HomeMy WebLinkAboutFinance & Admin - 1992-06-15FAC\1992-06-15
FINANCE AND ADMINISTRATION COMMITTEE MINUTES
JUNE 15, 1992
The Finance and Administration Committee met this date, commencing at 11:10 a.m., under the
Chairmanship of Alderman C. Zehr with the following members present: Mayor D.V. Cardillo, Aldermen
T. Galloway, G. Lorentz, B. Stortz, M. Wagner, C. Weylie and J. Ziegler.
Others present: Alderman G. Leadston, Alderman M. Yantzi, Messrs. T. McKay, J. Gazzola, R.
Freeborn, F.S. Graham, L. Ryan, J. Wallace, R.W. Pritchard, T. McCabe, J. Panunto, G. Sosnoski and
Ms. L. MacDonald.
Mr. McKay introduced Mr. Bruwer Blignaut and Mr. Ernie Jacobs from the City of Windhoek, Namibia,
who are visiting Kitchener under the Africa 2000 Exchange Program sponsored by the Federation of
Canadian Municipalities.
WATER BILLING DISPUTE - 382 STIRLING AVENUE S.
The Committee was in receipt of a report from Mr. J. Gazzola dated May 14, 1992 relative to the
billing and the concerns raised by the property owner. This item was referred to the Committee by
Council at its meeting of May 19, 1992.
Mr. Brian Strickland, the owner of 382 Stirling Avenue S., expressed indignation over what in his
opinion were inaccuracies contained in the staff reports. Mr. Strickland stated that at no time had
he characterized staff actions as incompetent, nor had he indicated he would not pay the bill or
discuss payment arrangements. He referred to the lengthy delay between the time the meter is
read and the date on which the property owner is notified. He also pointed out that the bill does
not refer to the billing period and that the new computerized meters cannot be read without special
equipment, all of which makes it difficult to monitor consumption for irregularities.
Mr. Strickland advised that he would like the accuracy of the billed amount verified, the present
waterflow checked and notification provided as to whether the problem has been corrected and the
amount of the bill reduced by one third to compensate for the delay in notifying the owner of
abnormal water use.
Alderman Ziegler suggested that a policy should be developed whereby any sudden, large,
increases in water consumption result in an acceleration of the billing process and an earlier
notice to customers. He also referred to a report he had previously requested concerning a self-
reading meter system.
Mr. Gazzola pointed out that the billing at issue relates to a multiple unit dwelling and that with this
type of property it is difficult to identify abnormal consumption. He noted that staff do not know
whether all units are fully rented, nor are they aware of the consumption patterns of the occupants,
which traditionally vary with age. It was also pointed out that consumption history cannot be
presently checked at the time data is taken from the meter.
Mayor Cardillo noted that the City has already waived the $102.41 late charge relative to this
billing. Alderman Zehr clarified that at present only the $921.70 bill for the period December 10,
1991 to March 12, 1992 is being considered.
Alderman G. Leadston entered the meeting at this time.
Mr. Gazzola suggested that in light of a dramatic increase which had been registered on a
previous billing, the owner should have contacted the City when he was first aware of the problem.
Alderman Zehr questioned whether the meter has been checked for accuracy and whether the
waterflow is still considered abnormal. Mr. Gazzola replied in the affirmative to the former and
indicated that he could not comment at present concerning current water consumption. Alderman
Zehr asked that present consumption be checked and Mr. Gazzola agreed to monitor the situation
on a weekly basis until the problem is resolved.
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WATER BILLING DISPUTE - 382 STIRLING AVENUE S. (cont.)
On a motion by Alderman J. Ziegler-
It was resolved:
"That a $300.00 credit be issued, without prejudice or precedent, to Mr. Brian
Strickland and be applied to the water bill for 382 Stirling Avenue S. to cover
consumption for the period December 10, 1991 to March 12, 1992."
Alderman Zehr requested a report concerning the number of invoices reflecting an increase in
consumption greater than 50%, and also addressing improvements to the current procedure of
notifying property owners regarding abnormal consumption.
