April 14/04 Report - Part One
7:00 pm

Members of Council present:

• Mayor Larry DiIANNI,
• Brian McHATTIE,
• Andrea HORWATH,
• Bernie MORELLI,
• Sam MERULLA,
• Chad COLLINS,
• Tom JACKSON,
• Bill KELLY,
• Terry WHITEHEAD,
• Phil BRUCKLER,
• Maria PEARSON,
• David L. MITCHELL,
• Murray FERGUSON,
• Russ POWERS,
• Dave BRADEN,
• Margaret McCARTHY.

Members of Staff (who answered questions of Council)
(note: there were more staff present, but only the following were called upon)

• Joe Rinaldo - General Manager, Finance and Corporate Services
• Rose Caterini - Deputy Clerk (Legislative)
• Peter Barkwell - City Solicitor (Acting)
• Lee Ann Coveyduck - General Manager, Planning and Development

Members of the Media present:

• Chinta Puxley
• Doug Cameron
• Maggie Hughes
• Others

Call To Order

National Anthem

Prayer

Deputy Mayor Ferguson: "I'd like to thank Father Lucian Puscariu of Holy Resurrection Romanian Orthodox Church to our meeting this evening. The Romanian community was established in Hamilton in the 1900s with the first Church being built in 1956. Serving the communities of Burlington, Oakville, St. Catharines, Niagara Falls, Guelph and Cambridge. Father Lucian was ordained 20 year ago and has been the Parish Priest of Holy Resurrection since 1998. Welcome Father Lucian and would you please lead us in prayer."

Father Lucian Puscariu: "Let us pray. In the Name of the Father and of the Son and of the Holy Spirit, Almighty God our help and refuge, the fountain of wisdom and tower of strength, who knows that I can do nothing without Thy guidance and help. Assist me, we pray Thee and direct me to divine wisdom and power that I may accomplish this task and whatever I may undertake to do faithfully and diligently, according to Thy will so that I may be profitable to myself and others and to the glory of Thy Holy Name. For Thine is the kingdom and the power and the glory of the Father and of the Son and of the Holy Spirit now and ever and unto ages of ages. Amen. Thank you."

1. Approval of Agenda (Kelly / Pearson - CARRIED )

Deputy Mayor Ferguson: "Just by words of explanation, Mayor DiIanni is across the street speaking to a delegate of the Automotive Parts Manufacturing Association. He's due an minute and I will gladly relinquish Chair when he arrives. Madam Clerk, are there any changes to the agenda?"

Deputy Clerk Rose Caterini : "Yes Mr. Deputy Mayor. We'll also be a private and confidential update by legal counsel, Mr. David Estrin on the Red Hill Expressway."

Deputy Mayor Ferguson: "Members of Council, may I have a verbal motion to approve the agenda, as amended? Councillor Kelly, seconded by Councillor Pearson; all in favour? Opposed? Carried."

2. Declaration of Interest (NONE)

Deputy Mayor Ferguson: "Members of Council, is there any Declaration of Interest? Hearing none, in terms of Ceremonial Activities, I'd like Joanne Ruggieri to join me at the podium please, Joanne."

3. Ceremonial Activities

3.1 Presentation - Vision 2020 Award

Deputy Mayor Ferguson: "Just while Joanne's making her way down, on November 13, 2003, the 2003, the 2003 Vision 2020 Sustainable Community Recognition Awards were handed out at City Hall recognizing individuals, groups and City departments who strive towards our goals of sustainable community - a place where you can help others, take care of the environment and build healthy places to live, work and play. Fourteen recipients were honoured, including those who are battling Hamilton's homeless and poverty issues, finding solutions to improve the quality of life for senior citizens and heighten awareness about rural area concerns. This year's award recipients received an initial certificate in recognition from the House of Commons of Canada - signed by the Honourable Sheila Copps, Minister of Canadian Heritage. The certificate offers congratulations for achieving excellence in the Vision 2020 awards. Today, we're here to present one more sustainable community recognition award to an individual who was unable to attend this ceremony in November. Vision 2020 states that we are an economically, socially and culturally diverse community that encourages opportunities for individuals, reduces inequities and ensures full participation for all community life. A fundamental principle of sustainability is equity and one of the main themes of Vision 2020 contains goals to build the community's capacity and participation for all our citizens regardless of physical and mental ability, income, age, gender, spiritual or cultural backgrounds or geographic locations. The award for individual achievement in a community capacity building recognizes individuals in the community who have made outstanding contributions to fulfilling their goals of community capacity building. The recipient of the award for individual achievement in Community Capacity Building goes to Joanne. Joanne has contributed enormously to the needs of the Hamilton Community. Over the years, she has been actively involved in volunteering in various organizations in Hamilton and surrounding areas including: Scouts Canada, Diabetes Association, and the St. Patrick's Parent Advisory Committee, just to name a few - Caledonia? She also supports local food banks, women's shelters and Out of the Cold program for the poor and homeless. Joanne is also very active on the employment equity committee, where she promotes awareness concerning issues affecting visible minorities, aboriginal peoples, persons with disabilities and women in non-traditional occupations. Joanne, on behalf of the City of Hamilton, thank you very much. (applause)

