Council

That the agenda for the November 8, 2023 meeting of Council be approved, as amended. Result: Motion

That the Minutes of the October 25, 2023 meeting of Council be approved, as presented. Result: Motion

That Council Communications 5.1 to 5.19 be approved, as presented, as follows: 5.1 Correspondence from the Town of Rainy River requesting support for their resolution petitioning the Province of Ontario to expand water treatment training opportunities for communities within Ontario. Recommendation: Be received. 5.2 Correspondence from Watson & Associates Economists Ltd. respecting an Assessment of Bill 134 - Affordable Homes and Good Jobs Act. Recommendation: Be received and referred to the General Manager of Finance and Corporate Services and the General Manager of Planning and Economic Development for appropriate action. 5.3 Correspondence from Ontario's Big City Mayors (OBCM) respecting their motion for Consideration for Building Faster Eligibility Requirements. Recommendation: Be received. 5.4 Correspondence from Ontario's Big City Mayors (OBCM) respecting their motion on Anti Auto Theft Program. Recommendation: Be received. 5.5 Correspondence from Chad Collins, Member of Parliament for Hamilton East -Stoney Creek calling on the Provincial Government to immediately close the GFL landfill at 65 Green Mountain Road West in Stoney Creek until the company implements measures to eliminate odours at the site. Recommendation: Be received. 5.6 Correspondence from the Municipality of North Perth requesting support for their resolution respecting Social and Economic Prosperity Review. Recommendation: Be received. 5.7 Correspondence from the Town of Aurora requesting support for the

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

That Item 2 of Public Works Committee Report 23-016 respecting Opportunities to Partner with Educational Institutions to Plant Trees (PW23066) (City Wide), be amended as follows: 2. Opportunities to Partner with Educational Institutions to Plant Trees (PW23066) (City Wide) (Outstanding Business List Item) (Item 11.2) (a) That Forestry and Horticulture staff be authorized and directed to: (i) Pursue opportunities with representatives from Conservation Authorities and educational institutions (the “Organizations”) in the City of Hamilton to plan tree planting projects on lands which are readily accessed by the public and owned by these Organizations; and (ii) Present these opportunities to Ward Councillors and assist in drafting motions which detail the project(s) and funding from Area Rating Special Capital Re-Investment Discretionary Funds and/or Non- property tax revenues within the Ward. which requests the use of the Area Rating Special Capital Re-Investment Discretionary Funds following Ward-Specific Funding Initiatives Procedures outlined in Report FCS18014(a). (b) That the General Manager, Public Works, or their designate, be authorized and directed to: (i) Apply for grant funding on behalf of the City of Hamilton for forestry initiatives related to increasing tree canopy on all City of Hamilton owned lands; (ii) Support grant applications initiated by collaborating Organizations, including not for profit organization by providing letters of support, and/or by assisting

WHEREAS, the City of Hamilton has accumulated a core asset deficit (roads, water, wastewater, stormwater) of $2 Billion which is growing at a rate of $195 million per year and which are an obstacle to the City meeting service level standards on our roads; WHEREAS, the Airport Employment Growth Transportation Master Plan (AEGD TMP) proposes building $500M in new roads that will initially be paid for a by a mix of developers, development charges, and tax levy, but will be a long-term maintenance liability for the City of Hamilton funded by taxpayers; Council Minutes 23-020 November 8, 2023 Page 10 of 28 WHEREAS, decisions made in this term of Council will impact future generations; WHEREAS, Hamilton City Council has stated a priority to reduce the burden on taxpayers - current and future; WHEREAS, an increase in industrial tax assessment is an important step to reduce the burden on residential property taxpayers; and WHEREAS, the AEGD TMP has considered the forecasted traffic demand on roads as the AEGD is built out and has proposed a road network accordingly, but has not completed a cost- benefit analysis of the network. THEREFORE, BE IT RESOLVED: That Item 4 of Planning Committee Report 23-018 respecting the Airport Employment Growth District Transportation Master Plan Update (PED17175(a)) (Wards 11 and 12), be amended as follows: 4. Airport Employment Growth District Transportation Master Plan Update (PED17175(a)) (Wards 11 and 12) (Item 11.2) That the consideration of Repor

That Item 6 of Planning Committee Report 23-018, respecting A Bylaw to Regulate the Distribution and Display of Graphic Images, be amended, by adding sub-section (d) as follows: (d) That Council Communication Item 5.17, respecting Correspondence from Joyce Arthur, Executive Director, Abortion Rights Coalition of Canada (ARCC) respecting information to help Hamilton pass bylaws to regulate graphic imagery of aborted fetuses, be referred to staff as information to consider in the delivery of the feasibility report and recommendations. Result: Amendment to Item 6 of Planning Committee Report 23-018,

