August 11, 2004 Report – Part 5
9:30 am (9:37 am)

(Continued from Part 4 that ended at Item 7.3 "Niagara-Hamilton WastePlan - Environmental Assessment Terms of Reference" which was discussed out of order after 10.1 Resolutions of Shareholder - Hamilton Utilities Corporation, as Councillor Collins wanted time to prepare a Motion of amendment to 7.3. So now, we start Part 5 with # 11 on the original COW agenda - "Motions.")

11. MOTIONS

McCarthy (as Deputy Mayor and Acting Chair) : "All righty. Now, we're onto Motions."

McCarthy (as Deputy Mayor and Acting Chair) : "And, we've got Councillor Whitehead. May I have your Motion? I'm sorry, I'm going to entertain Councillor Sam Merulla's - pardon me?- " (McCarthy said something, I didn't hear, but whatever was going to be entertained form Merulla, wasn't or wasn't able to be at that time. Not sure of reason) "Sorry, oh that's to bad. Okay. So, we're back to you, Councillor Whitehead, then."

Whitehead : (Started speaking before turning on his microphone) ". . . on the consent, I think I had referred one back onto the agenda. Or, is that referred to another date?"

Kevin Christenson - City Clerk : (gives advice, but off microphone. I couldn't hear it, sorry.)

McCarthy (as Deputy Mayor and Acting Chair) : "Go ahead, Councillor."

(speaking regarding consent item #4.14 on the COW Aug. 11 agenda: 4.14 Quarterly Status Report on Use of Policy #10 - Emergency Purchasing and Policy #11 - Negotiations for the 2nd Quarter 2004 ( FCS04075(a)) (City Wide) )
(could not find link. But, Clerks Office should have a paper copy, as it was in this printed agenda distributed on August 11/04, Item 4.14 report dated July 14, 2004, including the appendix 'A,' both to which Councillor Whitehead refers. See also April 20/04 staff report "Purchasing Policies and Procedures Report (FCS04031) page 27, "Policy for Emergency Purchasing" as a reference at:
http://www.hamilton.ca/Clerk/agendas-minutes-reports/
corporate-administration/2004/May19/
FCS04031%20Purchasing%20Policy%20Review.pdf)

Whitehead : "Yes, I guess this is just have a question to staff. I just sort of highlighted a couple of things. And this is, as I understand, these are purchases that have taken place under a certain policy that is outside of the regular way we do purchasing. And, it is under the 'Emergency Purchasing and Policy # 11.' And, I had some questions. I had 10 purchase orders totalling '$241, 544. 68 represents short-term extensions of current contracts which have expired and unforeseeable circumstances have caused a delay in issuing a new tender / proposal document.' So, my first question is: how does this happen? To staff."

Joe Rinaldo - General Manager, Finance and Corporate Services : "In general, in any of these extension contracts they may find - if you think of a Public Works contract - they may find something on the ground that they're not aware of. And, quite frankly, it is more economical for us to continue the existing contract on that basis. That's the type of things that would happen. It's very common, if we undertake these kind of projects that we, not to know every aspect of it because some things like that are not determinable at the beginning of the process."

Whitehead : "See, my concern is that, is that this type of policy can be abused and I've seen it abused in the past. So, I just want to ensure that I have an understanding of how these circumstances are created. And, you gave me an example. Thank you for that."

Joe Rinaldo - General Manager, Finance and Corporate Services : "One of the reasons - and that's one of the very reasons we actually report on them because there's a greater level of accountability if in fact, you know, people are using this policy inappropriately."

Whitehead : "Okay. I just had some more questions on this. You have 27 purchase orders totalling $688, 000" (actual figure in the report is: $688, 318.81) "that are 'identified as single source purchases, whereby a particular vendor was recommended because it was more cost effective, or beneficial to the City.' I have a real problem with sole sourcing. Can you explain that to me. Because, you talk about the adult mosquito identification, as an example. Are you suggesting that Brock University was the only one that was qualified to provide that kind of service?"

Joe Rinaldo - General Manager, Finance and Corporate Services : "Generally speaking - although, I can't speak to that one specifically, I don't know if the department is - generally speaking the sole sources tend to be situations where we know there's one supplier that provides a maintenance - or, you know, those kind of arrangements. Specifically if you have one that or one or two that you want us to pursue and give you a further explanation - or any one of them - you want us to give you a further explanation, we'll be more than happy to do that for you, Mr. Chairman."

