CITY OF BURLINGTON · This Council Meeting is the final stage of decision-making after a thorough...

CITY OF BURLINGTON

REGULAR MEETING OF COUNCIL NO. 17-09 MONDAY, NOVEMBER 9, 2009

IN COUNCIL CHAMBERS

LEVEL 2, CITY HALL AT 7:00 P.M.

AGENDA

CALL TO ORDER:

NATIONAL ANTHEM:

REGRETS:

PROCLAMATIONS:

Unity in Diversity Week November 9 – 15, 2009

CONFIRMATION OF MINUTES:

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

Regular meeting of Council No. 15-09 held Monday, October 19, 2009 and Special meeting of

Council No. 16-09 held Thursday, October 22, 2009.

DECLARATIONS OF INTEREST:

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.

Report recommending the Nelson Quarry application for a new quarry not be supported.

See Item PB-04-09-1, Pages 15-16

Ralph Steedman, 2618 Bluffs Way, Burlington, L9T 2X6.

Sandra Aultman, Expert Hose & Coupling Inc., 4161 Morris Drive, Unit 3 &4,

Burlington, L7L 5L5, will speak in opposition.

REGULAR MEETING OF COUNCIL NO. 17-09 NOVEMBER 9, 2009

CORRESPONDENCE:

Correspondence dated October 27, 2009 from the Town of Milton concerning R.O.P.A.

38 – The Sustainable Halton Plan. (Related to Item PB-76-09)

Pages 3-4


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 five 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 various items. 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 will be dealing with

at tonight’s council meeting include:

Special Community & Corporate Services Committee Report No. 17-09

Meeting of October 22, 2009

Pages 6-8

Joint Community Development and Community Report No. 16-09

and Corporate Services Committee

Meeting of October 26, 2009.

Pages 9-13

Community Development Committee Report No. 17-09

Meetings of October 26 and 28, 2009.

Pages 14-22

Budget & Strategic Planning Committee Report No. 8-09


Pages 23-24

Audit Committee Report No. 8-09


Page 25


SPECIAL COMMUNITY &

CORPORATE SERVICES REPORT NO. 17-09

COMMITTEE

RECOMMENDATIONS TO

COUNCIL MEETING OF

NOVEMBER 9, 2009

DATE OF MEETING: Thursday, October 22, 2009

PLACE OF MEETING: Council Chambers, 2nd

Floor, City Hall at 2:00 p.m.

MEMBERS PRESENT:

Councillors Rick Goldring (Chair), Rick Craven

Peter Thoem (arrived 2:15 p.m.), John Taylor, Jack

Dennison, Carol D’Amelio and Mayor Cam

Jackson.

STAFF PRESENT:

Roman Martiuk, Scott Stewart, Steve Zorbas, Chris

Glenn, Jim Seferiades, Vito Tolone, Anne Marie

Coulson , Charlotte O’Hara-Griffin, Rob Peachey,

Philip Kelly, Joan Ford, Kim Phillips, Suzanne

Whitehead, Alan Bell and Tracey Burrows (Clerk).

DECLARATIONS OF INTEREST:

Councillor Dennison – Parks and Recreation Report PR-56-09, dated October 15, 2009, Parks,

Recreation and Cultural Assets Master Plan, as he and his children own Cedar Springs Health,

Racquet and Sports club, which provides recreational programs and services.

FOUR STAFF DIRECTIONS:

DIRECTION REGARDING OPTIONS FOR MOUNTAINSIDE PARK AND

FACILITIES

THAT the Director of Parks and Recreation be authorized to seek public input

regarding Option #3 and a modified Option # 1 with expanded community space for

Mountainside Park and Facilities, as presented at the October 22, 2009 Special

Community & Corporate Services Committee meeting; and

THAT the Director of Parks and Recreation provide an update on the public

consultation at the November 11, 2009 Special Community & Corporate Services

Committee meeting. (Councillor Taylor) (CC-36-09)


DIRECTION REGARDING CONVERSION OF NELSON STADIUM TO ARTIFICIAL

TURF

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

District School Board and user group representatives to explore the conversion of

Nelson Stadium to artificial turf, including a review of capital costs with funding

options and on-going revenue opportunities and report back to Community &

Corporate Services Committee part of the 2010 capital budget process. (Councillor

Dennison) (CC-37-09)

DIRECTION REGARDING CONSULTATION WITH MAJOR ICE USERS

THAT the Director of Parks and Recreation be directed to consult with the major

ice users in consideration of future ice needs and the anticipated fall 2010 scheduled

opening of the Appleby Ice Centre expansion; and

THAT the ice users provide feedback on the impact of potentially closing

Mountainside Arena with consideration for the opening of the expanded Appleby

Ice Centre; and

THAT the Director of Parks and Recreation be directed to provide an update on the

consultations at the November 11, 2009 Special Community & Corporate Services

Committee meeting. (Councillor D’Amelio) (CC-38-09)

DIRECTION REGARDING PARK DEVELOPMENT OPPORTUNITIES

THAT the Director of Parks and Recreation report back on the process to review

opportunities for developing sports fields in underutilized park areas at the

December 9, 2009 Community &Corporate Services Committee meeting.

