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General Issues Committee
June 17, 2015
What was decided (27 motions)
27 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.
That Report LS15016, respecting the Annual Comprehensive Legal Services Report, be received.
Moved by Farr, seconded by Pearson
Carried
That Report PW14031(a), respecting the Cannon Street Bi-directional Cycle Track Pilot Project, be received.
Moved by Farr, seconded by Green
Carried
That Report FCS14044(b), respecting the Anti-Racism Resource Centre Project Report, be received.
Moved by A. Johnson, seconded by Duvall
Carried
That Report PED15075, respecting the Main Street West Esplanade Business Improvement Area (BIA) - Meeting to Discuss Possible Dormancy, be received.
Moved by Eisenberger, seconded by Partridge
Carried
That Report PED15073, respecting Future Ready Leadership Program, be received.
Moved by Farr, seconded by Conley
Carried
That the Response from Chief Glenn DeCaire, on behalf of the Hamilton Police Service Board, respecting Council’s resolution regarding the Proposed Legislation to Limit the Speed Achievable in Commercially Sold Vehicles in Canada, be received.
Moved by Ferguson, seconded by Green
Carried
That Hamilton Police Service Board Reports (PSB 15-017, PSB 15-036 and PSB 15-048), be received.
Moved by Eisenberger, seconded by Ferguson
Carried
(a) That the City of Hamilton enter into a Joint Development and Construction Agreement (the “JDC Agreement”) with the Hamilton Wentworth District School Board (the “HWSDB”), and all necessary ancillary agreements, for the design and construction of the Bernie Morelli Centre, the new school, and related amenities including parking and green space in accordance with South Stadium Precinct Concept Plan attached as Appendix A to Report CM14014(a); (b) That City Staff be directed to enter into negotiations with the HWDSB, to execute a cost sharing contribution agreement and any other necessary agreements, in order to build the Bernie Morelli Centre and related amenities in a form satisfactory to the City Solicitor with content acceptable to the General Manager of Public Works; (c) That City Staff be directed to enter into negotiations with the HWDSB, to execute any other necessary agreements, including leases, licences, shared use, reciprocal rights, and/or cost sharing agreements necessary to affect the cooperative use of the collective lands and facilities over the terms of the lease, on terms and conditions (including, for example, agreement term lengths) deemed appropriate by the General Manager of Planning and Economic Development in consultation with the General Manager of Public Works, and in a form satisfactory to the City Solicitor; (d) That the Mayor and City Clerk be authorized and directed to execute any agreements and to give effect to the recommendations in this rep
Moved by Eisenberger, seconded by Collins
Carried
(a) That a Hamilton Tax Increment Grant Program (HTIGP) application submitted by Royal Connaught Inc. (Rudi Spallacci, Ted Valeri), for the property at 112 King Street East, Hamilton, for a Hamilton Tax Increment Grant Program (HTIGP) grant estimated at $1,621,688.17, over a maximum of a five-year period, and based upon the incremental tax increase attributable to the redevelopment of 112 King Street East, be authorized and approved in accordance with the terms and conditions of the Program; and, (b) That the Mayor and City Clerk be authorized and directed to execute the Grant Agreement, attached as Appendix “A” to Report PED15079, in a form satisfactory to the City Solicitor.
Moved by Eisenberger, seconded by A. Johnson
Carried
(a) Edward John, Senior Project Manager, Development Planning, Val Mitchell, Tax Appeals Officer and David Janaszek, Assessment Review Officer, respecting the Impact of Commercial Tax Classification Changes on Business Improvement Areas (Item 5.1) That staff from Planning, Municipal Law Enforcement and the Building Department be directed to look at the feasibility of applying a mandatory Business Improvement Area fee for any commercial properties within a Business Improvement Association Area regardless of the zoning, or current use, of the property and that they report to the Business Improvement Area Advisory Committee with their findings. (b) Working Group (Added Item 5.4) (a) That a Working Group of the Business Improvement Area Advisory Committee (BIAAC) be formed for the purpose of discussing the Ontario BIA Association’s Review of the Ontario Municipal Act; (b) That the members of the Ontario Municipal Act Review Working Group be: Lisa Anderson, Susie Braithwaite, Kathy Drewitt and Marty Schreiter; and, (c) That the Ontario Municipal Act Review Working Group report to the BIAAC at a future meeting.
Moved by Eisenberger, seconded by Partridge
Carried
That Report FCS15043, respecting the Funding for the Purchase of Surplus School Property - Bishop Ryan School in Hamilton, remain confidential until such time as the real estate transaction is complete.
Moved by Collins, seconded by Farr
Carried
(a) That the Real Estate Section of the Economic Development Division, Planning and Economic Development Department be authorized and directed to enter into an agreement to exchange lands with the property owners at 236 Crestview Avenue, Ancaster (referred to as Part 1 on the map attached to Report PW15051 as Appendix “B”) with the City of General Issues Committee June 17, 2015 Minutes 15-013 Page 6 of 15 Hamilton, for the property known as part of the Hemming Park Open Space (referred to as Part 2 on the map attached to Report PW15051 as Appendix “B”), for the purpose of providing public access to Hemming Park from Crestview Avenue; (b) That the cost associated with this transaction be funded from Account #55322, Dept. Id #444200; (c) That Report PW15051, respecting the Land Exchange Part of 263 Jerseyville Road West and part 236 Crestview Avenue remain confidential until the completion of the real estate transaction; (d) That the Mayor and the City Clerk be authorized and directed to execute all necessary documents in a form satisfactory to the City Solicitor.