Whitehead : "Okay, and the last question on this particular report is that 8 purchase orders totalling '$120, 742 were declared "time-sensitive" where the time available to follow normal procedures was deemed insufficient.' Can you explain what happens in these cases?"

Joe Rinaldo - General Manager, Finance and Corporate Services : "Well, it's usually a case of an emergency. Or, some event happens and we have to respond immediately. Usually they're kind of an emergency type of thing: like Emergency Services might have a situation like that; or, if there's a disaster that happens and we have to respond and therefore, given the time constraints and the need for us to react immediately, we by-pass the process and again, we're required to report to Council whenever we do that."

Whitehead : "Okay, can I ask if I, not currently, but maybe sometime later that you and I can sit down and you can give me a breakdown of what those exactly were?"

Joe Rinaldo - General Manager, Finance and Corporate Services : "Absolutely. I'll be more than happy to sit down with you and provide you with further information on the number of these contracts."

Whitehead : "Thank you. Thank you. I Move the report."

McCarthy (as Deputy Mayor and Acting Chair) : "You've Moved the report. I thought there was a Motion to be moved. No?"

Whitehead : "No."

McCarthy (as Deputy Mayor and Acting Chair) : "No? Just a report? Moved by Councillor Whitehead and seconded by Councillor Pearson. All in favour of the report?" (hear councillors in background say carried.) "Carried. Councillor Collins, may we have your Motion?"

Whitehead : "No, no."

McCarthy (as Deputy Mayor and Acting Chair) : "No, we don't -"

Whitehead : "My Motion, now."

11.1 Motion by Councillor T. Whitehead respecting mandating full disclosure of all assets of members of Council
( Whitehead / Pearson - CARRIED)
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
committee-of-the-whole/2004/Aug11/
M%20O%20T%20I%20O%20N%2011.1.pdf)

McCarthy (as Deputy Mayor and Acting Chair) : "I thought there was another Motion. 11.1 Okay, sorry, go ahead."

Whitehead : "Sorry. We're just doing some house-cleaning on the, on one of the Consent Items. Speaking to an issue of accountability. And, this is a Motion that I've been putting forward and I sort of give some credit to the leadership of the Mayor who introduced it earlier this year. And, it was done on sort of a voluntary basis. The problem was that we explained by the Clerk that we don't have the legislative framework. And, what would happen is that any information from disclosure of Council would be open to F.O.I." (Freedom of Information) "Request. And, I concur with my colleagues that that's not acceptable. And, I don't advocate for everybody to have access to our personal investments and holdings, etc. or spouses holdings. So, what I've done, is I've had some discussions with the Minister Marie Bountrogianni, Judy Marsales, Jennifer Mossop, Andrea Horwath about a Motion I was bringing forward in respect to asking the Province to provide the legislative framework to 1) force all Council to be mandated to have full disclosure; and 2) that appoint an Integrity Commissioner or Conflict of Interest Commissioner, which all that information would go to and then any questions or any concerns by the average tax-payer in this community, they could file that with the conflict commissioner and the conflict commissioner could make a decision under the Municipal Act. Currently, the situation is that we have to, we have to, under the Municipal Act, it's a judicious process. So, you have to go to the courts. And, it's arduous and it's expensive for the average tax-payer. I'm trying to open things up and make it a heck of a lot easier for tax-payers in this community to hold us accountable. And, that is one of the reasons for this decision. I know that at the Provincial level, all MPPs are required for full disclosure. I know that staff for Cabinet Ministers are also, are responsible for, to provide full disclosure. And, I know at the Federal level it's the same thing. So, it's a bit of a catch-up. We are responsible for $1 billion of a budget. And, we make decisions on budgetary issues every year. And, I think it's a bit of a catch-up. I think the community demands openness, transparency and accountability and I think I'm just, this is one step closer. It's a little bit of catch-up with the other levels of government, but it's one step closer to attaining that goal."

McCarthy (as Deputy Mayor and Acting Chair) : "Thank you, Councillor Whitehead. And, that's been seconded by who?"

Whitehead : "Seconded by Councillor Pearson."

McCarthy (as Deputy Mayor and Acting Chair) : "Councillor Pearson. You've got the Motion in front of you. All those in favour?" (hear glass clink) "Councillor Bruckler."

