December 15/04 Report – Part 1 of 5
7 pm (actual start 7:00 pm)
Adjourned 9:34 pm

Members of Council :

• Mayor Larry DiIANNI (present) in 6:30 pm
• Ward # 1 Brian M cHATTIE (medical absence)
• Ward # 2 Bob BRATINA (present) in 6:45 pm, out 8:47 pm; in 8:48 pm
• Ward # 3 Bernie MORELLI (present) in 6:59 pm, out 9:05; in ? pm
• Ward # 4 Sam MERULLA (present) in 6:54 pm, out 8:39 pm; in 8:45pm, out 9:03 pm; in ?
• Ward # 5 Chad COLLINS (present) in 6:55 pm, out 9:05 pm; in 9:07 pm
• Ward # 6 Tom JACKSON (present) in 6:59 pm
• Ward # 7 Bill KELLY (absent - on City business)
• Ward # 8 Terry WHITEHEAD (present) in 6:58 pm
• Ward # 9 Phil BRUCKLER (present) in 6:59 pm
• Ward #10 Maria PEARSON (present) in 6:38 pm
• Ward #11 David L. MITCHELL (present) in 6:40 pm
• Ward #12 Murray FERGUSON (present) in 6:50 pm, out 8:24 pm; in 8:28 pm
• Ward #13 Art SAMSON (present) in 6:53 pm
• Ward #14 Dave BRADEN (present) in 6:49 pm
• Ward #15 Margaret McCARTHY (present) in 6:30 pm, out 8:15 pm; in 8:33 pm

Members of Staff

• Peter Barkwell - City Solicitor
• Rose Caterini - Deputy Clerk, Manager - Legislative Services
• Kevin Christenson - City Clerk
• Lee Ann Coveyduck - General Manager, Planning and Development
• Neil Everson - Executive Director, Economic Development
• Mary Gallagher - (Co-ordinator) Council, Committee of the Whole and Budgets, City Clerk's Office
• John Gosgnach - Manager, Corporate Communications
• Catherine Graham - General Manager, Human Resources
• Jim Harnum - Director, Water and Waste Water
• Mario Joanette - Assistant to the Mayor
• Chief Jim Kay - General Manager, Emergency Services / Fire Chief
• Guy Paparella - Director, Strategic Initiatives
• Glen Peace - City Manager
• Joe-Anne Priel - General Manager, Public Health and Community Services
• Joe Rinaldo - General Manager, Finance and Corporate Services
• Scott Stewart - General Manager, Public Works

Members of the Media present :

• Cable 14
• Doug Cameron, K-Lite FM
• Andrew Dreschel - Hamilton Spectator
• Eric McGuinness - Hamilton Spectator

Call To Order

(meeting began with wonderful sounds of bagpipes in the Chamber as a number of troops of young army cadets marched in.)

Mayor DiIanni : "Thank you, Mr. piper. And, good evening ladies and gentlemen. I would like to call this meeting of the City Council to order and ask that you remain standing for the National Anthem."

National Anthem

Prayer

Mayor DiIanni : "Thank you. Please be seated. Members of Council, ladies and gentlemen, I would like to welcome Reverend Paul Fayter of First Pilgrim United Church (http://www.ispnet.ca/~firstpilgrim) in Hamilton to this evening's meeting."

"First Pilgrim United Church began in 1801 as an active outreach ministry and houses over 700 seniors, low-income families, and persons with disabilities in 4 buildings, including the First Place tower at Main and Wellington. Reverend Fayter is also a professor at York University (http://www.yorku.ca/yorkweb/) where he teaches courses in history, science, religion and science fiction. He is married with 2 daughters."

"I would ask that you remember in your prayers: Alton Rainer, the son of Art and Karen Rainer, who passed away suddenly on the weekend. Karen was the form Administrative Assistant to the Region's Commission of Social Services. And, Art is employed in our City Clerk's department."

"As well, I ask that you remember in your prayers: Mrs. Donita Yachich (Sp?), Lily Osborn's mother, (Councillor Kelly's Administrative Assistant) who has also passed away."

"Our thoughts and prayers are with Art, Karen, Lily and their families during this difficult time."

"Thank you Reverend Fayter. Would you please lead us in prayer."

Reverend W. Paul Fayter : "Thank you, Mayor DiIanni. I hope to see many of you here on August 6 th for the 60 th anniversary of the dropping of the first atomic bomb on Hiroshima. And, later on in Nagasaki. We have annual services here in these chambers."

