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HomeMy WebLinkAboutCouncil - 2005-10-24 COUNCIL MINUTES OCTOBER 24, 2005 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor G. Lorentz. The meeting began with the singing of "0 Canada" by Janelle Santi & Laura Larson, The Singer's Theatre. On motion by Councillor M. Galloway, the minutes of the regular meeting held October 3, 2005 and special meetings held October 3 & 17,2005, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Ouotation 005-066, Voisin Greenway Retaining Wall Repair, be awarded to Gateman - Milloy Inc., Kitchener, Ontario at their quoted price of $116,544.03, including contingencies of $7,113.94 and G.ST; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T05-041, Supply & Delivery of Domestic Water Meters, be awarded to Neptune Technology Group (Canada) Ltd., Mississauga, Ontario, for a two (2) year period, at their tendered price of $1,096,837.80, including P.ST & G.S.T." - and - "That Expression of Interest E05-073, Consultant Services - Consolidated Maintenance Facility Review, be awarded to Stantec Consulting Ltd., Kitchener at their estimated fee of $187,331.32, including disbursements and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further; That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Ms. Dianne Adams, Supervisor of Geographical Information Systems (GIS), announced that the City of Kitchener was awarded a Use Application Award for its 'Road Patrol Application' at the Environmental Systems Research Institute's 26th Annual Conference held in San Diego, California. Ms. Adams advised that in conjunction with Operations Division staff, GIS staff designed and implemented an ArcPad mobile device that allows collection of field data, monitoring of road conditions, placement of work orders and deployment of City road crews to ensure City roads are maintained in a safe condition for Kitchener residents. Mayor C. Zehr accepted the Award on behalf of the City and congratulated all staff involved for their efforts in implementing this project. Mr. Vaughn Bender, Max Becker Enterprises Limited, attended in support of the Committee of Adjustment decision, listed as Item 5.i) on the Committee of the Whole agenda, to approve Sign Application Submission No. SG 2005-012 (Fischer-Hallman Road). Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the application of Max Becker Enterprises Li mited (Submission No. SG 2005-012, Fischer-Hallman Road) requesting permission to erect a pylon sign with a height of 8 m (26.25 :~~ ~~~:t::~~6h~~~;~~~~~ :q~f~,(~4~~~~V~c~ :;;~e:~~ ~~i~ T:j~~~)8h~ih ~i~~i~t~~~ 1~:~ COUNCIL MINUTES OCTOBER 24, 2005 - 295 - CITY OF KITCHENER m (8 ft.) required clearance between the bottom of the sign and grade, and permission for this sign to contain non-accessory advertising for a multi-tenant building at 325 Max Becker Drive and 1187 Fischer Hallman Road, whereas non-accessory signage is not permitted, on Block 2, Registered Plan 58M-288, Fischer Hallman Road, Kitchener, Ontario, BE APPROVED subject to the following condition: 1. That the non-accessory signage shall be limited to those tenants occupying the overall development. " Carried. Mr. Art Green and Ms. Lauren Hall, University of Waterloo Fine Arts Department, attended in support of Clause 2 of the Community Services Committee report of this date, regarding extension of a Partnership Agreement with the City in support of the ARTERY GALLERY. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That Clause 2 of the Community Services Committee report of this date be adopted." Carried Unanimously by all members of Council present. Councillor C. Weylie introduced an item listed as Unfinished Business on the agenda this date, dealing with a decision of the Committee of Adjustment to approve a fence application (Submission No. FN 2005-005 - Ontario Seed Company Limited, 77 Wellington Street South), subject to conditions, to permit erection of a 7 foot high chain-link fence across the Agnes Street frontage of the subject property. This matter was previously considered by Council at its meeting of October 3,2005, at which time it was deferred and referred to the meeting this date to allow consultation with area residents. Councillor C. Weylie advised that there is disagreement with regard to the Committee's decision from both the applicant and area residents, which remains unresolved. Accordingly, she asked that this matter again be deferred and referred to the November 7, 2005 Council meeting. Mr. Mike Teeter, Ontario Seed Company Limited (OSC), attended advising that area residents are confusing the issue of the fence with issues related to zoning of the property. He stated that residents are unhappy with noise and aesthetics associated with trucks parked on the subject property; however, he pointed out that commercial parking is allowed under the M-2 zoning of the property. He advised that his company is requesting a 4 foot extension of an existing fence along Agnes Street to address issues of security. He commented that the company does not agree with expending the funds necessary to fully accommodate the residents' request to beautify the parking lot, but is willing to plant cedar hedges. He added that the company also disagrees with the notion that property values would decrease as the intent of the fence is to enhance security and prevent acts of vandalism. Mr. Teeter requested that a decision be made this date so that construction of the fence could commence this Fall. Mr. Teeter advised that he is willing to accept the two conditions imposed by the Committee of Adjustment provided a decision to approve the fence is made this date. Ms. Kathy Foxall, area resident, attended in opposition to the Committee of Adjustment's decision, advising that she had not been informed of OSC's decision regarding landscaping of the parking lot until hearing Mr. Teeter's presentation this date. She noted that a meeting was held during the past week at which time she was of the opinion an agreement to construct a wrought iron fence had been reached. She maintained that a 7 foot high chain-link fence would not be an enhancement to the neighbourhood and would cause property values to decrease. She added that while she is sympathetic to the company's security issues, it was her opinion they would not resolve those issues with construction of the fence as the property cannot be enclosed on all sides because of rights-of- way on one side of the property in favour of adjacent property owners. A motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, to further defer and refer this matter to the November 7, 2005 Council meeting to allow further discussion was then considered. Mr. Teeter advised that the delay may result in the company being unable to construct the fence before the winter season and the fence is needed now for reasons of security. COUNCIL MINUTES OCTOBER 24, 2005 - 296 - CITY OF KITCHENER Ms. L. MacDonald advised that staff have issues of concern relating to the easements in favour of adjoining property owners that need to be resolved in order to determine if the conditions imposed are for the good of all interested parties. She suggested that deferral of this matter would assist in addressing these issues. Mayor C. Zehr suggested that the date of deferral be moved ahead to allow consideration of the matter at the October 31, 2005 special Council meeting, which was accepted by Councillor C. Weylie as a friendly amendment. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That consideration of the following decision of the Committee of Adjustment regarding a Fence Application by Ontario Seed Company Limited (Submission No. FN 2005-005, 77 Wellington Street South) be deferred and referred to the October 31, 2005 special Council meeting, to allow further consultation and clarification of related legal matters: 'That the application of Ontario Seed Company Ltd. (77 Wellington Street South) requesting permission to construct a 2.1 m (6.88 ft.) high chain link fence in the front yard (Agnes Street frontage), whereas a maximum height of 0.91 m (2.98 ft.) is permitted in this location, on Part Lot 489, Plan 377 and Part Lots 8-11, Plan 324, 77 Wellington Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure that the fence is located a minimum of 7.6 m (25 ft.) from Agnes Street property line, and there shall be no gate in the fence, and no vehicular access to Agnes Street. 2. That the owner shall submit to, and receive approval from the City's Supervisor of Site Plans, of a landscape plan for the area in front of the fence, prior to installing the fence.''' Carried. Mr. Les Dowling, Kitchener Citizens Taxpayers Forum, requested information on a number of matters regarding the following: grant funding for the Downtown University Campuses and the Kitchener Market; consultant fee for the Environics Citizens Survey; and release of information under Freedom of Information and Privacy legislation (FOI). Mr. Dowling was advised that while the matter is still being pursued, no capital funding has been provided at this time by senior levels of government toward the Downtown University Campus projects and approximately $4.5M was provided for the Kitchener Market through SuperBuild grant funding. The consultant fee for the Environics survey was $135,000. to which Mr. Dowling expressed the opinion that the City could have obtained better results for less cost by placing the survey in the 'Your Kitchener' magazine. Mr. Dowling further stated that he had made a consistent request for information under FOI legislation for the years 2002 - 2004. The information requested relates to a breakdown of the number of golf passes and other items given to members of Council. Mr. Dowling contended that since his original request, less information has been provided in each subsequent year and questioned if practices have changed with respect to the release of information under FOI. Mr. G. Sosnoski advised that the City has control over what information is released and was not aware of any change in practice regarding the release of this information. Mr. Dowling was requested to leave his documentation and Mr. Sosnoski would investigate further. Mr. Alex Ziemen, resident, attended in opposition to Clause 4 of the Finance and Corporate Services Committee report of this date regarding endorsement of a resolution from the Association of Municipalities of Ontario (AMO) requesting the Minister of Municipal Affairs and Housing to vote against Private Member's Bill 123 (Transparency in Public Matters Act). Mr. Zieman stated that municipal officials should conduct business with openness and accountability and questioned Council's opposition to the Bill. Mr. Zieman made inquiries regarding issues he believed to have been discussed in-camera concerning the Kitchener Market, the proposal for a new main library on the Centre Block site and a property tax payment deferral agreement relative to 300-400 King Street West and 8-12 Water Street South. He was advised that a complete estimate for the library project is not yet available as the Terms of Reference to solicit proposals has not been finalized but is expected to come forward for consideration in late Fall; and that the Forsyth Building is the subject of a different COUNCIL MINUTES OCTOBER 24, 2005 - 297 - CITY OF KITCHENER project than that of the library. He was also advised that the residential component of the Market is not yet complete and under public agreement, the developer has until the end of this year to meet the requirements of the agreement. Mr. Zieman was further advised that the tax payment deferral was not given specifically in exchange for use of the property as a parking lot but was also in consideration of provision of public space in perpetuity and it is not reasonable to expect a financial return on public space. On motion by Councillor B. Vrbanovic, seconded by Councillor M. Galloway, Clause 4 of the Finance and Corporate Services Committee report was then brought forward for consideration, to endorse the Association of Municipalities of Ontario (AMO) resolution requesting the Minister of Municipal Affairs and Housing to vote against Bill 123. Councillor B. Vrbanovic commented on a letter from the Association of Municipal Clerks and Treasurers of Ontario (AMCTO) in which they also raised concerns in regard to Bill 123 and duplication relative to the Municipal Act. He questioned if it is known whether or not the AMCTO and AMO have had discussions with the Province to determine if the issues in Bill 123 might be addressed through review of the Municipal Act and if any research has been done with respect to how in-camera matters are dealt with in other municipalities, or in jurisdictions outside of the Province. Mr. G. Sosnoski advised that to his knowledge the AMO and AMCTO have made submissions on Bill 123 and he was unaware of any research as referenced. At the request of Councillor J. Gazzola, Mr. G. Sosnoski provided an outline of in-camera matters permitted under the Municipal Act and Council's Procedural By-law, of which Councillor Galloway requested