Council

 


February 25/04 Report
7:00 pm

Council Members:
Mayor Larry DiIANNI 
Ward #  1  Brian McHATTIE 
Ward #  2  Andrea HORWATH 
Ward #  3  Bernie MORELLI 
Ward #  4  Sam MERULLA 
Ward #  5  Chad COLLINS 
Ward #  6  Tom JACKSON 
Ward #  7  Bill KELLY 
Ward #  8  Terry WHITEHEAD 
Ward #  9  Phil BRUCKLER 
Ward #10  Maria PEARSON 
Ward #11  David L. MITCHELL 
Ward #12  Murray FERGUSON 
Ward #13  Russ POWERS 
Ward #14  Dave BRADEN  (absent)
Ward #15  Margaret McCARTHY

Members of the Media present :

Hamilton Spectator  - Andrew Dreschel (in before meeting started;  stayed until after In Camera Session)

Brabant - Kevin Warner (in before meeting started; stayed until after in Camera Session)

2 other media people

Staff present that answered questions through the Mayor:
Peter Crockett, General Manager of Public Works
Bill Fenwick, Director of Culture and Recreation
Michael Guthro, City Legal Services
Joseph Rinaldo, General manager Finance & Corporate Services


National Anthem
Prayer:  Was to be by Major Ken Ritson, Salvation Army.  However, Mayor Ritson was not able to be present;  In his stead, Major Harry Manfield, (became involved with the Salvation Army in 1984 in Halifax, where he had been doing a lot of street patrol in Halifax reaching out and helping the homeless)

1) Approval of the Agenda - the following 3 items were added, before approval:

        a) issue of Stackplole Limited's application for relief from Zoning by-law, for installation of nitrogen tank at a proposed automotive part manufacturer (supported by City planning staff); being appealed by International Union of Painters and allied Trades to the Ontario Municipal Board

        b) City's interest in Dr. J. Edgar Davey School site

        c) Request for Veteran's Memorial Park Option be excluded in the request for tenders at this time

2) Declaration of Interest

-none

3)  Ceremonial Activities

3.1  Ontario Public Works Association Project of the Year Award

        - Recognition by City Council that 3 members of public works staff for the receipt of the Ontario Public Works Association Project of the Year Award for their work (under direction of Chris Murray) on re-alignment of water course going through golf course on the mountain.  These staff are also working on Red Hill Expressway Project.

        - Mayor DiIanni quipped about Chris Murray:  "I didn't think we let him work on any other project."

3.2 (not on agenda, but Councillor Ferguson passed on a note to Mayor DiIanni to announce)

- Mayor DiIanni congratulated Councillor Chad and Mary (?) COLLINS on the birth of their first child, a boy, "Chase," born Thursday, Feb. 19, 2004.

- Councillor Collins thanked the Mayor and fellow Council members for their well wishes

4)  Minutes of the meeting of City Council held on:  Wed. Feb. 11, 2004  (Mitchell / Morelli) adopted

5)  Communications  (Collins / Ferguson)

        5.1 Note of thanks from Chief Paul, Marten River Volunteer Firefighting team in appreciation for donation of a breathable air compressor system. Recommendation:  Be received for information

        5.2 Resolution received from Brenda Hamilton, Clerk, The Corporation of  Loyalist Township respecting Community Reinvestment Fund Recommendation:  Be received and referred to the General Manager of Finance and corporate Services for a report to the Corporate Administration Committee

        5.3 Correspondence from Regional Municipality of Halton respecting Discussion to investigate Waste Management Facilties Partnership Opportunities with the City of Hamilton and Regional Municipality of Niagara. Recommendation:  Be received and referred to the Disposal Planning Partnership Joint Working Group

6)  Committee Reports

    6.1 Public Works , Infrastructure and Environment Committee, Report 04-006, February 16, 2004 (Collins/Ferguson as amended)

    6.2 Planning and Economic Development Committee, Report 04-004, February 17, 2004 (this was distributed at the Council meeting) (Kelly/Jackson)

