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May 10, 2006 Report – Part 1 of 6
7:00 pm (actual start at 7:05 pm)
Location: Hamilton City Hall, Council Chambers
(In Camera - no in camera session)
(adjourned @ 9:00 pm)
Members of Council :
- Mayor Larry DiIANNI (present) in 7:05 pm
- Ward # 1 Brian M cHATTIE (present) in 6:59 pm
- Ward # 2 Bob BRATINA (present) in 6:55 pm
- Ward # 3 Bernie MORELLI (present) in 7:50 pm , out 8:15 pm (on police business before and after)
- Ward # 4 Sam MERULLA (present) in 6:58 pm , out 8:50 pm ; in 8:54 pm
- Ward # 5 Chad COLLINS (present) in 6:55 pm
- Ward # 6 Tom JACKSON (present) in 6:59 pm , out 8:25 pm ; in 8:30 pm
- Ward # 7 Bill KELLY (present) in 6:57 pm
- Ward # 8 Terry WHITEHEAD (present) in 7:00 pm (was in & out for @ 5 minutes, didn't get time correct, sorry)
- Ward # 9 Phil BRUCKLER (present) in 6:55 pm
- Ward #10 Maria PEARSON (present) in 6:45 pm
- Ward #11 David L. MITCHELL (present) in 6:45 pm
- Ward #12 Murray FERGUSON (absent - illness)
- Ward #13 Art SAMSON (present) in 6:56 pm
- Ward #14 Dave BRADEN (present) in 6:59 pm
- Ward #15 Margaret McCARTHY (present) in 6:57 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
- Neil Everson - Executive Director, Economic Development
- Mario Joannette - Executive Assistant to the Mayor
- Jim Kay - General Manager, Emergency Services / Fire Chief
- Tim McCabe - Director of Development and Real Estate
- Guy Paparella - Economic Development
- Glen Peace - City Manager
- Joe-Anne Priel - General Manager, Public Health and Community Services
- Scott Stewart - General Manager, Public Works
- Tony Tollis - Director, Budgets & Finance - Corporate 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 : "Good evening ladies and gentlemen and 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" (pause) "please" (pause) "I would like to - please be seated, yes, indeed - " (hear giggles from Council and gallery) "Ya, please, please, ya" (hear more giggles and Mayor, too) "Ladies and gentlemen, I'd like now to welcome, Reverend Arousma (sp?) Sounai (sp?) to this evening's meeting."
"Reverend Sounai - as well as being a very good soprano, I just learned - was born in Kirkland Lake ; was raised in Toronto . And, has taught French, German and English as a Second Language with the Scarborough Board of Education for 13 years before entering the Seminary."
"She has been ordained for over 10 years and has served Lutheran Parishes in North York , Montreal , and now is the Pastor of Transfiguration Lutheran Church on Hamilton Mountain [ 232 Fennell Ave E Hamilton , ON L9C 2C7 ; (905) 385-1321] which is a congregation of about 280 parishioners. She is the first woman to serve them as Pastor and has enjoyed their support and feels enriched by serving them."
"Welcome Reverend Sounai. And, would you please lead us in prayer."
The Reverend Arousma Sounai "Let us pray for all who are gathered, here - for our Mayor; Council Members; for our City and the needs of its citizens - responding to 'God of wisdom' with 'hear our prayer'."
"Almighty God, You created us to be good stewards of Your creation. Help us care for our environment. Make us useful in the conservation of energy and out resources. Teach us to care for the air we breathe and the good earth, so that it may be fruitful. God of wisdom, hear our prayer."
"We give thanks for all those who serve this city - for our Mayor and its Councillors who work on committees that help to make living here as sustainable reality, who care for the welfare of its people, who strategize about the best way to care for our surroundings - both environmentally and economically. For their dedication to service, we give You thanks. God of wisdom, hear our prayer."
"Giver of life, we ask that You be with all those who care for the sick at homes and in institutions, that they may serve with compassion, patience and understanding. We pray especially for doctors and nurses, home care workers, Chaplains, nursing home staff and volunteers who have been set aside for a special calls. Give them perseverance and strength in their ministry. God of wisdom, hear our prayer."
