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Good morning, Hamilton City Council was scheduled to start at 9:30am.
They are running a bit late.
Live Video is here:
My tweets to follow.
There are no reports from the Integrity Comissioner.
The IC is now years behind on their "reports", the City continues to pay them regardless of this lack of completion of tasks.
On your Council Bingo Card, Ward 14 Clr @TerryWhitehead complaining about the rules of order for Council meetings as it relates to the agenda.
On your Council Bingo Card, forgetting to turn off microphone while taking a voice call.
On your Council Bingo Card, Whitehead saying he is having a problem with the technology.
On letters regarding "Defunding Police"
- Ward 3 Clr Nrinder Nann asks when the Hamilton Chief of Police will be at Council GIC to discuss the concerns of the community.
On letters regarding "Defunding Police"
Ward 14 Clr Terry Whitehead says the "extreme radical left" is creating a narrative against police, he says Hamilton Police are doing great work, providing good value, and he is opposed to defunding police.
Ward 1 Clr Maureen Wilson:
I hope the previous speaker (Whitehead) is not saying police calling for police reform / defunding are extremists, anti-police as this would devalue conversation.
Whitehead "Point of Privilege"
Clr Whitehead:
"Absolutely" "I'm labelling .... as left wing nuts" he says of those who are 'extremists'
Council endorses a motion saying journalism is valuable.
This does not change the Council position that assault against journalists is acceptable, providing it is done at the end of a long day.
Endorsement of violence was a 13-2 vote on Feb 25, 2015.
On the latest chapter of the ongoing problems with the stadium, the $1.1-mil in emergency repairs to deteriorating perimeter guards - defer to a September meeting.
On your Council Bingo Card:
A bunch of complaints about process, and Councillors get themselves confused and messed up.
On your Council Bingo card:
@TerryWhitehead and @FredEisenberger arguing as Whitehead interrupts the meeting to say he is not being heard.
Eisenberger says Whitehead should fix his camera angle, he's only one with problems using system.
Clr Whitehead says a whole bunch of things, I have no idea exactly what they mean.
Ward 8 Clr Danko takes issue with comments by Clr Whitehead
Whitehead attacking new Councillors for not participating fully in the Cootes Paradise cover-up, accusing them of "setting up Council" and potentially being behind the leak.
Ward 9 Clr Clark says that he takes issue with Clr Whitehead impugning the motives of other Councillors.
Council is debating if they will keep their discussion of the Red Hill Valley Parkway Inquiry secret as part of their closed session.
Sounds like some Councillors wish to be transparent, and this will be a split vote.
"Point of Privilege" - Clr Whitehead
Another argument about Whitehead says he has "a right", and says he believes "we should be open and transparent" then complains about the leak of the Cootes coverup.
Mayor Eisenberger says Whitehead should not act the way he is during meetings.
Then Mayor Eisenberger says there is nothing he can do about Whitehead's approached.
(Again, as Chair, Mayor Eisenberger can rule Whitehead out of order - he can do something. 🤷‍♂️)
After all of that, all of Council votes to maintain the secrecy of their in-camera RHVP Inquiry discussion.
Now on the discussion of selling / leasing / air rights of the Downtown Entertainment Facilities.
There were two competing bids for this, and Council has accepted one of them.
Mayor @FredEisenberger says the City will release details on the Downtown Entertainment Facilities as soon as the Council vote is complete.
Ward 8 Clr Brad Clark says they are still outstanding issues between the City and the winner bidder for Downtown facilities.
Asking does the agreement come back to Council with these outstanding issues?
Staff: it does not come back to Council.
Clr Whitehead praising the outcome of the Downtown Entertainment Facilities deposition strategy.
Clr Ferguson says this is a "good deal for taxpayers"
City Solicitor Nicole Auty explaining why Council should give final approval of the Downtown Entertainment Precinct deal, that while there are fine details to be finalized, Council should make clear they are approving today.
Clr Clark's amendment proposal, to have Council not give full approval until the final details are complete.
Says there are too many details to be finalized, which could have outcomes which Council could be uncomfortable with.
City Solicitor Nicole Auty suggests deferring the vote to later in the meeting to consider wording of amendment and legal implications.
And Clr Whitehead speaking, calls me a "hack" in the Council meeting. Says I'm inaccurate in reporting that Whitehead says he is having problems with the e-meetings system, says others are having problems. No other Councillor is having a problem.
Mayor Eisenberger says the Downtown Entertainment Precinct deal is very good for City finances and the future of the downtown.
Amendment from Clr Clark to have final agreement come back to Council for approval.
Passes 14, 1 abstain.
On the final vote to sell/lease Downtown Entertainment Precinct.
14-0-1, one abstain.
Winner of the Downtown Entertainment Precinct is:
Hamilton Urban Precinct Arts and Entertainment Group
- Carmens, LiUNA, Fengate, Meridian Credit Union are key members of the group.
Whitehead took another shot at me in his comments as well.
Discussion of how to protect the Long and Bisby buildings at Sanatorium along the escarpment.
Much concern about vandalism, fires, and demolition by neglect.
I missed this detail, was reading an email. Sorry.
A discussion of technological challenge for automated speed enforcement (photo radar)
The technology has limitations, five lane highways are too wide to do proper enforcement.
Ward 7 Clr Esther Pauls is taking bereavement leave due to the sudden death of an extended family member.
Ward 9 Clr Brad Clark says the City's Internal Auditor will issue an annual report on whistleblower reports.
Council is discussing the resumption of citizen advisory committees. City Clerk says they lack staff resources to support video conference meetings of citizen committees, and "those will have to be settled".
Clrs Clark and Nann both expressing concerns about delays.
City Clerk says there are staff working for Public Health on COVID who would normally be supporting these citizen committees.
