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FINANCE AND ADMINISTRATION COMMITTEE MINUTES
AUGUST 10, 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: Aldermen B. Stortz, T. Galloway,
G. Lorentz, J. Smola, M. Wagner, C. Weylie and J. Ziegler. Mayor D.V. Cardillo was in attendance for
part of the meeting.
Others present: Messrs. R. Freeborn, J. Hancock, J. Wallace, J. Shivas, L. Ryan, L. Parkhouse, O. den
Ouden, J. Witmer and G. Sosnoski.
1. APPLICATION FOR COMPLIANCE AUDIT - 1991 MUNICIPAL ELECTION
The Committee was in receipt of a report from Mr. R.W. Pritchard dated July 30, 1992 concerning
an application for an audit of the election campaign finances of Dominic V.P. Cardillo. They were
also in receipt of a letter dated July 31, 1992 from Mr. J.E. Arbuckle, Chief Financial Officer for
Dominic Cardillo.
Mayor D.V. Cardillo disclosed a conflict of interest and abstained from all voting and discussion
concerning the request for a compliance audit as his election campaign finances are the subject of
the request.
Alderman Zehr advised that the Committee has no jurisdiction to discuss or deal directly with the
request, and will only consider the process to be followed.
Mr. Shivas outlined the four options open to Council in dealing with the request, namely, to grant
the application and appoint an auditor; to refuse the application; to refuse, by resolution, to make a
decision within the stipulated 30 day period; or to take no action whatever. He stated that with
respect to the third option, Council could decide that it is not the appropriate body to make such a
decision and in this case the applicant could decide to proceed by way of appeal. He suggested
that all parties should be notified as to when a decision will be made by Council and given an
opportunity to make submissions. Mr. Shivas added that these could be made in writing and be
the subject of a verbal presentation at the August 17 meeting.
Mr. A.E. Arbuckle appeared on behalf of Mayor Cardillo and in response to a question from
Alderman Ziegler, indicated that he had not provided all of the material before the Committee this
date to the individual requesting the audit. He added that he had no objection to this and asked
that any additional information sent to Mr. Shivas prior to the August 17 Council be forwarded to
the applicant in the way of clarification.
Alderman Lorentz asked for information prior to the August 17 Council as to the approximate cost
to the City of the requested audit and which account this would be charged to.
Alderman Zehr advised that this issue would be dealt with by Council at the August 17 meeting
and asked the Clerk to provide formal notice to both parties.
2. LICENSING FEES - KITCHENER DOWNTOWN BUSINESS ASSOCIATION ARTS FESTIVAL
The Committee was in receipt of a report from Mrs. J. Koppeser dated July 31, 1992 requesting
direction as to the licensing of participants.
Ms. Nancy Brawley appeared on behalf of the KDBA to request a Civic Celebration designation for
the event which would allow for a reduction in the licence fee and permit participants to sell their
work.
On a motion by Alderman J. Ziegler-
It was resolved:
"That the Arts Festival (August 13-15) be declared a Civic Celebration in
1992 and the Manager of Licensing directed to issue a Hawker and Pedlars
Civic Celebration Licence to accredited artists at a fee of $1.00."
Mr. Parkhouse inquired whether the Licensing Division could proceed based on the Committee's
endorsement of this date and Alderman Zehr replied in the affirmative.
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3. 1993 LICENCE FEE INCREASES
The Committee was in receipt of a report and recommendation from Mr. R.W. Pritchard dated July
30, 1992 regarding the proposed increases.
Alderman Zehr noted that the pre-budget approval requested reflects the 2.5% guideline imposed
by Council.
On a motion by Alderman J. Ziegler-
It was resolved:
"That the 1993 Schedule of Licence Fees appended to the memorandum of
Mrs. J. Koppeser dated July 21, 1992, be approved."
4. INTERIM ASSESSMENT FACTOR CHANGES
The Committee was in receipt of a letter from Alderman C. Zehr dated August 4, 1992 concerning
assessment regulations and an accompanying memorandum from Mr. J. Gazzola dated June 25,
1992.
Alderman Zehr explained that the present legislation does not permit class factor changes midway
through a given year and as a result changes in use are either under or over assessed. He asked
that the Committee recommend changes to the legislation to allow interim factor changes and also
some form of tax relief for the two properties referred in Mr. Gazzola's memorandum.
Alderman Ziegler suggested that the tax relief referred to should comprise the City's portion of the
tax base only and asked how the School Board and Region portion would be dealt with. Alderman
Zehr replied that the owner would have to make direct application to the other taxing bodies.
On a motion by Alderman J. Ziegler-
It was resolved:
"That Council request the Province of Ontario to amend the Municipal Act in
order to allow for interim assessment factor changes, with the intention of
removing inequities inherent in the property assessment system."
