Loading...
HomeMy WebLinkAbout2012-01-30FINANCE AND CORPORATE SERVICES COMMITTEE JANUARY 30, 2012 CITY OF KITCHENER The Finance and Corporate Services Committee met this date commencing at 1:05 p.m. Present: Councillor S. Davey - Chair Mayor C. Zehr and Councillors J. Gazzola, Y. Fernandes, P. Singh, B. Ioannidis, Z. Janecki, F. Etherington and D. Glenn-Graham. Staff: C. Ladd, Chief Administrative Officer D. Chapman, Deputy CAO, Finance & Corporate Services J. Willmer, Deputy CAO, Community Services P. Houston, Deputy CAO, Infrastructure Services R. Regier, Executive Director, Economic Development R. Bunn, Chief Information Officer, Director of Information Technology R. Gosse, Director, Legislated Services & City Clerk G. Murphy, Director of Engineering L. Johnston, Director of Communications R. Hagey, Interim Director, Financial Planning J. Sheryer, Assistant City Solicitor P. Harris, Manager of Licensing N. Golan, Manager, Storm water Utility J. Billett, Committee Administrator D. Saunderson, Committee Administrator FCS-12-012 - 2012 STREET VENDOR BY-LAW 1. The Committee considered Finance and Corporate Services Department report FCS-12-012, dated January 20, 2012, concerning a new by-law to license Street Vendors in the City of Kitchener for 2012. Councillor D. Glenn-Graham requested clarification on the rationale of the By-law and in particular, the restrictions placed on local artists. He expressed the opinion that local artists would add significant value to the Downtown atmosphere and would not be permitted to participate in special events specifically in front of City Hall due to Speakers Corner’s being the only permitted location listed. He stated that notwithstanding concerns regarding competition with other businesses it was his opinion that having artists on the street would be beneficial to the Downtown atmosphere. Ms. P. Harris advised that the Street Vendor By-law was established 21 years ago and the By- law typically deals with the licensing of hot dog carts and their permitted locations. She stated that the concern for local artists being permitted to participate in special events is dealt with through a different licensing By-law. A motion was brought forward by Councillor D. Glenn-Graham for consideration to amend the Street Vendor By-law to remove the provision regarding the portrait artists. Councillor Glenn-Graham advised that due to the infrequent number of licensing requests by local portrait artists Council could deal with these on an ad hoc basis. He reiterated that they would be beneficial and are not likely to compete with businesses; and therefore, should not be restricted to specifically Speakers Corner’s. Mr. R. Gosse further advised that licensing staff have discussed the Street Vendor By-law with Economic Development staff who would also like to see additional flexibility included in the By- law. He noted that potential amendments to the by-law can be considered and requested that the By-law be approved in its current form pending a subsequent report from staff as to a potential alternative. Councillor Glenn-Graham agreed with this approach and withdrew his motion. On motion by Councillor B. Ioannidis - it was resolved: “That a by-law to licence Street Vendors in the City of Kitchener be prepared for Council’s consideration on February 6, 2012.” FINANCE AND CORPORATE SERVICES COMMITTEE JANUARY 30, 2012 - 60 - CITY OF KITCHENER FCS-12-005 - PEOPLESOFT / ORACLE CONTRACTS 2. The Committee considered Finance and Corporate Services Department report FCS-12-012, dated January 9, 2012, concerning a request to execute an amendment to the licensing agreement between the City of Kitchener and Oracle Corporation Canada Inc. In response to questions, Ms. R. Bunn stated that the Peoplesoft program maintains the payroll system for the entire Corporation, including all of the student and temporary employees. Ms. J. Sheryer further explained that every time the number of employees exceeds the previous contract agreement by 440 employees there is an additional charge to the municipality for its use. She added that there hasn’t been an overall increase to the number of employees hired; rather there are a number of part time, students and temporary employees that are required to be in the system. She further advised that the last time the licensing fee was increased due to the number of employees currently on the system was 2007. In response to questions regarding the licensing fee amounts, Ms. Sheryer advised that the contract amount would be considered confidential information and she would follow up with Council on this matter. On motion by - Councillor B. Ioannidis it was resolved: “That the Mayor and Clerk be authorized to execute an amendment, satisfactory to the City Solicitor, to the City’s software licensing agreement with Oracle Corporation Canada Inc. allowing the Oracle/PeopleSoft application (software) to be used for an increased number of employees; and, That the Mayor and Clerk be authorized to execute an agreement for the provision of one year of maintenance and technical support services for the Oracle/PeopleSoft application with Oracle Corporation Canada Inc., provided such ordering document is satisfactory to the City Solicitor; and further, That the Director of Human Resources be delegated authority to execute maintenance and technical support agreements respecting the Oracle/PeopleSoft application, provided such agreements are satisfactory to the City Solicitor.” FCS-12-013 - LIQUOR LICENCE CONDITIONS - THE HONEST LAWYER 3. 