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FINANCE AND ADMINISTRATION COMMITTEE MINUTES
OCTOBER 4, 1993
The Finance and Administration Committee met this date, commencing at 9:30 a.m., under the
Chairmanship of Councillor C. Zehr with the following members present: Mayor D.V. Cardillo, Councillors
B. Stortz, T. Galloway, G. Lorentz, J. Smola, M. Wagner and C. Weylie.
Others present: Councillor M. Yantzi, Messrs. T. McKay, F.S. Graham, J. Wallace, R.W. Pritchard, D.
Suzuki, J. Shivas, O. den Ouden, L.F. Parkhouse, K. Tribby, G. Sosnoski, Ms. L. MacDonald, Ms. D.
Arnold and Mrs. J. Koppeser.
Councillor Zehr indicated that Councillor J. Ziegler had sent his regrets and would not be attending the
meeting this date due to a death in the family.
1.
LIABILITY CLAIM - 15 WILKINS DRIVE
Councillor Zehr advised that the report of the Consulting Engineer which was requested at the
September 20, 1993 meeting has not been delivered for review by staff. It was generally agreed
that this item would be further deferred to the October 18, 1993 meeting pending receipt of the
report.
Councillor Stortz asked that Committee members be recirculated with the background material
relative to the owner's original claim. He also asked that a report be submitted by the Legal
Department outlining the implications of Council dealing with a claim which has been denied by
the City's Insurer.
2.
SUMMARY REPORT - BREAK-OPEN TICKETS
The Committee was in receipt of a 6 month summary report from Mrs. J. Koppeser dated
September 28, 1993 regarding the sale of Break-Open Tickets from Third Party Locations.
Mrs. Koppeser briefly reviewed her report, indicating that the initiative seems to be well received
by organizations in the municipality. In response to a question from Councillor Galloway, she
indicated that to date organizations have been conscientious in reporting and complying with the
guidelines.
Councillor Wagner expressed concern over the City's position on gambling and asked whether
there is a limit on the number of licences which can be issued. Mrs. Koppeser replied that Council
has not restricted the number and felt that the market would control the volume of applications.
Mr. Graham expressed his concern that organizations which are already established in the
community and submitted applications early would benefit from ticket sales, whereas newly formed
organizations would not have the same access. Councillor Lorentz expressed the opinion that
there are many good ticket locations remaining in the City and that citizens should be allowed to
make their own decisions on lottery expenditures.
3.
BREAK-OPEN TICKET REQUEST - CHILDREN'S ONCOLOGY CARE OF ONTARIO INC.
(RONALD MCDONALD HOUSE)
The Committee was in receipt of a report from Mrs. J. Koppeser dated September 27, 1993
recommending no action on the organization's licence request.
Mr. J. Proniuk appeared on behalf of Ronald McDonald House and outlined the purpose of the
organization. He explained that the Houses in Toronto and Hamilton have provided short term
accommodation for families in the Region whose children are undergoing medical treatment. Mr.
Proniuk referred to the City criteria that any local group licensed must have a physical presence in
Kitchener and asked that an exception be made in this instance. Mr. Proniuk indicated a
willingness to approach his Board of Directors with the suggestion that funds from the sale of
Break-Open Tickets in this area be segregated.
Councillor M. Yantzi entered the meeting at this time.
FINANCE AND ADMINISTRATION
COMMITTEE MINUTES- 75 -OCTOBER 4, 1993
Councillor Stortz indicated his preference that the organization work through a local affiliate and
that any revenue from ticket sales be segregated and used to assist families in the area on a long
term basis.
3.
BREAK-OPEN TICKET REQUEST - CHILDREN'S ONCOLOGY CARE OF ONTARIO INC.
(RONALD MCDONALD HOUSE) (cont.)
Moved by Councillor G. Lorentz -
"That Council grant the request of Children's Oncology Care of Ontario Inc. -
Ronald McDonald House for permission to be licensed in the City of
Kitchener to sell Break-Open Tickets at Third Party Locations."
