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Home My WebLink AboutFCS Minutes - 2024-01-08 Finance and Corporate Services Committee Minutes January 8, 2024, 1:30 p.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 Present: Mayor B. Vrbanovic Councillor S. Davey Councillor D. Schnider Councillor J. Deneault Councillor C. Michaud Councillor A. Owodunni Councillor P. Singh Councillor B. Ioannidis Councillor M. Johnston Councillor D. Chapman Staff: D. Chapman, Chief Administrative Officer M. May, General Manager, Community Services and Deputy Chief Administrator V. Raab, General Manager, Corporate Services J. Readman, General Manager, Development Services J. Lautenbach, Chief Financial Officer, Financial Services D. McGoldrick, General Manager, Infrastructure Services G. MacNeil, Director, By-law Enforcement A. Fusco, Director Legislated Services / City Clerk D. Saunderson, Deputy Clerk M. Blake, Committee Administrator M. Mills, Committee Administrator _____________________________________________________________________ 1 1. Commencement The Finance and Corporate Services Committee held a meeting this date commencing at 1:34 p.m. 2. Disclosure of Pecuniary Interest and the General Nature Thereof None. 3. Consent 3.1 Appointment of Hearing Officers - Administrative Monetary Penalties System (AMPS), CSD-2023-516 The Committee considered Community Services Department report CSD-2023- 516, dated December 18, 2023 recommending approval of the existing per diem honorarium and indemnification of Hearing Officers as outlined in the Report. Any recommendation arising from this matter would be considered at a Special Council meeting later this date. On motion by Councillor P. Singh it was resolved: "That Ben Drory, Daniela Corapi, Janet Rutherford, Emile Ramlochan and Kristine Fletcher, be appointed, as Administrative Monetary Penalty - Parking Administrative Penalty Bylaws, for a term ending December 2026, or on a date as determined by Council or otherwise in accordance as outlined in Community Services Department report CSD-2023-516; and, That the existing per diem honorarium of $260/half day and $520/full day Program, be approved; and, By-law as they are providing a service to the City for which they will receive an honorarium; and further, That the City Clerk be delegated the authority to execute an agreement, on terms satisfactory to the City Solicitor, between the City and the respective Hearing Officers." Carried 2 4. Discussion Items 4.1 Method to Fill a Vacancy for Office of Councillor, Ward 10, COR-2024-007 The Committee considered Corporate Services Department report COR-2024- 007, dated December 21, 2023 regarding the options to fill a vacancy for the Office of Councillor, Ward 10. A. Fusco presented the report noting the Municipal Act 2001 (Act) and Municipal Elections Act require Council fill the vacancy by appointment or by calling a By- election. A. Fusco outlined three options should Council choose to fill the vacancy by appointment, as outlined in Corporate Services Department report, COR-2024-007. It was noted any recommendation arising from this matter would be considered at a Special Council meeting later this date. S. Albrecht addressed the Committee in support of Option 1A, appointment of a Ward 10 Candidate from the 2022 Municipal Election, due to the democratic nature of the process and the similarity in election platforms from the previously elected candidate and the runner-up. S. Guthrie addressed the Committee in support of appointing a citizen assembly advisory group composed of Ward 10 voters to appoint the Office of Councilor vacancy. B. Wallace addressed the Committee in support of conducting a By-election to fill the vacancy of the Ward 10 Office. Councillor P. Singh moved that Council selects Option 1A (Appointment of 2022 Municipal Election Candidate Stephanie Stretch) as presented in Corporate Services report COR-2024-007 Method to Fill a Vacancy for Office of Councillor, Ward 10, with an additional clause noting that the City Clerk be directed to confirm qualifications and consent of the candidate and bring forward the Appointment By-law for adoption to the next Council meeting. A recorded vote was requested. On motion by Councillor P. Singh it was resolved: "That Council selects option # 1A (Appointment of 2022 Municipal Election Candidate Stephanie Stretch) as presented in Corporate Services report COR-2024-007 Method to Fill a Vacancy for Office of Councillor, Ward 10; and further, 3 That the City Clerk be directed to confirm qualifications and consent of the candidate and bring forward the Appointment By-law for adoption to the next Council meeting." In Favour (8): Mayor B. Vrbanovic, Councillor S. Davey, Councillor J. Deneault, Councillor C. Michaud, Councillor A. Owodunni, Councillor P. Singh, Councillor B. Ioannidis, and Councillor M. Johnston Contra (2): Councillor D. Schnider, and Councillor D. Chapman Carried, on a recorded vote (8 to 2) 4.2 Administrative Penalty System - Other Bylaw Offences, CSD-2023-121 The Committee considered Community Services Department report CSD-2023- 121, dated December 18, 2023 recommending approval of the expansion of the Administrative Penalty System, offences by-laws, and amendments to existing bylaws as outlined in the Report. G. MacNeil, Director of Enforcement presented the report, noting staff are proposing the transition of non-parking related by-laws such as noise, graffiti, snow and ice removal from sidewalks, and signs from the traditional court system under the Provincial Offences Act (POA) to an Administrative Monetary Penalty System (AMPS). On motion by Councillor D. Chapman it was resolved: "That City Council authorize and direct staff to expand the Administrative Monetary Penalty System, as set out in Community Services Department report CSD-2023-121; and, That City Council approve the Administrative Penalty By-law for Non- Parking By-laws (Schedule A); and, That City Council approve the By-law to repeal and replace By-law 2019- 040, being the Screening and Hearing Officer By-law (Schedule B); and, That City Council approve amendments to the following By-laws: o Parks By-law Chapter 270, as amended o Animals Regulations Chapter 408, as amended o Dog Designations Chapter 420, as amended 4 o Responsible Dog Ownership Chapter 421, as amended o Noise By-law Chapter 450, as amended o Public Nuisances - Chapter 467, as amended o Management of Shopping Carts Chapter 475, as amended o Alternative Massage Centres Chapter 508, as amended o Fences Chapter 630, as amended o Graffiti Chapter 637, as amended o Heat in Rented Dwellings Chapter 640, as amended o Lot Maintenance Chapter 650, as amended o Standards of Maintenance and Occupancy of Property Chapter 665, as amended o Signs Chapter 680, as amended o Snow and Ice Removal from Roofs and Sidewalks Chapter 687, as amended o Trees Chapter 690, as amended o Tree Protection-Destruction-Injury Chapter 691, as amended o Vacant Building Secured Chapter 694, as amended o Open Air Burning Chapter 711, as amended o Fireworks and Fire Crackers Chapter 739, as amended o Vehicles Tracking or Spilling Soil onto Public Streets and Construction Vehicles Chapter 820, as amended o Excavations within Highways Chapter 827, as amended o Hedges and Other Objects Traffic Hazards Chapter 842, as amended o Work Permit Work on Roadways Chapter 890, as amended o Boulevard Beautification and Maintenance Chapter 895, as amended; and further, That City Council approve the amendments to the following policies relating to the Administrative Monetary Penalty System: o GOV-COU-2015 - Conflict of Interest and Code of Conduct 5 o GOV-COU-2016 Public Complaints o GOV-COU-2017 - Recruitment and Selection of Screening and Hearing Officers o GOV-COU-2018 - Financial Management and Reporting o GOV-COU-2019 - Preventing Political Interference o GOV-COU-2020 - Undue Hardship." Carried 5. Information Items 5.1 None 6. Adjournment On motion, this meeting adjourned at approximately 3:10 p.m. Mariah Blake Committee Coordinator 6