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HomeMy WebLinkAbout2011-05-02FINANCE AND CORPORATE SERVICES COMMITTEE MAY 2, 2011 CITY OF KITCHENER The Finance and Corporate Services Committee met this date commencing at 1:27 p.m. Present: Councillor J. Gazzola - Chair Mayor C. Zehr and Councillors S. Davey, B. Vrbanovic, Y. Fernandes, K. Galloway, P. Singh, B. Ioannidis, Z. Janecki, F. Etherington and D. Glenn-Graham. Staff: C. Ladd, Chief Administrative Officer D. Chapman, Deputy CAO, Finance & Corporate Services J. Willmer, Deputy CAO, Community Services P. Houston, Deputy CAO, Infrastructure Services J. Evans, Director of Revenue R. Gosse, Director, Legislated Services & City Clerk S. Adams, Director, Community & Corporate Planning S. Turner, Director, By-law Enforcement G. Murphy, Director of Engineering J. Sheryer, Assistant City Solicitor P. Harris, Manager of Licensing J. Chatterjee, Junior Financial Analyst J. Billett, Committee Administrator FCS-11-095 - REQUEST TO SELL REFRESHMENTS 1. - CHERRY PARK NEIGHBOURHOOD ASSOCIATION - 84 STRANGE STREET - JULY 9, 2011 The Committee considered Finance and Corporate Services Department report FCS-11-095, dated April 26, 2011 concerning a request to sell refreshments and saleable items in Cherry Park; as well as, a request for a noise exemption in conjunction with this event. On motion by Councillor D. Glenn-Graham - it was resolved: “That the request of the Cherry Park Neighbourhood Association to sell refreshments and arts and crafts at Cherry Park, 84 Strange Street on July 9, 2011 be approved, provided the necessary licence, including Health approval is obtained; and further, That the Cherry Park Neighbourhood Association be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event at 84 Strange Street on July 9, 2011 from 11 a.m. to 6 p.m.” FCS-11-096 - REQUEST TO HOLD A SUMMER FUN DAY AT CHANDLER MOWAT 2. COMMUNITY CENTRE - 222 CHANDLER DRIVE - JUNE 25, 2011 The Committee considered Finance and Corporate Services Department report FCS-11-096, dated April 21, 2011 concerning a request to hold a special event on City property. On motion by Councillor D. Glenn-Graham - it was resolved: “That the request of Chandler Mowat Neighbourhood Association to hold a barbecue and garage sale at Chandler Mowat Community Centre, 222 Chandler Drive on June 25, 2011 be approved, provided the necessary licence, including Health approval, is obtained.” FCS-11-097 - REQUEST BY HOLY TRINITY SERBIAN ORTHODOX CHURCH TO HOLD A 3. SPECIAL EVENT - AUGUST 28, 2011 The Committee considered Finance and Corporate Services Department report FCS-11-097, dated April 21, 2011 concerning a request to hold a special event at 700 Fischer-Hallman Road; as well as, granting a noise exemption and application of a liquor licence associated with this event. On motion by Councillor D. Glenn-Graham - it was resolved: FINANCE AND CORPORATE SERVICES COMMITTEE MAY 2, 2011 - 100 - CITY OF KITCHENER FCS-11-097 - REQUEST BY HOLY TRINITY SERBIAN ORTHODOX CHURCH TO HOLD A 3. SPECIAL EVENT - AUGUST 28, 2011 (CONT’D) “That the Holy Trinity Serbian Orthodox Church be approved to operate a special event at Holy Trinity Serbian Orthodox Church, 700 Fischer-Hallman Road, Kitchener on August 28, 2011 from 12:00 p.m. to 10:00 p.m. provided the necessary licence, including Health and Fire approvals is obtained; and, That the Holy Trinity Serbian Orthodox Church be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event at 700 Fischer- Hallman Road, Kitchener on August 28 from 2:00 p.m. to 10:00 p.m.; and further, That the City of Kitchener has no objection to a liquor licence being issued to the Holy Trinity Serbian Orthodox Church for an event on August 28, 2011.” FCS-11-093 - TEMPORARY ACCOUNTING ANALYST POSITION 4. The Committee considered Finance and Corporate Services Department report FCS-11-093, dated April 19, 2011 concerning the filling of a vacant Accounting Analyst position for a 12 month period. The preferred candidate has requested that the employment contract be made directly with their incorporated business entity, which requires Council approval. Councillor Y. Fernandes requested clarification as to the duties and qualifications required for the position. Mr. D. Chapman provided key responsibilities of the position and educational requirements, advising that details of the position were included in the posted Job Description. He added that the position as originally posted required a Certified Management Accountant (CMA) designation; however, because the position is temporary the City experienced difficulty in recruiting a suitable candidate. The vacancy was subsequently re-posted without the CMA designation and the position downgraded accordingly. Councillor Fernandes suggested that $75,000 was too high a cost in comparison to industry standards of $45,000 to $50,000 for a similar position and questioned if the amount includes fringe benefits. Mr. Chapman advised that a fringe benefit rate of approximately 28% is included in the $75,000 cost of the contract, and when separated out brings the salary to within the industry range. Councillor