Councillor Stortz suggested a deferral to allow the delegation to make a submission more
compatible with the City's criteria.
On a motion by Councillor B. Stortz -
It was resolved:
"That consideration of the request of Children's Oncology Care of Ontario
Inc. - Ronald McDonald House for permission to be licensed to sell Break-
Open Tickets at Third Party Locations be deferred to the October 18, 1993
Finance and Administration Committee meeting to allow the applicant's
representative to meet with Licensing staff and re-submit a revised
application which is more in keeping with the City's Break-Open Ticket
criteria/guidelines."
Mr. McKay asked that Mr. Proniuk speak with Mrs. J. Koppeser concerning the revised
submission.
4.
BREAK-OPEN TICKET REQUEST - OPTIMIST CLUB OF WESTVALE-WATERLOO
The Committee was in receipt of a report from Mrs. J. Koppeser dated September 27, 1993
recommending that no action be taken on the request for permission to be licensed in the City of
Kitchener.
Mayor D.V. Cardillo put forward a motion of no action on the request of the Optimist Club.
Mr. McKay pointed out that in the event Waterloo decides to license Break-Open Tickets a number
of organizations with membership in both Kitchener and Waterloo would be affected and
suggested a re-evaluation of the guidelines in this regard.
Ms. Deborah Bricknell, By-Law Enforcement, was in attendance on behalf of the City of Waterloo
and advised that a report recommending the licensing of Break-Open Tickets at Third Party
Locations would go before Waterloo Council in the next few weeks. Councillor Lorentz suggested
that under the circumstances the organization should be asked to apply to the City of Waterloo
and some form of reciprocal arrangement discussed. Mayor Cardillo accepted the suggestion of
Councillor Lorentz as a friendly amendment.
On a motion by Mayor D.V. Cardillo -
It was resolved:
"That no action be taken on the request of the Optimist Club of Westvale-
Waterloo for permission to be licensed to sell Break-Open Tickets at Third
Party Locations in Kitchener, and,
That in view of the intention of Waterloo City Council to consider the
licensing of Break-Open Tickets, and since the Club is based in Waterloo,
they be asked to approach Waterloo Council, and further,
That if appropriate, a reciprocal arrangement be considered for Clubs whose
membership is split between the two municipalities."
5.
1994 PRO FORMA BUDGET
FINANCE AND ADMINISTRATION
COMMITTEE MINUTES- 76 -OCTOBER 4, 1993
It was generally agreed that further consideration of the Budget would be deferred to the October
18, 1993 meeting.
6.
BREAK-OPEN TICKET REQUEST - (CITY FACILITY - KITCHENER MINOR SOCCER INC.)
The Committee was in receipt of a report from Mrs. J. Koppeser dated September 27, 1993
recommending that permission be granted for the sale of tickets from the Soccer Facility at 1111
Homer Watson Blvd. It was noted that ownership of this Facility will revert to the City at a future
date and Council had previously requested that applications involving City-owned facilities be
referred to them for approval.
Mr. Drew Dayman, General Manager, appeared on behalf of Kitchener Minor Soccer Inc. and
explained the organization's decision to request the sale of tickets from its own facility.
On a motion by Councillor M. Wagner -
It was resolved:
"That Council grant the request of Kitchener Minor Soccer Inc. for permission
to sell Break-Open Tickets from the Soccer Complex at 1111 Homer Watson
Blvd. provided the necessary licence is obtained."
7.
BINGO PRIZE BOARD INCREASE
The Committee was in receipt of a report from Mrs. J. Koppeser dated September 27, 1993
recommending an increase for a six month trial period in response to a request from the
Concourse Charities Bingo Committee.
Moved by Mayor D.V. Cardillo -
"That for a trial period of six months the prize boards for bingos operated in
the City of Kitchener be increased to $3,500.00 per event, and further,
That following the above trial period the entire issue of prize board
maximums be reviewed and a report prepared for consideration by the
Finance and Administration Committee."
