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Home My WebLink About2015-08-10 FINANCE AND CORPORATE SERVICES COMMITTEE AUGUST 10, 2015 CITY OF KITCHENER The Finance and Corporate Services Committee met this date commencing at 12:42 p.m. Present: Councillor S. Davey-Chair Mayor B. Vrbanovic and Councillors F. Etherington, Y. Fernandes, K. Galloway- Sealock, J. Gazzola, B. loannidis,Z. Janecki, S. Marsh and P. Singh. Staff: J. Willmer, Chief Administrative Officer D. Chapman, Deputy CAO, Finance &Corporate Services D. Tyagi, Deputy CAO, Infrastructure Services S. Turner,Acting Deputy CAO, Community Services C. Tarling, Director, Legislated Services &City Clerk P. McCormick, Manager, Parking Enterprise C. Goodeve, Manager/Council and Committee Services & Deputy Clerk D. Saunderson, Committee Administrator 1. FCS-15-105 - FAIR OR EXHIBITION GAMING EVENT LICENSE FOR KITCHENER- WATERLOO OKTOBERFEST INC. The Committee considered Finance and Corporate Services Department report FCS-15-105, dated June 26, 2015 regarding a request for a Provincial Lottery License by the Kitchener- Waterloo Oktoberfest Inc. to hold a Fair or Exhibition Gaming Event being held at Bingeman's from October 9 to October 17, 2015. On motion by Councillor F. Etherington - it was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to Kitchener-Waterloo Oktoberfest Inc. to hold a Fair or Exhibition Gaming Event from October 9 to October 17, 2015 at Bingeman's KOOL Haus tent, 425 Bingemans Centre Drive, Kitchener, as outlined in Finance and Corporate Services Department report FCS-15-105." 2. INS-15-055 - SCOPE OF WORK INCREASE FOR PURCHASE ORDER T14-090: DUKE AND ONTARIO GARAGE -LOCALIZED PARKING GARAGE REPAIRS The Committee considered Infrastructure Services Department report INS-15-055, dated May 19, 2015 recommending an extension of a Purchase Order for Mass Contracting Ltd. for localized repairs to the Duke and Ontario Parking Garage. Mr. P. McCormick was in attendance and responded to questions from the Committee. On motion by Councillor F. Etherington - it was resolved: "That an extension of the purchase order issued to Mass Contracting Ltd. for localized repairs to the Duke and Ontario parking garage in the amount of$39,700., plus HST, be approved, as outlined in Infrastructure Services Department report INS-15-055." 3. INS-15-054 - PURCHASE ORDER EXTENSION -GAS AND WATER INFRASTRUCTURE LOCATING CONTRACT The Committee considered Infrastructure Services Department report INS-15-054, dated July 31, 2015 recommending an extension of a Purchase Order for Kitchener Utilities and their locating contractor to cover locates until the end of 2015 to meet an increased locate demand and the 5 working day timeframe completion required under regulations. Mr. D. Tyagi was in attendance and responded to questions from the Committee. In response to questions, Mr. Tyagi advised that it was his understanding that the legislation restricts the City's ability to impose fees for obtaining locates. He noted that implementing a fee may discourage individuals from obtaining a locate which could be dangerous when digging around municipal services. He further advised that he could review the legislation and confirm whether a fee could be imposed. FINANCE AND CORPORATE SERVICES COMMITTEE AUGUST 10. 2015 -54- CITY OF KITCHENER 3. INS-15-054 - PURCHASE ORDER EXTENSION -GAS AND WATER INFRASTRUCTURE LOCATING CONTRACT(CONT'D) On motion by Councillor F. Etherington - it was resolved: "That Purchase Order 901273 be extended by $145,000 to Kitchener Utilities and their contractor to cover locates until the end of 2015 to meet an increased locate demand and the 5 working day completion required under regulations, as outlined in Infrastructure Services Department report INS-15-054." 