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February 11/04 Report
Attending (in order of arrival)
Di Ianni, Bruckler, Mitchell, Kelly, Ferguson, McCarthy, McHattie, Merulla, Pearson, Powers, Whitehead, Collins, Horwath, Jackson, Braden, Morelli (the only one who was late).
Meeting 7pm till 8:20, at which point it went 'in camera' (8:20-past 10:40, when CATCH reporter left. Meeting officially ended at 11 pm) . All stayed in the room except Collins (8:05), Merulla (8:10), and McCarthy (8:12) and some staff.
Press (Randy Kay video taped portions) and Staff tables were full - although Robertson was noticeable in his absence. Andrew Dreschel (Spectator) came in, spoke to Eric McGinnis and then left (did he know what the in-camera was about ahead of time and tip Eric to stay? Good Public attendance. No earphones to be found - suitcase missing.
Anthem, Christian prayer.
1 . Agenda approved
2 . No Declarations of Interest
3. Ceremonial Activities: Presentation of Certificate of Merit - White Cane Week
4 . Minutes (Jan.28 and Feb.3) accepted
5. Communications :
5.1
' Resolution submitted by Bruce Galway respecting New Assessment Process for providing Stable Values.' This is part of a larger provincial movement to get Municipalities to lobby the Province to re do CVA.
Staff Recommendation : 'For consideration by Council'
Motion (Bruckler): 5.1 be referred to Finance Staff for evaluation and recommendation and then to Corporate Administration Committee for consideration.
Discussion:
McCarthy : New homes assessment? When does assessment start? She'd heard that these homes are not on assessment rolls for 3 years (therefore not taxed?). This is not right.
Rinaldo : Confirmed delay in assessment - done by MPAC
McCarthy : Need to communicate to the Province re this (loss of revenue, etc).
Ferguson : (missed comment -no earphones!)
Motion Carried .
5.2
'Correspondence from the Honourable Leona Dombrowsky, Minister of the Environment respecting Blue Box Program Plan.'
"Staff Recommendation: Be received ' Motion to receive correspondence : Carried
6. Committee Reports :
6.1 Public Works, Infrastructure and Environment - Feb 2/04
Discussion on item 5:
City Hall Accommodations Project C3-03-03 Evaluation Status Report (PW03010a/FCS03064a) (item 8.1)
(Present: Mitchell, Vice-Chair, DiIanni, Braden, Bruckler, Ferguson, Jackson, McCarthy, Merulla
Regrets: Collins, Chair, illness Also Present: McHattie,Pearson)
(a) That project number C3-03-03, City Hall Accommodations, be terminated and the proponents be thanked for their efforts and participation to date;
(b) That staff be directed to prepare a detailed accommodations plan based on the renovation of the existing City Hall to accommodate 400 staff at its current location;
(c) That based on a traditional design and construction method and the accommodations plan as per recommendation "b)", staff prepare a detailed project budget and construction implementation plan for inclusion and final approval in the 2005 Capital Budget;
(d) That MHPM Project Managers, be retained as the firm to provide project management services for the renovations of City Hall based on the Contract C11-52-01 process.
Councillors Ferguson and Bruckler indicated that they wished to be recorded as OPPOSED to this item.
Mitchell : He wants this 'referred' to allow for more information gathering. (He's probably referring to the stuff in the paper by the developer who says a new City Hall can be built if the City is willing to lower it's standards to the level used to build the new Federal Building on Bay. What passed at the meeting, was to renovate the existing building and keep the remaining staff housed in rentals around the city, which is not the cheapest alternative, just the cheapest in the short term. This was the staff recommendation. Mitchell voted in favour at the time.)
Collins : What more information is needed?
Mitchell : Both parties should be allowed to submit (proposals, bids?)
Collins : Developers? How. in meeting with us?
Ferguson : Whatever parties - this is a long-term issue.prudent to get more info.
Note: Ferguson was also at the meeting. He voted against the staff recommendation but when asked by the chair, he said he didn't want to be recorded as opposed.
