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HomeMy WebLinkAboutFinance & Admin - 1994-05-02FAC\1994-05-02 MAY 2, 1994 FINANCE & ADMINISTRATION COMMITTEE MINUTES CITY OF KITCHENER The Finance and Administration Committee met this date, commencing at 11:00 a.m., under the Chairmanship of Councillor B. Stortz with the following Members present: Mayor D.V. Cardillo, Councillors T. Galloway, G. Lorentz, J. Smola, M. Wagner, C. Weylie, J. Ziegler and M. Yantzi. Councillor C. Zehr was in attendance for part of the meeting. Others present: Councillor G. Leadston, Messrs. T. McKay, R.W. Pritchard, J. Gazzola, J. Shivas, D. Kerr, K. Tribby, G. Sosnoski, Ms. L. MacDonald, Ms. D. Arnold, Ms. B. Newell and Mrs. J. Koppeser. 1. CHAPTER 450 (NOISE) - CITY MUNICIPAL CODE The Committee was in receipt of a report from Ms. D. Arnold marked "Private and Confidential" and dated April 26, 1994. By general consent, it was agreed to deal with this item at the caucus meeting scheduled this date. 2. CLAIM FOR DAMAGES The Committee was in receipt of the following items of correspondence submitted by Mr. Zyg Janecki: covering letter (April 18, 1994) outlining the claimant's position; original claim for damages (February 14, 1994); motor vehicle accident report (February 9, 1994); letter from Mr. J. Croth, Adjusters Canada (April 6, 1994) denying City liability; autobody repair estimate (February 9, 1994). Mr. Z. Janecki appeared in support of his claim and explained the circumstances surrounding an accident which took place on the entrance ramp at the City Hall parking garage. He noted that his claim for vehicle damage was subsequently denied by the City's insurance adjusters, with no explanation. Mr. Janecki contested that the adjuster's investigation was incomplete, noting that there was no followup interviews with the other drivers involved. He added that he had previously expressed concern over the layout and maintenance of the entrance ramp, and alleged that there was no winter maintenance of the ramp as was previously the case at the garage adjacent to the former City Hall. Mr. Janecki offered the opinion that the City was totally negligent in not properly maintaining the ramp during icy conditions and asked that he be reimbursed for repair costs totalling $612.00. In response to a question from Councillor Yantzi, Mr. Janecki advised that he had found no evidence of salting or sanding on the ramp, and pointed out that on the date of the accident, the ramp was unusually slippery. Councillor Ziegler inquired as to why the garage doors are not kept closed during the day to insure that the ramp is heated in winter, as is the case with the Region of Waterloo parking garage. Mr. McKay replied that he was not sure why the doors are kept open as it was his understanding they would be closed, but suggested that it may be that the City Hall garage is more of a public facility. Councillor Weylie asked whether Mr. Janecki had approached his insurer and he replied that any such claim would involve payment of the deductible amount and that he was approaching the City as a matter of principle. Councillor Weylie inquired whether there is an existing policy for maintenance of the ramp and whether it had been followed. Mr. McKay suggested that the matter be referred to staff for a report from the Manager of Parking Operations and Traffic Planning. Councillor Wagner drew a parallel between the condition of the entrance ramp and a City intersection during adverse weather conditions, noting that wet or icy pavement should suggest more than usual caution. Mr. Janecki replied that the lighting of the garage entrance is such that a vehicle is already on the ramp before conditions can be assessed, and added that there was nothing on the ramp outside the garage to warn of the conditions inside the building. On motion by Councillor M. Wagner - it was resolved: "That staff prepare a report in response to questions and concerns raised at the May 2, 1994 Finance and Administration Committee meeting with respect to a claim for damages submitted by Mr. Z. Janecki, and further, 2. CLAIM FOR DAMAGES (cont'd.) FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 2, 1994 - 40 - CITY OF KITCHENER That said report be submitted for consideration at the May 16, 1994 Finance and Administration Committee meeting and include reference to the procedures followed in maintaining the entrance ramp to the City Hall parking garage both before and after the occurrence outlined in the claim, as well as any legal responsibilities in this regard." 3. AMENDMENT TO ENCROACHMENT AGREEMENT - 39 MISTY STREET The Committee was in receipt of two items of correspondence from Mr. Stephen Kay, Kay, Reisler, dated April 25, 1994 concerning an encroachment on a City sewer easement. Mr. Kay appeared on behalf of the vendor of 39 Misty Street to request an amendment to the existing standard form Licensing Agreement which would allow a .57 metre encroachment in perpetuity relative to the building and concrete foundation. He also asked for acknowledgement that in the event the building is destroyed by fire the structure can be rebuilt on the existing foundation. Mr. Kay explained that a 5 metre sewer easement is split between his client's property and the adjoining property, and under the terms of the present Agreement the City can require the owner to move the encroaching structure within 90 days of receiving notice. He added that in addition to the foundation encroachment a deck constructed at the rear of the building also intrudes on the easement and asked for an additional Licensing Agreement to permit the encroachment. Ms. MacDonald advised that the Legal Department is suggesting a new Agreement to waive the 90 day clause and exempt the foundation in perpetuity, which is supported by the Public Works Department. However, she cautioned against removing the standard