October 13/04 Report – Part 2 of 4

(Continued from Part # 1 that ended at Item 6.1.5 "Committee Reports - Public Works Infrastructure and Environment Committee, Item #5 Red Hill Valley Project - Noise Mitigation Options")

Mayor DiIanni : "On #6" (hear councillors say carried) "Councillor Merulla, I understand, however, sorry about that, you have an amendment to add a sub-section (b) to Item # 6. Councillor Merulla."

"6. Cemetery Partnership R.F.P. Preliminary Report (PW04108) (City Wide) (Item 8.3)

(Merulla/Bruckler)
That the Public Works, Infrastructure and Environment Committee, receive Report PW04108 and endorse the continued negotiation of Cemetery Services Partnership with the sole RFP respondent, on the basis of the negotiation principles contained within the report.
CARRIED"

Merulla : "I do indeed, Mr. Mayor. And, it's Moved by myself and seconded by Councillor Morelli that item 6 of Report 04-017 of the Public Works Infrastructure and Environment Committee be amended by added subsection (b) as follows: '(b) That staff be directed to issue another R.F.P. to solicit proposals for additional Cemetery Business Partnership proposals for consideration by Council to achieve objectives as contained within' the Report before you." (#PW04108)

Merulla's Motion to amend Item # 6 with a part (b), re: staff to issue RFP for additional Cemetery Business Partnership proposals (Merulla / Morelli - CARRIED)

Mayor DiIanni : "On the amendment, any questions or comments?" (hear a glass clink) "Councillor Mitchell."

Mitchell : "Mr. Chairman, I would suggest that we vote down Item 6 and vote in favour of this one, because it's not really an amendment. It's going the opposite direction of each other."

Mayor DiIanni : "Can I have a ruling on that from the, from the Clerk."

Rose Caterini - Deputy Clerk, Manager - Legislative Services : "Mr. Mayor, I believe the operative work is 'additional' in that clause (b), which would connect with (a)."

Mayor DiIanni : "Right, and emphasize 'additional.' So, in fact, it isn't contrary, it's 'additional to' the recommendation -"

Mitchell : "So, both processes can continue on, together, at the same time. Okay."

Mayor DiIanni : "Okay? So, on the amendment, then, all in favour?" (hear Councillors say carried) "On the repor - Councillor Whithead?" (Whitehead does not speak) "- On the whole report - 6(a) and (b)?" (hear councillors say carried) "That's carried. Thank you. #7" (hear a glass clink) "Councillor Whitehead."

"7. Municipal Act Project - Stone Church Road from Upper James Street to West 5 th Street - Resident Delegation Meeting and Response (PW04112/FCS04116) - (Ward 8) Public Works, Infrastructure & Environment Committee Outstanding Business Item (E) (Item 8.4 )

(Merulla/McCarthy)

1. That the benefiting property owners be assessed the sanitary sewer costs only (including mainlines and private drains) per residential property owner on the south side of Stone Church Road, from Upper James Street to West 5 th Street, in the amount of $17,753; and,
2. (That the residential property owners on south side of Stone Church Road, from Upper James Street to West 5 th Street, be advised of this action; and,
3. That the total cost of $698,000 for this project be funded as follows:
   1. $142,024 from benefiting property owners (8 x $17,753).
   2. $555,976 from Development Charges
4. That Item (E) "Sewer Rates on Stone Church Road, between West 5 th Street and Upper James" be deleted from the Outstanding Business List of the Public Works, Infrastructure & Environment Committee; and,
5. That the residential property owners on the south side of Stone Church Road, between Upper James Street and West 5 th Street, be advised in writing of the provision of deferral of payment in cases of hardship.
6. (That By-law No. 02-156, being a by-law to impose a sewer rate under section 221 of the Municipal Act, R.S.O. 1990, c. M.45, as amended, upon owners or occupants of land abutting Stone Church Road, in the City of Hamilton, be repealed and that a new by-law be passed and enacted to implement recommendation (a) of Report No. PW04112/FCS04116.
   CARRIED"

Whitehead : "Mr. Mayor, this has been a long, drawn-out process in regards to finding an affordable rate that can be charged to residents on Stone Church. There was a $600, 000 expenditure. We have a policy in regards to cost recovery. At one point in time - most of the individuals that are impacted by this particular report are seniors on fixed incomes with septic systems and we had original cost of $40, 000 for hook-up. And, it was just not affordable for those residents. This report comes a long way from where we were. And, I want to congratulate the staff on this particular report, because this has been going on for years. And, I haven't heard anything negative from the residents in that community - they might think it's still too high, but it's certainly a lot less than it was. And, I want to congratulate the staff for the efforts they put into this."

