HomeMy WebLinkAboutFinance & Admin - 1993-11-15FAC\1993-11-15
FINANCE AND ADMINISTRATION COMMITTEE MINUTES
NOVEMBER 15, 1993
The Finance and Administration Committee met this date, commencing at 11:10 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 J. Ziegler.
Others present: Councillor M. Yantzi, Councillor G. Leadston, Messrs. T. McKay, J. Gazzola, B. Page, R.
Freeborn, F.S. Graham, G. Sosnoski and Ms. B. Baker.
1.
CAPITAL BUDGET REVIEW
Councillor Zehr highlighted the meeting changes, noting that the November 17, 1993 meeting will
end at 1:30 p.m. rather than 5:00 p.m. with the balance of the agenda being considered on
November 24, 1993. He noted that the changes were due in part to Regional meeting conflicts.
2.
LIABILITY CLAIM - 15 WILKINS DRIVE
Councillor Zehr advised that staff had received the Consulting Engineer's report earlier this date,
and by general consent it was agreed to further defer consideration of this item to the December 6,
1993 meeting to allow staff an opportunity to review the report in detail.
3.
REIMBURSEMENT REQUEST - TREE REMOVAL (247 TAGGE CRES.)
The Committee was in receipt of a memorandum from Councillor J. Ziegler dated October 26,
1993 concerning the owner's request relative to tree removal costs. They were also in receipt of
Planning and Development Department Report #PD114/93 from Mr. B. Page and Mr. T. McCabe
dated November 9, 1993 recommending no action on the request.
Councillor Ziegler advised that at the time of purchase the owners were convinced a Norway
Spruce on their property was dying and requested its removal. He noted that staff did not agree
with the owners' assessment, however, the tree subsequently died and had to be removed at a
cost to the owner of $350.00. Councillor Ziegler expressed the opinion that in the interest of
fairness the City should pay half the cost.
Ms. Lori McLellan appeared in support of her request for reimbursement. She noted that the tree
was part of the City's Tree Saving Plan and was removed from her property in accordance with the
City's established procedure. She pointed out that the tree showed evidence of decline in
September of 1989 and died six months later. Ms. McLellan indicated that she did not agree with
the staff decision to refuse her reimbursement request and felt that she was treated unfairly.
Mayor D.V. Cardillo referred to the cost in the tree removal invoice relative to the cutting of
firewood and Ms. McLellan replied that the tree was shredded and removed from the property.
She also noted that it has been subsequently replaced and the yard re-landscaped.
Mr. B. Page advised that as a species the Norway Spruce is prone to rapid decline when stressed
and pointed out that the tree was inspected in 1989 and all characteristics suggested that it was in
a healthy state. In response to a question from Councillor G. Lorentz concerning a statement in
Mr. Page's letter of May 28, 1990, Mr. Page confirmed the tree was inspected by Ms. J. Dean in
September of 1989 and was found to be in good order, with signs of new growth. He also referred
to a report prepared by staff of the Forestry Section dated April 26, 1990 confirming the tree's
healthy state.
Councillor Ziegler put forward a motion recommending that a grant in the amount of $175.00,
being 50% of the cost of the tree removal, be awarded to the owners without prejudice or
precedent.
Councillor Wagner inquired as to the impact of such a grant relative to the City's other tree saving
plans. Mr. Page replied that a substantial number of trees would be involved, noting that the City
receives several
FINANCE AND ADMINISTRATION
COMMITTEE MINUTES- 96 -NOVEMBER 15, 1993
3.
REIMBURSEMENT REQUEST - TREE REMOVAL (247 TAGGE CRES.) (cont.)
applications for removal every year in addition to those which are removed without contacting the
City. He pointed out that the tree saving initiative is not an exact science, and despite the best
efforts of staff and developers, some trees die. Mr. Page offered the opinion that this is viewed as
an inherent risk assumed by the owner when purchasing a treed lot.
Councillor Ziegler expressed the opinion that awarding a grant in this instance would set a limited
precedent on the basis that the owner expressed concern over the health of the tree at point of
purchase. Since the City forced the owner to retain the tree, the City should share in the cost of
removal if an error in judgement was involved.
Councillor J. Smola put forward an amending motion to award a grant in the amount of $350.00
which was voted on and .
