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HomeMy WebLinkAbout2011-11-28FINANCE AND CORPORATE SERVICES COMMITTEE The Finance and Corporate Services Committee met this date commencing at 12:55 p. m. Present: Councillor S. Davey -Vice-Chair Mayor C. Zehr and Councillors J. Gazzola, Y. Fernandes, K. Galloway, P. Singh, B. loannidis, Z. Janecki, F. Etherington and D. Glenn-Graham. Staff: C. Ladd, Chief Administrative Officer J. Willmer, Deputy CAO, Community Services P. Houston, Deputy CAO, Infrastructure Services R. Gosse, Director, Legislated Services & City Clerk S. Turner, Director of By-law Enforcement C. Fletcher, Director of Facilities Management T. Beckett, Fire Chief T. Ruggle, Chief Fire Prevention Officer J. Sheryer, Assistant City Solicitor C. Yarling, Manager, Corporate Records & Archives Services P. Harris, Manager of Licensing J. Billett, Committee Administrator FCS-11-216 -LIQUOR LICENCE APPLICATION - DA VINCI CAFFE BAR, RESTAURANT & PIZZERIA - 21 WEBER STREET WEST The Committee considered Finance and Corporate Services Department report FCS-11-216, dated November 15, 2011 concerning an amendment to a specified condition of a liquor licensing agreement between the City of Kitchener and the owner of the Da Vinci Caffe Bar, Restaurant & Pizzeria. On motion by Councillor D. Glenn-Graham - itwas resolved: "That Condition #4 of the liquor licensing agreement entered into by The City of Kitchener and Dejan Kerkez, owner of Da Vinci Caffe Bar, Restaurant and Pizzeria located at 21 Weber Street West, be amended to allow the applicant to serve alcohol until 2:00 a. m. daily; and further, That staff be directed to advise the Alcohol and Gaming Commission of Ontario (AGCO) that Condition #4 of the agreement has been amended and the City has no concerns with any corresponding condition on his liquor license being amended accordingly." FCS-11-212 -WATERLOO REGION MUNICIPALITIES INSURANCE POOL - 2010-2011 ANNUAL REPORT The Committee considered Finance and Corporate Services Department report FCS-11-212, dated November 9, 2011 which provides information on the 2010-2011 Annual Report of the Waterloo Region Municipalities Insurance Pool (WRMIP). Mr. Craig Smith, Risk Manager, WRMIP, presented an overview of the insurance pool which is an association of municipalities who combine their resources to gain common advantage in managing funds to finance recovery from accidental loss. Services provided include insurance placement, risk management and claims administration. It was noted that the insurance pool provides stability in pricing, experiencing only a 13.3% increase in premiums over its 13 year history (1997-1998 pre-pool $4.12M versus 2011-2012 at $4.67M). Mr. Smith advised that the insurance pool is financially strong and maintains budget stability. Councillor Z. Janecki questioned how the amount of premium paid by each participating municipality is determined. Mr. Smith advised that an analysis is undertaken based on a pre- determined formula. Councillor Janecki questioned the reason only 3 companies out of 13 chose to submit bids. Mr. Smith advised that many insurance companies are not interested in underwriting municipalities because of the risks associated with joint and several liability; citing an example wherein cities are road authorities and roads can generate a substantial number of accident related claims that can be costly and for which a municipality can be held accountable for large rewards. FINANCE AND CORPORATE SERVICES COMMITTEE NOVEMBER 28. 2011 - 155 - CITY OF KITCHENER 2. FCS-11-212 -WATERLOO REGION MUNICIPALITIES INSURANCE POOL - 2010-2011 ANNUAL REPORT (CONT'D) Mayor C. Zehr inquired as to the status of discussions with the Association of Municipalities of Ontario (AMO) on the issue of joint and several liability. Mr. Smith indicated that the AMO is continuing to strongly lobby the Province for change, noting that large settlements are still trending upward and is the reason why many insurance companies are not willing to underwrite municipalities. Councillor J. Gazzola requested clarification as to the determination of the annual levy, noting a -2.2% change for Kitchener. Mr. Smith advised that Kitchener had an excellent experience over the past year resulting in savings that has allowed aflat-lined budget for 2011-2012. At the request of Councillor Gazzola, Mr. R. Gosse agreed to provide information to Council as to how surplus funds are dealt with. On motion by Councillor J. Gazzola - itwas resolved: "That the 2010-2011 annual report of the Waterloo Region Municipalities Insurance Pool be received for information." FCS-11-220 -COUNCIL CHAMBER AUDIO-VISUAL SYSTEM The Committee considered Finance and Corporate Services Department report FCS-11-220, dated November 17, 2011 which provides an update on a proposed plan of action for replacement of the Council Chamber audio-visual system. Ms. C. Yarling advised that an internal committee, working in conjunction with Engineering Harmonics Ltd., consultant, has moved forward in determining mandatory requirements for a new system, as well as optional components that include electronic voting, microphone