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April 27/05 Report – Part 2 of 5
(Continued from Part #1 that ended with Communications Item 5.4 "Correspondence from Kathy Drewitt, Downtown Hamilton BIA respecting Item 9 of Public Works Report - Moratorium on Outdoor Patio Boulevard encroachments Permit Fees)
6. Committee Reports
Mayor DiIanni : "Councillor Whitehead a Motion on Committees, please."
MOTION TO Move into Committee of the Whole
(Whitehead / Samson - CARRIED)
Whitehead : "Moved by myself; Seconded by Councillor Samson that the Council move into Committee of the Whole for consideration of Committee Reports."
Mayor DiIanni : "Thank you, all in favour?" (hear councillors say carried) "That's carried."
6.1 Public Works, Infrastructure and Environment Committee, Report 05-007, April 18, 2005
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Public-Works/2005/Apr18/Rep05-007.pdf)
(Mitchell / Pearson - CARRIED as AMENDED)
Mayor DiIanni : "And, Members of Council, the Public Works, Infrastructure and Environment Committee presents its seventh report and respectfully recommends Item #1" (hear councillors say carried) "#2 . #8" (hear councillors say carried) "#9, now" (hear some councillors say carried, as well as a glass clink) "Hold it, #9."
REQUEST to REFER BACK (c ) & (d) of Item 9- " 9. Moratorium on Outdoor Patio Boulevard Encroachment Permit Fees (PW05040) - (City Wide) Public Works, Infrastructure & Environment Committee Outstanding Business Item (CC) (Item 9.1)
(a) That a moratorium on outdoor patio boulevard encroachment permit fees for existing and proposed outdoor boulevard cafes, be extended from January 1, 2003 to December 31, 2005 at an approximate annual cost of $14,000.
(b) That the annual outdoor patio boulevard encroachment fees collected in 2003 and 2004 totalling $3,905.71 be refunded and charged to operating account 47222-460005.
(c) That the full reinstatement of the permit fee effective January 1, 2006 be endorsed and further that staff be directed to so advise all existing permit holders and new applicants in 2005 of this mandate.
(d) That Item (CC) - Patio fees be removed from the Public Works, Infrastructure & Environment Committee Outstanding Business List."
AMENDING MOTION :
"That Item 9 of Public Works Infrastructure and Environment Committee Report respecting Moratorium on Outdoor Patio Boulevard Encroachment Permit Fees be amended by referring subsections (c ) and (d) back to Committee
(Mitchell / Pearson - CARRIED)
Mitchell : "That's Moved by myself; Seconded by Councillor Pearson that Item 9, (c ) and (d) be referred back to Committee, Mr. Mayor."
Mayor DiIanni : "Thank you. This is the one we just dealt with."
Mitchell : "Yes."
Mayor DiIanni : "So, all in favour of the amendment?" (hear councillors say carried) "That's carried. All in favour of the Motion [Item 9], as amended?" (hear councillors say carried) "That's carried. Thank you."
"#10" (hear councillors say carried) "#11 . #12" (hear councillors say carried) "#13" (hear councillors say carried and hear a glass clink) "#13?"
REQUEST to TABLE - " 13. Street Tree Removal Request - 49 Millen Road (PW05044) - (Ward 10) (Item 9.5) That a request from the owner of a private residence at 49 Millen Road, (Ward 10), for the removal of seven trees located within the abutting municipal road allowance portion of their property be denied.
Councillors Ferguson , Mitchell, and Jackson indicated that they wished to be recorded as OPPOSED to this Item. "
(Pearson / Mitchell - CARRIED)
Pearson : "Mr. Mayor, yes, I'd like to request that this be tabled. Staff were looking into further information on Item 13 for me. That was the request for tree - "
Mitchell : "I'll Second that."
Mayor DiIanni : "Thank you. Seconded by Councillor Mitchell. All in favour?" (hear councillors say carried) "That's carried."
"#14" (hear councillors say carried) "#15" (hear councillors say carried, and hear a glass clink) "# - Councillor Mitchell, I understand you have an amendment to item (d) in the Information Section of the Report."
REQUEST to AMEND - " (d) (i) The following delegation was approved:
Elmer Fyfe, April 12, 2005 , respecting garbage disposal by incineration. (Item 4.2)
(ii) The following delegation was approved to be heard today:
Maggie Hughes, April 6, 2005 , respecting sidewalk clearing as it relates to people in wheelchairs. (Item 4.1)"
MOTION to Refer as noted below.
