HomeMy WebLinkAboutFinance & Admin - 1996-05-13FAC\1996-05-13
MAY 13, 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 all members of Council present.
Others present: Mrs. J. Koppeser, Ms. V. Gibaut, Ms. L. MacDonald, Messrs. T. McKay, J. Gazzola,
B. Stanley, T. McCabe, T. Clancy, J. Hancock, J. Shivas, R. Mattice, D. Paterson, R. W. Pritchard and G.
Sosnoski.
1996 SIDEWALK PATIO - THE STRAND (185 KING STREET WEST)
The Committee was in receipt of a layout plan from John MacDonald Architect Inc. dated May 7,
1996. They were also in receipt this date of a revised plan, including building elevations, dated
May 12, 1996.
Mr. John MacDonald appeared on behalf of the owner and in support of the patio proposal for The
Strand. Mr. MacDonald explained the proposal and requested Committee approval noting that in
future the patio may be licensed under the existing LLBO license. He pointed out that the owner
also wishes to sell ice-cream on the patio.
Councillor M. Wagner put forward a motion to approve the plan as submitted. Ms. L. MacDonald
pointed out that the Fire Department has not seen the revised plan circulated this date, and due to
the ice-cream proposal asked that the motion be amended to require their review and approval.
Councillor Wagner accepted the suggestion of Ms. MacDonald as a friendly amendment and the
following amended motion was then voted on.
On a motion by Councillor M. Wagner
it was resolved:
"That Council approve the patio plan and design detailing submitted by The Strand, 185
King Street West, as outlined in the key plan of John MacDonald Architect Inc. and dated
May 12, 1996, subject to the Fire Department reviewing and approving the revised patio
proposal, which includes provision for the vending of ice-cream"
EARLY RETIREMENT INCENTIVE PROGRAM
Councillor B. Vrbanovic disclosed a pecuniary conflict of interest and abstained from all voting and
discussion of the Early Retirement Incentive Program as his wife is employed by the City's
Information Services
An earlier Committee recommendation to adopt Option #2 as outlined in the report of D. Paterson
dated April 19, 1996 was referred back to the Committee meeting this date to hear comment from
the City's Union Locals.
Mr. Brian Siefried appeared on behalf of CUPE Local 68 and indicated that the membership is not
opposed to Option #2. He requested clarification of how an Early Retirement Incentive would be
calculated where all accumulated sick leave has been used by an employee. He pointed out that
presently this circumstance is addressed by a formula, and suggested there is an injustice in
allowing some employees to receive a sick leave payout while at the same time using all of their
sick leave allotment. Mr. Paterson confirmed that the existing arrangement is maintained under
the proposed Option #2. Councillor Weylie suggested that the cash payment should be eliminated
if all sick leave has been used. Mr. Siefried further suggested that this issue had originally been
raised on the basis that it would save the City money and deal with the present inequity. Mr.
Paterson clarified that in some instances sick leave is used entirely by an employee through no
fault of their own, and that the present computation is intended to provide a cash incentive for
Early Retirement that would otherwise not exist. Mr. McKay added that this payout was originally
supported by the Council of the day on the basis that outside workers, due to their work
environment, have a tendency to use up sick leave more readily than other City workers.
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MAY 13, 1996 - 73 -
CITY OF KITCHENER
EARLY RETIREMENT INCENTIVE PROGRAM - CONT'D
Mr. Doug Voisin appeared on behalf of the Kitchener Professional Fire Fighters Association, and
in this regard correspondence from Jack Egers, President, dated May 3, 1996 was circulated. Mr.
Voisin referred to several areas of concern as regards Early Retirement including the loss of
experienced senior fire fighters. He asked for a four month extension of the current Early
Retirement Incentive Program, during which time fire fighters would be required to submit their
intentions, and would have a further eight months to retire. Mr. Voisin suggested that this
arrangement would have a less detrimental impact on the pool of fire fighter experience than a
shorter term retirement horizon which could affect as many as fifteen fire fighters. In response to a
question from Councillor Redman, Mr. Voisin clarified that this request relates only to the fire
fighters and is being made on a one time basis.
Councillor Weylie requested additional information as to the computation for sick leave payout in
instances where all accumulated sick leave has been used. She then put forward, for ratification,
the Committee motion of April 22, 1996 recommending that Council adopt Option #2. She
subsequently accepted, as a friendly amendment, a suggestion by Councillor John Smola that the
current Early Retirement Incentive Program be grandfathered to October 1, 1996 in order to
address the concerns expressed this date by the Kitchener Fire Fighters Association.
