The Hamilton Record

Council

February 22, 2017

What was decided (25 motions)

25 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

That the agenda for the February 22, 2017 meeting of Council be approved, as amended.
Moved by VanderBeek, seconded by Partridge
Carried
That the Minutes of the February 8, 2017 meeting of Council be approved, as presented.
Moved by A. Johnson, seconded by Farr
Carried
That Council Communications 5.1 through 5.11 be approved, as amended, as follows: 5.1 Correspondence from George Rust-D’Eye, Integrity Commissioner to the City of Hamilton respecting the Code of Conduct for Members of Council – Proposed Amendment. Recommendation: Be received and referred to the Governance Review Sub- Committee. 5.2 Correspondence from the Township of Scugog regarding a resolution recommending the initiation of a provincial working group to examine the financial implications associated with being located in the Greenbelt adopted at their Council meeting of January 30, 2017, requesting consideration and endorsement. Recommendation: Be received. 5.3 Correspondence from Marsha Duncan respecting Joe-Anne Priel, General Manager, Community and Emergency Services. Recommendation: Be received. 5.4 Correspondence from Stephen Covey, President, and Sarah Mayes, National Director (Interim), Operation Lifesaver, respecting Canada's 15th annual Rail Safety Week from April 24 - 30, 2017. Recommendation: Be received. 5.5 Correspondence from Minister Bill Mauro, Ministry of Municipal Affairs in response to the Mayor’s letter respecting municipal elections and the voters list. Recommendation: Be received. 5.6 Correspondence from Minister Kathryn McGarry, Ministry of Natural Resources and Forestry in response to the Mayor’s letter respecting Council’s resolution regarding the Niagara Peninsula Conservation Authority (NPCA). Recommendation: Be received. Council Minutes 17-003 Fe
Moved by Pearson, seconded by Conley
Carried
That Council move into Committee of the Whole for consideration of the Committee Reports.
Moved by Partridge, seconded by B. Johnson
Carried
That Item 1 of the Public Works Committee Report 17-002 respecting Intersection Control List (PW17001(a)) (Wards 1, 7, 13 and 15), be deleted in its entirety as it was previously considered by Council on January 25, 2017. AMENDMENT
Moved by VanderBeek, seconded by Ferguson
Carried
That the SECOND Report of the Public Works Committee (attached hereto) meeting be adopted, as amended, and the information section received.
Moved by VanderBeek, seconded by Ferguson
Carried
That the recommendation of Item 11 of Planning Committee Report 17-003 respecting Update and Instructions Regarding Ontario Municipal Board Appeals of Rural Hamilton Official Plan Amendment 9, Zoning By-law Nos. 15-173 and 15-238, PL150005 & PL151130 (LS17001/PED17001) (Wards 11 to 15) be deleted in its entirety and the following be inserted therein: That the recommendations of Report LS170001/PED17001 respecting Update and Instructions Regarding Ontario Municipal Board Appeals of Rural Hamilton Official Plan Amendment 9, Zoning By-law Nos. 15-173 and 15-238, PL150005 & PL151130 be approved and remain confidential until Council approval. (a) That the settlement proposal contained in Report LS17001/PED17001be approved, and the Mayor and Clerk be authorized to execute Minutes of Settlement, substantially in accordance with Appendix “A” to the Report; (b) That the City Solicitor be authorized and directed to take any steps necessary to implement the settlement respecting the appeals by Coalition for Rural Environment Protection; (c) That, upon final execution of the Minutes of Settlement, staff be directed to bring forward an amendment to the Site Plan Control By-law No. 15-176 to Council Minutes 17-003 February 22, 2017 Page 6 of 12 add “Landscape Contracting Establishment Secondary” as a use subject to the by-law; (d) That Report LS17001/PED17001 remain confidential.
Moved by A. Johnson, seconded by Farr
Carried
That the THIRD Report of the Planning Committee (attached hereto) be adopted, as amended, and the information section received.
Moved by A. Johnson, seconded by Farr
Carried
