March 9/05 Report – Part 1 of 4
7:00 pm (actual start at 7:03 pm)
(adjourned @ 9:49 pm)

Members of Council:

• Mayor Larry DiIANNI (present) in 7:03 pm
• Ward # 1 Brian M cHATTIE (present) in 6:56 pm
• Ward # 2 Bob BRATINA (present) in 6:55 pm, out 8:27 pm; in 8:35 pm
• Ward # 3 Bernie MORELLI (present) in 7:01 pm
• Ward # 4 Sam MERULLA (present) in 6:54 pm, out 8:40 pm; in 8:50 pm
• Ward # 5 Chad COLLINS (present) in 6:49 pm, out 7:42 pm; back in shortly thereafter, time ?
• Ward # 6 Tom JACKSON (present) in 6:45 pm, out 8:27 pm; in 8:28 pm
• Ward # 7 Bill KELLY (present) in 7:07 pm
• Ward # 8 Terry WHITEHEAD (present) in 6:42 pm
• Ward # 9 Phil BRUCKLER (present) in 6:56 pm
• Ward #10 Maria PEARSON (present) in 6:45 pm
• Ward #11 David L. MITCHELL (present) in 6:49 pm
• Ward #12 Murray FERGUSON (present) in 6:59 pm, out 7:58 pm; in 8:00 pm
• Ward #13 Art SAMSON (present) in 6:49 pm
• Ward #14 Dave BRADEN (present) in 7:00 pm
• Ward #15 Margaret McCARTHY (present) in 6:49 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
• Beth Goodger - Director, Waste Management
• Catherine Graham - General Manager, Human Resources
• Dennis Guy - Project Manager of Community Outreach, Waste Management Division
• Mario Joanette - Assistant to the Mayor
• Pat Parker - Manager, Solid Waste Planning, Waste Management Division
• Glen Peace - City Manager
• Joe-Anne Priel - General Manager, Public Health and Community Services
• Tom Redmond - Director, Building and Licensing
• Scott Stewart - General Manager, Public Works

Members of the Media present :

• Cable 14
• CH
• Doug Cameron - K-Lite FM
• Andrew Dreschel - Hamilton Spectator
• Ken Mann - CHML
• Eric McGuinness - 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. Please be seated. I'd like to welcome Pastor Don Berry-Graham of James Street Baptist Church (http://jamesstreet.ca/postnuke/index.php) in Hamilton, to our meeting here, this evening. Pastor Berry-Graham loves the City of Hamilton and is involved in a number of volunteer organizations. Don is committed to a strong downtown core. He was part of founding the Hamilton 'Out of the Cold' program. James Street Baptist Church hosts the 'Out of the Cold' program twice a week - Monday and Tuesday."

"Don loves to bike. He uses the trails almost every day during the good weather. And, is active in supporting the leadership of the City in his private prayer life and in the public prayer life of the Church, he leads. Don was telling me earlier that although he grew up and was raised in Windsor, he is a true Hamiltonian who will stay here until he retires and beyond."

"Welcome Pastor Berry-Graham. And, would you please lead us in prayer."

Pastor Don Berry-Graham : "Thank you Mayor and thank you, Council, for inviting me. James Street Baptist Church is decaying. Every time we fix something, something else breaks. Does that sound familiar?" (hear giggles from Council and gallery) "We deal with drugs, sex trade, the homeless, gambling addicts. We deal with broken families. We deal with people who think that their project is the most important project in the world. And, they get mad at us when we don't have the money to do it right away. Does that sound familiar?" (hear giggles from Council and gallery)

"We are your partners. And we understand that each one of you on Council want to do the very best you can for those you serve. We've come to the conclusion that we're not wise enough, nor patient enough - especially me - " (hear giggles from Council and gallery) "to handle all the tensions and the demands upon us. So, we have learned to humble ourselves, ask God for wisdom and trust Him for the outcomes - which I admit is far easier said than done."

"As one struggler on the journey to others, lets pray together: Lord we come to You realizing that the problems that face this city are bigger than anyone in this room. Individually there is not enough wisdom or energy to deal with it all. So, we ask that You will give clarity and unity to this Council."

"May each ego be checked at the door. May each person think in terms of the whole rather than the parts. Give to each member patience, long suffering, humility, compassion, kindness and gentleness towards each other and the City that they serve."