Joanne Ruggieri: "Thank you very much."

3.2 Presentation - PSC Industrial Services - Taro Landfill

Deputy Mayor Ferguson: "For our next presentation, I invite Harry Wells, Regional Vice-President of PSC Industrial Services Incorporated, to the podium for a presentation to City Council.

Harry Wells: "Your Honour, Acting Mayor Ferguson, Council, on behalf of Philip organization, I would like to thank you for allowing me to come here. A long time ago in the beginning, we established a environmental assessment hearing for the Taro Landfill and out of the environmental assessment hearing, we were able to establish a royalty program for the City of Hamilton and also for the Community Trust for the Stoney Creek area. This royalty consists of donating to the City, $1 for every ton of material that the Landfill receives. Now, although the location has been criticized from time to time, the facility provides a fairly substantial valuable resource to the community for the industries in Hamilton and around the community. In order to address the concerns of the community and the residents in the area, experts from the Ministry of the Environment reviewed the design and declared that the site was one of the best in Canada, if not North America. For more than half of the waste that's received at this Hamilton location, comes from Hamilton industry. Programs such as the Hamilton's Erase program, serve to benefit from this program and from our facility. And, as a result, the City of Hamilton directly benefits from the Taro Landfill operations. And, that's why I'm here tonight. With this payment, that we are about to proceed to give to the City, PSC Industrial and its predecessor companies have been able to donate and contribute to the community $3.6 million in direct royalties, along with an additional $4 million in royalties and various payments to the Heritage Green Support Park development, secondary plan development and support of rounding other projects within the area and the community. PSC Industrial will also be investing another $1.25 million in development of the lands around the Landfill and next to the city sports park. And, eventually, we hope to turn that into a useful greenspace for the community or a golf course, a full-length golf course. PSC is also providing for the community in the Upper Stoney Creek by funding the Community Trust through the royalty program and this provides the non-profit organizations that benefit the community, such as seniors, children living in the area and to date we have provided a Community Trust with almost $800, 000. In total, by the end of the life of the Landfill, funding to the community and to the City will amount to about approximately $15 million and will have provided the City of Hamilton and the Community Trust with resources to help fund some of their programs. For any Member of Council, I'd also like to offer the opportunity for you to come and visit our location, to see what we do and to experience what we have and become familiar with us. In closing, I would like to offer my thanks to City Council, to the City of Hamilton, for allowing us to be a very beneficial community member and with this, I am pleased to, on behalf of PSC to have presented to Mayor DiIanni who I see has come and the City of Hamilton, a cheque for $829, 000. (applause)

Mayor DiIanni: "Thank you very much. Thank you."

Deputy Mayor Ferguson: "Members of Council, I'm going to take the money and run and relinquish the Chair to the Mayor."

Mayor DiIanni: "Well, thank you very much. It's nice to walk in and receive a cheque on behalf of the City for that amount and we really appreciate that. And, good evening ladies and gentlemen, Members of Council, we are, I am told, at Item # 4 - Communications. And, Councillor Ferguson, may I have a motion on the Communications, please?" (Clerk Prompts Mayor that #4 is Minutes of the meeting of City Council)

4. Minutes of the meeting of City Council held on: (Mitchell / Pearson - CARRIED)

Mayor DiIanni: "All right, may I have a motion on the minutes then, please? That's, yes, Moved by Mitchell, seconded by Pearson, all in favour? That's carried."

4.1 March 24, 2004 ( regular meeting)

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Mar24/Minutes.pdf)

4.2 March 26, 2004 (special meeting)

(http://www.hamilton.ca/Clerk/agendas-minutes-
reports/ council/2004/Mar26/Minutes.pdf)

5. Communications (Ferguson / Horwath - CARRIED)

Mayor DiIanni: " And the next is Communications. Councillor Ferguson, may I have a motion on Communications."

