The city was named as co-defendants in the claim, as the Hamilton Waterfront Trust did not have liability insurance to handle the claim. It was learned that the cost to taxpayers was above the $127,000.00 settlement amount, as the city also incurred the costs of outside legal representation, over a number of years. Presumably there were also costs associated with staff time spent on the issue.
The Hamiltonian thus asked the Executive Director of the Hamilton Waterfront Trust (HWT), Werner Plessl, and copied Ward 6 Councillor Tom, Jackson (who sits on the HWT's board) and Ward 2 Councillor Jason Farr (who also sits on the HWT board) the following: , Can you advise as to whether the Hamilton Waterfront Trust has since purchased adequate insurance,and if so, when the insurance protection took effect? Can you also assure Hamiltonians that there are measures in place to ensure that any service operating out of the HWT, is properly insured, whether the Trust provides the service directly, or allows the service to be provided.
The nexus of this question to the public interest is apparent. Hamiltonians ought to know that appropriate provisions are in place to ensure that any future claims are handled in the most efficient and cost effective way, so as to avoid undue financial burden on the taxpaying public. They also ought to know whether there are provisions in place to ensure that the HWT and/or the City cannot be named in a claim against any other business or service operating via authorization or allowance of the HWT.
The following is the city's Accountability and Transparency Policy (click here), which is in response to amendments to the Municipal Act, 2001 Respecting: Accountability and Transparency Policy (CL07010 / LS07025) (City Wide)
To date, we have not received a reply from Mr. Plessl. We have not received a reply from Ward 2 Councillor Jason Farr. Ward 6 Councillor Tom Jackson has sent us a reply, but he did not answer the question. Mr. Plessl and Clrs Farr and Jackson continue to be welcome to address this question.
Until Hamiltonians are advised accordingly, the questions surrounding HWT's insurance provisions or other mechanisms, remain unsolved mysteries.
Really? Isn't it time to close down this agency? Why won't they answer such a basic question?
ReplyDeleteI agree with this writer. There is no place for this secrecy. I, as a taxpayer, do not say come and find my tax money if you want it.
DeleteYou certainly can't tell them that as they they will take your home from you!
DeleteMy concern would be our skating rink not being properly insured...As a property owner, I planned on having one here for people to enjoy; untill I was quoted the extra rate! (high risk)
ReplyDeleteThe little I do know about insurance coverage:
The City will always be a co-defendant if it is on City property and should demand at least a $2,000,000.00 policy (showing hold harmless/imdemnify the City) ANY TIME that someone (person, trust, company) is using City space....
As HWT is an identity on its' own, it SHOULD ALWAYS HAVE LIABILITY INSURANCE ~ especially DURING CONSTRUCTION!
I do not understand how this cannot be explained and moving forward ensured that there is coverage UNLESS, they are unable to attain insurance???
For my business, my policy was $28,000.00 per year...I would imagine a constuction zone and what is open to the public would be a huge cost.
NONE THE LESS ~ CRUCIAL TO HAVE.
Have an amazing day everyone :)
Danya
DeleteThank-you for your comment. It can be very frustrating trying to get approvals for thjings through the city hall red tape, although things have gotten a bit better. But if we have to jump hoops to get things done, I think the city at least should respond to basic questions.
Respectfully,
Severn
In the absence of a reply from the Trust, it might be safe to assume, that The Waterfront Trust may have been placed under the umbrella of the City of Hamilton's Risk management fund (taxpayer funded) as was the case with the original accident where the settlement cost of 127,000.00 plus staff costs plus the external legal costs over 10 years were paid for by the taxpayers. Perhaps the question should be; are the taxpayers covering any potential claims under this fund and are there currently any other claims that have been filed? The insurance line items on Trust's statements do not reflect premiums that would cover such incidents. We shouldn't have to wait another 10 years for information.
ReplyDelete'Tis very disrespectful and irresponsible for the two councillors who sit on the HWT Board not to reply to such a simple and important question. We can't count Clr. Jackson's response as anything but a non-answer, which he seems to excel at.
ReplyDeleteIMHO, it now appears that every councillor who has sat on the Board was/is responsible for the fiasco that is the HWT.
I hold Clr. Chad Collins directly responsible for this ongoing mess for he created the shield of secrecy over a decade ago; today, the secrets continue and Collins should be brought to task for covering up all those years.
As for Werner Plessl, his declaration of transparency and openness given to the SC News was hogwash. He should be removed from his post immediately.
Mayor Bratina, you were once a Councillor on the Board and were quite vocal about how the HWT should be shut down. What say you now? At the very least, will you not clear up the concerns/questions regarding HWT's insurance, past and present?
I agree that it is disrespectful and irresponsible. Perhaps it is time for The Hamiltonian, or a citizen to contact Earl Basse and name this as a code of conduct violation.It's not a threatening question at all. But we need to know if we are further exposed to future claims, or whether there is some mechanism for protection. I think the question was worded right and deserves an answer.
ReplyDeleteSorce
I have read somewhere amongst the numerous article written that in fact on the onset the Trust did not have any insurance for whatever reason ( shortsighted or plain stupidity). Since this accident the Trust ( maybe forced by the city) did obtain their own insurance.
ReplyDeleteTheir financial statements do not report Insurance costs commensurate with their coverage requirements. In the 2011 statements they report the $127,000.00 settlement but do not make mention anywhere (as far as I could determine) of the repayment schedule to the taxpayers.
DeleteThings are pretty sticky at City hall these days. This HWT stuff is causing a lot of buzz and worry.
DeletePlease do tell...what is the buzz and who is worried?
Delete@ The Hamiltonian. What did Jackson's response say exactly?
ReplyDeleteThe Clr. asked that his reply not be published.
DeleteKeep those emails!
DeleteHas Councillor Jackson read the Accountability and Transparency policy for the City of Hamilton?
ReplyDeleteHas he read the Code of Conduct for City Councillors?
Does he know his responsibilities under the Municipal Act?
I don't think this is about insurance. I think this is really about a bigger matter and cancer affecting Hamilton. And it has all to do with the power structures on council and how toxic they are.
ReplyDeleteTerm Limits Now
Always tell the truth, the WHOLE truth and nothing but the truth.
ReplyDelete