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HomeMy WebLinkAboutFinance & Corp - 2001-10-15FINANCE & CORPORATE SERVICES COMMITTEE MINUTES OCTOBER 15, 2001CITY OF KITCHENER The Finance and Corporate Services Committee met this date, chaired by Councillor J. Ziegler, commencing at 2:10 p.m., with the following members present: Councillors M. Galloway, G. Lorentz, J. Smola, B. Vrbanovic and C. Weylie. Mayor C. Zehr entered the meeting shortly after its commencement. Others Present: Ms. P. Houston, Ms. J. Buckingham, Ms. J. Murphy, Ms. C. Hunt, Ms. L. Baillargeon, Ms. J. Koppeser, Ms. A. Menon, and Ms. D. Gilchrist and Messrs. R. Pritchard, F. Pizzuto, G. Sosnoski, J. Shivas, R. Gosse, G. Melanson and D. Quinn Ms. D. Gilchrist, Committee Administrator, assumed the Chair for the purpose of appointing a Committee Chair and Vice-Chair. 1. APPOINTMENTS- COMMITTEE CHAIR AND VICE-CHAIR On motion by Councillor B. Vrbanovic – : it was resolved “That Councillor J. Ziegler be appointed Chair of the Finance & Corporate Services Committee for a term to expire November 30, 2002. - and - That Councillor M. Galloway be appointed Vice-chair of the Finance & Corporate Services Committee for a term to expire November 30, 2002.” Councillor J. Ziegler then assumed the Chair. 2. CRPS-01-187-EXEMPTION REQUEST -MUNICIPAL CODE CHAPTER 408 (ANIMALS-REGULATION) -94 LOCUST STREET The Committee was in receipt of Corporate Services Department report CRPS-01-187, dated October 10, 2001 outlining a request received from Mrs. Clara Grosselfuenger, for a temporary exemption to Municipal Code Chapter 408 (Animals – Regulation) to allow her to keep and slaughter chickens and/or ducks at her 94 Locust Street residence. In addition to outlining her request, the report also includes certain conditions which, if the Committee decides it wishes to approve the exemption, they may want to include as part of their decision. Mrs. Grosselfuenger advised that she has a health condition that requires her to eat only fresh foods. In this regard, she provided a medical diagnosis, in German, from a doctor in Germany. She advised that she has had this condition for several years and has been able to control the condition by eating only fresh foods, primarily fresh poultry, eggs and vegetables; consequently, she has not felt the need to obtain a diagnosis from a Canadian doctor, and in fact has not been able to find a family doctor since moving to Kitchener. With regard to her request for a temporary exemption to the Municipal Code, Mrs. Grosselfuenger advised that because she has just started her own business, she is not able to get a mortgage until she can provide two years of financial statements, which means she cannot move out of the City until at least July 31, 2003. Councillor Vrbanovic put forward a recommendation to approve a temporary exemption to Municipal Code Chapter 408, as requested by Mrs. Grosselfuenger, subject to the conditions identified in the staff report. Councillor J. Smola requested that the motion be amended to require that the chickens and/or ducks be kept indoors, either in the garage or basement; as the complaint to the Humane Society was based on the fact the birds are being kept on this property, not because of noise or any other factors. Mrs. Grosselfuenger advised that during the winter months the birds are housed in her garage and she has no objection to keeping them in the garage all year. Mr. G. Boes, of the Kitchener Waterloo and North Waterloo Humane Society was in attendance and advised that they have a Code of Practice which would address the required housing for these birds, whether they are kept inside or outside the dwelling or garage. Councillor Smola’s amendment was accepted by Councillor Vrbanovic as a friendly amendment. 