clarification under the category of solicitor-client privilege. Ms. L. MacDonald advised that the category is used in instances where there is a need to provide a legal opinion or advice to Council. She noted that advice or opinions in written form are limited by regulations of the Canadian Law Society and emphasized the importance of giving verbal advice directly to all members of Council at one time to allow opportunity for questions and dialogue that would be difficult to achieve if communication was in writing. Mr. G. Sosnoski added that in-camera agendas list items for discussion only by the approved categories under the Municipal Act and in- camera minutes are not required to be disclosed to the public. Councillor J. Gazzola requested clarification as to why the property tax payment deferral agreement for the properties on King Street West and Water Street South was discussed in-camera. Mayor C. Zehr commented that the City received confidential third party information in regard to a private company that would not be appropriate to disclose publicly. Ms. L. MacDonald added that under the Freedom of Information and Privacy legislation the municipality has an obligation to protect such information. She pointed out that in this instance, Council first met in-camera on the understanding the matter may involve a potential land acquisition and secondly, to receive legal advice as to what was proposed. In response to Councillor C. Weylie, Mr. G. Sosnoski commented that it is a matter of interpretation as to whether or not Bill 123 tightens restrictions regarding in-camera discussion; and on initial review it would appear to provide broader latitude as to the breadth of items where in-camera discussion is permitted. Councillor J. Gazzola spoke in opposition to Clause 4 of the Finance and Corporate Services Committee report, as he maintained that if the City was conducting business appropriately it has nothing to fear from the new legislation and Council should err on the side of openness to gain the respect and trust of its constituents. Councillor M. Galloway also spoke in opposition to Clause 4 of the report commenting that in light of the review of the Municipal Act the Ontario government should be soliciting comment from among its own members and the private member's bill is one suggestion. Councillor C. Weylie spoke in support of the motion, commenting that any changes should be undertaken in the context of the Municipal Act review rather than through a separate piece of legislation. At the request of Mayor C. Zehr, Councillor M. Galloway assumed the Chair to allow Mayor Zehr to comment on this issue. COUNCIL MINUTES OCTOBER 24, 2005 - 298 - CITY OF KITCHENER Mayor C. Zehr clarified that his comments at Committee did not imply that he does not support the principles of transparency in Bill 123. He stated that for a number of reasons he could not support Bill 123 as currently drafted, raising concerns that the Bill requires a member of Council be responsible for overall compliance regarding in-camera meetings, which is an administrative function of staff and places a member of Council in the inappropriate position of policing his / her own colleagues, whereas Council should be collectively responsible. Mayor Zehr commented on the in-camera discussion regarding the King and Water Street properties, stating that Council cannot disclose confidential information under ownership of a private company and he was not prepared to compromise his ethics or integrity by placing himself in a position of doing so. He stated that it is easier to support the Bill than to go against it because of its nature; however, it was his opinion the Bill as written is inappropriate and that any required changes should be through the Municipal Act. Councillor B. Vrbanovic suggested that the issues of transparency and openness are too important to be dealt with in the context of a private member's bill, as few become legislation, and maintained that the review should be within the context of the Municipal Act. He added that if the motion to adopt Clause 4 of the report is passed, he would bring forward a subsequent motion requesting staff to report back as to any elements of Bill 123 which may be more appropriately addressed through the current review of the Municipal Act and which Council could recommend and endorse. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That Clause 4 of the Finance and Corporate Services Committee report of this date be adopted." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic and C. Weylie Contra: Councillors J. Gazzola and M. Galloway Absent: Councillor G. Lorentz Motion Carried. Mayor C. Zehr then assumed the Chair. Councillor B. Vrbanovic then put forward a motion directing staff to review Bill 123 and conduct a survey of other jurisdictions having regard for what would be appropriate for Council to recommend to the Province for consideration as part of the Municipal Act review. A recorded vote was requested. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That staff report at a future meeting as to any sections of Bill 123 (Transparency in Public Matters Act) which should be considered as possible amendments to the Municipal Act; and further, That staff's report also include reference to the approach to in-camera regulations in other jurisdictions." Carried Unanimously by all members present. Councillor B. Vrbanovic introduced a recommendation of the Environmental Committee concerning the Regional Municipality of Waterloo's proposed Pesticide By-law. Councillor Vrbanovic advised that the Committee's discussion in regard to this matter centered around the practicality of a by-law in addition to considering it from an environmental perspective, and chose to take a neutral stand with regard to a by-law given the difficulties of enforcement. The Committee's recommendation does provide that in the event the Region proceeds with a by-law, Option 'D' is preferred with requested amendments to replace reference to 'licensed lawn care company' with that of 'provincially licensed COUNCIL MINUTES OCTOBER 24, 2005 - 299 - CITY OF KITCHENER lawn care professionals' and stipulation that their use of pesticides during July and August be restricted to instances of extenuating circumstances. The Committee maintained that education is pivotal to encouraging reduction of non-essential use of pesticides and should be continued. Councillor Vrbanovic added that the Committee considered a request from Community Services staff to support exemptions for sportsfields, golf