HomeMy WebLinkAboutFinance & Admin - 2001-05-14FINANCE & ADMINISTRATION COMMITTEE MINUTES
MAY 14, 2001CITY OF KITCHENER
The Finance and Administration Committee met this date, chaired by Councillor j. Ziegler, commencing at
9:54 a.m., with the following members present: Mayor C. Zehr and Councillors M. Galloway, G. Lorentz,
and B. Vrbanovic.
Others Present:Ms. P. Houston, Ms. C. Ladd, Ms. J. Koppeser, Ms. S. Tranter, Ms. C. Heal, Ms. K.
Langver, Ms. A. Menon and Ms D. Gilchrist and Messrs. R. Pritchard, J. Shivas, D.
Mansell, G. Sosnoski, J. Witmer, G. Melanson and R. Kierstead.
1.
BPS-01-068 – COUNCIL POLICY I-612 RE: GRASS / WEED CONTROL AND REQUEST OF
SID NASSIF FOR RELIEF FROM GRASS CUTTING CHARGES
The Committee was in receipt of an staff report, BPS-01-068, dated May 7, 2001, in response to
Council’s resolution of April 23, 2001; which deferred consideration of the request of Mr. Sid Nassif
for relief from grass cutting charges relative to his property on Amherst Drive, pending
presentation of photographs of the subject property, and an explanation from staff as to why the
property exclusive of lands around the home, could not be treated as a field.
It was noted that Mr. Sid Nassif had registered as a delegation for this meeting but was not in
attendance.
Mr. J. Witmer was in attendance to represent the report and provided the Committee members
with photographs of the property owned by Mr. Nassif on Amherst Drive. Mr. Witmer advised that
in preparing this staff report, staff considered lots which are larger than the usual residential lots,
and also the current trend towards naturalization. The recommendation before the Committee to
define “grasses” within Chapter 650 (Lot Maintenance) of the Municipal Code, takes into
consideration the most common types of grasses. Mr. Witmer then referred to Council’s Policy I-
612 (Grass/Weed Control) stating that Council’s direction is quite clear.
Councillor Ziegler noted that if a property owner wanted to naturalize their property, it would have
to be with plant material other than those proposed to be defined as “grasses” in the Municipal
Code, and Mr. Witmer confirmed that was correct.
With respect to Mr. Nassif’s property at 69 Amherst Drive, Mr. Witmer stated that the inspector
advised that some of the grasses are up to 22” in height.
Mr. Witmer then advised that arrangements have been made with the Community Services
Department to have City staff cut grass in these circumstances, so that in the event Council waives
these types of charges, the City will not have to pay a contractor.
Mayor Zehr put forward the motion contained in the staff report, and proposed a second motion to
enforce the City’s by-law with respect to 69 Amherst Drive, and not to grant relief of the
outstanding charges for that property. Councillor Ziegler accepted the Mayor’s first motion and
requested that the two parts of his second motion be divided and voted on separately.
On motion by Mayor C. Zehr –
it was resolved:
“That Chapter 650 (Lot Maintenance) of the City of Kitchener Municipal Code be
amended to define “grass” as including but not limited to species commonly known as
Bluegrass, Fescue grasses, Ryegrasses and Bentgrasses, but shall not include
ornamental grasses.”
Councillor Ziegler then questioned the amount of charges outstanding for Mr. Nassif and was
advised $500.00, and that the property on Amherst Drive is 1.2 acres. Councillor Ziegler
stated that he felt the charges to be excessive. Mr. Witmer explained that when grass is
excessively high, the contractor must first cut the grass by hand, then rake it, and cut a
second time with a lawn mower.
Councillor Ziegler suggested that the by-law be enforced with respect to Mr. Nassif’s property
but that his current existing charges be waived.
FINANCE & ADMINISTRATION COMMITTEE MINUTES
MAY 14, 2001- 62-CITY OF KITCHENER
1.
BPS-01-068 – COUNCIL POLICY I-612 RE: GRASS / WEED CONTROL AND REQUEST OF
SID NASSIF FOR RELIEF FROM GRASS CUTTING CHARGES (CONT’D)
On motion by Mayor C. Zehr –
it was resolved:
“That staff continue to enforce Municipal Code Chapter 650 with respect to 69 Amherst
Drive.”
On motion by Mayor C. Zehr –
it was resolved:
“That the request of Mr. Sid Nassif for relief from grass cutting charges imposed by the
City relative to his property on Amherst Drive be denied.”
Councillor J. Ziegler requested that it be noted in the minutes that he voted in opposition to
this motion.
2.
