Council

Council

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October 12/05 Report – Part 2 of 4

(Continued from Part #1 that ended with Item 6.2 "Planning and Economic Development Committee," Report 05-20, October 4, 2005)

6.3 Corporate Administration Committee, Report 05-014, October 5, 2005
(http://www.myhamilton.ca/NR/rdonlyres/86D9EF9F-B5F8-4053-92AA-
D38DA47B7B57/0/Oct05CorpAdminReport05014.pdf )
(Braden / Bratina - CARRIED)

Mayor DiIanni : "Next report is the Corporate Administration Committee Report which presents Report 05-014 and recommends Item #1" (hear councillors say carried) "#2 . #7" (hear councillors say carried) "Councillor Ferguson, I understand you have a Motion to refer this Item back to Corporate Admin Committee - and that is Item #8."

MOTION to Refer back Item #8 - " 8. Communication Strategy - August 19 th Rainstorm - Verbal Update (No Copy) (Item 8.5)

(a) That $25,000 from the Legislative Contingency Fund be distributed as follows, for the purpose of communicating flood prevention and abatement information to local property owners:

(i) $18,000 to be used for a global communication (flyer) through the Spectator and Canada Post

(ii) the balance of $7,000 to be divided equally between the Councillors for Wards 4 and 8 to offset ward-specific flood communication costs;

(b) That $2,000 be identified in the Public Works budget as a contribution toward the cost of the flyer. "

Ferguson : "Thanks, Mr. Mayor. Moved by myself; Seconded by Councillor Whitehead respecting Communication Strategy - August 19 th , 2005 Rainstorm be referred back to the Corporate Admin Committee for further discussion."

Mayor DiIanni : "Thank you. All in favour of 8, as amended?" (hear councillors say carried)

"9" (hear councillors say carried) "Councillor Braden, please."

Braden : "Moved by myself; Seconded by Councillor Bratina that the 14 th report of the Corporate Administration Committee be adopted as amended and the Information Section be received."

Mayor DiIanni : "Thank you. All in favour?" (hear councillors say carried) "Thank you."

6.4 Community Services Committee Report 05-010, October 11, 2005 (to be distributed)
(http://www.myhamilton.ca/NR/rdonlyres/7BE052CC-817D-42CB
-B8F1-649BBAC85909/0/Oct11Report05010.pdf )
(Bruckler / Collins - CARRIED)

Mayor DiIanni : "The next report is the Community Services Report presenting 05-010 recommending Item #1" (hear councillors say carried) "#2 (hear councillors say carried) "# thr - #2, that's it. Councillor Bruckler, please."

Bruckler : "Moved by myself, and Seconded by Councillor Collins that the 10 th report of the Community Services Committee be adopted and the Information Section received."

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

6.5 Social and Public Health Services Report 05-012, October 11, 2005 (to be distributed)
(http://www.myhamilton.ca/NR/rdonlyres/9A99C983-0AE5-441D
-B53D-0A2D71D89152/0/Oct11Report05012.pdf )
(McHattie / Merulla - CARRIED)

Mayor DiIanni : "The Social and Public Health Services Committee presents report 05-012 and respectfully recommends item #1" (hear councillors say carried) "#2" (hear councillors say carried) "#2, Councillor Jackson."

COMMENT on Item #2 - " Changes to Earnings Exemptions and other Transition Supports Ontario Works Transition Directive 2005-02 (SPH05041) (City Wide)

(a) That the changes to the policy and delivery of the Ontario Works Program as outlined in Ontario Works Transition Directive 2005-02 be received for information.

(b) That an additional five case manager positions to the amount of $325,000 gross ($162, 500 net) be hired effective November 1, 2005 .

(c) That a report be submitted to Council in one year to report on the impact of the changes outlined in this report in caseload and costs.

(d) That Council correspond with the Minister of Municipal Affairs and Housing and request the additional 2005 and 2006 in year costs for these mandated services in accordance with the Memorandum of Understanding between the Province and Ontario 's Municipalities.

