May 26/04 Report
7 pm

Members of Council present:

• 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
• Ward #15 Andrea McCARTHY

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

• Rose Caterini - Deputy Clerk (Legislative)
• Lee Ann Coveyduck - General Manager, Planning and Development
• Chris Murray - Acting Director - Red Hill Valley Project
• Peter Crockett - General Manager, Public Works
• Joe-Anne Priel - General Manager, Public Health and Community Services

Members of the Media present:

• Ken Mann - CHML
• Matt Jehle - independent
• Kevin Werner - Brabant

Call To Order

National Anthem

Prayer

Background on Reverend Isaac Chacalaparampil (of St. Patrick's Roman Catholic Church):

Part of the Catholic Church known as Carmelite Mary Magdalaine. It was established in India and there are over 2500 followers. The people in this group put their energies into helping with hospitals, nursing homes, etc and are present in Africa, South America, United States, Canada and Europe.

Rev. Chacalaparampil has a Ph.D. in Biochemistry in the field of Molecular Biology (cancer genes)

Prayer

Rev. Isaac Chacalaparampil : "Let us pray. Enlighten our minds, oh God, to understand and act without fear of failure, with equity and justice for the good of this community, to which we have all been called to serve. As representatives of the people of this City of Hamilton, give us Your . . . and enlighten our minds to make the right decisions and to serve the citizens of Hamilton: young and old; rich and poor; weak and strong. Almighty God, . . we pray for Your light to guide our ways, to hold our hands to tread the righteous path, to bless our efforts to achieve our goals. . . . bring peace and prosperity to every person we are called upon to serve. This prayer, we ask for You, God - Creator of all human beings and the universe. Amen."

DiIanni: "Thank you Reverend Chack . . . Madam Clerk, are their any changes to the agenda

1. Approval of Agenda - (Ferguson / McCarthy - CARRIED)

(Deputy Clerk Rose Caterini, reads off the changes to the agenda, didn't get down the changes, trying to check audio problems. Please see City of Hamilton Minutes for additions
http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/May26/Minutes.pdf.)

DiIanni : "Thank you Madam Clerk. Members of Council, may I have a verbal motion to approve the agenda as amended? Moved by Ferguson; seconded by McCarthy. All in favour? (carried) It's carried."

2. Declaration of Interest (some declared later on - please see City Clerks minutes at site above)

"Members of Council, are there any declaration of interests. Seeing none, we will move onto our ceremonial activities and Member of Council, Ladies and Gentlemen . . . we had the pleasure of commencing this evening's meeting with a piper. I would like to welcome John Dinsmore, who is Chair of the Hamilton International Tattoo out at this evening's meeting. We ask him now, to join me at the podium."

3. Ceremonial Activities

3.1 Presentation - Hamilton International Tattoo

"As you know, the Hamilton International Tattoo is an annual event to celebrate Canada's rich cultural heritage. The tattoo performances are based on an ancient military tradition are each two and a half hours long featuring a vast array of dancers, marching bands, international military and civilian acts and of course pipes and drums. It's held early June, each year at Copps Colesium. This year, the event is placed on Saturday and Sunday, June the 12 th and 13 th This year, Tattoo 2004 salutes the men and women in our emergency services. These are people who keep the peace; put out the fires; and provide life-saving first aid and a secure community in which to raise our families . . . John, I understand you have a presentation you'd like to make tonight."

John Dinsmore : "You Worship, Members of Council, ladies and gentlemen, a skirl of the pipes in City Hall does mark again it's Hamilton Tattoo time. The 13 th annual Hamilton International Tattoo (http://www.hamiltontattoo.ca/Performers.html). The first one was held in 1992. It was then a project of Hamilton-Wentworth region as part of the celebrations to mark Canada's 125 th birthday. We've been running it ever since and we have another show for you this year. As the Mayor mentioned we are saluting this year, not the military so much, but . . . we're saluting the men and women who keep the peace - the fire fighters, the police officers of Hamilton and across the country. And, we have acts which reflect that. We have the pipes and drums of the Royal Canadian Mounted Police and the Loch Mor dancers. The RCMP were in our first show, back in 92. They were on horseback in those days. This time it's the pipes and drums of the RCMP. We also have the Hamilton Firefighter's drum core; the pipes and drums of the Hamilton Police Service and it you open our brochure, you'll notice that our poster boy this year is Pipe Major Don Forgan, who is the Pipe Major of the Hamilton Police Service Pipes & Drums. You'll see his face all over town."

"The show, as was first mentioned is the 12 th and 13 th of June . . . it's usually in the first week of June. But, we will be there Saturday night and Sunday afternoon. And, we're giving some prizes this year. One of them is a trip by WestJet to Halifax. For those of you who follow this sort of thing, know that Halifax is the other Canadian city which also has a tattoo."

"On behalf of the directors of the Hamilton International Tattoo, I would like to make a small presentation to the Mayor and to the City of Hamilton to thank you for your support on the tattoo over these 13 years. Your worship . . ." (presentation of plaque to Mayor, each thanks the other, applause from Council and people in galleries.)