BPS-01-069 – HEARING – DEVELOPMENT CHARGES COMPLAINT – MILL-GATE HOLDINGS
INC. – 271-275 SHOEMAKER STREET
The Committee was in receipt of Business and Planning Services Department report BPS-01-069,
dated May 10, 2001, recommending a partial refund of development charges paid in December
2000 for the property municipally known as 271-275 Shoemaker Street, Kitchener.
It was noted that a complaint from the property owner was received with respect to the amount of
the development charges for the above-noted property, pursuant to the Development Charges Act.
Notice of Hearing had been issued by the Clerk that a hearing of the complaint, by the City’s
Finance and Administration Committee would be held this date at 10:00 a.m. The Chair advised
that although Mr. D. Fedy had registered as a delegation in this regard, he would not be
appearing, as he is in agreement with the staff recommendation.
The Committee had been provided with copies of a revised recommendation from staff, changed
only to the extent that it include the provision that the partial refund of the development charges
would only be made upon the receipt of written withdrawal of the complaint.
On motion by Councillor B. Vrbanovic –
it was resolved:
“That a partial refund of development charges in the amount of $3,870.30 be approved
for Mill-Gate Holdings Inc., upon receipt by the Clerk of correspondence withdrawing
their complaint regarding the calculation of development charges imposed for 271-275
Shoemaker Street.”
3.
CRPS-01-074 – LICENSING OF ESCORT SERVICES
The Committee was in receipt of a Corporate Services Department report CRPS-01-074, dated
May 9, 2001, recommending that notice be published in The Record that Council intends to enact
a by-law to license escort services. The report also recommends that any public comment in this
regard be considered at the June 4, 2001 Finance and Administration Committee meeting.
Ms. Jodie Desbien appeared as a delegation in response to the staff report, stating her opinion
that the licence fees should be higher than proposed by staff, and in line with those of the City of
Windsor. She stated her belief that the low licence fees proposed by staff would not curb illegal
activity. Ms. Desbien also suggested that licence fees should be paid by drivers, and that there
should be outcall only service.
Mr. G. Sosnoski advised that the legislation limits the amount of licence fees to cost recovery only,
and the fees being proposed reflect the staff time required. He noted the City of Windsor is in a
different situation, as they have a single tier government and their fees include policing costs.
With respect to livery licensing, staff would have to determine whether the Region has
3.
CRPS-01-074 – LICENSING OF ESCORT SERVICES (CONT’D)
FINANCE & ADMINISTRATION COMMITTEE MINUTES
MAY 14, 2001- 63-CITY OF KITCHENER
jurisdiction, as they issue taxi licences.
The Committee was generally reluctant to adopt the staff recommendation, as they believed a
considerable amount of information is still required before determining whether it is prudent to
pass a by-law to license escort services in the City of Kitchener only. Committee noted their
concern that if only the City of Kitchener were to pass such a by-law, these escort services would
simply move to another municipality in the Region.
On motion by Mayor C. Zehr -
it was resolved:
“That consideration of Corporate Services Department report CRPS-01-074, (Licensing
of Escort Services)
be deferred and referred to the June 4, 2001 Finance and
, to allow the following to take place:
Administration Committee meeting
(a) Discussion at the political and staff level with municipalities within the Region of
Waterloo regarding licensing of escort services; and,
(b) Staff to obtain a copy of the City of Windsor’s Escort Services By-law; and,
(c) Staff to enquire of the Cities of Toronto, Hamilton, Niagara Falls and London as
to whether they are considering licensing Escort Services; and,
(d) That copies of the article titled “Sex in the City” from the March/April 2001
edition of Forum be provided to members of Council; and further,
(e) Staff to determine whether:
(i) the Regional Municipality of Waterloo has the authority to license escort
services on behalf of the area municipalities;
(ii) the number of licencees can be restricted;
(iii) the Waterloo Regional Police Services can be contracted to enforce an
escort services by-law and the costs in this regard applied to the licence
fee;
(iv) livery licences for escort services can be required by the City of Kitchener
or whether this is solely the jurisdiction of the Region of Waterloo.”
4.
CAO-01-002 – REGISTER OF LOCAL GOVERNMENT EXPERTS FOR INTERNATIONAL
WORK – FEDERATION OF CANADIAN MUNICIPALITIES IN PARTNERSHIP WITH THE
CANADIAN RESOURCE BANK FOR DEMOCRACY AND HUMAN RIGHTS
The Committee was in receipt of staff report CAO-01-002, dated April 10, 2001,
recommending that the City of Kitchener employees be encouraged to register with the
Human Resource Bank for Democracy and Human Rights as experts interested in
participating in international work.
