March 14/05 Report
Start: __ am. Adjourn: 11:15 am

Present : Mitchell (chair), McCarthy, Merulla, Ferguson , Jackson , Collins, Bruckler, Braden. Ferguson and McCarthy were absent for part of the meeting.

Also present : Di Ianni and Bratina for part of meeting.

Media: McGuinness (Spectator), Mann (CHML), Werner ( Brabant )

CATCH recorder: Don (arrived about 10:10 am at end of consent items).

5.1 Expressway Implementation Committee Sub-Committee report 05-001, February 7, 2005 . Note this item was not included in the internet posted agenda but did appear in the printed agenda. Report notes decision to name expressway either Lincoln Alexander Parkway or a name that incorporates Red Hill. "it was the will of the EIC to exclude all other names from consideration." (see item 7.1)

Renumbered to 5.1.1. (7.1) Pat Valeriano, January 20, 2005, respecting naming the North-South Expressway, Jack MacDonald Parkway. (Approved February 14, 2005 ). CATCH reporter not present for this item, but was told it was referred to the naming of public buildings sub-committee.

6. CONSENT ITEMS

6.1 To Incorporate Certain City Land Into Various Streets by By-law (PW05002a) - (Affects Wards 7, 8, and 15)

6.2 Project Update - Water System Summary Report WSS-05-002, from Jim Harnum, Senior Director, Water and Wastewater Division, March 3, 2005.

6.3 Project Update - 2005 New Full and Pedestrian Traffic Signal Installations NFPTS105-01, from Bryan Shynal, Director of Operations and Maintenance, March 3, 2005 - Outstanding Business List Items Z and M

All consent items were adopted without discussion.

7. DELEGATIONS

7.2 Kevin Dhinsa, February 9, 2005 , respecting sewer and road services at the Fifty Point development. (Approved February 14, 2005 ). CATCH reporter arrived during discussion of this presentation. Councillor Mitchell moved a motion to get a staff report on options for extending services to this area. They are on septic systems. Whitehead says situation is not unique, notes similar situation in Ancaster and in his ward near Stone Church . Doesn't want to give one area "any special latitude". Should be cost recovery, not set precedents. McCarthy : Agrees. Has properties that have failed to get city financing their infrastructure. Legal ramifications to changing the policy. Dangerous precedent. "If the policy we've set is inadequate, inept or insufficient, then you change the policy framework. You don't go outside that for exceptions. There's too many of them." Minimum need for legal report. Mitchell : This area has different situation. Several areas with private roadways and septics along Lake Ontario in Stoney Creek . "they have to be dealt with, and if we have to come up with some kind of plan that's unique to that area, I would suggest to you that it is very unique. Environmental concerns are there because of Lake Ontario , because of past history" "All these homes can see the pumping station from their windows. It's right there. They're living on a road that's tar and chip and the rest of the roads are all paved. There can be quite a presentation made that there has to be something to correct this." Jackson "emphathizes" with McCarthy and Whitehead. Asks about content of report. Mary Lou Tanner says no development charges available to offset costs to existing residents. "Our options are limited". Bruckler : Wants to see all information from staff. "Perhaps even look at the historical - why Stoney Creek didn't .provide some of those services." Motion moved by Bruckler and Jackson and passed with McCarthy opposed. Braden asks for legal implications to be included in report. 

8. STAFF PRESENTATIONS/PUBLIC HEARINGS

8.1 Implementation of a Sewer Lateral Management Policy (City Wide) - (TOE02203b) - Supplementary Report - Public Works, Infrastructure, and Environment Committee Outstanding Business Item (B)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
public-works/2005/Mar14/TOE02203b.pdf
Extensive discussion but general agreement on staff proposal. " Sewer Lateral Repair program and Sewer Lateral Tree Root program, that both are onerous to administer and no longer provide best value to the property owner or the City. The programs are based on reimbursing property owners for costs incurred and therefore do not afford City staff the opportunity to fully assist property owners during a period of service disruption. Nor do they provide the City a means to control its costs. ,,, the proposed program will provide property owners who have tree roots from a City tree entering their Sewer Lateral-Private Portion a reimbursement of up to $1,500 towards the cost of a permanent Sewer Lateral-Private Portion repair or replacement. This reimbursement will replace the assistance provided under the existing Sewer Lateral Tree Root Policy."

8.2 Implementation of a Sewer Lateral Management Policy (City Wide) - (TOE02203a) Public Works, Infrastructure, and Environment Committee Outstanding Business Item (D) TABLED at December 6, 2004 meeting This policy is replaced by item 8.1. It was received for information with no discussion.

