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January 18/06 Report
Scheduled Start Time: 9:30 a.m. - Actual Start: 9:44 , In Camera 1 hr. 29 min., Adjourn: 1:00 p.m.
Attendance :
Councillors D. Braden, P. Bruckler, C. Collins (arrived at 10:02 ), M. Pearson, A. Samson (Chair) Absent: Councillor Ferguson (illness)
Also Present:
- Councillors T. Whitehad and M. McCarthy for in camera item only.
- G. Peace - City Manager; J. Rinaldo - Gen. Mgr. Finance & Corporate Services;
- C. Graham - Gen. Mgr. Human Resources;
- D. Logan - Dr. Employee & Labour Relations;
- P. Barkwell - City Solicitor;
- S. Stewart, Gen. Mgr. Public Works;
- L. Friday - Dir. of Taxation;
- J. Spiler - Mgr. Capital Budgets and Development;
- Kevin Christenson - City Clerk;
- Carolyn Biggs - Legislative Assistant
Media: CHML (Mann), Hamilton Spectator (McIntyre)
1. CHANGES TO THE AGENDA
(a) Requests to appear:
(i) Philip Besseling, President of Besseling Mechanical Inc. and of the Open Shop Contractors Association
(ii) Andrew Regenerus , Ontario Representative, Christian Labourers Assoc. of Canada
Respecting City of Hamilton , Union Certification - Carpenters Local 18
Carried - both added as Item 6.2
(b) Motion respecting Appointment of Citizens to the Advisory Committee for Persons with Disabilities - Added as Item 11
5. CONSENT ITEMS - No discussion. Pearson/Braden CARRIED
5.1 MonthlyStatus Report of Tenders and Requests for Proposals
for November, 2005(FCS05023(i)) (City Wide)
5.2 Red Hill Valley Project Financial Status Report
- November, 2005 (FCS06004/PW06004) (City Wide)
5.3 2006 Interim Levy and Temporary Borrowing By-laws
(FCS06005) (City Wide)
5.4 Accounts Receivable Write-Offs 2005 (FCS06006) (City Wide)
5.5 2005 Treasurer's Write-Off of Taxes after Failed
Tax Sale (FCS06008) (City Wide)
5.6 Apportionment of Taxes Pursuant to Section 356 of the Municipal Act,
2001, S.O. 2001, c.25 for various properties in Hamilton (Wards 2, 8);
Stoney Creek (Wards 10, 11); Glanbrook Ward 11); Dundas (Ward 13);
Flamborough (Ward 15)(FCS06001)
5.7 2006 Advance Payments to External Boards and Agencies
(FCS06002) (City Wide)
6. PUBLIC HEARINGS/DELEGATIONS
6.1 Power Point Presentation by Paul DeCourcy - Arts Hamilton
Received $10,000 from the 2005 contingency reserve to assist normal operations - that investment of $10,000 has had a return of $14,507.
- allowed them to implement a strategic plan, hire an Interim Executive Director (himself) - Hamilton is the 5 th largest artistic community in Ontario - Arts Hamilton policy complements Vision 2020, and the Triple Bottom Line - Mission: dedicated to serving arts of all disciplines and the community - Current Implementation: Since November, have reduced projected deficit by $19,000
Asking today for a loan of $15,000 for further strategy implementation, with repayment starting in fiscal year 06/07 of $5,000 annually, taken from the existing Community Partnership Grant of $26,800
There was some confusion about whether this is in addition to the $10,000 already received, or if it was a new request to replace the $10,000, or if it was a separate request with no connection to the previous money.
McHattie brought clarity by giving some background to the situation, stating that Council made an error in its motion on November 17, 2005 and that it would be corrected at the next council meeting. The request before committee today has no relationship to the previous grant of $10,000. It is a request for a loan of $15,000, with reimbursement to commence in Arts Hamilton fiscal year 06/07 in the amount of $5,000 from the existing Community Partnership Grant of $26,800. Kevin Christenson said that since this is a new request with no connection to the previous $10,000, then procedurally it is correct to go forward by this committee.
