HomeMy WebLinkAboutFin & Corp Svcs - 2006-09-05FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
SEPTEMBER 5, 2006 CITY OF KITCHENER
The Finance and Corporate Services Committee met this date, commencing at 2:05 p.m.
Present: Councillor M. Galloway -Chair
Mayor C. Zehr and Councillors J. Smola, G. Lorentz, and C. Weylie.
Staff: C. Ladd, Chief Administrative Officer
T. Speck, General Manager of Corporate Services
P. Houston, General Manager of Financial Services and City Treasurer
R. Browning, General Manager, Development & Technical Services
L. MacDonald, Director of Legal Services and City Solicitor
D. Chapman, Director of Financial Planning and Reporting
J. Witmer, Director, Building Services
D. Paterson, Director, Human Resources
S. Turner, Director of Enforcement
P. Harris, Manager of Licensing
J. Rade, Equipment & Vehicle Training Coordinator
D. Gilchrist, Committee Administrator
1. CRPS-06-128 -REQUEST FOR VARIOUS VENDORS / ACTIVITIES ON CITY PROPERTY
- OKTOBERFEST -OCTOBER 5-15, 2006
The Committee considered Corporate Services Department report CRPS-06-128, dated
August 25, 2006, recommending approval of the request of K-W Oktoberfest for various
vendors and activities to take place on City property from October 5 to 15, 2006.
On motion by Councillor G. Lorentz -
itwas resolved:
"That the request of K-W Oktoberfest Inc. to allow the following vendors andlor
activities to take place on City property from October 5 to 15, 2006, be approved
provided the necessary licences, including Health and Fire approval, are obtained:
• 1 Beer and Food Tent on Frederick Street
• 6 Food Vendors - five on Benton Street and one on Frederick Street
• 6 tents/stages/activity areas - four on Benton Street, 1 on King St. E. and one in the
Parking lot on Goodie's lane; and,
That those selling food provide proof of insurance naming the City as an additional
insured; and further,
That building permits for any tents, if required, are obtained."
2. CRPS-06-120- EXEMPTION TO CHAPTER 450 (NOISE} OF THE MUNICIPAL CODE
- CONESTOGA STUDENTS INC. - CONESTOGA COLLEGE
- 299 DOON VALLEY DRIVE (SEPTEMBER 12, 2006)
The Committee considered Corporate Services Department report CRPS-06-120, dated
August 28, 2006, recommending an exemption from Chapter 450 Noise) of the City of
Kitchener Municipal Code, for Conestoga College Inc. on September 12, 2006.
On motion by Councillor G. Lorentz -
itwas resolved:
"That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code
be granted to Conestoga Students Inc. for an outdoor concert at Conestoga College on
Tuesday September 12, 2006, between the hours of 6:00 p.m. and 11:00 p.m."
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3. CRPS-06-126 - EXEMPTION TO CHAPTER 450 (NOISE) OF THE MUNICIPAL CODE
- CONCORDIA CLUB - TRACHTENFEST
- 429 OTTAWA ST.S. (SEPTEMBER 30, 2006)
The Committee considered Corporate Services Department report CRPS-06-126, dated
August 28, 2006, recommending an exemption from Chapter 450 Noise) of the City of
Kitchener Municipal Code, for the Concordia Club Trachtenfest, to be held on September 30,
2006.
On motion by Councillor G. Lorentz -
itwas resolved:
"That an exemption from Chapter 450 Noise) of the City of Kitchener Municipal Code
be granted to the Concordia Club at 429 Ottawa Street South, on Saturday September
30, 2006, between the hours of 6:00 p.m. to 1 a.m. on October 1, 2006."
4. CRPS-06-129 -APPEAL -HOT DOG CART LOCATION - 47 GLEAMS ROAD
The Committee considered Corporate Services Department report CRPS-06-129, dated
August 25, 2006, with respect to the appeal of Margaret Furey to the decision of the Manager
of Licensing not to issue her a licence to operate a hot dog card at 47 Gleams Road; as this
location does not comply with the requirements of Chapter 586 (Refreshment Vehicles) of the
City of Kitchener Municipal Code.
