Loading...
HomeMy WebLinkAboutCouncil - 2011-10-24COUNCIL MINUTES OCTOBER 24, 2011 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor B. Ioannidis. The meeting began with the singing of “O Canada” by MacKenzie Orosz, King School of Vocal. Councillor F. Etherington raised concerns regarding limited content in the minutes circulated for the October 17, 2011 Community and Infrastructure Services Committee meeting, relative to questions he had put forward during the meeting in respect to Item 5 (Creative Enterprise Enabling Organization - Update). Mr. R. Gosse, City Clerk, advised that meeting minutes are not taken verbatim but rather the essence of discussion is captured with focus primarily placed on accurately reflecting the outcome. He added that composition of Kitchener’s meeting minutes is more detailed than most other municipalities undertake to produce. On motion by Councillor Z. Janecki the minutes of the regular meeting held October 3, 2011 and special meetings held October 3 & 17, 2011, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE – NIL Ms. K. Durst, Friends of the Foundation, K-W Community Foundation, announced the 4th annual Random Act of Kindness Day to be held November 4, 2011. The day is to celebrate random acts of kindness to facilitate community building and to encourage recipients of an act of kindness to pay it forward to other community members. Ms. Durst commented that this special day has become a National event and encouraged Council and City staff to participate by distributing Random Acts of Kindness cards which have been provided by the organization. Mr. Edmund Pries attended in support of Item B.3 of the Committee of the Whole agenda of this date dealing with transfer of a Retail Parking Agreement with Barrel Works Kitchener Ltd. to a new purchaser of 310 King Street East, a retail space within the Kitchener Market. Councillor J. Gazzola questioned the impact if the City’s standard parking rate was to be charged instead of the proposal to phase in rates over a period of time. Mr. Pries advised that it would represent a substantial increase, noting that the existing rate is $86.79 plus HST which is to increase to $104.15 in 2012 under the new agreement; whereas, the standard rate for 2012 is proposed at $133.56 plus HST. He added that the existing agreement stipulates that the parking rate is to be increased only by the rate set by the Consumer Price Index (CPI). Mr. Pries pointed out that the Market garage is different economically from other City parking garages in that, its vacancy rate is high and suggested that rather than impose a substantial increase in an under-used facility it would be more feasible to phase-in the rate increase over time as demand increases. He added that the prospective purchasers understand that the rates will have to increase eventually to align with the standard parking rate. Councillor Gazzola questioned how long the existing rate has been in effect. Mr. C. Bluhm, Manager, Downtown Community Development, advised that the rate has been in effect from its inception in 2004 and was $85. plus taxes until the end of 2009, following which in accordance with the agreement, 2010 and 2011 increases were adjusted to the rate of inflation as set by CPI. Councillor Gazzola pointed out that the Market garage is now part of the City’s Parking Enterprise and recent financial statements indicate the Enterprise is trending lower than anticipated compared to budget revenue estimates. He questioned if there was some means to charge the correct parking rate under this proposal. Councillor Z. Janecki questioned what the impact would be if the proposed arrangement was not supported. Mr. Bluhm anticipated that it may result in the prospective purchaser walking away from their Offer to Purchase if not guaranteed a number of parking spaces at the rate proposed. Mayor Zehr stated that if the demand was greater in this facility one could make argument for imposing the standard rate; however, he pointed out that if the proposed agreement does not go through the rate would fall back to the original rate plus inflationary increases. He stated that the proposed agreement represents a better deal than what currently exists. Councillor Gazzola stated that he could not support the proposed agreement, suggesting that a better rate should be negotiated. COUNCIL MINUTES OCTOBER 24, 2011 271CITY OF KITCHENER - - Moved by Councillor J. Gazzola Seconded by Councillor D. Glenn-Graham “That the Mayor and Clerk be authorized to execute the necessary documentation to confirm the assignment of the Retail Parking Agreement, dated March 20, 2002 with Barrel Works Kitchener Ltd. to a new purchaser of 310 King St. East and to amend the terms of said agreement to reflect parking rates and policy more in keeping with the City’s current parking rates and policy; said documentation to be to the satisfaction of the City Solicitor.” A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors D. Glenn- Graham, Z. Janecki, K. Galloway, S. Davey, B. Vrbanovic. F. Etherington and P. Singh Contra : Councillors J. Gazzola and Y. Fernandes Carried. Mr. Rych Mills attended to raise concerns regarding Clause 2 of the Heritage Kitchener report of this date dealing with approval of Heritage Permit Application HPA 2011-V-018 to permit alterations to Victoria Park associated with the Victoria Park Lake Improvements Project. Mr. Mills opposed plans to permanently remove the existing flag / lighting pole, which displays a Canadian flag, from its present location in the centre of the lake as it is most prominently positioned to all other flag poles located in the park and is one of the most photographed scenes. He suggested that the rationale provided by staff for its removal was flawed and pointed out that the flag pole can be viewed across from the David Street Church which is a first destination for many new Canadians arriving to the area. He asked that this iconic structure and Canadian flag not be taken from its central location in the park. Councillor B. Vrbanovic requested clarification of the rationale presented by staff relative to the proposed removal of the flag pole and if not to be returned to its present location, where else in the park it is proposed to be placed. Ms. P. Houston, DCAO - Infrastructure Services Department, advised that she was not able to comment on the details of this matter and would have to report back to Council. Councillor Z. Janecki advised that the plans for the park lake improvements were presented to Heritage Kitchener and the report of Heritage staff was indifferent to retaining and / or removal of the flag pole on the basis that a permanent pole was only erected in 1953 and has since been replaced in the mid-1990’s. He stated that heritage value is usually considered only significant if the structure has been in place over a substantial period of time but pointed out that this structure in its various forms has been in place for over 60 years. Councillor Janecki advised that Heritage Kitchener accepted the proposal as presented which