Council

That the agenda for the May 8, 2024 meeting of Council be approved, as amended. Result: Motion

That the Minutes of the April 24, 2024 meeting of Council be approved, as presented. Result: Motion

That Council Communications 5.1 to 5.18 be approved, as presented as follows: 5.1 Correspondence from Conservation Halton respecting Conservation Halton's 2023 Audited Financial Statements. Recommendation: Be received. 5.2 Correspondence from the City of St. Catharines requesting support for their resolution respecting Provincial Regulations Needed to Restrict Keeping of Non- native ("exotic") Wild Animals. Recommendation: Be received. 5.3 Correspondence from Jelena Vermilion, Executive Director, SWAP Hamilton to the Honourable Filomena Tassi respecting support for regularization for undocumented people and permanent resident status for all migrants. Recommendation: Be received. 5.4 Correspondence respecting Stoney Creek's Veteran's Lane and the downtown parking lot: (a) Dr. Lozinski (b) Wayne Newman Recommendation: Be received. 5.5 Correspondence from the Municipality of Clarington requesting support for their resolution respecting The Perfect Storm - Impact of Provincial Changes on our Community. Recommendation: Be received. Council Minutes 24-010 May 8, 2024 Page 5 of 40 5.6 Correspondence from Rachel Jones, President, Hamilton Naturalists' Club respecting a Request for a Value for Money Audit on the Airport Employment Growth District Development Plans. Recommendation: Be received and referred to the Auditor General for consideration. 5.7 Correspondence from Rose Janson and Family in support of City-wide Green Building Standards. Recommendation: Be received. 5.8 Correspond

That Council move into Committee of the Whole for consideration of the Committee Reports. Result: Motion

That the consideration of sub-section (a)(i) of the amendment to Item 1 of the Public Health Committee Report 24-004, respecting Heat Response Strategy (BOH24010) (City Wide) (below), be deferred, in order for staff to review and report back to the Public Health Committee: 1. Heat Response Strategy (BOH24010) (City Wide) (Item 8.1) (a) That the Heat Response Strategy attached as Appendix “A” to Report BOH24010, with the exception of Action Numbers 6, 7, 9 and 10 be approved, as amended by including the following actions with proposed timelines for implementation: (i) To expand and align the eligibility of the existing Ontario Works air conditioner subsidy of $350 available to Social Assistance households, to include all low-income households who are most vulnerable to heat because of a severe medical condition, toward the purchase an energy efficient air conditioner; and that this expansion be funded through the Climate Change Reserve #108062 at an upset limit, including contingency, not to exceed $52,500.00; Result: MOTION on the DEFERRAL of Sub-section (a)(i) of the amendment to Item 1 of the Public Health Committee Report 24-004,

WHEREAS, the Ministry of Environment recently ordered GFL Environmental to lower the height of the stockpiled waste on the Stoney Creek Regional Facility to comply with final contours as per the Environmental Compliance Agreement within 24 months; WHEREAS, this stockpiling of waste occurred during cell construction and continued normal operations in the last year; WHEREAS, the Ministry Order admits that the odours are also coming from this stockpiled waste which has been the City’s and community’s position all along; and WHEREAS, a 24 month timeline to move the waste into the newly constructed cell and grade the landfill to final contours may cause an increase in odours over the same period of time. Council Minutes 24-010 May 8, 2024 Page 11 of 40 THEREFORE, BE IT RESOLVED: That Item 2, respecting the Third-Party Air Monitoring for Green for Life Stoney Creek Landfill (BOH24008) (Ward 5 and 9) of Public Health Committee Report 24-004, be amended, by adding a new sub-section (d), as follows: 2. Third-Party Air Monitoring for Green for Life Stoney Creek Landfill (BOH24008) (Ward 5 and 9) (Outstanding Business List Item) (Item 9.1) (d) That a letter be drafted by the Mayor to the Minister of Environment requesting that the Director’s order to lower the height of the stockpiled waste be expedited or shortened to a maximum of 12 months rather than the proposed 24 months. Result: Amendment to Item 2 of the Public Health Committee Report 24-004,

