City of Hamilton
 
 
CITY COUNCIL
REVISED

20-026

Wednesday, November 25, 2020 at 9:30 A.m. - 10:30 A.m.

Due to the COVID-19 and the Closure of City Hall

All electronic meetings can be viewed at:

City’s Website: https://www.hamilton.ca/council-committee/council-committee-meetings/meetings-and-agendas

City's YouTube Channel: https://www.youtube.com/user/InsideCityofHamilton or Cable 14

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Call to Order

1.

APPROVAL OF AGENDA

(Added Items, if applicable, will be noted with *)

2.

DECLARATIONS OF INTEREST

3.

APPROVAL OF MINUTES OF PREVIOUS MEETING

3.1

November 11, 2020

4.

COMMUNICATIONS

4.1

Correspondence from the Town of Grimsby requesting support for their resolution respecting amendments to Schedule 11 of Bill 108 to remove the powers provided to the Local Planning Appeal Tribunal, retaining the authority for hearing certain

appeals by the Conservation Review Board and to return the authority for final decisions to municipal council's as the elected representatives of the communities wherein the property and its features of cultural heritage value exist.

Recommendation: Be received.

4.2

Correspondence from the Township of Amaranth requesting support for their resolution respecting rescinding of the proposed changes regarding ranked ballot voting and the nomination period included as part of Bill 218.

Recommendation: Be received.

4.3

Correspondence from the Municipality of Meaford requesting support for their resolution respecting Bill 218, Supporting Ontario's Recovery and Municipal Elections Act.

Recommendation: Be received.

4.4

Correspondence from the Niagara Peninsula Conservation Authority (NPCA) respecting the execution of agreements with partner municipalities to facilitate shared services of Integrity Commissioners for complaints respecting the violation of

the NPCA's Code of Conduct.

Recommendation: Be received.

4.5

Correspondence from the Township of Garafraxa requesting support for their resolution requesting that the Province work with the Municipal Property Assessment Corporation to address the assessment issues so that aggregate resource properties are assessed

for their industrial value.

Recommendation: Be received.

4.6

Correspondence from the City of Brantford requesting support for their resolution respecting the proposed changes to the Municipal Elections Act, 1996 and requesting that the Province delay their decision until

the Province has received comments from the Association of Municipalities of Ontario, Large Urban Mayor's Caucus of Ontario, the Federation of Canadian Municipalities and municipalities.

Recommendation: Be received.

4.7

Correspondence from the Ministry of Municipal Affairs and Housing respecting the National Disaster Mitigation Program (NDMP).

Recommendation: Be received and referred to the Senior Leadership Team for appropriate action.

4.8

Correspondence from Ministry of Municipal Affairs and Housing respecting Enforcement of Orders under the Reopening Ontario Act, 2020.

Recommendation: Be received and referred to the General Manager of Planning and Economic Development for appropriate action.

4.9

Correspondence from Janet Linton respecting Report PW20071/PED20196, Road Safety Review and Appropriate Measures at York Road and Newman Road Intersection, requesting the deferral of the matter until the

Niagara Escarpment Commission has made their ruling.

Recommendation: Be received and referred to the consideration of Item (g)(i) of Public Works Committee Report 20-011.

4.10

Correspondence from Malwina Szczotka advocating for in-school speech therapy services for her 5 year old son:

4.10.a

November 16, 2020

4.10.b

November 19, 2020

Recommendation: Be received.

4.11

Correspondence from the Township of Howick requesting support for their resolution requesting that the Ministry of Agriculture, Food and Rural Affairs consider lower the interest rate on Tile Drain Loans.

Recommendation: Be received.

4.12

Correspondence from the Honourable Steve Clark, Minister of Municipal Affairs and Housing respecting the second intake for the Audit and Accountability Fund which will further support the City's efforts to find efficiencies, while delivering the services

residents and businesses rely on every day.

Recommendation: Be received and referred to the Senior Leadership Team for appropriate action.

4.13

Correspondence respecting Sidewalk Snow Removal.

4.13.a

Maureen McDougall

4.13.b

Sarah Bayliss

4.13.c

Shawn Smith

4.13.d

Alexandra Witek

4.13.e

Olivia Bozzo

4.13.f

Sidney Melko

4.13.g

Nicki Munro

4.13.h

Paige Hutchinson

4.13.i

Rachel Smiley

4.13.j

Frances Murray

4.13.k

Durand Neighbourhood Association

4.13.l

Nathalie Bouchard

4.13.m

Janice Brown and Linda Miocinovich

4.13.n

Lauren Stephen

4.13.o

Ani Chernier

Recommendation: Be received and referred to Item 4 of General Issues Committee Report 20-019.