included removal of the flag pole. Councillor F. Etherington noted that a number of improvements were scaled back to save on costs, pointing out that a fountain was to have replaced the flag pole. He stated that he had supported the staff report as presented, including removal of the flag pole in part because of the difficulties pointed out by staff in maintaining the structure. He added that there is another existing flag pole flying a Canadian flag near the base of the Queen Victoria monument by the boathouse. Councillor J. Gazzola commented that the Victoria Park Heritage Conservation District was put in place to attempt to maintain the heritage attributes of the park area and this flag pole has always been in the park, present since earlier days when skating was permitted on the lake. He questioned if it was ever intended to re-instate a winter rink on the lake and if so, suggested that in this instance the flag pole would have greater significance. Ms. P. Houston advised that it is unlikely a skating rink would be re-instated in the near future, noting that winter conditions have been unpredictable making it difficult to keep a consistent surface and maintenance of the rink is more onerous than that on park lands. Councillor Gazzola suggested that this discussion should take place, advising that he would like to see the matter brought back for a review of Council and it was his preference that the flag pole would remain in its present location as part of the heritage features of the park. Mayor C. Zehr agreed that fluctuations in weather, as well as the impact of sediment in the lake, make it difficult to maintain a hard ice surface; however, once the remediation improvements conclude re-instatement of an ice rink on the lake could be brought back for review. He stated that if COUNCIL MINUTES OCTOBER 24, 2011 272CITY OF KITCHENER - - possible it would be good to re-instate skating on the lake but this is a matter for consideration at a later date. A motion by Councillor B. Vrbanovic, seconded by Councillor F. Etherington, was brought forward to amend Clause 2 of the Heritage Kitchener report to provide that Heritage Permit Application HPA 2011-V-018 to permit alterations to Victoria Park associated with the Victoria Park Lake Improvements Project be approved, save and except removal of the existing flag / lighting pole located in the centre of Victoria Park Lake and that staff report to the November 7 Community and Infrastructure Services Committee meeting as to the rationale for removal of the flag pole and where it could be relocated to if it is not to remain in its present location. Councillor Vrbanovic commented that this would also provide opportunity for the Ward Councillor to have discussion with the Victoria Park Neighbourhood Association and he emphasized that it should be made clear that a Canadian flag will remain flying within the park. Councillor Z. Janecki stated that he would also like to see future discussions on the issue of re- instating skating on the lake but noted decommissioning of the pumping equipment may have some impact on the City’s ability to do so. He added that he could agree to temporary removal of the flag pole to allow the improvement work to be completed but would like to see it replaced in its existing position following completion of the work. Councillor F. Etherington advised that while he could support deferral of the issue related to the flag pole, he was not supportive of revisiting re-instatement of the ice rink on the lake given the difficulties in maintaining a hard ice surface due to fluctuations in temperature and the unsafe conditions it would pose to users of the rink. He expressed the opinion it would be money wasted and that it was unfair to raise false expectations of its re-instatement. Ms. P. Houston raised concerns with the timing of the deferral, advising that it may have impact to the tender award for the Victoria Park Lake Improvements Project which is to be considered for award at st a special Council meeting to be arranged by staff in the week of October 31. She asked that the issue of the flag pole be discussed prior to award of the tender in the event it has some impact to the tender contract. Councillor J. Gazzola expressed concerns that the Ward Councillor was opposed to review of re- instatement of the ice rink noting that issues affecting the park are not just Ward related but have impact to the community as a whole. The motion of Councillor B. Vrbanovic to amend Clause 2 of the Heritage Kitchener report was then Carried voted on and . Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes “That Clause 2 of the Heritage Kitchener report of this date, as amended, be adopted.” Carried. Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. In regard to Item B.1 i) dealing with the award of Quotation Q-11-044 (Janitorial Services - Kitchener Memorial Auditorium), Councillor Y. Fernandes raised concerns as to how completion of the work might be impacted if circumstances were to arise that would prevent those hired from travelling to the Auditorium given the out-of-town location of the proposed award. Mr. L. Gordon advised that it was his understanding that the company would primarily be hiring local residents to complete the work and in the event of an emergency, Auditorium part-time staff would assist to ensure the work is done. Mr. Gordon also clarified that prior to proceeding with an option to renew the contract for another year, staff would review the performance level of the service provided and only if acceptable, will opt for renewal. Councillor K. Galloway questioned if any thought had been given to awarding the contract to one of the low bidders that did not meet the experience criteria on a short term basis and thereby, potentially saving the City money in the long term. Mr. Gordon explained that the experience level requested was a mandatory criteria and those who did not meet the criteria were excluded from the award. He COUNCIL MINUTES OCTOBER 24, 2011 273CITY OF KITCHENER - - added that if awarded to a company that does not meet the specified criteria it would leave the City open to challenge. Councillor P. Singh questioned if part-time staff would still be required in light of the award. Mr. Gordon advised that janitorial services are not a normal function of the part-time staff’s responsibilities, nor are they trained in the service. He stated that while he was not certain of the part-time staffing levels at the Auditorium, nor the hours of work, he suspects that the number would not be reduced given this work is not part of their normal duties. He added that the main purpose of the contract is to enhance the level of cleanliness of the facility. Councillor J. Gazzola questioned the feasibility of re-issuing the contract proposal with amended criteria given the substantial difference in cost estimates among the low bidders. Mr. Gordon commented that while it could be done, he reiterated that this could be problematic given a bidder has met the criteria tendered and pricing of all bidders has now