e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e test test council meeting September 11th 2024 e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e live I believe so we're going to get started uh I want to start by welcoming every one here we have a number of folks joining us in the gallery we have our senior staff of course and our media folks and so it's really great to see everybody uh here with us today uh we have almost all of our council members around the table uh councelor Jackson councelor mcmein councelor Wang councelor Nan councelor spora councelor Wilson councelor Francis councelor tatterson counselor Bey counselor Paul's councelor casar councelor cret councelor Clark and councelor Wilson and at this point I don't believe we have any uh folks joining us yet uh online other than uh support staff uh and others so thanks everyone for being here uh clerk trenum could you please confirm that Quorum is present uh Quorum is present Madame mayor uh that's really great so as we have Quorum present I'd like to call the meeting of council city council to order uh please if you all are able uh to uh stand for the naal national anthem now would be the time to do so thank you [Music] all can our home and native land true P love in all with glowing Hearts see the rise the true Lord strong and free from wide we stand on God for the God keep land glor and free oh can now we stand on God for thee oh we stand on [Music] for thanks everyone please be seated the city of Hamilton is situated upon the traditional territories of the Erie neutral hon wend hodon and Miss sagas this this land is covered by the dish with one spoon W pomel Covenant which was an agreement between the honi and Anish to share and care for the resources around the Great Lakes We further acknowledge that this land is covered by the Between the Lakes purchase 1792 between the crown and the missas of the Credit First Nation today the city of Hamilton is home to many indigenous people from across Turtle Island North America and we recognize that we must do more to learn about the rich history of this land so that we can better understand our roles as residents neighbors partners and caretakers uh members are reminded that all electronic devices are to be switched to a non-audible function uh during our Council meetings uh so we'll get right to it with the approval of the agenda clerk Tren trenum are there any changes to the agenda uh yes may Horvath there is one added Communications item number 5.15 correspondence from Cassandra Myers owner of the uh hegler flea market there are two added notices of motion uh item 8.1 8.2 amendment to item three of the Public Works committee report and temporary stop controls on Barton Street and I believe there was was one more Janet we received one more in writing this morning as well yes yep and one additional one so we'll have an 8.3 um there's also one added private confidential matter appointment to Committee of adjustment and one added Bill to amend bylaw number 2436 that's item one okay thanks very much may I have a motion then to approve the agenda as amended move by councelor Paul seconded by councelor cret uh can we have the vote up please unless there are any speakers to this seeing [Music] none and that carries 15 to Z thanks very much uh Declarations of Interest members of council are there any Declarations of Interest any declarations okay seeing none then we'll go on to uh approval of the minutes because there are no ceremonial activities so approval of the minutes of previous meeting August 16 2024 I have a motion to approve the minutes of the August 16 2024 meeting as presented moved by councelor spora seconded by councelor MC me any discussion on those minutes folks seeing none we'll go to the vote then and that carries 15 to Zero thanks very much Ron to Communications councelor Pauls may I have a motion on the communications items please oh yes uh it's uh moved by myself and second by counselor Bey that uh we go into communication right okay so the communications are on the floor um as per Mike Loo's request I'll read their letter item 5.7 on today's Council agenda which marks the 82nd anniversary of the tragic the up raade of August 19th 1942 on August 19th 2024 we marked the 82nd anniversary of the tragic raid on deep France a sad and somber day in the Canadian his in Canadian history and for the city of Hamilton a raid That was supposed to test the German defenses for a Seaborn landing and to give the Canadian troops in Britain a crack at the Nazis The Raid was poorly planned lacked heavy Naval bombardment and lost the element of surprise the results were catastrophic close to a th000 Canadians killed the Royal Hamilton light infantry took Grievous losses 200 killed and 300 taken prisoners Hamilton was a city in mourning a controversial raid and an and operation to this date they say Lessons Learned at dap saved many lives on D-Day so today we should pause and think of those men many from Hamilton who stormed the Deep beaches that morning knowing that they may not survive the day lest we forget Mike loo Stony Creek thank you Mike for uh providing this important reminder for all of us to to take pause and reflect on what happened all those years ago uh I would ask if there are any other uh comments our speakers uh on the uh corespondence issues uh we have uh councelor Wang please on 5.8 thank you um mayor I just wanted to draw council's attention to 5.8 5.8 is a correspondence from the Whitewater region renre County um and they ask about they ask the minister to look at a mental health facility and I bring this up is because again and it's to no one's surprise mental health is an absolute endemic pandemic and it is something that not only are we um struggling with this challenge but even smaller communities like Whitewater region is also suffering from this so I just wanted to just draw council's attention to that that this is not just a Hamilton specific issue this is an Ontario Canada International challenge thank you mayor uh thank you councelor Wang I don't see any further uh speakers I think uh councelor Paul's is 58 as well I had uh I was interested I was uh wonder if it not only to receive it we should adopt it and endorse it because I was wondering city of family should be making a similar request to the province uh I I know that uh a personal friend of mine has a daughter she can't get in uh six months a year for uh uh these places where they could get help and I I'm involved quite a bit with Wayside as well there I think we just have one place here in Hamilton people have to wait a long time and uh there's not enough place and they have to travel to get help so I think we should not only receive it we should endorse it and maybe do a similar request for the province uh to get these treatments of places uh okay so we now then have a a motion to uh or a request to change the direction of this correspondence to a a opposed to receive to an endorsement the letter doesn't really ask for an endorsement but I do understand where the council is coming from and uh I just want to have a look around the table if folks are okay with changing that recommendation to an Endor as opposed to uh a receipt that's okay with folks I don't think we need a formal motion clerk trenum on that all right then we'll uh we'll endorse that request uh rrw County as you know is made up of many smaller communities and so again it highlights I think what counselor Wang uh was uh was bringing to the uh the table in terms of the discussion so thanks very much uh counselor tedison please hi just on 5.11 okay um it's from the Min a letter from the ministry of children community services community and Social Services Minister parsa um basically what this uh correspondent says is they've adopted new digital tools and automated data verification that makes it easier for clients to um have an online application for ow and the Ontario Disability Support Program program it allows people to confirm their identity sign their application and check their status online Pro new process saves 74 minutes per um visit and also it um saves $14 million uh in administration fees so I just wanted to highlight that thank you uh thanks councelor tedison counselor uh Francis please thanks mayor horbath so the other day I received a call from uh one of my residents who is the owner of uh hagler's flea market and and uh councelor Wang's Ward and Ward 4 um Barton Street there um you know it's it's in here I'm not going to uh relive that people can can read the horrifying situation um this resident wanted this on the agenda and highlighted for council's attention it was an absolutely terrifying situation and my my heart goes out to the victims that uh suffer through this and my sympathies go out to them and just want people to know I'm fully committed to uh the growing and serious crimes in our city and this violence cannot continue thank you uh thanks councelor Francis I I think hamiltonians would agree there's some challenging times that we're facing um okay then I don't see any further speakers on the correspondents uh so we will go back to the um motion that's on the table for the correspondence and that was moved by councelor Paul in second councelor Bey could we please have that vote up yep we have councel Dano joined us as well good morning councelor Dano that carries uh 16 to Zero thanks very much we're now going to move into committee the whole uh councel Paul may I have a motion to move into committee a hall please thank you mayor and it's moved by myself and second by councelor Bey that the council move into Committee of the whole for consideration of the committee reports thank you can we have that vot up please and that carries 16 to Z as well so we're now on to committee report 6.1 is selection committee for agencies boards and subcommittees Report 24-7 August 15 2024 councelor casar may I please have a motion to receive an appr the recommendations within the selection committee report of course merits moved by Me seconded by Vice chair of that committee councelor Mark tatterson that the selection committee for agencies boards and subcommittees Report 24-7 held on Thursday August 15 2024 be received and the recommendations contained therein be approved okay uh thanks very much uh are there any items within the report that members would like to speak to amend or have voted on separately I believe excuse me that the clerks have the list uh uh going I don't see anything on my screen uh seeing none then uh we'll go directly to the um the vote on that committee report and that carries 16 to Zero thanks very much we're on to 6.2 Public Works committee report 24-11 September 3rd 2024 councelor spatap for May I please have a motion to receive and approve the recommendations within the Public Works committee report thank you mayor it's moved by myself second white counselor Nan that the Public Works committee report 24-11 being the meeting held on Tuesday September 3rd 2024 be received and the recommendation contain therein be approved uh thanks very much uh been moved and seconded I don't see anybody on the list as yet uh councelor Jackson please go ahead thank you mayor Horvath good morning um item8 um installation of traffic calming measures on D Garen Street uh the petition organizer Mr Roco baglia would not believe it unless I read it this morning for public consumption that uh committee has recommended unanimously