4.14

Correspondence from Karl Grotke respecting a 2021 property tax increase.

Recommendation: Be received and referred to the 2021 Budget deliberations.

4.15

Correspondence from the Conservation Halton Board Members to the Honourable Doug Ford, Premier of Ontario; the Honourable Jeff Yurek, Minister of the Environment, Conservation and Parks and the Honourable Rod Phillips, Minister of Finance

respecting their response to the proposed amendment to the Conservation Authorities Act (CA Act), contained in Schedule 6, Bill 229.

Recommendation: Be received.

4.16

Correspondence from Nancy Martire respecting the new Automated Speed Enforcement System.

Recommendation: Be received.

4.17

Correspondence from Councillor Lloyd Ferguson, Chair and Lisa Burnside, CAO of the Hamilton Conservation Authority respecting the Hamilton Conservation Authority's preliminary response to the Province's 

proposed changes to the Conservations Authorities Act.

Recommendation: Be received.

4.18

Correspondence from the Ministry of Municipal Affairs and Housing respecting the Ontario Rebuilding and Recovery Act: Accelerating Infrastructure Initiatives Municipal Engagement.

Recommendation: Be received and referred to the Senior Leadership Team for appropriate action.

4.19

Correspondence from the City of St. Catharines requesting support for their resolution respecting the proposed changes to the Conservation Authorities in Bill 229.

Recommendation: Be endorsed.

4.20

Correspondence from the Honourable Christine Elliott, Deputy Premier and Minister of Health advising the City of Hamilton - Child and Adolescent Services that they will be receiving $70,000 in one-time funding for the 

2020-21 funding year to support community-based child and youth mental health services.

Recommendation: Be received and referred to the General Manager, Healthy and Safe Communities.

4.21

Correspondence from the Ombudsman of Ontario notifying the City of an Ombudsman's investigation respecting a Closed meeting complaint about a meeting held by the Hamilton Farmers' Market Corporation Board of Directors on September 28, 2020.

Recommendation: Be received.

4.22

Correspondence from Ombudsman of Ontario notifying the City of an Ombudsman's investigation respecting a Close meeting held by the Lesbian, Gay, Bisexual, Transgender and Queer Advisory Committee on October 20, 2020.

Recommendation: Be received.

4.23

Correspondence from Denis Page requesting that Council make the wearing of masks mandatory.

Recommendation: Be received.

4.24

Correspondence respecting e-bikes banned posted signs in Stoney Creek:

4.24.a

Lakewood Beach Community Council

4.24.b

Walter Cairns

Recommendation: Be received.

4.25

Correspondence from Ugo Penna respecting cameras for speeding in Hamilton.

Recommendation: Be received.

4.26

Correspondence from Lakewood Beach Community Council respecting the Niagara Regional Transit On Demand Pilot Project.

Recommendation: Be received and referred to the consideration of Item 5 of Public Works Committee Report 20-011.

4.27

Correspondence from Municipal Property Assessment Corporation (MPAC) respecting MPAC: 2021 Values and COVID-19.

Recommendation: Be received and referred to the General Manager of Finance and Corporate Services.

4.28

Correspondence from the Hamilton Conservation Authority respecting the Board's concerns with Bill 229: Protect, Support and Recover from COVID 19 Act (Budget Measures Act) - Schedule 6 - Conservation Authorities Act.

Recommendation: Be received and referred to the consideration of Item 7.1.

4.29

Correspondence from Emily Kulpaka respecting Covid Protocols and City Priorities.

Recommendation: Be received.

4.30

Correspondence from Mrs. S. Bonnallie respecting Tents in front of City Hall.

Recommendation: Be received.

5.

COMMITTEE REPORTS

5.1

Board of Health Report 20-007 – November 16, 2020

5.2

Public Works Committee Report 20-011 – November 16, 2020

5.3

Planning Committee Report 20-014 – November 17, 2020

5.4

General Issues Committee Report 20-019 – November 18, 2020

5.5

Audit, Finance and Administration Committee Report 20-011 – November 19, 2020

5.6

Emergency and Community Services Committee Report 20-010 – November 19, 2020

5.7

General Issues Committee (Rate Budget) Report 20-020, November 23, 2020 

5.8

Sole Voting Member of the Hamilton Farmers’ Market Report 20-002 - November 23, 2020

6.