That Public Works Committee Report 24-005, being the meeting held on Monday, April 29, 2024, be received and the recommendations contained therein, be approved. Result: Motion on the balance of the Public Works Committee Report 24-005,

That Planning Committee Report 24-006, being the meeting held on Tuesday, April 30, 2024, be received and the recommendations contained therein be approved. Result: Motion on the Planning Committee Report 24-006,

That Item (h)(i)(1) respecting Facility Naming Sub-Committee Report 24-001 - April 19, 2024 (Item 10.3), Re-Naming of the Former St. Mark’s Church (PED24076) (Ward 2) (Item 10.1), be lifted from the Information Section and added as Item 8 of the General Issues Committee Report 24-008, as follows: 8. Facility Naming Sub-Committee Report 24-001 - April 19, 2024 (Item 10.3) (i) Re-Naming of the Former St. Mark’s Church (PED24076) (Ward 2) (Item 10.1) That the St. Mark’s Church located at 115 Hunter Street West, Hamilton, be renamed Magnolia Hall. Result: Motion to Lift Item (h)(i)(1) and add it as Item 8 of the General Issues Committee Report 24-008,

That Item 1(e)(v) of the of the Audit, Finance and Administration Committee Report 24-009, respecting 2024 Development Charges Background Study, Policies and By-laws - Final Report (FCS23103(b)) (City Wide) - REVISED, be amended, as follows: 1. 2024 Development Charges Background Study, Policies and By-laws - Final Report (FCS23103(b)) (City Wide) - REVISED (Added Item 8.1(a)) (e) That Appendix "A" as amended, by adding a new Section 34 and amending all references in Sections 1(iii) and 35 from “Previous Use” to “Current Use” attached to Report FCS23103(b) respecting a single 2024 Development Charges By-law, prepared in a form satisfactory to the City Solicitor and including the following discretionary exemption policies, be passed and enacted: (v) A reduced rate discretionary exemption be provided for industrial development (other than manufacturing) at a 37% discount in Year 1 and Year 2 (June 1, 2024 to May 31, 2026) 30% discount in Year 3 (June 1, 2026 to May 31, 2027); 20% discount in Year 4 (June 1, 2027 to May 31, 2028); 10% discount in Year 5 (June 1, 2028 to May 31, 2029); and 0% thereafter with a reduction in the exemption of 5% per year until completely phased out; Result: Amendment to Item 1 of the Audit, Finance and Administration Committee Report 24-009,

That Item 1(e)(iv) and (v) of the of the Audit, Finance and Administration Committee Report 24-009, respecting 2024 Development Charges Background Study, Policies and By-laws - Final Report (FCS23103(b)) (City Wide) - REVISED, be amended, as follows: 1. 2024 Development Charges Background Study, Policies and By-laws - Final Report (FCS23103(b)) (City Wide) - REVISED (Added Item 8.1(a)) (e) That Appendix "A" as amended, by adding a new Section 34 and amending all references in Sections 1(iii) and 35 from “Previous Use” to “Current Use” attached to Report FCS23103(b) respecting a single 2024 Development Charges By-law, prepared in a form satisfactory to the City Solicitor and including the following discretionary exemption policies, be passed and enacted: (iv) A reduced rate discretionary exemption be provided for manufacturing (Employment North American Industry Classification System (code 31- 33), as well as, for production and artists’ studios at a 37% discount; (v) A reduced rate discretionary exemption be provided for industrial development (other than manufacturing), and production and artists’ studios; at a 37% discount in Year 1 (June 1, 2024 to May 31, 2025) with a reduction in the exemption of 5% per year until completely phased out; The amendment was

