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HomeMy WebLinkAboutFinance & Admin - 1997-01-27FAC\1997-01-27 JAN UARY 27, 1997 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 John Smola, G. Lorentz, K. Redman, B. Vrbanovic, T. Galloway, C. Weylie, M. Wagner and Jake Smola. Councillor M. Yantzi entered the meeting shortly after it's commencement. Others present: Ms. L. Pasternak, Ms. L. Bansen, Mrs. J. Koppeser, Messrs. J. Gazzola, R. W. Pritchard, O. den Ouden, T. McCabe, L. Proulx, J. Shivas, D. Snow, T. Clancy, L. Gordon, D. Heubach, D. Anderson, D. Trask and L. W. Neil. 1. PIT BULL LEGISLATION The Committee was in receipt of a report dated January 23, 1997, from Ms. L. Pasternak incorporating changes to the proposed by-law recommended by the Ad Hoc Committee which met on January 21, 1997 to consider public input on the by-law which would prohibit and regulate Pit Bulls in the Cities of Kitchener and Waterloo. Councillor J. Ziegler pointed out that Dr. G. Hess was in attendance on behalf of the K-W Humane Society and Mr. Don Trask was also in attendance on behalf of the Kitchener Fire Department. No delegations were registered to make a presentation on this matter and no one responded to an invitation from Councillor J. Ziegler to address the Committee. Ms. L. Pasternak then provided the Committee with a brief overview of her report as well as comment on a few specific issues. She indicated that a number of new sections dealing with Pit Bulls have been included, renumbering had taken place as well as a number of housekeeping revisions. Councillor M. Yantzi entered the meeting at this point. A brief discussion took place during which Ms. Pasternak responded to questions from Councillor J. Ziegler. Councillor J. Ziegler enquired why use of the word "may" rather than the word "will" was utilized in clauses 39 and 40 referring to disposition. Ms. Pasternak advised that the intent was to leave discretion to the Poundkeeper. Councillor Jake Smola pointed out that at the Ad Hoc Committee meeting seven delegations had indicated that they were owners of Pit Bull dogs but it would appear only two delegations had dogs that were licensed. He questioned how the dogs that were unknown to the Humane Society would be dealt with. Dr. Hess advised that reliance would have to placed on what was known through existing licensing data. Councillor J. Ziegler stated that if a dog was unlicensed after the passing of the by-law no licence would be obtainable. Councillor B. Vrbanovic stated that his understanding was that if a dog was licensed at the passing of the by-law it was then eligible for a restricted licence. Councillor K. Redman pointed out there was only a one week grace period between January 27 and February 3 that would allow for licensing of unlicensed dogs. The staff recommendation was then discussed and there was general agreement that there was no need to make reference to the subsidization issue and it was agreed to delete that part of the recommendation. Councillor Jake Smola questioned if it was proper to raise dangerous dog fees to the same level as restricted fees and Ms. L. Pasternak advised that the classes are considered to be similar threats. Councillor Jake Smola stated that he would like to see the dangerous dog fees being raised to those equivalent of restricted dog fees resulting in an increase from $15.00 to $100.00. Councillor B. Vrbanovic questioned whether a discount structure should apply in such situation and Ms. Pasternak advised that she opposed a discount approach relating to the good citizenship test. Upon further discussion it was agreed to request a report from staff for 1. PIT BULL LEGISLATION - CONT'D FINANCE & ADMINISTRATION COMMITTEE MINUTES JAN UARY 27, 1997 - 26 - CITY OF KITCHENER February 3, 1997 on the fee increase issue along with information of how many dogs might fall into the dangerous dog category. Councillor B. Vrbanovic requested that staff prepare an information report outlining the differential fees for spayed/neutered dogs for consideration at a future meeting. At this point Councillor Jake Smola displayed a proposed sign to be erected at residences advising of a dangerous/restricted dog being on the premises. He suggested that such signage would benefit anyone entering onto a property particularly municipal or utility staff. Councillor K. Redman expressed concern that distribution of the signs be strictly controlled so as to prohibit any misuse by members of the public who do not own dangerous/restricted dogs. Councillor B. Vrbanovic thanked staff, Dr. Hess and Councillors for their work and support respecting this issue during the past year. Councillor Jake Smola pointed out that it was extremely important that both the Cities of Kitchener and Waterloo have identical by-laws. On a motion by Councillor B. Vrbanovic, it was resolved: "That the proposed by-law, attached to the report from Ms. L. Pasternak dated January 23, 1997, amending Chapter 530 (Dogs) of the Municipal Code be approved." 