The Hamilton Record

General Issues Committee

March 22, 2023

Who was there

Present (3): Craig Cassar, Ted McMeekin, Mike Spadafora

Absent (4): J. Beattie, A. Horwath, Tom Jackson, Maureen Wilson

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (37 motions)

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

(a) That City of Hamilton – Hamilton Waterfront Trust Future Options – Final Report by KPMG dated November 29, 2022, attached as Appendix “A” to Report FCS23029, be received; (b) That a detailed review of the following two business models for the Hamilton Waterfront Trust future operations be undertaken as follows: (i) A joint model whereby the management and operations of programs and services are delivered by the Hamilton Waterfront Trust and the City of Hamilton; (ii) Winding up the Hamilton Waterfront Trust, inclusive of a recommended process founded on the City of Hamilton assuming the responsibility for existing programming and services delivered by the Hamilton Waterfront Trust. (c) That Council approve a single-source procurement, pursuant to Procurement Policy #11 – Non competitive Procurements, for a detailed review of the two business models for Hamilton Waterfront Trust operations and that the General Manager, Finance and Corporate Services Department be authorized to negotiate, enter into, and execute General Issues Committee March 22, 2023 Minutes 23-010 Page 2 of 36 the extension and any ancillary documents required to give effect thereto with KPMG LLP, and other external expertise, in a form satisfactory to the City Solicitor; (d) That staff report back to City Council on the preferred model and the cost including the resources necessary to deliver the programs and services required. Result: MAIN MOTION, As Amended,
Moved by Kroetsch, seconded by Hwang
Carried
That Report PED20009(d), respecting Municipal Accommodation Tax, be received. Result: MOTION,
Moved by Francis, seconded by Pauls
Carried
(a) That the following individuals be removed from the Concession Street Business Improvement Area Board of Management: (i) Brendan Eyre – Investment Planning Counsel; (ii) David Andrews – Community Rep; (iii) Kathryn Goegan – At Your Service; and, (b) That the following individuals be appointed to the Concession Street Business Improvement Area Board of Management: (i) Subbu Subramonian – Property Owner of 540 Concession; (ii) Brenda Eszenyi – Penny Pinchers Costumes; (iii) Terry Rhodes – Community Rep. Result: MOTION,
Moved by Pauls, seconded by McMeekin
Carried
That Report BOH23009, respecting an Assessment of Illness Linked to the Chedoke Creek Sewage Spill, be received. Result: MOTION,
Moved by Hwang, seconded by Cassar
Carried
That Report PW19008(t), respecting the Chedoke Creek Order - Remediation Update, be received. Result: MOTION,
Moved by Hwang, seconded by Beattie
Carried
That Report HUR18017(a) / FCS23046, respecting Attracting Diversity During the Recruitment Process, be received. Result: MOTION,
Moved by Horwath, seconded by Hwang
Carried
That Report LS23003, respecting the Proposed Transfer of Prosecution Duties for Part III and Part IX Provincial Offences from the Province to the City, be received. Result: MOTION,
Moved by Danko, seconded by Hwang
Carried
That Report LS23002, respecting the Comprehensive Legal Services Report 2020 and 2021, be received. Result: MOTION,
Moved by Pauls, seconded by Kroetsch
Carried
That the Mayor and City Manager be authorized and directed to execute, on behalf of the City, together with all necessary ancillary documents (including, without limitation, the Work Authorization agreements contemplated in the General Issues Committee March 22, 2023 Minutes 23-010 Page 7 of 36 Preparatory Activities Agreement), a Preparatory Activities Agreement attached as Appendix “A” to Report PED23050 between the City and Metrolinx with content acceptable to the General Manager, Planning and Economic Development and the General Manager, Public Works and in a form acceptable to the City Solicitor. Result: MOTION,
Moved by Nann, seconded by Horwath