"Let us pray to the Holy One, during this Holy season. Giver of life. God of the universe whom we know by many names, Bless our City, Bless this Council. Grant that these leaders in their decision-making may have a deep sense of what is true and right, a deep sense of Your wisdom and mercy; a deep sense of Your justice and compassion - especially for the vulnerable for the sake of the common good; for the sake of Your Shalom; for Love's sake. Amen"

Mayor DiIanni : 'Thank you very much, Reverend."

1. Approval of Agenda (Collins / Ferguson - CARRIED as amended)

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

Kevin Christenson - City Clerk : "Yes. Thank you, Mr. Mayor."

"We have circulated to Council the Changes to the Agenda this evening. For the members of the public in the gallery and for our Cable 14 viewers the changes are as follows:

•  I have the Adoption of the Minutes for the special Council meetings held on December 7 th , 8 th , and 9 th respectively

•  We have added Council Communication Item 5.10 from Pat London, which is respecting Council Communication Item 5.9 which refers to the location of the school in Couldrey Park, which is in Dundas. This correspondence is before you for your consideration

•  We have Added Council Communication Item 5.11 from the Hamilton Port Authority requesting Council refer item 24 of the Planning and Economic and Development Committee Report back to Committee to allow for delegation status by the Hamilton Port Authority (http://www.hamiltonport.ca/) and BIOX (http://www.bioxcorp.com/)

•  There is also an added in camera update on the Wentworth Lodge staff and services reduction, which will be considered as Item 10.1 on this evening's agenda. This Item corresponds with the Community Services and Public Health Report Information Item (k)

•  Item 7.1 on this evening's agenda is to be deleted, as it is no longer necessary

•  I have an added Motion by Councillor Samson to be noted a Item 7.2 respecting a 90-day extension to consider the disposition of the University Gardens property

•  An added Motion by Councillor Merulla respecting appointment to the Hamilton Conservation Authority noted as Item 7.3

•  And, we also have an added Notice of Motion by Councillor Jackson respecting the issuing of an Expression of Interest for rendering of legal services which will be added as Item 8.1"

Mayor DiIanni : "Thank you, Mr. Clerk. Members of Council, may I have a verbal Motion to approve the Agenda as amended? Moved by Collins; seconded by Ferguson. All in favour? That's carried. Thank you."

2. Declaration of Interest

Mayor DiIanni : "Members of Council, are there any Declarations of Interest?" (hear a glass clink) "Councillor Braden."

Braden : "Thank you, Mr. Mayor. I have an interest in Item 20 on Planning and Economic Development issue six - well the report is 6.2 and the issue has been declared and explained in Committee."

Mayor DiIanni : "Thank you. Seeing no others, then, that will be recorded."

3. Ceremonial Activities

3.1 Presentation - 125 th Anniversary of the Royal Canadian Army Cadets (http://www.cadets.ca/armcad/intro_e.asp)

Mayor DiIanni : "Members of Council, for our first presentation, first of several ceremonial presentations, I would ask that Councillor Bob Bratina please join me at the podium."

"As members of the viewing public, the ladies and gentlemen are in our City Hall and Members of Council saw, we had the pleasure, this evening, of being escorted into the Chambers by members of the Army Cadet Corps and their commanding officers."

"2004 marks the 125 th anniversary of the Army Cadet movement in our Country. Represented this evening, are the 2865 Hamilton - Wentworth Artillery Cadet Battery, led by Commanding Officer Captain Sherry Woytas (Sp?); the 62 Royal Hamilton Light Infantry Cadet Corps led by Commanding Officer Captain Rose Saari (Sp?); the 2379 Argyll and Sutherland Highlanders, PL Cadet Corps led by Commanding Officer Captain Richard Robinson; and the 2814 Hamilton Service Battalion Cadet Corps led by Commanding Officer Captain Anne Cowan."

"More than 100 years ago, Canada began the instruction of young men attending school and drill and military training. These young men were initially formed into militia sub-units known as 'drill associations' that closely resemble present day Cadet Corps. From as far back as 1862, and through World War I and World War II, thousands of Cadets voluntarily enlisted to serve our Country. Sixty-four Victoria Crosses were awarded during World War I; 25 were bestowed upon former Army Cadets. By 1975, Bill C-16 was given Royal Assent, which amended the National Defense Act (http://www.forces.gc.ca/admpol/eng/parl/nat_e.htm), allowing young women to enroll as Cadets, as well. In this national organization, whose purpose is to develop in youth: the attributes of leadership, engage in active citizenship and physical fitness - all within an environment that stimulates an interest in the Canadian Forces."

