Council

Council

info@hamiltoncatch.org

November 10/04 Report – Part 1 of 4
7 pm (actual start 7:10 pm)
Adjourned 9:14 pm

Members of Council:

* Mayor Larry DiIANNI (present) in 7:25 pm
Ward # 1 Brian M cHattie (present) in 7:00 pm
Ward # 2 Bob Bratina (present) in 6:52 pm
Ward # 3 Bernie MORELLI (present) in 7:05 pm
* Ward # 4 Sam MERULLA (present) in 6:56 pm, out 8:05 pm; in 8:11pm, out 8:25 pm; in 8:30 pm
Ward # 5 Chad COLLINS (present) in 7:05 pm, out 8:30 pm; in ?
Ward # 6 Tom JACKSON (present) in 7:05 pm, out 8:05 pm; in ?
Ward # 7 Bill KELLY (absent)
Ward # 8 Terry WHITEHEAD (present) in 7:03 pm, out ?; in ?
Ward # 9 Phil BRUCKLER (present) in 6:56 pm, out 8:05 pm; in ?
Ward #10 Maria PEARSON (present) in 6:54 pm
Ward #11 David L. MITCHELL (present) in 7:03 pm
Ward #12 Murray FERGUSON (present) in 7:04 pm, out 8:16 pm; 8:35 pm
Ward #13 Art SAMSON (present) in 7:04 pm
Ward #14 Dave BRADEN (present) in 7:03 pm
Ward #15 Margaret McCARTHY (present) in 7:07 pm

* Councillor Merulla was Acting Chair / Deputy Mayor until the Mayor assumed Chair at 7:25 pm during Committee Reports at the start of 6.4 Public Health and Community Services Committee

Members of Staff

Peter Barkwell - City Solicitor
Kevin Christenson - City Clerk
Lee Ann Coveyduck - General Manager, Planning and Development
Neil Everson - Executive Director, Economic Development
Beth Goodger - Director, Waste Management
Catherine Graham - General Manager, Human Resources
Salter Hayden - Deputy Clerk, Manager - Licensing and Election Services
Don Hull - Director of Transit
Chief Jim Kay - General Manager, Emergency Services / Fire Chief
Craig Murdoch - Manager of Disposal, Waste Management Division
Glen Peace - City Manager
Joe-Anne Priel - General Manager, Public Health and Community Services
Joe Rinaldo - General Manager, Finance and Corporate Services
Vicki Woodcox - Director, Employment, Housing & Long Term Care

Members of the Media present :

Doug Cameron, K-Lite FM
Matt Jelly - independent
Ken Mann, CHML
Kevin Werner, Brabant
Cable 14

COUNCIL AGENDA

Call To Order

National Anthem

Prayer

Merulla (as Deputy Mayor, Acting Chair) : "Thank you and please be seated. I'd like to welcome Reverend Mark Lewis of MacNab Street Presbyterian Church in Hamilton to this evening's meeting."

"Reverend Lewis was born in South Wales, Great Britain and immigrated to Canada when his father, also a Presbyterian Minister, was called to a rural Church in Ontario. Reverend Lewis earned a B.A. in Philosophy from McMaster University and a" (did not specify degree - but most likely master's level) "Divinity from Knox College at the University of Toronto. He has served as a prison chaplain at Maplehurst medium security prison in Milton, and as a pastoral minister in Nova Scotia and Ontario. During his 12 years of ministry, in Dunnville, Mark was elected Citizen of the Year for his work within the community. Mark has ministered to MacNab Street Presbyterian Church in Hamilton for the past 7 years."

"Welcome Reverend Lewis. And, would you please lead us in prayer."

Reverend Mark Lewis - MacNab Street Presbyterian Church : "Thank you, very kindly. Let us pray."

"Almighty Creator of the universe, we come to You giving thanks and praise for this day. We thank You for this city and for the nation in which we live. We give you praise, oh Lord, for the freedom and prosperity we enjoy on a daily basis. And on this, the eve of Remembrance Day, we acknowledge before you the sacrifice of many who fought for our freedom and our honour. Tonight, in our hearts, we remember our honourable dead who died that we might live with such prosperity. We also remember those who still bear suffering in body or mind. And, we dedicate ourselves to living for justice and honour, so that their sacrifice will not be in vain."

