HomeMy WebLinkAbout2014-08-11 FINANCE AND CORPORATE SERVICES COMMITTEE
AUGUST 11, 2014 CITY OF KITCHENER
The Finance and Corporate Services Committee met this date commencing at 10:01 a.m.
Present: Councillor S. Davey-Chair
Mayor C. Zehr and Councillors F. Etherington, Y. Fernandes, K. Galloway-Sealock, J.
Gazzola, D. Glenn-Graham, B. loannidis, Z. Janecki, P. Singh and B.Vrbanovic.
Staff: J. Willmer, Chief Administrative Officer
D. Chapman, Deputy CAO, Finance &Corporate Services
P. Houston, Deputy CAO, Infrastructure Services
M. Seiling,Acting Deputy CAO, Community Services
C. Tarling, Director, Legislated Services &City Clerk
W. Malcolm, Director of Utilities
L. MacDonald, Director, Legal Services &City Solicitor
B. Bennett, Manager, Business Development
R. Morgan, Capital Investment Advisor
C. Goodeve, Committee Administrator
1. FCS-14-049 - EXTERNAL AUDIT SERVICES
The Committee considered Finance and Corporate Services Department report FCS-14-049,
dated July 22, 2014 recommending the appointment of KPMG LLP, as the City's External
Auditor.
On motion by Councillor B. loannidis-
it was resolved:
"That Proposal P14-042, Audit Services, be awarded to KPMG LLP, Waterloo, Ontario,
at their proposed price of$733,400 plus H.S.T. of$95,342 for a total of$828,742, for a
five (5) year term beginning with the fiscal year ending December 31, 2014 for the
Corporation of the City of Kitchener, its boards and enterprises, Kitchener Housing Inc.
and Kitchener Non-Profit Property Management Inc. and for a five (5) year term
beginning with the fiscal year ending May 31, 2015 for Waterloo Region Municipalities
Insurance Pool; and further,
That section 1.1 of Chapter 103 (Auditor)of Kitchener's Municipal Code be amended to
effect the appointment of KPMG LLP as the City's Auditor, as outlined in Finance and
Corporate Services Department report FCS-14-049."
2. FCS-14-137 - DELEGATED AUTHORITY-TENDERS -FALL 2014
The Committee considered Finance and Corporate Services Department report FCS-14-137,
dated July 30, 2014 requesting the delegation of authority to the Chief Administrative Officer
for any tenders which may need to be dispensed with between the period of September 16
through to November 30, 2014.
On motion by Councillor B. loannidis-
it was resolved:
"That, notwithstanding Chapter 115 (Corporate Leadership Team) of Kitchener's
Municipal Code, the Chief Administrative Officer shall approve any tenders which
otherwise cannot be brought before Council in a timely manner between the period of
September 16 through November 30, 2014, provided that the total costs are within the
approved budgets contained in the relevant departmental budgets and that a report
regarding these tenders is brought to Council at its next regular meeting; and further,
That notwithstanding Chapter 170 (Purchasing and Materials Management) of
Kitchener's Municipal Code, the Director of Supply Services be authorized to execute
any agreements pertaining to tenders approved by the Chief Administrative Officer
between the period of September 16 through November 30, 2014, as outlined in
Finance and Corporate Services Department report FCS-14-137."
FINANCE AND CORPORATE SERVICES COMMITTEE
AUGUST 11. 2014 -51 - CITY OF KITCHENER
3. FCS-14-139 - DELEGATED AUTHORITY- "LAME DUCK" COUNCIL
The Committee considered Finance and Corporate Services Department report FCS-14-139,
dated July 23, 2014 requesting approval that if Section 275 of the Municipal Act comes into
effect, the Chief Administrative Officer is granted the authority to approve expenditures or other
liabilities with a value in excess of$50,000.
On motion by Councillor B. loannidis-
it was resolved:
"That, in the event the provisions of Section 275 of the Municipal Act, as amended,
come into force and effect between Nomination Day and the end of the outgoing
Council's term, the Chief Administrative Officer is granted authority to approve
expenditures or other liabilities which are currently unbudgeted and with a value in
excess of$50,000.00; and,
That the Mayor and Clerk be authorized to execute agreements that have been
approved by the Chief Administrative Officer during this period, subject to the
satisfaction of the City Solicitor; and further,
That any approvals granted by the Chief Administrative Officer during this period be
reported to Council for information at the earliest opportunity following the Inaugural
Meeting of the new Council, as outlined in Finance and Corporate Services Department
report FCS-14-139."
