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HomeMy WebLinkAboutFinance & Admin - 1994-10-03FAC\1994-10-03 OCTOBER 3, 1994 FINANCE & ADMINISTRATION COMMITTEE MINUTES CITY OF KITCHENER The Finance and Administration Committee met this date, commencing at 10:15 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, J. Ziegler and M. Yantzi. Mayor D.V. Cardillo and Councillor C. Weylie were in attendance for part of the meeting. Others present: Councillor G. Leadston, Messrs. T. McKay, J. Gazzola, T. McCabe, T. Clancy, L. Parkhouse, L. Gordon, C. Cooke, R. Wilson, G. Sosnoski, Ms. D. Arnold and Mrs. J. Koppeser. 1. BINGO PRIZE BOARD The Committee was in receipt of a report from Mrs. J. Koppeser dated September 28, 1994 relative to a meeting involving the Mayors and licensing officials of municipalities in the Region. Councillor Zehr reported that no agreement was reached at the meeting concerning setting of a maximum prize board amount, though municipal representatives did agree to be more cooperative in future when establishing these amounts. Ms. Judi Langford appeared on behalf of the Region of Waterloo Swim Club and renewed her earlier request that the bingo prize board be raised to a maximum of $3,000.00 from the current $2,500.00 amount. Mr. Robert Kirck and Mr. Nick Giesler appeared on behalf of St. Aloysious Church, which operates the only church bingo in the City. Mr. Kirck asked that no action be taken to change the current prize board amount, arguing that any increase would have a negative impact on the St. Aloysious bingo and could put them out of business. Mr. James Facey appeared on behalf of the Concourse Charities Bingo Association, representing thirty four charities in Kitchener and Waterloo. He referred to demands placed on the gaming dollar as a result of an increase in the number of bingos, lotteries and other gaming activities, and noted that a $2,500.00 prize board is not as effective for advertising purposes as a larger amount. Mr. Facey noted that larger prize boards may not be appropriate for every group, but would be more attractive for the bingo hall. He recommended consideration of a larger prize board, with a proviso that groups within a gaming hall could use their discretion as to the amount of the prize board awarded. Mr. Max Rausch appeared on behalf of the Kitchener Charities Bingo Palace and on behalf of an association of charities in the community. He suggested that the problem may not be the prize board amount, but rather the number of new bingos and gaming halls. He offered the opinion that there may be too many halls for the number of players, and noted that his own organization has lost money over the past several months, something which has never occurred in its history. He also referred to the increased availability of Nevada Tickets and the recent proliferation of off-track betting facilities. Mr. Rausch suggested that the prize board either be kept at the current $2,500.00 amount or be increased to $3,500.00. Councillor Wagner suggested that the City raise its maximum prize board to match the $3,000.00 amount implemented by Waterloo, after which a method of mutual consultation should be put in place to deal with change requests. Mr. Rausch inquired whether bingos in Waterloo were making any money with a $3,000.00 prize board and suggested that this information should be available before making a decision to increase the Kitchener prize board. Councillor Wagner put forward a motion to raise the maximum prize board amount to $3,000.00, request that the Twin City Committee facilitate development of a binding procedure relative to change requests for bingo prize boards, and recommend that Waterloo Council enact a similar motion of intent. Councillor Ziegler suggested that the maximum prize board should not be increased above the $3,00.00 level, noting that arguments presented this date would suggest that the prize board should not be increased at all. He suggested that in order to prevent a further erosion of bingo profits, the prize board amount could be left as is until the halls indicate their attendance has improved. Councillor Lorentz asked whether Mrs. Koppeser's report was circulated to all charities, and Councillor Zehr replied that all bingo hall associations received copies for FINANCE & ADMINISTRATION COMMITTEE MINUTES OCTOBER 37 1994 - 87 - CITY OF KITCHENER 1. BINGO PRIZE BOARD CONT'D distribution. Councillor Lorentz suggested that a letter be written to every stakeholder asking for their opinion in writing prior to Council making a decision on any prize board