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HomeMy WebLinkAbout2015-11-02 FINANCE AND CORPORATE SERVICES COMMITTEE NOVEMBER 2, 2015 CITY OF KITCHENER The Finance and Corporate Services Committee met this date commencing at 9:31 a.m. Present: Councillor S. Davey - Chair Mayor B. Vrbanovic and Councillors F. Etherington, Y. Fernandes, K. Galloway- Sealock, J. Gazzola, B. Ioannidis, Z. Janecki, S. Marsh, D. Schnider and P. Singh. Staff: J. Willmer, Chief Administrative Officer D. Chapman, Deputy CAO, Finance & Corporate Services M. May, Deputy CAO, Community Services R. Regier, Executive Director, Economic Development C. Tarling, Director, Legislated Services & City Clerk R. Hagey, Director, Financial Planning H. Gross, Director, Engineering J. Readman, Director, Transportation Services M. Goldrup, Director, Human Resources D. Fagerdahl, Manager, Financial Planning P. McCormick, Manager, Parking Enterprise T. Daniels, Manager, Licensing C. Bluhm, Manager, Downtown Community Development J. Watkins, Service Improvement Facilitator A. Allidina, Legislated Services Assistant (Co-Op Student) C. Goodeve, Committee Administrator D. Saunderson, Committee Administrator FCS-15-104 - 2016 USER FEE REVIEW 1. Councillor P. Singh declared a pecuniary interest with respect to Items 1468-1475 (New Sanitary or Storm and Water connections completed or upsized along LRT routes), as he and members of his family own property in the vicinity of the LRT routes; accordingly, he did not take part in any discussion or voting regarding those matters. The Committee considered Finance and Corporate Services Department report FCS-15-104, dated October 22, 2015 regarding the fees and charges proposed for 2016, as outlined in the attached User Fee Schedule. Ms. Laurie Konkle gave a presentation outlining her concerns with the fee for a ‘Temporary Retail Market’, which is listed as Item 1246 on the 2016 User Fee Schedule. She advised that comparatively, Kitchener’s $526 fee is higher than what is charged by other municipalities for similar events. She identified her ‘Parents Bazaar / Mom2Mom’ events as being akin to a garage sale; whereby, she sells table space to parents and some businesses who sell new and used children items. She requested consideration be given to reducing the subject fee, commenting it may currently act as a deterrent to these kinds of events being held in the City of Kitchener. Responding to questions, Ms. Konkle advised that approximately 60 tables were utilized by the vendors at each of the two events she held at Bingemans. She indicated that approximately 500-600 people attended each event. She acknowledged the City does provide a reduced fee, but she is not eligible to receive it as it is only available to charities and not-for-profit organizations. She confirmed that approximately 9-10 businesses sold goods at each of her events. She suggested the City should provide her with a refund cheque in the amount of $1052., to reimburse her the licencing fee for the two events she held in Kitchener this year. In response to questions, Ms. T. Daniels advised staff would be undertaking a comprehensive review of all of the City’s business licences and anticipates bringing a report forward for consideration in 2016. She confirmed the last review of this nature was undertaken in 2005, adding the new review will ensure that a system is in place that promotes consumer protection while eliminating redundant outdated practices. She cautioned against waiving the subject fee as there are corporations who receive this licence and such an action could be perceived as bonusing. She indicated a complication with providing the ‘Temporary Retail Market’ fee at a reduced rate, even on an interim basis, relates to whether there is an expectation to provide the same standard of service. FINANCE AND CORPORATE SERVICES COMMITTEE NOVEMBER 2, 2015 - 66 - CITY OF KITCHENER FCS-15-104 - 2016 USER FEE REVIEW (CONT’D) 1. At the request of Mayor B. Vrbanovic, staff agreed to provide a report during the first quarter of 2016 outlining the terms of reference for the comprehensive review of the City’s business licencing fees. A motion was brought forward by Councillor K. Galloway-Sealock to direct staff to investigate the possible implementation of a $100. licencing fee for garage sale type events, which have no more than 15% of new goods businesses participating as an interim measures pending the completion of the comprehensive review of the