Mayor DiIanni : "Thank you very much, John, and we appreciate your presentation . . . we will be at the show in the days in June - the 12 th and 13 th and certainly encourage Hamiltonians to show up in full support of this, what has now become a tradition . . ."

"For our next presentation . . . I would like to invite Mary Carlin to join me at the podium. I would also ask that Councillor Merulla and Chief Brian Mullan, who was on this, as well, to assist me with our next presentation. Ladies and gentlemen, for those of you who read the . . . Spectator, this past Saturday, you will know that Mary Carlin was instrumental in saving a group of Parkdale school children out of the path of an on-coming out-of-control vehicle. Mary, a City employee, has been crossing guard for 20 years. Twelve of those years she has spent at Parkdale School ushering children safely across the street. And, in her spare time, she also volunteers at that same school. It's my pleasure, with the assistance of Councillor Merulla, who is ward Councillor of the area and Police Chief Brian Mullan to present Mrs. Carlin with a certificate of commendation for her truly heroic act. Mary, before we say congratulations to you, I had an opportunity to meet with Mary's family who's here, this evening and discovered that Mary has been in Hamilton for 48 years . . . working for the last 20 years as a crossing guard and she refers to the children over which she has guardianship as her children; to the mothers and fathers of those children as 'my mother' and 'my father' and she also told me that the school and Saturn Dealership nearby the school . . . presented her with a small gift, a small token of their appreciation for the truly heroic act that she performed out of selflessness and out of instinct. I asked her to describe what happened(?). Mr. Mayor, I honestly don't know. I heard the noise; I saw the children; and I got them out of the way. And, that instinct is truly the work of a guardian angel, don't you agree?" (applause from Council and people in galleries) "Thank you. I asked Mary whether she wanted to say a few words and she said no. (gentle laughter from the Council and people in gallery) "Just, 'thank you' and with that she pointed out that after tonight she just wants to get back to normal with her job . . . Thank you again." (more applause)

"And, before we get on with the business of our meeting, I understand that we have some visitors from Spanish, Ontario and Councillor Whitehead has asked if he could . . ." (say a few words?/ introduce them? - something to that effect.)

Whitehead : "Yes, Mr. Mayor. In fact, I have an old friend. Spanish . . . is a small community just on the Trans-Canada highway, about 30 miles from Elliott Lake, where I originally was raised and she's come down to visit her daughter-in-law with this friend, who's a good friend of mine and decided to take in a Council meeting tonight. So, I guess I have to be on my best behaviour. I'd like to ask Lois and Donna to stand up." (applause)

4. Minutes of previous meeting of City Council (Kelly / Bruckler - CARRIED)

4.1 May 12, 2004
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/May12/Minutes%20-May%2012.pdf)

Mayor DiIanni : "Members of Council, may I have a verbal motion to approve the minutes of the City Council meeting held on May 12 th 2004. Councillor Kelly; seconded by Councillor Bruckler. All in favour? That's carried."

5. Communications (Jackson / Kelly - CARRIED)

Mayor DiIanni : "Members of Council, we are now onto communications. And, we do have an added Council Communication # 7 from the Hamilton Conservation Authority requesting our support for a resolution for increased provincial funding. What is you pleasure with respect to this item?" (could not hear which councillors had comments, but Mayor called the question) "All in favour? That's carried. Thank you."

5.1 Correspondence from Jennifer Mossop, MPP Stoney Creek respecting changes in the incomes of residents at Paramount Place on Mistywood Drive
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/May26/Item%205.1.pdf)

Recommendation: Be received and referred to the General Manager of Community Services and Public Health for reply

5.2 Correspondence from Sherif Nagi, Hamilton International Airport respecting reporting requirements for Hamilton International Airport, 2003
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/May26/Item%205.2.pdf)

Recommendation: Be received and referred to the Planning and Economic Development Committee

5.3 Letter of Resignation from Hamilton City Council by Andrea Horwath
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/May26/Item%205.3.pdf)

Recommendation: Be received and referred to the City Clerk for appropriate action.

5.4 Petition received by Andrzej Jachowicz respecting Pedestrian Crossing at Barton Street and Ruth Street in front of 709 and 711 Barton Street East, Hamilton
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/May26/Item%205.4.pdf)

Recommendation: Be referred to the General Manager of Public Works for a report to the Public Works, Infrastructure and Environment Committee.

Mayor DiIanni : "Councillor Jackson, may I have a motion on communications as amended?"

Jackson : "Mr. Mayor, moved by myself and seconded by Ward 7 Councillor Bill Kelly that the Council Communications Item 5.1 be received and referred; Council Item 5.2 be received and referred; Council Communication Item 5.3 be received and the Ward 2 Council Seat be declared vacant and correspondence be referred to the City Clerk; that Council Communication Item 5.4 be referred to the General Manager of Public Works; that added Council Communication Items 5.5 and 5.6 be received and that added Council Communication Item 5.7 from the Hamilton Conservation Authority be received. Thank you."