"There are many whose needs we bring to you this evening, Lord. We pray for all who grieve the death of Monika Woerlen and her seven children in a tragic fire, in West Lincoln. We lift to you, the family of Tyler Cooper, the ten-year-old boy who was killed at the Royal Botanical Gardens. We bring to you the family of Randy Mogridge, whose body was found in the 16-Mile Creek on November the 8 th . And, we bring you all others who have grief or sorrow, struggle or heartache and need our strength."

"We pray for people in this city of all religious groups - Christians, Jews, Muslims, Hindus, Buddhists - all who seek meaning and hope in life and we seek Your Blessing for them. We look to that day, when, by Your Grace all hatred and strife on the basis of religion or nation or any other reason, will be a thing of the past."

"We pray for those who struggle in this city - the poor and the homeless, the sick and the lonely. We pray for immigrants struggling to establish themselves, here. We think in particular, today, of the Somalian community with new members arriving from refugee camps even today. And, we pray for those Sudanese members in Hamilton who think of their loved ones struggling through warfare in Darfor."

"Bless our industries and those who make a living in them. Bless our businesses, our schools our homes. And now, Bless these councillors and give them Your wisdom. We ask it in the name of love and mercy and peace. Amen."

Changes to Agenda

Merulla (as Deputy Mayor, Acting Chair) : "Thank you. Members of Council. The Mayor will join us shortly. He's speaking at the Gallery of Distinction Awards dinner, this evening. Mr. Clerk, are there any changes to the Agenda this evening?"

Kevin Christenson - City Clerk : "Yes, thank you Mr. Deputy Mayor. The order of the Council Correspondence Items 5.1 and 5.2 are reversed in the Council Agenda tonight. And, I would request that Members of Council remember those accordingly."

"We have added Council Communication Item 5.3 from the Honourable John Gerretsen, Minister of Municipal Affairs and Housing respecting the up-coming meetings to discuss the Greenbelt Plan for the Golden Horseshoe."

"We have an added Motion" (7.3) "by Councillor Mitchell respecting the naming of the New Highway 6."

"We also have to added items of Private and Confidential nature. First, is a staff report respecting TradePort International Corporation, which will be added as Item 10.1. And, the second is an update on Personnel Matter, to be added as Item 10.2.

1. Approval of Agenda (Mitchell / Samson - CARRIED as amended)

Merulla (as Deputy Mayor, Acting Chair) : "Thank you, Mr. Clerk. Members of Council may I have a verbal Motion to approve the agenda as amended. Moved by Mitchell; seconded by Samson. All in favour?" (hear Councillors say carried) "Carried."

2. Declaration of Interest

Merulla (as Deputy Mayor, Acting Chair) : "Members of Council, are there any Declarations of Interest? Hearing none, we have some Ceremonial Activities."

3. Ceremonial Activities

3.1 Presentation for Excellence in Consulting Engineering - Rennie/

Brampton Landfill

Merulla (as Deputy Mayor, Acting Chair) : "A Presentation for Excellence in Consulting Engineering regarding the Rennie / Brampton Landfill. For our first presentation, I'd like to invite Craig Murdoch, Manager of Disposal, Bill Allison and Patsy Deuver of Dillon Consulting Ltd." (website: http://www.dillon.ca/) "to the podium. Welcome." (those called upon make their way down to the podium)

"Thank you. Now, Consulting Engineers of Ontario" (CEO - website: http://www.ceo.on.ca/home.asp) "recognizes excellence in engineering by field member firms and recognizes the contribution of consulting engineers for our social, economic and environmental quality of life. The awards are presented each year at the CEO Annual General Meeting. Projects are judged in 1 of 3 categories based on the size of the firm as determined by the number of employees. An award of excellence is then presented for the most outstanding project in each category as determined by the judges."

