Council

 


January 12/05 Report – Part 1 of 5
7 pm (actual start 7:03 pm)
Adjourned 9:40 pm

Members of Council :

  • Mayor Larry DiIANNI (present) in 7:03 pm
  • Ward # 1 Brian M cHATTIE (present) in 6:59 pm
  • Ward # 2 Bob BRATINA (present) in 6:59 pm
  • Ward # 3 Bernie MORELLI (present) in 6:55 pm
  • Ward # 4 Sam MERULLA (present) in 7:00 pm, out 7:50 pm; in 7:53 pm, out 8:50 pm; in 8:57 pm
  • Ward # 5 Chad COLLINS (present) in 7:04 pm, out 7:50 pm; in 7:56 pm
  • Ward # 6 Tom JACKSON (present) in 6:46 pm
  • Ward # 7 Bill KELLY (present) in 7:05 pm
  • Ward # 8 Terry WHITEHEAD (present) in 6:30 pm
  • Ward # 9 Phil BRUCKLER (present) in 6:59 pm
  • Ward #10 Maria PEARSON (present) in 6:50 pm
  • Ward #11 David L. MITCHELL (present) in 6:59 pm, out 7:51 pm; in 7:56 pm
  • Ward #12 Murray FERGUSON (present) in 6:58 pm, out 8:40 pm; in 8:45 pm
  • Ward #13 Art SAMSON (present) in 6:55 pm
  • Ward #14 Dave BRADEN (present) in 6:57 pm
  • Ward #15 Margaret McCARTHY (present) in 6:59 pm, out 8:00 pm; in 8:03 pm, out @ 9:20 pm

Members of Staff

  • Peter Barkwell - City Solicitor
  • Rose Caterini - Deputy Clerk/Manager of Legislative Services & Records
  • Kevin Christenson - City Clerk
  • Lee Ann Coveyduck - General Manager, Planning and Development
  • Neil Everson - Executive Director, Economic Development
  • 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
  • Glen Peace - City Manager
  • Joe-Anne Priel - General Manager, Public Health and Community Services
  • Joe Rinaldo - General Manager, Finance and Corporate Services
  • Doug Rose - Manager, By-Law Enforcement and Licensing
  • Scott Stewart - General Manager, Public Works

Members of the Media present :

  • Cable 14
  • Doug Cameron, K-Lite FM
  • Ken Mann, CHML
  • Eric McGuinness - Hamilton Spectator

COUNCIL AGENDA

Call To Order

Mayor DiIanni : "Good evening ladies and gentlemen, Members of Council. I'd like to call this meeting of City Council to order and ask that you remain standing for the National Anthem."

National Anthem

(problems with the tape for the National Anthem, audio low, so actually hear the Councillors and gallery singing the National Anthem)

Mayor DiIanni : "That's good, that's very, very good. Someone has a, some one has a very nice voice on this side." (hear giggles from Council and gallery) "Thank you. Please be seated everyone. Was that you Councillor Jackson with that fine, fine tenor?" (more giggles from council and gallery)

Prayer

Mayor DiIanni : "Ladies and gentlemen," (hear talking) "I'd like to welcome to the podium - if I can have people's attention, that'll be great." (starts to quiet down) "Thank you. Thank you, no problems."

"I'd like to welcome to the podium Reverend Dr. Garfield Havemann of Chedoke Presbyterian Church (http://www.chedokechurch.ca/eindex.html) in Hamilton to this evening's meeting. Reverend Havemann was born in South Africa, in a little town in Zululand. He was ordained for ministry in January, 1984 and obtained his doctorate in 1996. Garfield and Ida, who comes from the Netherlands, are married with 3 children. The Havemanns relocated to Canada in 2000, and Garfield presently serves as the senior minister of Chedoke Presbyterian Church on Mohawk Road."

"He founded Youth in Action and leads groups of volunteers to the Indian Ocean to the islands of Mauritius (http://www.dfait-maeci.gc.ca/africa/mauritius-en.asp) Nosy Be' (http://www.cruiseshipcentercanada.com/nosybe.htm) and Madagascar (http://www.dfait-maeci.gc.ca/africa/madagascar-en.asp) for community service. He has engaged in community related research in Brazil and Germany and acted as team leader in Austria."

"His doctorate studies under-pinned the role the Church could play in the community through Grace giving. Consequently, Garfield has worked on city clean-up projects, informal business improvement initiatives, crime reduction plans, relief for street youth in Pretoria, South Africa and initiated the establishment of an inner Church and inter-racial body. He serviced on the Adult Mental Health Board in Haldimand County, Ontario in 2002. As we can see, he's been a very, very busy person. His current congregation at Chedoke Presbyterian Church actively hosts and supports various community organizations."