2. PRE-QUALIFICATION - GENERAL CONTRACTORS The Committee was in receipt of a report dated January 16, 1997, from Messrs. L. Proulx and L. Gordon concerning the pre-qualification of contractors with respect to various capital projects. On a motion by Councillor M. Wagner, it was resolved: "That Council approve the use of prequalification to select general contractors and that the Purchasing Division be authorized to proceed with this process for the following projects: 1) Country Hills Community Centre on Rittenhouse Drive 2) New Fire Station, Fairway Road and King Street East 3) Forest Heights Community Centre and Fire Hall, Queen's Boulevard." 3. LICENCE REDUCTION - SEEDY SATURDAY (DOON HERITAGE CROSSROADS) The Committee was in receipt of a report dated January 16, 1997, from the Manager of Licensing and copy of a request from Doon Heritage Crossroads that Council reduce licence fees for a February 22, 1997 event. On a motion by Councillor M. Yantzi, it was resolved: "That Council grant the request of Doon Heritage Crossroads to waive the required Licence fee for a Show referred to as "Seedy Saturday" to be held on Saturday, February 22, 1997." 4. EXTENSION OF BINGO HALL HOURS The Committee was in receipt of a report dated January 15, 1997, from the Manager of Licensing providing the results of a review of the extension of bingo operating hours and recommending a housekeeping amendment to Council policy. 4. EXTENSION OF BINGO HALL HOURS - CONT'D On a motion by Councillor B. Vrbanovic, it was resolved: "That the City of Kitchener Policy Manual, Policy Number 1-578, Lottery-Bingo Hall Hours, FINANCE & ADMINISTRATION COMMITTEE MINUTES JAN UARY 27, 1997 - 27 - CITY OF KITCHENER be amended by deleting Section 2, which reads, 'That the extension of bingo operating hours be reviewed one year after implementation'." FOUR MONTH BINGO LICENCES The Committee was in receipt of a report dated January 15, 1997, from the Manager of Licensing documenting experiences with respect to a trial period involving the issuance of licences for a four month period instead of every two months and recommending a housekeeping amendment to the City's policy respecting this matter. On a motion by Councillor G. Lorentz, it was resolved: "That the City of Kitchener Policy Manual, Policy Number 1-580, Section l(a) of the City of Kitchener Additional Terms and Conditions for Bingo Lotteries, be amended to delete "for a trial period of 1 year, effective January 1, 1996" from the section." VEHICLE ACCIDENT DEMERIT SYSTEM The Committee was in receipt of a report dated January 21, 1997, from Mr. David Anderson submitted on behalf of the Committee that has dealt with the Vehicle Accident Demerit System. Mr. Anderson presented an overview of the system and the disposition of any accident/incident. In response to Councillor M. Yantzi, he advised that there was criteria to assess what is a preventable accident. Councillor M. Wagner questioned if the system was being instituted because of a number of accidents, or if it was being done to prevent accidents. Mr. Anderson advised that the purpose was to take a pro-active approach in accident prevention particularly in view of increasing liability and expand the system to all City departments. It was anticipated that future savings would accrue based on future avoidance of costs resulting from accidents. Councillor M. Wagner questioned if mandatory re-training would really happen as a result of the system and Mr. Anderson advised that through the interview process, a mechanism was provided for the flexibility to make such determination. Councillor T. Galloway questioned if the proposal has been undertaken with all bargaining units. Mr. Anderson advised that the Transit and Fleet Divisions have a system in place and were approached by the CAW requesting changes and consequently a plan was developed to extend it to all of the City's unions. He also stated that the unions have not required a letter of understanding in respect to this matter. On a motion by Councillor C. Weylie, it was