Collins : Confirm - one or all parties?
DiIanni : Yes, everyone, but up to committee
Braden : (who also voted in favour at the time) Question to Finance: why can't we afford to do what's cheaper in the long run?
DiIanni : Mistake to go to debate now
Horwath: Will there be any instructions on referral? The issue is transparency .add to any referral.
Ferguson : Go in camera
DiIanni : Ahead of ourselves
Horwath : Concerned though, that at the beginning of a process is when to add in these things..this has gone wrong before.uncomfortable to go into a private process.
Motion : (To refer?) Motion carried. Merulla opposed.
Discussion on Item 9:
Briencrest Communal Well and Water Distribution System (Ward 14) (TOE01032B)(LS01024(A) (Item 13.1)
(a) That the General Manager of Public Works and the Director of Water and Wastewater are hereby authorized and directed to negotiate the potential transfer of the operation and ownership of the Briencrest Communal Well and Water Distribution System ("Briencrest") from the Province of Ontario to the City of Hamilton, on a voluntary basis, and on the following terms and conditions being satisfied prior to any assumption of either operation or ownership of Briencrest:
(terms and conditions not copied)
Braden : Concerned.tired of accepting the Province's downloads without comment
Collins : Re: communal wells.concern.cost of running? How distributed through community?
Staff (Crockett ): Across the board
Collins : Amendment necessary? Coming back anyway to Council
Staff (Crockett ): Province has to fulfill agreements for City to sign.cost up to the City.bring back to Council
Collins : User pay?
Staff (Crockett ): Yes
Discussion on Item 10:
Appointments to the Wastewater RFP Steering Committee (Item 2 of Public Works Infrastructure and Environment Committee Report 04-002)
That the following Councillors be appointed to the Wastewater RFP Steering Committee: Councillors C. Collins, D. Mitchell and M. McCarthy.
Whitehead : Motion : to add a member (who?), 2 nd by McCarthy
Collins : Withdrew from the committee. Moved that Whitehead be added. Approved.
6.2 Planning and Economic Development - Feb 3/04
6.3 Corporate Admin. - Jan 28/04
Both received without discussion
6.4 Corporate Admin. - Jan 21/04
Discussion on Item (d) (i) (This item actually was in the report labelled Jan 21 (04-003), but the item originally came up at a Special Corporate Admin meeting on Jan 28.of which to date (Feb. 22, 04) there is no minutes or report posted on the website. The item in question would appear to be under the discussion portion of the report from 2004 Office of the City Manager budget presentation , under information requested by Braden: (i) Requested the City Manager to provide information on how many Chiefs have signed the agreement re: Red Hill Creek Expressway
Braden : Re page 3.lots of 6 Nations here.clarification re how many signatories from 1 st Nation
Staff (Crockett ): Have agreements from Haudenosaunee and Conf. Council.next few weeks..implementation discussions
Braden : If asked for.have 75 days.we rely on signatories.need to hear from Staff that we have signatures. Wants to see documents with signatures/agreements!. touchy issue.
DiIanni : If we'd known Q asked tonight would have had staff and info here (!)
Braden: Will leave it, but wants to see on record that he wants to see real progress on this
McHattie: Supports Braden.also.Expressway Implementation Committee date.pushing off and off and off.heard Feb 25 (planned for a meeting) most recently.but.? Re tenders.$45 million commitment next meeting.closer and closer to March 15 th date where we can't turn back easily. Can't get clarification from Federal gov't .because can't get answers from Staff (re 6 Nations legality issue). Serious financial.
Collins : agree with McHattie.understands frustration re mtg. date.staff struggling re co-ordinating everyone's schedules.already looked at delegations coming.re: cost.big issue.election fought on this.on opposite side of issue from McHattie (re Red Hill).but.