been made public. Mayor C. Zehr agreed that to re-issue the contract proposal would set dangerous precedent in light of disclosure of the bid pricing and issues that could arise with a change in standards notwithstanding a bidder has met the existing criteria. He suggested that the issue of the criteria being too rigid is a discussion to have at a later date and the tender as issued, should be dealt with. Councillor Z. Janecki questioned if additional costs would be incurred if Auditorium part-time staff is required to assist the contracted service. Mr. Gordon advised that this would occur only in the instance of an emergency and is not anticipated to happen. Councillor Janecki questioned if an enhanced level of service can be guaranteed and Mr. Gordon advised that the details of the service to be provided will be determined by the contractor in consultation with Auditorium staff and the level of service agreed to will become a contractual obligation to the contracted company. Ms. L. MacDonald, Director of Legal Services & City Solicitor, requested that Council defer consideration of this matter to allow her to undertake research to determine if awarding of this contract is affected by changes in legislation applicable to cleaning contracts. Mr. Gordon advised that deferral would not adversely affect awarding of the contract. Councillor B. Vrbanovic commented that as existing part-time staff is now secondary to performing janitorial services their working hours are likely to be reduced and asked that staff pursue discussions with existing part-time staff to determine if any would be prepared to continue providing this kind of service in order to retain their level of working hours; and this information be conveyed in the report to come back to Council. Moved by Councillor P. Singh Seconded by Councillor F. Etherington “That consideration of the following recommendation contained in Finance and Corporate be deferred Services Department report FCS-11-178 (S. Rudak), dated September 21, 2011, to the next special Council meeting , pending additional information from staff relative to the impact of re-issuing the contract proposal under revised criteria; the impact of changes in special legislation applicable to cleaning contracts; and the feasibility of providing existing part- time staff with first right to continue provision of janitorial services in order to maintain their existing level of part-time working hours: ‘That Quotation Q11-044 Janitorial Services Kitchener Memorial Auditorium, be McQueen Maintenance Inc., Georgetown,Ontario, awarded to at their quoted price of $106,420., plus H.S.T. of $13,834.60, for a total of $120,254.60, with an option to renew for three (3) additional twelve (12) month terms.’” Carried. COUNCIL MINUTES OCTOBER 24, 2011 274CITY OF KITCHENER - - Moved by Councillor S. Davey Seconded by Councillor K. Galloway Albert’s “That Tender T11-076 Emergency Generator Service & Maintenance be awarded to Generator Services Inc., West Lorne, Ontario, at their tendered price of $76,021.78, plus H.S.T. of $9,882.83, for a total of $85,904.61, with an option to renew for three (3) additional twelve (12) month terms.” - and - “That Tender T11-074 - One (1) 91 kw (122 net peak power to ISO 9249) Standard All Wheel Drive, Rubber Tired Industrial Tractor with Front End Loader and an Extendable Backhoe, be Nortrax Canada Inc., Cambridge, Ontario awarded to , at their tendered price of $167,944.00, plus H.S.T. of $21,832.72, for a total of $189,776.72.” - and - “That Expression of Interest E11-052, Huron Road Bridge Rehabilitation (City Bridge # 805), AECOM Canada Ltd., Kitchener, Ontario be awarded to at their estimated fee of $138,971.80 including contingencies of $12,633.80 plus H.S.T. of $18,066.33, for a total of $157,038.13, based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor.” - and - “That City of Kitchener’s portion of the City of Guelph Reference Number 11-094 – Supply and Sifto Canada Corporation, Mississauga, Delivery of Coarse Highway Salt, be awarded to Ontario, at their tendered price of $1,006,725. including H.S.T. for a two (2) year term with an option to renew for one (1) additional twelve (12) month term.” Carried. Moved by Councillor K. Galloway Seconded by Councillor P. Singh “That the report of the Community & Infrastructure Services Committee be adopted.” Council considered a memorandum (A. Pinard / D. Ross), dated October 19, 2011 in regard to Clause 6 of the report, dealing with amendments to Council Policy I-1095 (Public Participation in the Planning Process). The memorandum outlines revised wording for sub-clauses a) and b) of Clause 6 of the report. Voted on clause by clause. Carried, as Amended. Clause 6 – Carried. Clause 8 – Carried. Balance of report – Moved by Councillor J. Gazzola Seconded by Councillor S. Davey “That the report of the Finance and Corporate Services Committee be adopted.” Councillor J. Gazzola spoke in opposition to Clauses 4, 5 and 6, expressing the opinion that these matters should be considered during the 2012 budget deliberations given difficult decisions may have to be made in setting the City’s operating budget. COUNCIL MINUTES OCTOBER 24, 2011 275CITY OF KITCHENER - - Voted on clause by clause. Carried. Clauses 1 & 2 – Recorded Pecuniary Interests and Abstentions: Clause 1 – Councillor F. Etherington as he is currently participating in the programming conducted by the Waterloo Region Green Solutions - REEP. Clause 2 – Councillor F. Etherington as his spouse is employed by the company that held the previous contract. Carried. Clause 3 – Carried. Clauses 4, 5 and 6 – Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki “That the report of the Planning & Strategic Initiatives Committee be adopted.” At the request of Councillor K. Galloway, Clause 3 of the report dealing with consideration of the Kitchener Growth Management Plan (2011-2013+) was amended to clarify that the reason for deferral is to allow the affected landowners to have time to consult with City staff on new information that was submitted by staff. Voted on Clause by Clause. Carried, as Amended. Clause 3 – Carried. Balance of report – Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes “That the report of Heritage Kitchener be adopted.” Voted on Clause by Clause Carried. Clause 1 – Dealt with under Delegations and Clause 2 - Carried, as Amended. Councillor B. Vrbanovic advised that he wished to introduce a motion to change the date of the 2012 Operating Budget deliberations from December 8 to December 5, 2011 as he has a scheduling conflict with his duties as President of the Federation of Canadian Municipalities (FCM) and requested that the requirements for giving Notice of Motion be waived. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway “That pursuant to Section 25.7.14 of Chapter 25 (Council Procedure) of the Municipal Code, Council waive the requirement for Notice of Motion with respect to a motion to change the date of the 2012 Operating Budget deliberations from December 8 to December 5, 2011.” Carried, with required 2/3 majority. COUNCIL MINUTES OCTOBER 24, 2011 276CITY OF KITCHENER - - Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway “That the date of the 2012 Operating Budget deliberations be changed from December 8 to December 5, 2011 and the agenda for the Council meeting to be held in the evening of December 5, 2011 be kept as light as possible.” Carried. Councillor Y. Fernandes gave notice that she would introduce a motion this date concerning the timing of circulation for reports to members of Council relative to Council / Standing Committee meeting agendas, listed as Item 8 a) under New Business. Councillor Fernandes further advised that she wished to modify the wording of her motion to amend the second paragraph to add to the end the phrase “and engage members of the public”. Councillor Y. Fernandes then brought forward her motion for consideration, as modified this date, and the motion was seconded by Councillor Z. Janecki. Councillor B. Vrbanovic stated that he was of the understanding Council had dealt with this issue previously and changes were made in the timing of circulation, with the agendas and reports being posted on-line by either Wednesday afternoon or mid-day Thursday. He asked what is practical and what the implications would be in respect to the motion. Mr. R. Gosse, Director of Legislated Services & City Clerk, confirmed that discussion was held previously and the changes as outlined were implemented with agendas and reports being posted on- line no later than noon on the Thursday prior to the meeting date. He pointed out that previously the complete agendas were posted by noon on the Friday and the Council packages with the printed version were picked up by the City’s Courier at 3:00 p.m. for delivery in the afternoon to the homes of Council. Mr. Gosse advised that quite often staff is posting the completed agendas by the end of day on the Wednesday if all reports have been received and the hard copy which is still delivered on Friday afternoons is now picked up at 1:00 p.m. for earlier delivery to the homes. Councillor Vrbanovic requested clarification if the intent of the motion is to have electronic copies by Wednesday or a printed version. Councillor Fernandes confirmed that her intent was to have printed copies delivered on Wednesday. Councillor Vrbanovic questioned if there are any cost implications to the proposed Wednesday delivery. Mr. R. Gosse advised that while this could be done, there are logistical, as well as cost implications. He advised that currently draft agendas are reviewed by the Corporate Leadership Team (CLT) on the Tuesday morning and revised if necessary. They then are reviewed later that same afternoon by the Mayor, Chairs of the Standing Committees, the CAO and Deputy CAOs. Review of the agendas would have to be moved forward to the Thursday or Friday of the week prior, equating to approximately 10 days prior to the meeting date; and out of the 15 meeting cycle, there are 6 statutory holiday Mondays that would impact the agenda setting process as well. He pointed out that it would not be possible to continue with the Tuesday review and have the completed agendas printed and ready for delivery on the Wednesday. Mr. Gosse advised that it would also not be possible to have a Wednesday delivery for Council agendas, noting that direction to staff to provide additional information and / or reports often comes from the Standing Committee meetings on the Monday of the week the Council agenda is prepared and the Tuesday in between is not sufficient to allow staff to meet the direction of Council. Mr. Gosse further noted that the packages going out on the Friday also contains correspondence and other documentation for Council in addition to meeting agendas and questioned if the intent is to have a separate delivery on the Wednesday for agendas only with all other documentation still to be delivered on Friday; or, if all other documentation would now have to meet the Wednesday deadline. He added that if the intent is to have two separate deliveries there would be a cost increase of $6,000. per year ($120. per delivery to Council). Mr. Gosse commented that when the recent change to on-line posting of the agendas was implemented, the importance of meeting submission deadlines was discussed with members of CLT. Some flexibility remained to allow staff to submit reports early on Thursday morning; however, Mr. Gosse advised that if the printed copy is now to be delivered on Wednesday no flexibility remains and strict policy will have to be put in place around the submission deadline for reports. He pointed out that this may result in an increase in late reports being received which will have impact to the public as they will not be posted with the rest of the agenda materials and therefore, not be seen by the public. COUNCIL MINUTES OCTOBER 24, 2011 277CITY OF KITCHENER - - Councillor B. Vrbanovic stated that he had concerns in regard to the public and questioned if there is risk associated with the submission deadline that may see issues the public is expecting to be dealt with being delayed by one or two weeks. Mr. Gosse concurred that this was a possibility, citing an example of deferral of an issue at Standing Committee to the next Council wherein there would not be time enough for staff to prepare an additional report and meet the Council agenda deadline; and therefore, that report would not get posted on-line and the public would not see it and may miss the fact discussion is continuing at that meeting. Councillor Vrbanovic questioned how the change in delivery of the printed agenda impacts CLT’s ability to review reports in advance of the meeting. Ms. Ladd concurred with earlier comments that the Tuesday review would have to be moved up and may require a special meeting of CLT to be scheduled; however, she was more concerned with the impact to the public and in particular, those who are attempting to bring a matter forward to Council for consideration. She cited tenders as an example, which are already on a very tight turn-around timeframe, and had concern as to how the change in deadlines might impact the public in obtaining a decision from Council. Mayor C. Zehr suggested that while he could appreciate the purpose of the request brought forward, in order to have a full understanding of what the change means, Council should consider all of the implications and these should be provided in a written report. He expressed the opinion that the most important aspect is to determine a means to deliver reports to Council without added costs and suggested this could be done electronically so that reports could be reviewed on-line ahead of time and the printed copies still be delivered on the Friday. Mayor Zehr suggested that the proposed change be deferred to the start of the new year and in the interim, Council review the purpose of the request and the associated implications. Councillor P. Singh advised that he would support the proposed deferral; however, if Council proceeds to vote on the matter this date he wished to introduce an