Council

That the agenda for the November 22, 2023 meeting of Council be approved, as amended. Result: Motion

That the Minutes of the November 8, 2023 meeting of Council be approved, as presented. Result: Motion

That Council Communications 5.1 to 5.20 be approved, as amended, as follows: 5.1 Correspondence from the Municipality of Wawa requesting support for their resolution calling upon the Government of Canada to support Bill C-310 and enact amendments to subsections 118.06(2) and 118.07(2) of the Income Tax Act in order to increase the amount of the tax credits for volunteer firefighting and search and rescue volunteer services from $3,000 to $10,000. Recommendation: Be received. Council Minutes 23-021 November 22, 2023 Page 5 of 47 5.2 Correspondence from the Municipality of Wawa requesting support for their resolution in support of the Township of McKellar's resolution requesting the Provincial Government to make an amendment to the Legislation Act, 2006, to include digital publications as an acceptable means of publication and notice requirements for Provincial Acts and Regulations. Recommendation: Be received. 5.3 Correspondence from Miki McKellar respecting the Safari Rd. Municipal drain. (a) Additional Correspondence Recommendation: Be received and referred to the consideration of Item 1 of Public Works Committee Report 23-017. 5.4 Correspondence respecting No Boundary Expansion: (a) Phyllis Dwyer (b) Lorraine Green (c) Devon Smith (d) Ron Ballentine (e) Mary Ciotti (f) Susan Joanis (g) Cheri Elson (h) Adam Sperber (i) Agnes Richard (j) Deborah Lindeman (k) Debbie Edwards (l) Linda Canaris (m) Dorothy Schrader (n) Joanne Turnell (o) Adele Alfano (p) Mary Pat Jankowski (q) Ma

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

That General Issues Committee (Special) Report 23-030, being the meeting held on Thursday, November 9, 2023, be received and the recommendations contained therein be approved. Result: Motion on the General Issues Committee (Special) Report 23-030,

WHEREAS, an information report on the International Blue Flag Beach Program was received at the November 13, 2023 Public Health Committee; WHEREAS, Report PW23068/BOH22004(b) outlines the Blue Flag criteria for beaches, and estimated costs without a formal application/audit report; WHEREAS, to begin the process of Blue Flag International accreditation for the Van Wagners Beach site, staff would need to work with Swim Drink Fish Canada, who operate Blue Flag Canada on behalf of Blue Flag International; WHEREAS, Swim Drink Fish Canada would work with the City of Hamilton to complete a beach audit and provide a feasibility report for candidate beach locations, with a list of improvements required to meet the accreditation requirements; WHEREAS, the feasibility report from Swim Drink Fish Canada will outline any deficiencies to meeting accreditation; and WHEREAS, the process may take 12-18 months to complete. THEREFORE, BE IT RESOLVED: That Item 4 of Public Health Committee Report 23-011 respecting the Blue Flag Beach Program (PW23068/BOH22004(b)) (City Wide), be amended as follows: (a) That Report PW23068/BOH22004(b) respecting Blue Flag Beach Program, be received; (b) That staff be directed to engage Swim Drink Fish Canada, to begin the process for accreditation for Van Wagners Beach site, with the first step being a feasibility audit for compliance to the Blue Flag program; and (c) That staff report back to the Public Health Committee with the costs to become compliant with th

That Public Works Committee Report 23-017, being the meeting held on Monday, November 13, 2023, be received and the recommendations contained therein be approved. Result: Motion on the Public Works Committee Report 23-017,

