Regular Meeting of Council

the minutes of the following meeting of Council:

section 36.2 of the procedure by-law to allow item 17.4 Burlington Performing Arts Centre - Board Governance Review to be added this meeting of Council November 14, 2023.

the 2024 rates and fees as outlined in finance department report F-36-23, effective January 1, 2024 unless otherwise indicated; and Enact By-Law 72-2023, substantially in the form attached as Appendix A to finance department report F-36-23, in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel; and Direct the Director of Recreation, Community and Culture to review Recreation, Community and Culture rates and fees, related to assisting groups with special needs; and review beach permitting off season, and report back to the next Committee Cycle in December 2023. (SD-42-23)

the Director of Recreation, Community and Culture to review Recreation and Community Culture rates and fees, related to assisting groups with special needs; and review beach permitting off season, and report back to the next Committee Cycle in December 2023. (SD-42-23)

the Director of Community Planning to consider Council, agency, development partner and community feedback received as part of this statutory public meeting, prior to bringing forward a subsequent staff report recommending adoption of Official Pan Amendment No. 2 and Community Planning Permit By-law in December 2023; and Receive and file the technical documents completed as of October 31, 2023 (Appendices C-D) as follows: Transportation Assessment (September, 2023), as prepared by Dillon Consulting, and contained in Appendix C of community planning department report PL-59-23; Functional Servicing Study (July, 2023), as prepared by WSP, and contained in Appendix D of community planning department report PL-59-23. Direct the Director of Engineering Services to work with Conservation Halton to expedite a study to assess and evaluate potential solutions (e.g., infrastructure, policy) to mitigate or reduce flood hazard risks, build climate change resiliency, and support growth and development in the Burlington GO MTSA and Downtown areas (that are included within the Phase 2 study area), recognizing the highly urbanized nature of the watershed and historic Conservation Halton and City flood mitigation measures. The analysis shall include an examination of the future role and function of the Hager-Rambo Diversion Channel and other features within the Sub-Watershed Study Area. Similar studies are to be undertaken for the East Burlington Creeks study areas, following the initiation of

the Director of Engineering Services to work with Conservation Halton to expedite a study to assess and evaluate potential solutions (e.g., infrastructure, policy) to mitigate or reduce flood hazard risks, build climate change resiliency, and support growth and development in the Burlington GO MTSA and Downtown areas (that are included within the Phase 2 study area), recognizing the highly urbanized nature of the watershed and historic Conservation Halton and City flood mitigation measures. The analysis shall include an examination of the future role and function of the Hager-Rambo Diversion Channel and other features within the Sub-Watershed Study Area. Similar studies are to be undertaken for the East Burlington Creeks study areas, following the initiation of the aforementioned study; and Direct the Director of Engineering Services and the Executive Director of Community Planning to report back by Q1-2024 with a workplan to expedite a comprehensive review of the Phase 2 Study Area, inclusive of engagement with the public and development community on the initiated studies; and Direct the Director of Community Planning to undertake any necessary updates to schedules or overlays within the City’s Official Plan and/or Zoning By-Law to reflect the latest up-to-date flood hazard mapping, subject to the findings of the study

Option 2 as the 2024 calendar of meetings for Council and standing committees attached as Appendix A to office of the city clerk report CL-20-23; and Amend the 2024 calendar by moving the meetings the week of November 11, 2024 forward 1 week as follows: Budget meeting November 18, 2024 and November 21, 2024 City Council meeting November 19, 2024.

the 2024 calendar by moving the meetings the week of November 11, 2024 forward 1 week as follows: Budget meeting November 18, 2024 and November 21, 2024 City Council meeting November 19, 2024.

the following minutes:

and file finance department report F-25-23 providing growth assumptions for the new Development Charges Background Study and Community Benefits Strategy, including Appendix A, 2024 Draft DC Growth Forecast developed by Watson & Associates Economists Ltd. (Watson).

