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February 23/05 Report – Part 1 of 4
7:00 pm (actual start at 7:05 pm)
(adjourned @ 8:43 pm)
Members of Council :
- Mayor Larry DiIANNI (present) in 7:05 pm
- Ward # 1 Brian M cHATTIE (present) in 6:58 pm
- Ward # 2 Bob BRATINA (present) in 6:54 pm
- Ward # 3 Bernie MORELLI (present) in 7:02 pm
- Ward # 4 Sam MERULLA (present) in 6:58 pm
- Ward # 5 Chad COLLINS (present) in 6:59 pm
- Ward # 6 Tom JACKSON (present) in 6:45 pm
- Ward # 7 Bill KELLY (absent - recovering from surgery)
- Ward # 8 Terry WHITEHEAD (present) in 6:57 pm
- Ward # 9 Phil BRUCKLER (absent - vacation)
- Ward #10 Maria PEARSON (present) in 6:47 pm
- Ward #11 David L. MITCHELL (present) in 7:10 pm
- Ward #12 Murray FERGUSON (present) in 6:50 pm
- Ward #13 Art SAMSON (present) in 6:40 pm
- Ward #14 Dave BRADEN (absent - vacation)
- Ward #15 Margaret McCARTHY (present) in 6:50 pm
Members of Staff
- David Adames - Executive Director - Tourism Hamilton
- Peter Barkwell - City Solicitor
- Kevin Christenson - City Clerk
- 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
- Mario Joanette - Assistant to the Mayor
- Chief Jim Kay - General Manager, Emergency Services / Fire Chief
- Tim McCabe - Director of Development, Planning and Development
- Glen Peace - City Manager
- Joe-Anne Priel - General Manager, Public Health and Community Services
- Alexandra Rawlings - Co-ordinator, Planning & Economic Development Committee, City Clerk's Office
- Joe Rinaldo - General Manager, Finance and Corporate Services
Members of the Media present :
- Cable 14
- Doug Cameron - K-Lite FM
- Andrew Dreschel - Hamilton Spectator
- Ken Mann - CHML
- Carol Phillips - Hamilton Spectator
- Kevin Werner - Brabant
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
Prayer
Mayor DiIanni : "Thank you very much. Please be seated. Ladies and gentlemen, I'd like to welcome Reverend Steve Lindsay to this evening's Council Meeting. Reverend Lindsay is from Cheyne Presbyterian Church in Stoney Creek. And, he has been Pastor in that Church for the past seven and a half years. Reverend Lindsay is married with 2 children and we welcome Reverend Lindsay to our Council meeting and ask him to lead us in prayer."
Reverend Steve Lindsay : "I'm honoured to be invited here, tonight. And, let us come before God and pray."
"Lord God, we come here with great humility and gratitude. We come here in honour of You. You are the God of justice; the God of fairness; and the God of love. And upon You, we are totally dependent. We thank You for the gift of life."
"And, all the elected officials here thank You for the great privilege of governing the people of this city. We realize it is a great responsibility. And we pray You would help each one to be faithful to that responsibility this evening."
"We pray, Lord, You would grant wisdom, in all of the decisions that have to be made. And that You would help these men and women to understand the implications of the decisions - to have the foresight to see what the out-comes can potentially be."
"We pray, Lord, You'd give them insight into the needs of the people that they represent. And that every decision would be made in the welfare of the people they represent and would be right before You."
"We pray for listening to one another, to understand the truth in a greater sense."
"And we pray for Your Will to be done. And we ask that in Your Name, Amen."
Mayor DiIanni : "Thank you, Reverend."
1. Approval of Agenda
(Collins / Bratina - 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:
- and added Motion by Councillor McHattie, respecting Shareholder declaration in respect to, of Horizon Utilities Corporation, which we added as Item 7.3
- As well, we have another added Motion by Councillor McHattie respecting passage of an Interim Control By-law on the former Camco property and Adjacent Industrial Land [PD05074], which we added as Item 7.4"
Mayor DiIanni : "Thank you. Members of Council, may I have a verbal Motion to Approve the Agenda as amended. Moved by Councillor Collins; Seconded by Councillor Bratina. All in favour?" (hear councillors say carried) "That's carried."
