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HomeMy WebLinkAboutCouncil - 2013-12-09 SSPECIAL COUNCIL MINUTES DECEMBER 9, 2013 CITY OF KITCHENER A special meeting of City Council was held at 2:04 p.m. this date, chaired by Mayor C. Zehr with all members present. Notice of this meeting had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. 1. FCS -13 -177 — PROCEDURAL CHANGES TO PROMOTE MORE EFFECTIVE MEETINGS Council considered Finance and Corporate Services Department report FCS -13 -177 (C. Goodeve), recommending the approval of amendments to the City of Kitchener Municipal Code Chapter 25 (Procedure), to enhance meeting effectiveness. Mr. C. Goodeve, Manager of Council and Committee Services / Deputy Clerk, presented the report advising that if the proposals are approved this date, the recommendations could be implemented as early as the February 3, 2013 Standing Committee meetings. Mr. Harald Drewitz circulated informational material and advised Council that he was in support of procedural changes that enhance the efficiency and effectiveness of Council and Committee meetings. He expressed concerns with the proposals outlined in the report that would limit the amount of questions any one Councillor may ask, as well as any proposal that would limit delegations from being able to address Council. Councillor S. Davey brought forward the recommendation contained in Report FCS -13 -177, and proposed approving them in principle with a final decision being referred to the January 13, 2014 special Council meeting to allow for an opportunity to receive public input on the proposed changes to the Procedural By -Law. Councillor S. Davey requested that each proposal outlined in the Report be voted on separately. Councillor J. Gazzola requested that any recommendation arising from this matter be taken on recorded vote. On motion by Councillor K. Galloway - Sealock, seconded by Councillor J. Gazzola, an amendment was brought forward to approve Proposal 1 (Accelerated Standing Committee Publication), as outlined in Report FCS -13 -177 and have it implemented for the February 3, 2014 Standing Committee meeting. Moved by Councillor K. Galloway - Sealock Seconded by Councillor J. Gazzola "That staff be directed to prepare a By -law to amend City of Kitchener Municipal Code Chapter 25 (Procedure) to incorporate Proposal 1 (Accelerated Standing Committee Publication), as outlined in Finance and Corporate Services Report FCS -13- 177." Carried Unanimously on recorded vote. A motion was brought forward by Councillor J. Gazzola, seconded by Councillor D. Glenn- Graham, to amend Councillor Davey's motion to refer final approval of the amendments to Chapter 25 (Procedure) to the 2014 -2018 Council Term. Councillor J. Gazzola's amendment was then voted on and LOST on a recorded vote with Councillors J. Gazzola, Z. Janecki, Y. Fernandes and D. Glenn- Graham voting in favour; and, Mayor C. Zehr and Councillors B. loannidis, K. Galloway - Sealock, S. Davey, B. Vrbanovic, F. Etherington and P. Singh voting in opposition. In response to questions, Mr. C. Goodeve agreed to amend Proposal 5 to include large corporate projects in the list of potential exceptions where presentations would be permitted to go beyond the identified 10 minute time allotment. At the request of Councillor Davey, Council agreed to modify Proposal 6a, whereby unregistered delegations would be provided the opportunity to address Council for the allotted 5 minutes; however, Council would not be permitted to ask any questions of that delegation. SPECIAL COUNCIL MINUTES DECEMBER 9, 2013 -275- CITY OF KITCHENER At the request of Councillor K. Galloway - Sealock, Council agreed to amend Clause 1 of Proposal 7a to remove the two question limit on a Councillor's initial round of question and permit each Councillor five minutes for their initial round of questioning. A motion was brought forward by Councillor B. Vrbanovic, seconded by Councillor Y. Fernandes, to amend Proposal 7b by deleting the second sentence in its entirety. Councillor B. Vrbanovic's amendment was then voted on and Carried on a recorded