Council

Council

info@hamiltoncatch.org

May 24, 2006 Report – Part 1 of 6
7:00 pm (actual start at 7:05 pm)
Location: Hamilton City Hall, Council Chambers
(In Camera @ 9:59 pm ; Out of Camera @ ? pm)
(adjourned @ ? pm)

Members of Council :

Mayor Larry DiIANNI (present) in 7:05 pm
Ward # 1 Brian M cHATTIE (present) in 7:00 pm
Ward # 2 Bob BRATINA (present) in 6:37 pm
Ward # 3 Bernie MORELLI (present) in 6:57 pm
Ward # 4 Sam MERULLA (present) in 6:55 pm
Ward # 5 Chad COLLINS (present) in 6:58 pm
Ward # 6 Tom JACKSON (present) in 7:00 pm
Ward # 7 Bill KELLY (present) in 6:50 pm
Ward # 8 Terry WHITEHEAD (present) in 7:01 pm
Ward # 9 Phil BRUCKLER (present) in 7:01 pm
Ward #10 Maria PEARSON (present) in 6:55 pm
Ward #11 David L. MITCHELL (present) in 7:02 pm
Ward #12 Murray FERGUSON (absent - illness)
Ward #13 Art SAMSON (present) in 7:03 pm
Ward #14 Dave BRADEN (present) in 6:50 pm
Ward #15 Margaret McCARTHY (present) in 6:59 pm

Members of Staff

Peter Barkwell - City Solicitor
Ida Bedioui - Legislative Assistant
Kevin Christenson - City Clerk
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
Mike Kirkopoulos - Communications & Media Relations - Office of the Mayor
Brian Mullan - Police Chief
Guy Paparella - Economic Development
Glen Peace - City Manager
Joe-Anne Priel - General Manager, Public Health and Community Services
Joe Rinaldo - General Manager, Finance and Corporate Services
Steve Robichaud - GRIDS Manager
Scott Stewart - General Manager, Public Works

Members of the Media present :

Cable 14
Doug Cameron - K-Lite FM
Ken Mann - CHML
Nicole MacIntyre - Hamilton Spectator
CH TV

COUNCIL AGENDA

Call to Order

Mayor DiIanni : "Good evening Members of Council, 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 >>

Prayer

Mayor DiIanni : "Thank you. Please be seated. Members of Council, ladies and gentlemen, I'd like now to welcome Reverend Lillian Curtis to this evening's meeting."

"Reverend Curtis is the Chaplain at Wentworth Heights Seniors home (http://www.hamiltonltc.org/facilities/wentworth_heights.htm) on Hamilton Mountain ; Alexander Seniors Place in Waterdown (http://www.hamiltonltc.org/facilities/alexander.htm) and she's also the Chaplain for Hamilton Police Service." (http://www.hamiltonpolice.on.ca/HPS/AboutHPS/OrgChart/
OfficeOfTheChief/ExecutiveOffice/ExecutiveOfficer.htm)

"Reverend Curtis is married with three children and is a retired elementary school physical education teacher from Hamilton . Her husband, also retired, was a principal in the Hamilton system at the elementary level."

"She received her Divinity degree from McMaster University , and was ordained a Baptist Minister from Saint - from James Saint Baptist Church [James Street Baptist, maybe? - http://jamesstreet.ca/postnuke/index.php] and is presently the Minister at Mount Hamilton Baptist Church . (http://mhbc.mhbc.ca/) Welcome Reverend Curtis. And, would you please lead us in prayer."

The Reverend Lillian Curtis : "Thank you. Let us pause a moment and ask God's guidance in our deliberations this evening."

"Creator God, Whom we perceive in various ways, we gather giving thanks for this opportunity to recognize the commitment and dedication of this City Council as they proceed to do the work that they've been called upon to do in this community and abroad."

"We thank You for this time that is set aside by a busy City Council to honour and support those who are in positions of authority, maintaining peace, order and safety. We also ask Thy guidance in whatever deliberations they may have, this evening - that they may be thoughtful and with wisdom."

"We know that there are times when risks are taken which put the lives of our people in danger, as well as the people who are in our Police force - who do some great work - at various times. As a chain is as strong as its weakest link, we realize that there are many individuals who work together and follow orders of their leaders which accomplishes success."

