HomeMy WebLinkAboutFinance & Admin - 1996-02-05FAC\1996-02-05
FEBRUARY 5, 1996
FINANCE & ADMINISTRATION COMMITTEE MINUTES
CITY OF KITCHENER
The Finance and Administration Committee met this date, commencing at 10:00 a.m., under the
Chairmanship of Councillor J. Ziegler with the following members present: Councillors T. Galloway, G.
Lorentz, K. Redman, Jake Smola, John Smola, B. Vrbanovic, M. Wagner, C. Weylie and M. Yantzi.
Mayor R. Christy was in attendance for part of the meeting.
Other present:
Ms. L. MacDonald, Mrs. J. Koppeser, Messrs. T. McKay, T. McCabe, J. Shivas, L.F.
Parkhouse, D. Snow, R. Arnot, W. Beck, D. Paterson, C. Ford and G. Sosnoski.
1996 STREET VENDOR BY-LAW
The Committee was in receipt of an information report from J. Koppeser dated January 30, 1996
and a report from R. Arnot dated January 31, 1996, the latter recommending an additional fee for
vending carts operating in City parks and outdoor sports facilities. All six of the current vendors
were invited to attend the meeting this date.
Ms. Eva Wilk appeared and advised that she has been a vendor in Victoria Park for the past five
years. Ms. Wilk stressed the need to establish and maintain a regular clientele and asked that the
existing By-law remain as is and allow current vendors to retain their present locations. In
response to a question from Councillor Redman, Ms. Wilk advised that hotdog vendors have a
capital investment for equipment ranging from $2,500.00 to $7,000.00. She also stressed that
location is very important and that vendors usually prefer to remain in one location over an
extended period of time. Councillor Lorentz asked for comment on the possibility of charging
vendors 1% of their total sales as an alternative to the licence fee of approximately $1,000.00. Ms.
Wilk replied that she would have no problem with a 1% levy on sales.
Councillor Wagner suggested that the provisions in the 1995 By-law should be incorporated in the
1996 By-law, and advised that he does not support the assigning of locations based on an annual
lottery. He also advised that he would not support a 1% levy on vendor sales as in his opinion this
penalizes successful entrepreneurs.
Councillor Wagner put forward a motion that the 1996 Street Vendor By-law be enacted in a form
similar to 1995 with any additional locations to be added by Council on an ad hoc basis. His
motion also included current vendors being given the first opportunity to return to the locations
they presently occupy.
In response to a question from Councillor Jake Smola, Mrs. Koppeser advised that in her opinion
the current fee is reasonable. Councillor Yantzi indicated that he supports a charge based on a
percentage of sales, noting that this amount would fluctuate with weather and sales conditions.
Mr. McKay cautioned against taking any action at this time concerning a vendor charge based on
the percentage of sales as this may be viewed as a municipal sales tax and is possibly prohibited
under Bill 26. Councillor Yantzi suggested that this option be explored this year for possible
implementation in 1997.
In response to Councillor Redman, Mr. Parkhouse reviewed the problem areas cited in Mrs.
Koppeser's report, noting the locations at King Street West in front of the former Goudies building,
King and Gaukel, and Frederick and Otto Streets. He requested direction on the Frederick and
Otto Street location as well as the flower vendor location (adjacent to the City Hall reflecting pool)
and fee. Councillor Redman inquired whether staff would recommend dropping any of the current
locations or not licensing specific vendors, and Mr. Parkhouse replied that from an operational
point of view the location at King and Gaukel Street has been a major problem.
Mr. Richard Hamm appeared as the vendor at one of the problem locations; namely, King Street
West in front of the former Goudies building. He advised that the complaints received by the City
in 1995 concerning operation of the cart by someone other than the owner are
1. 1996 STREET VENDOR BY-LAW - CONT'D
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legitimate. Mr. Hamm pointed out that he owns two carts located in different parts of the City and
requires an employee to operate one of them. He requested that the By-law be amended
to allow someone other than the owner to operate the cart, stressing that a second cart is
necessary to make a living. Mr. Hamm also pointed out that in his estimation it is not fair to allow
Downtown restaurateurs to operate outdoor barbecues under a different set of rules and standards
than street vendors.
