Present : Pearson; Kelly (out 3x for 34 min); Merulla (out 4x for 31 min); Braden (out 2x for 2 min); Bratina (out 1x for 6 min; absent on city business for 143 min); Mitchell (out 2x for 14 min); McHattie (out 5x for 13 min); Whitehead (arrived 10:32 - on city business, out 4x for 31 min).

Also present : Bruckler

Media : Werner ( Brabant ); Mann (CHML); Spectator not present.

CATCH: Don

Changes to the Agenda: Added delegation 4.2. Motion by Mitchell to hear 8.1 at start of meeting. Approved. In camera item scheduled for 1 pm.

DELEGATION REQUESTS

4.1 EdFothergill, Fothergill Planning and Development Inc., respecting Application forOfficial Plan Amendment and Rezoning - Hamilton Sod - English ChurchRoad

4.2  Added delegation request: Edward Graydon (Graydon Outdoor) re rooftop sign at 115 King East

Both delegation requests were approved.

8.1 Application to Amend the Hamilton-Wentworth Official Plan, Township of Glanbrook Official Plan and Township of Glanbrook Zoning By-law on lands known as 8229 English Church Road (Glanbrook) (PED06147) (Ward 11)
(Note : Referred by Committee, May 16, 2006). Fothergill addressed committee. Request for an extra house has been withdrawn. Approved.

CONSENT ITEMS

5.1 Minutes of the Task Force on Cleanliness and Security in the Downtown Core Meeting held on February 1, 2006 - For Information Purposes Only

5.2 Committeeof Adjustment (Urban) Minor Variance Application HM/A-06:35, for Property Knownas 1400 Upper James Street, City of Hamilton(PED06168) Kelly noted there are three options in the staff report. He suggests choosing number 2. Approved without discussion.

5.3 CommercialProperty Improvement Grant Program (C.P.I.G.) Appli-cations (PED06174) (Wards 1,2, 3, 4, 13, 15)

5.4 DemolitionPermit - 761 Knox Avenue (PED06177) (Ward 4)

5.5 Demolition Permit - 577 Burlington Street East (PED06176) (Ward 3)

5.6 DemolitionPermit - 1725 Upper James Street (PED06178) (Ward7)

5.8 Eligibility for Lottery Licensing of Municipal Museums and Public Libraries (PED06185) (City Wide)

Consent items approved.

PUBLIC HEARINGS AND DELEGATIONS

6.1 Application to Amend Township of Glanbrook Zoning By-law No. 464 for Lands Located at 2665 Binbrook Road East (Glanbrook) (PED06160) (Ward 11) Adding dental office to existing home. No severance or construction. No discussion. Carried. 4 minutes for this item.

5.7 LotteryLicence Proceeds Policy - Status of Reporting Procedures Service Clubs andLegions (PED06184) (City Wide) Bruckler raised concerns. Merulla moved amendment. Carried. 6 minutes for this item.

6.2 Application for a Change in Zoning from Agriculture "A" Zone to a Site-Specific Agriculture "A-81" Zone to Permit a Temporary Dwelling Unit (Mobile Retirement Unit) for Lands Located at 1143 Edgewood Road (Flamborough) (PED06164) (Ward 14) To permit a mobile unit for a granny flat for up to ten years. No discussion. Approved. 4 minutes for this item.

6.3 Applicationfor a Change in Zoning for the Property Located at 500 Glover Road (StoneyCreek). (PED06159) (Ward 11) " by Pinewood Construction, c/o Joe Italiano, owner , for a change to Zoning By-law No. 3692-92, from the Neighbourhood Development "ND" Zone to a modified Single Residential "R3-27" Zone, to permit the creation of seven lots for single detached dwellings, and one part lot for future development in conjunction with the adjoining lands" No discussion. Approved. 8 minutes for this item.

6.4 Applicationsfor an Official Plan Amendment and Change in Zoning for the Property Located at1050 Paramount Drive (Stoney Creek) (PED06167) (Ward9) " change in zoning in order to permit the development of eight street townhouse dwellings having frontage onto Mistywood Drive (see Appendix "C"). In addition, the applicants have requested a further modification in zoning in order to permit the use of a medical clinic within the existing commercial plaza." Owner: HAD Developments (c/o Al Goulding) Agent: Planning and Engineering Initiatives Limited.

Bruckler requested that this be tabled for two weeks. Issue related to affordable housing. John Ariens agrees to delay as long as he gets delegation status at the next meeting. Public meeting held and then the item is tabled. 6 minutes for this item.

6.5 Applicationto Amend the City of Hamilton Official Plan and Zoning By-law No. 6593 for LandsLocated at 1686 Main Street West. (PED06162) (Ward1) " to permit the subject lands to be developed for a nine 9-storey, 106 unit multiple residential building with ground floor commercial uses, for the purpose of providing student housing. . The subject lands presently contain a vacant 2- storey building that was previously used by the Canadian National Institute for the Blind (CNIB). The intent is to demolish the existing building in order to accommodate the current proposal. A hydro corridor with 21 parking spaces for CNIB use is located to the east. An Environmentally Significant Area is located to the north and west of the site. . The building will contain a total of 106 units to accommodate 450 students, and 8 commercial units on the ground floor. The106 units will contain a range of three to five bedrooms per unit. The proposal provides 104 parking spaces, 41 of which are to be provided on the surface and the remaining 63 spaces are to be provided in the below grade parking structure." Owner: 2098601 Ontario Inc., c/o Robert Manherz