The following amended motion was then voted on.
On a motion by Councillor C. Weylie
it was resolved:
"That as regards the future of the Early Retirement Incentive Program, Council adopt
Option #2 (Transition Option) as outlined in the report of D. Paterson dated April 19, 1996,
with the following change: that the termination date for the current Program be October 1,
1996, and further,
That the Program be reviewed at three-year intervals corresponding to the term of each
new Council."
1996 SIDEWALK PATIO - SPORTS CAFE (102 KING STREET WEST)
The Committee was in receipt of a patio sketch plan for the Sports Cafe dated June 30, 1994.
Mr. Anthony Correia appeared on behalf of the Sports Cafe to request approval of the 1996 patio.
Councillor Yantzi noted that the City should be ensured that a sidewalk patio is an enhancement to
the streetscape, and questioned Mr. Correia as to the proposed patio materials. Mr. Correia
replied that at present he favours a fencing material comprised of canvas sheeting draped over the
existing chain link fence, possibly with a business logo imprinted. He advised that to date he has
found no other practical solution within his budget.
Mayor Christy pointed out that approval for this patio was withdrawn in 1995 due to a number of
violations. Mr. Correia responded that these have been addressed and in 1996 both he and his
father will personally oversee the operation of the Sports Cafe, which they are planning to close
earlier than in 1995. Mr. Correia also agreed to ensure that the canvas sheeting is installed over
the chain link fencing prior to the latter being erected. In response to a question from Councillor
Redman, Mr. Correia also acknowledged that he is aware of the other restrictions applying to
sidewalk patios, including the requirement that a sign be posted indicating "no shirt, no shoes, no
service".
On a motion by Mayor R. Christy
it was resolved:
"That Council approve the patio plan and design detailing submitted by the Sports Cafe,
102 King Street West, as outlined in the sketch plan dated June 30, 1994, subject to the
owner using canvas sheeting to cover all chain link on the proposed fencing."
1996 SIDEWALK PATIO - BIG CITY DONUTS (24 GAUKEL STREET)
The Committee was in receipt of a patio layout plan dated April 14, 1993, and was informed that
the owner is undecided as to proposed fencing material.
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CITY OF KITCHENER
Mr. Nick Ioannidis appeared on behalf of Big City Donuts to request approval of the patio layout.
He noted that he is thinking of using canvas sheeting to cover the existing chain link fence or
possibly constructing a patio barrier using metal bars.
On a motion by Councillor M. Wagner
it was resolved:
"That Council approve the patio plan and design detailing submitted by Big City Donuts, 24
Gaukel Street, as outlined in the sketch plan dated April 14, 1993, subject to any chain link
material being entirely covered with canvas sheeting."
5. SURPLUS CITY LANDS - VARIOUS
The Committee was in receipt of a report and recommendation from G. Anderson dated April 23,
1996 concerning various small parcels of City owned land.
On a motion by Councillor B. Vrbanovic
it was resolved:
"That the following vacant parcels of land be declared surplus to the City's needs:
a) Part of Biehn's Unnumbered Tract being Part of Part 1, Plan 58R-6355 (Pinnacle
Drive);
b) Part of Lot 55, Registered Plan 34 (Louisa Street);
c) Part of Lot 52, Registered Plan 34 (Louisa Street);
d) Parts of Lots 3, 25, 27, 28 and 29, Plan 82 (Wellington Street);
e) Part of Lot 108, Municipal Compiled Plan 786 designated as Parts 1 and 2, Plan
58R-5983 (Victoria St S);
f) Lot 34, Plan 986 (rear land - Hidden Valley Road), and further,
That the City's Land Purchasing Officer be directed to negotiate agreements of purchase and sale with
the abutting owners, and, alternatively with respect to property "e", as decided by the Land Purchasing
Officer, by newspaper advertisement, real estate listing, or placement of "For Sale" signs, and with each
of the above agreements to be presented to Council for acceptance."
Mr. Shivas advised that a public register of surplus lands is presently being updated so as to
create a comprehensive listing.
6. HUMAN RESOURCES POLICIES
The Committee was in receipt of a report from D. Paterson dated May 8, 1996 and copies of the
proposed policy revisions.
