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HomeMy WebLinkAboutFinance & Admin - 1999-12-06FAC\1999-12-06 FINANCE & ADMINISTRATION COMMITTEE MINUTES DECEMBER 67 1999 CITY OF KITCHENER The Finance and Administration Committee met this date, chaired by Councillor J. Ziegler, commencing at 10:08 a.m. with the following members present: Councillor G. Lorentz, Councillor Jake Smola, Councillor John Smola, Councillor K. Taylor-Harrison, Councillor B. Vrbanovic and Councillor C. Weylie. Mayor C. Zehr, Councillor J. Haalboom and Councillor M. Yantzi entered the meeting shortly after its commencement. Others present: Ms. L. Pasternak, Mrs. J. Koppeser, Ms. C. Ladd, Ms. P. Houston, Messrs. J. Gazzola, J. Shivas, B. Stanley, G. Sosnoski, N. Kuntz and Ms. D. Gilchrist. 1. DRAFT BY-LAW RE: FLYER/SAMPLE DISTRIBUTION The Committee was in receipt of a report from Ms. J. Koppeser, Manager of Licensing, dated December 1, 1999, along with a copy of a draft by-law with respect to licensing and regulating flyer and sample distributors. Mr. G. Sosnoski introduced the report and provided an outline of the meetings held with representatives from The Record and the Pennysaver. He advised that staff are prepared to amend the by-law with respect to the exclusion of Canada Post. He noted that a couple of objections remain as outlined in Ms. Koppeser's report. Councillor G. Lorentz declared a pecuniary interest in this matter as he is employed by Canada Post and did not participate in any discussion or voting with respect to this matter. Mr. S. McLeod, The Record, was in attendance and stated that the meeting with staff was successful and suggested that it ought to have taken place earlier in the process. He advised that he has no objection to the hours proposed in the by-law. Further, the only outstanding matter is the ability to review the enforcement policy. Mr. R. Nash, Pennysaver, was in attendance to comment on the draft by-law and stated that the meeting with staff was successful. He advised that he would like to review the enforcement policy. Mr. Nash then requested that the term "solicited" be defined, and that the Pennysaver be included as "solicited" as a lot of people do solicit this publication, even though it is free. Ms. L. Pasternak advised that the only time it would be a problem is when complaints are received from people who state that they did not ask for the publication to be delivered. On a motion by Councillor C. Weylie - it was resolved: "That Council consider a by-law at its December 13, 1999 meeting, to regulate flyer and sample distribution, in the form of the draft by-law attached to the report of J. Koppeser, Manager of Licensing, dated December 1, 1999." Recorded Pecuniary Interest and Abstention: Councillor G. Lorentz as he is employed by Canada Post 2. REQUEST FOR FUNDING - LACKNER WOODS RESIDENTS' ASSOCIATION Mayor C. Zehr and Councillor M. Yantzi entered the meeting during the delegation's presentation. Ms. A. Marsden and Mr. J. Martin were in attendance to request financial support from Council for consultant's costs involved in obtaining technical information related to noise and light from planes landing at the airport. They had previously provided a written submission, which was part of the Committee's agenda package. The Committee was also in receipt of a memorandum from Mr. B. Stanley, General Manager of Business and Planning Services, dated December 1, 1999, recommending that the Committee take no action on this request. Ms. Marsden addressed the Committee noting that she and Mr. Martin are Council's appointees to the airport committees, and have been appointed to represent the residents' interests. The work to be completed was beyond their technical abilities, and they felt they FINANCE & ADMINISTRATION COMMITTEE MINUTES DECEMBER 6, 1999 -179- CITY OF KITCHENER 2. REQUEST FOR FUNDING - LACKNER WOODS RESIDENTS' ASSOCIATION - CONT'D needed to obtain some technical expertise. Mr. Martin explained that they needed to assess the impact of flights landing at the airport on the residents in the Lackner Woods area. They needed technical and operational information on which to base decisions. Councillor M. Yantzi questioned whether there is a consultant attached to the Committee. It was noted that the Region does use a consultant; however, this is such a technical endeavour and much of the information brought forward was incorrect. The additional consultant has saved time by discovering the misinformation early in the process. Mayor C. Zehr thanked the delegations for their work on these committees. He stated that a peer review is not uncommon, and he understood the reluctance to have this done from a Regional standpoint. Mayor Zehr noted that he was not aware of the staff recommendation until yesterday, so did not have an opportunity to follow through with Regional staff. He questioned whether it would be possible to defer consideration of this request to Council to allow an opportunity to pursue the matter of a peer review with the Region. Mr. Martin noted that they had a tight schedule and the consultant has provided information but has not yet been paid. Councillor J. Ziegler suggested passing a motion to have the Region pay for a peer review. Mayor Zehr requested that such a resolution be forwarded to the Region prior to next week's Council meeting, noting that Regional Council meets next on December 8th. Councillor Weylie noted that the delegates are members of the neighbourhood association but questioned whether the consultant's report pertained to Woowich and Waterloo as well. Mr. Martin stated that they are