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HomeMy WebLinkAboutFinance & Admin - 2000-04-10FAC\2000-04-10 FINANCE & ADMINISTRATION COMMITTEE MINUTES APRIL 107 2000 CITY OF KITCHENER The Finance and Administration Committee met this date, chaired by Councillor J. Ziegler, commencing at 10:04 a.m., with the following members present: Mayor C. Zehr and Councillors J. Haalboom, G. Lorentz, John Smola, K. Taylor-Harrison, B. Vrbanovic, C. Weylie and M. Yantzi. Councillor T. Galloway was in attendance for part of the meeting. Officials Present: Ms. A. Menon, Ms. J. Koppeser, Ms. P. Houston, Ms. P. Ferraro, Ms. C. Ball, Ms. H. Storer and Messrs. J. Gazzola, J. Witmer, F. Pizzuto, J. Shivas, R. Pritchard, B. Stanley, G. Sosnoski, G. Melanson, M. Hausser, P. Sinnott, D. Paterson, O. den Ouden and Ms. D. Gilchrist. 1. STAFFING REQUIREMENTS IN THE BUILDING DIVISION The Committee was provided with copies of Business & Planning Services Staff Report BPS # 00/40, dated April 10, 2000, recommending that the two existing Temporary Plans Examination staff position be made permanent and that staff be permitted to add and/or terminate Inspection and Plans Examination staff based on a specific criteria. Mr. J. Witmer was in attendance to represent the report and provided statistical information for January, February and March for the last three years, concerning permits issued, construction values and building permit fees. He presented the request as outlined in the report. Councillor K. Taylor-Harrison moved the staff recommendation. Several members of the Committee spoke in support of the motion. Councillor Vrbanovic questioned yearly updates on the staffing situation and Mr. Witmer advised that these updates will come before Council each year at budget time. Councillor Weylie questioned the salaries for these positions in other municipalities and Mr. Witmer responded that the salaries are comparable, the only difference is that the positions are permanent. On a motion by Councillor K. Taylor-Harrison - it was resolved: "That the two existing temporary Plan Examination staff positions within the Building Division be made permanent; and further, That Council authorize the addition or termination of Inspection and/or Plan Examination staff positions on the basis of activity levels of 150 permits per Inspector per year and 250 permits per Plan Examiner per year." Carried Unanimously It was suggested by the Chair that this recommendation be forwarded to the special Council meeting this date. 2. ENCROACHMENT AGREEMENT - REGGIES, 1 KING STREET WEST Mr. A. Attwooll, owner of Reggie's at 1 King Street West appeared as a delegation in support of his request for an encroachment agreement to locate a hot dog cart on the sidewalk in front of his restaurant. It was noted that Council had deferred and referred a recommendation in this regard at the Council meeting of April 3, 2000, to this meeting. Mr. Attwooll addressed the Committee advising that for the last four years he has had an encroachment agreement with the City of Kitchener to locate a hot dog cart in front of his restaurant at 1 King Street West and has also had a hot dog cart across from City Hall. He addressed concerns which had been raised about garbage, noting that he has spoken with his operators and that the City has his assurance that the portion of the sidewalk from his hot dog cart to the corner of King and Queen Street will be designated as his garbage pickup area. He offered his assurance that if there are any other problems they would be addressed. Members of the Committee commented on various aspects of the operation of the hot dog cart including storage of food outside the cart, operation of the cart at times outside those permitted in the encroachment agreement in terms of months of the year and after 11:59 p.m. Mr. Attwooll advised that he was not aware of the situation of storage of food outside the cart. That, with FINANCE & ADMINISTRATION COMMITTEE MINUTES APRIL 10, 2000 -31- CITY OF KITCHENER respect to operation during months not covered by the agreement, Mr. Attwooll advised that he ENCROACHMENT AGREEMENT - REGGIES, 1 KING STREET WEST - CONT'D read in The Record that hot dog carts were being permitted twelve months of the year. He also stated that he had advised his operators not to operate the cart after midnight. Councillor G. Lorentz put forward a motion to approve the encroachment agreement stating that Mr. Attwooll has given his assurance that the problems will be rectified. Mayor Zehr questioned staff regarding conditions in the agreement with respect to cleanliness, food standards, and consequences if the conditions of the agreement are not met. Councillor J. Ziegler