queuing, replacement of the main projection screen and an automated lift device for the document projector. The consultant has advised that these are typically add-ons and will be shown in the Request for Proposal (RFP) as optional to provide Council with an opportunity to select on the basis of preference, value and cost. It was noted that the proposed timeframe is based on the consultant's expert advice and takes into account an optimum amount of time for release of an RFP, as well as millwork needed to house new equipment, testing of the new equipment and training on the new system. The schedule of work is proposed to take place from the end of March to the end of May; however, there is opportunity to shift the majority of work into July 2012 to provide less disruption to Council and Committee meetings. Any millwork required may have to be done in advance which may require one Standing Committee, one Council and one Council/Audit Committee meetings to be relocated. Ms. Yarling advised that the Audio-Visual Committee is seeking direction on the issue of shifting work into July. Councillor Z. Janecki questioned if the existing system has web stream capability. Mr. R. Gosse advised that it does not; however, a report is coming forward in early 2012 on aspects of recording meetings, including an option to web stream and staff is making sure that the option is kept open for the new system. Councillor Janecki questioned if there are problems with the current projection screen. Ms. Yarling advised that it is not necessary to replace the existing screen which is why it is being shown as optional, with the intent being to provide opportunity to pursue replacement if desired. Councillor D. Glenn-Graham questioned if the compressed work schedule in July would result in savings. Ms. C. Fletcher advised that the work schedule has been designed to ensure all work can be completed and was not certain any savings would accrue, suggesting it is more a matter of convenience to lessen disruption to meeting schedules. Councillor J. Gazzola questioned what is involved in the millwork. Ms. Fletcher advised that it is not known at this time specifically, but may involve modifications to the millwork where new equipment will not fit into the existing configuration, such as a different size monitor. She added that staff will undertake to do any required millwork in the most cost effective way. Councillor Gazzola questioned if the mandatory system components could be individually FINANCE AND CORPORATE SERVICES COMMITTEE FCS-11-220 -COUNCIL CHAMBER AUDIO-VISUAL SYSTEM ICONT'D priced similar to the optional components. Ms. Yarling advised that the mandatory components are what the consultants have determined is necessary for longevity of the system and were not intended to be individually priced. Whereas, the optional components would be individually priced so that Council can make a value based decision. She added that it would be difficult to individually price mandatory components as in many instances they are inter-woven. Ms. Fletcher agreed that parceling out the mandatory components individually would be very difficult as most are related to audio and electrical systems. Councillor Gazzola noted that personal devices are being brought into the Chamber, questioning the need to build in new monitors and asked if a comparison in costs between use of personal devices versus purchase of new monitors could be provided. Ms. Fletcher suggested that infrastructure pieces could potentially be separated from system components. Councillor Gazzola questioned if savings would be achieved in respect to maintenance and Ms. Yarling advised that maintenance costs will be significantly reduced with the new system. Mr. R. Gosse added that the consultant was hired to help design the system being a qualified design engineer and in conjunction with assisting in preparing the RFP, the consultant will also assist in identifying who among the bidders is sufficiently qualified to complete the install. Mayor C. Zehr commented that it is important to have the work tendered as a package because in many instances where multiple companies are involved no one will take responsibility for a system failure, instead blaming the other. He concurred with the components to be listed as optional, commenting that Regional Council currently uses an electronic microphone queuing and voting system which is helpful and web streaming would add to transparency in reaching a broader audience. Mayor Zehr questioned if any discussions have been held with Rogers TV in respect to the schedule of televised meetings for 2012. Mr. R. Gosse advised that Rogers is currently working on their schedule of televised meetings which they cannot finalize until they have received meeting schedules from all of the area municipalities. Councillor Y. Fernandes questioned the feasibility of including in the RFP provision for re-use of existing materials taken out of the Chamber. Ms. Fletcher expressed the opinion that it is not necessary to include same in the RFP, advising that staff would ensure that those materials would be dealt with in the most cost effective manner and