"Refuge of the destitute, the homeless, the helpless, the poor. Grant this Council your wisdom so that they may wrestle with new ways of making housing affordable - that strife and unemployment and underemployment issues might be resolved. We pray that - for that day when there will no longer be need for food banks and homeless shelters. God of wisdom, hear our prayer."
"In a society which struggles at times to maintain a semblance of order, grant courage to our Police Officers and our Firefighters. Protect them as they enter unknown places. Teach citizens to respect others' property; others' sense of worth. We pray, especially, for the victims of violence in our homes, on our streets and in our work places. Help us to bring about peace. God of wisdom, hear our prayer."
"Giver of peace, grant to all who have assembled here to speak their mind; the confidence to voice and opinion without fear of being shot down; the patience needed to find the right words which will not offend; the calmness of demeanor which will not only show respect for others, but which will also garner a respect for them. In all that is discussed and in all that is debated, grant them wisdom. God of wisdom, hear our prayer."
"When shadows lengthen and the day grows into evening grant us rest from our daily labours and peace in our hearts that all that has been done and accomplished this day may be for the benefit of all. In thanksgiving, we commend our fellows and all those in need to Your loving care. Protect, guide and comfort them. God of wisdom, hear our prayer. Amen."
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Mayor DiIanni : "Members of Council, just a sad announcement: it is regret that I announce the sudden passing of Karen Haist-Pedersen on April 29 th . Karen was a Senior Public Health Nurse employed by the City. And, she's been in our employment since 1990."
"Her most recent position was in Family Health Division - Central Office. And, we extend condolences to Karen's husband Robert and their three children as our thoughts are with them during this most difficult time."
(see Hamilton Spectator - Announcements, May 1, 2006 :
http://classifieds.hamiltonspectator.com/NASApp/OLCSApp/
do/keyword_view_ad?categoryName=ANNOUNCEMENTS&classId
=822&adID=200605011057249 -
"HAIST-PEDERSEN, Karen - Peacefully at Hamilton General Hospital surrounded by her loving family after a sudden illness on Saturday, April 29, 2006 , in her 42nd year. Beloved wife of Robert and cherished mother of William, Oliver and Robin. Will also be missed by Robert's children Dane and Jace. Loving daughter of Clinton and Mary Haist, and daughter-in-law of Georgina and the Late Robert Pedersen. Loved sister of Jim and Rose, Bob and Nancy, Gary and Shelley, and Linda. Sister-in-law of Alan, and Sonia and Bernie Kirschen. Will also be missed by many nieces and nephews. Friends will be received at the DONALD V. BROWN FUNERAL HOME, 36 Lake Ave. Dr., Stoney Creek (905-662-2948) on Tuesday from 6-9 p.m. Funeral Service to be held at the Stoney Creek United Church on Wednesday, May 3rd at 11 a.m. Cremation to follow. In lieu of flowers, donations to the Stoney Creek United Church would be greatly appreciated by the family.")
1. Approval of Agenda
(Kelly / Braden - 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 a number of added Communication Items tonight ." (City Clerk goes on to read changes to Communications)
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1 - ADDED Communications
5.7 (Added) - Petition signed by 11 residents objecting to relocation of bus stop from north east corner of Delaware and St. Clair to 185 Delaware Avenue
Recommendation: Be received and referred to the General Manager of Public Works for a report to the Public Works, Infrastructure and Environment Committee
5.8 (Added) - Request for Nominations - AMO [Association of Municipalities of Ontario ] Board of Directors
Recommendation: For the consideration of Council
5.9 (Added) - Correspondence from Rick Smith, Environmental Defence respecting Protection of the Greenbelt within the City of Hamilton (Item 12 of PED [Planning and Economic Development] Report 06-007, May 2, 2006)
Recommendation: Be received.
