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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


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


See pages 18-21

Audit Committee Report No. 3-10


See page 22

Community Services Committee Report No. 6-10


See pages 23-30


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


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)


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)


Correspondence from Bryce Leggatt, Chair, Burlington Sports Hall of Fame,



Delegation materials from Barbara Teatero, Director, Museums of Burlington,



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


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


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.


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)


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)


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)


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.



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.



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)


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)


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


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)


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


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)


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)


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.


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


Audit Committee Report No. 3-10


Community Services Committee Report No. 6-10


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


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)


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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