(Michell / Pearson - CARRIED)
Mitchell : "Yes I do, Mr. Mayor. It's Moved by myself and Seconded by Councillor Peason, that Item '(d) (i) the following delegation request was referred to the special public meeting of the Niagara / Hamilton of the Niagara / Hamilton WastePlan working group scheduled for June 2, 1995 [I believe Councillor probably meant 2005] at 7:00 pm in the Council Chambers in Stoney Creek Municipal Service Centre. So, that's where that delegation would be entertained."
Mayor DiIanni : "Very good. Do we need to vote on that amendment? All in favour of that amendment, then?" (hear councillors say carried) "That's carried."
"And, Councillor Michell, again, a Motion on the whole Report as amended, please."
Mitchell : "Thank you, Mr. Mayor. It's Moved by myself; Seconded by Councillor Pearson, that the seventh Report of the Public Works, Infrastructure and Environment Committee be adopted as amended and the Information Section be received."
Mayor DiIanni : "Thank you. All in favour?" (hear councillors say carried) "That's carried."
6.2 Planning and Economic Development Committee, Report 05-009, April 19, 2005
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/Apr19/Report%2005-009.pdf)
(Whitehead / Pearson - CARRIED as AMENDED)
Mayor DiIanni : "Members of Council, the Planning and Economic Development Committee presents its ninth report and respectfully recommends item #1" (hear councillors say carried) #2 . #9" (hear councillors say carried)
"Councillor Whitehead, do you have an amendment 10?"
REQUEST to AMEND - " 10. Demolition Permit - 75 Rymal Road West (PD05106) (Ward 8) (Item 5.10)
That the Director of Building and Licensing be authorized and directed to issue a demolition permit for 75 Rymal Road West in accordance with By-Law 74-290 pursuant to Section 33 of The Planning Act as amended subject to the applicant applying for and receiving zoning change to permit commercial uses and the applicant entering into and receiving a Site Plan Agreement approved by the Planning and Development Department. "
(Whitehead / Pearson - CARRIED)
Whitehead : "Thank you, Mr. Mayor. Moved by myself, Seconded by Councillor Pearson that item 10 of the Planning and Economic Development Committee respecting demolition permit at 75 Rymal Road West be amended by deleting the following words after the words 'as amended' in the third line: 'subject to the applicant applying for and receiving zoning change to permit commercial uses and the applicant entering into and receiving a site Plan agreement approval by the Planning and Development Department."
Mayor DiIanni : "Thank you. #10, as amended?" (hear some councillors say carried) "#10, as amended?" (hear more councillors say carried) "#11. #12" (hear councillors say carried) "And, Councillor Whitehead, you have a Motion on 13."
REQUEST to RECEIVE - " 13. Delegation - United Steelworkers of America (New Business - No Copy) "
(Whitehead / Pearson - CARRIED)
Whitehead : "Yup, the Motion is to receive."
Mayor DiIanni : "Thank you - "
Whitehead : "And, Seconded by Councillor Pearson."
Mayor DiIanni : "Thank you. All in favour of receiving this?" (hear councillors say carried) "#14" (hear councillors say carried) "#15" (hear councillors say carried) "#16" (hear some councillors say carried and hear a glass clink) "#16, Councillor Morelli."
COMMENT ON - " 16. Offer to Purchase - Robert Land Surplus School Site, Municipally Known as 460 Wentworth Street North Owned by Hamilton-Wentworth District School Board (PD05108)(Ward 3) (Item 7.2)
(a) That the Real Estate Section of the Development and Real Estate Division of the Planning and Development Department be authorized and directed to submit an Offer to Purchase to the Hamilton-Wentworth District School Board for the acquisition of the lands composed of Lots 1 to 25, inclusive, and Alleyway, Plan 409 and Part Lots 10, 11, 66 and 67, Plan 32, (see Appendix "A" to Report PD05108), municipally known as 460 Wentworth Street North, Hamilton. That the said Offer to Purchase be conditional upon:
(i) The City being satisfied with the environmental condition of the property and testing to reveal the presence of any contamination in, on and under the soil and building.
(b) That funds for the purchase be taken from the unallocated Capital Reserve Account #108020.
