December 8/04 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 .)
- Councillor M. Ferguson (Chairman),
- Councillor D. Braden (Vice Chairman),
- Councillors P. Bruckler,
- C. Collins,
- M. Pearson,
- A. Samson
Also Present :
- Councillors B. Bratina, S. Merulla, T. Whitehead,
- G. Peace - City Manager,
- J. Rinaldo - General Manager, Finance and Corporate Services,
- C. Graham - General Manager, Human Resources,
- C. McKay - Director, Organization Development and Client Services,
- D. Logan - Director, Labour and Employee Relations,
- M. Amorosi - Director, Employment and Client Services
- G. Paparella - Director, Strategic Initiatives, J. Lee - Director, Customer Service
- L. Friday - Director, Taxation, C. Biggs - Legislative Assistant, City Clerk's
- S. Paparella - Legislative Assistant, City Clerk's
THE FOLLOWING ITEMS WERE REPORTED TO CITY COUNCIL FOR CONSIDERATION:
Election of Vice Chair
That Councillor A. Samson be nominated as Vice Chair of the Corporate Administration Committee in 2005. Nominations were closed and Councillor Samson was appointed by motion. CARRIED
1. CHANGES TO THE AGENDA
That the agenda be approved. CARRIED.
2. DECLARATIONS OF INTEREST
3. APPROVAL OF MINUTES
That the Minutes of the November 17, 2004 meeting of the Corporate Administration Committee be received and adopted as presented. CARRIED.
4. DELEGATION REQUESTS
Mr. Sergio Manchia respecting property taxes at 1147 Garner Road
Mr. Manchia did not require to appear before the Committee as his issue was resolved and resulted in a recommendation approved by the Committee.
Councillor Ferguson vacated the Chair in order to speak to this matter.
That the General Manager of Finance and Corporate Services be authorized and directed to write off $101,466.86 in penalty and interest respecting municipal property taxes at 1147 Garner Road, Hamilton (formerly in the Town of Ancaster) subject to the proponent, 1018168 Ontario Inc.:
- making a payment of $216,31396 (sic) on the balance of municipal property taxes owed on or before December 17, 2004;
- proceeding with and substantially completing the development of the subject property and all associated capital works related to Given (?) Road in 2005
5. CONSENT ITEMS
Apportionment of Taxes - Pursuant to Section 356 of the Municipal Act, 2001, S.O. 2001, C.25 (FCS04143) (Wards 1, 5, 7, 10 and 14)
(a) That the land taxes levied against Roll #2518 010 043 04450 (112 Emerson Street, Hamilton) for the 2002, 2003 and 2004 tax years, be apportioned in the amount of $15,074.11 and split amongst the two parcels, as set out in Appendix A to Report FCS04143;
(b) That the land taxes levied against Roll # 2518 050 521 07540 (0 Webster Road, Hamilton) for the 2002 tax year, be apportioned in the amount of $99,305.97 and split amongst the one hundred and thirteen newly created parcels, as set out in Appendix A to Report FCS04143;
(c) That the land taxes levied against Roll # 2518 003 250 39500 (211 Dewitt Road, Stoney Creek ) for the 2002 and 2003 tax years, be apportioned in the amount of $5,697.11 and split amongst the two newly created parcels, as set out in Appendix A to Report FCS04143;
(d) That the land taxes levied against Roll # 2518 070 741 00250 (762 Stone Church Road East, Hamilton) for the 2002 and 2003 tax years, be apportioned in the amount of $6,017.38 and split amongst the two newly created parcels, as set out in Appendix A to Report FCS04143;
(e) That the land taxes levied against Roll # 2518 301 440 75400 (1201 4 th Concession Road West, Flamborough) for the 2002 and 2003 tax years, be apportioned in the amount of $4,645.53 and split amongst the two newly created parcels, as set out in Appendix A to Report FCS04143;
(f) That the land taxes levied against Roll # 2518 302 230 36154 (15 Medwin Drive, Flamborough), Roll # 2518 302 230 36200 (611 Harvest Road, Flamborough), Roll # 2518 302 230 36150 (607 Harvest Road, Flamborough) for the 2002 tax year, be apportioned in the amount of $9,364.83 and split amongst the four newly created parcels, as set out in Appendix A to Report FCS04143;
(g) 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.