Bruckler : "I just need some clarity with respect to the language and the "Therefore" clause. It says, 'require municipal politicians to disclose all financial interests, in confidence-'"

Whitehead : "Yes, if I may, basically, the way it works at the Provincial and Federal level is that all information from your disclosure would go to the - at the Provincial level I believe it's called the, no, it's the Integrity Commissioner, I think at the Federal level it's the Ethics Commissioner. So, basically, the information doesn't go to the, you know, anyone that wants it or the or the media. It goes to a person, who takes the responsibility of having all that information in confidence. That's the only person that gets to see it is that individual. Now, if a constituent in this community. Or, a tax-payer in this community believes or perceives that there's a conflict on an issue that we voted or got involved in, they would go to that Integrity Commissioner. Or, send a letter and file that issue and that Integrity Commissioner, at that Commissioner of Conflict of Interest Commission - whatever title you put on it - will take a look at the full disclosure and then take a look at the Act and then make a decision."

McCarthy (as Deputy Mayor and Acting Chair) : "Okay."

Whitehead : "Without anyone else seeing what those disclosures are."

McCarthy (as Deputy Mayor and Acting Chair) : "And, thank you. Councillor Ferguson."

Ferguson : 'Is the Province willing to perform this service, at what cost?"

Whitehead : "Well, that's what we're requesting. What I'm hoping is that we get to utilize their current Integrity Commissioner, because we're looking at 16 councillors in the, for Hamilton - including the Mayor, of course. So it's not a big cost. When I talked to the other MPPs, they were very supportive and thought that that was doable and it's very low cost."

McCarthy (as Deputy Mayor and Acting Chair) : "Thank you."

Ferguson : "So, the only people that have access to the information is that one commissioner."

Whitehead : "Correct."

McCarthy (as Deputy Mayor and Acting Chair) : "Is there any other questions on the Motion? If not, I'm going to call the question on the Motion. All in favour?" (hear councillors say carried) "That Motion is carried."

11.2 Motion by Councillor C. Collins respecting advance green signal at the intersection of Greenhill Avenue and King Street East
(Collins / Merulla - )
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
committee-of-the-whole/2004/
Aug11/M%20O%20T%20I%20O%20N%2011.2.pdf)

McCarthy (as Deputy Mayor and Acting Chair) : "And, Councillor Collins, you've got two Motions. Item 11.2 and item 11.3. Item 11.2."

Collins : "Madam Chair, Moved by myself; seconded by Councillor Merulla that Staff be directed to extend the operational times of the advanced green signal at the intersection of Greenhill & King and that the appropriate traffic by-law be passed and enacted."

McCarthy (as Deputy Mayor and Acting Chair) : "You've heard the question on the Motion. Any questions? All those in favour?" (hear Councillors say carried) "That Motion is carried."

11.3 Motion by Councillor C. Collins respecting advance green lights at the intersection of Nash Road and Queenston Road
(Collins /)
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
committee-of-the-whole/2004/Aug11/
M%20O%20T%20I%20O%20N%2011.3.pdf)

Collins : "The second one is that the North and southbound lights at the intersection of Nash and Queenston be retro-fitted with advanced green lights to accommodate vehicles turning left, that the appropriate traffic by-law be passed and enacted. The lights are already at this location; I'm asking for the arrow to be added to the, both sets of lights."

McCarthy (as Deputy Mayor and Acting Chair) : "You've heard the main Motion. Is there any questions on the Motion? Councillor Mitchell."

Mitchell : "Is there a staff to this, or a staff saying yes to this? Like, we usually get a report at Public Works and I don't have a problem with it. But, is it, or as Councillors we get asked for these left turn lanes all over the City."

McCarthy (as Deputy Mayor and Acting Chair) : "Is there anyone from staff to answer this question."

McCarthy (as Deputy Mayor and Acting Chair) : "Thanks, Scott. Go ahead, Ed."

Ed Switenky - Manager, Traffic Engineering & Operations : "Through you, Madam Chair. Signal timing is very complex. Sometimes when we have to introduce additional phases, we have to take away certain phases or certain items. In this case, here, Councillor Collins who was enquiring, what we require is to take that signal out of progression; out of the system and render it stand alone. He did ask us through e-mail to investigate it. We did investigate it and advise him with our advice. We advised against these recommendations."

