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September 29/04 Report – Part 2 of 3
(Continued from Part # 1 that ended at Item 6.2 "Committee Reports - Planning and Economic Development Committee")
6.3 Corporate Administration Committee, Report 04-012, September 22, 2004 (Ferguson / Collins - CARRIED)
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Corporate-Administration/2004/Sept22/
Corp.%20Admin.%20Report%2004-012.pdf)
Mayor DiIanni : "Members of Council, the Corporate Administration Committee presents it's 12 th Report and respectfully recommends: Item #1" (hear councillors say carried.) "#2" (hear councillors say carried) "# thr - number, Councillor Ferguson, I understand you have a referral Motion, on Item # 3. I'll recognize you."
Ferguson : "Thank you, Mr. Mayor. Moved by myself; seconded by Councillor Collins that Item 3 of the Corporate Admin. Committee, respecting 'Community Partnership Program - Arts and Special Events Funding Ceiling' be referred back to the Grants Committee."
Mayor DiIanni : "Thank you and comments on the referral Motion" (I thought I heard a glass clink) "All in favour of that?" (hear councillors say carried) "That's carried. Can - I remember this happened last time - can I be informed. Or, can all Council be informed of when that, the date of that meeting is, once you establish one, please? Item # 4" (hear glasses clink)
Whitehead : "Mr. Mayor, I had actually clunked, clinked the minute that that item came up and I appreciate the referral. The question is, with what purpose. I mean, I need some understanding of why we're referring back - "
Mayor DiIanni : "Okay, some direction on the referral. That's appropriate."
Ferguson : "Just for further discussion, Mr. Mayor. This item was brought forward without going to the Committee because there was, it was difficult to establish a date. It probably, in reflection, needs to be discussed more, at the committee level."
Mayor DiIanni : "Well, it hasn't been there It's going there for some discussion before it comes forward to us, which I think is a good idea. Item # 4" (hear Councillors say carried at the same time a glass was clinked.) "Question, Councillor McHattie."
McHattie : "Mr. Mayor, we've had some e-mails on this issue, as well. Some issues raised by housing providers and housing advocates. And, I think it's important that we clarify one of the concerns they had. It was around the issue of an independent internal review and I'd like to ask staff - Vicky Woodcox, if I can - to clarify what our position on that is, if I can, through you."
Vicky Woodcox - Public Health and Community Services Department : "Through you, Mr. Mayor, as was discussed at the Committee, last week, there is, there will be an independent, internal review process for this. This was a recommendation that came out of the COASH" (? = Co-ordinated Access System for Housing) "group, and I certainly support it, fully. I think it's in keeping with the recommendations that were made. And, in fact, I'm going to be meeting with the members next week to talk about that. So, I just wanted to reiterated that, which is what I had said, as well, last week. Thank you."
Mayor DiIanni : "Okay. Councillor?"
McHattie : "It's just to clarify, that we are listening and we're acting good in this particular contract."
Mayor DiIanni : "Thank you, then, item #4 - all in favour?" (hear councillors say carried) "That's carried. #5 - Councillor Ferguson, do you have an amending Motion for Item 5, as well?"
"5. RFP Co-ordinated Access System for Housing (HCS04059) (City Wide)
That Item 8 of Public Health and Community Services Report 04-002, as referred by Council on September 15, 2004, be forwarded to Council for disposition:
(a) That Council endorse the staff recommendation to award Contract C2-15-04 Request for Proposal Coordinated Access System to the lowest acceptable bid, submitted by Fengate Property Management Ltd. effective January 1, 2005;
(b) That staff Report HCS04059 be publicly released following City Council's approval. "
Ferguson : "Moved by myself; seconded by Councillor Collins, Item 5 - RFP Co-ordinated Access System for Housing, that sub-section (b) of Item 5 of Corporate Admin Committee Report 04-012 be deleted in its entirety and be replaced 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.' "
Mayor DiIanni : "Thank you - "
Ferguson : "In English, that means, there's issues in that report that are confidential and staff will make it public after that's -"
Mayor DiIanni : "Okay, any questions or comments on that? All in fav - Councillor Whitehead."
Whitehead : "I wouldn't mind getting a response from the staff on that particular Item, because I don't have it in front of me and it's sort of blind-siding me. So, I wouldn't mind some comment."
Mayor DiIanni : "Okay. Can staff, then - "
Ferguson : "Mr. Barkwell - "
Peter Barkwell - City Solicitor : "Through you, Mr. Mayor, there was concern that the Report contained identifiable information about proponents that would provide commercial information. And, the severances that are contemplated are just to make what is released, more or less anonymous so that information is not tied to particular proponents and their privacy is protected."