Mayor Zehr noted the various ways employees of the City could become involved in
international work, as outlined in the report, and stated this is a change from the way in which
the City has previously been involved in this type of work. He stated that the City of Kitchener
has established a favourable international reputation in this regard.
On motion by Councillor B. Vrbanovic –
it was resolved:
“That City employees be encouraged to register with the Canadian Resource Bank for
Democracy and Human Rights (CANADEM) as experts interested in participating in
international work; and further,
4.
CAO-01-002 – REGISTER OF LOCAL GOVERNMENT EXPERTS FOR INTERNATIONAL
FINANCE & ADMINISTRATION COMMITTEE MINUTES
MAY 14, 2001- 64-CITY OF KITCHENER
WORK – FEDERATION OF CANADIAN MUNICIPALITIES IN PARTNERSHIP WITH THE
CANADIAN RESOURCE BANK FOR DEMOCRACY AND HUMAN RIGHTS (CONT’D)
That all registration and contact with “CANADEM” be conducted through Sharon
Tranter, Co-ordinator of International Partnerships/Projects.”
5.
CRPS-01-073 – COUNCIL POLICY – LICENCE APPEALS – DISTANCE SEPARATION
The Committee was in receipt of staff report CRPS-01-073, dated May 7, 2001,
recommending approval of a draft policy regarding licence appeals involving distance
separation, a copy of which was attached to the report.
On motion by Councillor M. Galloway –
it was resolved:
“That the policy “Licence Appeals – Distance Separation” be adopted in the form as
attached to Corporate Services Department report CRPS-01-073.”
6.
CRPS-01-075 – EARLY CLOSING HOURS – PLACES OF REFRESHMENT/PUBLIC HALLS
The Committee was in receipt of staff report CRPS-01-075, dated May 9, 2001,
recommending that a notice be published in The Record advising of Council’s intention to
pass a by-law to establish early closing hours for places of refreshment and public halls, with
public comment in this regard to be considered at the June 4, 2001 Finance and
Administration Committee meeting. Draft by-laws in this regard were attached to the staff
report.
Councillor B. Vrbanovic noted that this issue has been a concern in various parts of the City,
and that such a by-law warrants consideration in terms of the need for police resources. He
questioned how this by-law would impact some places of refreshment, which are open for 24
hours, such as pizza places. Mr. Sosnoski responded that the by-law envisions two classes:
one for establishments with liquor licences and the other for those establishments which do
not have a liquor licence.
On motion by Councillor B. Vrbanovic –
it was resolved:
“That staff be directed to publish a notice in The Record advising of Council’s intention
to enact a by-law to establish early closing hours for Places of Refreshment and Public
Halls in the City of Kitchener, in the form as attached to Corporate Services Department
report CRPS-01-075; and further,
That any public comment in this regard be considered at the June 4, 2001 Finance and
Administration Committee meeting.”
7.
CRPS-01-076 – UPDATE ON BINGO REVENUES
The Committee was in receipt of staff report CRPS-01-076, dated May 9, 2001, providing
information with respect to the status of Bingo revenues, as requested by Council at its
February 12, 2001 meeting.
Mr. Sosnoski introduced the report noting that the revenue figures for Bingos have increased
over the past year.
Mayor Zehr suggested that people are now used to the changing face of gambling and the
non-smoking by-law. He questioned whether this is the same situation across the province
and Mr. Sosnoski responded that staff have not conducted a comprehensive province-wide
survey; however, Hamilton reports proportionate increases.
FINANCE & ADMINISTRATION COMMITTEE MINUTES
MAY 14, 2001- 65-CITY OF KITCHENER
8.
BPS-01-066 – LIQUOR LICENCE APPLICATION – RAINBOW CARIBBEAN CUISINE – 29
KING STREET EAST
The Committee was in receipt of staff report BPS-01-066, dated May 7, 2001, recommending
that Council not object to the liquor licence application for Caribbean Cuisine, 29 King Street
East, Kitchener; subject to the owner agreeing to certain conditions, including entering into a
private agreement with the City.