"We are proud to have them with us, this evening, as I ask each Commanding Officer to come forward to receive their Corps Certificate of Recognition. Captain Sherry Woytas - am I pronouncing that correctly?" (Commander phonetically notes and Mayor corrects) "All right, I was close, Woytas I apologize. Captain Rose Saari. Captain Richard Robinson. And, Captain Anne Cowan."

"And, I'll ask Councillor Bratina to help me with the presentations - "

Bratina : "Thank you very much."

Mayor DiIanni : "And, before we acknowledge the Captains, there's one other presentation which we would like to make this evening. And, I ask that Mrs. Ellen May come forward and join us at the podium, as well. Over the past year, Major Peter May, Ellen's husband, was working towards having the 125 th Anniversary recognized. Sadly, Major May passed away suddenly; a great loss of 38 years of experience of youth service in the community. We would like to recognize Major May, and present you, Ellen, with a token of appreciation, on behalf of City Council. I hope we played a small part in fulfilling Peter's dream." (Mrs. May comes forward and is presented with a bouquet of red roses; sustained applause from Council and gallery.)

"And, as well through the Commanding Officers, we recognize these young people for their service, not only to the Corps, but to the community, as well. Thank you, ladies and gentlemen." (more applause from Council and gallery) "Thank you very much and the piper will now pipe them out." (bagpipes are played once again, playing traditional 'Scotland the Brave' as the young cadets and officers march out of the Chambers. )

3.2 Presentation - City of Hamilton Rings

Mayor DiIanni : "Thank you. For our next presentation, I am very pleased, this evening, to welcome back to our Chambers 4 members of City Council who will this evening receive their City of Hamilton rings for their years of service to this community as councillors."

"With us, this evening, is former Mayor Bob Wade - and I ask you to join me at the podium as I call your names, please - " (hear applause from Council and gallery) "Former Councillor Andrea Horwath - and now MPP - " (hear applause from Council and gallery) "Former Councillor Marvin Caplan" (hear applause from Council and gallery) "and Former Councillor - yes please, Marvin - and former Councillor Frank D'Amico" (hear applause from Council and gallery). "Unfortunately, because of prior commitments, former Councillor Anne Bain and former Councillor Russ Powers - now MP, are not in attendance this evening. But, we will make arrangements to have their rings forwarded."

"Ladies and gentlemen; and ladies and gentlemen watching, I can tell you that represented here, this evening, are many, many years of continuous and continual service to this community. And, all of the communities that were represented by the various Wards that each member represented, they did so with distinction, with honour and certainly with lots of blood, sweat and tears. And so, it's a particular honour for me and for Members of this Council to recognize you with the official City ring, which I am sure you will wear with pride at all occasions."

"And, I'd like to invite the Councillors - and I do this at some risk - because I remember the many speeches they used to make here -" (hear giggles from Council and gallery) "But, I would like to invite the Councillors to come to the podium and perhaps say a couple of words. Mayor Wade."

(former) Mayor Robert Wade : "Thank you very much." (hear applause from Council and gallery) "Mr. Mayor, Members of Council I think all know that I am a man of few words. We're still having a problem with the microphone." (hear giggles from Council and gallery) (there is bad feedback noise coming from one of the microphones) "Nothing ever changes. I want to say, when I sat up in the gallery tonight, it brought back 25 years of memory - 25 years that I served in this particular Council Chamber, serving for a good number of years, the citizens of the former Town of Ancaster; latterly, the citizens of the entire City of Hamilton."

"And, for the most part, it brought back some very warm and very pleasant memories. There were some tough times in this Council Chamber, as well. That's the lot of anyone who sits around this Council Table. You have those tough decisions to make. I know the commitment that you each bring to the Council Chamber. I know what it takes to be an elected representative and to make the tough decisions that often are unpopular. But, make them, you must. And, I commend you for the decisions you're going to have to make as you get into your 2005 Budget. It's like the 2004, the 2003, the two thousand and - it just goes on and on and on. There doesn't seem to be an end to it. But, I do thank you for your commitment."

