Present: Pearson; Merulla (out 2x for 15 min); Whitehead (out 1x for 8 min); Braden (out 4x for 19 min); Bratina (out 5x for 34 min); Kelly (out 6x for 45 min); McHattie (out 3x for 6 min; left at 12:49); Mitchell (arrived at 9:35, out 2x for 4 min).

Also present: Art Samson

Media: Van Harten (Spectator), Werner ( Brabant ), Mann (CHML).

CATCH: Don

Changes to the Agenda: Two additional delegation requests: 4.2 from Angelo Bonitatibus; and Alexander Tabakoff. Pearson indicated that problems with the computer equipment would mean that the agenda order would be changed while efforts were made to fix the problem.

DELEGATION REQUESTS

4.1  Vince Mauceri, ParkSmart Inc., respecting Municipal Parking Operations and Enforcement in the Former Town of Dundas (PED06124) (Ward 13), Item 8.3 on this Agenda

4.2 Angelo Bonitatibus (Ward 8)

4.3  Alexander Tabakoff re parking in Ward 8

All delegation requests approved.

CONSENT ITEMS

5.1 Appointmentof Animal Control Officers for the City of Hamilton (PED06117) (CityWide)

5.2 DemolitionPermit - 435 Nebo Road (PED06113) (Ward 6)  

5.3 Recommendation to Designate 140 Erie Avenue, Hamilton, Under Part IV of the Ontario Heritage Act (PED06123) (Ward 2)  

5.4 Commercial Heritage Improvement and Restoration Program (CHIRP) 2005 (PED06121) (Wards 2 and 12)

All consent items approved without discussion.

8.1 Application for a Change in Zoning for the Property Located at 709-715 Main Street East and 104 Sherman Avenue South (Hamilton) (PED06068) (Ward 3) (Tabled from March 7, 2006, pending review with Ward Councillor) [7:44] Pearson notes ward councillor is satisfied with this. Merulla confirms and notes he has spoken with proponents about an initiative with bus passes. "We're trying to encourage the use of the bus passes in areas of higher density with parking issues perhaps as an incentive to use public transportation as opposed to attracting those that own vehicles." McHattie notes "setting up a meeting with HSR and Environment Hamilton to talk about the bus pass concept. This is sort of a bit of a pilot initiative because we're going to run into this problem across the city where we've got high density and very few options for parking.." Whitehead: "There could be both positive and negative implications in such a program and so I'm just wondering is there going to be an understanding by this committee if that program gets launched.." McHattie says idea is to try out ideas and then come back with results to this committee or PWIE. Maybe something that can be discussed at the GRIDS session on May 18. Whitehead wants program applicable right across the city. Approved. 4 minutes for this item.

Kelly asks that they go to 8.3 and 8.5 because Samson is waiting for these. Pearson says staff person not here yet but has been asked to arrive. [in fact, these two items, both about Dundas , were not dealt with until the end of the meeting four hours later].

8.4 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) [12:00] Stan Holliday presents staff report. Application is to increase waste storage from 100 to 150 tonnes per day. Company removes recyclable material from waste and stored until quantites are sufficient. Materials include paper fibre, wood, brick, metal. Site can also accept incidental food waste or packaging materials contaminated by food waste. Several city departments have visited site and don't object subject to several changes."It's being looked at as an opportunity to improve the existing facility and ongoing operations." Four changes - (1) doors installed to fully enclose storage building; currently large areas not closed. (2) paving of driveway area to reduce dragout onto roads; (3) south side of truck access be widened to accommodate truck turning into the site; (4) operator employ a pest control operator for regular inspection and baiting. "With all these factors and requirements, city staff and its departments feel that this existing operation, that will continue whether this amendment to this certificate of approval is approved or not, will improve." Merulla asks for clarification on (3). Holliday says turning radius be widened so large trucks will not go over the curb which they currently do. Merulla asks about Collins response. Holliday says he contacted Collins office but hasn't heard back. Merulla suggests tabling it until he hears from Collins. Pearson asks if Collins has responded, and Holliday says no but proponent may have invited Collins to the site. Pearson : ".I don't have a problem with tabling, but maybe until council to get verification from Councillor Collins." Whitehead asks if there were rules originally to block company from expanding to 150 tonnes. Holliday not aware of this. Pearson says "this particular use goes back . at least 20 maybe even 30 years . industrial zone, no residential around it." Whitehead says he'll support referral. Pearson : "I'm just putting information forward because I know the area, I know exactly where it is. It's been there many many many years. I'm sure it came under whatever rules of the day if there were any." Holliday emphasizes that the change being sought is the amount of storage. Bratina asks why city requesting paving. "Do we have anything in our planning measures that deal with this? . I believe there are many sites that are quite dirty." Holliday : "Particularly on this site, because this was an existing operation, it was an opportunity to improve an existing operation." Ed Switenky : ".every chance we get to improve any of these driveways, we take that opportunity through the site plan process." McCabe : "That requirement is part of council-approved site guidelines . but as Ed has mentioned this is an existing development . so we can't get the asphalting done under the normal process, so we're asking through this certificate." Bratina asks for an inventory of these types of properties "because we have a huge problem in this city called dragout which is trucks bringing materials offsite onto public throughfares. And it is a pollution problem, it causes asthma and all those awful things, PM10s and so on. Do other communities regulate this to a greater extent and is there anything we can do to try to mitigate what we have now?" McCabe says this is required by all municipalities "but we can't go back in time and pass a bylaw to say everybody has to do it, because everyone who was in place would have some legal non-conforming status . all we can do is as they come in for permits and site plans or development is make them do it . incremental approach to solving the problem . best we can do." Merulla says he's now heard from Collins "who's strongly opposed to the increased tonnage" . "which in essence makes me opposed to it so no need to table it and I'll move denial actually." Pointed out that this is an MOE decision so he says he'll move the city recommend to MOE to deny the application, seconded by McHattie. Vote held but not recorded. Clerk suggests applicant is here and should be asked to speak. Pearson does so. Brian Forrestal , vice president of environmental management and engineering for Waste Services. Says increase won't have any impact on traffic. "That is purely the storage allowance that allows us some operating flexibility through the day. Trucks are constantly coming in and going out and there will be times when landfills close or trucks breakdown and we want that flexibility of being able to say that we can operate say to 120 tonnes stored without going into non-compliance. It's purely an operating item.." Whitehead pursues his earlier question about original approvals for 100 tonnes. Forrestal says he wasn't with the company at that time so he doesn't know. Acquired business with the approval in place. "Yes it was approved at 100 tonnes". Whitehead explains his question again. Forrestal says they wrote to the neighbours and the MOE gets comments, "but as far as I know they're haven't been any objections." Braden asks for justification of request from Forrestal. Improvements. Etc. Forrestal notes doors will be an improvement. "I think that's what we will do. We will put in doors. . if we want to get the amendment we have to satisfy the requirements of the CoA. Also mentions paving. "The changes that we're really looking for are on the operational side." Be able to service all custoemrs. "It's something that we have difficulty doing now under the current Certificate of Approval." Pearson asks Holliday if passing Merulla motion will mean the conditions asked for by the city will be lost. Holliday confirms this. Clerk notes the recommendation can be revised to say city doesn't support CofA but if it does go ahead it wants such and such conditions. Merulla accepts this change to his motion. Loses on a 4-4 tie. Bratina and Whitehead support Merulla and McHattie. Braden, Pearson, Mitchell and Kelly vote against it. On the motion to approve, vote is reversed and loses on a tie vote as well. [34:35] 23 minutes for this item.