Fernandes questioned if temporary agencies, such as the Robert Half Finance and Accounting firm, had been contacted and Mr. Chapman advised that the process of hiring through such an agency would cost substantially more over the 12 month period than the proposed contract as negotiated by the City. Councillor Z. Janecki questioned the impact of not approving the proposed contract. Mr. Chapman advised that there would be significant implications as this position is heavily involved in daily accounting functions, including accounts payable and revenue collection. Ms. C. Ladd clarified that Council is not being asked to approve the position as the position already exists, but rather the matter has come forward because the individual has requested to be billed through an incorporated business rather than paid directly. Mr. Chapman added that the position is included in the Department’s operating budget and is vacant because the incumbent has been temporarily transferred to another position; and in this instance is being backfilled similar to that of a maternity leave. He stated that this matter has only come forward because staff cannot issue a purchase order for purchase of services without Council approval; whereas, under normal practice the preferred candidate as hired would automatically be added to the payroll. Mayor C. Zehr added that save and except the issue pertaining to contracting with an incorporated business, the hiring is entirely a management responsibility. Councillor J. Gazzola questioned if the proposal is precedent setting. Mr. Chapman advised that this is not a precedent as a similar approach has been used in the past on several occasions and he pointed out that there is no negative financial impact to the City under terms of this contract. Councillor Gazzola inquired if fringe benefits could be negotiated at a reduced rate. Mr. Chapman clarified that the individual is responsible for sourcing their own benefits and paying the associated costs; reiterating that the City is not giving anything over and above normal practice to the candidate and there is no adverse financial effect to the City under the proposed contract. FINANCE AND CORPORATE SERVICES COMMITTEE MAY 2, 2011 - 101 - CITY OF KITCHENER FCS-11-093 - TEMPORARY ACCOUNTING ANALYST POSITION (CONT’D) 4. Carried The following motion was voted on by a recorded vote and , with Mayor C. Zehr and Councillors D. Glenn-Graham, B. Ioannidis, Z. Janecki, K. Galloway, S. Davey, B. Vrbanovic, F. Etherington and P. Singh voting in favour; and Councillors Y. Fernandes and J. Gazzola voting in opposition. On motion by Councillor D. Glenn-Graham - it was resolved: “That staff be authorized to retain the services of Safe Living Technologies Inc. to staff the vacant Accounting Analyst position for a twelve-month period; and further, That the Director of Supply Services be authorized to execute a contract satisfactory to the City Solicitor with Safe Living Technologies Inc. for the purpose of staffing the vacant Accounting Analyst position for a twelve month period.” FCS-11-092 - DELEGATION OF AUTHORITY - LICENSING 5. The Committee considered Finance and Corporate Services Department report FCS-11-092, dated April 18, 2011 requesting delegation of authority to the Manager of Licensing in 5 key areas to provide for a more efficient process for issuance of certain types of licences to the benefit of customer service and to provide more effective use of Committee meeting time. Ms. P. Harris reviewed the 5 key areas proposed for delegated authority, including: events on City property that require a licence to operate a refreshment place under c.584.2.4 of the Municipal Code; ‘Community Festivals’ as defined under the Liquor Licensing Act; stationary refreshment vehicles requiring a licence under c.586.2.11 of the Municipal Code as it relates to the distance separation from a Place of Refreshment or other stationary refreshment vehicle; lottery licensing under Chapter 554 of the Municipal Code; and, execution of temporary sidewalk encroachment agreements. Ms. Harris advised that the delegated authority is requested primarily for the purpose of improving customer service, as well as, to provide a savings in time for Council to address more pressing matters at Committee meetings. Councillor Y. Fernandes expressed concerns with approving the requested delegated authority based on existing instances of delegated authority for site plan and heritage approvals, wherein staff has been given authority to decide on projects of a size that would have significant impact to the Community. She suggested that the more delegated authority given to staff the more Council’s role and responsibilities is eroded, and expressed a desire to review policy around provision of delegated authority. Mr. R. Gosse advised that the Municipal Act provides Council with authority to delegate municipal powers and duties considered minor in nature to staff and suggested that the requested delegated authority to the Manager of Licensing does not have the same impact as the examples referenced under planning and heritage matters. He stated