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January 25, 2006 Report Part 2 of 5
(Continued from Part #1 that ended with Item 6.7 - (first on list of committee reports for this evening's session, however) "Licensing Committee," Report 06-002, January 24, 2006 )
6. Committee Reports cont'd.
6.1 Public Works, Infrastructure and Environment Committee Report
06-001, January 16,2006
(McCarthy / McHattie - CARRIED)
Mayor DiIanni : "Members of Council, the Public Works, Infrastructure and Environment Committee presents its 1 st report and recommends Item #1." (hear councillors say carried) "#2 . # 7" (hear councillors say carried; and hear a glass clink) "#7" (hear someone say something off camera) "#8" (hear councillors say carried) "Sorry, #7, we passed #8. There's a question before we move ahead."
COMMENT ON - " 8. Replacement of Street Sweepers (PW05095a) - (City Wide) (Item 7.1)
(a) That the City of Hamilton award an order for seven new street sweepers and one used street sweeper to The Equipment Specialist Inc. at a total cost of $2,035,655.25 to replace eight existing street sweepers that are no longer economical or efficient to operate, with sources of funding from approved 2004 Capital Budget Cost Centre 58550 - 4940451100 in the amount of $1,029,503.00 and from approved 2005 Capital Budget Cost Centre 58550 - 4940551100 in the amount of $1,006,152.25.
(b) That Item U "Cooperative RFP with Toronto for street sweepers" be removed from the Public Works, Infrastructure, and Environment Committee Outstanding Business List. "
(CARRIED)
AND
COMMENT ON - " 9. Green Cart Program Staffing - (PW06010) - (City Wide) (Item 7.3)
(a) That six (6) permanent full time Waste Collection Operator positions be added to the Waste Management Division staff complement to support the Green Cart Collection program that is scheduled to begin April 3, 2006 ;
(b) That salaries for the positions identified in recommendation (a) which total $265,460 (from April to December 2006) be funded from the 2006 Operating Budget.
See the Information Section for further disposition of this Item. "
(CARRIED)
FROM INFORMATION SECTION - " (f) (iii) Green Cart Program Staffing - (PW06010) - (City Wide) (Item 7.3)
Beth Goodger made a PowerPoint presentation which provided an overview of the Green Cart Program Staffing report and a hard copy was distributed. She and Blair Smith responded to questions posed by the Committee.
The staff recommendation was amended. The Committee approved the addition of six (6) new Waste Collection Operators to support the Green Cart Collection program. The balance of the recommendation (i.e. the request for two full time and 5 temporary full time equivalent positions) was referred back to staff to find cost savings and report to the next Committee meeting in two weeks. "
Whitehead : "Well, in fact, Mr. Mayor there - # 8 and #9, there's a financial implication. We are in the Budget process. And, from my perspective, I don't see any motherhood issues . We have a serious issue to keep the debt - taxes down. So, I'm just wondering why we're dealing with this tonight, and why we can't put that back into the Budget process - both 8 and 9."
Mayor DiIanni : "Mr. - " (hear someone say something off microphone) " - it's already in the Budget. But, let's get the explanation. Mr. Stewart."
Scott Stewart - General Manager, Public Works : "Through you, Mr. Mayor. Item 8 is the replacement of Street Sweepers. This was in the Capital Budget from our previous years. It's from commitments from 2004 and the 2005. So, it's previous Budgets. It's just the process that we've gone through, now's the time to spend the money and all the work that we've done with the City - so it's previous Budgets for Item 8." (hear a glass clink)
Mayor DiIanni : "And, 9, of course, isn't the same. But, 9 is Budgeted for, as well?"
Scott Stewart - General Manager, Public Works : "Through you, Mr. Mayor. The Green Cart Program. This was at Committee, of course. And, we went through this exercise. There was a request for 13 employees. We've separated these into - we've purchased the equipment. The Green Cart Programs launch in April."
"And so, this is the 6 operators that will go into the vehicles. And, we deferred the other 7 back into the Budget process."
Mayor DiIanni : "Okay. Councillor Whitehead."
Whitehead : "Well, let 8 go through, and then I'll continue on that."
