CITY OF BURLINGTON Morris, Heritage Burlington, advised that Heritage Burlington is in support of...

CITY OF BURLINGTON

REGULAR MEETING OF COUNCIL NO. 20-09

MINUTES

DATE OF MEETING: Monday, December 14, 2009.

PLACE OF MEETING: Council Chambers, Level 2, City Hall at 7:00 p.m.

MEMBERS PRESENT: Mayor Cam Jackson and Councillors Rick Craven, Peter Thoem, John Taylor, Jack

Dennison, Rick Goldring and Carol

D’Amelio.

MEMBERS ABSENT: None.

STAFF PRESENT: Roman Martiuk, Suzanne Whitehead and

Jo-Anne Rudy.

PROCLAMATIONS: None.

MOTION TO CONFIRM COUNCIL MEETING MINUTES:

145. Moved by: Councillor Dennison Seconded by: Councillor Goldring

THAT the minutes of the following meeting of Council be hereby confirmed:

Regular meeting of Council No. 18-09 held Monday, November 30, 2009.

MOTION CARRIED

DECLARATIONS OF INTEREST:

Councillor Dennison declared an interest in the following items:

Parks and Recreation Department Report PR-54-09, dated November 19, 2009, regarding

approval of 2010 Parks and Recreation Department rates and fees increase relating to March Break and other day camps and school programs and Parks and Recreation

Department report PR-57-09-1, dated October 15, 2009, requesting approval of the Parks,

Recreation and Cultural Assets Master Plan, as it relates to YMCA and tennis court issues, as he and his children own Cedar Springs Health, Racquet and Sports club, which

provides recreational programs and services.

Item PB-80-09 listed under Reports of Municipal Officers, recommending refusal of

owner’s request to repeal the by-law designating the property at 1435 Caroline Street, as he is the owner of a designated heritage property in Burlington.

REGULAR MEETING OF COUNCIL NO. 20-09 DECEMBER 14, 2009 PAGE 2

Councillor Goldring declared an interest in the following items:

Engineering Department Report E- 65-09-1 and -2, dated November 18, 2009, requesting approval of tender award for Roseland Creek flood control, as he has a business

relationship with Belor Construction Ltd.

Parks and Recreation Department Report PR-72-09, dated November 20, 2009,

requesting approval to permit Community Living Burlington space at the Paletta Lakefront Gatehouse, as his wife has rented the Paletta Lakefront Park Gatehouse in the

past.

DELEGATIONS:

Approval of owner’s request to repeal the by-law designating the property at 1435 Caroline

Street

Jane Ann Newson, Chair, Heritage Burlington, indicated that the members of Heritage

Burlington do not support the recommendation and requested that the designation be

maintained on this property. Newson stated that this is an historical precedent setting decision for our city and noted that the removal of the designation of this property is not

in the best interest of heritage in Burlington.

Jeff Sutcliffe, owner of 1435 Caroline Street, Burlington, advised that he was in full

cooperation when his property was designated in 1993 but stated that he is in disagreement with the changes to the Ontario Heritage Act which makes the designation

process less cooperative and imposed on properties that have come under threat.

Sutcliffe indicated that he has no plans to demolish or change the property and is a strong supporter of preserving heritage buildings, but respects the rights of property owners.

Historic Freeman Station Relocation Project

Dave Morris, Heritage Burlington, advised that Heritage Burlington is in support of the Freeman station being located in the preferred site and noted the importance of

determining a location in order to take advantage of the senior government stimulus funding. Morris provided a brief history of the station and added that the station is a

“jewel” in the City’s historical “crown”. Morris stated that Heritage Burlington is in

agreement with participating in a workshop in early 2010 to review options and other possible sites.

Approval of process for General Brock Surplus Lands

Albert Faccenda, Hamilton-Halton Home Builders Association, advised that he is a local

developer and noted that the true cost to taxpayers and business’ in Burlington would be

astronomical if kept as a park in its entirety. Faccenda stated that he was shocked that no

economic impact study was completed for the site and suggested that if part of the site was developed, the City would benefit greatly both through tax revenues and job

creation. Faccenda requested Council to use discretion in this important decision.


Connor Fraser, 643 Sandcherry Drive, Burlington, L7T 4L9, advised that he supports the recommendation and is pleased that the City is preserving this beautiful park for citizens

to enjoy. Fraser applauded Council for their foresight in protecting this land as there is a

huge demand for development as the population increases. Fraser thanked Council and added that this is a wonderful holiday gift for the citizens of Burlington.

Approval of the May 2010 Official Delegation to Apeldoorn

Charles Minken, Chair, Mundialization Committee, provided a brief history of the Burlington-Apeldoorn twinning relationship and accomplishments to date. Minken stated

that the Burlington-Apeldoorn twinning relationship is on a fast track due to many

common interests including issues of sustainable growth and growing interest amongst citizens of all age groups. Minken requested that the City continue to invest in this

important relationship.

CONSIDERATION OF RECOMMENDATIONS FROM STANDING COMMITTEES

Special Community & Corporate Services Committee Meetings of December 7 and 10,

2009

APPROVAL OF TENDER AWARD FOR ROSELAND CREEK FLOOD CONTROL

THAT the tender for Contract 09-34, Roseland Creek Flood Control Wall at 3131 New

Street, submitted by Belor Construction Ltd., 6625 Kitimat Road, Unit 46, Mississauga, ON L5N 6J1, be accepted at a total price of $1,342,111.58 (GST included); and

THAT the City Clerk be authorized and directed to so notify Belor Construction Ltd. by letter under the seal of the Corporation of the City of Burlington; and

THAT the total cost of $1,490,000 be charged to the Capital Order SD0074, with total funding in the amount of $1,490,000 to be financed in accordance with Section 5 of

Engineering Department report E-65-09, dated November 18, 2009, and as outlined in

Appendix B; and

THAT the City Clerk be directed to prepare the debenture by-law; and

THAT the Director of Engineering be directed to re-budget for the unfunded part of the

Roseland Creek Stormwater Management Facility north of QEW in the 2010 Capital Budget

and Forecast. (E-65-09-1)