(c) That the Real Estate Section of the Development and Real Estate Division be authorized and directed to negotiate a sales agreement, in the amount equal to that of the City's purchase from the Hamilton-Wentworth District School Board and all related costs associated with the completion of the environmental assessments with the community stakeholders from the Hamilton Civic Coalition and the Hamilton Trust Fund Working Group, which agreement, will include the transfer of the land and a repayment schedule for the City's cost, in addition to, securing the interest of the Keith Neighbourhood Renewal Community Group to facilitate the use of the gymnasium and associated office space. It is further recommended that the agreement between all parties be confirmed prior to the City's Offer to Purchase being submitted to the Hamilton-Wentworth District School Board."
Morelli : "Mr. Chairman, just allow me, for a moment, to take this opportunity to thank Council, and certainly, a number of community partners, as well as the community itself. This involves, purely the offer to purchase Robert Land school. But, it's certainly one of the more critical purchases that we hope to be able to make so that we can retain some sense of the community. And obviously, this is one of the schools that we're trying to obtain."
"So, I'd like to also take this opportunity to that Guy Paparella who has served as our pin person in terms of negotiations. Thank you very much."
Mayor DiIanni : "Thank you very much. 16, then?" (hear councillors say carried) "# sevente - Councillor Morelli" (hear a glass clink) "I understand you have an amendment to 17."
REQUEST to AMEND - " 17. City Initiative for a Change in Zoning for Lands Located at 735 Barton Street East (Hamilton) (PD05078) (Ward 3) (Item 8.1)
That approval be given to City Initiative CI-04-H, City of Hamilton, owner , for a change in zoning from "G-3" (Public Parking Lots) District to "H" (Community Shopping and Commercial, etc.) District, to permit future commercial redevelopment of the lands known municipally as 735 Barton Street East (Hamilton), as shown on Appendix "A" to Report PD05078, on the following basis:
(a) That the subject lands be rezoned from "G-3" (Public Parking Lots) District to "H" (Community Shopping and Commercial, etc.) District;
(b) That the attached Draft By-law, marked as Appendix "C" to Report PD05078, which has been prepared in a form satisfactory to Corporate Counsel, be enacted by City Council;
(c) That the proposed change in zoning is in conformity with the Official Plan for the Hamilton Planning Area."
AMENDMENT - "That Item 17 of Planning and Economic Development Committee Report 05-009 respecting City Initiative for a Change in Zoning for lands located at 735 Barton Street East, Hamilton (PD050078), be amended by adding the following as sub-sections (d) and (e):
'(d) that the property municipally known as 735 Barton Street East, Hamilton, which was declared surplus by Council on October 13, 2004 in adopting subsection (a) of Item 1 o Planning and Economic Development Committee Report 04-014, be retained a Municipal Car Park #47 for a period of one year;'
(e) That at the end of the one-year period, staff be directed to bring a report back to the Committee outlining the feasibility of continuing the car park operation.'"
(Morelli / Merulla - CARRIED)
Morelli : "17, Mr. Chairman. I believe you have a - everyone has a Motion before them. Basically what it states is that we agree with the change of zoning. But, it also is with the direction that the lot be maintained as a parking lot of one year, subject to an update and the fact that there's been substantial changes down there in terms of end use."
"So, the Motion is before you; and Seconded by Councillor Merulla."
Mayor DiIanni : "Thank you. All in favour, then, as amended?" (hear councillors say carried)
"#18" (hear councillors say carried) "#19" (hear a glass clink) "#19, Councillor McCarthy."
COMMENT on - " 19. Status Report on Proposed Lowndes Holdings Corp. Quarry, 11 th Concession Road East, Official Plan Amendment Application OPA-04-17 and Zoning Application ZAC-04-89 (PD04244(a)) (Ward 15) (Item 8.3) "
McCarthy : "Thank you, Mr. Mayor. Through you to staff. We have a report on the proposal for Lowndes Holdings. This is the quarry on the 11 th Concession. I noticed that we have a status report that came back to Council outlining how the application was going to be evaluated."
"I'm asking through you, through the Chair, to staff, is there a time line on when we can expect some evaluation, or status, or -"
Lee Ann Coveyduck - General Manager, Planning and Development : "I don't have an exact date that we can bring forward to you. This report is a status report that outlines the fact that we're going to be retaining a number of different peer review consultants to review the information and entertain, in a public consultation process."
"It will be a number of months, though, before we would be back before Committee with the final report."
McCarthy : "Thank you, Lee Ann. Is that 'going to' retain, or we 'have retained.' It was my understanding that we have retained them."
