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HomeMy WebLinkAboutComm Svcs - 2006-02-06COMMUNITY SERVICES COMMITTEE MINUTES FEBRUARY 6, 2006 CITY OF KITCHENER The Community Services Committee met this date commencing at 4:41 p.m. Present: Chair -Councillor G. Lorentz Mayor C. Zehr and Councillors B. Vrbanovic, M. Galloway, J. Smola and C. Weylie. Staff: C. Ladd, Chief Administrative Officer A. Pappert, General Manager of Community Services G. Sosnoski, General Manager of Corporate Services & City Clerk R. Browning, Interim General Manager of Development & Technical Services L. MacDonald, Director of Legal Services & City Solicitor K. Baulk, Director of Enterprise K. Currier, Director of Operations S. Adams, Director of Community Programs H. Gross, Director of Project Administration & Economic Investment M. Hildebrand, Director of Aquatics & Athletics R. Regier, Executive Director of Economic Development D. Chapman, Director of Financial Planning & Reporting C. Sadeler, Interim Director of Community Programs & Services G. Hummel, Manager of Park Planning, Development & Operations F. McCrea, Assistant City Solicitor E. Harris, Arts & Culture Facilitator C. Goodeve, Committee Administrator 1. CSD-06-005 -PERSONAL ATTENDANT FOR LEISURE (PAL) CARD - CROSS MUNICIPAL RECOGNITION - CITY OF THUNDER BAY The Committee was in receipt of Community Services Department report CSD-06-005, dated January 10, 2006 regarding the Personal Attendant for Leisure (PAL) card cross municipal recognition of the City of Thunder Bay. On motion by Councillor J. Smola - itwas resolved: "That recognition of the City of Thunder Bay as a participating municipality with the Personal Attendant for Leisure (PAL) Card program be endorsed; and further, That incorporation of other municipalities into the PAL Card program be at the discretion of Community Services Department staff." 2. CSD-06-008 - RENEWAL OF FOOT CARE PROVIDER CONTRACTS - KITCHENER SENIOR CENTRES The Committee was in receipt of Community Services Department report CSD-06-008, dated February 1, 2006 regarding the renewal of the Foot Care Provider agreements for Kitchener Senior Centres. On motion by Councillor J. Smola - itwas resolved: "That the 2005 Foot Care Service Provider Licence Agreements for Breithaupt, Rockway, and Downtown Community Centres be renewed with current providers for the 2006 year as outlined in Community Services Department report CSD-06-008; and further, That the General Manager of Community Services be authorized to renew these contracts annually." COMMUNITY SERVICES COMMITTEE MINUTES FEBRUARY 6, 2006 - 6 - CITY OF KITCHENER 3. CSD-06-018 - RENEWAL OF CO-OPERATIVE AGREEMENT WITH MARMO TRAVEL CLUB INC. The Committee was in receipt of Community Services Department report CSD-06-018, dated February 1, 2006 regarding the renewal of the Co-operative agreement with Marmo Travel Club Inc. for 2006. On motion by Councillor J. Smola - itwas resolved: "That the Mayor and Clerk be authorized to execute a Co-operative agreement with Marmo Travel Club Inc. for 2006, to the satisfaction of the City Solicitor, to provide recreational excursion opportunities at the Rockway Centre to travellers aged 50+ years." 4. CSD-06-019 - OFFER TO PURCHASE REMAINING KOR GALLERY ASSETS The Committee was in receipt of Community Services Department report CSD-06-019, dated January 30, 2006 regarding an offer to purchase the remaining assets in the KOR Gallery. Ms. C. Sadeler advised that the sale of the remaining assets in the KOR Gallery is the next stage in the shut down of the Gallery's operations. She stated that at the December 14, 2005 Arts & Culture Advisory Committee (ACAC) meeting a representative of the KOR Board of Directors gave a presentation to ACAC estimating KOR's outstanding liabilities at approximately $16,000. Based on this presentation, ACAC has recommended that the City purchase the remaining Gallery assets. She advised that staff have the following concerns regarding the possibility of the City purchasing the KOR assets: • lack of detailed knowledge about the assets' value and title status; • outstanding liabilities and the cost of obtaining assistance in resolving these issues; • purchase of the assets would contravene current Council policies; and, • purchase of the assets would put the City in the role of a broker for the subsequent dispersal of the assets. Ms. C. Sadeler added that the City, as an unsecured creditor for the outstanding utility bill, would find itself in a conflicting role of providing funding to settle an outstanding account owing to the City. She advised that given these difficulties and notwithstanding ACAC's recommendation, staff is recommending that the offer to purchase be declined. Mr. Brent Harding, former Artist-in-Residence, attended on behalf of Mr. John de Boers, who created most of the sculptures at the KOR Gallery and has expressed a desire to see his sculptures remain on public display. Mr. Harding stated that Mr. de Boers created at least 4 of the 5 sculptures listed in the staff report. In response