hopefully ratified today that two speed cushions will be installed on Garen 89% of the residents fronting on that street from Dyson to Eleanor uh Avenue uh supported the petition request and the always stop to come at Dyson and dgar as well and I'm going to use this as an opportunity to thank a very Progressive proactive measure by director uh Carolyn ryall as you may recall mayor Horvath up to now if members of council uh were able to secure uh support for Speed cushions at this body had to wait either for a spring or fall session to have them installed and if you missed one or the other then you better get in line for the following year and often it led to frustration and some angst amongst the community who desperately wanted uh traffic calming measures like speed cushions installed in their streets and often had to wait up to a year if you me if you miss the fall and spring uh installation construction session through director ryall's initiative now as they get approved starting January 1 they will be installed as they are improved and I'm really grateful for that and that will speed up the process and most importantly get um traffic safety measures uh constructed uh much sooner than later in our community where neighborhoods desperately want them thanks mayor Horvath uh thank you councelor Jackson I don't see any further speakers on the list so we'll then uh go to the vote on the Public Works committee report moved by councelor spora and seced by councelor Nan that carries 16 to Zero thanks very much we're now to 6.3 the city of Hamilton lobbyist registers report regarding citation inquiry regram Cubit dgb d lri i- 2 202 24-1 dated September 3rd 2024 may I please have a motion to receive the city of Hamilton lobbyist registar report regarding citation uh inquiry regram Cubit dgb lri 20241 dated September 3rd 2024 motion moved by councelor Paul seconded by councelor casar um any discussion on this item folks uh councelor Clark please go ahead uh yes may is Mr beian present today uh he is he is not present oh yes he is present yes he is uh he is present did you have a a question of yes please okay can you uh please uh put it um I've not received one of these reports before on lobbying um is this the practice that we are going to entertain now if there are concerns about businesses uh not registering as lobbyist this is how it will work um the Integrity commissioner can respond but I do want to let folks know that we are going to be having a session uh with the Integrity commissioner uh for counselors uh and uh uh and folks that's outside of any particular issue so that we can talk about you know how things uh will proceed with the new Integrity commissioner if that I thought that might be something helpful for Council Members let me that thank you that will be very help ful and so let me change my question um a few of us have been pondering about not for profits did they always have to register as lobbyists Integrity commissioner bosan uh yes there's a whole section in my report where we analyze uh whether the uh lobbyist registry bylaw applies to not for profits we conclude that they it does uh it's it's implicit in the in the very wording of the bylaw itself uh that certain not for profits or in certain circumstances not for profits are excluded uh and implicitly from that uh where there isn't a specific exemption we concluded that not for profits are included uh as lobbyists and and needing to to Lobby uh needing to register if they're going to be engaged in lobbying of uh designated public office holders thank you um a follow-up question if I may um so the punishment the reprimand that has been decided upon by yourself uh for Mr Cubit is a 30-day um prohibition on lobbying is that correct that's correct the bylaw stipulates that for a first offense the penalty is up to 30day suspension given the fact that the lobbyist registry bylaw has been in forced for nine years uh and there's been a lack of registration by the individual for those throughout that nine-year period um we concluded that the maximum penalty should be applicable for the first offense so can I ask one last question and it's more of a hypothetical is it possible for an individual similar to this situation to be banned from lobbying for 30 days but actually end up getting a contract from the city of Hamilton for the lobbying that the individual took did Integrity commissioner I don't have any powers beyond the suspensions that are stipulated in the bylaw so I have no way of regulating the awarding the awarding of contracts or or the you know whatever benefits may may acre from the lobbying the illegal lobbying activity um so that's just something something outside of my jurisdiction and outside of my capability to redress so I guess I look to the mayor and sure and the council what process do we have in place to prohibit someone taking advantage of the fact that they didn't register as a lobbyist and they secure contracts during that time frame is there anything so we we do have a code of conduct uh that speaks to proper procedures and processes for uh members of council and for staff to undertake when making decisions about um contracts and other relationships other uh opportunities vendors those kinds of things uh I think both of these pieces are pieces uh both the Integrity Commissioners uh piece around um uh around lobbying and other things uh as well as code of conduct and procedural bylaw all we all need a Refresh on that so that we feel confident as a council that we understand uh and or amend when where we think necessary the the processes that we have in place to exactly address these kinds of perceived uh holes if you will uh and so I think that's a piece of work that uh that we need to do and I've uh I've let the city manager know as well as the city clerk uh that uh we'd like to have that happen as soon as possible so just and I I agree 100% with what you're saying um my question went more towards is there anything that we have in our bylaws that would prohibit the issuing of a contract to an individual or their company for lobbying that they under took while it was while they were not registered with the city of Hamilton so it seems that there's a um a a Gap a Gap a whole yeah yeah thank you mayor thank you councelor Clark I I don't know if there's anybody on the bench that might be able to respond uh city manager clucky uh if you could uh provide any response or or Jim zerck because of the finance uh piece through you Madame Mayor Mike scar general manager of finance Corporate Services I am not aware of any restrictions within a bylaw or a policy that would prohibit the city awarding a contract to an individual or organization that has been found lobing thank you councelor Clark can I just ask uh clerk trenum to um confirm that that we will be addressing some of these uh pieces uh in the in the short chairman yeah uh thank you Madame mayor so there has been this request and I know there may be a lot of questions that are more related to the bylaw or how the lobbyist registry works and our hope is to invite the Integrity commissioner to a very not so distant future meeting to provide an education session on that and allow you to ask those questions what I might recommend today as much as possible that debate and questions remain directly related to this report and and what it's getting to and we will do our best to ensure that you have access to the information that you need to answer the 10 gent questions related to this particular matter thanks cler trenum I appreciate that so uh we now have a further speakers list uh councilors Francis mcmein and Nan just so folks know uh what's uh coming up so councelor Francis please go ahead thanks mayor horbath and I'm obviously very appalled by some of the information that's been reveal in this report um clearly we need a bigger conversation about the lobbyist registry and I understand staff are working on that report to council um what currently U for public consumption we have an online form simple online form that takes all the five minutes to complete the register for those who are wondering um you know I would say based on the Integrity commissioner's findings I would imagine it would be in the best interest of the city to not award this project to Endwell uh the Optics are horrendous um if that were to happen in light of these findings um we'd be chargering into a green belt Scandal type of uh territory you know I understand that the design work for this project has occurred and explicitly outlined in Mr cubit's communication to the mayor and I'm going to quoted here to find a workaround in relation to defeat of the staff proposal to make available parking lots on Lake Avenue sou and Stony Creek end quote so my question to staff is given that the Integrity commissioner explicitly outlines the financial interest of Mr Cubit by way of his wife Emily receiving architectural work for her Services as a principle of envisage has the city of Hamilton through the procurement process paid envisage for their services regarding the Lake Avenue parking lots through you mayor uh so I don't know that that's uh what is before us at this point but uh I can certainly ask the clerk to confirm the question that was raised I I I believe that the Integrity commissioner's report uh is here before us to be received but uh I don't know that there we have the ability to kind of um um what's the word I'm looking for uh determine what's in it and how it's uh how it's being uh applied so perhaps I can look to the clerk for some clarification uh and Madame mayor I I might suggest that staff may not even have all of those answers ready at this time and what might be more relevant is to seek additional information from staff if if that's necessary but again I'll I'll just point to the fact that this report is here just for information um the Integrity commissioner is here to answer questions related directly to the report and staff may be able to speak to items in the report but we do just want to be careful about how far away from the report we get and that's the advice that I will provide okay thanks very much so I don't know if there are staff uh available in the um uh bench at the front bench that would like to address the issues that were raised by The Counselor through you um Madame mayor um if I could get the counselor to just uh repeat uh also s Chris Phillips the manager of the municipal Land Development Office if I could get the counselor just to repeat again what he's looking for yeah no problem um through you mayor my question to staff given that the Integrity commissioner explicitly outlines the financial interest of Mr Cubit by way of his wife Emily receiving architectural work for services as principal design uh principal of envisage Architects has the city of Hamilton through its procurement process paid in Visage for services directly related to Lake Avenue parking lots through you Madame mayor um my uh my team is called the municipal Land Development Office part of our team's work is to do pre-development work as it relates to identified City sites for affordable housing the Lake Avenue properties are identified as two of the six sites that our team worked on um as part of our work uh we did uh retain and Visage Architects through the city's roster program to provide conceptual designs uh for development on several of these sites including Lake Avenue property although invisage