Ms. S. Brezinski of Manitou Take-out advised she has been in business at 45 Manitou Drive
for 2 years. She advised there is not enough trade in this area for 2 businesses.
Ms. M. Furey addressed the Committee advising that every time she finds a location for her
cart, she is refused a licence, and she has been unable to find a location to operate her
business. Upon questioning she advised her last location was on Trillium Drive, and she has
tried to find a new location in Waterloo as well as in Kitchener.
Ms. Harris advised that the Refreshment Vehicle By-law has distance separation
requirements. Ms. Furey was informed about the required distance separation, and she is
familiar with the by-law.
Councillor Lorentz suggested that staff do some computer modelling to find potential sites
where people can locate refreshment vehicles. Ms. Ladd responded that staff will investigate
the possibility for doing such modelling.
On motion by Mayor C. Zehr -
itwas resolved:
"That the appeal of Margaret Furey of the decision of the Manager of Licensing not to
issue a licence for the operation of a hot dog cart at 47 Bleams Road, in accordance
with Chapter 586 (Refreshment Vehicles) of the City of Kitchener Municipal Code, be
denied."
5. CAO-06-052 - END OF MANDATORY RETIREMENT
The Committee considered Chief Administrative Officer report CAO-06-052, dated August 23,
2006, addressing changes required to Council Policies, to comply with new legislation that
becomes effective December 12, 2006, ending mandatory retirement. Mr. Paterson explained
that the legislation ending mandatory retirement takes effect on December 12, 2006. To
comply with this new legislation he recommended amendments to 2 of Council's policies: 11-
250 -Retirement, and II-145 Group Insurance. The change to Council Policy II-250 will
remove "Compulsory Retirement" and retain "Normal Retirement". The change to II-145 -
Group Insurance and Pension Plans, will make clear that insurance and pension benefits will
cease upon the employee reaching normal retirement age. Mr. Paterson then explained that
sick leave and vacation will be accrued in the same manner for all employees regardless of
age.
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5. CAO-06-052 - END OF MANDATORY RETIREMENT (CONT'D)
A discussion took place regarding some form of compensation in lieu of insurance benefits for
employees 65 or older. Mayor Zehr suggested the employer man have some responsibility to
compensate employees 65 and older, in order for their work to have the same value as it did
before the employee reached age 65. Mr. Paterson responded that staff will need some time
to properly examine this possibility.
It was generally agreed to defer consideration of this report to allow staff some time to explore
theh possibility of some form of compensation for insurance benefits to employees after their
65 birthday.
On motion by Mayor C. Zehr -
itwas resolved:
"That consideration of Chief Administrative Officer report CAO-06-052 End of
Mandatory Retirement) be deferred to the Finance and Corporate Services
Committee meeting of September 18, 2006, at which time staff report on the best way
for the City to deal with insured benefits for employees beyond age 65."
6. CAO-06-054 -EMPLOYEE CULTURE SURVEY
The Committee considered Chief Administrative Officer report CAO-06-054, dated August 28,
2006 addressing this Committee's direction of May 1, 2006, for staff to commence a process
to obtain a consultant to design and administer aCorporate-wide Employee Culture Survey.
Mr. Paterson presented the report noting that there are some unknown elements; however,
the cost of the survey will not exceed $40,000. Ms. Ladd advised that, depending on the
structure of the final report, additional reports on the department and divisional level may need
to be purchased.
Mayor Zehr commented on the amount for G.S.T., Ms. Houston noted the City must apply for
a G.S.T. rebate. Mayor Zehr requested that all staff reports show the G.S.T. amount as a
separate item.
Councillor Lorentz moved the recommendation in the staff report, and agreed to an
amendment to include an upset limit of $40,000.
On motion by Councillor G. Lorentz
it was resolved:
"That Brock University Workplace Health Research laboratory (WHRL) be retained to
complete acorporate-wide Employee Culture Survey, to an upset limit of $40,000."
7. CAO-06-053 -COMMERCIAL VEHICLE OPERATOR'S REGISTRATION AND
HIGHWAY TRAFFIC ACT LEGISLATIVE CHANGES
The Committee considered Chief Administrative Officer report CAO-06-053, dated August 24,
2006, informing them of changes to take place in Federal and Provincial legislation,
respecting Commercial Vehicle Operators' Registration and the Highway Traffic Act. Mr. Rade
presented the report.