APPROVAL OF ADDITIONAL RESIDENTIAL DRAINAGE ASSESSMENT (RDA) PILOT

PROGRAM AREAS

THAT the four areas identified in Appendix A of Engineering Department Report E-60-

09, dated November 18, 2009 be selected as additional RDA Pilot Program areas for Phase 1 Engineering Assessment Studies. (E-60-09)


APPROVAL OF THE LASALLE PARK MARINA ASSOCIATION AND THE

BURLINGTON SAILING AND BOATING CLUB JOINT VENTURE AGREEMENTS

THAT the Mayor and City Clerk be authorized to sign the revised joint venture

agreement with the LaSalle Park Marina Association that has been held in escrow

pending final approval by Council; and

THAT the Mayor and City Clerk be authorized to extend the term of the agreement with

the LaSalle Park Marina Association to April 30, 2010 as the City of Burlington’s lease with the Hamilton Port Authority for the use of the LaSalle Park pier and waterlots

expires April 30, 2010; and

THAT the City of Burlington extend the charitable donations program to April 30, 2010

as requested by the LaSalle Park Marina Association; and

THAT the Mayor and City Clerk be authorized to sign the revised joint venture

agreement with the Burlington Sailing and Boating Club prepared to the satisfaction of

the City Solicitor and Director of Parks and Recreation to manage sailing programs and operate the clubhouse and compound area at the LaSalle Park Marina. (PR-76-09)

APPROVAL TO PERMIT COMMUNITY LIVING BURLINGTON SPACE AT THE PALETTA LAKEFRONT PARK GATEHOUSE

THAT the proposed permitting of space to Community Living Burlington as outlined in Parks and Recreation Department report PR 72-09, dated November 20, 2009, for the

Paletta Lakefront Park Gatehouse, be approved. (PR-72-09)

APPROVAL TO AWARD ROADWAY WINTER CONTROL CONTRACTS

THAT an eight year contract, with two possible one year extensions, with MSO

Construction Limited, 175 Bethridge Road, Etobicoke, ON, based on its response to

Request for Tenders TEN-09-11 for the supply and operation of nine roadway “plowing” units, be approved; and

THAT an eight year contract, with two possible one year extensions, with MSO Construction Limited, 175 Bethridge Road, Etobicoke, ON, based on its response to

Request for Tenders TEN-09-12 for the supply and operation of ten roadway plowing,

sanding and salting “combination” units, be approved; and

THAT the Director of Roads & Parks Maintenance be directed to submit 2010 and 2011 Current Budget proposals that accommodate the roadway winter control contracts

awarded through Roads and Parks Maintenance Department report RPM-13-09, dated

November 20, 2009; and

THAT the Manger of Purchasing be authorized to execute contracts and issue Purchase Orders immediately to the successful vendor outlined in Roads and Parks Maintenance

Department report RPM13/09, dated November 20, 2009, in advance of 2010 Current

Budget approval. (RPM-13-09-1)


APPROVAL OF THE 2010 PARKS AND RECREATION RATES AND FEES INCREASE

THAT the 2010 rates and fees, outlined in the Parks & Recreation Department report PR-54-09, dated November 19, 2009, be approved with the exception of the rates and fees for

the Tyandaga Golf Course, and become effective on the dates outlined in Appendix B.

(PR-54-09)

APPROVAL OF THE MAY 2010 OFFICIAL DELEGATION TO APELDOORN

Approve an official delegation, to celebrate Burlington’s 5

th anniversary of twinning with

Apeldoorn, the Netherlands in May 2010, composed of Mayor Jackson, Councillor Peter

Thoem, Roman Martiuk, City Manager, the President of the Royal Canadian Legion, Burlington Branch 60, the Chair of the Burlington Mundialization Committee, and the

Chair of the Apeldoorn sub-committee. (CL-19-09)

APPROVAL OF THE WASTE REDUCTION STRATEGY

Approve the waste reduction strategy, “Toward Zero Waste”, as outlined in Corporate Strategic Initiatives Department report CSI-12-09-1, dated November 9, 2009, subject to

2010 current budget approval for a full time waste coordinator, and funding to support

improved indoor recycling and expanded recycling in city parks. (CSI-12-09-1)

APPROVAL FOR THE PURCHASE OF ENGINES FOR TRANSIT VEHICLES

THAT the Director of Transit & Traffic and the Manager of Purchasing Services be

authorized to issue a Purchase Order in the amount of $226,000 (including GST and PST) to New Flyer Industries Canada ULC, 711 Kernaghan Avenue, Winnipeg, Manitoba R3C

4T2, for the purchase of eight 2009 Cummins ISL-07 diesel engines as specified in the

2008 Request for Proposal, OSS-076914, facilitated by Metrolinx; and

THAT the purchase of the eight diesel engines, for eight replacement 40-foot

conventional transit vehicles be approved prior to the approval of the proposed 2010 Capital Budget and 2011-2019 Forecast; and

THAT the engine purchase be charged to capital project VE-VR-399 with funding provided by the Ontario Bus Replacement Program (OBRP), the Provincial Gas Tax

Replacement Fund (PGTRF) and the Federal Gas Tax Replacement Fund (FEDGASTX).

(TT-52-09)

APPROVAL TO NOT CHANGE THE ROUTE DESIGN FOR ROUTE 10

THAT the current route design for Route 10 New Street-Maple Avenue remain

unchanged. (TT-53-09-1)


APPROVAL TO RETAIN PROFESSIONAL DESIGN CONSULTING SERVICES FOR THE

NEW CITY PARK PHASE 1

THAT Request for Proposal 09-46 (RFP-09-46) submitted by Proponent A to provide

professional design consulting services for New City Park Phase 1 be accepted; and

THAT the Purchasing Manager be authorized to issue a purchase order or enter into an

agreement with the proponent, subject to the satisfaction of the City Solicitor; and

THAT the fees, as outlined in Confidential Appendix B of Parks and Recreation

Department report PR-71-09, dated November 18, 2009, be charged to Capital Order

PD0169. (PR-71-09-1)