DiIanni : Will make sure everyone has everything needed.will see about moving process forward expeditiously
McHattie : To build a road is one thing.may be in trouble (re going ahead without proper agreements)
6.5 Strategic Planning and Budgets - Feb 4/04
Discussion on Item 1 : 2003 External Audit Plan and
Item 2 : 2002 External Audit Management Letter
.The attachment to this letter contains six detailed audit findings which can be summarized (mildly - the actual report is worth a read as it's much more scary) as follows:
1. Accounting Policies - We are raising attention to the need for management to more promptly and sufficiently identify and communicate to the governing body significant accounting and financial reporting issues.
2. Books of Accounts - There continues to be a number of issues identified in the books of account that we suggest need to be further investigated by management, properly substantiated and reconciled.
3. Accounting Estimates - The analysis to determine the appropriate amount for accounting estimates (e.g. landfill costs, provision for uncollectible receivables) was not adequate given the dollar amounts and significance of the issues.
4. Audit Efficiency and Costs - The discipline for financial reporting for the City should be improved and more rigour established around the accounting and reporting process.
5. Information Systems Access Controls - We noted that there should be more timely removal of staff's access to the information systems once the person is no longer with the City.
6. Electronic Commerce - With the introduction of the new Privacy legislation which is effective January 1, 2004, there are implications to the introduction of new electronic applications for human resources purposes.
Braden : Re $.
Staff (Rinaldo ): Most items resolved
Whitehead : to staff.process to choose auditor.tenders?
Rinaldo : Every five years.this is year 3 of 5
Kelly : Better reporting mechanism (needed).strong language in report.alarming. Clearer line of communication est. during discussion (in Committee?)
Collins : This is one of the more disturbing reports from the Auditor in recent years. Are Staff prepared to provide info in a timely manner ?
Staff (Rinaldo ): Yes, making that 'improvement'.
Collins : Hopefully.or. you will ?
Staff (Rinaldo ): Depends on Council (?!)
Collins : 1 st time delay in info arising
Horwath - which item are we discussing? Discussing item 2 rather than item 1. Serious issues raised in letter.great debate in committee.specific timelines in report identified.concerned that we don't really have a 'chartered' accountability.need this.find some way to find accountability.'key to the whole issue'.make sure doesn't get lost
Mitchell : Re recommendations in report.amendment to bring back to Council
Motion : Carried
Motion (Bruckler ): Motion to accept report. Carried
6.6 Social and Public Health Services Committee - Feb 10/04 - report distributed at meeting (probably because the meeting just happened the day before!)
Discussion:
Horwath : Where are the motions re receiving delegations.why not in regular spot?
Clerk : Agrees with Horwath.6.2 'at a motion'.
Collins : Making several requests of Province.wants to move to Budget
Horwath : Not about $. other issues .have consistency is the issue to present to Province (this is re the terms used: domiciliary hostels vs residential care facilities.really the same thing but the province funds one and not the other - ours!)
Kelly: Province doesn't pay attention.AMO (Association of Municipalities of Ontario).
Licensing report - adopted
7. No Motions
8. Notices of Motions
Horwath : Energy issue.re energy deposits (hydro?).may be dealt with a committee.will leave Motion.intent to hurry.people at risk (low income can't conform to deposit criteria?).deadline?
Collins : Re energy deposit Motion.this came up at Corp. Services.Q - Staff got info?
Staff (Rinaldo): Will get back (to you) tomorrow
Collins : When tomorrow?
Staff (Rinaldo ): Will call in a.m., then email Collins
Powers : All customers? (applies to?)
Horwath : Yes
DiIanni : This is a huge issue.
The following Notice of Motion was introduced by Councillor Horwath:
Whereas the Ontario Energy Board has set new rules under which all electric utilities in the province can require customers to pay a security deposit and;
Whereas the new rules stipulate when a utility can demand a security deposit, how much can be charged, when it must be paid back and the interest the customer must receive;
Therefore be it resolved that Hamilton Utilities Corporation immediately change its security deposit policies to comply with the new regulations of the OEB and implement any required deposit repayments expeditiously but not later than September, 2004 prior to the 2004/5 winter season.