amendment to the motion. Mr. R. Gosse advised that it may be possible to meet posting of reports on-line by end of day on Wednesday rather than by 12 noon on Thursday. He noted, however, that it would mean flexibility will be lost in allowing staff extra time for submission of their reports and he would like time to work through the logistics. Councillor K. Galloway commented that she had previously raised the issue of going to paperless agendas and expressed the opinion a paperless process should be the focus and which may negate the need for the requested change. Mr. J. Willmer also pointed out that the volume of reports associated with Standing Committee agendas is greater than that of Council agendas, and suggested that there needs to be clarity around what the actual underlying issue is in regard to the logistics of circulation. Councillor Z. Janecki agreed that Standing Committee agendas are more difficult due to their volume and expressed a desire to have the printed versions earlier. He stated that he prefers a printed copy as he likes to make notes on the reports for reference at meetings and would not want to receive the reports only in an electronic format. Mr. R. Gosse advised that it is staff’s intent to move to paperless agendas by 2013 and part of the reason for earlier posting of reports on-line is to allow Council time to get used to reading on screen. He stated that it will take time to acquire appropriate electronic devices for Council’s use in conjunction with the changes being considered for audio / visual functions in the Council Chamber and Council will also require training in software to understand the functionality of paperless agendas, including the ability to notate on electronic reports. Councillor B. Vrbanovic commented that while the proposed change is good in principle to allow Council added time to prepare for meetings and the public an opportunity to be aware of issues earlier, he agreed that time needs to be taken to consider all of the implications raised. He noted that the practice of Friday delivery has been in place for many years without concern and if a change is to be made it should be done in a manner that contemplates all of the issues and cost implications and be made for the right reasons. He suggested that as this is not time sensitive it should be referred back to staff for a report and in the interim, staff could endeavor to meet the spirit of the motion through electronic posting of reports by the end of day on the Wednesday. Councillor D. Glenn- Graham concurred with Councillor Vrbanovic’s suggestion, asking that where possible large reports also be sent electronically to Council as soon as they are finalized. COUNCIL MINUTES OCTOBER 24, 2011 278CITY OF KITCHENER - - Councillor K. Galloway acknowledged that some time will be needed to move to paperless agendas; however, she suggested that need for training should not be the reason for delaying any longer than necessary. She added that going paperless should extend beyond agendas to all reports and documentation going to Council and if a paper copy is still desired by a member of Council it can be requested. She asked that, if voted on, the implications of going paperless be added into the motion under consideration. Councillor S. Davey questioned if staff could meet the Wednesday deadline for electronic posting without undue stress. Mr. Gosse suggested that in a majority of cases staff would likely be able to accommodate the change; however, he reiterated that it will eliminate any flexibility in extending submission deadlines. Councillor Y. Fernandes opposed any further delay in taking action on this request notwithstanding there may be some constraints and questioned the feasibility of receiving at minimum a draft copy of reports on the Tuesday or Wednesday. She stated that Council is expected to read the materials provided and time is needed in order to do due diligence; adding that very large reports, such as the Kitchener Growth Management Plan, cannot be digested in a couple of days. Councillor Fernandes further stated that while paperless is good from an environmental perspective, she has found it difficult to read on screen and would also prefer a printed copy for purpose of notating. She asked that direction be given this date to staff to move forward with this request. A motion by Councillor B. Vrbanovic, seconded by Councillor P. Singh, was brought forward for consideration to defer consideration of Councillor Fernandes’ motion to the November 7, 2011 Finance and Corporate Services Committee meeting and in the interim, staff be directed to meet the spirit of the motion through electronic posting of reports by 5:00 p.m. on the Wednesday prior to the meeting date. Councillor K. Galloway raised concerns with the proposed date of deferral, noting that it is the day for start of budget deliberations with the Schedule of Fees and Charges to be considered, and as well, the Kitchener Growth Management Plan was deferred for consideration to that date. Mayor C. Zehr commented that there are only two Standing Committee meetings remaining in 2011 th and suggested that the matter be deferred to the new year or be dealt with at the November 28 th meeting. Alternatively, he suggested that a report could come forward to the November 7 meeting and if the agenda turned out to be too full to allow full discussion of the issue, then the matter could th be moved to the November 28 meeting. Councillor B. Vrbanovic accepted Mayor Zehr’s suggestion on the proviso that direction is still given to staff to meet the spirit of the original motion in respect to the next two cycles of Standing Committee meetings through electronic posting by 5:00 p.m. on the Wednesday prior to the meeting date. Councillor Vrbanovic’s motion to defer the matter, as amended in respect to timing, was then voted LOST on a tie vote on and . A motion by Councillor P. Singh, seconded by Councillor S. Davey, was then brought forward for consideration to amend the third paragraph of Councillor Fernandes’ motion to delete the phrase “or Council” in the second line and insert in the first line the word “electronically” before the phrase “all available reports”; and, to delete the fourth paragraph in its entirety. Councillor Vrbanovic raised concerns that those who have made arguments in the past for fiscal responsibility do not in this instance want to take the time to look at all the issues for the purpose of making a prudent decision. He expressed the opinion that this issue needs to be considered in the broader context and was concerned that professional staff are not being given the opportunity to provide comprehensive information to Council. For these reasons, he stated that he was in a dilemma as to how to vote and suggested that by not allowing consideration of all the issues Council is shirking the responsibility of due diligence. Councillor Y. Fernandes advised that she would accept Councillor Singh’s request to amend paragraph 3 of her motion but was not in favour of deleting the last paragraph. She stated that