January 19/05 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 a 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.

Present:

• Councillor D. Braden, (Chair)
• Councillor A. Samson (Vice Chair)
• Councillors P. Bruckler, C. Collins, M. Ferguson, M. Pearson

Also Present:

• Councillors B. McHattie, D. Mitchell, T. Whitehead
• G. Peace - City Manager
• J. Rinaldo - General Manager, Finance and Corporate Services
• C. Graham - General Manager, Human Resources
• J. Lee - Director of Customer Service
• V. Radford - Manager, Customer Contact Centre
• C. McKay - Director, Organization Development
• S. Hayden - Deputy Clerk, Manager of Elections
• T. McCabe - Director, Development and Real Estate
• C. Biggs - Legislative Assistant, City Clerk's

Media Present :

• CFMU

1. CHANGES TO THE AGENDA - None

2. DECLARATIONS OF INTEREST - None

3. APPROVAL OF MINUTES

(Pearson/Ferguson)
That the Minutes of the January 5, 2005 meeting of the Corporate Administration Committee be received and adopted as presented. CARRIED.

4. DELEGATIONS REQUESTS - None

5. CONSENT ITEMS

5.1 Treasurer's Write-Off of Taxes after a Failed Tax Sale (FCS05009) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Jan19/FCS05009%20Treasurers
%20Write-off%20of%20Taxes%20Failed%20Sale.pdf

In 2004 the City conducted two tax sales for non-payment of taxes, one in May and one in November. Report lists 7 properties that did not sell.

(Pearson/Samson)
That the Treasurer, under section 354 (3) of the Municipal Act (2001), write-off taxes as uncollectible due to failed tax sales in the amount of $149,129.20, per Schedule "A" attached to report FCS05009. CARRIED.

6. DELEGATIONS

6.1 Mr. Richard Leitner, on behalf of the Energy and Paperworkers Union of Canada, Local 87-M Southern Ontario Newspaper Guild, respecting the striking production workers at Brabant Newspapers and Hamilton Web (Note: Request to appear approved by the Committee on January 5, 2005)

Mr. Leitner provided CATCH with a written version of his statement. It reads as follows:

" Good morning, Mr. Chair, members of committee and council members. Thank you for the opportunity to address you.

My name is Richard Leitner, and I am speaking to you here today in my capacity as the union chair of the 60 striking production workers at Brabant Newspapers and its sister production company, Hamilton Web Printing.

For those of you who know me from my regular job as a reporter, I guess the tables are turned, but go easy on me even if I never did on you.

I want to tell you why my 60 union colleagues have been picketing for the past seven and a half weeks, literally through rain, sleet and snow.

No one wants to go on strike but their struggle is one of justice, of pay equity, of fair play.

Since Torstar took over our chain of weekly newspapers in June 2003, we have seen unprecedented changes.

The company fired the 600 child carriers who delivered our papers to your doors.

It eliminated our classified and circulation departments, shifting their work to Spectator operations also owned by Torstar.

It downsized press crews through attrition, forcing the remaining operators and helpers to work harder.

It merged the Dundas Star News, established in 1883, with the Ancaster News, opened in 1968, increasing distribution into Westdale for the Dundas edition, changes which allowed the company to cut staff while increasing advertising rates.

It shrank news holes and added more advertorial content which supports advertising.

Many of us don't like these unprecedented changes, and not just because they often demand more effort and longer working hours. They diminish our papers' connection to our community.

But those unprecedented changes have led to unprecedented profits. Our papers have finally met management's oft-stated goal of a 15 per cent operating profit.

Yet when it comes to sharing some of those profits, the company cries poor. It says it now wants a 30 to 35 operating profit - profits that will go to its Toronto headquarters, not be reinvested here in Hamilton .

The 60 striking workers rejected the company's final contract offer because, like me, they don't think it's fair.

The 27 striking inserters, all women, earn a top rate of $8.99 an hour and were offered a wage freeze in the first year, followed by increases of 13 and 14 cents in the next two years. Several of them would have also received modest lump sum payments, but only if they relinquished their right to pursue a pay equity complaint that they are being paid at least $1.52 less than an equivalent male job.

The company has tried to get around this issue by saying there are no male inserters, which is true but misleading at best.

It was in fact management's own pay equity evaluation process, under Southam's ownership in 1994 and before the inserters joined our union, that identified a male equivalent in the press room. While Southam made an adjustment back then as required by law, that pay equity was never maintained and the gap soon re-emerged and grew.

After Torstar took over, we again went through an evaluation process that confirmed the 1994 conclusions. Yet instead of addressing this wage disparity, the company stopped the process last August on the grounds that we were entering contract negotiations.

The net result was an offer that asked these women to relinquish their rights.

Worse, the company offered their male equivalent bigger wage increases, which would have only increased the gap.

But this strike isn't just about the inserters. The remaining production workers rejected the company's two per cent annual wage increases because that's what they've been getting under previous owners when the company was barely breaking even.

