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HomeMy WebLinkAboutFin & Corp Svcs - 2005-07-04 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JULY 4 2005 CITY OF KITCHENER The Finance and Corporate Services Committee met this date, commencing at 3:38 p.m. Present: Councillor B. Vrbanovic - Chair, was in attendance for part of this meeting. Mayor C. Zehr and Councillors J. Gazzola, M. Galloway, G. Lorentz and C. Weylie. Councillor J. Smola was in attendance for part of this meeting. Staff: C. Ladd, Chief Administrative Officer P. Houston, General Manager, Financial Services & City Treasurer G. Stewart, General Manager, Development & Technical Services G. Sosnoski, General Manager of Corporate Services & City Clerk R. Gosse, Director of Legislated Services S. Turner, Director of Enforcement K. Currier, Director of Operations S. Adams, Director of Community & Corporate Planning F. McCrea, Assistant City Solicitor J. Sheryer, Assistant City Solicitor C. Tarling, Manager of Corporate Records L. Palubeski, Supervisor, Program & Resource Services C. Goodeve, Committee Administrator 1. CRPS-05-108 - RECORDS RETENTION BY-LAW AND SCHEDULE - DELEGATION OF APPROVAL AUTHORITY - RETENTION SCHEDULE The Committee was in receipt of Corporate Services Department report CRPS-05-108, dated June 9, 2005 regarding a new Records Retention By-law. Mr. R. Gosse advised that staff are requesting two actions: the first is that a new Records Retention By-law be adopted with the Retention Schedule being made a separate document from that of the By-law. This will allow amendments to the schedule to be made without having to continually amend the By-law. The second request is that Council delegates the approval of amendment to the Retention Schedule to the Records Retention Committee, which is composed of the City Clerk, the City Treasurer, the City Solicitor, the City Auditor, the Manager of Corporate Records and Archives, and the Corporate Archives Analyst. In response to questions, Ms. C. Tarling advised that the necessity of delegating authority to the Records Retention Committee is administrative in nature. This change will allow amendments to the schedule to be made on an ongoing basis without having to bring them to Council for approval. She stated that it is a more efficient course of action because the Records Retention Committee already approves the Schedule prior to it going to Council. Councillor G. Lorentz moved the recommendation in the staff report. Councillor J. Gazzola spoke in opposition to the delegation of authority to the Records Retention Committee, noting that it goes against the democratic process. He put forward an amendment to Councillor Lorentz's motion that staff's recommendation be adopted save and except the delegation of approval over the Retention Schedule. Councillor B. Vrbanovic advised that it is Council's responsibility to established broad policy issues and that it is staff's role to administer those policies. Councillor Gazzola's amendment was voted and lost. On motion by Councillor G. Lorentz - it was resolved: "That the Records Retention By-law 2004-155 (being a by-law to establish retention periods and disposition methods for records of the municipality) be repealed; and further, That the Records Retention By-Law attached to Corporate Services Department report CRPS-05-1 08, dated June 9, 2005, be approved." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JULY 4 2005 - 88- CITY OF KITCHENER 2. CRPS-05-094 - PARKING ENFORCEMENT IN SCHOOL ZONES The Committee was in receipt of Corporate Services Department report CRPS-05-094, dated June 21, 2005 concerning the School Zone Enforcement Program. Mr. S. Turner requested that the current School Zone Enforcement Program, which began as a pilot project, be maintained on an ongoing basis at its current service levels. He advised that the overall feedback for this program has been positive. Under the program, a team of By-law Enforcement Officers concentrated on School Zones so that every elementary school in the City (49 as of September 2004) can be checked at least once a week. In addition, the fine for stopping in a School Zone has been increased from $40. to $80., and a public education campaign has raised awareness of the dangers of creating traffic congestion in School Zones. Mr. Turner advised that the ticket revenues generated by this program is enough to subsidize it. He stated that in September 2004 a letter was sent to the Attorney General asking him to address concerns with the Provincial Offences Act with respect to the way in which parking tickets are served and the number of people who drive away before the ticket can be issued. He advised that in the last 10 month period a total of 1,600 tickets were issued in School Zones, over 1,000 warnings were issued and Officers have kept track of over 1,700 vehicles that drove away prior to ticket issuance. Mr. Turner noted that in some instances, these drive aways are putting the school childrens' and Officer's safety in jeopardy. In response to questions, Mr. S. Turner advised that the Officers had to re-educate drivers in January due to the Christmas break and the fact that more people drive their kids to school in the winter. He stated that the four Officers that were hired for this program on a temporary basis had been moved from being temporary to part-time because they also assist with the Trail Bike Program. He