Council

Council

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September 29/04 Report – Part 1 of 3
7 pm (actual start 7:05 pm)
Adjourned at 9:30 pm

Members of Council:

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

Members of Staff

Peter Barkwell - City Solicitor
Rose Caterini - Deputy Clerk, Manager - Legislative Services
Kevin Christenson - City Clerk
Neil Everson - Executive Director, Economic Development
Bill Fenwick - Director, Culture and Recreation
Catherine Graham - General Manager, Human Resources
Jim Kay - General Manager, Emergency Services / Fire Chief
Ron Marini - Planning and Development
Glen Peace - City Manager
Joe Rinaldo - General Manager, Finance and Corporate Services
Scott Stewart - Director (Capital Planning & Implementation) CPI, Public Works
Vicky Woodcox - Public Health and Community Services Department

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Members of the Media present:

Doug Cameron, K-Lite FM
Ken Mann, CHML
Eric McGuinness, Hamilton Spectator
Kevin Werner, Brabant
CH - TV
Cable 14

Summary:

Opening prayer

• Father Sims, St. Anthony's Roman Catholic Church on Barton Street (of interest: Church's 50 th anniversary)

Presentations

• Jim Kay, new General Manager, Emergency Services / Fire Chief receives Chief's Badge and uniform medals - officially investing him as Fire Chief for the City of Hamilton

• Rikki Frith (Public Health and Community Services) in her capacity as volunteer Media Co-ordinator for "CIBC Run for the Cure" - gives presentation and encourages participation of Council and other in this event which raises funds to fight breast cancer

Communication Items

• Correspondence from City of Brampton asking other Central West Region municipalities to support request to Ontario Ministry of the Attorney General for additional Judicial Resources re: shortage of Justices of the Peace

• Correspondence from Cathy Gazzola, President of Durand Neighbourhood Association re: funding to cultural organizations

• Correspondence re: Co-ordinated Access to Social Housing - from: Carl Henderson, Stoney Creek Non-Profit Housing Corporation; from Karen Davis, Hamilton East Kiwanis Non-Profit Homes Inc.

• Correspondence re: Lowndes Holdings application for aggregate open pit mine operation in Flamborough - from 29 people

Committee Reports

- 6.1 Public Works, Infrastructure and Environment Committee, Report 04-016, September 20, 2004 - no discussion

- 6.2 Planning and Economic Development Committee, Report 04-016, September 21, 2004

• Item # 15 - "Information Report on Proposed Quarry in Former Falmborough, 11 th Concession Road East" - concerning Lowndes Holdings application, aggregate open pit mine; number of residents came to Council in opposition; question at tonight's Council revolved around the how the application will be processed; (McCarthy) " policy framework by which the application will be evaluated. It sets out the conditions and the agencies that will have to respond. And, what it's successfully done has itemized all the issues that will be flushed out in a very, very public way. "

• Item # 14 - "Response to province of Ontario Greater Golden Horseshoe Growth Plan Report" - (Mitchell) amendment to 14(a), Map No. 2 " it's also to include the OPA #14 for Stoney Creek, Urban Expansion Area. "

- 6.3 Corporate Administration Committee, Report 04-012, September 22, 2004

• Item # 4 - "Request for Delegation re: RFP Co-ordinated Access System for Housing" (staff-Vicky Woodcox) - " as was discussed at the Committee, last week, there is, there will be an independent, internal review process for this. "

• Item # 5 - "RFP Co-ordinated Access System for Housing" (Ferguson) - motion to delete 5(b) and replace with " the following in lieu thereof: 'that the staff report HCS04059 be publicly released following the severance of information by the appropriate City staff, referencing identifiable proponents.' "; (Whitehead) raises question, " what kind of accountability and performance reviews are incorporated into this contract?" (staff-Vicky Woodcox) ". . . we will be developing a lot of measures within this service agreement . . . issues related to the client service; to monitoring of complaints; to the insuring compliance with policies and protocols related to the wait list, in terms of review, etc. . . .it's very clearly specified through the Social Housing Reform Act, that we as Service Manager are accountable for this and we will be building those components into the contract."

