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HomeMy WebLinkAboutCouncil Minutes - 1998-05-04 SCOUNCIL\1998-05-04-SPE MAY 4, 1998 SPECIAL COUNCIL MINUTES CITY OF KITCHENER A special meeting of City Council was held at 5:10 p.m. this date, Chaired by Mayor C. Zehr with all members present, except Councillor Jake Smola. Notice of this special meeting had previously been given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. The purpose of this special meeting of City Council was to consider reports dated April 29, 1998 and May 4, 1998, prepared by Mr. J. Shivas, City Solicitor, regarding the proposed new Municipal Act. The reports presented by Mr. Shivas also contained documentation received from the Association of Municipalities of Ontario regarding this proposed legislation. Council was advised that comments regarding the proposed new Municipal Act are to be forwarded to the Minister of Municipal Affairs & Housing before May 8, 1998. It was noted, however, that City Council has passed a resolution requesting a one month extension to this deadline. Mr. J. Shivas advised Council that he is concerned with the proposed legislation because, in his opinion, it undermines the authority of municipalities. It had been suggested that the new legislation would provide new empowerment for municipalities, however, this is not the case. What has been submitted is an expansion of the existing Provincial Government's regime with strong regulatory powers. It was pointed out to Council that Provincial funding has been substantially eliminated and, in return, it was expected that municipalities would receive new powers which would allow them to look after their own affairs. The new legislation, as presented, does not provide these opportunities but rather establishes more rules and micro-management by the Provincial Government. It was noted that much has been made about municipalities receiving natural person powers, however, in the opinion of Mr. Shivas, this is really just a new name for what municipalities have at the present time. The members of Council were urged to support the position papers prepared by the Association of Municipalities of Ontario and also to request the Minister of Municipal Affairs & Housing to delay the introduction of the new legislation and have it re-drafted in a way to ensure the continuance of strong, self-reliant, innovative, vibrant and accountable municipalities. Councillor J. Ziegler indicated his support for the recommendations contained in the reports prepared by Mr. Shivas and suggested that these should be adopted and forwarded to the Association of Municipalities of Ontario and the Large Urban Mayors' Caucus of Ontario. Councillor T. Galloway requested an explanation of the term "natural person powers". In this regard, Mr. J. Shivas advised that the proposed legislation empowers a municipality to act like a natural person. They are to be allowed to enter into contracts, hire and dismiss employees and delegate responsibilities. Mr. Shivas noted that, while the proposed legislation has been touted in regard to natural person powers, specific limitations have been included. Mr. Shivas, again, suggested that the proposed legislation does nothing more than restate what we have at the present time. It is very prescriptive and heavily weighted in favour of the Province. Councillor T. Galloway referred to recommendation (a) on page 5 of Mr. Shivas's April 29, 1998 report and questioned whether or not this change would reinstate the current situation. In this regard, Mr. J. Shivas noted that the present Regional Municipality of Waterloo Act contains a procedure which must be followed if the Region wishes to obtain a specific work from a lower tier municipality. If there are disputes the matter can be referred to the Ontario Municipal Board for a final decision. Mr. Shivas noted that he has been advised that Section 42 of the proposed legislation is intended to deal with small specific works. If this is the case, it was the view of Mr. Shivas that there should be no problem in obtaining the consent of the lower tier municipality prior to anything being finalized. When questioned by Councillor T. Galloway, Mr. Shivas expressed the view that the new legislation does nothing to reduce municipal liability. It is possible that the "deep pocket" perception will continue and municipalities could be left responsible to pay entire judgements if any other defendants were unable to pay their share. This situation could exist even if a municipality were found to be only one percent responsible. Councillor T. Galloway referred to the provisions in the new legislation regarding limitations by SPECIAL COUNCIL ~VHNUTES MAY 4, 1998 - ~67- CITY OF KITCHENER municipalities on commercial activities. In this regard it was noted that, regardless of whether or not an adjoining municipality offers a particular service, the City of Kitchener cannot cross a municipal boundary to offer a service without the consent of that municipality and, probably, the Regional Municipality of Waterloo. It was noted, however, that Section 111 of the proposed legislation does offer certain overrides dealing with such matters as the City operating part of a golf course on lands which are located in an abutting municipality. Councillor T. Galloway expressed the hope that Regional approval would not be required for services which the City of Kitchener provides by way of contracts to adjoining municipalities. Mr. J. Shivas advised that, in the past, only the consent of the lower tier municipality was