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HomeMy WebLinkAboutFinance & Admin - 1993-06-14FAC\1993-06-14 FINANCE AND ADMINISTRATION COMMITTEE MINUTES JUNE 14, 1993 The Finance and Administration Committee met this date, commencing at 11:05 a.m., under the Chairmanship of Alderman B. Stortz with the following members present: Mayor D.V. Cardillo, Aldermen T. Galloway, G. Lorentz, M Wagner, C. Weylie and J. Ziegler. Others present: Messrs. R. Freeborn, J. Gazzola, F.S. Graham, J. Wallace, L. Parkhouse, J. Witmer, J. Panunto, D. Paterson, C. Cooke, G. Sosnoski, Mrs. J. Koppeser, Ms. L. MacDonald and Ms. S. Tranter. 1. DELEGATION - CLAIM FOR DAMAGES Mr. R. Fitzgerald appeared concerning damage incurred to his vehicle on March 18, 1993 as a result of hitting a pothole on Ottawa Street. Committee members were previously in receipt of documentation from Adjusters Canada regarding Mr. Fitzgerald's claim. Mr. Fitzgerald noted that the cost to repair the rim and tire was $173.29. He also pointed out that he phoned the Works Yard to request that the pothole be repaired and was told that previous calls had been received in this regard. Mr. Fitzgerald indicated his frustration with the adjuster's position that the City is not responsible in this instance. In response to a question from Mayor Cardillo, Mr. Fitzgerald verified that $37.00 in towing charges had been paid for by his auto insurer. Moved by Mayor D.V. Cardillo - "That a grant without prejudice or precedent in the amount of $146.29 be awarded to Mr. R. Fitzgerald for damages to his automobile as a result of striking a pothole on Ottawa Street." Ms. MacDonald pointed out that the insurer has indicated the City is not legally responsible and awarding damages in this instance would establish a precedent. Mr. Gazzola displayed an entire page of similar claims, noting it is a partial list. In response to a question from Alderman Ziegler, Ms. MacDonald advised that the time limit for filing damage suits against the City is three months. Alderman Ziegler noted that Mr. Fitzgerald has the alternative of Small Claims Court. The motion by Mayor Cardillo to award a grant without precedent or prejudice was voted on and . LOST 2. DELEGATION - AMENDMENT TO STREET VENDOR'S BY-LAW The Committee was advised that Mr. A. Poulos had to leave the country on an urgent family matter and could not appear this date relative to his request to operate a mobile, souvlaki concession. It was generally agreed that this item would be deferred to the July 5, 1993 meeting in order to allow Mr. Poulos to attend. 3. DELEGATION - SAFETY-KLEEN RE-REFINERY Mr. J. Young was in attendance on behalf of Safety-Kleen to answer any questions concerning the information package circulated to Members of Council on June 4, 1993. 4. DELEGATION - DEER RIDGE GOLF CLUB Mr. R. Alarie, President, appeared on behalf of the Deer Ridge Golf Club along with four of its members. The Committee was previously in receipt of a letter from Mr. Alarie dated June 7, 1993 outlining the Club's request for an agreement under Section 23 of the Assessment Act which would have the effect of freezing the assessment used in calculating City taxes relative to the golf course lands (excluding the areas used for buildings). FINANCE AND ADMINISTRATION COMMITTEE MINUTES- 45 -JUNE 14, 1993 4. DELEGATION - DEER RIDGE GOLF CLUB (cont.) Mr. Alarie outlined the Club's request noting that of the approximately 200 acres involved 87% are in the floodplain. He also noted that at present the Club pays municipal taxes in the order of approximately $70,000.00 per year. He acknowledged that if the proposed agreement is terminated either by Deer Ridge or as a result of the lands no longer being used as a golf course, all deferred taxes plus interest would become due. Mr. Alarie outlined why in his opinion the City would benefit from such an agreement noting that Deer Ridge is an excellent example of a co- operative development in a floodplain making use of lands which would be otherwise undevelopable and without financial contributions from any level of government. He also noted that Deer Ridge assists the City in furthering its economic development objectives by making it more attractive to industry and bringing stature and awareness to the community. Mr. Alarie noted that a similar agreement has been entered into by at least three other golf courses outside of the municipality. He added that Deer Ridge is a non-profit organization and is involved in major social works, noting that approximately $45,000.00 is donated annually to the Central Ontario Developmental Riding Program whose stables abut the course. He pointed out that at present a charitable foundation is being developed which would return approximately $150,000.00 to Kitchener area charities. Mayor Cardillo indicated his willingness to put forward a motion granting the agreement requested, noting that a similar arrangement has been entered into with the Westmount Golf and Country Club. Alderman Galloway questioned whether the remnant lands which are still to be conveyed to Deer Ridge would form part of this request and Mr. Alarie replied in the affirmative, adding that these are relatively small. In response to a question from Alderman Lorentz, Mr. Alarie clarified that the agreement is meant to apply to lands in the floodplain as well as a portion of lands above the floodplain, and would insure that taxes do not increase on undevelopable lands. Alderman Wagner expressed concern that Deer Ridge is requesting treatment relative to its assessment which would not be granted to other ratepayers. Mr. Alarie responded