McCarthy (as Deputy Mayor and Acting Chair) : "Okay. Thank you very much, Ed. You've heard the arguments pro and con. I'm going to call the question on the Motion. All in favour?" (hear councillors say carried) "Let's just go, that was, the Motion was carried. All those in favour, can I check a show of hands, please?" (majority of hands) "The Motion is carried. Thank you. On Item 11.4, sorry go ahead, Councillor Collins. Did you have any further Motions?"

Collins : "Madam Chair, I had an added Motion. And, it's as a result of some of the discussion we had this afternoon on the variance report. So, I don't know if I have to waive the rules to add an additional Motion?"

McCarthy (as Deputy Mayor and Acting Chair) : "It appears you do."

Collins : "I do - "

McCarthy (as Deputy Mayor and Acting Chair) : " - to waive the Rules of Order. All in favour of waiving the Rules of Order? -"

Collins : "Seconded by Councillor Merulla."

McCarthy (as Deputy Mayor and Acting Chair) : "Seconded by Councillor Merulla to waive the Rules of Order, to your second report. All those in favour of waiving?" (hear some Councillors say carried) "Thank you."

Collins : "Madam Chair, my Motion deals with the Variance reports that came this afternoon and there was some confusion in regards to over and under expenditures. And, we had built into the Variance Report a budget reduction plan and I would just like to avoid that in the future. And so, I would put as the first part of the Motion is:

' - that future Variance Reports include only those budget figures related to over and under expenditures'

and Part 2 is:

'- that future service level reduction plans be presented to Committee or Council under separate report .'

McCarthy (as Deputy Mayor and Acting Chair) : "Fair enough. You've heard the Motion. Any questions on the main Motion? Councillor Mitchell."

Mitchell : "I certainly agree with that. That $3.2 million should not have been under a favourable thing to be doing. Like that was totally wrong. So, I support this, then."

McCarthy (as Deputy Mayor and Acting Chair) : "Councillor Bruckler."

Bruckler : "I agree. Is there, I guess so that we could take pro-active, I guess position as quickly as possible. Is there any difficulty? I think it would be beneficial for us if we could have the Variance Report together with, perhaps, recommendations from staff, so that we might be able respond more timely. If there is a variance so we don't have the loss in time to maybe respond to these things? And, again, maybe just not sort of a one-off. Saying, well, this is the way it's going to be. But say, here's the variance. Here are a couple of options that council could make a decision on so that we could move forward with that kind of adjustment as quickly as possible. I'm not sure if that's an amendment or - "

McCarthy (as Deputy Mayor and Acting Chair) : "Can that be direction to staff? Or, an amendment to the Motion? Direction to staff. Is that sufficient?"

Joe Rinaldo - General Manager, Finance and Corporate Services : "Yes, as you know that the Variance Report is attempting to ensure that we don't go over budget at the end of the year. And that's what we're trying to do in the Variance Report. But, yes, we'll attach - what you're asking for is companion reports - which goes to the Committees explaining the service level changes.

McCarthy (as Deputy Mayor and Acting Chair) : "Does that satisfy you Councillor Bruckler? Okay. And, I'm calling the question on Councillor Collins' Motion. All in favour? (hear councillors say carried)

11.4 Appointments to Boards/Committees (NO COPY)

McCarthy (as Deputy Mayor and Acting Chair) : "We're onto Item 11.4 and I think the Clerk's Department's prepared to speak to this item?"

Kevin Christenson - City Clerk : "Thank you, Madam Chair, what's before Members of Committee is a recommendation to fill certain vacancies left as a result of Councillor Powers' election to Federal Government. We had circulated all Members of Council asking if anyone was interested in filling the three vacancies that we've indicated on this report, or on this recommendation. Councillor Merulla had indicated that he had interest in serving on the Hamilton Conservation Authority. So, being the only person that did advise that he was interested, we place that name before Council. We have the other two here that are required. The second one, in terms of the Corporate Administration Committee, we have a requirement to fill that position temporarily, until such time that the by-election takes place and we can get to the point of filling it by whoever's elected. That's required because of our procedural by-law and the third one is for the Water Strategy Implementation Committee, to fill that vacancy, as well. So, we're looking at having those two, those two other vacancies nominated and filled today and -"

McCarthy (as Deputy Mayor and Acting Chair) : "So, you're looking for nominations right now. Any Members of Council - Councillor Ferguson."

Ferguson : "Madam Chair, Councillor Kelly indicated some interest in (b)."

