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HomeMy WebLinkAboutCouncil Minutes - 1999-11-08 SSPECIAL COUNCIL MINUTES NOVEMBER 8, 1999 CITY OF KITCHENER A special meeting of City Council was held at 11:50 a.m. this date and Chaired by Mayor C. Zehr with all members present. Notice of this special meeting had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. Council was in receipt of Business and Planning Services Department report BPS 99/180 recommending acceptance of an Offer to Purchase Site 134 in the Huron Business Park from St. Jude's School Inc. and Scholar's Hall Inc. Mr. R. Morgan outlined details of the Offer. Mr. Fred Gore appeared on behalf of St. Jude's School Inc. and advised that he is required to vacate his current premises by June 30, 2000. Mr. Gore asked that Clause 6 of Schedule 'B' to the Offer to Purchase be amended to reflect that he would be advised of any changes required to site and building plans within 4-6 days of submitting these. Ms. J. Jantzi stated that in all likelihood, staff would be able to respond within 6 days; however, this would depend upon when in the work week the drawings were submitted and the overall workload of the Plan Review Committee members. She assured Mr. Gore that staff would do all they could to meet this deadline, and advised Council that it was their decision as to whether to include a specific time reference in the text of the Offer. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie "That the City of Kitchener accept the Offer to Purchase (2.41 acres) from Frederick and Bonnie Gore, owners and operators of St. Jude's School Inc. and Scholar's Hall Inc., for Part 5 of Reference Plan 58R-7426, save and except the City-owned portion of land containing the heritage elm tree known as Part 1 of Reference Plan 58R-12061, with the purchase price to be calculated at $75,000.00 per acre for useable area and $5,000.00 per acre for unusable area for a total purchase price of approximately $152,453.00; and, That Clause 6 of the draft Schedule 'B' to the Offer to Purchase appended to BPS 99/180 be amended to read 'the approval of the site plan, the grading control plan, the working drawings and elevations and the storm water management plan shall be processed on a priority basis and as expeditiously as the vendor's processes will allow'; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor." Carried. Councillor B. Vrbanovic asked that in respect to the sale of industrial lands, staff consider providing specific, published service standards to ensure that administrative processes are working as effectively as possible. Council was in receipt this date of a memorandum from D. Gilchrist, Committee Administrator, dated November 5, 1999 outlining the November 5, 1999 resolution of Heritage Kitchener in respect to the alteration of 209 Victoria Street South by Drewlo Holdings. Mr. Victor Labreche appeared on behalf of Drewlo Holdings and in support of the Committee recommendation. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That, pursuant to Section 43 of the Ontario Heritage Act, Council approve the request of the owner, Drewlo Holdings, to alter the designated property municipally known as 209 Victoria Street South, located in the Victoria Park Area Heritage Conservation District, as shown on the elevation drawings prepared by R. Tome & Associate Inc. and William Haas Consultants Inc., dated October 5, 1999; and further, SPECIAL COUNCIL MINUTES NOVEMBER 8, 1999 - 453 - CITY OF KITCHENER That the colour criteria presented at the Heritage Kitchener meeting of November 5, 1999, for 209 Victoria Street South, be approved with the following specific building materials being the same as or substantially similar to: brick - 'Grand Teton RR05A'; stucco - 'Spitfire SUO1B'; and metal cladding having a width of 16" to 24" of 'Locker Room SP13C'." Carried. Councillor C. Weylie requested that Council clarify its resolution of November 1, 1999 arising from Clause 8 of the Planning and Economic Development Committee report (October 25, 1999) to reflect that the preferred option in regard to the Westmount Road improvement project is 'Alternative D (Interim)' rather than 'Alternative D'. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That the Council resolution of November 1, 1999 adopting Clause 8 of the Planning and Economic Development Committee report of October 25, 1999 be amended so that paragraph 2 relative to the Westmount Road improvement project from south of Glasgow Street in Kitchener to John Street in Waterloo reflects that Kitchener endorses 'Alternative D (Interim)' rather than 'Alternative D'." Carried. Council was in receipt of a joint report from M. Grummett, M. Hausser and November 3, 1999 recommending execution of an agreement in respect to improvements to the Ontario Assessment Database Model. P. Houston dated staff assisting with Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That the Mayor and Clerk be authorized to execute an agreement with the Ontario Property Assessment Corporation, satisfactory to the City Solicitor, for the retention of Information Services staff on a consulting basis to assist in the improvement of the Ontario Assessment Database Model." Carried. Council was in receipt of a facsimile transmission from D. Fisher, Director of Legal Services, Regional Municipality of Waterloo, requesting that Council direct the execution of a portion of the Region's Application for Transfer