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HomeMy WebLinkAbout2011-05-30FINANCE AND CORPORATE SERVICES COMMITTEE The Finance and Corporate Services Committee met this date commencing at 11:37 a. m. Present: Councillor J. Gazzola -Chair Mayor C. Zehr and Councillors S. Davey, B. Vrbanovic, Y. Fernandes, K. Galloway, P. Singh, B. loannidis, Z. Janecki, F. Etherington and D. Glenn-Graham. Staff: J. Evans, Acting Deputy CAO, Finance & Corporate Services J. Willmer, Deputy CAO, Community Services P. Houston, Deputy CAO, Infrastructure Services R. Gosse, Director, Legislated Services & City Clerk J. Sheryer, Assistant City Solicitor M . May, Interim Director, Human Resources S. Adams, Director, Community & Corporate Planning J. Chatterjee, Junior Financial Analyst J. Billett, Committee Administrator FCS-11-112 -SOCIAL GAMING EVENT - BETH JACOB CONGREGATION -SEPTEMBER 14, 2011 The Committee considered Finance and Corporate Services Department report FCS-11-112, dated May 16, 2011 regarding a request to conduct a social gaming event. On motion by Councillor B. loannidis - itwas resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Beth Jacob Congregation to conduct a social gaming event at the Beth Jacob Synagogue, 161 Stirling Avenue South, Kitchener, on September 14, 2011." FCS-11-113 -FAIR OR EXHIBITION GAMING EVENT LICENCE FOR KITCHENER- WATERLOO OKTOBERFEST The Committee considered Finance and Corporate Services Department report FCS-11-113, dated May 16, 2011 concerning issuance of a Provincial lottery licence for a special event. On motion by Councillor B. loannidis - it was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to Kitchener-Waterloo Oktoberfest to hold a Fair or Exhibition Gaming Event from October 7 to October 15, 2011 at Bingeman's Marshall Hall, 425 Bingeman's Centre Drive, Kitchener." FCS-11-115 -REQUEST FOR REDUCED FEE -JOSEPH SCHNEIDER HAUS - HEART AND HAND FESTIVAL -SEPTEMBER 24. 2011 The Committee considered Finance and Corporate Services Department report FCS-11-115, dated May 17, 2011 concerning a request for a reduced licence fee. On motion by Councillor B. loannidis - itwas resolved: "That the licence fee for the Heart and Hand Festival on September 24, 2011 taking place at the Joseph Schneider Haus be reduced to $46.10." FCS-11-110 -AUTHORIZATION TO EXECUTE SUBSTANTIAL COMPLETION CERTIFICATES FOR INFRASTRUCTURE STIMULUS PROJECTS The Committee considered Finance and Corporate Services Department report FCS-11-110, dated May 25, 2011 concerning execution of completion certificates for Infrastructure Stimulus Projects. FINANCE AND CORPORATE SERVICES COMMITTEE MAY 30. 2011 - 106 - CITY OF KITCHENER 4. FCS-11-110 -AUTHORIZATION TO EXECUTE SUBSTANTIAL COMPLETION CERTIFICATES FOR INFRASTRUCTURE STIMULUS PROJECTS (CONT'D) On motion by Councillor B. loannidis - itwas resolved: "That the Chief Administrative Officer be authorized to sign the required Solemn Declaration of Substantial Completion certificates for the Infrastructure Stimulus Fund and Recreation Infrastructure Canada Fund projects." FCS-11-118 -INTEGRITY COMMISSIONER CONTRACT The Committee considered Finance and Corporate Services Department report FCS-11-118, dated May 20, 2011 concerning renewal of contract services for an Integrity Commissioner to undertake independent investigation of alleged breaches of the Code of Conduct for members of Council and local boards. Councillor Z. Janecki questioned the impact of not renewing the contract, noting that there has not been a need to make use of the service over the 2 year life of the existing contract. Mr. Gosse advised that instead of an investigation and decision by an independent body, responsibility would then rest with Council; in effect becoming aself-regulating body. Councillor K. Galloway questioned the feasibility of contracting service on an as needed basis. Mr. Gosse stated that while this approach could be taken, it would make it difficult to complete investigations in a timely manner because if not on retainer, time would have to be taken to find a capable, available individual and at a cost effective fee for service. Councillor B. Vrbanovic suggested that it would not be appropriate for Council to self-regulate and in terms of overall expenditures a $2,000 annual retainer is not negligible. He also disagreed with hiring on a case by case approach, expressing the opinion that the existing practice provides clarity of process for everyone. Councillor J. Gazzola questioned the feasibility of renewing the contract for the term of Council rather than on an annual basis. Mr. Gosse advised that Mr. Lavigne was willing to enter into contract for an extended period of time and it was suggested if approved, that the term expire on June 30, 2015 which would provide opportunity for the new Council of the day to consider and render a decision on any further renewal of the contract. The following motion was Carried Unanimously. On motion by Councillor B. Vrbanovic - itwas resolved: "That subject to the satisfaction of the City Solicitor, the contract with Greg Levine, GJ Levine Law Office, be renewed to provide that Mr. Levine will act as the City's Integrity Commissioner for an additional three and a half (3.5) year period ending June 30, 2015, based on an annual retainer of $2,000. and investigation fees of $150/hour plus expenses." FCS-11-120 - 2010 MUNICIPAL ELECTIONS REVIEW The Committee considered Finance and Corporate Services Department report FCS-11-120, dated May 19, 2011 which provides an overview of the municipal elections held October 25, 2010. Mr. R. Gosse provided an overview of new initiatives undertaken for the 2010 election, including: use of decentralized vote tabulators; digital Voters' List for "vote anywhere" process during advance voting at Community Centres; use of accessible vote tabulators during advance voting; and reduced hours of voting in Retirement Institutions. Problems were encountered with the Voters' List as received from the Municipal Property Assessment Corporation (MPAC), specifically in respect to certain apartment /condominium buildings being left off the list. City staff has an understanding as to the reasons this occurs which have been FINANCE AND CORPORATE SERVICES COMMITTEE MAY 30. 