Councillor B. Vrbanovic disclosed a pecuniary conflict of interest and abstained from all voting and
discussion of the Human Resources policies as his wife is employed by the City's Information
Services Division.
In reference to Policy #11-74 (Hiring-Minimum Standards) Councillor Galloway expressed concern
over how the City is adapting its written test requirement to individuals with special needs or
learning disabilities. Mr. Paterson replied that under such circumstances provision has been made
to administer the test one on one, and to provide the test format in alternative
HUMAN RESOURCES POLICIES - CONT'D
languages. He also pointed out that an industrial consultant has been retained to advise staff in
areas involving special circumstances like those referred to by Councillor Galloway. Mr. Paterson
also outlined and explained the need for a procedure to identify and authenticate learning
disabilities. Councillor Galloway questioned whether the written test for entry level positions
recognizes cultural biases, and Mr. Paterson replied that it is intended to be a more neutral test
than the current Grade 12 diploma requirement. Councillor Galloway indicated that he would not
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CITY OF KITCHENER
support Policy 11-74.
As regards Policy 11-52 (Employment of Relatives of Staff Members and Elected Officials),
Councillor Galloway questioned how seasonal part-time employees would be handled who
experienced a change in their family situations which would prevent them from being re-hired. He
offered the opinion that such employees should continue to be re-hired given the circumstances.
Mr. Paterson advised that the Policy recognizes changing family circumstances, and gave his
assurances that each case would be evaluated individually to confirm compliance with the spirit of
the Policy. Councillor Galloway pointed out that under the Policy some full-time positions are
grandfathered; whereas, this is not case with part-time positions. He asked that in the
circumstances referred to, "grandparenting" part-time positions be considered by staff, with a
follow-up report.
Councillor Ziegler enquired as to why Policy 11-52 applies only to senior staff and is not uniformly
applicable throughout the organization. Mr. McKay answered that these are amendments to
existing policies, and that the original Policy applied only to senior staff, presumably as they are in
a better position to influence hiring decisions. Councillor John Smola expressed concern over
Policy 11-20 (Core-Compliment Increase-Temporary), particularly where replacement employees,
hired to fill a position on a temporary basis, are hired full-time if the employee they are replacing
does not return to work. He suggested that this effectively prevents other full-time employees from
posting into the position. Mr. McKay replied that this is not as relevant since the developmemt of
an applicant pool and GATB testing and suggested that the person applying in these
circumstances would be the individual at the top of the GATB list, and not a temporary employee.
In response to a question from Councillor Ziegler on the percentage of earnings as it applies to the
OMERS Pension Plan, Mr. McKay advised that the increase from 5-1/2% to 6% of earnings is
accommodated in the fringe benefit overhead. He added that the change reflects the reality that
the City has traditionally paid at this rate and is not an attempt to enrich OMERS.
Councillor John Smola suggested that members of Council should receive the presentation on the
General Aptitude Test Battery (GATB) previously given to Management Committee, and in this
regard a special session would be arranged for interested members of Council outside of regular
Committee meetings. Councillor Ziegler asked that members of Council be canvassed as to their
interest and a preferred date.
On a motion by Councillor M. Wagner
it was resolved:
"That the following revised Human Resources policies be adopted as outlined in the report
of D. Paterson, dated May 8, 1996:11-12 (Complaints); 11-20 (Core Compliment Increase -
Temporary); 11-24 (Discharge for Cause); 11-28 (Discipline); 11-32 (Documentation); 11-48
(Employee Assistance Program); 11-52 (Employment of Relatives of Staff Members and
Elected Officials); 11-56 (Employment Status Date); 11-64 (Freedom from Harassment); 11-72
(Group Insurance and Pension Plans); 11-80 (Hiring-Selection Disputes); 11-92 (Hours of
Work); 11-100 (Leaves of Absence); 11-104 (Loss of Ministry of Transportation Driving
Licence or Classification); 11-128 (Recognition Program); 11-144 (Salary Administration/Job
Evaluation); I1-176 (Termination Date)."
HUMAN RESOURCES POLICIES - CONT'D
Councillor M. Yantzi put forward a motion to adopt Policy 11-74 (Hiring-Minimum Standards).
