City of Hamilton
 
 
CITY COUNCIL
REVISED

20-026

Wednesday, December 16, 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 25, 2020

4.

COMMUNICATIONS

4.1

Correspondence from the Township of Huron-Kinloss requesting support for their resolution for tougher laws and larger financial penalties when dealing with unauthorized car rallies and participants.

Recommendation: Be endorsed.

4.2

Correspondence respecting the protest to defund the Hamilton Police:

4.2.a

Evan Ubene

4.2.b

Joy Mudjar

4.2.c

Ashley Daniels

4.2.d

Alix MacLean

4.2.e

Danielle Hitchcock-Welsh

4.2.f

Grace Evans and Scott Dobbin

4.2.g

Sarah Van Berkel

4.2.h

Rebecca Steckle

4.2.i

Seamus Atkinson

4.2.j

Lauren Stephen

4.2.k

Alexandra Weinberger

4.2.l

Rosa Zetler

4.2.m

Olivia Mancini

4.2.n

Emergency Support Committee for Refugees Board of Directors

4.2.o

Alexandra Weinberger

4.2.p

Sabatino Parisse

4.2.q

Patricia Varanesi

4.2.r

Amanda Santos

4.2.s

Danielle Hitchcock-Welsh

4.2.t

Gillian Kearns

4.2.u

Sarah Cripps

4.2.v

Hannah Uzelac

4.2.w

Vilma Rossi

4.2.x

Victoria Marko

4.2.y

Sonia Martin and Alan Robson

4.2.z

Samantha Richarz

4.2.aa

Laura Katz

4.2.ab

Olivia Bozzo

4.2.ac

Maureen McKeating

4.2.ad

Krista Binnington

4.2.ae

Tanya Ritchie

4.2.af

Oliver Fraser

4.2.ag

Jess Taylor

4.2.ah

Sandra Smith

4.2.ai

Jenn Cross

4.2.aj

Olivia Bozzo

4.2.ak

Emily Kulpaka

4.2.al

Reem Mandil

4.2.am

Danielle Hitchcock-Welsh

4.2.an

Danielle Hitchcock-Welsh

4.2.ao

Alexandra Weinberger

4.2.ap

Patricia Varanesi

4.2.aq

Ani Chenier

4.2.ar

Scott Neigh

4.2.as

Danielle Hitchcock-Welsh

4.2.at

George Ball

4.2.au

Michael Moniz

4.2.av

Suzanne Kelly - Added as Item 4.31

4.2.aw

Doreen Stermann

4.2.ax

Kim Selman

4.2.ay

14 For Progress

4.2.az

Roger Stermann

4.2.ba

Diane Fields

4.2.bb

Meaghan Horn

4.2.bc

Ken McLaren

4.2.bd

Katie King

4.2.be

Sarah Van Berkel

4.2.bf

Craig Burley

Recommendation: Be received.

4.3

Correspondence from Halton Region respecting their resolution in regards to the Water Supply for 720, 768 and 780 Mountain Brow Road West in North Aldershot, Burlington for information.

Recommendation: Be received and referred to the General Manager of Public Works for appropriate action.

4.4

Correspondence from Helen Jowett, Chair, Grand River Conservation Authority respecting Bill 229: Protect, Support and Recover from COVID-19 Act (Budget Measures).

4.4.a

Additional Information

Recommendation: Be endorsed.

4.5

Correspondence from Brenda Johnson, Chair and Bruce MacKenzie, Vice Chair, Niagara Peninsula Conservation Authority respecting the changes to the Conservation Authorities Act and Conservation Authorities' Role in Land Use Planning.

Recommendation: Be endorsed.

4.6

Correspondence from Malwina Szczotka respecting In-School Speech Therapy Service Concern.

Recommendation: Be received.

4.7

Correspondence respecting Sidewalk Snow Removal:

4.7.a

LGBTQ Advisory Committee

4.7.b

Joshua Weresch

Recommendation: Be received.

4.8

Correspondence from the Township of Howick requesting support for their resolution requesting the Ministry of Agriculture, Food and Rural Affairs amend the Tile Drainage Installation Act and/or the regulations under the Act that would

require tile drainage contractors to file farm tile drainage installation plans with the local municipality.

