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HomeMy WebLinkAboutCouncil - 2010-05-03COUNCIL MINUTES MAY 3, 2010 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor G. Lorentz. The meeting began with the singing of "O Canada" by Crystal and Cassie Wolfe, King School of Vocal. On motion by Councillor C. Weylie, the minutes of the regular meeting held April 19, 2010 and special meetings held April 19 & 26, 2010, as mailed to the Mayor and Councillors, were accepted. Councillor J. Smola advised that at the April 12, 2010 Community Services Committee meeting he had disclosed a pecuniary interest and abstained from all discussion and voting in regard to report CSD-10-027, dealing with authorization to enter into an agreement for Golf Professional Services, as his son is an employee of the organization which is a party to the agreement. In this regard, Councillor Smola advised that he wished to make known that subsequently, at the April 19 Council meeting when the Committee's recommendation was ratified and confirmed, he had inadvertently failed to make a similar disclosure. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mayor C. Zehr advised that Mr. Steve Bienkowski, CEO, Kitchener Rangers, was unable to attend due to the recent passing of his wife and the presentation listed under 4 b) of the agenda would be rescheduled to another date. Mayor Zehr conveyed an expression of sympathy on behalf of Council and the City to the Bienkowski family. Lieutenant Keith Miller, Naval Deck Officer HMCS STAR, Michael Edwards, President, K-W Naval Association and Lieutenant Chris Patterson, Commanding Officer, RCSCC WARSPITE (Kitchener Corps of Sea Cadets), attended to present a framed photograph of the City's namesake Canadian Warship, HMCS KITCHENER (K225), on the occasion of the Canadian Naval Centennial (1910- 2010). Lieutenant Miller advised that the warship was commissioned in June 1942 and served Canadian maritime operations until July 1945. He added that while its service was short it did have notable moments of service including its participation in invasion duties at Normandy (D-Day) during the 2"d World War. Mayor C. Zehr accepted the framed photograph on behalf of the City, advising that arrangements will be made to have it displayed in the Memorial Room of the K-W Naval Association. Mr. Ed Redgwell, resident, attended to raise concerns regarding the establishment of the City's $110M Economic Development Investment Fund (EDIF). He stated that over the past 5 years he has investigated details pertaining to EDIF, suggesting that its establishment was based on trickery and deceit of taxpayers. He suggested that the fund was approved quickly and quietly and arrangements made secretly to finance the fund through debentures over a 15 year period, raising the cost of the fund to $150M. He stated that this matter was exposed in an article by The Record which has angered taxpayers, the majority of whom he suggested knew nothing of the fund. He commented that in 2009 Mayor Zehr and Councillor B. Vrbanovic had stated that many public meetings had been held and the public fully informed of the fund, debentures and its cost; and that Councillor Vrbanovic had stated that there were numerous publications explaining the fund and debentures. He advised that he had submitted a request to the City under the Freedom of Information Act (FOI) to see where and when the referenced meetings had been held and staff had responded that these meetings had been consultative meetings and therefore, there was no record and no minutes of the meetings. He advised that he had asked Councillor Vrbanovic to provide copies of the publications he spoke of and acknowledged receipt of 71 pages of information which, in his opinion, did not explain anything about the debentures and its costs. Mr. Redgwell noted that he had put similar question to Mayor Zehr recently, who had responded in like manner that they were not meetings but rather public consultations. Councillor B. Vrbanovic advised that the package of information he had supplied to Mr. Redgwell included 19 documents related to EDIF, aside from the City's Your Kitchener publication that was distributed City-wide to all households explaining details of the fund prior to its establishment. He pointed out that in 2004, in addition to the public consultation meetings for which he acknowledged there are no minutes, the EDIF proposal was discussed at a number of public meetings held by the City's Finance and Corporate Services Committee and Council; the dates and meeting minutes of which were supplied to Mr. Redgwell. Mayor C. Zehr advised that on March 19, 2010 in response to Mr. Redgwell, he had also referenced the same materials supplied by Councillor Vrbanovic and was pleased with Mr. Redgwell's COUNCIL MINUTES MAY 3, 2010 - 112 - CITY OF KITCHENER