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HomeMy WebLinkAboutFCS Agenda - 2017-12-04Finance & Corporate Services Committee Agenda Monday, December 4, 2017 Office of the City Clerk 11:00 a.m. - 1:00 p.m. Kitchener City Hall nd 200 King St.W. - 2 Floor Council Chamber Kitchener ON N2G 4G7 Page 1 Chair - Councillor S. Davey Vice-Chair - Councillor D. Schnider Consent Items The following matters are considered not to require debate and should be approved by one motion in accordance with the recommendation contained in each staff report. A majority vote is required to discuss any report listed as under this section. 1. FCS-17-182 - Uncollectable Miscellaneous Receivable Accounts Write-off 2. FCS-17-183 - Uncollectable Utility Account Write-off -law, delegations are permitted to address the Committee for a maximum of 5 minutes. Item 3 - Mary Jane Patterson, Executive Director, REEP Green Solutions 3. FCS-17-195 - Environmental Advisory Committee Recommendation - Waterloo (15 min) Region Green Solutions (REEP) Annual Request for Financial Support 4. CAO-17-027 - 2018 Corporate Business Plan - Strategic Actions (45 min) (Staff will provide a 5 minute presentation on this matter) 5. FCS-17-149 - Comprehensive Business License Review (45 min) (Staff will provide a 5 minute presentation on this matter) INS-17-085 - 3 Year Review of Natural Gas Purchasing Policy Unfinished Business List Jeff Bunn Manager, Council & Committee Services/Deputy Clerk ** Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994 ** REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: December 4, 2017 SUBMITTED BY: Joyce Evans, Director of Revenue/Deputy City Treasurer,519- 741-2200 extension 7895 PREPARED BY: Saleh Saleh, Supervisor of Taxation and Cash Management 519- 741-2200 extension 7346 WARD(S) INVOLVED: ALL DATE OF REPORT: September 30, 2017 REPORT NO.: FCS-17-182 SUBJECT: Uncollectable Miscellaneous Receivable Accounts Write-off ___________________________________________________________________________ RECOMMENDATION: That uncollectable Miscellaneous Receivable Accounts amounting to $31,695 be written off against the Allowance for Doubtful Receivables. BACKGROUND: As per council policy I-517 Utility and Miscellaneous Receivable policy, approval from Council is required for accounts to be written-off and sent to an outside collection agency for third party collection efforts. This report represents Miscellaneous Receivables accounts that are deemed to be uncollectable by collections staff. Miscellaneous Receivables represent services that miscellaneous receivables include Direct Detect for alarm monitoring, Parking and Cemetery sales. Property tax andutility accounts are not included in miscellaneous receivables. REPORT: Staff are recommending that accounts totalling $31,695 be written off and forwarded to a collection agency. Staff have worked diligently in attempting to collect on these accounts but have not been successful in the process. The collection procedures staff have undertaken include: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1 - 1 Sending customers statements and demand letters. Verbal request by telephone or in person. Negotiating revised payment terms. Applying any deposits held to the outstanding amounts. permitted by the Municipal Act. The current amount being recommended to be written off relates to 53 customer accounts for services provided in the following areas: By-Law Enforcement214 Cemeteries 14,123 Communication and Marketing1,823 Community Services988 Operations384 Parking 13,715 Utilities (Cuts/Repairs)448 Total 31,695 The cumulative amount of write-offs identified in this report equal $31,695 and relate to the years 2015, 2016 and 2017. The cumulative write-offs are shown in the table below and the average is well below the targeted upper limit for write-offs set at 0.3% previously approved by Council. Miscellaneous Receivables Write-off CumulativeTotal $ InvoicedWrite-offs as a Write-offs for the YearYear to Date% of Sales 2017$ 9,231$ 15,653,3360.0590% 2016$ 30,239$ 17,350,4590.1743% 2015$ 43,061$ 18,483,5690.2330% 2014$ 53,107$ 20,886,9530.2543% 2013$ 38,629$ 20,344,5700.1899% Total$ 174,267$ 92,718,8870.1880% ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this r vision through the delivery of core service. 1 - 2 FINANCIAL IMPLICATIONS: The uncollectable accounts will be written off against the Allowance for Doubtful Receivables account. COMMUNITY ENGAGEMENT: committee meeting. PREVIOUS CONSIDERATION OF THIS MATTER: Not applicable. ACKNOWLEDGED BY: M.Goldrup, Acting Deputy CAO, Finance and Corporate Services. 1 - 3 REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: December 4, 2017 SUBMITTED BY: Joyce Evans, Director of Revenue/Deputy City Treasurer,519- 741-2200 extension 7895 PREPARED BY: Saleh Saleh, Supervisor of Taxation and Cash Management 519- 741-2200 extension 7346 WARD(S) INVOLVED: ALL DATE OF REPORT: September 30, 2017 REPORT NO.: FCS-17-183 SUBJECT: Utilities Account Write-off ___________________________________________________________________________ RECOMMENDATION: That uncollectable Utility Accounts amounting to $313,820 be written off against the Allowance for Doubtful Utility Receivables BACKGROUND: As per council policy I-517 Utility and Miscellaneous Receivable policy, approval from Council is required for accounts to be written-off and sent to an outside collection agency for third party collection efforts. The majority of these invoices relate to usage for Gas and Water.In 2016, the SAP Customer Relationship and Billing module was implemented. The collections module was not turned on until May 2017. The delay in turning on the collections module is best practice during an implementation of this size and was also recommended by the implementation consultants.This has resulted in a higher than normal write-off. The current report represents write-off of utility accounts which have been deemed to be uncollectable up to the end of August 2017. REPORT: Staff are recommending that accounts totalling $313,820 be written off and forwarded to the collection agency.Staff have worked diligently in attempting to collect on these accounts but have not been successful either due to the customer declaring bankruptcy or having no forwarding address. Any tenant deposits previously received on the *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2 - 1 uncollectable accounts have been applied to reduce the debt outstanding. A total of 194 customer accounts are being recommended to be written off and transferred to a third party collection agency. The collection procedures staff have undertaken include: Sending customers statements and demand letters. Verbal request by telephone or in person. Negotiating revised payment terms. Applying any deposits held to the outstanding amounts. permitted by the Municipal Act. The cumulative amount of utility write-offs identified in this report equal $313,820 and relate to the years 2016 and 2017. The cumulative write-offs are shown in the table below and the average is well below the targeted upper limit for write-offs set at 0.3% previously approved by Council. A five year summary of write-offs is included in the table below. Utility Accounts Write-off CumulativeTotal $ InvoicedWrite-offs as a Write-offs for the YearYear to Date% of Sales 2017 υ ЎЊͲБЉЍυ ЊЋВͲЊЎЊͲВЉЌЉ͵ЉЍЉЊі 2016 υ ЋЍЋͲЌЊАυ ЊААͲЍЋЊͲЊЎВЉ͵ЊЌЏЏі 2015 υ ЊЉЎͲЍЏЍυ ЊАБͲЎАЏͲАЊЎЉ͵ЉЎВЊі 2014 υ ЊЊЋͲЍЉЋυ ЊААͲЌВЊͲЊЍБЉ͵ЉЏЌЍі 2013 υ ВЊͲАЎЏυ ЊЏБͲЉБЌͲББАЉ͵ЉЎЍЏі Total$ 603,743$ 830,624,8120.0727% ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: strategic vision through the delivery of core service. 2 - 2 FINANCIAL IMPLICATIONS: The uncollectable accounts will be written off against the Allowance for Doubtful Utility Receivables account. COMMUNITY ENGAGEMENT: This report has been posted to the committee meeting. CONCLUSION: It has been determined that $313,820 of utility accounts are uncollectable and staff are recommending that the accounts be written off to the Allowance for Doubtful Utility Receivable account. The uncollectable account listing will be forwarded to a collection agency, which will use their best efforts to collect these accounts. ACKNOWLEDGED BY: M.Goldrup, Acting Deputy CAO, Finance and Corporate Services. 2 - 3 ` REPORT TO: Finance & Corporate Services Committee DATE OF MEETING: December 4, 2017 SUBMITTED BY: Environmental Advisory Committee PREPARED BY: Jeff Bunn,Manager, Council & Committee Services/Deputy Clerk, 519-741-2200 ext. 7278 WARD(S) INVOLVED: All DATE OF REPORT: November 15, 2017 REPORT NO.: FCS-17-195 SUBJECT: Environmental Advisory Committee Recommendation Waterloo Region Green Solutions (REEP) Annual Request for Financial Support ___________________________________________________________________________ RECOMMENDATION: That subject to the 2018 budget deliberations, $30,450 be allocated to Waterloo Region Green Solutions, Residential Energy Efficiency Project (REEP), as part of the Legislated Services 2018 Operating Budget. BACKGROUND: Founded in 1998, the Residential Energy Efficiency Project (REEP) provides residents with tools for sustainable resource use, energy conservation and efficiency, and renewable energy applications through the facilitation of environmental programs and services, public education, research and community partnerships. In early 2006, REEP became incorporated as a project of Waterloo Region Green Solutions (WRGS), a community-based environmental charity which helps citizen live sustainably. It is funded by a combination of local partners, provincial contracts, municipal grants and client fees. REPORT: At the September 21, 2017 Environmental Advisory Committee meeting, the Committee considered a request from REEP for a grant of $30,450. which would represent the City of core 2018 operating budget. Ms. Mary Jane Patterson, Executive Director, and Mr. Dave Blake, Associate Director, REEP, achievements in 2016/2017 andgoals for 2018. Ms. Patterson advised the work undertaken by safe and thriving neighbourhoods, and help establish a more sustainable environment and infrastructure. Mr. Blake p-2017 financial report. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 3 - 1 The Environmental Advisory Committee expressed support for the request for the additional funding, noting that core funders are essential to ensure the continued operation of REEP and acknowledged the important work they offer the community. A following LINK has been attached for reference. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: through the delivery of core service. FINANCIAL IMPLICATIONS: Starting in 2000, the City allocated a $5,000 grant to REEP.Over the past 15 years the grant amount has increased to its current level of $30,000. As of 2017, financial contribution to REEP has been $355,000. Currently $30,000 has been allocated in the 2018 Operating Budget. Any increase over and above this amount would need to be funded through the tax base as there is insufficient capacity within the Legislated Services budget to accommodate an increased grant allocation. COMMUNITY ENGAGEMENT: INFORM - The September 21, 2017 Environmental Advisory Committee agenda, the Waterloo Regional Green Solutions (REEP) grant funding request and annual report are available for CONSULT - At the September 21, 2017 Environmental Advisory Committee meeting, the Chair informed all those in attendance that any recommendation arising from the Committee would be considered at a standing Committee meeting. ACKNOWLEDGED BY: M. Goldrup, Acting DCAO, Finance and Corporate Services Appendix A - request Appendix B - 2017 Annual Report 3 - 2 Appendix A IĻƌƦźƓŭ ƦĻƚƦƌĻ ƌźǝĻ ƭǒƭƷğźƓğĬƌǤ Jessica Reesor-Rempel, participant, RAIN Smart Neighbourhoods. September 1, 2017 RE: 2017 Report to the Community and Funding Request Dear Kitchener Environmental Committee members, Greetings from Reep Green Solutions. This letter serves two purposes. First, we are happy to present our 2017 Report to the Community, which shares stories of some of the people that have participated in our programs (such as the Kitchener resident quoted above), the problems they were trying to solve, and the We share this report with deep thanks to you and to the City of Kitchener for helping our community live more sustainably through your strong support of work. The infographic on page 3 captures the environmental and economic impacts of actions in our community, while the stories help to show the social benefits for Region residents as well, such as sharing experiences and learning with each other while contributing to a greater cause. Your consistent support is what makes these results possible. Second, this letter is also our request to the City of Kitchener to renew its funding in the amount of $30,450 to Reep Green Solutions in 2018, a 1.5% cost of living increase over the $30,000 received last year. Your contribution,representing approximately 5% of our revenue, goes directly towards our operating costs. Core funders help to sustain our work while we raise the rest of the funding for our programs. An example is the 3-year RAIN Smart Neighbourhoods project in the City of Kitchener that is funded largely through the Ontario Trillium Foundation. Focused in Lakeside and Mount Hope, the project helps residents transform their neighbourhood to be more beautiful, flood-resistant and sustainable. We provide support in landscaping and flood proofing yards that captures and stores rainwater, reduces run- off into our stormwater system, and improves water quality in our streams and the Grand River. Some of the activities are open to all residents, such as the back yard design workshops, in which participants bring a Google map of their yard and work with our RAIN Coach to make their yard more functional and attractive. The Ontario Trillium Foundation is providing $439,500 for this project, and the City of Kitchener is contributing $25,000 per year for 3 years. $6 return in value for every $1 invested by Kitchener. Now in its second year, the project is piloting an incentive program and sharing the results with City staff to help inform the rollout We thank Kitchener Environmental Committee members, City Councillors, and staff for your strong support of Reep Green Solutions work in Kitchener, and look forward to working together in 2018. Yours truly, Mary Jane Patterson Executive Director Phone: 519-744-6583 Email: info@Reepgreen.ca Website: Reepgreen.ca 3 - 3 222 Frederick St., Kitchener, ON N2H 2M8 Charity registration #: 81585 2348 RR0001 Reep Green Solutions An environmental charity that helps people live sustainably Reep Green Solutions model as an organization is to remain nimble, operating with a minimal overhead and adapting our infrastructure as opportunities arise. We do this through a combination of: a)funded public education and action programs, such as RAIN Smart Neighbourhoods; b)fee-for-service and contract work, such as W.E.T. audits, in keeping with our strategic goals. Some of our work has no funding or revenue stream, such as the Zero Waste Challenge campaign and the ReepHouse for Sustainable Living. We sustain them through fee-for-service revenue from other projects. Our Core Funders give us the starting capacity to seek these opportunities. Core Funding Requested for 2018 Region of Waterloo $55,000 City of Kitchener $30,450 City of Cambridge $20,600 Waterloo North Hydro $35,000 Total $141,050 Why support Reep Green Solutions? Focus Area 2, Water Resources RAIN Smart Neighbourhoods, W.E.T. water conservation audits and installations, and the Reep House for Sustainable Living (check out our hands-on get-wet - Focus Area 3, Air Quality ClimateActionWR, co-led by Reep Green Solutions, focuses on reducing greenhouse gas emissions in all sectors, including transportation, with additional benefits Focus Area 5, Energy The estimated 15,000 tonnes of greenhouse gas emissions that Kitchener households have reduced by following Reep Green Solutionstions in per capita energy consumption and to promote a Focus Area 6, Resource Consumption and Waste Management more conscious destined for landfill 3 - 4 Focus Area 7, Environmental Education and Public Awareness Our workshops and tours at the Reep House for Sustainable Living exist ly healthy lifestyle to increase environmental literacy, the implementation of effective monitoring programs and the introduction of cooperative public outreach initiatives. Reep s Strategic Plan for 2015-2018 strong and resilient economy materials for energy, water and stormwater upgrades; a value of approximately $26 Million in the last 14 years in Kitchener alone. develop and nurture a high quality of life and a powerful identityattract investment and a talented creative workforce. safe and thriving neighbourhoods draw more people to manage growthcurb urban sprawl. Reep Green Solutions has been working with Kitchener staff since 2009 develop measures to manage storm water and . Groundbreaking initiatives such as the RAIN Smart Neighbourhoods project support homeowners in managing rain where it falls, and support the City in implementing its Stormwater Master Plan. Reep Green Solutions helps Kitchener fulfill its greenhouse gas emission reduction commitments to: our collective ClimateActionWR plan to reduce community greenhouse gas emissions in the Region of Waterloo to 6% below 2010 levels by 2020. Reep is one of the few organizations that work with the residential sector to promote and empower home energy efficiency, waste reduction and stormwater management in Waterloo Region. Our energy and water conservation programs as well as rainwater harvesting initiatives have a direct impact on the ability of residential property owners to reduce their greenhouse gas emissions. Reep Green Solutions advocates for Kitchener residents to have access to provincial programs For several years there was a Home Reno Rebate program from Union Gas that was not available for Kitchener residents. Reep has consistently urged the federal and provincial levels of government to make home energy efficiency incentives accessible to all residents. When the province announced its $100 Million investment last year to increase and expand the Union Gas incentives, we asked how Kitchener residents could access these rebates. The result was a re-jig of the provincial program to include all homes heated by natural gas, regardless of provider, as well as oil, propane and wood heated homes. Electrically-heated homes now qualify as well. Conclusion Our Mission at Reep Green Solutions is together to make sustainable living the norm. We are proud to be part of a community that sees the importance of taking action on climate change, and to be working together with Kitchener city staff on climate change mitigation and adaptation, through Rain Smart Neighbourhoods, ClimateActionWR, home energy evaluations, the Reep House for Sustainable Living and the Zero Waste Challenge. Thank you for supporting this good work! ********************************** 3 - 5 Appendix B 3 - 6 3 - 7 ’ 3 - 8 ˜ 3 - 9 ™ 3 - 10 ¤ 3 - 11 ž 3 - 12 ¨ 3 - 13 ª ž ž ž ž ž 3 - 14 ¬ 3 - 15 •– 3 - 16 •• 3 - 17 •’ 3 - 18 •˜ ®  € € 3 - 19 •™ ’¬–¤•ª’¬˜™¤˜  •¨¬ž¬•¨¬–˜’ ••–ž¬¤’¬ªª–¤ ž•ž¨˜––• ’–ª’–¬–˜˜ –•˜š•–š››œ ™¬’žªž™ª¤ª¨– ™’¨ª’••¤¤¤ž •’¨™•’–’ª˜ ˜˜ª••˜˜••’ ’’˜¤–’˜¬ª¨ ¬™’ª•¬¨• ¤ª–•™™¬’ žžž–ž’ª¬ ’’™™’¤–ª ™™–ž™–¨’ ’ª˜¨’žª– ’ª˜¬••¤ª –›š™š™˜•˜š —š–™œ ¡ ¡ ›¡ ¡ ›¡ ›•¡œ¡ ™¡ œ¡ š¡ œ¡ ˜¡ Ÿ–•˜š•Ÿ–›š™• œ•¡ š¡ ›¡ –¡ 3 - 20 •¤ ˜›š ˜˜ ›™ ™—˜œœ—˜ 3 - 21 REPORT TO: Finance & Corporate Services Committee DATE OF MEETING: December 4, 2017 SUBMITTED BY: Laurie Majcher, Manager Strategy & Business Planning, (519) 741-2200 ext. 7817 PREPARED BY: Laurie Majcher, Manager Strategy & Business Planning, (519) 741-2200 ext. 7817 and, Gloria MacNeil, Director of Bylaw Enforcement, (519) 741-2200 ext. 7952 WARD (S) INVOLVED: All DATE OF REPORT: November 22, 2017 REPORT NO.: CAO-17-027 SUBJECT:2018 Corporate Business Plan Strategic Actions __________________________________________________________________________________________ RECOMMENDATION: That the City of Kitchener 2018 Strategic Action Plan outlined in Appendix B to report CAO-17-027 be approved, subject to budget deliberations. BACKGROUND: On August 24, Strategic Plan for 2015-2018, confirming the top five priorities for this term of Council and the strategies that will be put into action to build aninnovative, caring and vibrant Kitchener.The corporate strategic action plan, which is driven by the Strategic Plan and developed through the annual business planning process, identifies the specific projects and programs that will be implemented by city staff to move forward on our strategies. The strategic actions included in the Business Plan have been developed based on broad community input that was captured through the strategic planning process. Council provided direction through a strategy session and prioritization exercise immediately following the election and again following the approval of the Strategic Plan, as well as ongoing dialogue throughout the year. Theaction plan is developed by the Corporate Leadership Team based on the full participation of the Corporate Management Team and a wide range of staff from all city departments. The timeline of the Business Plan is aligned with the four-year term of Council, with a one-year outlook to capture work that will be started but not finished until after the next municipal election. As each year is completed, the Corporate Leadership Team reviews our progress on our strategic priorities, reports on our accomplishments and recommends adjustments to the plan for Council approval. Council approves changes and additions to the Business Plan at the same time as the annual budget to ensure that required resources are available to implement the proposed actions in the context of the overall budget discussion. 4 - 1 REPORT: December 2017 marks the completion of 3 of the 4 years for this term of Council. A summary of all strategic actions for 2015-2019 is included in Appendix A. To date, the organization has made good progress on all five priorities within the strategic plan with 105 strategic actions that have been completed or on track to be completed by the end of this year.Overall, the city is expected to complete 144 strategic actions during this term of Council (2015-2018) and make progress on 82 more that will carry-over into 2019. s progress on each of the priorities included in the Strategic Plan include: Open Government - s Open Data Portal; the implementation of routine disclosure and active dissemination processes for city information; better citizen access to reports, minutes and video of Standing Committee and Council meeting discussions; and, full implementation of the e-participation strategy. The recent acquisition and implementation of customer relationship management software through the Customer Service Strategy will improve the customer experience. The recommendations of the Community Engagement Review provide a clear path for the meaningful involvement of citizens in decisions that affect them. Strong & Resilient Economy In the past three years the City of Kitchener has contributed to the creation of the Waterloo Region Economic Development Corporation, and has established a clear strategic framework through the Make it Kitchener strategy, the new Downtown Action Plan and the Kitchener Market Strategic Plan. Working within a collaborative network of city-builders, progress has been made on key economic development initiatives, including broadband and fibre optic infrastructure, the advanced manufacturing Incubator, and the creative hub. The city continues to advocate for improved passenger rail service within the innovation corridor and new funding for the arts from the federal and provincial governments. Safe & Thriving Neighbourhoods The completion of the neighbourhood strategy earlier this year established three specific areas of focus for the city to help residents build great neighbourhoods. The Neighborhood Development Office has been created and progress is already well underway on the action plan with the approval of the Community Gardens Program and Neighbourhood Markets with many new projects starting next year. The city is creating safer streets through pro-active traffic calming design features in new neighbourhoods, school zone speed reduction and the approval of new low-cost traffic calming options. The 2015-2017 Growth Management Plan, new guidelines for residential intensification in established neighbourhoods, incentives for affordable housing, and plans to guide new development around LRT stations support to create complete, connected, safe and walkable neighbourhoods with a range of housing types. 4 - 2 Sustainable Environment and Infrastructure Master Plan cture strategies in combination with conventional approaches to better and more efficiently manage stormwater, reducing the risk of flooding and improving the environment. streetlights to LED technology, which is expected to be completed within the next few months, will cut electricity consumption by more than half and reduce GHG emissions from city operations by 200 tonnes annually. Ongoing programs to implement the cycling master plan, the sidewalk infill policy and the current pilot for year-round maintenance on trails and walkways around schools have created more active transportation options for getting around the city. nd sustainable assets in the long-term has been supported through the ongoing progress to improve asset data systems and develop asset management plans. Effective & Efficient City Services Since 2015,the City of Kitchener has completed more than 40 different project to improve the design and delivery of city services so that they provide citizens with what they want in the most reliable, convenient and cost effective way, including: the selection and development of the new snow disposal site at Battler Road, the Williamsburg Cemetery expansion, the Digital Kitchener Strategy, Kiwanis Park Pool Renovation, and Parking Payment Technologies to name a few. The creation of the Office of Strategic Partnerships and the municipal sponsorship program have been effective in leveraging new resources to reduce the burden on the tax rate, and the ongoing progress on the Emergency Management and Business Continuity Program has better prepared the city to protect lives and continue to deliver critical services to the community in an emergency situation. As we move into 2018, work will continue on 47 business plan projects that are already in progress including: Broadband and Fibre Optic Infrastructure; Implementation of the South Kitchener District Park Master Plan - Phase 1;the Comprehensive Zoning By-law Review;the Sustainable Urban Forest Management Program;Implementation of the LED Street Light Conversion;the Long Term Financial Plan; Responsible Pet Ownership Strategy and Purchasing Procedures to Support New Bylaw, just to name a few. Each year as projects are successfully completed, directors assess the capacity of available staff resources to support new projects and initiatives that are driven by the strategic priorities of Council. Next year there will be 45new projects started, some examples include: Close the Loop with Citizens; Community Engagement Training; Music and Film Industry Office; Automated Speed Camera Program for Traffic Calming; Resident Led Public Art; Public Seating Program; More Neighbourhood Events; Trail Maintenance Service Level Review; a Service Review of Maintenance Standards for Public Spaces;Update the Cycling Master Plan and the Leisure Facilities Master Plan. 4 - 3 Recommended Changes from 2017 The Proposed 2018 City of Kitchener Strategic Action Plan includes the addition of 29 new strategic actions,10 are directly related to the implementation of recommendations in the Neighbourhood Strategy, four are related to the implementation of Make it Kitchener, four are Asset Management Program and three are related to the implementation of the Customer Service Strategy. A summary of all new strategic actions that have been added to the recommended plan, and projects that have been removed, is provided in Appendix C, along with a summary of changes that have been made throughout the year to the expected completion dates for projects that have been delayed beyond the end of the year. The recommended 2018 Strategic Action Plan for Council approval (Appendix B) incorporates all of the noted changes in Appendix C. Cat Licensing Project On November 6, City Council referred consideration of the creation of a cat licensing program to the corporate business planning process. At that time staff indicated the development of such a program would require a significant amount of work, likely taking 18 24 months to complete. This estimated timeline is based upon the process the City undertook when developing its backyard chicken bylaw. In order to develop a cat licensing program, the following high-level activities would be required: 1.Community engagement A series of public workshops and online surveys would be animal related issues, there is a large amount of public interest with strongly held views, which means the community engagement component of this project should not be rushed. This work will require the support of Corporate Communications staff. 2.Research of other municipalities that have implemented similar programs. Given the wide variety of service delivery model for animal control across the province, this research will take an estimated 2-3 months to complete. 3.Information gathering from a variety of groups with knowledge in this area (given that staff have no specific knowledge in the area of cat control). For example, Humane 4. Detailed discussions with the KW Humane Society to understand how the program could work (eg. what would their costs be? What would be an appropriate service level?). This work would require staff from the Humane Society to complete work on their end to understand their staffing levels and needs if the program were to be implemented. 4 - 4 5.Financial modeling to develop options as to the appropriate level of a licensing fee in order to ensure the program is either: cost-neutral, or revenue generating for the City. This will require the support of Financial Planning staff. 