September 29/04 Report – Part 3 of 3
(Continued from Part # 2 that ended at Item 7.6 "Motions - respecting City of Hamilton to be represented at CRTC hearings requesting another local television station - local diversity")

8. Notices of Motion

Mayor DiIanni : "Members of Council, are there any other Motions, or Notices of Motion? Members of Council, we do have some in camera items to deal with" (hear glass clink) "but, some information" (hear glass clink) "items right now and - "

9. Statements by Members

Mayor DiIanni : "Let me start, let me start here with Terry so that he can feel included." (giggles from Council)

Whitehead : "I just wanted to indicate that on October 6 th at 5:30[pm] in this Council Chambers, that I will be hosting a meeting dealing with the Sanatorium bus route and the issue on Redfern (?) and dealing with St. Peter's long-term care facility. So, for the viewers, I just want to make that announcement here - the Council Chambers on October 6 th at 5:30[pm] thank you."

Mayor DiIanni : "Thank you. Going down the list, Councillor Pearson."

Pearson : "Well, Mr. Mayor, I'd just like to mention on the week-, this past weekend, on Sunday, I attended the Environment Day event that our staff held down at Mohawk College, Saltfleet Campus. It was very well attended. It was laid out very efficiently and I was pleased to see a lot of residents bringing materials that aren't currently acceptable in the recycling Blue Boxes. But, it's impressive to see that people are really taking note of what they're putting out in garbage and what could possibly be recycled and that we should be addressing on a daily basis. So, it was really great. Thank you."

Mayor DiIanni : "Going down, Councillor -"

Mitchell : "Mr. Mayor, just an announcement that the Famee Furlane [of Hamilton] on Hendershot Road in Glanbrook, their 35 th anniversary is this Saturday night and a pleasure to have them in our community, out there."

Mayor DiIanni : "I'd like to be there for a little while at least. Councillor Morelli, did you want to announce that issue?"

Morelli : "Mr. Chairman, there's just a couple of things I want to mention. The Hamilton Community Foundation are meeting tomorrow night. And, as an expression of gratitude with a lot of the inner-city groups, there, at St. Brigid's School between 5[pm] and 7[pm]. And, I want to take this opportunity to" (hear a glass clink) "express my gratitude to the Foundation who are working with inner-city groups. And so, that'll be tomorrow night. You mentioned the 50 th anniversary of St. Anthony's. I certainly will be mentioning that later. I thought it might be a good idea, to for you to maybe mention at the end, our meeting on the high risk offender releases that we had. And, I also wanted to just to draw Council's attention to the release of the 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. So, thank you."

Mayor DiIanni : "Great. Thank you. Councillor Merulla."

Merulla : "Thank you, Mr. Mayor. And, I'm going to be very quick. I know that this is a very touchy issue. It's just with respect to the Ontario Superior Court of Justice - City of Hamilton versus all these people surrounding the expressway lawsuit. I read through it. And, I think the only part of it that I really feel a little bit contentious about - or I feel is contentious - is when they reference my constituents. And I think, in here, when they mentioned, or they name -" (someone says something off microphone to Merulla) "no not to worry - when they name Sheila Copps, they're mentioning, actually - let me read it to you. 'Alternatively, the defendants abused their public office.' Now, okay let me finish this and then I'll, I'll go on, 'by engaging in targeted malice toward the City's completion of the expressway, for the purpose of appeasing a minority of public opinion in Minister Copps' riding opposed to the expressway and to allegedly protect migratory birds.' Well, you know, if this is, 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. I think it's a little far-fetched. And frankly, I take offense to the fact that even if a minority of my constituents who, I know, perhaps -"

Mayor DiIanni : "Councillor, Councillor can I just interrupt you there for a second - "

Merulla : "Sure."

Mayor DiIanni : "I've just been reminded that because this is a matter that now is going before the courts - and we don't want to jeopardize things in any direction - "

Merulla : "Oh, I'm sorry, is this confidential?"

