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HomeMy WebLinkAbout2013-02-25 FINANCE AND CORPORATE SERVICES COMMITTEE FEBRUARY 25, 2013 CITY OF KITCHENER Present: Councillor P. Singh - Vice-Chair Mayor C. Zehr and Councillors D. Glenn-Graham, B. Ioannidis, Z. Janecki, Y. Fernandes, K. Galloway-Sealock, F. Etherington, S. Davey, and J. Gazzola Staff: J. Willmer, Chief Administrative Officer D. Chapman, Deputy CAO, Finance & Corporate Services J. Witmer, Acting Deputy CAO, Infrastructure Services M. May, Deputy CAO, Community Services C. Tarling, Acting Director, Legislated Services & City Clerk L. Johnston, Director of Communications P. Harris, Manager, Licensing C. Bluhm, Manager, Downtown Community Development J. Billett, Committee Administrator CAO-13-006 - DOWNTOWN PATIO ENCROACHMENT POLICY 1. The Committee considered Chief Administrator’s Office report CAO-13-006, dated February 15, 2013, concerning changes to the Agreement Condition and Execution section of Council Policy Number 1-1205. Councillor J. Gazzola requested clarification of the fees to be collected. Mr. C. Bluhm advised that there are 2 primary fees being an annual licence fee and a one time building permit fee. Councillor Gazzola questioned if the City receives a form of rent annually for the encroachments and Mr. Bluhm advised that only the annual fee for an extension to the business license is received for the patios, and is a fee over and above the normal license fee for the business. Councillor Gazzola questioned why the proposed comprehensive review of the policy would not be completed prior to proceeding with this request. Mr. Bluhm advised that it is not anticipated there will be any great change to the policy resulting from the review. He added that this matter relates primarily to the conditions of operation and having perpetual agreements will save substantial staff time. Mr. Bluhm pointed out that if changes are required the agreements can still be modified. On motion by Councillor K. Galloway-Sealock - it was resolved: “That subsection (b) of the Agreement Conditions and Execution section of Council Policy Number I-1205 (Outdoor Patio Encroachments) be amended to change the commencement of the regular patio season from “the date of the agreement” to “the date set by the Manager of Maintenance and Operations on an annual basis”; and the remainder of Chief Administrator’s Office report CAO-13-006 be received for information.” CAO-13-007 - AMENDMENTS TO THE LEASE AGREEMENT 2. - CHARLES & BENTON PARKING GARAGE RETAIL SPACE, UNIT #2 The Committee considered Chief Administrator’s Office report CAO-13-007, dated February 20, 2013, concerning changes to the Lease Agreement for Charles & Benton Parking Garage retail space, unit #2. Councillor S. Davey questioned if staff is satisfied with the financial viability of the business and if the improvements to be done utilizing the loan funds will be of use to the City if a problem arises in repayment of the monies. Mr. C. Bluhm advised that staff is satisfied with the financial viability of the business and the leasehold improvements related to the loan involve construction of 2 washrooms which will become the property of the City at conclusion of the lease. Councillor J. Gazzola inquired if this is a secured loan and what interest rate is to be charged on the loan. Mr. D. Chapman advised that essentially this is a leasehold improvement allowance rather than a secured loan and the interest rate will be set at the current market rate. Councillor Gazzola inquired as to why the party is not obtaining a loan from their banking institution. Mr. Bluhm advised that the business has already obtained a loan from their banker and requested this as a leasehold improvement allowance, which the City has done in the past FINANCE AND CORPORATE SERVICES COMMITTEE FEBRUARY 25, 2013 - 42 - CITY OF KITCHENER CAO-13-007 - AMENDMENTS TO THE LEASE AGREEMENT 2. - CHARLES & BENTON PARKING GARAGE RETAIL SPACE, UNIT #2 (CONT’D) and which will result in improvements having value back to the City. Councillor Gazzola questioned if Legal Services has vetted this request in terms of bonusing and Mr. Chapman advised that Legal Services has reviewed the matter and is satisfied it does not constitute bonusing. Councillor Y. Fernandes questioned what recourse the City has should the business default on the loan. Mr. Bluhm advised that the lease agreement contains a clause of personal guarantee, which Legal Services is satisfied with and reiterated that the improvements completed will ultimately result in capital assets to the City that can be offered to subsequent tenants. He added that staff is of the opinion there is minimal risk involved. Councillor P. Singh questioned if improvements to be done are specific to this request or if more is to be done in future. Mr. Bluhm advised that the business is spending more on improvements