October 13/04 Report – Part 1 of 4
7 pm (actual start 7:10 pm)
Adjourned about 8:40 pm

Members of Council:

• Mayor Larry DiIANNI (present)
• Ward # 1 Brian McHATTIE (on vacation)
• Ward # 2 Bob Bratina (present)
• 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 Art SAMSON (present)
• Ward #14 Dave BRADEN (present)
• Ward #15 Margaret McCARTHY (present)

Members of Staff

• Peter Barkwell - City Solicitor
• Rose Caterini - Deputy Clerk, Manager - Legislative Services
• Neil Everson - Executive Director, Economic Development
• Catherine Graham - General Manager, Human Resources / Acting City Manager for tonight's Council Meeting
• Salter Hayden - Deputy Clerk, Manager Licensing and Election Services
• Chief Jim Kay - General Manager, Emergency Services / Fire Chief
• Chris Murray - Acting Director - Red Hill Valley Project
• Joe Rinaldo - General Manager, Finance and Corporate Services
• Bryan Shynal - Director - Operations & Maintenance, Public Works
• Scott Stewart - Director (Capital Planning & Implementation) CPI, Public Works

Members of the Media present:

• Doug Cameron, K-Lite FM
• Matt Jelly - independent
• Ken Mann, CHML
• Eric McGuinness, Hamilton Spectator
• Kevin Werner, Brabant
• Cable 14
• Mohawk College - Media Studies

COUNCIL AGENDA

Call To Order

National Anthem

Prayer

Mayor DiIanni : ". . . Reverend [Steve] Baxter is the Pastor Flamborough Baptist Church, which is located north of Waterdown and just East of Highway 6. The Church was established in Flamborough Centre in 1909 and over 450 parishioners gather Sunday mornings to worship and for which a variety of ministries take place during the week. Welcome, Reverend Baxter. And, would you please lead us in prayer."

Reverend Steve Baxter : "Thank you very much. Would you join me as we pray, please. Tonight, our Father God, we thank You for the privileges that we have of being a part of a community like this. And, we thank You so much for the way that You have joined us together and You give us the opportunity of doing business that allows us to care for one another. As we take this responsibility seriously, I want to pray, tonight, for our councillors, for our mayor, that You will help them to use the wisdom that You have given them; that Father they will take the privilege that they have been given, of giving us leadership and act wisely to the very best of their abilities to bring honour to our community. So, we commit them to You. And, I ask this tonight, in Jesus' name. Amen."

Mayor DiIanni : "Thank you, Reverend Baxter, we appreciate the words of the prayerful thoughts.

Welcome

Mayor DiIanni : I'd like to welome ladies and gentlemen to this evening's meeting - especially the recipients of the Trillium Awards. And, we're going to have a nice ceremony in just a few moments. And, of course, I'd like to welcome all Members of Council, to this evening's meeting - and, especially our two new, very new councillors: Councillor Bratina and Councillor Samson. Welcome both to your first Council meeting." (applause from other councillors and gallery) "That maybe the last applause you receive in a while - who knows." (laughter from councillors and gallery) "Enjoy it, while it lasts."

1. Approval of Agenda (Bratina / Samson - CARRIED)

Mayor DiIanni : "Madam Clerk, are there any Changes to the agenda?"

Rose Caterini - Deputy Clerk, Manager - Legislative Services : "Yes, Mr. Mayor, there are a few, this evening. First off, there's an omission error in Report Item 6.1 - that's the Public Works, Infrastructure and Environment Committee Report - Item 4. The Committee approved sub-section (b) to this Item, which was inadvertently omitted from the report and will be added as an amendment at the appropriate time. Secondly, report Item 6.5 of the Public Health and Community Services Report, page 5, Section 'J,' under the General Information, roman numeral I. Councillor Whitehead has brought to our attention that the word 'volunteer' should be deleted from this section of the paragraph. There's an added Item, 6.6 - the Licensing Committee Report. And, added Item 7.2 - a Motion by Councillor Whitehead respecting surveillance cameras in 'hot' zones of Mohawk neighbourhood. These are all circulated to Members of Council."