Councillor Galloway indicated his opposition on the basis that he is not satisfied GATB takes into
consideration systemic barriers. Councillor John Smola suggested deferring approval of this
policy until a presentation has been made to interested members of Council. Mr. McKay pointed
out that staff are presently using GATB as an administrative standard, and Councillor John Smola
suggested that it would be reasonable to continue applying the tests in the interim.
On a motion by Councillor John Smola
it was resolved:
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MAY 13, 1996
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CITY OF KITCHENER
"That consideration of revised Human Resources Policy 11-74 (Hiring - Minimum Standards)
be deferred to a future meeting of the Finance and Administration Committee pending a
presentation to members of Council on the City's use of the General Aptitude Test Battery
(GATB)."
Councillor Jake Smola indicated his willingness to put forward a motion to defer consideration of
Policy 11-94 (Human Rights/Employment Equity) pending completion of the workforce survey. Mr.
McKay pointed out that the City has no intention of conducting a survey due to recent changes in
Provincial government policy.
A motion by Councillor Jake Smola to amend Policy 11-94 so as to eliminate reference to "women,
visible minorities, first nations peoples of Canada," in favour of the term "non-traditional
candidates" was voted on and LOST. A subsequent motion to eliminate that entire paragraph
from policy 11-94 was also voted on and LOST.
On a motion by Councillor K. Redman
it was resolved:
"That revised Human Resources Policy 11-94 (Human Rights/Employment Equity) be
adopted as outlined in the report of D. Paterson dated May 8, 1996."
NEW POLICY - AGREEMENTS AND CONTRACTS
The Committee was in receipt of a report and recommendation from R. W. Pritchard dated May 8,
1996.
On a motion by Councillor John Smola
it was resolved:
"That proposed Policy 1-153 relative to the enhancement, extension or renewal of
agreements and contracts be approved, as appended to the report of R. W. Pritchard dated
May 8, 1996."
JOINT FIRE DISPATCH SERVICE
The Committee was in receipt of a report from the Treasurers and Fire Chiefs of both Kitchener
and Waterloo concerning the provision of joint Fire Dispatch Services and containing highlights of
the proposed arrangement.
JOINT FIRE DISPATCH SERVICE - CONT'D
On a motion by Councillor B. Vrbanovic
it was resolved:
"That Council agree, in principle, to the operation of a joint fire dispatch service involving
the Cities of Kitchener and Waterloo as outlined in the report of J. Gazzola, J. Hancock, R.
Mavin and M. Hussey dated May 9, 1996."
Mr. Gazzola advised that a formal agreement would be drafted and submitted for consideration.
FUNDING REQUEST - ADAPTIVE RE-USE COMMITTEE
The Committee was receipt of correspondence from J. Murphy dated May 3, 1996 concerning a
funding request for a presentation at a June Media Event and Symposium.
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CITY OF KITCHENER
In response to a question from Councillor Lorentz, Councillor Wagner outlined the purpose of this
Symposium which is intended to introduce an innovative re-development proposal. Councillor
Ziegler enquired as to why this amount was not budgeted in 1996, and Mr. McCabe replied that it
had been, but was taken out at the Administrative Review on the basis that the Symposium was a
new project. He clarified that funding would not be in the form of a grant as indicated in the
agenda and Mr. McKay further clarified that the request is in the nature of an over-expenditure.
On a motion by Councillor M. Wagner
it was resolved:
"That Council approve, in principle, funding to a maximum of $5,000.00 for the June 12,
1996 Media Event and Symposium of the Adaptive Re-Use Committee, and further,
That the above be subject to receipt of an event budget for review by the Finance and
Administration Committee prior to June 4, 1996."
10. VIDEO LOTTERY TERMINALS
The Committee was in receipt of a joint report from L. F. Parkhouse and J. Koppeser dated May 2,
1996 comprising a discussion paper of the impact of lottery terminals on local charities. Appended
to the report is correspondence from J. Wilbee, Chairperson, Charities First Ontario, dated March
27, 1996 requesting Council support in response to concerns raised over the possible adverse
impact of video lottery terminals.
Councillor John Smola put forward a motion in support of the concerns raised by Charities First
Ontario.