"I am pleased to announce that Rennie Street and Brampton Street Landfill Project won the CEO award of excellence for firms with greater than 51 employees. The announcement was made at the CEO's Annual General Meeting, which was attended by consultants from across Ontario. To add some perspective, 23 submissions were received by the CEO and the Landfill Project tied with the Sheppard Subway Management Project undertaken by Delcan-Hatch Mont Macdonald."
(http://www.delcan.com/News/project_of_the_year_award.pdf)

"Congratulations to our staff for their service and commitment to our community and continued success." (hear applause from Council and gallery)

Bill Allison : "Thank you Councillor Merulla and Members of Council for this acknowledgement of the CEO award of excellence that our firm has recently received. This project has been an important under-taking for us and we're proud of our acknowledgement from our peers at CEO. In addition, I'd like to commend and acknowledge City staff - specifically Scott Stewart, John Mater, Dave Kerr and Andrew Head who have all worked very hard and shown the highest degree of dedication and are all credits to the City of Hamilton. Thank you." (hear applause from Council and gallery)

3.2 Presentation for Silver Award in Excellence in Solid Waste Management

Merulla (as Deputy Mayor, Acting Chair) : "And, next on the agenda is the presentation for Silver Award in Excellence in Solid Waste Management. For our next presentation, I'll ask Craig to remain with me at the podium and also invite Emil Prpic, Supervisor of Waste Processing to the podium."

"In September of 2004, the City of Hamilton received the Silver Award in Excellence in Solid Waste Management from the Solid Waste Association of North America" (SWANA - website: http://www.swana.org/) "for the City's Household Hazardous Waste Program. The Award was received for the expansion of Hamilton's hazardous waste program in 2003. In order to increase resident participation, it was decided that the existing program needed to become more accessible to residents. The expansion of the program focused on 2 areas: Mobile Events (which include the Environmental Days); and the Permanent Depot. I am very pleased that the City has been recognized in this manner and congratulations are extended to our staff for achievement in this area. Congratulations." (hear applause from Council and gallery)

Craig Murdoch - Manager, Waste Disposal : "I would like to thank the excellent staff that we have in Waste Management. I would also like to thank the operating contractor we have for our Household Hazardous Waste program in the City of Hamilton - Hotz Environmental Services." (http://www.hotzenvironmental.com/) "This Silver Award, SWANA Silver Award that we have right here, is recognized North America-wide for the hazardous waste program that we have in the City and it definitely contributes to our 65% diversion target for the City of Hamilton. Thank you." (hear applause from Council and gallery)

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

4.1 October 27, 2004 (Morelli / McCarthy - CARRIED)

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Oct27/Minutes.pdf)

Merulla (as Deputy Mayor, Acting Chair) : "Members of Council, may I have a verbal Motion to approve the Minutes of the City Council Meeting held on October 27 th , 2004. Moved by Morelli; seconded by McCarthy. All in favour?" (hear councillors say carried) "Carried."

5. Communications (McHattie / Mitchell - CARRIED)

Merulla (as Deputy Mayor, Acting Chair) : "Councillor McHattie, may I have a Motion on the Communications."

McHattie : "Moved by myself, Mr. Deputy Mayor and seconded by Councillor Mitchell that our correspondence tonight be approved. The first one is that Council Communication 5.1 is a petition by residents requesting the removal of alternate side parking regulation on Avalon Place be referred to the General Manager of Planning and Development for a report to Planning and Economic Development Committee."

5.1 Petition by residents requesting the removal of alternate side parking regulation on Avalon Place

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Nov10/Item%205.2.pdf)

Recommendation: Referred to the General Manager of Planning and Development for a report to the Planning and Economic Development Committee

McHattie : "The second one is that Council Communication 5.2 from Brian Knott, City Solicitor/Clerk for the City of Sarnia respecting Great Lakes Water Diversion/Implementation Agreement for Annex 2001 be received."

