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NOVEMBER 9, 1998
FINANCE & ADMINISTRATION COMMITTEE MINUTES
CITY OF KITCHENER
The Finance and Administration Committee met this date commencing at 10:10 a.m. and Chaired by
Councillor J. Ziegler with the following members present: Mayor C. Zehr, Councillors T. Galloway, K.
Taylor-Harrison, M. Yantzi, John Smola, B. Vrbanovic, G. Lorentz and C. Weylie. Councillors Jake Smola
and J. Haalboom were in attendance for part of the meeting.
Others present: Ms. P. Houston, Ms. L. Pasternak, Mrs. J. Koppeser, Ms. C. Ball, Ms. L. Blair, Messrs. J.
Gazzola, R. W. Pritchard, R. Arnot, L. F. Parkhouse, D. Paterson, B. Gulliver, L. Proulx, T. McCabe, M.
Grummett, L. Gordon, S. Gyorffy and G. Sosnoski.
1. ANIMAL CONTROL BY-LAWS
The Committee was in receipt of a report from L. Pasternak dated November 6, 1998
recommending changes to various chapters of the City's Municipal Code dealing with animal
control and regulation. They were also in receipt of correspondence from L. Pasternak containing
legal advice in response to a related issue raised by a member of the public concerning dogs and
their use of the public road allowance.
Dr. G. Hess, General Manager, and Mr. G. Boes, both of the K-W Humane Society were in
attendance.
Ms. Pasternak referred to her report noting the interim list of prohibited animals which she is
asking Council to implement pending refining of such list, or a list of permitted animals, by an ad-
hoc committee.
Councillor Ziegler indicated that he favours a prohibited list as this would be easier to enforce and
maintain than a more lengthy list of permitted animals. Councillor Galloway noted that the report
makes no recommendation in regard to the City either providing or facilitating urban wildlife
services. He offered the opinion that at minimum, it is the responsibility of the City to provide
information in this regard and suggested this be done in addition to what is currently provided by
the Humane Society. He referred to a pamphlet produced by the City of Waterloo and asked that
staff to consider this approach. Ms. Pasternak suggested that it would be possible to give
direction in this area without naming wildlife operators.
Councillor Ziegler also asked that provision be made in the fee schedule applicable to late
penalties so as to provide for a $20.00 penalty for licences obtained between the seven and thirty
day period, after which the penalties outlined in the schedule would take effect. He also
questioned the appropriateness of a senior's discount applied to non-sterilized animals, and Ms.
Pasternak advised that this could be removed; however, staff were attempting to tailor the amount
of the penalty to the ability to pay.
Mr. Troy Seidle appeared on behalf of the Centre for Compassionate Living and advised that he
had met with Ms. Pasternak previously, at which time he presented a discussion paper and a draft
review of the City's animal control by-laws. He noted that many of the Centre's recommendations
are reflected in Ms. Pasternak's report. Mr. Seidle indicated his support of an ad-hoc committee,
but stressed the need for equitable representation, suggesting that there should be perhaps be
greater representation from members of the public as well as the Canadian Federation of Humane
Societies and various other local pet associations.
Mr. Seidle indicated his preference for a permitted species list rather than a prohibited list, as in
his opinion it would be shorter and easier to compile than a comprehensive, prohibited list given
the number of possible species which could be adopted as pets. He indicated his support for a
completed prohibition on all non-native animals and endangered species, and also asked Council
to consider addressing the issues of animals used for entertainment purposes, restrictions on pet
owners to ensure proper treatment of animals and the control and sterilization of cats.
Councillor Taylor-Harrison enquired as to the possibility of a discount by Veterinarians for
neutering services in order to encourage pet sterilization. Dr. G. Hess noted that at present the
Humane Society will return a portion of the fee to adopt an animal upon receipt of proof of
neutering, and that in his view the Veterinarians Association should further discuss the possibility
of discounts in this area.
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ANIMAL CONTROL BY-LAWS - CONT'D
Mr. Robert Sykes, appeared as the owner of Animal Crackers, a local pet shop. He noted that the
staff report was prepared without any direct involvement by the owners of local pet shops, and in
his view it is not necessary to restrict many of the animals on the prohibited list as in many cases
ownership is restricted by economic concerns or the efforts of other national pet organizations. He
offered the view that he does not believe that people should be permitted to buy poisonous
animals of any kind, and suggested that the City should only take steps to prohibit dangerous
animals rather than all of those listed on the proposed prohibited list. Mr. Sykes also indicated that
he was prepared to sit on the ad-hoc committee referred to in Ms. Pasternak's report.
