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June 15/05 Report – Part 1 of 6
7:00 pm (actual start at 7:05 pm)
Location: 855 Millgrove Side Road (Millgrove Community Centre)
(break @9:20 pm to 9:27 pm)
(In Camera @ 9:49 pm; Out of Camera @ 11:13 pm)
(adjourned @ 11:17 pm)
Members of Council :
- Mayor Larry DiIANNI (present) in 6:10 pm
- Ward # 1 Brian M cHATTIE (present) in 6:35 pm
- Ward # 2 Bob BRATINA (present) in 6:54 pm, out 9:15 pm (back in after break)
- Ward # 3 Bernie MORELLI (present) in 7:15 pm
- Ward # 4 Sam MERULLA (present) in 7:00 pm
- Ward # 5 Chad COLLINS (present) in 7:05 pm, out 8:38 pm; in 8:42 pm
- Ward # 6 Tom JACKSON (present) in 7:15 pm, out 8:42; in 8:50 pm
- Ward # 7 Bill KELLY (present) in 6:50 pm
- Ward # 8 Terry WHITEHEAD (present) in 6:40 pm, out 8:30; in @8:45pm
- Ward # 9 Phil BRUCKLER (present) in 6:30 pm
- Ward #10 Maria PEARSON (present) in 6:20 pm
- Ward #11 David L. MITCHELL (present) in 6:35 pm, out 9:27 pm; in 9:35 pm
- Ward #12 Murray FERGUSON (present) in 6:20 pm, out 8:30; in 8:42 pm
- Ward #13 Art SAMSON (present) in 6:44 pm
- Ward #14 Dave BRADEN (present) in 6:40 pm
- Ward #15 Margaret McCARTHY (present) in @ 6:45 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
- Mario Joannette - Executive Assistant to the Mayor
- Jim Kay - General Manager, Emergency Services / Fire Chief
- Tim McCabe - Director of Development, Planning and Development
- Chris Murray - Acting Director - Red Hill Valley Project
- Guy Paparella - Economic Development
- Joe-Anne Priel - General Manager, Public Health and Community Services
- Alexandra Rawlings - Co-ordinator, Planning & Economic Development Committee, City Clerk's Office
- Joe Rinaldo - General Manager, Finance and Corporate Services
- Steve Robichaud - GRIDS Manager
Members of the Media present :
- Ken Mann - CHML
- Eric McGuinness - Hamilton Spectator
- Kevin Werner - Brabant
COUNCIL AGENDA
Call To Order
Mayor DiIanni : "Ladies and gentlemen, I'm going to ask people to take their seats. And, have Members of Council take their seats. We are going to be beginning momentarily."
"Thank you, ladies and gentlemen. I'm going to bid everyone good evening. And, welcome to our Council meeting in Flamborough, and glad to see such a great turnout, here. We'll make some more ceremonial comments about that later."
"But, I would like to call this City Council Meeting of City Council to order and ask you to stand, please for the National Anthem."
National Anthem
Prayer
Mayor DiIanni : "Thank you, ladies and gentlemen. Please be seated."
"Ladies and gentlemen, Members of Council, I would like to welcome Reverend George Robertson, of Knox Presbyterian Church in Waterdown to this evening's meeting."
"Reverend Robertson and his wife, Jan, have lived and raised their family in Stoney Creek, since March, 1986. Reverend Robertson was Senior Pastor at Cheyne Presbyterian Church in Stoney Creek - on of our great Churches - until early 1995. Reverend Robertson started as the Pastor at Knox Presbyterian Church in March of 2005. He also serves on the Hamilton-Wentworth District School Board's (http://www.hwdsb.on.ca/about_us/index.aspx) Interfaith Advisory Committee."
"Welcome Reverend Robertson. And, would you please lead us in prayer."
Reverend George Robertson : "Let's bow together in prayer. Lord God, You are the One, who by Your creative Word, brought this world into being. You are the One, who by Your faithfulness has directed and sustained our lives in this world."
"You are the One, who in Your immeasurable love, cares for us, committed to the cities of this world. You are the One, who has a heart for Hamilton and all its regions and parts. For this we truly thank You."
"We ask you to help us to love this city and its people, as You do. Tonight we pray that You would give us Your heart for Hamilton, that we start right here, tonight; start with this Council meeting; start with us."
"Start with Your mercy and Your justice; start with Your compassion and with Your Peace; start with Your forgiveness and Your healing. Renew our City and make us a city that is strong and vital, fresh and alive; creative and confident. We ask You to Bless Hamilton, make us, as a people, a blessing to many others."
"Call us forward, tonight, as a city into the full measure of Your destiny and calling for us. Thank You, that You have a future for this City."
"We pray You would fill the Members of Council, tonight, with Your wisdom, Your understanding, Your discernment. We pray that you would fill us with Your hope for Hamilton. In Jesus Christ, we pray, Amen."
Mayor DiIanni : "Thank you very much, Reverend."
1. Approval of Agenda
Mayor DiIanni : "Mr. Clerk, are there any Changes to the Agenda?"
