November 16/05 Report
Start time: 9:35 a.m.

Attendance:

• Councillor Braden (Chair),
• Councillor Bruckler,
• Councillor Ferguson,
• Councillor Pearson,
• Councillor Samson,
• Councillor Collins (in 9:46 )

Also present:

• G. Peace - City Manager
• C. Graham - General Manager, Human Resources
• K. Christenson - City Clerk
• J. Rinaldo - General Manager, Finance & Corporate Services
• C. Biggs - Legislative Assistant

Media :

• Hamilton Spectator (Mcintyre)

CATCH:(Joan)

CHANGES TO AGENDA

Added as Item 8.4
Additional report re: City of Hamilton $25,000,000 Serial Debentures dated November 30, 2005 , maturing November 30, 2006 -2017
(FCS05127) (City Wide)

5. CONSENT ITEMS

5.1 FOI Quarterly Report (July 1 to September 30, 2005) (CL05017) (City Wide)

Bruckler : FOI report - are names of those requesting FOI available

Christenson : - not available without consent of applicant

Bruckler : Statistics - 10% increase in requests compared to same quarter last year - can another column be added to show number of actual hours spent to do FOI requests

Rinaldo : CMT are concerned, considerable time involved, hope to streamline requests, and are logging the time to complete requests

Christenson : - we can document the time spent on requests, sometimes staff can estimate time when request initiated and base fee on this, will appear on next report

Braden - are categories of identities requesting FOI available - and percentage in each category

Rinaldo - can provide that in reports from now o

Samson - re number of days to complete FOI - 4 th and 5 th one down (on report) 35 days - error? Staff: will investigate and correct

5.2 Authorization to Enter into Extension Agreements on Specific Properties for Payment of Property Tax Arrears (FCS05079(a)) (City Wide)(Pearson / Ferguson ) Carried

(7 min. on Consent Items)

8. DISCUSSION ITEMS

8.1 OMERS Bill 206 - Update (FCS05118) (City Wide)

(From Executive Summary in report:

Bill 206 will eliminate the Province's sponsorship of OMERS and establish a Sponsors Corp. consisting of employee and employer representatives - allows this corporation to introduce supplementary plans which could result in a large financial impact to municipalities whose only source of funding these added costs would be through tax increases and/ or program cuts - employees would be affected through increased contributions and through increases in residential taxes. Employer groups concerned that the province is rushing to reform one of the largest pension plans without fully understanding the potential repercussions of its proposed changes.)

Rinaldo : Council has already endorsed the resolution, so recommend report be received.

- Alberta has decided to go against this approach, but British Columbia has decided to go for this option. "Believes that in the long run this is going to cost our taxpayers more money."

( Pearson / Bruckler )

To receive the report . Carried

8.2 Human Resources Strategy - 2005 Update (HUR05018) (City Wide)

Graham : - refers to p. 4 of report which highlights 12 achievements during the last year and "advances the organization as it relates to the Human Resource Strategy and our success with attracting and retaining employees" and the report outlines proposed measures of progress.

Ferguson : "The employees survey - what's the focus - when it's done, what do you anticipate to get out of it?"

Graham : good information from a much broader base of employees - survey will be structured around the strategy - e.g. assessing whether people believe they are in a respectful supportive workplace - access to training that's appropriate for them to do their current job and to advance - leadership opportunities .a wide range of things - limited to city employees -- "hope to administer the survey in the first quarter of next year ."

Samson : asks for percentage of turnover of employees, excluding partime/summer help

Graham - this is provided in annual report, but will provide it separately - "in the range of about 6% of regular full time workforce"

Samson : - how does it compare with comparable organizations - the 6%

Graham : - (we) do comparisons and "it compares reasonably well" - names some businesses, etc. with which comparisons were made

Braden : - refers to p. 8 of report in regards to 'triple bottom line' commitment (on this page of report, community, environment and economic implications are evaluated by a check mark in either a "yes" box or "no" box; environment has a "no" check marked) and he "finds it particularly under whelming and the reason that I do is that if you skip 2 pages further, under (e) it says 'employees receive support, information and training to cope with, and understand change in the workplace.'

Braden states that "the approach of using triple bottom line isn't really a new attitude and new direction of this particular corporation, and I'm wondering, if the staff get that kind of support, if this is the model (check marks in boxes) we're going to use to assess these kinds of things, cause I think the issue which you are talking about is most important and I think that p. 8 really doesn't do you justice for your efforts. I want to know if this page is adequate to, in a way, measure from the triple bottom line, the efforts that you're making." Braden asks Graham to comment.

