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HomeMy WebLinkAboutFinance & Corp - 2004-09-13FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 13~ 2004 CITY OF KITCHENER The Finance and Corporate Services Committee met this date, commencing at 1:40 p.m. Present: Chair - Councillor B. Vrbanovic Mayor C. Zehr and Councillors J. Smola, J. Gazzola and G. Lorentz. Councillor M. Galloway, in attendance for part of the meeting. Staff: C. Ladd, Chief Administrator Officer P. Houston, General Manager, Financial Services & City Treasurer G. Stewart, General Manager, Development & Technical Services G. Sosnoski, General Manager, Corporate Services, City Clerk F. Pizzuto, General Manager, Downtown Development R. Browning, Acting General Manager, Strategic Services S. Turner, Director of By-law Enforcement R. Gosse, Director of Legislated Services J. Evans, Director of Revenue R. Pitfield, Director, Corporate Communications and Marketing L. MacDonald, Director of Legal Services, City Solicitor F. McCrea, Assistant City Solicitor J. Sheryer, Assistant City Solicitor K. Carmichael, Supervisor, Traffic and Parking K. Kugler, Manager, Kitchener Memorial Auditorium and Arenas C. Goodeve, Committee Administrator D. Ross, Senior Planner D. Gilchrist, Committee Administrator CSD-04-154 - KIWANIS ARENA COMPRESSOR REPLACEMENT - ADDITION TO CAPITAL FORECAST The Committee was in receipt of Community Services Department report CSD-04-154, dated September 8, 2004, recommending funds be added, in 2014, to the 10 Year Capital Forecast to replace the Kiwanis Arena Compressor. It was resolved: "That funding of $95,000 (2004 cost) to replace the Kiwanis Arena Compressor be included in the year 2014 of the 10 Year Capital Forecast." CORRESPONDENCE FROM KITCHENER-WILMOT HYDRO INC. - ELECTION OF DIRECTORS TO KITCHENER-WILMOT HYDRO INC. AND KITCHENER ENERGY SERVICES The Committee was in receipt of correspondence from Mr. R. Charie, President and CEO of Kitchener-Wilmot Hydro Inc., dated June 18, 2004, with respect to a request received from the Council - Elect, on November 21, 2003, concerning the feasibility of amending the by-laws of Kitchener Power Corporation Board to allow Council to make appointments of Directors to Kitchener-Wilmot Hydro Inc. and Kitchener Energy Services Inc. Mr. Charie was in attendance to answer any questions the Committee might have in this regard. Mr. Charie noted the Ontario Energy Board will be undertaking a review of governance. The purpose of the review is to ensure each local distribution company has qualified competent directors to properly run the company. It will also ensure there is an arms length relationship between Kitchener-Wilmot Hydro Inc. and its holding company. REQUEST FOR EXEMPTION FROM CITY OF KITCHENER MUNICIPAL CODE CHAPTER 842 (HEDGES - OTHER OBJECTS, TRAFFIC HAZARDS) - MICHAEL AND BONNIE CHOW 48 ELLEN STREET WEST KITCHENER The Committee was in receipt of correspondence from Michael and Bonnie Chow, 48 Ellen Street West, Kitchener, dated September 7, 2004, in response to a notice they received from the City's By-law Enforcement Staff to reduce the height of the bush located in their corner visibility triangle. In their correspondence Mr. and Mrs. Chow advised the corner in question is at a little used lane way, the bush in the corner visibility triangle does not interfere with the traffic along Ellen Street, and is not a hazard. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 13, 2004 -116- CITY OF KITCHENER REQUEST FOR EXEMPTION FROM CITY OF KITCHENER MUNICIPAL CODE CHAPTER 842 (HEDGES - OTHER OBJECTS, TRAFFIC HAZARDS) - MICHAEL AND BONNIE CHOW 48 ELLEN STREET WEST KITCHENER (CONT'D) Mr. Chow advised the Committee that since submitting their letter, he and his wife have spoken with Mr. S. Turner, and they believe their issue can be resolved with staff. However, they reserve the right to come before this Committee if the issue can not be resolved to their satisfaction. CRPS-04-165 - PROPOSED LAND EXCHANGE WITH FREURE DEVELOPMENT LIMITED PART OF CLOSED DOON VALLEY DRIVE AND PARK OF WILLOW LAKE PARK The Committee was in receipt of Corporate Services Department report CRPS-04-165, dated September 8, 2004, with respect to a land exchange between the City and Freure Development Limited of lands formerly part of Daan Valley Drive, now closed, and part of Willow Lake Park. Mr. E. Sauleslja, GSP Group, was in attendance on behalf of Freure Development, to answer any questions the Committee might have. Mr. J. Redmond was in attendance on behalf of Pieter Vas Ltd. to answer questions. Both parties are in support of the staff recommendation. Ms. McCrea explained the two property owners have come to the City to request the City receive the conveyances of those parts of closed Daan Valley Drive, as outlined in the recommendation, in