- 6.4 Strategic Planning and Budgets Committee, Report 04-011, September 22, 2004 - no discussion

- 6.5 Public Health and Community Services Committee, Report 04-003 September 28, 2004

• Item #8 - "Golf Courses / Ski Hill Operations (McHattie) - on the Chedoke golf course/ski hill "I think we should be maintaining those as City-run golf courses right from this point forward. Last year, we know the golf courses made money. Money went into the capital reserves and it's successful. I'd like to see that continue. . . . The main point I wanted to make, was that there was an article in the Spectator this morning that spoke to the possible sale of the Chedoke Golf Course lands. And, I want to say, from a Ward 1 perspective, that's the last thing that we want to see. And, I'm going to do everything in my power to make sure that doesn't happen"; (Jackson) correction to 8(c) "it should say in there 'both in 2004 and in 2005.' That's not stated in there because we need a time by year's end to get the evaluations in and for the sub-committee to review them early next year. So, we wanted to provide stability to our golfing fraternity and community and in the original staff recommendation, it should say in there as well, 2005."; (Merulla) "glad that Councillor Whitehead brought forward the Motion surrounding the public bid and one that I've encouraged, just so that we can really get to the bottom of it, because I think far too often, for far too many years we've had ideological battles but nothing based on the actual facts, themselves. And frankly, I was wanting to take even the, the actual purchase of the lands, or potential purchase of lands into account in order to get really to the bottom of all of these issues and truly evaluate it based on the facts, rather than ideology."; (Collins) "just curious, the recommendation that's before us doesn't speak to the assumptions we're using in the creation of the RFP. And so, will they be presented to the subcommittee that's formed here, or is that something that is prepared by staff and put into the RFP and then advertised?" - response from (staff Bill Fenwick) "the intent of it was the Evaluation Team would have input into the RFP once it's, once we draw up the specifications. We would also need assistance from an outside consultant in drawing up the specifications and looking at Terms of Reference for a criteria for the evaluation of that. And, we would hope that the team that is pulled together by Council and staff would work together on that. It's, in my opinion, it's too big of an issue, not to have involvement from both sides."

• Item # 7 "Recently Arrived Somali Refugees in Hamilton" (Whitehead) on the need for more Federal financial assistance to Hamilton "And, I think that's, that's paramount to make this thing work and for this community to do our part, we need the assistance of the Federal Government and I'd like to deliver that message loud and clear." (Mayor DiIanni) ". . . a very valid point. And, in fact, it's one of the messages that I'm also trying to deliver directly to the Minister because of the very, very serious conditions that we find these refugees in and for us to be given 1 year funding - partial funding, let me add - for a longer term settlement issue isn't fair to this community so we'll try to be strong in that."

Motions

• 7.1 Establishment of an Election Review Task Force (McHattie/Merulla - CARRIED)

• 7.2 amendment to Item #2 of Planning & Economic Development Committee Report 04-013, re: Demolition Permit - 432 MacNab Street North (Morelli/Merulla - CARRIED)

• 7.3 List of Citizens to be appointed to October 1, 2004 by-election and 2006 Municipal Election Compliance Audit Committee (Kelly/Jackson - CARRIED)

• 7.4 staff to enter into discussion with CP Rail - re: suspension of rules regarding train whistle-blowing, public crossing at Carlisle Road (McCarthy/Merulla - CARRIED)

• 7.5 to suspend Rules of Order to reconsider Item 11(5), COW Final Budge Report 04-003 re: closing Dental Program Clinics ($130, 000) (Bruckler / Collins - CARRIED)

• 7.5(a) to reconsider Item 11(5), COW Final Budge Report 04-003 re: closing Dental Program Clinics ($130, 000) (Bruckler / ?? - CARRIED)

• 7.5(b) to rescind Item 11(5), COW Final Budge Report 04-003 re: closing Dental Program Clinics ($130, 000) and financing be found in Public Health and Community Services operating budget (Bruckler / Collins - CARRIED)

• 7.6 staff to negotiate and purchase services of Centre for Community Study to represent City's interests at upcoming CRTC hearings re: lack of television media diversity in Hamilton (McHattie / Merulla - CARRIED) (cost not to exceed $5, 000, funds to come from General Contingency)

Statements from Members of Council

• (Whitehead) - Public meeting Oct. 6, 2004 - discuss HSR Sanitorium route re: Redfern (?)and St. Peter's Long-term Care facility

• (Pearson) - comments on Environment Day, Sept. 26, 2004 Mohawk College Saltfleet Campus put on by City staff

• (Mitchell) - Famee Furlane of Hamilton, Oct. 2, 2004 (Hendershot Road, in Glanbrook) to celebrate 35 th anniversary

• (Morelli) - Hamilton Community Foundation meeting with many of inner-city groups, Thurs. Sept. 30 at St. Brigid's school; 50 th Anniversary St. Anthony's Church on Barton Street, Sunday, Oct. 3; mentions meeting on high-risk offender releases as well as release of new crime statistics - " which has shown improvement. And certainly, I want to point out that we accept those as a constant work in progress. And that, they're a good relative number. But, we still have a lot to do with the absolute numbers."

• (Merulla) - voices concern about wording of lawsuit Ontario Superior Court of Justice - City of Hamilton versus people named therein surrounding the Red Hill Creek Expressway. " . . .if responding to a minority of constituents is abuse of public office, my God, Mr. Mayor, I'm guilty of it everyday. And, I'll be quite frank with you, as you know. And, I'm, I'm just, I'm a little concerned about the wording."