(Councillor Thoem) (CC-39-09)

FIVE ITEMS FOR RECEIPT:

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

Corporate Services Committee be received and filed:

Report on the Parks, Recreation and Culture Assets Master Plan. (PR-56-09-1, October 15,

2009)

Draft Parks, Recreation and Cultural Assets Master Plan. (PR-56-09-2, October 15, 2009)

Memorandum from Steve Zorbas, Acting Director of Parks and Recreation, regarding Draft

Parks, Recreation and Cultural Assets Master Plan. (CC-41-09, October 16, 2009)

Power Point Presentation from Chris Glenn, Manager of Business & Community

Development Services, concerning the Parks, Recreation and Cultural Assets Draft

Master Plan. (PR-56-09-3, October 22, 2009)


Detailed Map of Parks and Open Space in City of Burlington. (PR-56-09-4, October 22,

2009)

STAFF REMARKS: None

COUNCIL REMARKS: None

ADJOURNMENT: 3:58 p.m.


JOINT COMMUNITY DEVELOPMENT

AND COMMUNITY & CORPORATE

SERVICES COMMITTEE REPORT NO. 16-09

RECOMMENDATIONS

TO COUNCIL MEETING

NOVEMBER 9, 2009

DATE OF MEETING: Monday, October 26, 2009

PLACE OF MEETING: Council Chambers, Level 2, City Hall at 2:00

p.m. (Public) 3:50 p.m. (Closed) 4:30 p.m.

(Public).

MEMBERS PRESENT: Councillors Carol D’Amelio (Chair), Rick

Craven, Peter Thoem, John Taylor, Jack

Dennison, Rick Goldring and Mayor Cam

Jackson.

STAFF PRESENT:

Roman Martiuk, Scott Stewart, Allan Magi, Steve

Zorbas, Joan Ford, Leo DeLoyde, Ann Marie

Coulson, Roy Male, John Conn, Paul Smithson,

Lynn Robichaud, Philip Kelly, Fleur Storace-

Hogan, Laura Boyd, Robin MacDouell, Tony

Bavota, Jeff Weber, Chris Glenn, Pam

Mulholland, Kyle Benham, Bruce Kruschelnicki,

Blake Hurley, Catherine Talbot, Nancy Shea

Nicol, John Lee and Tracey Burrows (clerk).

DECLARATIONS OF INTEREST: None

RECOMMENDATIONS:

EIGHT ITEMS FOR CONSIDERATION:

APPROVAL TO INVESTIGATE THE CREATION AND IMPLEMENTATION OF AN

AFFORDABLE HOUSING TOOL KIT

THAT the Director of Planning and Building and the Executive Director of Finance be

directed to investigate the creation and implementation of an affordable housing tool kit

which may include a dedicated housing reserve fund. (PB-30-09-1)

APPROVAL TO REMOVE 387 ROSSMORE BOULEVARD FROM THE MUNICIPAL

HERITAGE REGISTER

THAT the property at 387 Rossmore Boulevard be removed from the Municipal Register

in accordance with Part IV, Section 27 (1.3) of the Ontario Heritage Act, R.S.O. 1990, as

amended, such that the residential building can be demolished. (PB-78-09)


APPROVAL OF REQUEST FOR PROPOSAL FOR CATERING SERVICES AT PALETTA

LAKEFRONT PARK & MANSION

THAT the Request for Proposal - #RFP-09-32, submitted by Carmen’s Catering – Oakville

Conference & Banquet Centre, 2515 Wyecroft Road, Oakville, Ontario L6L 6P8 and

Michelangelo’s Banquet Centre, 1555 Upper Ottawa Street, Hamilton, Ontario L8W 3E2,

be approved as the two Preferred Caterers for Paletta Lakefront Park & Mansion; and

THAT the Director of Parks and Recreation be authorized to negotiate the final terms of the

agreement pertaining to preferred catering services for selected City facilities effective

January 1, 2010, subject to approval by the City Solicitor; and

THAT the Manager of Purchasing be directed to issue a Purchase Order Contract by

November 30, 2009 with Carmen’s Catering – Oakville Conference & Banquet Centre and

Michelangelo’s Banquet Centre. (PR-29-09-1)

AUTHORIZATION TO TRANSFER OWNERSHIP OF THE NAVAL MEMORIAL

MONUMENT

THAT the Director of Parks and Recreation be authorized to accept a Declaration of Gift

from the Burlington Branch of the Royal Canadian Naval Association gifting the Naval

Memorial Monument situated in Spencer Smith Park to the City of Burlington; and

THAT the Director of Parks and Recreation be authorized to enter into any other legal

agreements pertaining to the gift, as required; and

THAT the enactment of a by-law to establish the Naval Memorial Monument Reserve

Fund for revenues and costs associated with the maintenance, preservation, restoration,

and management of the Naval Memorial Monument be approved; and

THAT the Director of Parks & Recreation be authorized to accept a transfer of funds

from the Naval Memorial Monument Perpetual Care Fund (registered charitable #

895057347RR0001) to the Naval Memorial Monument Reserve Fund; and

THAT the Naval Memorial Monument be added to the City of Burlington Public Art

Inventory with the Parks & Recreation Department, in conjunction with other City

Departments, assuming responsibility for its management and maintenance; and

THAT a plaque be placed at the monument site acknowledging the Burlington Branch of

the Royal Canadian Naval Association’s gift to the City of Burlington of both The Naval

Memorial Monument and funds for its future maintenance, preservation, restoration, and

management. (PR-33-09)


APPROVAL OF DIRECTIONS REGARDING R.O.P.A 38- SUSTAINABLE HALTON

THAT the comments and recommended modifications to proposed Registered Official

Plan Amendment (R.O.P.A) 38 contained in Planning and Building Department report

PB-76-09 be adopted; and

THAT the City Clerk be instructed to forward Planning and Building Department report

PB-76-09, dated October 14, 2009, and Council Resolution to the Region of Halton; and