Mayor DiIanni : "Thank you, Madam Clerk. Members of Council, may I have a verbal Motion to approve the Agenda, as amended? Moved by Councillor Bratina; seconded by Councillor Samson. 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 : "Thank you, Mr. Mayor. Public Works, Infrastructure and Environment Report 04-017, Item 4 - I'm related to one of the employees of the company."

Mayor DiIanni : "Thank you, sir."

3. Ceremonial Activities

3.1 Trillium Award Presentations

Mayor DiIanni : "Members of Council, this evening we're please to recognize our 2004 Trillium Award Recipients. And, I would like to call upon, Janice Brown, Chair of the Trillium Executive Committee; and John Taylor, Superintendent of Forestry and Horticulture, to the podium for introductions and presentations."

Janice Brown - Chair, Trillium Executive Committee : "Mayor DiIanni, Councillors, Staff, invited guests, and members of the general public, on behalf of the Board of the Trillium Awards Program, welcome to the 48 th annual Trillium Awards presentation ceremony. Our program promotes and encourages community pride through recognition of excellence in landscape design, maintenance and effort to beautify properties, making a positive contribution to our city. Having said that, I would like to pay tribute to all of the stake-holders that make this program possible. First, the home-owners - who make our job very difficult; the over 350 volunteer judges who head out in July to judge those properties; the Board members that meet every month throughout the course of the year to deliver this program; our sponsors; staff from the public works department; the Mayor; and City Councillors. Thank you, very much. And now, for the presentation of the awards, I would like to ask John. John is here. I just met John this evening. He and Mayor Larry DiIanni will be delivering the awards."

Awards of Excellence
"Next we have the Awards of Excellence. These are given to properties, such as apartment buildings, factories, businesses, hospitals. Two awards are given city-wide based on the size of the property. The Award of Excellence in the small property category is awarded to City Window and Glass at 208 Queen Street North in Ward 2. Hector and Clara Ciancone are you here this evening. Ah, yes. Good." (applause from Council and gallery) "Would you please make your way down to the podium. This property is absolutely lovely and this is in Ward 2. And Bob, you might want to extend your congratulations." (Bob Bratina goes to podium to congratulate recipients; more applause) "The Award of Excellence in the large property category is awarded to Liuna Station 360 James Street North in Ward 2, as well. General Manager Vicco Rositone, would you come forward to accept your award. Thank you, Vicco." (applause from Council and gallery) "On the telephone, earlier this week, I was saying to Vicco that the property was becoming more and more spectacular as it was maturing." (mention that the person accepting the award was Ricardo - didn't get last name, not Vicco) "I was out in the foyer, introducing myself to everybody, but I guess he slipped by me."

White Trillium Awards
"Now for the residential properties. 360 White Trilliums were given out in each of 180 zones during the month of July."

Pink Trillium Awards
"In each zone, one of the 2 White Trillium winners was nominated for a Pink Trillium Award, and one Pink Trillium is Awarded per Ward. The winners of the Pink Trillium are:

• "Ward 1 , 180 Dalewood Crescent, Gord and Wendy Downing ." (Applause from Council and gallery)
• " Ward 2 , 227 Ferguson Avenue South, Douglas Pawson and Peter Fryns." (Applause from Council and gallery; Ward 2 Councillor Bob Bratina goes to podium to congratulate award recipients)
• " Ward 3 , 114 Niagara Street, Debbie Payment and Wayne Robinson . And, I would ask Councillor Morelli to accept the award and deliver it to his constituents. They could not be with us, this evening. And, Councillor Morelli we also have a photograph that we will get to you later on." (Applause from Council and gallery; Ward 3 Councillor Bernie Morelli goes to podium to accept award on behalf of recipients.)
• " Ward 4 , 192 Coronation Street." (Avenue) " Lillian and Max Harbury ." (Applause from Council and gallery; Ward 4 Councillor Sam Merulla goes to podium to accept award on behalf of recipients) "Thank you, Mr. Merulla. I do know that they were intending on going to Florida. I think they were trying to make it for this evening. But, I guess they headed out on holidays. So Councillor Merulla, if you would see that they would get their awards, I would appreciate it. Thank you. It's a beautiful property."
• " Ward 5 , 192 Montmorency Drive, Catherina Josko " (Applause from Council and gallery; Ward 5 Councillor Chad Collins goes to podium to congratulate award recipient)
• " Ward 6 , 26 Innswood Place, Sherry Hayes and Dennis Facia ." (Applause from Council and gallery; Ward 6 Councillor Tom Jackson goes to podium to congratulate award recipients; Councillor Jackson kids Janice Brown as he goes by: "It's Tom Jackson, Janice, in case you forgot" - laughter from Council and gallery) "Thank you Councillor Jackson, I didn't."
• " Ward 7 , 48 Rosedene Avenue, Torey and Paul Greene ." (Applause from Council and gallery) "Councillor Kelly is not here this evening, so we'll send our congratulations."
• " Ward 8 , 48 Hepburn Crescent, Anna and Armando Sbrissa ." (Applause from Council and gallery; Ward 8 Councillor Terry Whitehead goes to podium to congratulate award recipients)
• " Ward 9 , 61 Loneoak Crescent, Sebastian and Michelle Pinciaro . I've been working on that. Would you come down, please." (Applause from Council and gallery; Ward 9 Councillor Phil Bruckler goes to podium to congratulate award recipients) "And, a special thank you to Councillor Bruckler who helped me locate them."
• " Ward 10 , 49 Oakridge Drive, Robert and Diana Cule . And, Councillor Pearson, if you would accept on their behalf. They must be on holidays. I called - for the last week and a half - 12 midnight, 6 pm, over the Thanksgiving, no answer, no voice-mail. So, we'll make sure, Councillor Pearson, that they get their awards, thank you." (Applause from Council and gallery; Ward 10 Councillor Maria Pearson goes to podium to accept award on behalf of recipients)
• " Ward 11 , 81 Golf Club Road, Tania and Robert Besseling ." (Applause from Council and gallery; Ward 11 Councillor Dave Mitchell goes to podium to congratulate award recipients. Two young sons of recipients also come down with parents to join in acceptance of award.) "And, the boys . . . I just met the boys this evening. The boys helped all summer long. It's a huge property."
• " Ward 13 , 42 Tally-Ho Road, on behalf of Steve Mullenger , his daughter is accepting. And, he's away on holidays. So, if you would come down, Jen." (Applause from Council and gallery; Ward 13 Councillor Art Samson goes to podium to congratulate award recipient's daughter.)

Red Trillium Award
"And, the final award. The Red Trillium Award is the most coveted award in the gardening community, as the winner is selected from the 12 winning properties that you have just seen this evening, in the Pink Trillium category by a panel of elite judges. And, Mayor DiIanni, would you please read the name of our winner for 2004. Some have compared this to the Oscar Awards in Hamilton." (laughter from Council and gallery; as Mayor DiIanni begins to open the envelope, some councillors do a drum roll on their desks in anticipation of the winner.) "We were sworn to secrecy and that's really difficult for me." (Janice Brown giggles, as does gallery at the mock drum roll.)

Mayor DiIanni : "And the 2004 Red Trillium Award is awarded to Torey and Paul Greene , 48 Rosedene Avenue, Ward 7 . Congratulations." (Applause from Council and gallery; Ward 7 Councillor Bill Kelly, had arrived to Council, and was able to go up to also congratulate the award recipients.)

Janice Brown - Chair, Trillium Executive Committee : "And in conclusion, as we head into our 49 th year, preparations are well underway for the 50 th anniversary celebration. This is, by the way, the oldest and largest program of its kind in Canada and in North America. And I might add, that the former Chair, Lorraine Stacey, who is in Vancouver, discovered that Vancouver is doing a program that is our program. So, I think a lot of people have copied us. The City of Hamilton has much to be proud of. Thank you very much. And, to all of you that have been involved with the Trillium Awards ceremony, this evening, we're going to Room 219 to award you your photographs and to have some refreshments. And, the other thing is, your names will be in the Spectator, please pass that onto your friends, because I know you look for it. And, you can find your names and your award winning properties on the Hamilton website . . . under Public Works Department; look for Trillium. Thank you and have a good evening."
(http://www.hamilton.ca/Parks/Horticulture/
trilliums/winners/default.asp). (Giggles and applause from Council and gallery)