• (McCarthy) - voices concern about same lawsuit ". . . I think the whole premise of suing the Federal Government from our perspective might not be advantageous when, in fact, we go with hat in hand asking them for funding, for our basic infrastructure needs in this community."

• (McHattie) - voices concern about same lawsuit ". . . real serious situation when we're actually suing the Federal Government at the same time as we're asking them for support to clean up the Bay and to do other things to make this City a better place. . . . They're people who live in this community and we're asking them to work with us on one hand; and on the other hand we're actually naming them in a lawsuit. So, I've got a serious problem with that . . ." and also expresses concern about if the lawsuit was approved by Council. " . . . has this, this action been authorized by Council and maybe, just the comment was that we should be in camera. Well, is this actually in the courts? I don't believe it is. So, just clarity on where this is - because if it's in the courts and it hasn't been authorized by Council, I've got a real serious problem with that, Mr. Mayor."

• (Kelly) - on Hamilton's economic performance " I just wanted to bring to Council's and the public's attention the fact that, earlier today the Conference Board of Canada came out with their Annual Report and has highlighted Hamilton as one of the top performing economies for the 2004/2005 which is another good news story."

• (Jackson) - on the Concession Street BIA and the incident of attack on business man on Concession street and issues flowing from that " in a recent meeting with them, I can tell you that their resolve is extremely strong after the very unfortunate and unnecessary and preventable tragic incident that occurred a couple of weeks ago, now, at the pawn-broker shop. . . . we've met recently with the BIA and there's so much positive to promote on Concession Street and they are collectively stronger, working closely with our police services and our police board and that we're going to go forward and they're open for business, Mr. Mayor."

• (Bruckler) - on a public meeting regarding development application Paramount and Winterberry "purpose of that meeting was actually to discuss and to receive input on a development application . . . about a 50 acre development in the corner of Paramount and Winterberry that the application also calls for about 500, 000 square feet of commercial development. And, which is right across from Janet Lee public school. So, you can see there's a lot of angst from the, from the community and I thought it was very important that people have an opportunity for input very early in the process . . ."

• (Mayor DiIanni) - on the High Risk Offenders Unit " very pleased to see the police, the Police Services Board, the Chairman of the Board, as well as other councillors working with the community, really, the BIAs and others on this issue. We're going to press very hard on it and we hope to get some positive results for the community."; on the Oct. 1, 2004 By-Election in Ward 2 and 13 "encourage all residents, who may be watching to - and are eligible to vote in those two wards - to do so, so that we can, once again, have a full compliment of Council next week. I have met with staff and we'll get the new councillors working very, very quickly, once the By-election results are confirmed by our Clerk . . ."; also mentions the First Annual Mayor's Grand Prix (Oct. 2, 2004) to raise funds for charity - Volunteer Hamilton

COUNCIL AGENDA

Call To Order

National Anthem

Prayer

Mayor DiIanni : "Thank you; please be seated. And, welcome all to this evening's Council meeting. I'd like to welcome Father Robert Sims of St. Anthony's Roman Catholic Church to this evening's meeting. Father Sims was born, raised and educated in the East end of Hamilton. He attended Holy Family and St. John the Baptist Elementary Schools and Bishop Ryan High School. He is a graduate of St. Jerome's College at the University of Waterloo and St. Peter's Seminary in London, Ontario. In 1978, Father Sims was ordained a Priest at the Cathedral of Christ the King in Hamilton; has been a Pastor at St. Ann's Church, Regina Mundi and St. Patrick's Church. Please welcome Father Sims and would you please lead us in prayer. Father Sims."

Father Robert Sims : "Thank you, Mayor. Let us bow our heads in prayer. Lord, our God, look with love on the people of Hamilton and keep them safe in your service. Guide the members of this City Council. Grant them wisdom and insight. Allow them to be men and women of courage, strength and integrity. And, help them to work together in peace and harmony for the good of all citizens of our great City of Hamilton. Bless their plans and deliberations and bring them to success. Father, we ask this grace through Christ, our Lord. Amen."

Mayor DiIanni : "Thank you, Father Sims. And, just as Father Sims is leaving, to attend a CWL (Catholic Women's League) meeting, I understand, we want to wish you luck, this weekend, because St. Anthony's is celebrating its 50 th anniversary as a Church on Barton Street. So, good luck. Thank you." (someone in gallery begins to applaud) "Yes, you can applaud for Father Sims, if you'd like; why not." (Galleries applaud Father Sims.)

1. Approval of Agenda (McCarthy / Merulla - CARRIED - as amended)

Mayor DiIanni : "Mr. Clerk, are there any changes to the Agenda?"