to questions, Mr. B. Harding advised that he is of the opinion that Mr. de Boers received a tax receipt for most of the work he donated; however, due to changes in government regulations, Mr. de Boers may not have received a tax receipt for his most recent donation. Ms. C. Sadeler advised that the KOR Board of Directors are under the impression that all the sculptures are their assets, adding that the Board has been unable to locate any tax receipts issued for the sculptures. Mr. B. Harding further advised that the KOR Gallery possessed a kiln and molds which have an approximate value of $6,000. and are currently in use by the seniors program at the Downtown Community Centre. He stated that he would like to see the kiln remain in its current use. Ms. C. Sadeler pointed out that neither the kiln nor the molds are listed as assets by KO R. Ms. Joy Kramer, Executive Member, KOR Board of Directors, advised that she was not speaking on behalf of the Board, noting that she would prefer to see the KOR assets maintained in the community. She added that if the City were to purchase the assets, there is a greater propensity that they would continue to be accessible to the public. She stated COMMUNITY SERVICES COMMITTEE MINUTES FEBRUARY 6, 2006 - 7 - CITY OF KITCHENER 4. CSD-06-019 - OFFER TO PURCHASE REMAINING KOR GALLERY ASSETS (CONT'D) that Mr. de Boers mentioned to her that he had an understanding when he donated the sculptures that they would remain in the public realm. In response to questions, Ms. J. Kramer advised that she was unsure as to the exact value of the sculptures and requested that if the City purchases the assets, they be given to public non- profit organizations. She noted that she was unaware if any local post-secondary institutions have been approached to see if they have an interest in any of the assets. Councillor C. Weylie inquired as to whether the members of the KOR Board of Directors would be personally responsible to cover the outstanding $3,600., as they no longer have insurance. She was advised that it would be highly unlikely that any of these liabilities would be passed on to individual Board members; however, if any additional creditors come forward, the Board members may be liable. Mayor C. Zehr commented that the City could be entering into a legal quandary with regard to title issues and suggested that Mr. de Boers be contacted to provide any receipts that may demonstrate ownership of the sculptures. He questioned if there is a means by which the sculptures may be separated from the rest of the assets and asked staff to put forward options, other than purchase, to allow for the sculptures to be retained in the public realm. Ms. A. Pappert advised that developing a list of options may be difficult given the ambiguity surrounding the nature of the donation. She added that information is needed regarding whether a cultural properties receipt was issued and if an evaluation report was undertaken. She noted that if the artist donated the sculptures to the KOR Gallery on the condition that the sculptures are to remain in the public realm, then the sculptures could possibly be intellectual properties of the artist. Ms. C. Sadeler pointed out that the sculptures have been listed by the KOR Board of Directors as an asset and the KOR Board of Directors are under the impression that they are the legal owners of the sculptures. A motion by Mayor C. Zehr was brought forward for consideration to decline the offer to purchase, save and except the sculptures, subject to receiving information regarding their ownership; value; original purchase price; receipts issued; and, options to retain the pieces in the public realm. Councillor B. Vrbanovic suggested that there may be funding left over from some of the City's building projects that could be used to purchase the remaining KOR assets. Ms. E. Harris advised that any funding remaining from a construction project would have been transferred into that building's maintenance accounts. Councillor G. Lorentz inquired as to the KOR Board of Directors timeframe to sell the assets and was advised that it is their desire to have the balance of the assets sold by the end of February 2006. On motion by Mayor C. Zehr - it was resolved: "That the offer to purchase the assets remaining in the KOR Gallery be declined, save and except the sculptures outlined in Community Services Department report CSD-06- 019, subject to receiving information regarding the pieces concerning ownership; value; original purchase price; receipts issued; and, options to retain the pieces in the public realm." 