March 15/04 Report
Scheduled start time: 9:30 am, Actual start time: 9:40 am, Adjournment 11:00 am

Committee Members Present:

• Chad Collins (chair) (in at 9:30)
• Dave Braden (in at 9:43)
• Phil Bruckler (in at 9:30)
• Murray Ferguson (in at 9:35; out at 10:10; in at 10:15)
• Margaret McCarthy (in at 9:40)
• Sam Merulla (in at 9:30; out at 10:00; in at 10:15)

Committee Members Absent:

• Tom Jackson
• Dave Mitchell

Media Present:

• Eric McGuinness (Spectator)
• Ken Mann (CHML)
• Kevin Werner (Brabant)

1. Declarations of Interest

None

2. Changes to the Agenda

Added Item 13.1 LS04003 - City Hall Accommodations Project (City Wide)

3. Approval of Minutes

Approved

4. Delegation Requests

4.1 East Hamilton-Stoney Creek Health Association, P.O. Box 66558, Stoney Creek, March 1, 2004, respecting tree planting in the Red Hill Valley.
http://www.hamilton.ca/Clerk/agendas-minutes-reports/
public-works/2004/Mar15/Item%204.1.pdf

The EHSCHA would like the City to plant trees on properties of homeowners and businesses as well as in Red Hill Valley. (Merulla/Ferguson)

4.2 Jay Jelinek, 96 Tom Street, March 5, 2004, respecting City's snow removal policy.
http://www.hamilton.ca/Clerk/agendas-minutes-reports/
public-works/2004/Mar15/Item%204.2.pdf
Ten residents of Kirkendall neighbourhood submitted letter urging City to discontinue practice of clearing salt and chemical-laden snow drifts onto front lawns as this is damaging to gardens. (Bruckler/Ferguson)

4.3 Tracy Fox, 302-50 Mohawk Road West, Hamilton, March 5, 2004, respecting noise and heavy trucks on Mohawk Road West. (Ferguson/Bruckler)
http://www.hamilton.ca/Clerk/agendas-minutes-reports/
public-works/2004/Mar15/Item%204.3.pdf

4.4 Last minute addition: correspondence from Solicitor. (McCarthy/Merulla)

5.  Items Referred from Council

None

6. Consent Items

The consent items (6.1 to 6.3) were approved without debate. (McCarthy/Bruckler)

6.1  Gatestone Drive at Highbury Drive - All-Way Stop Control (PW04030) - (Ward 9)

6.2  Around The Bay Road Race - (PW04031) - (Wards 1, 2, 3 and 4) This item approves the necessary road closures and associated operations required to conduct the Around the Bay Road Race.

6.3 E-Mail from Councillor S. Merulla, March 2, 2004, respecting his notice of resignation from the Community Liaison Committee of the Woodward Avenue Sewage Treatment Plant. Councillor Merulla is withdrawing from this Committee due to an overwhelmingly demanding schedule.

7. Public Hearings/Delegations

Having audio-visual difficulties (unable to get image on central screen) so Councillors were required to sit in public gallery to view the presentation on the side-screens.

7.1  Paul Smeltzer, P.Eng., Executive Director of the Ontario Concrete Pipe Association, respecting the use of precast concrete pressure pipe for large diameter watermain applications. Has been pulled and will appear before Public Works Committee at next meeting.

7.2  Stop Up, Close and Sell Public Assumed Alley Between 14 and 18 Mary Street, Hamilton (PW04013) (Ward 2).

http://www.hamilton.ca/Clerk/agendas-minutes-reports/
public-works/2004/Mar15/PW04013.pdf
Public Works staff person, Marilyn Preston, presented request by Lyric Century Apartments to incorporate public alley into a condo development at the site of the former Century Theatre. No objections have been received from any municipal departments of from the neighbourhood. No members of the public wished to speak to Committee on this issue. (Merulla/Bruckler)

7.3  Stop Up, Close and Sell a Portion of Unopened Road Allowance Between Concessions 11 and 12 (PW04026) - (Ward 15) (McCarthy/Braden)

http://www.hamilton.ca/Clerk/agendas-minutes-reports/
public-works/2004/Mar15/PW04026.pdf

The applicant is Stein Resorts Inc. (Four Seasons Family Nudist Resort). The Resort owns the properties on either side of the subject road allowance and the intent is to merge these properties into a larger parcel of land for future development (according to the report) and for improved water quality/septic system (according to Councillor McCarthy).