4. FCS-15-107 - REVIEW OF PROCEDURAL BY-LAW CHANGES AND PROPOSALS TO FURTHER PROMOTE MEETING EFFECTIVENESS The Committee considered Finance and Corporate Services Department report FCS-15-107, dated July 15, 2015 regarding the review of the City's meeting procedures and the proposed changes to enhance meeting effectiveness. Mr. C. Goodeve presented the Report and responded to questions from the Committee. Questions were raised regarding Proposal 5 and whether an alternate recommendation could be proposed that would not result in the complete removal of Questions and Answers from the Council Agenda. Mr. Goodeve advised that staff could further investigate how other municipalities handle administrative inquiries and follow up prior to the next Council meeting. In response to concerns raised regarding the installation of a digital timer and wall clocks, staff agreed to investigate alternative timing mechanisms other than the proposed digital timer and wall clocks as outlined within the Report. A motion was brought forward by Councillor F. Etherington to amend Municipal Code Chapter 25 (Procedure) to increase the current time allotment for delegations from five minutes to a time allocation of ten minutes which is to be strictly adhered to. Councillor Etherington's motion was voted on by a recorded vote and was LOST on a tie, with Councillors J. Gazzola, S. Marsh, F. Etherington, Y. Fernandes and Z. Janecki voting in favour; and, Mayor B. Vrbanovic and Councillors P. Singh, B. loannidis, S. Davey and K. Galloway-Sealock voting in opposition. Councillor D. Schnider was absent and accordingly did not vote. A motion was brought forward by Councillor K. Galloway-Sealock to amend Municipal Code Chapter 25 (Procedure)to increase the current time allotment for delegations from five minutes to a time allocation of seven minutes which is to be strictly adhered to. Councillor Galloway-Sealock's motion was voted on by a recorded vote and was Carried, with Mayor B. Vrbanovic and Councillors K. Galloway-Sealock, S. Marsh, F. Etherington, Y. Fernandes and Z. Janecki voting in favour; and, Councillors J. Gazzola, P. Singh, B. loannidis and S. Davey voting in opposition. Councillor D. Schnider was absent and accordingly did not vote. A motion was brought forward by Councillor J. Gazzola to amend Municipal Code Chapter 25 (Procedure) to allow members of Council to speak to a question for ten minutes concurrently rather than the current five minute time allocation with an opportunity to address the question for an additional five minutes. Councillor Gazzola's motion was voted on by a recorded vote and was LOST, with Councillors J. Gazzola, Y. Fernandes and Z. Janecki voting in favour; and, Mayor B. Vrbanovic and Councillors P. Singh, S. Marsh, F. Etherington, B. loannidis, S. Davey and K. Galloway- Sealock voting in opposition. Councillor D. Schnider was absent and accordingly did not vote. A motion was brought forward by Mayor B. Vrbanovic to defer consideration of Proposal 5 as outlined in Appendix `A' of Report FCS-15-107 to allow staff an opportunity to provide an alternate recommendation for Section 25.5.1 of Municipal Code Chapter 25 (Procedure) to facilitate administrative inquiries rather than the removal of Questions and Answers in its entirety from the Council agenda. FINANCE AND CORPORATE SERVICES COMMITTEE AUGUST 10. 2015 -55- CITY OF KITCHENER 4. FCS-15-107 - REVIEW OF PROCEDURAL BY-LAW CHANGES AND PROPOSALS TO FURTHER PROMOTE MEETING EFFECTIVENESS (CONT'D) A motion was brought forward by Councillor S. Marsh to defer consideration of Proposal 6 as outlined in Appendix `A' of Report FCS-15-107 to allow staff an opportunity to investigate alternative timing mechanisms other than the proposed digital timer and wall clocks as outlined within the Report. The following motion was then voted on proposal by proposal. On motion by Councillor B. loannidis- it was resolved: "That the proposed changes to enhance meeting effectiveness, as outlined in Appendix `A' of Finance and Corporate Services Department report FCS-15-107, be approved as follows: • Proposal 2: That Section 25.10.9 of Municipal Code Chapter 25 (Procedure), be amended to require a majority vote to discuss a report listed as