Number of units has been increased to 107. Building will be nine storeys. Portion on west side will be protected as part of the adjacent ESA. 101 parking spaces on site - 40 surface, 61 underground. Mc H attie asks staff to outline the environmental benefits of the project. Shannah Murray : "Hamilton Conservation Authority was involved with this process as well as ESAIEG, a group that evaluates any applications that are adjacent to environmental areas. A portion of the land here - this top of bank has been staked by the Hamilton Conservation Authority, and we deemed it necessary to rezone that portion below that to be open space . untouched and unaffected. After a meeting with ESAIEG it was determined that the mitigation measures presented in the environmental statement were sufficient and as a result everyone was in support." McHattie : ".to add to that. The building's also planned to be designed using the environmental design criteria - we talked about in the past, peak oil and all that kind of thing - and my understanding is there's no buildings right across Canada that have the level of environmental design that this one will have. It's a silver, gold, platinum ranking system, and the most environmentally friendly is the platinum. And there's no platinum buildings across Canada . This will actually be the first platinum level design building, which reduces the amount of sewage that's going into our sewage system - negligible amount actually - uses a lot less water, city water, as well. So it really helps us on the infrastructure side of things. It has a number of energy efficient aspects to it, and a whole variety of things are going to be happening here that are not happening anywhere else in Canada . So it's a tremendously important project from that perspective to on the environmental side."
http://www.cagbc.org/building_rating_systems/registered_projects.php?
project_id=10320&draw_column=2:3:2&order_by=Pearson".another milestone for Hamilton ". [41:32]

Sergio Manchia of Planning and Engineering Initiatives speaking on behalf of proponent thanks staff and McHattie "for his leadership in bringing this forth and working with ourselves and the owners and I think we have a very exciting project. . something we're all striving for which is the revitalization of infill projects . on .97 hectares, of which 25% of this will be open space. . 226,000 square feet of development and within that 10,000 square feet of commercial development . this is an optimal opportunity for this city to provide needed student rentals which will in turn offer revitalization of the Westdale neighbourhood and move away from the problems that exist today which is the absentee landlord . in working with the various agencies we've had unanimous support, madame chair, from the Conservation Authority, throughout the municipal departments . two open houses inviting the members of the community . I want to stress this is a private initiative, not one with McMaster University . working with McMaster . this will be the first LEED platinum project that will be developed in Canada. . the developer has also initiated for certification of this energy environment design which combines healthy quality of life and high performance amenities and reduces all environmental impacts . very exciting project that demonstrates that infill does work and is here to stay . very proud to be associated with the project . looking forward to the ribbon cutting in September 2007."

[47:17] Ken Foster , 96 Ewen Road . Concerned ".it seems we're being asked to make concessions in just about every major area with respect to this development, so I don't see it as a great infill project. We're being asked to make concessions on height, parking, which is going to be a major issue. Some people on council feel that students don't have cars. That would be wrong. You could ride around west Hamilton . and you'll see a plethora of cars. There's major parking issues out in the west end now. . ignores setbacks in place . pre-approved the patio and I can assure you they won't be selling ice cream out on the patio, so there's going to be another issue for the residents . water and sewer . needs somebody to look at it . I've heard a lot about student housing but we all know you cannot discriminate by renting only to students - and we're starting to reap some of this on Holmes [48:58]

6.6 Application for Approval of a Draft Plan of Subdivision, "Marina Point on Baseline" for Lands Located at 1306, 1326 and 1340 Baseline Road, East of Winona Road, in the Former City of Stoney Creek. (PED06172) (Ward 11) " A. DeSantis DeVelopments Ltd. has submitted an application for approval of a draft plan of subdivision, referred to as " Marina Point on Baseline," for the creation of 28 lots for single detached dwellings, and a townhouse block consisting of approximately 73 units, in the Winona North Neighbourhood in Stoney Creek ." Agent: A.J. Clarke and Associates Limited; Area: 3.93ha (9.7 acres)

"The Planning Act requires that, in exercising any authority that affects planning matters, planning authorities "shall have regard to" policy statements under the Act. (Note: application falls under Transition Provisions of Bill 26). . Hamilton Street Railway advises that it supports walkways on both sides of all streets to and from this development to Baseline Road, that public transit service is presently provided by Trans-Cab from the HSR fixed route transfer point at Stoney Creek Municipal Service Centre on Jones Road, with no Sunday or Holiday service provided at present, and development densities and the desire of the municipality to continue to levy transit taxes will determine whether this area eventually receives fixed route bus service."

Brief discussion, carried. 8 minutes for this item.

6.7 Applicationsfor a Draft Plan of Subdivision Known as "Briarcliffe Estates - Phase 2" and fora Change in Zoning for Lands Located on the North End of Tews Lane in theGreensville Settlement Area (Flamborough) (PED06173) (Ward14) " to permit a plan of subdivision and change in zoning to facilitate the development of the lands for 12 single detached dwellings and extension of Tews Lane in accordance with the proposed draft plan of subdivision known as "Briarcliffe Estates Phase 2" Owner: Greenworld Enterprises Ltd. (c/o Jim Maraschiello) Agent: Webb Planning Consultants (c/o James Webb) Area: 7.905 hectares (19.53 acres)

No discussion. Carried. 6 minutes for this item.

6.8 Applicationsfor a Draft Plan of Subdivision, "Northampton Estates", and Amendments toGlanbrook Zoning By-law No.464 for Lands Located South of Strathearne Place andEast of Homestead Drive (Glanbrook). (PED06165) (Ward11) " to facilitate a draft plan of subdivision, "Northampton Estates", and for zoning changes, all to permit the development of an 88 lot subdivision for single detached residential in the Mount Hope Urban Settlement Area of the former Township of Glanbrook." Owner: 1612444 Ontario Inc (Anthony Di Cenzo). Total Land Area: 5.167 ha (12.77 acres) "In early 2006, it was determined by the Department of Public Works (Water/Wastewater Division) that there is an imminent problem with capacity at the Twenty Road Pumping Station and immediate corrective action was required to be taken by the City to remedy a number of overflow occurrences at the station. To deal with the capacity issue, Public Works staff are proposing to add a third pump to the pumping station and construct a new forcemain north along the Upper James Street (and Highway 6) road allowance currently under the jurisdiction of the Ministry of Transportation. In the interim, to prevent additional sewer connections into this system, a specific condition is required that would prevent new development from proceeding until such time as the third pump has been installed and operational, and the construction of a new forcemain along Upper James Street has been completed." "If the applications are not approved, the lands could only be used for the range of agricultural uses permitted under the current Deferred Development "DD" Zone."