Notice was circulated to property owners within a 400' radius of the proposed closure (6 total) and they received 1 in favour and 2 opposed. Oppositions were due to concerns with driving and turning off and onto Hwy. 6. Carlisle and Waterdown would be more accessible if at some time the City constructed a road on this unopened road allowance.

It was noted that Stein Resorts is currently (illegally) occupying part of this unopened road allowance and earning income on this occupation.

As Concession 12 is currently not travelled and there are no municipal plans to develop a road through this area, staff supports this application.

McCarthy: "I'm in favour of this, I just wish this report had mentioned that this is really based on a health issue to bring the water up to acceptable drinking standards as opposed to a development issue. That is really very secondary according to what has been dealt with historically on that property. So I'd like that somehow put in the minutes for public record, please."

Concerned Neighbour: "There's a few concerns here. I don't know how many trailers these guys have on that road allowance right now and he's been collecting rent money for years off this property that the City owns. In my mind, that's not right. He should have had that stuff moved off long ago and I don't know why the City or the Town of Flamborough hasn't done anything about this. We have sent letters about this before. On this farm that he owns on the other side, he's put in a big septic tank system and I think it's a health concern because it's low-lying swamp land. He wants to join this system across the road. This is agricultural land. It hasn't been rezoned for anything of this magnitude to go in. I've phoned the City and they had no knowledge of this huge septic system going in."

Paul Wyegood (Acting President, Waterdown Sportsman's Club): "Our club is adjoining the Stein property as it is today. We've had some issues in the past with water pollution from the Stein property. It is very low land and there have been numerous reports of contaminated water in the wells in the immediate area. That is the major issue. The other thing is the access to the highway (Hwy. 6). There is a tremendous amount of traffic on that road and it would be a good idea from our point of view to allow access to the Centre road for the trailers that are in the Stein property as well plus the future development. Trying to get people on that highway is going to be. somebody's going to get killed. Our major concern, though is water pollution. There have been issues in the past, they have not been resolved and it is past the date that they should have been resolved."

James Webb (Land-use Planner, GSP Group on behalf of applicant): "I'm speaking to you today on behalf of the owners of the property, Four Seasons Resort. We are in support of the recommendations. This is the culmination of a major effort on behalf of Four Seasons to correct an existing situation that does not meet existing regulations of the Ministry of the Environment, disconnect a number of existing services and put in place a brand new state of the art comprehensive sewage treatment facility. The net benefits are significant. The new system would meet all the requirements of the Ministry of the Environment and all approvals are in place for that system to be operated in the location where preliminary construction has occurred. I just wanted to speak in favour of the application and I'm here to answer any questions the Committee may have."

McCarthy: "James, what safety mechanisms are in place to ensure that the system goes ahead and meets the standards and goes through in a timely way?"

James Webb: "The approval was through a permit issued through the Ministry of the Environment (MOE) which has included the payment of financial securities by the owners to ensure that a pool of capital is available in the event that they don't complete the system, the MOE has the ability to use that capital to complete the system. The owners only get that security released once the system is up and running. The MOE issued an order on the property to get the system improved. It is a cooperative effort between MOE and Stein to get the system operational as soon as possible.

We are subject to a construction window. The road allowance passes through every layer of environmental sensitivity possible-we have wetland, ESAs, PSWs. Having said that, I can assure you that where the system is going has been extensively studied and it is the proper location with regard to all these matters. There is a heronry in there and we, for that reason, have about a two-month construction window when we can do work so as not to disrupt the nesting of the herons. That window is coming very soon-it's in the late spring/early summer so that is our target to get things done.

