Council

That the agenda for the November 13, 2024 meeting of Council be approved, as amended. Result: Motion

That the Minutes of the October 23, 2024 meeting of Council be approved, as presented. Result: Motion

That Council Communications 5.1 to 5.13 be approved, as amended, as follows: 5.1 Correspondence from the Municipality of Brockton requesting support for their resolution declining it's participation in the streaming proposal of NBC Sports Engine to stream games of the Walkerton Capitals Junior C Hockey Club. Recommendation: Be received. 5.2 Correspondence from the Ministry of the Environment, Conservation and Parks in response to the Mayor's letter regarding compliance status of GFL Environmental Inc. (GFL) Stoney Creek Regional Facility with Provincial Officer's Order that was issued April 2024 that requires GFL to reduce the height of the stockpiled waste. Recommendation: Be received. 5.3 Correspondence from the Niagara Peninsula Conservation Authority respecting the Ontario Deposit Return Program. Recommendation: Be received. 5.4 Correspondence from the Niagara Peninsula Conservation Authority respecting the Draft Watershed based Resource Management Strategy. Recommendation: Be received and referred to the General Manager of Planning and Economic Development for appropriate action. 5.5 Correspondence from the Niagara Peninsula Conservation Authority respecting the Draft Conservation Area Strategy. Recommendation: Be received and referred to the General Manager of Planning and Economic Development for appropriate action. Council Minutes 24-020 November 13, 2024 Page 4 of 33 5.6 Correspondence from the Honourable Stephen Lecce, Minister of Energy and Electrification respecti

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

That Sole Voting Member of the Hamilton Farmers’ Market Report 24-001, being the meeting held on Monday, October 28, 2024, be received and the recommendations contained therein, be approved. Result: Motion on the Sole Voting Member of the Hamilton Farmers’ Market Report 24-001,

That Selection Committee for Agencies, Boards and Sub-Committees Report 24-005, being the meeting held on Tuesday, October 29, 2024, be received and the recommendations contained therein, be approved. Result: Motion on the Selection Committee for Agencies, Boards and Sub- Committees Report 24-005,

That Public Health Committee Report 24-009, being the meeting held on Monday, November 4, 2024, be received and the recommendations contained therein, be approved. Item 1 was voted on separately, as follows: 1. Regional Municipality of Waterloo requesting support for their resolution respecting the Closure of Safe Consumption Sites (Referred from Council on October 9, 2024) (Item 5.1) That the correspondence from the Regional Municipality of Waterloo requesting support for their resolution respecting the Closure of Safe Consumption Sites, be endorsed. Result: Motion on Item 1 of the Public Health Committee Report 24-009,

That Public Works Committee Report 24-015, being the meeting held on Monday, November 4, 2024, be received and the recommendations contained therein, be approved. Result: Motion on the Public Works Committee Report 24-015,

That Planning Committee Report 24-016, being the meeting held on Tuesday, November 5, 2024, be received and the recommendations contained therein be approved. Result: Motion on the Planning Committee Report 24-016,

That Item (l)(i)(2) respecting Amendment to Item 2 of the General Issues Committee Report 23-023, respecting Public Feedback and Recommendations for an Encampment Protocol and Sanctioned Sites (HSC20036(g)) (City Wide) - REVISED, which was approved by Council on August 18, 2023 – REVISED (Item 11.1), be lifted from the Information Section and added as Item 13 of the General Issues Committee Report 24-018, as follows: 13. Amendment to Item 2 of the General Issues Committee Report 23-023, respecting Public Feedback and Recommendations for an Encampment Protocol and Sanctioned Sites (HSC20036(g)) (City Wide) - REVISED, which was approved by Council on August 18, 2023 – REVISED (Item 11.1) WHEREAS, on August 18, 2023, Council approved Item 2 of the General Issues Committee Report 23-023 – Public Feedback and Recommendations for and Encampment Protocol and Sanctioned Sites (HSC2003(g)); and, Council Minutes 24-020 November 13, 2024 Page 10 of 33 WHEREAS, on September 18, 2024 the General Issues Committee amended Report HSC24027(b) / FSC24028 / PED24162, Reducing Homelessness and Managing Encampments by adding an addition sub-section (f), as follows: (f) That City staff be directed to report back in Q1 2025 on potential changes to the current Encampment Protocol related to the implementation of the City's investment in temporary and permanent shelter spaces, which will enable the City to enforce its Parks and Streets By-law and sunset the current Encampment Protocol to ensure that

