Council

Council

info@hamiltoncatch.org

May 11/05 Report – Part 1 of 6
7:00 pm (actual start at 7:05 pm)
In Camera (8:42 pm; just after 10:00 pm)
(adjourned shortly after 10:00 pm)

Members of Council :

Mayor Larry DiIANNI (present) in 6:15 pm
Ward # 1 Brian M cHATTIE (present) in 6:25 pm
Ward # 2 Bob BRATINA (present) in 6:37 pm
Ward # 3 Bernie MORELLI (present) in 6:57 pm
Ward # 4 Sam MERULLA (present) in 6:50 pm
Ward # 5 Chad COLLINS (present) in 6:59 pm
Ward # 6 Tom JACKSON (present) in 7:05 pm
*Ward # 7 Bill KELLY (present) in 7:20 pm
Ward # 8 Terry WHITEHEAD (present) in 6:25 pm
Ward # 9 Phil BRUCKLER (present) in 6:35 pm
Ward #10 Maria PEARSON (present) in 6:15 pm
Ward #11 David L. MITCHELL (present) in 6:30 pm
Ward #12 Murray FERGUSON (present) in 6:15 pm
Ward #13 Art SAMSON (present) in 6:50 pm
Ward #14 Dave BRADEN (present) in 6:55 pm
Ward #15 Margaret McCARTHY (present) in 7:05 pm, out around 8:00 pm

* Councillor Kelly was later getting into Council as he was on Council business at Queen's Park as the Provincial Budget was announced the same day.

Members of Staff

Peter Barkwell - City Solicitor
Ida Bedioui - Legislative Assistant
Lee Ann Coveyduck - General Manager, Planning and Development
Kevin Christenson - City Clerk
Neil Everson - Executive Director, Economic Development
Beth Goodger - Director, Waste Management
Catherine Graham - General Manager, Human Resources
Jim Harnum - Director, Water and Waste Water
Salter Hayden - Deputy Clerk, Manager - Licensing and Election Services
Don Hull - Director of Transit
Jim Kay - General Manager, Emergency Services / Fire Chief
Paul Mallard - Manager, Development Planning, Planning and Development Department
Glen Peace - City Manager
Joe-Anne Priel - General Manager, Public Health and Community Services
Scott Stewart - General Manager, Public Works
Tony Tollis - Corporate Services - Director, Finance & Administration

Members of the Media present :

Cable 14
Doug Cameron - K-Lite FM
Andrew Dreschel - Hamilton Spectator
Ken Mann - CHML
Eric McGuinness - Hamilton Spectator
Debra Downey (?) - Brabant

COUNCIL AGENDA

Call To Order

Mayor DiIanni : "Good evening ladies and gentlemen, Members of Council. Welcome to our Council Meeting. 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 very much. Please be seated everyone. Ladies and gentlemen, I would like to welcome to the podium Reverend Steve Lindsay of Cheyne Presbyterian Church (http://www.cheynechurch.com/) right here in Stoney Creek."

"Reverend Lindsay has been at Cheyne Presbyterian Church for seven and a half years, is married to Susan a homemaker and voice teacher, and has 2 sons - Donald and David. Welcome Reverend Lindsay and would you please lead us in prayer."

Reverend Steve Lindsay : "Thank you, very much. Let us bow before God."

"Lord God, we thank You so much for the gift of life. And the Councillors, this evening, thank You for entrusting them with the wonderful privilege of leading this city and representing the people who've put their faith in them."

"And Lord God, we pray that You would fill the Councillors with the spirit of wisdom, this evening; that You would fill them with integrity, honesty, and a deep respect for one, another. We pray, Lord, that You would help them to evaluate each issue as You desire. May Your perfect Will be done. May the welfare of all the constituents be represented well and fairly. We pray that You grant them a great measure of patience and understanding. And, that You would lead them into truth, this evening."

"For Your Glory, we pray, in Your Son's Name. Amen."

Mayor DiIanni : "Thank you, Reverend Lindsay."

1. Approval of Agenda
(Pearson / Mitchell - CARRIED as AMENDED)

Mayor DiIanni : "Before we go . the Agenda a proper rolling, let me just make some acknowledgements and . " (Mayor changes from hand-held microphone to desk microphone, which is not as loud so missed what he said for a few seconds until he started to use the hand held microphone) "Sorry. Before we get the Agenda going, let me just make some acknowledgements and indicate to Members of Council that when the wish to speak - and hopefully the microphones'll work a little better or otherwise, we'll have to pass this around."

