Council

That the agenda for the October 23, 2024 meeting of Council be approved, as amended. Result: Motion

That the Minutes of the October 9, 2024 meeting of Council be approved, as presented. Result: Motion

That Council Communications 5.1 to 5.10 be approved, as presented, as follows: 5.1 Correspondence from the Town of Cobourg requesting support for their resolution regarding Support of Involuntary Care for Individuals with Severe Mental Health and Addictions Issues. Recommendation: Be received. 5.2 Correspondence from the Town of Bradford West Gwillimbury requesting support for their resolution regarding Ontario Deposit Return Program. Recommendation: Be received. 5.3 Correspondence from Baris Atakan Kafadar, Director/Board Member, The Federation of Canadian Turkish Associations respecting Turkish Republic Day on October 29th. Recommendation: Be received. 5.4 Correspondence from the Hamilton Conservation Authority (HCA) respecting their four new 10-Year Master and Management Plans for review and comment by December 6, 2024. Recommendation: Be received and referred to the General Manager of Planning and Economic Development for appropriate action. 5.5 Correspondence from the Honourable Prabmeet Singh Sarkaria, Minister of Transportation respecting the MTO and Metrolinx' commitment to working with the City and community stakeholders to determine how best to support the goals of affordable housing and community benefits as part of transit project delivery. Recommendation: Be received. Council Minutes 24-019 October 23, 2024 Page 5 of 38 5.6 Correspondence from the Town of Tillsonburg requesting support for their resolution for continued funding support for Southwest Community Tra

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

That Item (i)(i) respecting Service Level Change for Hanging Basket Program (PW24064) (City Wide) (Item 11.1), be lifted from the Information Section and added as Item 11 of the Public Works Committee Report 24-014, as follows: 11. Service Level Change for Hanging Basket Program (PW24064) (City Wide) (Item 11.1) (a) That the City of Hamilton’s Hanging Basket Program, identified in Report PW24064, be paused for the entirety of the 2025 season; (b) That the City of Hamilton’s Horticultural Section complete a full review of the Hanging Basket Program, identified in Report PW24064, to address safety concerns, identify resource efficiencies, and increase alignment with the City of Hamilton Biodiversity Action Plan and Climate Action Strategy; (c) That the staff review include the review of relevant existing Business Improvement Area (BIA) agreements to standardize services and costs; Council Minutes 24-019 October 23, 2024 Page 7 of 38 (d) That the Hanging Basket Program budget for contracted services, allocated to the Environmental Services Division - Forestry and Horticulture Section operating budget, Dept ID 446021 - 55916 - Enhanced Streetscaping, $145,400, be identified as a one-time cost-savings for the 2025 Budget; and (e) That staff report back with a summary of recommendations (b) and (c) in Report PW24064 and provide recommendations for the future administration of the City of Hamilton’s Hanging Basket Program identified in Report PW24064. Result: Motion on lifting Item

That Item 11 of Public Works Committee Report 24-015, respecting Service Level Change for Hanging Basket Program (PW24064) (City Wide) (Item 11.1), be referred back to staff, to report back to the Public Works Committee, on the maintenance of the Hanging Basket Program with recommendations that would ensure the continuation of the Hanging Basket Program in 2025 and beyond and taking into consideration the concerns that have been raised by the Business Improvement Associations, downtown businesses, residents, the Mayor and members of Council. Result: Amendment to Item 11 of the Public Works Committee Report 24-014, as Amended,

WHEREAS, in 2024 the City of Hamilton is investing $185.9 million dollars into housing and homelessness solutions, 67% funded directly by municipal taxpayers; WHEREAS, Ontario cities have been left to deal with the crisis of housing, homelessness, mental health and addictions without adequate resources from upper levels of government; WHEREAS, the Government of Canada has announced a $250 million dollar funding initiative to address the urgent issue of encampments and unsheltered homelessness with the intention of a fifty-fifty cost sharing agreement with provincial governments; WHEREAS, the Government of Canada will work directly with municipalities if necessary, but without the involvement of the Province of Ontario, Ontario municipalities will receive half of the potential funding available, while additional costs continue to be downloaded to municipal taxpayers; WHEREAS, federal discussions with the Province of Ontario have not led to meaningful progress on a cost sharing funding agreement to date; WHEREAS, the provincial Minister of Municipal Affairs and Housing has publicly announced an upcoming meeting with the federal Minister of Housing to take place in the week of October 28, 2024; and WHEREAS, mental health care, addiction treatment and housing are the responsibility of the Province of Ontario. Council Minutes 24-019 October 23, 2024 Page 10 of 38 THEREFORE, BE IT RESOLVED: That Item 6 of the General Issues Committee Report 24-017, respecting Reducing Homelessness

