HomeMy WebLinkAboutFinance & Admin - 1996-01-08FAC\1996-01-08
JANUARY 8, 1996
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 J. Ziegler with the following members present: Mayor R. Christy, Councillors
T. Galloway, G. Lorentz, K. Redman, Jake Smola, John Smola, B. Vrbanovic, M. Wagner and M. Yantzi.
Other present:
Mrs. J. Koppeser, Ms. L. Pasternak, Messrs. T. McKay, J. Gazzola, T. McCabe, J.
Shivas, L.F. Parkhouse, R. Arnot, B. Stanley, R. Mattice and G. Sosnoski.
1. KITCHENER DOWNTOWN BUSINESS ASSOCIATION - 1996 OPERATING BUDGET
The Committee was in receipt of the Budget as approved by the KDBA Board of Directors and
appended to correspondence from Ms. N. Brawley, Executive Director, dated December 13, 1995.
Ms. Brawley was also in attendance to answer any questions.
On a motion by Councillor M. Yantzi -
It was resolved:
"That Kitchener Council approve the 1996 Operating Budget of the Kitchener Downtown
Business Association as submitted by N. Brawley, Executive Director, on December 13,
1995."
APPOINTMENTS - COUNCIL COMMITTEES
The Committee was in receipt of two reports from L. Parkhouse dated January 2, 1996
recommending appointments to the Dangerous Dog Appeal Committee and Kitchener Housing
Inc.
On a motion by Councillor M. Wagner -
It was resolved:
"That Dr. James D. Currie be appointed as the alternate Veterinarian on the Dangerous
Dog Appeal Committee, and further,
That this appointment be for a term of one (1) year, expiring November 30, 1996."
-and-
"That Mr. Fred Bishop be appointed as a Resident Director of Kitchener Housing Inc., and
further,
That this appointment be for a term of three (3) years, expiring November 30, 1998."
Councillor Galloway requested that the Legal Department report on recent legal proceedings
involving a dog known as "Ray" who was previously designated as potentially dangerous by the
City's Dangerous Dog Appeal Committee. Councillor Galloway expressed concern over the
amount of time and resources which have been expended to date during various appeals and
questioned whether any changes could be made to the current process which would avoid this in
future. He specifically asked that the report take a retrospective look at the issue, the Dangerous
Dog By-law and the current procedures.
In response to a question from Councillor Ziegler, Ms. Pasternak advised that at present there is
no route of appeal in the City By-law and that the dog owner has recourse to a judicial review
through the General Division Court. It was noted that under the circumstances there appears to
be no way of avoiding a court appeal. Councillor Lorentz referenced similar appeals relating to
property standards issues and questioned whether the City is wasting its time by offering an
appeal option if the final decision is in the hands of the courts. Councillor Jake Smola questioned
whether the Dangerous Dog Appeal Committee is necessary and asked that this be addressed in
the report from the Legal Department. He also questioned whether the appeal
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CITY OF KITCHENER
APPOINTMENTS - COUNCIL COMMITTEES (CONT'D)
option to the Committee unnecessarily prolongs the process. Councillor Yantzi commented that
exercising due process has a cost, but there is an issue of fairness which must be addressed. He
suggested that the overall issue be looked at in the context of longer term benefits and costs as
opposed to focusing on this particular case alone. Councillor Ziegler added that it is also possible
that the case involving "Ray" may prevent or otherwise deter such incidents in future.
The Committee generally agreed to the request of Councillor Galloway that the Legal Department
prepare a report addressing the concerns and questions raised this date.
PUBLIC LIAISON COMMITTEE - SAFETY-KLEEN CANADA INC.
The Committee was in receipt of correspondence from D. Maclntyre, Facility Manager, Safety-
Kleen, dated December 4, 1995 requesting appointment of a City representative and two
Kitchener resident representatives to the Public Liaison Committee in accordance with a condition
of a recent Certificate of Approval from the Ministry of the Environment involving an increase in the
capacity of the Breslau re-refinery.
Councillor Jake Smola put forward a motion appointing Councillor B. Vrbanovic as the City's
representative and directing that a public advertisement be placed for the two resident positions on
the Liaison Committee.
Councillor Lorentz questioned why the City should incur the cost of placing an advertisement in
order to fulfill a condition applied to Safety-Kleen's Certificate of Approval. Councillor Jake Smola
accepted, as a friendly amendment, a suggestion by Councillor Ziegler that staff discuss with
Safety-Kleen, the appropriateness of their paying for any advertising costs.
On a motion by Councillor Jake Smola -
It was resolved:
"That Councillor B. Vrbanovic serve as the City's representative on the Public Liaison
Committee for Safety-Kleen, and that an advertisement be placed for two Kitchener
resident members, and further,
That staff discuss with Safety-Kleen the appropriateness of their paying any costs incurred
by the City in advertising for the two Kitchener resident members."