2. Declaration of Interest
Mayor DiIanni : "Are there any Declarations of Interest? Seeing none, we'll move on to our Ceremonial Activities."
3. Ceremonial Activities
3.1 Presentation - 2004 Heritage Community Recognition Program Awards
Mayor DiIanni : "Members of Council, ladies and gentlemen, for our presentation this evening, I would like to call upon Diane Dent, Chair of the Hamilton LACAC Municipal Heritage Committee, January Will, Rob Hamilton and Donna Reid to join me at the podium, please."
"I am pleased this evening, Members of Council, to announce on behalf of the Honourable Lincoln Alexander, Chairman of the Ontario Heritage Foundation, (http://www.heritagefdn.on.ca/) that the late Reverend Dr. Thomas Melville Bailey - who many of you will know as having been so important to the heritage of this community, Rob Hamilton and Donna Reid are the recipients of the Ontario Heritage Foundation Lifetime Achievement Award ."
"As you know, Hamilton is known for its volunteerism and volunteers are one of our greatest resources. And, we're proud to take this opportunity to congratulate them and to express appreciation for their role in preserving community heritage. Would you please recognize these fine folks, here, this evening." (hear applause from Council and gallery)
"And, I'd like to ask Diane, the Chairman of LACAC to say a few words and then to join me in making some presentations of the award. Diane."
Diane Dent : (speaking to Mayor before continuing to podium microphone, off microphone says, "Thank you very much, Mr. Mayor." Then continues on microphone at podium) "Members of Council, it's an honour for me to be here. And thank your for inviting us to attend this Council meeting."
"As you know, the Ontario Heritage Foundation is making great strides in making everyone aware of the importance of the architecture of every city and its history. And tonight, what we're doing - and we have been doing since 1996 - with the help of the Ontario Heritage Foundation is paying honour to members of communities who either preserve or promote our architectural heritage and our history."
"And as you know, every city certainly has its champions. But for many, many years, the Reverend Melville Bailey, who's represented tonight by his daughter, January Will, he has not only preserved and promoted heritage, but he also wrote several books. And, I hope you've all seen some of them and read them."
"The other 2 recipients, Rob Hamilton and Donna Reid have, for many years, also promoted either preservation or they have worked on a promotion of our heritage."
"We hope you will come to Doors Open , which is also sponsored by the Ontario Heritage Foundation. And thank you for being a Council who's helping us with your vision and your support to work with us to preserve our architectural heritage and our history."
"Thank you very much. And again, welcome and thank you to our recipients." (hear applause from Council and gallery)
Mayor DiIanni : "And, in honour of the recognition, I have some Certificates of Appreciation and Congratulations for each of the recipients. And, of course, posthumously and to January for your Dad, as well. Congratulations." (hear applause from Council and gallery during the presentation of certificates, some pictures were taken of group, by friends/family)
"Thank you, very much. And thank you, photographers, as well."
"We had the pleasure, and some of you were here on Saturday to actually launch our Heritage Month celebrations at City Hall and we had this place absolutely filled with individuals who contribute to Heritage and the recipients were here, as well. And, we had wonderful displays of each of the endeavours that are enriching our community. And, we had about 34 recipients, as well, from all parts of the community - the New City of Hamilton - receiving some heritage recognition, as well. So, it was just a wonderful event."
"And, of course, if you, I'm sure you've noticed in the past few days, we have an arts display just outside of the Council Chambers commemorating Black History Month. And, one of the things that we wanted to do is to bring in local artists and display their talents as much as possible here at our municipal centre, as well. And we have some wonderful displays that were organized and there's a reception in honour of the artists and Black History Month that you have been - or if you haven't been, you will be - invited to in the next few days, as well."
"So, it's all part of recognizing who we are as a community."
4. Minutes of the meeting of City Council held on:
(Morelli / McCarthy - CARRIED)
4.1 February 9, 2005
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Feb09/Minutes.pdf)
Mayor DiIanni : "Members of Council, may I now have a verbal Motion to approve the Minutes of the City Council Meeting held on February 9 th , 2005. Councillor Morelli; Seconded by Councillor McCarthy. All in favour?" (hear councillors say carried) "That's carried. Thank you."
