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September 14/05 Report – Part 2 of 4
(Continued from Part #1 ending with Committee Reports Item #6.1 "Public Works, Infrastructure and Environment Committee" Report 05-012, Sept 12, 2005)
6.2 Planning and Economic Development Committee, Report 05-018,
September 6, 2005
(http://www.myhamilton.ca/NR/rdonlyres/D1D88A4D-0590-4C25-BA3E-
2E1B04BB75A5/0/Sep06Report05018.pdf )
(Whitehead / Pearson - CARRIED (as amended))
Mayor DiIanni : "Members of Council, the Planning and Economic Development Committee presents its 18 th report and recommends Item #1" (hear councillors say carried) "#2 . #5" (hear councillors say carried and hear a glass clink) "#5, question before we vote on that? Go ahead, Councillor Morelli."
REQUEST TO AMEND - " 5. Demolition Permit - 11 Tisdale Street South (PED05098) (Ward 3) (Item 5.5) That the Director of Building and Licensing be authorized and directed to issue a demolition permit for 11 Tisdale Street South in accordance with By-Law 74-290 pursuant to the demolition control provisions of Section 33 of The Planning Act, as amended, subject to the applicant entering into and receiving a Site Plan Agreement approved by the Planning and Economic Development Department "
(as well as Items 6, 7, 8, 9, and 10 in the same manner)
(amendment to replace 'receiving a Site Plan Agreement' with 'not requiring a Site Plan Agreement)
(Morelli / Seconder who? - amendment CARRIED for Items 5, 6, 7, 8, 9, and 10)
Morelli : "Mr. Chairman, I apologize for being late. ." (couldn't make out Councillor Morelli's next words, but he was at a meeting with residents) and I apologize for being late. Having said that, when you look at 5, Item #5 - it all covered 6, 7, 8, 9, and 10 - this involves the permit of demolition at the 'No Frills' site ." (couldn't make out Councillor Morelli's next few words) "Down at Tisdale and Main."
"And, one of the things that I've been asked, or like to do, is you'll see that the approval of this demolition permit, is dependent and conditional on entering into receiving a site plan agreement."
"I would like to amend that to 'not requiring a Site Plan Amendment' [I think Councillor Morelli may have meant to say 'agreement' as opposed to 'amendment' here] it would be consistent, by the way, with the . " (couldn't make out the name used by Councillor Morelli) "Property, with is at the Automobile Club."
"And, I have talked and spoken to Planning and Development. And, I think Lee Ann, if I could though you, as Chair, ask that Lee Ann, it's my understanding that the ." (couldn't make out Councillor Morelli's next couple of words) "that whatever is to come forward, in terms of the future, and that's another expanded parking area, which I believe it is, that it will be subject to site plan control anyway. And so, that condition needs to be satisfied. So, I'd like to remove that condition under 5, and that would be the same amendment that I would want to make for 6, 7, 8, 9, and 10."
"If you don't need Lee Ann, then I'd like to make that ." (couldn't make out Councillor Morelli's next couple of words)
Mayor DiIanni : "I'll accept the amendment. But, you asked a question. Ms. Coveyduck, did you have a response?"
Lee Ann Coveyduck - General Manager, Planning and Development : "Yes, Site Plan Control approval is required. And, the ." (couldn't make out Ms. Coveyduck's next word) "that the Councillor's putting forward have to request a recommendation that staff put before Planning and Economic Development Committee."
Mayor DiIanni : (hear someone say something off microphone) "Thank you. So, we have our Seconder. Motion moved and Seconded. And, it's a Motion that's the same for 5, 6, 7, 8, and 9, Councillor?"
Morelli : " - and 9 and 10."
Mayor DiIanni : "10. ." (couldn't make out Mayor's next word) "with those. Mr. Clerk, just a response."
Kevin Christenson - City Clerk : "Mr. Mayor, you should go through them individually."
Mayor DiIanni : "All right, on 5, then, as amended. All in favour?" (hear councillors say carried) "On 6" (hear councillors say carried) "7 . 10" (hear councillors say carried) "Thank you."
"#11? (hear councillors say carried, as well as a glass clink) "Councillor Kelly."
REQUEST TO TABLE - " 11. Demolition Permit - 550 Rymal Road East (PED05104) (Ward 7) (Item 5.11) That the Director of Building and Licensing be authorized and directed to issue a demolition permit for 550 Rymal Road East in accordance with By-Law 74-290 pursuant to Section 33 of The Planning Act as amended, subject to the following conditions;.