primarily interested in Kitchener; however, they are not proposing to move the noise. The consensus is that what is proposed will be good for all. Councillor Weylie suggested that this group change its name. Councillor B. Vrbanovic stated that this group has worked very diligently. He noted that most of the representatives who have taken an active interest have been from the Lackner Woods community. He noted that the consultant's reports have been shared with the Noise Committee, Councillors and the Mayor. He advised that he would be supportive of approaching the Region within a one-week time frame but requested that the process established be continued. Councillor Haalboom advised that she had difficulty looking at this proposal any differently from the projects of other groups, a few of whom she named. She advised that she sympathized with the delegation, as she could see what is being done; however, she could not support the request or approaching the Region. Ms. Marsden noted that they have been appointed by the City to do this work and they are not a neighbourhood association which started on its own with its own agenda. Councillor Jake Smola thanked the delegation for their work noting its technical nature. He then questioned Mr. B. Stanley as to whether Dr. Gillen's work could be used in Grand River South; such as in the area of design concepts for buildings, etc. Mr. Stanley advised that he had not had the opportunity to address the applicability. Councillor Jake Smola advised that he wished to go in-camera to discuss a matter of solicitor- client privilege. On a motion by Councillor Jake Smola - it was resolved: "That an in-camera meeting be held immediately to consider a matter of solicitor-client privilege." The Committee recessed at 10:39 a.m. and reconvened at 10:50 a.m. following an in-camera meeting. Councillor J. Haalboom asked that the minutes show that she did not attend the in- FINANCE & ADMINISTRATION COMMITTEE MINUTES DECEMBER 6, 1999 -180- CITY OF KITCHENER 2. REQUEST FOR FUNDING - LACKNER WOODS RESIDENTS' ASSOCIATION - CONT'D camera meeting. Councillor K. Taylor-Harrison questioned whether Ms. Marsden and Mr. Martin are appearing today as appointed officials. Ms. Marsden advised that they are appearing as Council's appointees on the Waterloo Regional Airport Noise Management Committee and the Waterloo Regional Airport Business Plan Ad Hoc Committee. Mayor C. Zehr put forward a motion to defer this matter to Council and refer the request to pay for a peer review to Regional Council for their meeting of December 8th. Councillor B. Vrbanovic stated that it is important, when discussing the matter with Regional Council to advise that some of the consultant's information will be valuable to other municipalities in the Region, and of the extremely technical nature of the information. Councillor J. Haalboom requested a recorded vote. On a motion by Mayor C. Zehr - it was resolved: "That consideration of the November 26, 1999 request of Alexis Marsden and John Martin, representing Kitchener on the Waterloo Regional Airport Noise Management Committee and the Airport Business Plan Ad Hoc Committee, for funding in the amount of $4500.00 for consultant's fees relative to a study of the impact of airport noise and light on neighbouring residential areas, be deferred and referred to the Council meeting of December 13, 1999; and further, That their request for funding of the above noted peer review be referred to the December 8, 1999, meeting of Regional Council for consideration." In favour: Mayor C. Zehr, Councillor Jake Smola, Councillor M. Yantzi, Councillor K. Taylor-Harrison, Councillor G. Lorentz, Councillor B. Vrbanovic, Councillor C. Weylie, Councillor John Smola. Contra: Councillor J. Haalboom 3. CITY HALL PARKING GARAGE - REQUEST TO REMAIN OPEN ON CHRISTMAS EVE Mr. J. Boulden of St. John the Evangelist Church was in attendance to request that the City Hall Parking Garage remain open on Christmas Eve to accommodate people attending Christmas Eve services. He estimated that all attendees would be leaving the parking garage by 1:00 a.m. on Christmas morning. Councillor B. Vrbanovic questioned whether there was not sufficient parking available in the downtown without the parking garage remaining open, and Mr. Boulden responded that he could not guarantee how many people would use the parking garage. Councillor Vrbanovic stated that he appreciated the needs of the delegation but he also appreciated that staff would like to be home with their families. Councillor Vrbanovic also noted that prior to the City Hall Parking Garage being in existence people were able to find Christmas Eve parking elsewhere. Councillor Vrbanovic then suggested a motion of no action on the request. Councillor J. Haalboom felt that it was important for the delegation to be informed of the costs so that he could explain this to the parishioners. Councillor J. Ziegler suggested that staff have costs available for the Council meeting. Councillor M. Yantzi suggested a deferral of this matter to the Council meeting on December 13th for a report on the costs involved. FINANCE & ADMINISTRATION COMMITTEE MINUTES DECEMBER 6, 1999 -181- CITY OF KITCHENER 3. CITY HALL PARKING GARAGE - REQUEST TO REMAIN OPEN ON CHRISTMAS EVE - CONT'D On a motion by Councillor M. Yantzi - it was resolved: "That consideration of the request to have the City Hall Parking Garage open beyond 6:00 p.m. on Christmas Eve be deferred and referred to the Council meeting of December 13, 1999 pending a report on the number of staff and costs involved." Councillor B. Vrbanovic asked to