That Item 3 of General Issues Committee Report 23-028, respecting Environmental Remediation and Site Enhancement Redevelopment Grant Application, 13-25 King Street East, Stoney Creek (PED23228) (Ward 5), be amended, by adding sub-section (d) as follows: 3. Environmental Remediation and Site Enhancement Redevelopment Grant Application, 13-25 King Street East, Stoney Creek (PED23228) (Ward 5) (Item 10.1) (d) That staff be directed to advise Council on the migration of contaminates Council Minutes 23-020 November 8, 2023 Page 14 of 28 off the site. Result: Amendment to Item 3 of General Issues Committee Report 23-028,

That Item 2(b) of Audit, Finance and Administration Committee Report 23-017 respecting the Governance Review Sub-Committee Report 23-004, October 27, 2023, City of Hamilton Flag and Sign Policy (CM23014) (City Wide) as follows, be referred to Legal Services for their review and report back to the Governance Review Sub-Committee: 2. Governance Review Sub-Committee Report 23-004, October 27, 2023 (Added Item 10.5) (b) City of Hamilton Flag and Sign Policy (CM23014) (City Wide) (Item 10.1) (i) That the City of Hamilton’s Flag Protocol (Report 11-003 to Governance Review Sub-Committee) be repealed and replaced with the City of Hamilton Flag and Sign Policy in Appendix E to Audit, Finance and Administration Committee Report 23-017; (ii) That the City of Hamilton Flag and Sign Policy be posted on the City website to guide the raising and lowering of flags and lighting of the 3D Hamilton sign; and, (iii) That the City of Hamilton Flag and Sign Policy be brought forward for amendment at such time that the City adopts an official days of recognition policy. Result: Amendment to Item 2(b) of the Audit, Finance and Administration Committee Report 23-017,

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 (Budget) Report 23-029. Result: Motion

That General Issues Committee (Budget) Report 23-029, being the meeting held on Monday, November 6, 2023, be received and the recommendations contained therein be approved. Council Minutes 23-020 November 8, 2023 Page 17 of 28 Result: Motion on the General Issues Committee (Budget) Report 23-029,

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

WHEREAS City Council approved a motion to allocate Ward 2 Community Grants on August 18, 2023; Council Minutes 23-020 November 8, 2023 Page 18 of 28 WHEREAS the Ward 2 Community Grants program closed for Q4 on September 30, 2023 with a total of 17 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 they were all eligible; and WHEREAS the following $28,950 in 6 individual grants is the second and final part of the fulfillment of this round of the Ward 2 Community Grants program. THEREFORE, BE IT RESOLVED: (a) That up to $5,000 be allocated from the Ward 2 Special Capital Reinvestment Discretionary Fund (3302309200) to the 272 Caroline Street South Tenant Association for assistance with costs for a building appraisal, insurance, and tenant meetings spaces for the pre-purchase process. The 272 Caroline Street South Tenant Association received $84,000 from the City of Hamilton in 2023 through the Ward 2 Area Rating Reserve; (b) That up to $5,000 be allocated from the Ward 2 Special Capital Reinvestment Discretionary Fund (3302309200) to Compass Community Health for the purchase of orthopaedic shoes for low-income seniors participating in their walking and fitness program. Compass Community Health received $29,918.20 from the City of Hamilton in 2023 through the Welcome Baby program delivered by Public Health Services ($24,968.20) and

WHEREAS, By-law 07-351, a By-Law to Adopt and Maintain a Policy with Respect to the Provision of Public Notice, requires that public notice is required to advise of a Committee meeting to consider the enactment of a procedure bylaw in the form of one notice published in a newspaper a minimum of 14 days prior to the Committee meeting; and WHEREAS, By-law 07-351, a By-Law to Adopt and Maintain a Policy with Respect to the Provision of Public Notice also notes that Council may direct that other notice is to be given as Council considers adequate; THEREFORE, BE IT RESOLVED: That Council waive the notice provision within By-law 07-351, a By-Law to Adopt and Maintain a Policy with Respect to the Provision of Public Notice in order for the amendments to be made to the Procedural By-law effective immediately. Result: Motion

WHEREAS, the confidentiality of Closed Session meeting discussions is in keeping with good governance and benefits of all members of Council; WHEREAS, members of Council and staff who are participating virtually during a Closed Session meeting should be located in a private room where those not participating in the Closed meeting would not have access to an attendee’s screen or overhear parts of a confidential discussion; and WHEREAS, the wearing of headphones or some other type of hearing equipment would eliminate the opportunity for those not participating in the Closed meeting to overhear a confidential discussion. THEREFORE, BE IT RESOLVED: That By-law 21-021, A By-law to Govern the Proceedings of Council and Committees of Council, the ‘Procedure By-law’, be amended by adding Sub-Section 10.6 under Section 10 – Virtual Participation at Council and/or Committee Meetings, as follows: 10.6 Members of Council and staff attending virtually, shall during Closed Meetings ensure they are in a private room/area and use headphones or some other type of hearing equipment that eliminates the opportunity for those not participating in the Closed meeting to access an attendee’s screen and/or overhear the confidential discussion. Result: Motion