that in this instance a routine application is submitted, reviewed and a decision made on the basis of specified criteria and the applicant at all times retains the right to appeal a decision of the Manager of Licensing to Council. He added that as the City Clerk, he would act in the absence of the Manager of Licensing and would also be available to the Manager for consultation on applications as needed. Councillor B. Vrbanovic spoke in support of the request commenting that the specified items are straight forward and administrative in nature and as such, Council does not need to be involved in these routine matters given the City has professional and capable staff to deal with them. Mr. D. Chapman added that currently it can take up to one month for a routine application to obtain Council approval; whereas, under the delegated authority the turn around time could be reduced to within 24 hours which is a substantial improvement to customer service. Mayor C. Zehr also noted that in streamlining the process it will serve to alleviate complaints of too much bureaucracy. In response to Councillor F. Etherington, Mr. S. Turner confirmed that a report will still come forward to Council in instances where an application also requests a noise exemption and will include past history of the subject event as it relates to noise issues. FINANCE AND CORPORATE SERVICES COMMITTEE MAY 2, 2011 - 102 - CITY OF KITCHENER FCS-11-092 - DELEGATION OF AUTHORITY - LICENSING (CONT’D) 5. Councillor J. Gazzola commented that the relevant reports serve as a means of awareness to Council as to events taking place within the community and their respective Wards which he suggested would be lost by eliminating Council approval. Mayor C. Zehr suggested, and it was agreed, that staff be directed to provide information to Council at regular intervals as to community events or other matters subject to the delegated authority that may be of public interest or helpful to the Ward Councillor. On motion by Mayor C. Zehr - it was resolved: “That the approval authority for all business licences required on City property be delegated to the Manager of Licensing and Policy Number I-925 (Not for Profit Refreshment Stands) be repealed; and, That liquor licensing approvals such as “Community Festivals” be delegated to the Manager of Licensing; and, That Chapter 586 (Refreshment Vehicles) of the City of Kitchener Municipal Code be amended to allow the Manager of Licensing to issue a stationary refreshment vehicle licence if within the 200 metre distance separation, provided no objections have been received; and, That Policy Number I-865 (Lottery Application Approval) be repealed; and further, That the Manager of Licensing be delegated authority to approve short-term encroachments allowing the use of City property in connection with a business and to execute agreements therefore, provided such agreements are satisfactory to the City Solicitor.” Following conclusion of the meeting agenda this date, Councillor Fernandes questioned how to bring about a review of the process and policies governing delegation of authority to staff. Councillor B. Vrbanovic pointed out that there are numerous types of delegated authority already in place throughout the Corporation which would make a full review by staff quite onerous and suggested that if there is a specific concern, Councillor Fernandes provide more detail to Council prior to a decision being made to proceed with a review. Councillor Fernandes agreed to provide Council with additional details of her concerns related to requests for delegated authority in consideration of a review. FCS-11-099 - QUARTERLY STORM WATER BILLING FOR CONDOMINIUMS AND 6. RESIDENTIAL PROPERTIES WITH STORM WATER UTILITY ONLY The Committee considered Finance and Corporate Services Department information report FCS-11-099, dated April 27, 2011 concerning a proposal for quarterly billing to condominium property owners and ‘other’ residential property owners who do not normally receive billing from Kitchener Utilities but who are now receiving monthly billing for Storm Water Management (SWM) rates. Ms. J. Evans advised that at the request of Council, the feasibility of a staggered billing practice was reviewed for those properties with no other Kitchener Utility services other than applicable SWM rates. It is now proposed to bill affected properties quarterly with the first quarterly billing to be mailed in October, covering the months of July, August and September. Councillor K. Galloway inquired if rural properties subject to the same circumstance are included. Ms. Evans advised that the majority of ‘other’ residential properties are rural and these are to be included in the quarterly billing process. Councillor Z. Janecki questioned what constitutes a condominium in this instance. Ms. Evans advised that it would encompass all types of condominiums as defined by governing legislation and currently the City has approximately 3,300 condominiums of which those units receiving bills only for SWM rates are FINANCE AND CORPORATE SERVICES COMMITTEE MAY 2, 2011 - 103 - CITY OF KITCHENER FCS-11-099 - QUARTERLY STORM WATER BILLING FOR CONDOMINIUMS AND 6. RESIDENTIAL PROPERTIES WITH STORM WATER UTILITY ONLY (CONT’D) proposed to be billed quarterly. Councillor P. Singh questioned if tenants in rental units who pay for their utilities are included. Ms. Evans explained that responsibility for payment of utilities falls to the rental property owner once a unit becomes vacant and given high turnover in rental units, it would be difficult to manage as billing would constantly be changing from quarterly for a tenant to monthly for the property owner. Mr. D. Chapman added that billing is tied to the account, not the service and where the owner of the rental property receives monthly billing for gas and water services, any SWM rates applicable to a vacant unit becomes their responsibility and therefore, must be included in the owner’s monthly bill. Councillor J. Gazzola questioned if consideration had been given to annual billing of affected properties and provision of a discount offered to those who opt to pay annually. Mr. D. Chapman advised that all discussion with affected property owners indicated a quarterly billing would be most appropriate. Councillor K. Galloway pointed out that while an annual fee applicable to condominium owners may be minimal, rural property owners pay a higher monthly fee and may have difficulty in paying 12 months in advance. FCS-11-083 - STIMULUS PROJECT UPDATE - MAY 2011 7. The Committee considered Finance and Corporate Services Department report FCS-11-083, dated April 27, 2011 which provides an update on the status of the City’s infrastructure stimulus projects and recommends that the Chief Administrative Officer (CAO) be authorized to sign a ‘Solemn Declaration Completion’ certificate for the Sportsworld project under the Recreation Infrastructure Canada Fund (RInC). Mr. D. Chapman highlighted certain projects to bring awareness to related issues, including: the Bridgeport Community Centre currently awaiting approval to extend the scope of the project to include a meeting room addition; Sewer and Watermain Rehabilitation projects also awaiting scope extension to allow unutilized contingency to be expended; and, the Sportsworld Arena upgrades for which staff is recommending the CAO be authorized to sign a ‘Solemn Declaration Completion’ certificate. Mr. Chapman explained that this project does not have a professional engineer or architect on the project team who would normally sign the certificate and under this scenario, the RInC Analyst has indicated the CAO or designated authority could sign the certificate on behalf of the City. Mr. Chapman also drew attention to completion events that have or are planned to take place at various project sites. Councillor Z. Janecki questioned the impact of not giving authority to the CAO to sign the certificate. Mr. Chapman advised that the City would be in non-compliance of the funding agreement for this project and accordingly, at risk of loosing the funding. Councillor Janecki questioned the feasibility of having the engineer or architect who drew the original drawings for the Arena sign the certificate. Mr. Chapman advised that such person must be able to attest to the construction process and not having been part of this particular project would not be in a position to do so. He added that the improvements made to the Arena included such things as installation of new flooring membrane, which did not require formal drawings. On motion by Mayor C. Zehr - it was resolved: “That the Chief Administrative Officer be authorized to sign the ‘Solemn Declaration Completion Certificate’ for the Recreation Infrastructure Canada Fund (RInC) - Sportsworld project to satisfy the City’s obligation stated under the RInC contribution agreement dated February 1, 2010.” REQUEST FOR INFORMATION 8. Councillor Y. Fernandes referred to a recent job posting for a ‘Species at Risk - Field Assistant’, questioning why the City would not be using the expertise of the Grand River Conservation Authority, Region of Waterloo and Ministry of Natural Resources; the details of the subject project; and the cost of hiring. FINANCE AND CORPORATE SERVICES COMMITTEE MAY 2, 2011 - 104 - CITY OF KITCHENER REQUEST FOR INFORMATION (CONT’D) 8. Ms. P. Houston advised that this relates to a Huron Natural Area project for which funding was approved by Council under the Local Environmental Action Fund (LEAF) and the employment contract is for a specified period of time to provide for completion of the project. Ms. Houston agreed to provide Councillor Fernandes with details of the project, including funding sources. Councillor Fernandes suggested that if this project involves unexpected funding not already included in the budget it should not go forward. Ms. C. Ladd clarified that all applications receiving funding under the LEAF program were submitted and approved by Council and full details of this particular project, including funding sources, is currently available in the LEAF application materials supplied to the Mayor’s Office. ADJOURNMENT 9. On motion, the meeting adjourned at 2:15 p.m. J. Billett Committee Administrator