Mayor DiIanni : "Well, the, the - ya. I mean that spells out essentially what the case is. So, we can have this discussion, but it probably wise to have it" (hear glass clink) "in camera - "

Merulla : "Okay."

Mayor DiIanni : "We have staff here to do that."

Merulla : "Okay. Fair - I just wanted to emphasis the one thing that no matter -"

Mayor DiIanni : "I understand."

Merulla : " - what minority existed, they're still my constituents - although we might disagree on one issue, I'm sure - "

Mayor DiIanni : "I understand."

Merulla : " - we agree on many -"

Mayor DiIanni : "Fair, enough."

Merulla : " - others. So, all right. I just find that offensive. Thank you."

Mayor DiIanni : "Councillor."

Whitehead : "We can ask the question, though, that, who's being sued. Are individuals that are named in that being sued; or, is it the Federal Government being sued. I just need clarification on that -"

Mayor DiIanni : "I -"

Whitehead : " - because right now there's an allegation -"

Mayor DiIanni : "I think that is, ya, I think that is a fair enough question to be able to answer publicly and then the details we'll go into camera. I'll entertain questions on that. We're going in camera anyway."

Peter Barkwell - City Solicitor : "I don't have a copy of the Notice of Action in front of me, but it names, not only Her Majesty the Queen in Right of Canada - which is to say - the Federal Government, but also a number of individuals, both as Ministers of the Crown and as employees of the Federal Government."

Mayor DiIanni : "So, so the answer to that is - "

Peter Barkwell - City Solicitor : "There are individuals who are defendants in the lawsuit."

Mayor DiIanni : "Right, but, but essentially it's the Federal Government that's being sued" (hear a glass being clinked) "who will assume what relationship" (hear a glass being clinked) "with those individuals?"

Peter Barkwell - City Solicitor : "The Federal Government would be vicariously liable for the actions of its employees and of the Ministers of the Crown."

Mayor DiIanni : "So - "

Peter Barkwell - City Solicitor : (hear glass being clinked) "To put that into plain English, a judgement against a Federal Government employee is paid by the Federal Government." (here a glass clink)

Mayor DiIanni : "Okay. Councillor Whitehead is that all right?"

Whitehead : (speaks without turning on microphone, cannot hear what he said)

Mayor DiIanni : "Ya, we will. Councillor McCarthy."

McCarthy : (hear a glass clink just as McCarthy starts to speak) "Thank you, Mr. Mayor. "I'm not going to get into the, the issue of the naming of the people, obviously. But, 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. And, I think that we should probably have a discussion around that. I, you know, I just don't think it's smart to blacken the eye of somebody that you're asking for help from."

Mayor DiIanni : "Well, we're not asking for help in this case; we're asking for justice. But, that's a discussion we can have in camera and get into the details of that, which is quite separate from any of the negotiations around a new deal, a fair deal for cities, as well. That is going to be something not for this city, it's going to be for all cities right across this country. Councillor McHattie."

McHattie : "I would just, Mr. Mayor, I would just follow on from Councillor McCarthy's comments and Councillor Merulla's comments that I think there's some real, a 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. In particular, the number of people that are named in this suit are people that we work with on a daily basis. They work at the Canada Centre for Inland Waters and, and that sort of thing. 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 I guess my question at this point in time is: 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."

Mayor DiIanni : "Well, I think, I think that takes us to some of the legal discussions and I'm willing to, I think we need information first, and then I'm willing to come out of camera and deal with any recommendation you may have based on the information you hear in camera."

McHattie : "Just, if I could just get that question answered. So, that's a straight forward question that the community's going to want to know: has this been approved by Council? It's a straight forward question, really. Just, maybe Clerk's - "

Mayor DiIanni : "Ya, the Clerk can answer that. And, I think then the legal, Mr. Barkwell will be able to answer, as well."

