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HomeMy WebLinkAboutFinance & Corp - 2004-11-22FINANCE & CORPORATE SERVICES COMMITTEE MINUTES NOVEMBER 22, 2004 CITY OF KITCHENER The Finance and Corporate Services Committee met this date, commencing at 1:05 p.m. Present: Chair - Councillor B. Vrbanovic Mayor C. Zehr and Councillors C. Weylie, J. Smola, J. Gazzola, M. Galloway and G. Lorentz. Staff: C. Ladd, Chief Administrator Officer R. Browning, Office of the CAO G. Stewart, General Manager, Development and Technical Services P. Houston, General Manager, Financial Services & City Treasurer G. Sosnoski, General Manager, Corporate Services & City Clerk F. Pizzuto, General Manager, Downtown Development R. Gosse, Director of Legislated Services D. Trask, Acting Fire Chief J. Koppeser, Manager of Licensing J. Sheryer, Assistant City Solicitor D. Gilchrist, Committee Administrator CRPS-04-202 - SUPERBUILD CONTRACTS - VICTORIA STREET RECONSTRUCTION The Committee was in receipt of Corporate Services Department report CRPS-04-202, dated November 17, 2004, recommending agreements with respect to payment of approved funding from the Ontario Superbuild Corporation for Victoria/Park Street Improvement Project. It was resolved: "That The Regional Municipality of Waterloo be requested to execute the Millennium Partnerships Initiative Funding Agreement with the Province of Ontario by its Minister of Municipal Affairs and Housing for the Victoria/Park Street Improvements Project (the 'Funding Agreement'); and, That the Mayor and Clerk be authorized to execute the Agreement between The Regional Municipality of Waterloo and The Corporation of the City of Kitchener in a form satisfactory to the City Solicitor, pursuant to which the City will indemnify and be responsible for all obligations of The Regional Municipality of Waterloo under the Funding Agreement; and further, That the City of Kitchener's Chief Administrative Officer be authorized to sign and submit to the Regional Municipality of Waterloo any and all payment requests, reports, certificates and other documentation required to facilitate requests for disbursements pursuant to the Funding Agreement." CRPS-04-214 - PROPOSED TELE-THEATRE RELOCATION - TURF CLUB INC. At the request of Mr. Sosnoski, the Chair agreed to consider Corporate Services Department report CRPS-04-214, dated November 19, 2004. The report advises of the request of the Turf Club Tele-theatre to relocate to 2880 King Street East, and that the Ontario Racing Commission requires a letter form the Municipality indicating whether or not it has any objections to the operating of a tele-theatre at the specific site. Due to time constraints it is requested that any recommendation from this Committee be considered at the Special Council meeting this date. When questioned, Ms. Koppeser advised staff have received no complaints from police or neighbours with respect to the Turf Club's current operation. NOVEMBER 227 2004 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 146 - CITY OF KITCHENER CRPS-04-214 - PROPOSED TELE-THEATRE RELOCATION - TURF CLUB INC. (CONT'D) It was resolved: "That the City of Kitchener has no objection to the Turf Club Inc. relocating from its present location at 4263B King Street East to 2880 King Street East, Kitchener, subject to the applicant meeting all business licence requirements and obtaining the necessary fire safety approvals; and further, That the City has no objection to the licensing of this facility subject to meeting all liquor licensing, health and safety requirements." MEMORANDUM - 2005 CAPITAL PROJECTS - CENTRE IN THE SQUARE The Committee was in receipt of a memorandum, dated November 17, 2004, from Mr. J. Grant, General Manager, Centre in the Square, requesting $370,000 in additional Capital Funding in 2005, for infrastructure replacement. Attached to the memorandum is background information relating to the request, identifying each replacement and its associated costs. Mr. J. Grant and Ms. S. McMorran were in attendance to represent the request. They stated the projects identified are not suitable for fund raising, and advised that, in addition to the matters identified, the Centre in the Square will be fund raising in 2005, to replace the sound system which will cost over $500,000. They also advised that the Centre has started on a path to identify future capital needs; however, the chiller needed to be replaced this year, which used all the available funds. Mayor Zehr directed staff to determine whether this property is owned by the City of Kitchener, and if it is, recommended it be included in the City's Asset Management Program. He recommended this matter be referred to the Capital Budget