April 20/05 Report
Start time: 9:45 a.m. Adjournment: (In Camera 11:15 a.m.)

Attendance : ( A = Absent)

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

Also Present :

• Councillor T. Whitehead
• J. Rinaldo - General Manager, Finance and Corporate Services
• K. Christenson - City Clerk
• C. Graham - General Manager, Human Resources
• G. Peace - City Manager

Media

• CHML (Mann)
• Spectator (McGuinness)
• CFMU

CATCH: Roberts

4. DELEGATIONS REQUESTS

4.1 Request from Cat Cayuga, Project Manager, Citizen Protection Project, to appear before the Committee to present a report from Community Consultations
Deferred to a later date.

6. CONSENT ITEMS

6.1 Minutes of Various Citizen Committees

(a) Committee Against Racism - January 25, 2005
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Apr20/Racism%20-%20Jan%2025%2005.pdf

(b) Committee Against Racism - February 22, 2005
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Apr20/Racism%20-%20Feb%2022%2005.pdf

(c) GLBT Advisory Committee - January 12, 2005
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Apr20/GLBT%20-%20Jan%2012%2005.pdf

(d) Status of Women Committee - February 21, 2005
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Apr20/Status%20of%20Women
%20-%20Feb%2021%2005.pdf

(e) Status of Women Committee - March 14, 2005
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Apr20/Status%20of%20Women
%20-%20Mar%2014%2005.pdf

(f) Advisory Committee for Persons with Disabilities - February 1, 2005
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Apr20/Disabilities
%20-%20Feb%201%2005.pdf

(g) Advisory Committee for Persons with Disabilities - March 7, 2005
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Apr20/
Disabilities%20-%20Mar%207%2005.pdf

Note: Copies of these Minutes were previously circulated electronically to Council, and are provided for information purposes only.

6.2 Monthly Status Report of Tenders and Requests for Proposals for February 2005 (FCS05023(a)) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Apr20/FCS05023(a)
%20February%20Tenders%20and%20Requests%20for%20Proposals.pdf

6.3 Authorization to Enter into Extension Agreements on Specific Properties for the Payment of Property Tax Arrears (FCS05045) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Apr20/FCS05045%202005
%20EA%20recomendation.pdf

6.4 Red Hill Valley Project Financial Status Report (FCS05027a/PW05023a) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Apr20/FCS05027a%20PW05023a%20Red%20Hill
%20Valley%20Project%20Financial%20Status%20Report.pdf

Presentation by John Shymko.

Thank you for hearing me out today.

My name is John Shymko and I am the Chair of the Hamilton Chapter of the Council of Canadians and a member of the Friends of Canada.

Friends of Canada has been in touch with the Honourable David Anderson and the Honourable Sheila Copps and both have told us very clearly that they are fighting the lawsuit against them.

I quote from David Anderson's correspondence:

I intend to vigorously contest the lawsuit launched against me by the City of Hamilton.  Public officials who carry out their duties with diligence and good faith according to the legislation governing their actions should not be faced with this type of legal action.

Sheila Copps has informed us that we can certainly say publicly that she intends to fight the suit.

The lawsuit is not going to be a slam dunk with the federal government giving the City of Hamilton millions in an out of court settlement. The Liberals are in trouble and may not be able to live up to promises and serious opposition is facing these suits.

It's obviously time to think again. This is going to be a long drawn-out battle that is going to cost Hamiltonians and Canadians a great deal of money. The staff report admits for the first time that $450,000 has been allocated by the city for legal costs of this lawsuit.

I assume the $450,000 figure comes from your outside lawyer. I recall that he told you back in 1999 that he could stop the federal assessment for $75,000, and then went on to spend $2.5 million.

This is how the game is played. Once you're in court, you can hardly tell your lawyer there's no more money. On the contrary, he can come back again and again and you've got pretty much no choice but to give him what he wants.