Lee Ann Coveyduck - General Manager, Planning and Development : "Yes. We have retained them."
McCarthy : "So, we've retained a host of experts from different spheres to analyze this proposal. They've looked at the application to date, have they?"
Lee Ann Coveyduck - General Manager, Planning and Development : "Yes, they have looked at the application to date. But, what they will be doing, is they will be peer reviewing all of the back ground studies that will be submitted to the City."
McCarthy : "Do they render the application complete?"
Lee Ann Coveyduck - General Manager, Planning and Development : "That is a City decision as to whether the application is complete."
McCarthy : "Are we looking at possibly - and I'm not putting you down to a timeline or anything like that - but are we looking at this year, having some kind of a follow-up, given the outline that's come forward so far"?
Lee Ann Coveyduck - General Manager, Planning and Development : "I would say we would be back to the Committee this year. We'll probably come back after we've had an opportunity to have some consultation. As you notice, in this status report, there is a consultation process that's also outlined. I just do not have an exact date, because it will really depend on the consultation and the various aspects of the peer review and whether there's any additional studies or information that's going to be required. So, it's pretty difficulty to pin down an exact time frame."
McCarthy : "Thank you, very much. Thank you."
Mayor DiIanni : 'Thank you. #19, then?" (hear councillors say carried) "It's carried. #20?" (hear councillors say carried) "#21" (hear councillors say carried and hear a glass clink) "21, Councillor Bratina."
COMMENT ON - " 21. Appointment of Citizens to the VIA Rail Task Force (New Business Item 9.2)
(a) That sub-section (a) of Item 24 of Planning and Economic Development Committee Report 05-002 Sub-section (a) be amended to add a representative from the Hamilton Port Authority as a member of the Task Force, the Mayor and the Chairman of the Planning and Economic Development Committee be added as Ex-Officio members, and that the number of citizens at large be increased from two to three members.
(b) That the following three citizens be appointed to the VIA Rail Task Force until such time as the mandate of the Task Force is complete:
- William Gardner
- Darlene Spoletti
- Larry Taylor"
Bratina : "Mr. Mayor, just a brief comment on Item #21. We had a terrific response to the advertisement for Committee Members for the VIA Rail Task force. We had retired engineers; people from almost every walk of life who were really interested in taking part in this exercise."
"We also have completed, now, a comprehensive consultant's report. It's been prepared and now we, I just have a problem getting everyone scheduled - including yours - to actually convene the first meeting of the VIA Rail task force. But so far, so good. And, I just wanted to mention that. Thank you."
Mayor DiIanni : "Thank you. 21, then?" (hear councillors say carried) "Councillor Ferguson, I understand you have a Motion to lift the recommendations in Item (f) on the Information Section, and add them as Item 22."
MOTION to LIFT Information Item (f) and make it Item #22 of Report - " (f) Regional and Local Official Plan Amendments - Environmentally Significant Areas (PD02201(c)) (City Wide) (Item 6.1)"
MOTION : "That the recommendations contained in the Information Item (f) of Report 05-009 of the Panning and Economic Development Committee be lifted from the Information Section and added as Item 22 to Report 05-009, and read as follows: 22. Regional and Local Official Plan Amendments - Environmentally Significant Areas (PD02201(c )) (City Wide) (Item 6.1)
'(a) That the following Official Plan Amendments (OPAs) be repealed:
(i) OPA No. 12 and No. 15 to the Regional Municipality of Hamilton- Wentworth Official Plan;
(ii) OPA No. 93 to the Town of Ancaster Official Plan;
(iii) OPA No. 5 to the Town of Dundas Official Plan;
(iv) OPA No. 91 to the Town of Flamborough Official Plan;
(v) OPA No. 38 to the Township of Glanbrook Official Plan;
(vi) OPA No. 183 to the City of Hamilton Official Plan; and,
(vii) OPA No. 97 to the City of Stoney Creek Official Plan.
(b) That approval be given to OPA ___ of the former Regional Municipality of Hamilton-Wentworth Official Plan (OP); to provide text changes to the definition and appropriate policies for Environmentally Significant Areas (ESAs), to delete the ESAs Map No. 4 and replace with a new "Environmentally Significant Areas" Map identifying existing ESAs, the addition of fourteen (14) new ESAs, and the extension of four (4) ESAs, as contained in Appendix "A" to Report PD02201(c).