(e) That a copy of this report also be forwarded to Association of Municipalities of Ontario (AMO). "

and

COMMENT on Item #3 - " Changes to Ontario Works Eligibility Criteria for Adults Living With Parents Ontario Works Transition Directive 2005-03 (SPH05044) (City Wide)

(a) That the changes to the policy and delivery of the Ontario Works Program as outlined in Ontario Works Transition Directive 2005-03 and ODSP Transition Directive 2005-01 be received for information.

(b) That an additional 6.5 FTE Ontario Works staff be hired effective November 1, 2005 at an annualized cost of $445,000 gross ($223,000 net).

(e) That a copy of this report also be forwarded to Association of Municipalities of Ontario (AMO). "

Jackson : "Thank you, Mr. Mayor, on Item 2 and Item 3, as well, Mr. Mayor - the changes to the Earnings Exemptions and other Transition Supports for Ontario Works Directive 2005. On Item (b) on both items 2 and 3, they're inter-connected, Mr. Mayor."

"You can see, that it's going to cost this municipality close to $400,000 dollars more for [Provincially] mandated social service programs to hire some additional case workers to help our Managers with regards to their caseloads for those on social assistance and welfare."

"My main concern is that, you know, Mr. Mayor, every year, we're going cap in hand to the Province to try to help us, to help Council in this community with regards to the downloading of social services that occurred in the former Provincial government. This current Provincial government said they were going to try to correct that problem because of the problem municipalities had to bear the brunt of social services costs on their property tax payer. And, here we are with an additional $400,000 cost the municipality is going to add 2(b) and 3(b). And, they didn't even consult our staff in the last few months. And, this is $400,000 we're not even going to even have a chance to debate because it's basically mandated by the Province. So, already $400,000 basically has been approved in our 2006 Budget and Council hasn't even had a chance to say whether or not it's an appropriate program, or it's beneficial or not, in light or our global Budget."

"So, Mr. Mayor, really, there's nothing we can do other than to register our angst. But, I just wanted to get that on the record. Thanks, Mr. Mayor"

Mayor DiIanni : "Thank you. And, we are having a preliminary look at Budget, tomorrow, where you'll see that, I think - social services costs and investment are ." (couldn't hear Mayor's next word) are certainly going in the wrong direction as far as ." (couldn't hear Mayor's next few words) "Those are points that are very well-taken."

"However, with another comment, Councillor Whitehead."

Whitehead : "Ya, I just, I know that we just recently created a Committee. I hope that both plans conjure up the board of that Committee to help build a case that we're trying to build on behalf of this Council ." (couldn't make out the Councillor's last few words)

Mayor DiIanni : "Thank you. I'm sure it will be forwarded. On #2. All in favour?" (hear councillors say carried) "#3 . #4" (hear councillors say carried) "On #4, Councillors Bruckler."

QUESTION on Item #4 - " Exemption of Rental Fees - Steele Park - Hamilton East Kiwanis Boys and Girls Club

(a) Based on the longstanding partnership that has existed between the City of Hamilton and the Hamilton East Kiwanis Boys and Girls Club who operate programs out of a City owned property adjacent to Steele Park ; That the Hamilton East Kiwanis Boys and Girls Club be exempted from the annual rental fee of $1,200.00 for the use of Steele Park , in order to operate a child care playground as one of the three demonstration sites selected in Ontario for the Provincial Best Start Initiative.

(b) And that the members of the Community Services Standing Committee be provided a copy of this motion, for information, at their meeting of October 11, 2005 ."

Bruckler : (couldn't make out Councillor's first few words) " . Exemption of Rental Fees. I would certainly strongly support the recommendation . " (couldn't make out Councillor's next few words) "down to the 2 nd paragraph under (a) which says the annual rent fee is $1,200 and that it's one of the programs under the Ontario for the Provincial Best Start Initiative."

"With $93 million coming to this city ." (couldn't make out Councillor's next sentence, but my notes indicate that the Councillor was wondering if some of these provincial monies might be able to be used to help with things like the rental fees for the Kiwanis Boys and Girls club, for example)

Mayor DiIanni : "Councillor Merulla. Do you want to - " (Councillor Merulla starts to speak, but you cannot hear him) "Councillor speak right into the mic, please, so the audience can hear you."