5. Communications
(Pearson / Samson - CARRIED as amended)
Mayor DiIanni : "Councillor, on Communications, before" (hear a glass clink) "I ask Councillor Pearson for a Motion on these, Councillor Jackson, I understand you have an amendment to Communication Item, 5.1."
5.1 Resolution from the Municipality of Kincardine respecting equitable and sustainable funding for Conservation Authorities
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Feb23/Item%205.1.pdf)
Recommendation: Be received
AMENDMENT TO 5.1
(Jackson / Ferguson)
Jackson : "Thank you, Mr. Mayor. Moved by myself and Seconded by Ward 12 Councillor Murray Ferguson, that Council Communication Item 5.1 be amended as follows:
'that the resolution for the Municipality of Kincardine (http://www.kincardine.net/) respecting equitable sustainable funding for Conservation Authorities be received and referred to our own Hamilton Conservation Authority for review and response back to the Corporate Administration Committee.'"
Mayor DiIanni : "Thank you. And now, Councillor Pearson, may I have your Motion."
Pearson : "Yes. Thank you, Mr. Mayor. It's been Moved by myself; Seconded by Councillor Art Samson that the Council Communications, as amended, be approved as follows:
"Item 5.1, 'Resolution from the Municipality of Kincardine respecting equitable and sustainable funding for Conservation Authorities. Recommendation: Be received and referred to the Hamilton Conservation Authority for review and response back to the Corporate Administration Committee.'"
"Item 5.2 is 'Correspondence from Heather Babcock, Clerk, the Corporation of the Town of Midland ( http://www.town.midland.on.ca/ ) respecting Veterans Licence Plate Program. Recommendation: Be received and referred to the General Manager of Planning for a report to the Planning and Economic Development Committee.'"
5.2 Correspondence from Heather Babcock, Clerk, The Corporation of the Town of Midland respecting Veterans Licence Plate Program
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Feb23/Item%205.2.pdf)
Recommendation: Be received and referred to the General Manager of Planning for a report to the Planning and Economic Development Committee
Mayor DiIanni : "Thank you. Then, ladies and gentlemen, as amended - all in favour?" (hear councillors say carried) "That's Carried."
6. Committee Reports
Motion to Move into Committee of the Whole (COW)
(Pearson / Samson - CARRIED)
Mayor DiIanni : "Councillor Pearson, may I have a Motion, now, to move into Committee of the Whole, so that we can consider the Committee Reports, please."
Pearson : "Thank you. Yes, Mr. Mayor. We have a Motion, Moved by myself; Seconded by Councillor Art Samson that Council move into Committee of the Whole for consideration of the Committee reports."
Mayor DiIanni : "All in favour?" (hear Councillors say carried) "Thank you. And, as we do that, I will note that there are a couple of Councillors away today - including Councillor Kelly who, of course, is in hospital recuperating from an operation. And, I know he's watching and probably will vote along with us."
"Mr. Clerk, I don't think we can count the vote, can we? But, I'm sure he's doing that as we watch, as he watches."
6.1 Public Works, Infrastructure and Environment Committee, Report 05-003, February 14, 2005
(? / ? - CARRIED)
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Public-Works/2005/Feb14/Rep05-003.pdf)
Mayor DiIanni : "First report, then, is Public Works, Infrastructure and Environment Committee which presents it's 3 rd report and recommends item #1" (hear councillors say carried) "2 . 6" (hear councillors say carried) "Councillor Mitchell, may I have a Motion on the Report, please."
Mitchell : (Councillor Mitchell's microphone wasn't on and I didn't hear all that was said. But, it sounded like he was using another council's name as the Mover for a particular reason. But, please see City website for details of this. Sorry about that)
Mayor DiIanni : "Thank you. And your microphone wasn't on, but I heard that." (hear Councillor Mitchell say something off microphone, but didn't pick it up) "All right. All in favour?" (hear councillors say carried) "Great."
6.2 Planning and Economic Development Committee, Report 05-005, February 15, 2005
(Whitehead / Pearson - CARRIED)
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/Feb15/REPORT%2005-005.pdf)
Mayor DiIanni : "The next is the Planning and Economic Development Committee which presents its 5 th Report and recommends item #1" (hear councillors say carried) "#2 . #6" (hear councillors say carried and hear a glass clink) "#6, Councillor - #7, go ahead, Councillor."