6.Negotiations with the KW Humane Society to amend our contract for service. This will require the support of Financial Planning and Legal staff. It will also require the attention of Humane Society staff. Bylaw Enforcement does not have any staffing resources to take on a project of this magnitude, and as a result it would have to be led by the Director of Bylaw Enforcement (Gloria MacNeil) and the Supervisor of Bylaw Enforcement (Steve Vrentzos). Both of these individuals are scheduled to lead another major project in 2018, the development of an Administrative Monetary Penalties System (AMPS) for the City. Administrative Monetary Penalties System (AMPS) -2019 Strategic Action Plan which identified the development of an AMPS system to occur in 2017 2018. AMPS is an enforcement mechanism that allows municipalities to transition minor bylaw offences out of the traditional Provincial Offences court system to a municipally run system similar to a quasi- judicial hearing system. The development of an AMP system has been identified as a Joint Services project between the City of Kitchener and the City of Waterloo Bylaw Divisions. Both cities are scheduled to proceed with this work in 2018. By working together, at the same time, both cities are able to cost share in the research and development portion of this project, as well as potential sharing the costs of hiring one AMPS Hearing Officer to deal with offences in both cities. In addition to relieving pressure placed on the provincial court system by removing these minor parking offences, an AMP system would achieve the following benefits: 1.Improved customer service Under an AMP system, customers would have the ability to come in and meet with staff, explain the concerns or circumstances surrounding the ticket and staff will have the ability to do one of three things: lower the fine amount, cancel the ticket, or leave it the same. If the customer is not satisfied with the response, they would have the ability to ask for a hearing, which would be much more informal than a court hearing and likely held in a room at City Hall. Other cities that have already implemented an AMP system have reported customers are generally satisfied with the opportunity to discuss their ticket and have the consideration of a potential reduction. They also appreciate not having to take a day off of work to sit in a Provincial Court awaiting their hearing for a minor parking offence. 4 - 5 2.Bylaw Enforcement Officers spend less time in court The Bylaw Enforcement Division will often have several Officers tied up in court for most of the day waiting for their case to be called. This means that fewer Bylaw Enforcement Officers are on the streets responding to calls and sometimes requires staff to be called in on overtime and on one of their days off which costs the Corporation addition money. The AMPS process does not require the Officer to be in attendance unless there is a hearing. Other municipalities that have implemented AMPS have indicated the process has reduced their number of hearings to a minimal amount. 3.Potential for additional revenue for the municipality An AMP system allows municipalities to add administrative fees to parking fines depending on the level of staff time and effort required to process the ticket. For example, a fee could be set if an individual does not show up at their scheduled hearing as staff would have already spent time preparing for that hearing. Given the limited staff resources available to move these two significant projects forward, should Council direct staff to proceed with the development of a cat licensing program starting in 2018, the AMPS project would not proceed and staff would contact the City of Waterloo to withdraw from that project as a Joint Services Initiative. Budget Impacts The corporate business plan and the budget are developed in parallel through an iterative process of review and revision that keeps the allocation of resources in sync with the planned work of the organization. A request for an investment of $1.65 M for the North and South sections of the Iron Horse Trail Improvement Strategy is included in the 2018 budget package, in addition to $1 M that was previously identified. $700,000 of this expenditure is expected to be recovered through a grant from the Ontario Municipal Commuter Cycling (OMCC) program. These resources are currently built-in to the proposed budget. If the resources are not approved by Council through the budget process, the scope of work may be scaled down, those action items may be deferred to a future year, or they may be removed from the business plan. Next Steps Subject to Council approval of the proposed Strategic Action Plan outlined in Appendix B, including any adjustments that may result from budget decisions, the Strategic Action Plan will be incorporated into the City of Kitchener 2018 Business Plan organized by the departments and divisions accountable for completing the work. All other information in the business plan will be updated and the third phase of core service performance reporting will be included. The final version of the March 2018. 4 - 6 ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: through the delivery of core service. FINANCIAL IMPLICATIONS: The following provisions have been included in the proposed 2018 capital budget to support the strategic actions included on this plan: SE23 Iron Horse Trail Improvement Strategy Additional funding of $1,650,000 has been added to the 2018/2019 capital budget to complete the improvements and install lighting on the North and South sections of the Iron Horse Trail. Staff intend to apply for anOntario Municipal Commuter Cycling Program grant funding in the amount of $700,000 to off- COMMUNITY ENGAGEMENT: Consult The community was consulted on priorities for action in this term of council through the strategic planning process. More than 1,000 residents provided input through the Environics survey in 2013, and approximately 2,000 citizens participated in the follow-up community engagement campaign led by Compass Kitchener in 2014. More than 50 community stakeholder groups were given the opportunity to comment on the draft strategic plan in June 2015 prior to council approval. ACKNOWLEDGED BY: Dan Chapman, Chief Administrative Officer 4 - 7 APPENDIX A: All Strategic Actions to be Completed 2015-2019 hƦĻƓ DƚǝĻƩƓƒĻƓƷ Њ͵Љ 1.1 Provide public access to all city records, information and data unless there are privacy, security or legal reasons not to do so, developing partnerships to promote the use of data for economic, social and environmental community benefits. OG02 Open Data Portal Launch and Data Set Automation 2016 1 OG05 Open By Default Strategy Implementation 2017 1.2 Strengthen communication on issues of interest to the public and proactively publish related documents in an accessible format to give citizens the information they need to understand the city's plans, priorities and the rationale for key decisions. OG03 Accurate Communication of Plans for Future Development 2016 OG18 Review and Update Corporate Digital Media Strategy 2017 OG14 Publish Information About Council Decisions and City Processes Ongoing 1.3 Create more opportunities for citizen dialogue on community issues and introduce new ways for people to get involved in decisions that affect them. OG Youth Engagement Audit 2015 OG04 Council Engagement with Citizens 2016 OG06 Implement the e-Participation Strategy 2016 OG09 Corporate-Wide Community Engagement Review 2017 1 OG15 Community Engagement Policy 2017 OG16 Community Engagement Plans, Tools and Resources 2018 OG20 Parks, Playgrounds and Trails Community Engagement Review 2018 OG10 Participatory Budgeting 2019 OG17 Community Engagement Training 2019 1.4 Introduce more convenient and effective channels for citizens to access city information and services. OG Neighbourhood Association Online Registration (Phase 4)2015 OG Implementation of 2015 AODA Standard Requirements 2015 OG01 External Website Review 2016 1 OG07 Customer Service Strategy - Phase 3 2017 OG08 E-Tendering 2018 OG21 E-Services Strategy Engagement and Refreshed Roadmap 2019 OG22 Advance CRM Technology 2019 OG19 Development of the Online Customer Service Portal Ongoing 4 - 8 hƦĻƓ DƚǝĻƩƓƒĻƓƷ Њ͵Љ 1.5 Strengthen a culture within the organization that puts citizens first and improves the quality of the customer service experience. OG13 Enhance Customer Experience at the Aud & Arenas 2016 OG12 Customer Service Review 2019 OG23 Close the Loop with Citizens 2019 {ƷƩƚƓŭ ğƓķ wĻƭźƌźĻƓƷ 9ĭƚƓƚƒǤ Ћ͵Љ 2.1 Foster a business environment that stimulates innovation and job creation, helping startup entrepreneurs establish and grow their business. EC Kitchener Economic Development Strategy 2015 EC20 Creative Hub 2016 EC07 Broadband & Fibre Optic Infrastructure 2018 EC08 Make it Start - Advanced Manufacturing Incubator 2019 EC24 Make It Start - Creative Hub at 44 Gaukel Street 2019 EC25 Make It Start - Digital Training for Entrepreneurs 2019 2.2 Support the attraction, retention and development of existing and new industries within the regional economy, working in collaboration with the economic development corporation for Waterloo Region. EC Waterloo Region Economic Development Corporation (WREDC)2015 EC27 Implementation of the Make It Kitchener Strategy Ongoing 2.3 Strengthen Kitchener's connections within the GTA-Waterloo Region corridor to support the development of a globally-significant regional innovation economy. EC11 Intergovernmental Relations - Passenger Rail Ongoing 2.4 Develop and nurture a high quality of life and a powerful identity for the City of Kitchener to attract investment and a talented creative workforce. EC Wi-Fi Rollout - Phase 2 Sites 2015 EC Centre In The Square 2015 EC06 Canada 150 Wi-Fi Expansion 2017 EC22 Creative Hub Implementation: RFP Process 2017 1 EC05 Sport Tourism 2017 EC23 Make It Grow - Music and Film Industry Office 2019 EC12 Make it Spark - Federal and Provincial Funding for the Arts Ongoing 4 - 9 {ƷƩƚƓŭ ğƓķ wĻƭźƌźĻƓƷ 9ĭƚƓƚƒǤ Ћ͵Љ 2.5 Facilitate the ongoing development of Downtown Kitchener as the heart of the city. EC02 Kitchener Market Strategic Plan 2016 EC03 City Hall Outdoor Spaces Master Plan 2016 EC10 Update the Downtown Kitchener Action Plan 2017 EC19 Kitchener Market Strategy Implementation Plan 2017 1 EC21 City Hall Outdoor Spaces Implementation Plan 2017 EC04 Make It Vibrant - Special Events and Urban Experience Strategy 2019 EC26 Make It Urban - Upper Level Market Transformation 2019 EC28 City Hall Outdoor Spaces Detailed Design 2019 {ğŅĻ ğƓķ ŷƩźǝźƓŭ bĻźŭŷĬƚǒƩŷƚƚķƭ Ќ͵Љ 3.1 Give citizens the tools and opportunities to play an active leadership role in creating great neighbourhoods and fostering a stronger sense of community belonging. NB01 Neighbourhood Strategy 2017 NB15 Neighbourhood Development Office 2017 NB47 2019 NB48 Snow Angel Program 2019 3.2 Create safer streets in our neighbourhoods through new approaches to traffic calming. NB Pro-active Traffic Calming Design Features in New Developments 2015 NB40 School Zone Speed Reduction 2016 NB06 Development of Alternative (low cost) Traffic Calming Options 2017 NB34 Community Traffic Safety Advisory Committee 2019 NB46 Automated Speed Camera Program for Traffic Calming 2019 NB39 Implementation of the Traffic Calming Program Ongoing 3.3 Manage growth, curb urban sprawl, and foster more mixed-use development, ensuring new development is integrated with the diversity and character of the surrounding community. NB Kitchener Growth Management Plan 2015-2017 2015 NB02 Central Stations RT Station Area Plan 2016 NB07 Residential Intensification in Established Neighbourhoods Study 2017 1 NB08 PARTS Midtown RT Station Area Plan 2017 1 NB09 PARTS Rockway RT Station Area Plan 2017 NB13 Sustainable Development Feasibility Study 2018 4 - 10 {ğŅĻ ğƓķ ŷƩźǝźƓŭ bĻźŭŷĬƚǒƩŷƚƚķƭ Ќ͵Љ 3.3 Manage growth, curb urban sprawl, and foster more mixed-use development, ensuring new development is integrated with the diversity and character of the surrounding community. NB18 Complete Streets Policy 2018 NB20 Community Energy Investment Strategy 2018 NB43 Heritage Best Practices Implementation 2018 NB11 Comprehensive Zoning By-law Review 2019 NB12 Make it Urban - Rockway Centre Partnership Development 2019 NB21 Hidden Valley Land Use Study 2019 NB26 Urban Design Manual 2019 NB27 Growth Management Strategy Review 2019 NB30 Lower Doon Land Use Review 2019 NB31 Homer Watson/Conestoga College City Node Master Plan 2019 NB36 Incentives for Design/Architectural Innovation and Excellence 2019 NB32 PARTS Fairway Station Area Plan 2020 NB33 PARTS Block Line Station Area Plan 2020 NB38 Implementation of the Growth Management Strategy Ongoing 3.4 Facilitate and promote housing developments that provide options for a diversity of lifestyles and household types. NB Development Incentives for Affordable Housing - Phase 1 2015 NB16 Development Incentives for Affordable Housing - Phase 2 2017 3.5 Continue to encourage active participation in existing recreational facilities while moving forward with the provision of new recreational opportunities in underserved areas of the city. NB Jack Couch Ball Park Review 2015 1 NB04 Grand River Park - Phase 1 2017 NB10 Upper Canada District Park Master Plan - Priority 1 2018 NB19 Implementation of the South Kitchener District Park Master Plan Phase 1 2018 NB17 Doon Pioneer Park Skate Park 2019 NB29 Business Case for Mill Courtland Community Centre Expansion 2019 NB35 Community Centre Facility Needs Review 2019 NB42 Doon Pioneer Park Community Centre Expansion - Design & Construction 2019 NB44 Community Centre Audit Implementation 2019 NB49 South-West End Community Centre Business Case 2020 4 - 11 {ğŅĻ ğƓķ ŷƩźǝźƓŭ bĻźŭŷĬƚǒƩŷƚƚķƭ Ќ͵Љ 3.6 Provide opportunities and support for citizens to lead the way in creating active and vibrant public places that promote people's health, happiness and well-being by capitalizing on local community assets such as community centres, pools, arenas, libraries, parks, trails and other public spaces. 1 NB03 Community Gardens Program 2017 1 NB14 Huron Woods Community Centre Partnership 2017 1 NB24 Neighbourhood Markets 2017 1 NB41 Bee City Canada Initiative 2017 NB50 2018 NB51 2018 NB52 More Neighbourhood Events 2018 NB53 Boulevard Beautification Guidelines 2018 NB54 Event-in-a-Trailer 2019 NB55 Neighbourhood Use of Schools and Faith Based Facilities 2019 NB56 2019 NB37 Implementation of the Community Grants Program Ongoing {ǒƭƷğźƓğĬƌĻ 9ƓǝźƩƚƓƒĻƓƷ ğƓķ LƓŅƩğƭƷƩǒĭƷǒƩĻ Ѝ͵Љ 4.1 Manage and enhance the urban forest so that it will continue to make a long-term contribution to the livability of Kitchener. SE06 Sustainable Urban Forest Management Program 2018 SE10 Community-Wide Tree Planting & Donation Program 2018 SE19 Implementation of the Emerald Ash Borer Management Program Ongoing 4.2 Develop measures to manage stormwater and improve water quality in the city's watershed. SE02 Stormwater Master Plan 2016 SE05 Low Impact Development Design Guidelines - Stormwater Utility 2018 4.3 Reduce greenhouse emissions and energy consumption in all areas of city operations. SE01 LED Street Light Standard and Conversion 2016 SE04 Corporate Climate Action Plan 2018 SE09 Implementation of the LED Street Light Conversion 2018 SE21 Implementation of the Energy Conservation Demand Management Program Ongoing 4 - 12 {ǒƭƷğźƓğĬƌĻ 9ƓǝźƩƚƓƒĻƓƷ ğƓķ LƓŅƩğƭƷƩǒĭƷǒƩĻ Ѝ͵Љ 4.4 Develop a network of safe, comfortable and linked pedestrian and cycling facilities and improve year-round maintenance on priority routes. SE Year-round Management & Maintenance of Trails and Walkways 2015 SE Sidewalk Infill Policy 2015 SE07 Iron Horse Trail Improvement Strategy - Central Section 2018 SE08 Year-round Maintenance of Trails and Pathways Around Schools - Pilot 2018 SE11 Trail Maintenance Service Level Review 2019 SE12 Update the Cycling Master Plan 2019 SE23 Iron Horse Trail Improvement Strategy - North and South Section 2019 SE13 Implementation of the Cycling Master Plan Ongoing SE14 Implementation of the Sidewalk Infill Program Ongoing 4.5 Strengthen the capability and capacity within the organization to manage all of the city's assets so that they are affordable, dependable and sustainable in the long-term. SE03 Centre In The Square Lifecycle Asset Management Plan 2016 SE24 Asset Management Plans for Cemeteries 2018 SE25 Asset Management Plans for Golf 2018 SE26 Asset Management Plans for Parking Enterprise 2018 SE27 Asset Management Plan for Storm Water 2019 SE16 Management of the Water Infrastructure Program Ongoing SE17 Development of Asset Data Systems Ongoing SE18 Development of Detailed Asset Management Plans Ongoing SE20 Developmnent of Facility Asset Management Plans Ongoing 4.6 Improve the City of Kitchener's ability to leverage funding opportunities for the development and renewal of infrastructure through federal and provincial programs and other partnerships. SE15 Intergovernmental Relations - Municipal Infrastructure Funding Ongoing 9ŅŅĻĭƷźǝĻ ğƓķ 9ŅŅźĭźĻƓƷ /źƷǤ {ĻƩǝźĭĻƭ Ў͵Љ 5.1 Enhance and roll out plans for managing emergencies and business disruptions to protect lives and continue to deliver critical services to the community. CS Business Continuity Plan Implementation 2015 CS27 Fire IT Strategy 2016 CS06 Five-Year Fire Master Plan 2017 CS36 Server Systems Failover Capability 2018 4 - 13 9ŅŅĻĭƷźǝĻ ğƓķ 9ŅŅźĭźĻƓƷ /źƷǤ {ĻƩǝźĭĻƭ Ў͵Љ 5.1 Enhance and roll out plans for managing emergencies and business disruptions to protect lives and continue to deliver critical services to the community. CS45 Implementation of Emergency Management and Business Continuity Program Ongoing 5.2 Improve the design and delivery of city services so that they provide what citizens want in the most reliable, convenient and cost-efficient way. CS 2014 Municipal Election 2015 CS Sign Reflectivity Study 2015 CS Snow Disposal Site 2015 CS OmniRIM Major Version Upgrade 2015 CS Implementation of the Mobile Strategy 2015 CS Regional Radio System Upgrade 2015 CS 2014 Next Generation 911 Rollout 2015 CS Telestaff 2015 CS Golf Operations Operating Standards Review 2015 CS Electronic Plan Review - Building (Phase 3)2015 CS Railway Crossing Agreements Research 2015 CS 2015 CS Ice Strategies for Inventory Replacement 2015 CS By-law Public Awareness Campaign 2015 CS Leisure Services Governance Review 2015 CS Leisure Facilities Master Plan Project Prioritization 2015 CS01 Intranet Review 2016 CS02 Strategic Business & Talent Attraction - Resource Model 2016 CS05 Williamsburg Phase ll Expansion 2016 CS12 Records Retention Improvements 2016 CS14 SAP Customer Relationship & Billing 2016 CS21 Meter Inventory System Implementation 2016 CS23 CLASS Registration Software Replacement 2016 CS28 Harmonized Sales Tax (HST) Review 2016 CS30 Snow Storage Disposal Facility - 1585 Battler Road 2016 CS32 Review of Animal Control Regulations - Keeping Chickens in Residential Areas 2016 CS11 Corporate Technology Strategic Plan & Digital Strategy 2017 CS15 Internal Order Process Improvement 2017 CS34 Payment Process Improvements and Electronic Funds Transfer (EFT) Payments 2017 CS52 Shopping Cart Management Plan Bylaw 2017 4 - 14 9ŅŅĻĭƷźǝĻ ğƓķ 9ŅŅźĭźĻƓƷ /źƷǤ {ĻƩǝźĭĻƭ Ў͵Љ 5.2 Improve the design and delivery of city services so that they provide what citizens want in the most reliable, convenient and cost-efficient way. 1 CS04 KMAC: Long-Term Planning for the Future 2017 1 CS07 Parking Business Plan Review 2017 1 CS10 Implement GHS Classification and Labelling of Chemicals 2017 1 CS16 Financial Reporting Improvement Project 2017 1 CS17 Purchasing Audit Action Plan and Implementation 2017 1 CS19 Electronic Document Management 2017 1 CS20 Property Standards Compliance Review and Proactive By-law Enforcement 2017 1 CS33 Kiwanis Park Pool Renovation 2017 1 CS35 Accounting Comprehensive Service Review Action Plan and Implementation 2017 1 CS53 Negotiation of Animal Control Services Contract 2017 1 CS54 Parking Payment Technologies 2017 1 CS57 Installation of Active Net Recreation Management Software 2017 CS03 Responsible Pet Ownership Strategy 2018 CS18 Electronic Agenda Management 2018 CS37 Online Business Licensing 2018 CS55 AMANDA 7 and Public Portal Review 2018 CS56 Administrative Monetary Penalties Strategy (AMPS)2018 CS58 Revenue Comprehensive Service Review Action Plan and Implementation 2018 CS62 Development of Public Internet Access Standard 2018 CS63 Narrowband Smart City/Internet of Things Network Development 2018 CS67 Direct Detect Business Case Analysis 2018 CS24 Regional Emergency Communications Centre 2019 CS40 2018 Election 2019 CS42 Service Review of Maintenance Standards for Public Spaces 2019 CS60 Utility Meter Mobile Workforce Management System (MWMS)2019 CS61 Replacement of Fire Department Dispatch System 2019 CS64 Civic Innovation Lab at Communitech 2019 CS65 Implementation of the Digital Kitchener Strategy 2019 CS66 Leisure Facilities Master Plan 2019 CS68 Electronic Records Management Strategy 2019 CS69 Automation of Payment Processing 2019 CS72 2019 CS44 Smart Service Delivery Ongoing 4 - 15 9ŅŅĻĭƷźǝĻ ğƓķ 9ŅŅźĭźĻƓƷ /źƷǤ {ĻƩǝźĭĻƭ Ў͵Љ 5.2 Improve the design and delivery of city services so that they provide what citizens want in the most reliable, convenient and cost-efficient way. CS46 Implementation of the FCS Service Strategy Ongoing CS47 Internal Audit & Service Reviews Ongoing CS50 Implementation of the Mobile Computing Strategy Ongoing CS51 Implementation of Business Intelligence Tools & Functionality Ongoing 5.3 Provide citizens with competitive, rational and affordable taxation levels. CS Municipal Sponsorship Program 2015 CS26 Create an Office of Strategic Partnerships 2016 CS31 Comprehensive Review of Business Licensing 2018 5.4 Ensure the responsible stewardship of public funds within a supportive policy framework. CS Review Allocation of Internal Overhead Costs 2015 CS Banking Services - Request For Proposals 2015 CS Employee Loan Program Review 2015 CS Financial Reporting Improvements - Caseware Implementation 2015 1 CS29 Purchasing Bylaw Revision 2017 CS09 Long Term Financial Plan 2018 CS59 Parkland Dedication Policy Update 2018 CS71 Purchasing Procedures to Support New By-law 2018 CS22 Water & Sanitary - Review of Rate Structure 2019 CS38 Review of Comprehensive Reserve Fund Policy 2019 CS41 Development Charges Background Study (2019)2019 CS70 Streamline Procurement Processes Related to Payment Processing 2019 5.5 Strengthen employee engagement, performance management and accountability for results across the organization. CS Workplace Accommodation Review 2015 CS 2015-2018 Kitchener Strategic Plan 2015 CS08 Performance Evaluation at Kitchener Program 2016 CS25 Implementation of the First Phase of the Corporate Talent Strategy 2019 CS43 Development of Core Service Performance Measures Ongoing CS48 Management of the Employee Culture Survey Ongoing CS49 Implementation of People Plan Action Items Ongoing 4 - 16 APPENDIX B: Recommended 2018 Strategic Action Plan City of Kitchener 2018 Strategic Action Plan November 2017 4 - 17 APPENDIX B: Recommended 2018 Strategic Action Plan hƦĻƓ DƚǝĻƩƓƒĻƓƷ ‘Ļ Ǟźƌƌ ĬĻ ƷƩğƓƭƦğƩĻƓƷ ğƓķ ğĭĭƚǒƓƷğĬƌĻ Ʒƚ ĭźƷźǩĻƓƭͲ ƦƩƚǝźķźƓŭ ĻğƭǤ ğĭĭĻƭƭ Ʒƚ źƓŅƚƩƒğƷźƚƓͲ ğ ŭƩĻğƷ ĭǒƭƷƚƒĻƩ ƭĻƩǝźĭĻ ĻǣƦĻƩźĻƓĭĻͲ ğƓķ ƒĻğƓźƓŭŅǒƌ ƚƦƦƚƩƷǒƓźƷźĻƭ Ʒƚ ƦğƩƷźĭźƦğƷĻ źƓ ƷŷĻ ķĻƒƚĭƩğƷźĭ ƦƩƚĭĻƭƭ͵ {ƷƩƚƓŭ ğƓķ wĻƭźƌźĻƓƷ 9ĭƚƓƚƒǤ ‘Ļ Ǟźƌƌ ǞƚƩƉ ǞźƷŷźƓ ğ ĭƚƌƌğĬƚƩğƷźǝĻ ƓĻƷǞƚƩƉ ƚŅ ĭźƷǤΏĬǒźƌķĻƩƭ Ʒƚ ĭƩĻğƷĻ ğ ķǤƓğƒźĭ ğƓķ ƦƩƚƭƦĻƩƚǒƭ YźƷĭŷĻƓĻƩ ƷŷğƷ źƭ Ʃźĭŷ ǞźƷŷ ĻƒƦƌƚǤƒĻƓƷ ƚƦƦƚƩƷǒƓźƷźĻƭ ğƓķ ƭǒĭĭĻƭƭŅǒƌ ĬǒƭźƓĻƭƭ ǝĻƓƷǒƩĻƭ ƷŷğƷ ĭğƓ ŭƩƚǞ ğƓķ ƷŷƩźǝĻ ǞźƷŷźƓ ƷŷĻ ĬƩƚğķĻƩ ŭƌƚĬğƌ ĻĭƚƓƚƒǤ͵ {ğŅĻ ğƓķ ŷƩźǝźƓŭ bĻźŭŷĬƚǒƩŷƚƚķƭ ‘Ļ Ǟźƌƌ ǞƚƩƉ ǞźƷŷ ĭƚƒƒǒƓźƷǤ ƦğƩƷƓĻƩƭ Ʒƚ ĭƩĻğƷĻ ĭƚƒƦƌĻƷĻͲ ĭƚƓƓĻĭƷĻķͲ ƭğŅĻ ğƓķ ǞğƌƉğĬƌĻ ƓĻźŭŷĬƚǒƩŷƚƚķƭ ǞźƷŷ ğ ƩğƓŭĻ ƚŅ ŷƚǒƭźƓŭ ƚƦƷźƚƓƭ͵ ‘Ļ Ǟźƌƌ ĻƓĭƚǒƩğŭĻ ƦĻƚƦƌĻ Ʒƚ ĭƚƒĻ ƷƚŭĻƷŷĻƩͲ źƓƷĻƩğĭƷ ǞźƷŷ ƚƓĻ ğƓƚƷŷĻƩ ğƓķ Ĭǒźƌķ ƩĻƌğƷźƚƓƭŷźƦƭ ƷŷƩƚǒŭŷ źƓĭƌǒƭźǝĻ ƦƩƚŭƩğƒƭͲ ƭĻƩǝźĭĻƭͲ ĻǝĻƓƷƭͲ ğƓķ ŭƩĻğƷ ƦǒĬƌźĭ ŭğƷŷĻƩźƓŭ ƦƌğĭĻƭ͵ {ǒƭƷğźƓğĬƌĻ 9ƓǝźƩƚƓƒĻƓƷ ğƓķ LƓŅƩğƭƷƩǒĭƷǒƩĻ ‘Ļ Ǟźƌƌ ŷğǝĻ ǞĻƌƌ ƦƌğƓƓĻķͲ ƒğƓğŭĻķͲ ğƓķ ĭƚƭƷ ĻŅŅĻĭƷźǝĻ źƓŅƩğƭƷƩǒĭƷǒƩĻ ƭǤƭƷĻƒƭ ƷŷğƷ ƭǒƦƦƚƩƷ ƌƚƓŭΏƷĻƩƒ ĭƚƒƒǒƓźƷǤ ƓĻĻķƭ ŅƚƩ ƭĻƩǝźĭĻƭͲ ŷğƩƓĻƭƭźƓŭ ƷŷĻ ĬĻƓĻŅźƷƭ ƚŅ ƓğƷǒƩĻ ƷŷƩƚǒŭŷ ŭƩĻĻƓ źƓŅƩğƭƷƩǒĭƷǒƩĻ ƦƩƚŭƩğƒƭ Ʒƚ ĭƩĻğƷĻ ğ ŷĻğƌƷŷǤ ǒƩĬğƓ ĻƓǝźƩƚƓƒĻƓƷ͵ 9ŅŅĻĭƷźǝĻ ğƓķ 9ŅŅźĭźĻƓƷ /źƷǤ {ĻƩǝźĭĻƭ ‘Ļ Ǟźƌƌ ķĻƌźǝĻƩ ƨǒğƌźƷǤ ƦǒĬƌźĭ ƭĻƩǝźĭĻƭ ƷŷğƷ ƒĻĻƷ ƷŷĻ ķğǤ Ʒƚ ķğǤ ƓĻĻķƭ ƚŅ ƷŷĻ ĭƚƒƒǒƓźƷǤ źƓ ğ ƩĻƌźğĬƌĻ ğƓķ ğŅŅƚƩķğĬƌĻ ǞğǤͲ ƒğķĻ ƦƚƭƭźĬƌĻ ƷŷƩƚǒŭŷ ƷĻĭŷƓƚƌƚŭǤͲ źƓƓƚǝğƷźƚƓͲ ĻƒƦƌƚǤĻĻ ĻƓŭğŭĻƒĻƓƷͲ ğƓķ ğ ƭƚǒƓķ ƌƚƓŭΏƷĻƩƒ ŅźƓğƓĭźğƌ ƦƌğƓ͵ 4 - 18 Open Government 1.2Strengthen communication on issues of interest to the public and proactively publish related documents in an accessible format to give citizens the information they need to understand the city's plans, priorities and the rationale for key decisions. ID#Strategic Action ЋЉЊБЋЉЊВ Publish Information About Council Decisions and City Processes OG14 Increase public access to information by improving connections between minutes, reports and Council decisions, and the ability to trace the history of an issue. Ultimately this will lead to more transparent decision-making for the public, greater accountability, and increased public trust. Lead Division: Legislated Services 1.3Create more opportunities for citizen dialogue on community issues and introduce new ways for people to get involved in decisions that affect them. ID#Strategic Action ЋЉЊБЋЉЊВ Community Engagement Plans, Tools and Resources OG16 Development of community engagement plans, tools templates and resources to support staff in effectively informing and engaging citizens. Initial deliverables will include an intranet presence with engagement plan templates, checklists for public meetings, survey development and online engagement, and FAQs. Lead Division: Office of the CAO Participatory Budgeting OG10 Enable community members to directly decide how to spend part of the city's budget, allowing them to make budget decisions that affect their lives. Lead Division:Financial Planning Parks, Playgrounds and Trails Community Engagement Review OG20 of improvements to public spaces in the city by prioritizing the way the city engages with residents in the development or redevelopment of neighbourhood parks, playgrounds and trails. There will be a focus on serving the specific needs of residents in terms of ages, interests, abilities and cultural backgrounds. Lead Division:Office of the CAO Community Engagement Training OG17 Development of speciialized community engagement training for staff that features topics such as building effective community engagement plans, survey and question development, effective egagement techniques and more. Lead Division:Office of the CAO 4 - 19 Open Government 1.4Introduce more convenient and effective channels for citizens to access city information and services. ID#Strategic Action ЋЉЊБЋЉЊВ E-Tendering OG08 Implement an e-tendering module to enable vendors to self-identify for interested commodities, access bid documents and drawings and submit tenders, proposals and quotations electronically. Lead Division: Supply Services E-Services Strategy Engagement and Refreshed Roadmap OG21 This action supports the Customer Service Strategy Principle of Channel Availability. Engage citizens to determine their preferences for new e-services and develop an updated, prioritized e-services roadmap and work plan. Lead Division:Office of the CAO Advance CRM Technology OG22 This action supports the Customer Service Strategy Principle of Channel Integration. This work focuses on developing a prioritized roadmap/work plan for all initiatives required to integrate the LAGAN/CRM software with other key corporate systems. Deliverables will include the development of a strategy to assess corporate business lines to be brought on to CRM over time. This work is critical to the development of a future online portal. Lead Division:Office of the CAO Development of the Online Customer Service Portal OG19 Development of an online portal will be ongoing due to substantial work to bring more and more City services online. Initial work will focus on the work plan for building integrations between the CRM platform and key City programs (enabling more City services to come online); developing a strategy for assessing priority for lines of business to go online and assessing requirements/planning around single sign-on capability. Lead Division: Office of the CAO 1.5Strengthen a culture within the organization that puts citizens first and improves the quality of the customer service experience. ID#Strategic Action ЋЉЊБЋЉЊВ Customer Service Review OG12 This action supports the Customer Service Strategy Principle of Efficiency and Effectiveness. This work focuses on understanding the service challenges and opportunities across the organization and from external citizen engagement campaign, employee campaign, and development of a service brand. Lead Division:Office of the CAO 4 - 20 Open Government Close the Loop with Citizens OG23 This action supports the Customer Service Strategy Principle of Customer Interactions. Use the information obtained through the Corporate Customer Service Review to develop a strategy outlining how final resolution to service interactions will be communicated to citizens, when possible. Lead Division: Office of the CAO Strong and Resilient Economy 2.1Foster a business environment that stimulates innovation and job creation, helping startup entrepreneurs establish and grow their business. ID#Strategic Action ЋЉЊБЋЉЊВ Broadband & Fibre Optic Infrastructure EC07 Work collaboratively with stakeholders to explore options to either encourage third party fibre optic investment in Kitchener or partner with others to provide improved high-speed broadband infrastructure for Kitchener. High speed internet access is increasingly viewed as essential infrastructure for a globally competitive economy. Lead Division: Technology Innovation & Services Make it Start - Advanced Manufacturing Incubator EC08 Support the development of an advanced manufacturing incubator in Kitchener, offering specialized accelerator programming for startup manufacturers. Funding has been allocated in the reserve. Implementation is dependant on the Council approval of the Business Case. Lead Division: Economic Development Make It Start - Digital Training for Entrepreneurs EC25 Develop and launch a series of digital training opportunities to enable entrepreneurs and small businesses to become more competitive locally, regionally and globally. This would include the assessing the feasibility and funding opportunities to support such programming. Lead Division:Economic Development Make It Start - Creative Hub at 44 Gaukel Street EC24 Facilitate the development of a hub for creative industry entrepreneurs through affordable space, networking and professional development opportunities. Based on the results of the 2017 RFP process, develop revised implementation options and a re-scoped pathway forward. Funding has been allocated in the reserve. Implementation is dependent on the Council approval of the Business Case. Lead Division:Economic Development 4 - 21 Strong and Resilient Economy 2.2Support the attraction, retention and development of existing and new industries within the regional economy, working in collaboration with the economic development corporation for Waterloo Region. ID#Strategic Action ЋЉЊБЋЉЊВ Implementation of the Make It Kitchener Strategy EC27 To be a great city for people Kitchener must generate varied career opportunities. We want to be the best place for our entrepreneurs to start a business in Canada and we want to grow the industry that we have. Kitchener must also be a compelling city in which to live, anchored by a lively urban core that is balanced by bustling suburban neighbourhoods. This work can only be realized through partnerships with WREDC, Communitech, etc. Lead Division: Economic Development 2.3Strengthen Kitchener's connections within the GTA-Waterloo Region corridor to support the development of a globally-significant regional innovation economy. ID#Strategic Action ЋЉЊБЋЉЊВ Intergovernmental Relations - Passenger Rail EC11 Working in collaboration with partners in the Toronto/Waterloo Region corridor, advocate for improved GO passenger rail service including high speed rail as a priority infrastructure investment for the provincial government. Lead Division: Office of the CAO 2.4Develop and nurture a high quality of life and a powerful identity for the City of Kitchener to attract investment and a talented creative workforce. ID#Strategic Action ЋЉЊБЋЉЊВ Make It Grow - Music and Film Industry Office EC23 Support the creation of a Music and Film Industry office to facilitate local music, film and digital media cluster success in Kitchener and area. Funding has been allocated in the reserve. Implementation is dependent on the Council approval of the Business Case. Lead Division: Economic Development Make it Spark - Federal and Provincial Funding for the Arts EC12 Advocate and coordinate funding for the arts from federal and provincial government programs. Lead Division:Economic Development 4 - 22 Strong and Resilient Economy 2.5Facilitate the ongoing development of Downtown Kitchener as the heart of the city. ID#Strategic Action ЋЉЊБЋЉЊВ Make It Vibrant - Special Events and Urban Experience Strategy EC04 Develop a strategy to support the delivery of both world-class and grass roots community experiences, such as festivals, events, programs and urban experiences. Lead Division: Economic Development Make It Urban - Upper Level Market Transformation EC26 As part of the Kitchener Market Strategy implementation, develop and begin implementing a plan for programmable, entrepreneurial and identifiable experience while generating additional revenue. This could include a refreshed look, improved functionality and the introduction of a Food Incubator to support new food startups. Lead Division:Economic Development City Hall Outdoor Spaces Detailed Design EC28 Develop a detailed design to address critical infrastructure repairs for City Hall outdoor spaces and concurrent work to improve the functionality of Carl Zehr Square for public events programming. Lead Division: Facilities Management Safe and Thriving Neighbourhoods 3.1Give citizens the tools and opportunities to play an active leadership role in creating great neighbourhoods and fostering a stronger sense of community belonging. ID#Strategic Action ЋЉЊБЋЉЊВ NB47 This action is a recommendation from the City's lovemyhood strategy and supports the implementation of improvements to public spaces in the city by allowing resident led public art projects in public spaces. There will be a focus on providing simple steps for residents to follow when working with city staff to make neighbourhood improvements. Lead Division:Community Programs & Services Snow Angel Program NB48 This action is a recommendation from the City's lovemyhood strategy and supports the implementation of a program that promotes neighbourhood safety by connecting volunteers with those who need assistance clearing snow away from sidewalks and driveways. Lead Division: Community Programs & Services 4 - 23 Safe and Thriving Neighbourhoods 3.2Create safer streets in our neighbourhoods through new approaches to traffic calming. ID#Strategic Action ЋЉЊБЋЉЊВ Community Traffic Safety Advisory Committee NB34 Consider options to revise the mandate of an existing advisory committee to create a co-operative partnership between city staff, community groups and other agencies that seek to enhance traffic and pedestrian safety in Kitchener. The Committee will provide input and feedback on traffic safety issues such as school zone concerns, traffic calming requests and traffic-related education initiatives. Lead Division: Transportation Services Automated Speed Camera Program for Traffic Calming NB46 Subject to the passing of new Provincial legislation related to speed cameras, staff to investigate the potential use of this technology to address speeding concerns in school zones. Lead Division:Transportation Services Implementation of the Traffic Calming Program NB39 The City of Kitchener endorses traffic calming as a means to reduce speeding, through traffic and collisions in residential neighbourhoods, thereby improving safety and quality of life for residents. Traffic calming projects will be rated and prioritized annually by staff and approved by Council based on the criteria and the allocated annual budget. Lead Division: Transportation Services 3.3Manage growth, curb urban sprawl, and foster more mixed-use development, ensuring new development is integrated with the diversity and character of the surrounding community. ID#Strategic Action ЋЉЊБЋЉЊВ Sustainable Development Feasibility Study NB13 Working with partner organizations, under the Federation of Canadian Municipalities (FCM) Green Municipal Funds program, undertake a feasibility study to help inform sustainable development practices at a site or neighbourhood scale. The emphasis is to be on energy sustainability. Lead Division: Planning Community Energy Investment Strategy NB20 As a supporting partner with the Region of Waterloo, local municipalities and utility companies, explore opportunities for energy efficiency, optimization of local energy resources and reduction of environmental impact related to energy. The resulting region-wide strategy will set a path to improve how energy is generated, delivered and used throughout the community. Lead Division:Planning 4 - 24 Safe and Thriving Neighbourhoods Complete Streets Policy NB18 The City of Kitchener has a number of policies and practices that promote complete streets. The development of a complete street policy would review best practices and combine elements into a standalone policy document that ensures planning, design and implementation of an element of the city's transportation network considers and aims to meet the needs of all users regardless of age, ability and travel choice. Lead Division: Transportation Services Heritage Best Practices Implementation NB43 In follow up to Report CSD-15-08 which recommended the development of a variety of best practices regarding the conservation of cultural heritage resources. Lead Division:Planning Comprehensive Zoning By-law Review NB11 Undertake a multi-phase, comprehensive review of the City's Zoning By-law 85-1 to implement the new Official Plan and other required changes. Lead Division: Planning Hidden Valley Land Use Study NB21 To develop a Master/Community Plan for the Hidden Valley area that would be implemented by way of amendments to the Official Plan and Zoning By-law. This project would be integrated with a servicing study for the area that will be led by Engineering. The study will also identify any public interest in the Hidden Valley lands including opportunities to protect and/or acquire natural features and sensitive lands. Lead Division: Planning Make it Urban - Rockway Centre Partnership Development NB12 Finalize the evaluation of potential redevelopment opportunities for the land surrounding the Rockway Centre, and provide Council with options for proceeding with a public-private partnership. Lead Division: Economic Development Urban Design Manual NB26 Undertake a full review of the urban design manual to implement the new Official Plan, make the document more efficient and effective, complement specific design briefs etc. Lead Division:Planning Growth Management Strategy Review NB27 Review and update the Growth Management Strategy that was approved in 2009. Lead Division: Planning 4 - 25 Safe and Thriving Neighbourhoods Lower Doon Land Use Review NB30 Develop a comprehensive and up to date planning framework for this area. It is anticipated that the resulting Master/Community Plan would be implemented by way of amendments to the Official Plan and Zoning By-law. The actual geography of the study area still needs to be determined. Behavioural and fire safety issues associated with housing that caters to the student population could be added to the scope of work. Lead Division: Planning Homer Watson/Conestoga College City Node Master Plan NB31 To develop a planning framework that establishes a City Node in the vicinity of Homer Watson Boulevard and Conestoga College Boulevard. Opportunities for more medium and high density housing, a broader mix of uses, and enhancing the gateway function of this area will be explored. This project would implement a policy in the new Official Plan which gives direction to do this work. Lead Division:Planning Incentives for Design/Architectural Innovation and Excellence NB36 Evaluate potential incentives for the development of landmark building design and architecture at strategic locations within the city. Lead Division: Planning PARTS Fairway Station Area Plan NB32 Undertake all components required to complete the development of scenarios, technical analysis, preferred option, community engagement and recommendations for the Fairway Station Area. Lead Division: Planning PARTS Block Line Station Area Plan NB33 Undertake all components required to complete development scenarios, technical analysis, preferred option, community engagement, and recommendations for the Block Line Station Area. Lead Division: Planning Implementation of the Growth Management Strategy NB38 Continue to manage and operate this program which coordinates lands development decisions with decisions on the capital forecast and development charges in order to better manage growth in the City of Kitchener. This program also creates opportunities for broad ranges of housing and transportation choices, and maximizing existing infrastructure and technologies. Lead Division:Planning 4 - 26 Safe and Thriving Neighbourhoods 3.5Continue to encourage active participation in existing recreational facilities while moving forward with the provision of new recreational opportunities in underserved areas of the city. ID#Strategic Action ЋЉЊБЋЉЊВ Upper Canada District Park Master Plan - Priority 1 NB10 The re-alignment, consolidation and improvement of the Southwest Optimist Sportsfield baseball diamonds including supporting infrastructure as identified in the approved Upper Canada District masterplan. Park Opening: Summer 2018. Diamond Opening: Spring 2019 Lead Division: Operations - Environmental Services Implementation of the South Kitchener District Park Master Plan Phase 1 NB19 Phase 1 of the development of the South Kitchener District Park will include the development of the sports fields, playground/splash pad, stormwater management features, grading and site servicing, roads and parking. Lead Division:Operations - Environmental Services Doon Pioneer Park Skate Park NB17 The development of the Doon Pioneer Park Skate Park will be completed through this project. The Leisure Facilities Master Plan recommended that additional skateboard facilities be developed in Kitchener in an effort to expand on the continued success at that time of the Aud Skatepark, and to address the growing need for opportunities in skateboarding. Lead Division:Operations - Environmental Services Doon Pioneer Park Community Centre Expansion - Design & Construction NB42 Commencement of the design and construction of expanded space at the Doon Pioneer Park Community Centre, including a gymnasium and other program and partner spaces, to meet the needs of the growing community. Lead Division: Community Programs & Services Community Centre Audit Implementation NB44 The community centre section completed a significant audit with immediate, short-term, mid-term and long-term recommendations. Review and implementation of these recommendations will consist of a substantial body of work. Lead Division: Community Programs & Services Business Case for Mill Courtland Community Centre Expansion NB29 Engage community residents/stakeholders in a needs assessment and business case to determine the requirements for an addition to the community centre. Lead Division:Community Programs & Services 4 - 27 Safe and Thriving Neighbourhoods Community Centre Facility Needs Review NB35 A review and analysis of community centre space and program needs geographically across the city. Any recommendations for additional community centre facilities or enhancements to existing community centres will inform the next Leisure Facilities Master Plan. Lead Division: Community Programs & Services South-West End Community Centre Business Case NB49 Community needs assessment addressing space and programming needs for a new community centre in the South West area of Kitchener. Lead Division:Community Programs & Services 3.6Provide opportunities and support for citizens to lead the way in creating active and vibrant public places that promote people's health, happiness and well-being by capitalizing on local community assets such as community centres, pools, arenas, libraries, parks, trails and other public spaces. ID#Strategic Action ЋЉЊБЋЉЊВ NB50 of improvements to public spaces in the city (specifically neighbourhood greening efforts such as adopt a park, trail, garbage can, clean-up days, etc), with a focus on providing simple steps for residents to follow when working with city staff to make neighbourhood improvements. Lead Division:Administration - CSD NB51 of improvements to public spaces in the city (such as more benches or rest stops, improvements at bus stops, better shading or lighting), with a focus on providing simple steps for residents to follow when working with city staff to make neighbourhood improvements. Lead Division: Administration - CSD More Neighbourhood Events NB52 of creating simple steps to follow when residents are working with the City to organize an event, especially street parties. Lead Division: Administration - CSD Boulevard Beautification Guidelines NB53 Review and develop guidelines which will allow residents flexibility in using different materials, ground cover and plantings as an alternative to sod on city boulevards. This action supports the vision for lovemyhood by creating a system where residents can take the lead in these beautification projects. Lead Division:By-Law Enforcement 4 - 28 Safe and Thriving Neighbourhoods Event-in-a-Trailer NB54 This action is a recommendation from the City's lovemyhood strategy and supports the implementation of a bookable event-in-a-trailer that will deliver equipment to neighbourhoods running their own events Lead Division: Community Programs & Services Neighbourhood Use of Schools and Faith Based Facilities NB55 neighbourhoods through exploring and starting conversations with school boards and faith based facilities for greater access to their indoor and outdoor facilities. Lead Division:Sport NB56 neighbourhoods through a review of permitted uses in parks to provide clarity on a range of uses that are acceptable and outline a streamlined process to review requests for park use. This review will be Lead Division: Operations - Environmental Services Implementation of the Community Grants Program NB37 Oversee and administer the program including Tier 1, Tier 2, travel assistance and in-kind facility. Support community groups in providing opportunities for citizen participation and engagement in local community activities, events and projects in arts and culture, leisure and recreation, and community development and support. Lead Division: Administration - CSD Sustainable Environment and Infrastructure 4.1Manage and enhance the urban forest so that it will continue to make a long-term contribution to the livability of Kitchener. ID#Strategic Action ЋЉЊБЋЉЊВ Sustainable Urban Forest Management Program SE06 This project will initiate the development of a Sustainable Urban Forest Program with the creation of an urban forest strategic plan for public and private urban forest, and an asset management plan for trees on city lands. A sustainable program sets the course of action for a socially desirable urban forest that can also be achieved and maintained based on the true capacity of the city to manage resources. Lead Division:Operations - Environmental Services 4 - 29 Sustainable Environment and Infrastructure Community-Wide Tree Planting & Donation Program SE10 of improvements to public spaces in the city by creating a citywide public-private program with a goal, to plant a large number of new trees in the city over the next decade. Through this program the City and commercial land, while achieving the many quality-of-life benefits that come with planting trees. Lead Division: Operations - Environmental Services Implementation of the Emerald Ash Borer Management Program SE19 Emerald ash borer (EAB) is an introduced tree pest from Asia that attacks and kills all species of ash trees. This pest is now found across the city, and population levels are increasing. The city's objectives in managing the EAB are: protect part of the mature tree canopy by using chemical injections; minimize the risks and financial costs by removing untreated trees systematically; and develop and implement a sustainable replanting plan. Lead Division:Operations - Environmental Services 4.2Develop measures to manage stormwater and improve water quality in the city's watershed. ID#Strategic Action ЋЉЊБЋЉЊВ Low Impact Development Design Guidelines - Stormwater Utility SE05 Low Impact Development (LID) is an approach to storm water management that mimics a site's natural hydrology as the landscape is developed. Using the Low Impact Development approach, storm water is managed on-site and the rate and volume of storm water reaching receiving waters is unchanged from predevelopment levels. These guidelines will be integrated into the existing Development Manual. Lead Division: Engineering 4.3Reduce greenhouse emissions and energy consumption in all areas of city operations. ID#Strategic Action ЋЉЊБЋЉЊВ Corporate Climate Action Plan SE04 Develop a comprehensive Climate Action Plan for the organization that integrates both mitigation measures with adaptation strategies that work synergistically to reduce vulnerability to climate risks and greenhouse gas emissions. Lead Division: Office of the CAO Implementation of the LED Street Light Conversion SE09 Implement the approved recommendation of the LED Street Light Conversation Strategy. Lead Division:Transportation Services 4 - 30 Sustainable Environment and Infrastructure Implementation of the Energy Conservation Demand Management Program SE21 The City of Kitchener will integrate energy management in a strategic manner, promoting the responsible and efficient use of energy resources to achieve economic, community and environmental benefits. Lead Division: Facilities Management 4.4Develop a network of safe, comfortable and linked pedestrian and cycling facilities and improve year-round maintenance on priority routes. ID#Strategic Action ЋЉЊБЋЉЊВ Iron Horse Trail Improvement Strategy - Central Section SE07 Improvements to the central section (Victoria Street to Queen Street) of the Iron Horse Trail will include trail-road crossings, signage, seating & rest areas, trail width & surfacing, connectivity, amenities and landscaping. Lead Division:Operations - Environmental Services Year-round Maintenance of Trails and Pathways Around Schools - Pilot SE08 Implement the pilot project to asphalt and winter maintain trails around Glencairn Public School and that staff monitor the use of these trails through two winter seasons. Continue to meet with neighbourhood associations on school access routes and report back to council on the finding of the pilot project and future direction. Lead Division:Operations - Environmental Services Trail Maintenance Service Level Review SE11 Complete a review of standards and procedures for trail inspection and maintenance to ensure current practices are meeting the needs of the community, and specifically consider options to prevent significant damage to the usability of trails due to washouts. Lead Division: Operations - Environmental Services Update the Cycling Master Plan SE12 This project will entail updating the 2010 Cycling Master Plan which previously had only looked at on- road cycling facilities. The proposed update will update the on-road network as well as incorporate off- road trails cycling infrastructure. This will also include proposing cycling related education and programming. Lead Division: Transportation Services Iron Horse Trail Improvement Strategy - North and South Section SE23 Improvements to the North (Union to Victoria) and South section (Queen to Ottawa) of the Iron Horse Trail will include items such as trail paving and widening, improved trail-road crossings and wayfinding signs, additional seating and garbage bins, as well as, enhanced naturalization and landscaping. Subject to grant funding additional trail lighting will be included. Lead Division:Operations - Environmental Services 4 - 31 Sustainable Environment and Infrastructure Implementation of the Cycling Master Plan SE13 Installing/implementing the recommended infrastructure/programming as outlined in the Cycling Master Plan. Recognizing the social, health, environmental and economic benefits of cycling, the City of Kitchener Cycling Master Plan enhances the choice to cycle as a viable means of transportation and recreation through the provision of a safe, comfortable, and connected bikeway network on City streets and quality multi-use trails. Lead Division: Transportation Services Implementation of the Sidewalk Infill Program SE14 Sidewalk infrastructure is a key component of the urban environment that encourages and facilitates walking and active transportation, supports community health, vitality and safety. Sidewalks contribute significantly to a sustainable community and a pedestrian friendly environment. Lead Division:Transportation Services 4.5Strengthen the capability and capacity within the organization to manage all of the city's assets so that they are affordable, dependable and sustainable in the long-term. ID#Strategic Action ЋЉЊБЋЉЊВ Asset Management Plans for Cemeteries SE24 Develop the first phase of a detailed asset management plan outlining the current state of assets within the scope of the plan as well as the data requirements necessary to create a long-range lifecycle management plan. These plans will support data-driven decisions and balance maintenance activities to the expected levels of service within the asset category. Lead Division:Sport Asset Management Plans for Golf SE25 Develop the first phase of a detailed asset management plan outlining the current state of assets within the scope of the plan as well as the data requirements necessary to create a long-range lifecycle management plan. These plans will support data-driven decisions and balance maintenance activities to the expected levels of service within the asset category. Lead Division: Sport Asset Management Plans for Parking Enterprise SE26 Develop the first phase of a detailed asset management plan outlining the current state of assets within the scope of the plan as well as the data requirements necessary to create a long-range lifecycle management plan. These plans will support data-driven decisions and balance maintenance activities to the expected levels of service within the asset category. Lead Division: Transportation Services Asset Management Plan for Storm Water SE27 Update the asset management plan to create a long-range detailed lifecycle and financial management plans for the stormwater utility. Develop a data-driven framework that leverages the cause and effect of maintenance activities related to the overall health of the assets balanced against expected levels of service. Lead Division:Engineering 4 - 32 Sustainable Environment and Infrastructure Management of the Water Infrastructure Program SE16 Champion the annual monitoring and minor rate adjustments for Stormwater, sanitary and water utilities to ensure the pro-active and preventative maintenance and capital replacement aligns with lead and timelines for the next major review set for 2022. Lead Division: Administration - INS Development of Asset Data Systems SE17 Council priorities and legislated requirements. Lead Division:Asset Management Development of Detailed Asset Management Plans SE18 Work towards the development of detailed asset management plans/processes for all asset groups to defined levels of service for each asset class. The Asset Management Division provides an advisory/coordination service to assist asset group owners for the development of detailed asset plans. Lead Division: Asset Management Developmnent of Facility Asset Management Plans SE20 occupied facility assets. Lead Division: Facilities Management 4.6Improve the City of Kitchener's ability to leverage funding opportunities for the development and renewal of infrastructure through federal and provincial programs and other partnerships. ID#Strategic Action ЋЉЊБЋЉЊВ Intergovernmental Relations - Municipal Infrastructure Funding SE15 Advocate for greater infrastructure funding for municipalities from the federal and provincial governments. Lead Division: Office of the CAO 4 - 33 Effective and Efficient City Services 5.1Enhance and roll out plans for managing emergencies and business disruptions to protect lives and continue to deliver critical services to the community. ID#Strategic Action ЋЉЊБЋЉЊВ Server Systems Failover Capability CS36 Accelerate the installation of required equipment to provide comprehensive server backup capability at the Kitchener Operations Facility to allow for business continuity in the event a loss of operations at the City Hall computer room. This installation will respond to one of the major recommendations from the business continuity project. Lead Division: Technology Innovation & Services Implementation of Emergency Management and Business Continuity Program CS45 Develop and implement a corporate wide resiliency plan to enhance our emergency management capabilities and continuity of operations. Lead Division:Fire 5.2Improve the design and delivery of city services so that they provide what citizens want in the most reliable, convenient and cost-efficient way. ID#Strategic Action ЋЉЊБЋЉЊВ Responsible Pet Ownership Strategy CS03 Work in conjunction with City of Waterloo and KW Humane Society to development a series of actions to encourage responsible pet ownership. Lead Division:By-Law Enforcement Electronic Agenda Management CS18 Create, prepare, approve and publish meeting agendas in a more efficient, collaborative, streamlined manner. Lead Division:Legislated Services Online Business Licensing CS37 Implement the first phase of online business licensing (e.g., pilot with business license renewals). Lead Division:Legislated Services 4 - 34 Effective and Efficient City Services AMANDA 7 and Public Portal Review CS55 The AMANDA software system requires a significant upgrade; AMANDA 7. Prior to implementation, testing of scripts and set-up of security groups and reporting tools is necessary. The existing public portal is integral to the core business. The project will include reviewing the existing public portal including other software options. Lead Division: Building Administrative Monetary Penalties Strategy (AMPS) CS56 Research and development of removing the parking ticket process from the Regional Court House and implementing an internal process that could be shared with Waterloo, resulting in a more efficient and customer-focused process. Lead Division:By-Law Enforcement Revenue Comprehensive Service Review Action Plan and Implementation CS58 Develop and implement an action plan to respond to the Revenue comprehensive review key findings and recommendations. Lead Division: Revenue Development of Public Internet Access Standard CS62 Digital Kitchener outlined the development of a Public Internet Access Standard as part of the Inclusive theme. This project will include working with community partners to define what attributes would constitute public access and then using that definition, developing a minimum standard of free public Internet access to be adopted by the City. This minimum standard can then be used to direct future investments for public access terminals or free Wi-Fi in future projects. Lead Division: Technology Innovation & Services Narrowband Smart City/Internet of Things Network Development CS63 As part of the LED street light replacement program a narrowband network to enable smart city capabilities has been procured. Work with vendor to design the network, provision network connection points and to provision network security. As the LED street lights are deployed and the narrowband network begins to take shape, IT will optimize the network and develop a solid understanding of the potential uses while ensuring proper security is maintained. Lead Division: Technology Innovation & Services Regional Emergency Communications Centre CS24 Incorporate the recommendations from the regional emergency communications centre report. Lead Division:Fire 2018 Election CS40 Conduct the 2018 election and report on the outcome. Lead Division: Legislated Services 4 - 35 Effective and Efficient City Services Utility Meter Mobile Workforce Management System (MWMS) CS60 Source a highly configurable and flexible mobile workforce management solution to facilitate in field management of a variety of gas and water related legislated activities. The proposed solution will replace the current paper based systems, integrate through SAP service orders and Cityworks work orders allowing dispatchers to input into a queue of work plans delivered to staff by mobile devices through the MWMS. Lead Division: Utilities Civic Innovation Lab at Communitech CS64 The establishment of a Civic Innovation Lab is a significant initiative in support of the Digital Kitchener strategy. The lab will operate as a pilot project for 3 years and focus on developing innovative solutions where Internet of Things (IoT) can help solve municipal challenges. Work to establish the lab will begin in 2017 pending project and budget approval by Council with the intent of having a fully operational lab by the end of the year located at Communitech. Lead Division:Technology Innovation & Services Implementation of the Digital Kitchener Strategy CS65 Digital Kitchener, a four year digital strategy approved by Council in 2017, is a vision to make Kitchener more Connected, Innovative, On-Demand and Inclusive. A number of initiatives will be identified on an annual basis that fulfill the action steps outlined in Digital Kitchener and help realize the vision. Staff will report back to Council on the progress of the plan annually. Ongoing communications and marketing of Digital Kitchener and its supporting initiatives will need to continue. Lead Division: Technology Innovation & Services Direct Detect Business Case Analysis CS67 Conduct a business analysis that will allow the department to reassess current business practices, analyze technology systems, determine future needs, and implement the necessary steps to improve the direct detect program. Lead Division: Fire Service Review of Maintenance Standards for Public Spaces CS42 Measure, monitor and report on service standards for the maintenance of public spaces to ensure expectations are met on a consistent basis and issues are identified and addressed. Implement an ongoing process