As it stands, their wages are the lowest in the Torstar chain and the lowest among the two dozen workplaces represented by our union.

The offer is also well below the norm. The latest figures issued by the Ministry of Labour for the month of November show the average annual wage settlement at 3 per cent.

Worse, the company also sought concessions, asking employees to foot the first $350 of a $500 annual benefit for chiropractic and physiotherapy care to reflect that these services are no longer covered by OHIP.

Torstar can clearly afford to do better.

Its latest quarterly report boasts of a 53 per cent increase in profits in the CityMedia division that includes Brabant , the Spectator and Kitchener area papers. CEO Robert Pritchard noted that Brabant papers are, quote, "performing well and are contributing to CityMedia's growth."

But Torstar refuses to budge from its position or even return to the bargaining table. It would rather hire replacement workers - or scabs, as we call them -- at $50 an hour than offer a fairer wage settlement.

It would rather spends thousands of dollars on security guards, all in the hopes that no one notices.

It can do so because it is a billion dollar corporation taking on 60 people.

It can do so because it also owns the Spectator, allowing it ignore the strike.

It can do so Brabant papers have yet to run a single story on the dispute, now in its eighth week, which I believe is an egregious dereliction of its journalistic responsibility.

To overcome the lack of media coverage, we have resorted to other means to get our message out, including delivering a flyer to every household in Brabant 's coverage area just before Christmas.

We are appealing for the community's help, asking people to stop delivery of their paper and cancel advertising.

We are also appealing for your help, as workers and constituents who live throughout the communities that comprise this city.

We are asking you to withdraw all city advertising that is not legally required.

We are asking you to refuse to deal with Brabant reporters.

We are asking you to enforce your fair-wage policy because we hope you agree with us that refusing to give women equal pay for equal work is hardly fair.

These requested actions will obviously not bring Torstar to its knees. But they will send a powerful message to the community and lend your tremendous moral suasion to our cause.

You can, of course, decline to action, but either way, you will be taking a stand, since continuing with business as usual will help Torstar defeat our strike.

I urge you to take decisive action, and that you take it in favour of our members struggle for a fair, livable wage. Thank you for your time."

The minutes of the meeting record the following: The Committee received a presentation from Mr. Richard Leitner on behalf of the Energy and Paperworkers Union of Canada, Local 87-M Southern Ontario Newspaper Guild, on the above-noted issue. It was pointed out that Councillors individually can use their own discretion to make a decision to suspend their respective advertising with Brabant/Web for the duration of the strike.

(Ferguson/Pearson)
That the presentation from Mr. Richard Leitner be received. CARRIED.

7. STAFF PRESENTATIONS

The Committee received a combined presentation from Verna Radford, Customer Services, with respect to the Customer Contact Centre Alternatives and 311 Dialing for Municipal Non-Emergency Services as these two issues are closely related.

7.1 Customer Contact Centre Alternatives (FCS05012) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Jan19/FCS05012%20-
%20Customer%20Contact%20Centre%20Alternatives.pdf

Report covers 3 alternatives, comparing costs, staffing needs and service delivery to the public. Continuing centralized call handling through a single point of entry is recommended by staff. Includes a summary of calls between 2001 - 2004.

7.2 Update on CRTC Approval of 311 Dialing for Municipal Non-Emergency Services (FCS05010) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Jan19/FCS05010%20-%20
Update%20on%20CRTC%20Approval%20of%20311%20Dialling
%20for%20Municipal%20Non-Emergency%20Services.pdf
311 is a three digit telephone code that would allow residents of Hamilton to call 311 for municipal services and information of a non-emergency nature, and may reduce the calls to 911.

The Committee received a combined presentation from Verna Radford, Customer Services, with respect to the Customer Contact Centre Alternatives and 311 Dialing for Municipal Non-Emergency Services as these two issues are closely related.

(Ferguson/Pearson)
That Report FCS05012 respecting Customer Contact Centre Alternatives, be received and referred to the 2005 budget deliberations. CARRIED.

(Ferguson/Pearson)
That the Corporate Administration Committee establish a 311 Sub-committee consisting of two members of the Corporate Administration Committee and one member of the Community Services Committee, in order to review the concept of establishing 311 dialing for municipal non-emergency services in the City of Hamilton and to make recommendations with respect to its implementation.

(Ferguson/Pearson)
That the following be added as sub-section (b):
(b) That Councillors P. Bruckler and C. Collins be appointed from the Corporate Administration Committee to serve on the 311 Sub-Committee.
Amendment CARRIED.
Motion as amended CARRIED.

8. DISCUSSION ITEMS

8.1 Dominion Bond Rating Service's 2004 Credit Rating Confirmation (FCS04095(a)) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Jan19/FCS04095(a)%20Report%20-
%20Dominion%20Bond%202004%20Credit%20Rating.pdf
Credit rating remains at AA stable. Full report attached.

(Samson/Ferguson)
That Report FCS04095(a) Dominion Bond Rating Service's 2004 Credit Rating Confirmation be received for information. CARRIED.