2. DELEGATION - MARKET VALUE REASSESSMENT
Mr. R. Rockel, 21 Colebrook Court, appeared concerning the phasing-in of tax increases and
decreases due to the recent market value reassessment.
Mr. Gazzola advised that numerous calls have been received concerning the phasing-in of tax
decreases and he put the Committee on notice that these individuals have been given the option
of presenting their comments to the Finance and Administration Committee. Alderman Ziegler
read from the letter circulated by the Finance Department with the notice of tax adjustment and
expressed concern that it does not clearly indicate the immediate savings to a property owner
irrespective of the impact of the Phase-in Program.
Mr. Rockel explained that the last reassessment on his property was completed after he had
purchased the house. At that time, he felt the market value was too high and formally objected but
a reduction was not granted. Mr. Rockel pointed out that following the most recent reassessment
a reduction of approximately $600.00 was granted, which is subject to the Council approved
Phase-in Program. He stated that in his opinion it is wrong for Council to subsidize reassessment
increases through the phasing-in of decreases especially since the market value system has a
clear route of appeal. He also suggested that the Phase-in Program was implemented without
consulting those individuals who would normally have received an immediate decrease.
Mr. Gazzola advised the Committee that a great deal of extra work has been required of Finance
staff to complete the letters of notification and he publicly thanked those involved for their efforts.
3. FEE FOR RELEASE OF DEVELOPMENT AGREEMENTS
The Committee was in receipt of a joint report and recommendations from Mr. T. McCabe and Mr.
J. Wallace dated January 7, 1992 concerning a six month evaluation of the Release Fee Program.
Mr. McCabe referred to the report noting that it contains recommendations concerning
administrative procedures which the Department wishes to put in place. He advised that
administrative problems had developed in the first six months of the year and acknowledged that
the effect of the fee on applications by lawyers was underestimated, with a subsequent reduction
in anticipated revenue.
Mr. Wallace reviewed and explained each of the initiatives proposed in Item #2 of the report.
Moved by Mayor D.V. Cardillo -
"That Council rescind its February 11, 1991 resolution so as to eliminate the
provision of a single free follow-up request for the release of development
agreements and to amend its policy respecting grading releases so that
exemptions apply only to those situations in which grading will never be
released, and further,
3. FEE FOR RELEASE OF DEVELOPMENT AGREEMENTS (cont.)
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That Council endorse the policies set out in Report #PD 135/91 with regard
to fee administration as submitted by Mr. T. McCabe and Mr. J. Wallace and
dated January 7, 1992."
Alderman Ziegler expressed the belief that realtors and developers should make consumers
aware of the charges involved. It was generally agreed that staff would notify the Waterloo Law
Association, the K-W Real Estate Board and Local Home Builders Associations concerning the fee
structure.
The motion by Mayor D.V. Cardillo to adopt the changes proposed in the staff report was voted on
and CARRIED.
4. INVOICING FEE - FENCING PAYMENT POLICY
The Committee was in receipt of a memorandum from Alderman J. Ziegler dated May 26, 1992
and report from Mr. J. Nelson dated May 19, 1992 concerning the policy and invoicing fee as it
applies to a specific property. Also circulated under separate cover was a report from Mr. J.
Gazzola dated June 12, 1992 responding to the suggestion that the 20% invoicing fee should be
waived in this instance.
Alderman Ziegler pointed out that with the additional 20% fee the property owner actually pays
60% of the cost rather than the 50/50 split envisioned when the policy was endorsed. Mr. Gazzola
replied that the fee should be applied if Council feels that invoicing is a legitimate cost. He
expressed the opinion that it is since this type of administrative overhead does not relate to a
general service provided to all taxpayers, and suggested that the fee should be applied in this
instance. Alderman Ziegler agreed with Mr. Gazzola to the extent that there is an actual cost to
the City, but noted that the fence is being installed due to a negative impact on an individual's
privacy as a result of a public access route. He suggested that this purpose should override any
fee collection principle.
On a motion by Alderman J. Ziegler-
It was resolved:
"That Council adhere to its present policy of sharing, on a 50/50 basis, the
cost of erecting fences on properties adjacent to City-owned lands, with any
costs relative to administrative overhead being absorbed by the municipality
in the case of installation requests from homeowners."