courses and cemeteries and chose to support only sportsfields and golf courses. It was noted that Dr. L. Nolan, Regional Medical Officer of Health, was in attendance with respect to the Environmental Committee report and to answer questions. On motion by Councillor B. Vrbanovic, seconded by Councillor J. Smola, the report of the Environmental Committee was brought forward for consideration. At the request of Councillor M. Galloway, it was agreed to amend the report by adding a new clause between paragraphs 1 and 2 to identify the City's support for exemption of agricultural lands. In response to questions, Mr. J. Will mer spoke to the change in reference to lawn care companies, advising that there are licensed lawn care professionals that are not part of a lawn care company; citing Parks Operations staff as an example. He pointed out that the change will allow the City to continue to hire its own staff rather than contract to an outside lawn care company. In regard to the paragraph which provides for lobbying senior levels of government, Mr. Will mer advised that there is legislation in place that allows the Province to regulate pesticide use that is not being enforced and the thought behind the clause is to encourage the Province to take a stand as opposed to placing onus on local municipalities. Dr. L. Nolan spoke to the timeline for implementation, advising that in the event a by-law is enacted a phased approach will be taken, with the 1 st year emphasis on education and warnings given in each of years 2 and 3. She added that it is anticipated an implementation plan would be presented for consideration in the Spring of 2006. Councillor B. Vrbanovic suggested, and it was agreed, that the recommendation be voted on in two sections (paragraphs 1 to 5 and 5 to 8). Councillor B. Vrbanovic urged support for adoption of paragraphs 5 to 8 as written, commenting that dialogue on the issue of a by-law and a decision for or against a by-law should be allowed to unfold at subsequent public meetings to be conducted by the Region. On motion by Councillor M. Galloway, seconded by Councillor C. Weylie, the recommendation was amended to reflect that Council does not believe a by-law is appropriate. The motion as amended was then voted on in two parts. Clause 1 (Paragraphs 1 to 4) - Carried Unanimously by all members present. Clause 1 (Paragraphs 5 to 8) - Carried Unanimously by all members present. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." At the request of Councillor C. Weylie, it was agreed to amend Clause 10 of the report regarding an agreement with the owners of 715 Fischer-Hallman Road to include the phrase 'subject to final approval of rezoning and Municipal Plan amendment applications'. Councillor J. Gazzola requested clarification with respect to Clause 1 of the report, dealing with Council Policy 1-1095 (Public Participation in the Planning Process) and was advised by Mr. J. Willmer that residents in attendance at the initial information session will choose from among themselves two representatives who will attend the regular sessions of the Site Plan Review Committee, as observers. COUNCIL MINUTES OCTOBER 24, 2005 - 300 - CITY OF KITCHENER The report of the Development & Technical Services Committee was then voted on Clause by Clause. Clause 1 - Carried. Clause 10 - Carried, as Amended. Balance of report - Carried. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the report of the Community Services Committee be adopted." Voted on Clause by Clause. Clause 2 - Dealt with under Delegations and Carried Unanimously by all members present. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." It is noted that at the October 17, 2005 Finance and Corporate Services Committee meeting, the Committee agreed to defer and refer consideration of the staff recommendation contained in Chief Administrator's Office report CAO-05-038 (Closing City Hall between Christmas and New Year's Day) to the Council meeting this date. Subsequently, City staff requested that the recommendation be withdrawn. Council was advised that staff would revisit this proposal in early 2006 in consideration of the 2006 Christmas period. Council was in receipt this date of Financial Services Department report FIN-05-037 (P. Houston), dated October 20, 2005, relative to Clause 5 of the report in which additional information is provided regarding concerns raised with respect to the provision to require the developer to provide public space as part of any redevelopment of the subject property. It was noted in the report that Clause 6 of the agreement contains the phrase 'to the satisfaction of the City' which is considered sufficient protection for the City while allowing flexibility for future discussion once redevelopment plans are known. In addition, staff advised that the amount of the tax deferral has been reduced from $806,650.48 to $760,106.05 to reflect an adjustment related to utility charge credits. In response to questions, Ms. P. Houston clarified that the redevelopment period would commence with issuance of the building permit, prior to which site plan review and approval is required. Councillor J. Gazzola maintained that the public component should be more clearly defined and requested deferral of the matter. Mayor C. Zehr expressed preference to leave the public component open at this time to allow room for negotiation with the developer at the time redevelopment plans are considered. The Finance and Corporate Services Committee report was then voted on clause by clause. Clause 4 - Dealt with under Delegations and Carried, on a recorded vote. Clause 5 - Carried Unanimously by all members present, on a recorded vote. Balance of report - Carried. COUNCIL MINUTES OCTOBER 24, 2005 - 301 - CITY OF KITCHENER Moved by Councillor M. Galloway Seconded by Councillor J. Gazzola "That the report of Heritage Kitchener be adopted." On motion by Councillor B. Vrbanovic, seconded by Councillor J. Smola, it was agreed to defer and refer Clauses 2 and 3 of the report to a future Council meeting, pending a staff report outlining associated costs and implications with regard to the interim measures requested for the Forsyth Building and implications relative to possible restrictions and the impact on development of the Centre Block of adding properties from the Centre Block to the Heritage Inventory. The Heritage Kitchener report was then voted on Clause by Clause. Clause 1 - Carried. Clause 2 - Action deferred and referred to a future Council meeting pending a staff report outlining associated costs and