Mayor DiIanni : "Okay? Councillor Bruckler."
Bruckler : (Bruckler does not speak)
Mayor DiIanni : "All right, so, on #5, then -all in favour, as amended?" (hear councillors say carried) "That's carried. (hear a glass clink) Counci - "
Bruckler : "Sorry, I had no question with respect to that particular amendment. But, with respect to # 5."
Mayor DiIanni : "Oh, all right."
Bruckler : "So, I apologize. The comment that was made with respect to the review process - I'm just wondering if we should formalize that by way of an amendment, or if that's something that will just generally flow from the process?"
Mayor DiIanni : "Well, Councillor, you're wondering who you're asking the question of - ourselves or - "
Bruckler : "I believe of staff."
Mayor DiIanni : "All right."
Vicky Woodcox - Public Health and Community Services Department : "Through you, Mr. Mayor, the internal review process is separate to this RFP process. It's a separate component that's a requirement of us as a Service Manager. So, to that end, I wouldn't tie it into this RFP recommendation."
Mayor DiIanni : "Thank you. Are you okay with that?" (hear a glass clink)
Bruckler : (response off microphone)
Mayor DiIanni : "All right, any other questions or comments on this? Councillor Whitehead."
Whitehead : "Through to staff, I'd like to ask a question in regards to what kind of accountability and performance reviews are incorporated into this contract?"
Vicky Woodcox - Public Health and Community Services Department : "Through you, Mr. Mayor, we have a lot, we will be developing a lot of measures within this service agreement, which yet has to be developed. We have full rights and responsibilities and full accountability to delegate all aspects in terms of accountability. Everything from, you know, 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. So, all aspects that are - 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."
Whitehead : "I guess the next natural question is: will we have an opportunity to look at that service contract, or agreement before it's actually put forward."
Vicky Woodcox - Public Health and Community Services Department : "Through you, Mr. Mayor, I'm sort of deferring to legal. I'm not sure if that is a public document or not - or purchasing."
Mayor DiIanni : "The question is, will we be able to look at that agreement for information, once it's established?"
Peter Barkwell - City Solicitor : "Unless there's something about it, that I'm not aware - and that's always possible - a contract of that sort would typically be a public document. And certainly, Members of Council would be entitled to see it, in any event."
Mayor DiIanni : "Okay? Councillor? All right, now, on number - "
(hear someone off microphone say "5")
Mayor DiIanni : "On number 5, thank you. All in favour?" (hear councillors say carried ) "That's carried. #6 (hear councillors kind of say carried) - "on # 6?" (hear councillors say carried more clearly) "Thank you. Stay with me, Councillors." (giggles from Council) "On #7" (hear councillors say carried) . . . # 11" (hear Councillors say carried) "Councillor Ferguson, may I have an appropriate Motion, please."
Ferguson : "Moved by myself - thank you Mr. Mayor - Moved by myself; seconded by Councillor Collins that the 12 th Report of the Corporate Admin Committee be adopted as amended and the information section received."
Mayor DiIanni : "Thank you. All in favour?" (hear councillors say carried) "That's carried."
6.4 Strategic Planning and Budgets Committee, Report 04-011, September 22, 2004
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Strategic-Planning-Budgets/2004/Sept22/Rep04-011.pdf)
Mayor DiIanni : "Members of Council, the Strategic Planning and Budgets Committee presents its 11th Report and respectfully recommends item #1" (hear councillors say carried) " # 2 . . . 6" (hear councillors say carried) "Councillor Jackson, may I have a Motion on the Report."
Jackson : "Yes, Mr. Mayor. Moved by myself; seconded by Ward 7 Councillor Bill Kelly that the 11 th Report of SP&B Committee be adopted and the Information Section received."
Mayor DiIanni : "Thank you. All in favour?" (hear councillors say carried) "That's carried."
6.5 Public Health and Community Services Committee, Report 04-003 September 28, 2004 (to be distributed)
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
public-health-com-serv/2004/Sept28/Report%2004-003.pdf)
Mayor DiIanni : "Members of Council, the Public Health and Community Services Committee presents its 3 rd Report and respectfully recommends, Item # 1" (hear councillors say carried) "#2 . . . # 5" (hear Councillors say carried) "Councillor Bruckler, I understand you have a Motion to delete Item # 6 - sorry 5 was passed - respecting dental clinics from the support as this matter requires a decision by Council, to reconsider prior to entertaining this Item, we'll consider the Motion to reconsider under the Motion section of this evening's agenda. Councillor Bruckler."
