Motions Approved 2021

Council Meeting: Request to Delay Submission of Growth Plan Conformity Official Plan
Amendment, Suspension of the Timetable for Municipal Conformity to the
Growth Plan and an Extension the Deadline for Growth Plan Conformity
(Item 11.1) March 31, 2021

WHEREAS, the Province of Ontario has mandated the City of Hamilton to
conduct a Municipal Comprehensive Review (MCR) of its Official Plan; whereby,
decisions must be made as to how all of the population and employment growth
is to be accommodated in the local municipalities for the years 2031 to 2051;
WHEREAS, since June 2019, the Province has amended a number of Provincial
Statutes and policies that impact how municipalities plan for growth including the
following:
• Provincial Policy Statement;
• A Place to Grow: The Growth Plan for the Greater Golden
Horseshoe;
• Development Charges Act;
• Planning Act,
• Environmental Assessment Act; and.
• Conservation Authorities Act;
WHEREAS, these significant Provincial changes include:
• reduced density targets in new greenfield development from 80
persons and jobs per hectare to 50 persons and jobs per hectare;
• reduced intensification targets from 60% beyond 2031 to 50%;
• setting minimum population and employment growth forecasts that
can be exceeded, subject to Provincial approval;
• extended the planning horizon from 2041 to the year 2051;
• introduced market demand as a consideration in determining the
housing mix; and,
• revisions to how municipalities fund growth;
WHEREAS, these Provincial changes signal an abrupt shift from the emphasis
on creating compact and complete communities to a planning regime that
facilitates lower density and car dependent communities;
WHEREAS, the City of Hamilton has declared a climate change emergency and
must consider the role of land use planning in their strategies to reduce their
greenhouse gas emissions;
WHEREAS, these Provincial changes create pressure to convert more class 1, 2
and 3 farmlands in Hamilton to urban uses than would otherwise be necessary,
which is contrary to Hamilton’s Official Plan;
WHEREAS, ensuring that Ontarians have access to healthy safe food in the
future requires thoughtful consideration of the long-term impact of converting
thousands of acres of prime agricultural lands in the Hamilton area to urban
uses;
WHEREAS, the change of the planning horizon to 2051, by the Province, means
that future municipal councils and the public will have little power to change
decisions where they will grow after 2031 to the 2051 planning horizon;
WHEREAS, in the rural areas, internet service is often poor or non-existent,
making it difficult for rural residents to engage in virtual public consultations;
WHEREAS, the City of Hamilton’s current timelines project an Official Plan
Amendment by January 2022, seven months before the current Provincial
Deadline of July 2022;
WHEREAS, the desired outcome of the City of Hamilton’s Strategic Plan, under
the Community Engagement and Participation Priority is…”Hamilton has an
open, transparent and accessible approach to City government that engages with
and empowers all citizens to be involved in their community.”;
WHEREAS, the current pandemic is making effective, in person public
consultation impossible at a time when robust, informed public consultation is
needed more than ever; and,
WHEREAS, the nature of work has evolved in response to the pandemic, which
may cause long-term changes to the assumptions underlying the province’s Land
Needs Assessment.
THEREFORE, BE IT RESOLVED:
(a) That the Mayor correspond with the Honourable Premier Doug Ford and
the Honourable Steve Clark, Minister of Municipal Affairs and Housing, to
request the Province allow the City of Hamilton to delay its submission of
its Growth Plan conformity Official Plan Amendment until proper, in
person, informed consultation with the public has been conducted on the
growth concepts and the preferred growth concepts;

(b) That the Province be requested to suspend the timetable for municipal
conformity to the Growth Plan to ensure that the public can fully participate
in the process of planning their communities for the growth planning
period covering 2031 to 2051;

(c) That the Province be requested to extend the deadline for Growth Plan
conformity in order to allow municipalities time to better understand and
reflect the impacts of COVID as it relates to real estate markets, housing
demand, commercial and office development impacts, and overall land
needs; and,

(d) That this resolution be copied to the Association of Municipalities of
Ontario, the leaders of the Provincial opposition parties, Hamilton’s
MPP’s, and the neighbouring municipalities.