implications. Clause 3 - Action deferred and referred to a future Council meeting, pending a staff report outlining implications relative to possible restrictions and the impact of development on the Centre Block. Mayor C. Zehr referred to a letter he recently sent to elected officials within the Region of Waterloo, inviting them to begin the process of discussing municipal reform, in response to reactions to Kitchener Council's October 3rd resolution calling for immediate discussion on this issue. Mayor Zehr advised that he purposefully did not make reference to any particular structure of reform or timeframe for conclusion to encourage an open-minded approach, but did suggest that a Provincial facilitator be retained. He pointed out that it was now a matter of waiting for a response from elected colleagues. Mayor C. Zehr circulated this date a Members' Advisory from the Federation of Canadian Municipalities (FCM), dated October 14, 2005 regarding a request from the Canadian Coalition of Municipalities Against Racism for municipalities to join the Coalition and sign a declaration agreeing to commitments leading to the development and implementation of an action plan against racism. At the request of Mayor C. Zehr, Mr. G. Sosnoski was directed to obtain additional information as to existing City policy in regard to declarations and the implications of the City joining the Coalition. At the request of Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, Council agreed to add a by-law for three readings this date relative to Clause 2 of the Development & Technical Services Committee report, which repeals and replaces Chapter 680 (Signs) of the Municipal Code. Mayor C. Zehr disclosed a pecuniary interest in regard to the by-law listed as 9 e) on the agenda, which establishes and lays out part of Black Maple Court as a public highway, and abstained from all discussion and voting with respect to all three readings of the by-law as he owns property in the subject area. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. COUNCIL MINUTES OCTOBER 24, 2005 - 302 - CITY OF KITCHENER (d) Being a by-law to provide for the establishing and laying out of part of Commonwealth Street as a public highway in the City of Kitchener. (e) Being a by-law to provide for the establishing and laying out of part of Black Maple Court as a public highway in the City of Kitchener. (f) Being a by-law to provide for the widening of part of Ontario Street as a public highway in the City of Kitchener. (g) Being a by-law to exempt certain lots from Part Lot Control - Part of Blocks 1, 2 and 5, Registered Plan 58M-292; and Part of Blocks 6 and 7, Registered Plan 58M-293 - Rush Meadow Street and Rush Meadow Crescent. (h) Being a by-law to exempt certain lots from Part Lot Control - Part Block 5, Registered Plan 58M-295 and Block 94, Registered Plan 58M-226 - Doon Mills Drive and Sugarmill Court. (i) To confirm all actions and proceedings of the Council. (j) Being a by-law repealing and replacing the City's Sign By-law currently known as Chapter 680 (Signs) of the City of Kitchener Municipal Code. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Gazzola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Gazzola Seconded by Councillor M. Galloway "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2005-185) (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2005-186) (c) To further amend By-law No. 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (By-law No. 2005-187) COUNCIL MINUTES OCTOBER 24, 2005 - 303 - CITY OF KITCHENER (d) Being a by-law to provide for the establishing and laying out of part of Commonwealth Street as a public highway in the City of Kitchener. (By-law No. 2005-188) (e) Being a by-law to provide for the establishing and laying out of part of Black Maple Court as a public highway in the City of Kitchener. (By-law No. 2005-189) (f) Being a by-law to provide for the widening of part of Ontario Street as a public highway in the City of Kitchener. (By-law No. 2005-190) (g) Being a by-law to exempt certain lots from Part Lot Control - Part of Blocks 1, 2 and 5, Registered Plan 58M-292; and Part of Blocks 6 and 7, Registered Plan 58M-293 - Rush Meadow Street and Rush Meadow Crescent. (By-law No. 2005-191) (h) Being a by-law to exempt certain lots from Part Lot Control - Part Block 5, Registered Plan 58M-295 and Block 94, Registered Plan 58M-226 - Doon Mills Drive and Sugarmill Court. (By-law No. 2005-192) (i) To confirm all actions and proceedings of the Council. (By-law No. 2005-193) (j) Being a by-law repealing and replacing the City's Sign By-law currently known as Chapter 680 (Signs) of the City of Kitchener Municipal Code. (By-law No. 2005-194) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. Mayor C. Zehr previously disclosed a pecuniary interest in regard to the by-law listed as 9 e) as he owns property in the subject area and abstained from all discussion and voting with respect to the by-law. On motion, the meeting adjourned at 9:40 p.m. MAYOR CLERK COUNCIL MINUTES OCTOBER 24, 2005 - 304 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That Council Policy 1-1095 (Public Participation In The Planning Process) be amended by deleting Clauses 10 a) to c) and replacing them with the following clauses: '10. Public Participation in the City's Site Plan approval process: a) That all full site plan applications for new commercial development, redevelopment, or major additions within Planned Commercial Campus, Mixed Use Node, and other appropriate commercial areas, be circulated to all immediately adjacent low rise residential land owners within 60m and, where applicable, affiliated Neighbourhood Associations, for information and comment. b) That the Site Plan Review Committee meeting be scheduled to take place five weeks after notification is given, and all comments from adjacent residents and/or Neighbourhood Associations be provided to the Supervisor of Site Plan Development and the applicable Ward Councillor within three weeks after notification is given (typically two weeks prior to the scheduled meeting). c) That any interested parties be permitted to attend a preliminary meeting immediately prior to the regular Site Plan Review Committee meeting, at which time the residents, the applicants, and affected staff will discuss how the site plan has been or may be revised in response to the written comments of residents, or whether such changes are not reasonable having regard to the nature of the proposed development. That no more than two representatives of the adjacent neighbourhood (appointed by consensus of the neighbourhood) be permitted to attend, as observers only, the regular session of the Site Plan Review Committee Meeting, at which time the plan will be considered for approval in principle and the conditions of approval will be considered. d) That notice of Site Plan Applications be given, for information purposes only, to all property owners within 60 metres of an institutionally zoned property provided, however, that this policy shall not apply to portables or portapacks to be used as classrooms on school sites.'; and further, That any changes to the Public Participation Policy be reviewed after one year to examine their effectiveness' . 