6.1 Application for a Change in Zoning for Lands Located at 1896 8th Concession Road West(Flamborough) (PED06112) (Ward 14) Staff report waived. No discussion. Approved.

6.2 Application for a Change in Zoning for Lands located at 35 Pine Street (Hamilton) (PED06116) (Ward 1) McHattie supports. No other discussion. Approved.

6.3 Application for Approval of a Draft Plan of Condominium Conversion for Lands Located at 86 Herkimer Street and 260 Bay Street South, Hamilton (PED06114) (Ward 2) No discussion. Approved.

6.4 Applicationsfor an Official Plan Amendment and a Change in Zoning for the Property Located at 170 Dewitt Road (Stoney Creek) (PED06115) (Ward10) This property was previously zoned for residential, then switched to two different commercial zonings and now is moving back to residential at a higher density. Whitehead supports proposal but is concerned that residential produces less taxes than commercial and wants staff to provide info in these types of applications about the loss of potential tax revenue. McHattie asks how the requests of the HSR were taken into account. Merulla commends the project and the density, noting lots of commercial nearby. Braden suggests that efforts be made to orient all the buildings so that they can make maximum use of passive solar heating. The next door neighbour, Gord Hewitson, raised concerns about the dangers of setting up a left turn off Highway 8 into the property, and that the zoning had been changed so many times. He also felt the density was too high. Pearson spoke strongly in favour of the project, calling it unique and innovative. Recommendations carried . 30 minutes for this item.

6.5 Applications for Amendments to the Hamilton-Wentworth Official Plan, the Glanbrook Official Plan and the Glanbrook Zoning By-law, for the Lands Known as 1885 - 1893 Upper James Street (Highway No. 6) (Glanbrook) (PED06119) (Ward 11)
[1:16:02] Paul Moore provided the staff report. Proposal is to allow a KIA vehicle sales and service dealership on the lands, replacing two houses there now. 273 parking spaces plus a new building proposed. Lands don't have sewer services, so applicant wants to use a temporary holding tank. Upper James Street is under MTO jurisdiction and they don't support granting access to the site for this use, so staff are advocating a holding provision. Archaeological assessment also required before removing holding provision. Full services must be provided to allow holding provision to be removed as well. Letters from landowners focused on lighting, noise, landscaping, etc. There is a residential subdivision directly behind the property. Will require a landscape plan and tree preservation plan and lighting plans and garbage plan required at site plan stage. Noise limited because of no auto body repair or painting, and no outdoor speakers allowed. "There will be limited parking of trade-ins on site". . "The proposed use is considered to be similar to other uses permitted as of right in the airport-related commercial C5 zone such as hotels, motels, motor vehicle leasing and restaurants." Photos presented. No questions for councillors.