Carried
(a) That a $20,000 increase in the budget for the 2023 Battle of Stoney Creek Re-enactment be funded from the Economic Development Initiatives Reserve (#112221); and, (b) That $30,000 be added to the Tourism and Culture 2024 base Operating Budget for annual Battle of Stoney Creek Re-enactment event costs. Result: MOTION,
Moved by Beattie, seconded by Francis
Carried
(a) That the Mayor and the General Manager, Finance and Corporate Services, be authorized and directed to enter into an Agreement between the City of Hamilton and the Province of Ontario related to the funding commitment made by the Province of Ontario to the municipality under the Dedicated Gas Tax Funds for Hamilton’s Public Transportation Program; (b) That the Mayor and General Manager, Finance and Corporate Services, be authorized and directed to execute the Letter of Agreement attached as Appendix “A” to Report FCS23043; (c) That the By-law attached as Appendix “C” to Report FCS23043 authorizing and directing the Mayor and General Manager, Finance and Corporate Services, to sign a Letter of Agreement between the City of Hamilton and the Province of Ontario with respect to funding under the Dedicated Gas Tax Funds for Public Transportation Program, be passed; and, (d) That, upon being passed, a certified copy of the By-law, together with two copies of the signed Letter of Agreement, be forwarded to the Ministry of Transportation. Result: MOTION,
Moved by A. Wilson, seconded by McMeekin
Carried
(a) Investigation of Light Rail Transit (LRT) Systems in Neighbouring Municipalities by Members of the Advisory Committee for Persons with Disabilities (no copy) (Item 11.1) WHEREAS, the Transportation Working Group believes that it would be beneficial for the Advisory Committee for Persons with Disabilities to review and identify accessibility barriers of Light Rail Transit (LRT) Systems in neighbouring municipalities like Kitchener and make recommendations with regard to barrier removal and prevention in compliance with the Accessibility for Ontarians with Disabilities Act and the Ontario Human Rights Code; THEREFORE, BE IT RESOLVED: (i) That Members of the Advisory Committee for Persons with Disabilities be approved to travel to neighbouring municipalities to review and identify accessibility barriers of Light Rail Transit (LRT) Systems in neighbouring municipalities like Kitchener and make recommendations with regard to barrier removal and prevention in compliance with the Accessibility for Ontarians with Disabilities Act and the Ontario Human Rights Code; and (ii) That the transportation costs be funded from the Advisory Committee for Persons with Disabilities 2023 approved budget for conferences and related travel expenses, to an upset limit of $1,000. (b) Transfer of the Remaining Funds from the 2022 Advisory Committee for Persons with Disability Budget to the Reserve (Item 12.1) That remaining funds from the 2022 Advisory Committee for Persons with Disabilities Budget
Moved by Pauls, seconded by Hwang
Carried
(a) That pursuant to Procurement Policy #12, Council approve the procurement of the Call Handling System component for Next Generation 9-1-1 (NG9-1-1) implementation for the Hamilton Fire Department and Hamilton Police Service and that the General Manager, Finance and Corporate Services Department be authorized to negotiate, enter into and execute, on behalf of the City of Hamilton, a contract, renewals, extensions, amendments and any ancillary documents required to give effect thereto with Comtech Solacom Technologies Inc., in a form satisfactory to the City Solicitor and with content acceptable to the General Manager, Finance and Corporate Services; and, (b) That the General Manager, Finance and Corporate Services Department be authorized to negotiate, enter into and execute, on behalf of the City of Hamilton, all necessary funding agreements, renewals, extensions, amendments, and any ancillary documents with His Majesty the King in Right of Ontario as represented by the Solicitor General (the Province of Ontario) for acceptance of funding to support the transition to NG9-1-1, in a form satisfactory to the City Solicitor and with content acceptable to the General Manager, Finance and Corporate Services. Result: MOTION,