Ms. Carol Church, owner of Carol's Critters, a local pet shop, appeared, and indicated agreement
with everything in the report except the restrictions imposed on birds, as most of these are now
bred within the country. She also encouraged Council to not ban all snakes.
Mr. Mark Koenig, owner of Exotic Wings and Pet Things - St. Clements, indicated his support for a
list of prohibited animals rather than permitted animals, and suggested that vendors need to be
more pro-active in questioning purchasers as to their ability to care for or house these pets when
fully grown.
Ms. L. Pasternak advised that she anticipated the ad hoc committee would be prepared to report
by February or March of 1999.
Councillors Jake Smola and J. Haalboom entered the meeting at this time.
The Committee agreed to amend the staff recommendation in accordance with various
suggestions by individual Committee members, and the recommendation, as amended, was then
voted on.
On a motion by Mayor C. Zehr,
it was unanimously resolved:
"That the following be implemented in regard to Chapters 405 (Animals at Large) and 408
(Animals - Regulation) of the City of Kitchener Municipal Code:
That the above Chapters be amalgamated;
That all poisonous animals on the interim list appended to the report of L. Pasternak dated
November 6, 1998 be prohibited in the City of Kitchener;
That an ad-hoc committee consisting of a member of the Centre for Compassionate Living,
two or three pet shop keeper representatives, a Humane Society representative, a
representative of the Canadian Federation of Humane Societies, a Veterinarian and a City
staff member be struck to refine a list of prohibited or permitted animals and report to the
Finance and Administration Committee;
That the definition of animal be changed to read "Any member of the animal kingdom, other
than a human";
That the number of cats over twelve weeks of age which can be kept within or about a
dwelling unit in the City be limited to four;
That all additional changes necessary to implement the above recommendations be made,
including those requiring repeal or amendment of existing sections or the addition of new
sections; and,
That the following be implemented in regard to Chapter 530 (Dogs) of the Municipal Code:
ANIMAL CONTROL BY-LAWS - CONT'D
That licence fees for dogs be imposed in accordance with the schedules outlined in
sections 2 (a)(i) and (ii) of the report of L. Pasternak dated November 6, 1998, and with an
additional category under the "Late Penalty" section reflecting a $20.00 fee where purchase
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of a first licence is made between 7 and 30 days;
That dog owners be required to register puppies with the Humane Society within eight
weeks of birth;
That exemptions from the Pit Bull dog provisions of Chapter 530 continue to be dealt with
on a case by case basis by Council and be granted only for special events such as dog
shows; and,
That Chapter 575 (Pet Shops) of the Municipal Code be amended to reflect the changes
to Chapters 405, 408 and 530 recommended above; and,
The staff prepare, for Council approval, new set fines schedules for the animal control by-
laws setting out a fine of $150.00 for more serious offences and a fine of $75.00 for less
serious offences; and further,
That City staff investigate the feasibility of developing a wildlife information pamphlet, either
separate from, or in conjunction with the Humane Society but having a City of Kitchener
emphasis, with said pamphlet to contain advice on dealing with urban wildlife, guidance for
residents who want wildlife removed, as well as suggestions on longer term solutions for
nuisance wildlife."
Councillor John Smola enquired as to the issue raised in Ms. Pasternak's second report
concerning dogs and the use of the public road allowance. He suggested that the concerns
expressed to him and other members of Council would be addressed if the City amended it's by-
law so that the area of trespass included the City right-of-way between the inside edge of the
sidewalk and a property owner's home. Ms. Pasternak indicated that additional information in this
regard could be provided, and Councillor Ziegler asked that this be treated as direction to staff.
Councillor Ziegler advised those in attendance that the Committee recommendation would be
considered by City Council at 7:00 p.m. on Monday, November 16.
2. ONTARIO TRILLIUM FOUNDATION
The Committee was in receipt of a report from J. Koppeser dated November 3, 1998 outlining the
requested involvement of the municipality in recommending the names of individuals for
membership on the Grant Review Teams which will determine funding allocation.
Mr. Parkhouse advised that late on Friday, November 6, the Mayor's Office received
correspondence from the Ministry of Citizenship, Culture and Recreation outlining the appointment
request, and a deadline of November 20, 1998 for submitting names. He noted that six
appointees are needed from the Region of Waterloo and that the requirements and qualifications
for these positions are onerous. Mr. Parkhouse indicated he would provide members of Council
with copies of the letter.
On a motion by Councillor G. Lorentz,
it was resolved:
"That Mayor Carl Zehr draft a letter to the Province requesting an extension on the
November 20, 1998 deadline for submitting the names of individuals for membership on the
Grant Review Teams for the new Ontario Trillium Foundation."