WHEREAS Council has approved the following Outcome: Increase the supply of affordable and supportive housing and reduce chronic homelessness, as part of the 2022-2026 Council Priority: Safe & Thriving Neighbourhoods; WHEREAS housing issues are strongly related to “economic development matters” already included within the mandate of the General Issues Committee; and WHEREAS issues related to encampments are considered at General Issues Committee. THEREFORE, BE IT RESOLVED: That By-law 21-021, A By-law to Govern the Proceedings of Council and Committees of Council, the ‘Procedure By-law’, be amended by moving the consideration of ‘Housing Services’ matters from Emergency and Community Services Committee (Appendix ‘E’ of By-law 21-021) to General Issues Committee (Appendix ‘A’ of By-law 21-021). Result: Motion

WHEREAS, Council has been delegated the power to appoint the chair and vice chair of the General Issues Committee (Budget) for the 2024 Budget; THEREFORE, BE IT RESOLVED: (a) That Councillor J.P. Danko, be appointed Chair of General Issues Committee (Budget) for the 2024 Budget; and (b) That Councillor M. Wilson, be appointed Vice Chair of General Issues Committee (Budget) for the 2024 Budget. Result: Motion

That the Rules of Order be waived to allow for the introduction of a motion respecting the Appointment of the Chair and Vice Chair of General Issues Committee (Budget) for the 2024 Budget. Result: Motion

That the listing of Council Communication Updates from October 20, 2023 to November 2, 2023, be received. Result: Motion on the Council Communication Updates from October 20, 2023 to November 2, 2023

That the Closed Session Minutes dated October 25, 2023 be approved, as presented, and remain confidential. Result: Motion

That Council recess from 12:07 p.m. to 12:40 p.m. Result: Motion

That Council move into Closed Session to discuss Items 11.2 and 11.3 respecting the Appointment to the Hamilton Police Services Board and ATU Local 107 Collective Bargaining Update pursuant to Section 9.3, Sub-section (b) and (d) of the City's Procedural By-law 21- 021, as amended, and Section 239(2), Sub-section (b) and (d) of the Ontario Municipal Act, 2001, as amended, as the subject matters pertain to the personal matters about an identifiable individual, including City or local board employees and labour relations or employee negotiations. Result: Motion

(a) That Anjali Menezes be appointed to the Hamilton Police Services Board for a term commencing November 8, 2023, and for the 2022-2026 Term of Council or until a successor is chosen; and (b) That the direction to staff in Closed Session directing the Clerk to administer the oath, be approved. Result: Motion

That the ATU Local 107 Collective Bargaining Update, be received and remain confidential. Result: Motion

That Bills No. 23-206 to No. 23-212, as amended; Bills No. 23-213 and Bills No. 23-214, 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: 206 To Amend By-law No. 16-184, being a By-law to Regulate Enclosures for Privately- Owned Outdoor Pools Ward: City Wide 207 To Amend By-law No. 10-122, Being a By-law to Prohibit and Regulate Fortification and Protective Elements of Land Ward: City Wide Council Minutes 23-020 November 8, 2023 Page 27 of 28 208 To Adopt Official Plan Amendment No. 192 to the Urban Hamilton Official Plan Respecting 1280 Rymal Road East and 385 Nebo Road, 1308 and 1318 Rymal Road East and 172 Dartnall Road, and part of 0 Rymal Road East (Hamilton) Ward: 6 209 To Amend Zoning By-law No. 05-200 with Respect to Lands Located at 1280 Rymal Road East, 385 Nebo Road, 1308 and 1318 Rymal Road East, 172 Dartnall Road and 0 Rymal Road East, Hamilton Ward: 6 CI-23-L 210 To Authorize a Tax Exemption for the Arena Located at 101 York Boulevard for the Purposes of the Provision of Municipal Capital Facilities as defined in Section 110 of the Municipal Act, 2001 and to Repeal By-law No. 22-054 Ward: 2 211 To Authorize a Tax Exemption for the Arena Located at 1 Summers' Lane for the Purposes of the Provision of Municipal Capital Facilities as defined in Section 110 of the Municipal Act, 2001 and to Repeal By-law No. 22-055 Ward: 2 212 To Amend By-law No. 21-021, A By-la

That, there being no further business, City Council be adjourned at 4:22 p.m. Result: Motion