Kevin Christenson - City Clerk : "Yes, thank you, Mr. Mayor. We've added Council Communication Item 5.7 from Bruce Wormald ." (Clerk describes added items as set out below)
Added Correspondence Items:
5.6 Correspondence from General Manager of Finance, Joe Rinaldo respecting appointment of Auditor - Compliance Audit. (Clerk did not name this one off, but it was on the Changes listing that was distributed)
5.7 Added council Communication from Bruce Wormald, Lancaster, Brooks and Welch addressing the Waste Collection RFP. This communication corresponds with Item 12 of the Public Works Infrastructure and Environment Committee Report which is before you for consideration this evening. Recommendation: To be received
5.8 Added Council Communication from the Corporation of the Town of Niagara-on-the-lake respecting property assessments. Recommendation: Be received and referred to the General Manager of Finance and Corporate Services for a Report to the Corporate Administration Committee
5.9 Added Council Communication from Bruce Duncan, Hamilton Conservation Authority respecting letter of support for application to the National Historic Sites and Monuments Board. Recommendation: That the Hamilton Conservation Authority be advised that the City of Hamilton is in support of their application to the National Historic Sites and Monuments Board for consideration of the Griffin House, 733 Mineral Springs Road, Hamilton
5.10 Added Council Communication from Beverly Hendry, Ministry of Municipal Affairs and Housing respecting comments to the Draft Official Plan Amendment - Lands in the vicinity of the John C. Munro Airport. This item corresponds to Item 11 of the Planning and Economic Development Committee Report with is before you for consideration this evening. Recommendation: Be received.
Added Motions
7.3 (Braden) Red Hill Valley Project - Noise Mitigation Program Correspondence Package
Added Private and Confidential
10.1 and 10.2 private and Confidential Matters respecting legal actions
By-Law Listing (05-156 to 05-166)
Mayor DiIanni : "Thank you, very much, Mr. Clerk. I will take some questions on Communications, in a second. I'm just going to go through the rest of the protocol."
2. Declaration of Interest
Mayor DiIanni : "Members of Council, are there any declarations of interest on tonight's agenda? Councillor Ferguson."
Ferguson : "Mr. Mayor, Item 6.3, item on reference of Tenders PW-05-02, a relative's employed."
Mayor DiIanni : "Thank you, the Clerk's Office has the appropriate reference. Any other items of, any declarations of interest?"
"If not, I will declare an interest in item of Communications 5.6. I would like that to be recorded, as well."
"Seeing none other, then - "
3. Ceremonial Activities (none)
4. Minutes of the meeting of City Council held on:
4.1 May 25, 2005
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/May25/Minutes.pdf )
(Kelly / Ferguson - CARRIED as AMENDED)
Mayor DiIanni : " - Members of Council, may I have a verbal Motion to approve the Minutes of the City Council Meeting held on the 25 th of May, 2005. Moved by Kelly; Seconded by, let's see it on the table, Seconded by Ferguson."
"Comment on the Minutes? Go ahead, Councillor."
Kelly : "Just one point, if I could, Mr. Chairman. Page 2 of the Minutes under Declarations. It was both myself and Councillor Bratina who made declarations, that night, of interest. And, I believe that the minutes have stated actually Councillor Bratina on both. So, if you could just make that -"
Mayor DiIanni : "Indeed, I recall that. They had to do with the media. And, so, we'll correct those minutes. And, the Clerk is saying yes."
"Now, on the minutes as amended, then? All in favour?" (hear councillors say carried) "That's carried."
5. Communications
(Bratina / Bruckler - CARRIED as dealt with)
Mayor DiIanni : "On Communications, are there any questions, Members of Council? And, Councillor McCarthy."
COMMENTS & DIRECTION on - Item #5.8
5.8 (Added Council Communication) from the Corporation of the Town of Niagara-on-the-lake respecting property assessments.
Recommendation: Be received and referred to the General Manager of Finance and Corporate Services for a Report to the Corporate Administration Committee
McCarthy : "My question is, no questions, Mr. Mayor. But, I did want to add that on Item 5.8 which Niagara-on-the-lake presented to us in terms of a Motion that they passed which speaks to putting a cap on assessed value of properties, so that these residents are not taxed out of their homes, that was previously done in California."
"It was ." (couldn't make out the next couple of words) "and passed through Proposition 13. (http://www.caltax.org/research/prop13/prop13.htm , http://www.hjta.org/prop13.htm, http://www.cbp.org/1997/9704pr13.htm) And, I presented that same Motion, that same resolution and the research that was done prior to that - I believe in 2002."
"And, Clerk's Department, might want to take note of that because Bob Robertson did some work on it at that time and brought it back to me, as well. So, it's the same resolution that was presented to Council, I believe in 2002. And it's the same Motion as what was passed originally in California and considered Proposition 13. Thank you." (hear something clink)
Mayor DiIanni : "Thank you. On that correspondence, as well, Councillor Ferguson."
Ferguson : "Mr. Mayor, this item was on the correspondence agenda by way of letter. We can see from Clerks. And, with a resolution put forward by Niagara-on-the-lake, I asked Clerks to put it on tonight's agenda and referred to Corporate Admin, appropriate."
Mayor DiIanni : "So, the recommendation is to refer it to Corporate Admin. And, Well have a chance to debate it and present the facts. Councillor McCarthy, then will present it formally. You okay with that."