Five citizens spoke with the main issues being drainage problems and lack of parkland. Recommendations approved. 45 minutes for this item.

6.9  Application for Approval of a Draft Plan of Subdivision, "Springbrook Meadows" and Change in Zoning for Lands Located at 221, 285, 305 and 323 Springbrook Road (Ancaster). (PED06163) (Ward 12) Rezoning from agricultural land. " amended applications for a draft plan of subdivision and change in zoning to facilitate the development of 56 lots for single detached dwellings, 1 block for a park, 11 blocks for future single detached dwellings, and 7 blocks for 0.3 metre reserves (see Appendix "B")." Owner/Applicant: Adisco Limited & 839891 Ontario Inc. (A. Di Silvestro) Agent: Urbex Engineering Limited (Angelo Cameracci) Area: 4.126 ha

One citizen spoke in support of the recommendation. 13 minutes for this item. Carried.

6.10  Application for an Amendment to the Glanbrook Zoning By-law No. 464 and Draft Plan of Subdivision, Known as "Summit Park Addition - Phase 2", Located at 134 Fletcher Road, Former Township of Glanbrook. (PED06166) (Ward 11) " Zoning Application ZAC-06-08, by Multi-Area Developments Inc. (Aldo DeSantis), owner , for a change to Zoning By-law No. 464 from the General Agricultural "A1" Zone to the site-specific Residential "R4-173(A)" Zone for lands located at the southwest corner of Pinehill Drive and Fletcher Road (Glanbrook),. for the development of a sixty lot residential subdivision, referred to as "Summit Park Addition - Phase 2" - Area: 2.76 ha (6.82 acres)

