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March 22, 2006 Report – Part 1 of 5
7:00 pm (actual start at 7:06 pm)
Location: Hamilton City Hall, Council Chambers
(In Camera @ 9:10 pm; Out of Camera @ 9:45 pm)
(adjourned @ 9:46 pm)
Members of Council :
- Mayor Larry DiIANNI (present) in 7:06 pm
- Ward # 1 Brian M cHATTIE (present) in 7:05 pm
- Ward # 2 Bob BRATINA (present) in 6:59 pm
- Ward # 3 Bernie MORELLI (present) in 6:59 pm , out 7:48 pm ; in 7:51 pm
- Ward # 4 Sam MERULLA (present) in 6:59 pm , out 8:41 pm ; in 8:46 pm
- Ward # 5 Chad COLLINS (present) in 6:59 pm
- Ward # 6 Tom JACKSON (present) in 6:15 pm , out 8:40 pm ; in 8:44 pm
- Ward # 7 Bill KELLY (present) in 7:02 pm
- Ward # 8 Terry WHITEHEAD (present) in 6:45 pm , out 8:25 ; in 8:26 pm (to meet with constituents after passing naming of "T. Melville Bailey Park"), out 8:42 pm ; in 8:44 pm
- Ward # 9 Phil BRUCKLER (present) in 6:59 pm
- Ward #10 Maria PEARSON (present) in 6:44 pm
- Ward #11 David L. MITCHELL (present) in 6:55 pm
- Ward #12 Murray FERGUSON (illness - absent)
- Ward #13 Art SAMSON (present) in 7:02 pm
- Ward #14 Dave BRADEN (present) in 7:59 pm
- Ward #15 Margaret McCARTHY (present) in 7:51 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
- Salter Hayden - Deputy Clerk, Manager - Licensing and Election Services
- Mario Joannette - Executive Assistant to the Mayor
- Mike Kirkopoulos - Communications & Media Relations - Office of the Mayor
- Glen Peace - City Manager
- Scott Stewart - General Manager, Public Works
- Irene Sturgeon - Legislative Assistant
- Ron Szabo - Staff
- Tony Tollis - Director, Budgets & Finance - Corporate Services
- Vicki Woodcox - (Acting) General Manager, Community and Social Services
Members of the Media present :
- Cable 14
- Doug Cameron - K-Lite FM
- Andrew Dreschel - Hamilton Spectator
- Ken Mann - CHML
- Nicole MacIntyre - Hamilton Spectator
- Kevin Werner - Brabant Newspapers
COUNCIL AGENDA
Call to Order
Mayor DiIanni : "Thank you, very much. And, good evening ladies and gentlemen. 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, I would firstly like to welcome Reverend Mark Lewis of MacNab Street Presbyterian Church in Hamilton (http://www.presbykirk.com/page6.html#ham08) to this evening's meeting."
"Reverend Lewis was born in South Wales, Great Britain, and immigrated to Canada when his father - also a Presbyterian minister - was called to a rural Church in Ontario. Reverend Lewis earned a B.A. [Bachelor of Arts] in Philosophy from McMaster University and a Master of Divinity from Knox College at the University of Toronto."
"Reverend Lewis has served as a prison Chaplain at Maplehurst Medium Security Prison in Milton; and as a pastoral minister in Nova Scotia and Ontario.
During his 12 years of ministry in Dunnville, Mark was elected Citizen of the Year for his work within the community. And, Reverend Lewis is Minister to MacNab Presbyterian Church, now, in Hamilton for the past 7 years."
"Welcome Reverend Lewis. And, would you please lead us in prayer."
The Reverend John Mark Lewis : "Thank you very much, Mayor DiIanni. Let us pray."
"Gracious and Mighty God, we come to You seeking Your Blessing and strength. We come giving thanks for this city and its great heritage. We pray for everyone who lives within the bounds of this city - those who are lifelong residents or, who have roots going back generations. We pray also for new immigrants arriving here striving to build a new life."