a Consent Item; and, • Proposal 3: That Section 25.2.2 of Municipal Code Chapter 25 (Procedure), be amended to require the unanimous consent of all members present to suspend the rules outlined therein; and, • Proposal 4: That Section 25.2.2 of Municipal Code Chapter 25 (Procedure) be amended to provide that members of the public who have addressed Council or a Committee on a particular issue will not be permitted to address Council / Committee on that same matter, unless they are providing new information; and, That this new information must be outlined in a delegation form submitted to the Clerk or designate by 8:30 a.m. on the day of a Committee meeting or 3:00 p.m. on the day of a Council meeting; and further, That should a member of Council feel that the submitted materials do not represent new information, than this may be raised through a point of order prior to hearing from the delegation; if the point of order is sustained, Council shall move forward without hearing from the delegation; and, That Proposal 5 be deferred to the August 24, 2015 Council meeting, to allow staff an opportunity to provide an alternate recommendation for Section 25.5.1 of Municipal Code Chapter 25 (Procedure) to facilitate administrative inquiries rather than the removal of Questions and Answers in its entirety from the Council agenda; and, That Proposal 6 be deferred to the August 24, 2015 Council meeting, to allow staff an opportunity to investigate an alternative to the 2-sided digital timer and two digital wall clocks as outlined within FCS-15-107 Report; and, That Section 25.5.5 (i) of Municipal Code Chapter 25 (Procedure) be amended to increase the current time allotment for delegations from five minutes to seven minutes which is to be strictly adhered to; and further, That staff be directed to prepare a by-law to amend the City of Kitchener Municipal Code Chapter 25 (Procedure), as necessary, to incorporate the proposed changes." Proposal 1 —LOST on a tie on recorded vote. In Favour: Councillors J. Gazzola, Y. Fernandes, F. Etherington, S. Marsh and Z. Janecki FINANCE AND CORPORATE SERVICES COMMITTEE AUGUST 10. 2015 -56- CITY OF KITCHENER 4. FCS-15-107 - REVIEW OF PROCEDURAL BY-LAW CHANGES AND PROPOSALS TO FURTHER PROMOTE MEETING EFFECTIVENESS (CONT'D) Contra: Mayor B. Vrbanovic and Councillors, B. loannidis, K. Gal loway-Sealock, S. Davey, and P. Singh Absent: Councillor D. Schnider Proposal 2-Carried on recorded vote. In Favour: Mayor B. Vrbanovic and Councillors J. Gazzola, Y. Fernandes, K. Gal loway-Sealock, F. Etherington, S. Marsh and Z.Janecki Contra: Councillors B. loannidis, S. Davey, and P. Singh Absent: Councillor D. Schnider Proposal 3-Carried on recorded vote. In Favour: Mayor B. Vrbanovic and Councillors, F. Etherington, S. Marsh, B. loannidis, K. Galloway-Sealock, S. Davey, and P. Singh Contra: Councillors J. Gazzola, Y. Fernandes, and Z.Janecki Absent: Councillor D. Schnider Proposal 4-Carried on recorded vote. In Favour: Mayor B. Vrbanovic and Councillors, F. Etherington, S. Marsh, B. loannidis, K. Galloway-Sealock, S. Davey, and P. Singh Contra: Councillors J. Gazzola, Y. Fernandes, and Z.Janecki Absent: Councillor D. Schnider Deferral Proposal 5-Carried on recorded vote. In Favour: Mayor B. Vrbanovic and Councillors, F. Etherington, Y. Fernandes, S. Marsh, B. loannidis, S. Davey, Z. Janecki and P. Singh Contra: Councillors J. Gazzola and K. Galloway-Sealock Absent: Councillor D. Schnider Deferral Proposal 6-Carried on recorded vote. In Favour: Mayor B. Vrbanovic and Councillors, J. Gazzola, F. Etherington, Y. Fernandes, S. Marsh, K. Galloway-Sealock, S. Davey, Z. Janecki and P. Singh FINANCE AND CORPORATE SERVICES COMMITTEE AUGUST 10. 2015 -57 - CITY OF KITCHENER 4. FCS-15-107 - REVIEW OF PROCEDURAL BY-LAW CHANGES AND PROPOSALS TO FURTHER PROMOTE MEETING EFFECTIVENESS (CONT'D) Contra: Councillor B. loannidis Absent: Councillor D. Schnider 5. ADJOURNMENT On motion, this meeting adjourned at 2:38 p.m. D. Saunderson Committee Administrator