LOST
On a motion by Councillor J. Ziegler -
It was resolved:
"That a grant without prejudice or precedent in the amount of $175.00 be
awarded to Ms. Lori McLellan, being 50% of the cost to remove a tree at the
property known municipally as 247 Tagge Cres."
4.
DOGS - MAXIMUM PER DWELLING UNIT
The Committee was in receipt of a report from Ms. D. Arnold dated November 8, 1993 and an
extract from the Chapter 520 (Dogs) of the Municipal Code which stipulates a maximum of ten
dogs per dwelling unit.
Mr. Arthur Kaufman appeared with regard to ongoing problems involving the barking of dogs at the
Golden Shine Kennel, 38 Manitou Drive. He indicated that he has been to Court on three
separate occasions and in all instances charges have been dropped. Mr. Kaufman noted that he
was advised by Legal Department staff that the Noise By-law applies to all areas of the City, even
those which are zoned industrial. He noted that noise from a business or industry usually
originates inside a building and unlike the kennel in question does not occur outside the premises.
Mr. Kaufman suggested that the City amend the by-law with regard to the permitted number of
dogs in any dwelling unit and cited the three dog limit imposed by the City of Waterloo.
Mr. Kaufman informed the Committee of the present zoning of the Golden Shine Kennel lands and
constraints imposed on the property relative to the floodplain and road widening. He suggested
that the owner's ignorance of these constraints is no excuse for subjecting him to the noise
generated by the kennel. Mr. Kaufman also referred to the construction of a fence as a sound and
visual buffer, noting that the owner's solution of wiring plywood sheets to a chain link fence is
unacceptable.
Mr. Kaufman stated the opinion that he is entitled to enjoy his property, which he has occupied as
both a residence and business since 1946. He suggested that the owner of the Golden Shine
Kennel should take responsibility for her business, and if appropriate move the operation to a
more suitable location. He suggested that the kennel owner has proven unreliable in regard to
correcting the present situation and that it is important for the City to enforce its by-laws to insure
co-operation.
Mr. A. Gubler appeared in his capacity as the lawyer for the owner of Golden Shine Kennel and
relayed a history of the Court proceedings to date. He pointed out that subsequent to Council
amending the by-law the Courts granted an appeal to the second decision which was not pursued
by the City's Legal Department. In referring to the decisions of the Court, he emphasized that the
Justice of the Peace focused on whether the noise unreasonably disturbed a person in their
residence. Mr. Gubler also referred to an ongoing dispute concerning a discrepancy between the
fence the property lines.
Mr. Gubler suggested that the City limit the scope of its by-law to licensing matters and not restrict
the number of dogs, thereby
4.
DOGS - MAXIMUM PER DWELLING UNIT (cont.)
FINANCE AND ADMINISTRATION
COMMITTEE MINUTES- 97 -NOVEMBER 15, 1993
restricting trade. He suggested that the present ten dog limit is not unreasonable and cautioned
the City against attempting to regulate environmental standards as these are already dealt with
under separate legislation. Councillor Ziegler clarified that at present there is no limit on the
number of dogs in a kennel if the owner complies with City regulations. He added that the Golden
Shine Kennel has already been granted an extension on compliance.
Mr. Clarence King appeared with regard to the ten licensed dogs he keeps at the property known
municipally as 99 Waterloo Street.
Councillor Smola narrated a video tape of the subject property and noted issues relating to noise,
odours and crowding. Councillor Smola advised of his interest in considering an amendment to
the existing by-law which would reduce the number of dogs allowable per dwelling unit from ten to
three in number.
Mr. King offered the opinion that the problems he has encountered relate to neighbourhood
disputes involving other issues and are not a direct result of the number of dogs kept on his
property. He stated that neighbours have not approached him concerning the dogs and he has
spoken with representatives of the K-W Humane Society and implemented measures suggested
by them to improve drainage and reduce odours. He also noted that the dogs in question are
Siberian Huskies which seldom bark and are not considered loud. In response to a question from
Councillor Yantzi as to why he keeps ten dogs, Mr. King replied that they are his friends.