WAIVING OF LICENCE FEE - DOON HERITAGE CROSSROADS
The Committee was in receipt of a report from J. Koppeser dated December 27, 1995
recommending against approval of a request from Doon to waive fees in conjunction with a
planned vendor distribution of seeds and gardening products.
Moved by Councillor T. Galloway -
"That Council grant the request of Doon Heritage Crossroads to waive the required
licenses for a show referred to as "Seedy Saturday" to be held on February 24, 1996."
Councillor Vrbanovic questioned the appropriateness of waiving licence fees in this instance as
the organization is allowing vendors to keep the proceeds as opposed to selling products in aid of
a charity. Councillor Wagner responded that Doon Heritage Crossroads is a Regional
organization, and suggested that the City should support such initiatives which increase the
visibility and use of the facility. He also noted that there is very little mark-up on products of this
type and that he supports a waiving of the fee under the circumstances. Councillor Redman
indicated that she would support charging the $500.00 fee, provided it is shared by all vendors at
the event.
WAIVING OF LICENCE FEE - DOON HERITAGE CROSSROADS (CONT'D)
The previous motion by Councillor T. Galloway to waive the licence fee applicable to the "Seedy
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Saturday" event at the Doon Heritage Crossroads was voted on and Carried.
BREAK-OPEN TICKETS -WISH KIDS FOUNDATION
The Committee was in receipt of a report from J. Koppeser dated December 27, 1995 in response
to a request from the Foundation for an exemption to the existing Council Policy which indicates
that an organization must have a physical presence in Kitchener to be licensed to sell break-open
tickets in the City.
On a motion by Councillor G. Lorentz-
It was resolved:
"That consideration of the request of the Wish Kids Foundation for permission to sell break-
open tickets at a local variety store be deferred and referred to the January 22, 1996
meeting of the Finance and Administration Committee to allow T. Hurlbut, Executive
Director, to attend with the organization's financial statements in order to answer various
questions arising from the request."
RAFFLE LOTTERY - FRIENDS OF JOSEPH SCHNEIDER HAUS
The Committee was in receipt of a report from J. Koppeser dated January 2, 1996 concerning a
request to hold a raffle. It was noted that though considered to be a non-profit organization, the
Friends of Joseph Schneider Haus are not registered as such.
On a motion by Councillor M. Wagner -
It was resolved:
"That Council grant the request of the Friends of Joseph Schneider Haus for permission to
hold a raffle lottery in the City of Kitchener from February 11, 1996 to December 6, 1996."
COUNCIL POLICY - COMMITTEE APPOINTMENTS
The Committee was in receipt of extracts from the November 27, 1995 Special Council minutes
containing proposed amendments to the policy concerning the residency requirement for
committee appointments, and the procedure for waiving the restriction on the number of years an
individual can serve on the same committee.
On a motion by Councillor M. Wagner -
It was resolved:
"That regarding appointments to special committees, boards and commissions, and
excepting those which are legislatively controlled, Council adopt a formal policy whereby an
individual must either reside, work, or own property in Kitchener to be eligible for
appointment."
The Committee then considered Council Policy 1-60 which indicates that lay appointments to
individual special committees, boards and commissions shall be for a maximum term of six
consecutive years, and that any deviation from this direction must be with the unanimous approval
of all members of Council present at the time the vote is taken. Councillor Ziegler suggested that
the current policy be amended to allow for an extension of the term beyond six years with the two
thirds majority vote rather than the unanimous agreement currently required. Mr. Pritchard
clarified that historically any two thirds majority vote of the present Council requires eight
members.
COUNCIL POLICY - COMMITTEE APPOINTMENTS (CONT'D)
On a motion by Councillor M. Wagner -
It was resolved:
"That Council Policy 1-60 (Appointment of Lay Members - Length of Service) be amended to
delete the requirement for unanimous approval and substitute in its place a majority vote of
FINANCE & ADMINISTRATION COMMITTEE MINUTES
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10.
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two thirds of the members of Council relative to an appointment to the same special
committee, board or commission beyond the current maximum of six consecutive years of
service."
MEETING DATES - 1996 OPERATING BUDGET REVIEW
Councillor Ziegler referred to a staff proposal involving cancellation of the January 10, 1996
Budget meeting. The agenda for the January 10, 1996 meeting would then be used on January
15, 1996.
On a motion by Mayor Richard D. Christy -
It was resolved:
"That the Special Budget meeting of the Finance and Administration Committee scheduled
for January 10, 1996 be cancelled and that the first such meeting be on January 15, 1996,
the second on January 19, 1996, with the Finance Department to identify a third meeting
date for use if required."
