Council

That the agenda for the February 10, 2021 meeting of Council be approved, as amended. Result: Motion

Council Minutes 21-003 February 10, 2021 Page 4 of 37 That the Minutes of the January 20, 2021 and January 25, 2021 meetings of Council be approved, as presented. Result: Motion

That Council Communications 4.1 to 4.17 be approved, as follows: 4.1 Correspondence from the City of Sarnia requesting support for their resolution respecting the Line 5 Pipeline. Recommendation: Be received. 4.2 Correspondence from the Town of Bracebridge requesting support for their resolution respecting Infrastructure Funding. Recommendation: Be received. 4.3 Correspondence respecting the proposed development at 1400 Baseline Road in Stoney Creek: (a) Tammy Felts, President of Wentworth Common Element Condominium Corp. (WCECC) (b) Steve Karo (c) Don Lindsay (d) Mark Falkinson (e) Peter Wiltshire (f) Karen Patterson (g) Mandy Halliday Council Minutes 21-003 February 10, 2021 Page 5 of 37 (h) Ross Crompton (i) Nada & Jonathan Barlow (j) Gwen Dale (k) Tammy Felts, President of Wentworth Common Element Condominium Corp. (WCECC) (l) Nick Velenosi (m) Ruth & Gerry Southwell (n) Dawn Simpson (o) Linda MacMillan (p) Tammy Felts, President of Wentworth Common Element Condominium Corp. (WCECC) (q) Sean Robertson (r) Dianna France (s) Tammy Felts, President of Wentworth Common Element Condominium Corp. (WCECC) (t) Sushil Joshi (u) Uday Thapar (v) Gary Deziel (w) Cody Lee (x) Angela Macri (y) Karin & Ralph Van Dorsten (z) Ranjit Singh (aa) Ralph & Sherry Corning (ab) Jordan Sadler (ac) Jivitesh Chawla (ad) Bonny & Robert Cayen (ae) Sacha Poshni (af) Shujaat Siddiqui (ag) Steve Karo (ah) Sean Thomson (ai) James Macri (aj) Sonam Narang (ak) Errol Jamieson (al) Soha Vahid (am) Priscilla

That Council move into Committee of the Whole to consider the Committee Reports. Result: Motion

That the Selection Committee Report 21-001, being the meeting held on January 20, 2021, be received. Result: Motion on the Selection Committee Report 21-001,

That the Special Sole Voting Member of the Hamilton Farmers' Market Report 21-001, being the meeting held on January 25, 2021, be received and the recommendations contained therein be approved. Result: Motion on the Special Sole Voting Member of the Hamilton Farmers' Market Report 21-001,

That Public Works Committee Report 21-002, being the meeting held on Monday, February 1, 2021, be received and the recommendations contained therein be approved. Result: Motion on the Public Works Committee Report 21-001,

That Planning Committee Report 21-002, being the meeting held on Tuesday, February 2, 2021, be received and the recommendations contained therein be approved. Council Minutes 21-003 February 10, 2021 Page 11 of 37 Due to a declared conflict, Item 5 was voted on separately as follows: 5. Potential Donation to Hamilton Habitat for Humanity – 3 North Park Avenue, Hamilton (Item 11.2) Result: Motion on Item 5

Council Minutes 21-003 February 10, 2021 Page 12 of 37 That General Issues Committee Report 21-003, being the meeting held on Wednesday, February 3, 2021, be received and the recommendations contained therein be approved. At Council’s request, Item 5 (a) and (b) were voted on separately as follows: 5. Ombudsman’s Inquiry (FCS21019/LS21004) (City Wide) (Item 13.2) (a) That the direction provided to staff in Closed Session, respecting Report FCS21019/LS21004 - Ombudsman’s Inquiry, be approved; and, Result: Motion on Item 5 (a)

WHEREAS, an amendment to Section 8.4 (i) and (ii) was approved at the February 4, 2021, Audit, Finance and Administration Committee excluding the member of Council or Committee who has been ordered to vacate the place the meeting is being held, from voting; and WHEREAS, Sections 6.2 (3); (5) and (10) of the Council Procedural By-law attached as Appendix ‘C’ to Audit, Finance & Administration Committee Report 21-002, states that “every Member of Council or Committee present and participating in a vote on a motion, shall vote”; THEREFORE BE IT RESOLVED: That subsection (a) (c) of Item 4 to Audit, Finance and Administration Committee Report 21- 002, be amended as follows: 4. Governance Review Sub-Committee Report 21-001 - January 25, 2021 (Item 9.4) Council Minutes 21-003 February 10, 2021 Page 14 of 37 (a) 2020 Review of the City's Procedural By-law Amendments (FCS21004 / LS21001) (Item 9.1) (c) That the Council Procedural By-law attached as Appendix ‘C’ to Audit, Finance & Administration Committee Report 21-002, as further amended, be enacted by Council: 8.4 Should a Member of Council persist in conducting themselves in a manner contrary to the rules set forth in subsection 8.1 after having been called to order by the Mayor or the Chair of the Committee, the Mayor or the Chair may order them to vacate the place the meeting is being held: (i) If the Member of Council apologizes, they may, by two-thirds majority vote of the Council or Committee members (excluding the member of C