[ 1:22:10 ] Ed Fothergill , applicant's agent says he's satisfied with "most of" the staff report but is opposed to the holding provision. Says archaeological study not really needed but they hired one and he has now completed the work "and nothing was found on the site". On the MTO access issue, notes discussions started 4-5 years ago for city to take over Highway 6, "and the Ministry's actually, we think, using this application in those discussions." Company also involved in the discussions. "We even hired a lobbyist . ultimately access will be provided. . talked to the city staff and they have no problem with granting access. . we don't really need a holding provision for access because right now it's controlled by the Ministry. We have made an application . they have their own approval process." No need for city to act on behalf of the Ministry. "This is a site that sat idle for about 26 years. It was originally designated as airport commercial in the regional Official Plan. It's been idle since that time in terms of not fulfilling the objectives of the plan. It's been zoned for a number of years without a holding provision. And now an investor wants to come in and spend approximately $3 million to upgrade the site and generate some additional tax revenue. The concern is there's no services." Argues holding provision ususally until proponent does something but here they will have to wait for the city to provide sewers. "The services have not been put in here for 26 years, ever since the land's been designated and it could be another 26 years. Essentially this part of the staff's recommendation destroys the application entirely because the applicant has no control .. Application cannot afford all the servicing required along this section of Upper James so its unfair to put this burden on this applicant." Says a nearby property was allowed to proceed "so there's no public harm, no public interest lost if this development goes ahead without the sanitary services, and we'll hook in later." Notes benefit of construction, development charges, taxes. May also spur other applications so others will be willing to pay for installation of sewers. [ 1:28:21 ]

Bratina asks staff "why do we approve Oakrun Bakery but we can't approve this?" Staff : "Oakrun Bakery is on a private septic system, not a holding tank. It's treating its own waste on site according to the Ministry of the Environment. It has sewage lagoons and provides tertiary treatment." Bratina: "The use of a toilet in this type of application would be fairly minimal. I don't know how many employees there'd be in that dealership. Do you know Mr Fothergill?" Fothergill : "There could be 10-15 employees, I believe." Bratina : "I don't see the problem really, although I am shocked that an area that was supposed to generate 52,000 jobs according to our projections has not been able to attract any uses since the creation 26 years ago. So I don't know why we would hold this up."

Mitchell says he's met with Fothergill and owners on site, and he supports application with removal of the holding provision. "the construction needs to get underway, and it would be kinda nice to have a brand new KIA of Hamilton dealership located there. . it's been in the works an awful long time. They're more than willing to work with the city, but there is a time constraint here with getting it passed."

McHattie : Asks for staff response to the holding provision comments of Fothergill. Moore explains archaeology requirement because of historic use of highway 6 and nearby stream. "In terms of the servicing, generally we don't like to see development in an urban area go on temporary systems" except when servicing will be in place within a year. "It's unknown when full services will be available to this site. . in terms of access, it was more of an insurance policy . we know that its under the jurisdiction of the MTO . so for example if the property was ever sold, and someone wanted to know what the constraints are, the zoning would lay them out right in front of them, knowing that you have to address access, servicing and archaeology." McHattie asks about scheduling of servicing. Sergi : ".the area in question where the servicing is required is part of the Twenty Road pumping station servicing area that currently has a servicing restriction as a result of high infiltration issues that we have to deal with. . they could petition for a Municipal Act to extend sewers . issue of orderly development . we have no plans on extending sewers here . not within the development charges bylaw. These are strictly local sewers for the properties that are fronting highway six . nothing in the ten year capital program. . It could be petitioned for under the municipal act by the abutting property owners, and if it could proceed based on the willingness of all appropriate parties, it would still be held up because of servicing restrictions as a result of overcapacity of Twenty Road pumping station."

McHattie notes the holding tank "could be there for quite a long time before servicing would catch up". Asks Fothergill if they would petition. Fothergill says they've talked to others and "the problem is a number of owners are still homeowners and there's no incentive for them to sign the petition . I think we can get to that point once some of the properties start developing. If you have some commercial uses up and down that strip then it makes more sense to put a petition together and commercial people will be able to contribute to that . chicken and egg thing." Suggests they could put in a septic system which wouldn't be much bigger than the one there already for the house. "There will have to be a treatment system for sort of washing the vehicles but that design has already been established in the previous application to the north. ."

McHattie asks staff about a septic system approach. McCabe : "I don't know how much more I can emphasize to you to not get into private services in an urban area. The precedent that this would set to start allowing septic systems in an urban area, or holding tanks would be something that we wouldn't want to go back on. This is within the full servicing area. The Twenty Road pumping station is being designed to bring on the additional pump capacity and the forcemain, and we should not . The official plan doesn't allow it. You'll have to amend the Official Plan to allow private services in the urban area, and I would just caution you not even to go down that route. . on the archaeological, we have no authority, once you approve the zoning bylaw, to require archaeological. There's no authority in the Planning Act to require it as part of the site plan . I agree with Ed in terms of the MTO. They have their own jurisdiction anyway, but because we have the servicing issues and the archaeological as well we just threw the MTO issue in too. We don't need the MTO one in the holding bylaw. But this council knows that often we put holding where there's not adequate servicing. So that's a pretty standard approach."

Whitehead says this put the council in a tough position because "you want to see and assist the growth of commercial and industrial businesses in this community. At the same time we're being told that dangerous precedents are being set in respect to the servicing." Part of ward 8 still on septics promised 8 years ago and still no action. Concerned about capacity of Twenty Road pumping station "holding up development on Upper Paradise Road as well". Asks if there's a way to get around holding provision. McCabe says archaeological would have to be done. MTO permit doesn't need holding. "Council passed a bylaw a couple of meetings ago called the Adequate Servicing Bylaw" requires full municipal services prior to building permit. Bylaw being appealed. Says holding provision.

