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March 23/05 Report – Part 1 of 5
7:00 pm (actual start at 7:03 pm)
In Camera @ 8:55 pm; out of In Camera @ 10:20 pm
(adjourned @ 10:28 pm)
Members of Council:
- Mayor Larry DiIANNI (present) in 7:03 pm
- Ward # 1 Brian M cHATTIE (present) in 6:55 pm
- Ward # 2 Bob BRATINA (present) in 6:55 pm, out 8:20 pm; in 8:23 pm
- Ward # 3 Bernie MORELLI (present) in 7:00 pm
- Ward # 4 Sam MERULLA (absent)
- Ward # 5 Chad COLLINS (present) in 7:00 pm, out 8:24 pm; back in 8:25
- Ward # 6 Tom JACKSON (present) in 6:45 pm, out 8:37 pm; in 8:48 (?) pm
- Ward # 7 Bill KELLY (present) in 7:15 pm, out 8:45 pm
- Ward # 8 Terry WHITEHEAD (present) in 6:40 pm, out 8:30 pm; in 8:33 pm, out 8:49 pm; in 8:54 pm
- Ward # 9 Phil BRUCKLER (present) in 6:55 pm
- Ward #10 Maria PEARSON (present) in 6:57 pm
- Ward #11 David L. MITCHELL (present) in 6:48 pm, out 8:49; in 8:50 pm
- Ward #12 Murray FERGUSON (present) in 6:45 pm, out 8:30 pm; in 8:33 pm
- Ward #13 Art SAMSON (present) in 6:46 pm
- Ward #14 Dave BRADEN (present) in 7:04 pm
- Ward #15 Margaret McCARTHY (present) in 7:08 pm, out 8:23 pm; in 8:27 pm - out part-way during in camera session, not back in when came out of in camera
Members of Staff
- Peter Barkwell - City Solicitor
- Kevin Christenson - City Clerk
- Neil Everson - Executive Director, Economic Development
- Mary Gallagher - (Co-ordinator) Council, Committee of the Whole and Budgets, City Clerk's Office
- Salter Hayden - Deputy Clerk, Manager - Licensing and Election Services
- Don Hull - Director of Transit
- Mario Joanette - Assistant to the Mayor
- Jim Kay - General Manager, Emergency Services / Fire Chief
- Ron Marini - Director of Downtown Renewal, Planning and Development
- Chris Murray - Acting Director - Red Hill Valley Project
- 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
- Ken Mann - CHML
COUNCIL AGENDA
Call To Order
Mayor DiIanni : "Good evening Members of Council, ladies and gentlemen. I'd like to call this meeting of City Council to order and ask that you remain standing for the National Anthem, please."
National Anthem
Prayer
Mayor DiIanni : "Thank you. Please be seating. Ladies and gentlemen, Members of Council, I'd like to welcome Father Constantinos Marinos of the St. Demetrios Greek Orthodox Church right here, downtown Hamilton." (22 Head St (905) 529-9651)
"Father Marinos was born in Samos, Greece, (http://samos.net.gr/cz/) which is on the East Coast, Father, I believe. And, he immigrated to Canada in 1964. He has dutifully been serving the Greek Community at St. Demetrios Greek Orthodox Church from 1983 to the present."
"Welcome Father Marinos, and would you please lead us in prayer."
Father Constantinos Marinos : "May we rise, please" (Members of Council and people in gallery stand) "In the name of the Father, the Son and the Holy Spirit, Amen. Glory to You, oh Lord. Glory to You."
"Oh, Heavenly King, Comforter, the Spirit of Truth . all places, . all things, the Treasure of good things and the Giver of life, come and abide in us. Cleanse us from every stain and save our souls, oh Good One."
"Our Father, Who art in Heaven
Hallowed be Thy Name
Thy Kingdom come
Thy Will be done on earth as it is in Heaven
Give us this day, our daily bread, and
Forgive us our trespasses,
As we forgive those who trespass against us
Lead us not into temptation,
But deliver us from evil.
For Yours is the Kingdom, and
The Power and the Glory
Of the Father, the Son, Holy Spirit
Unto the end of the ages of ages."
"Let us pray to the Lord. Oh, Christ, the True Light, which . and sanctifies every man who comes into the world. Let the light of Your Countenance be shone upon us. That in it, we may be whole, delight, . and guide, save and have Mercy upon our Mayor and all our civil authorities and Council Members of our City."