City’s business licencing fees. Carried Councillor K. Galloway-Sealock’s motion was voted on and was on a recorded vote, with Mayor B. Vrbanovic and Councillors K. Galloway-Sealock, D. Schnider, S. Marsh, F. Etherington, P. Singh, B. Ioannidis, Y. Fernandes and S. Davey voting in favour; and, Councillors J. Gazzola and Z. Janecki voting in opposition. Questions were raised regarding Item 1493 which proposes the implementation of a fee for the installation of new multi-use trails. Mr. J. Readman advised if a development plan includes a trail and for some reason it is not constructed by the developer, the money that is collected through the proposed fee is utilized to construct the trail. In response to questions, Mr. D. Chapman agreed to provide information prior to the November 16, 2015 Council meeting as to the communication that has been undertaken with local area law firms regarding Item 1256 (Tax Certificates - Rush Service). In response to questions, Mr. R. Regier agreed to provide additional information as to whether a charitable rate is offered for renting the Victoria Park Pavilion. Questions were raised regarding Items 1470-1475, which pertain to new Sanitary or Storm and Water connections completed or upsized along Light Rail Transit (LRT) routes. Mr. H. Gross advised the Engineering-LRT Connections fees are proposed in relation to the expectation of an increased cost in construction due to working under the LRT line. He stated the proposed fees would be held as a guarantee at 60% of the price that is listed to ensure proper workmanship and standards are followed. He added if the work is completed at a sub-par standard or if the project is not finished, the proposed fee reflects the cost to the City to rectify and repair the work. A motion was brought forward by Councillor B. Ioannidis to defer consideration of Items 1470- 1475 to the November 16, 2015 Council meeting, to allow time for staff to examine the possibility of implementing a tiered approach to those fees for developers and non-developers. Carried Councillor Ioannidis’ deferral motion was then voted on and was . In accordance with his previously declared pecuniary interest, Councillor P. Singh did not vote on this matter. Resultant to Councillor Singh’s pecuniary interest, Items 1468 and 1469 were voted on Carried. separately and were On motion by Councillor K. Galloway-Sealock - it was resolved: “That the proposed fees and charges contained in the 2016 User Fee Schedule, be approved, as attached to Finance and Corporate Services Department Report FCS-15- 104, save and except for Item 1246 as well as Items 1470-1475; and, That staff be directed to investigate and report back on the following with respect to Item 1246 (Temporary Retail Market Licence) as an interim measures pending the completion of a comprehensive review of the City’s business licencing fees in 2016: feasibility of having a separate licence fee for garage sale type events, which have no more than 15% of new goods businesses participating in the event; and, FINANCE AND CORPORATE SERVICES COMMITTEE NOVEMBER 2, 2015 - 67 - CITY OF KITCHENER FCS-15-104 - 2016 USER FEE REVIEW (CONT’D) 1. impacts of implementing a $100 licencing fee in 2016 for Temporary Retail Markets meeting the aforementioned criteria; and, That consideration of Items 1470-1475 (New Sanitary or Storm and Water connections be deferred to the November 16, 2015 completed or upsized along LRT routes), Council meeting to allow time for staff to examine the possibility of implementing a tiered approach to these fees for developers and non-developers; and further, That Legal Services staff be directed to prepare the necessary by-laws to amend The City of Kitchener Municipal Code Chapters for fees and charges pertaining to licensing, planning applications, building permits and Committee of Adjustment applications.” INS-15-096 - SUPPORT TO DOWNTOWN BUSINESSES DURING LIGHT RAIL 2. TRANSIT CONSTRUCTION The Committee considered Infrastructure Services Department report INS-15-096, October 19, 2015 recommending free evening and weekend parking within the Downtown at City-owned parking lots until the anticipated completion of the ION Light Rail Transit (LRT) construction. Ms. Linda Jutzi, Downtown Kitchener BIA, addressed the Committee in support of the recommendation contained in Report INS-15-096. She advised there has been a significant decline in pedestrian traffic across the Downtown as a result of the LRT