Mayor DiIanni : "On 8. Any other questions on 8? All in favour of 8?" (hear councillors say carried) "#9, Councillor Whitehead."
Whitehead : "Ya, I need some - further clarification. There's a - this is a $265,000 impact on the levy, is that correct - for 2006?"
Scott Stewart - General Manager, Public Works : "Through you, Mr. Mayor. That's correct. Again, this is linked to the programs that were previously approved. So, I - just for a little bit of context, we've built a $30 million composting facility. The Carts are built; are bought. Vehicles are coming to the yard in a month."
"So, this is the piece, now, that fits employees into those vehicles for the program launch. It's about 2 months away."
Whitehead : "Okay, Mr. Mayor. Again, my concern is, is that, if we're really serious about getting the Budget down, I was just concerned that we're approving financial things, tonight, that have a net impact on the levy. And, we should be doing everything in context with the Budget."
"So, I just think it's a little - one step, out of step."
Mayor DiIanni : "Fair enough, I do have some other questioners. But, Mr. Stewart, did you want to make a comment?"
Scott Stewart - General Manager, Public Works : "Through you, Mr. Mayor. If I can try and add to it, as well."
"Again, this program is something that's been in front of Committee and Council before, of course. And, it's approved."
"We're into a program now, with a compost facility that's put or pay. So, if you collect it - and in this program, we collect it - you'll pay for it. And, if we don't collect it, we're into the put or pay scenario."
"So, I think at this stage for this piece of it, I think it's just too far down the pike to stop it. But, Committee did give us some deferrals with the other 7 positions to bring them back in the Budget process and to see if there's something that can be done, there."
Whitehead : "Mr. Mayor - "
Mayor DiIanni : "Yup - "
Whitehead : " - I respect what staff is saying. No one's indicating that is should be cancelled. This is a process issue from my perspective. We're in Budget deliberations. We have a serious issue with where we're at with the Budget. And, from my perspective, when the Budget's approved, the expenditures are authorized."
"And, pulling this out of the Budget process concerns me, because I don't see any motherhood issues when we're dealing with that."
Mayor DiIanni : "I understand. And, let's see what the will of Council is, then I'll take a recommendation other than this, if people want."
"I lost track of who was first, but Councillor McCarthy, Jackson and Bruckler."
McCarthy : "Thank you, Mr. Mayor. If we don't proceed with this, we have a collection facility without having the ability to collect anything. So, this is taken a great deal of evaluation and staff time. It was a commitment by all of Council to proceed with this."
"This, in fact, is very time sensitive. The administrative component has been delayed, given further analysis. However, this is crucial to get on with, at this point in time. We've been negotiating in partnership with other municipalities on this. This is really set to go. It - we'd probably be doing something illegal by stopping it at this point in time."
Mayor DiIanni : "Well, would we doing something - " (hear talking off microphone) " - Hang on. I know, hang on. Would we be doing something illegal by stopping it?"
Scott Stewart - General Manager, Public Works : "Through you, Mr. Mayor. Again, it would - contractual issues. I mean, we've built a facility. So, you'd have a #30 million white elephant. It wouldn't be anything illegal - "
Mayor DiIanni : " - No, no but, that's not the question - "
Scott Stewart - General Manager, Public Works : " - but, there is other contract - we've bought equipment. We've got all the contractors on board that are coming in to do the service. So, if we delay it, I think what would happen, is, we'd probably be in some sort of litigation with a delay."
Mayor DiIanni : "So, nothing illegal, but unwise from your perspective. And certainly, might break some contracts. Okay."
"Councillor Jackson."
Jackson : "Well, Mr. Mayor, just to add to that. Councillor McCarthy's our Chair of Public Works - expressed the sentiments. And, to further provide context for Councillor Whitehead, not being on the Committee: 13 positions were proposed - brand new positions. I appreciate Councillor Whitehead's questions because several of us asked the same questions last week at Committee, Mr. Mayor. And, we asked - " (all of a sudden heard another electronic tone in the Chamber, followed by someone saying something off microphone and some giggles from Council and gallery)
Mayor DiIanni : "That's a new system we have in place." (hear more giggles from Council and gallery)
Jackson : "I hope that doesn't happen in Ottawa , David." (David Sweet attended Council and was sitting in the gallery when Councillor Jackson said this, which was followed by more giggles from Council and gallery)
"Mr. Mayor, just to conclude, that several of us asked why 13 new jobs were being requested at this time. And, what we prudently did in discussions with the General Manager, was that the 6 operators positions - because, I believe, there's about a 2-month training window, as well, to get these truck driver operators up to speed in order to deliver the program the first week of April."