Mayor DiIanni : "Thank you, um - "

Jackson : "and be forwarded to the Province in support of increase provincial funding for conservation authorities with copies to the local MPP's - I saw that, Mr. Mayor" (laughter from Council and people in galleries)

Mayor DiIanni : ". . . Members of Council as amended. All in favour? That's carried. Before we move forward on the agenda . . . this is a special evening . . . because we have a very special item - a resignation from this council for reasons that make us very happy for Andrea, but very sad for our Council . . . and I just thought it would be appropriate this evening, before you go, to give the Councillors an opportunity to say a few words if you wish and then Councillor Horwath - who we call 'Councillor' for the last time this evening who will henceforth refer to her as our MPP . . . Councillor McCarthy."

McCarthy : "I'm very happy and proud of her."

Pearson : " . . .Councillor Horwath for a job well done. . . it's been an absolute pleasure to work with you. In the short time we've worked together we've . . . agreed to disagree and became friends."

Whitehead : ". . .Well, Andrea and I go way back. In fact, one of the first people that I met on the Hamilton political scene was Andrea Horwath. And, I've watched her blossom . . .well-researched; dedicated; committed. This individual has left her mark here at City Hall and the only sad thing is that I just got here and she's leaving. So, that's again an unfortunate thing. But, I know she'll be a strong voice at Queen's Park and represent your community and championing the issues of this community. For that, I am proud. Congratulations."

McHattie : " . . . losing Andrea to the Province is a huge loss for Hamilton. The work that she's done is just been amazing. I think back to several projects that I particularly want to thank Andrea for and I guess one's the Downtown Secondary Plan - the future of the downtown is really now so much more secure than it was before Andrea got here . . . and put the Secondary Plan in place. We've got a blue print now, that's going to carry us far into the future. So you set the path in motion. Andrea, and we'll carry it on for you. I think also of the Solid Waste Management Master Plan"
(SWMMP - http://www.city.hamilton.on.ca/public-works/
Waste-Management/SWMMP/)
"as well, which is well on its way, as well and the City is going to achieve that 65% diversion. We'll definitely do it for you, Andrea and the City itself. The Province . . . NDP party status which is fantastic . . . I know Andrea going to be working and helping us here . . . a personal thanks, when I went to the inaugural meeting of Council, back in late November, I guess it was - in December, and I was Ward 1, I was the first person marching into the meeting. And, not really knowing what I was doing or where I was supposed to be going, and think the Mayor was right in front of me. I was just walking straight ahead and carrying onto the front podium and I was carrying on right behind him." (laughter from Council and people in galleries)

Mayor DiIanni : "I noticed that." (more laughter)

McHattie : "Andrea said, 'Brian, stop!' . . . I put the breaks on and I had enough time, I think, to more or less save face, . . . ended up at the Ward 1 chair, where I was supposed to be. And, my personal thanks and I look forward to working with you just as much, hopefully, as we have . . ."

Mitchell : "I admire you immensely, I don't think there's any City Councillor on this Council that works harder than you, Andrea and I admire that immensely. We've grown to know each other very well and we disagree representing the two extremes of this City of Hamilton. But, in saying that, the City of Hamilton is proud and I'm sure it'll do us a great honour having you there at the provincial level . . ."

Powers : ". . . Just as Mary Pocius is the voice of the downtown to the City; Councillor Horwath, you are the voice of the downtown to the City Council. Needless to say, when you speak about downtown issues, whether they affect downtown Hamilton . . . all over Hamilton and all over the City. When you voice your concern, it is with a degree of optimism. We do listen . . . There are few, I would call it, environmental advocates on Council, but I consider you to be the supreme advocate. You are very practical in your approach . . . of your idealism . . and the City of Hamilton is that much better because you . . . we wish you well and I'm sure there are a couple of us here, that look forward to perhaps having offers to work with you and for the City of Hamilton. Best wishes, Andrea, and please stay in touch."

Kelly : ". . . I told Andrea when I was going to speak, I was going to adhere to the five-minute rule and she said, 'why start now?!' But, I will. Russ touched on something just a couple of minutes ago, somebody was talking about Andrea during the campaign . . . and said how would you describe her? I said this may sound like a paradox, but I said, 'she's a pragmatic idealist.' She has her principles and sticks to them very strongly. But, she has a sense of pragmatism and her realism too, that's held her in very good stead around here and the great things that she's done. Andrea and I came onto Council together in 1997 . . . worked together on . . . projects and a lot of committees, too. And, I won't go into too much detail about those, but I'll tell you something, we had a little tea and cookies earlier this afternoon in here for the staff to say goodbye to Andrea, too. And, I spoke there. . . . But, I went for a walk downtown after that because we had that meeting with the Mayor and the ultimate legacy for anybody in elected office, Mr. Mayor, is to leave the situation better than when they started. And I remember the problems that we faced here in 1997 and a lot of them are still here; but, the fact of the matter is, Andrea, this is a better place now than when you started . . . the housing projects, the cleanliness of downtown, improved BIAs is because of your steadfast determination. Maybe that is the ultimate compliment . . . this is a better downtown - a better city, because the time that Andrea Horwath serviced on Council. It's an honour to have her as a colleague and more important, it's an honour to have her as a friend. Good luck. . ."