Moved by Beattie, seconded by Cassar
Carried
(a) That City of Hamilton’s Revised Media Relations Policy, attached as Appendix “A” to Report CM23007(a) (as amended at the February 15, 2023 General Issues Committee Meeting), as further Amended, be approved; and, (b) That the full implementation of the policy be delayed from July 31, 2023 to August 31, 2023 to allow for necessary preparations and training to occur. Result: MAIN MOTION, As Amended,
Moved by Danko, seconded by Cassar
Carried
That the City of Hamilton support and endorse the Federation of Canadian Municipalities Pre-Budget 2023 Priorities titled “A better life for all Canadians” outlined in “Appendix A” to Report CM23013, ahead of the 2023 Federal Budget. Result: MOTION,
Moved by Nann, seconded by McMeekin
Carried
That City staff report back on any investments, monetary, in kind, and in staff time, including any estimates if specifics are not available, that were contributed by the City of Hamilton to the 2026 and 2030 Commonwealth Games bids. Result: MOTION,
Moved by Kroetsch, seconded by Danko
Carried
WHEREAS, the City of Hamilton first launched the temporary On-Street Patio Pilot Program in 2016, which became the permanent Temporary Outdoor Patio Program in 2022; WHEREAS, the Temporary Outdoor Patio Program provides an opportunity for restaurants and cafes to open temporary outdoor patios in on-street parking spaces, off-street parking lots, sidewalks, alleyways and boulevards; WHEREAS, the Temporary Outdoor Patio Program provides an important opportunity for local restaurants and cafes to increase their capacity through outdoor dining, and also helps to animate local commercial areas; WHEREAS, during COVID, the City waived all applicable City fees for the Temporary Outdoor Patio Program in order to support economic recovery; WHEREAS, the Mayor’s Task Force on Economic Recovery recommended as one of its priority initiatives the waiving of City fees for the Temporary Outdoor Patio Program; WHEREAS, the waiving of City fees expired in 2022, resulting in potential costs to local businesses in 2023 (above and beyond the costs of the patio itself) as follows: (1) City Fee Temporary Outdoor Patio Application Fee - $676.11 (2) City Fee Temporary Patio Occupation of Parking Space fee (if applicable) - $875/space (3) City Fee Temporary Patio Installation of Safety Devices fee (if applicable) - $800 (4) Provincial Fee Liquor License Extension - $815 (5) City Fee City Liquor Licensing fee - $561.83 WHEREAS, in addition to the above fees, in 2022, as a result of new Restaurant Patio
Moved by McMeekin, seconded by Hwang
Carried
(a) That the directions to staff in Closed Session respecting Acquisition of Land in the City of Hamilton (Ward 10), be approved; and General Issues Committee March 22, 2023 Minutes 23-010 Page 15 of 36 (b) That the details of the motion respecting Acquisition of Land in the City of Hamilton (Ward 10), remain confidential, with the exception of the purchase price for the lands, which will be publicly released in a Communication Update, if the property purchase is successful. Result: MOTION,
Moved by Beattie, seconded by Cassar
Carried
(a) That the direction provided to staff in Closed Session, respecting Report LS20023(f), Privileged Solicitor-Client Encampment Litigation be approved and remain confidential; and (b) That Report LS20023(f), respecting the Privileged Solicitor-Client Encampment Litigation and its appendices remain confidential. Result: MOTION,
Moved by Francis, seconded by Cassar
Carried
That the agenda for the March 22, 2023 General Issues Committee meeting, be approved, as amended. Result: MOTION,
Moved by Nann, seconded by Beattie
Carried