that Section 23 of the Assessment Act specifically provides for such an agreement recognizing that golf courses add aesthetic value to the community. He read the relevant extract from the Assessment Act and also noted that at present approximately 9% of the Club's operating budget is directed toward the payment of property taxes. Mr. Eugene George, Club Director, pointed out that at most there is no more than 15 developable acres within the entire golf course holding. Alderman Ziegler inquired as to the cost to the municipality of the assessment agreement entered into with the Westmount Golf and Country Club. Mr. Gazzola replied that this agreement took effect approximately 25 years ago prior to market value assessment and it is estimated that the cost to the City is approximately $100,000.00, which the municipality would receive if and when the property is sold. Alderman Ziegler questioned whether the floodplain status of the lands in question would already be reflected in the assessment rate and Mr. Gazzola replied that he believes it would. Mr. Gazzola pointed out that the agreement in question is one sided in that it can only be dissolved by Deer Ridge and that the cost to taxpayers cannot be accurately determined without knowing future land values. He stressed that entering into agreements similar to the one proposed is at the discretion of the City and may not always be in its best interests. In response to a question from Alderman Galloway, Mr. Alarie clarified that the agreement would involve only the playing area of the course. He repeated his earlier concern that the lands in the floodplain would be unfairly treated as developable for assessment purposes. Alderman Galloway responded that information from a consultant had estimated that 45% of the golf course lands are developable with approximately 38 acres above the floodplain, most of which is presently occupied by golf course facilities. Alderman Galloway suggested that in future more stringent restrictions may be applied to floodplains which would further reduce their value for development and on this basis he is willing to support the request. 4. DELEGATION - DEER RIDGE GOLF CLUB (cont.) Mr. Gazzola indicated he was actively involved in trying to rescind the previous agreement with the Westmount Golf and Country Club. He pointed out that such agreements affect the City's cashflow and extend to golf courses an opportunity to freeze taxes which is not available to other FINANCE AND ADMINISTRATION COMMITTEE MINUTES- 46 -JUNE 14, 1993 ratepayers who must appeal the assessment to the Province. Mr. Graham suggested that any agreement which ensures that open space is maintained is good for the community. He suggested that the City obtain a one foot reserve around the parameter of the course to ensure payment of any deferred taxes which may be owing in the future. Alderman Lorentz argued that unlike Westmount the lands in question cannot be developed. Alderman Wagner pointed out that the average citizen cannot use or access the Deer Ridge lands and consequently any arrangement should be at no cost to the taxpayer as the maintenance and operation of the facility is the responsibility of Club members. On a motion by Alderman G. Lorentz - It was resolved: "That Council grant the request of the President of the Deer Ridge Golf Club for an agreement pursuant to Section 23 of the Assessment Act which would have the effect of freezing the assessment used in calculating taxes relating to the golf course lands (excluding areas used for buildings), and further, That the above agreement include provision for a one foot reserve and be drafted to the satisfaction of the City Solicitor." Alderman Stortz advised that the recommendation would be dealt with by City Council at the June 21, 1993 meeting. Mr. Wallace advised that he would provide details of the one foot reserve prior to this date. 5. DELEGATION - CIVIC CELEBRATION DESIGNATION Ms. Cheryl Ewing, Executive Director, was in attendance on behalf of the Waterloo Regional Arts Council and circulated a publicity flyer for the "Summer in the City" event scheduled for Sunday, July 25, 1993. Committee members were previously in receipt of a joint report from Mr. L.F. Parkhouse and Mrs. J. Koppeser in this regard dated May 31, 1993. Ms. Ewing outlined the Arts Council's request that the event be declared a Civic Celebration. She noted that if not approved this could pose a hardship for participants since each individual would require a Hawkers and Pedlars Licence at a cost of approximately $350.00 per person. If designated a Civic Celebration, the Arts Council could purchase a blanket licence at a total cost of $500.00. She stressed that artists are participating in order to gain public exposure and do not plan to sell their works, though a number of novelty booths and displays are anticipated. On a motion by Alderman G. Lorentz - It was resolved: "That Council grant the request of the Waterloo Regional Arts Council that the event entitled "Summer in the City" scheduled for Sunday, July 25, 1993 in Victoria Park be declared a Civic Celebration." Alderman Stortz suggested that Council may wish to investigate a policy which would assign a different status to small, non-profit groups and asked Mr. Parkhouse whether this could be discussed at a future meeting. Mr. Parkhouse responded that Council presently has a by-law in this regard, with the only option being to waive enforcement. 