McCarthy: "Because of the sensitivity of those lands, what would be the likelihood of having a road pass through there, given some of the concerns that were raised. Would that be prohibitive because of the nature of the environmentally sensitive area (ESA)?

James Webb: "It would be more appropriate for boats, rather than cars. As you move further east from the Four Seasons property you have a significant flood plain from a creek and again, every layer of environmental sensitivity. We looked at it and we didn't think that for all of those reasons that it be in the best interest to actually construct a road and destroy all that habitat."

Braden: "Mr. Webb, is the system somewhat in place now but merely not hooked up?"

James Webb: "Correct, the permit allows them to install the sytem, but does not yet allow them to use the system at this point."

Braden: "This is something that is being brought up at the instigation of your client, not by the City? Correct? Can you tell me, is it true that the system has really been sized not only for the development that is existing now but in the hopes that the development can get much larger?"

James Webb: "The system that is installed today, it's ability is based on volumes of ethel. What's being put in the ground today is being designed for the existing development. These systems are designed for future expansions if such are warranted and receive the necessary approvals."

Braden: "Can you tell us what plans there are for expansion?"

James Webb: "They do have applications before the City right now on hold, because of the Minister's zoning order, but they do have applications for an Official Plan amendment and a Zoning By-Law amendment to allow. I'll divide the property into two pieces: north of the road allowance and south of the road allowance. And you'll recall from the Flamborough days that there has been an ongoing application since about 1994 to regularize an existing use. People are living there seasonally, people are living there year-round-but the property does not have all the existing approvals for that. Those applications are still pending. Pending completion of the zoning order, those applications will resume their process. There is a second application that has also been submitted for the south property, the farm property, to permit seasonal occupancy only. But the matter of the sewage system locating on the far property and the need to acquire the road allowance which essentially is the key connection, solves the immediate concern for the existing and legal use of that property."

Bruckler: "I'm somewhat concerned about this ongoing utilization of the unopened road allowance without the permission of the municipality. Having said that, we've heard concerns about re-zoning and appropriate zoning which I understand is in the mill and is moving forward. The environmental concern, really then has nothing to do with the transfer of the road allowance. As I understand, the environmental issues should be improved?"

James Webb: "Yes, this property is in a sensitive ground-water area. The historical services of the property have been a mish-mash. There has been a wide variety of systems on the property. No one single new system is in place. The plan is to disconnect every single existing sewage treatment facility on the property and connect to this new system which is in a much better location and is designed to current standards and ensures that now any effluent coming out of that system into the groundwater is clean. So. net improvement to the natural environment? Absolutely.

Collins: "The contaminants that are in the ground already, any efforts to remediate that?"

James Webb: "I don't believe so. I don't think that any have been identified by the Ministry that have warranted further investigation."

Brucker: "The request here today will have no net impact on the environmental concerns beyond what we have today."

James Webb: "The proposal has been subjected to significant study by qualified environmentalists, we submitted and environmental impact study, it's been to the City's environmental review committee and has received their approval."

McCarthy: "Not that I'm leading the witness, Mr. Chairman, but given the analysis that has taken place and the upgraded system that is proposed, the neighbours in fact could be assured that what has been attributed to poor water quality is going to be rectified by a new system. Is there the ability to do testing on the neighbour's wells to determine whether there is some remediation that needs to take place paid for by your client?"

James Webb: "I would have to speak to our hydro-geologist to determine if there is any connection with the direction of ground-water flow and the location of their wells. If, in fact, there are any identified concerns, there are ways to determine whether the Four Seasons property is contributing to any contaminants. I can ask our hydro-geologist."

McCarthy: "To staff, is there any kind of 'stick' that we have that we can use to actually impose that kind of regulation/suggestion?"