Ms. Toni Davies appeared in her capacity as the President of the K-W Kennel Club and advised
that she is opposed to changing the present by-law which the previous Ad Hoc Committee worked
hard to develop. She pointed out that Waterloo has encountered problems with respect to their
three dog limit and suggested that the present Noise By-law should be sufficient to address the
problem of barking dogs. She questioned why this issue is being brought forward at this time, in
what appears to be a response to a single problem kennel. Ms. Davies pointed out that prior to
the recent by-law amendments the City did not have a limit on the number of dogs and
encountered no significant problems. She questioned why staff time and resources were being
wasted when the problems referred to this date could be dealt with through existing noise, health
and property standards legislation. Councillor Ziegler pointed out that the problems encountered
to date are not isolated and are not limited to the two properties discussed this date.
Ms. Davies advised that more than three dogs are required for hobby breeding and Councillor
Wagner inquired as the number of K-W Kennel Club members who have more than three dogs.
Ms. Davies replied that the average member has four dogs, though between three and five owners
have more than this number.
Ms. Laurie Soutar appeared and indicated that she is an owner and breeder and has ten dogs.
She advised that reasonable standards are required, but that no one person should have the right
to impose their standards on the entire City. She suggested that Council should not amend the
by-law to solve a neighbourhood problem and that community mediation is an alternative, though
this has been declined in the past by Mr. Kaufman. She added that the primary problem relates to
noise, which is not a component of the Dog By-law and echoed comments made by Ms. Davies to
the effect that all potential problems involving kennels and hobby breeders are addressed through
other legislation. She also offered the opinion that the present by-law has not been in place long
enough to determine whether it is working.
Councillor Ziegler pointed out that noise is dealt with through the Kennel By-law via the buffering
provision, and that once the required standards have been met the problem will resolve itself. He
suggested that if the number of dogs per dwelling unit is to be reduced, another ad hoc committee
should be struck to hear submissions. Councillor Yantzi inquired whether a formal Notice of
Motion would be required to re-open this issue and Mr. McKay replied that this would depend on
the extent and nature of the amendment and whether it is considered
4.
DOGS - MAXIMUM PER DWELLING UNIT (cont.)
significant in terms of the overall by-law. He suggested that a reduction in the number of dogs
from ten to three would be significant.
Councillor Stortz advised the Committee of the recent death of Mr. J. Cosgrove of the K-W
Humane Society and indicated the date and time of the funeral.
FINANCE AND ADMINISTRATION
COMMITTEE MINUTES- 98 -NOVEMBER 15, 1993
Councillor Stortz put forward a motion that a second ad hoc committee be struck to consider an
amendment to Chapter 530 (Dogs) of the Municipal Code with regard to the number of dogs as
well as the issues referred to by Councillor Smola this date.
Councillor Yantzi offered the opinion that a full review of the by-law is not required and indicated
he would investigate further whether Notice of Motion is required. Mayor Cardillo questioned the
rationale for striking another ad hoc committee and Councillor Smola referred to the video shown
this date, noting that the present by-law does not address problems relating to odours and the size
of the property on which the dogs are kept.
Councillor Zehr indicated that all Members of Council would be permitted to vote on this issue.
On a motion by Councillor Stortz -
It was resolved:
"That a second ad hoc committee be struck to consider amendments to
Chapter 530 (Dogs) of the City of Kitchener Municipal Code as it relates to
the number of dogs permitted per dwelling unit and the property standards
relative to the keeping of dogs, with said Committee to report to the Finance
and Administration Committee, and further,
That the ad hoc committee be composed of Councillors J. Ziegler, J. Smola,
B. Stortz, Ms. Laurie Soutar, Ms. Mary Linington, Mr. Arthur Kaufman, Mr.
James Prudom and one representative each from the Humane Society, K-W
Kennel Club and a commercial licensed kennel with Ms. D. Arnold serving as
the staff resource person."
Councillor Smola suggested that the ad hoc committee meet as soon as possible and Councillor
Stortz suggested a report in one month's time. Councillor Zehr asked that Councillor Stortz Chair
the committee.
5.
JOB EVALUATION PROGRAM - UNION LOCAL #304
The Committee was in receipt of a report from Ms. B. Baker dated November 9, 1993
recommending that no action be taken on the request of the Canadian Brotherhood of Railway
and Transportation (CBRT) Local #304 to have the City's Job Evaluation Program extended to its
members.