APPROVAL TO PROCEED WITH REQUESTS FOR PROPOSAL (RFP) FOR TYANDAGA

MUNICIPAL GOLF COURSE

THAT the proposals submitted to the City of Burlington in response to Request for

Expression of Interest REI # 09-04 for Leasing Options for Tyandaga Municipal Golf Course, be received and filed; and

THAT the Manager of Purchasing Services be authorized to proceed with Stage 2 -

Request for Proposal (“RFP”) for Leasing Options for the entire Tyandaga Municipal Golf Course management and operations; and

THAT the retention of external consulting services with expertise in golf and contract management to assist the City in reviewing and evaluating the RFP submissions, be

approved; and

THAT the Director of Parks & Recreation report back to Council within the second

quarter of 2010 on the outcomes of the RFP for Leasing Options for the entire Tyandaga Municipal Golf Course management and operations. (PR-63-09-1)

The following amendment was moved by Councillor Dennison and seconded by Councillor Goldring:

THAT PR-64-09 of the Special Community & Corporate Services Committee meeting No.

21-09, be amended by deleting the third paragraph in its entirety.

AMENDMENT CARRIED

APPROVAL OF THE TENDER AWARD FOR THE CONSTRUCTION OF A PRACTICE

/LEARNING ACADEMY AT TYANDAGA MUNICIPAL GOLF COURSE

THAT the tender for Contract 09-40, Tyandaga Municipal Golf Course – Practice

Facility/Learning Academy, submitted by Gateman-Milloy Inc., 270 Shoemaker Street, Kitchener, Ontario, N3E 3E1; be cancelled by Council at a gross cost of $320,136.23

(includes GST); and

THAT the City Clerk be authorized and directed to so notify Gateman-Milloy Inc. of the

cancellation of the tender award. (PR-64-09)


A Recorded Vote was requested by Councillor Dennison, resulting in the following:

IN FAVOUR: Mayor Jackson, Councillors Thoem, Taylor, Dennison and Goldring

OPPOSED: Councillors Craven and D’Amelio

(5 in favour, 2 opposed)

RECOMMENDATION APPROVED AS AMENDED

REFERRAL OF THE TYANDAGA GOLF COURSE 2010 BUSINESS OPERATING MODEL AND PRICING STRUCTURE

THAT consideration of Parks & Recreation Department report PR-38-09, dated November 25, 2009, be referred to the January 20, 2010 meeting of the Community &

Corporate Services Committee.

The following amendment was moved by Councillor Taylor and seconded by Councillor Thoem:

THAT Item HR-08-09 of the Special Community & Corporate Services Committee

Meeting No. 21-09, be amended by removing the recommendation for information only and

replacing it with the following:

“THAT notwithstanding By-law 129-2006, a by-law to set the remuneration to be

paid to the Mayor and Members of Council, that staff be directed to defer the

economic adjustment until December 1, 2010.”

AMENDMENT CARRIED

DEFERRAL OF MAYOR AND COUNCIL ECONOMIC ADJUSTMENT

THAT notwithstanding By-law 129-2006, a by-law to set the remuneration to be

paid to the Mayor and Members of Council, that staff be directed to defer the

economic adjustment until December 1, 2010.

Note: This item was received and filed at the Special Community & Corporate Services

Committee Meetings of December 7 and 10, 2009 and reintroduced at Council.

NINE ITEMS FOR RECEIPT:

THAT the following ten items, having been given due consideration by the Community and

Corporate Services Committee, be received and filed:

Confidential Appendix C to Engineering Department requesting approval of tender

award for Roseland Creek flood control. (E-65-09-2, November 18, 2009)


Confidential memorandum from Sandra Neil, Supervisor, Marketing & Events, Parks and

Recreation Department, regarding the Vancouver 2010 Olympic Torch Relay. (CC-50-09, November 24, 2009)

Confidential Appendix B to Parks and Recreation Department report requesting approval to retain professional design consulting services. (PR-71-09-2, November 18, 2009)

Confidential Appendix A and B to Roads and Parks Maintenance Department report requesting approval to award roadway winter control contracts. (RPM-13-09-2,

November 20, 2009)

Confidential Appendix A to Parks and Recreation Department report providing an update on the results of the leasing options for Tyandaga Municipal Golf Course. (PR-63-09-2,

November 24, 2009)

Confidential Appendix B to Parks and Recreation Department report providing an update

on the results of the leasing options for Tyandaga Municipal Golf Course. (PR-63-09-3, November 24, 2009)

Correspondence from Barbara Frensch, a BurlingtonGreen volunteer regarding the report requesting approval of the waste reduction strategy. (CSI-12-09-2, December 7, 2009)

Delegation material from Guy Shepherd, Chair, Burlington Sustainable Development Committee, regarding the report requesting approval of the waste reduction strategy.

(CSI-12-09-3, December 7, 2009)

Correspondence from Paul Sharman, Burlington, regarding the report providing the Route 10 New-Maple route design evaluations and recommendation. (TT-53-09-2,

December 4, 2009)

Community Development Committee Meeting of December 7, 2009

ENDORSEMENT OF PROPOSED WORKPLAN FOR THE DOWNTOWN FOR THE FIVE

YEAR PERIOD BEGINNING IN 2010.

THAT Development & Infrastructure report DI-20-09-1, dated November 19, 2009

which deals with work planning for downtown initiatives be used as a basis for

considering future budget requests as amended, as outlined below:

In Appendix “A” Urban Design, Public Amenities and Infrastructure, amend the

reference to the Burlington Performing Arts Centre as follows:


Action Responsibility Budgeting Department

Budget Status BUDGET YEAR

Develop a cost

effective animation

program including programming for civic

spaces including civic

square and the Performing Arts

Centre in partnership

with stakeholders.

Downtown

Coordinator

Parks and Recreation

BDBA

NA In house staff

resources only

2010

In Appendix “A” Urban Design, Public Amenities and Infrastructure, add the following:



Investigate the costs, benefits and feasibility

of establishing a

temporary or seasonal pedestrian mall in the

downtown

Downtown Coordinator

Development and

infrastructure

In house staff resources only

2010

In Appendix “A” Downtown Waterfront Linkages, add the following:

Action Responsibility Budgeting

Department

Budget Status BUDGET

YEAR

Undertake a staff

review of programming for Discovery Landing.