8.2 Meadowlands Parkland Credit (FCS05005) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Jan19/FCS05005%20Meadowlands
%20Parkland%20Credit.pdf
"City Staff presented 752401 Ontario Inc. with a proposal to payout the credit based on the current raw land value. Based on the City's estimate, the raw land value is currently approximately $225,000 per acre or about $2 million in total."

(Bruckler/Ferguson)
(a) That the cash value of the parkland credit held by 752401 Ontario Inc. in the "Meadowlands of Ancaster" developments be paid by the City from the Parkland Dedication Reserve #104090 in the amount of $1.8 million in 2006;
(b) That prior to making the said payment, the City receive from 752401 Ontario Inc written acknowledgement, in a form satisfactory to the City solicitor, that the said payment of $1.8 million is in complete satisfaction of the City of Hamilton 's obligation with respect to the outstanding parkland credits in the "Meadowlands of Ancaster". CARRIED.

8.3 Use of Lottery License Proceeds Policy (FCS05011) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Jan19/FCS05011-Use%20of%20
Lottery%20Proceeds.pdf
"The AGCO lottery licensing policy manual allows all eligible groups to use 2% of net lottery proceeds for their building upkeep and maintenance. In addition up to 12% of gross proceeds can be used from break open ticket (BOT) sales but this amount must include allowable expenses and therefore often amounts to very little. The Royal Canadian Legion branches and most related service clubs (Veterans Associations) own their own clubhouses. These clubhouses are often donated to charitable/community benefit groups for various functions throughout the year. The AGCO recognizes this fact and has therefore expanded its policy to allow these groups to use up to a maximum of 50% of lottery proceeds for building purposes as long as this is done by specific municipal policy or else the original 2% and 12% guidelines apply." 

(Bruckler/Ferguson)
That the policies for use of lottery license proceeds for Branches of the Royal Canad ian Legion and Service Clubs, attached as Appendices A and B to Report FCS05011 be approved. CARRIED.

9. ITEMS DEFERRED FROM JANUARY 5, 2005 COMMITTEE MEETING

9.1 Toronto Election Finance Review Task Force (CL05002) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Jan19/CL05002%20-Toronto
%20Election%20Finance%20Review%20Task%20force.pdf
"On September 15, 2004 , Hamilton City Council directed that the City Clerk prepare a report and recommendation on the feasibility of Hamilton undertaking its own election campaign finance review." Staff report presents various options.

Councillor B. McHattie addressed this issue and advised that not all of the Toronto recommendations necessarily apply to Hamilton i.e., Joint Campaigns, while other recommendations are mutual concerns e.g., Mandatory Electronic Filing, Elections Ontario, Public Financial Reports.

The Committee agreed that recommendation with respect to Elections Ontario was a priority issue, and recommended the appropriate action (motion below). Following discussion of the balance of the Task Force recommendations, it was moved by Councillor Collins and seconded by Councillor Pearson that the remaining issues be tabled pending further discussions.

(Collins/Samson)
(a) That the Minister of Municipal Affairs and Housing be advised:
(i) That the Council of the City of Hamilton supports amendments to the Municipal Elections Act to provide that monitoring and enforcement of the provisions of the Municipal Elections Act be the responsibility of Elections Ontario, and that sufficient power be given to Elections Ontario to provide appropriate enforcement of the provisions of the Municipal Elections Act.";
(ii) That municipalities not be responsible for costs associated with Elections Ontario assuming responsibility for monitoring and enforcement, should the Province amend the Municipal Elections Act;
(b) That this resolution be forwarded to the Association of Municipalities of Ontario and the Association of Municipal Manager, Clerks and Treasurers of Ontario. CARRIED.

(Collins/Pearson)
That the balance of the recommendations of the Toronto Election Finance Review Task Force (summary attached as Appendix "A" to Report CL05002) be tabled pending further discussions. CARRIED.

9.2 Communication from Forrest Greene, CRTC Client Services respecting diverse local television broadcasting

(Collins/Pearson)
That this item be deferred to the next meeting of the Corporate Administration Committee. CARRIED.

9.3 Review of Outstanding Business List

That the Outstanding Business List of the Corporate Administration Committee, as amended, be approved. CARRIED.

11. NOTICES OF MOTIONS 

On motion (Collins/Ferguson) the Committee moved in Camera to discuss a personnel matter. CARRIED.

On motion (Collins/Ferguson) the Committee reconvened in Open Session.
CARRIED.

13. PRIVATE AND CONFIDENTIAL

13.1 Part-Time Wage Rates (HUR05002) (City Wide)
Joe Rinaldo advised that the process of reviewing the finance and administrative areas is underway, and invited members of the Corporate Administration Committee to participate in the review. As a result, Councillors C. Collins and M. Ferguson will take part in the review.

(Ferguson/Collins)
(a) That this report concerning wage adjustments to comply with the minimum wage requirements of the Employment Standards Act be received for information.

(b) That the information in this report regarding the process for implementing a wage administration program for affected positions be received for information. CARRIED.