Council

Council

info@hamiltoncatch.org

November 23/05 Report – Part 1 of 8
7:00 pm (actual start at 7:04 pm)
Location: Hamilton City Hall, Council Chambers
(In Camera - no in camera session)
(adjourned @ 10:50 pm )

Members of Council :

Mayor Larry DiIANNI (present) in 7:04 pm, out 9:30 pm; in 9:45 pm, out 9:55 pm; in 10:16 pm
Ward # 1 Brian M cHATTIE (present) in 6:56 pm
Ward # 2 Bob BRATINA (present) in 6:56 pm, out 8:27 pm; in 8:30 pm, out 10:19 pm; in 10:23 pm
Ward # 3 Bernie MORELLI (absent - at a meeting in Toronto on Police Service business)
Ward # 4 Sam MERULLA (present) in 7:01 pm, out 8:47 pm; in 8:50 pm, out 9:27 pm; in 9:35 pm, out 9:45; in 9:46 pm
Ward # 5 Chad COLLINS (present) in 7:01 pm, out 8:47 pm; in 8:50 pm, out 9:27 pm ; in 9:34 pm
Ward # 6 Tom JACKSON (present) in 6:55 pm, out 8:25 pm; in 8:26 pm, out 8:27 pm; in 8:30 pm, out 8:47 pm; in 8:51 pm, out 10:30 pm; in 10:33 pm
Ward # 7 Bill KELLY (present) in 6:50 pm, out 9:11 pm; in 9:15 pm
Ward # 8 Terry WHITEHEAD (present) in 6:50 pm, out 8:44 pm; in 8:45 pm, out 9:35 pm; in 9:46 pm
Ward # 9 Phil BRUCKLER (present) in 6:55 pm
Ward #10 Maria PEARSON (present) in 6:40 pm
Ward #11 David L. MITCHELL (present) in 6:57 pm, out 9:30 pm; in 9:31 pm
Ward #12 Murray FERGUSON (present) in 6:40 pm, out 8:25 pm; in 8:31 pm, out 10:05 pm; in 10:08 pm, out 10:41 pm; in 10:46 pm
Ward #13 Art SAMSON (present) in 7:01 pm
Ward #14 Dave BRADEN (present) in 6:58 pm
Ward #15 Margaret McCARTHY (present) in 6:58 pm, out 9:05 pm; in 9:06 pm

Members of Staff

Peter Barkwell - City Solicitor
Carolyn Biggs - Legislative Assistant
Kevin Christenson - City Clerk
Lee Ann Coveyduck - General Manager, Planning and Development
Neil Everson - Executive Director, Economic Development
Bill Farkas - Manager, Real Estate
Catherine Graham - General Manager, Human Resources
Jim Harnum - Director, Water and Waste Water
Salter Hayden - Deputy Clerk, Manager - Licensing and Election Services
Mario Joannette - Executive Assistant to the Mayor
Jim Kay - General Manager, Emergency Services / Fire Chief
Mike Kirkopoulos - Communications & Media Relations - Office of the Mayor
Tim McCabe - Director of Development and Real Estate
Glen Peace - City Manager
Joe-Anne Priel - General Manager, Public Health and Community Services
Joe Rinaldo - General Manager, Finance and Corporate Services
Scott Stewart - General Manager, Public Works
Mary Lou Tanner - Manager, Strategic and Environmental Planning

Members of the Media present :

Cable 14
Jennifer - Mohawk College - Broadcast Journalism
Doug Cameron - K-Lite FM
Andrew Dreschel - Hamilton Spectator
Nicole MacIntyre - Hamilton Spectator
Jackson Proskow - CH TV
Kevin Werner - Brabant Newspapers

COUNCIL AGENDA

Call to Order:

Mayor DiIanni : "Thank you very much and good evening ladies and gentlemen. I'd like to call this meeting of City Council to order, and ask that you remain standing for the National Anthem, please."

National Anthem

Mayor DiIanni : "Thank you. Please be seated."

Prayer

Mayor DiIanni : "Ladies and gentlemen, Members of Council, I would like to welcome Father Bill Trusz of St. Margaret Mary Roman Catholic Church (http://www.stmargaretmaryparish.ca/index.html) in Hamilton to this evening's meeting."