    6.3 Corporate Administration Committee Report 04-005, February 18, 2004 (Ferguson/Collins)

    6.4 Strategic Planning and Budgets , Report 04-003, February 18, 2004 (Jackson/Kelly as amended)

        with the following Motions (note Motions 7, 8, & 9 moved by Ferguson/ 2nd by Collins to adopt - carried) added:

                7. Hamilton Cultural Carnival Committee Mardi Gras Festival Funding (City Wide) (GRA04001(a))

                    - That the Report (GRA04001(a)) be received for information

                8.  Hamilton Cultural Carnival Committee Mardi Gras Festival Funding (City Wide (GRA04001)

                        a)  That the immediate grant request by the Hamilton Cultural Carnival Committee for the Hamilton Mardi Gras Carnival for $8, 400 [note taker suggests that it shows as $84, 000 on the motion, but should be 8, 400] in funding each year , for five years, be denied

                        b)  That an advance in the amount of $8, 400 be approved for the Hamilton Cultural Carnival Committee Mardi Gras Festival, to be funded from within the Special Events budget of the 2004 Grants budget

                        c)  That the 2004 Community Partnership Program application for the Hamilton Mardi Gras Carnival be considered with the other received applications as part of the regular approval process

                 9.  Request for Advance Community Partnership Program Payments (City Wide) (GRA04006)

                        - That staff be authorized to continue to provide advance monthly payments to 2004 Community Partnership Program applicants as per Table One (not shown in these notes - not sure where on City's website it is - contact City Clerk's Office?), as amended,abased upon 2003 Community Partnership Program funding levels, commencing with a payment for the first quarter of 2004 (January to March).

    6.5 Community Services Committee , Report 04-004, February 24, 2004 (this was also distributed at the Council meeting)

DISCUSSION about Committee Reports:

-----  6.1 (#3) - Councillor McCarthy wanted it to go on record that she was opposed to large PVC water main pipes (diameter 30" a.k.a. 750mm) being used, as she has received information that indicates that the use of these may be considered a risk to private property 

-----  6.1 (#5) - Councillor Bruckler  Referring to Public Works Item # 5 "Hamilton Municipal Golf Courses - Proposed 2004/2005 Rates and Fees and Preliminary Year End Financial Analysis (PW04019/FCS04038), and specifically to part (b) "That the proposed rates and fees for the 2005 season for the Hamilton Municipal Golf Courses, as per Appendix "A", be approved" as it addresses part (c) "That a weekend rate for senior and junior green fees golfers that is in-line with all other green fee rate increases during weekend times, as shown on attached Appendix "A", be approved"

AMENDMENT: Councillor BRUCKLER moves to delete #5(b), as it is far away into the future, that staff will come back to council in 3rd quarter of 2004 for 2005 rates (Bruckler / McHattie)

- Councillor JACKSON said that in proposing rates for 2005 now, staff simply trying to provide continuity and commitment for operations of municipal golf courses.  He noted that the city lost about half a million (I'm pretty sure this is the correct amount) in 2002 because of the uncertainty the public, and that there were about 5000 members @  what would have been $1, 000 each that did not renew their memberships.

- POWERS noted regarding Hamilton Municipal golf course should also say that Chedoke ski hill is dead

- MERULLA asked about expenditures and revenues (which note taker was not able to follow too well, but think it goes something like this:  expenditures are $300, 000 less than revenues ($600,000 if the capital contribution is not included) - I'm no accountant, so the lingo as a bit beyond me.  But, please refer to Hamilton City Website:
http://www.hamilton.ca/Clerk/
agendas-minutes-reports/public-works/2004/Feb16/PW04019.pdf

Table 1 Summary of Expenditures and Revenues in the Preliminary 2003 Golf Year End Financial Summary (which is on Page 6 of this document - Hamilton Municipal Golf Courses - Proposed 2004/2005 Rates and Fees and Preliminary Year End Financial Analysis PW04019/FCS04038 )

- so, it was suggested that part 5 of the Public Works report be given to staff to comment

CARRIED (as amended)

---- 6.3 (#7) - Councillor Pearson   referred to the Ward Budgets Item of the Corporate Administration Committee Report in complimenting Councillor Ferguson on his leadership and direction in helping members of this committee come to an agreement as to the issues of Ward budgets.  Praise to Councillor Ferguson was also given by a number of other councillors for his work, notably Kelly, Powers, Merulla, Whitehead and Morelli.