the following members to the Burlington Downtown Business Association (BDBA) Board of Directors for a term to expire on November 14, 2026, or upon appointment of their successor: •Naiomi Gardner •Dareen Kuchma •Dale Gray

the report regarding Eligibility of 400 Brant Street for Heritage Designation (PL-67-23) to Community Planning, Regulation and Mobility Committee in Q1 of 2024 to come back with the balance of item 12.4 e.

the Director of Community Planning to provide any additional comments on Appendix A – Comments on “Greenbelt Statute Amendment Law Submission” based on feedback at the November 14 Council meeting and submit comment to the Environmental Registry of Ontario (ERO) in advance of the November 30, 2023 commenting deadline; and Direct the Director of Community Planning to prepare comments to the Minister of Municipal Affairs and Housing for the December 5, 2023, Community Planning, Regulation & Mobility Committee Meeting based on the feedback received at the November 14, 2023, meeting of Council regarding the Minister’s announcement to rescind the modifications to ROPA 49; and Direct the Director of Community Planning to prepare a response to the letter received from the Minister of Municipal Affairs and Housing regarding Provincial Decisions on Municipal Official Plans / Official Plan Amendments requesting that the Province retain the Minister’s amendments to Regional Official Plan Amendment 49; and That the Director of Community Planning continue to work collaboratively with the respective ROPA 49 landowners in advancing the City’s interests through the completion of future secondary and site specific land use planning and development approval processes or equivalent . In so doing, priority will be given to achieving the City’s community responsive growth management objectives and long-term community development goals related to achieving vibrant mixed use people oriented communit

the Director of Community Planning to prepare a response to the letter received from the Minister of Municipal Affairs and Housing regarding Provincial Decisions on Municipal Official Plans / Official Plan Amendments requesting that the Province retain the Minister’s amendments to Regional Official Plan Amendment 49; and That the Director of Community Planning continue to work collaboratively with the respective ROPA 49 landowners in advancing the City’s interests through the completion of future secondary and site specific land use planning and development approval processes or equivalent . In so doing, priority will be given to achieving the City’s community responsive growth management objectives and long-term community development goals related to achieving vibrant mixed use people oriented communities inclusive of the following elements as outlined in the letter to the Minister of Municipal Affairs from Mayor Meed Ward dated April 14 2023: economic benefits including future employment targets that increased future property assessment growth. social benefits including affordable and attainable housing, public parks and greenspace and community facilities and amenities. environmental benefits including climate change, natural heritage preservation and enhanced integrated mobility.(SD-41-23)

the following closed session mintues:

the Niagara Escarpment, from Queenston in the south to Tobermory in the north, has been recognized by the United Nations Educational, Scientific and Cultural Organization (UNESCO) as a World Biosphere since 1990; and Whereas the Niagara Escarpment Biosphere (NEB) provides a range of very positive returns to Ontarians, including but not limited to promoting biodiversity, open landscape, agriculture and agri-tourism, traditional Indigenous knowledge and cultural history, eco-system services, a living laboratory for learning, carbon sequestration, climate change mitigation and adaptation; and Whereas the NEB is integral to the protection and enhancement agenda for the Great Lakes, especially since several of Ontario’s major riverine systems have their headwaters within the NEB that in turn feed into each of Lake Huron, Lake Erie, Lake Ontario and Georgian Bay; and Whereas oversight of the NEB has successfully transitioned from the Ontario governmental agency, the Niagara Escarpment Commission to a citizen-centred, not-for-profit organization, namely the Niagara Escarpment Biosphere Network (NEBN); and Whereas the NEBN has been established as a Co-Leadership model between Indigenous and Non-indigenous leaders, with a key objective of establishing the future direction of the NEBN as a model of delivering on the worthy goals of Canada’s Truth and Reconciliation Commission as well as a demonstrated commitment to the United Nation’s Declaration on the Rights of Indigenous Peoples; an