Recommendation: Be received.

4.9

Correspondence from Business Improvement Areas requesting Council to continue to advocate on their behalf when working with provincial and public health counterparts in implementing COVID-19 Response Framework; to consider their fate and

to demand a fair and level playing field for all businesses so that they have the same opportunity to make it through the pandemic...bruised and scathed but still viable:

4.9.a

Tara Crugnale, Chair, Downtown Dundas Business Improvement Area

4.9.b

Waterdown BIA Directors, on behalf of the Waterdown BIA membership

Recommendation: Be received.

4.10

Correspondence from the County of Frontenac requesting support for their resolution requesting that the Province extend the compliance deadline stated in Section 14(4) of Ontario Regulation 191/11 to require designated public sector organizations

to meet the compliance standards, by a minimum of one (1) year to at least January 1, 2022 and to consider providing funding support and training resources to municipalities to meet these compliance standards.

Recommendation: Be endorsed.

4.11

Correspondence from Jim Bradley, Chair, Niagara Region respecting Niagara Region's support for the Niagara Peninsula Conservation Authority Board of Directors motion requesting that the province remove the proposed Schedule 6 from Bill 229 and continue

to work with the conservation authorities on regulations proposed under Bill 108 to achieve desired improvements in the planning process.

Recommendation: Be endorsed.

4.12

Correspondence from Ian Borsuk of Environment Hamilton on behalf of the Hamilton Transit Alliance respecting the status of transit in the City of Hamilton and potential concerns on how the provincial government has chosen to proceed with providing

municipalities like Hamilton with essential funding as a result of the pandemic.

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

4.13

Correspondence from Board of Directors of The Waterfront Regeneration Trust respecting Schedule 6 of Bill 229 which contains changes to the Conservation Authority Act, which will cripple Conservation Authorities, destroy watershed planning and politicize

the planning process.

Recommendation: Be endorsed.

4.14

Correspondence requesting that Council stop MZOs and stop new sprawl proposals on farmland and natural areas outside of the urban boundary:

4.14.a

Kelly Ross

4.14.b

Nancy Hurst

4.14.c

Leanna Nigro

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

4.15

Correspondence from the City of St. Catharines requesting support for the resolution requesting that Ontario's Health Ministry accept Hospice Niagara's request and start fully funding all hospice health care workers fully right away.

Recommendation: Be endorsed.

4.16

Correspondence from the Municipality of Southwest Middlesex requesting support for their resolution requesting the Province work with the Federal Minister of Transportation to address concerns regarding municipal draining matters and

the need for coordination with the national railways.

Recommendation: Be received.

4.17

Correspondence respecting faulty work; the release of financial penalties and more transparency with respect to the bidding process:

4.17.a

Roger Stermann

4.17.b

Carmen Stermann

4.17.c

Alexander Borghesan

Recommendation: Be received.

4.18

Correspondence from the Region of Peel requesting support for their resolution requesting amendments to the Criminal Code that provide protections for paramedics.

Recommendation: Be received.

4.19

Correspondence from the City of St. Catharines requesting support for their resolution requesting the Government of Ontario to place an interim cap of 2.5 mega tonnes per year on our gas plants' greenhouse gas pollution and develop and implement

a plan to phase-out all gas-fired electricity generation by 2030 to ensure that Ontario meets its climate targets.

Recommendation: Be received.

4.20

Correspondence from Principles Integrity respecting a Code of Conduct complaint against Councillor Merulla.

Recommendation: Be received.

4.21

Correspondence from Dawn Danko, Chair, Hamilton-Wentworth District School Board to the Honourable Stephen Lecce, Minister of Education respecting their concerns regarding student transportation during our 2020-21 school reopening.

Recommendation: Be received.

4.22

Correspondence from Josh Neubauer, Planner, Urban Strategies; Mary Lou Tanner, Planner, Niagara Planning Group and Kate Whalen, McMaster respecting comments on the Report of the Mayor’s Task Force on Economic Recovery regarding the Task Force’s Report.

Recommendation: Be received and referred to the consideration of Item 8 of General Issues Committee Report 20-023. 