to publicly report on established standards and the extent to which the city is meeting standards on a consistent basis. Lead Division: Operations - Environmental Services Replacement of Fire Department Dispatch System CS61 Implement the Intergraph Computer Aided Dispatch system with Waterloo Regional Police Services to enhance interoperability between the two public safety agencies. The current CAD system is approaching the end of its life cycle and must be replaced. Lead Division:Fire Electronic Records Management Strategy CS68 Implement the necessary and appropriate strategies, tools, processes and skills to systematically maintained as evidence of business activities and transactions. Lead Division: Legislated Services 4 - 36 Effective and Efficient City Services Leisure Facilities Master Plan CS66 The Leisure Facilities Master Plan provides the foundation for investment in existing leisure and recreation facilities and services and determines future facilities and services within the City. The final plan will provide recommendations on new facilities to be incorporated into the development charges by-law. Lead Division: Sport CS72 Phase 1 of the review will identify scope, stakeholders, and complete a gap analysis. The review will help set the direction and priorities for meeting emerging community expectations with respect to sustainability such as recycling in parks and trails, etc. Lead Division:Operations - Roads & Traffic Automation of Payment Processing CS69 Multi-phase project including investigation and automation of corporate credit card processing, online travel and expense claims, and electronic storage in SAP of payment documentation such as invoices and cheque remittances in an effort to reduce paper and streamline processes. Lead Division: Accounting Smart Service Delivery CS44 Participate in municipal service delivery collaboration to assess customer needs, create potential partnerships and financial efficiencies, and to share knowledge and research. Lead Division: Office of the CAO Implementation of the FCS Service Strategy CS46 Build commitment to a shared strategic workplan to align the department around the goal of enriching service and creating value together with other departments. Lead Division: Administration - FCS & Internal Audit Internal Audit & Service Reviews CS47 Oversee development and internal support for annual corporate-wide service improvement work plan. management processes, efficiency, controls and compliance, and quality of performance in carrying out responsibilities to achieve City goals and objectives. Lead Division:Administration - FCS & Internal Audit Implementation of the Mobile Computing Strategy CS50 Improved mobile computing capabilities will allow business areas to leverage our technology offerings and improve the efficiency of their staff, allowing them to spend less time in the office, reduce travel and improve data collection and data quality. It will also enable better customer service by closing the loop on service request status information. Lead Division: Technology Innovation & Services 4 - 37 Effective and Efficient City Services Implementation of Business Intelligence Tools & Functionality CS51 Business Intelligence tools and functionality will be rolled out starting in 2016, and will enhance business. Lead Division: Technology Innovation & Services 5.3Provide citizens with competitive, rational and affordable taxation levels. ID#Strategic Action ЋЉЊБЋЉЊВ Comprehensive Review of Business Licensing CS31 Undertake a full review of business licensing processes for greater customer focus, better use of existing technologies and to implement industry best practices. Review and update licensing by-law to provide greater clarity, and review and update fees. Improve relationships and integration with internal partners, and cross-train staff for improved service provision and personal development. Lead Division:Legislated Services 5.4Ensure the responsible stewardship of public funds within a supportive policy framework. ID#Strategic Action ЋЉЊБЋЉЊВ Long Term Financial Plan CS09 Prepare a consolidated long term financial plan that will be the financial framework for the City going forward. The framework will incorporate policy work pertaining to reserves, debt, and enterprise investments. Lead Division: Financial Planning Parkland Dedication Policy Update CS59 Comprehensive review and update of the current Parkland Dedication Policy related to acquiring parkland (or cash-in-lieu payment) through development applications. Lead Division: Operations - Environmental Services Water & Sanitary - Review of Rate Structure CS22 Champion a review of the water and sanitary utilities fixed vs. variable rate structure. Lead Division:Administration - INS 4 - 38 Effective and Efficient City Services Purchasing Procedures to Support New By-law CS71 Development of purchasing procedures related to the new purchasing by-law including: debriefing; procurement protest; supplier performance evaluation; supplier suspension and solicitation document drafting. Lead Division: Supply Services Development Charges Background Study (2019) CS41 legislation. Lead Division:Financial Planning Streamline Procurement Processes Related to Payment Processing CS70 Streamline procurement processes related to payment processing by reviewing and revising SAP functionality as well as increasing utilization of corporate credit cards. Lead Division: Supply Services Review of Comprehensive Reserve Fund Policy CS38 Council approved a comprehensive reserve fund policy in 2012. One of the commitments staff made at that time was to review the policy after 5 years. Lead Division: Financial Planning 5.5Strengthen employee engagement, performance management and accountability for results across the organization. ID#Strategic Action ЋЉЊБЋЉЊВ Implementation of the First Phase of the Corporate Talent Strategy CS25 Implement actions to ensure commitment to becoming a high-performing, credible and dynamic organization, while supporting change to move the organization and employees toward a desired corporate culture. The strategy includes initiatives in 7 strategic programs: workforce planning, recruiting & staffing, onboarding & orientation, learning & development, career management, succession management, and performance management; as well as development in leadership. Lead Division: Human Resources Development of Core Service Performance Measures CS43 Continue to develop Key Result Indicators for all core services and report the results through the performance targets for each KRI (2018); and collect performance data and publicly report on results. Lead Division:Office of the CAO 4 - 39 Effective and Efficient City Services Management of the Employee Culture Survey CS48 Comprehensive and organization wide survey data on employee engagement and alignment with our People Plan. Drivers of employee engagement identified. Work plans informed by the survey data to be developed and implemented to increase employee engagement. Lead Division: Human Resources Implementation of People Plan Action Items CS49 Implement Initiatives to enhance and improve the workplace culture of organization, supporting and collaboration, change and growth. The current 5-year People Plan was launched in 2014; in 2018 it will be refreshed and updated. Lead Division:Human Resources 4 - 40 APPENDIX C: Recommended Changes from 2017 PART 1 - NEW STRATEGIC ACTIONS TO BE ADDED Project Name: Parks, Playgrounds and Trails Community Engagement Review ID# OG20 Lead Division: Office of the CAO Start: 2018 End: 2018 Description: of improvements to public spaces in the city by prioritizing the way the city engages with residents in the development or redevelopment of neighbourhood parks, playgrounds and trails. There will be a focus on serving the specific needs of residents in terms of ages, interests, abilities and cultural backgrounds. Budget: N/A Strategic Priority: Open Government 1.3 Council Approved: ķķΉƒƒΉǤǤ Project Name: E-Services Strategy Engagement and Refreshed Roadmap ID# OG21 Lead Division: Office of the CAO Start: 2018 End: 2019 Description: This action supports the Customer Service Strategy Principle of Channel Availability. Engage citizens to determine their preferences for new e-services and develop an updated, prioritized e-services roadmap and work plan. Budget: N/A Strategic Priority: Open Government 1.4 Council Approved: ķķΉƒƒΉǤǤ Project Name: Advance CRM Technology ID# OG22 Lead Division: Office of the CAO Start: 2018 End: 2019 Description: This action supports the Customer Service Strategy Principle of Channel Integration. This work focuses on developing a prioritized roadmap/work plan for all initiatives required to integrate the LAGAN/CRM software with other key corporate systems. Deliverables will include the development of a strategy to assess corporate business lines to be brought on to CRM over time. This work is critical to the development of a future online portal. Budget: N/A Strategic Priority: Open Government 1.4 Council Approved: ķķΉƒƒΉǤǤ Project Name: Close the Loop with Citizens ID# OG23 Lead Division: Office of the CAO Start: 2018 End: 2019 Description: This action supports the Customer Service Strategy Principle of Customer Interactions. Use the information obtained through the Corporate Customer Service Review to develop a strategy outlining how final resolution to service interactions will be communicated to citizens, when possible. Budget: N/A Strategic Priority: Open Government 1.4 Council Approved: ķķΉƒƒΉǤǤ 4 - 41 Project Name: Make It Start - Creative Hub at 44 Gaukel Street ID# EC24 Lead Division: Economic Development Start: 2018 End: 2019 Facilitate the development of a hub for creative industry entrepreneurs through affordable space, Description: networking and professional development opportunities. Based on the results of the 2017 RFP process, develop revised implementation options and a re-scoped pathway forward. Funding has been allocated in the reserve. Implementation is dependent on the Council approval of the Business Case. Budget: N/A Strategic Priority: Economy 2.1 Council Approved: ķķΉƒƒΉǤǤ Project Name: Make It Start - Digital Training for Entrepreneurs ID# EC25 Lead Division: Economic Development Start: 2018 End: 2019 Develop and launch a series of digital training opportunities to enable entrepreneurs and small Description: businesses to become more competitive locally, regionally and globally. This would include the assessing the feasibility and funding opportunities to support such programming. Budget: N/A Strategic Priority: Economy 2.1 Council Approved: ķķΉƒƒΉǤǤ Project Name: Make It Grow - Music and Film Industry Office ID# EC26 Lead Division: Economic Development Start: 2018 End: 2019 Description: Support the creation of a Music and Film Industry office to facilitate local music, film and digital media cluster success in Kitchener and area. Funding has been allocated in the reserve. Implementation is dependent on the Council approval of the Business Case. Budget: N/A Strategic Priority: Economy 2.4 Council Approved: ķķΉƒƒΉǤǤ Project Name: Make It Urban - Upper Level Market Transformation ID# EC27 Lead Division: Economic Development Start: 2018 End: 2019 Description: As part of the Kitchener Market Strategy implementation, develop and begin implementing a plan for entrepreneurial and identifiable experience while generating additional revenue. This could include a refreshed look, improved functionality and the introduction of a Food Incubator to support new food startups. Budget: N/A Strategic Priority: Economy 2.4 Council Approved: ķķΉƒƒΉǤǤ COMMUNITY SERVICES DEPARTMENT Project Name: Neighbourhood Places Program - Resident Led Public Art ID# NB47 Lead Division: Community Programs and Services Start: 2018 End: 2019 This action is a recommendation from the City's lovemyhood strategy and supports the implementation Description: of improvements to public spaces in the city by allowing resident led public art projects in public spaces. There will be a focus on providing simple steps for residents to follow when working with city staff to make neighbourhood improvements. Budget: N/A Strategic Priority: Neighbourhoods 3.1 Council Approved: ķķΉƒƒΉǤǤ 4 - 42 Project Name: Snow Angel Program ID# NB48 Lead Division: Community Programs and Services Start: 2018 End: 2019 This action is a recommendation from the City's lovemyhood strategy and supports the implementation Description: of a program that promotes neighbourhood safety by connecting volunteers with those who need assistance clearing snow away from sidewalks and driveways. Budget: N/A Strategic Priority: Neighbourhoods 3.1 Council Approved: ķķΉƒƒΉǤǤ Project Name: South-West End Community Centre Business Case ID# NB49 Lead Division: Community Programs and Services Start: 2019 End: 2020 Community needs assessment addressing space and programming needs for a new community centre in Description: the South West area of Kitchener. Budget: N/A Strategic Priority: Neighbourhoods 3.5 Council Approved: ķķΉƒƒΉǤǤ Project Name: Neighbourhood Places Program Neighbourhood Greening Program ID# NB50 Neighbourhood Development Office Start: 2018 End: 2018 Lead Division: Description: of improvements to public spaces in the city (specifically neighbourhood greening efforts such as adopt a park, trail, garbage can, clean-up days, etc), with a focus on providing simple steps for residents to follow when working with city staff to make neighbourhood improvements. Budget: N/A Strategic Priority: Neighbourhoods 3.6 Council Approved: ķķΉƒƒΉǤǤ Project Name: Neighbourhood Places Program Public Seating Program ID# NB51 Lead Division: Neighbourhood Development Office Start: 2018 End: 2018 This action is a recommendation from the Description: of improvements to public spaces in the city (such as more benches or rest stops, improvements at bus stops, better shading or lighting), with a focus on providing simple steps for residents to follow when working with city staff to make neighbourhood improvements. Budget: N/A Strategic Priority: Neighbourhoods 3.6 Council Approved: ķķΉƒƒΉǤǤ Project Name: More Neighbourhood Events ID# NB52 Lead Division: Neighbourhood Development Office Start: 2018 End: 2018 Description: of creating simple steps to follow when residents are working with the City to organize an event, especially street parties. Budget: N/A Strategic Priority: Neighbourhoods 3.6 Council Approved: ķķΉƒƒΉǤǤ Project Name: Boulevard Beautification Guidelines ID# NB53 By-Law Enforcement Start: 2018 End: 2018 Lead Division: Review and develop guidelines which will allow residents flexibility in using different materials, ground Description: cover and plantings as an alternative to sod on city boulevards. This action supports the vision for lovemyhood by creating a system where residents can take the lead in these beautification projects. N/A Strategic Priority: Neighbourhoods 3.6 Budget: Council Approved: ķķΉƒƒΉǤǤ 4 - 43 Project Name: Event-in-a-Trailer ID# NB54 Lead Division: Community Programs and Services Start: 2018 End: 2019 This action is a recommendation from the City's lovemyhood strategy and supports the implementation Description: of a bookable event-in-a-trailer that will deliver equipment to neighbourhoods running their own events which is affordable. Budget: N/A Strategic Priority: Neighbourhoods 3.6 Council Approved: ķķΉƒƒΉǤǤ Project Name: Neighbourhood Use of Schools and Faith Based Facilities ID# NB55 Lead Division: Sport Start: 2018 End: 2019 Description: ange in neighbourhoods through exploring and starting conversations with school boards and faith based facilities for greater access to their indoor and outdoor facilities. Budget: N/A Strategic Priority: Neighbourhoods 3.6 Council Approved: ķķΉƒƒΉǤǤ Project Name: Asset Management Plans for Cemeteries ID# SE24 Lead Division: Sport Start: 2018 End: 2018 Description: Develop the first phase of a detailed asset management plan outlining the current state of assets within the scope of the plan as well as the data requirements necessary to create a long-range lifecycle management plan. These plans will support data-driven decisions and balance maintenance activities to the expected levels of service within the asset category. Budget: N/A Strategic Priority: Sustainability 4.5 Council Approved: ķķΉƒƒΉǤǤ Project Name: Asset Management Plans for Golf ID# SE25 Lead Division: Sport Start: 2018 End: 2018 Description: Develop the first phase of a detailed asset management plan outlining the current state of assets within the scope of the plan as well as the data requirements necessary to create a long-range lifecycle management plan. These plans will support data-driven decisions and balance maintenance activities to the expected levels of service within the asset category. Budget: N/A Strategic Priority: Sustainability 4.5 Council Approved: ķķΉƒƒΉǤǤ Project Name: Direct Detect Business Case Analysis ID# CS67 Lead Division: Fire Start: 2018 End: 2018 Description: Conduct a business analysis that will allow the department to reassess current business practices, analyze technology systems, determine future needs, and implement the necessary steps to improve the direct detect program. Budget: N/A Strategic Priority: City Services 5.2 Council Approved: ķķΉƒƒΉǤǤ 4 - 44 FINANCE & CORPORATE SERVICES DEPARTMENT Project Name: Electronic Records Management Strategy ID# CS68 Legislated Services Start: 2018 End: 2020 Lead Division: Implement the necessary and appropriate strategies, tools, processes and skills to systematically control Description: evidence of business activities and transactions. N/A Strategic Priority: City Services 5.2 Budget: ķķΉƒƒΉǤǤ Council Approved: Automation of Payment Processing ID# CS69 Project Name: Accounting Start: 2018 End: 2019 Lead Division: Multi-phase project including the implementation of electronic processes to streamline corporate credit Description: card reconciliation; electronic travel and expense claims; and research and investigate opportunities to reduce paper/ filing N/A Strategic Priority: City Services 5.2 Budget: ķķΉƒƒΉǤǤ Council Approved: Streamline Procurement Processes Related to Payment Processing ID# CS70 Project Name: Supply Services Start: 2018 End: 2019 Lead Division: Streamline procurement processes related to payment processing by reviewing and revising SAP Description: functionality as well as increasing utilization of corporate credit cards. N/A Strategic Priority: City Services 5.4 Budget: ķķΉƒƒΉǤǤ Council Approved: Purchasing Procedures to Support New By-law ID# CS71 Project Name: Supply Services Start: 2018 End: 2018 Lead Division: Development of purchasing procedures related to the new purchasing by-law including: debriefing; Description: procurement protest; supplier performance evaluation; supplier suspension and solicitation document drafting. N/A Strategic Priority: City Services 5.4 Budget: ķķΉƒƒΉǤǤ Council Approved: INFRASTRUCTURE SERVICES DEPARTMENT City Hall Outdoor Spaces Detailed Design ID# EC28 Project Name: Facilities Management Start: 2018 End: 2019 Lead Division: Develop a detailed design to address critical infrastructure repairs for City Hall outdoor spaces and Description: concurrent work to improve the functionality of Carl Zehr Square for public events programming. N/A Strategic Priority: Economy 2.5 Budget: ķķΉƒƒΉǤǤ Council Approved: 4 - 45 Reduce Municipal Barriers Review Permitted Uses in Parks ID# NB56 Project Name: Ops - Environmental Services Start: 2018 End: 2019 Lead Division: This actio Description: neighbourhoods through a review of permitted uses in parks to provide clarity on a range of uses that are acceptable and outline a streamlined process to review requests for park use. This review will be d Development Office and By-law Enforcement. N/A Strategic Priority: Neighbourhoods 3.6 Budget: ķķΉƒƒΉǤǤ Council Approved: Asset Management Plans for Parking Enterprise ID# SE26 Project Name: Transportation Services Start: 2018 End: 2018 Lead Division: Develop the first phase of a detailed asset management plan outlining the current state of assets within Description: the scope of the plan as well as the data requirements necessary to create a long-range lifecycle management plan. These plans will support data-driven decisions and balance maintenance activities to the expected levels of service within the asset category. N/A Strategic Priority: Sustainability 4.5 Budget: ķķΉƒƒΉǤǤ Council Approved: Asset Management Plan for Storm Water ID# SE27 Project Name: Engineering Start: 2018 End: 2019 Lead Division: Update the asset management plan to create a long-range detailed lifecycle and financial management Description: plans for the stormwater utility. Develop a data-driven framework that leverages the cause and effect of maintenance activities related to the overall health of the assets balanced against expected levels of service. N/A Strategic Priority: Sustainability 4.5 Budget: ķķΉƒƒΉǤǤ Council Approved: Sanitation Review Phase 1 ID# CS72 Project Name: Ops Roads and Traffic Start: 2018 End: 2019 Lead Division: Phase 1 of the review will identify scope, stakeholders, and complete a gap analysis. The review will Description: help set the direction and priorities for meeting emerging community expectations with respect to sustainability such as recycling in parks and trails, etc. N/A Strategic Priority: City Services 5.2 Budget: ķķΉƒƒΉǤǤ Council Approved: 4 - 46 PART 2 - STRATEGIC ACTIONS TO BE REMOVED ID# OG11 Project Name: Office of the CAO Lead Division: Give citizens access to the latest data on a wide-range of municipal services and a timely look at how Description: we are building a more innovative, caring and vibrant city. Develop an interactive web based tool that features services levels, performance data and rends over time, displaying the results in a way that citizens can readily understand. Resource constraints. Will look to reinstate project at Strategic Priority: Open Government 1.2 Reason: a later date following availability of resources. ķķΉƒƒΉǤǤ Council Approved: ID# EC01 Arts & Culture Strategy Project Name: Economic Development Lead Division: Consult with stakeholders to develop a multi-year plan for arts business and cultural vitality strategy Description: including digital media, music, film design and emerging clusters. Will revisit the strategy upon completion of the Strategic Priority: Economy 2.4 Reason: Creative Hub process. ķķΉƒƒΉǤǤ Council Approved: ID# EC09 Develop a Kitchener Brand Strategy Project Name: Corporate Communication and Marketing Lead Division: Develop and implement a brand strategy for Kitchener that clearly and consistently articulates the Description: ate a brand standards manual to ensure standard application of the brand and ensure alignment with the brand on an ongoing basis. Brand strategy has been incorporated into various Strategic Priority: Economy 2.1 Reason: other projects and resource constraints due to workload pressures. ķķΉƒƒΉǤǤ Council Approved: Community Services Department ID# NB45 Neighborhood Strategy Implementation Project Name: Administration CSD Lead Division: Achievement of recommendations in the lovemyhood strategy focus areas of great places, connected Description: people and working together, with the vision of helping neighbours connect and work together to do great things in their neighbourhoods. Strategy is being implemented through various new Strategic Priority: Neighbourhoods 3.1 Reason: lovemyhood projects included in the Business Plan ķķΉƒƒΉǤǤ Council Approved: Cultural Heritage Landscape Strategy Phase 2 ID# NB22 Project Name: Planning Lead Division: Consult with Heritage Kitchener in order to prioritize the implementation of conservation tools for the Description: cultural heritage landscapes identified in Phase 1 which include the listing of locations on the municipal heritage register, identifying specific cultural heritage landscapes in the Official Plan, and developing new/enhanced guidelines and best practices. This work will be incorporated into core service. Strategic Priority: Neighbourhoods 3.3 Reason: ķķΉƒƒΉǤǤ Council Approved: 4 - 47 Infrastructure Services Department ID# SE22 Recycling Services in Parks & Trails Project Name: Ops Env Services Start: 2018 End: 2019 Lead Division: Review of provisions of recycling services for trails and parks. The initiative will identify required Description: resources to offer recycling facilities and report back to Council with options. This project will be wrapped into a comprehensive sanitation Strategic Sustainability 4.3 Reason:: review to be initiated by INS Roads & Traffic. Recycling is one Priority: component of sanitations. A comprehensive review is required. ķķΉƒƒΉǤǤ Council Approved: 4 - 48 PART 3 - NAME/SCOPE CHANGES ID# OG12 Previous Project Name: Citizen-First Culture New Project Name: Customer Service Review Lead Division: Office of the CAO Start: 2017 End: 2019 Description: This action supports the Customer Service Strategy Principle of Efficiency and Effectiveness. This work focuses on understanding the service challenges and opportunities across the organization service review, external citizen engagement campaign, employee campaign, and development of a service brand. Budget: NA Strategic Priority: Open Government 1.5 Council Approved: ķķΉƒƒΉǤǤ INFRASTRUCTURE SERVICES DEPARTMENT ID# SE16 Previous Project Name: Accelerated Infrastructure Replacement Program New Project Name: Management of the Water Infrastructure Program Lead Division: INS - Administration Start: 2017 End: Ongoing Description: Champion the annual monitoring and minor rate adjustments for Stormwater, sanitary and water utilities to ensure the pro-active and preventative maintenance and capital replacement aligns corporate lead and timelines for the next major review set for 2022. Budget: NA Strategic Priority: Sustainability 4.5 Council Approved: ķķΉƒƒΉǤǤ ID# SE23 Previous Project Name: Iron Horse Trail Improvement Strategy (Priority C: South Section) New Project Name: Iron Horse Trail Improvement Strategy North and South Section Lead Division: Operations Environmental Services Start: 2018 End: 2019 Description: Improvements to the North (Union to Victoria) and South section (Queen to Ottawa) of the Iron Horse Trail will include items such as trail paving and widening, improved trail-road crossings and wayfinding signs, additional seating and garbage bins, as well as, enhanced naturalization and landscaping. Subject to grant funding additional trail lighting will be included. Budget: $1,650,000 Including $700,000 Grant Strategic Priority: Sustainability 4.4 Council Approved: ķķΉƒƒΉǤǤ 4 - 49 PART 4 - DELAYS TO EXPECTED COMPLETION PlannedUpdated EndDate Dept Project End Date April Status Update NB21 Hidden Valley Land Use Study CSD 2018 2019 Reason: Technical work will happen in phases to minimize financial risk. SE05 Low Impact Development Design Guidelines Stormwater Utility INS 2017 2018 Reason: Time required for responding to the anticipated Environmental Bill of Rights from the Ministry of the Environment & Climate Change. CS15 Internal Order Process Improvements FCS 2017 TBD Reason: Resource constraints due to workload pressures CS34 Payment Process Improvements and Electronic Funds Transfer Payments FCS 2017 2018 Reason: Resource constraints due to workload pressures August Status Update CS09 Long Term Financial Plan FCS 2017 2018 Reason: Resource Constraints due to workload pressures OG08 E-Tendering Reason: Implementation was staggered and more time is taken to ensure FCS 2017 2018 new Purchasing By-Law is followed SE07 Iron Horse Trail Improvement Strategy (Priority A Central Section) INS 2017 2018 Reason: Project needs to be re-tendered as original yielded no bids December Status Updates EC04 Make It Vibrant - Special Events and Urban Experience Strategy CAO 2017 2019 Reason: Resource constraints due to workload pressures EC08 Make It Start - Advanced Manufacturing Incubator CAO 2017 2019 Reason: Awaiting conclusion of the Super Cluster Funding Bid CS03 Responsible Pet Ownership Strategy CSD 2017 2018 Reason: Resource constraints due to workload pressures NB11 Comprehensive Zoning By-law Review CSD 2018 2019 Reason: Resource constrains due to workload pressures 4 - 50 REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: December 4, 2017 SUBMITTED BY: Christine Tarling, Director of Legislated Services/City Clerk, 519- 741-2200 ext. 7809 PREPARED BY: Helen Fylactou, Manager of Licensing, 519-741-2200 ext. 7854 WARD(S) INVOLVED: ALL DATE OF REPORT: November 20, 2017 REPORT NO.: FCS-17-149 SUBJECT: Comprehensive Business Licence Review ___________________________________________________________________________ RECOMMENDATION: That the new Comprehensive Business Licensing By-law, as attached to and outlined in staff report FCS-17-149, be approved; and That the 2018 User Fee Schedule be amended to include the fees set out in Appendix EXECUTIVE SUMMARY: The Comprehensive Business Licensing Review has been completed with a focus on consumer protection, health and safety, and nuisance control, and with the purpose of creating a clear, concise, and modern by-law. The proposed by-law, fees, and processes take a customer-focused approach to business licensing to support neighbourhood and community organizations as well as to facilitate business development while still protecting the public. Key improvements outlined in this report are: Fair fees for all types of businesses; Removal of barriers where possible; Clear and rational regulations where needed; Streamlined processes for all businesses; and #lovemyhood strategy. Part of the focus on customer service is to create a one-stop shop for applicants, which entails implementing online business licence applications as well as eliminating the *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 5 - 1 need for business licence applicants to go from city department to city department to arrange the requisite inspections. Instead, Licensing Services staff will arrange for all the necessary inspections with other departments on behalf of the applicants. This will provide business owners, Neighbourhood Associations, and other community organizations with more efficient customer service; thereby saving them time and money. In addition to the above, the removal of barriers includes eliminating the cost of a licence for neighbourhood grant recipients, and extending the charitable fee to Neighbourhood Associations and other recognized community organizations. In this way, staff is supporting local residents who are working together to help achieve the neighbourhoods. Another important component of focusing on customer service was to ensure consultation with business owners and City staff involved in the licensing process. Through stakeholder engagement and collaboration, Licensing Services staff has incorporated the diverse voices and perspectives of our community to within the proposed by-law and fees. The main areas of focus about which staff received comments are outlined in Table 1 below: Table 1 What We HeardWhat We Are DoingWhat It Achieves Creating a one-stop shop Customer-focused approach Application