review. Councillor Gazzola referred to the Centre in the Square Capital Reserve Fund, and was advised there is not enough money in the fund to cover this work. Mr. Grant further advised he will be recommending to the Centre in the Square Board that the Capital Reserve Fund charges be raised in 2005. Ms. McMorran advised the Centre in the Square needs $0.5M in Capital Funding from the City in 2005, and will be fund raising an additional $0.5M for other Capital Projects in 2005. On motion by Mayor C. Zehr - it was resolved: "That the request of the Centre in the Square for additional Capital Funding of $370,000, in 2005, for: additional funds for an Emergency Power Generator ($85,000), a Heating and Cooling Unit ($130,000), and KWAG C1301 Halon Fire Suppression System Replacement ($155,000), be added to the Capital Forecast and referred to the Capital Budget review." CRPS-04-208 - LODGING HOUSE LICENSING - INFORMATION REPORT The Committee was in receipt of Corporate Services Department report CRPS-04-208, dated November 15, 2004, providing additional information since the matter of Lodging House Licensing was last considered on October 18, 2004. In the report, staff advised there is a new requirement in the proposed By-law for an on-site person at each lodging house to attend to the small day-to-day operations of the house. Staff have advised all licensees of this new requirement, and offered them an opportunity to appear at today's meeting, if they wish to make comments to this Committee. It was noted that Mr. G. Singh had registered as a delegation in this regard, but he was not in attendance. NOVEMBER 227 2004 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 147 - CITY OF KITCHENER CRPS-04-208 - LODGING HOUSE LICENSING - INFORMATION REPORT (CONT'D) Mr. R. Gosse introduced the report, advising of the purpose for the on-site contact for each lodging house. Councillor Weylie questioned whether the licensee will be sent a letter each time staff must contact the on-site person. Mr. Gosse responded the owner will be notified if staff do not receive co-operation form the on-site person. Councillor Weylie directed staff to record all complaints received about each lodging house. Mayor Zehr directed that the licensee be required to notify the City each time their on-site contact person changes. CRPS-04-210 - ICE CREAM TRUCKS - LICENSING - INFORMATION REPORT The Committee was in receipt of Corporate Services Department report CRPS-04-210, dated November 15, 2004, in response to a request from this Committee, on September 27, 2004, for information regarding the possibility of licensing Ice Cream Trucks. Mr. Gosse advised the City's current and proposed By-law governing Refreshment Vehicles does not permit ice cream trucks. He advised that four years ago consideration was given to licensing ice cream trucks, and Council determined it did not wish to do so because of safety concerns. In the report staff provide information with respect to licensing/not licensing of ice cream trucks in other municipalities. Mr. Carter was in attendance to address the Committee in support of not licensing ice cream trucks in the City of Kitchener. He advised that for 20 years he has operated Dicki Dee. He stated that when young children hear the bells on an ice cream tricycle or truck, they are attracted to it, and are not paying attention to their own safety. Further, the ice cream bicycles provide summer jobs for students, and these jobs would be in jeopardy if the City allows ice cream trucks. It was generally agreed that the City continue not to license ice cream trucks. CRPS-04-211 - TEMPORARY VENDORS - PROPOSED BY-LAW AND LICENCE FEES - INFORMATION REPORT The Committee was in receipt of Corporate Services Department report CRPS-04-211, dated November 15, 2004, providing the additional information requested by this Committee on November 1,2004, with respect to the proposed licensing of temporary vendors. Mr. Gosse reminded the Committee that Mr. S. Miller had raised concerns at this Committee's November 1, 2004 meeting, about the dramatic increase in fees he will experience with his flower vendor locations. Since that time, staff have reviewed the proposed fees and investigated the feasibility of reducing administrative costs, which would consequently reduce the licence fee. Mr. Gosse noted the scenario outlined in the report which would allow temporary vendors to apply for several dates, within a two month period, on one application. By doing so, administrative costs could be reduced to some extent. He also noted that the complainant had nine locations; whereas most temporary vendors have only one location. CRPS-04-207 - PROPOSED LICENSING BY-LAWS AND FEES - PUBLIC MEETING