"6. Dental Clinics (City Wide) HCS04066 (Item 8.3)
That the municipally operated dental clinics at 1447 Upper Ottawa and at North Hamilton Community Health Centre, approved to be closed as part of the 2004 budget process, remain open. "
Bruckler : "That is correct, Mr. Mayor. You've captured it well. It was Moved by myself; and seconded by Councillor Collins."
Mayor DiIanni : "All in favour, then?" (hear councillors say carried) "That carries. So then, # 6 - Mr. Clerk, have we just dealt with # 6 - we have, haven't we."
Kevin Christenson - City Clerk : "That's correct, and I would just go on with 7 and 8. We'll renumber them for you."
Mayor DiIanni : "Yes. And, well come back to that. Thank you. # 7" (hear councillors say carried) "# 8" (hear some councillors say carried, and a glass clink) "Councillor McHattie."
"8. Golf Courses/Ski Hill Operations (HCS04053) (City Wide) (Item 7.3)
(a) That staff be directed to proceed and advertise for a "Request for Proposal" for a Partnership for the management and operation of either or both municipal golf courses and ski hill;
(b) That City of Hamilton staff be directed to submit an internal Request for Proposal to manage and operate both municipal golf courses and ski hill;
(c) That an Evaluation Team composed of both staff and Council be directed to evaluate the Proposals and compare this option to that of the City continuing to manage and operate the golf courses (Option 4), prior to submission of a final report containing a recommendation being presented to Committee by year end;
(d) That Councillors Terry Whitehead, Phil Bruckler and Brian McHattie be appointed to participate with the Evaluation Team. "
McHattie : "Mr. Mayor, I just wanted to speak to this issue. This is the issue of the golf courses and how they're operated in Hamilton. Committee decided to go with an option that calls for, for bids, an RFP process - Request for Proposal process - which will include our own City staff bringing forth a proposal to run the golf course civicly (sp?) as well. I've got some concern over that because 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. We need some certainty on how these golf courses are operated. Staff need to know that it's going to carry on. The golfers themselves need to know it's going to carry on the way it is, with some stability. That's something we had some trouble with last couple of years within the new corporation - stability" (hear a glass clink) "with staff and that sort of thing. Fair enough, how the committee voted on this, and I'm going to sit on the committee to watch the process. 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. Just wanted to make that clear tonight, to the constituents in Ward 1 and across the City." (hear some applause from gallery)
Mayor DiIanni : (didn't hear Mayor's first couple of words, microphone off) " . . . Councillor Jackson."
Jackson : "Mr. Mayor, thank you. I just, there's one correction, here, that needs to be done in the (c) part. And, I've talked to several of my colleagues who are on the Public Health and Community Services Committee, because what we said was in (c) part, then: an Evaluation Team composed of both staff and Council be directed to evaluate the proposals, compare this option that the City continuing to manage and operated the golf courses - and 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. And, I just want to make sure that's included, so everybody understands that, as the evaluation's underway. Thank you. Can I make that amendment at the appropriate time, Mr. Mayor, please?"
Mayor DiIanni : "Yes, that's in order right, Mr. Clerk?" (concurrence from Clerk off microphone) "Yes, you can certainly do that at the appropriate time. Well, in fact, let's take it now. Why don't you do it now."
Jackson : "So, Mr. Mayor, just in (c) part then, that it says that: 'the City continuing to manage and operate the golf courses' in 2004 and 2005 -"
Mayor DiIanni : "All right, on the amendment. Any questions or comments? Seconded by Councillor Kelly. All in favour?" (hear councillors say carried) "That's carried. I do have on the Motion, now, as amended, Councillor Whitehead."
Whitehead : (started speaking before microphone turned on) " . . .Mr. Mayor. Well, it was an interesting discussion and I believe that we have to take every opportunity to look at efficiencies and where we can get best value for the community without sacrificing anything and I think this process is ideal. I did move a Motion during the Committee meeting to have the staff contribute or participate in an internal bid so that we can compare apples to apples. I've every confidence in the staff to compete in this internal process - all things being equal. And so, I'm looking forward for the RFP process; I'm looking to seeing it coming in. And, I'm like Sam - Councillor Merulla, I'm quite confident that we're going to see a very competitive bid from the, coming from the internal staff, as well. So, I just wanted to make that point, because I believe that if everything's equal, we're going to get the best deal and the tax-payers will get the best deal."
Mayor DiIanni : "Thank you. Councillor Merulla."