305 KING STREET WEST - The Committee considered Finance and Corporate Services Department report FCS-12-013, dated January 23, 2012, concerning an amendment to the specified conditions of a liquor licensing agreement between the City of Kitchener and the owner of the 2306776 Ontario Inc. operating as The Honest Lawyer. The Committee was in receipt this date of correspondence from Mr. Ed D’Agostino, dated January 30, 2012, regarding the proposed liquor license for The Honest Lawyer and various excerpts demonstrating their concerns with Council’s resolution dated January 16, 2012. Mr. R. Gosse stated that at the Council meeting of January 16, 2012, Council considered Finance and Corporate Services Department report FCS-12-003, recommending that no action be taken to oppose the application of the liquor license for the business operating as The Honest Lawyer; subject to the applicant entering into an agreement with the City that would include conditions to their license. At that meeting Council passed a resolution including three additional conditions in addition to the standard conditions imposed on the City’s liquor licenses for establishments in the downtown. He stated that since that meeting the applicant has indicated that they will not enter into an agreement with the approved conditions set by Council. He noted that without an agreement the previous decision is moot, and staff are now seeking direction from Council on what action, if any, they would like to pursue, noting that three potential options have been provided. Mr. Ed D’Agostino, representative of The Honest Lawyer and Ms. Renee Roth, Operations Manager, The Honest Lawyer gave a presentation requesting that their liquor license request be reconsidered and that Council ultimately approve a license without conditions. Mr. FINANCE AND CORPORATE SERVICES COMMITTEE JANUARY 30, 2012 - 61 - CITY OF KITCHENER FCS-12-013 - LIQUOR LICENCE CONDITIONS - THE HONEST LAWYER 3. 305 KING STREET WEST (CONT’D) - D’Agostino stated that Council has set out a priority in Kitchener’s Strategic Plan to achieve a dynamic Downtown. He noted that The Honest Lawyer is an establishment that would in his opinion, enhance the Downtown environment that the City is seeking to achieve. He commented that typically liquor license conditions are imposed on businesses when they have experienced violations or infractions to any of the established operating regulations. He commented that The Honest Lawyer has been operating in 5 different communities for over 14 years. He stated that there has never been a complaint or violation in regards to any of those establishments and they pride themselves on having well trained management and staff to ensure the continued success of their business. Mr. D’Agostino stated that there are procedures and mechanisms to enable restrictions to be placed on liquor licenses, citing an example in Kitchener of Lucky’s Wings. He referred to Bobby O’Briens and there comments concerning having a level playing field, noting that restrictions had also been placed on their business because of a history of complaints or non-compliance issues. Mr. D’Agostino suggested that it was not appropriate to request The Honest Lawyer to be on a level playing field with a business that had restrictions imposed because of non-compliance. Mr. D’Agostino expressed his concerns specifically with the approved conditions restricting the facility from serving alcohol on the patio past 1:00 a.m. and the sale of alcohol to food ratio being restricted to 50%. He stated that it is their corporate policy to close the outdoor patio 15 minutes prior to the 2:00 a.m. closing time. He stated that the operators would like to have the opportunity to sell alcohol on the patio until 1:30 a.m. rather than the approved time of 1:00 a.m. He also questioned how the City would enforce and / or monitor the condition restricting the restaurant to a 50% alcohol to food sales ratio. He expressed the view that it could not be enforced, as there is no identifiable consequence. He reiterated that The Honest Lawyer has not had a single complaint in 14 years in any of their other establishments and imposing restrictions at this time would be premature. In response to questions, Mr. D’Agostino