The Hamilton Record

Council

March 27, 2024

Who was there

Present (11): Craig Cassar, Brad Clark, John Paul Danko, Matt Francis, Tammy Hwang, Tom Jackson, Ted McMeekin, Nrinder Nann, Esther Pauls, Mike Spadafora, Mark Tadeson

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 (29 motions)

27 carried, 2 recorded otherwise. Every motion below is printed as the minutes print it.

That the agenda for the March 27, 2024 meeting of Council be approved, as amended. Result: Motion
Moved by Kroetsch, seconded by A. Wilson
Carried
That the Minutes of the February 28, 2024, March 4, 2024 and March 20, 2024 meetings of Council be approved, as presented. Result: Motion on the February 28, 2024, March 4, 2024 and March 20, 2024 Council Minutes
Moved by Pauls, seconded by Hwang
Carried
That Council Communications 5.1 to 5.37 be approved, as presented as follows: 5.1 Correspondence from the County of Renfrew requesting support for their resolution respecting Rural and Small Urban Municipalities - Affordability of Water and Wastewater Systems. Recommendation: Be received. 5.2 Correspondence from Janine O'Brien, Fund and Volunteer Coordinator, Autism Ontario South Region respecting World Autism Day on April 2, 2024. Recommendation: Be received. Council Minutes 24-007 March 27, 2024 Page 4 of 42 5.3 Correspondence from Hassaan Basit, President & CEO/Secretary-Treasurer, Conservation Halton respecting Conservation Halton 2024 Budget Municipal Funding Apportionment. Recommendation: Be received. 5.4 Correspondence respecting 2024 Development Charges Background Study and By- law Feedback (FCS23103(a)) (City Wide): (a) Andre Robichaud, VP of Development, Core Development (b) Paul DeMelo of Kagan, Shastri, DeMelo, Winer, Park (c) Cynthia Meyer (d) Deborah Boyd (e) Dr. J. David and Carol Moffatt (f) Lyn Folkes and Family (g) Brian Allore (h) David Ionico, Partner, McHugh Whitmore LLP (i) Brad J. Lamb, President & CEO, Lamb Development Corp. (j) Michelle Diplock, West Home Builders' Association (k) Sue Ramsay, Hamilton-Halton Construction Association Recommendation: Be received and referred to Item 3 of Audit, Finance and Administration Committee Report 24-004. 5.5 Correspondence from Julie Vohra respecting the proposal to build housing on parking lot rejected. Recomme
Moved by Kroetsch, seconded by M. Wilson
Carried
That Council move into Committee of the Whole for consideration of the Committee Reports. Result: Motion
Moved by Kroetsch, seconded by M. Wilson
Carried
That sub-section (d) to Item 2 respecting Main Street Two-Way Conversion Implementation and One-Way Street Conversion Considerations (PW23074(a)/PED23248(a)) (City Wide), be amended, as follows: 2. Main Street Two-Way Conversion Implementation and One-Way Street Conversion Considerations (PW23074(a)/PED23248(a)) (City Wide) (Item 8.2) (d) That the detailed design work include review and incorporate additional features that prioritize non-vehicular prioritization use of the southernmost eastbound lane between Dundurn Street and Summer’s Lane, including as a dedicated bus lane, on street parking, pedestrian zone improvements, and other complete streets upgrades and consideration of a consistent roadway cross section for the extents of the project area from Dundurn to the Delta with preference to the most balanced lane configuration possible enhancements that are achievable within the existing curb to curb width and respecting the established project budget envelope and accelerated project delivery schedule. Council Minutes 24-007 March 27, 2024 Page 11 of 42 Result: Amendment to Item 2 of the Public Works Committee Report 24-003,
Moved by M. Wilson, seconded by Kroetsch
Carried
WHEREAS, at the February 20, 2024, Public Works Committee meeting, the recommendations of staff Report PW16100(a)/PED24032 were approved with the exception of recommendation (c) (below), where staff received in camera direction, and the recommendation was deferred to the March 18, 2024, Public Works Committee meeting; (c) That approvals continue to be deferred for lot severances in all rural cross section drainage neighbourhoods in Ancaster until the Phase 3 study is complete, and implementation measures are in place to mitigate the impacts of lot redevelopment. WHEREAS, staff have considered the Committee’s input which has been utilized to develop new recommendations with respect to residential lot severance applications in Hamilton; WHEREAS, the new recommendations identify proposed Enhanced Interim Conditions (below) which are intended to support severance applications in areas that do not have dedicated storm sewers within the Urban Boundary and Rural Settlement Areas that mitigate some of the risks associated with increased stormwater run-off impacts that can increase the potential for erosion, flooding risk and impaired environmental water quality: Enhanced Interim Conditions – City Wide In general, the neighbourhoods with the greatest opportunity for lot severances are the most mature neighbourhoods across the city. These neighbourhoods were established with larger lots and no dedicated storm sewers. As such, the implementation of enhanced interim conditions for lot se