Mr. W. Mazmanian, President, Local #304 and Mr. Cy Hoadley, Representative, appeared in
support of the request. Mr. Mazmanian referred to a number of inaccuracies in the report of Ms.
Baker and asked Council for treatment of its members in a manner similar to that of CUPE Local
#791 and Management/Supervisory staff.
Councillor Lorentz questioned the rationale for the request, in view of the fact that the test
evaluations point to a reduction in pay. Mr. Mazmanian replied that the Union has a contract with
the City and for this reason could not be paid less. He added that if staff could demonstrate that
Local #304 jobs are worth less than the positions already rated he would abandon his request. He
also questioned how Security Guards and Cashiers could be paid less than Bus Drivers. Mr.
Mazmanian also stated that it was unfair of Management to evaluate the positions at issue without
input from the staff members who currently occupy them. Mr. Freeborn clarified that the Manager
of Transit Operations wrote the sample job descriptions but did not conduct the evaluations, which
were performed by the City's Salary Administrator. He explained that Pay Equity legislation has
disturbed long standing
5.
JOB EVALUATION PROGRAM - UNION LOCAL #304 (cont.)
relationships between staff positions in an effort to give consideration to jobs which were
traditionally female dominated. He confirmed that Security Guards and Transit Clerks are now
paid more than Bus Drivers, which was not the case before the legislation took effect. He noted
that CBRT may not like the results of the evaluation, however, the same could be said for a
number of other employees.
Councillor Galloway asked how the rate paid to Bus Drivers relates to other municipalities and Mr.
FINANCE AND ADMINISTRATION
COMMITTEE MINUTES- 99 -NOVEMBER 15, 1993
Freeborn replied that it is comparable, noting that the rate forms part of contract negotiations.
Councillor Galloway noted that it appears the issue at hand relates more to internal equity than
pay equity, noting that Transit Inspectors received a substantial pay increase as a result of the Job
Evaluation Program. Ms. Baker indicated that there is a differential in the hourly rate of
Supervisors and Bus Operators of approximately $7.00. Mr. McKay pointed out the CBRT
employees have no legal right to job evaluation and have operated outside of the contract
negotiation process since the initiative failed at that level. He also added that the Social Contract
limits the City's alternatives at this time.
On a motion by Mayor D.V. Cardillo -
It was resolved:
"That no action be taken on the request of the Canadian Brotherhood of
Railway and Transportation Local #304 to extend the City's Job Evaluation
System to CBRT classifications."
6.
LEASING OF SPACE - KITCHENER CITY HALL
The Committee was in receipt of a report from Mr. T. Boutilier dated November 10, 1993
recommending conditional leasing of office space to local, non-profit community groups.
Mr. McKay suggested that the Committee may wish to consider developing a policy outside of the
specific lease request and deal with this application separately once the market rate has been
established.
On a motion by Councillor G. Lorentz -
It was resolved:
"That the City of Kitchener lease office space within any of its facilities to
local, non-profit community groups provided that:
a)Space is available within the public areas of the new City Hall or any
other City facility, and,
b)Space is leased on the basis of fair market value rent."
7.
CITY HALL MEMORIAL PAINTING PROPOSAL
The Committee was in receipt of a business proposal from Mr. R. Wanka and an extract from the
City Hall Steering Committee minutes of October 4, 1993. Consideration of Mr. Wanka's proposal
was previously referred to the Arts and Culture Advisory Committee, presently under formation,
and was subsequently referred to the meeting this by the Finance and Administration Committee
on November 1, 1993.
Mr. R. Wanka and Mr. R. Brown were in attendance in support of the proposal involving
commissioning of the painting and the subsequent sale of prints. Mr. Wanka referred to the
painting on display indicating it would take approximately two weeks to complete.
Mr. Brown referred to a discrepancy between the artist's proposal the City Hall Steering Committee
minutes. He noted that it was the artist's intent that the City should receive the original painting
and be reimbursed for all costs incurred in producing the prints. He noted that signatures and the
City seal would appear on the prints with the City collecting royalties on their sale to offset costs.
Mr. Brown added that though the City would take possession of 5,000 prints it was
7.
