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HomeMy WebLinkAboutFin & Corp Svcs - 2005-11-21 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES NOVEMBER 21 ~ 2005 CITY OF KITCHENER Present: The Finance and Corporate Services Committee met this date, commencing at 1 :05 p.m. Staff : Councillor M. Galloway, Vice-Chair Mayor C. Zehr and Councillors G. Lorentz, J. Smola, J. Gazzola and C. Weylie. 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 R. Gosse, Director of Legislated Services S. Turner, Director of Enforcement D. Chapman, Director of Financial Planning & Reporting R. Pitfield, Director of Communications / Marketing K. Baulk, Director of Enterprise L. MacDonald, City Solicitor T. Beckett, Deputy Fire Chief P. Harris, Manager of Licensing L. Eckel-Braun, Manager of Cemeteries D. Campbell, District Facilitator C. Goodeve, Committee Administrator J. Billett, Committee Administrator 1. CRPS-05-166 - REQUEST FOR REDUCED LICENCE FEE - "SEEDY SATURDAY" EVENT - FEBRUARY 18, 2006 - DOON HERITAGE CROSSROADS The Committee considered Corporate Services Department report CRPS-05-166 (P. Harris), dated November 7, 2005 concerning a request for a reduced licence fee for the "Seedy Saturday" event to be held February 19, 2006. On motion by Councillor C. Weylie - it was resolved: "That the request of Doon Heritage Crossroads to pay a reduced licence fee of $10. for the 'Seedy Saturday' event to take place on February 19, 2006 at Doon Heritage Crossroads be granted." 2. DELEGATION PRESENTATION - NEW PROJECTS IN KITCHENER PUBLIC LIBRARY'S 2006-2015 CAPITAL FORECAST The Committee considered a report from the Kitchener Public Library (KPL), dated November 21, 2005 concerning a request to include additional funding in their 2006-2015 Capital Forecast to expand 2 existing projects and add 3 new projects. Ms. S. Lewis, CEO - KPL, reviewed each of the following 5 projects, advising that: · the Book Reserve Fund established in 2000 is scheduled to end in 2010; an extension to 2015 is requested at $100.000. per year to ensure continued collection development; · technology upgrades introduced in 2003 require significant increase in funding to support upgrading of hardware and software to keep pace with effective customer service; annual rather than bi-annual funding is requested over the 10 year period at an additional $1.3 M; · funding is requested for a new community library in southwest Kitchener where significant development and growth has occurred; development is expected for 2016 at a cost of $10 M over two years beginning in 2015; · funding is requested for customer surveys and needs assessments to collect data for development of special projects, strategic plans and servicing; to be conducted every 3 years beginning in 2008; · funding is requested to implement Radio Frequency Identification (RFID) technology which provides a method of storage and remote retrieval of data associated with collections; implementation is anticipated to cost $1 M phased in over several years beginning in 2008 through 2011 . FINANCE & CORPORATE SERVICES COMMITTEE MINUTES NOVEMBER 21 ~ 2005 - 120 - CITY OF KITCHENER 2. DELEGATION PRESENTATION - NEW PROJECTS IN KITCHENER PUBLIC LIBRARY'S 2006-2015 CAPITAL FORECAST (CONT'D) Ms. Lewis responded to a number of questions providing clarification of the purpose of RFID technology, use of surveys and the anticipated impact of the new central library on circulation volume. At the request of Councillor M. Galloway, it was agreed that an information package be provided to members of Council prior to budget deliberations, concerning the capital and operating budgets of KPL and the percentage of per capita funding provided to KPL by each area municipality within the Region of Waterloo. At the request of Ms. P. Houston, the Committee agreed to revise the staff recommendation to provide that the Library's request be subject to the 2006 budget deliberations. On motion by Councillor G. Lorentz - it was resolved: "That subject to the 2006 capital budget deliberations, Kitchener Public Library's (KPL) 2006-2015 Capital Forecast include funding for an extension to the Book Reserve Fund; an increase in the Technology Upgrade Fund; and three new projects: a south- end community library, customer needs surveys and radio frequency identification technology, as outlined in KPL's report dated November 15, 2005." 