That Audit, Finance and Administration Committee Report 24-019, being the meeting held on Thursday, October 17, 2024, be received and the recommendations contained therein, be approved. Result: Motion on the Audit, Finance and Administration Committee Report 24-019,

That Planning Committee Report 24-015, being the meeting held on Friday, October 18, 2024, be received and the recommendations contained therein be approved. Result: Motion on the Planning Committee Report 24-015,

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 suspended in order to consider Report FCS24048, Community Sport and Infrastructure Fund. Result: Motion

(a) That the General Manager, Finance and Corporate Services, be delegated authority to submit applications under the Ontario government Community Sport and Recreation Infrastructure Fund Stream 1: Repair and Rehabilitation within the prescribed list of priorities outlined in Appendix “A” to Report FCS24048 for the City of Hamilton and under Stream 2: New Builds as projects are identified; (b) That any successful applications under the Community Sport and Recreation Infrastructure Fund be referred to the appropriate budget process for consideration of the municipal financing strategy; Council Minutes 24-019 October 23, 2024 Page 14 of 38 (c) That the Mayor and City Clerk be authorized to execute all necessary documentation, including Funding Agreements, to receive funding under the Community Sport and Recreation Infrastructure Fund with content satisfactory to the General Manager, Finance and Corporate Services, and in a form satisfactory to the City Solicitor; and (d) That the City Solicitor be authorized and directed to prepare any necessary by-laws for Council approval for the purpose of giving effect to the City’s acceptance of funding from the Community Sport and Recreation Infrastructure Fund. Result: Motion

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

WHEREAS, small businesses represent 97.8% of all Canadian businesses, contributing almost half of the Gross Domestic Product (GDP) generated by the private sector and are collectively Canada’s largest employer, putting more than 5.7 million (46.8%) Canadians to work; WHEREAS, the Locke Street Business Improvement Area (BIA) is composed of 90 active small businesses and approximately 55% of these businesses are female owned or co-owned; WHEREAS, Tourism Hamilton promotes the Locke Street as one of Hamilton’s go-to destinations; WHEREAS, the Locke Street BIA opened Locke Street South to pedestrians once a month on Sundays, July through October, for both dining and retail BIA members, in an effort to provide a safe engaging environment that promoted a friendly community space to neighbours and visitors to Locke Street; and WHEREAS, the accumulative costs of road closures far exceeds the funds available to the Locke Street BIA. THEREFORE, BE IT RESOLVED: (a) That a grant of an upset limit, not to exceed $15,000, including contingency, be provided to the Locke Street Business Improvement Area and be funded from the Ward 1 Capital Discretionary Accounts #3302109100 ($3,965.62) and #3302309100 ($11,034.38), to help support safe street closures; 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 conditions in a form satisfactory to the City Solicitor. Result: Motion

WHEREAS, the Immigrant Culture and Art Association (ICAA) is a not-for-profit organization operating in Ward 3 that strives to make a positive difference in the lives of immigrants, newcomer and low-income artists in Hamilton since 2002 offering access to cultural and artistic workshops, materials, and activities; WHEREAS, in June 2024, Council approved two City Enrichment Fund (CEF) grants to support the ICAA’s operations one for $13,194 and a $5,500 grant for the Newcomer Artist Digital Branding Project totaling $18,694; WHEREAS, ICAA was approved for an additional one-time Bridge funding of $5,806 to further support their operations; WHEREAS, successful CEF applicants are required to meet the obligations outlined in the CEF Guidelines and Funding Agreement, with any failure to do so resulting in future funding being withheld until all outstanding requirements are met and reported; WHEREAS, due to ICAA’s 2023 budget being lower than projected, their 2023 CEF grant exceeded the 30% funding policy, leaving the organization in arrears to the City in the amount of $9,965; WHEREAS, the CEF program does not offer a repayment plan, requiring full repayment of arrears before any additional funding can be released; and WHEREAS, ICAA will continue to hold arrears with the City and be required to repay the City before December 1, 2024. THEREFORE, BE IT RESOLVED: (a) That the requirement for the Immigrant Culture and Art Association (ICAA) to repay its arrears before the release of the