"We are thankful for the leadership of our Mayor and for our leadership of the Chief of Police, who each have an outstanding commitment as leaders in this great City of Hamilton . We're also grateful for what they have done, and what they have yet to do, and for strength beyond themselves as they strive for what is right, what is good, for all people. May this time of support and recognition encourage each to strive for even greater heights. We pray to God who we love and adore. Amen."

Mayor DiIanni : "Thank you very much, Reverend Curtis."

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

Mayor DiIanni : "Mr. Clerk, are there any changes to the Agenda?" (hear a glass clink)

Kevin Christenson - City Clerk : "Yes, thank you, Mr. Mayor. We have 4 items of Communication this evening. Item 5.6 Correspondence from John Gerretsen ." (Clerk goes on to list changes as noted below)

=============

1 - ADDED Communications

5.6 (Added) - Correspondence from John Gerretsen, Minister of Municipal Affairs and Housing respecting Affordable Housing Program - Strong Start for 260-280 King Street East - signed contribution agreement
(http://www.myhamilton.ca/NR/rdonlyres/EF70A383-8263-4917-992D
-AA4FC8FAC169/0/May24Item56.pdf )
Recommendation: Be received

5.7 (Added) - Correspondence from Jeffrey L. Davies respecting A. DiMarco - Waterdown North Secondary Plan
(http://www.myhamilton.ca/NR/rdonlyres/89B501C2-794D-4BB0
-A563-472DB6146318/0/May24Item57.pdf)
Recommendation: Be received

5.8 (Added) - Correspondence from John Gerretsen, Minister of Municipal Affairs and Housing respecting provincially appointed Conflict of Interest Commissioner
(http://www.myhamilton.ca/NR/rdonlyres/523EBA87-8084-4770-A2EF
-D8A7EB420AD1/0/May24Item58.pdf)
Recommendation: Be received

5.9 (Late Added - copy distributed) - Correspondence from Mr. Singh, President of Ramgarhia Association Hamilton respecting Item 16 of Planning and Economic Development Committee Report 06-006 respecting the Application to Amend an Existing Provisional Certificate of Approval (Waste Transfer/Processing Site) Ministry of Environment Reference #7379-6L8QPW, Waste Services (CA) Inc., Located at 306 Lake Avenue North (Hamilton) (PED06120) (Ward 5)(Item 8.4)
Recommendation: Be received

5.10 - See Councillor Merulla's statements below - (Late Added - no copy at Council) - Correspondence from local paramedics
Recommendation: For the consideration of Council

========

2 - DISTRIBUTED Reports

6.5 Social Services Committee Report 06-007, May 23, 2006 (to be distributed)
(http://www.myhamilton.ca/NR/rdonlyres/92C99ED0-46F4-463B-8AF0
-CE103A97044F/0/May23Report06007.pdf)

=============

3 - ADDED Motions

7.2(a) (Added) Motion 7.2(a) by Councillor McHattie to reconsider subsection (g) of Item 1 of Planning and Economic Development Committee Report 05-012 respecting City Use of Section 4.4 - Public Uses Permitted in All zones regulation of Zoning By-law 05-200
(http://www.myhamilton.ca/NR/rdonlyres/1F68738E-E4CA-4DA8-B8B9
-E11C710DBC31/0/May24Motion72a.pdf)
(McHattie)

7.2(b) (Added) Motion 7.2(b) by Councillor McHattie to delete and replace subsection (g) of Item 1 of Planning and Economic Development Committee Report 05-012
(http://www.myhamilton.ca/NR/rdonlyres/6AF1CBAE-5BFE-40A7-9FF0-
ABAD8A82ED04/0/May24Motion72b.pdf)
(McHattie)

=============

4 - ADDED Notices of Motion

8.1 (Added) Added Notice of Motion 8.1 by Councillor McHattie respecting Hamilton Media Project
(http://www.myhamilton.ca/NR/rdonlyres/92358E56-3FAD-47FD-B2C2-
8A9A8ABA1118/0/May24Motion81.pdf)
(McHattie)

=============

5 - ADDED Private and Confidential

10.2 (Added) Matter respecting Solicitor / Client Privilege

=============

6 - ADDED By-Laws

11 - (Added) BY-LAW LISTING ( May 24, 2006 - Bills 06-132 to 06-145)
(http://www.myhamilton.ca/NR/rdonlyres/ABB77707-C83B-49CD-AEED
-BA613E9D39F4/0/May24BilllistMay24.pdf)

==============

Mayor DiIanni : Thank you very much, Councillor Merulla."