3. CRPS-05-172 - USE OF CITY FACILITIES FOR POLITICAL CAMPAIGN PURPOSES The Committee considered Corporate Services Department report CRPS-05-172 (G. Sosnoski) dated November 14, 2005 concerning a draft policy for use of City facilities for political campaign purposes. Mr. G. Sosnoski advised that currently no policy or guidelines exist as to what is and is not permitted in regard to campaigning in City facilities. The draft policy was developed to provide City facility operators and members of the public with clear and consistent direction and will apply to Federal, Provincial and/or Municipal elections. In drafting the policy, staff attempted to balance the appropriate use of a public facility for a fundamental democratic process with the rights and needs of citizens to have unimpeded access to facilities for recreational or other intended purposes. Mr. Sosnoski noted that the policy prohibits campaigning outside City Hall as it is the seat of government and its use could directly or indirectly suggest endorsement of a particular candidate or political party; however, requests for an exemption may be made to the City Clerk in writing and will require Council approval. Mr. B. McColl, resident, raised concerns with regard to the draft policy asking that the Committee consider the following three issues: · permit candidates to leave a limited number of campaign flyers in community centres on the basis that the candidate is responsible for re-stocking as needed; · prohibit campaign signage within a room where an election debate is being held to ensure equity among candidates; and, · permit campaign signage on Regional roads to enhance visibility of new candidates in competition with encumbents. Mr. McColl was advised that signage on Regional roads does not fall under the City's jurisdiction and it was suggested that he pursue this matter with Regional Council. It was also noted that the City's Sign By-law does not permit election signs on public property and candidates placing signs on private property must have permission of the property owner. In regard to campaign flyers, Mr. Sosnoski pointed out that the logistics of providing sufficient space is problematic given the number of candidates running in any given municipal election and which could be compounded if a Federal or Provincial election is held in the same time period. He added that it is considered inappropriate for a candidate to use a Neighbourhood Association's blocked meeting space in community centres as some may have a stronger relationship than others with their respective Associations, thereby having the appearance of an unfair advantage. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES NOVEMBER 21 ~ 2005 - 121 - CITY OF KITCHENER 3. CRPS-05-172 - USE OF CITY FACILITIES FOR POLITICAL CAMPAIGN PURPOSES (CONT'D) All candidates can book space at cost in any community centre for their personal use, or arrange an all candidates debate at no cost. Mr. Sosnoski further noted that signage in rooms where election debates are being held was contemplated more directly in relation to Federal and Provincial elections but is applied to all to ensure a consistent approach is taken. At the request of Councillor C. Weylie, it was agreed that the policy be amended to remove reference to the "KOR Gallery and Studio" and the facility be re-identified appropriately as the KOR organization no longer exists. Mayor C. Zehr requested clarification of the last bulleted paragraph under the heading "Scope" regarding mass media opportunities/news items. Mr. Sosnoski advised that the intent is to permit distribution of campaign literature and placards within a room used for all candidate debates but not in the case of a mass media event; however, he suggested that an all candidate debate could be construed as a mass media event. Subsequently, Mr. G. Sosnoski suggested and it was agreed, that the paragraph be deleted from the policy in its entirety. On motion by Mayor C. Zehr - it was resolved: "That the draft policy appended to Corporate Services Department report CRPS-05-172 (G. Sosnoski), dated November 14, 2005, regarding use of City facilities for political campaign purposes be adopted, as amended by removing reference to the 'KOR Gallery and Studio' and re-identifying this facility under an appropriate name; and to remove the last bulleted paragraph under the heading 'Scope' regarding 'mass media opportu nities/news items'." 