"Speak Peace and Blessing in their hearts to work right for the benefit and the betterness of the people of our City, in order that we lead a calm and peaceful life in all godliness and dignity. Through the prayers of our Holy Fathers, Lord Jesus Christ, Our God have Mercy on us and Save us. Amen. Thank you."
Mayor DiIanni : (Mayor thanks Father Marinos as he leaves the podium off microphone, then publicly on microphone) "Thank you very much, Father Constantinos."
1. Approval of Agenda
(Changes to the Agenda:
http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Mar23/changes%20to%20the%20agenda.pdf)
(Morelli / Mitchell - CARRIED)
Mayor DiIanni : "Mr. Clerk, are there any changes to the Agenda."
Kevin Christenson - City Clerk : "Yes, there are. Thank you, Mr. Mayor.
"We have an added item of Council Communication, Item 5.4 from Gunter Hinz of Pack n Stor Inc. (http://hamilton.701.com/sites/701/HTML/greaterhamilton/329038.html) respecting Item 12 of the Planning and Economic Development Committee respecting Zoning for Mini Storage Containers, with the Recommendation that the item Be Received."
"We have a REVISED Item 11 to the Planning and Economic Development Committee Report 05-007. The recommendations contained in the report have been deleted and replaced with an all encompassing recommendation which reflects the amendments made by the Committee."
"We have a number of added Motions:"
"7.1 which is a Report of the HECFI (http://www.hecfi.on.ca/) Implementation Sub-Committee (listed on agenda as 'to be distributed')"
"We have Item 7.2, which is a Motion to Reconsider Ex-officio voting status of the Chairperson of Tourism Hamilton (http://www.hamiltonundiscovered.com/) to be introduced by Councillor Ferguson."
"Item 7.3 is a Motion of appointments to HECFI Board of Directors to be introduced by Councillor Ferguson."
"We have Item 7.4, as Report of the Future Fund Board of Governors to be introduced by Councillor Ferguson."
"Item 7.5 is a Motion respecting University Gardens School Property to be introduced by Councillor Samson."
"We have a Motion respecting Private Member's Bill Re: HECFI Facilities (LS05004) to be introduced by Councillor Whitehead."
"And, we also have a Motion respecting Haldimand-Norfolk Sanitary Landfill Site to be introduced by Councillor Mitchell. This" (as well as Councillor Whitehead's Motion above concerning Private Member's Bill re: HECFI facilities) "has not been noted in your 'Changes to the Agenda' which has been distributed to Members of Council. But, a copy has been distributed this evening."
"In addition, we have 2 in camera items: Item 10.1 and Item 10.2 are both respecting Solicitor Client Privilege."
Mayor DiIanni : "Thank you very much, Mr. Clerk. Members of Council, may I now have a verbal Motion to approve the Agenda, as amended? Moved by Morelli; Seconded by Mitchell. All in favour? That's carried."
2. Declaration of Interest
Mayor DiIanni : "Members of Council, are there any Declarations of Interest? Seeing none, Thank you."
3. Ceremonial Activities
3.1 Presentation by Red Cross
Mayor DiIanni : "For our presentation this evening, I'd like to welcome and invite Susan Lennox of the Red Cross (http://www.redcross.ca/article.asp?id=007194&tid=070) to join me at the podium. Ms. Lennox. Susan will now make a presentation to Council and address the work of the Red Cross."
Susan Lennox : "Thank you Mayor DiIanni and to Members of the Council for allowing me the privilege, first of all, of presenting a certificate from the Canadian Red Cross, as a token for our thanks for your generous donation to Tsunami Relief. That is my first - " (hear applause from Council and gallery)
Mayor DiIanni : "Thank you."
Susan Lennox : "Thank you so much." (applause finishes) "I want you to know that your generosity allows the Red Cross to continue both our immediate relief work. Things such as: providing water, shelter, food, medical treatment. And also, to continue our long term commitment to all countries affected by the Tsunami."
"Now, as well as thanking you for supporting the work of the Red Cross in Southeast Asia, I want to just talk very briefly - and I promised Mary Gallagher I would be brief - " (hear giggles from Council) "about the vital programs and the services that Red Cross provides to the citizens of greater Hamilton through our vast network of volunteers."
"Now, I know that you will all remember those two huge fires last year in Hamilton - one in April and then there was another large one which resulted in a loss of life in June. What you may not be aware of - people like Glen Peace are certainly aware of - but you may not know that our Red Cross volunteers were the people that responded on a call from the Fire Department to those victims. And, they provided emergency accommodation, food and clothing. And, we are able to do this for fires and floods and other personal disasters 24 hours a day, 7 days a week because our volunteers are on 24 hour call."
