HomeMy WebLinkAboutFCS-14-140 - Delegated Authority - Routine Business Processes Staff Report
rTC.�r R finance and Corporate Services Department www.kitchener.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: August 11, 2014
SUBMITTED BY: Lesley MacDonald, Director Legal Services & City Solicitor
519-741-2200- ext 7267
PREPARED BY: Lesley MacDonald, Director Legal Services & City Solicitor
519-741-2200- ext 7267
WARD(S) INVOLVED: All
DATE OF REPORT: July 30, 2014
REPORT NO.: FCS-14-140
SUBJECT: Delegated Authority— Routine Business Processes
RECOMMENDATION:
That, the CAO be authorized to execute encroachment agreements satisfactory to
the City Solicitor to legalize any encroachments which have been reviewed and
supported by the appropriate staff, provided the agreement is consistent with
Council's past practice and contains a provisions which would allow the
termination of the agreement.
That, the CAO be authorized to execute agreements with Hydro One Networks
Inc., satisfactory to the City Solicitor, for the purpose of the City accessing Hydro
One lands to carry out various works on Hydro One lands or on adjacent City
lands and/or to encroach on Hydro One Networks Inc.'s lands as required,
provided that any associated costs are within the approved budgets contained in
the relevant departmental budgets.
That, the CAO be authorized to approve the disposition and acquisition of
interests in land (fee simple, easement, or right-of-way) including executing any
documentation, satisfactory to the City Solicitor, to facilitate municipal
requirements, needs or purposes in support of approved programs or projects on
the following conditions:
• the total value of the land is $125,000 or less, excluding transactional
costs such as applicable taxes, due diligence costs, real estate, legal,
surveying and other conveyancing costs;
• the total costs for the acquisition of the land (value of land and
transactional costs) are within the approved budgets contained in the
relevant departmental budgets;
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• the land on its own is not developable ( save and except this caveat does
not apply should the lands be required for the Region's LRT project);
• the CAO, a DCAO or the City Solicitor has not otherwise referred the
specific acquisition or disposition to City Council for approval despite this
resolution;
• staff in the relevant division(s) has confirmed the appropriateness of
acquisition or disposition of the land; and
• in respect of the disposition of any lands, that the requirements of Chapter
177 of the City of Kitchener Municipal Code are complied with, save and
except for any requirement to declare the lands surplus, which declaration
shall not be required when disposing of land in accordance with the
foregoing.
BACKGROUND:
Legal has identified several routine business processes which could be further
streamlined to create efficiencies for staff, Council and the public on a go forward basis.
These would also serve to address the fall council schedule and avoid any "lame duck"
constraints.
REPORT:
Encroachments
All encroachment requests are circulated to the appropriate staff involved with the land
in question, such as engineering for encroachments over sanitary or storm easements;
transportation services, engineering and operation, for encroachments on road
allowances; operations regarding encroachments on park land along with other
applicable staff and outside agencies which may have an interest. Upon receipt of their
comments and support for the encroachment a recommendation supporting the
encroachment is then presented to Council for its endorsement. Depending on the
timing of the request and Council schedule, the requestor has to wait several weeks for
approval. Staff recommend that this be delegated to the CAO for approval upon receipt
of comments and support from the appropriate staff and agencies. This delegation
would be on the condition that the encroachment agreement contain a termination
provision, thus allowing Council and or staff to revisit the situation should an issue arise.
Hydro One
The City needs permission to access Hydro One lands from time to time to carry out
work to facilitate various City projects on adjoining and/or on Hydro One lands, including
in some cases encroaching on Hydro One lands with certain infrastructure. Projects
may include things such as trail re-alignment on lands, installation of infiltration galleries
to address over land flow of water from adjacent lands or channel naturalization where
there is water flowing across hydro lands between City land which needs to be
addressed. Staff recommend that this be delegated to the CAO for approval upon
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receipt of comments and support from the appropriate staff. This delegation would be
on the condition that any costs for the work involved and fee associated with the
encroachment are accounted for in the departmental budget.
Acquisition and Disposition of Land
On a regular basis the City requires small parcels of land outside the subdivision
process for various purposes such as road widening purposes, to realign roads as part
of road reconstruction projects, establishment of a day light triangle, easements for the
installation of a storm drain, to name a few. In addition the City often received requests
to sell small parcels of City land to the adjacent property owner or small parcels of land
to facilitate road works by the Region and Province and now LRT works by the Region.
The subject parcels of land are of such a size that they can't be independently
developed. From an efficiency point of view staff would be able to address either the
acquisition or disposition in a more timely manner so as not to delay any related
projects; staff resources could be directed at advancing the transaction rather than
report writing and presentations. Staff is proposing that the delegation of the acquisition
and disposition of land to the CAO be in accordance with various conditions including
the value of the land must be $125,000 or less exclusive of transactional costs, costs
for any acquisition must be in the approved departmental budget, the parcel of land
can't be developable on its own with noted exception regarding LRT, the matter has not
been otherwise referred to Council, the relevant staff has approved the appropriateness
of the acquisition or disposition; and the land is deemed surplus where the land is being
disposed and sold in compliance with Chapter 177 of the Kitchener Municipal Code.
Legal seeks Council's endorsement of changes in the above processes so as to provide
more seamless service on a go forward basis.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Effective and efficient government —Approving the delegation of authority in the case of
these routine business processes under the conditions prescribed ensures that the
appropriate due diligence has been performed by the City while concentrating efforts on
advancing the completion of the matter in a more stream lined and efficient manner.
FINANCIAL IMPLICATIONS:
Total costs are to be within the approved budgets contained in the relevant
departmental budgets.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in
advance of the council / committee meeting.
ACKNOWLEDGED BY: Dan Chapman DCAO
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