acknowledgement of having received the information. Mayor Zehr stated that the number of public meetings identified demonstrate that the fund was not passed quickly or quietly; but rather there was considerable information and discussion not only of the fund itself, but of the financing options as referenced in the March 8, 2004 Council minutes. Mayor Zehr stated that there was nothing secretive in regard to the establishment of EDIF and he was disappointed at the disparaging remarks made by the delegation. He assured that he also deals only in facts and has never engaged in anything secretive or deceptive. Ms. Mary Jane Patterson, Waterloo Region Green Solutions, attended on behalf of the Residential Energy Efficiency Project (REEP) in support of Clause 3 of the Development and Technical Services Committee report, dealing with a request to the Canadian Government to restore funding for the "ecoENERGY Retrofit - Homes Service" program. Ms. Patterson advised that funding was unexpectedly terminated on March 31, 2010 for any new participant registrations and no opportunity was given to discuss a business plan to move forward with the program. She added that the program did always have an end date of 2011 and industry representatives were already in discussions with the Ministry in the hope of carrying on the program; but had no warning of an earlier end date. She stated that the Province is continuing to fund its portion of the program while it assesses the current situation and REEP is carrying on its program for existing registrants. Councillor B. Vrbanovic inquired if the delegation was aware of recent media announcements that suggest the Federal Government has not ceased funding but rather is evaluating the program while it is still operating. Ms. Patterson advised that this was relayed to her; however, the industry has heard nothing further and the message has been clear that there is to be no new registrations. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 3 of the Development and Technical Services Department report of this date be adopted." Carried Unanimously, by all members present. Mr. Derek Sartik, Community Renewable Energy Waterloo (CREW), attended in regard to Clause 5 of the Finance and Corporate Services Committee report of this date, dealing with grant approvals for applications to the City's Local Environmental Action Fund (LEAF). CREW's original application requests a grant of $566,000. to create an incentive program for faith institutions to undertake rooftop solar photovoltaic installations, in which solar energy will be directly converted into electricity and sold back through the power grid. The premise is to "bait and hook" faith groups to partner in this project, whereby, CREW will complete the process under the Ontario Feed-In Tariff Program (FIT) and provide the 1st kw/hr free to partnering faith groups; and subsequently, CREW will provide appropriate support to each group toward achieving a full 10 kw/hr installation. Mr. Sartik advised that a question was raised as to the feasibility of providing funds for a smaller pilot project and he was now proposing that the original grant request be decreased by half to $275,000. which would allow CREW to pursue 12 faith institutions instead of 25. He noted that they have already had contact from approximately 30 interested faith groups demonstrating substantial interest and it was his opinion that this proposal meets with the objectives of LEAF. Councillor J. Gazzola noted that the cost to the faith groups to reach the full 10 kw/hr installation would be approximately $90,000 and questioned how they would achieve and/or recoup their investment. Mr. Sartik stated that the majority would be through initial debt financing, together with fundraising efforts, and the loans would be repaid by revenue generated through sale of power back to the Ontario Power Authority. Councillor Gazzola questioned if the group has pursued any other funding sources. Mr. Sartik advised that there are a number of religious groups contributing, including the Mennonite Central Committee of Ontario and the Faith and the Common Good organization. He added that they have not pursued funding at the senior level of government, other than revenue is expected from Ontario Power Authority under the Ontario Feed-In Tariff Program (FIT). Councillor K. Galloway commented that a reduced grant of $100,000. was proposed at the Committee meeting and asked for the rationale behind the higher figure of $275,000. Mr. Sartik responded that they would do what they could with any amount received; however, the more the scope of the project is reduced the lesser impact to the environment and he was of the opinion the proposed reduction makes the most sense in respect to achieving a meaningful pilot. COUNCIL MINUTES MAY 3, 2010 - 113 - CITY OF