Mayor DiIanni : "Thank you. All in favour of 7, then?" (hear councillors say carried) "That's carried. #8" (hear a glass clink) "Councillor Ferguson."

"8. Red Light Camera Program Extension (PW03150a) - (City Wide Implications) (Item 8.5)

(Merulla/Jackson)

1. That approval be granted to continue to operate the red light camera program beyond November 20, 2004 with the intent of the program being self-financed from fine revenue.
2. That approval be granted to extend the previous contract with Affiliated Computer Systems for various maintenance and operational activities associated with the red light camera equipment for one additional year from November 2004 through to November 2005.
3. © That staff be authorized to review options for the extension beyond November 2005 of the operation and maintenance of red light camera system and for the expansion of the number of red light cameras, which may include tendering for a new vendor, with the results of such investigation to be presented to City Council for consideration.
4. That approval be granted to extend the contract between the City of Hamilton and the City of Toronto to undertake centralized municipal processing of red light camera offence notices.
5. That approval be granted to extend the operational agreement with the Ministry of Transportation, Ontario, which defines the responsibilities of the City and the Province under the Red Light Camera program, and thereby permits the City of Toronto to obtain motor vehicle registration information necessary to lay charges under this program, on behalf of the City of Hamilton.
6. That staff be authorized to conduct a public awareness program for the red light camera system in Hamilton in 2005.
7. That the operating budget for Red Light Camera program be approved as part of the 2005 budget process.
8. That staff be authorized to transfer any 2004 and 2005 year end surplus into a reserve account for the consideration of future expansion for the Red Light Camera project.
   CARRIED"

Ferguson : "Mr. Mayor, just for clarification. I thought I heard in committee that each camera's worth $100, 000 on each instillation i.e. the hard-wiring was $500, 000 - are those numbers correct?"

Mayor DiIanni : "Bryan."

Bryan Shynal - Director - Operations & Maintenance, Public Works : "Through you, Mr. Mayor, the camera installation is $100, 000 per unit. I don't believe that the $500, 000 figure is accurate in any respect."

Ferguson : "Do we have one camera now?"

Bryan Shynal - Director - Operations & Maintenance, Public Works : "We have two."

Ferguson : "Two. Eight locations. So, again Bryan, so the hard-wiring per location is how much, then, Bryan?"

Bryan Shynal - Director - Operations & Maintenance, Public Works : "The figure was all-inclusive - the camera and the hard-wiring. So, I don't have a breakout on that. But, I can certainly provide that, through you, Mr. Mayor."

Ferguson : "Because, the red light, there, the closed circuit television, it was done - the whole thing was done for less than a $100, 000. Is this more elaborate equipment?"

Bryan Shynal - Director - Operations & Maintenance, Public Works : "Through you, Mr. Mayor, yes it is. It's specifically the timing and the accuracy and the resolution is, is much more sophisticated to give us the kind of information that we can use to take through to, to trial."

Ferguson : "Mr. Mayor, if Mr. Shynal can forward that pricing information to me, that'd be great. Thank you."

Mayor DiIanni : "And, Councillor Jackson."

Jackson : "Thanks Mr. Mayor. And, I'm obviously very strongly supportive of the recommendation, here before us, on the Red Light Camera Program extending it and carrying on. Bryan, I appreciate - Mr. Shynal sent us a communiqué today outlining the recent Ontario Court of Appeal from the Kitchener area that seems to have thrown a bit of a curve ball at this program. However, I believe, and it's, it was encouraging to hear the Minister state in the last 24 hours from the Province, that it's full steam ahead with the program and my understanding is that maybe some tweaking of the system and the way the photographs are taken and information provided will help that. Bryan, you noted in your communiqué that staff from municipalities, Provincial Ministries are participating in a meeting today, in fact, to discuss this. Were you possibly at that; do you know people who were at that; any update on that, at all, possibly? Mr. Mayor, through you to Bryan Shynal, please?"

Bryan Shynal - Director - Operations & Maintenance, Public Works : "Through you, Mr. Mayor. Unfortunately, I don't have an update. Staff did attend - sorry, Peter has a, Peter can help out."

Jackson : "Mr. Barkwell, please."

Peter Barkwell - City Solicitor : "Mr. Szabo (?) of our office was at that meeting and we are expecting that in very short order, there will be an amended regulation. The, the essence of the Court of Appeal decision has to do with the nature of the evidence of what will be admissible in court and that can be fixed by regulation. It's our understanding that's going to happen in very short order."