Motion: That the Community Partnership Program advance the amount of $15,000 be paid to Arts Hamilton. This advance be funded through the Tax Stabilization Reserve and be repaid by reducing the Community Partnership Grant to Arts Hamilton by $5000 in each of the years 2006-7-8.
Bruckler/Pearson - CARRIED
Joe Rinaldo explains that this is simply an advance on a grant and he will ask the grant committee to clarify that issue and report back and also where the process should go so that there is not this confusion in the future.
(Time of this item: 29 minutes)
6.2 City of Hamilton Union Certification - Carpenters Local 18
(see Item 12.2 - Private and Confidential)
Presentations by Philip Besseling, President of Besseling Mechanical Inc. and of the Open Shop Contractors Association (added agenda item); Andrew Regenerus, Ontario Representative, Christian Labourers' Assoc. of Canada (CLAC) (added agenda item);
Philip Besseling: - has been operating in Hamilton for 38 years - there will a briefing to staff during the in camera session to explain what happened at the Labour Board - concerned about restrictive rules and that they are bad for the city - need to mount as much pressure as possible on the carpenters' union for bringing this mess into our municipality and on the provincial government for allowing them to do so - believes contracts should be based on merit - are not anti-union - employees are represented by CLAC and welcome competition - key message is "that there has to be competition on a level playing field - not fair to restrict tendering to any one group of contractors and workers which is what has happened to the City of Hamilton" - at Labour Board meeting "2-3 employees from City of Hamilton directly employed from the carpenters' hiring hall made an application to the Labour Board to have the carpenters' union certified to be the exclusive bargaining agent for the City of Hamilton. The City did not have a fair opportunity to respond, and as a result, the Board certified the union on the basis of membership card evidence, without a vote of all affected employees - rules are technical - city had only 5 days to respond to the application - union faxed notice to a district office, not properly acted upon and proper defense not possible - city staff tried to have the board reconsider the application - rejected on basis of technicalities and not from the merits of the application - firmly believe the carpenters' union pulled a fast one on the City - took advantage of loop holes in Labour Relations Act and the good faith arrangement the City has had with the hiring hall, to impose restrictive tendering on city projects - unless city acts forcefully now, it will be signatory for life to a union that negotiates, not with the city of Hamilton but with the construction companies who are the other beneficiaries in this situation - believe the impacts will be far reaching and costly - smaller contractors no longer eligible to do the work - predict cost of construction services in Hamilton will increase because fewer contractors will be available to bid each job meaning less competition - city will become involved in costly jurisdictional disputes that are the hallmark of trade-based contracting - already evidence in Waterdown dispute . infighting has started already - Hamilton will have to waste time and money defending itself - at odds with Hamilton's 'fair wage policy' adopted last year - based on efficiency and expertise, rather than lower wages - still have an option open at the board to remove the carpenters' union - city can make an application to Labour Board to be declared a non construction employer with effect to terminate the carpenters bargaining rights - advice is to "fight these restrictions with all the effort you can muster" - suggest the following 3 things: (1) ensure that no other construction trade union can make an application for certification, using employees hired by the city from union hiring halls and take whatever actions required to protect the city against further applications; (2) retain a specialized labour law firm to provide an opinion on what avenues are available to the city to have the carpenters' bargaining rights terminated as well as provide operational advice on minimizing the impact of the certification; and (3) to adopt a resolution to petition the provincial government to change the Labour Relations Act to make it impossible for construction unions to certify municipal governments - hope we have conveyed the serious impact . on the city of Hamilton . and the need to fight it."
No discussion. "Excellent presentation- thank you" - Samson
At this time Mr. Bessling asks for permission for Jeff Piggot to also address the committee, although he has made no written application.
Samson will ask later to waive the rules.