"I can be like Oprah Winfrey, I guess." (hear giggles from Council and gallery) "But, when you wish to speak, it's the re - it's the green button in front of you that you need to press. And then, you need to press the red button to turn the sound off and hopefully the grey button and the red - " (hear someone say something off microphone) " - well, you know, I'm colour blind. So, what do you expect!" (hear giggles from Council and audience) "And, that'll activate the sound system and hopefully, it will work."

"But, before we start, I - just for those who are watching us on television, you'll see that the surroundings are a little different and you'll see in the back of me, the Battle - a scene from the Battle of Stoney Creek - an historic battle in the history of our country. And, you'll see that the battle actually took place in the vicinity of Gage House, an historic building at Battlefield Park, right here in Stoney Creek, that I invite people to visit. There's some wonderful, wonderful exhibits there. And, in fact, there's a re-enactment that occurs there every June. And, - " (hear someone say something off microphone) "June 4 th and 5 th , this year. (http://www.city.hamilton.on.ca/culture-and-rec/MUSEUMS/battlefield/) So, we'll give that plug for the re-enactors. And, you'll see the scene right there."

"So, we're in Stoney Creek. And, this is part of taking the Council Meetings around to the various communities. And, this is our first attempt of doing that. And hopefully, it will go well. And, I thank the members of the community who are here - members of the local community. And, I thank the Council Members and staff for having ventured out to the Stoney Creek - former Stoney Creek City Hall. Appreciate that. And in fact, there are members here who've come from - in our community - have come from a fair distance. I know there are some residents from Flamborough here on some issues related to their community. So, we appreciate that."

"But, I specifically want to thank staff - facility staff - that have done a lot of work in accommodating us, here. And, our local Cable company, as well, in terms of having set up the television stations to make sure that this Council Meeting could be broadcast. So, I really appreciate that."

"And, the Stoney Creek Chamber of Commerce that hosted the reception that occurred here just before the Council Meeting, as well. So thank you, to all."

"And now, we'll get the Agenda going. Mr. Clerk, are there any changes to the Agenda?"

Kevin Christenson - City Clerk : "Yes, thank you, Mr. Mayor. I have: "

"Added Council Minutes from the special Council meeting held May 9, 2005 before Council for approval, this evening;" (Item 4.2)

" I have an Added Motion by Councillor Merulla respecting Affordable Housing in Ontario;" (Item 7.2)

"I have an Added Notice of Motion by Councillor McHattie respecting CBC Radio;" (Item 8.1)

"And, I also have an Added Personnel Matter to be added under the Private and Confidential Section of tonight's Agenda;"

"As well, as a typo I'd like to bring to Council's attention in the Strategic Planning and Budgets Committee Report, tonight. Item 8 to be renumbered as Item 7."

Mayor DiIanni : "Thank you, Mr. Clerk. I appreciate that. I do have some questions. Councillor Ferguson."

Ferguson : "Mr. Mayor, the art work behind you - is that an amalgamation issue?" (hear giggles from Council and gallery)

Mayor DiIanni : "Sorry, say that again." (more laughter from Council and gallery) "All right. The amalgamation issue wasn't quite that violent - " (more giggles) " - but just so - " (more giggles) "Thank you, very much."

"Mr. Clerk, then, do I need a Motion to approve the Agenda as amended?"

Kevin Christenson - City Clerk : "Yes."

Mayor DiIanni : "Yes. Moved by Pearson; Seconded by Mitchell. All in favour?" (hear councillors say carried) "That's carried."

2. Declaration of Interest

Mayor DiIanni : "Are there any Declarations of Interest?"

3. Ceremonial Activities

Mayor DiIanni : "Seeing none, we'll go onto our Ceremonial Activity. And actually, I'm going to move to the podium and invite some people up to join us there, as well." (Mayor proceeds to move from behind desk at council table to podium in centre; and places the hand held microphone in the holder there.)