That Item 7 of Planning Committee Report 23-019, respecting Applications for an Official Plan Amendment and Zoning By-law Amendment, for Lands Located at 1225 Old Golf Links Road, Ancaster (PED23234) (Ward 12), be amended, as follows: 7. Applications for an Official Plan Amendment and Zoning By-law Amendment, for Lands Located at 1225 Old Golf Links Road, Ancaster (PED23234) (Ward 12) (Item 10.5) (a) That Official Plan Amendment Application UHOPA-23-017, by A.J. Clarke and Associates Ltd. (c/o Ryan Ferrari) on behalf of Ancaster Space Station Inc. (c/o Steve Grzenda), Owner, to amend Volume 1, Schedule E-1 -Urban Land Use Designations by redesignating the subject site from the “Open Space” designation to the “Mixed Use – Medium Density” designation, to amend Volume 2, Meadowlands Mixed Use Secondary Plan Map B.2.4-1 by redesignating the subject site from the “General Open Space” designation to the “Mixed Use – Medium Density” designation, and to amend Volume 2, Meadowlands Mixed Use Secondary Plan by adding a Site Specific Policy to permit a maximum five storey warehouse (self-storage) use, for the lands located at 1225 Old Golf Links Road, as shown on Appendix “A” attached to Report PED23234, be APPROVED on the following basis: (i) That the draft Official Plan Amendment, attached as Appendix “B” to Report PED23234, as amended by amending the Site Specific Policy to remove the warehouse (self-storage) use permission, be adopted by City Council; (ii) That the proposed Official

That Item 8 (b)(iii)(1) of Planning Committee Report 23-019, respecting Applications for an Official Plan Amendment and Zoning By-law Amendment for Lands Located at 65 Guise Street East (Pier 8, Block 16), Hamilton (PED22031(a)) (Ward 2), be amended to remove ‘best efforts to target’, to read as follows: (b) That Revised Zoning By-law Amendment Application ZAC-22-003, by WEBB Planning Consultants (c/o James Webb) on behalf of the City of Hamilton, Municipal Land Development Office, Owner, for a change in zoning from the Community Institutional (I2, 486, H94) Zone to the Waterfront – Mixed Use (WF2, 819, H94, H130) Zone to permit a maximum 45 storey (147.0 metre) mixed use building, for lands located at 65 Guise Street East (Pier 8, Block 16), as shown on Appendix “A” attached to Report PED22031(a), be APPROVED on the following basis: (iii) That the amending By-law apply the Holding Provision of Section 36(1) of the Planning Act, R.S.O. 1990 to the subject property by introducing the Holding symbol ‘H130’ to the proposed Waterfront – Mixed Use (WF2, 819, H94, H130) Zone; The Holding Provision ‘H’ is to be removed, conditional upon: (1) The Owner submitting and receiving conditional site plan approval, which shall implement the Pier 8 Block 16 Urban Design Guidelines, the Pier 8 – Block 16 Sustainability Report, the preferred tower design as determined through the Implementation Process for a Tall Building Proposal – Pier 8, Block 16, and that addresses innovation in the areas

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 Report 23-031. Result: Motion

That Items (e)(viii) and (g)(i) respecting NRStor Inc.’s, delegation respecting a proposed 100 MW / 400 MWh battery energy storage project within Hamilton's Steelport development and Aypa Power’s delegation respecting a proposed Sulphur Springs Battery Energy Storage System (BESS) project, be lifted from the Information Section and be added as Item 15 of the General Issues Committee Report 23-031, as follows: 15. Battery Energy Storage Proposals (a) That the delegation from Shivani Chotalia and Jason Rioux, NRStor Inc., addressed the Committee respecting a 100 MW / 400 MWh battery energy storage project we are proposing within Hamilton's Steelport development, be received; and (b) That the delegation from Nadia Pabst, Aypa Power, respecting its Sulphur Springs Battery Energy Storage System (BESS) project, be received; Result: Motion to Lift Items (e)(viii) and (g)(i) of the General Issues Committee Report 23-031,

That Item 15 respecting Battery Storage Proposals, be amended by adding sub-section (c) as follows: (c) That Planning and Economic Development staff be directed to review the recent battery energy storage proposals from NRStor Inc. and Aypa Power and assess from a climate change, economic development and land use perspective and report back to the Planning Committee with recommended criteria for Council to consider in future proposals seeking endorsement. Result: Amendment to Item 15 of the General Issues Committee Report 23-031,

That Audit, Finance and Administration Committee Report 23-018, being the meeting held on Thursday, November 16, 2023, be received and the recommendations contained therein be approved. Result: Motion on the Audit, Finance and Administration Committee Report 23-018,

That Emergency and Community Services Committee Report 23-014, being the meeting held on Thursday, November 16, 2023, be received and the recommendations contained therein be approved. Result: Motion on the Emergency and Community Services Committee Report 23-014,

