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January 25, 2006 Report – Part 1 of 5
7:00 pm (actual start at 7:03 pm)
Location: Hamilton City Hall, Council Chambers
(In Camera - no in camera session)
(adjourned @ 9:05 pm)
Members of Council :
- Mayor Larry DiIANNI (present) in 7:03 pm
- Ward # 1 Brian M cHATTIE (present) in 7:00 pm
- Ward # 2 Bob BRATINA (present) in 7:00 pm
- Ward # 3 Bernie MORELLI (absent - illness)
- Ward # 4 Sam MERULLA (present) in 6:50 pm
- Ward # 5 Chad COLLINS (present) in 7:00 pm
- Ward # 6 Tom JACKSON (present) in 6:55 pm
- Ward # 7 Bill KELLY (absent - personal business)
- Ward # 8 Terry WHITEHEAD (present) in 6:50 pm
- Ward # 9 Phil BRUCKLER (present) in 6:30 pm
- Ward #10 Maria PEARSON (present) in 6:50 pm
- Ward #11 David L. MITCHELL (present) in 7:00 pm
- Ward #12 Murray FERGUSON (absent - illness)
- Ward #13 Art SAMSON (present) in 7:00 pm
- Ward #14 Dave BRADEN (present) in 7:00 pm
- Ward #15 Margaret McCARTHY (present) in 7:00 pm
Members of Staff
- Peter Barkwell - City Solicitor
- Carolyn Biggs - Legislative Assistant
- Rose Caterini - Deputy Clerk/Manager of Legislative Services & Records
- Kevin Christenson - City Clerk
- Lee Ann Coveyduck - General Manager, Planning and 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
- 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
Members of the Media present :
- Cable 14
- Doug Cameron - K-Lite FM
- Ken Mann - CHML
- Nicole McIntyre - Hamilton Spectator
- Kevin Werner - Brabant Newspapers
COUNCIL AGENDA
Call to Order :
Mayor DiIanni : "Good evening ladies and gentlemen, Members of Council. I would like to call this meeting of City Council to order and ask that you remain standing for the National Anthem."
National Anthem
Prayer
Mayor DiIanni : "Thank you. Please be seated. Members of Council, ladies and gentlemen, I'd like to welcome Father Paul Boucher to our Council meeting, this evening. Father Boucher is Pastor at St. John the Baptist Parish in Hamilton ." (128 Edgemont Street South , Hamilton , Ontario L8K 2H8 (905)544-2100, http://www.hamiltondiocese.com/directory/Parishes/Hamilton/)
"Father Boucher has served as a Priest in the Hamilton Diocese for over 41 years. He has pastored Parishes in Halton and Brantford - and many Parishes in the City of Hamilton . He also taught at Bishop Ryan High School (http://www.hwcdsb.edu.on.ca/bishopry/brhomepage.htm) for 12 years and is presently, as I said, St. John the Baptist Parish on King Street in East Hamilton ."
"Father Boucher is a native Hamiltonian. And, has played Sunday evening hockey with a number of us over the years. And, Councillor Samson and I probably have a couple of bruises to prove that." (hear giggles from Council and gallery)
"Welcome Father Boucher. Would you please lead us in prayer."
Father Paul Boucher : "Thank you, Mr. Mayor. And, thank you, Councillors, for inviting me here this evening to pray for you, and to Bless you as you begin your business, this evening."
"And, I think as we gather here to pray, we should remember, too, Councillors Morelli and Ferguson that the Lord will be kind to them. And, extend his healing power to them."
"Let us pray."
"Oh Lord, Who Blesses us with leaders to help us find our way to the mysteries and turmoils of life, guide and protect our Mayor and City Council. Help these elected representatives to lead us with confidence and integrity; wisdom and courage; patience and wit; laughter and love."
"Look favourably, oh Lord, upon our prayer, and protect our City from all harm. May no plan of our City Council ever go astray, nor dream of civic improvement not come to fruition, nor be in vain. Amen."
"And, may Almighty God Bless you - all of you - and keep you, in the Name of the Father, and of the Son, and of the Holy Spirit. Amen. Thank you."
Mayor DiIanni : "Thank you, Father Boucher."
1. Approval of Agenda
(Collins / Pearson - CARRIED as Amended)
Mayor DiIanni : "Mr. Clerk, are there any changes to the agenda?"
Kevin Christenson - City Clerk : "Yes, thank you, Mr. Mayor."
