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 .
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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.
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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.
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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.
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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
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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
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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,
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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