Process is too systemMore efficient and less expensive onerous Creatingan online process for business owners application processElimination ofunnecessarytasksor Creating a toolkit for new steps businesses Createda category specific Supports Neighbourhood Difficult for residentsto to these types of Pop-up Placemaking have special events MarketsBuilds partnerships in the (example: IncludedNeighbourhood community Markets) Associations and other Makes it easier and more affordable Community Organizations for citizens to organize events and in charitable feepromote community engagement Removed fees for neighbourhood grant recipients Reducedthe fees for new Supports the attraction, retention, Licensing is difficult for licences to attract new and development of businesses small business owners businessesMinimizes the need for business Removed unnecessary owners to come to City Hall to apply regulationsor renew their licences Enabling online licensing Created fees based on a Reduction in fees therefore Fees for New Business cost-recovery modelpromotes smaller businesses and and Temporary Vendors Created a categoryfor Pop-temporary vendors to operate in is a barrier up Shops Kitchener Supports businesses wanting to test the market 5 - 2 Through the Comprehensive Business Licence Review, staff implemented several enhancements based on the stakeholder comments and the result is the creation of an easy to understand by-law and a customer-focused approach to the business licensing process.The by-law finds the balance between the necessary business regulations, for the purpose of consumer protection, and the needs of the business owners. The methodology behind the comprehensive review and improvements made are outlined in more detail below. BACKGROUND: The Municipal Act, 2001 provides municipal councils with the authority to license, regulate, and govern any business, wholly or partly carried out within its boundaries. The primary reason for licensing and regulating businesses within a municipality is to protect the public interest as it relates to the following: 1. Health & Safety; 2. Consumer Protection; and 3. Nuisance Control. For the aforementioned reasons, it is important to ensure that business licensing by- laws and processes meet the needs of the community, are customer-service focused, and abide by any additional governing legislation. Staff has reviewed many of the individual licensing by-laws, and has developed a Comprehensive Business Licensing By-law. of the Comprehensive Business Licensing By-law. REPORT: Annually, Licensing Services administers approximately 2,700 business licences, across 91 categories within 34 by-laws (Municipal Code Chapters). As the number of business licences grows, staff has needed to ensure those by-laws and associated processes meet the needs of the community and are customer-focused. As the City has grown and changed, so too has its business landscape. Although sections of by-laws have been amended -laws and processes require a more comprehensive and cohesive review approach in order to ensure consistency and appropriateness across all business licensing categories. As well, there have been changes in the needs of the business community and emerging trends such as the shift from primarily stationary businesses to an increase in mobile businesses- business licensing by-laws, leveraging technology, and employing industry best practices will enable the Business Licensing Program to better meet the needs of businesses and the community. In 2016 staff collected input from business owners through its on-line public engagement tool, and is continuing to engage with specific business categories that may be impacted by the review. The majority of the responses received through the 5 - 3 survey were from current business licence holders. Of this group, over 65% reported the current by-laws are not easy to understand and do not support businesses in Kitchener. Through the public engagement, the two largest categories that staff heard needed improvement were the amount of regulations and the cost of a licence, specifically in regards to temporary, mobile, and special occasion licences. Respondents indicated that while they understood the importance of the regulations, they wanted to more easily identify what category they fit into and to obtain a licence more efficiently and quickly. Through the Comprehensive Business Licensing Review and the development of a new by-law, staff committed to resolve as many issues as possible by using thepreviously Council-approved Principles as follows: Eliminate duplication, Streamline processes and go digital, Support business development, Establish regulations based on risk, Reduce regulations and requirements, Create a more efficient and effective application process, and, Make the fees appropriate and fair. Key Changes: Licensing Services identified the need to modernize the business licensing by-laws and processes nuisance control while also reducing barriers for businesses. As well, staff saw the need to examine business licensing fees for all categories in order to reflect an appropriate level of cost-recovery along with enhanced service levels and efficient processes established within the new licensing program. With that in mind, the goals of the Comprehensive Review are to: Create clear, consistent, and concise by-laws, policies, and processes; Streamline processes and reduce redundancy; Remove licensing requirements that are no longer applicable; and, Modernize existing by-laws and make them easier to understand. The proposed by-law consolidates the majority of licensing by-laws into one Comprehensive Business Licensing By-law. The by-law will continue to license many types of classes of business for the purpose of health and safety, consumer protection, and nuisance control. Some of the key changes include consolidation of Chapters, elimination of Chapters, and creation of new classes of licence. As part of the review of each Chapter, staff applied the previously Council-approved Principles to create a clear and consistent by-law that can be easily understood by both staff and the public. 5 - 4 Key Changes: 1. Consolidation of Chapters: In an effort to streamline processes, staff is proposing to consolidate several chapters together to eliminate redundancy and the need for businesses to obtain multiple licences. It is expected the consolidation will also reduce confusion for applicants and make the application process quicker and simpler something the business community had requested. For example, there were four Chapters that dealt specifically with stationary businesses that serve food but had different inspection requirements and fees. The Chapters that have been combined into a new class of licence are: Previous ChaptersNew Category Amusement Arcades, Amusement Place of Amusement Place, Billards Master Drain Layer, Plumbers, Contractor Portable Sign Lessor Food Shop, Meat, Milk, Place of Food Shop Refreshment In addition to consolidating the Chapters, staff has revised the definitions to be more inclusive and to add more clarity. In some cases, the revised definition has expanded the category allowing staff to licence certain businesses that previously were not licensed, or were licensed under a Permanent Vendor licence.For example, expanding the definition of contractors allows staff to licence businesses such as building renovators and driveway paving as contractors instead of permanent vendors. This helps staff ensure that proper regulations and requirements are being followed and all types of contractors are similarly licensed. It will also allow for better statistics on how many specific types of licences exist within the City. The new by-law creates legislation that is clear and concise making it easier for staff to provide information to the business owners, as well as reducing the amount of time spent on the application process which will enable businesses to open sooner andallow staff more time for public education and proactive enforcement. 2. Elimination of Chapters: In engaging business owners, staff heard there are certain businesses currently licensed under City of Kitchener by-laws that also require a licence from the Region, the Province, or another governing body or under another piece of legislation. Requiring these businesses to also obtain a City of Kitchener licence, adds an unnecessary layer of regulation and cost for those businesses. In order to attract and retain such businesses, staff is proposing to address this issue in one of two (2) ways depending on the nature of the business: 5 - 5 1. Remove the requirement for a City of Kitchener business licence altogether; or 2. Reduce the City of Kitchener requirements in order to obtain a business licence, particularly where those requirements are already addressed by the other governing body or piece of legislation. For example, staff proposes to exclude Driving School Instructors from obtaining a business licence because they are regulated by the Province under regulation O.Reg 473/07 of the Highway Traffic Act. The additional municipal requirement is onerous and repetitive for the business owners. In addition, it is a challenge for staff to enforce drivers that are working in the City, but whose primary address is in a neighbouring municipality. The additional regulations and oversight do not increase the public interest as it relates to consumer protection. In addition, most municipalities use a risk-based model as part of the decision- making process for determining which businesses require a licence, and what requirements are attached to each type of licence. A risk-based approach to business licensing is a best practice as it allows resources to be used more effectively and efficiently while maximizing positive outcomes for business owners andthe consumer. Using a risk-based approach, staff has analyzed each business classification and determined the level of risk associated with each in order to protect the public interest. The types of risk that would be taken into consideration include, but are not limited to: i. Work s; ii. Vulnerability of the customer (e.g. being nude on massage table) and/or employees (e.g. establishment is open late or 24-hours); iii. Consumption of food/products; iv. Compliance with Fire Code Regulations (e.g. fire exits); and v. Compliance with Building Code Regulations. The likelihood of a high-risk occurrence (e.g. consumption of food) will determine whether or not there is a need for certain regulations and requirements in order to obtain a business licence such as aparticular type of inspection or a police clearance letter. The higher the potential risk posed by a specific business, the greater the need for licensing, and potentially more inspections. For low-risk businesses (e.g. clothing retailers), a licence may not be required, or there may be a lesser need for certain types of inspections. Based on the Principles of streamlining processes and using a risk-based model,the comprehensive list of Chapters staff is proposing to eliminate from requiring a business licence include: Business TypeReason Bill poster, sign poster, bill distributersLow Risk 5 - 6 Driving School InstructorsLegislated by the Province PawnbrokersLicensed by the Region of Waterloo Snow Disposal SitesLicensed and regulated by the Province (Ministry of the Environment), the Region of Waterloo, and other City departments Special SalesEliminate Duplication Street PhotographersLow Risk By reducing the amount of overlap with other governing bodies/legislation, businesses will benefit because the number of inspections and the cost to doing business will be reduced. This will also allow for businesses to be in operation sooner while still protecting the public interest. The Principles of elimination of duplication and using a risk-based model align with other municipalities including Waterloo, Cambridge, Hamilton, Brantford, and Guelph. 3. Creation of New Classes of Licences: Staff is aware of unlicensed businesses operating in Kitchener for which there is currently no by-law outlining the licensing requirements or fees. Using the risk- based approach, staff recommends the addition of new categories of business licences. It should be noted that if a type of business does not require a licence, that business is not prohibited, but rather it is unregulated. In addition, the public consultation and targeted stakeholder engagement revealed the by-laws were especially difficult for specifically pop-up shops and pop-up markets. To that end, staff has created categories to help eliminate some of the confusion for business owners and staff when trying to obtain a licence for a one-day market, or for a stationary business In order to protect the public interest as it pertains to health and safety, consumer protection, and nuisance control staff recommends that new categories of business licences be added to fill the current gaps as follows: Business CategoryExplanation Convenience StorePreviouslyrequiredup to 3types of licences (including place of refreshment, milk, and meat) sStand-alone schedule thatincludes pop-up markets, and stationary markets Motor Vehicle Facility Currently unlicensed NightclubRemoving from food shop licence Pet Care EstablishmentDoggie Daycares andnowincludes dog grooming which is currently unlicensed Pop-Up Shop market/location 5 - 7 The addition of these categories is a benefit to the public because it appropriately licenses and regulates businesses that previously were inappropriately licensed or unlicensed entirely. These new categories will now better enable compliance by educating the applicant on the requirements/regulations and to allow for inspections to take place with greater clarity. 4. Current Permanent Vendor Licenses: The current model of the Permanent Vendor licence includes any business not captured by one of the specific business classes and does not fit within an existing licensing by-law or Municipal Code Chapter. licence does not expire anddoes not require any updated inspections. Although it is a benefit to have a Permanent Vendor licence to capture businesses such as retail stores and general offices, the current model makes it difficult to ensure the correct requirements and inspections are being placed onthose businesses where needed. The new Business Licensing By-law separates business licence categories based on the type of activity of each business and includes specific requirements appropriate for those businesses including annual renewal requirements. Through the Comprehensive Review, staff eliminated 52% of the licence types from the Permanent Vendor category and shifted the business types into defined categories, most of which already existed. To ensure health and safety, consumer protection, and nuisance control, staff recommends that business owners who hold a current Permanent Vendor licence which has been moved a new category under the proposed by-law, reapply for a licence under the new process. Staff recommends that for the first year, no cost be associated with this transition but that the business be required to pay the renewal fee in subsequent years. 5. Proactive Education and Enforcement: Development, the Kitchener BIAs, and the Small Business Centre. These partnerships are important to allow for continued information sharing between Licensing, other City business units, and businesses about changing legislation and processes. Such connections will also enable staff to be more up-to-date with respect to the changing business landscape, upcoming special events, and what is or is not working for business owners. Bridging the gap between staff and businesses will help with gathering input from key stakeholders on an ongoing basis in order for staff to be more proactive and responsive in making changes to the by- laws and processes as needed. As Licensing staff builds these relationships and as enhancements are made to the application process along with implementing a digital renewal system, they will be able to focus more time on working with businesses in a positive and constructive way. Such measures would include providing more information and education to 5 - 8 businesses, increased identification of businesses operating without a licence, and better outreach to achieve compliance. 6. Application Process: In discussion with Economic Development, the Downtown Kitchener Business Improvement Area (DKBIA), Belmont BIA, and the Small Business Centre, the licensing by-laws on small businesses has been raised as a concern. The barriers noted included the cost of a licence, the number of requirements/inspections, and the number of required sign-offs. Since small businesses account for the majority of all the businesses licensed in Kitchener, the by-law regulations and requirements have a greater impact on them as they may not have the same resources available as larger businesses. Comments from small business owners about the application process being an onerous one were prominent during the stakeholder consultation. During the implementation of the Comprehensive Business Licence By-law, staff is committed to reducing barriers through the creation of a Business Licensing Toolkit as one means to help support new business development. The toolkit would aid City staff in creating a more supportive environment for local entrepreneurs and business developers. The toolkit would include such things as: Licensing Services as the primary channel of communication between businesses and city divisions. Support documents to help business owners through the licensing process (e.g. sample packages, checklists, list of contacts). Reasonable and transparent regulations, requirements, and fees. Accessible systems (e.g. public portal). Staff is proposing not only to implement changes to the amount of licence requirements where appropriate but also to streamline the submission process to make it more efficient. Together, both will decrease the temporal and financial costs for both staff and business owners. In order to help facilitate a more efficient process, staff will develop and promote an on-line application system to minimize the need for business owners to come to City Hall. The application and associated documents will be submitted on-line and each relevant City department involved will be electronically notified that an inspection or sign-off is required, thus negating the need for applicants to visit multiple City departments. As part of the technology advancement, staff will also develop a licensing database with public access which would include a search field where business owners will be able to track the progress of their application and the public can search whether or not a business or trade is licensed. The need for a search option was suggested through consultation with local contractors. Staff believes that by automating the current manual process, the applicant and Licensing 5 - 9 staff time will be better allocated to reviewing andissuing licences, and educating and guiding businesses/prospective businesses as well as performing more proactive inspections. 7. Cost Recovery Model for Fees: Typically, municipalities use a cost-recovery model for licensing fees based on the recovery of costs for administration, inspections, and enforcement of the business licensing program for all City departments involved in the licensing process including Fire Prevention, Building, By-Law Enforcement, and Planning as well as Licensing. Licensing staff believes the cost-recovery model remains appropriate because it is who benefit should pay for the service and that such service should not be subsidized. Thus, staff recommends the fees associated with the business licensing program use a cost-recovery model for new, renewal, and late fees. Fees may later be adjusted in accordance with changes made to the by-law as well as changes to processes and the use of technology as needed. It should be noted that using the proposed cost-recovery model has resulted in a reduction from the current fees for new and late fees. For example, a Pop-up Shop is currently licensed as a Temporary Vendor at a cost of $1541 to operate for 250 days in a calendar year. Under the proposed cost-recovery model, the licence fee for Pop-up Shops is $125. The reduction in cost not only reflects true administrative costs, but also supports the development of new businesses, especially those looking to test the market. Some renewal fees, however, have increased to more accurately reflect a cost-recovery model. With the proposed model, the new and renewal fees, also aligns with neighbouring municipalities licence fees. Staff does not recommend a pro-rated application fee since the cost to administer, inspect and enforce business licences is the same regardless of when a licence is obtained. A pro-rated application fee would not support cost-recovery nor would it be fair to business owners who paid the full cost earlier in the year. Exclusions: Staff has identified the need to exclude three by-laws from the current Comprehensive Business Licensing Review process, namely: the Adult Entertainment Parlours By-law, the Alternative Massage Centres By-law, the Fireworks Vendors, & the Lodging House By-law. The reason staff has determined these should be separated from the initial review is because they are more complicated By-laws with constantly evolving interpretations derived from case law. Staff wants to ensure a significant amount of time is dedicated to properly review these by-laws, complete a thorough comparator with other municipalities, and ensure these by-laws do not contravene any current legislation or case law. Staff understands the necessity to review and modernize the above-noted by-laws and so will prioritize the reviews as part of afuture work plan. In the meantime, these by- 5 - 10 laws will be maintained as stand-alone by-laws and will not be incorporated as part of the Comprehensive Business License By-law. Staff will report back to Council for each of these by-laws separately with recommendations to improve them as well as the associated processes and policies. The same Principles used to formulate the review of the current business licensing by-laws will be used to review the Adult Entertainment Parlours, Alternative Massage Centres, Fireworks Vendors, and the Lodging House By- laws. In addition, staff will bring forward a By-law in early 2018 that will repeal the Chapters and By-laws that will be replaced by the Comprehensive Business Licensing By-law. Program and By-law Review Period: The new Business Licence By-law and fees have been developed with the intention of having a 3-year review period in 2021. This will allow staff to develop a means by which to measure and compare data (e.g. number of on-line visitors, time spent submitting an application, time spent by staff) to help confirm the requirements and the fees are appropriate and fair. Staff willalso conduct an internal time study to ensure the fees associated with the program continue to be fair, accurate, and reflect full cost-recovery. In addition, staff will ensure all aspects of the by-law continue to be relevant, and make any minor revisions or undertake additional modernization as needed. As part of the 3-year review, staff will look at the impact the on-line system has had on Licensing Services and to business owners. Staff will also review and analyze the existing technology and monitor it for any potential upgrades to further facilitate business owners and the public. Staff is recommending that user fees for the Adult Entertainment Parlour, Alternative Massage, Fireworks Vendors, and Lodging HouseBy-laws remain the same until a full review of those by-laws has been completed. Staff will return to Council in 2018 seeking approval of the user fees. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Strategic Priority: Effective and Efficient City Services Strategy: 5.2 Improve the design and delivery of City Services so that they provide what citizens want in the most reliable, convenient and cost-effective way. Strategic Action: #116 Comprehensive Review of Business Licensing; and #122 Online Business Licensing FINANCIAL IMPLICATIONS: Staff is proposing a cost-recovery model for all licensing fees including renewal and late fees. The proposed fees for new licencesandthe late fees are reduced from the current fees; although most renewal fees have also been decreased,a small number of renewal fees have increased to more accurately reflect the cost of renewing business 5 - 11 licences. Based on the cost recovery model, the projected revenues will increase by approximately 5% total for business licensing.As previously mentioned in the Program andby-law Review section, staff is proposing to hold the fees for the next 3-years until a review is completed to ensure the fees accurately reflect the cost of the program. In addition, any recognized charitable organization will be charged a charitable fee which is 10% of the total licence fee, for licensed special events. Neighbourhood Associations and Community Organizations recognized by the City will be eligible to receive the charitable fee. Furthermore,any recipients of a neighbourhood grant will still need to obtain a licence; there will be no cost in doing so. COMMUNITY ENGAGEMENT: INFORM advance of the council / committee meeting. CONSULT There will be a continuation of internal and external stakeholder engagement associated with the implementation of the new Comprehensive Business Licensing By-law. Staff will continue to reach out to impacted stakeholder groups where staff has identified significant changes are needed to the licensing requirements. This may mean some businesses will be newly-required to obtain a licence, some will no longer require a licence, or some will have changes to the licensing requirements. COLLABORATE Throughout the development of the Comprehensive Business Licensing By-law, staff has reached out to several internal stakeholder groups, including Economic Development, Fire Prevention, Licensing staff, Community Services, and the Animal Welfare Agency South Central Ontario to solicit feedback and to incorporate suggestions to help streamline processes and add clarity for business owners and applicants. As part of the implementation phase, staff will continue the partnership between Licensing Services and various stakeholders, such as those City divisions that are part of the approval process, to work together on the development of new applications and information packages, as well as being part of the education to the public about the changes to the by-law and processes. The changes will include investigating a means by which to automate manual processes and create a more of a - PREVIOUS CONSIDERATION OF THIS MATTER: FCS-16-009 Comprehensive Business Licensing Review Scope of Review FCS-16-115 Comprehensive Business Licensing Review Update ACKNOWLEDGED BY: Michael Goldrup,Acting Deputy CAO, Finance & Corporate Services 5 - 12 FEES 5 - 13 REQUIREMENTS Licence TypeCurrent RequirementsProposed Police ClearancePolice Clearance Auctioneer Building, Health, Planning, Health,Insurance,Planning, Beauty Salon/Barber Shop Plumbing, PolicePlumbing Police-- Buskers PlumbingInsurance, Police Clearance Contractor NEW CATEGORYHealth, Planning,Police Convenience Stores Planning, PoliceInsurance, Planning, Police Driving Schools NEW CATEGORYHealth, Planning Building, Fire, Health, Planning, Building, Fire, Health, Food Shop Plumbing, PolicePlanning, Plumbing Fire, Health, PlanningFire, Health, Planning* Food Truck Fire, Planning, Plumbing, PoliceFire, Planning, Plumbing Launderette NEW CATEGORYFire, Health, Planning Mobile Businesses NEW CATEGORYFire, Planning,Plumbing Motor Vehicle Facility NEW CATEGORYFire, Planning, Plumbing, Nightclub Police Planning, PolicePlanning, Police Old Gold Planning, Humane Society(only Humane Society, Planning, Pet Care Establishment boardingkennel, breedingkennel,Plumbing* day care) Humane Society, Planning, PoliceHumane Society, Planning Pet Shop Planning, PolicePlanning Permanent Vendor Building, Fire, Hydro, Planning, Fire, Insurance*, Planning Place of Amusement Plumbing, Police NEW CATEGORYFire*,Health*,Planning Pop-up Shop Building, Fire, Planning, Fire, Planning, Plumbing Public Halls Plumbing, Police Fire, Health, PlanningFire, Health, Planning Refreshment Vehicles Fire, Health, PoliceFire, Health, Planning* Special Events HealthHealth Street Vendor Fire, Health, Planning, PoliceHealth* Temporary Vendor Building, Fire, Health, Hydro, Building, Fire, Health, Theatre Planning, Plumbing, PolicePlanning, Plumbing *May not be required depending on activity 5 - 14 THE BY-LAW BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER BY-LAW NO. 2017-XX BY-LAW TO PROVIDE FOR THE LICENSING AND REGULATION OF BUSINESSES IN THE CITY OF KITCHENER. WHEREAS it is deemed expedient to exercise the powers conferred on Council by the Municipal Act, 2001, Municipal Act AND WHEREAS section 151(1) of the Municipal Act authorizes a municipality to provide for a system of licences with respect to a business and to prohibit carrying on or engaging in the business without a licence and to take other actions with respect to such licences; AND WHEREAS section 151 (1) of the Municipal Act authorizes a municipality to license, regulate, or govern real and personal property used for the business and the persons carrying it on or engaged in it; AND WHEREAS Council considers it desirable and necessary to exercise its powers for the purposes of health and safety to ensure that businesses are conducted in a fashion and manner that does not adversely affect the health and safety of persons or result in illness, hazardous conditions, injury, or loss; AND WHEREAS Council considers it desirable and necessary to exercise its powers for the purpose of consumer protection for the prevention of unfair or potentially unfair business practices that could result in loss on the part of the consumer; AND WHEREAS Council considers it desirable and necessary to exercise its powers for the purpose of nuisance control to ensure that businesses are operated in a manner that will not adversely affect or cause a nuisance to other persons or businesses; AND WHEREAS Part XII of the Municipal Act authorizes a municipality to pass by-laws imposing fees or charges for services or activities provided or done by them; NOW THEREFORE Council enacts the follow: 5 - 15 1. Definitions means an individual eighteen years of age or older. means a machine, contrivance, structure, or vehicle used in a fair to entertain members of the public by moving them or causing them to be moved. means any member of the animal kingdom other than a human. s means The Animal Welfare Agency South Central Ontario which was formerly known as the Kitchener-Waterloo and North Waterloo Humane shall include its officers and employees. means the Person applying for a Licence or renewal of a Licence under this by-law. shall include any Application for a Licence or renewal of a Licence on the form provided by the Manager of Licensing, or their designate, and where permitted by the Manager of Licensing shall also include a verbal request for renewal of a Licence. Licence means a pre-determined fee approved by Council through the User Fee Schedule that is paid by a Person as part of the Application for a Licence. means a public sale in which item(s) are sold or offered for sale to the highest bidder. means any Person selling or putting up for sale goods, wares, merchandise, effects, or property by public Auction. Salon Salonmeans an establishment where any of the following services are provided: hair cutting, hairstyling, barber services, beauty treatments for face, hands, or feet, and including but not limited to waxing, nail services, tanning, piercing, tattooing, cosmetic tattooing, hair extensions, micro-blading, eyelash extensions, and electrolysis. means a place or facility, other than a Doggie Daycare, where more than three (3) dogs are kept or boarded and shall include a facility where more than three dogs are kept overnight for training purposes and shall also include a breeding kennel where dogs not legally belonging to the operator are kept for purposes other than breeding. meansa place or facility where dogs that are registered or eligible for registration with anassociations incorporated under the Animal Pedigree Act th (Canada), R.S.C. 1985, c. 8 (4 Supp.) are bred or raised. 