THAT the Executive Director of Finance be instructed to report back on the financial

implications of proposed R.O.P.A. 38 once Halton Region’s outstanding fiscal analysis

study has been completed. (PB-76-09)

APPROVAL OF DIRECTIONS REGARDING THE BROWNFIELD REMEDIATION

ASSISTANCE PROGRAM

THAT the Draft Variables and Options Report be received for information; and

THAT Burlington Economic Development Corporation staff consult with Halton Region

Planning, Finance and Economic Development staff regarding the findings of the report

and options for program development. (CD-19-09-1)

APPROVAL TO PROCEED WITH CONSTRUCTION OF A NEW FIRE STATION AT 1827

IRONSTONE DRIVE

THAT the Manager of Purchasing be directed to negotiate architectural services with the

firm Svedas Koyangi Architects Inc. for the new Fire Station at 1827 Ironstone Drive;

and

THAT delegated authority be used to award the tender for the construction of a new Fire

Station; and

THAT the Fire Chief and the Executive Director of Corporate Strategic Initiatives be

directed to undertake all other tasks necessary to complete the construction of the new

Fire Station by March 31, 2011, in order to realize the funding from the federal and

provincial Infrastructure Stimulus Fund programs. (BFD-06-09-1)

APPROVAL OF DIRECTIONS REGARDING AN OPA 55/ZONING BY-LAW 2020.205

APPEAL

THAT the City Solicitor & Director of Legal Services or her designate be instructed to

proceed in accordance with the instructions contained in Section 4.0 of Confidential

Legal Department report L-51-09, dated October 13, 2009. (L-51-09)


TWO STAFF DIRECTIONS:

DIRECTION TO REPORT BACK REGARDING GRAFFITI AND MAINTENANCE OF

SOUND WALLS

THAT the Director of Roads and Parks Maintenance be directed to report back to

the Community and Corporate Services Committee with a strategy to address

graffiti issues and the maintenance of sound walls by the end of February 2010.

(Councillor Goldring) (CC- 42-09)

DIRECTION TO HOLD A SPECIAL WORKSHOP ON PUBLIC CONSULTATION

THAT the following staff direction be referred to a Budget and Strategic Planning

Committee Workshop to be held in November 2009 for discussion:

THAT the City Clerk be directed to report back to the Budget and Strategic

Planning Committee on how Burlington can be a national leader in its

practices and standards of public consultation with the community; and

THAT the report address the current and emerging technologies and

practices to address key planning, development and social issues; and

THAT the report include, without limitation, the examination of such models

as civic lotteries., citizen’ forums, advisory committees to council, electronic

opinion gathering, public meetings, education, print advertising, direct mail

notification and statutory notices. (Councillor Thoem) (BP –13-09)

SEVEN ITEMS FOR RECEIPT:

THAT the following seven items, having been given due consideration by the Joint Community

Development and Community & Corporate Services Committee, be received and filed:

Report providing an update on the LaSalle Park Marina Association proposal. (PR-62-

09, October 7, 2009)

Report providing the quarterly update of environmental initiatives (July-September

2009). (CSI-10-09, October 15, 2009)

Confidential Appendix A to Parks & Recreation Department report PR-29-09 regarding

the Request for Proposal for catering services at Paletta Lakefront Park & Mansion. (PR-

29-09-2, September 21, 2009)

PowerPoint presentation from Brian Betts, Marshall Macklin Monaghan Ltd. and

Kyle Benham, Executive Director, Burlington Economic Development Corporation,

concerning the report recommending receipt of the Brownfields Remediation

Assistance Program Draft Variables and Options Report and direction to undertake

consultations regarding the findings of the report and options for program

development. (CD-19-09-2, October 26, 2009)


Confidential Appendix A to Fire Department report BFD-06-09 recommending approval

to proceed with construction of a new Fire Station at 1827 Ironstone Drive. (BFD-06-09-

2, August 18, 2009)

Confidential Human Resources Department report HR-7-09 regarding a labour relations

update. (HR-7-09, October 2009)

Correspondence from Kathleen Szoke, representing Coalition for Assisted

Affordable and Supportive Housing in Halton (CASH), concerning the report

recommending that staff investigate the creation and implementation of an

affordable housing tool kit. (PB-30-09-2, October 26, 2009)

DELEGATIONS:

Report recommending that staff investigate the creation and implementation of an affordable

housing tool kit. (PB-30-09)

Kathleen Szoke, representing Coalition for Assisted Affordable and Supportive Housing

in Halton (CASH), 1222 Richmond Road, Burlington, L7S 1K6, spoke in support of the

report and called on all levels of government to facilitate the development of

relationships for more affordable housing. Due to the economic downturn the need for

more affordable housing is increasing, especially for the working poor and others

struggling to find assisted, affordable or supportive housing. Szoke stated that

community benefits are obtained under Section 37 of The Planning Act and that a

housing reserve fund would be an asset to the affordable housing toolkit. Szoke also

noted that the efforts of city staff to advance the idea of an affordable housing toolkit are

much appreciated. (CD-67)



COMMUNITY DEVELOPMENT

COMMITTEE

REPORT NO. 17-09 RECOMMENDATIONS TO

COUNCIL MEETING OF

NOVEMBER 9, 2009

DATE OF MEETING: Monday, October 26, 2009

PLACE OF MEETING: Council Chambers, City Hall at 6:30 p.m.,

(Public), 10:45 p.m. (Closed), 11:00 p.m. (Public),

adjourned at 11:01 p.m., reconvened at 5:30 p.m.