Jackson : "Well, Mr. Mayor, I welcomed Andrea in November of 97 when she came on Council and congratulated her and I'm congratulating her now on a wonderful further accomplishment. I kind of knew that she wasn't going to stay on Council forever. I kind of knew that ambition and a greater calling for helping a greater number of people was in the offing. And, it's funny, you know, I've learned in this sometimes crazy world of politics that we've involved in that sometimes you have a preconceived notion of someone and that's not good to have because at the end of the day, when I look back, Andrea and I felt politically that we had a lot more in common that we had apart and there's probably no more than one or two major issues that probably separated us, and otherwise we were together as we all try to do ultimately to move the community forward. And, it's interesting, last fall, when she had an opportunity - when she was at a crossroads - I hope she doesn't mind me sharing this - we spent a little private time together and she was seriously considering at that time, possibly running but decided that family came first and her young son Julian needed Mom a little more and then eight, nine months later and opportunity presented itself further and she said, Tom. Everything's good and Julian is doing much better and things are improving and Benny and Julian are supportive of me as well. And, knowing the family, I think I can share that, so, Mr. Mayor, she's done a great job. The downtown, she did her best and did a successful job of making it everyone's downtown across the half a million citizens of our community. We all sometimes lead our little cloistered, sheltered lives, sometimes when we go home from work and we go to our nice little homes on a street somewhere else other than . . .the lower City downtown. But, she constantly was telling us not to forget the downtown being part of a wonderful project of moving the downtown forward and you know what, our downtown and the waterfront and all the connections, we're on the verge of something really exciting, here, Mr. Mayor and I know she'll continue to carry that message forward at Queen's park. And, the best thing about Andrea is that she won't get cloistered at Queen's Park. I know she's going to stay regularly visible in both Hamilton East and probably the (?) as well between Queen's Park and here to champion our causes at Queen's Park and do her best to get the best deal for Hamilton and I just wish her all the very best. Thanks, Mr. Mayor."

Ferguson : "Thanks, Mr. Mayor, I've just about had it with 'Andrea this, Andrea that.' I'd like you to meet the two people behind Andrea" (Councillor Ferguson has Julian and Ben stand up in the gallery to be acknowledged - applause from Council and people in the galleries) "further, Mr. Mayor, I have a ton of respect Councillor Horwath . . . Her integrity is beyond reproach; very, very highly principled; . . .her work ethic sets the pace. It's funny, I worked with her three and a half years ago, we were cell mates again this term. . ." (Councillor Ferguson in reference to seating order - because he sits on her right, and she is on his left - and ideas referred to Andrea coming a bit to the right on occasion, he went to the left - Andrea joked that you can come over here in thinking but I don't go over there) ". . . I feel richer for having known you." (Councillor Ferguson gives Councillor Horwath a big hug.)

Merulla : "Thank you, Mr. Mayor. Let me start off by saying, could it be possible to be recorded as opposed to her resignation? (laughter from Council and people in galleries)

Mayor DiIanni : "Nothing would surprise me."

Jackson : "Touché. Well done, Larry."

Merulla : "I have to hand you that one. . . Just to focus in on Andrea . . . Andrea is probably one of the toughest, street-smart politicians I've ever worked with and I have the scars to prove it. She also has a social conscience . . . she gets things accomplished . . . I consider her a friend . . ."

Collins : "Mr. Mayor, just to start by saying, it's with mixed emotions that I . . . Councillor Merulla was asking me around the time of the election, I was a little depressed and it wasn't because the Liberals were so low in the polls . . . , it was more so because I knew you were going to win. From a selfish standpoint, I really would have liked to have seen her stay because . . . she has done so much for our city. It's a huge void in the downtown with out her and it's not just a void in the downtown, it's a void in the City and losing her from around this table. Many have mentioned what she's done for the city - downtown, the waterfront . . . the list goes on and on in terms of what she's done . . . and I guess, as I say to get back to my earlier point, I'm sad to see her go because I really do consider her a good friend and it's rare in this business that you get to know someone very well to the point where you consider them one of your best friends . . . I certainly do consider her that. And, it's tough to see someone like that go. So, it is with mixed emotions that I see her go. . . . I know she is dedicated. . . I just want to say thank you . . ."

Bruckler : " . . . as a staff member a few years back . . . I was certainly extremely impressed with you . . .my regret at this point in time is that my time here as councillor will be shorter than that as a staff member and I guess I was hoping somewhat able to learn from you. . . . You will be sorely missed here . . . we'll be knocking at your door."

