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September 14/05 Report Part 1 of 4
7:00 pm (actual start at 7:06 pm )
Location: 60 Main St. , Dundas ( Former Town Hall )
(Council did not go In Camera at this meeting)
(adjourned @ 8:09 pm )
Members of Council:
- Mayor Larry DiIANNI (present) in 6:57 pm
- * Ward # 1 Brian McHATTIE (present) in 7:54 pm
- Ward # 2 Bob BRATINA (present) in 6:50 pm
- ** Ward # 3 Bernie MORELLI (present) in 7:18 pm
- Ward # 4 Sam MERULLA (present) in 6:58 pm
- Ward # 5 Chad COLLINS (present) in 6:58 pm , out 7:37 pm ; in 7:40 pm
- Ward # 6 Tom JACKSON (present) in 7:01 pm
- Ward # 7 Bill KELLY (present) in 6:50 pm
- Ward # 8 Terry WHITEHEAD (present) in 6:58 pm
- Ward # 9 Phil BRUCKLER (present) in 6:53 pm
- Ward #10 Maria PEARSON (present) in 6:54 pm
- Ward #11 David L. MITCHELL (present) in 6:53 pm
- Ward #12 Murray FERGUSON (present) in 6:57 pm
- Ward #13 Art SAMSON (present) in 6:57 pm
- Ward #14 Dave BRADEN (present) in 7:01 pm
- Ward #15 Margaret McCARTHY (present) in 6:57 pm
* Councillor McHattie was at a previously scheduled Ainslie Wood/Westdale Community Association of Resident Homeowners Inc. (AWWCA) Annual General Meeting where discussions took place regarding a number of Ward 1 issues in this area.
** Councillor Morelli was attending to a matter concerning residents.
Members of Staff:
- Peter Barkwell - City Solicitor
- Rose Caterini - Deputy Clerk/Manager of Legislative Services & Records
- Lee Ann Coveyduck - General Manager, Planning and Development
- Kevin Christenson - City Clerk
- Neil Everson - Executive Director, Economic Development
- Beth Goodger - Director, Waste Management
- Mario Joannette - Executive Assistant to the Mayor
- Jim Kay - General Manager, Emergency Services / Fire Chief
- Tim McCabe - Director of Development, Planning and Development
- Glen Peace - City Manager
- Joe-Anne Priel - General Manager, Public Health and Community Services
- Joe Rinaldo - General Manager, Finance and Corporate Services
- Irene Sturgeon - Legislative Assistant, City Clerk's Office
Members of the Media present :
- Doug Cameron - K-Lite FM
- Andrew Dreschel - Hamilton Spectator
- Eric McGuinness - Hamilton Spectator
- Ken Mann - CHML
- Kevin Werner - Brabant
COUNCIL AGENDA
(Mayor and Councillors were spiritedly piped into the Council meeting by Piper, Don Muir)
Call To Order
Mayor DiIanni : "Thank you. Please be seated. First I'd like to welcome . " (missed the next in the historic Town Hall of Dundas , very pleased to be here."
"I would like to thank the Piper - Don Muir for piping us in ." (could hear next few words Mayor said, but it was followed by giggles from Council and gallery)
"I would like to now call this meeting of City Council to Order. And, this meeting is the 3 rd in a series of Council meetings. This meeting's which we've been conducting in the former area municipalities. I'm pleased, to welcome, as I've said Council, staff and members of the public who've joined us this evening in Dundas ."
"We had the pleasure of being escorted, piped in this evening by Don Muir, or the Dundas Pipe Band. And, I thank him, again for having done that."
National Anthem
"After having asked you to sit down, I'm going to ask you to stand once again, and ask Maggie Szabo, a resident of Dundas to join me at the podium. And, I'm going to ask everyone to rise for the singing of our National Anthem." (Ms. Szabo sings the National Anthem - Council and Gallery join her. And, at the end of the singing, applause for Ms. Szabo.)
"Thank you ." (couldn't make out the next few words of Mayor, but he is thanking Ms. Szabo and gives a little bit of a background) " Highland Secondary School, as well. And, she always looked forward to events or concerts to sing the National Anthem. " (again, couldn't make out the Mayor's next few words)
Prayer
Mayor DiIanni : "I'd like to now invite, Reverend Rick Spies, of St. Paul 's United Church in Dundas ( http://stpaulsunitedchurchdundas.com ) to our Council meeting this evening."