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

(applause from gallery and Council)

The Reverend Dr. Garfield Havemann : "Mr. Mayor, thank you so much for the privilege and the honour to be here. It is a joy to lead you in prayer. Join with me in prayer, shall we."

"Oh Lord God Almighty, You are the God of Grace. And, we come to You this evening with hearts filled with thankfulness. And, with joy, we praise You for the abundance we enjoy. We thank You for the privilege of life and of living in Canada; and the privilege of life and of living in this City of Hamilton."

"We thank You, oh God for the thousands of wonderful and caring people who build homes and who build relationships and families and legacies in our City. This evening, we honour every volunteer and we pray Your Blessing and Your wisdom and patience and joy upon them as we serve each other. And, as we remember that all elected officials also are servants of the people."

"Oh Father, we humbly ask for assistance to deal with the weight of responsibility placed on those who are put in elected positions. We pray for strong compassionate and visionary leadership in our City. We pray for wisdom to make day by day decisions in the light of the broader community vision."

"Also, Father, as Hamilton re-orientates itself and adapts to a changing environment. And, we recognize oh God, that great expectations for Hamilton as a community of growth and of excellence."

"God of mercy, hear our continued prayers for those in South Eastern Asia - the victims of the flooding. And, we thank You for the generous spirit here in Hamilton and the giving spirit as residents open their hearts and their wallets to assist people caught up in the devastation. And may these gifts, Lord, from our City, be used responsibly."

"So, we also bring to you our need for wisdom; our need for diligence in dealing with the new City Budget. And tonight, we also recognize those within our community who are disadvantaged and the immigrants and those who require special attention. We thank You, God, for the many institutions' and Churches' and faith communities' and institutions' initiatives to address these needs. Bless them, we pray. And may the spirit of optimism and hope envelope this City of Hamilton."

"Oh, Dear Lord, may our City continue to grow as a safe and as a secure community. And, Bless the deliberations of this evening, through Christ we pray. Amen."

Mayor DiIanni : "Thank you very much, Reverend Havemann. We really appreciate the words of encouragement and prayer."

1. Approval of Agenda
(Whitehead / Pearson - CARRIED as amended)

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

Kevin Christenson - City Clerk : "Yes. Thank you Mr. Mayor. I have 3 added items of Communication tonight."

•  "5.5 is correspondence from the Honourable John Gerretsen, Minister of Municipal Affairs and Housing (http://www.mah.gov.on.ca/scripts/index_.asp) respecting Ontario Regulation 239/02 regarding minimum maintenance standards for municipal highways, with the recommendation that this item be received"

•  "Item 5.6 is correspondence from Kealy Dedman, Ontario Public Works Association (http://www.opwa.ca/home.asp) respecting Hamilton's Rennie and Brampton Street Landfill Sites Erosion Control and Leachate Management Project, which has won Public Works Project of the Year in the environmental category. The recommendation is that this item by received and be referred to Council for a formal recognition."

•  "Item 5.7 is correspondence from Bernice Price respecting no increase to the Seniors' Bus Pass. Recommendation is that this item be received and referred to the Budget deliberations."

•  "In addition, I have a Motion by Councillor Jackson respecting Legal Services Restructuring, which will be added as Item 7.2."

Mayor DiIanni : "Thank you very much. Members of Council, may I have a verbal Motion to approve the Agenda as circulated. Moved by Whitehead; Seconded by Pearson. All in favour?" (hear councillors say carried) "That is carried."

2. Declaration of Interest

Mayor DiIanni : "Are there any Declarations of Interest? Councillor Ferguson."

Ferguson : "Mr. Mayor, Corporate Admin Committee 05-001, #1, Tenders. I have 3 conflicts, there: two of which, I'm related to an employee of the company and the other one I own the company. And Plan Ec Dev 05-001, Item 2"

Mayor DiIanni : "Thank you. That will be noted. Any others?"

3. Ceremonial Activities

Mayor DiIanni : "Seeing no others, then, Members of Council, we don't have ceremonial activities this evening per se, this evening. But, I just want to mention at the beginning of our deliberations a couple of things."

"The first is, the event yesterday, the fundraising event sponsored by CH-TV (http://www.canada.com/hamilton/chtv/index.html) that raised $865, 000 is the figure that I have and want to be able to congratulate the many volunteers who participated in that. And, of course, all of the residents not only of Hamilton, but Hamilton area, who in the viewership of CH that were so generous in giving the money to, obviously, a very worthy cause."

