HomeMy WebLinkAboutFinance & Admin - 1996-11-04FAC\1996-11-04
NOVEMBER 4, 1996
FINANCE & ADMINISTRATION COMMITTEE MINUTES
CITY OF KITCHENER
The Finance and Administration Committee met this date commencing at 10.10 a.m. under the
Chairmanship of Councillor J. Ziegler with the following members present: Mayor R. Christy, Councillors
T. Galloway, M. Wagner, M. Yantzi, John Smola, Jake Smola, B. Vrbanovic, G. Lorentz and C. Weylie.
Others present: Mrs. J. Koppeser, Ms. R. Upfold, Ms. S. Frenette, Ms. L. MacDonald, Ms. L. Pasternak,
Messrs. J. Gazzola, J. Shivas, J. Witmer, B. Stanley, R. Arnot, T. McCabe, T. Clancy, G. Anderson, R. W.
Pritchard and G. Sosnoski.
1. WAIVING OF FEES - 47 EBY STREET SOUTH
The Committee was in receipt of correspondence from G. Adam, President, K-W Home Builders'
Association, requesting that permit fees be waived in association with a renovation of the above
Downtown property. The Committee was also in receipt of Planning and Development Committee
report PD96/111 recommending waiving of the fees.
Mr. Bruce Hutchings, Executive Officer, K-W Home Builders' Association, was in attendance in
support of the request.
On a motion by Councillor G. Lorentz
it was resolved:
"That with respect to 47 Eby Street South, Council waive the building permit fees required
under the Building Code Act for the demolition of a portion of the house and the
renovations needed to convert the remainder of the building to a group home, all as
outlined in Planning and Development Department report PD96/111 ."
2. NOISE BY-LAW EXEMPTION - BETHANY EVANGELICAL MISSIONARY CHURCH
The Committee was in receipt of correspondence from Reverend William Anderson, Senior
Pastor, dated October 25, 1996 requesting an exemption from Chapter 450 (Noise) of the
Municipal Code relative to staging of a Christmas pageant.
Mr. Robert Braun, Church Board Chairman, was in attendance in support of the request.
On a motion by Councillor T. Galloway
it was resolved:
"That the Bethany Evangelical Missionary Church be exempt from the provisions of
Chapter 450 (Noise) of the City of Kitchener Municipal Code during staging of a Christmas
pageant in the Church parking lot on December 11, 12 and 13, 1996 in accordance with the
written request of Reverend William Anderson, Senior Pastor, dated October 25, 1996."
COMMUNITY DEVELOPMENT INFRASTRUCTURE PROGRAM
The Committee was in receipt of Planning and Development Department report PD96/73
recommending establishing an annual capital fund for community based development work. They
were also in receipt of a memorandum from. B. Stanley dated October 24, 1996 outlining the
Management Committee position that Council should be cautious in funding new programs and
pointing out that it is unlikely the $25,000.00 annual allocation will be sufficient to meet demand.
Mr. Stanley noted that the last budget contained a grant to allow for completion of the Cedar Hill
Community Development Project. At that time staff were also directed to prepare terms of
reference for a community development infrastructure program that would set out criteria for
assessing funds in support of community organizing, social and recreational programming and to
address neighbourhood social issues. The report before Council this date describes the Cedar
Hill pilot project and sets out a program of financial assistance for other community development
projects.
3. COMMUNITY DEVELOPMENT INFRASTRUCTURE PROGRAM - CONT'D
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Mr. Stanley advised that the proposed $25,000.00 allocation would be distributed on the basis of
detailed proposals from particular communities, and would not be limited to neighbourhood
associations. He clarified that funding is not intended to take the form of capital grants and that
subsequent reporting by the recipient group would be required. Mr. Stanley referred to the
distinction between programs provided and directed by staff through community centres, and the
programs which would be serviced under this program and be suggested by the community at
large. He then referred to the report recommendation which suggests approval in principal of a
$25,000.00 annual capital fund, subject to 1997 Capital Budget deliberations.