"And, we referred the 7 administrative jobs back saying that, that was a good compromise so that this Green Cart Program could continue. Thanks, Mr. Mayor."
Mayor DiIanni : "Thank you. Councillor Bruckler."
Bruckler : "Just further to that. We - I guess none of us want to presuppose what the Budget will bring for us. But, again, a very critical component - and, I think when we looked at the Capital, the Capital facility that we recognized that there were going to be some staffing implications that would come on line as of the opening of that particular facility."
"The other thing that's very critical is that that - by, in instituting the Green Cart program allows us to cut back on the number of green garbage bags that we're putting out there. And, I think we have delayed the number of, number of garbage bags that residents could put out, as a trial period, from the end of April to the end of 2006, so that we could have an opportunity of assessing that."
"So, I think it's very critical to the entire Waste Management Program. We need to get on with that as quickly as we can."
Mayor DiIanni : "Thank you. And, Councillor Samson."
Samson : "Yes, Mr. Mayor. Looking at this item a little further. At the bottom, it says, ' See the Information Section for further disposition of this Item .' "
"And, I think perhaps a compromise in this could be, if you look on page 10, it says, ' The balance of the recommendation .was referred back to staff to find cost savings and report to the next Committee meeting in two weeks. ' which would be next week."
"Like, I would suggest, maybe, that report should be made to the Budget, at that particular time. You know, otherwise, really, we really haven't done too much. We've amended it. Why didn't we do the whole 13 at one the time."
"So, I would just suggest that, maybe the report, rather than being to the next Committee meeting, which is next week, should be to our Budget meeting. And, at that particular time, we're going to be - the ones that had to be hired, trained and so forth, will be, will be going ahead with it. And, that's the suggestion I'd make."
Mayor DiIanni : "Okay. I sense that we're getting nearer to a decision on this. Councillor Whitehead, did you want to speak again - last time."
Whitehead : "Ya, I just, I think I'm satisfied with that explanation. I don't sit on that particular Committee. And, I appreciate Councillor Jackson's comments that the Committee members did everything they can to get as much out of the system as they possibly can. I am very satisfied with that explanation. Thank you."
Mayor DiIanni : "All in favour of 9?" (hear councillors say carried) "That's carried."
"#10" (hear councillors say carried) "# 11 . # 16" (hear councillors say carried) "Councillor McCarthy, please."
McCarthy : "Thank you, Mr. Mayor. It's been Moved by myself, and Seconded by Councillor McHattie that the 1 st report of the Public Works, Infrastructure and Environment Committee be adopted and the Information Section received."
Mayor DiIanni : "Thank you very much. All in favour?" (hear councillors say carried) "That's carried."
6.2 Planning and Economic Development Committee Report
06-001, January 17,2006
(Pearson / Mitchell - CARRIED as amended)
Mayor DiIanni : "Members of Council, the Planning and Economic Development Committee presents its 1 st report, as well, and recommends Item #1" (hear councillors say carried) "#2 . #3" (hear some councillors say carried, as well as a glass clink) "# - 2, sorry. Councillor Pearson."