Jackson : "I appreciate that - our solicitor, Mr. Barkwell and Mr. Shynal. And, Mr. Mayor, I was encouraged, as well, the way I read the Court of Appeal decision. It wasn't against the program. It was just providing the information - a more clarifying manner to motorists who are getting the tickets. Thanks, Mr. Mayor."

Mayor DiIanni : "Thank you. Councillor Bruckler and then Morelli."

Bruckler : "Mr. Mayor, this question to Mr. Barkwell. Even if the regulations are in the process of being changed, will that impact any of the tickets that might be before us at the present time?"

Peter Barkwell - City Solicitor : "Those are being examined on a case-by-case basis. As I say, the ruling does not go to the validity of the program, it goes to what evidence you can put before the court and what manner. And, of course, you have to have the proper evidence to obtain a conviction. So, those things are being reviewed individually at this time."

Morelli : "Mr. Chairman, I just wanted to ask the question - I reviewed this, this morning from a police perspective. But, my question would be, I think, given the nature of the current situation, and the fact that I think it's going to take a little longer. I'm speculating, but I think it may take longer than we think. What will we do in the interim? Will we be operating these cameras; will we be processing tickets that aren't going to stand up, anyway? So, my question would be: what are we doing now, given the current situation; do we shut it down?"

Bryan Shynal - Director - Operations & Maintenance, Public Works : "Through you, Mr. Mayor, our intention is to continue the operation as normal. And, we're looking forward to a speedy resolution through the Ministry and changes to the regulations to enable us to do that in good conscience. But, there's no change to the program, at this point."

Morelli : "So, am I to understand, that an individual that does offend, will receive a ticket and will be asked to pay for that ticket, is that correct? And, we'll put them through the system? Is that what you're suggesting?"

Bryan Shynal - Director - Operations & Maintenance, Public Works : "That's correct."

Morelli : "I don't know about that, Mr. Chairman. I would have difficulties with that. I think that, you know, there should be something in place that somebody can expedite this a heck of a lot quicker than having to go through the process of going downtown and making an appointment with a - there should be something set up, where somebody can call and say, 'I've done this' and we're apparently proceeding to photograph, anyway and go through all the bureaucratic procedures to do this. And, even if we do it for 2 or 3 weeks. And, then we're going to, not only use our own time inappropriately, probably, and unproductively, and then we're going to make somebody else use their time, unproductively. It doesn't make sense, to me. I would suggest that we be fair and transparent and open with this process. It's being held up, because of a technicality - it's my understanding that they just have to show the date and the specific time on the ticket. And, I understand that - on the picture - and I understand it may take longer to move it than 2 weeks. But, you know, even 2 weeks, if we go through the process, how many - maybe I should ask the question: how many of these are issued in a 2-week period, on the average?"

Mayor DiIanni : "Do you have any statistics on that - "

Bryan Shynal - Director - Operations & Maintenance, Public Works : "I don't think we have the number, here, at hand. But, anyone who's issued a ticket has the right to request a trial. The information in my understanding is, in fact, encoded on the picture, now. The dispute is whether that coding is intelligible. And, it is expected that the regulation will provide the - either the breakdown of coding for people, or a way for us to provide the breakdown for people. It's not a ruling that the program is invalid. It has to do with the evidence that you have to put before the court. And, anyone who receives such a ticket has a right to request a trial and to challenge the evidence when they come to trial."

Mayor DiIanni : "I wonder if, if we could bring some of the statistics before the Committee just for information. If you can gather a report for us, that may be - "

Morelli : "I really appreciate the legal description, the bottom line is that it doesn't hold up in court. So, no matter what, it just doesn't hold up under the current circumstance and I'm just wanting to deal with that fairly and openly. And, I hope that within the next couple of weeks - but I'm ultimately aware it may take a little longer than that, so. If we're issuing 30 to 50 of these tickets a week, it's unfortunate that 30 to 50 people may have to go through a process - a trial process - knowing full well that it doesn't, it's not going to produce anything."

Mayor DiIanni : "Okay, well on #8, then. All in favour?" (hear councillors say carried) "That's carried. #9" (hear a glass clink) "I've got some clinkers. Councillor Mitchell."

"9. MTO noise wall - Highway No. 6 New (Ancaster and Glanbrook)
(Ferguson/Mitchell)

That the Ministry of Transportation be requested to:

1. provide the noise impact assessment studies completed as part of the Highway 6 (Ancaster and Glanbrook portions) Environmental Assessment:
2. complete updated noise impact assessment studies for the Highway 6 (Ancaster and Glanbrook portions) ramps from Highway 403 using current and predicted traffic volumes;
3. based on (a) and (b) above, provide the City of Hamilton with a report on the predicted noise impacts and mitigation measures.