That Council rise from Committee of the Whole. Result: Motion

That Council recess for 30 minutes until 1:30 p.m. Result: Motion

WHEREAS, Council on March 27, 2024, referred the direction to staff to reconvene meetings with the Hamilton is Home Coalition, Childcare staff and Housing Services staff, Hamilton Wentworth District School Board Chair and Hamilton Wentworth District School Board Ward 5 Trustee regarding the proposed construction of new affordable housing units for seniors, as part of the Dominic Agostino Riverdale Recreation Centre and Community Hub expansion project to the Hamilton-Wentworth District School Board Liaison Committee for consideration; WHEREAS, the City of Hamilton has tentatively scheduled the expansion of the Dominic Agostino Riverdale Recreation Centre in 2026; WHEREAS, the City of Hamilton requires additional sites to accommodate the construction of new affordable housing builds; Council Minutes 24-010 May 8, 2024 Page 22 of 40 WHEREAS, the Hamilton Wentworth District School Board previously agreed to permit the construction of a seniors affordable housing building above or adjacent to an expanded Dominic Agostino Riverdale Recreation Centre on property owned by the school board; WHEREAS, the agreement between the Board and City was premised on the public use of the property at a cost of $1; and WHEREAS, the Board of Education received notice from the Province of Ontario that a publicly funded affordable housing project for seniors could not be constructed on publicly owned school board lands; THEREFORE, BE IT RESOLVED: That Item 5 of the General Issues Committee Report 24-

WHEREAS, the Association of Municipalities Ontario (AMO) is soliciting applications from qualified candidates for the 2024-2026 AMO Board of Directors; THEREFORE, BE IT RESOLVED: (a) That Councillor Tammy Hwang be nominated for a position on the Association of Municipalities Ontario (AMO) 2024-2026 Board of Directors; and (b) That Council assumes all costs associated with Councillor Tammy Hwang attending Association of Municipalities Ontario (AMO) Board of Directors meetings. Council Minutes 24-010 May 8, 2024 Page 24 of 40 Result: Motion

WHEREAS, Council on April 10, 2024, selected Mayor Horwath and Councillor Nann as the City of Hamilton’s representatives at the Federation of Canadian Municipalities Conference and Trade Show in Calgary, Alberta from June 6-9, 2024; and WHEREAS, the Federation of Canadian Municipalities (FCM) represents the interests of municipalities on policy and program matters that fall within federal jurisdiction; THEREFORE, BE IT RESOLVED: (a) That Councillor C. Kroetsch be selected as a City of Hamilton representative at the Federation of Canadian Municipalities Conference and Trade Show in Calgary, Alberta from June 6-9, 2024; and, (b) That Council assumes all costs associated with Councillor C. Kroetsch‘s attendance at the Federation of Canadian Municipalities Annual Conference and Trade Show in Calgary, Alberta from the General Legislative Budget (300100). Result: Motion

WHEREAS, Mexico will host the 56th International Children’s Games in July 2024, with over 1500 youth athletes aged 12-15 years old from cities around the world competing in the games, including Team Hamilton; and WHEREAS, Councillor Pauls was appointed to the International Children’s Games Committee on November 16 2022; THEREFORE, BE IT RESOLVED: That Council assumes all costs associated with Councillor E. Pauls’ attendance at the 2024 International Children’s Games in the City of Leon, Mexico from July 15 to 20, 2024 from the General Legislative Budget (300100). Result: Motion

WHEREAS the Federation of Canadian Municipalities (FCM) represents the interests of municipalities on policy and program matters that fall within federal jurisdiction; WHEREAS FCM’s Board of Directors is comprised of elected municipal officials from all regions and sizes of communities to form a broad base of support and provide FCM with the prestige required to carry the municipal message to the federal government; and WHEREAS FCM’s Annual Conference and Trade Show will take place from June 6 to 9, 2024 in Calgary, Alberta, during which time the Annual General Meeting will be held and followed by the election of FCM’s 2024-2025 Board of Directors; THEREFORE BE IT RESOLVED: (a) That Council of the City of Hamilton endorse Councillor Nrinder Nann to stand for election on FCM’s 2024-2025 Board of Directors; and (b) That Council assumes all costs associated with Councillor Nrinder Nann attending FCM’s Board of Directors meetings. Result: Motion