Kevin Christenson - City Clerk : "Yes, thank you, Mr. Mayor. We have added Council Communication Item from Cathy Gazzola, President of Durand Neighbourhood Association respecting funding to cultural organizations. This will be added as Item 5.2, with a recommendation that this correspondence be Received. We also have add Council Communication Item 5.3 from Karl Henderson, Stoney Creek Non-Profit Housing Corporation requesting Council to reject the recommendation before you, this evening, respecting Co-ordinated Access to Social Housing. And, added Council Communication item 5.4 from Karen Davis, of the Hamilton East Kiwanis Non-Profit Homes Incorporated, requesting the recommendation be referred back to the Public Health and Community Services Committee. This Item appears on the Corporate Administration Committee Report as Item 5. We have received a large number of e-mails from concerned residents respecting an application made by Lowndes Holdings for an aggregate open pit mine operation in Flamborough. This is an information report. It's contained in the Planning and Economic Development Committee Report as Item 15. These items of correspondence --it'' a recommendation that they be forwarded to Planning Department for a report. We also have added Motions as items 7.4 from Councillor, respecting whistle-blowing at public crossings; and Item 7.6 by Councillor McHattie, respecting the up-coming CRTC hearings. As well, we have two 'in camera' matters to deal with tonight respecting contractual matters."

Mayor DiIanni : "Thank you, Mr. Clerk. Members of Council, may I have a verbal motion to approve the agenda as amended? Moved by McCarthy; seconded by Merulla. All in favour?" (hear Councillors say carried.) "That's carried."

2. Declaration of Interest

Mayor DiIanni : "Members of Council, are there any declarations of Interest? Councillor Ferguson."

Ferguson : "Mr. Mayor, Planning and Economic Development Report 04-016 and Corporate Administrative Committee Report FCS04-023F."

Mayor DiIanni : "Thank you. And your interest?"

Ferguson : "The first one's a neighbour; and the second one's a relative."

Mayor DiIanni : "Thank you. Councillor Kelly - that's noted, Mr. Clerk, right? - Councillor Kelly."

Kelly : "On the 'Motion' section, Mr. Mayor, a Motion that Councillor McHattie will be bringing forward a little bit later on, regarding CRTC" (Canadian Radio-Television Telecommunications Commission) "and television broadcasting. And I perceived a conflict there since I do a little bit of that, myself."

Mayor DiIanni : "Yes, well, you do that. Yes, you do - so do we all, I suppose. But, you do that." (some giggles from Council and galleries) "Very good, that's a, that's noted, as well."

3. Ceremonial Activities

Mayor DiIanni : "Seeing no others, then, for our first presentation, Members of Council, a couple of ceremonial issues."

3.1 Presentation to Jim Kay, General Manager, Hamilton Emergency Services

Mayor DiIanni : "One, actually, and very important one. I'd like to invite Jim Kay and Glen Peace to join me at the podium, please - Jim Kay and Glen Peace." (Council and galleries begin to applaud) "At our last Council meeting on September the 15 th , Hamilton City Council approved the appointment of Jim Kay as General Manager of Emergency Services. Jim Kay was seconded to the position of Acting General Manager of Hamilton Emergency Services / Fire Chief, since February, 2004. He has more than 23 years of experience in Emergency Services. Jim joined Hamilton Emergency Services on March 20 th 2000; and was appointed to the position of Deputy Fire Chief - Operations. Previous to working for the City of Hamilton, Jim had nearly 2 decades of experience with the Burlington Fire Department and held the rank of Deputy Fire Chief there, since 1996. In addition to his practical experience, Jim has extensive academic credentials in management and administrative disciplines from: the Ontario Fire College, the Canadian Emergency Preparedness College, the University of Western Ontario, Queen's University, the Ontario Municipal Management Accreditation Program, and Mohawk College. Wow, that is impressive. He is presently, however - he hasn't finished yet - " (giggles from Council and galleries) "he's presently continuing his studies in the Ryerson University Political Science degree program. Jim is joined tonight by his wife, Mary. Mary would you please - let's acknowledge Mary, welcome." (applause from Council and galleries) "And, their 2 daughters, Julia and Andrea." (more applause) "There they are. And, a whole bunch of other people who look like Jim. So, I'm assuming they're his brothers. In fact, I know that they are. So, you guys can inter-change one with the other, right, Doug. Tonight, in keeping with the long-standing tradition of the fire-fighting services, Jim will receive his Chief's Badge and uniform medals - officially investing him as Fire Chief for the City of Hamilton. I now as City Manager and former Fire Chief, Glen Peace, to please do the honours."

Glen Peace - City Manager : "Thanks, if I just might say a couple of words."

Mayor DiIanni : "Yes."