COMMENT ON - " 2. ERASE Redevelopment Grant Application (ERG-05-02) - J. Beume Real Estate Ltd. - 106/127 Burton Street (PED06026) (Ward 3) (Item 5.2)
a) That ERASE Redevelopment Grant Application ERG-05-02, submitted by J. Beume Real Estate Ltd., owner of the property at 106/127 Burton Street, for an ERASE Redevelopment Grant, not to exceed $470,000 payable to J. Beume Real Estate Ltd. over a maximum of ten (10) years, be authorized and approved in accordance with the terms and conditions of the ERASE Redevelopment Agreement.
b) That the City enter into an ERASE Redevelopment Agreement with J. Beume Real Estate Ltd. regarding the terms and conditions governing the payment of an ERASE Redevelopment Grant for, and redevelopment of, 106/127 Burton Street, with such agreement to be satisfactory to the City Solicitor. "
(CARRIED)
Pearson : "Yes, Mr. Mayor, thank you. It's just good news. I just wanted to point it out to Councillors that #2 is an ERASE program ." (tape stopped sorry)
Merulla (Councillor Merulla is next speaker and begins before I can turn tape and start recording again. Sorry. But, he refers to the item, and thanks Councillor Morelli for his efforts in its success) " . his efforts with respect to this, as well. Thank you."
Mayor DiIanni : "He's the best. Thank you."
"All in favour of 2?" (hear councillors say carried) "That's carried. #3?" (hear councillors say carried, as well as a glass clink) "Councillor McHattie."
COMMENT ON - " 3. Tree Removal and Replacement, 145, 147, and 149 Green Road ( Stoney Creek ) (PED06008) (Ward 10) (Item 5.3)
(a) That the removal and replacement of six Municipal street trees along the west side of Green Road be approved, and that all costs associated with the removal and replacement of the trees by City staff, determined to be $13,074.00, including applicable taxes, be at the sole expense of the owner of the lands known as 145, 147, and 149 Green Road;
(b) That the replacement trees, to the value not to exceed $13,074.00, be planted as park trees within Gage Park; and
(c) That staff be directed to report back to the Public Works, Infrastructure and Environment Committee regarding the use of the $100,000 which was directed from the bridge over the CP Rail Line and was given or directed to Gage Park. "
(CARRIED as amended)
McHattie : "Mr. Mayor, just a clarification on this, item (b) in this recommendation refers to ' Gore Park ' and it should read ' Gage Park .' The discussion at Committee was Gage Park . So, just to -"
Mayor DiIanni : "Yes - "
McHattie : " - correct on that."
Mayor DiIanni : " - Council is not allowed to make any recommendation around Gore Park - we know that." (hear giggles from Council and gallery) "So, let's correct that. Gage Park, indeed. Thank you, Councillor." (Please note that Clerk's office had corrected the item on the City website in short order. Thank you.)
"All in favour of the report, as amended?" (hear councillors say carried) "It's carried."
"#4" (hear councillors say carried) "#5 . 22" (hear councillors say carried; and hear a glass clink) "Councillor Whitehead."
QUESTIONS / COMMENTS ON - " 22. Hamilton Idling Control By-law (PD05092(a)) (City Wide) (Item 7.1)
(a) That the hiring of one (1) full-time employee for the Building and Licensing Division to enforce the Idling Control By-law and other Municipal By-laws be referred to the 2006 Budget process for consideration.
(b) That, subject to Budget approval, the Draft By-law, attached as Appendix A to Report PD05092(a) be forwarded to City Council for enactment in June, 2006 after commencement of an Anti-idling Awareness Campaign to be delivered by the Planning and Economic Development Department staff in collaboration with community partners.
(c) That the direction in Report PD05092, April 27, 2005, to develop and implement an Anti-idling Awareness Campaign delivered in partnership with Green Venture and other community partners be expanded to include a campaign that will educate and inform the general public as well as schools.
(d) That HSR buses become subject to the proposed By-law, as and when the technology has sufficiently advanced and appropriate buses are available.
(e) That EMS vehicles become subject to the proposed By-law, as and when the technology, including the hydrogen devices, has sufficiently advanced, and appropriately equipped vehicles are available.
(f) That staff investigate the applicability of the proposed By-law to the operation of boats, including a review of the Toronto experience in this matter, and report back to Committee on this issue. "
(CARRIED)
Whitehead : "Thank you, Mr. Mayor. I just have some concerns in the - with all the pressures we have on our current Building and Licensing Division to enfor - we're talking about enforcing the Idling Control By-law."
"And, I also know - and I'm not sure how many other of my colleagues have this experience - but, I find, on occasion, you'll have neighbours that utilize the by-laws to complain about their neighbours. And, I'm just concerned this'll be yet another issue that is going to draw resources - the very little resources we have - away from, probably, some of the more serious issues in the community."