- that the applicant has applied for and received a building permit for a replacement building on this property;
- that the said building permit specifies the replacement building be erected within two years of the demolition of the existing building on this property;
- that the said building permit for the replacement building specifies if such replacement building is not erected within the said two-year time limit, that the City be paid the sum of $20,000;
- that the applicant be required to register on title to the subject property (prior to issuance of the said demolition permit), notice of these conditions (including the directions to the City Clerk outlined in sub-section (e)) in a form satisfactory to the Director of Building and Licensing and to the Director of Legal Services and Corporate Counsel; and,
- that if the said replacement building is not erected, as required, the City Clerk be authorized to add the said sum, until payment thereof, as a lien or charge upon the property until paid."
(Kelly / Whitehead - CARRIED)
Kelly : (couldn't make out Councillor's first number of words) ". of other areas of the City that upon demolition there be another building constructed, within 2 years. And, I agree with that, in principle - because obviously, we're very concerned about housing stock. But, with the development in that particular survey, just for people ." (couldn't make out Councillor's next couple of words) "future road allowance, as opposed to there will be a group of houses. I going to respectfully ask the Chairman of the Committee - can we table this for 2 weeks and get some clarification on that, which will allow me to talk to staff about that?"
Mayor DiIanni : "Seconded by - "
Kelly : "Councillor Whitehead."
Mayor DiIanni : "Councillor Whitehead. That's fine. And, all - so, it's a tabling Motion - all in favour of that?" (hear councillors say carried) "That's carried. Two weeks of direction to staff for more clarification and get back to Council."
"#12, Advisory Committee Minutes?" (hear councillors say carried) "#13" (hear councillors say carried) "#14 . #15" (hear a glass clink) "On 15, Councillor Ferguson."
REQUEST TO TABLE - " Applications for a Draft Plan of Subdivision Known as 'Big Creek Estates' and for a Change in Zoning for Lands Located on Part of Lot 39, Concession 3, Municipally Known as 446-450 Hamilton Drive (Ancaster) (PED05095) (Ward 12) (Item 6.2) "
(Ferguson / Merulla - CARRIED)
Ferguson : "Mr. Chairman, I'd like to move that we table this for 2 weeks that to allow me time to discuss the issue with . " (couldn't make out Councillor Ferguson's last word)
Mayor DiIanni : "Seconded by Councillor Merulla, tabling Motion for 2 weeks, again. All in favour?" (hear councillors say carried)
"Thank you, #16" (hear a glass clink) "Councillor Mitchell."
COMMENT ON - " 16. Delegation - Renzo Bandiera respecting diversion of storm sewer water and water from the sanitary sewer trenches from the new Fifty Point Subdivision to the existing properties on Lochside Drive (approved by Committee on June 21, 2005) (Item 6.4) That the concerns raised by Renzo Bandiera, and others, during their delegations to Committee on September 6, 2005, be addressed as follows:
- That Public Works staff be directed to review the information provided and provide a written report to Public Works Infrastructure and Environment Committee on October 17, 2005.
- That Planning and Economic Development staff be directed to review the information provided and to report back to Committee with an interim verbal presentation on September 20, 2005 and with a written report October 18, 2005."
Mitchell : "Mr. Mayor, I have residents that didn't attend that day and they sent in written submissions that I will be sending to the Clerks Department on this issue . " (couldn't make out Councillor Mitchell's next couple of words) "they can be forwarded to the Clerks Department tomorrow."
Mayor DiIanni : "Okay. But, you're okay with the disposition. All right. #16, all in favour?" (hear councillors say carried) "It's carried. #17" (hear councillors say carried) "#18 (hear councillors say carried and hear a glass clink) "On number 19 or, on number 18, let's go back."
COMMENT ON - " 18. Declaration of Surplus Lands/Sale, Carnegie Gallery - 10 King Street West, Dundas, ON (PED05090) (Ward 13) (Item 8.2)
a) That the City owned property (see Appendix "A" to Repot PED05090) municipally known as 10 King Street West, in the former Town of Dundas and described as Lot 11, Registrar's Complied Plan 1403, now in the City of Hamilton, be declared surplus to the requirements of the City of Hamilton in accordance with the 'Procedural By-law for the Sale of Land,' being By-law No. 04-299.
b) That the Planning and Economic Development Department, Development and Real Estate Division, be authorized and directed to sell the subject property in accordance with the 'Procedural By-law for the Sale of Land,' being By-law No. 04-299.
c) That the Planning and Economic Development Department, Development and Real Estate Division, be authorized and directed to provide The Carnegie Gallery Foundation the first right to the acquisition of the real property, subject to conditions contained within this report, for the sum of $250,000 through a reverse mortgage with the City of Hamilton; and that the funds derived from this sale, subject to adjustments, be credited to Account 47702-3560150200.
d) That the Mayor and Municipal Clerk be authorized and directed to execute and issue a Certificate of Compliance in the form prescribed, pursuant to Section 193 of the Municipal Act."