Merulla : "Just very quickly, Mr. Mayor, I think this whole process - and I concur with both Councillor McHattie and Councillor Whitehead. I think what we need to prevent is a situation where people are arguing in the 'what if' scenario and I think this entire process will allow us to, basically have the information before us to make a decision that is not one based on ideology, but based on simply the facts. And, I was very 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. And for that - and I'm glad this is moving forward and also I'm very glad that all 3 - Councillor Whitehead, Bruckler and McHattie are involved. And, perhaps with language in the RFP, itself, it'll definitely be in the best interest of the public. Thank you, Mr. Mayor."
Mayor DiIanni : "Councillor Ferguson." (Ferguson does not speak) "Collins."
Collins : "Mr. Mayor, 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? You may recall the process we went through for the water contract. We put certain criteria into the RFP that assured us some quality control, issues surrounding costs related to capital repairs, operating expenses. I'm just curious to note that there's nothing here in part (a) that we'll be involved in trying to establish what criteria we use, or blue print we use to move forward. So, is accessibility an issue; is cost an issue for memberships - I mean, what are the parameters that we're working under? We did it for the water contract, we haven't done it for this. And so, does the Committee look at that. Or, does staff prepare that -"
Mayor DiIanni : "Bill."
Collins : "and advertise."
Bill Fenwick - Director, Culture and Recreation : "Certainly, as the author of the Report - and I would look for assistance if I say something that Corporate Management Team does not agree with - but, 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."
Collins : "That's good to hear, Mr. Mayor, because it's not included in part (a) and I look forward to the outcome, here."
Mayor DiIanni : "Councillor Pearson."
Pearson : "Thank you, Mr. Mayor. I just want to put a comment in that, understanding that this has been a long and heated battle, with regards to the golf courses in Hamilton, I heard a lot of it on the campaign trail. And, I know whatever decision is made that we come to in its finality, hopefully, will be in the best interest of the tax-payers, and whatever works out that they can understand that we've really put, you know all of, everything we can into arriving at the best for them. Thank you."
Mayor DiIanni : "Thank you. Then all in favour of # 8 - as amended?" (hear councillors say carried) "That's carried. And, I just need to go back to # 7 because I did have Councillor Whitehead and I skipped over him, and I apologize for that. Councillor Whitehead."
"7. Recently Arrived Somali Refugees in Hamilton (CITY WIDE) (HCS04063)
(Item 8.4)
(a) That Council correspond with the Honourable Judy Sgro, Minister of Citizenship and Immigration Canada (CIC) to support the designation of Hamilton as a reception centre in order to receive funding to support integration and settlement costs for immigrants.
(b) That Council also request the Honourable Judy Sgro to extend federal sponsorship of the Somali Refugees, given the difficult experience and extreme problems faced by these families and individuals.
(c) That copies of these letters be circulated to the area MPs, MPPs and AMO."
Whitehead : (taped stopped just as Whitehead began speaking - sorry about that) " . . . doing our part as humanitarians, bringing in refugees and housing refugees in this community. And, the nature of the refugees that we're talking about are ones that will have some challenges in regards to the fact that they've lived in, in pretty squalor conditions and there's health issues and there might be other issues that are concerning. It is my understanding that the Federal Government currently or will be contributing funding for the refugees - I believe it's up to 2 years and that's it. And then, after that, the City of Hamilton will be carrying the load. I believe the cost of it was - " (Whitehead interrupted by someone, not sure who, to clarify federal assistance) "how much?" (hear '1 year' off microphone) "1 year, sorry, 1 year. And, it's going to go up to I think it's $180, 000 a year. And, my concern is that we need the Federal Government to step up to the plate. And, I'm really glad to see the proposal in part (a) that the 'Council correspond with the Honouable Judy Sgro, Minister of Citizenship and Immigration Canada (CIC) to support the designation of Hamilton as a reception centre in order to receive funding to support integration and settlement [costs] for immigrants.' 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 : "Thank you and that is 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. Councillor Merulla, may I have a Motion on the Report?"
Merulla : "You sure may, once I find it. Moved by myself; and seconded by Councillor Morelli that the 3 rd Report of the Public Health & Community Services Committee be adopted and [ I think he meant "as "] amended and the Information Section received."
Mayor DiIanni : "Thank you. All in favour?" (hear councillors say carried) "That's carried."
7. Motions
Mayor DiIanni : "We're onto Motions now."
7.1 Establishment of an Election Review Task Force ( McHattie / Merulla - CARRIED )
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Sept29/Motion%207.1.pdf)
Mayor DiIanni : "And, Item 7.1, Members of Council, is respecting the establishment of an Election Review Task Force, as presented by Councillor McHattie. May we have your Motion, Councillor, please."