On a motion by Alderman J. Ziegler-
It was resolved:
"That Council provide tax relief for the Winston Hall Nursing Home and the
registered condominium at 15 Hofstetter Avenue in response to
circumstances outlined in the memorandum of Mr. J. Gazzola dated June 25,
1992 relative to interim assessment factor changes."
5. ACCOUNT OVEREXPENDITURE DEPARTMENT OF GENERAL SERVICES AND CITY
CLERK
The Committee was in receipt of a report from Mr. R.W. Pritchard dated June 22, 1992 requesting
permission to overspend an advertising account.
On a motion by Alderman M. Wagner-
It was resolved:
"That an overexpenditure of up to $24,000.00 be approved relative to
Account #510057-1630 (Advertising) in the Department of General Services
and City Clerk."
6. BUILDING ADMINISTRATION FUND GRANT - MINISTRY OF HOUSING
The Committee was in receipt of Staff Report PD#80/92 dated July 24, 1992 concerning a
proposed application from the Building Division.
In response to a question from Alderman Ziegler, Mr. Witmer advised that if the grant application is
successful, the cost to the City would be approximately $5,000.00. He also noted that the Building
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Division would require a new printer in any case at a cost of approximately $4,000.00.
6. BUILDING ADMINISTRATION FUND GRANT - MINISTRY OF HOUSING (cont.)
Alderman Zehr asked that any motion include an upset figure for the City's contribution.
On a motion by Mayor D.V. Cardillo -
It was resolved:
"That Council endorse, in principle, the City's application to the Ministry of
Housing for a Building Administration Fund Grant intended to improve
customer service through the acquisition of two computer work stations and a
permit printer as outlined in Staff Report PD#80/92 dated July 24, 1992, and
further,
That the City's contribution in this regard not exceed $10,000.00."
7. UTILITY ARREARS
Alderman Galloway referred to the City's practice of adding utility arrears to taxes and noted that
problems have been encountered where second mortgagers have taken control of a property and
are unable to determine the value of such arrears. He recommended that where arrears for
utilities are posted to taxes, other creditors on title be automatically informed. Mr. Wallace advised
that this would not be a problem provided disclosure is confined to those parties having a
registered interest in the property. Alderman Ziegler cautioned that the onus would be on
applicants to prove that they have a registered interest in the property.
Mr. den Ouden expressed concern over the number of items the City presently adds to taxes,
either by choice or at the direction of third parties having legislative authority to do so.
Mr. Freeborn suggested that a full report outlining all ramifications of this issue be submitted for
discussion. It was generally agreed that Mr. den Ouden would prepare a report, in consultation
with Legal staff, and submit same for consideration at a future meeting of the Committee.
8. EMPLOYMENT EQUITY INITIATIVES
The Committee was in receipt of a letter and recommendation from Alderman Galloway dated
August 7, 1992 concerning the hiring process for firefighters and proposed changes to
Employment Equity legislation. Alderman Galloway clarified that the recommended motion is not
an apology but is intended as an impetus to constructively review the hiring process and improve
public perception. In addition, the actions recommended would prepare the City for implementing
the new legislation. Alderman Wagner suggested that the motion may be unnecessary as the
steps referred to would normally be undertaken by Mr. Freeborn in any case.
Alderman Stortz suggested that Section 14 (3) of the proposed legislation should be amended so
as to allow participation by Council and community groups involved with employment equity issues
on any Committee charged with implementing the legislation. Mr. Freeborn also suggested that
the last paragraph of the motion be amended so as to further broaden the composition of the
proposed Review Committee consistent with any direction in the new legislation.
On a motion by Alderman T. Galloway -
It was resolved:
"WHEREAS the hiring process for firefighters has been recently completed;
and,
WHEREAS Employment Equity is a relatively new initiative; and,
WHEREAS the Provincial Government has proposed new Employment
Equity legislation,
8. EMPLOYMENT EQUITY INITIATIVES (cont.)
BE IT RESOLVED, that a review of the recently completed hiring process
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and the new legislation be conducted. Such review committee will be
comprised of appropriate staff, a representative from each employee group,
representatives from community groups involved in employment equity
issues, representatives from City Council or such other representatives as
may be determined by the Province's new Employment Equity legislation.
Such review shall be conducted as soon as the proposed legislation and
regulations are enacted."
On a motion by Alderman B. Stortz -
It was resolved:
"That with respect to Bill 79 (Employment Equity), the Clerk inform the Office
of the Employment Equity Commissioner that the City of Kitchener is
requesting an amendment to Section 14 (3) so as to allow participation by
municipal councils and community groups involved in employment equity
issues on any committee dealing with implementation of the new legislation."
9. NEXT MEETING
The next regularly scheduled meeting of the Finance and Administration Committee will be held on
Monday, September 14, 1992.
10. ADJOURNMENT
On motion, the meeting adjourned at 12:00 noon.
G. Sosnoski
Assistant City Clerk