5.2 Correspondence from Brian Knott, City Solicitor/Clerk for City of Sarnia respecting Great Lakes Water Diversion/Implementation Agreement for Annex 2001

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Nov10/Item%205.1.pdf)

Recommendation: Be received

McHattie : "And, that the last one, that added Council Communication 5.3, from the Honourable John Gerretsen, Minister of Municipal Affairs and Housing respecting up-coming meetings to discuss the Greenbelt Plan for the Golden Horseshoe be received."

Motion to move into Committee of the Whole to discuss Committee Reports (McHattie / Mitchell - CARRIED)

Merulla (as Deputy Mayor, Acting Chair) : "Thank you Councillor McHattie. Councillor McHattie, you're a popular person, tonight. And, we have another Motion to move into Committee of the Whole for consideration of the Committee reports."

McHattie : "Moved by myself; seconded by Councillor Mitchell that the Council move into Committee of the Whole for consideration of the Committee reports."

6. Committee Reports

6.1 Public Works, Infrastructure and Environment Committee, Report 04-019, November 1, 2004

(Collins / Ferguson - CARRIED as amended)

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Public-Works/2004/Nov01/Rep04-019.pdf)

Merulla (as Deputy Mayor, Acting Chair) : "Thank you, Councillor McHattie. Members of Council the Public Works, Infrastructure and Environment Committee presents its 19 th report and respectfully recommends Item 1" (hear councillors say carried) "Item 2." (hear councillors say carried) "Oops, sorry, Councillor Ferguson I understand you have an amendment to Item 2."

AMENDMENT to Item #2 - ( Waste Collection Service Strategy - (PW04114a) - (City Wide) (Item 8.2)) (Ferguson / Bruckler - amendment CARRIED)

F erguson : "Yes, Mr. Deputy Mayor. It's before all Council Members and it's just meant to add onto Item 2 asking the Federal and Provincial Governments to request expansion of the returnable container option. And, as well as consult with Planning, Economic and Development in terms of designing buildings."

(Councillor Ferguson's amendment added subsections (l) and (m) to the original Item, asking (l) staff to report back on designing multiresidential buildings that will facilitate the ease of recycling for residents and (m) asking the senior levels of government to take steps to reduce the amount of product packaging that cannot be reused or recycled in an effort to reduce waste going to landfills.)

Merulla (as Deputy Mayor, Acting Chair) : "Okay. Do you have a Seconder for your Motion? Moved by Ferguson; seconded by Bruckler. All in favour?" (hear councillors say carried) "Carried."

Re: SECTION (f) of Item #2 - ( Waste Collection Service Strategy - (PW04114a) - (City Wide) (Item 8.2)) (Collins to be recorded as OPPOSED to Section (f))

Merulla (as Deputy Mayor, Acting Chair) : "Moving on. Councillor Collins."

Collins : "Mr. Chairman, we didn't pass the entire Motion as amended and I'd like to be recorded as opposed to Item (f) in that recommendation."

(Item #2 " (f) That the General Manager of Public Works be authorized and directed to enter into negotiations with Halton Recycling Ltd. for an additional two (2) years beyond the current contract terms which provide for up to three (3), one (1) year extensions (total of up to five (5) years beyond 2005 to 2010) for the provision of two stream recycling collection service for the City and report back to Council. ")

Item #2 - Waste Collection Service Strategy - (PW04114a) - (City Wide) (Item 8.2) (CARRIED as amended)

Merulla (as Deputy Mayor, Acting Chair) : "Okay. So, Councillor Collins is recorded as opposed to Item [section] (f). So, on the actual Motion as amended. All in favour?" (hear councillors say carried) "Carried."

"Item 3" (hear councillors say carried) "Item 4 . Item 6" (hear councillors say carried) "Councillor Collins, may I have a Motion on the Report, as amended."

Collins : "Mr. Chairman, it's Moved by myself and seconded by Councillor Ferguson that the 19 th report of the Public Works, Infrastructure and Environment Committee be adopted as amended and the Information Section received."

Merulla (as Deputy Mayor, Acting Chair) : "Thank you very much, Councillor Collins. Members of Council, all in favour?" (hear councillors say carried).