Parks and

Recreation (Waterfront)

Parks and

Recreation

None Required 2009-2010

In Appendix “A” Strategic Lands, add the following:



Identify and recommend a site for

the RPM downtown

waterfront maintenance facility.

RPM Manager of

Realty Service

CSI

RPM Land purchase unbudgeted at

this time.

Facility partially

funded.

(dependent on site)

2012


Implement the recommendations of

the Fire Master Plan

with respect to a potential fire station in

the downtown.

Fire Department

Manager of

Realty Services

Fire Department

$1.2 M 2012

In Appendix “A” Cultural Opportunities, amend the reference to the Performing Arts

Centre as follows:

Action Responsibility Budgeting

Department

Budget Status BUDGET

YEAR

Complete construction

of the Performing Arts Centre and civic space

and transition to

operations phase.

CSI

Parks and Recreation

Parks and

Recreation

Approved 2009-2010

; and

THAT the Downtown Coordinator continue to report annually to Council on the progress

and status of these initiatives through the State of the Downtown report. (DI-20-09-1)

APPROVAL OF CITY-INITIATED APPLICATION TO AMEND ZONING BY-LAW 2020

AND PROPOSED DRIVEWAY BY-LAW

THAT By-law 2020.279, a City initiated zoning by-law amendment pursuant to Section

34 of the Planning Act, regulating the widths of driveways, walkways, and landscape open space area in front yards of low and medium density residential development,

attached as Appendix A to Planning & Building Department report PB-87-09, dated

November 9, 9009, be enacted; and

THAT the by-law pursuant to Section 130 of the Municipal Act regulating the expansion

of driveways, attached as Appendix B to Planning & Building Department report PB-87-09, dated November 9, 9002, be approved but not enacted; and

THAT Director of Engineering be directed to finalize the implementation process for the by-law regulating the expansion of driveways, attached as Appendix B to Planning &

Building Department report PB-87-09, dated November 9, 2009, and present the by-law

to Council for enactment. (PB-87-09)

APPROVAL OF AMENDMENTS TO THE SITE PLAN BY-LAW AND APPROVAL OF

THE SITE PLAN REQUIREMENTS AND URBAN DESIGN GUIDELINE MANUAL

THAT the by-law dealing with site plan approval for new detached and semi-detached

dwellings, including additions greater than 75m2, in the R1, R2, R3, R4, and DRL zones

of By-law 2020, as amended, and in the specified areas in the North Aldershot Planning


Area, as referenced in Schedules D-C1 to D-C11 inclusive of the Burlington Official

Plan, attached as Appendix A to Planning & Building Department report PB-89-09, dated

November 12, 2009, be enacted; and

THAT the Site Plan Requirements and Urban Design Guideline Manual for Low Density

Residential Zones and North Aldershot, attached as Appendix B to Planning & Building Department report PB-89-09, dated November 12, 2009, be approved. (PB-89-09)

APPROVAL OF DIRECTIONS RESPECTING AN ENVIRONMENTAL MATTER

THAT the City Solicitor and others be authorized to proceed in accordance with the

recommendation contained in confidential Legal Department report L-66-09, dated November 25, 2009 and more particularly outlined in the conclusion section of the report.

(L-66-09)

TWO ITEMS FOR RECEIPT:

THAT the following two items, having been given due consideration by the Community Development Committee, be received and filed:

Correspondence from BurlingtonGreen concerning the report providing a proposed workplan for the downtown for the five year period beginning in 2010. (DI-20-09-2,

November 19, 2009)

Planning & Building Department report providing an update on the Autopark KIA site plan application. (PB-92-09, November 23, 2009)

Budget & Strategic Planning Committee Meeting of December 8, 2009

AUTHORIZATION REGARDING SMALL CLAIMS COURT

THAT the City Solicitor be authorized to commence, defend, and/or settle legal

proceedings, deemed necessary by the City Solicitor, for claims up to the Small Claims Court limit of $25,000 without specific Council instructions provided it is reported out on

the next available Quarterly Litigation report. (L-65-09)

APPROVAL OF A MUNICIPAL CONTRIBUTION TO JOSEPH BRANT MEMORIAL

HOSPITAL

Authorize the City Clerk to send correspondence about a municipal contribution toward

the redevelopment of the Joseph Brant Memorial Hospital, as outlined in Corporate

Services Department report CORPSERV-04-09, dated November 30, 2009 and discussed

at the Budget and Strategic Planning Committee Meeting on December 8, 2009:

WHEREAS the Council of the City of Burlington recognizes the essential role of Joseph Brant Memorial Hospital as a key partner in sustaining a healthy city in the city’s 2007-

2010 strategic plan Future Focus Seven (Responsive Community section 2.2.B); and


WHEREAS the municipality of Burlington has relied on only one local hospital, Joseph

Brant, since 1951 to serve its urban and rural residents; and

WHEREAS Burlington residents have expressed their support of the hospital in the city’s

2008 Quality of Services survey and the November 2009 telephone survey conducted by

Ipsos Reid; and

WHEREAS the Ministry of Health and Long Term Care for the province of Ontario

requires a community contribution toward the capital costs of any major hospital expansion; and

WHEREAS there may be opportunities for the City of Burlington to financially contribute to the JBMH redevelopment through a range of options; and

WHEREAS council would like to investigate these options in whole or in part before determining in 2010 how to finance a municipal contribution toward the JBMH,

NOW THEREFORE, BE IT RESOLVED THAT:

1. The City Clerk be authorized to send a letter of support for the Joseph Brant

Memorial Hospital phase 1 redevelopment, as outlined in the hospital’s October 27, 2009 presentation, to the Joseph Brant Memorial Hospital, with copies to

Burlington’s MPPs and regional council, on behalf of the council of the City of

Burlington.

2. The City of Burlington commits to a cash or in kind contribution of not more than $60 M toward the Joseph Brant Memorial Hospital phase 1 redevelopment project,

the terms and conditions of that funding to be outlined in a contribution agreement

and memorandum of understanding between the two parties at such time as the Province of Ontario announces its approval and funding of the project.