"We have an added report from the Licensing Committee - Report 06-002. This - it has been requested that Council entertain this report as the first Committee Report of this evening, as there is outside legal counsel present to address any questions."
"We have a typo - the Planning and Economic Development Committee Report [06-001]. Item 25 is to be deleted, as this item was Tabled at Committee. The Tabling is referenced as information item (m) in the Information Section of the report. Therefore, Items 26 and 27 have been renumbered as 25 and 26, accordingly."
"We have a number of added Motions: 7.6 - Councillor McHattie - respecting Membership of the Provincial Gas Tax Transit Master Plan Steering Committee; Item 7.7 - Councillor Mitchell - a Motion on the OPA [Official Plan Amendment] 28; Item 7.8 - Councillor Mitchell - a Motion respecting Edwards Landfill Site, Environmental Review Tribunal Appeal; And, 7.9 - Councillor Bratina - a Motion respecting VIA Rail."
Mayor DiIanni : "Thank you, very much, Mr. Clerk. Members of Council, may I have a verbal Motion to approve the Agenda as amended. Moved by Collins; Seconded by Pearson. All in favour?" (kind of hear Councillors say carried) "That's carried."
2. Declaration of Interest
Mayor DiIanni : "Are there any declarations of interest?"
"Seeing none, we're going to move to some Ceremonial Activities."
3. Ceremonial Activities
Mayor DiIanni : "And, we have a very special one, with some young people. But, before we get there, we do have a special guest in the audience."
"Everybody in the audience is obviously special. But, tonight we welcome Mr. David Sweet to our Council meeting. Mr. Sweet just won election - " (hear applause from Council and gallery) " - for Ancaster, Flamborough and Westdale. And, David, given politics the way it is, that may be the last applause that you hear for a while." (hear giggles from Council and gallery) "Thank you, very much, for being here, and I know you'll do a great job along with your other colleagues in Parliament. Thank you very much." (hear someone say something off microphone)
"Did I miss Dundas ?" (hear more talking off microphone) "I'm going to be in trouble, again." (hear giggles from Council and gallery) "I missed Dundas . Sorry."
"And, of course, we'll get to the young people in a second, but today is a very special day, for one of our staff members who turns, today, a very special, has a very special birthday, today. We won't mention how many decades. But, let me tell you, it's a significant one. And, we wish Joe Rinaldo a very happy birthday. Joe - Happy Birthday to you." (hear applause from Council and gallery) "And, Mr. Rinaldo, of course, wanted everything kept quiet. But, I understand there have been a few celebrations, today. And, so, so Joe, a very happy birthday. But, you can't leave early." (hear giggles from Council and gallery)
3.1 Our Great City " Hamilton " - Performed by the Hamilton Children's Choir, written by Dave Millard
Mayor DiIanni : "And, ladies and gentlemen, and Members of Council, I'm very pleased today, to have this next group come forward. Our great City of Hamilton is being honoured this evening, by a performance by the Hamilton Children's Choir and Mr. Dave Millard, who has written a special song."
"And, before I ask the children to come forward, let me introduce them. The children come from Hamilton , Burlington and Niagara . And, the Choir's made up of: a Concert Choir; a Chamber Choir; Female Youth Choir; Boys Choir; and the choir performing for you, this evening, is the Prelude Choir."
"The Prelude Choir's comprised of choristers between 8 and 14 years of age. The main focus is to learn basic music theory, notation, time signatures, and vocal production. They perform at annual Christmas and street concerts, as well as local community performances. And, this evening, they will be singing a song which was written by Dave Millard, entitled: Our Great City of Hamilton . The Director's Leslie Kent; accompanied by John Leek on the piano. And, please, choir, come forward, and sing us this wonderful song." (hear applause from Council and gallery as children assemble on Council floor. Then they sing.)
(words of the song were distributed to Members of Council and to press desk and I think gallery)
Our Great City of Hamilton (Composed by Dave Millard)
[Chorus]
"Hamilton, Hamilton
It's a Great, Great City for you and me,
Hamilton, Hamilton
For work, learning, living, it's the place to be !!"
[Verse 1]
"Our City, diverse and strong,
With purpose, our history, long,
Dynamic, and forged through time,
It's progress, both yours and mine"
[Verse 2]
"It's mountain, it's Bay, it's ROAR !