6.2 Planning and Economic Development Committee, Report 04-020, November 2, 2004 (to be distributed) (Mitchell / Morelli - CARRIED )

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2004/Nov02/REPORT%2004-020.pdf)

Merulla (as Deputy Mayor, Acting Chair) : "Members of Council, the Planning and Economic Development Committee presents its 20 th report and respectfully recommends Item 1" (hear councillors say carried) "Item 2 . Item 17" (hear councillors say carried) Councillor Mitchell, may I have a Motion on the Report."

Mitchell : "Thank you, Mr. Deputy Mayor. Moved by myself; seconded by Councillor Morelli that the 12 th [20 th ] Report of the Planning and Economic Development Committee be adopted and the Information Section Received."

Merulla (as Deputy Mayor, Acting Chair) : "Thank you, Councillor Mitchell. All in favour?" (hear councillors say carried) "Carried."

6.3 Corporate Administration Committee, Report 04-016, November 3, 2003 [2004]

(Ferguson / Jackson - CARRIED )

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Corporate-Administration/2004/Nov03/Corp.%20Admin.
%20Report%2004-016.pdf)

Merulla (as Deputy Mayor, Acting Chair) : "The Corporate Administration Committee presents its 16 th Report and respectfully recommends Item 1" (hear councillors say carried) "Item 2 . Item 5" (hear councillors say carried) "Item 6" (hear a glass clink) "Councillor Jackson."

Item #6 "Insurance Brokerage Services Request for Proposals (RFP) (FCS04121)

(City Wide) (Jackson and Mitchell recorded as opposed to Item #6)

(a) That, the City of Hamilton enter into an agreement with Dalton Timmis

Insurance Group for Broker of Record Services as outlined in Report

FCS04121;

(b) That the General Manager of Finance and Corporate Services be

authorized and directed to enter into an agreement, with Dalton Timmis

Insurance Group for the provision of Broker of Record Services for the

City of Hamilton, in a form satisfactory to the City Solicitor;

Outstanding Business List.

(Councillor D. Braden indicated that he wished to be recorded as opposed to this

item.)"

Jackson : "Thank you, Mr. Deputy Mayor. This Item 6 involves the insurance brokerage services request for proposals for the next three years, plus a 2-year option for contract. It has here, the recommended company to give this brokerage insurance to. Mr. Deputy Mayor, I have some concerns in that the scoring, I understand, was incredibly close between the top 2 and in light of the fact there was roughly about a $16, 000 difference per year per contract to taxpayers which would be over $80, 000 over the 5 years of the contract, Mr. Deputy Mayor, I have real difficulty passing that additional cost onto the taxpayers. I would just ask to be recorded as opposed to this. Thank you."

Merulla (as Deputy Mayor, Acting Chair) : "Thank you, Councillor Jackson. Any further speakers? Councillor M --" (hear Councillor Mitchell speak in background off microphone) "Councillor Mitchell would like to be recorded as opposed, as well."

"Moving on to Item 7. All in favour?" (hear councillors say carried) "8?" (hear councillors say carried) "9" (hear a glass clink) "Councillor McHattie."

Item #9. "Transfer of Arts and Culture Organizations to Boards and Agencies (New

Business - Motions) (Item 12)

That the following recommendation be forwarded for consideration during the 2005 budget deliberations: That the Hamilton Philharmonic Orchestra, Opera Hamilton, Boris Brott Music Festival and Hamilton Wentworth Creative Arts be removed from the Community Partnership Program and transferred to Boards and Agencies within the City of Hamilton Corporate Budget."

McHattie : "Thanks, Mr. Deputy Mayor. I've had a number of calls on what the Arts component of the Grants Process. I know this was a difficult discussion for the Grants Committee - sub-Committee - and we're recommending that 4 organizations: HPO, Opera Hamilton, Boris Brott and Creative Arts be removed from the Grants Process and moved into the Boards and Agencies concept for discussion when we go through the 2005 Budget. I think that's a good recommendation and I think most people are prepared to accept that at this point. We'll have the discussion during the Budget."