2. That Chapter 680 (SIGNS) of the City of Kitchener Municipal Code, be repealed and replaced by the by-law attached to Corporate Services Department report CRPS-05-152, dated October 11 , 2005. 3. That Zone Change Application ZC 05/15/E/L T, Dr. Martin Dziak, to change the zoning on the subject lands, at 230 East Avenue, from Neighbourhood Institutional Zone (1-1) with Special Regulation Provision 93R to Community Institutional Zone (1-2) on lands legally described as Plan 351 Pt Lot 63 Pt Lot 64 Pt Lt 110, in the City of Kitchener, be aooroved in the form shown in the "Proposed By-law", dated September 12, 2005, attached to Development and Technical Services Department report DTS-05-159, without conditions. 4. That staff be directed to communicate Kitchener's Community Environmental Improvement Grant Program (CEIG) to the community, and that the deadline for grant applications be set as Friday, October 28, 2005; and further, That a sub-committee of the Environmental Committee be formed to develop criteria and methods of examination for Community Environmental Improvement Grant applications, consisting of the following individuals: Councillor B. Vrbanovic and Messrs. J. Wilson and C. Schneider. 5. That a one way restriction be installed on Windsor Crescent, and parking be prohibited along the interior of Windsor Crescent; and further; That the Uniform Traffic Control By-law be amended accordingly. COUNCIL MINUTES OCTOBER 24, 2005 - 305 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 6. That on-street parking be prohibited at anytime on the north side of Duke Street West from Victoria Street North to Wellington Street; and, That on-street parking be prohibited at anytime on the south side of Duke Street West from Victoria Street North to Breithaupt Street; and further, That the Uniform Traffic By-law be amended accordingly. 7. That the following roads be designated as heavy truck routes: Huron Road - from Fischer Hallman Road to Strasburg Road (24 hour access) Beasley Drive - from Trillium Drive to Homer Watson Boulevard (7am to 7pm daily) Trillium Drive - from Huron Road to Bleams Road; and further, That the Uniform Traffic By-law be amended accordingly. 8. That, notwithstanding current City of Kitchener standards for street name signing, Council approve the use of decorative street name signs for all new streets in the section of the Grand River South community bounded by Fairway Rd., Morrison Rd. and Fairway Cres.; and, That all developers in the subject section of the Grand River South community be required to install the adopted decorative street name sign standard at their expense; and further, That all developers in the subject section of the Grand River South community be required to supply the City of Kitchener with 10% of all the poles, decorative signs, and hardware for future replacement/maintenance purposes. 9. That the conditions previously imposed on Demolition Control Application DC 01/09/0/DR, for demolition of a single detached dwelling, located at 560 Oueen Street South, on lands legally described as Part Lot 73, Subdivision of Lot 17, German Company Tract, be waived; and, That Building staff be directed to impose the following as a condition of the demolition permit under the Building Code Act: 'That the owner salvage the materials as set out in the Undertaking dated January 20, 2005'; and further, That Building staff be directed to impose the following as a condition of the building permit under the Building Code Act: 'That the owner incorporate into the new structure the salvaged materials as set out in the Undertaking dated January 20,2005. 10. That subject to final approval of rezoning and Municipal Plan amendment applications on the subject lands, the Mayor and Clerk be authorized to execute an agreement with the registered owner(s) of Part Lot 47, G.C.T. being Part 4 on Plan 58R-14676, known as 715 Fischer Hallman Road, pursuant to Section 3.2.3.1.(8) of the Ontario Building Code, said agreement to permit the construction of a new office/retail building with the limiting distance for the exposing building face being measured to a point beyond the property line on the adjacent property, Part Lot 47, G.C.T. being Part 3 on Plan 58R-14676, known as Hydro Corridor. (As Amended) 11. That the Application Form for the Adaptive Reuse Program, as presented in Appendix "A" of Development & Technical Services Department report DTS-05-173 be endorsed in principle, subject to periodic minor changes by staff over time; and, That the Adaptive Reuse Program Steering Committee be approved, consisting of: (a) One Planner (Chair/Co-ordinator) (b) The Director of Planning (c) One representative from Legal Services, and (d) One representative from Financial Service; and further, COUNCIL MINUTES OCTOBER 24, 2005 - 306 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 11. (Cont'd) That the 'draft' Design Brief for Adaptive Reuse, as attached in Appendix "B" to Development & Technical Services Department report DTS-05-173 be received for information purposes. 12. That local members of Provincial Parliament be advised that the City of Kitchener: (a) strongly objects to the request of architects and engineers for exemption from the Building Code Statute Law Amendment Act, 2002 (Bill 124) and the regulations made thereunder, requiring demonstrated Building Code knowledge and specified minimum levels of liability insurance for designers, and (b) requests the support of the local area MPPs to ensure that the Building Advisory Council (BAC) to be set up in January of 2006 by the Minister of Municipal Affairs and Housing addresses the following issues such as, improved Code knowledge for builders/contractors, provisions for builder liability insurance for non-residential builders, and longer liability insurance periods for designers, and the other recommendations of BRRAG omitted in Bill 124, which will create a more equitable building regulatory system in Ontario, and (c) request the local area MPPs advise the Minister of Municipal Affairs and Housing and the Attorney General of their positions on these issues. 