City Manager Janette Smith says the City Reopening Plan does not "totally align" with the provincial stages.
City Manager says there is a lot of work being done, and it will take work to get committees restarted. Staff have been deployed to Public Health, and vacancies.
Clr Clark says the City is creating itself unnecessary problems by delaying the resumption of all citizen committees.
Council is now recessed until 12:45pm.
Council is back in session, on time no less.
Clr Lloyd Ferguson speaks to the increase in Public Health staff to respond to COVID and prevent outbreaks.
Mayor Eisenberger says the Premier was blindsided by a media request, the Province has a fund for COVID public health expenses.
Ward 9 Clr Brad Clark says he will only support a portion of the Medical Officer of Health's COVID staffing request. He'll support 17 people to keep testing centres operating, but not the contact tracers until the Province confirming funding.
On COVID Public Health hiring.
For 75.14 FTE staff for COVID response, tracing.
10-5 vote
For 17 FTE staff to support scheduling and booking at testing centres. 11-4 vote.
Passes.
Now on the City's "mandatory masking" bylaw.
Reminder that the by-law only really impacts businesses -- in that businesses must post signs, and provincial COVID safety guidelines can be enforced with municipal fines.
Ward 15 Clr Partridge speaking to letters received from Waterdown law firms expressing concerns about the obligations imposed by the "masking by-law", and how it is written.
Waterdown law firms which have written to Clr Partridge have pointed out many problems with how the City Solicitor's written into the bylaw.
Many of the bylaw provisions create dicey problems for businesses - they are to demand people where masks, but not violate provincial laws
Clr Partridge's questions are good as they point to the serious flaws in how the City Solicitor wrote the by-law.
Some of these provisions, if ever enforced will create impossible situations for businesses regarding enforcing masks on individuals who do not wear them.
Clr Clark
Asks for comment on the constitutionality of the by-law.
City Lawyer Michael Kyne speaks about the Charter, cites Section 2 or 7.
Notes Section 1 of the Charter, the ability to impose reasonable restrictions in the public interest.
City Lawyer Michael Kyne is now discussing the Oakes Test regarding Charter restrictions and reasonableness.
Clr Clark is asking how the COVID-19 tests, its effectiveness and accuracy.
He's asking questions to respond to conspiracy theories, and show a due process of consideration.
Ward 14 Clr @TerryWhitehead interrupts the meeting, asks where he is in the queue. Mayor Eisenberger says he is further down on the list. Whitehead complains, Eisenberger lets him speak now. "Get on with it!" says Eisenberger.
Mayor Eisenberger once again stands down when challenged by Whitehead. Eisenberger complains about Whitehead's behaviour.
Whitehead says he wants yes/no only answers from staff.
Eisenberger says staff get to explain their answers.
Now in the phrase in which Clr Whitehead cherry-picks articles he's found on the internet to argue against Doctors in their area of subject matter expertise.
Wow, catching up on the Council stream, Terry Whitehead is all over the place. Mayor Eisenberger does a bunch of sighs and such, but doesn't act as chair to enforce rules or keep debate on topic.
Clr Judi Partridge makes a reasonable argument regarding the flaws of the by-law as written, the problems with enforcement and obligations imposed on businesses to enforce or be fined, while provincial law does not allow enforcement.
Supports masking, voting against flaw bylaw
Good questions regarding enforcement from Clr Brenda Johnson.
Clr Brad Clark asking questions regarding people who are deaf who need to read lips. Good questions as well.
Now splitting into multiple parts with a line-by-line vote on portions of the by-law.
Mayor @FredEisenberger is allowing @TerryWhitehead to interrupt and further debate during the voting process.
This is something else, more sighing from Mayor @FredEisenberger as Whitehead brings things back to debate.
FINALLY, Mayor Eisenberger says he is calling the vote, now trying to cut off Whitehead.
Says Whitehead is filibustering.
Mayor Eisenberger cuts off Whitehead's being out of order, and now the meeting is reorganizing to get back to the agenda.
Hamilton's Mandatory Masking By-Law is passed, takes effect on Monday at 12:01am.
12-3, Ferguson, Partridge, Whitehead opposed. [Partridge opposed due to flaws in the law itself, not due to masking]
Ward 4 Clr Sam Merulla says he is in algonquin, enjoys virtual meetings.
Mayor Eisenberger says he expects the Province to amend the Municipal Act to allow for virtual meetings post COVID.
Clr @TerryWhitehead says his entirely inappropriate emails to members of the public earlier this week was a "draft", he had a new phone, it failed him, and that's why the letter went out as it did.
Ward 2 Clr @JasonFarrHamOnt lists challenges of encampments to nearby neighbours and shops, some of the behavioural challenges, the number of growing encampments, including the one on Ferguson which is growing in size.
Asks staff, how is the City assisting people to find shelter
A good discussion regarding the factors of why people choose to sleep outdoors than in shelters, the need for housing supports, and how to increase housing supports.
Dear @TerryWhitehead, handing out tents to individuals (homeless or not), is not illegal.
A discussion of the good work of @HAMSMArTeam and the differences between their views on encampments and the City's position regarding encampments.
City concerned HamSMArT is encouraging encampments.
And again. Another back and forth between the Mayor and Whitehead.
Good discussion of how the City will manage public delegations by video link.
They will using WebEx.
Ward 8 Clr Danko asks good questions to ensure decorum of meetings, and that they will not be hijacked.
Clr Clark asks if citizens, especially from the rural area, can submit recorded video delegations. City Clerk: yes, and they can call in by phone.
Council passes that residents (and non-residents) can delegate to Council by video starting for the next Council cycle in August.
Now on Council statements. This meeting is, mercifully, coming to an end.
And done.
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