3.1 Presentation - WastePlan

Mayor DiIanni : "Thank you very much. Ladies and gentlemen, it's quite fitting that we're meeting here, in Stoney Creek, this evening, as we celebrate a significant partnership with our neighbouring municipality to the east - and that is the Regional Municipality of Niagara. We're not very far from the borders of that municipality where we are, geographically, right now."

"The City of Hamilton and the Region of Niagara have embarked on an important joint initiative called that 'Niagara-Hamilton WastePlan.' (http://www.wasteplan.ca/) And, I'd like to welcome, first of all, Peter Partington, the Regional Chair of Niagara (http://www.regional.niagara.on.ca/government/council/default.aspx) to join me at the podium. Would you welcome Chair Partington, please." (hear applause from Council and gallery)

"As well as Chair Partington, we do have a couple of other important people with us. And, one of them is Lord Mayor Gary Burroughs of Niagara on the Lake. (http://www.notl.org/siteengine/activepage.asp?PageID=14) Lord Mayor." (hear applause from Council and gallery) "And we - I love calling him the Lord Mayor - " (hear giggles from Council and gallery) " - because he is the Lord Mayor. And, a good friend to this community, as well. And, has a wonderful community that we visit often, also."

"Now, these 2 individuals, along with - and I want to acknowledge some others, as well. But, we do have, in the audience, Ian Neville who is the Engineer. Is that your title, Ian - the Chief - no. What is it?" (hear someone speaking off microphone) "The direc, the Commissioner of Public Works." [for the Regional Municipality of Niagara - http://www.regional.niagara.on.ca/government/works/contacts.aspx] "Wow, he was just an engineer when we hired him here." (hear giggles from Council and gallery) "But, please welcome Ian Neville" (hear applause from Council and gallery) "Commissioner of Public Works."

"And I can tell you, that Ian is no stranger to this building because he was our City Engineer for many years and in fact responsible - I was the Committee Chair that built the City Hall. But, Ian was the person that did all the work and brought us in under budget when we built this, as well. It's good to see you here, also." (hear more applause from Council and gallery)

"And, Mr. Chair - is Mayor Damian Goulbourne (http://www.city.welland.on.ca/Council/Members.html) here, as well? He's not, he's not able to be here of the City of Welland. And David Payne, I understand, the Director of Waste Management Services is unable to attend this evening, also."

But, there are some other people in the audience that I just want to acknowledge. Some former Municipal politicians here in Stoney Creek. And in fact, Grant Shaw - is Grant here? Grant was - " (hear applause from Council and gallery) " - Deputy Mayor in Stoney Creek and Regional Council. Grant, good to see you."

"Frank Carrocci was not only an employee of the City of Hamilton, but Treasurer in Stoney Creek, in his day." (hear applause from Council and gallery) "And, Peter Janik (sp?), former Councillor here in Stoney Creek." (hear applause from Council and gallery) "Good to see all of you, here."

"Ladies and gentlemen, the WastePlan - as I said - is a joint initiative of Niagara and Hamilton to work together to find a way to manage the solid waste remaining after diversion from landfill. The WastePlan initiative involves an Environmental Assessment [EA] study, under the Environmental Assessment Act (http://www.e-laws.gov.on.ca/DBLaws/Statutes/English/90e18_e.htm) And, this is the first time in about 10 years that an EA has been undertaken for a disposal system in Ontario. And, the first time that 2 municipalities have undertaken this EA jointly."

"The Terms of Reference for the EA were developed in 2004 by a joint staff committee of our respective staffs and a consultant team and we're pleased to have the Terms of Reference approved by the Minister of the Environment on February 7 th of this year. The EA study is now underway. And, is expected to take approximately 2 years with an approved disposal system taking 10 years to implement. So, that looks like a long time. But, extremely important for our 2 municipalities because, not only are there significant dollars involved, but there's significant issues, environmental issues at stake. And, we need to get it absolutely right. And that's why the length of time."

"But, we look forward to working together with Niagara towards the completion of an important component of our respective Waste Management systems. And, to commemorate that significant partnership, I would like first of all to present Chairman Partington with a flag of the City of Hamilton. A flag of the City of Hamilton, which is right here." (Chair Partington is give the flag) "And, I'll invite the Chairman to say a few words in a second. And, I ask the Chairman in a second, to join me in signing a commemorative certificate. But, I'd like the Chairman to say a few words, as well."