indicated that The Honest Lawyer operates more closely aligned to a restaurant with an emphasis on entertainment rather than a nightclub. He commented that the operator has leased the facility at 305 King Street West for 30 years and they would like to create an establishment that is known for their greater corporate atmosphere where the preferred demographic is largely between the ages 25 to 65. Ms. R. Roth added that their marketing brand promotes the facility as a corporate playground and, although they do not restrict entrance to that specific demographic, they arrange their pricing competitively to be more appealing to corporate cliental. Mayor C. Zehr requested clarification in respect to comments made in the brief provided that reference whether or not full disclosure has been given by Mr. D. Moore as to why Bobby O’Briens must close there outdoor patio at 1:00 a.m. Mr. D’Agostino stated that from newspaper reports it was his understanding that the reason was due to the patio’s overall size, but could not confirm that. Mayor C. Zehr questioned how the percentage of alcohol to food sale ratios is derived by staff. Ms. P. Harris advised that the applicant is requested to provide the percentage on the liquor license application and whatever percentage they include on their application is the figure used in formulating the condition. Ms. Roth confirmed that when she was completing the application form she was requested to provide a menu and a percentage of alcohol to food sales; and the percentage provided was to ensure that the City was aware that the establishment is more reflective of a restaurant than a bar. She added that in actual fact it was her opinion that the ratio is closer to 60% alcohol to 40% food. Mr. Darryl Moore, operator of Bobby O’Brien’s, provided background on the Downtown stating that there used to be 17,000 licensed seats in the core. He noted that there used to be a greater concern for such things as: volume of people on the street at 2:00 a.m.; noise / live or amplified music; and issues related to fencing in regard to the ability of patrons to pass alcoholic beverages to someone outside the patio. He stated that a liquor license review committee was established to try and mitigate these concerns and they helped to establish the proposed conditions that were ultimately imposed on Bobby O’Brien’s. The conditions included: fencing to restrict passing of alcohol; closing of the patio at 12:15 a.m.; noise FINANCE AND CORPORATE SERVICES COMMITTEE JANUARY 30, 2012 - 62 - CITY OF KITCHENER FCS-12-013 - LIQUOR LICENCE CONDITIONS - THE HONEST LAWYER 3. 305 KING STREET WEST (CONT’D) - conditions; and, due to the size of the establishment, hiring of paid off duty officers. Mr. Moore advised that he subsequently applied to the AGCO to amend his conditions to allow serving of alcohol on the up to 1:00 a.m. which was approved.He added that with such a large patio he has had no desire to apply to amend the serving time to 1:30 a.m. as the 1:00 a.m. time has assisted in dealing with the large volumes of people. He indicated that if Council chooses to approve The Honest Lawyers licence with a serving time of 1:30 a.m. he would likely seek an amendment for Bobby O’Briens patio as well. Councillor Y. Fernandes requested clarification from Mr. Moore on how many establishments he was responsible for overseeing and the hours of operation. Mr. Moore stated that he manages five other businesses in the Downtown other than Bobby O’Briens. He added that the nightclubs open at 10:00 p.m. and close at 2:00 a.m. and the restaurants open for lunch and close at 2:00 a.m. Councillor D. Glenn-Graham questioned whether Mr. Moore had any additional concerns to the liquor licensing conditions other than The Honest Lawyer’s request to permit alcohol sales on their patio till 1:30 a.m. Mr. Moore advised that he was also concerned with the requirement for fencing to prevent alcohol from being passed and how the City will monitor the alcohol to food sales ratio. Councillor F. Etherington requested clarification from Mr. Moore on whether knew how many licensed seats are presently Downtown. Mr. Moore stated that he could not say with complete accuracy, but suggested the figure is likely around 11,000. Ms. Harris clarified that the number is closer to 9,000 licensed seats. Mayor C. Zehr suggested that this matter be deferred to Council on February 6, 2012, to allow members of Council an opportunity to visit one of The Honest Lawyer’s establishments and for Councillors who are not present this date to have an opportunity to comment prior to final approval. He stated that he could support amending the conditions to the license given the business has a successful reputation and fits within the Downtown Strategy. Councillor J. Gazzola requested clarification on whether additional conditions could be imposed on the establishment after it is operating