Councillor Collins, you've done a lot for this council in terms of common sense prioritizaion of funds.

I hear a lot of numbers going around.

I recall in the budget council axed $78,000 from the budget of the public library;

you cut $40,000 from the art gallery and $40,000 from public health; you dropped $74,000 from HECFI; and shaved $100,000 from downtown cleanliness program.

That's about $330,000.00. Add it up and it still comes to less than your budget to sue Canada. You could even have saved Aquafest and Festival of Friends, and instead you are giving more unnecessary business to lawyers.

Does this make sense?, because if it does, I'm missing it.

As a citizen of Hamilton and Canada, I'm confused, appalled and, a little ashamed that my city council is behaving in such an outrageous, and, at best, foolhardy fashion.

Thank you very much for the opportunity to speak.

6.5 Amendment to Procedural By-law 03-301 respecting the Board of Health (CL05008) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Apr20/CL05008_procedural%20by-law
%2003-301%20respecting%20Board%20of%20Health.pdf

7. STAFF PRESENTATIONS

7.1 Harassment and Discrimination Prevention Policies (HUR05005) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Apr20/HUR05005%20Harassment
%20&%20Discrimination.pdf

8. DISCUSSION ITEMS

8.1 FibreWired Services Agreement (FCS05021) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Apr20/FCS05021%20Fibrewired
%20Long-term%20Contract%20FW%20Draft5.pdf

Councillor Whitehead inquired about the process and is concerned that the wider community have an opportunity, and asked if this was a monopoly. Staff (Chris) explained that although it is not a monopoly on the market, that there are "very few, if any" providers that could have built the network in use. She further explains that although there is one other company that could build the network, their costs are "significantly higher, 3-4 times what we're paying." Joe Rinaldo (General Manager, Finance and Corporate Services) remarks that "it is a good deal for the City."

(Pearson/Bruckler) - motion Carried.

8.2 Schedule of Off-Site Council Meetings (CL05009) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Apr20/CL05009_Offsite%20
Council%20Meetings.pdf
Report recommends dates and locations of 5 upcoming Council meetings:

1. Stoney Creek, May 11, 2005 - 777 Highway #8 (former City Hall)
2. Flamborough, June 15, 2005 - 855 Millgrove Side Rd. (Millgrove Community Centre)
3. Dundas, September 14, 2005 - 60 Main St. (former town hall)
4. Ancaster, October 12, 2005 - 385 Jerseyville Rd. (Community/Rotary Centre)
5. Glanbrook, November 9, 2005 - 4280 Binbrook Rd. (former township hall)

Councillor Collins raises the concern that not all facilities are able to accommodate Cable 14, Stoney Creek being the only one, so he is uncomfortable about holding Council meetings without being able to televise them across the whole community. "I am not adverse to holding meetings in the suburban areas, it's the issue of Council meetings and not having the opportunity to air those publicly." He recalls that, because of the difficulty of televising Council meetings, that staff were requested to look at Standing Committees and/or COW meetings and others instead.