"We pray for people of all religions and races; praying that they will find a welcome hear and that they will be able to contribute to our society with the gifts they have."
"We pray for the children of this city, asking that You would watch over them, keep them safe and let them grow with a sense of meaning and goodness."
"We pray for our young people - in particular tonight, we think of those whose school year has been disrupted. And, we pray for a quick end to that disruption so that their academic year will not be jeopardized."
"We pray for families, asking that You would watch over them."
"We pray for the elderly that they would continue to be productive and contribute to this city."
" We pray for all those who contribute to the well-being to our society. We pray, in particular tonight for: Canadian soldiers wherever they are serving; for our Police force and Firefighters; all those who work for the good of the people around them."
"Now, we ask Your Blessing for these Councillors that You would grant them wisdom that they may make good decisions for their fellow citizens, tonight."
"All this, we ask for the sake of love and mercy and peace. Amen."
Mayor DiIanni : "Thank you, Reverend. Thank you very much."
"Members of Council, it is with sadness, tonight that I announce the passing of Bill Baker."
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(Notice from The Hamilton Spectator:
http://classifieds.hamiltonspectator.com/NASApp/OLCSApp/
do/attribute_view_ad?adID=200603231169124&categoryName
=ANNOUNCEMENTS&classId=822 )
"BAKER, William (Bill) - (Employee of the City of Stoney Creek with over 29 years of service) Lead-Hand of Public Works Department. Suddenly at his residence on Monday, March 20, 2006, in his 63rd year. Predeceased by his wife Joan. Dear father of Kelly and her husband, Mark Fantuz of Gravenhurst. Loving grandfather of Jordyn and Isaac. Brother of Doll Duncan and Bob and Joan Baker. Brother-in-law of Sharon and Ron, Sandy and Neil, Denise and Dennis, Patricia and the late Michael, Dawn and Dave, Shelley and Tony, Robert and Brenda, David and Dee, and many nieces and nephews. Bill will be fondly missed by his second family, his friends at the City of Stoney Creek. Cremation has taken place. Friends and family will be received at the Royal Canadian Legion, Stoney Creek Branch, 12 King Street East on Sunday, March 26, 2006. Memorial Service will take place at 2:00 p.m. In lieu of flowers, donations to the Diabetes Association or Children's Wish Foundation would be appreciated by the family. "Dad, we will never forget your smile!" Date Posted: 2006-03-23"
====================
"Bill was a friend; a co-worker; a confidant; and key member of our District 5, Jones Road - Road Operations."
"Bill was a great ambassador for the former City of Stoney Creek and the present day City of Hamilton of where he has worked for the last 29 years."
"At this time, I wish to express our condolences to Bill's family. District 5 will be collecting funds in Bill's memory which will be used in accordance with Bill's family's wishes."
1. Approval of Agenda
(Kelly / Pearson - CARRIED as Amended)
Mayor DiIanni : "Mr. Clerk, are there any Changes to the Agenda?"
ADDED COMMUNICATIONS ITEMS
Kevin Christenson - City Clerk : "Yes. Thank you, Mr. Mayor. We have a number of added items of Correspondence, tonight." (City Clerk reads out added Correspondence, as below)
5.16 (Added Item) Correspondence from Sergio Manchia, Planning and Engineering Initiatives Ltd. Respecting Item 16 of the Planning and Economic Development Committee Report 03-006 requesting the item be referred back to Committee to allow the opportunity to address Committee.
Recommendation: Be received
5.17 (Added Item) Correspondence from the Honourable John Gerretsen, Minister of Municipal Affairs and Housing respecting funding for Affordable Housing Program and the Provincial Rent Bank Program.