Kevin Christenson - City Clerk : "Through you, Mr. Mayor. City Council has not dealt directly with the issue of proceeding with the court case. However, I know that Mr. Barkwell has been given some direction in camera - staff direction on the matter and he may want to comment on that." (hear a glass get clinked)

Mayor DiIanni : "Councillor, ya, no th - I think Mr. Barkwell will be able to explain they did receive direction and they did inform us, the Council, or at least - Mr. Barkwell do you want to tell us the sequence of events."

Peter Barkwell - City Solicitor : "Frankly, Mr. Mayor, I would prefer to go through the sequence in camera because the sequence ties into some of the reasoning behind what happened."

Mayor DiIanni : "Okay. So, again, I would like a Motion - well, we are going to go in camera. Let's see who else has other comments on this issue."

McHattie : "If I could just finish -"

Mayor DiIanni : "Then when we - "

McHattie : " - off - "

Mayor DiIanni : " - ya, just let me explain the process and then I'll give you a chance to do that -"

McHattie : "Thank you."

Mayor DiIanni : "Then, when we come out of camera, if people are wanting to make some Motion based on what they hear, they'll certainly be accepted. Councillor McHattie, just to finish off."

McHattie : "Just very briefly, and I respect the in camera comments. I - just that I want to express my concern publicly that we've done this, we've gone this far and used some very, very strong and provocative language in this lawsuit that maligns individuals and former federal people - one person actually who's been dead for 2 years, is listed in this, in this as one of the defendants. So, it's a very difficult situation. So, without Council approval, I find that very difficult to accept."

Mayor DiIanni : "Councillor McCarthy."

McCarthy : "I've already spoken, Mr. Mayor."

Mayor DiIanni : "Thank you - or any information, we're going through information, right. Councillor Kelly."

Kelly : "Something less litigious, I think, Mr. Mayor. 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. I see Mr. Everson, from our Economic Development Department - by no means, Mr. Mayor, means that we've attained all the goals we need to achieve to make this a great city. But, it does show that we're going in the right direction" (hear fire reels in background traveling close by City Hall, as they are quite loud) "and that our economic development strategies are paying some dividends and I look at this as good news - "

Mayor DiIanni : " - that's Jim Kay celebrating" (laughter from Councillors and gallery) "Sorry."

Kelly : "I saw Glen throw him the keys to the truck and I knew this was going to happen." (more laughter) "You know, so - But, it's another good news story for the City. I don't know if Mr. Everson may want to comment on it, as well. But, there's some more good news to come in the next weeks and months ahead, too. But, if nothing else, Mr. Mayor, it shows that the directives that Council has stuck to, over the last few years, about our economic development policies are paying dividends here and people right across the country are starting to notice that, as well. Thank you."

Mayor DiIanni : "Thank you. Councillor Ferg - Jackson, sorry."

Jackson : "Thanks, Mr. Mayor. I just want to say that, as you know, Councillor Kelly and I are heavily involved with the Concession Street BIA." (Business Improvement Association) "And, 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. The proprietor and his staff are going to be ultimately fine, but it's going to take some while for recovery physically and I just want to say that 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. And, I want to say that strongly. And, I appreciate you and Councillor Morelli inviting both Councillor Kelly, Whitehead and I to join your Task Force on High Risk Offenders. It's something that I feel our community has to get to a resolution on much sooner than later, Mr. Mayor, because, I can tell you, it's the nervousness is out there. And, if we want a revitalization overall of our community - particularly in certain sections of this community, that's an issue that has to be resolved - and probably resolved at a higher level of government. Thanks, Mr. Mayor."

Mayor DiIanni : "Thank you very much. Councillor Ferguson." (no comments) "Councillor Collins." (no comments) "Councillor Bruckler."