"And, I just want to name the Red Cross, of course. (http://www.redcross.ca/article.asp?id=000005&tid=003) CH itself, McMaster University, (http://www.mcmaster.ca/) Hamilton Health Sciences Corporation (http://www.hamiltonhealthsciences.ca/) both School Boards (http://www.hwcdsb.edu.on.ca; http://www.hwdsb.on.ca) and the Hamilton Police, (http://www.hamiltonpolice.on.ca/) as well as a number of organizations and businesses who came forward and came through in raising so much money."

"And so, in my calculation, the total raised in Hamilton through these events is about $1.5 million for Red Cross. And, that is, I think, a very generous contribution on the part of our community and I just want to tip my hat off to everybody who participated and contributed and I'm sure that I echo Members of Council, as well. Or, Members of Council, as well, who" (hear glass clink) "want to pass on that congratulations, as well."

"Councillor Kelly, you were part of it. I saw you very late last night."

Kelly : "I saw you here late last night, too, Mr. Mayor."

Mayor DiIanni : "Yes, indeed."

Kelly : "It was indeed an honour to be part of the whole situation through the course of a day and I can only echo your comments about what a wonderful event it was - not just, of course, for the people that you've mentioned, how so many people came to volunteer - but for the population at large."

"When we talked about how Council was going to deal with that terrible tragedy and we decided on somewhat of a strategy - and we're only, of course just formulating that, of course. We'll have the Task Force that will come up with more recommendations - But, we talked that day, Mr. Mayor, you may recall, about the Council acting as a conduit for the community to try to focus the attention, and certainly the participation with CH TV and the City of Hamilton on that, I think, accomplished that."

"The other thing that I think bears repeating, Mr. Mayor, is telethons come and go and there's all very worthwhile causes, of course, for many of them. But, the essence of yesterday, was that the Federal Government made the stipulation that this had to be cash. These were not pledges. So, when you talk about $1.6 million, I think it was - which, of course, is going to be doubled by the Federal Government - that's money. Those aren't pledges that still have to be collected. That's either cash or cheques or VISA payments that were dropped off. So, that's money that's in the bank for the Red Cross. And, another thing, people of Hamilton should be very proud of themselves for the way that they've rallied. Thank you."

Mayor DiIanni : "Thank you very much for those comments. And, some Members of Council later may wish to say some things. And, we will be dealing with the Task Force recommendation later, as well, which will look at the longer term, in terms of what contributions we might make as a community, as well."

"Members of Council, I do want to take this opportunity, since this is our first Council Meeting of the new year to acknowledge the passing of one of our long-time City employees, just before Christmas."

"And, I'm referring to, and I know that staff thought very, very and thinks very, very highly of Chris Barnsley and some Members of Council might have gotten to know him over the years, as well. Chris worked for us in our Information Technology Services Department and passed away suddenly on Sunday, December 19 th , 2004."

"Chris began work for the City of Hamilton's Central Utilities Plant in 1982. And, in 2000, he joined the newly created Web Solutions Section of Information Technology, as Web Solutions' Technologist. Chris was instrumental in creating the first websites for the Region of Hamilton Wentworth and for the City of Hamilton and was well-known as our graphics guru."

"He was an invaluable member of the web team and will be deeply missed by all of his co-workers and colleagues throughout the organization. I did not know Chris, personally. But, having spoken to his co-workers who worked with him, everyone had nothing but tremendous praise for the individual as an individual, as a colleague and as a human being."

"And so, we have sent our condolences, obviously, to the family and we acknowledge the great contribution that he has made. And, I know that some of his immediate co-workers are here this evening that would corroborate everything that has been said."

4. Minutes of the meeting of City Council held on:
4.1 December 15, 2004
(Mitchell / Morelli - CARRIED)
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2004/Dec15/Minutes%20Dec%2015.pdf
)

Mayor DiIanni : "Members of Council, may I now have a verbal Motion to approve the Minutes of the Council Meeting held on December 15, 2004." (hear a glass clink) "Councillor Mitchell; Councillor Morelli. And, before we take a vote on that, I'd like to call on Councillor Samson to highlight the Couldrey Park issue noted in the Minutes."

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

  1. That the City of Hamilton enable Staff to negotiate the exchange of City-owned lands known as Couldrey Park in Dundas, for the adjacent lands owned by the Hamilton-Wentworth District School Board, 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;
  2. 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;
  3. 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
  4. That the staff report be considered by the Planning and Economic Development Committee."

Samson : "Thank you, Your Worship. Refer to Item 5.9. And, the way that was left, it recommended to be considered by the Planning and Economic Development Committee. We didn't put a date on there. So, it's my understanding that that matter will be dealt with at the next Planning and Economic Development Committee meeting on January the 18 th . And, that's my understanding."

Mayor DiIanni : "Can we get that maybe confirmed from the Chairman or staff."

