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HomeMy WebLinkAboutFinance & Admin - 2000-09-11FAC 2000-09-11 FINANCE & ADMINISTRATION COMMITTEE MINUTES SEPTEMBER 117 2000 CITY OF KITCHENER The Finance and Administration Committee met this date, chaired by Councillor J. Ziegler, commencing at 10:05 a.m., with the following members present: Councillors T. Galloway, J. Haalboom, G. Lorentz, John Smola, K. Taylor-Harrison, B. Vrbanovic, and C. Weylie. Mayor C. Zehr and Councillor M. Yantzi entered the meeting shortly after its commencement. Others Present: Ms. L. MacDonald, Ms. J. Koppeser, Ms. P. Houston, and Messrs. J. Gazzola, G. Melanson, B. Stanley, G. Sosnoski, J. Shivas, F. Pizzuto, T. Fox, J. Witmer, R. Pritchard, and D. Patterson and Ms. D. Gilchrist. CRPS-00-059 - 715 OTTAWA STREET SOUTH AT ALPINE ROAD - COMMITTEE OF ADJUSTMENT SUBMISSION NO. SG 2000-008 The Committee was in receipt of staff report CRPS-00-059, dated August 31, 2000, with respect to an Application to the Committee of Adjustment being Submission No. SG 2000-008 concerning McDonald's Restaurant at 715 Ottawa Street South, Kitchener. Mr. V. Labreche, of McDonald's Restaurant was in attendance to represent the application. Councillor J. Ziegler advised that he had asked that this matter be referred to this Committee meeting and after having read the material including the written submission of the applicant, has had his concerns addressed. He advised that he had not realized that these were strictly directional signs. On motion by Councillor B. Vrbanovic- it was resolved: "That Council ratify and confirm the August 15, 2000 decision of the Committee of Adjustment recommending approval of Submission No. SG 2000-008 - McDonald's Restaurants (715 Ottawa Street South at Alpine Road)." LEG-00-042 - 63 OLD CARRIAGE DRIVE REQUEST FOR ENCROACHMENT AGREEMENT FOR FENCE The Committee was in receipt of staff report LEG-00-042, dated August 30, 2000, requesting direction with respect to a fence located at the rear of the property known municipally as 63 Old Carriage Drive. It was noted that the property owners had entered into an encroachment agreement with the City of Kitchener to permit them to use this City-owned property for garden purposes; however, since that time they have erected a fence around the City-owned property which contravenes the terms of the encroachment agreement and contravenes Council's policy respecting encroachments onto parkland, which does not permit fences. Mr. V. Anton appeared as a delegation representing his parents. He advised the Committee that his parents had entered into an encroachment agreement with the City for use of City-owned lands at the rear of their property, as a garden. As the City required, they had obtained insurance for use of this land. After entering into the encroachment agreement, they constructed a fence around the garden to keep out animals and children. A City Building Inspector attended at the property advising them that they were occupying City land and they explained about the encroachment agreement. He advised them that if there were any concerns he would contact them again and they heard no more from the Building Inspector. Mr. Anton advised that his parents had contacted the Legal Department about constructing a fence on the property and, probably due to language difficulties, they thought they could build this fence. They were subsequently notified that the fence must be removed. Today they are requesting permission to allow the existing fence to remain. Councillor G. Lorenz questioned staff as to their concern about the fence and Ms. L. MacDonald advised that it is the City's policy not to preclude the public from using the land. She noted that there are other residents of Old Carriage Drive who will request this same privilege if this fence is granted. When questioned, Ms. MacDonald advised that there are only a couple of other similar situations in the City. Councillor J. Ziegler suggested permitting this fence on a temporary basis, suggesting three years. Councillor Haalboom noted that the land at the rear of this property is a ravine. She suggested permitting the fence on a temporary basis for this season only. Several members of the Committee spoke in favour of Councillor Haalboom's suggestion, advising that they could not support a permanent fence in this location. They were concerned that it would become a precedent. LEG-00-042 - 63 OLD CARRIAGE DRIVE FINANCE & ADMINISTRATION COMMITTEE MINUTES SEPTEMBER 11, 2000 -73- CITY OF KITCHENER REQUEST FOR ENCROACHMENT AGREEMENT FOR FENCE (CONT'D) On motion by Councillor J. Haalboom - it was resolved: "That the property owner of 63 Old Carriage Drive remove the existing wood fence erected on City owned land at the rear of their property no later than October 31, 2000." CRPS-00-062 - REQUEST TO WAIVE BINGO LICENCE FEES - SEPTEMBER TO DECEMBER 2000 The