On motion by Mayor C. Zehr –
it was resolved:
“That no action be taken to oppose the application for a liquor licence from Rainbow
Carribean Cuisine, 29 King Street East, Kitchener, subject to the applicant voluntarily
requesting that the following conditions be added to the liquor licence:
a) To post, in a conspicuous place, the Downtown Licensed Establishment Code of
Conduct; and,
b) To notify the Clerk of the City of Kitchener, in writing, of any applications to
change the liquor licence, at the time the application for the change is made to
the Alcohol and Gaming Commission (AGCO); and,
That in the event the AGCO, at its discretion, does not add the above conditions to the
licence, the applicant agrees to have them added to and form part of a “Private
Agreement” with the City of Kitchener; and further,
That the applicant agrees to the following “Private Agreement Conditions”, and
acknowledges that the City’s non-objection to the issuance of the liquor licence is
based on the Private Agreement and continued compliance with it:
i) To abide by the Downtown Licensed Establishments Code of Conduct;
ii) To become a member of the Kitchener Downtown Business Association’s
Licence and Entertainment Committee and attend its meetings;
iii) To agree to set a 40% monthly ratio of alcohol sales to gross sales, including
food and other sundries as set out in the application; in other words, alcohol
sales will be limited to 40% of gross sales; and further,
iv) Not to expand the licensed establishment without the consent of City Council.”
9.
CRPS-01-059 – UPDATE / FUNDING REQUEST – CORPORATE IMAGING MANAGEMENT
STRATEGY
The Committee was in receipt of staff report CRPS-01-059, dated May 8, 2001, providing an
update with respect to the Corporate Imaging Management Strategy (CIMS) requesting an
allocation of $76,000. to the 2002 Capital Forecast, with final funding to be approved as part
of the 2002 Capital Budget.
Upon questioning, Mr. Pritchard advised that funding had been provided by Council to
conduct a pilot project, which has evolved into a number of smaller projects. He advised that
Corporate Imaging is now an essential element of corporate records management. He noted
that the recommendation in the staff report asks that this funding request be considered as
part of the capital budget process.
Mayor Zehr questioned whether funding corporate imaging would result in cost savings. Mr.
Kierstead responded that, with specific projects, departments will be able to report cost
savings, noting that some of the savings relate directly to costs and some are indirect savings
in staff time. Mayor Zehr stated that staff should report on specific savings and budgets
should be adjusted when there are identifiable savings. Ms. P. Houston noted that there is
some difficulty in identifying precise savings, noting that some savings manifest themselves
through such things as improved response times and customer service.
FINANCE & ADMINISTRATION COMMITTEE MINUTES
MAY 14, 2001- 66-CITY OF KITCHENER
9.
CRPS-01-059 – UPDATE / FUNDING REQUEST – CORPORATE IMAGING MANAGEMENT
STRATEGY(CONT’D)
On motion by Mayor C. Zehr –
it was resolved:
“That Corporate Services Department report CRPS-01-059 – Update on Corporate
Imaging Management Strategy (CIMS) be received for information; and further,
That approval be given to add a general provision of $76,000. to the 2002 Capital
Forecast, to be administered by Corporate Records Management, to fund projects
approved under the auspices of CIMS, with final funding to be approved as part of the
2002 Capital Budget.”
Mr. Pritchard advised the Committee that Mr. Kierstead will be leaving the City’s employ at the
end of this week and thanked him for his excellent work.
10.
BPS-01-065 – GRANT REQUEST – DOWNTOWN FINANCIAL INCENTIVES – BRAMANTE
STUDIO – 8 QUEEN STREET NORTH
The committee was in receipt of staff report BPS-01-065, dated May 1, 2001, recommending a
“Grant-in-lieu of Building Permit Fee” under the Downtown Financial Incentives program for
renovations at Bramante Studio, 8 Queen Street North, Kitchener.
On motion by Mayor C. Zehr –
it was resolved:
“That the application of Bramante Studio for a “Grant-in-lieu of Building Permit Fee”, in
the amount of $572.00, be approved under the Downtown Financial Incentives program
for renovations at 8 Queen Street North, Kitchener.”
11.
FIN-01-12 – TAX SALE PROCESS – POLICY NOT TO INITIATE TAX SALE PROCEEDINGS
WHERE TAX ARREARS ARE LESS THAN $10,000.
The Committee was in receipt of staff report FIN-01-012, dated May 7, 2001, in response to
Council’s direction of January 29, 2001, to investigate the feasibility of not initiating tax sale
proceedings on properties where the dollar value of the tax arrears is less than $10,000.
Councillor Ziegler noted that the report states that the City has no obligation to obtain fair
market value for those properties it sells through the tax sales process, and Ms. L. MacDonald
confirmed the information in the report is correct.
Mayor Zehr questioned whether there is some reasonableness exercised in this regard. Ms.
MacDonald advised that the City operates under the tender process and although the
minimum bid must only be the amount of the tax arrears, usually the successful tender is close
to the market value. She advised that the City only receives the value of the tax arrears and
the rest of the money is paid to the Court.
