October 26/05 Report – Part 2 of 5

(Continued from Part #1 that ended with Ceremonial Activities Item 3.4 - "Presentation - Trillium Awards")

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

4.1 October 12, 2005
(http://www.myhamilton.ca/NR/rdonlyres/2519258C
-1183-44BB-8130-7B4BAEE7BA93/0/Oct12Minutes.pdf )
(Mitchell / Morelli - CARRIED)

Mayor DiIanni : "Members of Council, may I now have a verbal Motion to approve the Minutes of the City Council Meeting held on October 12 th , 2005 . Mitchell; Morelli. All in favour?" (hear councillors say carried) "That's carried."

5. Communications
(Jackson / Kelly - CARRIED)

Mayor DiIanni : "Under Communications, Members of Council, before I ask for a Motion on Communications, there's one communication item which requires disposition by Council - namely, 5.4."

5.4 Correspondence from Michael Desnoyers and Jack Santa Barbara, Hamiltonians for Progressive Development respecting expansion of the urban boundary and a request for Council to reconsider its decision
(http://www.myhamilton.ca/NR/rdonlyres/14BD2AA4
-7BA1-47D7-B64F-63B7D8513E26/0/Oct26Item54.pdf )
Recommendation: For the consideration of Council
Recommendation after discussion : to be received"
(Merulla / Morelli - CARRIED)

Mayor DiIanni : "I've had a request that this communication be received only. And, it's 'Correspondence from Michael Desnoyers and Jack Santa Barbara, Hamiltonians for Progressive Development respecting expansion of the urban boundary and a request for Council to reconsider its decision.' The recommendation that this be received." (hear a few Councillors say something off microphone) "Moved;" (hear a glass clink) "Seconded. On the Communication, Councillor McHattie. And then, I'll recognize the other speakers, as well. Councillor McHattie."

McHattie : "Mr. Mayor, just on that item, what we just received. It's clear to me that Council's not necessarily going to change their position on that issue, the Aerotropolis issue. But, I think one of the prime questions that, that group is asking is that the process by which we'll discuss the issue in the future and have the public involved in the decision, as it goes forward."

"So, I'd like to suggest that we reply to that group and provide them with an opportunity to meet with, perhaps, yourself, Mr. Mayor. And, maybe they already have, I think. But, maybe a second meeting. Or, I'd certainly like to be involved in a meeting to talk about the process going forward, so they can feel that - apart from Council agreeing to step away from the Aerotropolis, that they understand what the process is; and, there's opportunities for public input. So, rather than just receiving it, I'd like to provide that direction that we meet with the group. And, I'd certainly like to be part of that - "

Mayor DiIanni : "Sure. "

McHattie : " - if we were to be able to arrange that meeting."

Mayor DiIanni : "Certainly. We can certainly arrange that. I do have a number of speakers. Councillor Samson."

Samson : "Yes, your Worship, with regard to 5.1 and the - "

Mayor DiIanni : "We're on 5.4. We'll go back to 5.1."

Samson : "Go back to 5.1"

Mayor DiIanni : "Still on 5.4. I have speakers on that. Councillor Braden."

Braden : "Mr. Mayor, I do think it would be a good idea to engage this particular group. I think it's - leaving here and not answering that, whether or not it was a letter. Or, whatever the format was. I think, we want to do better than that. So, I think if we follow Councillor McHattie's decision, I think that would be a good one."

"I just want to say, that there's a thing that I think - certainly bothers me. And, perhaps it will be able to be dealt with in this exchange if we pursue this. In the debate we heard - and I just will make this quick - this would not be a burden in anyway on the tax levy. And, the idea was this was going to be levy-free - separate from, probably through the use of development charges."

"Then, I believe, sir, you - and please correct me if I'm wrong - But, at the end of the debate, I think your words were something like: this isn't going to cost us anything. But, we have to live up to our responsibilities. And, I'm not sure. And perhaps, you could help us out with that."

"A few days later, and in fact, there was an article in one of the - well, the daily newspaper. And, I think it was insinuating, it was insinuating, sir, that you had said, well, it's not going to cost $100 million. But, it's going to cost something. So, we're in."