Use of Video Surveillance in the Downtown Core - Mr. Matt Jelly
A written presentation was submitted by Mr. Matt Jelly and has been retained in the public records of the City Clerk's Office.
That the presentation by Matt Jelly respecting privacy issues related to the use of video surveillance in the downtown core, be received. CARRIED.
7. STAFF PRESENTATIONS
7.1 Human Resources Department Program Overview
A copy of the power point presentation was distributed to the Committee and has been retained in the public records in the City Clerk's Office.
That the presentations by C. McKay, Director, Organization Development and Client Services, D. Logan, Director, Labour and Employee Relations, and M. Amorosi, Director, Employment and Client Services, respecting their program overviews, be received. CARRIED.
7.2 Municipal Tax Competitiveness Study - 2003 (FCS04140) (City Wide)
Study includes 61 Ontario municipalities representing about 75% of the province's population with Hamilton being the 4 th largest. Hamilton's ranking in tax burden remains between "mid to high". Bill 140 restricts the City from increasing taxes on the commercial and industrial base, and in addition to that, the City reduced the taxes in these categories by implementing the Business Tax Reduction Plan, thus shifting the budget increase over the last two years exclusively to the residential class. The City of Hamilton's average residential tax increase of 3.6% came in at the sample average. Although our assessment per capita is lower than average, $60,000 compared to survey average of $77,500, our taxes per capita are higher, $1,011, compared to survey average of $948. Tax ratios for Multi-Residential, Commercial and Industrial have been declining, but are still one of the highest in the Province. "Hamilton's below average household income, combined with above average residential taxes, results in high property taxes as a percentage of income."
A copy of the power point presentation was distributed to the Committee and has been retained in the public records in the City Clerk's Office.
That Report FCS04140 "Municipal Tax Competitiveness Study - 2003" be received for information. CARRIED.
8. DISCUSSION ITEMS
8.1 Update on Extend Local Calling Initiative Report (FCS03054(a)) (City Wide)
Report recommends "Bell Canada be requested to expedite the consideration of the Hamilton local calling area expansion." From a motion passed at the Committee of the Whole meeting (Mar. 4/03), "the City of Hamilton request Bell Canada to prepare the economic analysis .to determine the costs of expanding the local calling area to ensure that the maximum number of residents . can call other exchanges in the City toll free while maintaining a resulting rate increase of $1.00 per line per month or less."
The following subsection was deleted : "That Bell Canada be requested to expedite the consideration of the Hamilton local calling area expansion as soon as possible."
That Report FCS03054(a), being an update on the status of the Extend Local Calling Initiative, be received, and that staff continue to monitor a similar project in the City of Ottawa. CARRIED.
(Councillor A. Samson indicated that he wished to be recorded as OPPOSED to this item.)
8.2 Funding for Mohawk Sports Park Four Pad Arena (FCS04147) (Ward 6)
"As part of the 2004 capital budget . Council approved the Mohawk Sports Park Quad Pad Arena at a total cost of $17 million with a net cost of $12 million ($5 million was approved to be funded from the Development Charge Reserve). This report recommends that the $12 million net cost be borrowed internally from the soft-service development charge reserves and the sanitary sewer capital reserve to be repaid over 20 years at 2.45% interest."
(a)That the long-term financing of $12 million required for the Mohawk Sport Park Four Pad Arena which was approved in the 2004 Capital Budget and Report HSC04002a be funded by an internal long term loan amortized over a period of 20 years at an interest rate of 5.245%;
(b) That on completion of the project (March 1, 2005) $6 million be borrowed internally from the Soft Service Development Charge Reserves and $6 million from the Sanitary Sewer Capital reserve;
(c) That the annual debt charges (including principal and interest) be funded from the annual operating revenues of the Mohawk Sports Park Four Pad Arena which will avoid any impact on the City's property tax levy. CARRIED.
8.3 Payment Proposal - 12 and 18 Walnut Street South, Hamilton (FCS04141) (City Wide, Ward 2)
Former owner of both properties was Langley Parisian Ltd., which went out of business in 2003 (bankruptcy). Present owner is 891191 Ontario Ltd., In Trust (Mr. Marino Rakovac). Both properties were sold for $7001, due in part "to the outstanding taxes and the suspected contamination." If Council approves, Mr. Rakovac will pay $111,000 tax arrears, and $5938 for 2004 taxes. The property has been in tax arrears since 1998. Mr. Rakovac plans to use the property as an auction house and "ultimately creating 10 to 16 artisan studios that will be built on the top floor and basement of the building."
