Oct 20/04 Report

Note to readers:

This report has been compiled using several sources including the official minutes prepared by city staff. We have added internet links to agenda items and provided summary information about the main items to allow the reader to understand what they were about. Transcriptions of portions of the meeting may be added at a later date.

(Attendance of Councillors and Staff is not confirmed by CATCH .)
Present: Councillor M. Ferguson (Chairman), Councillor D. Braden (Vice Chairman), Councillors P. Bruckler, C. Collins, M. Pearson, A. Samson

Also Present : Councillors T. Whitehead, B. Morelli, J. Rinaldo - General Manager, Finance and Corporate Services, P. Barkwell - City Solicitor, L. Friday - Director of Taxation, C. Graham - General Manager, Human Resources, J. Lee - Director, Customer Service, Corporate Services, M. Carter - Access and Equity Co-ordinator, Corporate Services, C. Biggs - Legislative Assistant, City Clerk's

1. CHANGES TO THE AGENDA

The Clerk advised of the following changes:
(i) Delegation request from Mr. Larry Pomerantz on behalf of Earth Day Hamilton, requesting a rent subsidy at HECFI

(Pearson/Braden)
That the agenda be approved, as amended. CARRIED.

2. DECLARATIONS OF INTEREST

Item 5.1 Monthly Status Report of Tenders and Requests for Proposals for September, 2004 (FCS04023(g)) (City Wide)
Councillor M. Ferguson declared an interest as he has a relative employed by one of the companies awarded contracts.

3. APPROVAL OF MINUTES

(Collins/Pearson)
That the Minutes of the October 6, 2004 meeting of the Corporate Administration Committee be received and adopted as presented. CARRIED.

4. DELEGATION REQUESTS
(Collins/Pearson)

4.1 That the requests from Mr. Ray Ross, Belvista Properties Inc., and Mr. Andrew Norwich, Committee to Save Charity Bingo, to appear before the Committee, be approved.

4.2 That Mr. Larry Pomerantz, Board Chair Earth Day Hamilton, be allowed the opportunity to address the Committee at today's meeting. CARRIED.

5. CONSENT ITEMS

5.1 Monthly Status Report of Tenders and Requests for Proposals for September, 2004 (FCS04023(g)) (City Wide)

(Bruckler/Collins)
That the Monthly Status Report of Tenders and Requests for Proposals for September as set out in Appendix 'A' to Report FCS04023(g) be received for information. CARRIED.

5.2 Apportionment of Taxes - Pursuant to Section 356 of the Municipal Act, 2001, S.O. 2001, C.25 (FCS04119) (Wards 1, 12 and 13)
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
corporate-administration/2004/Oct20/FCS04119%20
Apportionment%20of%20Taxes.pdf
In all 3 properties, land has been severed and city recommends taxes be divided to reflect the divisions.

• Roll #2518 020 153 50130 at 80 King William Street, Hamilton (Ward 2)
• Roll #2518 140 280 12600 at 990 Golf Links Road, Ancaster (Ward 12)
• Roll #2518 260 190 20200 at 150 King Street West, Dundas (Ward 13)

(Bruckler/Collins)

1. That the land taxes levied against Roll # 2518 020 153 50130 (80 King William Street, Hamilton) for the 2003 and 2004 tax years, be apportioned in the amount of $48,968.52 and split amongst two new parcels, as set out in Appendix A to Report FCS04119;
2. That the land taxes levied against Roll # 2518 140 280 12600 (990 Golf Links Road, Ancaster) for the 2002 tax year, be apportioned in the amount of $5,330.24 and split amongst thirty two new parcels, as set out in Appendix A to Report FCS04119;
3. That the land taxes levied against Roll # 2518 260 190 20200 (150 King Street West, Dundas) for the 2002 tax year, be apportioned in the amount of $30,557.85 and split amongst one hundred and twelve new parcels, as set out in Appendix A to Report FCS04119;
4. That the Clerk be authorized to provide the City Treasurer with a copy of this resolution in order that the taxes on the accounts may be adjusted accordingly.
   CARRIED.

5.3 2004 Freedom of Information Requests - Quarterly Report (CL04014) (City Wide)
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
corporate-administration/2004/Oct20/
CL04014%20FOI%20Quarterly%20Report.pdf (Includes Apx.)
"In an effort to keep the Committee and Council more informed of the number and types of information requests received under the Act, the City Clerk agreed to provide quarterly reports to the Corporate Administration Committee. This report is the first of the quarterly reports presented. Listed on Appendix "A" attached to this report are details of the requests received during the third quarter of 2004, the length of time it took to process each request and the status of the request, noting which exemptions, if any, where applied to the requested records. The next quarterly report will be presented in January 2005 for the last quarter of 2004."