KITCHENER Councillor B. Vrbanovic noted that the concept of allowing a loan for applications which are primarily profit oriented was discussed at Committee and asked if this would be a feasible solution for this application. Mr. Sartik expressed preference for a grant, commenting that he was uncertain how the proposal would work under a loan situation and would want to consult with financial experts before entertaining the idea of a loan. Councillor Vrbanovic advised that staff is being directed to investigate and report back in September on the feasibility of including loans as a component of LEAF and questioned if this timeframe was problematic for CREW. Mr. Sartik stated that the fall timeframe was workable, noting that while a loan situation would change the character of this proposal they would be happy to see this project go forward in any way possible. Mayor C. Zehr questioned that in the event the project goes forward in whatever manner, if it was CREW's intent to continue to re-apply for subsequent grant funding. Mr. Sartik advised that their intent is a one time grant to act as a catalyst, ideally with participation of 25 faith groups and thereafter, information kits would be available to any other interested groups to pursue installations on their own. Mayor Zehr noted that the LEAF Steering Committee and staff is also to consider the issue of multi-year applications from a single source and was hesitant to make a decision on this application pending further review of the policy issues. Councillor B. Vrbanovic requested clarification as to this Council's ability to approve grant funding under the LEAF program after Nomination Day, September 10, 2010. Mr. R. Gosse, City Clerk, advised that amounts over $50,000. that have not been specifically allocated in the 2010 budget could not be approved if Council finds itself in what is referred to as a "Lame Duck" position after Nomination Day (s.275, Municipal Act). On motion by Councillor B. Vrbanovic, Seconded by Councillor J. Smola, Clause 5 of the Finance and Corporate Services Committee report dealing with grant approvals under the LEAF program, review of criteria and policy issues, and deferral of the local YMCA and CREW applications pending the review, was brought forward for consideration; as amended, to provide that the timing for the report under paragraph 4 of the motion be changed so that the report is brought forward for consideration to the August 23, 2010 Finance and Corporate Services Committee meeting. Councillor K. Galloway advised that she would like to see the amount suggested by the delegation of $275,000. approved for the CREW application at this time to allow the project to move forward. She commented that this proposal meets the LEAF criteria, is innovative and allows participating faith groups to leverage funding from the Ontario Power Authority. Councillor J. Gazzola raised concerns regarding the application by the Community Services Department in partnership with the Westmount Neighbourhood Association and the Friends of Laurentian Wetlands, which is receiving one of the largest grant amounts. Mr. J. Willmer, Interim General Manager, Development and Technical Services Department, advised that Community Services' staff is partnering with these groups to facilitate development of master planning for two pilot projects to create sustainable management plans for street trees and a natural area. Councillor Gazzola suggested that this is already a mandate of Community Services staff. Mr. Willmer did not disagree; however, in this instance there is no business plan or budgeted funds and the community groups have approached the City to do the work under guidance of staff in the planning process. He added that without the grant funding there is no capacity to undertake the study. Mayor C. Zehr requested clarification as to how the Steering Committee evaluates the applications. Mr. Willmer advised that two citizen advisors have been appointed to the Committee and are actively involved in the decision making process. He added that it is the two groups that are benefiting from this funding initiative. Councillor Gazzola raised concerns with respect to the handling of the application by the Friends of Hidden Valley, who have applied twice and been turned down each time. He commented that they have also attempted to work with City staff without success yet in other circumstances the exact opposite is the case. He stated that he would not support approval of the applications recommended for funding and in respect to loans, he could support investigating the matter but would not support the City entering into a banking business. He added that it was his opinion the CREW application, while a good initiative was beyond the local mandate and they should pursue funding from senior levels of government. Councillor