MOTION 7.1:
"Whereas the City of Toronto Council has established an Election Review Task Force to examine all aspects of municipal election campaign financing and to make recommendations to the Council on legislative amendments and process improvements that will enhance the public accountability of candidate financial disclosure;
And Whereas the Election Review Task Force has submitted a series of recommendations on election campaign finance reform to the Toronto City Council, including but not limited to, a request that Elections Ontario perform election finance audit activities (i.e., instead of City Council);
Therefore be it resolved that the recommendations of the Toronto Election Review Task Force be referred to the City Clerk's Office for report and recommendation on the feasibility of the City of Hamilton undertaking its own municipal election campaign financing review."
McHattie : "Yes, Mr. Mayor, following a City of Toronto process, where they established an Election Review Task Force to examine all aspects of municipal election financing. We'd like to, to have the opportunity for our City Clerk's department to look at what Toronto has done. Also, look at what other communities have done, as well. The City of Vancouver is doing this. We know the Federal Government is looking at election financing issues. So, we're not alone in doing this. So, what we're asking for, at this point in time, is just the opportunity for the Clerks to look into it; come back to us with some recommendations where we might want to go, as well."
Mayor DiIanni : "Thank you, seconded by -"
McHattie : "It's Moved by myself; and seconded by Councillor Morel - Merulla, sorry."
Mayor DiIanni : "- Merulla. Councillor Whitehead."
McHattie : "One of those guys, ya." (re: mix-up with Morelli and Merulla - giggles from Council)
Whitehead : "Mr. Mayor and Council, I support the intent. I believe we don't need to be looking at somebody else's model. I think we need to seriously consider establishing an Election Review Task Force in Hamilton. And, let that Task Force do their due diligence in looking at what's come out of other jurisdictions, as well as what's appropriate in this jurisdiction. So, I would be prepared to go one step further and ask for an Election Review Task Force to be struck by this Council."
Mayor DiIanni : "Well, that is contrary to his Motion, though -"
Whitehead : "Yep."
Mayor DiIanni : " - that he's looking for some homework - "
Whitehead : "Well, that's - "
Mayor DiIanni : "to - well, but, it's different, Councillor - "
Whitehead : "No, I understand. So, I'm speaking to the fact that I won't be supporting the Motion as it is - "
Mayor DiIanni : " - because you want to go further."
Whitehead : "I would want to go a step further."
Mayor DiIanni : "All right. But, on the Motion, then, Councillor Jackson."
Jackson : "Thanks, Mr. Mayor, and I commend Councillor McHattie for keeping this item at the forefront of our deliberations and because Toronto has been further along in this process, we can always learn from others - it doesn't mean we're going to adopt from others, but we can at least learn from others and possibly take what is good and what we can add from a local standpoint. Mr. Mayor, just so that I fully, clearly understand, paragraph 3 that says: 'Therefore be it resolved that the recommendations of the Toronto Election Review Task Force be referred to [our] City Clerk's Office for report and recommendation on the feasibility of the City of Hamilton undertaking its own municipal election campaign financing review.' So, can I just have some clarity, through you, either to Mr. Christenson, our City Clerk; or, to the Mover of the Motion, Councillor McHattie, just so that I understand: we get the information from Toronto; Clerks will what - digest it; and then report to Council? Will they report through a Standing Committee? Will this be part of others they will compare to? Can I just get some clarity and understanding fully as to how the process will unfold down the road, Mr. Mayor - either bureaucratically, through Kevin [Christenson], or politically through my colleague."
McHattie : "Mr. Mayor - sorry, go ahead, Kevin."
Kevin Christenson - City Clerk : (defers to McHattie)
McHattie : "Mr. Mayor, if I can respond to that. Good question - I think we probably should identify what Committee this comes back to. That makes some sense, certainly. And, I'll take direction of Clerks on which committee would make the most sense. I think the intent is just to have the information 'digested' - using your word, Councillor Jackson - by the Clerk's department and look at what's been done there and report to, perhaps, Corporate Administration might make the best sense, as to options - or, whatever Committee makes sense. And, the idea is, is that we just need to look at what other people are doing. There's a lot of good recommendations in there. I've been reviewing the material - would actually help us out in situations like we ran into earlier on this year and make it a lot clearer for us, rather than having the situation that we were forced to judge ourselves, as just one example of the change. I appreciate Councillor Whitehead's perspective. I've got the mic, here, I'd be happy to move ahead, but I would feel more comfortable, I'm feeling that Council may feel more comfortable if we have a chance to have the information brought to Committee and we can deliberate on it a little bit and look at the implications of setting up such a task force, here and how we might want to do it. I think if we do that within the next month, or so, Mr. Mayor. I think we'd have enough time to act on setting up our own task force, should we decide to move in that direction."