4.23

Correspondence from the Town of Carleton Place requesting support for their resolution respecting a request to the Government of Ontario to prioritize children and childcare as part of its overall post pandemic recovery plan; develop a comprehensive plan

for the provision of licensed childcare and early learning education and provide for increased funding to childcare providers reflective of COVID-19 operating cost increases.

Recommendation: Be received.

4.24

Correspondence from the Township of Matachewan requesting support for their resolution requesting that the application deadline on any further grants have a longer turn around time.

Recommendation: Be received.

4.25

Correspondence from the Hamilton Farmers Market Stallholders Association respecting Fee

Recommendation: Be received.

4.26

Correspondence from the Associate Minister of Small Business and Red Tape Reduction, Ministry of Economic Development, Job Creation and Trade to Barton Village BIA respecting the recent measures 

Ontario has taken to stop the spread of COVID-19 and recognizing the devastating impact COVID-19 is having on Ontario’s small businesses.

Recommendation: Be received.

4.27

Correspondence from General (Ret'd) Rick Hiller, Chair of the COVID-19 Vaccine Distribution Task Force respecting Ontario's Vaccine Distribution Implementation Plan.

Recommendation: Be received.

4.28

Correspondence from Craig Burley respecting conditions on transit funding.

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

4.29

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

Recommendation: Be received.

4.30

Correspondence from A. Douglas Burns, Burns Associates respecting the Code of Conduct Complaint Against Councillor Merulla - Preliminary Findings Report dated November 8, 2020.

Recommendation: Be received and referred to the consideration of Item 4.20.

4.31

Correspondence from Suzanne Kelly respecting Homelessness.

Recommendation: Be received

5.

COMMITTEE REPORTS

5.1

Mayor's Task Force on Economic Recovery Report 20-006 - November 26, 2020

5.2

Special General Issues Committee Report 20-022 - November 30, 2020

5.3

Board of Health Report 20-008 – December 7, 2020

5.4

Public Works Committee Report 20-012 – December 7, 2020

5.5

Planning Committee Report 20-015 – December 8, 2020

5.6

General Issues Committee Report 20-023 – December 9, 2020

5.7

Audit, Finance and Administration Committee Report 20-013 – December 10, 2020

5.8

Emergency and Community Services Committee Report 20-011 – December 10, 2020

5.9

General Issues Committee (GRIDS 2 and the Municipal Comprehensive Review) Report 20-024 - December 14, 2020

6.

MOTIONS

6.1

Appointment to the Greater Bay Area Sub-Committee

6.2

Appointment to the Committee Against Racism

6.3

Amendments to sub-sections (d) and (e) to Item 4 of the Emergency & Community Services Committee Report 19-007, respecting Report HSC19034 – Affordable Housing Demonstration Project, which was approved by Council on June 26, 2019

6.4

Amendments to Item 1 of the General Issues Committee Report 19-019, respecting Report PW19083/FCS18048 - Investing in Canada Infrastructure Program – Public Transit Stream Grant Program

6.5

COVID-19 Recreation User Fee Financial Relief

6.6

Amendment to Item 9.2 of the November 11, 2020 Council Minutes , respecting Report PW20068(b) - City of Hamilton Transfer Stations and Community Recycling Centres Contract Update

7.

NOTICES OF MOTIONS

7.1

Ministerial Zoning Order Request to Facilitate the Rapid Housing Initiative to Construct Affordable Housing

7.2

Regulations in the Red (Control) and Grey (Lockdown) Categories for Retail Fairness

8.

STATEMENTS BY MEMBERS

9.

PRIVATE AND CONFIDENTIAL

9.1

Closed Session Minutes – November 25, 2020

Pursuant to Section 8.1, Sub-sections (e), (f), (i) and (k) of the City's Procedural By-law 18-270, as amended; and, Section 239(2), Sub-sections (e), (f), (i) and (k) of the Ontario Municipal Act, 2001, as amended, as the subject matters pertain to litigation or potential litigation, including matters before administrative tribunals, affecting the City; the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; 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.

9.2

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

Pursuant to Section 8.1, Sub-sections (e), (f) and (k) of the City's Procedural By-law 18-270, as amended; and, Section 239(2), Sub-sections (e), (f) and (k) of the Ontario Municipal Act, 2001, as amended, as the subject matters pertain to litigation or potential litigation, including matters before administrative tribunals, affecting the City; 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 City of a local board.