Wednesday, October 28, 2009.

MEMBERS PRESENT: Councillors Carol D’Amelio (Chair), Rick

Craven, Peter Thoem, John Taylor, Jack

Dennison, Rick Goldring and Mayor Cam

Jackson.

STAFF PRESENT: Roman Martiuk, Leo DeLoyde, Nancy Shea

Nicol, Bruce Krushelnicki, Blake Hurley, Mike

Greenlee, Robin van de Lande, John Lee and

Jennifer Shaw (clerk).

DECLARATIONS OF INTEREST: None.

RECOMMENDATIONS:

TWO ITEMS FOR CONSIDERATION:

APPROVAL OF A CITY-INITIATED OFFICIAL PLAN AMENDMENT TO CONFIRM THE

INTER-REGIONAL TRANSIT/COMMUTER STATION LOCATION IN THE ALTON

COMMUNITY

THAT the City-initiated Official Plan Amendment to confirm the transit/commuter

station in the Alton community on the north side of Dundas Street, east of Highway 407

and removal of the two alternative designated inter-regional transit/commuter stations, be

approved; and

THAT the City Clerk be instructed to prepare the necessary by-law adopting Official

Plan Amendment 77, as outlined in Appendix I of Planning & Building Department

report PL-33/09, dated October 13, 2009; and

THAT Council deems that Section 17 (21) of the Planning Act has been met. (PB-33-09)


APPROVAL TO NOT SUPPORT THE NELSON QUARRY APPLICATION FOR A NEW

QUARRY

THAT the final report of the Joint Agency Review Team be received and filed; and

THAT the proposal by Nelson Aggregate Co. to establish and operate a quarry on lands

within the City described as Part of Lots 17 and 18, Concession 2 south of No. 2

Sideroad, and to process this aggregate on lands described as Part of Lots 1 and 2,

Concessions 2 and 3 north of No. 2 Sideroad not be supported and the applications be

refused; and

THAT consistent with Council's position on the Nelson Quarry proposal, the following

positions in respect of existing applications by Nelson Aggregate Co. on lands south of

No. 2. Sideroad be adopted:

a) refuse the amendment to the City's Official Plan proposed by Nelson Aggregate

Co. to designate for aggregate extraction lands within the City described as Part of

Lots 17 and 18, Concession 2, south of No. 2 Sideroad;

b) recommend refusal of the amendment to the Region of Halton's Official Plan

proposed by Nelson Aggregate Co. to designate for aggregate extraction lands

within the City described as Part of Lots 17 and 18, Concession 2, south of No. 2

Sideroad;

c) recommend refusal of the amendment to the Niagara Escarpment Plan

proposed by Nelson Aggregate Co. to designate for aggregate extraction lands

within the City described as Part of Lots 17 and 18, Concession 2, south of No.

2 Sideroad;

d) recommend refusal of a development permit under the Niagara Escarpment

Planning and Development Act requested by Nelson Aggregate Co. to permit

aggregate extraction on lands within the City described as Part of Lots 17 and 18,

Concession 2, south of No. 2 Sideroad;

e) Not support issuance of a Class `A' license to permit a quarry extracting below

the water table pursuant to the Aggregate Resources Act on lands within the

City described as Part of Lots 17 and 18, Concession 2, south of No. 2

Sideroad; and

THAT consistent with Council's position on the Nelson Quarry proposal, the

following positions in respect of other approvals required by Nelson Aggregate Co.

on lands south of No. 2. Sideroad be adopted:

a) Not support the groundwater taking or the Ontario Water Resources Act

permit to take water necessary to operate the proposed Nelson Quarry;

b) Not support negative impacts on species listed under the Endangered Species

Act, 2006 and, in the event final regulations are passed to protect such

species, Council does not support any future activities respecting the

proposed quarry that are inconsistent with these future regulations; and

THAT consistent with Council's position on the Nelson Quarry proposal, the following

positions in respect of future activities at the existing Nelson Quarry on lands north of

No. 2 Sideroad be adopted:


a) Not support any changes to the existing site plan approved under the Aggregate

Resources Act that would permit processing of aggregate from off- site locations,

including from lands south of No. 2 Sideroad;

b) Not support the issuance of a development permit under the Niagara Escarpment

Planning and Development Act requested by Nelson Aggregate Co. to permit

processing of aggregate from off-site locations, including from lands south of No.

2 Sideroad, on lands within the City lands described as Part of Lots 1 and 2,

Concessions 2 and 3 north of No. 2 Sideroad;

c) Support the expeditious final rehabilitation of the existing Nelson Quarry

implemented so that the natural heritage features, hydrologic features,

hydrogeologic features and habitat of species at risk on the site and on adjacent

lands will be maintained or restored, and to the extent possible, improved.

(PB-04-09-1)

APPROVAL OF RESOLUTION REGARDING THE LONG TERM PROTECTION OF

THE MOUNT NEMO PLATEAU

WHEREAS the Mount Nemo Plateau is located within Ontario’s Greenbelt and is

an integral part of the Niagara Escarpment UNESCO Biosphere Reserve; and

WHEREAS the Mount Nemo Plateau sustains a fragile and inter-connected

ecosystem featuring over 20 headwater tributaries, provincially significant wetlands,

areas of natural and scientific interest, regionally significant woodland and the

significant habitat of rare and endangered species; and

WHEREAS the balance of the Mount Nemo Plateau is composed of prime

agricultural land and this farmland is also under threat of development for

aggregate extraction now and in the future; and

WHEREAS the Mount Nemo Plateau is a distinct landform that is essential to the

ecology, community, economy and identity of the Niagara Escarpment, the Regional

Municipality of Halton and the City of Burlington; and

WHEREAS many of the provincially and regionally significant natural heritage

features of the Mount Nemo Plateau have been evaluated and mapped, but as yet

have not been designated and protected in the Niagara Escarpment Plan; and

WHEREAS the extraction of aggregate will permanently disrupt the fragile balance

of ecology, rural land use and community of the Mount Nemo Plateau and

supporting area;

NOW THEREFORE BE IT RESOLVED THAT the City of Burlington hereby asks

the Province of Ontario to:

1. Halt the Joint Board Hearing regarding the application for a bedrock quarry

by Nelson Aggregate Co.