4. FCS-14-140 - DELEGATED AUTHORITY-ROUTINE BUSINESS PROCESS
The Committee considered Finance and Corporate Services Department report FCS-14-140,
dated July 30, 2014 proposing the delegation of authority to the Chief Administrative Officer to
execute encroachment agreements, agreements with Hydro One Networks Inc. and the
disposition and acquisition of land where the total value is $125,000 or less. Ms. L. Macdonald
reviewed the report and responded to questions from the Committee.
Councillor P. Singh entered the meeting at this time.
On motion, Mayor C. Zehr brought the recommendation contained in Report FCS-14-140
forward for consideration.
Councillor J. Gazzola expressed concerns that this matter was being brought forward at the
end of the current term of Council, suggesting that it should be dealt with by the next Council
as they would be the ones impacted by the proposed delegation of authority.
A motion was brought forward by Councillor Gazzola to defer consideration of the staff
recommendation until after the new Council is inaugurated on December 1, 2014.
Several members spoke to the efficiencies that would be gained through the proposed
delegation of authority, given the routine nature of the subject business practices. It was noted
that it is more appropriate for this Council to consider this matter, as the new Council may be
unfamiliar with what is proposed to be delegated to staff.
Councillor P. Singh suggested that a follow-up report should be provided on this matter by the
end of 2015 to outline the efficiencies that have been gained as a result of delegating this
authority to staff.
Councillor Gazzola's deferral motion was then voted on and was LOST on a recorded vote
with Councillors D. Glenn-Graham, Y. Fernandes, J. Gazzola and Z. Janecki voting in favour;
and, Mayor C. Zehr and Councillors B. loannidis K. Gal loway-Sealock, B. Vrbanovic, F.
Etherington, P. Singh and S. Davey voting in opposition.
The following motion was then voted on and was Carried on a recorded vote with Mayor C.
Zehr and Councillors D. Glenn-Graham, B. loannidis, K. Galloway-Sealock, B. Vrbanovic, F.
Etherington, P. Singh and S. Davey voting in favour; and, Councillors Y. Fernandes, J.
Gazzola and Z.Janecki voting in opposition.
FINANCE AND CORPORATE SERVICES COMMITTEE
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4. FCS-14-140 - DELEGATED AUTHORITY-ROUTINE BUSINESS PROCESS (CONT'D)
On motion by Mayor C. Zehr-
it was resolved:
"That, the Chief Administrative Officer 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; and,
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; and,
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; and,
• 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; and,
• 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); and,
• 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;
and,
• staff in the relevant division(s) has confirmed the appropriateness of
acquisition or disposition of the land; and further,
• 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, as outlined in Finance and Corporate Services Department report
FCS-14-140."
5. INS-14-015 - NATURAL GAS RATES
The Committee considered Infrastructure Services Department report INS-14-015, dated July
31, 2014 recommending approval of the annual natural gas rate increases. Mr. W. Malcolm
reviewed the report and responded to questions from the Committee.
On motion, Councillor J. Gazzola brought the recommendation contained in Report INS-14-
015 forward for consideration with a modification to reduce the daily fixed rate for M1
customers to $0.70, as opposed to $0.73.
In response to questions, Ms. P. Houston cautioned that the rates outlined in Report INS-14-
015 were put forward based on the approved 2014 Budget. She indicated that the proposed
change to the daily fixed rate would equate to a reduction of approximately $700,000 in
anticipated revenues. Mr. D. Chapman added that there are only two scenarios to
accommodate the proposed rate reduction. The first would be to make up the difference
through future rate increases. He noted the other alternative would be to amend the 2014
Budget to reflect the reduction in revenue, which would have an impact on various capital
projects.
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AUGUST 11. 2014 -53 - CITY OF KITCHENER
5. INS-14-015 - NATURAL GAS RATES (CONT'D)
Councillor K. Galloway-Sealock requested that additional information be provided by the
August 25, 2014 Council meeting outlining the potential impact of reducing the daily fixed rate
for M1 customers from $0.73 to $0.70.
Councillor Y. Fernandes asked that information be provided with respect to the current
balances for the Gas Supply, Gas Transportation and Gas Delivery stabilization reserves. In
addition, she requested information elaborating on the charges under the Gas Supply rate
related to natural gas commodity,fuel and administration.
Councillor B. Vrbanovic proposed that the additional information on the impact of the rate
reduction should also include an overview of the capital projects that would be affected due to
the subsequent amendments to the 2014 Budget.