increase. Councillor Galloway argued that a $500.00 increase would have little impact on attracting customers, and that such an increase would put some organizations in jeopardy. Councillor Stortz agreed with the comments made by Councillor Lorentz and indicated that charities may not be aware of all of the options, and that some of the smaller ones could be hurt by an increase. Councillor Wagner added that consideration should be given to limiting the number of bingo halls operating in the City. In response to Councillor Lorentz's suggestion that charities be given an opportunity to respond, Mr. Kirck reminded the Committee that this issue was first raised in August of 1993, and any charities having an interest would certainly have responded by now. Mr. Rausch further cautioned against increasing the prize board and then reducing it at a later date. Councillor G. Leadston entered the meeting at this time. Councillor Stortz put forward and then withdrew a motion to defer consideration of an increase in the bingo prize board to the October 17, 1994 Finance and Administration Committee meeting pending further communications with the City of Waterloo and the affected charities, operators and owners. He indicated that he was withdrawing his deferral motion on the understanding that the issue would be referred to the Twin City Committee for comment. The main motion by Councillor Wagner was then voted on and each of the three parts dealt with separately. Moved by Councillor M. Wagner "That the City of Kitchener raise the maximum prize payout for bingos from $2,500.00 to $3,000.00 in order to match the City of Waterloo prize board amount." Motion Lost On a motion by Councillor M. Wagner, It was resolved: "That no action be taken at this time to change the maximum bingo prize board from the current $2,500.00 amount." On a motion by Councillor M. Wagner, It was resolved: "That the Twin City Committee be asked to facilitate development of a procedure, binding upon each municipality, whereby Kitchener and Waterloo would be required to consult one another regarding any proposed future changes to bingo prize boards and place recommendations before their respective Councils, and further, That Waterloo City Council be asked to adopt a similar motion of intent." 2. SMOKING BY-LAW ENFORCEMENT - K-W HOSPITAL Mr. W. Goodall, Director of Building Services, and Ms. Annie Cote-Kennedy, Director of Communications, K-W Hospital, appeared and requested that their security staff be empowered to enforce Chapter 685 (Smoking in Various Areas, Institutions and Businesses) of the City's Municipal Code on Hospital property. Ms. Arnold suggested that the appointment schedule in the Municipal Code could be amended to include selected Hospital staff, with the City prosecuting any infractions on their behalf. Ms. 2. SMOKING BY-LAW ENFORCEMENT - K-W HOSPITAL CONT'D FINANCE & ADMINISTRATION COMMITTEE MINUTES OCTOBER 37 1994 - 88 - CITY OF KITCHENER Arnold further stated that she would require Hospital staff to undergo a training session concerning the laying of charges under the Municipal Code, but otherwise, advised that she does not have a problem with the request. On a motion by Councillor M. Wagner, It was resolved: "That Council grant the request of the K-W Hospital for authority to enforce, on Hospital property, Chapter 685 (Smoking in Various Areas, Institutions and Businesses) of the City's Municipal Code subject to the following: the City of Kitchener amending its schedule of by-law enforcement appointments; and City staff training Hospital staff with respect to proper procedures for laying charges under Chapter 685." 3. DIRECT DEMOCRACY/CITIZEN BASED GOVERNMENT The Committee was in receipt of a report from Mr. R.W. Pritchard dated September 1, 1994 containing additional background information requested as a result of Mr. B. Sniatenchuk's presentation to Council on August 22, 1994. Mr. Boris Sniatenchuk was in attendance and asked that the City first consider whether the Direct Democracy/Citizen Based Government concept would be good for Kitchener and deal with the implementation issues after making this determination. He offered the opinion that Kitchener citizens have little opportunity to comment on proposed legislation prior to enacting and that Direct Democracy/Citizen Based Government would offer a better alternative than attending Committee and Council meetings. It was noted that subject to established procedures, this concept would allow electors the right to petition Council and require them to hold referenda on specific issues or legislation. It would