Council

Council

info@hamiltoncatch.org

March 1, 2006 Report – Part 1 of 4
7:00 pm (actual start at 7:02 pm)
Location: Hamilton City Hall, Council Chambers
(In Camera @ 8:19 pm; Out of Camera @ 9:03 pm)
(adjourned @ 9:05 pm)

Members of Council :

Mayor Larry DiIANNI (present) in 6:50 pm
Ward # 1 Brian M cHATTIE (present) in 7:00 pm
Ward # 2 Bob BRATINA (present) in 6:54 pm, out 7:05 pm; in 7:10 pm
Ward # 3 Bernie MORELLI (present) in 7:05 pm
Ward # 4 Sam MERULLA (present) in 7:00 pm, out 8:05 pm; in 8:15 pm
Ward # 5 Chad COLLINS (present) in 7:00 pm, out 7:45 pm; in 7:46 pm
Ward # 6 Tom JACKSON (present) in 7:05 pm
Ward # 7 Bill KELLY (absent)
Ward # 8 Terry WHITEHEAD (present) in 6:56 pm (in and out of Council Chamber before Council since 6.35 pm)
Ward # 9 Phil BRUCKLER (present) in 6:51 pm
Ward #10 Maria PEARSON (present) in 6:52 pm
Ward #11 David L. MITCHELL (present) in 7:00 pm
Ward #12 Murray FERGUSON (absent - illness)
Ward #13 Art SAMSON (present) in 6:59 pm
Ward #14 Dave BRADEN (absent)
Ward #15 Margaret McCARTHY (present) in 6:50 pm

Members of Staff

Peter Barkwell - City Solicitor
Rose Caterini - Deputy Clerk/Manager of Legislative Services & Records
Lee Ann Coveyduck - General Manager, Planning and Development
Neil Everson - Executive Director, Economic Development
Catherine Graham - General Manager, Human Resources
Salter Hayden - Deputy Clerk, Manager - Licensing and Election Services
Mario Joannette - Executive Assistant to the Mayor
Jim Kay - General Manager, Emergency Services / Fire Chief
Stephanie Paparella - Legislative Assistant , City Clerk's Office
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
Doug Cameron - K-Lite FM
Andrew Dreschel - Hamilton Spectator
Matt Jelly - Independent
Ken Mann - CHML
Nicole MacIntyre - 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, please.

National Anthem

Prayer

Mayor DiIanni : "Thank you. Please be seated. Ladies and gentlemen, Members of Council, usually we have a member of the Clergy from one of the denominations and one of our Churches in our City join us and lead us into a moment of reflection. And, we had one lined up for tonight. And, he is not here. So, something must have occurred - hopefully nothing drastic. If he does come, indeed, we'll acknowledge him. But, I think we'll move on."

"And so, unless someone has a special moment of reflection to present to us - or, a special prayer - I think I'll simply acknowledge the fact that today is the beginning of Lent for the Christian religion - it's Ash Wednesday."

"And, I remember, when I was a child going to a Catholic elementary school, I would have ash on my forehead for the rest of the day. And, all my non-Catholic friends would say your face is dirty" (hear giggles from Council and gallery) "when, in fact, that is a great tradition beginning Lent."

"So, I simply ask Council to simply reflect, as we have this meeting, and ask our Maker to bring Blessings on ourselves and this community, as we try to make wise decisions on behalf of our constituents."

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

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

Rose Caterini - Deputy Clerk/Manager of Legislative Services & Records : "Yes, Mr. Mayor, there are 3 added Council Communications, this evening:" (Deputy Clerk goes on to read the added correspondence as listed)

CORRESPONDENCE

5.11 (Added) Correspondence from the Honourable John Gerretsen, Minister of Municipal Affairs and Housing respecting An Act to Revise the Ontario Municipal Employees Retirement System, 2006
Recommendation: Be received

5.12 (Added) Correspondence from Lisa Kondrat respecting Waterdown Transportation Masterplan
Recommendation: Be received

5.13 (Added) Correspondence from the Transportation Sub-Committee to the Mayor's Flamborough Community Council on the Phase 2 Report of the Waterdown-Aldershot Master Transportation Plan
Recommendation: Be received

REPORTS

Rose Caterini - Deputy Clerk/Manager of Legislative Services & Records : "Also, the Planning and Economic Development Committee Report 06-003 is to be amended to reflect the Attendance of Councillor Tom Jackson. He was inadvertently omitted in the 'also present' section of the report."