Ferguson: "Thank you, Mr. Mayor, moved by myself, seconded by Councillor Horwath that Council Communications 5.1 from John Hogg, President/CEO, CLT Canada requesting Councillors support for the concept of the Competitive Property Assessment System of Ontario be referred to the Strategic Planning and Budgets Committee for consideration. And, "B" that Council Communication 5.2, Note of appreciation from Glen Peace and family; 5.3 Invitation from the Ministry of Municipal Affairs, Halton Region and to the Central Ontario Municipal Conference be received."

Mayor DiIanni: "Thank you. Any questions or comments on that? All in favour? That's Carried. Councillor Ferguson, may I have a motion to move into Committee of the Whole for consideration of the Committee Reports?"

5.1 Correspondence from John Hogg, President/CEO, CLT Canada

(http://www.hamilton.ca/Clerk/agendas-minutes-
reports/ council/2004/Apr14/Item%205.1.pdf)

Recommendation: Be received and referred to the Strategic Planning and Budgets Committee for consideration

5.2 Note of appreciation on behalf of Glen Peace and Family

(http://www.hamilton.ca/Clerk/agendas-minutes-
reports/council/2004/Apr14/Item%205.2.pdf)

Recommendation: Be received.

5.3 Bridging the Gap - Governments Working Together - 2004 Central Ontario Municipal Conference, April 22, 2004

(http://www.hamilton.ca/Clerk/agendas-minutes-
reports/council/2004/Apr14/Item%205.3.pdf)

Recommendation: Be received.

6. Committee Reports

Ferguson: "Thank you, Mr. Mayor, Moved by myself, seconded by Councillor Horwath that Council move into Committee of the Whole for consideration of the Committee Reports."

Mayor DiIanni : "Thank you. All in favour? That's Carried."

6.1 PUBLIC WORKS, INFRASTRUCTURE AND ENVIRONMENT COMMITTEE (Collins / Ferguson - CARRIED)

6.1 Public Works, Infrastructure and Environment Committee, Report 04-009, April 5, 2004

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Public-Works/2004/Apr05/Rep04-009.pdf)

Mayor DiIanni : "And, Members of Council, the Public Works, Infrastructure and Environment Committee presents its ninth report and respectfully recommends . . ." (The Mayor goes through the various items in the report. Those that are questioned are noted below.)

Item # 2 (Tabled - Bruckler / Kelley - CARRIED)

Bruckler : "Thank you, Mr. Mayor. Item # 2 of the Public Works Committee Report. I would like to have that particular Item Tabled if I could have a seconder for that"

===================

2. Tolling of the Red Hill Creek Expressway (PW04037/FCS04050) - (City Wide) (Item 8.1)

(a) That the "Red Hill Creek Expressway - Toll Traffic and Revenue Estimates, Final Report" (see Appendix A) and "Red Hill Valley Project - Additional Financial Analysis, Memorandum" (see Appendix B) be received for information.

(b) That recognizing that the Linc and the Red Hill Creek Expressway provide a connection for international and provincial truck and car traffic between provincial highways, that the Province be requested to honour its original commitment for capital costs and a portion of the ongoing annual maintenance costs.

(c) That Outstanding Business Item (Toll for Red Hill Creek Expressway) referred from the Committee of the Whole meeting of November 21, 2001 be identified as completed and removed from the Outstanding Business list.

=========================

Mayor DiIanni : "Seconded by Councillor Kelly. And, I do have some speakers. Councillor Merulla, Whitehead."

(some off microphone discussion re: Whitehead had his hand up to second the motion, not speak on it.)

Merulla : "We're not going to debate the tabling, I presume, right?"

Mayor DiIanni : "Right, it's a Tabling Motion, no debate of a Tabling Motion."

Merulla : "I can live with the Tabling of it."

Mayor DiIanni : "All in favour of Tabling?"

Horwath: "Can I just ask some instructions on the Tabling? How long is it going to be Tabled for. I mean, we're in a provincial election in Hamilton East, a by-election and I think we should actually get this off the Table and put some pressure on the province for some money.

Mayor DiIanni : ". . . Councillor Bruckler, some direction on the Tabling motion?"

Bruckler : "I would ask that this could be brought forward within the next Council meeting and I'd also like some further information with respect to the tolling. So, that would be my direction."

Mayor DiIanni : "Thank you. All in favour" (Horwath begins to speaks)

Horwath : "So it's coming to Council, then or is it . . . Tabling back to Committee, or . . . where does the information come: does it come to Committee; does it come to Council. I'm just not clear, Mr. Mayor. It's a little bit?

Mayor DiIanni : "Okay, we'll get an answer to that. I thought I heard Council, but, Councillor?"