Motion Passed Unanimously

Council Meeting: GRIDS 2 and Municipal Comprehensive Review – Final Land Needs
Assessment (PED17010(i)) (City Wide) (Item 8.1) March 31, 2021

(a) That staff be directed to conduct a city-wide mail consultation with a
survey on the Land Needs Assessment and the Municipal Comprehensive
Review that includes the Ambitious Density Scenario, a “no boundary
expansion” scenario, and that also allows residents to submit their own
alternative scenario, to be funded from the Tax Stabilization Reserve No.
110046 at an estimated amount of $35,000;

Severed at Council for vote: 13 Favour 2 Opposed

(b) That, with respect the mailout survey regarding the Land Needs
Assessment and the Municipal Comprehensive Review, staff be directed to:
(i) include a postage prepaid return envelope as part of the
mailout; and,
(ii) give residents 30 days to respond to the survey, respecting
the Land Needs Assessment and the Municipal Comprehensive Review;

(c) That staff be directed to compile the data from the Land Needs
Assessment and the Municipal Comprehensive Review survey and
provide an Information Report to be presented at a Special General Issues
Committee no later than October 2021;

(d) That staff be directed to prepare scenarios for where and how growth
would be accommodated under the Ambitious Density Scenario as well as
a “no boundary expansion” scenario, and to present these scenarios as
well as staff’s recommended land needs assessment, growth targets, and
preferred growth scenario at that same Special General Issues Committee
to be held no later than October 2021;

(e) That the GRIDS 2 / MCR process and the development and evaluation of
scenarios consider phasing options that would ensure that any future
urban boundary expansions are controlled and phased, including
consideration of options for identifying growth needs beyond 2041 without
formally designating the land as urban at this time; and,

(f) That at the conclusion of GRIDS 2 / MCR and the final approval of the
implementing Official Plan Amendments identifying the land need to
accommodate growth to 2051, staff prepare a report for Council with
respect to the necessary steps for recommending to the Province that any
remaining Community Area Whitebelt lands be added to the Greenbelt.

Remaining Motion Passed 15 Favour No Opposed

Municipal By-Law to Prohibit Off-Road Vehicles on Highways Within the City of Hamilton

Sept 16, 2020 Council: (Clark/Johnson)

WHEREAS there has been an increase of off-road vehicles, specifically ATVs on municipal highways creating safety issues for the community;
WHEREAS there has been an increase of off-road vehicles driving on private property resulting in property damage;
WHEREAS Bill 107, Getting Ontario Moving Act (Transportation Statue Law Amendment), 2019 made amendments to the Highway Traffic Act, respecting road safety and other matters;
WHEREAS one the of amendments to the Highway Traffic Act through, Bill 107 allows for municipalities to pass a by-law to prohibiting the operation of off-road vehicles on highways within the municipality.
THEREFORE BE IT RESOLVED:
That Licensing and Bylaw Services and Legal staff be directed to draft a municipal bylaw to prohibit off-road vehicles on highways and on public lands within the City of Hamilton, including the exemption for husbandry use for normal farming operations and have staff explore the option of a prohibition of off-road vehicles driving on private property without permission.

Result: Motion CARRIED by a vote of 16 to 0, as follows:

YES – Ward 1 Councillor Maureen Wilson YES – Ward 2 Councillor Jason Farr YES – Ward 3 Councillor Nrinder Nann YES – Ward 4 Councillor Sam Merulla YES – Ward 5 Councillor Chad Collins YES – Ward 6 Councillor Tom Jackson YES – Ward 7 Councillor Esther Pauls YES – Ward 8 Councillor John-Paul Danko YES – Mayor Fred Eisenberger YES – Ward 15 Councillor Judi Partridge YES – Ward 14 Councillor Terry Whitehead YES – Ward 13 Councillor Arlene VanderBeek YES – Ward 12 Councillor Lloyd Ferguson YES – Deputy Mayor – Ward 11 Councillor Brenda Johnson YES – Ward 10 Councillor Maria Pearson YES – Ward 9 Councillor Brad Clark