Councillor Ziegler asked that the Clerk notify the delegations who had planned to attend the
January 10, 1996 meeting.
OTHER BUSINESS - BILL 26
Councillor Jake Smola questioned whether Kitchener Council should take a position relative to the
Province's omnibus Bill 26. Mr. McKay commented that the Bill is both lengthy and extensive in
scope and that to date he has only reviewed part of it; namely, Schedule M. He also noted that
Association of Municipalities of Ontario supports this section of the Bill. Mayor Christy noted that
certain sections require clarification and that he has a particular concern over Section 209. He
also noted that the health components of the Bill also require careful consideration. Councillor
Galloway replied that he will raise the hospital issues under Bill 26 at an upcoming meeting of the
Kitchener-Waterloo Hospital Board of Trustees and report to Council if there are significant
ramifications.
On a motion by Councillor G. Lorentz -
It was resolved:
"That the Council of the City of Kitchener endorse the position of the Association of
Municipalities of Ontario with regard to Bill 26, as presented to the Standing Committee on
General Government."
MODIFICATIONS TO THE WARD SYSTEM
The Committee was in receipt of a report from the staff committee including Dr. Robert J. Williams
of the University of Waterloo, charged with addressing modifications to the existing Ward system.
The report contains three options involving the number of Wards and various boundary
adjustments; namely, an 8 Ward, a 10 Ward and a 12 Ward configuration.
Mr. Pritchard introduced Dr. Williams and the other members of the staff committee and noted that
if Ward boundaries are to be adjusted for use in the 1997 election, an approval request must be
filed with the Ontario Municipal Board no later than September of 1996. Mr. Pritchard also noted
that the committee had considered various scenarios, some of which were discarded, and that
those submitted this date are considered to be the best.
MODIFICATIONS TO THE WARD SYSTEM (CONT'D)
Dr. Williams reviewed the report, outlining the process and the criteria used in arriving at the
various Ward configurations. He noted that wherever possible the committee tried to respect
planning communities when determining Ward boundaries. Dr. Williams further noted that the
committee is relatively certain as to the number of eligible electors in each of the Wards identified
up until the year 2005. He stressed that the options have been developed to allow the electorate
to grow into the revised Wards as opposed to growing out of them, and that the committee feels
that these boundaries can be used for the next three elections. He noted that the development of
Ward boundaries should ensure the homogeneity of population subgroups, but that this does not
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readily lend itself to Kitchener's circumstances and as a result most of the Wards include a mix of
housing types. Dr. Williams also noted that in some cases there are significant impacts in
individual Wards, and he encouraged members of Council to put aside individual interests when
discussing the overall Ward boundary options.
Dr. Williams pointed out that the staff committee is the least satisfied with the 12 Ward system, as
the number created difficulties in the use of planning communities. He suggested that this
scenario would need more work if it were to be used in obtaining public input.
Councillor Ziegler questioned why, in the various Ward scenarios, there are boundaries on either
side of the Conestoga Parkway, noting that in his opinion this roadway poses a significant barrier
in terms of communities of interest. Dr. Williams acknowledged that the expressway is a barrier in
this regard; however, there was no other way to design the Ward layout and still ensure the proper
numeric rating. Councillor Redman pointed out her concern that grouping the Downtown area into
one ward may be problematic given the complexity and diversity of issues and people. Councillor
Galloway indicated his personal preference toward an 8 Ward system as it shows an intent to
downsize and corresponds to initiatives undertaken with regard to staffing. He also suggested that
the population projections are overly optimistic and referred to a projected 250% growth rate in
one area of his Ward. He argued that this seems unrealistic given the Iow incidence of housing
starts. Councillor Galloway also expressed concern over a single ward comprising the Downtown,
and added that he would not be adverse to some accommodation which reflects the unique
circumstances in this area of the City. He suggested that there should be at least two Councillors
representing the Downtown. Councillor Galloway also suggested that the scenarios put forward
this date should be discussed and then tabled pending the outcome of a discussion of governance
issues at the Regional level.
Mr. Stanley responded that the population figures used derive from Regional population statistics,
and that within the City staff relied heavily on statistics as to the number of people per dwelling.