3. CITY OF WINDSOR RESOLUTION - LOCAL CHARITY FUNDRAISING
The Committee was in receipt of a report from J. Koppeser dated November 3, 1998 outlining a
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3. CITY OF WINDSOR RESOLUTION - LOCAL CHARITY FUNDRAISING - CONT'D
request from the City of Windsor that Council adopt its resolution asking that the Province take no
further action to undermine the ability of charities to raise revenues locally.
On a motion by Councillor G. Lorentz,
it was resolved:
"That Kitchener City Council endorse the October 5, 1998 resolution of Windsor City
Council requesting that the Provincial government commit to maintaining the status quo
with respect to the operation of bingo lotteries by charitable organizations under Section
207 (1) (b) of the Criminal Code, so as not to further erode the ability of local charities to
generate revenues."
4. INTERNET ACCESS AND ACCEPTABLE USE - DRAFT POLICY
The Committee was in receipt of a memorandum from D. Paterson dated October 13, 1998 and a
draft policy prepared by the Director of Information Services and endorsed by Management
Committee on July 14, 1998.
Mr. Paterson advised that it is intended the policy, if approved, will be included in the Council
policy manual.
The Committee agreed to a request from Councillor Galloway that the draft policy be amended to
include reference to "elected officials" in conjunction with "employees".
On a motion by Councillor John Smola,
it was resolved:
"That Council adopt the draft policy on internet access and acceptable use, as prepared by
the Director of Information Services and appended to the report of D. Paterson dated
October 13, 1998, with the above subject to including reference to "elected officials" in
conjunction with every reference in the policy to "employees"."
5. YEAR 2000 PROJECT - FUNDING AND STAFFING
The Committee was in receipt of a report from P. Houston and M. Grummett dated November 4,
1998 updating on project status and recommending contingency funding for the project. Ms.
Houston reviewed the report and recommendations which include authority to hire three additional
Information Services employees on a temporary basis.
Councillor Galloway suggested that a contingency plan be put in place with respect to staff who
will be available on January 1, 2000 if needed as a result of problems which may arise in the
municipality. Ms. Houston advised that staff have discussed this and are working on a plan.
Councillor Galloway encouraged that the plan not be limited to issues directly involving the
municipality corporation, but also take into account emergency situations which could arise
elsewhere in the City. He asked that such a plan be available for review by June of 1999. Mr.
Gazzola advised that Management Committee will be developing various scenarios in regard to
the Year 2000 problem and related plans and will update Council every three to four months.
Councillor Vrbanovic suggested that if a staffing policy is adopted in this area, it should be
finalized before employees begin making their May 1999 - June 2000 vacation requests. He also
advised of concerns raised regarding possible difficulties involving the suppliers of natural gas,
noting that this does not appear to be addressed in the inventory. Mr. Gazzola advised that it will
be included and is related to a similar issue involving hydro electric power.
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5. YEAR 2000 PROJECT - FUNDING AND STAFFING - CONT'D
On a motion by Councillor K. Taylor-Harrison,
it was resolved:
"That pre-budget approval be given to allow $500,000.00 contingency funding for the Year
2000 Project in the 1999 Capital Forecast as a 1999 project; and,
That authorization be given to hire two additional Application Developers and one
Database Specialist, on a temporary basis, for a maximum period of 18 months; and
further,
That the Chief Administrative Officer be authorized to allocate funds, as required, to
individual Year 2000 projects."
6. DOWNTOWN FINANCIAL INCENTIVES - GRANT APPLICATIONS (VARIOUS)
The Committee was in receipt of four reports from S. Frenette and W. Pearce, all dated October
29, 1998 and concerning applications relative to the properties at 42 College Street, 117/119 King
Street West, 42 Francis Street, and 15 Weber Street East.
On a motion by Councillor M. Yantzi,
it was resolved:
"That Council approve an application from Irene Price for a "Grant-in-Lieu of Building
Permit Fee" in the amount of $115.50 under the Downtown Financial Incentive Program for
renovations to the property at 42 College Street."
- and -
"That Council approve an application from Paul Szasz for a "Grant-in-Lieu of Building
Permit Fee" in the amount of $600.00 under the Downtown Financial Incentive Program for
renovations to the property at 117/119 King Street West."
- and -
"That Council approve an application from Joseph Stickel for a "Grant-in-Lieu of Building
Permit Fee" in the amount of $50.00 under the Downtown Financial Incentive Program for
renovations and additions to the property at 42 Francis Street."
- and -
"That Council approve an application from 514997 Ontario Ltd. (Frank Glasser) for a
"Grant-in-Lieu of Building Permit Fee" in the amount of $992.50 under the Downtown
Financial Incentive Program for renovations and additions to the property at 15 Weber
Street East."