CITY HALL MEMORIAL PAINTING PROPOSAL
not clearly indicated in the original proposal that ownership of these would remain with the artist's
publisher. He added that when the City receives the prints there will also be handling, shipping
and administration charges. Mr. Brown pointed out that initial sales should cover the City's costs
and any residual profits would come to the artist and the City in the form of royalties.
Councillor Lorentz indicated his support for the proposal and suggested that the Committee
recommend approval in principle subject to a staff investigation and report on the business details.
He added that this would be on the basis that the City would recover all of its costs. Councillor
FINANCE AND ADMINISTRATION
COMMITTEE MINUTES- 100 -NOVEMBER 15, 1993
Zehr questioned whether the projected print sales were realistic and expressed concern over the
City's ability to recover its costs. Councillor Wagner inquired as to who would be responsible for
selling the prints, collecting the money and generally administering the proposal. He suggested
that the Parks and Recreation Department could deal with this through the Arts Acquisition
Committee, presently under formation. Councillor Lorentz responded that responsibility should not
be given to a committee which has yet to be formed. Councillor Stortz also asked that staff
determine which account could be used to fund the City's portion.
Mr. McKay urged the Committee to take no action on the request, indicating that if the proposal is
sound, Mr. Wanka should undertake to market the prints himself. He also noted that a painting of
the former City Hall by Peter E. Snyder is already on sale. Councillor Ziegler agreed with the
comments of Mr. McKay noting that additional staff involvement will be required and a project of
this nature is outside of the responsibility of Council.
Councillor Lorentz put forward a motion directing that staff report on the details of programming the
proposal of Mr. R. Wanka, including the issues raised by the members of the Finance and
Administration Committee this date.
Mr. Wanka noted that the painting before the Committee is intended as a memorial with ties to the
City's history and not just a pretty picture. He indicated that he would be disappointed if Council
decided not to proceed based on the minimal risk involved, noting that he had envisioned the new
City Hall as being the perfect platform for promoting the sale of prints. Councillor Leadston
referred to several aspects of the site layout portrayed in the painting which he felt were
inaccurate. He offered the opinion that if the purpose of the painting is to act as an historic record,
all details should be verified. Councillor Wagner suggested that the motion be amended to refer
the matter to the Arts and Culture Advisory Committee, and Councillor Zehr clarified that if there is
no action this date, the issue would automatically be referred to the Arts and Culture Advisory
Committee based on the previous direction of Council.
Councillor Lorentz withdrew his previous motion requesting a staff report on programming of the
project.
Councillor Stortz asked whether there was some way the City could provide support without
investing money in the project. Councillor Ziegler offered the opinion that the proposal should not
be directed to a committee or involve any staff time or City funds, but that the municipality's
participation should be limited to displaying the picture. Councillor Zehr indicated that Notice of
Motion would be required in order to change the direction previously given by Council.
On a motion by Councillor J. Ziegler -
It was resolved:
"That with regard to previous direction that consideration of the artist's
proposal relative to a memorial painting of the 1924 City Hall be referred to
the Arts and Culture Advisory Committee presently under formation, Council
further direct that any arrangement involving the painting and the sale of
prints be at no cost to the City either in terms of capital outlay or staff time."
8.
LOCATION OF STANDING COMMITTEE MEETINGS
Council had previously requested consideration of the suggestion that Standing Committee
meetings be held in the Council Chamber rather than the Conestoga Room.
Councillor Yantzi put forward a motion that no action be taken to relocate Standing Committee
meetings in the Council Chamber.
Mr. McKay pointed out that cabinets have been installed in the Conestoga Room and that he has
discussed lighting improvements with the Architect.
Councillor Leadston indicated he would not support a motion of no action and referred to the
reasons why he felt the Council Chamber would be a more suitable location, including: better
acoustics; more extensive audio/visual equipment; adjacent lunch facilities; greater public
accessibility and telephone access; and the availability of adjacent rooms for caucus meetings.
Mayor Cardillo pointed out that daily City Hall tours may pose a problem. He also offered the
opinion that Council Members have not given the Conestoga Room a fair trial period. Councillor
FINANCE AND ADMINISTRATION
COMMITTEE MINUTES- 101 -NOVEMBER 15, 1993
Lorentz agreed with the comments of Councillor Leadston, adding that the Council Chamber would
provide a better opportunity for the televising of committee meetings. He suggested that changing
the location would also make these meeting more visible and accessible to the public.