MOTIONS

6.1

Amendment to sub-sections (c) and (d) to Item 7 of the Audit, Finance and Administration Committee Report 20-001, respecting Use of External Services for Tax Assessment & Appeals (FCS20005) (City Wide)

6.2

Amendment to Item 22 of the General Issues Committee Report 14-009, respecting Confidential Report CES14022, Acquisition of Property in Ward 3, which was approved by Council on April 23, 2014

7.

NOTICES OF MOTIONS

7.1

Bill 229 - Proposed Changes to the Conservation Authorities Act

8.

STATEMENTS BY MEMBERS

9.

PRIVATE AND CONFIDENTIAL

9.1

Closed Session Minutes - November 11, 2020

Pursuant to Section 8.1, Sub-sections (f) and (k) of the City's Procedural By-law 18-270, as amended; and, Section 239(2), Sub-sections (f) and (k) of the Ontario Municipal Act, 2001, as amended, as the subject matter pertains to the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board.

9.2

Potential for Major Events in 2022 and 2023 (PED20071(a)) (City Wide) REVISED

Pursuant to Section 8.1, Sub-sections (i) and (k) of the City's Procedural By-law 18-270, as amended; and, Section 239(2), Sub-sections (i) and (k) of the Ontario Municipal Act, 2001, as amended, as the subject matter pertains to a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization and a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the City of a local board.

9.3

Potential Regulatory Litigation Update (PW19008(j)/LS19004(j)) (City Wide)

Pursuant to Section 8.1, Sub-sections (e), (f) and (k) of the City's Procedural By-law18-270, as amended; and, Section 239(2), Sub-sections (e), (f), and (k) of the Ontario Municipal Act, 2001, as amended, as the subject matter pertains to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and, a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board.

9.4

Regulatory Litigation Matter (Verbal Update)

Pursuant to Section 8.1, Sub-sections (e), (f) and (k) of the City's Procedural By-law18-270, as amended; and, Section 239(2), Sub-sections (e), (f), and (k) of the Ontario Municipal Act, 2001, as amended, as the subject matter pertains to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and, a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board.

10.

BY-LAWS AND CONFIRMING BY-LAW

10.1

240

To Repeal and Replace By-law No. 19-112 Imposing a Sanitary Sewer Charge Upon Owners of Land Abutting Upper Mount Albion road from Centreline of Times Square Boulevard to South Limit of Lot 4, in the City of Hamilton

Ward: 9

10.2

241

To Impose a Sanitary Sewer Charge and Watermain Charge Upon Owners of Lands Abutting Arvin Avenue from McNeilly Road to Approximately 330 metres Westerly, in the City of Hamilton

Ward: 10

10.3

242

Respecting Removal of Part Lot Control, Part of Block 1, Registered Plan No. 62M-1255, municipally known as 16 and 18 Groom Lane; 11, 13, 15, 17, 19, and 21 Pim Lane; and 1, 3, 5, 7, 9, 13, 15, 23, 25, 27, 29, 31, 33, 35, and 27 Dresser Lane, Ancaster

PLC-18-014

Ward: 12

10.4

243

Respecting Removal of Part Lot Control, Part of Block 1 and Block 2, Registered Plan No. 62M-1241, “Foothills of Winona – Phases 2 and 3” municipally known as 4, 8, 12, 16, 20, 52 and 56 Sauvignon Crescent

PLC-20-008

Ward: 10

10.5

244

To Designate Land Located at 1021 Garner Road East, Ancaster, City of Hamilton as Property of Cultural Heritage Value

Ward: 12

10.6

245

To Permanently Close and Sell Block 156 and Block 157 on Plan 62M-1183

Ward: 15

10.7

246

To Permanently Close and Sell a Portion of Mosaic Drive being Parts 16 and 17 on Plan 62R-20684

Ward: 15

10.8

247

To Authorize the Temporary Borrowing of Monies to Meet Current Expenditures Pending Receipt of Current Revenues for 2021

Ward: City Wide

10.9

248

To Authorize an Interim Tax Levy for 2021

Ward: City Wide

10.10

249

To Amend Zoning By-law No. 05-200 (Hamilton), respecting lands located at 22 Cannon Street East, Hamilton

ZAD-20-035

Ward: 1

10.11

250

To Amend By-law No. 01-218, as amended, Being a By-law to Regulate On-Street Parking

Schedule 3 (Through Highways – No Parking Anytime)

Schedule 6 (Time Limit Parking)

Schedule 8 (No Parking Zones)

Schedule 12 (Permit Parking Zones)

Schedule 13 (No Stopping Zones)

Schedule 14 (Wheelchair Loading Zones)

Ward: 1,2,3,4,7,10,13,15

10.12

251

To Confirm the Proceedings of City Council

11.

ADJOURNMENT