Councillor D. Glenn-Graham requested that further information be provided for the August 25,
2014 Council meeting indicating the impact if the rate was only lowered to $0.72 as well as the
impact if it was lowered to $0.71.
A motion was brought forward by Councillor Glenn-Graham, to defer consideration of
Councillor Gazzola's motion to the August 25, 2014 Council meeting to allow time for
additional information to come forward regarding the potential impacts of the proposed change
to the daily fixed rate for M1 customers.
The following motion was then voted on and was Carried on a recorded vote with Councillors
D. Glenn-Graham, Y. Fernandes, K. Galloway-Sealock, B. Vrbanovic, F. Etherington, P. Singh
and S. Davey voting in favour; and Mayor C. Zehr and Councillors J. Gazzola, B. Ioannidis and
Z. Janecki voting in opposition.
On motion by Councillor D. Glenn-Graham-
it was resolved:
"That consideration of the recommendation be referred to the August 25, 2014
Council meeting to allow time for additional information to be provided regarding the
impact of the proposed change to the daily fixed rate for M1 customers:
`That the supply component of the natural gas rates be increased to 19.0 cents
per cubic meter from 16.5 cents per cubic meter for system gas customers of the
City of Kitchener effective September 1, 2014;and,
That the transportation component of the natural gas rate be decreased to 3.0
cents per cubic meter from 4.0 cents per cubic meter for system gas customers
of the City of Kitchener effective September 1, 2014;and further,
That the delivery components of the natural gas rates be changed as proposed in
Infrastructure Services Department report INS-14-015 - Appendix A for all
Kitchener delivery customers effective September 1, 2014, except for the daily
fixed rate for M 1 customers which will be set at$0.70, as opposed to$0.73.
6. CAO-14-035 - BROWNFIELD REMEDIATION PROGRAM APPLICATION
- 445 KING STREET WEST
Councillor P. Singh declared a pecuniary interest as members of his family own property in the
vicinity of 445 King Street West; and accordingly, he did not take part in any discussion or
voting regarding this matter.
The Committee considered Chief Administrator's Office report CAO-14-035, dated July 9,
2014, recommending approval of a Brownfield Remediation Program Application from
2335945 Ontario Inc. for 445 King Street West. Mr. R. Morgan presented the report and
responded to questions from the Committee.
FINANCE AND CORPORATE SERVICES COMMITTEE
AUGUST 11. 2014 -54- CITY OF KITCHENER
6. CAO-14-035 - BROWNFIELD REMEDIATION PROGRAM APPLICATION
- 445 KING STREET WEST(CONT'D)
The following motion was voted on and was Carried on a recorded vote with Mayor C. Zehr
and Councillors D. Glenn-Graham, B. loannidis, K. Galloway-Sealock, B. Vrbanovic, F.
Etherington, Z. Janecki, Y. Fernandes and S. Davey voting in favour; and, Councillor J.
Gazzola voting in opposition. Councillor P. Singh had declared a pecuniary interest and
accordingly did not vote.
On motion by Councillor B.Vrbanovic-
it was resolved:
"That the Brownfield Remediation Program Application for 445 King Street West,
received from 2335945 Ontario Inc. dated July 2, 2013, be approved; and,
That in exchange for a completed and filed Record of Site Condition for the subject
property, the owner will be provided a grant in the form of an annual rebate on City
taxes in an amount equal to 100%of the City Tax Increment; and,
That the City Tax Increment be defined as the difference between the City portion of
real property taxes for the 2013 Taxation Year and the new City portion of real property
taxes levied as a result of a new assessment by the Municipal Property Assessment
Corporation (MPAC) following completion of the project, as compensation for the
remediation of the above subject lands; and,
That the annual City property tax grant is estimated to be$245,547, payable for 4 years
with $148,135, being paid on the fifth and final year following re-assessment by MPAC
provided that the City's total property tax grant shall not exceed $1,130,323.00 for this
project; and,
That the Region of Waterloo Brownfield Coordinator be circulated a copy of any
decision made by Kitchener City Council regarding this Application; and further,
That the Mayor and Clerk be authorized to execute an Agreement, subject to the
satisfaction of the City Solicitor, with the Region of Waterloo and 2335945 Ontario Inc.,
to implement the provisions of the Brownfield Remediation Program Application for 445
King Street West, as outlined in Chief Administrator's Office report CAO-14-035."
7. ADJOURNMENT
On motion, this meeting adjourned at 11:51 a.m.
C. Goodeve
Committee Administrator