2. Direct the Niagara Escarpment Commission to amend the Niagara

Escarpment Plan to:

a) Designate the Grindstone Creek Headwaters Provincially Significant

Wetland as Escarpment Natural Area;

b) Designate the Significant Woodland identified by the Region of Halton as

Escarpment Natural Area;

c) Designate the habitat of the endangered Jefferson Salamander as

Escarpment Natural Area;

d) Designate the balance of lands on the Mount Nemo Plateau as

Escarpment Protection Area.

3. Direct the Minister of Natural Resources to amend the existing two licenses

for quarrying to establish a sunset date for the licenses of 2015 so as to not

further delay the final rehabilitation of the existing Nelson Aggregate quarry

on No. 2 Side Road after over 60 years of mining.

4. Direct the Region of Halton and the City of Burlington to amend their

respective Official Plans to be in conformity with the new Niagara

Escarpment Plan designations. (PB-04-09-2)

STAFF DIRECTIONS: None

NINE ITEMS FOR RECEIPT:

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

Development Committee, be received and filed:

PowerPoint presentation from Robin van de Lande, Senior Planner, concerning the

report recommending the Nelson Aggregate Co. application for a new quarry not be

supported. (PB-04-09-3, October 26, 2009)

PowerPoint presentation from David Donnelly, Donnelly Law, Centre for Social

Innovation, 215 Spadina Avenue, Toronto, M5T 2C7, concerning the report

recommending the Nelson Aggregate Co. application for a new quarry not be


Presentation notes from Roger Goulet, Executive Director, Protecting Escarpment

Rural Land (PERL), P.O. Box 40572, Burlington, L7P 4W1, concerning the report

recommending the Nelson Aggregate Co. application for a new quarry not be


PowerPoint presentation from Brian Zeman, MHBC Planning, 13 Poyntz Street,

Barrie, L4M 3N6, concerning the report recommending the Nelson Aggregate Co.

application for a new quarry not be supported. (PB-04-09-6, October 26, 2009)


PowerPoint presentation from Tom Hilditch, President, Savanta Inc., 58 Welstead

Drive, St. Catharines, L2S 4B2, concerning the report recommending the Nelson

Aggregate Co. application for a new quarry not be supported. (PB-04-09-7, October

26, 2009)

PowerPoint presentation from Steve DiBiase, Golder Associates Ltd., 2390 Argentia

Road, Mississauga, L5N 5Z7, concerning the report recommending the Nelson


26, 2009)

PowerPoint presentation from Norm Elmhirst, President, Nelson Aggregates, P.O.

Box 1070, Burlington, L7R 4L8, concerning the report recommending the Nelson


26, 2009)

Correspondence from Norah Soo, Hamilton Auto Supply, 4325 Harvester Road,

Burlington, L7L 5N4, concerning the report recommending the Nelson Aggregate

Co. application for a new quarry not be supported. (PB-04-09-10, October 26, 2009)

Confidential memorandum from Nancy Shea Nicol, City Solicitor & Director of

Legal Services, concerning the report recommending the Nelson Aggregate Co.

application for a new quarry not be supported. (PB-04-09-11, October 28, 2009)

DELEGATIONS:

Report recommending the Nelson Quarry application for a new quarry not be supported. (PB-04-

09-1)

Joanna Bull, Counsel, representing Lake Ontario Waterkeeper, 410-600 Bay Street

Toronto, M5G 1M6, reported that Lake Ontario Waterkeeper is a charity that works to

protect Lake Ontario and is party to the Joint Board hearing regarding the Nelson Quarry

application. Bull advised that the waters that run through the Mount Nemo area where

the proposed extension site is located provide fish habitat and drinking water. Bull

recommended committee approve the staff recommendation to not support the quarry

extension. (CD-68)

David Donnelly, Donnelly Law, Centre for Social Innovation, 215 Spadina Avenue,

Toronto, M5T 2C7, reported that he represents Environmental Defense and Protecting

Escarpment Rural Land (PERL) in the Joint Board hearing. Donnelly noted that the

Nelson Quarry extension is serving as a beacon for citizens throughout Ontario who have

faced similar quarry applications in their communities. Donnelly stated that Nelson

Aggregate Co. has put three separate proposals before council in the past five years and

has revised its plans continually based on the findings of its consultants. Donnelly

advised that PERL has also assessed the subject land and finds that the footprint for the

proposed quarry extension is inconsistent with the Provincial Policy Statement and is

against environmental goals. Donnelly indicated that the Niagara Escarpment Plan land

use designations for the subject site are obsolete and must be updated using the best

available science, adding the designation should be changed to “Escarpment Protected” in


order to protect the important natural heritage features of the Mount Nemo Plateau.