Samson : "I'd just like to comment on Item 18. This is an extremely creative solution that, we have a situation where we had a partnership, the City and a non-profit organization - the Carnegie Foundation. And, this has turned this into around, which a year ago at this time ." (couldn't make out Councillor Samson's next couple of words) "It's just the building which we had the reception in that will be sold to the highest bidder, through the work of our Real Estate department - Manager Tim McCabe."
"We have a situation where we're going to have the actual Market Value for that particular building. And, there'll be a 1 st mortgage on it, which means that any improvements, which are made in light of improvement, will come off the $250,000."
"And, the organization has 10 years to pay that money and I'm very confident that it'll be paid off long before the 10 years."
"Again, I'd like to acknowledge Tim McCabe, who is with us, this evening. And, Nancy Braid (Sp?) from the Arts and Culture. An occasion, on Friday night, the group was celebrating its 25 th anniversary. So, I'm very pleased to be able to go there with that news."
"I mentioned on Friday night I wouldn't have wanted to be there if I didn't have good news." (hear giggles from Council and gallery) "I may not have gotten out of it. The Mayor was supposed to be there . " (couldn't make out the next couple of words of Councillor. But, it was followed by more giggles from Council and gallery) "It's safe to go, there . "(couldn't make out next couple of words of Councillor, but again, followed by more giggles)
"So, once again, I think it's great news for the ." (couldn't make out the Councillor's last couple of words. But, it was followed by applause)
Mayor DiIanni : "Councillor Whitehead."
Whitehead : "Thank you, Mr. Mayor. First of all, I'd like to comment that ." (couldn't make out Councillor Whitehead's next couple of words) "and commit to seeing this process through."
"So, I want to acknowledge Councillor Samson for the work that he's done on this particular initiative. And, I don't think it's by any coincidence that we see this particular report and recommendation that's here, today when inside Dundas City Hall, where it all began."
"So, I want to give my support for a job well done. Thank you." (hear more applause)
Mayor DiIanni : "In fact, I was going to acknowledge Councillor Samson's hard work on this, as well. And, I think the exact . " (couldn't make out the Mayor's next few words) "Kudos to staff, as well for having done this very important . " (couldn't make out Mayor's next couple of words) "right from the beginning. I'm glad you have found the right disposition for the community and for the ." (couldn't make out Mayor's next couple of words)
"I've asked staff, now, to turn there attention to Memorial Hall. We need a creative solution there, as well."
"So, on #18. All in favour?" (hear councillors say carried) "That's carried. #19?" (hear councillors say carried) "#20 . 21" (hear councillors say carried)
"Number - Councillor Whitehead, a Motion on the Report, please, as amended."
Whitehead : "Moved by myself; Seconded by Councillor Pearson that the 18 th report of the Planning and Economic Development Committee be adopted, and the Information Section received."
Mayor DiIanni : "All in favour?" (hear councillors say carried) "It's carried. Thank you."
6.3 Corporate Administration Committee, Report 05-012, September 7, 2005
(http://www.myhamilton.ca/NR/rdonlyres/94C952E4-5B68-4712
-B369-F0889997DAAD/0/Sep07Report05012.pdf )
(Braden / Bratina - CARRIED (as amended?))
Mayor DiIanni : "Members of Council, moving onto the Corporate Administration Committee which presents it's 12 th report and recommends Item #1" (hear councillors say carried) "#2 . #15" (hear councillors say carried) "And, Councillor Whitehead, I understand you have an amendment to #16."
REQUEST TO AMEND - " 16. Request for Funding for Special Duty Police Officers (New Business) (No Copy)
- That $1,500 be approved for a pilot project for police officers to assist Mohawk College to patrol the neighbourhoods in the vicinity of Mohawk College during the student initiation period;
- That staff be directed to identify a source of funding prior to the September 14, 2005 Council meeting. "
ORIGINAL AMENDMENT TO:
- " by adding the words, 'an amount up to' prior to '$1,500'"
- " by deleting sub-section (b) in its entirety and replacing it with the following in lieu thereof: 'That such amount be absorbed from within the 2005 Operating Budget.'"