beyond this request, which will ultimately have a value of approximately $50,000 and this request is to address a small portion of the improvements that has resulted in unforeseen costs. Councillor Singh questioned what the payback term is and Mr. Bluhm advised that the term of repayment is over a 10 year period; however, the business hopes to repay the funds within 3 years. On motion by Councillor K. Galloway-Sealock - it was resolved: “That the Mayor and Clerk be authorized to execute on behalf of the City an amending agreement for the Lease Agreement with the Downtown Crepe Café, for the Retail Unit #2, located at 28 Benton Street, as outlined in Chief Administrator’s Office report CAO- 13-007; said agreement to be satisfactory to the City Solicitor.” FCS-13-011 - APPOINTMENTS TO SAFE & HEALTHY COMMUNITY ADVISORY 3. COMMITTEE The Committee considered Finance and Corporate Services Department report FCS-13-011, dated February 7, 2013, recommending approval of appointments to the Safe and Healthy Community Advisory Committee. Councillor D. Glenn-Graham questioned the feasibility of appointing a second Inner City representative and similarly, Councillor F. Etherington questioned the potential to increase the overall membership complement. Ms. C. Tarling advised that the appointments, as recommended by the Nominating Committee, is based on the Advisory Committee’s Terms of Reference; however, Council has discretion to increase the number of appointees as they may deem appropriate. Mayor C. Zehr cautioned that while he could support a second Inner City representative, enlarging the Committee beyond the recommended 12 positions may become somewhat unwieldy in terms of productivity for the Committee and reminded members of earlier discussions centering on whether or not to even reinstate this particular Advisory Committee. Councillor Y. Fernandes advised that she would like to add to the membership and propose changes to the recommended appointees, noting that she was not concerned with having more than 12 appointed given some appointees could ultimately drop off making it difficult to form a quorum. Councillor K. Galloway-Sealock noted that beyond the person recommended for appointment as the Inner City representative, many of the other persons recommended in the other sectors and at large either live and/or work in the Downtown. She expressed the view that the Inner City sector is well represented and should not be increased but rather more representation from the suburban sector should be sought. Councillor B. Ioannidis agreed, suggesting that the Inner City should not be treated any more special than any other area of the City and if additional appointments are to be made it should be open to any area across the City rather than a specified sector. FINANCE AND CORPORATE SERVICES COMMITTEE FEBRUARY 25, 2013 - 43 - CITY OF KITCHENER FCS-13-011 - APPOINTMENTS TO SAFE & HEALTHY COMMUNITY ADVISORY 3. COMMITTEE (CONT’D) Councillor Fernandes advised that she would like to have Debbie Chapman moved to a position of at-large and have Kyrke Gaudreau replace her under the Education Sector. Councillor Fernandes also asked to remove Brian Page under the Land Use Planning sector and replace him with Abdul Rahimi, expressing the view that fresh eyes are needed and as Mr. Page is a retired City employee, the Committee should not become a venue for him to continue with his work. Finally, Councillor Fernandes asked to replace Denny Aschnaki under the Social Services sector and replace him with Jeanean Thomas, who in her view was a better candidate for this sector. Councillor S. Davey suggested that the Committee should firstly decide how many more individuals should be appointed to the Committee and whether or not to increase representation under the Inner City sector. Carried A motion brought forward by Councillor S. Davey was voted on and , to provide that 2 additional at-large representatives be appointed to the Safe & Healthy Community Advisory Committee for a term to expire on November 30, 2014, and no additional appointments be made under the Inner City sector. Councillor D. Glenn-Graham advised that he would like to nominate Messrs. Mike Farwell and Brian Kelly for the 2 additional at-large positions. Councillor K. Galloway-Sealock put forward the following nominations for the additional at- large positions: Ms. P. Archambault and Messrs. Scott Harris and Doug McKlusky. Councillor J. Gazzola questioned the need for the Committee’s recommendation on the appointments to go directly to Council this same date. Ms. C. Tarling advised that timing is at issue as staff is attempting to put the membership in place in sufficient time to notify the appointees so they can hold their first meeting on March 7, 2013. Mayor C. Zehr suggested a process to deal with the appointments which was agreed upon, wherein those persons as recommended