Present: Pearson; Mitchell (out 3x for 22 min); Merulla (out 4x for 23 min); Kelly (out 3x for 25 min; left at 1:04); McHattie (out 3x for 9 min); Bratina (out 4x for 17 min); Whitehead (arrived 9:58; out 3x for 15 min).

Also present: Samson 9:48 to 11:08 ; Morelli ( 10:04 to 10:14 )

Media: Spectator (until 12:15 ); CH (until 11:54 ); Brabant (arrived 9:44 ).

CATCH: Don

DELEGATION REQUESTS

4.1 Realtors Association of Hamilton-Burlington (RAHB) Ed Cooper, Chair - Government Relations Committee, respecting GRIDS

4.2 Hamilton-Halton Home Builders` Association respecting GRIDS

4.3 David Ivey respecting parking on Cross Street at Park Street (Dundas)

4.4 Added delegation request from Benjamin Loewith regarding 1736 Powerline Road West .

First two referred to Committee of the Whole that will hear GRIDS presentation "in the fairly new future". Other two delegation requests approved.

CONSENT ITEMS

5.1 Waterdown Business Improvement Area (B.I.A.) Proposed Budget and Schedule of Payment for2006 (PED06085) (Ward 15)

5.2 Tree Removal and Replacement, 21 Norfolk Street South, (Ward 1), "Kopper Meadow -Phase 1" Plan of Subdivision (Ward 11), "Almas Property" Plan of Subdivision (Ward 12), and Site Plan Application DA-03-19 "Trinity Development Group Inc."(PED06086) (Ward 15)

5.3 Recommendation to Designate 5 Brock Street North, Dundas, Under Part IV of the Ontario Heritage Act (PED06087) (Ward 13)

5.4 Community Liaison Committees for Various Facilities (PED06088) (City Wide)

5.5 Demolition Permit - 153 Royal Avenue (PED06091) (Ward 1) Amended on McHattie's request to require building permit before demolition permit issued.

5.6 Removalof 'H' Holding Symbol from Lands Located at 187 Stone Church Road (Ancaster)(PED06095) (Ward 12)

5.7 Parking for Services in Kind (PED06097) (CityWide)

5.8 DemolitionPermit - 6 Brant Street (PED06098) (Ward 3)

5.9 Demolition Permit - 13 Beatty Avenue (PED06099) (Ward 4)

5.10 Hamilton LACAC (Municipal Heritage Committee) Poster Account (PED06101) (City Wide)

5.11 Westdale Village Business Improvement Area (B.I.A.) Revised Board of Management (PED06104) (Ward 1)

5.12 Barton Village Business Improvement Area (B.I.A.)Revised Board of Management (PED06105)(Wards 2&3)

5.13 Enterprise Zone Municipal Realty Tax Incentive Grant Program - Application for 221 York Boulevard, Hamilton EZ06/02 (PED06107) (Ward 2)

5.14 Enterprise Zone Municipal Realty Tax Incentive Grant Program - Application for 89 King Street East, Hamilton EZ06/01 (PED06108) (Ward 2)

5.15 Appointment of Weed Inspectors for the City of Hamilton (PED06109) (City Wide)

5.16 Appointment of Municipal Law Enforcement Officers for the City of Hamilton (PED06110) (City Wide)

5.17 Amending Hamilton City Council's Approval of Item 3 of the Fifth Report of the Transportation and Environment Committee of March 8, 1994 and the Declaration of Surplus Property and Sale of Part 1 on Reference Plan 62R-13005 Abutting 37 Strathcona Avenue North, Hamilton (PED06092) (Ward 1)

5.18 Enterprise Zone Municipal Realty Tax Incentive Grant Program - 135 Hunter Street East, Hamilton - Letter of Understanding - EZ02/003 (PED06106) (Ward 2)

5.19 Building and Licencing Division Operational Review Sub-Committee Report 06-001

5. 20 Advisory Committee Minutes - For Information
(a) HamiltonLACAC (Municipal Advisory Committee) Meeting of February 23,2006

All consent items approved (not change to 5.5)

PUBLIC HEARINGS AND DELEGATIONS

6.1 Application to Amend Township of Glanbrook Zoning By-law No. 464 for Lands Located at 3087Highway No. 56 (Glanbrook) (PED06049(a)) (Ward 11) ( NOTE: This Public Meeting first held February 21, 2006, being held again, due to problems in Planning Act circulation requirements) No discussion. Carried. 3 minutes.