she would like this issue to move forward and did not want to continue to receive packages on Friday. She added that she is not asking for 2 deliveries but rather would like to at least see delivery on Thursday and suggested that any materials not included in the package could be picked up by Council members on the Monday when they come in for the meeting. She expressed the opinion that COUNCIL MINUTES OCTOBER 24, 2011 279CITY OF KITCHENER - - a move from Friday to Thursday would allow circulation to remain in the same cycle and would not invoke extra cost. She added that she wants to be fiscally responsible but at the same time needs sufficient time to read the reports. Ms. C. Ladd suggested that rather than vote on either of the motions at this time, that Council allow staff to try the process as suggested by Councillor Fernandes, in the amended format suggested by Councillor Singh, for the next several meeting cycles; which is to post reports electronically by Wednesday afternoon for Standing Committee meetings and where feasible, provide larger reports as soon as they are completed, and to have the package of printed materials delivered to Council on Thursday. She suggested that this would give staff a chance to see how the suggested process goes and Council would be in a position then to determine if it is appropriate to formalize the suggested process. Councillor Fernandes advised that she could agree to the proposed course of action. Councillor Singh also agreed that the proposed course of action is in keeping with the merits of the motion. Councillors Singh and Fernandes then both withdrew their motions. Mayor Zehr advised that with the amendment and the original motion having been withdrawn the matter would now be left with staff to attempt to work within the spirit of the motions. Councillor J. Gazzola referred to the recent announcement by Maple Leaf Foods that they will close the Schneiders plant in Kitchener, commenting that this will have significant impact to the community. He questioned as to what staff is in position to do to look into this situation and in particular, questioned that if bonusing occurs how Provincial law is enforced and if it has any real teeth if not complied with. Councillor Gazzola referred to a recent article in the local newspaper which reported that Hamilton City Council did not know anything about the transaction until it was publicly announced and he suggested that given the impact of the closure, the City of Kitchener needs to be assured that no bonusing in fact occurred. Mayor C. Zehr requested staff to comment on the regulations of the Municipal Act. Ms. L. MacDonald, Director of Legal Services & City Solicitor, responded that the Act prohibits a municipality from giving any grant, as broadly defined, where it benefits a commercial, manufacturing or industrial business and requested that in respect to the strength of the law that she be given time to undertake research on the matter and report back to Council. Mayor C. Zehr commented that several of the local municipalities, including the Region of Waterloo, worked very hard together for a period of months putting together a package of information as would be done for any other business seeking to locate in the area. He stated that it was known through public announcement by Maple Leaf Foods in 2010 that they were looking for a location to establish a new plant and while no mention was made of plant closures at that time one could make the assumption that may be the case. Area municipalities working collectively together put forward a minimum of three site locations for the new plant and for reasons Maple Leaf alone can answer, they chose not to follow through with the applications put forward. Mayor Zehr noted that up until just days before the announcement, communication was still going back and forth on one of the sites that had been proposed in this area leading him to believe this area was still in line for consideration. He expressed sadness at the news knowing the effect it has on individual employees and their families and by extension, because of its 121-year history in Kitchener will have an emotional impact to the community. He stated that he would be meeting this week with Maple Leaf Foods to discuss a process going forward, which will include obtaining a clear understanding of the relationship of current employees and what the company will put in place to assist them through the transitioning; adding that City staff have provided him with a number of programs and agencies up and running that could assist employees through the transition. He further stated that it is important to understand the future of the Schneiders property post closing of the plant which is large in size and in a prominent location on the fringe of the Downtown core. He noted that it is premature to say what shape the property will take and will involve a significant process including City staff, Maple Leaf Foods and the entire community. Mayor Zehr suggested that the City will be in better position to put a framework around the future of the site in approximately 3 weeks time. Councillor F. Etherington commented that given the substantial number of persons who stand to be unemployed by this event, he hoped that the Provincial Government would take steps to investigate the transaction thoroughly. Mayor Zehr advised that while unsubstantiated, he had been told that no incentives were given in this transaction. COUNCIL MINUTES OCTOBER 24, 2011 280CITY OF KITCHENER - - Councillor S. Davey questioned if the reason Kitchener Council was not briefed in regard to attempts to procure the plant here was because it was a Regional initiative and asked if Regional Council was privy prior to the announcement made. Mayor Zehr advised that Regional Council was not made privy to the outcome prior to the announcement and was as unaware as was Hamilton Council. Councillor B. Vrbanovic stated that he had asked earlier this date that the draft Economic Development Plan be shared with Council and that steps be taken to ensure that the Plan contemplates ways in which the City can be more engaged from an economic development point of view in terms of attracting various types of manufacturing to the community. He expressed the opinion that manufacturing will always be a portion of economic development in this community and it is important to make sure that while the City continues to do the work it is doing to diversify the economy, at the same time it should ensure that some of the historical components continue to be a priority. Councillor J. Gazzola stated that he had further contemplated the concerns raised by Councillor Fernandes at the October 17, 2011 Finance and Corporate Services Committee meeting regarding the number of staff attending meetings. He advised that he agreed with her point of view and had calculated the number of hours actually worked by staff at 1,500 hours per year which he considers to be very precious hours. He noted that agendas consist of a number of items and questioned the necessity of