be recorded as voting in opposition to this motion. APPEAL OF DISTANCE SEPARATION REQUIREMENT BETWEEN REFRESHMENT VEHICLES AND PLACES OF REFRESHMENT The Committee was in receipt of a report from Mrs. J. Koppeser, Manager of Licensing, dated December 3, 1999, with respect to an electronic mail from Councillor J. Ziegler, of December 3, 1999, advising that Mr. R. Harem would be appearing before the Committee to discuss the placement of his hot dog cart at the Toys R Us Plaza, Fairway Road and Wilson Avenue. Councillor J. Ziegler advised the Committee that a motion for reconsideration would be required if it is Council's wish to reconsider its motion of April 19, 1999 where a decision of no action was taken on this same appeal. Mr. Harem addressed the Committee advising that he is licensed under the Street Vendor's By-law with respect to his location at Strasburg and Shoemaker. He noted that he had operated his hot dog cart on December 1st at that location, and was asked to cease and desist. He advised the Committee that he is appearing today to ask for an extension to the November 30th time limit contained in the Street Vendor's By-law. He noted that if his hot dog cart was located on private property he would be able to work all year long. He suggested that the licences be extended so as to be valid twelve months of the year. Mr. Harem then noted that, previously this year, he had received permission from Council to construct an enclosure at his Strasburg and Shoemaker location. He noted that the enclosure has not been constructed and asked for an extension of this permission for another year. Mr. Harem then referred to his request to locate a hot dog cart at the Toys R Us Plaza on Fairway Road, noting that his request for a licence had been refused due to the 200 meter separation requirement. He advised that there are no independent restaurants on Fairway Road and he would like to have permission to locate his hot dog cart at the Toys R Us Plaza, as he wants an opportunity to be in business. With respect to the Street Vendor's By-law, Councillor C. Weylie questioned whether Mr. Harem would be prepared to accept an increase in the fee if the time limit was extended. Mr. Harem responded that the current refreshment vehicle licence is less that the street vendor's licence plus insurance; however, he would consider paying more money. When questioned by Councillor B. Vrbanovic, Mr. Harem advised that he would work the cart himself and on occasion there would be an employee. These employees work for him, on commission. Councillor G. Lorentz noted that Council had previously discussed limited operation under the Street Vendor's By-law because of snow removal. He noted that it may be possible, outside the core, to operate for twelve months, but vehicles in the downtown would have to operate at less than twelve months. Mr. Harem responded that he felt that everyone should be able to operate for twelve months. Councillor B. Vrbanovic questioned Ms. J. Koppeser, with respect to those people she had spoken to in relation to Mr. Harem's request to locate a hot dog cart at the Toys R Us Plaza. Ms. Koppeser responded that, for today's meeting, because of the limited notice, she had only been able to speak with the operator of the Subway, who previously objected to this FINANCE & ADMINISTRATION COMMITTEE MINUTES DECEMBER 6, 1999 -182- CITY OF KITCHENER 4. APPEAL OF DISTANCE SEPARATION REQUIREMENT BETWEEN REFRESHMENT VEHICLES AND PLACES OF REFRESHMENT - CONT'D request. Previously, all places of refreshment affected by Mr. Hamm's request had been notified. Councillor G. Lorentz questioned whether staff had thought about a year round operation under the Street Vendor's By-law. Ms. Koppeser noted that each year, the by-law is brought to Council for approval and Council has repeatedly approved a by-law to be effective from the end of February to the end of November. The question was raised with respect to the hot dog cart outside of Reggie's and Ms. Koppeser noted that they operate through an encroachment agreement and it would depend on the terms of that agreement. With respect to Mr. Hamm's request for the hot dog cart at the Toys R Us Plaza, Councillor J. Ziegler stated that he did not believe it would cause any problem. He noted that people regularly buy from hot dog carts and he would like to see the by-law changed. He felt that plazas such as the Toys R Us Plaza are not affected by a hot dog cart and he suggested that the separation distance requirement be changed to the width of a five-lane road or 100 meters. NOTICE OF MOTION Councillor G. Lorentz gave Notice of Motion that, at the Council meeting of December 13, 1999, he would put forward a motion to reconsider Council's resolution of April 19, 1999, of no action on the appeal of Mr. R. Hamm for a licence to operate a refreshment vehicle at the Toys R Us Plaza at Fairway Road and Wilson Avenue. He requested a staff report outlining the possibility of a lesser separation distance and what parameters could be changed. The Committee then considered Mr. Hamm's request to expand the Street Vendors By-law to 12 months, to determine the situation over the winter months. Councillor John Smola put forward a recommendation to extend the current licences for a full 12-month period from date of issue, with a review to take place in February. Mayor Zehr advised that he could support the motion for a one-year trial period. Councillor K. Taylor-Harrison requested that the review take place in April. Councillor J. Haalboom noted that in the past the vendors have ceased operation at the end of November in order