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May 4/05 Report
Start time: 9:37 a.m. Adjournment: 10:50 a.m.
Attendance:
- Councillor D. Braden, (Chair)
- Councillor P . Bruckler
- Councillor C. Collins (left meeting after 12 min.)
- Councillor M. Ferguson
- Councillor M. Pearson
- Councillor A. Samson (Vice Chair)
Also Present:
- Councillor T. Whitehead
- G. Peace - City Manager
- C. Graham - General Manager, Human Resources
- P. Barkwell - City Solicitor
- G. Boychuk - Chief Investment Officer
- T. Tollis - Grants Sub-committee
- C. Biggs - Clerk's Office
Media
CATCH: Roberts
REMINDER TO COMMITTEE by email sent to all Councillors from Deputy Clerk Rose Caterini: If you wish to be recorded as "opposed" to any Committee recommendation, you must state your opposition to the Chair clearly at the time the vote is taken.
1. CHANGES TO AGENDA
Request from Stan Howarth to appear before the Committee respecting the Hamilton Citizen Satisfaction Survey commissioned by Market Probe be rescheduled to May 18, 2005 meeting of this Committee.
Item 5.1 Cat Cayuga, Project Manager, Citizen Protection Project, to present a report from Community Consultations (Approved by Committee on April 20, 2005)
Rescheduled to May 18, 2005 meeting of this Committee as members of their Board were not available for today's meeting.
Item 5.2 Mr. David Winer of Kagan Shastri, Barristers and Solicitors, respecting purchase of property at 2380 Brampton St., Hamilton (Approved by Committee on April 20,2005)
Staff has advised this issue has been resolved and therefore Mr. Winer does not need to appear before the Committee.
2. DECLARATIONS OF INTEREST
Councillor Ferguson declared conflict of interest re Tenders (item 6.1 of Consent)
5. DELEGATIONS
5.2 Mr. David Winer of Kagan Shastri, Barristers and Solicitors, respecting purchase of property at 2380 Brampton St., Hamilton. Request to appear before Committee not needed.
Councillor Bruckler asks for information and Staff responds that taxes due on this property are $859,000, and was offered $800,000. Staff felt they could get the full amount so that offer was turned down. In response Mr. Winer agreed to pay the full amount today. Staff : "They have taken control of the property. I offered him the opportunity to put in a Vacancy Rebate which will give him back about $39,000. He's satisfied with that" and so has withdrawn his request.
6. CONSENT ITEMS
6.1 Monthly Status Report of Tenders and Requests for Proposals for March, 20-05 (FCS05023(b)) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/May04/FCS05023(b)%20March
%20Tenders%20and%20Requests%20for%20Proposals.pdf
6.2 Quarterly Status Report on Use of Policy#10 - Emergency Purchasing and Policy #11 - Negotiations for the 1 st Quarter of 2005 (FCS05046) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/May04/FCS05046_1st_Quarter
_2005_Status_Report_on_use_of_Policy__10__11.pdf
Councillor Pearson inquires as to what happens when a construction company does not complete a job and tendering is requested again. "Do we entertain this customer again.?" Staff: "I believe they are excluded, but we can confirm that with you."
Councillor Collins asks if over time has there been a reduction in the use of Emergency Purchasing Policy, and if staff could provide an email that shows the trends through the last year or two. Staff will get back to him on that.
Bruckler refers to item on p. 2 of report re wood chippers and asks, because the City is sole sourcing, if the costs are still competitive. Staff (Christine) does not know at this time but will get back to Bruckler .
(Pearson/Bruckler) CARRIED
7.1 STAFF PRESENTATION
7.1 Treasurer's Report 2004 Fiscal Year by James P. Marshall (FCS05043) - Presentation by Gerald Boychuk, Chief Investment Officer.
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/May04/FCS05043%20
Treasurer's%20Report%202004%20Fiscal%20Year%20By
%20James%20P.%20Marshall.pdf
Bruckler asks about the Future Fund and mentions that he was unaware that the closing market value is listed as almost $300 million as of 2004, and "didn't realize it was that high." Boychuk responds that the $289 million includes $151.6 million which "is the imputed value to the Hamilton Utilities Corp. (HUC) shares. put on deposit within that account. They're dormant. it's not tracked. The portion of that is $137.5 million that's fixed income securities. We had to put it somewhere.it's excluded from any calculations. It stays there at the same value on deposit there."