construction. She highlighted the various initiatives that the BIA has undertaken to encourage people to visit the Downtown and requested the City’s assistance in this through the provision of free parking. In response to questions, Ms. Jutzi spoke to the importance of each of the recommended options and pointed out the parking facilities that are proposed for this incentive are currently underutilized. She indicated the BIA has yet to approach the Region of Waterloo to seek their support to subsidize free parking in the Downtown during LRT construction. Several members expressed a desire for the Region to provide some level of assistance with this matter. Mr. J. Readman acknowledged that with direction, staff would be willing to engage the Region to request funding support for the proposed free parking initiative. On motion, Councillor Y. Fernandes brought the recommendation contained in Report INS-15- 096 forward for consideration. A motion was bought forward by Councillor B. Ioannidis to amend the staff recommendation to include an additional clause directing staff to engage the Region to attempt to recoup some or all of the costs related to supporting Downtown businesses impacted by the LRT construction. Councillor J. Gazzola questioned whether a municipality could be held liable if a business suffers a loss due to municipal construction. It was indicated the Committee would need to resolve to an in-camera meeting to receive an answer and Councillor Gazzola withdrew his question. Carried Unanimously Councillor Ioannidis’ amendment was then voted on and was on a recorded vote. Carried The following motion was voted on and was on a recorded vote, with Mayor B. Vrbanovic and Councillors K. Galloway-Sealock, D. Schnider, S. Marsh, F. Etherington, P. Singh, B. Ioannidis, Y. Fernandes, J. Gazzola and Z. Janecki voting in favour; and, Councillor S. Davey voting in opposition. On motion by Councillor Y. Fernandes - it was resolved: “That free evening and weekend parking within Downtown City-owned parking lots, be approved, as outlined in Options 2b, 3c and 4 of Infrastructure Services Department report INS-15-096 effective through to the anticipated completion of ION Light Rail Transit construction in 2017; and further, FINANCE AND CORPORATE SERVICES COMMITTEE NOVEMBER 2, 2015 - 68 - CITY OF KITCHENER INS-15-096 - SUPPORT TO DOWNTOWN BUSINESSES DURING LIGHT RAIL 2. TRANSIT CONSTRUCTION (CONT’D) That staff be directed to engage the Region of Waterloo to attempt to recoup some or all of the costs related to supporting Downtown businesses impacted by the ION Light Rail Transit construction.” The Committee recessed at 12:02 p.m. and reconvened at 1:19 p.m. chaired by Councillor S. Davey with all members present. FCS-15-139 - CENTRE IN THE SQUARE GOVERNANCE REVIEW 3. The Committee considered Finance and Corporate Services Department report FCS-15-139, dated October 6, 2015 recommending the Centre in the Square (CITS) to continue to operate as a local board under its existing structure, subject to the enactment of specified governance improvements. Mr. D. Chapman presented the report, advising it is being put forward that the existing process of cross-appointments be discontinued, and replaced with the CITS Board receiving a slate of community candidates for consideration from the K-W Symphony (KWS) and the K-W Art Gallery (KWAG). He noted nominees would not communicate back to KWS or KWAG once appointed to the CITS Board. It is also proposed that the City confirm its financial commitment to CITS during this transition as part of the 2016 Operating Budget deliberations and a collaborative approach be adopted to developing asset renewal priorities. Mr. Bruce Gordon, Chair CITS Board, addressed the Committee in support of the recommendation contained in Report FCS-15-139. Mr. Bryce Kraeker, President, KWAG, addressed the Committee in support of the recommendation contained in Report FCS-15-139. He clarified that putting forward a slate of nominees would be optional, adding no obligation is being placed on either organization to require them to put forward an annual list of nominees. Mr. Andrew Bennett, Executive Director, KWS addressed the Committee in support of the recommendation contained in Report FCS-15-139. Carried Unanimously The following motion was voted on and was on a recorded vote. On motion by Mayor B. Vrbanovic - it was resolved: “WHEREAS City Council adopted a new mandate for Centre in the Square (CITS) on