5 - 16 except where inconsistent with the context means any business wholly or partly carried on within the City of Kitchener even if the business is being carried on from a location outside of the City of Kitchener and includes without limitation: a)trades and occupations; b)exhibitions, concerts, festivals, and other organized public amusement held for profit or otherwise; c)the sale or hire of goods or services on an intermittent or one-time basis and the activities of a transient trader; and d)the display of samples, patterns, or specimens of goods for the purpose of sale or hire. means a Person, or a group of Persons operating together, who play, act, sing, or otherwise perform or entertain for reward or payment in or upon any highway or public place. means the area known as Carl Zehr Square and located at 200 King Street West, in front of Kitchener City Hall. shall refer to a by-law of the City which has been incorporated in The City of Kitchener Municipal Code and assigned a Chapter number. means the Chief Building Official of the City or their designate. means the Chief Fire Official of the City or their designate. means the Police Chief for the Waterloo Regional Police Services or their designate. means The Corporation of the City of Kitchener. means property owned by the City. means a non-profit group of Persons organized for the advancement of activities of a civic, cultural, or recreational nature. means a Person engaged in the Business of altering, repairing, or renovating buildings or structures, and such Business may include, but is not limited to, cleaning homes or offices, installing fences, driveway paving, plumbing or drainage work, or installing, leasing, or renting portable signs, but does not include a building renovator whose principle Business is the construction of new buildings or structures and who is registered with the Tarion Warranty Corporation,or any electrician, master electrician, or electrical contractor. 5 - 17 means a Business that is open for long hours for the convenience of shoppers and stocks, sells, or offers for sale a range of everyday items, which may include items such as newspapers, magazines, soft drinks, confectionery, meat, and milk products. means the elected officials comprising the municipal council of the City. means the Downtown Kitchener Business Improvement Area boundary. means the Director of Legislated Services of the City or their designate. Class Imeans a place or facility where more than three but no more than nine dogs at once are kept or boarded, but no dogs other than up to three dogs that are owned by and licensed to a resident of the property are kept or boarded between the hours of 12:00 a.m. and 5:00 a.m. means a place or facility where more than nine dogs are kept or boarded at once but no dogs other than up to three dogs that are owned by and licensed to a resident of the property are kept or boarded between the hours of 12:00 a.m. and 5:00 a.m. -means any premises in which moving pictures are exhibited and viewed by the public from vehicles. means a Business that, for gain, teaches a Person or Persons to operate motor vehicles. means a Person engaged in the Business of or in the collection of clothing for the purpose of dry-cleaning, dry-dyeing, or cleaning, pressing, and spot or stain removal, or other similar applications to clothing or fabric. means a building or place where a group of Persons who operate stalls or other food premises meet to sell or offer for sale consumer products that may include, but are not limited to, Farm Products, baked goods, and preserved foods, and shall include permanent and seasonal Flea Markets. means products that are grown, raised, or produced on a farm and intended for use as food and may include, but are not limited to, fruits and vegetables, meat and meat products, dairy products, honey products, eggs, maple products, fish, grains and seeds, and grain and seed products. means a building or place where a group of Persons who operate stalls meet to sell or offer to sell goods or services to the general public and includes, but is not limited to, a . 5 - 18 means a Business where food products intended for human consumption are made for sale, offered for sale, stored, or prepared, but does not include the selling of only bottled or canned beverages, meat in an airtight package, or pre-packaged candies other than those required to be frozen, and includes, but is not limited to, a bake shop, restaurant,or an establishment or kitchen used for the purpose of catering or preparation of food for catering. means a motorized vehicle, other than a motorcycle or motor-assisted bicycle, from which food products are prepared, sold or offered for sale, but does not include a Refreshment Vehicle. means the written approval of the Region of Waterloo Public Health. nder the Highway Traffic Act, R.S.O. 1990, c. H.8. means an establishment with automatic washing machines, dryers, or dry cleaning machines available for public use for a fee. means a licence to engage in a Business issued under this By-law and the s means the Premises referred to on a Licence. means a Person who has been issued a Licence under this By-law. means a committee designated by Council for the purpose of hearing any appeal under this By-law. means any mechanical or aesthetic work on a Motor Vehicle and shall include without limitation work on brakes, tires, transmissions, upholstery, painting, detailing, or window tinting. means the Manager of Licensing of the City or their designate. means the Medical Officer of Health for the Region of Waterloo Public Health or their designate. means any Business that is operated from place to place offering or providing a product or service and that would be covered by one of the schedules of this By-law if the Business was operating in a building or fixed location, but shall not include any Person operating as a Contractor or Temporary Vendor. 5 - 19 means an Auction during which: a) any goods are sold to Person at aprice lower than the highest bid offered for the same; b) part of the bid price is repaid or credited to the bidder; c) the right to bid is restricted to those Persons who have bought or agreed to buy one or more goods at auction; or d) any goods are given away or offered as gifts. means an automobile, motorcycle, truck, trailer, or motor-assisted bicycle unless otherwise indicated in this By-law and any other vehicle propelled or driven otherwise than by muscular power but does not include a street car or other motor vehicle running only upon rails or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry, or road cleaning or road building machine. means a building or place where a Person engages in the Business of selling, offering for sale, or providing servicing or maintenance of a Motor Vehicle and shall include without limitation any new or used Motor Vehicle Dealership, Motor Vehicle Service Station, Motor Vehicle Service Shop or Specialty Shop, Motor Vehicle Repair Shop, supplier of new and used Motor Vehicle parts, Motor Vehicle inspection Centre, Motor Vehicle rental and leasing establishment, and Motor Vehicle Specialty and Service Shops. means a plate bearing a number issued by the City to a Licensee which includes a current year validation sticker. means a community group that is currently recognized by the City as an affiliated Neighbourhood Association. means an establishment or part thereof,having a principal function of the provision of pre-recorded or live music for dancing by patrons, where food and beverages may be served, and where the occupancy load is greater than 100 Persons. means the number of Persons that a building or part thereof is designed to accommodate. means an employee or agent of the City or a member of the Waterloo Regional Police Services and shall include, without limitation, the Manager of Licensing, a municipal law enforcement officer, by-law officer, or business licensing inspector of the City, the Director, the Chief Fire Official, the Chief Buil Director of By-law Enforcement, or any person or inspector duly authorized on their behalf or otherwise authorized by Council. means a business in which any Person purchases or deals in gold or any other precious metal which is not newly minted, including old jewelry or similar articles intended to be smelted or dismantled. 5 - 20 means the Ontario Regulation 213/07: Fire Code, under the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4. means a Person, who alone or with others, operates, manages, runs, or means the owner or tenant of a building. means a Person who sells goods or services, at one specific location, either directly or by way of sample or catalogue for delivery later, intends to do so for 250 days in a calendar year, and is not regulated by a schedule other than the schedule respecting Permanent Vendors in this By-law. includes an individual, sole proprietorship, partnership, unincorporated association, unincorporated syndicate, unincorporated organization, trust, body corporate, and a natural person in their capacity as heir, trustee, executor, administrator, or other legal representative. means a Business for the grooming, training, daycare of any pet, or the overnight boarding of Animals, and shall include any Boarding Kennel or Breeding Kennel but does not include veterinary practices or s Provider. means a Business that sells, has for sale, or keeps Animals including without limitation rodents, reptiles, fish, or amphibians. means an arcade, axe throwing venue, billiard parlour, bowling alley, roller skating rink, ice skating rink, curling rink, miniature golf course, paintball arena, laser quest venue, pool hall, driving range, shooting gallery, dance hall, cabaret, adventure room, rock climbing facility, or any other Place of Amusement not specifically provided for herein. means a police record check issued to the Applicant by the police service in whose jurisdiction the Applicant resides. means a police officer with the Waterloo Regional Police Services or the Ontario Provincial Police. -upmeans a short-term operation where a group of Persons who operate stalls sell or offer for sale Farm Products, baked goods, or preserved foods for one day a week at the same location for up to 30 days in a calendar year in total. -means a Person or Business who sells goods or services, at one specific location, for no more than 250 days in a calendar year by way of testing a location or operates as a seasonal or short-term vendor, but does not include a Person or Business selling similar goods or service for more than 250 days at the same location in the previous calendar year. 5 - 21 means a building, including a portable building or tent with a seating capacity for over 100 persons that is offered for use or used as a place of public assembly, but does not include a theatre or a building, except a tent, used solely for religious purposes. means food or drink which may be consumed by humans. means a Vehicle selling Refreshment but shall not include a Food truck. means a Refreshment Vehicle that is a stationary vehicle and licensed to operate at one specific location. means a Refreshment Vehicle propelled by muscular power, from which pre-bottled beverages, or confection goods including, but not limited to, fruit, candy, ice cream, and popcorn are sold for human consumption. means a Refreshment Vehicle that is a motorized vehicle that is moved from place to place and that offers for sale only pre-packaged foods, pre-bottled beverages, or ice confectioneries for human consumption,and may include food warming equipment. means a charitable organization, or charitable foundation within the meaning assigned by subsection 149.1(1) of the Income Tax Act, R.S.C. 1985, c. 1 th (5 Supp.), that is resident in Canada and was either created or established in Canada; or, a branch, section, parish, congregation, or other division of an organization or foundation described, that is resident in Canada. Regulations of this By-law provisions of this By-law including its schedules that are applicable to a Business. means any community, social, or cultural group celebration including a ceremony, street party, beer garden, festival, carnival, circus, midway, exhibition, or outdoor concert, but does not include a parade, wedding, funeral procession, picketing, trade show,or film event under permit. means a stationary vehicle or vendor licensed to operate on property owned by the City in Victoria Park or at specific street intersections, and will include without limitation any hot dog cart, portrait artist,or popcorn and confection stand. means a person who offers goods, wares, or merchandise for sale in any manner in the City of Kitchener,other than on a permanent basis, and operates for no more than 3 days consecutively, for a maximum of 90 days per calendar year. means a market where goods or services are sold that is closed to all except those registered with the industrial or professional organization holding the event. 5 - 22 means a building in which moving pictures are shown for public entertainment and may include single screen or multiple screen Theatres. -means all by-laws passed by Councilpursuant to section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, that restrict the use of land in the City. 2. Regulated Businesses a) The Businesses set out in Schedule 1 are subject to the requirements of this By-law and to the requirements of the applicable schedules as shown therein. b) The applicable requirements of a schedule to this By-law shall prevail over the general requirements of this By-law to the extent of any conflict. 3. Prohibitions 3.1. No Person shall: a) own, operate, permit to be operated, or act in the capacity of a Business set out in Schedule 1 without a Licence; b) own, operate, permit to be operated, or act in the capacity of a Business set out in Schedule 1 without complying with the Regulations of this By-law; c) operate a Business licensed under this By-law: i. at a location other than the Licensed Premises where applicable; ii. under any other name than the name(s) identified on the Licence; iii. except in accordance with the Regulations of this this By-law; or iv. without complying with any and all conditions or restrictions placed on the Licence; d) transfer or assign a Licence to any other Person or to any other location other than the Licenced Premises; e) obtain a Licence by providing mistaken, false, or incorrect information; or f) hold themselves out as Licensed under this By-law without holding the appropriate Licence. 5 - 23 3.2. Where a Person sells or transfers ownership of a Business to another Person, including the sale or transfer of shares in the Business, the Licence issued for that Business shall be void upon transfer. 3.3. This By-law shall not apply to a Business that is regulated by the following Chapters of The City of Kitchener Municipal Code: a) Chapter 502 Adult Entertainment Parlours; b) Chapter 508 Alternative Massage Centres; c) Chapter 544 Fireworks Vendors; and d) Chapter 553 Lodging Houses. 3.4 This By-law shall not apply to the following Businesses: a) tourist establishments as defined under the Retail Holiday Business Act, R.S.O. 1990, c. R. 30; b) community centre programming; c) second hand good shops; d) taxi cabs; e) salvage yards; f) driving school instructors; g) manufacturing; h) wholesale vendors; and i) farmers or gardeners selling produce of their own farm or garden at their own property. 4. Licensing Requirements 4.1. An Applicant applying for a Licence shall submit the following to the Manager of Licensing: a) a complete Application in the form prescribed by the Manager, which shall include the following information where applicable: I. t II. t 5 - 24 III. the address of the Business; and IV. the telephone number, facsimile number, and email address for the Business. b) the applicable Application Licence Fee and any documentation or forms required by the Manager of Licensing; c) where the Applicant is a partnership, a list of all the names of the partners; d) any other documents as required by the Regulations of this By-law; and e) any documentation that may be required by the Manager of Licensing with respect to investigations required pursuant to this By-law. 4.2. If not prescribed by the By-law, upon receipt of an Application, the Manager of Licensing shall make or cause to be made all investigations which he/she deems necessary or which are required by Council relative to the Application. 4.3. The Manager of Licensing may require the Applicant to have investigations conducted and obtain documentation from and provide to the Manager of Licensing, or to have documentation provided by any of the following or their designates: the Deputy CAO of Infrastructure Services, Director of Transportation Planning, Director, Chief Fire Prevention Office, Chief Building Official, Sup Regional Medical Officer of Health, Waterloo Regional Police Services, and Director of By-law Enforcement. 4.4. For a renewal of a Licence, an Applicant shall submit the following to the Manager of Licensing: a) a renewal Application in the form prescribed by the Manager of Licensing; b) the applicable Application Licence Fee; and c) documents as the Manager of Licensing may require including, without limitation, the documents set out in 4.1 above. 4.5. Every Licensee shall: a) post the Licence in a conspicuous place at the Licensed Premises, where applicable; 5 - 25 b) carry the Licence on them when engaged in a Business where the Licensee travels from place-to-place to perform their business; c) produce the Licence for inspection and otherwise permit any persons or Officers authorized to enforce this By-law to enter the Licensed Premises to conduct an inspection as may be deemed necessary in order to ascertain whether or not the provisions of the By-law are being complied with; d) notify the Manager of Licensing within fourteen (14) days of any changes in their Business or residential address, phone number, or email address, or any changes to the type of Business that may result in a change in the type of Licence required; e) ensure that the Licensed Business shall be conducted in conformity the provision of any applicable federal, provincial, or municipal legislation including without limitation any statue, act, regulation, or by- law; and f) comply with the conditions and restrictions placed on the Licence by the Manager of Licensing or Council. 5. Issuance of Licence and Grounds for Refusal 5.1. The Manager of Licensing shall receive and process all complete Applications for the Licence. 5.2. Upon receipt of a complete Application, the Manager of Licensing shall either issue or renew a Licence hereunder or shall refer the matter to Council or a Committee of Council where appropriate under the provisions of this By-law or any other applicable by-law of Council. 5.3. Save as otherwise provided herein, every Licence issued or renewed pursuant to this By-law shall be issued in the name of Council by the Manager of Licensing. 5.4. The Manager of Licensing shall not process an Application where the Application is incomplete. An Application will be deemed incomplete where: a) required information has not been provided on the Application form; b) information or documentation required by the Manager of Licensing as part of the Application has not been provided; c) the full Application Licence fee is unpaid including any late fee and/or penalty fee; 5 - 26 d) the Manager of Licensing has received an unsatisfactory report regarding an investigation carried out pursuant to this By-law or any other applicable by-law of the City and any condition causing the report to be unsatisfactory has not been remedied; e) the past conduct of the Applicant affords the Manager of Licensing reasonable grounds to believe that the Applicant has not or will not carry on their business in accordance with applicable law or by-laws, or with integrity and honesty; f) the Business premises specified on the Application are subject to any order that has not been complied with made pursuant to the Building Code Act 1992, S.O. 1992, c. 23 or the Fire Protection and Prevention Act 1997, S.O. 1997, c.4, or by the Medical Officer of Health; or g) provided no pardon has been granted with respect to the conviction, the Applicant has been convicted of anoffence that relates in any way to the business. 5.5. Where the Manager of Licensing receives an incomplete or unsatisfactory Application, the Manager of Licensing shall, whereas an address or other contact information has been provided, notify the Applicant that the Application is incomplete and, where applicable, of any steps required to complete the Application. 6.Terms of Licence 6.1. Unless revoked, a Licence under this By-law shall expire annually on the st 31 day of March, except where stated otherwise in Schedule 1. 7. Revocation and Suspension 7.1. The Manager of Licensing shall, where an address or other contact information has been provided, notify the Licensee of the intention to revoke or suspend a Licence and shall advise the Licensee of their right to appeal. 7.2. The Manager of Licensing may revoke or suspend a Licence where: a) the Manager of Licensing is of the opinion that the Business poses a threat to the health and safety of the public; b) the Licence was issued in error; c) the Licensee has violated any of the provisions of this By-law or any other applicable laws; 5 - 27 d) the Licence was issued upon provision or receipt of false or misleading information; or e) the Applicant has failed to pay the full Application Licence Fee associated with the Licence including any late and/or penalty fee. 7.3. The Manager of Licensing shall provide notice of the intention to revoke or suspend a Licence and shall advise the Licensee of their right to appeal. 7.4. No Person shall operate, permit to be operated, or sell products or services, from any Business while the required Licence(s) issued under this By-law is suspended or revoked. 8. Appeal 8.1. Where the Manager of Licensing determines an Application is incomplete, the Manager of Licensing shall, where an address or other contact information has been provided, attempt to notify the Applicant that the application is incomplete and of the steps required to complete the Application if applicable and the Applicant shall have the right to appeal that decision to Council or a Committee of Council. 8.2. If the Manager of Licensing is unable to determine whether an Application is incomplete, he/she may refer the matter to Council or to a Committee of Council for consideration. 8.3. If the Manager of Licensing refuses a Licence, the Applicant shall have the right to appeal the decision to Council or a Committee of Council. 8.4. The Manager of Licensing may refer an Application or a Licence to Council or a Committee of Council where: a) the Applicant or Licensee does not meet the requirements of this By- law or any other applicable law or by-law; b) there are reasonable grounds for belief that an Application or other documents provided to the Manager of Licensing by or on behalf of an Applicant or Licensee contains a false statement or provides false information; c) the past or present conduct of any person, including the officers, directors, employees or agents of a corporation, affords reasonable cause to believe the Person will not carry on or engage in the Business in accordance with the law, or with honesty and integrity; d) no pardon has been granted with respect to the conviction of an Applicant and the conviction relates in any way to the business; 5 - 28 e) any Licensee has contravened this By-law or any other by-law or federal or provincial statue or regulations while engaged in or conducting the business; f) any special conditions placed on a former or current licence of the Applicant or Licensee under this By-law have not been met; or g) the provisions of this By-law provide grounds not to issue or renew. 8.5. When any matter has been referred or appealed to Council or a Committee of Council, the Applicant or Licensee shall be given reasonable notice of the time and place of the hearing and shall be invited to make a submission either in writing or verbally. 8.6. When any matter has been referred or appealed to Council or a Committee of Council, after due consideration of the Application or Licence and after Council or a Committee of Council has heard such representations as the Applicant or Licensee and staff may care to make, Council may direct that the Licence be issued or renewed, or may refuse, suspend, revoke, or add conditions to a Licence where: a) the Applicant or Licensee does not meet the requirements of this By- law or any other applicable law or by-law; b) information or documentation required by the Manager of Licensing as part of the application process has not been provided; c) the Application is incomplete or the Application Licence Fee is unpaid including any late and/or penalty fee; d) the Manager of Licensing received an unfavourable report regarding an investigation carried out pursuant this By-law or any other by-law of the City; e) there are reasonable grounds for belief that an Application or other document provided to the Manager of Licensing by or on behalf of an Applicant or Licensee contain a false statement or provides false information; f) the past or present conduct of any person, including the officers, directors, employees or agents of a corporation, affords reasonable cause to believe the person will not carry on or engage in the business in accordance with the law or with honesty and integrity; g) without limiting the generality of section 8.5 (f), any Person, including the officers, directors, employees or agent of a corporation, has contravened this By-law or any other by-law of the City or federal or 5 - 29 provincial statue or regulation while engaged in or conducting the business; h) any special conditions placed on a former or current Licence of the Applicant or Licensee under this By-law have not been met; i) the provisions of this By-law provide grounds not to issue or renew in the circumstances; or j) the Applicant or Licensee has consented to the refusal, suspension, revocation, or adding of conditions to the licence. 8.7. No Person shall violate any conditions that Council, aCommittee of Council, or the Manager of Licensing has placed on a Licence issued under this By-law. 8.8. Where a Licensee is convicted of an offence under any federal or provincial Act, any regulations made thereunder, or any by-law of the City in relation to or during the carrying on of the trade, calling, Business or occupation Licensed hereunder, the Licence may be suspended forthwith by Council until such time as the matter can be heard and finally determined by Council. 9. Notices 9.1. Any notice pursuant to this By-law may be given in writing and is effective: a) on the date on which it is delivered to the Person to whom it is addressed; b) on the fifth day after it is known address; c) upon the conclusion of the transmi last known facsimile number; d)t known email address; or e) where the specific method of delivery is not specified herein, upon a reasonable time in the circumstances. 9.2. For the purpose of section 9 number, and email address shall be deemed to be those provided pursuant to section 4.1 of this By-law unless notice in writing has been given to the Manager of Licensing providing new information in which case the most recently provided information shall be deemed correct for the purpose of providing notice hereunder. 5 - 30 10. Inspections 10.1. Every Licence issued under this By-law to which the provisions of this By- law apply is issued subject to the condition that every Business or Premises used for the Business and the equipment, vehicles, and other personal property used or kept for hire in the carrying out of the Business shall be liable to be inspected at any reasonable time by an Officer and no person shall refuse admission to such Officer or person after a demand to inspect has been made. 10.2. An inspection may be conducted by an Officer to determine whether or not the following are being complied with: a) any by-law of the City under the Municipal Act including this By-law; b) a direction or order of the City made under the Municipal Act or made under a by-law of the municipality passed under the Municipal Act; c) a condition of a Licence issued under a by-law of the municipality passed under the Municipal Act; or d) an order made under section 431 of the Municipal Act, 2001, c. 25. 10.3. For the purpose of an inspection of any premises to which any provision of this By-law applies, an Officer may: a) require the production for inspection of documents or items relevant to the inspection; b) inspect documents or items relevant to the inspection; c) require information from any person concerning a matter related to the inspection; and d) alone or in conjunction with a person possessing special or expert knowledge, make examination or take tests, samples, or photographs necessary for the purpose of the inspection. 11. Order to discontinue 11.1. Where the Manager of Licensing has reasonable grounds to believe that a contravention of this By-law, or any other applicable by-law, has occurred, the Manager of Licensing may make an order requiring the Person who contravened this By-law, or who has caused or permitted the contravention, or the land owner or occupier of the land on which the contravention has occurred, to discontinue the contravening activity. 11.2. An order under section 11.1 of this By-law shall set out: 5 - 31 a) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and b) the date by which there must be compliance with the order. 