Councillor Galloway questioned what would occur if the City agreed to a $3,500.00 prize board
and the organization fails to make this amount in revenues. Mrs. Koppeser referred to the
statistical breakdown in her report and advised that on some nights this would be a reasonable
target while on others it would not. She also pointed out that the Cities of Cambridge, Brantford,
Guelph and Breslau are now licensing $3,500.00 bingos and that when the Province downloads
further responsibility the prize limit will be established at $5,000.00. Councillor Galloway
expressed his concern over the possibility of conflict between bingos over the increase in the prize
board.
The motion by Mayor D.V. Cardillo to increase the prize board to $3,500.00 for a six month trial
period was voted on and .
CARRIED
8.
KITCHENER MUNICIPAL CODE - SET FINES/TICKET PRIVILEGES
The Committee was in receipt of a joint report from Ms. D. Arnold and Ms. L. MacDonald dated
September 29, 1993 recommending approval of the short form wording in Schedule A and the
suggested fines outlined therein.
Ms. Arnold indicated that based on conversations with Mr. K. Tribby it would be useful for staff to
have the proposed ticketing privileges which would provide a quicker method of laying charges
and possibly reducing the case load in the courts. She emphasized that the fines in the Schedule
are suggestions only.
Councillor Galloway asked for assurances that the person guilty of an infraction would have a
reasonable opportunity to correct the situation before a ticket is issued. Mr. Tribby replied that
there is no intent to change existing enforcement practices and staff would continue to encourage
voluntary compliance with a ticket being issued only as a last resort or for chronic offenders.
FINANCE AND ADMINISTRATION
COMMITTEE MINUTES- 77 -OCTOBER 4, 1993
Councillor Galloway noted that he has a particular concern over enforcement of the Noise By-Law.
8.
KITCHENER MUNICIPAL CODE - SET FINES/TICKET PRIVILEGES (cont.)
Councillor Wagner referred to the clearing of snow and ice and asked how the proposed initiative
would assist in dealing with habitual offenders. Mr. Tribby replied that offenders would still have
benefit of the 48 hour waiting period, adding that this matter is the only one which is governed by a
strict enforcement policy approved by Council. Ms. Arnold added that the maximum fine in this
case would be $80.00. Councillor Wagner questioned whether there was some method of
circumventing the 48 hour waiting period when dealing with habitual offenders. Mr. Tribby
indicated that he could investigate and report on this issue. Councillor Lorentz questioned
whether any warning letters would include reference to the amount of the fine. Mr. Tribby replied
that for matters other than snow and ice the letters would be so amended.
Councillor Weylie requested clarification of the recent Supreme Court decision concerning the
posting of signs on municipal property and Mr. Wallace advised that the decision means the
municipal by-law has no effect. However, he added that the decision seems to imply that Council
can regulate placement and stated that a full report would be prepared for consideration by
Council.
On a motion by Councillor B. Stortz -
It was resolved:
"That Council approve the short form wording and the suggested set fines for
the offences under Chapters 408, 450, 630, 645, 680 and 687 of the City of
Kitchener Municipal Code as set out in the Schedule A dated September 30,
1993 and attached to the report of Ms. D. Arnold and Ms. L. MacDonald
dated September 29, 1993, and further,
That the City Solicitor be authorized to submit said Schedule to the Regional
Senior Judge of the Ontario Court (Provincial Division) for the establishment
of set fines."
9.
CAUCUS ITEMS
The Committee resolved itself into caucus to consider the balance of its agenda.
10.
NEXT MEETING
The next regularly scheduled meeting of the Finance and Administration Committee will be held on
.
Monday, October 18, 1993
11.
ADJOURNMENT
On motion, the meeting adjourned at 11:20 a.m.
_________________________________
G. Sosnoski
Manager of Corporate
Records/Assistant City Clerk