in the event issues arise. Ms. J. Sheryer stated that this was the most likely opportunity to impose conditions, with the only other opportunity the City may have is through a hearing under the business licensing process. Councillor J. Gazzola requested clarification for the reasons additional conditions were imposed on Bobby O’Briens. Ms. Harris stated that there were a number of reasons, one of which related to the number of bar seats in proximity to the patio; as well as, violations of non- compliance which is why the AGCO applied the conditions through a hearing process. Councillor Gazzola stated that he was prepared to make a decision this date. Councillor D. Glenn-Graham expressed support for deferral as it was his view it would provide time to take a holistic approach in respect to the issue of a level playing field. Councillor Z. Janecki requested clarification in regard to the issue of the alcohol to food sale ratio. Ms. Sheryer advised that it would be up to the liquor license inspector to conduct a review of any complaints but was unsure of the exact mechanism they would use to determine non-compliance. She noted in the case of liquor licenses within the City, the percentages are more of a guideline to determine whether the business actually has a restaurant use incorporated. A motion by Mayor C. Zehr was brought forward for consideration to amend Council’s resolution of January 16, 2012 to modify conditions 3 & 4 to the proposed agreement with The Honest Lawyer by changing the ratio of alcohol to food sales from 50% to 60%; and, by changing the closing time for the patio from 1:00 a.m. to 1:30 a.m. A motion by Councillor J. Gazzola was brought forward to amend Mayor C. Zehr’s motion to permit the outdoor patio to have a closing time of 2:00 a.m. FINANCE AND CORPORATE SERVICES COMMITTEE JANUARY 30, 2012 - 63 - CITY OF KITCHENER FCS-12-013 - LIQUOR LICENCE CONDITIONS - THE HONEST LAWYER 3. 305 KING STREET WEST (CONT’D) - Lost Councillor Gazzola’s amending motion was then voted on by a recorded vote and , with Councillors J. Gazzola and Z. Janecki voting in favour; and Mayor C. Zehr and Councillors D. Glenn-Graham, Y. Fernandes, S. Davey B. Ioannidis, P. Singh and F. Etherington voting in opposition. Councillors K. Galloway and B. Vrbanovic were absent this date and accordingly did not vote. Carried Unanimously by all The following motion was then voted on by a recorded vote and members present. On motion by Mayor C. Zehr - it was resolved: “That notwithstanding the resolution of Council dated January 16, 2012, conditions 3 and 4 to the proposed agreement to be entered into relative to a liquor license application for 2306776 Ontario Inc. operating as the Honest Lawyer Restaurantainment, located at 305 King Street West, be amended to provide the following: 3. to abide by a set 60% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries), in other words alcohol sales will be limited to 60% of gross refreshment sales; and, 4. to stop serving alcohol by 2:00 a.m. daily, with the outdoor patio area to have a closing time of 1:30 a.m. and cleared of all patrons by 1:45 a.m.” INS-12-006 - SHOWCASING WATER INNOVATIONS GRANT AWARD 4. The Committee considered Infrastructure Services Department report INS-12-006, dated January 20, 2012, concerning funding agreements under the Ministry of the Environment’s Showcasing Water Innovations Grant program. th Mr. N. Gollan stated that on April 29, 2011, the province announced a new funding program called Showcasing Water Innovations. It is a program meant to fund leading-edge, innovative and cost-effective solutions to managing drinking water, wastewater and storm water systems in Ontario communities. He advised that municipalities are eligible to receive up to 50% funding for qualifying programs, to a maximum of $1M. Mr. Gollan indicated that the City has been awarded two grants totalling just under $2M. He commented that Engineering staff submitted applications on behalf of: RAIN: An Ecological Approach to Storm water Management in Kitchener and Waterloo; and, Beyond the Landfill: Finding Better Uses for Storm water Pond Sediments. He advised that the RAIN program will complement the recommended storm water credit policy in developing a community outreach and educational program for residential and non-residential properties. Secondly, the Beyond the Landfill: Finding Better uses for Storm water compliments the Victoria Park Lake Improvements and the long term goal of storm water utility to reduce costs associated with the maintenance and retro- fit of existing storm water facilities. Additionally he noted that a three year co-operative trial with the Region of Waterloo is proposed to determine if impacted sediments from storm water ponds can be converted to top soil, reducing the City’s tipping fees associated with these materials. Councillor J. Gazzola requested clarification on