Mr. Rob Davis appeared on behalf of the Waterloo Regional Police Service in his capacity as
Divisional Liaison Officer and provided an overview of the Cedar Hill Community Project. He
explained that the first phase of the project involved residents targeting safety measures, and met
with limited success; however, in 1993 it was expanded to include a cross section of community
stakeholders. Mr. Davis referred to a specific project undertaken to convert privately owned land
into a community garden, and explained that the project encourages people to take pride in
ownership of a neighbourhood to promote healthy and safe communities. Mr. Davis explained that
from a Police perspective promoting a safe activity in an unsafe environment leads to reductions in
crime, and in this regard he displayed a graph showing a net reduction in the number of Police
calls in the Mooregate area. Mr. Davis displayed photographs illustrating various community
initiatives and encouraged Council to approve the necessary funding to ensure project success.
Ms. Karen Taylor-Harrison, Coordinator, Cedar Hill Community Groups, outlined the impact the
project has had on the community, noting a reduction in the number of Police calls and policing
costs. She further noted that real estate sales have improved in the area, with twenty homes sold,
and that recent renovations to neighbourhood apartment buildings have resulted in their now
being filled to capacity.
Ms. Taylor-Harrison referred to a number of community sponsored initiatives implemented as part
of the Cedar Hills Community Project, noting that many have focused on issues of neighbourhood
safety and crime prevention. She suggested that Cedar Hills is one of the least privileged
communities in the City, and community fundraising is not feasible given the intense competition
for fund raising dollars. Ms. Taylor-Harrison requested Council's financial support for the program,
adding that it is not feasible for communities to cover these costs themselves.
In response to questions from Councillor Lorentz, Ms. Taylor-Harrison advised that Cedar Hills
received approximately $16,000.00 in 1996 and estimates $2,000.00 more will be required in
1997. Councillor Lorentz noted that the only problem he sees with the concept is that it appears to
foster dependency on City funding. Ms. Taylor-Harrison responded that it is both time consuming
and difficult to raise funds in fragile Downtown communities, and that the neighbourhood is
contributing through the development and running of community based programs. Councillor
Lorentz referred to community groups in his own Ward which raise funds and are self sufficient.
He referred to the perception that any funding would in effect be ear-marked for Downtown
neighbourhoods. Ms. Taylor-Harrison responded that the issues in Cedar Hills are much broader
that community programming, and that the past projects have worked to pull individuals together
thereby creating a stronger and safer neighbourhood. She also added that it is difficult to compare
a Downtown community and its problems with the situation of a suburban community.
Mayor Christy noted that Cedar Hills recently received the Festival of Neighbourhoods Award, and
questioned whether consideration had been given to applying these funds to community
development. Ms. Taylor-Harrison responded that it was her understanding the funding was
limited to capital projects, and the neighbourhood was not aware they could be applied otherwise.
Mayor Christy referred to a recent core services report, and discussion over coordinating
community programming between City departments. Mr. Stanley replied that cross-departmental
involvement has not been expanded beyond this program, but assured Council there is no
duplication in regard to this particular initiative.
COMMUNITY DEVELOPMENT INFRASTRUCTURE PROGRAM - CONT'D
Councillor Weylie referred to a second similar neighbourhood success in her Ward, and noted that
the City has since allowed neighbourhood groups to use community centres for their
organizational meetings. She pointed out that fundraising is problematic as most neighbourhood
residents are new Canadians with little ability or understanding in this area. Councillor Galloway
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referred to an arrangement the City has with the Mowat-Chandler Community Centre and the
House of Friendship and asked how this relates to the community program under discussion. Mr.
Arnot clarified that staff work with Mowat-Chandler and the Board of Education, but that the
problems in this area go beyond recreation and recreational programs. Councillor Galloway
referred to the success of the Mowat-Chandler program, which operates in an area having the
highest density in the City, and suggested a similar program could be applied in the Cedar Hills
area. Councillor Wagner questioned the Management Committee position and asked whether the
reason for cautioning against approval was based on the anticipated number of applicants or the
increased dollar requirement and Mr. Stanley replied that the possibility of a greater number of
applications than anticipated was the main reason. Councillor Wagner asked whether the grants
could not be restricted to one or two community groups in each year, and Mr. Stanley replied that
staff are reluctant to do this given the varying financial requests, and in light of the fact that there
could be numerous requests for grants as Iow as $2000.00. Councillor Wagner also expressed
general concerns over the relationship of Council with the Waterloo Regional Police.