Residential Care Facility (RCF) Complaint Liaison

Residential Care Facility (RCF) Complaint Liaison (Added Item 10.2)
(Clark/Jackson) Approved June 19, 2020
(a) That a position of Residential Care Facility (RCF) Complaint Liaison be assigned within the Healthy and Safe Communities Department to receive complaints, concerns or questions about the services and care provided to residents in Hamilton’s licensed RCFs;
(b) This position will receive complaints, concerns or questions from:
(i) individual residents;
(ii) Anyone acting on behalf of a resident, including, roommates, peers, self-advocates, friends and family members of individual residents;
(iii) Residential home staff, service coordinators, medical providers, hospitals, social service organizations and paraprofessionals regarding a resident(s) issue;
(c) The position will report to the General Manager of the Healthy and Safe Communities Department;
(d) All complaints will be received at no cost;
(e) Complaints will be treated as confidential, unless required otherwise by legislation, including being to be released to the public under MFIPPA, or PHIPPPA or to another agency for investigation;
(f) Generally, the process for addressing a complaint or concern will involve:
(i) A review of the complaint to determine which agency or city department is responsible for investigation;
(ii) If the complaint is determined to be one which can be investigated by the City or another agency, the complaint will be forwarded to the appropriate group for investigation.
(iii) Complaints will be handled as quickly as possible. It is anticipated that some complaints can be resolved within a matter of days. Other complaints may take longer if they are complex;
(g) That Staff be directed to report back on the recommended accountability standards, service levels and process requirements for the various types of complaints that can be addressed by the RCF Liaison position, including details regarding:
(i) How the facility will be told that there is a complaint and given an opportunity to correct the situation.
(ii) If the investigation reveals non-compliance, how the facility will be required to correct the situation and ensure future compliance and how the public will be notified;
(iii) How the Complainant will be provided with follow up information regarding the outcome of the investigation;
(h) The General Manager of the Healthy and Safe Communities Department will report quarterly a summary of the complaints received, and the status of the complaints;
(i) This position will be in place until June 30, 2021 or such time as Council decides on a more permanent structure for this role based on the RCF modernization project and the Outstanding Business List item regarding the RCF tenant advocate role; and,
(j) RCF licensed by the City of Hamilton will be required to post, in a prominent location accessible to residents and their relatives, the contact information for the RCF Complaint Liaison.

Feasibility of Developing a Hamilton Biodiversity Action Plan

WHEREAS, the scientific consensus is that habitat loss and climate change together have triggered mass extinction of life on earth and that 60% of all wildlife worldwide has been lost since 1970;

WHEREAS, increasing and/or enhancing biodiversity within ecosystems benefits all species, including humans, and provides ecological services such as pollination services, climate resiliency and stability, as well as providing beautiful green spaces that support the wellbeing and mental health of individuals and communities;

WHEREAS, enhancing biodiversity is a “nature-based solution” to climate impacts, such as managing flooding by storing water, significantly reducing air pollution by sequestering carbon, filtering out harmful particulates, and cooling, thereby reducing the harmful effects of heatwaves and increasing the quality and resilience of infrastructure at lower costs and reduced risk;

WHEREAS, cities have a critical role to play in the biodiversity crisis and the climate change crisis and a Biodiversity Action Plan for Hamilton will help the City of Hamilton and conservation partners to protect and restore Hamilton’s biodiversity;

WHEREAS, Hamilton is addressing the climate crisis with the Climate Change Task Force and a Biodiversity Action Plan can help to mitigate the climate crisis with nature-based solutions to help address serious issues like storm water management and temperature amelioration and reduction of urban heat island. The Biodiversity Action Plan will complement the Climate Change Task Force workplan;

WHEREAS, the development of the Biodiversity Action Plan will foster environmental awareness and sustainability and increase interactions and engagement among community stewards;

WHEREAS, the Biodiversity Action Plan allows the City of Hamilton to highlight and align initiatives already in place and further engage local communities in an environment of creativity and innovation which will promote a healthier life for our community;

WHEREAS, many other municipalities have developed Biodiversity Strategies that can be used as resources for Hamilton (ex. Toronto, Calgary, Edmonton, Vancouver);

THEREFORE BE IT RESOLVED That the appropriate staff be requested to investigate the feasibility and resources required to develop a Biodiversity Action Plan for Hamilton in collaboration with the conservation.