"The Reverend Spies has been an ordained minister for 20 years. He was Pastor for Ancaster's Bowman-Bethesda United Church , the Eastern Townships of Quebec and he also taught in Zambia in Africa ."
"Welcome Reverend Spies, and would you lead us in prayer."
Reverend Rick Spies : "First, it's a pleasure to be with you all."
"Second, very happy to have the Council being here in Dundas . In our Church, when we have our Presbytery meetings, that covers a wide area, we go around from Church to Church, so as we cover all that section. And, people get to see me, just where they are. And, ." (couldn't make out Reverend's next few words) "It's really a wonderful thing I think that you're doing. I applaud you in that."
"Third - just a quick note - in our, one of the, a number of ." (couldn't make out Reverend's next few words) "just one. In our particular tradition, we look on those who are in elected office, very highly. I know it's hard work. And, I know you get lots of people in your face about lots of things. And, that's a part of the political process. I know, also, that you get people down on you a lot."
"What we look at in our Church, though, is that you people are - from our perspective - the shepherds of the people. You have a high calling, actually, and that is to tend to the welfare of the City, as a whole - all its people. And, in particular, those who are most vulnerable in the community."
"I would want to note, one initiative the City has undertaken and that's to look at matters that make Hamilton a city with a lot of poverty. And, I know our Paul Johnson, from our Wesley Urban Ministries (http://www.wesleyurbanministries.com/) has been seconded to that work. And, he certainly applauds you for that."
"Let's pray: God, we ask you to be present with this Council, as they look at the matters for tonight, and their minds might be clear, and their hearts faithful to the task that You have given to them, called them to do. We ask it all in Christ's Name. Amen."
Mayor DiIanni : "Thank you. Please be seated."
1. Approval of Agenda
(Pearson / Mitchell - CARRIED as Amended)
Mayor DiIanni : "Mr. Clerk, are there any Changes in the Agenda?" (all of a sudden there is this huge feedback from the speaker, people start giggling) "I was going to ask whether people were able to hear - " (hear more giggles from Council and gallery. Mayor starts to say something again, I couldn't make it out, sorry. But, more giggles follow) ". Can you hear in the back?" (hear someone - I think it was the Clerk - say, I'm not sure who, say 'They can hear you now' followed by more giggles) "Can you hear us; can you hear me now? Okay. Mr. Clerk, any Changes to the Agenda?"
Kevin Christenson - City Clerk : "Yes, thank you, Mr. Mayor. We have:
"an ADDED MOTION by Councillor Bratina on behalf of the Tsunami Relief Task Force, to be added as Item 7.3"
"We also have an ADDED IN CAMERA matter respecting the receiving of Legal Advice on a Golf Course Prequalification Process."
"And as well, Item 5.5 in Communications is Correspondence - a petition from residents of Montcalm Drive requesting eviction of tenants. The Recommendation is that this Item Be Received and referred to the General Manager of Public Health and Community Services for appropriate action. The petition, itself, has not been reproduced in your agenda for privacy reasons. The issue, itself, is to appropriate to refer to staff to report back on it."
Mayor DiIanni : "Thank you, Mr. Clerk. Members of Council, I now need a verbal Motion to approve the Agenda, as amended. Moved by Pearson; Seconded by Mitchell. All in favour? That's carried."
"Members of Council, may I have a verbal Motion to approve the Minutes of the City Council meeting held August 10 th , 2005 . Moved by Bruckler; Seconded by Collins - is there a question, here? All in favour of, to approve the minutes?" (hear councillors say carried) "That is carried."
2. Declaration of Interest
Mayor DiIanni : "Members of Council, are there any Declarations of Interest? Councillor Ferguson."
Ferguson : "Mr. Mayor, on Corporate Admin Committee, Items 1 and 2 . " (couldn't make out Councillor's next couple of words) " . purchasing and tenders."
Mayor DiIanni : "Items so recorded."
3. Ceremonial Activities
NONE
4. Minutes of the meeting of City Council held on:
4.1 August 10, 2005
http://www.myhamilton.ca/NR/rdonlyres/048B56A1-
0DDA-4B59-857A-9AFBC7C6A61F/0/Aug10_Minutes.pdf)
(Bruckler / Collins - CARRIED)
Mayor DiIanni : "Members of Council, may I have a verbal Motion to approve the Minutes of the City Council meeting held - ." (could make out exact wording of Mayor, but he realized that this was done above, before Declarations of Interest.)