resolved: "That a Vehicle Accident Demerit System be approved for use with all City Departments." HEDGE BY-LAW The Committee was in receipt of Traffic and Parking Division staff report DOPWR-97-1 dated January 14, 1997 dealing with the regulation of hedges and other objects deemed to be traffic hazards as well as the appointment of certain staff as municipal law enforcement officers. A proposed by-law was attached to the staff report. Councillor C. Weylie questioned the definition of object and Ms. L. Pasternak advised that the by- law was written with involvement by Planning and Public Works staff and was based on what exists in the zoning by-law. She noted that the definition of object was meant to deal primarily HEDGE BY-LAW - CONT'D with hedges and shrubs but was not limited to them. Councillor J. Ziegler suggested reference should be made to any physical object. Councillor J. Ziegler questioned the 15 foot limitation referred to in Clause #3 of the proposed by- law and Mr. D. Snow advised that the 15 foot length would generally encompass any concern that could potentially create a traffic hazard. FINANCE & ADMINISTRATION COMMITTEE MINUTES JAN UARY 27, 1997 - 28 - CITY OF KITCHENER Councillor M. Wagner referred to page 2 of the staff report respecting the issue of a reasonable time frame for compliance being given. He concurred with this approach but noted that it was the repeat offenders that were the problem and questioned if staff had discretion to act more quickly to address such situations. Mr. D. Snow advised that staff would exercise discretion where required and back up their approach with enforcement. In response to Councillor K. Redman, Mr. Snow advised that the by-law would be primarily complaint driven but noted that if staff were aware of a problem they would act to address it but use discretion in doing so. On the matter of trees located within daylight triangles he indicated that staff would seek appropriate advice before recommending action. Mr. T. McCabe pointed out that the City's formal complaint policy allows staff to address hazardous situations that they become aware of. Councillor John Smola referred to a spur line of CN rail within his Ward and questioned if the proposed by-law could address problem situations with respect to a number of intersections and rights of way that are not being maintained to the extent that they were in the past. Ms. Pasternak advised that she would investigate this matter and prepare a report for consideration at a future meeting. On a motion by Councillor John Smola, it was resolved: "That a By-law regulating hedges and other objects which are traffic hazards be adopted, subject to revision of clause 1 (d) to more accurately address physical objects, and, That Schedule "B" of Chapter 101 (Appointment - Staff, Provincial Offenses Act) of The City of Kitchener Municipal Code be amended to include Stephanie Kennedy, Traffic Technologist, Tony Konstantinidis, Traffic Technologist, and Donald R. Snow, Director, Traffic and Parking Division, as Municipal Law Enforcement Officers, and further, That the Municipal Code of the City of Kitchener be amended accordingly." DISCUSSION PAPER - 1997 CORPORATE WORK PLAN The Committee was in receipt of a report dated January 22, 1997 from Mr. J. Gazzola containing a recommendation with respect to a discussion paper on a Corporate Action Plan for 1997. The Committee requested that the date of the special meeting referred in the recommendation be shifted to Monday, February 24, 1997 rather than February 25. On a motion by Councillor G. Lorentz, it was resolved: "That the Discussion Paper on the 1997 Corporate Action Plan, emanating from the Council/Senior Management study group sessions, be tabled, and further That the contents of the Discussion Paper be circulated in the local media and on the internet in the City of Kitchener Home Page. At the same time, copies of the Discussion Paper are to be made available to all City staff for comment, and further, DISCUSSION PAPER - 1997 CORPORATE WORK PLAN - CONT'D That through these advertisements, all citizens of the community be invited to provide their input at a Special Meeting of the Finance and Administration Committee to be held in the Council Chambers commencing at 7:00 p.m. on Monday, February 24, 1997. Upon completion of this process the Discussion Paper will proceed to City Council for formal ratification at it's regularly scheduled meeting to be held Monday, March 3, 1997." CHIEF ADMINISTRATIVE OFFICER (CAO) POSITION Councillor