Merulla : "I'm a little shy." (hear giggles from Council and gallery) "The issues which I brought forward at Social Services regarding the Hamilton Kiwanis Boys & Girls Club."

"The properties that the Hamilton Kiwanis Boy & Girls Clubs are located at are owned by the City. The building, itself, is funded ." (couldn't hear Councillor's next couple of words) "And, the park adjacent to it belongs to the City."

"And, my discussions and information on the City's" (couldn't hear Councillor's next couple of words) "they indicated that, based on precedence that private day-care facility that rent raised from the City, for that ." (couldn't hear Councillor's next couple of words) "that the amount ." (couldn't hear Councillor's next couple of words)

"It really is comparing apples and oranges and the operating grant of the Hamilton East Kiwanis ." (couldn't hear Councillor's next couple of words) "The building's owned by the City of Hamilton and the land is the City of Hamilton 's. So really, what in essence would occur, as Councillor ." (couldn't hear Councillor's next couple of words) "the meeting, is that if we charge them $1,200, suddenly, they'll turn around and increase their request next year for the $1,200 in order to accommodate it ." (couldn't hear Councillor's next couple of words)

"So, rather than taking money out of one pocket and putting it into the other ." (couldn't hear Councillor's next couple of words, but my notes indicate that based on the above reasoning, this is why the Hamilton East Kiwanis Boys and Girls club should be exempt from the annual rental fee.)

Mayor DiIanni : "Thank you. Councillor Whitehead."

Whitehead : "Mr. Mayor, I'd like to congratulate Councillor Merulla for raising this particular issue and the other Councillors that supported. I'm very supportive of the Motion; I'm concerned with the process - and always have been."

"I'm just trying to figure out how a land rental issue, or property dealt with at the Community Services level is being dealt with at the Social Services. I just need an understanding of the process because when it came to Community Services we were emp - disempowered, quite frankly to deal with it because of the Social Services umbrella. It's not the appropriate forum for that particular issue to be discussed in." (couldn't hear Councillor's next couple of words) "area of responsibility. So, I'm just trying to understand, somewhat whether there is a process in determining what is to be handled where, or is it wide open? I just need clarification on the process."

Mayor DiIanni : "It's called multi-tasking." (hear some giggles from Council and gallery) (tape stopped sorry)

Merulla : (could not make out Councillor's answer once recording again. However, my notes indicate that the Councillor indicated that this was something that was to be expedited)

Mayor DiIanni : "What I'm hearing you say, then, is that the process might have been skewed by the intention because you were quoting on rent and rather than sending it back, maybe let's just deal with it on it's own - "

Whitehead : (as Mayor was finishing what he was saying, Councillor was saying 'no, no, no')

Mayor DiIanni : "It's a $1,200 item. Okay, you were asking. I understand. Councillor Kelly."

Kelly : "Just to, and maybe to address Councillor Whitehead's concerns - I think they are legitimate as far as process. Sometimes the minutes don't capture the extent of the conversation. I think what we were trying to do with that was that Councillor Merulla as the Ward Councillor certainly brought this to our attention. At our Committee we decided to simply say, no, we don't think this is right and forward our concerns to the appropriate Committee, which is Community Services. In other words, we passed a Motion, not that it should be done, but we think this is wrong and forward that Motion onto Community Services; we thought they'd deal with it."

"So, there was - I think, anyway - as Councillor Merulla has already indicated - we wanted to make sure we did follow protocol. But, as the Ward Councillor, he wanted to deal with it. We were already talking about some of the parts of the Community Services areas when we first started the program. Sam got those quotas and said, wait a second, here's a red flag. You know, we think this is wrong. Okay, so let's pass a Motion we think it's wrong and forward it on to Community Services. So, we kind of took a back door into it. We did follow protocol as far as passing it along to the appropriate committee. And, with the expectation, of course that it would be dealt with here, tonight, anyway.

Mayor DiIanni : "Okay, Councillor. Thank you. All in favour of that item?" (hear councillors say carried) "That's carried."