"And Lord, from the Mayor on down, we pray that You would give them servant hearts and servant minds. May each person who is here in the gallery begin to humble themselves by putting the needs of others first. Teach us to think before we speak and to speak only in love and kindness."

"Lord Bless this meeting, today, with wisdom and results, for we ask these things in Jesus Christ's Name. Amen."

Mayor DiIanni : "Thank you very much, Pastor."

1. Approval of Agenda
(Collins / Kelly - 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 some added Communications for tonight's agenda:

"Communication Item 5.7 from AMO (Association of Municipalities of Ontario - http://www.amo.on.ca//AM/Template.cfm?Section=Home) is a Communication Alert respecting Newspaper Stewards Special In-Kind Blue Box Contribution (http://staging.amo.on.ca/AM/Template.cfm?Section=
What_s_New9& TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=2750) currently has a recommendation which reads 'for the consideration of Council.' The following resolution, prepared by staff, is being proposed for your consideration this evening:"

"'That the City of Hamilton supports the request that the Minister of the Environment amend the approval of the Blue Box Program Plan and the 2005 Steward's Fees to eliminate the inclusion of in-kind newspaper advertising from the Canadian Newspaper Association http://www.cna-acj.ca/) and the Ontario Community Newspaper Association (http://www.ocna.org/), and require CAN/OCNA to provide their payment in cash like all other obligated stewards, to offset the program costs of municipalities based on their individual and differing needs.'"

"In addition, we have added communication Item 5.8 :

"Correspondence from Carl Fraser, Dundas Valley Sunrise Rotary Club (http://dundasvalleysunrise.rotary7090.org/index.php) respecting fundraising efforts for an outdoor skating pad in the cove area of Dundas Driving Park. Recommendation is that this item: Be received and referred to the General Manager of Public Health and Community Services for a report to the Community Services Committee."

" Item 5.9 :

"is Correspondence from the Premier of Ontario, the Honourable Dalton McGuinty, in appreciation to City Council and the citizens of Hamilton for their invaluable support of the relief effort for the catastrophe in South Asia. And the Recommendation is that this item: Be received."

" Item 5.10 :

"is Correspondence from the Honourable Leona Dombrowsky, Minister of the Environment respecting steps to reduce product packaging that cannot be reused or recycled. The Recommendation that this item: Be received."

" Item 5.11 "

"is Correspondence from Judy Marsales, MPP for Hamilton West respecting the City's efforts in advocating for Social Service Pooling. The Recommendation that this item: Be received."

"We have, under Item 2 of Ceremonial Activities , Item 3.1:

"a presentation by Hamilton Utilities Corporation will be addressed at a future Committee of the Whole meeting. So this will deleted from the agenda."

" Under" (Item 6.2) "the Planning and Economic Development Committee Report 05-006 , Items 12 to 16 will be deleted from the Action Section of the Report and moved to the Information Section to be renumbered as follows:

"Item 12 is added to Information Item (m) page 15

"Item 13 is added to information Item (n) page 15

"Item 14 to 16 be renumbered (t), (u) and (v) respectively."

"Under the By-Law Listing , we will amend the By-Laws accordingly and renumber them."

"We have an added Motion (7.1) by Councillor Jackson regarding the banning of Pit Bulls."

"And, as well, we have an In Camera item respecting litigation that we'll need to move In Camera for."

Mayor DiIanni : "Is that all?"

Kevin Christenson - City Clerk : "That's all." (hear giggles from Council and gallery)

Mayor DiIanni : "Thank you. Members of Council, may I have a verbal Motion to approve the Agenda as amended. Collins; Kelly. All in favour?" (hear Councillors say carried) "That's carried."

2. Declaration of Interest

Mayor DiIanni : "Members of Council are there any declarations of interest?" (hear what sounded like a glass clink, but was, I believe, just the Councillor pouring a glass of water) "Councillor Samson? No. Okay, seeing none, then - "

3. Ceremonial Activities

Mayor DiIanni : " - before I ask Beth Goodger to introduce our special guest, I just want to welcome, I understand we have a number" (about 50 and a few professors) "of students from Mohawk College. () Am I right about that. How many of you are from Mohawk College?" (see hands in gallery go up) "There we go. Welcome." (Councillors begin with applause, with others in gallery to follow) "Indeed." (more applause) "Welcome to our meeting this evening."