questioned the length of the 2000 season. Mr. J. Shivas advised that the 2000 season starts the day the agreement is executed and expires October 31, 2000. Mr. Shivas also advised that the agreement includes conditions with respect to cleanliness and it includes a termination clause in the event that breaches occur. He stated that in the event of a breach, staff would be suggesting to the operator that the agreement is terminated and the operator can appeal to Council. Councillor G. Lorentz agreed to an amendment to the motion to include a specific period of the 2000 season. He requested that copies of the encroachment agreement be made available to Council prior to next Monday night's Council meeting. Councillor Weylie questioned who may apply for an encroachment agreement and Mr. Shivas advised that it is the operator of the restaurant abutting that portion of the sidewalk. Councillor Weylie questioned how we can ensure that Mr. Attwooll gets a copy of the agreement and was advised that he is provided with a copy once it has been executed. Councillor B. Vrbanovic questioned whether agreements would be terminated, and operators prevented from operating, should breaches occur during the summer when Council's meeting schedule is reduced. Mr. Shivas responded that if this should occur they would not be able to operate until Council could hear their appeal. Councillor B. Vrbanovic advised that he would reluctantly support the motion, advising Mr. Attwooll of Council's position that the conditions of the agreement must be followed. On a motion by Councillor G. Lorentz - it was resolved: "That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Reggie's to operate a hot dog cart in front of Reggie's located at 1 King Street West for the 2000 season, being from the date the Encroachment Agreement is signed until October 31, 2000." 3. ENCROACHMENT AGREEMENT - SPORTS CAFI~, 102 KING STREET WEST The Committee was in receipt of a report from Ms. L. MacDonald, Assistant City Solicitor, dated April 5, 2000, with respect to a request from the owners of the Sports Caf~ at 102 King Street West for an encroachment agreement to locate a patio in front of their premises for the 2000 season. Mr. A. Correia appeared as a delegation to represent this request. Several members of the Committee spoke of problems regarding patron behaviour previously experienced at the sidewalk patio at the Sports Cafe, noting this as the reason an encroachment agreement for this purpose has been denied over the last few years. Mr. Correia advised that he had problems policing the sidewalk patio, and this year circumstances have changed as he has hired more staff, limited the hours of operation and would be closing the patio at approximately 9:00 p.m., when it gets dark. Councillor Lorentz questioned whether Mr. Correia would be willing to include his reduced hours of operation in the encroachment agreement and he advised that he would. There was also a FINANCE & ADMINISTRATION COMMITTEE MINUTES APRIL 10, 2000 - 32- CITY OF KITCHENER discussion about limiting the number of people in the patio area in light of the Smoking By-law. ENCROACHMENT AGREEMENT - SPORTS CAFI~, 102 KING STREET WEST - CONT'D A discussion then took place with respect to liquor licence infractions at the Sports Cafe. Councillor Vrbanovic put forward a motion of no action on the request, stating that in light of other operational issues he was not comfortable that operating standards have improved. A brief discussion then took place on the motion. On a motion by Councillor B. Vrbanovic - it was resolved: "That no action be taken on the request of ACI Amusements Inc., the operators of Sports Cafe, to permit the use of four (4) feet of sidewalk directly in front of Sports Caf~ located at 102 - 104 King Street West, for the operation of a sidewalk patio for the 2000 season." 4. PERMISSION FOR FOOD VENDORS TO LOCATE ON CITY PROPERTY FOR VARIOUS SUMMER EVENTS The Committee was in receipt of a report from Ms. J. Koppeser, Manager of Licensing, dated April 4, 2000, with respect to request for permission to invite various vendors to Civic Square and Victoria Park to sell food items during the month of June, July and August. Ms. Koppeser advised the Committee that an additional event needs to be added being the Italia Event to take place on July 20 and 21, 2000, along with a request that it be declared an event of municipal significance and that staff be permitted to apply for a liquor licence for this event. On a motion by Councillor B. Vrbanovic - it was resolved: "That permission to sell food in Civic Square and Victoria Park be granted on the following dates, provided the necessary licences, including