Committee was in receipt of staff report CRPS-00-062, dated September 6, 2000, with respect to the request received from Mr. M. Rausch, Chair of Kitchener Charities Bingo Association, requesting a further waiving of Bingo Licence Fees for September through to December 2000. Councillors M. Yantzi and B. Vrbanovic each disclosed a pecuniary interest and abstained from all discussion and voting. As in the case of Councillor M. Yantzi, his employer Community Justice Initiatives receives funds from charities, and in the case of Councillor B. Vrbanovic, he is a member of a board of an organization that would be affected by this decision. Mr. M. Rausch appeared as a delegation to represent his request for a further reduction in Bingo Licence Fees from September 1 to December 31, 2000. He advised that he would not make a presentation but would answer questions from the Committee. Councillor J. Ziegler noted that the staff report shows that the charities are making money. Mr. Rausch pointed out that of the proceeds, the charities get 60% and the hall gets 40%. If the charities have to pay licence fees there would have been a greater loss. He advised that the Charities Bingo Association has given notice to the landlord that they will be closing on January 1, 2001, if the situation does not improve. He advised that they are not simply talking about a licence fee but their ability to continue at all. Councillor G. Lorenz questioned when the charities would make a decision about continuing with bingos and Mr. Rausch advised they have already set the date of January 1, 2001. He then questioned whether charities are looking at other methods of fundraising. Mr. Rausch noted that slot machines have made a large impact. He advised that there are new things on the horizon and there will be different forms of fundraising, and explained some of these. Mayor C. Zehr reminded Mr. Rausch that this Council has gone on record as not supporting slot machines and casinos. Councillor T. Galloway noted that Mr. Rausch's letter is from Charities Bingo Association and questioned whether Mr. Rausch is also representing Bingo Country and he advised that he was not representing them. Councillor J. Ziegler referred to the figure of $96,700. contained in Ms. Koppeser's report and questioned where this money goes. Ms. Koppeser advised that it pays for enforcement. A discussion took place concerning staff reductions should bingos cease to operate and following further discussion staff was requested to provide a report as to the outcome on staffing should Charities Bingo Association cease to conduct bingos and the effect on staffing should all bingos cease to operate. Councillor John Smola put forward a motion to approve Mr. Rausch's request. Mayor Zehr advised that he is in support of the motion, suggesting that the City needs to be pro- active over the next few months. He noted that a change has been made and as a community we have to find other forms of fundraising; as the City cannot continue to fund the charities through the tax base. It was suggested by the Committee that other forms of gambling may be having a negative impact on bingos. Councillor J. Ziegler suggested asking the province to pay the licencing costs incurred by municipalities due to the changes made by the province. Staff were asked to prepare CRPS-00-062 - REQUEST TO WAIVE BINGO LICENCE FEES - SEPTEMBER TO DECEMBER 2000 (CONT'D) FINANCE & ADMINISTRATION COMMITTEE MINUTES SEPTEMBER 11, 2000 - 74- CITY OF KITCHENER a report in this regard for consideration by this Committee. Councillor T. Galloway suggested that the City needs to be pro-active. He noted that the casinos are making more money than the province had expected and there is an effect on bingos as a result. He suggested that the province needs to provide some relief in fees or regulations. Councillor Galloway stated that changing funding sources is a long process and the province needs to take this situation seriously. Councillor G. Lorentz spoke in support of the motion stating that he thinks that the City ought to help the charities and their volunteers until a solution is found. The Committee then discussed the wording of the motion and whether there would be a reduction in fees or a grant to the charities. When questioned by the Committee, Mr. Rausch advised that he would prefer a grant to the charities. On motion by Councillor John Smola - it was resolved: "That Council approve grants to charities conducting Bingos from September 1 to December 31, 2000, equal to the Bingo Licence fees less $1.00 per licence; and further, That staff prepare a report, for consideration by Council at its meetinq of September 18, 2000, concerning Bingo Licence fees and enforcement/staffing costs." BPS-00-110 - 101 CHAPEL STREET REQUEST FOR BY-LAW PURSUANT TO MUNICIPAL CODE CHAPTER 650 (LOT MAINTENANCE) The Committee was in receipt of staff report