"And, I want to thank, as well, the staff of the City, the former Regional Municipality for the support that they give to you, and to me, when I was here as the Mayor. And, I wish you all a very happy holiday season, and the best in 2005. Thank you." (hear applause from Council and gallery)

(former Ward 2) Councillor (now Hamilton East MPP) Andrea Horwath : "Thank you very much. I can say that the last time I was in this Chamber giving a speech, I think I had tears. It was my good-bye speech. And, it's really a great pleasure for me to be here again to see all of my friends from Council and from Staff, here. It's a great honour for me to receive this ring. I certainly wear our community with pride everyday in the Legislature. And, when I'm speaking out on behalf of the issues that are important to people in Hamilton East and I know to the rest of the City, as well. So, I just want to say thank you very much. It's certainly an honour to receive this and I also want to provide - " (Mayor DiIanni exchanges ring Andrea Horwath has with another which is actually the one designated for her) "that was kind of big, eh?" (hear giggles from Council and gallery) "I'm looking at it thinking, you know, that's not a woman's ring. But - we have to make these adjustments for woman, Mr. Mayor."

"But, anyways, I do want to say that I spent 7 years, I think, here in this Council Chamber with many of you - and with others who have departed this City, both Staff and Councillors. And, they really were 7 great years. I mean, I learned a heck of lot from all of you. And, I really - I'm starting to quaver - no I'm not - I really do appreciate everything that you've taken the time to teach me and I know that you have a lot of great things ahead of you, as does this city. And, we'll certainly get there with all of you wonderful people working together at the helm of this city. So, thank you very much." (hear applause from Council and gallery)

Mayor DiIanni : "I wondered why there was a name on here." (hear laughter from Council and gallery) "Councillor Caplan - and please, Clerk, start the 5 minute clock." (hear more giggles from Council and gallery)

(former Ward 1) Councillor Marvin Caplan : "Unaccustomed as I am to public speaking - I want to first of all thank my wife, Judi - my bride of 32 and a half years - is that right? 32 and a half?" (hear giggles from Council and gallery) " - keep saying she married me when she was 1, my mother and my children who lent me to the City. When elections rolled around and due to illness and fatigue, I think the voters were sick and tired of me, I wasn't allowed to come back here. I said what a wonderful world we live in, in Canada and in Hamilton, when you can lose elections, when the democratic process can carry on."

"I miss working with most of you. I miss working with all of our staff. I don't think the staff of the City of Hamilton - I'm glad that both my predecessors who spoke acknowledged the people who work so hard and so diligently."

"It was my custom, just before the holiday season to drop by the sanitation department and thank the people who pick up our garbage and who give out parking tickets - and my last term, I even went to the tax department. We forget that we wouldn't be able to run this city without people who have to do tough jobs that we - that you, now, as Councillors, Mr. Mayor, direct them to do. They do your bidding. And, they do it uniformly, superbly well. I miss you all. I miss working with you. I miss working with you and all the best of the season, to all of you. Thank you." (hear applause from Council and gallery)

(former Ward 8) Councillor Frank D'Amico : "Thank you very much, Mr. Mayor, Members of Council, ladies and gentlemen. I - a hard act to follow, 3 distinguished people of the public. And, I just want to say, my 12 years on Council were unforgettable years."

"I came in very bright-eyed, perhaps a very idealistic young man of 27, 28 years old and came away still idealistic. But, came away with the realization that things are - as it relates to life and politics and - things are not easy. And, tough decisions are made around this Table."

"And, I must say, that if it wasn't for my colleagues that served with me over the years, the good staff that are in the gallery and those that have served before them, that made our lives and our jobs work so well. And, they are absolutely to be commended."

"And, I also want to - unfortunately, my wife and my children could not be here, this evening. But, I also want to thank them and my extended family as well as my, the people who helped me over the years with my job of serving the people of Ward 8 and the City of Hamilton. So, I want to thank everyone here, this evening. And, that you all and very best of the season. Thank you." (hear applause from Council and gallery)

Mayor DiIanni : "Well, thank you all for being here, this evening. Of course, you're welcome to stay. But, if you must leave - " (hear Marvin Caplan say 'there's not a hope' followed by giggles from Council and gallery) "If you must leave, we will not forgive you." (more giggles) "But, we'll understand. Thank you very much."

"And, I noticed that our MPP is hobbling a little bit." (Andrea Horwath explains that she sprained her foot) "Well, let's hope that it heals quickly."