2. CRPS-01-187-EXEMPTION REQUEST FINANCE & CORPORATE SERVICES COMMITTEE MINUTES OCTOBER 15, 2001- 114-CITY OF KITCHENER -MUNICIPAL CODE CHAPTER 408 (ANIMALS-REGULATION) -94 LOCUST STREET (CONT’D) On motion by Councillor B. Vrbanovic – it was resolved: “That approval be given to the request of Clara Grosselfuenger for a temporary exemption to City of Kitchener Municipal Code Chapter 408 (Animals-Regulation) to permit her to keep up to 2 chickens or ducks on her property at 94 Locust Street, Kitchener, and to slaughter them on the property, subject to the following conditions: a) That the birds be limited to those of the female sex; b) That this exemption be permitted only until July 31, 2003; c) That this exemption shall only apply to the property at 94 Locust Street, and only as long as it is owned and occupied by Clara Grosselfuenger; d) That this exemption is subject to further resolutions of Council either reversing or modifying the exemption should the City receive further complaints or evidence of health concerns; and, e) That the animals shall be housed and cared for, either inside the house or inside the garage, in a manner satisfactory to the Kitchener-Waterloo and North Waterloo Humane Society, whose staff shall be permitted unannounced inspections during reasonable hours and as frequently as they deem necessary.” 3. CRPS-01-182-ALTERNATIVE MASSAGE PROVIDER -LICENSING BY-LAW -REQUEST FOR DIRECTION The Committee was in receipt of Corporate Services Department report CRPS-01-182, dated October 1, 2001, providing information to the Committee, including alternative courses of action, for a licensing by-law to regulate and license alternative massage providers. The report requests direction from the Committee in this regard. Ms. A. Menon addressed the Committee noting that the report presents four possible responses to the matter of licensing or not licensing alternative massage providers, noting that Option #3 is similar to the by-law of the Town of Richmond Hill. There were several delegations in attendance to speak to the staff report. Ms. Niki Klein provided the Committee with her educational background and experience in the field of Complementary Health Care. She noted that the issue of licensing Complementary Health Care came about as a result of Council’s concerns over body rub parlours. She questioned the various facets of any licencing by-law and requested that the Committee carefully consider all the information that has been provided. Mayor Zehr questioned Ms. Klein as to which terminology should be used in a by-law, to describe the practitioners of various modalities, and Ms. Klein agreed that ‘Complementary Health Care Practitioners’ will be acceptable terminology. Mr. Don Reid, representing the Reflexology Registration Council of Ontario, addressed the Committee to again request that the City of Kitchener adopt a similar by-law to that adopted by the Town of Richmond Hill. He noted that the exemptions in that by-law are very well defined. He advised that the Reflexology Registration Council of Ontario’s goal is to establish itself as a self- regulating body, and is attempting to satisfy Provincial criteria. He also noted that the Reflexology Schools are registered with the Province. Councillor Ziegler noted that Option #3 in the staff report is the same as the Richmond Hill by-law, and questioned whether Mr. Reid would be supportive of that option if adopted by Council. Mr. Reid advised that he would support Option #3 if the resulting by-law is exactly as explained FINANCE & CORPORATE SERVICES COMMITTEE MINUTES OCTOBER 15, 2001- 115-CITY OF KITCHENER 3. CRPS-01-182-ALTERNATIVE MASSAGE PROVIDER -LICENSING BY-LAW -REQUEST FOR DIRECTION (CONT’D) in the staff report. He advised that the Reflexology Registration Council would participate fully with staff in determining the exemption criteria, if required. The following delegations each spoke briefly in response to the staff report: Ms. Bernice Uebele, a Registered Nurse and Complementary Health Care Practitioner, Ms. Elaine Lane and Mr. Thomas Daly, representing the Gin Shin Centre and the Canadian Practitioners of Asian Medicine Association. The issue of those who practice more than one modality was raised and Ms. Koppeser advised that if one of the modalities practiced by practitioners of multiple modalities has a governing body that meets the City’s exemption criteria, they will be exempt from the requirement to obtain a licence for all modalities practised, based on their Code of Ethics. The cost of licences and fines was discussed in relation to income earned, and Councillor Ziegler noted that no licence fees would be charged to those who belonged to an exempt association, and fines are imposed by a Justice of the Peace who does not usually impose the maximum fine for first time offenders. Councillor C. Weylie put forward a motion to adopt Option #3 in the staff report, which will result in a by-law similar to that of the Town of Richmond Hill. Councillor Galloway questioned determination of those associations whose