City of Hamilton


CITY COUNCIL
REVISED

23-006

Wednesday, March 29, 2023 at 9:30 A.m. - 10:30 A.m.

Council Chambers

Hamilton City Hall

71 Main Street West

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Call to Order

1.

APPROVAL OF AGENDA

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

2.

DECLARATIONS OF INTEREST

3.

CEREMONIAL ACTIVITIES

3.1

Presentation of 2022-23 United Way Employee Campaign Contribution

4.

APPROVAL OF MINUTES OF PREVIOUS MEETING

4.1

February 22, 2023

4.2

March 9, 2023 (Special)

5.

COMMUNICATIONS

5.1

Correspondence from the Township of Ashfield-Colborne-Wawanosh requesting support for their resolution respecting a request for the Province of Ontario, through Elections Ontario and the Chief Electoral Officer utilize any resources available to produce

the highest quality Permanent Register of Electors.

Recommendation: Be endorsed.

5.2

Correspondence from Joshua Weresch respecting a letter to Council about public decorum and policing budget.

Recommendation: Be received.

5.3

Correspondence from the Niagara Region requesting support for their resolution respecting Declarations of Emergency for Homelessness, Mental Health and Opioid Addiction.

Recommendation: Be received.

5.4

Correspondence from the Town of Grimsby requesting support for their resolution respecting Barriers for Women in Politics.

Recommendation: Be endorsed.

5.5

Correspondence from the Town of Grimsby requesting support for their resolution respecting Changes to the Municipal Heritage Register.

Recommendation: Be received.

5.6

Correspondence from the Municipality of Trent Lakes requesting support for their resolution requesting that the Minister of Municipal Affairs and Housing implement changes to the municipal oath of office.

Recommendation: Be received and referred to the Governance Review Sub-Committee for consideration.

5.7

Correspondence from Kathy Renwald respecting the City of Hamilton Media Accreditation Policy (CM23007).

Recommendation: Be received and referred to the City Manager for appropriate action.

5.8

Correspondence from Sue Markey respecting the Review of Existing Housing Unit Capacity Identified in Municipal Land Needs Assessments.

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

5.9

Correspondence from Even Ubene respecting Follow Up on the February 27 Delegation Regarding Police Budget and Public Healthcare.

Recommendation: Be received and referred to the consideration of Item 6.3.

5.10

Correspondence from the Town of Cobourg requesting support for their resolution respecting Homeless and Unsheltered Persons.

Recommendation: Be endorsed.

5.11

Statements issued by community groups on the passing Bekett Noble (as per Council's direction on February 22, 2023):

a.

Hamilton Community Legal Clinic and the Queer Justice Project

b.

Hamilton Trans Health Coalition

c.

The First Unitarian Church of Hamilton

Recommendation: Be received.

5.12

Correspondence from the Township of Moonbeam requesting support for their resolution requesting that the provincial government extend the moratorium on most pupil accommodation reviews in order to allow municipalities the opportunity to prosper, develop

and grow without being hindered by school closure because of current low enrollments that could quickly change.

Recommendation: Be received.

5.13

Correspondence from Joshua Weresch respecting the proposed increase to the levy.

Recommendation: Be received and referred to the consideration of Item 6.3.

5.14

Correspondence from the Municipality of Chatham-Kent requesting support for their resolution directing their administration to engage with other municipalities, the Association of Municipalities of Ontario, and any other relevant municipal associations,

to determine what tools may be available to reduce insurance costs.

Recommendation: Be received.

5.15

Correspondence from the Honourable Graydon Smith, Minister of Natural Resources and Forestry advising the City of Hamilton that the City’s application seeking a Minister’s exception under the Conservation Authorities Act (CAA)

from the requirement for at least 70 per cent of municipal appointments to a conservation authority to be selected from among members of municipal council (Section 14(1.1) of the CAA) is not granted

Recommendation: Be received and referred to the consideration of Item 7.3

5.16

Correspondence from the Honourable Steve Clark, Minister of Municipal Affairs and Housing respecting Municipalities with an interest in Green Standards.

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

5.17

Correspondence from the Municipality of North Perth requesting support for their resolution urging the Provincial Government to require all school buses to have stop arm cameras installed and paid for by the Province for the start of the 2023-2024 school

year, with the costs being underwritten for the implementation and on-going annual costs for Administrative Monetary Penalties in small and rural municipalities.

Recommendation: Be received.

5.18

Correspondence from Michael Mecca respecting the proposed Consumption and Treatment Site (CTS).