Recommendation: Be received
5.18 (Added Item) Correspondence from the Honourable John Gerretsen, Minister of Municipal Affairs and Housing respecting transfer of First Place Hamilton to the City Of Hamilton
Recommendation: Be received
ADDED REPORT ITEMS
Kevin Christenson - City Clerk : "In addition, we have an added Public Works, Infrastructure and Environment Committee report 06-005, which is coming forward from the special meeting held prior to this evening's Council Meeting. This will be added as Item 6.8 to the agenda."
6.8 (Added Item) Public Works, Infrastructure and Environment Committee Report 05-006, March 22, 2006 (to be distributed)
ADDED MOTIONS
Kevin Christenson - City Clerk : "We have a number of added Motions, the first being . " (Clerk goes on to list added Motions as noted below)
7.3 (Added Item) Respecting amendment to the Naming Policy
7.4 (Added Item) Housekeeping Motion respecting Licensing Committee Report 04-005
7.5 (Added Item) Hamilton Day Steering Committee
Mayor DiIanni : "Thank you very much, Mr. Clerk. Members of Council, I need a verbal Motion to approve the Agenda as amended. Kelly; Seconded by Pearson. 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, I will be declaring an interest in Item 10.1, which is a Private and Confidential matter, respecting Solicitor/Client Privilege. Mr. Clerk, please note that."
3. Ceremonial Activities
Mayor DiIanni : "We do have now, a ceremonial activity, Members of Council."
3.1 Recognition of Canadian Forces Deployed Overseas
Mayor DiIanni : "And, as you can see, the Chambers have been decorated in yellow flowers and some of us have had a chance to put on some yellow ribbons. And, there are others available for other Members of Council - all in support of our troops."
"These ribbons this evening, as well the decorations are a tribute to them as we welcome and celebrate the safe return of our Canadian Soldiers who are deployed overseas."
"More, ladies and gentlemen, you know that more than 2,900 Canadian soldiers, sailors and air force personnel are deployed overseas on operations or missions. On any given day, about 8,000 Canadian forces members - 1/3 of our deployable force - are prepared for, or engaged in, or returning from an overseas mission."
"After the terrorist attacks of September 11 th , 2001 in New York and Washington, Canada made a significant military commitment to the campaign against terrorism to demonstrate solidarity with our allies and our resolve to improve international security."
"A number of missions were undertaken, including: Operation 'Apollo;' Operation 'Alterre;' Operation 'Athena;' and Operation 'Archer' which is Canada's contribution to the enduring freedom campaign. And, these are just some of the involvement that we've had."
"It is participation in Operation 'Archer' Canada's over-arching goal in Afghanistan is to prevent it from relapsing into a failed state that gives terrorists and terrorist organizations a safe haven. Our principle duty as is the Canadian Tradition, is to make the peace and keep the peace."
"Canadian efforts in Afghanistan have contributed, significantly, to the over-all consolidation of peace and the improvement of human security in that region. The next phase of Canadian operations in Afghanistan will continue to help improve the quality of life for the people of Afghanistan and to ensure that progress is made and is sustainable."
"While Canada remains committed to the rebuilding of democracy in Afghanistan, there are significant risks involved in these types of operations. But, the Canadian Forces remain one of the best trained, most experienced and professional militaries in the world."
"The men and women of the Canadian Forces are extremely brave, well-led, well-equipped and fully prepared for the on-going mission in Afghanistan."
"It's my pleasure, therefore, this evening - and with great pride - that we recognize and express our thanks and appreciation to our Hamilton soldiers representing the Royal Hamilton Light Infantry (http://www.rhli.ca/home.html); the Rileys (http://www.rhli.ca/ne w home.html); the 23 rd Service Battalion; and the Argyll and Sutherland Highlanders of Canada for their humanitarian efforts exhibited during their deployment overseas."
"We hope to honour others in the future, as they also return home safely to us."
(Please see also - The Hamilton Spectator - Thursday, March 23, 2006 - "They Stand on Guard" pp A1 and A4, Meredith MacLeod: http://www.hamiltonspectator.com/NASApp/cs/ContentServer?pagename
=hamilton/Layout/Article_Type1&c=Article&cid=1143067813135&call
_pageid=1024322466723 )
"I will now ask, as I call out your name, that you please come forward to be recognized. And then, when the final presentation is made, we have some photographers ready that we will take a moment for a group photo, as well."