5.10 (Added) - Correspondence from Joseph Mancinelli of LIUNA [Laborers' International Union of North America] (dated May 8, 2006 ) regarding the Lister Block
Recommendation: Be received
(Clerk's note: Councillor McHattie will have a Motion respecting this item)
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2(a) - DISTRIBUTED Reports
6.2 Planning and Economic Development Committee Report 06-007, May 2, 2006 (to be distributed)
6.5 Social Services Committee Report 06-005, May 9, 2006 (to be distributed)
6.6 Community Services Committee Report 06-005, May 9, 2006 (to be distributed)
6.7 City of Hamilton Licensing Committee Report 06-004, May 4, 2006 (to be distributed)
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2(b) - ADDED & DISTRIBUTED Reports
6.9 (Added) - Special Committee of the Whole Report 06-008, May 8, 2006 (to be distributed)
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3 - ADDED Motions
7.2 (Added) Motion by Councillor Merulla respecting Ontario 's Workplace Safety and Insurance Act
7.3 (Added) Motion by Councillor Bratina Respecting Veteran's Place Dedication
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Mayor DiIanni : "Thank you, very much. Members of Council, then, I need a verbal Motion to approve the Agenda as amended, please. Councillor Kelly; Councillor Braden. All in favour?" (hear councillors say carried) "That's carried."
2. Declaration of Interest
Mayor DiIanni : "Any declarations of interest?"
3. Ceremonial Activities (None)
Mayor DiIanni : "Seeing none, we have no Ceremonial Activities - the Public Works Department has run out of people to recognize. So - " (hear giggles from Council and gallery)
4. Minutes of the meeting of City Council held on:
4.1 April 26, 2006
(Mitchell / Whitehead - CARRIED)
Mayor DiIanni : "Members of Council, may I have a verbal Motion to approve the Minutes of the City Council meeting held on April 26, 2006 ? Moved by Mitchell; Seconded by Whitehead. All in favour?" (hear councillors say carried) "That's carried."
4.2(a) Motion to reconsider City Council Minutes held on April 12, 2006
(http://www.myhamilton.ca/NR/rdonlyres/E916D356-17AA-4007-BD76-
429C306D18E1/0/Apr12Minutes.pdf
- See Item 8, Corporate Administration Committee - vote taken after In Camera session:
"8. United Brotherhood of Carpenters and Joiners of America Local 18 Certification (HUR06005/FCS06039) (Item 12.1)
Mayor DiIanni and Councillors Collins, Jackson, Merulla and Whitehead indicated they wished to be recorded as OPPOSED to Item 8 of Corporate Administration Report 06-005.
(Samson/Whitehead)
That the FIFTH Report of the Corporate Administration Committee be adopted, as amended, and the information section received. CARRIED ")
MOTION to Reconsider : "That the Council Minutes of April 12, 2006 be reconsidered to allow an amendment to the noted Oppositions recorded to Item 8 of the Corporate Administration Committee Report 06-005 -- United Brotherhood of Carpenters and Joiners of America Local 18 Certification"
(Kelly / Jackson - CARRIED)
Mayor DiIanni : "And, Councillor Kelly, I understand you have a Motion to reconsider the Minutes of April 12 th in order to amend the Oppositions noted in Item 8 of Corporate Admin[istration] respecting the United Brotherhood of Carpenters [and Joiners of America, Local 18 Certification]."
"May I have a verbal Motion to approve the Minutes of April 12 th , 2006 as Amended, then - "
Kelly : " - ya, I've got, actually, two Motions here - "
Mayor DiIanni : " - Go ahead - "
Kelly : " - Mr. Mayor, to try to do the process."
"Moved by myself; Seconded by Ward 6 Councillor Tom Jackson that the Council Minutes of April 12 ." (Councillor Kelly goes on to read Motion to reconsider in 4.2(a) as noted above)
Mayor DiIanni : "Thank you. All in favour?" (hear councillors say carried) "That's carried."
4.2(b) Motion to add Councillor Bill Kelly to 'Oppositions' to Item 8 of Corporate Administration Committee Report 06-005 in City Council Minutes of April 12, 2006
(http://www.myhamilton.ca/NR/rdonlyres/E916D356-17AA-4007-BD76-
429C306D18E1/0/Apr12Minutes.pdf -
See Item 8, Corporate Administration Committee - vote taken after In Camera session:
" 8. United Brotherhood of Carpenters and Joiners of America Local 18 Certification (HUR06005/FCS06039) (Item 12.1)
Mayor DiIanni and Councillors Collins, Jackson, Merulla and Whitehead indicated they wished to be recorded as OPPOSED to Item 8 of Corporate Administration Report 06-005.