"While the Red Cross is ready to respond to personal disasters, such as the ones I just mentioned, we're also providing services on a daily basis, based on the needs of our community. So, for instance, in Flamborough we provide a Meals on Wheels service - hot meals delivered to house-bound people. We also have a frozen meal program."
"In Hamilton and in Flamborough, we provide transportation mainly to seniors - people that can't take public transportation and need transportation to places like medical appointments and day therapy programs. And thanks to the generosity of the Minister of Health, Long Term Care, that program will be even larger in the coming year and years."
(http://ogov.newswire.ca/ontario/GPOE/
2005/03/04/c1298.html?lmatch=&lang=_e.html)
"We also - any of you who have had a trip to the hospital may be aware - that we provide crutches, wheel-chairs, commodes, walkers, at a very low fee to people who require that require that kind of assistant device in their home."
"I've taken the liberty of providing each of you - you may wonder what that funny little package on your desk is - but, provided each of you with an Ouch Pouch. And, that's just to really provide a reminder to all of you that Red Cross provides First Aid and CPR [Cardiopulmonary Resuscitation] Training to thousands of individuals in this community. And, we think that we do it extremely well. We also provide babysitting training to many youth in this community. And, we've been training - you may not be aware - but, we've been training Canadians in swimming and water safety for almost 60 years. Those monies, the monies - that's our revenue arm in Red Cross - and those monies go to support our other programs. Programs like, personal disaster assistance."
"So to close, Mayor DiIanni and Members of Council thank you very much, once again, for your generosity. In reaching out to those people across the world who - the other side of the world - who need our help. And thank you, too, for allowing the Red Cross to continue to fulfill its international mission. And that mission is service to the most vulnerable. Thank you ladies and gentlemen." (hear applause from Council and gallery)
Mayor DiIanni : "And thank you very much, Susan. And thank you for making us aware of the work you do in our community and the leadership that the Red Cross took with the Tsunami Relief. I think it speaks for itself. And, the generous donations that came to you from ordinary Canadians from our City and across the country speak for itself, as well. And, I know that you were in the leadership, as an organization, along with other worthwhile charitable groups, as well. So, thank you for that."
"And, that you for the Ouch Pouch. I guess for physical or political bruises, maybe we'll need this. All right." (hear some giggles from Council) "Thank you."
4. Minutes of the meeting of City Council held on:
4.1 March 9, 2005
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Mar09/Minutes.pdf)
(Pearson / Whitehead - CARRIED)
Mayor DiIanni : "Now, Members of Council, I'd like a verbal Motion to approve the Minutes of the City Council Meeting held on March 9, 2005. Moved by Pearson; Seconded by Whitehead. All in favour?" (hear councillors say carried) "That's carried."
5. Communications
(Samson / Pearson - CARRIED as amended)
Mayor DiIanni : "Councillor Samson, may I have a Motion on Communications, please."
Samson : "Certainly. Moved by myself; Seconded by Councillor Maria Pearson that the Council Communications 5.1 to 5.4," (hear a glass clink) "as amended be approved as follows:"
"5.1 Correspondence from William Roberts, CAO/Clerk, Town of Hanover respecting Policing Costs. The Recommendation be received."
"5.2 Correspondence from John O'Toole, MPP Durham respecting Bill 137 - An Act to provide for a tax credit for expenses incurred in using public transit. And, the Recommendation: Be received."
"5.3 Correspondence from Dalton McGuinty, Premier of Ontario respecting remarks delivered in the Legislature regarding the $23 billion gap and response to the recent Federal budget. Recommendation: Be received."
"5.4 Correspondence from Gunter Hinz of Pack n Stor Inc respecting Item 12 of the Planning and Economic Development Committee respecting Zoning for Mini Storage Containers. And, the Recommendation is: Be received."
Mayor DiIanni : "Thank you. Are there any comments on the Communications? Councillor Whitehead, I understand you have an issue."
5.1 Correspondence from William Roberts, CAO/Clerk, Town of Hanover respecting Policing Costs
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Mar23/Item%205.1.pdf)
Recommendation: Be received
REQUEST TO MAKE A MOTION - change recommendation of "Be Received" to "Endorse"
(Whitehead / Pearson - Motion changed)
Whitehead : "Yes, Mr. Mayor. I'd like to, first of all, in 5.1. I'd like to lift that and actually Move that we endorse it and notify as per resolution. So, I don't know, if at the appropriate time, or is this the appropriate time, do that."