Mayor DiIanni : "Thank you very much." (hear glass clink) "And, before you do go - and there's some people who do want to make some comments - but let me very quickly thank Janice and your group, as well, for the good work that you do in keeping this program alive and giving it the profile that it deserves; and to all the recipients; and all of those of us who are envious of your talents. We look up to what you do and we thank you for what you do, because you truly beautify not only your homes, but our neighbourhoods. Thank you very much, ladies and gentlemen." (applause from Council and gallery) "I should point out that Councillor Kelly just came in. He was at a City function. But, you're here to congratulate the winners. And, Councillor McHattie, of course, in Ward 1 isn't here because he's on his honeymoon. Like, where are his priorities." (laughter from Council and gallery) "I know. And, we wish him well. Councillor Merulla."

Merulla : "Thanks, Mr. Mayor. I actually want to commend those residents that participated, as well as the organizers. But, I had a question for Councillor McCarthy, with respect to why Councillor Braden and her Ward wasn't incorporated. And apparently, they have some water issues that need to be dealt with" (hear McCarthy laughing) "and that might be a correlating factor. But, in all honesty, why is Ward 14 and 15 not included?"

Mayor DiIanni : "And in fact, the Ancaster Ward as well - "

Merulla : "Oh, sorry, I'm sorry -"

Mayor DiIanni : "There's good reason for that, Councillor McCarthy, or Councillor Ferguson, did you want to - "

Ferguson : "I can speak to Ancaster. Ancaster has its own Trillium Awards and it's done co-operatively with the Beautification Department. The Beautification Department provides the plants; the Horticultural Society" (Ancaster) "provides plantings in gardens. And, the Beautification provides the awards. So, it's mutually beneficial to the City and the Horticultural Society."

Mayor DiIanni : "And, Councillor McCarthy."

McCarthy : "Thank you, Mr. Mayor. All kidding aside, we do have a watering ban in Carlisle which has been plaguing us for years. And, this year, thankfully, we had enough, we had enough rain to keep things going. But, the ban is still continuing. And, it'll be more of an issue when we get, and have to deal with the application of the quarry, which is going to hurt the water table in that area, again. So, I've been around my community and the flowers and the landscaping looks quite lovely. So, I'll invite the group out next year and hopefully we get something for Flamborough, then. Thank you."

Mayor DiIanni : "Thank you. Councillor Whitehead."

Whitehead : "Thank you, Mr. Mayor. Just for clarification for those in the audience. Although 'Tony's' a nice name, it's actually Terry Whitehead." (giggles from Council and gallery) "I want to thank, I want to congratulate all those who participated in this program and those that were considered because we're here congratulating the individuals that received the awards. There's many others out there that were contenders. And, certainly, we can't, there are too many to mention tonight. But, I certainly want to recognize that there are many beautiful yards and landscaping around many homes in certainly my Ward. And, I'm sure that applies to everyone's Ward here. So, I'd like to congratulate all those who contribute to this community by landscaping and doing a good job. Thank you."

Mayor DiIanni : "And, Councillor Jackson, I believe."

Jackson : "Thanks, Mr. Mayor. And, I just want to reinforce, Mr. Mayor, what you said. And, if I could just give particular emphasis and commendation to Janice Brown, the Chair. It's obvious, it's infectious to be around her. You just can't help but get excited about the program because of her leadership. Over the years of my duties in public life I've learned that it takes - in spite of all the volunteer efforts, which is incredibly appreciated - but it often takes a person to lead the way and to get others involved and lead by example. And, I remember about a year ago at this time, in our billion dollar budget, when we had about 8 to 10 thousand dollars for this program and we were deliberating every single item of the line-item of the budget, Mr. Mayor, just because we wanted to provide the best possible decision at the end of the tax year for 2003 to our tax-payers as much as possible. I remember Janice approaching several of us and saying basically, 'Councillor Jackson, keep that in the budget. Keep the program going. I'll do my part, if you guys do your part.' And, here she is. She's followed through to fruition. And, I just want to commend her for all her leadership. Thank you so much, Janice." (applause from Council and gallery)

Mayor DiIanni : "Thank you. And, Councillor Mitchell."