These figures were then considered relative to the Staging of Development Report, then referred
back to the major projections made by the Region. Councillor Galloway suggested that in this
instance it is a fundamental flaw to base population projections on the Staging of Development
Report and noted that building permits are a better means of gauging growth than planning
submissions. Councillor Yantzi pointed out that there are other ways of reducing the cost of
government than by reducing the number of Wards, and referred to the possibility of a reduction in
Council renumeration to better reflect the part-time status of these positions. Councillor Wagner
stated that in his opinion the real issue involves the number of Councillors required to best serve
the citizens of Kitchener, and that the corresponding Ward configuration would follow. He
indicated that he is immediately prepared to eliminate the 12 Ward scenario. Councillor Vrbanovic
shared the concerns expressed by Councillor Redman regarding the Downtown becoming a single
Ward on the basis of the nature and volume of constituent concerns. He indicated that he does
not support 12 Wards, and also has concerns with the 8 Ward concept which would reduce the
number of decision makers and suggests a movement towards full-time Councillors as a result of
the increased workload, an action which would likely reduce access to public office for those
citizens who are unwilling or unable to fill the position of full-time Councillor.
In response to a question from Councillor Jake Smola, Mr. Pritchard advised of the two previous
occasions when Council approached the electorate concerning the Ward issue. He also stressed
that given the necessary preparatory work, Council would not have until September of this year to
make a final decision. He urged Council to give direction as to how
MODIFICATIONS TO THE WARD SYSTEM (CONT'D)
the Downtown is to be handled, and also whether additional work should be undertaken with
regard to the 12 Ward scenario. In response to a further question from Councillor Jake Smola, Mr.
Pritchard advised that the cost of holding a referendum on the Ward issue in the 1997 election
would be minimal and in the area of $500.00.
Moved by Councillor Jake Smola -
"That no action be taken with regard to further development or consideration of the 12
Ward option developed by the staff committee addressing modification to the City's Ward
system."
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Mayor Christy advised that based on his previous experience, he does not have a problem with a
single Ward in the Downtown comprising both side of King Street, and noted that this also
supports the current initiatives relative to the Downtown core involving its image and economic
viability. Dr. Williams pointed out that each time the staff committee tried to accommodate two
Wards in the Downtown, the resulting changes negatively affected Ward criteria in other areas of
the City. In response to a question raised concerning the timetable for public hearings, Mr.
Pritchard advised that staff have allowed a two to three month period between the time an
advertisement is placed and when public hearings are held. It was noted that the latter should
take place in May or June of this year.
Councillor Ziegler reiterated his earlier comments concerning the barrier posed by the Conestoga
Parkway and also pointed out that a section of Highway #8 forms a similar barrier. He suggested
that the staff committee should create an overlay of existing Wards which would assist in
understanding the proposed changes inherent in other Ward configurations. He also noted that
Councillors could perhaps offer valuable input on the nature of communities of interest based on
their experience to date.
The previous motion by Councillor Jake Smola to eliminate the twelve Ward configuration was
voted on and Carried.
Councillor Redman put forward a motion directing the staff committee to develop eight and ten
Ward scenarios involving two representatives in the Downtown for consideration by the Finance
and Administration Committee in February.
Councillor Jake Smola referred to two options regarding public input, the first being a referendum
in the next Municipal election and the second a series of public meetings in 1996. Councillor
Wagner offered the opinion that a referendum is a waste of everyone's time and that public
meetings would be more useful and practical.
Councillor Redman accepted, as a friendly amendment, suggestions by Councillor Ziegler that
staff create an overlay of the existing Ward system and develop scenarios recognizing the barriers
created by the Conestoga Parkway and Highway #8.
The Committee then voted on the motion as amended.
On a motion by Councillor K. Redman -
It was resolved:
"That regarding modifications to the existing City Ward system, the staff committee develop
further scenarios involving two representatives in the Downtown for each of the 8 and 10
Ward options, develop options recognizing the Conestoga Parkway and Highway #8
between Montgomery Road and the Grand River as natural boundaries, create an overlay
of the existing Ward configuration as a means of readily identifying proposed changes, with
all of the preceding available for consideration by the Finance and Administration
Committee in February of 1996."
11.
12.
OTHER BUSINESS - COYOTE DOGS
Councillor Vrbanovic made reference to a coyote dog problem in the area of Zeller Drive, and
concerns expressed by residents over the danger to children. Ms. Pasternak noted that the dogs
are found along the Grand River and the problem involves encroachment upon this area by
adjacent development. She advised that she would need time to discuss the issue with the Grand
River Conservation Authority and the Ministry of the Environment before submitting a report for
consideration. Councillor Vrbanovic requested a staff report as quickly as possible which
indicates appropriate actions in light of the existing City By-law.
NEXT MEETING
The next regularly scheduled meeting of the Finance and Administration Committee will be held on
Monday, January 22, 1996.
13. ADJOURNMENT
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CITY OF KITCHENER
On motion, the meeting adjourned at 12:10 p.m.
........... G. Sosnoski
........... Manager of Corporate
........... Records/Assistant City Clerk