that the sidewalks could be cleared of snow. She advised of another concern she had with respect to the appearance of the hot dog carts and where the food is kept. She questioned who enforces the guidelines with respect to food storage. Councillor B. Vrbanovic advised that he supported the motion for a temporary period but questioned until what point in time. Ms. J. Koppeser advised that she would have to discuss the matter with the Legal Department. Councillor Vrbanovic noted that there would be additional costs which should be added to the cost of the licence. Mr. G. Sosnoski questioned whether the licence is to be extended to the end of this year. Councillor Vrbanovic explained that it would be his intention to extend the existing licences for a 12-month period, for one year only, in order to review the situation over the winter. Upon questioning, Mrs. Koppeser explained where the existing street vendors are located. On motion by Councillor John Smola - it was resolved: "That the licences issued pursuant to By-law # 99-42 (Street Vendors) be extended to cover a 12 month period; and, That staff be directed not to enforce the Street Vendor By-law relative to the November 30, 1999 expiry date; and further, That a review of the experience of street vendors over the winter months take place in April 2000, to determine whether future street vendor licences will be issued for a 12 month period." FINANCE & ADMINISTRATION COMMITTEE MINUTES DECEMBER 6, 1999 -183- CITY OF KITCHENER 5. UPDATE REPORT ON SAFE CITY CO-ORDINATOR The Committee was in receipt of Business and Planning Services Staff Report BPS # 99/189, dated November 30, 1999, recommending that the position of Safe City Co-ordinator be made a new full time position within the Department of Business and Planning Services, and that the existing Environmental Design Technologist position be retained within the Department and be re- titled Environmental Planner. Mr. B. Stanley advised that the report goes beyond the update requested by the Community Services Committee and he reviewed the contents of the report. He noted that it has become very evident that those additional staff resources have meant that the Safe City Committee could function in the way it ought. He noted that there are two clear recommendations in the report. With respect to the Environmental Design Technologist position, Mr. Stanley noted that expertise related to a number of environmental matters is required and they have not been completed due to the lack of professional support. He noted that the position is also required, due to the loss of Mr. C. Ford who provided substantial support to the Environmental Committee. With respect to the budget, Mr. Stanley advised that there has been a significant departmental re- organization and, since the spring of 1999, there has been sustainable savings of $50,000.00. He advised that the increase in full time wages, as a result of making this Safe City Co-ordinator a full time position, is $18,000.00. Councillor M. Yantzi put forward the recommendation contained in the staff report. He stated that he felt that the positions were needed and were an important services. Mayor C. Zehr spoke in support of the recommendation advising that support to these Committees is critical. He then referred to the last page of the staff report questioning the sustainable savings. Mr. B. Stanley spoke of budget changes noting that taking all things into consideration a full time Safe City Co-ordinator could be provided for within the $50,000, resulting in no increase over the 1999 budget. On a motion by Councillor M. Yantzi - it was resolved: "That, based on the trial period of one year, the temporary Safe City Coordinator position be made a permanent full-time position with the Department of Business and Planning Services; and further, That the existing Environmental Design Technologist position be retained with the Department of Business and Planning Services, be re-titled Environmental Planner and provide staff support to the Environmental Committee." 6. OVERTIME POLICY FOR JOB GRADES 21 AND ABOVE The Committee was in receipt of a memorandum from Mr. B. Stanley, Chair, Management Overtime Policy Committee, dated December 2, 1999, recommending an overtime policy for Job Grades 21 and above, under certain circumstances as outlined in the recommendation. Mr. B. Stanley was in attendance and briefly reviewed the report. He noted that this is a limited policy related to special projects, undertakings or litigation. Councillor J. Ziegler suggested that everything would suddenly become a special project. Mr. Stanley explained the limitations noting that Management would be able to identify the projects ahead of time, also noting that pre-approval is required. Councillor G. Lorentz put forward the recommendation contained in the staff report with an amendment that the policy be reviewed after 12 months. Councillor J. Ziegler questioned litigation suggesting that it not apply to the Legal Department. Mr. J. Shivas responded that the policy would apply to the Legal Department as it would any department. He noted that litigation requiring intense work on a night and day basis for a protracted period of time should apply. To ask the Legal Department to take on a case in that FINANCE & ADMINISTRATION COMMITTEE MINUTES DECEMBER 6, 1999 -184- CITY OF KITCHENER OVERTIME POLICY FOR JOB GRADES 21 AND ABOVE - CONT'D manner would put Legal Department staff at a disadvantage. Councillor M. Yantzi advised that he was in support of the recommendation as there is an issue of fairness. Council asks for work when