3. The City of Burlington’s financial contribution be contingent on the JBMH staff and/or JBMH Board of Governors undertaking an enhanced communication and

citizen engagement plan so that Burlington residents are aware of the hospital

redevelopment plan, timing and impact, and have regular opportunities to discuss the hospital’s services, priorities and community needs.; and

Authorize the City Clerk to send a copy of the correspondence noted above and the results of the 2009 Ipsos Reid telephone survey to Burlington’s MPPs and local board

chairs; and

Authorize the Acting City Treasurer to present a by-law to council following approval of

the 2010 budget regarding establishing a Joseph Brant Memorial Hospital Reserve Fund;

and Direct the Executive Director of Corporate Strategic Initiatives to incorporate the

municipality’s intentions regarding Joseph Brant Memorial Hospital in the next strategic

planning process. (CORPSERV-05-09-1)


APPROVAL TO PROCEED WITH CAPITAL PROJECT CLOSURES

THAT Finance Department report F-54-09, dated November 1, 2009, providing information on capital project closures and associated variances, be received; and

THAT the City Treasurer be directed to proceed with the closure of the 97 capital projects identified as being complete in Finance Department report F-54-09, dated

November 1, 2009. (F-54-09)

APPROVAL OF INTERNET VOTING AS POSSIBLE OPTION FOR 2010 MUNICIPAL

ELECTION, ADVANCED VOTING

Approve internet voting as a possible option for electors in advance of Burlington’s 2010

municipal election day; and

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 and to establish advance voting dates and hours for advance voting. (CORPSERV-04-09)

The following amendment was moved by Councillor Craven and seconded by Councillor D’Amelio:

THAT Item DI-21-09 of the Budget & Strategic Planning Committee Meeting No. 9-09, be

amended by the following:

“THAT the General Manager of Development & Infrastructure be directed to host

a council/public workshop in January 2010 with a view toward finalizing a new

location for the Freeman Station; and

THAT staff be directed to look at alternative sites for the Freeman Station building

including but not limited to:

Maple Community Park

Central Park; and

THAT staff report back to Council in February 2010 with a proposed process to

engage members of the public in final site selection and determination of a use for

the building.”

AMENDMENT CARRIED

DIRECTION TO HOST A WORKSHOP TO FINALIZE A NEW LOCATION FOR THE

FREEMAN STATION

THAT the General Manager of Development & Infrastructure be directed to host a

council/public workshop in January 2010 with a view toward finalizing a new

location for the Freeman Station; and


THAT staff be directed to look at alternative sites for the Freeman Station building

including but not limited to:

Maple Community Park

Central Park; and

THAT staff report back to Council in February 2010 with a proposed process to

engage members of the public in final site selection and determination of a use for

the building. (DI-21-09)

Note: This item was received and filed at the Budget & Strategic Planning Committee Meeting

of December 8, 2009 and reintroduced at Council.

TEN ITEMS FOR RECEIPT:

THAT the following eleven items, having been given due consideration by the Budget and Strategic Planning Committee, be received and filed:

Presentation from Nick Chancellor, Research Manager, Ipsos Reid Public Affairs, regarding the survey about a municipal contribution to the Joseph Brant Memorial

Hospital. (BP-13-09, December 8, 2009)

PowerPoint Presentation from Eric Vandewall concerning Joseph Brant Memorial

Hospital Redevelopment and Expansion Project. (CORPSERV-05-09-3, November 30, 2009)

Correspondence from the Burlington Economic Development Corporation and the Burlington Chamber of Commerce regarding the municipal contribution to Joseph Brant

Memorial Hospital. (CORPSERV-05-09-4, November 30, 2009)

Summary of comment sheets from the three budget 2010 meetings. (CORPSERV-05-09-5, November 30, 2009)

Correspondence from Sue Egles, Partner, Inspire regarding the municipal contribution to Joseph Brant Memorial Hospital. (CORPSERV-05-09-6, November 30, 2009)

Correspondence from Marianne Meed Ward, Member, Board of Governors for Joseph Brant Memorial Hospital regarding the municipal contribution to Joseph Brant Memorial

Hospital. (CORPSERV-05-09-7, November 30, 2009)

Update on the work plan semi-annual status update for Future Focus VII. (CSI-11-09, November 13, 2009)

Confidential City Manager Department report CM-19-09, dated November 8, 2009 regarding Talent Management. (CM-19-09, November 8, 2009)


Confidential Appendix A to Corporate Services Division report CORPSERV-05-09 dated

November 30, 2009 regarding municipal contributions to Joseph Brant Memorial Hospital. (CORPSERV-05-09-2, November 30, 2009)

Confidential Appendix B to Corporate Services Division report CORPSERV-04-09, dated November 25, 2009 providing information on the 2010 Municipal Election,

Advanced Voting and General Update. (CORPSERVE-04-09-2, November 25, 2009)

Community & Corporate Services Committee Meetings of December 9 and 10, 2009

APPROVAL OF THE PARKS, RECREATION AND CULTURAL ASSETS MASTER PLAN

THAT the City of Burlington Parks, Recreation and Cultural Assets Master Plan dated

November 2009, prepared by F.J. Galloway Associates Inc. and circulated under separate

cover, be adopted as a strategic framework to guide planning and capital budgeting of parks, facilities and services for the next 20 years, with a focus on the first 10 year

period; and

THAT the Director of Parks & Recreation report back on the status and implementation

of the Master Plan on a regular basis; and

THAT the Director of Parks & Recreation undertake a formal update of the Master Plan

in 2014. (PR-57-09-1)

The following amendment was moved by Councillor Taylor and seconded by Councillor Thoem:

THAT Item PR-68-09 of the Community & Corporate Services Committee Meeting No. 22-

09, be amended by deleting paragraphs 4 and 5 in their entirety and replacing with the

following:

“THAT consideration be given to include the cost of development of Option 1 in the

2010-2019 Capital Budget and Forecast, including a function design and enhanced

public consultation in 2010 and detailed design in 2011.”