NOTICE OF MOTION

Rose Caterini - Deputy Clerk/Manager of Legislative Services & Records : "There is an added Notice of Motion, by Councillor Mitchell, this evening: ." (Deputy Clerk goes on to read the added Notice of Motion as listed) "which will be added as 8.1"

8.1 (Added Notice of Motion ) Respecting preparation and sale of foods from private homes and Churches
"That the Medical Officer of Health report to the Board of Health on the regulatory issues under the Health Protection and Promotion Act pertaining to the preparation and sale of foods from private homes and Churches"
(Mitchell)

PRIVATE AND CONFIDENTIAL

Rose Caterini - Deputy Clerk/Manager of Legislative Services & Records : "And finally, there is a Private and Confidential item to be known as 10.1 respecting the disposition of land which will be considered in camera tonight, prior to the approval of the by-laws."

10.1 (Added) Item respecting disposition of land

Mayor DiIanni : "Thank you, Madam Clerk. Members of Council, may I have, then, a verbal Motion to approve the Agenda as amended. Moved by Pearson; Seconded by McHattie. All in favour?" (hear councillors say carried) "That's carried."

2. Declaration of Interest

Mayor DiIanni : "Members of Council, are there any declarations of interest? Seeing none ."

3. Ceremonial Activities

Mayor DiIanni : ". we don't have Ceremonial Activities tonight, either ."

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

4.1 February 15, 2006
(Mitchell / Pearson - CARRIED)

Mayor DiIanni : ". So, Members of Council, I need a verbal Motion to approve the Minutes of the City Council meeting held on February 15 th , 2006. Councillor Mitchell; Councillor Pearson. All in favour?" (hear councillors say carried) "That's carried."

5. Communications

(Mitchell / Pearson - CARRIED as Amended)

( Please note : Communications Items are listed in this transcription in the order Council dealt with them at the City Council meeting.)

Mayor DiIanni : "Members of Council, under Communications, you have before you Communications Items 5.1 to 5.13. Prior to taking a Motion on this, you'll note that 5.8 and 5.9 require further disposition by Council. What is your pleasure on 5.8? Councillor McHattie."

5.8 Correspondence from Michael A. Reader, Executive Director,
Ontario Federation of Anglers and Hunters respecting Canada
-Ontario Agreement on the Great Lakes Basin

Recommendation: For the consideration of Council

Consideration put for Recommendation : That this item be referred to the General Manager of Public Works
(McHattie / Whitehead - CARRIED)

McHattie : "Mr. Mayor, 5.8 is correspondence from the Ontario Federation of Anglers and Hunters concerning the Canada-Ontario Agreement on the Great Lakes Basin."

"They're suggesting we might want to correspond on that issue. And, I'm wondering whether we can refer that to our staff that are working on the Hamilton Harbour Remedial Action Plan. I'm thinking Jim Harnum," (Director, Water and Waste Water) "in particular - Scott Stewart" (Scott Stewart - General Manager, Public Works) "I guess, Jim Harnum - to look at what's being said, here and determine whether we might want to reply in a similar letter which, of course, could go through PWIE" (Public Works, Infrastructure and Environment Committee) "or, back up through Council."

Mayor DiIanni : "This is a recommendation to refer this back - "

McHattie : "To refer it to the General Manager of Public Works - "

Mayor DiIanni : " - Okay - "

McHattie : " - for" (hear a glass clink) "a possible similar letter."

Mayor DiIanni : " - Seconded by - Councillor Whitehead. Okay. And, did you want to speak on that?" (hear Councillor Whitehead say something off microphone) "All right, So 5.8 all in favour of that, then?" (hear councillors say carried) "It's carried."

"5.9. Go ahead, Councillor."

5.9 Correspondence from Cathy Vincelli, Executive Director,
Paralympics Ontario respecting hosting the 2007 Ontario Paralympic
Summer Championships
Recommendation: For the consideration of Council
Consideration put for Recommendation : To be referred to Sports Committee under Tourism Hamilton for discussion and consideration
(Whitehead / Jackson - CARRIED)

Whitehead : "Mr. Mayor, under Tourism Hamilton we do have a - "

Mayor DiIanni : " - Sorry. Was that on 5.8, Councillor?" (here someone say something off microphone) "Okay, all right. Go ahead, Councillor Whitehead."

Whitehead : "Under Tourism Hamilton, we have a sports committee. And, I think it's time to put it into action. So, I would suggest that we refer this back to that particular Committee for further discussion and consideration."

Mayor DiIanni : "Thank you. Councillor Jackson, Seconded. All in favour of that?" (hear councillors say carried) "That's carried."