Graham replies that the difficulty is "we're directed to assess the impact of this report against those 3 criteria" and refers to it as a new format and asks for more time "to get better at doing the kind of analysis that you're talking about" and refers to Braden 's input as "useful for us, that you don't feel it's doing us justice in terms of the work that's actually done. To be perfectly honest, I didn't make the connection between the training that will be available against triple bottom line, in terms of the environmental impact and I think we thought that it would be hard to make an argument that Human Resources Strategy was going to have an environmental impact directly."

Braden responds that he is "being less critical than he could, cause I want to move forward there. I guess, simply, I suggest, this isn't about checking out boxes. This is about a much more significant and less superficial activity and I hope that's well understood. Thank you."

( Bruckler / Pearson ) Carried

(Time on this item 18 minutes)

8.3 Grants Sub-Committee Report 05-006 - November 10, 2005

(Report distributed at meeting.)

( Pearson / Ferguson ) - no comments - Carried

8.4 (added to Agenda)

City of Hamilton $25,000,000 Serial Debentures dated November 30, 2005 , maturing November 30, 2006 -2017 (FCS05127) (City Wide)

Rinaldo reports that the $25,000,000 has been invested, very favourably (4.53%) for 12 years. "The proceeds of the $25 million debenture will, fully or partially, fund water or wastewater projects, Red Hill Creek, roads and other capital projects."

Bruckler asks question off mic. Rinaldo reports about the length of the time (12 years) and explains the reason for this term instead of 15 years ("reluctant market"). "We're pretty close to budget, within $100,000 of budget."

( Ferguson / Collins )

To receive the report . Carried

9. MOTIONS

9.1 (added to agenda)

"That an Interviewing Committee composed of any three members of the Corporate Administration Committee be established for the purpose of conducting citizen interviews and making recommendations to fill vacancies, as necessary, on the Volunteer Committees which report to the Corporate Administration Committee."

Bruckler : - some of the volunteers' terms on sub-committees are ending - this motion is to set up an Interviewing Committee - can be any 3 members of the Corporate Administration Committee - as explained by C. Biggs , the three members would serve on a rotating basis, not the same three each time, but simply whoever is available when needed.

( Bruckler / Pearson ) Carried

11. GENERAL INFORMATION/OTHER BUSINESS

· Ferguson requests $5000 from Contingency Fund for the 91 st Highlanders Athletic Association for putting on an indoor track and field meet (their 96 th year).
- HECFI has increased the rent significantly this year, event is coming up quickly and they need a decision - "this is a short term fix - a lot will depend on what happens on Dec. 15 th around the Commonwealth Games." The $5000 "will tide them over until next year. That will be the balance of the $5000 in the fund."

Samson : the key point for him is the focus on youth - quite possible that someone in this meet will be participating in the Commonwealth Games

Bruckler supports Ferguson 's motion and confirms that the organization did appear before the HECFI Board requesting a further reduction of the rent, although they were already receiving a preferred rent . HECFI couldn't keep reducing the rates and still "achieve their mandate."

· Ferguson inquires about the funding for groups that used to receive funding from bingo . - businesses have now switched to "slots" and asks Rinaldo if he is preparing a report, through Social and Community Services, to show that change.

Rinaldo does not know of a report.

Ferguson thinks there are between 20-30 agencies affected by lack of funding from bingo.

Rinaldo replies that this is now the responsibility of Planning and Development Committee, but he can prepare a report showing trends. When Ferguson asks if there is information on how much money has been received by these organizations through bingo, Rinaldo replies "I believe we do . and can certainly provide you that information."

Ferguson would like to see a "report/graph to show the trends - where is it going."

· Collins : - in regards to HECFI's budget for 2005 - 3rd quarter update shows $600,000 below their target - have they made progress through the last quarter? What implications are there for 2006? - concern about the size of the deficit, "which is one of the largest I've seen in my time here", and "what is the go-forward plan to ensure that doesn't happen for 2006?" - requests a presentation within the next 3-4 weeks - would like to "have a discussion about where we are going with that and how that deficit is funded"

Rinaldo : - will ask HECFI to come to next meeting - their ability to fund the deficit this year is probably negative - will recommend that the "deficit be absorbed in our operations, and will effect our overall surplus" - HECFI has no reserves

Collins : "We're still in a positive position?"

Rinaldo : "Overall we are, but we factored in, we made the assumption that we would have to finance that shortfall."

Collins : "That size - of the 3 rd quarter size?"

Rinaldo : "Based on the projection that they provided us, we built it in to the variance report which you got last cycle."

Bruckler - it is a concern - summer months not helpful for HECFI operations - asked HECFI to have more "aggressive plan" for 2006 - he will take Collins request to the HECFI Board

11.1 Outstanding Business Item M - Resolution from Niagara-on-the-Lake respecting Property Assessments (Due Date: September 21, 2005 ) (No Copy)

Rinaldo : - Niagara on the Lake 's resolution is that assessments be frozen for 5 years, and subsequent to that, the increase be 2% -

( Hamilton ) Council's always chosen to average assessment over 3 years, "freezing assessments for a period of time only exacerbates the problem - recommend resolution be received and Item M be removed from Outstanding Business.