13. That the Yellow Fish Road Program be endorsed and implemented at the City of Kitchener through partnership with Trout Unlimited Canada; and further, That the Mayor and Clerk execute the memorandum of understanding provided by Trout Unlimited Canada for this program, in a form satisfactory to the City Solicitor. COMMUNITY SERVICES COMMITTEE - 1. That an existing agreement with artist Ernest Daetwyler for the Victoria Park Entrance Feature Public Art Project ("Luggage"), be amended to include costs for extended insurance and storage totalling $3,100., for a total project fee of $68,100.; and further, That the Mayor and Clerk be authorized to execute the amended agreement, subject to the satisfaction of the City Solicitor. 2. That the partnership agreement with the University of Waterloo Fine Arts Department and Dean of Arts Office in support of the ARTERY GALLERY, be amended to provide for an extension of one year to conclude September 1, 2006, with any changes to the conditions of the agreement subject to the satisfaction of the City Solicitor; and further, That the Mayor and Clerk be authorized to execute the amended agreement, subject to the satisfaction of the City Solicitor. (Dealt with under Delegations and Carried Unanimously by all members of Council present) 3. That a further public meeting be held with the Kiwanis Club and area residents to provide feedback on the recommendations of the Kiwanis Park Strategic Plan; and further, That subsequent to the public meeting, staff formally present an updated summary of the Kiwanis Park Strategic Plan and feedback from the public meeting to a future Community Service Committee meeting. 4. That no further action be taken to investigate the Eastforest, Meinzinger and Fischer Park sites as possible locations for the new Twin Pad Arena. COUNCIL MINUTES OCTOBER 24, 2005 - 307 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 5. That no action be taken at this time on staff's request to remove the Huron/Fischer-Hallman Roads site from the list of potential locations for the new Twin Pad Arena and the Twin Pad Arena Public Open House originally scheduled for October 26, 2005 be delayed to allow staff time to gather additional information, including a detailed timeline, on the Huron/Fischer- Hallman Roads site for the Public Open House and for any subsequent business case, with the understanding that investigation of the site and delay in holding the Public Open House will of necessity delay the preparation of the Twin Pad Arena Business Case, resulting in presentation of the business case in January 2006 prior to Council's Budget Day. FINANCE AND CORPORATE SERVICES COMMITTEE- 1. 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. 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. 3. 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-T 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. 4. 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; COUNCIL MINUTES OCTOBER 24, 2005 - 308 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 4. (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. (Dealt with under Delegations and Carried, on a recorded vote) 5. 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. (Carried Unanimously by all members present, on a recorded vote) ENVIRONMENTAL COMMITTEE - 1. That the City of Kitchener recognizes the public's growing concern regarding the use of pesticides, involuntary exposure and the potential health effects for humans and other non- target species; and, That the City of Kitchener recognizes that agricultural lands are exempt from any measures to be taken by the Regional Municipality of Waterloo to reduce the non-essential use of pesticides as such lands are governed under the Farming and Food Production Protection Act, 1998; and, That all effective measures to reduce the non-essential use of pesticides continue to be strongly pursued, particularly including the lobbying of federal and provincial governments to use, or modify, their powers under the Pest Control Products Act and the Ontario Pesticides Act respectively; and, That continuing public education must remain a key initiative in efforts to encourage the reduction of the non-essential use of pesticides in our community, either with or without a by- law; and, That in light of the facts that the effectiveness of a by-law to achieve reduction in the non- essential use of pesticides is unknown, and that implementation and enforcement will be difficult, therefore, the City of Kitchener does not believe a by-law is required; however, if a by- law is pursued the Regional Municipality of Waterloo be requested to select Option D, as outlined in Development & Technical Services Department report DTS-05-174, with the following amendments: · that any reference to "licensed lawn care company" be replaced with that of "provincially licensed lawn care professionals"; and, · that it be stipulated that their use of pesticides during the months of July and August are only in instances of extenuating circumstances where the continued preservation of turf is at issue; and, That if a by-law is pursued by the Region, it includes a requirement for advance notification to neighbours 24 hours prior to the application of pesticides; and, COUNCIL MINUTES OCTOBER 24, 2005 - 309 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL ENVIRONMENTAL COMMITTEE - (CONT'D) 1. (Cont'd) That the Region revisit the issue of regulating the non-essential use of pesticides at an appropriate point in future and evaluate any by-law adopted for effectiveness in reducing the non-essential use of pesticides or, if no by-law is pursued at this time, reconsider adopting such a by-law if other jurisdictions demonstrate that a by-law is effective in reducing the non- essential use of pesticides; and further, That the rationale provided by staff for requesting exemptions from any pesticide reduction for the City of Kitchener Sportsfield Sections and Golf Courses, as outlined in Community Services Department reports CSD-05-120 and CSD-05-082, be accepted and forwarded to the Region for inclusion in any Pesticide Reduction By-law it may adopt. (Dealt with under Delegations and Carried Unanimously, as Amended, by all Council members present) HERITAGE KITCHENER - 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2005-V-014 (45 Windsor Crescent) be aooroved, to permit the construction of a one storey rear addition, as shown on the plans submitted with the application attached to Development and Technical Services Department report DTS-05-163. 