6.2 City Initiative for an Official Plan Amendment and Change in Zoning for Lands Located on Part of Lot 18, Concession 4, South of Highway 8 on the West side of Woodhill Road (Flamborough) (PED06100) (Ward14) No discussion. Carried. 3 minutes.

6.3 Applications for an Official Plan Amendment and Change in Zoning for the Property Located at 359 Winona Road (Stoney Creek) (PED06084) (Ward 11) This will allow construction of eight street townhouses. Mitchell asked for city cleanup of opposite property where illegal dumping has occurred. No discussion on proposal. Carried. 6 minutes.

6.4 Application for a Modification in Zoning for the Property Located at 105 Nebo Road (Hamilton) (PED06093) (Ward 6) Applicant spoke briefly about concerns raised on parking. This is the teachers union and they hold occasional meetings but these start at 4:30 pm and they have made arrangements for parking on adjacent properties. Bratina supportive on parking issue. No other discussion. Carried. 7 minutes.

6.5 Changein Zoning for Lands Located at 1725 Upper James Street (Hamilton) (PED06096)(Ward 7) Proposal is for office use. Kelly noted traffic problems on Upper James and need for left turn lane. McHattie asked proponent if he would consider mixed use - specifically addition of residential. Proponent said he might but no one had ever suggested this. Mallard said parking restrictions could be an issue with adding residential. Carried. 14 minutes for this item.

6.6 [36:33] Official Plan Amendment and Zoning Applications for 58 Carluke Road West, Ancaster(PED06089) (Ward 12) Staff report : " The applications are to facilitate the expansion of the existing Oakrun Bakery operation onto additional lands to the south. The existing bakery operation currently occupies 4.65 hectares of a 79 hectare farm. The existing operation has a total gross floor area of 18,720.8m2, including a new freezer component. There are currently 400 workers employed at the bakery. The owners have developed a long-range plan for growth over the next 10 to 20 years. They are proposing to increase the size of the land area for the bakery from 4.65 hectares to 9.3 hectares, and to increase the gross floor area of the bakery from 18,720.8m2 to 36,508m2 (refer to the concept plan attached as Appendix "B"). They are anticipating an increase of up to 150 new employees for the expanded facility (maximum 550 total), and are proposing to increase parking from 123 spaces to a minimum of 250 spaces." Staff (Simon) recommend approval. ".Through pre-circulation letters were sent to all residents within 120 metres. Six letters were received. The range of issues brought up deal with water discharge, the existing capacity of the septic system, quality of life in the rural area, noise and visual impacts. There's also concern with conformity to the Greenbelt plan. As well there was a concern with the use of products grown on the property.. The application also meets the test of triple bottom line value.."

McHattie : "A number of issues identified by residents . water discharge contamination of well-water. It seems to suggest that water flow coming off the property onto adjacent farmland have been occurring for some time and negative impacts occurring for some time, and well water may become contaminated. And our response to that is that we'll deal with that at site plan control. But the problem seems to exist already, independent of expanding the operation. So I wonder if staff can tell us more about that, and what the response has been to date to solve those problems?" Staff : "I'm not aware of any meetings with residents in the area and Oakrun staff to deal with existing problems, however, I can say through the site plan control process we're only dealing with the lands shown in yellow . but it would be possible for a study to include the entire property and look at measures with respect to grading and drainage, erosion and sediment control for the whole lands to help resolve this issue. The remaining 79 hectares are in agricultural production so I'm assuming the landowners have their lands set up properly to drain for agricultural purposes. Again I think there's an opportunity to have an appropriate study done and incorporate mitigation measures at the site plan control stage. It would just be a matter of defining the terms of the study appropriately."