REQUEST TO AMEND - " 7. Applications for a Draft Plan of Subdivision Approval and a Change in Zoning for Lands Located Within Part of Lot 51, Concession 3 (Ancaster) (PD05042) (Ward 12) (Item 6.2) "
(Appendix 'D' - page 4 of 5, #26) " Open Space Development and Park Planning - Public Works Department
26. That the owner agrees to participate in conjunction with the City, in the development and implementation, to be cost shared with the City, and to the satisfaction of the City, of a multi-use pathway trail system as prepared by a full member, in good standing, of the Ontario Association of Landscape Architects (OALA). The trail system will be developed both off and on roads along the proposed residential streets with linkages through the Ontario Hydro One corridor, stormwater management ponds, schools and park blocks."
(Ferguson / Jackson - CARRIED)
Ferguson : "Mr. Chairman, Mr. Mayor, this'll take a while. It's just an amendment to the appendix. Anyway, of Item 7, Application for part, or Draft Plan of Subdivision Approval and a Change in Zoning for Lands Located within Part one of Lot 51, Concession 3 (Ancaster) be amended as follows, it's Appendix 'D' page 4 of 5. And, I will read it:
'That the owner agrees to participate in conjunction with the City, in the development and implementation, to be cost shared with the City, and to the satisfaction of the City, of a multi-use pathway trail system as prepared by a full member, in good standing, of the Ontario Association of Landscape Architects (OALA - http://www.oala.on.ca/MyMain.asp).The trail system will be developed both off and on roads along the proposed residential streets with linkages through the Ontario Hydro One corridor -' And here's what I'd like to insert - ' where possible ' - that would be the amendment - 'stormwater management ponds, schools and park blocks.'"
Mayor DiIanni : "Okay, just to make sure that we have that then, point us to exactly - "
Ferguson : "You don't have a printed copy of the appendix. It's Appendix 'D' of the Plan of - Draft Plan of Subdivision."
Mayor DiIanni : "All right, and Madam Clerk, did you, do you have a sense of what the Councillor is asking for? Okay. And Councillor, staff is aware of - "
Ferguson : "Kevin's aware of it and Tim's aware of it."
Mayor DiIanni : "Okay. Excellent. Do you have a Seconder, then, for your recommendation?" (hear a glass clink) "Councillor Jackson. Any questions or comments? Councillor McHattie."
McHattie : "I guess I - through you Mr. Mayor, I'm having a difficult time understanding the details of this. I sat through the Planning Committee Report and understand what happened there. But, that's a week or so, ago and I'm trying to recall the details of this development. I wonder if we can have staff maybe just comment on the change, just so we understand it, if you don't mind."
Mayor DiIanni : "Not at all; we'll go to Tim McCabe."
Tim McCabe - Director of Development, Planning and Development : "Ya, through you, Mr. Mayor, the intent of the Meadowvale Secondary Plan is to establish a multi-purpose trail system, both on the roads, off the roads, through the abutting adjacent Hydro corridor. But, we don't want to be in a situation where Hydro One (http://www.hydroonetelecom.com/) causes a problem and won't let the trail system - for what ever reason, or for what ever licensing reason - cross through the Hydro One corridor."
"There is also an issue with an adjacent owner that had a lease on it. So, we don't want to frustrate the entire registration of the sub-division just with a condition that says it has to go through. But, the suggested revision by Councillor Ferguson says, 'where possible.'"
"So, this is a developer working with the City and we're going to be doing everything possible to get it through and make sure we have this multi-purpose trail system throughout. But, if we run into a problem we don't want the whole sub-division held up because of it."
Mayor DiIanni : "Councillor McHattie."
McHattie : "That's fine. Thanks, Mr. Mayor."
Mayor DiIanni : "Okay. Any other questions, comments? On 7, as amended then. All in favor?" (hear councillors say carried) "That's carried."
See Part #2
Starting with next part of Item #6.2 - "Committee Reports" - Planning and Economic and Development Committee - Report 05-005, February 15, 2005, Item #8
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