"So, I'm just going to ask from a logistics point of view, how is that going to be dealt with?"
Mayor DiIanni : "You're asking staff?"
Whitehead : "Yes."
Mayor DiIanni : "Anybody from staff - "
Lee Ann Coveyduck - General Manager, Planning and Development : "Through you, Mr. Chairman. As you can see, this is being referred to Budget for consideration. Should approval be obtained through the 2006 Budget process, then one staff would be added to the By-law Enforcement section of the Standards and Licensing Division."
"Now, it's not just that one individual that would be doing inspections, but one FTE, [full time employee] then, would be allocated throughout all of the inspectors to be able to pick up the additional workload. And, it would be done predominantly on a complaint basis."
"These are the only inspectors in the department that are able to enforce and issue tickets through the Provincial Offences for this particular item. We could use our traffic enforcement office - not for issuing tickets - but, for an educational component of the program."
Mayor DiIanni : "Councillor Merulla - "
Whitehead : "Well -
Mayor DiIanni : " - Sorry, were you finished - "
Whitehead : "Sorry, that was just - "
Mayor DiIanni : "No, go ahead - "
Whitehead : "That was the first question. Is there a report coming forward - or, did you provide that report - in respect to the - I need to understand what it's going to do - we have trouble with resources now around student housing issues at Mohawk College, for example."
"In fact, I was called by a constituent on Saturday night at midnight . And, there were 2 parties. And, they were told it'd take 3 hours to get a response. We had our own enforcement officers that were doing their job. But, there was only 2 on covering the whole City."
"And so, I need to understand the impact on dealing with those kind of quality of life issues that are impacting neighbourhoods and whether this'll pull people away from those kinds of responsibilities."
Lee Ann Coveyduck - General Manager, Planning and Development : "Through you, Mr. Mayor. All of our activities are prioritized when they do come in, in terms of enforcement action. It would be a reactive enforcement. We would wait for a complaint."
"I will mention that we do see enforcement of this particular by-law a challenge. Because, when we do get a call on a complaint, by the time we do send an enforcement officer out there, to respond to the complaint, the likelihood of that vehicle still being there and idling, is probably not that great. They may have already shut it off or moved on. And, it may be very difficult to provide that enforcement."
Whitehead : "Okay. Mr. Mayor, I'll wait until we get into the Budget process - "
Mayor DiIanni : " - Ya, because this is being Referred. And, there's going to be, I'm sure, discussion there."
"But, Councillor Merulla, you had a comment. Then, Councillor Mitchell."
Merulla : "Just quickly, with respect to the enforcement component, there are some challenges from a City-wide perspective. But, we have certain problem areas, such as schools - whether high schools or elementary schools - with parents leaving their cars idling for a number of - a significant period of time."
"Through the more proactive stands of enforcement, where we can actually have someone go out to these locations and ensure that the by-law is enforced. But secondly, just to - related to a comment that was made earlier about the significance of this."
"Had everyone been present for that particular meeting, clearly there's a correlation between idling vehicles and particulate matter being emitted into the air. Everyone recognizes the severity of our asthma levels locally. That is a direct correlation to that. And, so to minimize the significance, I think, is a little unfair."
"Also, from a positive perspective, we have to look at some of the locations that were mentioned as priority areas. For instance, Centennial and Barton, which is Councillor Collins' area. Those areas, obviously, when you have traffic congestion, one aspect that was mentioned, which I think is quite interesting, is that upon completing the [Red Hill Creek] Expressway, that congestion will be mitigated which also will lead to a better environment, as well. And, that's something that we need to emphasize. Thank you, Mr. Mayor."
Mayor DiIanni : "Okay. Councillor Mitchell."
Mitchell : "Yes, Mr. Mayor, if you're going to allow debate, I'd oppose this right now, because I don't think it's going to go through the Budget process. We didn't debate it to any great length. We had some great presentations. We learned a lot from it. I think at the committee level, we felt that there needed to be a greater education component for people to be on top of it."
