois Park. (CC-07-10, December 3, 2009)
Memorandum from Pam Mulholland, Community Development Planner, Parks and
Recreation Department dated March 12, 2010 regarding the Burlington Art Centre
Sudbury/Burlington exchange project – temporary art installation. (CC-10-10-1, March
12, 2010)
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
Report presenting the 2009 Heritage Umbrella Group annual report. (CC-11-10, March
15, 2010)
Report on the proposed Fairview-Harvester Road connection through Sherwood
Forest Park. (E-34-10, March 3, 2010)
Report requesting approval of the Emerald Ash Borer action plan. (RPM-03-10-1,
March 12, 2010)
Power Point presentation by Mark Covert, Manager of Program Development, Roads
and Parks Maintenance Department, dated March 31, 2010 regarding the report
requesting approval of the Emerald Ash Borer Plan. (RPM-03-10-2, March 12,
2010)
Delegation material from Joe Meating of BioForest Technologies Inc, dated March
31, 2010 regarding the report requesting approval of the Emerald Ash Borer Plan.
(RPM-03-10-3, March 12, 2010)
Power Point presentation from Joe Meating of BioForest Technologies Inc, dated
March 31, 2010 regarding the report requesting approval of the Emerald Ash Borer
Plan. (RPM-03-10-4, March 12, 2010 )
Delegation material from Lisa Pilgrim dated March 31, 2010 regarding the report
requesting approval of the Emerald Ash Borer Plan. (RPM-03-10-5, March 12,
2010)
Correspondence from Rafik and Sarah Hanna dated March 31, 2010 regarding the
report requesting approval of the Emerald Ash Borer Plan. (RPM-03-10-6, March
12, 2010)
DELEGATIONS:
Memorandum from Rob Peachey, Manager Parks & Open Spaces, dated February 19, 2010
regarding the request for school bus parking at Iroquois Park. (CC-06-10, 2010)
Margarita Darnel, #4-4194 Longmoor Drive, Burlington, appeared to speak to the memo
regarding the parking of a school bus at Iroquois Park. Darnel said that she would like to
park her bus temporarily at the park, Monday through Friday from 8:30 am to 3:00 p.m.
Darnel said that she would like an exemption from the by-law because she has to park on
the road two and half blocks from her home, rather than in the park across the street.
(17-CS)
Report on the proposed Fairview-Harvester Road connection through Sherwood Forest Park. (E-
34-10, March 3, 2010)
Frank Albrecht, 5393 Riverside Dr, Burlington appeared to speak in opposition of the
report on the proposed Fairview-Harvester Road connection through Sherwood Forest
Park and noted that the report was not comprehensive enough and that staff should delve
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
a little deeper and show that the preferred option may be costlier and that the extension of
Fairview St will have an impact on Sherwood Forest Park. Albrecht said that there will be
pedestrian safety concerns and there should be discussions of traffic diversion from the
QEW through Sherwood Forest Park. Albrecht said that the preferred option is to close
the road and Committee should not approve the report. (18-CS)
Correspondence from Ian Ross, Executive Director of the Burlington Arts Centre and George
Wale, Director of Programs of the Burlington Art Centre, requesting approval of the installation
of a temporary art sculpture along the waterfront promenade. (CC-10-10-2, March 16, 2010)
Ian Ross and George Wale, Burlington Art Centre, appeared to speak in support of the
correspondence requesting approval of the installation of a temporary art sculpture along
the waterfront promenade and would like the art sculpture installed from May 1 through
June 20, 2010. Ross indicated that the artist is V. Jane Gordon and that the sculpture has
three elements to it, which include a map, a plaque and a sighting device. Ross also
noted that this art will engage people with the waterfront and will be stimulating for all
people. Ross said the display will be during the Festival of Fine Arts and Crafts and the
Sound of Music, and the location of the sculpture will be west of Spencer’s Landing. (19-
CS)
Report presenting the 2009 Heritage Umbrella Group annual report. (CC-11-10, March 15,
2010)
Barbara Teatero, Director of Museums, Museums Burlington, appeared to speak in
support of the report requesting approval of the 2009 Heritage Umbrella Group (HUG)
annual report and is the Vice Chair of the Heritage Umbrella Group. Teatero noted some
of the highlights from 2009, which included completion of Heritage Month education and
marketing activities and established a Doors Open sub-committee to plan for
Burlington’s host weekend of June 12 and 13, 2010. Teatero said that the HUG members
are very proud of their accomplishments and are looking forward to several 2010 planned
activities including Doors Open and the War of 1812-1814 bi-centennial celebration.