"I think the fact that we seem to be somewhat all over the map about this, just spells a bad message. So, I think that we, as a corporation, need to be clear, whether or not, there are financial implications that are reasonable or unreasonable, so that we can clear the air."

"I'm of a particular opinion - my opinion is not so important - but I think the varying messages are something that we have to put an end to. And, we need to speak with a single voice. And, I think for that, we need staff to generate some numbers."

Mayor DiIanni : "Indeed. I mean, I can answer that. I've given you some latitude. But, this is a correspondence item. So, if you want to have debate on that under new business." (hear Councillor Braden say something off microphone) " - you've made your point. And, indeed, a consistent message is very important."

"Did you want to address the reason, Mr. McCabe, before the response, or not response, thus far. I do have Councillor Bratina and McCarthy, as well."

Tim McCabe - Director of Development and Real Estate : "Ya, in answer to your question, Mr. Mayor, there's 2 points here. First, because it is a referral to the Ontario Municipal Board, we're under litigation. This letter was received a month after the appeal to the litigation started at that point."

"The letter, as drafted, didn't really ask for a response. It was directed as a position. And, they've set their position. And, we've set our position based on Council's decision. And, we're going to have to take it from there."

Mayor DiIanni : "We can certainly meet about process. That's not a problem. I'll undertake to arrange that."

"Just noticed that Police Chief Brian Mullan is with us, this evening. I want to recognize you, Chief Mullan. It's always a pleasure to see you here." (hear applause from Council and gallery)

"Councillor Bratina."

Bratina : "Mr. Mayor, Tim McCabe answered my question. Thanks."

Mayor DiIanni : "Councillor McCarthy."

McCarthy : "Mr. Mayor, would we not ask the organization to come and make a presentation to all of Council so that we can hear what their concerns are and address them at the time?"

Mayor DiIanni : "We can do that. The issue is that there is a quasi-judicial process that's being undertaken right now. And, we need to, by law, allow that to occur."

"I think that, let's meet and talk about process. And, Councillor McHattie will be there. And, we'll see where we go from there. Okay?"

"Councillor Mitchell."

Mitchell : "Mr. Mayor, therefore it being in my Ward, I'd volunteer my time to be there with you, as well." (hear a glass clink)

Mayor DiIanni : "We'll invite you there."

"Councillor Whitehead."

Whitehead : "And, as the Chair of the Planning and Economic Development Committee, I would like to be at the meeting, as well."

Mayor DiIanni : "Okay. We'll invite you. We'll let people know. And, whoever wishes to come, is certainly invited."

"Thank you very much. So, all - we haven't taken a vote. Receiving the recommendation, all in favour?" (hear councillors say carried, and hear someone say something) "The 5.4, yes."

"Moved by - did we have a Mover, Seconder? Yes, we did. We had Mitchell and Morelli - or Merulla and Morelli, thank you. All in favour? That's carried." (hear a glass clink)

"Councillor - yes, Councillor."

Whitehead : "5.4, I'm wondering if we can lift that. And, just endorse the AMO position. It think it's pretty clear, in the background, what he issue is."

Mayor DiIanni : "You're talking about the AMO, one. It's not 5.4. What is it?"

Whitehead : "5.5, sorry, 5.5."

5.5 (Added) Member Communication from AMO [Association of Municipalities of Ontario] respecting Private Member's Bill could impose new prescriptive Rules on Municipal government outside of the municipal Act
(http://www.myhamilton.ca/NR/rdonlyres/28096473
-DF95-4B17-AA95-6E91E47FACD8/0/Oct26AddedItem55.pdf )
Recommendation: That the resolution from AMO respecting Bill 123, be endorsed
(Whitehead / McCarthy - CARRIED)

Mayor DiIanni : "5.5. Yup, okay."

Whitehead : "So, can we lift that. And, endorse the position of AMO on this particular correspondence."

Mayor DiIanni : "Do I have a Seconder for that? Councillor McCarthy? All in favour? That's carried." (hear someone say something off microphone) "Yes, it essentially says that. But, we've just made sure, Councillor Jackson."