(a) That the Treasurer accepts a tax payment settlement of $111,000 for the Brownfield Properties known as 12 and 18 Walnut Street South from 891191 Ontario Ltd., Mr. Marino Rakovac;
(b) That the Treasurer, pursuant to Ontario Regulation 138/04, be authorized to write-off the balance of taxes, penalty and interest, BIA and water arrears outstanding in the amount of $124,664.52;
(c) That 891191 Ontario Ltd., be requested to pay the 2004 taxes pro-rated from the time of ownership in the amount of $5,938.79. CARRIED.
(New Business, no Copy)
Payment Proposal - 263 to 279 Bay, 32 Tiffany and 107 Stuart Streets, Hamilton" (City Wide, Ward 2)
(a) That staff be directed to proceed with the appropriate steps to settle outstanding property taxes for seven properties located at Bay, Tiffany and Stuart Streets in order to allow for the development of a multi-townhouse development project;
(b) That the General Manager of Finance and Corporate Service be authorized to write-off $301,000 and provide an information report to the Committee in January, 2005. CARRIED.
8.4 Hamilton Street Railway Plan (1994) - Plan Amendment (FCS04144) (City Wide)
Report asks for an amendment to the Hamilton Street Railway Pension Plan. Under the Income Tax Act the pension has been frozen at $1722 per year of service since 1976. The 2003 federal budget increased this limit so an amendment is required to recognize increases to the maximum pension limit.
That the Treasurer be authorized to file Amendment No. 4 to the Hamilton Street Railway Pension Plan (1994), as per Appendix 'A' to Report FCS04144, with the Financial Services Commission of Ontario (FSCO) and Canada Revenue Agency (CRA). CARRIED.
8.5 2005 Advance Payments to External Boards and Agencies (FCS04145) (City Wide)
Approval is needed "to continue funding certain organizations that receive funding on a monthly or quarterly basis, pending approval of the 2005 budget. The funding is based on the previous year's budget and is adjusted, if necessary, when the current year's budget receives Council approval." The Royal Botanical Gardens has been added to the list for 2005.
(a)That commencing January 1, 2005, an advancement of funds be provided to the external boards and agencies, in the specified amount and on the specific dates as shown in Table One to Report FCS04145, "2005 Advance Payments to External Boards and Agencies",
(b) That any outstanding arrears due to the City of Hamilton, by any Boards or Agencies, be paid with approved grant funding, including advances, until the debt is satisfied, at which point the organization will receive payment. CARRIED.
8.6 Hamilton Conservation Authority - Loan Request for Fifty Point Marina and Lakeland Centre Funding (FCS04146) (City Wide)
Hamilton Conservation Authority (HCA) request a loan of up to $1,200,000 to fund the Fifty Point Marina Walls project, to be payable over a period of 10 years with an interest rate of 5%, funded from Unallocated Capital Reserve. (In March 2004, Lakeland Centre received approval of a loan of $840,000 from this same fund.) The repayment of the loan including interest requires the HCA to include this cost in their 2005 levy request from the City. The HCA has 2 outstanding loans with the City, in good standing: Wild Waterworks and Barangas - sanitary sewers. Presently the walls at the Marina are made of rock filled wire baskets which are deteriorating. This project involves removing the rock walls and replacing them with longer lasting steel sheet pile walls. Staff recommends the loan.
(a) That the City of Hamilton provide a loan, of up to $1,200,000, to the Hamilton Conservation Authority to fund the Fifty Point Marina Walls project, to be payable over a period of 10 years and charged an interest rate of 5% (approximate external debenture rate), and;
(b) That the Legal Department be authorized to draft the loan agreement once the final amount, payment dates, terms and interest rate are confirmed with the Hamilton Conservation Authority, and;
(c) That the loan for the Fifty Point Marina Walls project, of up to $1,200,000 and the $840,000 loan for the Lakeland Centre, as approved in Report FCS04029 "Hamilton Conservation Authority Loan Request", by Council on March 10, 2004, be funded from the Unallocated Capital Reserve (108020). CARRIED.