Mrs. Koppeser pointed out that if the By-law is amended as suggested by Mr. Hamm, any problem
with the cart would be the responsibility of the owner and not the employee operating it. She also
noted that at present street vendors are not limited to one cart/location on the basis that the carts
are owner operated, and that this would have to be addressed in the context of any by-law
amendment. Councillor Wagner inquired whether the monitoring of vendors and locations by staff
on an ongoing basis is implied or part of the By-law, and Mr. Parkhouse replied that this
requirement is incorporated in the By-law. Mr. Parkhouse also pointed out that one of the two
carts operated by Mr. Hamm is located on private property and the City has no interest in this case
whether it is owner operated.
Councillor G. Lorentz put forward an amending motion so as to limit vendors to one cart on City
property and that this cart does not have to be owner operated. Councillor B. Vrbanovic then put
forward an amendment to the amending motion which would require anyone other than the owner
who is operating a cart on City lands to provide a name, address, telephone number and photo
identification. The amending motions were then dealt with and both were Carried. The
Committee then voted on the following main motion, as amended:
On a motion by Councillor M. Wagner -
It was resolved:
"That Council enact a 1996 Street Vendor By-law similar to that enacted in 1995, with the
current vendors being given the first opportunity to return to the locations they presently
occupy and with any additional locations to be added by Council on an ad hoc basis, and
further,
That the 1996 By-law limit a vendor to one cart on publicly owned land with the option of
having it operated by someone other than the owner provided all requirements in the 1995
By-law relative to "stand-ins" are met."
On a motion by Councillor M. Wagner -
It was resolved:
"That after meetings with the flower vendor who operated a cart opposite City Hall in 1995,
Licensing staff report back to the Finance and Administration Committee concerning an
appropriate licence fee for this location."
2. PARKING - EMPLOYEES OF CITY HALL TENANTS
Councillor Ziegler advised that he has been approached by employees of a City Hall tenant
requesting a similar reduction in the monthly parking rate to that recently extended to City Hall
staff. He also noted that the employees had cited cost and safety concerns associated with offsite
parking as the reasons for the request. Councillor Ziegler suggested that a monthly rate of $40.00
plus taxes be charged for all employees of City Hall tenants.
Mr. Snow noted that of the 199 individuals parking at the City Hall garage, only nine work outside
of the building. Councillor Galloway inquired as to the take-up rate by City staff since the rate
reduction was approved, and Mr. Snow replied that the number of staff using the parking facility
has doubled and is now 44. In response to a further question he indicated that he was unsure as
to the exact number of tenant employees in the building, but suggested it
2. PARKING - EMPLOYEES OF CITY HALL TENANTS - CONT'D
would likely be around 20. Councillor Yantzi suggested that the City look into leasing a block of
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CITY OF KITCHENER
spaces to the tenant at a reduced rate who would then in turn collect the amount from
employees. Mr. Snow replied that this could be likely accommodated from an
standpoint.
operational
On a motion by Councillor T. Galloway
It was resolved:
"That a monthly parking rate of $40.00 plus taxes be implemented relative to the staff of
City Hall tenants wishing to use the City Hall parking garage."
EARLY RETIREMENT INCENTIVE
Councillor Ziegler advised that the Early Retirement Incentive Sub-committee dealing with the
incentive is comprised of himself and Councillors John Smola and C. Weylie. He noted that both
he and Councillor Weylie are in favour of abolishing the incentive, and Councillor John Smola of
retaining it. Councillor Ziegler pointed out that currently only the City of Windsor has a similar
early retirement plan.
Mr. McKay advised that the program has been in place since 1986 and has been continued on a
three year renewal basis with reports to Council at each stage. He pointed out that the purpose of
the program is to allow employees over 55 years of age (Fire Fighters over 50 years of age) to
retire early and receive 5% of accumulated sick leave for each year of early retirement over and
above the normal sick leave payout. Councillor John Smola suggested that the current
arrangement should continue as an incentive if the City wishes to pursue further downsizing. Mr.