(Ferguson/Bruckler) CARRIED
8. DISCUSSION ITEMS
8.1 Sale of 231 Gage Avenue North, Hamilton (FCS05050)
(City Wide, Ward 3)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/May04/FCS05050%
20231%20Gage%20Ave%20N%20Sale.pdf
(Pearson/Collins) CARRIED
Councillor Braden (Chair) : Mr. Friday, do you have a comment? Larry Friday (Director of Taxation) : "Yeh. Under recommendation B, it won't be Trotter's Auto Service that the deal will be done with, it will be 2070867 Ontario Inc." Braden : "Is that important.?" Friday: "I just thought it should be in the record that it's the company name that we're actually selling to."
Braden : "As amended. CARRIED."
9. SUB-COMMITTEE REPORTS
9.1 Report 05-002 of the Grants Sub-Committee - April 28, 2005
Braden asks Ferguson to justify why there is a $2400 subsidy (under A #1 in report) for green fees and golf cart rentals for Seniors Games. Ferguson defers to Roger (Staff) : ".it's in keeping with what we have done in the past for these kinds of activities". Braden continues "What's the nature of why we subsidize it?" Bruckler responds that these games are run through the City's Senior Centres, "it's almost like it were an internal program.recommendation to waive (the fees) because they are pretty well city-operated."
Whitehead questions the grant ($1500) given to the Tiger's Lair (p. 4, #5), and asks about their status such as are they non-profit, and notes that Staff did not recommend this grant. Ferguson : ".it was a political decision to give them $1500. .their ask was $5000, they had $495 last year and the reason to go to $1500 this year was purely because of the Tiger Cats in '04 and we anticipate '05.good news story for Hamilton.Tiger's Lair go to the Grey Cup festivities and in essence they represent Hamilton. They had no funding prior to doing this and that's why we recommend the $1500." Whitehead asks Staff why they were not in support of the original request and Staff responds that "the event did not meet the criteria of the grants process." Whitehead states that although he is "not going to get in the way of this particular request", the criteria were supported by Council and perhaps the criteria should be changed if we are not happy with them.
When Bruckler asks for the purpose of the grant, Staff explain "this group is representing Hamilton at the Grey Cup "in terms of exposure. That's the extent of it." Ferguson gives further explanation and mentions various groups, such as Special Events, Arts & Culture, Tourism and that each group analyzes every request so that "the Committee's job is rather insignificant as the rules are already in place.the Committee's job is to tweak it from a political . or community perspective." He notes various other requests, such as the Mustard Festival, and how some were increased, some reduced. They "did add money to the Tiger's Lair.it is private enterprise, but does the City of Hamilton accept any pride of ownership or any involvement with the Tiger Cats. .if Hamilton isn't there (at the Grey Cup) through the Tiger's Lair, would the City be embarrassed? That's the reason I recommended the $1500."
Whitehead again asks what the role of the Tiger's Lair is, as Grey Cup events have been well represented predating the Tiger's Lair. He mentions that through the budget process this year about $50,000 was cut from such things as culture and recreation, youth, and senior activities and further asks "is there any group that do meet the criteria that is not getting funding this year because there's not enough money?" Staff : "Yes.we don't have enough money to fund them all." Whitehead: "And do those groups meet the criteria?" Staff : "A lot of them do, a lot of them are new, and we normally provide seed funding for them all but there wasn't enough funds.There is a reserve that we set aside . about $30,000 that's being used on an ad hoc basis throughout the year and generally speaking that's where this is coming from." Whitehead: "Great". He continues that if Hamilton hopes to have the Grey Cup next year, he is in support of funding for the Tiger's Lair in order to have a high profile at the Grey Cup this year. He reiterates his concern was setting the criteria and then other groups being left behind who meet the criteria to appease a group that does not in fact meet the criteria.
Councillor Samson speaks in support of the grant, as long as it is considered a "one-off" and does not become an "expectation" for future years, and asks if he can give that as "direction" to the Staff, "so that we don't get into this situation again."