On Lake Ontario's southwestern shore,
Sprawling, with regions wide,
All filled with a Hometown pride ! "
[Verse 3]
"Great things are still yet to come,
For all those in Hamilton,
Our future's so positive,
It's Hamilton, THE place to live ! "
(hear more applause from Council and gallery after choir finishes)
Mayor DiIanni : "Very good, very good. I'd like to invite Leslie Kent and Dave Millard to the podium for a presentation, please. And, as they're making their way up, children, that was wonderful. Your voices are great. The song was beautiful. And, you know what? We may just sing it before every Council meeting - " (hear giggles from Council and gallery) " - eh. How's that. Thank you very much."
(Dave Millard gives Mayor DiIanni a framed copy of the song) "And, here it is, it's actually of the song, that's been framed. Isn't that wonderful. Thank you very much." (hear applause from Council and gallery)
"And, I actually have a presentation, as well. It's one to you, Dave, in recognition of the contribution you've made - not only to the Arts and the talents that these young people have displayed - but, to the Choir, itself, for the performance of Our Great City of Hamilton . And, hopefully, you'll display these mementos of the occasion, as well. Thank you very much." (hear applause from Council and gallery)
"Thank you. Now we can say that we will sing from the same song-sheet - "(hear giggles from Council and gallery) " - as a Council." (hear a few more giggles)
4. Minutes of the meeting of City Council held on:
4.1 December 14, 2005
(Whitehead / Mitchell - CARRIED)
Mayor DiIanni : "Members of Council, may I have a verbal Motion to approve the Minutes of the City Council meeting held on December 14, 2005. Councillor Whitehead; Councillor Mitchell. All in favour? That's carried."
4.2 January 12, 2006
(Bruckler / Braden - CARRIED)
Mayor DiIanni : "And, a verbal Motion to approve the Minutes of the Council meeting held on January 12 [2006] Moved by Councillor Bruckler; [Seconded by] Councillor Braden. All in favour? That's carried."
5. Communications
(McHattie / Merulla - CARRIED, as amended)
Mayor DiIanni : "Under Communications, Members of Council, you have before you, Communications Items 5.1 to 5.11. And, you'll note that 5.8 to 5.11 require Disposition by Council."
"Members of Council, maybe we can turn to - unless there is a question on any of the items before then - Councillor McHattie."
COMMENT ON - "5.6 FCM Member's Advisory respecting First FCM Technical Mission to Sri Lanka in Progress as Tsunami Anniversary Approaches"
5.6 FCM Member's Advisory respecting First FCM Technical Mission to Sri Lanka in Progress As Tsunami Anniversary Approaches
Recommendation: Be received and referred to the Tsunami Relief Task Force
(CARRIED)
McHattie : "Just a quick update, I guess. 5.6 talks about the FCM's" (Federation of Canadian Municipalities - ) "technical mission to Sri Lanka. And, they also talk about Indonesia, there, as well, in reference to the Tsunami anniversary."
"And, just to report the, Mr. Mayor, you asked me to work with Linda Redwood-Campbell, who is the McMaster doctor who had spent time in Banda Aceh, Indonesia. And, she came back with the idea of establishing a medical school - or re-establishing the medical school in Banda Aceh that was there before the Tsunami and was literally wiped out, during the flood."
"So, I've continued to meet with here - I have a meeting with her this Friday, actually, to talk about how we can fundraise to do a study, really, a needs study into the medical school for Banda Aceh: what we can do here, as the City of Hamilton; what McMaster University can do. So, that'll be coming up back to the Committee shortly. Thanks."
Mayor DiIanni : "Okay, thank you. Councillor Whitehead."
MOTION TO ENDORSE - "5.8 Correspondence from City of Sarnia respecting 2006 MPAC Assessment Values"
5.8 Correspondence from City of Sarnia respecting 2006 MPAC Assessment Values
Recommendation: For the consideration of Council
MOTION to endorse 5.8
(Whitehead / Mitchell - CARRIED)
Whitehead : "Ya, I don't know if this is appropriate at this time. But, I wouldn't mind Moving endorsement of the Resolution from Sarnia that addresses the 2006 MPAC Assessment Values."
Mayor DiIanni : "That is item - "
Whitehead : "5.8"
Mayor DiIanni : " - That is item 5.8. I was just going to that, if there are no other questions on the others. 5.8, then. Moved by Councillor Whitehead; Seconded by Councillor Mitchell. Question Councillor Pearson."