Donnelly recommended the land use designation be updated in tandem with the Joint

Board hearing. (CD-69)

Sarah Harmer, Chair, Protecting Escarpment Rural Land (PERL), P.O. Box 40572,

Burlington L7P 4W1, reported that she grew up in the Mount Nemo plateau and that the

area should be protected due to its water, wetlands and class one farmland. Harmer noted

the area offers both recreational and stewardship opportunities and questioned Nelson

Aggregate Co.’s image as a good corporate citizen. Harmer indicated that the aggregate

industry is responsible for 5% of global greenhouse emissions and added that Nelson’s

proposal will involve 15-20 years of extraction before rehabilitation occurs. Harmer

added that Mount Nemo will be left out of Burlington’s future if an industrial path is

taken for the area. Harmer concluded that consideration of the company’s future

expansion should be given beyond the subject application and advised there will be no

deferral of accountability to future generations. (CD-70)

Roger Goulet, Executive Director, Protecting Escarpment Rural Land (PERL), P.O. Box

40572, Burlington L7P 4W1, reported that he supports the conclusions of the Joint

Agency Review Team’s (JART) report and supports the subject staff recommendation.

Goulet advised that JART found serious problems with the complex and incomplete

application submitted by Nelson Aggregate Co., adding that the Mount Nemo Plateau is

the wrong place for a quarry. Goulet indicated that PERL along with the Region of

Halton and Conservation Halton, supports the Burlington motion before the Joint Board

that the application is incomplete. Goulet noted that the proposal for a quarry extension

is contradictory to the Provincial Policy Statement, Burlington Official Plan and

environmental related legislation. Goulet commented that a quarry is a permanent use

and that if a license is granted for the extension, rehabilitation of the existing quarry will

be delayed for decades. Goulet concluded that the existing quarry must be closed and

rehabilitated as required by law before water quality and ground water levels are further

compromised. (CD-71)

Marty Best, Food & Beverage Manager, representing Burlington Springs Golf Course,

5235 Cedar Springs Road, Burlington, L0P 1B0, reported that the golf course opened

next to the existing quarry in 1963. Best advised that the golf course is a family owned

business that has never experienced problems with the quarry. Water at the golf course

that comes from the quarry is frequently tested and no problems have been found with it.

Best noted that the bottom of the quarry has clean lakes and fish and that nearby housing

sales have not been negatively affected by the existence of quarry or its operations. Best

concluded that PERL does not speak for all Mount Nemo residents, adding there are a

number of people who both live and work in the area who support the quarry extension.

(CD-72)

John Hutter, Vice President of Operations, King Paving and Material Co., 3385 Harvester

Road, Burlington, L7R 3Y5, reported that King Paving has served the Burlington and

Halton Region area for many years and has relied on Nelson Aggregate Co. to provide

high quality aggregate materials for many of its road and sewer construction projects.

Hutter noted that King Paving trucks most of its materials itself adding that using the

locally produced products of Nelson enables King Paving to keep its prices competitive


and minimizes fuel consumption and tire ware. Hutter recommended Council not

approve the staff recommendation. (CD-73)

Karen Copeland, 2264 Britannia Road, RR3 Campbellville, L0P 1B0, reported that she

has been a Mount Nemo resident for many years and has always considered Nelson

Aggregate Co. to be a good neighbour. Copeland advised that Nelson has often helped

out neighbouring residents when driveways needed to be ploughed, has picked up

garbage on earth day and has offered donations and prizes to many local causes.

Copeland stated she is tired of the negativity that has been directed at the quarry, adding

that it will leave a legacy of fresh water and ground habitat for future generations through

its rehabilitation efforts. Copeland recommended committee not approve the staff

recommendation. (CD-74)

Al Retz, Burlington, reported that he moved to the Mount Nemo area in the 1970s and

has had both business and personal dealings with the quarry owners over the years. Retz

advised that Nelson Aggregate Co. has been a good corporate citizen and further noted

that the jobs it provides are needed within Burlington. Retz recommended committee not

approve the staff recommendation. (CD-75)

Allison Macellan, 2349 Coldstream Drive, Burlington, L7P 3T2, reported that she

understands the need for environmental conservation, but questioned what would happen

to the quality of life of people who are employed by Nelson Aggregate Co. if they lose

their jobs because the application is not approved. Macelland advised that not permitting

the quarry extension will affect drivers and independent brokers as companies will have

to haul aggregates extra distances, adding that 60% of aggregate costs are based on

transportation costs. Macellan noted that jobs put food on tables and that the economic

costs of not approving the application need to be explored. Macellan recommended

committee not approve the staff recommendation. (CD-76)

Brian Zeman, MHBC Planning, 13 Poyntz Street, Barrie, L4M 3N6, reported that the

majority of the designated aggregate areas of Burlington are in the Mount Nemo plateau

and that most of these aggregate areas are constrained by other land uses. Zeman

advised that rehabilitation will enhance the natural system of the site, noting that when

the extension commences, 85% of the quarry faces and 60% of the quarry floor will be

rehabilitated on the existing site. Zeman indicated that on-site environmental and

agricultural features should not preclude access to the aggregate resource. Zeman stated

that the application deals with the extension of an established use and that the majority of

the extraction area will be located more than 500 m from adjacent residences. Zeman

recommended committee not approve the staff recommendation, commenting that the

city requires aggregate to build and maintain its infrastructure and that without the

extension Burlington will not have its own source of construction aggregate. (CD-77)

Tom Hilditch, President, Savanta Inc., 58 Welstead Drive, St. Catharines, L2S 4B2,

reported that he has conducted studies for Nelson Aggregate Co. throughout the broader

study area over a period of years and multiple seasons, noting that the extraction area

includes farmland, plantation and a small woodland with two wetland units. Hilditch

advised that the proposal retains 96% of the 15 wetland units within the Grindstone Creek

Complex and that a 30 m protective buffer is adequate to conserve features and functions.