they do not always understand what is involved. He felt the policy was fair and contained sufficient safeguards. Mr. J. Gazzola advised that he did not expect this type of overtime to take place very often. He suggested that "Condition #3", requiring pre-approval could be amended to require notification of Council. Councillor B. Vrbanovic questioned previous projects which would have applied and was advised of the Y2K preparations and the tax and utility billing system. Ms. P. Houston noted that it often cost effective to pay overtime rather than consultants. Councillor Vrbanovic stated that he had assumed that part of the salary for these job grades had this type of contingency built in. Mayor C. Zehr questioned the effective date for this policy and whether it would be retroactive. Mr. J. Gazzola noted that the policy was precipitated by a couple of projects for which he would have liked the policy to apply, such as the Y2K contingency and the major systems changes in the Finance Department. Mayor C. Zehr stated that this type of work is contemplate when the salary is set and overtime is not paid in the private sector. He also questioned how this would fit in with the new job scales, and whether this is contemplated in the reduced number of pay grades. Mr. J. Gazzola noted that management has debated the question of retroactivity and will provide a report on the parameters. When questioned by the Committee, Mr. Gazzola advised that the policy would not apply to him but apply to everyone else. He noted that if Council felt it was being abused, it could be stopped very quickly. Mayor Zehr noted that there were matters to be discussed in-camera today, which may affect this policy. Councillor G. Lorentz stated that there are safeguards in place. The Chief Administrator will administer this policy and will keep Council informed. He suggested that working 12-14 hours per day for a month is beyond the call of duty. He suggested an affective date of January 1, 2000 with no retroactivity. Councillor B. Vrbanovic referred to the Mayor's comments about the private sector, noting that the private sector gives bonuses, which the City does not. He asked staff to provide costs with respect to the proposed retroactivity. On a motion by Councillor B. Vrbanovic - it was resolved' "That consideration of the proposed Overtime Policy for Job Grades 21 and above b~e deferred and referred to the Council meeting of December 13, 1999." EMERGENCY PLAN Y2K ANNEX The Committee was in receipt of an information report from Mr. N. Kuntz, Deputy Fire Chief, dated December 1, 1999, attached to which was a copy of the City of Kitchener Emergency Plan Y2K Annex. Mr. Kuntz was in attendance and advised that a number of issues with respect to the Y2K were identified and this report addresses how the issues would be dealt with throughout the change date. Mr. Kuntz then briefly reviewed the report and advised that on the changeover date the Fire Chief, Deputy Fire Chief and other staff will be at work. Mr. Kuntz then advised that a training session will be held on Monday December 20, 1999, for the Mayor, Chief Administrator and other key officials. Mayor C. Zehr referred to an incident which had taken place the previous Saturday morning advising that everyone was very pleased on how the incident was handled. For the benefit of the Committee members, Mayor Zehr advised that Schneiders had an ammonia leak and neighbours in the immediate area were FINANCE & ADMINISTRATION COMMITTEE MINUTES DECEMBER 6, 1999 -185- CITY OF KITCHENER EMERGENCY PLAN Y2K ANNEX - CONT'D evacuated. Mr. Kuntz responded that the situation was successfully handled due to the co- operation of several departments. When questioned by the Committee, Mr. P. Sinnott advised that a sub-committee of communications people across the Region was established and a communications plan has been prepared. Mr. Kuntz noted that the City of Cambridge is having members of Council in different locations throughout the City to answer citizens' questions. He felt that the necessary information could be provided through the media. Councillor G. Lorentz then questioned protocol for the Acting Mayors. Mr. Gazzola advised that staff are very serious about this matter and the City's Emergency Plan has a procedure for all members of Council to be notified. CITY HALL PARKING GARAGE REQUEST TO BE OPEN ON CHRISTMAS EVE The Committee revisited the earlier request of the Church of St. John the Evangelist to have the City Hall parking garage open beyond 6:00 p.m. on Christmas Eve. Mr. Gazzola advised that he had obtained costs from staff, being approximately $200.00, also noting that two security staff would have to be working until 2:00 a.m. on Christmas Day. It was suggested that there are sufficient parking spaces in the downtown to accommodate the needs of the churches. The Committee then agreed to reconsider its earlier motion and Councillor Yantzi withdrew the motion for deferral. On a motion by Councillor B. Vrbanovic - it was resolved: "That no action be taken on the request of the St. John the Evangelist Church for the City Hall parking garage to remain open past 6:00 p.m. on Christmas Eve." MUNICIPAL REFORM Councillor B. Vrbanovic advised that he had given notice during the weekend that he would introduce municipal reform as a matter for discussion at this meeting. He stated that there is a need to set the tone, and referred to Chair Seiling's letter to the Premier. Councillor Vrbanovic advised that he strongly believed that a local solution could be found. Councillor G. Lorentz then read aloud a proposed recommendation in