vote with Mayor C. Zehr and Councillors J. Gazzola, D. Glenn- Graham, B. loannidis, Y. Fernandes, K. Galloway - Sealock, S. Davey, B. Vrbanovic, F. Etherington and P. Singh voting in favour; and Councillor Z. Janecki voting in opposition. A motion was brought forward by Councillor Y. Fernandes, seconded by Councillor J. Janecki, to amend proposal 7d to permit delegations an opportunity to provide a rebuttal response to Council's debate pending clarification is required. Councillor Y. Fernandes's motion amendment was then voted on and LOST on a recorded vote with Councillors F. Etherington, J. Gazzola, D. Glenn- Graham, Z. Janecki and Y. Fernandes voting in favour; and, Mayor C. Zehr and Councillors B. loannidis, K. Gal loway - Sealock, S. Davey, B. Vrbanovic and P. Singh voting in opposition. At the suggestion of Mr. J. Willmer, Chief Administrative Officer, Council agreed to amend Proposal 8a to remove the reference to written motions. In response to questions, Mr. Goodeve agreed to amend Proposal 10a, with written motions only being required for Council meetings. The balance of the Proposals contained in Report FCS -13 -177 were then voted on proposal by proposal. Proposal 2 - Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors D. Glenn- Graham, B. loannidis, Y. Fernandes, K. Galloway - Sealock, S. Davey, B. Vrbanovic, F. Etherington and P. Singh Contra: Councillor J. Gazzola and Z. Janecki Proposal 3a - Carried on recorded vote. In Favour: Mayor C. Zehr and Councillors Z. Janecki, B. loannidis, Y. Fernandes, K. Galloway - Sealock, S. Davey, B. Vrbanovic, F. Etherington and P. Singh Contra: Councillor J. Gazzola and D. Glenn - Graham Proposal 3b - LOST Unanimously on recorded vote. In Favour: Mayor C. Zehr and Councillors Z. Janecki, B. loannidis, Y. Fernandes, K. Galloway - Sealock, S. Davey, B. Vrbanovic, F. Etherington and P. Singh Contra: Councillor J. Gazzola and D. Glenn - Graham Proposal 4a - Carried on recorded vote. SPECIAL COUNCIL MINUTES DECEMBER 9, 2013 -276- CITY OF KITCHENER In Favour: Mayor C. Zehr and Councillors D. Glenn- Graham, B. loannidis, Y. Fernandes, K. Galloway - Sealock, S. Davey, B. Vrbanovic, F. Etherington and P. Singh Contra: Councillor J. Gazzola and Z. Janecki Proposal 4b - LOST on recorded vote. In Favour: Mayor C. Zehr and Councillors B. loannidis, K. Galloway - Sealock and Z. Janecki Contra: Councillors J. Gazzola, D. Glenn - Graham, Y. Fernandes, S. Davey, B. Vrbanovic, F. Etherington and P. Singh Proposal 4c - Carried on recorded vote. In Favour: Mayor C. Zehr and Councillors J. Gazzola, D. Glenn- Graham, B. loannidis, Y. Fernandes, K. Galloway - Sealock, S. Davey, B. Vrbanovic, F. Etherington and P. Singh Contra: Councillors Z. Janecki, Proposal 5 - Carried Unanimously, as amended, on recorded vote. Proposal 6a - LOST on recorded vote. In Favour: Mayor C. Zehr and Councillors B. loannidis, K. Galloway - Sealock and S. Davey Contra: Councillors J. Gazzola, D. Glenn - Graham, Z. Janecki, Y. Fernandes, B. Vrbanovic, F. Etherington and P. Singh Proposal 6b - LOST on recorded vote. In Favour: Mayor C. Zehr and Councillor B. loannidis Contra: Councillors J. Gazzola, D. Glenn - Graham, Z. Janecki, Y. Fernandes, B. Vrbanovic, F. Etherington, K. Galloway - Sealock, S. Davey and P. Singh Proposal 7a - Carried, as Amended on recorded votes. In Favour: Mayor C. Zehr and Councillors D. Glenn- Graham, B. loannidis, K. Galloway - Sealock, S. Davey, B. Vrbanovic and P. Singh Contra: Councillors J. Gazzola, Z. Janecki, Y. Fernandes and F. Etherington Proposal 7b - Carried Unanimously, as amended, on recorded vote. Proposal 7c - Carried Unanimously on recorded vote. SPECIAL COUNCIL MINUTES DECEMBER 9, 2013 -277- CITY OF KITCHENER Proposal 7d - Carried, as Amended on recorded votes. In Favour: Mayor C. Zehr and Councillors J. Gazzola, D. Glenn- Graham, B. loannidis, Z. Janecki, K. Gal loway - Sealock, S. Davey, B. Vrbanovic, F. Etherington and P. Singh Contra: Councillor Y. Fernandes Proposal 8a - Carried Unanimously, as amended, on recorded vote. Proposal 8b - Carried on recorded vote. In Favour: Mayor C. Zehr and Councillors