March 30, 2015, and directed staff to review CITS governance in support of the refreshed mandate; and, WHEREAS the CITS Operational Review (Webb Report) recommended that governance changes should result in minimal disruption, but empower the CITS Board to assume more control over operations of the facility; and, WHEREAS the CITS Mandate Review (ArtsBuild Ontario Report) recommended that organizational change should be incremental and as resources allow; and, WHEREAS the current local board model has been identified as one of the two prevalent approaches to governance/service delivery for comparable performing arts facilities; and, WHEREAS it has been agreed by both the board of CITS and the boards of the two resident organizations (K-W Symphony and K-W Art Gallery) that direct appointments from the resident organizations to the CITS Board creates governance conflicts and is not in keeping with current governance best practice; and, FINANCE AND CORPORATE SERVICES COMMITTEE NOVEMBER 2, 2015 - 69 - CITY OF KITCHENER FCS-15-139 - CENTRE IN THE SQUARE GOVERNANCE REVIEW (CONT’D) 3. WHEREAS it has been identified by the CITS Board that the increased operating allocation from the City ($1.75M) is not sufficient to fund the operation during the four- year transition period to achieve the new mandate; and, WHEREAS the CITS Board has requested clarification surrounding the City’s role in, and responsibility for, capital renewal of the CITS; and, WHEREAS the CITS Board has requested clarification surrounding the role and accountability of members of City Council serving on the CITS Board; THEREFORE BE IT RESOLVED that the Centre in the Square (CITS) continue to operate as a local board under its present structure, subject to the following governance improvements to address issues identified by its stakeholders, as outlined in Finance and Corporate Services Department report FCS-15-139: That the current practice of cross-appointments to the CITS Board from the two resident organizations (K-W Symphony and K-W Art Gallery) be discontinued effective for the November 2015 board nominations in favour of a process whereby each organization present a list of at least three potential nominees to CITS for review as part of the CITS Board nomination process, with the final choice of two resident organization nominees to rest with CITS, said nominees to be informed and interested individuals who are not sitting K- W Symphony/K-W Art Gallery board members and with no expectation of communication of information between the two organizations; and, That a more rigorous communication process between CITS and its resident organizations (K-W Symphony and K-W Art Gallery) be detailed in the new memorandum of understanding between the organizations; and, That City Council confirm its commitment to provide transition funding to CITS, in addition to the $1.75M annual operating allocation, subject to review and approval through the annual budget process in order to facilitate the full adoption of the new mandate within the next four years; and, That the decision making accountability of the CITS Board for facility maintenance (including capital expenditures) be confirmed, and a collaborative approach to facility/component asset management be established between CITS and the City’s facilities management division; and further, That CITS expand the existing terms of reference for CITS Board members to incorporate the Council-approved mandate, the role of the Board and Council as defined in the legislation, and specific duties of Council as it relates to their responsibility for the board-City interface, as outlined in Appendix ‘A’ of Report FCS-15-139.” FCS-15-142 - CORPORATE POLICY REVIEW 4. The Committee considered Finance and Corporate Services Department report FCS-15-142, dated October 13, 2015 regarding the corporate policy review. Ms. C. Tarling and Ms. A. Allidina were in attendance and responded to questions from the Committee. On motion by Councillor K. Galloway-Sealock - it was resolved: “That the corporate policy review process and work plan, be approved, as outlined in Finance and Corporate Services Department report FCS-15-142; and further, That the master policy, be approved, as attached to Report FCS-15-142.” FINANCE AND CORPORATE SERVICES COMMITTEE NOVEMBER 2, 2015 - 70 - CITY OF KITCHENER ADJOURNMENT 5. On motion, this meeting adjourned at 2:17 p.m. C. Goodeve D. Saunderson Committee Administrator Committee Administrator