Councillor Braden requested that respective members of Council be advised when FOI inquiries have been made of them. Mr. Rinaldo indicated that he would advise the City Clerk of this request.

(Bruckler/Collins)
That Report CL04014, which lists the requests for information made to the City under the Municipal Freedom of Information and Protection of Privacy Act for the third quarter of 2004 (July 1 to September 30), be received for information. CARRIED.

5.4 Lease Agreement: 471 King Street East, Hamilton - Lansdale/Stinson Community Policing Centre (City Wide)

(Bruckler/Collins)

1. That the Mayor and the City Clerk for the City of Hamilton be authorized and directed to execute a Lease Agreement between the City of Hamilton (Tenant) and Dachlauer Investment Ltd. (Landlord) in a form satisfactory to the City of Hamilton Legal Services, for the premises located at 471 King Street East, Hamilton, Ontario, to provide a continued location for the Hamilton Police Service to operate a Community Policing Centre;
   
   
2. That the Lease Agreement for 471 King Street East, Hamilton, Ontario, contain the following terms and conditions:
   
   Area: Approximately 800 square feet on the first floor and 600 square feet in the basement;
   
   Term: A period of five (5) years, commencing on January 1, 2004 and ending December 31, 2008;
   
   Rental Rate: $520 per month for the year 2004, $540 per month for the year 2005, $561 per month for the year 2006, $583 for the year 2007, and $606 for the year 2008, all rates exclusive of G.S.T.; Such rental costs to include the utilities of heat, water and sewers, as well as the real property taxes. Tenants to pay hydro costs.
   
   Renovation Clause: Renovation costs to provide access for persons with disabilities will be the responsibility of the tenant; and
   
   Renewal: No renewal provisions specified.
   
   CARRIED.

5. 5 Request for Financial Assistance - Earth Day Hamilton (New Business)

(Pearson/Samson)

1. That a one-time amount of $2,900 requested from Earth Day Hamilton for the purpose of offsetting the cost of the use of HECFI facilities for the 2005 Earth Day Hamilton event be approved, subject to financial statements being provided to staff prior to the October 29, 2004 Council meeting;
2. That the monies be funded from the 2004 Legislative Contingency;
3. That the organization be encouraged to make application to the 2005 Community Partnership Program for future years' funding, and to make applications to other programs to secure community-based funding. CARRIED.

6. DELEGATIONS

6.1 Delegations/Presentations

(Bruckler/Pearson)
That the following presentation be received:

Mr. Larry Pomerantz, Board Chair of Earth Day Hamilton
Mr. Larry Pomerantz, Board Chair of Earth Day Hamilton, appeared before the Committee to request a rent subsidy at HECFI for the 2005 Earth Day Hamilton event. Additional information provided by Mr. Pomerantz was distributed to members of the Committee, a copy of which is retained in the public record.

Following Mr. Pomerantz' presentation, staff was directed to bring a report back to the Committee identifying monies within department operating budgets which have been used for granting-type functions, with the intent that these amounts be transferred to the Grants budget. CARRIED

7. STAFF PRESENTATIONS

7.1 Disability Management/Return to Work Program Review

(Bruckler/Pearson)
That the following presentation be received:

Mark Amorosi, Employment Co-ordinator, gave a presentation with respect to the Disability Management/Return to Work Program and outlined actions taken to date to address work accommodation. CARRIED.

8. DISCUSSION ITEMS

8.1 Master Trust Pension Investment Performance (FCS04122) (City Wide)
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
corporate-administration/2004/Oct20/FCS04122%20Master
%20Trust%20Pension%20Investment%20Performance.pdf
"On November 1, 1999, the three residual pension plans, HMRF, HWRF and HSR were combined into a Master Trust in order to reduce administration costs and improve management. The results from an investment perspective have been very positive with value added over the past 4 years..."

(Samson/Pearson)
That Report FCS04122 "Master Trust Pension Investment Performance" be received for information. CARRIED.

8.2 2003 Reserve Report Summary (FCS04106) (Item 8.2)
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
corporate-administration/2004/Oct20/FCS04106%202003%20Reserve
%20Report%20Summary.pdf
"It should be noted that future employee related liabilities are estimated at $153.1 million and future closure and post closure costs for landfill sites are estimated at $43.5 million for a total of $196.6 million in potential future liabilities. At the end 2003, only $29.9 million is included in the reserves to offset these liabilities" since reserve funds have been used to reduce tax increases, to fund capital program, and reduce long-term debt. The City currently has an AA credit rating, offset by a capital plan that will see debt and debt service levels rise significantly in 2004 and beyond. Staff notes that in the future "our rising debt levels and operating tax budget deficits will be a concern to the rating agencies."