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

That Council recess from 12:03 p.m. to 12:35 p.m. Result: Motion

WHEREAS, Report PED23198, King West Business Improvement Area Dormancy, and Report PED23199, Main West Esplanade Business Improvement Area Dormancy, were considered at the October 18, 2023 General Issues Committee meeting; Council Minutes 23-021 November 22, 2023 Page 27 of 47 WHEREAS, sub-section (f) in both reports (Items 6 and 7 of General Issues Committee Report 23-027) was included in error, as the applicability of commercial district incentive programs in circumstances involving Business Improvement Area dormancy has previously been addressed in the applicable financial incentive program terms updated through the Revitalizing Hamilton’s Commercial Districts Community Improvement Plan comprehensive review approved by City Council via Report PED21035(a) on September 29, 2021; and WHEREAS, the current in effect incentive program terms permit the continued availability of incentive programs to properties located in a dormant Business Improvement Area provided the site is located within an applicable Community Improvement Project Area with the exception of any increased incentive maximums afforded properties located in an active Business Improvement Areas. THEREFORE, BE IT RESOLVED: (a) That Item 6 of General Issues Committee Report 23-027 respecting the King West Business Improvement Area Dormancy (PED23198) (Ward 2), be amended by deleting sub-section (f), as follows: 6. King West Business Improvement Area Dormancy (PED23198) (Ward 2) (Item 10.1) (a) That the Dormant Busin

WHEREAS, Council has been delegated the power to appoint the chair and vice chair of the Procurement Sub-Committee for the remainder of the 2022-2026 Term of Council. THEREFORE, BE IT RESOLVED: (a) That Councillor J.P. Danko, be appointed Chair of the Procurement Sub- Committee for the remainder of the 2022-2026 Term of Council; and (b) That Councillor A. Wilson, be appointed Vice Chair of the Procurement Sub- Committee for the remainder of the 2022-2026 Term of Council. Result: Motion

WHEREAS, on July 14, 2023 Council approved the request for one additional full-time FTE to respond to the growing volume of fraud and waste complaints to be referred to the 2024 Operating Budget within Report AUD23009, Fraud, Waste, and Whistleblower Semi-Annual Update; and Council Minutes 23-021 November 22, 2023 Page 30 of 47 WHEREAS, the Office of the Auditor General is cognizant of the challenges of this year’s budget pressures, and takes seriously the direction to carefully consider such requests in light of Council priorities and the financial impact on residents. THEREFORE, BE IT RESOLVED: (a) That Item 5 of Audit, Finance and Administration Committee Report 23-011 respecting the Fraud, Waste, and Whistleblower Semi-Annual Update (AUD23009) (City Wide), be amended, as follows: 5. Fraud, Waste, and Whistleblower Semi-Annual Update (AUD23009) (City Wide) (Item 10.2) (a) That the Fraud, Waste and Whistleblower Semi-Annual Update be received. (b) That the creation of one Full Time Equivalent (FTE) employee for a Senior Auditor be referred to the 2025 Operating Budget. Result: Motion

WHEREAS, on June 7, 2023 Council approved the directions to staff respecting Limiting or Prohibiting the Acceptance of Gifts in the Code of Conduct for Employees and the Council Code of Conduct; and WHEREAS, it is now necessary to include in that review, a gap analysis of the City’s policies that apply to staff and not to elected officials; Council Minutes 23-021 November 22, 2023 Page 31 of 47 THEREFORE, BE IT RESOLVED: (a) That Item 1 of Audit, Finance and Administration Committee Report 23-009 respecting the Fraud, Waste, and Whistleblower Semi-Annual Update (AUD23009) (City Wide), be amended by adding a new sub-section (c), as follows: 1. Limiting or Prohibiting the Acceptance of Gifts in the Code of Conduct for Employees and the Council Code of Conduct (Item 9.4) (a) That Human Resources staff be directed to conduct a review of the Codes of Conduct for employees at other municipalities and report back to the Audit, Finance and Administration Committee with recommendations respecting limiting or prohibiting the accepting of gifts for employees; (b) That the City Clerk be directed to coordinate a review of the Council Codes of Conduct at other municipalities and report back to Audit, Finance and Administration Committee with recommendations respecting limiting or prohibiting the accepting of gifts for elected officials; and (c) That staff be directed to perform a gap analysis of City policies that apply to staff, as employees of the corporation, and not to elected official