B. Vrbanovic commented that Council had approved the structure of the Steering Committee, including the two citizen advisors, and noted that the report provided to Committee stated COUNCIL MINUTES MAY 3, 2010 - 114 - CITY OF KITCHENER that each decision was reached by consensus with no need to canvass for a majority. He expressed concerns with Councillor K. Galloway's proposal to grant funds to CREW at this time outside of a comprehensive review of the issues to be investigated, suggesting that it may set an undesired precedent for future proposals. In regard to Hidden Valley, Councillor Vrbanovic stated that the whole of Council recognizes the importance of preserving the lands; however, the application is premature at this time as it is affected by planning processes for the River Road extension, which requires resolution prior to any action being taken to pursue purchase of Hidden Valley lands. Councillor J. Gazzola commented that the Hidden Valley group is seeking an indication that the City has a committed interest in preserving the lands. Mayor C. Zehr pointed out that the application does not represent a matter of principle but rather an expenditure of funding and Council has stated in principle on many occasions its desire to maintain the integrity of the Hidden Valley lands. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Clause 5 of the Finance and Corporate Services Committee report of this date, as amended, be adopted." Voted on in 4 separate parts by recorded votes Paragraph 1 -Carried. In favour -Mayor C. Zehr and Councillors J. Smola, K. Galloway, B. Vrbanovic and C. Weylie Contra -Councillor J. Gazzola Absent -Councillor G. Lorentz Paragraphs 2 and 3 - Carried Unanimously by all members present. Paragraph 4 -Carried. In favour - Mayor C. Zehr and Councillors J. Gazzola, J. Smola, B. Vrbanovic and C. Weylie. Contra -Councillor K. Galloway Absent -Councillor G. Lorentz Motion Carried. Mr. L. Gordon, Chief Purchasing Officer, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Mr. Gordon circulated this date Finance and Corporate Services Department report FIN-10-070, concerning pre-qualification of General Contractors and Electrical and Mechanical Sub-Contractors for the Bridgeport Community Centre renovations and requested Council's consideration. Councillor J. Gazzola inquired as to the budget estimate for Tender T10-044 (Database Servers). Mr. T. Speck, General Manager, Corporate Services, advised that the budget estimate was approximately $160,000. and the tendered price was slightly lower at $152,000. Staff was requested to include budget estimates in future reports. Moved by Councillor J. Gazzola Seconded by Councillor J. Smola "That Tender T09-108, Rotary Gas Meters, be awarded to D.I. Canada Inc., Milton, Ontario at their tendered price of $113,305., plus G.S.T. of $5,665.25, and P.S.T. of $9,064.40, for a total of $128,034.65, with an option to renew for four (4) additional twelve (12) month terms, subject to mutual agreement." - and - COUNCIL MINUTES MAY 3, 2010 - 115 - CITY OF KITCHENER "That Tender T09-117, Domestic Water Meters, Parts & Related Services, be awarded to Elster Canadian Meter Company Inc., Burlington, Ontario, at their corrected tendered price of $426,949.15, plus G.S.T. of $21,347.46 and P.S.T. of $34,155.93 for an annual estimated total of $482,452.54, with an option to renew for four (4) additional twelve (12) month terms, subject to mutual agreement." - and - "That Tender T10-044, Two (2) Database Servers, be awarded to Parameter Driven Solutions, Markham, Ontario at their tendered price of $134,833.16, plus G.S.T. of $6,741.66 and P.S.T of $10,786.65, for a total of $152,361.47." - and - "That a request from the Facilities Management Division be approved to proceed with prequalification processes to select a minimum of eight (8) General Contractors, six (6) Electrical Subcontractors and six (6) Mechanical Subcontractors to be used for the renovations to the Bridgeport Community Centre." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Voted on clause by clause. Clause 3 -Dealt with under Delegations and Carried Unanimously by all members present. Balance of report -Carried. Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic "That the report of the Community Services Committee be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee be adopted." At the request of Councillor J. Gazzola, it was agreed to amend Clause 4 of the report, dealing with a Provincial grant agreement for funding to the Kitchener Market, to provide that staff report to a future Finance and Corporate Services Committee meeting as to how the project was managed and the objectives met. The Finance and Corporate Services Committee report was then voted on clause by clause. Clause 4 -Carried, as Amended. Clause 5 -Dealt with under Delegations and Carried, as Amended, on a recorded vote. Balance of report -Carried. Councillor J. Gazzola referred to an issue he had previously raised regarding garbage bags at curb side on King Street, questioning if the new units are not working as expected. Mr. R. Regier, Executive Director, Economic Development advised that in some instances containers are not able to hold the volumes of cardboard waste and in others, the business owner is not utilizing the units properly. Mr. Regier acknowledged that there is some operational issues and gave assurances that COUNCIL MINUTES MAY 3, 2010 - 116 - CITY OF KITCHENER staff is working with the Kitchener Downtown Business Improvement Association and City Operations toward a resolution. Councillor J. Gazzola advised that he has received complaints concerning the proliferation of dandelions and the lack of action taken by some residents to address this issue on their private property. He questioned if the City has any means to address this matter. Mr. S. Turner, Director of By-law Enforcement advised that dandelions are not classified as a noxious weed under the Weed Control Act and would only be dealt with under the City's by-law if they reach a height in excess of 8". Mayor C. Zehr inquired how the City is handling weeds on City property. Mr. K. Baulk, Director of Enterprises advised that pesticide regulations do not permit the City to undertake aggressive handling of weeds; however, he would follow-up with Operations to investigate means to mitigate proliferation on City property. Council agreed to the request of Mr. R. Gosse, City Clerk, to add three additional by-laws for three readings this date, including: a by-law to provide for Advance Voting during the 2010 municipal election and a by-law to provide for reduced voting hours in Long Term Care Facilities, both relative to Clause 6 of the Finance and Corporate Services Committee report; and a Development Charge amending by-law (Cemeteries), relative to Clause 8 of the Finance and Corporate Services Committee report. Moved by Councillor J. Smola Seconded by Councillor K. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to set and levy the rates of taxation for City purposes for the year 2010 and to provide for the payment of taxes after interim taxes. (b) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (c) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (d) To confirm all actions and proceedings of the Council. (e) Being a by-law to provide for Advance Votes to be held prior to voting Day. (f) Being a by-law to provide for reduced opening hours on Voting Day for Institutions and Retirement Homes. (g) Being a by-law to amend By-law 2009-091 regarding Development Charges. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. COUNCIL MINUTES MAY 3, 2010 - 117 - CITY OF KITCHENER Council subsequently gave first and second reading to a by-law relative to Item B.8 of the Committee of the Whole, (shown as Item h] below), to amend c.711 of the Municipal Code (Burning -Fires - Open Air). Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the by-laws be given third reading, namely: (a) Being a by-law to set and levy the rates of taxation for City purposes for the year 2010 and to provide for the payment of taxes after interim taxes. (By-law No. 2010-080) (b) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2010-081) (c) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2010-082) (d) To confirm all actions and proceedings of the Council. (By-law No. 2010-083) (e) Being a by-law to provide for Advance Votes to be held prior to voting Day. (By-law No. 2010-084) (f) Being a by-law to provide for reduced opening hours on Voting Day for Institutions and Retirement Homes. (By-law No. 2010-085) (g) Being a by-law to amend By-law 2009-091 regarding Development Charges. (By-law No. 2010-086) (h) Being a by-law to amend Chapter 711 of the City of Kitchener Municipal Code with respect to (Burning -Fires -Open Air). (By-law No. 2010-087) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:50 p. m. MAYOR CLERK COUNCIL MINUTES MAY 3, 2010 - 118 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That City of Kitchener and its contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the Park Street Reconstruction project in the City of Kitchener; between the hours of 7:00 p. m. and 7:00 a. m. for the period April 6, 2010 to July 13, 2010. 2. That the Grand River Conservation Authority (GRCA) carry out the Long Term Annual Monitoring Program in accordance with the approved Upper Blair Creek Functional Drainage Study, prepared by Stantec Consulting Ltd., dated March 2009, in the amount $522,000.00. 