That Emergency and Community Services Committee Report 21-001, being the meeting held on Thursday, February 4, 2021, be received and the recommendations contained therein be approved. Result: Motion on the Emergency and Community Services Committee Report 21-001,

That the Committee of the Whole Rise and Report. Result: Motion

WHEREAS, at its meeting of December 8, 2017, Council formalized the designation of the tobogganing hills in the City of Hamilton, which were later amended to reflect a change from the Martin Course Hole #10 to the Beddoe Course Hole #1, on November 27, 2019 (General Issues Report 15-025) and December 11, 2019 (General Issues Report 17-025), as follows: (i) Garth Street Reservoir (Northeast corner and South side, east of parking lot); (ii) Chedoke Golf Course (Beddoe Course, Hole #1 - Tee); (iii) Kings Forest Golf Course (Hole #9 – in front of the green); (iv) Waterdown Memorial Park (Northeast corner, west of baseball diamond #3); WHEREAS, at its meeting of December 8, 2017, Council also approved ‘that no further sites be added as designated tobogganing hills within the City’; WHEREAS, as per the Section 27 (1) of the Parks By-Law No. 01-219: Skiing, Tobogganing and Sledding states that ‘No person shall downhill ski, toboggan, snowboard, skibob or sled in any area park unless otherwise posted to allow same’; Council Minutes 21-003 February 10, 2021 Page 17 of 37 WHEREAS, at this time, residents are being encouraged to participate in outdoor winter activities while being asked to wear their masks or face coverings; WHEREAS, the site description for the designated toboggan hill at Waterdown Memorial Park is ambiguous and is better described at the west facing hill at the east side of the Park facing baseball diamond #3; WHEREAS, it also necessary to expand the tobogganing hill

WHEREAS, the next meeting of the Mayor’s Task Force on Economic Recovery is scheduled for February 12, 2021; Council Minutes 21-003 February 10, 2021 Page 19 of 37 WHEREAS, the Arts Advisory Commission, at their January 26, 2021 meeting unanimously passed a motion asking Councillors Danko and Farr to share with Council and the Mayor’s Task Force on Economic Recovery their support for the task force’s work; and WHEREAS, the Arts Advisory Commission will not be meeting again until March 23, 2021 and the January 26, 2021 meeting minutes will not be before Committee and Council until April 2021. THEREFORE, BE IT RESOLVED: (a) That the Mayor’s Task Force on Economic Recovery be advised: (i) That the Arts Advisory Commission is in full support of the Mayor’s Task Force on Economic Recovery recommendations on Arts and Culture; (ii) That the Arts Advisory Commission encourages Council to address the immediate needs as quickly as possible; and (iii) That the Arts Advisory Commission is available to the Mayor’s Task Force on Economic Recovery for their expertise and assistance in order to action any of the Arts and Culture recommendations. Result: Motion

That Mayor Fred Eisenberger be appointed to the Advisory Committee for Persons with Disabilities for the remainder of the 2018-2022 Term of Council. Result: Motion

(a) That sub-section (a) of Item 12 of the Planning Committee Report 20-015, respecting Report PED20195 – Applications for Urban Hamilton Official Plan Amendment and Zoning By-law Amendment for lands located at 19 Dawson Avenue, Stoney Creek, be amended as follows: (a) That Amended Official Plan Amendment Application UHOPA-20-007 by DeFilippis Design, on Behalf of Marco Centofanti, Owner, for a change in designation from “Institutional” to “Medium Density Residential 3” and to identify the subject lands as a Site Specific Policy Area in the Old Town Secondary Plan with respect to use, density and building height to permit the development of five, two and a half storey street townhouse dwellings, for lands located at 19 Dawson Avenue, as shown on Appendix “A” to Report PED20195, be DENIED on the following basis: Council Minutes 21-003 February 10, 2021 Page 21 of 37 (i) That the draft Official Plan Amendment, attached as Appendix “B” to Report PED20195, which has been prepared in a form satisfactory to the City Solicitor, be enacted by City Council; and, (ii) That the proposed Official Plan Amendment is consistent with the Provincial Policy Statement (2020) and conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). (b) That sub-section (b) of Item 12 of the Planning Committee Report 20-015, respecting Report PED20195 – Applications for Urban Hamilton Official Plan Amendment and Zoning By-law Amendment for lands located at 19 Dawson Avenue, Stoney Cre