That Audit, Finance and Administration Committee Report 24-020, being the meeting held on Thursday, November 7, 2024, be received and the recommendations contained therein, be approved. The following friendly amendment, was accepted by Council: That Item 3, respecting the Consultation on Province-wide Enabling of the Use of Pay on Demand Surety Bonds to Secure Land-Use Planning Obligations under Section 70.3.1 of the Planning Act (FCS24058) (City Wide) (Item 10.2), be amended to read as follows: 3. Consultation on Province-wide Enabling of the Use of Pay on Demand Surety Bonds to Secure Land-Use Planning Obligations under Section 70.3.1 of the Planning Act (FCS24058) (City Wide) (Item 10.2) (a) That the submissions and recommendations as provided in Appendix “A” to Audit, Finance and Administration Report 24-020 regarding ERO 019-9198: Enabling the Use of Pay-on-Demand Surety Bonds to Secure Land-Use Planning Obligations under Section 70.3.1 of the Planning Act, be endorsed; (b) That the General Manager, Finance and Corporate Services, be authorized and directed to advise the Ministry that Council endorses the submissions made to the Province regarding ERO 019 9198: Enabling the Use of Pay-on- Demand Surety Bonds to Secure Land-Use Planning Obligations under Section 70.3.1 of the Planning Act, attached as Appendix “A” to Audit, Finance and Administration Committee Report 24-020; and (c) That the General Manager, Finance and Corporate Services and the City Solicitor be authori

That Item 6, respecting Assessment of Municipal Golf Courses (Item 11.3) of the Emergency and Community Services Committee Report 24-008, be amended, as follows: 6. Assessment of Municipal Golf Courses (Item 11.3) (b) That this review of municipal golf course lands be conducted within the stated goals of the City’s watershed action plan, biodiversity action plan, recreation master plan, parks master plan, and climate action plan so that future use of these parklands benefit the resiliency, health and well-being of all Hamiltonians, and include a community consultation; and Result: Amendment to Item 6 of the Emergency and Community Services Committee Report 24-008,

That Committee of the Whole rise as Council to report and confirm the actions taken in Committee of the Whole. Result: Motion

WHEREAS, the safety of all road users, including cyclists, is a paramount concern and a fundamental responsibility of both provincial and municipal governments; WHEREAS, crashes involving motor vehicles pose significant risks to cyclists, pedestrians, and other vulnerable road users, leading to serious injuries and fatalities; WHEREAS, the implementation of safe road infrastructures, such as bike lanes, is a proven measure to enhance the safety and accessibility of roadways for cyclists, promoting healthier and sustainable transportation options; WHEREAS, the Office of the Chief Coroner of Ontario (“OCC”) conducted the Cycling Death review, which was the most comprehensive death review into the causes of cycling deaths in Ontario; WHEREAS, the OCC made its primary recommendation to the province the adoption of “Complete Streets” which emphasize the need for comprehensive planning and design of roadway infrastructure to safely accommodate all users, including through the installation of more cycling networks including bike lanes; WHEREAS, municipal governments have the local knowledge and contextual understanding necessary to effectively address specific community transportation needs, including the development and maintenance of safe cycling infrastructure within their cities; WHEREAS, any provincial initiative that seeks to prevent or preclude municipalities from implementing necessary road safety measures, such as bike lanes, undermines local governance and the ability of m

WHEREAS Councillor Nann was appointed to the Hamilton Library Board of Directors on November 16, 2022; WHEREAS Councillor Nann at this time wishes to resign from the Hamilton Library Board of Directors due to a scheduling conflict; and WHEREAS Councillor Kroetsch wishes to replace Councillor Nann on the Hamilton Library Board of Directors. THEREFORE, BE IT RESOLVED: (a) That Councillor Nann’s resignation, be received; and (b) That Councillor Kroetsch be appointed to the Hamilton Library Board of Directors for the remainder of the 2022-2026 Term of Council. Council Minutes 24-020 November 13, 2024 Page 17 of 33 Result: Motion