3. WHEREAS Canadians are increasingly concerned about the impacts of global climate change, and calling on their governments at all levels to take leadership on this issue by implementing comprehensive and lasting strategies to mitigate climate change and reduce emissions; and, WHEREAS the Federal government unexpectedly announced that it was cancelling new participation in the "ecoENERGY Retrofit -Homes service", with local estimates indicating that participants in Waterloo Region have: retrofitted over 4,000 homes for energy efficiency; reduced 10,000 tonnes of CO2 annually; saved over $2M on their energy bills; received combined Federal and Provincial incentives of over $6M; and, stimulated the local economy by over $20M by retrofitting their homes; THEREFORE BE IT RESOLVED that the City of Kitchener urge the Federal government to immediately restore funding for this highly successful program so that additional gains can be made in the CO2 reductions already achieved; and, BE IT FURTHER RESOLVED that this motion be circulated to the Prime Minister, the Ministers of Finance, Natural Resources, and the Environment, local Members of Parliament, as well as the Federation of Canadian Municipalities for consideration as a resolution of its own; and, BE IT FINALLY RESOLVED that the Premier of Ontario, the Ontario Ministers of Energy and Infrastructure, and the Environment, as well as local Members of Provincial Parliament, be urged to maintain Provincial funding and incentives to assist in the continuation of this valuable initiative. (Dealt with under Delegations and Carried Unanimously by all members present) COMMUNITY SERVICES COMMITTEE - That the commission and installation of a sculpture by Gordon Wright, at the Kingsdale Community Centre, as described in Community Services Department report CSD-10-025, be approved; and further, That the Mayor and City Clerk be authorised to sign an agreement with Gordon Wright, satisfactory to the City Solicitor, detailing the obligations of the public art commission. That the map attached to Community Services Department report CSD-10-022 and the corresponding leaf collection schedule be approved as the 2010 Loose Leaf Collection program; and further, That Chapter 635 (Garbage) be amended to reflect the new areas where loose leaf collection is permitted. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the City of Kitchener has no objection to a liquor licence being issued to Our Lady of Fatima Festival Committee for an event to be held September 4 & 5, 2010 at 1548 Fischer- Hallman Road, Kitchener, provided a building permit is obtained for the erection of any tents; and further, COUNCIL MINUTES MAY 3, 2010 - 119 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 1. (Cont'd) That the event be declared a "Community Festival" for the purpose of applying for a liquor licence, since this is a traditional Portuguese celebration of their heritage that promotes unity and understanding within our community. 2. That the request of Extend-A Family Waterloo Region to sell merchandise in Victoria Park on May 30, 2010, be approved, provided the necessary licence is obtained. 3. That the request of Marillac Place and the Knights of Columbus to sell refreshments in Victoria Park on May 9, 2010, be approved, provided the necessary licence is obtained, including Health and Fire approvals. 4. That the Mayor and Clerk be authorized to execute a grant agreement with Foodlink Waterloo Region Inc., and the Ontario Ministry of Agriculture, Food & Rural Affairs, for the provision of a $45,000 grant from the Ministry to the Kitchener Market for the "Reinventing the Kitchener Market" project, such grant agreement to be subject to the satisfaction of the City Solicitor; and further, That Market staff report to a future Finance and Corporate Services Committee meeting on completion of the Market project as to how the project was managed and the objectives met. (Carried, as Amended) That the Local Environmental Action Fund (LEAF) grant applications recommended for funding by the LEAF Steering Committee be approved, as outlined in Development and Technical Services Department report DTS-10- 083; and, That the issues which have emerged regarding the evaluation of applications to LEAF and grant administration in the first two years (2009 and 2010), as outlined in report DTS-10-083, as well as consideration of a marketing plan to actively pursue donations and/or leveraging of other funding sources to LEAF, be addressed in a staff report to be considered by the Finance and Corporate Services Committee prior to applications being made and evaluated in the 2011 round of applications; and, That an update be provided to the Finance and Corporate Services Committee in September or October 2010 on the projects and programs funded by LEAF to date; and further, That staff be directed to investigate the feasibility of providing for the issuance of loans under the City's LEAF program to worthwhile projects and programs that meet LEAF criteria; and that final