3.1 was to be Presentation by Hamilton Utilities Corporation (cancelled) Replaced by "Blue Box Man - 'Out of the bag, into the box'"

Mayor DiIanni : "Now, Beth Goodger, please. Would you introduce our special guest."

Beth Goodger - Director, Waste Management : "Thank you, Mr. Mayor. Tonight we're doing something a little different. Something we feel necessary to keep you in the loop on an important new initiative that the Waste Management Division has created to help Hamilton reach 65% diversion by 2008."

"Before I introduce our special guest for tonight, I just wanted to give you some background on what we're doing. As you know, Recommendation #10 of the Solid Waste Management Master Plan
(http://www.hamilton.ca/public-works/Waste-Management/
SWMMP/pdf/recommendations.pdf) states that: ' The City of Hamilton must implement, sustain and support a comprehensive public education, awareness and marketing program in all areas of the city outlining the benefits and encouraging participation in waste reduction, re-use, and recycling programs. '"

"Following on that recommendation, staff has conducted comprehensive research in order to determine how to effectively communicate with residents about our Waste Management programs."

"You may have read in a recent operations update that we'll be focusing on maximizing the Blue Box Program
(http://www.hamilton.ca/public-works/Waste-Management/
Blue-Box-Recycling/default.asp) before we roll out Green Carts
(http://www.hamilton.ca/public-works/Waste-Management/
Green-Cart/default.asp) in 2006."

"With public opinion surveys and research, it has shown us that Hamiltonians want to receive information about City Business via local television and newspapers, as well as through direct mail. Each year, we public the Waste Collection Calendar (http://www.hamilton.ca/public-works/Waste-Management/
Garbage-Collection/calendar.asp) and mail it directly to residents. And, many of you probably have received this year's new and improved version in the mail either yesterday or today. You may have also started to see some of our newspaper advertising that has appeared in the Hamilton Spectator (http://www.hamiltonspectator.com/) and the Brabant Community Newspapers (http://www.brabantnewspapers.com/advertising/) over the past few weeks. And, we've also created a character called, 'Blue Box Man' to add an element of humour to our programs." (hear a few snickers from Council and gallery)

"Blue Box Man has made his debut on the Calendar - on the back of the calendar. And our recycling super-hero is making a debut in a series of 4 television commercials. And, we'd like to share one of those with you tonight. If we can ask our AV [audio visual] assistants here to get the screen ready and we'll show you one of these commercials."

(Blue Box Man commercial is presented)

"Now we have for you, this evening, our Blue Box Man live and in person" (hear giggles from Council and gallery) "He's a little shy."

(hear music from commercial start up and 'Blue Box Man' appears in Council Chamber, with blue box on his hip and strong arm pose. He then proceeds to go around picking up several items on Councillors' and Mayor's desks to put in his Blue Box and at the end uses the slogan: 'out of the bag, into the box' and then once again poses for Council and gallery then is off in a flash. Hear applause from Council and Gallery as music fades.)

Beth Goodger - Director, Waste Management : "As you can see, our approach makes use of humour, high energy and specifically targeted Blue Box materials. Our waste composition data shows that exactly what we need to focus on to get to 65% diversion by 2008. What you will see over the next year will be completely focused, well-thought-out and award-winning creative."

"We've been out and about around the organization over the past few weeks talking to and training our front-line staff, as well, with the material that we've shown you here, tonight. We're committed to investing in our own employees, as much as we are to the newspaper and television advertising."

"If you have any questions about the program as we go along, please don't hesitate to contact myself or Pat Parker, the Manager of Solid Waste Planning, who's here tonight; or, Dennis Guy, Project Manager of Community Outreach."

"So, thank you very much and remember: 'out of the bag, into the box.'" (hear applause from Council and gallery)

Mayor DiIanni : "Thank you very much, Beth. And ladies and gentlemen at home and in the audience please send those letters and phone calls to Beth Goodger." (hear giggles from Council and gallery) "I think people'll - that's one of 4 commercials and they're on your desktop if you're interested in seeing the other 3. They will be noticed. And hopefully, the message will be remembered, as well, that we're trying to convey. Thank you very much."

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

4.1 February 23, 2005
(Morelli / Whitehead - CARRIED)
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Feb23/Minutes.pdf )

Mayor DiIanni : "Members of Council, may I now have a Motion to approve the Minutes of the City Council Meeting held on February 23, 2005. Moved by Morelli; Seconded by Whitehead. All in favour?" (hear councillors say carried) "That's carried."

