Loading...
HomeMy WebLinkAboutPublic Works - 1999-06-28PWTC\1999-06-28 PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES JUNE 28, 1999 CITY OF KITCHENER The Public Works and Transportation Committee met this date, chaired by Councillor John Smola, commencing at 8:35 a.m., with the following members present: Mayor C. Zehr and Councillors J. Haalboom, C. Weylie, G. Lorentz, J. Ziegler and B. Vrbanovic. Councillor K. Taylor-Harrison was in attendance for part of the meeting. Others Present: Councillor T. Galloway, Councillor M. Yantzi, Ms. J. Billett, and Messrs., E. Kovacs, D. Quinn, S. Gyorffy, J. Shivas, B. Stanley, K. Currier, T. Clancy and P. Sinnott. 1. STORM WATER MANAGEMENT POLICY EXEMPTIONS Councillor John Smola advised the Committee that a request has been received to defer this item to the Planning and Economic Development Committee meeting to be held later on this date. On motion by Councillor J. Ziegler - it was resolved: "That the report entitled 'Storm Water Management Policy Exemptions', dated June 22, 1999, prepared by Mr. S. Gyorffy, Assistant General Manager of Public Works, be referred to the June 28, 1999, Planning and Economic Development Committee meeting for consideration." 2. CARRIAGE SERVICE CONTRACT WITH UNION GAS LIMITED The Committee considered a report dated June 23, 1999, from Mr. D. Quinn, Director of Utilities, which requests a Carriage Service Contract be executed between the City of Kitchener and Union Gas Limited respecting unbundling of the City's delivery commitment for gas from Union Gas Limited. Mr. D. Quinn advised that, subsequent to the City signing a draft Carriage Service Contract in March 1999, the Ontario Energy Board has now issued a further interim Order, dated May 18, 1999, which amends the terms of the draft contract. He stated that Union Gas has implemented the changes required by the Board Order with one additional change to the contract. Mr. Quinn advised that staff were not in agreement with the additional change; however, staff are recommending proceeding with the revised contract and staff will then appeal to the Ontario Energy Board for a ruling on Union Gas's additional change. He stated that the City would benefit by proceeding now so as to take advantage of lower service rates. Councillor J. Ziegler questioned what the additional change consisted of and Mr. Quinn stated that the clause requires the City to keep a minimum 25 percent storage of gas full. He pointed out that this clause had been removed by Union Gas prior to the March interim Board Order and, accordingly, was not considered by City staff to be a part of the negotiations. He stated that, as the clause was not a part of negotiations and was not included in the May 18th interim Board Order, staff feel that Union Gas should not have added it back into the contract. Councillor J. Ziegler inquired what right Union Gas has to impose such as a clause as unbundling will result in the City administering it own operations. Mr. Quinn responded that once unbundling has occurred the City should have the ability to operate separately from Union Gas. In addition, Mr. Kovacs advised that he had undertaken discussions with representatives of Union Gas with respect to this clause and has emphasized to them that they must change their philosophy from that of caretaker and allow the City to be treated as an independent utility. He stated that the representative's of Union Gas have taken this under advisement and will be reviewing it further with their staff. Councillor K. Taylor-Harrison entered the meeting at this time. Mayor C. Zehr questioned the legality of Union Gas adding a clause after the fact and Mr. Kovacs responded that staff feel Union Gas is going beyond its authority. He pointed out, however, that staff feel the interim Board Order will provide protection in proceeding with the revised contract now, and staff will seek a resolution to this issue through an appeal to the Ontario Energy Board prior to a final Order being issued. Mr. D. Quinn further pointed out that CARRIAGE SERVICE CONTRACT WITH UNION GAS LIMITED (CONT'D) PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES J U N E 28, 1999 - 53 - CITY OF KITCHENER the new interim Board Order does not address this issue nor was it included in the previous draft contract and, accordingly, staff are confident of their position with respect to an appeal. Mr. D. Quinn requested that the recommendation, as outlined in his report, be amended to include the date of the Carriage Service Contract, being May 1, 1999. By general consent, it was agreed to amend the recommendation accordingly. On motion by Councillor G. Lorentz - it was resolved: "That the Mayor and Clerk be authorized to execute a Carriage Service Contract with Union Gas Limited, dated May 1, 1999, to give effect to the interim Ontario Energy Board Order, dated May 18, 1999." Councillor J. Smola advised members of the Committee that this recommendation would be considered at the special Council meeting to be held later this date. 3. DELEGATION OF AUTHORITY TO STAFF FOR GAS MANAGEMENT TRANSACTIONS The Committee considered a report dated June 23, 1999, from Mr. D. Quinn, Director of Utilities, requesting that the signing authority for Authorization Notices respecting management of natural gas requirements between the City and its customers and between the City and Union Gas Limited, be delegated to certain members