Pearson : "Yes, Mr. Mayor, thank you. I did want to ask a question. I do support it. But, I just wondered whether staff know what the timelines are as far as the Ombudsman's report, that I guess is anticipated on this? And, what effect does this have on our assessments, currently? I don't think we have final 2006 assessments, yet."
Joe Rinaldo - General Manager, Finance and Corporate Services : "In terms of the Ombudsman, I just don't know. But, we can follow up on that. In terms of any taxation for the 2006 taxation year, we're using 2005 taxation year."
"So, if they - my guess is that that won't impact that, it would impact all future re-assessment, if I read the resolution correctly. And before, as you know, the requirement to do an annual update. And, that's what they're asking for deferral, too."
Pearson : "Thank you, Mr. Mayor. And, thank you, Joe. They are saying in the resolution that 'be it resolved that the 2004 assessment values remain in place.' So, I just want to be sure what that impact is on our taxation."
Joe Rinaldo - General Manager, Finance and Corporate Services : "If we did that, that means we would revert back to last year's - the one that we use in 2005. And, that means all the reassessment impacts that were in to - that we provided to you would be - not take place."
Mayor DiIanni : "Okay. Councillor Whitehead, did you have a question or a comment?"
Whitehead : "No, I just - that the saga continues in respect to assessments. And, I know that I've heard from many residents in Ward 8 in respect to assessment appeals - whether it's the fact that they've lost the use of their basements, as a result of the flood. Or, for other reasons that they believe that they're not being heard by the MPAC, and there's something flawed within the process."
"And, I think we really need to get the Ombudsman to report back as a result of the request that's being submitted to them for investigation. And, so I strongly support the - Sarnia's resolution that's in front of us."
Mayor DiIanni : "All right. All in favour?" (no on responds) "All in favour? (hear Councillors say carried) "Against? That's carried."
What is your pleasure on Item 5.9, also from the City of Sarnia?" (hear a glass clink) "Councillor McCarthy."
MOTION on - "Correspondence from the City of Sarnia respecting taxing of severance monies"
5.9 Correspondence from the City of Sarnia respecting taxing of severance monies
Recommendation: For the consideration of Council
MOTION to send back item to Corporate Administration Committee for recommendation.
(McCarthy / Pearson - CARRIED)
McCarthy : "Mr. Mayor, I wanted to hear from Finance on this issue. Perhaps Joe Rinaldo would prefer if Committee sent this back to him for a look at a recommendation."
Mayor DiIanni : "Sorry, are you making that recommendation - that it go back to staff, then? Moved by Councillor McCarthy; Seconded by - " (hear someone say something off microphone)
McCarthy : " - Is Joe, would Joe be comfortable with that. Or, would he like to respond to it right here?"
Joe Rinaldo - General Manager, Finance and Corporate Services : "I would probably prefer to deal with it at Committee level, through you, Mr. Mayor - "
McCarthy : "Sure."
Mayor DiIanni : "Okay."
McCarthy : "So Moved - I'll Move it."
Mayor DiIanni : Seconded by Councillor Pearson" (hear someone say something off microphone) "Corporate Admin Committee. All in favour?" (hear councillors say carried) "That's carried."
"And, Item 5.10 from the City of Port Colbourne." (hear a glass clink) "Councillor McHattie."
MOTION TO ENDORSE - "5.10 Correspondence from the City of Port Colbourne respecting Property Tax and Assessment Issues"
5.10 Correspondence from the City of Port Colborne respecting
Property Tax and Assessment Issues
Recommendation: For the consideration of Council
MOTION for Hamilton City Council to Endorse Item 5.10
(McHattie / McCarthy - CARRIED)
McHattie : "Mr. Mayor, this speaks to some of the down-loading issues. So, I think we can certainly endorse this, as a Council. So, I would certainly Move to endorse it." (hear someone say something off microphone)
Mayor DiIanni : "Seconded by Councillor McCarthy. All in favour?" (hear Councillors say carried) "That's carried."
"Thank you. 5.11 from the Council of the Corporation of the Nation Municipality respecting petitioning the Federal Government to review the exiting method of distribution of gas tax. Questions, comments. What is your pleasure. Councillor McHattie."
MOTION to Refer - "5.11 - Resolution from the Council of the Corporation of the Nation Municipality respecting petitioning the Federal Government to review the exiting method of distribution of gas tax."