Staff report. Adi Irani for Multi-Area Developments: [ 2:11:00 ] to [ 2:19:18 ] He asks for additional decision to eliminate the cap on housing units in this area. Pearson : "I think we have some motions that will be coming forward to address your comments.." McHattie asks for a comment from staff "on that clause they have in there relating to the expressway being completed." McCabe : "These policies come out of the ROPA9 secondary plan .. And it's accurate in terms of what Adi states that only one of the road improvement have to be satisfied with respect to the environmental assessment being completed, the method of financing being approved by council, and the required road improvements being in the capital budget. These roads do not have to be completed or opened. The policy says that if for one of those road improvements, those three things have to be met in order for council to allow additional units above the cap. But it doesn't allow the full release of the cap. The full development of the Rymal Road secondary area, which is that drawing that you see on the board there, requires all of those road improvements to be in place. So we're in a kind of transition stage where there was an original cap. Council bumped it up by 50 to settle a, or create a settlement with the adjacent property owner. I can tell you that 50 units on the adjacent property, it's going to be awhile before that's developed anyway. So the question is how much more above the cap can be released. I can tell you Public Works has been dealing with this since January. They're of the opinion that there will have to be a traffic impact study to determine whether the request for 240 units is going to cause any problems. So that's what's before you today. I would, because I just saw this motion today, if this committee wishes to proceed on this, I do have some questions on a couple of the words, madame Chair." Pearson : "Shall we put the motions on the floor at this time. Councillor McHattie, you're question's been answered, I guess. I'm just trying to process this efficiently. Did you wish to put the motion on the floor, councillor Kelly at this time?" Kelly : "Yeah, I think maybe, madame chair, for the sake of the debate, so we can have something to discuss, I'll move - and I guess these are actually amendments to the staff recommendation, although I'm sure staff may want to comment on that too. But maybe I'll call it an (e) and an (f). There's a recommendation one and a recommendation two that I think you have in front of you here that address some of the things that Mr Irani talked about. Without reading the whole thing. He's already talked about the environmental assessment study. That'll be item (e) I suppose. Therefore move to accept the staff report, subject to the deletion of condition 22 of the draft plan approval conditions in its entirety, since it is not necessary to include the condition in this subdivision approval. We'll call that item (e) I guess at this stage. And item (f) deals with the traffic study that Mr Irani talked about too. And again, with the preamble that he's already included, which is on the sheets in front of you there. In accordance with section B3721F of the secondary plan of the Rymal Road planning area, the city identify further development without the necessity of the transporation studies, to include the adult community block created by Summit Park phase one, and the lots of Summit Park additional phase two, an addition of 240 units to the 550 that's already approved and allocated in the Rymal Road planning area. If I can get a seconder, we can get those on the floor. Councillor Mitchell is going to second that. So we'll put that out there as amendment to the staff recommendation and I guess leave it to you madame chair for discussion." Pearson : "Okay, on that direction, do staff wish to comment. Councillor, I'm sorry, Tim?" McCabe : ".I just looked at this wording today. In the first recommendation one - I think councillor Kelly called it (e) - first of all you are increasing the cap by 60 units with this. Okay, so let's understand that first. The last wording of councillor Kelly 'since it is not appropriate' should say 'since it is not necessary' if you want to consider this. But the recommendation two or your (f) - Adi mentioned that that adult lifestyle community, and the argument's been for seniors or adult lifestyle communities, you know they don't add to peak traffic, and that's been part of the issue in terms of the back and forth. But that 180 to 240, I would not want this committee to give 240. That requires an Official Plan amendment for zoning. You would be prejudging any future application. So this recommendation two has to have only the 240 unit - Adi just gave me a revised wording here. I never saw that. So what you're doing is you're approving a 790 new cap. So you have to understand that, without a traffic impact study. So you got that 240 that's in there should only be 180 because that's all the Official Plan and zoning allows for that. I would suggest, councillor Kelly, that 240 be changed to 180. . As I said, your recommendation number one you bumped the cap up by 60 and recommendation . bumped it up by 180 for a total new cap of 790." Pearson : "That's the motion, the addition to the recommendations of before, okay." Kelly : "In the revised edition that I think Tim just saw, they do say this is not necessary as opposed to." Pearson : "Councillor McHattie?" McHattie : "I guess I'd just like to understand why the clauses were put in place in the first place, and whether planning staff would support any change at this point. What has changed to support the change that's being requested today? If I can get a sense of that, or whether staff actually doesn't support it, which I would assume because the clause is actually in the report that we have in front of us to keep the cap where it is and ask for the traffic study." Pearson : "Tim or Christine?" McCabe : "Well madame chair I'd really like Public Works to address this issue, cause they have not supported by staff until some type of study was completed to justify that there won't be an issue. But the Official Plan policies of the council will allow it, but just going over that cap by that amount, will it cause any problems? You know? I'll let Christine take it from here." Pearson : "If we can get some direction from transportation." Christine Lee Morrison : "Through you madame chair, just by quick way of background. Public works department has been busy over the past few years in fulfilling the environmental assessment study requirements for the transportation improvements required to support the ROPA9 development area, and that includes the increased east-west transportation capacity in the way of widening of Rymal Road as well as increased north-south transportation capacity in the way of a proposed new transportation corridor in the vicinity of Trinity Church Road to connect with the Red Hill Expressway. As well as the Highway 56 improvements between the new collector road and Rymal Road . In an undertaking the class EA, the needs assessment study that has been undertaken has concluded that improvements to the east-west capacity are required as early as 2006. North-south capacity is also required and those road improvements based on the study undertaken to date are required as early as 2010-2011. However, through the class EA process, there are other traffic and transportation issues that have come to the forefront and we've met with the residents in the area through additional public information centres. What's happening is because of the lack of north-south transportation capacity in this area, some of the local roads in the Trinity neighbourhoood to the north of Rymal Road are taking volumes of traffic that exceed the function intended for those roads, which are to be local roads. They're already exceeding volumes typical of local roads. So [ 2:29:18 ] it is our recommendation that the cap not be lifted unless there are specific traffic impact studies as per the secondary plan policy to support those, given as I said the work has been done on the class EA studies." McHattie : ".that sounds like a concern from an infrastructure development. I know this is a phased development and the whole idea behind this is that it would be phased in conjunction with, as the infrastructure comes on. The example of the expressway that we're talking about today, so it sounds to me like we're jumping the planning process here, and it's certainly a concern. Just one little clarification here. If we go with the suggested chagnes put on the floor what does that do to the Official Plan? Is there a change to the OP and of course if there is there may be a public meeting.." McCabe : "No there is no change required to the Official Plan, zoning or the conditions . its an administrative process that is dealt with by staff and council together." McHattie : "So to me it doesn't seem like it's in the public interest to make this change. It may be in the private interest, but it's not in the public interest. And I suggest that's why we're here today is to deal with the public interest, so I would certainly oppose that amendment." Pearson notes public portion of the meeting still has to be held, but allows Braden to speak. Braden to McCabe: ".the reference you said that at some point we may need to have an amendment to the Official Plan in order to do something, and I just wasn't clear on that." McCabe : "The adult lifestyle community . between 180 units and 240 units. The official plan, the secondary plan which is an official plan and the zoning will only allow for up to 180 units." Suggests motion "not go past that 180 or you would be prejuding a future application at a public meeting. .. I was saying all this because I didn't have a revised version from this morning. So this 240 units in this revised .which you have before you includes the 180 max which was my concern, plus the 60 by waving the condition on the report you have there,so that wouldn't be an official plan problem." McHattie : "Just a point of process, madame chair, we don't even have this before us. The councillors here on planning committee don't even have the change, the new amendment, so it appears to have come" interrupted by Pearson : "Was it not given out to all of the councillors? I'm not aware of that" interrupted by McHattie : "I don't have that". Pearson : "The motion was brought forward by councillor Kelly, seconded by councillor Mitchell. That was the amendment, correct. [comment off-mic] I was under the impression it was also, so." McHattie : "We don't have it, so." Pearson : "Is it possible to get it before the committee members while we have the public here?" Bruckler : "Going before the public for the staff report, or for the proposed amendment here. I'm just wondering if." Pearson : "Well on the staff report we're asking the public to come forward. And this will be an amendment to it. This is an amendment that was brought forward this morning in addition to two sub quanta. But we can do the public portion as to the issues to what was put on the table." Bruckler : "At what point in time then would the public be able to comment on the amendment." Pearson : "That was just put forward? Correct? Madame clerk can you clarify." Clerk : "Thank you madame chair. I'm sorry I was out of the room while I understand some copies of these were distributed [ 2:34:00 ] rather than to know this was before all members of committee and could I get that clarified?" Pearson : "Councillor, it was given to councillors this morning. I was under the impression all the councillors had this as the motion coming forward. If that's not the case let's get it clarified now." Clerk : "Through you madame chair. This was not one of the items that I mentioned in the changes. Clerks has not seen this til, shall we say, just a few minutes ago, so I just wanted clarification if it had been given to members of committee while I was out of the room." [discussion off-mic] Pearson asks Irani to speak. Irani: I believe this was a motion that was passed by councillor Kelly and he had a copy of the recommendation, and we provided additional copies of the recommendation if you want to distribute them now so that people have something to read while they're considering that . [more off-mic discussion between the clerk and the chair]. Pearson : "Yes, madame clerk, when you leave the room, we can't carry on the meeting. Okay. [off-mic discussion] What's the wish of committee. We have a public portion that we have to do. Okay. Because it has been advertised, duly advertised, and we will carry out the public portion of this meeting and then we'll go back into committee and deal with the amendment being put on the table. Okay?" Pearson issues formal invitation to public to speak. "On the report as was presented this morning." No one comes forward. "And now I'll go back to direction from the clerk and committee." McHattie : "I would like to move to table this item for two weeks to the next planning committee meeting so we can have the proper motion in front of us ahead of time. And I'd also appreciate staff's written comments on that at the next meeting. So I'll move that." Pearson : "So you're moving that. Seconded? Councillor Braden. We have a tabling motion. There's no debate on a tabling motion. All in favour? Two weeks. All in favour? Carried. Opposed? That's passed. [2:37:20] [Kelly and Mitchell voted against the tabling motion, not clear how Pearson voted. Tabling was supported by McHattie, Braden, Bratina and Merulla] Mitchell : "Madame chairman, I never did get to make my - can I make some comments about that?" Pearson says its passed. Mitchell : ".I know maybe councillor Bruckler might want to make some too, but I drive this Rymal Road absolutely everyday and I also get all the complaints from the public and care very much about what the public feels. And this proposal, that phase that's there, we have a prevailing west wind. And I strongly support that adult lifestyle corner going forward at this time so that my phone doesn't ring off the wall when the west wind carries all the dust and dirt [2:38:07] and nobody can tell me it doesn't because my phone rings off the wall from every development I've got in ward 11 about dust and dirt and spray and so on. So that's one reason why I support it. The other reason that I support it is councillor Bruckler and I have had all kinds of meetings with traffic and what not about closing Mount Albion Road which is got to eventually happen. Well this addition takes the road inside the development and brings it out to Fletcher Road and people can come in at a signalized intersection. That is a whole lot safer than what's taking place here now. So I support that road being brought through so all the people can access a safer way than coming out with Mount Albion Road which is driving the public crazy over there right now and the phone's ringing off the wall over that. So this is about public safety. It's about doing the right thing for a phase that helps have lessphone calls coming in here and less grief in the future. And that's why I'm supporting the recommended change because I'm going to wear it if we don't develop this way." Pearson: "Well councillor we're taking your comments. I know I was out in that area and I know exactly what you're saying, but we have tabled this for two weeks. We'll get the information from staff and hopefully we can deal with in appropriately at the next meeting. Okay? That concludes the public portion of" interrupted by Irani: "Can I ask to be a delegation at that meeting, please?" Accepted by the committee. ..

