October 5/05 Report
Start time: 9:39 a.m. Start In Camera: 10.35 a.m.

Members Present

• Councillor D. Braden (Chair)
• Councillor P. Bruckler
• Councillor C. Collins
• Councillor M. Ferguson (out 7 min.)
• Councillor M. Pearson (out 6 min.)
• Councillor A. Samson (Vice Chair)

Non-Members & Staff Present

• Councillor Whitehead
• G. Peace, City Manager
• R. Male, Director Financial Services
• J. Rinaldo, General Manager, Finance & Corporate Services
• P. Barkwell, City Solicitor
• J. Gosgnach, Manager Communications
• C. Biggs, Legislative Assistant
• K. Christenson, City Clerk

Media Present:

• CHTV
• Hamilton Spectator (McGuinness)

CATCH report by J. Roberts assisted by D. Hoage

1. CHANGES TO AGENDA

(Pearson/Ferguson) Carried

(a) Request to Appear from Tony Gabriele respecting pre-qualification for Contract C10-16-05 - Management of Hamilton Municipal Golf Courses

(b) Resolution from the Township of North Frontenac respecting obligation imposed by the Province of Ontario to fund social programs through the municipal property tax base
(Note: Referred from City Council - September 28, 2005) ( Placed under Item 11 - Other Business)

2. DECLARATIONS OF INTEREST

Councillor Ferguson declared a conflict of interest on:

CONSENT ITEMS
5.1 Monthly Status Report of Tenders and Requests for Proposals for August, 2005
Ref. No. PW05-41 Dufferin Construction
Ref. No. PW05-42 Dufferin Construction.

4. DELEGATIONS REQUESTS

Request by Tony Gabriele to appear before committee
Comments from Rick Male (Staff):

- Gabriele discussed his concerns with Manager of Purchasing, Steven Bauld

- He was informed of the formal process in place by sub-committee

- Gabriele proposal evaluated

- failed to meet the threshold of 70 out of 100 (considerably short of threshold)

- His main concern: "he thought he had been instrumental in bringing this issue to the front and encouraging Council to look at the external operations of the facilities"

- He has exercised all options at this time, except to speak to Committee

Ferguson : - not allow delegation, due process followed

Councillor Pearson : - let process follow through on what's in place now, detrimental to have him come forward

Councillor Bruckler : - concurs with colleagues, supports Ferguson 's direction

Councillor Samson : - he knew what his score was, outlined by Manager of Purchasing

Councillor Whitehead : - concurs with Committee.

Whitehead has concerns about the number of technical disqualifications - tenders not making it past the grade - asks for a report of number of candidates disqualified on technicalities compared to other jurisdictions - has seen "way too many disqualifications for minor infractions" - hears a lot of complaints.

Councillor Braden : Is there support for a report on qualifications/levels being too high?

Whitehead : City measures best practices with other communities, but doesn't do a good measurement on our tendering process. Depending on the results of the report, "we may have to shift our policy in regards to tendering to meet more of the corporate standard."

Councillor Collins : On "Outstanding List, the Purchasing Policy will be coming back for review so Whitehead 's suggestion could be incorporated into that discussion.

Joe Rinaldo : - Collins is correct - will attempt to collect some of the comparable information - may be some opportunities to be a little bit more flexible on minor deviations. Need to consult with legal - report coming shortly and will provide that additional information.

Moved to receive and deny delegation .

(Collins/Ferguson) Carried

5. CONSENT ITEMS

Item 5.1
Monthly Status Report of Tenders and Requests for Proposals for August, 2005(FCS05023(f)) (City Wide)
http://www.myhamilton.ca/NR/rdonlyres/4AFB0FD2-810A
-473A-A4BB-5A629CD184E7/0/Oct05FCS05023f.pdf

Bruckler: -asks for current information on Item C11-123-05 Proposal for Prime Consultant Services for City Hall Renovations.

Male : re-issued proposal and incorporated all addenda from previous one, closes on the (October) 14 (2005), anticipating at least 1 proposal. Contact from architectural firms indicated not enough time to submit proposal last time.

Bruckler : - is this part of the comprehensive review, considerable backlash on previous one, from industry

Rinaldo : - "Certainly it is a review. For us the issue is, in a previous tender with architects, the city did incur some additional costs on the Wentworth project. What we were trying to do was protect the city against that. In my view what we were asking was not onerous, and obviously they have a different view on it. We were asking for 5% of the contract. . it is not unreasonable to ask, but we'll see what happens in this process. We may have to revisit that at that time."