2011 - 107 - 6. FCS-11-120 - 2010 MUNICIPAL ELECTIONS REVIEW ICONT'D brought to the attention of MPAC and staff plan to follow up with MPAC later this year to ensure solutions as discussed have been implemented. Staff also encountered difficulties in finding alternate voting places due to the loss of traditional locations because they did not sufficiently meet accessibility standards. Limited choice for alternate locations resulted in some voting places not being up to usual standards and in some cases, parking was an issue. These locations have been noted and will not be used in future elections. Mr. Gosse also spoke to the recount held for candidates of Ward 9, commenting that the process served to validate the use of vote tabulators given the results reported on Election Day did not change at conclusion of either of the two recounts. The City's total cost for the recount process was approximately $9,000. Mr. Gosse advised that staff is already looking at improvements for the next election, which will include investigating alternate methods of voting such as touch screens and use of Internet voting. Councillor K. Galloway questioned the feasibility of expanding use of accessible tabulators beyond advance voting to include Election Day as well. Mr. Gosse responded that part of the reason for looking at alternative methods of voting is to improve upon accessible voting capabilities. He pointed out that it took up to 20 minutes for a person to conclude marking of a ballot using the units provided in 2010 and specialized training on the units is required for the persons overseeing the voting process. He suggested that it may be more feasible to pursue other technology such as touch screen voting that would be more user friendly and achieve the same goal. Councillor K. Galloway also raised concerns in regard to the Freedom of Information & Privacy Act as it relates to circulation of the Voters' List to candidates following advance voting which clearly indicates to the candidate the names of those who voted at an advance poll. Mr. R. Gosse advised that under regulations of the Municipal Elections Act he must provide the post-advance Voters' list to all candidates. Councillor K. Galloway suggested that the electorate should be made aware of this process as some may elect not to vote at an advance poll because they would not want the fact they had already voted to be known to others. Mr. Gosse advised that this was an issue originally brought to the attention of the Province by candidates who want to use the post-advance Voters' list as a tracking method to determine if those persons who indicated during their campaigning that they would vote for them have in fact voted or still need to be followed up with. Mayor C. Zehr commented on the issues encountered with the Voters' List expressing the hope that there is a course of action the City can take as well as MPAC to ensure there is some mechanism to flag new and/or converted rental properties throughout a given year. He also asked that consideration be given to implementing e-voting for 2014 and suggested an approach should be made to the Province to assist in provision of same for all municipalities. Councillor Y. Fernandes advised that she had received complaints from those with visual impairments during the voting process and asked that the City ensure those overseeing the voting locations in future are sensitive to the needs of persons with a disability. Councillor Fernandes suggested that exemptions to parking regulations be considered for certain locations, such as the Howard Robertson School where parking is limited and in respect to the recount, she suggested that the Province be lobbied to invoke proportional voting. Councillor F. Etherington noted a question raised by the Court in respect to the recount as to whether or not it could be proven that a voter was informed at the time of voting that they had over-voted and was given opportunity to mark a new ballot. He asked if steps are being considered for the next election that will provide proof that a voter was given opportunity to vote again. Mr. Gosse advised that this is being investigated for 2014 and may require a change in process, such as use of touch screens that would prompt a voter in the case of an over-vote to make a choice on-screen to either submit their ballot as is or reject the ballot in favour of receiving a new ballot. Councillor Etherington referred to page 6-4 of the report, and asked that the last sentence of the first paragraph be amended to reflect that it was the unelected candidate's costs that were covered. Councillor J. Gazzola questioned if Internet voting had been used in Ontario. Mr. Gosse advised that several cities have used Internet voting, citing an example of the Town of Markham. He advised that Markham had hired a company to do apost-election analysis and had provided the report results to other cities. In review of their 2010 report, Mr. Gosse FINANCE AND CORPORATE SERVICES COMMITTEE MAY 30. 