Councillor Galloway suggested that the public is better served in the Conestoga Room as the
layout is less intimidating for delegations, and that all of the deficiencies referred to could be
rectified. He noted that the Heritage Room could also be used for lunch and caucus meetings,
with the Council Chamber being used for specific meetings where enhanced audio/visual
presentations are required. Councillor Ziegler agreed with the points raised by Councillor
Leadston and suggested that there should be more extensive use of the Council Chamber.
Councillor Wagner referred to improvements in the sound system in the Conestoga Room and
noted that there appears to be no relationship between the meeting location and the quality of
debate and decisions. He pointed out that the room has not been completed and deficiencies can
be addressed. Councillor Wagner suggested that Standing Committees continue to meet in the
Conestoga Room and the issue be re-evaluated in six to eight month's time if requested by
Councillor Leadston. Councillor Stortz supported relocation of the Standing Committee meetings
to the Council Chamber on the basis that it is more accessible to the public. Councillor Yantzi
offered the opinion that the Conestoga Room provides a more inviting environment for the public.
The motion by Councillor Yantzi that no action be taken to relocate Standing Committee meetings
to the Council Chamber was voted and .
LOST on a tie vote
Councillor J. Ziegler put forward a motion that Standing Committee meetings be relocated to the
Council Chamber and this decision re-evaluated upon completion of the Conestoga Room. The
motion was dealt with and .
LOST on a tie vote
9.
PROGRAMMING OF CIVIC SQUARE
The Committee was in receipt of a report from Mr. R. Arnot dated October 27, 1993 in response to
Council's deferral of Clauses #1 and #2 of the City Hall Steering Committee report of October 26,
1993.
Councillor Stortz advised that the Kitchener Downtown Business Association (KDBA) initially
provided a grant for purchase of the ice re-surfacing machine as well as an annual operating
grant. Though the original intent was that these funds be directed to the ice rink, the KDBA no
longer requires that they be spent specifically in this area.
Councillor Ziegler put forward a motion that the KDBA contribution of $10,000.00 per year over the
next four years be spent on the ice rink in the Civic Square with revenues from the ice re-surfacing
machine used to offset rink operating costs.
9.
PROGRAMMING OF CIVIC SQUARE (cont.)
Councillor Ziegler suggested that the money should be spent for the purpose it was originally
intended. Mr. Graham pointed out that this contribution was made several years before
construction of the facility and that at present the KDBA are more interested in programming
activities in the Civic Square. Councillor Ziegler suggested that these uses could be considered in
the event the contribution was extended beyond the four year period.
Councillor Stortz suggested that Clause #1 of the June 21, 1993 City Hall Steering Committee
report be amended to reflect that the $10,000.00 contribution would be used for the maintenance
of the ice rink, but that revenues from the sale of advertising on the ice re-surfacer would be
directed to programming the Civic Square as outlined in Clause #2 of the report. Councillor
Ziegler accepted the suggestions of Councillor Stortz as a friendly amendment.
On a motion by Councillor J. Ziegler -
It was resolved:
"That the Kitchener Downtown Business Association (KDBA) contribution of
$10,000.00 per year in each of the next four years be designated for
maintenance of the ice rink within the Civic Square as agreed upon with the
KDBA."
FINANCE AND ADMINISTRATION
COMMITTEE MINUTES- 102 -NOVEMBER 15, 1993
On a motion by Councillor J. Ziegler -
It was resolved:
"That revenues from the sale of advertising on the ice re-surfacer machine,
estimated at $1,000.00-$2,000.00 per year, be directed to Civic Square
Programming."
10.
ADOPTION OF CITY GOALS
The Committee was in receipt of a report and recommendation from Mr. T. McKay dated
November 9, 1993 concerning four goals for the City of Kitchener. By general consent, it was
agreed to defer consideration of this item to the December 6, 1993 Finance and Administration
Committee meeting.
11.
CAUCUS ITEMS
The Committee resolved itself into caucus to consider the balance of its agenda and the regular
meeting adjourned at 2:00 p.m.
12.
NEXT MEETING
The next regularly scheduled meeting of the Finance and Administration Committee will be held on
.
Monday, December 6, 1993
________________________________
G. Sosnoski
Manager of Corporate
Records/Assistant City Clerk