be re-used where feasible. Councillor Fernandes questioned if pricing could be tiered to show varying price levels dependent on options included and Ms. Fletcher advised that pricing would be structured to clearly show the mandatory components and individual pricing of each option, together with total costing dependent on which options are chosen. Councillor Fernandes suggested that better pricing is some times obtained when components are individually contracted out and would like to see the mandatory components separated out. Mr. Gosse advised that the majority of costs will be for labour and the mandatory components will consist primarily of cabling and electronic wiring which cannot be dealt with separately. On motion by Mayor C. Zehr - itwas resolved: "That Finance and Corporate Services Department report FCS-11-220 (Council Chamber Audio-Visual System), dated November 17, 2011 be accepted and staff be authorized to proceed with the proposed plan of action; and further, That the schedule for work in the Council Chamber be shifted to July 2012 when no meetings are scheduled, save and except the millwork which may be completed earlier requiring one Standing Committee, one Council /Committee of the Whole and one Council /Audit meetings to be moved to an alternate location." CAO-11-028 -WATERLOO REGION TOURISM MARKETING CORPORATION - EVALUATION The Committee considered Chief Administrator's Office report CAO-11-028, dated November 21, 2011 requesting consideration of continued funding and support for continuation of the Waterloo Region Tourism Marketing Corporation (WRTMC). FINANCE AND CORPORATE SERVICES COMMITTEE CAO-11-028 -WATERLOO REGION TOURISM MARKETING CORPORATION - EVALUATION (CONT'D) Ms. C. Ladd advised that the WRTMC was established in 2007 based on a 3 year commitment to provide sufficient time to commence operations and to determine the effectiveness of the organization. An evaluation was to be undertaken at the end of the 3 year period; however, an extension was granted in 2010 because of a change in the organization's senior leadership. Municipal Chief Administrative Officers conducted the evaluation over the summer of 2011 and while responses to an on-line survey provided to members from within the tourism industry was low, indication is that they do feel they receive value from the organization and would like to see it continue. Ms. Ladd advised that providing tourism services through one organization has reduced the City's budget for tourism services by at least two thirds, wherein the City is supporting tourism services at only about 30% of what it did previously. Ms. Ladd advised that it is being recommended that Kitchener continue to provide funding and support to the WRTMC and asked that a minor revision be made to the staff recommendation to provide that a subsequent evaluation be done in 2015, rather than 2014, to be consistent with another 3 year term. Ms. Ladd added that a similar recommendation is to be presented to all other participating municipal Councils. In response to Councillor J. Gazzola, Ms. Ladd provided clarification on aspects of the current membership; however, she pointed out that the organization is at this time examining whether or not to continue under the existing model or pursue a differing model. Councillor Gazzola noted a decline in revenues for industry participation from $270,000 in 2009 to $245,000 in 2011. He stated that it was his understanding the public sector was to assist in getting the organization started and the private sector to then take over, questioning how this is being done. Ms. Ladd advised that with any new organization targets are set based on a certain model and numbers did increase from 2007 to 2009. In 2010-2011 she indicated numbers were affected by a change in leadership, resulting in the review of different opportunities for marketing the organization. She noted that expenses are based on annual marketing initiatives and fluctuates dependent on the amount of free marketing / promotional opportunities leveraged. Councillor Gazzola questioned if discussions are ongoing with the Townships of Wellesley and North Dumfries to join the organization. Ms. Ladd advised that discussions are continuing and they have indicated an interest in determining what benefits they may achieve both from the perspective of the WRTMC and Canada's Technology Triangle (CTT). At the request of Councillor Gazzola, Ms. Ladd agreed to provide Council with actual revenues and expenditures in comparison to budget figures for 2008 - 2010. Councillor Z. Janecki referred to statistics showing 58% of visitors to Regional Tourism Organization 4 (RTO 4) going to Waterloo Region while 48% of United States (US) visitors go to Perth. He questioned if this is a peculiarity. Ms. Ladd advised that RTO areas were established by the Province 2 years ago on the premise that larger grouping of destination marketing organizations increases ability to attract tourists because the number of opportunities related to tourist activities also increases. The statistics noted demonstrate that Waterloo Region is receiving the majority of visitors to RTO-4 of which