2. That staff be directed to put interim measures in place at the Forsyth Building (31 Young Street) to prevent further deterioration and water damage, through the redirection of water into a proper drainage system, and re-activate the fire alarm system, if not operational, and report back to Heritage Kitchener on their proposed measures. (Action deferred and referred to a future Council meeting pending a staff report outlining associated costs and implications) 3. That the following properties located on the Centre Block in Downtown Kitchener be added to the City's Heritage Inventory: 11 Young Street (Windsor House/Mayfair Hotel/Lippert Furniture), 18- 24 Ontario Street North, 72-78 King Street West (Canadian Block), 82-86 King Street West, 140 Ki ng Street West, 96-98 Ki ng Street West, 30-34 Ontario Street North. (Action deferred and referred to a future Council meeting pending a staff report outlining implications relative to possible restrictions and the impact on development of the Centre Block) COUNCIL MINUTES OCTOBER 24, 2005 - 310 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." Mayor C. Zehr previously disclosed a pecuniary interest in regard to the by-law listed as 9 e) on the agenda and which establishes and lays out part of Black Maple Court as a public highway, and abstained from all discussion and voting as he owns property in the subject area. B. ADMINISTRATIVE REPORTS- 1. Land Convevance - Unnamed Lane It was resolved: "That the portions of the unnamed lane running South of Victoria Street South and North of Jack Avenue from Belmont Avenue to Patricia Avenue that have not yet been conveyed to the abutting property owners, be declared surplus to the City's needs and conveyed to any interested abutting property owners for the cost of $1.00 for the land, with any further costs that are associated with the transactions being the responsibility of the interested property owners; and, That any portion of the lane that is not obtained by an interested abutting property owner shall be offered to any other abutting property owner showing an interest to obtain a portion of the lane; and further, That the Mayor and Clerk be authorized to execute any documentation, satisfactory to the City Solicitor, necessary to complete these transactions." 2. Various Tenders Dealt with under Delegations. 3. Tac Dav Recuest - Roval Canadian Sea Cadets #94 WARSPITE Council considered correspondence from Mrs. S. Bushfield, Tag Day Co-ordinator, K-W Navy League Branch, dated October 5, 2005, requesting permission to conduct Tag Days on December 16 & 17, 2005. It was resolved: "That the request of the Royal Canadian Sea Cadets #94 W ARSPITE to conduct Tag Days on the evening of December 16 and all day December 17, 2005, at various malls, grocery stores, liquor store entrances, as outlined in correspondence from S. Bushfield, dated October 5, 2005, be granted." 4. WiFi (Wireless Fidelitvl - Wireless Internet Access in Citv Facilities Council considered Corporate Services Department report CRPS-05-158 (M. Grummett), dated October 24, 2005, regarding the provision of wireless internet access at City facilities. Councillor B. Vrbanovic raised concerns that the proposed agreement may preclude the City in future from offering Internet access free of charge to the general public within City-owned facilities; similar to actions already taken by other municipalities. Several members of Council also raised concerns regarding the ability of the public, through their own wireless equipment, to gain unauthorized access to the Internet using Atria's proposed wireless installations in City facilities. COUNCIL MINUTES OCTOBER 24, 2005 - 311 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. WiFi (Wireless Fidelitv) - Wireless Internet Access in Citv Facilities - (Cont'd) Ms. C. Ladd advised that Atria wishes to expand its wireless network through agreement with the City to use City facilities whereby users will require a subscription membership in order to access the equipment. She also noted that the Region of Waterloo is investigating expansion of wireless technology throughout all core municipalities and once an approach is determined, then discussion could be entered into regarding future provision of 'hot spots' (free Internet service) to the public. Ms. L. MacDonald added that the agreement is solely for the purpose of installing Atria's equipment and provision for 90 day- notice to terminate is included in the agreement. At the request of Councillor M. Galloway, it was agreed that this matter be deferred and referred to the October 31, 2005 Finance and Corporate Services Committee, pending circulation of the Access License Agreement to members of Council and staff were also asked to invite a representative of Atria and the City's Information Technology Division to attend to answer questions. It was resolved: "That the following staff recommendation contained in CRPS-05-158 (M. Grummett) be deferred and referred to the October 31, 2005 Finance and Corporate Services Committee meeting pending circulation of the Access License Agreement to members of Council and representatives of Atria Networks Inc. and the City's Information Technology Division attending to answer questions: 'That the Mayor and Clerk be authorized to execute an Access License Agreement with Atria Networks Inc., satisfactory to the City Solicitor, permitting the installation and operation of certain communications equipment in buildings and on land owned by the City.''' 5. Committee of Adiustment Decisions Council considered minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held October 11, 2005. It is noted that the recommendation in regard to Submission No. SG 2005-012 (Max Becker Enterprises Limited, Fischer-Hallman Road) was dealt with under Delegations. It was resolved: "That the application of the Waterloo Catholic District School Board (Submission No. SG 2005-013, 35 Weber Street West) requesting permission to erect a ground sign having a height of 1.8 m (5.91 ft.) rather than the permitted 1.5 m (4.92 ft.), and an area of 3.72 m2 (40.04 sq. ft.) rather than the permitted 3 m2 (32.29 sq. ft.), to be located 0.4 m (1.31 ft.) from the lot line abutting the street rather than the required 3 m (9.84 ft.), on Part Lots 1-5 & 7, Registered Plan 401, 35 Weber Street West, Kitchener, Ontario, BE APPROVED."