5. EXTENSION OF INTERIM CONTROL BY-LAW 91-215 - LICENSING ISSUES
The Committee was in receipt of a memorandum from Ms. G. Redgwell dated June 9, 1992
concerning a June 4, 1992 resolution of the Kitchener Downtown Action Committee.
Alderman Stortz introduced the motion and explained that staff have considered a licensing
program for individual operators similar to that which is in place for massage parlours. Mr.
Pritchard expressed concern that the City may not have the statutory authority to licence and
requested clarification of the phrase "well managed establishment" contained in the motion.
Mr. Wallace advised that special legislation allows the City to regulate and govern operators of
amusement arcades only and not the owners. In response to a question from Alderman Stortz, he
added that the present by-law could be amended in this regard to allow the police to check for
criminal records. Mr. Wallace stated that it is difficult to define a "well managed establishment"
and for the purposes of enforcement it is easier to define one which is ill managed and suggested
that the City move in this direction.
5. EXTENSION OF INTERIM CONTROL BY-LAW 91-215 - LICENSING ISSUES (cont.)
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On a motion by Alderman B. Stortz -
It was resolved:
"That the Legal Department staff be instructed to prepare a draft by-law to
license individual operators of amusement arcades in the City of Kitchener,
and further,
That the above recommendation be considered at the special Council
meeting to deal with the extension of Interim Control By-law 91-215
scheduled for June 15, 1992."
6. PET SHOP AND DOG KENNEL LICENSING BY-LAW
Two draft amending by-laws were circulated to members of Council under separate cover and
were attached to a memorandum from Ms. L. MacDonald dated June 12, 1992.
Ms. MacDonald advised that there is no provision under the Municipal Act to licence kennels
outside of those designated in the Animal Pedigree Act, and the draft by-laws before the
Committee this date have been prepared based on this assumption. She noted that an additional
clause is proposed relative to pets stores.
Alderman Zehr noted that the draft by-law does not define "kennel" and asked where a definition
could be obtained. Alderman Ziegler suggested that the definition would relate to kennels which
are eligible for registration or are registered, and offered the opinion that any facility having more
than six dogs should meet specific standards.
Ms. MacDonald asked for an opportunity to meet with the Humane Society before the by-law is
considered by Council. Alderman Ziegler added that an additional, parallel, by-law relative to the
boarding and breeding of animals should be considered and the present draft by-laws sent to a
public meeting subject to the comments of the Humane Society.
It was generally agreed that staff, subject to or in conjunction with the comments of the Humane
Society, would draft three by-laws, the first two amending Chapters 530 (Dogs) and 575 (Pet
Shops) of the Municipal Code with the third to address the boarding and breeding of animals and
dogs. It was also agreed that if the latter by-law cannot be applied to dogs, a request be lodged
with the Province for special legislation to license the boarding and breeding of animals and dogs.
Finally, it was agreed that the first two by-laws would be sent to a public meeting to be held in July
or August and at that time the public informed of the possibility of an additional by-law relative to
boarding and breeding.
7. COUNCIL PARTICIPATION - OMERS PENSION PLAN
The Committee was in receipt of an information report from Mr. J. Panunto dated June 8, 1992 and
OMERS handbooks were circulated to Members of Council under separate cover.
Alderman Zehr indicated that a resolution of Council is required in order to participate and
participation is obligatory for all Members of Council. In response to a question from Alderman
Ziegler, Mr. Panunto indicated that the buyback provisions of OMERS may be an option in this
case. He referred the Committee to the schedule in his report outlining the required contributions
and reiterated an earlier comment that once the resolution is passed 100% participation is
required. Mr. McKay clarified that a majority vote rather than an unanimous vote is required of
Council.
Alderman Galloway inquired as to the cost to the City of Council participation and Mr. Panunto
replied that the City would match each individual contribution. Alderman Galloway indicated it was
his understanding this would become part of the enumeration package of Council.