they are a part and suggested that there could be any variety of reasons as to why the majority of U.S. visitors go to Perth. Councillor Janecki questioned if the objective of the program is to self-promote the Region or if they are relying on the Province to work with the organization. Ms. Ladd advised that the primary purpose of the organization is to market Waterloo Region, pointing out that the Province does not individually market municipal tourist destinations and is why they have created the larger Regional areas to draw attention to a broader spectrum. She added that the organization does not do a lot of global marketing; however, they do collaborate with the CTT who undertake international missions and tourism is an aspect of CTT's presentations. Ms. Ladd also noted that the WRTMC and the CTT are co-located in one building, sharing staffing and marketing resources and partnering in international promotion of the Region. Councillor Janecki questioned if emerging travel markets is part of the CTT's objective. Ms. Ladd advised that in respect to this aspect of tourism outlook the aim is at developing new tourism products to attract visitors from other countries. She reiterated that CTT has undertaken international missions to other countries and in doing so, they look at opportunities as to where visitors may come from and what interests they may have that would draw them to the Region. Councillor Y. Fernandes requested clarification of the amount of leveraged unpaid media expected in 2011 at $1.5M versus $200,000 in 2010. Ms. Ladd advised that this has resulted from filling of the leadership vacancy, pointing out that the new General Manager is excellent FINANCE AND CORPORATE SERVICES COMMITTEE NOVEMBER 28. 2011 - 158 - CITY OF KITCHENER 4. CAO-11-028 -WATERLOO REGION TOURISM MARKETING CORPORATION - EVALUATION (CONT'D) at finding funding opportunities and seeking out beneficial partnerships. Councillor Fernandes inquired what other funding sources the organization has other than membership fees. Ms. Ladd advised that each participating municipality provides grant funding and the organization also applies for grant funding from other sourced programming. She added that the organization has an approved staffing level of 3 FTEs of which there is currently one vacancy and they have elected not to fill the vacancy pending opportunity to collaborate with CTT on shared resources. Councillor S. Davey questioned if other participating municipalities are matching the proposed 2% increase in funding. Ms. Ladd advised that they will be asked to consider the same funding level but was uncertain if provision has been made within their operating budgets. She added that a decision on the amount of funding is not being asked for this date but rather Kitchener's funding level will be addressed as part of the 2012 operating budget deliberations. On motion by Councillor B. loannidis - itwas resolved: "That the City of Kitchener continue to provide funding and support for the continuation of the Waterloo Region Marketing Corporation (WRTMC) and that another evaluation be completed in 2015. " CSD-11-156 -RESIDENTIAL RENTAL LICENSING BY-LAW The Committee considered Community Services Department report CSD-11-156, dated November 21, 2011 in response to Council direction to staff to consider and report on a licensing scheme for residential rental properties. Mr. M. Fleming attended on behalf of residents of Lower Doon to encourage the City to pursue enactment of a Residential Rental Licensing By-law. He stated that he has been witness to single family dwellings being converted to student housing and properties are being marketed by the real estate industry as potential income generators. He added that homes are often converted by adding bedrooms and in some cases, another kitchen without regard to Building Code requirements or fire safety regulations. Mr. Fleming suggested that the by-law enacted by the City of Oshawa be examined, and that a similar by-law in Kitchener be enacted to ensure landlords comply with fire safety and building regulations. Councillor Y. Fernandes questioned the impact of parking and noise related issues experienced by Mr. Fleming. Mr. Fleming advised that he has had to call By-law Enforcement several times on both issues; adding that approximately 1/3 of the street he lives on has been converted to rental properties within the past 2 to 3 years. Councillor B. loannidis left the meeting at this time. Councillor P. Singh questioned how many in attendance this date lived outside of Lower Doon and Mr. Fleming advised that the majority are from within the Lower Doon area. Councillor Singh questioned if it is anticipated that a Licensing By-law would address issues related to parking and noise. Mr. S. Turner advised that a by-law would provide a level of accountability through a built in process that would hold the business owner accountable for their business operation and enforcement would be subject to appeal to a Licensing Tribunal. Councillor Singh raised concerns that a by-law would serve to punish the landlord who often has limited ability to deal with any uncooperative