added that most of the tickets have been appealed to court, where their success rate at trial has been very high. He noted that they have a 90% collection rate and that the budget for this program might fluctuate because a savings was realized this past year by using used vehicles. He stated that if the need arises for new vehicles, this could affect the program's budget. Mr. Turner noted that while the City has received notification of receipt, as of yet there has been no significant response from the Attorney General's Office. On motion by Councillor C. Weylie - it was resolved: "That the school zone enforcement program, operated within the By-law Enforcement Division, be maintained on an on-going basis, at its' current service levels, as outlined in Corporate Services Department reports CRPS-04-137 and CRPS-05-094." 3. CSD-05-086 - JOINT WOODWORKING / CRAFT CENTRE PROJECT - SHARED SERVICES PARTNERSHIP - CITIES OF KITCHENER & WATERLOO - LEASE AGREEMENT -173 ROGER STREET WATERLOO The Committee was in receipt of Community Services Department report CSD-05-086, dated June 23, 2005 regarding a Joint Woodworking / Craft Centre Project Shared Services Partnership between the Cities of Kitchener, Waterloo and the Kitchener Woodworking & Craft Club. Ms. L. Palubeski advised that staff is requesting Council's endorsement to move forward with the development of a shared services partnership and a three party lease agreement for the purposes of establishing a woodworking & crafts centre at 173 Rogers Street in Waterloo. She stated that staff has been working at this for over 6 years and the Rogers Street location is ideal and offers a potential partnership with the City of Waterloo. She added that the City of Waterloo is considering the proposal this date, but have indicated that monies will not be budgeted until December 2005. In response to questions, Ms. L. Palubeski advised that the Kitchener Woodworking & Craft Club Board was incorporated last year, and operates at arms length from the City. Further, if Waterloo comes on board then the club will apply for a legal name change to incorporate them. Ms. P. Houston advised that at least one City will need to be listed on the lease agreement even though the board has been incorporated. She added that staff will present the finalized lease agreement at a future Committee meeting. Ms. Palubeski stated that a FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JULY 4 2005 - 89- CITY OF KITCHENER 3. CSD-05-086 - JOINT WOODWORKING / CRAFT CENTRE PROJECT - SHARED SERVICES PARTNERSHIP - CITIES OF KITCHENER & WATERLOO - LEASE AGREEMENT - 173 ROGER STREET WATERLOO (CONT'D) Trillium Grant has been applied for to help cover maintenance and equipment costs; however, the Trillium Foundation will not move forward with this grant until a lease is in place. She added that the City has already allocated monies for this project and that she and Mr. K. Currier will be meeting with the Club tomorrow to work on the agreement. Mr. F. Shewchuk, President, Kitchener Woodworking & Craft Club, advised that in his opinion part of the mandate of the club was to be in a partnership with the City of Kitchener and they are not prepared to enter into an agreement with the property owner on their own. Ms. F. McCrea advised that the lease agreement is for 10 years and if the City becomes a party to it they will be liable to the landlord during that time. Councillor G. Lorentz requested that staff present a finalized version of the agreement to this Committee at a future meeting. On motion by Councillor G. Lorentz - it was resolved: "That the development of a shared services partnership between the City of Kitchener, the City of Waterloo and the Kitchener Woodworking & Craft Club for the purposes of a Woodworking & Craft Centre at the J.G. Group of Companies located at 173 Roger Street in Waterloo, be approved, subject to approval of the arrangement by the City of Waterloo; and, That, pending project finalization, the Mayor and Clerk be authorized to enter into a three party lease agreement with the owner of the Roger Street property and the Kitchener Woodworking & Craft Club, subject to the satisfaction of the City Solicitor; and further, That the final arrangements for the lease agreement be presented for consideration at a future Finance and Corporate Services Committee meeting." Councillor J. Smola entered the meeting at this time. 4. CSD-05-085 - STANLEY PARK COMMUNITY CENTRE - LAND EXCHANGE / JOINT VENTURE AGREEMENTS - DECLARATION OF SURPLUS LANDS - PORTION OF MIDLAND PARK The Committee was in receipt of Community Services Department report CSD-05-085, dated June 28, 2005 concerning the Stanley Park Community Centre Agreements for: a land exchange / joint venture with the Waterloo Catholic District School Board (WCDSB); parking Operations and cost sharing with the WCDSB and the Roman Catholic Episcopal Corporation of the diocese of Hamilton and Ontario (RCECDHO); joint operation with WCDSB; and declaration of surplus lands for a portion of Midland Park, fronting onto Midland Drive and adjacent to St. Anthony Daniels Schools. Ms. F. McCrea reviewed the staff report, advising that the report contains four recommendations which are meant to finalize agreements between the City, the WCDSB and the RCECDHO to facilitate the operations of the Stanley Park Community Centre, Joint Venture Agreements, declaration of surplus lands and a land