staff to be at the meeting simply because they worked on an item, suggesting that the minutes of the meeting are sufficient to keep staff informed without the need to sit through lengthy meetings and be away from their work. He further suggested that given today’s electronic devices that staff could be contacted just prior to consideration of an item that they need to be present for and if not present and a question cannot be answered then the answer would simply have to come back to Council at a later time. Councillor Gazzola expressed the opinion that an effort needs to be made to have fewer staff in attendance at these meetings. Ms. C. Ladd commented that staff attend meetings as part of their normal duties in support of Council and expressed the opinion that for staff to best serve Council especially in regard to an item in the area in which they work that they hear Council’s thoughts, concerns and ultimate direction. She stated her belief that it is productive for staff to hear directly the philosophy of Council; however, if it is Council’s wish they will not attend. She added that it was evident at the Strategic Session held earlier this day that staff heard Council’s comments the week before as many of the questions Council raised were not answered due to the appropriate staff not being at the meeting. She suggested that a lot of time will be lost in having to wait for responses to questions and that Council would be better served if their questions were answered immediately. Ms. Ladd reiterated that on any given day many staff are already working in the building prior to the start of the business day, as well as after closing hours, without seeking compensation because they are committed to doing their jobs well and is to the benefit of this community. Councillor K. Galloway agreed that it is part of staff’s duties to attend meetings and raised concerns that giving direction not to attend is creating a silo between Council and staff. She added that Council does not discourage the public from attending and should not discourage staff attendance either. Councillor Galloway noted that many staff are working during the meeting on their electronic devices and with the changes coming to the Council Chamber there will be more opportunity for productivity while attending meetings. Mayor C. Zehr commented that it is not often that he sees staff in attendance that are unrelated to the items for discussion and noted that some questions raised this evening that were left unanswered may have been answered if appropriate staff had been present. Mayor Zehr expressed the hope that appropriate staff would still continue to attend meetings. Councillor K. Galloway asked that a report come forward at a future date regarding the timing and implications of going to a paperless process for Council and Standing Committee meetings, and that Advisory Committees be contemplated in the context of including them at some point in future. Mayor C. Zehr advised that Regional Council will be considering a motion on Wednesday, October 26, 2011 regarding steps to be taken to improve the safety of pedestrian and vehicular travel through the round-about at the intersection of Homer Watson Boulevard and Block Line Road. Moved by Councillor K. Galloway Seconded by Councillor F. Etherington “That leave be given the Mover and Seconder to introduce the following by-laws, namely: COUNCIL MINUTES OCTOBER 24, 2011 281CITY OF KITCHENER - - (a) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (b) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d) Being a by-law to assume certain lands within the City of Kitchener as a public highway. (e) To confirm all actions and proceedings of the Council. 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 Z. Janecki as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor Z. Janecki Seconded by Councillor P. Singh “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. Moved by Councillor K. Galloway Seconded by Councillor F. Etherington “That the by-laws be given third reading, namely: (a) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2011-147) (b) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By-law No. 2011-148) (c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2011-149) (d) Being a by-law to assume certain lands within the City of Kitchener as a public highway. (By-law No. 2011-150) (e) To confirm all actions and proceedings of the Council. (By-law No. 2011-151) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. COUNCIL MINUTES OCTOBER 24, 2011 282CITY OF KITCHENER - - On motion, the meeting adjourned at 9:45 p.m. MAYOR CLERK COUNCIL MINUTES OCTOBER 24, 2011 283CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal code be granted to the Food Basics store at 1405 Ottawa Street North for the evenings of October 17, 24, 31 and November 7 and 9, 2011, between the hours of 9 p.m. and midnight each evening, for necessary work to replace refrigeration units within the store. 2. That Demolition Control Application DC11/12/C/GS requesting permission to demolish a single detached dwelling at 100 Cress Lane, owned by Shelane Properties Inc., be approved without conditions. 3. That the Uniform Traffic By-law be amended to prohibit parking at anytime on the south side of Ellis Avenue from Hartwood Avenue to Guelph Street. 4. That a one-time grant be given to Zeffer Place (Ward 2), Woodhurst Court (Ward 7), Gallarno Court (Ward 8) and Canters Close (Ward 3) for the start-up of the cul-de-sac planting program, which includes: a) Services in kind: compost, woodchips, and sod removal $1,000.00 b) Cash grant (use for plant material, benches etc.) $1,000.00 and further; That the Mayor and Clerk be authorized to execute any and all necessary agreements with each of the cul-de-sac groups, satisfactory to the City Solicitor, allowing the plantings to be located on public lands. 5. That Purchase Order PO 202787 be extended by $90,000 to cover gas and water infrastructure locates until the end of 2011, to meet the 4 working day completion required under regulations. 6. That the amendments to Council Policy I-1095 (Public Participation in the Planning Process) in the form shown in Appendix “A” attached to report CSD-11-140 be further amended as follows: a) That letters with information pertaining to the staff report and statutory public meeting for official plan amendments, zone change applications, plans of subdivision and vacant land condominiums be mailed to all persons who noted a desire to receive further information in their written response to the initial circulation letter or who signed a registration list at a neighbourhood information meeting. Staff will ensure these letters are mailed out at least 14 days in advance of the statutory public meeting; and, b) That at least one week prior to the statutory public meeting, details of that meeting will be posted on Facebook and Twitter with direction to the public to go to the City’s website for additional information; and further, That the amended Council Policy I-1095 be approved. (Carried, as Amended) 7. That the existing Council Policy I-525-Community Investment be replaced with the revised policy attached as Appendix A to report CSD-11-142. 