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HomeMy WebLinkAboutCouncil Minutes - 2024-10-28 SSpecial Council Meeting Minutes October 28, 2024, 4:30 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 P. Singh Councillor B. loannidis Councillor M. Johnston Councillor D. Chapman Councillor S. Stretch Absent: Councillor A. Owodunni 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 B. Cronkite, Director, Transportation Services A. Fusco, Director Legislated Services / City Clerk D. Saunderson, Deputy Clerk 1 1. Commencement A meeting of City Council was held at 4:39 p.m. this date, chaired by Mayor B. Vrbanovic. Notice of this meeting had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. The meeting began with a Land Acknowledgement given by the Mayor. Councillor P. Singh left the meeting at this time. 2. Disclosure of Pecuniary Interest and the General Nature Thereof None. 3. Mayoral Business and Updates - Mayor B. Vrbanovic None. 4. Notice of Motion - B. loannidis - Municipal Speed Camera Program - Region of Waterloo Councillor P. Singh returned to the meeting at this time. Council considered a Notice of Motion brought forward by Councillor B. loannidis, which was seconded by Councillor S. Davey, related to the City's partnership with the Region of Waterloo and the use of Automated Speed Enforcement (ASE) on municipal streets. J. Readman, General Manager, Development Services and B. Cronkite, Director, Transportation Services, was in attendance to respond to questions from Council. Councillor Michaud expressed concerns with Councillor B. loannidis's motion, questioning whether an amendment could be brought forward to proceed with the implementation, while continuing discussions with the Region to achieve the Memorandum of Understanding. Mayor B. Vrbanovic advised that an amendment of that nature would be contrary to the proposed motion and could only be brought forward for consideration if the main motion failed. Councillor M. Johnston entered the meeting at this time. In response to questions from Council, D. Chapman and B. Cronkite clarified Regional timelines noting the Region is working on approved 2024 locations now and identified locations of approved Kitchener ASEs including Franklin Avenue, West Heights Drive, and upcoming phases on Zeller Dr, Glasgow Road, and East Avenue. Councillor P. Singh left and returned to the meeting at this time. E Councillor D. Schnider brought forward an amendment, which was seconded by Councillor P. Singh, to include an additional clause "that until such time as Kitchener Council has approved an MOU with the Region, or other operational model, staff be directed to investigate and report back on whether the City could be appointed an ASE provider, including exploring potential external service provider options." It was further suggested and agreed that the clause noting pausing the implementation should also reflect the option to allow for potential implementation to proceed under an alternative operational model, pending the report back from staff. Councillor S. Davey brought forward a further amendment, which was seconded by Councillor J. Deneault, to amend the first operational clause to reflect pausing current and future installations and removal of "(beyond any locations already approved)". A recorded vote was requested. Councillor S. Davey's amendment was then voted on and was Carried on a recorded vote, with Mayor B. Vrbanovic and Councillors S. Davey, J. Deneault, B. loannidis, D. Schnider, P. Singh and S. Stretch voting in favour; and, Councillors D. Chapman, M. Johnston and C. Michaud voting in opposition. Councillor D. Schnider's amendment was then voted on and was Carried unanimously on a recorded vote. The following motion was then voted on, on a recorded vote. Moved by Councillor B. loannidis Seconded by Councillor S. Davey "WHEREAS on October 5th, 2020 City of Kitchener Council approved the use of Automated Speed Enforcement (ASE) on municipal streets in accordance with O.Reg. 398/19 under the Highway Traffic Act.; and, WHEREAS a formal agreement between the Regional Municipality of Waterloo and the Corporation of the City of Kitchener has not yet been negotiated between the parties to outline the installation, administration, enforcement, and operation of the automated speed enforcement program on City roads; and, WHEREAS the Regional Municipality of Waterloo currently enforces ASE using the Provincial Offences Act (POA) which sets fines in accordance with the Highway Traffic Act Sections 128(14); and, 3 WHEREAS in 2022 the Province of Ontario enacted Ontario Regulation 355/22 which facilitates the processing of administrative penalties for contraventions detected using camera systems; and, WHEREAS the Region has changed their model of enforcement and will be moving to an administrative penalty (AMP) system in accordance with O. Reg 355/22; and, WHEREAS the fines in O. Reg 355/22 are an approximate doubling of fine amounts set out in section 128(14) of the Highway Traffic Act and this increase causes concern for the City of Kitchener; and, WHEREAS the City approved in May 2024 through Vision Zero the implementation of three additional ASEs, on local roads under the jurisdiction of the municipality; THEREFORE BE IT RESOLVED that the City of Kitchener pause current and future installation of ASEs on roads under the jurisdiction of the City of Kitchener until such time as Kitchener Council has approved a Memorandum of Understanding with the Region of Waterloo, or other operational model, that outlines revenue sharing and the ability for City of Kitchener Council to amend operating times of ASE cameras, should they choose to do so at any time, on City of Kitchener roads; and, THEREFORE BE IT FURTHER RESOLVED that staff be directed to investigate and report back on whether the City could be appointed an ASE provider, including exploring potential external service provider options; and, THEREFORE BE IT FINALLY RESOLVED that the City of Kitchener Council requests that the Ontario provincial government amend Ontario Regulation 355/22 to reduce the set fines to a level that is similar to the fines set out in the Highway Traffic Act Section 128 (14)." In Favour (8): Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor J. Deneault, Councillor P. Singh, Councillor B. loannidis, Councillor M. Johnston, and Councillor S. Stretch Contra (2): Councillor C. Michaud, and Councillor D. Chapman Carried, as amended, on a recorded vote (8 to 2) M 5. In -camera Meeting Authorization Moved by Councillor S. Stretch Seconded by Councillor J. Deneault "That an in -camera meeting of City Council be held immediately following the special council meeting this date to consider a labour relations matter, matter related to security of property and a solicitor / client privilege matter as authorized by Sections 239 (a) (d) and (f) of the Municipal Act, 2001, respectively." Carried 6. Recess and Reconvene The Special Council meeting then recessed at 5:33 p.m. and reconvened at 7:07 p.m., chaired by Mayor B. Vrbanovic, with all members present. 7. Matters arising from the in -camera meeting 7.1 Employee and Labour Relations Matter (Labour Relations Matter - Section 239 (d)), COR -2024-469 Moved by Councillor B. loannidis Seconded by Councillor D. Chapman "That staff be directed to proceed in accordance with the in -camera direction in Report COR -2024-469 on October 21, 2024, regarding a labour relations matter which also relates to personally identifiable individuals." Carried 7.2 Security of City Infrastructure (Security of Property - Section 239 (a)), CAO - 2024 -461 Moved by Councillor C. Michaud Seconded by Councillor S. Davey "That staff be directed to proceed with various initiatives to address the risk associated to the Security of Physical and Digital City Infrastructure as discussed through the in -camera meeting this date; and further, That any matters requiring further budget approvals, be forwarded to the 2025 budget process." Carried l 8. By-laws 8.1 Three Readings Moved by Councillor B. loannidis Seconded by Councillor S. Stretch "That the by-laws be given third reading, namely: 8.1.a To confirm all actions and proceedings of the Council for October 28, 2024. 9. Adjournment On motion the meeting adjourned at 7:10 p.m. Mayor (By-law 2024-186) Carried 0