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HomeMy WebLinkAboutFinance & Admin - 1997-05-26FAC\1997-05-26 MAY 26, 1997 FINANCE & ADMINISTRATION COMMITTEE MINUTES CITY OF KITCHENER The Finance and Administration Committee met this date commencing at 10:40 a.m. under the Chairmanship of Councillor J. Ziegler with the following members present: Mayor R. Christy, Councillors T. Galloway, John Smola, G. Lorentz, B. Vrbanovic, M. Yantzi, and Jake Smola. Councillor K. Redman was in attendance for part of the meeting. Others present: Ms. B. Baker, Ms. L. MacDonald, Mrs. J. Koppeser, Ms. P. Houston, Ms. T. MacDonald, Messrs. J. Gazzola, T. McCabe, J. Shivas, R. W. Pritchard, T. Clancy, D. Paterson and G. Sosnoski. 1. 1997 SIDEWALK PATIO - SPORTS CAFE (102 KING STREET WEST) The Committee was in receipt of a memorandum from L. MacDonald concerning a request for an encroachment agreement to accommodate a sidewalk patio at the Sports Cafe for the 1997 season. She indicates that staff have no concerns with the location or layout of the proposed patio; however, complaints were received concerning the patio operation in 1996, hence the request for Committee review for the application. Ms. N. Brawley appeared on behalf of the Kitchener Downtown Business Association and advised that female employees of the KDBA were harassed on several occasions by patrons of the Sports Cafe patio who were also swearing and showing visible signs of drunkeness. She stated that this harassment reached the point where employees did not want to enter or leave the KDBA offices. Ms. Brawley suggested that this type of activity defeats the purpose of an outdoor patio and is contrary to the spirit of Downtown revitalization. Mrs. Koppeser also reported that Licencing staff received complaints from two separate individuals concerning the use of obscenities by patio patrons, and it was her understanding that cafe staff did nothing to correct the behaviour. Moved by Councillor M. Yantzi, "That on the basis of complaints received regarding operation in 1996, no action be taken on the request of the Sports Cafe, 102 King Street West, for permission to operate a sidewalk patio during the 1997 season." Councillor Yantzi pointed out that the use of City lands for an outdoor patio is a privilege to be exercised at the discretion of Council, and agreed that the patron behaviour referred to is contrary to the goals of Downtown renewal. In response to a further question from Councillor Wagner, Mrs. Koppeser advised that there were numerous instances of the complaints she referred to during the course of the summer season, and that she sent a letter to the owner in July after which she received no complaints. Mrs. Koppeser also advised that complaints were not received for any other patio in the Downtown area during the 1996 season. Councillor Jake Smola enquired whether the owner may have corrected the problem after receiving Mrs. Koppeser's letter, and she replied that this would not necessarily be the case and that the complainants may have simply decided that there was no point in complaining further. Ms. Brawley confirm that the negative activity she referred to earlier continued throughout the summer months. The previous motion by Councillor M. Yantzi to take no action on the request of the Sports Cafe for a patio in the 1997 season was voted on and Carried. 2. CHRISTKINDLMARKET The Committee was in receipt of a report from V. Gibaut, dated May 23, 1997 providing background to a Christmas event called the "Christkindlmarket" which is proposed for the Civic Square in 1997 and has a 200 year history in City's in Germany. The report indicates that the event is structured around a number of booths, usually built of wood with brightly coloured canopies and Christmas lighting, which are erected within civic squares and are used to sell products ranging from traditional crafts to specialty foods. Ms. Gibaut referred to her report and advised that the working committee will approach the Community Services Committee at a future date to request grant assistance in staging the event. Ms. Gibaut then introduced Mr. Tony Bergmeier, the volunteer Chair of the Christkindlmarket committee. FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 26, 1997 - 88 - CITY OF KITCHENER 2. CHRISTKINDLMARKET - CONT'D Mr. Bergmeier indicated who the committee members are and introduced the Presidents of the local German clubs who are in attendance this date. Mr. Bergmeier explained the Christkindlmarket concept, noting that the event usually runs from the first weekend in December up until Christmas Eve. He stressed the importance of a festive and enticing atmosphere in ensuring the success of the event and indicated that entertainment would be planned for every evening up until December 24. Mr. Bergmeier also indicated that the Cora Group has offered to stage a complimentary event at the Market Square during the same period of time and that the committee is hoping to arrange a shuttle between Market Square and City Hall during the event. He also advised that the booths could be used for other events, such as Oktoberfest, would be an excellent investment in the Downtown, and when not in use could be stored by the City at one of its facilities. Mr. Bergmeier suggested that Christkindlmarket is a unique event which is he confident can be successfully staged in Kitchener and asked for the City's support in principle. Councillor Wagner indicated his support, subject to the City receiving a business plan and a proposed budget. Councillor Lorentz enquired as to how Christkindlmarket would be integrated with other Christmas events taking place in the Downtown, notably the Festival of Lights. Mr. Bergmeier replied that his committee plans to integrate Christkindlmarket with these other events. He also advised that start up costs would likely be in excess of $10,000.00 and that the working committee will seek corporate sponsorship in addition to any grant funding received from the City. On a motion from Councillor M. Wagner, it was unanimously resolved: "That subject to the presentation of a business plan and event budget, Council endorse in principle the Christkindlmarket event proposed for the Civic Square in December of 1997." 