WHEREAS, on January 20, 2021, Council approved the Physician Recruitment Program Contract Extensions – Program Coordinator and Practice Advisor and Physician Recruitment Coordinator; WHEREAS, City of Hamilton Human Resources staff have confirmed that the City of Hamilton has a responsibility to provide human resources support to Hamilton Physicians/the Physician Recruitment Program; WHEREAS, City of Hamilton Human Resources staff have recommended that the contracts for the Physician Recruitment Program Coordinator and Practice Advisor, and Physician Recruitment Coordinator should be extended for a fixed term, rather than a month-to-month term; and Council Minutes 21-003 February 10, 2021 Page 23 of 37 WHEREAS, the Physician Recruitment & Retention Steering Committee is currently considering the restructuring of the Physician Recruitment Program, and its review of the program is expected to be carried out over the next several months. THEREFORE, BE IT RESOLVED: That Item 7.1 of the January 20, 2021 Council Minutes, respecting the Physician Recruitment Program Contract Extensions – Program Coordinator and Practice Advisor and Physician Recruitment Coordinator, be amended, to read as follows: (a) That the current Physician Recruitment Program Coordinator and Practice Advisor’s contract be extended from March 1, 2021 to provide a continuation of services to the Physician Recruitment program, with the following changes: (i) That the Physician Recruitment Program Coordinator and Pr

WHEREAS Councillor Brad Clark has advised the Mayor and City Clerk that he will be stepping down as the Chair of the Audit and Finance Committee, Vice-Chair of the Emergency and Community Services Committee and Chair of the Development Charge Stakeholders Sub-Committee effective immediately; THEREFORE BE IT RESOLVED: (a) That Council accept Councillor Brad Clark resignations as the Chair of the Audit and Finance Committee, Vice-Chair of the Emergency and Community Services Committee and Chair of the Development Charge Stakeholders Sub- Committee effective immediately, and (b) That the Audit and Finance Committee, Emergency and Community Services Committee and Development Charge Stakeholders Sub-Committee make the necessary appointments at their next scheduled meetings. Result: Motion

That Item 6 of the January 12, 2021 Planning Committee Report (21-001), respecting Report PED20002, City Initiative CI-20-A to Amend the Urban Hamilton Official Plan and Zoning By-law for lands located at 1400 Baseline Road, Stoney Creek, which was approved by Council on January 20, 2021 and reads as follows, be reconsidered: 6. City Initiative CI-20-A to Amend the Urban Hamilton Official Plan and Zoning By-law for lands located at 1400 Baseline Road, Stoney Creek (PED20002) (Ward 10) (Item 8.2) (a) That City Initiative CI-20-A, to amend the Urban Hamilton Official Plan to change the designation from “Low Density Residential 2b” to “Medium Density Residential 3” designation, and identified as a Site Specific Policy Area in the Urban Lakeshore Area Secondary Plan for the lands located at 1400 Baseline Road, Stoney Creek, as shown on Appendix “A” to report PED20002, be APPROVED on the following basis: (i) That the draft Official Plan Amendment, attached as Appendix “B” to Report PED20002, which has been prepared in a form satisfactory to the City Solicitor, be enacted by Council; and, (ii) That the draft Official Plan Amendment is consistent with the Provincial Policy Statement (2020) and conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019, as amended). (b) That City Initiative CI-20-A, to rezone the subject lands from the Neighbourhood Development “ND” Zone to the Multiple Residential “RM3-69(H)” Zone, Modified, Holding, under Zoning By-law No. 3692

WHEREAS, Council has received numerous communications from the public regarding how notice was provided with respect to City Initiative CI-20-A to Amend the Urban Hamilton Official Plan and Zoning By-law for lands located at 1400 Baseline Road, Stoney Creek; WHEREAS, staff have confirmed that the legislated obligations as per the Planning Act, with respect to notice of a City Initiative was provided; and WHEREAS, the public has the right to comment on planning matters and Council has an obligation to provide the public with an opportunity to comment on planning matters. THEREFORE, BE IT RESOLVED: (a) That Item 6 of the January 12, 2021 Planning Committee Report (21-001), respecting Report PED20002, City Initiative CI-20-A to Amend the Urban Hamilton Official Plan and Zoning By-law for lands located at 1400 Baseline Road, Stoney Creek, which was approved by Council on January 20, 2021, be referred back to the Planning Committee for further consideration; (b) That staff be directed to schedule a neighbourhood information meeting in conjunction with the Ward Councillor, and that notice of the meeting be made by way of mailout Council Minutes 21-003 February 10, 2021 Page 30 of 37 and that the limits of the mailout be determined based on consultation with the Ward Councillor; and (c) That staff be directed to provide enhanced public notice of the statutory public meeting of the Planning Committee which will include posting a sign on the property, mailout and publishing in the new