On motion by Mayor C. Zehr –
it was resolved:
“That no action be taken to change the City’s policy relative to initiating tax sale
proceedings for properties where tax arrears are less than $10,000.”
12.
FIN-01-011 – WATERLOO REGION MUNICIPALITIES INSURANCE POOL – FINANCIAL
RESULTS AND INSURANCE RENEWAL
The Committee was in receipt of staff report FIN-01-011, dated May 7, 2001, providing the
annual report of the Waterloo Regional Municipalities Insurance Pool, and recommending that
the City’s share of the insurance pool dividend, being $411,444., be allocated to the insurance
reserve fund.
FINANCE & ADMINISTRATION COMMITTEE MINUTES
MAY 14, 2001- 67-CITY OF KITCHENER
12.
FIN-01-011 – WATERLOO REGION MUNICIPALITIES INSURANCE POOL – FINANCIAL
RESULTS AND INSURANCE RENEWAL (CONT’D)
Ms. Houston introduced Ms. Nancy Chambers and Mr. Craig Smith, the City’s Risk Managers,
who were congratulated by Councillor Ziegler for an excellent job.
On motion by Mayor C. Zehr –
it was resolved:
“That the Waterloo Region Municipalities Insurance Pool Annual Report, for the year
ending May 31, 2001, be received for information; and further,
That the City’s share of the insurance pool dividend of $411,444. be allocated to the
Insurance Reserve Fund.”
13.
PRESENTATION – PROPERTY TAX IMPACTS 2001
Ms. P. Houston gave a PowerPoint presentation outlining the factors affecting 2001 property
taxes: market value reassessment; tax policy and tax ratios; education tax rate; City and
Regional budget impacts; and Bill 140 capping.
Ms. Houston noted that, for the taxation year 2001/2002, market value assessment will be
based on values as of June 30, 1999. Ms. Houston then reviewed market value changes by
property class, noting that market value reassessment results in taxation shifts between
property classes and between municipalities within the Region.
Ms. Houston then advised that tax policy and tax ratio decisions are the responsibility of the
Region and these decisions apply to all the area municipalities. Further, May 31 is the
deadline for the Region to set tax ratios and rates. Tax ratios determine the proportion of
municipal taxes paid by each property class, the residential class being the benchmark with a
ratio of 1.0. She noted that the Province had determined that tax ratios must be approximately
1.0 for all property classes, and they must be within “fairness ranges” or move toward them.
The Province has prescribed threshold ratios, which determine a municipalities ability to pass
on levy increases to capped classes. Any levy increases which cannot be passed onto the
capped classes must shift to the uncapped classes, being the residential class. It is the
Province’s intention to lessen the tax burden on the capped classes; which results in a shift of
the tax burden to the residential class. Ms. Houston noted that the total tax bill impact will be
4%.
Mayor Zehr stated that this shift is going to be difficult to explain to tax payers. Ms. Houston
advised that Regional Council has adopted the threshold ratios, noting that moving directly to
the “fairness ranges” would mean a much greater impact. She noted that next year the Region
may be forced by the Province to move to the “fairness ranges”.
Councillor B. Vrbanovic noted the importance of communicating the reason for the ratio
changes, and it should be made clear to the public that these changes are provincially
mandated. This is the case of the Province moving the tax burden from corporate Ontario and
putting it on the shoulders of the average citizen.
Councillor J. Ziegler questioned whether there are still caps on increases imposed by the
Province, and Ms. Houston advised that the cap is 5% on everything except residential.
Further, she advised that levy increases can be passed onto capped classes but not
assessment increases.
Councillor B. Vrbanovic requested that staff provide a breakdown of revenues per class of
assessment.
With regard to education taxes, Ms. Houston advised that although an announcement in this
regard had been expected last week from the Province, no announcement has been made.
The Province had previously promised a 10% decrease in education taxes.
FINANCE & ADMINISTRATION COMMITTEE MINUTES
MAY 14, 2001- 68-CITY OF KITCHENER
13.
PRESENTATION – PROPERTY TAX IMPACTS 2001 (CONT’D)
Ms. Houston advised that she is working on a communications plan with Ms. Pitfield to explain
these tax/assessment changes to the public. With respect to the standardized tax bill format,
Ms. Houston advised that all tax increases, as a result of provincial decisions are listed as
“other” on the bill. Councillor J. Ziegler suggested sending out a flyer with the tax bill
explaining what is included in “other” on that bill.
14.
ADJOURNMENT
On motion, the meeting adjourned at 11:29 a. m.
Dianne H. Gilchrist
Committee Administrator