Committee of the Whole Meeting
Minutes
Meeting #:
Date:
Monday, April 03, 2017
Time:
1:00 p.m.
Location:
Council Chambers Level 2, City Hall
Members Present:Marianne Meed Ward (Chair), John Taylor, Rick Craven, Jack Dennison, Paul Sharman, Blair Lancaster, and Mayor Rick Goldring
  
Staff Present:James Ridge, Joan Ford, Laura Boyd, Chris Glenn, Allan Magi, Angela Morgan, Nancy Shea-Nicol, Mary Lou Tanner, David Thompson (Audio/Video Specialist), and Jo-Anne Rudy (Clerk)
Visited1.Declarations of Interest:

​None.

Visited2.Delegation(s):
Visited2.1Anne and Dave Marsden representing Community Health, Safety and Access Advocates spoke to the annual report from Burlington Ombudsman. (CL-09-17)
1.CL-09-17 Marsden correspondence.pdf
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Visited2.2Tim Park representing the Burlington Sustainable Development Committee spoke to the Sustainable Development Committee 2016 annual report. (CW-09-17)
Visited2.3John Searles spoke to the proposed amendments to Procedure By-law 64-2016. (CM-06-17)
Visited2.4Denise Davy spoke to the Halton District School Board Program and Accommodation Review Process. (COW-3-17)
Visited3.Consent Items:
Visited3.1Burlington Cycling Advisory Committee 2016 annual report (CL-10-17)
1.CL-10-17 Cycling 2016 Annual Report.pdf
2.CL-10-17 Appendix A .pdf
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Moved byCouncillor Dennison

Receive and file clerks department report CL-10-17 providing the Burlington Cycling Advisory Committee’s 2016 annual report and 2017 objectives.

CARRIED
Visited3.2Accountability and Transparency Policy (CL-11-17)
1.CL-11-17, Accountability and Transparency Policy.pdf
2.CL-11-17 Appendix A.pdf
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Moved byCouncillor Lancaster

Approve the Accountability and Transparency policy attached as appendix A to clerks department report CL-11-17.

CARRIED
Visited3.32017 proposed budget and tax levy for the Aldershot Village BIA (F-08-17)
1.F-08-17 2017 BIA Budget-Aldershot.pdf
2.F-08-17 Appendix A.pdf
3.F-08-17 Appendix B.pdf
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Moved byCouncillor Sharman

Approve the 2017 proposed budget for the Aldershot Village Business Improvement Area (BIA) as presented in Appendix A of finance department report F-08-17 incorporating an Aldershot Village BIA members’ levy of $125,300; and

Authorize the Director of Finance to incorporate the resulting Aldershot Village BIA tax rates into the 2017 Tax Levy By-Law.

CARRIED
Visited3.42017 proposed budget and tax levy for the Burlington Downtown BIA (F-07-17)
1.F-07-17 2017 BIA Budget-Downtown.pdf
2.F-07-17 Appendix A.pdf
3.F-07-17 Appendix B.pdf
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Moved byCouncillor Sharman

Approve the 2017 proposed budget for the Burlington Downtown Business Improvement Area (BIA) as presented in Appendix A of finance department report F-07-17 incorporating a Burlington Downtown BIA members’ levy of $741,900; and

Authorize the Director of Finance to incorporate the resulting Burlington Downtown BIA tax rates into the 2017 Tax Levy By-Law.

CARRIED
Visited3.5Operating budget performance as at December 31, 2016 (F-15-17)
1.F-15-17 Operating Budget Performance .pdf
2.F-15-17 Appendix A.pdf
3.F-15-17 Appendix B .pdf
4.F-15-17 Appendix C .pdf
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Moved byCouncillor Dennison

Receive and file finance department report F-15-17 regarding the operating budget performance as at December 31, 2016.

CARRIED
Visited3.6Tender award by delegated authority for South Service Road area (CW-24-17)
1.CW-24-17 Revised Limit for Tender Award by Delegated Authority.pdf
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Moved byCouncillor Sharman

Approve a one-time exception to the Procurement By-law 19-2014 Section 24.4 to remove the Delegated Authority contract award limit for Contract CW-17-08 South Service Road – various streets rehabilitation in order to award the contract by a delegated authority report.

CARRIED
Visited3.7Community partner playground agreement with KaBOOM! (PR-09-17)
1.PR-09-17 Build It With KaBOOM! .pdf
2.PR-09-17 Appendix A.pdf
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Moved byCouncillor Sharman

Authorize the Mayor and City Clerk to sign the Community Partner Playground Agreement with KaBOOM! for the construction of a playground at Bolus Park which is outlined in parks and recreation report PR-09-17 and included as Appendix A, subject to the satisfaction of the City Solicitor.

CARRIED
Visited4.Regular Items:
Visited4.1Annual report from Burlington Ombudsman (CL-09-17)
1.CL-09-17 Annual report Burlington Ombudsman.pdf
2.CL-09-17 Appendix A .pdf
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Moved byMayor Goldring

Receive and file clerks department report CL-09-17 providing the annual report from ADR Chambers, Ombudsman for the City of Burlington.

CARRIED
Visited4.2Sustainable Development Committee 2016 annual report (CW-09-17)
1.CW-09-17 Sustainable Development Committee Annual Report.pdf
2.CW-09-17 Appendix A.pdf
3.CW-09-17 Appendix B .pdf
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Moved byCouncillor Sharman

Receive and file capital works report CW-09-17 providing the Sustainable Development Committee’s 2016 annual report.