Councillor Yantzi indicated his support for the proposal noting that the municipality spends a great
deal of money on infrastructure and hard surfaces, and pays too little attention to community
development itself. He pointed out that more is being expected of local neighbourhoods, and that
this money could assist in organizing neighbourhood groups towards the goal of being self
sustaining. Councillor Jake Smola questioned why funding is being allocated to the Capital
Budget as opposed to the Operating Budget or by distribution as a grant. Mr. Gazzola replied that
Council can deal with the funding allocation as it sees fit. He added that Management Committee
recognized the merits of the program, but did not offer support based on overall funding
requirements of this and other programs. He also clarified that this is an ongoing program and not
a one year expenditure, and expressed concern that the $25,000.00 amount will not be sufficient,
and that like the existing grant program demand will increase over time. Councillor Jake Smola
suggested that this item should be deferred pending Council's consideration of the core services
report, and indicated he is not prepared to support the initiative at this time. Councillor Lorentz
expressed his concern over the terms of reference developed by staff, and how groups will qualify
for funding. He advised that he is not sure that the terms go far enough, so as to suggest who
allocates the funds and who makes a final decision. Councillor Lorentz also expressed his
dissatisfaction with community based policing which he suggested is a travesty. He stated that he
is very disappointed with the level of Police service received in his Ward. Councillor Ziegler asked
that Councillor Lorentz put his comments concerning community based policing in written form and
submit these to him for consideration at the November 12 Police Services Board meeting.
Councillor Yantzi pointed out that the $25,000.00 allocation would not necessarily increase the
overall Capital Budget, but rather would result in a delay or elimination of other projects.
Councillor Yantzi asked for clarification as it was his understanding this was a one time allocation
and not meant to be an ongoing initiative. Mayor Christy indicated his support and requested
further discussion on staff involvement in this area. He suggested a needs assessment be
undertaken with respect to the relationship between the communities, staff and the Regional
Police. Councillor John Smola asked for further details of funding and noted that it was his
understanding the $25,000.00 allocation would occur in more than one year.
COMMUNITY DEVELOPMENT INFRASTRUCTURE PROGRAM - CONT'D
On a motion by Councillor C. Weylie
it was resolved:
"That Council approve in principal, and subject to budget deliberations, the establishment
of an annual capital fund in the amount of $25,000.00 to be made available to
neighbourhood based community groups to undertake community development work that
will build healthy neighbourhoods in accordance with the terms of reference appended to
Planning and Development Department report PD96/73 (Appendix A), and further,
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That the issue of funding be referred to the 1997 Capital Budget process for further
consideration."
4. LICENCE APPLICATION - E. J. AUBIN, CERTIFIED REFLEXOLOGIST
The Committee was in receipt of a report from J. Koppeser dated October 30, 1996 in response to
a written submission (September 24, 1996) from Ms. Aubin requesting that her licence application
be considered under a category other than Massagists and Body Rub Parlours. Ms. Aubin was in
attendance in support of her request.
The staff report notes that some hairdressing establishments are using the services of registered
massage therapists who are certified by the Province, and as a result do not require a special
business licence other than their hairdressing licence. Mr. Shivas further advised that the
Municipal Act does not allow the sub-dividing of the business class "Body Rub Parlours" into sub-
categories requiring specific licences. On this basis, reflexologists could not be separated from
the body rub parlour category, as by its nature the service falls within this licensing category. In
response to a question from Councillor Vrbanovic, Ms. Aubin clarified that the reflexology school is
certified by the Province, but individual practitioners are not. Councillor Yantzi referred to
comments made by Ms. Aubin concerning the practices of the City of Waterloo, and Mrs.