That Councillors C. Kroetsch, T. Hwang, N. Nann, A. Wilson, C. Cassar and M. Tadeson be appointed to the Public Health Sub-Committee, for the remainder of the 2022-2026 Term of Council, effective immediately. Result: Motion

WHEREAS, the Lake Erie Region Source Protection Committee and the Source Protection Authority have initiated an amendment to the Grand River Assessment Report and Source Protection Plan under S.34 of the Clean Water Act, 2006; WHEREAS, the above-mentioned documents incorporate the new replacement well previously installed for the Lynden Municipal Drinking Water system; and WHEREAS, the Lake Erie Source Protection Plan amendment comprises text edits to align with the 2021 Technical Rules and other Lake Erie Region Source Protection Plans. THEREFORE, BE IT RESOLVED: That Council endorses the Lake Erie Source Protection Plan amendments prior to formal public consultation. Result: Motion

WHEREAS, the details with respect to the Chair and Vice Chair of the Public Health Sub-Committee should have been included in the Public Health Sub-Committee’s Terms of Reference. Council Minutes 24-020 November 13, 2024 Page 19 of 33 THEREFORE, BE IT RESOLVED: That the Public Health Sub-Committee’s Terms of Reference be amended to include the following: The Chair of the Public Health Sub-Committee shall be a member of City Council. The Vice Chair of the Public Health Sub-Committee shall be a member of City Council; a community representative or the education representative. Result: Motion

WHEREAS, the name of the recipient for the xylazine test strips and costs associated with tabling at events, conducting community engagement, and updating the website needs to be corrected to “Student Overdose Prevention and Education Network” in order to process the approved funding. THEREFORE, BE IT RESOLVED: That Item 7.3 (k) of the May 22, 2024 Council minutes, be amended, by replacing “Student Overdose Protection and Education Network (SOPEN)” with “Student Overdose Prevention and Education Network (SOPEN)”, to read as follows: (k) That xylazine test strips and costs associated with tabling at events, conducting community engagement, and updating the website be funded to Student Overdose Prevention and Education Network (SOPEN) from the Ward 2 Capital Discretionary Account #3302309200 at an upset limit, including contingency, not to exceed $3,000; Council Minutes 24-020 November 13, 2024 Page 20 of 33 Result: Motion

WHEREAS, the Development Charges By-law 19-142 has been updated to include Development Charge Exemptions for eligible non-profit organizations developing affordable housing; WHEREAS, amendments are required due to the updates that have been made to the Development Charges By-law 19-142, since the original report was considered by Council on August 12, 2022; and WHEREAS, the Provincial update, no longer requires the City of Hamilton to obtain an equity contribution in the form of a forgivable loan agreement to cover the Development Charges. THEREFORE, BE IT RESOLVED: That Item 8 of the Emergency and Community Services Report 22-012 respecting Approaches to Addressing the Challenges of Financing for Non-profit Housing Developments in Hamilton (HSC22050/FCS22073) (City Wide), be amended as follows: 8. Approaches to Addressing the Challenges of Financing for Non-profit Housing Developments in Hamilton (HSC22050/FCS22073) (City Wide) (Item 10.4) (a) That respecting the request for waiver of Development Charges for 60 Caledon: Council Minutes 24-020 November 13, 2024 Page 21 of 33 (i) That, in order to provide an equity contribution toward the development of the affordable housing project at 60 Caledon Avenue, the City enter into a forgivable loan agreement with Caledon Community Collaborative LP (CCC) in an amount equal to the municipal development charges for residential dwelling units, to be assessed at the time of building permit issuance, on such terms and conditions set out i

(i) That the motion respecting the Notwithstanding Clause, be referred to a General Issues Committee meeting in Q1 of 2025, when the General Issues Committee will be considering the motion sunsetting the Encampment Protocol and the motion to exempt all parks; and (ii) That the Mayor be asked to consider calling a Special General Issues Committee meeting to consider the above matters. Council Minutes 24-020 November 13, 2024 Page 24 of 33 Result: Motion

