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HomeMy WebLinkAboutFin & Corp Svcs - 2005-10-17 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES OCTOBER 17~ 2005 CITY OF KITCHENER The Finance and Corporate Services Committee met this date, commencing at 3:06 p.m. Present: Councillor B. Vrbanovic - Chair Mayor C. Zehr and Councillors G. Lorentz, J. Gazzola, M. Galloway and C. Weylie. Staff : C. Ladd, Chief Administrative Officer P. Houston, General Manager, Financial Services & City Treasurer G. Sosnoski, General Manager, Corporate Services & City Clerk R. Browning, Interim General Manager, Development & Technical Services A. Pappert, General Manager, Community Services D. Paterson, Director of Human Resources L. Proulx, Director of Facilities Management R. Regier, Executive Director of Economic Development R. Pitfield, Director of Communications / Marketing L. MacDonald, City Solicitor F. McCrea, Assistant City Solicitor S. Wright, Manager of Downtown Community Development C. Tarling, Manager of Corporate Records L. Bensason, Heritage Planner J. Billett, Committee Administrator Ms. P. Houston introduced Mr. Dan Chapman recently hired as the new Director of Financial Planning and Reporting. 1. CRPS-05-153 - ONTARIO SUPERBUllD CORPORATION / ONTARIO MillENNIUM PARTNERSHIP INITIATIVE - CONTRACTS FOR DOWNTOWN COMMUNITY RESOURCE CENTRE PROJECT The Committee was in receipt of Corporate Services Department report CRPS-05-153, dated October 12, 2005 concerning entering into an agreement with the Region of Waterloo to facilitate allocation of funding for the Downtown Community Resource Centre project. On motion by Councillor J. Gazzola - it was resolved: "That the Regional Municipality of Waterloo be requested to execute the Ontario Millennium Partnerships Initiative Funding Agreement with the Province of Ontario by its Minister of Health Promotion for the Downtown Community Resource Centre Project (the "Funding Agreement"); and, That the Mayor and Clerk be authorized to sign the Agreement between the Regional Municipality of Waterloo and the Corporation of the City of Kitchener in a form as 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." 2. CAO-05-038 - CLOSING CITY HAll BETWEEN CHRISTMAS AND NEW YEARS DAY The Committee was in receipt of Chief Administrator's Office report CAO-05-038, dated October 6, 2005 concerning a proposal to close all non-essential City services on December 28 and 29, 2005 and to reschedule the January 3, 2006 Statutory Holiday to December 30, 2005 to effect closure of non-essential services between Christmas and New Year's Day. Mr. D. Paterson requested, and it was agreed, that consideration of the staff recommendation be referred for consideration to the October 24, 2005 Council meeting to allow concerns raised by one of the City's bargaining units to be addressed regarding changing of the Statutory Holiday. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES OCTOBER 17~ 2005 - 111 - CITY OF KITCHENER 2. CAO-05-038 - CLOSING CITY HALL BETWEEN CHRISTMAS AND NEW YEARS DAY (CONT'D) Mr. D. Paterson responded to questions, advising that it is intended staff will cover December 28 and 29 with either vacation, modified hours or lieu time. Employees who are unable to do so will be given the choice of taking the time without payor where opportunity exists, to make up the time in some other manner and those required to work will do so at their regular rate of pay. In addition, it was noted that the City of Waterloo does not intend to take similar action, pending the outcome of Kitchener's decision. Mr. D. Paterson agreed to provide further information at the October 24 Council meeting concerning the consultation process in determining the level of support by all staff and details as to what level of City services will be maintained during the week between Christmas and New Year's Day. 3. DOWNTOWN KITCHENER MICRO WEB SITE At the September 26, 2005 Finance and Corporate Services Committee meeting, Chief Administrator's Office report CAO-05-035 (S. Wright) was considered and a presentation given to introduce the new Downtown Kitchener Micro Web Site. The Committee's recommendation to receive the staff report as information was forwarded to the October 3, 2005 Council meeting, at which time Council deferred and referred the recommendation back to the Committee's meeting this date to allow staff to provide additional information concerning the involvement of the City's Information Technology Division (LT.) with the web site. The Committee was in receipt this date of an e-mail (S. Wright), dated October 17, 2005 in response to the concerns raised regarding LT. staff involvement in the web site. Ms. S. Wright advised that in planning the design and development of the web site assumptions were made regarding timelines and ability of external users to update information hosted on the City's servers, which were not validated with LT. staff prior to