Fothergill jumps in [he's still at the microphone 18 minutes after he began his 5 minute presentation] on issue of precedent. Says there's only one stretch unserviced in this area. "Because this is a limited area I don't think that it does open up the discussion to allow anybody in the city now to ask for private servicing on lands that are zoned." Whitehead agrees that precedent was set earlier as referred to by Fothergill. Moore says previous application was recommended for holding but was overruled by planning committee.

Mallard notes that the other site had a prior commercial use using the holding tank and the rationale was continuing an existing use. Also that approving holding task is "a disincentive to actually having people request the extension of servicing in the area."

Braden not averse to private systems "but I know you can get bad apples" and has experience with this in Flamborough. Should really tell people services aren't coming for quite a while. Why communicating with potential investors in an unclear fashion. "I think we all want to make this happen, but there are rules and guidelines and some rules are more sacred than others. I really want to know what is your planning wisdom on this issue." McCabe : "Well services are coming. It is going to be a major investment . but it's a little premature. The Twenty Road pumping station is a recent problem that has come up in terms of the additional capaicty that's needed in the forcemain." Notes building permit won't be issued if there is a holding tank. Want to push this project but it's premature. Not a development charge item because it's a local sewer, not a trunk. Braden asks for cost of sewer. No one knows. Asks about alternative of city having right to enter property to empty holding tank and other conditions so even if owner wasn't cooperative. Notes that he has been suggesting individual systems to facilitate airport development, and now proponents of aerotropolis are suggesting this. "It seems to me that we only get creative when we want to get creative." Also raises concerns that "people are trigger happy to sue this city" so doesn't want to be good natured and then facing a lawsuit against building inspector. Tom Redmond : explains provisions of Ontario Building code related to holding tanks. Can't be installed but exceptions such as interim measure. "within the next year or so there is no provision that sewers are going to be on this lot". Would allow normally if it was within a year. "In this case, I believe that they may not be even be there for ten years, so this is not what we would consider, or would a reasonable person consider, an interim measure. therefore I would advise against going down that path." McCabe thinks it's inappropriate for public to get involved in maintenance of private holding tanks. Can be resolved by property owners signing a petition.

Mitchell says it's a very short piece of road, four lane highway. Game playing going on by MTO. "We don't want to take it back until they send some dollars to bring it up to standard." Thinks MTO is using this to try and force city to take back, although he's not part of negotiations. Road section needs services, so allow a couple of businesses to use holding tanks and that will speed up getting services. "I think it's a positive thing." Company willing to hook up when they arrive. Refers to arrangements for precedent which was for property occupied by Links Foods meat packing plant. "KIA chose not to use that building, and I don't blame them. They want a brand new building. First one. First dealer and they're building them all over North America ." This just moves conditions from nearby property. "And I don't want us to be known as the municipality that drove away another business per se all because of timing. I understand our staff concerns and I don't want to get stung either. But I want to turn this into very much a positive thing and with conditions I'm sure Mr Fothergill and his proponent are willing to sign. . archaeological study done . the whole stories not out on this Twenty Road hookup. . some of Hamilton 's problem in the past, I think, has been they've had storm sewers and sanitary sewers hooked together. And we've been battling with that for years putting CSO tanks in and converting that over. That wasn't supposed to happen anywhere else. Either it's rumour or its true. But what I've been told is that we're getting storm sewers into a sanitary sewer up there at a brand new pumping station. Now that's slowing down the growth up there, and that's wrong. . that should never have happened and we are, in public works, rapidly trying to figure out how and why. Somebody made a mistake. But that shouldn't mean that we should stop business from going forward here in Hamilton . This has been going on a while. I strongly support this, councillor colleagues, with any kind of wording that we can get that Mr Fothergill is willing to support and work with.. And I'd like to see that new development go in."

Redmond says it's possible to put in a septic bed to provide for the services on this lot. Whitehead : sounds like this is a creative solution. Asks Fothergill if that would be acceptable. He says yes. Whitehead asks staff if this is okay. McCabe : "Council's going to have to amend the Official Plan to allow private septic systems within the urban area, notwithstanding the building code . any agreement that you come up with to have them pay for their fair share of sewer services will not have any jurisdiction. We have no authority for that type of agreement . [but] I'm starting to feel that this committee wants to proceed on this initiative so you're going to have as part of your language that the Official Plan has to be amended, and you're going to have to find some way to guarantee that they're going to pay for their local sewer frontage or cash up front or whatever it is or they'll sit there with a septic system forever." Whitehead says he has an 'abundance' of septic systems in Ward 8[ 1:57:54 ] inside the urban boundary so he thinks you could add a new one without amending the official plan. McCabe says those are pre-existing. Whitehead says they've been put in during the past 10 years. Also asks about Twenty Road pumping station which "is holding up development". Wants a report to planning committee "so we understand the timing of a resolution and how many applications is this going to hold up in regards to what's in the queue . widespread implications as we speak today. . as far as this one's concerned, I hear the staff, it's really tough, but I do think we have to be creative and if it means we have to amend the Official Plan, then so be it."