Recommendation: Be received.

5.19

Correspondence from the Town of Petrolia requesting support for their resolution calling on the Provincial Government to urgently acknowledge that homelessness in Ontario is a social, economic and health crisis; commit to ending homelessness in Ontario

and to work with AMO and a broad range of community, health, Indigenous and economic partners to develop, resource and implement an action plan to achieve this goal.

Recommendation: Be endorsed.

5.20

Correspondence from Town of Essex requesting support for their resolution respecting a Tax Classification of Short-Term Rental Units.

Recommendation: Be received.

5.21

Correspondence from the Honourable Sylvia Jones, Deputy Premier and Minister of Health advising the City of Hamilton of the increase to the base funding in the amount of $91,072, bringing the total base funding to $1,476,764 for the 2023 calendar year

for the Hamilton Paramedic Service to support inter-facility transports for critically ill neonatal patients.

Recommendation: Be received and referred to the General Manager of Healthy and Safe Communities for appropriate action.

5.22

Correspondence from the Town of Essex requesting support for their resolution respecting the reinstatement of legislation permitting a municipality to retain surplus proceeds from tax sales.

Recommendation: Be received.

5.23

Correspondence from the Ministry of Natural Resources and Forestry respecting an update to the proposal to make amendment to the Ontario Regulation 161/17 under the Public Lands Act regarding the use of floating accommodations.

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

5.24

Correspondence from John B. Corbett, President, Corbett Land Strategies Inc. respecting Secondary Planning Strategy for Urban Expansion Areas and Municipal Comprehensive Review Update (PED21067(d))

Recommendation: Be received and referred to the consideration of Item 14 of Planning Committee Report 23-004.

5.25

Correspondence from Brooke Beney respecting Taxes.

Recommendation: Be received and referred to the consideration of Item 6.3, General Issues Committee (Budget) Report 23-001 - January - March 2023

5.26

Correspondence from Lakewood Beach Community Council respecting Item 6.3 - 2023 Budget.

Recommendation: Be received and referred to the consideration of Item 6.3

5.27

Correspondence from Kim Zivanovich respecting the Vaccine Policy: New Pertinent Information Regarding the Unvaccinated & Natural Immunity.

Recommendation: Be received and referred to the Medical Officer of Health for appropriate action.

5.28

Correspondence from the Honourable Doug Downey, Attorney General respecting an update on modernization initiatives in Ontario's Provincial Offences Act (POA) courts.

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

5.29

Correspondence from the West End Home Builder’s Association respecting a Submission on Implementing OPA No. 167: Secondary Planning Strategy for Urban Expansion Areas and Municipal Comprehensive Review Update

Recommendation: Be received and referred to the consideration of Item 14 of Planning Committee Report 23-004.

6.

COMMITTEE REPORTS

6.1

Sole Voting Member of the Hamilton Farmers' Market Report 23-001 - February 23, 2023

6.2

General Issues Committee (Special) Report 23-008 - February 28, 2023

6.3

General Issues Committee (Budget) Report 23-001 - January - March 2023

6.4

General Issues Committee (Special) Report 23-009 - March 9, 2023

6.5

Board of Health Report 23-003 - March 20, 2023

6.6

Public Works Committee Report 23-003 - March 20, 2023

6.7

Planning Committee Report 23-004 - March 21, 2023

6.8

General Issues Committee Report 23-010 - March 22, 2023

6.9

Audit, Finance and Administration Committee Report 23-004 - March 23, 2023

6.10

Emergency and Community Services Committee Report 23-003 - March 23, 2023

6.11

City of Hamilton Integrity Commissioner’s Report Regarding Conflict of Interest Complaint Against Councillor Pauls, March 23, 2023

6.12

General Issues Committee (Special) Report 23-011 - March 24, 2023 

6.13

CityHousing Hamilton Shareholder Report 23-001 - March 27, 2023 

7.

MOTIONS

7.1

Council Membership on Sub-Committees for the 2022-2026 Term of Council

7.2

Halton-Hamilton Water Source Protection Committee

7.3

Amendment to the Current City of Hamilton Complement on the Hamilton Conservation Authority Board of Directors

7.4

Amendment to Item 7 of Emergency and Community Services Committee Report 22-012 respecting the Adaptation and Transformation of Services for People Experiencing Homelessness Update 6 (HSC20020(f)) (City Wide)

7.5

Resignation and Appointment to the Hamilton Enterprise Holding Corporation Board of Directors

7.6

Amendment to Item 4 of the Public Works Committee Report 21-005, respecting Proposed Permanent Closure and Sale of a Portion of Public Unassumed Alleyway Abutting 63 New Street, Hamilton (PW21021) (Ward 1),

which was approved by Council, as amended, on April 28, 2021

7.7

Amendment to Item 19 of Public Works Committee Report 22-012, respecting Enhanced Safety and Security Measures at John Rebecca Park, 76 John Street North, Hamilton (Beasley Neighbourhood) (Ward 2)

8.