Moved by Cassar, seconded by Spadafora
Carried
WHEREAS at the February 21, 2024 General Issues Committee, recommendations (d) and (e) of the report entitled Housing Sustainability and Investment Roadmap Work Program: City Property Review and Property Disposition Strategies (PED23099(a) / HSC23028(a)) with respect to the disposition of City-owned and pre-zoned land at 5 and 13 Lake Avenue South to enable future development of affordable housing were defeated in a tie vote of 8-8; WHEREAS honouring Veterans has been raised as a priority by some members of the local community and a housing development on the site provides additional opportunities to enhance how Veterans are honoured; WHEREAS both the Stoney Creek Business Improvement Area (BIA) and some members of the broader community have expressed concerns about the removal of 57 parking spots from the municipal parking lots at 5 and 13 Lake Avenue South; WHEREAS some members of the local community have expressed the need to ensure convenient parking for individuals with mobility challenges when accessing local physiotherapy and medical services; WHEREAS there are opportunities to increase on-street and off-street public parking in areas adjacent to the subject sites; and WHEREAS there are potential opportunities to lease private parking lots to add additional public parking capacity within the BIA. THEREFORE, BE IT RESOLVED: That Item (g)(i)(1) respecting Sub-Sections (d) and (e) of Housing Sustainability and Investment Roadmap Work Program: City Property Review and Prop
Moved by Cassar, seconded by Kroetsch
Defeated
That Item 3 and the proposed amendment to Item 3 of the Audit, Finance and Administration Committee Report 24-004 as follows, be
Moved by Danko, seconded by M. Wilson
Referred
That City of Hamilton Integrity Commissioner’s Report Regarding Council Complaint re: Hamilton Police Services Board Selection Committee Confidentiality Breach (Re) – DGB- ICI-2023-01 dated February 22, 2024, be received. Result: Motion,
Moved by Clark, seconded by Spadafora
Carried
That Planning Committee Report 24-003, being the meeting held on Friday, February 23, 2024, be received and the recommendations contained therein be approved. Result: Motion on the Planning Committee Report 24-003,
Moved by Cassar, seconded by M. Wilson
Carried
That City of Hamilton Integrity Commissioner’s Report Regarding Council Complaint re: Selection Committee Confidentiality Breach (Re) – DGB-ICI-2023-02 dated March 1, 2024, be received. Result: Motion,
Moved by Clark, seconded by Spadafora
Carried
That Section 5.8(2) of the City’s Procedural By-law 21-021, as Amended, which provides that a minimum of 2 days shall pass before the Report of a Standing Committee, the Selection Committee, or other Committee that reports directly to Council is presented to Council to provide adequate opportunity for review, be waived in order to consider the General Issues Committee (Special) Report 24-005. Result: Motion
Moved by Kroetsch, seconded by M. Wilson
Carried
That General Issues Committee (Special) Report 24-005, being the meeting held on Wednesday, March 27, 2024, be received and the recommendations contained therein, be approved. Result: Motion on the General Issues Committee (Special) Report 24-005,
Moved by Kroetsch, seconded by M. Wilson
Carried
That Council rise from Committee of the Whole. Result: Motion
Moved by Kroetsch, seconded by M. Wilson
Carried
WHEREAS, the initial road projects selected by Ward 1 Councillor for the Investing in City Roads and Sidewalks Infrastructure with Canada Community - Building Funds (CCBF), which were approved by Council on December 15, 2021; WHEREAS, there are remaining CCBF funds for Ward 1 road projects from the Morden Street Project in the amount of $11K and the Strathcona Bike Boulevard Pilot Project in the amount of $95K (totalling $106K), it is now necessary to amend the road projects for Ward 1 to include addressing sidewalk deficiencies through minor maintenance activities at various locations throughout Ward 1; and WHEREAS, repairing these sidewalk deficiencies will preserve the asset and increase pedestrian safety throughout the Ward 1. THEREFORE, BE IT RESOLVED: That Item 4 of the Audit, Finance and Administration Committee Report 21-022, respecting Investing in City Roads and Sidewalks Infrastructure with Canada Community – Building Funds, be amended, as follows: 4. Investing in City Roads and Sidewalks Infrastructure with Canada Community - Building Funds (PW21073) (City Wide) (Item 10.1) (a) That the Canada Community Building Fund investment of $30 M be allocated to the list of projects in Appendix “B”, as amended, by adding sidewalk deficiencies at various locations throughout Ward 1 in the amount of $106K and reducing the Morden Street Project in the amount of $11K and the Strathcona Bike Boulevard Pilot Project in the amount of $95K, to Audit, Finance & Administration Commit