"Go ahead, Councillor Jackson. It's your turn."

Jackson : "I've been waiting and waiting." (hear giggles from Mayor and Council and gallery)

"Moved by myself and Seconded by Ward 7 Councillor Bill Kelly, that Council Communications 5.1 to 5.8 be approved, as follows ." (Councillor Jackson goes on to read Correspondence Items and their recommendations as set out below - and 5.5., as noted above)

Jackson : "5.1, the Correspondence from Regional Municipality of Niagara respecting the cost-effectiveness of policies and programs."

5.1 Correspondence from Regional Municipality of Niagara respecting establishment of cost-effective policies and programs that enhance security at the boarder
(http://www.myhamilton.ca/NR/rdonlyres/468BCCE9
-0919-4070-B283-A29EC67F5CA1/0/Oct26Item51.pdf )
Recommendation: Be received
(see below for amendment)

Jackson : "5.2 Petition received from Renee Albrecht on behalf of citizens respecting rehabilitation and recovery of downtown homeless people."

5.2 Petition received from Renee Albrecht on behalf of citizens respecting rehabilitation and recovery of the downtown homeless and addicted people
(http://www.myhamilton.ca/NR/rdonlyres/AC1D6EE4-6615
-4B40-BC1E-C952EEEDEF4C/0/Oct26Item52.pdf )
Recommendation: Be received and referred to the Social and Public Health Services Committee for discussion

Jackson : "5.3 Correspondence from Region of Durham respecting Council endorse a resolution from the GTA task force on OMB reform"

5.3 Correspondencefrom Region of Durham respecting council endorse a resolution from the GreaterToronto Area Task Force on OMB Reform
(http://www.myhamilton.ca/NR/rdonlyres/66F05657
-1172-4CF3-AC75-8FE5D2D626D5/0/Oct26item53.pdf )
Recommendation: Be referred to the General Manager of Planning and Economic
Development for a report to the Planning and Economic Development Committee

Jackson : "5.4 as has been discussed [see above] , as amended."

Jackson : "5.5, as has been discussed [see above] regarding the AMO position."

Jackson : "5.6 Correspondence from the Association of Municipal Managers, Clerks and Treasurers of Ontario regarding the same bill, as 5.5."

5.6 (Added) Correspondence from the Association of Municipal Managers, Clerks and Treasurers of Ontario respecting Bill 123, the Transparency in Public Matters Act [the same Item as referred to in Item 5.5]
(http://www.myhamilton.ca/NR/rdonlyres/A164CE6C-C5F4
-4389-B3DC-5A09E8209307/0/Oct26AddedItem56.pdf )
Recommendation: Be received

Jackson : "5.7 Compliance Audit - recommendation: be referred to the City Solicitor and City Clerk for report back to next Council meeting."

5.7 (Added) Municipal Elections Compliance Audit
(http://www.myhamilton.ca/NR/rdonlyres/30B0475E-5514
-4B38-8CF1-138CAF236489/0/Oct26AddedItem57.pdf )
Recommendation: Be received and referred to the City Solicitor and City Clerk for report back to the next Council meeting(CARRIED)
(recorded as opposed: Braden, Bratina)

Jackson : "And, 5.8, Mr. Mayor, a letter from Barbara Laing, expressing concerns with activities at the Wesley Urban Drop-in Centre."

5.8 (Added) Letter from Babara Laing, expressing concerns with activities at the Wesley Drop-in Centre
(http://www.myhamilton.ca/NR/rdonlyres/880AA5D6-C44D
-4339-9C33-E48B62D4F42F/0/Oct26AddedItem58.pdf )
Recommendation: Be received and referred to the Social and Public health Services Committee for discussion

Jackson : " Thank you - Oh, I'm - "

Mayor DiIanni : " - there's an additional item -"

Jackson : " - I'm sorry, an additional item, 5.9. Thank you, Madam Clerk. Letter from Mr. Eric Gillespie regarding the Compliance Audit of the Mayor, as well. Recommendation again: Be received and referred tot he City and referred to the City Solicitor, as is in 5.7. Thank you, Mr. Mayor."

