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HomeMy WebLinkAboutCouncil Minutes - 1998-05-11 SCOUNCIL\1998-05-11-SPE MAY 11, 1998 SPECIAL COUNCIL MINUTES CITY OF KITCHENER A special meeting of City Council was held at 11:40 a.m. this date and Chaired by Mayor C. Zehr with all members present. 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. Council was in receipt of written documentation concerning governance reform involving the Grand River Hospital. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the City of Kitchener approve a change in the nomination and appointment process for members of the Grand River Hospital Board that would see the Board comprised of: nine community members at large nominated by a Board Nominating Committee three municipal Council appointments made by Kitchener, Waterloo, and the Region of Waterloo (one each) three members of the medical staff the Chief Executive Officer as a non-voting Secretary to the Board; and further, That the City Solicitor work with the Solicitors of the Region of Waterloo, City of Waterloo, and the Hospital Board to develop a process for these changes to occur as quickly as possible." Carried. Councillor John Smola disclosed a pecuniary interest and abstained from all voting and discussion concerning the Standard Life Pension Plan as his brother is a recipient of a pension under the Plan. Councillor Jake Smola disclosed a pecuniary interest and abstained from all voting and discussion concerning the Standard Life Pension Plan as his father is a recipient of a pension under the Plan. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Taylor-Harrison "That Notice of Motion be waived with respect to reconsideration of the Council decision of March 30, 1998 to amend the City of Kitchener (Standard Life) Pension Plan and withdraw the surplus." Carried by the required two-thirds of the whole Council. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Taylor-Harrison "That Council reconsider its March 30, 1998 decision to amend the City of Kitchener (Standard Life) Pension Plan and withdraw the surplus." Carried by the required two-thirds of the members present. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Taylor-Harrison "That staff be directed to prepare an application to the Pension Commission of Ontario (or its successor Financial Institution Services Commission) and all related documentation and notices to: (a) wind up The Corporation of the City of Kitchener Pension Plan (Standard Life) including the purchase of an annuity with existing funds in the Plan to insure all remaining liabilities in the Plan; and (b) obtain consent to withdraw the surplus in the Plan to provide for 3% indexing retroactive to January 1, 1998 to all pensions accrued prior to January 1, 1978, with the City to receive the remainder of such surplus." Carried. SPECIAL COUNCIL MINUTES MAY 11, 1998 - 294 - CITY OF KITCHENER Councillor John Smola previously disclosed a pecuniary interest and abstained from all voting and discussion concerning the Standard Life Pension Plan as his brother is a recipient of a pension under the Plan. Councillor Jake Smola previously disclosed a pecuniary interest and abstained from all voting and discussion concerning the Standard Life Pension Plan as his father is a recipient of a pension under the Plan. Council then considered a recommendation arising from the Finance and Administration Committee meeting of this date concerning a request for an exemption from the Refreshment Vehicle By-law as it pertains to distance separation. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That notwithstanding the distance requirement of Chapter 586 (Refreshment Vehicles) of the City of Kitchener Municipal Code, and subject to there being no objections from the owners/operators of permanent places of refreshment within 200 metres of the proposed locations, Mr. Richard Hamm and Mr. Steven Webb be granted 1998 licences to operate stationary refreshment vehicles at the Toys R Us Plaza (Fairway Road/Wilson Avenue) and 1426 Weber Street East (Kinzie Avenue and Weber Street) respectively; and further, That staff investigate the feasibility of amending Chapter 586 so as to allow the above exemption at any time provided there are no objections from owners/operators within the separation distances stipulated in the Chapter." Carried. Council was in receipt this date of a revised report and recommendation from Mr. E. Kovacs, dated May 11, 1998, concerning Assignment and Assumption Agreements relative to the standard Tri-Party Gas Purchase Agreements. Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That the Mayor and Clerk be authorized to execute, on behalf of the City, standard Tri-Party Gas Purchase Agreements and standard Assignments and Assumption Agreements thereof, both as attached to the report of E. Kovacs, General Manager of Public Works, dated May 11, 1998." Carried. Moved by Councillor M. Yantzi Seconded by Councillor K. Taylor-Harrison "That an in-camera meeting of City Council be held immediately following this special meeting to consider a personal matter and three matters subject to solicitor-client privilege." Carried. The Special Council meeting then recessed at 11:45 a.m. and reconvened at 3 p.m. with all members of Council present. Council considered a recommendation arising from the Community Services Committee meeting of this date in regard to a concession operation at the Victoria Park Boathouse. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the Mayor and Clerk be authorized to execute an agreement with Michael Teppo for a term of five years, and a five year renewal option, to operate the Boathouse Tea Room at the Victoria Park Boathouse, with the terms of such agreement being satisfactory to the City Solicitor; and further, That every effort be made to allow Mr. Teppo to operate in the Victoria Park Boathouse for the MAY 11, 1998 SPECIAL COUNCIL MINUTES - 295 - CITY OF KITCHENER Victoria Day weekend, including a temporary agreement if necessary." Carried. Council was asked to consider a recommendation arising out of in-camera discussion this date concerning the property known municipally as 152 Shanley Street. Mayor C. Zehr also advised that Council has been asked to consider participating in a consolidated health care services submission being prepared by the local Chambers of Commerce and St. Mary's General Hospital. Moved by Councillor Jake Smola Seconded by Councillor C. Weylie "That pursuant to Section 25.4.4(e) of Chapter 25 (Council Procedure) of the Municipal Code, two additional items be added to the special Council agenda for consideration this date relative to a request to write-off outstanding taxes attributable to 152 Shanley Street, and a submission concerning local health care services." Carried by all members of Council. Council then considered a recommendation arising out of the in-camera meeting of this date. Moved by Councillor John Smola Seconded by Councillor K. Taylor-Harrison "That upon confirmation from the Ministry of the Environment (MOE) that all contamination, both on-site at 152 Shanley Street and off-site, has been cleaned up to their satisfaction, the City of Kitchener, will write-off all outstanding realty taxes attributable to 152 Shanley Street up to the date of the clearance documentation from the MOE, provided that where the registered owner is a corporation, the corporation is a valid corporation in good standing with the Ministry of Consumer and Commercial Relations." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler "That Kitchener City Council hereby confirms that it wishes to be included in the submission of the Chambers of Commerce of Kitchener and Waterloo, and St. Mary's General Hospital concerning the designation of Kitchener and Waterloo as under-serviced municipalities in regard to health care services." Carried. Moved by Councillor G. Lorentz Seconded by Councillor M. Yantzi "That leave be given the Mover and Seconder to introduce a by-law to confirm all actions and proceedings of the Council and that the same be taken as read a first, second and third times, be finally passed and numbered 98-54 by the Clerk." Carried. On motion the meeting adjourned at 3:05 p.m. MAYOR CLERK