Special acknowledgement to Ms. Jen Baker of Hamilton Naturalists’ Club and Environment Hamilton for her guidance and assistance in drafting the motion.

Motion was presented at GIC on my behalf by Councillor Jason Farr and Carried Unanimously at Council February 2020

Protection of Solicitor-Client Privilege by Separating Legal Advice from all Confidential Staff Reports and Recommendations (Item 11.2)

(Clark/Pearson) WHEREAS, the Solicitor-Client privilege is a legal concept that enables the client to entrust with their lawyers confidential and private information and enables their lawyer to provide unfettered and confidential advice to their client;

WHEREAS, the Supreme Court of Canada has called Solicitor-Client Privilege, “a principal of fundamental justice and civil right of supreme importance in Canadian law.” (Lavallee, Rackel & Heintz v. Canada (Attorney General); White, Ottenheimer & Baker v. Canada (Attorney General); R. v. Fink, [2002] 3 S.C.R. 209, 2002 SCC 61);

WHEREAS, the Solicitor-client privilege is solely the clients’ and as such only the client can voluntarily waive the privilege;

WHEREAS, it has been past practice of Hamilton’s Senior Leadership Team to provide confidential staff reports that are a hybrid of staff information, recommendations and legal advice;

WHEREAS, concerns have been expressed that any public release of such reports could mean a waiver of Solicitor-Client privilege;

THEREFORE, BE IT RESOLVED:

(a) That the City Manager and City Solicitor be directed to implement report guidelines, by March 31, 2020, requiring the separation of any legal advice from all confidential staff reports, with any such legal advice to be provided as an appendix to be attached to the corresponding confidential staff report.

(b) That should an exception occur, when the legal advice and a staff report are not separated, staff be directed to provide an explanation as to why.

Motion Carried Unanimously February 2020

Recording of In-camera Meetings

Recording of In Camera Sessions (Referred from the January 22, 2020 Meeting of Council) (Item 11.2) WHEREAS the Ontario Ombudsman recommends that all municipalities make audio recordings or video recordings of all meetings – both open and closed – to ensure a thorough record;

WHEREAS there are now 23 Ontario municipalities that have implemented either audio or audiovisual recordings of their closed meetings;

WHEREAS an audio or audiovisual recording of in-camera meetings provides a clear and accessible record for closed meeting investigators to review;

WHEREAS such recordings of closed meetings will assist the municipality in quickly demonstrating that Council and staff did not stray from the legislated requirements during closed meetings; and,

WHEREAS such recordings of closed meetings will provide a complete record to be used by the municipality and/or Councillors for future references as needed;

THEREFORE, BE IT RESOLVED:

That the City Manager be directed to report back to the Governance Review SubCommittee within 90 days on the costs and policies to implement an audio recording system to be utilized for the recording of in-camera meetings; and the ways and means for the City Clerk to archive and protect such records.

Motion Carried Unanimously February 2020

Metrolinx Transit Program Initiative Review

WHEREAS, the City of Hamilton has experienced extraordinary price increases for new buses while participating through the Transit Program Initiative, a program of Metrolinx; and,

WHEREAS, the City’s transit strategy calls for an expansion of the transit fleet in support of the BLAST network;

THEREFORE, BE IT RESOLVED:

That staff be directed to report back to the Audit, Finance & Administration Committee on the quantitative and qualitative benefits, as well as deficiencies/short-comings of participating in the Transit Program Initiative. 

Motion Carried Unanimously August 2019

AMEND NUISANCE BY-LAW NO. 09-110 Cannabis Grow Ops

WHEREAS the City of Hamilton has experienced increased nuisance complaints about properties growing cannabis for the purpose of personal use as authorized by Health Canada;

WHEREAS section 128 of the Municipal Act, 2001, S.O. 2001, provides that a local municipality may prohibit and regulate with respect to public nuisances, including matters that in the opinion of Council are or could become public nuisances;

WHEREAS pursuant to section 129 of the Act a municipality may prohibit and regulate with respect to noise, vibration, odour, dust and outdoor illumination, including indoor lighting that can be seen outdoors;