Moved by M. Wilson, seconded by Spadafora
Carried
WHEREAS, at its meeting of September 13, 2023, City Council approved Item 1 of Emergency and Community Services Committee Report 23-011, thereby authorizing the Winter Response Strategy from December 1, 2023 to March 31, 2024 at an approximate cost of $1,499,588 to be funded by the Tax Stabilization Reserve #110046; WHEREAS, on December 22, 2023, the Government of Canada, in recognition that the winter weather presents additional risks to people experiencing homelessness in unsheltered areas and outdoors, notified Housing Services Division staff that Infrastructure Canada would be providing one-time top-up funding in the amount of $1,496,028, to support increased demand for services and supports during winter 2023- 2024, to be provided as an amendment to the funding agreement between Canada and the City for Reaching Home: Canada’s Homelessness Strategy; and WHEREAS, all winter response strategy programs were evaluated and deemed eligible services and activities under the program guidelines of Reaching Home; Council Minutes 24-007 March 27, 2024 Page 28 of 42 THEREFORE, BE IT RESOLVED: That Item 1(a) of the Emergency and Community Services Report 23-011, respecting the Annual Winter Response Strategy (HSC23012(a)) (City Wide), be amended, to read as follows: 1. Annual Winter Response Strategy (HSC23012(a)) (City Wide) (Item 8.1) (a) That Council approve, and staff be authorized to implement an immediate Winter Response Strategy, from December 1, 2023 to March 31, 2024 to suppo
Moved by A. Wilson, seconded by Clark
Carried
WHEREAS, Hamilton is the home to many bird populations, including along migratory paths, who rely on its natural features including the Hamilton Harbour, lakes, ponds, marshes, creeks, and other natural waterways, forested greenspace, Greenbelt lands, and many other natural habitats for their survival; Council Minutes 24-007 March 27, 2024 Page 29 of 42 WHEREAS, the Bird Friendly City program by Nature Canada provides recognition to municipalities that have worked to save bird lives and provides a framework for continual improvement, with the opportunity to earn higher levels of certification; WHEREAS, the City of Hamilton has currently achieved an “Entry” status as a bird friendly city after taking initial steps, in 2022 and 2023, including naming the peregrine falcon the City’s official bird; WHEREAS, in order to eventually achieve an “Intermediate” or “High” ranking as a bird friendly city, like Burlington, Guelph, London, Toronto, and Windsor have achieved, City Council must pass a resolution; WHEREAS Hamilton is located within the Atlantic Flyway migration corridor and is one of the most biodiverse regions in Canada; WHEREAS Hamilton borders three IBAs (Important Bird Areas) and, as a result, we have a duty to be responsible stewards of the land, air, water, flora, and fauna; WHEREAS around 280 bird species use the area each year, including several Species at Risk; and WHEREAS, on April 19, 2022, the City of Burlington put forward a similar motion that was passed by its
Moved by Kroetsch, seconded by Cassar
Carried
WHEREAS the Ward 2 Community Grants program closed for Q1 on February 5, 2024 with a total of 18 applications; WHEREAS City staff in Financial Planning, Administration and Policy and Community Engagement - Grants reviewed the recommendations from the Ward 2 Community Grants program and found that the following were all eligible; and WHEREAS the following $45,700 in 11 individual grants fulfils Q1 - 2024 of the Ward 2 Community Grants program. THEREFORE, BE IT RESOLVED: (a) That up to $4,975 be allocated from the Ward 2 Special Capital Reinvestment Discretionary Fund (3302309200) to Aeris Korper Contemporary Dance for marketing and production costs associated with Here&Now Dance Festival, an event to support the work and artistry of choreographers from equity-seeking groups; (b) That up to $5,000 be allocated from the Ward 2 Special Capital Reinvestment Discretionary Fund (3302309200) to Hammer City Roller Derby (HCRD) for retaining a facilitator to guide HCRD Board of Directors in reimagining their mission, vision, and values to reflect a commitment to diversity, equity, and inclusion (DEI); for purchasing gear to expand their gear lending library and reduce barriers to participation; and to help cover the cost for their members to attend a course on diversity, equity, and inclusion; (c) That up to $2,700 be allocated from the Ward 2 Special Capital Reinvestment Discretionary Fund (3302309200) to the Central Neighbourhood Association for costs associated with their 2024 Annua