5. CSD-06-012 -ENCROACHMENT AGREEMENT - 117 CENTURY HILL DRIVE The Committee was in receipt of Community Services Department report CSD-06-012, dated January 31, 2006 regarding a request for an encroachment agreement for 117 Century Hill Drive and across-departmental review of the City's Encroachment Policy. COMMUNITY SERVICES COMMITTEE MINUTES FEBRUARY 6, 2006 - 8 - CITY OF KITCHENER 5. CSD-06-012 -ENCROACHMENT AGREEMENT - 117 CENTURY HILL DRIVE (CONT'D) Mr. K. Currier advised that at the November 28, 2005 Council meeting consideration of the encroachment agreement was deferred pending a report explaining the history of the encroachment (including pictures of the site) and the feasibility of charging an annual rental fee to property owners entering into encroachment agreements for use of City-owned lands. He displayed site photographs and stated that the encroachment occurs in an area of the park that is not easily accessible, and while adjacent, it does not intrude into the woodlot. He pointed out that the standard encroachment agreement requires the property owner to provide insurance protecting the City and acknowledges the City's right to remove the encroachment at any time. Mr. Currier noted that staff are also recommending that across-departmental review of the encroachment policy be undertaken to determine the feasibility of charging annual rental fees. In response to questions, Mr. K. Currier advised that the current owners informed staff that they had purchased the property in January 2005 and the previous owners had installed all of the listed encroachments. Mr. Currier pointed out that the owners claim has been substantiated through various aerial photographs. He noted that if Council decides to charge an annual rental fee, it would only be applicable to those encroachments discovered in future and not to existing encroachments. Ms. L. MacDonald added that the number of encroachments discovered have been growing due to property surveys no longer being required as a condition of purchase. She noted that this increasing problem will be examined as part of the cross-departmental review. Mr. Currier stated that staff anticipate presenting the cross-departmental review to this Committee by the end of May 2006. On motion by Mayor C. Zehr, the staff recommendation contained in Community Services Department report CSD-06-012 was brought forward for consideration. Several members advised that although they are reluctant given the growing number of encroachments on to City-owned lands, they would support the motion. On motion by Mayor C. Zehr - it was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement, satisfactory to the City Solicitor, with the property owner of Lot 414, Registered Plan 1375, municipally known as 117 Century Hill Drive, to legalize the existing encroachment of a fenced yard containing a retaining wall, fence, shed, play structure and vegetable garden which encroach approximately 13 ft. at the rear of the property, on adjacent City-owned property; and further, That a cross departmental review of the encroachment policy take place to determine the feasibility of charging annual rental fees and any required changes to the enforcement of the policy." At the request of Mayor C. Zehr, it was agreed that notification to the public should be given regarding the potential to incur an annual rental fee for any future encroachments discovered or dealt, pending the outcome of the cross-departmental review of the encroachment policy. On motion by Mayor C. Zehr - it was resolved: "That as of February 13, 2006, owners of any property found to be encroaching onto City-owned property be given notice that should an encroachment be granted it may be subject to an annual fee, pending the outcome of across departmental review of the City's encroachment policy." COMMUNITY SERVICES COMMITTEE MINUTES FEBRUARY 6, 2006 - 9 - CITY OF KITCHENER 6. CSD-06-015 -OFFER TO PURCHASE 4 ACRES OF THE TRILLIUM DRIVE WATERLOO REGION DISTRICT SCHOOL BOARD (WRDSB) LANDS - HURON NATURAL AREA (HNA) The Committee was in receipt of Community Services Department report CSD-06-015, dated January 25, 2006 regarding the sale of 4 acres of Waterloo Region District School Board (WRDSB) lands in the Huron Natural Area (HNA). Mr. G. Hummel advised that the City received an Offer to Purchase the land from Blue Top Properties for $135,000. per acre. Completion of the land transaction (as approved by the HNA Board of Directors in 2001) through execution of the Offer to Purchase and payment in advance of $250,000. for servicing costs, is required to initiate reconvening of the Board which will allow the HNA project to move forward with the implementation strategies outlined in the HNA Master Plan. The City will recover the funds paid in advance on closing of the sale. Ms. F. McCrea advised that if the staff recommendation is approved the HNA Board of Directors could reconvene some time over the next month. On motion by Councillor M. Galloway - it was resolved: "That the offer of purchase for 4 acres of the Trillium Drive School Board lands from Blue Top Properties for the purchase price of $135,000. per acre be accepted; and, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor; and further, That the advance of $250,000. to the Waterloo Region District School Board (WRDSB) as purchase price of the lands completing the obligation to the WRDSB, be approved." 7. ADJOURNMENT On motion, the meeting adjourned at 5:35 p.m. Colin Goodeve Committee Administrator