McCarthy : "I have no problem with that. I don't want them to duplicate work that's already been done."
Mayor DiIanni : "Okay. Thank you. So, well, since it's been Moved by Councillor Ferguson; Seconded - I'll take the question in a second by Councillor Collins - that it be referred to CAC [Corporate Admin Committee] On that issue, or on that referral - it's really referral, so it shouldn't be debated. But, on direction, maybe? Hang on, Councillor Whitehead's first."
Whitehead : "Ya, I just wanted to ask, for the direction. I need to understand what implications it has on those that - because there must be implications. I mean, if you cap it at end. Then, at the other end, there's going to be picking up that cost. So, I need to understand what that implication is."
Mayor DiIanni : "Right. And, when it's debated at CAC, hopefully, you'll give that appropriate direction. It's just going there for debate and not disposition, at this point."
"Councillor Bruckler."
Bruckler : Ya, I believe Councillor Ferguson had brought forward another resolution that was forwarded onto staff with respect to the taxation as it impact seniors. So, perhaps if we're looking into these things, perhaps they can be brought forward at the same time so we don't do one at one particular meeting and perhaps another at another subsequent meeting. So, I'd like to put that forward for staff, as well."
Mayor DiIanni : "Okay. And staff is saying agreement to that. So, on 5.8 as directed. All in favour?" (Hear councillors say carried) "That's carried."
"Any other questions on any other item of correspondence - Councillor Kelly."
Kelly : "Thank you, Mr. Mayor - "
Mayor DiIanni : " - Oh, sorry. I had Councillor McHattie, first, and then Kelly, then Whitehead. Sorry, Councillor. Go ahead Councillor."
COMMENT on - Item # 5.10
5.10 (Added Council Communication) from Beverly Hendry, Ministry of Municipal Affairs and Housing respecting comments to the Draft Official Plan Amendment - Lands in the vicinity of the John C. Munro Airport . This item corresponds to Item 11 of the Planning and Economic Development Committee Report with is before you for consideration this evening.
Recommendation : Be received.
McHattie : "Mr. Mayor, I just wanted to speak to Correspondence Item 5.10. This is a letter from the Province and it pertains to the Item #11 in the Planning and Economic Development Committee Minutes for tonight."
"And, I think it's important for Council to be aware of this. It just came yesterday, by the looks of it. So, a lot of folks wouldn't have had a chance to see it. It's a letter from the Ministry of Municipal Affairs and housing. And it speaks to an issue that we're trying to, it's Planning and Economic Development Committee approved last week."
"And, specifically they're, the Province is saying that our proposal to create a special policy area is not supported, given that it's not consistent with the Provincial policy statement. And, they're asking for us to consider the Aerotropolis initiative under the guise of the Official Plan Review and GRIDS process."
"And, they use words here that, 'These matters will be addressed through the official plan program and it is apparent that these amendments are premature pending the completion of that exercise.'"
"So, they're actually finishing off their letter by saying, '. the City should not proceed with the Special Study Area component of the amendments, but continue to consider this proposal in the context of the ongoing GRDS process and new Official Plan program.'"
"So, Mr. Mayor, I just wanted to give a heads-up to Council and when we get to Item 11, in the PED - Planning and Economic Development - I've got a Referral Motion, if I could speak to that when we get to that point."
Mayor DiIanni : "Perfect. And, I think there are some responses that staff would like to give on that letter, as well. We'll get to it at the appropriate time."
"Now, Councillor McHattie, thank you for that. Councillor Kelly, which Item did you want to speak about?"
Kelly : "5.4, Mr. Mayor."
Mayor DiIanni : "Well, I have Councillor Whitehead, who indicated 5.1. So, I'll go to him, first, then respond to you. Go ahead, Councillor."
COMMENT on - Item 5.1
5.1 Correspondence from Don Campbell, Real Estate Investment Network in recognition of the City's Economic Development Office
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Jun15/Item%205.1.pdf )
Recommendation : Be received
Whitehead : "Thank you, Mr. Mayor. Well, I think we need to draw attention to this particular letter, for the benefit of the media and the audience."
"It's a letter from the Real Estate Investment Network. And, it states, 'It is with great pleasure that I send this thank you note to you, and to congratulate you on having such a strong and forward looking Economic Development Office. On May 13, 2005 we hosted an event attended by 300 real estate investors, from across the country, who were looking at Hamilton as one of the key Canadian cities in which to invest.'"
"'As part of our continuing economic due diligence, we requested that Neil Everson provide a presentation showing the growth of not only the population but also the underlying economic strength of the city itself.'"
"'Well, we were blown away by the detail, the clarity and the enthusiasm of Neil's presentation. So much so that I had to drop you this letter to congratulate you on all that you have planned for the coming years in Hamilton. The attendees have not stopped talking about Hamilton since then.' I just wanted to highlight that, Mr. Mayor, because I think that, that speaks to the fact that we are doing good work; the staff is doing incredible work and they need to be congratulated."
Mayor DiIanni : "Thank you. Good kudos to Neil. And, thank you for that. Councillor Kelly."
