Council

That the agenda for the May 28, 2025 meeting of Council be approved, as amended by moving the consideration of the May 21, 2025 General Issues Committee minutes and the May 22, 2025 Audit, Finance and Administration Committee minutes immediately following the consideration of the Previous Council Minutes.

That the Minutes of the May 7, 2025 meeting of Council be approved, as presented.

That Minute Item 8.6, respecting Report PED25082, Interim Report on 18-28 King Street East Building Collapse and Preliminary Review of Enforcement Processes Relating to Building Structure Safety (City Wide) of the General Issues Committee minutes, be amended, as follows: 8.6 PED25082 Interim Report on 18-28 King Street East Building Collapse and Preliminary Review of Enforcement Processes Relating to Building Structure Safety (City Wide) That Report PED25082, dated May 21, 2025, respecting Interim Report on 18-28 King Street East Building Collapse and Preliminary Review of Enforcement Processes Relating to Building Structure Safety (City Wide), be received, and the following recommendations be approved, as amended: Council Minutes 25-008 May 28, 2025 Page 3 of 23 (a) That the Director of Licensing and By-law Services and the Director of Building BE DIRECTED to report back to a General Issues Committee no later than the end of Q4, 2025 with a final assessment of the partial building collapse at 18-28 King Street East and a comprehensive and coordinated review of related legislation and by-laws, including but not limited to: (i) Strategies to mitigate vacant building issues; (ii) Recommended changes to enforcement processes; (iii) Results of stakeholder consultation; and, (iv) Additional analysis related to the building collapse at 18- 28 King Street East; (b) That Licensing and By-law Services BE DIRECTED to request approval for set fines under the Vacant Building Registry By-

That Minute Item 8.5, respecting Report FCS25028, Review of Community Benefits Charges of the Audit, Finance and Administration Committee minutes, be amended, as follows: 8.5 FCS25028 Review of Community Benefits Charges That Report FCS25028, dated May 22, 2025, respecting Review of Community Benefits Charges, be received, and the following recommendations be approved, as amended: (a) That Appendix “A” to Report FCS25028, a by-law to repeal the Community Benefits Charges By-Law 22-158, effective June 1, 2025, be approved; (b) That staff BE DIRECTED to report back to the Audit, Finance & Administration Committee whether to introduce a new Community Benefits Charges Study and By-Law in conjunction with the next Development Charges Background Study Process required to enact a new Development Charges By-Law re-evaluate the projects funded through Community Benefits Charges as part of the 2026 budget process to ensure alignment of these projects with Council’s stated objective of delivering direct community benefit and neighbourhood betterment with Community Benefits Charges by exploring opportunities to reallocate Community Benefits Charges funding toward eligible growth-related social infrastructure projects currently funded by the property tax levy, and conversely, consider funding projects currently allocated CBCs through the levy and rate-supported budgets, where appropriate; and (c) That staff BE DIRECTED to report back to the Audit, Finance & Administration Committee in Q3

That Report FCS25030 respecting the Notice of Vacancy for the Office of Councillor Ward 8, be received.

That Report PW25035(a) respecting the Street Tree Planting Program Improvements - Lessons Learned - Additional Information, be received.

That Minute Item 8.1, respecting Report PED25094, Governance and Operational Model Recommendations – Hamilton Farmers’ Market (City Wide) of the Sole Voting Member of Hamilton Farmers’ Market minutes, be amended, as follows: 8.1 PED25094 Governance and Operational Model Recommendations – Hamilton Farmers’ Market (City Wide) That Report PED25094, dated March 24, 2025, respecting Governance and Operational Model Recommendations – Hamilton Farmers’ Market (City Wide), and the accompanying presentation, be received, and the following recommendations be approved, as amended: (a) That the Optimus SBR report on the Governance and Operational Review of the Hamilton Farmers’ Market Corporation attached as Appendix A to Report PED25094, BE RECEIVED; (b) That the recommended governance and operating model for the Hamilton Farmers’ Market to remain a Municipal Service Corporation and be guided by the recommendations attached as Appendix B to Report PED25094, BE APPROVED; (c) That staff BE DIRECTED to develop the legal and operational framework (or amendments to existing instruments as appropriate) required to support the implementation of the recommended governance and operating model, including resource and budget implications, together with a transition plan, and report back to General Issues Committee for approval; (d) That Council APPROVE a single source procurement for the implementation of the recommendations put forward by Optimus SBR as identified in Report PED25094, pursuant to