5.11 Resolution from the Council of the Corporation of The Nation
Municipality petitioning the Federal Government to review
the existing method of distribution of gas tax
Recommendation: For the consideration of Council
MOTION to Refer Item 5.11 to Provincial Gas Tax and Transit Master Plan Steering Committee
(McHattie / Pearson - CARRIED)
McHattie : "Mr. Mayor, I think this might apply to smaller municipalities. But, in any case, we could refer it to the Gas Tax Steering Committee" (a "meeting come to order" electronic tone goes off in Chamber, followed by some giggles)
Mayor DiIanni : "Okay. Seconded by? Councillor Pearson. All in favour?" (hear councillors say carried) "
"Thank you. Councillor McHattie, now - a Motion on Communications, please, as amended."
McHattie : "Mr. Mayor, that Council Communications 5.1 to 5.11, as amended be approved as follows. And, we have them in front of us. I don't know if you want me to read the correspondence, and all that."
"It's been moved by myself; Seconded by Councillor Merulla."
Mayor DiIanni : "Thank you. All in favour." (hear councillors say carried) "That's carried."
5.1 Correspondence from Stewardship Ontario respecting Third Installment
of 2005 Stewardship Ontario funding for Blue Box recycling Program
Recommendation: Be received
(CARRIED)
5.2 Correspondence from The Honourable John Gerretsen, Minister of
Municipal Affairs and Housing respecting Affordable Housing Program
- Strong Start Funding - 260-280 King Street East, Hamilton
Recommendation: Be received
(CARRIED)
5.3 Correspondence from The Honourable John Gerretsen, Minister of Municipal
Affairs and Housing respecting Affordable Housing Program - Strong Start
Funding - 37 Strathcona Avenue North, Hamilton
Recommendation: Be received
(CARRIED)
5.4 Correspondence from the Honourable Jim Watson, Minister of Health
Promotion respecting monies for tobacco control strategies
Recommendation: Be received
(CARRIED)
5.5 Correspondence from E.J. Fothergill, Fothergill Planning and Development
respecting Commonwealth Games Bid
Recommendation: Be received
(CARRIED)
5.7 Correspondence from the Honourable John Gerretsen, Minister of Municipal
Affairs and Housing respecting the introduction of the "Stronger City of
Toronto for a Stronger Ontario Act, 2005".
Recommendation: Be received
(CARRIED)
6. Committee Reports
Motion to move into Committee of the Whole for consideration of Committee reports
(McHattie / Merulla - CARRIED)
Mayor DiIanni : "Thank you, and Councillor McHattie - " (hear someone say off microphone, 'as amended') " - as amended, indeed - a Motion on the Committee of the Whole"
McHattie : "It's Moved by myself and Seconded by Councillor Merulla that Council move into Committee of the Whole for consideration of the Committee reports."
Mayor DiIanni : "All in favour?" (hear councillors say carried) "That's carried."
6.7 Licensing Committee Report 06-002, January 24, 2006
(Merulla / McHattie - CARRIED)
Mayor DiIanni : "Members of Council, the City of Hamilton Lic - Oh, we're moving this one up, Madam Clerk, right? Can I get some explanation on that Mr. - sorry - Mr. Clerk. Can I get some explanation on this?"
Kevin Christenson : "Through you, Mr. Mayor, in terms of Changes to the Agenda, as I mentioned, we do have outside legal counsel here. And, it has been suggested that Licensing Committee Report 06-002 be moved up. So, that will be the first report before Council, tonight."
Mayor DiIanni : "Members of Council, we do have legal counsel here - outside counsel, if we need it. But, this is an issue that's been discussed and debated by the Licensing Committee. What is your pleasure about Item #1." (hear councillors say carried) "All in fa - all in favour?" (hear councillors say carried) "That's carried."
"Councillor Merulla, may I have a Motion on the report."
Merulla : "Thank you, Mr. Mayor. Moved by myself and Seconded by Councillor McHattie that the 2 nd report of the Licensing Committee be adopted and the Information Section received."
Mayor DiIanni : "Thank you. All in favour?" (hear councillors say carried) "That's carried."
"Thank you very much." (outside legal counsel proceeds to leave Chamber) "Thank you Mr. Duxbury."
See Part #2
Starting with Committee Reports Item 6.1 - "Public Works, Infrastructure and Environment Committee," Report 06-001, January 16, 2006
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