Health and Fire approvals, are obtained: DATE EVENT- LOCATION VENDORS June 2 Civic Square- 2 Vendors selling hot dogs and BLOCK PARTY fries July 4, 11, 18, 25 Civic Square - 2 Vendors selling ice cream, sno TOONEY cones, candy floss TUESDAYS July 7, 8 or 8, 9 Civic Square - 4 Vendors selling ethnic foods SALSA July 13, 20, 27 Civic Square - 3 Vendors selling food related to GLOBAL BEAT the culture that is featured July 20 & 21 Civic Square - Various food vendors ITALIA August 17, raindate 18 Victoria Park- 5 Vendors selling hamburgers, KIDSPARK fries, ice cream, etc. ;and, That in celebration of our multiculturalism and to foster community spirit, the Salsa Event on July 7 to 9, 2000 and the Italia Event on July 20 and 21, 2000, be declared events of "Municipal Significance" to allow a Special Occasion Liquor Licence to be obtained; and further, That staff of the Community Services Department be permitted to sign a Liquor Licence Application for the Salsa and Italia events, on behalf of the City." FINANCE & ADMINISTRATION COMMITTEE MINUTES APRIL 10, 2000 - 33- CITY OF KITCHENER 5. REQUEST FROM DOON HERITAGE CROSSROADS FOR FIREFIGHTERS MUSTER The Committee was in receipt of a report from Ms. J. Koppeser, Manager of Licensing, dated April 4, 2000, advising of the request received from the Doon Heritage Crossroads that the retail exhibition licence for the Firefighters' Muster to take place on May 27, 2000, at Doon Heritage Crossroads be waived. On a motion by Councillor J. Haalboom - it was resolved: "That a reduced fee of $10.00 be applicable for the Temporary Retail Market Licence for the Fire Fighters' Muster to be held on May 27, 2000 at Doon Heritage Crossroads." REGIONAL POLICE USE OF CITY PROPERTY FOR EMERGENCY RESPONSE UNIT TRAINING The Committee was in receipt of a report from Messrs. G. Melanson, Assistant City Solicitor and D. Hergott, Manager of Facilities Management dated April 4, 2000, with respect to a request received from the Waterloo Regional Police Services to use City property for Emergency Response Unit Training. Councillor John Smola noted that, in the letter from the Waterloo Regional Police Services, they advised that they are willing to notify residents in the area of these buildings and requested that his name and phone number be included in such notification for residents within the vicinity of the old Firehall #2 at 629 Guelph Street. On a motion by Councillor B. Vrbanovic - it was resolved: "That the Mayor and Clerk be authorized to execute an agreement (letter of understanding) with the Waterloo Regional Police Services (WRPS) to allow the Emergency Response Unit (ERU) to use City property at the old Firehall #2, 629 Guelph Street, provided that the agreement provides for termination on seven days notice, indemnification and other matters satisfactory to the City Solicitor; and, That other properties for ERU training may be added as agreed to by the Chief Administrative Officer, or designate, and Facilities Management, potentially including the City Hall Parking Garage (after hours) and the storage building at Lips Park on Guelph Street, with the understanding that the WRPS will notify neighbours within a reasonable proximity to any properties intended to be used for ERU training; and further, That the notice sent to the neighbours in the vicinity of old Firehall #2, 629 Guelph Street, include Councillor John Smola's name and telephone number." BILL 79 IMPLEMENTATION COSTS The Committee was in receipt of a report from Ms. P. Houston, Chief Financial Officer and City Treasurer, dated April 4, 2000, with respect to the Province's retroactive change to the taxation rules in Bill 79. Ms. Houston introduced the report, explaining the problems caused by the Bill and the costs involved. She advised that staff are recommending that the Province improve the compensation formula to better reflect the costs incurred by municipalities. Mayor C. Zehr put forward a motion to adopt the recommendation contained in the staff report. He requested that in addition to the normal correspondence sent by the Clerk's Department that Ms. Houston send correspondence including a copy of her report. FINANCE & ADMINISTRATION COMMITTEE MINUTES APRIL 10, 2000 - 34- CITY OF KITCHENER 7. BILL 79 IMPLEMENTATION COSTS - CONT'D On a motion by Mayor C. Zehr - it was resolved: "WHEREAS the Province decided to retroactively change the taxation rules with Bill 79; AND WHEREAS the Province was unable to provide assessment information in a timely manner because of Bill 79, which in turn caused significant delays in tax billing; AND WHEREAS these delays in issuing tax bills caused the municipalities to delay paying the Education levies when due; THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Kitchener petition the Province to improve the compensation formula to better reflect the costs incurred by municipalities due to the delayed implementation of Bill 79; and further, THAT this motion be sent to the Ministry of Municipal Affairs and Housing, Ministry of Finance, Ministry of Education and local MPP's." 8. CHANGES TO MUNICIPAL CODE CHAPTER 530 (DOGS) RE: DANGEROUS DOGS The Committee was in receipt of electronic mail from Councillor J. Ziegler, dated April 5, 2000, requesting changes to Municipal Code Chapter 530 (Dogs); as a result of an incident in which an eight-year-old girl was viciously attacked by a Husky dog. Attached to Councillor Ziegler's electronic mail was a letter from Mr. J. LaFlamme, By-law/Licensing Supervisor for the Kitchener- Waterloo and North Waterloo Humane Society, dated April 3, 2000. Mr. LaFlamme of the Humane Society appeared as a delegation as well as Ms. B. Edwardson. Mr. LaFlamme addressed the Committee and explained the recent incident advising that the Humane Society does not have the right to remove the dog. He advised that the proposal before the Committee today would give the Humane Society the authority to remove a dog in such a situation as this, until the appeal is heard. Ms. B. Edwardson advised that she is resident in the complex where the girl who was attacked lives. She also advised that the Humane Society is limited in what it may do in these circumstances and that she is supportive of the proposed changes. Mr. LaFlamme again addressed the Committee advising that he would like the authority to give a verbal designation to be followed by written notice. When questioned by the Committee, Ms. A. Menon, Assistant City Solicitor, advised that she believes that the proposed amendments are within the City's power; however, she would like an opportunity to review the legislation. She also asked for an opportunity to review the request for a verbal designation, as she believed it needed to be in writing. Council J. Ziegler suggested a form letter be prepared that the Humane Society could use. Councillor B. Vrbanovic put forward a motion to amend Chapter 530 (Dogs) of the Municipal Code to include the requests outlined in Councillor Ziegler's electronic mail and the authority for the Humane Society to give an immediate Dangerous Dog designation. Several members of the Committee commended Councillor Ziegler for his efforts in bringing this issue forward. Councillor Lorentz requested a by-law for next Monday's Council meeting and Councillor Ziegler stated that if not available for next Monday that it be considered at the next special Council meeting. FINANCE & ADMINISTRATION COMMITTEE MINUTES APRIL 10, 2000 - 35- CITY OF KITCHENER CHANGES TO MUNICIPAL CODE CHAPTER 530 (DOGS) RE: CONT'D DANGEROUS DOGS On a motion by Councillor B. Vrbanovic - it was resolved: "That the Legal Department prepare a by-law to amend Municipal Code Chapter 530 (Dogs), as follows: (a) That any dog which has bitten or attacked either a child or an adult may be quarantined by the Poundkeeper when it is designated Dangerous, at the Poundkeeper's discretion, pending and until an appeal by the owner to the Dog Designation Appeal Committee is held; and, (b) The Poundkeeper, at his/her discretion, may immediately designate any dog as being Dangerous once aware that a dog has bitten or attacked either a child or an adult provided written notice is given to the owner at the time; and, (c) That the Poundkeeper can release a dog designated as Dangerous with conditions on the owner pending any appeal, such conditions may include all the conditions provided in the by-law including a microchip if the identify of the dog may become an issue, as well as a new condition which may prohibit the animal from being kept in multi-residential premises or in any premise which puts the animal in close proximity to children or other residents, excepting a single family home; and further, (d) That the Dog Designation Appeal Committee has the authority to impose the new condition, namely prohibit the animal from residing in a multi-residential premise, et cetera on a permanent basis." 