development of the site. Following the October 3rd Council meeting, Marketing / Communications and Downtown Development staff met with LT. staff on October 12, 2005 to consider future options for the web site and it was determined that at this time, the site should be launched as planned. Ms. Wright added that an agreement was made to work together in the coming year to evaluate such sites, for future integration on the City's servers. In response to questions, staff provided costs associated with the web site which include $7,500. for preliminary development for design and content, and an annual hosting fee of $1,200. for provision of all necessary services to maintain the site. It was also noted that additional funding may be assigned in 2006 to provide for such things as inclusion of new content and software upgrades. Councillor M. Galloway questioned why a staff report was not provided this date to address the concerns raised, as requested by Council. Ms. C. Ladd advised that due to time constraints staff were not able to prepare a formal report and accordingly, chose to provide the information via e-mail. On motion by Councillor J. Gazzola - it was resolved: "That Chief Administrator's Office report CAO-05-035 (Preview of the new Downtown Micro web site, featuring City investments such as the Centre Block initiative, urban lifestyle elements, and information for doing business in Downtown Kitchener), be accepted for information purposes." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES OCTOBER 17~ 2005 -112- CITY OF KITCHENER 4. CAO-05-037 - FINANCIAL INCENTIVES POLICY - FACADE / INTERIOR LOAN AND UPPER STOREY RENOVATION PROGRAM At the request of staff this matter was withdrawn from the agenda and not considered this date to allow staff an opportunity to review new information. A subsequent report will be brought forward for consideration at the October 31 , 2005 Finance and Corporate Services Committee meeting. At the request of Councillor J. Gazzola, staff agreed to include in their subsequent report, clarification of the disbursement schedule for loans and forgivable loan portions of funding. 5. CRPS-05-133 - INVENTORY OF BUILDING / EQUIPMENT ARTIFACTS The Committee was in receipt of Corporate Services Department report CRPS-05-133, dated October 4, 2005 which provides an inventory of historical artifacts in storage at City facilities and an update on the status of the installation of the 1923 City Hall pediment in the Children's Museum. Mr. L. Proulx, accompanied by Mr. L. Bensason and Ms. C. Tarling, reviewed the situation with respect to the pediment, providing architectural drawings of the location and placement within the Museum. He pointed out that 3 stones are missing from the artifact, one of which, the "Centre Crest" stone, has been found installed in the green wall in the North Garden behind the current City Hall. He noted that Mr. D. Zinken, a resident who previously addressed Council with regard to the City's artifacts, spoke of maintaining historical pieces as a whole and it is believed that the pediment is one such piece referenced. Mr. Proulx provided the following alternatives to assist in moving the Museum artifact project forward: remove the "Centre Crest" stone and provide it for installation at the Museum, and replace the void in the green wall with either the same type of slate originally used or another artifact; take down the crest and create a mould for use by the Museum and re-install the crest in the green wall; or, leave the pediment with the void and describe on a plaque what it represents and the reason for the void. The costs associated with the first 2 options range between $10,000. to $24,000. Questions were raised concerning use of the stones illustrated as Appendix "F" attached to staff report CRPS-05-133. Mr. L. Proulx advised that while they are close in size and could be used, they are not original to the pediment and would not project a true rendering of the artifact. Mr. L. Bensason added that in keeping with historical conservation principles it is preferred that original pieces be kept together and recommended that the "Centre Crest" stone be removed from the green wall and be provided for installation in its appropriate place within the pediment. Mayor C. Zehr commented that he was in favour of keeping the original pieces together and suggested that the void left in the green wall could be filled by the stones illustrated in Appendix "F" at less cost than ordering new slate. Mr. Proulx suggested that this alternative would cost approximately $10,000. and funding could be accommodated from within the City Hall contingency. Councillor J. Gazzola noted that Mr. Zinken had requested that the artifact be placed in Victoria Park and suggested that he be notified and given an opportunity to address this issue at the October 24, 2005 Council meeting. Mr. L. Proulx agreed to contact Mr. Zinken; however, he noted that Mr. Zinken was notified by voice mail message of the meeting this date and had not responded. Mayor C. Zehr stated that he was not prepared to support spending significant dollars to place the pediment in Victoria Park, pointing out that the Park already has historical artifacts, such as the Clock Tower and in the near future, will have an entrance feature added. He pointed out that funding for placement of the pediment in the Museum is already in place and the Museum has also received approval for grant funding from the Ontario Heritage Foundation. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES OCTOBER 17~ 2005 -113- CITY OF KITCHENER 5. CRPS-05-133 - INVENTORY OF BUILDING / EQUIPMENT ARTIFACTS (CONT'D) On motion by Mayor C. Zehr - it was resolved: "That the 'Centre Crest' stone from the 1923 City Hall be removed from its current location on the green wall in the North Garden behind the current City Hall, and be provided to The Children's Museum for placement in its original position within the old City Hall pediment artifact that is being installed at the Museum; and further, That the two (2) medallion stones formerly located on each side of the main entrance of the old City Hall, identified as 'A-6' and 'A-7' in Appendix 'F' of Corporate Services Department report CRPS-05-133, be installed on the green wall in the North Garden behind the current City Hall, to fill the void left by removal of the 'Centre Crest' stone." Mr. L. Proulx then requested the Committee consider striking a staff committee, to be headed by Ms. C. Tarling, to develop a corporate vision and comprehensive program to deal with the City's historical artifacts. Members of the Committee agreed with this course of action and suggested that staff proceed in this direction and provide a preliminary report to a future Shared Agenda meeting. 6. RESPONSE TO GOVERNMENT BILL 123 (TRANSPARENCY IN PUBLIC MATTERS ACT) The Committee was in receipt of a Member Communication Alert from the Association of Municipalities of Ontario (AMO), dated October 4, 2005 regarding Private Member's Bill 123 (Transparency in Public Matters Act). The AMO is requesting support from municipalities to endorse a resolution asking the Minister of Municipal Affairs and Housing to vote against the Bill if reference to 'municipal councils' is not deleted from the Bill. Mayor C. Zehr stated that while he supports the principle behind the Bill he has concern with its implementation. He pointed out that the manner in which municipal councils operate is already governed by the Municipal Act and introducing this new legislation would create confusion; ie. which Act would have precedence. Under the new Act, he noted that a member of Council would have to be appointed to oversee compliance with public notice and minute keeping requirements, altering the function of Council and blurring roles between Council and City staff. It was further noted that a Provincial Information and Privacy (IPC) Commissioner would have the right to conduct a review in the absence of a complaint and by Order of the IPC, the Commissioner can void Council's decisions or require a change in practice. Mayor Zehr stated that it was his opinion this may result in interference in municipal governance and take away from the democratic process. Mayor C. Zehr added that stringent regulations are already provided under the Municipal Act as to what matters can be discussed in-camera, being land sales, personal issues and litigation. He expressed the opinion that such matters should be discussed in-camera as to do otherwise may put the assets of the municipality at risk. He noted that significant effort has been made to decrease the time spent in-camera to ensure transparency and pointed out that no decisions are made in-camera, with all decisions of Council being made in open, public session. It was his opinion that this Council is already transparent and open to the public and asked for support in endorsing the AMO resolution. Councillor C. Weylie spoke in favour of endorsement as it was her opinion that Bill 123 represents a duplication of legislation and would create confusion for municipal councils and the public. Councillor J. Gazzola spoke against endorsement questioning how one could support transparency yet be opposed to Bill 123. He suggested that the Bill provides supplementary legislation to ensure more openness for the public and if the City is conducting business as it should, it has nothing to fear. Mr. G. Sosnoski responded to questions, advising that members of Council have taken steps to ensure in-camera items are appropriate and on occasion, items have been removed from an agenda. He added that Council has its own Procedural By-law which mirrors the requirements of the Municipal Act and a staff protocol for placement of items on in-camera agendas is in place, which includes provision for Council to challenge the appropriateness of FINANCE & CORPORATE