(c) That approval be given to OPA ___ of the former Town of Ancaster Official Plan; OPA ___ of the former Town of Dundas Official Plan; OPA ___ of the former Town of Flamborough Official Plan; OPA ___ of the former Township of Glanbrook Official Plan, OPA ___ of the former City of Hamilton Official Plan; and, OPA ___ of the former City of Stoney Creek Official Plan, to amend the ESAs sections of the Local OPs, to include them in the Regional OP and to add two (2) new ESAs on Schedule "B" of the former Stoney Creek OP, as contained in Appendix "A" to Report PD02201(c).
(d) That the General Manager, Planning and Development Department, be hereby authorized and directed to prepare the requisite by-law to repeal and readopt the OPAs, in a form satisfactory to Corporate Counsel for presentation to Council.'"
(Ferguson / Jackson - CARRIED)
Ferguson : "Took the words right out of my mouth. It's Moved by myself; Seconded by Councillor Jackson."
Mayor DiIanni : "Thank you. Therefore, Item 22, please?" (hear councillors say carried) "It's carried."
"Councillor Whitehead, may I have a Motion on the Report, as amended."
Whitehead : "Thank you, Mr. Mayor. Moved by myself; Seconded by Councillor Pearson that the 9 th Report of the Planning and Economic Development Committee be adopted as amended and the Information Section received."
Mayor DiIanni : "Thank you. All in favour, please?" (hear councillors say carried) "That's carried."
6.3 Corporate Administration Committee, Report 05-007, April 20, 2005
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Corporate-Administration/2005/Apr20/Report%2005-007.pdf)
(Braden / Ferguson - CARRIED)
Mayor DiIanni : "Corporate Administration, Members of Council, presents its 7 th Report and recommends Item #1" (hear councillors say carried) "#2 . #3" (hear some councillors say carried and hear a glass clink) "#3, Councillor."
COMMENT on - " 3. Red Hill Valley Project Financial Status Report (FCS05027a/PW05023a) (City Wide) (Item 6.4)
That the Red Hill Valley Project Financial Status Report for February 28, 2005 as set out in Appendix "B", attached hereto, be received for information. "
McCarthy : Thank you very much, Mr. Mayor. Through you to Finance; or Legal Services; or both. Regarding the Red Hill Creek Project Financial Status Report. I know in the original report, that there was an" (hear a glass clink) "over-payment of $7,654.00 And, it says that the above-noted payments do not relate to issues with Legal Services specifically related to, to be reported upon."
"Can I have some explanation how we could overpay legal services regarding this."
Joe Rinaldo - General Manager, Finance and Corporate Services : "You may recall - through you, Mr. Mayor - that was the overpayment that was made to the consultant that was hired by the outside legal counsel. And, as a result of that over - , that was identified in the earlier report. And, we've actually undertook to recover the cost. And, we are simply recovering that overpayment. And we've done that at this time."
McCarthy : "And - thank you - and further to that, is there some different evaluation process now that's going on so that we catch these things before it occurs again?"
Joe Rinaldo - General Manager, Finance and Corporate Services : "Ya, monitoring of the payments and the processing of the payments are monitored a little closer. And in fact, we believe that we hopefully will avoid it. There's never absolute 100% certainty on some of these items on how they're processed. But, we believe that the process in place will, in fact, catch these situations."
McCarthy : "Can you explain what process is in place, Joe, to catch these situations, to me."
Joe Rinaldo - General Manager, Finance and Corporate Services : "Basically, the invoices are not only reviewed by the outside counsel, it also will be reviewed internally - by the internal legal counsel, as well, to ensure all the documentation is in place. And, that this kind of over-sight does not happen again."
McCarthy : "Pretty scary we weren't doing that before, but than - "
Joe Rinaldo - General Manager, Finance and Corporate Services : " - In fairness we - "
McCarthy : " - k you very much - "
Joe Rinaldo - General Manager, Finance and Corporate Services : " - were. I should point out we were, saying it, in fairness. But, it was just missed on this particular situation."
Mayor DiIanni : "And also now being reported publicly through this, through Council, which adds our eyes to it as well."
McCarthy : "Thank you."
Mayor DiIanni : "Okay. All in favour of 3, then?" (hear councillors say carried) "#4 . #6" (hear Councillors say carried, then hear a glass clink)
See Part #3
Starting with Item #6.3 - "Committee Reports" - Corporate Administration Committee - Report 05-007, April 20, 2005 - Item #7
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