CARRIED"

Mitchell : "No, not discussion, Mr. Mayor, just clarification. And, on section (b), I think it is, it defines that it's the Highway 403 ramps and so on - Glanbrook and Ancaster portions. My intent there, would be the 'ramps and S-bends around the community of Mount Hope.' The S-ben - the 403 ramps are all in Ancaster, of course. Glanbrook was added at the commut - at the Committee level, but I think that it needed to be defined 'where.' And, those are the ramps on - off of 'old' #6 and around the community of Mount Hope. Clearly put in here so that the Province knows where. Okay?"

Mayor DiIanni : "Okay, and we'll -"

Mitchell : "Friendly Amendment - is that fine with Councillor Ferguson?"

Ferguson : "Yup."

Mitchell : "Thank you."

Mayor DiIanni : "Okay. And staff will make note of that, as well, so in communications with the Ministry, they'll know precisely what we're talking about. Councillor Ferguson."

Ferguson : "Mr. Mayor, staff are pursuing this. But, I would like to pursue it, as well, at the political level. So, with your indulgence, I would like the Mayor's Office to send a letter to the Minister because this By-pass wasn't dreamed up when those houses were built and owe those residents . (couldn't make out what he said) "- at the Province's expense, obviously."

Mayor DiIanni : "Okay, we'll take that as direction and we'll do so."

Ferguson : "Thank you."

Mayor DiIanni : "Was somebody else - Councillor Bratina."

General Information (f) Public Hearings / Delegations - Rennie Landfill excavation

Bratina : "Under Item (f), where it says 'public hearings and delegations and concerns raised about the excavation - "

Mayor DiIanni : "Sorry, item (f), we're at #9. Oh, General Information. Okay. Fair enough. Go ahead."

Bratina : "Okay."

Mayor DiIanni : "Yup."

Bratina : "The question has been raised, does this excavation pose any potential risk to the health of residents - "

Mayor DiIanni : "Sorry, let me just go back, Councillor. Let's just deal with #9 and then I'll take your question. Just so -"

Bratina : "Okay."

Mayor DiIanni : " - we finish, at least, with #9. On #9, all in favour?" (hear councillors say carried) "That's carried. Now, sorry, go ahead."

Bratina : "There seems to be a lot of doubt, whether the work that will go ahead on the Rennie landfill is going to be safe for all involved - the workers and the residents in the area. And, have we gotten a clear undertaking - have we gotten good information on what these impacts will be."

Mayor DiIanni : "Okay. We'll ask the Ward Councillor to make a comment. Then, staff may want to report, as well. Councillor Merulla."

Merulla : "Thank you, Mr. Mayor. And, I appreciate the fact that Councillor Bratina's concerned about the residents in my area. I know all of us around this table are. And, I believe the question of those at Committee that expert, expert documentation was presented from Public Health, with consultants, and beyond question, when you exclude the rhetorical argument, that there is no argument, whatsoever, to suggest that the health and well being of those residents are in jeopardy at all. So, through you, Mr. Mayor, perhaps Mr. Murray can expand upon what I've just stated, just to concur with that. Thank you."

Mayor DiIanni : "Thank you. Mr. Murray."

Chris Murray - Acting Director, Red Hill Valley Project : "Through you, Mr. Mayor, there's really little more to add. The Councillor's correct. We have retained expertise for the Community Liaison Committee to address public health concerns. We, as staff, have our own expert, which is Dillon Consulting. And, as well, Rob Hall's office is involved. Through this process, we've developed 9 plans to address a whole range of issues, including health effects of residents in the area, as well as workers on site. So, it's been thoroughly covered."

Merulla : "So, and, just to add to that, too. And, because Councillor Bratina did bring it forward, I look forward to working with the problems in his area, as well - particularly surrounding the crime, crack dealers - "

Mayor DiIanni : "Okay, Councillor Merulla. I'm just going to stop that, right there. But, we'll come back to other issues as they arise in the Committee or the Council agenda. But, Councillor Bratina, does that answer your question?"

Bratina : "No, through you, to Mr. Murray. Have any samplings been taken, core samplings, or indications of what actually - do we know for sure what's in that dump, so that when we open it up, we'll know what substances might be set free into the atmosphere?"