also give electors the right to petition Council to initiate a by-law or by-law amendment on any municipal matter. Mr. Sniatenchuk referred to the cost of holding referendums and noted that based on the example of the City of Rossland, British Columbia, example indications are that referenda would not be held with great frequency. He added that by signing petitions, petitioners would also be indicating that they endorse the expenditure. Mr. Sniatenchuk acknowledged that the Municipal Act does not specifically make provision for such a concept, but questioned whether it disallows the City from enacting a by-law similar to that put in place by Rossland. Mr. Sniatenchuk argued that the proposed concept of government would provide a proactive method of participation, noting that voter turnout at municipal elections is approximately 30%, whereas voter turnout has increased to between 65-70% in Rossland following implementation of Direct Democracy. Councillor Lorentz acknowledged that the concept proposed is interesting, but he noted the difficulty of application in Kitchener given its larger population. He also noted that the City Clerk had estimated the cost of a referendum to be approximately $200,000.00. Mr. Sniatenchuk verified that the cost of holding a referendum in Rossland was $2,500 - $3,000.00. Councillor Yantzi stated that though the concept is appealing, both the cost and the logistics of implementation may make it prohibitive in Kitchener. He also expressed reservations with such a model when applied to decisions where the public good is not readily apparent to all ratepayers. Councillor Wagner asked why Mr. Sniatenchuk had decided to place this request before Council, and he replied that he has an interest in seeing that people are more directly involved in local government. Mr. Sniatenchuk expressed the opinion that there is a Iow level of interest in municipal politics because ratepayers have a limited opportunity to initiate change. Councillor Wagner responded that Mr. Sniatenchuk's reading of electorate indifference could also be interpreted as electorate satisfaction. 3. DIRECT DEMOCRACY/CITIZEN BASED GOVERNMENT CONT'D Moved by Councillor M. Wagner, It was resolved: FINANCE & ADMINISTRATION COMMITTEE MINUTES OCTOBER 37 1994 - 89 - CITY OF KITCHENER "That no action be taken at this time on the request of Mr. Boris Sniatenchuk that the City investigate the feasibility of implementing a model of government called Citizen Based Government/Direct Democracy similar to that presently used by the City of Rossland, British Columbia." Mayor D.V. Cardillo entered the meeting at this time. A general discussion took place concerning the merits of the proposal and various issues were raised, including: the legality of such a concept relative to the Municipal Act; the cost of holding referenda; the possibility of limited discussion of a referendum issue; and the question of whether this matter should be dealt with by the present or the new Council. Mr. McKay advised that the main issue involves whether a referendum is binding on a municipal Council. He pointed out that of the over 3,000 municipalities in Canada, only one has implemented this method of government, and without legislative basis. He suggested that if Council believes binding resolutions are desirable, then a recommendation should be made to the Province to amend the Municipal Act in order to give local governments the authority to institute binding referenda. Councillor C. Weylie entered the meeting at this time. Councillor Wagner argued that what is required is a better form of communication between the City and ratepayers, a better method of obtaining public input and a process whereby Council reacts to this input. Councillor Zehr suggested that at present taxpayers have access to Council and can initiate change. He offered the opinion that a more thorough debate of the issue is required before asking the Province to make legislative changes. The motion by Councillor Wagner to take no action at this time relative to implementation of Direct Democracy/Citizen Based Government was voted on and Carried. On a motion by Councillor J. Ziegler: It was resolved: "That the City of Kitchener requests the Province of Ontario to investigate means (including possible legislative amendments) whereby municipal councils could utilize binding referenda with respect to local government matters, in a manner similar to that outlined in the Constitution By-law (No. 1728) adopted by the City of Rossland, British Columbia, on December 10, 1990." 