Mayor DiIanni : "Very good. And, any other speakers on this issue? Seeing none, then, on the Motion, by Councillor McHattie - and if that fails, then we'll go to you, Councillor [Whitehead]. On the Motion by McHattie." (someone said something off microphone to the Mayor) "Yes, indicating that CAC" (Corporate Administration Committee) "is the Committee to deal with this. All in favour?" (hear councillors say carried) "Against? And so, that's carried."
7.2 Amendment to Item 2 of Planning and Economic Development Committee Report 04-013 respecting Demolition Permit - 432 MacNab Street North ( Morelli / Merulla - CARRIED )
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Sept29/Motion%207.2.pdf)
Mayor DiIanni : "Item 7.2, Members of Council, Item 7.2 respects an amendment to Item # 2 of Planning and Economic Development respecting Demolition Permit at 432 MacNab Street North. Councillor Morelli, may we have your Motion to reconsider this Item, please."
Item # 2 of the Planning & Economic Development Committee Report (04-013 - July 6, 2004)
"2. Demolition Permit - 432 MacNab Street North (PD04174) (Ward 2) (Item 5.2)
That the Acting Director of Building and Licensing be authorized and directed to issue a demolition permit for the building located at 432 MacNab Street North, in accordance with Demolition Control By-Law 74-209 pursuant to the demolition control provisions of Section 33 of The Planning Act, as amended, subject to the following conditions:
(a) That the applicant has applied for and received a building permit for a replacement building on this property;
(b) That the said building permit specifies that the replacement building be erected within two years of the demolition of the existing building on this property;
(c) That the said building permit for the replacement building specifies if such replacement building is not erected within the said two year time limit, that the City be paid the sum of $20,000;
(d) That the applicant be required to register on title to the subject property (prior to issuance of the said demolition permit), notice of these conditions (including the directions to the City Clerk outlined in sub-section (e)) in a form satisfactory to the Acting Director of Building and Licensing and to the Director of Legal Services and Corporate Counsel; and,
(e) That if the said replacement building is not erected as required, the City Clerk be authorized to add the said sum, until payment thereof, as a lien or charge upon the property until paid."
Morelli : "Yes, Mr. Chairman, just some background, here. This is one of the items in Ward 2 that needs to be taken care of. So, that's what it's all about. Moved by myself; seconded by Merulla: that Item 2 of the Planning and Economic Development Committee Report 04-013 respecting Demolition Permit at 432 MacNab Street North be reconsidered. Okay."
(discussion off microphone with Clerks and some councillors.)
Mayor DiIanni : "Mr. Clerk, did you want to clarify -"
Morelli : "I said Merulla - "
Mayor DiIanni : "Oh ya, we need a vote on the reconsideration first, right. So, this is to reconsider. All in favour?" (hear councillors say carried; then someone says something to Mayor off microphone) "I'm sorry?" (someone - I think Whitehead says something to Mayor off microphone.) "Can staff give us some information on this, so we know what we're looking - "
Ron Marini - Planning and Development : "Mr. Mayor and the Members of Council, the situation is there's been an application made to demolish and replace. And, until - and this is in part of the of the City, where we have demolition control and it's exercised - in this context, because there's a minor variance involved, we cannot issue the building permit to rebuild. They, nor can we issue the demolition permit, because he doesn't have the other permit in hand. People are concerned about neighbourhood vandalism and fire and problems and so, by Councillor Morelli's Motion, it removes the requirement of the Building Permit being available. So, it allows the demolition to proceed and the planning process to continue."
Mayor DiIanni : "Thank you. Okay, Councillor? All in favour, then, of the reconsideration Motion? All in favour?" (hear councillors say carried) "That's carried. Now, Councillor Morelli."
Morelli : "Moved by myself; and seconded by Councillor Merulla: 'that Item 2 of the Planning & Economic Development Committee Report 04-013 respecting Demolition Permit - 432 MacNab Street North, approved by Council on July 14, 2004 be amended by deleting the words "and received" in subsection (a) as follows: (a) That the applicant has applied for and received a building permit for a replacement building on this property.' And, I'm prepared to answer any questions that might, might arise."
Mayor DiIanni : "On that, then, we know the intent of this. Any questions, comments? All in favour?" (councillors say carried) "That's carried. Thank you."