Peter Crockett (General Manager, Public Works): "If there is a re-zoning requirement, it would have to go through that process, where a number of controls exist, and be imposed as part of that. The facility would be installed under MOE requirements so we wouldn't have a handle on that."

McCarthy: "Mr. Chairman, I'm going to move the recommendation that is before us. As I said earlier, this is more about a health issue than an expansion issue and I would like the transference of information that happened here today and the questions that were answered to be collected and put in the record."

Braden: "Do we have a policy with regard to unopened road allowances? Is it driven by individual applicants? Or do we have a policy to encourage or discourage? I need to know what the normal response is."

Marilyn Preston? (Staff, Public Works): "At this point, it is just based on individual persons or agencies, filling in an application with a brief description of why they are interested in purchasing the road allowance and then we start that process of first sending the notice out to City departments to see if there are any objections right off the bat."

Braden: "Going back about 10 years, Mark Shurvin and myself saw a lot of unopened road allowances in the country. Former concessions, roads just like this. But not necessarily through swamps. We stopped the generally positive response to closing these things up and selling them and one of the really good things that has happened as a result is the LaFarge trail. You can walk from where I live at the Puslinch corner and you can walk all the way down on what was formerly an unopened road allowance and get all the way down. I just take this opportunity to say that we need to be aware: 50 years from now if the most popular activity is going to be walking (I won't be around in 50 years) but the population will be older, we'll be a little more civilized, and I think we may want these things. For passage-ways of some sort if not just for walking. I take this opportunity to say this now, because we wouldn't have had the Lafarge Trail if we went ahead and sold it-we had people wanting to buy that stuff."

For more information on the Lafarge Trail visit: www.conservationhamilton.ca/parks/visit/trails.asp

Moved by McCarthy, Seconded by Braden

Collins: "Thank you Councillors, this will go to Council next week for final approval."

8.  Staff Presentations

None

9. Discussion Items

9.1  Option to Purchase: 369 Ferguson Avenue North - Purchase from Jose Magina and Olga Magina Report (PW04032) - (Ward 2) This item deals with the property acquisition of one of the required properties for the construction of the Ferguson Avenue Bridge to replace the Mary Street Bridge. No debate. (McCarthy/Bruckler) Carried unanimously.

9.2  Approval to Expropriate for Sanitary Sewer and Access Easement Over Parts of Municipal No. 952 Queenston Road, Stoney Creek - (PW03119a) - (Ward 9)
http://www.hamilton.ca/Clerk/agendas-minutes-reports/
public-works/2004/Mar15/PW03119a.pdf
Easement rights are required at 952 Queenston Road (JP Furnishings and Interiors at Stoney Creek and Watson Park just east of Fiesta Mall) in order to permit the extension of a sanitary sewer system and to provide access to these lands for future maintenance purposes. According to the staff report, the extension will eliminate the need for the existing sewage pumping station situated at the Donn Ave and Burwell Ave intersection that has reached its life expectancy. This extension allows for the operating of a conventional gravity sewer system and hence reduces ongoing power consumption, costs, and risk of mechanical failure.

To date, negotiations to acquire the easement from the property owner have been unsuccessful and so staff is recommending that expropriation proceedings commence.

Some comments by Bruckler advising staff to consider alternate access points to the area as they move forward to avoid having to expropriate all of the proposed parcels of land. (Bruckler/Braden) Carried unanimously.

** With Councillors Merulla and Ferguson out of the room, Irene Sturgeon (interim Public Works Legislative Assistant), expressed concern that quorum was lost. Collins replied that they still had 4 councillors and that was all Public Works needed for quorum.

9.3  Draft Solid Waste Management By-law - (PW04034) - (City Wide) http://www.hamilton.ca/Clerk/agendas-minutes-reports/
public-works/2004/Mar15/PW04034.pdf

The purpose of the by-law is to formally harmonize waste collection services across the City, to establish starndards reflective of current waste collection practices and to establish set fines for violations which will facilitate an effective enforcement system.