Kevin Christenson (City Clerk): "The Councillor is correct." He states that previous discussion centered around the costs and the direction from the committee was to "come back if we could find a way to accommodate these meetings taking place at the area municipalities without affecting the 2005 budget." Continuing, he says that they were able to accommodate the costs associated with the meetings. Collins remarks that he thought the directions were quite clear re Standing Committees, etc., and so he is surprised to see this schedule. Christenson says that the opportunity is still available to hold Standing Committee meetings at these facilities. Whitehead states that it was his understanding that the issue was that the broader community have access to the Cable 14 televised meetings and not on the costs. Christenson contends that records indicate it was "simply on the basis of the costs." Whitehead feels that there is a need and responsibility to serve the greater community and this will not happen when meetings are held without being televised. Christenson confirms that Cable 14 admits that the Council meetings are the "most watched event" with anywhere from 20,000 to 40,000 viewers. Councillor Bruckler is willing to support this motion on a trial basis, and wait for feedback from the community. Councillor Pearson asks about the meetings being taped for later viewing, but Christenson states that this becomes a problem for Cable 14 because of expenses such as staffing, lighting, etc. Pearson supports giving it a try, feeling it sends a message to these communities. Whitehead cannot support this motion, except for meetings being held in Stoney Creek where they can be broadcast to the entire population. Chair/Councillor Braden "thinks it would be an interesting experiment to find out how the council meeting runs if there is no TV coverage," and reminds members that it is just 5 meetings. He thinks it will be a "good experiment and .wants to move it as an experiment." Braden continues that at a town meeting last night, the biggest discussion was not on taxes but on "complete alienation due to restructuring. They've already had meetings at Queen's Park .the minister is now looking at options to de-amalgamate. Our area feels marginalized and this is a thing that this corporation can do to make them feel less marginalized." Bruckler proposes an amendment to the report :

"That we proceed with these satellite council meetings and would staff report back (after the meetings) with respect to any feedback from the community, logistical concerns related to moving these to the outlying areas."

Whitehead raises the concern of just how the "experiment" will be assessed, and asks how you assess/analyze those who, through the years, have watched council meetings, and will now be "robbed of that opportunity"? Glen Peace (City Manager) responds that the report will be based on the feedback received and not on the "speculation of those that couldn't watch it." He reminds the Committee that "this is a Council direction and we're simply responding to that." Collins : " I don't see the value in it, but I'm willing to go forward with it on a trial basis" even though he believes there are "a lot of positive aspects to televising government." Collins continues: "I think we should put more effort into holding evening budget meetings in some suburban areas. .we'd get a lot more value out of that . and garner a lot more savings and political will when it comes time to address budget issues.(this is) obviously an exercise in reaching out to other communities who may feel disenfranchised, I can understand that. I thought COW and Standing Committees would have accomplished that.in my heart I don't think it's the right direction.but I'm willing to try it."

(Bruckler/Pearson) Motion as Amended - CARRIED .

Staff to take as "direction", given from Whitehead (who is not a member of the Committee), through Collins , "that we do a full assessment of the value of this, .and (in order to address the concerns of the viewers, we) advertise the fact that we will be going outside to other communities and the (Council meeting) will not be broadcast.

8.3 Non-Union Severances 2001 to 2004 (HUR05004/FCS05047)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Apr20/HUR05004_FCS05047
%20Non-Union%20Severance.pdf

Collins wants to draw particular attention to non union employees who were "terminated without cause . nearly 30 between 2001 - 2004" and how this relates to severances, citing item #3 on page 2 (of the report) which states that non-union employees may be terminated without cause for the following reasons: (#3) "The (non-union) employee can no longer fulfill the expectations of the position." He thinks it is a management issue, and that when there is a problem with an employee which would fall under that category, the individual is offered a severance as an easy way out. Collins : "I would like to put some parameters around that aspect (#3) to ensure that the Corp. isn't disadvantaged financially. Second to that there are service implications. When we decide we are going to let someone go, . we live without that position . until the department's been able to pay back the severance. .we are living without someone performing that position, in one of the senior areas of the organization, for an extended period of almost a year to two years." Collins continues that termination without cause is a great concern because of the financial implications, and thinks there are "savings to be had". He asks for input from Staff in creating that policy and how council could become more involved "in limiting the amount of money that this corporation is paying in severances from employees who were terminated without cause."

Braden asks for ideas on how to deal with the issues raised, it needs more debate re parameters, etc. and asks for suggestions on how to go about it.

Collins agrees and says that although staff have put a lot of time into this report, it now generates more questions as to "how big this problem is and how we might tackle it." Collins : "If I were to ask for the number of employees who were "dismissed with cause", it probably rivals that 30 that we had . it might be lower, I'm not sure, so I need more information.maybe it means meeting with staff in looking to create those parameters.to insure that we're not looking at the same numbers in regards to terminations without cause where people are walking away with 18 months - 2 years worth of compensation."