ACTUAL FUNDING REQUEST FROM THE CITY after Mover's statement: "$500"
(Whitehead / Collins - CARRIED)
Whitehead : "Well, the vision is, Mr. Mayor, is that originally Corporate Services, I expected they'll be needing $1,500 to assist in a multi-dimensional approach to dealing with issues approach to dealing with issues around Mohawk College."
"The good news is that the Mohawk Association, sorry, Student Association and Mohawk College has come up and stepped up to the plate. The original request is 'up to $1,500.' The actual request from myself on behalf of the City will be $500."
"So, that's the good news, so, Madam Clerk, it'll be a direct ask of $500." (hear Clerk say something off microphone)
Mayor DiIanni : "Thank you. So, that's the amendment, then; Seconded by Councillor Collins. On the Amendment - any questions or comments? All in favour?" (hear councillors say carried) "That's carried."
"On #16, then, as amended?" (hear councillors say carried) "That's carried."
"Councillor Braden, a Motion."
Braden : "Mr. Mayor, Moved by myself; Seconded by Councillor Bratina that the 12 th report of the Corporate Administration Committee be adopted . " (couldn't make out the rest of Councillor's words)
Mayor DiIanni : "Thank you. All in favour?" (hear councillors say carried) "That's carried, as well."
6.4 Strategic Planning and Budgets Committee Report 05-008, September 7, 2005
(http://www.myhamilton.ca/NR/rdonlyres/1ACF88E4-C618-4D76
-B67F-AAB1872518CC/0/Sep07_Report05008.pdf )
(Merulla / Morelli - CARRIED)
Mayor DiIanni : "Members of Council, the Strategic Planning and Budgets Committee presents it's 8 th report and recommends Item #1" (hear councillors say carried) "#2 . #7" (hear councillors say carried) "Councillor McHattie's not here" [at the time the report was voted on Councillor McHattie wasn't at Council meeting, but he was able to attend the meeting] "May I have Councillor Merulla, please, for a Motion."
Merulla : "Moved by myself; Seconded by Councillor Morelli that the report of the Strategic Planning and Budgets Committee be adopted and the Information Section received."
Mayor DiIanni : "Thank you. All in favour?" (hear councillors say carried) "That's carried"
6.5 Community Services Committee Report 05-009, September 13, 2005 (to be distributed)
(agenda only right now: http://www.myhamilton.ca/Hamilton.Portal/Inc/PortalPDFs/ClerkPDFs/
Community-Services/2005/Sept13/Sep13-Agenda%2005-009.pdf )
(Bruckler / Collins - CARRIED)
Mayor DiIanni : "Members of Council, the Community Services Committee presents its 9 th report and recommends Item #1" (hear councillors say carried) "#2 . "#4" (hear councillors say carried) "Councillor Bruckler, please."
Bruckler : "Moved by myself and Seconded by Councillor Collins that the 9 th report of the Community Services Committee be adopted and the Information Section received."
Mayor DiIanni : "All in favour?" (hear councillors say carried) "That's carried. Thank you."
6.6 Licensing Committee Report 05-007, September 1, 2005 (to be distributed)
(copy distributed at Council meeting)
(Merulla / Morelli - CARRIED)
Mayor DiIanni : "Item 6.7, now." (actually, Item 6.6 on the agenda) "And, Council, the Licensing Committee presents its 7 th report and recommends item #1" (hear councillors say carried) "#2 . #3" (hear councillors say carried) "Councillor Merulla, please."
Merulla : "Thanks, Mr. Mayor. Moved by myself and Seconded by Councillor Morelli, that the 7 th report of the Licensing Committee be adopted and the information section be received."
Mayo DiIanni : "Thank you. All in favour of that?" (hear councillors say carried) "That is carried."
7. Motions
Mayor DiIanni : "Council, there are now some Motions."
7.1 Motion to reconsider and amend Item 1 of Planning and Economic
Development Committee Report 04-018 respecting Demolition
Permit - 772 Concession Street
(http://www.myhamilton.ca/NR/rdonlyres/12BA9F05-4F1C-4268
-B347-B5F1708B37C1/0/Sep14Item71aandb772Conession.pdf )
Mayor DiIanni : "And, there's a Motion to reconsider and amend Item 1 of the Planning and Economic Development Committee Report respecting Demolition Permit - 772 Concession."
"Councillor Jackson, may we have a Motion to reconsider - and this requires a 2/3's majority vote."
7.1 (a) MOTION to RECONSIDER - " That Item 1 of Planning and Economic Development Committee Report 04-018 respecting Demolition Permit - 772 Concession Street (PD04267) be reconsidered.