Mitchell : "Thank you, Mr. Mayor. And, I just want to add to Councillor Jackson's comments - and, I can never do them as well as him. But again, Janice Brown spear-headed all of this. And I lobbied her last year. I've sponsored this and I'm going to lobby her some more. But, I would like to see a category called: 'Farm Property', 'Agricultural Property' or whatever. And, I know it can sort of fall under small and large. But, maybe small property / large property / industrial property / agricultural property - and then our whole city's covered off. So, Janice, you're hearing me. I'm going to be lobbying you for the next year" (giggles from Council and gallery) " and ,we're going to get that farm picture in here somehow. Thanks."

Mayor DiIanni : "There you go, there's your challenge. Enjoy your party. Thank you, folks. And, we'll give you a chance to leave if you want. Thank you very much." (applause from Council and gallery)

4. Minutes of the meeting of City Council held on:
4.1 September 29, 2004 (Kelly / Morelli - CARRIED)
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Sept29/Minutes.pdf)

Mayor DiIanni : "Members of Council, may I have a verbal Motion to approve the Minutes of the City Council Meeting held on the 29 th of September, 2004? Moved by Kelly; seconded by Morelli. All those in favour?" (hear councillors say carried) "That's carried."

4.2 October 5, 2004 (special meeting) (Collins / Braden - CARRIED)
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Oct05/Minutes.pdf)

Mayor DiIanni : "Members of Council, may I have a verbal Motion to approve the Minutes of the Special City Council Meeting held on October 5 th . Moved by Collins; seconded by Braden. All in favour?" (hear councillors say carried) "That's carried."

5. Communications

Mayor DiIanni : "Before we have a Motion on Communications, Council, we need to provide a position on the only item of communication and Councillor Mitchell, I understand you wish to speak to this matter."

5.1 Correspondence G. Sosnoski, General Manager of Corporate Services and City Clerk respecting amendment to legislation to remove the requirement for Environmental Assessments for the implementation of traffic calming measures (Motion to endorse: Jackson / Mitchell - CARRIED)
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Oct13/Item%205.1.pdf)
Recommendation: For consideration of Council

Mitchell : "Yes I do, Mr. Mayor. And, Councillor Jackson has the Motion there and I've seconded it. And basically, it is to endorse the City of Kitchener's recommendation, there that we" (hear a glass clink) "not require environmental assessments for traffic calming measures throughout the City. It's a slow process doing any construction work. But, we've got those speed problems throughout. And, I'd like to think that this" (hear a glass clink) "would speed that process up. So, I'd like to endorse Kitchener's recommendation, please."

Mayor DiIanni : "Councillor Merulla."

Merulla : "Through you, to staff. Can we just have some sort of understanding on this issue?"

Mayor DiIanni : "Everybody's doing it. But, Chris, did you want to speak to this?"

Chris Murray - Acting Director, Red Hill Valley Project : "Right now the requirement for Class EAs for Traffic Calming is part of the Municipal Class EA. And so, probably the best this to do would be to contact the MEA specifically and recommend in any future update of that document that they consider deleting it from future consideration."

Mayor DiIanni : "I think, I believe in listening to some of the provincial comments, that's something the Province is leaning towards anyway, in terms of their review of some of the legislation. And, we would just be in favour of that, if this passes tonight. Okay? So we, duly Moved; seconded. All in favour?" (hear councillors say carried) "That's carried. Councillor Jackson, may I have a Motion on Communications, as amended, please."

Jackson : "Yes, Mr. Mayor, you may. Moved by myself and seconded by Ward 12 Councillor, Murray Ferguson that the Communication 5.1, as amended, be approved."