AMENDMENT CARRIED

APPROVAL OF THE MOUNTAINSIDE COMMUNITY PARK AND FACILITIES PLAN

THAT the park concept plan, referred to as the Park/Woodlot Concept Plan and attached as Appendix A to Parks and Recreation Department report PR-68-09, dated November

20, 2009, be approved as the preferred concept plan for Mountainside Park development;

and

THAT the Director of Parks and Recreation be directed to proceed with detailed design

of the park, based on the Park/Woodlot Concept Plan, so that park works can be undertaken in 2010; and


THAT Option 1, referred to as the Facility Option, attached as Appendix B to Parks and

Recreation Department report PR-68-09, dated November 20, 2009, be approved as the

preferred option for the facilities development at Mountainside Park; and

THAT consideration be given to include the cost of development of Option 1 in the

2010 -2019 Capital Budget and Forecast, including a function design and enhanced

public consultation in 2010 and detailed design in 2011. (PR-68-09)

APPROVAL OF ALTERNATIVE SITE FOR PAN AM GAMES

THAT the City of Burlington recommends City Park as the preferred site to host the

City’s portion of the 2015 Pan/Parapan American Games Football (soccer); and

THAT Sherwood Forest Park be completely removed as a potential site for the Pan Am

Games; and

THAT the Director of Parks and Recreation, in cooperation with the Ward One

Councillor, be directed to conduct a public meeting in the winter of 2010 regarding the City Park site and report back to Committee on the outcomes; and

THAT the Director of Parks and Recreation be directed to consult with the Niagara Escarpment Commission staff, the Ward One Councillor and the Tyandaga Community

on the potential use of City Park as the site for the Pan/Parapan American Games; and

THAT the Director of Parks and Recreation be authorized to advise the Niagara

Escarpment Commission that the City is supportive of hosting the Pan/Parapan American Games at City Park and to seek approval in principle from the Commission to host the

Games at City Park; and

THAT the City Manager, the General Manager of Community Services, and the Director of Parks and Recreation be authorized to negotiate, approve and execute, on behalf of the

City of Burlington, in a form satisfactory to the City Solicitor:

a. A Multi-Party Agreement with the Federal Government, the Provincial Government,

the City of Toronto, Canadian Olympic Committee, Canadian Paralympics

Committee and Ontario 2015 Pan Am Games Bid Corporation that describes how the parties intend to deliver the Pan/Parapan American Games, specifies and formalizes

the distribution of venues and associated capital works, sets out and legally binds all

the financial contributors in regard to their capital contributions and benefits, and allows for adjustments to the contribution amounts to recognize capital cost inflation;

and

b. A Joinder Agreement that legally binds the City of Burlington as if it were a party to

the Multi-Party Agreement subject to Sherwood Forest Park being replaced with City

Park as the preferred venue; and

THAT the Director of Parks and Recreation be directed to report back in 2011 on

recommendations for the Sherwood Forest Master Plan as outlined in Parks and Recreation Department report PR 74-09-1, dated November 19, 2009.


THAT the establishment of a Community Advisory Committee to assume responsibility

for community engagement as outlined in Parks and Recreation Department report PR-

74-09-1, dated November 19, 2009, be authorized; and

THAT Mayor Jackson and Councillor Craven be appointed as Council’s representatives

on the Community Advisory Committee. (PR-74-09-1)

APPROVAL OF PROCESS FOR GENERAL BROCK SURPLUS LANDS

THAT the General Manager of Community Services be authorized to proceed with

negotiations for the purchase of the entire available General Brock site consisting of the

following elements:

a) 12.72 acres currently offered plus the flood plain portion of about 2.66 acres;

b) Recognition that the approximately 8.8 acres of the 26 acre site where the school

building is currently located is appropriate for redevelopment;

c) The Halton District School Board initiate applications for Official Plan and

Zoning By-law amendments for the remaining 8.8 acre site to permit medium density residential development, subject to the normal planning process;

d) Recognition that following community consultations Council approve the design features of the new community park as identified in the Parks Recreation and

Cultural Assets Master Plan consisting of a least two premiere multi-purpose

sports fields with lights and associated parking as required

e) That the city commit $2 million from the Strategic Land Acquisition Reserve Fund in 2010 for the purposes of securing the at risk public green space(parkland)

as a result of this school closure as outlined in detail in the Mayor’s confidential

staff direction dated December 9, 2009; and

THAT staff prepare a report with the following elements:

I. Develop amendments to the surplus school site policy to establish criteria for a

purchase that limits the city’s interest to existing public green space, not areas currently covered by buildings and /or parking lots and /or lands ancillary to

existing buildings;

II. And that financial analysis be prepared to support a financial plan to finance the

new policy. (PR-75-09-1)

A Recorded Vote was requested by Councillor Dennison, resulting in the following:

IN FAVOUR: Mayor Jackson, Councillors Thoem, Taylor, Dennison and

Goldring

OPPOSED: Councillors Craven and D’Amelio

(5 in favour, 2 opposed)


DEFERRAL OF REPORT REGARDING THE PROPOSED FAIRVIEW-HARVESTER

CONNECTION

THAT consideration of Engineering Department report E-45-09, dated November 27,

2009, be deferred.

DIRECTION TO REPORT BACK ON ESTABLISHING AN EARLY CHILDHOOD

ENRICHMENT CENTRE AT THE TANSLEY WOODS PUBLIC LIBRARY

THAT the Director of Parks and Recreation be directed to work with the Burlington

Public Library Board to evaluate the cost and feasibility of establishing an Early

Childhood Enrichment Centre at the Tansley Woods Public Library Branch with the objective of supporting the Province of Ontario’s forthcoming adoption of full

kindergarten for 4 and 5 year old children. (Councillor Taylor) (CC-51-09)

DIRECTION TO REPORT BACK ON CONSULTATION WITH PRIVATE ICE USERS

THAT the Director of Parks and Recreation invite the owners of the private ice pads in Burlington to join the major ice user group as part of the City’s mandate to consult with

all ice users in order to include and evaluate ice utilization in all arenas for the purposes

of the staff ice utilization report for 2010. (Mayor Jackson) (CC-52-09)