Ferguson : ".We gave them $495 last year, the year prior a thousand bucks. It's been ongoing for awhile. In fact, we cut them back pretty severely last year." Staff : "In my recollection, the Committee were the ones that suggested the funds.I think the staff has been consistent in their recommendations, but because of the political issue around the whole thing in having some representation for the City at the Grey Cup each year, I believe the Committee deemed it appropriate to fund them." Ferguson : ".I believe they received funding from the Grants for the last 4 years." Staff : "$725 in 2003, $500 last year (2004)."
Whitehead inquires as to how we can measure the value of what we get for the $1500 investment, other "than a free trip for a bunch of fans." Staff : "I don't think so, unless someone goes to observe the event." Whitehead states that they have received funding for 3 years and since they don't meet the Committee's criteria he wants to know what kind of assessment is taking place. Glen Peace (City Manager): "I think, if I can, just sum up what's transpired. Staff's made a recommendation. It's clearly the decision of the Committee and Council to support this iniative. I don't think it's the kind of thing that is quantifiable. So I think the decision stands by that of the Committee, or Staff will take direction, but I think we should probably at that point, end the discussion."
Braden (without relinquishing Chair): "We have criteria and we follow it, unless it's an exception, or we don't . this is a problem of expectation, we create expectation, we've done it before, we keep doing it and we don't want to close the door. I will be recorded, demonstrably, as being opposed to the one for the Senior Citizens golf and for the (Tiger's) Lair thing. .(referring to Tiger-Cats) this is a business, and I agree that it's probably the best news story Hamilton's had, but you don't have to then keep feeding it. .I want to be opposed to those things which really are beyond not only our mandate, but what we can reasonably afford." Braden notes there is a waiver in the report that indicates it does not include golf carts in funding. Staff are to clarify what is meant by "carts" before next Council meeting, as this may be included in grant requested by Seniors Games. Whitehead, after hearing from Bruckler that Hamilton is hosting Senior Games next year, endorses the report this year if golf is part of the competition, in order to "encourage the best."
(Bruckler speaks off mic.)
Braden : So, I haven't received a request for breaking it down. I'm calling for a vote on #3, incl. a, b, c, d. I have a mover and a seconder I believe. Yes, Councillor Pearson seconded. ( Pearson speaks off mic.) You're making an amendment to pull 1500 out?
Bruckler : I'm opposed to that.
Braden : I just want to know because you might not be the only one. Councillor Whitehead?
Whitehead: Why don't we pull that particular piece out and let's have a vote on that piece.
Braden : OK Let me pull that piece out and we're going to vote on the remainder of 3, not including the Tiger's Lair. Ok? So on 3, with that exclusion, all those in favour. Any opposed. (Assume motion is carried.)
Now we're gonna vote on the Tiger's Lair as a separate motion. (Clerk speaks off mic). Oh, What is it they voted down? (Clerk speaks off mic). Do we have to have a separate vote or merely by finding out if there's more than 3 opposed, how do we do this operationally? (Clerk speaks off mic) OK We're gonna have a separate vote. I need a mover and a seconder on that issue. Ferguson moves -
Ferguson : "Oh, Mr. Chair, I just want to be ??? to defer and then invite them in as a delegation to hear what - I'm sure there's more to it than what I just spit out."
Braden : "Deferral motion is non deferrable but - Do we need a seconder on a deferral motion? Yes. Councillor Pearson . All those in favour of deferring the Tiger's Lair issue and request them as a delegation. Both in the same motion? Ok . To come here. Let me see the hands clearly - (Someone speaks off mic) You can't debate the deferral but I'll take conditions or direction."
Whitehead (off mic) makes a request. Braden : "Let me just warn, we don't want too much work here, we don't want too many reports, so I need - simple direction is ok, I think when the direction gets complicated, Councillor Whitehead, that we probably would need a motion for that. All I want is to be clear so that Staff know exactly what this Committee wants."
Whitehead: "I think in fairness. if we're going to delay the decision on this thing today until they come in to do their dog and pony show, it's incumbent upon us to allow those who meet the criteria be allotted the same opportunity."