============
NO COMMENTS on - Item 5.2
5.2 Correspondence from the Honourable Jim Watson, Minister of Consumer and Business Services respecting charity fundraising
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Jun15/Item%205.2.pdf )
Recommendation : Be received
============
COMMENT on - Item 5.4
5.4 Correspondence from Mayor Hazel McCallion, City of Mississauga respecting Greater Toronto Area Bus Rapid Transit Funding
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Jun15/Item%205.4.pdf )
Recommendation : Be referred to the General Manager of Public Works for a report to the Public Works, Infrastructure and Environment Committee
Kelly : "Thank you, Mr. Mayor. Just on Item 5.4. It's correspondence from Hazel McCallion from the City of Mississauga."
"Yesterday, Mr. Mayor, I had the honour of representing you and our Members of Council at Union Station in Toronto for an announcement about GO Transit. The announcement about Smart Card for common fares from Oshawa all the way through to Hamilton."
"As we try to encourage public transit, one of the roadblocks we've always encountered is the fact that there are different fare structures, you have to have different tickets, etc. for different transit systems. And then, of course, GO Transit, itself."
"This Smart Card will be common for all transit systems: Hamilton Street Railway, Burlington Transit, Mississauga Transit, Toronto Subway - anything at all, including the GO system."
"So, it's great news for us that are trying to encourage public transit. And, we're all very excited about that. And, we made that announcement, yesterday at Union Station."
"What this letter specifically pertains to, though, Mr. Mayor is as they move forward with the Rapid Transit Program - which is initially not going to include Hamilton, but apparently, we're in phase 2 of this - The concern, of course, is how this is going to be paid for - not just of course the infrastructure, but where this money's going to come from."
"The Provincial Policy right now states that they want to do 1/3, 1/3, 1/3 between the Federal Government, the Provincial Government and the Municipalities. I had the discussion, yesterday, on your behalf, Mr. Mayor, with Hazel McCallion from Mississauga, Mayor McIsaac from Burlington and others who were at the media conference."
"And, they all share the same concern that we've expressed around this table, that to suggest that it's the municipalities that are responsible for 1/3 of the funding is ridiculous at best because that's the putting of additional cost onto the property tax-payers. And, their feeling is, is that this should be funded wholly by the Provincial and Federal Governments, because they are in fact responsible for transportation in the Province of Ontario."
"So, that's the message that May, Maz, Har, or rather, Mayor McCallion is carrying through this letter. I know this is going to be referred to our staff for further comment, as well. And, I know that that's pretty much the feeling of our Committee. But, I just wanted to bring this up to speed for the Members of Council to know that you have strong support from the other members of the GTAA [Greater Toronto Area] Transportation Corridor System that they are very concerned - whether it's Mississauga, whether it's Burlington, whether it's Toronto, that we can't afford the extra burden of trying to pay for this infrastructure. And of course, if we don't come up with the money, it doesn't get done."
"So, the message will be very strong to Queen's Park: it's your project; you're responsible for transportation; you should pay for this; and not the municipalities."
"And, I'm pretty sure that, that's going to be the recommendation from the Committee. But, you have strong support from the others, as well."
"And, I know, Mr. Mayor, that you've carried this through with the larger Mayors and the GTA Transportation Council, as well."
Mayor DiIanni : "Thank you, very much. Councillor Bratina."
Bratina : "Thanks, Mr. Mayor. Just responding to Councillor Kelly. It is an issue that we need to look at. But, we also have to remember that we're getting a benefit from it. It's not a cost burden in a whole sense - to give you an example. The Cities of Dallas and Fort Worth, actually purchased an old railway - the Rock Island Line - between those 2 cities and developed it on the tax base as a commuter system which is blown all, beyond all proportions. They have to keep adding stations."
"And, in the heart of oil-rich Texas where they love their big cars, the people of Dallas and Fort Worth have taken to this inter-City rail, much as GO Transit is, on their own ticket and their own dime."
"So, before we dismiss it, entirely, I think we should look to see, you know, maybe there'll be other benefits. But, I did want to comment on that, Councillor Kelly. Thanks, very much, Mr. Mayor."
Mayor DiIanni : "Thank you. Councillor Jacks - , er Councillor Samson."
Samson : "Mr. Mayor, Councillor Whitehead commented on 5.1 but I think what we should do in our action is to refer that to Neil Everson, as well, rather than just receive. That's what I would do."
Mayor DiIanni : "All right. So, 5.1, that we send a copy to Mr. Everson, as well - I'm sorry, Councillor Ferguson?" (didn't hear what Councillor Ferguson said) "Oh, well where is Neil, is he here, tonight? Mr. Everson? There he is. Congratulations." (hear applause from Council and audience) "Well done, and we will save the cost of duplicating the letter, right?" (hear giggles from Council and audience)
"Councillor Samson, sorry, I've got you. Councillor Whitehead, go ahead."
MOTION on - Item 5.3
5.3 Correspondence from David Calder, Corporation of the City of Cambridge respecting Volunteer and Municipal Trails
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Jun15/Item%205.3.pdf )
Recommendation: Be received
MOTION - to move correspondence - 5.3 - to appropriate standing committee for review
(Whitehead / Morelli - CARRIED )
Whitehead : "Mr. Mayor, on 5.3, this is Councillor Price has moved Volunteer and Municipal Trails. And, we have it just to be received. I was wondering if we should send it to the appropriate Committee for review, as we are becoming a trail city, with some incredible trails."