Bruckler: "That was my intention - to the next Council Meeting."

Mayor DiIanni : "Okay. Just on the instruction, Councillor Collins."

Collins: "Mr. Mayor, I guess, my concern is that we voted on the Tabling at the Committee and I don't know what additional information we're looking for. Can I get some clarification on, we had the consultant's report; we had the staff report; is there something in addition to that that we can expect to receive?"

Mayor DiIanni : "Except that we're now getting into a debate on the Tabling Motion which is a little concerning."

Collins: "I'm not debating the Tabling. I think I just want to, I want to know what we're looking for in regards to the additional information."

Mayor DiIanni : "Councillor Bruckler?"

Bruckler: "I think some of the additional information we'd be looking for is some further clarification with respect to the tolling. There was a lot of information offered forward on the Tolling aspects and I think that requires a further review."

Mayor DiIanni : "Okay, now, there's a motion to Table. It's been duly moved and seconded. We'll see how Council feels about that and then, depending on the decision, we'll discuss it further. All in favour of Tabling?" (Coucillor Horwath, I think, in background asks for a Standing Recorded vote) "Standing Recorded Vote - all in favour of Tabling the motion?"

(audience in the galleries applauding - I believe after the number of people voted for Tabling.)

Mayor DiIanni : "Opposed? (When people could see the Yeas out weight the nays they applauded and called out.) "Okay, all right. Ladies and gentlemen, I'm just going to ask you to maintain some decorum in the Council Chamber and allow Council to do its business and please refrain from expressing any of your sentiments in a vocal way. Thank you. Opposed please? We need to record it. Madam Clerk, the Tabling Motion Carries."

(Microphone was turned off, so below is a copy of the record of votes from City's minutes)

"The motion CARRIED on the following recorded vote:

Yeas: DiIanni, Bruckler, Ferguson, Jackson, Kelly, McCarthy, Mitchell, Pearson, Powers, Whitehead Total Yeas: 10

Nays: Braden, Collins, Horwath, McHattie, Merulla, Morelli Total Nays: 6 "

Item # 7 (CARRIED)

"7. Delegation - Fred Zimmerman, 1206 Hall Road East, Binbrook Garbage, Odour and Dust from Glanbrook Landfill Site (PW04035/LS04005) (Ward 11) (Item 13.1)

(a) That the City of Hamilton deny the payment of any further compensation in response to the request by Mr. Fred Zimmerman of 1206 Hall Road East, Binbrook for compensation for the supply of potable water to his residence.

(b) That the Acting Director of Waste Management be authorized and directed to advise Mr. Fred Zimmerman of sub-section (a) and to inform Mr. Zimmerman as to what actions will be taken by the City of Hamilton and its contractor to further address his allegations regarding wind blown litter and odours from waste management operations at the Glanbrook Landfill Site.

(c) That the operational concerns expressed by Mr. Zimmerman (i.e. dust, garbage and odour) be referred to the Glanbrook Landfill Committee.

Councillor Mitchell indicated that he wished to be recorded as OPPOSED to this item . "

Mitchell : "I'd like to be recorded as opposed to this. The landfill site for the sake of the future of the City is lasting longer, which is a good positive thing, but as far as the neighbours are concerned, I have to vote opposed to this because they've had payment for water in the past and still are having those problems."

Mayor DiIanni : "Thank you Councillor and that's duly noted in the report as well. But, we'll make sure that that's captured. All in favour of [item] seven, with Councillor Mitchell indicating opposition. Councillor Collins. May I have a motion on the Report as amended?"

Collins : "It's moved by myself and seconded by Councillor Ferguson that the 9 th report of the Public Works,Infrastructure and Environment Committee be adopted and the information section received"

Mayor DiIanni : "All in favour? That's carried."

6.2 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE

Mayor DiIanni : "Members of Council, the Planning and Economic Development Committee presents its seventh report and respectfully recommends: Item #1 . . . #15" (all Items CARRIED) "Councillor Kelly, may I have a motion on the report, please?"

Kelly : "Yes, Mr. Mayor. Moved by myself, seconded by Ward 6 Councillor Tom Jackson that the seventh report of the Planning and Economic Development Committee be adopted and the information section received."

Mayor DiIanni : "Thank you. All in favour?" (voices in background "carried") "That carries."

6.2 Planning and Economic Development Committee, Report 04-007, April 6, 2004

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2004/Apr06/REPORT%2004-007.pdf)

(Kelly / Jackson - CARRIED )

Continue to Part 2 starting with CORPORATE ADMINISTRATION