CARRIED
Visited4.3Licence agreement with Edge Hospitality (PR-08-17)
1.PR-08-17 Licence Agreement - Edge Hospitality .pdf
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Moved byCouncillor Dennison

Approve the single sourcing of Edge Hospitality to provide banquet and conference services at LaSalle Pavilion for the period 2017 to 2022 inclusive; and

Authorize the Mayor and City Clerk to enter into an agreement with Edge Hospitality for the exclusive operation of LaSalle Pavilion between 2017 and 2022 subject to the satisfaction of the Director of Parks & Recreation, Director of Finance and City Solicitor.

CARRIED
Visited4.4Proposed amendments to Procedure By-law 64-2016 (CM-06-17)
1.CM-06-17.pdf
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Moved byCouncillor Craven

Amend By-law 64-2016 in accordance with the proposed amendments as contained in city manager’s report CM-06-17; and

Direct the City Clerk to bring forward a by-law to amend By-law 64-2016 to the Council meeting of April 18, 2017.

CARRIED
Visited4.5Asset Management Plan (CW-22-17)
1.CW-22-17 Asset Management Plan.pdf
2.CW-22-17 Appendix A .pdf
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Moved byCouncillor Sharman

Receive and file the 2016 Asset Management Plan, attached as Appendix A to capital works department report CW-22-17.

CARRIED
Visited4.6Halton District School Board Program and Accommodation Review Process (COW-3-17)
1.COW-3-17 Memorandum.pdf
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Moved byCouncillor Sharman

Whereas, the Provincial Government made changes to the Pupil Accommodation Review Guidelines in 2015; and

Whereas, the current Halton District School Board Program Accommodation Review underway in Burlington has created extensive angst in the community; and

Whereas, there has been extensive concern with many aspects of the  Accommodation Review process, particularly the requirement that the Board provide an initial recommendation, and consequently the functioning of the Program Accommodation Review Committee; and

Whereas, the decision to close schools, being a complex matter, should have accomplished:

  • a clear understanding of the purpose and objectives of a Program Pupil Accommodation Review
  • improved community consultation
  • an Accommodation Review Committee model that is inclusive of the broader community
  • no adverse impact on the educational experience of all students
  • consideration of the impact on the community


Therefore, be it resolved that the Council of the City of Burlington:
 
Request that the Province of Ontario suspend all current school closure reviews in Burlington until the Program Accommodation Review Guidelines are modified to address the significant process concerns that have been raised; and

Provide copies of this motion to Honourable Kathleen Wynne, Premier of Ontario; the Honourable Mitzie Hunter, Minister of Education, MPP; Eleanor McMahon, Minister of Tourism, Culture and Sport, MPP; Indira Naidoo-Harris, Minister of Women’s Issues, MPP, Patrick Brown, Leader of the Conservative Party of Ontario, MPP and Andrea Horwath, Leader of the Provincial New Democratic Party.

LOST
Visited5.Confidential Items:
Visited5.1Contingency report as at January 31, 2017 (F-17-17)
Moved byCouncillor Lancaster

Receive and file finance department report F-17-17 regarding the contingency report as at January 31, 2017.

CARRIED
Visited5.2Quarterly litigation update (Nov. 1, 2016 to Jan. 31, 2017) (L-1-17)
Moved byCouncillor Lancaster

Instruct the City Solicitor or her designate to proceed in accordance with the instructions sought in matters 8, 11, 12, 13 and 14; and

Receive and file the balance of legal department report L-01-17 providing a quarterly litigation update.

CARRIED
Visited5.3Confidential legal advice respecting workplace harassment (L-2-17)

Receive and file legal department report L-02-17 regarding legal advice concerning workplace harassment.

CARRIED
Visited5.4Confidential land and real estate matters (L-3-17)
Moved byCouncillor Lancaster

Approve recommendations contained in sections 1 to 3 in confidential legal department report L-03-17 concerning land and real estate matters; and

Authorize the Mayor, City Clerk and staff to execute any documents in connection with these matters, subject to the satisfaction of the City Solicitor.

CARRIED
Visited6.Procedural Motions:
Visited6.1Motion to suspend the rules of procedure
Moved byCouncillor Sharman

Suspend the rules of procedure in order to allow consideration of a motion regarding the Halton District School Board program and accommodation review process, in accordance with procedure by-law 64-2016 s. 31.4.

CARRIED
Visited6.2Motion to suspend the rules of procedure
Moved byCouncillor Sharman

Suspend the rules of procedure to allow a non-registered delegation to speak regarding the Halton District School Board program and accommodation review process (COW-3-17), in accordance with procedure by-law 64-2016 s.37.6.

CARRIED
Visited6.3Motion to proceed into closed session
Moved byCouncillor Dennison

Move into closed session in accordance with the following provisions under the Municipal Act:

  • Section 239 (2)(e) litigation or potential litigation affecting the municipality or local board, including matters before administrative tribunals, with respect to legal department report L-1-17 regarding the quarterly litigation update;
  • Section 239 (2)(b) personal matters about an identifiable individual, with respect to legal department report L-2-17 regarding legal advice on workplace harassment;
  • Section 239 (2)(c) proposed or pending acquisition or disposition of land by the municipality or local board, with respect to legal department report L-3-17 regarding confidential land and real estate matters.
CARRIED
Visited7.Information Items:
Moved byCouncillor Sharman

Receive and file the following two items, having been given due consideration by the Committee of the Whole.

CARRIED
Visited7.1Presentation from staff regarding Asset Management Plan (CW-22-17)
1.CW-22-17 Presentation.pdf
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Visited7.2Delegation material from Anne and Dave Marsden concerning the annual report from Burlington Ombudsman (CL-09-17)
1.CL-09-17 Marsden correspondence(1).pdf
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Visited8.Staff Remarks:
Visited9.Committee Remarks:
Visited10.Adjournment:

3:20 p.m. (closed), 3:35 p.m. (public)

Chair adjourned the meeting at 3:37 p.m.

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