7.3 Appointments to the Compliance Audit Committee (to be distributed) (Kelly / Jackson - CARRIED)
Mayor DiIanni : "Members of Council, the next item on the agenda, 7.3 respecting appointments to the Compliance Audit Committee. Councillor Kelly, may I have a Motion, may we have a Motion on these appointments."
Kelly : "You may, Mr. Mayor. Moved by myself; seconded by Councillor Tom Jackson: 'That the following citizens be appointed to the Compliance Audit Committee to address any compliance audit applications received for the October 1, 2004 By-election and the 2006 Municipal Election." The names are before you on the sheet: Mr. Gary Ostofi; Ms. Mary Jane Weirshora; Mr. John Klein; Ms. Linda Lister; and Mr. Ross Anderson."
Mayor DiIanni : "Excellent. Questions, comments? All in favour?" (hear councillors say carried) "That's carried."
7.4 Relief from train whistling at rail crossing, specifically at Carlisle Road (distributed) (McCarthy / Merulla - CARRIED)
Mayor DiIanni : "Members of Council, the next item is 7.4 respecting Whistle-blowing at public crossings. Councillor McCarthy, I understand you have a Motion on this."
McCarthy : "Thank you, Mr. Mayor. It's been moved by myself; seconded by Councillor
Merulla: 'that staff be directed to enter into discussions with CP Rail and prepare a report for consideration of the Public Works, Infrastructure and Environment Committee addressing the required procedures for seeking relief from Rule 14(L)(ii) of the Canadian Rail Operating Rules (CROR) which requires whistling at public crossings, specifically as it relates to Carlisle Road.' Thank you."
Mayor DiIanni : "Thank you. Questions or comments? It's been Moved and seconded. All in favour?" (hear a glass clink as some Councillors say carried) "Carr - Councillor McHattie."
McHattie : "Sorry, I'm a bit slow on the draw, here. Just a quick addition to that. It's just that we've got a CP advisory committee being set up within the City. So, we can have that committee help deal with this, as well."
McCarthy : "Thank you."
McHattie : "In addition. Thanks."
Mayor DiIanni : "Wonderful. So, why don't we reflect that in there, as well - that that committee be advised of what's happening, here. You okay with that?"
McCarthy : "Mm-mm" (agrees)
Mayor DiIanni : " - as a friendly amendment. All right. All in favour of that, then - as friendly amended?" (hear Councillors say carried) "That's carried."
• Suspend Rule of Order to reconsider Item 11(5) of COW Final Budget Report 04-003 respecting closing of Dental Program clinics
( Bruckler / Collins - CARRIED )
Mayor DiIanni : "The next item, 7.5 is added to suspend the Rules of Order to allow a reconsideration Motion respecting the Closing of the Dental Program Clinics. Councillor Bruckler, may we have your Motion."
Bruckler : "Yes, Mr. Mayor. Moved by myself; and seconded by Councillor Collins: 'That the Rules of Order be suspended to allow for a motion to reconsider Item 11, subsection (5) of the Committee of the Whole Final Budget Report 04-003 respecting the closing of Dental Program Clinics ($130, 000).'"
Mayor DiIanni : "Thank you. Any questions or comments? All in favour? (hear councillors say carried) "That's carried. Did you have a question, Councillor Whitehead?"
Whitehead : (does not speak)
7.5 (a) Item 11 (5) of COW Final Budget Report 04-003 respecting closing of Dental Program clinics be reconsidered
( Bruckler / seconder? - CARRIED)
Mayor DiIanni : "On Item 7.5(b) [should be 7.5(a)] related to that, Councillor Bruckler. You have another Motion?"
Bruckler : "Yes, I do, Mr. Mayor. 'that Item 11, subsection (5) of Committee of the Whole Final Budget Report 04-003 approved by [City] Council on April 29, 2004 respecting the closing of Dental Program clinics [($130, 000)] be reconsidered.'
Mayor DiIanni : "Thank you. Did you want to ask your question now, Terry? This is a related item."
Whitehead : (speaks but forgets to turn on microphone) "Well, I'm just asking where - have they identified where the dollars are coming from . . ."
Bruckler : "That's the next one." (Bruckler notes laughing) (glass clinks) "It's a whole series, here."
Mayor DiIanni : "Okay. And so, we'll get to that, as well. All in favour, then, of this motion?" (hear councillors say carried) "All right, thank you."
7.5(b) Item 11(5) of COW Final Budget Report 04-003, respecting closing Dental Program clinics be rescinded (Bruckler / Collins - CARRIED)
Mayor DiIanni : "Item 7.6" (hear off camera someone say, no, no)
Bruckler : "No, 7.5 (b)"
Mayor DiIanni : "Oh, sorry, 7.5(b). Councillor Bruckler."