McKay added that when last reviewed by the Committee, it was suggested that the total dollar
amount of the payout for both plans should not exceed 70% of the employees salary. Councillor
Galloway indicated that he was uncomfortable debating the matter further without a report on the
historical background of the incentive, but indicated his general support at this time on the basis
that the incentive has served the City well in the past. Councillor Lorentz suggested continuing the
program but reviewing its parameters, and Councillor Redman advised that the Sub-committee
should investigate all options, including capping the payout amount.
Councillor Ziegler stated that the Sub-committee would meet in future with staff and would keep
the Finance and Administration Committee posted on progress. It was agreed at a subsequent
meeting of the Community Services Committee that the next meeting of the Early Retirement
Incentive Sub-committee would be held on February 26, 1996 at 4:00 p.m..
EMPLOYEE SICK LEAVE PAYOUT
Councillor Ziegler indicated that he had raised this issue for discussion and questioned whether
the Committee wished to look at any alternatives to the present arrangement. Mr. McKay provided
background information on the sick leave payout indicating that it has been in existence for
approximately 50 years. He noted that accumulated sick leave is not vested until an employee
has been with the Corporation for five years, after which the unused balance accumulates and an
employee is eligible for a payout upon leaving the Corporation up to a maximum of 50% of their
salary. Mr. Paterson also noted that the payout is a provision in all Collective Agreements.
Councillor Weylie indicated a need for more detail on the current plan and the relationship
between health benefits and the sick leave payout. She asked that all information be provided at
the next meeting of the Early Retirement Incentive Sub-committee. Councillor Ziegler also
requested information on current costs and claims history for the next Sub-committee meeting.
Councillor Jake Smola cautioned that further discussion of employee benefits should take place in
Caucus as employee benefits are a labour relations issue and are in all Collective Agreements.
EMPLOYEE SICK LEAVE PAYOUT - CONT'D
Councillor Wagner expressed his personal interest in knowing whether in the long term, there are
potential savings as regards the sick leave payout in the event this benefit was not extended to
employees hired at a future date. Councillor Ziegler requested information as to the possible
savings and how such a change in the sick leave payout could be implemented. Councillor
Wagner inquired as to the impact of a recent decision by the Centre in the Square
to terminate its sick leave payout. Mr. McKay informed the Committee that grandfathering a
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benefit is still a negotiated item under the Collective Agreement and referred to two separate
components involving a sick leave payout and sick leave coverage itself. He also reminded the
Committee that any projected savings in eliminating the payout would have to assume no increase
in the use of sick days, noting that the reason for putting the program in place was to deter use of
sick days.
KITCHENER TRANSIT PASS REDUCTION
The Committee was in receipt of a referral motion originating from the Environmental Committee
and recommending that City of Kitchener employees who work in the Downtown core be given a
$20.00 reduction on the cost of a monthly Kitchener Transit Pass.
Councillor B. Vrbanovic disclosed a pecuniary conflict of interest and abstained from all voting and
discussion concerning the proposed transit fare reduction as his wife, who is employed by the
City's Information Services Division, could potentially benefit from this initiative.
Councillor Wagner indicated his support of the Environmental Committee recommendation and
asked for a further report on the potential financial impact of extending a transit pass reduction to
all employees working in the Downtown. He also suggested imposing a time limit on this initiative
in order to evaluate the positive or negative impact. He noted that this initiative may be a means of
getting non-transit users to use the bus system. Councillor Ziegler argued that any reduction
should be directed at the general population, not just City employees, as transit service is paid for
by all taxpayers. Councillor Galloway commented in his capacity as the Chairman of the
Environmental Committee, noting that the motion before the Committee is a direct response to the
reduction in the monthly parking rate at the City Hall garage. Councillor Galloway also pointed out
that this reduced parking rate has resulting in additional revenue and the same would likely apply
to the transit pass initiative. He also referred to the possibility of a trial period.
Mr. Beck noted that the $20.00 parking reduction as well as the provision of free parking in the
Downtown can be viewed as subsidizing motorists, and that the concern of Transit is that over time
this will cause people to see transit as a less economical option and this will result in rider loss in
the Iongterm. He referred to a recent initiative involving Mutual Life wherein the company
subsidized employees using the public transit system to discourage use of limited parking
facilities, and suggested that other local industries could be approached on the issue of subsidy.