That Item (g) of the General Issues Committee Report 17-004, respecting the Light Rail Transit Sub-committee Report 17-001, January 30, 2017 – Bay Street Stop Assessment, be lifted from the Information Section.
Moved by Whitehead, seconded by Partridge
Carried
That Item (g) of the General Issues Committee Report 17-004, respecting the Light Rail Transit Sub-committee Report 17-001, January 30, 2017 – Bay Street Stop Assessment, be referred to the next Special LRT General Issues Committee Meeting.
Moved by Farr, seconded by Eisenberger
Carried
That the FOURTH Report of the General Issues Committee (attached hereto) be adopted, as presented, and the information section received as amended.
Moved by Eisenberger, seconded by Partridge
Carried
That the Committee of the Whole Rise and Report.
Moved by Partridge, seconded by Ferguson
Carried
That Councillor D. Conley be appointed as a member of the Rental Housing Sub- Committee for a term commencing on February 23, 2017 and expiring with the current term of Council.
Moved by Whitehead, seconded by Skelly
Carried
WHEREAS Section 259(c) of the Municipal Act stipulates that the seat of a Member of Council becomes vacant if the member is absent from meetings of the Council for three successive months without being authorized to do so by a resolution of Council. THEREFORE BE IT RESOLVED: That Councillor Robert Pasuta, be authorized to absent himself from meetings of the Council of the City of Hamilton for a period in excess of three successive months, until his recovery is complete.
Moved by Partridge, seconded by Ferguson
Carried
WHEREAS Mr. James Summers has resigned from the Property Standards Committee. THEREFORE BE IT RESOLVED: (a) That Mr. Summers resignation, be received; (b) That the Selection Committee be requested to fill the citizen appointee vacancy on the Property Standards Committee; and, (c) That the matter of City employees appointed as Citizen Members to City Advisory Committees, Boards and Commissions be referred to the Governance Review Sub-committee. AMENDMENT
Moved by B. Johnson, seconded by Green
Carried
WHEREAS, as a result of becoming a Director of Alectra Inc., Mayor Fred Eisenberger, tendered his resignation as a Director of the Hamilton Utilities Corporation ( the Corporation"); and WHEREAS, pursuant to section 4b. of the Amended and Restated Shareholder Declaration dated August 31, 2000 in respect of the Corporation, Mayor Fred Eisenberger named Councillor Maria Pearson as his designate to serve as a Director of the Corporation, to hold office for a term ending on the earlier of: (a) the end of the current term of Fred Eisenberger as the Mayor of the City of Hamilton; (b) the end of the current term of Maria Pearson as a member of the Council of the City of Hamilton; and (c) the resignation of Maria Pearson as a Director of the Corporation; THEREFORE BE IT RESOLVED: (a) That the resignation of Mayor Fred Eisenberger as a Director of the Hamilton Utilities Corporation (the Corporation ), be accepted; (b) That the designation by Mayor Fred Eisenberger of Councillor Maria Pearson to serve as a Director of the Corporation, be received; and (c) That Councillor Maria Pearson is declared to be elected a Director of the Corporation, to hold office for a term ending on the earlier of: (a) the end of the current term of Fred Eisenberger as the Mayor of the City of Hamilton; (b) the end of the current term of Maria Pearson as a member of the Council of the City of Hamilton; and (c) the resignation of Maria Pearson as a Director of the Corporation.
Moved by Ferguson, seconded by B. Johnson
Carried
4. City of Hamilton Ward Boundary Review – Final Consultant Report (Amended) (CL16009(b)) (City Wide) (Item 7.2) That the recommendation of Item 4 of General Issues Committee Report 17-003 respecting the City of Hamilton Ward Boundary Review – Final Consultant Report (Amended) (CL16009(b)) (City Wide) be amended to delete and replace Appendix “B” with the Revised Appendix “B” that accurately reflects the boundary adjustment between Wards 10 and 11 referenced on page 29 of the Consultant’s report: (a) That Option #1, attached as Revised Appendix “B”, respecting the City of Hamilton Ward Boundary Review – Final Consultant Report, be approved; and, Council Minutes 17-003 February 22, 2017 Page 9 of 12 (b) That staff be directed to prepare the required by-law to bring into affect the new Hamilton Ward boundaries, as substantially described in the attached Revised Appendix “B”. AMENDMENT