"And, Councillor Bruckler" (hear a glass clink)

5.3 Correspondence from the Honourable Gerry Phillips, Minister of
Government Services respecting the use of casino profits to offset
declining revenues for charitable organizations
Recommendation: Be received
Amendment to Recommendation : "That the City Manager direct appropriate staff to review correspondence and report back to Council on suggested recommendations for the Province."
(Bruckler / Pearson - CARRIED as Amended)
( Direction to Staff - further suggestion below, by Councillor Pearson that this be directed to Planning and Economic Development, as that department deals with casinos and lotteries.)

Bruckler : "Thank you, Mr. Mayor. This actually refers to 5.3 with respect to the casino profits in offsetting declining revenues."

"Looking at the particular correspondence that, see if I can - it refers to we certainly would 'recommend that you and your colleagues provide your comments and feedback about the proposed changes contained in the report directly to the AGCO.' "[Alcohol and Gaming Commission of Ontario - http://www.agco.on.ca/en/h.home.html ]

"And, I'm just wondering if, perhaps, we couldn't have staff review that, as well. Because, it's an area that's, you know, that we were very concerned about. And, as a matter of fact, over and above this, I'm - I have, more recently become quite frustrated with some of the Provincial Legislation surrounding the lottery licenses and the implementation of those - and the impacts that it has on the many community organizations that we deal with. As well, as how that impacts the Municipality in trying to deal with our community partners."

"So, I would certainly welcome staff's review of that, and comments back, as well, to assist us in providing the recommendations on to the Province."

Mayor DiIanni : "Any specific staff, Councillor?"

Bruckler : "I let the - "

Mayor DiIanni : " - General Manager - "

Bruckler : " - Manager - "

Mayor DiIanni ; " - City Manager, decide."

"Sure. And, Seconded by? Seconded by Councillor Pearson. All in favour?" (hear councillors say carried) "That's carried, as well." (hear a glass clink)

"Councillor - oh, sorry, Councillor Mitchell first."

5.6 Correspondence from the Honourable Mike Goodale, Acting Assistant
Deputy Minister, Ministry of Transportation respecting Highway 6
North winter maintenance
Recommendation: Be received
(CARRIED)

Mitchell : "Thank you, Mr. Mayor. Just a comment on 5.6. And, it's with regards to Highway #6 North, going up to Guelph and the fact that the Province is spending $27.6 million in that section of road. And, of course, they own it."

"Well, they - we would like to have [Highway] #6 South, from Ryckman Corners back to the new [Highway] #6 by-pass going towards Caledonia, back into some City control. But, with that, there's been a study done that says there's $50 million worth of improvements on that road. And, they're only willing to give us, I think, $50,000."

"And, we'd like it back. But, I think, this letter in itself states the deficiencies in Provincial Highways that we have to get dealt with. And, before this city can take it back, we need to negotiate a higher dollar value. And, this can add fuel to our fire to just an example of what is needed with regards to Highway 6 South; it's very similar to Highway 6 North. Thank you."

Mayor DiIanni : "Okay, thank you."

"And, Councillor Whitehead."

5.12 (Added) Correspondence from Lisa Kondrat respecting Waterdown Transportation Masterplan
Recommendation: Be received
(CARRIED)

Whitehead : "Thank you, Mr. Mayor. This is in respect to 5.12, Correspondence 5.12."

"And, it's timely, in the sense that there was an article, recently in - and I see Mr. Dreschel's here from the [Hamilton] Spectator - in respect to Conflict of Interest. And, I want to remind my colleagues, that back in August 12, 2004, this Council unanimously supported a Motion that I initiated with Councillor Pearson, Seconding it." (please see Committee of the Whole, August 11, 2004 - Minutes, Item #33, page 22 - http://www.myhamilton.ca/Hamilton.Portal/Inc/PortalPDFs/
ClerkPDFs/committee-of-the-whole/2004/Aug11/Minutes.pdf with the Committee of the Whole Report 04-007 subsequently being CARRIED at the August 12, 2004 Hamilton City Council meeting, page 3 - http://www.myhamilton.ca/Hamilton.Portal/Inc/PortalPDFs/
ClerkPDFs/council/2004/Aug12/Minutes.pdf)

"And, I'm going to read that Motion and then, provide some direction."