tenants. Mr. Turner advised that the intent is not to punish a landlord but rather to ensure co-operation by a landlord to do all that they can to assist in addressing certain issues on their property. Councillor Singh inquired as to how much of a problem this issue is outside of the Lower Doon area. Mr. Turner stated that the focus of looking at a licensing program should be on accountability to ensure fire safety, proper maintenance and other issues of concern are addressed on properties across the whole of the City as opposed to a specific area. He noted that fire safety is a concern across the City and parking and noise concerns have been experienced in other parts of the City, particularly in high density residential areas. FINANCE AND CORPORATE SERVICES COMMITTEE CSD-11-156 -RESIDENTIAL RENTAL LICENSING BY-LAW (CONT'D) Councillors P. Singh left the meeting at this time. Mr. S. Turner provided background information, noting that consideration of this issue originated from concerns raised from within the Lower Doon area regarding rental accommodations which are essentially being marketed to students of Conestoga College. He pointed out that there are constraints on enforcement relative to the right of entry and in addition, Provincial legislation provides that by-laws cannot be formulated to distinguish between related or unrelated individuals and the City cannot regulate which dwellings can be rentals or not, nor identify an area of land so as to prohibit or permit rentals. Mr. Turner cited an example of a fire in a single detached dwelling in Lower Doon which highlights the importance of ensuring rental accommodations are safe. Fire Services subsequently initiated a voluntary fire safety compliance program in Lower Doon and while there has been good participation, some landlords have not yet chosen to participate. It was noted that the Municipal Act was amended in 2007 that allows the City to regulate rental of residential dwellings through licensing and permits a by-law that distinguishes between geographic areas and/or by class and type of building. Mr. Turner advised that 5 by-laws have been enacted in Ontario in the Cities of London, Mississauga, Oshawa, Waterloo and most recently North Bay. He advised that the London by-law was challenged in Superior Court by the local Landlords Association but was upheld; however, a further appeal to the Ontario Court of Appeal is being made. He noted that the Oshawa by-law was the first to be enacted and is geographic in nature, specific to an area adjacent to Durham College and which limits the number of beds and invokes an annual licensing fee of $250. The Waterloo by-law becomes effective April 2012 and applies City-wide to all low density residential rental buildings with several classes of licenses dependent on the nature of the building. Mr. Turner pointed out that the Waterloo by- law originally sought to restrict the number of bedrooms retroactively to existing buildings which caused public outcry and a decision was subsequently made to grandfather existing legally licensed lodging houses. He noted that there is significant costs associated with their program, with the fee based on cost recovery and Waterloo is also in the process of recruiting 6 new full time positions to administer their program. Mr. Turner advised that if it is decided to move forward with this review, it is critical that Council clearly identify the focus and goal to be achieved, pointing out that all existing by-laws differ and there is `no one size fits all'. Mr. Turner added that the process to develop a by-law must include extensive public consultation given the potential to be contentious in nature; and in particular, all stakeholder expectations need to be managed to as what a licensing process may achieve and must include the Ontario Human Rights Commission (OHRC) as they have taken particular interest to ensure such by-laws do not target certain sectors of the rental population, nor negatively impact on the supply and affordability of rental units. Mr. Turner advised that going forward a decision needs to be made on key elements of a licensing program, including: types and classes of buildings; implications of a by-law geographic in nature; limits on bedrooms or bedroom areas; applying a by-law to owner/occupied rental units or focus on absentee landlord rental units; and a fee structure designed to achieve full cost recovery. Mr. Turner suggested that one option going forward would be for staff to consider the elements outlined and report back to Council with a proposed set of guiding principles for development of a draft by-law to guide the review process. Mr. Turner added that two implications of moving forward should be noted in that, a review of this nature will be time consuming and there will be cost implications associated with implementation of a licensing program as it cannot be administered within existing staff resources. Councillor Z. Janecki inquired if the other municipalities with existing by-laws have increased their staff complement to administer their programs. Mr. Turner advised that the City of Oshawa did increase their staff by 2, however, he was not certain if that was specific to enactment of their by-law. He added that the City of London did not increase staffing levels and operate their program on aself-regulated basis wherein the property owner is required to complete a checklist to certify that each rental unit complies with their Property Standards By- lawand must supply proof of annual fire inspections, as well as, proof of insurance, a floor plan and maintenance/parking plan. A nominal annual fee of $25. is assessed and London staff do periodic checks to determine if what the landlord declares is factual and to ensure the registry FINANCE AND CORPORATE SERVICES COMMITTEE NOVEMBER 28. 