4. ADMINISTRATION FEE - OVER STREET BANNER INSTALLATIONS The Committee was in receipt of a report from the Chief Administrator's Office dated September 13, 1994 recommending a $25.00 administration fee relative to street banner requests. Moved by Councillor J. Ziegler "That effective January 1, 1995, Council Policy No. 1-760 be amended to provide for a $25.00 charge to be included in fees invoiced by the City's contractor to cover administration costs associated with the scheduling of over street banner requests by the City, and that all monies so collected will be remitted to the City of Kitchener by the contractor on an annual basis." Councillor Wagner indicated that he could not support the recommendation as the banners are often erected for charities and only involve three locations. Councillor Galloway indicated his opposition noting that the City is trying to encourage use, and suggested that the repair of these poles should be the responsibility of the installation contractor. 4. ADMINISTRATION FEE - OVER STREET BANNER INSTALLATIONS CONT'D The previous motion by Councillor Ziegler relative to the charging of a $25.00 administration fee for over street banner installations was voted on and Lost. 5. JOINT APPLICATION - TAX CERTIFICATE/LOCAL IMPROVEMENT INQUIRIES FINANCE & ADMINISTRATION COMMITTEE MINUTES OCTOBER 37 1994 - 90 - CITY OF KITCHENER The Committee was in receipt of a joint report from Mr. R.W. Pritchard and Mr. J. Gazzola dated September 1, 1994 recommending that there be no fee reduction where both of the above inquiries are made in a single letter. On a motion by Councillor M. Yantzi, It was resolved: "That no fee reduction be implemented relative to applications involving both Local Improvement Inquiries and Tax Certificates, where both are requested in a single letter." 6. REFUND - TRANSIENT TRADER LICENCE FEE (M & G MOTORS) The Committee was in receipt of a report from Mrs. J. Koppeser dated September 28, 1994 concerning a refund request relative to a car dealership. On a motion by Councillor G. Lorentz, It was resolved: "That the $500.00 Transient Trader licence fee paid by M & G Motors on June 16, 1993 be refunded." 7. FOOD VENDORS - FESTIVAL OF THE NIGHT The Committee was in receipt of a report from Mrs. J. Koppeser dated September 28, 1994 and a recommendation from Ms. G. Holstead dated September 8, 1994, both concerning permission to sell food adjacent to City Hall during the Festival and a request to waive the licensing fees in this regard. Councillor Ziegler indicated that he could support Ms. Holstead's recommendation with an amendment to indicate that the additional fees would not be waived and that these vendors would be chosen first from existing vendors or restaurateurs in downtown Kitchener. On a motion by Councillor J. Ziegler, It was resolved: "That a maximum of two additional vendors be invited onto King Street and/or the Kitchener Civic Square for the Festival of the Night event to be held December 31, 1994, with such vendors to be first chosen from existing vendors or restaurateurs in downtown Kitchener, and further, That no action be taken on the request to waive the related licensing fees in return for a negotiated sponsorship of the event." 8. KAPS - CHARGES FOR COUNCIL/STANDING COMMITTEE MINUTES The Committee was in receipt of a report from Mr. R.W. Pritchard dated September 28, 1994 recommending various charges for the provision of Council and Standing Committee Minutes. The recommendation arose from an employee suggestion under the KAPS Program. Councillor Ziegler argued that it is inappropriate to deal with additional user fees under the KAPS Program, as these are a form of taxation. He indicated that in his recollection this matter had been dealt with years ago by Council and a decision made to not charge for Minutes. He 8. KAPS - CHARGES FOR COUNCIL/STANDING COMMITTEE MINUTES suggested that notwithstanding this previous decision, any charge should reflect the recovery of costs only and not be used to generate a profit. Councillor Galloway indicated his opposition in principle to the recommendation and suggested that an alternate method of cost recovery should be investigated and that interested members of the public should not be required to pay for Minutes. Councillor Yantzi suggested that it would be appropriate to expect that members of the business community would pay for Minutes. Mr. Parkhouse noted that at present, businesses FINANCE & ADMINISTRATION COMMITTEE MINUTES OCTOBER 37 1994 - 91 - CITY OF KITCHENER account for the majority of Minutes sent out by the City, and referred to a possible dilemma involving the