"Father Trusz has been the pastor at St. Margaret Mary since August of this year. Although he grew up in Hamilton, he has never had the privilege of serving in this area until now. He's been a Catholic Priest for 23 years and hopes that God will give him the health and strength to minister for at least 23 additional years. Welcome, Father and would you please lead us in prayer."

Father Bill Trusz : "Thank you, Mayor. This is a Prayer from the Book of Blessings. Let us pray."

"Lord out God, look with love on the people of this community and keep them safe in your service. Guide the Members of this Council and help them to work together for the good of all."

"Bless their plans and deliberations. And, bring them to success. Father, we ask this Grace, through Christ our Lord. Amen."

Mayor DiIanni : "Thank you very much, Father. We appreciate that. And, you're welcome to stay for as long as you wish."

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

Mayor DiIanni : "Mr. Clerk, are there any changes to the agenda, please."

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

"We have added Council Communication Item 5.3 from Maple Leaf Foods revoking the Offer to Purchase between 6323812 Canada Inc. and the City of Hamilton. The Recommendation is that this correspondence be received."

"We have added Council Communication Item 5.4 which is a petition by the Lanza Court Committee respecting delays in grading, security fencing and large openings to manhole covers. This petition was signed by 27 residents. The Recommendation is that it be received and referred to the General Manager of Planning and Economic Development for a report to the Planning and Economic Development Committee."

"Added Council Communication Item 5.5 which is a petition submitted by Julianne Burgess and Hugh Tye on behalf of the Pleasant Valley Neighbourhood Committee respecting an Alternative Site Plan to this development. This petition was signed by 30 residents. And, the Recommendation is that it be received."

"Item 6.5 is the 23 rd Report of the Committee of the Whole, is to be deleted from this agenda, tonight, as the meeting was cancelled."

"Added Item 6.9, is a report of the Legal Services Operational Review Sub-Committee 05-001."

"We have Planning and Economic Development Report 05-026 respecting Item 12: Applications for Approval of a Draft Plan of Subdivision and Zoning By-law Amendment by 998153 Ontario Inc. (G. Schuit) for Lands Located at 114 Pleasant Avenue (Dundas) (PE05144) (Ward 13) Attached Appendix C and D as noted in the report."

"I also have an added report by Hamilton Renewable Power Inc. (Report 05-001) Council will complete its regular business on this evening's agenda and then convene as the Hamilton Renewable Power Inc. Shareholders for the Annual General Meeting, to consider this report."

Mayor DiIanni : "Thank you very much. Members of Council, may I have a verbal Motion to approve the agenda as amended. Moved by Pearson; Seconded by Mitchell. All in favour?" (hear councillors say carried) "That is carried."

2. Declaration of Interest

Mayor DiIanni : "Members of Council, are there any declarations of interest?" (hear a glass clink) "Councillor Bratina."

Bratina : "Motion 7.4 - Implementation of a Sewer Lateral Management Policy."

Mayor DiIanni : "And, the interest is - "

Bratina : "The company I work for does business with some of the proponents."

Mayor DiIanni : "Fine. And, Councillor Kelly."

Kelly : "Mr. Mayor on Item, er, Report 6.9, Item 2. I am engaged to one of the partners in that firm. So, I'll declare an interest on that item."

Mayor DiIanni : "Thank you. And, I will also declare an interest - not on this evening's agenda, but on the last Council meeting that I did not attend. But, it's my obligation, since I didn't attend it, to declare the interest at the subsequent meeting, which is tonight."

"And, it's the Item, Mr. Clerk, if you'll record it, having to do with the Froese presentation to Council."

"Councillor Ferguson."

Ferguson : "I have a conflict on Planning and Ec Dev 6.1, related to one of the - I don't know, it's in the minutes."

Mayor DiIanni : "Did you catch that, Mr. Clerk? What's the interest, Mr. Ferguson?"

Ferguson : "Councillor Ferguson declared an interest in this item, as he is related to the applicant."

Mayor DiIanni : "Okay. Thank you. No others."

"Having dealt with that, then, ladies and gentlemen, Members of Council, it is with sadness that we announce the passing of Bob Morden."

