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November 21, 2003
TREE CUTTING CONTRACTS FOR MAIN VALLEY


Some residents along the valley have received letters from the City stating that tree cutting in the main part of the valley “is tentatively scheduled to start the week of November 24, 2003 and will take approximately three months to complete”. Friends of Red Hill Valley has issued the following media release.

Hamilton government issues more contracts without permits
Lawless Municipal Activity Continues

“There's no possible way that a rational businessman could have entered into binding agreements that are going to cost him significant money when there are (outstanding) approvals.”
     — David Miller

The City of Hamilton closed tenders on November 4 and 6 for “advance clearing” of trees and other vegetation in Red Hill Valley between Mud Street and Queenston Road. The commitment to two contracts totalling over $972,000 was made despite the fact that the City has not yet received the required Fisheries Act authorization for work near Red Hill Creek. The tree removal is for the proposed Red Hill Creek Expressway which crosses Red Hill Creek 14 times.

Saddling Hamilton taxpayers with binding contracts prior to the receipt of necessary approvals continues a pattern begun last June. At that time, a $5 million contract was signed with Dagmar Construction for grade separation at the CN Rail crossing of Red Hill Creek to allow the proposed Red Hill Creek Expressway to pass under the railway. That project cannot be completed without approvals to open up and excavate 70,000 tonnes from the adjacent Rennie Street Landfill, a toxic site that earned the City a $450,000 fine in 2000.

The City followed with a July commitment to a $3.3 million contract with Dufferin Construction to begin work on an interchange near Greenhill Avenue. That tender closed on June 19. However, court documents submitted by the City of Hamilton showed that none of the three necessary permit approvals were completed prior to July 27. One permit from the Niagara Escarpment Commission was not finalized until October 16.

The practice of signing binding contracts prior to securement of regulatory approvals is contemptuous of the regulatory legislation. It also obviously places Hamilton taxpayers in the exposed position of being liable for payment of contracts that the City may not be legally able to complete. Unfortunately, this seems to be the way things are done in Hamilton.

All of the above tenders were issued by the Expressway Implementation Committee chaired by councillor Larry DiIanni, who was elected mayor of Hamilton on November 10.

For more information, please contact
Friends of Red Hill Valley
Don McLean, Chair (905) 664-8796


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