"There's an added item of Ceremony, as well. And, that is that Councillor Mitchell, I understand, has a very pleasant duty to perform. So, I'd like to call him up to the microphone and discharge it."

Mitchell : "Well, Mr. Mayor, we just had an example of 4 fine individuals as community leaders. But, it's not always individuals that are leaders in the community, sometimes it's organizations."

"And, this cheque was presented to me from the Winona Peach Festival (http://www.winonapeach.com/) for helping the City - the City of Stoney Creek, at that time. And, now the City of Hamilton - for the purchase of more parkland, in order to have the Peach Festival take place. So, it is the second-to-last payment for $10, 000. And, I think it's the best example of community leadership that this city has. So, Mr. Mayor, from the Winona Peach Festival people to the City of Hamilton, a $10, 000 cheque." (hear applause from Council and gallery)

Mayor DiIanni : "Thank you. Thank you, Councillor. And, that the - for us - the membership and the committee of the Winona Peach Festival in the former City of Stoney Creek - a group that is true to their word and is making good payments. And, we appreciate that. So, Mr. Clerk, Madam Clerk, if somebody can relieve me of this, because it is $10, 000, it is the Christmas season, I'm sure we can put this to good use. Thank you."

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

4.1 November 24, 2004

(Pearson / Mitchell - CARRIED)

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Nov24/Minutes.pdf)

Mayor DiIanni : Members of Council, may I have a verbal Motion to approve the Minutes of the City Council meeting held on November 24, 2004? Moved by Pearson; seconded by Mitchell. All in favour?" (hear councillors say carried) "That's carried."

December 7, 2004

(Samson / Whitehead - CARRIED)

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Dec07/Minutes.pdf)

Mayor DiIanni : "May I have a verbal Motion, now, to approve the minutes of the special City Council meeting, held on December 7 th , 2004? Moved by Samson; seconded by Whitehead. All in favour? That's carried."

December 8, 2004

(Ferguson / Bruckler - CARRIED)

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Dec08/Minutes.pdf)

Mayor DiIanni : "May I have a verbal Motion to approve the minutes of the special City Council meeting, held on December the 8 th , 2004? Moved by Ferguson; seconded by Bruckler. All in favour? That's carried."

December 9, 2004

(Braden / Collins - CARRIED)

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Dec09/Minutes.pdf)

Mayor DiIanni : "And, may I have a verbal Motion to approve the minutes of the special City Council meeting, held on the 9 th of December, 2004? Moved by Braden; seconded by Collins, thank you. All in favour?" (hear councillors say carried) "That's carried."

5. Communications

Mayor DiIanni : "Thank you. Before I ask for a Motion on Communications, Councillor Samson, I understand that you wish to address and have a Motion for Council to consider with respect to Council Communication Item 5.9 Couldry Park lands."

Motion - to put a process in place - Couldry Park lands / Hamilton-Wentworth District School Board (Samson / Collins - CARRIED as amended)

Samson : "Yes, I do, Mr. Mayor. This refers to 5.9, which you have in front of you. And, I would like to read out the following recommendation and I'd like to speak to it, after."

Mayor DiIanni : "Okay."

Samson : "Recommendation:

•  'that the City of Hamilton enable staff to negotiate the exchange of City-owned lands known as Couldry Park in Dundas, for the adjacent lands owned by the Hamilton-Wentworth District School Board (http://www.hwdsb.on.ca), with the undertaking that the soccer pitch that is presently located on Couldrey Park will be replicated by the School Board at Board's cost on said adjacent lands;'

•  'That the City of Hamilton's Real Estate Division's appraisal report on Couldrey Park be relied upon as a benchmark for determining an equitable exchange;'

•  'That City and Board staff apprise their respective Councils on the on-going progress towards a planned new school opening in September 2006 at this location'

Mayor DiIanni : "Thank you. And, Mr. Clerk, when would be the best time to address that issue?"

Kevin Christenson - City Clerk : "Mr. Mayor, I would say it would be appropriate to address that now" (hear a glass clink) "as part of the Communications, that would be a recommendation on that Item."

Mayor DiIanni : "So, go ahead, Councillor."

Samson : "Thank you, Mr. Mayor. A little bit of history here - goes back to a May 16 th memo, which you yourself sent to Mr. Mulholland, in charge of the School Board, with regard to your disposition to the situation at Veterans' Park in Dundas. But also, an offer that the Council would move ahead and help out the School Board in its desire to find a School in Dundas West."