Moved by Kroetsch, seconded by Cassar
Carried
WHEREAS, Waterdown is located on land covered by the Silver Covenant Chain of Friendship extended here through the Great Council at Niagara in 1764 (The Treaty of Niagara); WHEREAS, 2024 marks the 10th anniversary of the dedication of Waterdown’s 55- acre Souharissen Natural Area by Gimma Bryan Laforme of the Mississaugas of the Credit Nation and the Hon. David C. Onley, 28th Lieutenant Governor of Ontario; WHEREAS, speaking at the dedication ceremony, Giima Bryan Laforme remarked ““The Treaty of Niagara Covenant Wampum Belt provided the inspiration for this Moment. May today mark the renewal of those pledges of peace and friendship made over 200 years ago . . . May this mark the beginning of a new partnership between the people of this region and our First Nation”; WHEREAS, as part of the celebration of the partnership represented by Souharissen Natural Area, the Ward 15 Flamborough Community Council would like to allocate funds towards a student-led project to develop a 7.05-acre section with their Treaty Partners near the Trend Condo Towers; WHEREAS, this project was approved by the Ogimma Kwe and Council of the Mississaugas of the Credit First Nation; THEREFORE, BE IT RESOLVED: (a) That up to $10,000 be allocated from the Ward 15 Non-Property Tax Revenue Account (3301609615) to support the Souharissen Natural Area Project; and (b) That the Mayor and City Clerk be authorized and directed to execute any required agreement(s) and ancillary documents, with such terms and cond
Moved by McMeekin, seconded by Hwang
Carried
WHEREAS, at its meeting of February 23, 2022, City Council approved Item 2 of Public Works Committee Report 22-003, respecting Provincial Funding to Improve Wastewater and Stormwater in Ontario (PW22010); WHEREAS, it is necessary for the City to secure an extension of funding from the Ministry of Environment, Conservation and Parks under the Improving Wastewater and Stormwater Discharges in Lake Ontario funding program and the Improving Monitoring and Public Reporting of Sewage Overflows and Bypasses funding program; and WHEREAS, it is necessary to amend Item #2 of both Appendices “A” and “B” to the Public Works Committee Report 22-003 (PW22010), to read as follows: 2. That Mayor and City Clerk are hereby authorized to execute and/or amend any other agreements or documentation required to receive funding from the Improving, Monitoring and Public Reporting of Sewage Overflows and Bypasses funding program in a form satisfactory to the City Solicitor and with content acceptable to the General Manager of Finance and Corporate Services. Council Minutes 24-007 March 27, 2024 Page 34 of 42 THEREFORE, BE IT RESOLVED: (i) That Item 2(a) and (b) of the Public Works Committee Report 22-003, respecting Provincial Funding to Improve Wastewater and Stormwater in Ontario (PW22010) (City Wide), be amended, to read as follows: (a) That the By-law to Authorize the Signing of a Municipal funding agreement for the transfer of the Improving Wastewater and Stormwater Discharges in Lake Ontario Fun
Moved by Spadafora, seconded by A. Wilson
Carried
WHEREAS the International Children’s Games (ICG), since their inception in 1968, stand as a symbol of unity, friendship, and youthful sportsmanship. Council Minutes 24-007 March 27, 2024 Page 35 of 42 WHEREAS the ICG have blossomed into a global phenomenon, bridging cultures and promoting understanding among children aged 12 to 15 years old from more than 600 cities and over 100 countries. WHEREAS the ICG foster a spirit of competition and camaraderie that resonates with young athletes and spectators alike, continuing a legacy of connection and celebration. WHEREAS it is well documented that youth engaging in sport benefit from improved outcomes for mental health, physical well-being, communication, teamwork, problem- solving skills, and social integration WHEREAS there are considerable financial barriers to youth participating in the ICG given the need for travel, accommodations, ceremonial and competition uniforms WHEREAS participation in the ICG should be accessible and inclusive to all children regardless of their socio-economic status WHEREAS participating in the ICG provides Hamilton youth the opportunity to represent the city of Hamilton and encourage international goodwill and friendships with children from other countries THEREFORE, BE IT RESOLVED: (a) That $10,000 be allocated from the Ward 7 Discretionary Fund (3302309700) to subsidize costs associated with ceremonial and competition uniforms ($5,200), community sport preparatory clinics ($2,000), small gift exchan