disposition of the 2010 LEAF applications submitted by the local YMCA and Community Renewable Energy Waterloo (CREW) be deferred, pending any recommendation as to the outcome of the investigation which is to be brought forward for consideration to the August 23, 2010 Finance and Corporate Services Committee meeting. (Dealt with under Delegations and Carried, as Amended, on a recorded vote) That pursuant to Subsection 43 (1) of the Municipal Elections Act, advance voting be held at the locations shown as Appendix 'A' attached to Corporate Services Department report CRPS- 10-049 on the following dates and times: Tuesday October 12, 2010 2 p.m. - 8 p.m. Wednesday October 13, 2010 2 p.m. - 8 p.m. Thursday October 14, 2010 4 p.m. - 8 p.m. Saturday, October 16, 2010 10 a.m. - 4 p.m.; and further, COUNCIL MINUTES MAY 3, 2010 - 120 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 6. (Cont'd) That pursuant to Subsection 46 (3) of the Municipal Elections Act, the hours for voting on voting day at the Institutions -Retirement Homes shown as Appendix 'B' attached to Corporate Services Department report CRPS-10-049, be reduced to four hours. 7. That the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale, with David Lesley Monk and Cody Bruce Gilbertson, to acquire Part 2 on Reference Plan 58R- 16772 at an upset cost of $9,000.00, to facilitate the road reconstruction on Spadina Avenue; said agreement to be satisfactory to the City Solicitor. 8. That the increase in the need for cemetery services attributable to anticipated development in the City of Kitchener be met, subject to sufficient development charge revenues being generated and other City affordability criteria being met; and, That the Development Charges Amendment Background Study dated March 4, 2010 and the cemetery capital forecast prepared in conjunction with the Study in accordance with Section 10 of the Development Charges Act, 1997, be adopted; and, That future excess capacity identified in the Development Charges Amendment Background Study, dated March 4, 2010, be paid for by development charges or other similar charges; and further, That the proposed Development Charge By-law Amendment, be approved, in the form attached to Financial Services Department report FIN-10-075. 9. That the Human Resources -Pandemic Planning Policy 1, as attached to Chief Administrator's Office report CAO-10-013, be approved for use in the City of Kitchener's Pandemic Plan. 10. That the Waterloo Region Graffiti Strategy update, as attached to Corporate Services Department report CRPS-10-044, be received for information; and further, That a by-law be enacted to regulate the placing of graffiti and the removal of graffiti from property, as outlined in report CRPS-10-044. 11. That an extension of the original purchase order to The Walter Fedy Partnership in the amount of $11,849.31, be approved to cover additional contract administration costs related to the Lennox Lewis Way (Hanson Avenue Extension) new roadway construction project. COUNCIL MINUTES MAY 3, 2010 - 121 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS - 1. Various Tenders Dealt with under Delegations. 2. FIN-10-079 -Applications for Cancellation, Refund, Reduction or Levy of Taxes Council considered Financial Services Department report FIN-10-079 (J. Evans), dated April 23, 2010. Councillor J. Gazzola requested clarification of those items marked as "clerical" errors. Ms. J. Evans, Director of Revenue, advised that these relate to properties incorrectly assessed as residential lands instead of as vacant lands. Councillor Gazzola also requested clarification of properties for which the assessment status is changing from taxable to exempt. Ms. Evans advised that these relate to properties purchased by the City of Kitchener and as lands now under municipal ownership they become tax exempt. It was resolved: "That the applications for cancellation, reduction, refund or levy of taxes totaling $140,434.94, as attached to Financial Services Department report FIN-10-079, be approved, pursuant to Section 357 of the Municipal Act." 3. CRPS-10-054 -Dog Designation Appeal Committee -Appeal of Terry Clark Council considered Corporate Services Department report CRPS-10-054 (Dog Designation Appeal Committee), dated April 22, 2010. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Terry Clark, wherein the Committee rescinds the Dangerous Dog Designation assigned to his dog 'Heidi' by the Kitchener-Waterloo and North Waterloo Humane Society, be ratified and confirmed." 4. CRPS-10-055 -Dog Designation Appeal Committee -Appeal of Brent Lavallee Council considered Corporate Services Department report CRPS-10-055 (Dog Designation Appeal Committee), dated April 22, 2010. Councillor J. Smola advised that the appellant recently retained a Solicitor, who has requested that the decision of the Dog Designation Appeal Committee be deferred to allow an opportunity for his review of the issues related to this matter. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Brent Lavallee, wherein the Committee affirms the Dangerous Dog Designation assigned to his dog 'Rocky' by the Kitchener-Waterloo and North Waterloo Humane Society and assigns modified conditions for the keeping of said dog, be deferred to the May 17 Council meeting to allow review of the matter by the Solicitor retained by the appellant." COUNCIL MINUTES MAY 3, 2010 - 122 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. CRPS-10-058 -Request for 2010 Downtown Sidewalk Patio - 312 King Street West Council considered Corporate Services Department report CRPS-10-058 (J. Sheryer), dated April 27, 2010. It was resolved: "That subject to obtaining all necessary staff approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of 1725194 Ontario Limited o/a Dallas located at 312 King Street West for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2010 or such later date as approved by the Director of Operations." 6. Request to Amend Tag Day Approval Council recently authorized the K-W Branch of the Navy League of Canada to conduct Tag Days during the month of April. The Tag Day Co-ordinator has since advised that they have been unable to make appropriate arrangements for the dates as approved and are now requesting permission to re-schedule their Tag Days to May 8-9, 2010. It was resolved: "That the resolution adopted by Council on February 22, 2010 approving the request from the Navy League of Canada to hold Tag Days on April 10 & 11, be amended by changing the dates to May 8 & 9, 2010." 7. Renaming of the Kitchener Census Metropolitan Area (CMA) Council considered a letter from S. Natolochny, Council /Committee Support Specialist, Regional Municipality of Waterloo, dated February 4, 2010, with an attached staff report P-10-008 concerning the potential renaming of the Kitchener Census Metropolitan Area (CMA). It was resolved: "That the City of Kitchener endorse the renaming of the 'Kitchener Census Metropolitan Area' to the 'Kitchener-Cambridge-Waterloo Census Metropolitan Area', as recently permitted by Statistics Canada." 8. CRPS-10-059 -Amendment to Chapter 711 (Open Air Burning) -Municipal Code Council considered Corporate Services Department report CRPS-10-059 (S. Turner), dated April 28, 2010. Councillor J. Gazzola requested clarification of the intent of the amendments. Mr. S. Turner, Director of By-law Enforcement, advised that housekeeping amendments are proposed to clarify the wording in offence provisions, particularly as it relates to the prescribed hours of the day during which backyard fires are permitted and/or prohibited; and to add a powers of entry provision to allow Enforcement staff to enter on to private property where circumstances warrant and in accordance with legislation as set out in the Municipal Act. Mr. Turner advised that backyard fires will still be permitted subject to certain conditions as the fundamental basis of the by-law is not changing; however, he pointed out that the by-law provides for action to be taken by Enforcement staff, regardless of the time or day, in the event a backyard fire is deemed a nuisance to the enjoyment of neighbouring properties. COUNCIL MINUTES MAY 3, 2010 - 123 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 8. CRPS-10-059 -Amendment to Chapter 711 (Open Air Burning) -Municipal Code (Cont'd) It was resolved: "That a by-law be enacted to amend Chapter 711 (Burning-Fires-Open Air) of the City of Kitchener Municipal Code with regard to housekeeping amendments and powers of entry onto private property, as outlined in Corporate Services Department report CRPS- 10-059; and further, That a by-law in the form attached to Corporate Services Department report CRPS-10- 059, to amend Chapter 711 be taken as read a first and second time and be recommended for enactment." 9. CRPS-10-056 -Request to Declare Surplus Lands -Habitat For Humanity Council considered Corporate Services Department report CRPS-10-056 (L. MacDonald), dated April 26, 2010. It was resolved: "That the parcel of land described as Part of Howe Drive, Registered Plan 1240 (closed by By-law 7034, Instrument Number 437120) being Part 1 on Reference Plan 58R- 16774 be declared surplus to the City's needs and conveyed to Habitat for Humanity Waterloo Region Inc.; and, That the one foot reserve described as Part Lot 48, German Company Tract and Part Lot K, Plan 794 being Part 6 on Reference Plan 58R-620 be declared surplus to the City's needs and conveyed to The Regional Municipality of Waterloo as part of Westmount Road East; and further, That the Mayor and Clerk be authorized to execute any documentation in this regard required by and to the satisfaction of the City Solicitor."