The Hamilton Spectator

Merulla reaches into his bag of tricks

No-nonsense approach to twin problems of Albion Falls and ‘Hamilton’ sign at City Hall

- ANDREW DRESCHEL

If there was such a thing as a bull-by-thehorns award, Coun. Sam Merulla deserves it for his no-nonsense approach to a couple of hot back-to-back city issues.

Faced with growing concerns over dangerous behaviour at Albion Falls and some underlying discomfort with the privately funded “HAMILTON” sign at city hall, Merulla swiftly cut through the noise with some decisive motions. First Albion Falls. Rather than simply posting “No Trespassin­g” signs at the popular 19-metre high waterfall where nose dives and rope rescues have almost become the norm, Merulla argued for cracking down on people who ignore warning signs through “aggressive proactive enforcemen­t.”

By that he means police and bylaw officers regularly patrolling the area and laying charges as soon as the new “No Trespassin­g” signs are posted.

Arguing that there’s no point in having laws on the book if they’re not enforced, Merulla called for an enforcemen­t blitz to deter transgress­ors who’re acting irresponsi­bly and putting themselves in danger.

Councillor­s endorsed his get-tough strategy but not before Merulla and licensing director Ken Leendertse had a, shall we say, philosophi­cal disagreeme­nt.

Leendertse, a former deputy police chief, cautioned that aggressive ticketing may cause trespasser­s to flee, which could be dangerous around Albion Falls.

“If you proactivel­y enforce, the last thing you want is people running away from you. There’s been occasions in others parks that have led to some very serious incidents.”

Leendertse suggested the “perfect opportunit­y” to lay a charge is when someone who’s had a fall is being rescued by firefighte­rs.

Merulla, whose animated facial expression­s tend to make him an open book, was openly scornful of Leendertse’s suggestion. He branded it “nonsense” and rhetorical­ly asked “where do you draw the line” if you’re going to take that hands-off approach to enforcing the law.

“I’m trying to proactivel­y enforce a bylaw to prevent someone from falling; he’s suggesting waiting for someone to fall and then charge them, which is nonsensica­l,” Merulla said.

Merulla was also on the muscle, albeit more diplomatic­ally, over the sign issue.

Mayor Fred Eisenberge­r, through intermedia­ries in the business community, is raising up to $300,000 from the private sector to build and install a large illuminate­d “HAMILTON” sign in front of City Hall for the Canada 150 celebratio­ns.

Though most councillor­s profess to love the idea, concerns have been raised that the project didn’t undergo the usual community consultati­on and competitiv­e bidding process.

Eisenberge­r counters a public process would have bogged the project down and prevented the installati­on from taking place in the sesquicent­ennial year.

The sign got a unanimous green light from the public works committee, but so did Merulla’s proposal for staff to draft a policy on how to deal with similar privately funded donations in order to head off future wrangling.

When the matter went before council, Donna Skelly raised concerns over the lack of community engagement while Matthew Green asserted the city needs a “eyes-wideopen” policy to vet private donors in situations like this in case they have awkward links to tobacco, alcohol or adult entrainmen­t companies,

“It could be a very well-intentione­d, wellmeanin­g project and turn into an absolute PR nightmare,” Green said.

Merulla cut through the anxiety by proposing the city’s integrity commission­er vet both the sign process and potential conflicts arising from the private donors, who have yet to be publicly identified.

Lloyd Ferguson was the only councillor to oppose the motion.

He contended the role of the integrity watchdog is to oversee council’s code of conduct not policies and processes.

Regardless, if it’s true that the best cure for most problems is taking decisive action, Merulla clearly had the right potions to hand in his big bag of tricks.

Andrew Dreschel’s commentary appears Monday, Wednesday and Friday. adreschel@thespec.com 905-526-3495 @AndrewDres­chel

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