Whitehead : (Chair of Planning and Economic Development Committee) "Mr. Mayor, I can certainly confirm that it is on the agenda. In fact, what is on the agenda is whether or not we declare the Parklands as surplus. So, I just want to be specific in respect to the issue that's on the agenda. But, it is on the next agenda, which is, I believe, on the 18 th ."

Mayor DiIanni : "Okay. I wonder if we can ask staff to make contact the School Board personnel so that they know the process and are not surprised by it and are able to ask whatever questions they might have given that this is an issue that obviously they're tracking very carefully."

Lee Ann Coveyduck - General Manager, Planning and Development : "Yes, Mr. Mayor, we can certainly do that. It is on the agenda. Although, I must say we're still working on the report. So, it has not been released at this point in time."

Mayor DiIanni : "Very good. Thank you. Councillor Kelly."

Kelly : "Just on that point. I know that Councillor Whitehead is the Chairman of course, that's had those discussions. But for the members of the public that may be viewing, I know we've all received e-mails and phone calls on this subject. And, the people of Dundas should be clear as Councillor Samson, now, has told them that we're not going to be dealing with the zoning issue at the next Planning and Economic Development meeting. That's not on the agenda. That application has not come forward, yet."

"I know that most people when they look at this whole process, Mr. Mayor, looking at the whole thing and saying, well there's this, this and this. And, as Councillor Whitehead's already told us, all that will be dealt with at that point is whether or not it's going to be surplus property. The other things have yet to come, of course, as that process unfolds. So, this is going to be a very time-consuming process, I think. And not something that's going to be solved, necessarily, at the next meeting."

Mayor DiIanni : "Well, I think we've said enough. The process will unfold and staff will make sure that the School Board understands and knows what the process is."

"On the Minutes - Councillor?"

Whitehead : "Just, I know we've said enough. But, I think because it's a very polarized issued in respect to, in Dundas, I want to make it clear that when we get to the zoning, if we ever get to the zoning piece, there will be a special Planning and Economic Development meeting in Dundas to deal with it. So, we're going right to the heart of the community in listening to the deputations at that point."

Mayor DiIanni : "I think that's a great idea."

"All in favour, then, of the Minutes, as circulated? All in favour?" (hear councillors say carried) "That's carried. Thank you."

5. Communications

5.1 Correspondence from Marie Knight Stanley, Municipality of Clarington respecting amendment to the Municipal Elections Act to provide for a four-year term of office for municipal council members
(Morelli / Merulla - CARRIED)
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Jan12/Item%205.1.pdf
)
Recommendation: Be received and referred to the City Clerk for a report to the Corporate Administration Committee

Mayor DiIanni : "Councillor Morelli, may I have a Motion on Communications, please?"

Morelli : "Yes, sir. Moved by myself and Seconded by Councillor Merulla that the Council Communications be approved as follows, and you have them before you."

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

5.2 Correspondence from Karen Landry, Town of Halton Hills respecting elimination of duplicate addresses
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Jan12/Item%205.2.pdf
)
Recommendation: Be received

5.3 Correspondence from Charlotte Gravlev, Region of Peel respecting funding of GO transit development charges by-laws
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Jan12/Item%205.3.pdf
)
Recommendation: Be received and referred to the General Manager of Finance and Corporate Services for a report to the Corporate Administration Committee

5.4 Correspondence from Carolyn Downs, City of Kingston respecting the National Child Benefit Supplement Claw Back
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Jan12/Item%205.4.pdf
)
Recommendation: Be received and referred to the General Manager of Community Services and Public Health for a report to the Social and Public Health Committee

6. Committee Reports

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

Morelli : "Moved by myself and Seconded by Councillor Merulla that Council move into Committee of the Whole for consideration of the Committee Reports."

6.1 Public Works, Infrastructure and Environment Committee, Report 05-001, January 4, 2005
(McCarthy / McHattie - CARRIED)
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Public-Works/2005/Jan04/Rep05-001.pdf
)

Mayor DiIanni : "All in favour?" (hear councillors say carried) "And that is carried."

Mayor DiIanni : "So now, we move into the first Report, which is the Public Works, Infrastructure and Environment Committee Report, which presents its first report and respectfully recommends Item # 1" (hear councillor say carried) "#2 . 6" (hear councillors say carried) "Councillor McCarthy, may I have a Motion on the report, please."

McCarthy : "You may, Mr. Mayor. It's been Moved by myself, and Seconded by Councillor McHattie that the first report of the Public Works, Infrastructure and Environment Committee be adopted and the Information Section received."

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

See Part #2
Starting with Item #6.2 - "Committee Reports" - 6.2 Planning and Economic Development Committee - Report 05-001

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