this regard, copies of which had been provided to the Committee members. It was noted that both one municipality and two municipality models are proposed to be explored. In addition such matters as: service delivery, service boards and realistic time lines are to be included. Councillor Lorentz noted that Council has gone on record as supporting a two-tier system but the Province does not. He noted that senior staff will provide the needed information, which should include an opinion as to whether a consultant is needed, and transition costs. Councillor Lorentz then put forward the motion which he had previously read aloud. Councillor B. Vrbanovic advised that he was very much in support of the motion. He noted previous discussions and frustrations between municipalities and that efforts and compromises had been made. He then referred to the reports on the "A" list municipalities stating that it is obvious the Province is pushing for a one-tier system. Councillor Vrbanovic stated his opinion that the municipalities should take some ownership of the situation, and that a reasonable recommendation will allow for a local decision. He asked the members to support the motion. Mayor C. Zehr stated that he agreed it was time for action. He distributed copies of a proposed amendment to the motion. Mayor Zehr stated that there is a critical time line to complete the report vis-a-vis the 2000 election. Mayor Zehr stated that the Province is dramatically changing the face of local government and it is clear that this area is expected to FINANCE & ADMINISTRATION COMMITTEE MINUTES DECEMBER 6, 1999 -186- CITY OF KITCHENER change as well. We can make a choice to fight this change or make it successful. Mayor Zehr then suggested that his proposed amendment would be applicable to a one municipality or two 9. MUNICIPAL REFORM - CONT'D municipality system. He reviewed the ten points contained in his amendment. Mayor Zehr then requested another amendment to Councillor Lorentz's motion to include senior staff at the Region in preparing the report. He stated that he believed that they had information that other senior staff did not, and he felt that their input would give credibility to the report. Councillor Lorentz thanked the Mayor for stating his position. He noted that the resolution before the Committee had been crafted by members of three Councils. He stated that, to this point, he felt that there had been no leadership in this matter. He suggested that the Region could be included in the process early in January. With respect to the 2000 municipal election, Councillor Lorentz believed that the matter would not be resolved in time. He stated the need to adopt this recommendation today and attach to it the guiding principles proposed by the Mayor. He suggested a meeting of all the Councils early in January. He advised that he could not accept the Mayor's amendments to the motion. Mayor Zehr stated that he has been asking for something similar to this proposal for some time. He stated that he could be supportive of the motion if his amendment to include Regional staff is accepted. He advised that the Councils of Cambridge and Waterloo will be dealing with this recommendation at their meetings tonight, and if the debate has taken place with Waterloo and Cambridge prior to the public debate, it was unfortunate. Councillor C. Weylie noted a population figure of 430,000 used by the area hospitals and 307,000 reside in the urban areas. She advised that she would not be satisfied with two municipalities and would not support a separated Council. She stated that whatever is done will take a long time and time is short. Councillor Weylie advised that we will have to pay 100% of everything we do. Further, she was not convinced a two or a one municipality system is the answer. Councillor J. Haalboom advised that she could not support the motion. She felt that Regional staff should be included in the process. She commented that senior staff are to write the report and they are the ones with the most to lose. Councillor Haalboom then commented that when the three CAO's came up with their solution, the townships were really offended; now we are proposing to offend them again. She noted the appeal made by the Regional Chair to the Province and the proposed involvement by Elizabeth Witmer and suggested that the only way to obtain an objective position would be through a Provincial facilitator. Councillor Haalboom stated that if we want any policies to protect our citizens we have to be large enough to protect ourselves from Toronto and Hamilton. Councillor Yantzi advised that he is open to looking at this option; however, he is concern with the notice process. He then questioned whether the Township Councils are considering this recommendation, and Councillor Vrbanovic advised that it is only being considered by the three City Councils. Councillor Yantzi then stated he is concerned about openness. He stated that the Region of Waterloo was not on the "A" list; however, we are acting like we are. He agreed to preparing a report, which should be prepared through the involvement of all staff and Councils including the Region. He felt it should be an open process and should include the Townships. He advised that he is not prepared to support the process currently proposed. Councillor B. Vrbanovic asked for an amendment to the motion to change the words "one city" and "two city" to "one municipality" and "two municipality" respectively, which was accepted as a friendly amendment by Councillor G. Lorentz. Councillor Vrbanovic then referred to Councillor Haalboom's