7. CORPORATE PURCHASING CARD
The Committee was in receipt of a report from L. Blair dated October 30, 1998 recommending
implementation of a Corporate Purchasing Card Program and a five year contract in this regard.
L. Gordon advised that the rationale behind the card is to eliminate the use of field orders, which
Purchasing staff process at the rate of approximately 900 per month, many of which are at the
current $1,000.00 limit.
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7. CORPORATE PURCHASING CARD - CONT'D
On a motion by Councillor G. Lorentz,
it was resolved:
"That the City of Kitchener implement a full program with the Bank of Montreal for the use of
corporate purchasing cards with a limit of up to $2,000.00 per transaction; and further,
That the Mayor and Clerk be authorized to sign a five (5) year contract in this regard,
expiring on December 31,2003."
8. LOCAL IMPROVEMENT PETITION - STRASBURG ROAD
The Committee was in receipt of a report from S. Gyorffy dated November 3, 1998 recommending
the City sign the petition as an affected owner and grant same in respect to installation of sanitary
sewer and connections which would allow development of the new fire hall on Strasburg Road.
Councillor Galloway noted that the City's portion of the project is disproportionate to the other
affected owners and questioned whether the assessment is correct. He noted that the City is
paying three times the amount assessed to the former Bestpipe site owners and will pay
approximately 2/3 of the cost of the project. He further questioned whether the assessment
includes the Transit Garage property, which does not require sanitary sewer access.
Later in the meeting, Mr. Gyorffy clarified that the cost relates to the number of meters of frontage
involved and is not based on the assessed property value. He advised that he would report as
soon as possible on the concern raised by Councillor Galloway in regard to the Transit property.
On a motion by Councillor Jake Smola,
it was resolved:
"That consideration of the local improvement petition for sanitary sewer and connections
along Strasburg Road (Ottawa Street South to Chandler Drive) be deferred and referred to
either the November 23, 1998 Finance and Administration Committee meeting, or if
necessary, the November 16, 1998 Council meeting pending additional information from
staff as to the portion of the work assessed to the City as an affected owner."
9. PROPERTY STANDARDS COMMITTEE HONORARIUM
The Committee was in receipt of a report from L. Neil dated November 4, 1998 recommending a
$75.00 per meeting honorarium for the lay members of the Property Standards Committee.
A discussion took place during which it was noted that the Property Standards Committee is
required by legislation and is an adjudicative body similar to the Committee of Adjustment, whose
members receive a similar honorarium. Councillor Weylie suggested that the Committee saves
the City money on court costs and Legal staff time, and clarified that this is a request from staff and
not from Committee members. Mr. Pritchard clarified that in regard to the Committee of
Adjustment, members have always received honorariums on the basis that they have decision
making authority on all applications except those involving signs and fences. Councillor Lorentz
indicated that he would not support the recommendation on the principal that volunteer positions
should not be paid, and that this would set an unfavourable precedent.
9. PROPERTY STANDARDS COMMITTEE HONORARIUM - CONT'D
On a motion by Councillor C. Weylie,
it was resolved:
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10.
11
12.
13.
"That effective January 1, 1999, a $75.00 per meeting honorarium be established for none-
elected members of the Property Standards Committee, with any future change in this
remuneration to be determined by Council resolution; and further,
That the Legal Department prepare a by-law to establish the Committee and the by-law to
be incorporated within the City of Kitchener Municipal Code."
CORPORATE SERVICES DEPARTMENT 1998 - 2000 STRATEGIC PLAN
Councillor Ziegler directed that this item be deferred and referred to the November 23, 1998
agenda, and Mayor Zehr asked that it be placed at the beginning of the agenda immediately
following any delegations.
INFORMATION ITEMS
The Committee received, as information, a report from J. Koppeser dated November 3, 1998
concerning the use by K-W Oktoberfest Inc. of the authority delegated by Council in regard to
sales permission. The report was in response to an earlier Committee request.
The Committee then reviewed the unfinished business agenda and Councillor Ziegler asked that
staff provide referral dates for all items on the agenda where these are not presently specified.
Councillor Vrbanovic also agreed to remove the item relating to partnerships between Quebec and
other Provinces, but asked that the item relating to multi-lateral agreements on investments
remain.
NEXT MEETING
The next regularly scheduled meeting of the Finance and Administration Committee will be held on
Monday, November 23, 1998.
ADJOURNMENT
On motion, the meeting adjourned at 12.10 p.m.
G. Sosnoski
Manager of Corporate Records
and Assistant City Clerk