That the following minutes of the General Issues Committee be approved, as presented: (i) February 15, 2023 (Item 4.1) (ii) February 28, 2023 – Special (Item 4.2) (iii) March 1, 2023 – Budget (Item 4.3) (iv) March 9, 2023 – Special (Item 4.4) General Issues Committee March 22, 2023 Minutes 23-010 Page 18 of 36 Result: MOTION,
Moved by Pauls, seconded by Horwath
Carried
That the Communications items, be approved, as follows: (i) Correspondence from Tys Theijsmeijer, Head of Natural Areas, Royal Botanical Gardens, respecting Item 9.5 - Chedoke Creek Order – Remediation Update (Added Item 5.1) Recommendation: Be received and referred to consideration of Item 9.5. (ii) Correspondence from Greg Dunnett, President and CEO, Hamilton Chamber of Commerce, respecting Item 11.2 - 2023 Temporary Outdoor Patio Program Fees (Added Item 5.2) Recommendation: Be received and referred to consideration of Item 11.2. Result: MOTION,
Moved by M. Wilson, seconded by Hwang
Carried
That the following Delegation Requests, be approved, as follows: (i) Daniel Freiheit, respecting vaccination requirement and how that's creating resource issues in the system (Virtual) (For a future meeting) (Item 6.1) (ii) Hafeez Hussain, respecting Equity, Diversity and Inclusion and My Experience with the City of Hamilton (In-Person) (For a future meeting) (Item 6.2) (iii) James Kemp, respecting Item 11.2 2023 Temporary Outdoor Patio Program Fees (Virtually) (For today's meeting) (Added Item 6.3) (iv) Adan Amer and Lucia Iannantuono, Hamilton 350, respecting Item 10.3 - Gas Tax Transfer funding agreement (In-Person) (For today's meeting) (Added Item 6.4) Result: MOTION,
Moved by Horwath, seconded by A. Wilson
Carried
That the Delegation from James Kemp, respecting Item 11.2 - 2023 Temporary Outdoor Patio Program Fees, be received. Result: MOTION,
Moved by Beattie, seconded by Hwang
Carried
General Issues Committee March 22, 2023 Minutes 23-010 Page 21 of 36 That the Delegation from Adan Amer and Lucia Iannantuono, Hamilton 350, respecting Item 10.3 - Gas Tax Transfer funding agreement, be received. Result: MOTION,
Moved by Cassar, seconded by A. Wilson
Carried
That the presentation respecting the Hamilton Waterfront Trust - Options for Future Operations, Programs & Services, be received. Result: MOTION,
Moved by Beattie, seconded by Hwang
Carried
(a) That sub-section (b) to Report FCS23029, respecting the Hamilton Waterfront Trust - Options for Future Operations, Programs & Services, be amended by deleting sub-section (i), renumbering the General Issues Committee March 22, 2023 Minutes 23-010 Page 23 of 36 remaining sub-sections accordingly, and adding a new sub-section (ii), as follows: (b) That a detailed review of the following two business models for the Hamilton Waterfront Trust future operations be undertaken as follows: (i) Status quo with consideration of varying the business model and governance structure; and (ii)(i) A joint model whereby the management and operations of programs and services are principally delivered by the Hamilton Waterfront Trust with the potential for some operations delivered by and the City of Hamilton; (iii)(ii) Winding up the Hamilton Waterfront Trust, inclusive of a recommended process founded on the City of Hamilton assuming the responsibility for existing programming and services delivered by the Hamilton Waterfront Trust. (b) That sub-section (c) be amended by adding the words “and other external expertise” following it in its entirety and replacing it with the following the words KPMG LLP, as follows: (c) That Council approve a single-source procurement, pursuant to Procurement Policy #11 – Non competitive Procurements, for a detailed review of the two business models for Hamilton Waterfront Trust operations and that the General Manager, Finance and Corporate Services Departmen
Moved by Kroetsch, seconded by Hwang
Carried
That the Business Improvement Advisory (BIA) Sub-Committee Minutes of January 10, 2023, be received. Result: MOTION,
Moved by Clark, seconded by Hwang
Carried
That staff be directed to report back to the General Issues Committee on the mechanisms in place to ensure payment to the City of the Municipal Accommodation Tax. General Issues Committee March 22, 2023 Minutes 23-010 Page 25 of 36 Result: MOTION,