6. HEALTH INSPECTIONS The Committee was in receipt of a report from Mrs. J. Koppeser dated June 4, 1993 concerning the impact of a decision by the Healthy Environments Division of the Waterloo Regional Health Services Department to no longer inspect businesses applying for licences unless food is involved. Mrs. Koppeser referred to the options outlined in her report. FINANCE AND ADMINISTRATION COMMITTEE MINUTES- 47 -JUNE 14, 1993 Alderman Ziegler asked whether the City could continue to licence and inspect on a complaint basis only. Mrs. Koppeser replied that the present by-law does not make provision for those areas where inspections were previously done by Regional Health. Alderman Stortz expressed concern over the City becoming involved in areas of health where staff have not received the proper training. Alderman Weylie questioned whether health problems would not remain the responsibility of the Health Unit and Ms. MacDonald replied that they would only recognize such problems as they relate to food, however, it is assumed they would continue to respond to complaints. Alderman Ziegler put forward a motion to adopt Option #3 which would involve the City continuing to issue licences without health inspections, and requiring owners of such businesses to post a list of the amenities that their clients have a right to expect. Mr. Parkhouse cautioned that with respect to Option #3 the City may not have access to a listing of those items involved. He suggested that any problems that emerge in this regard should be the responsibility of the Health Unit and suggested that the Committee consider Option #2 whereby licences would continue to be issued without the necessity of meeting previous Health Unit requirements. Alderman Ziegler withdrew his previous motion with respect to Option #3. On a motion by Alderman J Ziegler - It was resolved: "That in response to the recent announcement by the Waterloo Regional Health Services Department that it will no longer inspect businesses applying for licences unless food is involved, the City continue to issue licences but not require these businesses to meet the previous requirements of the Health Unit, and further, That the City Solicitor prepare a by-law in this regard to amend the Municipal Code." 7. KITCHENER REVITALIZATION LOAN PROGRAM It was generally agreed that consideration of this item would be deferred to a future meeting to allow attendance by Alderman M. Yantzi. 8. CHANGES TO BUILDING CODE Mr. Witmer gave a verbal report and requested approval to prepare revised Building and Plumbing By-laws to coincide with the enacting of Bill 112 on July 1, 1993. He indicated that he would be prepared to expand on the changes in the legislation at a later date. On a motion by Alderman G. Lorentz - It was resolved: "That the City Solicitor draft the appropriate by-laws to amend or replace Chapter 660 (Plumbing and Drainage) and Chapter 710 (Building - Permits and Fees) of the Municipal Code in accordance with Bill 112, to be enacted in the Provincial legislature on July 1, 1993." Alderman Wagner expressed concern over the impact of the new legislation on heritage buildings. 9. STORM CLOSING POLICY The Committee was in receipt of a report and recommendation from Mr. D. Paterson dated June 9, 1993 and a draft policy regarding the City's position on opening City Hall during inclement weather. On a motion by Alderman G. Lorentz - It was resolved: FINANCE AND ADMINISTRATION COMMITTEE MINUTES- 48 -JUNE 14, 1993 "That the draft Storm Closing Policy appended to the report of Mr. D. Paterson dated June 9, 1993 be adopted." 10. PENSION PLAN FOR ELECTED OFFICIALS Council received as information a report from Mr. J. Panunto dated May 19, 1993 clarifying the ability of the proposed plan to allow for the purchase of past service. 11. FILES OF WARD ALDERMEN The Committee was in receipt of a report from Mr. G. Sosnoski dated June 8, 1993 concerning the relationship between the above files and the access and privacy legislation. The Committee generally agreed to adopt the recommendation therein. 12. VACANCY - COMMITTEE OF ADJUSTMENT The Committee was in receipt of a memorandum from Mrs. D. Gilchrist dated June 10, 1993 advising of the resignation of Mr. F.W. Lehman. On a motion by Alderman C. Weylie - It was resolved: "That as a result of the resignation of Mr. F.W. Lehman (effective July 31, 1993) the City Clerk advertise for a replacement to sit on the Committee of Adjustment for the remainder of the current term expiring November 30, 1994, and further, That Mr. Lehman receive a letter of appreciation." 13. TENDER #T93-51 (KOLB DRAIN WATERCOURSE AND TRUNK SANITARY SEWER CONSTRUCTION) The Committee was in receipt of a report from Mr. T. McKay dated June 14, 1993 requesting the Committee's direction on awarding of the above tender. On a motion by Alderman G. Lorentz - It was resolved: "That Tender T93-51, Kolb Drain Watercourse and Trunk Sanitary Sewer Construction, be awarded to Subterra Waterloo Inc., at their tendered price of $973,428.07 (including G.S.T.)." 14. CAUCUS ITEMS The Committee resolved itself into caucus to consider various items, and reconvened at 12:35 p.m. to consider the balance of its agenda. 15. ANNUAL REPORT - ADMINISTRATIVE SERVICES DEPARTMENT Mr. Freeborn, Mr. Paterson, Ms. Tranter and Mr. Cooke gave an audio/visual presentation summarizing the Annual Report of the Administrative Services Department. 16. NEXT MEETING The next regularly scheduled meeting of the Finance and Administration Committee will be held on . Monday, July 5, 1993 FINANCE AND ADMINISTRATION COMMITTEE MINUTES- 49 -JUNE 14, 1993 17. ADJOURNMENT On motion, the meeting adjourned at 1:05 p.m. _________________________________ G. Sosnoski Manager of Corporate Records/Assistant City Clerk