required, however, under the new legislation it is possible that contracts of this nature would have to be approved by the Region. Councillor T. Galloway noted that, in the past, there have been occasions when complaints have been received that services offered by the City interfere with private enterprise. In this regard, Councillor Galloway questioned whether the proposed legislation could result in the City being forced to change a particular operation just because a complaint was received. In this regard, Mr. J. Shivas noted that the legislation is somewhat vague in this area and clarification is required. It was noted that a recommendation has been included in the report expressing the need for well defined rules and reasonable limits for commercial activities. When questioned by Councillor T. Galloway, Mr. Shivas advised that, to the best of his knowledge, cemeteries would continue to be covered by the Cemeteries Act. Mayor C. Zehr noted that the Province has been encouraging municipalities to operate more like businesses but it would appear that the proposed legislation may restrict this type of operation and, accordingly, clarification is required. When questioned by Councillor J. Haalboom, Mr. J. Shivas advised that he has proposed an amendment to Section 3(3) of the proposed legislation to exclude natural person powers so that a municipality is not required to pass a by-law every time it exercises any of the powers that have been granted. In this regard, Mr. Shivas noted that he would prefer to have the existing legislation improved rather than see the proposed legislation adopted. Councillor J. Ziegler was of the view that the recommendation contained in Mr. Shivas's report regarding Section 3(3) should be amended to clearly state that a municipality should not have to pass a by-law every time it exercises any of its natural person powers. Councillor J. Haalboom referred to the proposed legislation and, in particular, to the Spheres of Jurisdiction regarding natural environment and culture, parks, recreation and heritage. In regard to culture, parks, recreation and heritage, Mr. J. Shivas advised that the jurisdiction is divided between the upper and lower tier municipalities, with the Region receiving some responsibilities that it does not have at the present time. In this regard, Mr. Shivas expressed the view that any transfer of power should only take place in accordance with the service migration provisions as contained in Part V of the proposed legislation. In regard to the natural environment Sphere of Jurisdiction, it was noted that tree conservation is a shared responsibility between the upper and lower tier municipalities. Nothing else has been mentioned regarding natural environment and, accordingly, it would appear that these are lower tier responsibilities. Councillor J. Haalboom was of the opinion that guidelines are necessary to deal with Iocational questions regarding the telecommunications industry. In this regard, Mr. J. Shivas noted that the control of communication towers on private property can only be undertaken through the Zoning By-law. Mayor C. Zehr expressed concern that the proposed legislation dealing with the telecommunications industry could be an area where cost recovery is eliminated and this should be reviewed. Councillor T. Galloway suggested that, in the future, there may be no wires used for communication purposes as these will likely be replaced with towers in many locations. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic MAY 4, 1998 SPECIAL COUNCIL M/NIXPES - 268- CITY OF KITCHENER "That the Council of the Corporation of the City of Kitchener endorses the Association of Municipalities of Ontario responses to the proposed new Municipal Act, being Series #2, dated April 16, 1998; Series #3 (Municipal Finance and Revenues/Fees and Charges) dated April 20, 1998; and, Series #4, dated April 24, 1998; and further, That Kitchener City Council requests the Minister of Municipal Affairs and Housing to delay introduction of the legislation proposed as detrimental to local authority, and to re-draft legislation to ensure strong, self-reliant, innovative, vibrant and accountable municipalities; and further, That Kitchener City Council requests the Minister to adopt the special recommendations for the twenty-one (21) subject matters as set out in the reports dated April 29, 1998 and May 4, 1998, from its City Solicitor, subject to the following amendments, namely: (1) That the recommendation for subject matter 1 - Natural Person Powers be amended to read: 'That Section 3(3) be amended to exclude natural person powers so that a municipality does not have to pass a by-law every time it exercises a natural person power'; and further, (2) That a new clause (d) be added to the recommendations for subject matter 10 - Limitations on Commercial Activity to read: '(d) That the proposed Legislation indicate the nature of commercial activities in which it would be inappropriate for a municipality to engage.'; and further, That the proposed Legislation be amended to delete the requirement for upper tier approval to a lower tier municipality providing services to another lower tier municipality within the upper tier; and further, That copies of this resolution be circulated to the Minister of Municipal Affairs and Housing, the Association of Municipalities of Ontario, the Large Urban Mayors' Caucus of Ontario, the Regional Municipality of Waterloo and all Area Municipalities within the Regional Municipality of Waterloo." Carried. On motion the meeting adjourned. MAYOR CLERK