That the motion respecting H.E.A.R.T.’s (Healthy Education About Relationship Team) (Ward 15), Item 7.3, be referred to the Emergency and Community Services Committee. Result: Referral of the Motion (Item 7.3)

WHEREAS, the Royal Canadian Legion, Branch 551, and the Rotary Club of Flamborough AM, along with families of local veterans, have invested in a recognition program to acknowledge the military service of their loved ones through a veteran banner program; WHEREAS, the Legion will have a permanent display and mounting system in place for 2025 and beyond but are working with the Waterdown Village Business Improvement Area (BIA) to display the banners on city lampposts on Hamilton Street for Remembrance Day 2024; WHEREAS, the Rotary Club of Flamborough AM has budgeted to support the installation and the BIA has budgeted for the removal of veteran banners in 2024 but there is no budget for the temporary solution to accommodate for the format differences in the printed veteran banners and the BIA’s standard banner arm placement; and WHEREAS, the Ward 15 Community Council at its recent meeting, after hearing a fulsome presentation unanimously endorsed support for this initiative. THEREFORE, BE IT RESOLVED: (a) That the Royal Canadian Legion, Branch 551 be provided with a grant in order to ensure that the banners are installed for Remembrance Day 2024, funded from the Ward 15 Non-Property Tax Revenue Account (3301609615)at an upset limit, including contingency, not to exceed $815. (b) That the Mayor and City Clerk 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

WHEREAS, the Museum of Hope has become a popular attraction for local citizens and tourists; WHEREAS, this award-winning and nationally recognized historical showpiece continues to inspire a deeper understanding of military history; WHEREAS, a new display case is required to fill a missing gap in Canada’s proud military history, namely veterans who have served in Afghanistan; and WHEREAS, the Ward 15 Community Council has unanimously endorsed support of the Museum of Hope as a local priority. THEREFORE, BE IT RESOLVED: (a) That the Waterdown Museum of Hope be provided with a grant in support of the purchase of the required display case, funded from the Ward 15 Non- Property Tax Revenue Account (3301609615), at an upset limit, including contingency, not to exceed $6,000; 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 conditions in a form satisfactory to the City Solicitor Result: Motion

That the following motion respecting Flamborough Connects (Ward 15), be referred to the Emergency and Community Services Committee for consideration: Flamborough Connects (Ward 15) WHEREAS, Flamborough Connects strives, as their name suggests, to connect local services to the people of Ward 15 and rural Flamborough; WHEREAS, given the nature of our community, there are many seniors, rural residents and others who do not enjoy the ability to access digitally shared information; WHEREAS, Flamborough Connects has identified five specific broad-based information gaps, namely: frauds and scams; transportation (including DARTS); housing, food security and emergency services; WHEREAS, the production and distribution of a series of five issue brochures (that will also be available digitally), is seen as the best way to ensure a growing awareness of and access to service information, and WHEREAS, the Ward 15 Community Council recently and unanimously endorsed support of Flamborough Connects to proceed with this initiative. THEREFORE, BE IT RESOLVED: (a) That Flamborough Connects be provided with a grant in support of the production and distribution of a series of five issue brochures, funded from the Ward 15 Non-Property Tax Revenue Account (3301609615), at an upset limit, including contingency, not to exceed $5,400; (b) That the funds allocated and distributed through the grant be exempt on a one-time basis and not be counted toward any formula that restricts regular funding from the

WHEREAS, staff were directed by Council on November 8, 2023, to maintain the confidentiality of the closed session recommendations (a), (b), and (c) attached to Report LS23006(a) and Appendices “A” and “B” until they are released publicly as the City’s position before the Ontario Land Tribunal; and WHEREAS, an amendment to Item 7 of the Planning Committee Report 23-018 is required to reflect the correct direction. THEREFORE, BE IT RESOLVED: That Item 7 of the Planning Committee Report 23-018, respecting Appeal to the Ontario Land Tribunal (OLT) for lands located at 909 North Waterdown Drive, Waterdown, for Lack of Decision on Urban Hamilton Official Plan Amendment Application (ZAC-22-032/UHOPA-22-018) (LS23006(a)) (Ward 15) (Item 15.2), be amended, as follows: 7. Appeal to the Ontario Land Tribunal (OLT) for lands located at 909 North Waterdown Drive, Waterdown, for Lack of Decision on Urban Hamilton Official Plan Amendment Application (ZAC-22-032/UHOPA-22-018) (LS23006(a)) (Ward 15) (Item 15.2) That Report LS23006(a), respecting Appeal to the Ontario Land Tribunal (OLT) for lands located at 909 North Waterdown Drive, Waterdown, for Lack of Decision on Urban Hamilton Official Plan Amendment Application (ZAC-22- 032/UHOPA-22-018) (LS23006(a)) (Ward 15) (Item 15.2), be amended, by replacing sub-sections (b) and (c) with new wording, as follows: (a) That the directions to staff in closed session respecting Report LS23006(a) be approved; Council Minutes 24-019 October 23, 2024 Pa