NOTICES OF MOTIONS

8.1

Request that the Minister of Natural Resources and Forestry Reconsider the Ministry’s Decision respecting the composition of the Hamilton Conservation Board of Directors

9.

STATEMENT BY MEMBERS (non-debatable)

10.

COUNCIL COMMUNICATION UPDATES

10.1

February 17, 2023 to March 23, 2023

11.

PRIVATE AND CONFIDENTIAL

11.1

Closed Session Minutes - February 22, 2023

Pursuant to Section 9.3, Sub-sections (h) and (i) of the City's Procedural By-law 21- 021, as amended, and Section 239(2), Sub-sections (h) and (i) of the Ontario Municipal Act, 2001, as amended, as the subject matter pertains to information explicitly supplied in confidence to the City or a local board by Canada, a province or territory or a Crown agency of any of them and a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the City 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.

11.2

Closed Session Minutes - March 9, 2023

Pursuant to Section 9.3, Sub-sections (e), (f) and (k) of the City's Procedural By-law 21-021, 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.

11.3

Appeal to the Ontario Land Tribunal (OLT) for Lack of Decision on Urban Hamilton Official Plan Amendment Application (UHOPA-18-004) and Zoning By-law Amendment Application (ZAC-18-009)

for lands located at 299-307 John Street South and 97 St. Joseph's Drive (LS22007(a)/ PED22038(b)) (Ward 2) (Referred to Council by Planning Committee on March 21, 2023)

Pursuant to Section 9.3, Sub-sections (e), (f) and (k) of the City's Procedural By-law 21-021, 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.

12.

BY-LAWS AND CONFIRMING BY-LAW

12.1

040

To Amend By-law No. 01-215, Being a By-law to Regulate Traffic

Schedule 9 (No Right Turn on Red Light)

Ward: 3, 10

12.2

041

To Establish City of Hamilton Land Described as Block C on Plan 62M-246 as Part of Anchor Road

Ward: 6

12.3

042

To Establish City of Hamilton Land Described as Block 130 on Plan 62M-1116 as Part of Chambers Drive

Ward: 12

12.4

043

To Establish City of Hamilton Land Described as Block 66 on Plan 62M-676 as Part of Wainwright Boulevard

Ward: 13

12.5

044

To Amend By-law No. 21-021, A By-law to Govern the Proceedings of Council and Committees of Council

Ward: City Wide

12.6

045

To Designate Property Located at 66-68 Charlton Avenue West, City of Hamilton as Property of Cultural Heritage Value

Ward: 2

12.7

046

To Adopt Official Plan Amendment No. 183 to the Urban Hamilton Official Plan Respecting 238 Barton Street (Stoney Creek)

Ward: 10

12.8

047

To Amend Zoning By-law No. 3692-92, Respecting Lands Located at 238 Barton Street, Stoney Creek

Ward: 10

ZAC-19-007

12.9

048

To Amend Zoning By-law No. 05-200 with respect to lands located at 1557 and 1565 Rymal Road East and 694 Pritchard Road, Hamilton

Ward: 6

ZAC-19-035

12.10

049

To Authorize the Signing of an Agreement between the City of Hamilton and the Ministry of Transportation Related to Funding Provided Under the Dedicated Gas Tax Funds for Public Transportation Program

Ward: City Wide

12.11

050

Removal of Part Lot Control, Block 246, Registered Plan No. 62M-1257, Municipally Known as 185 Bedrock Drive, Stoney Creek

Ward: 9

PLC-21-003E

12.12

051

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

Schedule 8 (No Parking Zones)

Schedule 12 (Permit Parking Zones)

Schedule 13 (No Stopping Zones)

Schedule 23 (Special Enforcement Area)

Ward: 1, 2, 3, 4, 6, 8, 9, 11, 12

12.13

052

To Amend By-law No. 19-180, the City Auditor By-law

Ward: City Wide

12.14

053

To Amend By-law No. 19-181, the Whistleblower By-law

Ward: City Wide

12.15

054

To Confirm the Proceedings of City Council

13.

ADJOURNMENT