WHEREAS, Cannabis growing operations that are not regulated as Licensed Producers by Health Canada are creating significant public nuisances in relation to odour and outdoor light illuminations; and,

WHEREAS, the City of Hamilton By-law No. 09-110, being a By-law to prohibit and regulates certain public nuisance did not previously consider public nuisance created by cannabis growing operations;

THEREFORE BE IT RESOLVED

That the Director of Licensing and By-law Services be directed to bring and amending By-law to the current City of Hamilton By-law No. 09-110 to include the violations of; cause or permit any public nuisance; cause or permit any activity on one property which are obnoxious or which substantially reduce the enjoyment of another property, including without limiting the generality of activities such as the creation of vibration or the emission of smoke, dust, airborne particulate matter or objectionable odour and light that is broadcasted directly from one property onto another property.

Motion Carried Unanimously June 2019

Timely Notice of Any Discharges of Untreated or Partially Treated Sewerage into Hamilton Harbour from Local Municipal Sewerage Treatment Plants (Clark/Farr)

Annual Report on Watermain Breaks
(Clark/Jackson)
That staff be directed to provide the Public Works Committee with an annual report on watermain breaks, the total number, cause and cost of each break, as well as the distance of water mains relined with total cost and overall report on sustainability.
Result: Motion CARRIED by a vote of 15 to 0

Policy or Protocol to Guarantee the Sharing of Consultants’ Reports with Council when there are Risks to Human Health and Safety
(Clark/Merulla) Source: (Council Minutes 19-003 February 13 & 14, 2019)
(a) That City Staff be directed to prepare a policy or protocol that directs City Staff to share any consultants’ reports, documents, memorandums or correspondence that raises any questions, concerns about any current or future risk to human health and safety;
(b) That the Council approved policy be appended to the City Staff Code of Conduct and to all employment contracts for the City Manager, Directors, and General Managers; and
(c) That the City Manager shall make all consultant reports, documents, memorandums, correspondence or background studies available for review upon request in writing by the Mayor or City Councillors

Result: Motion CARRIED by a vote of 14 to 0

Protocol or Policy Setting Out Clear Guidelines, Expectations, Responsibilities and Obligations for City Staff When Responding to the Inquiries from the City’s Auditor General
(Clark/Merulla) Source: (Council Minutes 19-003 February 13 & 14, 2019)
(a) That City Staff in consultation with the City of Hamilton Auditor General, be directed to develop a protocol or policy setting out clear guidelines, expectations, responsibilities and obligations for city staff when responding to inquiries from the City of Hamilton Auditor General; and
(b) That the Council approved policy be appended to the City Staff Code of Conduct and to all employment contracts for the City Manager, Directors, and General Managers.

Result: Motion CARRIED by a vote of 16 to 0

Judicial Investigation respecting the Non-disclosure of Engineering Safety Report on Red Hill Valley Parkways

(Clark/Merulla) March 20, 2019

Main Motion, as amended reads as follows:

(a) That the City’s outside legal counsel, in consultation with the Acting City Manager, be directed to prepare the necessary documents to file an application before the Superior Court to initiate a Judicial Investigation, pursuant to Ontario Municipal Act, 2001, as amended, Section 274.1.a & b, (Investigation by a Judge), and the Public Inquires Act, Section 33, (Public Inquiries); and,

(b) That the scope of the Judicial Investigation could include, but not be limited to, the following questions and be referred to outside legal counsel for review and a report back to the General Issues Committee:

(i) Who received, was briefed or was advised on the existence of the November 20th, 2013 Tradewind Scientific Friction Testing Survey

(ii) Who was the individual or individuals, who decided not to disclose the document in 2013;

(iii) What was the rationale for not disclosing the document in 2013;

(iv) Who received a copy, was briefed or was informed about the existence of the document in 2018;

(v) What was the rationale for not disclosing the document in September 2018;

(vi) Did the document provide sufficient cause to make safety changes to the roads, or provide cause for further study;

(vii) What role, if any, did the non-disclosure of the document play in the increase in accidents, injuries or fatalities on the roads;