Moved by Clark, seconded by Cassar
Carried
That the General Issues Committee recess for 35 minutes until 1:00 pm. Result: MOTION,
Moved by Hwang, seconded by Kroetsch
Carried
That Appendix “A” to Report CM23007(a), respecting the Media Relations Program Review – Update to Media Relations Policy, be amended, by removing from Page 1, Paragraph 4, under the Scope Section: This policy is supported by the City’s Media Accreditation Policy and Procedures to ensure that City resources used to aid the media in their news gathering and distribution are used effectively and efficiently and in alignment with the Communications and Strategic Initiatives mandate to assist members of the media. Result: Amendment,
Moved by M. Wilson, seconded by A. Wilson
Carried
(a) That staff consult with the Advisory Committee for Persons with Disabilities (ACPD) at their next meeting and consider recommendations from delegate James Kemp as delivered at the March 22, 2023 General Issues Committee and other best practices. (b) That staff report back to the General Issues Committee with recommendations. Result: MOTION,
Moved by Kroetsch, seconded by Tadeson
Carried
That the Amendments to the Outstanding Business List, be approved, as amended, as follows: (a) Items Considered Complete and Needing to be Removed: (Item 13.1(a)) Submission for the Disaster Mitigation and Adaptation Fund Intake Two Program OBL Item: L Added: October 6, 2021 at GIC (Item 7) Completed: February 15, 2023 at GIC (Item 9.3) Property & Liability Insurance Renewal (LS22036) (City Wide) OBL Item: OO Added: November 30, 2022 at GIC (Item 12) Completed: January 18, 2023 at GIC (Item 10.20) Amendment to Appendix “A” of Item 4.1 of the August 26, 2021 Council Minutes, respecting Report HUR21008, the Mandatory COVID-19 Vaccination Verification Policy, which was approved by Council on August 26, 2021 - REVISED OBL Item: PP Added: December 7, 2022 at Council (Item 7.12) Completed: February 1, 2023 at GIC (Item 9.2) The 2023 Battle of Stoney Creek Event OBL Item: Z Added: June 8, 2022 at Council (Item 6.2) Completed: March 22, 2023 at GIC (Item 10.2) Methodology for Municipal Accommodation Tax Collection OBL Item: FF Added: August 4, 2022 at GIC (Item 4(n)) Completed: March 22, 2023 at GIC (Item 9.2) General Issues Committee March 22, 2023 Minutes 23-010 Page 32 of 36 Health-Related Incidents Associated with Exposure to Contaminated Waterways in the Chedoke Creek & Cootes Paradise OBL Item: G Added: November 20, 2019 at GIC Completed: March 22, 2023 at GIC (Item 9.4) Media Relations Program Review – Update to Media Relations Policy (CM23007) OBL Item: 2023-N Added: February
Moved by Kroetsch, seconded by Pauls
Carried
That the following Closed Session Minutes be approved and remain confidential: (i) Closed Session Minutes – February 15, 2023 (Item 14.1) (ii) Closed Session Minutes – March 1, 2023 - Budget (Item 14.2) Result: MOTION,
Moved by Hwang, seconded by Pauls
Carried
That the General Issues Committee meeting of March 22, 2023, be extended past the 5:30 pm curfew, up to an additional 60 minutes. Result: MOTION,
Moved by Clark, seconded by Francis
Carried
That Committee move into Closed Session to discuss Items 14.3 and 14.4, pursuant to Section 9.3, Sub-sections (c), (e), (f) and (k) of the City's Procedural By-law 21-021, as amended, and Section 239(2), Sub-sections (c), (e), (f) and (k) of the Ontario Municipal Act, 2001, as amended, as the subject matters pertain to a proposed or pending acquisition or disposition of land by the municipality or General Issues Committee March 22, 2023 Minutes 23-010 Page 35 of 36 local board; 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. Result: MOTION,
Moved by Hwang, seconded by Horwath
Carried
That there being no further business, the General Issues Committee be adjourned at 6:43 p.m. Result: MOTION,
Moved by Francis, seconded by Tadeson
Carried

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