PURSUANT TO THE MUNICIPAL ACT The Committee was in receipt of Corporate Services Department report CRPS-04-207, dated November 15, 2004, with respect to a new business licensing by-law for Adult Entertainment. In addition, at the meeting Ms. Koppeser distributed a proposed schedule of fees for this class of licence for 2005, with a comparison to the 2004 fees. It was noted today's meeting is one of the public meetings required under the Municipal Act for consideration of new business licensing by-laws. Further, no recommendation is being sought by staff this date. Final consideration of all the proposed business licensing by-laws will take place at the Finance and Corporate Services Committee meeting scheduled for Monday December 6, 2004. NOVEMBER 227 2004 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 148 - CITY OF KITCHENER CRPS-04-207 - PROPOSED LICENSING BY-LAWS AND FEES - PUBLIC MEETING PURSUANT TO THE MUNICIPAL ACT (CONT'D) Mr. R. Zivkovic was in attendance with respect to this matter and provided all Committee member with copies of his written submission. The written submission outlined two major concerns: unlicensed body rub parlous operate in the City of Kitchener, under the guise of being Aromatherapy or Shiatsu Massage, and strip clubs and body rub parlours should be treated the same in the by-law. Mr. Zivkovic stated that licence fees should be the same for both, and complained about the fact that attendants at strip clubs will not have to obtain licences; whereas attendants at body rub parlours must obtain licences. Mr. Gosse explained the difference in the two types of attendants is that attendants at body rub parlours have physical contact with patrons; whereas, strippers are not supposed to have physical contact with the patrons. Councillor Vrbanovic advised that final consideration of Business Licensing By-laws will take place at the Finance and Corporate Service Committee meeting of Monday December 6, 2004, and the recommendation(s) arising at the December 6, 2004 Committee meeting will be considered at the Special Council meeting to be held the same day. DTS-04-168 DRAFT BY-LAW TO REPEAL AND REPLACE CHAPTER 730 OF THE CITY OF KITCHENER MUNICIPAL CODE WITH RESPECT TO THE KITCHENER FIRE DEPARTMENT The Committee was in receipt of Development and Technical Services Department report DTS-04-168, dated October 26, 2004 recommending approval of a By-law to repeal and replace Chapter 730 (Kitchener Fire Department), of the City of Kitchener Municipal Code. A copy of a draft By-law in this regard is attached to the report. Mr. Trask advised the Committee the new By-law has been updated to reflect the City's present authority under the Fire Protection and Prevention Act, and it clearly defines the services provided. On motion by Councillor G. Lorentz- it was resolved: "That Council approve a By-law at its November 29, 2004 meeting to repeal and replace Chapter 730 (Kitchener Fire Department) of the City of Kitchener Municipal Code, in the form of the Draft By-law attached to Development and Technical Services Department report DTS-04-168." DTS-04-178 - REQUEST FOR CAPITAL FUNDING - URBAN DESIGN IMPROVEMENTS The Committee was in receipt of Development and Technical Services Department report DTS-04-178, dated November 18, 2004, requesting approval in principle to add $100,000 annually, plus inflation, to each year of the 10 Year Capital Forecast for Urban Design Initiatives, with final consideration of including these funds in the Capital Forecast to take place when this Committee undertakes its review of the Capital Budget. On motion by Councillor C. Weylie - it was resolved: "That a new account be added to the Capital Forecast, for Urban Design Initiatives, in the amount of $100,000 per year, plus inflationary increases, for each of the 10 years of the forecast, as outlined in Development and Technical Services report DTS-04-178, and be referred to the Capital Budget review." NOVEMBER 227 2004 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 149 - CITY OF KITCHENER 10. CRPS-04-204 11. 