Merulla : "Thank you, Mr. Mayor, as you have noticed, I have distributed to the Clerk's Office, a letter from local paramedics who are here in significant numbers this evening." [at least three full rows on each side of gallery] "So, I'm just assuming we can include this as an item of Correspondence."

Mayor DiIanni : "Yes, indeed, Mr. Clerk, we'll add that as one of the items of Correspondence. What number should it be."

Kevin Christenson - City Clerk : "Mr. Mayor, we can do that as a Change to the Agenda, at this point. Add it as Item 5.10 and then Councillor Merulla can suggest a Motion for it."

Mayor DiIanni : "Right. Indeed. So, I'll call on you at the appropriate time, Councillor Merulla."

"Members of Council, I need, now, a verbal Motion to approve the agenda as amended. Moved by 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?" (hear a glass clink) "Councillor Bratina."

Bratina : "Mr. Mayor, on Item 8.1, it's a broadcasting matter and I'm employed by a broadcaster."

Mayor DiIanni : "Okay. So noted. Members - Councillor Braden, did you - no, okay."

3. Ceremonial Activities

Mayor DiIanni : "Members of Council and Members of the audience, we have a couple of ceremonial activities tonight."

3.1 Police Service Recognition

Mayor DiIanni : "And, the first one is recognition of our Hamilton Police Service (http://www.hamiltonpolice.on.ca/hps/), given that this is Police Week, and there have been many, many activities. And, I'd like to call to the podium, please, the Chief - Police Chief Brian Mullan and Councillor Bernie Morelli to briefly address Council."

"And, of course, as Councillor Morelli is coming forward, we all know that he was recently elected President of the Ontario Association of Police Services Boards (http://www.hamiltonpolice.on.ca/hps/) by his Provincial colleagues at its annual meeting."

"And, of note, as well as this being an honour for Councillor Morelli, I think it's an honour for our Council and the City and Police Service's Board, as well as it being the first time that a Hamilton Police Board member has served in this capacity. Congratulations, Councillor Morelli." (hear applause from Council and gallery)

Councillor / Hamilton Police Service's Board Chairman Morelli : "Thank you, Mr. Mayor. I'm honoured and pleased as President of the Ontario Association of Police Services Boards - and, in particular, to represent the interests of Hamilton . And, quite frankly, as you may - as you obviously are aware and many others are as well, one of the first benefits of that has been the collective effort that has been undertaken and achieved with respect to the Sandbar" [Tavern] (see The Hamilton Spectator, "Sandbar Seizure: Province moves to take ownership of building with 10-year history of murder and drug dealing," by John Burman and Linda Nguyen, Thursday, March 9, 2006, pp A1 and A7 - http://www.hamiltonspectator.com/NASApp/cs/ContentServer?
pagename=hamilton/Layout/Article_Type1&c=Article&cid=
1141858213939&call_pageid=1024322466723) "which I think you're going to refer to later. But, through that process and through my position and with the efforts of the good Chief and even departments within the City, we have been able to achieve some substantial differences in that particular area, alone."

"I just want to take this opportunity tonight to thank you for the recognition. I'm pleased to be here, tonight, on behalf of the Hamilton Police Service's Board, of which the Mayor is a member, as well as Councillor Tom Jackson, who's sitting in for my good friend, Councillor Ferguson, who's ill and improving each and every day."

"As you know, I want to make the point on our behalf to not only to thank you, but to thank the Chief, the organization throughout from top to bottom - and particularly the frontline people who deliver the service each and every day. And, as you all are aware, with the changing social environment, it gets very difficult."

"We're not a perfect organization. But, I can tell you that our goal is to be perfect. And, that's what we work towards. And, as we work - just this week, in developing our business plan going forward for the next three years, we make it very clear that we are a market driven and community driven service. We refer to ourselves as a Police 'Service' and not a Police 'Force.'"

"And so, as we work together with all our partners this week. And, that includes everyone that we can think of, in terms of community, we will be putting together our Business Plan for the next three years, which will reflect the needs of this community and continue to reflect the needs of this community. And, obviously, once the Plan is in place, we will continue to initialize it with our Vision and our Mission and make sure that it is communicated, and empowered and operated and put into operation with everyone throughout the organization."