BPS-00-110, dated August 21, 2000, recommending that Council pass a by-law at its September 18 meeting authorizing the removal of waste material from 101 Chapel Street. Mr. B. Stanley addressed the Committee requesting that the date of September 8, 2000, at the end of the recommendation be changed to September 15, 2000. On motion by Councillor K. Taylor-Harrison - it was resolved: "That Council consider a by-law at its meeting of September 18, 2000, authorizing the removal of waste material from 101 Chapel Street, at the owner's expense, if the work has not been done by the owner on or before September 15, 2000." BPS-00-118 -265 KING STREET EAST HUONG-CANG CAFe KARAOKE RESTAURANT LIQUOR LICENCE APPLICATION The Committee was in receipt of staff report BPS-00-118, dated September 7, 2000, with respect to a liquor licence application for Huong-Cang Caf~ Karaoke Restaurant. On motion by Councillor K. Taylor-Harrison - it was resolved: "That Council direct staff to notify the Alcohol and Gaming Commission that the City of Kitchener does not oppose the application for a liquor licence by Chu Thi Tran for the Huong-Cang Cafe Karaoke Restaurant, 265 King Street East, Kitchener, provided that the owner requests that the conditions agreed upon in writing on September 7, 2000, which are described in Section h) of staff report BPS-00-118 be attached as a schedule to the liquor licence." BPS-00-120 - 25 FREDERICK STREET KORNER DELI LIQUOR LICENCE APPLICATION FINANCE & ADMINISTRATION COMMITTEE MINUTES SEPTEMBER 11, 2000 - 75- CITY OF KITCHENER The Committee was in receipt of staff report BPS-00-120, dated September 7, 2000, with respect to a liquor licence application by the Korner Deli, 25 Frederick Street, Kitchener. On motion by Councillor K. Taylor-Harrison - it was resolved: "That Council take no action to oppose the application for a liquor licence by Korner Deli, 25 Frederick Street, Kitchener." LEG-00-045 PINNACLE DRIVE PUBLIC WALKWAY - SURPLUS TO CITY'S NEEDS The Committee was in receipt of staff report LEG-00-045, dated August 24, 2000, with respect to declaring a public walkway, adjacent to Pinnacle Drive, surplus to the City's needs. On motion by Councillor J. Haalboom - it was resolved: "That Block 56, Registered Plan 58M-82 being a public walkway, be declared surplus to the City's needs for the purpose of granting a surface easement to an adjacent property owner for the purpose of an emergency access across said City land to the benefit of a new residential development; and further, That the Mayor and Clerk be authorized to execute documents as required and approved by the City Solicitor." Notation Leqal Department Correspondence The Committee was in receipt of a memorandum from Mr. G. Sosnoski, City Clerk, dated September 5, 2000, with respect to a request from Councillor J. Ziegler to discuss the notation at the end of electronic mail received from members of Legal Department staff. Councillor Ziegler discussed his experience with staff in this regard and his opinion as to the appropriate use of this statement. He stated that he would like it understood that when a Councillor is asking for information on behalf of a constituent, the Councillor should be able to relay the information received. Mr. J. Shivas stated that in the case of factual information the privilege does not apply, noting the word "may" is included in this statement. A discussion took place concerning solicitor / client privilege and that the privilege belongs to the client. Mr. Shivas noted that in the case of the City of Kitchener, Council is the client and the privilege should be waived by Council. He noted that there are several issues involved and the best course of action may be to have the lawyer decide if the information is strictly factual. Possible options for changing the wording were discussed. Mr. G. Melanson noted that this is a large corporation with a lot of staff and in many instances electronic mail is attached to other correspondence. He stated that with the inclusion of this notation the lawyers are the filter instead of Council. He suggested that the purpose of the notation is to make people think about what they are doing. Councillor M. Yantzi stated that now that the purpose of the notation is understood he did not see a reason to change it. INFORMATION ITEMS Mayor C. Zehr questioned Councillor she INFORMATION ITEMS (CONT'D) Weylie with respect to closed captioning asking if FINANCE & ADMINISTRATION COMMITTEE MINUTES SEPTEMBER 11, 2000 - 76- CITY OF KITCHENER wanted it on a future Finance and Administration Committee agenda. Councillor Weylie requested a staff report with respect to sign language interpretation and closed captioning for televised Council meetings for an upcoming Finance and Administration Committee meeting. 10. ADJOURNMENT On motion, the meeting adjourned at 11:12 a.m. Dianne H. Gilchrist Committee Administrator