"I think that there might be some information and a resolution, here, that should be considered. And, I certainly would like to hear it discussed and debated."
Mayor DiIanni : "Well, make a recommendation, then."
Whitehead : "Well I'd Move it. But, what would it be - Community Services? Or, Public Works?"
Mayor DiIanni : "Why don't we just say, 'the appropriate Committee' and staff will figure that out. Go ahead."
Whitehead : "Okay. I Move that we move 5.3 to the appropriate Committee for consideration."
Mayor DiIanni : "Seconded by Councillor Morelli. All in favour? That's carried. Thank you."
"Councillors, item - Councillor Jackson, go ahead."
MOTION on - Item 5.5
5.5 Request for Nominations for 2005-2006 AMO Board of Directors
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
council/2005/Jun15/Item%205.5%20-%20AMO%20-%20
Request%20for%20Nominations.pdf )
Recommendation : For the consideration of Council
MOTION to keep Dave Braden on AMO Board
(Jackson / Kelly - CARRIED )
Jackson : "Thank you, Mr. Mayor. Item 5.5 talks about a request for nominations for the 2005 / 2006 - our current incumbent is Councillor Dave Braden." (Association of Municipalities in Ontario - AMO - Board of Directors)) "And, I understand that he would still be interested in wanting to serve. So, Mr. Mayor, unless there's anybody else who's interested, I would move his nomination at this time. Thank you."
Mayor DiIanni : "Seconded by Councillor Kelly. All in favour?" (hear councillors say carried) "That's carried - it was close." (here giggles from Council) "It was carried. Thank you for doing that again, Councillor Braden."
(see below for Mayor as second nominee)
MOTION on - See Item 5.6
5.6 Correspondence from General Manager of Finance, Joe Rinaldo respecting appointment of Auditor - Compliance Audit
(to be distributed)
Recommendation : For the consideration of Council
MOTION to have disposition of Item, agree with what noted in the item
(Pearson / Mitchell - CARRIED )
Mayor DiIanni : "And 5.6, also, needs disposition, essentially, disposition to agree with the recommendation by the General Manager of Finance. Moved by Councillor Pearson; Seconded by Councillor Mitchell - All in favour?" (hear councillors say carried) "That's carried."
"And 5.5 has a second nomination. So, we need more than one - and it's me. Oh yes, indeed. Okay. That's right, for the Mayor's - Moved by Councillor Kelly - "
Jackson : "I'll - "
Mayor DiIanni : "Seconded by - "
Jackson : "- I'll Move the Mayor, Councillor Kelly."
Mayor DiIanni : "Now I'm fearful of taking a vote." (hear giggles from Council and gallery) "All in favour?" (hear councillors say carried) "That's carried." (hear someone say something and some more giggles)
"Any other comments on Correspondence? Seeing none, then Councillor Bratina, Correspondence, as dealt with."
Bratina : "Mr. Mayor, Moved by myself; Seconded by Councillor Bruckler that Council Communications 5.1 to 5.10 be approved as follows: 5.1 - Correspondence from Don Campbell - Do you want me to read the the whole - "
Mayor DiIanni : "Just say as dealt with, or - "
Bratina : " - as dealt with, Item 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9 and 5.10 that these, Move that this Communications be received - "
Mayor DiIanni : "Or dealt with, as indicated - " (Mayor suggesting this, as some items were not just received) "Thank you."
"Seconded by Councillor Bruckler. All in favour?" (hear councillors say carried) "That's carried. Thank you very much."
6. Committee Reports
(Move into COW - Bratina / Braden - CARRIED)
Mayor DiIanni : "Now, Councillor Bratina, may I have a Motion on, to move into the Committee of the Whole for consideration of Committee Reports.
Bratina : "Moved by myself; Seconded by Councillor Braden, that the Council move into Committee of the Whole for consideration of the Committee Reports."
Mayor DiIanni : "Thank you. All in favour of that?" (hear councillors say carried) "That's carried."
6.1 Public Works, Infrastructure and Environment Committee, Report 05-010, June 6, 2005
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Public-Works/2005/Jun06/Rep05-010.pdf )
(Mitchell / McCarthy - CARRIED - voted on after in camera session discussed Item #12)
Mayor DiIanni : "Councillor - the first committee report is the Public Works, Infrastructure and Environment Committee which presents its 10 th report and respectfully recommends item #1" (hear councillors say carried) "Item #2" (hear councillors say carried) "#3 . #8" (hear councillors say carried, and hear a glass clink) "Yes, # 7?"
Mitchell : "I believe I've got an amendment for #7 on this Road Hockey. I just wondered if that's this #7 and not #7 on ." (couldn't hear the last couple of words Councillor Mitchell used. Then hear someone say something off microphone) " - Public Works."
Mayor DiIanni : "Mr. Clerk, can you give us some direction?" (hear Clerk say something off microphone) "Okay, we'll sort that out - " (hear some talking off microphone) "You're okay?"