7. COUNCIL PARTICIPATION - OMERS PENSION PLAN (cont.)
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On a motion by Alderman C. Weylie -
It was resolved:
"That Kitchener City Council participate in the Ontario Municipal Employees
Retirement System (OMERS)."
8. HOURS OF OPERATION - GASOLINE SERVICE STATIONS
At the request of Alderman Zehr, consideration of this item was deferred and referred to the
August 10, 1992 meeting of the Finance and Administration Committee.
9. NEW BUSINESS
Alderman Weylie inquired as to why the City charges 15% on unpaid taxes when the current bank
rate is lower. Alderman Ziegler also asked for a report outlining why business taxes are paid in
two rather than three instalments, which is the case with residential properties. He also asked for
a comparison of tax arrears during the current recession relative to the previous recession.
Alderman Zehr asked that these items be referred to the August 10 meeting.
10. 1993 PRO FORMA BUDGET
Mr. Gazzola gave a presentation relative to the 1993 Budget and asked that Council establish
guidelines for staff to be used in preparing their submissions. He reviewed the various factors
affecting the 1993 mill rate and noted that it is assumed the assessment base will not grow at all
this year, and if there is growth it will be offset by factors relating to the recession. He reminded
the Committee that the 1992 target for the Pro Forma Budget was a 7.5% increase compared to
the actual increase of approximately 2.5% and reviewed the elements which allowed this
reduction.
Mr. Gazzola reviewed the Consumer Price Index and advised that at present the Pro Forma
Budget is calculated on the basis of a 2.5% inflation factor which is based on industry estimates.
He then reviewed the expenditure, revenue and annualization factors having an impact on the mill
rate, noting that the latter already account for an approximately 2% increase in 1993. Mr. Gazzola
noted that he had proposed to Management Committee that in future when any new item is added
a full year of cost be included in the budget rather than partial costs as has been the case in the
past. He advised that this would have a benefit in subsequent budgets and asked the Committee
to consider this option.
Mr. Gazzola pointed out that at present the Pro Forma Budget is in a balanced position and
reflects a 5.6% mill rate increase. He noted that a reduction of approximately $1,700,000.00 is
required to meet a target of 2.5%. Alderman Stortz suggested that an inflation factor of 1.5% be
used for budget purposes and Alderman Ziegler suggested a 0% increase for new employee
contracts. Mr. Gazzola advised that at present both Fire and Transit have not settled two year
contracts and Mr. McKay added that several contracts have already been settled at a rate of 2% in
1993. He noted that Fire has indicated 2% is unacceptable and it would be unfair to offer Transit
less than that amount. He encouraged the Committee to seriously question the inflation factors in
the Pro Forma Budget relative to wages in these areas, as they are unrealistic and these targets
cannot be met.
A motion by Alderman B. Stortz to reduce the inflation factors for wages, Boards, capital and other
expenses by 0.5% was voted on and LOST.
The following guidelines for the purpose of budget preparation were endorsed:
Expenditures
Inflation Wages - Fire
Transit2.0%
2.5%
10.
1993 PRO FORMA BUDGET (cont.)
Inflation - Other expenses 1.0%
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Inflation - Boards
Inflation - Capital expenses
1.5%
0.0%
Revenues
Assessment Growth 0.0%
Grants2.0%
User Fees 2.5%
Transit Fees 2.5%
Transfer from enterprises 5.0%
Sundry Income 2.5%
Levy Increase 2.0%
In addition, it was agreed to eliminate the $300,000.00 amount allocated to a Water Dividend.
It was noted that the changes proposed would reduce the levy increase to 4%.
On a motion by Alderman B. Stortz -
It was resolved:
"That an increase of 2% be used by staff as a guideline in preparing 1993
budget submissions."
Mr. Gazzola circulated a proposed budget schedule dated June 9, 1992 for consideration by the
Committee.
11. NEXT MEETING
The next regularly scheduled meeting of the Finance and Administration Committee will be held on
Monday, July 6, 1992.
12. ADJOURNMENT
On motion, the meeting adjourned at 1:30 p.m.
G. Sosnoski
Assistant City Clerk