5.9 (Added) Letter from Eric K. Gillespie respecting the Compliance Audit of Campaign Expenses
Recommendation that it be received and referred to the Solicitor and Clerk to be addressed and to report back to Council in 2 weeks time."
(CARRIED)
(recorded as opposed: Braden, Bratina)

Mayor DiIanni : "Thank you. Question, Councillor Samson."

REQUEST to AMEND Recommendation for 5.1 - Recommendation for Communications Item 5.1 "Correspondence from Regional Municipality of Niagara respecting establishment of cost-effective policies and programs that enhance security at the boarder "
http://www.myhamilton.ca/NR/rdonlyres/468BCCE9-0919
-4070-B283-A29EC67F5CA1/0/Oct26Item51.pdf
From: 'be received' to ' be referred to Planning and Economic Development Committee'
(Samson / Merulla - CARRIED)

Samson : "Yes, your Worship, with regard to 5.1, rather than just receiving it, I'd like it referred to our General Manager for Economic Development for a report."

"I mean, the issues that that's speaking to, are very significant. We share the peninsula - the Golden horseshoe - with the Region of Niagara. Their concern, it's got border implications. It obviously has implications for all of us. And, I would like to see a report. I'd like to see it supported. But, I can't have that right out, without looking at the issues and so forth."

"But, I'd like to have a report. So, I'd like to - "

Mayor DiIanni : "Do you have a Seconder?"

Samson : "I don't." (hear someone say something off microphone)

Mayor DiIanni : "Councillor Merulla - on which Committee?"

Samson : "Planning and Economic Development."

Mayor DiIanni : "Planning and Economic Development Committee."

"5.1, then, as directed. All in favour?" (hear councillors say carried) "That's carried."

"Now, on the balance of Councillor Jackson's Motion, all in favour?" (hear someone say something) "Councillor."

COMMENT ON - 5.7 - (Added) " Municipal Elections Compliance Audit
Recommendation: Be received and referred to the City Solicitor and City Clerk for report back to the next Council meeting "

Braden : (starts speaking while microphone is off) " . on 5.7, if I can. So 5.7 is the Audit report. If I can. First of all, the recommendation, I think, is to refer it to our Solicitor."

"This is an awkward topic. It deals with identifiable individuals at both ends. I think referring it to our staff is problematic for the staff. In fact, I don't think this is Communications at all, I think this is a Contracted Report."

"It needs some debate and deliberation by ourselves or a committee - whether it's Corporate Admin, or somewhere else. But, it needs to go somewhere. This is a political issue that requires a political decision."

"The presiding Judge has, in fact, wrapped our knuckles fairly clearly for not taking action in the past. This report is, very clearly, incomplete. I think it would be helpful if the Auditor" (hear a glass clink) "would review" (hear another glass clink) "the Terms of Reference. And certainly, review the Judge's decision."

"We've had a cloud hanging over us for quite a while. We need to get out from under this cloud and have this thing behind us. A new election is going to be starting, or could be starting in a matter of, you know, not too many weeks. We need to get this behind us, and do it thoroughly."

"So, at the appropriate time, I'm going to move not to send this to solicitors, our own solicitors. But, to have this report completed, as we originally post. I'll wait to make that Motion, unless nobody else is speaking to it."

Jackson (as Acting Chair; Deputy Mayor) (as Mayor declared Interest in this item at the beginning of meeting): "Okay. Thank you, Councillor Braden. Mr. Mayor, I'll appropriately take the Chair, as your Deputy Mayor."

"Okay, I" (hear glass clink) "have Councillors Kelly and Merulla next on the speakers list. Councillor Kelly, please."

Kelly : "Thank you, Mr. Chairman. I will be supporting the recommendation put forward by Council to simply have this referred. The process that we followed all the way along is to be gaining legal advice on this matter. We've heard one individual's opinion around the Council table, already on this. And, I respect that opinion, as an individual opinion."