(viii) Did anyone in the Public Works Office or Roads Department request, direct or conduct any other friction test, asphalt assessment, or general road safety reviews or assessments on the roads;

(ix) Did subsequent consultant reports provide additional support or rebuttal to the document’s conclusions;

(x) Did the Ministry of Transportation’s (MTO) recently revealed friction tests provide additional support or rebuttals to the document’s conclusions;

(xi) What was the rationale for the Ministry of Transportation to not disclose their findings from the city and the public;

(xii) Who was briefed within the Ministry or the Minister’s Office about the findings of the MTO’s friction tests;

(xiii) Did the MTO friction test provide sufficient cause to make safety changes to the roads, or provide cause for further study;

(xiv) What role, if any, did the non-disclosure of the MTO friction tests play in the increase in accidents, injuries or fatalities on the roads;

(xv) Did the MTO conduct any other road assessment, friction tests, or general safety reviews or assessments on the roads;

(xvi) Was there any malfeasance, wrong doing or misconduct by any person or persons in relations to their role in the non-disclosure of the document;

(xvii) Review and make recommendations to improve City policy and procedures to prevent such future incidents;

(xviii) What is the standard in Ontario for friction;

(xix) Are results for friction for highways across the Province available;

(xx) Is speed, traffic weaving and lighting as big an issue as the friction tests;

Result: Main Motion, AS AMENDED, CARRIED by a vote of 14 to 2

Canada Day Community Fireworks Display by Kingsview Church (Clark/Pearson) Source: Council Minutes June 12, 2019 Page 45 of 54

WHEREAS, the Kingsview Community Church supports the Stoney Creek community; and,

WHEREAS, to celebrate Canada Day for the community on location.

THEREFORE, be it resolved:

(a) That the funding for the following initiative, to be financed from the Terrapure Reserve Account (#117036), be approved:

• That $5,000 be provided to Kingsview Church, as a one-time funding for their Canada Day Community celebration fireworks display, at the Kingsview Church.

(b) That the Mayor and 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 CARRIED by a vote of 15 to 0

Motion to Seek Injunctive Relief Banning Individuals Inciting Hate or Violence Against Identifiable Groups from Future Protests on any Municipally Owned Property or Facility

(Clark/Nann) Source: Council Minutes June 26, 2019

WHEREAS, the City of Hamilton supports freedom of expression and encourages civic engagement including public protests; WHEREAS, the City Hall forecourt continues to be made available as a space for protests to take place with no rental fee;

WHEREAS, the City of Hamilton condemns all forms of racism, bigotry, discrimination, hatred and violence;

WHEREAS, the right to freedom of expression is not absolute and it is a criminal act to disseminate hatred or to incite violence; and,

WHEREAS, individuals have been regularly protesting in the City Hall forecourt and are alleged to have been inciting violence and alleged to have been spreading hatred to identifiable minority communities;

THEREFORE, BE IT RESOLVED:

That City Staff be directed to gather evidence of inciting violence and/or hatred against an identifiable group and prepare an application for a court injunction preventing these individuals from future protests on any municipally owned property or facility.

Result: Motion CARRIED by a vote of 15 to 0

Valley Park Tennis Courts Wind Barriers (Ward 9)

(Clark/Jackson) Source: Emergency Community Services Committee Minutes August 15, 2019

WHEREAS, the 4 tennis courts located in Valley Park provide outdoor recreation opportunities for the residents of Upper Stoney Creek; and

WHEREAS, the community has requested that the City of Hamilton install wind screens on the fencing surrounding the tennis courts; and

WHEREAS, wind screens protect the courts from deteriorating and provide a better court atmosphere to play tennis;

THEREFORE, BE IT RESOLVED:

(a) That the purchase and installation of the wind screens for the Valley Park Tennis Courts in the amount of $ 4000.00 be funded from the Ward 9 Area Rating Reserve (108059) account.

(b) That the Mayor and City Clerk be authorized and directed to execute any required agreement(s) and ancillary documents in relation to funding the Valley Park Tennis Courts, with such terms and conditions in a form satisfactory to the City Solicitor.

Result: Motion CARRIED by a vote of 5 to 0

Result: Council August 16, 2019 Motion CARRIED by a vote of 12 to 0