(from the Hamilton Spectator: " MORDEN , Robert Allen - Peacefully, at the Henderson Hospital, on Saturday, November 12, 2005, in his 82nd year. Beloved husband of Hazel. Loving father of Ken and his wife Kay. Predeceased by a son William. Dear grandfather of Kelly and Brian, Paul and Robert. Brother of William (the late Christine). Predeceased by his sister Jane Salonen and his brother Edward. Survived by his brother-in-law Arnie Salonen, and his sisters-in-law Jean Morden and Ellen Rose, and several nieces and nephews. Bob was an employee of the City of Hamilton for 41 years during which he was Director of Public Works. He was Past Master of St. John's Lodge #40 and 32nd Degree Scottish Rite Mason. Bob was a Veteran of WWII having served for 3 years on the H.M.C.S. Trillium in the North Atlantic Convoy Escort. Cremation has taken place. A private family service will be held at White Chapel Memorial Gardens on Saturday, November 19. In lieu of flowers, donations to the Juravinski Cancer Centre would be appreciated by the family. (DONALD V. BROWN, 905-662-2948)")

"Bob worked for the Corporation for 41 years starting as a cost clerk in Engineering, then working his way as Office Manager in Streets and Sanitation. And then, Assistant Director to the Director in 1970, when he retired in 1986. Bob's daughter-in-law, Kay, works in the Councillor's office, as an Administrative Assistant to Councillor McHattie."

"We extend out condolences to Bob's family and friends during this difficult time."

3. Ceremonial Activities

Mayor DiIanni : "Ladies and gentlemen, we also have some Ceremonial Activities this evening."

3.1 Presentation of Portrait to Mayor Larry DiIanni

Mayor DiIanni : "And, for the first presentation, it's my pleasure to invite Dinah Bernier to the podium to receive, or at least to participate in this presentation. Dinah." (Ms. Bernier wends her way to the podium) "There we go."

"Dinah is a part-time Mohawk College student in Photography and has received an honourable mention at the International Photography Awards (http://photoawards.com/), which were held in New York. There, she was presented with a certificate of Achievement for her picture of Christie Lake Conservation Park."

"Dinah, congratulations on behalf of Council, for your outstanding achievement and many more successes in the future. I understand you wish to say a few words and make a presentation, yourself. Please." (Dinah steps to the microphone at the side podium) "Push the button."

Dinah Bernier : "Hi, I just wanted to present you the picture of Christie Lake. It just shows that Hamilton is very beautiful." (Dinah gives Mayor DiIanni a framed copy of her winning photograph followed by applause from Council and gallery)

Mayor DiIanni : "You are very talented. Thank you very much."

Dinah Bernier : "Thank you."

Mayor DiIanni : "I appreciate that. Thank you." (Ms. Bernier makes her way back to her seat)

"Thank you very much, Dinah. And, I say this with all sincerity. We have many talented young Hamiltonians in our community - artists and this picture demonstrates that you certainly are among them."

"So again, thank you very much."

3.2 Recognition of Award from the Canadian Urban Institute to the City of Hamilton

Mayor DiIanni : "The second presentation, I would like to call on Mary Lou Tanner, Christine Lee Morrison and Mike Bingham of our Public Works Department, and Patsy Deuver from Dillon Consulting to join me at the podium." (people make their way down to the podium)

"Welcome all. Members of Council, ladies and gentlemen, I'm pleased to announce that on October 13 th , 2005, the City of Hamilton was awarded with the Brownfield Award at the Canadian Urban Institute's National Brownfield Conference in Ottawa."

(http://www.canurb.com/events/awards_brownies.php)

"You may recall that Council adopted the contaminated sites management program for municipal works in 2004. Since Council's adoption of this program, staff have been continually improving the program, ensuring contamination is considered as a component of every municipal works under-taking."

"The award was intended for a Provincial or Federal policy program. However, there was no program in any government institution across Canada that compared in complexity and innovation, such as our own."

"Members of the Evaluation Committee commented that the program should be used as a model for Provincial and Federal Capital Works programs. The City of Hamilton, yet again, leads the way. Our staff certainly is example of that."

"In fact, the City of Toronto - more recently, the City of Kitchener - have requested that the Hamilton, that the City of Hamilton, share ideas and experiences so as to create a similar program in their respective municipalities. And, I hope we're going to charge them for that - " (hear some giggles from Council and gallery) "But, congratulations to all for a job well done." (hear applause from Council and gallery)

Mary Lou Tanner - Manager, Strategic and Environmental Planning : "Thank you very much. I do want to acknowledge 2 other people who aren't here tonight that were instrumental in starting this program. And that's Chris Murray, the Director of the Red Hill Valley Project and Pam Hubbard from ." (couldn't pick up the name of the consulting company) "Consulting who couldn't be here this evening with us."