Peter Partington, Chair - Regional Municipality of Niagara : "Thank you, Mayor. It's a pleasure to join you, this evening. And, it's a pleasure to be here particularly with the Lord Mayor of Niagara on the Lake, Gary Burroughs. Gary is not only a very effective co-chair of this working committee, he is passionately involved in the issue and we really appreciate his participation."

"And, I think we appreciate the connectivity with the City of Hamilton; not only the Region of Niagara, but I know that the City of St. Catharines and Hamilton Hydro and we're now talking of moving forward the Niagara GTA Corridor matter. And of course, living in Niagara, Hamilton is close to us. We appreciate the importance of the airport in Hamilton to all of us in Niagara."

"And, I note the artwork on the back of the wall. One of the things we can celebrate is the City of Hamilton down to Queenston and Niagara on the Lake and Fort Erie. We have several battlefields. And will be, in a few years, commemorating the 200 th anniversary of the war of 1812 to 1814."

"So, we have a lot in common. I think we both benefit from working together. We look forward to a strong continued relationship. Thank you very much." (hear applause from Council and gallery)

(Mayor DiIanni and Chair Partington sign the commemorative certificate)

Mayor DiIanni : "And, ladies and gentlemen, it's a simple certificate. But it says: 'In recognition of the partnership between the Region of Niagara and the City of Hamilton through the Niagara-Hamilton WastePlan initiative."

"And, let me tell you, this is somewhat historic. It really is because 2 communities, as I said, for the first time, are partnering. Rather than each of us spending lots of money to do things independently, we're going to hopefully save some money and be more environmentally responsible by doing things jointly."

"And, I think we are in an era - we've been saying this as a Council for a long time - in an era of co-operation, not only with other levels of government, but between the same level of government. And this is I think, a bold and important step forward. So, we thank you for that. And, we hope for some good conclusion to the exercise. Thanks, Peter." (hear applause from Council and gallery)

(Chair Partington and Lord Mayor Gary Burroughs wend their way out of the Chamber and Mayor DiIanni returns to his seat at the Council table)

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

4.1 April 27, 2005
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Apr27/Minutes.pdf)
(Bruckler / Pearson - CARRIED)

Mayor DiIanni : "So, Members of Council, I'll do this again - " (Mayor is using the desk microphone rather than the hand held microphone) " - can you hear me with this? No." (Mayor resumes using the hand held microphone) "So, I'll continue to use this and hopefully, the other mics will work better. I don't know if there's a control there or not, Ida, that you can look after that."

"Members of Council, may I have a verbal Motion to approve the Minutes of the City Council Meeting held on April 27 th . Moved by Bruckler; Seconded by Pearson. All in favour?" (hear councillors say carried) "That's carried."

4.2 Council Meeting May 9, 2005 (added agenda item)
(Collins / Morelli - CARRIED)

Mayor DiIanni : "And, I need a verbal Motion to approve the Minutes of the City Council Meeting held on May 9 th , 2005. Moved by Collins; Seconded by Morelli. All in favour?" (hear councillors say carried) "That's carried, as well."

5. Communications
(Braden / Bratina - CARRIED as AMENDED)

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

Braden : "Yes, Mr. Mayor - can you hear me? - Moved by myself; Seconded by Councillor Bratina that the Council Communication Item 5.5 - is that the one you want? Amended by deleting the words: 'a Member of' " (hear Clerk say something off microphone about 5.5)

Mayor DiIanni : "Yes, this is the amendment on 5.5."

MOTION to AMEND - "That Council Communication item 5.5 be amended by deleting the words 'a Member of Councillor' and replacing with the words 'Councillor Maria Pearson' in lieu thereof."
(Note: in Councillor Kelly's e-mail of resignation, listed as Council Communication Item 5.5, it seems that the words in the e-mail that the amendment seems to refer to are actually: 'another councillor')
(Braden / Bratina - CARRIED)

Braden : "Okay. I'll start again. Moved by myself; Seconded by Councillor Bratina that Council Communication Item 5.5 be amended by deleted the words 'a Member of Council' and replacing with the words 'Councillor Maria Pearson' in lieu thereof."

Mayor DiIanni : "Thank you. All in favour of that?" (hear some councillors say carried) "Is there a question on that? Councillor."