Moved by Councillor Jake Smola -
"That no action be taken to offer City of Kitchener employees working in the Downtown core
a $20.00 reduction in the monthly cost of a Kitchener Transit Pass."
Mr. McKay stressed that the decision to reduce the parking rate at the City Hall garage was in the
interest of treating all City employees equally as some employees work in outlying locations where
parking is free. He also pointed out that Management Committee did not support the transit pass
reduction before the Committee this date as it is inconsistent.
The previous motion by Councillor Jake Smola to take no action on the proposed monthly transit
pass reduction for City employees was voted on and Carried.
Mayor R. Christy entered the meeting at this time.
ANNUALENERGY MANAGEMENT REPORT
The Committee was previously in receipt of a written report from C. Ford dated January 17, 1996.
Mr. Ford reviewed the Energy Management Program, noting that over the last 16 years the City
has spent approximately $3.2 million on energy management projects and various government
agencies funded the difference to a total expenditure of $4.4 million. Savings to date resulting
from these initiatives total approximately $5.3 million and $13 million in savings are projected to
the year 2005 based on existing projects alone.
Councillor Galloway inquired as to the City's reinvestment policy as regards energy management
savings and Mr. Ford replied that currently all savings are being reinvested and by about the year
2000 the program will be self-sustaining.
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7. VISITING DIGNITARIES
Councillor Weylie requested discussion concerning City funding of visits by dignitaries who are not
invited by Kitchener Council. She referred to an unnamed individual who has recently extended a
number of invitations, noting that in one instance staff of the Mayor's Office were making
arrangements for a visit, an activity which in her estimation should be the responsibility of the
person or organization inviting the dignitary. She suggested the need for a policy in this regard.
Councillor Weylie put forward a motion that the City adopt a policy whereby citizens who invite
dignitaries to visit the City provide an estimate of the cost for consideration by Council.
Councillor Vrbanovic advised that he would not support such a policy as in his view every citizen
has the right to invite dignitaries to visit the municipality. He suggested that as regards budgeting
and the use of City staff, Council could allocate funds in this regard if it wishes to meet with the
invited dignitary, noting that the City should not be expected to pay the cost under any other
circumstances. Councillor Weylie questioned the involvement of the Mayor's Secretary in
planning a recent visit and Councillor Vrbanovic responded that the City was not asked to
participate, rather the Mayor's Office chose to do so. Mayor Christy pointed out that it is often
difficult not to get involved in such events when the City Hall is the location of the visit. He further
noted that Mayor's Office staff became involved when it was apparent that all arrangements had
not been made or the necessary protocol observed. He offered the opinion that the critical issue is
for the City to receive notice of the visit. Councillor Galloway suggested that he does not wish to
impose the view of Council on any individual citizen our group within the City, noting that Council
may at its own discretion decide not to participate. Councillor Vrbanovic suggested that if, through
the room booking process, Parks and Recreation staff are aware of a future visit they should
advise the Mayor's Office in this regard.
Councillor C. Weylie withdrew her previous motion concerning a policy on visiting dignitaries
invited by private citizens.
8. OTHER BUSINESS
Councillor Yantzi referred to recent discussions with Downtown churches concerning a grant for a
portion of the cost of purchasing Transit tickets to provide emergency access to bus services. It
was generally agreed that this issue should be placed on an upcoming Community Services
agenda.
Councillor Jake Smola read from a recent article in "Access", a journal of the Ontario Librarians'
Association, concerning the sharing of services with client municipalities. Councillor Ziegler asked
that this item be raised at the February 12, 1996 roundtable meeting, and a copy of the article
circulated in advance.
9. NEXT MEETING
The next regularly scheduled meeting of the Finance and Administration Committee will be held on
Monday, February 19, 1996.
10. ADJOURNMENT
On motion, the meeting adjourned at 12:25 p.m.
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........... G. Sosnoski
........... Manager of Corporate
........... Records/Assistant City Clerk