Moved by Pauls, seconded by Danko
Carried
WHEREAS, at its meeting of February 14, 2024, City Council approved Item 3 of General Issues Committee Report 24-003, respecting the Light Rail Transit Sub- Committee Report 24-001 - January 29, 2024, the referral of Light Rail Transit Operations Models (PED23166(b)) (City Wide) to the General Issues Committee meeting of March 20, 2024; and WHEREAS, Standing Committee meetings have been cancelled until April 2024, it is necessary to amend the date to the April 17, 2024 meeting of the General Issues Committee. THEREFORE, BE IT RESOLVED: (i) That Item 3 of the General Issues Committee Report 24-003, respecting Light Rail Transit Sub-Committee Report 24-001 - January 29, 2024, be amended, to read as follows: 3. Light Rail Transit Sub-Committee Report 24-001 - January 29, 2024 (Item 10.3) (a) Light Rail Transit Operations Models (PED23166(b)) (City Wide) (Item 8.1) That Report (PED23166(b)), respecting Light Rail Transit Operations Models (City Wide), be referred to the April 17, 2024 meeting of the General Issues Committee. Result: Motion
Moved by Nann, seconded by Kroetsch
Carried
That the listings of Council Communication Updates from February 9, 2024 to February 22, 2024 (Item 10.1) and February 23, 2024 to March 21, 2024 (Item 10.2), be received. Result: Motion on the Council Communication Updates from February 9, 2024 to February 22, 2024 (Item 10.1) and February 23, 2024 to March 21, 2024 (Item 10.2)
Moved by Kroetsch, seconded by M. Wilson
Carried
That the Closed Session Minutes dated February 28, 2024, March 4, 2024 and March 20, 2024 be approved, as presented, and remain confidential. Result: Motion
Moved by Kroetsch, seconded by Hwang
Carried
That Bryson Tan and Shannon Parker of Deloitte LLP be permitted to attend the Closed Session portion of the Council Meeting. Result: Motion
Moved by Hwang, seconded by Danko
Carried
That Council move into Closed Session to discuss Items 11.4 respecting a Verbal Update on a Cyber Security Incident pursuant to Section 9.3, Sub-section pursuant to Section 9.3, Sub-sections (a) and (f) of the City's Procedural By-law 21-021, as amended; and, Section 239(2), Sub-sections (a) and (f) of the Ontario Municipal Act, 2001, as amended, as the subject matter pertains to the security of the property of the City or a local board; and advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Result: Motion
Moved by A. Wilson, seconded by Tadeson
Carried
That the Verbal Update on a Cyber Security Incident, be received and remain confidential. Result: Motion
Moved by Cassar, seconded by A. Wilson
Carried
That Bills No. 24-034 to No. 24-044 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: 034 To Permanently Close and Sell a Portion of the Road Allowance Abutting 1241 Governors Road, Flamborough, namely Part of the Unopened Road Allowance between the Township of West Flamborough and the Township of Ancaster, designated as Part 1 on Plan 62R-22232, being part of PIN 17490-0110 (LT) Ward: 13 035 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 Zones) Schedule 12 (Permit Parking Zones) Schedule 13 (No Stopping Zones) Schedule 14 (Wheelchair Loading Zones) Schedule 20 (School Bus Loading Zones) Ward: 1, 2, 3, 4, 5, 6, 8, 14 036 A By-law to Establish Certain User Fees and Charges for Services, Activities or the Use of Property and to Repeal By-law No. 23-112 Ward: City Wide 037 To Amend Zoning By-law No. 05-200 Respecting Lands Located at 237 Springbrook Avenue, Ancaster ZAC-24-003 Ward: 12 038 To Adopt Official Plan Amendment No. 39 to the Rural Hamilton Official Plan Respecting Hamilton Rural Area Ward: 9, 10, 11, 12, 13, 15 039 To Amend Zoning By-law No. 05-200 with Respect to farm Labour Residences and Additional Dwelling Units – Detached in Rural Zones Ward: 9, 10, 11, 12, 13, 15 Council Minutes 24-007 March 27, 2024 Page 41 of 42 040 To Amend Zoning By-law No. 87-57 Respecting Lands
Moved by Kroetsch, seconded by M. Wilson
Carried
That, there being no further business, City Council be adjourned at 4:47 p.m. Result: Motion
Moved by Kroetsch, seconded by M. Wilson
Carried

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