J. Gazzola, B. loannidis, K. Galloway - Sealock, S. Davey, B. Vrbanovic, F. Etherington and P. Singh Contra: Councillors D. Glenn- Graham, Y. Fernandes and Z. Janecki, Proposal 9a - Carried on recorded vote. In Favour: Mayor C. Zehr and Councillors B. loannidis, Z. Janecki, Y. Fernandes, K. Galloway - Sealock, S. Davey, F. Etherington and P. Singh Contra: Councillors J. Gazzola, D. Glenn - Graham and B. Vrbanovic Proposal 9b - LOST on recorded vote. In Favour: Mayor C. Zehr and Councillors K. Galloway - Sealock, S. Davey, F. Etherington and P. Singh Contra: Councillors J. Gazzola, D. Glenn - Graham, B. loannidis, Z. Janecki, Y. Fernandes and B. Vrbanovic Proposal 9c - Carried on recorded vote. In Favour: Mayor C. Zehr and Councillors B. loannidis, Z. Janecki, Y. Fernandes, K. Galloway - Sealock, S. Davey, Contra: Councillors J. Gazzola, D. Glenn - Graham, B. Vrbanovic, F. Etherington and P. Singh Proposal 9d - Carried on recorded vote. In Favour: Mayor C. Zehr and Councillors B. loannidis, Z. Janecki, Y. Fernandes, K. Galloway - Sealock, S. Davey, Contra: Councillors J. Gazzola, D. Glenn - Graham, B. Vrbanovic, F. Etherington and P. Singh SPECIAL COUNCIL MINUTES DECEMBER 9, 2013 -278- CITY OF KITCHENER Proposal 10a - Carried Unanimously on recorded vote. Proposal 10b - Carried on recorded vote. In Favour: Mayor C. Zehr and Councillors J. Gazzola, D. Glenn- Graham, B. loannidis, K. Galloway- Sealock, S. Davey, B. Vrbanovic, F. Etherington and P. Singh Contra: Councillors Z. Janecki and Y. Fernandes, The following motion was then brought forward. Moved by Councillor S. Davey Seconded by Councillor B. loannidis "That the following proposed changes to enhance meeting effectiveness, be approved in principle and referred to the January 13, 2014 Special Council meeting to provide for an opportunity to receive public input on the proposed changes: Proposal 2) That Committee Chairs will ensure that matters are considered within their allotted time, which may include the need to call the question or defer the matter; and further, That when a matter is proposed to be deferred, consideration shall be given to the Corporate Reports Pending List in deciding an appropriate date for deferral. Proposal 3a) That any reports that are strictly for information shall be placed under that heading on the agenda and shall only be included as a Discussion Item by a majority vote of the Committee. Proposal4a) That each Standing Committee report included with the Council agenda shall be treated as if it were a list of consent items, whereby one motion will be used to bring all items on the report forward for consideration, but it shall not be read and /or summarized; and further, Notwithstanding the above, any member of Council may request that a particular clause be dealt with separately. Proposal 4c) That the following is proposed to replace Section 25.4.18 (Termination of Council Proceedings): `Council shall remain in session until all business on the agenda is disposed of until 11:00 p.m. unless by unanimous consent of the members present a one hour extension is approved with proceedings of Council ending by no later than midnight.' Proposal 5) That the following are proposed amendments to Section 25.5.4.1 of Chapter 25 of the City's Municipal Code: • Any person making a presentation, save and except those related to the City's annual budget deliberation process and Strategy Sessions, but including those by staff members, consultants engaged by the City, or individuals representing any other corporation, organization or committee, shall be permitted to address Council for a maximum of ten (10) minutes; and, • During the agenda setting process, consideration shall be given to the scope of an item to identify if it is necessary to allot additional time for a presentation beyond the specified ten (10) minutes. When such a SPECIAL COUNCIL MINUTES DECEMBER 9, 2013 -279- CITY OF KITCHENER determination has been made, prior to the commencement of the subject presentation the Committee Chair shall indicate the amount of time that has been allocated for the presentation; and, • On