McHattie : "That certainly sounds like something you might want to consider as we go on through this discussion . the quality of life issue, has there been any discussion of those, when you received these letters? Was there any discussion with the proponent as to how some of these issues can be dealt with?" Staff : "Again there's been no discussion that I've been aware of. Unfortunately I'm new to the file. Again I believe these issues of noise, traffic and lighting are ideally dealt with at the site plan stage and again proper studies would be brought forward at the site plan stage and it would be staff's duty to ensure that we are satisfied with the visual screen that's going to be put onto the site. With traffic, which is more of the quality of life issues, and our public works and operation department had no traffic concerns other than internal layout designs. So that issue's having been brought forward from the city perspective." McHattie : ".how things are currently. It is 1 space for 3.3 employees at the moment. That condition will improve to 1 space to 2.2 employees with the new development. How's that working right now . are folks car pooling? It's a rural area so are cars parking on the road? ." Staff : "I guess the justification in the report is that they have enough parking for their operation right now and if you do a calculation on the way the bylaw requires, they would be in excess. So I believe there's adequate on-site parking for the site and there are no cars parking on the road. . Their parking is sufficient on site and that's why they're asking for the reduction."

Bratina : "In September of 2004 we approved an extension of an eight inch water pipe to that plant, which went against the official planning of the day. All three official plans prohibited extending water or sewer services beyond the urban boundary. So my assumption is they wouldn't be in the expansion mode if we had followed our own planning principles at the time and not allowed this. They may have at that time thought about another place to expand their company, but we provided them an exemption to our planning to get the water service in there, which was only supposed to deal with their current needs. Well now I think we're seeing another scenario unfolding, so this could well have been part of the plan all along. This company is a fine company and they employ people and we don't want to discourage them from operating in the city, but we accommodated them beyond our good sound planning principles with this water line, and now we're paying, and the residents in that area are going to pay another price which they may not have had to pay had we done the right thing with regards to expanding the water line. Because we refused the Fratric family in Stoney Creek the very same benefit, which was an extension of the water line beyond the urban boundary. So I'm a little disappointed in the planning process which allows us to do these one-offs which inevitably leads to the kind of thing we're seeing now. And it's also dark as darkened by the unfortunate campaign donations story. So madame chair I'm not going to be supporting this, as much as we desperately need this type of business, I'm sure that Oakrun could have found a better place if they had an expansion mode in mind at the time that we extended the water, they could find somewhere else nearby to conduct their business."

Whitehead : "Just two questions. . nasty odour from the septic system . have we had the appropriate agencies look into this issue?" Staff : " [47:42] The operation and licensing of the sewage lagoon is done through the Ministry of the Environment. Complaints and controls are regulated through them as well. It's not uncommon for people to complain about the odours. There's other facilities in hamilton that have gone through a similar process. If there is an issue, the correct body to deal with is the Ministry of the Environment. They are responsible for operating that lagoon, its size, its capacity and its odours as well. And those approvals will be required for the Oakrun Bakery if they're not already in place." Whitehead ".do we have an understanding of the MOE's position or any reports in respect to this concern?" Staff : "It's almost a two step process. We're dealing with the land use principles today in front of us. The MOE process is going to reply first on the planning - and just to answer the councillor's question - they very well may need to do additional studies to justify their septic system and lagoon study and if the MOE is not satisfied and not willing to issue those certificates of approval then they won't be able to expand. They will need to properly study and design a system." Whitehead : " .contamination of well water. Is that not our responsibility?" Staff : "That's an ongoing question of any approval that we deal with. How do we deal with adjacent landowners rights and their issues. I guess the best answer is that we deal with the potential contaminated wells on an individual basis with our public health department. Trying to find an appropriate action plan to deal with it. First off try and confirm where the contamination is coming from. I think it's a little premature to say exactly we know it's coming from the Oakrun Bakery. I'd probably have to defer to public health for the appropriate course of action when dealing with well contaminants."