SERVICES COMMITTEE MINUTES OCTOBER 17~ 2005 -114- CITY OF KITCHENER 6. RESPONSE TO GOVERNMENT BILL 123 (TRANSPARENCY IN PUBLIC MATTERS ACT) (CONT'D) any item. In addition, Council is also required to authorize all in-camera meetings in an open, public session. Mr. Sosnoski further provided statistics encompassing the years 2002-2004 that demonstrate a substantial decline in the average time spent in in-camera meetings. On motion by Mayor C. Zehr, the AMO resolution endorsing a request to the Minister of Municipal Affairs and Housing to vote against Bill 123 if reference to 'municipal councils' is not deleted from the Bill, was brought forward for consideration. Mayor C. Zehr commented that his concerns were not based on fear of how this municipal Council conducts business, but rather on ensuring that there is a clear set of rules and reiterated that having 2 separate pieces of legislation would create confusion. He added that one can fully support transparency at the same time as they oppose Bill 123 based on the confusion the new legislation will create both from a governance point of view, as well as administrative and commented that no one member of this Council can declare ownership on the issue of openness and transparency. Councillor G. Lorentz spoke in favour of endorsement, commenting that any member of Council who does not agree with an item being discussed in-camera has the right to leave the room. He also disagreed that Council should have to police itself by appointing a member to oversee administrative functions. Councillor J. Gazzola commented that matters discussed in-camera should be very limited and suggested that matters under solicitor-client privilege are too broad. He stated that while one can leave the room, he has not done so as it places him in a position of not knowing what has transpired. Councillor B. Vrbanovic spoke in favour of endorsement, suggesting if problems of transparency are inherent in the Municipal Act steps should be taken to deal with these matters within the context of that Act rather than having 2 separate pieces of legislation, which will lead to confusion. He added that all members of this Council take their responsibility in regard to the issue of in-camera discussion seriously and an administrative role should not be added to the role of Council. At the request of Councillor J. Gazzola the following motion was Carried on a recorded vote, with Mayor C. Zehr and Councillors G. Lorentz, B. Vrbanovic and C. Weylie voting in favour and Councillors J. Gazzola and M. Galloway voting in opposition. Councillor J. Smola was absent this date and accordingly did not vote. On motion by Mayor C. Zehr - it was resolved: "WHEREAS the Provincial Standing Committee on Regulations and Private Bills is currently debating Private Members Bill 123, the Transparency in Public Matters Act; and, WHEREAS the proposed legislation includes 'municipal council and committees'; and, WHEREAS the proposed legislation adds requirements to notice provisions, open meetings, minutes, forms of meetings, among other matters, all of which are addressed in the Municipal Act, which would create confusion for council, administration and the public; and, WHEREAS the Municipal Act is currently under review and is being informed by input from the municipal and private sectors, among others; and, WHEREAS the Association of Municipalities of Ontario (AMO) and others have urged the Standing Committee to remove any reference to 'municipal councils' or 'council committees' from this legislation and allow transparency and accountability issues to continue to be regulated under the Municipal Act; FINANCE & CORPORATE SERVICES COMMITTEE MINUTES OCTOBER 17~ 2005 -115- CITY OF KITCHENER 6. RESPONSE TO GOVERNMENT BILL 123 (TRANSPARENCY IN PUBLIC MATTERS ACT) (CONT'D) NOW THEREFORE BE IT RESOLVED that the Corporation of the City of Kitchener urges the Minister of Municipal Affairs and Housing to vote against Bill 123 if the reference to 'municipal councils' is not deleted in the Bill, as reported by the Standing Committee; AND FURTHER that John Milloy, MPP-Kitchener Centre, Elizabeth Witmer, MPP- Kitchener-Waterloo and all Provincial Members of the Legislature be advised of the lack of this Council's support for the inclusion of 'municipal councils' in Bill 123." 