by the Nominating Committee to which this Committee has no concern with, be dealt with firstly; followed by appointments under those sectors where change is desired; and finally, the at-large appointments. Carried, A motion brought forward by Mayor C. Zehr was voted on and to appoint Nancy Bird, Elizabeth Clarke, Kristen Porritt, Brendan Sheehan, Igor Todorovic, Andrew Bieronski and 1 representative each from the Downtown Action & Advisory Committee, Waterloo Regional Police Services and Waterloo Region Crime Prevention Council, to the Safe and Healthy Community Advisory Committee for a term to expire on November 30, 2014. A motion by Councillor Y. Fernandes to remove Brian Page from the Land Use Planning sector Carried and replace him with Abdul Wasai Rahimi, was voted on and . A motion by Councillor Y. Fernandes to remove Debbie Chapman from the Education sector Carried and replace her with Kyrke Gaudreau, was voted on and . A motion by Councillor Y. Fernandes to remove Denny Aschnaki from the Social Services Lost sector and replace him with Jeanean Thomas, was voted on and . A motion by Councillor K. Galloway-Sealock to remove Denny Aschnaki from the Social Carried Services sector and replace him with Doug McKlusky, was voted on and . The following were nominated for the at-large positions: Dana Christiaen, Gebrehiwot Berihun, Santiago Grande, Debbie Chapman, Scott Harris, Mike Farwell, Bryan Kelly, Patricia Archambault, and Pat Doherty. A nomination by Councillor F. Etherington to appoint James Howe to an at-large position was subsequently withdrawn as Councillor D. Glenn-Graham advised that he had spoken with Mr. Howe and Mr. Howe had advised him that he did not wish to be appointed to the Advisory Committee. FINANCE AND CORPORATE SERVICES COMMITTEE FEBRUARY 25, 2013 - 44 - CITY OF KITCHENER FCS-13-011 - APPOINTMENTS TO SAFE & HEALTHY COMMUNITY ADVISORY 3. COMMITTEE (CONT’D) The approved voting procedure used for appointments to Committees was then utilized, resulting in 6 individuals appointed to at-large positions, being: Debbie Chapman, Patricia Archambault, Pat Doherty, Mike Farwell, Dana Christiaen and Santiago Grande. Carried A motion brought forward by Councillor S. Davey was voted on and , to provide that 1 additional Council member representative be appointed to the Safe & Healthy Community Advisory Committee. The following were nominated for the Council member positions: Councillors S. Davey, P. Singh and D. Glenn-Graham. The approved voting procedure was utilized which resulted in Councillors S. Davey and P. Singh being appointed as the 2 Council member representatives. On motion by Mayor C. Zehr - it was resolved: “That the following appointments be approved to the Safe and Healthy Community Advisory Committee for a term to expire November 30, 2014: Name Sector (if applicable) Councillor S. Davey Member of Council Councillor P. Singh Member of Council Debra Chapman (13) At large Patricia Archambault (10) At large Pat Doherty (21) At large Mike Farwell (37) At large Dana Christiaen (11) At large Santiago Grande (30) At large Brendan Sheehan (17) Inner city (Ward 9 or 10) Nancy Bird (32) Suburban Igor Todorovic (34) Law enforcement sector Doug McKlusky (5) Social services sector Andrew Bieronski (8) Sports / recreation sector Kyrke Gaudreau (38) Education sector Elizabeth Clarke (15) Social planning sector Abdul Wasai Rahimi (36) Land use planning sector Kristen Porritt (6) Business sector 1 representative – Downtown Action & Advisory Committee 1 representative – Waterloo Regional Police Service 1 representative – Waterloo Region Crime Prevention Council ” FCS-13-024 - PHASING OUT OF THE PENNY 4. The Committee considered Finance and Corporate Services Department report FCS-13-024, dated February 19, 2013, concerning phasing out of the penny. Mr. D. Chapman advised that the report is provided as information to inform Council of the approach to be taken by the City to phase out use of the penny, as it relates to the Government of Canada’s announcement of it’s intent to eliminate the penny from Canada’s coinage system. Councillor J. Gazzola questioned if the Federal Government has enacted any rules governing phasing out of the penny. Mr. D. Chapman advised that the government has issued guidelines which most municipalities are following and the City’s approach reflects same. Councillor Y. Fernandes questioned in regard to establishing 2014 fees, if a significant increase in revenue is anticipated resulting from rounding up or down of fees. Mr. Chapman acknowledged that some fees will be rounded up or down but it is unlikely to have any impact to revenues as the rounding will equate only to a matter of 1 or 2 cents. FINANCE AND CORPORATE SERVICES COMMITTEE FEBRUARY 25, 2013 - 45 - CITY OF KITCHENER ADJOURNMENT 5. On motion, this meeting adjourned at 2:14 p.m. J. Billett, AMCT Committee Administrator