Braden : "- experience we had at Wentworth, I know a little bit about it and probably needs to be shared - significance of how we really got "hammered" is an experience we need to know so it doesn't happen again. (to Rinaldo) If it needs to be in camera, you could supply us with that information."

Item 5.2
Apportionment of Taxes - Pursuant to Section 356 of the Municipal Act, 2001, S.O. 2001, c.25for 66 Bay Street South, Hamilton (Ward 2); 62 Meadow Wood Crescent, Stoney Creek (Ward 9); 247-317 Southbrook Drive, Binbrook (Ward 11); 180 Chudleigh Street, Flamborough (Ward 15); 203 Parkside Drive, Flamborough (Ward 15)(FCS05081(b))
http://www.myhamilton.ca/NR/rdonlyres/6678F276-D5EA
-4E91-989C-6F01E26A9D55/0/Oct05FCS05081B.pdf

(Ferguson/Pearson ) CARRIED

8. DISCUSSION ITEMS

Item 8.1
2003 Remuneration and Expenses - Hamilton Utilities Corporation (FCS05112) (CityWide) - Outstanding Business Item A
http://www.myhamilton.ca/NR/rdonlyres/8316BEBB-6251
-4AAB-9C8B-2EF0719BEA25/0/Oct05FCS05112.pdf

(sound system cuts out at beginning of the discussion, then starts again with Collins speaking)

Collins : . report says that the City could ask the Province to amend the legislation to impose the same reporting requirements on other utility companies. Suggests we consider doing that - sending something to EMO to ask them to get involved as well - based on some of the high profile spending and perks coming out of Hydro One and the City of Toronto in the past, as these are public dollars, it's important to have these amounts listed on an annual basis. - checks and balances - Ask Committee to send a letter to the Province - place as an addition to this - that we request the Province to consider requiring other utilities to publish this same information on their organization. Add as part "C".

Rinaldo : - will develop the resolution - needs clarification - can ask for public sector salary disclosure - "but you also want the same disclosure for the Board of Directors, that legislation under Municipal Act requires for members of Council."

Collins : "Should match the $100,000 list that the province requires. "

Rinaldo : - HUC (Hamilton Utilities Corp.) has told him there is no legislative requirement to publish- it is confidential information.

Collins ask if it is to be published when the list comes out?

Rinaldo : "told by Mr. Leitch he will recommend to the Board that next year, same time that we publish our public disclosure sector, that they will publish the information for their senior management team at the same time. . The Board has to approve before they do it."

Collins : ".If agreed it should be made public, why withholding information now that is readily available?"

Rinaldo raised the same question of Leitch. "Here's how he answered me - .because there's no legislative requirement to disclose this, it's a privacy issue for the employees."

Collins will deal with Brian (McHattie) Council representative on Hydro and try to release the numbers over the next week or two. "Not logical to withhold these numbers when agreed to publish in the future."

Braden : "We have an agreement 1) to receive this and 2) accept the fact the numbers will be published in the future."

Collins : "What's legally preventing us from releasing them now?"

Barkwell: - hasn't looked at this specific issue - legal issue preventing disclosure is personal privacy rights of employees, unless they have agreed to disclosure - put us in position of violating personal privacy of the act.

Braden talks off mic.

Ferguson asks for 2 week deferment so C. McHattie can be present.

(Sound system cuts out)

Samson : - why talking about '04, when this (report) is '03, and this is '05.

Rinaldo : - request was related to '03 on Outstanding list - Council requested '04 information, decision by Mr. Leitch not to provide the information, - now been asked for by Committee - should be available next week

Whitehead : - need our own legal report to us to understand what we can release - agrees with Ferguson

Collins - Merulla raised this issue - he's not here but should be invited

Braden : Approving in the report "a" & "b", deferring what would be "c"

(Ferguson said he's probably too late, but should have declared a conflict - his brother was on the Board of Directors)

(Collins/Pearson) (a & b) CARRIED, (c) deferred for 2 weeks (Ferguson abstained)

Item 8.2
Award of Tender for the Supply and Delivery of Medical and First Aid Supplies to Various City of Hamilton Departments C12-12-05 (FCS05103) (City Wide)
http://www.myhamilton.ca/NR/rdonlyres/30200FA3-
2AD0-4F53-B409-D877331F200E/0/Oct05FCS05103.pdf

(Ferguson/Bruckler)

Pearson asks if services coordinated - staff: yes they are

Whitehead refers to purchasing through a ?? scale - advantages and cost savings - requests staff to pursue.

Braden - asks about 2 nd page of report, "Due to the short time frame", questions why short time frame?