DIRECTION TO EXPLORE OFF SEASON SATELLITE PROGRAMMING AT TYANDAGA

MUNICIPAL GOLF COURSE

THAT the Director of Parks and Recreation work with the Ward One Councillor to explore potential use of the Tyandaga Municipal Golf Course for off season satellite

programming and report back in time for the 2011 budget process. (Councillor Craven)

(CC-53-09)

DIRECTION FOR BURLINGTON ECONOMIC DEVELOPMENT CORPORATION TO

FIND SUITABLE EXPANSION SITE

THAT Burlington Economic Development Corporation work with Maranatha Homes and

Mount Nemo nursing home to find a suitable location and expansion site within the City of Burlington. (Councillor Taylor) (CC-54-09)

TWENTY THREE ITEMS FOR RECEIPT:

THAT the following twenty two items, having been given due consideration by the Community

and Corporate Services Committee, be received and filed:

Memorandum from Tracey Burrows, Committee Clerk, Clerks Department regarding

delegation material from Peter and John Leigh-Bell about Mountainside Park. (CC-49-

09, November 27, 2009)

Memorandum from Steve Zorbas, Acting Director of Parks and Recreation providing the

updated Parks, Recreation and Cultural Master Plan. (PR-57-09-2, November 25, 2009)


Delegation material from Guy Shepherd, Chair, Burlington Sustainable Development

Committee, providing the updated Parks, Recreation and Cultural Master Plan. (PR-57-09-3, December 8, 2009)

Delegation material from Amy Schnurr, Executive Director, Burlington Environmental Association, providing the updated Parks, Recreation and Cultural Master Plan. (PR-57-

09-4, December 9, 2009)

Report providing an update on the Appleby Go Station Area – Pedestrian and Cycling

Improvements. (E-66-09, November 27, 2009)

Delegation material from John Renfrew regarding the report requesting approval of the Mountainside Community Park and facilities plan. (PR-68-09-2, December 9, 2009)

Delegation material from Henry Bird, Burlington resident, regarding the report requesting approval of the Mountainside Community Park and facilities plan. (PR-68-09-3,

December 9, 2009)

Memorandum from Rob Peachey, Manager of Facilities Parks & Open Space providing

revised pages to the report recommending approval of alternative site for Pan Am Games. (PR-74-09-2, December 9, 2009)

Delegation material from Andrew Reedman, Pinedale Community Association, Burlington, regarding the report recommending approval of alternative site for Pan Am

Games. (PR-74-09-3, December 4, 2009)

Delegation from Pam Belgrade, Executive Director of Tourism Burlington, regarding the report recommending approval of alternative site for Pan Am Games. (PR-74-09-4,

December 9, 2009)

Delegation Material from Frank McKeown, Burlington, regarding the report

recommending approval of alternative site for Pan Am Games. (PR-74-09-5, December

9, 2009)

Petition submitted by Sherwood Forest Park Community Residents, regarding the report recommending approval of alternative site for Pan Am Games. (PR-74-09-6, December

9, 2009)

Kelly Yerxa, O’Conner MacLeod Hanna, LLP, regarding the report recommending

approval of alternative site for Pan Am Games. (PR-74-09-4, December 9, 2009)

Memorandum from Charlotte O’Hara-Griffin, Supervisor, Park Planning & Development, providing additional information on the report requesting approval of

process for General Brock surplus lands. (PR-75-09-2, dated December 9, 2009)


Memorandum from Charlotte O’Hara-Griffin, Supervisor, Park Planning &

Development, regarding the Draft Facilitator’s Report of December 1, 2009 General Brock Meeting. (PR-75-09-3, December 9, 2009)

Delegation material from Ionatan Waisgluss, Burlington regarding the report requesting approval of process for General Brock surplus lands. (PR-75-09-4, December 7, 2009)

Delegation material from David McKay, Burlington resident, regarding the report requesting approval of process for General Brock surplus lands. (PR-75-09-5, December

8, 2009)

Delegation material from Paul Toffoletti, Vice Chair Burlington Sustainable Development Committee, regarding the report requesting approval of process for General

Brock surplus lands. (PR-75-09-6, December 9, 2009)

Delegation material from Eric Conway, 3230 Pine Meadow Drive, Burlington, regarding

the report requesting approval of process for General Brock surplus lands. (PR-75-09-7, December 9, 2009)

Delegation material from Lawrence Stasiuk, Burlington, regarding the report requesting approval of process for General Brock surplus lands. (PR-75-09-8, December 9, 2009)

Delegation material from Jan van der Woerd, Chairman of Roseland Gardens, regarding the report requesting approval of process for General Brock surplus lands. (PR-75-09-9,

December 9, 2009)

Delegation material from Murray DePape, dated December 8, 2009, regarding the report requesting approval of process for General Brock surplus lands. (PR-75-09-10,

December 8, 2009)

Confidential Appendices D and E to Parks and Recreation Department report PR-

75-09, dated November 25, 2009, providing an update on the General Brock surplus

school site. (PR-75-09-1)


MOTION TO ADOPT RECOMMENDATIONS FROM STANDING COMMITTEE:

146. Moved by: Councillor Goldring

Seconded by: Councillor Dennison

THAT the following reports:

Special Community & Corporate Services Committee Report No. 21-09

Meetings of December 7 and 10, 2009. As amended

Community Development Committee Report No. 20-09

Meeting of December 7, 2009. As presented

Budget & Strategic Planning Committee Report No. 9-09

Meeting of December 8, 2009. As amended

Community & Corporate Services Committee Report No. 22-09

Meetings of December 9 and 10, 2009. As amended

be hereby adopted.