Hilditch indicated that the two Species at Risk (butternut tree and Jefferson Salamander)

occur within the subject lands, noting that the woodlands and wetlands adjacent to the

egg laying sites of the Jefferson Salamander are protected from extraction. Hildicth

futher commented that the proposed ecological restoration and rehabilitation will improve

the area and connectivity of salamander habitat. The eleven butternut trees are proposed

for removal or transplanting. Hilditch stated that a quarry will lead to the long term

establishment of a system of linked terrestrial habitat, a lake with shoreline wetlands,

exposed cliff and forested shoreline. Hilditch concluded that the proposed quarry will

remove some farmland but that rehabilitation plans will lead to a net gain in the

ecological functions of the local landscape. (CD-78)

Steve DiBiase, Golder Associates Ltd., 2390 Argentia Road, Mississauga, L5N 5Z7,

highlighted the main hydrogeological issues identified in the staff report and commented

on the effect of quarry dewatering. DiBiase advised that no discernable well drawdown

is expected to occur north of Colling Road, along Cedar Springs Road or along No. 1

Sideroad as a result of the proposed quarry extension. DiBiase noted however, that a

clear response to quarry dewatering is expected in private wells within 400 m of the

proposed extension. DiBiase reported that Nelson Aggregate Co. has completed an

evaluation of potential impacts on local private wells and has committed to ensuring the

continued function of all domestic wells impacted within 2 km of the extraction footprint.

DiBiase indicated that the operation of very few wells is expected to be compromised by

dewatering in the proposed extension. (CD-79)

Norm Elmhirst, President, Nelson Aggregates, P.O. Box 1070, Burlington, L7R 4L8,

reported that of 295 wells in the area nearby the proposed quarry extension, 119 will have

water levels lowered by less than a foot, while 215 wells will have water levels lowered

by less than 3 feet. Elmhirst advised that Nelson Aggregate Co. takes well interference

problems seriously and commits to rectifying any well interference that results from

quarrying. Elmhirst stated that Nelson Aggregate Co.’s quarry proposal provides for

enhanced wildlife habitat, new fish habitat creation and habitat enhancement for species

at risk. Elmhirst commented that Nelson’s location and its processing equipment provide

ideal, ongoing recycling opportunities. Elmhirst indicated that the proposed extension

represents 15 years of future production and will provide upwards of 48 jobs at the

quarry, adding that the proposed quarry balances environmental, social and economic

concerns. Elmhirst recommended committee not approve the staff recommendation.

(CD-80)

PUBLIC MEETING:

PUBLIC MEETING NO. 14-2009 – APPROVAL OF CITY-INITIATED OFFICIAL PLAN

AMENDMENT TO CONFIRM THE DESIGNATED INTER-REGIONAL TRANSIT/

COMMUTER STATION – ALTON COMMUNITY

The Community Development Committee, in accordance with Section 21 of the Planning Act, as

amended, held Public Meeting No. 14 on October 26, 2009, to consider approval of a city-

initiated amendment to the Official Plan to confirm the transit/commuter station in the Alton

Community, and the removal of the two alternative designated inter-regional transit/commuter


stations. Having considered the oral and written comments from staff and the delegations, the

Community Development Committee approved recommendation PB-33-09 for consideration by

Council, as noted above.

Staff Overview:

Mike Greenlee, Senior Planner, reported that the subject recommendation is a follow up to a

report approved by Council in December 2008, dealing with the Alton inter-regional Transit

station site assessment. The December 2008 report recommended that the station in Alton be

confirmed on the north side of Dundas Street, east of Highway 407 (current GO Transit 407

Express Service lot and car pool facility) and that the two alternative transit/commuter station

locations in the Official Plan be removed including: the east side of Appleby Line, north of the

Ontario Hydro corridor and the southwest corner of Appleby Line and Highway 407. Greenlee

noted that the subject report provides the required amendment to the Official Plan to implement

the Council decision. Greenlee advised that the Dundas Street/Highway 407 option is an

excellent location from a land use planning perspective and in the context of its proximity to the

Alton community neighbourhoods south of Dundas Street. It is a prime location as developable

land remains east of Walker’s Line where there is potential to create a development mix and

intensity that can benefit from convenient access to efficient transit services. Greenlee

concluded that considerable site assessment of the alternative options was undertaken by staff

along with dialogue with the Ministry of Transportation and Mextrolinx. Staff recommends

approval of the Official Plan Amendment.

For the purposes of the Planning Act requirements, the following person(s) made oral

submissions:

Martin Lavictoire, 1307 Leighland Road, Burlington, L7R 3S6, questioned whether the

location for the transit/commuter station on the north side of Dundas Street, east of

Highway 407 was the best location for Burlington Transit or its users. Lavictoire further

questioned whether the transit/commuter station would have the amenities outlined by

Metrolinx, how it fits with the City’s Transit Plan and whether it could adequately serve

Burlington as the city grows. Lavictoire noted there is considerable public interest in the

issue. (CD-81)

For the purposes of the Planning Act requirements, the following person(s) made written

submissions: None.

STAFF REMARKS: None.

COUNCIL REMARKS: None.

ADJOURNMENT: 6:05 p.m., Wednesday, October 28, 2009.