Koppeser advised that Waterloo has no by-law regulating massage parlours, but attempts to
control this activity through a zoning and planning by-law. Mr. Shivas suggested that Kitchener's
approach is a better alternative, but since the enabling legislation for the City's by-law is the
Municipal Act, "body rub" as defined under the Act is meant to have a general meaning,
independent of the current perception of body rub parlours. Councillor Vrbanovic pointed out that
the City's by-law specifically excludes "medical or therapeutic treatment", and he suggested that
reflexology would seem to fit this category. Mr. Shivas argued that this is one step removed, since
the person has to be certified by the Province and not the institution where they are trained.
Councillor Vrbanovic replied that he is not convinced by the arguments put forward, and does not
think Ms. Aubin requires a licence at all. Mr. Shivas cautioned against granting exemptions to the
licensing by-law, which could subsequently weaken the by-law when dealing with future
infractions. Similarly, Mr. Shivas indicated the City would still have a problem if it decided to
charge the fee and then grant the amount back to the applicant.
Councillor B. Vrbanovic put forward, then later withdrew, a motion that reflexologists be considered
as medical and therapeutic practitioners and as such not be required to obtain a business licence.
The basis for withdrawing this motion was information from Mrs. Koppeser that the City presently
licenses reflexologists other than Ms. Aubin.
On a motion by Councillor B. Vrbanovic
it was resolved:
"That prior to issuing the 1997 business licences, and in response to the written request of
Ms. E. Jeanette Aubin, dated September 24, 1996, Council review the licensing category
for Certified Reflexologists, who are presently licensed under Chapter 560 (Massagists and
Body Rub Parlours)."
5. ADDITIONAL LAY APPOINTMENTS - CENTRE IN THE SQUARE
The Committee was in receipt of correspondence from Ms. V. Hoag, Chairman, Centre in the
Square, dated September 25, 1996 requesting the addition of two lay appointees to the Board of
Directors, and the undertaking of the required legislative amendment. The Committee was also in
receipt of a copy of the initial 1981 Private Members Bill establishing the Board, and subsequent
amendments in 1983 and 1985. It was also subsequently noted by Mr. Shivas that one
amendment expanding the number of board members to ten is not included in the package.
Ms. V. Hoag and Mr. D. Donaldson, General Manager, Centre in the Square were in attendance in
support of the request. Ms. Hoag pointed out that six of the 10 current Board members work with
other organizations, either City Council or other Boards, and the same demands cannot be made
on these people as would be the case if the Centre was their only appointment. She argued that
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expanding the Board will help to distribute the workload more equitably.
Moved by Councillor M. Wagner
"That the current ten member Board of Directors for the Centre in the Square be increased
through the addition of two lay appointees, and further,
That the City Solicitor undertake the work necessary to affect the required legislative
changes."
Councillor Wagner pointed out that the existing balance between lay and Council appointees
would not be upset by the request to add two additional lay members. Councillor Ziegler referred
to past amendments involving Board composition and noted that it was clearly the intent of Council
to increase its relative representation on the Board. Councillor Wagner assured the Committee
that there is no desire to decrease Council representation; however, in order to deal with issues of
community input and workload two additional lay appointees are required.
Councillor Weylie asked how many Board committees are currently functioning and how they are
constituted, and Ms. Hoag replied that there are four in number, with none utilizing than non-Board
members. Councillor Weylie pointed out that in the past committee membership was not limited to
Board members, and Ms. Hoag replied that the Board prefers committees to be Board staffed in
order to ensure accountability. Ms. Hoag advised that this issue had come up in 1987 and has
been resurrected on the basis that the number of members continues to be a problem, especially
in light of recent fund raising initiatives. Councillor Galloway referred to the historically large
number of individuals expressing an interest on sitting on the Centre in the Square Board, and
suggested that this constitutes a large pool of talent which could be used on various Board
Committees. He also questioned whether two ex-officio members could be appointed, and
whether these members could be represented by the Centre's two main tenants. Ms. Hoag replied
that a workshop was conducted on this in the past and it was discarded as an option primarily due
to the question of accountability. She also advised that the Art Gallery and the Symphony are
Board members by legislation, and this relates to construction contributions made by the two
organizations in the past.
