March 2/05 Report
Adjourned 11:30 am

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. 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 :

• G. Peace - City Manager
• J. Rinaldo - General Manager, Finance and Corporate Services
• C. Graham - General Manager, Human Resources
• K. Christenson - City Clerk
• S. Hayden - Deputy Clerk/Manager, Elections
• J. Lee - Director, Customer Service
• L. Friday - Director, Taxation
• P. Barkwell - City Solicitor
• C. Murray - Director, Red Hill Valley Project
• L. Mooradian - Business Administrator, Capital Planning and Improvements, Red Hill Valley Project
• C. Biggs - Legislative Assistant, City Clerk's

1. CHANGES TO THE AGENDA

The Clerk advised of the following changes to the agenda:

1. Deletion of Item 8.3 - Renewal of Water Billing Contract
   (Dealt with by Committee of the Whole on February 28, 2005)
2. Request to appear before the Committee from John Shymko, representing Hamilton Council of Canadians, respecting Monthly Status Report - Red Hill Valley Project (Item 8.5 on agenda)
3. Appointment of member of Corporate Administration Committee to the Facility Naming Sub-Committee

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

4. DELEGATIONS REQUESTS

(Samson/Bruckler)
That Mr. John Shymko, representing the Hamilton Council of Canadians, be given the opportunity to address the Committee with respect to Item 8.5 of the agenda - Monthly Status Report - Red Hill Valley Project. CARRIED.
(Read Mr. Shymko's report.)

5. DELEGATIONS

5.1 (a) Mr. David Auger respecting request for property tax exemptions for properties located at 1155 and 1157 Beach Blvd., Hamilton ( NOTE: Request to appear approved by Committee on February 2, 2005)

Mr. Auger appeared before the Committee to request the City's consideration in waiving municipal taxes on properties known as 1155 and 1157 Beach Blvd.

(Collins/Pearson)
That the presentation from Mr. David Auger on behalf of the Beach Canal Lighthouse Group, be received. CARRIED.

5.1(b) Request for Property Tax Exemption - 1155 and 1157 Beach Blvd., Hamilton (FCS05028) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Mar02/FCS05028%20Tax
%20Exemption%20Beach%20Canal%20Lighthouse.pdf
Two pre-confederation structures, a Lighthouse and the Keepers Cottage sit on this property. Beach Canal Lighthouse Group formed as a not-for-profit group in hopes of acquiring and preserving these two structures to be used as museums.

(Collins/Ferguson)
That staff from the Culture and Recreation and Finance Divisions meet with representatives of the Beach Canal Lighthouse Group to explore alternatives to declare the properties known as 1155 and 1157 Beach Blvd., Hamilton, as municipal capital facilities in order for the properties to be deemed exempt from taxes. CARRIED. 

6. CONSENT ITEMS

6.1 Minutes of Citizen Volunteer Committees for Information Purposes Only: 

(Ferguson/Pearson)
(a) That the Minutes of the Status of Women Committee meeting held on January 10, 2005, be received;
(b) That the Minutes of the Mundialization Committee meeting held on January 19, 2005, be received. CARRIED.

6.2 Monthly Status Report of Tenders and Requests for Proposals for January, 2005 (FCS05023) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Mar02/FCS05023%20January
%20Tenders%20and%20Requests%20for%20Proposals.pdf

(Ferguson/Pearson)
That the Monthly Status Report of Tenders and Requests for Proposals for January 2005 as set out in Appendix 'A' to Report FCS05023 be received for information. CARRIED.

6.3 City of London's Procedure By-law (CL05006) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Mar02/CL05006%20City%20of
%20London%20Procedure%20by-law.pdf
Compares City of London's amendment to Procedure By-law which include procedures conducive to "Open Meetings"(Appendix A) to the City of Hamilton's current Procedure By-law (Appendix B).

(Ferguson/Pearson)
(a) That Report CL05006 be received for information;
(b) That Item H "Open Government By-law", be removed from the Out-standing Business List of the Corporate Services Committee. CARRIED.