BUDGET & STRATEGIC

PLANNING COMMITTEE

REPORT NO. 8-09

RECOMMENDATIONS TO

COUNCIL MEETING OF

NOVEMBER 9, 2009

DATE OF MEETING: Tuesday October 27, 2009.

PLACE OF MEETING: Council Chambers, Level 2, City Hall at 1:00

p.m.

MEMBERS PRESENT:

Councillors Rick Craven (Chair), Peter Thoem,

John Taylor, Jack Dennison, Rick Goldring,

Carol D’Amelio and Mayor Cam Jackson.

STAFF PRESENT:

Roman Martiuk, Scott Stewart, Kim Phillips,

Steve Zorbas, Joan Ford, Carol Nagy, Ron

Steigenga, Fleance Ho and Danielle Pitoscia

(clerk).


RECOMMENDATIONS:

ONE STAFF DIRECTION:

DIRECTION TO WORK WITH JOSEPH BRANT MEMORIAL HOSPITAL TO CONDUCT A

CITY WIDE SURVEY

THAT the Acting General Manager of Corporate Services be directed to work with

Joseph Brant Memorial Hospital to conduct a statistically valid citywide survey on

resident’s attitudes towards a dedicated tax levy to support the City’s share

contribution required for the renewal and expansion of Joseph Brant Memorial

Hospital. (Councillor Taylor) (BP-9-09)

FOUR ITEMS FOR RECEIPT:

THAT the following four items, having been given due consideration by the Budget and Strategic

Planning Committee, be received and filed:

Correspondence from Peter D. Vankessel, Chair, Board of Governors, Joseph Brant

Memorial Hospital regarding the Joseph Brant Memorial Hospital funding request. (BP-

8-09, dated October 13, 2009)

Powerpoint Presentation from Eric Vandewall concerning Joseph Brant Memorial

Hospital Redevelopment and Expansion Project – Feasibility Study and Local Share

Plan. (BP-10-09, October 27, 2009)


Powerpoint Presentation from Chris McGarvey concerning Joseph Brant Memorial

Hospital Redevelopment and Expansion Project – Quality, Safety, and Leading

Practices enabled through Healing Environments. (BP-11-09, October 27, 2009)

Regional Municipality of Halton report concerning Hospital Funding (BP-12-09,

October 7, 2009)



AUDIT COMMITTEE

REPORT NO. 8-09

RECOMMENDATIONS TO

COUNCIL MEETING OF

NOVEMBER 9, 2009

DATE OF MEETING: Tuesday, October 27, 2009

PLACE OF MEETING: Council Chambers, Level 2, City Hall at

3:33 p.m. (Public), 3:38 p.m. (Closed), 4:25

p.m. (Public).

MEMBERS PRESENT:

Councillors Rick Craven (Chair), Rick

Goldring, Carol D’Amelio, Mr. Neil Bryson,

and Mayor Cam Jackson (arrived at 3:40 p.m.).

OTHERS PRESENT:

Councillor Thoem.

STAFF PRESENT:

Roman Martiuk, Sheila Jones, Kim Phillips,

Steve Zorbas, Bruce Krushelnicki, Nancy Shea

Nicol and Deb Caughlin (Clerk).


RECOMMENDATIONS:

ONE ITEM FOR CONSIDERATION:

APPROVAL OF DIRECTIONS REGARDING CITY AUDITOR REPORT OF INTERNAL

CONTROL AND COMPLIANCE ISSUE

The City Clerk and City Auditor be directed to proceed in accordance with the

instructions contained in Item 1 as outlined under potential committee recommendations

of the City Auditor’s report CA-11-09, dated October 15, 2009. (CA-11-09)

ONE ITEM FOR RECEIPT:

THAT the following one item, having been given due consideration by the Audit Committee, be

received and filed:

Report providing an update on the City Auditor’s 2009 Audit Work Plan Status. (CA-12-

09, October 7, 2009)

STAFF DIRECTIONS: None.



MOTION TO ADOPT RECOMMENDATIONS FROM STANDING COMMITTEES:

THAT the following reports:

Special Community & Corporate Services Committee Report No. 17-09

Meeting of October 22, 2009. As presented/amended

Joint Community Development and Community Report No. 16-09

and Corporate Services Committee As presented/amended


Community Development Committee Report No. 17-09

Meetings of October 26 and 28, 2009. As presented/amended

Budget & Strategic Planning Committee Report No. 8-09


Audit Committee Report No. 8-09


be hereby adopted.

REPORTS OF MUNICIPAL OFFICERS:

Confidential Legal Department report concerning a litigation matter.

File: 505-11/04 (L-55/09, November 6, 2009)

Note: Limited distribution under separate cover.

Confidential Legal Department report providing legal advice.

File: 540-01 (L-57/09, November 5, 2009)

Note: Limited distribution under separate cover.

MOTION TO RECEIVE AND FILE COUNCIL INFORMATION PACKAGES:

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

be received and filed:

October 16, 30 and November 6, 2009.

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

81-2009 A By-law to establish a reserve fund for the purpose of funding future

expenditures related to the maintenance, preservation, restoration, and

management of the Naval Memorial Monument, Ward 2.

File: 960-01 (PR-33-09)

82-2009 A by-law to adopt Official Plan Amendment No. 77 to The Official Plan (1994) of

the Burlington Planning Area, to confirm the transit/commuter station in the Alton

community and to remove the two alternative designated inter-regional

transit/commuter stations, Ward 6.

File: 505-02/09 (PB-33-09)

CONFIRMATION BY-LAW:

THAT By-law Number 83-2009, being a by-law to confirm the proceedings of Council at its

meeting held Monday, November 9, 2009, 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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