11.3. No Person shall contravene an order made under section 11.1 of this By- law. 12. Work Order 12.1. Where the Manager of Licensing has reasonable grounds to believe that a contravention of this By-law has occurred, the Manager of Licensing may make an order requiring the Person who contravened this By-law, or who caused or permitted the contravention, or the land owner or occupier of the land on which the contravention occurred, to do work to correct the contravention. 12.2. An order under section 12.1. of this By-law shall set out: a) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and b) the work to be done and the date by which the work must be done. 12.3. An order under section 12.1. of this By-law may require work to be done even though the facts which constitute the contravention of this By-law were present before this By-law came into force. 12.4. No Person shall contravene an order under section 12.1 of this By-law. 13. Enforcement 13.1. Council hereby authorizes the Waterloo Regional Police Services or any Officer thereof to act as agent for the City, as necessary, for the purpose of enforcing this By-law. 13.2. The Manager of Licensing is hereby charged with the responsibility for the enforcement of this By-law and the City Solicitor, City Clerk, Director of Legislated Services, Director of By-law Enforcement, and any other municipal official are hereby required to render the Manager of Licensing any reasonable assistance in that regard. 5 - 32 14. Offences and Penalties 14.1. Every Person, excluding a corporation, who contravenes any provision of this By-law or an order made under this By-law and every director or officer of a corporation who concurs in acontravention by the corporation is guilty of an offence and is liable, upon conviction, to a fine not exceeding Twenty-Five Thousand Dollars ($25,000). 14.2. Every corporation that contravenes any provision of this By-law or an order made under this By-law is guilty of an offence and is liable, upon conviction, to a fine not exceeding Fifty Thousand Dollars ($50,000). 15. Collection of unpaid fines 15.1. Pursuant to section 441 of the Municipal Act, if any part of a fine for a contravention of this By-law remains unpaid after the fine becomes due and payable under section 66 of the Provincial Offences Act including any extension of time for payment ordered under that section, the Manager of Licensing may give the Person against who the fine was imposed a written notice specifying the amount of the fine payable and the final date on which it is payable which shall be not less than twenty one (21) days after the date of the notice. 15.2. If the fine remains unpaid after the final date specified in the notice, the fine shall be deemed to be unpaid taxes for the purpose of Section 351 of the Municipal Act. 16. Schedules 16.1. The schedules attached to this By-law shall form part of this By-law. 17. Short Title 17.1. This By-- 18. Severability 18.1. If a Court of competent jurisdiction should declare any section or part of a section of this By-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of this By-law and it is hereby declared that the remainder of this By-law shall be valid and shall remain in full force and effect. 19. Coming into force 19.1. This By-law shall come into force and effect on April 1, 2018. 5 - 33 20. Transitional Provisions 20.1. Notwithstanding any other provisions of this By-law, or the repeal prior to April 1, 2018 of various City by-laws and chapters of The City of Kitchener Municipal Code respecting business licensing, such repeal shall not: a) affect the previous operation of the repealed Chapters and by-laws; b) affect any right, privilege, obligation, or liability including any licence that came into existence under the repealed Chapter or by-law; c) affect an offence committed against the repealed Chapter or by-law, or any penalty, forfeiture, or punishment incurred in connection with the offence; or, d) affect an investigation, proceeding, or remedy in respect of a right, privilege, obligation, or liability described in section 20.1.b), or a penalty, forfeiture, or punishment described in section 20.1.c). 20.2. An investigation, proceeding, or remedy described in section 20.1. d) may be commenced, continued, or enforced as if the by-law or chapter had not been repealed or revoked. 20.3. A penalty, forfeiture, or punishment described in section 20.1. c) may be imposed as if the by-law or chapter had not been repealed or revoked. 20.4. A Licence issued under any by-law or chapter of the Municipal Code, as amended, shall be deemed a Licence under this by-law and shall be subject to all provisions of this By-law, but shall expire on the earlier of the two dates: a) The expiry date stated on the licence; or b) March 31, 2019. 21. Municipal Code 21.1. The Clerk of the City is hereby directed to make this By-law a part of The City of Kitchener Municipal Code by adding it to the concordance and arranging and numbering it as a chapter so as to fit within the scheme of the Code. 5 - 34 SCHEDULE 1 BUSINESSES REQUIRING A LICENCE TYPE OF BUSINESSEXPIRY DATEREGULATIONS AuctioneerMarch 31Schedule 4 Beauty Salon/Barber ShopMarch 31Schedule 5 BuskersMarch 31Schedule 6 ContractorMarch 31Schedule 7 Convenience StoreMarch 31Schedule 8 Driving SchoolsMarch 31Schedule 9 sMarch 31 (stationary), Schedule 10 Stationary & Pop-upPop-up (Oct 31) Food ShopMarch 31Schedule 11 Food TruckMarch 31Schedule 12 LaundretteMarch 31Schedule 13 Mobile BusinessMarch 31Schedule 14 Motor Vehicle FacilityMarch 31Schedule 15 NightclubMarch 31Schedule 16 Old GoldMarch 31Schedule 17 Pet Care EstablishmentMarch 31Schedule 18 Pet ShopMarch 31Schedule 19 Permanent VendorNo ExpirySchedule 20 Placeof AmusementMarch 31Schedule 21 Pop-up Shop250 days from issuanceSchedule 22 Public HallsMarch 31Schedule 23 Refreshment VehiclesMarch 31Schedule 24 Special EventsPer EventSchedule 25 Street VendorMarch 31Schedule 26 Temporary VendorPer EventSchedule 27 TheatresMarch 31Schedule 28 5 - 35 SCHEDULE 2 POLICE RECORD CHECK REQUIREMENTS 1. This schedule shall apply to those Persons who are required to provide Police Record Checks with anApplication. 2. The Police Record Check accepted by the Manager of Licensing shall meet the following requirements: a) must be the original version provided by the Police Department; b) must be completed within the municipality that the Person resides; c) must be obtained by the Person to whom it applies; d) if the Applicant is part of a partnership, a completed Police Record Check must be obtained for each partner; and e) if the Applicant is a corporation, a completed Police Record Check must be obtained for a director or officer, or a letter of authorization must be provided from any director naming a director,officer or employee of the corporation as their designate. 2. The Police Record Check shall only be considered valid if it is completed within six (6) months of the date of Application. 3. The Police Record Check shall be completed by a Canadian Police Service, or by a police service in the country where the Applicant resides. A Police Record Check completed by athird party agency will not be accepted. 4. Any Police Record Check that is completed in a foreign language must be translated and notarized. 5 - 36 SCHEDULE 3 INSURANCE 1. This schedule shall apply to any Applicant that is required to submit proof of insurance. 2. Upon submitting an Application, the Applicant shall execute the following indemnity to the satisfaction of the City: The Licensee both during and after the term of the Licence or renewed Licence, shall at all times, and at its own cost, expense, and risk, defend, indemnify and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and all respective heirs, administrators, executors, successors, and assigns from any and all losses, damages (including, but not limited to, incidental, indirect, special and consequential damages, or any loss of use, revenue or profit by any Person or Business), fines, penalties and surcharges, liabilities, judgements, claims, demands, causes of action, contracts, suits, actions or other proceedings of any kind and expenses which the indemnified City may suffer or incur, howsoever caused, provided such losses, damages, fines, penalties and surcharges, liabilities, judgments, claims, demands, cause of action, contracts, suits, actions or other proceedings of any kind and expenses as defined above are due or claimed to be due to the negligence, breach of contract, and/or breach of law of the Licensee. 3. The Applicant shall maintain liability insurance acceptable to the Manager of Licensing throughout the term of the Licence, if the Licence has been granted. 4. The liability insurance shall consist of a comprehensive policy of public liability and property damage insurance in an amount of not less than $2,000,000.00 per occurrence. 5. The liability insurance shall name The Corporation of the City of Kitchener as additional insured with a cross liability endorsement and severability of interest provision. 6. The Applicant shall submit a Certificate of Insurance evidencing the insurance and it shall state the coverage will not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by registered mail to the City. 5 - 37 SCHEDULE 4 AUCTIONEER 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for an Auctioneer Licence shall supply the following: a) Police Record Check. 2. Notwithstanding the prohibitions set out in section 3 of the By-law, a sheriff or bailiff offering for sale goods or chattels seized under an execution or detained for rent, or a Person selling land by public auction, is not required to be licensed under this By- law. 3. No Auctioneer Licensee shall: a) permit disorder in the auction room or offices; b) conduct or permit a mock auction; c) make or permit a misrepresentation as to the quality or value of the goods offered for sale; d) use the services of or act in concert with Persons known in the trade as f raising or stimulating bids; or e) give afalse statement to the owner of the goods or to a purchaser of the goods as to the sale. 4. Every Auctioneer Licensee shall keep proper books showing: a) the names and addresses of the owners of the goods auctioned; b) a description of the goods; c) the price at which the goods were sold; d) the amount of commission or fee; e) all money received in trust for clients; f) all disbursements out of money held in trust; g) the unexpended balance of money held in trust for each person for whom such money is held; h) all other money received and disbursed in connection with the business; 5 - 38 i) the names and addresses of the purchasers; and j) the date of payment and amount paid to the owners for the goods sold, or the date of return of unsold goods to the owners. 5 - 39 SCHEDULE 5 BEAUTY SALON 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Beauty Salon Licence shall supply the following: a. Health Approval; b. Planning Approval; c. Plumbing Approval; and d. Proof of Insurance. 2. Every Beauty Salon Licensee shall: a. ensure that the Licensed Premises are kept in a clean and sanitary condition; b. ensure that all Persons performing Beauty Salon treatments on the Licensed Premises are appropriately qualified, unless the person is a registered apprentice or a person employed during a probationary period; c. ensure that the any Certificate of Qualification required by law is posted in a conspicuous place; d. keep any Certificate of Qualification required by law with them when performing services and shall make it available to any customer or Officer upon request; e. ensure that all equipment used in the Licensed Premises is sterilized or disinfected as required by law or Regional Public Health guidelines; f. comply with the Personal Services Setting Protocol under the Infection Control Program of the Mandatory Health Program and Services Guidelines, January 1998, published by the Minister of Health as authorized by the Health Protection and Promotion Act, as amended and replaced from time to time; and g. comply with requirements of the Medical Officer of Health and the Person Services Protocol provided by the Region of Waterloo Public Health. 5 - 40 SCHEDULE 6 BUSKERS 1. Every Applicant for a Busker Licence shall specific on the Application whether they are applying as an individual or on behalf of a group. 2. Every Busker Licensee shall: a. perform only within the City of Kitchener; b. display their busker ID tag issued by the City at all times when acting as a Busker; c. operate as a group and perform as a group if their Application specified that they were applying on behalf of a group; d. perform without the use of amplified sound; e. be permitted to display, offer for sale and sell audio recordings of their performance; and 3. No Busker Licensee shall: a. obtain a Licence on behalf of a group but perform individually and not as part of the group; b. obstruct pedestrian or vehicular traffic; or c. permit their audience to obstruct pedestrian or vehicular traffic. 5 - 41 SCHEDULE 7 CONTRACTOR 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Contractor Licence shall supply the following: a) Police Record Check; and b) Proof of Insurance. 2. Every Contractor Licensee shall: a) where required by law, obtain all necessary permits prior to the commencement of any work, and upon completion, procure an inspection from the requisite City division; and b) have printed or otherwise impressed on all business contracts, quotations, forms, invoices, statements, and advertising materials, the 3. A Contractor Licence is not required for: a) anyone who keeps plumbing in repair, repairs or replaces valves, faucets, or fixtures or forces out a stoppage during the course of their employment, so long as he/she is working on plumbing to the Person to whom he/she is employed, and provided that this exemption does not apply to the installation, construction, or relocation of plumbing or additions hereto. 5 - 42 SCHEDULE 8 CONVENIENCE STORE 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Convenience Store Licence shall supply the following: a) For a ii. Planning Approval; and iii. Police Record Check. b) For a i. The documents listed in section 1a) above; and ii. Health Approval. 2. Other than those establishments identified in section 3 Licence shall be required for all Convenience Stores. 3. a)AConvenience Store that has meat and/or meat products other than pre-packaged meat for sale, offered for sale, or stored; b) a Convenience Store that has milk and/or milk products for sale, offers for sale, or stored; and c) a Convenience Store that sells, offers for sale, or stores prepared food or drinks which may be consumed by humans. 5 - 43 SCHEDULE 9 DRIVING SCHOOL 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Driving School Licence shall supply the following: a) Planning Approval; b) Police Record Check; and c) Proof of Insurance. 2. Every Driving School Licensee shall: a) keep a safety check for each of the motor vehicles over two years old that is used or to be used in the business; b) ensure that every motor vehicle used in the Business: i. is equipped with a roof sign that clearly indicates the name and nature of the business, and is visible from both the front and the rear of the vehicle; ii. is equipped with adual-control braking system; iii. is maintained in good repair; and iv. from December 1st to March 1st is equipped with snow tires or radial tires. c) provide upon inspection proof that the Driving School holds, or has in its employ a holder of, a current, unrestricted licence issued pursuant to the laws of the Province of Ontario; d) provide upon inspection proof that the Driving School holds, or has in its employ the holder of, an Ontario Safety League advanced instructors course certificate or equivalent; e) keep a record stating the make, model, serial number, and Ontario registration permit number issued pursuant to the laws of the Province of Ontario for each of the motor vehicles to be used in the Business; and f) keep a record of the name and address of each driving instructor employed by the Driving School. 5 - 44 SCHEDULE 10 1. In addition the licensing requirements set out in section 4 of this By-law, an Applicant a) for a i. Fire Approval; ii. Health Approval; and iii. Planning Approval. b) for a i. Health Approval; and ii. Owners Authorization. 2. Other than those establishments identified in section 3 required for all s. 3.: a) a Pop-up that consists of a farmer selling their own products from their garden, but not selling at their property; and b) a Pop-up where a Person who is not the farmer is 4.A Licence is not required for: a) Persons who design and make arts and crafts, and who sell arts or crafts designed and made by themselves. 5. A notification shall be sent to Waterloo Regional Public Health office for any changes made to the vendors from the original licence. 5 - 45 SCHEDULE 11 FOOD SHOP 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Food Shop Licence shall supply the following: a) Building Approval; b) Fire Approval; c) Health Approval; d) Planning Approval; and e) Plumbing Approval. 2. Every Food Shop Licensee shall: a) make available and known to the public and to an Officer if the Premises is licensed under the Liquor Licence Act; b) post the Licence in a conspicuous place in the Licensed Premises; c) post the occupancy load in a conspicuous place in the Licensed Premises; and d) comply with the requirements of the Medical Officer of Health through the Region of Waterloo Public Health. 5 - 46 SCHEDULE 12 FOOD TRUCK 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Food Truck Licence shall supply the following: a) Fire Approval; b) Health Approval; c) Planning Approval, if located on private property; d) Proof of Insurance; and e)drivers of the Food Truck. 2. Every Food Truck Licensee shall: a) have a Licence for each Food Truck; b) provide a description of the food being served; c) have a plan for the containment and disposal of grey water, grease, and garbage in a sanitary manner satisfactory to the City; d) ensure that any commercial cooking equipment and use thereof complies with the requirements of the Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations; e) provide the Manager of Licensing with the licence and serial number of the Food Truck; f) maintain the Food Truck in good repair and appearance, and equip it with refuse container accessible to the customers; g) keep the Licence posted in a conspicuous place in the Food Truck and make it available to any Officer upon inspection; h) ensure that every Person selling from or operating the Food Truck wears clean clothes, is clean and neat in appearance, and maintains clean hands; i) ensure that no damage is caused to City property as a result of the location of the Food Truck; j) not use any loud speakers, amplifiers, hailing devices, or music players; and 5 - 47 k) not impede the flow of pedestrian traffic or obscure clear visibility of normal approaching pedestrian or vehicular traffic. 3. Every Food Truck Licensee shall ensure that the Municipal Plate issued in respect of the Food Truck Licence is securely affixed to the rear of the Food Truck. 4. Food Trucks shall be exempt from hourly parking limits on City Highways provided they are parked in a legal parking sparking By-laws, engaged in the operation of the Food Truck, and in compliance with this By-law. 5. Food Trucks shall be permitted to operate at the following locations on a daily first- come, first served basis: a) in designated locations in City parks as approved by the Manager of Maintenance and Operations (Parks, Forestry, Trails); and provided that no more than identified number of Food Trucks shall be permitted at any one point during the hours of 9:00 a.m. and 11:00 p.m.: i. Budd Park one (1) Food Truck permitted; ii. Huron Natural Area two (2) Food Trucks permitted; iii. McLennan Park two (2) Food Trucks permitted; iv. Southwest Optimist Park one (1) Food Truck permitted; and v. Victoria Park one (1) Food Truck permitted. b) with consent of Centre in the Square Inc., and a maximum of three (3) Food Trucks may operate on Centre in the Square property; c) up to a maximum of three (3) Food Trucks may operate in the on-street 15-minute parking time limit area on Otto Street; d) Notwithstanding section 5b) and 5c) above, at no point may the combined total of Food Trucks on Centre and Square property and Otto Street be greater than three unless a Special Event Licence has been obtained; and e) in the parking lot municipally addressed as 20 Breithaupt Street, or in the on-street parking areas on Breithaupt Street, between Moore Avenue and Waterloo Street. 6. Food Trucks shall only be operated within the DKBIA Boundary as follows: a) at Carl Zehr Square, as programmed and organized by the City; b) as part of City-approved festivals and events where the appropriate Licenses have been obtained; 5 - 48 c) as part of a one-time promotional event between restaurant(s) and Food Truck(s), provided written consent is obtained from the restaurant owner/operator and approval is obtained from the Manager of Licensing in advance; d) as part of a plan to operate on a property on a consistent basis, as approved by the Manager of Downtown Community Development. The Manager of Downtown Community Development shall only approve plans which satisfy the following: i. the plan is organized by either the City, Downtown Kitchener Business Improvement Area, a food truck operator, or a downtown restaurant owner; ii. the organizer identifies the location, the days, and times food trucks would operate and the maximum number of food trucks who would be operating during said times; iii. the food trucks will only operate on a weekly or monthly basis; iv. the plan includes more than one participating food truck; v. all participating Food Trucks are licensed by the City; vi. the participating Food Trucks operate on a rotating basis; vii. the proposed property does not front King Street; viii. Services and the Chief Building Official; ix. the Owner of the property upon which the Food Trucks will operate has provided authorization; x. the plan is endorsed by the Downtown Kitchener Business Improvement Area; and xi. where the location resides on City Property, the organizer agrees to terminate the use of the property if the City determines the site in question has been damaged, litter or refuse has been left behind, or if the operation of any Food Trucks negatively interferes with the normal use and operation of the property; or e) where specifically permitted by a Food Truck Special Event Licence. 7. No Person shall permit any Food Truck to park overnight on City Property or private property after operating hours except on land owned, leased, or rented by the operator for the storage of the Food Truck and in compliance with the Zoning By- law. 8. No Person shall operate or permit to be operated a Food Truck at any Special Event, unless the Food Truck has been invited and has been named on the Special Event Licence. 9. No Food Truck Licensee shall operate, permit to be operated, or sell refreshments from any Food Truck: 5 - 49 a) in an area zoned R1, R2, R3, R4, R5, R6, R7, R8, or R9 by the City Zoning By-law, as amended, except as permitted by a Special Event Licence, or as specifically permitted herein; b) in any area where a restaurant is not permitted by the Zoning By-law except as permitted by a Special Event Licence or specifically permitted herein; c) on private property without the written consent of the property owner which has been provided in advance and approved by the Manager of Licensing; d) except in the case of the Huron Business Park is within ten (10) metres from any building where a Food Shop is located, unless written consent from all Food Shop Licensees has been obtained and provided to the Manager of Licensing; or e) that is within 90 metres from the property line of any land occupied by any public, separate, or private school on any school day between the hours of 9:00 a.m. and 4:30 p.m. unless written consent from the property owner or principal of the school has been obtained and provided in advance to the Manager of Licensing. 5 - 50 SCHEDULE 13 LAUNDRETTE OR DRY CLEANER 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Laundrette or Dry Cleaner Licence shall submit the following: a) Fire Approval, if applicable; b) Planning Approval; and c) Plumbing Approval. 2. Every Laundrette or Dry Cleaner Licensee shall: a) display the Licence in a conspicuous place, including the occupancy load for the establishment; b) upon inspection disclose to an Officer of any flammable or explosive chemicals ; and c) upon inspection disclose to an Officer any flammable or combustible liquids. 5 - 51 SCHEDULE 14 MOBILE BUSINESS 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Mobile Business Licence shall supply the following: a) the documents listed in the corresponding schedule, where applicable; b) the approvals listed in the corresponding schedule, where applicable; c) Police record check; and d) Proof of Insurance. 2. Every Mobile Business Licensee shall: a) ensure that the goods or services being provided, sold, or offered for sale comply with one of the schedules of this By-law as specified in section 3 of this schedule; b) have the Licence with them and available for inspection by any customer or Officer; c) have printed or otherwise impressed on all business contracts, quotations, forms, invoices, statements, and advertising materials, the Mobile Business name, business address, and telephone number; and d) keep any Certificate of Qualification required by law, if applicable, with them when performing services and shall make it available to any customer or Officer upon request during an inspection. 3. The provisions of the schedule of this By-law that would apply to a Mobile Business if it were being operated at a fixed location or within a building shall apply in addition to the provisions of this schedule save and except to the extent such provisions relate solely to the physical location of the Business. 5 - 52 SCHEDULE 15 MOTOR VEHICLE FACILITY 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Motor Vehicle Facility shall supply the following: a) Fire Approval; b) Planning Approval; and c) Plumbing Approval. 2. Every Motor Vehicle Facility Licensee shall: a) display the Licence in a conspicuous place, including the occupancy load; b) upon inspection disclose to an Officer of any flammable materials; and c) upon inspection disclose to an Office of any flammable or combustible liquids. 3. Every Licensee shall report to the Waterloo Regional Police Services when a Motor Vehicle is left on the Licensed Premises for a period of twenty-four hours (24 hours), if the Motor Vehicle has been left without permission of the Licensee or when the Licensee may have reason to believe the Motor Vehicle is either stolen or abandoned. 4. Every Licensee shall ensure that all Motor Vehicles associated with the Licensed Premises are parked within the boundaries of the property. 5 - 53 SCHEDULE 16 NIGHTCLUB 1. In addition to licensing requirements set out in section 4 of this By-law, an Applicant for a Nightclub Licence shall supply the following: a) Fire Approval; b) Health Approval; c) Planning Approval; d) Plumbing Approval; and e) Police Record Check. 2. Every Nightclub Licensee shall: a) ensure the Licence and the occupancy load is posted in a conspicuous place within the Licensed Premises; and b) ensure that where line-ups are formed for the purpose of gaining entrance to the Nightclub, a uniformed attendant is present for the purpose of regulating the line-up and prohibiting undue obstruction of any exit door, walkways, driveway, or highway; 3.ANightclub Licensee shall also obtain aFood Shop Licence where food is sold at the Nightclub, and consequently, additional requirements may be applicable as per the Food Shop schedule. 5 - 54 SCHEDULE 17 OLD GOLD SHOP 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for an Old Gold Shop Licence shall supply the following: a) Planning Approval; and b) Police Record Check. 2. Every Old Gold Shop Licensee shall: a) maintain a record of all gold, jewellery, or other precious metals purchased or acquired. The recordshall: i. be in the English language; ii. include the date and time of purchase or acquisition; iii. contain the price paid for the old gold, jewellery, or precious metals; iv. include the name, address, birthdate, type of identification, signature and description of the person from who the purchase or acquisition was made; v. contain a full description of the old gold, jewellery, or precious metals, including weight, material, colour, and karat; and vi. include a photograph of each piece that shall bears an identifying mark to connect it to the item in the record. 3. No Old Gold Shop Licensee shall: a) obtain any gold, jewellery, or other precious metals from any Person who is known to be or appears to be: i. under the age of eighteen (18) years; or ii. under the influence of alcohol or a drug. b) obtain any gold, jewellery, or other precious metals between the hours of 11:00 p.m. one day and 7:00 a.m. the following day; c) obtain any gold, jewellery, or other precious metals without requesting and being presented with identification containing a photograph, birthdate, and the name of the person selling, exchanging, or disposing of the gold, jewellery, or other precious metals; or d) alter, repair, or dispose of any gold, jewellery, or other precious metals, or a part thereof, purchased or acquired until after fifteen (15) days from the date of the purchase or acquisition. 5 - 55 4. During the fifteen (15) days referenced in subsection 3.d) above, the gold, jewellery, or other precious metals purchased or acquired shall remain on the Licensed Premises and shall be kept in a separate location from other gold, jewellery, or other precious metals previously purchased or acquired by the Licensee and shall be subject to inspection by an Officer at any time during business hours. 5 - 56 SCHEDULE 18 PET CARE ESTABLISHMENT 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Pet Care Establishment Licence shall supply the following: a) Animal Service Provider Approval; b) Planning Approval; and c) Plumbing Approval, if applicable. 2. Every Pet Care Establishment Licensee shall: a) post in a conspicuous place a list of all services and rates available; b) post in a conspicuous place the types of Animals on site; c) keep records of each incoming and outgoing Animal, including name and address of owner, and date of arrival and departures, if applicable; d) allow any records required by this By-law to be inspected, including inspection by any Officer or by any inspector of the Ontario Society for Prevention of Cruelty to Animals; e) maintain the facility, including the yard and all bedding, in a clean, sanitary, andadequately ventilated condition, and free of vermin and offensive odours; f) ensure facility once every day or more often as may be necessary to keep the floor clean; g) ensure that excreta, dead animals, and other waste resulting from keeping Animals, shall be removed from the Licensed Premises as necessary and in accordance with any applicable by-laws, or regulations from the Regional Municipality of Waterloo; h) ensure that all Animals are kept safe and secure; i) ensure all Animals are fed and watered or adequately nourished each day and kept in a clean and healthy condition free of vermin and disease; j) ensure that all Animals are vaccinated as required by law including vaccination against rabies, when applicable; 5 - 57 k) ensure that all food and water bowls are made of impermeable material, and are cleaned and disinfected daily; l) ensure that the Licensed Premises is adequately lighted with both artificial and natural light; m) ensure that a healthful temperature is maintained at all times for health, welfare, and comfort of every Animal; n) have an attendant on site or on-call with a contact number clearly posted outside of the facility on the property of the Business at all times when Animals are present at the facility; and o) ensure that any Animal medical emergencies or health issues are dealt with in a timely fashion. 