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September 7/05 Report
Start time: 9:35 a.m. Start In Camera: 10.30 a.m.
Attendance:
- Councillor D. Braden, (Chair)
- Councillor P. Bruckler
- Councillor C. Collins
- Councillor M. Ferguson
- Councillor M. Pearson
- Councillor A. Samson (Vice Chair)
Also Present:
- Mayor DiIanni,
- G. Peace - City Manager,
- C. Graham - General Manager, Human Resources,
- P. Barkwell - City Solicitor,
- G. Boychuk - Chief Investment Officer,
- L. Friday - Director Taxation,
- K. Christenson - City Clerk,
- C. Biggs - Clerk's Office
Media:
CATCH: Roberts & Hoage
1. CHANGES TO AGENDA
(Bruckler/Samson) CARRIED
Item 9.2 on Agenda withdrawn - Report 05-001 of the Peer Print Review Sub-Committee met yesterday (Sep. 6/05) and as a result there is no report to be distributed.
At the special meeting of Committee of the Whole, September 1, 2005, there was an item respecting the allocation of Emergency Funds (Policy 11), which was referred to this committee for consideration. This matter can be discussed under either General Information or Other Business.
2. DECLARATIONS OF INTEREST
Councillor Ferguson declared a conflict on:
- Item 6.1, reference #PW-05-21(HW) Dufferin Construction
- Item 6.2, reference PO24722 & PO25492 Crossroads Equipment
6. CONSENT ITEMS
6.1 Monthly Status Report of Tenders and Requests for Proposals for June and July, 2005 (FCS05023(e)) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Sep07/Sep07-FCS05023(e).pdf
Reference C10-16-05
Councillor Samson (for Dundas) questions "why had people who had tendered for this before not given the consideration of letting them know that this was happening again, and perhaps have been sent the package?" Joe Rinaldo said he would find out and send all an email as to why this happened. Samson states that this particular project is unusual, and maybe should have been dealt with differently. Rinaldo said that a sub-committee has been set up by council to review this entire process. Rick Male (Staff): Advertising is done, but it is not normal to call the business who handled this previously to let them know it is being tendered again. It would have to have been noticed by staff.
Reference PW05-07(HSW) Closing date for this project was August 26, 2005 and Samson question if this particular contract has been assigned and "is there any chance of it not going ahead?" Rinaldo : "Certainly not from our point of view, and we'll provide you with that information in a memorandum."
Reference C11-91-05 Tender for continuous waste removal services from Hamilton Community Recycling Centres.
Chair/Councillor Braden about the relationship, if any, between energy costs and scrap metal costs. "If energy goes up quickly, do we assume that the value from scrap metals also increases faster than normal? . presumably all those guys get to keep all the scrap metals costs, and if they do, that value of scrap metal goes up faster than the pric of energy, we should know that." Rinaldo says that the those tendering would factor in the energy cost and what they anticipate they would get for that scrap metal and we would accept the lowest bid. . "It would be more a function of them doing it than us."
Reference C11-112-05 Tender for the Supply and Delivery of Sixteen (16) Mid-size, four door cars.
Since the cost of energy has increased 60% in the last 2 weeks, will staff be considering this when evaluating the purchase of cars, or because the process has started, will the criteria remain the same. Rinaldo says he has recently discussed this with the City Manager to see if they can downsize some of the vehicles to something more fuel efficient, recognizing the increase in cost of fuel, and will be reviewing with Scott Stewart (Public Works) and other department. Braden asks what it would take to put more emphasis on this discussion. Rinaldo answers that getting direction from Council is always very beneficial, making "staff aware that council's given us that direction." Bruckler states that equally important to the specifications is the view of alternate powered vehicles. Rinaldo says he had a discussion with Glen Peace and they are looking at hybrids and are doing a review of the fleets to see they can be downsized and become more fuel efficient. Councillor Ferguson: Suggests during the review they consider doing what the police department does, buying their unmarked year old cars from a lease return thereby "reducing the cost of upwards of 20% of the depreciated value, and they are relatively small and not a lot of mileage."
6.2 Quarterly Status Report on Use of Policy #10 - Emergency Purchasing Policy and Policy #11 - Negotiations for the 2 nd Quarter 2005 (FCS05046(a)) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Sep07/Sep07-FCS05046(a).pdf
6.3 By-law for the Appointment of Deputy Treasurers (FCS05091) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Sep07/Sep07-FCS05091.pdf
6.4 Apportionment of Taxes Pursuant to Section 356 of the Municipal Act, 2001, S.O. 2001, c.25 (FCS05081(a))
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Sep07/Sep07-FCS05081A.pdf
6.5 AccuVote Lease Agreement (FCS05101) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Sep07/Sep07-FCS05101.pdf
6.6 Red Hill Valley Project Financial Status Report (FCS05027e/PW05023e)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Sep07/Sep07-FCS05027e%20PW05023e.pdf
Pearson/Bruckler
All Consent items CARRIED without further discussion.