J. Ziegler pointed out that no specific information had been provided with the agenda in respect to the issue of the Chief Administrative Officer position. Councillor B. Vrbanovic stated that consideration of the issue was warranted in respect to the 1997 Corporate Work Plan. FINANCE & ADMINISTRATION COMMITTEE MINUTES JAN UARY 27, 1997 - 29 - CITY OF KITCHENER Mayor R. Christy advised that he had another commitment and as a result was unable to attend an in-camera meeting to be held this date that might deal with personnel issues and requested that the in-camera meeting to be held over the noon hour recess and reconvene at 3:00 p.m. or after the conclusion of the Community Services Committee meeting. The Committee agreed to the Mayor's request. Mayor R. Christy then made general remarks in respect to the Chief Administrative Officer position and stated it was his view that it was essential to have such position that would have a final say at the staff level with regard to Council policy. Councillor J. Ziegler stated that it was his understanding this was already generally agreed to and that he thought only the structure of the by-law governing the CAO position was to be the subject of discussion. On a motion by Councillor K. Redman, it was resolved: "That the need for the position of Chief Administrative Officer be accepted." Councillor J. Ziegler requested discussion regarding content and structure of the CAO position as reflected in the City's by-law. Councillor B. Vrbanovic pointed out that he had circulated example CAO by-laws from various municipalities last week as a basis for discussion. He noted that most of the by-laws were somewhat similar but did vary from one another. One issue he requested be addressed was that of a residency requirement for the CAO within Kitchener. He also indicated that there were varying degrees of discretion in respect to purchasing authority in the by-laws distributed. Councillor J. Ziegler stated that he was concerned with provision of an exit or termination clause in any employment agreement involving the CAO. As well he also expressed interest in the CAO's authority to terminate staff and Council determination of a point at which Council should participate in any termination proceedings of senior staff. Councillor K. Redman stated that she was interested in the issue of the length of any contractual arrangement in regard to the CAO position. Councillor G. Lorentz noted that Committee members did not have a copy of the current CAO by- law nor copies of the other municipal by-laws distributed by Councillor Vrbanovic. He requested that further discussion of this matter be deferred and discussed at 3:00 p.m. this date prior to the consideration of the in-camera issue mentioned by Mayor R. Christy. By general consent the Committee agreed the discussion of the Chief Administrative Officer position and by-law be continued at 3:00 p.m. this date. 10. CELLULAR PHONES - COUNCIL At the December 10, 1996 meeting dealing with the 1997 Capital Budget, it was requested that a discussion take place this date concerning the issue of providing cellular phones for use by members of Council. Councillor J. Ziegler pointed out that the matter had been dealt with last year and Councillor John Smola stated that while it was dealt with during the 1996 budget process, future discussion was not restricted. 10. CELLULAR PHONES - COUNCIL - CONT'D Councillor T. Galloway expressed a view that elected representatives should fund the cost of additional needs such as cellular phones out of the 1/3 tax free portion of their honorarium. He noted that he has installed an extra telephone line in his residence to accommodate municipal business at his own personal cost. Mayor R. Christy supported the use of cellular phones for those Councillors who were of the view that it would help them to carry out their job responsibilities more effectively. He suggested that it was inappropriate for some Councillors to over rule how another Councillor was prepared to address the manner in which he was best able to represent his constituents. He commented that there was a need for members of Council to work together and was of the view that the cost of a cellular phone was minimal compared to all operational expenditures. Councillor G. Lorentz stated that it was a necessity for him to stay in touch with the municipality as telephone access at his place of work was extremely limited. He expressed some resentment that other Councillors would set policy for him on how he could