3. Every Pet Care Establishment Licensee shall keep the records outline in subsection 2.c), as well as the following, if applicable: a) the name, address, and phone number of all persons whom a dog is sold or transferred, and the dates of said transfer; b) dates of arrivals to and departures from the facility of each individual dog; c) breeding and identification records of all whelping bitches, stud dogs, and resulting litters; and d) veterinarian records on every individual dog or other Animal shall be maintained at the Licensed Premises, and a veterinarian shall check and clear all dogs for health and parasites prior to any sale. 4. Doggie Daycares Class I and Class II, and breeding kennel shall maintain any whelping bitch in a separate accommodation from other dogs and shall provide a space for her and her puppies, or dogs in her litter, that is at least 2.5 times the length and width that would otherwise be required for that dog under this By-law, and a separate space shall be maintained both indoors and outdoors for weaned dogs under the age of four (4) months. 5. Every Pet Care Establishment Licensee operating as breeding kennel shall ensure that the whelping box shall be constructed with four sides and a floor made from impermeable materials. 6. Every Pet Care Establishment Licensee shall ensure that each dog is able to stretch or stand to its full body height and full body length and shall provide the following individual cage or pen minimum space and height per dog and shall securely affix to the front of the cage or pen the maximum weight therefor: 5 - 58 a) up to 12 kilograms requires a minimum pen floor area of 1.0 square metres and minimum height of 0.8 metres; b) over 12 kilograms and under 30 kilograms requires a minimum pen floor area of 2.0 square metres and minimum height of 0.9 metres; and c) over 30 kilograms requires a minimum pen floor area of 2.5 square metres and minimum height of 2.0 metres. 7. Every Pet Care Establishment Licensee that owns or operates a Breeding Kennel, Boarding Kennel, or Doggie Daycare, shall ensure each cage or pen used for the housing or holding of a dog shall be constructed and maintained so that: a) every dog in the cage or pen may comfortably extend its legs to its full extent, stand, sit, turn around, and lie down in a fully extended position; b) it is not likely to harm any dog therein; c) any dog therein cannot readily escape therefrom; and d) it may be easily cleaned. 8. Every Pet Care Establishment Licensee that operates as a Class II Doggie Day Care shall not operate within 200 metres of any residential zone, unless such Business has been annually licensed and continually in operation at the location since February 13, 2006. 9. Every Pet Care Establishment Licensee shall ensure that the portion of the building being used for the operation has a floor and walls made of concrete or other impermeable material and shall not be made from painted wood. 10. Every Pet Care Establishment Licensee that operates as a Breeding Kennel or Boarding Kennel shall have flooring that is self-draining with a maximum five minute drain time and have a drain opening constructed as a plumbing fixture connected to the sanitary sewer maintained in functioning condition at all times. A plumbing permit is required for the installation of the drain. 11. Every Pet Care Establishment Licensee that owns or operates as a Breeding Kennel, Boarding Kennel, or Doggie Daycare shall ensure an exercise area shall be provided so as to enable each dog to exercise freely and easily so as to maintain physical health and well-being. 12. Every Pet Care Establishment Licensee that has an indoor run in the Licensed Premises shall ensure that the if run does not have heated floors that a bedding box with proper and clean bedding is provided, and that open-air runs are properly fenced and adequately shaded. 5 - 59 13. Every Pet Care Establishment Licensee shall ensure that any yards and runways associated with aBreeding Kennel or Boarding Kennel operation shall be completely with a solidly constructed fence, so as: a) to obstruct fully the visibility of the neighbouring properties from the dogs as reasonably possible given the grade of the property andshall follow and b) to prevent the dogs from escaping from the Licensed Premises; and 14. Every Pet Care Establishment Licensee shall ensure that yards and runways associated with the Licensed Premises are cleaned at least once daily, when in use. 15. The provisions of this schedule shall not apply to: a) a veterinary hospital, clinic, office or veterinary service lawfully operated and supervised by a veterinarian licensed to practice in Ontario; b) an animal shelter operated by the Animal Services Provider; c) premises registered as a research facility in accordance with Animal for Research Act; d) a Pet Shop Licensed by the City provided that the Pet Shop does not offer for sale or sell any dog other than through an adoption program under which no dog is kept at the Pet Shop between the hours of 12:00 am and 5:00 am; and e) dogs owned by the Animal Services Provider and being fostered in a dwelling unit at its request. 5 - 60 SCHEDULE 19 PET SHOP 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Pet Shop Licence shall supply the following: a) Animal Service Provider Approval; and b) Planning Approval. 2. Every Pet Shop Licensee, when acquiring an animal for the purpose of offering the animal for sale, shall obtain the animal only from the following sources: a) municipal animal shelter; b) registered humane society; c) registered shelter; or d) rescue group. 3. Every Pet Shop Licensee shall: a) post the Pet Shop Licence in a conspicuous place; b) post a list of Animals prohibited by the City; c) keep Animals in sanitary, well-bedded, well ventilated, adequately lighted, clean quarters, and maintain such quarters at a healthful temperature at all times; d) ensure that all garbage, refuse, and animal droppings shall be collected and stored in containers with tight lids and shall be disposed of frequently; e) provide cages, pens, or containers for caged Animals that are sufficient in size and height to permit any Animal to stand its full height and to turn around easily, and to lie down easily, and ensure that all cages cannot be easily overturned and avoid overcrowding; f) ensure that each cage containing a bird shall be of sufficient size and dimensions to enable each bird to have an amount of perch space for itself which would permit the bird to fully extend its wings in every direction from its perch; g) adequately feed and water the Animals; 5 - 61 h) keep and maintain a register for at least 24 months of each Animal purchased or otherwise obtained by the Pet Shop Licensee, which shall include: i. the date the Animal was obtained or purchased; ii.afull description of the Animal including sex, colour, breed, distinguishing markings and name, if any; and iii. advise any Person purchasing a dog of the licensing requirements found in any by-law of the City and advise the Animal Services Provide of the names and address of the City of Kitchener residents who have purchased dogs. 4. Every Pet Shop Licensee that keeps, sells, or offers for sale any restricted Animals shall: a) advise every City of Kitchener resident who purchases a restricted Animal of the registration requirements from the City; b) make every reasonable effort to obtain the name and address of any person purchasing a restricted Animal; and c) submit to the Animal Service Provider the names and addresses of City of Kitchener residents who have purchased restricted Animals. 5. No Pet Shop Licensee shall: a) knowingly sell any diseased Animal; b) sell or keep for sale any Animal which is prohibited under any by-law of the City; c) display an Animal unless such Animal is adequately protected from drafts, direct rays of the sun, excessive heat or cold; d) sell or give away any dog under the age of eight weeks; and e) sell or give away any cat under the age of eight weeks. 5 - 62 SCHEDULE 20 PERMANENT VENDOR 1. This schedule shall apply to any Person acting as a Permanent Vendor and not regulated by another schedule to this By-law. 2. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Permanent Vendor Licence shall supply the following: a) Planning Approval. 3.No Permanent Vendor Licence will expire, unless the Business: a) changes location; b) changes ownership; c) changes operating name; or d) changes the nature of the Business. 5 - 63 SCHEDULE 21 PLACE OF AMUSEMENT 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Place of Amusement Licence shall supply the following: a) Planning Approval; b) Fire Approval; and c) Proof of Insurance. 2. Every Place of Amusement Licensee shall: a) ensure that nothing is placed so as to obstruct access to the entrances to and the exits from the Licensed Premises; b) ensure the Place of Amusement Licence is displayed in a conspicuous place, including the occupancy load; and c) ensure the Licensed Premises are kept in a clean, safe, and sanitary condition. 3. Every Place of Amusement Licensee operating as an arcade shall: a) ensure that for all arcades there is a clearance of 30.48 centimetres (one foot) on either side of each machine and 122 centimetres (four feet) in front of the machine; and b) ensure all arcades are equipped with a washroom, for the use of patrons, which shall comply with all standards of public health. 4. No Place of Amusement Licensee shall: a) have arcade games designed to appeal to erotic or sexual appetites; or b) permit any disorderly conduct or loitering to take place in or about the Place of Amusement. 5 - 64 SCHEDULE 22 POP-UP SHOP 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Pop-up Shop Licence shall supply the following: a) Planning Approval; and b) Health Approval, where applicable. 2. Every Pop-up Shop Licensee shall: a. ensure the Licence is displayed in a conspicuous place; b. only be in one (1) specific location specified on the Licence for no more than 250 days; and c. post notice in a conspicuous place that the location is temporary. 3. No Pop-up Shop Licensee shall obtain multiple Pop-up Shop Licences for the same location. 5 - 65 SCHEDULE 23 PUBLIC HALLS 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Public Hall Licence shall supply the following: a) Fire Approval; b) Planning Approval; and c) Plumbing Approval. 2. Every Public Hall Licensee shall: a) display the Licence in a conspicuous place, including the occupancy load for the Licensed Premises; b) have a Person over the age of 18 years present to supervise during the use of the Licensed Premises; and c) keep the Licensed Premises clean and sanitary. 3. No Public Hall Licensee shall: a) permit any disorderly conduct to take place on the Licensed Premises; b) permit any person to loiter, create a disturbance, or cause undue noise in or about the Licensed Premises; c) rent out the kitchen for the use of preparing food by a catering company, unless the following have been met: i. the catering company is licensed through the City; ii. Health approval is obtained; and iii. Fire inspection is completed. 5 - 66 SCHEDULE 24 REFRESHMENT VEHICLE 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Refreshment Vehicle Licence shall supply the following, where applicable: a) for a i. Planning Approval; ii. Health Approval; and iii. Fire Inspection, if applicable. b) for a i. Planning Approval; and ii. Health Approval. c) for a i. Planning Approval; ii. Health Approval; iii. Proof of Ownership; and iv. Proof that the Refreshment Vehicle is licensed as a commercial vehicle pursuant to the Highway Traffic Act, R.S.O. 1990, c. H.8. 2. including, but not limited to, chip wagons and hot dog carts. 3. Vehicles including, but not limited to, ice cream carts. 4. including, but not limited to, canteen vehicles. 5. Other than during Special Events, Refreshment Vehicles shall only operate on private property. 6. Every Refreshment Vehicle Licensee shall: a) have the Licence available in the Refreshment Vehicle and shall be provide it to any customer or Officer upon request; b) if applicable, provide the Licence number and serial number of the Refreshment Vehicle to the Manager of Licensing and advise the 5 - 67 Manager of Licensing of any changes to such information if the Refreshment Vehicle is replaced; c) affix the Municipal Plate provided by the City to the Refreshment Vehicle; d) maintain the Refreshment Vehicle in good repair and appearance; e) if applicable, ensure the body, doors, and windows of the Refreshment Vehicle shall be of sufficiently sound construction to provide reasonable protection against dust, dirt, flies, and other injurious matter; f) ensure that every Person selling or handling refreshments wears clean clothes, is clean and neat in appearance, and has clean hands; and g) have every vehicle operating under the same Business name licensed. 7. No Refreshment Vehicle Licensee shall: a) operate at aSpecial Event without being invited by the event organizer(s); b) operate at a Special Event without being listed as a vendor on the Licence and without first obtaining the applicable inspections; c) use loud speakers, amplifiers, or other hailing devices from or in relation to a Refreshment Vehicle except as specifically permitted herein; or d) operate, permit to be operated, or sell refreshment from a Refreshment Vehicle upon any highway or part of a highway or in any public park or other public place, except as otherwise permitted under this By-law or by Council resolution. 8. Every Refreshment Vehicle Licensee shall: a) be located at a minimum distance of 200 metres from any lot on which a Licensed Food Shop is located except during a Special Event; and b) be located at a minimum distance of 400 metres from any lot on which during a Special Event. 9. Where a proposed location for aClass not meet the separation distance requirement of this By-law, the Manager of unless the Class A Refreshment Vehicle Licence was issued to the same Licensee for 5 - 68 the same location in the past 12 months in which case the Manager of Licensing shall exempt the Licensee from this requirement. 10. Where the Manager of Licensing has refused to issue a Class A Refreshment the required separation distances and no Licence was held by the Applicant for the same location in the past 12 months, the Applicant may request in writing that the Manager of Licensing circulate the A a. ifno objections are received from the notified Licensees and all other by- law requirements are met, the Manager of Licensing may issue the Licence; and b. ifany objections are received from the notified Licensees, the Manager of Licensing shall refer the Application to Council or a Committee of Council for a final decision. 11. Every Refreshment Vehicle Licensee shall: a) ensure that the operator the Refreshment Vehicle is physically capable of handling the vehicle under all conditions; b) equip each vehicle with a refuse container; c) use only a soft-toned bell or chime on each vehicle; and d) equip all drivers of the vehicle with bright and clean wearing apparel. 12. No Refreshment Vehicle a) permit the use of other than manually propelled vehicles; b) stop for longer than 10 minutes at any one serving location; c) ;or d) i. on a highway other than in an area zoned residential; ii. between the hours of 9:00 p.m. and 9:00 a.m.; iii. on any portion of a highway adjacent to any public park, playground, or an athletic field, where refreshments are available; iv. on private property without written consent; v. within 30 metres of an intersection; 5 - 69 vi. within 90 metres of a property line of any land occupied by a public, separate, or private school between the hours of 9:00 a.m. and 4:30 p.m. on a school day; or vii. within 90 metres of a property line of land occupied by a business that sells products similar to those sold or offered for sale from the Refreshment Vehicle to the public. 13. Every Refreshment Vehicle Licensee shall: a) obtain permission from the private property owner where the Refreshment Vehicle will be located; b) not obstruct normal pedestrian or vehicular traffic; and c) not obscure clear visibility of approaching pedestrian or vehicular traffic. 5 - 70 SCHEDULE 25 SPECIAL EVENT 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Special Event Licence shall supply the following: a) for a i. Fire Approval; ii. Proof of Insurance; and iii. Animal Services Provider Approval, if Animals are involved b) for a i. The documents listed in section 1a) above; and, ii. Health Approval, if applicable. 2. Other than those establishments identified in section 3 required for all Special Events. 3. a) a Special Event with Food Trucks and Refreshment Vehicles; and b) Aa Special Event that includes the sale of Food, Food Products, or Refreshments. 4. Every Special Event Licensee shall: i. have written permission of the owner of the private property consenting to the use of their property; ii. provide a description of all merchandise, food, goods, or services offered; iii. provide a list of all vendors attending the event, if applicable; iv. provide proof of Registered Charity status or Neighbourhood Association status, where applicable; v. provide evidence of authorization pursuant to the Technical Standards and Safety Act, 2000, for each ride that is part of the Special Event; vi. keep the grounds and premises in good order; and vii. ensure there are satisfactory washroom facilities, refuse receptacles, and security measures in place. 5 - 71 5. No Special Event Licensee shall: a) permit amplified noise that contravenes Chapter 450 of The City of Kitchener Municipal Code unless an exemption has been granted by Council or the Director of By-law Enforcement; or b) sell or offer to sell goods or services other than those goods or services identified in the Licence. 6. All Special Events or parts thereof shall cease operating not later than 11:30 p.m. each day of the event, and the grounds shall be completed cleared of all public patrons within one hour after the closing hour of 11:30 p.m. 7. The provision in section 6 above shall not apply to any Special Event where the Licensee has been issued a liquor licence from the Alcohol and Gaming Commission of Ontario. 5 - 72 SCHEDULE 26 STREET VENDOR 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Street Vendor Licence shall supply the following: a) Health Approval, if applicable; and b) Proof of Insurance. 2. Every Street Vendor Licensee shall: i. only operate in one of the designated locations and sell or offer for sale only the designated products; ii. submit separate Applications for each permitted location as described in section 5, below; iii. apply for and be granted a Licence in a first-come, first-serve basis; iv. not use any loud speakers, amplifiers, hailing device, or music players; v. remove themselves, any refuse container, and any debris from site each day upon the conclusion of the day; vi. commence their daily operations no earlier than 9:00 a.m. and shall cease their daily operation no later than 11:59 p.m.; and vii. ensure anyone operating the vehicle wears clean apparel. 3. Street Vendor Licensees are only permitted to operate in the following locations: a) Victoria Park at the location in the vicinity of the Pavilion and at least 300 feet from the nearest other Refreshment Vehicle and/or City concession as specifically stated on the licence; b) King Street and Gaukel Street on the sidewalk at the south-west corner; c) King Street West and Water Street on the sidewalk on the south- west corner; d) King Street East across from 53 King Street East on the sidewalk in front of the parkette; e) King Street and Benton Street Speakers Corner Park; or 5 - 73 f) 45 Woodside Avenue green space facing Queen Street South. 5. Licensees shall only sell or offer for sale specified products at each location. The products include: a) Victoria Park -any food items as approved by Public Health; b) King Street and Gaukel Street -any food items as approved by Public Health; c) King Street West and Water Street popcorn, confections, nuts and candy; d) King Street East across from 53 King Street East -any food items as approved by Public Health; e) King Street and Benton Street -Portrait artist to sketch and paint; or f) 45 Woodside Avenue - any food items as approved by Public Health. 6.ASpecial Event Licensee operating as a portrait artist pursuant to this By-law shall: a) display the Municipal Plate in a conspicuous place; b) provide a refuse container; c) sell only sketches or paintings done on site; d) ensure that anyone operating the stand wears clean apparel; e) not use loud speakers, amplifier, hailing devices, or music players; and f) commence their daily operations no earlier than 9:00 a.m. and shall cease their daily operation no later than 11:59 p.m. of the same day. 5 - 74 SCHEDULE 27 TEMPORARY VENDOR 1. In addition to the licensing requirement set out in section 4 of this By-law, an Applicant for a Temporary Vendor Licence shall supply the following: a) Health Approval, if applicable. 2. Every Temporary Vendor Applicant shall: a) provide written permission of the owner of the private property consenting to the use of the property by the Applicant; b) provide adescription of all merchandise or services offered; c) provide proof of a building permit, where a tent(s) has been erected; and d) provide proof that the Applicant is Registered Charity or Neighbourhood Association if applicable. 3. No Temporary Vendor Licensee shall: a) sell or offer to sell any goods or services offered other than those goods or services identified in the Licence; or b) operate within 400 metres of a Permanent Vendor selling similar goods or services, unless operating in a motel, hotel, convention centre, Public Hall or shopping mall, or for a Special Event. 4. A Temporary Vendor Licence is not required for vendors: a) who design and make arts or crafts, and who are selling arts or crafts designed and made by himself/herself; b) who operate or promote trade shows; and c) operating as part of a Licensed Special Event. 5 - 75 SCHEDULE 28 THEATRE 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Theatre Licence shall supply the following: a) fTheatre Licence: i. Fire Approval; ii. Health Approval; iii. Planning Approval; and iv. Plumbing Approval; b) fTheatre Licence: i. The documents listed in 1. a) above; and ii. Building Approval. 2. A required for all Drive-In Theatres. 3.B i. Single Screen Theatre; and ii. Multiple Screen Theatre. 4. Every Class B Theatre must have a lobby and every viewing room in a Theatre must have direct access to the lobby. 5 - 76 SCHEDULE 29 RENEWAL REQUIREMENTS 1. In addition to the licensing requirements set out in section 4 of this By-law, a completed Application for a Licence renewal shall be accompanied by the listed requirements/approvals and shall be submitted by the listed due date: TYPE OF BUSINESSREQUIREMENTS/APPROVALSDUE DATE Auctioneer--March 31 Beauty Salon/Barber HealthMarch 31 Shop Buskers--March 31 ContractorsInsuranceMarch 31 Convenience StoresHealthMarch 31 Driving SchoolsInsuranceMarch 31 -Fire, HealthMarch 31 Stationary Food ShopFire, HealthMarch 31 Food TruckMarch 31 Licence Laundrette/Dry CleanerFire, PlumbingMarch 31 Mobile BusinessHealthMarch 31 Motor Vehicle FacilityFireMarch 31 NightclubFire, HealthMarch 31 Old Gold Shop--March 31 Pet Care EstablishmentHumane SocietyMarch 31 Pet Shop--March 31 Place of AmusementFire, InsuranceMarch 31 Public HallsFireMarch 31 Refreshment VehiclesFire, HealthMarch 31 Street VendorHealth, InsuranceMarch 31 TheatreFire, HealthMarch 31 5 - 77 REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: December 4,2017 SUBMITTED BY: Greg St. Louis,Director of Utilities,519-741-2600 ext. 4538 PREPARED BY: Danny Persaud,Manager of Gas Supply Operations & Regulations, 519-741-2600 ext. 4255 WARD(S) INVOLVED: All DATE OF REPORT: November 23, 2017 REPORT NO.: INS-17-085 SUBJECT: 3 YEAR REVIEW OF NATURAL GAS PURCHASING POLICY RECOMMENDATION: For Information. BACKGROUND: In January 1998, Council adopted policy I-560 (The Gas Purchase Policy), which bylaw. The main driver for this separate policy is that the nature, extent, and timing of these transactions services. Since its inception, this policy has been amended four times, with the most recent amendment being in June 2014 when council established a more management of the gas purchase portfolio. This was accomplished by reducing the proportion of fixed purchases and the purchase horizon from 5 years to 3 years. Tables 1 and 2 below provide the fixed portfolio limits before and after the changes. PastFixed LimitsYear 1Year 2Year 3Year 4Year 5 Maximum90%70%50%30%20% Minimum40%30%20%10%10% CurrentFixed LimitsYear 1Year 2Year 3 Maximum60%40%20% Minimum20%20%0% *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. IF1 - 1 As per clause 4 of the gas purchasing policy, Staff is required to review the policy on a no less than three-year basis to ensure that the ongoing performance of the portfolio is meeting its strategic objectives and customers rate expectations. This report addresses the requirement as per clause 4. REPORT: Since the introduction of the market responsive policy in 2014,Staff has found that retail rates charged to its customers are more reflective of market costs and are less stable overall. Figure 1 below depicts gas rate charged to its customers compared to market prices and Union Gas rates. rate impact in relation to the market trend. Section 1 Prior to 2005, the gas market was rising significantly and the original gas purchasing policy allowed Kitchener Utilities a significant advantage as it was able to provide stable rates to its customers during this period of growing uncertainty. Excessive volatility (peaks and valleys) in the market price were being mitigated by the policy. Section 2 Between 2005 and 2009, the market was starting to flatten out and . Section 3 Starting in 2009, the introduction of shale gas (leading to higher supply) and the looming financial crisis (leading to lower demand from recession) disrupted the natural gas markets and caused prices to drop significantly because of the oversupply relative to demand. Since Kitchener had a gas purchasing policy that favoured stable rates, long term pricing was locked in, and when the market collapsed, Kitchener was left paying higher prices than market. However, due to the responsiveness of the original policy, rates were trending down to come in line with market prices. Section 4 Before the introduction of the new gas purchase policy,market prices market costs. This makes sense because markets are inherently cyclical and will perpetually go up and down. Section 5 In June 2014, council passed a resolution that reduced the fixed horizon and limits in an effort to make rates even more market responsive. By IF1 - 2 this time, KU gas rates and market prices were already converging although existing fixed contracts made under the original policy were still in effect. The gas market fell again slightly and KU rates subsequently followed. Section 6 In 2016, most fixed contracts made under the original gas purchase policy came to completion and Staff made its first fixed contract under the new gas purchase policy in October 2016. SectionMarketTrendKU RateImpact Outperforming market by weathering the high 1Risingvolatility (peaks & valleys in pricing) Slightly underperforming the market but stable, 2Flatsecure & flat while continuing to mitigate volatility Underperforming the market but stable, secure & 3Fallingtrending downto catch up to market prices. Slightly underperforming but stable, secure & 4Rising flattening off to be in-line with market IF1 - 3 SectionMarketTrendKU RateImpact New policy takes effect but existing fixed contracts 5Flatstill in effect.Rates stable, secure & in-line with market First fixed contract under new policy. 6FlatRates stable, secure & in-line with market Therefore, two conclusions can be drawn. 1. The introduction of the new gas purchase policy, which reduced fixed limits, did not have an effect on the portfolio thus far due to the lagging effect of the hedging mechanism. 2. Not much time has elapsed to completely understand the impact of these reduced limits on forward markets. With the growing uncertainties in the natural gas market arising from lower commodity prices due to weather, carbon taxing, competition from clean coal etc., having a portfolio that is more market responsive to changing market conditions may prove helpful in the future. However, as natural gas is being touted as a transition fuel for the low-carbon economy, we may see natural gas prices start to rise and having these reduced limits may place Kitchener at a significant disadvantage in securing stable rates for its customers. Staff believes that in light of these uncertainties, it is prudent to employ a -and- approachin order to gauge its longer-term effect. Staff will return no later than three years as stipulated in the purchasing policy with an update to this discussion. Staff would like to stress the point that hedging and use of the fixed portfolio is not about beating the market and winning but its primary goal is to reduce volatility in prices and keep rates stable for customers. Also, supply rates are charged at cost and the utility makes no money from these programs. During some periods, gas rates will be higher than market and at other times, it will be lower than market. This is the trade-off required for stable rates, which are favored by a majority of Kitchener gas customers. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: vision through the delivery of core service. IF1 - 4 FINANCIAL IMPLICATIONS: Not applicable. COMMUNITY ENGAGEMENT: INFORM advance of the council / committee meeting. PREVIOUS CONSIDERATION OF THIS MATTER: th INS-14-014 Natural Gas Purchase Policy Review May 29 2014 ACKNOWLEDGED BY: Cynthia Fletcher, Interim Executive Director, Infrastructure Services IF1 - 5 FINANCE & CORPORATE SERVICES COMMITTEE Page 1 UNFINISHED BUSINESS2017-12-04 DATE SUBJECT (INITIATOR)INITIALLYTARGETSTAFF CONSIDEREDDATE/STATUSASSIGNED D. Oct 16, 2017 South District Park Relocation of the Stone Farm Jan 2018 McGoldrick Report CSD-17-074 House Alternatives IF2 - 1