Glen Peace - City Manager : I just want to say what a pleasure it is for me to be able to do this, this evening. Jim and I have worked together since 1996 and I am confident in saying that he will meet his duties of office with all the professionalism that this City deserves. So, it's a great pleasure and a privilege for me to do this. So, thank you." (Applause from Council and galleries)

Jim Kay - General Manager, Hamilton Emergency Services / Fire Chief : "Thank you your Worship, Members of Council and Mr. Peace. I was told to keep my speech short. But, I don't think 'Wow' is probably appropriate. And, that would be way too short. So, I would like to take this opportunity, though, to publicly thank my family for their love - certainly their support and their understanding that they provided throughout my career. For all those missed dinners, the late nights, early mornings and, yes, the few functions that I've had to miss. Specifically, though, I would like to thank my wife, Mary; my daughters Julia and Andrea - and both our parents here, tonight. My mother, Stella, and Mary's father, Joe. My brothers who have joined me and my sister, Debbie. It's been a dream come true, quite frankly, for me to become the Chief, in my hometown. Remarkably, though, I must say that the dream has been enhanced by also having the added privilege of representing the skilled and talented paramedics that also work within the Hamilton Emergency Services. And, it goes without saying, too, also, have the opportunity to work directly with City Council as a member of Corporate Management Team. Very few people ever get the opportunity to fulfil a dream. And, I certainly have been Blessed with that. So, once again, I'd like thank all of those people who have come out to support me, tonight. There's some senior officers here. And, of course, to all the other people in the gallery, who didn't come out to see me, necessarily" (laughter from Council and galleries) "and probably didn't read their agenda very carefully" (More laughter) "But, your presence here certainly has made this wonderful occasion even more special and I thank you very much." (ongoing applause from Council and galleries)

Mayor DiIanni : "Well, well done, Chief Kay. And, it is a pleasure to officially give you the appropriate badges. You are one proud Hamiltonian; and I think Hamilton is proud of you, tonight, as well. And, " (pointing to the gallery) "I thought these were your cousins from Flamborough, actually." (laughter from Council and galleries)

3.2 CIBC Run for the Cure

Mayor DiIanni : "Very good. For our second item - we did have a second presentation. For our second presentation, I'd like to call upon Rikki Frith, from our Public Health and Community Services Department, who will speak to us about the up-coming 'CIBC Run for the Cure' and I know that we've been involved in this before. So, we'll give you a chance, Rikki, to come forward and tell us what this is all about." (applause from Council and galleries.)