4.2 February 28, 2005 (special)
(Mitchell / Pearson - CARRIED)
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Feb28s/Minutes.pdf)

Mayor DiIanni : "Members of Council, I need a Motion, now, to approve the Minutes of City Council meeting held February 28, 2005. Mitchell; Pearson. All in favour?" (hear councillors say carried) "That's carried."

5. Communications
(Samson / Whitehead - CARRIED as AMENDED)

Mayor DiIanni : "Communications. Councillor Samson, may I have a Motion on Communications, please." (hear a glass clink)

Samson : "Your Worship - "

Whitehead : "Just on Communications, Item 5.5 - "

Mayor DiIanni : "Well, let's get the Motion on first - "

Whitehead : "Okay."

Mayor DiIanni : " - and then I'll recognize you. Go" (hear a glass clink) "ahead, Councillor."

Samson : "Okay. Moved by myself; Seconded by Councillor Terry Whitehead that the Council Communications 5.1 to 5.11, as amended, be approved as follows ." (Councillor Samson reads Correspondence Items 5.1 through and including 5.6 as they are listed below from the Clerk's office) "and 5.7, 5.8, 5.9, 5.10 and 5.11 with the recommendations have been read to us." (see changes to agenda above read out by Kevin Christenson - City Clerk.)

5.1 Correspondence from John Mokrycke, Chairman, Downtown Hamilton Business Improvement Area in support of enhancement to the work of Economic Development Department for a dedicated Business Development Officer for the downtown.
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Mar09/Item%205.1.pdf)
Recommendation: Be received

5.2 Correspondence from John Mokrycke, Chairman, Downtown Hamilton Business Improvement Area respecting Proposed Outdoor Boulevard Café at 22 King Street East.
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Mar09/Item%205.2.pdf)
Recommendation: Be received and referred to staff for a report to the Public Works, Infrastructure and Environment Committee.

5.3 Correspondence from The Honourable Harinder S. Takhar, Minister of Transportation respecting City Council's proposal to dedicate the new Highway 6 "Veterans Memorial Highway".
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Mar09/Item%205.3.pdf)
Recommendation: Be received.

5.4 Resolution from County of Oxford requesting the Association of Ontario Municipalities co-ordinate respective interested Ontario Municipalities in twinning projects
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Mar09/Item%205.4.pdf)
Recommendation: Be received and referred to the Tsunami Relief Task Force

5.5 Resolution from City of Greater Sudbury respecting increase of Municipal Share of Slot Revenues
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Mar09/Item%205.5.pdf)
Recommendation: That the resolution from the City of Greater Sudbury respecting increase of Municipal Share of Slot Revenues be endorsed.

5.6 Resolution from Township of St. Clair respecting farm viability/farm safety net programs by the Provincial and Federal Governments
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Mar09/Item%205.6.pdf)
Recommendation: That the resolution from the Township of St. Clair respecting farm viability/farm safety net programs by the Provincial and Federal Governments be endorsed and referred to the Agricultural and Rural Affairs Committee for information.

Mayor DiIanni : "Thank you. Now, I do have a couple of speakers. 3 in fact. Councillor Whitehead, you were first."

Whitehead : "Ya, Mr. Mayor. Just on 5.5, I think it's noteworthy in respect to the Sudbury resolution. What it talks about is the fact that dollars are short, have been taken away from Trillium (the Ontario Trillium Foundation - http://www.trilliumfoundation.org/OTF-English/new/index.htm) - or they're certainly not the funds that they used to have - and so the opportunity for local agencies is becoming tougher and more challenging, much more competitive."

"And what they're asking the Province of Ontario to do is, in fact, increase the revenue sources from revenue slots in various communities by 3% and have those dollars go directly to the City, because the City would best know how to use them and certainly, we know the challenges that our grants are having to keep up with the over, the huge requests we're receiving for dollars in the grants program."

"So, I think it's noteworthy. We are endorsing this. Or at least, that's the recommendation. And, I thought I'd bring notice to it because it is Budget time. And, it has been identified that that is a significant challenge for this community."

Mayor DiIanni : "Thank you. Good points. And, while you're at that and you're the Chairman of the Planning and Economic Development Committee, I had the pleasure of meeting with the Ontario Representatives of the Gaming Commission (Alcohol and Gaming Commission of Ontario - http://www.agco.on.ca/en/c.gaming/c2.1.types.html), as well as Trillium to show the impact, the economic impact of the Slots to our city. And I'd recommend that you invite them. I'll give you their brochure. But, you invite them. I think it'd be information that all of Council would be interested in hearing. And also, what can be done to increase revenues as well, apart from this."