Andrew Regenerus representing Construction Workers Local 6 of CLAC
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Hamilton based, in existence about 45 years - CLAC is all Canadian union - Local 6 represents several hundred construction workers, other locals have several hundred more - All have performed work for the City of Hamilton since late 1950's - Members and their employers live, work and pay taxes in Hamilton - Work accessible to the Carpenter's Union only means that work is closed to about 75% of Hamilton carpenters who do not belong to that union - Contribute up to about $10 million in infrastructure jobs yearly - Sub-trades are also affected - e.g. plumbers, HVAC mechanics, electricians
". we contend that the City of Hamilton should do everything in its power to limit the tendering restrictions as proposed due to the carpenters collective bargaining situation. Many workers have participated in building this City. We should continue to allow all Hamilton 's tax-paying carpenters, and for that matter, all other construction workers, to continue to perform work . tendered by the City. Thank you for the opportunity to hear our viewpoint . and hope our presentation helps shed light on the gravity of this matter for many citizens"
No questions/discussion.
Motion to receive presentations.
Pearson/Collins Carried
Collins/Braden move to waive rules to hear Jeff Piggot presentation. Carried.
Jeff Pigott: Vice President of Field Operations, Canadian Contracting Ltd. - one of the largest open shop contractors in the province - long history of construction in Hamilton - deeply concerned about the effects of the union 's action in binding the city to a construction agreement - vehemently opposed to unfair tendering practice - will not result in a fair bidding environment - city will not receive the best value for its dollar - this will decrease competition and increase cost - (gives a couple of bidding examples to illustrate his point.) the recent restrictions will no longer allow them to bid on city water and wastewater tenders, as they have done before - Hamilton cannot get the best price with restrictive tendering - "deeply concerned that I am no longer permitted to undertake work within the confines of the current restrictions" - encourage city to seek legal counsel. Appreciate the opportunity to speak to you."
No questions/discussion
Samson thanked him for a concise and informative presentation.
(Time on this item: 25 minutes)
Motion to move in Camera on item 12.1& item 12.2 for discussion. (Councillor Whitehead and McCarthy present for in camera session)
Pearson/Collins Carried
(Time in camera: 1hr. 29 min.)
Committee returns to open session, and Councillor Whitehead is speaking.
Whitehead: ". there's direction that I want to add to it, as I understand it is perfectly legal in the public forum and I ask staff right now there was an application made by the carpenters in respect to their field -
Voice off mic asks "Are you out of order?"
Whitehead remarks that "it is not in camera".
Samson: "No, I'm not going to allow you."
Whitehead: "It's a public document. All I'm asking is for is a copy of that public document ."
Samson: "You can challenge the chair, but I'm saying I'm ruling you out of order and we're moving on."
Whitehead: "I don't understand."
(some talking off mic)
Whitehead: "But Mr. Chair - but ."
Samson: "You can ask under General Information under Business, but what I'm saying is we've moved on, on 12.2 . If you want to stay around and ask under "Other Business", you can."
Whitehead: "We never had any discussion on the direction. All that was put forward was that there was a direction given in camera and there was no motion given, so I believe and ??? can correct me, I have a right to further that direction in a public forum."
Samson: "And I'm moving you haven't. o.k." So let's move back to 7.1 "
7. STAFF PRESENTATIONS
7.1 Return to Work/Work Accommodation (HUR06002) (City Wide)
Report introduced by Catherine Graham with presentation by David Logan. The information in this report provides an update on the implementation of the new Return to Work/Work Accommodation Services model, which flows from the Disability Management Program Audit in May 2004.
Report for Information only.
Time on this item: 15 min.
8. DISCUSSION ITEMS
8.1 Tax Sale of 1633 Highway 6 North, Flamborough
(FCS06009) (Ward 14, City Wide)
Recommended in report that staff be directed to execute the agreement of purchase and sale of the 17.7 acres of land to Bill Panagiotakopoulos, for $61,000. Also that the Treasurer cancel the outstanding tax arrears and that the property be declared surplus.
Five bids were received for this contaminated property, which has been operating as a scrap yard for a number of years. The land has 2 homes fronting onto Highway 6. Present owner has refused all correspondence from the City and taxes are in arrears since 1993. It is within the Greenbelt zone, with wetlands flowing toward Bronte Creek. It is registered with MOE for the storage of PCB's, plus numerous other scrap yard items, such as tires., etc. The 4 th highest bidder (above) has promised to clean up the site, plans to move into one of the homes, has a 4 year plan to address cleaning the soil, and re-plant with a selection of trees, and has also plans for an educational component for post-secondary institutions. While his purchase price is lower than the top three, his environmental clean-up and other plans are far more desirable than the top 3 bids.