of staff. Mr. D. Quinn advised that Authorization Notices are standard forms required to allow customers to bring in or ship additional gas delivery to meet contractual requirements that are outside the parameters of the original contracts between the City and Union Gas and the City and its customers. He stated that the forms are necessary for accounting purposes and will also assist in monitoring and tracking of gas delivery requirements. In addition, he noted that staff are requesting delegated signing authority to expedite this process. Mr. E. Kovacs advised that Mr. J. Gazzola, Chief Administrative Officer, has voiced concern that the level of staff recommended for delegated signing authority extends too far below Council and has suggested that signing authority be delegated to the Chief Administrative Officer. Mr. Kovacs stated that he was in agreement with this suggestion; however, asked that the Chief Administrative Officer be added in addition to the staff already named in the recommendation as, administratively, it would be more efficient to have a number of staff available to process these forms on a day to day basis. On motion by Councillor J. Ziegler- it was resolved: "That Council adopt the Authorization Notice, dated June 23, 1999, for issuance as a standard form representing agreement between the City of Kitchener and it's customers to facilitate the customer's management of their natural gas requirements; and, That Council adopt the Authorization Notice, dated June 23, 1999, for issuance as a standard form representing agreement between the City of Kitchener and Union Gas Limited to allow the City to manage its gas management requirements with Union Gas Limited; and further, That the authority to execute Authorization Notices on behalf of the City of Kitchener be delegated to the Chief Administrative Officer or the Director of Utilities, and in his/her absence, the Manager of Business Development, Utilities Division, and in his/her absence, the General Manager of Public Works." 4. DEMAND AND INTERRUPTIBLE DELIVERY SERVICE CONTRACTS PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES J U N E 28, 1999 - 54 - CITY OF KITCHENER The Committee considered a report dated June 23, 1999, from Mr. D. Quinn, Director of Utilities, requesting adoption of standard form contracts that will facilitate the delivery of gas to the City's customers. Mr. D. Quinn advised that the existing contracts for delivery of gas required updating to provide clarification of the City's obligations and the customer's contractual rights. Councillor J. Haalboom inquired if it was necessary that members of the Committee receive and review the actual contract documents, in view that the Legal Department staff have better knowledge of these matters. Mr. D. Quinn advised that, in this instance, staff were unable to review the contract changes with staff of the Legal Department and, accordingly, felt they should be distributed to the Committee. He stated that, if it was preferred not to circulate members of the Committee with contract documents, staff would discontinue this practice. In response to questioning, Mr. J. Shivas, City Solicitor, stated that it was important that the Committee receive and review contract documentation, and in particular those that are standard forms. He pointed out that signing authority for standard form contracts is often delegated to staff and, accordingly, it is important that Council first approve the standard form as it is not seen again once signing authority is delegated. On motion by Councillor K. Taylor-Harrison - it was resolved: "That Council adopt the Demand Delivery Service Contract and Interruptible Delivery Service Contract, both dated June 28, 1999, for issuance as standard forms representing agreement between the City of Kitchener and its customers to facilitate the delivery of gas to its customer's business, subject to review by the City Solicitor." 5. CITY OF KITCHENER CLEAN AIR PLAN - KITCHENER TRANSIT ROLE The Committee considered a report dated June 23, 1999, from Mr. E. Kovacs, General Manager of the Department of Public Works, outlining a proposal to provide free public Transit service on Smog Alert Days, together with a request for additional funds to put towards public education, promotion and advertising. Mr. E. Kovacs advised that, in an attempt to complement environmental initiatives of the City's Clean Air Plan, staff are proposing that on designated Smog Alert Days free Transit be provided. He pointed out that staff recognize that this proposal is very aggressive and will have potentially significant financial impact. He advised that staff have estimated a financial loss of up to $200,000.00 on the basis of 6 to 10 Smog Alert Days, which is in keeping with the number of days experienced in 1998. In addition, he advised that this proposal will require advertising to get the message out to the public and, accordingly, staff are requesting promotional funds of approximately $10,000.00. Mr. Kovacs stated that the objective of the proposal is to support environmental initiatives; however, staff have concerns with respect to the financial impact and the overall effectiveness of the proposal. He pointed out that, if implemented, this proposal may offer a means of measuring the public's willingness to use public Transit service in place of their automobile. Councillor J. Ziegler stated that, while staff are