"Thank you. Councillor Ferguson."

Ferguson : "Thank you, Mr. Mayor. With reference to 5.6, this is almost a mirror image of what we, what this Council passed on the 9 th of February." (see Motion '7.3 Replacement Program for Market Revenue Insurance / Ontario Grains and Oilseed Groups ' City Council Meeting Feb. 9 th - http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Feb09/Minutes.pdf ).

"So, if the Mover's consent, I just Move it Be Received."

Mayor DiIanni : "Mover? Fair enough, I see a consent -"

Samson : "Certainly."

Mayor DiIanni : " - there. Okay. So, we'll change to Receiving that, because we've essentially done it, you're saying."

"No other speakers then." (hear a glass clink) "May I have - sorry. Councillor Bratina."

Bratina : "Mr. Mayor, on items 5.4 and 5.9. This has to do with the Tsunami Relief and Oxford County adopted a resolution that we here in Hamilton have been working on ever since the first Council meeting following the Tsunami disaster. And also, 5.9 is a letter to you from Dalton McGuinty reflecting this."

"I mention this, Mr. Mayor, because I've had some enquiries from media and others as to what's happening with the Tsunami relief task force. And my answer is that we're waiting to see how we can play a role. And there may be some impatience to say, 'well, you know, a month's gone by. What have you done.' And we're still in the - and I think both of these letters reflect the fact that the ongoing and long term nature of this relief effort. And we're, of course, pleased to be a part of that. Thanks, Mr. Mayor."

Mayor DiIanni : 'In fact, we've always said that we're in it for the long haul to see how we might be able to help. We've had several meetings already. We have one, I think, next week, if I'm not mistaken. And, most municipalities are seeing how they might fit in, as well."

"Thank you. No other speakers on the Communications, then. Councillor Samson, may we have a Motion - sorry you have a Motion on Communications, as amended. It's been seconded. All in favour?" (hear councillors say carried) "That's carried."

MOVE INTO Committee of the Whole to consider Committee Reports
(Samson / Whitehead - CARRIED)

Mayor DiIanni : "Councillor Samson, a Motion to move into Committee of the Whole."

Samson : "Sure, Your Worship. Moved by myself; Seconded by Councillor Terry Whitehead that the Council move into Committee of the Whole for Consideration of the Committee Reports."

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

6. Committee Reports

6.1 Public Works, Infrastructure and Environment Committee, Report 05-004, February 28, 2005
(Mitchell / Morelli - CARRIED)
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Public-Works/2005/Feb28/Rep05-004.pdf)

Mayor DiIanni : "The first Committee Report is Public Works, Infrastructure and Environment presenting its 4 th Report and recommending Item #1" (hear councillors say carried, and hear a glass clink) "# 1?"

COMMENT ON - " 1. Appointment to the Facility Naming Sub-Committee (Added Item 5.1)

That Councillor David Mitchell be appointed to the Facility Naming Sub-Committee."

Mitchell : "Mr. Mayor - "

Mayor DiIanni : "1?"

Mitchell : "Just on Item #1, ya. As Chairman of the Committee, I think the Committee felt that they wanted to appoint me there. And, I don't have a problem with that. But, if there was a fellow Councillor colleague that wishes to serve on that Facilities Naming Committee, and wants to volunteer, that wouldn't bother me that they could fill my position on it." (hear councillors saying off microphone in jest - 'nice try.') "That's kind of what I thought." (hear giggles from Members of Council.)

Mayor DiIanni : "Well, I'm glad you're serving with such enthusiasm." (hear more giggles from Council) "Actually, it is an important committee. But thank you for offering."

"#1, then. All in favour of #1?" (hear councillors say carried) "#2" (hear councillors say carried) "#3 . 9." (hear councillors say carried) "Councillor Mitchell, a Motion on the Report, please."

Mitchell : "Yes, Mr. Mayor. It's Moved by myself; Seconded by Councillor Morelli that the 4 th Report of the Public Works, Infrastructure and Environment Committee be adopted and the Information Section received."

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

See Part #2
Starting with Item #6.2 - "Committee Reports" - Planning and Economic and Development Committee - Report 05-006, March 1, 2005