uh and in indwell often collaborate on projects and Designs is important to understand that they they were not collaborating in this particular context City staff uh worked with en Visage directly to come up with the conceptual designs that reflected a broader approach um to affordable housing and conceptual designs on those sites thank you so in short yes and to summarize it appears the mayor met or communicated with the husband of the architect who subsequently received financial compensation after using strong mayor powers to push this project through so uh can I just stop you for a minute there I'm going to have to give up the chair so the uh the uh Deputy Mayor is going to have to Yes uh take over the chair and I'm gonna raise a point of order frankly on this I find it um you know very disturbing that my um Integrity is being imped by this particular member of council I think it's inappropriate and I think he is taking information pulling it out of a report and using it to accuse me of behaving in an untar manner when it comes to my professional responsibility as the mayor of this city and I do not accept that so I would ask this point of order to be um um uh dealt with by the deputy mayor okay uh so councelor Francis um that we do not want to accuse anybody we're we're talking about this Integrity commissioner we're going to learn more about it and you publicly uh publicly retract retracted and apologize okay can I let me allow me to clarify chair I said it appears well if it appears in my opinion when you say it appears the focus is on our mayor and I want you to retract it and I want you to apologize let me say this I've got the floor counselor n thank you I understand this is the Optics of this are not great that was the point that I was getting at point but I I'm I'm I'm retracting my let me I'm getting to that get to it councelor councelor Francis please I I retract my statement okay thank you I the point that I was trying and apologize please and I said apologize mayor I want you to retract it apologize and if you don't uh you must leave okay I I I retract my statement and I apologize the point allow me to continue please do I have the floor you do have the floor but once you apologize and retract it I think uh it's end up conversation oh oh I'm not done what what I I want to say I still have the floor I still have five minutes so you do have the floor but once you have apologized and retracted the statement I give you Council to be careful of your words thank you the point that I'm trying to make overall here is this Integrity commission report as a whole does not look good it requires further investigation and I'm not going that's all the if I was allowed to say my entire speech without being interrupted point of order the mayor has the right to do that I understand that's okay she she's she's taken her I was getting to the point of this the point of this is there are still way more questions than answers this deserves further investigation I will be bringing a notice of motion later in this agenda to accomplish that and you know I don't think it's too late to do the right thing I don't think it's too counselor you're still uh accusing by saying that statement please I just want to say that the mayor did make it clear that we're going to have a meeting with Integrity commissioner get all the facts out talk about because we have a lot of learning to do so you already apologize you already uh retracted your statement don't go deeper into what you want to say because it points the fingers back at our mayor and I will not allow that I'm okay I'm going to point to something real quick here and this is in according to strong mayor's Building Homes act 2022 point of order we you already Apologize by saying about the strong ordered by the mayor I do not want want to hear it again please retract that again and apologize again and if not we will have to have you listen I I'm trying to clarify the point that I'm trying when I say I'm bringing notice of motion I'm trying to clarify that point for you I'll retract that that's fine I'm just telling you you're you're you're everyone's wondering why I'm saying I'm bringing this up I'm I'm referencing something that's in an act I I retract that I'll I'll speak about it and notice as a motion then okay if you want it I will leave it I will leave it at that we that and then think about what you want to do at the notice of motion problem and then okay thank you uh mayor um sorry about that no it's you know you can't apologize for other people's behavior I'll take the chair back take theair than you very much uh the next speaker on the list is uh councelor mcmein and then councelor Nan councelor MCM please go ahead thanks uh your worship I I don't know all of the details um because these things t to be sprung on us and then we we kind of sort it try to sort it out and that's that's tricky but but I I just want to say that I I don't know how many Charities have registered uh on on the registry I suspect not very many and I just want to point out that we have heard from Mr Cubit and the Hamilton his home people at our request many times uh have have have we been breaking our own uh uh Integrity uh reference I I phone U numerous Charities uh as as part of my uh and others it's part of my responsibility as a counselor to find out what the hell is going on in the city you know so um well I don't know where this ends uh you know do we uh do we have to get some lawyer to clear um um in advance that I want to phone somebody who knows something more than I know about housing to uh uh get some further understanding of where we're going um uh you know should we be thinking in terms of uh uh because there are some bylaw Provisions that I would argue if I had the time to do a a little bit more research actually cover this situation off it should not have been uh tackled this way but uh I I'm of the opinion that uh we should be really care careful not to tie our hands when it comes to seeking advice uh from constituents um and I see everyone in this city as my constituent and so I I I'm I'm inclined I don't know what what could happen here I'm glad we're going to have a meeting to talk about it but I think this is a bizarre situation I think Charities specifically not for profit Charities who by definition are not for profit should be Exempted from the uh from um and in the bylaw so that the Integrity commissioner U God blessed is doing just doing his job as he perceives it uh can have some further guidance so um those are my comments I I'm I really see what what is happening here given our long history we're partners with indwell Hon this home um all the time that's that's part of our road map that's part of our NGO partnership response for goodness sakes and uh you know now if uh there's some conversation that happens I'm not party to directly what that was um you know is this going to happen if I if I call Brother Richard is this going to happen if I call the Kanas uh Club to see how things are on the East End is this going to happen uh um you you name it with the Terry Fox group for example I where does it end anyhow those are those are my comments I'm glad we're going to have a meeting and I want to Ed so this is cleaned up thanks uh thanks very much councelor MCM councelor Nan please thank you through you mayor and appreciating your opening comments about an opportunity for Council to have a one-on-one and review uh some of these policy pieces but I do have a question for our integrity commissioner if you could um please in the context of this report um I tried to find the the Nuance but I couldn't um can you help me understand the difference from your perspective of partnership good faith collaboration and lobbying as it relates to the findings of your report well i' I'd like to respond firstly to to councelor mcm's comment and and that is that um if the counselor contacts the charity then that's certainly not lobbying by the charity and that doesn't you know fall within the parameters of the bylaw at all uh so that is not not a legitimate concern um there there there isn't just one uh or even seven um affordable housing developers operating in the city of Hamilton and everyone should have a Level Playing Field absolutely and so you know it as councelor Francis pointed out it takes all of five minutes to register as a lobbyist and that clears the air that that solves the problem this isn't an onerous uh task there's no fee that has to be paid uh it's simply registering so you identify that yes I am Sol soliciting public office holders as defined uh to attempt to obtain business from the city and whether you're not for profit or not you're still in business um these are paid people uh as we point out in the report fairly generously in in the case of some of the employees of these not for-profit organizations so uh I I I'm not able off the top of my head to give you these silos or Define each of these silos that you identified councelor Nan but may I just clarify my question sure if you don't mind um Integrity commissioner you you'll get a clarification from councelor Nan in terms of what she was looking for in her query thank you um and so the reason I'm asking this is to get very clear because the implications of your report are pretty significant for the advancement of this municipality to work in good faith with our subject matter expertise in this community who have over a century worth of dedicated tireless service helping us address the homelessness and housing needs in our community as a municipality we are incapable of doing this work without these Partners who have for over a century collectively worked with Integrity to make sure our community is one where everyone can Thrive so Mr B Mr Integrity commissioner the implications of your reporter significant and so when I'm asking you on the spot yes to not go into a siloed description but instead give me your subject matter expertise to define the difference between good faith partnership sectoral collaboration and lobbying please okay well for example if you read the report you'll see that we excluded any Hamilton's home meetings we took that off the table and said that's not lobbying so this collaboration piece has nothing to do with lobbying the Hamilton is home collaboration with the city we expressly found does not constitute lobbying so that was not any of the there's nothing that did not form a basis for a finding of unregistered lobbying in this case um the other thing I will say I think we in good faith and and and accurately applied this bylaw that Council passed uh and if Council thinks it's overly broad that maybe not for profit shouldn't be included uh I think we we decided to interpret it that collaborative efforts between organizations like Hamilton is home and the city's housing secretari for example uh would not be deemed to be lobbying uh but if you want this bylaw which I think is already riddled with exceptions uh as you can see by reading the report all the Hoops that have to be jumped through to make a finding of improper lobbying uh if if it's still seen to be overly Broad and and hitting targets that that this Council doesn't want to see affected then it can amend the bylaw accordingly but we've simply applied the bylaw and I think based on the the current wording of that bylaw we did so correctly thank you councelor n those are my questions H thanks very much we now have