4. CRPS-05-161 - ENVIRONMENTAL COMMITTEE RECOMMENDATION - REQUEST FOR INCREASE TO PROGRAM FUNDING The Committee was in receipt of Corporate Services Department report CRPS-05-161 (C. Goodeve), dated October 26, 2005 concerning a request to increase funding to $18,000. from $10,000. for the Community Environmental Improvement Grant Program. At the request of staff, the Committee agreed to defer and refer this matter back to the Environmental Committee for further consideration as the anticipated increase in the number of grant applications was not realized. On motion by Councillor G. Lorentz - it was resolved: "That Corporate Services Department report CRPS-05-161 (C. Goodeve), dated October 26, 2005 concerning a request to increase funding for the Community Environmental Improvement Grant Program be deferred and referred to the Environmental Committee for further consideration. " 5. CRPS-05-169 - AMENDMENT TO MUNICIPAL CODE, CHAPTER 842 (HEDGES) - AUTHORITY TO CARRY OUT REPAIRS The Committee considered Corporate Services Department report CRPS-05-169 (S.Turner), dated November 15, 2005 requesting an amendment to Chapter 842 (Hedges and Other Objects) of the City's Municipal Code to eliminate the requirement for Council to enact a site- specific by-law each time required work is to be carried out on a private property in the event of non-compliance. Mr. S. Turner advised that the amendment is requested to streamline the enforcement process and eliminate unnecessary steps related to enacting site specific by-laws. The amendment will include giving authority to the Director of Enforcement to cause the required remedial work to be undertaken where, in his/her opinion, the associated costs will not exceed $10,000. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES NOVEMBER 21 ~ 2005 - 122 - CITY OF KITCHENER 5. CRPS-05-169 - AMENDMENT TO MUNICIPAL CODE, CHAPTER 842 (HEDGES) - AUTHORITY TO CARRY OUT REPAIRS (CONT'D) On motion by Councillor G. Lorentz, the staff recommendation contained in report CRPS-05- 169 was brought forward for consideration. In response to Councillor J. Gazzola, Mr. Turner advised that the upset limit of $10,000 was chosen as it aligns with the City's Purchasing By-law requirements and in the event it is determined remedial work will exceed the limit, Council approval will be sought through the tendering process. He added that he had no concerns with lowering the upset limit to $5,000., if so directed. Councillor G. Lorentz agreed to amend his motion to lower the upset limit to $5,000. on proviso that staff report within one year as to any impact it may have had on staff's ability to carry out remedial work. On motion by Councillor G. Lorentz - it was resolved: "That a by-law be enacted to amend Chapter 842 (Hedges and Other Objects) of the Municipal Code, to eliminate the requirement for Council to enact a site specific by-law each time required work is to be undertaken on private property in the event of non- compliance with the Chapter; and further, That such by-law amendment authorize the Director of Enforcement to cause the necessary work to be done on private property provided that, in his/her opinion, the costs associated with such work are not anticipated to exceed $5,000.; and a report be provided within one year as to the impact of lowering the upset limit to $5,000. from $10,000." 6. FIN-05-040 - DEPARTMENTAL SECONDED PROGRAM FOR SPECIAL PROJECTS The Committee considered Financial Services Department report FIN-05-040 (P. Houston), dated November 7, 2005 concerning approval of a Departmental Seconded Program for Special Projects. Ms. P. Houston advised that the program will provide an opportunity for leadership growth within the organization through secondment of internal staff to work on departmental special projects, where qualified. She noted that positions will only be filled if surplus funding is available through the gapping program. Ms. Houston also advised that the permanent employee position left vacant through secondment will be back-filled through contract employment. At the request of Councillor J. Gazzola, Ms. Houston agreed to report at the November 28, 2005 Council meeting as to the current status of the gapping program. On motion by Councillor C. Weylie - it was resolved: "That the Departmental Seconded Program for Special Projects as detailed in Financial Services Department report FIN-05-040 be approved, effective May 1, 2006, subject to funding availability from the Corporate Gapping Program of the previous year." 7. FIN-05-041 - CENTRAL ALARM MONITORING The Committee considered Financial Services Department report FIN-05-041 (T. Beckett), dated November 7, 2005 requesting funding be allocated in the Capital Forecast for a Corporate Monitoring Central Alarm System in 2006. Mr. T. Beckett advised that both the Fire Services and Utilities Division have responsibility for alarm monitoring, and both are outgrowing their existing hardware/software systems. An internal working group was established to review the entire concept of alarm monitoring to determine where efficiencies might be gained, with the goal to combine the two existing systems into one. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES NOVEMBER 21 ~ 2005 - 123 - CITY OF KITCHENER 7. FIN-05-041 - CENTRAL ALARM MONITORING (CONT'D) Mr. Beckett noted that a formal business case will be presented for consideration at a future date, prior to any funds being expended; however, a funding allocation is needed at this time in the 2006 Capital Budget to address anticipated timelines for system replacement. On motion by Councillor C. Weylie - it was resolved: "That a project allocation of $200,000. for a Corporate Central Alarm Monitoring System be included in the Capital Forecast for consideration during the 2006 capital budget review process." 8. FIN-05-042 - AUTHORIZATION TO EXTEND PURCHASE ORDERS FOR CONSULTANT FEES The Committee considered Financial Services Department report FIN-05-042 (P. Houston), undated, requesting increases in consultant fees with regard to an appeal to the Ontario Municipal Board (OMB) of the City's 2004 Development Charge Background Study and Development Charge Rate By-law. Councillor M. Galloway disclosed a pecuniary interest in this matter and abstained from all discussion and voting as he is a relative of the consultant named in regard to Purchase Order #500260. Councillor J. Smola assumed the Chair for the purpose of conducting this portion of the meeting. Ms. P. Houston advised that the consulting fees were originally estimated on the basis of a potential settlement prior to a full OMB Hearing. The scope has now been expanded in anticipation of a full OMB Hearing and the consultants named are likely to be called as witnesses. On motion by Councillor C. Weylie - it was resolved: "That increases to the following purchase orders for consulting services related to appeal of the City's July 2004 Development Charge Background Study and Development Charge Rate By-law be approved, and be funded from the City's Capital Surplus Account: Purchase Order #500283 - Hemson Consulting Ltd. - increase from $15,000. to $75,000. plus taxes; and, Purchase Order #500260 - F. J. Galloway Associates Inc. - increase from $12,000. to $30,000. plus taxes." Councillor M. Galloway then assumed the Chair. 9. FIN-05-038 - COMPREHENSIVE FEE REVIEW The Committee considered Financial Services Department report FIN-05-038 (D. Chapman), dated November 9, 2005 regarding proposed 2006 Fees and Charges and attached comprehensive listing of fees and charges by Department, excluding Fire Services inspection and permit fees. Mr. D. Chapman noted that staff were given an initial 30/0 budget guideline for fee increases and based on current budget submissions, the revenue increase over 2005 is at 3.90/0, comprised of both rate and volume increases. He pointed out that in two areas, strategic fee adjustments are recommended as part of an overall objective for potential budget reduction initiatives. The first is in regard to Cemetery fees, where an increase greater than 30/0 is proposed to align with current market rates. The adjustment is desired to ensure parity with other area cemeteries and balance demand for service. It is also anticipated to increase revenue by $71 ,000. in excess of the 30/0 increase, which serves as a general tax reduction initiative by reducing the annual cemetery deficit. The second is in regard to Planning and Development fees, wherein the introduction of Government Bill 124 (Building Code FINANCE & CORPORATE SERVICES COMMITTEE MINUTES NOVEMBER 21 ~ 2005 - 124 - CITY OF KITCHENER 9. FIN-05-038 - COMPREHENSIVE FEE REVIEW (CONT'D) Amendment Act) requires building permit fees to be limited to the cost of administering and enforcing the Act, resulting in inability to continue subsidizing other aspects of the development approvals process with building permit revenues. Accordingly, certain development review functions currently below a reasonable cost recovery level are targeted for adjustment, being: site plan approvals; letters of compliance; standard condominium and condominium conversions; portable signs; part lot controls; subdivisions; and municipal plan amendments. The proposal will increase revenues by $131 ,000. in excess of the 30/0 increase. It was noted that in the absence of the strategic adjustment, the annual increase in total fee revenue would be 2.60/0 as opposed to 3.90/0. Mr. Chapman further noted that Fire Services inspection and permit fees are excluded as they are subject to a formal public meeting process scheduled for December 5, 2005. Several staff provided additional explanation of fees proposed for certain line items related to Standing Committee minutes; rental facilities at Community Centres; fire extinguisher training; and seniors recreational programming rates. Questions were raised regarding increased insurance rates for use of City facilities, and Mr. Chapman advised that the City's insurance provider has indicated the insurance pool surplus is currently under-funded, and a 150/0 uniform increase across all City budgets was imposed. Mayor C. Zehr suggested and it