Bruckler : "Yes - "
Mayor DiIanni : "Well, you've, you've done that - "
Bruckler : "No I have not. I - "
Mayor DiIanni : "Go ahead. Do it now, then. We're waiting for it." (giggles from council)
Bruckler : "You've made it very entertaining for me, here, this evening." (more giggles) "Moved by myself; and seconded by Councillor Collins 'That Item 11 subsection (5) of Committee of the Whole Final Budget Report 04-003 approved by City Council on April 29, 2004 respecting the closing of Dental Program clinics [($130, 000)] be rescinded and the financing be found in the Public Health and Community Services Department operating budget.'
Mayor DiIanni : "Okay, so that answers that question." (I think he is referring to Whitehead's off-microphone question after previous motion - 7.5a) "Questions or comments? All in favour?" (hear councillors say carried) "That is carried."
Item 7.6 - respecting request that Centre for Community Study represent City of Hamilton's interests regarding media diversity at upcoming CRTC hearings. (McHattie / Merulla - CARRIED
Mayor DiIanni : "Item 7.6, Councillor McHattie, respecting the CRTC."
McHattie : "Thanks, Mr. Mayor. Council will recall back in August, we approved a Motion for the City of Hamilton to call upon the CRTC to remedy the lack of television media diversity in Hamilton through its broadcast decisions. Well, we've just found out yesterday that the CRTC has released its notice of a public hearing about the sale of the 'Toronto 1' television station that serves the Toronto and Hamilton markets. And, this provides us with an opportunity as a transfer of license going on within CRTC. This occurs very infrequently. And, once the license is set in place by CRTC, it'll be anywhere from 7 - 12 years before we have another opportunity to look at that license or - other licenses may come up, but that particular opportunity will be lost. So, at this point in time, the CRTC process is the - the City of Hamilton, in our case - can make a submission to the CRTC, outlining our interest in getting more local content included in that particular license. And, this is the former 'Toronto 1' license and a new company has purchased that license and this is the opportunity, the time to do that. The way we do it is to revisit the conditions of the license and we can put together a brief, which indicates out interest in making sure there's Hamilton, local content in this new TV station - in the revised TV station. The timing on this, the reason why we're bringing this to Council tonight, and apologize for the late notice, is that CRTC just released the application process, yesterday. And, the written intervention that we need to make has to occur by October 14 th . So, that's an opportunity that's come about; wanted to bring it to Council tonight. And, I've got a Motion. Moved by myself; and seconded by Councillor Sam - I guess it's Councillor Merulla."
Merulla : "Merulla."
McHattie : "Councillor Merulla."
Merualla : "Sam is fine."
McHattie : "Sam is fine."
Merulla : "Just Sam." (laughs while speaking; hear others giggling, too)
McHattie : "Just Sam to, that we act on this opportunity based on the previous Motion we put together and to do with the lack of television media diversity in the City of Hamilton and that the 'City Manager be authorized to negotiate and purchase the services of the Centre for Community Study to represent the City's interests at the upcoming CRTC hearings' at a cost not to exceed $5, 000. And, the group in question - the Centre for Community Study is the group that brought this to my attention to begin with and has worked on this. They're a group who has a lot of experience working on federal issues. A lot of time spent in Ottawa - Hamiltonians have come home now and who are working hard to, to make sure Hamilton gets its fair share of media diversity, in this case and federal interest in a variety of different topics. So, I put that forward, Mr. Mayor, for Council's decision."
Mayor DiIanni : "Thank you. Are there - Councillor Pearson."
Pearson : "I'd like to ask a question Mr. Chairman, or Mr. Mayor, through to you to staff. Where is this money going to be coming from. How are we going to fund this?"
Mayor DiIanni : "Mr. General Manager of Finance."
Joe Rinaldo - General Manager, Finance and Corporate Services : "Through you, Mr. Mayor, the $5, 000 will be funded from the General Contingency."
Mayor DiIanni : "Okay. Any other questions or comments? Let me just make the comment that I support this. I have met with the individuals that Councillor McHattie refers. And, they have a number of interests and could help us in a number of ways because of their experience, including this. I must say to you that when this first came to light, there was some reaction from one of our television stations that was not even mentioned the night of this initial debate and that's, of course, Cable 14. So, we're not a one-television-station City. We do, are serviced fairly well by Cable 14, as well. And, I just say that while supporting the Motion, also. All in favour? (hear councillors say carried) "That's carried."
See Part #3
Starting with Item # 8 - "Notices of Motion"
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