"So, ladies and gentlemen, first of all, let's hear some recognition for our . " (couldn't hear Mayor DiIanni's last couple of words as hear sustained applause start from Council and gallery)
"Thank you. And please - I'd like to ask:"
"Corporal Nicole Harrington to come and receive her certificate, please. Corporal Harrington" (hear someone say something from gallery and that Corporal Harrington was not able to attend this evening's ceremony) "She is not here. So, we will save it for her."
"Captain Peter Crow " (proceeds to podium) "Can we trust the Captain to give the Corporal her certificate?" (hear giggles from Council and gallery)
"Corporal Justin Welton " (proceeds to podium)
"Corporal Andrew Bezuk-Greig " (hear someone from gallery that he was not able to be at this evening's ceremony) "Okay."
"Corporal Sargon Sarkis - Master Corporal Sargon Sarkis " (hear someone from gallery that he was not able to be at this evening's ceremony)
"Sergeant Shodan Shreeram " (hear someone from gallery that he was not able to be at this evening's ceremony) "All right. You didn't send them back to Afghanistan, by any chance, did you." (hear some giggles)
"Master Corporal Stephen Black " (hear someone from gallery that he was not able to be at this evening's ceremony)
"Warrant Officer Daniel Ruiter " (proceeds to podium)
"Corporal Sean Tiley " (hear someone from gallery that he was not able to be at this evening's ceremony)
"Corporal David Winters " (proceeds to podium)
"Corporal Thomas Brela " (hear someone from gallery that he was not able to be at this evening's ceremony)
"Sergeant Matthew Kirkpatrick " (hear someone from gallery that he was not able to be at this evening's ceremony)
"Master Corporal Mark Brewster " (proceeds to podium)
"Corporal Graeme Schouls " (proceeds to podium)
"And, Corporal Christopher Harrington " (proceeds to podium)
"And, I'd like to call on Lieutenant Colonel Tom Compton, now, to say a few words, please."
Lieutenant Colonel Tom Compton : "Mayor DiIanni and Members of Council, ladies and gentlemen, on behalf of the solders of the Hamilton Royal Light Infantry; the Argyll and Sutherland Highlanders of Canada; and the 23 rd Service Battalion, I'd like to thank you for inviting us here, this evening."
"And, I'd also like to thank you for your honours, this evening. These soldiers are all proud citizens of this city. And, they thank you for your honours. And, they're proud to serve Canada and this city ." (couldn't hear last word the Lieutenant Colonel said, sorry) (hear applause from Council and gallery)
Mayor DiIanni : "Mr. Clerk, this way?" (hear Clerk say something off microphone) "And, the Members of Council, as well ? " (Mayor DiIanni was hoping that all Members of Council could be included in a photograph with the soldiers, but Councillors noted that the Mayor standing with them for a picture was just fine) "Are we okay? All right."
(hear photographer make some comments and suggestions off microphone)
(Mayor starts speaking again before turning on microphone. So didn't get first number of words) " . 2 weeks ago" (hear giggles from Council) "Thank you very much." (more giggles, followed by applause) "Thank you."
4. Minutes of the meeting of City Council held on:
4.1 March 1, 2006
(Mitchell / Morelli - CARRIED)
Mayor DiIanni : "Members of Council, may I have a verbal Motion to approve the Minutes of City Council meeting held on the 1 st of March, 2006. Moved by Mitchell; Seconded by Morelli. 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, we now have Communication Items 5.1 to 5.18." (hear a glass clink) "There are two items which require further disposition by Council - namely, 5.11 from Mayor Barbara Kelly of Kawartha Lakes, respecting MPAC; and 5.12 from Roger Anderson, Chair of - Regional Chair in Durham and co-Chair of the GTAH [Greater Toronto Area and Hamilton] as well as President of AMO" [Association of Municipalities of Ontario]
"What is your pleasure first of all, with 5.11, 5.12. But, Councillor Merulla, did you have another item you wanted to talk about?"