was agreed, that staff provide information to refresh the Committee's understanding of how the insurance pool is operated, including who is responsible for the deductible portions and what the surplus requirements are, for discussion at a later date. The Committee also discussed in greater detail the proposed strategic adjustment for Cemetery fees, during which staff advised the intent is to bring the Cemetery closer to being a self-sustained enterprise and in this regard, a business case is to be presented for consideration at a future date. Mayor C. Zehr cautioned staff to take care in protecting the future operations of the Cemetery, in that, the enterprise will eventually have no more land from which to derive revenues but will continue to require funding for cemetery maintenance. He noted an example of other cemeteries, wherein membership fees are collected one year in advance for use in the current year of operations and advised that he would pursue this matter fu rther with staff. On motion by Councillor J. Smola - it was resolved: "That the proposed 2006 Fees and Charges, excluding Fire Department inspection and permit fees, as contained in the 2006 Comprehensive Fee Review attached to Financial Services Department report FIN-05-038 be approved; and, That the Manager of Cemeteries be directed to forward the Cemetery Tariff of Fees and Charges to the Ministry of Government Services - Cemeteries Regulation Unit for filing, in order that the proposed fees become effective January 1, 2006; and further, That Legal Services staff be directed to prepare the necessary by-laws to amend The City of Kitchener Municipal Code Chapters for fees pertaining to licensing, planning applications and Committee of Adjustment applications." 10. CRPS-05-171 - 2006 MUNICIPAL ELECTION - PROPOSED CHANGE RE: ADVANCE VOTING / VOTING DAY LOCATIONS / STAFFING The Committee considered Corporate Services Department report CRPS-05-171 (R. Gosse), dated November 10, 2005 advising of proposed changes for the 2006 Municipal Election relative to advance voting; voting place locations; and staffing. It is noted in the report that 4 advance votes are planned, with one for all Wards to be held at Fairview Park Mall and 3 in each of the 6 Wards to be held in community centres. Voting place locations will increase through additional use of multi-residential buildings to make voting more convenient and in turn, increase voter turnout. Staffing in the polls will change by firstly, reducing the number of Election Assistants to assignment of an assistant only at voting places with more than 2 polls; and secondly, by changing the duties of the Deputy Returning Officer (DRO) and Poll Clerk to FINANCE & CORPORATE SERVICES COMMITTEE MINUTES NOVEMBER 21 ~ 2005 - 125 - CITY OF KITCHENER 10. CRPS-05-171 - 2006 MUNICIPAL ELECTION - PROPOSED CHANGE RE: ADVANCE VOTING / VOTING DAY LOCATIONS / STAFFING (CONT'D) facilitate reduction in the amount of time an elector needs to spend in a voting place and allow the DRO to concentrate on providing quick and efficient service to the elector. Mr. R. Gosse advised that the 3 advance votes held in each of the Wards will be at the same location for all 3 days of voting, noting that in choosing a Community Centre staff considered the location in context of the Ward; size of available space; and accessibility. He added that if differing locations were used on each of the 3 days it would complicate communication of voting place locations to the electorate and create confusion as to where they are to go to vote. Mr. Gosse also commented on the experiences of other municipalities who have had success in holding advance voting in a mall environment, noting that Fairview Park Mall was not chosen on the basis of being centrally located but rather on the basis of convenient access to the voting population and the anticipated resultant increase in voter turnout. 11. CPRS-05-168 -IN-CAMERA LEGISLATIVE CHANGES - BILL 123/ MUNICIPAL ACT The Committee considered Corporate Services Department report CPRS-05-168 (G. Sosnoski), dated November 8, 2005 prepared in response to a request for advice on how Ontario's approach to caucus meetings compares to other jurisdictions and what, if any, elements of Government Bill 123 (Transparency In Public Matters Act) should be considered as potential amendments to the Municipal Act. The report also addresses a subsequent request to include any transparencies / accountability measures which the City could undertake that would not require further legislative amendments, as outlined in subsection f ) of the report. Mr. G. Sosnoski advised that in review of Bill 123, staff are recommending two changes for consideration by the Province regarding open and closed