9. GIS BUDGET REALLOCATION BE'rVVEEN 2000 AND 2001 The Committee was in receipt of a report from the Department of Finance, dated April 5, 2000, requesting the approval of an overexpenditure of $100,000 for the 2000 GIS Project capital budget allocation to be funded as a first charge on the 2001 capital budget allocation for this project. Mr. M. Hausser was in attendance to represent the request and reviewed the staff report. On a motion by Councillor G. Lorentz - it was resolved: "That an overexpenditure of $100,000 for the 2000 GIS Project allocation be approved, to be funded as a first charge on the 2001 allocation for this project. capital budget capital budget Councillor T. Galloway entered the meeting at this time." 10. STATUS UPDATE ON THE UTILITY BILLING SYSTEM Through use of a PowerPoint presentation, Ms. P. Houston provided the Committee with an update on the Utility Billing System. Ms. P. Houston reviewed the background leading to the choice of the Sierra System, reviewed the system improvements, and the problems including system issues, processing issues and customer service issues. Ms. Houston then answered questions concerning process issues and the backlog. Councillor Vrbanovic questioned the issue of volume of customer enquiries and Ms. Houston advised that the current telephone system has 16 lines allowing for 8 to be attended to and 8 on hold. She also advised that there will be a joint public campaign starting at the end of this week. Mr. P. Ferguson, representative from Sierra was in attendance and upon questioning advised FINANCE & ADMINISTRATION COMMITTEE MINUTES APRIL 10, 2000 - 36- CITY OF KITCHENER 10. STATUS UPDATE ON THE UTILITY BILLING SYSTEM - CONT'D that Sierra has committed to resolving the issues. He advised that following this meeting he would be meeting with staff of the City's Communications Division. Several members of the Committee commended Ms. Houston for her handling of the situation. Mayor Zehr questioned when communications would be out to the public and Mr. Sinnott advised that it would probably appear in the newspaper this Thursday and/or Saturday. 11. PROPOSED SUPERVISORY TRAINING PROGRAM The Committee was in receipt of a report from Mr. R. Pritchard, General Manager of Corporate Services and City Clerk, dated April 5, 2000, attached to which was the Final Report of the City of Kitchener Supervisory Training Program, dated December 1999, as submitted by Dr. Lynda J. Pinnington of Pinnington Training & Development. Dr. Pinnington was in attendance to present her report noting the purpose of the report and the identified need for improved supervisory training. Dr. Pinnington then reviewed the executive summary to the report including the recommendations dealing with: leadership values, course of study, time period, orientation, people management course, certification and skills transfer, re-enforcement/refresher, delivery options, training partnerships and other internal courses, consistent front-line staff training and tuition assistance, other external courses and human resources staff support. Councillor J. Haalboom questioned whether there is a requirement to ensure that participants must implement what they learn. Dr. Pinnington advised that the follow through is the manager's responsibility and will be part of the performance appraisal system. There will also be a refresher course. Councillor T. Galloway questioned whether this training program is only for existing supervisors and cautioned against including this in job descriptions as a requirement. Mr. D. Paterson responded that this will be mandatory for existing supervisors and that the pressure of time will prevent expanding the program beyond existing supervisors at this time. When questioned by Mayor Zehr, Mr. Paterson advised that the only exemption for existing supervisors will be for those who have proof that they have taken this training. Councillor B. Vrbanovic declared a pecuniary interest in recommendation 11(b) with regard to tuition assistance as his wife is employed by the City of Kitchener and benefits from the Tuition Assistance Program, and did not participate in any discussion or voting with respect to this recommendation. Mayor C. Zehr put forward the recommendation contained in the staff report. Councillor Haalboom again raised concerns about implementation of the training. Following discussion, Mr. J. Gazzola advised that a report could be provided to Council every six months. Recommendation 11(b) Tuition Assistance was voted on separately as Councillor B. Vrbanovic had declared a pecuniary interest with that recommendation. On a motion by Mayor C. Zehr - it was resolved: "That Council adopt the Final Report of the Supervisory Training Program dated December 1999, submitted by Dr. Lynda J. Pinnington; and, That Council adopt the Corporate Workplace and Leadership Values as approved by Management Committee on April 4, 2000; and further, That staff report to Council on the progress of the Supervisory Training Program every six months." FINANCE & ADMINISTRATION COMMITTEE MINUTES APRIL 10, 2000 -37- 12. ADJOURNMENT On motion, the meeting adjourned at 12:07 p.m. CITY OF KITCHENER D. H. Gilchrist Committee Administrator