of an Operating Licence in respect to transit services. Mr. D. Fisher was in attendance and indicated his appreciation of staff efforts in including this item on the agenda with short notice. He advised that action is required at this time as a month is required to provide public notice in the Ontario Gazette before the application is brought before the Ontario Highway Transport Board. Consequently, advertising on November 13, 1999 is required to meet the transfer timeline. Councillor G. Lorentz pointed out that the Regional Council motion contained conditions and questioned why the process is being rushed since it is not essential that the transfer be completed by January 1, 2000 unless it can be done properly. Mr. Fisher noted that a by-law in this regard will be before Regional Council on December 8, 1999, and if not enacted, the application to the Ontario Highway Transport Board could be withdrawn before the planned mid-December hearing date. A discussion took place as to a means whereby the application could be withdrawn if all conditions and requirements have not been fulfilled by December 8, 1999. Mr. J. Shivas suggested that this matter be taken up with the licensing body itself to determine whether the City can sign off on the application conditionally, so that Kitchener's approval would be withdrawn if all matters have not been satisfactorily dealt with at Regional Council. Councillor J. Ziegler suggested that a resolution of Regional Council is required to assure that its application to the Transport Board will be withdrawn if all outstanding issues have not been resolved by December 8, 1999. SPECIAL COUNCIL MINUTES NOVEMBER 8, 1999 - 454 - CITY OF KITCHENER Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That the Mayor and Clerk be authorized to execute Section "D" of the Region of Waterloo's Application for Approval of Transfer of an Operating Licence in respect to the provision of transit services in the City of Waterloo; and further, That the above be subject to Regional Council enacting a resolution at its meeting of November 10, 1999 agreeing to withdraw its application to the Ontario Highway Transportation Board if by December 8, 1999 all matters covered by the Transit Transfer Agreement have not been finalized to the mutual satisfaction of the City and the Region." Carried. Councillor T. Galloway cautioned that the provisions of the Regional Procedural By-law should be adhered to, to ensure that this matter is given consideration at the November 10,1999 meeting. Council then considered a request to clarify its resolution of November 1, 1999 concerning the sale of liquor in the Civic Square by the Concordia Club during Christkindl Market. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the first paragraph of the Kitchener City Council resolution of November 1, 1999 be amended to read as follows: 'That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor, containing provisions for the insurance and indemnity of the City, and subject to meeting with applicable licensing criteria and approval, which will provide for Concordia Club's use of a cordoned off portion of the Civic Square and allow for Concordia Club's sale of alcohol (set out and identified in the agreement) as part of the Christkindl Market celebrations from December 9 to December 12, 1999; and further,'." Carried. Mayor C. Zehr advised of an additional item for in-camera discussion this date involving solicitor- client privilege. Moved by Councillor M. Yantzi Seconded by Councillor John Smola "That an in-camera meeting of City Council be held immediately following this special meeting to consider a labour relations matter and two matters subject to solicitor-client privilege." Carried. On motion, the meeting recessed at 12:25 p.m. and re-convened at 1:10 p.m. with all members present. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "That City Council approve the terms and conditions contained in a Memorandum of Settlement dated November 1, 1999, in connection with the 1999-2002 Collective Agreement with C.U.P.E. Local 791; and further, That the Mayor and Clerk be authorized to execute any documentation arising therefrom." Carried. Councillor J. Ziegler advised that he would not support the cumulative 6.5% increase as C.U.P.E. Local 791 has not given any concessions to the City to offset the additional .5%. It was noted that, to SPECIAL COUNCIL MINUTES NOVEMBER 8, 1999 - 455 - CITY OF KITCHENER date, all other union locals have given such concessions. Councillor G. Lorentz thanked senior staff for a job well done in negotiating the C.U.P.E. Local 791 agreement and avoiding a strike. The motion by Councillor C. Weylie, seconded by Councillor T. Galloway, to endorse the Memorandum of Settlement for C.U.P.E. Local 791 was voted and Carried. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "That consistent with the CUPE Local 791 negotiated wage settlement, City Council approve salary increases for 9000 series employees as follows: · April 1,2000-2% increase · April 1,2001 -2% increase · October 1, 2001 -.5% increase." Carried. Councillor B. Vrbanovic disclosed a pecuniary interest and abstained from all voting and discussion concerning salary increases for the non-union and management employees as his wife is employed as part of this group in the Information Services Division. Councillor Vrbanovic also disclosed an identical interest at the earlier in-camera meeting and abstained from all discussion. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "That consistent with the CUPE Local 791 negotiated wage settlement, City Council approve salary increases for the Non-Union and Management employees as follows: · April 1, 1999-2% increase · April 1,2000-2% increase · April 1,2001 -2% increase · October 1, 2001 -.5% increase." Councillor J. Ziegler noted that he could support the cumulative 6.5% increase for this group as concessions were offered in regard to the sick leave payout. Councillor Jake Smola advised that he would not support the salary increase for non-union/management staff as it exceeds the Council target of 6% and the concessions do not fully compensate for the additional .5 percent. He also suggested that in future negotiations, non-union/management staff should be dealt with prior to negotiating the union contracts. The motion by Councillor C. Weylie, seconded by Councillor T. Galloway, to approve salary increases for non-union and management employees was voted on and Carried. Mayor C. Zehr referred to an earlier Council resolution referring consideration of a possible increase in Mayor/Council honorariums pending settlement of the union contracts. Councillor J. Ziegler suggested that an increase be determined which would be applicable to the three-year term of the subsequent Council. Councillor G. Lorentz argued that members of Council work hard for a relative modest honorarium and inflationary increases should be awarded. He noted that failure to do this usually results in having to implement large increases in future which are often not acceptable to the general public. Councillor John Smola suggested that consideration of the honorarium be further deferred until December 1, 2000 when the overall governance structure has been decided. Mayor C. Zehr offered the opinion that an increase should be considered now and any change should be consistent with the cost of living portion of any employee contracts. He further noted that members of Council should be quick to point out the value citizens receive relative to payment of an honorarium, noting that the Mayor costs each taxpayer approximately 13 cents annually. SPECIAL COUNCIL MINUTES NOVEMBER 8, 1999 - 456 - CITY OF KITCHENER Councillor B. Vrbanovic referred to the possibility of establishing a citizen committee to determine appropriate Council remuneration. Councillor Jake Smola questioned whether this item could be legitimately considered by Council this date as it does not appear on the agenda. Mr. G. Sosnoski noted that an earlier resolution effectively ties consideration of the Council honorarium to settlement of the union contracts, and irrespective, Council could add this item for discussion this date as all members are present. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That consideration of a possible increase in the honorarium for the Mayor and members of Council be added to the agenda this date for consideration." Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That the honorarium for the Mayor and members of Council be increased by 2% effective April 1, 1999, and an additional 2% effective April 1, 2000." Councillor John Smola indicated that he would not support the motion, and suggested that the new Council deal with any increase. He also reminded that the role of Councillor is intended to be a part- time job. Councillor J. Haalboom questioned whether the role of Councillor has significantly changed so as to merit a further increase in the honorarium. She also pointed out that Council pay is intended to be an honorarium for service to the community and not a wage per se. Councillor T. Galloway indicated that he could not support the recommendation and noted the distinction between a wage and an honorarium for community service. Notwithstanding this, he noted that the position of Mayor is a full-time job which would require separate consideration. He offered the opinion that there is no need to adjust honorariums for inflation, and that his preference would be to see an honorarium fixed for the term of office. Councillor Galloway also referred to the changes underway involving the shifting of responsibility to Regional Council and that in 2000, Kitchener Council would see a decrease in its responsibilities. Councillor Jake Smola advised that he would not support a pay increase as he was elected on the basis of an honorarium determined at that time. He noted that increases connected to inflation would also be subject to deflation, and could increase significantly when the inflation rate is high. Councillor B. Vrbanovic indicated his preference for consideration by a compensation review committee and indicated that he would not support the motion, though he felt it was not necessarily inappropriate or unfair. In response to a question from Councillor K. Taylor- Harrison, Mr. J. Gazzola advised that the cost to each taxpayer annually for the honorariums of the Mayor and Council is less than $4.00. The motion by Councillor G. Lorentz, seconded by Councillor J. Ziegler, to increase the honorarium for the Mayor and members of Council was Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors K. Taylor-Harrison, M. Yantzi, J. Ziegler, G. Lorentz and C. Weylie. Contra: Councillors Jake Smola, John Smola, B. Vrbanovic, T. Galloway and J. Haalboom. Carried. Mayor C. Zehr referred to the division of revenue between the Region and area municipalities in respect to