That Council accept Councillor N. Nann’s resignation from the Selection Committee for Agencies, Boards and Sub-Committees, effective immediately. Result: Motion

WHEREAS, the Hamilton Winter Solstice Festival was successfully held annually on December 21 in 2017, 2018, and 2019; WHEREAS, organizers of the Hamilton Winter Solstice Festival wish to hold the fourth annual festival on December 21, 2022; and WHEREAS, funding for these events was previously allocated from the Ward 2 Non- Property Tax Revenue Account (3301609602); THEREFORE, BE IT RESOLVED: (a) That up to $6,500 be allocated from the Ward 2 Non-Property Tax Revenue Account (3301609602) to the Corktown Neighbourhood Association for a winter solstice event in Corktown; 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. Council Minutes 23-021 November 22, 2023 Page 33 of 47 Result: Motion

WHEREAS, the City of Hamilton, through the Community Safety and Wellbeing Plan has identified addressing rising hate incidents as a priority action and has committed to addressing and reducing hate and identity-based violence including anti-Semitism, Islamophobia, anti-Black and anti-Indigenous racism, xenophobia, transphobia, homophobia and other forms of discrimination; WHEREAS, an increased atmosphere of identity-based hatred, including but not limited to: antisemitism, Islamophobia, homophobia, transphobia, ableism, and racism, has resulted in real and growing safety concerns for equity-deserving members of our community; WHEREAS, there have been recent acts of violence against Jewish communal organizations in Canada, including arson attempts on Jewish congregations in Montreal and shots fired at Yeshiva Gedola and Talmud Torah Elementary School, and substantiated threats to Jewish communal organizations in Hamilton; WHEREAS, Hamilton Jewish Family Services (HJFS) has identified substantiated increased safety concerns for their workers and clients that will require increased expenditures on security measures; and WHEREAS, HJFS is committing to meeting this increased operating expense on a go-forward basis but requires immediate gap funding to implement these measures without service reductions; Council Minutes 23-021 November 22, 2023 Page 34 of 47 THEREFORE, BE IT RESOLVED: (a) That $7,500 be allocated from the Ward 13 Cell Tower/Non-property tax Revenue account (3301609

WHEREAS, the City of Hamilton, through the Community Safety and Wellbeing Plan has identified addressing rising hate incidents as a priority action and has committed to addressing and reducing hate and identity-based violence including anti-Semitism, Islamophobia, anti-Black and anti-Indigenous racism, xenophobia, transphobia, homophobia and other forms of discrimination; WHEREAS, an increased atmosphere of identity-based hatred, including but not limited to: antisemitism, Islamophobia, homophobia, transphobia, ableism, and racism, has resulted in real and growing safety concerns for equity-deserving members of our community; Council Minutes 23-021 November 22, 2023 Page 35 of 47 WHEREAS, there have been recent acts of violence against Jewish communal organizations in Canada, including arson attempts on Jewish congregations in Montreal and shots fired at Yeshiva Gedola and Talmud Torah Elementary School, and substantiated threats to Jewish communal organizations in Hamilton; WHEREAS, Ward 1’s Hamilton Hebrew Academy, Adas Israel Synagogue and Temple Anshe Sholom have identified substantiated increased safety concerns for their students, congregants and tenants that will require increased expenditures on security measures; and WHEREAS, Hamilton Hebrew Academy, Adas Israel Synagogue and Temple Anshe Sholom is committing to meeting this increased operating expense on a go-forward basis but requires immediate gap funding to implement these measures without service reductions; THE

WHEREAS, the Flamborough Santa Claus Parade is in need of funds due to user fees; WHEREAS, user fees are charged by the City of Hamilton to offset costs outside normal service levels, to support events; and WHEREAS, this group is seeking funding support rental of 40 garbage cans, which includes delivery and pick up as well as disposal of the garbage; THEREFORE, BE IT RESOLVED: (a) That $2,000.00, to support the costs associated with user fee, to be funded from the Ward 15 Non-Property Tax Revenue Account (3301609615), be approved; and (b) That the Mayor and City Clerk be authorized and directed to approve and execute all required agreements and ancillary documents, with such terms and conditions in a form satisfactory to the City Solicitor. Result: Motion