32 minutes for this item.

PRESENTATIONS

7.1(a) Brian McCarry, Chair, Clean Air Hamilton and Professor, Department of Chemistry, and Stephen A. Jarislowsky Chair, Environment and Health, McMaster University (No Copy)

7.1(b) 2004-2005Clean Air Hamilton Progress Report (PED06182) (CityWide) ( Note : Due to bulk, the 2004-2005 Clean Air Hamilton Progress Report is not included as part of this staff report; however, the Table of Contents and Executive Summary are attached for information. Copies of the Report are available in the Office of the City Clerk, 2 nd Floor, Hamilton City Hall , for any interested parties, or is available electronically on the City's website.) Full report is now available on the Clean Air website at http://www.cleanair.hamilton.ca/downloads/CAHProgressReport20042005.pdf.

[ 2:41:59 ] [Kelly and Merulla left meeting at start of this item. Kelly was gone for 23 minutes, Merulla for 14 minutes] Brian Montgomery introduces Brian McCarry. Notes he is winner of Canadian Geographic gold award for 2005. McCarry : ".in terms of health assessment, there are really a significant impact on it. The number of premature deaths is roughly around 100. That's a very conservative number. I wouldn't even argue with the number of 200. And there's also a large number of people who are showing up in hospital with respiratory and cardiovascular problems. . The trends in some of [the parameters] are kind of depressing. The trends in oxides of nitrogen and PM are roughly flat. The number of people in the city and the amount of driving, and in spite of the fact that the cars and trucks have gotten more efficient, there's actually more cars and trucks driving on the road. The transportation sector is the dominant for oxides of nitrogen . the real depressing trend - the only one that's really increasing locally - and this has nothing to do with us but has to do with North American lifestyle - is ozone. You see it goes up and down by year but overall the nominal trend has been increasing and last year was a banner year for ozone unfortunately with the smog events. Particulate material has been essentially flat. We see it higher in the industrial areas . coke oven emissions have also improved a great deal - not only some of the ovens have been shut down but the ones that are left have been improved substantially . speaking about air quality and transportation. People tend to focus on industries a lot. There's no question that industry is a contributor. The stack emissions are one source; the fugitives - kinds of dusts - but we really need to focus on transportation - the car and truck activity in the area. And oxides of nitrogen are really a major factor along with particulate matter. And the mobile monitoring studies that Denis Corr has led really have brought forward some very interesting trends. . typical residential area . but if you go down to a road average, just many areas on not the major roads, just typical four-lane roads you'll see that the levels go up by about a factor of five in terms of the oxides of nitrogen, and particulate matter by a factor of two. .. So if you're in the area of major roads, or if you live near a major road, your exposure is much higher than the nominal average of a residential area. What needs to be done here? Overall the particulate material, oxides of nitrogen and ozone are the primary drivers for health effects and impacts. And if you can make some headway in terms of controlling these sources, then you require a very broad based education campaign, move to much more efficient vehicles, increase street sweeping. The whole issue of improving various developments, but the notion of going to more compact, sustainable urban developments really does cut down the overall emissions. Investment in public transit will cut these down. Street sweeping initiatives to clean up the roads. [ 2:50:28 ] Issues like track-out . some of the levels of PM10, PM2.5 levels in the industrial are spectacular high mostly due to track-out from industrial sites. What people can do? They can improve their vehicle efficiencies. They can improve their home efficiences. They can move to alternative fuels and new technologies. These are long term big picture things ." Also notes need of governments to phase out coal fired power plants.

Whitehead asks about specific Mohawk and Upper James intersection. McCarry says it depends on several factors. "The main point is that when you're near a major intersections and there are cars turning and idling, you're getting very substantial impacts. The cars pick up and drive away and 20 seconds later the levels drop down again. Traffic light goes red - the levels go back up again. These are just snapshot pictures taken from the mobile monitoring. This doesn't mean that Mohawk and Upper James is three times cleaner than the Cannon Street site.. I guess the major thing here is that the residential areas are cleaner than almost any of the major roads . Whitehead asks about impact of heavy trucks. McCarry says yes. "Cars and trucks have essentially the same emissions except for particulate. The particulate ratings for diesel are about ten times higher than cars. So if you're on a major road like Burlington Street . the particulate levels on Burlington Street are sky-high . and also because of the road dust .

