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HomeMy WebLinkAboutFinance & Admin - 1994-05-16FAC\1994-05-16 MAY 16, 1994 FINANCE & ADMINISTRATION COMMITTEE MINUTES CITY OF KITCHENER 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: Councillors B. Stortz, T. Galloway, G. Lorentz, J. Smola, M. Wagner, C. Weylie, J. Ziegler and M. Yantzi. Mayor D.V. Cardillo was in attendance for part of the meeting. Others present: Councillor G. Leadston, Messrs. T. McKay, J. Gazzola, R. Freeborn, R.W. Pritchard, J. Wallace, O. den Ouden, L. Proulx, G. Borovilos, L. Gordon, D. Paterson, D. Snow, J. Panunto, B. Kuntz and G. Sosnoski. STREET PATIO - DANDY'S RESTAURANT Mr. Peter Bardouniotis and Mr. Edward Dyck appeared on behalf of Dandy's Restaurant and in support of their request for permission to open a licensed food court on King Street during the Downtown Sidewalk Sale scheduled for July 13-16, 1994. The Committee was in receipt of correspondence from Mr. Gus Bardouniotis dated May 4, 1994, including a proposed layout. On motion by Councillor B. Stortz - it was resolved: "That subject to the applicant meeting all requirements of the municipality and the Kitchener Downtown Business Association, the City has no objection to the operation of an outdoor patio by Dandy's Restaurant during the Downtown Sidewalk Sale to be held July 13, 14, 15 and 16, 1994 as outlined in the written submission and diagram from Mr. G. Bardouniotis dated May 4, 1994, and further, That the City has no objection to an application by Dandy's Restaurant to the Liquor Licensing Board of Ontario for an extension of its Liquor Licence to the outdoor street patio during the Downtown Sidewalk Sale." CLAIM FOR DAMAGES - Z. JANECKI Mr. Janecki appeared in support of the claim resulting from an automobile accident on the entrance ramp to the City Hall parking garage, which was previously denied by the City's insurance adjusters. The Committee was in receipt of a memorandum from Mr. J. McBride dated May 9, 1994 outlining the City's position, as well as various items of correspondence previously submitted by Mr. Janecki. Additional information was also submitted by Mr. Janecki in the form of an electronic mail message dated October 16, 1993 outlining his concerns over the layout of the entrance to the underground garage. Mr. Janecki referred to Mr. McBride's report and noted that there is no heating of the entrance ramp, which in his opinion was a cause contributing to the accident. He also noted that there is no routine maintenance scheduled during the winter for the interior portion of the entrance ramp, and advised that he had exercised caution in entering the garage on the day of the accident. Mr. Janecki added that his was only one of three vehicles which slid down the ramp just prior to the accident, and that the absence of other reported accidents does not mean there were no other problems on the ramp that date. He referred the Committee to the concerns raised in his electronic mail message dated October 16, 1993. Mr. Janecki offered the opinion that Mr. McBride's comments substantiate his position and suggested that the City was negligent in its maintenance of the garage entrance. Councillor Weylie asked whether the City Hall parking garage is part of a normal maintenance program. She also inquired as to whether the occurrence at issue was an accident or a result of negligence, since the City was not aware of the situation and responded reasonably once the problem was identified. Mr. Wallace offered the opinion that anyone entering the garage should have regard to the known conditions and drive at a safe rate of speed. He suggested that it is difficult to assess whether the City should have known of the conditions on the entrance ramp. Mr. Snow responded that regular salting occurs at the Farmers' Market and Duke Street garages on the basis that these are outdoor facilities. He added that this is the first winter the City Hall garage has operated, noting that there are some heating coils in the entrance platform and that FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 16, 1994 - 45 - CITY OF KITCHENER 2. CLAIM FOR DAMAGES - Z. JANECKI (cont'd.) Security Guards were directed to assess the condition of the ramp and call for salting if required. Mr. Snow advised that salt was only required on the date of the accident and at no other time during the remainder of the winter. Councillor Weylie asked whether this procedure was in place the morning of the accident and Mr. Snow replied in the affirmative. Councillor Yantzi questioned how responsibility could be determined in this instance and Mr. Janecki suggested that the other two drivers involved could be interviewed. Councillor Yantzi added that examination of such a claim is better suited to a trial setting and offered the opinion that he does not feel comfortable in admitting liability under the circumstances. He also noted that the City would be in a vulnerable position if it approves grants for claims that have been denied by its insurance adjusters. On motion by Councillor M. Yantzi - it was resolved: "That no action be taken on the claim for damages by Mr. Z. Janecki arising from an automobile accident on the entrance ramp of the City Hall parking garage." 