Packed council chambers as LRT issue gets public airing

More than two dozen LRT supporters and opponents are speaking out on the $1 billion projectat a packed city hall council chamberTuesday.

Council is holding a special meeting of its general issues committee devoted solely to LRT. And those presentations are just part of the input councillors are getting, as petitions and letters from more than 1,000 citizens are also being put on the table.

Councillors were told thatMetrolinx and the city have already spent as much as $70 million on Hamilton's LRT project.

This is according to Paul Johnson, the city's LRT project head, in a presentation to city councillors on Tuesday.

On mobile? Watch the live blog here.

He also said LRT will be designed, built and operated through a private-public partnership.

Somecouncillorsare skeptical or against LRT. But a new legal opinion, made publicTuesdayindicates opponents won't be able to easilyderail the project. The opinionundercuts the push for a referendum and means a proposed vote "affirming" the project can't be used to demonstrate the opposite.

To reverse earlier decisions moving forward on LRT, said municipal lawyer George RustD'Eye, two thirds of citycouncillorswould have to vote to revisit the issue.

The most relevant votes, RustD'Eyesaid, include an August 2015 vote to establish a joint LRT office, and a vote earlier this year to sign a memorandum of agreement.

Councillorswill discuss the legal opinionTuesday.Coun. SamMerullais also expected to withdraw his motion asking council to reaffirm its acceptance of the $1 billion project.

• POINT OF VIEW with Brad Clark:Ask questions, get answers, encourage dialogue on LRT, but don't lose $1 billion

Tuesday's meeting will provide a broad update on the project so far, including dealing with questions about phasing of construction, economic benefits and property expropriations.

Among the questions that will be discussed:

Is this the end of the referendum?

Chad Collins, Ward 5 councillor, was going to push for one. But as councillors will hear Tuesday, it's probably too late.

Rust D'Eye, a municipal lawyer and Hamilton's integrity commissioner, gave councillors a confidential report earlier this monthsaying two thirds of city council would have to vote to reconsider the subject.

Why? Because since the term started in 2014, city council has voted to move ahead with LRT most notably by approving a memorandum of agreement with Metrolinx in April. To reopen a decision, two thirds of city council has to agree. And at least six of 16 council members are staunchly pro-LRT.

Rust D'Eyeis expected to be at Tuesday's meeting, and will likely be grilled about his opinion. But for now,Collins says he'll drop the issue. On Tuesday, councillors can and likely will waive the solicitor-client privilege that keeps Rust D'Eye's opinionunder wraps and discuss it publicly.

Will council "affirm" its support for the project?

If council does kill the project, it won't be the way people havethought for months that it couldhappen.Merullabrought a motion forward earlier this year to "reaffirm" acceptance of the $1 billion project, but for months it has looked like he might have trouble winning that vote. That was tabled until Tuesday and was, in fact, the original purpose of the meeting.

NowMerullawill move to withdraw the motion Tuesday, saying it's redundant. Evencouncillorsskeptical of LRThave said they'll vote for that. Although one Coun. DonnaSkellyof Ward 7 says she'll fight it.

"I'd like to see it go forward," she said earlier this month. "This is what has triggered all this discussion."

Do opponents have any tools left to fight it?

It appears so.There are still many votes to go over the coming months. In the spring, for example, city council will vote on an updated environmental assessment.

"I don't feel this issue is going to be settled until the (construction) contract is actually granted,"Sam Merulla, Ward 4 councillor, said recently. "That is going to be the point of no return."

What do people really think?

The meeting will also include feedback. A lot of it.

All 1,016 written submissions received so farwill come to the committee Tuesday. That includes people for and against the project. So far, the agenda shows 20presentersincluding: Carol Lazich of Gilbert's Big and Tall, Milena Balta, lawyer Craig Burley, Mary Aduckiewicz of Denninger's.

LRT: The basics

Hamilton city council first approved an eventual LRT route from McMaster University to Eastgate Square in 2013 via its Rapid Ready Report.And it asked the province for the money to build it.

• Read the Rapid Ready report (PDF)

Last year, Premier Kathleen Wynne complied, committing $1 billion for Metrolinx to build the system with input from the city. The announced route, though, was from McMaster University to the Queenston traffic circle, with a spur line running down James Street North to the West Harbour GO station.

Since then, Metrolinx and the city have been working on the project. Most recently, they held public information sessions around Hamilton on the project.

On Tuesday, city staff will discuss issues such as real estate acquisition and how the fare will be harmonized with the rest of local and regional transit, among other details.

CBC Hamilton reporter Samantha Craggswill tweet live from the meeting. Follow her in the window above or at @SamCraggsCBC.