order to complete the transactions agreed to in the Minutes of Settlement. In exchange, it is proposed the City will declare a similarly sized portion of land, being part of Willow Lake Park, surplus to the City's needs, and this land will be exchanged for the portion of the closed Daan Valley Drive to be received by the City. Ms. D. Ross explained the portion of the closed road to be received by the City is consistent with the past-1851 alignment of the former Huron Road. The land can become part of the community trail, and facilitate a loop trail through the Daan South Community to Willow Lake Park. When questioned as to any concerns the area residents may have with this community trail, Ms. Ross advised the land is presently used as a trail; however, staff will talk to area residents. She advised the trail dead ends at Homer Watson Boulevard, and the intention is to make a trail loop up to Willow Lake Park. Further, it was noted that the vacant land to the west of the Freure land is owned by the City. Councillor Gazzola requested a more detailed map showing how this trail will link with the others in the area. On motion by Mayor C. Zehr - it was resolved: "That the City accept the conveyance of title to Part of Doon Valley Drive (Closed by By- law No. 92-34) designated as Part 5 and Part of Part 2 on Reference plan 58R-7422, subject to easements for access over Part 5 in favour of abutting lands owned by Pieter Vas (2001) and James and Linda Taleski, for the purposes of a community trail; and, That Council hereby declares that the parcel of land 4.5 metres wide abutting the length of the northerly boundary of the lands owned by Freure Developments Limited, with an area of 0.10ha, is surplus to the City's needs; and, That in exchange for the conveyance of title to that part of Doon Valley Drive (Closed by By-law No. 92-34) designated as part of Part 2 on Reference Plan 58R-7422, the City convey to Freure Developments Limited a parcel of land abutting the northerly boundary of the parcel owned by Freure Development Limited 4.5metres wide, with an area of 0.10ha; and further, FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 13, 2004 -117- CITY OF KITCHENER CRPS-04-165 - PROPOSED LAND EXCHANGE WITH FREURE DEVELOPMENT LIMITED - PART OF CLOSED DOON VALLEY DRIVE AND PARK OF WILLOW LAKE PARK (CONT'D) That the Mayor and Clerk are authorized to execute such land transfer and related documentation, as approved by the City Solicitor, to give effect to the aforesaid conveyances." 5. CRPS-04-163 - RETENTION OF OUTSIDE LEGAL SERVICES (OUT SOURCING) The Committee was in receipt of Corporate Services Department report CRPS-04-163, dated September 8, 2004, providing information, as requested by Council, on the circumstances under which the City would retain outside legal services. Ms. MacDonald advised that in addition to the five categories outlined in her report, she is working on a request for proposal for contract Environmental Legal Services. The intention is to have a group of lawyers with a variety of expertise in the area of Environmental Law, from which the City can choose. Ms. MacDonald further advised that the choice of lawyer is arrived at through discussions amongst Legal Services staff, consultation with other lawyers in the community, and discussions with Council. Mayor Zehr suggested that in those instances where staff are not required to come to Council, that lawyer selection be discussed with the General Manager of Corporate Services and/or the CA©. 6. FIN-04-041 - PROPOSED COLLECTION POLICY - UTILITIES The Committee was in receipt of Financial Services Department report FIN-04-041, dated September 3, 2004, recommending a new Council Policy with respect to improving practices and procedures for collecting unpaid utility bills. A copy of the proposed Policy is attached to the staff report. Councillor M. Galloway entered the meeting during the discussion on this report. Ms. J. Evans was in attendance to introduce the report and answer questions from the Committee. Councillor Gazzola questioned why the City would not pass a by-law to add tenants utility arrears to the tax roll, if it is possible to do so. He suggested passing such a by-law but using discretion in exercising this right. Ms. Evans responded the City of London passed such a by-law, and there was a public out cry against it. The City of Toronto passed such a by-law, but has not implemented it, as they are still developing a protocol. Ms. Houston noted that staff have not recommended passing a by-law to recover tenant utility arrears on the property owner's taxes, as landlords would find it difficult to recover this money. Staff are now attempting to recover unpaid utilities directly from the tenants. Ms. Evans advised that landlords are not aware their tenants have utility arrears until the gas is cut off. Ms. L. MacDonald confirmed that the City is not permitted to share information about a tenant's payment history with the landlord without the written permission of the tenant. Mayor Zehr questioned the staff target for uncollectable accounts at 0.4% of revenues, noting the current rate is better than that. Ms. Evans responded staff have just commenced the collection process this year, and she wants the target to be realistic. Mayor Zehr responded the target should be set at 0.3%, and this target should be part of the Policy. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 13, 2004 -118- CITY OF KITCHENER 6. FIN-04-041 - PROPOSED COLLECTION POLICY - UTILITIES (CONT'D) The definition of "Good Payment History" was questioned, and Ms. Evans responded a letter from the customer's previous utility is required. Councillor Vrbanovic suggested putting a statement on the contract stating the City will share financial information records through credit checks. Ms. Houston advised staff will investigate whether credit checks are worth while. Councillor Galloway questioned whether other forms of credit checks are available, other than reference letters from other utilities, and stated he is not in support of the proposed Policy as written. Mayor Zehr put forward the recommendation in the staff report, as amended to include a 0.3% target for uncollectables, and an expanded definition of "Good Payment History". Councillor Vrbanovic requested staff to report on the possibility of doing credit checks. On motion Mayor C. Zehr - it was resolved: "That the Policy titled 'Collections - Utilities' as attached to Financial Services Department report FIN-04-041 be approved, as amended, to include the following: (a) inclusion of a target uncollectable rate of 0.3% of revenues; and, (b) an expanded definition of 'Good Payment History' to allow the City to obtain detailed information on a prospective customer's payment history; and further, That staff report to Council on the City's ability to undertake credit checks for prospective utility customers, including all costs involved in doing so." 7. CRPS-04-160 - DISCONTINUING THE APPLICATION OF THE LINE FENCES ACT The Committee was in receipt of Corporate Services Department report CRPS-04-160, dated August 31, 2004, recommending the passing of a by-law to discontinue the application of the Line Fences Act in the City of Kitchener. In the report, staff advised the costs of administering the Line Fences Act far exceed the fees collected. Mr. R. Gosse introduced Mr. C. Goodeve, Committee Administrator, a new member of staff in the Office of the City Clerk, who was welcomed by the Committee. Mr. Goodeve introduced the report and upon questioning noted the experience of other Ontario Municipalities who either passed a by-law to discontinue the application of the Line Fences Act, or raised the fee to a point of being prohibitive. On motion by Councillor G. Lorentz - it was resolved: "That Council enact a by-law, pursuant to Section 98 of the Municipal Act, 2001, to discontinue the application of the Line Fences Act in the City of Kitchener." 8. CRPS-04-162 - ADVISORY COMMITTEE REVIEW The Committee was in receipt of Corporate Services Department report CRPS-04-162, dated September 7, 2004, providing a review of Council's Advisory Committees, recommending changes to the terms of office for members for those Committees and the establishment of some permanent sub-committees. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 13, 2004 - 119 - CITY OF KITCHENER CRPS-04-162 - ADVISORY COMMITTEE REVIEW (CONT'D) On motion by Mayor C. Zehr - it was resolved: "That the Terms of Reference for the Arts & Culture Advisory Committee, Safe & Healthy Community Advisory Committee, Environmental Committee, Aeronautical Noise Advisory Committee, Downtown Advisory Committee, Heritage Kitchener, and Property Standards Committee be amended by changing the length of appointment to the committees from one year to two years; and, That the Terms of Reference for the Arts & Culture Advisory Committee, Safe & Healthy Community Advisory Committee, Environmental Committee, Downtown Advisory Committee, Heritage Kitchener be amended by defining a quorum as five members of the Committee; and, That the Public Art Working Group be established as a permanent sub-committee of the Arts & Culture Advisory Committee, and a Terms of Reference for this sub- committee be submitted to the September 27, 2004 Finance & Corporate Services Committee meeting for consideration; and further, That the Terms of Reference for the Arts & Culture Advisory Committee be amended to reflect the establishment of the Public Art Working Group as a permanent sub- committee." ADJOURNMENT On motion, the meeting adjourned at 2:40 p.m. Dianne Gilchrist Committee Administrator