That the consideration of the motion respecting an Amendment to Item 11 of the Public Works Committee Report 22-012, respecting Dewitt Road Reconstruction and Cycling Infrastructure (Hamilton Cycling Committee – Citizen Committee Report), which was approved by Council on August 12, 2022 (Item 7.6), be deferred to the May 22, 2024 Council meeting, in order for staff to prepare a report following a technical review and for the City Solicitor to prepare a report respecting risk liability and legal advice on this matter. Result: Motion on the Deferral,

WHEREAS, the regulatory changes relating to the Cutting Red Tape to Build More Homes Act, 2024 (Bill 185), were posted on April 10, 2024 with a comment period to end on May 10, 2024; WHEREAS, the City of Hamilton has historically provided written comments to the province on regulatory, policy and legislative changes; WHEREAS, in response to regulatory, policy and legislative changes the City of Hamilton has revised processes, policies and procedures to implement these changes enacted by the Province; WHEREAS, the proposed regulatory changes relating to Bill 185 are important matters that will significantly impact the City of Hamilton; WHEREAS, the Standing Committee on Finance and Economic Affairs will meet to consider Bill 185, An Act to amend various Acts, and intends to hold public hearings in Toronto on Tuesday, May 7, 2024, Tuesday, May 14, 2024 and Wednesday, May 15, 2024; and Council Minutes 24-010 May 8, 2024 Page 31 of 40 WHEREAS, the submission of an application to appear in front of a committee at the Legislative Assembly of Ontario to make an oral presentation on Bill 185 was required by 12:00 p.m. on Tuesday, April 30, 2024, and staff have submitted the application to make an oral presentation to the Standing Committee on Finance and Economic Affairs. THEREFORE, BE IT RESOLVED: That staff be directed to proceed with the request to the Legislative Assembly of Ontario to make an oral presentation on Bill 185, in order for the concerns of the City of Hamilton, relat

WHEREAS, the North Central Community Association was established to improve the quality of life of residents, raise the profile of the Keith neighbourhood, and increase investment and services; WHEREAS, the North Central Community Association has established a calendar of community access events for 2024. WHEREAS, to support community building and resilience, the North Central Community Association is seeking assistance to cover insurance costs to assure the safety of their community during their North Central Park barbeques and events, their meetings at the Eva Rothwell Centre, the retention of their equipment storage at St. Davis Church; Council Minutes 24-010 May 8, 2024 Page 32 of 40 WHEREAS, the meetings and events are led by diverse residents, including: seniors, new neighbours, parents, and their children, empowering all to participate in initiatives with the aim to ensure they feel supported, safe, educated and informed about their immediate neighbourhood and local initiatives; and WHEREAS, the allocation of Ward 3 Non-Property Tax Revenue Account previously known as the “Bell Tower Funds” have been allocated to enable resident leadership, participation, and resilience in initiatives that foster a sense of belonging in our communities. THEREFORE, BE IT RESOLVED: (a) That $1,700 be allocated from the Ward 3 Non-Property Tax Revenue Account 3301609603 to the North Central Community Association; and (b) That the Mayor and City Clerk be authorized and directed to execute