councelor cret and then councelor Clark for a second time counc cret please go ahead thanks and uh just a brief comment and a question my comment is primarily about the philosophical nature of this discussion about lobbying generally speaking lobbying is about trying to convince someone to do something that's my general understanding I'm not an expert in lobbying by the way I did read the report and I've read the bylaw but I don't understand really um how we're understanding the convincing part I'll say this because in this report um there was a 171 Main Street e was a parking lot we were considering and I said I'm going to try to work to have that postponed a bit so we can get a report back that was what I was trying to do then Mr K would emailed me and said hey um I think you should postpone this I was like um I already did that so like it was a very quick exchange of me saying like I'm already postponing this and doing this work no convincing needed I think you actually may have said that in here like there wasn't any convincing need in some of these places can you talk a little bit about that because I would have certainly if someone was trying to ask me to do something or convince me to do something said hey this feels like lobbying go to the registry right but nothing about that was needing to convince me to do anything it was just a contact from someone randomly saying from my perspective randomly saying hey would you consider doing this thing and me being like already doing it so could you explain to me what that philosophical distinction is and how I'm supposed to understand that as a counselor Integrity commissioner um well first of all there's a giant exception uh in terms of the requirement to register uh based on whether it's a constituent of yours councelor crutch uh so right off the bat if that individual who you were conversing with was a constituent then that's Exempted from any requirement to register as a lobbyist um I can't speak to any hypothetical examples or or your particular example uh which you've you know uh provided in very uh general terms without the specifics we would need to look at whether it's lobbying but I can tell you in the case of Mr Cubit um there definitely were asks okay there were asks for money there were asks for land there were asks and that's lobbying if you're going to say we want you to support our applications for provincial or federal funding we want you to endorse them we want you to say yeah we want them to be getting uh these grants to build affordable housing in our jurisdiction we want we want uh Surplus land uh from the city that's those are asks and therefore that is lobbying if you're asking for something you're lobbying I don't think I can explain it any better and we found multiple examples of that in the case of Mr Cubit and that's why we found a violation thanks Integrity commissioner bagoan that's helpful um I'm referring actually specifically to page 40 where you found this to be lobbying I'm being very specific and not General you found this situation to be lobbying and I think what you're saying if I understand you correctly and this is educational for everyone here is that if the intention of the person regardless of what whether I understand it the intention of the person is to ask us to do something or to ask us to change our influence or whatever it might be do something delay something whatever it might be um that person should be directed to the lobbyist registry no matter what so if they're coming to ask us a question and there's any worry we have we should direct that person to the lobbyist registry I'm just pointing out here this had nothing to do with monetary asks nothing to do with Partnerships this was simply him saying hey um I wonder if you could delay this thing till later inherently in that obviously I'm just going to be honest of course there's an ask in there somewhere so I get your point I'm just want to say this is directly com report which is why I asked the question um I'll leave it there thanks uh thanks councelor crutch councelor Clark please thank you mayor while we have the Integrity commissioner with us I've heard a couple of comments from counselors uh who seem to be a little bit confused when it comes to verifying if an individual has registered as a lobbyist I've never asked that I didn't think it was my obligation to ask that I thought the obligation was inherently on the individual if the individual knows that they're going to be lobbying for um a specific uh amount of Grants or are they going to be lobbying to purchase land office then they should be registering as a lobbyist to the Integrity commissioner isn't that onus on that individual business or or corporate leader it surely that bonus is not on the counselors to verify somehow that there should be a registered lobbyist uh you're absolutely right there is no obligation on uh counil members of council or any public office holder to um take steps to verify that a person who is lobbying them is registered however if the counselor or other public office holder knows that the person is not registered and and is lobbying then there is there is an obligation and that's set out in the Min PL Act and the bylaw so there's no positive obligation for you to check but if you know they're not registered and you know they're lobbying you you do have an obligation to say I can't I can't continue this any further until you register like I said it's a f minute exercise um you know we we occasionally get people who have trouble uh navigating the the uh the interface on the city's website and we deal with that um uh there there's a very helpful Hamilton staff who who have helped probably six or seven just in the last few months that I can recall individuals who have called me attempting to register who ran into difficulty for example if you're from the United States uh that poses a problem to registering but um uh having said that there there really isn't um much uh bonus on public office holders uh unless they happen to know for example we're going to be posting notice today on the city's website as the bylaw requires alerting all public office holders in the city that Mr Cubit cannot Lobby them for 30 days and so there will be a notice and and we're also going to send an email to all the public office holders as defined in my report to let them know so in this case uh everyone will have notice of uh that that they cannot uh be the the uh subject of lobbying from this individual but there's no onus on the in the case of other people and if I I I would very much like to spend some time with members of council to go over the lobby registry because I think you'd be reassured once we review all of the exceptions that this this bylaw is not the Trap that it appears there's some fear today that it is and um thank you we're looking forward to doing that as well councelor Clark please I'm just trying to clear the air because you you kind of said two things commissioner in one breath you said uh there is no onus or obligation on the the elected members to direct people or to check that people are registered lobbyists and then you indicated but if you know in a meeting that they are lobbying you then you should be directing them or asking them the bylaw doesn't seem to say that so I'm trying to understand today what our responsibility is as a counselor as per the bylaw specifically please thanks councelor Clark Integrity commissioner yes I did not say that uh if you're being lobbied you have to ask them I said if they're lobbying you and you know that they are not registered then you have an obligation to tell them that you cannot continue further until they register so it's only if you know that for example as you will in the case of uh Mr cuit in the next few hours because you're going to get an email and there'll be a notice post on the site you will you will have that information you will know that there's probably very few other times where you will have that knowledge that they're not registered um where where there would be any bonus on you to do anything thanks very much Integrity commissioner councelor Clark should we maybe bring this to the the broader discussion when we have that meeting yes but to be clear when people come to our offices we don't know if they're lobbyists or not exactly because there's no owners on us and so if that needs to be changed then let's have that discussion exactly but to be clear the mayor dealing with Mr Cubit there was no onus on the mayor or her staff to verify that he was a registered lobbyist that's the way the bylaw is written currently thank you thank you uh councelor Clark uh councelor Alex Wilson please uh thank you and through you mayor just one question on the report um just a quick one wondering if appendix a is comp apprehensively scoped from your perspective so there was a complaint you did an investigation appendix a the last couple of pages is The instances where you're saying lobbying did occur exemptions didn't apply um is that comprehensive just I think there's been comments about what do we know what do we not know Etc I just wondering there's not other pieces um from your investigation a is is what you found well we we reviewed about 108 email strings or chains and we narrowed it down to those 46 that a constituted lobbying and B were not Exempted so in terms of comprehensive yes those 46 are the only ones that we found were um unregistered law being contrary to the bylaw uh the other whatever 108 minus 46 is um were were uh were cleared that was my only question thank you thanks councelor Wilson uh councelor casar please thanks mayor uh just maybe to bring it to a conclusion I imagine that there may be some interpretation that Mr Cubit would not be able to have any communication with the city over the next 30 days but I wanted to point out maybe get the Integrity commissioner just confirm as has been touched on briefly in our conversation that public office holders can reach out to Mr cubit in the next 30 days which is permissible and and Mr Cubit would be allowed to reply do I have that correct yes absolutely in fact he's not prohibited from not speaking with anyone at the city uh for 30 days he's prohibited from lobbying so you know if he's make following up on existing developments uh to find out the status of approvals Etc that's not lobbying uh so it's just lobbying activity that's prohibited for the next 30 days yeah thank you you Mary for that clarification I think that's very important and I understand these situations which are complex and novel for many of us it could be easy to kind of jump to conclusions but I think that's a very important one more thing one more thing I meant to add councelor Kazar which is any activity he does through Hamilton is home for example meetings with H Hamilton Home in the city we've Exempted that so that that's not affected either thank you thanks councelor casar uh there are no further speakers uh I was contemplating going on for a second time but I think I'll do the right thing and have this conversation in a more fome way at an appropriate time with the entire Council and the Integrity commissioner so on that note um seeing no further speakers the motion before us moved by councelor Pauls and seconded by councelor CL casar rather is to receive uh uh the report so please indicate your uh your votes yeah it's just a receive that carries 16 to Zero thanks very much