Councillor Braden: Does the proponent plan to do any business activity other than the planting of the trees and perhaps the educational component?
Larry Friday answers that he plans to harvest no more than 10% of the Christmas type trees that he plants after 5 years and replace them.
Braden: Property is low and beside creek and close to a headwater, so what gets polluted there affects everything downstream. Has there been any thought about putting on a legal easement or a conservation easement so that parts of the property we think might be environmentally sensitive are affected more than they would be. This is our opportunity to do that now.
Friday responds that it hasn't been discussed but that they were in conversation with the Conservation Authority and actually hoping that they would take over the property but "due to environmental concerns they didn't want to touch it."
Braden: Sounds like the proponent is well-intentioned. Is there anything that forces him to do what he has committed himself to do?
Friday explains that once ownership is transferred to him, "it's basically out of our hands."
Rinaldo confirms what Friday states, but explains that it is governed by the planning act - zoning, etc. "He's no different than any other property owner."
Braden: He could technically renege and we couldn't sue him - correct?
Friday: He couldn't operate a scrap yard again. Once it ceases operations, he can't go in and put in another one. "The MOE will be after him if he doesn't get those tires removed. There are certain items on that property that the MOE may be our best bet as enforcement goes."
Braden: Is there any connection between the proponent and the existing owner/management. Friday answers "no".
Councillor Collins has same concern as Braden - and asks if there is anything that prevents the new owner from flipping the property and making a profit after sold to them. Also asks if there is a possibility that severance and sale of the land could take place if the severed part is not contaminated. Friday answers that because it is in the Greenbelt area, no severance can take place. Collins: Even for conservation purposes? Friday: If Conservation Authority took the property, then it could be severed. But there are 2 homes on the property and the Conservation Authority was not interested in them.
Bruckler asks about the type of zoning? Friday states it is zoned for conservation management and agriculture. He further explains that the owner is very limited in what he can do with the property because of Greenbelt legislation. "Which is why we thought it would be a very tough property to get rid of. We weren't expecting anybody to come in except a scrap dealer so it's a bonus for us."
Samson has been requested by Staff to insert this number prior to the owner's name: 1685486 Ontario Inc. c/o (owner's name) Amended - Collins/Pearson
Move to approve recommendations as amended
Braden/Pearson - Carried.
Time on this item: 6 min.
8.2 Hamilton Conservation Authority - $75,000 Grant for
Completion of Lake-land Centre (FCS06010) (City Wide)
Rinaldo recommends approval.
Collins/Pearson - Carried.
8.3 Off-Site Council Meetings (CL06001) (City Wide)
No question/discussion
Collins/Bruckler - Carried
8.4 City of Hamilton Development Charge Credits - Transition Policy regarding Spencer Creek Village (50 Hatt Street) (FCS06011) (City Wide)
Rinaldo explains he lives in the complex and therefore did not sign the report (signed by Tony Tollis). Joe Spiler is asked to speak on the report. When new Development Charges (DCs) by-law came through, the way that charges were determined was changed, but staff didn't prepare a transitional provision in the by-law for credits that transfer from one by-law to another, so when the developer decided to proceed with development, he thought he had $1.3 million in credits, but when he came back to staff, we informed him that that credit amount based on the new by-law had been reduced by about $600,000.
The report "recommends the permit issuance date be interpreted as the initial permit issuance date when dealing with multi-phase developments."
Spiler explains that this is the only time this has occurred up to this time - no others "on the books". Braden asks specific questions about the timing of the credits of the DC rates. Spiler states that when a builder comes in for initial building permit, he wants to know how much the DC credit will be so he can calculate a rate of return on his investment, so the amount of the credit will be fixed when he comes in for his initial building permit. Pearson asks for further clarification. Spiler informs also that there is also a limit when getting a credit for the demolition itself - up to 5 years for demolition.
Pearson/Bruckler. Carried
Time on this item: 7 min.
8.5 Employee and Family Assistance Program (HUR06000) (CityWide)
An information report. Received for Information.
8.6 Faustini Fatality - Implementation of Coroner's Inquest
Recommendations (HUR05021/PW05144) (City Wide)
Catherine Graham gives an update.