Bruckler : "Thank you, Mr. Mayor. We had a gallery here, this evening, that was full of interested residents. And, I should just mention that last night, I held a meeting to which about 250 to 300 enthusiastic and very spirited residents of Ward 8 did attend. And, the purpose of that meeting was for residents -" (interruption from other Councillors correcting his Ward call from 8 to 9) "I'm sorry - " (someone makes a comment and Councillors laugh, including Bruckler) " - Ward 9. Maybe that's why there's so many folks up there." (more laughter) "Excuse me - Ward 9. And, the purpose of that meeting was actually to discuss and to receive input on a development application that staff currently have. And, that's to deal with 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, because there are some very serious issues related - both from a planning perspective and from a traffic perspective. That was a very major concern for them. So, I do, I had staff there, with me. I do want to commend staff for the way that they fielded, they field the questions. And, certainly all of that, the concerns of the residents will be brought out as this, as the application moves forward. And again, I want to assure them that there will be ample opportunity to hear their concerns before there's any decision made within this chamber. So again - and I thank the residents for coming out. As I said, they were very enthusiastic and very spirited with respect to this application."

Mayor DiIanni : "Thank you very much. And, just a couple of comments from me. One is related to the High Risk Offenders Unit. And, 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. The, this Friday - and I'm right, there isn't another Council meeting before the By-Election. This Friday is By-Election in Wards 2 and 13 - downtown and the Dundas Wards and I 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 and we'll be announcing that to Councillors, as well, so they know when the swearing in will be and so on. In fact, I think we may have announced it to the candidates already, so that they can set some time aside to do that important work. And, it's very appropriate that we have our planning session on the 7 th " (October 7, 2004) "because then the new councillors can come right in and help orient the organization around the goals that we wish to pursue. So, I do encourage people in downtown and Dundas to exercise their vote on Friday - I believe from 10[am] to 8pm, the polls are open in the locations that have been announced and you've been informed about. Saturday is the First Annual - Councillor were you going to talk about that?" (Councillor Merulla comments off microphone to the Mayor) "Well, the First Annual Mayor's Grand Prix" (more comments off microphone) "Please don't focus in on the picture." (laughter from Council, more comments off microphone from Merulla and more laughter) "Well, I know, I know that they did call me Andretti and a few other things last night, I recall, that I was called - but that's another story. Do we have a Councillor Team, Councillor Merulla?"

Merulla : "Actually, we do indeed. And, I'm trying to recruit, perhaps, another driver, at this point. But, we do have a team in place. At this point, I'm the driver. I believe Councillor Whitehead had expressed interest and we also have our $500 we're putting towards it. For the $5, 000 potential prize which we can ultimately give to charity."

Mayor DiIanni : "Absolutely. And, it's a good cause - Volunteer Hamilton - "

Merulla : "At this point, sorry, I should actually mention everyone that's involved. It's Councillor Morelli, Collins, Whitehead and myself, I believe."

Mayor DiIanni : "Well, you know what, I'm driving the pace car and I, let's talk, later." (giggles from Council and gallery) "I do know that the police, Councillor Morelli, are fielding a team and other businesses and agencies in the City, as well -"

Morelli : "We have a team, Mr. Mayor, but I'm not prepared to discuss what we're, our strategy." (laughter from Council and galleries)

Mayor DiIanni : "I didn't think you wanted to. But, it's for a great cause. I encourage people to come forward. And, those carts, believe me, I've been in them a number of times, are very fast. So, these are not toys. This is a race. So, gentlemen and ladies you will be starting your engines."

10. Private and Confidential Items (Whitehead / Pearson - CARRIED)

Mayor DiIanni : I need a Motion, now, to go into camera to consider some items - legal and contractual. Moved by Whitehead; seconded by Pearson. All in favour?" (hear councillors say carried) "That's carried. And, we're going to give the cameras, just a second or two to terminate their showing - "

11. By-laws (Jackson / ?? - missed seconder sorry - CARRIED)

(Once out of camera, Council deals with by-laws listed on the agenda - 04-228 to 04-240)

Mayor DiIanni : " . . . 240" (hear councillors say carried) "Thank you."

12. Adjournment (Collins / Ferguson - CARRIED)

Mayor DiIanni : "Members of Council, may I have a Motion to adjourn? "Moved by Collins; seconded by Ferguson. All in favour?" (hear councillors say carried) "That's carried. Thank you very much. Have a good evening."

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