Chris Murray - Acting Director, Red Hill Valley Project : "Through you, Mr. Mayor, we've been studying that site for a number of years now. We retained Dillon Consulting back in 1997 to profile what, in fact, is in the landfill. They were also retained when we did the leachate collection system project a couple of years ago to, again, look at what is, in fact, is contained in the landfill. We know, at this point in time, based on sampling procedures that they've undertaken, that there is in the order of about 1, 200 cubic metres of PCBs. The rest of the landfill, which is the remaining 68, 000 approximate cubic metres is considered non-hazardous material. We have a" (hear a glass clink) "you know, a substantial amount of contingency built in the budget, should there be anything that would be quote-unquote a 'surprise' to us. But, there has been a very thorough examination of what's there."

Bratina : "Can I see that documentation somewhere?"

Chris Murray - Acting Director, Red Hill Valley Project : "Certainly."

Mayor DiIanni : "Ya, in fact, maybe we can suggest that Chris or someone from staff sit down with you and take you through some of the studies that have been done to show -"

Bratina : "I'd appreciate that -"

Mayor DiIanni : "you exactly what's happened."

Bratina : "Thank you."

Mayor DiIanni : "Okay. Thank you. Councillor Braden."

Braden : " . . . on that point, if we've studied this for years and we have an in-house consultant. We've known what it is, how come the budget's going up $15 million? Because that is a surprise." (someone says something off microphone.) "No, I wasn't. I'm just asking the question."

Mayor DiIanni : "Let, let's, please work through me, and we'll get the questions answered. Fair question."

Braden : "I was not here. I hear that in fact, we understand there's no surprises. But, the money, I think, is - "

Mayor DiIanni : "Well, that was the surprise."

Braden : "Well, that's right. So, one doesn't go with the other. That's why I'm asking."

Mayor DiIanni : "Let's get, let's get an answer to that."

Chris Murray - Acting Director, Red Hill Valley Project : "Through you, Mr. Mayor. The figure that we presented the other day at Public Works Committee for the Rennie Street excavation, dealing specifically what we would consider contingencies is in the order of about $7.5 million. And, when you break that down, it's monies to address, if in the event leachate, that will be continuing to be produced by the landfill, should we have to deal with a leachate that's contaminated with PCB, then we have budget to deal with that - meaning simply that we would" (taped stopped) "Again, it's a, it's a, if we don't have to, if we don't find any more than the 1, 200 [cubic metres] there, then it's monies that can go for other worthwhile aspects of the project. So, these are all things that are built into the project to deal, in the event that there is something that comes as a surprise."

Braden : "I think that this is a prudent way to go. But, I'd just like to ask, at this point, that when the tally is in, I think it's reasonable to ask that when you come back to Council to explain how much money it ends up being, that you tell us which things were expected and which things were the surprise, just so that we have some consistency in terms of the explanation."

Mayor DiIanni : "Fair enough, I think the intention is to inform us and keep us informed throughout the process. Thank you. Councillor Bratina, again."

Bratina : "Just one final question. Can you give a, give me, or us, a sense of the activity that will be going on in that neighbourhood. How will these vehicles containing PCBs - what do they look like and how do they contain it so that it doesn't disperse throughout the neighbourhood? And, what daily volume of vehicles would be involved in this procedure?"

Chris Murray - Acting Director, Red Hill Valley Project : "Through you, Mr. Mayor. The haulers, themselves are licensed haulers. They're licensed under Provincial legislation. So, they're not, obviously, any kind of truck to come and remove this material. As well, when they remove it, they're going to be removing it along a road that doesn't travel through the residential neighbourhood. Our goal, here, is to keep the truck traffic going through the industrial area out to the highway system, as quick as possible. And, then they'll be taking the material to licensed disposal facilities, be it for non-hazardous waste, or for PCBs. The trucks themselves, are a contained unit. They are intended not to leak and that there are inspections that are part of this process to ensure things work the way they're supposed to work."

Bratina : "And, through you, Mr. Mayor, the number of trucks per day; the volume of activity?"

Chris Murray - Acting Director, Red Hill Valley Project : "I don't have it off the top of my head. I can get that information to you - be happy to do that."

Mayor DiIanni : "Thank can be part of the presentation that'll be made to you, if you're interested. And, you are, obviously. Okay. We've actually dealt with all the Items. What we need is a Report - a Motion on the Report by Councillor Collins."

Collins : "Mr. Mayor, it's Moved by myself and seconded by Councillor Bruckler that the 17 th Report of the Public Works Infrastructure and Environment Committee be adopted as amended, and the Information Section received."

Mayor DiIanni : "All in favour?" (hear councillors say carried) "That's carried."

See Part #3
Starting with Item # 6.2 - "Committee Reports - Planning and Economic Development"