Mitchell : "Yup."
(hear someone, not sure who, say "section 7)
Mayor DiIanni : "All right. Section 7. All right. So, item #7, then?" (hear councillors say carried) "It's carried."
"Councillor Ferguson, on Item #8. Go ahead."
MOTION to REFER BACK to COMMITTEE - " 8. Glanbrook Sports Complex Master Plan PW05071) - (Ward 11 with City Wide Implications) (Item "C" Master Plan for the Glanbrook Sports Complex in the Public Works Infrastructure and Environment Committee Outstanding Business List) (Item 8.1)
(a) That the Glanbrook Sports Complex Master Plan redevelopment proposal be approved as per Appendix A attached hereto.
(b) That the total costs in the estimated amount of $6.2 million (2006 - 2010), for the Redevelopment of the Glanbrook Sports Complex be submitted through the City's 2006 - 2015 Capital Budget Plan for Council's consideration as illustrated in the following table (and Appendix B attached hereto):
Table 2.0 [see city's website]
Preliminary Phasing and Programming Schedule: 2006 to 2010 (See Appendix B attached hereto)
(This Schedule is subject to Annual Capital Budget Submissions, Council approvals, reserve accounts, and local development.)
(c) That Staff of the Planning and Economic Development Department be directed to designate and zone the undeveloped lands north of the Glanbrook Municipal Cemetery and Glanbrook Sports Complex as Open Space as part of the new Official Plan and Zoning By-law.
(d) That Staff of the Planning and Economic Development Department be directed to zone the undeveloped lands of the Municipal Cemetery to an appropriate Park/Open Space zone in the new Zoning By-law.
(e) That Staff of the Public Works Department be directed to work with the Ward Councillor to solicit community involvement in the planning, building, and financing of the project through advertising in the Glanbrook Gazette and other local papers and that Councillor Bruckler also be involved in the project.
(f) That Staff be directed to remove Item "C" Master Plan for the Glanbrook Sports Complex from the Public Works Infrastructure and Environment Committee Outstanding Business List."
Motion to Refer #8 back to PWIE
(Ferguson / Whitehead - CARRIED)
Ferguson : "Mr. Chairman, Item #8 refers to a planned park in Glanbrook Community Centre. The Glanbrook Community Centre now is a . " (couldn't hear the next couple of words used by the Councillor) "place.
"But, the recommendation to spend $6.2 million to a net increase of 6 point ." (didn't hear the next couple of words of the Councillor) "I'm afraid if we adapt this, this recommendation is ." (couldn't make out the next couple of word of the Councillor) cast that in stone."
"So, I'd like to refer it back to Planning and Ec Dev for more work."
Mayor DiIanni : "Okay. It's a referral Motion. I had recognized a couple of speakers. Do you want to hold that and, I'll take. Then I'll recognize first Councillor Whitehead. And then, Councillor Mitchell. And then we'll go to the referral motion, all right."
Whitehead : "Actually, Mr. Mayor, I support the tabling Motion, I just want to provide direction on that - "
Mayor DiIanni : "All right. So, hang on to your direction. Let's see what Councillor Mitchell has to say."
Mitchell : "Well, Mr. Mayor, we had a public meeting last night. And, what the public wasn't aware of, was that staff from the Public Works Department be directed to work with the Ward Councillor to solicit community involvement in the planning building and financing of the project through advertising in the Glanbrook Gazette (http://www.ccna.ca/database/details.asp?ID=2815) and other local papers and Councillor Bruckler also be involved in the project. And, that was passed at Committee."
"But, I think the fear that my public meeting had, was the $6.2 million. And, I mentioned it on the radio is too much at this time. And, I've had meetings with staff and Councillor Bruckler. And, all of us agreed that we take the project and continue on and be an awful lot more affordable. So, just, we're going to send it back to the table, have further meetings on it, and get the community more involved in it."
Mayor DiIanni : "So, it's not a tabling Motion; it's a referral Motion." (hear someone say "yes" but not sure who) "And, it's referring to which Committee?" (hear someone say something off microphone) "Back to PWIE."
"Moved by Ferguson; Seconded by Whitehead. All in favour?" (hear councillors say carried) "That's carried. Direction, Councillor Whitehead."
Whitehead : "Ya, at the same time, I wouldn't mind - I'm trying to understand what - apart from the size and the scope, in conjunction of the relationship in the east end the lack of facilities in the west end, I need to understand the context of how this decision was arrived in the first place."
"So, I wouldn't mind seeing that."
Mayor DiIanni : "Okay, well, I don't want to get into it. We tabled it [referred it] You've provided some direction. We're not going to get into a debate on it right now. There'll be plenty of opportunity for that later. But, you've noted your concern."
"Item #9" (hear councillors say carried) "# 10 . #11" (hear councillors say carried) "Councillor Collins."
COMMENT on - " 11. Hamilton Waterfront Recreational Trail - Pier 8 Easterly Extension (PW05070) - (Ward 2 with City Wide Implications) (Item 9.3) "
Collins : "Mr. Mayor, I just want to take this opportunity to thank Committee and Council for their support of the Waterfront Trail initiative. This recommendation here, will now link Cootes Paradise to the Haida in the City's west harbour. And, this really completes the waterfront trail Initiative along the water's edge, through that area. And, I think it will go a long way in helping us."