MOTION CARRIED

REPORTS OF MUNICIPAL OFFICERS:

APPROVAL OF OWNER’S REQUEST TO REPEAL THE BY-LAW DESIGNATING

THE PROPERTY AT 1435 CAROLINE STREET

THAT the application made under Section 32 of the Ontario Heritage Act , R.S.O. 1990,

Chapter 0.18, to repeal the designation by-law registered against 1435 Caroline Street be

approved; and

THAT in accordance with the notice provisions of Section 32(11) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18, Council give notice of its intention to repeal the

by-law; and

THAT if there are any objections in accordance with Section 32(14) of the Ontario

Heritage Act, R.S.O. 1990, Chapter 0.18, to notice of Council’s intention to repeal the

designation by-law registered over 1435 Caroline Street, the City Clerk be authorized and directed to take the necessary action; and

THAT 1435 Caroline Street be reinstated on the Municipal Register as a non-designated property. (PB-80-09)

RECOMMENDATION DEFEATED


MOTION TO RECEIVE AND FILE COUNCIL INFORMATION PACKAGES:

147. Moved by: Councillor D’Amelio

Seconded by: Councillor Thoem

THAT the following Information Packages, having been prepared and distributed to Council, be

received and filed:

December 4 and 11, 2009

MOTION CARRIED

MOTION TO RECEIVE AND FILE ITEMS RECEIVED BY COUNCIL:

148. Moved by: Councillor D’Amelio Seconded by: Councillor Thoem

THAT the following items, having been considered by Council, be received and filed:

Memorandum from Arif Shahzad, Senior Environmental Engineer, dated December 9, 2009, concerning Tender Award - Roseland Creek Flood Control Wall at 3131 New

Street. (Related to E-65/09)

Memorandum from Danielle Pitoscia, Committee Clerk, dated December 10, 2009,

concerning the Apeldoorn Delegation – May 2010. (Related to Item CL-19-09)

Correspondence from Paul Sharman, dated December 14, 2009, concerning the Route 10

New-Maple route design evaluations and recommendation. (Related to Item TT-53-09)

Delegation material from Charles Minken, Chair, Mundialization Committee.

Correspondence from Kim Boydell, 2381 Arnold Crescent, Burlington L7P 4J2, concerning Joseph Brant Memorial Hospital.

MOTION CARRIED

CONSIDERATION OF BY-LAWS:

149. Moved by: Councillor Thoem Seconded by: Councillor Goldring

THAT the following by-laws be now introduced, entitled, enacted and passed:

By-law No.

Title

92-2009 A by-law to appoint Local Authority Services Limited as the closed meeting

investigator for the city.


93-2009 A by-law to designate 2084 Old Lakeshore Road, Burlington pursuant to Part

IV of the Ontario Heritage Act, Ward 2.

File: 502-02-34.2 (PB-74-09)

94-2009 A by-law to amend the Procedural By-law to reflect the changes in the

standing committees’ naming and responsibilities. File: 110-04-1 (CL-12-09)

95-2009 A by-law to appoint certain Municipal Law Enforcement Officers for the City of Burlington.

File: 745-06 (CL-20-09, DA-118-09)

96-2009 A by-law to exempt Block 73, Plan 20M-968, in the City of Burlington, in the

Regional Municipality of Halton, from the provision of part lot control under the

Planning Act – Mattamy (Richardson) Limited, Ward 6. File: 511-4/09 (DA-120-09 /PB-95/09)

97-2009 A by-law to exempt Part of Block 22, Plan 20M-1034, designated as PARTS 1 to 7, 20R-18387, and Part of Block 2, Plan 20M-1046, designated as PARTS 8

to 12, 20R-18387, and Part of Block 1, Plan 20M-1046, designated as PARTS

13 to 24, 20R-18387, and Part of Block 123, Plan 20M-1036, designated as PART 25, 20R-18387, in the City of Burlington, in the Regional Municipality of

Halton, Ward 6.

File: 511-2/09 (DA-119-09)

98-2009 A by-law to delegate authority respecting development of detached dwellings and semi-detached dwellings except for new detached and semi-detached

dwellings.

File: 502-02-1 (PB-89-09)

99-2009 A by-law to authorize a request for the issuing of debentures by the Regional

Municipality of Halton for the Roseland Creek Flood Control Wall at 3131 New Street, Ward 4.

File: (E-65-09)

2020.279 A by-law to amend By-law 2020, as amended, regulating the widths of

driveways, walkways, and landscape open space area in front yards of low and

medium density residential development. File: 502-02-44 (PB-87-09)

MOTION CARRIED

STATEMENTS BY MEMBERS:

Councillor Thoem invited Ward 2 residents to two Drop-In sessions being held on December 15

at Central Library Café from 11 a.m. to 12 noon and 7 to 8 p.m.


Councillor Craven wished everyone a Merry Christmas.

Councillor Dennison will be hosting a Ward 4 Drop-In session on December 16 at Cedar Springs Health, Racquet and Sportsclub from 6:30 to 7:30 p.m. and extended holiday greetings.

Councillor D’Amelio wished everyone a Happy Hanukkah and Merry Christmas. A New Year’s Day Pyjama Party will take place at Tansley Woods from 12 noon to 4 p.m. For information call

905 335-7600, ext. 7654. A Ward 6 Let’s Talk session will be held on January 26 at Tansley

Woods from 5 to 7 p.m.

Councillor Goldring wished staff a Merry Christmas and all the best in the New Year.

Mayor Jackson advised that the Olympic Torch will travel through Burlington on December 19

beginning at Burlington Mall at approximately 4:15 and travelling west along Fairview to Brant

Street and down to City Hall where there will be a small ceremony in Civic Square. Festivities will take place from 1 to 5 p.m. at the Discovery Centre where the world famous synchronized

skating team will perform on the ice pad. New Year’s Eve party will take place at Central Park

from 7 to 10 p.m. On behalf of Council, Mayor Jackson wished all staff and citizens a safe and enjoyable holiday season.

MOTION TO CONFIRM PROCEEDINGS OF THE COUNCIL MEETING:

150. Moved by: Councillor Goldring

Seconded by: Councillor Thoem

THAT By-law Number 101-2009, being a by-law to confirm the proceedings of Council at its meeting held Monday, December 14, 2009, be read a first, second and third time and be enacted

and passed.

MOTION CARRIED

MOTION TO ADJOURN:

151. Moved by: Councillor Thoem

Seconded by: Councillor Goldring

THAT this Council do now adjourn to meet again at the call of the Mayor.

Time: 10:20 p.m.

MOTION CARRIED

Suzanne Whitehead Cam Jackson

ACTING CITY CLERK MAYOR

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