WHEREAS, staff were directed by Council on February 14, 2024, to approve closed session recommendations (a), (b), and (c), along with Schedules 3 and 4 to Appendix “A” of Report LS23038(a) and to maintain the confidentiality of the recommendations (a), (b), and (c), along with Schedules 3 and 4 to Appendix “A” of Report LS23038(a) and any additional documentation submitted to the Ontario Land Tribunal, prepared in accordance with Report LS23038(a) until they are released publicly as the City’s position before the Ontario Land Tribunal; and WHEREAS, an amendment to Item 11 of the Planning Committee Report 24-002 is required to reflect the correct direction. Council Minutes 24-019 October 23, 2024 Page 24 of 38 THEREFORE, BE IT RESOLVED: That Item 11 of the Planning Committee Report 24-002, respecting Appeal to the Ontario Land Tribunal for lands located at 487 Shaver Road, Hamilton, for Lack of Decision on Official Plan Amendment Application (UHOPA-22-002) and Zoning By- law Amendment Application (ZAC-22-005) (LS23038(a)) (Ward 12) (Added Item 15.3), be amended, as follows; 11. Appeal to the Ontario Land Tribunal for lands located at 487 Shaver Road, Hamilton, for Lack of Decision on Official Plan Amendment Application (UHOPA-22-002) and Zoning By-law Amendment Application (ZAC-22-005) (LS23038(a)) (Ward 12) (Added Item 15.3) That Report LS23038(a), respecting Appeal to the Ontario Land Tribunal for lands located at 487 Shaver Road, Hamilton, for Lack of Decision on Official P

WHEREAS, there is a humanitarian crisis unfolding in cities, large and small, urban and rural, across Ontario that needs immediate action of all levels of government, starting with the Province of Ontario; WHEREAS, the homelessness, mental health and addictions crisis continues to grow with 3432 drug related deaths in Ontario in 2023 as well as with an estimated 234,000 Ontarians experiencing homelessness and over 1400 homeless encampments known to exist across Ontario communities in 2023; WHEREAS, municipalities are stepping up and working with community partners to put in place community-specific solutions to manage this crisis but municipalities lack the capacity and resources to address the magnitude and increasingly complex health care and housing issues alone; WHEREAS, the City of Hamilton on October 9, 2024 endorsed the Region of Waterloo’s call to action around the “Solve the Crisis” Campaign led by the Ontario Big City Mayors and has declared a state of emergency for homelessness, mental health and addictions in April, 2023; WHEREAS, residents of the City of Hamilton are investing close to $200 per capita in housing, significantly higher than other municipalities, and more than double the investment of the provincial and federal governments combined; WHEREAS, mental health care, addiction treatment and supportive housing are provincial responsibilities; WHEREAS, the use of property taxes to address the acuity of need and visible suffering is not suitable nor sustaina

WHEREAS, the Winona Peach Festival, established in 1967, is a not-for-profit organization that presents an annual festival celebrating Hamilton’s fruit-growing season and rural communities; WHEREAS, in June 2024, Council approved a City Enrichment Fund (CEF) grant totaling $60,695 to support the festival delivery; WHEREAS, the Winona Peach Festival was approved for an additional one-time Appeal funding of $7,570; WHEREAS, CEF applicants requesting grants of $30,000 or more are required to submit audited financial statements; Council Minutes 24-019 October 23, 2024 Page 28 of 38 WHEREAS, successful CEF applicants are required to meet the obligations set out in the CEF Guidelines and Funding Agreement, with any non-compliance resulting in withheld future funding until all outstanding requirements are met; WHEREAS, in November 2023, the Winona Peach Festival committed to preparing audited statements to meet CEF requirements; WHEREAS, the Winona Peach Festival experienced substantial loss of financial documents and records due to extenuating circumstances, preventing the preparation of the most recent audited financial statements; and WHEREAS, an Engagement Report has been submitted in the interim, and the festival has committed to submitting audited financial statements in subsequent years. THEREFORE, BE IT RESOLVED: (a) That the requirement of audited financial statements for the release of 2024 grants to the Winona Peach Festival be waived as a one-time exception due to extenu