6.4 Consent to Sale - Commerce Place, 1 King Street West, Hamilton (LS05002) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Mar02/CL05006%20City%20of%20London
%20Procedure%20by-law.pdf

(Ferguson/Pearson)
(a) That in connection with the sale of the easterly office tower at 1 King Street West (Commerce Place Phase 1), the City of Hamilton consents to the assignment by SREIT(Commerce Place) Ltd. ("Vendor") of its rights and obligations in the City Lease, the Truck Tunnel Easement Agreement, the James Street Encroachment Agreement and the Multi-Party Agreement to 1 King Street West (Hamilton) Limited ("Purchaser") together with an assignment of by the aforesaid Purchaser of its rights and obligations under the City Lease and the Truck Tunnel Easement Agreement to its Lender, CIBC Mortgages Inc. , subject to the following, namely:

1. the terms and conditions of the existing agreements;
2. the assumption by 1 King Street West (Hamilton) Limited of all obligations under the aforesaid agreements;
3. completion of the requisite due diligence;
4. evidence of the corporate authority of all parties to enter into the required agreements with the City of Hamilton;
5. solicitor's opinions and third party consents where required, all to the satisfaction of the City Solicitor;

(b) That 1 King Street West (Hamilton) Limited shall, on closing, be responsible for all legal costs of the City Of Hamilton with respect to the above consents;

(c) That the Mayor and Clerk be authorized to execute all documentation required to implement the above recommendations for this transaction in a form satisfactory to the City Solicitor; and,

(d) That the General Manager of Finance and Corporate Services be authorized to consent on behalf of the City to any future assignment of these agreements upon being satisfied that the same terms and conditions are being met. CARRIED.

8. DISCUSSION ITEMS

8.1 Employee Parking Policy (HUR03007/PD03204/FCS03135) (City Wide) (NOTE : This matter was referred back to Committee by City Council at its meeting on February 9, 2005.)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Mar02/HUR03007,PD03204,FCS03135
%20cover%20page.pdf

(Collins/Samson)

(a) That, the Employee Parking Policy attached as "Appendix A" hereto, be approved and implemented effective January 1, 2006;

(b) That the following policies and procedures be repealed:

1. Former City of Hamilton/Region of Hamilton-Wentworth Policy No. 3.26, "Employee Paid Parking Procedure" and Policy No. 3.8 "Employee Paid Parking Policy";
2. (Former City of Hamilton/Region of Hamilton-Wentworth "Court-house Parking Policy";

(c) That the Public Works and Planning and Development Departments be directed to investigate and report back on the costs and procedures for proposals to encourage employees in alternate forms of commuting to work, such as car pooling, walking and cycling.

(Collins/Samson)
That the following be added as sub-sections (a), (b) and (d) and the balance of the sub-sections renumbered accordingly:

(a) That those employees who, as a direct result of amalgamation, moved into positions in the downtown core and lost the benefit of employer-provided parking, be added to the list of employees who are currently provided employer-paid parking;

(b) That the Employee Parking Policy attached as Appendix "A" hereto, be amended to include the following within the Provisions section of the Policy:

"Any employee in the downtown core who, effective with the approval date of this policy, has employer-paid parking, is exempted from the subject Employee Parking Policy until such time as they voluntarily leave their current position.";

(d) That all departmental savings realized through the reduction of staff parking permits in the downtown core be applied to public transit/car pooling initiatives. Amendment CARRIED. 

(Collins/Samson)
That sub-section (a) of the main motion be amended by deleting the words, "and implemented effective January 1, 2006", and replaced with the words, "as amended", in lieu thereof. Amendment CARRIED.

Motion as amended CARRIED.

(Councillors M. Ferguson and M. Pearson indicated that they wished to be recorded as OPPOSED to this item.)

8.2 2005 Liability/Property Insurance Policies Renewals (FCS05024) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Mar02/FCS05024%202005
%20Liability%20and%20Property%20Insurance%20Policies%20Renewals.pdf 

(Samson/Pearson)
(a) That the Liability and Property Insurance coverage for the term January 1, 2005 to January 1, 2006, be placed through The Frank Cowan Company Limited, at a cost of $1,890,846 (including applicable tax), in accordance with Appendix "A" attached to Report FCS05024;

(b) That the General Manager, Finance and Corporate Services, be authorized and directed to execute all associated documents on behalf of the City. CARRIED.