the awarded funding for the RAIN program and whether the grant would off-set a currently approved Capital program. Mr. Gollan stated that $600,000 has been identified for the Storm Water credit payments in the existing budget. The RAIN program has been granted $1M and the City must match the awarded funding. Councillor J. Gazzola questioned what the $1M in funding was to be allocated for and how it would assist in execution of the program. Mr. Gollan advised that the grant would allow for the larger educational and home consultation program, where technical inspectors would conduct residential audits to identify storm water initiatives they could adopt; as well as, education on best storm water management behaviours. Councillor J. Gazzola questioned how many storm water ponds there are throughout the City and whether there is currently a program in place to clean and test the overall quality of the FINANCE AND CORPORATE SERVICES COMMITTEE JANUARY 30, 2012 - 64 - CITY OF KITCHENER INS-12-006 - SHOWCASING WATER INNOVATIONS GRANT AWARD (CONT’D) 4. ponds water and sediments. Mr. Gollan advised that in previous years there had not been a proactive approach to pond maintenance. He noted that in some cases ponds were maintained in partnership with a Capital project; repaired due to a pond failure; or maintained through an identified need to be proactive. He commented that the Victoria Park Lake identified a larger need for a storm water initiative and the storm water rate was adopted due to the deficiency in maintenance and required funding. Councillor J. Gazzola requested additional clarification on the sediment removal from Victoria Park Lake and how it is being disposed of currently. Mr. Gollan advised that the City has negotiated with the Region for a designated location in the landfill to study whether the contamination within the sediment will break down naturally. The intent of the study is to gather evidence to demonstrate that the sediment could be reused and to lobby the province for regulatory changes to effect a more cost effective process. Councillor J. Gazzola questioned of the amount budgeted for the Victoria Park Lake project what is the cost for shipping and tipping fees related to removal of the sediment. Mr. Gollan advised that $4.4M has identified for the project and would follow up with Council to provide a break down of costs. Councillor Z. Janecki if approval of the funding agreement is premature because Council has not yet approved the Storm Water Credit Policy.Mr. Gollan advised that approval to execute the funding agreements does not imply that the Storm Water Credit Policy is also approved. Councillor Y. Fernandes requested clarification on whether the province would still award the grant funding without an approved Credit Policy in place. Mr. Murphy advised that he could not comment on whether the province would still award the grant funding without an approved Credit Policy; however, staff could provide a response back to the province regarding the grants, including Council’s direction on the Storm Water Credit Policy. It will ultimately be the provinces discretion on whether they still choose to award the funding. He reiterated that Council’s approval of the Storm Water Credit Policy is not dependent on staff’s ability to enter into an agreement with the Ministry for the grant funding. Councillor Y. Fernandes questioned whether there would still be enough money in the budget if the province chose to revoke their grant funding pending the deliberated outcome of the Credit Policy. Mr. Murphy indicated that there has been $600,000 allocated in the 2012 budget for storm water credit rebates; however, the additional funding will allow the City to kick start the Credit Program to develop an initial pilot program involving home evaluations. He added that the resulting pilot program can be used to share information with other cities putting Kitchener in a leading role. Councillor D. Glenn-Graham questioned whether the City would see any savings to money already budgeted in 2012 due to the grants. Mr. Gollan advised that there will be some budget savings in the Victoria Park Lake projects due to the awarded funding. Councillor P. Singh requested clarification on whether the awarded funding for the RAIN project would be received directly by the City, or whether it would be used to compensate the external partners on the storm water initiative. Mr. Gollan responded that the majority will go to the City’s partner to develop and deliver the RAIN program and roughly $30,000 will remain with the City and be used to help with staffing costs to implement the Credit program. Councillor Mayor C. Zehr commended staff on taking the initiative in applying for the grant funding and noted that it is to the City’s benefit as this is work that needs to be done in any event and the grant funding is assisting in reducing some of the