Whitehead : "Can I just ask with Councillor Kelly resigning from the Selection Committee who's left on the Committee. What are the numbers? And, do we have, is there a requirement regards to numbers on that particular Committee?"

Mayor DiIanni : "Mr. Clerk, can you help us with that? Who are the members on the selection committee?"

Kevin Christenson - City Clerk : "Yes, Mr. Mayor. Through you, the current members are Councillor Members are: Councillor Mitchell, Bruckler, Ferguson and Jackson. And, with this amendment being proposed tonight, it would also include Councillor Pearson."

"It originally had 9 members; 4 resigned; we still have a quorum of the 5 that you'd have after this appointment, tonight."

Mayor DiIanni : "Okay. Thank you. All in - "

Whitehead : " - Is - "

Mayor DiIanni : "Sorry."

Whitehead : " - So, is there a possibility then, to - I noted that I just wanted us to make sure that we have a balance. And, it doesn't appear to be a balance in regards to the mix on Selection Committee. Can I refer that back, and have that consideration in respect to looking at other councillors?"

Mayor DiIanni : "Well, why don't we refer it back to the Committee, itself. And, have the Committee, maybe, come back with some advice for us."

Whitehead : "Great."

Mayor DiIanni : "All right. So, but let's approve the amendment. All in favour of the amendment?" (hear councillors say carried) "Then the Committee will make that as an Order of Consideration, as well."

"Councillor Braden, now, may I have a Motion to move into Committee of the Whole for consideration of the Reports." (Councillor Braden starts to speak, as Clerk speaks to Mayor)

"Sorry, Mr. Clerk, sorry Councillor."

Kevin Christenson - City Clerk : "I'm sorry, Mr. Mayor, you have approved an am - Item 5.5 amended it. Now you need to approve the Communications as a whole."

Mayor DiIanni : "Right. Thank you. Yes, so a Motion, then, on the Communications as amended. Councillor Braden."

Braden : "Mr. Mayor, I will Move this Motion; Seconded by Councillor Bratina. But, do you want me to read the whole thing out. Or, do you want me to just approve them, as follows?"

Mayor DiIanni : "I think it's in front of us. I think we're okay. But, there is a question on them, before I take the vote. Councillor."

Whitehead : "Ya, 5.4 is respecting Auchmar House which is located in Ward 8. And, it's asking us to Petition the National, the Federal Government for a National designation. And, I'm just trying, are we referring this back to the - which committee? Does that go on to the Heritage?" (hear someone say something off microphone) "It's going to LACAC" (Local Architectural Conservation Advisory Committee
(http://www.hamilton.ca/Planning-and-Development/development/
Community-Planning-and-Design/heritage-urban/municipal-
heritage-committee.asp)) "and then back to the Planning [and Economic Development] Committee."

Mayor DiIanni : "Yes, and there is some interest in Auchmar, as well. So, I think it's appropriate for LACAC to have a look at it. There'll be some more in formation coming forward. Okay."

"So, all in favour of Communications, as amended, then?" (hear councillors say carried) "That's carried. Thank you."

5.1 Correspondence from the Honourable Dr. Marie Bountrogianni, Minister of Children and Youth Services respecting locations for the Best Start Plan
Recommendation: Be received
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/May11/Item%205.1.pdf)

5.2 Correspondence from the Honourable Ralph Goodale, Minister of Finance and the Honourable John Godfrey, Minister of State ( Infrastructure and Communities) respecting Update on the 2005 Federal Budget
Recommendation: Be received
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/May11/Item%205.2.pdf )

5.3 Resolution from the Town of Parry Sound respecting Policing Costs
Recommendation: Be received
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/May11/Item%205.3.pdf )

5.4 Petition submitted by Eileen Butson, President of Auchmar Millennium Fund respecting designation of Auchmar as a National Heritage Site
Recommendation: Be received and forwarded to the Municipal Heritage Committee for comment and report to the Planning and Economic Development Committee
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/May11/Item%205.4.pdf )

5.5 Resignation of Councillor Bill Kelly from the Selection Committee
Recommendation: That the resignation of Councillor Kelly from the Selection Committee be received and that a member of Council be appointed to fill the vacancy.
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/May11/Item%205.5.pdf )

See Part #2
Starting with Item #6.1 - "Committee Reports" - Public Works, Infrastructure and Environment Committee - Report 05-008, May 2, 2005