Mayor DiIanni : "I will recognize it now, if you'd like."
Whitehead : "So, I'd like to Move that. And Seconded by, Councillor Pearson."
Mayor DiIanni : "All right, it's been Moved and Seconded that this, rather than be received, be endorsed. Questions, comments? All in favour?" (hear a couple of councillors say carried, as well as a glass clink) "That's carried - "
Whitehead : " - carried. And, - "
Mayor DiIanni : " - Councillor Ferguson - "
Whitehead : " - I still have the - "
Mayor DiIanni : "Well, there was a question, I think - "
Whitehead : "Oh - "
Mayor DiIanni : "Maybe I took the vote a little too early. On this issue, right Councillor Ferguson?"
Ferguson : "Ya, I'm going to lean on Councillor Morelli, here about Provincial Bargaining with Police. This is recognized as an issue. But, the Police Boards in Ontario are advocating for Provincial Bargaining."
(hear someone say something off microphone)
Mayor DiIanni : "The issue is the Item 5.1 - Correspondence from the Town of Hanover and the resolution they passed, which really talks about a Provincial presence at the Bargaining Table - "
Whitehead : " - Municipal - "
Mayor DiIanni : " - with the police. Yes, a Municipal presence at a Provincial bargaining table."
Morelli : (starts speaking with microphone off but can hear part of what he said from someone else's open microphone, "Mr. Chairman, very quickly, I ." then shortly he turns on his microphone) " . I have no difficulty with it other than the fact that I'm not sure what the repercussions would be to make it part of the Community Reinvestment Fund." (http://www.gov.on.ca/FIN/english/media/2005/bke02-crf.htm - cannot find March announcement, sorry) "In other words, I wouldn't want to see it go there and us lose elsewhere. So, I'm not so sure this document - and I haven't read it in detail, but - it's something that I would stand against. But, that would be the only concern I would add with a quick reading."
"Sure, I would support it. And, we can bring it back if we had reservations. But, I think it looks okay. But, I just want to make sure that one impact, that potential impact would bother me - to see whether it would be applied to a fund that would distract from us getting money elsewhere."
Mayor DiIanni : "Councillor Ferguson." (cannot hear Councillor Ferguson say anything. Not sure if is microphone wasn't on or if he just didn't have anything more to say) (hear a glass clink) "Councillor Kelly did you have a comment on this as well?"
Kelly : "Mr. Chairman, on another piece from the Correspondence. So, I'll defer to Councillor Whitehead if he's still on this subject."
Mayor DiIanni : "No, we're still here - "
Kelly : "Ya."
Mayor DiIanni : "Councillor Jackson on this one?"
REQUEST AMENDMENT TO THE MOTION - rather than "endorse" want to "refer back to Police Services Board for comment"
(Whitehead / Pearson as amended to refer - CARRIED)
Jackson : "Mr. Mayor, may I respectfully request to the Mover, Councillor Whitehead, and, in light of what Councillor Morelli has said, because there's two pieces here. One that AMO" [Association of Municipalities of Ontario, http://www.amo.on.ca//AM/Template.cfm?Section=Home] "would have a place at the table for future bargaining. And I think mostly this has been driven by the Town of Hanover with the OPP." [Ontario Provincial Police, http://www.gov.on.ca/opp/] "But, the second point, I think, Councillor Morelli, makes a good cautionary note about the Community Reinvestment Fund."
"Can I suggest, with respect to the Mover, that this item be referred to the Police Services Board for some comment and then come back to Council, ultimately for a final decision. Could I, Mr. Mayor, respectfully request that, that it be referred to the Police Services Board? Thank you."
Mayor DiIanni : "All right, well - "
Whitehead : " - I have no problem with that - " (also hear Councillor Pearson off microphone that she does not have a problem with that, either)
Mayor DiIanni : "Councillor Whitehead has no problem with that; and neither does the Seconder. And, if that is the wish, then, why don't we do that." (hear someone say something off microphone) "Well, it's been Seconded and Moved. Councillor Braden." (hear a glass clink) "It's a referral. So, try to stay away from debate on the issue."
Braden : "uh, It may not be the right place to send it. And if you would open debate so that there could be a comment made before the referral. And if you - I'm not going to lose any sleep over it - "
Mayor DiIanni : "It's going there for comment, then coming back here."
Braden : "I think politically, it's the wrong place to send it."