WHEREAS, in April 2024, as part of their budget, the federal government announced a $6B Canada Housing Infrastructure Fund to be made available to provinces and municipalities if certain conditions are met; Council Minutes 24-019 October 23, 2024 Page 29 of 38 WHEREAS, the federal government requires provinces to enter into an agreement to access $5 billion of the $6 billion Canada Housing Infrastructure Fund allocated for provinces and territories; WHEREAS, this fund is intended to support the construction of new housing and necessary Infrastructure; WHEREAS, Provinces and territories will need to commit to key actions related to housing, one of those actions is a three-year freeze on Development Charges; WHEREAS, instituting a Development Charge (DC) rate freeze has the potential to pose significant fiscal challenges for the City of Hamilton, and staff are projecting a shortfall of between $132M and $270M over a three-year period; WHEREAS, freezing Development Charges for 3 years while infrastructure costs rise, means growth is no longer paying for growth; WHEREAS, it remains unconfirmed whether sufficient compensation from the Federal government to offset lost DC revenue will be provided, which means there is no longer a reliable way to expand vital infrastructure to service housing development; WHEREAS, without sufficient federal investment, the financial burden for growth infrastructure will shift to municipal tax and ratepayers and the City of Hamilton will be faced wit

That the Council meeting recess until 1:30 p.m. Result: Motion

That the listing of Council Communication Updates from October 4, 2024 to October 17, 2024, be received. (Hwang/seconder) That the Communication Update respecting City of Hamilton ‘AAA’ Credit Rating (City Wide) (Item 2), be referred to the Audit, Finance and Administration Committee. Result: Motion on the referral of Item 2 of the Council Communication Updates from October 4, 2024 to October 17, 2024,

That the Closed Session Minutes dated October 9, 2024 be approved, as presented, and remain confidential. Result: Motion

That representatives from Oak View Group, LLC and Live Nation Canada, Inc. be permitted to attend the Closed Session portion of the Council Meeting respecting Arena Lease Update (PED24213) (Ward 2), if necessary. Result: Motion

That Council move into Closed Session at 2:10 p.m. to discuss Item 11.2 respecting an Arena Lease Update (PED24213) (Ward 2) pursuant to Section 9.3, Sub-section (k) of the City's Procedural By-law 21-021, as amended; and, Section 239(2), Sub-section (k) of the Ontario Municipal Act, 2001, as amended, as the subject matter pertains to 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 city or a local board. Result: Motion

(a) That the directions to staff in closed session (recommendations (a) and (b)) of Report PED24213 respecting Arena Lease Update (Ward 2), be approved and remain confidential until such time as the necessary conditions for public release described therein are met; and (b) That Report PED24213, respecting Arena Lease Update (Ward 2), remain confidential. Result: Motion

That Bills No. 24-184 to No. 24-192 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: 184 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 13 (No Stopping Zones) Ward: 6, 9, 10, 12, 13 185 To Designate Property Located at 6 Websters Falls Road, Flamborough, City of Hamilton as Property of Cultural Heritage Value Ward: 13 186 To Repeal and Replace By-law No. 15-176, as amended by By-law No. 18-104, 19- 026, 21-069 and 23-030, being the Consolidated Site Plan Control By-laws for the City of Hamilton Ward: City Wide 187 To Amend Zoning By-law No. 05-200 Respecting Lands Located at 65 and 69 Eleanor Avenue, 177 Mentino Crescent, and 224 Eaglewood Drive, Hamilton Ward: 6 ZAC-22-037 188 To Adopt Official Plan Amendment No. 221 to the Urban Hamilton Official Plan Respecting Formal Consultation and Complete Application Requirements under Bill 185 Ward: City Wide 189 To Adopt Official Plan Amendment No. 42 to the Rural Hamilton Official Plan Respecting Formal Consultation and Complete Application Requirements under Bill 185 Ward: City Wide 190 To Adopt Official Plan Amendment No. 47 to the former Region of Hamilton Wentworth Official Plan Respecting Formal Consultation and Complete Application Requirements under Bill 185 (West Harbour (Setting Sail) Secondary Plan area) Ward:

That, there being no further business, City Council be adjourned at 3:09 p.m. Result: Motion