For more information on the Solid Waste Management Master Plan visit:

www.hamilton.ca/public-works/Waste-Management/SWMMP/

The By-Law will include:

1. Eligible Properties
2. Mandatory Diversion Programs (recycling and leaf yard waste)
3. Quantities, Frequency and Conditions for Setting Waste out for Collection (with fines for those who exceed prescribed number of containers)
4. Container Limits (including enforcement strategy)
5. Specific Issues (i.e. household pet waste, sawdust etc.)
6. Physical Constraint Exemptions (i.e. properties with inadequate space to fit all the appropriate waste containers)

Beth Goodyear (Staff, Public Works) further explained that the By-Law is to "consolidate all the various changes made to waste collection services over the last 3 years and to harmonize the 6 by-laws from the former area municipalities and the Region. It will also focus on waste diversion, making recycling and leaf-yard waste participation mandatory. It will give us the tools to enforce existing programs and to reach the 65% diversion target. This by-law doesn't have an enforcement strategy presented in the report today. We will be reporting back with that in conjunction with the three container limit work that we have been doing and the pay-as-you-throw systems as well so that you can see how this evolves into 2006." "Our plan is to set April 19 as the Public Meeting date to take public comments on the by-law. and then we will be reporting back with any changes to the by-law."

Collins: "So just to be clear, the report is before us here today to direct staff to go to a public meeting to receive comment from the public on the proposed by-law and just to be clear, Peter you had recommended that items c) and d) either be deferred or tabled."

The following Recommendations (c) and (d) were TABLED (Merulla/McCarthy) until such

time as staff could report back to Committee on the outcome of the public meetings:

(c) That, subject to the public input received, the By-law be approved; and

(d) That the General Manager of Public Works be authorized and directed to prepare and submit to the Ministry of the Attorney General an application for a Judicial Order to establish set fines respecting the subject By-law and including proposed fine amounts as set out in Appendix 2 to Report No. PW04034, attached hereto.

Recommendations (a) and (b) were approved by the Committee. (Braden/Bruckler)

1. That the draft Solid Waste Management By-law be endorsed for the purpose of holding a Public Meeting;
2. That a Public Meeting be scheduled for an upcoming meeting of the Public Works Committee.

10.  Motions

None

11.  Notice of Motions

None

12.  General Information/Other Business

1. (i) Councillor Ferguson expressed concern over the constantly malfunctioning audio/video equipment in the Council Chambers. Ferguson: "Several times we've been embarrassed by the malfunctioning equipment. can we get it fixed?" Collins: "Good point-can we have staff report back to Committee-I mean this Council Chamber isn't that old. So I'd ask what the warranty is on a lot of the improvements that we've undertaken over the last several years." Crockett: "We're just waiting for a part for the mic. As for the AV, we'll check that out. I know it is an embarrassment to say the least." Committee requested that staff look into having everything repaired as soon as possible.
   
2. Chairman Collins raised an issue on behalf of Councillor Mitchell (in his absence) with respect to requesting a review of the maintenance agreement of Westbrook Road. Currently there is an agreement in place between Lincoln County and the former Township of Glanbrook which outlines who is responsible for the maintenance of Westbrook Road and this has become problematic for the residents and confusing for the police.
   
   On a motion (Ferguson/McCarthy) , staff was requested to review the Maintenance Agreement for Westbrook Road and report back to Committee on this matter.
   
3. In response to correspondence that he received from a Mrs. Jennifer Holmes-Dziuba, Councillor Merulla requested staff to undertake a feasibility study regarding the painting of cross-walk lines and/or the establishment of an all-way stop at the intersection of Lucerne and Homesdale Avenues in Hamilton.
   A copy of Ms. Homes-Dziuba's correspondence was provided to the Clerk for public record.
   On a motion (Merulla/McCarthy) , staff were requested to look into this matter and report back to Committee.