Braden : (unfortunately, the tape was hardly audible) Councillor Braden spoke about Andrea's sincerity and commitment. "hats off to you, Andrea" and that Andrea was not a stranger into politics.

Mayor DiIanni : " . . . want to echo the words or your colleagues around the table who have spoken so eloquently about your contributions . . . at the City level, policies, policies that made a difference . . . also connecting with your colleagues at a personal level . . . we've had lots of disagreements around this table. . . respectfully disagreeing; forcefully disagreeing . . . certainly earned the respect of your Council Colleagues . . . and I, too, applaud Ben and Julian for there support of you . . . I want to thank you for your work ethic . . . and for your absolute love for this City . . ."

Horwath : "Well, I actually thought the best thing for me, Mr. Mayor, was to read my letter of resignation so that I wouldn't cry - too late for that." (compassionate laughter from Council and people in galleries) "I do want to say though -" (Andrea pauses for a moment with emotion and Councillor Ferguson says to her humourously to 'buck up') "he said to 'buck up,' I'm bucking up. (more laughter from Council and people in galleries) "I mean, all the work that I've done that you've all talked about" (again, Councillor Horwath is overcome with emotion - so, Councillor Tom Jackson, who sits to Andrea's left says, 'Would it help if I mentioned Red Hill?' Councillor Horwath says, 'Yes' in a fervent manner - then, there was much laughter from Council and people in galleries - Andrea continues) "You know what, the things you have said I've done the last few years has not been my own work, it's been the work of all of us and I just want to say that every person in this chamber right now, every community activist, every staff person, every Councillor, my family - this is all of our work that makes this a great city. So, whether you worked with me on a particular policy issue, or on solving a problem in a neighbourhood - whether it's from a staff perspective; or whether it was from a neighbourhood activist perspective or a downtown activist perspective - the bottom line is, no one person accomplishes anything. It's always our teamwork together. And so, thank you all very much for doing the things you've done, for growing our downtown and for being as committed to this City as I am. Thank you" (much applause from Council and people in galleries.)

(Councillor Morelli just arrived and so Mayor DiIanni asked if he would also like to say a few words about Councillor Horwath.)

Morelli : " . . .let me just join with so many others hear tonight, in expressing my sincerest congratulations to Andrea and my gratitude, actually for her wonderful workship, partnership that that we've shared throughout the year as we actually share so many issues, as most of you know around here. But, more importantly, I always have appreciated her openness - not always agreeing, but certainly we have been able to sort out our differences and I can tell you that she has a strong sense of social conscience and I think she has taught me much in that area. I hope that I've also been able to assist her. So, I join with those in expressing my sincere best wishes for a wonderful stay in Toronto. I can tell you that obviously most of you are aware of the situation that existed and we laugh about and now we've spoken about it many times and I know that everything's for a reason. And, I can tell you that one of the strong reasons that I believe in is that Andrea will represent her constituency well with the issues that it's faced with, and I'm looking forward to working with her in trying to arrive at some of the solutions. So, God love you, God Bless you. It's been a pleasure and I look forward to working with you further. Thank you."

Horwath : "Mr. Mayor, if I could just . . . I'm not going anywhere. I'm going to be here and I'm going to be fighting with you at Queen's Park for this City for as long as I have the honour of representing the residents . . . " (Mayor DiIanni says, 'you can count on that and Member of the Provincial Parliament for Hamilton East, thank you' - much applause again from Council and people in the galleries as MPP Horwath leaves the Chamber. Andrea has some difficulty getting through to the Councillors lounge and Mayor DiIanni seeing her difficulty humourously notes, 'gosh, have we taken her card privileges away, already?')

DiIanni : "Just before we leave this and go onto committee reports. We've tabled - it should be in front of you - all of the Committees and Boards and sub-Committees that Andrea has been a member of . . . and know that some of you have expressed interest. If you would forward your interest to the Clerk's Office we wish to present a report with some of the replace at the next Corporate Administration Committee . . . So, do some thinking, talk to each other and see . . . there's some urgency with the Solid Waste Management Master Plan steering committee . . . as well, I just want to make clear that the representation for the residents of Ward 2 will, despite the fact that Andrea is not here, of course, which we've obviously talked about, we are covering off administrative representation and her EA remains in her roll. And, in terms of political representation, that will affect a number of you and Jennifer will be a clearing house, I suppose, in my office downstairs to engage people as appropriate in terms of issues that may arise . . . on the meeting on the 9 th , as well, there will be, staff will be presenting a report on the options we have in terms of this by-election - or any others that may . . . as well."

6. Committee Reports (Jackson / Kelly - CARRIED)

Mayor DiIanni : "Councillor Jackson, may I have a motion to move into Committee of the Whole for consideration of Committee Reports?"

Jackson : "It'd be my pleasure, Mr. Mayor. Moved by myself, and seconded by Ward 7 Councillor Bill Kelly, that Council move into Committee of the Whole for consideration of the committee reports."