Braden : "My suggestion is if you just want a list of them, we can easily take that as 'friendly direction.' If this turns into a major issue, then I need a motion from this Committee to deal with the concerns that Councillor Whitehead has just put forward. 'Cause I want this to be clear. . We have a deferral motion on the issue of direction. Councillor Whitehead spoke. It seen to me more complicated than the earlier direction, so I only want to deal with that direction as a motion. Now I'm going back to the original deferral motion. Ok. I'm gonna call. (Clerk speaks to Braden, no mic) The Clerk has mentioned to me that I might just ask Tony (Tollis - Staff) to give me some information on how many groups and what kind of work that might involve. So for all our sakes, let's hear a response from Tony about -
Tony Tollis (Staff ): "I was just trying to review them and am guessing there's probably 25 - 30 groups that have been denied - new applicants that have been denied because of lack of funding."
Braden : "Councillor Whitehead, in fairness to you I will go back to you in terms of just providing some direction on deferral motion. It has to be simple or else it needs a separate motion."
Whitehead: "My concern is that we're going to ask a group to come in, only reason to defer is to come in to make their sales pitch. We already heard from Staff clearly (that) it's not quantitative and it doesn't meet the criteria. So I don't know what is gained by that other than to delay the process. What's important here is that the Staff has also clearly identified that there's a number of groups that provide great services that can be quantitative (Braden tries to interrupt) we're leaving them out of the ( Braden : I'm cutting this off) process."
Braden : "I only want direction. We're voting on the deferral. It's been moved and seconded. Carolyn (Biggs, Clerk) you have those names? Yes. All those in favour of the deferral? Any opposed? That Carries."
(someone speaks off mic) Braden : "Yep. I'm in hands of Committee in direction. The direction is, the Ferguson direction which is they're coming back, we accept that as being minor, and if there's change, I'm in your hands. Moved by Bruckler , seconded by Ferguson that the rest of the report be approved."
Whitehead: "Can I ask -" Braden : "Yes." Whitehead continues: "Can I go through and take a look at, pick a group out, 25 is too many. Can I go and take a look at what might be a good group to measure up so you have the contrast, this provides the same information as for Tiger Lair . what I'm asking is for one group, make a presentation so you have the contrast to understand why they can be measured vs the Tiger Lair?"
Braden : "Councillor Whitehead, I suggest you do that on your own. You work with them, and you get the information and you present it at the same time. And back to the individuals. Councillor Pearson ."
Pearson : "Just out of respect, certainly to Councillor Whitehead, as Councillor Ferguson mentioned, there is a space available to sit on the Grants Committee. Anybody who wishes to get the information can be there. A tremendous amount of work goes into this, Mr. Chairman, we all know that just by the reports that come forward. I commend Councillor Ferguson for what he's done. It is a committee that brings these recommendations forward. So I certainly think that if anybody's able to get this information can sit in on these presentations."
Braden : "Councillor Ferguson , do you have something further?" Ferguson : "Just be real clear. Staff recommend zero. It was a political decision to put in the 1500 bucks. If there's a quarrel, it's not with the Staff, it's with the Committee. Having said that, if we accept the Staff recommendation carte blanche we don't need a Council Committee to do it." Braden agrees. Councillor Whitehead: "Just in contrast, it's unfair to say that you have a Committee that does a lot of work, which they do. I respect that. This is not a question of that. This is a question of that we've asked Staff to provide criteria. For Councillor Pearson to indicate that we should carte blanche accept recommendations from the Committee is like saying we should accept recommendations from Staff. She knows on the Flamborough issue - ( Braden interrupts and talks over, Whitehead continues) that she hasn't accepted an issue with recommendations from Staff." Braden : "We don't need to get personal, we can have disagreements. We need to get the method to work . it's being deferred. Presumed it's being deferred to next meeting. (talking off mic) Guys - enough!"
10. ITEMS REFERRED FROM COUNCIL
10.1 Resolution from Public Works, Infrastructure and Environment Committee Report 05-003 - Request for Information - Court Appeals
(Note: This item was tabled at the April 20, 2005 meeting of the Committee to allow Councillor Ferguson to address this matter.)