meetings, being: a clear and expanded definition of the word 'meeting' to include non-traditional venues such as electronic and telephone meetings; and addition of a category to allow in-camera meetings relating to discussions and/or negotiations of a strategic nature involving a municipally-owned business enterprise, or the development of a commercial or strategic partnership involving other government bodies, institutions or private sector companies, where public discussion in the early stages would be detrimental to the interests of the public or the third party. Mr. Sosnoski noted that given the complexities involved, staff determined that it would be impractical to put forward a recommendation regarding the oversight / complaint / appeal and penalty provisions and in the event Council wishes to pursue this further, staff suggest that the Province be asked to investigate. He added that the method used by staff to produce in-camera agendas, as well as statistical information regarding the number of meetings and time spent in in- camera, is provided for purposes of clarification. Councillor J. Gazzola raised concerns with the limited content of in-camera minutes and the publics inability to gain an understanding of the full debate that takes place with regard to decisions made. Mr. Sosnoski stated that more detailed minutes would defeat the intent of in- camera discussion and there is no legislated requirement to expand the content. He further raised concerns with the issue of confidentiality as it relates to the Freedom of Information and Privacy Act, wherein Council may find itself in contravention of the Act. Mayor C. Zehr commented that Council has a responsibility to protect the assets of the City. In this regard, he raised concerns that strategies developed to protect the City's assets could potentially be exposed through more detailed minutes and subsequently, used against the City in future negotiations. Mayor Zehr and Councillor G. Lorentz also commented on issues regarding matters of a personal nature that are discussed in-camera, that if released in the public forum could cause undue embarrassment to an individual. Mayor Zehr requested clarification of the additional category recommended for Provincial consideration with respect to in-camera meetings. Mr. Sosnoski advised that there is an increasing emphasis on development of shared services and partnerships where, in the early stages of the decision making process, matters of a sensitive nature require in-camera discussions; that if discussed in open session, could be detrimental to the interests of the public or third party. With regard to optional changes not requiring legislative amendments, Mr. Sosnoski advised that staff could voluntarily publish an annual report of in-camera meeting statistics; however, FINANCE & CORPORATE SERVICES COMMITTEE MINUTES NOVEMBER 21 ~ 2005 - 126 - CITY OF KITCHENER 11. CPRS-05-168 -IN-CAMERA LEGISLATIVE CHANGES - BILL 123/ MUNICIPAL ACT (CONT'D) he cautioned that the statistics could be misleading at times, wherein legitimate reasons may arise in any given year to meet extensively in in-camera on an issue of a large scale. Secondly, he suggested that staff could experiment with expanding the description of the nature of items to be discussed in Council's authorizing resolution but questioned its value. Mayor Zehr raised concerns that an expanded description combined with other publicly available information could inadvertently result in more information being in the public forum than was intended. He stated that he could support publishing an annual report on in-camera meeting statistics provided it is accompanied by a general explanation to address any perception of anomalies. On motion by Mayor C. Zehr - it was resolved: "That the Minister of Municipal Affairs and Housing be asked to consider, as part of the current Municipal Act review, the following changes with regard to open and closed meetings: · a clearer and expanded definition of 'meeting', to include non-traditional venues such as electronic and telephone meetings; · addition of a category which would allow Councils to meet in-camera relative to: discussions and/or negotiations of a strategic nature involving a municipally-owned business enterprise, or the development of a commercial or strategic partnership involving other government bodies, institutions or private sector companies, where public discussion in the early stages of formulating a decision would be detrimental to the interests of the public or the third party; and further, That staff provide any necessary explanatory notes required to clarify the request." 12. ADJOURNMENT On motion, the meeting adjourned at 3:15 p.m. Janet Billett, AMCT Committee Administrator