Pearson asks if notice and a new meeting would be required to amend the Official Plan. McCabe says they can do it in this meeting. In response to Whitehead's request, he notes that "Scott Stewart sent out an information, a very detailed information, emailed to all council on the Twenty Road including timing and which lands are frozen, so that has been provided." Notes that only one has a holding provision, "we're just not bringing forward for approval until such time as there is servicing." Whitehead says he still needs to understand the implications and says one came forward and requested to be withdrawn because of the pumping station "and all the developer wanted to do is ready the lands and tie in the balance of it to the actual building and hookup, so I'm still waiting to hear back on that particular report. But I know there are other implications and applications in the system that are being held up until this issue is resolved so I need to understand what implications this is having on applications period." McCabe : "Madame Chair, can we have a one on one meeting with councillor Whitehead, because we went into detail with councillor Mitchell on all those applications. We can answer all those questions."

Fothergill intervenes [ 2:01:44 ] [still at the microphone 40 minutes after he got up to speak] "Madame Chair before we get away from that issue. In terms of the need for the application, our application was submitted on the basis of private services." McHattie interrupts to point out the irregularity in Fothergill continuing to be at the microphone and intervening. Pearson : "Councillor, I understand what you're saying but in all fairness to the applicant I think we need to get this information out because there's a major decision we need to make today on whether or not this goes forward." McHattie responds off-microphone and ask for Clerk's interpretation of the rules. Clerk : "Through you Madame Chair, as you know we have the procedural bylaw in place which was approved by council where we have certain procedures and practices we use at this committee. In general terms, if the committee wants to change those procedures and they wish to hear an applicant respond, and that has been the practice by this committee. If they don't, again, committee may decide to do that. In general terms, a standing committee is less formal than council, but it really does to the way a committee, what they wish to do." Pearson : "If you wish, councillor, I will ask the committee for the committee's indulgence if they wish to hear from this last bit of information from the applicant's agent." McHattie apparently says yes [still off-mic] because Pearson does ask and the motion is carried.

Fothergill : "Thank you madam chair, I didn't want to prolong this discussion. Just a question about whether we need to amend the application. It's more of a procedural issue. Our application went in to amend the Official Plan to allow development to happen on partial servicing. So, subject to what staff says, I think everything is in front of the committee today, and I don't think we have to go back through another process when we're dealing with the application we applied for." McCabe : "We didn't say that. We agree. We can do it right here as part of this Official Plan." Pearson : "And that was the clarification I asked, so thank you Mr Fothergill."

Bratina : "Prior to amalgamation what would have happened with this application?" McCabe : "Councillor Mitchell would have supported it in Glanbrook." Bratina: "This is a matter of amalgamation impacting on" McCabe: "well the region would have been having authority to approve the official plan, so it's doubtful they would have approved it." Bratina : "And my final point . where do services extend to at the moment?" Moore : "Currently there is a servicing stub right at the pumping station at Twenty and highway six and I believe further to the north at . in that area." Bratina : "And with the extension that's predicted or expected, is that the extension that would impact on the aerotropolis lands?" Sergi : "The services that we're talking about today are strictly local services to deal with the properties that are abutting highway six. The servicing that is for the airport lands is from a different area altogether that you're looking at." Bratina : "So that servicing wouldn't apply to this proposal?" Sergi : "The airport servicing and the servicing for this land is two different issues."

Mitchell "On the corner of twenty road and number 6 there's a brand new Mazda dealership there and it went through Glanbrook council and regional council in the very same way as this one . and it was highly supported at that time with all the changes that had to take place and I'm quite positive that this would have been unanimously supported at Glanbrook Council if they were" interrupted by McCabe : "Madame chair, that property has full services."

Pearson invites public to speak. No one comes forward. She asks for a motion. Mitchell moves recommendation with deletion of holding provision. Seconded by Kelly . Carried. McHattie asks to be recorded as opposed. [ 2:07:08 ] 52 minutes for this item.

6.5.1    Added communication from Chris Skylnik

7.1 Cluster Profile Study (no copy) 64 minutes for this item.

8.2 City of Hamilton 2014 Commonwealth Games - Post Bid Report (PED06125) (City Wide)

David Adames : "[ 3:17:05 ].this is a healthy process to come back with a report after a significant bid. So this provides a post-bid report. We do have a couple of recommendations to make to committee and answer any questions that committee may have about the bid. Just in terms of putting the timeline back in perspective. It was about a six month process from last June through to decision day on December 15. What have we been doing since? We did meet with Commonwealth Games bid reps on February 22 and then we looked at the information we were provided at that meeting and we're here today on April 18. How we connected back with the bid, an opportunity to remind ourselves that we had a number of community businesses and organizations involved with the bid, as well as a series of working groups. The mayor as the honourary chair, Jagoda Pike as the bid chair, Roger Trow, Beatrice Quigley, and Cathy North of McMaster University and Joanne Mallard, past Commonwealth Games athlete and olympian ..

"When we met with the bid representatives on Feb 22 we were provided with our bid assessment categroy definitions, the assessment weightings. This is a key point here. This is the first time that we were informed that the assessment categories were weighted and in fact that there were sub-categories that were also weighted. And we were provided with our scoring grid. We were still left with a number of questions, so we did commission an analysis of that information. And again I want to be clear with committee today that our question is not with the award decision to go to Halifax . It is really about Commonwealth Games Canada bid process. So we commissioned an analysis to review the de-brief information; review the effectiveness of the bid and then identify shortfalls in the bid process.