costs. On motion by Mayor C. Zehr - it was resolved: FINANCE AND CORPORATE SERVICES COMMITTEE JANUARY 30, 2012 - 65 - CITY OF KITCHENER INS-12-006 - SHOWCASING WATER INNOVATIONS GRANT AWARD (CONT’D) 4. “That the Deputy CAO of Finance and Corporate Services be authorized to execute the two (2) Funding Agreements with the Ministry of the Environment to the satisfaction of the City Solicitor for the following two (2) projects: 1. RAIN: An Ecological Approach to Storm Water Management in Kitchener and Waterloo; 2. Beyond the Landfill: Finding Better Uses for Storm water Pond Sediments; and further, That a Deputy CAO be authorized to sign any other requisite agreements with project partners to the satisfaction of the City Solicitor.” INS-12-020 - STORM WATER CREDIT PROGRAM - FINAL REPORT 5. The Committee considered Infrastructure Services Department report INS-12-020, dated January 23, 2012, concerning recommendations to implement a storm water credit program. In addition the Committee was in receipt this date of a fee schedule for the Grand Hill Village Association properties. The fee schedule outlines their potential credit amounts in the proposed structure of the Storm Water Credit Policy, including a comparison of their 2011 City tax versus 2012 with the inclusion of the storm water rate. Councillor Y. Fernandes stated that members of the Environmental Committee had an initial presentation in October 2011, at which time the preferred alternative was not known and submitted comments based on the initial presentation. She expressed concerns that the Committee was not consulted to give input on the preferred alternative. Mr. N. Gollan gave a follow up presentation on the implementation of the Storm water Credit Policy, advising that at Finance and Corporate Services Committee dated January 9, 2012, staff presented a recommendation for the City’s Storm water Credit Policy contained in report INS-12-001. He noted that during that meeting Council expressed their concerns for the direction of the policy and requested additional information on the impact to residential homeowners. He provided some additional background information advising that in June 2010, both the City of Kitchener and the City of Waterloo approved the implementation of a storm water utility rate and since then staff have: provided Council a detailed Work Plan; hosted two public open houses; and, provided progress reports on the status of the project. He commented that the attendance at the public open houses was approximately 100 residents, of which 80% of the attendees comments favoured a Credit Policy for all property owners. Mr. Gollan advised that the overall objective of the Storm Water Rate Credit Policy is to encourage homeowners to adopt storm water management options on their properties to reduce their runoff volumes and pollutants on the City’s Storm water Management System. He indicated that staff is aware of properties that already have systems in place to mitigate their impacts on the storm water system and stated that those initiatives will qualify them for storm water credits. He further advised that staff have proposed two policy options: the first dealing with non-residential properties and multi-residential (greater than 5 dwelling units); and, other residential (5 or less dwelling units). He stated that each of the credit policies have been tailored to address specific issues. Mr. Gollan noted that the credit policy percentages are based on a 2 year storm with any larger or less frequent event resulting in runoff coming from all properties and entering the municipal storm water system. These larger events will still have impact from residential property owners even though there may be the presence of a SWM facility because the ground may become saturated and no longer be able to absorb all of the property’s runoff. He further advised that the City has spent the majority of 2011 completing research; analyzing; consulting with the public; and, reporting to committees. There has been a significant due diligence on the part of staff to begin implementation of the Storm Water Credit Policy. He stated that staff has currently identified July 1, 2012 as a start date, and any approval delays beyond the end of January 2012 will result in a delay of the implementation date. Mr. Gollan indicated that staff FINANCE AND CORPORATE SERVICES COMMITTEE JANUARY 30, 2012 - 66 - CITY OF KITCHENER INS-12-020 - STORM WATER CREDIT PROGRAM - FINAL REPORT (CONT’D) 5. realize that there has been some dissatisfaction with the policy as it stands; however, there are several residents that have identified value in the policy and the approach that is being proposed. He stated that staff is prepared to implement the program in its current form recognizing that adjustments will need to be made to the policies as we learn more about the uptake of the program and its effects on