Collins continues "I'm not trying to take something away from someone who is entitled to compensation under the law. There seems to be a gray area here where people are leaving because they can't fulfill their obligations and their duties as it relates to their job and so I have concerns about rewarding and compensating people who fall into that category. That has happened."

Whitehead mentions the danger and costs of lawsuits and asks for clarification from Human Resources. Catherine Graham (General Manager, Human Resources) responds that the Employment Standards Act (ESA) has requirement re notice, severance, etc. and with regards to the city's policy, 18 months is the maximum entitlement, and that would be "for a very long service employee". She also mentions that there are controls financially that should a person find employment before the 18 months is up, the severance is reduced. In reference to Whitehead 's concerns, Graham states that "we have a very strong preference to solve these matters internally because costs associated with litigation can be significant."

Collins responds that Council is not aware of just how much money is involved in paying severances, and states "This is one area where I don't think anyone knew how much money was set aside for circumstances such as the ones I outlined earlier. The fact remains that there are no parameters that govern how many employees might fall into this category. Second to that - service. Living without those positions. .domino effect related to this.handing responsibilities to someone else."

Bruckler remarks that he is not sure that he wants to get involved in dealing with the dismissal of staff members, but appreciates the information in the report.

Braden suggests and Collins agrees to work with Staff to review policy and parameters and report back.

(Bruckler/Pearson)
Motion to receive report. CARRIED

9. SUB-COMMITTEE REPORTS

9.1 Report 05-001 of the 311 Sub-Committee (Access to Municipal Non-Emergency Services)

CARRIED

10. ITEMS REFERRED FROM COUNCIL

10.1 Correspondence from the Hamilton Conservation Authority in response to Kincardine resolution re: funding to conservation authorities.

Whitehead requests that the item be referred to the Finance Committee. Agreed.

(Pearson/Collins)
Moved to receive report. CARRIED

10.2 Resolution from Public Works, Infrastructure and Environment Committee Report 05-003 - Request for Information - Court Appeals

Since Councillor Ferguson, who requested the report, is absent, Committee agreed to defer to the appropriate time when Ferguson would be present.

10.3 Request from Social and Public Health Services Committee Report 05-005 re: identifying costs to implement an employee focus program in City Departments.

Graham volunteered to investigate further and bring forward more information.

(Pearson/Bruckler) - CARRIED

13. GENERAL INFORMATION/OTHER BUSINESS

Outstanding Business List : Joe Rinaldo , advises that items "F" Consulting Costs and "O" Provincial Review of Community Re-Investment Fund were addressed during budget deliberations.

(Pearson/Bruckler)
Motion to delete from Outstanding Business List. CARRIED

Collins presents 2 items .

1. "In regards to procedures as they relate to meeting cancellations. I would like it to be noted that when meetings are cancelled, whether they are Standing Committees or Sub Committees, that the Clerk's Dept. provide a reason as to why those regularly scheduled meetings were cancelled. If it's a quorum issue, I'd like to be informed, or something other than that, it would be fine to find out."
   
   
2. Recorded Votes: "We've had a number of issues recently in regards to motions that pass either at Committee or at Council or at Committee of the Whole (COW) where votes are taken and it's only when I read the minutes later that I find that there were people who were recorded "opposed" but I don't recall hearing it during the meeting. I know it's been kind of an informal process where someone might lean over to the Clerk and suggest they be recorded as "opposed" to whatever.Procedurally, I don't think it works. I would like to ask that we now formally, if someone is going to be "opposed" or "in favour" that we be clear and end the practice of informally around people to be recorded as opposed to whatever item's before us. "Procedurally, those are the rules and we should just be following them, so I don't think it requires any motion. It should be a communication to Council."