Rikki Frith - Administrative Assistant to the General Manager, Public Health and Community Services : "Thank you, Mayor. I've never come right up to the front, so I wasn't quite sure where to go from here. And, of course, we always come baring gifts. We certainly want to bribe you - however way we can. I'm representing the Canadian Breast Cancer Foundation - 'CIBC Run for the Cure.' I'm the Media Co-ordinator. That's one of the volunteer things I do and I came last year. And, of course, I bragged about how we beat Burlington in the Mayor's challenge. We managed to get a few more Hamilton bodies out, as far as new numbers go. But, this year, I thought, I'm going to sort of impress upon you sort of what the run is about and what it means. About 3 years ago, my mother-in-law was diagnosed with breast cancer. Now, it hit here pretty quickly. And, she was elderly; and so, it ran through her fairly quickly. And so, unfortunately, see did pass away. A couple of months later, I had received a call from a friend of mine, named 'Rick.' And he said, 'Rikki, we need some help.' He says, 'we're putting together this committee for the Canadian Breast Cancer Foundation, because we're going to make this run quite something. We're going to really pick it up and run with it.' So, I thought, 'Oh ya, that seems appropriate. So, off I go and I happen to tell my boss, Joe-Anne Priel. I said, 'Joe-Anne, I've got another thing to do. Can you believe it.' A couple of weeks later, wasn't Joe-Anne diagnosed with breast cancer, herself. So, I thought, okay, this is really getting personal, now. So, I approached a few of my co-workers and I said, 'you know what, maybe we can throw a team together. What do you think?' So, about 13 of us got together; the staff and they raised, you know, I think about $1, 000 or so. And, they had a great time. They all wore matching bandanas so that they supported Joe-Anne, because of course, she was wearing her blue bandana. And, it ended up being a great day. Last year came along, and our team got a little bigger. I think we got to about 35 people, or so, and again Joe-Anne came in it. And, we had a couple more breast cancer diagnosis in our departments. So, it got a little bit more meaningful, again. Now, this year's come along. And, sadly enough, we had yet a couple more breast cancer diagnosis. And, it seems to me, that it's getting younger and it's affecting more people. So again, it got more meaningful; it got more personal. So, we've got this year, in our Public Health and Community Services department, a team of about 72 people. We are up to about $5, 200 in donations. I know Clerk's has, I think, 13 people; Culture and Rec has a couple teams who have joined forces with a law firm, there. We have some members from Planning and Development. I think Raphaella Cowell (Sp?) has put together a team. She's another recent survivor. I think she's still actually continuing her battle. But, what strikes me is when you go to the Run for the Cure - now, you figure this is the Hamilton-Burlington-Oakville site. We get about 5, 200 participants - so, amongst all these people, there's say, you know, 6, 000 people give or take with media and people milling about, and they've all got these white T-shirts and they all have, of course, the breast cancer ribbon on them. And, amongst the landscape, you see these pink T-shirts. And, you realize at that point that these are all survivors - typically women; I don't want to exclude men - but typically women survivors and they're walking around and they've got their families and their friends and they're surviving. They are surviving. They're strong and they're powerful and they're walking and they're running. And, they've got their families with them. And, it's at that point, you realize, 'Ya, this is what I'm doing this for. This is what I'm here for.' And, then you wander over to this Wall of Hope. And, this is an incredible moment. It's this humungous Wall of Hope that we hang between some trees and people are signing these messages. And, typically, they say: 'I'm running for my Mom;' 'I'm running for my sister.' You know: 'Mom, you give me strength.' And then, there's the message that hit me last year. And, it was, it was a message, and I believe it said something to the effect of: 'I'm running in memory of my wife, Carol, because I'll be damned if I'm going to let someone else I love die from this disease.' And, at that point, you realize, 'Ya, ya this is what it's about.' You turn around and you see these people and you think, this is great. So, I just wanted to come tonight to just sort of promote our Run. It is this Sunday. It starts at 9:30 in the morning at Central Park, which is in Burlington, which is on Drury Lane. It's a great spot. We have an incredible day. It doesn't take that long. We have a 1 km or a 5 km. You can either walk it; run it. You know, bring your family; bring your dog. You know, people are - we have some serious runners. We usually let them go first because they get through the race in about 12 to 15 minutes and the rest of us take forever. But, you know, if you can come out, please do. If you just want to come out and just see it. It is a sight; it's incredible. And, I know the Mayor's going to be there. He's going to be helping us kick off. And, I was doing a show this morning on Country 95.3 - for those of you who listen to country music, and Stu - Stu and Colleen are the morning team - and, Stu says to me, 'You know, I was talking to someone and they said that they hold the CIBC Run for the Cure up as the standard and they said it is a machine.' And, it's a machine that's growing every year because, of course, we have 40 sites nationwide and we all kick off at the same time, on the same day every year. So, that's kind of neat. I mean, this an incredible, incredible event and it is the Canadian Breast Cancer Foundation's largest fundraiser. So, we're hoping nationally to raise about $18, $18.2 million and locally probably about $520 - $530 thousand. So, if you're not doing anything on Sunday, come on out. We'd love to see you. I know all of our City of Hamilton teams would love to see the support, because they're going to be out in droves and they're going to be excited and keen. And, they're going to have their City of Hamilton T-shirts on so that we can certainly brag. And, next year, you know, if you're not doing anything, and I'll come back, maybe in September of next year, we could put a City Council team together. That would be the first team - you'd be the first team across Canada out of all 40 run sites that would put a City of Hamilton Council team in. So, if you're not doing anything, come on out. It's cheap enough; it's a good time. You get great T-shirts; great run kit; free food at the end. It's great." (laughter from Council and galleries) "Thank you very much." (applause from Council and galleries)

Mayor DiIanni : "Well, I'm pleased to be there, Rikki. You've got to work on your enthusiasm, though, Rikki." (laughter from Council and galleries) "You're a little, you are a little laid back about these things." (more laughter) "But, actually, it's a great cause. If there's anybody in this chamber, this evening, who hasn't been affected by cancer and breast cancer, probably in immediate family of some sort, you're lucky. And, I'm glad that Rikki pointed out that most of the victims are women. But, men are not excluded. I do know someone - an acquaintance - who passed away from breast cancer, as well. So, it's a cause that needs to be supported. So, thank you for the message."

4. Minutes of the meeting of City Council held on:

4.1 September 15, 2004 (Kelly / Ferguson - CARRIED)
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Sept15/Minutes.pdf)

Mayor DiIanni : "Members of Council, may I have a verbal Motion to approve the Minutes of the City Council meeting held on September 15 th , 2004? Moved by Kelly; seconded by Ferguson. Questions? All in favour?" (hear Councillors say carried) "That's carried."

5. Communications

5.1 Correspondence from Sonya Pacheco, Legislative Coordinator, City of Brampton respecting Request for Additional Judicial Resources ( Jacskson / Kelly - CARRIED)
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Sept29/Item%205.1.pdf)
Recommendation: Be received and referred to the City Clerk for a report to the Corporate Administration Committee.

Mayor DiIanni : "Councillor Jackson, may I now have a Motion on Communications?"