Bratina "Terrific report. Maybe the most important report of all for a city in which people hope to live and breathe and exist. . Would you say generally that smokestack emissions have gone down and have improved substantially over the past decade?" McCarry : "That's a good question. My guess is that the actual stack emissions probably haven't decreased a great deal because the companies are still making as much as they were. If you look at the NPRI report for the major companies, their numbers really haven't changed much." Bratina : "What about the coke ovens?" McCarry : "Coke ovens have improved a great deal mostly because the really old ones - the Stelco batteries that were taken out in the early nineties; number 6 taken out in the late nineties; and then number 7 battery was refurbished to the tune of about 130 million dollars . the companies also have been doing much greater maintenance on the system . I'm not saying they don't have farther to go. They do. Coke ovens in Hamilton, the emissions are higher than some other sites in other countries, other facilities ." Bratina notes "there are 30 blast furnances in North America - one in Pennsylvania, four in the city of Hamilton" Says his info is great improvements over the last quarter century. McCarry agrees "But if you ask the question are there major improvements in the past 15 years, probably not so much. It's just that the facility is so expensive, you're spending $100-300 million per facility. It's not really worth fixing up . there were some huge improvements made between 1970 and 1985. Since then unfortunately things have plateaued ." Bratina : "What would you say to the assumption that more expressways will reduce pollution?" McCarry : "There's no evidence that expressways do reduce pollution. The trouble is that if you look in Toronto the levels of nitrous oxides have continued to rise. They've sort or plateaued the last couple of years. What's happened across Ontario as the cars and trucks have become more fuel efficient and lower emitters, the number of miles driven has gone up dramatically. So in the last 30 years its gone up by a factor of four, whereas population's only increased 35-40%. So overall roadways - there's no question that there's higher levels of pollution within a half kilometre of a roadway. That's been established time and time again." Bratina : "I had a conversation with an individual who sweeps an industrial property with a mechanical sweeper and the information is that you measure the amount of material taken up in tonnes. And there's a site . and I checked through planning - that has added two substantial pieces, or buildings on the property, but there has been no building permit issued for those constructions. And that particular site is loaded with track out to inches deep on the surfaces around the property and so I'd like to ask staff what measures can be taken to ascertain if building permits were issued for those facilities, and if permits weren't issued for those facilities what measure can we take. The other part of this, Brian, on building permits and additions - as I understand it and I could be corrected by staff - that we're able to get those developments to pave the surfaces and cleanup the issue that creates the trackout in the first place. So I'd like to know if it's true that in this instance those two installations were built without permits - that we can go after them and insist that they pave those surfaces . it's occuring in the far east end of the city where I understand, Brian, that your data shows that that little old Windermere corner is quite a dust problem." McCarry : "Well one of the reasons for doing the study was to determine what was the source of the particulate in that area. We know it's a very dirty area. . So we've identified road dust as a major issue . it's really something for the city to pursue." Bratina : "Thanks, I'll take this up with staff." Pearson : "That's what I was going to suggest, councillor, because I doubt very much they would have the information here today." Bratina : "Well I would like to know what you do to companies that build without permits." Pearson : "Well if you wouldn't make - the question off line, and then maybe we could get a report."

McHattie reminds people that it's commuter challenge week and that he took a bike ride today and walked into city hall from his home. "Let's try and break the record for the best municipality on that . I look at the number of premature deaths and cardiovascular and respiratory hospital admissions and it really seems to me that this is an epidemic - of epidemic proportions. Particularly when we compare the information we received last week at the Board of Health around the West Nile - which is a very important issue, but it's had one death in the last five or six years and the amount of resources that the city is putting into that is extraordinary. So at some point we're going to need to wrestle with that at the Board of Health level, at the public health level. And I'm hoping that the report that I know Brian [ Montgomery ] is working on will reflect public health interests and we'll be able to get action at that level as well. Plus I know that we need the province to look at the health determinants at that level in order for that to occur. I guess each year we receive the report, and I know we all express outrage and all that sort of thing, but looking at the recommendations, Brian, in your report, on page 31 . and I guess I get frustrated as to what we can do as a city. I know a lot of the stuff is MOE in terms of controls and stacks and that kind of thing. . Maybe I'll ask Brian to comment what he thinks the most important things the city can do and looking at Brian Montgomery as well to certainly include some of that in the report that's coming up from staff in the next month or so." McCarry : ".Sustainable urban development - there's no question that higher density urban development . this really will mean that the number of trips driven, the need for people taking trips as opposed to walking or cycling instead of using automobiles. There's no question that automobiles have the number one biggest impact in a major city. Hamilton 's a bit unusual having the major industry and its very easy for people to duck under the industry's banner . that's one issue. Invest in public transit as well as keeping the fares low and keeping the people who need to use the transit and making the system as extensive as possible. We really - and educating the public. I think a big issue, especially for an outfit like Green Venture - their activity to educate the public, . personal commitment - if I do this then this happens. . street sweeping, both on regular roads as well as on these heavily used industrial areas. The industrial areas are certainly particularly bad, but the whole issue of street sweeping - keeping particulate levels is a city responsibility in that regard. The other thing, and councillor Bratina referred to it, is getting stuff off the roads that doesn't have to go on the roads . education about idling. This is another pretty critical issue . the mobile monitoring report showed that if you sit near somebody who's idling a diesel school bus, or whatever, it's producing a lot of emissions. It's also been shown in a number of jurisdictions that coming along and bumping people with fines doesn't necessarily work. I think that anti-idling or idling your vehicle is going to be like smoking in public in about ten years. People are finally going to get the message and realize that they have to shut off the car and diesel trucks. People idle their car in the same way they used to blow smoke in your face twenty years ago. So it's just not acceptable. . Fuel efficiences for vehicles, I mean, the fleets, the city owns a large number of vehicles, both in terms of buses as well as a large number of trucks, so those are things you could do. Advocacy for alternative fuels. Going down the list here, and the city could have an impact just about everywhere. The last two are things the city probably can't do directly - the city doesn't really have a big impact on the industrial area formally, except the trackout issue. Most of those are controlled by the Ministry of the Environment in terms of emissions to the atmosphere. So the city could put pressure on a number of the companies. With Hamilton Air Monitoring Network, there are a number of companies in the city who are not members of that, and . considered to be significant sources of particulate material because of their operations. And we're trying to educate those companies, get them on board, and the city could help us there as well. Last one is probably a political one and that is to put some pressure on the local states as well as on the US government to make a move to recognize that coal fired power plants - a move back to have those things emitting as they were in the sixties and seventies is a pretty retrograde step in our view. ."