5.1 Communications
(Ferguson / Samson - CARRIED, as Amended)
Mayor DiIanni : "Members of Council, Communications. Before I ask for a Motion on Communications, there are a number of Communications which require disposition by the Council. These are items 5.11 to 5.13."
"Is there a Motion on Communications, please." (hear someone say something off microphone) "Well, let's deal with these 3 items, first: 5.11? Councillor Merulla."
5.11 Correspondence from Cam Jackson, MPP, Burlington
respecting Dedication of Highway 403 as "Joseph Brant Parkway"
(http://www.myhamilton.ca/NR/rdonlyres/126C781E-8780-47AC
-98A9-88712A6E49D3/0/Sep14_item_511.pdf )
Recommendation: For the consideration of Council
(Merulla / Kelly - CARRIED as decided - "to receive")
(5.11-5.13, dealt with at the beginning of Communications)
Merulla : "So Moved."
Mayor DiIanni : "So, Communications 5.11 is from Cam Jackson, MPP, Burlington respecting the Dedicating of Highway 403, as ' Joseph Brant Parkway .' Members of Council, as you'll recall, that our Council has already taken a position on this matter. How do you wish to respond to this correspondence?"
Merulla : "Just Move to Receive."
Mayor DiIanni : "Moved by Merulla; Seconded by Kelly that we receive this. All in favour?" (hear councillors say carried) "That's carried."
5.12 Correspondence from Peter Smith, Chairman,
Go Transit respecting Toronto Air Rail Link Project
(http://www.myhamilton.ca/NR/rdonlyres/B14A3882-6E71
-4CBB-8FCB-705B82324547/0/Sep14_Item_512.pdf )
Recommendation: For the consideration of Council
(Braden / Bratina - CARRIED as decided - "to receive")
(5.11-5.13, dealt with at the beginning of Communications)
Mayor DiIanni : "5.12 from Peter Smith, Chairman of GO Transit, respecting Toronto Air [Rail] Link Project. And, this correspondence has been referred to us For Information. If there's discussion, we'll take it. If there isn't a further discussion, I'd like to have a Motion To Receive this. Councillor Braden; Councillor Bratina. All in favour?" (hear councillors say carried) "That, too, is carried."
5.13 Correspondence from Lorraine Heinbuch, Clerk, Corporation of the
Township of Wellington North respecting Ontario Municipal Partnership Fund
(http://www.myhamilton.ca/NR/rdonlyres/BAE1D494-D8BD-4A02-984B-
BB190939C5BA/0/Sep14_Item_513.pdf )
Recommendation: For the consideration of Council
(Bruckler / Kelly - CARRIED as decided - "to receive")
(5.11-5.13, dealt with at the beginning of Communications)
Mayor DiIanni : "And, the last item, 5.13, Communication from the Township of Wellington North requesting support for a Motion respecting the Ontario Municipal Partnership Fund. What is your pleasure on this item? Councillor Bruckler."
Bruckler : "Perhaps, if Mr. Rinaldo can perhaps give something on that program, information for us."
Joe Rinaldo - General Manager, Finance and Corporate Services : "Through you, Mr. Mayor, we're having discussions with AMO (Association of Municipalities of Ontario - http://www.amo.on.ca/AM/Template.cfm?Section=Home ) and the Province as to the starting point of this whole program. So, perhaps in the near future, I can provide an update to either the Corporate Administration Committee or Council as a whole."
Mayor DiIanni : "So, should we refer this to Corporate Admin, or should we receive this and get the update anyway?" (hear some comments off microphone) "Receive it and get the update anyway? Moved by Bruckler; Seconded by Kelly. All in favour of receiving?" (hear councillors say carried) "That's carried."
"Now, Councillor Ferguson, a Motion on Communications, as amended." (hear a glass clink)
"Sorry, go ahead Councillor Whitehead."
(COMMENT ON)
5.5 Petition from residents of Montcalm Drive requesting eviction of tenants
(http://www.myhamilton.ca/NR/rdonlyres/410E4AAE-71F4-489D-A691-
B279ACFF5181/0/Sep14_Item_55.pdf )
Recommendation: Be received and referred to the General Manager of Public Health and Community Services for appropriate action.
(CARRIED)
Whitehead : "Ya, I just wanted to give my support of 5.5."
Mayor DiIanni : "Go ahead."