12. - CAPITAL BUDGET - REPOINTING BRICKWORK - FORMER REGISTRY BUILDING The Committee was in receipt of Corporate Services Department report CRPS-04-204, dated November 15, 2004, requesting that funds be allocated in the 2005 Capital Budget to repoint brickwork at 122 Frederick Street former Registry Building). Mayor Zehr noted this property ~s owned by the City of Kitchener and is occupied by the Registry Theatre. He suggested this building should also be included in the City's Asset Management Program. On motion by Mayor C. Zehr - it was resolved: "That $60,000 in Year 2005 be added to the 10 Year Capital Forecast to allow repointing of brickwork at 122 Frederick Street (former Registry Building) as outlined in Corporate Services Department report CRPS-04-204, and be referred to the Capital Budget review." FIN-04-053 - STATEMENT OF LEASE FINANCING - POLICY AND GOALS The Committee was in receipt of Financial Services Department report FIN-04-053, dated November 16, 2004, in response to a new requirement in the Municipal Act for municipalities that utilize leasing as a means to acquire Capital property and equipment. The Act requires Municipalities to adopt a Statement of Lease and Financing Policy and Goals. A copy of the proposed policy is attached to the staff report. Ms. Houston introduced the report and explained the approval process, as outlined in the proposed policy. She advised it is up to Council to decided if they want external advice. At the request of Mayor C. Zehr, Ms. Houston agreed to determine whether the Region of Waterloo has the authority to approve or disallow a lease. On motion by Mayor C. Zehr - it was resolved: "That the draft Council Policy titled 'Leasing Policy and Goals', as attached to Financial Services Department report FIN-04-053, be approved." FIN-04-051 - MUNICIPAL PROPERTY TAX DEFERRAL PROGRAM At the request of Councillor B. Vrbanovic, Councillor M. Galloway assumed the Chair at this time, to allow Councillor Vrbanovic to participate in discussions on the matter. The Committee was in receipt of Financial Services Department report FIN-04-051, dated November 5, 2004, providing additional research on the Municipal Property Tax Deferral Program endorsed by the City of Woodstock, on September 16, 2004. In the report staff advise that a similar property tax deferral program is offered in British Columbia, which is centrally administered by the Province. Staff recommend this Committee support the City of Woodstock resolution, including a clause that the program be administered centrally, by the Province, which would be more cost effective. Ms. Houston addressed the Committee recommending the City encourage legislation to permit a Municipal Property Tax Deferral Program, subject to it being centrally administered. She stated it is important to know how many people would apply for this deferral program, as over a 10 year period it could cause the City a cash flow problem. Councillor Vrbanovic spoke in support of the City of Woodstock resolution, advising that such a program could allow as much as $250 per month to be spent by Iow income seniors and disabled people on other living expenses. Such a program may allow seniors and disabled people an opportunity to live in their own homes longer. NOVEMBER 227 2004 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 150 - CITY OF KITCHENER 12. FIN-04-051 - MUNICIPAL PROPERTY TAX DEFERRAL PROGRAM (CONT'D) Mayor Zehr questioned the total amount, per property, which could be deferred, and Councillor Vrbanovic advised his understanding that the British Columbia program permits a maximum of 25% of the property's equity. Mayor Zehr questioned whether the City has any other Tax Deferral Programs, and was advised that the City has a program which allows a deferral of only the increase in property taxes. Councillor Gazzola noted that the City of Woodstock resolution was to be circulated to seniors' groups for comment, and Councillor Vrbanovic advised it will be circulated to the Mayor's Advisory Committee for Seniors. When questioned, Ms. Houston advised that if the Province does not pass legislation permitting a Municipal Property Tax Deferral Program, the only way Kitchener could introduce one of its own is by private legislation. Councillor Lorentz questioned why the City would not assist renters in some way, and it was noted there are already some programs in place, such as affordable housing. Councillor Weylie spoke in opposition to a Tax Deferral Program, suggesting property owner may not understand what is involved, and may not have sufficient funds available in the future if they need long-term care. Councillor Gazzola spoke in support of a Tax Deferral Program of this nature, suggesting it could help a lot of people. He suggested the City should continue to investigate such a program. Mayor Zehr recommended investigating how the City could educate people about a Tax Deferral Program. He stated there must be full disclosure as to what would happen if someone applies to the program. Councillor Gazzola stated he wants the City of Woodstock resolution circulated to seniors' groups for input prior to this matter being considered by Council. On motion by Councillor B. Vrbanovic - it was resolved: "WHEREAS the province of British Columbia successfully provides a Property Tax Deferment Program allowing residents to defer