Teatero thanked Jennifer Shaw for all her work and a large thank you to Councillor
Craven for his support and guidance.(20-CS)
Report requesting the approval of the new Burlington Transit Fare Structure and PRESTO
project update. (TT-07-10, March 12, 2010)
Martin Lavictoire, Burlington Transit Advisory Committee (BTAC), appeared to
speak in support of the report requesting the approval of the new Burlington Transit
Fare Structure and PRESTO project update and BTAC encouraged the committee to
get behind the Presto card. Lavictoire noted that the mandate of BTAC is to provide
input to Council and staff on initiatives and strategies affecting public transportation
services and that the Presto Card report is a great opportunity to promote transit in
Burlington. Lavictoire also noted that we need to encourage user groups and educate
them on the Presto Card as well as promote sustainable transportation. Lavictoire said
that he does not see enough advertising for the May 10 launch, but supports the report
and the program.(21-CS)
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
Report requesting approval of the Emerald Ash Borer action plan. (RPM-03-10, March 12,
2010, Item 13)
Lisa Pilgrim, 488 Woodland Ave., Burlington, appeared to speak in opposition of the
report requesting approval of the Emerald Ash Borer action plan and noted that the ash
tree is facing extinction, but there are many ash trees around the city, including the
Central Library. Pilgrim said that she has witnessed the devastation of ash trees and
provided pictures of ash trees being taken down. Pilgrim said that there are ways to
successfully treat ash trees with pesticides, such as TreeAzin and it would be less
expensive to treat the trees than remove them.(22-CS)
Marianne Meed Ward, 497 Martha St., Burlington appeared to speak in opposition to the
report requesting approval of the Emerald Ash Borer action plan and hopes the report is
re-evaluated with a less defeatist attitude. Meed Ward said that it is cheaper to treat the
tree rather than remove the tree and the savings would be rather significant. Meed Ward
noted that the downtown area residents were not notified of the action plan and there
needs to be better communication with the residents, as the residents need to be part of
the solution. Meed Ward said that there should be more active civic engagement and to
engage local green groups including Burlington Green. Meed Ward said that she is also
speaking for Burlington Green as they were not able to attend. Meed Ward said that
Burlington Green is supportive of TreeAzine and that we need to be pre-emptive to this
disease. Meed Ward also said that Burlington Green feels that the trees can be saved for a
fraction of what it would cost to remove them. (23-CS)
Joe Meating, BioForest Technologies Inc., appeared to speak regarding the report
requesting approval of the Emerald Ash Borer Plan and noted that the Emerald Ash Borer
kills ash trees and that there are two options for dealing with the disease; to remove the
trees or provide a treatment to protect them from the disease. Meating said that TreeAzin
is extremely safe, is injected into the tree and is given in two doses, a preventative does
costing $42.00 and a remedial dose costing $105.00. Meating said that Toronto was one
of the first to start treating the trees and that because of the treatment the galleries were
significantly smaller. (24-CS)
Ross Wilson, 2254 Sussex Court, Burlington, appeared to speak in opposition to the
report requesting approval of the Emerald Ash Borer Plan, stating he had not heard of the
plan before. In the area in which he lives there are 30 year old street trees, 90% of which
are ash, and that his area is not up for treatment. Wilson noted that a significant number
of trees could be preserved over time with a more aggressive treatment and would like
staff to reconsider their report and consider a more aggressive treatment plan. (25-CS)
Peter Williams, 5369 Wellington 27, Rockwood appeared to speak in opposition to the
report requesting approval of the Emerald Ash Borer Plan and advised that he is a
professional forester and has worked in a lot of municipalities. Williams said that the
important thing is an adaptive management strategy and that a good work plan should
include whole communities including the rural areas in addition to better communications
with residents. Williams noted that there are huge benefits to trees including more shade
and more shelter. Williams said that there is a range of those who are doing nothing about
the disease and those that are being very aggressive. (26-CS)
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
STAFF REMARKS:
Scott Stewart, General Manager of Community Services, thanked Committee Clerk
Tracey Burrows for her work over the past year as this was her last meeting before
returning to the Planning and Building Department.