McCarthy (as Deputy Mayor and Acting Chair) : "Some interest in what was that? In Corporate Admin.? Sorry. Okay. Does it have to be Moved and seconded? Okay. There you go. Bernie" (Morelli) "seconded. All those in fa - "

Kevin Christenson - City Clerk : "Actually Madam Chair, what you're doing is you'll fill these and then you can vote on all three at that time. So right now, if there's only the one nomination, then we'll put Kelly's name in there -"

McCarthy (as Deputy Mayor and Acting Chair) : "Okay, and we need - can you name out the other one, because I don't have it in front of me?"

Kevin Chistenson : "The other one that we're looking for is that a Councillor be appointed to the Water Strategy Implementation Committee -"

McCarthy (as Deputy Mayor and Acting Chair) : "Water Strategy. Is there any takers on that one? Water Strategy?" (off microphone, someone Moves that Brian - McHattie goes on it - some giggles from Council because someone says something funny in conjunction with this.) "That Councillor McHattie be appointed to that Board. Moved by Councillor Morelli and seconded by Councillor - " (someone says no, the other way around) "Yes, all those in fav - oh, you don't need that. Okay. And the third one. Is there another one to be filled?" (some direction from Kevin Christenson, City Clerk off microphone and Councillor Mitchell was saying that Councillor Powers needed to have his vacancy filled on the Niagara/Hamilton WastePlan) "WastePlan. Okay. Is there any takers for the WastePlan" (discussion off microphone.) "That we just discussed. Councillor Collins' motion just went through for it." (more discussion off microphone suggesting that Councillor Collins go on that committee.) "I think he's respectfully declining. So, is there another. Councillor Bruckler, how's your schedule?" (Councillor Bruckler says that he is already on that committee. More discussion happens, with a few giggles inbetween) "So, we still have one vacancy, then, to fill and that's to replace Brian, now. Go ahead, Mary." (discussion off microphone cannot make out what is being said) "Brian, where you going on this one - don't want to do the Water?"

McHattie : "I mean, this brings up the huge question, right? We don't have enough Councillors to sit on these committees and that's a whole new issue we need to address at some point in time. But, we've got an incoming Ward 2 and incoming Dundas Councillor. So, I would think that they would have to be on committees. If 'temporarily' means 'temporarily' and you're off it as soon as you can get a, perhaps the Ward 2 or Dundas Councillor on it. Or, if I wanton it, do I have to resign from it? What's the process."

Kevin Christenson - City Clerk : "Through you, Madam Chair. The only one that's temporary on here at this point is the Corporate Administration Committee. The other two, you could rescind afterwards - after the two new members of Council had been appointed and then - "

McCarthy (as Deputy Mayor and Acting Chair) : "Is that the will of committee? Where we going on this one?"

McHattie : "As long as it's temporary. I know it's not temporary by the text in here. But, as you know, it's just a question of too many committees and you can't show up to them all and that's not helping anybody. So - "

McCarthy (as Deputy Mayor and Acting Chair) : "Okay. So, we put you down for 2 and one temporarily. Okay. All those in favour of those three?" (more laughter ensues) "On the Motion? (hear Councillors say carried.) Carried. Thank you. Members of Council are there any other Motions? Hearing none."

12. NOTICES OF MOTIONS

McCarthy (as Deputy Mayor and Acting Chair) : "Members of Council are there any Notices of Motions?"

None

13. GENERAL INFORMATION

McCarthy (as Deputy Mayor and Acting Chair) : "And, Members of Council, is there any General Information that you wish to share? No. (laughter) Okay, Councillor hurry up."

Braden : "Madam Chair. Councillor Morelli's still here. I just - he's not. But, the idea that he's working with that high school, getting people to work with the elderly, that people need their sidewalks [cleared of snow] that's a good thing. We need to impress on him that he needs to share that with us, because that's one possibility of solving a big problem."

McCarthy (as Deputy Mayor and Acting Chair) : "Thank you. Council, we have an 'in camera' item and we've lost quorum. Well, that might have to be held over, Joe. Are they coming back? So, we're going in camera if I can get a quorum to move in camera - " (tape stopped)

None

Council went 'in Camera'

14. PRIVATE AND CONFIDENTIAL

14.1 Corporate Services Budget Reductions - $500,000 (FCS04104) - To be distributed

(from City of Hamilton minutes, this item was moved and seconded 'to be received')

15. ADJOURNMENT (again from City of Hamilton minutes adjournment around 3:25 pm)

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