"So, on behalf of the Hamilton Police Service's Board, let me just take this opportunity, once again, to thank you for this wonderful recognition. We are one of the best - and, you are all part of that, because you serve as the major funnel, as Council, to report what you believe is representative of your constituents. And, I can tell you that's a very intricate part of what we believe we are here to do. And so, on behalf of the Board, my thanks and gratitude. Thank you, Mr. Mayor." (hear more applause from Council and gallery)

Mayor DiIanni : "Thank you very much Chairman Morelli - Councillor Morelli. And, I can say with tremendous sincerely - and I know it would be borne out by all and each of the Members of the Board - that Councillor Morelli works extremely hard on Police Service issues for all of us in this community. And, we really appreciate that." (hear more applause from Council and gallery)

"Chief Mullan, please."

Hamilton Police Service Chief - Brian Mullan : "Thank you, your Worship. And, as is the usual case, Bernie's covered a lot of the points that I would typically cover."

"First and foremost, I want to thank Members of Council for their support for the past year. And, I know, their continued support in regards to the policing activities within the community."

"Secondly, I would just like to reinforce, it is the wonderful work of our front line Officers and Specialty Units that has really met tangible results in what you're seeing in the day to day lives and the Downtown core and other areas across the City. The recognition that we're receiving tonight certainly is not for the Chief of Police or the Deputy Chiefs of Police - it's all about the frontline Officers and members of our Service that support us in our activities."

"So, on behalf of all of our members, thank you very much for the recognition tonight." (hear applause from Council and gallery)

Mayor DiIanni : "Thank you very much." (hear continued applause) "Thank you very much, Chief and please convey to all of the members of the Police Service - Frontline; Civilian; Sworn - our gratitude for the work that they do each and every day."

"I've got to say, Members of Council, that the Police, of course, Service are only as effective as we make them, if we support them in the community. And, I know that they have tremendous support. And, over the next three days, looking ahead, the Police Chief is leading a strategic planning exercise. And, I know Councillor Jackson and Chairman Morelli, as well as Councillor Mitchell were there, today, to participate with - not only members of the force - but also, members of the community. And, just a great model of trying to do even better and to reach the kind of perfection that the Chairman was talking about."

"So, thank you to all."

3.2 30th Anniversary of the International Village Business Improvement Area

Mayor DiIanni : "The next item of recognition is in recognition of the 30 th anniversary of the International Village BIA. (http://www.hamiltoninternationalvillage.ca/) And, I'd like to invite Peter Quaglia (sp?) Chairman of the International Village BIA's Board of Management to join me at the podium."

"And, as Mr. Quaglia's doing, let me just tell you that in the early '70s, a group of merchants on King Street East organized themselves as a Merchant's Association. The Merchant's Association eventually became the International Village BIA in 1976 - the first BIA designated in the City of Hamilton ."

"Today, after two expansions, the boundaries of the International Village BIA are Main, King and King William Street from the east side of Mary Street to the east side of West Avenue North."

"The BIA nurtures small independent business members who have a vested interest in the well-being of the community, as a whole. The activities of the BIA are numerous and include: retaining and recruiting business; marketing and promotion; cleanliness and security; and beautification - all initiatives that support the 'Eyes on the Street' philosophy."

"The volunteer hours that the Board of Management and members dedicate to ensuring that their neighbourhood is a place where people want to live, work, play and invest, is to be commended and has influenced the renaissance of the area that has been taking place over the past 10 years."

"Since 1995, the City of Hamilton has invested in the reconstruction of Ferguson Avenue . The BIA took the opportunity to complement the investment by creating and hosting Hamilton 's Mustard Festival on Ferguson Avenue - an event that is held annually during the Labour Day weekend. This year will witness the ninth annual Mustard Festival. And, if the crowds are anything like last year, the BIA will be hosting over 15,000 people from Hamilton and beyond."

"I'm pleased to ask Councillor Bratina to join me here, at the podium, please and to present a Certificate of Recognition to the Board of Management and members of the International Village BIA which reads, as follows - maybe I'll get Councillor Bratina with his radio voice - "

Bratina : "Thank you" (hear giggles from Council and gallery)

(reads certificate) " 'The health and well-being of our community is dependent on the strength of its unique and distinct parts. This Certificate of Recognition is presented to the Board of Management and Members of the International Village Business Improvement Area in celebration of the 30 th anniversary of the International Village BIA - the first BIA designated in the City of Hamilton , January, 1976.' "

" ' The International Village BIA is an excellent example of a vibrant urban community. The BIA recognizes the crucial link between creating a quality of place and attracting people to live, work and play. Through nurturing and cultivating small independent businesses, International Village is being given new life by means of renovation, marketing, development, organization, employment and beautification, which in turn, has influenced investment in our community.' "