WHEREAS, a General Issues Committee (Budget) meeting is scheduled for 3:00 p.m. on November 18, 2024, which could potentially conflict with the regularly scheduled Public Works Committee meeting; and WHEREAS, the Procedural By-law, Section 5.6 (1)(a)(iii) states that the Public Works Committee shall meet at least once per month commencing at 1:30 p.m., unless otherwise decided by Council. Council Minutes 24-020 November 13, 2024 Page 25 of 33 THEREFORE, BE IT RESOLVED: That the November 18, 2024 Public Works Committee meeting be rescheduled to commence at 9:30 a.m. Result: Motion

That the Council meeting recess until 1:00 p.m. Result: Motion

That the listing of Council Communication Updates from October 18, 2024 to November 7, 2024, be received. Result: Motion on the Council Communication Updates from October 18, 2024 to November 7, 2024,

That the Closed Session Minutes dated October 23, 2024 be approved, as presented, and remain confidential. Result: Motion

That Council move into Closed Session at 1:40 p.m. to discuss Items 11.2 and 11.3 respecting Appointments to the Public Health Sub-Committee for the 2022-2026 Council Term and Appeal to the Ontario Land Tribunal for lands located at 200 Market Street, 125 Napier Street and 55 Queen Street North, Hamilton respecting applications for an Official Plan Amendment (UHOPA-22-005) and Zoning By-Law Amendment (ZAC-22-012) (LS24010(a)) (Ward 1) pursuant to Section 9.3, Sub-sections (b), (e), (f) and (k) of the City's Procedural By-law 21-021, as amended, and Section 239(2), Sub-sections (b), (e), (f) and (k) of the Ontario Municipal Act, as amended, as the subject matters pertain to personal matters about an identifiable individual, including City or local board employees; litigation or potential litigation, including matters before administrative tribunals, affecting the City or a 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

(a) That the following individuals be appointed to the Public Health Sub- Committee for the remainder of the 2022-2026 Council Term commencing November 13, 2024, and until a successor is appointed: 1. Adjekum, Sara 2. Cheung, Andrew 3. Johnson, Kassia 4. Joseph, Ameil 5. Kirkby, Chelsea 6. Lennox, Robin Result: Motion,

(b) That the following individual be appointed as the Education Representative for the Public Health Sub-Committee for the remainder of the 2022-2026 Council Term commencing November 13, 2024, and until a successor is appointed: 1. Danko, Dawn (Hamilton Wentworth District School Board Trustee) Result: Motion,

(a) That the directions to staff in Closed Session, be approved and remain confidential until made public as the City’s position before the Ontario Land Tribunal; and, (b) That the balance of Report LS24010(a) remain confidential. Result: Motion

That Bills No. 24-195 to No. 24-205 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: 195 To Amend By-law No. 21-021, A By-law to Govern the Proceedings of Council and Committees of Council Ward: City Wide 196 To Exempt the Property Municipally Known as 922 Main Street East, in the City of Hamilton from Taxation for Municipal and School Purposes Ward: 3 197 To Establish City of Hamilton Land Described as Part of Lot 7, Concession 2 in the Geographic Township of Barton, designated as Parts 1, 2, and 3 on Plan 62R-21357 as Part of King Street East Ward: City Wide 198 To Establish City of Hamilton Land Described as Part of Lot 15, Concession 1 in the Geographic Township of Glanford, designated as Part 4 on Plan 62R-10552 as Part of Rymal Road East Ward: City Wide 199 To Designate Property Located at 7 Rolph Street, Dundas, City of Hamilton as Property of Cultural Heritage Value Ward: 13 200 To Designate Property Located at 634 Rymal Road West, City of Hamilton as Property of Cultural Heritage Value Ward: 14 201 To Amend Zoning By-law No. 6593 with Respect to Lands Located at 72 and 78 Stirton Street, Hamilton Ward: 3 202 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) Ward: 1, 3, 5, 7, 10, 11, 12, 13 203 Being

That, there being no further business, City Council be adjourned at 3:15 p.m. Result: Motion