"Councillor McHattie, a Motion please."

McHattie : "Mr. Mayor, Moved by myself; Seconded by Councillor Merulla that the 12 th report of the Social and Public Health Services Committee be adopted and the Information Section received.

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

6.6 LicensingCommittee Report 05-008, September 30, 2005
(http://www.myhamilton.ca/NR/rdonlyres/933C9414-A516-4986-9D6A-
EEE35D2A42E2/0/Oct12LicensingReport05008.pdf )
(Merulla / McHattie - CARRIED)

Mayor DiIanni : "The next report is the City of Hamilton Licensing Committee presents its report 05-008 and recommends Item #1" (hear councillors say carried) "Councillor Merulla, on the report then."

Merulla : "Thanks, Mr. Mayor. Moved by myself; Seconded by Councillor McHattie that the 8 th Report of the City of Hamilton Licensing Committee be adopted and the Information Section received."

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

6.7 Committee of the Whole Report 05-016, October 5,2005
(http://www.myhamilton.ca/NR/rdonlyres/53BFC7E7-FCE3-49A0
-BC64-5EC5996F8A52/0/Oct05Report05016.pdf )
(Ferguson / Whitehead - CARRIED)
(Councillor Braden wished to be recorded as opposed)

Mayor DiIanni : "The next report is from Committee of the Whole, Report 05-016. Recommendation #1" (hear councillors say carried) "#2" (hear councillors say carried) "Councillor Ferguson , a Motion on this report, please."

Ferguson : "Moved by myself; Seconded by Councillor Whitehead that the 16 th Report of the Committee of the Whole be adopted and the Information Section received."

Mayor DiIanni : "Thank you. All in favour?" (hear councillors say carried) "That's carried, with Councillor Braden being recorded as opposed."

7. Motions

7.1 Appointment of new CEO, HECFI (City Wide)
(http://www.myhamilton.ca/NR/rdonlyres/400E7F75-BD7A-4AE1
-B77B-D640B0655953/0/Oct12Item71.pdf )
"That the appointment of Duncan Gillespie by the HECFI Board of Directors as the CEO of HECFI be approved by Hamilton City Council as per Section 16 (2) of Bill Pr.34. "
(Whitehead / Bruckler - CARRIED)

Mayor DiIanni : "Members of Council, we're now on Motions and the first Motion is 7.1 and it's on your blotter paper. And, Councillor Whitehead, I understand you have a Motion respecting the appointment of the new CEO for HECFI (Hamilton Entertainment and Convention Facilities Inc. - http://www.hecfi.on.ca/ ) Councillor Whitehead."

Whitehead : "Thank you, Mr. Mayor. Moved by myself and Seconded by Councillor Bruckler that ." (Councillor Whitehead goes on to read the Motion, as noted above)

Mayor DiIanni : "Thank you - "

Whitehead : "Can I speak to it - "

Mayor DiIanni : "Yes, you can speak to it."

Whitehead : "Thank you, Mr. Mayor. I know that there was some concern. I want to make it absolutely clear that those concerns were all equally addressed through the HECFI Board."

"I want to say that we do have Duncan here, in the crowd. I just want to recognize Duncan. Please stand up." (hear applause start from gallery and Council)

Mayor DiIanni : "First we should - well - " (hear giggles from gallery and Council) "Maybe we should take the vote, first. It's all right, Duncan, stand up." (hear more giggles and applause from gallery and Council)

Whitehead : "Anyway, we at the Board - and I know that this Board has been approved, that the whole process be approved to be more arms length and autonomous. We do have a very strong Board, I believe, that has been put in place."

"And, the Board had taken a look at trying to draw up a vision and that and working with consultants to create some adjustments and a vision. And, that process is determined that it's going to take a fairly lengthy period of time. The John Howard Society which Duncan was basically seconded to, had some pressures on it and was, you know, basically pressing us to make a decision in Duncan's employment. And, the Board hired an independent consultant to do what is called a '360.' And, in that 360, a consultant had interviewed, not only, the John Howard's Board, but many of those who have had dealings with Duncan, as well as the staff at the HECFI Board. And, the report that came back from the consultant was that they've never seen anything scored so high."