members will be exempt from the licensing provisions of the proposed by-law. Ms. J. Koppeser advised that staff will prepare the criteria to determine which associations will be included in the exemption by considering each association’s Codes of Ethics, and whether each practitioner is a member in good standing. Ms. Koppeser noted that Complementary Health Care is a growing field and determination of which associations are to be included in the exemption will be ongoing. The criteria for exempting associations could be included in the by-law. Mayor Zehr stated that the exempt associations could be approved by Council, who can add to the list over time. He suggested that one of the criteria could be whether the association has a provincial or federal jurisdiction. Councillor Ziegler directed that all those who have shown an interest in this matter be provided with a copy of the proposed by-law prior to it being presented to Council for adoption. On motion by Councillor C. Weylie – it was resolved: “That staff prepare a by-law for consideration by Council to license and regulate Complementary Health Care Practitioners, which will exempt those practitioners from obtaining a licence who are regulated by a governing body that meets the City’s criteria; and, That staff develop criteria to determine which Complementary Health Care Associations will be eligible for exemption to facilitate preparation of a list of those associations that have provided evidence that they can and will enforce a code of ethics acceptable to the City; and, That the by-law include the provision that any Complementary Health Care Practitioner who practices more than one modality, if they are regulated by a governing body that meets the City’s criteria for any one of the modalities, will be exempt from City of Kitchener licensing for all modalities practiced; and further, That the proposed licensing by-law be provided to all who have shown an interest in this matter, prior to it being presented to Council for adoption.” FINANCE & CORPORATE SERVICES COMMITTEE MINUTES OCTOBER 15, 2001- 116-CITY OF KITCHENER 4. FIN-01-031-NATURAL GAS RATE -GAS SUPPLY CHARGE DECREASE EFFECTIVE NOVEMBER 1, 2001 The Committee was in receipt of Financial Services Department report FIN-01-031, dated October 9, 2001, recommending a decrease, effective November 1, 2001, in the supply price for the natural gas commodity for system gas customers of the City of Kitchener. Mr. D. Quinn was in attendance to review the report and answer any questions the Committee might have in this regard. He noted that overall the gas bill to consumers will be down 8%. He also advised that staff are drafting a statement to be included in all gas bills to inform the public as to what is taking place with respect to gas pricing. On motion by Councillor C. Weylie - it was resolved: “That effective November 1, 2001, the supply price for the natural gas commodity be decreased to 23.8 cents per cubic meter from 27.160 cents per cubic meter for City of Kitchener system gas customers.” 5 FIN-01-033-NATURAL GAS RATE -GAS DELIVERY CHARGE INCREASE EFFECTIVE NOVEMBER 1, 2001 The Committee was in receipt of Financial Services Department report FIN-01-033, dated October 10, 2001 with respect to an increase in the delivery charge for natural gas delivery, effective November 1, 2001. Mr. D. Quinn advised that the proposed rates match those of the retail rates for delivery of gas charged by Union Gas. He noted that the increase is only 1.1%. On motion by Councillor B. Vrbanovic – it was resolved: “That effective November 1, 2001, the proposed rates for natural gas delivery outlined in Appendix “A” to Financial Services Department report FIN-01-033 be implemented.” 6. SSD-01-007-PROPOSED COUNCIL POLICY FOR 40 HOUR WORK WEEK PREMIUM PAYMENT The Committee was in receipt of Strategic Services Department report SSD-01-007 recommending a new policy with respect to 40 hour premium payment for supervisory and non- union positions as well as employees under C.U.P.E. Local 791, all of whom are scheduled to work a 40 hour workweek. The policy establishes a method of compensation for this work. On motion by Councillor M. Galloway - it was resolved: “That the policy titled “40 Hour Premium Payment” attached as Appendix 1 to Strategic Services Department report SSD-01-007, being a revised method to compensate supervisory and non-union positions scheduled to work a 