"Taking that memo to heart, when I became elected on October the 1 st , I have set my, sort of, efforts in that direction in moving ahead with the School Board. To that regard, I've been meeting with the School Board. I've met with Trustee Jessica Brennan. We've had public meetings. We had one a week ago Wednesday. And, I had another one, this evening."

"The one this evening was certainly intended as merely an open house for those people who were not able to attend a week ago, Wednesday. It didn't turn out that way. I noticed a number of people who were there a week ago, Wednesday, were also there today."

"The point that it brought out to me is that what I thought was something which was in the interest of the people in the area that we would be exchanging Park space for School Board space and we'd be simply moving a park further to the north. That would require less environmental damage than if the School Board built on its own property, which it owns - and really, which we wouldn't have too much say about. That was certainly not shared by the people who were there, this evening. In fact, if I had to put a percentage on it, I'd probably would say it was 95% against it."

"I thought I was operating in, with you know, the interest of the common good. I was trying to facilitate the building of, a place to build a school on in Dundas West. It's seems to be that there is a lot of opposition to that. And, that's why I didn't move the (c ) part" ('That the City of Hamilton not object to the Hamilton-Wentworth District School Board in obtaining the necessary land use approvals required for the construction of a new school in Dundas West at this location, provided that there are no technical feasibility issues;')" of that Recommendation. I feel what I'm Moving here, if passed by Council, is a, in principle to move ahead; to have the staffs work on it and they will bring it to the Planning and Economic Development [Committee] at which time there will be an opportunity for citizens' input."

"It's never been my intention to exclude citizen input. And, you'll see in 5.10 there is a request for Citizen input. So, before I was, before I would be asking the City of Hamilton to not object to the Board, I think we should obtain some citizen input into this. And, as a result of my 2 meetings - especially this evening's meeting - that's why I'm not Moving (c )."

"I really feel it's in the best interest of everyone (a), (b) and (d). But, I'm not Moving (c ) at this particular time. Thank you."

Mayor DiIanni : "Thank you, Councillor. So, we will consider that as part of the Communications package."

"Now, 5.10" (hear a glass clink) "is there a comment on that" (hear someone say 'no') "On 5.10 - now we don't have 5.10. 5.10 is referenced, but I" (hear a glass clink) "don't see 5.10, I see 5.9. Councillor Merulla."

Merulla : "Just a point of clarification. I heard that Councillor Samson's Moving or not supporting something. We're in the Correspondence. And, I just need a point of clarification on that."

Mayor DiIanni : "Mr. Clerk, or Madam Clerk can you help us with that? So, the Councillor is suggesting Moving several parts, but not the whole component. Go ahead."

Kevin Christenson - City Clerk : "Through you, Mr. Mayor. That is appropriate. The Mover of the Motion, Councillor Samson, the Motion's before you if he wants to Move (a), (b) and (d) as I understand it. Is that correct? And, does not deal with (c ) at this point, that's what he would be presenting to Council at this point."

Mayor DiIanni : "Okay. But, we're going to deal with that in . " (tape stopped, sorry)

Bruckler : ". whether perhaps that should be contained within the Recommendation, as well. Because, I would assume that if we're going to receive the next Item of Communications, that might be received and referred, as well to, Planning and Economic Development [Committee]."

Mayor DiIanni : "Indeed. That was your intention, Councillor?"

Samson : "Ya, I presume that what the School Board would be doing would be presenting an application which would go to Planning and Economic Development [Committee]. I, I assume that would be the procedure."

Mayor DiIanni : "Mr. Clerk, do we have to spell that out?"

Kevin Christenson - City Clerk : "I would say, it would be appropriate to put it in a Motion, that the issue be brought back to the Planning and Economic Development Committee and then the Item 5.10, you could refer there, as well."

Mayor DiIanni : "So, (c ), Councillor, would be replaced by a sugge, a Recommendation that the report be forwarded to the Planning and Economic Development Committee. Okay with that? All right. And then, 5.10 is a request for citizen input and the implication is that it would go to the appropriate Committee, as well." (hear off another's microphone, City Clerk say, 'That's correct.') "Okay."