10.

BY-LAWS AND CONFIRMING BY-LAW

10.1

252

To Establish City of Hamilton Land Described as Block 186 on Plan 62M-992 as Part of Provident Way

Ward: 11

10.2

253

To Establish City of Hamilton Land Described as Block 189 on Plan 62M-992 as Part of Rosebury Way

Ward: 11

10.3

254

To Establish City of Hamilton Land Described as Parts 1, 4, 7, and 10 on Plan 62R-21280, as Part of Skinner Road

Ward: 9

10.4

255

A By-law to Establish the 2021 Water and Wastewater/Storm Fees and Charges for Services, Activities and Use of Property Provided by the City of Hamilton

Ward: City Wide

10.5

256

To Amend the Sanitary Surcharge and Wastewater Abatement By-law No. 03-272 and Implement the 2021 Fees and Charges

Ward: City Wide

10.6

257

To Amend the Waterworks By-law No. R84-026 and Implement the 2021 Fees and Charges

Ward: City Wide

10.7

258

To Amend the Sewer and Drain By-law No. 06-026, and Implement the 2021 Fees and Charges

Ward: City Wide

10.8

259

To Amend By-law No. 15-058, a By-law Respecting Building Permits and Related Matters

Ward: City Wide

10.9

260

To Amend City of Hamilton By-law No. 17-225, being a By-law to Establish a System of Administrative Penalties

Table 23 – By-law No. 20-077 Nuisance By-law

Ward: City Wide

10.10

261

To Adopt Official Plan Amendment No. 141 to the Urban Hamilton Official Plan Respecting 56 Highland Road West (Stoney Creek)

Ward: 9

10.11

262

To Amend Zoning By-law No. 3692-92, Respecting Lands Located at 56 Highland Road West, Stoney Creek

ZAC-16-057

Ward: 9

10.12

263

To Adopt Official Plan Amendment No. 25 to the Rural Hamilton Official Plan Respecting 2121 and 2187 Regional Road 56 (former Township of Glanbrook)

Ward: 11

10.13

264

Respecting Removal of Part Lot Control, Block 155, Registered Plan No. 62M-1251 “Laguna Village”, municipally known as 315 Dalgleish Trail, Glanbrook

PLC-19-035

Ward: 11

10.14

265

Respecting Removal of Part Lot Control, Lots 7, 8 and 9 of Registered Plan No. 62M-1233 known as “Binbrook Heights Addition – Phase 1” (Parts 7 and 8 of Registered Plan 62R-20437), municipally known as 6, 10 and 14 Daw Avenue

PLC-20-009

Ward: 11

10.15

266

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

Schedule 5 (Stop Control)

Ward: 9, 11

10.16

267

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

Schedule 2 (Speed Limits)

Schedule 3 (Flashing School Zones – Reduced Speed Limit)

Schedule 9 (No Right Turn on Red)

Schedule 18 (Bike Lanes)

Schedule 24 (Designated Community Safety Zones)

Ward: 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15

10.17

268

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

Schedule 34 (Designated Community Safety Zones)

Ward: 3

10.18

269

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

E-Scooters

Ward: City Wide

10.19

270

A By-law to Regulate the Use of Commercial E-Scooters in Hamilton

Ward: City Wide

10.20

271

A By-law to Amend By-law No. 01-219, to Manage and Regulate Municipal Parks and to Amend By-law No. 17-225, Being a By-law to Establish a System of Administrative Penalties

Table 12 – By-law No. 01-219 To Manage and Regulate Municipal Parks

Ward: City Wide

10.21

272

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

Schedule 2 (Through Highways)

Schedule 8 (No Parking Zones)

Schedule 12 (Permit Parking Zones)

Schedule 13 (No Stopping Zones)

Schedule 14 (Wheelchair Loading Zones)

Schedule 20 (School Bus Loading Zones)

Ward: 1, 2, 3, 4, 5, 6

10.22

273

Hamilton 60 Caledon Avenue Municipal Housing Project Facilities By-law

Ward: 8

10.23

274

To Confirm the Proceedings of City Council

11.

ADJOURNMENT