9. DISCUSSION ITEMS

9.1 Municipal Act Project - Sanitary Sewer on Glancaster Road and Rymal Road - (TOE02145b/FCS02092b) - (Wards 8, 11 & 12 with City Wide Implications)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
public-works/2005/Mar14/TOE02145b.pdf
Braden : Opposed to this. Says "city's putting up $400,000 and the people are putting up $350,000. In blunt terms, it's another bailout . there's got to be a limit to the extent that we bend over and try to be all things to all people at our expense. . I for one am suggesting that this is a ludicrous amount of money for the ratepayers have to pay for a particular area to get bailed out when they have a responsibility themselves." Mitchell says "there's a long history of this one . to get this job done and hopefully we don't have too many more places where we have three different municipalities and three different sets of hydro towers . all crossing at the same intersection." Then immediately moves for adoption. Carried.

9.2 2004/2005 Specialized Transit Fleet Purchase (D.A.R.T.S.) (PW05027) (City Wide)
http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
public-works/2005/Mar14/PW05027.pdf
Recommendation is to purchase 9 high-floor DARTS vehicles and 9 low-floor. Previously city had a policy to only purchase low-floor. " High floor buses have the lowest capital cost at $61,883.87 versus the low floor capital cost of $130,380.21, with both vehicle types having the same life expectancy of seven years. It is anticipated that the Transit program will continue to face extraordinary budget pressures well in excess of the rate of inflation for the foreseeable future. For this reason, staff is of a view that every reasonable effort must be taken to explore new opportunities to control costs." Change is opposed by the Senior's Advisory Committee and the Advisory Committee for Persons with Disabilities. Adopted without discussion.

10. OUTSTANDING BUSINESS LIST UPDATES

10.1 Item B , Maintenance of yard sewers and private drains, due date March 14, 2005 - see Item 8.2 above

10.2 Item C , Traffic safety audit of the Gurnett neighbourhood, due date March 14, 2005 - see page 5 Whitehead notes that this is ongoing. Safety audit completed. EA required for proposed change and report will come later this year.

10.3 Item F , Sidewalk Snow Clearing - Harmonization & Enforcement Changes - Snow clearing for all B.I.A.'s, due date March 14, 2005 - see page 6 - Staff will report by end of the month.

10.4 Item K , The establishment of a policy and/or guidelines which would allow citizens to plant trees in boulevards, due date March 14, 2005 - see page 6 - Item deleted from outstanding business agenda.

10.5 Item L , Dedicating .5% to 1% of the surplus of the Public Works Department for the year to the tree planting program - due date February or March, 2005, depending on budgets - see page 7 - Jackson asks about relation of this to the budget. Staff says it's in the budget process instead, so being removed from outstanding business.

10.6 Item M , Petition respecting pedestrian crossing at Barton & Ruth Street - due date February or March, 2005, depending on budgets - see page 7 - See Item 6.3 Merulla says this has been dealt with. Removed.

10.7 Item Q, Pilot project to lower bus fares in lower income areas - due dated March 14, 2005 , see page 7. Don Hull : "This is an initiative that's actually led outside of transit through councillor Merulla. Transit's simply acting as facilitator. The two gentlemen who were leading this project have since left the community temporarily and I understand that Mr. McLean has taken over as lead in the interim . Don is going to try to get me an update where we're at with this." Date moved to mid-April.

10.8 Item V , Report on financial implications of various noise mitigation options, due date March 14, 2005 - see page 8 Jennifer DeDomenico : "Staff have a report coming to the committee April 4th which deals with the 101 residents and the organization option - the provision of the selection letter that we're going to issue. And staff would like to have the 101 resolved as a prerequisite to the expansion of that program." Whitehead : "I'm actually getting complaints from residents in my ward with respect to the Linc and noise. The concern is that echoing and it's loud and certainly the mitigating things that we put in are not working. In the context of what's taking place with respect to the north-south route, the question of noise issues and how it's going to be addressed there. I guess I'm looking for some direction from staff on how I address it with the community that's raising those concerns with respect to the Linc." Scott Steward offers to discuss this "off-line" with Whitehead "and we'll bring something back to the Public Works committee." Whitehead : "point to staff . and it's just like a drainage issue. It doesn't work. It's not working. I've sat in backyards where you can't have a conversation because of the Linc. So it's a poor design, and I guess it's a caution for anyone who's going to experience the north south that the right choices are made. I don't think necessarily the right choices have been made on the Linc, especially in areas that are being impacted the most. And I can certainly deal with staff off-line where I'm getting the complaints. But we do need to understand what works and what doesn't work and then try and fix what isn't working."

10.9 Item X , Canadian Flags on veterans' cemetery sites, due date March 14, 2005 , see page 8 . New date end of month.

10.10 Item CC , Patio Fees, report to include input from HABIA, due date March 14, 2005 , see page 9. New date is April 18.