"But, before this Council moves forward on anything, I suggest that we follow through on what we've already indicated is that we refer this to staff, get their opinion, get a legal opinion on this and then decide on any action."

"To do anything prematurely I think would be, first of all, a miss step and contrary to what we've done so far, as a Council. And, more importantly, I think it could have some ramifications, too."

"I don't want to do any knee-jerk reactions to this thing. Let's move forward with the process that we've already established with this. And, I'll be supporting the Motion to put this forward to Committee - to staff, rather, and to our legal department."

"At that time, after we get a report back, I'm sure that there'll be a full and thorough debate on that. But, to do anything previous to that, I think would be the wrong move at this point. So, I'll be supporting the recommendation before the Council, now."

Jackson (as Acting Chair; Deputy Mayor) : "Thank you, Councillor Kelly. Councillor Merulla."

Merulla : "Actually, I concur with Councillor Kelly. So, I'd like to move in that direction."

Jackson : "Okay. Thank you. And, Councillor Samson."

REQUEST to know if Compliance Audit has done the things asked for by the Judge
Request that this information be noted in the report.
(Samson)

Samson : "Yes, I guess my concern is I'm a little confused in the report that, had - my understanding of the Audit, the Audit was to comply with the wishes of the Judge and to do all the things which the Judge was asking for. And, I just want to know whether or not, the audit has done that."

"If the Audit hasn't done that, then it's incomplete. And, then we're - this is going to be dragging on and on. I want this put behind us. And, I just don't want this - to accept this report and then the Judge says: 'no, it didn't go far enough.' And, I just want to be assured that - and, what I'm a little concerned, that in the report it says: if you want us to do more, it's going to cost you more money. And, you know, to me that leaves questions. And, I would just like, if we're referring to our solicitor, I would like that question answered. That's, you know, coming back in the report."

Jackson (as Chair; Deputy Mayor) : "Okay."

Samson : "Thank you."

Jackson (as Chair; Deputy Mayor) : "Thank you, Councillor Samson, Solicitor Barkwell and City Clerk Christenson, has that been noted then, what the Councillor's requested?"

"All right, thank you."

"Next, I have Councillor Ferguson."

REQUEST TO Call the Question
(Ferguson - CARRIED)

Ferguson : "Mr. Chairman, I'd like to call the question."

Jackson (as Chair; Deputy Mayor) : "I have 2 more speakers that have asked to speak: Councillor McHattie and Whitehead. I'm just letting Council know. I have 2 more speakers. But, the, for Councillor Ferguson, at this time, he's asked to call the question." (hear someone say something off microphone) "All right, I've had one withdrawal. Fair eno - Councillor Bratina's asked to be on the list."

"But, let's see, all those in favour of Calling the Question?" (hear councillors say carried; and hear someone say something off microphone; Deputy Mayor, acting Chair Jackson asks again) "All those in favour of Calling the Question, as duly noted, as put by a Motion. All in favour? Hands up, please?" (some hands go up) "All those opposed?" (some hands go up) Okay, so the Motion's carried to Call the Question."

CALLING THE QUESTION ON 5.7 - "Municipal Election Compliance Audit" AND on 5.9 " Letter from Eric K. Gillespie respecting the Compliance Audit of Campaign Expenses"
Recommendation: to be referred to City Solicitor and City Clerk for report back in 2 weeks time; at that time to be debated by Council
(CARRIED)
(Recorded as Opposed: Councillors Braden and Bratina)

Jackson (as Acting Chair; Deputy Mayor) : "The Question before us is Item 5.7 and 5.9, as was read out originally, that this be referred to the City Solicitor and City Clerk for report back in 2 weeks time at that time, to be debated by Council."

"All those in favour?" (hear councillors say carried) "Any opposed?" (hear councillors say opposed) "Recorded, Councillor Braden and Councillor Bratina. Recorded as opposed. Motion's carried."

"Back to you, Mr. Mayor. Thank you."

See Part #3
Starting with Committee Reports Item 6.1 - "Public Works, Infrastructure and Environment Committee," Report 05-015, October 17, 2005