Male : - tender covered in excess of 300 items, did allow adequate amount of time, in summer staff away, recommended that tender be awarded late summer, contract expired September 1, so recommended go to the lowest submitted tendered price, rather than negotiate with the existing vendors to extend their prices to allow it to come forward for approval at Council.

Braden : "Based on this experience, 3 years from now would this be something you would issue a little bit farther in advance so there would be more time to deal with the complexity?"

Male explains they are working on a process now to make sure that when contracts expire, there will be enough time to get the supplier in place.

Braden : "I take it that is 'yes'".

Item 8.3
2006 Committee/Council Meeting Calendar (CL05016) (City Wide)
http://www.myhamilton.ca/NR/rdonlyres/905B5B46-
1AE7-49EF-8D5E-E056F0E79077/0/Oct05CL05016.pdf

(Pearson/Bruckler) CARRIED (no discussion)

Item 8.4
Report 05-005 of the Grants Sub-Committee
http://www.myhamilton.ca/NR/rdonlyres/79E1788A-354B-
4898-BE1E-A20A46B80616/0/Oct05GrantsReport05005.pdf

(Collins/Pearson) Carried

Whitehead asks what happens to the money when an applicant doesn't provide adequate information and the request is tabled? (e.g. Item 'f' in report) (Peace replies - off mic.) Whitehead then inquires that if money is not spent is there still an opportunity to pursue a grant for another organization. (sound system cuts out - response not picked up) Whitehead asks City Manager or Carmen? (staff?) to get back to him on this.

Collins (referring to item 'g' in report - recycling containers at city-sponsored special events) remarks that a policy is being established, should be in place over next 2 months, to make it mandatory that all events that receive grants use recycling containers supplied by the city, as some have refused to use the containers, such as the Peach Festival.

Item 8.5
Communication Strategy - August 19 th Rainstorm - Verbal Update (No Copy)

 (Ferguson/Samson) Carried

John Gosgnach (Staff):

- reporting on the $25,000 contingency fund, with proposal for providing property owners about the August (2005) flood, including "preventative information on how the system works". - staff evaluated many formulas including Canada Post mailing (cost about $50,000) - staff collected information to publish including property owners information, including maps, diagrams, home owner information, preventative information, health and safety, structural hazards, flood prevention tips, insurance recommendations, and the City of Hamilton claims process.

- the staff's recommendation is to use The Hamilton Spectator for delivery and will consist of a 4 newspaper-size page flyer inserted with all the newspapers and ad bags, and also be included in their Canada Post deliveries to rural residences and businesses - total circulation 208,000 pieces, cost $20,000.

Collins : - any component of the city missed?

Gosgnach - told by Spectator 98% coverage

Whitehead : - most significant area with the largest material loss in this whole city is Ward 8 - people in his ward "frustrated with risk management process" - asking for supplementary money to organize, with staff, community meetings in the hard hit areas in this ward - what's offered this morning is generic but something more additional and specific is needed in this instance - a mailing targeted to the impacted areas, not the whole ward (18,000 people) -

Peace : - process would be through this Committee - there's $25,000 - costs $20,000 to meet Council's direction - leaving $5000.

Gosgnach states that with the $5000 left, an unaddressed, 3 rd class mailer could be done

(End of side A, tape 1 - part of discussion not covered)

Ferguson suggests taking $18,000 from contingency fund, leaving $7000 to be split between Ward 4 and 8 - $3500 each - for a direct mailing.

Peace says they will find the $2000 (shortfall for mass mailing) and use $7000 - "if that's the direction ."

Peace : "I'll take that as direction." Samson states it should be a motion.

Ferguson : "I'll move that, just bear in mind when the snow falls in December and the walks aren't clean, we have no money left." . "The contingency fund is dry."

11. GENERAL INFORMATION/OTHER BUSINESS

Collins ask of staff re Accounts Payable "to what extent do we take advantage of early payments, deductions, discounts provided to the municipality." He received a complaint that the City was difficult to get payment from in a short period of time and hopes that generalization isn't true.

Rinaldo : ".have made significant improvements in that area in the last few years and aggressively attempting to do further." - will provide that information requested.

Samson : Under Outstanding Business - item S (Seniors' Tax Deferral) at next meeting?

Rinaldo states they are meeting and consulting with the Seniors Advisory Committee as well to get their input.

Added Agenda Item : Resolution from the Township of North Frontenac

Pearson mentions this resolution is limited to very small communities.

Rinaldo agrees with Pearson - addressed to small municipalities. "We've always taken the position that Social Service costs shouldn't be on the tax base."

Motion to receive
(Pearson/Ferguson)

ADJOURNMENT