clause in all such agreements relating the reconstruction of buildings which have been substantially destroyed. In response to a question from Councillor Ziegler about the possibility of shrinking the easement, Ms. MacDonald advised that this is not recommended as it would require a new reference plan and could result in the City being responsible for damages which occur to a building as a result of work undertaken within the easement. Councillor Ziegler put forward a motion recommending that the City enter into a new Licensing Agreement involving removal of the 90 day clause and allowing an encroachment by the building and foundation for its life. Mr. Kay asked for clarification as to what the City would do in the event the building was destroyed by fire and Councillor Ziegler replied that it is unlikely the City would ever recommend destroying a serviceable foundation. Mr. Kay reiterated the concerns expressed by the potential purchaser of 39 Misty Street and Councillor Ziegler indicated his willingness to amend the motion to allow the purchaser to rebuild on the existing foundation. Ms. MacDonald cautioned that this is the first time Council will have agreed to such an arrangement and will be setting a precedent. She also pointed out that the existing Encroachment Agreement has to be released and referred to the related cost as well as the cost of registering the new Agreement. In response to further comment from Mr. Kay, Councillor Ziegler advised that the motion is also to include the request relative to encroachment by the existing rear deck. On motion by Councillor J. Ziegler - it was resolved: "That the Mayor and Clerk be authorized to execute a new Licensing Agreement with the registered owners of Part Lot 11, Registered Plan 1719 (39 Misty Street) to permit a portion of the building, the concrete foundation and the rear deck to encroach .57 metres, more or less, onto a sewer easement, and, That the encroachment be permitted for the life time of the building, with no standard 90 day termination clause, and in the event of demolition or destruction the registered owners be permitted to build on the foundation, provided it is sound and capable of supporting the structure, and further, 3. AMENDMENT TO ENCROACHMENT AGREEMENT - 39 MISTY STREET (cont'd.) That the above Agreement is to replace the previous Agreement registered as Instrument FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 2, 1994 - 41 - CITY OF KITCHENER No. 1105468, with the registered owner responsible for the cost of releasing Instrument No. 1105468 and registering the new Agreement." Councillors G. Leadston and C. Zehr entered the meeting at this time. VISION FOR KITCHENER WORKSHOP The Committee was in receipt of a report from Ms. B. Newell dated April 27, 1994 requesting endorsement of material related to the upcoming Vision Workshop. Mr. McKay reviewed activities to date, noting a decision to proceed with a public input process. He referred to several options in this regard undertaken by other municipalities and advised that staff are proposing a draft Vision statement for comment by the public on the basis that it is easier for people to respond to a draft than to offer suggestions in isolation. Ms. Newell outlined the proposal for a one day workshop, noting that invitations and information packages would be sent to special interest, non-profit, community, government and business groups. She pointed out that other ratepayers would be invited to attend through a newspaper advertisement. Ms. Newell also informed that a survey questionnaire designed to solicit comment on the strengths and weaknesses of the City would be mailed out, with this input being analyzed prior to the public meeting. Mr. McKay referred to the draft Vision statement summarized in the brochure circulated with the agenda. Councillor Wagner indicated his interest in sitting on any Committee involved with the visioning process and Councillor Lorentz added that this may be of interest to all Members of Council. Councillor Zehr indicated that he strongly endorses the visioning process. Mr. McKay pointed out that the visioning exercise will be undertaken at a cost of between $15,000.00 and $20,000.00 as opposed to the $400,000.00 amount recently spent by the City of Brampton. On motion by Councillor M. Wagner - it was resolved: "That Council endorse the material appended to the memorandum from Ms. B. Newell dated April 27, 1994 pertaining to the proposed Vision for Kitchener Workshop." CAUCUS MEETINGS Councillor Stortz advised of a note from the K-W Record requesting the Committee's rationale for discussing enforcement of the Noise By-law in camera. He referred to several extracts from the report of Ms. D. Arnold dated April 26, 1994 which was marked "Private and Confidential" and circulated to Council under separate cover. Councillor Stortz argued that given the contents of the report such a discussion would be authorized under the Municipal Act. Councillor Zehr expressed concern over the discussion of this item in camera and suggested that staff should present their concerns relative to privacy and confidentiality in caucus, and if further discussion in the absence of the public is not warranted, the issue will be dealt with in open Committee. Councillor Galloway argued that there is no reason the issue cannot be discussed at a public meeting as the report does not deal with a specific enforcement case. Ms. Catherine Thompson, Municipal Reporter, K-W Record, suggested that only three areas of discussion can take place in caucus, namely, those involving property, personnel or litigation. She added that since no cases before the courts involving this issue it should be discussed in an open meeting as the community has a general interest in noise complaints. She stressed that in her opinion Council has a legal obligation to limit the items