Councillor Vrbanovic suggested that it is important to encourage community involvement on the
Board, and suggested that non-Board volunteers could be used on a fundraising committee and
eventually apply to sit on the Board itself. Councillor Lorentz pointed out that the Board is trying to
make significant changes to incorporate a fundraising mechanism and that for his part he is not
worried about the City losing control over the Centre.
Councillor Jake Smola pointed out that it appears Council is under represented on the Kitchener
Public Library Board based on the four Council representatives on the Centre in the Square Board
and given the fact that the municipal appropriation to the Centre is 1/5 of the value of that given to
the Library. He also pointed out that there is a great deal of volunteer
participation on Committees of the Public Library Board. Councillor Wagner argued that the
proposal before the Committee is both responsible and reasonable in light of the Board's efforts to
more efficiently fund the Centre's operation and reduce the City grant. Councillor Wagner
ADDITIONAL LAY APPOINTMENTS - CENTRE IN THE SQUARE - CONT'D
advised that he would not accept an amendment to his motion to encourage the use of volunteers
on Board Committees.
The motion by Councillor M. Wagner to approve the request to add two lay appointees to the
Board of Directors of the Centre in the Square was voted on and Carried.
On a motion by Councillor M. Yantzi
it was resolved:
"That the Centre in the Square Board of Directors consider adding volunteers to its various
sub-committees who could at some future date make application for appointment to the
Board."
6. SURPLUS LAND (ADJACENT TO HOMER WATSON BOULEVARD)
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The Committee was in receipt of a report from G. Anderson dated October 17, 1996
recommending that the above lands in the vicinity of Trillium Drive and Huron Road be declared
surplus and be transferred to the Region of Waterloo.
On a motion by Councillor G. Lorentz
it was resolved:
"That the vacant parcels of land legally described as Part of Lots 31, 32 and 38, Registrar's
Compiled Plan 1489 and Part of Bechtel's Tract, and Part of Lot 6, Biehn's Numbered
Tract, and Lot 44 and Part of Lots 42 and 43, Registrar's Compiled Plan 1478 designated
as Parts 1, 4, 7, 8, 10, 11 and 12, Plan 58R-9738 adjacent to Homer Watson Boulevard (in
the vicinity of Trillium Drive and Huron Road) be declared surplus to the City's needs and
be transferred, at no cost to the City, to the Regional Municipality of Waterloo for bridge
and road construction, and further,
That the Mayor and Clerk be authorized to execute a Memorandum of Agreement with the
Region, and well as any further documentation required to affect the transfer of land, all to
the satisfaction of the City Solicitor."
SUNDAY OPENINGS - LIQUOR CONTROL BOARD OF ONTARIO/BREWERS RETAIL INC.
The Committee was in receipt of correspondence from G. Sherwood, Vice President, Liquor
Control Board of Ontario enquiring whether Council objects to three Sunday openings approved
by the Province for December of this year.
On a motion by Councillor G. Lorentz
it was resolved:
"That the City of Kitchener has no objection to the recent approval granted by the Provincial
government to open Liquor Control Board and Brewers Retail outlets on three Sundays;
namely, December 8, 15 and 22, 1996."
CAUCUS CONFIDENTIALITY
The Committee was in receipt of a report from G. Sosnoski dated October 29, 1996 containing
general information on caucus confidentiality and outlining actions taken by other municipalities to
ensure that caucus material is not publicly disclosed by members of Council.