we're now on to the General issues committee report 24-14 September 4th 2024 councelor Pauls may I please have a motion to receive and approve the recommendations within the general issues committee report thank you mayor that the general issue committee report 24014 being the meeting held on Wednesday September 4th 2024 be received and the recommendation contained therein be approved and it's second by counselor uh Bey okay uh thanks very much uh so on item 6.4 uh councelor Clark is that for this one or was that from last one okay uh councelor Clark please go ahead uh thank you mayor I don't have any comments to make other than I would like to sever out item number 71b so I can vote that's the item that keeps the downtown Entertainment District status update confidential and number nine I'd like to be recorded as opposed those are my two items or separated out for that vote also uh okay so do we have those uh items identified as a separate votes can we just repeat what those are councelor clerk so I have them right on my world road map um my pleasure mayor no that's no problem it seven um one b 1 B okay that deals with appendix a the downtown un obtainment District status update and number nine which is the lease extension and amending agreement for Ontario works at 250 Main Street East okay thanks very much appreciate that apologize for having to get the clarification uh councelor uh and you didn't want to speak to that any further uh councelor Moran Wilson please oh okay that's a not necess necessary apparently um any further speakers I don't see any oh uh counselor Paul please I just uh want to say thank you to councelor Morin Wilson uh the all abilities Allstar motion uh they were so excited they came early at 9:00 I told them to come around noon and they were there anticipating Allstar is giving uh everybody opportunity to do Sports whether there's a disability or not uh but when I saw them up there I you know I just thought I I wanted to pass the motion but then a counselor Moren Wilson uh jumped in and uh they wanted me to tell you thank you very much and uh I want to thank Council for this grant of $10,000 that's going to help all everybody in the city and uh so I want to say thank you uh thank you very much uh councelor Pauls uh seeing no further speakers then uh we'll first go to item 71b as a separate vote um so if we could put that vote up please and that carries 11 to 5 thanks thanks very much uh we're then on to item nine for a separate vote please uh and that carries 13 to3 uh thanks very much folks and then the report as a whole and that carries 16 to Z thank you very much uh we are now on to uh the next item on the agenda which is 6 five the audit finance and administration committee report 24-15 September 5th 2024 councelor Wang may I please have a motion to receive and approve the recommendations within the audit finance and administration committee report yes mayor mooved by myself seconded by Vice chair spora that the audit finance and administration committee report 24-15 being the meeting held on Thursday September the 5th be received and that the recommendations contained therein be approved okay thanks very much I don't see any speakers uh on the list uh so we'll go then uh to the vote on the audit Finance Administration committee report that carries 16 to Zero thanks very much item 6.6 is the uh planning committee report 24-12 September 6 2024 councelor casar may I please have a motion to receive and approve the recommendations within the planning committee report of course mayor horth moved by Me seconded by Vice chair Council Morin Wilson that planning committee report 24-12 being the meeting held on Friday September 6th 2024 be received and the recommendations contain therein be approved okay I don't see any speakers on this report was kind of oh councelor Alex Wilson please apologies that went faster than I was able to Signal just two quick items of Kudos um really want to thank staff for the report when it comes to business licensing verification um building back better in our cyber recovery and making that fee not only easier but the turnaround time quicker for businesses that are say just moving down the street or doing something like that that's simple um I know that's something that people are certainly appreciative of and is going to make things easier in that regard and then the other one is to Heritage staff and the volunteers that have been working since before this term started um on getting that report ready to go with respect to the Melville Street Heritage District study um that's now gone through Heritage committee it's gone through planning committee and if approved today Heritage staff get to start talking to land owners and moving forward with the designation process um as we've seen at planning committees that's not a you're automatically a Heritage designation it just means that we're going to start talking to land owners and engaging at a district level these are both examples of where staff have taken a different approach adapted and been able to meet with residents kind of get outcomes going despite say changing provincial legislation or budgetary pressures there and so just items of Kudos on both of those they're certainly appreciated by folks and 13 thanks very much councelor Wilson uh councelor Clark please uh thank you Mary this is with regard to item one on the planning committee which an appeal to the Ontario Lands Tribunal for properties located at 157 Centennial Parkway in Upper Stony Creek there are now two appeals um if I can ask through our planning staff just because there's so much confusion in my community it's it's a little a little bit crazy so the first Appeal on this property was with the zoning decision and um uh the the uh it was a resoning application and the official plan and and it was appealed to the Ontario Lands Tribunal for non-decision if I believe can I get clarification uh GM roboso please uh through you Madame mayor to the W counselor the W counselor is correct the official plan amendment in zoning by Amendment applications were appealed to the Olt for non-decision thank you uh thank you and this is the property that is ramped with flooding and we've been wrestling with the drainage plan for this property for quite some time but then what surprised me Madame mayor was that there was a second Appeal on the very same property and it was an appeal based on the fact that the city did not make a decision on the site plan which struck me because I didn't think you could do a site plan until you actually had a decision on the zoning and the official plan can I get clarification again from Mr robish Show thanks councelor Clark uh acting J rob Bushell please through Madame mayor to the counselor the counselor is correct uh site plans are delegated by the planning act to City staff but City staff would not be in a position to approve a site plan application where the principle of the land use has been established through the zoning and the official plan Amendment or in this case the proposed site plan would conflict with the current zoning that's on the property and that is why City staff had not approved the application for site plan approval until such time as the zoning and the official plan Amendment application was approved was settled um but one of the issues that City staff have been long aware of relating to this property and the adjacent properties are issues relating to grading and storm water management and the effects on the adjacent properties so the city staff have been working with the applicant to ensure that there are no adverse impacts on the adjacent lands should there be approvals granted to allow for the Redevelopment of 157 upper Centennial thank you thank you and I want to thank staff for following our policies you can't get in trouble if we follow the policies and for the residents who were quick to jump on us because there was another delay on this property it's still at the Olt so there should not have been a site plan application we can't stop them from filing it but we can't say yes or no to a site plan until we get the zoning approved and the official plan Amendment approved or not approved so that's the challenge on this property and I just want the folks in Upper stonia Creek to know that we're well aware of it we are working our way through the Olt um but the second appeal was not necessary in my humble opinion thank you thank you councelor Clark uh I don't see any further speakers uh to this report uh and so uh we then have it before us uh for the vote uh the planning committee report 24 uh1 two moved by councelor casar and seconded by councelor uh Moran Wilson thank you and that carries 16 to Zero thanks very much uh councelor Paul we're now going to ask you for the uh motion to rise from Committee of the whole thank you mayor and it's Boo by myself second by uh councelor Jeff Bey that the committee of the whole rise as Council to report and confirm the action taken in the committee of the whole thank you uh thanks very much can we please get the vote on the uh rising from C the hall and that carries 16 to Zero thanks very much uh we are on to motions uh so we have uh amendment to items 7.1 and 7.2 of the August 16th 2024 Council minutes councelor MCM would you please present your motion yes indeed Madam your worship Madame mayor um my first of all my apologies to council when you are working with citizen groups who for whatever reason or combination of reasons I have an accounting procedure sometimes to save at administrative cost of setting up separate ones and sometimes for uh receding charitable donations the check doesn't go to the group it goes to their surrogate and this motion queans it up the grace Anglican Church uh um actually sponsors the food with Grace program so the the check would go to them the social planning and research Council of Hamilton for The Taste but program and by the way social planning research Council handles this administratively for many many charities in the city and also the migrants manner group started about 10 years ago out of St James and uh I was surprised to learn that accounting is still through St James which is good anyhow that's what the motion covers okay that's more of a housekeeping matter imagine thanks very much Council m m you have a seconder uh Tom Tom Jackson second to by councelor Jackson uh any discussion thank you thanks Tom seeing none uh we'll then uh go to the vote on the uh housekeeping amendments to 7.1 and 7.2 of those minutes thanks to always reliable uh and that carries a 16 to Zero thanks very much uh we are now on to uh notices of motion 8.1 is amendment to item three of the Public Works committee report 23-11 respecting combustion powered small equipment manufactur standardization renewal uh pw1 18028 a Citywide which was approved by Council on August 18th 2023 councelor spap for May I please have a motion to wave the rules thank you mayor and it's moved by myself and seconded by uh Vice chair Alex Wilson that the Rules of Order be waved to allow for the introduction of a motion respecting an amendment to item three of the Public Works committee report 23-11 respecting combustion powered small equipment manufacturer standardization renewal pw1 18028 a Citywide which was approved by Council on August 18th 2023 okay thanks very much then on the waving of the rules have the vote up that's great uh that carries 16 to Zero thanks