"So, all in favour, then of 5.9?" (hear someone off someone else's microphone say 'I'm not sure what he's Moving.') "All right." (hear people talking off microphone) "We're in correspondence." (hear more talking off microphone) "Well, that was what I was trying to get from the Clerk and maybe you can guide us with that, Mr. Clerk."

Kevin Christenson - City Clerk : "Through you, Mr. Mayor. The Items of Correspondence that are before Council, all have a recommendation attached to them to be referred or something to be done with them. A disposition of this is what we're doing at this point, based on Councillor Samson's Motion. So, it is appropriate to deal with it here."

Mayor DiIanni : "Right. So, we're separating that out, because there's a disposition that changes the Recommendation before us and so want to make sure that Council approves of that and then we'll take all of the correspondence together. All right. Councillor McCarthy."

McCarthy : "Just to back up a second, what are we doing right now? Are we making a decision on the School Board purchasing property or not purchasing property?"

Mayor DiIanni : "We're essentially putting in place a process, right. And, the process as defined by: (a) which is an enabling recommendation that allows sides to negotiate; (b) a process in place, where there's some appraisal reports being done to feed information into the exchange of negotiations of lands process; (c ) [replaced from original (c )] a process that sends it to the appropriate Planning and Economic Development Committee, so that the entire concept can be debated, receive public input on and a decision be made; and (d) is a communications back to the respective School Board and Council. So, no decision is being made now, other than to engage in the process. Okay. Councillor Morelli."

Morelli : "Sure, I understand what you're doing. But, I, why wouldn't we just accept and Receive the Communication and then take the Referral to Committee, I mean, like we normally do. Why are we getting into Recommendations at this point? I mean, there's Recommendations with other Correspondence, as well. But, why wouldn't we just Receive the Communications, as is and then have them go to wherever they're supposed to go?"

Mayor DiIanni : "Or, as amended. And Mr. Clerk, I think that does the same thing. But, please correct me if I'm wrong."

Kevin Christenson - City Clerk : "Through you, Mr. Mayor. It may. But, Councillor Samson had Moved a Motion at this point to deal with the matter, as it appeared before you under Communications. If he's willing to have the issue just referred to Committee at this point, that's up to him, as a Mover."

Mayor DiIanni : "It essentially accomplishes the same thing, Councillor Samson, and lines up how we deal with the rest of the Communications. Do you want it to be in the form of a Motion, or simply a received and forwarded as stated, as amended to the appropriate Committee? Your pleasure." (hear off another person's open microphone Councillor Samson say something) "The latter. Okay, Mr. Clerk - we okay with that?"

Kevin Christenson - City Clerk : "Yes, Mr. Mayor. That's fine."

Mayor DiIanni : "All right. Councillor Bruckler. You're not okay with that."

Bruckler : "Not to confuse the issue, Mr. Mayor. But, I believe that there may be some urgency to this because the longer the decision is made on it, perhaps the location of the school within the Dundas community, it, I think it withholds funds from other allocations, if you will. So I, the reason I would - I don't have any difficulty with this because rather than referring it, it also gives direction to staff, perhaps, to do something in the interim that helps move this forward a little more quickly than it might otherwise."

Mayor DiIanni : "Okay, thank you for that clarification. Councillor Samson, it's your pleasure."

Samson : "That's fine. I want to have it Moved immediately."

Mayor DiIanni : "You want it moved forward."

Samson : "I want to expedite it."

Mayor DiIanni : "So, hand on a sec, let me just get some clarification on - So, Councillor Samson, then, you want to Move it as opposed to simply Receive it, at this point, with the amendments that you've stated."

Samson : "Ya, I want it to go to the, I want it to be expedited. And, what I'm doing is following the direction of, that you gave on May 16 th ."

Mayor DiIanni : "Okay. So, let me see if I can steer this. Councillor Morelli, your input and then I'll make a ruling on where I think we should - "

Morelli : "For consistency, and I, you know, I'd be the last guy to lay out the rules. But, if we receive it and then when we get to Committee, we can lift the rules and then treat it there. And make the Motion within Committee framework. Tonight, can't we do that? That would be the order for me."

Kevin Christenson - City Clerk : "Through you, Mr. Mayor, in essence you're doing the same thing - "

Morelli : "Ya, exactly."

Kevin Christenson - City Clerk "- approving it here or approving it in the Committee Report."