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

6. Committee Reports (Motion to go into COW - Jackson / Ferguson - CARRIED)

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

Jackson : "Your Worship, you may. Moved by myself; seconded by Ward 12 Councillor Murray Ferguson, that Council move into Committee of the Whole for consideration of the Committee Reports."

Mayor DiIanni : "Thank you, all in favour?" (hear councillor say carried) "That's carried."

6.1 Public Works, Infrastructure and Environment Committee, Report 04-017, October 4, 2004
(as amended Collins / Bruckler - CARRIED)
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Public-Works/2004/Oct04/Rep04-017.pdf)

Mayor DiIanni : "Public Works, Infrastructure and Environment Committee presents its 17 th report, and respectfully recommends Item # 1" (hear councillors say carried) . "#4" (hear a glass clink) "Councillor Braden."

"4. Red Hill Valley Project - Procurement Award - Mainline Grading at Barton Street -
(PW04111/FCS04114) - (City Wide) (Item 8.1)
(Merulla/Mitchell)
That the Acting General Manager of Public Works be authorized to award contract PW-04-241 (RHV) for the Red Hill Valley Project - Mainline Grading at the Barton Street interchange with the understanding that the contract value is $15.5 million higher than anticipated and that the overall Expressway Project budget should be increased from $399.5 million to $415 million.
Councillor McCarthy indicated that she wished to be recorded as OPPOSED to this item.
CARRIED"

Braden : "Mr. Mayor, thank you, on #4 - and I read the notes farther on in - "

Mayor DiIanni : "Sorry, Councillor Braden, I did have an amendment to # 4. I apologize. Let's get that on -"

Braden : "Okay."

Mayor DiIanni : " - the Table so that you may wish to speak to both of them. Councillor Collins, I understand you have a Part (b) amendment. And, Councillor Ferguson you've declared and interest in this." (Councillor Ferguson leaves as he previously declared an interest - 04-017, Item 4 - related to one of employees of the company.) "Councillor Collins, please."

Collins' Motion to amend Item #4 with a part (b), re: development charges funding increased cost of RHVP flowing from part (a) (Collins / Bruckler - CARRIED)

Collins : "Mr. Mayor, it's Moved by myself and seconded by Councillor Bruckler that Item 4 of Report 04-017 of the Public Works Infrastructure and Environment Committee respecting Red Hill Valley Project - Procurement Award - Mainline Grading at Barton Street - (PW04111/FCS04114) be amended by adding subsection (b) as follows: '(b) That the increased cost of the project outlined in (a) be funded from development charges per City of Hamilton Development Charge By-law 04-0145.' And, I believe that's before all of Council, this evening."

Mayor DiIanni : "It is. And now, Councillor Braden, please."

Braden : "Thank you, Mr. Mayor. And, that is - I needed explained to me how it is, that first of all, as soon as something higher, we have the ability - after we've set the development charge By-law - that we can simply collect all those things from development charges. So, that, the first question I need to ask is really: how could we do that? And, if you could - through you, to the staff - had any other cost of this, or, could we have arbitrarily charged more of this project to development - because that's of course what we all wanted to do - or, certainly speaking for myself. So, I want to know how we get the flexibility of suddenly - with a $15 million over-run - how we can suddenly ask the development community to look after that, development community meaning development charges. And if - let me see what the answer looks like."

Mayor DiIanni : "Thank you. Chris or Joe. Joe."

Joe Rinaldo - General Manager, Finance and Corporate Services : "Through you, Mr. Mayor. The reason the development charges are able to absorb the impact of this is because, when we set the budget for the Red Hill Valley Project . . ." (couple of words I couldn't make out what he said) "in the 2004 budget. We had assumed a lower level of development charges because the development charge By-law did not come into place until June of 2004. In the June, 2004, we had made additional provisions for the Red Hill Valley Project, which gives us the flexibility to finance this differential. That's in answer to your first question. And, the answer to your second question is, because costs are going up, can we in fact increase that? Obviously, we would. There's always that option, however, that means we would have to open up the entire By-law again and go through another process. And those are some of the things staff will consider, once we take a look at all of our 'per Capita' program in aggregate and whether or not we need to do that, perhaps in, 2005 or 2006."