"But, I definitely will be opposing this at Committee, if that's where we're sending it - or, I can oppose it tonight because we're going to talk about it tomorrow and not pass it - I don't believe. But, we need the education component done."
Mayor DiIanni : "Well, the recommendation here, is to forward it to the Budget process, unless somebody wants to change that. That's what the recommendation is. And, I sense that people want to have that debate at that point."
"Let me just weigh in a little bit on this. I think this is an important issue. It's not an issue to be minimized. One FTE enforcement isn't enough, obviously, to cover this entire city. So, we have to weigh whether we could use those dollars in educational sense better. But, it is an issue."
"And, I give you an example. This just happened in Flamborough, in fact, at the Tim Horton's just on Highway 6 and Highway 5. A big Hummer was idling there, went in for coffee and there was a Hummer idling. Nobody inside it. Somebody obviously went in - the place was packed within and leaving this car idling. And, Hummers are perhaps the best example of cars that shouldn't be idling. And yet, there it was."
"And, I don't know - I mean, it wasn't cold; it wasn't that the car needed to be warmed up - it was a person who probably just didn't shut his car - went in to grab a coffee and was in line, somewhere."
"So, education is important, and relating it to the quality of life and health issues is important, as well. But, we'll have the debate on the enforcement side at Budget, also."
"Councillor Bratina."
Bratina : "Mr. Mayor, in that case, I would suggest that you should have gotten into the car and driven it around the lot." (hear giggles from Council and gallery) "Teach that fellow a lessen."
Mayor DiIanni : "It crossed my mind. Everybody was much taller than me, that was in line. Anyway, on 22, then?" (hear councillors say carried) "Carried. That's carried."
"23" (hear councillors say carried; and hear a glass clink) "23, Councillor Bratina."
COMMENT ON - " 23. Westdale Secondary School Economics Students report on the City's Economic Development Strategy (No copy) (Item 7.2)
That the Report on the City's Economic Development Strategy from the Westdale Secondary School Economics Students be received. "
(CARRIED - with direction to staff)
Bratina : "Mr. Mayor, this is a report that Westdale Secondary School Economics students presented to the City."
"And, could I ask, through you, if we've had any staff review of their report? The reason I'm asking that is that, they made some criticisms of our process based mainly on information that we gave to them."
"So, I'm wondering if there was a review or comment on that report."
Mayor DiIanni : "Did we ask staff" (hear a glass clink) "to look at it?"
Lee Ann Coveyduck - General Manager, Planning and Development : "Through you, Mr. Chairman. I know staff do have a copy of that report. And, they did participate in it. There are a number of comments that the students made that we could be looking at and incorporating. But, I don't have a detailed report back on that."
Bratina : "Okay. Thanks, Mr. Mayor. Because, for instance: they criticize investment - our plans for the Downtown, as not being sufficient to achieve a good result; that the Cultural Sector - the Arts and so on, there's under-funding; there was a criticism of lack of communication between departments with some strident remarks there; and, there was no reference to goods movement, or rail, or other modes of transportation in a general way. So, I'd need to know from our staff whether they would review the Westdale report and comment it."
"Now, I made the comment at the time - "
Mayor DiIanni : "Sorry, Councillor Bratina. I apologize. Go ahead." (Staff assistant had come in to tell Mayor something)
Bratina : "Mr. Mayor, the report by the Westdale students was very critical in many ways. In some ways, it was quite positive. But, as I understand this report, it was the information that our Economic Development Department gave to them, which they analyzed and then brought back a report. Some aspects of which they were critical."
"And so, I promised those students that I would review it and take back to them my own comments. But I would - since they went to this trouble, and it was a very terrific report; well done - that we do make some formal response to them on those points, if I could, just as a direction to staff."
Mayor DiIanni : "And, staff is saying, that's not a problem."
Lee Ann Coveyduck - General Manager, Planning and Development : "We'd be happy to do that."
Bratina : "Thanks very much, Mr. Mayor."
Mayor DiIanni : "Okay. Thank you. On 23, then, all in favour?" (hear councillors say carried)
See Part #3
Starting with Committee Reports Item 24 of 6.2 - "Planning and Economic Development Committee" Report 06-001, January 17, 2006
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