it discusses in camera. Councillor Zehr indicated that he agrees whole heartedly with the comments made by Ms. Thompson. CAUCUS MEETINGS (cont'd.) Mr. Shivas pointed out that Council is at liberty to discuss in caucus more than the three items referred to by the delegation. He added that enforcement of the by-law could constitute litigation, and that the report in question contains legal advice. He agreed, however, that broad policy issues should be dealt with in a public forum. Councillor Yantzi indicated his willingness to hear in FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 2, 1994 - 42 - CITY OF KITCHENER caucus any argument staff may have for discussing the entire issue in camera. Councillor Stortz argued that any public discussion could potentially limit the City's ability to enforce the by-law. Councillor Ziegler pointed out that he had initially requested discussion of this item, and suggested that it is not in the public interest to discuss in open Committee any weaknesses in the by-law or any specific enforcement procedures. He suggested that these should be discussed in caucus and once a decision has been made the public should be informed. Councillor Zehr inquired how the report under discussion relates to the principle of solicitor-client privilege. Mr. Shivas replied that Council, as the client, has the right to waive any privilege claimed by solicitors acting on its behalf, and added that lawyers try to protect their clients where they are of the opinion that privilege should apply. CAUCUSITEMS The Committee resolved itself into caucus at 12:10 p.m. and reconvened at 12:30 p.m. Councillor C. Zehr assumed the Chair. On motion by Councillor J. Ziegler - it was resolved: "That Council waive solicitor-client privilege as it relates to the contents of a private and confidential report from Ms. D. Arnold dated April 26, 1994 concerning enforcement of the Noise By-law, and in so doing indicate that it is no objection to this document being released to the Press." NOISE BY-LAW ENFORCEMENT Councillor Ziegler asked that as an alternative to including enforcement procedures in the by-law, staff prepare a written guideline for distribution to the public which would address how to make a complaint, how complaints are processed and what the complainant can do to assist the City in obtaining a conviction. Moved by Councillor J. Ziegler - "That staff prepare a guideline for City residents, outlining the noise complaint process, what a complainant can expect from the process and how he/she can assist the City in obtaining a conviction." In response to a question of clarification from Councillor Ziegler, Ms. Arnold explained that at present the City has two Noise By-laws, with staff and police having ticketing privileges under only one of them. She added that parking enforcement staff do not currently enforce the Noise By-law. Councillor Ziegler questioned whether it would be feasible to use parking staff in this regard and Mr. McKay replied that this has been discussed and that the police will not provide backup, but will train staff on how to proceed in responding to noise complaints. Councillor Ziegler asked that a future staff report address the issue of using parking enforcement staff to issue tickets under the Noise By-law. Councillor Wagner offered the opinion that ratepayers are interested in the City taking quicker action on noise complaints rather than receiving more information. He added that they do not want unreasonable enforcement delays and would like a faster conviction process. Mr. McKay offered the opinion that the City will never be able to meet public expectations in this regard without better enabling legislation from the Province. The previous motion by Councillor Ziegler directing staff to prepare guidelines relative to the noise complaint process was voted on and CARRIED. CHAPTER 530 (DOGS) - CITY MUNICIPAL CODE On motion by Councillor J. Ziegler - it was resolved: "That Chapter 530 (Dogs) of the Municipal Code be amended so that an owner of three or more dogs is no longer entitled to relief under the grandfathering provision unless the animals are properly licensed." FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 2, 1994 - 43 - CITY OF KITCHENER 9. ELECTION OF NATIONAL BOARD OF DIRECTORS - FEDERATION OF CANADIAN 10. 11. 12. MUNICIPALITIES (FCM) Councillor Weylie asked that Council endorse her application for membership on the National Board of the FCM and asked that the City indicate whether it is willing to pay the associated Board meeting costs in the event she is elected. In response to a question from Councillor Zehr, Mr. McKay indicated that costs of $1,200.00 to $1,500.00 annually are anticipated based on four meetings per year, some of which will be out of Province. On a motion by Mayor D.V. Cardillo - it was resolved: "That Kitchener City Council hereby endorses the application of Councillor Christina Weylie for membership on the National Board of Directors of the Federation of Canadian Municipalities, and that upon election, agrees to pay any costs associated with her attendance at Board meetings." OTHER BUSINESS Councillor Zehr referred to a memorandum from Mr. L. Gordon dated April 28, 1994 concerning further Continuous Improvement Process savings in the Purchasing Division. He noted that the report indicates the Division is completing 50% fewer purchase orders for a savings of approximately $50,000.00 and undertaking more co-operative purchasing ventures for a further savings of between $60,000.00 and $200,000.00. Councillor Zehr agreed to provide Members of Council with copies of the memo. NEXT MEETING The next regularly scheduled meeting of the Finance and Administration Committee will be held on Monday, May 16, 1994. ADJOURNMENT On motion, the meeting adjourned at 12:45 p.m. G. Sosnoski Manager of Corporate Records/Assistant City Clerk