13.  Private and Confidential

Collins: "We do have a private and confidential report in regard to the City Hall matter so I would ask at this point in time if I could have a motion to move into camera."

(Ferguson/McCarthy)

The Committee went into camera at 10:30a.m. and 25 minutes later reconvened in Open Session at 10:55a.m. As the public and media filed back in, Councillor Ferguson read a motion on the following recommendation that lost on a tie vote;

LS04003 - City Hall Accommodations Project (City Wide) (Added Item 13.1)

(a) That the Evaluation Team for City Project C3-03-03 be directed to complete the evaluation of Proposals under the terms and conditions of the Request for Proposals and report back to Committee and Council with their recommendation; and

(b) That Proponents be advised that the City has made no commitment to the completion of the City Project C3-03-03 irrespective of the outcome of the evaluation process; and

(c) That Proponents be advised that the City continues to rely upon its right to cancel the Request for Proposals, without award of any contract, irrespective of the merits of individual Proposals or of the outcome of the evaluation process; and

(d) That Proponents be advised that should they chooses to withdraw their Proposals at this time, provided that they execute a Release, satisfactory in form an d contents to the City Solicitor, that the City will release their bid securities; and

(e) That a few members of the Public Works, Infrastructure and Environment Committee be appointed to participate with the Evaluation Team on City Project C3-03-03.

Braden: "Going behind closed doors is never a good thing-if there is good information and we can explain that to the public and they know that, I think we have an obligation at least to try this. I think this motion is going to pass so I think that we need to do a better job of explaining it. In case it does, I would like to see our staff get the kind of information out there so this looks like it is reasonable as opposed to secretive."

Merulla: "I wasn't going to say anything, but I guess I can't help myself. I'm just concerned with the direction we're going in and the inconsistencies surrounding the direction we're going. Just the other day, I tried to bring forward a motion to have Council review issues regarding freedom of information and I was criticized for politicizing that particular issue. Now we're dealing with a potential $100 million expenditure with private developers, and in-camera sessions, and closed-door meetings, and suddenly this is a direction that we can proceed without potentially being criticized for it. One thing I remember from my social service years is that when you have an inconsistent, unpredictable, and somewhat chaotic environment, you have a dysfunctional environment. And you know what my friends. we are in a dysfunctional environment. Thankyou Mr. Chairman."

Bruckler: "The reason I strongly support this recommendation is that this is a very visible, very high concern to the community. What we're trying to achieve is the best value for the community, recognizing that we have a problem here at City Hall with the condition of City Hall. We need to make repairs. If we are going to address this issue, then we need to have all of the information available to us. Legal has indicated that this is a normal part of the process. The participation of Councillors in this review process is perhaps not the norm, but I think under the circumstances, and the high visibility of this project in the community, it is certainly merited in this instance."

Ferguson : "It is no surprise to the Committee members, but I strongly support this as well. This is a huge, huge, issue for our constituents and we're in a crunch situation with our current facitilities. It's totally inefficient. It's been ignored for 40 years. We have to come to resolution on this issue. If we adopt this motion we are not beyond the point of no return. I think that has been made abundantly clear."

Yeas: Councillors Braden, Bruckler and Ferguson

Total: 3

Nays: Councillors Collins, McCarthy and Merulla

Total: 3

The Committee requested (Merulla/Ferguson) that this item be brought forward at Council on March 24, 2004 with the note that it did lose at Committee and as such was a recommendation against.

For more details on the City Hall Accommodations Project see item 8.1 from the February 2, 2004 meeting of Public Works, Infrastructure, and Environment Committee:

www.environmenthamilton.org/CATCH/public/pub_040202.htm

For an interesting history of Hamilton's City Hall visit:

www.hpl.hamilton.on.ca/Collections/landmark/cityh.shtml

14. Adjournment

The meeting of the Public Works Infrastructure and Environment Committee adjourned at

11:00 a.m. (Ferguson/Merulla)

Report by Andrew Curran, Citizens at City Hall (CATCH)