- Mayor DiIanni reflected on these comments and said that he appreciated the cooperation and consensus that was forged under Councillor Ferguson's efforts

- all in favour of the report - CARRIED (unanimously)

--- 6.5 (#1) Councillor Morelli   referred to Item #1 of the Community Services Committee Report "Mohawk Sports Park - Four Pad Arena Development (HCS04002a) (Ward 6) (which, because were handed out at the Council meeting - I don't see it up on the web yet, so I have typed out Item # 1 below for reference)

"Item #1 of the Community Services Committee Report "Mohawk Sports Park - Four Pad Arena Development (HCS04002a) (Ward 6)

RECOMMENDATION: a) That the Mohawk Sports Park -Four Pad Arena Development Project be pre-approved from the 2004 Capital Budget at a total cost of $17 million and funded as per the 2004 capital budget submission:

b)  That the establishment of the following reserves be approved:

        1)  Four Pad Arena Capital Reserve

        2)  Four Pad Operating Stabilization Reserve;

c)  That the City enter into agreements with Hamilton Arena Partners (HAP) for the construction and operation of the Quad Pad Arena

d)  That the General Manager, Public Health and Community Services together with Legal Services and Finance by authorized to negotiate and finalize all necessary agreements, namely the Development Agreement, and Operating & Maintenance Agreements with Hamilton Arena Partners (HAP).

e) That the Mayor and City Clerk be authorized to sign all necessary agreements.

Note: There is no longer a Memorandum of Understanding Agreement.  This document has now been incorporated into two final documents, namely the Operating and Maintenance Agreement and the Development Agreement."

- In reference to the above, Councillor  MORELLI indicated to the rest of Council that he could not support the recommendation to proceed with the four-pad arena.  He said that it had not even been totally reviewed by staff, doesn't have all of the documents yet (he had just received some of the documents the day of Council).  some info staff hasn't seen (waves papers in the air).legal stuff - lawyer told him separation between things needed.have gone through it "line by line".its not complete! So, because he felt due diligence needs to be taken, and felt that it hadn't as yet, could not support this item.  Morelli referred to the previous financial problems that the City had when the Chedoke Twin-pad arena was passed. Strongly supportive of the project.praised people involved.

- Councillor MERULLA - for himself, coming from an inner-city ward, he could not approve $17 million for a new arena - especially when arenas are crumbling in the inner city. Upgrades needed to Parkdale Arena. He noted that there is a drastic need for upgrades of old arenas and asked when upgrades to old arenas going to be pursued?

- Bill FENWICK (Director of Culture and Recreation) responds that upgrades will come up for discussion through the budget process.  He mentioned that the proposed 4-pad arena does not affect the taxpayer; that the new facility would be a "stand alone" situation, and pay for itself, not through tax-payers money; that the debentures (plus interest) would be paid back on an annual basis.  On paper it will not cost the tax payers anything.  The City maintains ownership and Council and staff will be kept informed of operations and financial situation.  There will be a 3rd party audit performed on the facility;  it is different than Chedoke Twin pads where the management of that facility was turned over to the private sector.

- MERULLA  Have heard this before.SWARU, Phillip, etc.'will save us millions'.but lost!.said we should have said this or that in contract. Hold off till concrete agreement.has before him not enough. N oted that he does not trust the "would have, should have" situation even though the people involved in the construction. Refers to it as "peachy keen" on paper and recalls loss of money on the Chedoke twin-pad (I think the company referred to by Councillor Morelli was ELLIS DON CONSTRUCTION (I think they are at 999 Upper Wentworth Street, ph# 385-9237)) [following an almost quote] might be "good guys" and want to make a lot of money and act in good faith.

