The URL can be used to link to this page

Home My WebLink About2016-06-13 FINANCE AND CORPORATE SERVICES COMMITTEE JUNE 13, 2016 CITY OF KITCHENER The Finance and Corporate Services Committee met this date commencing at 1:54 p.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 C. Fletcher, Interim Executive Director, Infrastructure Services J. Readman, Interim Executive Director, Infrastructure Services R. Regier, Executive Director, Economic Development C. Tarling, Director, Legislated Services & City Clerk D. Fagerdahl, Manager, Financial Planning C. Goodeve, Committee Administrator FCS-16-092 - APPOINTMENT OF INTEGRITY COMMISSIONER 1. The Committee considered Finance and Corporate Services Department report FCS-16-092, dated June 2, 2016, recommending approval of Request for Proposal P16-053 seeking to other optional services for consideration. Ms. C. Tarling presented the report, advising the RFP was structured to allow flexibility for the participating municipalities to opt in or out of any of the following optional services: Optional Service 1 - Formal Advice; Optional Service 2 - Consultation; Optional Service 3 - Education, Training and Information; and, Optional Service 4 - Conflict of Interest. Ms. Tarling clarified that Optional Service 4 would only be general advice on issues relating to Municipal Conflict of Interest Act, the adding any advice from the IC could not be relied upon in Act court in defense of an alleged breach of that . She indicated an alternative could be pursuing a program similar to the Region of Waterloo; whereby, Regional Councillors obtain their own independent legal advice with respect to pecuniary interests and are reimbursed by the Region, subject to certain limits. In terms of the four optional services, she stated further investigation of how those have been applied in other municipalities would need to be undertaken prior to implementation. She noted a report could be brought forward at a future meeting outlining the parameters and process for consuming the additional IC services. In response to questions, Ms. Tarling advised the existing budget for IC services is $2,000, which equates to approximately eight hours of services from ADR Chambers based on their quoted hourly rate of $250. She stated the addition of any or all of the optional services would likely increase consumption and could leave the City with no funding for an actual investigation. Accordingly, consideration would need to be given to increasing the budget depending on whether any or all of the optional services are selected. Responding further, Mr. Chapman acknowledged for any of the optional services the future staff report would include information on both frequency of use and costs incurred by other municipalities. In addition, Ms. Tarling agreed to report back on the specific issues, if any, which may have impacted the budgets of the comparator municipalities. Questions were raised regarding approving the optional services without knowing the associated budgetary impact. Mr. Chapman indicated that at the June 27, 2016 Council meeting, a motion could be brought forward to approve the RFP but defer consideration of the optional services until a follow-up report is provided detailing the scope of their implementation. He stated prior to the Council meeting, staff would confirm with the vendor that they are comfortable holding their pricing and proposal until the future date of the follow-up report. Responding to questions regarding the applicability of Optional Service 4, Mr. Chapman advised as part of the follow-up report staff could provide additional information regarding the FINANCE AND CORPORATE SERVICES COMMITTEE JUNE 13, 2016 - 32 - CITY OF KITCHENER FCS-16-092 - APPOINTMENT OF INTEGRITY COMMISSIONER (C 1. possibility of indemnifying the Corporation to permit the advice provided by the IC to be used as part of a legal proceeding against a member of Council. He added direction could be given for staff to also review the model used by the Region of Waterloo as an alternative pending the information provided on Optional Service 4. On motion by Councillor B. Ioannidis, the recommendation contained in Report FCS-16-092 was brought forward for consideration along with all four optional services and direction for staff to investigate the implementation of the model used by the Region of Waterloo with respect to Councillor pecuniary interests. Councillor J. Gazzola requested that each clause as well as the optional services be considered separately on recorded votes. A motion was brought forward by Councillor S. Marsh to amend Optional Service 1 to remove the requirement for the IC to review the Code of Conduct and make recommendations for ded basis. Carried on a recorded vote with Mayor B. Vrbanovic and Councillors K. Galloway-Sealock, P. Singh, B. Ioannidis, S. Davey, F. Etherington, D. Schnider, S. Marsh, and Y. Fernandes voting in favour; and, Councillors Z. Janecki and J. Gazzola voting in opposition. On motion by Councillor B. Ioannidis - it was resolved: hat request for proposal P16-053 Integrity Commissioner Services (Cooperative), be awarded to ADR Chambers, Toronto, Ontario, at their quoted hourly rate to provide the Core Services, outlined in Finance and Corporate Services report FCS-16-092 for a contract term of three (3) years with the option to renew for two (2) additional years with the same terms and pricing; and, That ADR Chambers, Toronto, Ontario, also provide the following Optional Services, as outlined in Report FCS-16-092, at their quoted hourly rates for a contract term of three (3) years with the option to renew for two (2) additional years with the same terms and pricing: Optional Service 1 - Formal Advice, as needed; Optional Service 2 - Consultation; Optional Service 3 - Education, Training and Information; and, Optional Service 4 - Conflict of Interest; and further, That staff be directed to investigate and report back on the feasibility of implementing a further Optional Service whereby Councillors could obtain their own independent legal advice with respect to pecuniary interests, similar to the model used by the Region of Voted on clause by clause. Carried Unanimously on a recorded Clause 1 - vote. Carried Clause 2 - Optional Service 1, as amended - on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, Y. Fernandes, B. Ioannidis, S. Marsh, P. Singh and F. Etherington. Contra: Councillors J. Gazzola, K. Galloway- Sealock and Z. Janecki. FINANCE AND CORPORATE SERVICES COMMITTEE JUNE 13, 2016 - 33 - CITY OF KITCHENER FCS-16-092 - APPOINTMENT OF INTEGRITY COMMISSIONER (CONT 1. Carried on a Clause 2 - Optional Service 2 - recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, Y. Fernandes, B. Ioannidis, S. Marsh, P. Singh and F. Etherington. Contra: Councillors J. Gazzola, D. Schnider, K. Galloway-Sealock and Z. Janecki. Carried Clause 2 - Optional Service 3 Unanimously on a recorded vote. Carried on a Clause 2 - Optional Service 4 - recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, B. Ioannidis, S. Marsh, D. Schnider and P. Singh. Contra: Councillors J. Gazzola, Y. Fernandes, K. Galloway-Sealock, F. Etherington and Z. Janecki. Carried on a recorded vote. Clause 3 - In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, Y. Fernandes, B. Ioannidis, S. Marsh, P. Singh, F. Etherington, K. Galloway-Sealock and Z. Janecki. Contra: Councillor J. Gazzola. Pursuant to Chapter 25.10.9(5) (Procedure) of the Municipal Code, a motion was brought forward by Councillor Y. Fernandes to discuss the following Information Items, which was voted on and was Carried. CAO-16-011 - APRIL 2016 BUSINESS PLAN STATUS UPDATE 2. Office report CAO-16-011, dated June 1, 2016 outlining the status of the 86 projects on the City of Kitchener 2016 Business Plan. Responding to questions regarding Item NB16 (Development Incentives for Affordable Housing - Phase 2), Mr. M. May agreed to re-circulate the previous report which outlined the preliminary findings of this project. FCS-16-081 - 2016 APRIL VARIANCE REPORT 3. The Committee was in receipt of Finance and Corporate Services Department report FCS-16- 081, dated June 1, 2016 regarding the variance between the City the 2016 Budget. Mr. D. Chapman was in attendance and responded to questions from the Committee. ADJOURNMENT 4. On motion, this meeting adjourned at 2:56 p.m. C. Goodeve Committee Administrator