1. Demolition Permit - 772 Concession Street (PD04267) (Ward 6) (Item 5.1)
That the Director of Building and Licensing be authorized and directed to issue a demolition permit for 772 Concession Street in accordance with By-Law 74-290 pursuant to Section 33 of The Planning Act as amended, subject to the applicant entering into and receiving a Site Plan Agreement approved by the Planning and Development Department. "
(Jackson / Whitehead - CARRIED, unanimously)
Jackson : "Thank you, Mr. Mayor. Moved by myself, and Seconded by Chairman of the Committee, Councillor Terry Whitehead: That Item 1 of Planning and Economic Development Committee Report 04-018 respecting Demolition Permit at 772 Concession Street be reconsidered ."
(Couldn't make out the next few words of Councillor Jackson) " . my explanation of the reconsideration, why I asked for this? Thank you."
Mayor DiIanni : "All in favour, then - " (hear councillors say carried, as well as hear someone say something else before the vote, but couldn't make it out) "That carries. Go ahead, Councillor." (hear someone, not sure who if that vote carried with 2/3's majority) "It was unanimous." (hear a few giggles from Council and gallery)
7.1 (b) MOTION TO AMEND - " That Item 1 of Planning and Economic Development Committee Report 04-018 respecting Demolition Permit - 772 Concession Street (PD04267) be amended by deleting the words " , subject to the applicant entering into and receiving a Site Plan Agreement approved by the Planning and Development Department." to read as follows:
1. Demolition Permit - 772 Concession Street (PD04267) (Ward 6) (Item 5.1)
That the Director of Building and Licensing be authorized and directed to issue a demolition permit for 772 Concession Street in accordance with By-Law 74-290 pursuant to Section 33 of The Planning Act as amended. "
(Jackson / Whitehead - CARRIED)
Jackson : "Thank you. Moved by myself, Mr. Mayor, and Seconded by the Chair of the Committee, Councillor Terry Whitehead that ." (Councillor Jackson goes on to present his amendment, as noted above, as 7.1(b))
"Mr. Mayor, just briefly, the previous Motion, several months ago, required a Site Plan. This whole house, which has been vacant for a while, now, is dilapidated and deteriorating and a concern of the owner and the neighbourhood is that it now posing a safety hazard, God forbid."
"So, instead of holding it up for a Site Plan, which the owner of the property's not sure of what he might do with it in the future, we're trying to remove the safety hazard by getting on with the demolition at this time. Thank you, Mr. Mayor."
Mayor DiIanni : "Okay. Any other questions or comments? All in favour, then, of the amendment, er the amended recommendation - we're all clear with that?" (hear councillors say carried) "It's carried. Thank you."
7.2 Motion respecting amendment to the Sewer Lateral Management Policy
(http://www.myhamilton.ca/NR/rdonlyres/C0EF86C6-5379-45EB-91D7-
6AFFD89E69D6/0/Sep14Item72MotionSewerLaterals.pdf )
Mayor DiIanni : "Councillor Mitchell, a Motion respecting the amendment to the Sewer Lateral Management Policy."
7.2 MOTION TO AMEND - " Implementation of a Sewer Lateral Management Policy (City Wide)
(TOE02203(b))
That Item 5 of Public Works, Infrastructure and Environment Committee Report 05-005, approved by Council on March 23, 2005, respecting Implementation of a Sewer Lateral Management Policy, be amended as follows:
(a) by deleting September 30, 2005 from subsection (a), being the effective date of the policy, and replacing it with October 31, 2005 [friendly amended to November 30, 2005] in lieu thereof;
(b) by deleting September 30, 2005 from subsection (c), being the date repealing the City's "Sewer Lateral Tree Root Policy", and replacing it with October 31, 2005 [friendly amended to November 30, 2005] in lieu thereof. "
(Mitchell / Pearson - CARRIED)
Mitchell : "Thank you, it's Moved by myself and Seconded by Councillor Pearson . " (Councillor Mitchell goes on to present the Motion of amendment, 7.2, as above) "Now, November 30 th is not what is" (couldn't make out Councillor's next word) "on everybody's blotter. But, Mr. Mayor, that's a friendly amendment, we discovered it today and it was agreed to by Committee members and staff. They would be able to report back . " (couldn't make out Councillor's next couple of words)
Mayor DiIanni : "Thank you. Any other questions or comments? All in favour?" (hear councillors say carried) "That's carried."
See Part #3
Starting with (added) Motion 7.3 "Respecting Tsunami Relief Task Force"
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