- Councillor JACKSON noted that he would be supporting the motion in total.  He spoke about HAP and the staff and how stakeholders had been taken into consideration.  Jackson reiterated that this was different than the Chedoke Twin pad arena private/public partnership and that the "homework" for that had not been done - and noted that thanks to Councillor Morelli the damage was mitigated, as he had made sure that escape clauses were put into that agreement. Jackson said, "We need ice" 1) there is no [tax] levy impact; 2) no negative impact on current capital budget in terms of current upgrade needs of existing facilities. Liked this private / public partnership ("P3"); and noted that the way this one was set up is something to think about for a new City Hall if we go in that direction Notes that new police station and YMCA are P3. He said that user groups have committed to $205 / hour; whereas it is $80 and $ 160 / hour for other facilities (reference given that the City subsidizes costs of ice time in other facilities)

- Jackson noted that having the new arena would free up other arenas for more house leagues Also noted was that 2 of the pads could be done by November, 2004; the remaining 2 by January, 2005. He also said that if we did our homework like Councillor Morelli, we would be in a lot less trouble (in reference just in general)

- Jackson said that he had a Ward 6 meeting (flyering 1,000 households ? - not sure of this figure) and about 60 people attended, with over-whelming support for the project He has "tremendous comfort level" re the checks and balances.

- Jackson indicated that the Mayor would be the last stop for signoff , W e need to get on with the building of this facility

(NOTE:  there was friendly kidding among the councillors that Morelli and Jackson were the "poster boys" for this sports project)

- Councillor BRUCKLER - noted that this project was 3 years in the making;  that the agreement has been reviewed and feels that it is fair to both parties, protecting legal interest of the City; that checks and balances have been built in.  And, the "bottom line is $0 which I think is great."  Staff should continue to finalize the agreement

Pearson: Review today.with colleagues.concerned re papers coming forward so late.supports project need.step back and be cautious.want to see everything go forward properly.understands timing issue.wants Morelli to point out specifics.

- Councillor PEARSON - she has reviewed this project with Councillor colleagues and is confident.  Feels that this arena is needed.  Concerned with the new documents that recently were given and should take a step back and take a cautious look, don't want to rush in - must have everything in place before going ahead. Wants Morelli to note specifics.

- Councillor McCarthy asked a question.  To legal staff: Do you have these documents (Morelli's)? Legal staff unsure so she brings them over to them.

- Bill Fenwick says he's confident these can be dealt with and that the schedule was drawn up with the intent of the agreements that staff received.  want to meet the intent of the design and construction specifications

- Councillor Chad COLLINS - usually looks to Councillors Morelli and Jackson (the two poster boys) for input on these matters.  There is a real shortage of ice in Hamilton and it is quite obvious that we need more, but we have history working against us.  "For me when I look at the worst case scenario, I think of the Twin Pad."  So, "if one portion of the commitment cannot be kept, who is on the hook? - we [City] are"  And, we have inner-city arenas in need of repair so when I wrestle with those issue, they are of some concern.  Collins  said he wants some more time to go through the documents and that his "gut feeling" is not prepared to support the motion

- Councillor Terry WHITEHEAD - asked a question to staff regarding the tendering process - was this part of  RFP - those coming through to build / manage for the City

- Bill FENWICK (Dir. Cult. & Rec) says it was a staff supported initiative by HAP. I n 2001 HAP was encouraged to continue to negotiate Go back to Design and Build facility as per specifications.  The 2 agreements that have been negotiated by staff were in good faith

- Lawyer for the City Michael Guthro noted that there has been some word "smithing"

Whitehead again - any other issues want to have questions and confer with colleagues to be comfortable with staff position.  Need to understand as a councillor the relevance of schedules; need some tighter language and checks and balances, but need to show some faith as to what staff brings forward. Timing to 'save the season'.rely on staff.we all have different skill sets .'I'm no lawyer'.staff says good agreement.comfortable.

- Councillor Bill KELLY - We need ice; the concern about upgrades to existing facilities is a legitimate concern, but we cannot forget that our mandate is to serve this community and people want ice; and this is the way to do it through a Public / private partnership money and not with Capital money.  M y arena needs upgrading and "it will get it". Kelly said that Thomas Edison said that he never failed, but just found a number of ways that hadn't worked yet.  Acknowledges problems with twin-pad but "we know better now". No, it isn't iron clad, but fully supports the deal

- Councillor HORWATH - had a question directed to staff - is there a dispute resolution (wasn't sure if could debate this in Council or if would have to go in camera) staff could answer in council:  "Yes, in general there is a dispute resolution."