WHEREAS, odours from the GFL Stoney Creek Facility have been an ongoing concern to both the local Upper Stoney Creek Community, and broader Stoney Creek and Hamilton Community since the Spring of 2023; WHEREAS, the Management of the Stoney Creek Facility committed to monthly public update sessions on October 18th, November 16th and December 14th 2023, via Zoom; WHEREAS, Virtual/Zoom meetings are not universally accessible to all community members; and WHEREAS, community members have repeatedly requested that an in-person Information Update Meeting be held, including during a recent delegation to Hamilton Council. THEREFORE, BE IT RESOLVED: That the Mayor and Council of the City of Hamilton formally request that the next Public Update Meeting for the GFL Stoney Creek Regional Facility, scheduled for December 14th 2023, be held in an in-person or hybrid format. Result: Motion

That the Rules of Order be waived to allow for the introduction of a motion respecting Funding to Support Community Group with User Fee for the Flamborough Santa Claus Parade. Result: Motion

That the Rules of Order be waived to allow for the introduction of a motion respecting the Format of the December 14, 2023 Public Update Meeting for the GFL Stoney Creek. Result: Motion

That the listing of Council Communication Updates from November 3, 2023 to November 16, 2023, be received. Result: Motion on the Council Communication Updates from November 3, 2023 to November 16, 2023

That the Closed Session Minutes dated November 8, 2023 be approved, as presented, and remain confidential. Council Minutes 23-021 November 22, 2023 Page 41 of 47 Result: Motion

That Council move into Closed Session to discuss Items 11.2 respecting Red Hill Valley Parkway Inquiry Update pursuant to Section 9.3, Sub-sections (e), (f), (i) and (k) of the City's Procedural By-law 21-021, as amended, and Section 239(2), Sub-sections (e), (f), (i) and (k) of the Ontario Municipal Act, 2001, as amended, as the subject matter pertains to litigation or potential litigation, including matters before administrative tribunals, affecting the City or a local board; the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons or organization; 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 direction to staff in Closed Session respecting the Red Hill Valley Parkway Inquiry Update, be approved; and (b) That the memorandum and presentation respecting the Red Hill Valley Parkway Inquiry Update, be received and remain confidential; and Result: Motion

That Bills No. 23-215 to No. 23-223; No. 23-224, As Amended; No. 23-225, As Amended; No. 23-226 to No. 23-229; No. 23-230, As Amended and No. 23-231, 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: 215 A By-law to Establish a Vacant Unit Tax Ward: City Wide 216 To Permanently Close and Sell a Portion of Kerr Street, Dundas, being Part of Kerr Street on Registered Plan D-16, in the City of Hamilton, Designated as Parts 1 and 2 on Plan 62R-6431, being Part of PIN 17481-0094(LT) Ward: 13 217 A By-law to Authorize the Undertaking of Climate Change Mitigation and Adaptation Works on Private Residential Property as Local Improvements Under the Better Homes Hamilton Program Ward: City Wide Council Minutes 23-021 November 22, 2023 Page 43 of 47 218 To Adopt Official Plan Amendment No. 195 to the Urban Hamilton Official Plan Respecting 2080 Rymal Road (Glanbrook) Ward: 11 219 To Amend Zoning By-law No. 05-200 with Respect to Lands Located at 2080 Rymal Road East, Glanbrook ZAC-20-015 UHOPA-20-011 Ward: 11 220 To Amend Zoning By-law No. 464 (Glanbrook) Respecting Lands Located at 2080 Rymal Road East ZAC-20-015 UHOPA-20-011 Ward: 11 221 To Amend Zoning By-law No. 464 (Glanbrook) Respecting Lands Located at 2800Library Lane and 2641 Regional Road 56 (Glanbrook) ZAC-23-022 Ward: 11 222 To Adopt Official Plan Amendment No. 196 to the Urban Hamilton Official Plan Respecting 3169 Flet

That, there being no further business, City Council be adjourned at 3:35 p.m. Result: Motion