in Ontario, there has been a 112% increase in auto thefts over the past five years with burglaries rising 49% in 2022 alone according to the Insurance Bureau of Canada (IBC); and Whereas in Burlington, vehicle theft claims increased 83% from 2021 to 2022, the third highest increase in Ontario; and Whereas the provincial government has announced auto theft preventative measures in their Fall Economic Statement through an investment of $51 million to investigate and prosecute criminal organizations that profit from stolen vehicles, with an additional $1.4 million allocated to the Toronto Area‐Greater Golden Horseshoe Investigative Fund to provide police services with cutting‐edge technology needed to combat auto theft; and Whereas all levels of government as well as police departments, community safety groups and auto manufacturers need to work together to tackle this auto theft crisis in Ontario and across Canada; and Whereas Burlington City Council endorses the Halton Police Board resolution for an Auto Theft Advocacy Approach, adopted on July 6, 2023, and included in the Burlington Council Information Package of Nov. 10, 2023 (attached as Appendix A); Therefore be it resolved that Burlington Council call on the federal government to provide a more robust anti auto theft program that supports law enforcement agencies and municipalities in the form of funding, resources, and legislation to combat auto theft; and That this program include more funding to the Canadian Border Ser

recent studies and assessments completed by the City of Burlington and Conservation Halton identify flood hazards on portions of the Downtown Burlington Urban Growth Centre/Burlington GO Major Transit Station Area (MTSA) and the Appleby MTSA; and Whereas downtown Burlington has historically been susceptible to flooding that was collectively addressed by the Province, Conservation Halton and the City with the construction of the Rambo/Hager Highway 407 Diversion and flood control system to protect these lands from flooding; and Whereas provincial policy generally directs development away from hazardous lands as per Section 3.1 of the Provincial Policy Statement, 2020 (PPS); and Whereas the Downtown Burlington Urban Growth Centre/Burlington GO MTSA and the Appleby MTSA are identified as strategic growth areas; and Whereas Burlington City Council is committed to accommodating its share of growth and has unanimously signed on to the Provincial Housing Pledge for 29,000 homes by 2031; Therefore, recognizing conflicting guidelines from the Province, be it resolved that Burlington City Council, request the Province (Minister of Municipal Affairs & Housing and Minister of Natural Resources & Forestry) to: Work with City of Burlington and Conservation Halton staff to discuss competing provincial objectives and policies related to growth/development and natural hazards in order to explore policy solutions to address this challenge as outlined in Section 3.1 of the Provincial Policy Sta

section 38.1 of the procedure by-law to allow item 17.4 Burlington Performing Arts Centre - Board Governance Review to be discussed at this meeting of Council November 14, 2023.

That Council authorize that the continuation and/or extension of the lease between the City and Burlington Performing Arts Centre and the release of any funding to BPAC that may be approved as part of the 2024 Budget be contingent on BPAC undergoing, with City’s involvement and direction, the following: an independent governance review, as more particularly detailed below (the “Governance Review”), to commence by the end of November and be completed by no later than March 31, 2024, and implementing any recommendations of that review to the satisfaction of the City Manager and the Executive Director of Legal Services and Corporation Counsel, and: That the Independent reviewer be single sourced by the city and the cost and expense of the governance review be borne wholly by BPAC; and That the governance review be conducted by an independent consultant and include but not be limited to the following elements: Review of Governance Documentation of BPAC Conduct of Governance Interviews with BPAC Directors and Staff Delivery of Governance Assessment Report to BPAC Board and the City of Burlington Council.

and file Information items, having been considered by Council:

FAVOUR: (7) Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna

and pass By-law Number 73-2023 being a by-law to confirm the proceedings of Council at its meeting held November 14, 2023 being read a first, second and third time.

11:20 (recess), 11:23 (reconvene),11:58 (recess), 12:05 (reconvene), 12:20 (recess), 1:20 (reconvene) Adjourn this Council now to meet again at the call of the Mayor. 2:25 p.m.