Upon questioning Mr. Rade advised that our current loge will not be sufficient to address the
new legislative requirements, and additional information will have to be recorded. This record
keeping will initially be done manually, and a computerized process will eventually be
developed.
Mr. Rade advised that the proposed legislation has been available for public comment since
July, and there is only a small window of opportunity for comment. The province intends to
have legislation passed and effective January 1, 2007, coincident with the Federal legislation.
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7. CAO-06-053 -COMMERCIAL VEHICLE OPERATOR'S REGISTRATION AND
HIGHWAY TRAFFIC ACT LEGISLATIVE CHANGES, CONT'D
Following discussion it was agreed by the Committee that the City of Kitchener should work
with the Association of Municipalities of Ontario (AMO). Staff was directed to provide a
thorough report on this matter to Councillor Galloway for submission to AMO staff and board,
as soon as possible. Mayor Zehr agreed to send a letter to Kitchener Centre MPP John
Milloy, addressing the City's concerns with the content and timing of this proposed legislation,
and the lack of public consultation. Staff was also directed to prepare an implementation plan
to be in place, should this legislation be adopted.
8. FIN-06-027 -CITY OF KITCHENER APPLICATION TO CANADA-ONTARIO MUNICIPAL
RURAL INFRASTRUCTURE FUND (COMRIF) INTAKE THREE
The Committee considered Financial Services Department report FIN-06-027, dates August
30, 2006, recommending submission of an application under intake three of the Canada -
Ontario Municipal Rural Infrastructure Fund for funding for the Server Lateral and Main
Rehabilitation project. Staff also recommend the development of a joint initiative with the City
of Waterloo to enhance this application.
Mr. Browning reviewed the report, noting that Kitchener and Waterloo have been working
together on this project, and on August 21, 2006, the Waterloo City Council passed a similar
recommendation to that before the Committee this date. He advised that staff have been in
contact with the province who advise they will give our application a thorough review, but have
not made a definite commitment.
Upon questioning, Mr. Chapman advised that the City has the ability to fund its portion of the
project with uncommitted funds in the sewer capital budgets and the existing trenchless
rehabilitation budgets.
On motion by Councillor C. Weylie -
itwas resolved:
"That staff submit an application under intake three of the Canada-Ontario Municipal
Rural Infrastructure Fund (COMRIF) for the Sewer Lateral and Main Rehabilitation
project, which represents the City's highest priority for the purposes of the COMRIF
program; and,
That the development of a joint initiative with the City of Waterloo be endorsed in order
to enhance the COMRIF intake three application; and further,
That the City's share x$4,984,277) of the total project cost x$14,952,831) be funded
from existing capital budget and forecast provisions for uncommitted capital (2006-
2008) and trenchless sewer rehabilitation (2007-2009) as outlined in Financial Services
Department report FIN-06-027."
9. DTS-06-133 - BRAMM STREET YARDS -PROJECT UPDATE
The Committee considered Development and Technical Services Department report DTS-06-
133, dated August 25, 2006, requesting funding for additional remediation work to be done on
the soil and groundwater at the Bramm Street Yards.
Mr. Witmer presented the report noting the amount of waste material was substantially more
than anticipated, 3,000 tonnes of material were stockpiled as compared to the initial estimate
of 1,900 tonnes. This material had to be removed from the site, bioremediated, and returned.
Further, there was a high chloride content in the water on site, which affected the methods
chosen for bioremediation. Upon questioning, Mr. Witmer confirmed that this is likely to be the
end of additional costs for this project.
FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
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9. DTS-06-133 - BRAMM STREET YARDS -PROJECT UPDATE, CONT'D
On motion by Councillor C. Weylie -
itwas resolved:
"That an upset limit of $89,450 for additional work associated with the remediation of
gasoline related contamination in the soil and groundwater at the Bramm Street Yards
be approved, as outlined in Development and Technical Services Department report
DTS-06-133."
10. ADJOURNMENT
On motion, the meeting adjourned at 3:25 p.m.
Dianne Gilchrist
Committee Administrator