Jackson : "Mr. Mayor, you may. Moved by myself; seconded by Ward 7 Councillor Bill Kelly, that Council Communications Item 5.1, respecting request for additional judicial resources be received, referred to City Clerk and report to Corporate Admin. Committee. And, (b) that the following added Council Communication Items be received: Items 5.2 regarding Durand neighbourhood; 5.3 Stoney Creek Not-for-Profit; 5.4 regarding Hamilton East Kiwanis. And, item (c) that the e-mails received from concerned residents, respecting application made by Lowndes Holdings for an aggregate open pit mine operation in Flamborough be forwarded to our Planning Department, Mr. Mayor. Thank you."

Mayor DiIanni : "Thank you. Moved and seconded. Questions? All in favour?" (hear Councillors say carried.) "That's carried, then."

6. Committee Reports (Move into COW - Jackson / Kelly - CARRIED)

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

Jackson : "Mr. Mayor, you may. Moved by myself; seconded by Ward 7 Councillor Bill Kelly, that Council move into Committee of the Whole for consideration of our Committee reports."

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

6.1 Public Works, Infrastructure and Environment Committee, Report 04-016, September 20, 2004 (Collins / Ferguson - CARRIED)
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Public-Works/
2004/Sept20/Rep04-016.pdf)

Mayor DiIanni : "Members of Council, the Public Works, Infrastructure and Environment Committee presents its 16 th report and respectfully recommends: Item # 1" (Councillors say carried) "# 2 . . # 5 Councillor Collins, may I have a Motion on the Report?"

Collins : "Mr. Mayor, it's Moved by myself; seconded by Councillor Ferguson that the 16 th Report of the Public Works, Infrastructure and Environment Committee be adopted and the Information Section received."

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

6.2 Planning and Economic Development Committee, Report 04-016, September 21, 2004 (to be distributed) ( Kelly / Jackson - CARRIED )
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/
2004/Sept21/REPORT%2004-016.pdf)

Mayor DiIanni : "Members of Council, the Planning and Economic Development Committee presents - also, its 16 th Report and respectfully recommends: Item # 1" (hear Councillors say Carried.) # 2 . . . # 15" (hear a glass clink) "# 15, Councillor Ferguson."

"15. Information Report on Proposed Quarry in Former Flamborough, 11 th Concession Road East (Ward 15) (PD04244) (Item 8.1)

(a) That this report be received for information purposes.

(b) That the Planning and Development Department report back to the Planning and Economic Development Committee with recommendations related to the anticipated development applications, following completion of public consultation and the review of the necessary supporting documentation by concerned departments, agencies and peer reviewers.

(c) That Council request the proponent to pay all costs for retaining peer review consultants to provide expert advice to City staff in the review of applications and supporting documentation/studies, including the retention of an Aggregate Planning Advisor.

(d) That the matter, Item 23 of the Planning and Economic Development Committee Minutes 04-012 (Item 9.1), be removed from the Outstanding Business List."

Ferguson : "Mr. Mayor, out of courtesy to, I think, there's quite a few people - "

Mayor DiIanni : "I was going to make a comment - "

Ferguson : "Okay, thanks."

Mayor DiIanni : "Yes, # 15, this is the issue of the quarry in the Flamborough area that many residents are here to hear about. And, what Council is doing tonight, is essentially initiating the process in a legal way. And, the process will include the formulation of reports. It'll include public meetings. It'll ensure that people are involved in this every step of the way, before Council has to make any decision. So, essentially, this is a process item that is being approved tonight. And, nothing, in terms of the application is being considered. And, nothing will be considered before the public process engages. Mr. Marini, did I leave anything out?"

Ron Marini - Planning and Development : "You covered it all, Mr. Mayor."

Mayor DiIanni : "We'll give Councillor McCarthy a chance to say a word about that, as well, if she'd like."

McCarthy : "Thank you, Mr. Mayor. And, again, just for the people that are in the audience, this is a policy framework by which the application will be evaluated. It sets out the conditions and the agencies that will have to respond. And, what it's successfully done has itemized all the issues that will be flushed out in a very, very public way. When the application has been fully reviewed and has had comment to from different agencies. Thank you."

Mayor DiIanni : "Thank you. Councillor Kelly and then Merulla."