(Samson/Whitehead)
That the FIFTH Report of the Corporate Administration Committee be adopted, as amended, and the information section received. CARRIED ")
MOTION to Amend : "That Councillor Bill Kelly be added to the recorded Oppositions noted in the Council Minutes of April 12, 2006 respecting Item 8 of the Corporate Administration Committee Report 06-005 - United Brotherhood of Carpenters and Joiners of America Local 18 Certification"
(Kelly / Jackson - CARRIED)
Mayor DiIanni : "And, your second Motion."
Kelly : "And, the second Motion is Moved by myself; Seconded by Ward 6 Councillor Tom Jackson that Councillor Bill Kelly be added ." (Councillor Kelly goes on to read Motion 4.2(b) as noted above)
"And, just to briefly - I've talked to a number of my colleagues about this already, Mr. Mayor. That was the meeting that we had that went to almost to about midnight . And, we had a rather in depth about that. And, I did oppose the Motion at the time. And, obviously, the problem was is, I guess, the Clerks missed that."
"And, mea culpa - when we did the Minutes at the last Council meeting, I got here late because of a family matter and didn't see the Minutes. And so, I talked to the Clerk about this. And, this is the Motion."
"It's really a housekeeping measure to clean this up."
Mayor DiIanni : "Thank you. All in favour?" (hear some councillors say carried; and hear Councillor Whitehead say something off microphone) "Councillor Whitehead."
Whitehead : "Can I just ask the Clerk: what is the process for recording - because, I know that there's four that was actually recorded as Opposed. And so, that we're not dealing with Motions after the fact, in the future."
"I just want to know what was missed. Was it a clerical error?"
Kevin Christenson - City Clerk : "Through you, Mr. Mayor. The normal process is that anyone who wishes to be recorded Opposed, notes it through you. And you, in turn, would repeat those Members who are noted as Opposed."
"The other option, of course, is a standing recorded vote, which can be called at any time. But, in this particular case, the Minutes reflect that we had a number of Members - I think there was four that were noted as Opposed. We inadvertently left out Councillor Kelly off that list. And, we're correcting that now, with this amendment."
Whitehead : "Thank you."
Mayor DiIanni : "All in favour, again?" (hear councillors say carried) "That's carried." (hear City Clerk say something off microphone)
4.2(c) - Motion to Approve City Council Meeting Minutes of April 12, 2006 as Amended
(Mitchell / Pearson - CARRIED)
"Yes, on the - I need a verbal Motion, then, to approve the Minutes of April 12 th, as amended. Moved by Mitchell; Seconded by Pearson. All in favour?" (hear councillors say carried) "That's carried. Thank you."
5. Communications
(Pearson / Mitchell - CARRIED as Amended)
(Please note : Communications Items are listed in this transcription in the order Council dealt with them at the meeting.)
Mayor DiIanni : "Under Communications, Members of Council, we have before us 5.1 to 5.9 [5.10], There are a number of Communications that are for the Consideration of Council and require further disposition."
"And, the first one is 5.5 - Correspondence from Catherine Vout, Clerk of Town of Grimsby respecting the Greenbelt - Provincial Policy Statement - Retirement Lots for Farmers."
And, the recommendation is really up to us. So, Councillor Mitchell, please, and then Councillor McCarthy."
5.5 Correspondence from Kathryn J. Vout, Clerk, Town of Grimsby, respecting Greenbelt Plan and Provincial Policy Statement - Retirement Lots for Farmers
Recommendation: For the consideration of Council
Consideration put for Recommendation : "That Hamilton City Council endorse the recommendation of the Town of Grimsby to go on to the Minister of Municipal Affairs."
(Mitchell / Pearson - CARRIED)
Mitchell : "Thank you, Mr. Mayor. It's Moved by myself; Seconded by Councillor Pearson that we endorse Grimsby Town Council recommendation to go on to the Minister of Municipal Affairs."
Mayor DiIanni : "Okay, I'll take that - Councillor McCarthy, you're okay with that? - All in favour?" (hear councillors say carried) "Against? That's carried."