8. That the 2012 Cityhood Centennial Celebration budget and the funding of $165,000, as provided in the City’s 10 year capital forecast for 2012, be pre-approved in order to begin implementation of the event work plan. COUNCIL MINUTES OCTOBER 24, 2011 284CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – 1. That subject to consideration during the 2012 budget deliberations, $27,500. be allocated to the Waterloo Region Green Solutions, Residential Energy Efficiency Project (REEP), as part of the Environmental Committee’s 2012 Operating Budget. 2. That Homewood Health Solutions be awarded the role of the employee assistance provider (EAP) for the City’s employees effective January 1, 2012 at their quoted annual estimated cost of $53,000 plus HST. 3. That proposed amendments to the City’s Online Communications Strategy and Social Media Policy be approved, allowing the City’s Economic Development Division and Special Events Team to launch their own corporate Twitter accounts for a trial period of six months, until April 24, 2012; and, That staff from both of these divisions who will be given access to either of these new Twitter accounts must first undergo training, provided by Communications and Marketing staff and Records Management staff; and further, That at the conclusion of the six-month trial period, Communications and Marketing staff will report back on the effectiveness of these amendments and seek further direction at that time. 4. That the Parking System Administrator position within the By-Law Enforcement Division be converted from temporary status to full-time status. 5. That the Direct Purchase Representative position within Utilities be converted from temporary status to full-time status. 6. That the Senior Quality Assurance position within the Customer Information System team be converted from temporary status to full-time status. PLANNING AND STRATEGIC INITIATIVES COMMITTEE – 1. That Community Services Department report CSD-11-133, Kitchener Growth Management Strategy – 2011 Annual Monitoring Report, be received for information; and further, That Report CSD-11-133 be submitted to the Regional Municipality of Waterloo in fulfillment of Clause 22.1 of the Administrative Agreement between the City of Kitchener and the Regional Municipality of Waterloo regarding delegated authority. 2. That Finance and Corporate Services Department report FCS-11-171, be referred for consideration as part of Council’s 2012 Capital Budget deliberations, with Appendix ‘A’ (Project Division - Above the Line and Below the Line) being acknowledged as the starting point for discussion on the impending need to reprioritize growth related capital projects. 3. That consideration of the Kitchener Growth Management Plan Fall 2011 - Fall 2013+, as be deferred to the attached to Community Services Department report CSD-11-134, November 7, 2011 Planning and Strategic Initiatives Committee meeting , to allow an opportunity for affected landowners to review and consider the impacts of new information submitted by City staff. (Carried, as Amended) HERITAGE KITCHENER – 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2011-IV-019, be approved to permit alterations to the façade and cleaning of the granite at 117 King Street West, in accordance with the plans submitted with the application, subject to the following conditions: COUNCIL MINUTES OCTOBER 24, 2011 285CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER – (CONT’D) 1. (Cont’d) i) That the details regarding the proposed method of cleaning be submitted, reviewed and cleared by Heritage Planning staff prior to the issuance of a building permit; and further, ii) That the final building permit drawings be submitted and approved by Heritage Planning staff prior to the issuance of a building permit. 2. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2011-V-018, be approved to permit alterations to Victoria Park associated with the Victoria Park Lake Improvements Project, in accordance with the plans and supporting information submitted with the application, save and except removal of the existing flag / lighting pole located in the centre of Victoria Park lake; and further, That staff report to the sooner of either of the next special Council meeting or the November 7, 2011 Community and Infrastructure Services Committee meeting as to the rationale for removal of the flagpole from its existing location in the lake and where it may potentially be relocated to within the park. (Dealt with under Delegations and Carried, as Amended) COUNCIL MINUTES OCTOBER 24, 2011 286CITY OF KITCHENER - - COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 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.FCS-11-182 – Dog Designation Appeal Committee - Elliott Council considered Finance and Corporate Services Department report FCS-11-182 (C. Goodeve), dated September 20, 2011. It was resolved: “That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Tracey Elliott, wherein the Committee modifies the Dangerous Dog Designation assigned to her dog ‘Precious’ by the Kitchener-Waterloo and North Waterloo Humane Society and assigns conditions for the keeping of said dog, be ratified and confirmed.” 3.INS-11-088 – Transfer of Retail Parking Agreement – Kitchener Market Dealt with under Delegations. 4. INS-11-091 – Access Node Agreement – Walter Bean Trail Council considered this date Infrastructure Services Department report INS-11-091 (J. Witmer), dated October 20, 2011. Councillor Y. Fernandes requested clarification of the indication given in the report that the trail access point is subject to future development and potential relocation. Ms. P. Houston, DCAO, Infrastructure Services, advised that this relates to any future development improvements to the golf course that may be undertaken by the City and not to any interest from within the private sector industry. Mr. J. Willmer, DCAO, Community Services, added that while the City is not at this time entertaining an interest from the private sector it would be prudent for Council to keep all options open should they see fit to make land available for any future interest in private development. It was resolved: “That the Mayor and Clerk be authorized to execute an agreement with the donor and the Grand River Conservation Foundation with respect to the establishment and potential relocation of the proposed donor-sponsored Walter Bean Trail access node at Doon Valley Golf Course, 500 Doon Valley Drive.” 5. INS-11-092 – Delegated Authority – Gas Pipeline Installation Agreements Council considered this date Infrastructure Services Department report INS-11-092 (P. Houston), dated October 21, 2011. It was resolved: “That the Mayor and Clerk be authorized to execute any documentation required to secure and/or release temporary and/or permanent easements required for the installation of gas pipelines; said documentation to be to the satisfaction of the City Solicitor.”