"We've talked about the problems we've had with Hamilton's image. And, I think a lot of what we've done on Hamilton's Waterfront, in regards to reclaiming former industrial lands, a park system that we have, our trail system, and everything else we have on the water, this is a key and important component of that. And, I wanted to thank Committee and Council - as well as the Hamilton Port Authority, who are partnering in this in terms of the funding."
"So, thank you to everyone who's been involved."
Mayor DiIanni : "Thank you. And, I was actually down there this afternoon just having a look at the great progress being made. The Waterfront Trust staff is working very hard . " (couldn't hear the next few words) "that met us. And, things are really ." (couldn't hear the Mayor's next few words)
"So, #11, then. All in favour?" (hear councillors say carried) "That's carried. #12" (hear councillors say carried) "Now, this is the - there are no comments on this? #12? Councillor Collins." (hear someone say something off camera) "Councillor Jackson."
COMMENT on - " 12. Request for Proposals Reference C11-11-05 - Waste Collection Services (PW04114b) - (City Wide) (Item 8.2) "
Jackson : "Well, Mr. Mayor, this is the request for proposals for the waste collection services recommending that National Waste Services be selected as the preferred proponent for the "B" zones which is half the City of Hamilton - the mountain area, which myself, Councillors Kelly and Whitehead represent, as well as 2 other areas of the City."
"And, Mr. Mayor, I just want to be recorded as opposed. I had some concerns from the Committee meeting last week on process. As well, we've got a couple of very good incumbent companies that have been providing good waste service in this community. And, it's just unfortunate the way the R of A [?] has gone that they will be phased out."
"And so, I just have a comfort level and a confidence level that isn't quite high as I would like it to be in order to support this. So, I would just ask that I be recorded as opposed to this item. Thanks, Mr. Mayor."
Mayor DiIanni : "That's fair enough. Councillor Collins."
Collins : "Mr. Mayor, along the same lines and not to reiterate what Councillor Jackson has said. But, I've learned from experience that when we ignore our own policies - especially our purchasing policies, we often-times find ourselves in a pile of trouble, whether it's months or years down the line."
"And so, for the very same reasons. I heard what our staff had to say, both in public open session and in camera. I'm very uncomfortable with the recommendation that's before us, for obvious reason. And, given legal advice, I'd like to take that. Unfortunately, the recommendation we have here isn't to do that. And, for those reasons, I'd like to be recorded as opposed."
Mayor DiIanni : "Councillor Ferguson."
Ferguson : "Were we at the same meeting?"
Mayor DiIanni : "Councillor Ferguson, make your point."
Ferguson : "My point is, is that it was an open process, and a 2-step process. There was an A and a B. The incumbent service provider didn't measure up. Therefore, item B - they didn't qualify for item B, which is financial."
"Six or seven million dollars is being bantered around in the press. We don't know if that number's accurate. That's coming from the proponent - because we never opened his financial package. He didn't - the incumbent didn't measure up technically. That's why the price was never revealed."
"But we - the City still doesn't know what its price is. I'm disappointed too, because Sheldrick's a good provider; they're a good service; very few complaints and I'm disappointed they didn't measure up. But, I suppose if they're looking for someone to blame, look in the mirror, because they didn't fill out the forms right."
Mayor DiIanni : "Councillor Bratina."
Bratina : "I wish to be recorded as opposed to this, as well, Mr. Mayor."
Mayor DiIanni : "Councillor Whitehead."
Whitehead : "Thank you, Mr. Mayor. And, I also would echo the fact that the current provider has been absolutely wonderful. And, I haven't had complaints. And, it's unfortunate that they didn't fill the forms out."
"One fact concerns me, though, Mr. Mayor, is that in this process what - the proponents being suggested also didn't fill out the forms properly, appropriately. And, that's my understanding. And, the reality is, they were given a chance to do so. And, I know that we had an internal bid, not long ago. And, it was disqualified because the, the. We had an internal bid that was disqualified because they didn't meet the technical requirements."
"And, that we adhere to, the purchasing policy of the day. And, my concern, Mr. Mayor, is that the purchasing policy, whether we like it, or not - and I think it needs to be reviewed, quite frankly. And, we've had that discussion earlier, today. I don't believe that we adhered to the purchasing policy. And, that's what concerns me, relative to the awarding for this particular contract."
"So ." (tape stopped, sorry)
Mayor DiIanni : " . Did you hear that, Mr. ." (didn't hear the word the Mayor used) " or Mr. ." (again, didn't hear the name the Mayor used) "I don't know who's going to take the lead on this - Mr. Barkwell, I guess, our lawyer."
Peter Barkwell - City Solicitor : "I think, Mr. Mayor, we're beginning to get into the area where - "
Mayor DiIanni : " - Ya, we are - "
Peter Barkwell - City Solicitor : " - recommend that we have that discussion in camera."
Mayor DiIanni : "Ya, we are. And, if people want to go back and have an in camera discussion because there are a whole bunch of - just for the press, for the public, here - there are a whole bunch of legal issues, as well, that we would need to explore in confidence because there are contracts and potential litigation that we'd need to get those answers."