Whitehead : "So when we do have what appear to be certain concerns, I mean bonfide or not, there are certainly concerns from at least one resident that's been raised. How do we respond to those kinds of concerns? .what's our approach when we get this feedback on applications? How do we respond to it, or do we." Mallard : "We take the comments that we receive. We address those concerns in the report. With respect to the latter one, I mean, essentially that is a matter for the province and the Source Protection Act, the Environmental Protection Act. We also provide a copy of our report with a response to those concerns to the residents that write in." Whitehead : "Fine. Thank you."

Bratina : "On that point, what is the status of the Hamilton groundwater study? The one that was by Lavalin Associates." Pearson : "I'm going to assume, councillor, that the correct staff person that would have that information is not here. So maybe someone here could request that information be forwarded. Mr Peace?
Peace : "I'll take that as direction and follow it." Bratina : "Just for the information of committee, I asked about that study almost a year ago, and it was in final draft form, and some issues being cleaned up, but it still hasn't been released. It relates to this. It relates to aerotropolis. It relates to a lot of things and I'd like to know what the status of the groundwater study is. Thank you." Pearson : "Thank you for the request, councillor. We'll ask for Mr Peace to direct that information to all of us. If that's okay Mr Peace? The status of that?" Invites proponent's agent, Ed Fothergill, to speak.

Fothergill : "just to respond to some of the issues that came up . the application has been going on for some time. We've seen some of the comments from the neighbours. Most of the neighbours have been contacted directly by the proponent. We did have an open house at the site. We did talk to most of the neighbours. Some of these letters have come in since and I could tell you myself and or the proponent will be following up with each of these people directly. We do not feel there is any impact from either the existing or the future expansion. The proponent has invested a fair bit of money in a sophisticated treatment system for the bakery. It's a three stage process. Its more than one would normally expect in a rural area dealing with septic waste. The odours that were talked about - this was an issue that came up with the previous planner on the file as well. Unfortunately timing was such that they were re-doing the septic field for the employees. There's two systems - a septic system for the employees which is on the north side of the property and a lagoon treatment system which is west of the property. There was a two week period where they were working on the septic system and yes, while it was open up, there were some odours, but that was a unique one-off kind of situation. Oakrun Farm Bakery is a very good corporate neighbour. They spend a lot of time with their neighbours and they know them well, and they address concerns as they come up. And they will continue to do so. As far as parking there is sufficient parking on the site now. They work in shifts. As one shift comes in the other shift leaves. They do have sufficient parking so that they are not parking on Fiddlers Green Road . There has been a time in the past when they needed more parking they just added more parking to the site. Over time as the expansion takes place there will be less parking per square foot because the expansion will be more mechanized than the existing operation is now. And as the operation evolves you have less, fewer employees per square foot and that's why we have a special parking ratio proposed for the project to accommodate future demand. In terms of looking for alternatives, that approach was taken with the last application., when the extension of the water line was considered. And quite frankly the last thing we need is another Hamilton business looking for alternative locations. Because they were looking at alternative locations and most of them unfortunately were outside of the city. They were encouraged by the city to stay within the city and look at continuing to expand and be successful. So they are here. It is a good business. It provides a great service. It provides a lot of employment. It provides assessment and in my opinion there's no impact on the environmental issues. They have addressed any issues that come up with the neighbourhood and they will continue to do so, whether we need to do it now or through the site plan process. If there's things they have to do now, they're prepared to do that even ahead of the site plan process. So those are my comments. If anything comes up through the rest of the discussion, I'm available to respond to other matters."