Mayor DiIanni : "Okay. Well, that's the referral Motion. We okay with that? All in favour of referring it to the Police Services Board, then? Okay. That's carried. On -"
5.2 Correspondence from John O'Toole, MPP, Durham respecting Bill 137 - An Act to provide for a tax credit for expenses incurred in using public transit
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Mar23/Item%205.2.pdf)
Recommendation: Be received
5.3 Correspondence from the Dalton McGuinty, Premier of Ontario respecting remarks delivered in the Legislature regarding the $23 billion gap and response to the recent Federal budget
(http://www.hamilton.ca/Clerk/a g endas-minutes-reports/
council/2005/Mar23/Item%205.3.pdf)
Recommendation: Be received
Whitehead : "On 5.3."
Mayor DiIanni : "Yes."
Whitehead : "We received the correspondence of Hansard in respect to the Premier's position closing the $23 billion gap with the Federal Government. And, I want to ask my colleagues to draw their attention to the last page. The second-last paragraph. And, I'm going to read it:"
"'The people of this province deserve to have the federal government acknowledge the existence of this $23-billion gap and the federal government's commitment to work with us to address it. We are not asking for special treatment; we are asking for fairness. We are asking that we keep enough of our wealth to invest in Ontarians so we can continue to play a leadership role in Canada.'
'We have just begun to press our case. In doing so, in pressing that case we will be resolute and relentless, because Ontarians and Canadians deserve nothing less.'"
I just want to add my piece to it. And that is, the people of Hamilton deserve to have the Provincial Government acknowledge the existence of a $19.5 million gap for providing social services in the City of Hamilton and the Provincial Government's commitment to work with us to address it. We're 'not asking for special treatment;' we're 'asking for fairness.' We have been pressing our case for a number of years, now. '[W]e will be resolute and relentless, because' the citizens of Hamilton 'deserve nothing less.'" (hear some giggles from Council) Thank you, Mr. Mayor."
Mayor DiIanni : "Very good. Councillor Kelly."
Kelly : "Actually, Mr. Mayor, Councillor Whitehead and I were, I think, impacted by the letter in the same fashion. And, I couldn't help when I read that, too - and I support what the Premier's doing. I think we all know about the inequity that's going on as far as transfer payments are concerned. And clearly, I think that there has to be some dialogue between the Provincial Government and the Federal Government as far as those are concerned. And that's, ultimately, if in fact they can find some resolution, as the Premier talks about in his letter. Something that can benefit us and other communities in this province."
"But, at the same time, the double standard that Councillor Whitehead's already referred to, was not lost, I think, on all of us that read the letter. That, here's a government that's saying, this is just not fair; we're not getting what we want. And we've been singing that same song since 1997, hear. And for that last, well, 4 years, anyway, to this provincial government, anyway."
"It's some consolation, Mr. Mayor, that they have acknowledged that there is inequity. It was some consolation that they did what they could for us last year with a cheque. But, to suggest this year, that while the financial situation is much different, here, and we can't afford to do that, it just doesn't wash. If you want justice for yourself, you also have to be the purveyor of justice and I echo those comments at the same time."
"And, hope, as you continue discussions with Minister Sobera and the Premier, that they see the light, as well. Thank you."
Mayor DiIanni : "Well, I think we're closer to some justice than we've ever been. And, I'm just hoping that we can bring it home. But, thank you for those comments."
"So, we have then, a Motion to accept the Correspondence" (hear a glass clink) "as amended." Councillor Ferguson."
5.4 (Added Council Communication Item) Correspondence from Gunter Hinz of Pack n Stor Inc respecting Item 12 of the Planning and Economic Development Committee respecting Zoning for Mini Storage Containers
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Mar23/Item%201%20-%20Pack%20n%20Stor%20Inc.pdf)
Recommendation: Be received
Ferguson : "Mr. Mayor, I wonder if 5.4 shouldn't go to Planning and Ec Dev Committee."
Mayor DiIanni : "Sorry, say that again?"
Ferguson : "5.4, the added piece, re: Temporary Storage Containers, because that's - "
Mayor DiIanni : "Mr. Clerk."
Kevin Christenson - City Clerk : "Through you, Mr. Mayor. The item that 5.4 refers to, is on the Planning and Economic Development Committee agenda tonight. There is a report from the Committee."
Mayor DiIanni : "Okay. We will be dealing with that."
"All right. On Communications as amended, then. All in favour?" (hear councillors say carried) "That's carried. Thank you."
See Part #2
Starting with Item #6.1 - "Committee Reports" - Public Works, Infrastructure and Environment Committee - Report 05-005, March 14, 2005
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