Braden speaks on the topic of Chop Shop

"The so called Chop Shop, is apparently, still under operation, and I am speaking to members of the police, members of the very senior levels of the police, and by-law enforcement. I don't speak to Ministry of Environment and most of this is done by my assistant. But I get the calls, and remember this is a worrisome issue. There has been lots of allegations about it - armed male men guarding this property. And, you know, we didn't want to go in, and for the record, the first time it took about 4 years to finally get this thing done. And that's not to particularly blame any individual that we know. It's a matter of frustration that somehow our services, including a provincial agency, don't work together. But just in the last week, we've had trucks going in late at night, a float, so that's the trailer that carries the bulldozer, parked across the laneway so that if you wanted to go in you couldn't, the machine going all day. Yesterday, what I call the "sucker" truck, you know the kind of vacuum truck that sucks things out, well, we got a problem with that trucking outfit over on highway 6. Yesterday he's got 2 trucks in on this property. Well, the concern in the community is not that what's going on there is illegal and they're dealing with stolen parts. It's what's being buried. The issue has always been the environment, not just the criminal, because the water is the thing that's so, we're not paranoid about it, it's fundamental to our being able to live there."

"I raise this issue so that everyone, including the press, can hear, that collectively, we need to somehow get our own forces to be able to cooperate and be much more effective. So I raise it, and I left a message for (Police Chief Brian) Mullan last night, in the middle of the night. We gotta get on this. I'm sure they have to be strategic in how they do it, but simply knowing we're gonna charge this guy once or twice, it appears on the record. Most people when you fine them, give them a speeding ticket, they curtail their behaviour. It doesn't look like any behaviour's being curtailed here."

"I want this corporation to focus and get on this thing, because it makes a mockery of our idea about people being safe and, you now, carrying on things honestly. It's not happening and it's a real threat to our community."

"So that's my "New Information". I'm not taking it out on yourself. I'm saying, look, people need to know that the police are there to protect us, and in fact it's not happening. And by law, whatever they're doing, I don't believe it's effective. So I leave that on the table and I hope that our staff - City Manager's not here - that Joe ( Rinaldo ) and Catherine ( Graham ) you will make sure that this is a most serious matter and it needs some focus."

"That's my venting for the morning under General Information."

Bruckler : "Is your public information also a further alert to the Ministry of the Environment because you mention the word environment. Braden : "One should never really admit this, but I think we just admit that they're just not coming to the table. I mean, this is a serious thing and I can entertain you with bad stories about even the justice system, but everybody's letting us down here."

Collins : (starts without mic on) ".put a resolution from the Council to ask the Ministry to intervene officially, instead of, you know, informal phone calls that are supposed to work, but if they don't work, then something more formal should take place. I'm quite willing to put a motion forward that the City ask the Ministry to investigate. If you provide the address of the property, the soil conditions, or whatever falls under their umbrella of legislature."

Braden : "If I could ask one of you members of the Committee to put forward that motion, then I have the right to take it to Council. So Councillor Pearson [Collins], certainly I can review that language with you. It can go to Council and then we can deal with it and then it might be able to get the kinda broader focus that I would like it to get.

Collins : "It's probably best, if we're going to be working on this afterwards, that you bring it straight to Council."

Braden : "And not give it to this Committee?"

Collins : "Well, I mean, we don't know the address, the property, we really don't know the wording. I think it's a little unfair. Braden : "Ok. Along as, I don't want it to be considered a new motion. I want to be sure we can do it there. Can we do it there, straight off? (Off mic someone responds.) Yes, ok, I'll take your advice on that."

(Pearson/Collins)
To go in camera. CARRIED

14. PRIVATE AND CONFIDENTIAL

14.1 Ontario Health Premium - Status Report (HUR05006) (City Wide)

14.2  Canadian Union of Public Employees Local 1041 Memorandum of Agreement (HUR05007) (City Wide)