Whitehead : "Just a quick question, this is councillor Ferguson 's ward." Pearson : "Correct and I have received confirmation from councillor Ferguson for committee's information that he is in support of this and so is his community planning group." Whitehead : "That's the question I was going to ask." Pearson : "I did receive that, asked for verification. That has been received." Whitehead : "Thank you."

McHattie : "That good's to hear from councillor Ferguson ." Asks about the water diversion "this idea of water flowing currently off the property and negatively impacting crops and livestock, and the whole question of contaminating well water. How has that been addressed to date, Ed, independent of the expansion that we're talking about?" Fothergill : "That's the first time we've heard there is an issue of that. We know there is a watercourse coming through the property . at Carluke and Fiddlers Green and that watercourse comes offsite - we think it comes from somewhere near the airport - and then south off of the property. So it could be that there are contaminants in the - if there are contaminants there. It could be something in the stream before it even gets to the property. But as far as their system goes, it is monitored on a regular basis by the Ministry of the Environment. They had to get a certifcate from the Ministry to build it, to design it, construct it, and it is monitored on a regular basis." McHattie : "And the suggestion . of adding a study to look at the off-site impacts. Is that something, Ed, that you would support?" interrupted by Fothergill : "I think we could look at, certainly if." McHattie : "Sort of a general concept at this point but we need to be more specific." Fothergill : "I think we could look at it. That may pick up what's coming into the property as well as what's going .side of it because there may be things that flow through that are beyond our control. So we don't have a problem looking at those issues."

Pearson requests public statements. ".don't worry, we don't bite.."

Patricia Paquette : ". I'm not used to this. Madame Chairman, I don't know who've given the privilege or the opportunity to start their business there, but this is agricultural land to begin with. If there isn't suitable for that sort of farm, now they have over 400 people there and the septic bed the water will just flow through because it's clear. The earth cannot support 400 people in a receptacle. One has to have permanent tanks. I haven't seen it emptied once or twice. The water was contaminated to begin with. They were running a bakery. You had something at Walkerton some years ago. Is that what we're going for here again? Are we starting another Walkerton in Carluke and Ancaster? Mr Ferguson is ill. I don't know who I should have gone to. So this is why I came to this committee this morning."

Pearson : "Thank you Patricia, and as I mentioned earlier, councillor Ferguson does support this application and so does his community council. Just so you're aware of that." Paquette : "Maybe I should have seen him before and explained to him because my home was built, I ran a farm. Okay? I gave that up. At least I'm in a retirement flat right now. I have a well there. When I first built my house the water was fine. Now . I get this. And Oakrun farm, what they're doing is when the lagoon is full, they spray the water in the atmosphere. So I think that is very wrong. The environment, I called the health department, but you see I just talked to them on the phone. I never wrote a letter to them. So maybe you can" Interrupted by Pearson : "Thank you for your comments and staff are making notes. Thank you Patricia. [ 1:02:14 ]

.

Whitehead : "The toothpaste is already out of the tube. There's a significant investment here. It was duly approved and supported by council. It's providing badly need taxes to the community. I know some wards are hit harder than others. Lower city's had the benefit of having lower assessment than everywhere else in the city and that we need that commercial tax base to assist to offset our social service costs."

Item ends at [ 1:21:14 ] 44 minutes for this item.

6.7 Applicationsfor Approval of a Draft Plan of Subdivision and Zoning By-law Amendment by2072581 Ontario Inc. (Mike Bettiol) for Lands Located at 10 McMaster Avenue(Dundas) (PED06094) (Ward 13) This is the former school site which the city tried too late to purchase. Neighbourhood fought for greenspace. Compromise with developer allows a small parkette (0.166 ha). Staff don't want parks smaller than 2 hectares but offer two alternative recommendations - one to deny the parkette, the other to approve it. Three speakers from the neighbourhood and all councillors, including Samson, support the parkette. Whitehead wants policy of purchasing all excess school lands automatically and then selling if not needed. Kelly complains that having to purchase the land from the school board means taxpayers pay twice. Quorum lost at the beginning of this item for a short period. 36 minutes for this item

DISCUSSION ITEMS

8.1 Application for a Change in Zoning for Lands Known as 1053-1055 Barton Street East (Hamilton) (PED06069) (Ward 3) (Tabled from March 7, 2006 , pending review with Ward Councillor) No discussion. Carried.