payment of their annual municipal property taxes on their principal residence if they are: 60 years or older or a disabled person as defined by Regulation and are a Canadian Citizen or landed immigrant who lives in British Columbia; and, WHEREAS many Ontario seniors and disabled persons believed they had retired in good financial shape with a satisfactory fixed pension, only to discover over a period of time that: increases in auto insurance, the cost of home maintenance and repairs, steadily increasing municipal property taxes, and the development of holes in health care system, have started to erode their retirement savings; and, WHEREAS municipalities should provide a modern, innovative financing alternative to assist senior homeowners and disabled persons to remain living longer in their principal residences next to life long neighbours who indirectly provide them with a measure of safety, security, and friendship; and, WHEREAS a flexible program can be implemented for Iow income seniors and disabled persons to defer payment of, all or part of, their annual municipal property taxes utilizing the equity in their principal residence as security; and, WHEREAS this ability to defer payment of municipal taxes would, in effect, provide Iow income seniors and disabled persons with an additional amount of income to significantly supplement their annual pension income; and, FINANCE & CORPORATE SERVICES COMMITTEE MINUTES NOVEMBER 227 2004 - 151 - CITY OF KITCHENER 12. FIN-04-051 - MUNICIPAL PROPERTY TAX DEFERRAL PROGRAM (CONT'D) WHEREAS this would allow senior homeowners and disabled persons to further enjoy the benefits of home ownership, improve their standard of living today, while using their home equity to pay property taxes tomorrow; and, WHEREAS a tax deferral program may not be right for everybody, it does allow each person to make the individual decision for themselves, and many seniors and disabled persons would appreciate knowing that a financial assistance plan has been designed by their municipality is in place should an unforeseen changes in their retirement finances circumstances occur; NOW THEREFORE BE IT RESOLVED that the Premier of the Province of Ontario, and the Minister of Municipal Affairs and Housing also responsible for Seniors, be implored to take immediate action to amend Section 319 of the Ontario Municipal Act that deals with Tax Deferrals for relief from financial hardships and introduce amendments to allow each single-tier and lower-tier municipality the opportunity to provide a Municipal Property Tax Deferral Program targeted towards Iow income seniors and disabled persons as defined by Regulation; and, That the Province of Ontario be encouraged to administer such a program centrally; and further, That a copy of this resolution be forwarded to all municipalities in Ontario with a population of 100,000 or more, and the Association of Municipalities of Ontario, for their support." Councillor Vrbanovic resumed the Chair at this time. 13. CRPS-04-209 - APPEAL - MUNICIPAL CODE CHAPTER 586 (REFRESHMENT VEHICLE) - 385 FAIRWAY ROAD SOUTH The Committee was in receipt of Corporate Services Department report CRPS-04-209, dated November 8, 2004, seeking the Committee's direction with respect to an appeal filed by Mr. D. Wysocki to the decision of the Manger of Licensing not to issue him a licence to operate a hot dog cart at 385 Fairway Road South. In the report, staff advise the City of Kitchener Municipal Code Chapter 586 (Refreshment Vehicles) prohibits the operation of a refreshment vehicle within 200 meters of a licensed Place of Refreshment, and there are 25 places of refreshment within the 200 meter separation distance. It was noted by the Chair that although Mr. Wysocki, the appellant, had registered as a delegation, he was not in attendance. On motion by Councillor J. Gazzola- it was resolved: "That consideration of the request of Dariusz Wysocki to locate a hot dog cart at 385 Fairway Road, Kitchener, contrary to the provisions of Chapter 586 (Refreshment Vehicles) of the City of Kitchener Municipal Code, be deferred and referred to the Finance and Corporate Services Committee meeting scheduled for December 6, 2004." 14. 2005 FEES AND CHARGES Councillor B. Vrbanovic advised that 2005 Fees and Charges will be considered at the Special Finance and Corporate Services Committee meeting of December 13, 2004, rather than being considered by the Committee on December 6, 2004; as 2 members of the Committee will be absent on December 6, 2004. NOVEMBER 227 2004 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 152 - CITY OF KITCHENER 15. ADJOURNMENT On motion, the meeting adjourned at 2:15 p.m. Dianne Gilchrist Committee Administrator