Councillor Wagner asked what the Province is intending to do to address the likelihood of
addiction to this form of gambling, noting that a recent study suggested that approximately 5% of
players become addicted to lottery terminals. Mayor Christy expressed his concern that the
Province's actions in this area are ill-conceived, noting that a similar initiative was abandoned in
British Columbia. He suggested that staff should assist Council in lobbying the Province, and
stressed the need for municipalities to speak forcefully. He asked that staff inform Council as to
the appropriate options in this regard. Mr. McKay clarified that Provincial policy in this area has
been approved and lottery terminals are now a revenue line in the budget. He noted that the
Association of Municipalities of Ontario (AMO) had made a presentation on behalf of municipalities
about eighteen months ago, but received not assurances from the Province. Mr. McKay
suggested asking AMO to intervene on behalf of the municipality. Mayor Christy asked that
Council be circulated with any previous information on video lottery terminals, at which point it
could decide on further action in this area.
10. VIDEO LOTTERY TERMINALS - CONT'D
Councillor John Smola accepted, as a friendly amendment, the suggestion that the motion be
amended to include circulation to the Association of Municipalities of Ontario. The following
amended motion was then voted on.
On a motion by Councillor John Smola
it was resolved:
"That the City of Kitchener supports Charities First Ontario in their request that the
Provincial government insure that appropriate regulations are in place before Video Lottery
Terminals are introduced into the gaming community, and that funds from Lottery Terminals
stay in the community and in the hands of local charities and further,
That the City Clerk circulate this resolution to the Board of Directors of the Association of
Municipalities of Ontario."
11. WARD BOUNDARY RE-ALIGNMENT
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CITY OF KITCHENER
The Committee was in receipt of a report from R. W. Pritchard dated May 8, 1996 on behalf of the
Committee assigned to address this issue. They were also in receipt of several Ward scenarios
and additional information requested by the Finance and Administration Committee on January 29,
1996. Dr. R. Williams of the University of Waterloo was also in attendance this
date.
Mr. Pritchard suggested that in the absence of a decision from the Region concerning governance
issues, the Committee may wish to defer further consideration of the matter. Councillor Vrbanovic
agreed, and suggested deferral to the next Finance and Administration Committee meeting
following a Regional decision, anticipated in June of this year. Councillor Ziegler suggested that
information be extracted from the charts circulated this date and incorporated into the Ward
boundary scenarios for the purpose of comparison.
Councillor Ziegler advised that he is not concerned if the Ward boundaries are not adjusted in time
for the 1997 election, as a question in this regard could then be put to the electorate at that time.
Councillor Yantzi suggested that at minimum, Council should identify whether it favours an eight or
ten ward option. Councillor Galloway indicated his hope that any ward boundary re-alignments
could be incorporated in time for the 1997 election. He also suggested that whether the City of
Kitchener had eight or ten wards would likely be irrelevant in the context of Regional
representation.
Councillor B. Vrbanovic put forward a motion of deferral to a special Council meeting to be held on
June 24, 1996, pending further discussion at the Regional level.
Mr. Pritchard requested clarification of any further direction to staff in preparation for the June
meeting and suggested that Council may also wish to consider the timing of public meetings and
how it would incorporate public input. He noted that the Ontario Municipal Board application must
be filed no later than September 3, 1996.
Councillor Galloway pointed out that a decision on Regional governance issues will not likely be
made before the end of June and suggested that the City divorce itself from the Regional process
in this regard to ensure that a new Ward system is in place for the 1997 election. Mayor Christy
suggested that the proposed special meeting would involve receiving general information and
discussing the various ward options, but at this stage in the process would not be intended as a
forum to hear delegations.
Councillor B. Vrbanovic amended his motion so as to change the meeting date and it was voted on
as follows.
11. WARD BOUNDARY RE-ALIGNMENT - CONT'D
On a motion by Councillor B. Vrbanovic
it was resolved:
"That further consideration of the re-alignment of Ward boundaries be deferred and
referred to a special Council meeting to be held on June 10, 1996, pending further
discussion of related governance issues at the Regional level."
Councillor Ziegler asked that the information circulated this date be amended so as to allow a
comparison of the population in existing wards against future projections for each scenario.
12. NEXT MEETING
The next regularly scheduled meeting of the Finance and Administration Committee will be held on
Monday, May 27, 1996.
13. ADJOURNMENT
On motion, the meeting adjourned at 12.30 p.m.
FINANCE & ADMINISTRATION COMMITTEE MINUTES
MAY 13, 1996
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CITY OF KITCHENER
G. Sosnoski
Manager of Corporate
Records/Assistant City Clerk