8.2 StoreHours Policies and Procedures (PED06111) (City Wide) -Referred from Planning and Economic Development Committee on November 2, 2004 . Proposal is to eliminate store hours bylaw on basis that other cities don't have one. Merulla and McHattie argue that bylaw should be retained and include Sunday. Bylaw restricts open hours between 9 pm and 5 am . Kelly, Bratina, Pearson and Whitehead speak in support. McHattie concerned about impact on small businesses and BIAs. McHattie challenges staff claim that there will be "leakage" of retail if we don't eliminate bylaw. He calls it scare mongering and Everson admits they have no data to back this up. Kelly argues for "rights of consumer to shop" when they want to. Merulla raises concerns about workers being forced to do longer hours at WalMart. Pearson says human rights are not up for discussion at the committee. Vote to refer the item gets support of Merulla, McHattie and Whitehead, but is opposed by Pearson, Mitchell, Kelly and Bratina. Vote to approve succeeds with McHattie and Merulla opposed. 25 minutes for this item.

8.3 Brownfield Pilot Project Fund (PED06103) (City Wide) Proposal will give $229,000 to developers working on Royal Connaught hotel under a special ERASE grant to help them cover unexpected costs of asbestos removal. McHattie extracts info from Marini that city is already providing $1.7 million from another program, plus $1 million interest-free loan. Tony Battaglia answers questions. Says asbestos work expected to cost $50K but now up to $910K with another $200K likely. Merulla supports but asks for expected tax take from the refurbished property. Marini says $412,000 per year. Everson argues city needs more hotel rooms. Marini says they use every possible program to help downtown. Kelly supports, speaks of steamroller effect of this and Lister in reviving downtown and inspiring more investment. Calls the $229,000 'menial contribution'. Pearson also speaks in favour as well as Whitehead who supports 'level playing field'. Carried. McHattie recorded as opposed. 21 minutes for this item.

PRESENTATIONS

7.1 Planning Departmental Strategic Plan and Work Program (No copy) Put off until after Discussion Items. 55 minutes for this item - extensive questions and criticism of department by councillors. Quorum lost three times during this item. - may be transcribed in future.

MOTIONS

Staff motion from Kelly (but he's already left) to allow staff to avoid coming back to committee for removal of holding provisions. Concerns from Merulla and Whitehead. Carried after discussion. 9 minutes for this item.

NOTICES OF MOTIONS
None.

GENERAL INFORMATION

11.1 Lottery Licence proceeds policy Hamilton (From Outstanding Business List, due April 4, 2006 , no copy) - Report delayed until June.

11.2 Clean up of CNR lands (From Outstanding Business List, due April 4, 2006 , no copy) Report delayed until June.

11.3 Letter from Lanza Court Committee respecting delays in finishing grading, fencing, manhole coverings (From Outstanding Business List, due April 4, 2006, no copy) - report delayed until June.

11.4 Added item on Stoney Creek Urban Boundary Expansion (referred back from Council at request of Sergio Manchia) will be dealt with at April 18 meeting.

11.5 Peak oil report will be presented at special COW meeting on April 27 or 28. GRIDS will follow at another COW in early May.

Bratina reported that the Via Rail committee has hired IBI (Brian Hollingsworth) to select best site "for Hamilton " for new Via station.

Whitehead wants staff to do an inventory of current use of school properties by recreation programs so council knows in advance of school disposals.