3. COUNCIL POLICIES-CODE OF CONDUCT/ELECTIONS The Committee was in receipt of a report from D. Paterson dated May 20, 1997 on behalf of the working group and in response to changes in the draft Code of Conduct policy which were previously suggested by the Committee. The report also refers to a proposed amendment to the Elections Policy to recognise that the consecutive hours of voting with respect to the Federal election have been decreased from 4 to 3 hours. Mr. Paterson spoke to the report and suggested that changes in the Code of Conduct policy should flow from changes in the Purchasing By-law and any subsequent amendments. Councillor Jake Smola enquired as to the timeframe for review of the Purchasing By-law, and Mr. Gazzola acknowledged this should be done and would be put on a priority list; however, the scarcity of problems in this area suggests it should not be a number one priority. Councillors T. Galloway, Jake Smola and G. Lorentz put forward motions and suggested Policy amendments relating to employee prohibitions, insider information, purchases tofirom the City and the penalty clause. Councillor K. Redman entered the meeting at this time. Councillor Galloway also suggested that clear direction should be given as to who a Councillor or member of the public should contact in the event an employee contravenes the Policy. Mr. Gazzola suggested that the Chief Administrative Officer should be the first point of contact in this regard. Councillor Lorentz reminded the Committee that the Code of Conduct is intended to be an internal policy to guide City staff, and that including reference to citizen complaints may not be entirely appropriate in this context. Councillor Jake Smola disagreed and suggested that the process needs to be spelt out in detail with provision for citizen complaints. He suggested an additional policy heading outlining an external complaint process. At the direction of the Chair, each of the suggested amendments were then dealt with COUNCIL POLICIES-CODE OF CONDUCT/ELECTIONS - CONT'D separately and all were Carried and incorporated into the Policy with the exception of the motion of Councillor Jake Smola that a complaint clause be added with the CAO's office as FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 26, 1997 - 89 - CITY OF KITCHENER the first point of contact. Mayor Christy asked for clarification of the spouse issue as it relates to indirect purchase, and suggested that a qualifying statement may be appropriate. Mr. Shivas suggested that if this is the intention, the issue can be clarified by resolution to indicate that the Policy does not apply if a spouse of a City employee is him/herself an employee of the company with which the City has business dealings. Councillor Wagner questioned what the status of a spouse would be, who holds a significant number of shares in a publicly traded company and Mr. Shivas replied this may be covered under the conflict of interest legislation, and if the spouse has significant stock holdings, he/she could be viewed as a part owner in the company. He advised that he was prepared to report back on this issue on or before the June 3, 1997 meeting. The Committee then voted on the Code of Conduct Policy, as amended this date. On a motion by Councillor G. Lorentz, it was resolved: "That subject to the following amendments, Council approve the draft Policy Resolution (April 29, 1997) with respect to a Code of Conduct for municipal employees: a) Replacing the heading "Employees shall refrain from the following:" with "Employees are prohibited from the following:"; b) Amending the first subsection under "Purchases tofirom the City" to read "No purchases shall be made directly or indirectly by the City from any employee o._r spouse of an employee."; c) Amending the section entitled "Insider Information" to read: "All employees are prohibited from usinq or transmittinq confidential or privileged information while working for the City. Employees are specifically forbidden to use information available only to City employees to guide personal investment, or that of any other individual, whether directly or indirectly."; d) Amending the "Penalty" section to insert the word "shall" in place of the word "may". On a motion by Mayor R. Christy, it was resolved: "That subject to any further report from the City Solicitor on or before the June 3, 1997 Council meeting, the section of the Code of Conduct Policy entitled "Purchases To/From the City" is not applicable to situations where the spouse of an employee is solely an employee of a company/organization with which the City has business dealings, and is not in fact an owner or part owner of said company/organization or deemed to be by virtue of holding shares in same." On a motion by Councillor B. Vrbanovic, it was resolved: "That Council adopt the amended Policy Resolution 11-44 (Elections) dated May 20, 1997 which reflects that Federal election legislation has reduced the number of consecutive hours for voting from 4 to 3." JOB EVALUATION REPORT Councillor B. Vrbanovic disclosed a pecuniary conflict of interest and abstained from all voting and discussion concerning the City's job evaluation program as his wife is employed by the City'slnformation Services Division and is potentially affected by the program. The Committee was in receipt of a report from J. Gazzola dated May 15, 1997 outlining suggested FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 26, 1997 - 90 - CITY OF KITCHENER changes to the current job evaluation program. Committee members were also in receipt of a binder containing a history and overview of the job evaluation process along with a package containing salary information. Councillor Ziegler referred to information requested earlier which was not contained in the report and supporting documents, and on this basis suggested deferral of the entire issue pending receipt of the additional information. He specifically referred to data involving specific salary increases, when these applied, whether the incumbent went immediately to the top of the new job grade range and whether a retroactive payment was received as a result of the regrading. He suggested that the freeze on the job evaluation system be continued until such time as this information is received by Council. On a motion by Councillor G. Lorentz, it was resolved: "That consideration of the Job Evaluation report of J. Gazzola dated May 15, 1997 be deferred and referred to a future meeting of Finance and Administration Committee pending receipt of additional information concerning the specifics of recent salary increases, when these applied, whether or not the incumbents immediately went to the top of the scale within the new job grade range and whether retroactive salary payments were involved." OTHER BUSINESS The Committee received, as information, a report from the Licencing Section dated May 21, 1997 listing the Monte Carlo events recently approved by staff. NEXT MEETING The next regularly scheduled meeting of the Finance and Administration Committee will be held on Tuesday, June 10, 1997. ADJOURNMENT On motion, the meeting adjourned at 11:35 a.m. Assistant City Clerk