8. DISCUSSION ITEMS
8.1 Proposed Write-offs of Outstanding Fines Related to Provincial Offences and Parking Violations (FCS05089/PED05088) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Sep07/Sep07-FCS05089_%20PED005088.pdf
(Pearson/Collins) CARRIED with addition of "friendly direction" (see below)
Councillor Bruckler asks if we're writing off older files transferred from the province to municipalities from 1997 on, would the future report show a decrease in amounts to be written off with the elimination of older files? Rinaldo : There is a backlog of fines (since 1997) and recently he has seen a proposal from Mississauga to the province to appoint more JP's in order to adjudicate more claims. He admits Hamilton as well as other cities across Ontario are having difficulties collecting Provincial Offences Act (POA) fines. Samson asks "is there (driver's) license application?" Rinaldo confirms that yes, there is, but in spite of that there are collection issues. To Samson 's query about these numbers of people driving without a license, Christenson answers that yes they are, and explains how the process works and that people do all kinds of things to avoid being caught in their "net" and after awhile the "trail goes cold."
Braden asks for a friendly direction to be added to the motion, that the amount to be written off, $755,231.51 be included in the motion, to be part of the record.
8.2 Proposed Changes to the Municipal Act regarding Investment, Debt Issuance and Other (FCS05092) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Sep07/Sep07-FCS05092.pdf
(Ferguson/Pearson) CARRIED
Item 2: "Energy sector derivatives and futures contracts for general commodity hedging." Rinaldo points out that this makes it clear that the city has the authority to enter into contracts to buy energy. Presently, in the Municipal Act, in the strictest sense, "we are clearly not eligible to do that". If the province chooses to go ahead with this change, Hamilton council would "review our investment policies to consider whether or not we want to get in there".
8.3 Payment Proposal - 350 Wentworth Street North (FCS05094) (City Wide, Ward 3)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Sep07/Sep07-Agenda%2005-012.pdf
(Ferguson/Bruckler) CARRIED
Rinaldo informed the Committee that Appendix "A" of the report contains a list of all brownfields and action that has been taken .
Ferguson asks for total number of acres and a map showing where brownfields are. Staff will get the information. Braden draws attention to the last property on the list located at 1633 High 6 North, mentions it is complicated, and that it looks as if "in spite of our efforts we're not getting anywhere (refers to notes in the report). He asks if there is something to be done to bring a conclusion to this. "It seems to me that if you milk the system properly, you get to operate without paying taxes. You get to continue to pollute and it is very unfair advantage to those that are playing by the rules, and this guy's not playing by the rules. . it's a big problem." L. Friday: We are in discussion with the Planning Dept. and the Real Estate Dept. on how we're going to approach this particular property. There are many issues and complexities - 2 houses on property - also going to have a meeting with the Halton Conservation Authority who has serious concerns about this property. We may need further direction from Council or CMT (Corporate Management Team).
8.4 Sale of 249 Hess Street North (FCS05097) (City Wide, Ward 2)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Sep07/Sep07-FCS05097.pdf
(Collins/Samson) CARRIED
Councillor Collins refers to the report and notes there is a 90 day clean up period from the Ministry of the Environment, and also that there's an outstanding issue with the "Setting Sail" interim by-law, and asks "Does the cleanup happen after the OMB issues are dealt with or does the cleanup happen regardless of what happens?" L. Friday : "We're asking that the cleanup happen regardless, we want those buildings down and the site secured because it's a real nightmare down there. Staff also says that the purchaser is in agreement with that." Rinaldo adds that they have been "aggressively trying to resolve properties with outstanding tax arrears over the last few years."
8.5 Summer Student Exit Survey Findings 2004 (HUR05014) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Sep07/Sep07-HUR05014.pdf
(Collins/Samson) CARRIED
Councillor Ferguson asks Catherine Graham to "summarize in one sentence what you got out of this?" Graham : "Very positive results of how summer students describe their experience with us and some areas of deficit where we know we need to do some remedial work which we're undertaking." Ferguson asks about opportunity of apprenticeship and future employment from the students who are leaving. Graham answers that summer students do return over a number of summers. Staff are in the process of developing an apprenticeship program but not sure there will be a link between summer students and apprenticeship programs. Graham continues, that using the results and complaints from last year's summer students, they are being diligent with supervisors and lead hands responsible for students and recognize this needs improvement, and "have done some very targeted remedial work" with these groups of employees. There will be a "tune up" every year with the supervisors and lead hands. Graham also stated that everybody is going through training and information sessions regarding the new harassment and discrimination policies to make sure there's a good understanding. Mayor DiIanni told about a international co-op student organization that tries to line up opportunities around the world and asked that this project be considered for employment in the Hamilton community . The City could employ international students in apprenticeships or summer jobs and as an exchange Hamilton students would be able to go to other countries on the same basis. According to Graham , there have not been any international students hired as yet. The deadline for recruitment each year is January 31.