Motions

Merulla ".seconded by Collins, that staff be directed to create a policy whereby a tree located on public property may be removed where a tree is deemed to be a public safety or risk to private property". Asking staff to create policy and bring it back. Bruckler says staff close to a report on this. Shynal confirms this "We have been working on a consolidation of the various tree bylaws in the former municipalities and want to bring that back as a consolidated bylaw for consideration. I believe the target date is June 6. And in that report we wanted to identify some provisions for additional discretionary authority for staff to address trees of this nature that are perhaps potential risk, whereas presently staff have no authority to remove them. But council may wish to give us that authority to deal with these kinds of requests." Merulla wants to move forward on the motion. Carried.

Merulla : ".seconded by Collins that staff be directed to implement an operational review of DARTS transportation in an attempt to find internal efficiencies." Peace asks if this is an RFP. Mitchell suggests a report from staff on this and Merulla agrees. Whitehead : Thinks it is timely. Previous report didn't take into account new software for scheduling "I don't think what the consultants identified in totality was what in fact we initiated and implemented. . need to decide once and for all what kind of operation we want, what kind of governance we want for this service. . I do sit on the DARTS board . have strengthened the board . new members such as Brother Richard, Dr. Kirk Matheson, Anne Jones . so there is a real effort to shore up a strong board at DARTS. this is a timely exercise because DARTS will be looking for a new general manager. Right now we have an acting general manager ." Stewart says April 18 for this report.

Additions to the Agenda:

13.1 Halton Recycling Update on service interruptions. Bill Waddell of HRI present to answer questions. Merulla asks about penalties and cost of providing service. Waddell says $1.60 per house per month. 8000 houses affected on first day of interruption and 4000 on second day. Overall contract just under $5 million. Merulla also asks about how they will prevent future problems. Also asks which city staff manage the contract. Collins says problems have occurred 3-4 times this winter in some parts of his ward. "With all the time and energy that residents are putting into recycling, it's very discouraging to have these service interruptions." . Wants to know service will improve and if not what the recourse is. Waddell says this is important and they try "not to do that kind of thing". Notes they are adding two new trucks in April - 8-9% increase in capacity. Explains problem with vehicles with air systems freezing up and they've added second air dryer on each truck. Previously affecting 8-10 trucks a day. Brought in experts. This year worse because of temperature shifts above and below freezing. Air dryers have "dramatically" reduced frequency of problem. Seasonal problem. Collins says it "sounds like things might improve" but asks for staff to explain recourse. Beth Goodger says they take active role in managing the contract and have monthly meetings and have imposed penalty on this incident. Collins wants this as an on-going issue for the committee. Report received.

13.2 Staff report on recycling service interruptions noting $6000 in penalties imposed on the private operator. Report received.

13.3 Update from Jim Harnum on the Bitumar spill of asphalt into the sewer system in February on Eastport Drive. 7900 litres were spilled from a rail car being unloaded. The update says: "Most of the liquid asphalt immediately hardened. However, some entered the catch basin, the street, and the storm sewer. Fortunately none of the material entered the Hamilton Harbour or the water course. The Ministry of the Environment was notified immediately, as is the standard procedure, and they carried out the investigation and supervision of the clean up by Hotz Environmental. As the liquid asphalt did not enter the harbour, city staff felt that this incident did not warrant the issuance of an Operations Issue Update memo. City staff respond to over 250 spills per year and only notify council if there is a significant impact to the community or the environment." Stewart : asked by Collins. Spill took place on Feb 12. "there's the details on that one. You can see it didn't impact the harbour" Explains when they notify councillors of spills. Harnum says they have 250 to 300 spills a year that staff respond to. Protocol on "when we would give information rather than writing 300 project updates". Criteria: environmentally sensitive location such as Cootes Paradise or Chedoke Creek; if the city investigates and lays a charge; if there is substantial adverse impact on environment; large segment of population affected; cleanup bill to city of $10,000; and media or council attention. This spill didn't meet any of those criteria until Collins asked. Collins says staff were quick to respond to his enquiry. Says good criteria, but Bitumar is a 'sensitive' issue. "To me the harbour area is very similar, and I would even include the industrial area . blending of residential area with industrial area . beach community . many debates about development on Eastport and impact on the beach community." Wants to be informed of spills in his area by email. Harnum says they can do this. Ferguson suggests they make it "ward sensitive". He only wants to hear the ones affecting his ward. Report received.

Braden : "I want to read a statement if I can. Is it true that the honourable member of ward 6 applied for the hollywood role of warming the toilet seat in the blue box man top seller commercials. If so, we may want to be aware of the availability of the video of the audition to discuss the concern of appropriateness or perhaps censorship. We would want to know if such an audition might be available through freedom of information. While I think the official seat warmer did a great job, I'd be prepared to discuss the effectiveness of using the ward 6 councillor for some, in quotes, guest appearances, to assist in the efforts to warm our hearts by warming the seat." Mitchell asks if Jackson has a comment. Off-mic Jackson says "not at this time".

Meeting ended at 11:15 am.