McHattie : "Okay. I think we really need the details. I'm looking to Brian Montgomery for his report - that's the city's response. . We have street sweepers . but I really don't have any sense as to how they're attacking the big issue . what are the hotspot areas . do we have enough streetsweepers, do we have the right ones . fugitive emissions from the coal piles, tracking out issues, etc. . I always feel a little bit futile, if you know what I mean, in terms of making a meaningful response. We continue to see the smog days and also I know we're hearing some things, but I don't any sense of the progress. I'm thinking of the Remedial Action Plan process - we had targets, and we had intermediate steps we were taking and we knew when we were going to get there, we knew when we could delist the area from fugitive dust perspective. You know, that kind of concept. So that's what we need, is those kinds of details" interrupted by Pearson : "I have Mr Mason that I think wants to comment with regards to street sweepers, I think." Mason : "I just want to set a context for the work that Brian [ Montgomery ] is doing in the climate change and air quality strategy that we're intending to bring before council. As councillor McHattie indicated, really this kind of issue requires a RAP type of response, and that is a response that involves many different players who clearly understand the full breadth of the issues, but also what their role is in each of those issues. And an agreement, a direction as to whose going to lead the charge on what issue. And essentially what we're trying to do by the report that we're attempting to finalize for the committee is the first phase of that. Essentially how are we going to look at air quality and climate change issues - all the various factors - so we're all talking about the same thing when we open our mouths and say those words. How are we currently organized, like who's doing what and who's not doing what. And who within particularly the corporate environment of the city, which department or program area is the logical leader in that area. Obviously Public Health has a significant role in certain aspects; planning has long maintained a role, particularly in the research aspect. So essentially trying to organize the full scope of the issue so that council can make some strategic decisions about how we're going to get ourselves organized. The second phase, I think, is more - were not producing this year; we're working on its subsequently - is to have those various components of the corporation to drill down on exactly the issues that councillor McHattie is talking about to provide some sort of response about adequacy of street sweeping, adequacy of bylaw enforcement, those kinds of things. But that would come in a subsequent phase. I just wanted to make that clairification."

McHattie : ". one last question . the backyard tree planting program, your work in the past . is that funded for this year as well?" McCarry : "Yes. . heritage tree planting program in collaboration with BARC and others. . I agree that air quality is a public health problem. One of my personal frustrations is that you get a lot of money and time and effort being put into traditional classical things that health departments are concerned with = microbiological pathogens, that sort of thing. No problem. We do have an issue that we know about - Walkerton - but there's a lot of people having a lot of difficulties with air and people passing away. There's no easy way out. I agree with the frustration. It's a real public health issue and it would be very nice to see 120 less deaths in Hamilton per year, and we can achieve that."

Merulla asks what part of Cannon Street the air numbers came from. McCarry says its "sort of an average . the full data's in the air monitoring report that's an appendix to the report. . van would start typically in the east end of Hamilton because that's where it's sort of located, and drive around, and make it's way through the core for an eight or ten hour day." Merulla asks if it extended onto Britannia. Denis Corr responds from the gallery without a microphone and says it was a very short study, "very broad brush and it gives you a very rough idea of what's going on" McCarry says Cannon was not different from other major roads. "What we did notice was that on the major roads the levels of oxides of nitrogen were significantly higher than residential areas. .. When we look at the data for many of the monitoring stations - those in Hamilton and other cities - they're typically set well back in residential areas. ." Merulla notes that Cannon is not industrial and not within half a kilometre of a highway. "Would you have some traffic congestion issues which generally recorded these increases". McCarry agrees. Merulla : "Then with respect to your earlier comment, if you have an expressway and it takes that traffic and takes it away from that core, would those numbers not decrease?" McCarry : "Formally, yes, but people do travel on the internal roadways of the city, and traffic levels don't tend to decrease very much. If you had no highways, I suppose you'd have a situation like the city of London where you've got terminal congestion." Merulla : "Like Barton and 20?" McCarry : "When traffic moves at fairly efficient, semi-quick, and the levels are at one level. When you get into a congestion mode . then the levels really do go up." He also agrees with Merulla that the expressway may reduce congestion on highway 20.

Braden asks about peak oil and energy incentives. "What can we expect from the two areas here that we're talking about? One is industrial and the other is transportation. What do we project? Are we going to make headway on either one of those things when the price of energy gets a bit more expensive?" McCarry : "I'm not a peak oil expert and I've heard pretty high numbers before people really start to get out of their cars. You look at Europe where you pay two and a half times what you pay here, the number of miles driven is a bit lower but people still drive a lot. It will have to be a phenomenal disincentive before people give up. ." Braden asks about diesel buses versus natural gas ones. McCarry says diesel are still dirtier. "The absolute newest one will probably be still a bit dirtier . Natural gas buses are still pretty efficient and clean." Braden : "You mentioned sustainable urban development. I want to talk about sustainable urban form. Would you have anything that you could bring, or you know off your head, to say that if you had a permanent . the reduction of all these really unsettling statisics would be such? Is there anything to say . A equals B, so that you get a handle on rather than saying you should just do it, because we don't respond to the shoulds?" McCarry says he's not an urban planner but has thought about it a lot. "There's no question that in certain areas, particularly places like Portland Oregon, Seattle Washington, places that have adopted a very progressive urban planning strategy, fixed urban boundaries, higher development densities, centred around transit like they did in Portland, that overall emissions are kept lower. People tend to move there, and they like moving there because of the fact that they can get everything they want and get around the city. There's enough literature about major North American cities on how to do this. I don't profess to know that but we've brought people in for various conferences to talk about exactly these issues. .." Braden : "I just want to say, this is the kind of information this city needs - it's locally provided; it's in a language that most people can understand; and it's just - we get all excited about cars and we should and you just look at the statistics because we're actually talking about deaths. And this thing is just thousands of times more important but somehow we're getting complacent about it.."