8.6 Employment of Relatives Policy (HUR05017) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Sep07/Sep07-HUR05017.pdf
(Collins/Ferguson) CARRIED (no discussion)
9. SUB-COMMITTEE REPORTS
9.1 Report 05-001 of the Governance Review Sub-Committee
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Sep07/Sep07-Item%209.1.pdf
(Collins/Ferguson) CARRIED
Item 1 Employment of Council Relatives Policy (refer Item 8 .6 above)
(Ferguson/Collins) CARRIED
Item 2 2005 Volunteer Committee Budget Review and 2006 Funding Strategy
9.2 Withdrawn) Report 05-001 of the Peer Print Review Sub-Committee (Report to be distributed.)
10. ITEMS REFERRED FROM COUNCIL
10.1 Resolution from the Corp. of the City of Clarence-Rockland respecting Borrowing Capacity
(Note : Referred by Council on August 13, 2005.)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Sep07/Sep07-Item%2010.1.pdf
(Collins/Pearson) Moved to receive.
Rinaldo explains that small municipalities in Ontario have a lot of problems with their debt capacity because in some cases only 10% of their revenue comes from local taxation, so as a result 25% isn't necessary for us, as Hamilton is at 5%. This resolution is not really affecting us, but it's a problem the province has to deal with in regard to small municipalities. "We have not recommended support of this resolution."
13. GENERAL INFORMATION/OTHER BUSINESS
(Ferguson/Collins) Moved to receive and no action to be taken. CARRIED
Recommendations of the Toronto Election Finance Review Task Force
(Note: Tabled by the Corporate Administration Committee on January 19, 2005 - CAC Outstanding Business List Item I)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
corporate-administration/2005/Sep07/Sep07-Item%2013.1.pdf
Ferguson : "Are we saying now that the '06 election proceed as norm as in other years? Is it too late to change it?" Christenson: "There will be a decision coming down from the province in the next month or two, on the basis of what Toronto submitted as recommendations and on the basis of what we supported and sent on to the ministry as well. In terms of any further changes before the next election takes place on anything you want to do now, it's out of the question - the timing just doesn't allow it. It will probably be implemented for the 2009 election." Ferguson : "When is the last date we could make those changes." Christenson: "March of this year (2005) was the deadline for 2006, so the deadline for the next election would be March 2008. "
Braden : "Just for the record, even though we've passed the deadline, I think if we see a need to change it . and if there's something that we would want to get on the table early, that we need other communities support for, that might take 3 years to get that."
Other Business
1. (Collins/Samson) CARRIED
Collins asks staff to look at the issue in regards to employees who are paid for stand-by , to determine is we are paying them to be on stand-by when their services may not be required over the calendar year. Motion to have this item added to the "Outstanding List"
2 . Ferguson mentions the request of some councillors for a mailing to communicate with their constituents regarding the flooding (July 26 and August 19), so the councillors have made requests from the contingency fund . Is that request coming? Response from C. Biggs - unheard - no mic. Ferguson "assumes it will come up later on."
3 . Ferguson has a request for the City's Tsunami Committee as he has heard from churches and people in his constituency who would like to offer their homes for the flooding victims in the southern U. S. He requests some logistics on how we would pursue that. It's not just cash, but also offering homes, etc.
(Ferguson/Bruckler) Direction is to refer it to the Sub-Committee
Ferguson is interested in a time-line for doing this - "sooner rather than later". Mayor DiIanni states they are in the process of lining up a meeting. Mayor says that an account has been set up, have been in touch with the Red Cross, and emergency services people have an inventory of skills and people who might be able to assist if indeed we are asked to do that. Peace reveals that the Red Cross would like the money to go directly to them. He continues: "Emergency Services have been in contact with the provincial government. They have asked that everything be coordinated through Mr. Fantino's office. Mr. Kay and staff have a number of teams ready to go.they have asked us just to be on standby and that they are going to utilize U.S. emergency services on the first round. He will take ( Ferguson 's) direction and start to investigate opportunities. Ferguson : "I was thinking more along the lines of providing homes here as opposed to going down there."
END OF SIDE A, TAPE 1
Tape picks up on discussion of request to use Emergency Fund (Constituency) for mailing of communication to constituents re August 19 storm - (referred from September 1, 2005 Committee of the Whole)
".( Braden ) so I think this is more a communication, rather than paying money to fix things. Ferguson : "the way you read it, we're going to drain the cookie jar in one fell swoop. Does anybody have a cost guestimate? . We had "25", are we going to need it all?" Rinaldo : "As far as I know, we have 25,000 still there." Peace : ". I was asked to work with Corporate Communications to come up with some alternatives, so I'm doing that now and will report back soon as possible, if we can find some alternatives rather than a general mailing." Councillor Pearson appreciates that clarification because "we know there's not going to be enough money - just to mail a newsletter to one ward, it will wipe out that account."
5. Collins : " On the issue of fuel since we have received some quarterly updates on where we sit with our variance reports. Understanding the recent spike in fuel costs, can we get an update during the next couple weeks on operations and how we might look at mitigating some of those issues." Rinaldo : "We are in the process of developing a forecast, using August 31 as a deadline. . and I'll give you an update on where we are in terms of fuel costs."
14. PRIVATE AND CONFIDENTIAL Motion to go In Camera CARRIED
(Ferguson/Pearson)
14.1 Labour Negotiations - Verbal Update
ADJOURNMENT
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