"This is a tremendous achievement for our city because the awards jury actually moved us in categories to the National Significance to recognize the work that we've done."

"We have been aided by a terrific staff team across the City of people who committed their time, not only to preparing the Contaminated Sites Management Program, but also to its implementation."

"This award is really, really quite wonderful. But, the legacy that we're going to leave in dealing with soil contamination in our city and our municipal assets is really the true hallmark of this program and it's the leadership of our Council and our staff that we are most proud of. Thank you very much." (hear applause from Council and gallery)

Mayor DiIanni : "And of course, I'm sorry." (Mayor DiIanni holds award in his hands) "In fact, this very, very weighty and substantial award" (hear giggles from Council and gallery, as the award looks pretty heavy) "is it and it says: '2005 Canadian Urban Institute Brownie Award - Policy and Program Development, City of Hamilton - Contaminated Sites Management Program for Municipal Works'."

"So, congratulations. And, here's the award." (hear applause from Council and gallery, while Mayor gives the award to the group) "Thank you. Thank you very much."

"And thank you, Councillor Bratina for not breaking out into the 'Hello Mary Lou' song whenever song whenever you see Mary Lou [Tanner]" (hear giggles from Council and gallery)

3.3 Annual Excellence in Property Awards

Mayor DiIanni : "Ladies and gentlemen, our final presentation this evening, is a celebration of the annual Excellence in Property Awards. And, I'd like to call on Councillor McHattie to join me at the podium for the presentations. Councillor McHattie, please." (Councillor McHattie makes his way to podium)

"The Excellence in Property Awards honours individual BIA [Business Improvement Areas] Members for the vital contribution they make to our community through the beautification and continual upkeep of their properties. Their commitment to excellence creates an impetus for investment for other property and business owners within the BIAs and the community at large. The standard they have set improves the environment in which we all live work and play."

"The 9 participating BIAs
(http://www.myhamilton.ca/myhamilton/CityandGovernment/ProjectsInitiatives/
DowntownRenewal/Business_Improvement_Areas) in the awards program - and, of course, Councillor McHattie is the Chair of HABIA [Hamilton Association of Business Improvement Areas] nominated 2 properties within their boundaries based on criteria established by a panel of judges. The judges then had a difficult task of determining a winner from each BIA. But, the judges did manage. And, they took into consideration the following criteria: sensitivity to the existing built form; site lighting; entrance ways; windows and window displays; signage; maintenance."

"And the judges, then, had an even harder task to chose one winner from the 9 properties. The panel of judges were all professionals, volunteered time out of their extremely busy schedules to judge the nominated properties. And, their commitment contributes towards the program's success. And, we thank them. We'd like, in fact, to honour our judges by presenting them with a small token of our appreciation."

"And the judges are: George Dark may or may not be here. But, if he is, please come forward. And, we will have and in fact, he is here. We will have Brian [McHattie] maybe help us with the presentations." (hear someone say something off microphone) "Yes, indeed." (Mayor speaks away from microphone to Mr. Dark 'Congratulations and thank you very much') "Thank you. Please acknowledge George Dark." (hear applause from Council and gallery) "George is a landscape architect and urban designer, Principal Urban Strategies Inc."
(http://www.urbanstrategies.com/index.php/team/partners/dark/)

"And next, Rick Lintack Architect, President of R.F. Lintack Architect Inc. (http://www.rflintack.com/portfolio.php) who is unable to attend. So, we will make sure that Mr. Lintack receives his award."

"Mike Piczak, Professor, Business Faculty, Mohawk College (http://www.mohawkcollege.ca/dept/business/busman/faculty.html) and McMaster University (http://www.degroote.mcmaster.ca/) who's also unable to attend. And, we'll make sure that he receives the award, as well."