the Provincial Offences Act and downloading of responsibility by the Province. He noted that the division was to be discussed by the Regional Chair and individual Mayors once ratified by Regional Council; however, issues of timing in order to meet the next Provincial application date required that this meeting be held earlier. He advised that the Mayors and Regional Chair had met and will be bringing forward a compromise recommendation at the next Regional Council meeting involving a 90/10 split for the year 2000 only. Councillor J. Ziegler pointed out that Kitchener Council is on record as having passed a resolution supporting an 80/20 split. SPECIAL COUNCIL MINUTES NOVEMBER 8, 1999 - 457 - CITY OF KITCHENER Mr. J. Shivas advised that it was his understanding agreement must be unanimous in regard to the issue of a revenue split. He noted that the original staff committee proposed the 80/20 split as a compromise, and that a 90/10 split calls into question the practicality of splitting the revenue at all. He stated that Kitchener Council has not approved the agreement to date, only the 80/20 split. Mayor C. Zehr disagreed, noting that it was his understanding the agreement had been approved by Kitchener Council. Councillor C. Weylie questioned the rationale for sharing 20% of the revenues with municipalities as the Region is required to hire additional staff and provide office space to administer the program. Mr. J. Shivas clarified that the Region will receive all of its costs and that the revenue under discussion is net of those costs. He further noted that Provincial Offences were introduced as a partnership by the Ministry of the Solicitor General with revenues to be shared, in part as an offset for other downloading by the Province outside of Provincial Offences. Mayor C. Zehr noted that an argument could be made that all of the revenue should remain with the Region and the 90/10 split in the year 2000 is being offered as a compromise. Councillor B. Vrbanovic noted that the City has incurred some minor enforcement costs and, in his view, the 90/10 split makes more sense that 80/20. The meeting then recessed at 2:00 p.m. and re-convened at 4:46 p.m., Chaired by Mayor C. Zehr with all members present except Councillor C. Weylie who entered the meeting shortly after it commenced. Council continued its discussion of the Provincial Offences Act revenue sharing issue. Councillor J. Ziegler maintained that Council should not be discussing the issue based on previous resolutions of City and Regional Council. Further, he noted that referral of the issue to the Regional Chair and the Area Mayors Committee had not been ratified by Regional Council. Councillor Ziegler commented that it was always intended that Provincial Offences Act revenues would flow to all municipalities as a partial replacement of lost Provincial grant revenues and the 80/20 split was intended to recognize this. Accordingly, it was his view the matter should not be under discussion. Councillor C. Weylie entered the meeting at this point. Councillor T. Galloway commented that ultimately a political debate of this issue had to be anticipated. He suggested that there was never general agreement on an 80/20 split and emphasized the need to reach agreement so that revenues would begin flowing into the community. He commented that strong debate had taken place at the Regional Administration and Finance Committee which recommended the matter be referred to the Regional Chair and area Mayors for further consideration. Councillor Galloway supported the matter moving forward based on whatever the Region and seven area municipalities agree on. Councillor John Smola maintained that out of fairness, the City was entitled to a minimum of 20% of the net revenue. Following comments by several Councillors, Mayor Zehr emphasized he had raised the Provincial Offences Act revenue sharing matter this date because of a timing and procedural problem. Councillor B. Vrbanovic put forward a motion which provided that if there was not agreement on an 80/20 split at the Region, Kitchener Council support the Regional Chair and area Mayors developing a recommendation for consideration by Regional Council and the area municipal Councils. The motion did not receive a seconder and was not considered. Further comments were made on the revenues from the split and Councillor John Smola reminded Council that anticipated Provincial Offences Act revenues had been included in the City's 1999 budget. NOTICE OF MOTION Councillor B. Vrbanovic gave notice that at the regular Council meeting to be held November 15, 1999, he would introduce a Motion for Reconsideration of Council's November 1, 1999 resolution endorsing an 80/20 revenue sharing split of net revenues received as a result of Provincial Offences Act transfer from the Province. It was indicated that this notice was given in the event Regional Council does not support Kitchener Council's November 1, 1999 resolution on an 80/20 revenue split or fails to resolve the matter. SPECIAL COUNCIL MINUTES NOVEMBER 8, 1999 - 458 - CITY OF KITCHENER Moved by Councillor John Smola Seconded by Councillor J. Ziegler "That leave be given the Mover and Seconder to introduce a by-law to confirm all actions and proceedings of the Council and that the same be taken as read a first, second and third times, be finally passed and numbered 99-196 by the Clerk." On motion, the meeting adjourned at 5:00 p.m. MAYOR CLERK