exchange. She noted that no money is being paid for the lands being exchanged and that all remaining costs contemplated by the agreements will form part of the operating budget for the Stanley Park Community Centre. In response to questions, Ms. F. McCrea advised that the agreement has provisions in it that outline that the City trails will be maintained. Further, there is a provision that the City will have first right of refusal if the School Board wishes to sell the land in the future and there will be an easement agreement to ensure continued access to the park. Ms. McCrea noted that the land exchange favours the City by approximately 700sqft and that at present the value of the lands to be received by the City is greater; however, that value will change as a result of re-zoning. She stated that the Reference Plan limits that zoning to school uses. Ms. McCrea advised that these agreements deal primarily with the proposed land exchange and that other FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JULY 4 2005 - 90- CITY OF KITCHENER 4. CSD-05-085 - STANLEY PARK COMMUNITY CENTRE - LAND EXCHANGE / JOINT VENTURE AGREEMENTS - DECLARATION OF SURPLUS LANDS - PORTION OF MIDLAND PARK (CONT'D) agreements will be drafted to deal with issues relating to common usage. She noted that a committee structure will be put in place with representatives from the City, the diocese and the WCDSB to deal with day-to-day operation issues, such as parking. On motion by Councillor G. Lorentz - it was resolved: "That a portion of Midland Park, adjacent to St. Anthony Daniel School and fronting onto Midland Drive, described as part of Block C, Registered Plan 1170, in the City of Kitchener, comprising approximately 11,707 square metres, and described as Part 10 on a draft reference plan dated August 26, 2002, be declared surplus to the City's needs; and, That the Mayor and Clerk be authorized to execute a Land Exchange/Joint Venture Agreement with the Waterloo Catholic District School Board wherein the lands above are conveyed to the School Board in exchange for lands upon which the Stanley Park Community Centre has been constructed, described as Part of Block A, Registered Plan 1152 and Part of Block D, Registered Plan 1170, comprising approximately 12,467 square metres, described as Parts 7 and 8 on a draft reference plan dated August 26, 2002, together with easements for access and parking over Parts 1, 2, 3, 4 and 5 on the draft reference plan, substantially in the form attached, on terms and conditions satisfactory to the City Solicitor; and, That the Mayor and Clerk be authorized to execute a Common Facilities Agreement with the Waterloo Catholic District School Board and the Roman Catholic Episcopal Corporation of the Diocese of Hamilton in Ontario in respect of the shared use, maintenance, repair and replacement of common facilities and services including parking, laneway, sanitary, storm and water services on an equal basis, on terms and conditions satisfactory to the City Solicitor; and further, That the Mayor and Clerk be authorized to execute a Joint Operations Agreement with the Waterloo Catholic District School Board in respect of the joint use and programming of the gym(s), other areas in the Stanley Park Community Centre, and areas within St. Daniel School, on terms and conditions satisfactory to the City Solicitor." Councillor B. Vrbanovic exited the meeting at this time and Councillor M. Galloway assumed the Chair. 5. CAO-05-027 - COMPASS KITCHENER - ENVIRONICS SURVEY UPDATE The Committee was in receipt of Chief Administrative7 Office report CAO-05-027, dated June 23, 2005 concerning the Environics Survey update, regarding citizens visions for the City now and in the future, their satisfaction with City services and their social values. Ms. S. Adams provided an update as to the progress of the Environics Survey thus far, advising that out of the approximately 5,000 surveys that were distributed they have received 1,238 responses; 24% more than that needed (1,000) to ensure statistical validity. She noted that these findings are preliminary in nature, stating that 86% of respondents rate the City's programs and services positively. Ms. Adams stated that she will come back before the Committee in September to provide a full report of the survey's findings. 6. CRPS-05-104 - ENCROACHMENT POLICY - DOWNTOWN SIDEWALK PATIOS AND MISCELLANEOUS DOWNTOWN ENCROACHMENTS / ENCROACHMENTS ONTO CITY EASEMENTS The Committee was in receipt of Corporate Services Department report CRPS-05-104, dated June 10, 2005 concerning a review of Council's policy and procedures regarding agreements to permit encroachments onto City owned lands. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JULY 4 2005 - 91 - CITY OF KITCHENER 6. CRPS-05-104 - ENCROACHMENT POLICY - DOWNTOWN SIDEWALK PATIOS AND MISCELLANEOUS DOWNTOWN ENCROACHMENTS / ENCROACHMENTS ONTO CITY EASEMENTS (CONT'D) Ms. J. Sheryer advised that in response to a request from Council last January, staff undertook a review of the City's Encroachment Policy. She stated that staff has concluded that the current process of dealing with encroachers seems to be effective. She suggested that for all future requests for legalization of existing encroachments on parklands and road allowances staff take into account issues of aesthetics and provide Council with information as to what caused the encroachment. Ms. Sheryer noted that on the final page of the staff report 3 possible options are outlined as to how encroachers could be dealt with in the future. In response to questions, Mr. S. Turner advised that the encroachment policy has a section specifically dedicated to encroachments that occur within the downtown. Ms. J. Sheryer advised that the City does provide compensation in instances of 'clean hands encroachers', and that the City is not obligated to grant any encroachments. Ms. Sheryer advised that with respect to options 2 and 3 in the staff report that if either is selected by Council an additional staff report will be required to address the mechanics of implementation and resources to pursue those options. Mr. Turner advised that by following up with one complainant typically leads to further investigations. He added that how an encroachment is handled is determinant upon the nature of the complaint and the degree of severity of the offence. He noted that all complaints are tracked within his Division's secure database. On motion by Councillor C. Weylie - it was resolved: "That the current practice respecting encroachment agreement requests for downtown patios, miscellaneous downtown encroachments and encroachments on to City easements as outlined in Corporate Services Department report CRPS-05-104, be continued; and, That all requests for legalization of existing encroachments on parkland and road allowances be reviewed by the appropriate staff and come forward to Council with a staff recommendation that takes into consideration safety; interference with public use of the land; and where applicable aesthetics of the encroachment and the culpability of the encroaching party; and further, That enforcement against existing encroachments continue to be initiated on a complaint basis." 7. UPDATE - CENTRE BLOCK STREERING COMMITTEE - COMMUNICATIONS / PUBLIC PROCESS PLAN Ms. C. Ladd advised that the new Kitchener Public Library (KPL) / Centre Block Project Team have created a comprehensive communications process that enables the public to stay informed and monitor the progress around the pursuit of development options, together with the building of the new central library. This plan includes regular open meetings although due to some developer information requiring confidentiality, an in-camera session may be required at some meetings. This confidential information will generally include: · Land acquisition and disposition; · Corporate financial information; · Corporate competitive information; · Discussions and negotiation with private proponents; and further, · Initial proposal submissions. Ms. C. Ladd advised that all meetings will have agendas posted and available to the public via the internet and if an in-camera component is required it will be listed on the agenda disclosing only the topic. She stated for those who do not have access to the internet, the project team will take names and contact information to ensure information is available. The communications process will also include the development of a micro-website for Downtown with a section dedicated to the KPL / Centre Block Project and information on other Downtown projects. Ms. Ladd added that the frequency of publishing 'Your Kitchener' is planned to FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JULY 4 2005 - 92- CITY OF KITCHENER 7. UPDATE - CENTRE BLOCK STREERING COMMITTEE - COMMUNICATIONS / PUBLIC PROCESS PLAN lCONT'D) increase from its current 6 times a year, to monthly publications, with each alternating monthly publications devoted to Your Kitchener Downtown. Finally, open houses will be used to both engage and inform the public throughout the development process for the KPL / Centre Block Project. Ms. Sonia Lewis, CEO, Kitchener Public Library, advised that a key component of the new main library project will be public consultation and that later this month the KPL will be working on a time table for public consultation with their architect and will advise the public of those dates. Ms. Lewis stated that until its completion the Central Library Project is expected to be on the Boards agenda each month. She ensured that there will be a transparent public process with the ability for a two-way flow of information regarding the Centre Block and Central Library project. In response to question, Ms. Ladd advised that it is anticipated that they will have sufficient content to have monthly additions of 'Your Kitchener', with the additional copies being smaller in length (approximately 4 pages). She stated that she is aware that the Centre Block is a potential site for the new Provincial Courthouse; however, it would be premature to comment at this time due to a lack of information from the Province. Ms. Lewis stated the KPL will continue to meet with their architect to determine the needs for the new library, which can be resolved without having a definitive site selected. Staff were directed to provide Council with information regarding possible site locations for the proposed Courthouse and also to determine if there will be enough content to justify the cost of adding addition issues of 'Your Kitchener'. Further, that increasing the number of issues of 'Your Kitchener' be postponed until after the completion of the Communications Division audit as requested by the Audit Committee. 8. ADJOURNMENT On motion, the meeting adjourned at 5:08 p.m. Colin Goodeve Committee Administrator