2011 - 108 - 6. FCS-11-120 - 2010 MUNICIPAL ELECTIONS REVIEW ICONT'D advised that the numbers associated with Internet voting had dropped from 2006 with the margin of users at about 6%. He added that of the 6%, 4% represent users in an age group of 18-25; whereas, the majority of voters is in the age group of 45-55. Mr. Gosse stated that Internet is simply a method of voting and does not necessarily create engagement or give persons a reason to vote. He pointed out that in Markham while the number of eligible voters increased, the number of electors using Internet voting dropped by approximately 200. He suggested that interest in this method of voting will grow over time but cautioned that it should not be viewed as a catalyst to increasing voter turn-out. Councillor Gazzola asked that the report to come forward for the next election include experience of other cities who have used Internet voting. Councillor J. Gazzola then questioned the feasibility of addressing under- voting in similar manner to over-votes. Mr. Gosse advised that the majority of municipalities do not count under-votes as that would significantly slow down the process, noting that in 2010 there was approximately 94,000 under-votes. It was pointed out that some deliberately choose not to cast a vote for certain offices and/or the total number of candidates in an office to be elected. Mr. Gosse suggested that electors must take the responsibility to exercise their right to vote and it is up to them to decide who they vote for and then to mark their ballot accordingly. Councillor Gazzola also raised concerns with the premise of `'determination by lot" as prescribed under the Municipal Elections Act in the event the results of a vote remain tied following a recount. He suggested that the Province be lobbied to investigate another means of making a final decision in such situations. Mr. Gosse advised that this concern could be passed along to the Association of Municipal Managers, Clerks and Treasurers who undertake apost-election analysis and make recommendations to the Province for change in legislation. Councillor B. Vrbanovic suggested that the Province be lobbied to create aProvince-wide ad campaign for municipal elections, similar to Federal and Provincial elections, to promote and broaden awareness among the municipal electorate. He also suggested that the Municipal Elections Act should be changed to provide an automatic recount threshold rather than leaving the decision to conduct a recount up to the newly elected Council. The following motion was Carried Unanimously. On motion by Councillor B. Vrbanovic - itwas resolved: "That Finance and Corporate Services Department report FCS-11-120, dated May 19, 2011 titled 2010 Municipal Elections Review, be received for information; and, That an approach be made to the Province of Ontario and the Association of Municipalities of Ontario to investigate creation of a Province-wide ad campaign to promote municipal elections in 2014; and, That the Ministry of Municipal Affairs and Housing be requested to consider a change to the Municipal Elections Act to provide for an automatic recount threshold and in respect to sec.62(3) of the Act, investigate alternatives to `determination by lot' where a tie vote occurs; and further, That staff investigate alternative voting methods, including the use of Internet voting, with a report to come forward for consideration to the Finance & Corporate Services Committee by December 2012." The Committee then considered endorsement of a resolution from the City of Oshawa requesting the Minister of Education to amend the Education Act to declare voting day as a Professional Activity Day. Councillor Y. Fernandes spoke against the proposal, raising concerns that the school system already finds it difficult to schedule the number of required PA days without adding another day and class room time should not be further disrupted. Councillor B. Vrbanovic pointed out that an additional PA day is not requested but rather the recommendation is asking that one of the existing PA days be scheduled on Election Day in an election year. FINANCE AND CORPORATE SERVICES COMMITTEE FCS-11-120 - 2010 MUNICIPAL ELECTIONS REVIEW (CONT'D) The following motion was voted on by a recorded vote and Carried, with Mayor C. Zehr and Councillors J. Gazzola, D. Glenn-Graham, Z. Janecki, K. Galloway, S. Davey, B. Vrbanovic, F. Etherington and P. Singh voting in favour and Councillors B. loannidis and Y. Fernandes voting in opposition. On motion by Councillor B. Vrbanovic - itwas resolved: "That the resolution of the Council of the City of Oshawa adopted on April 11, 2011, requesting the Minister of Education to amend the Education Act to declare voting day as a Professional Activity Day in order that schools would be available for the sole use as a voting place, be endorsed; and further, That this endorsement be forwarded to the Minister of Education and all Region of Waterloo municipalities, School Boards and MPP's." ADJOURNMENT On motion, the meeting adjourned at 12:30 p.m. J. Billett, AMCT Committee Administrator