" ' Mandating Full Disclosure of all Assets of Members of Council :

WHEREAS taxpayers deserve and demand an open, transparent and accountable government; and

WHEREAS the Municipal Conflict of Interest Act, and the Act which regulates declarations of direct or indirect pecuniary interest in any matter in which Council is concerned; and

WHEREAS subject to the Municipal Conflict of Interest Act, section 9(1), an elector may apply to a Judge of the Ontario Superior Court of Justice for determination of whether a Council member has contravened the provision of the Act; and

WHEREAS the complaint process for a taxpayer is a costly and arduous procedure;

THEREFORE BE IT RESOLVED that the City of Hamilton request the Province of Ontario to provide the legislative framework to establish a Provincially appointed Conflict of Interest Commissioner to oversee citizens complaints, require municipal politicians to disclose all financial interests, in confidence to determine if a conflict exists under the laws of legislation, and recommend resolution under the Conflict of Interest Act.' "

"Mr. Mayor, we sent this letter to the Minister back in August 30 th , 2004. We still haven't had a response. Now, I have subsequently met in Ottawa with the Minister and his staff. And, they indicated that they're going to have it considered under the whole review of the Municipal Act."

"But, we still haven't received a formal response to this particular Council resolution, that was passed unanimously. So, we'd request that a follow-up be done with a letter, through yourself, back to the Minister to look for a formal response."

Mayor DiIanni : "Yes. And, I can - and I'll be pleased to do that. And, I can tell you that, certainly, they're reviewing the Municipal Act. And, they're a number of changes under a number of areas that I think we need to consider as Council and hopefully forward and have addressed. And, that is but one of them."

"Thank you. Any - " (hear a glass clink) "Councillor Pearson."

DIRECTION TO STAFF - on 5.3

Pearson : "Thank you, Mr. Mayor, just going back, and it was just pointed out to me. With regards to Item [5].3 with regards to the casinos, that maybe it should be directed to Planning Department staff, because that is the umbrella that casinos are dealt with and lotteries."

"So, just with respect, if, I think" (hear a glass clink) "Councillor Bruckler would like to direct it to there. And, I Seconded that."

Mayor DiIanni : "Fine. And, I'm sure that staff will take that under advisement."

QUESTION RELATED TO - 5.12

Mayor DiIanni : "Just a question on the letters regarding the Conflict [of Interest] - Is somebody responding to these letters. I mean they're - some of them are asking for a response. Have we got - Madam Clerk, have we got somebody responding?"

Rose Caterini - Deputy Clerk/Manager of Legislative Services & Records : "Mr. Mayor, I did respond to one letter from a Ms. Kondrat, today. She did get a response from the Clerk's Office."

Mayor DiIanni : (didn't hear the first couple of Mayor's words) ". share that response with Members of Council, so we are aware - "

Rose Caterini - Deputy Clerk/Manager of Legislative Services & Records : "It was e-mailed to all Members of Council."

Mayor DiIanni : "Wonderful. Thank you."

5.1 Correspondence from The Honourable John McKinley, Assistant Deputy
Minister respecting extension to the short-term Sustainability Grant Program
Recommendation: Be received
(CARRIED)

5.2 Correspondence from the Honourable Harinder S. Takhar, Minister
of Transportation respecting school crossing guards and the legislative
changes in Bill 169, the Transportation statute Law
Amendment Act, 2005
Recommendation: Be received.
(CARRIED)

5.4 Correspondence from the Honourable Dwight Duncan, Minister of Finance
respecting education tax rates and municipal flexibility in setting tax policy
Recommendation: Be received
(CARRIED)

5.5 Correspondence from Christopher Ward, President, Ward Health
Strategies advising Council that March 6-12 is "Pharmacy Awareness
Week in the City of Hamilton
Recommendation: Be received
(CARRIED)

5.7 Correspondence from Ed Cooper, Chair, Government Relations Committee,
Realtors Association respecting changes to sign by-law
Recommendation: Be received and referred to the General Manager of Planning and Development for a report to the Planning and Economic Development Committee
(CARRIED)

5.10 Correspondence from the Honourable John Gerrestson, Minister of Municipal
Affairs and Housing respecting extending the length of the term of office for
municipal councillors and school trustees
Recommendation: Be received
(CARRIED)

Mayor DiIanni : "Councillor Mitchell, may I have a Motion on the Communications, as amended, then, please."

(pause)

Mitchell : "Sorry, Mr. Mayor. And, thank you, Stephanie, from the Clerk's Department."

"Moved by myself; Seconded by Councillor Pearson that Council Communications 5.1 to 5.13 be approved, as follows - and it's printed in front of everybody, Mr. Mayor."

Mayor DiIanni : "Thank you. All in favour?" (hear councillors say carried) "That's carried."

See Part #2
Starting with Committee Reports Item 6.1 - "Public Works, Infrastructure and Environment Committee," Report 06-003, February 20, 2006