WHEREAS, Victoria Park Fieldhouse (500 King Street West, Hamilton), can be enhanced with additional furniture, including foldable tables, chairs and dollies; WHEREAS, there is a Council approved project to renovate the existing fieldhouse at Victoria Park funded through the Ward 1 area rated reserve; WHEREAS these amenities are valuable to the community within the Strathcona neighborhood; and Council Minutes 24-010 May 8, 2024 Page 33 of 40 WHEREAS the facility provides programming for recreation, multi-purpose, seniors groups and outdoor events. THEREFORE, BE IT RESOLVED: (a) That furnishings at Victoria Park Fieldhouse be funded from the Ward 1 Capital Discretionary Account#3302309100 at an upset limit, including contingency, not to exceed $6,050, be approved; and (b) That the General Manager of Public Works, or their designate, be authorized and directed to execute any required agreement(s) and ancillary documents, with such terms and conditions in a form satisfactory to the City Solicitor. Result: Motion

WHEREAS, in November 2022 the Catholic Family Services of Hamilton organization submitted a grant application through the City Enrichment Fund in support of the 2023 Individual and Family Counselling program; WHEREAS, in February 2023 the Catholic Family Services of Hamilton informed City of Hamilton staff that the organization was closing and ceasing operations. As a result, the submitted City Enrichment Fund application was no longer viable for funding and noted as N/A, Not Applicable; WHEREAS, on May 15, 2023 the City of Hamilton received a letter from Catholic Family Services and Banyan Community Services outlining the transfer of the Individual and Family Counselling program with a request to transfer any funds that may have been recommended to this program through the City Enrichment Fund; Council Minutes 24-010 May 8, 2024 Page 34 of 40 WHEREAS, knowledge of the program transfer and continuation of services occurred after the City Enrichment Fund adjudication and recommendation period. The application had been noted as Not Applicable with no 2023 funding recommended; WHEREAS, in June 2023 Banyan Community Services submitted an appeal under application CS-G3 Catholic Family Services of Hamilton, Individual and Family Counselling $43,046 (Report GRA23003(a)). WHEREAS, on June 21, 2023 Council ratified the Grants Sub-Committee Report 23- 003, wherein all appeal requests from applicants in all categories, were approved; and, WHEREAS, Banyan Community Services does not have

That the listing of Council Communication Updates from April 19, 2024 to May 2, 2024, be received. Result: Motion on the Council Communication Updates from April 19, 2024 to May 2, 2024

That the Closed Session Minutes dated April 24, 2024 be approved, as presented, and remain confidential. Result: Motion

That Council move into Closed Session to discuss Items 11.3 and 11.4 respecting Lease Agreement – Pier 7, 121 Haida Drive (formerly 47 Discovery Drive) (PED24078) (Ward 2) and Lease Agreement – Pier 7, 121 Haida Drive (formerly 47 Discovery Drive) (PED24078(a)) (Ward 2) pursuant to Section 9.3, Sub-section (c) of the City's Procedural By-law 21-021, as amended; and, Section 239(2), Sub-section (c) of the Ontario Municipal Act, 2001, as amended, as the subject matters pertain to the security of the property of the City or a local board and a proposed or pending acquisition or disposition of land for City or a local board purpose. Result: Motion

(a) That the directions to staff in Closed Session respecting Report PED24078, respecting Lease Agreement – Pier 7, 121 Haida Drive (formerly 47 Discovery Drive), be approved; and (b) That Report PED24078, respecting Lease Agreement – Pier 7, 121 Haida Drive (formerly 47 Discovery Drive), remain confidential. Result: Motion

That Report PED24078(a), respecting Lease Agreement – Pier 7, 121 Haida Drive (formerly 47 Discovery Drive), remain confidential. Result: Motion

WHEREAS, in order to acknowledge and honour the late Mark Arsenault a former resident of Rowena Court who was instrumental in putting forward the amendments being considered for Rowena Court within Bill 069. THEREFORE, BE IT RESOLVED: That Bill 069 be amended to include the following: 3. This By-law, To Amend By-law No. 01-218, as amended, Being a By-law To Regulate On-Street Parking may be referred to as the Mark Arsenault’s By- law. Result: Amendment to Bill 069,

That, there being no further business, City Council be adjourned at 5:30 p.m. Result: Motion