40 hour workweek be implemented effective November 1, 2001. - and - That effective November 1, 2001, CUPE Local 791 employees scheduled to work a 40 hour workweek, and identified in the current collective agreement as eligible to work a 40 hour workweek, be eligible for the same method of compensation as outlined in the policy titled “40 Hour Premium Payment” attached as Appendix 1 to Strategic Services Department report SSD-01-007.” FINANCE & CORPORATE SERVICES COMMITTEE MINUTES OCTOBER 15, 2001- 117-CITY OF KITCHENER 7. CRPS-01-181-LANDS TO BE DECLARED SURPLUS TO CITY’S NEEDS -HOMER WATSON BOULEVARD -DEED LAND FOR BRIDGE AND ROAD CONSTRUCTION AND TRANSFER OF AN EASEMENT TO REGION OF WATERLOO The Committee was in receipt of Corporate Services Department report CRPS-01-181, dated October 4, 2001, recommending that Council rescind the surplus designation for lands described as Part of Bechtel’s Tract, Lot 44 and Part of Lots 42 and 43, Registered Compiled Plan 1478, designated as Part 4, Reference Plan 58R-9738. The report also recommends that specific lands on Homer Watson Boulevard be declared surplus to the City’s needs and transferred for Regional bridge and road construction. On motion by Mayor C. Zehr – it was resolved: “That the surplus designation for Part of Bechtel’s Tract, Lot 44 and Part of Lots 42 and 43, Registrar’s Compiled Plan 1478, designated as Part 4, Reference Plan 58R-9738, be rescinded; and, That land located on Homer Watson Boulevard, described as Part of Bechtel’s Tract, Lot 44 and Part of Lots 42 and 43, Registrar’s Compiled Plan 1478, designated as Part 1, Reference Plan 58R-13131; and Part of Lots 31 and 41, Registrar’s Compiled Plan 1478, designated as Parts 2 and 9, Reference Plan 58R-9738, be declared surplus to the City’s needs and transferred to the Regional Municipality of Waterloo for bridge and road construction on these lands; and further, That the Mayor and Clerk be authorized to execute all documentation in this regard as approved by the City Solicitor.” 8. CRPS-01-184-COUNCIL / COMMITTEE 2002 SCHEDULE The Committee was in receipt of Corporate Services Department report CRPS-01-184, dated October 5, 2001, recommending a Council and Standing Committee meeting schedule for the year 2002. On motion by Mayor C. Zehr – it was resolved: “That the 2002 Schedule of Council and Standing Committee Meetings in Corporate Services Department report CRPS-01-184 be approved.” 9. CRPS-01-186-AGENDA PROCESS AND PREPARATION FOR STANDING COMMITTEES The Committee was in receipt of Corporate Services Department report CRPS-01-186, dated October 9, 2001, with respect to the agenda process for Standing Committees. The report contained three options with respect to the introduction of a form of Consent Agenda for each Standing Committee, to expedite Committee business where it is routine and non- controversial. Committee discussed the various options presented in the report and spoke in favour of a combination of options 1 and 2, whereby City Clerk’s staff, following consultation with the Committee Chair, would prepare a Consent Agenda for each Standing Committee. The Committee also discussed their desire to receive, each week along with their Friday package, a Schedule of Meetings for that week. Mayor Zehr noted that a similar format is used by the Region and agreed to provide the City Clerk and Deputy City Clerk with a copy of the form of schedule used by the Region of Waterloo. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES OCTOBER 15, 2001- 118-CITY OF KITCHENER 9. CRPS-01-186-AGENDA PROCESS AND PREPARATION FOR STANDING COMMITTEES (CONT’D) On motion by Councillor B. Vrbanovic – it was resolved: “That a ‘Consent Agenda’ be implemented as part of all Standing Committee agendas; with City Clerk’s staff to consult with the Committee Chair as to which items are to be included in the Consent Agenda portion.” 10. CRPS-01-185-APPOINTMENT TO ADVISORY COMMITTEE -RECRUITMENT STRATEGY The Committee complimented staff with respect to the strategy being followed this year, and proposed for subsequent years, to recruit lay members to City Advisory Committees, as outlined in Corporate Services Department report CRPS-01-185. It was noted that, with respect to the Centre in the Square, four members of Council sit on that Board of Directors. 11. ADJOURNMENT On motion, the meeting adjourned at 3:35 p. m. Dianne H. Gilchrist Committee Administrator