comments, stating that staff do have integrity and work in the best interests of the taxpayers. He stated that he has no concerns about staff investigating and reporting on this matter. He noted that the Townships FINANCE & ADMINISTRATION COMMITTEE MINUTES DECEMBER 6, 1999 -187- CITY OF KITCHENER have been included in the process to date and their choice is a mega-city if a two-tier system cannot be maintained. With respect to Minister E. Witmer, Councillor Vrbanovic stated that he did not recall anyone inviting her to participate in this process. In reality, he stated that Regional Council requested the Chair and Mayors to develop a process and prior to that being 9. MUNICIPAL REFORM - CONT'D done, the Regional Chair sent his letter to the Province. He stated that he believed that it is more important for the municipalities to take some action. With respect to the two-tier system, Councillor Vrbanovic acknowledged that all municipalities in the Region have supported this system; however, it has become obvious that the Province does not. Councils must now consider what would be the best solution for our citizens. Concerning the Mayor's requested changes to the motion, Councillor Vrbanovic stated that the wording is important, as it is the same wording which will be considered by all three Councils. He stated that he could support the changes as a secondary motion. In fairness to the other two Councils, he felt that the motion should be dealt with as submitted. Mayor Zehr then referred to a comment made by Councillor Yantzi with respect to process. The Mayor stated that he did not receive the resolution until later in the week and felt that proper notice had not been given. Further, he stated that if the motion is voted on, he will be opposed to it on a point of principle that Regional staff should be included. He stated that he has not doubt about the integrity of staff. Councillor J. Ziegler stated that the Region has been on the path of a one municipality, one- tier model. He noted that there is a big difference between Kitchener-Waterloo and Cambridge. There is a big difference between rural and urban; however, the Province has never been concerned about that. Further, he stated that no matter what happens staff will have to be considered for positions in the new municipal structure. He offered support for the Mayor's amendment stating that Regional staff have to be considered. He advised that he was in support of the Mayor's amendment as well as the original motion. Councillor C. Weylie suggested that Mayor Zehr discuss this matter with the Townships. Mayor Zehr put forward an amendment to the motion to include senior staff of the Region in the process. Councillor Yantzi questioned whether there was any opportunity for outside consultation, and Councillor Ziegler commented that this is just the first stage. Councillor Yantzi expressed the need to develop terms of reference and a process. Councillor Vrbanovic stated that if staff advised there are bigger issues, they can be dealt with at that time. Councillor John Smola advised that he would not support the Mayor's amendment but would support the main motion. He stated that politicians are here for the taxpayers. He expressed the opinion that this process would provide an opportunity to make a proper decision for the taxpayers. He was, however, critical of the "backdoor" approach. Councillor Lorentz accepted Councillor John Smola's comments as a criticism for taking leadership. He noted there were no secret meetings and stated that they did not find leadership in their own communities and felt they needed to take action. Councillor J. Ziegler stated that this is a monumental change resulting from the Province's decisions to move away from a two-tier system. He applauded the members of Council who brought the issue forward. He stated that the Townships should be favourable to this proposal, as they have the same issues with a one municipality or two municipality model. He felt the issues and complexity are the same for all the municipalities. He stated the position that input from Regional staff is required. Mayor C. Zehr's amendment to the motion to include Regional staff in the process was voted on and a recorded vote was requested. FINANCE & ADMINISTRATION COMMITTEE MINUTES DECEMBER 6, 1999 -188- CITY OF KITCHENER 9. MUNICIPAL REFORM - CONT'D In favour: Mayor C. Zehr, Councillor J. Ziegler, Councillor B. Vrbanovic, Councillor C. Weylie, Councillor M. Yantzi. Contra: Councillor John Smola, Councillor J. Haalboom, Councillor Jake Smola, Councillor K. Taylor-Harrison, Councillor G. Lorentz. Motion Lost On A Tie Vote A recorded vote on Councillor Lorentz's motion was requested. On a motion by Councillor G. Lorentz: "WHEREAS over the past several months the seven lower tier municipalities (Cambridge, Kitchener, Waterloo, Woolwich, Wilmot, Wellesley and North Dumfries) and the Region of Waterloo have endorsed a two-tier system; and, WHEREAS in recent days it has become apparent that the Province is moving away from a two-tier system in the four "A" list municipalities; and as a result of these actions, the two viable options that should be considered for local governance within the Regional Municipality of Waterloo are a single-tier, one municipality model or a single- tier, two municipality model; THEREFORE BE IT RESOLVED that Kitchener City Council requests its senior staff to approach and work with the senior staff of the other six lower tier municipalities to review and report on the merits of both a one municipality and two municipality model for the communities which presently make