Whitehead : "That's the Petition in respect to Montcalm. And, I was going to ask, if it'd be appropriate at this point, asks staff a couple of questions"
Mayor DiIanni : "Yes, absolutely, go ahead."
Whitehead : (couldn't make out 1 st phrase of Councillor's) " . Petition to deal with fault and negligence, the City-owned facility. So, the question I have is, what is the process in effect evicting an individual who's creating ." (again, couldn't make out Councillor's word) "havoc ." (again, couldn't make out Councillors last couple of words)
Mayor DiIanni : "Who was that question for?" (hear someone say something off microphone) "Ms. Priel."
Joe-Anne Priel - General Manager, Public Health and Community Services : "Through you, Mr. Mayor. I haven't seen the petition. So, I'm not sure, therefore, of the issues that are being raised in there. However, any issues that are raised by tenants are taken into due consideration by the Property Manager, the Supervisor and then the Director to determine the specific issue Councillor Whitehead - I'm not familiar with it."
Whitehead : " I appreciate that." (couldn't make out next couple of words) " . last question is. This is being forward -these recognitions forward back to the General Manager of Social Services."
"Can I have Joe-Anne just explain what happens from that point in respect to this particular petition?"
Joe-Anne Priel - General Manager, Public Health and Community Services : "Through you
Mr. Mayor, it's inappropriate to say, as I don't know any of the issues that have been raised in the petition. But, I mean, my first inkling would be ." (couldn't make out next word) "talk to the Director. And, just to get some history of what the issues are of the particular residents and what we've done to address them to this point."
"And then, get back to whoever is the lead on the petition."
Mayor DiIanni : "Thank you. Councillor, can we suggest that maybe once Joe-Anne familiarizes herself, she can then respond to you and to other Members of Council . " (couldn't make out the Mayor's next few words) "Okay."
"Thank you. Any other questions?" Seeing none, then, Councillor Ferguson."
Ferguson : "Moved by myself; Seconded by Councillor Samson, Council Communications 5.1 to 5.10 recommendations be approved - "
Mayor DiIanni : " - as amended."
Ferguson : " - as amended."
Mayor DiIanni : " - 5.1 to 5.13, as amended, right?"
Ferguson : "Ya, okay."
Mayor DiIanni : "Okay, all in favour of that?" (hear councillors say carried) "That's carried."
5.1 Correspondence from David Brown, Chair, Mississauga Traffic Safety
Council respecting Bill 169, the Transportation Statute Law Amendment Act,
2005-09-06
(http://www.myhamilton.ca/NR/rdonlyres/077422EB-D0F2-4BD5
-9832-912A13C10577/0/Sep14_Item_51.pdf )
Recommendation: That the correspondence be forwarded to the General Manager of Planning and Economic Development for a report to the Planning and Economic Development Committee
(CARRIED)
5.2 Correspondence from Janet Beckett, Clerk of the Corporation of the
City of Port Colborne respecting Eligibility for Lottery licensing
Municipal Museums and Public Libraries
(http://www.myhamilton.ca/NR/rdonlyres/445D6882-48CB-4BE9-96B8
-4AB7F9CCF011/0/Sep14_Item_52.pdf )
Recommendation: That the correspondence be forwarded to the General Manager of Planning and Economic Development for a report to the Planning and Economic Development Committee
(CARRIED)