"However, there's been a number of smaller arts groups that have been in touch with me expressing concern that this may lead to the amount of money that is set aside in the Arts component of the Grants being lessened; that a particular amount will be taken out of that and go along with the groups to the Boards and Agencies. It's my understanding at this point in time and it's only at this point in time we'll have further discussions as we go through the 2005 Budget that the intent is to keep the amount that's in there right now for Arts groups in tact and actually, the groups that are left in the Arts Grants Process will actually have the potential for a larger amount of money," (hear a glass clink) "or at least the same as what they had last year."

"So, I just wanted to say that that's up in the air at this point, that no decisions have been made on that, but that the groups shouldn't necessarily believe that to be the case - that they'll actually have less money to work with than they did last year. That's entirely open to the 2005 discussion. I say that in response to some of the groups that were concerned about it. And, that what we're passing tonight is simply an intent to discuss that during the 2005 Budget process. So really, we haven't made any final decision on it at this point in time."

Merulla (as Deputy Mayor, Acting Chair) : "All right. Thank you Councillor McHattie. We have Councillor Collins, then Ferguson. Councillor Collins."

Collins : "Just to follow up on Councillor McHattie's comments. He is, in fact, correct. We had, having participated in the discussions of both the Grants Committee and the Corporate Services Committee, there was discussion surrounding the Application Process. And so, from my perspective, you know, I don't think it matters one way or the other how they apply for funding from the City. At the end of the day, the decision that I think is most important to all these organizations is, you know, what funding are we allotting to the Grants Process, or special Boards and Agencies. And so, I supported this understanding that the financial aspect associated with it would be debated during the Budget Process rather than making the decision, as Councillor McHattie pointed out, to attach the funding or create new funding opportunities for either one of these areas."

"And I guess I wanted to make the comment as well that - and dispel the, maybe the thought that or the rumour that's going around that seems to be portrayed in maybe some of the media outlets in the City that in fact by transferring this, these organizations to external Boards and Agencies doesn't necessarily mean that their funding allotment is going to increase in whole or in part. They may, in fact, end up with the status quo dollar figure that they've lived with for the last number of years."

"And so, there seems to be this expectation, unfortunately. And it's been, I noticed it several times that, in fact, this will lead to increased funding and more flexibility to apply. What I think in my mind it does, is it changes the application process. And, it may mean that these boards are in front of us in presentation - and that hasn't happened in the past - to Committee of the Whole."

"And so, I just wanted to make sure that everyone was aware of that. That we're not: #1) increasing the funding with this Motion; and #2) they'll be competing with other organizations, as they have in the past through the 2005 budget process."

Merulla (as Deputy Mayor, Acting Chair) : "Thank you, Councillor Collins. Councillor Ferguson."

Ferguson : "Thank you, Mr. Deputy Mayor, it's pretty much been said. The only thing we're doing, here, is transferring the 4 from Grants to Boards and Agencies so that all of Council has input into the grants the 4 receive. It does not imply, or anything else, that they're going to get more or less. It's just transferring how the application's made to the Whole of Committee, as opposed to the Grants Committee."

Merulla (as Deputy Mayor, Acting Chair) : "All right. Thank you, Councillor Ferguson. Councillor Ferguson, may I have Motion on the Report." (some discussion off microphone) "Oops, sorry. Item 9. My apologies." (hear councillors say carried) "Carried. Councillor Ferguson, may I have a Motion on the Report."

Ferguson : "Mr. Deputy Mayor, Moved by myself; seconded by Councillor Jackson the 16 th Report of the Corporate Administration Committee be adopted and the Information Section received."

(Mayor DiIanni enters Council Chambers and makes his way to podium)

Merulla (as Deputy Mayor, Acting Chair) : "Thank you, Councillor Ferguson. And, now we have Mayor DiIanni. Mayor DiIanni, thank you very much." (Councillor Merulla steps down from chair quickly; hear some giggles from some members of Council)

Mayor DiIanni : "Thank you, Deputy Mayor Merulla; appreciate you help and good evening ladies and gentlemen."

See Part #2
Starting with Item #6.4 - "Committee Reports - Public Health and Community Services Committee"