"The next one, 5.6 Communication from FCM [Federation of Canadian Municipalities] respecting new funding opportunities for Brownfield remediation. Councillor Collins, please."
Collins : "Mr. Mayor - "
Mayor DiIanni : " - and the recommendation is to refer this back to the City Manager for a report to the appropriate Committee. But, go ahead Councillor."
5.6 Communication from FCM respecting New Funding Opportunity for Brownfield Remediation
Recommendation: For the consideration of Council
Consideration put for Recommendation : "That this item be referred back to the City Manager for a report back to the appropriate committee"
Direction : "That staff be mindful of the May 31, 2006 deadline in preparing and submitting their report for Council decision."
(CARRIED)
Collins : "It is time sensitive, though. So, will we hav - my question was going to be will we have something back from staff in time for the - I believe it's a May 31 deadline."
Glen Peace - City Manager : "Through you, Mr. Mayor to the Councillor, I'll make this a priority and meet with staff tomorrow and see if we can get this back quickly."
Collins : "Okay. Thank you."
Mayor DiIanni : "Councillor Bruckler."
Bruckler : "Actually, my question was re - actually a referral to number 5.3"
Mayor DiIanni : "All right. So, let's take a vote on this one [5.6]. It's a referral on 5.6. Now, it's a referral Motion. So, there shouldn't be any discussion. On direction, Councillor?"
Whitehead : "I - so, the staff have made a commitment to take a look at - "
Mayor DiIanni : " - that's right - "
Whitehead : " - understanding that the time lines - so is that to suggest we can have something in regards to options back to the next Committee of the Whole meeting?"
Mayor DiIanni : "Well, the City Manager indicated that he's going to make that a priority. So - and he understands the time-sensitivity. So, yes. Okay?"
"All in favour of 5.6, then?" (hear councillors say carried) "That's carried."
"On 5.3, Councillor. Go ahead."
5.3 Correspondence from the Honourable Madeleine Meilleur, Minister of Community and Social Services respecting social assistance in Ontario.
Recommendation: Be received
(CARRIED [with general vote on communications])
Bruckler : "Thank you, Mr. Mayor. Just - the third paragraph. There's a - the last sentence - perhaps, a little scary and cautionary. It says: 'Municipalities will not share the cost of the increase until 2007.' And, this is as it relates to funding for the Ontario Disability Support Program and Ontario Works increased funding."
"I'm just wondering if staff have any information relative to what that increased funding implications might be for the City. And, if we can just hear back from staff at a later date. They may not have any information on it. But, I think it's worthwhile for them to look at this and to get back to us."
Mayor DiIanni : "And, I see appropriate staff nodding agreement."
"Councillor Kelly."
Kelly : "Same item, Mr. Mayor. And, I want to congratulate the Provincial Government for a number of the initiatives that came forth in the Budget a couple of weeks ago. And, at the risk of sounding like a broken record - or broken IPOD, I guess, to keep up with the technology - the ultimate solution for this is to upload Social Services costs back to the Provincial Government, which we've talked about ad nauseam , I know, to Premier McGuinty and to the previous government, too. And, with an election coming up a year from now, we're going to continue with that message, too."
"It's all well and good to increase these funding sources incrementally. But, Hamilton , London , Toronto , Windsor - so many other cities - are being adversely affected by this. And, again, remind the people in the audience, and of course people watching at home: this is Ontario - the only jurisdiction in all the G-8 nations that has Social Services on the property tax. And, we can keep our fingers crossed, that as we move toward a Provincial election that either the current government. Or, somebody's going to come forward and say that we're going to try to rectify that. And, that's ultimately going to solve everybody's problems. Thank you."
Mayor DiIanni : (hear a glass clink just before Mayor starts to speak) "Thank you very much. Councillor Merulla."
Merulla : "Point, sir. Just a point of clarification. Broken IPODs just don't play." (hear giggles from Council and gallery)
Mayor DiIanni : "Well, maybe your broken IPODs don't play. But obviously, his do." (hear more giggles)
( Please note : Communications Items are listed in this transcription in the order Council dealt with them at the meeting.)
See Part #2
Continuing with Item #5 Communications Item at 5.8 - "Request for Nominations - AMO Board of Directors"
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