5.3 Correspondence from Donna Lee Macdonald, Hamilton Artist's Inc.
respecting financial assistance for renovations
(http://www.myhamilton.ca/NR/rdonlyres/DB5332C8-CB43-428D-9B10-
F3124CB24249/0/Sep14_Item_53.pdf )
Recommendation: That the correspondence be forwarded to the General Manager of Finance and Corporate Services for a report to the Corporate Administration Committee
(CARRIED)
5.4 Correspondence from M. Toft, City Clerk, City of Toronto respecting
2005 Heads and Beds Levy on Institutions under Section 323 of the
Municipal Act, 2001
(http://www.myhamilton.ca/NR/rdonlyres/65B8C26A-71ED-433E-9933-
B469AFF1948F/0/Sep14_Item_54.pdf )
Recommendation: That the correspondence be referred to the General Manager of Finance and Corporate Services for a report to the Corporate Administration Committee
(CARRIED)
(5.5 see above - Commented on by Councillor Whitehead)
5.6 Correspondencefrom James Knight, CEO, FCM respecting
City of Hamilton/Hamilton Health ScienceBrownfield Re-development
(http://www.myhamilton.ca/NR/rdonlyres/801CAFCB-523A-475A-9303-
C9CB36B6FE2D/0/Sep14_Item_56.pdf )
Recommendation: Be received
(CARRIED)
5.7 Correspondence from the Honourable Scott Brison, Minister of Public
Works and Government Services, receiver General for Canada respecting
multi-use pathway to the Burlington Lift Bridge
(http://www.myhamilton.ca/NR/rdonlyres/8483B24E-30CA-4B94-885F-
EE2732164292/0/Sep14_Item_57.pdf )
Recommendation: Be received
(CARRIED)
5.8 Correspondencefrom the Honourable Sandra Pupatello, Minister of
Community and Social Servicesrespecting National Child Benefit Supplement
(http://www.myhamilton.ca/NR/rdonlyres/AE50C9FA-7EC3-48CA-84D5-
5B53838C08B7/0/Sep14_Item_58.pdf )
Recommendation: Be received
(CARRIED)
5.9 Resolution from the County of Brant respecting pension disparity of
local police service members who transferred to the Ontario Provincial
Police by contract
(http://www.myhamilton.ca/NR/rdonlyres/A85563F1-D41A-4535-92AF-
C710C99A8F8D/0/Sep14_item_59.pdf )
Recommendation: Be received
(CARRIED)
5.10 Correspondence from Carolann Fernandes and Don Jaffray,
Social Planning and Research Council respecting support for preservation of
the Robert Land School site on Wentworth Street North
(http://www.myhamilton.ca/NR/rdonlyres/173BB52A-7F4C-455C-AB3A-
85C3CE5B7120/0/Sep14_Item_510.pdf )
Recommendation: Be received
(CARRIED)
(5.11-5.13, dealt with at the beginning of Communications)
6. Committee Reports
Mayor DiIanni : "Councillor Ferguson, as Motion to move into Committee of the Whole for consideration of the committee reports, please."
Ferguson : "Moved by myself; Seconded by Councillor Samson that Council move into Committee of the Whole for consideration of the committee reports."
Mayor DiIanni : "Thank you. All in favour?" (hear councillors say carried) "That's carried."
6.1 Public Works, Infrastructure and Environment Committee,
Report 05-012, September 12, 2005 (to be distributed)
(http://www.myhamilton.ca/NR/rdonlyres/BCF51B2E-6775-4127-A0A5-
EDB1816AE014/0/Sep12Report05012.pdf )
(Mitchell / Pearson - CARRIED)
Mayor DiIanni : "Members of Council, the Public Works, Infrastructure and Environment Committee presents its 12 th report and recommends: Item #1" (hear councillors say carried) "#2 - Councillor Mitchell, I understand you have an amendment - oh, 3 - 2, let's take one on 2, first." (hear councillors say carried) "#3, Councillor Mitchell, you're amendment, please."
REQUEST TO AMEND - " 3. City's New Sewer Lateral Management Program (TOE02203c) - (City Wide) (Item 9.1)
That the City proceed with implementation of the Sewer Lateral Management Program as approved by Council on March 23, 2005 . "
Mitchell : "Yes, Mr. Mayor, Item #3 . " (goes on to read amendment as noted below)
AMENDMENT to Item #3
"That Item #3 of Public Works, Infrastructure and Environment Committee Report 05-012 respecting the City's new Sewer Lateral Management Program be amended by deleting the motion in its entirety and replacing it with the following in lieu thereof:
'That Report TOE0223c respecting the City's New Sewer Lateral Management Program be received for information.'"
(Mitchell / Pearson - CARRIED)
"And, I have a motion later in the Council meeting."
Mayor DiIanni : "Thank you. Who Seconded that?"
Mitchell : "Councillor Pearson."
Mayor DiIanni : "Thank you. Any questions or comments on that? All in favour of that amendment, then?" (hear councillors say carried) "That's carried."
"Item #4" (hear councillors say carried) "#5 . #7" (hear councillors say carried)
"Councillor Mitchell, may I have a Motion on the Report, please."
Mitchell : "Thank you, Mr. Mayor. Moved by myself; Seconded by Councillor Pearson that the 12 th report of the Public Works, Infrastructure and Environment Committee be adopted and the Information Section received."
Mayor DiIanni : "Thank you. All in favour?" (hear councillors say carried) "That's carried."
See Part #2
Starting with Committee Reports Item 6.2 - "Planning and Economic Development Committee," Report 05-018, Sept. 6, 2005
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