8.7 RFP C11-156-04 - "Biosolids Management Services for the City of Hamilton" (FCS04149) (City Wide)
The City issued a Request for Proposal (RFP) to retain the services of a qualified contractor for the responsibility of the City's biosolids, effective Jan. 1, 2005. The RFP closed on Oct. 13, 2004. Since then the City has received a letter of complaint from WESSUC Inc., (Apx. A). Although WESSUC did not submit a proposal, the letter expressed concerns they had with some conditions of the RFP. Two major concerns were: (1) the requirement of an initial $100,000 proposal deposit and a $250,000 proposal security for the preferred proponent severely limited the competitive nature of the process, and (2) the timing of the RFP being issued just 4 months prior to the completion of the current contract. Staff addresses theses concerns in the report.
That the correspondence from WESSUC Inc., attached as Appendix "A" to Report FCS04149, expressing concerns with respect to RFP C11-156-04 "Biosolids Management Services for the City of Hamilton", be received for information. CARRIED.
9. SUB-COMMITTEE REPORTS
9.1 City Hall Print Shop: Operating Agreement with Canon Canada Inc. (CM04035) (City Wide) - Report submitted by the Peer Print Review Sub-Committee
The City currently operates a Print Shop in the basement at City Hall with ageing equipment that needs replacement. As the results of a RFP in Dec. 2002, the City awarded Canon Canada Inc. with a six-year contract to install new combination units throughout the organization. Canon will administer all incoming copy and print orders and responsibilities that go along with that, and will ensure security of the operation and total accountability for all ouput. The Manager of Corporate Communications will continue to have overall responsibility for the print shop services.
Councillor Ferguson vacated the Chair in order to speak to this matter.
(a) That the City Manager be authorized to negotiate and enter into a six-year contract with Canon Canada Inc. to operate the City Hall Print Shop, as outlined in this report in a form satisfactory to the City Solicitor.
(b) That the City Manager be authorized and directed to implement new photocopying and printing policies and monitoring procedures, as outlined in Report CM04035.
(c) That the City Manager be authorized and directed to establish an annual printing and photocopying roster through a Request for Proposal (RFP) process that will allow outside suppliers the opportunity to quote on municipal work that cannot be produced in the City Hall Print Shop. CARRIED.
9.2 Report 04-006 of the Grants Sub-Committee (November 25, 2004 meeting)
(a) Convention Grants (GRA04005(g)) (City Wide) (Item 3)
That the Convention Grant Application in the amount of $1,000.00 be approved and funded from the Grants Budget as outlined in Appendix A attached to Report GRA04005(g). CARRIED.
(b) Theatre Aquarius - Loan Request (GRA04011) (City Wide) (Item 4)
(i) That a loan to Theatre Aquarius in the amount of $634,592.92, amortized over 4-years at 4% (approx. external debenture rate) be approved;
(ii) That the Legal Services Department be directed to prepare all appropriate documentation for the security of the loan and prepare the Loan agreement prior to year end;
(iii) That the loan amount of $634,592.92 be funded and repaid from the Former Hamilton Capital Reserve #108035;
(iv) That the Mayor and Clerk be authorized to sign all appropriate documentation. CARRIED.
(c) Request for Advance Community Partnership Program Payments (GRA04012) (City Wide) (Item 5)
That staff be authorized to continue to provide advance monthly payments to 2005 Community Partnership Program applicants as per Table One attached to Report GRA0412, based upon 2004 Community Partnership Program funding levels, commencing with a payment for the first quarter of 2005 (January to March). CARRIED.
(d) Hamilton Winterfest - A Proposed Business Plan (New Business - Copy)
(i) That the Winterfest event at Pier 4 Park for 2005 be cancelled and the funds be diverted to market the local neighbourhood functions;
(ii) That staff review the options for the Winterfest event for 2006, in consultation with community groups, and submit a report with the options to deliver the program in 2006. CARRIED.
9.3 Report 04-004 of the Governance Review Sub-Committee (November 30, 2004 meeting)
(a) Role of Committee Chair (City Wide) (CL04015) (Item 4)
(i) That Report CL04015, respecting the Role of Committee Chair, be received for information;
(ii) That the City Clerk be directed to forward a memo to all members of Council outlining the duties of the Committee Chair for their information. CARRIED.