"So our recommendations today are threefold. One is for the committee to receive the report. Second is that Sport Canada be requested to conduct an independent review of the bid process for the 2014 Commonwealth Games, and third that the 2014 Commonwealth Games bid committee, through Tourism Hamilton, be directed to meet with Ontario Ministry of Health to share the learnings from both the bid and the bid de-brief process. Obviously every bid does provide a learning experience. And it's important that we do look at the bid process because we do have a history of bidding for and hosting sport events in Hamilton . And we know have the Hamilton sports tourism plan so we'll be pursuing other opportunities in the future. I don't necessarily suggest we'll be pursuing the Commonwealth Games again, but there's lots of other opportunities to look at. The recommendation to have Sport Canada to review the process, they're the principle funder for Commonwealth Games Canada. Our concern here is that the bid process not be replicated in the future by another national or provincial sport organization. There has been precedent in the past where one national sport organization will take a process from one and use it for themselves.

"The other key concerns were the bid's lack of clarity, excessive complexity and not being a base required transparency and equity. On mutual transparency and equity, the bid guidelines referred to specific assessment guidelines and again we were not provided with the detail until the Feb 22 de-briefing meeting. And there's no reference point to assess the scoring that was alloted - so in other words what constituted a one or a ten within the sub categories. We were told all along from the very first conference call that the primary objective was to select and endorse the best possible Canadian candidate bid city to win the right to host the 2014 Games. In fact we can clarify that. The question was did you mean international winnability. The answer from Commonwealth Games Canada was yes. Interestingly when we did receive the weighting, that category was only worth 10%.

"In terms of complexity, I meant to bring the three bid books with me today - a bit over a 1000 pages of bid documents, the actual bid book, a business plan and a budget document. So substantial work within six months. Complexity again, the overall 14 assessment categories - we certainly had those all the way along, but not the 121 sub-categories. To give you an idea here, 87% of the sub-categories accounted for 47% of the overall score, meaning that some were only worth somewhere between zero and 1.5%. Example we provided here was the staffing plan, and luckily we had the 2010 bid to work from, but it took 25 hours and that sub-category was only worth 2.5%. Clarity, the role of the bid review specialists, which was certainly trumpeted as a key part of the process, it's unclear if they were actually used or not. There seems to be a disconnect between what the bid review specialists did and what the bid review committee undertook as well. We scored poorly in some of these key categories that provided substantial weighting, but this was also inconsisent with what the bid review specialists said and also very inconsistent with what the international evaluators said to us in 2010.

"Another key recommendation here is to talk to the province, and although we learned on Feb 22 that the province's role was not a deciding factor, it nonetheless weighed into the decision process. Ontario 's support for the three bid cities from this province was measured, and when we looked at what Nova Scotia and the Maritime provinces did for Halifax , that certainly provided them with a leg up. We do need a firmer Ontario sport hosting policy. There is one that's been in the works for a number of years but we do need to have that finalized and articulated.

"Moving forward, so it is important that not only for hosting an event but also for bidding for one we do have some legacies, and I do talk in the report about some legacies from 2010, why we bid again in 2014 as we did in 2010. We very much wanted to follow the Manchester model. We witnessed how they had used the games leading up to 2002, but also after that period as well. And I listed some of the key benefits here. Certainly for 2014 the partnerships were strengthened once again. We engaged a number of organizations and businesses in the bid. The bid documents, we have archived those at Tourism Hamilton. In fact we've already undertaken two additional bids, one for a convention and another sport event, where we've used content and new content from the Commonwealth Games bid to help us with that.

"And the facilities plans. We want to ensure that we hand over the good work that was done on the facilities to the appropriate city staff to inform future facilities management programs and capital plans. We do have some of the artists' renderings here for you today. This was Commonwealth Sports Park which would have housed the new stadium, the warmup track and the aquatics centre. And there's a huge amount of work that was done on the aquatics centre for the bid. Eastwood Park would have been home to a three-pad centre, so the harbour centre at Eastwood Park . And then the last rendering here is the Scott Park / Ivor Wynne location which would have housed the Commonwealth Square . I use that in quotation marks because there's a Commonwealth Square across the street but we'd have to have come up with another name, but Commonwealth Square down at the Ivor Wynne location. .."

Kelly : "So much to talk about here. Let's be candid here. At what point did you and the committee have some concerns about the fact that you found out one of the committee members had written a paper suggesting that an east coast city host a major sporting event. That clearly is a conflict as far as I'm concerned, and to know that somebody who had that mindset, as an author of that report, was actually going to adjudicate on this would have a negative impact. When we're you told about that or when were you aware of that?" Adames : "We did have some inkling last summer, early fall. However we wanted to comply with the bid process as laid out by Commonwealth Canada . And once you're into a bid process you don't necessarily want to upset the apple cart. We saw some of what other bid cities were doing so we wanted to go along at least for that point in time. We did raise the question pointedly at our Feb 22 meeting. The answer that was given was that there were a number of committee members, and a number of authors to that federal policy. So it's definitely left a sour taste in our mouths." Kelly : "But only one of them was on the committee?" Adames : "True and it was the bid director for Commonwealth Games Canada."