"So, if people want to do that, we can defer this, to the end of the meeting and have that in camera discussion."
Merulla : "Also, Mr. Mayor with respect to . " (couldn't make out the most of Councillor Merulla's comments - not sure if he was speaking off microphone or just really softly on microphone) "I'm just wondering, now, whether or not under these circumstances, it would be ."
Mayor DiIanni : "Ms. Goodger."
Beth Goodger - Director, Waste Management : "Through you, Mr. Mayor, November of last year, we discussed the 50/50 cost model, by which we're comparing the public service providers to the private service providers. And, with that activity[?]-based costing model, we showed that the costs were quite similar between the public and private sector providers."
"And that actually, there were a lot of benefits to having a public/private split for the City so that it keeps us competitive and in the business, understanding the waste collection business and being able to provide that service ourselves, helps us work with our staff to encourage them to be more competitive. And, it also keeps the pencils sharp on the part of the private sector when they're working with us, as well."
"Based on the direction that we received last November, we got the direction to proceed with the 50/50 split and continue on that basis."
"So, it would mean revisiting the report that we, that was approved by Council last November. And, I mean, certainly we could look at doing those costing. But, it's really important that we move forward very quickly. If we plan to roll out the Green Cart program next April, we need to be buying trucks - whether it's us or the private sector, by the end of next month, if we hope to receive, get enough vehicles to provide the service. The composting facility is scheduled to open in April. So, we really need to be having materials to deliver to that facility."
MOTION to take item #12 in camera (at end of meeting)
(Merulla / Samson - CARRIED)
Merulla : (couldn't make out Councillor's first few words) " . we go in camera. I think we have . (again, couldn't hear what the Councillor said)
Mayor DiIanni : "Do you have a Seconder, for the Motion - Seconded by Councillor Samson. All in favour?" (hear some councillors say carried) "It's, I think that's carried. So 12 is deferred to the end of the meeting for the in camera session."
"Councillor Mm - well, let's not even take a vote on this until we deal with that item, then we'll come back to you, Councillor Mitchell, okay."
6.2 Planning and Economic Development Committee, Report 05-013, June 7, 2005
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/Jun07/Report%2005-013.pdf )
Mayor DiIanni : "So, Members of Council, I'm going to go to the Planning and Economic Development Committee, presents its 13 th report and Recommends Item #1" (hear councillors say carried) #2 . #8 (hear some councillors say carried, and a knocking noise) "#8, Councillor McCarthy."
COMMENT on - " 8. City Initiative - Consolidated Lot Development Regulations (PED05014) (City Wide) (Item 6.1)
That approval be given to City Initiative CI-05-E to amend the Town of Ancaster, Town of Dundas, Town of Flamborough, Township of Glanbrook, City of Hamilton and City of Stoney Creek Zoning By-laws, respecting the incorporation of regulations for Consolidated Lot Development, on the following basis:
(a) That the attached draft By-law, included as Appendix "A" to Report PED05014, which has been prepared in a form satisfactory to Corporate Counsel, be enacted by City Council.
(b) That the proposed regulation is in conformity with the Hamilton-Wentworth Official Plan and Town of Ancaster, Town of Dundas, Town of Flamborough, Township of Glanbrook, City of Hamilton and City of Stoney Creek Official Plans."
McCarthy : "Thank you, Mr. Mayor. Through you to the Planning department. Lee Ann, my understanding of this is that on this item, development on more than one lot is allowed to occur. And, it was primarily based on a mistake that happened in Stoney Creek from the original report. Could you elaborate for me, explain a little bit what the implications of this would be in terms of development that's already been approved?"
Mayor DiIanni : "Stoney Creek, of course, never made mistakes, Ms. Coveyduck. So, we want to point that out." (hear giggles from Council and public)
Lee Ann Coveyduck - General Manager, Planning and Development : "Yes, what this is, it's when you have 2 lots beside each other that abut, that are in the same title, but they are 2 separate holdings."
"What this amendment will allow is for a development to take place, even though they're in 2 separate titles under the same ownership without having to go through and get minor variances, because you do have a lot line down the middle, so you don't have to amend the lot line for side yards, etc."
"This provision was in the Stoney Creek by-law, and was inadvertently deleted. So, what we're trying to do, is not only put it back in the Stoney Creek by-law, but put it in the by-law for the whole City, because it does make a lot of sense. It's stream-lining. And, it really does save individuals from going to the Committee of Adjustment when, in fact, they're developing a parcel as if they're one lot."
McCarthy : "It's not an intensification, it's a clarification in terms of ." (didn't hear the word Councillor McCarthy used, here) " - entitlement."
Lee Ann Coveyduck - General Manager, Planning and Development : "That's correct."
McCarthy : "Thank you."
Mayor DiIanni : "All in favour of number 8, then?" (hear councillors say carried) "It's carried. #9" (hear councillors say carried) "That's carried. And now, #10" (hear councillors say carried) "That's carried."
See Part #2
Starting with Item #11 of - "Planning and Economic Development Committee," Report 05-013, June 7, 2005
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