9. Statement by Members:
Braden : re Public Consultation Budget.Q comes up re $ not paying on infrastructure year on year or one time ? Number sustainable?
DiIanni : Not an item for this time
Braden : What does this number mean.5 Million assessment growth (=14% increase salaries).does nothing for arenas etc (??)
Kelly : Last meeting for Dominic Lunardo.or end of week.wants to commend for outstanding job.. Re the GST news (now exemption on City purchases).thank the Mayor.Wants update re City's discussion with other levels of Gov't.with Powers.
Powers : 5 day conference in Ottawa last week.70 attending.4 speakers were.(mentioned names. which I didn't get).'encouraged'.talking about investment in Municipalities.
Kelly : (?)
DiIanni : 18 th and 19 th .Going to Mayor's conference
McHattie : Went to GTA Transit Summit with DiIanni.clear that Hamilton playing key role in GTA transit discussions.'GTA plus Hamilton' is how it's being referred to.joked about hearing 'Hamilton' said over and over again.all the right people were there
DiIanni: Great to see you there.good news.(and on in that vein)
Ferguson : 3 Points re past Committee.
- 1. Rinaldo re CRF (Community..?.Funding) funding (Horwath clarified CRF term for listeners - but I didn't catch it)
Staff (Rinaldo ): 02-03.5 million.3 million increase
- Municipalities are rewarded for increasing their (waste?) diversion (Blue Box). didn't know that !
Staff (Crockett ): Revenue increase from 200 to 900 (hundreds of thousands?)
Ferguson: $7,700,000 (?)
- 3. Food Drive reminder
Whitehead: Reminder that he's hosting Staff and Mayor at Budget Process meeting (tonight?) at Mohawk
10. By-Laws
Motion to go 'In Camera' 8:20 p.m. till past 10:40 (when I left) Issue: Mayor asking for vote on Firing City Manager Bob Robertson
(Several councillors didn't know this was coming.and some press apparently may have.
I asked Braden on way out if they'd be long.and he said he thought about 15 minutes!)
Council official minutes record the following about the "Private and Confidential" (In Camera) session:
(Bruckler/Mitchell)
That Rule 3.12(a) of the city's Procedural By-law be invoked for this meeting of City
Council to allow business to be extended beyond the 9:00 p.m. time period.
CARRIED.
On motion (Kelly/Ferguson) Council moved In Camera to deliberate a property
disposal and a personnel matter. CARRIED.
On motion (Kelly/Ferguson) Council reconvened in Open Session. CARRIED.
(Bruckler/Mitchell)
That Rule 3.12(b) of the city's Procedural By-law be invoked for this meeting of City
Council to allow business to be extended beyond the 10:00 p.m. time period.
CARRIED.
(Jackson/Kelly)
That the City's Procedural By-law Rule 3.10.11 be invoked for this meeting of City
Council to allow the introduction of a motion respecting the position of City Manager.
CARRIED.
(Whitehead/Pearson)
(a) That the contract for the City Manager, Bob Robertson, be terminated effective
immediately;
(b) That Glen Peace be appointed Acting City Manager until such time as a
permanent replacement has been appointed and commences employment with
the City of Hamilton;
(c) That the Strategic Planning and Budgets Committee report back to Council on
the process required to recruit and select a City Manager;
(d) That the Strategic Planning and Budget Committee undertake a quarterly review
of the City Manager, Corporate Management Team and oversight thereof;
(e) That the General Manager of Human Resources be directed to report back on
the terms and conditions of financial settlement with Mr. Robertson within 48
hours.
The MOTION CARRIED on a Recorded Vote as follows:
Yeas: Mayor DiIanni, Councillors Bruckler, Ferguson, Horwath, Jackson, Kelly,
McCarthy Mitchell, Morelli, Pearson, Powers, Whitehead
Total: 12
Nays: Councillors Braden, Collins, McHattie, Merulla
Total: 4
11. ByLaws adopted. Meeting adjourned
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