Kelly : "Yeah. Another question. I was not involved back in our pursuit of the National Hockey League franchise back in the early 1990s, but as a member of the media I was involved with it. We talked an awful lot about the proponents. It left a sour taste in a lot of people's mouths when that happened to. And there was a mindset at the times of two things. Through you Madame Chair, I want to get David's opinion on this. [ 3:26:50 ] First of all, you've gotta have somebody on your bid committee who is on the inside, who could lobby for you, in other words. Because let's face it, you know the other guys are doing it too. And I didn't necessarily think that we had that. We crossed all the t's, dotted all the i's when we came to this bid, but we didn't have somebody that actually, you know, sit down, you know, somebody at the hotel, and said, look it, you know, Hamilton. Is that something we're going to start looking at? In other words, to have somebody inside, somebody who can do some lobbying for us instead of simply letting the application stand on its own merit, to start playing politics with this because clearly that was a factor in this." Adames : ".if council would like to see bids for large events, whether it's a World Junior Hockey bid, or something like the Commonwealth Games, something along those lines; we should have that strategy in place. Commit the resources and over time you'd build those connections, you'd build the body of knowledge, so that you can capitalize on those connections once the opportunity comes forward. I think the concern one way is not to be gun shy looking at opportunities. And if we continue to pursue opportunities, that you've got those connections out there. I think it's a wise thing to look at a longer term strategy."

Kelly : "One last question, and forgive the fact that it's coated in cyncism, but looking at what happened with the NHL in the early 1990s and looking at what's happened with this, and with our 2010 bid, there's a statement that can be made, and I think with some validity based on what's happened, that when you get to this echelon of major international sporting events, that the rationale for successful proponents is tell them whatever they want to hear, because they never take a bid away from you once they award it. In other words, don't craft your bid on merit, just craft it. In other words, what do these people want to hear. In other words, don't give them an opportunity to say no to us. I think what we've done in the past is play by the rules, and the rules get turned against us as David's already articulated. They change the criteria, they change the weighting criteria for the questions. If we decide to pursue this or any other major international bid in the future, is there going to be a different mindset that says are we going to win this at any costs. Because I'm getting the impression that that's what some of our opponents have done and been successful. Again, just to embellish that. You know when we sought the NHL back in the 1990s, the Ottawa proponents - and god bless them, they're a great hockey franchise and everything else - but the people who won the bid from us then basically told the NHL committee everything they wanted to hear. They didn't have any money. They didn't have any financing, but once they awarded the franchise, they gave them the time to do that. Same thing happened with India when we lost in 2010, and apparently the same thing is happening with the Halifax bid. The financing that they put in their bid is not the financing that they actually have, but they're not going to take the bid away. Does that change the mindset of how we're going to pursue these things in the future? Are we simply going to say lets do whatever it takes to win, or are we simply going to say, lets play by the rules, and we'll be the cleancut proponents of these things all the time? In other words, you have to get down in the mud sometimes if you're going to win these things. Are we going to do that? If we're going to put the sort of effort into this. I'd like to get David's perspective on that. [3:30:20] Adames : "I think it's the difference between bidding and competing, and I think one of our committee members actually said that very very well not only, during the process" Interrupted by Kelly : "Well we've been bidding. When are we going to start competing?" Adames : "And it's not just for this particular bid. We often bid for other smaller sporting events, conventions, those kinds of things. So we need to set ourselves up to compete, and know what those winning conditions to compete are. Every single bid is different. So you're right about needing the inside information about what those current bid conditions are, and seeing you want to go after that piece or not. And we had a long debate in the 2010 bid in terms of values, in terms of do you want to give up your values to compete against somebody else who may not have the same values as you. And I think the answer from our group was no we don't want to change values, but it's knowing what those bid conditions going in. You may choose to pull out if you don't want to compete on those values."

Kelly : "I guess just the final comment. . I remember that line from that infamous movie the Untouchables some years ago when Sean Conway is talking to Kevin Costner. He says what are you prepared to do to win, and I don't know if we've answered that question when we go into these international bids. And I think that's been our downfall. Not through any problem with staff, but I think we have to go to that next step if we want to compete." Pearson : "Thank you councillor Kelly. Councillor Bratina then councillor Whitehead. Councillor Bratina?"

Bratina : "Who did the most talking? Who was the face of our bid?" Adames : "Jagoda Pike as the bid chair was the face of the bid." Bratina : "With all due respect to Ms Pike, she didn't even live in Hamilton , and she's gone now. And I'm not sure that we had the strongest voice speaking for us. That's just an aside. Secondly, how many times did the bid committee, how much time did the bid committee actually spend in Hamilton ?" Adames : "The bid committee spent one full day here, which ended up being sort of a modified day because of a snowstorm that went on, so an afternoon and evening. So we had a challenge actually showcasing the city. The bid review specialists spent - not all of them, some of them - spent a day here as well." Bratina : "Did they stay at the Sheraton?" Adames : "Actually the bid review specialists, some of them did stay at the Sheraton. The bid committee actually stayed in Toronto so they could look at both the York Region bid, the Hamilton bid, and then host all four of the bid cities at the Sheraton by the airport for bid presentations." Bratina : ".If I had a delegation from some place, and we walked out of the front door of the Sheraton, and walked east on King, north on James, I don't think anybody would want to put - at this time - anything here. Was there any comment, David, on the general look of the place, or was it all dealing with vision, and projections and sketches such as we've seen here?" Adames : "A large part of it was visioning for the future because again we also want to position the bid that way. That's what the international evaluators would look at. We did have concerns ... bid review committee where they were looking at the bid through international eyes. We thought that a number of them were looking through a Canada games model where you have a whole set of needs when it's a Canada games model versus an international sporting event." Bratina : ".We want a city in terms of bids where people would be desperate to say boy I sure hope Hamilton bids on this because that's a great city and that's where we want our event to be. Although I know we do have a great profile thanks to people like David and other people. But we've got a lot of work to do."