Mayor DiIanni : "Right, well, given that we've had this debate. Now, I know where you're going - and usually we do refer things to Committee. But, given that we've had the debate and I think we know where the Councillor wants to go. And, I heard somebody, here, say that they're willing to Second it - Councillor Collins - I'm going to deem that to be an appropriate Motion, Moved and Seconded. And, we've debated it. And, I'm going to ask for support. All in favour as amended?" (hear councillors say carried) "That's carried. Thank you."

"And, 5.10, then, will be part of the Correspondence, as well" (hear a glass clink) "that will go to the appropriate place. Councillor Ferguson." (see below, just above Communications Item 5.7)

5.1 Correspondence from Les McKay, Hydro One respecting security deposits

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Dec15/Item%205.1.pdf)

Recommendation: Be received and referred to the Social and Public Health Services Committee and the General Manager of Community Services and Public Health for discussion

5.2 Correspondence from M.R. O'Connor, Deputy City Clerk, City of Ottawa respecting Long Range Financial Plan 2 - Recommendation 6 - Hydro Ottawa Endowment Fund

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Dec15/Item%205.2.pdf)

Recommendation: Be received

5.3 Correspondence from Stephen Oliver, Royal Botanical Gardens in appreciation for assistance and support of the city during the tragedy of November 5, 2004

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Dec15/Item%205.3.pdf)

Recommendation: Be received

5.4 Correspondence from the Honourable Dalton McGuinty, Premier of Ontario respecting creation of a healthy school nutrition environment - Call to Action Program

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Dec15/Iem%205.4.pdf)

Recommendation: Be received

5.5 Report by the Hamilton Future Fund Board of Governors

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Dec15/Item%205.5.pdf)

Recommendation: Be received and referred to the Strategic Planning and Budgets Committee for consideration

5.6 Communication from Forrest Greene, CRTC Client Services respecting diverse local television broadcasting

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Dec15/Item%205.6.pdf)

Recommendation: Be received and referred to the Corporate Administration Committee

Motion to Refer Communication Items 5.7, 5.8 to Corporate Administration Committee re: (5.7) Ontario Health Premium and (5.8) Payment-in-Lieu Rate calculation (Ferguson / Jackson - CARRIED)

Ferguson : "Mr. Mayor, I'd like to Refer 5.7 and 5.8 to Corporate Admin. Committee."

Mayor DiIanni : "Okay. 5.7 and 5.8 to Corporate Administration Committee, rather than receive it. So, I will take a vote on that now. Seconded by Councillor Jackson. All in favour of that?" (hear councillors say carried) "That's carried."

5.7 Correspondence from J.D. Leach, City of Vaughan respecting Ontario Health Premium

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Dec15/Item%205.7.pdf)

Recommendation: Be received

5.8 Correspondence from Susan Greatrix, City of Waterloo respecting " Heads & Beds" - Payment in Lieu

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Dec15/Item%205.8.pdf)

Recommendation: Be received

5.9 Correspondence from Dr. Chris Spence, Director Education and Secretary to the Board, Hamilton-Wentworth District School Board respecting Couldrey Park lands

(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Dec15/Item%205.9.pdf)

Recommendation: For the consideration of Council

Mayor DiIanni : "Anything else? Councillor Whitehead."

Motion - Receive and Refer Communications Item 5.12 to Corporate Administration Committee - re: Communications, Energy and Paperworkers Union of Canada, Local 87-M Southern Ontario Newspaper - strike of production workers and inserters (Whitehead / - CARRIED)

Whitehead : "Ya, I, just before I introduce Correspondence, I want to recognize the Communications, Energy and Paperworkers, ( http://www.song.on.ca ) the Production Workers in the series of Brabant Papers. I guess there is a number of them in the crowd, who've been on strike for 2 weeks."

"We have Correspondence 5.12. I'd like to Move that the Council Communications Item 5.12 be Received and Referred to the Corporate Administration Committee."

Mayor DiIanni : "Thank you. And, we will - "

Whitehead : "Seconded by - "

Mayor DiIanni : "Seconded by - "

Whitehead : "Councillor Collins."

Mayor DiIanni : "Councillor Collins, as well. All in favour of that?" (hear councillors say carried) "That's carried. So, anything else on Communications? I'm going to turn to Councillor Morelli, now and ask, Councillor, if you have a Motion on Communications as amended?'

Morelli : "Moved by myself and Seconded by Councillor Merulla that Council Communications, as amended, be approved."

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

See Part #2
Starting with Item #6 - "Committee Reports"