very much so councelor spor please uh present your motion thank you mayor it's moved by myself and again uh seconded by Vice chair Alex Wilson to amend item three of the Public Works committee report 23-11 respecting combustion powered small equipment manufacturer standardization renewal pw80 28a City which was approved by Council on August 18th 2023 therefore be it resolved that item three of the Public Works committee report respecting combustion powered small equipment manufacturer standardization renewal PW 18028 a Citywide be amended as follows and you'll see in appendix a mayor that uh it's basically legal name changes um just to make sure we have the correct um company legal names okay is that good clerks or you need some more writing or reading no good all right thanks very much councelor spora uh any uh discussion on this uh motion seeing none now we'll go to the vote then moved by councelor spor and seconded by councel Alex Wilson that carries 16 to Zero thanks very much uh we are now on to 8.2 temporary stop controls Barton Street West and Ray Street North Ward one councelor Moren Wilson may I please have the motion to wave the rules thank you mayor horbath excuse me it's moved by myself and seconded by my uh neighbor counselor uh Cameron cret that the Rules of Order be waved to allow for the introduction of a motion respecting temporary stop controls Barton Street West and Street North the reason I'm seeking to wave the rules is uh as folks know there is um construction very necessary construction uh along York Boulevard in Wards one and two and uh the discussion that we have been having uh for some time with residents um U the matter or circumstances has been particularly heightened and rather than wait another cycle uh I would prefer uh these controls be put in play sooner than later thank you uh thanks councelor Wilson um seconded by councelor spora okay um any dis oh so this is on the waving of the oh sorry oh counc crch sorry sorry I'm not even touching that one um but uh okay so that was moved by uh this is just on the waving of the rules so let's have the vote on the waving of the rules moved by counselor waren Wilson seconded by councelor cret of course War to counselor appreciate that and the waving uh carries 14 uh to one because somebody didn't get to second I think uh but that's okay we're on to then the motion as uh as it is please go ahead councelor Wilson with your motion uh thank you it is moved by myself and seconded by councelor CR um my neighbor in Ward to as uh noted the situation is such there is construction affecting both of our Wards um folks this is very necessary uh re um a reinvestment in the lower City City uh and it will serve our city well um of course when construction happens uh it's never pleasant but this um uh provision of temporary stops has been under discussion with staff and they are supportive of it and it can be done through the use of motion as the uh language States so be that a we direct the transportation division please to uh convert the intersection of Barton Street West and Ray North to an all stop control therefore adding additional stop signs to Barton West for the duration of the Reconstruction project um B that bylaw 0215 to regulate traffic be amended to include an always stop at this intersection C upon the conclusion of the uh York Boulevard reconstruction project that the transportation division reviewed the applicability of the Allway stop at this intersection at the general manager of Public Works and clerk be authorized and direct to execute any required agreements and inary documents with such terms and conditions in a form satisfactory to the city solicitor um and in addition mayor Horvath um in cooperation with councelor cret we are putting in a much needed sidewalk on the north side of Barton um that is a safe uh passageway for folks scurrying along to meet the train at West Harbor uh and um full stop control crosswalks Etc have already been implemented at Queen and U Barton for that purpose as well thank you uh thanks councel Wilson I don't see anybody on the list not sure if the seconder wanted to add anything okay so then um we'll go to the vote please that carries 15 to zero uh thanks very much um we are now then on to statement by members no we're not sorry madam mayor we have one more notice motion oh I'm sorry please uh go ahead Council Francis yeah uh we can have it up on the screen right I've sent it the latest version to you on the uh via email there and mam Mar I'll just confirm through you to the counselor that this is just providing notice that's right okay so the there no request to deal with it today which means there's no debate on the motion it's just being presented as a notice okay if you can't get it I can read it out it's fine perhaps if the councelor would like to start we're just having issue getting the right screen to show I'll begin all right so this my notice of motion which will remain as a notice of motion till the next council meeting um in two weeks time on uh whereas on March 27 2024 city council officially voted to deny the conversion of the 5 and 13 Lake Avenue parking lots sou parking lots to affordable housing and whereas the Integrity commissioner report states that mayor horbath was lobbied by an unregistered lobbyists with financial interest to quote find a workaround in relation to the defeat of the staff proposal to make available parking lots on Lake Avenue South in Stony Creek and quote and whereas on April 24th 20124 mayor Andrew horbath overturned City council's decision to deny the conversion of the parking lot using strong miror powers and whereas the Integrity commissioner has determined that the lobbying efforts related to the complaint contravene the city of Hamilton's lobbyist registry bylaw and whereas according to strong Mayors Building Homes act 2022 so 2022 c18 Bill 3 section 28414 maintains that a veto decision must be made in good faith and whereas Hamilton City Council approved the 2023 to 2026 Office of the auditor general work plan report AUD 23012 which including a Housing Services audit and whereas the office of the auditor general is the administrator of the city of Hilton's fraud and waste hotline the scope of which includes the investigation of conflicts of interest and procurement irregularities therefore be it resolved one that Council requests mayor Horvat to reverse her decision to use strong mayor powers for the overturning of council's decision to deny affordable housing on 5 and 13 Lake Avenue South two that the office of the auditor general review and the lobby lobbyist register report regarding inquiry regarding Graham Cubit dbg lri 2024 D year one and include relevant risk in upcoming the upcoming Housing Services audit per the council approve 2023 to 2026 Office of the auditor general work plan report AUD 23021 and three that the office of the auditor general office of the auditor general investigate the issues and findings contained in the lobbyist lobbyist register report re inquiry re gram Cubit dbg 2024 d01 including subsequent events and related procurements thank you uh thanks we're now on to statements by members uh members can you please identify I if you uh have a statement that you would like to make at this point in time just please go on the list it keeps it much more organized uh Council m m please go ahead yes thanks uh your worship um as many will U know uh this Sunday is the I think the 34th annual uh Terry Fox run uh and um I had the good pleasure I think I mentioned in Council before of meeting this young man very humble very dedicated hardworking lovely young fell um who never quite made it across the country but in the process became a legacy um so I wanted to remind everybody of the of the Walk um and and tell a brief story if You' you'd bear with me for a minute um I like to wear the Terry Fox shirt some times to public health committee meetings it's therapy for me it reminds me as a as a two-time cancer survivor just how precious all the advocacy efforts are um on behalf of those who uh who understandably fear any kind of dreaded cancer um I had the t-shirt on when my little grandson myel was visiting uh last week and he came up and he touched my shirt and he said Grandpa who's that guy and I said that's Terry Fox and he says well what's he do and keep it simple with a three-year-old right I said he's trying to help people and help them get well and I didn't think anything of it right until his dad came to pick him up and he grabbed his dad's hand he said Dad Dad come with me and he came over and he tug my shirt again he says that's Terry the fox it was kind of cute so I I went to the market on Saturday and bought two T-shirts one for me and one for mil he won't be able to wear his until he's about 10 years old cuz that was the smallest size and I hope and pray that God willing um all be there to uh Dawn his T-shirt and we can walk the walk it would be the 37th walk so I'm looking forward to living long enough to enjoy that and in the meantime I'll be on my 21st walk this Sunday in support of uh the fox Foundation and the wonderful work they're doing and I would encourage anybody and everybody who uh I know that would be most people around this horseshoe who are excited about uh efforts of people like Terry Fox and his friends to uh um spread the news thanks thanks councelor mcmein uh very lovely story um councelor Pauls please thank you mayor and it's only September 11th and uh in the last few days I've had so many events but I just want to mention the Fest Italia that we was the grand opening and Embraces Italian Heritage and participate in variety of Italian culture events and you were there I don't know how you do it because uh uh there's a lot of events in September so I wanted to uh make sure if you want to know more about it go to FES italia.it Alan passion the food the music music just go to one of those events uh the upcoming events I have about 11 more to go but I'm going go few uh which are very dear to my heart um the first one that's very dear to my my heart is running for Rachel um this is World Suicide Prevention Day and on Tuesday St Joseph Healthcare at west camp at Leto butterfly remembering the people that died by Suicide Rachel is a friend um of uh um my friend Sid Stacy and his daughter at 17 died by Suicide and we've been doing a run and I've help them and we do that at um Lime Ridge Mall and we get about 3 400 people walking and running and thinking about how important it is that we make sure when someone needs help we're there for them and so that is very dear to my heart is on September 29th um September 14th um uh Community Day at the ciple in the morning there's free movies from 9: to 11: I'll be there serving popcorn so if you want popcorn come there and you'll get any free movie to get in with the family I thought that was such a great Initiative for them on September 14th there's neighbor to neighbor Gala event and it's a Michelangelo I'll be there saying a few words as well and uh so those are the things I've got a lot more but I'm not going going to I'm going to repeat some of them because some of them are very important at the end of the month for the next Council so thank you and mayor I still every time I go to one of these uh Community event you're there so I I don't know how you do and I I thank you to be that you're there all the time thank you uh thank you counselor Pauls uh counselor