represent his constituents and suggested that a cellular phone was another tool that would allow him to provide better representation to this constituents. Councillor C. Weylie stated that she had participated in FINANCE & ADMINISTRATION COMMITTEE MINUTES JAN UARY 27, 1997 - 30 - CITY OF KITCHENER 11. a testing of the use of a cellular phone and that to her surprise she had found it to be useful in carrying out her responsibilities. Mr. J. Gazzola stated that the intent was to make it convenient for Councillors to piggyback on the City's system but pay for usage. He noted that there were many plans that could be chosen depending on individual needs but that in any event an annual fee was required along with a monthly basic fee and a charge of .25 cents per minute for usage at the government rate. Councillor John Smola favoured use of cellular phones by Councillors and Councillor M. Wagner commented that he did not understand how anyone could vote on the issue without having used one. He stated that cellular phones were an efficient way to provide timely response on issues and noted that he has had his own cellular phone for some time. He suggested Mr. Gazzola summarize the costs and any issues relevant to cellular phone use for Council's consideration. Councillor M. Yantzi agreed that cellular phones were convenient but pointed out that a number members of Council have installed a second line to their homes at their cost and questioned if it was not logical for the City to fund such second line if it was funding a cellular phone. Councillor T. Galloway commented that no member of Council was attempting to tell another how to conduct their affairs but that the issue was simply a matter of who pays the bills. He suggested that expenditures for Councillors to operate more effectively if they so wished could be covered by their 1/3 tax free allowance. Councillor Jake Smola enquired as to whether a cellular phone would show up under Municipal Act reporting requirements and Mr. J. Gazzola advised that it would. On motion by Councillor T. Galloway, it was resolved: "That no action be taken on the issue of providing cellular phones for use by Councillors, and further, That any Councillor using a cellular phone may access the government cellular rate through the City and utilize the City's billing system provided all costs are assumed by the individual." STEERING COMMITTEE - ONE TIER SEWER AND WATER SYSTEM COSTING STUDY Mr. John Gazzola distributed terms of reference drawn up by the steering committee in respect to a one tier sewer and water system costing study. He emphasized that Council must deal with the issue on February 3, and may wish to propose specific changes before responding to the Region of Waterloo. 12. 13. COLLECTION OF BUSINESS TAXES The Committee was in receipt of a report from O. den Ouden dated December 11, 1996 explaining the rationale for collecting business taxes in two instalments. This item was deferred at the Committee's January 13 meeting on behalf of Councillor Jake Smola. The Chair directed Mr. John Gazzola to discuss the issue with Councillor Jake Smola to address his concern. On a motion the Committee recessed at 12:00 p.m. noon and agreed to reconvene the meeting at 3:00 p.m. to continue the discussion of the Chief Administrative Officer position. The meeting reconvened at 3:15 p.m. with the following members present, Mayor R. Christy, Councillors J. Ziegler, M. Wagner, C. Weylie, John Smola, Jake Smola and G. Lorentz. UNFINISHED BUSINESS - CHIEF ADMINISTRATIVE OFFICER BY-LAW On a motion by Councillor M. Wagner, it was resolved: FINANCE & ADMINISTRATION COMMITTEE MINUTES JAN UARY 27, 1997 -31 - CITY OF KITCHENER 14. 15. "That the Interim Chief Administrative Officer, working with the Legal Department, undertake a comparative analysis of the Chief Administrative Officer By-laws for the municipalities of Mississauga, Windsor, London, Hamilton, Toronto, Ottawa, Cambridge and Guelph as appended to correspondence from Councillor B. Vrbanovic dated January 20, 1997, as well as the by-law of the Regional Municipality of Waterloo, and prepare a report outlining the standard or common terms and clauses used in all of the above by- laws, along with all unique, optional or variable clauses which may appear in selected by- laws. NEXT MEETING The next regularly scheduled meeting of the Finance and Administration Committee will be held on Monday, February 10, 1997. ADJOURNMENT On motion, the meeting adjourned at 3:20 p.m. L. W. Neil Assistant City Clerk