Whitehead : "Well I'm not going to reiterate what councillor Kelly spoke, but a lot of the information he offered I concur with. Over and above that there's a lot of issues we need to understand. One of them is with Jagoda Pike we were successful winning the bid nationally for the 2010 and then we did come second - a very close second - on the international bid. And in fact at one point in time they were looking at a way to provide both Hamilton and India an opportunity if India failed to be ready for 2010. So I know that we had a great bid, very supported at the international. But here's the piece the David alludes to. The international games are looking at the Commonwealth Games now more to assist a renaissance, so to speak, in communities. And certainly that was a strong argument in going to a third world country such as India . And I think the Canadian . has sort of caught up to the fact that we should be using these games to leverage opportunities for communities in need.

"And I have real problem with the fact that Halifax is a provincial capital. Communities that are doing the best in Canada are the capitals, quite frankly, subsidized heavily by the taxpayer. Not to mention that there's a very strong federal presence in Halifax . I don't begrudge that. Congratulations Halifax . But Ottawa also competed. and these are communities that are not necessarily in need like others, like older industrial communities like Hamilton . And you take a look around Ontario , we haven't held - since the Empire Games - we haven't held the multi-discipline international event since then. That's over, what, 90 years, in Ontario alone, that Ontario 's hosted such an event. The Ontario government doesn't even have a hosting policy in place yet. . and here we find ourselves in the situation where the province of Ontario gave a lukewarm response or commitment to three communities as opposed to be full in support of one community. So that process has to change where one community comes out of Ontario in competition for the whole national scene.

"And secondly on the federal side . if they're going to continue with their hosting policy and spend that kind of money towards international events, then they need to start looking at where its going to do the best. Now if they were talking about Sydney , Nova Scotia , then god bless them. I'd be in full support because obviously it's a community in need. But to locate in federal or provincial capitals or communities that are doing really well versus communities that could use the leverage of those tax dollars to build legacy projects devoted to the future - that's the focus the international community's looking at. I can't get it why the Canadian - whether it's the federal government or the Canadian commonwealth - isn't looking in the same vein. Because if they want to be consistent with how decisions are being made going forward, there was a clear, clear indication by the international commonwealth that they're looking for these kinds of events to be part of a renaissance.

"So when councillor Bratina talks about what did they see, or did the Canadian people see the shape of the downtown or whatever, well that's irrelevant on the international scene because they see this as helping generate a renaissance. The problem with the Canadian values is that I don't think they see it in the same way. And that needs to change .. I don't think it was so much the face. I guess the question I have specifically. The whole point system changed. First of all it wasn't transparent at the front end, so I think that needs to change. And secondly it was completely different this time around than the last time we competed. So it's like a moving target that no one really understood how things were being measured, how they were being weighted, and what the points going to be associated each individual section of the bid. So those kinds of things need to be clarified with the federal government as well."

Braden : "I come at it from a different angle, and I'm not sad that we didn't win the bid. I do appreciate, in fact, that our team did the very best it could, sort of intellectually and organizationally. So I take my hats off to those that committed to and assumed there'd be a fair process. I'll accept from what I've heard this morning that the process was not fair, and that there was no procedural integrity. But I have a bit of a problem - and I'm not a prude either - that we would discuss here in council the concept of a means being justified by the ends. This is a level of government. We do set an example here, and if we talk openly about the means being justified by the ends, then it goes without saying that the people who are going to come before us and tell us what we hope are the facts - it may not be because they may just want to win something. And I can pick on things and mention them, it's a little unfair, and I don't normally back away from those things. But if it's a bid to fix the Connaught building, we want to feel good. We don't want to hear what they want to tell us to make it look good. We want the real story. Whether or not I want the Commonwealth bid is irrelevant, but if we start talking about selling ourselves and giving up integrity to win things, then from civilization's point of view we've lost the whole thing. We need to get back on track. The lack of integrity in the world today, and I'm not talking religiously, is becoming epidemic. And I think we need to remember what we need to do as part of it is to set examples, and at least stand by the truth. Anything else to me I might as well quit now. So I appreciate very much that our team did what I think they thought was a comprehensive and I think morally right. If we're dealing with people who don't understand morality, then there's not much point in going any farther. I'm in business. There's lots of people you just don't bother talking to, because it's just a waste of time. We need our integrity, way way more than we need any international events. Enough said."

Pearson : "Thank you. Councillor Merulla has moved the recommendation, seconded by Councillor Kelly. All in favour? Carried." [ 3:41:50 ] 25 minutes for this item.

8.3 Municipal Parking Operations and Enforcement in the Former Town of Dundas (PED06124) (Ward13) 16 minutes for this item. Approved.

8.5 Proposed No Parking Regulation on the west side of Cross Street, north of Park Street, infront of St. Pauls United Church, Dundas (PED06118/PW06046) (Ward13) 13 minutes for this item. Approved.

8.5.1 David Ivey respecting parking on Cross Street at Park Street (Dundas)

8.5.2 Added communication from Anna and Graham Rose, 22 Cross Street, Dundas

GENERAL INFORMATION

11.1 Lottery Licence proceeds policy ((From Outstanding Business List, due April 18, 2006 , no copy) Report postponed until June.

11.2 Environment Canada Guidelines "Framework for Guiding Habitat Rehabilitation for the Great Lakes" Report postponed until September 19 meeting.