That Minute Item 7.4, respecting Report PW25035, Street Tree Planting Program Improvements - Lessons Learned of the Public Works Committee minutes, be amended, as follows: 7.4 PW25035 Street Tree Planting Program Improvements - Lessons Learned That Report PW25035, respecting Street Tree Planting Program Improvements - Lessons Learned, be received, and the following recommendation be approved: (a) That staff be requested to report annually on the number of street trees planted annually per Ward, along with the number of deferrals, by Ward. Result: Amendment to Minute Item 7.4 of PWC 25-006 (Item 7.2),

That ECS 25-005, being the minutes of the Emergency and Community Services Committee meeting held on Thursday, May 22, 2025 (Item 7.5), be received and the recommendations contained therein, be approved. Result: Motion on ECS 25-005 (Item 7.5),

(a) That PLC 25-007, being the Open Session minutes of the Planning Committee meeting held on Friday, May 23, 2025 (Item 7.6), be received and the recommendations contained therein be approved; Council Minutes 25-008 May 28, 2025 Page 15 of 23 (b) That the Closed Session minutes of the Planning Committee meeting held on Friday, May 23, 2025 (Item 12.4), be approved, as presented and remain confidential; and (c) That the following correspondence item, be received: (i) Correspondence from Karen and Steve Carlina and the Local Resident Group in Opposition to the 1494 Upper Wellington development proposal; Carolyn Houston; Janet Bard and Jim McCallum; Sophie Matsos; Dr. Peter Edmonson; Italo Di Pietro; Rick Pinder and Laura S. Chajet respecting Minute Item 12.1, Report LS25011, Appeal to the Ontario Land Tribunal for lands located at 1494 Upper Wellington Street for lack of decision on Zoning By-law Amendment (ZAC-24-020) Application (Ward 8) (Items 7.6 (a)(a) to 7.6 (a)(h) respectively). (ii) Minute Item 12.2 was voted separately, as follows: 12.2 LS25014 Appeal to the Ontario Land Tribunal for Lands Located at 9451, 9517, 9569, 9579, 9593 & 9867 Dickenson Road and 1199 & 1205 Glancaster Road, Glanbrook, for Zoning By-law Amendment Applications (ZAH-22-021) and Draft Plan of Subdivision Application (25T-202203) (Ward 11) (a) That Report LS25014, dated May 23, 2025, respecting Appeal to the Ontario Land Tribunal for Lands Located at 9451, 9517, 9569, 9579, 9593 & 9867 Dickenson R

That Council move into Board of Health for consideration of the Public Health Sub- Committee minutes.

That PHSC 25-005, being the minutes of the Public Health Sub-Committee meeting held on Tuesday, May 20, 2025 (Item 7.7), be received. Result: Motion on PHSC 25-005 (Item 7.7),

That the Board of Health rise as Council to report and confirm the actions taken in Board of Health.

That the motion respecting Ensuring Proactive Decision-Making and Strengthened Project Oversight, be referred to the June 11, 2025 General Issues Committee meeting: WHEREAS transparency and accountability are essential to building and maintaining public trust in municipal governance; and WHEREAS Council is committed to continuous improvement in the oversight and delivery of capital projects; THEREFORE, BE IT RESOLVED: That staff be directed to draft or update existing policies for Council’s consideration respecting timely disclosure to Council when project budgets may be at risk of being exceeded, ensuring proactive decision-making and strengthened project oversight.