Moved by B. Johnson, seconded by Pearson
Carried
WHEREAS, Hamilton City Council has received Notice (attached hereto as Appendix “A”) from Ryan Kuwabara on behalf of the Ancaster Avalanche Junior Hockey Team, that they wish to obtain approval for a Special Occasion Permit Liquor Licence to sell alcohol on March 2, 2017 to May 15, 2017 inclusive between the hours of 7:00 p.m. and 9:30 p.m. at the Morgan Firestone Arena, 385 Jerseyville Road in Hamilton, Ontario, during the Ancaster Avalache Junior Hockey Team Blueline Club taking place in Hamilton, Ontario; WHEREAS, the Alcohol and Gaming Commission of Ontario requires that if a permit holder is not a registered charity or non-profit organization, that a resolution of the Council is required to designate the event as one of municipal significance; and WHEREAS, the City of Hamilton does not have an objection to the Liquor Licence Serving Time Extension for the following establishment; THEREFORE BE IT RESOLVED: (a) That the City of Hamilton hereby deems the Ancaster Avalache Junior Hockey Team Blueline Club, being held in the City of Hamilton, Ontario on March 2, 2017 to May 15, 2017 inclusive, as municipally significant; and, (b) That the following applicant be provided a copy of this resolution for inclusion with their application to the Alcohol and Gaming Commission of Ontario: (i) Ancaster Avalance Junior Hockey Team c/o Ryan Kuwabara, Hamilton, Ontario.
Moved by Ferguson, seconded by B. Johnson
Carried
That the Rules of Order be waived to allow for the introduction of a motion respecting Ancaster Avalanche Junior Hockey Team Blueline Club – Special Occasion Permit Liquor Licence.
Moved by Ferguson, seconded by B. Johnson
Carried
That Report PED16254 respecting Potential Acquisition of the Former Hamilton Psychiatric Hospital Lands be Lifted from the Table.
Moved by Pearson, seconded by VanderBeek
Carried
That Report PED16254 respecting Potential Acquisition of the Former Hamilton Psychiatric Hospital Lands, be received and remain confidential.
Moved by Green, seconded by Skelly
Carried
That Council move in to Closed Session at 6:26 p.m. respecting: Item 10.1, the Potential Acquisition of Former Hamilton Psychiatric Hospital Lands, pursuant to Section 8.1, Sub-section (c) of the City's Procedural By-law 14-300, and Section 239, Sub-section (c) of the Ontario Municipal Act, 2001, as amended, as the subject matter pertains to a proposed or pending acquisition or disposition of land by the municipality or local board.
Moved by Ferguson, seconded by B. Johnson
Carried
That the Bill List be amended by amending Bill 030 – A By-law to Establish Ward Boundaries for the City of Hamilton and adding Bill 034 – To Amend Zoning By-law No. 90-145-Z (Flamborough), Respecting Lands Located at 392, 488 and 530 Dundas Street, and renumbering the balance.
Moved by Pearson, seconded by B. Johnson
Carried
That Bills No. 17-029, 17-030 as amended to No. 17-035 be passed and that the Corporate Seal be affixed thereto, and that the By-laws, as amended, be numbered and signed by the Mayor and the City Clerk to read as follows: Bill No. Council Minutes 17-003 February 22, 2017 Page 12 of 12 029 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) 030 A By-law to Establish Ward Boundaries for the City of Hamilton as amended 031 To Incorporate City Land Designated as Block 22 on Plan 62M-883 into Hauser Place 032 To Amend Zoning By-law No. 87-57 (Ancaster), Respecting Lands located at 57-67 Academy Street (Ancaster) ZAC-16-022 033 To Amend Zoning By-law No. 6593, Respecting Lands located at 942 Upper Gage Avenue (Hamilton) ZAR-16-038 034 To Amend Zoning By-law No. 90-145-Z (Flamborough), Respecting Lands Located at 392, 488 and 530 Dundas Street 035 To Confirm the Proceedings of City Council
Moved by Pearson, seconded by B. Johnson
Carried
That, there being no further business, City Council be adjourned at 7:09 p.m.
Moved by Farr, seconded by Merulla
Carried

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