owner of a business requesting Minutes free of charge on the basis that he/she is also one of the general public. Councillor Lorentz questioned whether Minutes would be documents more suitably transmitted through Freenet or Internet applications. Mr. McKay replied that once the community information network is established, Minutes will likely be included. Councillor Wagner agreed in principle with the recommendation but noted that businesses should be charged and individual ratepayers should not. He also suggested that the charges should reflect the actual cost of production and distribution and that these should not be established on a profit making basis. Councillor Ziegler suggested that individual rate payers should receive four sets of Minutes per year free of charge. Councillor Galloway disagreed with limiting the number of free copies to individual citizens. On a motion by Councillor M. Wagner, It was resolved: "That effective January 1, 1995, the following schedule of fees be implemented relative to the provision of Council and Standing Committee Minutes: Annual Charqe (plus GST) Council $75.00 Planning and Economic Development CommitteeS75.00 Community Services Committee $50.00 Finance and Administration Committee $50.00 Public Works and Transportation Committee $40.00 Individual Charqes (including GST) Council Planning and Economic Development CommitteeS 5.00 Community Services Committee Finance and Administration Committee Public Works and Transportation Committee $ 5.00 per set per set $ .25 per page $ .25 per page $ .25 per page That notwithstanding the above, no charge will be made for Minutes provided to government agencies, neighbourhood associations and the press, and any citizen of Kitchener is entitled to receive four sets of Minutes per year free of charge." 9. VOICE MAIL TENDER The Committee was in receipt of a joint report and recommendation from Messrs. L. Gordon, R. Wilson and R. Barton dated September 28, 1994 concerning the awarding of a Proposal for a 400 user voice mail system. VOICE MAIL TENDER Moved by Councillor M. Yantzi "That proposal P94-3, for a 400 user voice mail system, be awarded to Kaynell Enterprises Inc., North York, at their proposed price of $49,295.00 plus GST and PST." Councillor Lorentz indicated that he would not support the recommendation, as in his opinion such a system establishes another wall separating the public from staff. He suggested that this is a step FINANCE & ADMINISTRATION COMMITTEE MINUTES OCTOBER 37 1994 - 92 - CITY OF KITCHENER in the wrong direction and will further frustrate taxpayers. Councillor Wagner indicated his support and noted that the negative features of voice mail will have to be addressed by staff. In addition, he asked for assurances that these would be addressed and overcome. Councillor Wagner indicated that members of Council should be involved in the initial installation and their needs also identified. Mr. Cooke advised that the vendor will discuss use of the system with all staff and members of Council and that one of the reasons for selecting the recommended firm was their demonstrated strength in the area of training. Councillor Ziegler indicated his support for the system provided its use does not frustrate taxpayers, and suggested that general inquiry lines used by the public should be answered in person. Councillor Ziegler questioned why Kaynell Enterprises Inc. was selected, noting that their proposal has an added cost of $19,000.00 over a five year period when compared to other proposals, and suggested that J & D Products should be considered. Mr. Cooke replied that the Call Express system was selected on the basis of its open system relationship, and also because it is deemed to be more reliable than other products. He clarified that the system recommended is not the most costly, and noted that the best solution was considered too expensive. Mr. Cooke added that the system operates on a familiar PC based environment and Information Services is hoping to provide a higher level of internal support and thereby reduce costs. He also added that the Octel system put forward by J & D Products is not as reliable as the system recommended. The previous motion by Councillor Yantzi to adopt the staff recommendation and accept the Kaynell Enterprises Inc. proposal was voted on and Carried. 10. NEXT MEETING The next regularly scheduled meeting the Finance and Administration Committee will be held on Monday, October 17, 1994. 11. ADJOURNMENT On motion, the meeting adjourned at 1:05 p.m. G. Sosnoski Manager of Corporate Records/Assistant City Clerk