to be commended for their efforts in developing this proposal, he felt it would be ineffective. He stated that traditional Transit users will most likely be the only benefactors as those who currently use automobiles to get to work will not be familiar with Transit routes, timing of routes and bus fares and, accordingly, will not inconvenience themselves for one day when an alert is issued. Consequently, he suggested that the City would be only subsidizing existing ridership as this proposal is not likely to attract sufficient new ridership. Councillor J. Ziegler suggested that it may be more appropriate to have certain locations designated where potential new riders could go to obtain Transit routing information and obtain a Smog Day Transit Pass to use on designated alert days. 5. CITY OF KITCHENER CLEAN AIR PLAN - KITCHENER TRANSIT ROLE (CONT'D) PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES J U N E 28, 1999 - 55 - CITY OF KITCHENER Councillor B. Vrbanovic also commended staff; however, he stated that he was generally in agreement that this proposal would be ineffective. He pointed out that this proposal was similar to what is taking place in Metro Toronto; however, goes much further in proposing free Transit. Councillor Vrbanovic further stated that the suggestion to have designated locations for automobile users where they can obtain a pass will not likely be any more effective. He suggested that staff should develop a promotional plan that would include partnerships with Corporations and in local businesses to encourage Transit ridership by their employees. He stated that such partnerships could also include the Ministry of Transportation in regard to some form of roadside advertising; and, significant media participation. Councillor B. Vrbanovic referred to the suggestion that the proposal could be used to measure willingness to use the Transit system rather than automobiles and inquired how this would be accomplished. Mr. E. Kovacs responded that administrative details have not yet been determined but that staff would likely have to rely on Transit Operators to provide these statistics. He further pointed out that this proposal was developed under timing constraints as the season for Smog Alert Days is already in progress, and suggested that if the Committee felt the proposal was premature, staff could be directed to further review and develop a plan for next year. Councillor B. Vrbanovic stated that it would not be appropriate to implement this proposal without fully exploring all options. Councillor G. Lorentz agreed that development of a better promotional plan was needed. In addition, he stated that staff should be pursuing enforcement of the Clean Air Plan objectives rather than developing alternatives. He noted that, as part of the Plan, the City is asking Lawn Spraying Companies not to spray on alert days; however, these companies continue to do so. He suggested that enforcing no lawn spraying through some form of penalty/fine would do more environmentally than providing free Transit. He stated that, even if the bus is taken to work, the public will most likely use their automobiles after business hours. He further suggested that staff should investigate ways of enforcement, such as legislation, that will assist in achieving the environmental objectives of the Plan. Mayor C. Zehr also voiced concern that the proposal would be ineffective and stated that the number of alert days could increase this year, resulting in an even greater loss of revenue than currently projected. He further pointed out that there has been no discussion with the City of Waterloo, who currently contracts with Kitchener for bus services and, accordingly, their reaction to this proposal is unknown. Mayor Zehr also referred to the City of Toronto and suggested that it may prove beneficial to obtain information with respect to their program in relation to the TTC. In addition, he stated that other issues, such as stopping certain types of work on alert days, must be considered. He stated that the proposal for free Transit service was incomplete and it would be preferable to have a comprehensive educational and promotional plan developed for implementation next year rather than proceed at this time. Councillor T. Galloway entered the meeting at this time. Councillor C. Weylie advised that she was made aware through a radio advertisement that idling a car for more than 3 minutes is environmentally harmful and questioned how idling of City vehicles is dealt with. Mr. E. Kovacs responded that the City does have an Idling Policy and front-line supervisors are responsible to enforce it. In addition, he advised that contracts for such work as asphalt paving now include a clause that allow staff to curtail work with reasonable notice. Councillor C. Weylie inquired if the public is notified of the effects of idling and if it is possible to enforce no idling outside of City staff. Mr. Kovacs stated that informing the public should be undertaken and suggested that staff could work with the Communications Officer to publicize this issue. Councillor J. Haalboom stated that more must be done to lower subsidization of the automobile and suggested that raising parking fees and limiting the construction of new parking facilities be considered. She also suggested that development of an educational/promotional plan should go beyond the limits of the City and include