Bratina : "Brian would you see value in a better media - I hope I'm not out of order on that - assistance in this. For instance, any given day you hear about the humidex, the temperature in Whitehorse , five days from now it's going to snow, the jet streams going this way - and unless there's a 100 air quality day, you never hear about it. So would you see value in this committee recommending to council to ask the media to use this index - at least from one point, say number 40 or some arbitrary point that we'd pick. Do you see value in that?" McCarry : "The air quality index is an interesting number. There is a move now to a health based air quality index, and there's certainly value in having anything from the city to assist in getting the message out. And the one other thing I'll say is that the current view of many people people is that it's a step function and when you go from 31 to 32 you go from being good air to bad air. And in fact 31 is just 31/32nds of the bad air, so I think it's a gradient."
Pearson : "I apologize but we have a lawyer here who's only coming in on his break from an OMB hearing. So we really have to stay on schedule. Mr Corr, you wanted to speak?" Corr speaks from the gallery off-mic.

Pearson : "Thank you everyone. I just want to put a couple of comments forward. I really appreciate the presentation. I think that the information is always valuable and we can't get enough of the information to the public. Couple of things I just wanted to put forward. Technology is changing in vehicles which is a great thing. I know there's vehicle lines coming out that actually vehicles stop after a certain time so they don't idle, and have electric starts which is great. We all have to work together and just a situation that I came upon about a month ago in my ward is the Ministry having crews cleaning the ramps going onto the highways. And as a matter of fact I called the Ministry because the dust cloud that was being emitted from this equipment - a transport truck you would not have seen if it had driven through it. So we really all have to work together. And finally I just want to comment on the commuter challenge. I hope everybody take it up. I'm going to try bike in tomorrow morning, and take the bus home today. And just so you know, I did represent the mayor at the kickoff of the commuter challenge last Thursday morning and we do have a challenger in McMaster University which is coming on stream this year. So I hope everybody does their bit.." Asks for a motion to go in camera. Clerk intervenes: "Madame chair, are we going to go in camera and then hear Brian Montgomery afterwards?" Pearson : "My apologies. I think we're going to have to. How long do you have Mr Zuda [city lawyer]?" Answer is off-mic but chair asks Brian Montgomery to proceed with his presentation.

Montgomery : "...let the committee know that staff does support the work of Clean Air Hamilton. We're continuing to work with them this year on a number of projects in 2006, not only partnering with Clean Air Hamilton but also the Ministry of the Environment and the federal government on a number of these issues. For example, street sweeping along heavily used corridors, there is work underway with the Ministry of the Environment on a fugitive dust abatement strategy, which does have industrial representation. The Ministry of Environment is meeting with a number of stakeholders, the Port Authority inclusive, looking at actions that we can undertake on those measures. The idling strategy - we are undertaking an anti-idling awareness strategy with Green Venture that will be taking place shortly. We're also always advertising for improved energy efficiency in vehicles and homes through education as well as the reduction from the industry sector - again we are working with the Hamilton Air Monitoring Network. I know I do receive, as the air quality coordinator, a number of complaints from the public on specific industries that I work my best to assist them on but also to ensure they know that they can approach their councillors as well if there are issues sort of beyond my mandate as the air quality coordinator. The recommendation from staff is that we receive the annual report from Clean Air Hamilton and staff is from - and I can just speak on my department, but all departments involved - are reviewing the recommendations of the report. And we will, as I said, work with Clean Air Hamilton to make improvements in local air quality."

Braden : "Just a suggestion, and I don't want this to sound like I have a conflict of interest, but I declare that anyway. I'd like to see our building department deal very directly and radically with the idea of home heating with regard to less permissive or getting at the top of the line or something else. And I think as well they should just see what the interest is. Fleet management . it should promote a tender process where we're going to move to the next generation, past the local hybrids, either the plug-in hybrids or straight to electrics. I mean if we are really going to walk this walk, then we ought to do it. I don't think we have much time to sit around. And again I'm involved in both of those industries, but there's competition out there, so I don't think there's a conflict. But I'm interested in immediate steps. We can't wait ten years and pat ourselves on the back by thinking oh we're talking about it. I can't say that more clearly."

Motion to receive the presentation passed. Motion to move in camera to hear from lawyers on a matter currently before the Ontario Municipal Board. [ 3:29:15 ]

Item took 47 minutes.

PRIVATE AND CONFIDENTIAL

12.1 Legal Update - West Harbour O.M.B. Hearing. Committee went in camera at 1: 02 pm. CATCH monitor was not present for remainder of the meeting.

DISCUSSION ITEMS

8.2 GoodShepherd, 143 Wentworth Street South - Relief from Cash-in-Lieu of ParklandDedication and Building Permit Fees (PED06156/FCS06050) (Ward3) (Note: Tabled by Committee, May 16, 2006)

8.3 CityInitiative CI-06-B to Amend the Official Plan Open Space and Parks Policies andCreate New Zoning By-law Regulations - Urban Area Only (PED06152) (CityWide) (Note : Referred back to Committee by Council, May 24, 2006)

8.4 SignStudy and By-law - Final Report (PED05172(a)) (CityWide) ( Note : This report is included in this agenda package FOR INFORMATION PURPOSES ONLY. A special meeting of the Committee is scheduled for Tuesday, June 22, 2006 at which time this report will be open for discussion and debate. Copies of the Report are available in the Office of the City Clerk, 2 nd Floor, Hamilton City Hall , for any interested parties, or is available electronically on the City's website.)

MOTIONS

9.1 JamesMacDonald School, 200 Chester Avenue, Hamilton (Councillor T.Whitehead)

NOTICES OF MOTIONS

GENERAL INFORMATION

11.1 Outstanding Business Item G - Clean up of CNR Lands - Due Date: June 6, 2006

11.2 Outstanding Business Item S - Demolition Practices in the City - Due Date: June 6, 2006

11.3 Outstanding Business Item AA - Volume of Business at Committee Meetings - Verbal Update