Braden : "Back to answer #1. It sounds to me like, as of June, we got to re-look at the total By-law. We have, if I understand it, maybe contingency money's in there. In other words, there would be some money that we could devote to this project if the number went up - or did we already know, at that point, that it was going to go up by roughly $15.5 million?"

Joe Rinaldo - General Manager, Finance and Corporate Services : "The amount that was increased in the Development Charge By-law has nothing to do with this contract. There was an additional provision in the By-law to fund a greater portion of the Red Hill Valley Project from development charges. So that's what we use in the financing. But, quite frankly, it has nothing to do with the $15 million. It's simply a method of us financing it because we hadn't, the amount that we had provided for in the 2004 Budget prior to the new By-law was a lower amount. So, it's helping us deal with the shortfall that we currently have."

Braden : "Question #3, then. I think this'll wind this up. Had the, this overrun not confronted us at this point - so, the $15. 5 million - would we be using development charges to cover another $15 million of the costs we already know about? Or, would we have been using those, that development charge for something else?"

Joe Rinaldo - General Manager, Finance and Corporate Services : "Through you, Mr. Mayor, we would have been using the development charges to reduce the tax impact of this project in future years."

Braden : "Okay."

Mayor DiIanni : "Thank you, Councillor Whitehead."

Whitehead : "All my questions have been asked. Thank you."

Mayor DiIanni : "Okay. Good, good co-ordination. # 4 (a) and (b) - or, the amendment first. On the amendment, please?" (hear councillors say carried) "Thank you. On the motion, then, as amended?" (hear councillors say carried) "Carried. #5" (hear a glass clink) "Councillor Braden."

"5. Red Hill Valley Project - Noise Mitigation Options (PW04074a) - (City Wide) (item 8.2)
(Mitchell/Jackson)

1. That staff not pursue further the idea of installing a noise wall along the length of the valley, adjacent to the expressway, as it will be less effective than a wall constructed on top of the valley (as approved by Council), and it will cost approximately $9 million more than is currently budgeted.
2. That staff investigate and report back on the financial implications of the following:
   1. Offering noise mitigation options to the remaining homes along the North/South route
   2. Extending the noise mitigation options to apply to the sides, back and/or frontage of the homes facing the road and/or an interchange
   3. Funding the aforementioned (I) and (ii) from:
      1. any project surplus or
      2. any funds recovered through the Federal Government, or,
      3. the current financing plan of the project.
3. That Item (V) "Report on cost of installing a wall adjacent to the Red Hill Valley Expressway" be deleted from the Outstanding Business List of the Public Works, Infrastructure & Environment Committee
   CARRIED"

Braden : "Mr. Mayor, I'll be brief. Under 5 (b) (iii), it says the additional funding - which I think we've got a struggle with, because I'm on the Implementation Committee and I don't think we really know where we're going. It says, 'Funding the aforementioned (I) and (ii) from . . . any project surplus' - am I to read, that, I mean, if Public Health has a surplus somewhere, we can use that to pay for this road? Is that how that reads? It says 'any project surplus.' Now, that 'project' is not Public Health, but I mean, if we have a skating rink surplus, could we use that to pay for this? Is that what that says?"

Mayor DiIanni : "Well, I wasn't at the Committee, can someone help us - "

Braden : "Well, I'm asking staff, or someone that can answer the question."

Joe Rinaldo - General Manager, Finance and Corporate Services : "Through you, that's relating to that specific Capital project and not any other project. Probably the wording could have been improved. And, it looks like Counci - the Chair of the Committee's agreeing with me. So, it looks like - "

Braden : "'anything to do with the Red Hill Project' - is that correct?"

Joe Rinaldo - General Manager, Finance and Corporate Services : "Correct."

Braden : "Oh, okay. No, I'm not trying to be difficult. I don't want to rob some other project that I think might be more valid. Thank you."

Mayor DiIanni : "On # 5, then?" (hear councillors say carried) "That's carried."

See Part #2
Starting with Item # 6.1.6 - "Committee Reports - Public Works Infrastructure and Environment Committee, Item # 6 - Cemetery Partnership RFP Preliminary Report"