WHEREAS, on September 11, 2019, Council authorized and directed the General Manager of the Healthy and Safe Communities Department or his designate to deliver and administer the Canada Ontario Community Housing Initiative ("COCHI") and Ontario Priorities Housing Initiative ("OPHI") programs through (HSCI 19042(a)); WHEREAS, the City of Hamilton as Service Manager and the Minister of Municipal Affairs and Housing entered into an Ontario Transfer Payment Agreement for COCHI/OPHI effective as of September 23, 2019 (the “Agreement”). WHEREAS, the Minister of Municipal Affairs and Housing wishes to allocate COCHI funding to the Service Manager for fiscal year 2020-2021 for the development of a 24 unit modular construction affordable housing project; and WHEREAS, accepting the additional COCHI funding requires that the Agreement be amended. THEREFORE, BE IT RESOLVED: Council Minutes 21-003 February 10, 2021 Page 31 of 37 (a) That the General Manager of the Healthy and Safe Communities Department or his designate be authorized and directed to accept, deliver and administer the additional Canada-Ontario Community Housing Initiative (“COCHI”) funding as outlined in the amended Ontario Transfer Payment Agreement for COCHI/OPHI; (b) That the General Manager of the Healthy and Safe Communities Department (“GM”) be authorized and directed to execute on behalf of the City any necessary amendments to the Ontario Transfer Payment Agreement for COCHI/OPHI including all ancillary agreements an

That the Rules of Order be waived to allow for the introduction of a Motion respecting the resignations from the Chair of the Audit and Finance Committee, Vice-Chair of the Emergency and Community Services Committee and Chair of the Development Charge Stakeholders Sub-Committee. Result: Motion

That the Rules of Order be waived to allow for the introduction of a Motion respecting the Reconsideration of Item 6 of the Planning Committee Report 21-001 respecting Council Minutes 21-003 February 10, 2021 Page 33 of 37 Report PED20002, City Initiative CI-20-A to Amend the Urban Hamilton Official Plan and Zoning By-law for lands located at 1400 Baseline Road, Stoney Creek approved at the January 20, 2021 Council meeting. Result: Motion

That the Rules of Order be waived to allow for the introduction of a Motion respecting the Ontario Transfer Payment Amendment Agreement for COCHI/OPHI. Result: Motion

That the Closed Session Minutes dated January 20, 2021 be approved, as presented, and remain confidential. Result: Motion

Council Minutes 21-003 February 10, 2021 Page 35 of 37 That the following citizen be appointed to the Advisory Committee for Persons with Disabilities for a term commencing February 10, 2021, and until a successor is chosen: 1. Robert Semkow Result: Motion

That Bills No. 21-010 to No. 21-017 be passed and that the Corporate Seal be affixed thereto, and that the By-laws as amended, be renumbered, be signed by the Mayor and the City Clerk to read as follows: 010 To Amend By-law No. 01-215 Being a By-law To Regulate Traffic Schedule 5 (Stop Control) Ward: 1, 8, 9, 13 011 To Establish City of Hamilton Land Described as Parts 1 and 2 on Plan 62R-20006, be established as a Public Highway to form part of Greenravine Drive. Ward: 12 012 To Adopt: Official Plan Amendment No. 143 to the Urban Hamilton Official Plan respecting: 15 Church Street (Ancaster) Ward:12 013 To Amend Zoning By-law No. 87-57 Respecting Lands Located at 15 Church Street Ward: 12 Council Minutes 21-003 February 10, 2021 Page 36 of 37 014 To Amend By-law No. 01-218, as amended, Being a By-law To Regulate On-Street Parking Schedule 8 – No Parking Schedule 12 – Permit Schedule 13 – No Stopping Schedule 14 – Wheelchair Loading Zone Ward: 3, 4, 10, 12, 13 015 To Repeal and Replace By-Law 17-277 Emergency Management Program By-Law Ward: City Wide 016 To Authorize the Execution of the Ontario Transfer Payment Amending Agreement for the Canada-Ontario Community Housing Initiative and the Ontario Priorities Housing Initiative between the City of Hamilton and Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing for the Province of Ontario to Receive Funding Under the Canada-Ontario Community Housing Initiative and the Ontar

Council Minutes 21-003 February 10, 2021 Page 37 of 37 That, there being no further business, City Council be adjourned at 12:04 p.m. Result: Motion