7. FIN-05-036 - PROPERTY TAX PAYMENT DEFERRAL AGREEMENT The Committee was in receipt of Financial Services Department report FIN-05-036, dated October 11, 2005 concerning an agreement to defer property tax payments on properties located at 300-400 King Street West and 8-12 Water Street to facilitate private sector re- development. The agreement provides for deferral of payment of tax arrears accrued up to May 31, 2005; all taxes and utilities accruing after May 31 to be paid and kept current; demolition of 400 King Street West and permission for the City to develop a parking lot on the site for a minimum of 3 years; re-development must include a component for public use, such as a parkette, courtyard, walk-way, improvements to Bell Lane, etc.; in exchange of the public component, the City will grant back to the owners the amount of interest and penalties accrued on the principal from May 31, 2005 until the properties are either re-developed or 5 years expires from the date of acquisition. Ms. P. Houston commented that the proposal is consistent with the City's long term strategy for intensification and re-development within the Downtown. Ms. L. MacDonald advised that under the Municipal Act, when a property is located within the boundaries of an approved Community Improvement Plan, which is the case in this instance, deferral of payment of tax arrears is allowed and is not considered bonusing. Ms. MacDonald added that the principle owners are Messrs J. Haalboom and T. DiBattista. Ms. P. Houston advised that the annual cost to the City will be approximately $110,000. per year over a 5 year agreement and the public component will not be fully defined until such time as a re-development plan is brought forward by the owners. In response to Councillor J. Gazzola, Ms. L. MacDonald advised that this matter was previously discussed on two occasions in-camera; the first on the basis of potential land acquisition and the second to receive solicitor-client advice. Mayor C. Zehr referred to Clause 6 of the agreement and requested that it be refined to clearly state what the principal amount will be. In reference to Clause 4 regarding operation of the proposed parking lot, Ms. P. Houston advised that the City would receive a grant-in-lieu of taxes which would be applied to cover operating costs. She further advised that on the site proposed for parking, $31 ,000. is currently received in annual taxes which will be reduced to approximately $7,000. once the structure is demolished and the site commences use as a parking lot. She clarified that these figures represent the total amount of tax, of which the City's portion relative to the parking lot would be approximately $1 ,300. On motion by Councillor G. Lorentz, the staff recommendation in report FIN-05-036 to authorize execution of a property tax deferral agreement, was brought forward for consideration. Councillor J. Gazzola advised that he would like to see the agreement refined to more definitively outline the benefits the City is to receive and suggested this matter be deferred to the October 24, 2005 Council meeting to allow staff to undertake further discussion with the proponents of the agreement. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES OCTOBER 17~ 2005 -116- CITY OF KITCHENER 7. FIN-05-036 - PROPERTY TAX PAYMENT DEFERRAL AGREEMENT (CONT'D) On motion by Councillor J. Gazzola - it was resolved: "That the following recommendation contained in Financial Services Department report FIN-05-036 (Property Tax Payment Deferral Agreement) be deferred and referred to the October 24~ 2005 Council meetina, to allow additional information to be provided concerning details of the proposed agreement: 'That the Mayor and Clerk be authorized to execute the Property Tax Payment Deferral Agreement, as detailed in and attached to Financial Services Department report FIN-05-036, with the owners of 300-400 King Street West (save and except for 320-328 King St. West), and 8-12 Water Street in Downtown Kitchener; and further, That the grant portion of the agreement be funded from the Economic Development Investment Fund.'" 8. CANADIAN RED CROSS EARTHQUAKE DISASTER RELIEF FUND - DONATION Mayor C. Zehr advised that the Regional Municipality of Waterloo has approved a donation of $25,000. to the Canadian Red Cross toward the earthquake disaster relief efforts in Asia (Pakistan, Afghanistan and India). He commented that this is similar to the response made to last years tsunami relief efforts in Southeast Asia, pointing out that at that time local municipalities also each donated $5,000. Mayor Zehr advised that the City of Cambridge has already approved a $5,000. donation to the current relief efforts and Waterloo will consider similar action this date. Accordingly, he requested that this Committee also consider a $5,000. donation toward the current earthquake disaster relief efforts in Asia. It was noted that due to an urgent nature, the following motion would be considered at the special Council meeting to be held this date. On motion by Mayor C. Zehr - it was resolved: "That the City of Kitchener donate $5,000. to the Canadian Red Cross in response to earthquake disaster relief efforts in Pakistan, and across Afghanistan and India, to aid the International Federation of Red Cross and Red Crescent Societies in provision of immediate relief and basic assistance to the thousands who have suffered great losses as a result of this natural disaster." 9. ADJOURNMENT On motion, the meeting adjourned at 4:33 p.m. Janet Billett, AMCT Committee Administrator