Kelly : "Thank you, Mr. Mayor. Just to reiterate your comments and those of Councillor McCarthy, too. I've responded through e-mails and phone calls to a number of concerned residence about this over the next little wh, or, the last little while, anyway. And, just to reassure them that this public process is totally transparent, that there would be an evaluation of any application - which I understand has now been filed. So, the process has begun. Staff will evaluate that against our standing by-laws and against any applications for changing of any of those by-laws, of course, and those will be evaluated. It is a public meeting and the residents, through Councillor McCarthy's office and through the City, of course, will be notified of that public meeting. At that public meeting, which will be at our Planning and Economic Development Committee, which will be held here in the Chambers, we do, of course, entertain public delegations. So, once they receive notification of the meeting, if they want to speak to the item at that particular meeting, of course, we make that allowance for them to do so, too. So, they will have an opportunity to personally express their support or not - non-support, I suppose, is the other spectrum - for the application at that time. And that, at that point, with that staff report in hand, with public information in hand, then that committee will make a decision. And, of course, that'll come on to Council. But, we're some weeks away from that, now, Mr. Mayor. And, I just wanted to let people know, that as you have already explained, this is not the end of the process; this is the beginning of the process. And, there's a lot more to come and a lot more public involvement. And, we welcome, I'm happy to see so many people here, just as we're so happy to see so many e-mails and phone calls over the last little while." (giggles from people) "No, it's great to get public participation. The last thing we like to see, especially at Planning and Economic Development is for people to say, 'well, we didn't know about it and we did care. Now - ' you know. These people are obviously being very proactive and that's fantastic. That's what we want in this community. And, we look forward to their input into the public process as well. Thank you."

Mayor DiIanni : "Councillor Merulla."

Merulla : "Well, now that Councillor Kelly just stole my thunder, I" (laughter from Council and Galleries) "I simply wanted to concur with -" (someone says something to Merulla off microphone and Merulla laughs) "indeed. And, I have received the same e-mails and I just want to reassure the residents from Flamborough and through dialogue with Councillor McCarthy, who's worked diligently on their behalf, that we do support them. And, I know from my perspective, I look forward to supporting their view on this, rather than anyone else's. Thank you." (applause from gallery)

Mayor DiIanni : "Councillor Mitchell"

Mitchell : (says something off microphone)

Mayor DiIanni : "Okay, I'll come back to that. So, on # 15, then, we've approved that; we've explained that. Councillor, you want to take us back to 14?"

"14. Response to Province of Ontario Greater Golden Horseshoe Growth Plan Report (PD04243) (City Wide) (Item 7.1)

That the City of Hamilton applauds the Province of Ontario for its initiative to develop a Greater Golden Horseshoe Growth Plan in partnership with municipalities and other stakeholders. The City of Hamilton wishes to work co-operatively with Provincial Ministries for the prompt implementation of Growth Plan objectives through its Growth Related Integrated Development Strategy (GRIDS) program.

And that the City of Hamilton recommends the following improvements be made by the Ministry of Public Infrastructure Renewal (MPIR) in preparation of a final Plan:

(a) Map No. 2 - Areas Experiencing Rapid Growth be corrected to reflect approved Regional Official Plan boundaries in the City of Hamilton. It is requested that Waterdown and Binbrook be represented as areas 'Experiencing Rapid Growth' and Greensville be represented as a 'Designated Settlement Area" as identified on Appendix A to report PD04243. "

Mitchell : "Yes. I had an amendment for Item (a) under Map 2, Mr. Mayor. And, it's also to include the OPA #14 for Stoney Creek, Urban Expansion Area. So, that needed to be added to (a) under Map 2, as well as -"

Mayor DiIanni : "Did I miss that; did I miss that or - "

(someone off microphone says: 'we just went through it.')

Mitchell : "It's moved by myself and seconded by Councillor Pearson - that amendment."

Mayor DiIanni : "And, you've got that in writing, Mr. Clerk?"

Mitchell : "Got that right here."

Mayor DiIanni : "Can we pass that over to the Clerk? And so -"

Mitchell : "In response to that, Mr. Mayor, we've already passed, as a Council, that urban expansion area. And, we're continually requesting that that area be lifted and taken out of the Green Belt, and so on. And, this is just adding it to this report to be included, as well. And, staff support that idea. It was prepared by Mr. Mason."

Mayor DiIanni : "That was prepared by Mr. Mason?"

Mitchell : "Yes."

Mayor DiIanni : "Is there a comment from staff on that - Mr. Marini?"

Ron Marini - Planning and Development : "No, Mr. Chairman. Mr. Mason has been consulted on this matter. He concurs with the amendments."

Mayor DiIanni : "Councillor Whitehead?" (Whitehead does not speak) "Alright, then, on the amendment. Councillors, we're going to go back, we've approved this. But, with your lead, we'll go back and on the amendment, all in favour?" (hear councillors say carried.) "That's carried. And on the Report, # 14, the item # 14, then - as amended?" (here councillors say carried) "That's carried. Number 16? (hear councillors say carried softly) "# 16 again" (hear coucillors say carried more clearly) "17" (hear councillors say carried) "18" (hear councillors say carried) "Councillor Kelly, may I have a Motion on the report, as amended, please."

Kelly : "Yes, Mr. Mayor, Moved by myself; seconded by Ward 6 Councillor Tom Jackson that the 16 th Report of the Planning and Economic Development Committee be adopted and the Information Section Received."

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

See Part #2
Starting with Item # 6.3 - "Committee Reports - Corporate Administration Committee"