up the Regional Municipality of Waterloo; AND FURTHER, that senior staff report back to all local tier Councils by the first Council or Committee meetings in January, 2000." In favour: Councillor Jake Smola, Councillor G. Lorentz, Councillor B. Vrbanovic, Councillor John Smola, Councillor K. Taylor-Harrison. Contra: Mayor C. Zehr, Councillor M. Yantzi, Councillor J. Ziegler, Councillor C. Weylie, Councillor J. Haalboom. Motion Lost On A Tie Vote Mayor C. Zehr then questioned whether all members understood the amendment. Councillor G. Lorentz felt there was a misunderstanding and a brief discussion then took place as to whether the vote could be taken again, as there seemed to be a misunderstanding of the amendment on the part of some of the members. The amendment put forward by Mayor C. Zehr to require senior staff to approach and work with senior staff of the Region of Waterloo as well as senior staff of the other six lower tier municipalities, with respect to reviewing and reporting on the merits of both a one municipality and two municipality model, was then voted on and a recorded vote was requested. FINANCE & ADMINISTRATION COMMITTEE MINUTES DECEMBER 6, 1999 -189- CITY OF KITCHENER MUNICIPAL REFORM - CONT'D In favour: Contra: Mayor C. Zehr, Councillor Jake Smola, Councillor M. Yantzi, Councillor K. Taylor-Harrison, Councillor J. Ziegler, Councillor B. Vrbanovic, Councillor C. Weylie and Councillor John Smola. Councillor J. Haalboom Motion Carried The main motion, as amended, was then voted on and a recorded vote was requested. On motion by Councillor G. Lorentz - it was resolved: "WHEREAS over the past several months the seven lower tier municipalities (Cambridge, Kitchener, Waterloo, Woolwich, Wilmot, Wellesley and North Dumfries) and the Region of Waterloo have endorsed a two-tier system; and, WHEREAS in recent days it has become apparent that the Province is moving away from a two-tier system in the four "A" list municipalities; and as a result of these actions, the two viable options that should be considered for local governance within the Regional Municipality of Waterloo are a single-tier, one municipality model or a single- tier, two municipality model; THEREFORE BE IT RESOLVED that Kitchener City Council requests its senior staff to approach and work with the senior staff of the other six lower tier municipalities and senior staff from the Region of Waterloo to review and report on the merits of both a one municipality and two municipality model for the communities which presently make up the Regional Municipality of Waterloo; AND FURTHER, that senior staff report back to all local tier Councils by the first Council or Committee meetings in January, 2000." In favour: Mayor C. Zehr, Councillor Jake Smola, Councillor K. Taylor-Harrison, Councillor K. Taylor-Harrison, Councillor J. Ziegler, Councillor B. Vrbanovic, Councillor C. Weylie, Councillor John Smola. Contra: Councillor M. Yantzi, Councillor J. Haalboom Councillor John Smola noted the amount of time and effort that has been put in with respect to the transitional team on Transit and noted the amount of staff involvement that would be required in the transition to a new municipal system. FINANCE & ADMINISTRATION COMMITTEE MINUTES DECEMBER 6, 1999 -190- CITY OF KITCHENER 9. MUNICIPAL REFORM - CONT'D On a motion by Mayor C. Zehr - it was resolved: "That the City of Kitchener requests the following standard set of principles be adopted when considering any amalgamated municipality, whether it be a one or two municipality model: (a) preserve the distinctive characteristics and historic names of existing individual communities; (b) recognize and preserve the distinctive nature of neighbourhood associations/groups for social and recreational purposes; (c) recognize the cultural diversity of our communities; (d) recognize the importance and necessity of retaining an identifiable rural component in planning, environmental and governance matters; (e) recognize and preserve the distinctive value of financial prudence for which our combined municipalities are known; (f) insist that the savings resulting from further local government reform be retained at the local level for the reduction of property taxes or for additional required services, rather than repatriated by the Province in the form of reduced transfer payments or further downloading of services; (g) maintain the high quality level of service delivery to all communities; (h) ensure the continuance of full and open access to Council by residents and taxpayers on all matters of community interest; (i) preserve and enhance the supportive role that our municipalities have given to economic growth resulting in one of the lowest rates of unemployment in Canada; (J) continue to promote the high level of public volunteer involvement with the delivery of services and quality of life activities." Carried Unanimously 10. SALE AND DISPLAY OF FIREWORKS FOR NEW YEAR'S EVE The Committee was in receipt of a report from Ms. J. Koppeser, Manager of Licensing, dated December 2, 1999, in response to a request received to sell and display fireworks for New Year's Eve. On a motion by Councillor M. Yantzi - it was resolved: "That Council approve an exemption to Municipal Code Chapter 739 (Fireworks and Firecrackers) to permit the sale of fireworks on the six business days prior to January 1, 2000, and the display of fireworks on New Year's Eve 1999/2000." FINANCE & ADMINISTRATION COMMITTEE MINUTES DECEMBER 6, 1999 -191- CITY OF KITCHENER 11. ADJOURNMENT On motion the meeting adjourned at 1:30 p.m. D. H. GILCHRIST COMMITTEE ADMINISTRATOR