the community. Councillor J. Gazzola suggested that this matter be deferred the to the next Committee meeting to allow staff an opportunity to further consult with the residents of the Grand Hill Village Association, regarding the provided fee schedule, and the City’s Environmental Committee. He stated that there are still many concerns that have been identified that have not yet been addressed and as Council has approved the Storm Water Rate with the provision that the Credit Policy would be retro-active back to January 1, 2011, any additional deferrals would not negatively impact implementation of the Credit system. Councillor Y. Fernandas stated that she could support the deferral to allow further consultation with the Environmental Committee at its meeting scheduled for February 16, 2012. Councillor D. Glenn-Graham stated that he could support the deferral. He noted that there is no doubt that a Storm Water Credit Policy will be implemented; however, he expressed concerns that some homeowners who feel they should be exempt will only be entitled to a maximum credit of 45%. Councillor Z. Janecki questioned whether the homeowners in the Grand Hill neighbourhood were provided the fee schedule.Mr. Murphy advised that staff have tried to contact their Association representative without success but indicated that one area resident has advised that they intend to make a presentation at the February 6, 2012 Council meeting. Councillor Z. Janecki expressed support for the deferral to allow interested parties the opportunity to speak to the fee schedule. Councillor S. Davey requested clarification on the Showcasing Water Innovations Grant award and whether a deferral would impact the City’s ability to receive the approved funding. Mr. Murphy stated that he could not speak on behalf of the province but the deferral recommendation as proposed could still be forwarded to the province to show Council’s intentions to approve a Storm Water Credit Policy. Mayor C. Zehr questioned whether the proposed motion to defer should identify a date in which Council intends to deal with the Credit Policy, to demonstrate to the province that this is still an active initiative that Council is pursuing. Mr. Murphy advised that actions taken to date have indicated Council’s intent to develop a Policy and suggested that a deferral motion could indicate Council’s intent to further consider the matter at the February 27, 2012 Standing Committee meeting. Mayor C. Zehr requested additional clarification on the implementation date and what impact a st deferral would have on the July 1, 2012 execution date. Mr. Gollan advised that a deferral to February 27 would likely delay the implementation to September 1 rather than August due to staffing challenges over the summer months and significant work that would have to be done on the billing system. Councillor S. Davey questioned what additional information members of Council are specifically requesting to ensure that there is clarity as to expectations for the February 27 Committee meeting. Councillors J. Gazzola and Y. Fernandes stated that they would not require any additional information themselves but would like staff to further consult with the Grand Hill Neighbourhood Association; and the Environmental Committee. Carried The following motion was then voted on by a recorded vote and , with Councillors J. Gazzola, D. Glenn-Graham, Y. Fernandes, S. Davey, Z. Janecki, P. Singh voting in favour; and Mayor C. Zehr and Councillors B. Ioannidis, and F. Etherington voting in opposition. FINANCE AND CORPORATE SERVICES COMMITTEE JANUARY 30, 2012 - 67 - CITY OF KITCHENER INS-12-020 - STORM WATER CREDIT PROGRAM - FINAL REPORT (CONT’D) 5. On motion by Councillor J. Gazzola - it was resolved “That the following recommendation contained in Infrastructure Services Department be deferred to the February 27, 2012, report INS-12-020, dated January 23, 2012, Finance and Corporate Services Committee meeting, to allow staff an opportunity for dialogue with all interested parties, including: the Grand Hill Village Neighbourhood Association and the City’s Environmental Committee: ‘That storm water credit schedules as specified in Appendix B and C of report INS-12-001 be approved and come into effect on July 1, 2012 with eligible credits applied retroactively to January 1, 2011; and, That the proposed by-law in Appendix D of report INS-12-001, amending the existing By-law 2011-153 (Storm water Charge By-law) be approved; and further, That one (1) engineering technologist position (full-time), one (1) program assistant position (full-time), and two (2) engineering co-op student positions (May-August annually) be hired beginning in January 2012 so as to enable the advance of storm water related programs and the storm water credit program.’ ADJOURNMENT 6. On motion, the meeting adjourned at 3:19 p.m. D. Saunderson Committee Administrator