Bruckler / Pearson

To receive - Carried

11.2 Outstanding Business Item T - Correspondence from the City of Toronto respecting 2005 Heads and Beds Levy on Institutions under s.323 of the Municipal Act 2001 (Due Date: September 21, 2005) (No Copy)

(End of side A, tape 1 - side B picks up with Rinaldo speaking)

Rinaldo : ". the amount of revenues we collect from our largest single employer is almost criminal. I know, Cathy's going to tell me I shouldn't use that word either, but I think it is, quite frankly. It's unfair for a municipality that has a lot of health care systems, our university, our tax revenues, in terms of the services that we provide for those facilities, it just does not recover our costs and I think it's unreasonable for the province to have frozen the rates for the last 20 years.

Bruckler asks that staff report back on any changes to keep committee current on this issue.

Rinaldo - raises the issue with the province every time they meet - will watch next provincial budget

Samson/ Pearson

To remove from Outstanding Business Item T - Carried

· Collins: - Toronto Mayor Miller's initiative with the province, asking for increasing powers to run their city in all sectors, is Toronto specific - asks if staff has reviewed Toronto requests and if Hamilton should be asking for the same in regards to some of Hamilton's problems e.g. health and social services related, infrastructure, etc.

Rinaldo : - aware Toronto is asking for their own legislation outside the municipal act - if other cities become involved, Hamilton should consider being a part of that - presently just Toronto because of its size, complexities, etc. - it is being monitored and will provide an update

· Braden : There's a peak oil report, through someone on staff, that we hope to have before budget starts. We've brought this up a number of times. We've hired a person, perhaps a consultant. Can you Joe ( Rinaldo ) give us an update of when you think we'll be seeing the draft or seeing the report. I think time is running short.

Rinaldo : - will send an email to all members of council and give an update on the status of that report - not sure what the status is right now.

Braden : Thank you very much.

· Braden: Another issue, and I asked for Kevin ( Christenson ) to be here. When we go "in camera", it's difficult for me to know who often should be there. It's obvious that I think, well I don't mean obvious; it's my impression that we have to have by our procedures, a member of the clerk's office. But above and beyond that, how is it determined who comes and who doesn't? And not to be personal, but to give you an example, Mario (Joannette) has just joined us. I need to know if people such as that, who are not, I don't think, members of CMT (Corporate Management Team), are invited to 'in camera' meetings and how it's done, so without being personal, we just need a procedure so that we understand how that procedure works.

Peace: You are correct. Mario's a staff member of the mayor's office and the decision of his attendance would likely lie with the mayor. For the staff that are under certainly my jurisdiction, that results as Kevin and I discuss the appropriateness of what staff should be here in order to facilitate any questions that council might have. And you'll know in the past we have a tendency to reduce the numbers of staff here as we go 'in camera' and we try to keep it to the bare minimum. And you are correct: there has to be a member of the clerk's office in attendance.

Braden : Are you saying that with regard to the individual that I mentioned, the mayor decides who comes to represent him, but you decide on everybody else?

Peace : That's correct.

Braden : That's correct? That's what the procedures say?

Peace : Um - that's been our practice. I have no jurisdiction over staff within the mayor's office, simply other staff, and Kevin and I have constantly had discussions and made determinations who it is that's appropriate and at the end it's my call.

Braden : Okay, thank you.

Collins : From that then I would assume that our own executive assistants, in our absence, could attend to receive any information then, based on that.

Braden : It would seem like that would be rational, but that would be our interpretation. (pause) Did you hear the comment Mr. Manager?

Peace : I did. Those are city employees and the answer is no, they would not be entitled to be here.

Collins : Well, if I hired someone contractually in my office, then they would be allowed to attend the meeting?

Peace : They would need to have direction from the clerk on that particular matter.

Braden : I don't want to speak for the committee, but I think maybe there's an issue here - (interrupted by Collins )

Collins : It's a good question. It's a good question in my mind. If I wasn't here, or for some reason I couldn't attend the meeting, and I needed someone here in my stead to gain whatever information was being discussed 'in camera' and if it works in one office, it works in all offices. I'm not sure whether your employment status as a contract employee or a permanent FTE has any bearing on someone's, um -(pause) - well - I think we need some discussion on this and maybe - (interrupted by Peace )

Peace : I understand the point. I'll get clarification. I'll discuss it with the clerk.

Braden : Good

Christenson : May I just add, Mr. Chairman, that it's at the discretion of the committee anytime as well, by majority vote, who they choose to have 'in camera', as well. Should keep that in mind.

Braden : Okay.

(Time on all items under #11 - 20 min.)

ADJOURNMENT 10:30 a.m.