Question about other costs to the City such as the lighting on Mountain Brow leading up to the facility. 

-Bill FENWICK noted that the lighting approaching the facility that Mr. G. Davis (in Public Works) said that will come out of the capital budget - but that this was the only thing that would come out of that.

- HORWATH: Where does the $17million come from?

- Joe RINALDO: $5 million comes from Development Charges; $12 million from debentures. 

- RINALDO "Actually yes".but City can borrow up to of its budget 25% and we are currently at about 10%

- HORWATH asked if the plan would have an affect on our credit rating;  answer from Joe RINALDO (General manager Finance & Corporate Services):  "No"

(At this point DiIanni's assistant Joanette walks across behind the Mayor at the Chair to the other side and up to audience member on Press side and takes him out the door to talk to him)

Councillor FERGUSON asked about the amortization time of the debentures; RINALDO:  "20 year";

FERGUSON: "And, there is no impact on capital improvement on current facilities?; taxes?" RINALDO: "No"

FERGUSON:  "Sounds like the tooth fairy"

However, Ferguson was confident in the work of staff and diligence of Councillor Morelli, so will support the project

Mayor DiIANNI :  (speaks before all first time speakers have spoken.he's been mentioning 'first time' speakers and asking second timers to wait.should he have waited till all finished and then stepped down to speak?) N oted that this deal was qualitatively different than those in the past; and made the point:  "Do we really have a choice?" Saying no to this deal, we are really saying no to any new facility;  there is also a difference in cash flow from commitments of community groups who will be using the facility, the support has grown;  we need to look to "alternative funding sources" Promises to email to Council before signing, if any problems

- Councillor McHATTIE - found himself in a difficult position, previous council had put in a lot of hard work on this proposal; however, where in the hierarchy of needs for the city does it fit? Asked staff if the development charges could be used for other things such as buses.

RINALDO - Development charges  were collected for Culture and Recreation, would be illegal to use them for anything other project, must use them to build new or expand existing, but not fix existing

- McHATTIE: What about the remaining $750K in Flamborough development charges? RINALDO: Can be used to expand but not to fix facilities.

- McHattie, with that clarification can support the proposal

- Councillor MORELLI - has a real concern and wants to complete due diligence even though he really wants the facility.  noted that we do not have specifications or operating agreement.  Mother warned me about people saying that they can get something for nothing. "In private sector the Board would never sign at this stage!" We are like a Board of Directors etc. It is not that he wants to say "no," rather, "It's a question of when you can say yes."  He noted that the Design and Operating agreements should be separate; and that the operating agreement should not be based on revenue that may not come through; "I will be happy in some respect that you [council] pass it,but I cannot support it."

MERULLA: What's the interest rate on the debentures. STAFF: 5.5% . Will be repaid worked out on an annual basis

MERULLA: why not use the $5 million for the expansion of existing facilities. STAFF: renovations to existing would NOT qualify. Those projects were not identified as 'expansion' projects.

Councillor MERULLA Is HAP fronting any of the money?

FENWICK - no, but they are paying debenture costs and interest

MERULLA - we finance it, build it, then give them the key

FENWICK - no, we supervise the management review team.  The City is part of the operating and there is a 3rd party auditor. Any problems will come back to Community Services committee.

MERULLA - why can't we as a City make money by hiring the appropriate people?  Why do we have to give up a percentage of the profits?
DiIanni: This is a philosophical question.

Merulla: No

DiIanni: This is the way our staff has found to do it.

Merulla: Still giving away part of the profit!

FENWICK: (in response to Merulla) City will share in surpluses. HAP brings expertise.

Councillor PEARSON: was not opposed to this project, but worried because information was still just coming in.  That "i" needed to be dotted and "t" crossed before this should be passed. Could we delay this for two weeks?

DiIANNI asks if she wants to move a tabling motion. Pearson nods.
FERGUSON asks Fenwick is two weeks okay.

Bill FENWICK - noted that there was a struggle with time because they could not guarantee the pricing if hold off for longer

PEARSON moved to table this item / 2nd by MERULLA - met with opposition, not carried but no recorded vote.