In response to concerns expressed by the Committee, staff indicated that a report will be prepared outlining the following:

(i) review of reserves in terms of amalgamation reserves

(ii) alternatives for specific reserves eg., enclaves

(iii) parameters for withdrawal from specific reserves

The report will include recommendations with respect to the reserves, where appropriate, and provide the information prior to deliberations of the 2005 budget.

Staff will also provide information by e-mail to Councillors summarizing, how surplus funds have been used in the past.

8.3 Payment Proposal - 675 Strathearne Avenue, Hamilton (FCS04120) (City Wide, Ward 4)
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
corporate-administration/2004/Oct20/FCS04120%20675%20
Stathearne%20Write-off.pdf
"Mr. Archie Leach has an agreement with the mortgage company to take ownership. The current owner is Frank Levy... property has been in tax arrears since 1990 and is vacant. The city sued the receiver in 2002, and was successful in recovering some of the tax monies owed. Proceeds from the lawsuit paid off the tax arrears from 1990 to 1995." Assessed value of the property is $563,000 and is suspected to be contaminated.

(Collins/Samson)

1. That the Treasurer accepts a tax payment settlement of $500,000 for the Brownfield Property known as 675 Strathearne Avenue.;
2. That the Treasurer under Ontario Regulation 138/04 write-off the balance of taxes, penalty and interest and water arrears outstanding in the amount of $480,371.74;
3. That the City consent to an Order, to be taken out by the Plaintiff, dismissing Ontario Superior Court Action 03-9785, without costs, and that the Plaintiff provide a Full and Final Release in a form satisfactory to the City Solicitor. CARRIED.

8.4 WSIB Actuarial Valuation (FCS04117) (City Wide)
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
corporate-administration/2004/Oct20/FCS04117
%20WSIB%20Actuarial%20Valuation.pdf (includes Apx.)
Workplace and Safety Insurance Board (WSIB) claims payments are made for health care benefits, loss of earnings benefits, survivor benefits and non-economic loss benefits and also assesses physician & administration fees. The consultants (Nexus) calculates the deficit at $13.1 million as at Dec. 31/03, down from 2002, primarily because of a contribution from the Benefits Reserve of $4 million. A sufficient budget allocation is required to fund the WSIB costs so that the reserve can be replenished to cover the deficit. In 2004 Budget, Council approved an additional $1 million as a contingency for the increase in costs. Nexus was asked to calculate rates for the 2005 Operating Budget . The City requires a gross budget of $4.7 million to fund new claims, and $200,000 to recover a portion of the internal administration costs of the WSIB. A copy of this report has been sent to the Police Services Board.

(Pearson/Braden)

1. That the WSIB Actuarial Valuation as at December 31, 2003, Appendix A attached to Report FCS04117, be approved, and;
2. That the WSIB Strategy, Appendix B attached to Report FCS04117, be approved, and;
3. That the 2005 WSIB rates by Department included in Appendix C to Report FCS04117, be approved for inclusion in the 2005 budget, and;
4. That net operating budget pressure for WSIB, estimated at $750,000, be referred to the 2005 budget process for consideration, and;
5. That the City Treasurer be authorized to transfer the 2004 Tax Supported operating surplus, if available, to the WSIB Reserve (112040) to fund the actuarial deficiency. CARRIED.

11. NOTICES OF MOTIONS

Outstanding Business Item I - Succession Planning - General Managers (New Business)

(Collins/Bruckler)
That Item I - Succession Planning - General Managers, be deleted from the Out- standing Business List of the Corporate Administration Committee as the information requested has been distributed to Members of Council. CARRIED.

13. PRIVATE AND CONFIDENTIAL

13.1 Volunteer Committee Membership Legal Advice (LS04019) (City Wide) (Report LS04019 is confidential and therefore not available)

(Bruckler/Braden)

1. That subsection (a) of Item 6 of Corporate Administration Committee Report 04-008, approved by City Council on May 12, 2004, respecting appointments to the Advisory Committee for Persons with Disabilities be amended by deleting the appointment of Tim French;
2. That Report LS04019 remain confidential because of the legal advice and the personal information contained therein. CARRIED.

In Camera

On motion (Pearson/Samson) the Committee moved in Camera for discussions respecting a personal matter relating to an identifiable individual, and reconvened in Open Session.

General Information

In response to an inquiry from Councillor Collins, staff advised that a variance report will be presented at the next Committee meeting which will indicate the status of 2004 operating and capital accounts by division.