Wang I'm just before you start just want to let folks know what the list is counselor wayang councelor Jackson councelor casar councelor Nan councelor chison councelor Clark go ahead councelor Wayne please thank you mayor I just wanted to thank all of council for your support um in August we had an opportunity to attend Amo I recruited a bunch of counselors and and including yourself mayor to uh join me in advocating for myself to get a board member position and I'm thankful that I have been reelected back onto the board so it's another thank you thank you so it's another two years of making sure that Hamilton's voice is being heard at the aot table and ensuring that municipality such as ours is getting its fair share from the provincial government I thank you again mayor as well as councelor casar counselor cret and councelor Nan for joining me um in that advocacy but also joining you in some of those delegation meetings um ideally we can really move the needle on a bunch of these really huge issues that we have going on so I thank Council again for all of your support uh thank you councelor wing and congratulations again you did a great job um so councelor Jackson please go ahead thanks mayor Horvath a public service announcement and a historical reminder the public service announcement um the Hamilton Hornets rugby Association that plays up at uh Mohawk Sports Park one of many organized uh groups that uh call Mohawk Sports Park home they're holding their 70th uh anniversary banquet of existence in our community uh at carman's banquet hall on on Saturday September 21st from 5:00 p.m. to 11:00 p.m. um I want to congratulate current president uh William Redgate and past president Tom Edwards and their entire executive uh mayor Horvath um rugby may not be uh in North America I would say suggest amongst Mo most sports fans and I'm not here to uh put in a second category any that I may not say now but I would think amongst most sports F fans amongst my friends the four major North American Sports watched our hockey football basketball baseball but rugby has a long tradition especially with the uh country of Canada being part of the Commonwealth and of course rugby is so huge in the United Kingdom and elsewhere around the world and so I just want to say they're a valued Sports member at Mohawk Sports Park and again their 70th Anniversary banquet at carman's on Saturday September 21st 5:00 p.m. to 11: p.m. congratulations President will Redgate uh historical reminder mayor Horvath uh today is uh September 11th um 23 years ago uh I think uh North America primarily in the US were um Shell Shocked uh by the bombing of the towers uh I'm not going to speak to that mayor Horvath but you and I were on Council you were just a young budding star I had been on Council a little longer at that time and at 9:15 I'll never forget mayor Horvath on a Saturday morning at 4:00 a.m. because I was Deputy Mayor that month that this month back then God rested Soul Mayor Bob Wade was at a convention in Halifax and could not make it back in time I got a call at 4 in the morning from fire chief uh Glenn peace God Rest his soul as well he's sadly no longer with us telling me about the uh torching that occurred at the Hindu samage on 12 Road in Glam Brook and as well there had been some serious vandalism criminal activity at the mosque up in my ward on Stone Church uh Road East uh councelor Moren Wilson uh was with the corporation at that time as mayor Wade's chief of staff and my current Council colleagues uh Ted mcmein was a newly minted MPP at Queens Park and councelor Brad Clark was a minister in the Harris government days the rest of you I'm going to assume were probably in school and take that as a compliment um you you'll appreciate that later down the road anyways uh mayor Horvath um I attended the Hindu samage torch temple on 20 road later that morning I also went to the mosque on Stone Church bosi at the temple I met with the leadership uh as Deputy Mayor Mr subramanian was one of the me members of the executive of the Hindu somage community and that was um that was a pinnacle of hate of bigotry of ignorance that came through in violent activity primarily by Three Goons um in our city at that time um that just displayed um how much they resented and were ignorant of uh exactly the situation that was happening around the world and took it out on two innocent members of our multi-racial multi religious Multicultural community at that time out of that mayor Horvath you were called um you were a strong supporter as you've always been for every single member of our diverse Community to have an equal part and participation and play in what goes on in our city and I mean that very sincerely your record has been consistent and exemplary you recall the that mayor Wade um began and spawn the Hamilton strategic collaborative initiative brought together dozens of stakeholders in our community Emergency Services departments so many that were at the all players table to first and foremost provide an Embrace for the Hindu somage community of our city that had seen their place of worship torched for no reason other than hate and bigotry and resentment and and through a violent activity and the message to the Hindu samaj Community from all sectors of our city I was just so deeply proud of every part of our city every citizen overwhelmingly um helped that community in a message of restoration reconciliation and and to re and rebuilding uh of their Temple and told them and embrace them and put our arms around them in love and support that our city would hopefully never again go through this Pinnacle of violent hatred bigotry activity that was taken out on two places of worship primarily the Hindu samage temple so mayor Horvath um sad to say um hatred and bigotry are still with us today um often covertly um sadly uh many times overtly this was one of the worst examples of overt uh bigotry and um mayor Horvath I would love to say that we've come a long way but we still have a lot more to do to ensure that uh every community group of ethn cultural racial religious background is welcomed in our city and told to um and told and and reminded that um we want them forever to stay in our great City and make it even greater and um I just thought that this was an important moment in time to share this as a reminder because so easily as the years go along the pages fade in our memory banks but I'm proud to say today the Hindu samage temple on 20 road is stronger bigger better than ever and of course the mosque on Stone Church Road proudly in my ward has not only grown to nearly 10,000 and um members that attend on primarily Friday services but have expanded the park and lot through City and conservation Authority support and our thriving Community as well and again mayor Horvath you were just a few years on Council representing War II thanks again for all you've done consistently and I just wanted to share with some newer members of council that may have not been aware of what we dubbed in Hamilton 915 thanks mayor Horvath thanks very much councelor Jackson that was a very moving reminder of where we've been where we hoped to have gone and where we are today very much appreciated I obviously gave you a little bit of leeway because it was uh so extremely important really appreciate your words um councelor casar please thank you mayor Horvath just two brief items first just to remind my colleagues and the community that the Ancaster Fair begins next week on Thursday evening the 19th and Carries On through the weekend so an invitation to you hope to see you there it is a well attended Fair by hamiltonians and Beyond and secondly I just wanted to speak briefly about ongoing construction on Garner Road it's one of the main arteries through Ancaster uh there is a large construction project that has been going for months and will continue for months uh recently there was a discovery of unforeseen circumstances on circumstances on one section of the road that has taken the oneway westbound axis and closed it off both ways and as uh our colleague Morin Wilson said when construction happens it's never Pleasant so understandably it's frustrating and is forcing people to change their daily routines um it it is a plan closure for five weeks uh staff are doing um and the contractor doing the best to move as quickly as possible but what I would ask everyone is to be patient with each other to be patient with City staff and to be patient with the contractors that are there on site uh there has been a lot of he heated rhetoric and and commentary I would just ask us again be patient be respectful it may not seem that there's always activity happening in a particular spot as you drive by you know contractors do take breaks there are breakdowns they have to wait for parts uh there's a sequencing of things so just please um take our word that everything is being done to move things as quickly as possible and restore access back as as is expected thank you m thank you councelor casar uh councelor n please thank you mayor um to two things that I'd like to speak to today under this privileged opportunity to talk about matters that matter for each of us around the table and so first of all I just wanted to start off acknowledging that a young neighbor to all of us in Hamilton has endured some life-altering injuries as a result of being struck by a vehicle while she was waiting for a school bus in the Keith neighborhood in W 3 as the media reports are stating and police have clearly identified they're still investigating the single vehicle crash and it's known to us that the driver had uh medical incident that took place that contributed to this absolutely tragic situation for our young neighbor and to her family her loved ones to her and her neighbors um to pick up the pieces after a routine day where you go to the bus stop to take a bus to go to school to be struck and injured and have your life altered is pretty devastating and I understand that a fundraiser is being organized and I'll circulate more information via my social media channels to support our neighbor and neighbors as they try to cope with this moment and prepare for the long-term healing ahead I also want to thank director Riel for connecting with me quickly yesterday to review the complete streets recommendations for the area of the accident to ensure that we're able to implement quickly any changes that were identified in that report that could have improved The Pedestrian safety situation uh in that area so that report or sorry that motion will come to Public Works committee later this month the other item and I do want to pick up where councelor Jackson left off is in acknowledgement of welcoming week which is taking place September 17th with a big event at the Central Library between 2: and 6:00 p.m. and the reason I want to raise it is that newcomers across Canada and people who support them are experiencing a rise in harassment and threats as the narrative and rhetoric continues to unfortunately unfold into our communities that pits one Canadian against another and you know I feel personally obligated to raise this issue as a proud child of immigrants from a racialized community that is being directly targeted in this era in this time yet again brown skinned not Christian and our communities are constantly having to fight to assert our belonging in our communities and so I want to say thank you