Paolo Faustini, an employee of the City of Hamilton Public Works Dept. , died of injuries sustained in a construction project accident in July 1997. Coroner's inquest was held in 2005, held up due mainly to lengthy court proceedings required to resolve charges laid by the Ministry of Labour. City pled guilty to one charge and paid fine of $240,000.
Report lists the 6 recommendations of the Coroner's Jury.
Recommendations accepted
Pearson/Collins Carried
8.6 Report 06-001 of the Grants Sub-Committee (copy distributed at meeting)
Item 1: Cactus Festival - Transfer of Services-in Kind Funding (GRA05012) (City Wide) (Item 3) Braden/Pearson - Carried
Item 2: 2005 Tabled Grants Update (Social and Public Health Services Stream) (GRA05013) (City Wide) (Item 4) various items. Collins/Braden - Carried
Item 3: Request for Advance Community partnership Program Payments (GRA05016) (City Wide) (Item 5) - Collins/Bruckler - Carried
9. MOTIONS
9.1 Added agenda item:
Motion respecting Appointment of Citizens to the Advisory Committee for Persons with Disabilities
"That the following citizens be appointed to the Advisory Committee for Persons with Disabilities: Sandi Bell, Margaret Metson, Robert Semkow, Aznive Mallett, Kim Nolan, Marlene Thomas.
Collins/Pearson - Carried.
11. GENERAL INFORMATION/OTHER BUSINESS
Whitehead: In addition to the direction provided in camera, we know that through the deputations that we heard this morning, that there's a significant impact on the City when it comes to tenure in respect to the recent certification of the carpenters' union. My understanding is that the city appealed the Labour Board decision and there was a response to by the carpenters to each of the points the city was trying to make to the Labour Board. I would request, as direction, that information in regards to our position, as well as the response from the carpenters' union be provided to each and every member at this table. Thank you."
Samson asks: You want it done ahead of the report which is coming to us? Whitehead answers yes. Samson: That's a direction - you've received that direction Mr. Peace? Peace answers yes.
Samson: Any other information
Braden asks if we are going to replace , temporarily, those persons who are not able to come to these meetings (referring to Councillor Ferguson). Christenson says the Municipal Act dictates that in the absence of a member of council for a 3 month period requires a motion by committee and council and we're prepared to bring that forward. But if the councillor's suggestion is to ramp up some of the committee membership on committees currently being affected by these absences, it is quite in order to do that as well.
Braden speaks off mic.
Collins asks what prevents them from adding another member at this time? Refers to councillors who sit on just 2 committees while a number of others sit on 3 committees. He suggests Councillor Whitehead be added, and Whitehead is willing. Christenson responds that there is nothing stopping the committee from doing that. Collins notes that Corp. Admin has a very small committee (6). Christenson remarks that some other committees may want changes and can be done at the Governance Review Committee meeting on Feb. 15. Collins would like this added as an agenda item for Governance Review Committee.
Collins moved as staff direction.
Bruckler asks about leases for municipality facilites and asks if they are on a market value arrangement. Rinaldo asks for specific examples and will respond and follow up.
11.1 Outstanding Business Item K - Seniors' Tax Increase Deferral (Due Date: January 18, 2006 ) (No Copy)
Update from Rinaldo - going to Committee of Whole as part of budget process. Can be removed from list.
11.2 Outstanding Business Item Q - Comparison of number of front-line workers in Operations and Maintenance - June 1, 1998 to Present (Due Date: December, 2005)
(NoCopy) Rinaldo: Will be submitted to Committee of the Whole. Remove from list.
Christenson: In connection in adding Councillor Whitehead to the committee, it would be appropriate to have a motion to that affect at this point. It allows me to automatically go through the process and then the review of the issue at the Governance Review Committee. I see some opposition but . (laughter)
Braden/Bruckler - Carried
12. PRIVATE AND CONFIDENTIAL - In Camera
12.1 Part-time Wage Rates (HUR06003)
12.2 City of Hamilton - Union Certification - Carpenters Local 18 (No Copy)
Adjourn 1:00 p.m.
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