"Signed by his Worship, Mayor DiIanni. Peter, I am very pleased to present this to you." (hear applause from Council and gallery)

Peter Quaglia - Chairman, International Village BIA Board of Management : "Thank you, Mr. Mayor, Members of Council, City staff, ladies and gentlemen. I'm currently the Chair of the Board of Management for International Village BIA. And, in 30 years, we have had seven Boards of Management. The first couple of Boards had 35 members. Lots of people to do the work - all volunteer hours. Today I'm happy to say, our Board has seven members - a lot easier to get a quorum - and, of course, a full time Executive Director."

"I'd like to introduce those Board Members who are here, this evening: Frank Lowinger (sp?) who was one of the founding members of the BIA - if you'll stand, Frank; Ruth Lewis, who is a property owner; John McHenry (sp?) with Theatre Aquarius; unfortunately Herb Wodehouse (sp?) a long-time property owner and Gord Thompson (sp?) could not be here, this evening; but, Trish Mongeon (sp?) is also one of our Board Members; along with Councillor Bob Bratina; and Councillor Bernie Morelli." (hear applause from Council and gallery)

"We would like to, especially, thank City staff - especially Hazel Milsome - for all that they do for us to improve the business climate and the public space within our boundaries - boundaries which have expanded twice in 30 years."

"Our thanks also go out to various Members of City Council over the past 30 years. We'd like to recognize former Councillor Andrea Horwath, now our MPP for Hamilton East." (Ms. Horwath stands in gallery and hear applause from Council and gallery) "A lot of our success was due in part to her cooperation and her assistance. We miss you, Andrea. But, we thank you, again, for your help."

"In good times and bad, Councils have stood by us while we tried to make a difference - a difference to our members, our neighbours and our City. We thank you for your continued support. And, most of all, your recognition tonight for what we do individually, collectively to make Hamilton the best City it can be to live, work in, invest in, play in and come to play."

"Now, we in International Village BIA wouldn't be where we are - nor would the City of Hamilton - without the likes of one Mary Margaret Pocius." (hear applause from Council and gallery) "Mary" (hear more applause) "Mary has been our Executive Director for, I believe, 15 years? - Yes - 15 years. Her passion for our Downtown and our fine City is obvious. She has earned the respect of many civic leaders, City Councillors and City staff. And, I believe she even has the 'Bat phone' number to the Mayor's Office." (hear giggles from Council and gallery) "I suggest Mary's connected." (hear someone say something off microphone) "She's got the key - oohh - we won't go there." (hear laughs from Council and gallery) "Mary's dedication and passion are the envy of many of Hamilton 's BIAs - not to mention many organizations abroad. We are very grateful to have Mary as a crucial part of our team."

"Now, don't forget Labour Day weekend - September 1, 2 and 3 at Ferguson Station's ninth annual Mustard Festival - Mary made me say that." (hear giggles from Council and gallery)

"We're anxious to see the reaction of our visitors that weekend. What a difference a year has made. Thank you, Mr. Mayor. We appreciate this recognition. Thank you." (hear applause from Council and gallery)

Mayor DiIanni : "Well done, Peter. And, I'm sorry I didn't recognize Andrea Horwath, earlier. And, I'm glad you were recognized, Andrea. You're always welcome here, as you know."

"And, just for your information, I was - years ago - Peter Quaglia's Grade 10 English teacher." (hear giggles from Council and gallery) "I was. And, I was looking at his script and every word was spelled correctly." (hear more giggles form Council and gallery) " - which is a nice change from what I remember." (hear more laughter and giggles) "Well done, Peter." (hear someone say something off microphone) "Oh no, I - " (then Mayor starts giggling) "Well done, Peter."

============

"Ladies and gentlemen, just before we begin the Council meeting, I received and e-mail that I forwarded to Councillors around - about the death, of course, of our latest Canadian soldier (Nichola Goddard), and was looking for some direction on the lowering of the flag, again. And, we will be lowering the flag for her funeral on Friday in front of City Hall."

"I contacted the Legion who was fully supportive of that. As you know, we're also developing a protocol. And, staff has some ideas of how we can handle this issue - not that we want to; we hope we never have to handle it, again. But, just so that - just so that you know."

See Part #2
Starting with Item #4 - "Minutes of the meeting of City Council held on May 10, 2006 "