a plan for commuters. CITY OF KITCHENER CLEAN AIR PLAN - KITCHENER TRANSIT ROLE (CONT'D) Councillor M. Yantzi entered the meeting at this time. JUNE 28, 1999 PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES - 56 - CITY OF KITCHENER Councillor K. Taylor-Harrison advised that she was in an agreement that the proposal, as presented, was premature and stated that it would be more effective to develop a comprehensive, educational and promotional plan for implementation at a later date. Councillor B. Vrbanovic stated that he was prepared to recommend referral of this matter back to staff to allow development of a more comprehensive plan that would include pursuing partnerships in the private sector, as well as other agencies such as the Regional Health Unit. In this regard, Mr. E. Kovacs suggested that the matter be referred to the Environmental Study Group to develop a plan for presentation to the Environmental Committee and, subsequently, for Council approval. On motion by Councillor B. Vrbanovic- it was resolved: "That the proposal outlined in the report dated June 23, 1999, prepared by Mr. E. Kovacs, relative to the provision of free Transit service in 1999 as part of the City of Kitchener Clean Air Plan, be referred to the Environmental Study Group to further develop a comprehensive educational/promotional plan encompassing all objectives of the Clean Air Plan, and to include development of partnerships with the private sector and other agencies (ie. Regional Health Unit), for presentation to the Environmental Committee and Council in March, 2000." INVESTIGATION OF SEWER CAPACITY - OTTAWA STREET NORTH SANITARY TRUNK SEWER The Committee considered a report dated June 25, 1999, from Mr. S. Gyorffy, Assistant General Manager of the Department of Public Works, requesting that the Consultant Selection Process be waived and the firm of Proctor & Redfern Limited be retained to conduct a study of sewer capacity in the Ottawa Street North Trunk Sanitary Sewer System. On motion by Councillor J. Ziegler- it was resolved: "That the Consultant Selection Process be waived and the firm of Proctor & Redfern Limited, Consulting Engineers, be retained by the City to conduct a study of sewer capacity in the Ottawa Street North Trunk Sanitary Sewer system; and further, That funding, not exceeding $10,000.00, be allocated from the Sewer Surcharge Fund." ONTARIO CLEAN AIR ALLIANCE - ELECTRICAL EMMISSION REDUCTIONS Councillor J. Ziegler referred to a letter dated June 14, 1999, from the Ontario Clean Air Alliance that outlines a draft proposal for submission to the Ontario Energy Board respecting the Board's draft Standards Supply Service Code. He noted that, according to the Clean Air Alliance, the rules of the Board's Code will be counter-productive toward the phase-out of coal-fired electricity unless strict emission caps are put in place. Councillor Ziegler suggested that the Committee consider petitioning the Ontario Government to move toward phase-out of coal-fired electricity by establishing strict emission caps. On motion by Councillor J. Ziegler- it was resolved: "That the Council of the Corporation of the City of Kitchener requests the Province of Ontario to move toward phase-out of coal-fired electricity generation by establishing strict emission caps which include total domestic and imported electricity-related emissions; and further, 7. ONTARIO CLEAN AIR ALLIANCE - ELECTRICAL EMMISSION REDUCTIONS JUNE 28, 1999 PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES - 57 - CITY OF KITCHENER 10. That this resolution be forwarded to the Minister of Environment & Energy, the Ontario Energy Board, the Ontario Clean Air Alliance, local M.P.P.'s, and the Association of Municipalities of Ontario." INFORMATION ITEMS The Committee was in receipt of the following information reports, namely: · King Street Reconstruction- Consulting Engineering Fees · Ottawa Street at Senioren Haus · Watermain Cleaning Customer Notification With respect to the King Street Reconstruction Project, Councillor C. Weylie inquired as to the cost with respect to communications undertaken with Downtown stakeholders. Mr. E. Kovacs responded that this project resulted in the need for an extensive communication plan to insure that all property owners were aware of the work involved in this project and how they would be affected. He advised that staff had under-estimated the efforts required and, accordingly, this had an impact on the engineering fees. In this regard, the costs relating to communications with Downtown stakeholders was approximately $4,000.00 to $5,000.00. DOWNTOWN CORE - CABLE INSTALLATION Councillor B. Vrbanovic referred to work currently underway in the Downtown core to lay underground cabling and pointed out as the work is completed, the sidewalks are being replaced with an asphalt covering. He inquired if the asphalt was intended as a temporary measure which would be replaced at a later date with concrete. Mr. S. Gyorffy responded that the work is being done by Metro-Net Communications to install their telecommunications networking and gave assurance that the asphalt covering was temporary. He pointed out that the asphalt will be replaced with concrete after all the work is completed later this year and will be in place prior to the start of the winter season. ADJOURNMENT On motion, the meeting adjourned at 9:35 a.m. Janet Billett, AMCT Committee Administrator