2011 - 160 - ~ 5. CSD-11-156 -RESIDENTIAL RENTAL LICENSING BY-LAW (CONT'D is accurate. Councillor Janecki questioned if London's by-law is successfully challenged how that may impact other existing by-laws. Ms. J. Sheryer stated that it would be difficult to comment without knowing the outcome of the appeal but noted that there are limitations on timing relative to the ability to challenge other municipal by-laws. Councillor F. Etherington questioned if the intent was to primarily focus on student housing and whether or not a by-law would improve the City's opportunity to enforce standards in rental accommodations. Mr. Turner advised that this would be dependent on a decision as to the housing type that would form the focus of a by-law, pointing out that there is no framework as yet in place. Councillor J. Gazzola questioned the feasibility of pursuing a by-law geographic in nature similar to the City of Oshawa rather than across the entire City. Ms. Sheryer advised that the OHRC raised concerns with the Oshawa by-law following its enactment and since that time other by-laws enacted have been less geographic in nature. She stated that this is something to be carefully considered notwithstanding the Oshawa by-law has not been challenged. Councillor Gazzola questioned if similar concerns regarding student housing have been raised in respect to the downtown area given the establishment of educational institutions such as the School of Pharmacy. Mr. Turner advised that there has been nothing to suggest that similar concerns as related to Lower Doon exist within the downtown. Councillor Gazzola questioned the impact of a City-wide by-law. Mr. Turner reiterated that this would be dependent on what is decided in respect to the type of building and/or classes of buildings, noting that some neighbourhoods/landlords may be exempt because similar issues are not evident. He added that in general a by-law geographic in nature is thought to be problematic; however, it would allow focus on a particular area of concern and regulations could be designed to address specific challenges. Councillor D. Glenn-Graham requested further clarification of what public consultation might entail, questioning if a variety of options would be presented to the public for consideration. Mr. Turner stated that this would be a good approach, suggesting that the process could be structured to focus on the pros and cons of options brought forward. He added that a community engagement strategy would be developed to ensure equal opportunity to all stakeholders, including landlords and the public to give their input. Councillor Glenn-Graham questioned if staff anticipate need to increase staffing levels. Fire Chief T. Beckett advised that Fire Services will have to review the scope of work in context of an increase in demand of their resources and either request additional staffing or look at re-scoping their work. Councillor Glenn-Graham questioned if the annual fee as based on cost recovery would off-set costs associated with additional staff. Mr. Turner advised that any subsequent report going forward will include implications regarding additional staffing that may be collectively required across affected Divisions. Mayor C. Zehr acknowledged that there is need to better address the area of Lower Doon and also agreed with the need to determine the focus of a by-law; however, he was not yet at a point where he could decide as to whether a by-law should be City-wide or geographic in nature. He questioned if a municipal by-law could be challenged at any time. Ms. J. Sheryer advised that there is a specified timeframe in which a municipal by-law may be challenged. Mayor Zehr questioned if the Oshawa by-law was beyond the timeframe for challenge. Ms. Sheryer advised that the by-law as a whole would be beyond the timeframe but cautioned that further clarification may include matters of confidentiality and suggested the Committee may wish to consider recessing to an in-camera meeting if further information is desired. Mayor Zehr suggested that in deciding the focus of a Kitchener by-law there may be need for Council to receive legal counsel in an in-camera session and on that basis he proposed to defer the matter. A motion by Mayor C. Zehr was brought forward to defer consideration of the staff recommendation in Community Services Department report CSD-11-156 dealing with further investigation of a residential rental licensing program, to the January 9, 2012 Finance and Corporate Services Committee meeting to allow legal counsel to be received. FINANCE AND CORPORATE SERVICES COMMITTEE NOVEMBER 28. 