COMMITTEE REMARKS: None
ADJOURNMENT: 11.00 p.m.
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
MOTION TO ADOPT STANDING COMMITTEE MINUTES:
THAT the following reports:
Community Development Committee Report No. 4-10
Meeting of March 29, 2010. As amended/presented
Budget & Corporate Services Committee Report No. 7-10
Meeting of March 30, 2010. As amended/presented
Audit Committee Report No. 3-10
Meeting of March 30, 2010. As amended/presented
Community Services Committee Report No. 6-10
Meeting of March 31, 2010. As amended/presented
be hereby adopted.
MOTIONS ARISING FROM THE SPECIAL COMMUNITY SERVICES COMMITTEE
MEETING OF APRIL 12, 2010:
REPORTS OF MUNICIPAL OFFICERS:
Confidential Human Resources Department report concerning a recruitment matter
(HR-6-10, April 6, 2010).
File: 315
Limited distribution under separate cover.
Report providing supplemental information on the Emerald Ash Borer action plan.
(RPM-5-10, April 9, 2010).
File: 820-01
Distribution under separate cover on April 9, 2010.
MOTION OF WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN:
Report regarding the Business Licensing Hearing in the matter of The Rude Native Bistro
Lounge and recommending revised license restrictions. (CD-07-10)
Pages 32-39
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
MOTION TO RECEIVE AND FILE COUNCIL INFORMATION PACKAGES:
THAT the following Information Packages, having been prepared and distributed to Council,
be received and filed:
March 19 and April 1, 2010.
MOTION TO RECEIVE AND FILE ITEMS RECEIVED BY COUNCIL:
THAT the following items, having been considered by Council, be received and filed:
Delegation items
CONSIDERATION OF BY-LAWS:
Council makes decisions by enacting by-laws. I will now read a motion to approve a number of
by-laws, referring to the numbers of the by-laws. If viewers are interested in further detail about
the specifics of any by-law, each one is listed in the meeting agenda. By-laws that are not
published within the Council agenda are available for review in the City Clerk’s Office.
THAT the following by-laws be now introduced, entitled and numbered as indicated below,
enacted and passed:
By-law No. Title
25-2010 A by-law to amend Schedule A of Transit By-law 97-2008 to reflect the fare
structure amendments for the launch of the PRESTO system.
Files: 770-01,770-11 (TT-7-10)
26-2010 A by-law to amend Parking By-law 87-2007, as amended, to permit No Stopping
Anytime and No Parking Anytime parking restrictions on Kilmer Drive, Tobyn
Drive and Kryzan Drive, Ward 4.
File: 110-04-01-U (TT-8-10)
27-2010
A by-law to authorize the execution of an agreement related to a Transportation
Demand Management Grant Program.
File: 135-01 (TT-13-10)
28-2010 A by-law to establish a reserve fund for the accumulation of funds for the purpose
of a municipal contribution to the Joseph Brant Memorial Hospital Phase 1
redevelopment.
File:
2020.284 A by-law to amend Zoning By-law 2020, as amended, , to remove the “H” holding
provision to permit a 4 storey, 90 unit retirement home at 2168 and 2174 Ghent
Avenue, 1703858 Ontario Ltd., Ward 2.
File: 520-01-10 (DA-18-10, PB-30-10)
REGULAR MEETING OF COUNCIL NO. 6-10 APRIL 12, 2010
2020.285 A by-law to amend Zoning By-law 2020, as amended, to permit a retirement home
at 392 and 398 Pearl Street, Reichmann Seniors Housing , Ward 2.
File: 520-08-08 (PB-21-09)
CONFIRMATION BY-LAW:
THAT By-law Number 29-2010, being a by-law to confirm the proceedings of Council at its
meeting held Monday, April 12, 2010, be read a first, second and third time and be enacted and
passed.
STATEMENTS BY MEMBERS (non-debatable):
ADJOURNMENT:
THAT this Council do now adjourn to meet again at the call of the Mayor.
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