WHEREAS, a member of the Committee of Adjustment has passed away creating a vacancy on the Committee of Adjustment. THEREFORE, BE IT RESOLVED: That the Selection Committee for Agencies, Boards and Sub-Committees BE REQUESTED to fill the citizen appointee vacancy on the Committee of Adjustment. Result: Motion,

That the Closed Session Minutes dated May 7, 2025 be approved, as presented, and remain confidential.

WHEREAS, the Line Fences Act, 1990, requires that each Municipality appoint fence viewers to carry out provisions contained within the Act; WHEREAS, the City of Hamilton received a request for arbitration under the Line Fences Act, 1990, on May 12, 2025; WHEREAS, three members for the Fence Viewers need to be appointed expeditiously as the Line Fences Act, 1990, requires an arbitration date within 30 days of the receipt of a request for arbitration: WHEREAS, Council on December 13, 2023, approved the Selection Committee for Agencies, Boards and Sub-Committees’ resolution, as follows: WHEREAS, the recruitment for Fence Viewers did not generate enough applicants for the available positions; and WHEREAS, the members of the Committee of Adjustment and the Agricultural and Rural Affairs Sub-Committee appointed for the 2022 - 2026 Council Term who have the knowledge of rural areas and experience with facilitating mediation and with reviewing land surveys would fulfil the requirements of a Fence Viewer. THEREFORE, BE IT RESOLVED: That staff be directed to formally ask the members of the Committee of Adjustment and the Agricultural and Rural Affairs Sub-Committee appointed for the 2022 - 2026 Council Term who have the knowledge of rural areas and experience with facilitating mediation and with reviewing land surveys to forward their expression of interest to Clerks staff for the Selection Committee for Agencies, Boards and Sub-Committees’ consideration. WHEREAS, Donna May Lord, membe

That Council move into Closed Session at 11:29 a.m. to consider Item 12.5 respecting PW25038, Labour Disruption Update Hamilton Ontario Water Employees Association pursuant to Section 9.3, Sub-Sections (d) of the City's Procedural By-law 21-021, as amended; and Section 239(2), Sub-sections (d) of the Ontario Municipal Act, 2001, as amended, as the subject matter pertains to labour relations or employee negotiations. Result: Motion,

That PW25038 respecting the Labour Disruption Update Hamilton Ontario Water Employees Association, be received and remain confidential. Result: Motion,

That Bills No. 25-106 to No. 25-119 be passed, and that the Corporate Seal be affixed thereto, and that the By-laws, be numbered, be signed by the Mayor and the City Clerk to read as follows: 106 To Declare the Office of Councillor, Ward 8, to be Vacant Ward: 8 107 To Amend By-law No. 01-218, as amended, Being a By-law To Regulate On-Street Parking Schedule 6 - Time Limit Parking Schedule 8 - No Parking Schedule 12 - Permit Schedule 13 - No Stopping Wards: 3,4,8,12,13,14,15 Council Minutes 25-008 May 28, 2025 Page 22 of 23 108 To Permanently Close and Sell a Portion of the Assumed Alleyway Abutting 830 Barton Street East, Hamilton; Being Part of the Alleyway on Plan 619, Lying Between Prospect Avenue North and Leinster Avenue North, in the City of Hamilton; Being Part 1 on Reference Plan 62R-22476; Being All of PIN 17216-0157 (LT). Ward: 3 109 To Designate Property Located at 1175 Main Street East, City of Hamilton as Property of Cultural Heritage Value Ward: 3 110 To Designate Property Located at 801 Dunsmure Road, City of Hamilton as Property of Cultural Heritage Value Ward: 4 111 Respecting: Removal of Part Lot Control Part of Block 22 and Lots 1, 6, and 8, Registered Plan of Subdivision No. 62M-1302, Municipally Known as 48, 56, 76, and 80 Carlson Street, Stoney Creek Ward: 9 112 Being a By-law to repeal By-laws 22-158 and 25-014 "City of Hamilton Community Benefits Charges By-law, 2022" Ward: City Wide 113 To Amend Zoning By-law No. 05-200 with respect to lands located a