Ferguson admits "he hasn't a clue what this is about" and he asks Peter Barkwell (City Solicitor) for assistance. Barkwell: ".arises from the Public Works, Infrastructure and Environment Committee. We were there seeking instructions on a matter that was going back for a new trial as a result of an appeal. The issue which was raised was a request for an information report with respect to the number of appeals which results from trials or hearings which the City conducts and the criteria was that we would start on January 1/01 with the New City and we would bring an information report detailing the number of trials/hearings which have been appealed and whether they were appealed by the City or the Opposite Party."
When Ferguson asks if the report is done, Barkwell replies that the report is not done but he has all of the statistics that have to be assembled and put into report form, which will take about a two hours work. Ferguson then asks "is the report going to be conclusive - is it going to tell us anything?" Barkwell : ".2 things.it will tell you that, in terms of all sorts of hearings, by that I mean civil trials and OMB (Ontario Municipal Board) work and other types of hearings, that the City has a winning record when it goes to hearings, and, that the number of appeals is fairly small."
Ferguson requests a report and Braden asks for comments and says he will take that as a motion.
Bruckler asks if the report involves "all legal transactions across the Corporation?" Barkwell : "This will deal with trials and hearings, so it will cover civil trials, .planning hearings.environmental tribunal hearings. It will not cover provincial offense act trials because the provincial Icon system will not generate statistics for us.but will include a paragraph with estimations on those, but we can't be firm on those statistics because of the Icon system."
Braden : "Councillor Ferguson , is that direction a motion?" Ferguson : "Yah. A request for the report." Braden : "Seconder Councillor Pearson . In favour - opposed? Done."
11. MOTIONS
Property Tax Increase Deferral
Ferguson provides a chart (below) that suggests how a property tax deferral program for senior citizens could be created. Most have experienced increased property taxes, some have doubled in the last 4 years. Ferguson has run this by Joe Rinaldo (Finance) and explains it by saying it is something similar to a reverse mortgage, in that the tax increases that are deferred are paid when the house is sold or transferred, along with accrued interest at prime plus 1%.
 Whitehead commends Ferguson for his foresight in understanding the plight of some seniors and thinks the idea a good one and wonders about the implications when house is sold/transferred. Bruckler believes provincial legislation allows us to do this deferral effectively. He thinks it has tremendous merit which might be evident in a more detailed report. Samson points out that ¼ of the citizens of his ward (Dundas) would fall into this group - Seniors 55 and over, and says that Joe Rinaldo (Finance) has been working on this. Ferguson reminds them it is just a tax deferral, not a grant, and the only impact on the city is "cash flow, but we're getting prime plus 1% on the deferred amount. It's not a giveaway." He says the seniors property tax has doubled in the last 4 years, "based strictly on the postal code."
(Ferguson / Bruckler )
Motion for a report on this as well as anything else to provide future direction.
Pearson asks that Staff look at 55 years plus being the right age to use and that also the maximum income be reviewed.
Motion is Carried.
13. GENERAL INFORMATION /OTHER BUSINESS
13.1 Notice from Collins read by Braden that Collins is withdrawing from the Finance and Administration Operational Review Sub-Committee. As the Sub-Committee require 3 members, Braden asks if there is anyone else who wishes to serve in this group. Two members remaining are Ferguson and Whitehead. Two voices are heard that "volunteer" Bruckler , Bruckler accepts. Carried.
13.2 Whitehead: "When does the tender or request for proposal for the City's accounts come up?" Braden : "Banking services?" Peace: ".2 more years." Whitehead asks what is the attraction for a bank to have an account like the City. Staff answer that a ".having a large customer like us enhances their corporate image." Whitehead: "Is it safe to say it is somewhat lucrative for the bank?" Staff : "They're not losing any money." Whitehead: ".when we put out the tender for the banking services that we tie in something in respect to funding or loans or something in regards to our downtown, make it easier for businesses to access capital. I don't see why we can't tie the two together and Staff can come back with a report." Whitehead gives this as a Direction.
Braden : " Staff understands this as direction. Ok."
Pearson goes back to the Deferred Tax Proposal and restates that it is just the increase in taxes that is to be deferred. Members agree.
ADJOURNMENT
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