"Duncan Gillespie brings professionalism. He brings some expertise to the governors. Duncan is a great administrator. That's what the report indicated. You know, point, after point, after point. There was a real consistency with what was coming back."

"And, in the boards wisdom, we could go out and do a search; and pretty costly. We could end up with something that may not work out. We know that experience. And, we know that even the City experience with the hiring of our City Manager, who's been doing an excellent job on behalf of the City, that equally that Duncan could do the same with the HECFI Board."

"So, I'm actually, in fact - and I know there was a good debate; a good discussion. I think we covered all the concerns and the issues and had a very strong process in regards to having independent people looking at it. We actually consulted with Human Resources in regards to whether this practice was one that was out of the ordinary, or if it was acceptable. And, in fact, our response from Human Resources, was this was quite acceptable in respect to how you're doing it."

"So, we had an independent report. We had autonomous support. We felt very strongly that Duncan Gillespie's our man to carry the HECFI facilities Board into the future and I really hope that Council here, tonight, will feel the same. Thank you, Mr. Mayor."

Mayor DiIanni : "Thank you. Councillor Kelly."

Kelly : "Very briefly, Mr. Mayor. I echo some of the same comments that Councillor Whitehead has made. Those a little concerned on the HECFI implementation Committee, who served on the re-tooling of the HECFI Board and the administration. And, we turned over just about every rock. Councillor Mitchell, Councillor Collins, Councillor Ferguson and there were others that were involved in that."

"And, I think one of the things that we found out, just to try to assuage, I think, the concerns, was that the Board was actually in pretty good shape. ." (couldn't hear Councillor's next few words) "But, the HECFI operation was actually running very well. What we needed to do was regain some of the confidence. And, I'm very confident with the recommendation that his here before us."

"I served with Duncan as a HECFI Board member for a period of time. And, I know the dedication that he has to the Board and HECFI, itself." (couldn't hear Councillor's next few words)

"I want to congratulate the HECFI Board and the newly formed HECFI Board. And, thanks for - almost a year, now - for the great work that they've done and for their dedication to this, too. They made sure that this was a pristine process to find a CEO. Duncan is the interim CEO. And, I think he has done an outstanding job." (couldn't hear Councillor's next few words) "And I thoroughly recommend this and wish Duncan all the best in his future endeavours with HECFI."

"We need to remind people, of course, that this is, these are facilities owned by the City of Hamilton, managed at arms length by the HECFI Board. We have a vested interest in this, of course because we own all of these facilities. So, we want to make sure that they're all running at optimum level. And, I have every confidence that under Duncan's stewardship and the work of the HECFI Board, we'll be able to do that. So, I'll certainly be ." (couldn't hear Councillor's next few words)

Mayor DiIanni : "Thank you. No other speakers. All in favour of the recommendation?" (hear councillors say carried) "That's carried."

"Thank you for that. Let me just add my congratulations, Duncan, as well. I've been very impressed with the work Duncan has done for the last number of months. He knows the business."

"The whole HECFI operation - I don't need to remind us - was under some attack and demoralized this organization. Duncan very quickly addressed that particular issue and I think will do great things for this community. So, congratulations, Duncan."

"I also know, Duncan, that there are some Board Members here, tonight. And, I wonder if you might introduce them to Members of the Council and to the audience."

Duncan Gillespie - CEO of HECFI : "We have representing the Board: Pattie Canon, Ed Valtenburg, Jim Bethune, and I don't see - "

Mayor DiIanni : "I think that's all I saw. Unless - "

Duncan Gillespie - CEO of HECFI : " - And, of course, Councillor Whitehead and Councillor Bruckler."

Mayor DiIanni : "Thank you very much. And again, congratulations." (hear applause from Council and gallery)

"And, thank you to the Board Members ." (couldn't make out Mayor's next few words)

See Part #3
Starting with Motions Item 7.2 - "Direction to the City Solicitor respecting OPA 28"