Merulla : "Yes, thank you, Mr. Mayor."
Mayor DiIanni : "Which one?"
Merulla : "5.12, actually."
Mayor DiIanni : "All right. Go ahead. What is your pleasure with 5.12" (hear a glass clink)
5.12 Correspondence from Roger Anderson, Co-Chair of the GTAH Mayors and Regional Chairs Group respecting Replica and Imitation Firearms By-law
Recommendation: For the consideration of Council
Consideration put for Recommendation : To be referred to the Hamilton Police Service's Board for their consideration and comment/
(Merulla / Jackson - CARRIED)
Merulla : "Subsequently speaking with the Chief - Chief Mullan - " (hear a glass clink) "and Councillor Morelli, who's here from the Police Service's Board, I'd like to pursue adopting this particular initiative regarding the Replica and Imitation Firearms By-law."
"At this time, I think Councillor Morelli has suggested that it be referred to the [Hamilton] Police Service's Board for comments which, in turn, will be returned to us for approval. Thank you, Mr. Mayor."
Mayor DiIanni : "Excellent. So, the recommendation is refer it to the Police Service's Board for their consideration. Seconded by - " (hear someone say something off microphone) "Councillor Jackson. All in favour?" (hear councillors say carried) "That's carried."
"Councillor McHattie."
5.11 Correspondence from Mayor Barbara Kelly, City of Kawartha Lakes respecting Municipal Property Assessment Corporation
Recommendation: For the consideration of Council
Consideration put for Recommendation : That Council endorse this resolution and a letter expressing same be sent from the City of Hamilton to Premier Dalton McGuinty.
(McHattie / Collins - CARRIED)
McHattie : "Mr. Mayor, on 5.11, I would suggest that we may wish to endorse this resolution by Kawartha Lakes. It's about MPAC - Municipal Property Assessment Corporation." (http://www.mpac.ca/)
"And, they're suggesting the full cost of MPAC and their services should be paid by the Province. So, I would suggest that we endorse this, as a Council and send a similar letter off to Premier McGuinty."
"I have another one I'd like to speak to when you - "
Mayor DiIanni : " - Okay, Seconded by Councillor Collins. On 5.11, all in favour of that?" (hear councillors say carried) "That's carried and you've got the floor. Go ahead, Councillor."
5.15 Correspondence from Michael Desnoyers and Jack Santa-Barbara, Hamiltonians for Progressive Development respecting plans for an aerotropolis
Recommendation: Be received
Amendment to Recommendation : "Be received and a meeting with set agenda be arranged between the Mayor and the group Hamiltonians for Progressive Development."
(McHattie / McCarthy - CARRIED as Amended)
McHattie : "Item 5.15 is a letter from a group called Hamiltonians for Progressive Development." (http://www.progressivedevelopment.ca/) "And, we had talked a while back meeting with this group. And, I think they're just asking us to go ahead on that meeting. So, I would suggest that we might just want to go ahead and do so."
"We are engaged in an OMB" (Ontario Municipal Board - http://www.omb.gov.on.ca/) "hearing with - that involves this group, as well, around the Aerotropolis issues. So, the meeting, I think's appropriate. We may want to do it without prejudice scenario, in terms of discussion. But, we had suggested we would meet with them."
"So, I'd be happy, Mr. Mayor, on your behalf, to arrange for that meeting."
Mayor DiIanni : "Certainly. And, please ask them what it is that they'd like to talk about so we know going in, because there is a quasi-judicial process, as you know, at the OMB. Our lawyer has made some overtures, wanting to meet with them. They've refused - or, at least, not found it convenient in terms of timing. And, we don't want to cross the wires, there. So, - "
McHattie : " - Certainly - "
Mayor DiIanni : " - we'd like to see what that agenda is. But, please do that for us."