(b) Standing Committee Reports to Council and Distribution of Agendas (City Wide) (CL04016) (Item 5)
(i) That Report CL04016 respecting Standing Committee Reports to Council & Distribution of Agendas be received;
(ii) That Standing Committees scheduled during the week of Council meetings continue to report to the Council meeting in the same week;
(iii) That section 9.2 of the City's Procedural By-law No. 03-301 be amended to reflect a "24 hours" distribution of agendas to the media and general public, following distribution to Members of Council and Corporate Management Team;
(iv) That staff be directed to prepare the appropriate public notice of amendment to the Procedural By-law No. 03-301 in accordance with recommendations adopted. CARRIED.
(c) Standing Committee Meetings Curfew (City Wide) (CL04017 ) (Item 6)
(i) That a curfew for Standing Committee meetings not be implemented;
(ii) That the City's Procedural By-law 03-301 be amended by deleting Section 3.12 respecting the 9:00 p.m. and 10:00 p.m. curfews;
(iii) That staff be directed to prepare the appropriate public notice of amendment to the Procedural By-law No. 03-301 in accordance with recommendations adopted. CARRIED.
(i) City Representation - Hamilton District Health Council (HDHC)
That the Selection Committee be requested to review the databank of applications previously received through the advertising process, and forward a recommendation to Council for appointment to the Hamilton District Health Council. CARRIED.
(ii) City Representation - Conservation Halton
That the Selection Committee be requested to review the databank of applications previously received through the advertising process, and forward a recommendation to Council for appointment to the Conservation Halton. CARRIED.
(iii) Composition of Future Standing Committees - Number of Members to be Reviewed
(aa) That the composition of the Standing Committees remain status quo for the balance of the 2004-2006 term of Council;
(bb) That the City Clerk be directed to review and report back on the composition (number of members) of the Standing Committees and the selection process for the next term of Council. CARRIED.
10. ITEMS REFERRED FROM CITY COUNCIL
10.1 Purchasing Policy Section No. 4 - Policy for Approval Authority
That the City's Purchasing Policy Section No. 4 regarding the policy of delegated authority spending limits for City Staff be referred to the General Manager of Finance and Corporate Services with direction that the policy be reviewed and a report be brought back to the Committee which includes options of delegated spending limits, for further discussion. CARRIED.
Motions - Arena Expansion/Replacement
That the Community Services Committee be requested to direct staff to investigate the feasibility of twinning Morgan Firestone and Valley Park and finding a replacement for North Wentworth Arena, with no impact on the budget. CARRIED.
12. NOTICES OF MOTIONS
13. GENERAL INFORMATION
Councillor Braden expressed his concern with respect to correspondence sent from the external auditor to Council, and the delay to bring the same to the Councillors' attention, and requested an explanation from staff. The General Manager of Finance and Corporate Services responded and advised that appropriate steps have been taken.
14. PRIVATE AND CONFIDENTIAL
Councillor Ferguson vacated the Chair prior to the In Camera discussions; Councillor Braden assumed the Chair.
On motion (Braden/Samson) the Committee moved In Camera for discussion with respect to personnel matters. On motion (Pearson/Bruckler) the Committee reconvened in Open Session.
14.1 Legal Services Restructuring (LS04020) (City Wide)
(a) That Report LS04020 respecting Legal Services Restructuring be referred to the 2005 budget process for consideration;
(b) That the consultant retained to conduct the review of the organizational structure of the Legal Services Division be present during the discussions to respond to questions of the Committee. CARRIED.
14.2 Memorandum of Agreement ONA Local 50 (Macassa/Wentworth Lodge) (HUR04016) (City Wide)
That the Memorandum of Agreement between the City of Hamilton and the Ontario Nurses' Association, Local 50 Macassa/Wentworth Lodge (ONA 50), which represents Registered Nurses at Macassa Lodge and Wentworth Lodge, be approved. CARRIED.
There being no further business, the Committee adjourned at.1:30 p.m.
Respectfully submitted Councillor M. Ferguson, Chairman Corporate Administration Committee, Carolyn Biggs Legislative Assistant
December 8, 2004