Mayor Christy advised that he asked that this item be raised for discussion given the
importance of ensuring the confidentiality of in-camera discussions, and thereby continued
dialogue with other sectors of the community. He specifically referred to a recent leak of in-
camera information concerning the planned workforce reduction at Schneiders. He suggested that
disclosure of the content of in-camera discussion is a serious
CAUCUS CONFIDENTIALITY - CONT'D
matter and interferes with the effectiveness of Council in conducting the business of the citizens
of Kitchener. Councillor Ziegler acknowledged the need to respect the confidentiality of caucus
deliberations, and noted that he was only aware of such a leak when he read the newspaper
interviews with Mayor Christy and Councillor Lorentz. Councillor Jake Smola noted that there was
no demonstrated leak of information concerning Schneiders, and that in any case the Mayor and
Councillor Lorentz could have indicated "no comment" to questions by the Press. Councillor
Lorentz advised that prior to the interview the Press was already aware that he and the Mayor had
been instructed to approach Schneiders. He questioned whether the City could take the K-W
Record to court to determine the source of the leak. Councillor Wagner indicated that he resented
the allegation of the leak, as this negatively affects all members of Council. Councillor Yantzi
suggested it would be helpful to set parameters and expectations concerning caucus deliberations
in order to emphasise the importance of confidentiality. Councillor Weylie characterized the leak
as unfortunate, but noted there have always been leaks in the past of one sort or another, and
referred to the site selection process for the City Hall.
Councillor Galloway suggested that though he has not implicating staff in the leak, Council should
ensure that staff receive only limited information concerning caucus deliberations and that this will
make it easier for them to ensure confidentiality. He noted that leaks typically emminate from
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individuals who do not agree with the Council position, though in this instance he could recall no
dissenters at the time of discussion. Councillor Vrbanovic stressed the need to remember that all
members of Council have ethical and legal responsibilities in this area, and suggested that his own
personal policy is similar to that of the City of Sarnia in that if asked about the contents of caucus
discussion his standard reply is "no comment". Mayor Christy stated that from time to time he has
been confronted with statements which he knows were made in caucus, and on those occasions
felt obliged to undertake some form of damage control. He suggested that "no comment" does not
always suffice if other individuals have previously commented. In closing, he suggested that there
appears to be no need to take further action at this time, but simply to remind Council members
and staff of their responsibility regarding caucus confidentiality.
BOREHOLE ANALYSIS - RALGREEN CRESCENT
The Committee was in receipt of a report and recommendation from J. Witmer and L. MacDonald
dated October 31, 1996 concerning the undertaking of borehole analysis and the installation of
permanent test points for the purpose of obtaining methane gas, water and soil samples.
Councillor Lorentz suggested that further testing is required to learn more about the problem.
On a motion by Councillor G. Lorentz
it was resolved:
"That Council authorize staff to further retain the services of Heath Consultants Limited for
the purposes of undertaking a borehole analysis of the Ralgreen Crescent area, and
hereby waive the requirement to call for expressions of interest pursuant to Chapter 170
(Purchasing and Materials Management) of the City of Kitchener Municipal Code, and,
That Council agrees to pay Heath Consultants Limited $14,268.00, exclusive of taxes,
which represents the cost of drilling the boreholes and the installation of permanent test
points for the purpose of obtaining methane gas, water and soil samples, with said
boreholes to be drilled on the understanding that the Ministry of Environment and Energy
will provide funding for the analysis of the soil and water samples, and further,
That the Department of Public Works be directed to clean up the soil debris at each
borehole location."
10.
11.
12.
HAWKERS AND PEDLARS LICENCE - K-W PHILATELIC SOCIETY
Councillor Lorentz advised that he was in receipt of a letter from Mr. T. Shaman requesting that the
Society be exempt from the payment of Hawkers and Pedlars fees in conjunction with an
upcoming show and sale.
On a motion by Councillor G. Lorentz
it was resolved:
"That Council grant the request of the Kitchener-Waterloo Philatelic Society to waive the
fees relative to a Hawkers and Pedlars license in conjunction with their proposed show and
sale scheduled for April 1997."
NEXT MEETING
The next regularly scheduled meeting of the Finance and Administration Committee will be held on
Monday, November 25, 1996.
ADJOURNMENT
On motion, the meeting adjourned at 12:10 p.m.
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G. Sosnoski
Manager of Corporate
Records/Assistant City Clerk