Councillor WHITEHEAD:   was concerned with due diligence, as well as with the legalese of the documents to be signed; wand to make sure that he and colleagues will be able to supervise this situation before Mayor DiIanni signs anything

VOTE:

FOR:  Bruckler, Ferguson, Jackson, Kelly, McCarthy, McHattie, Mitchell, Pearson, Powers, Whitehead

OPPOSED:  Collins, Horwath, Merulla, Morelli

(Note-taker not sure, but thinking back cannot remember if Councillor Mitchell was there for the vote, but I know that he was not in the group opposing)

CARRIED

7. MOTIONS

7.1 Motion by Councillor Horwath respecting security deposit policies to comply with the new regulations of the Ontario Energy Board.

Discussion:

Horwath: This will be discussed at Committee

MOVED by Councillor Jackson / 2nd by Councillor Kelly that the above item will be discussed at a standing committee meeting

(All the following motions were added at the meeting - not on agenda)

7.2  MOVED by Councillor Horwath / 2nd by Councillor Ferguson

-"That the City of Hamilton Formally indicate to the Hamilton District School Board, an interest in the Dr. J. Edgar Davey school site located at 99 Ferguson Avenue and

-That staff de directed to negotiate with the Hamilton District School Board all required matters to achieve and exchange of the Dr. J. Edgar Davey school site with the current adjacent Beasely Park site

-And that an agreement outlining the terms of the exchange, be brought back to Council for final approval as quickly as possible"

----Councillor Horwath spoke to this motion, noting that the site where Beasley Park is currently located is not really conducive to a park, the site adjacent to it - where Dr. J.Edgar Davey school is located is a good site, as for safety purposes and having "eyes on the site" it is at a good vantage point.

- Councillor Horwath noted the reason this was being brought forward now was that the School Board was going through the dissolution process, so thought it would take some time for the school board to accommodate.  The issue of accommodation is with the school board, but the City can help facilitate, and would not have a huge expense

MOTION CARRIED

7.3 MOVED by Councillor Powers / 2nd by Pearson

"That the Hamilton - Wentworth District School Board in response to their correspondence of February 18, 2004 be advised that City Council requests that the inclusion of the Veteran's Memorial Park Option be excluded in the request for tenders at this time as public advisement and consolation has not taken place."

- it was noted that this park has been part of the community association for a long time. and that the community is opposed to a land swap. and should therefore be allowed to be consulted

(another motion, but not sure if it referred to 8.3 or stand alone,- moved by Councillor Collins, 2nd by Merulla that staff report back to council with the needs for the current area and report to council before budget) carried

8. NOTICES OF MOTION

8.1 There was a motion moved by Ferguson / 2nd by Collins re: an Emberson, but note-taker cannot find reference to it, nor was able to follow the discussion - it was CARRIED anyway

9. STATEMENT BY MEMBERS -

- Councillor Terry WHITEHEAD - expressed his anger at the hate crime committed against Mr. Ronn Mattai, who was severely assaulted just because his sexual orientation.  Councillor Whitehead noted that this was a terrible crime, as was the hate crime that burned down the Hindu Temple in Hamilton.

- Councillor Whitehead noted that the Police are taking swift action and said that Hamiltonians have rallied around this incident, mentioning that the only thing that they do not tolerate are hate crimes.

- Councillor Whitehead felt compelled to bring this forward at council to make it clear on record that Hamilton has no room for hate crimes

- Councillor Russ POWERS - noted the passing of Mike EVES, a work crewman in Dundas and that the thoughts  go out to his family. Also Hamilton Community Energy has received a $175,000 grant from municipal green fund to connect a social housing complex to their energy grid.

- Councillor PEARSON - noted that the Heritage Day ceremonies were commendable

- Councillor MORELLI - expressed a concern for school boundaries.  He said some were "ridiculous" referring to the fact that some school children were having to go 1 or 2 miles, crossing main streets (e.g. Wellington Street from Robert Land School to Bennetto)  This needs to be looked at by the Education Liaison Committee.