8.3 Renewal of Water Billing Contract (FCS05033) (City Wide) (To be distributed under separate cover.)
(Deleted - see "CHANGES TO THE AGENDA")

8.4(a) Term of Council (CL05005) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Mar02/CLO5005_Term
%20of%20Council.pdf
City of Hamilton received a request from AMO to support a resolution to petition the Province to amend the Municipal Elections Act to provide for a four year term of office for council members. Seven out of sixteen Council members responded to the survey. Based upon the answers, the majority prefer to have School Board Elections at the same time as Municipal elections, to not hold municipal elections the same year as Provincial and to not lower the voting age to sixteen, and are not in favour of a four year term for Council nor for changing the time of year for holding municipal elections.

(Pearson/Bruckler)
(a) That the City of Hamilton Council results of the Association of Municipalities of Ontario (AMO) survey on municipal council term be forwarded to the Association;

(b) That item "O" be removed from the Corporate Administration Committee Outstanding Business List. CARRIED.

8.4(b) Correspondence from AMO respecting completion of survey re: issues of municipal elections and the length of term of office (NOTE : This matter was referred to the Committee by City Council at its meeting on February 9, 2005.)

(Pearson/Bruckler)
That the correspondence from AMO respecting completion of a survey re: issues of municipal elections and the length of term of office, be received. CARRIED.

8.5 Monthly Status Report - Red Hill Valley Project (FCS05027/PW05023) (City Wide) (Cross Reference - Item 12.1)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Mar02/FCS05027%20PW05023%20
Red%20Hill%20Valley%20Project.pdf
The Financial Status Report as of January 31, 2005 shows $306,411,000 has been spent. Of that amount $6,605,000 are legal charges.

Mr. John Shymko appeared before the Committee to address issues with respect to the Monthly Status Report - Red Hill Valley Project. In his presentation, Mr. Shymko asked questions in regard to the dollar figures shown in Appendix "A" of Report FCS05037/PW05023, specifically "actions against the Federal Government", "injunction issues" and "legal counsel". Read Mr. Shymko's report.

(Collins/Pearson)
That the presentation of Mr. John Shymko, be received. CARRIED

(Pearson/Collins)
That the Red Hill Valley Project Financial Status Report for January 31, 2005 as set out in Appendix 'A' to Report FCS05027/PW05023 be received for information. CARRIED.

11. GENERAL INFORMATION/OTHER BUSINESS

Appointment to Facility Naming Sub-Committee

Collins/Ferguson)
That Councillor D. Braden be appointed to the Facility Naming Sub-Committee.

Distribution of Citizen Committee Minutes
Councillor Collins requested that future minutes of the various volunteer citizen committees be e-mailed to all members of Council rather than their inclusion in Standing Committee agendas in order to cut down on the volume of paper usage. Members of Council may bring any issues of particular concern to the attention of the respective Standing Committee for further action.

12. PRIVATE AND CONFIDENTIAL

12.1 Red Hill Valley Project Litigation Costs (LS05003) (City Wide) (Cross Reference - Item 8.5)

(Ferguson/Pearson)
That Report LS05003 respecting Red Hill Valley Project Litigation Costs, be received for information.

(Ferguson/Pearson)
That the following be added as sub-section (b):

(b) That Report LS05003 respecting Red Hill Valley Project Litigation Costs remain In Camera. Amendment CARRIED.
Motion as amended CARRIED.

On motion (Pearson/Collins) the Committee moved In Camera. CARRIED.
On motion (Ferguson/Pearson) the Committee reconvened in Open Session.
CARRIED.

Red Hill Valley Project Update (New Business - No Copy)

Mr. Chris Murray, Manager of the Red Hill Valley Project, updated the Committee on the construction progress.

13. ADJOURNMENT

There being no further business, the Committee adjourned at.11:30 a.m.