2011 - 161 - ~ 5. CSD-11-156 -RESIDENTIAL RENTAL LICENSING BY-LAW (CONT'D Mayor Zehr suggested that if at that time a decision is made to move forward, when the matter comes back it is likely to take substantial time to consider and suggested that a separate meeting should be scheduled. In any event, he noted that nothing is likely to be in place before the latter part of 2012 and deferral at this time would not have an adverse impact but would allow the time needed to receive legal counsel. Councillors J. Gazzola and Y. Fernandes advised that they would not support deferral of this matter. Mayor Zehr's motion to defer was then voted on by a recorded vote and LOST on a tie vote, with Mayor C. Zehr and Councillors S. Davey, K. Galloway and F. Etherington voting in favour and Councillors J. Gazzola, D. Glenn-Graham, Z. Janecki and Y. Fernandes voting in opposition. Councillors B. loannidis, P. Singh and B. Vrbanovic were absent at time of voting. Councillor Y. Fernandes questioned how many landlords have complied with the voluntary fire safety compliance program in Lower Doon. Mr. T. Ruggle advised that approximately 2/3 have participated and many have indicated that a licensing program would provide clarity as to what constitutes student housing and the regulations that would apply. The remainder of landlords that have not participated in the voluntary program have issues either with scheduling inspections and/or are not willing to participate. Where co-operation is not being received, Fire Services will pursue independent assessments through appropriate legislation to determine if action is required for those properties. Councillor Fernandes questioned if a by-law would assist in achieving full compliance across the City. Mr. Ruggle advised that in assessments Fire Services looks for a reasonable use of a property in terms of what is was designed for. Councillor Fernandes questioned what would occur in the event a by-law of this nature is not enacted. Mr. Turner advised that staff would undertake to address concerns within the perimeter of existing regulations and assess the need for change to those regulations that may assist in how issues of concern are addressed. On motion by Councillor Y. Fernandes, the staff recommendation contained in report CSD-11- 156 was brought forward for consideration, to direct staff to further investigate a residential rental licensing program and provide an overview of potential guiding principles and elements of a review process; and the implications on staff resources be provided within the 2012 Business Planning cycle resulting from the process of review. Mayor C. Zehr suggested that wording of the first sentence should be modified to effect that Council is electing to proceed and asked that the word "investigation" be changed to "information". He stated that this process should be taken one step at time before committing to an ultimate end, suggesting that other options should be looked at as well, including what options within existing regulations and by-laws there may be should a licensing program not be approved. Councillor J. Gazzola supported the motion as originally put forward, suggesting that there are two concerns, being fire safety and minimizing the impact of rental properties to neighbourhoods. He stated that it would be his assumption that the staff report to come forward would provide all options and alternatives and he was of the opinion that an amendment to the motion in this regard was unnecessary. Mayor Zehr commented that in that case there would be no harm in amending the motion to specify that other options and alternatives be presented as it is assumed that it will be provided in any event. A motion brought forward for consideration by Mayor C. Zehr to amend Councillor Fernandes' motion by modifying the wording of the first sentence to effect that Council is electing to proceed with a review, the word "investigation" be changed to "information", and staff be directed to include in their report to Council other options and/or alternatives, including those within existing regulations and by-laws should a licensing program not be approved, was voted on and Carried. FINANCE AND CORPORATE SERVICES COMMITTEE CSD-11-156 -RESIDENTIAL RENTAL LICENSING BY-LAW (CONT'D) On motion by Councillor Y. Fernandes - itwas resolved: "That staff be directed to provide further information on a residential rental licensing program including an overview of potential guiding principles and the various elements of the review process for such a licensing program; as well as, other options and/or alternatives, including those within existing regulations and by-laws, should a licensing program not be approved; and further, That staff advise Council of the implications on staff resources, within the 2012 Business Planning cycle, resulting from a process to review a residential rental licensing program for the City of Kitchener." 6. ADJOURNMENT On motion, the meeting adjourned at 3:05 p. m. J. Billett Committee Administrator