- also, the Police Board has approved the Senior Investigation unit.  There has been a number of scams of late targeting seniors, so hopefully this new unit will help to stem these types of things as well as hook up with other community agencies involved in helping seniors Hoping to have a "one stop shopping" for seniors

- with respect to hate crimes, Councillor Morelli note that the police were taking this seriously.

- also noted that the police are working on the car burns issue and that the media had some errors in their report.

- announced Catholic Youth Organization dinner tomorrow evening.

- Councillor KELLY - he was going to mention the School Boundary situation also, noting that there was a lack of communication between the School Board and the City as for example needing more school crossing guards, done last minute, staff had to scramble to get them.

- Councillor KELLY also wanted to mention about the Power Conference (that was to take place Fri. Feb. 27 at Carmen's banquet centre).  It was to bring together business leaders (Laura Babcock, one of the organizers).  Tickets were sold out.  But, Cable 14 was going to tape part of it. DiIanni said councillors were invited to sneak in.

- Councillor JACKSON: referred to elder-abuse and a petition that one of his constituents - Joan Ferris - (telephone number was given, but I wasn't sure if I should put it in these notes, for safety reasons, so I left it out) has circulated, currently garnering 1,000 names.Jackson encourages everyone to sign the petition which will be going to the provincial government. Jackson spoke about the difference between publicly and privately run facilities caring for seniors and that there is a lack of legislation safeguarding seniors in a private facility, whereas a public one, such as Hamilton's Wentworth Lodge is more transparent. 

- Councillor HORWATH - Noted Strengthening Hamilton's Community meeting taking place on Saturday morning and will address hate crime. Gave an update of the Beasley neighbourhood.  She had held a meeting with the neighbourhood association, and people started to talk about the crime and the lack of control in their community, now as other meetings have taken place, people are starting to take back their community.  First time she's seen so much hope in this community. At the most recent meeting, she was pleased to see many people from social services and the police coming to help residents with their situation  and is looking forward to ongoing dialogue to help make things better.

- Mayor DiIANNI reiterated the sentiments of Councillor Whitehead and the need to take make it clear that we will not tolerate hate crimes in Hamilton.  Also noting that the police acted quickly to take appropriate action.  Also, out of bad things, good things can happen, and we need to begin education as  early as possible.

- Mayor DiIANNI noted that Theatre Aquarius will be producing a play, based on the assault of a young gay man in the United States

- Mayor DiIanni spoke about the budget survey from the public which should be ready by March 4, 2004.  He hoped that council could still get the budget finalized by the end of March.  Felt that budget discussion should be dealt with at Committee of the Whole Meetings (seemed that time was of the essence so use COW, rather than Standing Committees) and suggested Dates:  Wed. March 17; Thurs, March 18; Friday, March 19.  Some councillors not too keen on this, especially dates chosen, as that was March break. Mayor DiIanni asked councillors to forward items to him that they wished discussed

- Councillor Whitehead asked if there will be a summary of stakeholders requests regarding these meetings DiIanni : yes, stats and all.

10. PRIVATE AND CONFIDENTIAL ITEMS

- Motion to go In Camera (Ferguson / Collins) to receive legal advice re a negotiation (?).lasted about an hour.

(When meeting public again.Notetaker wasn't quickly into the room and may have missed the first motion)

Motion: Ferguson/? Committee of Adjustment approved application from Stackpole Limited for relief from the rear yard and height provisions of zoning by-law to permit an accessory building (nitrogen tank installation) at a proposed automotive part manufacturer building under construction.Planning staff supported application.on Feb 2, 2004, International Union of Painters and Allied Trades appealed the Committee's decision to the OMB;

BE IT RESOLVED THAT: The City attend at the OMB hearing in support of the Committee's decision to approve the minor variance requested, and that the Legal and Planning staff represent the City's interests before the OMB.

(a check mark on the copy of the motion that I picked up seems to indicate that the motion CARRIED)

11. BY-LAWS   Adopted.

Motion: That Bill Nos 04-031 to 04-051 be passed (mostly traffic by-laws and land incorportations, except 033 which states: To appoint and to prescribe the duties and responsibilities of the Acting Chief Administrative Officer

12. ADJOURNMENT

Meeting ended around 10:30 pm

© Citizens At City Hall (CATCH)