Mayor DiIanni : "All in favour?" (hear Councillors say 'carried') "That's carried."

PUBLIC WORKS, INFRASTRUCTURE & ENVIRONMENT (Collins / Ferguson - CARRIED)

Mayor DiIanni : "Members of Council, the Public Works, Infrastructure and Environment Committee presents its 12 th report and respectfully recommends Item # 1 . . .#7"

6.1 Public Works, Infrastructure and Environment Committee, Report 04-012, May 17, 2004
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Public-Works/2004/May17/Rep04-012.pdf)

Item # 7 (Carried)

"7. City of Hamilton Storm Drainage Policy (PW04057) (City Wide) (Item 8.l)

1. That the City of Hamilton Storm Drainage Policy dated March 2004 become the guiding principle for storm drainage and stormwater management within the City of Hamilton.
2. That the proposed Storm Drainage Policy apply to all new development and redevelopment projects submitted on or after City Council's date of adoption of this report.
3. That applications for development or redevelopment submitted prior to City Council's date of adoption of this report be subject to the Storm Drainage Policy of the former municipality in which the development or redevelopment is located.
4. That the storm drainage guidelines and design storms of the former Municipalities of Ancaster, Dundas, Flamborough, Glanbrook, Hamilton and Stoney Creek and the former Regional Municipality of Hamilton-Wentworth remain in effect until the Guidelines for Storm Drainage Infrastructure Design, a companion document to the proposed storm drainage policy, are complete."

Whitehead : "Thanks, Mr. Mayor, I know that Councillor Mitchell and myself raised some issues relative to the current drainage issues in our respective wards . . . what's happening is . . . the drainage plans are not working and the residents are the worst for it. In fact, it's becoming more of a civil situation amongst neighbours and it's certainly not a direction that I want to see the City to go forward in . . . staff to look at, as I understand, revising the whole drainage policy and address these issues at the front end and ensure that the securities are there and that the neighbours or individuals who are purchasing these homes are satisfied with the drainage patterns that are taking place in their own yards and their own homes because currently, from my own experience, I've only been here a short time, the current policies aren't working very well and we have a lot of complaints about - I sure have a lot, I know that Councillor Mitchell probably speak to it, as well - needs to be addressed to create a more comprehensive policy and have more interaction with the people who live in those neighbourhoods and understand whether or not the drainage plans going in are, in fact, working. So, I just wanted to make a comment on that."

Mayor DiIanni : "Okay. Item # 7" (hear Councillors say carried) "Item # 8 - Councillor McHattie."

Item #8 (Carried - McHattie to be considered as OPPOSED)

8. Haudenosaunee - Hamilton Red Hill Agreements (PW04055) - (City Wide) (Item 8.2)

1. That Council approve the Haudenosaunee - Hamilton Red Hill Agreements (the Agreements).
2. That Council authorize and direct the Mayor and City Clerk to formally ratify and sign the Agreements subject to item (d).
3. That the Public Works, Infrastructure & Environment Committee review and endorse all potential contracts described in the Economic Opportunities Sub-Agreement before coming into effect.
4. That the City of Hamilton develop an implementation process with the Six Nations community that accepts the Agreements, clarifies key terms and concepts found in the Agreements, and addresses implementation roles and responsibilities.
   
   Councillors D. Braden and M. McCarthy indicated that they wished to be recorded as OPPOSED to this item.

McHattie : "Mr. Mayor, this is the agreement between the City of Hamilton and the Haudenosaunee Six Nations . . . I just continue to be concerned as a City, as a municipality, we're on shaky ground entering into an agreement with a separate nation - entirely separate nation. I've read some articles on this in terms of the different opinions. Some of the professors - Ottawa, for instance Carleton and other places - who are questioning the Constitutional legalities(?) around a municipality entering into an agreement with a First Nation. So, I wanted to bring that up as an issue that I continue to be concerned about and I hope that our staff continue . . . and seek legal opinion as necessary. And, I'd like to be considered as OPPOSED to this." [item]

Mayor DiIanni : "Item #8" (hear Councillors say carried) "It's carried. Item # 9 - Item # 9, Councillor Mitchell."

Item #9 (Carried)

"9. Stormwater Quality Management Strategy Master Plan for the Community of Stoney Creek - (PW03157a) - (Wards 5, 9, 10 and 11) (Item 9.1)

1. That Appendix B of Report PW03157 be revised to reflect proposed stormwater management facilities on Watercourses 6.1, 6.3, 6.4 and 10/11 that are now appropriate for inclusion in the Stormwater Quality Management Strategy Master Plan for the Community of Stoney Creek.
2. That the General Manager, Public Works Department be authorized and directed to file the revised Stormwater Quality Management Strategy Master Plan for the Community of Stoney Creek with the Municipal Clerk for a thirty (30) day public review period. "

Mitchell : "Thank you, Mr. Mayor. This is similar to Item # 7 that Councillor Whitehead just commented on and it gives us a 30-day public review of this document. And, I'm hoping to hear from citizens in the area. Some are bringing serious concern. I think this government has to protect the existing people and not turn it back to conflict between neighbours and so on and so forth. There is by-lay amendments that we're working on as we speak . . ."