"And now for the presentation of the 2005 Excellence in Property Awards, the winners are:"

"- G5 Promotions (http://www.g5promotions.com/) - 616 Barton Street East within the Barton Village BIA, Tom Giornofelice and Tony Iacobelli . Would you please come on down and receive your awards. Ladies and gentlemen, Tom and Tony." (hear applause from Council and Gallery as recipients make way to podium, presentation and further applause)

" - The Movie Palace, (http://www.themoviepalace.com/) 526 Concession Street, within the Concession Street BIA, Dale and David Barker and Emma Greenslade are here. And, please come an receive your award, as well." (hear applause from Council and Gallery as recipients make their way to the podium) "And, if you haven't had a chance to visit the Movie Palace, it's a must place to see." (hear someone say 'cartoons' off microphone) "They've done a great job - I wasn't thinking of the cartoons, I was thinking of the ambiance." (hear giggles from Council and gallery) "But, the cartoons are good, too." (hear one of the recipients says - 'coming back every Saturday morning') "Congratulations." (also hear Councillor McHattie wishing congratulations off microphone as presentation is being made, then one of the recipients requests to speak and Mayor says: 'sure, absolutely')

David Barker (I think): "I just wanted to get the opportunity to thank Council and in particular the City of Hamilton for your support for our signage outside. And, you were the only level of government that supported this project. So, thank you very much." (hear more applause from Council and gallery)

Mayor DiIanni : " - the next award goes to the Hamilton Club, (http://www.thehamiltonclub.com/) 6 Main Street East, within the Downtown Hamilton BIA. And, Duncan Gillespie and Breckon Husband are here to accept the award on behalf of the Hamilton Club." (hear applause from Council and Gallery as gentlemen make way to podium)

" - Vermeulen / Hind Architects (http://www.vharch.com/) 41 King Street East, within the Dundas BIA. Unfortunately, Mary Jo Hind and Fred Vermeulen are not here. But, accepting on their behalf is Darlene Mills of the Dundas BIA Board Management." (hear applause from Council and Gallery)

" - the next award goes to Frank Lowenger, (sp?) 201/203 King Street East within the International Village BIA. And, Frank is in attendance this evening to accept the award." (hear applause from Council and gallery, as recipient makes way to podium) "Thank you. And that's Frank Lowenger (sp?)"

" - And, the next award is Adele, 283 Main Street West within the Main Street West BIA, in Ward 1, indeed. And, Adele Lebowitz (sp?) will be in attendance. And so, she should be here - there she is." (hear applause from Council and gallery)

" - and the next award is from, is for European Textile (http://www.shopottawastreet.com/directory/splashpage.php?id=36), 263 Ottawa Street North, within the Ottawa Street BIA. George and Maria Cyphlikiotos" (sp?) (hear applause from Council and gallery, Mayor says something like "Congratulations" in Italian, Portuguese, or Greek I'm not sure which)

" - and the next award is for the Village Restaurant, 35 King Street East, within the Stoney Creek BIA. Mary Terzia (sp?) - Clifford is here. Mary." (hear applause from Council and gallery)

" - and now, the next award is for Grape & Hops, 11 Paisley Avenue South - I know Ward 1" (hear Councillor McHattie say something followed by giggles from Council and gallery) "within the Westdale Village BIA, Joe Fivie (sp?) and Marie Louise Calson (sp?)" (hear applause from Council and gallery)

"Now for the exciting moment because, of course, these are all award winners and now we're going to select the overall winner within the City of Hamilton. And, there's an envelope that Councillor McHattie's going to open. And, it contains the name of THE award winner and we will announce it at this time. In fact, maybe Councillor [McHattie] you can announce it."

McHattie : "And, the overall winner this year is the Hamilton Club - Main Street East, Hamilton." (hear applause from Council and gallery, as Duncan Gillespie and Breckon Husband come to the podium to receive the award)

Mayor DiIanni : "Very good. Thank you very much folks and - " (hear more applause from Council and gallery) "indeed."

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

4.1 November 17, 2005 (special Council) (to be distributed)

(Motion to Table - (because minutes not yet available for distribution) - Collins / Bruckler - CARRIED)

Mayor DiIanni : "Members of Council may I now have a verbal Motion to approve the Minutes of the City Council meeting held on November 17, 2005. There's a question or a comment from the Clerk first, please."

Kevin Christenson - City Clerk : "Mr. Mayor, unfortunately we weren't able to get those before Council, tonight. So, I just ask for a Motion to have that tabled until the next regular meeting of Council."

Mayor DiIanni : "All right. Moved by Collins; Seconded by Bruckler. All in favour?" (hear councillors say carried) "That's carried."

See Part #2
Starting with Item 5 - "Communications"