behalf of the Mayor and /or Committee Chair, the Clerk / Committee Administrator shall keep account of the time expended by an individual on all presentations and at the completion of nine (9) minutes shall advise through an audio and /or visual prompt that their time will expire in approximately one (1) minute; and further, • Council may limit or extend the time allowed for a presentation by a majority vote. Proposal 7a) That each member of Council be allocated a total of five (5) minutes for their initial set of questions, which shall include the amount of time it takes to obtain a response from the delegation; and, That each member of Council will be given an opportunity to utilize their initial five (5) minute question period, prior to any member being afforded a second opportunity to ask questions; and further, That each councillor will be allocated a total of five (5) minutes for their subsequent round of questions, which shall include the time it may take to obtain a response from the delegation. Proposal 7b) That members shall be permitted to ask questions of delegates but shall not make statements nor enter into debate with such persons. Proposal 7c) That the Chair may curtail a delegation if any derogatory comments are made about staff or other individuals, for disorderly conduct, or any other breach of conduct and, if the Chair rules that the delegation is concluded, the person or persons appearing shall withdraw. Proposal7d) That whenever a delegation, offers comments or statements that are deemed to be erroneous and unsubstantiated, any member of Council, or City official, may be recognized by the Chair on a Point of Order and when recognized may provide the necessary corrections or clarifications to the comments or statement said by the delegation. Proposal 8a) That once everyone has been afforded an opportunity to ask questions, no further discussion or debate should occur on the matter until a formal motion has been brought forward for consideration. Proposal8b) That no member, without leave of the Council, will speak to the same motion, or in reply, for longer than five (5) minutes. Proposal 9a) That where an item is not on a current meeting agenda but is intended to come forward at a later date, staff shall refer the person to the appropriate meeting; thereby ensuring that the appropriate staff are in attendance and supporting materials have been circulated for Council's consideration. Proposal 9c) That where a person wishes to register as a delegation and the matter is not on a meeting agenda and it is questionable as to whether it falls within the City's jurisdiction, this matter shall be referred to the next available agenda setting meeting for consideration by the Committee Chairs. Proposal 9d) That when it is deemed inappropriate through the agenda setting process that a delegation address Council, the Clerk shall so notify the delegation and Council with a supporting explanation. Proposal 10a) That in keeping with the requirements already provided for in Municipal Code Chapter 25.7.6(c), all motions put forward at a Council meeting, SPECIAL COUNCIL MINUTES DECEMBER 9, 2013 -280- CITY OF KITCHENER except questions of privilege or purely procedural motions shall be made in writing and must be seconded before they are voted on. Proposal 10b) That the City discontinue the practice of employing friendly amendments in instances where the proposed amendment represents a substantive change or would add a further clause(s) to the main motion." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors D. Glenn- Graham, B. loannidis, K. Galloway - Sealock, S. Davey, B. Vrbanovic, F. Etherington, Z. Janecki, Y. Fernandes and P. Singh Contra: Councillors J. Gazzola Motion Carried. 2. IN- CAMERA MEETING AUTHORIZATION Moved by Councillor B. loannidis Seconded by Councillor S. Davey "That an in- camera meeting of City Council be held immediately following this special meeting to consider a litigation/ potential litigation matter and a matter subject to solicitor - client privilege." Carried. On motion the meeting adjourned at 5:51 p.m. MAYOR CLERK