Mayor DiIanni : "Item # 9" (hear Councillors say carried) "Item # 10 . . ."

Item # 10 (Carried)

"10. Red Hill Valley Project, Impact Assessment - (PW04054) - (City Wide) (Item 9.2)

That the existing Expressway purchase order be increased for Philips Engineering (PO #11726) by $265,000 for increased Impact Assessment requirements and the development of a monitoring program, associated with the implementation of adaptive management techniques as part of the conditions of approvals for the Project.

Councillors D. Braden and M. McCarthy indicated that they wished to be recorded as OPPOSED to this item. "

McHattie : "The issue here is the natural creek channel design of the Red Hill Creek as it moves through the Red Hill Valley parkland. And, the issue here is we're providing additional funding on of the consultants to carry on further work on this and the concern I have is that the natural creek channel work that we're planning is a full 7 km in length and I can tell you from my previous work across the Great Lakes, that's never been attempted anywhere else . . . perhaps up to a km or so but nothing of this magnitude and that way, it's pretty much an experiment that we're undertaking in the Red Hill Creek to redesign the Creek to that extent. So, I know we're identifying adaptive management techniques as our approach to this which essentially means, if it doesn't work, we're going to have to either work on it or try to mitigate the problems. And, I guess I've got a couple of concerns with that if this continues in the future. If it doesn't work, it doesn't work. I'm wondering about what the ultimate contingency plan is. Whether there is a blank cheque sort of situation where we continue to remediate into whatever the future may be in an indefinite way. What are out plans are there. So, I'll ask that question in a moment, to staff what our plans are on that."

"I'm also concerned as to what appears to be happening hear is that the Department of Fisheries and Oceans" (DFO) "of the Federal Government are quite concerned. And, I think that's why this adaptive management technique clause is in here, because the Federal Government is concerned and this size of a change to the Creek has never been attempted before. So, I'd like to hear from staff whether we, in fact, do have the approvals . . . at last Council Meeting, we approved 2 significant contracts - $45 million worth of contracts to build the road. And, it's my understanding that we [still don't have] the approval. And, the DFO is expressing real concerns around this point. So, if I can ask what the plans are if this creek change doesn't work? Do we continue to go in perpetuity on this? Do we spend an endless amount of money to fix the creek and, what is it the status of the DFO approval and I should add as well, other approvals that we heard about last time around we didn't have before I believe, before last council meeting and we still don't have, despite the fact we're still going ahead with this budget(?)"

Chris Murray (Acting Director, Red Hill Valley Project) : "Through you, Mr. Mayor, we've received authorization for the creek work . . . through the Department of Fisheries and Oceans. There are many conditions that come with an authorization of that kind. In one instance, the adaptive management approach . . . isn't unique to Red Hill. In terms of where we are with the approvals in general, we've received our work permits from the conservation authority a day ago, a couple of days ago; we've received a support order approval from the Ministry of the Environment concerning the Storm Water Management system and we have a letter of support from the Niagara Escarpment Commission (NEC), as well . . . Thursday, the staff person is away from DFO and will be getting back, I believe next week to review the answer to a question that was asked . . .to do with Red Hill. I agree, I think, that within an urban context relocation . . . is the exception. It is not the norm. But, if you look at 2 things: First, the individual that we've hired who is DFO's own expert in this area for Southern Ontario . . . most of the creek restoration work and engineering in Southern Ontario . . . you don't have to go any further than Red Hill to see his handy-work. One km of the creek . . .was designed and work over-seen by Mr. Annable adjacent to the Rennie Street Landfill which is holding fine. As well, there's about 200 metres of work up at golf hole # 11 at King's Forest. It's an Adaptive Management approach. . . . a few of weeks ago, when we were given an award for Public Works Project of the Year, the contractor said something I thought that was rather appropriate, he said, when you engineer a creek using heavy engineering techniques, such as concrete . . . of that nature, it's strongest day one, but over time it gets weaker and weaker and eventually fails to the point where you have to replace it . . . Natural channel . . . the opposite of that. It's the early period when it's stabilizing that it tends to be the weakest and after that with Adaptive Management . . . over time it gets stronger and stronger . . . The response that we got from the Conservation Authority granting us the work permits, based on a conversation that we did have with the DFO, our understanding . . . that they're quite happy with what we're doing and that they're just waiting for a staff person to get back to answer the question that we've asked. So, we remain confident that we're going to have our letters from them in time to meet the schedule . . ."

McHattie : "Mr. Mayor I hope we we're right . . . it is an ambitious under-taking and one that I hope . . . fix the creek. Natural Creek Channel Design is definitely the right way to go and I thank staff for following that. And, certainly Bill Annable is the best in the business. . . . nobody's done it on this scale and I just hope it . . ."