to every single organization and group of people who do that work day in and day out to make sure that our newcomers refugees and Asylum Seekers feel welcomed into the sanctuary City that there is work that they do that we don't see we often get the reports in terms of numerical quantitative results of that effort but we don't get into the heart in the story that so many social workers and so many folks who are dedicated to supporting newcomers in Canada refugees and Asylum Seekers the way in which they hold the heart of so many who are traversing various tragedies and coming to Canada to seek a new life and so when these events take place sometimes there's tons of fanfare around them and we all do our job as counselors to support those events um many people in our community work tirelessly to support those events I just want to take a moment to say thank you to the entire sector and and recognize that this is a pressure-filled time there is a lot of rhetoric in our communities um that that continue to need to be addressed and for us to continue our vigilance in seeking not only Equity but Justice and uh Foster that sense of belonging so if you can please do support the various events that are taking place this week for newcomer day and welcoming week uh number of activities across the city thank you a thanks councelor Nan uh councelor tson please well it's that time of year again for the Bim Brook fair this time it's the 171st Bim Brook Fair that's a lot I I think that's a number you can't divide by anything um oh no it' be a three because you could go 1 plus 7 + 1 is nine so that means you can divide that by three okay so going forward with that I just remembering some of my math from my teaching days um again let's celebrate the community's rich in agricultural Heritage come together for some good eats and old-fashioned fun and uh I just want to thank uh the proactive actions by our HPS services in order to uh you know be on top of things and uh always being vigilant to uh make sure that everyone's having a good fun and no one gets hurt um also if you get a little bit overwhelmed of the fair Friday night Saturday September 14th joined the Niagara Peninsula conservation Authority and Earth Day Hamilton and Hamilton water for a community planting event at the storm water facility located at 231 Southbrook drive so again that's a that's a community planting there and the event offers a chance to beautify the neighborhood and improve storm water management by planting shrubs and other vegetables and it will meet the city's design standards so uh I appreciate that it's a great opportunity to learn about the crucial role that facilities play in protecting our community from flooding and maintaining water quality so moving to another more somber event on Sunday September 15th at 10 A.M on behalf of the 447 rcfa wing and the 779 air Cadets St Paul's Anglican Church uh is inviting people to attend the annual grave decoration ceremony on uh this ceremony commences inside the church it's followed by outdoor service at the grave of the RAF Airmen who perished while training on Canadian soil during World War II moving to a further event down the road going to glamr nonprofit housing it's an open house for seniors and Elder caregivers on September 24th at the a building in Bim Brook it's um basically going to discuss all senior services that are available in the community and that ties it up for Glenn L Brook except for I guess the tireless advocacy by this counselor to improve our safety on our streets I met with the Hal halderman counselors and a independent MPP Bonnie and Brady Ed at halbrook Road and Highway 6 and uh we have some good news that in 2028 they're going to significantly enhance the uh intersection uh the ministry has agree to that we're still pushing that that's not soon enough so thanks for the support mayor with that and um thanks to our traffic department as well and that does wrap it up thank you uh thank you councelor tson and good job there that's that's great great news um I'm gonna oh I guess I can't pass the chair over to councelor Paul's uh so I'll just pass it over to councilor crutch um just to make a few comments myself it's really exciting to uh hear about the events that oh is it councelor Jackson or oh very important for you to sit silently while the mayor delivers her remarks you can go for it okay well uh maybe you can carry on mayor okay thank you councelor Jackson the prior prior Deputy Mayor I appreciate that or the prior deputy mayor from uh the current one I I'm GNA be very brief though I do want to say that uh there are a number see you got me in trouble councel Crut there are a number of um events that have been shared by uh the members of council that's it shows the kind of vibrancy that's happening in our community lots of great things to do the fall fairs are amazing regardless of which ones you attend so I encourage folks there's a as we know super crawl is coming uh this weekend uh so another great event I would just hope that all of these events take place in a spirit of uh of community of friendship of enjoying each other's company of inviting visitors uh and and peacefulness frankly uh and uh just hope that everyone is able to enjoy a really great time uh and um and take advantage of these wonderful events without uh having anything at all uh to worry about so I in invite not only hamiltonians but folks all around the region uh to enjoy these uh these wonderful events as described by the counselors so thank you so much a nice positive summary mayor Horvat chair back to you uh thanks I'll take that chair back uh Deputy Deputy uh mayor Jackson um so then we are so I'm just looking at the time I think we're fine we'll go straight on to council Communications if that's all right with folks uh and uh we'll ask I'll ask for counselor Paul's uh to please provide the motion to receive the council communication update listing yes thank you mayor and it's moved by myself and second counselor Bey that the communication be confirmed whatever it says here it Go all right okay thanks very much the Motions on the floor moved and seconded duly uh are there any uh items that folks want to raise within the council communication update listing uh or have them referred to um a standing committee councelor Wayne please thank you mayor on item three the preventional approval of the provincial planning statement as we have all been experiencing this has been a moving Target for ever essentially since we've started um perhaps I could ask on public record what are the red flags of this particular update just so that we and the public know that again the moving Target is still moving uh that's to GM acting GM Robo please thank you through Madame mayor to the counselor the province is indicated that the new provincial policy statement will take effect on October 20th 2024 the most significant change with that is it will then align the provincial policy statement with the changes to the planning act under Bill 185 with respect to allowing individuals to apply for urban boundary expansions they were previously um not allowed under the previous growth plan so that it is anticipated that any individual who has lands outside of the urban area and and is seeking to develop them for urban purposes we'll be able to make applications starting we're starting to see pressures now but we will probably see more applications coming forward after that October 20th date um in addition those are the main policy changes we are also assessing some of the changes in the policy direction that the province has making through the PPS as they relate to the protection of employment lands uh we consider employment areas to be essentially a neighborhood where people work and spend a lot of time the provin is rolling back some of the planning permissions to allow for supportive uses within those employment areas I.E maybe a you know a restaurant in particular or some of those other uses that are important for people that spend time there so that'll have implications in that if they have to be redesignated to a commercial or other use they will lose those protections that we have for that broader employment area in order to accommodate all of the needs of the workers uh but those are the two main issues associated with the PPS as they really took facilitating Urban boundary expansion applications and removing some of the protection for employment lands that the city has strived to retain in order to ensure that our employment areas remain vibrant and we don't have land use conflicts thank you thanks uh acting CH will show anything further councelor Wayne No I just thank staff for keeping us updated um because this is such a complicated issue and it's something that we've been as new counselors too we've been grappling since before we even got into office um it is very confusing there is a lot of moving pieces so I'm thankful to staff for keeping their eye on this um but it this is going to affect how we talk about a frozen Urban boundary absolutely thank you thanks councelor Wang and I believe the staff will be bringing a full report to committee at the appropriate time um so I don't see any further um comments or referrals on these communications items so uh can we then have the the vote please on this uh matter that carries 16 to Zero thanks very much all uh we are now on to the private and confidential uh portion of the meeting uh we'll start with the Clos session minutes August 16 2024 I have a motion to approve the close session minutes of the August 16 2024 meetings as presented uh moved by councelor spora seconded by counselor Wang um can we take the vote on those minutes please that carries 16 to Zero thanks very much uh now it's I'm in your hands council do you wish to move into close session to discuss item 11.2 the appointment to the committee uh of adjustment folks want to do that seeing no desire to do so then um we are now on to I'm sorry okay oh yes the motion on the I'm just going through my road map here the motion on the appointment uh can move by councelor or can you please put your motion forward councel certainly mayor Horvath it's moved by Me seconded by Vice chair of the selection committee councelor Mark cison that lever Gaddy be appointed to the committee of adjustment for the remainder of the 2022 to 2026 ter of council and if I may speak to it real briefly absolutely please do uh the selection committee was informed of a resignation from the committee of adjustment therefore we went underwent a process to fill that vacancy hence this motion thanks very much and thanks for your hard work it's been a it's been a hall but great work for yourself and the entire committee um can we then uh go to the vote as it's been duly moved and seconded and that carries 16 uh to zero councelor Pauls may I have the motion on the bills please yes you may and it's Boom by myself and second by counselor Jeff Bey that bills number 24158 to number 24 161 be passed and that the corporate seal be affixed to and that the bylaws be numbered be signed by the mayor and the city clerk thanks very much can we have the vote on the bylaws please folks thanks that carries 16 to Zero thanks very much and believe it or not 11:28 may I please have a motion to adjourn move by C mcmein seconded by councelor [Music] Pauls anded that Carri 16 to Zero thanks very much everybody enjoy the rest of your uh your day thank you we're