3. FORMER REGISTRY BUILDING - 122 FREDERICK STREET The Committee was in receipt of correspondence and a recommendation from Councillor M. Wagner dated May 11, 1994 concerning a determination of the best use for the building relative to any proposed lease or sale. Councillor Wagner addressed his report offering the opinion that there should be no consideration of a lease or sale without adequate background information and suggested that an investigation of the building be undertaken and discussed by the Committee at its next meeting. Councillor Wagner offered the opinion that Council should have an opportunity to deal with the disposition of the building, noting that discussion and negotiation by Management has taken place without Council endorsement. He also suggested that Council has not received the information necessary to make a sound business decision, and referred to the importance of the building by virtue of its location and heritage designation. Moved by Councillor M. Wagner - "That no further immediate action be taken regarding the lease or sale of 122 Frederick Street (former Registry Building) pending completion of an investigation into the building's highest and best possible use, with the findings of this investigation to be discussed at the June 6, 1994 Finance and Administration Committee meeting and to include the following: a full report from the Facilities Management Division concerning the physical aspects and present condition of the building, including, the lot size, floor plan and square footage; a full report from the Finance and Legal Departments regarding all financial implications, including, present worth of the building, market value rent or leasing revenue possibilities, taxes, heat and operating costs, and further, That prior to the June 6 meeting a tour of the Registry Building be arranged for Council and Management Committee." Councillor Stortz indicated his opposition to the motion, noting that the building has sat vacant for almost two years and that lengthy discussion have already taken place with the Multicultural Centre as regards a licensing agreement. He suggested that the motion under discussion is intended to delay this agreement to allow an evaluation of the site by the Canadian Curling Association. He also offered the opinion that staff have negotiated in good faith and within their authority, noting that the City already has a policy on the leasing of space to the public and has received a building report. He indicated that he would not wish to see the City lose a viable and active community group as a licensee. 3. FORMER REGISTRY BUILDING - 122 FREDERICK STREET (cont'd.) FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 16, 1994 - 46 - CITY OF KITCHENER Councillor Galloway questioned whether the building might not be a liability in view of the required repairs and modifications. However, notwithstanding these concerns he indicated that he would be happy to have the Multicultural Centre as a tenant, provided the arrangement is also advantageous to the City. Councillor Zehr indicated that it was his understanding staff were to continue negotiations with the Centre and asked for a status report. Mr. McKay replied that the City is awaiting response from the Centre concerning a licensing proposal. Councillor Ziegler indicated his support for the motion on the basis that additional detailed information about the building and its sale or rental value is needed prior to making any decision. Councillor Wagner took exception to a comment suggesting that building is a "white elephant" and read an extract from the heritage designation statement approved by Council. He added that the allegation that he is attempting to delay a licensing agreement for two weeks is absurd given that the City has taken no action on the building in two years. Councillor Stortz stated that he supports the intent of the request, and added that any lease should clearly define the City's obligations as regards the repair and modification of the building. Mr. McKay pointed out that exact figures concerning building improvements may not be available by the next meeting and Councillor Zehr suggested that only a broad range of costs is required. Mr. McKay also indicated that he would arrange for a joint Management Committee/Council tour of the building prior to June 6, 1994. Mr. Proulx added that the Regional Police have also expressed an interest in leasing the premises. The previous motion by Councillor Wagner relative to an investigation into the highest and best possible use of the Registry Building was voted on and CARRIED. Councillor Wagner referred to a recent visit by five representatives of the Canadian Curling Association and thanked the Mayor and staff for their assistance. In response to a question from Councillor Stortz, Councillor Wagner indicated that to the best of his knowledge the Association is interested in making an offer relative to the Registry Building, and referred to the terms of an alternate proposal involving the City of Regina. DRAFT POLICY - MULTIPLE JOBS The Committee was in receipt of a report from Mr. D. Paterson dated May 11, 1994 and the draft policy approved by Management Committee. Mr. Paterson clarified that the policy is intended to apply not only to permanent and temporary full-time employees, but also to part-time employees who may be holding more than one job with the Corporation. It was noted that a grandfathering clause is proposed relative to arrangements which existed prior to the effective date of the policy. Mr. Paterson added that there never has been a formal policy in this regard and the draft before the Committee this date is intended to clarify whether the holding of multiple jobs is acceptable. Councillor Wagner inquired as to how many employees would be affected and Mr. Paterson replied that between 40 and 50 part-time employees presently hold multiple jobs, with the number of full-time employees also holding part-time positions being much less. Councillor Wagner asked for clarification of the "emergency situations" referred to in the policy. Mr. Paterson replied that it was envisioned, given the size and complexity of the organization, that circumstances may occur from time to time which would require exceptions. In this regard, he referred to situations where a part-time person is required for a single event and there are no available staff other than full-time employees. Councillor Yantzi asked why the report indicates the Administrative Services Division does not support the policy. Mr. Freeborn replied that he has concerns over the inequity created by allowing part-time employees to hold multiple jobs and not extending the same privilege to full- time employees, and Councillor Smola supported this position. DRAFT POLICY - MULTIPLE JOBS (cont'd) On motion by Councillor J. Ziegler - it was resolved: "That Council adopt the draft policy on multiple jobs within the Corporation dated May 6, 1994 and appended to the report of Mr. D. Paterson dated May 11, 1994." FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 16, 1994 - 47 - CITY OF KITCHENER FIRE FIGHTER EARLY RETIREMENT INCENTIVE PROGRAM The Committee was in receipt of reports from Mr. R. Freeborn and Mr. J. Panunto dated May 11 and May 10, 1994 in response to the Committee's request for additional information relative to a recent proposal from the Kitchener Professional Fire Fighters' Association. Mr. Freeborn advised that staff are recommending no further action be taken on the additional incentive program proposed by the Association. He noted that the same arguments presented in favour of the program could also be applied to other Unions and would open the door to other incentive proposals from City bargaining units. Councillor J. Smola disclosed a pecuniary conflict of interest and abstained from all voting and discussion concerning the Fire Fighter Early Retirement Incentive Program as his brother would be affected. Councillor Galloway asked whether the retirement of senior Fire Fighters and the corresponding loss of expertise would have an impact on the productivity and efficiency of the Fire Department. Deputy Chief Kuntz replied that this would largely depend on the number of Fire Fighters who accept early retirement and referred to a recent example involving the City of Hamilton. Councillor Galloway voiced his expectation that if Council accepted the incentive proposal it would either phase the program in or put a ceiling on the number of Fire Fighters eligible for early retirement. Deputy Chief Kuntz added that the retirement of senior Fire Fighters would also effect the Department's ability to train new staff. Councillor Zehr noted that a phase-in would also reduce the possible savings to the City. Mr. Freeborn explained the examples costed in Mr. Panunto's report. Mayor D.V. Cardillo and Councillor Leadston entered the meeting at this time. Councillor Ziegler noted the possible savings if the amount of time for a Fire Fighter to advance from Class 4 to Class 1 was increased and asked whether this has ever been recommended to the Province. Mr. Freeborn replied that it has been suggested in the past, but that the present government is unlikely to react favourably to such a suggestion. Mr. McKay pointed out that the same salary classification also applies to the Police Force. Councillor Yantzi indicated that he could not support the program on the basis it is not equitable, nor are the savings sustainable. Councillor Lorentz voiced similar concerns and also suggested that the City should thank the Association for its suggestion and related work. On motion by Councillor M. Yantzi - it was resolved: "That no action be taken on the early retirement proposal of the Kitchener Professional Fire Fighters' Association as presented to the Finance and Administration Committee on April 18, 1994." Councillor J. Smola previously disclosed a pecuniary conflict of interest and abstained from all voting and discussion concerning the Fire Fighter Early Retirement Incentive Program as his brother would be affected. FIRE FIGHTER EARLY RETIREMENT INCENTIVE PROGRAM (cont'd.) Mr. McKay referred to a separate Fire Fighter staffing issue involving two senior members, one of whom is considering early retirement and the other who is on long term disability. He added that the City had argued and received a reduced rate of pay for the two positions which would be implemented once the incumbents retire, and that this presents an opportunity for sustainable savings. Mayor Cardillo indicated that he would like to see this investigated further and Councillor Ziegler suggested a staff report outlining the savings and the future impact on the Department. Councillor Stortz asked whether the Fire Fighters' Association views this as a separate issue apart from the retirement incentive proposal and Mr. McKay replied that this has been acknowledged. FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 16, 1994 - 48 - CITY OF KITCHENER By general consent, it was agreed that a staff report would be prepared in this regard for future consideration. TRAVEL MANAGEMENT SERVICES The Committee was in receipt of a report from Mr. L. Gordon dated May 12, 1994 concerning Management Committee's review of the Corporation's travel arrangements. Councillor G. Lorentz disclosed a pecuniary conflict of interest and abstained from all voting and discussion concerning Travel Management Services as his sister is employed by the one of the agencies which responded to the City's request for proposal. Mr. Gordon explained that staff identified yearly travel expenditures totalling approximately $26,000.00 with the majority of these involving airfare and hotel accommodation directly associated with conferences. He noted that when these costs are removed there appears to be little benefit to the City entering into an agreement for travel services. Councillor Ziegler questioned whether the City has standards relative to the price of hotels used by employees and Members of Council. Mr. McKay replied that reduced hotel rates are generally negotiated by conference sponsors. Councillor Ziegler referred to a disparity in the amount of money recently spent on accommodation by two Council Members. By general consent, the Committee supported the position of Management Committee that no further action should be taken with respect to an agreement for travel services as the benefit to the municipality would be minimal. CAUCUSITEM The Committee resolved itself into caucus at 12:25 p.m. to consider its agenda. NEXT MEETING The next regularly scheduled meeting of the Finance and Administration Committee will be held on Monday, June 6, 1994. ADJOURNMENT On motion, the regular meeting adjourned at 12:25 p.m. G. Sosnoski Manager of Corporate Records/Assistant City Clerk