(Councillor Braden had a question for Chris Murray and unfortunately, the tape did not pick up either of them, and notes were lacking as we were trying to attend to the audio recording - which wasn't working very well, sorry.)

Mayor DiIanni : "Thank you, then, item # 10" (hear councillors say carried) "Number 11, number 12 - Councillor Powers."

Item #12 (Carried - as 'friendly' amended by Councillor Powers)

"12. Leash Free Parks in the Former Town of Dundas (PW04059) - (Ward 13) (Item 9.4)

1. That the "free running" designation currently afforded to Valley Community Centre Park, Sanctuary Park, and Olympic Sports Park, all within the former Town of Dundas be revoked;
2. That Sections 4(3)(b), 4(3)(c), and 4(3)(e) of By-law 01-169 Respecting the Control and Licensing of Dogs and Kennels be repealed;
3. That Warren Park, Little John Park, and Chegwin Park, continue in their status as "free running parks" given that they fully satisfy the "site selection criteria" in the City's current Leash Free Policy. "

Powers : ". . .as you're aware, over the last 15 months there's been quite extensive consultation with regards to the creation of free-running parks . . . Dundas has 6. We're suggesting that there be 3. One of the criteria that's been . . . is 'active' - extensive, active use of the park . . . the fact that the Valley Community Centre as a community centre, has the ball diamonds; that Sanctuary Park has the soccer pitches and a . . . centre; Olympic Sports Park has 5 soccer pitches . . . the final one is with regards to maintain one park - Little John Park, which is generally a passive park . . . Warren Park is used over the summer months - the 1 st of July through to Labour Day for programming for our Parks and Recreation Services. So, the last couple of years, I asked that there be no permitted use of free-running in Warren Park during that period. And, that in Little John Park . . . that if there are programs by the Parks and Recreation people that free-running be prohibited [in that same period]. If there's an amendment required of staff, or just take that as a correction, then I'm satisfied with that."

(Mayor DiIanni consults with the Deputy Clerk to see whether or not an amendment needs to be stated and voted upon. The clerk indicated that it was a friendly amendment - did not change the intent/nature of the motion. Councillor Power's just clarified the change for Item 12 ( c) after the words Warren Park 'exclusive of the period June 1 st through to Labour Day.')

Whitehead : " . . .to the amendment, in fact I got community meeting that free-running parks in Ward 8 and we are now going through a process. And, this is entirely because of the issue that came up in my consultations was that Dundas has 6 of them, why can't we have that many? So, there was some education throughout. And, I want to really thank the staff who were involved in presentations to my community . . . that they assisted in helping us to understand the process and helping us to understand what the criteria is. So, we embarked on that process . . . as Dundas was a bit of a monopoly as these free-running parks existed . . ."

Mayor DiIanni : "Thank you. Item # 12, as amended." (hear councillors say carried) "It carries. Number13 - Councillor Collins."

Item #13

"13. Golf Course Equipment (PW04064) - (City Wide) (Item 9.5) (a) That staff be authorized to purchase three greens mowers, five fairway mowers, and one rotary grass mower in accordance with Purchasing Policy 6, at an approximate cost of $418,025. (b) That the funds required for the purchase as per recommendation "(a)" be charged to the Public Works Operations approved 2003 Capital Budget Cost Centre 58550 - 4940351100. "

Collins : "Mr. Mayor, you're probably well aware of that the number of calls and correspondence from one of the bidders related to a tender . . . and as per policy, I'd like to refer this back . . . "

Mayor DiIanni : "So, on the referral motion . . . are there any speakers? No . . ."

(Councillor Braden asked if staff had any concerns, staff - Peter Crockett - said not insurmountable.)

Powers : ". . . how much did we spend on Golf Course equipment last year? . . ."

(answer from Peter Crockett - General Manager, Public Works - that money was spent last year from equipment reserve not operating budget)

Mayor DiIanni : "Right, well, we've had a referral motion. Moved by Councillor Collins, seconded by Councillor Jackson - all in favour of that?" (Councillors say carried) "That carried. Number 14, Councillor Collins, may I have a motion on the report as amended?" (a number of glasses are clinked. I couldn't make out the tape for the first one, very short, but then Mayor DiIanni acknowledged Councillor McCarthy's request to speak. Councillor McCarthy referred to an information item that was dealt with and approved by committee that wasn't in the minutes. However, upon closer examination, Mayor DiIanni noted that it was included in the report as Item # 6. Councillor McCarthy was satisfied with that.) "So, Councillor Collins, may I have motion on the report, as amended?"

Collins : "Moved by myself, seconded by Councillor Ferguson that the 12 th report of the Public Works, Infrastructure and Environment Committee be adopted as amended and the information section received."

Mayor DiIanni : "Thank you. All in favour?" (hear councillors say carried) "Carried. Thank you."

End of Part 1 of 3 - See Part 2 starting with 6.2 PLANNING & ECONOMIC DEVELOPMENT