Moved by Ferguson, seconded by Partridge
Carried
(a) That the Minutes of Settlement, attached as Appendix “B” to Report LS15017 / PED15086, resulting from the provisions of Sections 26 and 30 of the Ontario Expropriations Act, for vacant lands known as part of Lot 10, Concession 3 in the geographic Township of Barton in the City of Hamilton, all shown as Part 1 on Plan 62R-17378, being PIN 17113- 0248(LT), comprising a rectangular 0.2841 hectare (0.702 acre) parcel at the south east corner of Cumberland and Sanford Avenues, formerly part of property municipally known as 100 Cumberland Avenue, Hamilton, as shown on Appendix “A” to Report LS15017 / PED15086 (attached), be approved, implemented and completed; (b) Sub-section (b) remain confidential. (c) That Legal Services be directed and authorized to undertake any steps required to complete this settlement; (d) An amount of $25,000 as administrative compensation to the Real Estate Section and Legal Services for staff time related to this transaction, fees and disbursements, be charged to Capital Budget Item 59245- 4400650661 - Lifesaver Park Project and credited to Account No. 57880- 3560150200 - Property Purchases and Sales; (e) That the Mayor and Clerk be authorized and directed to execute all necessary documents in a form satisfactory to the City Solicitor; General Issues Committee June 17, 2015 Minutes 15-013 Page 7 of 15 (f) That Report LS15017/PED15086, respecting Minutes of Settlement, Sections 26 and 30, Expropriations Act, part of 100 Cumberland Avenue, being Part 1
Moved by Farr, seconded by Whitehead
Carried
(a) That the City Solicitor be authorized and directed to complete the transaction on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions on such terms as she considers reasonable; (b) That Real Estate Staff be authorized and directed to enter into negotiations for the purposes of acquiring an interest in lands required to support the installation and/or operation of the proposed transit infrastructure and facilities; (c) That the Mayor and City Clerk be authorized and directed to execute all necessary documents in a form satisfactory to the City Solicitor. (d) That Report PED15096, respecting the property Acquisition for the Strategic Expansion of City Facilities, remain confidential until such time as the real estate transaction is complete.
Moved by Partridge, seconded by Conley
Carried
That Report LS15019 respecting the White Star Litigation Update remain confidential.
Moved by Farr, seconded by Green
Carried
(a) That the City Solicitor be directed to appeal the decision of the Superior Court on Canada Post’s application. (b) That the Mayor be directed to request support from FCM, other interested municipalities, AMO and the Attorney General of the Province of Ontario. (c) That privilege be waived on the legal opinion of the Honourable Ian Binnie.
Moved by Whitehead, seconded by Duvall
Carried
That the agenda for the June 17, 2015 General Issues Committee meeting be approved, as amended.
Moved by Partridge, seconded by Pearson
Carried
That the Minutes of the June 3, 2015 meeting of the General Issues Committee be approved, as presented.
Moved by Green, seconded by Conley
Carried
That the delegation request submitted by Norman Kearney, The Peoples Platform, respecting the first Semi-Annual Monitoring Report, be approved for a future meeting of GIC.
Moved by Green, seconded by Duvall
Carried
That the presentation from Nathalie Xian Yi Yan, PhD, respecting a Proposal for a Parcel of Land for an Acupuncture and Traditional Chinese Medical Health Science Centre, be received and referred to the Medical Officer of Health and the Real Estate Division for their review.
Moved by Eisenberger, seconded by Conley
Carried
That the presentation from Stacey Zucker, Superintendent of Business, Hamilton Wentworth District School Board, respecting the Board’s Master Facilities Plan and the School Board Budget, be received.
Moved by Partridge, seconded by Conley
Carried
That the presentation respecting Construction Projects in the Stadium Precinct, be received.
Moved by Green, seconded by Farr
Carried
That Item 11.1 (a) and (b) respecting amendments to the Outstanding Business List, be approved.
Moved by Conley, seconded by Pearson
Carried
That the Closed Session Minutes of the May 20, 2015, meeting of the General Issues Committee be approved, as presented.
Moved by Partridge, seconded by Eisenberger
Carried
That the Closed Session Minutes of the June 3, 2015 meeting of the General Issues Committee be approved, as presented.
Moved by Partridge, seconded by Eisenberger
Carried
Committee moved into Closed Session, respecting Item 12.3 – Benefits Strategy/Labour Relations pursuant to Section 8.1, Sub-section (d) of the City's Procedural By-law 14-300, and Section 239(2), Sub-section (d) of the Ontario Municipal Act, 2001, as amended, as the subject matter pertains to labour relations or employee negotiations; Item 12.4 - Funding for the Purchase of Surplus School Property - Bishop Ryan School in Hamilton (FCS15043) (Ward 5) pursuant to Section 8.1, Sub-section (c) of the City's Procedural By-law 14- 300, and Section 239(2), 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 for City purposes; Item 12.5 - Land Exchange Part of 263 Jerseyville Road West and part 236 Crestview Avenue (PW15051) (Ward 12) pursuant to Section 8.1, Sub-section (c) of the City's Procedural By-law 14-300, and Section 239(2), Sub-section (c) of the Ontario Municipal Act, 2001, as General Issues Committee June 17, 2015 Minutes 15-013 Page 14 of 15 amended, as the subject matter pertains to a proposed or pending acquisition or disposition of land for City purposes; Item 12.6 - Minutes of Settlement, Sections 26 and 30, Expropriations Act, part of 100 Cumberland Avenue, being Part 1 on Plan 62R-17378 (LS15017/PED15086) (Ward 3) pursuant to Section 8.1, Sub- sections (c), (e) and (f) of the City's Procedural By-law 14-300, and Section 239(2), Sub-sections (c), (e) and (f) of the
Moved by Pearson, seconded by Conley
Carried
That, there being no further business, the General Issues Committee, be adjourned at 2:48 p.m.