"We need a - Mr. Clerk, do we need a Motion to that effect? Or, simply direction?"
Kevin Christenson - City Clerk : "I would suggest that the item is to be received and we can add that a meeting be arranged with yourself and the group."
Mayor DiIanni : "All right. So, Moved by Councillor McHattie; Seconded by Councillor McCarthy - as the Clerk has suggested. All in favour?" (hear councillors say carried) "That's carried."
"Councillor Braden."
Braden : "Mr. Mayor, I just want to speak on the same thing because it's - the correspondence going back and forth between the group and the City is getting just less and less pleasant. And, I want it put to bed."
"So, I think if we can meet right away - I thought we had a commitment to meet. And, - but if it's - if our Council . " (not sure of Councillor's next couple of words) " one of our own Councillors to meet with them, then I'm hap - "
Mayor DiIanni : (Mayor starts to speak before microphone turned on) ". there is a group of us who'll meet. I think we've indicated who it will be. But, the Councillor's going to arrange that."
Braden : "If that can be done, that's fine."
Mayor DiIanni : "Okay. Councillor Jackson."
COMMENT ON - Item 5.2
5.2 Petition respecting Keeping Family Services Open
(Note: The original petition is in the custody of the City Clerk and was signed by 344 citizens)Recommendation: Be received
(CARRIED)
Jackson : "Thank you, Mr. Mayor. On item 5.2, if I might, please, regarding Family Services Hamilton."
"We have correspondence here, regarding a petition - obviously dismayed over the closure of a wonderful service provider in this community of over 80 years. And also, I know, I believe all Members of Council probably received a copy of a letter, recently, from the Hamilton District Labour Council."
"Can I just get some response, please, from Vicki Woodcox, who's the Acting General Manager of Community and Social Services. Vicki, we were one of three partners - and, maybe explain the level of the funding and/or the partnership we had with regards to this agency. Mr. Mayor, through you, please."
Vicki Woodcox - (Acting) General Manager, Community and Social Services : "Through you, Mr. Mayor. We were one of three partners. As well, we had United Way" (United Way of Burlington and Greater Hamilton - http://www.uwaybh.ca/) "and the Ministry of Community Services" ( Ontario Ministry of Community and Social Services http://www.mcss.gov.on.ca/CFCS/en/default.htm )
"And, if you want the specific breakdown, I will - "
Jackson : "We were - my understanding was - we were the, if you will, the smallest partner of the three."
Vicki Woodcox - (Acting) General Manager, Community and Social Services: "Yes, that's correct."
Jackson : "They're currently - the Labour Council and former employees - are asking for the three former funding partners to undertake a full forensic audit of the Agency. Are you comfortable, at all, in public session, responding, Vicki to that request? Mr. Mayor, through you, please, to Vicki."
Vicki Woodcox - (Acting) General Manager, Community and Social Services: "Through you, Mr. Mayor. Yes, I believe I could comment on that."
"The three funders have, as you know, been very, very involved over the past few months. And, although they certainly have some serious concerns about the financial management of this business and areas related to policy and procedures, etc., they are of the opinion - and they have received legal advice, as well - that there aren't any activities, there, that would warrant a forensic audit, based on the information that they have."
Jackson : "And, that would be, as well, the other two partners are of that opinion, Vicki."
Vicki Woodcox - (Acting) General Manager, Community and Social Services: "Yes, that's correct."
Jackson : "Okay. Thank you very much, Vicki. Thanks, Mr. Mayor."
Mayor DiIanni : "Okay. Thank you."
(Please note : Communications Items are listed in this transcription in the order Council dealt with them at the City Council meeting.)
See Part #2
Continuing with Item #5 Communications, Item 5.4 "Correspondence from Emile Therien, President Canada Safety Council congratulating the City on its impressive progress in Traffic Safety"
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